CITY of SAN JUAN BAUTISTA

Planning Commission Meeting

Minutes

January 2, 2007

 

Vice Chair Garza called the meeting to order at 7:05 pm, by inviting all present to join in the pledge of allegiance to the flag.

 

Commissioners present:      Vice Chair Garza, Commissioner Bagley, Commissioner Cosio, Commissioner Spencer

 

Commissioners late:            Commissioner Ostrowski, who arrived and was seated                                                  on the dais at 7:42 p.m.

 

Staff present:                         City Manager (CM) McClintock; City Planner (CP) Sundt, and Minutes Clerk Johnson

 

Note: the City Attorney was referenced several times during the meeting; this will be found as CA Thatcher within the minutes.

 

OPPORTUNITY FOR PUBLIC COMMENT:

 

Vice Chair Garza opened the public hearing for items not appearing on the agenda. Noting that no persons were present to address this agenda item, the public hearing was closed. 

 

COMMISSION BUSINESS:

 

Vice Chair Garza:

  • welcomed the new Commissioners and congratulated Commissioner Spencer on reappointment 
  • announced that due to posting requirements, the offices of Chair and Vice Chair will be decided at the next meeting
  • noted that Consent Agenda Item 3C (minutes of the December 5, 2006 meeting) would be considered at the next meeting

 

CONSENT AGENDA:

 

A.       Affidavit of Posting Hearing Notice

B.       Affidavit of posting January 2, 2007 agenda

 

COMMISSIONER SPENCER MOTIONED TO APPROVE THE CONSENT AGENDA, AS MODIFIED. COMMISSIONER BAGLEY SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER  SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: COMMISSIONER  OSTROWSKI. 

 

PUBLIC HEARING ITEMS ~ REQUIRING COMMISSION ACTION

 

Commissioner Bagley was excused for the next agenda item due to the potential for conflict of interest; he is the City’s Code Enforcement Officer.

 

A.       HISTORIC DESIGN REVIEW PERMIT – 303/307 THIRD STREET RENOVATION

 

CP Sundt gave the staff report, providing an overview of these buildings in the historic district which are in need of major renovation and repair to the external walls. As he explained the report, CP Sundt spoke of the issues with 307 Third St.: the balcony which has suffered damage from uncontrolled water flow, necessitating extensive prepping, sanding, and painting. He said the water damage has caused the paint to be loosened and removed to areas of the sandstone exterior. While many areas of the building’s paint are still viable, ‘spot removal’ with subsequent repainting will be necessary, CP Sundt said, while stressing the importance of using the correct type of paint for the sandstone.

 

Turning to 303 Third St. CP Sundt noted this is a smaller building where sanding and priming is required to the stone facade and where it will also be treated with uniform color. CP Sundt explained that the applicant has had some difficulty in obtaining the paint for matching but has recently found a color that will be acceptable for 307 (Chatham Green by Glidden Paints) which is similar to what is there now. It is anticipated that similar paint for the wood railings – as now – will be applied.

 

CP Sundt reminded that the Secretary of the Interior has guidelines for such renovation reviewed by staff stone to perspire easily masonry point any motor that needs application, there is a project: historic motor expands/contract more readily

 

Vice Chair Garza posed the question of the process of paint removal. CP Sundt explained that some of the wood must be taken out because of dry rot elements. CP Sundt said that the actual process is to use ‘stone hand tools’ which are hand scrappers designed to not remove all the paint from the structure but will only remove the areas where paint buckling is occurring. “When we can see peeling, first, there needs to be an investigation as to what is the cause. With old walls where it becomes apparent there is need to remove moisture, it may be found during the renovation that runoff from adjacent roofs and that may necessitate a longer process,” CP Sundt said. He also noted the applicant is interested in considering a different color scheme for 303.

 

Owner Mary Lopez was present and spoke to the color schemes for the buildings. “I’m thinking the colors should be in line with the previous selection of yellow; somewhat subdued; for the Cutting Horse Restaurant. As to the other building, the color schemes in place now are complementary. I want variety, but not that great,” Ms. Lopez declared. She went on to explain that she had contacted a paint expert in San Jose with 25 years experience, and who has assured her he would visit San Juan Bautista this Friday (January 5, 2007). Ms. Lopez explained that the others with whom she has spoken have concerns with dealing with sandstone.  However, this expert has talked about sealing the paint areas, but will make definite recommendations at the Friday morning meeting. CP Sundt indicated interest in attending the meeting, as well.

