City Council Special Meeting 4pm/ Regular Meeting at 6 pm Tuesday, May 21, 2024
CITY HALL
1666 N. MAIN STREET, WALNUT CREEK
CouncilMembers:
FRANCOIS
SILVA
wILK
mAYOR pRO tEM Darling
mayor Haskew
Meeting minutes were approved by the City Council on June 4, 2024.
CITY COUNCIL SPECIAL MEETING AT 4:00 PM
Council Chamber, 1st Floor
1. OPENING AND PUBLIC COMMUNICATION
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 Haskew stated that under California law, public comments at special meetings are limited to subjects on the agenda only. Written comments were received, provided to the City Council and posted online as a part of the meeting record.
2. PUBLIC HEARING
a.
ADOPTION OF RESOLUTIONS REGARDING RESIDENTIAL AND MIXED-USE DESIGN REVIEW STANDARDS AND GUIDELINES AND LOCAL CEQA GUIDELINES; AND WAIVE READING AND INTRODUCTION OF AN ORDINANCE FOR AMENDMENTS TO THE MUNICIPAL CODE INCORPORATING OBJECTIVE RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS AND REFINEMENTS TO THE DESIGN REVIEW PROCESS Senior Planner Jeanine Cavalli discussed the amendments and new standard being presented by staff regarding Residential and Mixed-Use Design Review Standard and Guidelines. She reported that changes to California’s housing laws require most new housing projects to be reviewed against objective standards. In addition, City stakeholders have identified a desire for streamlined City development processes, which includes design review. On July 18, 2023, and October 24, 2023, the Council provided specific policy direction to streamline the City’s design review entitlement process and to update the role of the Design Review Commission (DRC). Staff has prepared updated residential and residential mixed-use objective design standards and objective development (zoning) standards, and proposed amendments to the City’s design review process and the roles of the DRC and City Staff.
Associate Planner Ben Schuster presented the proposed changes to help streamline the design review process. He noted a response to public comments were provided, distributed to the City Council and posted online.
Public comment was received from: Kevin Burke. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Motion by Councilmember Matt Francois, second by Councilmember Cindy Silva, carried unanimously
, to ADOPT RESOLUTION NO. 24-24 making CEQA exemption determinations pursuant to CEQA Guidelines Section 15061 (b)(3) and findings, adopting the Residential and Mixed-Use Residential Design Standards + Guidelines, and repealing the City's current 1996 design review guidelines and standards and its 2018 addendum, to the extent applicable residential and mixed-use projects.
YEAS:
Councilmember Cindy Silva, Councilmember Matt Francois, Councilmember Kevin Wilk, Mayor Haksew, Mayor Pro Tem Darling.
Motion by Councilmember Cindy Silva, second by Mayor Haksew, carried unanimously
, to ADOPT RESOLUTION NO. 24-25 updating the City’s outdated CEQA guidelines to reference those published by the State and to incorporate them by reference.
YEAS:
Councilmember Cindy Silva, Councilmember Matt Francois, Councilmember Kevin Wilk, Mayor Haksew, Mayor Pro Tem Darling.
Motion by Mayor Pro Tem Darling, second by Councilmember Matt Francois, carried unanimously
, to INTRODUCE AND WAIVE READING OF AN ORDINANCE amending the Municipal Code to implement objective development standards for residential and mixed-use developments, the updated design review process including the revised role of the Design Review Commission and Community Development Director and other internal consistency minor changes to include the errata presented by staff and request staff to bring back a resolution to address design review standards on energy efficient windows.
YEAS:
Councilmember Cindy Silva, Councilmember Matt Francois, Councilmember Kevin Wilk, Mayor Haksew, Mayor Pro Tem Darling.
