Planning Commission

# MINUTES OF THE

AUBURN CITY PLANNING COMMISSION MEETING March 1, 2016

The regular session of the Auburn City Planning Commission meeting was called to order on March 1, 2016 at 6:00 p.m. by Acting Chair Dowdin Calvillo in the Council Chambers, 1225 Lincoln Way, Auburn, California.

COMMISSIONERS PRESENT: Amara, Dowdin Calvillo, Willick

COMMISSIONERS ABSENT: Luebkeman, Vitas

STAFF PRESENT: Reg Murray, Senior Planner

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. APPROVAL OF MINUTES

None

## IV. PUBLIC COMMENT

Anthony Rondoni, property owner in Auburn, requested that the Planning Commission consider an ordinance to develop view shed protection standards.

## V. PUBLIC HEARING

A. TENTATIVE SUBDIVISION MAP EXTENSION – 406 MAIDU DRIVE (CANYON CREEK SUBDIVISION) – FILES SUB EXT 0-3-2(B). The applicant requests approval of a Tentative Subdivision Map Extension for the Canyon Creek subdivision located at 401 Maidu Drive. The request will provide a 2-year time extension for the developer to subdivide the 11-acre site into 24 single-family residential lots.

Planner Murray presented the staff report, reviewing the history associated with the property, the scope of the request, and staff’s support for the request.

Chair Dowdin Calvillo opened the public hearing.

Ric Ortiz, applicant, addressed the commission and reviewed the request.

Commissioner Willick asked about the owner’s intent to develop the property.

* * *

Mr. Ortiz indicated that the owner will not develop the property; but, instead will sell to a developer.

John Ebert, 405 Riverview Drive, stated that his property backed up to Lot 20. He requested that the Commission apply similar conditions to Lot 20, relating to setbacks and building heights, as were originally approved for Lot 21 (Condition 7.iv).

The Commission considered questions regarding the extension request, the City’s development standards, and the previous discussion of the development standards by the Commission in 2006.

Planner Murray responded to the Commission questions.

Anthony Rondoni, from Meadow Vista, addressed the Commission. He expressed concern that the development would block views for his property on Riverview Drive, which backs up to Lot 19. He requested that the Commission limit development on Lot 19 to a single-story house with a maximum height of 18 feet above existing grade; or, continue the request to allow the applicant time to talk to adjacent property owners.

The Commission noted that there is not a developer for the property at this time.

Chair Dowdin Calvillo asked the applicant to respond to suggestions from the prior speakers.

Ric Ortiz, applicant, commented on the prior hardships associated with the property and the recession; and, reiterated that the owners don’t intend to develop the subdivision and would prefer not to change the conditions.

Pat Miller, 356 Riverview, commented that a reasonable developer will provide a mix of single- and two-story homes; and, that she supported the extension request.

Terry Grant, resident on Bell Road, supported a change to the conditions.

Chair Dowdin Calvillo closed the public hearing.

Commissioner Amara expressed interest in a potential condition to encourage the developer to work with the neighbors regarding view shed impacts.

The Commission discussed options to amend the setback and height conditions affecting Lots 19 and 20.

Planner Murray reviewed the City’s development standards, the history of the original project, and the applicable conditions. He noted that the original approval included increased setback standards to address potential concerns regarding views.

* * *

Chair Dowdin Calvillo noted that the original project was fully vetted at the time and it would be difficult to know the impacts that new conditions would have on the map extension.

Commissioner Willick expressed support for the extension without additional requirements.

Commissioner Amara MOVED to adopt Resolution 16-2 approving the Tentative Subdivision Map Extension for the Canyon Creek subdivision, including a suggestion that the Commission encourage the developer to work with adjacent property owners to reduce potential view shed impacts.

The Motion did not receive a second.

Commissioner Willick MOVED to adopt Resolution 16-2 as presented approving the Tentative Subdivision Map Extension for the Canyon Creek subdivision.

Commissioner Amara SECONDED the motion.

**AGENDA OF THE REGULAR SESSION** **CITY OF AUBURN PLANNING COMMISSION** **1225 LINCOLN WAY, AUBURN, CA 95603** **March 1, 2016** **6:00 PM**

**Planning Commissioners:** Roger Luebkeman, Chair Sandra Amara Alice Dowdin Calvillo Fred Vitas Nick Willick

**City Staff:** Reg Murray, Senior Planner

***

**[Excerpts from Planning Commission Meeting Minutes - February 7, 2006]**

**ITEM VI: PUBLIC HEARING ITEMS**

**A. Tentative Subdivision Map and Tree Permit – 406 Maidu Drive (Canyon Creek Subdivision) – Files SUB 03-2, TP 03-2.**

[...]

