RED BLUFF PLANNING COMMISSION

MINUTES

Date of Meeting: February 8, 2005

Time of Meeting: 5:15 p.m.

Place of Meeting: Council Chamber, City Hall

The agenda for this meeting was posted pursuant to Resolution No. 28-1995.


Commissioners Present: Doug Dale

James Brink

Dan Irving

Dennison Herring

Jack Winter

Commissioners Absent: None


Staff Present: Charlie Mullen, Planning Director

Scot Timboe, Planner

JD Ellison, Building Official/Director

Gary Antone, Director of Public Works/City Engineer

Cheryl Smith, Deputy City Clerk


Chairperson Dale called the meeting to order at 5:15 p.m.

CITIZENS COMMENTS

None



CONSENT CALENDAR

M/S/C Herring, Brink to approve the Consent Calendar.

AYES: Commissioners: Brink, Dale, Herring, Irving and Winter

NOES: None

ABSENT OR NOT VOTING: None

1. APPROVAL OF MINUTES – JANUARY 25, 2005

Approved -- 5-0-0


CURRENT BUSINESS

PUBLIC HEARING TO CONSIDER ORDINANCE NO. 957; REZONE NO. 196; REVISING CITY CODE SECTION 25.239 DEFINITIONS, SMALL ANIMAL KEEPING, TO AMEND STANDARDS AND RESTRICTIONS ON POULTRY AND RABBITS OR OTHER SIMILAR SMALL ANIMALS PER HOUSEHOLD

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the Planning Commission:

1. Conduct the Public Hearing and consider all public testimony and all other information submitted relating to Ordinance No. 957.

2. Find that adoption of Ordinance No. 957 is exempt from CEQA pursuant to Section 15061.b.3 of the CEQA Guidelines.

3. Recommend that the City Council adopt Ordinance No. 957, amending Section 25.239 DEFINITIONS; Small Animal Keeping, of the Red Bluff City Code.

Chairperson Dale opened the Public Hearing at 5:22 p.m.

Jerry Wilson, citizen, spoke opposing the change to the code. The original complaint was in the keeping of the animals and not the number kept. They had contacted the Tehama County Animal Control and only one complaint regarding chickens had been received. He asked that the current Ordinance be enforced and that the code not be changed.

Ron Nelson, citizen, spoke in support of the Ordinance changing the City Code as his neighbor had chickens that were not kept in a contained area. The current Ordinance was adopted in the early 1960’s and the City was at that time still considered rural. The Grandfather clause is built into the code so the change would not affect those who currently have 12 chickens that are kept contained. He thanked Mr. Mullen and Mr. Timboe for doing an excellent job on this proposed change.

Mr. Mullen clarified that the Ordinance does include a Grandfather clause that would allow those people who currently have 12 chickens to keep those, but they would not be able to replace any that are lost.

Chairperson Dale closed the Public Hearing at 5:30 p.m.

Commissioners requested clarification on what type of poultry are similar to chickens and whether zoning would be considered as some areas might not be appropriate for keeping chickens and if a building permit would be required.

Staff clarified that they felt the statement “Similar Poultry” after chickens would take cover doves and pigeons and that the Ordinance requires a fenced yard, so someone living in an apartment that doesn’t have an individual yard could not keep chickens and/or rabbits. Also the yard would have to be fenced and be large enough to contain an enclosed structure that has the necessary setbacks from property lines. The Building Official/Director stated that no permit would be required if less than 120 s.f. in area, but the Building Department would like to verify that it’s built to the minimum code requirements.

Commissioner questioned the possibility of changing other items in the code such as increasing the number of dogs, cats and the elimination of the keeping of Pot Belly Pigs from the City Code.

Mr. Mullen stated that this Public Hearing had been advertised for discussions only pertaining to Chickens and Rabbits and that it would not be appropriate to discuss and/or make any formal recommendations to changes in other parts of the Code. If the Commission wished to continue and re-notice the Public Hearing to include the discussion of cats and dogs they could direct staff to do so.

Staff also suggested that the Planning Commission could consider a recommendation to the City Council that they send this matter back to the Planning Department and appropriate public notification be done if they felt the discussion should be expanded to include dogs, cats and/or pot bellied pigs.

M/S/C Winter, Brink to adopt staff recommendation, but change the portion that states 3 animals or dogs to 4 animals or dogs.

Commissioner Irving stated that this motion might be outside the scope of what was agendized.

Mr. Mullen stated the advertisement was specific to dealing with poultry and rabbits.

Motion and second was withdrawn by Commissioners Winter and Brink.

