1 00:01:52,260 --> 00:01:55,360 All right. Good evening, neighbors. Thank you all for being here. 2 00:01:55,360 --> 00:02:02,600 We're going to call this planning commission meeting to order on September 2nd at 535 p.m. 3 00:02:02,740 --> 00:02:08,740 Please stand for the pledge of allegiance and commissioner, let me in there. Would you like to lead us in the pledge? 4 00:02:10,420 --> 00:02:10,640 Wonderful. 5 00:02:34,820 --> 00:02:36,480 All right. Can we get a roll call, please? 6 00:02:40,520 --> 00:02:41,760 Good evening, everyone. 7 00:02:42,880 --> 00:02:43,840 Chair, castor Reina. 8 00:02:44,440 --> 00:02:44,560 Here. 9 00:02:47,460 --> 00:02:48,340 Commissioner Evans. 10 00:02:50,410 --> 00:02:50,650 Present. 11 00:02:51,750 --> 00:02:57,890 Commissioner Light, I.I.N.A. Air, Commissioner Marshal, Commissioner Veliserie. 12 00:02:58,410 --> 00:02:59,630 Thank you. 13 00:03:00,350 --> 00:03:00,550 Wonderful. 14 00:03:01,350 --> 00:03:04,990 We'll move on to item number two, public comments. 15 00:03:06,510 --> 00:03:11,810 So, neighbors, you'll have three minutes to address all this on anything that is not on the agenda. 16 00:03:12,150 --> 00:03:17,910 Please state your name for the record, and you can not share your time with another individual. 17 00:03:18,750 --> 00:03:20,470 So the floor is yours. 18 00:03:25,310 --> 00:03:25,970 Any on Zoom? 19 00:03:39,830 --> 00:03:40,810 Looking at your meal, okay? 20 00:03:48,040 --> 00:03:48,860 Go ahead, Marcos. 21 00:03:50,760 --> 00:03:51,720 Thank you. 22 00:03:52,280 --> 00:03:54,260 So yeah, my name is Marcos Santana, 23 00:03:54,380 --> 00:03:57,040 and I am a lifelong banding resident. 24 00:03:57,840 --> 00:04:01,460 I wanted to start by saying that I think this amendment is moving to conversation 25 00:04:01,460 --> 00:04:02,780 and the right direction. 26 00:04:03,440 --> 00:04:06,100 Questions about ice attention centers, facilities, 27 00:04:07,080 --> 00:04:09,100 data centers, a standalone battery storage? 28 00:04:09,700 --> 00:04:10,220 Do you hear me? 29 00:04:10,220 --> 00:04:14,220 Yeah, so this is about anything that is not on the agenda today. 30 00:04:15,580 --> 00:04:16,420 Got it. 31 00:04:16,480 --> 00:04:16,740 Yeah. 32 00:04:16,920 --> 00:04:18,220 Anything outside of that is for you. 33 00:04:19,260 --> 00:04:20,040 Got it. 34 00:04:20,420 --> 00:04:23,340 Okay. Well, I'll wait till the later discussion item, apologies for that. 35 00:04:23,460 --> 00:04:23,860 Thank you. 36 00:04:23,900 --> 00:04:25,220 No worries. Thank you for calling in. 37 00:04:26,800 --> 00:04:27,060 All right. 38 00:04:27,760 --> 00:04:31,300 Any public comment from the audience on the item not on the agenda tonight? 39 00:04:33,580 --> 00:04:33,800 Okay. 40 00:04:33,960 --> 00:04:35,180 Seeing none, no more online. 41 00:04:36,680 --> 00:04:36,860 All right. 42 00:04:37,020 --> 00:04:39,200 We will close item number three. 43 00:04:39,440 --> 00:04:40,880 Item number two, apologies. 44 00:04:40,880 --> 00:04:52,420 And we'll move on to, I'm number three, the consent agenda, 3.1, the Planning Commission meeting minutes from August 5th, 2026, and the, oh yeah. 45 00:04:53,680 --> 00:04:57,480 So, commissioners, any corrections to the August 5 minutes? 46 00:04:57,980 --> 00:04:59,960 Yes, section 9 for adjournment, it's set. 47 00:05:00,000 --> 00:05:07,700 Is that Commissioner Marshall made a motion and then was seconded by Commissioner Marshall? It's actually 48 00:05:07,700 --> 00:05:18,780 I seconded it. So you have him listed as both. So it was Marshall for motioning and then I seconded it. Thank you. 49 00:05:19,400 --> 00:05:27,480 Thank you, Commissioner. Commissioner Evans? Yes. I did find on the staff report, I did see that there was 50 00:05:27,480 --> 00:05:35,480 In correct city and I just wanted to make sure that that was noted that the planning it's state it's that the planning department of the city of Wildomar 51 00:05:36,760 --> 00:05:37,320 And 52 00:05:37,320 --> 00:05:39,200 Wanted to ensure that that was correct? 