Planning Commission - Regular Meeting

Good evening everyone. Welcome to our planning commission regular meeting of May 14th, 2025. I will call this meeting to order at 6:00 pm. Can we have a roll call, please? Commissioner Culie requested an excused absent this evening. Commissioner Copelan present. Commissioner Qua present. Vice Chair Smith here. Chairman Southern here. Right. Uh go ahead and we'll stand for the pledge of allegiance. Commissioner Smith, will you lead us in the pledge? Hand over your heart. Ready to begin. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. All right. Are there any adjustments to the agenda? No adjustments. Okay. And uh any conflicts of interest disclosure for tonight? Uh seeing none, we'll move on to item B. This is our public comment period. This meeting will be open to the public and conducted in a virtual format to be inclusive of all participation preferences. Public comment participation is encouraged by emailing any comments to the city clerk office or by calling in using the phone number provided on the front of the agenda. Do we have any public comment on items not on the agenda? I have no written requests. Benny, do we have any callers on the line? No callers. Okay, that'll move us to item C, action items, public hearings and requests. And item C1, approval of the minutes. Can I have a motion for approval of our minutes? So moved. Second. Okay, we have a motion in a second. Can

we have a roll call vote, please? Commissioner Copelan, yes. Commissioner Qua, yay. Vice Chair Smith. Yes. Chairman Southern. Yes. All right. That takes us to item C2. This is plan 2025-0204 public hearing to consider a resolution repealing the Noble Creek Vista specific plan. Can we have a staff report, please? Hi, good evening chair and members of the planning commission. My name is Melody Adachiga, senior planner with community development. On April 9th, the planning commission opened the public hearing and continued the public hearing without discussion to tonight's planning commission meeting. Before you today is a request to adopt a resolution recommending that the city council repeal the Noble Creek Vista specific plan. For reference on the screen is a land use map found on page 14 of the specific plan noting the boundaries of the area which is between Oak Valley Parkway and Brookside Avenue east of Bowmont Avenue. Prior to discussing the background and details of the request, staff would like to inform the planning commission that we have today received a written public comment which has been provided to you as part of the record. In summary, the public comment provided on behalf of the property owners Noble Creek Meadows LLC has expressed concern regarding the effects of the repeal of the certified EIR of the specific plan. They have not expressed opposition to the repeal of the specific plan, but would like to coordinate with the city on the environmental as they are preparing to submit an application of a specific plan and other entitlements. I apologize. They have um as noted um in the letter, the

property owner has been working on a subsequent err that would be part of the submittal packet. To clarify and as discussed in the staff report, this is the only request. This request is only to adopt a resolution recommending that the city council repeal the Noble Creek specific plan for the reasons staff will provide momentarily. as such not affecting the certification of the approved EIR. Therefore, the preparers of the public comment may continue to rely on the studies and information in the specific plan EIR to prepare their subsequent EIR document. I will now continue with the background and details of the request. On February 15, 2005, the Bowmont City Council passed resolution 2005-11, which is included as an attachment to the staff report certifying the Noble Creek Specific Plan EIR and approving the specific plan itself. On March 17, 2005, an action was filed challenging the city's certification of the EIR and was settled in its entirety pursuant to a settlement agreement and final stipulated judgment approved by the court on May 31st, 2006. These are also included as attachments. The specific plan was republished and approved as of October 2006 and was amended on June of 2014. Certain land of approximately 41 acres in planning area 2 within the specific plan has been acquired by by San Gorggonia Passwater Agency for recharge ponds and was not originally originally contemplated by the specific plan. Furthermore, the city has acquired 29 acres within a specific plan for the purpose of constructing a police station. Due to these changed circumstances, the specific plan is no longer feasible. Pursuant to the Bowman Municipal Code and Government Code section

