I ask everybody to either silence or turn off your cell phones and mobile devices
this is not an airplane but still could be
a little bit embarrassing for you let's start tonight's meeting with
a pledge of allegiance please. I pledge you just to the
flag Yes yes of America and probably just yes the nation
. And it is well let me just
. Thank you and your
thank you for being here and welcome to tonight's special meeting of the Fortuna
city council this Tuesday October twenty sixth two thousand and ten could we have
a roll call in the police councilman Bertie Yes councilman Glazer here comes when
Sandy hear their protests strong here now what church here thank you Linda that's
a nice meeting we have one business I don't know but before we get into that one
item we need to open it up for all comments so the public from the public where
members of the public may be heard on any advent of interest that is not on
tonight's meeting agenda speakers addressing the Count's were asked to limit their
comments to three minutes perspective and please be advised that by law the city
council is not able to deliberate or take action on issues presented during all
comments if it's not on tonight's agenda so anything that is not on tonight's
agenda now is the time to come up and make common anything you please
Mr Mayor make
a motion close public comment period. Second move and second to close the public
comment period all in favor say aye aye aye aye and you post in case that's Kerry.
And like I said there is one item on tonight's agenda it is
a public hearing to consider certification of the program environmental impact
report for the Fortuna general plan update and accompanying findings under the
California Environmental Quality Act and consider adoption of the port tuna general
plan update through adoption of resolutions two thousand and ten dash forty five
and two thousand and ten dash forty six and just to let everybody know kind of the
order how things are going to happen this evening is we will be receiving
a staff report. And then those of us on the council may have some questions or
direction or anything we might want to say in relation to the staff report and then
we will open the public hearing and during the public hearing it in will and we
will ask those who speak to to limit their testimony to three minutes once we've
taken testimony for the public hearing we will close the public hearing counsel may
have
a couple of questions just for clarification but then we will recess and we will
allow staff and legal counsel to consider what has been brought forward during the
public comment period during the public hearing and also perhaps some comments or
question that council members may have. We want staff and legal counsel time to
kind of digest and to prepare responses where those response where responses are
appropriate and then we will reconvene and we will receive or and or report from
the staff concerning the comments and questions received during
a public hearing. And after that we will take up deliberation and consider the two
resolutions that are in front of us tonight so doing would you like to get us
started with the staff report and I have very brief introduction of your staff who
have been of course working on this project for five years and were delighted to be
here this evening for this event Shorey our deputy director of Community
Development and the Corps Steven Avis our associate planner and then representing
our primary consultant plan West Robert C.V.
And of course our consulting sequal attorney Larry Wiener who you met in
a previous meeting and of course your city attorney and myself so that's our
introduction to you I'm going to turn it over to Stephen to start the presentation
. Thank you very much to marry
members of the Council. In previous meetings we've talked
a lot about the importance of general plans the legal requirements for general
plans. What's included in general plans their role in terms of shaping the
community projecting population growth in the development that we want to see
happen as
a result of that we won't go over all those details now unless you would like to
refine in on those. But suffice to say that it has been a long
a long road that we have been traveling together to get to this point this general
plan among other things highlights five areas within the city where we expect
development to occur in the next twenty twenty five thirty years we would like that
to occur and makes provisions for allowing us to help shape that and define how
that's going to be done and for the betterment of the city it also projects for
areas that are suitable for an extension of the city in the future to meet needs of
the city and to benefit property owners in those areas as well those are the main
thrust of the of the plan itself.
Of course as we move forward on this I'd like to thank the council the Planning
Commission the community advisory group and all the people who showed up at the
workshops early on in this process ironically our first community workshop was on
November tenth and twenty zero five which is just about five years ago. There was
a lot of
a lot of community interest in those in those workshops as you know and that kicked
off a
a long chain of events that is called leading this evening's proceedings. Along
the way we've generated
a lot of. Paperwork much of which we've identified here on the front table lot of
documents were prepared
a lot of reports written many things considered we have charts and diagrams in the
back room that we're not bringing out the C Evening people's notations handwritten
notes green dots all sorts of things that we were using to begin to figure out what
it was that the community was looking for and how to and how to develop it into
a plan for the future which you have tonight before you were two resolutions
on page thirteen of your staff report you will find
a pretty lengthy Resolution two thousand and ten forty five this will be the first
start of your first resolution that you will be looking at which will be towards
the certification of the I.R.
And our secret tourney Larry winner will go over that with you in more detail
a little bit later in the staff presentation following that one on page seventy
nine has
a resolution twenty ten ash forty six which will be the adoption of the general
plan and with those are
a number of policies by my reference. But I'd like to do now is to go over
the changes to the policy language that appears in the document that you've now had
in binder form for some time and walk you through some of those on beginning on
page one hundred one. Other staff reported detachment day
these are recommendations which were generated by the Planning Commission during
twelve meetings that they held when they reviewed the document.
These were introduced to you at the joint public session on the eleventh of this
month. We've made
a change to one of those on page one hundred four item at the bottom
. And staff is recommending a replacement of the language on that and we provided
a copy on your diocese. To you for the language change staff is recommending that
the language addressing loading zone that are near noise sensitive
receptor such as day care centers senior centers senior retirement homes
residential areas and so forth be modified. To remove specific language by
requiring noise walls and restricting limitations of delivery and
pick up by hour and day that week the new language that we're recommending for the
loading dock section of it is as follows The proposed new law that loading docks
adjacent to noise sensitive land uses shelling clude noise attenuate the futures
were required to ensure that associated noise does not exceed sixty DVA L.D.N.
At the exterior is of any existing of proposed residential use this is the language
that was proposed by the Planning Commission and staff agrees that it that it's
appropriate in this location and as asking that you consider that to replace
comment P.
In the staff report the other items remain as they are on that
on page one hundred seven. Detachment be. Attachment be contain some
language changes that was generated recently as
a result of the preparation of the environmental impact report the change language
results from comments that we received from resource agencies and it has added some
new language in about four policies and then is actually removing
a couple of policies dealing with transportation and those are being moved into the
I.R.
Document. On
page one zero seven I'm sorry one zero nine there are two items the first one was
language requests language change requested by the City Council itself and that
dealt with historic agricultural retention it was felt by the both the Planning
Commission and the City Council that the language to boost two specific to one
parcel and that it could be reworded to be more broadened and so that
recommended policies is listed there is and see our seven point one two historic
technical for retention if requested by property owners the city shall cooperate
with the owners of established orchards or farms at least fifty years of age to
explore options for retaining the historic nature of the land so the establishment
of historic park and or cultural resource center as
a private nonprofit entity by means of conservation easement or as
a donation of historic Parkland to the city and then the third item
is a request by staff to modify the colossally of terms by adding
a new definition defining public inquiries like public facilities as follows.
The institutional academic governmental and community service uses such as parks
schools libraries governmental facilities cemeteries fire stations airports
hospitals to his treatment plants or refuse transfer stations and recycling centers
public inquiries like public uses are conditionally permitted and that gives
greater clarity as to what is intended by that definition. And that was intended to
respond to concerns that had been expressed it at several meetings by. Your group
or disposal among others.
Also included in
a staff report then is the. The final You are what you have received separately as
a compound document and I apologize for the irregular reading of the first version
of that had. And then finally is the
. Mitigation monitoring reporting program which is included in the package as well
in those planes the subsequent steps of the city will take to ensure that the
medications that are listed in the environmental impact report are adhere to and
followed because of the way in which the city structured its policy document and
environmental impact report are mitigation monitoring program is fairly limited
there were not
a lot of mitigation measures needed forward for the city's general plan so that
makes that process
a little bit easier and easier to go on the development community as well.
