1.

CALL TO ORDER

Chair Cisco called the meeting to order at 4:00 p.m.

2.

ROLL CALL

Commissioners present:  Commissioners Bañuelos, Duggan, Faber, Poulsen, Stanley and Chair Cisco.

Commissioner absent: Commissioner Byrd

3.

APPROVAL OF MINUTES

The Minutes of July 14, 2011 were approved with revisions.

4.

PUBLIC APPEARANCES

No appearances were made.

5.

DEPARTMENT REPORT

None

6.

PLANNING COMMISSIONER’S REPORT

None

7.

STATEMENTS OF ABSTENTION BY COMMISSIONERS

Commissioner Poulsen will abstain from Item 10 as he is a current member of the Fountaingrove Club.

8.

CONSENT AGENDA

None

9.

CONTINUED ITEM – NEGATIVE DECLARATION, REZONING, AND TENTATIVE MAP – RONNE DRIVE ADDITION – 1646, 1680, & 1687 RONNE DRIVE – Continued from July 14, 2011, an application to Rezone three parcels totaling 2.34 acres from the existing Rural Residential 40 (RR-40), Rural Residential 20 (RR-20), and Commercial Neighborhood (CN) Zoning Districts to the R-1-6 Zoning District and to subdivide one existing parcel into three separate parcels – File Number MJP11-001

Ex-Parte Disclosures:

All commissioners visited the site.

City Planner, Noah Housh presented the staff report.

Commissioners discussion ensued: 

All commissioners voiced their support for the project and commended the efforts of the applicant regarding the changes made; all support the rural street standard.

Commissioner Poulsen made a motion and Commissioner Duggan seconded to approve Resolution 11583: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA ADOPTING A NEGATIVE DECLARATION FOR THE RONNE DRIVE ADDITION LOCATED AT 1646, 1680, & 1687 RONNE DRIVE – FILE NUMBER MJP11-001

The motion carried with the following vote:

AYES:

(6)

(Bañuelos, Cisco, Duggan, Faber, Poulsen, Stanley)

NOES:

(0)

ABSTENTIONS:

(0)

ABSENT:

(1)

(Byrd)

Commissioner Poulsen made a motion and Commissioner Duggan seconded to approve Resolution 11584: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL REZONING OF PROPERTY LOCATED AT 1646, 1680, & 1687 RONNE DRIVE TO THE R-1-6 ZONING DISTRICT – FILE NUMBER MJP11-001

The motion carried with the following vote:

AYES:

(6)

(Bañuelos, Cisco, Duggan, Faber, Poulsen, Stanley)

NOES:

(0)

ABSTENTIONS:

(0)

ABSENT:

(1)

(Byrd)

Commissioner Poulsen made a motion and Commissioner Duggan seconded to approve (with added language to the DAC to include rural street standards) Resolution 11585: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING THE RONNE DRIVE ADDITION TENTATIVE MAP LOCATED AT 1646 RONNE DRIVE – FILE NUMBER MJP11-001

AYES:

(6)

(Bañuelos, Cisco, Duggan, Faber, Poulsen, Stanley)

NOES:

(0)

ABSTENTIONS:

(0)

ABSENT:

(1)

(Byrd)

10

PUBLIC HEARING – TENTATIVE MAP, CONDITIONAL USE PERMIT, AND HILLSIDE DEVELOPMENT PERMIT – SKYFARM UNIT 3 – 3925 SAINT ANDREWS DRIVE – Subdivide 10.42 acres into 30 lots and three common parcels for future single family detached residences – File Number MJP05-035

Ex-Parte Disclosures:

Commissioner Stanley visited the site and met with the appellant representative and the applicant representative.

Commissioner Bañuelos visited the site and met with appellant representative.

Commissioner Faber visited the site.

Commissioner Duggan visited the site met with appellant representative.

Chair Cisco visited the site and met with applicant representative and the appellant representative.

City Planner, Erin Morris presented the staff report.

Applicant representative, Tom Jones, Brelje & Race, gave a presentation.

