MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 14, 2015 The meeting of the Manteca City Planning Commission held on Tuesday,, was called to order by Chairman Nuño at 7:00 p.m. COMMISSIONERS PRESENT: José Nuño, Gurminder (Gary) Singh, Eric Hayes, Roberto Alaniz, Leonard Smith, Jeffrey Zellner COMMISSIONERS ABSENT: STAFF PRESENT: John Brinton, City Attorney; Frederic Clark, Community Development Director; Erika Durrer, Senior Planner; Mandy Kang, Associate Planner; and Mark Meissner, Planning Manager. MINUTES: COMMISSIONER SMITH MOTIONED WITH COMMISSIONER SINGH SECONDING TO APPROVE THE MINUTES FROM MARCH 24, 2015, MOTION CARRIES 5-0-0. MEMBERS OF THE PUBLIC: AGENDA MODIFICATIONS: PUBLIC HEARINGS: 6.1 (CONTINUED FROM MARCH 24, 2015) South of Woodward Avenue Project Area (ANX 13-99-01, ANX 13-99-02)- Planning Manager, Mark Meissner Introduced the Item by reading the title and introduced Senior Planner, Erika Durrer. Erika presented the request by describing the details of the entitlements, the project area, the surrounding areas, and the environmental impact report. Erika concluded her presentation by recommending that the Planning Commission adopt resolutions making the required findings and forwarding a recommendation to the City Council to certify the South of Woodward Avenue Project Environmental Impact Report, Prezone the project area to R1, Single Family Residential establishing consistency with the General Plan; authorize staff to make application to LAFCo for annexation; approve a vesting tentative subdivision map for Atherton Homes at Woodward Park 1 and adopt the associated development agreement; and approve a vesting tentative subdivision map for Atherton Homes at Woodward Park 2 and adopt the associated development agreement. QUESTIONS OF STAFF: Chairman Nuño asked for questions of the Commissioners. Commissioner Hayes asked if staff has been contacted by the owner of the two homes fronting Pillsbury that are included in the annexation but not part of the project. Senior Planner, Erika Durrer stated that we have not heard from them. Commissioner Smith asked what vesting adds to the tentative map relative to fees and the life of the map. Community Development Director, Frederic Clark confirmed that vesting of a map sets fees and development standards to the date of approval and added that the project includes development agreements that further define the development fees and that the life of the maps is 10-years. Commissioner Smith asked about density and lot sizes. Erika answered 2 to 8 dwelling units per acre, and average of 8 to 9 thousand square feet. Commissioner Smith asked about Complete Streets. Erika answered that it is a concept in our General Plan Circulation Element requiring streets to consider more than cars and to design a walkable environment. Commissioner Alaniz asked about the proposed Community Facilities District (CFD) in regard to police and fire, and if it includes cost adjustments. Frederic confirmed that the CFD includes language to adjust fees based on the cost of labor.
Planning Commission Minutes Page 2 OPEN PUBLIC HEARING: Ron Cheek, RLC Associates spoke as the Engineer on the project. He summarized the required elements of the project and that the project is designed or otherwise conditioned to meet them. He emphasized that the development agreement includes elements that exceed City requirements including higher parks fees, and to meet future storm drainage and recycled water requirements, as well as the CFD to fund staffing for police and fire. He requested a positive recommendation from the Planning Commission to the City Council, and thanked staff. Michael Atherton, Applicant and Developer of the project spoke on the history of development in the surrounding area as well as his vision of continued development providing a walkable environment, housing, and jobs. CLOSED PUBLIC HEARING: Commissioner Smith emphasized need for variety of homes, and asked about the use of solar in this project. Michael Atherton stated that he supports solar and supports its use within this development. Commissioner Singh questioned lots with driveways accessing Pillsbury. Senior Planner, Erika Durrer read condition of approval that requires driveways to be designed so vehicles do not have to back out onto the street. Commissioner Singh added his concern regarding connectivity of sidewalks to neighboring commercial areas. Erika pointed out that sidewalks are required to be installed and that the two projects connect to the existing streets, sidewalks, and bikeways of the developments adjacent to the west. Commissioner Hayes stated his concerns on the practical use of hammer head driveways, and that homeowners will not use them. Community Development Director, Frederic Clark stated that the design works and acknowledged the concern that they will only work if used by the homeowners and if not compromised by a vehicle parked in the driveway. Commissioner Singh added that Pillsbury is two lanes and the new homes will add to the problem of cars backing into the street. Commissioner Alaniz pointed out that the development agreement included a requirement that the developments are required to meet City and/or State policies that are being established and how this affects these projects. Planning Manager, Mark Meissner responded with information regarding currently evolving landscaping standards and that the projects will be subject to them when they become effective. Chairman Nuño asked about the development agreement requirement to comply with storm water standards being established and the cost to developers. Ron Cheek answered that the fee is $462 per home to be used to monitor storm water discharge and retrofit existing facilities as necessary. Chairman Nuño asked about the CFD for Police and Fire. Ron Cheek spoke to the existing fire station site on the northwest corner of Atherton Drive and Woodward Avenue. Frederic pointed out the CFD for these projects covers staffing. Commissioner Smith asked about the difference in water usage between existing agriculture land and the development of homes, and stated his pleasure that there are commercially zoned areas within walking distance to this project. COMMISSIONER ALANIZ MOTIONED WITH COMMISSIONER SMITH SECONDING TO ADOPT RESOLUTION NO S 1411, 1412, & 1413 FORWARDING RECOMMENDATIONS TO THE CITY COUNCIL TO CERTIFY THE SOUTH OF WOODWARD AVENUE PROJECT AREA FINAL EIR, APPROVE PREZONING, AUTHORIZE STAFF TO APPLY FOR ANNEXATION, APPROVE VESTING TENTATIVE MAPS FOR ATHERTON HOMES AT WOODWARD PARK 1 & 2, AND APPROVE ASSOCIATED DEVELOPMENT AGREEMENTS (ANX 13-99-01, ANX 13-99-02). MOTION CARRIES 5-0-0. 