agendaholtville.ca.gov/agendas/cca11-23-20.pdf · 2020. 11. 21. · the holtville city council...
TRANSCRIPT
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AGENDAREGULAR MEETING of THE HOLTVILLE CITY COUNCIL121 WEST FIFTH STREET - HOLTVILLE, CALIFORNIA
James Predmore, Mayor Ginger Ward, Council Member Nick Wells, City Manager
Mike Goodsell, Mayor Pro Tem George Morris, City Treasurer Jack Holt, City Engineer
Richard Layton, Council Member Steve Walker, City Attorney Jeorge Galvan, City Planner
Michael Pacheco, Council Member Adriana Amezcua, Finance Supervisor Alex Silva, Fire Chief
THIS IS A PUBLIC MEETING
which may invade an individual's personal privacy are not permitted.
PLEASE TAKE NOTE that on Monday, November 23, 2020, at 5:30 PM, the Holtville City Council willhold its regularly scheduled meeting. Public comments will be accepted for items on both the Closedand Open Session agendas, however, to maintain social distancing, alternative methods for public
participation have been provided and are encouraged.
Written Comments: [email protected] Deadline to Submit: 4:00 PM, Zoom Conference: 823 4305 9171 (Access provided upon request)
This notice and the Agenda for this meeting are available for public inspection at 121 W Fifth Street in Holtville, California, and on the www.Holtville.ca.gov website.
CITY COUNCIL
CLOSED SESSION PUBLIC COMMENTS: This is the time for the public to address the City Council on any item appearing on the Closed Session agenda for this meeting.
ADJOURN TO CLOSED SESSIONCONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION:(Government Code Section 54956.9(a)) Trestle GrantCharles Simpson vs. City of Holtville Swimming Pool Parks GrantVon Hermann vs. MTC, City of Holtville Melon Project
PUBLIC EMPLOYMENT:(Government Code Section 54957.6)City Manager Evaluation
RECONVENE OPEN SESSION
PLEDGE of ALLEGIANCE:
INVOCATION:
EXECUTIVE SESSION ANNOUNCEMENTS:
CITY CLERK RE: Verification of Posting of the Agenda Friday, November 06, 2020
MEETING CONVENED 5:30 PM
Monday, November 23, 2020
The Holtville City Council values your input if there is an issue on which you wish to be heard, for both items listed on the agenda andfor items of general concern. The Mayor reserves the right to place a limit on each person's comments. Any public comments mustinclude the individual's name and address for the record. Personal attacks on individuals and/or comments which are slanderous or
11/23/20
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GENERAL PUBLIC COMMENTS: on the agenda for this meeting within the purview of the City Council.
CONSENT AGENDA:
a. Approval of the Minutes from the Regular Meeting ofb. Current Demands # thru # 42343
REPORTS of OFFICERS, COMMISSIONS, COMMITTEES and COMMUNIQUES:
UNFINISHED BUSINESS: None
a. PUBLIC HEARING: Discussion/Related Action to Adopt Resolution 20-22 AdoptingOrdinance #496 Amending Title 17 (Zoning) of the Holtville Municipal Code as it Relates toSignage and Develoment Setbacks Requirements Within the Downtown Zones
Jeorge Galvan, City Planner
NEW BUSINESS:
a. PUBLIC HEARING: Discussion/Related Action to Adopt Resolution #20-23 Approving a Site Plan Review and Recommending That the City Council Certify a Mitigated Negative Declaration (MND) and Approve the Annexation, Pre-Zone, and General Plan Amendment for the Melon Apartments at the Northeast Corner of Melon Road and Ninth Street Jeorge Galvan, City Planner
b. Discussion/Related Action to Adopt RESOLUTION #20-24 Approving a Request forAdditional Funding Under the State of California's Citizen Option for Public Safety (“COPS”) Programm Currently Held by theCounty of Imperial for the Fiscal Year2019-20. Nick Wells, City Manager
c. Discussion/Related Action to Adopt Resolution #20-25 Requesting the Appropriation ofFiscal Year 2020-21 Funds Allocated from the State of California’s Citizen Option for Public Safety (“COPS”) Program to Provide for Front Line Police Services
INFORMATION ONLY:
STAFF REPORTS
a. City Manager Report - Nick Wellsc. Police Chief - Roy Pattersond. Water/Wastewater Supervisor - Frank Cornejoe. Public Works Foreman - Alex Chavez
ADJOURNMENT:
I, Nicholas D. Wells, City Manager of the City of Holtville, California, DO HEREBY CERTIFY that the foregoing agenda was duly posted atHoltville City Hall on
7.
Friday, November 20, 2020
2.
3.
4.
5.
6. Items for future meetings
42235
The public may address the City Council on any item that DOES NOT appear
1.The items on the Consent Agenda are to be approved without comment. Should any Council Member or member of the public wish to
discuss any item, they may request that the item be removed from the Consent Agenda and placed on the NEW Business agenda.
November 9, 2020
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Council Minutes (2019’11-09) Page 1 of 3
MINUTES OF THE REGULAR MEETING OF THE HOLTVILLE CITY COUNCIL
Monday, November 9, 2020
The Regular Meeting of the Holtville City Council was held on Monday, November 9, 2020, at 5:30 p.m. in the Civic Center. Mayor Jim Predmore was present, as were Council Members Mike Goodsell, Richard Layton, Mike Pacheco and Ginger Ward. City Manager Nick Wells, Police Chief Roy Paterson, Finance Supervisor Adriana Amezcua and City Attorney Steve Walker were also present. City Planner Jeorge Galvan joined the meeting on the internet via Zoom.
CITY COUNCIL CLOSED SESSION MEETING CALLED TO ORDER: Mayor Jim Predmore called the Closed Session meeting to order at 5:30 p.m.
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: (Government Code Section 54956.9(a)) Charles Simpson vs. City of Holtville Von Hermann vs. MTC, City of Holtville
PUBLIC EMPLOYMENT: (Government Code Section 54957.6) City Manager Evaluation
CITY COUNCIL OPEN SESSION MEETING CALLED TO ORDER: Mayor Jim Predmore called the Open Session meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mr. Layton led the Pledge of Allegiance.
INVOCATION: The Invocation was given by Mr. Goodsell.
CITY CLERK RE: VERIFICATION OF POSTING OF AGENDA: City Manager Nick Wells verified that the agenda was duly posted on Friday, November 6, 2020.
EXECUTIVE SESSION ANNOUNCEMENTS: There were none.
PUBLIC COMMENTS: The Public was given various opportunities for comment including email to the City Manager, a video participation platform and/or physical attendance to the meeting. No public comments were submitted in writing, and although several members of the public were in attendance, none had comment at this time.
1. CITY COUNCIL CONSENT AGENDA:a. Approval of the Minutes from the Regular Meeting of October 26, 2020.b. Current Demands # 42235 thru # 42343
A motion was made by Mr. Layton and seconded by Ms. Ward to approve the Consent Agenda as presented. The motion passed in the form of a roll call vote.
AYES: Pacheco, Goodsell, Layton, Ward, Predmore NOES: None
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Council Minutes (2019’11-09) Page 2 of 3
ABSTAIN: None ABSENT: None
REPORTS OF OFFICERS, COMMISSIONS, COMMITTEES, AND COMMUNIQUES:
Ms. Amezcua reported that she had been busily working on bank reconciliations and was preparing for the City’s annual audit.
Mr. Patterson reported that he had enjoyed participating in last month’s Trail Walk and the recent Farmers Market.
Mr. Pacheco enjoyed the Farmers Market and was honored to take part in the Candidates Forum.
Mr. Goodsell tried to watch the Chamber’s Candidates Forum, but had a difficult time as the published web address was incorrect. He will attend an Airport Land Use Committee meeting next week.
Mr. Layton also enjoyed the Farmers Market, but was unsuccessful finding the Candidates
Forum. Ms. Ward enjoyed participating in the Candidates Forum. Mr. Predmore attended an ICTC meeting recently and will attend the SCAG Regional Council
meeting on November 5. Mr. Walker had nothing to report. Mr. Wells discussed upcoming events and ongoing projects.
