9/26/12 - Steam Punks and Bluegrass on Mare Island this weekend!! What the HELL else do you want? This is a fantastical collision of pedal powered Victoriana geeks slamming headlong into bumpkins with instruments and kooky artists. Not to be missed. Nerds and hillbillies all in one place at one time! Bring your raincoat, pocket protector and riot gear. Do they make steam powered slide rules? This could get interesting!!

 

 

Full info HERE

 

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9/25/12 City Council Meeting - City Council unanimously approves independent investigation by Attorney General of police shooting of Mario Romero and Joseph Johnson, re-institution of Vallejo Human Relations Commission and other proposals outlined in press release issued by Mayor Davis on Sept. 19.

 

Participatory Budgeting moves forward with slight changes,  Davis, Hannigan and Sunga opposed.

 

Gomes and Brown both call for Police Review Commission or similar oversight.


 

Planning Commission Reviews Changes

 

on View Ordinance



By Hatfield McCoy

9/23/12


Several proposed changes were recently suggested by the Planning Department with respect to the Vallejo City View Ordinance; Chapter 16.36 of the City Code. At the last meeting of the Vallejo City Planning Commission held on September 17th, Commissioners heard several new proposed changes to the View Ordinance created by Vallejo City Planner Marcus Adams. Included among the changes was an expansion of a notification date if an applicant proposes a new structure or reconfiguration of property which might impinge upon another neighbor’s view. Instead of fifteen days as stated in the current ordinance and code section, Planners propose that the language be changed to fifteen “working” days for neighborhood notification. In addition to that, Planner Marcus Adams proposed that the area of notification be expanded from the current 100’ to a radius distance of 200’ away from a neighbor attempting to build. Those proposals were all well and good with the general public. What many took issue with, as is often the case, revolved around money.

 

Currently Vallejo does not charge a fee if there is an appellant who objects to a neighbor’s building proposal in a view district. This is not the case in other cities as city planner Marcus Adams patiently explained. For example Vacaville charges an appellant a fee in the area of $700.00 with other nearby cities also in that competitive range. Even Oakland charges $118.00 if someone wishes to object to a potential view blockage by way of appeal. The Vallejo city planning department proposed that a fee of $231 (why bother with the dollar and why not just $230?) be charged if someone were to object to new construction providing city staffers had determined that indeed there would be no view blockage. “There is a reason we want to charge a fee,” said Adams, “other cities already have these fees in place, and we feel that if the neighbor feels strongly about the view impact after staff’s review, then he or she should be held somewhat accountable. We have had cases wherein a neighbor objects to an applicant due to some type of personal vendetta, and proceeds with an appeal for the very fact that they know there is no fee payable in order to object.” Adams continued: “With this ordinance change, it would deter frivolous objections and time wasting appeals.” That said, if a neighbor does object, and staff fully agrees that there is a view impact, then there would be no appellant fee whatsoever. But neighbors responded vehemently with loud objections to this aspect of the change. One speaker had this to say: “A unilateral decision from a Planning Department staff person (with respect to whether a view is blocked or not) is bothersome to me.” And Bay Terrace resident Monica Tipton weighed in stating: “There is inconsistent and confusing language in this proposal. We have had a few different iterations, making it hard to follow,” Tipton said. On the other hand, Planning Commissioner Klimisch had this to say: “You mean to say that Vallejo currently does not order a fee from an appellant, but other cities charge substantial fees to make an appeal?” To that Marcus Adams answered “yes.” “Well no wonder this city went bankrupt. As a business owner, I know that we need to be competitive,” Klimisch said.


Speaker Kim Geddes once again graciously reminded the commissioners of the historical, and architectural value of her neighborhood: the Bay Terrace. “The people of Bay Terrace are some of the most vocal when it comes to view objections,” Planner Adams had said. And definitely most of the speakers in attendance of this meeting live in the Bay Terrace. Geddes, who also feels passionately about the Bay Terrace area, had this to say: “This neighborhood was designed carefully by George Kellum. We should honor his architectural work, his design care and neighbor considerations.”


