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PUBLIC HEARING – CONTINUED PUBLIC HEARING – BICENTENNIAL MARKETPLACE – 3366 MENDOCINO AVENUE – General Plan amendment to change approximately 4.2 acres from Office and Very Low Density Residential to Retail and Business Services, and Rezoning to reclassify said properties from CO (Office Commercial) and RR-40 (Rural Residential) to CG (General Commercial) in order to accommodate a specialty grocery store and retail shops – File Number MJP10-003
Ex-Parte Disclosures:
Commissioner Stanley visited the site and spoke with an applicant representative.
Commissioner Bañuelos visited the site and spoke with members of the community.
Commissioner Poulsen visited the site.
Commissioner Byrd visited the site and spoke with a representative in March.
Chair Cisco visited the site and spoke with the applicant.
Planner, Bill Rose gave the staff report.
Applicant Representative, Tom Laguero gave a presentation.
Public Hearing:
- Nica Poznanovich, Community Market – submitted petition in opposition.
- Deb Scott, 2251 Santa Fe Drive, owner of Oliver’s - opposed stating the area was already saturated. Wants to keep it local.
- Terry Garrett, 1206 14th Street, Go Local Coop – feels it is a redundant demand; that if it comes (sprouts) it will be at the cost of local merchants.
- Jim Tonna, 1720 Hopper Avenue – spoke in opposition; stated there was a safety problem with elderly people coming in and out because of traffic problems.
- Tom Scott, 2251 Santa Fe Drive, General Manager of Oliver’s’ Markets – spoke in opposition stating that it is a saturated market.
- Jeff Lerner, 1224 Demeo Street – spoke in opposition.
- Sonia Taylor – spoke in opposition stating the Design Review Board does not understand CEQA as much as the Planning Commission and feels that the project should come to Planning Commission for land use issues; she also stated there needs to be an EIR.
- Marlene Lily, 807 Silva, Real Estate Broker – supports local market (Community Market).
- Jason Dwayeze – spoke in opposition stating that chopping down trees to build another building that could potentially be vacant doesn’t make sense.
- Meredith Kaplan, teacher - spoke of her experience with Community Market and how they donated healthy snacks to her school class.
- Lisa Ambruso – spoke in opposition to rezoning stating it didn’t seem fair without seeing a project.
Public Hearing Closed
Applicant responded to the public hearing stating that they didn’t know if Sprouts would come in, there was no project at this time; he also stated that office construction generally is more massive and bigger then a retail store.
Ubaldo Tambellini, owner of property stated he has no intention of cutting trees on the property and that the residential area there is not safe for residential.
Dalene Whitlock from W Trans commented on concerns regarding land use and vehicle trips.
Bill Rose to outlined the options for tonight’s decision that there are four options: 1) to recommend approval; 2) denial; 3) direction that a development project can go forward with a GPA and Rezoning application which would require a denial motion with direction to do so; and 4) Fair Argument which CEQA gives direction and how it can be applied which would be for the GPA and the Rezoning, and if the commission chooses that option they would be required to explain where the significant impacts lie.
Commissioners discussion ensued:
Commissioner Stanley – feels that retail use is appropriate for that property; doesn’t like the “potential” project but from a land use perspective he supports.
Commissioner Banuelos – doesn’t feel the Negative Declaration is adequate; has problems with the General Plan and Rezoning and the fragile nature of the property; the traffic analysis is not adequate; has a problem with the housing; would like to go with option 3 and would hope that an EIR would be required and housing that is lost would be replaced.
Commissioner Poulsen – stated the zoning that is being proposed is compatible and that it is not a great area for residential but good for retail, feels option 1 fits within what they are being asked to do.
Commissioner Byrd – feels a fair argument has been presented and that an EIR should be prepared; has issues with traffic report and that attention needs to be made with regards to hydrology and soils, housing, employment impacts, fiscal impacts with regards to local businesses, and that a physical site and a conceptual plan is needed, and they should consider the action as a whole; wants option 4.
Chair Cisco – stated their charge was whether or not a GPA was appropriate on that site; commented that it makes sense that retail would work there; stated that the process of review is adequate; likes option 1 but is concerned with what is needed to make the recommendation.
Bill Rose stated four votes in support were needed. He also stated another option would be to continue to another meeting for a full commission to be in attendance.
Commissioner Byrd, stated that a Community Impact Report would give them more information with regards to housing, retail, traffic, and sales tax.
Chuck Regalia stated that it is not the City’s policy to require impact reports as opposed to environmental impact reports; the Planning Commission does not have the authority to make that request as a condition of approval but they could make a recommendation to City Council to look at it as a work item.
Chair Cisco asked about the interest of continuing to a future meeting with a full commission to review.
Bill Rose stated that a continuance would only require 3 votes; and Molly Dillon stated if that was their desire they would need to make a motion to continue to the next meeting to allow missing commissioners, who would have to review tonight’s meeting to participate, and that it would not be a public hearing as the public hearing has already been closed.
Commissioner Poulsen made a motion and Commissioner Stanley seconded to continue to the July 14, 2011 meeting in order to have a full commission.
The motion carried with the following vote: |