3B Public Hearing 2007 0904 - Laserfiche WebLink

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Planning Commission Meeting Minutes Agenda No. 07-16 August 23, 2007 Page 15 of 19 Vice Chair Dlugosh said then that it could be used, with a use permit, as it exists now. But at such time that the property is redeveloped, it would have to fall within the TOD Strategy guidelines. Secretary Livermore clarified that with the adoption of the TOD Strategy, it would have to be ground-floor retail and residential above. Commissioner Nardine asked if a process would be put in place to ensure that the Plam1ing Commission could come back and review the TOD Strategy every couple of years in light of changes in economics, the market and demographics. Will there be a review process? Secretary Livermore said that TOD Strategy does not establish a review process per se, but neither does it preclude other initiatives. The Planning Commission and City Council can always look at additional ways of changing regulations to meet changing circumstances. Commissioner Finberg asked whether the Planning Commission IS able to make changes in the staff recommendations to forward to the City Council. Secretary Livermore said yes, certainly. Commissioner Finberg said that she is not comfortable with the SP-l verbiage, but is not at the moment prepared to say exactly how it should change. She also referred to some of Commissioner Collier's concems - BART parking, bike lanes - and is not sure how to verbalize on the spot appropriate changes to those sections. She understands the need to move forward because the moratorium on downtown development is due to expire on November 6, but she repeated that she is uncomfortable doing so without some "tweaks" in the current documents. Secretary Livermore clarified the situation about the moratorium. She confirmed that it is now set to expire on November 6. If City Council has a first reading on September 4 and a second reading on September 17, new zoning regulations would take effect in mid- October (30 days later). If the Planning Commission does not make a recommendation tonight, it would be necessary to extend the moratorium; otherwise, no replacement zoning would be in effect when the moratorium expires. Commissioner Abero asked how long the existing zoning would have to be extended if further changes were to miss the November 6 moratorium expiration. She wondered if it is a matter of weeks, months or years? Assistant City Attorney Stuart said that by statute, the moratorium could be extended only for a certain period of time. She believes it has already been extended once, and a moratorium cannot by Califomia law be in place for a period of years. She said it would be necessary to check where we are within that statutory time period. If anything, she said, this would be a matter of months, certainly not years. Chair Reed, acknowledging that the TOD Strategy represents a plan for the long-term future and it contains some good thought that will set the City's direction, recognized some hesitation among Commissioners. He is not sure it is necessary to rush to judgment, but also does not want to procrastinate. He suggested that perhaps a short extension to the moratorium is appropriate.