Agenda Report
Attachment 1 Draft Resolution Adoption of DRSGS
Exhibit A to Attachment 1 Errata
Exhibit B to Attachment 1 Adoption Draft
Exhibit C to Attachment 1 DRSGS Response to Comments
Attachment 2 Draft Resolution Repealing Current and Adopting New CEQA Guidelines Attachment 3 Draft Ordinance
Attachment 4 Planning Commission Resolution 3951
Attachment 5 October 24, 2023 City Council Staff Report Attachment 6 Article 12 Design Review (Existing)
Attachment 7 Article 12 Design Review (Proposed)
Attachment 8 Project Examples
Addendum
Addendum 2
Errata Sheet
3. ADJOURNMENT OF THE CITY COUNCIL SPECIAL MEETING at 5:00 PM _________________________________________________________________________________________________________________________________ CITY COUNCIL REGULAR MEETING AT 6:00 PM
Council Chamber, 1st Floor
1. OPENING
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. a.
PLEDGE OF ALLEGIANCE
b.
ROLL CALL - all Councilmembers were in attendance.
c.
PROCLAMATION: National Public Works Week
d.
PROCLAMATION: Affordable Housing Month
e.
PRESENTATION: Sustainable Walnut Creek
f.
PRESENTATION: Local Hazard Mitigation Plan
2. CONSENT CALENDAR
Motion by Councilmember Matt Francois, second by Councilmember Kevin Wilk, carried unanimously
, APPROVE THE CONSENT CALENDAR as follows, including the revised Resolution establishing the appropriation limit for Fiscal Year 2025(Attachment 7) to Consent Calendar Item 2f as provided in advance of the meeting and posted on-line as part of the meeting record. Councilmember Silva recused herself from Item 2K due to residency in proximity to the project site.
YEAS:
Councilmember Cindy Silva, Councilmember Matt Francois, Councilmember Kevin Wilk, Mayor Haksew, Mayor Pro Tem Darling. a.
APPROVED CITY COUNCIL MINUTES of May 7, 2024.
Minutes
b.
ACCEPTED WARRANT REGISTERS dated April 12, 2024 (2), April 19, 2024 (2), and April 26, 2024; and DIRECT PAYROLL TRANSFERS dated April 19, 2024 (2).
Warrant Registers
c.
ADOPTED ORDINANCE NO. 2237 amending Title 10 (Planning and Zoning) or the Municipal Code for the purpose of adopting an Overlay Zone, and amending the zoning maps, to create a Mixed Use Special District Overlay located on 2100 North Main, 2150 North Broadway, and 2100 North Broadway in the Automobile Sales/Service and Custom Manufacturing (AS-CA) District in the North Downtown Specific Plan for the Walnut Creek Mixed Use Special District Project. (Introduced 5/7/24).
Ordinance for MUSD Overlay
d.
ADOPTED ORDINANCE NO. 2238 approving a Development Agreement by and between the City of Walnut Creek and TWC Property Holdings, LLC for the Walnut Creek Mixed Use Special District Project (Introduced 5/7/24).
Ordinance for Developer Agreement
Exhibit A
Exhibit B
e.
ACCEPTED REPORT as recommended by the Finance Committee for the Fiscal Year 2024 3rd Quarter Budget update.
Agenda Report
Attachment 1 General Fund Summary
Attachment 2 Measure O Report
f.
ADOPTED RESOLUTION NO. 24-26 amending the Fiscal Year 2025 budget to increase appropriations across various funds and amending the Master Fee Schedule; and ADOPTION OF RESOLUTION establishing the annual appropriations limits for fiscal year 2025.
Agenda Report
Attachment 1 FY25 Budget Proposed Changes
Attachment 2 FY25 MFS Changes
Attachment 3 FY25 General Fund Summary
Attachment 4 FY25 Measure O Summary
Attachment 5 FY24 FY 25 Authorized Position Summary
Attachment 6 Proposed Resolution Amending FY25 Budget and MFS Attachment 7 Draft Resolution Establishing FY25 Appropriation Limits Addendum
g.
ADOPTED RESOLUTION NO. 24-28 adopting a list of projects for Fiscal Year 2024-25 funded by SB 1: The Road Repair and Accountability Act of 2017.
Agenda Report
Attachment 1 Draft Resolution
Attachment 2 Project Description Worksheets
h.
ADOPTED A PROCLAMATION proclaiming May 2024 as Asian American and Pacific Islander Month in the City of Walnut Creek.
Agenda Report
Proclamation
i.
