Development Review Commission Meeting - November 8, 2022
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Development Review Commission Meeting - November 8, 2022
The Development Review Commission met on Tuesday, November 8, 2022, at 1:00 PM (as listed on the agenda) to conduct public hearings and make recommendations on development applications. The meeting covered a consent agenda, a withdrawn item, and a rezoning and preliminary plat request. The commission also made arrangements for a special meeting scheduled for the following week.
Consent Calendar
- Items 1 and 2 were approved unanimously (6-0) as part of the consent agenda. Item 1 was the 2022 Development Plan Review Annual Report. Item 2 was a Use Permit for a 5-foot-tall wall within the front yard setback for the Salim Residence at 1824 East Caroline Lane (PL220190). No public comments were offered on these items.
Public Comments & Testimony
- Philip Fargostein (resident of Los Estatus, representing the HOA board) spoke on the Caliendo Residence request. He stated that the HOA board neither supports nor opposes the rezoning but requested a condition requiring a six-foot block wall along the new property line for safety, security, and consistency with the neighborhood's perimeter walls. He noted that all homes in Los Estatus have block wall construction and that the wall was removed without HOA authority years ago.
- Rod Lenz (online, owner of Parcel 30802124 in Los Estatus) expressed full support for the zoning map amendment, stating it is consistent with the dominant zoning. He opposed any additional fencing requirements from the HOA, noting that neither lot one nor lot two are HOA members and thus not subject to HOA jurisdiction.
Discussion Items
- Item 3 (Alameda Industrial) was withdrawn by the applicant and not discussed.
- Item 4 (Caliendo Residence) – The applicant, Brian Greathouse (Burch & Cracchiolo, P.A.), presented a request to rezone approximately 0.172 acres (7,475 square feet) from AG to R1-15 and approve a preliminary subdivision plat for two lots at 1100 East Knox Road. The Caliendos own lot one (north) and sold lot two (south) to Erica Flores. The rezoning would allow the Caliendos to reacquire a portion of lot two to expand their backyard for dogs and children. The applicant opposed a condition requiring a block wall, citing property rights, flexibility, and SRP easement complexities. Staff (Lee Menace, senior planner) recommended approval of both the rezoning and the preliminary plat, correcting an ownership label in the report. The public comment period received 11 supportive comments and 1 neutral comment (from Mr. Fargostein) requesting the wall condition.
- The commission discussed the history of the property, noting a block wall was removed about 12 years ago when the Caliendos owned both lots. Concerns about SRP access to a transformer and the lack of HOA jurisdiction over the lots were also addressed.
Key Outcomes
- The commission voted to approve the rezoning and preliminary plat as recommended by staff, without the condition requiring a block wall. The motion was made by Commissioner Spears, seconded by Commissioner Lloyd, and passed (exact tally not stated in transcript). This action is a recommendation to the City Council, which will hold two public hearings before a final decision.
- The commission also agreed to recommend Commissioner Spears as temporary chair for the special meeting scheduled for the following Tuesday (November 15, 2022), as the chair and vice chair would be unavailable. This will be formalized in the meeting agenda.
Note: The meeting took place on Election Day, and the chair reminded attendees of polling opportunities before adjourning.
Meeting Transcript
All right, everybody, I'm gonna ask you to take your seats. We're gonna get started here. You're ready to go. Good evening and welcome to the November 8th, 2022 Development Review Commission hearing. The development review commission is created to hold public meetings and hearings to provide analysis and recommendations to the city council regarding general land use policies and applications, where the commission has recommendatory power and to render final decisions on specified applications where the commission has final decision making power, including but not limited to all aspects of a proposed and future development. The development review commission recognizes that the creation of a desirable environment throughout the city for residents, businesses, and industry is a prime requisite for the interdependence of land values, aesthetics, and good site planning by promoting harmonious, safe, attractive, and compatible development that is therefore considered to be in the best interests of public health safety and general welfare. Any person aggrieved by a final decision of the development review commission may file an appeal to the city council within 14 calendar days after the development review commission has rendered its decision. Development review commission recommendations to the city council are not final decisions. With us this evening, um here on the commission, uh we have uh alternate Robert Miller, uh Vice Chair Andrew Johnson, I'm Chairman Mike D. Dominico, uh, Commissioners Barbara Lloyd, Linda Spears, and alternate commissioner Charles Redman. Uh with us from staff uh in the audience and here at the desk, uh Jeff Tamilevich, Ryan Levake, Steve Abraham, Separata Skupta, uh Lee Jimenez, Lily Drosos, Joanna Barry, and Eddie Garcia. Uh during the public hearing, if there are any items uh that you wish to be heard on, uh, we'd appreciate it if you would, and you don't need to wait till the case is called, you can do it right now. If you wish to be heard, which means coming up and speaking uh at the dais, um fill out one of these white cards. You can get them in the back of the room or up here. Joanna has has a stack of them. Uh, if you don't wish to uh come up and speak publicly, but you have comments that you want to be read into uh the record, you can also fill out one of these cards, write your comments on here, and check the little box that said read them for me, and we'll be happy to do that. Uh tonight in our study session, uh, we went through the agenda, and it is our intention to have two items uh tonight uh be voted on in a single vote as part of what we call our consent agenda. Uh the intent of the consent agenda is to take one single motion and one single vote to approve, and in this case it's items one and two uh on tonight's agenda. Uh that's the annual report and item number two, uh, the use permit rec uh request for the Salim residents. Uh, does anyone here in the audience have you appeared uh or are you here to be heard or have any questions on either of those two items? Okay, seeing none, we're gonna leave those on our consent agenda. Uh Commissioners, I would entertain a motion for approval of the consent agenda. Uh it's been moved by Commissioner Miller and seconded by Vice Chair. Okay. Uh, all those in favor, signify by raising your hand. Motion carries six to zero. Uh item number three on the agenda has been withdrawn, and that brings us to item number four. Uh, that we will hear. This is a request for a zoning map amendment. Uh, the case is commonly known as the Caliendo Residence, 1100 East Knox Road. Uh, we'll start off with the applicant if you uh want to come up and give us a presentation, and then we'll follow that up with uh staff. Thank you, Chairman and members of the commission. My name is Brian Greathouse with the law firm Birch and Crakiolo. For your record, our address is 1850 North Central Avenue here tonight representing the Calyendos. Michelle Caliendo is up on the top there. She is a little bit ill right now, so she's gonna sit up there. And Ryan Gilbert are uh land surveyors also here because this is a rezoning case, and it's also uh an approval for a pre pre plat preliminary development plan. Thank you. So the subject site is located east of rural road, and it's located north of Knox Road, north of the Corona uh high school parking lot. The let me zoom in a little here. The Calyendos own what's called lot one, which is on the north here, and the flores is bought lot two from the Calyendos, and as part of that sale, the Calyendos want to reacquire the site as labeled on here for an expansion in the of their backyard. Um they've told me they would like to have a bigger backyard for their dogs to roll run around and play. Um so the overall acreage of that site area is 0.172 acres. So it's essentially, I think of it as a lot line adjustment rather than a total rezoning case because the uses are going to stay the same. They're both going to be single family homes, they're both gonna be single family lots. Uh, in order to do this, what I call a light lot line adjustment is the site, which is zoned AG today, needs to be rezoned R115 to match what the Caliendo's zoning is on their property today. This is just a map showing what the existing zoning is and what the proposed zoning is. Um, this is about uh about 7,475 square feet. It's to allow dogs and kids to run around in the backyard. Um we know that we have 11 statements of support for the rezoning case.
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