Public Hearing:

• Jean Kapolchok, 843 Second Street, representing Fountaingrove HOA – commented on the Negative Declaration, tree loss, and tree mass issues. She stated the Negative Declaration was deficient in the areas of biological resource, aesthetics, land use, and planning and also it had not been signed and doesn’t feel it should go forward on that technicality.
• Edward Bellone, 3753 Cross Creek Rd – made comments about the Policy Statement for Fountaingrove with regard to its open spaces management plan.
• Jeanette Gulbronsen, 3935 St. Andrew – spoke of frustrations regarding neighbors and her efforts to meet with the attorney and the developer stating that they did not take any of their suggestions; as well as their efforts to communicate with the owners.
• Skip Epperly, 1986 West Bristlecone Ct. – addressed grading issues stating that there hadn’t been any changes to the project in that regard; feels the building setback lines should be adjusted in those that are greater than 25% so that the project will fit within the hillside ordinance; also addressed lot 14 with regards to rock outcroppings.
• Randy Seelye, FG Golf Club – appreciates all the changes to the project but stated that the ownership of the golf club has changed and they have some concern over liability on lots 15, 16, 17 as they are in line with golf balls; also has concern of heritage trees being removed.
• Laura Roney, 3959 Skyfarm Drive – asked for a plan that would work for everyone that would save more trees, reduce density and preserve the beauty of their neighborhood.
• Gary Balcerak, 608 Beaver St., Landscape Architect – spoke about the tree ordinance and how it is interpreted; stated there is no technical definition for a tree or shrub.
• Becky Duckles, Project Arborist – stated that the city has never requested nor had they ever counted Manzanita as trees; she also stated that Manzanita due to its pyrothetic nature was difficult to retain and that many on this site had a fungal disease that is chronic and progressive and also very common; she also stated that over the past winter some of the larger trees had fallen due to decay.

Public Hearing Closed

Applicant Representative responded to the public hearing stating that the issue of biotic and Mitigated Negative Declaration and the state database on rare and endangered species stated the WRA report was done in conjunction with the wildlife corridor assessment and the state data base was reviewed and found no special status or listed species were likely to use the proposed corridor; he also stated there were dues being paid on unsold lots by the developer who is the lot owner; with regards to slop instability stated that they had the geotechnical engineer come back and look specifically at this 10.5 acres and prepare a report which concluded that there is no slope instability issues; stated that the golf course ownership change that many of the same people who are on the land committee that he negotiated with are still members and owners of the golf course and feels that that process was above board as they had reached a compromise with the golf course that was acceptable and there was a parcel between the street and current property line that they were going to give to the golf course so they can have more control over their boundaries; felt that the neighbors request to go to 20 units was an unreasonable request and wouldn’t make economic sense for the developer; also stated that they provided figures with and without Manzanita’s and felt that after consulting fire officials that the right thing to do was propose that they not be preserved on this site due to its being a high fire danger site. Regarding the percentages sited by Jean Kapolchok he stated that there were in fact 46 trees that changed to the “will be saved” category.

Tina Wallace, Legal Counsel for the applicant – commented on CEQA issues and statements that were made that the Negative Declaration was not signed stating their packets do in fact contain a signed version; she also addressed the issue of lack of circulation or signature of the addendum to the Mitigated Negative Declaration and said that CEQA guidelines Section 15164 that governs addendums does not require notice, recirculation or signatures.

Commissioners discussion ensued:

Commissioner Faber – stated that it was already designated as a cluster site which is defined as small lot; stated the site plan is well thought out and can’t see it being done any better; would like to see a discloser done for the buyers regarding the trees; the only minor concern he has is the rock outcropping; the slope along the homes on St. Andrews is also a concern with regards to maintenance; will support the project.

Commissioner Bañuelos – commented on the issue of notice and was troubled that no from the neighborhood came to speak the last time they heard the project; she is concerned that noticing wasn’t done well enough; lot density issue is also a big concern with the neighbors; letter from country club raising the issue of liability is a legitimate concern; doesn’t feel the grading issues have been addressed; doesn’t feel that councils request has been done; does not support.

Commissioner Stanley - stated that the plan was approved over 20 years ago and that the density issue has been taken down to below 3 when they could go up to 8 units per acre;  feels that the way the applicant tucked in homes into the tree line is less imposing and very creative; stated that the loss of open space is addressed in the policy statement with regard to landscaping existing trees, feels that the applicants supplemental tree protection measure would be good to have; he also stated that architectural and landscaping excellence as being a solution to some of the problems; with regards to fire access he said that the fire department didn’t have any issues; doesn’t think the project will interfere with wildlife corridor; supports the project.

Commissioner Duggan – feels the applicant has made a reasonable provision to preserve trees and removing the lot as well as proposing a supplemental statement for potential homeowners for preserving trees; she also stated it has been a part of the master plan for 20 years; supports the project. 

Chair Cisco – support the project; stated that there has been a lot of care and negotiations over the years with the golf course and the neighborhood and the respect that has been given to having the larger lots up against the larger ones that exist, feels it’s well thought out and planned; as far as the extra language that the applicant has proposed, even though it cannot be enforced by the City, would like it to be added as it puts weight on the buyer; she also stated regarding tracking of outcroppings at the time the hillside development permits come in and wonders how that can be managed.