M/S/C Irving, Herring to recommend to the City Council that they not adopt Ordinance No. 957, amending Section 25.239 DEFINITIONS: Small Animal Keeping, of the Red Bluff City Code.

AYES: Commissioners: Dale, Herring, Irving and Winter

NOES: Commissioners: Brink

ABSENT OR NOT VOTING: None


PUBLIC HEARING TO CONSIDER; TENTATIVE PARCEL MAP 04-22; MITIGATED NEGATIVE DECLARATION; RESOLUTION NO. 05-005; 2430 SISTER MARY COLUMBA DR.; DR. KEVIN WAITS (OWNER)

Scot Timboe, Planner, reviewed the staff report, noting amendments to some of the conditions such as the curb and sidewalk is already in place so the planter strip requirement was removed, CalTrans requirement that the drainage flow should flow onto St. Elizabeth rather than the I-5 right-of-way and gave staff’s recommendation that the Planning Commission:

1. Conduct the Public Hearing.

2. Consider all public testimony and all other information relating to this project submitted to the Commission.

3. Adopt Resolution No. 05-005 recommending approval of the Mitigated Negative Declaration and Tentative Parcel Map 04-22 with the Findings and Conditions of approval shown in Resolution No. 05-005.

4. Recommend that the City Council approve the Mitigated Negative Declaration and Tentative Parcel Map 04-22 with the Findings and Conditions of approval shown in Planning Commission Resolution No. 05-005.

Chairperson Dale opened the public Hearing at 6:05 p.m.

E. C. Ross of Robertson and Dominick stated that he was available to answer any questions the Commission might have.

Commissioners questioned if Dr. Clark’s retention area to the north was going to be utilized.

Mr. Ross stated that it was not.

Chairperson Dale closed the Public Hearing at 6:07 p.m.



M/S/C Herring, Winter to:

1. Adopt Resolution No. 05-005 recommending approval of the Mitigated Negative Declaration and Tentative Parcel Map 04-22 with the Findings and Conditions of approval shown in Resolution No. 05-005.

2. Recommend that the City Council approve the Mitigated Negative Declaration and Tentative Parcel Map 04-22 with the Findings and Conditions of approval shown in Planning Commission Resolution No. 05-005.

AYES: Brink, Dale, Herring, Irving and Winter

NOES: None

ABSENT OR NOT VOTING: None


PUBLIC HEARING TO CONSIDER; TENTATIVE PARCEL MAP 04-48; RESOLUTION NO. 05-006; 2550 SISTER MARY COLUMBA DR.; 35-070-60; ST. ELIZABETH HOSPITAL/MR. JACK CLARK (OWNERS AGENT)

Scot Timboe, Planner, reviewed the staff report and gave staff’s recommendation that the Planning Commission:

1. Conduct the Public Hearing.

2. Consider all public testimony and all other information relating to this project submitted to the Commission.

3. Adopt Resolution No. 05-006, recommending approval of Tentative Parcel Map 04-48 with the Findings and Conditions of approval shown in Resolution No. 05-006.

4. Recommend that the City Council approve the Tentative Parcel Map 04-48 with the Findings and Conditions of approval shown in Planning Commission Resolution No. 05-006.

Chairperson Dale opened the Public Hearing at 6:10 p.m.

Mark Saltzman of Duane Miller Engineering was present to answer any questions the Commissioners might have.

Commissioners requested clarification regarding the planter strip and were informed that no sidewalk currently existed in this area so at this time the standard planter strip requirement is being recommended, but staff would consider whether or not it should go in.

Chairperson Dale closed the Public Hearing at 6:12 p.m.



M/S/C Irving, Brink to:

1. Adopt Resolution No. 05-006 recommending approval of Tentative Parcel Map 04-48 with the Findings and Conditions of approval shown in Resolution No. 05-006.

2. Recommend that the City Council approve the Tentative Parcel Map 04-48 with the Findings and Conditions of approval shown in Planning Commission Resolution No. 05-006.

AYES: Commissioners: Brink, Dale, Herring, Irving and Winter

NOES: None

ABSENT OR NOT VOTING: None


PLANNING COMMISSION/STAFF ITEMS/REPORTS

Mr. Mullen discussed the possibility of the February 22nd meeting being cancelled due to there only being one possible agenda item.

JD Ellison, Building Director/Official, stated that there have been some new developments on the abatement of property located at 625 Wernmark and that he may have an item that the Planning Commission may need to address at the February 22nd Meeting.

There being no further business Chairperson Dale adjourned the meeting at 6:17 p.m. to February 22, 2005 at 5:15 p.m.


Respectfully submitted,


Charlie Mullen

Planning Director