 

Vice Chair Garza called attention to the balcony where leakage is causing problems. Ms. Lopez responded that was due to wind currents in a non-protected area. “The areas that are protected become very vulnerable with the wind blowing rain onto the balcony,” Ms. Lopez explained. “We think this may continue posting a problem, but we will periodically use a sealer on the area.”

 

Vice Chair Garza opened the public comment period.

 

Cara Vonk, Chair of HRB, noted this matter had received the attention of Board members in looking at colors with one suggestion offered: the two buildings should be painted different colors. This was based, Ms. Vonk said; on historic data that these are two separate buildings.

 

CP Sundt agreed this discussion/recommendation had taken place and said it was determined that the matter would be returned to the HRB in February as the colors were ‘still up in the air’.

 

Ms. Vonk continued, stating it is clear that the condition of the sandstone, a soft porous stone, is fragile and the paint removal must be carefully done to avoid scraping. Furthermore, she said, the downspout near the base of the building has caused erosion of the sandstone near the sidewalk, and should be looked at very carefully.

 

Ms. Vonk called attention to a worthwhile book; The Preservation of Historic Architecture (U.S. Interior Department: (2004) ISBN 1592281265), which contains sections on wood and masonry.

 

In response to Vice Chair Garza’s query what can be done with the downspout, discussion ensued. Whereupon, CP Sundt assured he would attempt to get suggestions from Ms. Lopez’s expert. CM McClintock commented the most effective method would be to divert water away from the base, but that would require cutting the sidewalk which would be ‘difficult’. “It has been cut for other things,” she noted.

 

Ms. Vonk suggested directing the downspout to another area. CM McClintock clarified that the trouble spot is ‘not down the peak but from the roof next to the Cutting Horse’ and therefore, cannot be sloped away.

 

With no others present to address the matter, the public hearing was closed.

 

CP Sundt advised that a determination for resolution - with conditions – was amenable but application would still need to be heard at the February meeting of the Planning Commission for decision of the colors.

 

Discussion ensued among the Commissioners: 

°         Commissioner Spencer stated cutting the sidewalk would be acceptable if the elements are damaging the structure. Sandstone is really soft and preserving the structure is more important than the sidewalk.

°         Commissioner Cosio asked about the gutters. CP Sundt clarified how the water flows from an adjacent building.  He expressed thinking that it may be possible to realign the gutter. “However, the area may not have enough space for drainage. Another alternative,” he said, “would be to relocate the downspout but that would change the façade of that building.”

 

CM McClintock cautioned that the City may not be able to force the applicant to cut the sidewalk.  

 

Discussion followed regarding the possible design for the downspout. CP Sundt stressed prudence when looking at and accessing the problem.

 

Vice Chair Garza spoke on the need for having the matter returned for the next meeting. “We need to preserve this important structure,” he declared.

 

Vice Chair Garza called attention to Condition 4 of the proposed Resolution for next month and suggested adding Condition 5: mitigate water damage from downspout storm water flow.

 

COMMISSIONER SPENCER OFFERED  RESOLUTION NO 2007-01 (PC), APPROVING A HISTORIC DESIGN REVIEW FOR RENOVATION OF THE EXTERIOR(S) OF 303 AND 307 THIRD STREET, INCLUSIVE OF THE FINDINGS AND CONDITIONS CONTAINED THEREIN, AND WITH THE ADDITION OF CONDITION 5: REGARDING THE DOWNSPOUT/STORM WATER FLOW ISSUE. COMMISSIONER COSIO PROVIDED THE SECOND TO THE MOTION, WHICH PASSED (3-0-0-2) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: COMMISSIONER BAGLEY, COMMISSIONER OSTROWSKI.

 

Commissioner Bagley rejoined the meeting at 7:36 p.m.

