HomeMy WebLinkAboutMin 11-29-95 CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Adjourned Meeting
Joint City Council/Planning Commission Meeting
November 29, 1995
6:00 p.m.
The City Council and the Planning Commission convened in a regular
adjourned meeting, of which the agenda was legally posted at 6:01
p.m. in the Council Chambers of the Civic Center. The meeting was
called to order by Mayor Schneiter. Roll was taken with the
following Councilmembers present: Mastin, Malone, and Mayor
Schneiter. Planning Commissioners present: Baker, Larson, Pruden,
Smith and Chairman Ashiku. Staff present: City Manager Horsley,
City Attorney Rapport, Asst. to City Manager Harris, City Engineer
Kennedy, Planning Director Sawyer, Senior Planner Stump, Associate
Planner Lohse, Administrative Secretary Giuntoli and Recording
Secretary Harris.
Councilmember James Wattenburger arrived at 6:05 p.m. and
Councilmember Richard Shoemaker arrived at 7:40 p.m.
COMMENTS FROM THE AUDIENCE ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter advised they should proceed through the agenda in
the order given, noting this meeting is scheduled to end at 8:00
p.m. He requested that the person whose name is given with each
agenda item lead the discussion.
NEW BUSINESS
I. PLANNING COMMISSION PURVIEW, PROTOCOL AND PROGRAMS
A. Commission,s role in redevelopment agency projects - Discuss
possible ways in which the Commission might become more involved in
the review of redevelopment agency projects. (Commissioner Pruden)
Councilmembers and Planning Commissioners discussed the review
process for land use issue and design review matters pertaining to
Redevelopment projects.
The City Attorney advised details pertaining to Redevelopment law.
B. Demeanor with applicants - Discuss the appropriate limits of
questions asked of applicants during decision-making hearings, and
consider that questions unrelated to planning or project review
should not be asked of applicants or audience members. (Councilman
Malone)
Councilmember Malone offered his advice to Planning Commissioners
as to his perspectives, regarding conduct with applicants and City
staff.
C. Meeting attendance requirements - Discuss the need for regular
attendance by Commission members so as to ensure the presence of a
quorum, and, more importantly, so as to ensure the diversity of
ideas and dialogue in conducting Planning Commission business.
(Councilman Shoemaker)
Mayor Schneiter reported for Councilmember Shoemaker in his
absence, of his concern for attendance of the Commission,
especially after going from a seven to a five member Commission. He
feels every effort should be made by Commissioners to attend.
Councilmember Malone advised discussion of this topic later in the
meeting. He stated we already have the provision for two or three
meetings with unexcused absences. He commented if there
continuously going to be only a three member Commission, he
suggested they have to go back and revisit the notion of having a
larger Commission.
337
Reg. Adj. Mtg.
November 29, 1995
Page 1
The City Attorney advised under the general heading of Commissions,
particularly Planning, it talks about the number of absences
allowed and that the Council has to notify the Commissioner, there
is a process for it.
Commissioner Pruden stated the Planning Commission has only had a
three member Commission twice in almost six months.
D. Proactive Planning Programs - Discuss ways in which the Planning
Commission might involve proactive planning programs and issues in
its meeting business, so as not to focus solely on project review
and reactive planning. (Mayor Schneiter)
Mayor Schneiter and Councilmember Malone offered their advice to
the Planning Commission on how to handle difficult issues, as they
have served on the Planning Commission. Discussion ensued regarding
proactive planning.
The Planning Director stated Staff already has four or five policy
guidelines or ordinances ready to come to the Commission once they
have the final document. Staff has already been working on the
priority of the general plan in terms of bringing something forward
to the Commission for their review.
E. Implementing the new General Plan - Discuss a strategy for
implementing the new General Plan, including priorities of programs
contained in the Plan. (Commissioner Pruden)
The Planning Director reported staff's proposed strategy is take
the pool of short term planning programs and develop a
prioritization list in respect to their resources. This will
address deficiencies in the current code and the current General
Plan, which is coming to the Planning Commission very shortly.
Councilmember Mastin suggested the possibility of a joint City
Council/Planning Commission workshop to cut down on the length of
time it's going to take to get this approved.
