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HomeMy WebLinkAboutMin 03-29-06 joint planning MINUTES ClTYCOUNCII.JPLANNING COMMISSION JOINT MEETING/PUBLIC WORKSHOP March 29, 2006 CITY COUNCIL MEMBERS PRESENT Doug Crane John McCowen Phil Baldwin OTHERS PRESENT Listed below, Respectively CITY COUNCIL MEMBERS ABSENT Marl Rodin Mayor Ashiku PLANNING COMMISSION MEMBERS PRESENT Ken Anderson Kevin Jennings James Mulheran, Chair Mike Whetzel PLANNING COMMISSION MEMBERS ABSENT Judy Pruden STAFF PRESENT Candace Horsley, City Manager Charley Stump, Planning Director Cathy Elawadly, Recording Secretary The joint meeting of the Ukiah City Council and Ukiah Planning Commission was called to order by Councilmember Baldwin at 5:30 p.m. at the Ukiah Valley Conference Center, 200 School Street, Ukiah, Califomia. Roll was taken for the City Council and the Planning Commission with the results listed above. Councilmember Crane recused himself due to a conflict of interest. It was noted that the publicized joint meeting with the Ukiah City Council and the Ukiah Planning Commission will be conducted as a Planning Commission meeting rather than a Joint Meeting due to a lack of a quorum by City Council. 2. COMMENTS FROM AUDIENCE~ ON NON'AGENDA ITEMS No one from the audience came forward. NEW BUSINESS a. Discussion and Direction - Draft Hillside Zoning Regulations City Planning Director Stump provided a bdef history of the Hillside Zoning Regulations as follows: · Revision of the Hillside Zoning Regulations began in the late 1980s. · The Hillside Zoning Regulations were adopted in 1982. · The 1982 regulations are still in effect. MINUTES OF THE UKIAH CITY COUNCIIJUKIAH PLANNING COMMISSION Page ! March 29, 2006 · Proposed new development in the western hills prompted further view as directed by City Council where a committee was formed in this regard and postponed because the primary focus was to complete the Ukiah General Plan. · The Ukiah General Plan was adopted in 1995. · In the late 1990s, City Council directed further work on the Hillside Zoning Regulations where a series of four public workshops and hearings were conducted with the Planning Commission between 2000 and 2003. · The Planning Commission made a recommendation to the City Council in the summer of 2003 concerning revisions of the Draft Hillside Zoning Regulations. · City Council conducted a public hearing in September 2003, and identified certain topics requiring further research by staff/Planning Commission such as whether to permit or prohibit second units, day care homes and the State preemption, architecture/design elements, number of allowed accessory buildings, required soils/geotechnical information, proposed upper/lower hillside areas, and Helen Avenue parcels. · The Planning Commissioner reviewed some of these issues in January 2004, and concluded that the remaining issues be further analyzed and brought back for a series of additional meetings. · The intent of tonight's discussion is for City Planning staff, the City Council, Planning Commission and the community to revisit the Draft Hillside Zoning Regulations and determine how to proceed. Director Stump received a letter commenting on the Draft Hillside Zoning Regulations from John Rogers, as well as an e-mail from Francine Selim today advising that she owns property in the western hills, supports the concept of Smart Growth and requested that no decision be made tonight, since she was unable to attend the workshop/discussion. PUBLIC HEARING OPENED: 5:40 p.m. Pinky Kushiner requested additional information concerning the most recent developments in the western hills relative to the Hull/Piffero subdivision/Hull Major Site Development Permit for primary/secondary dwellings, and Ceja Major Site Development Permit for primary/secondary dwellings and whether they fully comply with the existing Hillside Ordinance. Councilmember Baldwin inquired whether there are new. plans for development in the western hills. Director Stump replied there are no new applications for development in the western hills. He commented on the Ceja project that the Planning Commission recently recommended the City Council approve, and stated staff's analysis of the project in recommending approval included review of the existing and revised Draft Hillside Zoning Regulations as a guide in determining whether the project is workable and in compliance with this document. Staff worked closely with the property owner where staff was able to appropriately address and mitigate the project issues identified to ensure a quality and architecturally pleasing project. Planning Commission Chair Mulheren commented the proposed Draft Hillside Zoning Regulations pertain to all the western hills and not just for the Hull/Piffero subdivision. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION Page 2 March 29, 2006 Victoria Golden commented as follows: · The Planning Commission revisions to the Draft Hillside Zoning Regulations are thoughtful. · Expressed concern about development in the western hills because she lived in Sonoma County for years and watched the beauty of hills in Santa Rosa disappear due to development even though there were policies/regulations in place to protect them. "Once the hillsides are gone, they are gone forever.' · Enforcement is a primary concern and are there procedures/measures in place in the event of non-compliance. · Expressed concern regarding the element of allowing second units in the westem hills, especially as addressed in the Ukiah Western Hills Constraints Analysis. People are moving to Ukiah and will likely desire to build second units on their property. Double development will occur in the western hills, if second units as large as 1,000 square feet are allowed. She