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MINUTES 2018/08/14CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tern John Ebiner Councilmember Eminett Badar Councilmember Denis Bertone Councilmember Ryan A. Vienna STAFF PRESENT: City Manager Blaine Michaelis Assistant City Manager Ken Duran Assistant City Manager Community Development Larry Stevens City Attorney Mark Steres Director of Public Works Krishna Patel Director of Parks and Recreation Hector Kistemann Assistant City Clerk Debra Black Associate Planner Jennifer Williams Mayor Morris called the meeting to order at 7:00 p.m. and led the flag salute. > Recognition of City Track and Field participants who represented San Dimas at the Southern California Track and Field Championships in Downey, California Recreation Coordinators Jay Jones and Jeff Freeth along with Mayor Morris made the presentations. ORAL COMMUNICATIONS (Members of the audience are invited to address the City Council on any item not on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. If you desire to address the City Council on an item on this agenda, other than a scheduled public hearing item you may do so at this time or asked to be heard when that agenda item is considered. Comments on public hearing items will be considered when that item is scheduled for discussion. The Public Comment period is limited to 30 minutes. Each speaker shall be limited to three (3) minutes.) a. Members of the Audience 1. Alan Nash with the Boosters announcing their Annual Car Show — August 18, 2018 2. Pete Sluis provided an update on the new tier 4 train locomotives City Council Minutes August 14, 2018 Page 2 CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) a. Resolutions read by title, further reading waived, passage and adoption recommended as follows: W W I I JULY AND AUGUST, 2018. b. Approval of minutes for City Council meeting of July 24t ", 2018. Authorization to submit comments opposing the proposed State preemption of local control over cannabis deliveries D101-IX 6-1 MOTION: Motion/seconded by Councilmembers Vienna/Ebiner to approve the consent calendar as presented. The motion passed by unanimous vote. (5 -0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING (Published August 3, 2018/Notices mailed August 2, 2018) Mr. Begin presented the council with printed material to accompany his Power Point Presentation. Mayor Morris announced his recusal from this item because he lives within 500 feet of the project and Mayor Pro Tern Ebiner conducted this portion of this meeting. Mayor Pro Tern Ebiner provided a brief overview of the items to be heard, the order of the public hearing and explained that the request will need three votes for approval. Walnut Avenue Project (The Planning Commission recommended approval of this project by a 4 -0 -1 vote at their meeting of July 19, 2018.) a. ORDINANCE 1262, Zone Change No. 16 -01 A request to change the zone classification from Single - Family 16,000 to Single - Family 7,500 (SF -7,500 - DS- c) which requires a minimum lot size of 7,500 square feet. b. ORDINANCE 1263, Municipal Code Text Amendment No. 18 -01 A code amendment to establish Development Standards Overlay Zone No. 2. City Council Minutes August 14, 2018 Page 3 c. RESOLUTION 2018 -47, 'I "ent�itive 'I' °loci Map No. 73584 A request to consolidate 4 existing parcels, with a total area of 3.17 acres to subdivide into 12 residential parcels. d. RESOLUTION 2018 -489 Initial Study /Mitigated Negative Declaration An Initial Study /Mitigated Negative Declaration (IS /MND) was prepared to assess the environmental impacts of the proposed project. The IS /MND was circulated for comments and public review from May 18, 2018 through June 6, 2018. r_ DPRB Case No. 16 -02 A request for approval of house plans for the construction of 12 new homes. DPRB Case Nos. 16 -03 and 16 -04 Requests to demolish the residential structures at 300 N. Walnut Avenue and 343 Moore Lane, which are listed on the City's historic inventory list. 'free removal Permit No. 16 -12 A request to remove approximately 131 trees. t ?a� � AI IN t ti NII) TtON The Planning Commission recommends that the City Council approve Zone Change No. 16 -01, Municipal Code Text Amendment No. 18 -01, and Tentative Tract Map No. 73584 (16 -01) and accept the draft Mitigated Negative Declaration of Environmental Impact and allow the related applications (Development Plan Review Board cases and Tree Removal Permit) to be reviewed by the Development Plan Review Board. Staff concurs with the Planning Commission except staff recommends further revisions to the Development Standards Overlay Zone No. 2 to include a 15 -foot minimum rear yard setback requirement for all lots, additional revisions to floor area ratio (FAR), and an increase in the number of one -story lots to better ensure neighborhood compatibility and protect desirable qualities and characteristics valued by current residents and property owners. Associate Planner Jennifer Williams presented staffs report on this item stating that staff's concerns are with the overlay standards and neighborhood compatibility and feels that some revisions should be made