City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: DECEMBER 19, 2023
FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 4
DEPARTMENT
SUBJECT: PR-2021-001180 STREET VACATION AND STREET NAME CHANGE – ADOPT
A RESOLUTI ON OF INTENT TO SCHEDULE A PUBLIC HEARING TO
CONSIDER A STREET VACATION TO VACATE SPENCER COURT, SITUATED
ON THE EAST SIDE OF GREEN ORCHARD PLACE BETWEEN LONE PEAK
COURT AND CRYSTAL VIEW TERRACE , TO FACILITATE A GATED
RESIDENTIAL COMMUNITY
ISSUE:
Adopt a Resolution of Intent to hold a public hearing on January 23, 2024, to consider a proposal by Shahvand Aryana, to vacate Spencer Court, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, to facilitate a gated residential community.
RECOMMENDATION:
That the City Council:
1. Adopt the attached resolution declaring its intent to hold a public hearing on January 23, 2024 to consider Planning Case PR-2021-001180 Street Vacation of Spencer Court , situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, to facilitate a gated residential community.
PLANNING COMMISSION RECOMMENDATION:
On October 13, 2022, the City Planning Commission recommended approval of Planning Case PR-2021-001180, a request for a Street Vacation to vacate Spencer Court and a Street Name Change to change the name of Spencer Court to “Aryana View Court” , by a vote of 7 ayes, 0 noes, and 1 absent (Attachments 2 and 3).
BACKGROUND:
Spencer Court, a 60-foot-wide local street, connects with Green Orchard Terrace to the west and terminates approximately 500-feet to the east in a cul -de-sac. The public street currently serves nine vacant lots, six of which are owned by the applicant and the remainder by Mike Sadeghian .
The street was identified as “Lot A” on Tract Map 31502 and dedicated the street to the City for “public use for public street and public utility purposes”. The street is fully improved with pavement, gutter, curb, and sidewalks.
PR-2021-001180 ● Page 2
Surrounding land uses include single family residential to the north, east, west, and the White Gates Reservoir to the south (across Green Orchard Place).
The Resolution of Intent to hold a public h earing is the first requirement for a street vacation, pursuant to the Public Streets, Highways, and Service Easements Vacation Law. Prior to ordering a street vacation, the City Council must first adopt a resolution declaring its intent to hold a public hearing to consider the vacation of Spencer Court, setting the place, date and time for the public hearing, and noticing requirements. As a matter of information, a Street Name Change to change the street name from “Spencer Court” to “Aryana View Court” is associated with t he Street Vacation and is also to be considered concurrently by the City Council in a Public Hearing proposed to be held on January 23, 2024.
DISCUSSION:
The applicant is requesting approval to vacate Spencer Court which consists of 0.84 -acres, approximately 500 feet in length and 60 feet in width, to facilitate a gated residential community.
Staff has determined that the Street Vacation: 1) will no t be needed to provide access to the public. The subject street is a cul -de-sac that currently provides access to nine parcels fronting the street. If vacated, the street will revert back to “Lot A” to be maintained by the Homeowners Association, as conditioned; will continue to provide access to the adjacent parcels; and will not impact access to any other parcels ; 2) will not be necessary for present or future public use . If vacated, the street will revert back to “Lot A” and will be maintained by the Homeowners Association, as conditioned, providin g access to the residents within the cul -de-sac and emergency services only; 3) The proposed street to be vacated will not alter the primary access to any of the existing lots and access will remain the same for all properties within the cul-de-sac and for the properties surrounding the cul-de-sac. The subject street will remain as the only point of access for the parcels. No adjacent parcels will be impacted by the street vacation; and 4) The proposed vacation will not impact access to any other parcels. All other streets will remain in their current configuration, and the proposed vacation will not impact vehicular or pedestrian circulation.
STRATEGIC PLAN ALIGNMENT:
This project contributes to the Envision Riverside 2025 City Council Strategic Plan Priority 2 – Community Well-Being - Goal 2.3 – Strengthen neighborhood identities and improve community health and the physical environment through amenities and programs t hat foster an increased sense of community and enhanced feelings of pride and belonging citywide).