2. UNFINISHED BUSINESS: None
3. NEW BUSINESS:
a. PUBLIC HEARING: Discussion/Related Action to Adopt RESOLUTION #20-22 Adopting Ordinance #496 Amending Title 17 (Zoning) of the Holtville Municipal Code as it Relates to Signage and Development Setbacks Requirements Within the Downtown Zones Jeorge Galvan, City Planner
The Public ring was opened at 6:16 pm. Mr. Galvan gave a brief rundown of the history with the code being adopted, then problems developed and process. Ruth Chambers of 750 Circle Drive addressed the Council and voiced concern over allowing pole signs, especially in the Downtown A Zone. Mr. Layton echoed that sentiment and noted that former City leader Pete Mellinger had fought for years to eliminate these types of signs. A motion was made by Mr. Goodsell and seconded by Mr. Layton to introduce and waive the first reading of the Ordinance, but revert to current standards prohibiting pole signs. The motion passed in the form of a roll call vote.
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Council Minutes (2019’11-09) Page 3 of 3
AYES: Pacheco, Goodsell, Layton, Ward, Predmore NOES: None ABSENT: None ABSTAIN: None b. Discussion/Related Action to Adopt RESOLUTION #20-21 Approving an
Agreement for the Provision of Water/Sewer Service for a New Connection at 2331 Sequoia Road Within the City of Holtville Service Area. Jeorge Galvan, City Planner
Mr. Galvan gave a brief rundown of the proponent owner’s request and potential issues to be determined with sewer connection. Mr. Wells noted that some typographical errors had been seen in the contract document, which need to be corrected. A motion was made by Mr. Pacheco and seconded by Ms. Ward to adopt the resolution, allowing for correction of errors by staff. The motion passed in the form of a roll call vote. AYES: Pacheco, Goodsell, Layton, Ward, Predmore NOES: None ABSENT: None ABSTAIN: None 4. INFORMATION ONLY: None.
5. STAFF REPORTS:
a. City Manager Report - Nick Wells gave a quick review of projects and current issues b. (Reserved) c. Police Chief – Roy Patterson d. Water/Wastewater Supervisor - Frank Cornejo e. Public Works Foreman – Alex Chavez
6. Items for Future Meetings: None
7. ADJOURNMENT:
There being no further business to come before the Council, Mayor Jim Predmore adjourned the meeting at 6:48 p.m. ________________________________ Jim Predmore, Mayor
Nicholas D. Wells, Acting City Clerk
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Page : 1
CITY OF HOLTVILLEMonthly Check Register
Date : 11/20/2020 8:25:37 AM
User Name : Lee AnnCalendar Month/Year :
Fund Transaction Due Date Invoice Number Description PO Number Amount
Vendor
Check Number :
: 8185 IMPERIAL COUNTY ENVIRONMENTAL HEALTH
42344 Check Date : 11/17/2020
10 96681 11/17/2020 12/3/20 FARMERS MARKET FOOD VENDOR PERM 75.00
75.00 Invoice Amount : 75.00 Discount Amount : 0.00 Check Amount :
Total Number of Checks Printed
Total for all Checks Printed :
: 1
:Largest Check Amount
Total Number of Vendors :
75.00
1
75.00
Total Number of Voided Checks
Net Amount of Checks Printed :
:
:Total for Voided Checks 0.00
0
75.00
: 0.00
Summary
Fund Amount
10 GENERAL FUND 75.00
FARMERS MRKT
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City of Holtville
Report to City Council
To: Nicholas D. Wells, City Manager
Holtville City Council
From: Jeorge Galvan, AICP
City Planner
Date: November 9, 2020
Project: Downtown Code Amendment – Setback and Signage
Summary:
Subject of Report: Proposed Amendment to Improve Side & Front
Setbacks in the Downtown Code and change
Pole and Box Signage Requirements.
Location: Downtown Code (See Exhibit A – Downtown
Zones Map)
Pending Action: Adopt Resolution 20-22
Zoning: All Downtown Zones D-A, D-B
General Plan: No Change
Environmental: Exempt
INTRODUCTION & PURPOSE
The Holtville Zoning Code lists the allowed uses and development standards for each zone within
the downtown area but not all uses can be listed, nor can all future uses be anticipated. For this
reason, the code incorporates the phrase “other similar uses recommended by the Planning
Commission and adopted by the City Council.”
Pole and internally illuminated box signs are primarily used to help direct traffic and
communicate the message of a single or multi-tenant business are becoming increasingly
popular for general advertisement purposes. A second issue being presented is the current
Meeting Date: November 9, 2020 __
Item Number: __________________
City Manager __________________
Finance Manager __________________
City Attorney __________________
Ap
pro
vals
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development standards, specifically the side and front yard setbacks within Downtown Zones A
& B. The current setbacks listed in the Holtville Zoning Ordinance may be detrimental to the
future development of the Downtown Zone. The Planning Commission held a public hearing on
October 19, 2020 and after receiving no opposing comments on the matter, recommended to
the City Council the zoning code text amendment for the approval of the new side and front
setbacks within the downtown code and new pole and internally illuminated box signage
requirements.
SETBACKS
Current Setback Requirements - The Downtown Development Standards listed on Chapter
17.41.060 of the Zoning Code are intended to preserve the compact, walkable, historic
downtown core while stimulating economic development in the commercial heart of the City of
Holtville. Used properly, they will rejuvenate the city by creating more visually interest and
architectural consistency, facilitating development that relates to the pedestrian and site user,
and enhancing the character of downtown. The current setback requirements found on the
Downtown Development Standards are as follows:
TABLE-1 CURRENT DEVELOPMENT STANDARDS
Development Standards D-A Zone D-B Zone
Maximum Building Height 35’ 45’
Building
Placement
Max Build-to Front
Line
0’ 10’2,3
Minimum Side Yard 0’ 0’
Minimum Rear Yard 0’ 20’
Issues with Current Standards – Current Development Standards create a situation where the
finished required finished floor elevations (18” above the crown of the street) directly conflict
with the notion of a variance. The 0’ foot setback results in floor elevations being higher than
the sidewalks forcing all property owners within the Downtown Zones to pay additional fees for
a variance in order to keep the stairs and ramps from obstructing the pedestrian right-of-way.
Additionally, the 0’ side yard setback blocks the use of side windows as an escape route and
forces owners from abutting properties to remove necessary appliances from the sides of their
building because of the setback. Per staff recommendation and Commissioner directive, the
following amendments are being proposed. Proposed changes are underlined in Table-2 below.
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TABLE-2 PROPOSED AMENDMENT TO DEVELOPMENT STANDARDS
Development Standards D-A Zone D-B Zone
Maximum Building Height 35’ 45’
Building Placement
Max Build-to Front Line 5’ 10’2,3
Minimum Side Yard 5’ 5’
Minimum Rear Yard 0’ 20’
SIGNAGE
Current Signage Requirements - Chapter 17.41.080 of the Holtville Zoning Code lists all the
requirements for signage within the downtown zone. While the chapter states that “Internally
illuminated plastic box canned signs are prohibited in downtown Holtville,” there is no mention
of pole signs neither permitted nor prohibited. All sign types require both a sign and building
permit. Should Pole and illuminated box signs be permitted within the downtown zone, both
will still be subject to the following:
1. General Design Standards and Requirements – Signs must be made to be in harmony
with the style and character of the development as an integral design component of the
buildings architecture, building materials, landscaping, and overall site development.
Sign letters and materials must be professionally designed and fabricated. Exposed
conduit and tubing is prohibited, and all transformers and equipment shall be
concealed. Every sign shall be maintained and in good condition.
2. Placement - Signs should be free of obstructions when viewed from different angles and
must utilize a consistent proportion of signage to building scale.
3. Materials - Materials should be consistent with the building. Paper and cloth sign are
appropriate for interior temporary use only but neon signs are allowed in D-A and D-B
Zones if it fits with the style of the architecture.
4. Sign Legibility - Signs must not space letters and words too close together but must also
keep from over spacing these elements as they may obscure the message.
5. Sign Illumination - The light from an illuminated sign shall not be of an intensity or
brightness that will create glare or other negative effects. Whenever indirect lighting
fixtures are used (fluorescent and incandescent), care shall be taken to properly shield
the light source from spilling into any residential area or public right of way. Signs shall
not have illumination devices that change the light intensity, brightness, or color. Light
sources shall utilize energy efficient fixtures to the greatest extent possible.
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Issues with Current Standards – Many of the complaints come from likely business owners
interested in starting their business in Downtown Holtville but are hesitant because of the high
cost of professionally made signs and limited sign types permitted within the downtown zone.