By the end of the meeting, recently appointed Commissioner Tony Adams tried to make a peaceful compromise by offering a motion which keeps the fee structure as it currently stands. He asked however that the time extension be implemented, and the area of notification be expanded as proposed. So if someone wants to build another building or expand upon an existing structure in a designated view district, you must submit $4950 along with site plans, architectural drawings, and story poles (poles that are placed upon the property which denote the height and size variations for all neighbors to review). Then the city will notice neighbors within a 200 foot radius, and allow 15 WORKING days for anyone in the neighborhood to object or agree. Commissioner Adams submitted his motion which carried with Commissioner Kinney for some reason abstaining. Two other Commissioners were absent. In his motion Commissioner Adams did not attempt to change the fee structure, nor agree to implement any fee to an appellant (someone whose view might be impacted by the new building). But all elected and appointed officials should remember the words of Martin Luther King who said: “Cowardice asks the question: Is it safe? Expediency asks the question: Is it politic? Vanity asks the question: Is it popular? But in the end we must all do what is best and right for the greater good.”


In other news that same evening, Vallejo activist Anne Carr expressed frustration over the noticing processes currently used by the Planning Department. She stated that she very much objects to the script type used, and requests that there be more adequate time allowed to access the packets of information submitted on behalf of both Planning and City Council. Carr also strongly urged the city to use HTML.


Upcoming Planning Commission meetings to watch include a review of housing for felons who are recently released from jail and returned to the counties in which crimes were committed. We’ll let you ruminate over that one for a while longer; do your homework folks. Perhaps the city of Vallejo’s Planning Department will put this one on hold. We already have enough convicted felons walking around town, but don’t count on it.

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Mariner's Landing   |September.26.2012
News Flash: On 5 days of vacation. Got to see what 201 Maine residents do during the week at 90 am in the morning----Two women fighting in the parking lot of the Marin Market across the street from 201 Maine. Big crowd gathered egging them on---filming it with their phones. Someone shouted Police---they all scattered like rats jumping from a sinking ship.

Folks--this is why concentrated section 8 housing does not work.
A view is worth ????   |September.25.2012
We bought our home in the mid 80's then the view added $15,000 to the property value , over the years this component increased in value to approx $30,000 so it is clear a view is a thing of tangible value both of cash and quality of life . once a view is impacted the value decreases thus your property is worth less. All the view homes in Vallejo pay taxes based on property value , essentially view homes pay more than non view homes due to the view/value component . Just ask a Real estate expert it is a no brainer . If Planning tinkers with the long standing ordinance to the detriment of
property owners they could be looking at a huge class action law suite , one epic in scale why pay planning to gamble with your view (you already paid for) far better to pay lawyers to protect all our views collectively and in perpetuity . once again planning needs to learn who they work for .
Sunset junkie   |September.25.2012
@ Corrections
Fabulous post ! and most informative Planning was stacking the deck , they could knowingly approve a project that blocked several views , then sit back and rake in numerous appeal fees for wich to bill their time to . You are right St Vincents hill should move fast before any changes occur they already qualify by definition as a view district . It is quite possible this attempt at tampering
is related to the ill concieved development of Mariners Cove (defined as part of a signifigant view in the current ordinance) perhaps they are throwing Callahan a bone so he can build

on bay mud with a high water table and subject to liquafaction , the boats in the yard move around when a heavy truck passes on MI causeway just imagine what a china cabinet will do in a three story condo . "It just never ends".
Corrections to story, & key fa   |September.25.2012
Hatfield McCoy made some reporting errors and omissions in the story on View District Zoning, and a few comments in this thread are not informed. Here are some key points:

* Regarding appeal fees, and what other cities charge, the Planning Dept reported appeal fees ranging from a low of $50 to a high of $781. So suggesting that $700 is the norm in appeal fees is not correct.

* In the current process for building in a View District, the builder submits a floor plan and a garden variety application to the Planning Dept; the permit fee is $231. Supposedly elevation drawings are required in a
View District, but that item is not specified on the application form.