6.2 Sundance Subdivision-General Plan Amendment, Rezone, Planned Development Amendment, Tentative Subdivision Map, Development Agreement Amendment; 14-75-03- Planning Manager, Mark Meissner Introduced the Item by reading the title and introduced Associate Planner, Mandy Kang. Mandy presented the request by describing the details of the entitlements, the project area, the surrounding areas, and the environmental determination to write an Addendum to the Certified EIR. Mandy concluded her presentation by recommending that the Planning Commission adopt a resolution making the required findings and forwarding a recommendation to the City Council to approve an
Planning Commission Minutes Page 3 Addendum to the Certified EIR; approve a General Plan Amendment to change the existing Medium Density Residential area of the project to Low Density Residential; Rezone the R-2 Limited Multi-Family Residential to R-1 Single Family Residential; amend the Planned Development overlay zone to include the entire project area; approve a tentative subdivision map for Sundance; and adopt the associated development agreement amendment. QUESTIONS OF STAFF: Commissioner Smith pointed out General Plan policy H-P-21 that states that the City shall not rezone medium or high density residential to a lower density unless replaced elsewhere. Planning Manager, Mark Meissner responded with an explanation of the City s requirement to meet the Regional Housing Needs Allocation (RHNA) which is tied to the City s provision of a sufficient amount of land zoned in various densities to provide for the potential to construct affordable housing. Mark pointed out that the City exceeds the State s requirements. Associate Planner, Mandy Kang added that the proposed project was designed to include smaller lots so that the overall density of the larger project area is only 16-lots short of the project as previously reviewed under two distinct zones. Commissioner Smith voiced his concern with smaller lots developed with large homes. Community Development Director, Frederic Clark re-emphasized the City s development capacity exceeds the State s requirements. Commissioner Smith acknowledged that Manteca s market is for single family detached homes. Chairman Nuño questioned the density range of R-1 zoning and the product that could be built. Mark pointed out that the allowed density range is 2 to 8 units per acre, and that developing at 8 units per acre was very difficult without constructing an attached product. Commissioner Alaniz asked if the development agreement for this project included provisions similar to the previous item. Frederic answered that this project is amending an existing development agreement and does not have a provision for funding police and fire. OPEN PUBLIC HEARING: Mike Hakeem, 3414 Brookside Rd., Stockton introduced himself as representing FCB homes, the applicant George Gibson of FCB homes, and engineer Tony Marshal of MCR. He continued by commenting on various facts regarding the requested actions including that the requests support revision to a project approved in 2007. He supported staff s analysis and recommendations as outlined in the Staff report. He clarified that the development agreement amendment included additional amenities to the park system and up-front payment for future upgrades to the City s storm drainage system. He restated and supported staffs conclusions and recommendations to the Planning Commission. George Gibson, FCB Homes provided additional explanation and support of the General Plan Amendment from Medium Density to Low Density Residential and that the market demand is for small lot single family. He provided detail on the proposed through-lots fronting to Woodward Avenue and the benefits of no driveways on Woodward Avenue. Chairman Nuño supported the through lot concept. Commissioner Singh asked about the through lots that did not rear to another street. George Gibson explained that these lots will have an easement that connects to the driveway and garage to the nearest street. Commissioner Smith cited the potential for disagreements between owners regarding the access easement. George Gibson clarified that the easements are legally binding with shared maintenance requirements. Commissioner Singh asked about parking. George Gibson stated that the through lots that do not rear to a street have parking on their driveway, and that there will be on-street parking pockets along Woodward Avenue. Commissioner Smith asked where the front door to the homes fronting Woodward will be. George Gibson explained that the front door faces Woodward Av. And that the garage is on the street at the back. Commissioner Singh asked if there is access on the back of the home. George Gibson explained that there is a gate and garage door. Jerry Wackerly, 4950 East Woodward Av., described his home as being directly southwest of the Sundance project. Jerry provided the Commissioners with a letter stating his concern that there are no streets exiting the subdivision directly across from his home. He stated that he reviewed the map prior to the meeting and found that there were no driveways proposed and that he is no longer concerned.
