a) Discussion of Holiday Meeting Schedule, December 17, 2007 or January 7, 2008
Planning Manager, Deborah Nelson asked the Commission about potential conflicts and/or preferences for one rather than two meetings during the Holiday period.Commissioner Iwasa indicated a conflict for the meeting of December 17th.Planning Manager, Deborah Nelson indicated that the staff would review the incoming applications and suggest a date which provides service to applicants in a timely manner and also results in one meeting rather than two.Follow-up recommendation will occur at an upcoming Planning Commission meeting.
Serena Ponzo, Planner II made a presentation on the item and answered questions of the Commissioners.
Commissioner Divney questioned whether the texture of the panels should be addressed.
Dayna Aguirre, applicant made a presentation of the proposal noting that the company is amendable to finishes which match the color and texture of the building.
Commissioner Divney asked if there were plans for an Appleton plug for a roll-up generator.
Dayna Aguirre, applicant noted there was no room at this facility for roof mounted equipment.
Commissioner Iwasa asked is this additional small coverage increase is typical.
Dayna Aguirre, applicant clarified that the proposal is for PCS versus a cellular. She then explained the coverage constraints and plans for improvements.
M/S Phillips/Divney to close the public hearing.
Commissioner Divney commented there was not a condition specific to colors and materials, and asked if reflecting materials that are in the plans is sufficient.
Greg Rubens, Deputy City Attorney noted a requirement is less likely to be missed if it was a separate condition.
Commissioner Iwasa asked fellow Commissioners their interest in adding a condition requiring a provision of equipment removal if abandoned.
Greg Rubens, Deputy City Attorney noted that language of a condition as adapted with the last site reviewed would be appropriate.
M/S Thompson/Iwasa approve the Use Permit as amended with the addition of two conditions regarding colors and textures and assurances for future removal of equipment.
Commissioner Thompson recused himself on this item for the reason indicated in the past discussion and asked to return under public comment to speak as a community member.
Stephanie Bertollo-Davis, Planner III made a presentation on the item also noting the revised conditions and answered questions of the Commission.
Commissioner Iwasa requested clarification regarding the 60 days requirement.
Greg Rubens, Deputy City Attorney noted this would be 60 days from the last discretionary approval and/or 3 years, as practical matter on a landmark site.
Commissioner Divney asked if there associated fees with the process outlined in Condition #10.
Stephanie Bertollo-Davis, Planner III noted fees would be required for each new Business Registration.
Commissioner Divney asked if the reference should be made to the tenant rather than the applicant.
Stephanie Bertollo-Davis, Planner III noted, yes.
Commissioner Divney asked if item #6 would be in the context of future Tenant Improvement activities.
Chair Royce asked if Condition #2 is consistent with practice and if this apply this to other businesses.
Stephanie Bertollo-Davis, Planner III noted yes, Condition #6 would be in the context of future tenant improvements and that any outdoor activity would require a Conditional Use Permit and that this application has not requested outdoor activity at this time.
John Matthews, architect for the project noted that the requirement of additional parking spaces has been met in the drawings.
The Commission opened Public Comment.
Lee Thompson, 51 Bayport Ct. expressed concern of the traffic and that adequate parking does not equate to no traffic. He requested the city to study traffic at Industrial Road and East San Carlos Avenue, specifically the left turn signal. In response to a question, he noted that it is the left turning motion that is the problem.
Commissioner Phillips commented this is not a new land use development, that he is happy with the proposal.
Commissioner Divney stated he would echo the comments Stephanie Bertollo-Davis said of the development. He asked for clarification from Deputy City Attorney Rubens on new construction.
M/S Divney/Iwasa approve the Use Permit as amended with changes to Conditions #14 and #17.
Commissioner Thompson recused himself on this item for the reason indicated in the past discussion.
Stephanie Bertollo-Davis, Planner III made a presentation on the item and answered questions of the Commission.
Commissioner Iwasa expressed thanks to Stephanie Bertollo-Davis for explaining Condition # 2.
John Matthews, architect on the project was present to answer questions of the Commission.
Chair Royce asked a question regarding outdoor use He also asked the applicant to advise users of the facility.
Stephanie Bertollo-Davis, Planner III noted outdoor use would entail a new Use Permit request. She suggested the applicant be sensitive to early morning activities that may cause dogs to bark.
M/S Divney/Iwasa to close the public hearing.
M/S Divney/Iwasa approve the Use Permit as amended with a change to Condition #2.
Deborah Nelson, Planning Manager, presented the item and discussed the background, input to date and recommendation.
Commissioner Iwasa inquired about the Zoning Administrator process, who is designated, how public hearings are noticed and conducted, and if packets are available on line.Commissioner Iwasa also asked about the cost of an Appeal of the Zoning Administrator decision.
