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HomeMy WebLinkAboutMinutes - City Council - 1998-03-23 72 Redding City Council Adjourned Regular Meeting Council Chambers 1313 California Street Redding, California March 23, 1998 5:15p.m The Adjourned Regular Meeting of the Redding City Council was called to order by Mayor Murray with the following Council Members present: Anderson, Kehoe, McGeorge and Murray. The following staff members were also present: Assistant City Manager Perry, City Attorney Wingate, Director of Public Works Russell, Director of Development Services Swanson, Planning Manager Keaney, Senior Planner DeMallie, City Clerk Strohmayer and Assistant City Clerk Moscatello. CONTINUED PUBLIC HEARING - Request for Amendment to Planned Development PD-1-94, Tierra Oaks Subdivision, by Blackpointe Homes, inc. (L-010-211.-002) Mayor Murray opened the Continued Public i-Learing re Amendment to Planned Development PD-1- 94, Tierra Oaks Subdivision. The following document is on file in the office of the City Clerk. Affidavit of Continued Public Hearing Letters protesting the Amendment to Planned Development PD-1-94 were received from Jon and Jeannie Bayers, Bill Carlson, Donald K. MacDonald, Kathy Villacres and Jay and Penny Gibson are on file in the office of the City Clerk. Mayor Murray requested that the matter of the Altar Rock archeological site be considered first. Senior Planner DeMallie reviewed the Memorandum to City Council dated March 20, 1998, outlining the request by Carol Martin, representing the local Wintu Tribe, to include a project condition for Tierra Oaks Planned Development for a fence adjacent to a 1.9 acre parcel dedicated by the previous developer for protection of Altar Rock, a rock feature with historical and religious significance to the Wintu Indians. Mr. DeMallie conveyed that the Blackpointe Homes has offered to provide the fencing materials if the Indian Tribe will assume responsibility for installation. Condition No. 70 addresses this matter. Charlene Ward, member of the Wintu Tribe (Tribe), stated that Altar Rock is used in the Indian's spiritual practice and she asked for Council's assistance for protection of the site. Mrs. Ward stated that the site should be protected by some type of fencing and she asked that the Tribe not be responsible for erecting or maintaining the fence. Carol Martin, 3571 Oasis Road, member of the Wintu Tribe, submitted a letter from her dated March 23, 1998, and a letter from Eric W. Ritter, Ph.D. dated March 19, 1998, which are incorporated herein by reference. Noting that many of the Wintu Tribe are elderly, Ms. Martin requested that the Tribe not be responsible for erecting the fence around the Altar Rock area, and she requested that inmate labor not be used to build or maintain the fence. Noting that increasing the density near the Altar Rock area would intensify the risk of intrusion into the area, Ms. Martin requested that the density not be increased on the boundary of the Altar Rock site. Ms. Martin requested that the entire 1 .9 nine acres be fenced or all land owners bordering both the Church Rock and Altar Rock sites be required to erect fences on their property and a border of vegetation, such as manzanita, be established to provide privacy. If Blackpointe Homes receives 3/23/98 73 approval for this development, Ms. Martin requested that the density be reduced from ten lots to 4 - 5 lots near Altar Rock in order to eliminate homes near the stream bed. She expressed concern about the use of insecticides on landscaping passing through this site into Stillwater Creek. Ms. Martin conveyed that access must be provided to the site and a pathway along the existing sewer line may be an option. Council Member McGeorge stated that the developer has offered to provide fencing material and he opined that the Tribes should erect the fence. He agreed that vegetation should be planted along the wire fence to reduce visibility. Council Member Anderson agreed that if the developer furnishes the fencing materials, the Tribe should install the fence. He suggested the Redding Rancheria might assist the Tribe with installation of the fence. Mayor Murray noted that staff has been directed to correct the mitigation measures for Church Rock. He stated that the City's commitments, as negotiated, should be honored; however, he has a problem with expanding the area to the Rock Altar. Sheldeen Wilka, Gas Point Road, said it was her understanding that the original development plan is being changed to increase the number of building lots; therefore, the Tribe is concerned about additional impacts on the site. She explained that the Tribe is not asking for more protection or more land; it is only asking that the former agreement be adhered to and the site be preserved in an acceptable manner. Kessner Flores, Williams, California, stated that he is the Director of Tribal Environmental Protection Programs. Mr. Flores opined that water flow is an important part of this site, and past studies failed to seek out the people who had knowledge of the site. He recalled that the past City Council and the developer understood that they were not going to change the flow of the water and once the sewer was dug, the stream bed would be returned to its natural state to stop erosion or degradation to the site. Noting that they can work together, Mr. Flores asked Council