 

B.    TITLE 10 - BUILDINGS AND SUBDIVISIONS (ADD ARTICLE 14 – MERGER OF SUBSTANDARD LOTS)

 

CP Sundt presented an overview, noting that CA Thatcher has been working on the Ordinance and Resolution since the Commission meeting where the issue of merging substandard sized lots surfaced. At that meeting, City staff was told to move forward with a lot merger Ordinance.  

 

Commissioner Ostrowski arrived and was seated on the dais at 7:42 p.m.

 

CM McClintock provided information regarding timelines for enactment of an ordinance noting that, based on action at this meeting, a hearing could be set for March 20, 2007.

 

Commissioner Cosio asked about the number of lots within the City that are substandard. She also requested clarification of the sizes of those lots; whether they are 5,000 sq ft, and not the minimum 7,000 sq ft. CP Sundt indicated that the City has not undertaken a full analysis yet of the number or size of lots that are substandard .  “There are several as we look under Highway 156 (Seventh Street),” CP Sundt said. CP Sundt further explained there are ‘paper lots’ established in the 1950s which are still legal lots of record. 

 

CM McClintock noticed that CA Thatcher had modeled this draft ordinance after the Monterey ordinance. She also announced that this matter had been brought to the forefront when the Commissioners heard the Seventh Street request at a prior meeting, when the applicant said that over 10% of the City’s lots were of substandard size.

 

Commissioner Cosio inquired as to the determination of 5,000 sq ft. CM McClintock clarified that City staff arrived at the 5,000 sq ft number as many of the substandard lots are between 5,000 and 6,000 sq ft’. CM McClintock reminded, “The configuration of the historic area decides many important issues in the City – and this is one of them.”

 

Commissioner Ostrowski commented that for making the larger lots, the ‘old (existing) lots’ are set but we may run into problems again as he cited the criteria for Community Standards where the Commission ran ‘afoul’ previously.

 

Vice Chair Garza opened the public hearing.

 

Cara Vonk advised that HRB member Rebecca McGovern, who was unable to make the meeting, had requested Ms. Vonk convey the message that 25 years ago, the City’s Mayor had worked to have all the substandard lots merged through official action.

 

Tony Boch stated that he did not know how the documents got lost, but about 25 years ago when he was on the Planning Commission the City’s substandard lots had been merged. He recalled for the Commissioners that he had brought that same item up at the Seventh Street hearing.  Mr. Boch asked for clarification whether a 15,000 sq ft property would be cut into two or three lots. CM McClintock advised that this ordinance will pertain only to lots on which Planning action is requested. “What this will do is create an Ordinance as part of the City code, so the action will not be lost. We were caught by surprise with the Seventh Street request.” She stressed that the Ordinance will not provide for divisions, just mergers.

 

Genio Bonifaeino told the Commissioners he owns the property at Sixth and Pope. Mr. Bonifaeino asks if there would be any impact on these existing lots, which he insisted were not substandard but part of a legal subdivision: Ramona Heights. He noted that these were lots made smaller by the freeway construction. Mr. Bonifaeino was adamant that these are buildable lots and not substandard.

 

Staff and the Commissioners discussed with Mr. Bonifaeino:

Ø      any lot under 5,000 sq ft would be merged under the Ordinance at the time of Planning action request by the owner

Ø      all lots are 4800 sq ft {40  125 sq ft} in the Ramona Heights subdivision

Ø      the Planning Commission had determined that 5,000 sq ft would be the minimum

 

CP Sundt emphasized the intent was not to provide limits on Mr. Bonifaeino’s property and assured that City staff would clarify with CA Thatcher the methodology for correction of the oversight. “Our concern is that the Highway 156 right-of-way appears to be overlaying some of the substandard lots in that area.”

 

CM McClintock explained the process that this action would ensure: a merger would transpire instead of the applicant asking for a variance to merger the lots of substandard size.

 

Mr. Bonifaeino reminded that the lots in the Ramona Heights subdivision had been ‘grandfathered in’ as buildable lots and, therefore, continue to be legal lots of record.

 

CM McClintock said the matter could be brought back to the Commissioners pending recommendation by CA Thatcher.

