HomeMy WebLinkAboutPlanning Commission Minutes 11.8.11_CCv0001.pdf MINUTES: of the Planning Commission Meeting of the City of Redlands held
Tuesday, November 8, 2011, at 2:00 p.m. are as follows:
PRESENT: Gary Miller, Chairman
John James, Vice Chairman
Carol Dyer, Commissioner
Conrad Guzkowski, Commissioner
Ken Jeske, Commissioner
Julie Rock, Commissioner
ADVISORY STAFF Dan McHugh, City Attorney
PRESENT: Oscar Orci, Development Services Director
Robert Dalquest, Assistant Development Services Director
Manuel Baeza, Principal Planner
Chris Boatman, Associate Planner
Tabitha Kevari, Associate Planner
Sergio Madera, Associate Planner
I. CALL TO ORDER AND PUBLIC COMMENT PERIOD - 3 MINUTES
Chairman Miller called the meeting to order, and opened up the Public Comment period.
All members were present.
There were no Public Comments and the Public Comment period was closed.
II. CONSENT CALENDAR
A. None
III. OLD BUSINESS
A. BNY, INC., APPLICANT
(PROJECT PLANNER: CHRIS BOATMAN)
1. Consideration of a recommendation to the City Council on a
Mitigated Negative Declaration.
2. PUBLIC HEARING to consider a recommendation to the City
Council on a Socio-Economic Cost/Benefit Study.
3. PUBLIC HEARING to consider a recommendation to the City
Council for General Plan Amendment No. 127 to amend the
General Plan Land Use Designation from Low Density Residential
(0 to 6 units per gross acre) to Medium Density Residential (0 to
15 units per gross acre) for approximately 3.14 acres located on
the east side of Occidental Drive, approximately 657 feet north of
Brockton Avenue.
4. PUBLIC HEARING to consider a recommendation to the City
Council for Zone Change No. 439 to change the zoning
designation from R-1 (Single Family Residential) District to R-2
(Multiple Family Residential) District for twelve (12) contiguous
parcels of land totaling approximately 3.14 acres located on the
east side of Occidental Drive, approximately 657 feet north of
Brockton Avenue.
Planning Commission Minutes of
November 8,2011
Page 1
5. Determination of General Plan conformity for Street Vacation No.
154 to vacate approximately 317 linear feet of Crystal Court
located on the east side of Occidental Drive, approximately 657
feet north of Brockton Avenue in the R-1 (Single Family
Residential) District (Proposed to change to R-2 [Multiple Family
Residential] District).
6. PUBLIC HEARING to consider a recommendation to the City
Council for Conditional Use Permit No. 986 for the development of
thirty six (36) townhomes on approximately 3.14 acres located on
the east side of Occidental Drive, approximately 657 feet north of
Brockton Avenue in the R-1 (Single Family Residential) District
(Proposed to change to R-2 [Multiple Family Residential] District).
7. PUBLIC HEARING to consider a recommendation to the City
Council for Tentative Tract No. 18795 to subdivide approximately
3.14 acres into thirty six (36) numbered lots and one common lot
for a townhome development located on the east side of
Occidental Drive, approximately 657 feet north of Brockton
Avenue in the R-1 (Single Family Residential) District (Proposed
to change to R-2 [Multiple Family Residential] District).
Associate Planner Chris Boatman gave a brief overview and PowerPoint presentation.
Staff recommended the Planning Commission recommend approval of the proposed
project subject to the approved conditions of approval. Associated Planner Boatman
stated a letter of support was submitted from neighbors in the area.
Commissioner Jeske inquired if it was necessary to increase density to meet the goals of
the general plan without amendments. Assistant Director Robert Dalquest stated the
City does not need to rezone property to comply with the forecast from the Certified
Housing Element and Regional Housing Needs Assessment.
Commissioner Jeske expressed concern and requested more information on the
Community Facilities Districts (CFD's). Assistant Director Dalquest stated the language
can be changed to direct the Home Owner's Association (HOA's) to maintain all of the
common areas, and landscaping along the right of way. If the HOA does not maintain
the property as agreed, then the CFD's will take over the maintenance. City Attorney
Dan McHugh stated the CFD lays dormant until the HOA does not meet its obligations.