According to the Caltrans Traffic Volume study from 2017, the estimated number of vehicles
that traveled through Downtown Holtville is 1,110 every peak hour making it the most vehicle
heavy area in the city. The use of pole and internally illuminated box signs will help advertise
businesses and ultimately stimulate Downtown Holtville’s economy.
TABLE-3 PROPOSED AMENDMENT TO CHAPTER 17.41.080 SIGNS
Notes:
4. Pole signs are permitted; provided that they are architecturally compatible, do not interfere
with activity in the pedestrian right-of-way, are a minimum of 5 feet from the main building,
and is subject to a Planning Commission Design Review.
TABLE-4 PROPOSED AMENDMENT TO CHAPTER 17.41.080 SIGNS
Public Noticing Requirements
A public notice was posted at City Hall on October 27, 2020 and published on the Holtville
Tribune on October 29, 2020 informing the general public of the proposed project (Refer to
Exhibit C – Posted Public Hearing Notice)
Sign Types Existing Uses Proposed Uses
D-A Zone D-B Zone D-A Zone D-B Zone
Monument Sign Allowed Allowed Allowed Allowed
Temporary Signs Allowed Allowed Allowed Allowed
Wall Sign Preferred Allowed Preferred Allowed
Window Sign Preferred Preferred Preferred Preferred
Pole Signs (Freestanding Sign)4 - - Allowed4 Allowed4
Signs - Section 17.41.080 (5)(c) Existing Standard Proposed Standards
5. Sign Illumination c. Internally illuminated
plastic box canned signs are
prohibited in downtown
Holtville. Reverse channel
letters are acceptable.
c. Internally illuminated
plastic box canned signs
are an acceptable
design so long as other
design requirements are
followed and the sign
does not exceed 100 SF
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RECOMMENDATION & PENDING ACTION
The Planning Commission of the City of Holtville held a meeting on October 19 where it opened
the floor for comments. Upon receiving no opposing comments on the matter, the Planning
Commission recommended to the City Council the zoning code text amendment for the approval
of the new side and front setbacks within the downtown code and new pole and internally
illuminated box signage requirements.
Unless significant testimony is presented during the public hearing staff recommends the
following actions:
1. Adopt Resolution 20-22
2. Introduce Ordinance No. 496 by title only, approve First reading of Ordinance No. 496
and waive full Reading.
Attachments: Attachment A – Downtown Zones Map
Attachment B – Posted Public Hearing Notice
Attachment C – Ordinance No. 496
Attachment C – Resolution 20-22
Exhibit A – Zoning Text Amendment
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ATTACHMENT A – DOWNTOWN ZONES MAP
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3RD STREET
BONDSCORNER
ROAD
CITYCOUNTY
CITY
COUN
TY
W A T E RT R E A T M E N T
P L A N T
4TH STREET
5TH STREET
6TH STREET
7TH STREET
OLIV
E AV
ENUE
PALM
AVE
NUE
CEDA
R A
VENU
E
HOLT
AVE
NUE
FERN
A
VENU
E
ORAN
GE A
VENU
E
WAL
NUT
AVE
NUE
MAPL
E A
VENU
E
CHES
TNUT
AVE
NUE
PINE
AVE
NUE
5TH STREET
CITYHALL
HOLTPARK
El Centro, California 92243
ENGINEERING PLANNING SURVEYING
The Holt Group, Inc.
1601 N. Imperial Ave.(760)337-3883
NOT TO SCALE
CITY OF HOLTVILLEProject No. 116.492Date: March 2020
EXHIBIT A
LEGEND:City Limits Downtown A-Zone Area Downtown B-Zone Area
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ATTACHMENT B – POSTED PUBLIC HEARING NOTICE
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ATTACHMENT C – ORDINANCE NO. 496
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ORDINANCE NO. 496
AN ORDINANCE OF THE CITY OF HOLTVILLE AMENDING CHAPTER 17.41 OF THE HOLTVILLE MUNICIPAL CODE RELATING TO SETBACKS AND SIGNAGE REQUIREMENTS IN THE DOWNTOWN ZONES
NOW THEREFORE, the City of Council of the City of Holtville does hereby ordain as follows:
SECTION 1: Table 17.41.060-1 in Section 17.41.060 of the Holtville Municipal Code is hereby replaced as follows:
Table 17.41.060-1: Development Standards
SECTION 2: Table 17.41.080-1 in Section 17.41.080 of the Holtville Municipal Code is hereby replaced as follows:
Table 17.41.080-1: Allowable Sign Types Allowed Sign Types D-A D-B A-Frame Sidewalk Sign A1 N Awning Sign A A Projecting Sign P P Directory Sign A A Electronic Message Sign A2 N Monument Sign A3 A3Temporary Signs A A Wall Sign P A Window Sign P P
Notes: 1. A-frame signs are permitted; provided, that they do not interfere with activity in the
pedestrian right-of-way. 2. Electronic message signs are only permitted when located on city property.3. Monument signs allowed only if landscaped and shared by two or more businesses
on a parcel that is a minimum size of three acres.
SECTION 3: Section 17.41.080 (5)(c) of the Holtville Municipal Code is hereby amended to read as follows;
Development Standard D-A Zone D-B Zone Maximum Building Height 35’ 45’ Building Placement
Build-To Front Line Maximum
5’ 10’2,3
Minimum Side Yard
5’ 5’
Minimum Rear Yard
0’ 20’
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c. Internally illuminated plastic box canned signs are an acceptable design so long as other design requirements are followed and the sign does not exceed 100 SF. SECTION 4: This ordinance shall take effect and shall be in force thirty (30) days after
the date of adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published at least once in a newspaper of general circulation printed and published in the County of Holtville, together with the names of the members of the City Council voting for and against the same.
PASSED, ADOPTED AND APROVED by the City Council of the City of Holtville, this 9th day of November 2020.
___________________________________
James Predmore, Mayor
I, Nick Wells, City Manager of the City of Holtville, DO HEREBY CERTIFY that the foregoing ordinance was duly passed, approved, and adopted by the City Council of said City of Holtville at a meeting thereof held on this 9th day of November 2020 and that the same was adopted by the following vote:
AYES:
NOES: ABSTAIN: ABSENT:
ATTEST: _____ Nick Wells, City Manager
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ATTACHMENT D – RESOLUTION 20-22 EXHIBIT A - ZONING TEXT AMENDMENT
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RESOLUTION NO. 20-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLTVILLE AMENDING TITLE 17 (ZONING) OF THE HOLTVILLE MUNICIPAL CODE
RELATED TO SIGNAGE REQUIREMENTS AND DEVELOPMENT IMPACTS WITHIN THE DOWNTOWN ZONES
WHEREAS, the standards of the Downtown Code of the Zoning Ordinance are intended to ensure consistency with the historic character of Downtown Holtville; and
WHEREAS, the current build-to front maximum and minimum side yard setbacks for the Downtown Code have created obstacles for future developers and small business owners; and
WHEREAS, it is the intent of the City to expressly modify the development standards as presented in the following table to ensure community and economic growth; and
WHEREAS, pole signs or freestanding signs are not listed as a permitted use and is hereby recommended to be an allowed use under other design standards deemed appropriate for the City Planner; and
WHEREAS, there has been a growing interest in pole signs among local businesses as a feasible and more visible type of signage; and
WHEREAS, the use of illuminated box signs are strongly prohibited within the Downtown Zones; and
WHEREAS, the City Council held a Public Hearing on November 9, 2020 to review the pertinent facts and consider all arguments for and against the proposed text amendments:
NOW, THEREFORE, be it resolved by the City Council of the City of Holtville as follows:
(a) That the above stated recitals are incorporated as findings, and
(b) That the proposed amendments are consistent with the objectives of the Holtville General Plan and development policies adopted by the Holtville City Council, and
(c) That the adoption of this Resolution is exempt from CEQA review per section 15061 (b)(3); and
(d) That the use of pole and internally illuminated box signs with limitations and restrictions proposed in the draft text amendment attached hereto would further the objectives of the Zoning Code; and
(e) That the new setbacks with limitations and restrictions proposed in the draft text amendment attached hereto would further the objectives of the Zoning Code; and
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(f) That the subject use will be reviewed to ensure that the proposed use and location will not cause reduction in the value of the property or adversely impact surrounding properties.
BE IT FURTHER RESOLVED that Title 17 of the Holtville Municipal Code be amended as shown in Exhibit A.
PASSED, ADOPTED AND APROVED by the City Council of the City of Holtville, this 9th day of November 2020.