Planning Commission Minutes Page 4 CLOSED PUBLIC HEARING: Commissioner Smith asked about responsibility for the construction of Atherton Drive. Community Development Director, Frederic Clark answered that the construction of Atherton Dr. was under a separate agreement between the City and the owners of property along Atherton Dr. between Union Rd. and Airport Way. Commissioner Hayes asked about the City s minimum lot size standards. Planning Manager, Mark Meissner explained that the zoning ordinance update in 2012 eliminated the minimum lot size in order to make it possible to develop to the General Plan maximum density of 8 dwelling units per acre and lots less than 5,000 sq. ft. required additional design standards. Commissioner Smith stated that 8 dwelling units per acre would require lots smaller than 5,000 square feet. Chairman Nuño asked if there were conditions regarding the placement of two story homes. Associate Planner, Mandy Kang stated there were not conditions specific to limiting where 2-story homes could be located but that at least 25% of the homes must be 1 story. Commissioner Singh asked whether there was a condition restricting placement of the rear yard areas of the through-lots next to each other. Mandy confirmed that there was no condition to restrict this. Commissioner Alaniz spoke to smaller lot sizes and that they help make homes more affordable. COMMISSIONER SINGH MOTIONED WITH COMMISSIONER ALANIZ SECONDING TO ADOPT RESOLUTION NO. 1414 FORWARDING RECOMMENDATIONS TO THE CITY COUNCIL TO ADOPT THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT, AND APPROVE THE GENERAL PLAN AMENDMENT, REZONE, PLANNED DEVELOPMENT AMENDMENT, TENTATIVE SUBDIVISION MAP AND DEVELOPMENT AGREEMENT AMENDMENT FOR THE SUNDANCE SUBDIVISION. MOTION CARRIES 5-0-0. 6.3 Municipal Code Amendments MCA 2015-15 Emergency Shelters and Transitional and Supportive Housing- Planning Manager, Mark Meissner Introduced the Item by reading the title and continued with a presentation. Mark explained that the City is required to update its General Plan Housing Element every 8 years which is coordinated with the State s Regional Housing Needs Assessment. The RHNA was adopted by the San Joaquin Council of Governments late last year which established that our update must be completed and submitted to the HCD by this December 31st. The current General Plan Housing Element was adopted in June of 2010, which means that the data and analysis is relatively current. For this reason the City has the ability to utilize the State HCD Streamlined Review provision allowing updates and review by the HCD to only the areas where changes have occurred. The caveat is that City must document that its existing housing element was adopted and found to be in compliance with State housing element law, and that the City s policies, regulations, and procedures meet the requirements. Review for compliance found that the City needs to amend the zoning code to allow Emergency Shelters without requiring a Conditional Use Permit, and change the requirements for Transitional and Supportive Housing. Mark concluded his presentation with a recommendation that the Planning Commission adopt a resolution recommending that the City Council amends the allowed uses table to eliminate the requirement for emergency shelters to obtain a Conditional Use Permit; to replace the existing Emergency Shelter definition; to revise Chapter 17.76 (Emergency Shelters and Transitional Housing Facilities) to remove all mention of transitional housing and rename the chapter to Emergency Shelters; to remove reference note 2 next to Transitional Housing and Supportive Housing in the allowed uses table; and replace the definitions for Transitional and Supportive Housing. QUESTIONS OF STAFF: Commissioner Smith wanted to confirm that the amendment to allow Emergency Shelters in CG zones without a use permit meant that neither the Planning Commission nor the City Council would review the use. Planning Manager, Mark Meissner confirmed that to be the case and clarified that an emergency shelter is not exempt from building permits to convert an existing structure, or Site Plan Review if a new building is constructed. Commissioner Alaniz confirmed that the intent of the amendments are a cleanup of the existing ordinance, and that the State requirement is intended to eliminate local communities from