Erin Morris stated that they could add it as a condition of approval to the Hillside Development Permit so at the time of individual lot development the rock outcroppings could be carefully evaluated for preservation; and language from the applicant should be added to the Conditional Use Permit.

There was some additional discussion about adding a condition to the CC&R’s which the city has a right to enforce but not the obligation, however Molly Dillon replied that they do not have the authority to impose additional conditions on an already existing CC&R; the commission agreed the spirit of what they are trying to accomplish is addressed in Title 17 but will add the condition of rock outcroppings to the Hillside Development Permit.

Commissioner Faber asked if they can cover the issue of maintenance of sloping as a condition.

There was additional discussion between Engineering staff, Larry Lackie and the commission regarding maintaining the slopes with the final result being that the property owner was ultimately responsible.

Commissioner Faber made a motion and Commissioner Duggan seconded to approve Resolution 11586: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE SKYFARM UNIT 3 PROJECT LOCATED AT 3925 SAINT ANDREWS DRIVE, ASSESSOR’S PARCEL NUMBERS 173-760-038 AND 173-760-039 – FILE NUMBER MJP05-035

The motion carried with the following vote:

AYES:

(4)

(Cisco, Duggan, Faber, Stanley)

NOES:

(1)

(Banuelos)

ABSTENTIONS:

(1)

(Poulsen)

ABSENT:

(1)

(Byrd)

Commissioner Faber made a motion and Commissioner Duggan seconded to approve Resolution 11587: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL USE PERMIT FOR SKYFARM UNIT 3, LOCATED AT 3925 SAINT ANDREWS DRIVE – FILE NUMBER CUP05-107 

The motion carried with the following vote:

AYES:

(4)

(Cisco, Duggan, Faber, Stanley)

NOES:

(1)

(Banuelos)

ABSTENTIONS:

(1)

(Poulsen)

ABSENT:

(1)

(Byrd)

Commissioner Faber made a motion and Commissioner Duggan seconded to approve (with added condition as discussed) Resolution 11588: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR SKYFARM UNIT 3 LOCATED AT 3925 SAINT ANDREWS DRIVE, ASSESSOR’S PARCEL NUMBERS 173-760-038 AND 173-760-039 – FILE NUMBER HDP05-056

The motion carried with the following vote:

AYES:

(4 )

(Cisco, Duggan, Faber, Stanley)

NOES:

(1)

(Banuelos)

ABSTENTIONS:

(1)

(Poulsen)

ABSENT:

(1)

(Byrd)

Commissioner Faber made a motion and Commissioner Duggan seconded to approve Resolution 11589: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING THE SKYFARM UNIT 3 TENTATIVE MAP LOCATED AT 3925 SAINT ANDREWS DRIVE – FILE NUMBER MAJ05-021 

The motion carried with the following vote:

AYES:

(4)

(Cisco, Duggan, Faber, Stanley)

NOES:

(1)

(Banuelos)

ABSTENTIONS:

(1)

(Poulsen)

ABSENT:

(1)

(Byrd)

Break

11.

PUBLIC HEARING –  ZONING CODE TEXT AMENDMENT – Zoning Code Text Amendments to amend Zoning Code Sections 20-36 and 20-70 requirements for bicycle parking – File Number REZ11-002

City Planner, Erin Morris presented the staff report.

Public Hearing:

No speakers

Public Hearing Closed

Commissioners discussion ensued:

Commissioner Stanley – stated it is possible to become complicated and wants it to be something usable; would suggest being a little more proactive; feels it needs more attention and more thought.

Commissioner Bañuelos – would like to move forward but respects other commissioners opinions if they feel more work needs to be done.

Commissioner Duggan – also has some reservation but would like to see it go forward with diagrams and dimensional drawings; would also like to address bikes with trailers and how some of the numbers are calculated; likes the document but it feels it could use refining.

Commissioner Poulsen – would like to see how it is compared to what we have today; would like to see input from the business and development community; would prefer to remove barriers rather than put up barriers for businesses or bringing building into the city.

Commissioner Faber – also leans toward Commissioner Stanley’s comments; feels it should be clear and being more detailed as to what is expected would be more helpful for the development community.

Chair Cisco – doesn’t want to hinder the economic plans that are put in motion but respects Commissioner Stanley’s comments and proposes a subcommittee be formed to go over with staff for some of the language proposals.