65453 provides that a specific plan shall be prepared, adopted, and amended, including an a repeal in the same manner as the general plan, except that a specific plan may be adopted by ordinance or resolution as often as deemed necessary by the city council. The repeal of the specific plan is exempt from the provisions of SQA pursuant to guideline section 15061B3 because it can be seen with certainty that the proposed action will not have any effect or any substantial effect on the environment. A 20-day public notice was placed in the press enterprise on March 20th and property owners within a 300t radius of the project site were notified on April 22nd, 2025. And then as mentioned, we received the one written public comment. The Bulmont Municipal Code authorizes the planning commission to recommend to the city council approval. Approval with modifications or denial of the proposed application. The commission's recommendation shall be transmitted to the city clerk for scheduling the matter for consideration by the city council. With this, staff recommends that the planning commission hold the public hearing and wave the full reading and adopt the by title only. a resolution of the planning commission of the city of Bowmont recommending repeal of the Noble Creek Vista specific plan. This concludes our presentation and we are available for any questions. Chair and uh members of the planning commission, I would like to add with regards to the comment that you received that was placed on your desk and emailed to you earlier. the developer, Noble Creek Meadows LLC, uh had met with staff to go over their concerns uh the other day and ultimately the primary concern is the environmental documents that have been prepared and uh certain approvals that they've gotten based on the mitigation measures of the prior EIR.

And so their concerns are that some of these documents might not be taken into account if the Noble Creek specific plan is uh repealed. Uh however, what we've indicated is that we're not descertifying the EIR. As Melody had pointed out, the EIR stands. So that document still exists. Uh so whatever is submitted to the staff um based on the pre-application that was given to us last year, we may uh still continue to look at those environmental documents as long as they're not outdated. No. uh if no environmental changes have happened since the time of that uh EIR uh they could still be taken into account. Uh the other thing to note is that um the developer if the underlying zone uh has met all the development standards based on the subdivision that's being proposed uh they can continue with that. However, if they're not, they can submit another specific plan. uh and I believe that that is their intent to submit a new specific plan and again if the underlying zone uh if they cannot meet the standards of the underlying zone so I just wanted to make that clear. Perfect. Thank you for that report and update. Uh do we have any questions or discussion from the commission? I have a question. So, I understand what you just said about the spec or the EIR, but wouldn't you have to adopt new components in reference to, let's say, traffic? Uh, because the traffic study, I'm sure, is is outdated in the EIR. So, we are going to have to update it. Correct. That's correct. So, the plan is for a subsequent EIR to be submitted as part of their entitlement package. and that um consultant, whoever prepares that for them, will be looking at traffic, noise, all other studies that were done, and they'll identify if

anything uh is outdated. You're correct. A subsequent e or an amendment, a subsequent ER, so a completely new document. New document, but taking into account what's already been done. So, there's some items that might not have to be redone. Okay. Fault studies, so on and so forth. Yes, sir. Um I've Do you have any more questions? Yeah. Okay. I've got several. So the So the SP also came with a development agreement. I believe it was 20 years that the development agreement is expired or expiring very shortly. Is that correct? Melody, is that one of the DAs that's come in before or has it expired? I I believe it's expired. Yes, it's expired. Okay. So the DA's expired. the SP is getting revoked. Um, so the challenge that happened to the project would have been tied to the specific plan or to the adoption of the EIR. It would have been tied to the specific plan. The there was there was a settlement agreement. Yes. Uh, and that settlement agreement will be going away, right, with the termination of this specific plan. Okay. Okay. So, basic attorney on the line here. Um, can you hear me? Yes. Yes. Yes, we can hear you. Yeah, sure. So, maybe I could provide some a little more clarity. Uh yeah, the the development agreement um has expired and the lawsuit that was fired filed rather um was a I believe it was a SQA lawsuit that was filed by a neighborhood association and then there was a settlement agreement that was entered into by the I think three different owners of land within the project area and the um settlement agreement agreement um required that all the