ADOPTED A PROCLAMATION proclaiming May 2024 as Mental Health Awareness Month in the City of Walnut Creek.
Agenda Report
Proclamation
j.
AWARDED CONTRACT 23-10, the Boundary Oak Golf Course Driving Range Renovation project to Carone & Company, Inc., including approval of Change Order 1 for a contract price of $3,843,375, with a construction contingency of $387,625, for an authorized total of $4,231,000; and AUTHORIZATION OF THE CITY MANAGER to execute Task Order 10 with Avila Project Management for $246,237 to provide consultant project management services for the Boundary Oak Golf Course Driving Range Renovation project.
Agenda Report
Attachment 1 Bid Evaluation
Attachment 2 Contract Changes Order 1
Attachment 3 Task Order Avila Project Management
k.
AWARDED CONTRACT 24-03, the Tice Creek Bridge at Castle Hill Road Bridge Strengthening project, to Pacific Underground Services for a contract price of $162,420, with a contingency and reserve not to exceed $35,000, for an authorized total of $197,420.
Agenda Report
Attachment 1 Map
Attachment 2 Bid Evaluation
3. PUBLIC COMMUNICATIONS
Public comment was received from Charles Kreling. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Public Comment Addendum
4. COUNCILMEMBER AND STAFF ANNOUNCEMENTS, REPORTS ON ACTIVITIES OR REQUESTS a.
Closed Session announcements - none.
b.
City Manager report - none
c.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events Councilmembers announced upcoming events, reported on meetings and other local events attended since the last meeting; and made comments on issues of concern.
5. PUBLIC HEARING
a.
APPEAL OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT (APPLICATION NO. Y23-030) TO ALLOW A CHICK-FIL-A RESTAURANT (WITH TAKE OUT SERVICE BUT NO DRIVE THRU) IN A FREESTANDING BUILDING AT 2290 OAK GROVE City Council Ex Parte Contacts Disclosure - Councilmembers noted that they all had been contacted by applicant and/or representatives as well as concerned residents appealing the Planning Commissions determination.
Mayor Haskew reported on the public hearing process, noting the timeline of presentations and public testimony period.
Associate Planner Simar Gill presented background on Application No. Y23-030 Conditional Use Permit for a Chick-Fil-A restaurant. On March 14, 2024, the Planning Commission held a public hearing, took public testimony, made environmental determinations regarding project exemption under the California Environmental Quality Act (“CEQA”) and use permit findings, and adopted Resolution No. 3948 approving a Conditional Use Permit (“CUP”) for a Chick-Fil-A restaurant (with take out service but no drive thru) located in a freestanding building within the Citrus Marketplace Shopping Center. As part of the Resolution, the Planning Commission also approved a Tree Removal Permit and determined the parking on site was adequate for the proposed use. On March 25, 2024, Corban Porter and Friends of Walnut Creek (collectively, “Appellant”) timely filed an appeal of the Planning Commission’s decision by stating that the proposed restaurant would be detrimental to the health, safety and welfare of the community due to the concerns related to traffic, pick up/takeout food deliveries, nuisance, and the proposed hours of operation. On May 13, 2024, Mr. Porter submitted an additional appeal letter to the City raising additional issues regarding CEQA review and related food-delivery driver safety and traffic issues. These claims on appeal are addressed in the later section of this report. Pursuant to Walnut Creek Municipal Code Section 10-2.4.102, the City Council is the hearing body for the appeal of the Planning Commission’s decision (Resolution No. 3948) on the approved Project.
She reported that additional public comments were received as well as an additional letter from the applicant re: Contribution to Traffic Calming Measures, were provided to the City Council and posted online as part of the meeting record.
The meeting was recessed from 8:17 p.m. to 8:27 p.m.
Corban Porter presented on behalf of the appellant.
Christine Cho and Nathan Loveland presented on behalf of the applicant team.