to involve the Tribe early in the process. Mr. Flores explained that earlier studies did not include the Altar Rock site because the Elders did not advise the archaeologists out of fear that people may want to take pieces of it. He expressed hope that this Council will look at new ways of doing business with Native Americans. Council Member McGeorge said he supports the proposal for Blackpointe Homes to provide the fencing materials and the Wintu Tribe provide the installation and maintenance of the fence, and he concurred that the City should be responsible for its prior agreement. MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, to add Condition No. 70 to the Conditions of Approval for Blackpointe Homes stating that with the construction of subdivision improvements within the first phase of Portofino Village, a 3-strand, nonbarbed-wire fence shall be constructed on the common property line between the subdivision and the 1.9 acre Rock Altar property. The developer may submit an alternative fence type for approval during final plan review. In addition, the City will be responsible for its agreement to fence the original Church Rock site and bring it up to appropriate standards. The Vote: Unanimous Ayes. Development Services Director Swanson reviewed the Report to City Council dated March 12, 1998, which is incorporated herein by reference. Mr. Swanson recalled that City Council continued the public hearing in order to conduct a field trip on February 26, 1998, to the project site. The recommendation of the Planning Commission to approve the amendment to the Tierra Oaks Planned Development and adopt a mitigated negative declaration is back before Council tonight for consideration. Mr. Swanson outlined staff's recommendation to modify Conditions of Approval Nos. 4, 8, 9, 11, 13, and 15, delete Condition No. 14, and approve new Condition Nos. 68 and 69. Mr. Swanson noted that these changes are a result of Council's comments. He also outlined staff's recommendations regarding six concerns of City Council: (1) the timing of construction of the new 3/23/98 74 southern entrance gate off Old Oregon Trail; (2) the ten lots within the Palermo Village backing up to the golf course fairway being custom-home lots; (3) all of the Palermo homes having side-entry garages; (4) a third gated entrance being installed on Tierra Heights Drive between the existing 86 lots and the new Tuscany Village; (5) certain lots in the Tuscany and Portofino Villages located in natural drainage courses being eliminated, and (6) the minimum production-home size be 1,600 square feet. Mr. Swanson indicated that staff continues to support a minimum home size of 1,600 square feet. Mr. Swanson also recommended that an additional condition be applied to the amendment requiring payment of a$1,100 per-lot fee, to be collected with recordation of a final map for each phase of the development to be applied toward the extension of the future Upper and Middle Stillwater Creek gravity sewer trunk lines necessary to serve the Tierra Oaks project. It is, therefore, the recommendation of staff that City Council make the necessary findings approving the mitigated negative declaration and approve the Blackpointe Homes amendment to PD-1-94 incorporating the modifications outlined above. If Council concurs with the Planning Commission's and staff's recommendations for approval of the project, Council may offer the ordinance for first reading and the necessary amendment to the Tierra Oaks Annexation and Development Agreement will be brought to Council at the next meeting. Mayor Murray asked for clarification on the difference between Alternative 1 and Alternative 2. Senior Planner DeMallie stated that Alternative 2 is identical to Alternative 1 except that Condition No. 56b is revised to establish a minimum house size of 1,600 square feet. Rhonda Baskins, 19794 Escada Court, stated that she lives in Tierra Oaks. She submitted a list of 21 lot owners in the area who are opposed to the proposed amendments to the Planned Development. Ms. Baskins stated that she cannot accept a project that requires clear cutting and grading of lots. She explained that the native trees and slopes are what make the area and Tierra Oaks Golf Course unique. Ms. Baskins stated that the construction of new homes in the planned development should be consistent with the homes that are already built and the natural beauty of the area should be preserved. Ralph Gasser, 8958 Nob Hill Circle, expressed his opposition to the proposed amendments. Noting that Tierra Oaks is one of the finest residential communities in northern California, he asked Council to carefully consider the changes that Blackpointe Homes is requesting. He urged Council not to change a project that has already been established. Dick Tews, 13201 Moody Creek, stated that he is a neighbor of the Tierra Oaks Golf Course and lives on the end of the 8th green. He said that when he built his home, he was told that custom homes would be build on the 8th fairway. Mr. Tews requested that the original concept of large lots and 2,200 square-foot homes be maintained. Pat Harrington, 1877 Gold Hills, stated that he owns property in Tierra Oaks. Mr. Harrington asked Council to deny the proposed amendments and requested that the Planned Development be sent back to staff and the Planning Commission for further review. He opined