 

Commissioner Cosio asked if in the ordinance, it is clearly stated: if a house is on a lot, there is no effect on that property of having it merged into another lot.

 

CM McClintock read from Section B-2: grandfathering in with legal access is the key, noting she will verify that with the City Attorney.

 

Commissioner Ostrowski commented the proposed ordinance sounds good. “We just need to assure Mr. Bonifaeino that his legal lots will not be merged.”

 

CM McClintock pointed out that lots may be merged with required findings made before the merger.

 

Cara Vonk asked for clarification whether under the proposed Ordinance, the {merger} action would be at the request of the applicant or could the City Council do so, on their own volition. {It is with the request of the applicant.}

 

CM McClintock reminded that the Planning Commission makes the recommendation for action, but the City Council has the final authority.

 

Ms. Vonk asked, “Even over the objection of the owner?” CM McClintock explained, “Yes, the courts have tested the action.”

With no others indicating a wish to speak to the matter, the public hearing was closed.

 

COMMISSIONER OSTROWSKI OFFERED RESOLUTION NO. PC 2007-02, RECOMMENDING TO THE SAN JAUN BAUTISTA CITY COUNCIL: ADOPTION OF A SUBSTANDARD LOT MERGER ORDINANCE, AND SETTING THE PUBLIC HEARING FOR THE ORDINANCE AT THE PLANNING COMMISSION MEETING OF FEBRUARY 20, 2007. COMMISSIONER BAGLEY SECONDED THE MOTION WHICH PASSED (5-0-0-0) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER OSTROWSKI, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.

 

C.       TITLE 10 - CHAPTER 10-5.  RESCIND ARTICLE 4 – CONTROL AND REGULATION OF MOVING OF HOUSES

 

CP Sundt reported that the primary reason for this requested action was that the City cannot prevent placement of manufactured homes within the City limits. The action before the Planning Commission, CP Sundt said, will ensure the Municipal Code language will be inclusive of the housing and community development requirements.

 

CM McClintock explained design element guidelines still apply and the Planning Commission must approve certain pre-manufactured parts of buildings. The action before the Commission, she said, states: because the manufacture was completed outside the City, it is not precluded placement within the City.

 

Responding to a question from Commissioner Cosio, CM McClintock said the existing language is within a ‘very old piece of Code’. Commissioner Ostrowski expressed the view that this is cleanup so the City is not in violation of State statue.

 

Vice Chair Garza opened the public hearing.

 

Cara Vonk noticed that a manufactured house was recently built on Fourth Street. 

 

With no others present to address the matter, the public hearing was closed.

 

COMMISSIONER SPENCER MOTIONED TO APPROVE ORDINANCE NO. 2007-01, RESCINDING ARTICLE 4 (CONTROL AND REGULATION OF MOVING OF HOUSES) OF CHAPTER 10-1 (BUILDINGS) OF TITLE 10 (BUILDINGS AND SUBDIVISIONS) OF THE SAN JUAN BAUTISTA MUNICIPAL CODE.  COMMISSIONER COSIO PROVIDED THE SECOND TO THE MOTION, WHICH CARRIED (5-0-0-0) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER OSTROWSKI, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.

 

D.       TITLE 11 - ZONING, AMENDMENTS INCLUDING A NEW LIGHTING ORDINANCE (SECTION 11.12)

 

 

CP Sundt reported this is an effort to craft a Lighting Ordinance which is ‘more understandable and user friendly’. CP Sundt, with the agreement of the Commissioners, began the process of systematically perusing the document. He was specific as to pages and sections, with changes throughout the entire document noted and explained. Several passages were deleted with others modified or added. Frequent explanations and examples were provided. It was noted that following adopting of the Lighting Ordinance, the entire text would be available for viewing on the City website.

 

Turning to the matter of wireless installations, CP Sundt commented this had been removed at the present time. CM McClintock explained that, due to the rules and regulations, telecommunications are an issue which cannot be placed in the Municipal Code.

 

Commissioner Ostrowski asked about fences and walls (page 20; J) which have a height limitation of six feet and said that many in the City exceed that limit.  CM McClintock responded that a building permit is needed for additional heights.

