City Council Special Meeting - 9:00 AM
Tuesday, October 24, 2023
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
DARLING
FRANCOIS
WILK
mAYOR pRO tEM HASKEW
mayor SILVA
Meeting minutes were approved by the City Council November 7, 2023.
CITY COUNCIL SPECIAL MEETING AT 9:00 AM
Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATIONS
Consider and take action on any request from a Councilmember to participate in a meeting remotely due to emergency circumstances pursuant to Government Code Section 54953(f)(1). Receive notice that a Councilmember is participating in the meeting due to just cause circumstances pursuant to Government Code Section 54953(f)(1) - none.
All Councilmembers were in attendance. Mayor Silva reported that public comments at special meetings are limited to subjects on the agenda only and therefore, public comments would be received during the City Council consideration of the item.
2. CONSIDERATION
a.
POLICY DIRECTION ON REFINEMENTS TO THE DESIGN REVIEW PROCESS Community Development Director Erika Vandenbrande provided the staff presentation. She reported that recent changes to California’s housing laws limit design review of residential projects subject to various state laws to objective design standards. In addition, stakeholders have identified a desire for the City to streamline the City’s development processes, which includes design review, to increase clarity and efficiency. Moreover, as one of its priorities, Council has requested that staff seek ways to streamline the City’s development processes.
Public comments were received from Charles Kreling, Design Review Commissioner; and Bob Linscheid, Walnut Creek Chamber of Commerce.
Motion by Francois, second by Mayor Pro Tem Haskew,
carried unanimously
, to PROCEED with the staff recommendation regarding refinements to the design review process for residential and non-residential projects. The recommended design review process outlined further below, is first categorized by whether the project requires use of an objective design standard process or a discretionary process. Then, within each of the categories, the process that woud be used for staff review of "small" projects versus "large" projects, which would undergo advisory review by the Design Review Commission.
Objective Pathway One: Small Residential Projects with Objective Design Standards - For “small” residential projects currently reviewed by staff under current DRC delegation, staff recommends that the City Council affirm staff level design review and decision. After updated Objective Design Standards have been adopted for residential projects and implemented, evaluate whether additional residential projects should be delegated for staff level review and decision.
Objective Pathway Two: Large Residential Projects with Objective Design Standards - For “large” residential projects that can only be reviewed against objective design standards, staff recommends that the City Council maintain a Design Review Commission but change their role to advisory rather than decision-making. The decision-making body would be the Planning Commission. This change would maintain the ability to have input by design professionals on the DRC and from the community, but also acknowledges that the design review process is required to be objective and not discretionary.
Discretionary Pathway One: Small Residential and Non-Residential Projects with Discretionary Review - For both “small” residential projects that do not comply with objective design standards (i.e., projects that do not qualify to be reviewed against objective design standards) as well as “small” stand alone projects currently reviewed for design by staff under current DRC delegation, staff recommends that the City Council affirm staff level discretionary design review and decision.
Discretionary Pathway Two: Large Residential and Non-Residential Projects with Discretionary Review - For “large” non- residential project or for “large” residential projects that do not comply with objective standards (i.e., projects that do not qualify to be reviewed against objective design standards) , staff recommends that the City Council maintain a Design Review Commission but change their role to advisory rather than decision-making. The decision-making body would be the Planning Commission. This change would maintain the ability to have input by design professionals on the DRC and the community, but also eliminate the “loop back” that occurs when projects require an entitlement from the Planning Commission. With this recommendation, the Planning Commission would be the deciding body on more projects and these projects could be appealed to the City Council.
YEAS: Darling, Francois, Mayor Pro Tem Haskew, Mayor Silva.
NOES: Wilk
Community Development Director Vandenbrande reported that the item will return as an ordinance amendment along with objective design standards in the spring of 2024.
Agenda Report
ATTACHMENT - JUL 18 2023 AGENDA REPORT AND ASSOC DOCS
The meeting was recessed briefly from 10:23a.m. to 10:30 a.m.
3. CLOSED SESSION
City Attorney Steve Mattas stated the purpose of the meeting, to meet with real property negotiators regarding the price and terms for payment related to Lot A and to discuss anticipated litigation, as permitted under the Brown Act. He reported any action taken by the City Council will occur in open session and will be noticed per the Brown Act.
Public comments were received from: Jack Waddell; Judith Cox; Marcia Newey; Jan Warren; Karl Lofthouse; Lesley Hunt, Friends of the Creek; Diane Crowley Young; Troy Bourne, Spieker Development; and Mariza Rocha, The Glen at Heather Farm (provided handout). Written public comments were also received, provided to the City Council and posted on-line as part of the meeting record.
After an opportunity for public comment on the Closed Session items, the City Council reconvened in Closed Session pursuant to:
a.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Lot A of Subdivision Map 4006, dated March 1970 (a fifty square foot area of land near Kinross Drive) Agency Negotiators: Dan Buckshi, Steve Mattas and Heather Ballenger Negotiating Parties: City of Walnut Creek and Spieker Senior Development Investment, LLC Under Negotiation: Price and terms for payment
1st Addendum - Public Comment Received Prior to Meeting 2nd Addendum - Public Comment Received Prior to Meeting Public Comment Received at Dais
b.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
Significant Exposure to Litigation: Number of Cases - one.
4. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING at 1:05 p.m. ________________________________________
Suzie Martinez, MMC
City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Cindy Silva
2022-23 Mayor of the City of Walnut Creek