Deborah Nelson, Planning Manager, stated Assistant City Manager Brian Moura is the Zoning Administrator for the City and the noticing is consistent with the Use Permit requirements. Ms. Nelson indicated she would look the Zoning Administrator packet being put on the City’s website.
Commissioner Thompson asked for clarification of the language “any use otherwise permitted”included in the proposed ordinance under C.1.
Commissioner Phillips asked for a summary of permitted uses in the Downtown Retail Core, specifically the C-R District.
Deborah Nelson, Planning Manager and Greg Rubens, Assistant City Attorney provided answers to the Commissioners questions.
Howard Girdlestone, 2 Valleman Ct. asked questions regarding a currently occupied tenant space 2,500 s.f. or greater (Hallmark Store) and the need for a Use Permit if the use changes. He also asked about time frame and costs.
Deborah Nelson, Planning Manager, clarified all tenant spaces this size or greater would require a Use Permit review process and responded to questions asked by Mr. Girdlestone.
Howard Girdlestone indicated that the time and fees involved are expensive and not encouraging of potential uses in the Downtown.
Ben Tascian, owner of a space greater than 2,500 s.f. commented about his previous Use Permit experience and indicated that another Use Permit process as a result of a new ordinance would cost 2-3 months in time and lost income.He noted that there are prohibited uses stated in the Zoning Code.He asked about desired tenant types and outcomes.He indicated that the proposal will deter potential tenants.
Mark Sawicki, Redevelopment and Housing Manager, spoke at the request of one of the members of the Trust that owns the Bell Market site who expressed support for the ordinance and indicated that the existing Urgency Ordinance had been beneficial in recent legal settlement proceedings to replace the leaseholder.
M/S Phillips/Iwasa to close the Public hearing.
Commissioner Phillips stated his appreciation of the comments of the property owners.He stated that the proposed Ordinance may have unintended consequences including additional processing time.He noted that the Ordinance could act as a blunt instrument which will discourage investment and add an additional level of uncertainty.After other discussion by Commissioners, Commissioner Phillips also indicated his concern for existing downtown vacancies.He noted that market forces and economic pressures should be guiding dynamics.He further noted that residents could chose not to support a use they do not like and that a use with low revenue may not continue in the long term.
Commissioner Divney stated his reservations with the form and procedure of the proposed Ordinance.He stated his view that the use of economic findings could be vague and arbitrary.He stated that he did not like government deciding who is a worthy tenant and who is not.He noted his leaning toward extending the existing Urgency Interim Ordinances and a need to flush out the issues further.After other discussion by Commissioners, Commissioner Divney noted that there are stores that draw shoppers from other cities.In addition to market forces driving use, Commissioner Divney suggested predictability in the Code and that the Code should provide incentives rather than create disincentives for applicants.
Commissioner Iwasa expressed concern that the Zoning Administrator would be the sole decision maker and that an ordinance should be thought through more carefully.After discussion by other Commissioners, Commissioner Iwasa cautioned that protection of the downtown is an expressed community value which should not be lost sight of.
Commissioner Thompson expressed concern that the proposed Ordinance is in conflict with letting the market decide appropriate uses.He expressed concern about the decision lying with one person, the Zoning Administrator.He inquired about the process if the Urgency Interim Ordinances are continued for another year.Commissioner Thompson asked for confirmation that the Planning Commission would be making a recommendation to the City Council and the City Council might make another decision regardless.
Chair Royce stated a desire to utilize a public hearing process for projects deemed warranted.He also noted that if the worry is only regarding one site or use, the ordinance should not impact others unnecessarily.
Deborah Nelson, Planning Manager provided answers to specific questions asked by commissioners and offered clarifying points regarding existing ordinances and the proposed ordinance.
M/S Divney/Iwasa with a friendly amendment by Thompson recommend Option 2, Extension of the existing Urgency Interim Ordinances for a period of one additional year and that the matter be further studied during that term.Motion passed 4-1.Commissioner Phillips indicated his preference for Option 1, to allow the existing Interim Urgency Ordinances to lapse.
Commissioner Iwasa reported on the General Plan Advisory Committee meeting (GPAC) and thanked Planner III, Stephanie Bertollo Davis on the meeting, the packet material, and good and timely communications.She also noted that the packets are available on-line.
Commissioner Iwasa reported the Building Community Task Force would be hosting a meeting 10:00 am to Noon on Saturday, November 10th in the Library Rooms A&B for the purpose of community input on the General Plan.Anyone interested may attend.The results will be transmitted to GPAC.
Chair Royce suggested that if vacancies occur on the Planning Commission as a result of the November 6, 2007 City Council elections that efforts be made to seek out qualified individuals, including from other City Committees and Commissions.
Deborah Nelson, Planning Manager reported on the status of posting “Action Minutes” for the Residential Design Review Committee (RDRC.)She distributed copies of the various pages and links to RDRC information now available on the City Website.Chair Royce requested that the Guidelines, brochure and charge of the RDRC be added to the site.
