City of San Juan Bautista

Planning Commission

Special Meeting

Tuesday, February 12, 2008

Minutes

 

  1. Call to Order: The meeting was called to order at 7:22 p.m., by Chairman Reuben Garza.

 

A.        Pledge of Allegiance: The Pledge of Allegiance was led by Wanda Guibert at the opening of the preceding Historical Resources Board meeting.   

B.         Roll Call: Present: Jeff Bagley, Dan McMath, Reuben Garcia, Wanda Guibert, and Erika Spencer.

 

  1. Public Comment on Items Not on the Agenda: Local resident Georganne Gularte stated that she did not receive the agenda for this Planning Commission meeting via email. 

 

Local resident Jolene Cosio stated that she is no longer receiving agendas via email for the Planning Commission meetings.  A comment was made regarding an oversight that occurred.  Ms. Cosio  also stated that she believes that too much of the City’s resources and staff time is being spent on projects and issues outside of the City, which should be handled by County administrative services. A comment was made that the issues involve areas in the City’s Sphere of Influence.

 

  1. Consent Items: Upon motion made by Commissioner McMath, seconded by Commissioner Bagley, and carried, the Planning Commission approved the following consent items:

           

            A.        Affidavit of Posting Agenda

            B.         Minutes of January 8, 2007 Planning Commission Meeting

 

  1. Public Hearing

 

            A.        415 Seventh Street Design Review Permit: City Planner Sundt stated that on December 5, 2006, the Planning Commission approved a design review, variance and lot line adjustment for 415 Seventh Street.  At that time, the applicant proposed to build four structures on each of the four lots.  Subsequent to the December 2006 approvals, the applicant decided, based on current and projected market conditions, to withdraw the approved plans and submit new plans for construction of one unit on Lot 2 only and that construction of the

                        other dwellings will occur as the market warrants.

 

City Planner Sundt read a report stating that the City Engineer has determined that because the subject parcel (Lot 2) is sloped and the rear two lots have steeper slopes that it is necessary for the applicant to provide to the City Engineer detailed information about the characteristics of the proposed driveway so as to allow an assessment to determine if the driveway slope and other characteristics will be adequate to serve the two rear parcels.  The following information is necessary:  width of driveway, subgrade characteristics, and proposed slope of driveway between the two front lots and the slope of driveway on the two rear parcels.  With this information the City Engineer will be able to determine if the driveway is adequately permeable, is adequately sloped in order to safely and practically service the two rear lots, and how the driveway will correlate with future residences on the two rear parcels.  The applicant is now requesting a variance from city code that requires a driveway.  Staff is adamantly opposed to there not being a driveway because without a driveway there would be no access to the carport. 

 

With regard to grading, City Planner Sundt reported that the previously approved plans (December 2006) included a grading plan that showed substantial cut and fill.  Though the current plans indicate a residence that is half the size of the previously approved home on this lot, the subject parcel is sloped and so it is anticipated by the City Engineer  that some grading will be necessary to accommodate the proposed residence, thus resulting in cut and fill.  The applicant has stated in his application that no cut and fill is required for the proposed residence or driveway, but there is no plan for the rear lots so it is not reasonable for City staff to concur with this.  As the two rear lots (not proposed for construction at this time) are on sloped it is reasonable to anticipate that cut and fill will occur.

 

City Planner Sundt spoke about drainage requirements for maximized  pervious surfaces be maximized on the four lots to prevent large volumes of water washing down the slope in rainy seasons. He also noted that, per SJB Municipal Code, all new utilities are required to be placed underground.

 

            During his report, the City Planner reviewed the conditions submitted by City Staff for the project, which include(but are not limited to:)  an indemnification agreement; expiration of the approved permit one year from the date of approval and responsibility  of the applicant to know and understand in its

            entirety SJB Municipal Code Section 11.17; plans detailing the driveway dimensions and location to serve all for lots; a grading plan detailing the cut and fill on each lot associated with each residence and driveway; and  a utility plan for service to all four parcels.