This item aligns with each of the five Cross-Cutting Threads, as follows:
1. Community Trust – The City’s transparent entitlement process encourages public participation.
2. Equity – The proposed project furthers the City’s support of geographic diversity.
3. Fiscal Responsibility – All fiscal responsibility for the proposed project is borne by the applicant.
4. Innovation – The proposed project enhances the aesthetics of the neighborhood by providing exceptional improvements not normally possible on a public street.
PR-2021-001180 ● Page 3
5. Sustainability and Resiliency – The Street Vacation will alleviate the need for the City to service and maintain the street saving valuable resources.
FISCAL IMPACT:
There is no fiscal impact associated with this action since all project costs are borne by the applicant.
Prepared by: Judy Egüez, Senior Planner
Approved by: Jennifer A. Lilley, Community & Economic Development Director Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra Norton, City Attorney
Attachments:
1. Resolution of Intent to Hold a Public Hearing
2. City Planning Commission Report – October 13, 2022
3. City Planning Commission Minutes – October 13, 2022
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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE, SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF RIVERSIDE,
CALIFORNIA, DECLARING ITS INTENTION TO VACATE
APPROXIMATELY 0.84-ACRES OF SPENCER COURT SITUATED ON
THE EAST SID E OF GREEN ORCHARD PLACE BETWEEN LONE
PEAK COURT AND CRYSTAL VIEW TERRACE , AND SETTING THE
DATE, HOUR AND PLACE OF HEARING, PURSUANT TO THE PUBLIC
STREETS, HIGHWAYS, AND SERVICE EASEMENTS VACATION
LAW.
BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: That the City Council of the City of Riverside here by declares that in Planning Case No. PR-2021-001180, it is the intention of the City Council to vacate approximately 0.84-acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, wi thin the City of Riverside, Califor nia, to facilitate future street impr ovements for a gated residential community and a Street Name Change from “Spencer Court” to “Aryana View Court.” Section 2: The City Council hereby elects and express es its election to proceed in Planning Case No. PR-2021-001180 pursuant to the provision s of Chapter 3 of the Public Streets, Highways, and Service Easements Vacation Law, commencing with Section 8320 of the Streets and Highways Code of the State of California.
Section 3: The public street proposed to be vacated in Planning Case No. PR-2021-001180, is approximately 0.84-acres of Spencer Court, consisting of approximately 500 feet in length and 60 feet in width, situated on the east side of Green Orchard Place between Lone Peak Court and Crystal View Terrace, within the City of River side, California, as more particularly described and depicted in Exhibits “A” and “B” attached hereto and incorporated by this reference.
Section 4 : The date, hour, and place for hearing all persons interested in the proposed vacation of the public street in Planning Case No. PR-2021-001180 is set as January 23, 2024 , at 3:00 p.m. in the Council Chambers of the Rive rside City Council located adjacent to City Hall, at 3900 Main Street, Riverside, California.
Section 5: At the hearing provided for in Section 4 her eof, the City Council shall determine whether this public street is unnecessary for present or prospective use, and if so, the reservations or exceptions from the vacation s that public convenience and necessity require, if any, w hich shall be
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3750 UNIVERSITY AVE., SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
recited in the resolution of vacation as provided in Section 8341 of the Streets and Highways Code.
Section 6: Notices of the date, hour and place of the hearing of the proposed vacation shall be posted conspicuously along the public street proposed to be vacated at least two (2) weeks before the day set for the hearing. At least three (3) notices shall be posted not mo re than three (300) hundred feet apart. The notices shall state the day, hour, and place of h earing; shall refe r to the adoption of this resolution of intention; and shall describe the public street proposed to be vacated.
Section 7: The City Clerk shal l cause notice of the date, hour, and place of the hearing on this resolution of intention to b e published for at least two (2) successive weeks prior to the hearing in The Press Enterprise.
ADOPTED by the City Council this _________ day of _____________, 2023.
