CITY OF EAST PALO ALTO PLANNING COMMISSION MEETING MONDAY, JUNE 11, 2018 – 7 ...

565 Pages·2017·13.03 MB·English

by  Brad Tarr

Planning Commission Meeting Agenda
June 11, 2018

Page 1

C I T Y O F E A S T P A L O A L T O
PLANNING COMMISSION MEETING

MONDAY, JUNE 11, 2018 – 7 P.M.

East Palo Alto Government Center

2415 University Avenue, First Floor – City Council Chambers

East Palo Alto, CA 94303

==========================================================================
PLANNING COMMISSION AGENDA

Chairperson: Robert Sherrard

Vice Chairperson: Briana Carter

Commissioners: Robert Allen Uriel Hernandez
Ofelia Bello Javanni Munguia-Brown
Kyra Brown Court Skinner (Alternate)

Staff: Rafael E. Alvarado Jr., City Attorney
Valerie Armento, Special Counsel
Sean Charpentier, Assistant City Manager
Leticia Garcia, Secretary
Michelle Markiewicz, Assistant Planner
Guido F. Persicone, Planning Manager

Notice of Availability of Public Records: All public records relating to an open session item which
are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority
of the advisory bodies will be available for public inspection at the Community and Economic
Development Department, 1960 Tate Street, East Palo Alto, CA at the same time that the public
records are distributed or made available to the advisory bodies. Such documents may also be
available on the East Palo Alto website www.ci.east-paloalto.ca.us subject to staff’s ability to post the
documents prior to the meeting. Information may be obtained by calling [phone].

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related
modifications or accommodations, aids or services may be made by a person with a disability

to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202
of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in
implementation thereof.

========================================================================
1. CALL TO ORDER AND ROLL CALL

A. Introduction and swearing in of our new Commissioner Ofelia Bello and
re-appointment of Commissioner Uriel Hernandez and Commissioner Court Skinner

2. APPROVAL OF THE AGENDA (Government Code §54957.7(a))

1

1
Planning Commission Meeting Agenda
June 11, 2018

Page 2

3. COMMUNITY FORUM

Notice to the public: Anyone wishing to address the Planning Commission on any matter
for which another opportunity to speak is not provided on the Agenda, and which is within
the Commission’s purview, is requested to submit a completed Speaker Sheet to the
Planning Commission Secretary. When your name is called, step to the podium and
address the Commission. Each speaker is limited to two minutes. The Commission may take
information, but may not take action on any item not on the agenda.

4. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS

Notice to the Public: Members of the public wishing to address the Planning Commission on
the Consent Calendar Items are requested to submit a completed speaker sheet to the
Planning Commission secretary. Each speaker is limited to two minutes. The Planning
Commission Chair has the discretion to lengthen or shorten allotted times. There will be no
separate discussion of Consent Calendar items as they are considered to be routine by the
Planning Commission and will be adopted by one motion. If a member of the Planning
Commission, staff, or public requests discussion on a particular item, that item may be
removed from the Consent Calendar and considered separately.

5. CONSENT CALENDAR
Recommendation: That the Planning Commission adopts the Consent Calendar as
indicated below.

A. Adopt the February 26, 2018 Planning Commission minutes, as presented in the
packet, as an accurate reflection of the meeting.

6. PUBLIC HEARINGS

A. Subject: Zoning Text Amendment ZTA 18-001 (Repeal the 2003 Zoning Code
Code and the 1983 Subdivision Regulations and replace with the 2018 Development
Code)
Location/APN: Citywide
Proposal: Planning Commission recommendation to the City Council to repeal the
2003 Zoning Code and the 1983 County of San Mateo Subdivision Ordinance and
Replace with the 2018 Development Code.
Project Planner: Guido F. Persicone, Planning Manager, 650-853-3148,
[email protected]

2

2
Planning Commission Meeting Agenda
June 11, 2018

Page 3

B. Subject: A Design Review (DR17-003) for a new single-family residence.
A Variance (V 18-001) is being requested from the 750 sq. ft. rear yard open space
requirement in order to preserve a tree in the front of the parcel.
Location/APN: 2219 Addison Avenue/APN 063-171-510
Owners/ Applicant: Michael Howes/ Raynold Viotti
Proposal: Applicant is proposing a new two story single-family home with attached
(1) one car garage. This new residence will be approximately 1,352 square feet on a
3,300 square foot lot.
Staff Recommendation: Approve the Design Review (DR17-003) proposal for a
new two story single-family home with attached (1) one car garage and find the
project is exempt from California Environmental Quality Act (CEQA) pursuant to
Section 15303 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines.
Project Planner: Michelle Markiewicz, 650-853-3195Assistant Planner,
[email protected]