53 00:05:42,370 --> 00:05:43,610 Is that in the minutes? 54 00:05:43,970 --> 00:05:46,950 No, this was on the staff report the project applicant 55 00:05:48,610 --> 00:05:50,670 For item 4.1 56 00:05:53,710 --> 00:05:59,590 This was the staff report that came along with the planning commission meeting minutes 57 00:06:03,300 --> 00:06:04,180 Is 58 00:06:04,840 --> 00:06:10,380 that are also the minutes commission. I'm sorry. I'm not seeing that. Good commission. 59 00:06:12,960 --> 00:06:20,440 It's on the maybe I'm stepping here, but this is for September today's staff report. 60 00:06:21,060 --> 00:06:21,240 So. 61 00:06:21,240 --> 00:06:25,040 Yes, so we're talking about the August fifth minute meeting minutes. 62 00:06:25,040 --> 00:06:27,940 Okay, I did see cold citation. 63 00:06:28,720 --> 00:06:30,280 The staff report size government. 64 00:06:30,280 --> 00:06:38,460 co-section for 801 while the certification states that it was 40801 and I just wanted to see if 65 00:06:38,460 --> 00:06:41,340 that was a correct citation. 66 00:06:43,060 --> 00:06:45,480 Again, you talking about item 4.1? 67 00:06:45,800 --> 00:06:45,940 Yes. 68 00:06:46,300 --> 00:06:48,480 Okay, we can wait till we get to that item. 69 00:06:49,200 --> 00:06:49,280 Yes. 70 00:06:49,540 --> 00:06:54,520 So when we go through commission discussion, this is on the August, just on the August meeting 71 00:06:54,520 --> 00:06:56,120 minute from last month. 72 00:06:56,320 --> 00:06:56,480 Okay. 73 00:06:56,480 --> 00:06:59,300 Okay, this was, okay. 74 00:07:00,400 --> 00:07:08,000 I do, and there was one other thing that mentioned the data centers was a comment made by myself. 75 00:07:08,260 --> 00:07:13,940 They're left unfinished, and I'm not sure where the sentence was going, that we're in the minute. 76 00:07:14,140 --> 00:07:15,880 So if that can just be reconciled, 77 00:07:20,140 --> 00:07:23,800 the pronoun of those minutes with me, it's just from recollection. 78 00:07:29,770 --> 00:07:36,110 And I believe that should be towards the end of them, Mr. Rassie. 79 00:07:40,150 --> 00:07:44,150 I'm trying to find in the minutes where you made that comment commissioner. 80 00:07:47,390 --> 00:07:48,810 I think they're a correction to the record. 81 00:07:55,030 --> 00:07:56,590 Okay. Well, we'll take a look at that. 82 00:07:57,430 --> 00:08:03,850 Okay. Awesome. Commissioners, any other notes on the August fifth meeting minutes? 83 00:08:04,570 --> 00:08:05,250 No. 84 00:08:06,350 --> 00:08:06,450 No. 85 00:08:06,450 --> 00:08:06,890 All right. 86 00:08:07,670 --> 00:08:11,390 Would anyone like to make a motion with the corrections? 87 00:08:12,650 --> 00:08:16,730 I will motion to accept the meeting minutes from August with those adjustments. 88 00:08:17,310 --> 00:08:17,330 May. 89 00:08:19,550 --> 00:08:20,230 Can we get a second? 90 00:08:23,720 --> 00:08:25,320 I'll second that. 91 00:08:25,840 --> 00:08:26,140 All right. 92 00:08:26,240 --> 00:08:27,000 Roll call. 93 00:08:33,360 --> 00:08:34,440 Jerk Asturina. 94 00:08:35,160 --> 00:08:35,260 Hi. 95 00:08:36,980 --> 00:08:37,720 Commissioner Evans. 96 00:08:39,000 --> 00:08:40,240 Commissioner Light A&A. 97 00:08:41,480 --> 00:08:42,220 Commissioner Marshall. 98 00:08:42,860 --> 00:08:43,040 Yes. 99 00:08:43,040 --> 00:09:10,530 Commissioner Valdezary. Yes. Thank you. All right motion passes. You can submit accepted. Now let's move on to item number four public hearings 4.1 specific plan specific plan amendment number 26 to Ash 0 0 0 1 by NP banning industrial LLC for the sunset crossroads specific plan. 100 00:09:10,530 --> 00:09:11,910 Take it away. 101 00:09:12,170 --> 00:09:12,970 Mr. Secretary. 