recommended that second units not be allowed or the square footage reduced to 500 or 600 since they can be combined with accessory units, as addressed in the proposed revisions, allowing the potential for additional units on a parcel. Accessory buildings are basically guest units and secondary dwellings can be used as granny units and/or as second houses. Chair Mulheren addressed the Ceja project, and inquired whether the development of one primary residence and one secondary dwelling on 12 acres is too much. Ms. Golden stated the Constraints Analysis addresses the issues of potential fire danger, flooding and drainage on the Valley floor, erosion/grading problems as a result of development in the western hillsides. It may be that no development should be allowed or at least restrict the size of second units. The proposed revisions are basically an act of kindness on the part of the Planning Commission for people currently residing in the western hills. The real estate market for the Ukiah Valley is a bargain compared to fair market prices in other cities/counties in the State. Relatively affluent people having the affordable means to purchase/development property in the westem hills are likely to come here from other areas where they can afford to build primary and secondary units on one parcel. Chair Mulheren commented the western hills can never be developed as affordable housing. He added that the people currently living in the Hull/Piffero subdivision lots are local persons and not from out of the area. Marlene Werra is a westem hills resident, and has no problem "freezing' further development in the hills, provided the City purchases the parcels and reimburses the owners. The City would be responsible for the maintenance such as cutting/trimming brush, cleaning of the culverts, furnishing City fire/police protection services, and other issues that come with private property ownership. The parcels are currently owned by various persons, who have been good stewards of the land. She addressed the Hillside Ordinance Regulations as follows: · Attachment 3, page 26, Primary Access Routes (1) requiring that all pdmary access routes be a minimum width of 18 feet measured with an 18-inch shoulder on both sides of the roadway would be a disaster, as the cuts into the bank would be clearly visible from the Valley floor and precipitate slides. She did not favor that each individual site have an 18-foot wide driveway. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION March 29, 2006 Page 3 Attachment 3, page 26, Primary Access Routes (6) requires the implementation of curbs and gutters, and stated this would not be realistic in rural areas. Attachment 3, page 32, Pedestrian Facilities addresses the topic of public trails/walkway. She is not supportive of allowing for public trails over private property. The County has numerous hiking and outdoor recreational facilities. She recommends maintaining the existing public facilities rather than accumulating additional areas to maintain/service. Allowing public access to the western hills would create the potential for fire hazard, liability, vandalism, and other health/safety/nuisance issues. Delynne Rogers referred to a letter she and her husband drafted. She lives in the westem hills and generally supports the intent/objective of the Regulations. Every effort should be made to protect the natural beauty of the western hills for the benefit of all City residents and visitors to the Valley where an ordinance is necessary to provide protection. She commented on the following concerns expressed by other persons living/owning property in the hillside regarding the Draft Hillside Zoning Regulations: 1. The ordinance may pave the way for a western hills trails system. Delvnne's Resoonse: It states that public pedestrian right-of-ways/walkways may be required along private streets in new subdivisions. The requirement for pedestrian facilities does not appear to apply to existing parcels. She recommends that a committee be created to review different locations for trails in the hills, as some residents may desire to research this issue. The best approach may be to keep the trails matter as separate issue from the Draft Hillside Zoning Regulations. 2. Clearing the underbrush to allow for a fire break would likely require a Major Use Permit. Delynne's Response: The Draft Hillside Zoning Regulations appear to protect the hillsides from someone clear cutting a large swath of vegetation and not necessarily to prevent someone from just clearing underbrush or removing dry leaves or grasses. It may be helpful if the Draft Hillside Zoning Regulations further defined or clarified the removal of vegetation. Landowners would not be allowed to fence their properties without permission from the City. Delynne's Response: The Draft Hillside Regulations indicate that fences are allowed provided the fences meet criteria. A fence can be placed within 10 feet of a property line provided it meets certain criteria including a discretionary review process. Hillside property owners desire to provide safeguards to the development of fences on the hillsides to protect wildlife movement and to ensure the aesthetic qualities of the western hills are not compromised with a vast system of fences. o The tables of minimum parcel sizes suggest that many lots virtually will become worthless because they do meet the minimum parcel size. Delynne's Response: MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION Page 4 March 29, 2006 Restrictions pertain to lands proposed for subdivision and not existing lots on record. The Draft Hillside Zoning Regulations state that existing smaller parcels may be developed. 