C. Public Hearing: To consider the consistency of new projects of the Ten-Year
Capital Improvement Program (CIP) with the 2035 General Plan
Location: Citywide
Proposal: Consideration of a finding that the Draft Ten-Year Capital Improvement
Program (CIP) is in conformance with the 2035 East Palo Alto General Plan.
Recommendation: Staff recommends finding that the Ten-Year CIP is in
conformance with the General Plan
Project Manager: Kamal Fallaha, Public Works Director, [email protected],
650 853-3189
ITEM CONTINUED TO THE JUNE 25TH MEETING

7. INFORMATIONAL ITEMS

A. Regional Planning Update - Commissioner Bello

B. Commissioner Skinner - Certificate of Appreciation

C. June 18, 2018 - City of East Palo Alto 35th Anniversary Celebration at City Hall from
5PM-7PM.

8. ADJOURNMENT

This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members
of the public can view electronic agendas and staff reports by accessing the City website at
http://www.ci.east-palo-alto.ca.us/AgendaCenter and can receive e-mail notification of agenda
and staff report postings by subscribing to the “Notify Me” service at http://www.ci.east-palo-
alto.ca.us/list.aspx#agendaCenter Agendas and staff reports may also be obtained by
contacting the Planning Division’s Office 650-853-3165.

Posted: June 8, 2018 at 9:45 a.m.
3

3
Planning Commission Meeting Agenda
June 11, 2018

Page 4

Upcoming Planning Commission Meetings
June 25, 2018  RV Safe Parking Program-Temporary Use Permit

 116 Lotus Way-Design Review Extension

Planning Commissioner Seats as of June 1, 2018
Seat Commissioner Expires Seat Commissioner Expires
1 Briana Carter 5.31.19 5 Kyra Brown 5.31.19
2 Robert Allen Fisk 5.31.19 6 Javanni Munguia-Brown 5.31.20
3 Uriel Hernandez 5.31.21 7 Ofelia Bello 5.31.21
4 Robert Sherrard 5.31.21 8 Court Skinner (Alternate) 6.12.18

Notice: A challenge to the above items in court may raise only those issues which were raised at the public hearing described in this
notice or in written correspondence to the City of East Palo Alto at, or prior to, the public hearing. For your comments to be fully
considered, you must (1) attend the meeting, or (2) submit written comments to the Planning Division or (3) submit written
comments to the Planning Commission before the Planning Commission takes action on the above item. The Americans with
Disabilities Act (ADA) requires reasonable accommodation and access for the physically challenged. Those requesting such
accommodation should contact the Planning Division office at [phone] three days before the hearing date. Additionally,
those wishing to include an electronic media presentation must furnish/provide their own equipment. For further information
regarding these items, you may contact the City of East Palo Alto Planning Division at 1960 Tate Street, or call [phone].

Nota: Una apelación ante la corte acerca de los asuntos arriba mencionados, únicamente pueden incluir asuntos que fueron
discutidos en la audiencia pública, o que fueron comunicados por correspondencia escrita a la ciudad de East Palo Alto, durante,
o antes de la audiencia pública. Por lo tanto, para que sus comentarios sean considerados usted debe de (1) asistir a la reunión y
discutir el asunto que usted considere pertinente, (2) o someter comentarios por escritos a la División de Planeación, (3) o
someter comentarios por escritos a la Comisión de Planeación antes de que la Comisión de Planeación tome acción en el asunto
arriba mencionado. El Acta de Americanos Deshabilitados (ADA) requiere proveer acomodación y acceso razonables a
individuos con dificultades físicas. Las personas que soliciten tal acomodaciones deben ponerse en contacto con la oficina de la
División de Planeación al [phone] tres días antes de la fecha de la audiencia. Además, ésos que deseen incluir medios
electrónicos en la presentación, deben equipar/o proporcionar su propio equipo. Para obtener información adicional con
respecto a los asuntos arriba mencionados, usted puede contactarse con la División de Planeación de la ciudad de East Palo Alto,
en el 1960 de la Calle Tate, (1960 Tate St.) o llamar al: (650) 853-3186.
Mission Statement
The City of East Palo Alto provides responsive, respectful, and efficient public services to enhance the
quality of life and safety for its multi-cultural community.
4

4
Planning Commission Meeting Minutes
Date: 06.11.2018
February 26, 2018
Item: 5A
Page 1

CITY OF EAST PALO ALTO

PLANNING COMMISSION - R EGULAR MEETING

MONDAY, FEBRUARY 26, 2018 – 7:00PM

ACTION MINUTES

DRA FT
EAST PALO ALTO GOVERNMENT CENTER
2415 UNIVERSITY AVENUE - FIRST FLOOR – CITY COUNCIL CHAMBER

CHAIRPERSON: Robert Sherrard

VICE CHAIRPERSON: Briana Carter

COMMISSIONERS: Robert Allen, Kyra Brown, Javanni Munguia-Brown, Uriel Hernandez
(Alternate), Alex Quezada, Court Skinner