The preparation of
a general plan includes several components the main thing obviously is the policy
document that you've been that you've had in your hands and more recently the
actually larger that body of work which is the environmental impact report which
evaluates the effects that are desired growth in the city would have on the
environment and what steps should be taken to. Minimize or religion
a negative environmental impacts and that's part of the requirement that we deal
with the sequel and that portion of the staff who will be provided by our
secret journey Larry winner and by Robert Hellman who is primary author of the
environmental impact report and help staff then to respond to comments from the
comet letters we received as
a result of circulating the document so at that point I will turn it over to
a misdemeanor. Thank you. About two weeks ago when I was here we spoke
a little bit about sequence so I will try not to retrace those steps again and
repeat that discussion so but I would like to just briefly note that the
documents during front of you really embody two things they embody both local
desires and a response to state and in some cases federal mandates and there is
a result of that I think as we all acknowledge there is probably some language in
each of these documents that we have in there not as
a result of local desires but really as
a response to the need to comply with both state and federal law that said. I
believe that there is
a benefit to swallowing hard and incorporating this mandated language into these
documents because believe it or not at the end of the day by incorporating that
language into these documents I believe you will be streamlining development in the
future by addressing these issues now and in
a comprehensive way it will allow development to move forward without having to
address these issues on
a case by case basis and spearing in some cases the developer either the time to
well both the time and the expense of addressing these issues as in the individual
development moves forward in my experience in fact there are some larger developers
who wouldn't choose to develop in
a community where the path has not been paved with
a document such as this and I think you as I recall had some experience with that
when you had someone looking at the former mill property. Rather though then spent
a lot of time dwelling in generalities here and now let me if I may turn the matter
over to Mr Hellman who is going to review what specifically is provided for in the
E.R.
And I will course be happy to answer any questions regarding the matters if you would
like to ask any later on.
Thanks Larry good evening tonight I will be presenting
a short about ten minute presentation on the findings of the program environmental
impact report I'll start with
a short discussion of the California Environmental Quality actor sequence including
going over the history of the current process and the type of it I are that was
prepared next I'll cover the draft program E.R.
That was prepared for the general plan including its contents and findings and
finally I'll go over the list of commenters the contents and the findings of the
final program environmental impact report. Starting
with the history of the current process in two thousand and seven
a general plan background report was prepared basically to serve as
a baseline of environmental information for both the general plan and the E.R.
. In two thousand and seven there was also
a citizen's advisory group meetings and community workshops. Where
input on general plan formulation was taken. In two thousand and eight
a general plan update policy document was prepared and also the first story of the
two thousand and eight draft program you are with circulated after that you are
were circulated city council directed staff to revise the two thousand and eight
policy document and revise and we circulate the two thousand and eight draft
program are based on city legal councils review of agency and public comments
received on the two thousand and eight Yar and associated recommendations for
revisions also the planning commissions request to have
a greater role in general plan formulation and finally the addition of the Rona
rural airport annexation area to the plan. In two thousand and nine the Planning
Commission held twelve general plan update public workshops
a revised general plan update policy document was prepared and preparation of
a revised draft program in I.R.
Was initiated. When finally in two thousand and ten the draft program E R was
circulated the final program E.R.
Was prepared
a joint planning commission city council and separate Planning Commission hearing
was held on the general plan and now we're at the current city council hearing to
certify the I.R.
And adopt the general plan
.
With respect to that type of E.I.
Our That was prepared there are several types of V.R.S.
But the two most common are project is the I.R.S.
Or just A I R and program ours or P.E.I.
Ours. Project the I.R.S. And the I.R.
Prepared for
a construction project or similar detail type or project it is for paired at
a detailed site specific or equivalent level of analysis and no subsequent sequal
review is assumed for a program in the I.R. Which is an E.I.
Are prepared for a planner program it is prepared at a lesser level of detail and
a program Matic level of analysis with subject produce
a subsequent project by project seek review assumed as development projects are
proposed under the proposed plan or program. The primary benefit of a program E.R.
Is as Larry indicated before it allow streamlining or tearing of subsequent
project level sequin review So for example if
a subdivision is proposed under the proposed plan or proposed general plan
. Normally you would prepare an initial study and determine whether any I.R.
Was required. Under this tearing process of a program E.I.
Are you would still prepare an initial study but you wouldn't necessarily have to
prepare any I.R.
You could conclude that. The project is consistent with the general plan
and consistent with the range of environmental impacts that were covered
under the program E.I.
Are so for many projects this would save
a year worth of time and also the cost and effort of preparing any I.R.
The Fortuna general plan update D P E I R is
a program E I R And this is consistent with sequel guidelines section one five one
four six which states that the degree of an E.I.
Are specificity shows correspond to the degree of specificity involved in the
underlying activity. Moving on
to the contents of the draft program eat I.R.
. There was an executive summary a introductory chapter
a chapter describing the proposed plan and then nine impact chapters
evaluating the environmental effects of implementation of the proposed plan
including chapters on land use transportation and circulation natural and cultural
resources including biological resources cultural resources water quality farmland
conversion etc
a chapter on parks recreation open space and visual resources. Chapters on public
facilities and services and public health and safety
a chapter of valuating are describing and evaluating
a rainy range of reasonable alternatives to the proposed plan and then chapters on
cumulative impacts and other sequel topics such as growth inducing impacts. The D P
E I are also includes a set of the pen to seize including the original notes
a preparation comments on the prior D.E.I.
Our trip generation by traffic analysis is own Native American Heritage Commission
sacred lands file track air pollution a mission calculations
a hazmat record search the Fortuna general plan background report and the mill
district area plan. With respect to the findings of
the D.P. E.I.A. Are
a total of one hundred seventy number of impacts were evaluated covering each and
every question in the sequel environmental checklist. Of these eighty four impacts
were can complete concluded to be bent on a beneficial impact no impact or
a lesson significant impact six impacts were concluded to be significant before
mitigation but less than significant after mitigation and seventeen impacts were
concluded to be significant unavoidable adverse impacts and other words impacts
where no feasible mitigation is available to mitigate it completely to
a level of loss and significance. These impacts the
significant unavoidable is included. Impact three point one dash two conflicting
with Humboldt County general plan and zoning and this focused on the future and
accession areas where city general plan land used as
a nation's and zoning would replace county zoning and in multiple instances or
actually be an update on her up designation from the existing county land used as
ignitions and zoning impact three point one C.
Is contributing to cumulative complex with the county general plan and zoning which
is basically just the same inconsistency again but assuming that the projects
in concert the general plans in consistencies are added to other inconsistency is
that may be occurring in the county for instance recent Rio del annexations once
again they were placed there or general plan only and used as of nations and zoning
with county zoning so there were obviously some conflicts so so forth and so on
impact three point two dash one growth inducement the general plan would basically
designate land for urban use so that would be growth inducing impact and impact
three point two C.
Once again contributing to cumulative growth inducement. The plan is
basically getting doing twice for a number of these for both resulting in
a project or plan specific impact and also
a cumulative impact in this for the same impact Impact four point one dash one
traffic level of service impacts at Bryant and Main Street South. Beyond
approach impact five point two C.
Contributing to cumulative loss of sensitive species habitat impact five three one
cut converting prime farmland to urban use. And attack five three to
converting timber land to urban use both of these both the farm land conversion and
the temblor conversion have to do with re designating. Certain
. Existing prime agricultural. Or farm land and
existing timber land for urban use. Impact five three three conflicting with
existing agricultural zoning. Five three C.
Cumulative impact farmland and Timberland conversion. Impact eight one one
conflicting with North Coast unified Air Quality Management District pm ten
attainment plan in that development permitted under the plan would generate pm ten
or small particularly the missions at
a time when the area district is trying to reduce pm ten A missions and that's
basically occurs with every new development. Impact eight point one dash to the
emission of construction and operational emissions above Air Quality Management
District significance thresholds impact eight one three the emission of
a substantial amount of T B P M ten in
a air base and that is not an attainment for that particular pollutant. Impact
eight one for conflicting with the state. Greenhouse gas emission reduction goals
and once again that's similar to PM ten where the state has adopted targets for
reducing greenhouse gas emissions but this plan would permit new development that
would generate additional greenhouse gas emissions impact eight one see can drip
contributing to significant cumulative air quality impacts and then impacts eight
two three and eight to see generating traffic noise impacts on existing
sensitive receptors. With respect to these impacts it is important important to
note that the proposed plan would result in so many significant unavoidable as Pax
because of the large development potential under the proposed plan basically under
the plan the. Plan would permit
a net increase of roughly fifty eight hundred residential units over thirteen
thousand new city residents and one point three seven million square feet of new
commercial office and industrial uses So basically doubling the size of the city's
. Residential units and resident population. And quadrupling of the saw
or the amount of commercial office and industrial use so just that that mere.