______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
__________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause , City Clerk of the City of Riverside, Californi a, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2023, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2023.
_________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\Rc-citylaw\cycom\WPDOCS\D031\P022\00757387.DOC
CA: 23-1592
Pl anning Commission
Memorandum
Community & Economic Development Department Planning Division 3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov
PR-2021-001180
PLANNING COMMISSION HEARING DATE: OCTOBER 13 , 20 22 AGENDA ITEM NO.: 5
PROPOSED PROJECT
RECOMMENDATIONS
Staff recommends that the Planning Commission:
1. RECOMMEND that the City Council DETERMINE that the project is exempt from the California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) (Common Sense) of the CEQA Guidelines, as the project will not have a significant e ffect on the environment; and
2. RECOMMEND that the City Council APPROVE Planning Case PR-2021-001180 (Street Vacation and Street Name Change), based on the findings outlined in the staff report and subject to the recommended conditions (Exhibit 1).
Case Number PR-2021-001 180 (Street Vacation and Street Name Change) Request
To consider the following entitlements:
1. Street Vacation to vacate Spencer Court, a public street consisting of 0.84 - acres, approximately 500 feet in length and 60 feet in width; and
2. Street Name Change of Spencer Court from “Spencer Court” to “Aryana View Court”.
Applicant Shahvand Aryana of Spencer Ct. W2, LLC
Project
Location
Spencer Court, situated on the east
side of Green Orchard Place
between Lone Peak Court and
Crystal View Terrace
APN N/A
Project Area 0.84-acres
Ward 4
Neighborhood Alessandro Heights
General Plan
Designation N/A
Zoning
Designation N/A
Staff Planner
Alyssa Berlino, Associate Planner
951-826-5628
[email protected]
PR-2021-001180
BACKGRO UND
Spencer Court is an existing fully improved cul-de-sac, approximately 500- foot-long, with pavement, gutter, curb, and sidewalks. Spencer Court serves nine parcels, lots 2 - 10, of Tract Map No. 31502. The Tract Map identified Spencer Court as “Lot A ” and dedicated the street to the City for “public use for public street and public utility purposes”.
Surrounding land uses include single family residential to the north, east, west, and the White Gates Reservoir to the south (across Green Orchard Place).
PROPOSAL
The applicant is proposing a Street Vacation to facilitate future street improvements for a gated residential community and a Street Name Change from “Spencer Court” to “Aryana View Court”.
No physical improvements are requested with the project; however, a conceptual street plan has been provided to demonstrate the intent of the future proposed improvements. The future improvements include but are not limited to: 1) construction of an electronic vehicle gate with a circular vehicular turnaround; 2) pedestrian access on both sides of the street , via two gates; 3) enhanced paving; and 4) three decorative water feature s. The conceptual street plan for the future improvem ents are being reviewed under a separate Landscape and Irrigation Design Review application (Planning Case DP-2021-01551).
Staff is also processing separate Design Review applications for six new single-family residences on Spencer Court ( Planning Cases PR-2022- 001333, PR -2022-001340, PR -2022-001381, PR -2022- 001421, PR-2022-001426, and PR-2022-001428). Variances for building height and number of stories are also being considered for two of the new single-family residences.
PROJECT ANALYSIS
Street Vacation
The applicant is proposing the vacation of Spencer Court which consists of 0.84-acres, approximately 500 feet in length and 60 feet in width, to facilitate the future street improvements.
Pursuant to State law, specifically Public Streets, Highways, and Services Easements Vacation Law (commencing with Section 8300 of the Streets and Highway Code and Section 21101 of the Vehicle Code of the State of California), the City may regulate traffic on its public streets, alleys, and walkways only to the extent expressly authorized. The law permits the City to vacate a street, alley, or walkway only upon a finding supported by substantial evidence that the right -of-way is no longer needed for vehicular traffic and is unnecessary for present or prospective vehicular use.
The following facts are provided related to the proposed vacation of Spencer Court:
• The proposed street to be vacated will not be needed to provide access to the public.