___________________________________ James Predmore, Mayor
I, Nick Wells, City Manager of the City of Holtville, DO HEREBY CERTIFY that the foregoing Resolution was duly passed, approved, and adopted by the City Council of said City of Holtville at a meeting thereof held on this 9th day of November 2020 and that the same was adopted by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
ATTEST:
_____ Nick Wells, City Manager
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EXHIBIT A – ZONING TEXT AMENDMENT
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Resolution 20-22
Exhibit A
ZONING TEXT AMENDMENT
DOWNTOWN CODE AMENDMENT – SIGNAGE AND SETBACKS
• Underlined is proposed new language.• Strike through is existing language to be deleted.• Standard type is existing language to be retained.
1. Development Standards17.41.060 Development Standards
2. Signs17.41.080 “A” Signs.
Notes: 4. Pole signs are permitted; provided that they are architecturally compatible, do not interfere with activity inthe pedestrian right-of-way, are a minimum of 5 feet from the main building, and is subject to a Planning Commission Design Review.
17.41.080 - Signs Section 17.41.080 (5)(c)
c. Internally illuminated plastic box canned signs are an acceptable design so long as other design requirementsare followed and the sign does not exceed 100 SF
Table 17.41.060-1: Development Standards
Development Standards Existing Standards Recommended Uses
D-A Zone D-B Zone D-A Zone D-B Zone Maximum Building Height 35’ 45’ 35’ 45’
Build-to Front Line Maximum 0’ 10’ 5’ 10’ Minimum Side Yard Setback 0’ 0’ 5’ 5’ Minimum Rear Yard Setback 0’ 20 0’ 20’
Table 17.41.080-1: Allowable Sign Types
Monument Sign Types Allowed Recommended Uses D-A Zone D-B Zone D-A Zone D-B Zone
Monument Sign Allowed Allowed Allowed Allowed Temporary Signs Allowed Allowed Allowed Allowed
Wall Sign Preferred Allowed Preferred Allowed Window Sign Preferred Preferred Preferred Preferred
Pole Signs (Freestanding Sign)3 - - Allowed4 Allowed4
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staff report Meeting Date: October 26, 2020 Item Number:
Appr
oval
s City Manager
Finance Manager
City Attorney
To: City of Holtville City Council Nicholas D. Wells, City Manager
From: Jeorge Galvan, City Planner
Prepared By: Francisco Barba, Assistant Planner
Date: November 23, 2020
Subject: Melon Apartment Project Annexation, Pre-Zone, Zone Change, General Plan Amendment, and Tax Share Agreement
Project Description:
Applicant is requesting to annex the project site into the City of Holtville to accommodate medium to high density residential development. The Planning Commission reviewed the project and recommends a Pre-Zone to R-2, Zone Change to R-2, and to MDR. The proposed annexation also requires a Tax Share Agreement.
Location: Northeast Corner of East Alamo Road (9th Street) and Melon Road (See Attachment A - Project Vicinity Map)
Pending Action: Adopt Resolution 20-23 adopting the recommendation by the Planning Commission to City Council to certify a Mitigated Negative Declaration (MND) and approving the Annexation, Pre-Zone, Zone Change, General Plan Amendment, and Tax Share agreement for the Melon Apartments.
Zoning: Existing - Imperial County R-1-U (Single-Family Urban) and City Zone R-1 (Single-Family Residential). Proposed – Medium Density Residential (MDR) and Two Family (R-2)
General Plan: City LDR (Low Density Residential)
Environmental: CEQA-Mitigated Negative Declaration (Pending Certification)
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INTRODUCTION & PURPOSE
The Applicant is proposing a project consisting of a Lot Merger, Annexation, General Plan Amendment, and Pre-Zone in support of the development of an 8.19-acre site with a 152-unit residential project along the northern city limits of the City of Holtville. A portion of the project site is within the City of Holtville’s incorporated boundaries while a majority of the project site is OUSTIDE City limits but within the City’s Sphere of Influence (SOI). The site is located adjacent and to the north of the City limits on five parcels (See Exhibit A – Project Vicinity Map). The five parcels comprising the Project site currently have a land use designation of Low Density Residential (LDR) (Refer to Attachment B – General Plan Land Use Map). This designation does not allow for multi-family development. Therefore, a General Plan Amendment is required in order to increase the residential density. The property to be annexed must also be pre-zoned to accommodate future development. The 0.468 acre parcel located inside city limits is currently zoned R-1 Single Family which also requires a zone change to accommodate the project.
The City of Holtville Planning Commission held a public hearing meeting on October 19, 2020 to discuss all pertinent documents, findings, and public comments. Staff presented the Applicant’s request to assign a General Plan Land Use Designation of HDR (High Density Residential) and Pre-Zone of R-3 Multi-Family Residential to accommodate the proposed 152-unit apartment project. Significant comments were provided by the public opposing the project and the projects density. Upon considering all documents and public comments, the Planning Commission of the City of Holtville recommends that the City Council of the City of Holtville certify a Mitigated Negative Declaration (MND) and approve the Annexation, Pre-Zone, and General Plan Amendment for the Melon Apartments at the northeast corner of Melon Road and Ninth Street.
ISSUES FOR DISCUSSION
Density
The core of the public opposition received during the Planning Commission’s public hearing was related to the project’s density and number of units proposed. The current General Plan designation for the project site is LDR (Low Density Residential) which only allows a maximum of 6.0 dwelling units or 49 dwelling units for the project site (refer to Table 1 below). The Applicant is requesting an increase in density to make residential development financially feasible in order to address mitigation measures and off-site improvement requirements such as the undergrounding of the Pear Canal and extension of stormwater infrastructure.
In response to public comments, the Planning Commission a recommendation to amend the General Plan Land Use designation to MDR (Medium Density Residential) which would allow a maximum density of 12 dwelling units per acre or 98 dwelling units on the project site as shown on Table 1 below. Although the General Plan designation would allow for 98 dwelling units, the Planning Commission’s recommended zoning designation is for R-2 Two-Family Residential
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which only allows for a maximum of 65 dwelling units for the project site. It is important to note that the zoning designation would be the prevailing regulation that would limit the number of units that can be developed at the project site. Even though the General Plan allows for more units, the R-2 zoning is the absolute limiting factor in determining the number of units. The Applicant is amendable to the R-2 designation but requests that the City consider amending the Zoning Code to allow for more than 65 dwelling units. The project site may be able to accommodate more than the 65 dwelling units but amending the Zoning Code at this time would have far-reaching implications. Staff has not had a chance to fully analyze how a Code Amendment would affect other parcels in the City currently zoned R-2. The Applicant does not object to the current limitations of the R-2 with the understanding that the City will amend the Zoning Code during the next 3-6 months to allow for more dwelling units. The Applicant is therefore requesting that the Council approve an R-2 zoning designation in order for the project to move forward to the Local Area Formation Commission (LAFCo) which is governing authority related to annexations. Following LAFCo’s approval of the annexation, the Applicant is further requesting that the City amend the Zoning Code to allow for the increase in number of units. Jurg Heuberger, Executive Director of LAFCo, verified that LAFCo Staff does not object to a later Code Amendment to increase density as long as the amendment does not allow for non-residential uses. The following tables depict the current General Plan Land Uses/Zoning with their respective densities and the maximum allowed dwelling units for the project in each designation.
Table 1 General Plan Land Use Element – Residential Zone Densities
Land Use Designation Dwelling Units Allowed Per Acre
(du/ac)
Potential Maximum for 8.19 acres
Low Density Residential 2.1 – 6.0 dwelling units/acre
49 dwelling units/acre
Medium Density Residential
6.1 – 12 dwelling units/acre
98 dwelling units/acre
High Density Residential 12.1 – 20 dwelling units/acre
164 dwelling units/acre
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Table 2 Zoning Ordinance – Permitted uses and Densities within Residential Zones Zoning
Designation Allowed Uses Maximum
Density Potential Maximum
Density for 8.19 acres
R-1 Single-Family Single- family detached residential dwelling including mobile homes
1 dwelling unit/6,000
square feet of lot area
58 dwelling units
Residential care homes R-2 Two-Family Single- family detached
residential dwelling including mobile homes
8 dwelling units/acre
65 dwelling units
Two-family residential dwelling units Residential care homes *Apartment complexes and townhomes are not permitted in an R-2 zone*
R-3 Multi Family Multiple housing units, including apartments, condominiums and townhouses
20 dwelling units/acre
164 dwelling units
Single-family and two-family residential dwellings, including mobile homes Residential care homes Transitional housing
R-4 Mobile Home Park
Residential care homes 1 dwelling unit/5,000
square feet/space
71 dwelling units
Apartments, at the same density and standards permitted in this zone but limited to 15 feet or one story
Housing Needs Development of the project would contribute to the addressing the City’s Regional Housing Needs Allocation (RHNA) mandated by State Law and determined by the Southern California Association of Governments (SCAG). Table 3 below shows the current RHNA numbers which ends in 2021 and the upcoming draft 6th Cycle RHNA numbers is expected to be adopted by SCAG on February 2021.