Masseur increase in residential then development. Under the plan results and so
many significant unavoidable out of recent pacts. And it's because of that and not
because of
a lack of repose environmental pretty protections that so many significant
unavoidable sort of perk. With
respect to the findings of did the P.E.I.
Are concerning alternatives three alternatives were considered in the I.R.
Including
a no project alternative which is basically implementing the system the city's
existing one thousand nine hundred three general plan
a reduced density alternative which included twenty percent less commercial
industrial development and ten percent less residential development and
a resource management alternative which designated certain certain outlying
forested and farmland areas and as either natural resources or agriculture
or rather than some type of urban use. The E.I.A.
Are concluded that the alternatives from least to most impacting were the reduced
density alternative the resource management alternative of the proposed general
plan and finally the no project or one thousand nine hundred three general plan the
ninety three general plan was identified as the most impacting primarily because it
is it lacks many of the environmental protections proposed in the current general
plan document and finally the E.I.
Are concluded that because
a reduced density alternative was the least impacting alternative it was the
environmentally superior alternative. And it should be noted that while the E.I.A.
Are identified the reduced density alternative as the environmentally superior
alternative. Neither the reduced density alternative nor the resource management
alternative would achieve all of the general planned objectives
. And both of those plans or alternatives would also conflict with
has what was apparent during many of the public workshops and previous
hearings which was that city residents do not want their. Their properties down
zoned or down designated and both of those alternatives would do that because of
these reasons city staff is going to be recommending approval of the proposed
general plan instead of either the reduced density or resource management
alternative. Despite that the I.R.
Identifies the reduced density alternative as the environmentally superior
alternative. Moving on to the contents of the finally are our
final program E.I. Are a forty five day public review period on the D.P.I.
Are was provided from July twenty first to September eighth two thousand and ten in
addition a city sponsored public comment meeting on the D.P.I.
Are was held on August thirtieth two thousand and ten. The city received twelve
comment letters during the review process including letters from thema the native
heritage American Heritage Commission Bear River Band of run of roll ranch arena.
Two letters from telephone the apartment of transportation. Book County Department
of Public Works Craig Barry California Department of Fish and Game the Harlan law
firm representing ill river disposal Dean Glazer friends of Roan of rural park
redwood forest and the California Regional Water Quality Control Board. During the
public comment meetings the city also received comments from seven individuals at
the meeting including Sylvia G.
Tell us too long Craig Berry or Jamison representing epic Dennis went
Wally Wright and Mary ash. The contents of the
finally I are broken in the four chapters. Chapter One includes an
introduction that describes the content of the program finally I are in
awe so adopt adopt the draft program E.I.
Are by reference. Comments received on the D.P.I.
Are in responses D.P.I.
Are corrections and additions in response to some of the comments received and
a medication monitoring program that has been incorporated into the final P.E.I.
Are by reference. Finally where the respect to the
findings of the final P.E.I.
Are. Substantial comments were received from regulatory agencies
focusing on watercourse buffers flooding culture resources and traffic
these are not all the comments but where the focus of the comments in addition
substantial of comments from organizations and individuals focused on water core
sponsors non-conforming land uses and the potential for water tanks and run
a real part. In addition several commenters expressed concern with the perceived
restrictive knows of their proposed general plan policies and programs however I
need to point out that these are not substantive comments on the D P E high are
under sequence and are more appropriately addressed as part of the city council's
deliberations on general plan adoption. The comments received required one
thousand corrections and additions to the D.P.I.
Are including the addition of one new mitigation measure and revision to the
language of several proposed general plan policies and programs and these are in
your staff report I can also go over them with if you wish none of these changes
represented new significant impacts or substantial new information and because of
this and also because of the scope content and level of analysis contained in the D
P E R the D.P.I.
Are is considered by staff to be adequate under sequel and no research relation of
the D.P.
Hours required thank you.
Thank you Robert Thanks Terry for the light. That gives you an overview of the
environmental document that has to comprise in those three volumes large volumes
that you see on the table plus the other document that you provided this week. And
it is those collection of I don't then which lead you to the resolutions that are
begin on page thirteen and I'd like to ask Larry when or to review the language of
the of the few resolutions that you will be considering this evening. So as you
have no doubt noticed the sequel findings resolution is likely the most hefty
resolution you will see as
a city council member it is by any measure unusually long for
a resolution but I will try and be brief at least in comparison to the resolution
and explaining the different aspects of it so the first three pages of the
resolution are probably very familiar that it looks
a lot like any other resolution it recites to some extent the history of how we got
to where we are today and certifies that the E.I.A.
Are itself has been prepared in compliance with sequence. Subsequent to that you
get to the exhibits of the resolution where you get some of the meat of the
findings what are the findings Well there are
a couple of findings that the city council required to make as part of the general
plan approval process that let me rephrase there are couple of findings that the
sea Council is required to make that sequel requires the city council to make as
part of the general plan adoption process as part of the process for adopting any
project that is subject to sequence the first of those sets of findings is
a finding with regard to each significant impact that is identified in the E.R.
As you know part of the job of the E.I.A.
Are the environmental impact report is to identify what significant environmental
impacts might be created by the adoption of this project in our case the adoption
of the general plan. With regard to each of those impacts the city council is asked
to determine whether or not with regard to each impact the council
will adopt
a mitigation measure or measures to reduce or substantially lessen the impacts to
a level of in significance or whether mitigation measures might be within the
purview of another agency so there might be mitigation measures available but
they're not within the jurisdiction of the city council and so therefore they
wouldn't be adopted by the city council or third whether there might be mitigation
but that mitigation really isn't feasible for legal technical or social reasons so
as Mr Hellman indicated. Our identified one hundred seven potential impacts
concluded that twenty three of those impacts were potentially significant and as
you read through the the exhibit A to the resolution you will see
that with regard to each of those impacts each of those twenty three impacts the
resolution analyzes whether or not there's mitigation adopted which would reduce or
substantially lessen the impact whether or not mitigation might be within the
jurisdiction of another agency and whether or not mitigation might be unfeasible
and therefore not adopted even if it might be available that's Exhibit A. Then you
will turn to exhibit B.
And as you also know from having read the E A R N E I R doesn't simply analyze
impacts but also presents the city council with information about alternatives to
the proposed project that might reduce those impacts and with regard to each
alternative that's identified in Mr Hellman was talking about them just
a minute ago the city council must take
a look at that impact and decide excuse me take
a look at that alternative and decide whether or not it wishes to adopt that
alternative and in this case the. E.I.
Are analyzed three alternatives one adopting no project at all or continuing for
with the one thousand nine hundred three general plan to
a reduced density alternative and three
a resource management alternative. I say this was Exhibit B.
This is actually toward the end of Exhibit A where that the proposed resolution
actually rejects each of those alternatives for three basic reasons one each of
those would be less effective in stimulating growth and development to each of
those would not adequately accommodate diverse residential development to
accommodate future growth in the community and thirdly at least with regard to the
resource management and reduce tenser The alternative would require some down
zoning which the resolution finds would be an unacceptable infringement on property
rights in the community. So because the
resolution does not determine that the city council should adopt an alternative
that would have no environmental impact at least has no environmental impact under
sequel. This is the city council is required to adopt what is referred to as
a statement of overriding considerations and what that is is it's a fancy name for
a policy statement that the city council is making which is that we understand that
this project this proposed general plan may have some significant impact on the
environment but we believe that despite that impact this plan has sufficient value
that it should move forward and one of the and so Exhibit B.
If you take a look at Exhibit B.