The subject street is a cul-de-sac that currently provides access to nine parcels fronting the street. If vacated, t he street will revert back to “Lot A” to be maintained by the Homeowners Association, as conditioned; will continue to provide access to the adjacent parcels; and will not impact access to any other parcels. • The proposed street to be vacated is unnecessary for present or future public use. If vacated, the street will revert back to “Lot A” and will be maintained by the Homeowners Association, as condit ioned, providing access to the residents within the cul-de-sac and emergency services only.
• The proposed street to be vacated will not alter the primary access to any of the existing lots and access will remain the same for all properties within the cul-de- sac and for the
PR-2021-001180
properties surrounding the cul- de-sac. The subject street will remain as the only point of access for the parcels. No adjacent parcels will be impacted by the street vacation. • The proposed vacation will not impact access to any other parc els. A ll other streets will remain in their current configuration, and the proposed vacation will not impact vehicular or pedestrian circulation.
Based on the findings above, the subject right -of-way is not needed for public vehicular or pedestrian traffic. If vacated, the right-of-way will revert to “Lot A”, per the original Tract Map, and will be maintained by the Homeowners Association, as conditioned . In addition, there are only two property owners that own the land that is served by Spencer Court. One of the owners is the applicant and the other has signed a petition and general application in support of the street vacation. There are no objections to the proposed street vacation from the property owners that take access from Spencer Court . The vacated right -of-way will be placed within the RC – Residential Conservation Zone and the HR – Hillside Residential land use designation based on the City’s General Plan.
In compliance with State Law and local ordinance, should the Planning Commission approve the proposed Street V acation, the City Council will consider a Resolution of Intent to set a public hearing to consider the vacation at a date not sooner than 15 days following adoption of the Resolution of Intent. At least 15 days prio r to the public hearing date established with the Resolution of Intent, a notice will be posted at all intersections and at points occurring each 300 feet along the affected roadway segment.
Street Name Change
The proposed Street Name Change from “Spencer Court” to “Aryana View Court ” is consistent with all applicable requirements set forth in Chapter 19.900 - Street Name Change.
The subject street currently provides access to nine out of the ten parcels that were created with Tract Map No. 31502. The map was recorded, and the right -of-way was improved in 2008, however, all the lots have remained vacant.
Nine of the ten parcels are proposed to be part of a gated, private community. The future community is intended to include custom -built residences with enhanced landscaping and entrance improvements. The applicant is requesting to change the existing street name to be reflect the character of the future development. As previously mentioned, there are only two property owners that own the land that is served by Spencer Court. Both property are in agreement with the proposed Street Name Change.
FINDINGS SUMMARY
The Street Vacation and Street Name Change of Spencer Court will not impact access or circulation to surrounding properties or to the City’s overall circulation element.
The project, as proposed, will not be materially detrimental to the health, safety , and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area. Any vehicle or pedestrian traffic that may have used Spencer Court previously would be residents who live on the cul-de-sac and access will be maintained.
The proposed street vacation will allow the developer to provide a gated entrance to a small private community and will allow for future improvements to enhance the aesthetics of the neighborhood.
ENVIRONMENTAL REVIEW
The Planning Division of the Community & Economic Development Department has determined that this proposal is exempt from the California Environmental Quality Act (CEQA) pursuant to
PR-2021-001180
Section 15061(b)(3) (Common Sense) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility the project will have a significant effect on the environment.
PUBLIC NOTICE AND COMMENTS
Public hearing notices were mailed to property owners within 300 feet of the site. As of the writing of this report, no responses have been received by staff regarding this project.
STRATEGIC PLAN ALIGNMENT
This project contributes to the Envision Riverside 2025 City Council Strategic Priority 2 – Community Well Being (Goal 2.3 – Strengthen neighborhood identities and improve community health and the physical environment through amenities and programs that foster an increased sense of community and enhanced feelings of pride and belonging citywide).