transportation facilities be obtained before the uh any building permits or certificates of occupancy could be issued. And you know, the transportation improvements were significant and costly and so and none of the three prior owners could get together and agree to finance the um traffic improvements. So essentially the project became infeasible as a result of the uh settlement agreement and the fact you had three different owners within the specific plan who all had differing plans and so that's why it became infeasible. Yes, the development agreement um has expired. Okay. Uh I think that covers uh everything. Okay. Yeah. Yeah, the settlement agreement was ownorous. You know, it was um almost impossible to be able to comply with. Um okay. So, so the new application, even if we're not descertifying the EIR, uh that's not going to impact their ability and they're not going to be tied to any of the uh the deal points that were in that settlement agreement. They're basically starting starting a new that structure. Let me comment on that one because um the uh the settlement agreement applied to the [Music] um the specific plan and the EIR. And it's possible that if the applicant submits a new specific plan with different transportation requirements that the settlement agreement will no longer apply because it'll be a different uh

specific plan. But you know to uh make a ironclad statement that the settlement agreement is void I don't think we can do that at this time. Okay. Okay. Yeah. Because the the plan or the the you know, I guess the the conceptual site plan that was attached to it, you know, without any connection to Bowmont Avenue, you know, the the various concerns I think that were highlighted as part of that settlement agreement, it's a very very narrowed down version and and impacts to that. So, okay. Sir, just to um clarify what our city attorney has said. Uh Bob, are you indicating that the settlement agreement will not terminate with the um termination of the specific plan or just the items pertaining to the environmental? So the settlement agreement is a contract between a number of different parties. It it is between a neighborhood association, the city of Bmont and then um the developers who were uh under the specific plan originally. So it is a contract. This planning commission has no authority to terminate a contract without the consent of all of the parties. So the contract will the settlement agreement which is a contract will not terminate. However, the question is, will it have any continuing relevance given that it was based upon a specific plan that no longer exists? And um it is possible that the settlement agreement will no longer apply because the underlying subject matter of the settlement agreement no longer exists. So the the revocation of the SP could render it null and void. Could render it

null and void. I mean, but you know, uh different attorneys can make different arguments. Now, this is going to be going before the city council upon your recommendation. Is it a different story with the city council, Bob, in terms of their authority? No, they can't terminate a contract uh that that has multiple parties. The contract will still remain in effect. Um the only way to get that terminated is by uh getting the consent of the uh all the parties to the contract. So it would just be advisable then to the the application to the applicant at this point that some of the terms and points that were considered in that settlement agreement like not adding lanes on Bulmont Avenue may be prudent for them to ensure that their studies and design still are able to comply with those aspects. Then that would be advice. I don't I'm not giving legal advice to the applicant. Oh no no not at all. Not at all. the the applicant can can uh submit a specific plan and the applicant um can determine whether the settlement agreement applies it it may not apply because it's if it's a different project but I don't think we can sitting here today make a ironclad statement that the settlement agreement will have no continuing effect. I mean, I certainly hope that's what will occur, but uh we can't guarantee it. Okay. Okay. I just want to make clear for the record that we do not have an applicant here. Uh there was a comment made by an applicant that had put in a pre-application. So, just to be clear. Okay. All right. Well, thank you. I think that answers um a lot of my

questions on there, but primarily a new project, a new potential specific plan will come forward for the small portion of what the larger project originally was. Uh that's still a developable acreage. It's not uh infiltration ponds or a police station. Correct, sir? Yes. All right. Thank you. Okay. Any other questions or discussion from commission? Okay. So, you know, we'll go ahead and open the public hearing at 6:18 p.m. Are there any requests to speak on this item? I have no written request. Benny, do we have any callers on the line? No callers. Okay, we'll go ahead and close the public hearing at 6:18 p.m. Uh, do we have anyone uh ready to make a motion? Uh, yeah. I'll move that we wave the full reading adopt by title only a resolution the planning commission of the city of Bowmont recommending repeal of the Noble Creek Vista specific plan. I'll second. You have a motion in a second. Can we get a roll call vote, please? Commissioner Copeland, yes. Commissioner Qua, yay. Vice Chair Smith, yes. Chairman S, yes. All right, that item passes. That moves us to item C3. This is tenative track map 38879 and variance for consideration of a proposed subdivision located west of Pennsylvania Avenue and north of 11th Street in the residential single family zone. Staff report please. Okay. Good evening chairman and commissioners. Jillian Fountain, planning staff. Um before you today is a public hearing for the consideration of tenative track map number 38879 and a related variance request submitted to the city on December 21st, 2023. A public notice was placed in the