 

CP Sundt called attention to page 25, noting this item deals with preservation and will be retuned to the HRB February 15, then the Planning Commission in March, and to the City Council March 20, with a hearing anticipated for April 17 and the document to become effective May 17, 2007. He explained that Andréa Galvan, City Consultant for the historic inventory update will complete an inspection and update for the City.

 

Considerable discussion ensued regarding signage in the downtown and the historic district, with emphasis on sidewalk sandwich boards (including placement), and motel/

hotel signs. CP Sundt told the Commissioners that the law is specific that access for entrances and sidewalks cannot be blocked by free standing signs or flags or banners. 

 

CM McClintock advised that she had solicited other City’s ordinances and found that the one provided by the City of Fairfield could be used extensively by San Juan Bautista.

 

Commissioner Cosio questioned the Mission’s use of signs, noting that their placement causes distraction at times. CM McClintock pointed to the map of the City limits, with other Commissioners saying the signs were almost exactly on the City limit line, but not quite. Consequently, the City has no control over the matter. 

 

CP Sundt continued, calling attention to:

·        enforcement

·        banners flags {combining for clarity}

·        portable freestanding signs {cannot have if banners/flags present}

·        notice of violation 

·        removal of illegal signs (garage sale/political)  and creation of fiscal penalties

·        modified  definition of ‘lot’

·        permitted uses

·        attachment

 

CP Sundt told the Commissioners that, as there were preparations to address the Lighting Ordinance, he had worked closely with Ms. Vonk. He explained the process of using the San Benito County format based on the standards from the Dark Skies Association. Several facets of crafting the Ordinance were explained:

·        measurements of lumens

·        several County zones {San Juan Bautista has one for the entire City}

·        one zone within the City limits the entire area to 50,000 lumens

·        some adjustments of lumens may be required

·        still need for ‘slight clean up’ for the Lighting Ordinance

 

Commissioner Cosio led discussion regarding low sodium lighting. It was noticed that low sodium globes for the City’s lighting fixtures will be required in the future. Commissioner Cosio raised the issue of increased costs, saying this type of lighting may not be viable. CM McClintock reported the low sodium fixtures will be used for replacements when needed. CM McClintock explained that an analysis will be made to ascertain if a substantial change is needed to the fixtures. CM McClintock stressed the need to start the process as the City considers maintenance. “If we need to change a single bulb, it is likely that the low sodium would not be feasible, but if we need to replace a pole, we will use the low sodium but the base of the pole will look the same,” CM McClintock assured. Responding to questions regarding cost, CM McClintock noted, “The low sodium are not costly and research indicates they last much longer.” CP Sundt agreed, saying, “Low sodium has the lowest energy use.” CM McClintock continued, “The trade off is not too long for the pay back. If and when the bulbs have to be replaced, we plan to put in low sodium which will match the existing fixtures. After the Ordinance goes into effect, we will get low sodium.” CM McClintock further stated, “If we can’t find low sodium for the City fixtures, then we can’t do it, but the first choice is to go to low sodium.”

 

Commissioner Ostrowski expressed concerns of lumens currently in place at:

·        Creek Bridge

·        Earthbound Farms

 

Discussion followed regarding:

°         The county’s ‘dark skies’ Ordinance need small rural city so chose 50 K lumens probably handicapped to city to make more difficult

°         lighting provides the effect of safety/security in more populated areas

 

Commissioner Cosio called attention to section 113.080 holiday lights wherein the Ordinance requires those lights that are on overnight to be on a timer. CM McClintock said the rationale was to conserve energy lights but if the downtown lights are turned off, members of the Chamber will object. One of the attractions of the town during the holidays, she said, is driving through the downtown where the lights are featured. Following discussion, it was determined that the reference to turning off holiday lights at night would be deleted.

 

Commissioner Spencer retuned to the topic of 50,000 lumens per acre and said if low pressure sodium lights were used, and shielded downward, it would make a ‘very big difference’. 

 

Vice Chair Garza opened the public hearing.