This item aligns with each of the five Cross-Cutting Threads, as follows:
1. Community Trust – The City’s transparent entitlement process encourages public participation.
2. Equity – The proposed project furthers the City’s support of geographic diversity.
3. Fiscal Responsibility – All fiscal responsibility for the proposed project is borne by the applicant.
4. Innovation – The proposed project enhances the aesthetics of the neighborhood by providing exceptional improvements not normally possible on a public street.
5. Sustainability and Resiliency – The Street Vacation will alleviate the need for the City to service and maintain the street saving valuable resources.
APPEAL INFORMATION
Actions by the City Planning Commission, including any environmental finding, may be appealed to the City Council within ten calendar days after the decision. Appeal filing and processing information may be obtained from the Planning Department Public Information Section, 3rd Floor, City Hall.
EXHIBITS LIST
1. Staff Recommended Conditions of Approval
2. Existing Site Photos
3. Location Map
4. General Plan Map
5. Zoning Map
6. Legal Description and Plat Map
7. Conceptual Street Plan
8. Street Name Change Exhibit
Prepared by: A lyssa Berlino, Associate Planner
Reviewed by: Candice Assadzadeh, Senior Planner
Approved by: Mary Kopaskie-Brown, Acting Deputy Director and City Planner EXHIBIT 1- STAFF RECOMMENDED CONDITIONS OF APPROVAL October 13, 2022 PR-2021-001180 Page 5
PLANNING CASE:
PR-2021-001180 (Street Vacation and Street Name Change) Planning Division
1. There shall be a one-year time limit in which to satisfy the conditions and finalize this action.
Prior to Recordation of the Vacation Resolution:
2. The applicant shall prepare and record a revision to the Covenants, Conditions, and Restrictions (CC&R’s) to establish a Homeowners Association (HOA) which shall be responsible for the care and maintenance of the private street and any associated improvements for the development, subject to the approval of the Planning Division and the City Attorney’s Office.
Public Works
Conditions to be fulfilled prior to case finalization, unless otherwise noted:
3. All conditions placed upon this case must be fulfilled prior to the recording of the vacation resolution by the City Clerk. The case is not finalized until the City Clerk records the Vacation Resolution.
4. If the disposition of land is other than by operation of law the applicant shall have quitclaim deeds exchanging the property prepared to the satisfaction of Planning, City Attorney's Office and Public Works Departments. All necessary parcel descriptions and plats shall be prepared, signed and sealed by a licensed Land Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. Descriptions and plats are required to be on 8.5-inch by 11-inch format.
5. Council authorizes the City Manager to execute quitclaims documents on behalf of the City of Riverside to extinguish the desired public rights within the vacated right of way that does not revert by operation of law.
6. Prior to finalization of the case, the applicant shall provide the appropriate documentation that the lender(s) / trustee(s) has (have) agreed to modify any Trust Deed(s) to reflect the reconfigured parcel(s).
7. Property transfers to the final proposed parcel configurations must be accomplished concurrently with the finalization of this case.
Ownership of the property shall remain undivided prior to recordation of the Certificate of Compliance for Lot Line Adjustment.
8. All recording fees of the Riverside County Recorder, including transfer documents, grants of right -of-way and the Certificate of Compliance for Lot Line Adjustment are the responsibility of the applicant.
9. Applicant shall prepare Grant Deeds that hav e each owner grant to themselves each of the parcels in their final configuration. This requirement is necessary to ensure that the final parcel configurations and ownership's are clearly identified in the Land Title History.
10. VC PR-2021-001180 to be completed prior to issuance of the Certificate of Compliance.
EXHIBIT 1 – STAFF RECOMMENDED CONDITIONS OF APPROVAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION EXHIBIT 1- STAFF RECOMMENDED CONDITIONS OF APPROVAL October 13, 2022 PR-2021-001180 Page 6