STAFF PRESENT: Rafael E. Alvarado Jr., City Attorney
Guido Persicone, Planning Manager
Michelle Markiewicz, Assistant Planner
================================================================
REGULAR MEETING

1. CALL TO ORDER AND ROLL CALL
The Planning Commission (PC) meeting was called to order at 7:01 p.m. by Chair
Sherrard.

PRESENT: Allen, Brown, Carter, Hernandez, Sherrard, Skinner
ABSENT: Munguia-Brown, Quezada

2. APPROVAL OF THE AGENDA (Government Code §54957.7(a))
Action: Upon motion, by Commissioner Skinner and seconded by Commissioner Allen,
the Planning Commission unanimously voted 6-0 to approve the agenda as amended by
Chair Sherrard, deferring the Planning Commission Re-organization items to after May 31,
2018. Motion approved.

3. PLANNING COMMISSION REORGANIZATION
A. Nominations and Selection of Chairperson
B. Nominations and selection of Vice Chairperson
C. Comments by the new Chairperson and Vice Chairperson

Item was deferred to after May 31, 2018, during the approval of the agenda.

4. COMMUNITY FORUM
There were no speakers for Community Forum.

1

5
Planning Commission Meeting Minutes
February 26, 2018
Page 2
5. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
There were no speakers for Public Comment Regarding Consent Calendar Items.

6. CONSENT CALENDAR
A. 2018 Planning Commission Meeting Calendar

Action: Upon motion by Commissioner Skinner and seconded by Madam Vice
Chair Carter, the Planning Commission unanimously voted 6-0 approving the consent
calendar. Motion approved.

7. PUBLIC HEARINGS
A. Subject: A Conditional Use Permit for a tenant improvement for a dentistry office.
Location/APN: 1805 Bay Road/APN 063-133-130
Owners/ Applicant: Wang Philip & Louise Lessor/ Luisa Buada
Proposal: Applicant is seeking to convert 3,017 square feet of the existing Dental
Clinic through a Conditional Use Permit to expand existing dental clinical space.
Staff Recommendation: Approve the tenant improvement for a dentistry office through
a Conditional Use Permit (CUP 16-004) and find the project is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines.
Project Planner: Michelle Markiewicz, Assistant Planner, [email protected]

Assistant Planner, Markiewicz delivered the presentation.

Action: Upon motion by Madam Vice Chair Carter and seconded by Commissioner
Brown, the Planning Commission unanimously voted 6-0 to open the public hearing.
Motion approved.

The following individuals spoke on this item:

 Luisa Buada  Mayra Tirado
 Christina Meacham  Linda Rios
 Sensertia Conley  Maria Arciga
 Ana Gomez  Danny Perez
 Melini Talakai  Pia Thurlemann
 Marcellene Combs

Action: Upon motion by Commissioner Skinner and seconded by Commissioner
Hernandez, the Planning Commission unanimously voted 6-0 to close the public hearing.
Motion approved.

Action: Upon motion by Commissioner Skinner and seconded by Commissioner
Hernandez, the Planning Commission unanimously voted 6-0 to approve the tenant
improvement for a dentistry office through a Conditional Use Permit (CUP 16-004) and
find the project is exempt from California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines. Motion approved.
2

6
Planning Commission Meeting Minutes
February 26, 2018
Page 3

8. INFORMATIONAL ITEMS
A. Planning Commissioner Academy Update April 4-6 2018
B. Planning Commissioner Rules Review by the Commission

Planning Manager Persicone entered the informational items into the record.

9. ADJOURNMENT
The Planning Commission of the City of East Palo Alto adjourned at 7:41p.m.

Minutes Recorded, Prepared and Respectfully Submitted by Leticia Garcia, Planning
Commission Secretary.

_______________________________________
Leticia Garcia, Planning Commission Secretary

Mission Statement
The City of East Palo Alto provides responsive, respectful, and efficient public services to enhance the quality
of life and safety for its multi-cultural community.

3

7
CITY OF EAST PALO ALTO
Date: 06.11.2018
PLANNING AND HOUSING DIVISION
Item: Item 6A
1960 TATE STREET CITY OF EAST PALO ALTO, CA 94303

Planning Commission Agenda Report

Date: June 11, 2018

To: Honorable Chair and Members of the Planning Commission

From: Rafael Alvarado, City Attorney
Valerie J. Armento, Special Legal Counsel
Sean Charpentier, Assistant City Manager
Guido Persicone, Planning Manager

Subject: Planning Commission Recommendation to the City Council to repeal the 2003
Zoning Code and the 1983 County of San Mateo Subdivision Ordinance and
Replace with the 2018 Development Code.