City Attorney McHugh confirmed the tax levy has already been set, and the City Council
can levy the tax on all properties in the subdivision to pay for the maintenance and
improvements.
Chairman Miller inquired if the HOA stayed healthy the tax levy would not be activated
until the HOA was in distress. City Attorney McHugh confirmed and stated the tax levy
has never occurred in Redlands.
Commissioner Dyer stated there was inconsistency with the landscape plans. Associate
Planner Boatman confirmed the colored landscape plans is what the Commission should
review.
Chairman Miller opened up the Public Hearing.
Mr. Bud Thatcher, representative, gave a brief overview of the proposed project. Mr.
Thatcher stated they concur with the conditions of approval and are available for any
questions.
Planning Commission Minutes of
November 8,2011
Page 2
Commissioner Jeske requested clarification on the phasing. Mr. Thatcher clarified the
multiple phases. Commissioner Jeske requested an additional condition on the
improvements. Mr. Thatcher concurred.
Chairman Miller requested clarification on the completion of the phasing, and inquired
what assurances could the applicant provide. Mr. Thatcher stated they would agree to a
condition that would require a bond to complete the project.
Commissioner Dyer requested clarification on the clear story windows location. Mr.
Stegemann clarified the clear story windows are over the shower facility.
Chairman Miller requested additional enhancement to the roof. Chairman Miller
recommended adding more height to the column materials. Mr. Stegemann concurred.
Commissioner Rock recommended some variation on the garage doors. Mr.
Stegemann concurred.
Chairman Miller called speaker sign up Ms. Rebecca Bodden to address the
Commission.
Ms. Bodden stated she was not notified of the proposed project. Ms. Bodden expressed
concern that the condominiums will turn into fraternity homes, and stated the proposed
project does not fit in their neighborhood. Ms. Bodden said the proposed project could
make their property value depreciate.
Chairman Miller called speaker sign up Ms. Josephina Chavez to address the
Commission.
Ms. Chavez chose not to address the Commission.
Chairman Miller called speaker sign up Mr. Rene Chavez to address the Commission.
Mr. Chavez stated he was in favor of the proposed project and stated it would be an
improvement to the area.
Commissioner Dyer inquired if he was a home owner in the area. Mr. Chavez stated he
grew up in the home which his parents live in, and are the original owner's.
Chairman Miller called speaker sign up Mr. Robert Chavez-Stortz to address the
Commission.
Ms. Chavez-Stortz addressed the Commission and stated the proposed project would be
an improvement to the area, and confirmed her support.
Ms. Laura Fotia, resident, expressed concern if the proposed project is not restricted to
owner occupied it could become an investment property. Ms. Fotia requested a lower
density.
Ms. Jesse Klaus, resident, stated the homeowners next to the project did not get the
public hearing notice, and confirmed she had letters of opposition of the proposed
project from residents in the area. Ms. Klaus expressed concern on the long term
condition of the property and would rather wait to see single family homes.
Mr. Klaus, resident, stated the condominiums are like apartments since there is not a
guarantee for owner occupancy. Mr. Klaus stated the condominiums are not a good fit
for the neighborhood, where there was one single family home there will now be ten
facing their property with the proposed project.
Planning Commission Minutes of
November 8,2011
Page 3
Chairman Miller closed the Public Hearing.
Commissioner Rock stated she explored the neighborhood and confirmed she was in
agreement with some of the residents' concerns on the density. Commissioner Rock
said she had spoke with a realtor in the area and was told the condominiums may bring
$165,000 to $200,000 per unit, and expressed concern with the proposed project.
Commissioner Guzkowski stated the intersection along Occidental Drive and Lugonia
Avenue is in need of improvements. Commissioner Guzkowski said the proposed
project is not compatible with the neighborhood and carried the threat of rental
properties in a single family residential neighborhood.
Vice Chairman James stated a higher density is appropriate near facilities like the
university, and is a good fit. Vice Chairman James stated he was in favor of the
proposed project.
Commissioner Dyer stated the proposed project is affordable and is a positive impact for
the area. Commissioner Dyer confirmed her support of the proposed project.