**Michael Murphy MOVED to:** A. Adopt the following findings of fact for the Mitigated Negative Declaration prepared for the Canyon Creek Subdivision (SCH200612016): 1. The Planning Commission, on the basis of the whole record before it (including the initial study and any comments received) finds that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis. 2. The Planning Commission has determined that the Mitigated Negative Declaration includes a Mitigation Monitoring and Reporting Plan (MMRP). All of the mitigation measures identified in the Mitigated Negative Declaration have been incorporated in the MMRP and these measures have been agreed to by the applicant and are fully enforceable through CEQA and applicable City Ordinances. 3. All documents and materials relating to the proceedings for the Canyon Creek Subdivision are maintained in the City of Auburn Community Development Department; 1225 Lincoln Way, Room 3; Auburn, CA 95603.

**Comm. Kosla SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** B. Adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Plan for the Canyon Creek Tentative Subdivision Map.

**Comm. Kosla SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** C. Adopt the following findings of fact for the Canyon Creek Tentative Subdivision Map (File SUB 03-2): 1. The proposed subdivision is consistent with the Auburn General Plan. 2. The design or improvement of the proposed Subdivision is consistent with the objectives, policies, general land uses, and programs specified in the Auburn General Plan. 3. The site is physically suitable for the proposed development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or improvements is not likely to cause serious public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

**Chrm. Thompson SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** D. Approve the Canyon Creek Tentative Subdivision Map (File SUB 03-2) subject to the conditions listed in Exhibit A, Condition 54 which is amended to read; Lots 1-10 shall shall pump up to the gravity line on Canyon Creek if required, based on topography.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** D. Approve the Canyon Creek Tentative Subdivision Map (File SUB 03-2) subject to the conditions listed in Exhibit A, with the addition of Condition 6(h) which reads: Homes shall be constructed utilizing stem wall construction methods.

**Chrm. Thompson SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** D. Approve the Canyon Creek Tentative Subdivision Map (File SUB 03-2) subject to the conditions listed in Exhibit A, with the addition of Condition 8 which reads: The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorneys fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this [permit]. Accordingly, to the fullest extent permitted by law, [Applicant] shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part the issuance of this [permit], or the activities conducted pursuant to this [permit]. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

**Chrm. Thompson SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 65: Access to the existing Bureau of Reclamation sewer lift station shall be amended to include the realigned gravel trail as detailed with amended Sht C6 presented to the Planning Commission on February 7, 2006.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 37: The developer shall work with the Public Works Department for the provision of lane Delineators and/or striping on Canyon Creek Drive and adjacent streets (Vista Del Lago, Maidu, and Riverview).

**Chrm. Thompson SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Merz MOVED to:** Amend Condition 5 to include the following: The fence shall be constructed utilizing steel posts; rock treatments shall be used on the pilasters. The developer shall work with adjacent property owners on the construction of the fence as a “good neighbor” fence. (CDD)

**Comm. Kosla SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 6(a)(i) to read: The minimum interior side yard setback shall be 10’.

**Chrm. Thompson SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 38: The developer shall work to protect native rocks during construction of the subdivision improvements. Native rocks disturbed during construction shall be stockpiled for incorporation into the subdivision design.

**Comm. Kosla SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 6(a)(ii): Lots 11-18 shall have a minimum rear yard setback of 35’.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Kosla MOVED to:** Add Condition 24: Construction traffic is encouraged to utilize Maidu Drive during the construction of subdivision improvements.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Chrm. Thompson MOVED to:** Add Condition 66: The applicant shall install signs and striping to the satisfaction of the Public Works Department to designate access to the Western States Pioneer Express Trail near the Bureau of Reclamation sewer lift station. Notification shall be added on Maidu Drive near the entry to the station and at the bottom of the paved access road.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Comm. Murphy MOVED to:** Add Condition 39: The developer shall work with the Community Development and Public Works Departments to meander Canyon Creek Drive to preserve native trees. The road shall meander ± 12’ to the east to save trees 25, 26, 27, and 33, ± 18’ to the west to preserve trees 427 and 450, and ±12’ to the east to save trees 65, 377, and 325. Retaining walls are encouraged to be used as part of the project design in order to preserve trees.

**Comm. Merz SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.

**Chrm. Thompson MOVED to:** D. Approve the Canyon Creek Tentative Subdivision Map (File SUB 03-2) subject to the conditions listed in Exhibit A, as modified by the above conditions.

**Comm. Murphy SECONDED.** AYES: Merz, Murphy, Smith, Kosla, Chrm. Thompson NOES: None ABSENT: None ABSTAIN: None The motion was approved.