Council addresses expanding approval authority for development

January 16, 2008
Santa Paula City Council

Council Powers 101 could have been the subject when the City Council held a discussion at the January 7 meeting about expanding their approval authority for commercial and residential projects.

By Peggy KellySanta Paula TimesCouncil Powers 101 could have been the subject when the City Council held a discussion at the January 7 meeting about expanding their approval authority for commercial and residential projects. Vice Mayor Ralph Fernandez had requested that the issue be brought before the Council.City Manager Wally Bobkiewicz noted that currently the Planning Director, Planning Commission and City Council act as hearing bodies for specific types of application requests. Others can be approved on the staff level or need added review by the Planning Commission.Councilman Ray Luna asked why two developments on Santa Ana Street went down different approval paths, and Bobkiewicz said that one project met city code while the other had conditions that required Council approval.Fernandez said his concerns center on “projects of a significant size” that “impact the community as a whole... I want to make sure we have an opportunity to see a project with a fresh set of eyes,” through a consent calendar item. “I’m not looking at small developments that don’t have significant impacts,” he noted.The appropriate threshold might be “middle ground,” five to six units, said Bobkiewicz.Mayor Bob Gonzales said that smaller numbers can also have an impact: “I’m concerned that at the corner of Ojai Road and Ventura Street an organization came to us and wanted to build” a four-plex that could mean “eight vehicles where there were no vehicles before. The impact for the citizens can be significant.”Councilman John Procter questioned the appropriateness of the issue, and noted if a project has an “entitlement by right” what powers does the Council have. Once a project goes through the directed process, the only way the Council would be involved is through an appeal. “I don’t like the team review” and the implications of rejection, noted Procter.
Councilman Dr. Gabino Aguirre asked how the issue would impact the relationship between the Council and the Commission, and noted that the Council would require more meetings. Since the city is currently focusing on infill development, “I think that would take quite a bit of time... the Planning Commission is selected on having that level of expertise” that Aguirre said he would not claim.“In that case, do we really need a Planning Commission?” asked Aguirre.“We do need a Planning Commission, there are certain things that only a Planning Commission can do,” said Bobkiewicz.Fernandez said the Commission’s role is primarily design and layout, and “what we are looking at as a Council is more holistic,” centering on community impacts.Luna said he was not in favor of the Council “also acting as the Planning Commission,” and no matter whose decision, “we still get blamed for it.... If we’re going to get blamed for something, let’s be the decision maker.”City Attorney Karl Berger said the city’s ability to decide land use issues is “tempered” by the constitutional rights of property owners whose projects meet the code. Luna asked if the Council could appeal, review or send back projects that appeared on the consent calendar. “Legally, the Council right now has the authority to appeal, but property owners also have rights,” noted Berger.After more discussion, Aguirre asked that when the issue is brought back to the Council a report on property owners’ rights also be prepared.



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