11. A Public Utility Easement (PUE) will be reserved over the entire area of the vacation.
Public Utilities – W ater
12. Easements for public water facilities will be reserved across the entire vacated right of way.
PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 2 – Existing Site Photos
Looking southeast at the project site
Looking east at the project site
PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 2 – Existing Site Photos
Looking north at the project site
GREEN ORCHARD PL
LONE PEAK CT
CRYSTAL VIEW TC
BERRY RD
GWYNN CT
WRIGHTWOOD CT
NPR-2021-001180 (Street Vacation and Street Name Change): Exhibit 2 - Location Map 0 15075 Feet
Area to be
Vacated
KEY
Area to be Vacated
Area to be Vacated
NPR-2021-001180 (Street Vacation and Street Name Change) - Exhibit 4 - General Plan 0 300150 Feet
Area to be
Vacated
KEY
Project Site
General Plan Land Use
VLDR - Very Low Density Residential
HR - Hillside Residential
OS - Open Space/Natural Resources
PF - Public Facilities/Institutions
HR
VLDR VLDR
PF
HR
GREEN ORCHARD PL
LONE PEAK CT
CRYSTAL VIEW TC
BERRY RD
GWYNN CT
WRIGHTWOOD CT
RC
R-1-1/2 acre
R-1-1/2 acre
PF
R-1-1/2 acre
NPR-2021-001180 (Street Vacation and Street Name Change): Exhibit 5 - Zoning Map 0 15075 Feet
Area to be
Vacated
KEY
Area to be Vacated
Area to be Vacated
ZONING
PF
R-1-1/2 acre
RC
PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 6 - Legal and Plat Map -
PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 7 - Conceptual Street Plan PR-2021-001180 (Street Vacation and Street Name Change): Exhibit 8 - Street Name Exhibit 09/30/2022
1 RiversideCA.gov
1 ARYANA VIEW COURT
PR-2021-001180 (Street Vacation and
Street Name Change)
Community & Economic Development Department
Planning Commission
Agenda Item: 5
October 13, 2022
RiversideCA.gov
2 LOCATION MAP
1 2
09/30/2022
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3 EXISTING SITE PHOTOS
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2 3
1 2
RiversideCA.gov
4 GENERAL PLAN MAP
3 4
09/30/2022
3 RiversideCA.gov
5 ZONING MAP
RiversideCA.gov
6 STREET VACATION AND NAME CHANGE
5 6
09/30/2022
4 RiversideCA.gov
7 CONCEPTUAL PLANS FOR FUTURE IMPROVEMENTS
RiversideCA.gov
8 STRATEGIC PLAN ALIGNMENT
Strategic Priority No. 2 –
Community Well Being
Goal 2.3 – Strengthen neighborhood
identities and improve community
health and the physical environment
through amenities and programs
that foster an increased sense of
community and enhanced feelings
of pride and belonging citywide
Cross-Cutting Threads
7 8
09/30/2022
5 RiversideCA.gov
9 Staff recommends that the Planning Commission
1. RECOMMEND that the City Council DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) review pursuant to Section 15061(B)(3) (Common Sense) of the CEQA Guidelines, as the project will not have a significant effect on the environment; and
2. RECOMMEND that the City Council APPROVE Planning Case PR-2021- 001180 (Street Vacation and Street Name Change) based on the findings outlined in the staff report and subject to the recommended conditions.
RECOMMENDATION
RiversideCA.gov
10 PLAT MAP EXHIBIT
(REFERENCE ONLY)
9 10
PLANNING COMMISSION
MINUTES
THURSDAY, October 13, 2022, 9:00 A.M.
PUBLIC COMMENT IN PERSON /TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
Approved Planning Commission Minutes – October 13, 2022 1
COMMISSIONERS
PRESENT: R. Kirby, L. Mooney, J. Parker, T. Ridgway, J. Rush, R. Singh, J. Wilder
ABSENT: C. Roberts
STAFF: M. Kopaskie-Brown, B. Norton, M. Taylor, A. Beaumon, M. Davis, C. Scully, P.
Nitollama, F. Andrade
Chair Kirby called the meeting to order at 9:00 a.m.
ORAL COMMUNICATIONS FROM THE AUDIENCE
There were no comments from the audience.
CONSENT CALENDAR
The Consent Calendar was unanimously approved as presented below affirming the actions appropriate to each item.