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Table 3 City of Holtville Regional Housing Needs Assessment Allocation Plans
Cycle Years Very Low
Income
Low Income Moderate Income
Above Moderate
Income
Total
5th Cycle 2014 - 2021 54 31 32 92 209 6th Cycle 2021 - 2029 40 33 26 73 171
Table 4 Upcoming Affordable Housing Projects
Project Units Status Fern Crossing 44 Under Construction Pine Crossing 44 Approved Site Plan Review Sunset Rose 32 Approved Site Plan Review Total 120 Combined 5th + 6th Cycle Affordable Housing
158
Difference 38
The 2018 – 2023 City of Holtville Housing Element indicates that the City’s remaining Housing Allocation Goal for the 5th Cycle of the Regional Housing Needs Assessment (RHNA) is currently at 30 very low income units and 9 low income units. The construction of the Fern Crossing Apartments (44 units) and approval of both the Pine Crossing Apartments (44 units) and Sunset Rose Apartments (32 units) will add a combined 120 units leaving an excess of 81 units to be included in the upcoming 6th RHNA Cycle. According to the 6th Cycle RHNA Draft Allocation listed on the SCAG website, the City of Holtville will require a total of 41 very low income housing units and 33 low income housing units for the 8 year cycle starting on 2021 and ending on 2029. When adding the excess 81 units created for the 5th RHNA Cycle to the upcoming 6th Cycle, the total required low and very low income housing units goals will be met with an excess of 8 units. If the proposed project Is zoned R-2, then it will add a total of 65 housing units to the City of Holtville’s 6th Cycle RHNA leaving an excess of 73 low and very low income units but if the R-2 Zone were to be amended to allow a maximum density of 12 units (98 total units within project site) per acre then the project will exceed the City’s 6th cycle RHNA low and very low income housing goal by 106 units which may be allocated toward future Cycles.
9th Street Canal Directly south of the project site is the Pear Canal which will be covered as a condition of approval and the existing pipe will be buried 6 to 7 feet below grade with approximately 3 feet of cover either in its existing alignment or shifted 5 to 10 feet to the north within the Imperial Irrigation District (IID) right-of-way. The City of Holtville has acquired a grant from the IID to
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cover the cost of undergrounding the canal but with a 25% match from the City. The City of Holtville will agree to front the 25% match on the condition that the Developer will develop the parcel with townhomes and apartments. In order to ensure that the project is developed as agreed, a lien will be placed on the property to ensure a record of the Agreement is in place should the Developer decides to sell the property to another.
Local Agency Formation Commission (LAFCo) LAFCo is the governing body empowered to review, approve or deny boundary changes, city annexations, consolidations, dissolutions, special district formations, incorporations for cities and special districts and to establish local "spheres of influence". LAFCO also requires a written agreement between the affected governmental bodies prior to the approval of any annexation to offset any negative fiscal impacts. Upon approval by the City Council of the City of Holtville, the executed Resolution and Tax Agreement will be submitted to LAFCo along with an updated map for approval. Tax Sharing Agreement Section 99 of the Revenue and Taxation Code provides that in case of a jurisdictional change, the governmental bodies of all agencies whose service areas or responsibilities would be altered by such jurisdictional change must agree, by resolution, to accept the negotiated exchange of property tax revenues. The City of Holtville and the County of Imperial have recently met to discuss a tax sharing agreement between both parties and determined a 50/50 split to be agreeable (See Attachment I – Resolution 20-23).
Public Comments On the October 19th Planning Commission meeting, the Commission opened the floor for public comments and received various comments from surrounding property owners expressing their concerns. One resident stated that Melon Road is a commercial road used by agriculture companies for the transportation of agriculture equipment and the number of accidents will grow if the proposed project is implemented. Other residents expressed concerns about City services such as whether undergrounding the canal on 9th Street will reduce water services and if police protection in the area will be lowered. The remaining comments were from surrounding property owners expressing privacy concerns and their opposition to the project’s density and low-income housing.
Public Noticing Requirements A public notice was posted at City Hall on October 27, 2020 and published on the Holtville Tribune on October 29, 2020 informing the general public of the proposed project (Refer to Attachment H – Posted Public Hearing Notice)
RECOMMENDATION
Adopt Resolution 20-23 adopting the recommendation by the Planning Commission to City Council to certify a Mitigated Negative Declaration (MND) and approving the Annexation, Pre-Zone, General Plan Amendment, and Tax Share agreement for the Melon Apartments
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Attachments: Attachment A – Project Vicinity Map Attachment B – General Land Use Map Attachment C – City of Holtville Zoning Map Attachment D – Annexation Map Attachment E – Site Plan Attachment F – Final Mitigated Negative Declaration (Available for review at City Hall)
• Exhibit A – Draft Initial Study/Mitigated Negative Declaration• Exhibit B – Technical Studies and Appendixes
Attachment G – Planning Commission Staff Report Attachment H – Posted Public Hearing Notice Attachment I – Resolution 20-23
• Exhibit C – Conditions of ApprovalAttachment – Tax Share Agreement
• Exhibit D – County of Imperial Fiscal Impact Fees
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ATTACHMENT A – PROJECT VICINITY MAP
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ENGINEERING PLANNING SURVEYING
The Holt Group, Inc.
1601 N. Imperial Ave.(760)337-3883
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VICINITY MAPMELON LLC ANNEXATION AREA
CITY OF HOLTVILLE
LEGEND
CITY LIMITS
EXHIBIT APROJECT No. 116.403
DATE: May 2019
PROJECT AREA ANNEXATION AREA
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LEGEND
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Mixed-Use
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Residential Commercial
Commercial
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Community Facilities
Rural Residential
Agriculture
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Existing Sphere
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Alamo River / Wetlands
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Adopted on September 11, 2017
LAND USE POLICY MAP
Legend
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R-4 Mobile Home Park
R-2 Two Family
R-1 Single Family
R-3 Multi-Family
RC Residential Commercial
C-1 Neighborhood
C-2 General Commercial
I-1 Light Industrial
OS Open Space
CF Community Facilities
Mixed-Use
Commercial
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Downtown - B Zone
NOT TO SCALE
Legend
Adopted on: 8-27-2018Per Ordinance # 492
OFFICIAL ZONING MAP
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ATTACHMENT D – ANNEXATION MAP
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ATTACHMENT E - SITE PLAN
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ATTACHMENT F - FINAL MITIGATED NEGATIVE DECLARATIONEEXHIBIT A -DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION E ECHIBIT B - TECHNICAL STUDIES AND APPENDICES
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Attachment F and accompanying Exhibits are available for review at City Hall
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ATTACHMENT G - PLANNING COMMISSION STAFF REPORT
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pc staff report
To: Nicholas D. Wells, City Manager Holtville Planning Commission
From: Jeorge Galvan, AICP City Planner
Date: October 19, 2020
Project: Melon Apartments Annexation, Pre-Zone, General Plan Amendment, and Site Plan Review
Summary:
Subject of Report:
Draft Initial Study (IS)/Mitigated Negative Declaration (MND) Certification for the Melon LLC Annexation
Project
Location:
Northeast Corner of East Alamo Road (9th Street) and Melon Road
(See Exhibit A - Project Vicinity Map)
Pending Action: Certification of Draft MND via
Adoption of Resolution 20-08
Zoning: Imperial County R-1-U (Single-Family Urban) and City Zone R-1 (Single-Family Residential).
General Plan: City LDR (Low Density Residential)
Environmental: CEQA-Mitigated Negative Declaration (Pending Certification)
INTRODUCTION AND BACKGROUND
The proposed Project consists of the Lot Merger, Annexation, General Plan
Amendment, and Pre-Zone in support of the development of an 8.19-acre site with a 152-unit residential project along the northern city limits of the City of Holtville.