5. The Planning Commission will be allowed to dictate the appearance of new homes. DelYnne'$ ResPonse: It is the understanding of homeowners in the hillsides that the Planning Commission will review proPosals for new homes to ensure proposals meet the standards established in the Draft Hillside Zoning Regulations and not dictate appearance. Additionally, some hillside homeowners desire the Planning Commission and City Council to clarify Section 9146 8e that requires the removal of all flammable vegetation within 30 feet of a building or structure. This may require the removal of all vegetation within 30 feet of a house, which could have significant visual impacts. A more appropriate standard would be to maintain 30 feet of defensible space around a structure. Councilmember McCowen requested a copy of the letter from hillside owners expressing concern about the proposed Draft Hillside Zoning Regulation revisions. Robert Werra advised that he has a letter to give the workshop members from other hillside property owners expressing concern regarding public acc, ess to the western hills. He recommended deleting Section 9146, M, 3, Pedestrian Facilities on page 32 of the Draft Hillside Zoning Regulations that suggests public trails may be required. More information is needed to justify public trails in the western hills both in the City and on private property, especially regarding the issue of policing, cleaning and upkeep. The City has enough problems maintaining/policing the existing parks. Additionally, no evidence exists that the trails would be used on a regular basis, and he cited a personal example where he observed on a very nice weekend day that few people were out hiking and taking advantage of the trails available in Low Gap Park. The County has many public trails available for hiking. He is not supportive of developing public trails in the western hills. Albert Krauss stated the National Parks system was not founded based on evidence of use. There is an argument that could be made for the establishment of trail systems or any park system as an educational resource for potential future use. He commented on the issue of house designs, and stated the entire study of the western hills appears to create an internal contradiction between the notion of preserving the ~veiwscape~ of the hills when basically the study focuses on how to design development in a compatible manner. The reality is that houses do exist in the western hill and there will likely be more. Dictating the design and color scheme does not screen the homes from view. The virginal hillsides are lost so why not build a beautiful architecturally pleasing home for everyone to admire. He does not support that the design and color schemes be dictated for the homes developed in the western hills if there is no application of a creative architectural concept. Property owners should be allowed to design an interesting, creative, and flamboyant house. He does support the development of private trails in the context of future education for new generations of people who have lost the ability and forgotten how to hike by rediscovering this recreation. Councilmember Baldwin inquired as to the type of lighting that should be chosen for the flamboyant home in the hillsides. MINUTES OF THE UKI^H CITY COUNClL/UKIAH PLANNING COMMISSION Page 5 March 29, 2006 Mr. Krauas was exaggerating his view point, and stated he would not support incorporating flood lighting to enhance the beauty of the flamboyant home. Billy Smith resides in the hillsides, and does not support the development of hiking trails through private property in the western hills. It has been her experience that people trespassing on her property while hiking have created nuisances. EHc Crane stated he authorized the letter that was sent to hillside property owners. He stated that the Draft Hillside Zoning Regulations are very poorly written, as there are elements in the document that are contradictory that when viewed as a whole, actually negates the ability for people to have beneficial use of their land without a great deal of review. Many people have worked on the document so it has become a mishmash of special interest. He recommended review of the document and possible modifications thereof from a hillside homeowner's perspective. The document directs certain types of development as being the only way to accomplish a goal and by persons that do not have the knowledge necessary to build such homes. He recommended re-writing the entire document. He commented that allowing one house per 40 acres is ludicrous. Director Stump will meet with Mr. Crane to go over the document in more specific detail to address specific issues/concerns. Councilmember McCowen stated it would be beneficial if public members would submit in writing to Planning staff specific recommendations/comments and/or cite specific Ordinance sections that they desire deleted/added or revised. Julle Bawcom provided geotechnical information concerning hillside development in 2003. She was also part of the committee that formulated the original Hillside Zoning Regulations in 1989. She referred to Section H, Required Technical Reports on page 15 of the Draft Hillside Zoning Regulations, and gave her written comments to workshop members. The City needs to retain a geotechnical firm on a consultation basis to review proposed hillside projects to determine whether an engineering and geologic report should be required. The Draft Hillside Zoning Regulations give the Planning Director the authority to make this determination and this person is not really qualified to make such a determination. The same geotechnical firm needs to review all completed reports with the City to make sure that the minimum guidelines set forth by the City are in compliance. Geotechnical reports