MINUTES
The minutes of the September 29, 2022, meeting were approved as presented.
PLANNING COMMISSION ATTENDANCE
The Commission excused the September 29, 2022 absence of Commissioner Parker due to vacation, Commissioner Kirby due to illness and the late arrival of Commissioner Wilder.
Motion made by Commissioner Rush, Seconded by Commissioner Wilder, to approve the Consent Calendar as presented.
Motion Carried: 7 Ayes, 0 Noes, 0 Absent, 0 Abstention
AYES: Kirby, Mooney, Parker, Ridgway, Rush, Singh, Wilder NOES: None
ABSENT: Roberts
ABSTENTION: None
PLANNING COMMISSION
MINUTES
THURSDAY, October 13, 2022, 9:00 A.M.
PUBLIC COMMENT IN PERSON /TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
Approved Planning Commission Minutes – October 13, 2022 2
PUBLIC HEARINGS
PLANNING CASE PR-2020-000190 – TENTATIVE TRACT MAP, DESIGN REVIEW, VARIANCE – 8390 JANET AVENUE, WARD 6
Regine Osorio, Associate Planner, announced that the applicant is requesting a continuance to November 10 , 2022. I t was moved by Commissioner Parker and seconded by Commissioner Mooney: To Continue Planning Case PR-2020-000190 to the meeting of November 10, 2022 as requested by the applicant.
Motion Carried: 7 Ayes, 0 Noes, 0 Absent, 0 Abstention
AYES: Kirby, Mooney, Parker, Ridgway, Rush, Singh, Wilder NOES: None
ABSENT: Roberts
ABSTENTION: None
PLANNING CASE PR-2021-001180 – STREET VACATION AND STREET NAME CHANGE - SPENCER COURT, WARD 4
Proposal by Sha hvand Aryana of Spencer Ct. W2, LLC to consider the following entitlements: 1) Street Vacation to vacate Spencer Court, a public street consisting of
0.84-acres, approximately 500 feet in length and 60 feet in width; and 2) Street Name Change of Spencer Court from “Spencer Court” to “Aryana View Court”. Alyssa Berlino, Associate Planner, presented the staff report. She read into the record a revision to condition 2: 2a. The CC&Rs shall also require vehicular and pedestrian access to residents and emergency vehicles, in perpetuity. Mitch Adkison, Adkan Engineers, representing Shahvand Aryana, applicant, stated they were in agreement with the recommended conditions of approval. There were no public comments, the public hearing was closed.
Following discussion it was moved by Commissioner Rush and seconded by Commissioner Parker to recommend that the City Council: 1) Determine that the project is exempt from the California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) (Common Sense) of the CEQA Guidelines, as the project will not have a significant effect on the environment ; and 2) Approve Planning Case PR -2021-001180 (Street Vacation and Street Name Change), based on the findings outlined in the staff report and subject to the recommended conditions , including the revision to Condition 2 read into the record.
Chair Kirby advised of the appeal period.
PLANNING COMMISSION
MINUTES
THURSDAY, October 13, 2022, 9:00 A.M.
PUBLIC COMMENT IN PERSON /TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
Approved Planning Commission Minutes – October 13, 2022 3
A City Council public hearing is required for final approval.
Motion Carried: 7 Ayes, 0 Noes, 1 Absent, 0 Abstention AYES: Kirby, Mooney, Parker, Ridgway, Rush, Singh, Wilder NOES: None
ABSENT: Roberts,
ABSTENTION: None
WORKSHOP
PLANNING CASE PR -2022-001391 (AMD): WORKSHOP – Draft amendments to Title 19 (Zoning) of the Riverside Municipal Code intended to implement an Inclusionary Housing Program at the recommendation of the City Council Housing and Homeless Committee, as requested by the Planning Commission at the public hearing of August 18, 2022.
Matthew Taylor, Acting Principal Planner, presented the workshop on Inclusionary Housing Program. He noted that comment letters were received and have been submitted to the Commission.