A Site Devt Application ($4950) comes into play in 3 instances: 1) if it's brand-new construction (this is City-wide); and/or in a View District, 2) if the Planning Dept determines there is a view impact; or 3) if the Planning Dept says there is no view impact, but a neighbor contests the decision. The Planning Dept rarely says there is a view impact, even if a structure is dead-ahead blocking someone's view.

Bottom line, the Planning Dept has a lot of discretion in what they request, and they frequently do not require
story poles or elevation drawings unless the project is tagged to submit a Site Devt Appl.

If the changes go through on View Zoning, the Planning Dept could make a decision on view impact *without* story poles or elevation drawings or a site visit -- and in fact, they already have a history of doing just that. How can you tell if a building will obstruct a view based on a 2-dimensional floor plan drawing? You can't, and that's the point.

Another key fact: The current View Zoning can be applied to any area that is determined to have "significant panoramic views." "Any
residential zoning district or a portion thereof may be designated as a residential view district." Valley City Zoning code, 16.36.020. Other areas of town could be classified as View Districts, and given the views in St Vincent's Hill, the Heritage Area & Vista, if I lived in one of those areas, I'd want my views protected.

I think wharf rat calls it right in suspecting a developer in Planning's clothing on this one. Supposedly the proposed changes to View Zoning were sparked by a desire to "remove the financial burden" for building; the impetus was ONE dispute between
neighbors. When pressed, Sr Planner Marcus Adams later said there were "several" instances that were relevant, but he didn't give any detail.

Since when does the City do anything for one resident? And, if that was the case, the Planning Dept could play with the Site Devt FEE, without nixing the Site Devt Application. Oddly, the City bases all its fees on what other towns charge, even though Vallejo's per capita and median income is the lowest in the Bay Area.

As to "appeal" fees, trying to charge an appeal fee when the Planning Dept usually doesn't enforce the View Zoning
anyway would be a double-dip. It's the Planning Dept's *job* to enforce City Zoning, yet in the View District, they repeatedly approve structures that block views. Why should a neighbor have to pay an "appeal" fee to get the City to enforce Zoning Code that's on the books?

If you start charging fees to contest City decisions, where does that end? In the recent hoo-ha over Callahan's Waterfront proposal, would those who opposed the Planning Dept have to pay a fee merely to enforce the Waterfront Master Plan?

What gets lost in the discussion about site fees and appeal charges is the
that the Planning Dept is already handsomely paid to enforce City Code. Also, it's the info in the Site Devt Application that enables anyone to determine if a project has view impact, whether it's the Planning Dept, or a neighbor.

Repeatedly the Planning Dept does a very poor job, and their misses in reviewing key developer plans are legendary e.g., the Bordoni Ranch park, and Callahan's recent effort to try to undo the Waterfront Master Plan.

Having the Planning Dept tinker with City Zoning Code is like calling a plumber in to fix your computer. Maybe at some point the Dept will develop
some competence, and possibly they might even start to embrace the "public" part of their public service sinecures. In the meantime, from what I've seen, this team is mediocre at best, and rarely considers broad public interest, and oh by the way, City Zoning Code and Plans. If you're a developer, though, you can own the Dept.

Apart from the notification changes (200 ft and 15 working days), the proposed changes for View District Zoning would give the Planning Dept more latitude in continuing to make bad decisions. I hope the City Mgr and City Council shelve this poorly-conceived and
badly-managed effort.
view ordinances   |September.25.2012
The state of california does not have any laws to protect views other than "spite" fences or walls higher than 10 feet put up with the purpose to annoy a neighbor/block a view. So you have to prove the intent along with the structure being built. So, the issue of views can only be addressed at the city levels.

The other cities that have view ordinances address a neighbor's trees and shrubs. Tiburon, Oakland, Rancho Palos Verdes, and other cities with water views have enacted ordinances that hold that a neighbor's trees/foliage cannot block another neighbor's established view, the
trees/foliage become a designated "public nuisance." These ordinances have survived constitutional challenges.