Commissioner Jeske inquired if the complex was a gated community. Associate Planner
Boatman stated it is not a part of the conditions of approval. Commissioner Jeske
recommended an added condition of approval on the gate. Commissioner Jeske
inquired if the proposed project was approved and was not built what could a new owner
be permitted to build. Associate Planner Boatman stated the property would allow
anything in R-2 medium density. Commissioner Jeske inquired if an approval could be
repealed. Assistant Director Dalquest confirmed the City could repeal the project.
Commissioner Jeske asked if there was a possibility of converting the proposed project
into a fraternity house with multiple doors. Assistant Director Dalquest stated if an owner
bought two lots, they could provide access to both. Director Orci stated if it was a single
family home an owner could provide access to both. Commissioner Jeske stated the
proposed project is a good transition for the neighborhood.
Chairman Miller stated the proposed projects level of the density and character of
architecture changes the neighborhood. Chairman Miller confirmed if the access to the
complex was from University Street or Lugonia Avenue and had single family homes
facing the single family homes he would be in support of the proposed project.
Chairman Miller confirmed his opposition on the proposed project.
MOTION
It was moved by Commissioner Guzkowski, seconded by Commissioner Rock and
carried on a 4-2 vote (Commissioner Hudson absent, Vice Chairman James and
Commissioner Dyer opposed) that the Planning Commission recommends denial of
General Plan Amendment No. 127, Zone Change No. 439, Street Vacation No. 154,
Conditional Use Permit No. 986 and Tentative Tract No. 18795 to the City Council.
IV. NEW BUSINESS
A. ROD CANADA, APPLICANT
(PROJECT PLANNER: CHRIS BOATMAN)
1. Consideration of a Notice of Exemption pursuant to
Section 15305 of the California Environmental Quality Act
Guidelines.
Planning Commission Minutes of
November 8,2011
Page 4
2. PUBLIC HEARING to consider Variance No. 765 to allow a
five (5) foot reduction in the required fifteen (15) foot front
yard setback pursuant to Section 18.36.090(B) of the
Redlands Municipal Code for a proposed 504 square foot
garage addition to a single family residence located at
1222 Monte Vista Drive in the R-E (Residential Estate)
District.
Associate Planner Boatman gave a brief overview and PowerPoint presentation. Staff
recommended approval of the proposed project subject to the approved conditions of
approval.
Commissioner Rock requested clarification on the garage setback. Associate Planner
Boatman stated the garage setback is a ten foot minimum.
Chairman Miller opened up the Public Hearing.
Mr. Rod Canada stated he was in agreement with the conditions of approval and was
available for any questions.
Chairman Miller closed the Public Hearing.
MOTION
It was moved by Commissioner Dyer, seconded by Vice Chairman James and carried on
a 6-0 vote (Commissioner Hudson absent) that the Planning Commission determined
that Variance No. 765 is categorically exempt from the California Environmental Quality
Act, pursuant to Section 15305 of the CEQA Guidelines.
MOTION
It was moved by Commissioner Dyer, seconded by Vice Chairman James and carried on
a 6-0 vote (Commissioner Hudson absent) that the Planning Commission approve
Variance No. 765 subject to the following findings and attached conditions of approval:
A. There are exceptional or extraordinary circumstances or conditions applicable to
the property or to the intended use that do not apply generally to other properties
or uses in the same vicinity and zone in that the site slopes down to the north
and a ten (10) foot public utilities easement is located adjacent to the east
property line, minimizing the buildable area of the site. Further, the project
contains an existing single car garage and a redesign of this structure to comply
with the Zoning Ordinance would require significant reconfiguration and
represents an undue hardship,
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zoning
district, but which is denied to the property in question as it is similar to properties
in the immediate vicinity with a similar front yard setback reduction including
homes located at 1228, 1220, 1216 and 1212 Monte Vista Drive,
C. The granting of the variance will not be detrimental to the public welfare or
injurious to the property or improvements of others in the vicinity as the new
garage will replace an existing non-conforming garage already within a required
yard. The adjacent neighbors to the east and west both have homes that are
setback ten (10) feet from the front property line and the proposed garage will be
setback ten (10) feet; and,
Planning Commission Minutes of
November 8,2011
Page 5
D. The granting of the variance will not adversely affect the General Plan of the City
of Redlands as the Land Use Designation of Low Density Residential will not be
affected and the use will remain residential.