press enterprise and property owners within 300 ft were notified on April 26, 2025 of this public hearing. At this time, staff has not received any public comments. The applicant proposed to subdivide 2.70 acres gross acres into 10 single family residential lots ranging in size from 8,000 500 square ft to 9,365 ft and one lettered lot. Concurrently, a variance from Bowmont Municipal Code section 16.12.8080C 8 080C is requested to allow lot depths exceeding 2.5 times the width which is not permitted under current standards. The project qualifies for class 32 categorical in exemption infill under SQA guideline section 153328. The property is located in the residential single family zone and has a general plan land use designation of single family residential. The proposed subdivision aligns with both the general plan and zoning code supporting lowdensity detached residential development. Specifically with the policies identified in goal 3.3.1 support the development of new housing opportunities as defined by land use plan contained in this element. Tenative Trackmac TM2023-000012 is being proposed under Bowmont Municipal Code section 16.04.010 requiring all land divisions to conform to the subdivision mapped act and local regulations. The applicant is requesting relief from the maximum lot depth standards as defined in section 16.12.080C 080. C which restricts the depth to 2.5 times the width. The current proposal

has each lot exceeding the requirement by 25 ft. Due to the regular shape and site constraints of the parcel, compliance would render meaningful subdivision uh impractical. The request is made pursuant to Bowmont Municipal Code section 17.02.110 02.110 and government code section 65906 which allow relief due to special circumstances such as lot shape to topography and surroundings. The required variance findings can be adequately met and are included in your staff report. Approval of the tenative map does not permit construction but allows for the legal creation of lots which can be developed in the future subject to a minor plot plan approval and recording of the final map. The project is conditioned to ensure that no building permits will be issued until the final map is recorded. The Bowmont Municipal Code section 16.04.020 020 designates the designates the planning commission as the advisory agency charged with reviewing and making recommendations on all proposed tenative subdivision maps in the city. The PC can conditionally approve or disapprove tenative subdivision maps and sub submit them to the city council for final approval. At this time, staff recommends opening the public hearing and forward a recommendation of approval to the city council for tenative trapmat number 38879 TM2023-00212 subject to the conditions of approval and a revision to the condition number 24 to remove the language to remate to remove prior to the issuance of grading permits and approve variance 2020. 25-000024 to allow for dot lot depths to exceed 2.5 times the width and direct staff to prepare a notice of exemption for the applicant to file with the

Riverside County Recorder. That concludes my presentation and I can make I have available for any questions. Great. Thank you for that report. Do we have any questions or discussion from the commission? Cool. So, my question is, um, as far as water retainage, are we going to be requiring the developer in future, um, I guess, uh, documentation that they're going to have to retain the water on the individual properties. It won't be in the future. It'll be when they're when they're built. Each lawn will retain a certain amount. We also have the Blaine Warmer in the audience. the engineer for the applicant. If you'd like further discussion on that, I'm sure he could address that better than me. No, I'm I'm good. Just as long as we acknowledge that the water is going to be retained on the pro on the individual lots and and they'll be notified of that that they're responsible for that. The individual property owners. Yeah. This is they're forming a HOA for this, right? Yeah. Okay. It's been a while since I've worked on the Santa Ana permit. Um, is a WQMP required for a subdivision of 10 lots? Yes. Yes. Okay. Um, and so both of these roads are dedicated with what, 22 foot curb to curb collectors. Those are wide parkways. Um, has has the road kind of been declassed recently to to something lower or is it just the collector just has a wide parkway through here? No, the original uh underlying map dedicated 80 foot rideaways for all residential roads that were mapped at that time in 19 or 1895.