 

The City Planner reviewed the statutory conditions upon which a variance may be granted to the applicant developer.

 

            The Council recognized Mr. Tod DuBois who spoke about his opposition of some of the City’s requirements based upon various factors, the primary one being that his request concerns rebuilding of a previously existing residential unit and not development of the additional three parcels. He reviewed, item by item, each condition he objected to with his rationale.

 

            During discussion and consideration of the Planning Commission, the City Planner agreed to make several modifications on various conditions, such as waiving the underground utilities requirement for the one residential home.

 

A public hearing was opened to receive comments on the matter. Ms. Jolene Cosio stated that she owns a property on Seventh and Polk Streets and was not notified of this public hearing. The City Manager explained that the City has access only to the County Assessor’s data with regard to property owners, which has up to a 50% error rate and is not as accurate as the County Tax Collector’s data. 

 

Ms. Cosio stated that Mr. DuBois is a nice person and his action to tear down the previous structure on the Seventh Street property eliminated a source of blight in the City,  but Mr. DuBois must follow the rules that apply to everyone else who is applying to rebuild in the City.                          

 

Upon motion made by Commissioner McMath, seconded by Commissioner Bagley, and unanimously carried, the Planning Commission approved the 415 Seventh Street design permit requirements as recommended by City Staff.

 

  1. Discussion Items

           

A.        SJB Urban Design Charette: The City Manager and the City Planner

            reviewed the development process for the City’s Urban Design Charette, and

            noted that interesting proposals were designed for Third Street and several side

            streets, as well as a proposal for the closure of a section of Mariposa Street,

            between Second and Third Streets, to vehicle traffic, with creation of a walkway

            to the Mission. Also proposed: plaques on historical buildings and

            embedded in sidewalks; modification of fences in front of empty parcels on

            Third Street; possible closure of the intersection at Third and Mukelemi Streets

            and placement of a visitor kiosk containing general info about the City;

            beautification of the City’s entrances; a seasonal, outdoor movie theater on the

            wall of the Golden Wheel building.

           

            It was noted by Commissioners that the SJB Urban Design Charette is published

            on the City’s website and available in printed copies at City Hall.

 

  1. Comments

 

A.        Planning Commissioner: None.

 

B.         City Manager: City Manager Jan McClintock responded to an inquiry about

            the condition of a property at First and Monterey Streets, by stating that the

            City’s code enforcement process is addressing the situation. She also responded

            to a question regarding “Safe Routes to School,” and stated that when schools

            are built, it becomes an unfunded responsibility of the City or other local area to

            provide a safe route for students to walk to school. The City Manager reported

            that the City is applying for grant funds for “Safe Routes to School.” She also

            noted that eligibility to receive the vast majority of grant funds is based upon a

            certified Housing Element, which SJB does not have at this time.

 

C.  City Planner:

 

            1)         CLG Grant re National Register Historic Landmark District

                        Nomination: City Planner Sundt stated that a report was submitted to

                        the State Office of Historical Preservation.

 

2)                  Eleven Most Endangered Historic Properties Grant Application:

                        City Planner Sundt stated that the City has not yet received a response to

                        its application.

 

                        Community member Tony Boch stated that he was informed that the

                        State’s building inspectors condemned several downtown buildings, and

                        asked if there is a public safety liability issue.

 

The City Manager stated that the State building inspectors were responding to complaints, but were not given access to the buildings and could not complete a full analysis of their condition; therefore, the buildings were not officially condemned.  She further stated that City Code Enforcement sent notices regarding public health and safety concerns to owners of the properties. Mr. Boch asked if the owners of these historical buildings could be eligible for grant monies. The City Manager explained that there could be grant funding eligibility up to $700,000; however, because the City does not have a voter approved Housing Element, the properties are not eligible.

 

  1. Adjourn: Upon motion made by Chairman Garza, seconded by Commissioner McMath, and unanimously carried, the meeting was adjourned at 9:04 p.m.