Approximately 7.75 acres of the site require annexation into the City limits. The project proposes 152 total multi-family dwelling units distributed amongst 13 buildings and will contain a mix of one-bedroom and two-bedroom units. A 0.34-acre Recreation
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Center will be centrally located within the project while maintenance and laundry facility buildings will be located in the eastern portion of the proposed project.
Access to the site is proposed from two points with the main access located on the
west side of the project off Melon Road and the secondary access will be on the north side of the project along Tenth Street. A total of 266 parking spaces are proposed, 16 of which will be designated handicap to meet the Americans with Disability Act
(ADA) requirement.
A 0.75-acre retention basin is proposed in the southwest corner of the Project site to
capture stormwater runoff generated by the project. The retention basin will drain-out into the City of Holtville Drainage Swale that extends south along the east side of Melon
Avenue beginning at the southeast corner of Melon Avenue and 9th Street through a new 3-inch diameter force-main drain pipe proposed at the southwest corner of the retention basin. Additionally, the Pear Canal will be covered and the existing pipe will be
buried 6 to 7 feet below grade with approximately 3 feet of cover either in its existing alignment or shifted 5 to 10 feet to the north within the Imperial Irrigation District (IID)
right-of-way.
ISSUES FOR DISCUSSION
Jurisdictional Authority
A portion of the project site is within the City of Holtville’s incorporated boundaries while a majority of the project site is within the City’s Sphere of Influence (SOI). The site is
located adjacent and to the north of the City limits on five parcels (See Exhibit A – Project Location Map). The five parcels comprising the Project site currently have a land
use designation of Low Density Residential (LDR) (Refer to Exhibit B – General Plan Land Use Map). This designation does not allow for multi-family development. Therefore, a General Plan Amendment from LDR to High Density Residential (HDR) is
required. Likewise, a Pre-Zone from the County zone R-1-U (Single-Family Urban) and R-1 (Single-Family Residential) to City zone R-3 Multi-Family and the annexation of
approximately 7.75 acres, located within Imperial County limits, into the City limits will be required (Refer to Exhibit C – City of Holtville Zoning Map and Exhibit D – Annexation Map).
Background/History
If a project is not exempt from CEQA, a lead agency conducts an initial study to
preliminarily assess project impacts. The Holt Group Planning Staff prepared and presented the Initial Study to the Holtville Environmental Evaluation Committee (EEC) on
July 21, 2016. EEC members consist of management staff from Finance, Fire, Police, Public Works, and Planning. Areas that were taken into consideration include the following: aesthetics, agricultural and forestry resources, air quality, biological resources,
cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use planning, noise, population and
housing, public services and facilities, traffic and transportation, tribal cultural resources, and utilities and service systems. After the initial study was completed, the EEC determined the project could have potential effects. During the preparation of the Initial
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Study, areas that proved to be of concern are the following: air quality, biological, cultural, geology/soil, and hydrology (See Exhibit F - Administrative Draft Final
IS/MND). The Initial Study document was forwarded to Imperial County Planning and Development Services (ICPDS) for administrative review on February 1, 2017. The
project did not move forward in 2017 so the draft MND was sent to Local Agencies for review in 2020.
Proposed Mitigation
The draft MND analyzed and assessed how the annexation and construction of the 152 unit multi-family residential project at the proposed location would impact the natural
environment. The City proposes a number of mitigation measures to reduce any potential impacts to less than significant. Mitigation Measures were incorporated in the
following areas: aesthetics, agriculture/forestry resources, air quality, biological resources, cultural resources, geology/soils, hazards & hazardous materials, and noise are part of the Mitigation and Monitoring Plan proposed. (See Exhibit G - Draft
Mitigation and Monitoring Plan).
Public Review
CEQA requires a very regimented public review process. A request for comments was sent to local agencies on July from July 24 - August 25, 2020. The Draft Mitigated
Negative Declaration was completed on October 5, 2020. Additionally the notice was mailed to the Office of Planning and Research for further circulation to State agencies
under State Clearinghouse Number 2018051056. A public hearing notice for the matter was posted on October 7, 2020 and mailed to parcels within 300 feet of the project area on the same day. (See Exhibit H - Noticing).
In compliance with AB 52, Native American tribes, as prescribed by Native American Heritage Commission were sent letters informing them of the proposed project and requesting their input. Per State law, tribes shall be given a 30-day review process which
began on December 7, 2016 and ended on January 9, 2017 with three responses. Two were for no comments and the third was from the Viejas Kumeyaay Indians indicated
that the APE is within an area they have cultural ties to and requested to be present during ground disturbance. A follow up request was sent on December 30, 2019 and closed on January 27, 2020 with no responses. There were three comments received
during the July 24th to August 25th local agency review period (See Exhibit I - Agency Comments) as noted below:
Date of Receipt Summarized Comments
August 10, 2020
Local Agency Formation Commission
Letter points out three minor mistakes on section XV (PublicServices) of the Mitigated Negative Declaration.
Requesting information on how the City will mitigate the fireprotection, police protection, and park deficit described inthe City’s 2017 Service Area Plan.
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August 11, 2020
Southern California Gas Company
Notes that there are several SoCalGas facilities near theproject site and requests a meeting with all utility companyrepresentatives to discuss the full project scope and anyconstruction that might affect existing utilities if conflicts areassumed.
Utilize the Underground Service Alert (Dig Alert) One-CallSystem prior to any construction or excavation and send arequest in writing to SoCalGas if there are any conflictingfacilities.
Requests signed final plans and subsequent plan revisions assoon as they are available for agency review.
August 17, 2020
Imperial Irrigation District
Any construction or operation on IID property will require anIID Encroachment Permit from the IID Real Estate SectionDepartment.
The IID Water Department should be consulted prior to finalproject design.
Joel Lopez, the IID Customer Development Planner shouldbe contacted to request electrical services and initiate thecustomer service application process.
A Customer Service Development Project Application andDistributed Interconnection Packet should be submitted tothe IID for the implementation of rooftop solarinterconnection requirements.
Construction of bridges should be apprised by the IID WaterDepartment Engineering Services.
August 17, 2020
Imperial County Air Pollution Control District
Subsections “b)” and “c)” of Section III of the MND can bechanged from “Potentially Significant Unless Mitigated” to“Less than Significant” so long as the project adheres toRules 400.5, 400.6, 428, 310, and Regulation VIII of theImperial County Air Pollution Control District CEQA AirQuality Handbook.
Mitigation AQ-1 of Section III of the MND should bechanged to “Erect fencing around the entire perimeter of theproject” and mitigation measure AQ-3 should be elaboratedupon as it is mentioned but not discussed.
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FINDINGS AND PENDING ACTION
Pursuant to the California Environmental Quality Act and Holtville Municipal Code Section
17.12.10 the draft MND shall be reviewed and Certified by the governing body. The environmental review of the Melon Properties Apartment Complex is being satisfied
pursuant to CEQA inclusive of Public Hearing requirements. Certification of the Mitigated Negative Declaration (MND) for the apartment complex does not constitute approval of the proposed project. The project will be subject to the Mitigation Measures
once they are both approved by the Planning Commission and City Council.
After reviewing all pertinent data associated with the environmental document and hearing and considering any relevant testimony received during the public hearing, it is
recommended that Planning Commission consider the following actions (See Exhibit J -Resolution 20-08):
1. Adopt Resolution 20-08 to CERTIFY the Mitigated Negative Declaration aspresented and prepared for the proposed Melon Properties Apartment Complex;or
2. Adopt Resolution 20-08 to CERTIFY the Mitigated Negative Declaration withmodifications to address additional comments received during the Public Hearing
for the proposed Melon Properties Apartment Complex;
3. Not adopt Resolution 20-08 and provide alternative directive to Staff.
Should you have any questions and/or concerns regarding the information in this report,
please feel free to contact me at (760) 337-3883. Your comments are encouraged written or verbal and can be forwarded to [email protected], Assistant Planner.