II. HOUSING AND DEVELOPMENT CONSTRAINT ISSUES
A. "Conditions of Approval" and affordable housing - Consider that
the imposition of project enhancements through "Conditions of
Approval" by decision-makers increases the cost of housing, and
discuss ways to minimize this financial impact on developers of
affordable housing. (Commissioner Baker)
Commissioner Baker expressed her concerns and personal perspectives
regarding the Planning Commission process of conditioning projects,
which impacts the applicants and housing supply.
Discussion ensued regarding Councilmembers and Planning
Commissioners perspectives on how to review projects in a
professional manner with City staff, who has the Planning
expertise.
B. Low and moderate income housing - Discuss ways to reduce the
"up front" costs of affordable housing as a way of enticing or
encouraging developers to build affordable housing. (Chairman
Ashiku)
Chairman Ashiku waived Item B. because discussion of Item A.
covered this issue as well.
C. Imposition of off-site improvements - Discuss the limits of
imposing off-site improvements as "conditions of approval" on
projects. (Councilman Shoemaker)
Councilmember Malone noted this agenda item was part of the same
discussion currently taking place and asked if perhaps the City
Attorney could also explain the concept of rational nexus.
The City Attorney offered advice on the legal requirements for the
review of projects, noting rational nexus has to be proportional
to the amount of need the particular project.
339
Reg. Adj. Mtg.
November 29, 1995
Page 2
34O
D. Mixing housing with industrial parks - Discuss the topic of
mixing residential uses amidst industrial uses, as recently
proposed by the Planning Commission in relation to amending the AIP
Planned Development Ordinance. (Mayor Schneiter)
Mayor Schneiter stated his concerns regarding having residential in
a commercial business park and the Planning Commission scope of
review and policy regarding this area. Discussion ensued regarding
individual perspectives regarding this issue.
III. CODE AMENDMENT PROPOSALS
A. Outdoor display of merchandise on public sidewalks - Consider
amending the municipal code to permit the use of public sidewalks
for the display of merchandise by store owners. Currently this
practice is not allowed pursuant to §6230 of the Ukiah Municipal
Code "Police Regulations". (Chairman Ashiku)
Discussion ensued regarding side walk signs in the downtown area,
government code provisions, public liability issues and a recent
planning matter surrounding this matter.
B. Use Permit limitations - Consider initiating a review of the
various zoning district provisions to narrow the variety of uses
currently permitted by approval of a Use Permit. (Commissioner
Larson)
Discussion ensued regarding the Use Permit process, zoning
amendments, conditional uses, code regulation requirements,
residential zoning, industrial zoning, commercial zoning, and a
possible flexible conditional use permit process.
The City Attorney provided legal advice to the Planning Commission
surrounding different theoretical scenarios of planning issues.
IV. PROJECT PROCESSING ISSUES
A. Planning permit fees - Discuss the need to raise planning permit
fees in order to recoup the costs associated with planning permit
processing. (Chairman Ashiku)
Mayor Schneiter explained he and Chairman Ashiku have discussed the
planning permit fees. He explained at budget time, Staff had
reported they were in the process of reconstructing all the
applications and fees, etc, which addresses this agenda item. He
noted the appropriate public hearings will be held after the
Planning Commission has done their work to adopt certain fees.
B. Appeals of Planning Commission decisions to Council - Consider
amending the appeal fee schedule, which is currently $0, as well as
establishing criteria for receiving and accepting appeals, in order
to discourage frivolous appeals. (Commissioner Pruden)
Commissioner Pruden expressed her concern that appeals are taking
a tremendous amount of City staff time and is a costly process of
which the City does not recover any costs. She expressed her desire
to see an appeal fee implemented by.
Discussion ensued regarding fee structuring and possible solutions.
Mayor Schneiter noted he has not seen any frivolous appeals at the
Council level.
ADJOURNMENT
There being no further business, the/~eeting was adjourned at 8:04
/ !,, /
CCMIN.214 CaffhY~ iK~y, City Clerk, as recorded
by Melo¢ y HarriS, Recording Secretary
Reg. Adj. Mtg.
November 29, 1995
Page 3