to those in order to protect the existing character of the neighborhood and to address concerns raised by residents throughout the course of the project. In response to Mayor Pro Tern Ebiner's request to explain how the floor area ratio concept would affect the project and why the subject is being discussed now, Assistant City Manager of Community Development Larry Stevens explained the following: the difference between lot coverage and floor area ratio is that you deal with the mass created by the second floor when a floor area ratio standard is applied; if you were just dealing with lot coverage, the second floor could be the exact same size as the first floor which is two times 35% of the lot coverage. It was staff s concern that one of the ways to insure a better opportunity for compatibly with the neighborhood in terms of the bulk of the unit was to introduce the concept of floor area ratio. He further added that staff had discussed this concept a couple of times, but this seemed like a better opportunity to present it. Mr. Stevens added that staff did some research with surrounding cities on the concept which influenced the numbers they arrived at; however floor area ratio numbers vary from city to city. City Council Minutes August 14, 2018 Page 4 Responding to Councilmember Bertone's question Mr. Stevens described several different ways in which a second floor can be built within the floor area ratio. City Attorney Mark Steres provided a comparison of staff's applied figures and the applicants for the floor area ratio and square footage. Responding the Councilmember Badar, Mrs. Williams answered that as written the setback would apply to all lots; a different approach could be taken with lot one or certain other lots but Planning Commission and staff are recommending a uniform approach across all lots as well as any future lots. Responding to Councilmember Vienna, Mrs. Williams answered the applicant's first preference would be no rear yard setback and 12 feet may work for all lots except lot one. Responding to Mayor Pro Tem Ebiner, Mrs. Williams answered as proposed the new street is offset 10 feet from Third Street; staff informed the applicant that the preference would be to either be perfectly align or better align the new street with Third Street, to avoid any offset. She added that doing so would have impact on lots one, two and maybe three, most likely resulting in a loss of a lot. She added that this was a preference of staff but not enough to recommend denial of the Tract Map. She also added that staff recommended an incorporation of a larger right of way width; commonly it is a 60 foot right of way that would allow for a parkway between the sidewalk and street trees to be incorporated. She stated the proposal does meet the subdivision code minimum requirement of a 50 feet right of way for a cul de sac serving less than 24 lots; however staff's suggestion is more of a design preference. She also stated that there wouldn't be street trees, there is a condition that there are trees planted in the front year, and the tree permit is still pending, and will be reviewed by the Board if Council moves this forward tonight. She concluded that more details are needed on the tree plan before it is brought back to DPRB. Mrs. Williams stated that both existing homes on the site were analyzed by a housing architecture firm as part of the environmental document; both are on the historical list. She added that there can be conditions for cataloging and photographic evidence. She also stated that the structures are not in great condition. Responding to Mayor Pro Tem Ebiner, Mrs. Williams answered that staff looked at the cities of Claremont, Glendora and Arcadia with floor area ratios, and they all have taken a different approach with the issue. Staff is proposing some similar standards to Claremont and Glendora but with a bit more leniency. She stated that if Council wishes staff could provide a more detailed analysis. Responding to Mayor Pro Tem Ebiner Mr. Stevens stated that the proposed homes on Commercial Street are approximately 2,000 to 2200 sq. ft. single story projects and there was no discussion about second story. He added that in that zone someone could come in the future and add second stories to these homes and currently there are no second story homes in this neighborhood. He also added that if someone wanted to build a two story home the Development Review Board would have to review the request closely to try and achieve on a case by case basis compatibility with what is in the neighborhood. He further added this project proposes 12 homes at once and they would have a different compatibility effect than a project where someone is doing an addition or two -story on a tear down. City Council Minutes August 14, 2018 Page 5 Mayor Pro Tem Ebiner, Councilmembers Vienna and Badar disclosed that they had spoken to or meet with the applicant and discussed only items that are shown in the staff report. Mayor Pro Tern Ebiner explained the public hearing process after which he opened the public hearing at 8:07 p.m. John Begin of JB Development made his presentation with the addition of a