should be completed by a certified engineering geologist and geotechnical engineer where in the report a finding must be made that the proposed development would not have an adverse impact on any uphill or down slope or to adjacent properties. The burden of liability is placed on the geotechnical firm that the developer hires and reviewed by the City's consultant so that any potential liability issue is covered. A certified engineering geologist licensed in the State of California shall complete the engineering report together with an engineer. VVhile the geological studies add a substantial expense to a developer in the hillsides, they should be required as a public safety mechanism. Ma. Bawcom commented on the storm events that occurred in late December 2005 and early January 2006, and commented on the flooding to homes on Standley Streets that was the result of substantial amounts of water flowing through the canyon. Geotechnical studies are very important because they evaluate hillside development issues and the potential impacts to people living down slope. She offered her professional services should it be necessary during the Ordinance revision process. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION Page 6 March 29, 2006 Victoria Golden commented it is not ludicrous to think that allowing one house per 40 acres or allowing for one house per 60 acres is not unusual zoning when there are appropriate reasons for this type of regulation whether it is for preservation of agriculture or for safety considerations. To have a building site available on land that is largely sloping does not mean that development should occur if erosion and flooding is likely to occur. In terms of preserving property rights, everyone living in the City or County is subject to regulations concerning home renovation and/or development, The purpose of tonight's workshop is to ensure that such regulations are reasonable. Jan Moore acknowledged Ms. Bawcom's comments relative to the importance for geotechnical studies. She also provided the workshop members with information that complements Ms. Bawcon's input concerning landslides, drainage and the potential for flooding, soil identification, erosion, and other engineering geology information pertinent to western Ukiah. According to the geology information, there is a lot of soils instability in the western hills that should be considered/addressed. She commented on the flooding that occurred at the comer of Highland and Standley Streets this winter that could be attributed/related to western hills soils instability. Bill Smith is a resident of the western hillsides, and he understands the fire danger that comes with living in the hills and the precautionary measures that must be implemented to help protect people, wildlife, and property from the potential of wildland rites. He provided a brief historical description of the fire-related and logging events that have occurred in the western hills for the past 50-60 years. He addressed plans regarding the construction of hiking trails in the western hills that will not likely be completed with fire being the primary concern. He does not support allowing the public to wander around/hike in the western hills because of the danger of fire and other nuisance and vandalism problems that can occur. The trails would have to be maintained by the City and the City does not have the resources to assume this responsibility. It is very costly to develop property in the western hills. Therefore, the development of affordable housing units is not a reality for the westem hillsides. In his opinion, the proposed revised Regulations must be able to effectively address all the cumulative impacts if development is to be allowed in the western hills. Chair Mulhemn addressed the issue of fire in the western hills, and inquired whether the 20-foot wide paved roadway that exists for the Hull/Piffero Subdivision provides for a sufficient fire break. Mr. Smith replied that would be an ideal place to start a back fire in the event of a wildland fire. Before the Hull/Piffero Subdivision was approved, there was no fire break. He noted that development in the western hills is not necessarily a bad thing. Phil Ashiku resides in the lower portions of the hillsides. He understands the necessity to preserve the viewshed, as well as to provide adequate health and safety protections for persons living down slope. He commented on the draft Regulations, and stated the geotechnical section requires further review. He supports having the opportunity to submit written comments regarding the Regulations to the workshop members. Other document discrepancies do exist, including the request for engineering and geotechnical studies that may not be possible because they would require access to private property or adjacent private property that may not be granted. He addressed the matter of geotechnical studies and how they came about as a requirement for development, and questioned the reason for such a large divergence from what is required in the California Building Code. The MINUTES OF THE UKIAH CITY COUNCILAJKIAH PLANNING COMMISSION Page ? March 29, 2006 California Bu~ing Code establishes the parameter regulations and standards by which property is developed; including the studies required that address setback to slope issues. Geotachnical studies should be project driven as opposed to 'cook book/textbook form'. Director Stump referred to the September 2003 City Council meeting where Civil Engineer George Rau provided written comments because he was concerned with the geotechnical information. This information is available to the public and provides for a reasonable format for a geotechnical soils study. Also, Planning staff reviewed the