Okay, fair enough. Yeah, there is an opportunity for for individuals to uh vacate through the city some of that right away. However, we strongly discourage it. Right. Well, I mean, they're they're obligated to maintain landscaping on their property frontage anyway, so you know, not doesn't really matter too much. Um, and then lot A in the back, that's a easement lot that's going to be held in fee by the city. Yeah, I don't recall. Are you dedicating it? Is the map dedicating it in fee? And no, it won't be to the city. It'll be to the HOA. There's some drainage structures out there and also we do have uh the city has public facilities through there. So we'll reserve an easement. Got it. But there they are proposing a drainage structure that that'll be in that lot A that'll be maintained by the HOA. Okay, cool. I know easements or alleys can be a maintenance nightmare. So if it's going to HOA for maintenance, that resolves that concern. Um okay, thank you. Good. Any other questions or discussion from answer my questions? All right. Perfect. Then we'll go ahead. We'll open the public hearing at 6:26 p.m. Are there any requests to speak? Seeing one up there. There we go. Okay. Perfect. Welcome. Uh, Mr. Chairman. Thank you, Mr. Chairman, members of the commission. My name is Blaine Warmer, Warmer Engineering. Uh we're at 4155555 East Florida Avenue uh Sweet G and Hemmet. And we're representing the applicant on this project this evening and do want to thank staff for all the the work we did. This uh seems like a simple subdivision but some was some of the uh the drainage that we had to deal with and and the fact that uh we do have WQMP to comply with and sometimes a smaller projects actually harder than a than a larger one sometimes the way it goes. But um Jillian took care of my uh my only

concern with the staff report and conditions of approval and that was to uh just take out the grading permit prior to recordation. Certainly we can't have any building permits applied for before uh recordation of the map. But uh typically we do grade before the recordation. So with that revised uh verbiage um I'm just here to answer any questions. Oh, another clarification. um you you already have an easement back there for your for the city sewer. So that it it's the lot A back there for the drainage is going to coincide with that easement. So just a little formalization if you will. So if you have any questions on me, I'd be try happy to try to answer them. Other than that, we just respectfully request your approval. Perfect. We appreciate your comment. Thank you for being here tonight. Do you have any questions from commission? Seeing none, I think we're good. Thank you all. Any other requests to speak? I have no written requests. Benny, do we have any callers on the line? No callers. All right. Go ahead and close the public hearing then at 6:28 p.m. And do we have a motion? I move to approve tenative track map 38879 and variance V2025-0024. I'll second. Perfect. We have a motion and a second. Can we get a roll call vote, please? Commissioner Copeland. Yay. Commissioner Qua, yay. Vice Chair Smith, yes. Chairman Suther, yes. All right, that item passes and that takes us to item C4. This is the 2024 housing element annual progress report. We have a staff report, please.

Okay. Good evening, chairman and commissioner. Sorry about that. Um, tonight we are bringing forward the 2024 housing element annual progress report. You guys have also seen the general plan progress report. It um earlier in July, Carol brought that forward. This is just kind of a housekeeping item that we are bringing forward. this report that um our planning intern and myself worked on to put together for APR and um housing and community development all of our permits that were uh applied for and issued last year. Um so this is just to make sure that we are in compliance. This is where um some of our rena numbers come from. Um this item does get submitted to HCD. It was submitted on the April 4th of 2025. There have been a couple rounds of revisions with HCD before they can finalize it. Once it is finalized, we do request they do request that we submit it to um the land use and climate innovation office to certify with the California Department of Housing and Community Development. Um, but we do have to bring it forward to planning commission and the city council um for review and just to kind of um review it before we submit. Um, the recommendation tonight is to forward a recommendation of approval to city council to receive and file for the 2024 housing element annual progress report and direct staff to submit this report to land use and climate innovation office and certify with the California Department of Housing and Community Development. I'm available for any questions. Perfect. Thank you for that report. Uh, do we have any questions or comments from the commission? So, I'm looking at the the spreadsheet on here. So, it's really the intent is