that 1,400 square-foot homes are too small for this development. Stewart Duncan, 7073 Tucker Lane, stated that he is a member of the Tierra Oaks Golf Course. Mr. Duncan stated that he is opposed to this project and he empathizes with the residents of Tierra Oaks. He opined that this is precedent setting and a devastation of beautiful property. Mr. Duncan pointed out that Tierra Oaks is a private golf course and he questioned how Council can ensure that it remains that way. Richard Villacres, 679 Hilltop Drive #24, stated that the planning process has been very frustrating. He conveyed that he had hoped for reasonable changes, but the developer has been unyielding. He relayed that the issue is preservation of beauty, and he opined that it will be expensive to maintain the amenities planned by Blackpointe Homes. Mr. Villacres asked Council to deny the increase in 3/23/98 75 density, maintain the 15,000 - 20,000 square foot lot size, establish a 1,600 square-foot minimum house size and set specific architectural standards. He also requested that Belleterre I and II and Palermo be required to comply with the CC&R's in Unit 3 so they may be annexed into the Unit 3 Homeowner's Association without the financial liability and burden of the amenities package associated with Tivoli, Tuscany and Portofino. Jay Gibson, 16185 Plateau Circle, stated that he bought his property because of the opportunity to live in a rural setting with City amenities. Mr. Gibson stated that the proposed changes are too much and too fast. He asked Council if there are any guarantees that the amended project will be successful, and he expressed his concern about the negative impact on property values in the original Tierra Oaks subdivision. Tim Mclndoo, 4330 Glen Vista Ct., stated that he joined the Tierra Oaks Golf Club because it was an exclusive membership club. He stated that Council has an obligation to the taxpayers and people in this County. He pointed out that the developer knew what the project requirements were when the property was purchased. He asked Council to wait a couple years, watch what happens to the project and then determine if changes are necessary. Mr. Mclndoo contended that the developer only wants to make more money by increasing the density. Bill Carlson, 13395 Tierra Heights Road, stated that the proposed amendments are too drastic and the lots are too small. Mr. Carlson conveyed that throughout this process, staff, the Planning Commission and the City Council have been accessible and courteous. Unfortunately, he said the process has been, and continues to be, blocked. Mr. Carlson stated that the City is under pressure to move forward with the amended project to enable the collection of the assessment bonds which are currently in default. Mr. Carlson asked Council to preserve the original plan. City Attorney Wingate stated that the bonds were first in default in 1995 and the Trustee holder foreclosed. He explained that the Trustee holder, not the.developer, brought the bonds current. Mr. Wingate explained that the current developer is in default on the bonds, the City Council authorized foreclosure proceedings; and since that time, the City has been negotiating for payment of the bonds. He added that the assessment district, when approved, was viable and continues to be viable. Mr. Wingate explained that the average bond assessment is $15,000 per lot and the value of the property is substantially larger than that. In addition, the interest rate that the City earns on nonpayment of bonds is three times what the City could earn on other investments. Mr. Wingate conveyed that it is better to negotiate a settlement; and if that does not occur, the City will foreclose. Mr. Carlson clarified that the process is tainted as a result of the outstanding obligations and they will only be brought current with approval. In his opinion, there is undue pressure to approve the project. Alex Ragalovich, 16275 Winsome Way, stated that he owns a lot in Tierra Oaks and is in the process of building a home. He stated that Blackpointe Homes has a cash flow problem and is in debt to the City of Redding. He opined that once the Planned Development is approved, Blackpointe Homes will borrow the money to pay the City of Redding. Mr. Ragalovich stated that Tierra Oaks Golf Course is a real jewel and people are looking for homes with open space. He predicted that reducing the lot sizes would not enhance the area, and the project could still go into foreclosure. David Lonich, 6727 Eastmont Drive, representing Blackpointe Homes, confirmed that it is their intent to bring the bonds current with approval of the project. Mr. Lonich explained that the original PD-1- 94 included Unit 3 with its existing 86 lots. He clarified that PD-1-94 did not impose housing restrictions on Unit 3, the CC&Rs adopted by the preceding developer created the requirements for house sizes, etc. Mr. Lonich conveyed that the balance of PD-1-94 under discussion for amendment is Unit 5, known as Belleterre I, Belleterre 11 and Palermo, and Unit 6, known as Tuscany, Portofino and Tivoli Villages. He stressed that when the City approved the project, there were no minimum home sizes or grading restrictions imposed on Units 5 and 6. The minimum lot size was 20,000 square feet, there was no open space, and the roads were more intensive. 