Actually discusses what some of those benefits are that the city council would be
finding justify moving forward with his plan despite the impact. And just to pick
out
a couple I won't I won't read all of them of course but. Some of the reasons for moving
forward the plan despite the impact it would encourage
a range of housing types it would encourage development of a new type of
a new tourist based economic engine on Riverwalk drive it would provide employment
opportunities during construction and additional job opportunities in the areas
designated for commercial use it would facilitate the redevelopment of
underutilized property and it would encourage appropriate development by providing
public services and infrastructure required to serve this development while also in
some cases protecting the natural environment and human health and safety so those
are some of the reasons that are outlined in Exhibit B.
For moving forward with the project despite its environmental impacts and then
finally in the resolution is Exhibit C.
Which is what's known as the mitigation monitoring program and this is
a requirement of sequence it is
a program to ensure that the mitigation measures that are adopted as part of this
resolution are not forgotten in the future so this outlines
a program of how staff will continue to monitor whether or not the mitigation
measures are being implemented and that set forth an exhibit C.
And that perhaps not as briefly as I would have liked but that concludes the
discussion of the sequel findings resolution you have
a second resolution which is the resolution actually adopting the general plan
should you choose to do so that fortunately so much briefer resolution and that
resolution. Reckon or that resolution if you choose to adopt it would adopt the
general plan with the revisions identified by Mr Avis that
arose out of the public process in the planning commission process and were
reviewed earlier this evening and if there any questions I'd be happy to answer to
any questions or start. Question every couple can see our
Mr Hellman and your end to introductory remarks talking about the benefits of the
program manic he I R and the tearing aspects of that
type of environmental document you gave an example of
a subdivision coming to Fortuna. That we
would still do the initial study but may or may not do any further environmental
documentation now where it is that when Where is that triggered that there would be
no further environmental document other than an initial study Well the initial
study is the trigger document the initial study you make determinations for
those same hundred seven impacts that are covered in our man it's the
initial study it's basically
a checklist where you check one of four columns and no one impact less than
significant impact a less than significant impact with a mitigation and
a potentially significant impact where you don't know whether there's many you
don't know really what the impact is and what available medications may be applied
and it's that last column that if you check any of the hundred and seven
questions in the sequence checklist that pushes you to an hour now.
If Because the general plan policy document has been prepared to
be a self mitigating document as much as possible on other words
a lot of mitigation measures that you would normally see applicable to
a development project and the I.R.
Instead appear as policies and programs in the policy document because it is
a self mitigating document future development would need to be consistent with
those policies and programs which basically can also be thought of as mitigation
measures so you would be much much more likely
to. Trigger an E.R.
In the initial study if those policies programs slash mitigation measures weren't
in place so if I may add if I may add to that then I think hopefully help address
your question once this document has been adopted if the document is adopted this
evening an initial study can be performed looking at
a future project and if there's
a determination that that project is consistent with the general plan and doesn't
raise any new impacts that weren't contemplated by the general plan and by the CIA
are it is possible that then you can avoid further environmental review in for the
later development project and that's what we were talking about in terms of
streamlining that the work that's done here we can use to allow future development
to move forward hopefully with lesser environmental review now if it's not
consistent with
a general plan or if it raises issues that weren't contemplated by the general plan
then there may be some additional environmental review required but even then at
least those issues that were covered by the general plan don't have to be addressed
again thank you. All right on this seventeen unavoidable impacts I know
that the statement of overriding consideration is an appendix to the resolution. We
don't have to make
a separate resolution for statement about overriding consideration you don't need
a separate resolution technically what we were able to do the way we set up the
resolution is that there is
a section of the resolution which actually incorporates that exhibit by reference
so technically we have moved it into the resolution by referencing
Thank you can't. QUESTION OK. The
staff have anything more to add before we open it up but no we are complete with
our present or presentation of course as an opportunity to open your public hearing
we. Are going. Let's go ahead and do just that then we were
all open this public hearing now for members of the public to come forward and
provide testimony and orally You can also if you have anything written certainly
submit that at this time please repeat your oral comments and we'd like you to
limit those to three minutes perspicuous Thank you.
Excuse me I am ardent Henry
a member of the planning commission due to marginalization of that commission I am
speaking to you as
a resident of Fortuna. I will address two things mitigation measures in the P.E.I.
Are in the process for approving the general plan first I will discuss the
mitigation measures related to wild land fires described on pages forty one through
forty four of the executive summary for the draft P.E.I.
Which are on pages thirty six pts to seven and seventy five seventy six of TONIGHT
staff report to find justification for these mitigations I conducted
a page by page comparison of your old and new draft P.E.I.
Ours sections on risk assessment for we wildland fires I determine there is no
difference in those sections I also found the previous version states no mitigation
required there is nothing in the new draft version of the P.E.I.
Are that justifies the four pages of mitigation measures many of the proposed
mitigations are the same as what exists in Southern California where I lived for
sixteen years wildfires which have occurred there resulted in evacuation notices
are being posted on my door three times the destruction of hundreds of homes and
the loss of life this is certainly
a different situation from four to know where the P.E.I.
Are states and I quote There has not been
a major wild land fire in the last one hundred years I have had experience with
wild fire on my property in Fortuna where my house could not be built if the
proposed regulations are approved when that fire occurred there were air drops on
the burning grass no structures or other things were affected my experience in four
to one is one hundred year history without
a major Don't while I'm fire indicates we do not need these mitigation measures.
They should be deleted from the P.E.I.
Are in order to meet the criteria for general plan documents stated by Councilman
Bertie we are writing
a general plan for Fortune. If the proposed mitigation measures are now acted there
will be severe limitations on development in the foothills the city will
effectively be taking private property without compensation council members who
have expressed their support for free enterprise and concern about excessive
regulation should support removing these mitigation from the P.E.I.
Are I recommend the council replace the mitigation measures with
a statement of overriding considerations this is
a statement today significant adverse to project impacts are acceptable if accept
expected benefits outweigh unavoidable adverse impacts. Certainly the benefit of
Fortuna residents not having restrictions on their property that can cost hundreds
of thousands of dollars outweigh the risk of
a fire that has not occurred in one hundred years in its rush to approve the
general plan before the election the city has created
a flawed process I will now discuss several process problems and how to fix them.
First I want to make you aware that just because something is legal does not mean
it is the right thing to do it may be legal to tell the Planning Commission to read
the six hundred sixty one pages of the P A R and then tell them the Planning
Commission is not required nor requested to make findings regarding the Bihar
However this creates an obvious conflict for commission members as commissioner
Wells has pointed out if no effort is made to convince commission members of the
need for the requirements in the P.E.I.
How it will be difficult for them to do their job. Another point I want to make is
how undemocratic the process has become in the past month. The fact that some
members of the Planning Commission have not been able to state their concerns with
respect to Chapters five and eight of the policy document violates the principle
that everyone has
a right to be heard if council members are as patriotic as they have stated and
believe in our country's values they should make it possible for these
commissioners to state their opinion I will present
a way to do this. The final process issue that I want to discuss is what should be
considered justification for policy attainments in the general plan documents this
issue can best be stood understood by specific example when all seven planning
commissioners stated they do not agree with H S five point three which states and I
quote The city shall prohibit development on all slopes greater than twenty five
percent they were told the lawyers have read and approved the document the
statement will not be changed there was no discussion of what the lawyer whose
approval met. Staff has stated there is
a risk to the city of lawsuits which challenge policies in the general plan
Consequently it is reasonable to conclude that what the lawyers approval means is
that the CD city is legally empowered to have the policies are there in the general
plan that is not the same thing as saying the policies are what they should be
. Let me be specific no law here is qualified to say whether it is
possible to build on the slope greater than twenty five percent that question
should be answered by a licensed engineer what
a lawyer is qualified to say is state law allows the city to put in place
restrictions on building on slopes the statement sent
a taxman eight to July twenty eighth two thousand and nine staff report to the
Planning Commission which purports to be the legal justification for H S five point
three certainly supports that point of view. The statements do not say
a building should be prohibited on slopes greater than twenty five percent. If the
city council and the Planning Commission are to do their jobs the staff has to
provide sound justification for statements and the general plan documents or other
documents we are reviewed we will be reviewing
a statement that lawyers have read and approved
a document is not sufficient justification. Finally I want to provide my
recommendations for correcting the flawed process the city council should direct
the staff to prepare for and hold meetings with
a planning commission that will define how changes can be made to any approved
documents the city council should direct the staff to hold meetings with
a planning commission that would US gosh Sections five and eight of the policy
document the city council should direct the staff to provide technical answers to
technical questions about policy statements in the general plan documents the city
council said Jurek staff that these things be done in
a timely manner prior to working on this zoning code or other things related to the
general plan all of these recommendations result from the Planning Commission being
told that staff takes its direction from the City Council thank you for listening
to me thank you.