we just need to summarize the activity that's occurred in the last year. Yes, we just compile everything that um has been brought through with planning and the building department. Okay. Um so, all the units that have been constructed with us are listed as above moderate. You know, we haven't had I know we haven't had any applications come in for affordable housing projects. Does are is our affordable number that doesn't change within the RENA calculation. We still have to provide a certain number of Yes. units. Yes. And um we do have an affordable one that is going to be, I'm hoping, on 2025's certification. Okay. Yeah. Okay. That's a lot less permits than it was in like 2014, 27. Yeah. Going through the past couple of years, we can see the decline. Yeah. Okay. All right. Any other questions for staff? Hearing none, uh, go ahead and ask for a motion. Uh, I'll make a motion to recommend to city council to receive and file the, um, housing element report for 2024. I'll second it. Have a motion in a second. Can we have a roll call vote, please? Sorry, before I do a roll call vote, I just want to double check we don't have any callers on the line for this one. It's not a public hearing, but I just want to double check. I'm sorry I skipped over that. I apologize. Benny, do we have any callers on the line? No callers. Okay. Just wanted to be sure. Commissioner Coblin, yay. Commissioner Qua? Yay. Vice Chair Smith? Yes. Chairman Southern? Yes. All right, that item passes. That takes us to item D, staff comments. Any staff comments tonight? Uh, yes. Uh, chair and commissioners. I just wanted to give you a quick update on um our progress with the cherry festival. Um I'm not sure if you're aware, but there was a three-partyou

that the uh city council directed us to go forward with. It's with the city, the parks district, and the cherry festival association. So, that was approved by council parks district board also approved it. And so, we've been meeting just to coordinate the event, uh make sure everything happens as it's supposed to. And as you're aware, it's happening at the uh Noble Creek Park. Uh so there's a lot of uh strategizing with regards to the traffic uh and parking control. So I think it's going to be a really well planned event. Uh but again, the city felt it had to get involved because there were some insurance requirements that the parks district had for the association that couldn't be met. And so the city came in uh city also donated uh money for the event. And so at the end of the day, next year, we're going to make sure we plan this way ahead of time. So 30 days after the event takes place, we're going to get together and start planning. Um, but just wanted to let you know the, uh, advertising is going to be out there. It's already online. Uh, so please tell family and friends. Uh, we feel that there's going to be more of a regional attraction because apparently there's a very popular band that's going to happen on Friday. So, we want to make sure that all that is uh coordinated with the traffic because you know how it is when people come from out of town and they don't know the area. All of a sudden, we can get uh jammed up. Who's the band on Friday? I don't know the name of the band. Um I know it's a it's a Latin band from what I understand. Okay. Um but it it draws a big crowd. That's what I'm understanding. Um but again, we're very excited. This is going to be the first time I attend this event. uh and the parade, you know, the first day of it. So, um excited to be here with for it. That's all I had. Perfect. I appreciate that update. Yeah. My my son will be there with the fire explorers, so I will be there in person. Looking forward to it. We'll be there at some point as

well. Yeah. Yeah. The is the traffic getting out was a big issue last year. You know, it was um God, it took 45 minutes to get out of the park. So granted we left right after the the the headliner show end on a Saturday but it doesn't help but well hopefully people will take the transit too because we do have our transit that's going to be providing from offsite lots so that's an option. Perfect. Well we'll look forward to it. Uh do we have any comments from our commissioners? Any commissioners have any comments at this time? Seeing none, we'll go ahead and we will adjourn our meeting here at 6:36 p.m. Have a good night, everyone.