Planning Commission Minutes Page 5 blocking the establishment of Emergency Shelters because of community preference or politics. Commissioner Zellner asked why General Commercial zoning was chosen and not the Light Industrial zone. Mark explained that industrial areas are by title industrial and not a place for people to live. Mark clarified that an emergency shelter could be established in a light industrial zone, but would require approval of use permit to protect the shelter and its inhabitants from the industrial uses, not the other way around. Commissioner Zellner made the point that a homeless shelter could create blight in a commercial area. Mark pointed out that the adopted Housing Element included this change to the Zoning Ordinance so this change was reviewed and adopted at that time, and added that the Housing Element is in the process of being updated so the discussion of where to place homeless shelters as an allowed use can be discussed again. Commissioner Zeller stated that his preference is to allow homeless shelters in industrial areas. Commissioner Alaniz stated that homeless shelters tend to be in old hotels and asked if that was allowed. Mark explained that per the zoning ordinance, if the old hotel is located in a neighborhood commercial, general commercial or light industrial zone, then yes it could. Chairman Nuño asked if Manteca had any existing homeless shelters. Mark answered, yes. Commissioner Smith asked for confirmation that this was a recommendation to the City Council. Mark explained that all amendments to the Zoning Title are referred to Council. OPEN PUBLIC HEARING: CLOSED PUBLIC HEARING: COMMISSIONER SMITH MOTIONED WITH COMMISSIONER ALANIZ SECONDING TO ADOPT RESOLUTION NO. 1415 TO RECOMMENDING THE CITY COUNCIL APPROVES MUNICIPAL CODE AMENDMENT NO. MCA- 2015-15 AMENDING TITLE 17 ZONING IN ORDER TO ESTABLISH COMPLIANCE WITH THE 2010 GENERAL PLAN HOUSING ELEMENT AND STATE OF CALIFORNIA, HOUSING AND COMMUNITY DEVELOPMENT LAW REGARDING EMERGENCY SHELTERS, TRANSITIONAL HOUSING, AND SUPPORTIVE HOUSING -- MOTION CARRIES 5-0-0 OTHER SCHEDULED ITEMS: 7.1 Update on Planning Commission inquiry regarding requirements and incentives for including green technology in new development projects- Planning Manager, Mark Meissner Introduced the Item by reading the title and introduced Senior Planner, Erika Durrer. Erika presented the information as a follow up to questions raised at the March 24 th meeting of the Planning Commission. Erika explained that the information was obtained from a survey of other communities and the Manteca s Building Official. From the survey we found that Sebastopol, Lancaster, and Davis are the only Cities in California that have a mandatory requirement for solar, and that they are limited to residential only. Erika added that the City of San Carlos has adopted a density bonus incentive for developments that implement green technologies. Commissioner Smith wants the Commissioners to consider recommending an ordinance similar to these examples. Commissioner Hayes stated there are developers in Manteca that offer solar as a purchase option, and suggested incentives to developers or negotiated requirements within development agreements rather than an ordinance. Erika pointed out that the City of Davis used development agreements prior to adopting their ordinance. Commissioners Smith and Alaniz agreed that incentives and development agreements was a better option. Commissioner Hayes suggested not limiting the incentives to solar. Commissioner Singh pointed out that Woodside Homes provided solar with purchase of a home, but that Woodside was then responsible for maintenance so they switched to offering solar as a purchase option. Chairman Nuño pointed out his observations on the use of solar and thanked staff for their research. Commissioner Zellner pointed out that not all homes are conducive to the installation of solar. Commissioner Singh suggested limiting a requirement to 25% of homes within a development.
Planning Commission Minutes Page 6 COMMISSIONER COMMENTS: Commissioner Smith commented on the Housing Element workshop held by staff on April 8, 2015. He noted that there were developers and real estate people as well as homeless advocates, but had hoped for more regular citizens. He suggested better advertising. Mark pointed out that the 1 st workshop was intended to be stakeholders to give them an opportunity to voice their concerns as a group, and that staff has plans for 2 additional workshops focused on the community as a whole. One workshop will be with the Planning Commission and the other with the City Council. Commissioner Smith acknowledged that getting people involved is difficult. Senior Planner, Erika Durrer described the City s efforts to promote involvement in decision making and continued low attendance. Commissioner Alaniz requested the presentation from the workshop. Chairman Nuño thanked staff and those in attendance at this meeting of the Planning Commission. ADJOURNMENT: Chairman Nuño adjourned this meeting of Tuesday, at 9:20 p.m. to the next regular Planning Commission meeting of April 28, 2015. Secretary Chairman, Jose Nuño