Power Point slide show. Responding to Councilmember Bertone's question Mr. Begin stated staff recommended the 400 sq. ft. garage and that pricing of the homes could be up to $1.2 million. Responding to Mayor Pro Tem Ebiner's questions Mr. Begin stated he could not build the project with staff s recommendations. He also stated there is parking on both sides of the street with sidewalks in front of the homes on the south side of the street. He further stated that he is allowed to build in other cities that have the floor area ratio, but that the price of the land is taken into consideration when designing the projects. Responding to Councilmember Badar's questions Mr. Begin stated that he suggested to the neighbor that if he did not speak out negatively about the project at the meetings, Mr. Begin would work on his garage at no cost to the neighbor. He also stated that they followed the city's guidelines and designed the homes based on what was most desirable for potential buyers in the area. Members of the audience in favor of the project spoke. 1) Philip Castruita a real estate broker in the area spoke in favor of the project and described the climate of the housing market. 2) Neighbor — spoke on the privacy issue of the Juanita Avenue neighbors and a property line dispute but supports the project 3) Anita Brady resident of San Dimas would like to purchase one of the homes in the project. 4) Scott Bauer resident of La Verne would like to purchase one of the homes. 5) Colleen Graves San Dimas resident supports the project because of the benefits to the house on Walnut Avenue. 6) Mike San Dimas resident would like to purchase one of the homes. 7) Mike Ingel San Dimas resident supports the project for increased property values and the elimination of the vacant lot. Floor opened to those in opposition. 1) Jill Meier San Dimas resident moved from Temple City because of the overly large homes being built there. She also recommended including the south side of Moore Lane in the rezoning would be fair to everyone. 2) Darryl Williams resident is concerned about the lot sizes, and would be in favor of City Council Minutes August 14, 2018 Page 6 subdividing the property. He favors Council taking the time to make sure the development is done right. City Attorney Steres clarified that there are some design issues to be discussed that relate to the rezoning but the actual house designs and approvals are not in front of the Council tonight. Mr. Begin stated that he supports an 8 foot wall for the neighbor's privacy on Juanita Avenue. He stated that he is looking for ways to deal with the encroachment issue and is willing to work with the neighbor, but asking for Council's help on this. He also stated that he has worked with Larry to redesign the wall at 342 Moore Lane and not all trees are being removed. He further stated that he did his homework and went by the rules that were in place at the time and urged Council to approve what has been approved in the past. Mark Bailey a resident is in favor of the project, but thinks some of the two -story and private street issues need to be addressed. There being no further requests to speak, Mayor Pro Tem Ebiner closed the public hearing and called a five minute recess at 9:39 p.m. Mayor Pro Tem Ebiner called the meeting to order at 9:52 p.m. and suggested discussing the ordinances first. Councilmember Bertone stated he was in favor of the zone change and feels that it is reasonable, but does have questions about the disagreement between staff and the Planning Commission on the overlay zone. The Council discussed the order in which each item should be taken and their relevance in the decision making. City Attorney Steres Mark suggested having a discussion on whether the Council is in favor of a zone change from 16,000 to 7,500 with an overlay zone or no overlay zone, without taking any action; and if there is a consensus to have the overlay zone then the discussion can move to that. Councilmember Vienna stated he is in favor of the zone change to SF 7,500 and will talk about setbacks when that discussion comes up. Councilmember Badar stated that the Council has consistently communicated to developers the 7,500 sf. $. number and feels they should not change the number. He added that he would like hear more from staff on the overlay item. Councilmember Vienna made a motion to move approval of Ordinance 1262 for the Zone Change 16 -01, it was seconded by Councilmember Badar. Mayor Pro Tem Ebiner called for Ordinance 1262 to be read by title. Staff clarified what the ordinance is giving approval for and explained that the Council could have a separate conversation on what the content of the overlay zone is when they reach City Council Minutes August 14, 2018 Ordinance1263. Page 7 Couneffinember Vienna amended his motion to approve the zone change excluding the overlay zone, it was seconded by Councilmember Badar. Couneffinember Vienna withdrew his motion after City Attorney Steres explained that it would be too cumbersome to move the approval in this particular direction. City Attorney Steres and Assistant City Manager of Community Development Larry Stevens provided