3/23/98 76 Mr. Lonich continued that no CC&Rs exist on Units 5 and 6, and Blackpointe Homes has agreed to make Belleterre I and II custom homes and modify the ten lots along the 8th fairway in Palermo Village. They are willing to make five of those lots available for custom homes with a minimum house size of 2,000 feet and make the remaining five lots Palermo homes. Mr. Lonich stated that in order to maintain the market distinction between Tuscany and Portofino homes and the Palermo and Tivoli homes, a minimum house size of 1,400 square feet must be established. Noting that if Council decides to establish a minimum home size, Mr. Lonich recommended a minimum size of 1,500 square feet for Tuscany, Portofino and Tivoli homes conditioned on the removal of the requirement for a maximum of 20% of these homes. Mr. Lonich objected to the proposed $1,100 per lot fee for future Stillwater sewer system improvements while pointing out that he has been working with staff since May of 1997, and this fee was never a consideration. Mr. Lonich stated that the sewer fee was deleted from the project when the annexation agreement with the prior owners was amended for the fourth time. He conveyed that the project was purchased with that development agreement intact. Mr. Lonich said the fee will have a $400,000 adverse impact on this project. Noting that Blackpointe Homes was told about this fee last Friday, Mr. Lonich stated that at this stage of the proceedings, imposing the fee is unfair. He conveyed that Tierra Oaks does not need to be a participant of the sewer system and did not ask to be a part of the sewer system. Mr. Lonich stated that the language in Condition Nos. 8, 9 and 11 places an undue burden on the development. He explained that as currently written, Blackpointe Homes cannot proceed with the balance of the development until the realignment of Old Oregon Trail is completed. He explained that they will be funding this project with hundreds of thousands of dollars from permits, and they should be allowed to commence the project and bond for its completion so they may continue developing. Mr. Lonich requested that Condition No. 13(d) be clarified to indicate that Blackpointe Homes be allowed to move the barrier north as the Tuscany project is developed, and he requested that the conditions acknowledge that Blackpointe Homes has the right to phase the final maps for each village. Mr. Lonich clarified that they are proposing no changes to existing Unit 3, the existing entrance will be maintained and they have agreed to increase the CC&Rs of Unit 3 to Belleterre I and II, an additional 29 lots. He stated that they have agreed to build a new south entrance, widen Old Oregon Trail, build two new bridges and a security gate, and reduce traffic through the entire community and on Old Oregon Trail. There being no further public comments, Mayor Murray closed the public hearing. RECESS At the hour of 7:45 p.m., Mayor Murray declared the meeting in recess. At the hour of 7:53 p.m., Mayor Murray reconvened the meeting. CONTINUED PUBLIC HEARING Council Member Anderson asked for clarification on the deletion of the $1,100 sewer fee. Mr. Swanson explained that the sewer fee was removed from the development agreement in 1993. Staff added the fee as a result of Council's discussion last week regarding the necessity to fund permanent 111 improvements in Stillwater drainage basin. Mr. Swanson indicated that payment of the fee can be made at the building permit stage or at the time of lot sale. It does not have to be paid with recordation of the map. Council Member Kehoe noted that some speakers stated that the developer, Blackpointe Homes, knew what it was buying into and it, therefore, should not be permitted wholesale changes, and the homeowners felt their agreement was set in concrete and there should be no changes to the original conditions. 3/23/98 77 Mr. Wingate stated that the facts are in writing, i.e., the subdivision public report and the CC&Rs adopted and recorded by the developer which continue to be an ongoing requirement. He noted that a copy of the subdivision public report with CC&Rs is provided to every first time buyer. Mayor Murray noted that the CC&Rs specifically state there is no assurance that the total project will be completed as defined in Unit 3. Council Member McGeorge objected to last minute changes, and he asked how the Stillwater system would be affected if the $1,100 fee was not implemented. Mr. Swanson responded that if the 300 unrecorded lots in this project are exempted from the fee, it would increase the fee for every other unit not in Tierra Oaks by $127. Council Member McGeorge noted that he does see anything in this project that can be construed as clear cutting. Mr. Swanson assured Council that there will not be grading and cutting in the open space area, there will only be brush removal for fire protection. Council Member Anderson asked if bonding for the completion of Old Oregon Trail improvements is acceptable to staff, and Mr. Swanson replied affirmatively. In addition, Mr. Swanson stated that Mr. Lonich has the right to phase the final map for each village. Mayor Murray stated that the CC&Rs on Unit 3 require the approval of 67% of the total voting power of the Homeowners Association and 51% or more of the eligible first mortgagees to obtain an amendment of a material nature. Therefore, any material change to the CC&Rs must