 

Cara Vonk, Chair of the HRB, said the membership were in favor of a Lighting Ordinance but had not reviewed the proposed Ordinance. “I think this is better,” Ms. Vonk stated, “to keep it simpler.  Fifty thousand lumens complies with the County ordinance and closer to the requirements at Fremont Peak. I’m glad you are deleting the Christmas light portion – it is not enforceable and makes the City look festive.”

 

Ms. Vonk called attention to some discrepancies in the staff report which CP Sundt will amend.

 

Ms. Vonk said it was very important to let people to know if they will need a permit for installing lighting. She also urged an exemption under section 113.080 for light fixtures which are historic (barn lights, downtown City lights, etc). “Those,” Ms. Vonk said, “may not comply. If the fixtures are not replaceable, the City needs an exemption.”  CM McClintock noted that in most of the fixtures, bulbs can be replaced. Almost all can be dealt with a different bulb in the fixture. A discussion of 113.080(b) followed.  

 

Ms. Vonk asked if residential properties were excluded under section 113.080(a) and CP Sundt explained that residential is not exempted as it reads ‘already in place’. Discussion resulted on the topic of shields needed for porch lights.

 

Vice Chair Garza recalled that the Mission Gardens developer had, as part of the work on a Use Permit, presented information about lumens and light reflection reduction. Ms. Vonk urged shielding for all new construction in the City. She also exhibited a shielded light fixture which could be used for a porch light or as an outside light.

 

Ms. Vonk spent considerable time discussing ‘clean up language’, and stressed that overall it is a ‘very good Ordinance’.

 

Turning to the signage issues, Ms. Vonk objected to the process stating it had not been properly noticed. “I don’t think it has been made clear that this is a completely revised Ordinance regarding signs. This should have gone to the HRB,” Ms. Vonk said, and she asked that it indeed be sent to the HRB. 

 

CM McClintock explained the requirements of the Brown Act in relation to the sign Ordinance. “These are minor changes but the lighting is a whole new section to be added to Title 11 of the Municipal Code. 

 

Commissioner Ostrowski suggested having the sign portion sent to the HRB then retuned to the Planning Commission next month. CM McClintock said the information had been provided by the Main Street Program and the Planning Commission could address the matter. Commissioner Ostrowski spoke on available lighting technology, including solar night lights and lights not requiring shielding, but low to the ground.

 

With no others indicating a wish to speak to the matter, the public hearing was closed.

 

Commissioner discussion:

Commissioner Ostrowski said, “The sign thing has been kicked around so much. I don’t see letting the HRB look at the lighting as a problem.”

Commissioner Cosio agreed, “It would not hurt to have the HRB look at it. As far as lighting, this is a great first effort but the issue is so large, I don’t know if this Ordinance addresses everything.”

Commissioner Spencer suggested that lighting for new construction could be required to shield fixtures and use a 60 watt bulb.

 

Use of motion lights was explored. CM McClintock suggested consideration of set times for on/off. Vice Chair Garza observed the motion lights allow families to feel safe. Commissioner Bagley said it might be hard to enforce set times for the motion lights, such as have a maximum time of 15 minutes. The issue of security companies and the relationship with lighting was deliberated.

 

CP Sundt suggested writing into the Ordinance a section on security lighting with motion sensors for new construction.

 

COMMISSIONER OSTROWSKI MOTIONED TO SEND SECTION 11.13 (SIGNAGE) TO THE HRB THEN APPROVE TITLE 11 (LIGHTING) [ORDINANCE 2007-02] AS MODIFIED DURING DISCUSSION. Commissioner Cosio continued to express concern about the low sodium lighting. CM McClintock noted, “If it does not work, we can provide exemptions.” COMMISSIONER COSIO PROVIDED THE SECOND TO THE MOTION WHICH PASSED (5-0-0-0) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER OSTROWSKI, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.

 

CM McClintock clarified that staff will take the referenced section to the HRB then the item will be returned to the Planning Commission.

 

  1. Title 11 - Large-Scale/Formula Retail Business (Section 11.04.110)

 

CP Sundt and CM McClintock told of sampling of other Cities, which address downtown establishments. CP Sundt spoke on Title 11 of the Municipal Code whereby with the direction from City Council there could be accommodation of certain franchise businesses. Currently as written, the Ordinance prevents formula businesses or franchises. City Council has indicated it would like to have discussion regarding expansion of opportunity.  CP Sundt said that to even invite coffee roasters or small stores in the City is prohibited by the current Ordinance.