further explanation of the two ordinances. Mr. Steres suggested instead of trying to adopt an ordinance at this point that Council discuss the overlay zone item and then move onto the ordinances. He added that the some of the language in Ordinance 1263, exhibit "A ", condition number 7 needed to be corrected. Councilmember Bertone asked if Ordinance 1263 is what the Planning Commission recommended. Mr. Stevens answered that Ordinance 1263 is the Planning Commission's recommendation. Mayor Pro Tem Ebiner expressed his reservations with the change to the overlay zone stating the Council should go with staff s recommendation, because the planning standards are not strict enough to make sure the development is more compatible with the neighborhood. He added that at the June 20-18 2015 Study Session where the Council allowed the zone change to go forward, there were some generalized criteria and overriding principals included in the material and discussion that the Council indicated they wanted. He feels that these are needed to be able to control the overlay zone and size limitations and would help to make sure that this kind of large development which is out of scale with the neighboring properties does not start on this extension of Third Street and continue on. He further added that unless some type of overlay zone is adopted for the rest of the city and town core, Council and staff will begin to see more of these types of proposals. He offered that the reason this took so long was because staff tried to work with the developer to get a compatible development that would fit in with the surrounding neighborhood. Council had further discussion on compatibility that included some comments on Floor Area Ratios. Councilmember Vienna feels that it would be late in the game to change the rules and this isn't the project to do that. He added that history shows that these were 7,500 sq. ft. lots before they were 16,000 sq. ft. lots and now going back to 7500. He further added that he has no problem with either of the numbers for the setback in the overlay. Councilmember Bertone stated that he does not feel that 15 sq. ft. is enough of a rear setback for this project. Councilmember Vienna and Badar stated they were leaning towards the Planning Commission's recommendation. City Council Minutes August 14, 2018 Page 8 City Attorney Steres explained that 3 votes are need to introduce both ordinances, and if there aren't three votes for the ordinance on the zone change then it is deemed denied and the property remains SF 16,000. A motion can be made to introduce both ordinances Couneffinember Badar made a motion to waive further reading and introduce Ordinances 1262 and 1263. Councilmember Vienna seconded. After reading by title Ordinance 1263, Assistant City Clerk Debra Black took a roll call vote. Badar: Yes Bertone: No Ebiner: No Vienna: Yes The motion failed by vote of two to two (2 -2). Mayor Pro Tern Ebiner asked if there was an alternate motion to be made or further discussion. Mayor Pro Tem Ebiner suggested continuing the public hearing for staff and the developer to work towards a solution. Councilmember Badar made a motion to continue the public hearing to two weeks for the next City Council meeting of August 28th, 2018 at 7:00 p.m. It was seconded by Councilmember Bertone. Mr. Stevens asked if it was Council's desire that there be further discussions about the number of one story lots and the F.A.R. The consensus was that staff should have the discussion with the developer on these two matters. He stated that staff would do the math for both the Planning Commission and staff's recommendations. Mr. Steres clarified that the motion was to reopen the public hearing for continuance to the August 28th, 2018 City Council meeting. Mayor Morris returned to the dais at 10:26 p.m. Members of the Audience (Speakers are limited to five (S) minutes or as may be determined by the Chair.) Seeing no one come forward the meeting moved onto other communications. a. City Manager Mayor's call in show Thursday, August 16 at 7:00 p.m. b. City Attorney Announcement of closed session item. City Council Minutes August 14, 2018 c. Members of the City Council Page 9 1) Councilmembers' report on meetings attended at the expense of the local agency. Nothing reported. 2) Individual Members' comments and updates. Councilmember Badar comments and statements: ® Request for numbering sequence throughout staff reports ® Emmett thanked everyone for attending birthday BBQ. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATI ®N Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of Case: City of San Dimas v. Metro Gold Line Foothill Extension Construction Authority (Los Angeles Superior Court Case No. BS 171326) Following the closed session the regular meeting reconvened in Cit Council Chambers_where the City Attorney announced that the City Council diseussed and )rovided direction to staff - - re ag °di.ng settlement negotia4_ions. No action was taken to b� reported. The lneetin adjourned at 10:55 -1?.fm 14 e -one tin rec c�at� 0 31p m�lae -ne stn i ors u us T204S - -at=7 N -n- Assistant City Clerk Approved: September 11, 2018 Mayor