Vallejo's view ordinance goes much further.. it addresses whether a person can build on their own property, up to proper and legal building heights in compliance with the applicable building/zoning ordinances. This is where the issue would be different than with other city's view ordinances; Vallejo's ordinance has never been legally challenged.
28 year view lover /sunset jun   |September.25.2012
Read the existing view ordinance slowly , and deliberate , write notes and comprehend . You will find that most of the content applies to ALL of Vallejo
seems the developers were sleeping !
Weather by accident or error we ended up with some pretty good legislation , these anomalies don't happen often . Staff found out about the error and now wants to tinker with it , The buck stops with the Council not the Planning Comission .
28 year resident /realist   |September.25.2012
@ Anon
Please don't have blind faith in the planning dept they mainly serve the developers that pay their fees this is where their loyalty resides . Beware of Planners in Sheeps clothing , Homeowners are just the occasional visitor to be milked . The big money is in developers
with multi unit projects as the per unit fees pay their salaries . This whole component of City Govt is regressive and under supervised . The designation alone
is an oxymoron planning implies a plan
if this is our plan we need help .
Oakland Hills   |September.24.2012
There are view ordinances in the Oakland Hills for sure, homes that have views of the bay and both bridges protect their million dollar views, there was just a court case that was brought to light in the SFgate last week, the view owner won her case, neighbors below her have to cut their trees and shrubs...
Anonymous   |September.24.2012
There is no right to a view in the state of California. The question would be whether the Vallejo view ordinance would survive a court challenge re: property rights, due process, constitutionality of the ordinance, just for starter. My understanding, however, of the revised ordinance is similar to that of Jay's. The fee is an "appeal" fee. Every city, and every court, have very high fees to appeal a government decision, whether it is planning, building, a court, or city council. It is ridiculous that we do not charge a fee for someone who wants to appeal the decision of planning
related to a view blockage. And $231 is cheap.
Anon   |September.24.2012
Correction Vallejo Heights is the only VIEW DISTRICT the ordinance is inclusive for all Vallejo , the view district designation automatically triggers a view impact component for building permits . the difference being other non designated
areas if impacted would have to go through
a complaint or appeal process with planning if one is lucky enough to be notified of a project ahead of time . COV
approved projects that block views expose COV to expensive lawsuites . I am
no Lawyer but I believe blocking an established view is a "take" if someone with some Legal expertise could post
on the subject it would be great .
wharf rat   |September.24.2012
Read the ordinance carefully some time ago it was modified from the one origionaly
promoted by Vallejo Heights assoc and is somewhat more inclusive than developers would like in fact it is not exclusive to view districts . BEWARE OF SMOKESCREENS
there is a reason staff wants to tinker with it "and it is not for benifet of Homeowners" , read the broad definition of view and you will see . This is a RED flag developer event we need a hands off by staff "if it aint broke dont fix it"
Jay   |September.24.2012
@ I was there -- It was mentioned in the meeting a couple weeks ago that Vallejo Heights is not the only area in Vallejo with a view ordinance.
Anonymous   |September.24.2012
@Zoom in on Planning Commission
re: "Who appointed whom on our current commission and how long they will serve?"

See the last two Planning Commission appointments on these COV videos - January 10th (180) and July 17th (42:50) of this year.
Zoom in on Planning Commission   |September.24.2012
Anyone with the background, please shed some light.

Who appointed whom on our current commission and how long they will serve?
Felon Housing   |September.24.2012
Governor Moonbeam is the same to every cities in CA. It is a internal COV problem that someone is pushing it.

WHO is this person. Name please!

John Allen may be operating two of them but that is on individual level for personal gain and what can he do on the city level?

WHY should CITY spend resource on this? WHO is getting the MONEY? Why are WE paying for that?
Anonymous   |September.24.2012
you can thank john allen at fighting back. he owns and operates at least two properties that house felons.
Anonymous   |September.24.2012
@Felon Housing - You can thank Governor Moonbeam for the felons. Why wouldn't Vallejo accept them? They're poor, jobless, homeless, needing attention. Vallejo is a compassionate city with the best weather in the Bay. The government monies they get will allow them to take the ferry to SF for job fairs. So everybody benefits.
Felon Housing   |September.24.2012
Oh, Great. Not only Sec. 8 housing, now COV is working on Felon housing?