 

CM McClintock said in her research, this is the only historic town that precludes formula businesses.  CM McClintock told of the current restrictions and told the Commissioners she provides the City Council with ‘health of business in town which at present there are more going out of business or for sale than are going on’. CM McClintock explained the stats for success with franchises, emphasizing the current proposal would only be applicable if there is an unmet need, where the service or goods are not already available.  “We are not looking at bringing in a McDonalds. This Ordinance addresses the unmet need requirement. However, an individual who has a store in another City but would like to begin that same business in San Juan Bautista, the City Council might want to talk to them, but currently they can’t be ‘courted’ under the current Ordinance,” CM McClintock said. She went on to discuss the existing inns in town and the desire of some to associate with a national chain yet retain local ownership. “This is especially important as many visitors do not know of hotels in town and won’t stay here unless they can make reservations through a national service,” she said.

 

There is no intent to threaten current businesses. Only if there is a demonstrated unmet need, could a business be considered. This most definitely a target for completion to current businesses, but this could support other businesses in town and hopefully would bring tourism and/or new businesses.

 

Vice Chair Garza suggested a coffee roasting company, and all present enthusiastically supported such an idea.

 

CM McClintock told how the Ordinance will maintain relations with current businesses. “This remains a local Ordinance within our design guidelines,” she said, while stressing the required findings of unmet need. CM McClintock asked the Commissioners to keep in mind the 20% structural deficit in the City’s budget. During discussion, CM McClintock listed the possibilities for new business which might be attracted to the town.

 

Vice Chair Garza opened the public hearing.

 

The following spoke in favor of some form of the proposal presented by the City:

 

Jim Gibson, a representative of the Windmill Market urged the Commissioners to approve the modifications as outlined by staff. Mr. Gibson said he thought a Starbucks franchise would be ‘natural’ for the town and would help entice tourists to stay and spend.

 

Jerry Lewis urged the Commissioners to accept and modify the staffs’ recommendation. “We do need a draw in town. I agree that keeping the historic flavor is essential, but we need nuggets to bring in business,” Mr. Lewis said. He spoke at length of Murphy’s California, a town which is thriving in a somewhat isolated location. 

 

Tony Boch said he thinks this action is needed to help revitalize the area. Mr. Boch spoke on former businesses in the town.

 

Cara Vonk was present to advise that she feared the ‘proposal will have major negative impact on local economy ‘. Ms. Vonk stressed that she, and other members of the HRB, continue to believe the importance of emphasizing the cultural experiences available in San Juan Bautista. Ms. Vonk spoke at length of other cities which have ‘lost their identity’ due to having an emphasis on franchised businesses.

 

Commissioner Ostrowski wondered if the businesses in Gilroy might affect the town. Discussion followed, with varying opinions as to this issue.

 

CM McClintock advised that a small mini hardware franchise had expressed interest in locating here, but currently was not allowed to do so.

 

Mr. Boch accentuated: “Something has to happen.”

 

CM McClintock said it one of the big concerns townspeople have is with the food industry as she underscored, there has to be an unmet need, and in cases there may not be justification for an unmet need. She also pointed out that most restaurant chains require certain demographics which may not be applicable in this area. “What we are doing, is providing an opening for an application to ascertain if there is an unmet need. If an owner wants a second store and will be using the same logo and business cards, San Juan Bautista could be a possibility. But today, we can’t consider them. Staff is looking to open options,” CM McClintock explained.  She went on to tell those present of the City’s deficit. “If we do not turn around the finances of the City, that deficit could turn into bankruptcy or we could go into dissolution within three years,” CM McClintock explained. “Currently, we are collecting less sales tax than in 1996. These are very stark realties that must be faced. We must make changes. The question is; where do you want to go? Staff needs to know what you want to do.”

 

With no others present to speak to the matter, the public hearing was closed.

 

Commissioners discussed:

ª     Murphys CA has15,000 new homes which make a difference in spending levels

ª     San Juan Bautista has economic problems a Starbucks may not be able to solve.