website of the State Division of Mines and Geology, and this information is available for public review. It is a more condensed version and addresses the issue of allowing for flexibility concerning geotechnical studies for different types of projects whereas the textbook version may not be necessary depending upon the size, scope, and scale of the project. blr. Ashiku expressed concern that there may have been an intentional effort as a way to discourage hillside development in the Draft Hillside Zoning Regulations by requiring expensive geology/geotechnical studies/or other costly developmental-related necessities to ensure compliance He cautioned pursuance of this path because such an effort 'constitutes a taking,' sanctioned by a governmental body. The document must clearly identify the parameters by which a project is judged. There can never be zero impacts. He acknowledged the elements of tire, vandalism, and trash issues that occur to private property in the western hills, which further exacerbates/reinforces that unsupervised hiking in the hillsides would be problematic. Conversely, there are people that would not exhibit this type of behavior and would respect the environment and the right to hike in the hillsides. Councilmember McCowen requested clarification that Mr. Ashiku supports the distinction between the upper and lower hillsides and inquired whether he has an opinion as to the property lines designating the distinction. Mr. Ashiku has not been able to fully review the specific boundary lines. Counciimember Baldwin commented on the issue of property values and noted real estate publications/advertisements promote dwellings on rural properties that are adjacent to public open space/public parks/BLM land/national forest and such proximity actually raises the value of the dwelling. Chair Mulheren stated many public members, Planning Commissioners, and Councilmembers participated in the public discussions that helped shape the Draft Hillside Zoning Regulations, and, none of the geotechnical requirements were intentionally included to discourage building in the westem hills. Mr. Ashiku recommended that the Draft Hillside Zoning Regulations geotechnical study requirements preclude those that are not relevant to the size and scope of a particular project. He favored the concept of having the property engineered and having a geologist review the soils in order to make foundation, drainage, setback recommendations, as the driving process. The Planning Director does not have the expertise to determine which geotechnical studies are relevant for a project, whereby the required geotechnical expert would only duplicate the expense. A competent engineer should be hired to complete the studies, thus driving the process of development, followed by plan check and engineering group reviews that determine the validity of the studies. The draft Regulations should be revisited to avoid having to go through an unnecessary process. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION March 29, 2006 Page 8 Councilmember McCowen asked if Mr. Ashiku would agree that it is appropriate to have an engineering geologist sign off to the degree that he/she is certifying the construction proposed would not create adverse impacts to the adjacent property owners. Mr, Ashlku stated it is unlikely that an engineer would sign off on a project unless he/she made the appropriate determination that the project would not create adverse impacts to the environment/adjacent :property owners and would provide the assurance necessary for the project to move forward to the next phase without having to go through the expense of obtaining other studies only to get the same information. Julle Bawcom worked for the California Geological Survey who put together the minimum requirements for geological studies, and these requirements are used all over the Bay Area, Los Angeles County, San Diego County, and major metropolitan areas. The geotechnical firm hired by the City would determine which technical report should be required and not every project is going to necessitate every single part of the geotechnical requirements. She does not support the procedure of starting the construction with a geologist later coming to review the site issues/constraints. The standard practice in California is to allow a geotechnical firm to determine which technical reports are necessary and to review the work conducted. Dave Hull addressed the matter of the geotechnical standards, and stated the original Hillside Zoning Regulations were well written. His experience with hillside development has been very expensive with all the engineering and technical studies/reports, and fees. Geotechnical standards are extremely important and no developments should occur without having a professional engineer review a project to make sure the future home will remain secure on the parcel. However, the rules should not be so stringent that a property owner cannot afford to build. His only issue for compliance with the geotechnical standards pertained to the roadway because there were no such standards. Initially, the standards required a 20-foot wide roadway with curb, gutter, and sidewalk until the process lead to an 18-foot wide paved roadway with no curb, gutter, and sidewalk. He did not have a problem with the standards for the clearing of brush and other types of vegetation. He acknowledged that he has made mistakes and has learned through the process how to be a good steward of the land. He briefly explained his experience with the geotechnical aspects of his development and stated the geotechnical engineering consultant he hired was highly credentialed so when the process was complete, he was comfortable with building in the