ATTACHMENTS
Exhibit A - Project Vicinity Map
Exhibit B – General Plan Land Use Map Exhibit C – City of Holtville Zoning Map Exhibit D – Annexation Map Exhibit E – Site Plan
Exhibit F - Administrative Draft Final IS/MND Exhibit G - Mitigation Plan Exhibit H - Noticing
Exhibit I - Agency Comments Exhibit J - Resolution 20-08 Exhibit K - Conditions of Approval
mailto:[email protected]
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ATTACHMENT H - POSTED PUBLIC HEARING NOTICEE
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ATTACHMENT J - RESOLUTION 20-233 EXHIBIT C - CONDITIONS OF APPROVALEXHIBIT D - TAX SHARE AGREEMENTEXHBIT E - COUNTY OF IMPERIAL FISCAL IMPACT FEES
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RESOLUTION NO. CC 20-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLTVILLE
CERTIFYING A MITIGATED NEGATIVE DECLARATION (MND) AND APPROVING THE ANNEXATION, PRE-ZONE TO R-2 (TWO FAMILY
RESIDENTIAL) FOR APN’S 045-390-067, 045-390-065, 045-390-066, AND 045-390-044, A ZONE CHANGE TO R-2 (TWO FAMILY RESIDENTIAL) FOR APN
045-390-006, AND GENERAL PLAN AMENDMENT TO MDR (MEDIUM DENSITY RESIDENTIAL), AND APPROVING A TAX SHARING AGREEMENT
BETWEEN THE COUNTY OF IMPERIAL AND THE CITY OF HOLTVILLE FOR THE MELON APARTMENTS AT THE NORTHEAST CORNER OF
MELON ROAD AND NINTH STREET WHEREAS, the City of Holtville received an application from Melon Properties, LLC (“Applicant/Developer”) for an Annexation, Pre-Zone, and General Plan Amendment to allow the development of a residential project at the northeast corner of Melon Road and Ninth Street (APN’s 045-390-006, 045-390-044, 045-390-065, 045-390-066, and 045-390-067); and WHEREAS, the 8.2-acre project site is comprised of four individual parcels located in an unincorporated area adjacent to the incorporated boundaries of the City of Holtville; and WHEREAS, the current Holtville General Plan Land Use Designation for the project site is Low Density Residential (LDR) which is intended for single family housing up to 6.0 units per acre; and WHEREAS, the Applicant’s original request was to allow for the development of 152 multi-family residential units but decreased the number of units due to public testimonies received during the Planning Commission public hearing; and WHEREAS, the Holtville General Plan Housing Element encourages the development of a variety of housing types and densities to meet the Regional Housing Needs Assessment Allocation; and WHEREAS, an Environmental Initial Study and Mitigated Negative Declaration (MND) were prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) to determine the extent of any potential impacts to the environment; and WHEREAS, Mitigation Measures and a Mitigation Monitoring Plan were prepared to minimize the environmental impacts to levels that are less than significant; and WHEREAS, the Draft Mitigated Negative Declaration was made available for public review for a period of 30 days from July 27, 2020 to August 25, 2020 and circulated through the State Clearinghouse from August 27, 2020 to September 25, 2020; and
WHEREAS, it is necessary for the Holtville City Council to approve a Tax and Fiscal Impact Agreement between the City of Holtville and Imperial County for the
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exchange of property tax revenues upon annexation of territory to the City of Holtville; and
WHEREAS, the Notice of Public Hearing before the November 23rd City Council meeting was posted at City Hall on October 27, 2020 and circulated to property owners within 300 feet on October 27, 2020 for the referenced Public Hearing scheduled; and
WHEREAS, the City Council reviewed the Final Mitigated Negative Declaration and all maps, exhibits, and written documents presented for this project, and has considered the oral presentations given at the public hearing; and
WHEREAS, upon hearing and considering all testimony and arguments, analyzing the information submitted by staff and considering any written comments received, the City Council considered all the facts relating to the certification of the Final Mitigated Negative Declaration; and
NOW THEREFORE LET IT BE RESOLVED, that the City Council of the City
of Holtville determines as follows: A) That the foregoing recitations are true and correct; and B) That based on the evidence presented at the public hearing, the City Council
of the City of Holtville certifies a Mitigated Negative Declaration; and
C) That based on the evidence presented at the public hearing, the City Council approves a General Plan Amendment changing the Land Use Designation for the subject site to Medium Density Residential (MDR) with a maximum density of 12.0 units per acre; and
D) That based on the evidence presented at the public hearing, the City Council
approves a Pre-Zone for APN’S 045-390-067, 045-390-065, 045-390-066, and 045-390-044 as Two Family (R-2); and
E) That based on the evidence presented at the public hearing, the City Council
approves a Zone Change for APN 045-390-006 to Two Family (R-2); and F) That based on the evidence presented at the public hearing, the City Council
approves the proposed annexation; and G) That the City Council does hereby approve the Tax Share Agreement
between the City of Holtville and the County of Imperial for the exchange of property tax revenues due to annexation to the City; and
H) That the Mayor of the City of Holtville is hereby authorized to sign the Tax Share Agreement on behalf of the City; and
I) That all actions taken by the City Council related to this project are based on the following findings:
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1. The project has been reviewed in accordance with the requirements set forth by the City of Holtville for implementation of the California Environmental Quality Act.
2. The project is in compliance with the California Environmental Quality Act, Section 2100 through 21176 of the Public Resources Code.
3. The proposed draft Mitigated Negative Declaration shows that any potentially significant impact on the environment will be mitigated to a level below significance.
4. The proposed project is consistent with and in furtherance of the Goals, Objectives, and Policies of the City of Holtville General Plan.
APPROVED AND ADOPTED at the regular meeting of the City Council of The City of Holtville, California held on this 23rd day of November 2020.
James Predmore, Mayor I, Nick Wells, City Manager of The City of Holtville, DO HEREBY CERTIFY that the foregoing resolution was duly passed, approved, and adopted by the Planning Commission of said City of Holtville at a regular meeting thereof held on the 23rd day of November 2020, Holtville on said date, and that the same was adopted by the following roll call vote:
AYES: NOES: ABSENT: ATTEST: Nick Wells, City Manager
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EXHIBIT C CONDITIONS OF APPROVAL
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CONDITIONS OF APPROVAL
MELON PROPERTIES, LLC Northeast Corner of East Alamo Road (9th Street) and Melon Road
(APNs) 045-390-006, -044, -065, -066, and -067.
1. Project Description. The Developer is proposing a project consisting of the development of a 152-unit apartment complex at the northeast corner of Melon Road and Ninth Street. Minor changesto the site plan and decrease in density may be allowed subject to the approval of the City Plannerif found to be in substantial conformance to these Conditions of Approval. The General Plan LandUse Designation for the project site is High Density Residential (HDR) and the Zoning Designationis City Zone Two-Family Residential (R-2). The General Plan Land Use Designation and ZoningDesignation shall be effective upon the approval of the annexation.
2. Lot Merger. The project site currently consists of four separate parcels and will require a newparcel map combining all four lots within the project site to be prepared in conformance with theSubdivision Map Act. The Developer will be required to submit an application to the City ofHoltville and Imperial County, with legal descriptions prepared by a professionalEngineer/Surveyor.
REQUIRED PERMITS AND AUTHORIZATIONS
3. Building Permit. The applicant shall secure a building permit with the City of Holtville and pay allapplicable Development Impact Fees. A building permit shall be obtained for all buildingconstruction and on-site improvements including permanent and temporary signs. Inspections for compliance shall be obtained prior to issuance of a Certificate of Occupancy and opening thebusiness operation.
4. Air Pollution Control District Permit. Any person or organization proposing to construct, modify,or operate a facility or equipment that may emit pollutants from stationary source into theatmosphere.
OFFSITE IMPROVEMENTS
5. Streets, Curb and Gutter, and Sidewalk.i. The Developer shall include half width improvements to the portions of 10th Street, and
9th Street abutting the project site. Improvements shall be consistent with the pavementwidth shown in S101 of the City of Holtville City Standard Details.
ii. Full width improvements to Melon Avenue abutting the project site to the west shall beincluded. Improvements shall be consistent with the pavement width shown in S101 ofthe City of Holtville City Standard Details.
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iii. A new curb and gutter along the portions of 10th Street, Melon Avenue, and 9th Street
abutting the project site shall be constructed as necessary.
iv. A new sidewalk shall be installed on the portions of 10th Street, Melon Avenue, and 9th Street abutting the project site in accordance with City standards.
6. Domestic Water. The Developer’s engineer shall prepare a hydraulic study during the project
design and complete required improvements to the Holtville Water Distribution System to provide the required fire flow demand to the project site.
7. Sanitary Sewer. i. Prior to the issuance of a building permit, the Developer shall submit a sewer plan
consistent with the approved site plan and conditions of approval. The sewer plan shall be based on an approved Sanitary Sewer Study. If the existing sewer line within the vicinity of the project site is deemed insufficient, the Developer is responsible for the construction of the larger diameter pipeline.
ii. All sewer lines must maintain the minimum slope requirements and must be buried a minimum of three feet underground in accordance with City of Holtville standards and specifications.