ª     Understanding of the need to do something to get the City turned around

ª     need to explore each franchise request on a case by case basis

 

Commissioner Cosio asked who would determine ‘unmet needs’, and CP Sundt explained the process which would be ascertained once a permit application is filed. He also noted the process would not go to the HRB, but the Planning Commission. It was noted that all Planning Commission decisions are appealable to the City Council.

 

Focusing on the wording in the proposed Ordinance, Commissioners directed a modification: residents as there is need to consider businesses, too.

Commissioners agreed that in having visited other cities, there are attractive amenities which catch the attention of visitors, and that creates energy for local businesses. All agreed, too, this is ‘tough – a real challenge’.

 

CM McClintock interjected that staff is looking at other options as well. “We are trying a multifaceted approach, including potential development on the west side of Highway 156, and a combination of other things,” she said. “Most are larger projects, about 3 – 5 years out, and that will help ensure success. But we have to be able to make it through this tunnel to the light so we will be bringing in smaller items as attempts to get over this stretch. It may be a long time before monies begin to flow in,” she indicated.

 

Vice Chair Garza agreed; “We must do something for downtown. The store owners are scraping by. We need to look at the ‘big picture’. If something doesn’t happen, we will not have San Juan. We need to revitalize and bring money back to the city.”

 

Responding to questions, CM McClintock explained that even if the City was forced to cease operations, financial requirements and accountability to the State would remain.

 

Commissioner Spencer clarified that the franchises must abide by the process of conditional use permits, which are heard by the Planning Commissioners.

 

COMMISSIONER SPENCER OFFERED A MOTION APPROVING ORDINANCE 2007-03 [TITLE 11 AMENDMENTS TO INCORPORATE LARGE-SCALE RETAIL BUSINESS DEVELOPMENT, FORMULA RETAIL OR RESTAURANT BUSINESS DEVELOPMENT AND FORMULA VISITOR ACCOMMODATIONS ORDINANCE], INCLUSIVE OF THE CONDITIONAL USE PERMIT REQUIREMENT. COMMISSIONER COSIO SECONDED THE MOTION, WHICH PASSED (4-1-0-0) WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSIONER  SPENCER; NOES: COMMISSIONER  OSTROWSKI who commented, he thought this was the wrong direction to move to save San Juan Bautista ; ABSTAIN: NONE; ABSENT: NONE. 

 

Comments and  Announcements: 

 

Commissioners:

 

Vice Chair Garza advised he had been contacted by a Third Street resident, across from the MacAlpine property, where a dirt bike track had been creating excessive noise about 1:00 p.m. CM McClintock indicated she will discuss the matter with the Sheriff.

 

Vice Chair Garza spoke of two recent incidents of persons tripping on the uneven sidewalks in the historic district, and expressing concern about liability issues. CM McClintock responded that City workers had wanted to put in putty fill but the City had been told not do so and noted that perhaps it was time to consider the matter from a safety prospective. She explained that the sidewalk repairs are not feasible under the current Ordinance, and spoke on the zoning which drives much of the responsibility of the City and the residents. 

 

Commissioner Cosio asked about the drain which appears to have been opened on Mariposa Street. Commissioner Bagley advised Public Works is getting valves fixed and will soon repair the opened drain.

 

City Manager: 

 

CM McClintock reminded that at the next meeting, the Commissioners will select a new Chair and Vice Chair. She also announced that there is now a full City Council, and standing committees have been formed which will be working on particular issues. Councilmembers Edge and Paradice have been chosen to work on Business Development.

 

Adjournment:

 

ACTING ON THE MOTION BY COMMISSIONERS BAGLEY AND  OSTROWSKI FOR ADJOURNMENT AND AS AGREED BY ALL COMMISSIONERS PRESENT – NONE WERE ABSENT, VICE CHAIR GARZA DECLARED THE MEETING COMPLETED, AND ORDERED AJOURNMENT AT 10:17 PM.

 

 

                                                                                    ___________________________

                                                                                      Reuben Garza, Vice Chairman

ATTEST:

 

 

___________________________________

  Trish Paetz, Deputy City Clerk