be approved by the owners. Mayor Murray stated that the gated community should be maintained in Unit 3 and the view on 8th fairway should be maintained. Mayor Murray pointed out that the developer of the remainder of property has no requirement to build anything on it that conforms to what is currently in Unit 3. Mayor Murray refuted the inference that staff has been coerced by the bond default, and he stated that the project should not be charged the $1,100 sewer fee. Mayor Murray opined that people cannot tell the difference between a I,400 and 1,600 square-foot house, and a small house can look substantially bigger with a higher roof pitch He added that he is disappointed with the construction criteria outlined in Exhibit G. City Attorney Wingate clarified that staff will review the CC&Rs for conformance to the planned development, and the CC&Rs are approved by the Real Estate Commissioner. Mr. Swanson added that the Board of Administrative Review will approve the design guidelines, and they are appealable to the Planning Commission and ultimately the City Council. Mayor Murray opined that the project is reasonable and there has been significant compromise. The homeowners had significant influence at the Planning Commission and City Council level. Regarding the greater public good, Mayor Murray pointed out that in exchange for the planned development, the community as a whole benefits by the realignment of Old Oregon Trail, the construction of two bridges and a south entrance. He noted that there have been 19 accidents and three deaths on Old Oregon Trail in the past five years. Mayor Murray recommended that Council uphold the decision of Planning Commission as modified and approved in Alternative 1. Council Member Kehoe stated that he empathizes with the homeowners, the property owners and the developers. He pointed out that both sides believe the City is being unfair; therefore, it is incumbent for Council to achieve a compromise. Council Member McGeorge agreed. Noting that a stalled project could reduce property values, Council Member Anderson said it is in the best interest of the current property owners that the project move forward. Council Member Anderson recommended that five of the lots on the 8th fairway be custom homes of no less than 2000 square feet and the other five lots be Palermo Homes as follows: two homes at 2,146 square feet; two homes at 2,060 square feet and one home at 1,856 square feet, to be interspersed among the five custom homes. Council Member Anderson said he preferred Alternative No. 2 requiring homes of no less than 1,600 square feet. 3/23/98 78 MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe ratifying the mitigated negative declaration approved by the Board of Administrative Review on March 25, 1998, finding that (1)Project is compatible with the Redding General Plan; (2) Project will not significantly alter existing land form; (3) Project is compatible with surrounding land use; (4) Project is compatible with the Code of the City of Redding, California, and (5) Mitigation measures have been incorporated into the project to reduce impacts to less than a significant level. Council approves the amendment to PD-1-94 subject to the conditions of approval forwarded by the Planning Commission with the revision of Conditions 4, 8, 9, 11, 13 and 15; deletion of Condition 14; and the addition of Conditions 68 and 69 as presented in the City Council staff report dated March 12, 1998, with further additions and revisions as follows: The addition of Condition 70 requiring the developer to identify the common property line between the subdivision and the Rock Altar property and to donate the materials for construction of a three-strand wire fence on said property line with labor to be provided by others; amendment to Condition 56b to establish a minimum house size of 1,600 square feet; amendment to Condition 69 to allow payment of the Stillwater sewer fee with issuance of a building permit; amendment to Condition 1 to require that five of the ten Palermo lots adjacent to the golf course fairway be reserved for custom homes containing a minimum of 2,000 square feet and the remaining five lots developed with two 2,416-square-foot Palermo models, two 2,060-square-foot Palermo models, and one I,856-square-foot Palermo model; and amendments to Conditions 8, 9 and 11 to allow bonding of the required improvements to Old Oregon Trail as an alternative to completion and acceptance by the City. An amendment to the Tierra Oaks Annexation and Development Agreement will be brought back to Cou„cil for adoption. Voting was as follows: Ayes: Council Members - Anderson, McGeorge and Kehoe Noes: Council Members - Murray Absent: Council Members - None Council Member Anderson offered Ordinance No. 2212 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-1-94). MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2212 be waived and the City Attorney be instructed to read the ordinance by title only. The Vote: Unanimous Ayes PUBLIC COMMENT (A-050-060) Kip Lee, 2045 Shasta Street, requested that an item be placed on an upcoming agenda to consider changing the name of Redding to Enterprise. ADJOURNMENT There being no further business, at the hour of 8:35 p.m., Mayor Murray declared the meeting adjourned. APPROVED: ‘6W21414, Ken Mu ay, Ma or ATTEST: / . �� • t Connie Strohmayer, City irk 3/23/98