Mr Speaker I am a real property agent with the land used as
a county of Department of Public Works thank you for including the county of Home
Department of Public Works in the planning process for your general plan so the
staff has done
a great job of putting together the general plan and has considered many of the
department suggestions however it appears that the department has not clearly
communicated our concerns the city staff on two policies in the plan we believe
with the with minor adjustments as shown on the paper right handed out here earlier
to see. The plan will be equitable for both city and the County thank you thank
you the staff staff has received the documents OK Thank you.
Paul Glenny tonight Rebecca Ling on Romeo council members staff special guests
I'm here because I watched the meeting between the Planning Commission and staff on
Oct fourteenth when I saw and what is an obvious and complete disconnect in
communication in regards to the general plan that being said Mr Mayor you should be
commended for your leadership in this matter in my opinion your actions taken on
the general plan were warranted but the work on the general plan is obviously not
done so I asked that the council correct any and all discrepancies and complete the
general plan and its entirety so that I can move on to the next phase I also
ask that any and all breakdowns in communication be corrected so that everyone can
do the work for the people fairly and successfully thank you thank you Paul
.
As you document right. Mike should make it to the mikes on so if you would please
yeah. There you go I was just talking about you and I are are both both both
resolutions are right thank you so long. So we still have
a lot of issues that the Planning Commission brought up that haven't been changed.
So we'll just go by my pages I guess on page one six we still talk about the mill
district and what we want there and we don't include in the industrial I'm still
concerned that we need industrial somewhere besides areas that are going to be
annexed I'm still concerned on page one seventeen with the square footage that's
allowed in each type of development commercial mill district which in
a bowl of words after I. Did some research on what type of businesses take up how
much square footage and we can only get one or two businesses in the square footage
is in these sections that concerns me. I said I You submitted comments to
Stephen and I didn't get an answer and I don't know if you guys got comp. Copies of
that or not so I'm still asking
a lot of the same things that I asked him I'm still trying to figure out where
industrial south of Main Street in the city is That's PAGE ONE eighteen
I was it was interesting to read all the new stuff that has been inserted I'm
starting on page one twenty six about run
a bill on the historical value of Bob Loblaw anybody driven by own ability cites me
as falling down I'm not sure what we're talking about or what we're supposed to do
there. Page one twenty seven we talked about changing the
forty percent open space in the middle district or you know what I think that's
been changed. It's the I think you got that one don't you sorry
there's
a table on page four three that we discussed three years ago that was supposed to
be deleted because it doesn't meet city standards it's still there I brought it up
before we just keep glossing over it and keeping it in there for maze codes are
mentioned about five or six times and here if you want the page numbers I'll tell
you we didn't. I don't know that we ever adopted from base go there never heard you
guys do that but us throughout the document. Page four eleven
there are some new blueprint talking about parking wants and having buffers if you
have ten parking spaces that seems excessive and costly and another way to stop
businesses from coming to town and then there's
a lot in five six where we talk about the fifty feet setbacks borscht creeks
wetlands all that and I'll just say that one time when I refer to every single page
we still have the question of what happens to the existing homes if they burn down
with these new setbacks we've asked them now so no one wants to answer that
question I wouldn't say no one wants to no one has.
There was much discussion at the Planning Commission page five twenty eight on the
archeology requirements if you're doing
a project of over five acres we wondered where the five acre number came from and
if that could be changed.
Page seven seventeen there are some new blue that requires all proposed development
projects provide dedicated to all the waste recycling green waste bins does that
just during the project construction or is that the whole the homeowners in the
divel in the new development are you requiring them all to have batteries that just
during construction. Seven nineteen the city so require new construction Biarne and
design to take advantage of solar heating does that mean the city is going to start
designing people's houses now or how is that going to work much discussion in the
Planning Commission page eighty seven about open burning and my one that I'm very
concerned about is increased energy efficiency in proposed buildings by twenty
percent beyond Title twenty four requirements Title twenty four is very stringent
and. My concern not only is that we have creasing at twenty percent beyond I don't
know why we would do that but at what point does someone who's going to get
a building permit know that they take all other stuff to City Hall based on Title
twenty four on the current building codes they turn their plans in and what point
are they told this doesn't meet those criteria and they have to go back to the
drawing board we're still concerned about the
. Commercial office and mixed use projects initiating voluntary share writing and
providing employees with transit incentives to minimize driving to work that should
be absent each invent each individual business we should not mandate that
on the noice eleven H S ten shall not exceed Bob above all there's
a high school fall under batter Are they over are they too loud we have football
games and all about. We're still on the steep slopes
as Arden brought up that's still
a concern so it's point and that's those are the laws and.
And I think all the rest of these pages Mark are one basic codes so those are my
comments so far and I agree with our newsletter and I'm glad you let him finish he
had some really good things to say and I hope you guys consider those in your
deliberations Thanks thank you so
make sure that he has the opportunity for we close
a close public airing. This American most close public hearing
. A second there's been a mo a motion
a second to close the public hearing on favor say aye. The
public hearing is now closed. Before we send staff and legal counsel off
to prepare. Responses to what's been brought forth during oral testimony Do we have
any direction or anything specific that we'd like highlighted. In statute fonts
. To all the suggestions and stuff that have
been talked about this evening that you guys are going to go back in and think
about are are any of these things at the point that
we couldn't correct as we go on the next few weeks without causing the
environmental report to be thrown out the window and where you these impacts if
they're talking about like
a little industrial word added to the mill district and some of these other areas
on the hillside slopes in all of that because this is the I.R.S.
Written from what I'm understanding is very vague in the aspect that we're going to
compass the whole city and everybody was looking at things pretty large numbers in
some of these areas so any of these impacts if we change any of this stuff that
we're talking about tonight is that going to affect the main general
a maniac you are. I'll assume that question has been directed at me
I think listening to the comments and of course I would want to consult with Mr
Hellman who is the author of the I.R.
But it's I think that some of them could be addressed without impacting the others
I'm not sure I think we'd have to really determine what changes would be made in
order to address the concerns you could make changes that wouldn't have an
environmental impact some changes might have an environmental impact and we can try
to address those when we come back whether there's
a which ones would fall and which category again because that makes
a big difference because right now we're trying to we're trying to make
a picture of what we're doing is going to look like and we've got to have.
Environmental report that's about ten times bigger than the one we wrote years ago
there's a lot more in it but we also have
a land usage plan that doesn't necessarily follow our zoning and we've been
told that our land usage doesn't have to match or zoning in the past our land usage
map match or zoning pretty close to it made it really simple for
a developer to come to town get the land use each map say OK I fit in this category
then you go look at these only to find out finer stuff but if we approve everything
we've got tonight we're going to have
a land use each plan and then we're told we're going to come back and right is only
so how much is our land use each plan going to dictate what we can assume I.E.
The mill district if we want
a little land use you just mentioned the word industrial light industrial or
anything so if during the zoning hearings everybody decided that out of that
seventy five acres we'd like at least the portion of it to be industrial. And usage
and we approved going to trump it and say well it's already you already approved
and you said you can't zone that that way those are the kind of concerns I have if
we haven't got all this stuff nailed down the way we way we want it we get I was on
the Planning Commission for six years and it was really nice to have
a land use each plant down and people Nope it was never planned you can't do it.