Chairman Miller moved the order of the agenda due to a conflict of interest and recused
himself.
V. ADDENDA
A. CONGREGATION EMANU EL, APPLICANT
(PROJECT PLANNER: SERGIO MADERA)
Planning Commission to consider a revised landscape plan for
Conditional Use Permit No. 965 an approved 18,065 square foot place of
worship on approximately five (5) acres located at the northeast corner of
Ford Street and Patricia Drive in Specific Plan No. 23.
Associate Planner Sergio Madera gave a brief overview and PowerPoint presentation.
Staff recommended approval of the proposed landscape plan subject to the approved
conditions of approval.
Commissioner Dyer requested clarification on the view of the parking lot. Associate
Planner Madera clarified the parking lot configuration. Commissioner Dyer requested
more screening with plants that have recommended growth for the area. Associate
Planner Madera confirmed a condition of approval could be added.
Commissioner Rock stated along Patricia Drive and the patio area, the site had lost ten
trees and requested clarification. Associate Planner Madera stated the project is being
phased and will have trees for shading in the future when the balance of the project is
constructed.
Vice Chairman James opened up the Public Hearing.
Mr. George Theodoro, representative, gave a brief overview of the landscape plan.
Commissioner Dyer expressed concern on the view of the parking lot off of Ford Street.
There was discussion on the parking lot screening.
Commissioner Rock inquired if there is a parkway on Patricia Drive. Associate Planner
Madera confirmed.
Vice Chairman James closed the Public Hearing.
MOTION
It was moved by Commissioner Dyer, seconded by Commissioner Jeske and carried on
a 6-0 vote (Commissioner Hudson absent) that the Planning Commission approve the
revised landscape plan for Conditional Use Permit No. 965 subject to the attached
conditions of approval.
The approval includes the addition of Condition of Approval No. 5 and 6 as follows:
Planning Commission Minutes of
November 8,2011
Page 6
5. The Yellow Coastal Bush Lupine, Papyrus, and Aeonium species shall be
replaced with species that are more appropriate for the area's climate.
6. Additional shrub materials shall be included on the final landscape plan starting
at the northern most finger landscape planter and ending at the northwest corner
of the parking area.
Vice Chairman Miller returned to the Planning Commission.
IV. NEW BUSINESS
B. SIMON HODANU, APPLICANT
(PROJECT PLANNER: TABITHA KEVARI)
1. Consideration of a Notice of Exemption pursuant to Section 15301
of the California Environmental Quality Act Guidelines.
2. PUBLIC HEARING to consider Conditional Use Permit No. 991 to
establish a church within a 1,900 square foot tenant space in a
commercial and industrial development located at 721 N Nevada
Street within the EV/IC (Commercial Industrial) District of the East
Valley Corridor Specific Plan.
Associate Planner Tabitha Kevari gave a brief overview and PowerPoint presentation.
Staff recommended approval of the proposed project subject to the approved conditions
of approval.
Chairman Miller opened up the Public Hearing.
Mr. Simon Hodanu, applicant, stated he was available for any questions.
Chairman Miller stated there is another church in the evenings at this time, and there
may be a conflict in the future.
Commissioner Dyer inquired if the other church had a permit.
Associate Planner Kevari stated there are two churches in the center currently. One has
a permit and the other does not. Assistant Director Dalquest stated they visited the
church that is in operation in the evening and there was ample parking available.
Commissioner Guzkowski inquired if staff had concerns on this type of facility in
commercial industrial areas. Assistant Director Dalquest stated staff has no concerns
with the three churches in this complex. Director Orci stated legally, churches are
allowed unless there are significant impacts to the environment.
MOTION
It was moved by Commissioner Dyer, seconded by Vice Chairman James and carried on
a 6-0 vote (Commissioner Hudson absent) that the Planning Commission determine that
Conditional Use Permit No. 991 is exempt from the California Environmental Quality Act
Guidelines pursuant to Section 15301.