Oh...wait, is this another name for sec.8 housing? with Fed money?

WHO is initiating this type of planning? How can COV justify having more felon housing in town? WHat is the benefit for COV?

Is this the work from our VHA-17 gang or Craig Whittom?

See, when you have too many people with not enough work, they figure out something for themselves to keep themselves busy. A very bad thing.
St. Vincent's Hill   |September.24.2012
This is not just for Vallejo Heights. I am at St. Vincent's Hill and I am equally concerned.

Re: One of my major concerns is that the final judgement regarding the resolution of A View Conflict will be the Economic Development who did not exactly understand or value the citizen's of Vallejo's concerns regarding the latest development ideas for the waterfront.

Agree. I do not trust our Anything-is-better-than-nothing, Do-Anything-to-be-a-popular-girl type Economic Development.
Vallejo Heights Idiocy   |September.24.2012
City of Vallejo cannot be held hostage by a small mob like Vallejo Heights.
I was there   |September.24.2012
I attended this Planning Commission meeting.

The residents of the Vallejo Heights were eloquent regarding their affection and feelings of protection of something that is precious and can be ruined forever by a bad ruling, "their View".

The Vallejo Heights neighborhood is the only one in Vallejo that has a View Ordinance.

One of my major concerns is that the final judgement regarding the resolution of A View Conflict will be the Economic Development who did not exactly understand or value the citizen's of Vallejo's concerns regarding the latest development ideas for the
waterfront.

Should aesthetic decisions that could change a neighborhood forever be by a department of City Staff who's agenda is to create economic development?

I don't think this is such a good idea.

If I were living in Vallejo Heights I would be worried about this revision of your existing View Ordinance.
Jay   |September.24.2012
I don't think this article accurately sums up what is being proposed. I attended a previous workshop on the subject and here's the proposed procedure as I understand it:

- If someone wants to build an addition to their home, no matter where it is in Vallejo, they need to provide blueprints and the appropriate fees (which I believe is where the $4,950 comes in).

- If the project is in a district with a view ordinance, story poles are placed and the planning department makes a site visit to determine whether or not views are affected.

- If the planning department staff determines that there
is an issue with views being blocked, they require revisions to the plans. If preliminary staff review finds no impact on views, then notices are mailed to neighbors saying the project is pending.

- If a neighbor objects to the staff finding, they can request a site visit at no charge. This can be important because it can be difficult to determine the impact on a view from an adjacent home without access to that home. Neighbors commonly allow access to their homes at this step.

- If, after both site visits, planning staff still okays the project, neighbors can still appeal their decision.
It is at this time that the proposed $231 fee would be charged to the appellant.
Builder   |September.23.2012
@ wharf rat
I agree here is how it works in well run Cities . Once the applicant determines the scope and design aspects of the project the story poles are erected , they should be a bright colour and be marked every foot with bold marker a horizontal marker connects them at the maximum project height . A public notice (sign) with project specifics is placed in front of the property this can be done for low cost before final Architectural and permitting costs are borne . If no objections are raised Planning simply issues a mou that the project of specified height is good to go this process
requires very little staff time and informs the applicant if they have a project at all before they spend a ton of money on permits fees and drawings .
wharf rat   |September.23.2012
This needs to be watched closely a midnight vote could screw up the whole enchilada . The fees are used to limit people from involvement in the process
a person is already paying for building permits the inexpensive story pole is the responsibility of the applicant and works well . 200' is not enough once a story pole is up the view impacts are clear and should drive the process . Why the hell do I have to pay a fee to have my view blocked , it is far better to put up the poles then contact those who might be impacted before spending money on permits if view impacts become apparent the
project can be modified before money is wasted on blue prints and permits . This proposed process is ass backwards and fee oriented not fairness oriented . Klimisch need to go
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