You know so it's
a concern you want to pass this thing I understand the concern of
a general plan is not immutable so I think there are two potential responses to
your questions and we can come back and be more specific but in general before we
take
a recess. You can always change your general plan. You can amend the
general plan any one element of the general plan up to four times in any year and
that doesn't just mean one of them it did it means four occasions so you could have
seventeen amendments on one occasion to the general plan so but on four different
occasions during the year you can amend any particular element of the general plan
so if you did decide after going through the zoning hearings that you wanted to
incorporate industrial use into your land use diagram Yes you could amend the
general plan to accommodate that you may decide that the type of light industrial
use that you were thinking about in the zoning code does fall within the land use
designation because it's. Ancillary to
a commercial use so maybe that you can incorporate some types of industrial use
without amending the land use diagram but I guess to answer that what I'm hearing
is the bottom line concern it's not immutable you can make changes you can make
adjustments it is
a living document there I understand that but who are here tonight five years later
because we had
a developer come in that wanted to changes. And we could have yes change the
zone. Just to give us five years to get to this point. You know we could have just
had an update policy change you know to move section
a town one one project but instead it forced us to do this full process so that's
why I want to make sure we write this that we don't and everyone it's done
everybody want to do this and it's going to force us to do it. I hope you
understand. I do understand the concern I'm not as familiar with that particular
experience that particular development experience Thank you Doug good point.
Anybody else before we head off to direct staff to take
a recess. Time wise. You know you don't know until you get in there and start
talking about some of these things. Fifteen minutes why don't we start with fifteen
and if indeed we feel we need
a few more I will come out now ask and inform you that we will have
a few more we're trying to be as brief as we can and we appreciate the tolerance
you'll have a staff working on this this is this is
a very important thing obviously and even though there's relatively relative to the
number of people in our community there's relatively few people here tonight I'm
sure there are many listening but you know we want to make sure that we're clear on
just what it is that we do this evening and that we're also clear on the types of
flexibilities that are available to us hopefully without having to go through this
entire process all over again because what some of the people in the public have
brought forward are very valid points and you know we'd like to to hear some of
those responses so with that let's take
a fifteen minute recess and we will come back to if staff needs
a little bit more time I will let you know thank you.
I texted
a couple things. You know please silence your cell phones if you would and we will
reconvene the meeting at this moment and go ahead and lead off the discussion as
far as the staff report I my job is to turn it over to Larry. But I think that
we will have
a couple of us speaking in response to some of the comments that were raised I was
designated to start and I would I would like to start by responding to council
members trail because we did go back and take
a look at some of the comments and try to parse through them individually to see if
there were comments that might we might. Comments that if we made changes to the
document might require delay and further environmental review we really only heard
one comment that gave us concern in that regard and that was
a change to the policy requiring the fifty foot buffer
a fifty foot setback from streams that policy is integral to the
analysis of biological impacts in the car and the analysis of water quality impacts
so that if we go if we want to make significant changes to that policy we would
need to give Mr Hellman an opportunity to really revisit what those changes what
impacts those changes might have However with regard to the other comments that
were made during the comment period we think that there were some comments we don't
think that it would require delay in order to address those comments and in fact we
have
a couple of suggestions for the Council of the council wishes to address some of
those comments this evening and I'll actually start with the first one of those and
that dealt with comments made by plenty commissioner Henry regarding the twenty
five foot setback I think. Ms Long also made
a comment regarding that current currently in the general plan there is
a prohibition on development of split screen twenty five percent I think that the
comments that were made this evening were correct that certainly it is possible to
develop on slopes greater than twenty five percent is possible engineer that type
of development also I think that everyone would acknowledge that development on
slopes greater than twenty five percent does create different challenges than
development on flat land on
a otherwise flat parcel or mostly flat parcel and so staff would suggest that
in order to respond to some of the comments that have been made and some of the
concerns that even expressed that perhaps
a more appropriate policy of the council wishes to consider it. And one that
wouldn't require any research relation of the car would be rather than have
a flat prohibition to have
a policy in the general plan that says the city shall develop standards for
development on slopes greater than twenty five percent and then it would be as part
of the implementation of the general plan over the next period of time to go back
to the Planning Commission in determine with the Planning Commission and ultimately
with the city council what the appropriate standards are for development on those
those types of slopes so that would be the first suggested change to the policies
in response to the comments tonight and that would be
a change to that particular policy that would provide that instead of
a prohibition on development above twenty five percent slopes more than twenty five
percent that the city shall develop standards for development on slopes greater
than twenty five percent do we need to make reference to the. Chapter in the in the
policy. If someone I don't have the document open so that if someone has the
policy number we can do that but I believe that already in the record so I don't I
feel comfortable without making that reference but if the council feel more
comfortable we can look at it no longer comfortable in the reference is very clear
because that is one suggestion that personally I like OK that's policy H.S.
Dash five point three. There you are so that would be the change to policy H.S.
Stash five point three and I believe that there is.
Mr Avis I think has
a suggestion for potential change to another element in response to some of the
comments that were made this evening. Thank you there was
a comment regarding the lack of light light of industrial uses on the district
and. Part of that stemmed from the council's decision early on in the process to
remove the industrial use from the mill district. It's possible that the that the
council could could reconsider its decision on how it wants to proceed. But the
definition of the mill district as it's outlined in the general plan is designed to
be
a broad sweeping statement that defines sort of the what the intent of the mill district
is it is not in and had to be an industrial site and some industrial uses were not
particularly spelled out but it does deal with horizontal vertical mixed use
. A variety of venues and things that can be used compatible uses. So for example
we did not consider that when we get to the zoning code we can we can identify
particular uses that are appropriate So for example we thought about
a commercial area on there that were perhaps you had
a candy store and in the back of the candy store you had making candy and the candy
was being shipped out to all over the world because it was the greatest candy ever
that's a light industrial use that it's compatible with a with
a commercial venture that is going on in a in
a in an area that might be suitable for the mill district development and we would
not see that as being compatible the fact that it doesn't list industrial in the
definition does not preclude that kind of abuse and when the zoning code is
developed we can certainly include appropriate uses that are conditionally
permitted so that you can determine at that time whether or not the the proposal
is consistent with the goals and objectives of the general plan or not and if so
then what would be the specific details that would allow that.
It's.
And Liz has
a couple of comments next Yeah I am addressing the. Comment from the Public
Guardian the county Public Works Department in their letter dated October twenty
second two thousand and ten which I believe you have
a copy was provided to you in the diocese and there was a comment. From
a representative. Unger here. Oh yes we
. Understand and appreciate their comments and we did address some of the comments
in their earlier letter with regard to the couple that are in this October twenty
second letter we don't feel that they're warranted mainly because we this is
a process what they're asking for is that the city consider impacts to county roads
and drainage facilities where the border you know city city limits when the city
has development projects. And this is something that's already incorporated into
our process so we don't feel it's warranted to you know create
a new policy just for this for example we do when we have development projects we
do send referrals to the county building permits and especially on larger projects
like subdivisions and we do get their comments in writing and we work with the
county to address those on development projects we do have two active ones on
Newberg road right now. Where we are you know there's
a lot of cooperation with the county and we're addressing their issues in the
project requirements so we don't feel that it's warranted to incorporate these
specifically into the general plan policies. That T.C.
One point one three yes and. Five sixteen.
The first one is on regarding roads and the second is on drainage facilities so
it's something that I think we've had
a lot of cooperation with the county and in addressing their concerns on
development projects and it goes both ways they say they send us referrals to.
Are you accepting the other recommended changes yeah those have already been
incorporated into the document we have tonight
and Mr Hellman has
a couple of comments to make. Yes I've been tasked with two different
comments the first is from Mr Henry with respect to.
Wildland fire mitigation he had indicated that there were multiple pages of
fire mitigation and despite the fact that the two thousand and eight yard did not
have that mitigation and despite the fact that. It's indicated somewhere I'm
not quite sure aware. That there has not been
a large fire in the city of for tonight or whatever I'm sorry I I don't
. I'm not sure whether Mr Henry was referring to the policy document or
the I.R.
I do know that you like to clarify Mr Henry which which one OK he's referring to
yes. The E.I.A.
Are chapter or Section eight point six is wildfire.
