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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