Clare Hartman stated that it was with direction from the Council a very specific scope of work, and with limited budget and staff to have an outreach effort and to the Bicycle and Pedestrian Board and the Planning Commission to seek their recommendation and forward their comments to the Council so they can consider if they should dedicate more resources or act on what’s proposed; and suggests acting on the proposal with specific direction whether if it’s for forming a subcommittee it would be a legitimate comment to forward on to them.

Commissioner Stanley stated it is not quite complete; feels there should be more to it.

Chuck Regalia suggested they move forward and perhaps as time permits later look at specific issues; he further stated that there are no staff resources for a subcommittee at this time and recommends to send up to council and try it and see how it goes; doesn’t feel now is the time to take it to the next level of detail.

Commissioner Stanley concurred that it would be best to have it now rather than not have it.

Clare stated that they could forward their interest of forming a subcommittee.

Commissioner Duggan made a motion and Commissioner Stanley seconded to approve Resolution 11590: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING CODE AMENDMENT TO AMEND SECTIONS 20-70.02 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) AND 20-36 (PARKING AND LOADING STANDARDS) CONSISTENT WITH THE BICYCLE AND PEDESTRIAN MASTER PLAN – FILE NUMBER REZ11-002

The motion carried with the following vote:

AYES:

(6)

(Bañuelos, Cisco, Duggan, Faber, Poulsen Stanley)

NOES:

(0)

ABSTENTIONS:

(0)

ABSENT:

(1)

(Byrd)

12.

PUBLIC HEARING – APPEAL – STONE PINE TREE REMOVAL – 221 WESTGATE CIRCLE – Appeal of Director decision to approve a tree removal application to remove three Italian Stone Pine trees located within the common area of Valle Vista Mobile home Park, specifically located between 2 Westgate Circle and 173 Brittain Lane – File Number TR11-034 

Ex-Parte Disclosures:

All visited the site. 

City Planner, Clare Hartman presented the staff report. 

Appellant, Vonn Sawatzky gave a presentation. 

Applicant from Valle Vista, John Lindale, gave a presentation.

7:36:06 PM Stanley asked the applicant when the trees were planted.

Public Hearing:

• Della McKamey, 2 Westgate Circle, closest neighbor to trees – feels that replacement trees will be safer.

7:40:05 PM Public Hearing Closed

Commissioners discussion ensued:

Commissioner Poulsen – feels there is a good argument on both sides and perhaps getting more information from the expert on Stone Pines would have been helpful; bottom line is though that he believes in property rights.

Commissioner Duggan – also feels torn; the property owner has the right to remove their trees and feels they have done their due diligence; is leaning toward supporting staff decision to allow the removal.

Commissioner Faber – stated that these trees grow with a lean and that there seems to be a lack of pruning and maintenance; supports keeping the trees.

Commissioner Bañuelos – appreciates the appellants care and time taken to try to preserve the trees but also respects the parks concerns about liability and safety of neighbors; is not sure and wonders if it is just a manner of pruning; undecided.

Commissioner Stanley – the issue he has is that they are on private property and that the park has done their due diligence and have done what they are supposed to do; he also stated they are replanting; will uphold the staff decision to remove the trees.

Chair Cisco – stated that good arguments have been made on both sides but also is in favor with the parks rights and feels they have done their due diligence and wouldn’t feel good about keeping them and then have something happen; is inclined to uphold staff’s decision.

Commissioner Poulsen stated he will support property rights.

Commissioner Stanley made a motion and Commissioner Poulsen seconded to approve Resolution 11591: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA DENYING THE APPEAL AND APPROVING A TREE REMOVAL PERMIT FOR THREE (3) ITALIAN STONE PINE TREES LOCATED WITHIN THE COMMON AREA OF VALLE VISTA MOBILE HOME SUBDIVISION AT 221 WESTGATE CIRCLE – FILE NUMBER TR11-034 

The motion carried with the following vote:

AYES:

(5)

(Bañuelos, Cisco, Duggan, Poulsen, Stanley)

NOES:

(1)

(Faber)

ABSTENTIONS:

(0)

ABSENT:

(1)

(Byrd )

13.

ADJOURNMENT

Chair Cisco adjourned the meeting at 7:51 p.m. to the regular Planning Commission Meeting to be held at 4:00 p.m. in the City Council Chamber at Santa Rosa City Hall on Thursday, September 8, 2011.

PREPARED BY:

Anette Niewald, Recording Secretary

ATTEST:

APPROVED:

Chuck Regalia, Executive Secretary

Patti Cisco, Chair