And in the section there is three relevant policies
identified from the policy document as each yard chapter does it identifies the
relevant policies and then it does include
a one page mitigation measure. Of the mitigation measure requires
what amounts to less required city adoption of
a fire safe ordinance or fire safety regulations more or less modeled
. On the county's fire safety requirements and the reason that that mitigation
measure is identified is because its impact eight point six
dash one on page eight point six dash six of the E I R concludes that
. Plan implementation could result in
a significant wildland wildlands fire hazard impact. Why
does the. This impact make this conclusion
. If I can refer you to. A figure in the
e I.R.
Figure eight Dash nine on page eight point six dash three isn't
tired old fire hazard severity within state responsibility area it's
a cow fire generated database that we've exerted to cover
the proposed planning area including the city's existing incorporated boundaries
and the larger plan here area that includes the city's sphere of influence and the
annexation areas as you can see in the figure Cal Fire identifies roughly
ninety five percent of the area outside of the incorporated city boundaries and
other words the urban core of the city but within the planning area as either
a moderate or
a high fire risk moderate high fire severity so we
concluded that based on this determination from Cal Fire there is
a substantial wild land fire hazard in the slopes surrounding the city and
that implementation of the proposed general plan would allow new commercial and
other uses residential uses in particular to be developed on those in those
areas and hence create
a while and. Fire hazard impact so that's why that mitigation measures there
I can't. Answer as to why the two thousand and eight yards may not
have included that mitigation but I can say that. Planned west as the
city's sequel consultant as well as. The city's legal counsel
. And. Specific commenting agencies on the
two thousand and eight draft the I.R.
Did identify. The need for mitigation so that's why that medications in place can I
ask you
a question that I'm sure looks eight point six wildland fire mitigation eight point
six dash one increased exposure to Thailand fires. And
the litigation measures to add
a new ordinance requirement in the city or Tennessee code as follows and it says
new subdivisions proposed within the state responsibility areas of the city shall
comply with emergency access so on and so forth and it talks about standards and it
gives
a whole litany right list of these particular standards and for those of us who are
still confused by this alphabet soup of acronyms and so forth this one the S.
Are
a this state responsibility area. That is not inclusive of all parcels
and Fortuna is that correct that's exactly correct if you look at Figure eight Dash
nine the gray area is the area outside of us are and where is figure eight dash and
I'm sorry impeach eight point six dash three eight point six Texas three.
On the environment in the environmental out in that you are all in draft or what's
in it it's in the draft you are so it's in one of these stocks and that that's OK
Stephen I just I just want to be clear this isn't
a blanket for all parts are Paul parcels and Fortuna It's the ones that fall under
the state responsibility right area and state responsibility area
a portion of the planning area is basically on the I don't want him hundred percent
do we have any control over what is in the state responsibility area do do we as
the city of Fortuna he will or you will or would once you annex those areas
. How do I see it do we control what areas are designated as state responsibility
areas I think you're the one who controls that well I think Tell fire controls that
but based on this map it looks like the whole incorporated city is outside of S R
A's so I would imagine that once. An area is
a next to the city the Tel fire would remove that as are
a designation for that area and it becomes so once sparse so once that once the S R
A's removed then these these these these. Requirements would not apply then that
right once these the areas and next to the city. Mitigation
measure. Eight point six dash one A would start applying that point
six city bashed one
a. OK adding new
ordinance new subdivision and so I don't think I'm asking the questions correctly
and so. I'm not. Not doing well in that area let's see new
subdivisions proposed within the state responsibility areas of the city the current
Maybe I should say current areas because once those areas are next it won't be
a story anymore it becomes
a city's responsibility OK. Yes
but to make maybe let me through two cents in. A state responsibility area is
generally a wild land area because C.D.F.
Doesn't respond to structure fires it's within the city limits on the other that
there's
a lesser call but state responsibility areas are areas outside the current city
limits there are. Generally uninhabited grasslands timber
lands that are with Intel fires
a responsibility to respond to respond to wild went to wild land fires OK so once
we and the next any of those S.
Those lands outside the city and we have
a couple then they become jurisdiction of. Our volunteer
fire department is correct but you know not necessarily so right and this is
certainly so since the city does not provide fire services it is in the Goetia will
issue when an exception of who's going to provide fire protection in the an
exterior is that are currently provided by the state. And his shoe
that we haven't dealt with yet in the fire the Volunteer Fire District fourteen
fire are concerned that you know that's something that's going to have to be dealt
with so I just want to let you know that's at least at the staff level has been
broached certainly hasn't been resolved so from our perspective this is an
appropriate mitigation at this time and I understand it the mitigation is necessary
I mean I understand and I get that but I'm just wondering in the future when say
some of these places that are now under the state responsibility area if there is
growth that basically encroaches on these areas and now they're urban areas and
they're really no longer considered areas of risk as far as wild land fires you
know what point in time you know with some of these onerous requirements go away
well I would imagine at such
a point in time is the city makes an amendment to the general plan so you know
I can venture to guess you know when the point of the unincorporated portion of the
planning area is going to be filled up with development this is
a twenty year plan so let me just ask something real simple then are there areas in
the sin side the city limits supporting
a right now that are in these that are considered state report responsibility areas
but I don't believe so I believe the the figure that I'm looking at
. Is showing the incorporated boundary of the city is gray and so that's not in
that's correct OK So really the mitigation measure has come forth because we're
looking at future areas of an annexation it's right up to and it so it only applies
to wildland fire areas not urban areas and it only applies to large subdivisions
where the thought being that this mitigation maybe too. But pressing on
a resident on a one by one residential development. If
a person comes in and want and has
a piece of property and wants to talk but as yet and I just want to maybe simplify
and shorten the discussion
a little bit if there are no parcels within our existing city boundaries right now
that really are going to follow under these owners requirements they're probably
going to be taken up again when we look at an X.
In different areas and then specifically elements of those sites but right now as
you see it and as there are environmental attorney sees it it sounds like this is
a necessary mitigation because we're looking at that's right and in the future it
went and then extension comes up and some type of environmental doc
a secret document is prepared for that annexation hopefully just an initial study
and who's who knows for sure. Wildland fires is no longer an issue because the city
has
a protective policy that mitigates wildfire impact OK and that's what it gives one
of the things that Mr Henry brought up that did raise concern for me is that you
know
a suggestion that if he had to follow these requirements he wouldn't have been able
to build this house his home but it sounds to me like where his home rests wouldn't
of been included in this particular it's only applicable to subdivisions this
mitigation measure is not
a subdivision you know subdivision or no I just Mr Henry's Mr Henry's inside the
city limits and there's no place inside the city limits that is underneath that is
that is an S. Are
a then we were would have been good to go that's correct OK Thank you Rick. Thank
you I'm sorry sometimes sometimes and I know we really want to get in the details
because you know your stuff but. OK thank you with respect to the other issue I
believe in this long. Was concerned about their proposed noise
combat abilities standards and how they may be applied to existing schools as we
know schools or
a good size noise source and I need to make clear that the proposed noise
compatibility standards only apply to new uses or not retroactive to existing uses
so any existing school would not be subject to the noise compatibility standards.
And I take this back to Mr Winter for
a couple more comments so I believe can we go back to the statement he just made
absolute rules would not be required to meet noise compatibility
standards existing schools if you do you have a new school it would be set up
a new school proposed it would be subject to the noise compatibility standards.