hillsides. There are many issues in addition to geotechnical associated with building in the hillsides. Mr. Hull advised that the source of the flooding problems on Highland and Standley Streets were not caused by the HulllPiffero Subdivision developments, but from old culverts on private property in the canyon area that were not properly maintained over the years and the channel was plugged with debris. His property was checked for drainage/erosion issues as a result of the heavy rains and none were apparent. He stated drainage problems will occur in the hillsides from runoff when winter storms were as heavy as they were this year. Commiseioner VVhetzel asked Mr. Hull if when he was going through the subdivision process whether he was offered incentives for the clustering of homes or to create public trails relevant to his subdivision. Mr. Hull replied Councilmember Baldwin assured a 5-0 City Council vote approving his project if he and Mr. Piffero would donate 35 acres of their land for public trails. The City MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION Page 9 March 29, 2006 offered no incentives. He would be happy to assist other persons desiring to build in hillsides with better understanding of the process, as he has a lot of experience in this regard. Bob Burke has resided in the western hills since 2000, and he understands from his experience that developing a home is a very tedious process. He commended Planning and Fire Department staff for assisting him through the process. He stated there were some very stringent guidelines at the time when he build his home. He stated the Draft Hillside Zoning Regulations are very strict and recommends formulating ~guidelines" for development that are less stringent. The geotechnical studies alone were very expensive for him where three separate engineers reviewed the property. Rick Piffero commented that the geotechnical standards established for the original Hillside Zoning Regulations were sufficient. Development in the hillsides should not be viewed as affordable housing. The development standards make it very difficult and expensive to build in the hillsides. Also, that section of the Draft Hillside Zoning Regulations which addresses the clearing of brush is not realistic. He understands that maintaining the beauty of the hillsides is important to the community, and stated the homes built are quality and aesthetically pleasing unlike some structures existing in the City limits that are substandard and/or deteriorated to the degree they are an eye sore to the community. The permits allowing for development should be fair and reasonable. He acknowledged new developments create temporary scarring of the hillsides that eventually disappear when vegetation/trees planted for the project have matured. The geotechnical work has been completed for the Hull/Piffero Subdivision lots where a maximum of 10 pdmary and secondary structures can be developed. He does not recommend creating a whole new Draft Hillside Zoning Regulations document. He supports having effective rules concerning development that protect hillside property owners and persons residing on the Valley floor. Councilmember Baldwin inquired whether it is feasible to effectively enforce the rules established for the hillsides. Mr. Piffero stated the lots developed in the Hull/Piffero subdivision fully comply with the rules. Dotty Coplen recommended not allowing any more second units in the hillsides in. the future or, as an alternative, place a maximum size of approximately 800 square feet on the units. The approval of over a 2,000 square foot second unit for the Ceja project was too large where the definition of a second unit is lost. She supports the concept of allowing for a lot split for that particular project. Chair Mulheren commented that with a lot split as many as four homes could be built as opposed to the approved two homes. A lot split could not have been done because the Subdivision lots have been established and no further subdivision is permitted. Greg Foss expressed concem about allowing for second unit developments in the western hills. It was his understanding that when the Hull/Piffero subdivision was created it would be for the development of five homes and not potentially for 10 homes. He recommended enacting a requirement relevant to any future lots created by a new subdivision in the western hills by determining/designating ahead of time which lots can be developed with second units where the remaining lots would not be allowed to be developed with second units. Future development can be restricted with the application of this approach and regulates project precedence setting where the thinking suggests that what is good MINUTES OF THE UKI^H CITY COUNClL/UKIAH PLANNING COMMISSION March 29, 2006 Page 10 development for one preject would be good for another. The City has the right as a condition of approval for new developments to set certain regulations, so if the restrictions were placed in the Ordinance ahead of time, future hillside development applicants would be advised early on that second units can not be developed on certain parcels. Chair Mulhemn stated the State of California limits local government's ability to restrict second units. Victoria Golden stated the Western Hills Constraints Analysis made a "big deal' about the development of second units in the hillsides, but minimized the problem by stating that very few people would desire to build in the western hills. In actuality, there are two second units allowed on the lots since accessory units can also be developed up to a maximum of 500 square feet with no kitchens. Such units are typically built as one-bedroom guest houses having kitchens with the potential for kitchens being