Recommendation
1- Determine that the project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section
2- Review staff report and associated documents and adopt resolution recommending
approval of the 2018 Development Code to the City Council

Alignment with City Council Strategic Plan:
This recommendation is primarily aligned with:
• Priority #3 – Increase Organizational Effectiveness and Efficiency

Consistency with General Plan:
Staff has determined that the proposed Development Code is consistent with the East Palo Alto
General Plan:

Economic Development 1.7 -Expedited permitting. Ensure permits and entitlements
processes are streamlined and expedited in order to help attract desired commercial
development.

Land Use Goal 1-Maintain an urban form and land use pattern that enhances the quality
of life and meets the community’ vision for its future.

Background:
On October 4, 2016 the City Council adopted the 2035 General Plan, providing the long term,
overarching policy guidance for East Palo Alto. The General Plan acts as the constitution to
guide decisions on growth and development by identifying the types of allowable land uses and
patterns of future development. The primary tools to implement the goals and policies of the
General Plan are the Zoning Ordinance and the Subdivision Code. Staff has been working on a
8
comprehensive new Development Code (combining both zoning and subdivision regulations),
comprised of 8 Articles.

Article 1 General Provisions and Definitions
Article 2 Zones, Allowable Uses, and Development Standards
Article 3 Regulations Applicable to All Zones
Article 4 Regulations for Specific Land Uses and Activities
Article 5 Subdivisions
Article 6 Nonconforming Uses, Structures and Parcels
Article 7 Permit Processing Procedures
Article 8 Development Code Administration

On September 28, 2017, Planning staff released the draft Development Code (dated August
2017) for public review by providing notice and a website link. The original review schedule was
overly ambitious; ultimately, staff extended the time for comment to November 13, 2017. Over
twenty-five different individuals/entities submitted comments on the draft, some general but
many very detailed in nature.

On April 23, 2017 a Development Code study session was held with the Planning Commission.
At the conclusion of the study session, City staff agreed to return with additional topics, areas of
concern and follow up items for review by the Commission. On May 14, 2018, at a second study
session, the Planning Commission came to consensus on several key areas of the Development
Code. These encompass the larger policy items. A revised draft Development Code, bearing the
date May 2018, reflects the changes made as a result of the two study sessions. This staff report
focuses on two major components: Areas of Agreement and Topics for Further Discussion.

Areas of Agreement

Parking Ratios-The current multiple-family parking ratios will carry over to the new
Development Code, as set forth in Table 1.

Table 1-Current and Proposed Multiple Family Parking Ratios
Unit Size Parking Ratio
1 bedroom 1.2 space
2 bedroom 1.5 spaces
3 bedroom 2 spaces
Guest Parking .2 guest parking spaces per unit (existing
requirement)

9
Open Space Provisions-The open space provisions, as recommended by Matt Raimi and
Associates and noted in Table 2 will be incorporated into the new code.

Table 2-Open Space Provisions
Revised RHD-5 Revised RUHD
(22-43 du/acre) (43-86 du/acre)
Common Open Space Common Open Space
100 sq. ft. per unit 50 sq. ft. per unit
Private Open Space Private Open Space
Ground Floor Ground Floor
50-100 per unit 50 sq. ft. per unit
Upper Floor units Upper Floor units
50 sq. ft. per unit 50 sq. ft. per unit

Language will be added to the Development Code stating that the square footage for the open
space within a development may be aggregated on the parcel, the minimum dimensions shall be
20 feet (width and depth) and the common open space must be usable and have amenities.
Setback areas may be counted towards common open space if these requirements are met.

Woodland Park would like the City to grant developers a 50% credit if the open space is
accessible to the public. As an example, if a project requires 1,000 sq. ft of open space but 500
sq. ft of it will be publically accessible, then the remaining requirement of 500 sq. ft of open
space would be removed. This approach raises policy questions that need to be addressed, such
as:

How does the City maintain public accessibility?
What happens if the parcel configuration or the project does not lend itself to accessibility?
Would an easement be required on the property to main access?

The proposal appears better suited for use within a Planned Development project or through a
Development Agreement rather than as a universal allowance.

Setbacks-After review by Matt Raimi and Associates, the City’s 2035 General Plan consultant,
the revised multiple-family setbacks will be as follows:

Table 3-Revised Setback Requirements
Front Rear Side Street Side
RHD 15 ft. 20 ft. 10 ft. 15 ft.
(22-42 du/acre)
RUHD 20 ft. 20 ft. 10 ft. 10 ft.
(43-85 du/acre)

Nonconforming Parking-In the current Zoning Code there is a provision mandating that
significant increases in square footage, units or structures to a property requires upgrades to
parking for a parcel. This provision is carried over to the new Development Code.

10