Planning Commission Minutes of
November 8,2011
Page 7
MOTION
It was moved by Commissioner Dyer, seconded by Vice Chairman James and carried on
a 6-0 vote (Commissioner Hudson absent) that the Planning Commission approve
Conditional Use Permit No. 991 based on the following findings, and subject to the
attached Conditions of Approval:
1. The proposed church will not adversely affect the applicable land use plans of
the City as the project would be consistent with applicable General Plan Policies
contained in Section 4.70 and 4.62 of the Land Use Element; such that the
project provides a community oriented service into an existing commercial and
industrial complex within the East Valley Corridor Plan area. The subject use will
operate during off-peak hours which will decrease the potential for impacts on
traffic and circulation within the surrounding road network and will be
compatibility between the adjacent land uses.
2. The church will not be detrimental to the public health, safety and welfare. The
project will be located in a freestanding building within an existing commercial
and industrial center that has adequate parking to accommodate the proposed
use. In addition, the project will operate primarily during off-peak hours reducing
impacts to traffic circulation in the vicinity. Further, conditions of approval have
been applied to the projects that regulate the proposed use's operational
characteristics which include hours of operation, maximum occupancy, and
limited hours for live music.
3. The church will comply with the regulations of the City's General Plan, the
applicable land use district and the City's development standards because the
proposed location is adequate in size to accommodate the use. The project
would be consistent with applicable General Plan Policies contained in Sections
4.7 and 4.62 of the Land Use Element, and will provide a community oriented
service into an existing commercial and industrial complex. The project will
comply with all applicable development standards of the EV/IC District; and,
4. The project is appropriate at the proposed location because it will not interfere
with existing nearby businesses and will operate primarily during off peak hours
reducing impacts to traffic circulation. In addition, the site contains adequate
parking facilities to accommodate the proposed use.
C. CITY OF REDLANDS, APPLICANT
(PROJECT PLANNER: MANUEL BAEZA)
1. Consideration of a recommendation to the City Council on a
Notice of Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act Guidelines.
2. PUBLIC HEARING to consider a recommendation to the City
Council on Ordinance Text Amendment No. 331 to amend
Chapter 18.228 of the Redlands Municipal Code regarding an
update to the Density Bonus regulations for consistency with
Chapter 4.3 of the State Planning and Zoning Laws.
Principal Planner Manuel Baeza gave a brief overview and PowerPoint presentation.
Staff recommended approval of the proposed project subject to the approved conditions
of approval.
Planning Commission Minutes of
November 8,2011
Page 8
Commissioner Rock inquired if there is regulation on the quality of the donated land.
Principal Planner Baeza stated state law does not specify the quality of land. City
Attorney McHugh confirmed the land must be suitable to build affordable housing.
Chairman Miller opened up the Public Hearing. There were no comments forthcoming
and the Public Hearing was closed.
MOTION
It was moved by Commissioner Guzkowski, seconded by Commissioner Rock and
carried on a 6-0 vote (Commissioner Hudson absent) that the Planning Commission
recommend that the City Council determine that Ordinance Text Amendment No. 331 is
exempt from the California Environmental Quality Act pursuant to Section 15061 b(3) of
the CEQA Guidelines.
MOTION
It was moved by Commissioner Guzkowski, seconded by Commissioner Rock and
carried on a 6-0 vote (Commissioner Hudson absent) that the Planning Commission
adopt Planning Commission Resolution No. 1219 and recommend that the City Council
approve Ordinance Text Amendment No. 331 to the Redlands Municipal Code.
B. PRESENTATION ON GREEN BUILDING STANDARDS
Director Orci stated Building Official Richard Pepper will give a presentation on the
Green Building Standards.
Building Official Pepper gave a brief overview and presentation on the Green Building
Standards.
VI. MINUTES
A. None
VII. LAND USE AND CITY COUNCIL ACTIONS OF OCTOBER 18, 2011 AND
NOVEMBER 1, 2011.
VIII. ADJOURN TO NOVEMBER 22, 2011
Chairman Miller adjourned the meeting at 4:15 p.m. to the November 22, 2011 meeting.
Linda McCasland Oscar Orci
Senior Administrative Technician Development Services Director
Planning Commission Minutes of
November 8,2011
Page 9