added later after the necessary building inspections have been completed. She expressed concern about doubling or even tripling the number of homes that can be developed per lot, which can significantly contribute to dreinage, fire, and eresion preblems. Benj Thomas stated when it comes to establishing regulations/standards, there are elements of conflict between the absolute individual rights of property ownere and the community dictating what should be in the way of rules/policies when it is the responsibility of City staff, Planning Commission, and City Council to carry out the will of the community. It often becomes difficult to balance between the rights of individuals as opposed to what the community dictates where it becomes a balancing act to measure the associated benefits. However, there are situations where the Ukiah Municipal Code or law dictates the required standards. This type of situation makes it more difficult when people come into the process in adverearial mode and it essentially becomes an issue of compromise relative to what standards should be adopted in order to preserve the integrity/beauty of the hillside. It has been his experience that the Planning Department comprehensively looks at all aspects in terms of fairness and compliance issues of regulatory documents prior to making a recommendation. Charles Mannon resides in the western hills, and he underetands the fire danger that comes with living in the hillsides. He does not support allowing for free public access to the western hills. Al Beltrami resides in the western hills, and commented on the long anticipated massive influx of people to the community that is not readily evident. People will move into the area and growth is inevitable. The terrain of Mendocino County is not the same as that of Sonoma County. He noted the number of pages for the revised Hillside Ordinance Regulations have increased from 7 to 35 so there is a lot of text to review. He inquired whether there is a provision in the new Regulations that deal with public trail access. Director Stump replied there is a provision that says public pedestrian walkways shall be incorporated into the design of private streets within new subdivisions. The walkways may consist of paved or unpaved paths within the private street right-of-way or within a dedicated public easement in an alternative location. Mr. Beltrami questioned whether it is realistic to anticipate a public subdivision in the western hills. He values the hillsides, as well as the valley floor where he observes homes and/or other structures in the City limits and County that are in very poor condition and MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION March 29. 2006 Page ] ] architecturally displeasing. He recommends that hillside development standards be fairly written to coincide with the standards established for valley floor developments. He addressed the issue of lighting, which is a large issue with hillside development, and noted the lighting impacts from residential/commercial establishments when he looks from the hillsides to the valley floor and stated many of these structures are not likely in compliance with Code standards. It would be unfair to ask hillside property owners to underground utilities when most of the City utilities are not. He noted the concerns regarding fire danger because developments can contribute to fire hazards. He referred to the issues of allowing for a division between lower and upper hillsides, and commented this issue likely requires further defining. Councilmember McCowen stated the Ukiah General Plan has a number of policies that address the desirability of having trails in the western hills and with developing a trails system whereby the Draft Hillside Zoning Regulations document does not do this and states, "Public pedestrian right-of-ways/walkways may be required along pdvate streets in new subdivisions, provided a City Council adopted public trails plan includes the subject property and a feasible walkway route, and the appropriate legal findings can be made to support the requirement." In order for this to occur, a public trails plan must have been adopted and in place that meets the above-referenced criteria and then such a plan could potentially be applied to a new subdivision. The two processes are separate. The Draft Hillside Zoning Regulations speak generally about a public trails system, but does not mandate or require that they be constructed. The Ukiah General Plan also does not mandate or require public trail systems be constructed. Joan Eriksen resides in the western hills, and does not support allowing for public access in the western hills due to the problems she has incurred with people walking on her property. Bill Smith stated it is the job of the City Planning Department to ensure that aesthetically pleasing projects are brought forward for discretionary review and that economical considerations be given to applicants. Robert Werm addressed the roadway width standards for the hillsides, and stated the required widths change as the City Fire Chiefs change. He is not supportive of 18-foot wide driveways that create huge erosion problems, and recommended this issue be reviewed with the current Fire Chief. He stated his driveway is 12 feet wide and City emergency vehicles can easily make the climb to his home in the western hills, which is the second longest driveway in the hillsides. He recommended further review concerning the division between the upper and lower hillsides, and suggested that measuring in terms of altitude should be the determining factor. Becky Thune commented that regulations should be reviewed every five years. She supports the concept of applying "Smart Growth" to developments. Today's hillside development have effective rules/regulations in place to ensure that such developments do not create significant impacts to the environment and to the health, safety, and general welfare of people unlike other historical hillside developments in other areas of the State that have experienced major problems. As population increases, changes in building design and locations are anticipated so it is important that regulations be adequately written to address the changes. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION Page 12 March 29, 2006 Delynne Rogers commented that the Ordinance is not about public access on private property. She does not favor public access on private property without the appropriate permission. Bob Burke stated the issue of viewshed represents a large portion of the concerns expressed. People want to look up at the hillsides and see the hills and not homes. His neighbors' homes in the western hills are not visible because of the vegetation that has been planted to screen them from view. It takes time for newly planted vegetation to mature where homes are sufficiently screened from view. The people residing in the hillsides value the viewshed just as much as those residing in the Valley floor and are willing to take measures to effectively screen their homes. PUBLIC HEARING CLOSED: 7:47 p.m. Chair Mulheren stated the discussions indicated that the Draft Hillside Zoning Regulations need more work where they will again be reviewed at the Planning Commission as a public workshop. Councilmember McCowen stated the Planning Commission is essentially the only body that can give actual direction here this evening, He recommends having at least one additional Planning Commission hearing to complete the Draft Hillside Zoning Regulations discussions for the eight areas of concem initially raised by the City Council at the September 2003 meeting. Director Stump stated staff's objective is to comply with the direction of Council and the community and he understands that this is a priority item. Councilmember Baldwin stated the revision process may be lengthy because people disagree about what is and should be. The matter of second units and determining the maximum amount of square footage allowed are issues that require further review. Commissioner Anderson supports the concept of having hiking trails in the westem hills. He asked the question whether western hills residents would be willing to grant easements and/or work out an agreement with the City for public access. Commissioner Whetzel commented that notification of the meeting tonight was published in the Ukiah Daily Journal. He agrees that private property is exactly that, and stated being able to appropriately maintain such property is difficult enough without having to potentially manage nuisance/vandalism problems created by the public. He further commented that the Ukiah General Plan states the City should provide incentives for hillside developments and none of this is apparent. He recommends that the Draft Hillside Zoning Regulations be further reviewed by the Planning Commission. Councilmember McCowen stated it is not necessary to completely begin the process again. The revised Draft Hillside Zoning Regulations reflect a lot of work by many people, and recommended the following: The issues identified by City Council be revisited. · Take a fresh look at the process by which the additional southern parcels were added in and whether this is appropriate. · Further review of the geotechnical requirements. MINUTES OF THE UKIAH CITY COUNCIL/UKIAH PLANNING COMMISSION March 29, 2006 Page 13 · Further review of the requirements for Major Use Permit conceming all vegetation clearing over 2,000 square feet relative to maintaining the appropriate fire breaks. He recommended more flexibility in this regard. · Further review concerning the application of the average slope requirements, which may be overly restrictive in some cases, as the terrain for parcels vary and vary on the individual parcel as wall. Adjustments to the standards may be necessary. Chair Mulhersn does not favor conducting public hearing after public hearing on the Draft Hillside Zoning Regulations document because this is not necessarily productive, and emphasized that City Council takes action at some point at the Planning Commission's recommendation. Commissioner Anderson stated public workshops are not beneficial for him in terms of productivity and with resolving issues, and that the process is somewhat counterproductive. He questioned this process as being the effective dialogue that it should be. For example, he has many notes and questions that did not get answared and other participants likely have questions that the workshop setting could not address in the time allotted. City Manager Horsley advised the City Council and Planning Commission can meet other than in a public workshop setting to discuss the issues/consider public input and have the effective dialogue necessary to resolve issues. It was noted that the matter of revisiting the Draft Hillside Zoning Regulations are a priodty item. Commissioner Jennings does not favor spending hours with five Councilmembers and five Planning Commissioners in order to address all the hillside issues raised in terms of whether this approach would be productive. It would be difficult to answar all individual questions unless everyone has similar questions. m CLOSED SESSION a. Public Employee Performance Evaluation (Gov't Code Section 54957) There was no discussion of this agenda item. $. ADJOURNMENT There being no further business, the meeting adjourned at 8:09 p.m. Cathy l~lawadly, - Reco~l~'~ Secretary MINUTES OF THE UKIAH CiTY COUNCIL/UKIAH PLANNING COMMISSION Page 14 March 29, 2006