Public Comment:
Norma Barle, LULAC of Riverside; Joanna Silva;; Rose Mayes, Executive Director Fair Housing Council; Tiffany Kinslow; Elizabeth Ayala spoke in support.
Alex Grey, representing a developer; Jason Hunter; Annie; Diana Gazzolo; Pam Nusser spoke in opposition.
Andrew Walcker, Overland Development and Nick Adcock, Greater Riverside Chambers of Commerce expressed their concern that additional review was needed.
Anthony Beaumon, Sr. Deputy City Attorney, noted that many of the comments made had to do with policy. The Planning Commission is not to consider the overall wisdom of the ordinance but more specifically to Title 19 and how it will be amended, not why it is amended. The Planning Commission is not looking at the bigger social issues, it is limited to the Zoning Code Title 19. The overall larger policy issue is for the City Council.
Following discussion, there was no formal action taken by the Planning Commission.
PLANNING COMMISSION
MINUTES
THURSDAY, October 13, 2022, 9:00 A.M.
PUBLIC COMMENT IN PERSON /TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
Approved Planning Commission Minutes – October 13, 2022 4
PUBLIC HEARINGS
PLANNING CASE PR-2022-001391 – AMENDMENT TITLE 19 (ZONING) - CITYWIDE Proposal by City of Riverside to consider amendments to Title 19 (Zoning) of the Riverside Municipal Code, including but not limited to Articles VII (Specific Land Use Provisions) and X (Definitions) to establish Chapter 19.535 (Inclusionary Housing) to implement City Council Housing & Homelessness Committee direction to facilitate the production of housing affordable to very low -, low - and moderate -income households in new residential development projects. Matthew Taylor, Acting Principal Planner, presented the staff report. He noted that letters of concern were received and distributed to the Commission.
Public Comments: Jason Hunter stated that the Commission can make recommendations to policy.
Ms. Kopaskie-Brown stated that in order for staff to provide the Commission with responses, they need to know what additional information is being requested.
The Commission requested additional information:
• What is the effect on the housing markets in other jurisdictions? • Staff suggested also presenting the inclusionary requirements of those jurisdictions as well.
• Mr. Taylor indicated of the current residential development projects in process, the percentage of affordable housing is 27%.
• Commission requested the percentage over previous years. • Can the previous information be separated by rental vs. purchase for those housing units?
Following discussion, Commissioner Wilder motioned to continue Planning Case PR-2022- 001391 to the meeting of November 10, 2022. The motion was seconded by Commissioner Parker.
Motion Carried: 6 Ayes, 1 No, 0 Absent, 0 Abstention
AYES: Kirby, Mooney, Parker, Rush, Singh, Wilder
NOES: Ridgway
ABSENT: Roberts
ABSTENTION: None
PLANNING COMMISSION
MINUTES
THURSDAY, October 13, 2022, 9:00 A.M.
PUBLIC COMMENT IN PERSON /TELEPHONE
ART PICK COUNCIL CHAMBER
3900 MAIN STREET
Approved Planning Commission Minutes – October 13, 2022 5
COMMUNICATIONS
ITEMS FOR FUTURE AGENDAS AND UPDATE FROM CITY PLANNER
Ms. Kopaskie-Brown updated the Commission on upcoming items for future meetings.
Staff noted that there will be a meeting on Wednesday November 23, 2022, the day before Thanksgiving, and wanted to verify that there would be a quorum present. It was the consensus of the Commission that there would be a quorum for the meeting of November 23, 2022.
ADJOURNMENT
The meeting was adjourned at 11:00 a.m. to the meeting of October 27, 2022 at 9:00 a.m.
The above actions were taken by the City Planning Commission on October 13, 2022. There is now a 10-day appeal period that ends on October 24, 2022. During this time, any interested person may appeal this action to the City Council by submitting a letter of appeal and paying the appeal fee. In the absence of an appeal or referral, the Commission’s decisions and conditions become final after 5:00 p.m. on October 24, 2022.
Minutes approved as presented at the October 27, 2022 meeting.