8. Stormwater.
i. The Developer shall construct a stormwater force main along Alamo Road to Tamarack Road to the City’s outfall pipe at the Alamo River.
ii. An onsite retention basin shall be adequately sized to store the volume of a 25 year, 24 hour storm (2.54 inches over the 24-hour period) on-site per City of Holtville Standard Details and Specification requirements. The retention basin shown on the plans may need to be resized to accommodate the required stormwater volume.
iii. A stormwater pump station shall be installed at the retention basin to transport
stormwater from the retention basin to the stormwater conveyance system.
iv. All stormwater infrastructure shall be completed prior to the issuance of any certificate of occupancy.
9. Pear Canal. The Developer shall agree to a lien on the property to construct a mixture of town
homes and apartments on the project site in exchange for the City to front the 25% grant match required to underground Pearl Canal located on the southern side of the project site.
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ACCESS/ROADWAYS/CIRCULATION
10. Traffic Control Plan. All driveway and City roadway improvements shall require a traffic controlplan and be consistent with Holtville’s Standards Details and Specification. An encroachmentpermit shall be obtained prior to commencement of work and issuance of a building permit.
PARKING/PARKING LOTS/ON SITE LIGHTING
11. Residential Use Parking Required. The residential development requires 1.5 standard parkingspaces per unit and at least five (5) of the parking spaces must be ADA accessible parking spaces.All ADA requirements shall meet Caltrans Standard Plan A88A, A90A and the California BuildingCode. The minimum slopes acceptable shall be designed per Caltrans Standards (i.e. cross slopes,1.5 percent, 7.5 percent on ramps, and 4.5 percent on path of travel). The required parking spaces for the 152 unit project are determined in accordance to Chapter 17.52 of the City Zoning Codeas follows:
One Bedroom Unit = Requiring 1.5 Spaces/Unit Two Bedroom Unit = Requiring 1.75 Spaces/Unit Three or more Bedroom Unit = Requiring 2.00 Spaces/Unit
Total = 152 Units
12. Parking Lot. The parking facilities shall be paved with a durable dust-free surface pursuant tosection 17.52.100 of the Zoning Ordinance.
13. Parking Lot Lighting. The parking lot lighting (pole lighting) shall be shielded and directed so as tominimize significant off-site glare or adverse light intrusion into neighboring properties. Thebuilding and public walkways must be well lit.
14. Fencing. Per Section 17.52.120 of the Zoning Code, each parking facility containing four or morespaces abutting a City street shall be separated from such street by a decorative wall, viewobscuring fence, permanently maintained, compact hedge, berm or combination thereof not lessthan 30-inches and not more than 42-inches, except that the following area shall be left clear ofplanting and improvements from a point of thirty inches above the ground: at the intersection ofeach driveway with a street, a triangular area where corners are defined by two point on the rightof way line, fifteen feet on each side of the centerline of the driveway or alley and a point on saidcenterline ten feet outside of the right of way (Section 17.10.090). Chain-link fencing is notallowed
ON-SITE BUILDING(S) AND STRUCTURES
15. Building Height. All buildings, shall be limited to two stories or 30’ in height.
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16. Finished Floor Elevation. The finished floor elevation of all structures shall be constructed 18” above the top of curb (top of curb and gutter of adjoining streets).
17. Equipment Screening. All mechanical equipment such as HVAC equipment shall be screened for visual and noise attenuation.
18. Trash Enclosure. All trash and garbage bins shall be stored in an approved enclosure. Refuse containers and service facilities shall be screened from view by solid masonry walls with wood or metal doors. Chain Link fencing with slating is prohibited.
19. Signage. A maximum of one unlighted identification sign, or one freestanding sign is permitted for the entire project site. The sign shall not exceed 15 square feet or 6 feet in height (17.56.260). All sign designs shall be constructed in conformance with Section 17.56 of the Holtville Municipal Code. The proposed sign shall be submitted to the City of Holtville to be reviewed for consistency applicable codes.
20. ADA Compliance. Entrances to buildings, main facility, and/or any other entrance, and restroom facilities shall comply with current ADA requirements.
21. Walls and Fences. All walls and fencing within the project shall be consistent with the main
building to prevent a fragmented design that may result from the use of too many materials and textures. Graffiti resistant coating shall be applied to all masonry walls.
22. Lighting. The project shall use low source lighting with lights directed downward to minimize illumination of the nighttime sky and all light sources shall be shielded to prevent light trespass outside the project boundary.
23. Noise Reduction.
i. Prior to commencing earth-moving and construction activities, the project contractor shall install noise attenuating barriers/acoustic shields along the perimeter of the Project site. The barrier must prevent the “line-of-sight” between the noise source and the receptor.
ii. Equipment shields shall be used for stationary pieces of equipment (i.e. metal containers) placed near the Project site property line to reduce noise levels. Alternatively, the project contractor shall construct plywood barriers around stationary equipment.
iii. The Project contractor shall comply with the City of Holtville’s Zoning Ordinance which requires construction work or related activity which is adjacent to or across a street or right-of-way from a residential use, except between the hours of 7:00 a.m.
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and 7:00 p.m. on weekdays, or between 8:00 a.m. and 7:00 p.m. on Saturday and Sunday. No such construction is permitted on federal holidays.
i. The project contractor shall turn off equipment when not in use (i.e. not left idling for more than 10 minutes) and shall use equipment that is no older than 10 years old to achieve the lowest levels of noise and air emissions.
24. Air Quality. Project contractor shall erect fencing around the entire perimeter site prior to beginning construction, and vehicle speeds for all vehicles shall be limited to 15 miles per hour (mph) on any unpaved surface at the construction site. In addition to the previously mentioned mitigation measures, the project shall abide by Regulation VIII of the Imperial County Air Pollution Control District CEQA Air Quality Handbook.
25. Biological Resources.
i. A pre-construction survey for nesting birds shall be performed by a qualified biologist
within 3 days prior to initiating ground disturbance if construction starts between January 1 and August 31. A survey report should be submitted to the appropriate agency.
ii. Prior to starting work, construction foremen, workers and on-site employees shall be given Worker Environmental Awareness Program (WEAP) Training by a qualified biologist regarding the burrowing owl. WEAP training shall include the following:
a. Description of owl/nesting bird b. Biology c. Regulations (CDFW/USFWS) d. Wallet card with owl picture/guidelines for protecting owl and wildlife e. Notification procedures if avian species (dead, alive, or injured) if found on or
near site.
26. Cultural resources. The Viejas Band of Kumeyaay Indians shall be notified prior to commencing ground disturbing activities so that one or more members of the Tribe are present when ground disturbance begins. If evidence of human remains is discovered, construction activities within 200 feet of the discovery shall be halted or diverted and the Imperial County Coroner shall be notified (Section 7050.5 of the Health and Safety Code). If the Coroner determines that the remains are Native American, the Coroner will notify the NAHC which will designate a Most Likely Descendant (MLD) for the Project (Section 5097.98 of the Public Resources Code). The designated MLD then has 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains (AB 2641). If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public Resources Code). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public Resources Code). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or
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conservation zoning designation or easement; or recording a document with the county in which the property is located (AB 2641).
27. Geology and Soils.
i. Subsurface exploration and evaluation of the subsurface soils shall be required to determine the potential for, and magnitude of, liquefaction induced settlements at the Project site. If the risk for liquefaction is found then ground improvement methods such as deep soil mixing (cement), vibro-compaction, vibro-replacement, geo-piers, stone columns, compaction grouting, or deep dynamic compaction shall be used. Other means to mitigate liquefaction damage include either a deep foundation system, rigid mat foundations and grade-beam reinforced foundations that can withstand some differential movement or tilting. Results should be submitted as part of the project design and prior to issuance of building permits.
ii. A site-specific Geotechnical Investigation shall be conducted prior to site development to provide geotechnical criteria for the design and construction of this project and should be submitted as part of the project design and prior to issuance of building permits.
iii. Paleontological monitoring shall take place during construction when ground disturbance
is at a depth of 5 feet and deeper. If paleontological sensitive soils (as defined per the Society of Vertebrate Paleontology) or paleontological resources (per significance criteria of the San Bernardino County Museum) are encountered, monitoring shall be increased to full-time within a radius of 100 meters