That's
a little hard to take because schools are state business and states generally don't
do what the city asks and I think you are. The city has the option to comment on
any state project as part of the secret process so that would be
a comment you would make which is your concern about the noise impact to the
existing adjacent noise sensitive abuse whether it's a residential use
a hospital or what have you. And I believe the example was simply coming from the
example that was made during the comment period which was what would this apply to
an existing school but you are right that with regard to zoning standards. As far
as classroom facilities go that the well that the zoning would apply
a school board could by two thirds vote override the zoning with regard to
classroom facilities academic facilities not with regard to non-classroom
facilities there may be more detail than we need this evening. With regard to
other comments that were made this evening there were
a number of comments made that seemed to address policy issues for the council
rather than issues that staff could answer questions. Rather than comments that
were questions that staff could answer there was one other question however that
was raised that I did want to address I believe it also came from ms long according
to my notes and that would be what happens to an existing home that might burn down
and might not conform to the standards that are being proposed for the general plan
and the general plan doesn't address how the city wishes to treat nonconforming
uses that are destroyed by the act of God but that would be something that you
could take up in your zoning ordinance and you could choose to say those those
structures must conform with the zoning or those structures could be non-conforming
structures that are destroyed could be exempt from the zoning if they are
reconstructed in the exact same manner that they were built before the destruction
that's that's not something that's dealt with at the general plan level it's
something that can be dealt with probably currently dealt with in your zoning
ordinance and can certainly be changed in any time in your zoning ordinance. As
a last matter. I think Mr Avis dealt
a little bit with. The issue of industrial zoning or excuse me I made that mistake
to industrial industrial and used as ignition for the mill district and I believe
he explained that as staff interprets it a staff interprets
a land use diagram that certain types of light industrial uses would be permitted
within the mill district and that could be addressed that at the time that the
Planning Commission and later the City Council takes up the zoning ordinance in
addition staff would place before the Council for consideration the C Evening
potential amendment to land use diagram which could be accomplished this evening
which would provide that the land use diagram would be amended for the mill
district to provide that in addition to the uses that are currently permitted that
compatible light industrial uses would also be permitted you could make that I
understand that it one time there was
a discussion about this maybe it was two years ago then and there was direction not
to include that but if the council based on the testimony that it's heard since
that time wishes to change that direction we could make an amendment this evening
so that's another area where we can make that amendment without changing the
environmental impact report let's kind of get
a little consensus here on that you know we would have to. You know as far as the
wording on that and adding the words compatible light industrial uses for the
district is that something that's appealing to. Yes OK. Yes when I.
When I think of
a mixed development I see light industrial as one of the components of
a mixed use devoured like the word compatible I do like the the phraseology of
compatible compatible being in there as well and that probably helps the future
planning commission in future councils as far as as far as developing the specific
is only YOUR needs to understand what our intent is one thing our our policies have
not done is made
a distinction between heavy industrial and light industrial and.
The Pelco say used to be
a heavy industrial so I'm not advocating that it return to heavy industrial But I
think we need to allow light industrial uses in the mix use development and I agree
with that I would just I would like to insert the word compatible though if that's
OK. OK. So if we do get to the point where we make
a motion this evening can staff actually systems because there's two there's two
items now the need to be added Yes and I would leave OK forget. Anything else from
staff. I think we have covered it all OK OK then it is on
our court for the deliberation I'm I'm just going to make
a couple of comments I know that it's been
a long process and we've we've agonized we've gone through some very contentious
and meetings that have created some Bankston gnashing of teeth and and all of this
I do think that. Everyone who has spoken everybody who's been involved in the
process has shown up with good intentions and wanting to do
a good job having said that if we these this is my opinion I'm one one councilman
up here talking Having said that if we continue to wait for community consensus we
will never get the job done we were ultimately elected to make decisions and we're
here to make one tonight. Really here to you know and I know there are
some things as far as smoothing things over and some things that need to be
addressed in the future things that were in the Planning Commission and the council
have a have another either an amendment or
a major update there are some things that can probably be done better along the way
and I'm hoping that some of these things can be documented so that ten years down
the road another council another Planning Commission does not have to go through
the same type of anx to that we have experienced over the last month or so.
We're really here to consider two issues tonight we're really not here to debate
how we got here all that kind of stuff I believe we're here to to consider two
resolutions the first being do we believe we can make the appropriate findings and
certify the environmental document that's number one and if we if we do believe
that by a vote of at least
a majority of that then the next step is do we believe that this policy document is
ready to adopt and I think in our deliberation I'm hoping that we can address the
at the resolutions that we have before us. I'm sorry for the longwinded speech I
actually actually asked somebody not get along with his speech and here I just gave
one so. So we can start in our deliberations I don't know who wants to start can do
you do you. Go ahead you seem to be the one who's has an eye for
a lot of detail Well I don't want to go through individual findings word by word
you know we talked a little bit about
a gland earlier and. That was the only place that I really
had
a little. Reviewed because it didn't match up
with the the specific language in the policy document but I was given an
explanation that the use of the terms prime farmland prime egg land all goes
back to the meaning of providing some protection for primary axle oils and that
is that terminology is used in in this findings document later on
. I'm comfortable with
. Making the findings that the environmental acumen is certifiable
with
a statement of overriding consideration. Now the only. Think.
Well we'll wait for everyone to say their piece. On the on the environmental
document I believe it's probably exactly what we need. It seems to be.
Prepared with
a large enough scope to cover what we want to do in the next twenty years without
any major problems hopefully.
It's just hard to do live in
a small town like this and have to do some of these things because we see what the
environment around us and how it's been acting over the years and some of these
things we don't think we need but I guess we've got to do it and so.
I'll add my two cents worth and when we first started this we attempted to have an
identity for our city and we definitely are
a unique city we look at things differently we look at things differently
Environmentally we are environmentally friendly but to have a state organization
a federal organization so of wordage down our throats against our will and it's
sort of
a grind system wrong way and this I think been the problem for us to have to put up
with that. And be proactive to be protecting ourselves yes there is we're just has
to be put into this P.R.
You are. So that we eliminate as many potential contests in court to
make it as correct as possible it's not
a perfect document but as good as we can possibly get by human factor and I am very
very proud of what the finished product is I also appreciate what efforts going
into it from all the people that I represent the city the Planning Commission and
the staff and and us having to put through this. Sometimes
grumbling and going oh my god another three hundred pages to have to look through
but we're here tonight to be able to get to the culmination of this so I would be
honored to make
a motion to adopt Resolution two thousand and ten dash forty five and read it by
title only. Also the motion. Has been in
motion and
a second to adopt Resolution two thousand and ten dash forty five. And it reads
a resolution of the city council of the city of Fortuna certifying the final
program environmental impact report for the two thousand and thirty general plan
update adopting findings adopting the statement of overriding considerations and
adopting
a mitigation monitoring and reporting program pursuant to the California Environmental
Quality Act or any further diversions it's
a roll call vote. Councilman Bernie yes councilman Glazer Yes ma'am councilman
Sandy Yes Mayor Protel Mistral Yes Mayor what church yes.
Now on to the policy document itself and by the way I think there was some
excellent dialogue and some productive some productive work even done tonight so
thank you.
Well if you're looking for a motion move to
a. Resolution twenty two and forty six with two
. Point I would suggest that the motion be to adopt the
as you've indicated up Resolution two thousand and ten forty six to approve the
general plan with two changes one two policy H.S.
Dash five point three as previously noted in the record and then secondly to revise
land use diagram to permit compatible light industrial uses in the mill mill
district area mill district so move Mr Mayor second the motion
. If I wasn't the mayor
you'd taken the words right out of my mouth. But. OK. There's
a motion to adopt Resolution two thousand and ten dash forty six it is
a resolution excuse me when you get to the right one it is the resolution of the
Council of the city of Fortuna adopting to two thousand and thirty four ten
a general plan update with the two changes as you noted. Any further deliberation
and that too is
a roll call vote counts when Bertie Yes townsmen Glazer Yes ma'am Sandy Yes their
protests drawl. Before I vote I'd like to say that this is just
a general plan and we are going to work very hard to get it the way we like it as
we go on because plans can be updated my definition of success from years ago when
I took classes was the progress the realization of worthwhile personal goals so it
has to be a good to see progress
a process that we're going to go through so with that I'm going to go yes which are
yes and that motion is carried I want to personally congratulate and thank you and
I can express my appreciation up of everybody who's in been involved in this
process and there are there are
a lot of good things to come to this I want to challenge the future planning
commission and challenge the future city council with the when you get into zoning
and other city ordinances in dealing with this general plan don't hesitate you find
weaknesses point him out because this thing can be refined and I think it's
probably going to be in the next eighteen months this is been an arduous process
though congratulations and this is
a big deal for the city for tonight thank you. But that no other business we are
joined.