Public comments were received from Samantha Garske; Lynn Garske;Stanley Chow; Rica Zaharia; Dennis Babbits; Virginia Broce; Ahmed Nisar; Gav Verma; Stephen Lee; Janine Payne; Matt Klinger; Jennifer Hunt; Katie Pierceall; Jessica Hunt; Brian Wayne; unknown person; Stella Kondonijakos; Jennifer Enzweiler; Jake Schapiro; Gail Murray; Tom Johnson; Steven Carter; Brent Shaffer; Bobbie Vannucci; Patricia Hambly; Craig Henderson; Marina Burke; Justin Burke; unknown person; Zer Iyer; Elizabeth Schrag; Lauren Lee; Devin Jackson; Nicole Brooks; Julie Patrick; Kristen McNulty; Gian Peterson; K.B.; Ryan Brown; and Eric Baker. Written comments were received, provided to the City Council and posted online as part of the meeting record.
Nathan Loveland rebuted on behalf of the applicant team.
Corban Porter rebutted on behalf of the appellant.
The meeting was recessed briefly.
City Attorney Steve Mattas presented amendments to conditions for City Council to consider.
Chick-Fil-A representatives agreed to the proposed amendments presented by the City Attorney.
Motion by Councilmember Matt Francois, second by Councilmember Cindy Silva, carried unanimously
, TO DENY THE APPEAL AND ADOPT RESOLUTION NO. 24-29 upholding the Planning Commission’s decision of the Project subject to conditions of approval contained in the draft resolution as well as adding 3 conditions and amending 1 condition:
o ADD CONDITION: At any time a minimum of six months and not later than three years after issuance of certificate of occupancy for the Project, the City Engineer or designee, upon a reasonable determination that the Project is causing traffic impacts to adjacent streets, traffic access or parking issues within Citrus Marketplace, the City Engineer may require the Applicant to prepare a traffic or parking analysis and recommendation to address the impacts. The City Engineer is authorized to impose the measures proposed in the traffic or parking analysis. The analysis and recommendations may include mitigation methodologies employed at other similar restaurants or take out facilities. o ADD CONDITION: Applicant shall provide a fair share contribution toward traffic safety improvements at the intersection of Ygnacio Valley Road and Oak Grove Road to modify the westbound right turn slip lane. The fair share contribution is calculated based on peak vehicle trips generated by the project compared to existing vehicle volume. o ADD CONDITION: The project shall install and maintain, in good working order, air treatment and ventilation systems including but not limited to mechanical hood systems that have capture jet technology to remove grease particulates and prevent frying and cooking smells from existing outside the restaurant. All air treatment, filtration, and ventilation systems shall conform to the odor control plan submitted to and approved by the Planning Commission as of March 14, 2024. o AMEND CONDITION: 4a from Planning Commission Resolution No. 3948 “The hours of operation for this tenant space is limited from 6:00am to 10:00pm daily.
YEAS:
Councilmember Cindy Silva, Councilmember Matt Francois, Councilmember Kevin Wilk, Mayor Haksew, Mayor Pro Tem Darling.
Agenda Report
Attachment 1 Draft Resolution
Attachment 2 Vicinity and Aerial Map
Attachment 3 PC Approved Resolution 3928
Attachment 4 Planning Commission Staff Report
Attachment 5 Applicant Business Operating Plan
Attachment 6 Appellant Appeal Letter
Attachment 7 Applicant Response to Appeal
Attachment 8 Project Plans
Attachment 9 Traffic and Parking Demand Study
Attachment 10 VMT Analysis
Attachment 11 Arborist Report
Attachment 12 Exhaust Hood Fumes-Odor Data
Attachment 13 PD 2224
Attachment 14 Original PD1936 (Superseded)
Attachment 15 Excerpts for Parking Regulations
Attachment 16 Owners Letter for Chick Fil-A
Attachment 17 City Response to Public Comment
Attachment 18 Appellant’s 2nd Letter
Attachment 19 Applicants Response to Appeal
Attachment 20 Vehicle Miles Traveled
Attachment 21 Landlord’s Letter of Support
Attachment 22 Public Comments
Addendum
6. ADJOURNMENT OF THE REGULAR MEETING CITY COUNCIL on Wednesday, May 22, 2024 ________________________________________
Ellena Branson
Deputy City Clerk of the City of Walnut Creek
Approved:
_______________________________________
Loella Haskew
2023-24 Mayor of the City of Walnut Creek