102 00:09:13,090 --> 00:09:17,870 Chair Castrana and fellow members of the Planning Commission, as you mentioned, item 4.1 103 00:09:17,870 --> 00:09:23,570 for specific climate amendment 26, dash triple 01, and amendment 2 sunset crossroads 104 00:09:23,570 --> 00:09:25,910 specific plan table 3-1. 105 00:09:26,910 --> 00:09:31,650 So the project before you as I just mentioned is an amendment to a focus amendment on table 3-1 106 00:09:32,230 --> 00:09:37,890 of the sunset crossroads specific plan to bribe it ice detention facilities and data centers 107 00:09:37,890 --> 00:09:42,510 and to limit battery energy storage systems, otherwise known as BES. 108 00:09:44,310 --> 00:09:50,130 Just some quick background, the Sunset Crossroads specific plan was approved by the City Council on March 10th, 109 00:09:50,130 --> 00:09:56,130 2026, approving a general plan amendment, zone change, ten of parcel map 3-8-118, 110 00:09:56,510 --> 00:09:59,630 and the development agreement and a certification of the project EIR. 111 00:10:00,140 --> 00:10:21,720 Council members, commissioners, and the general public express their concerns about the industrial buildings possibly being used as these ice detention facilities, data centers, and standalone battery energy storage systems, as these uses can't create significant land use in environmental impacts, and it's not a desirable use in the specific planned area. 112 00:10:23,070 --> 00:10:32,090 The project summary, the applicant MP banning industrial LLC, submitted a proposed amendment to table 3-1. 113 00:10:32,110 --> 00:10:37,210 It is exhibit A on attachment one, which is the resolution before you. 114 00:10:37,970 --> 00:10:44,110 Ice detention facilities and data centers are prohibited in the general commercial and industrial land use districts. 115 00:10:44,110 --> 00:10:51,370 The best systems are to be prohibited as a primary use, but will be allowed as ancillary energy storage, 116 00:10:51,930 --> 00:10:57,230 to exclusively serve a building specific energy needs when required by the California Building Code. 117 00:11:00,190 --> 00:11:04,570 Again, the detention facilities, data centers, and standalone alone, not alone. 118 00:11:04,990 --> 00:11:10,090 Best facilities are incompatible with other uses that are allowed in Table 3-1. 119 00:11:10,430 --> 00:11:14,730 These uses can impact the retail commercial and light industrial uses of the project area. 120 00:11:14,730 --> 00:11:21,010 They can result in significant local impacts and create new sense concerns within the specific 121 00:11:21,010 --> 00:11:25,230 plan area and surrounding neighborhoods, and the applicant is requesting the planning 122 00:11:25,230 --> 00:11:30,550 commission support to amend table 3-1 to provide these uses in the specific plan. 123 00:11:33,810 --> 00:11:38,310 So the applicant has submitted a risk letter, it's the attachment five to the staff report. 124 00:11:39,350 --> 00:11:43,410 They're recognizing the sunset crossroads specific plan approvals or subject to a local referendum 125 00:11:43,410 --> 00:11:49,670 vote at the November 3rd, 2026 General Election, the specific plan in this proposed amendment 126 00:11:49,670 --> 00:11:53,890 cannot be and will not be effective until the outcome of the referendum is determined. 127 00:11:55,650 --> 00:12:00,730 The Planning Commission Resolution before you, 2026-03, includes language to stay the 128 00:12:00,730 --> 00:12:05,450 effective date of the council's eventual council resolution until after the outcome of the election. 129 00:12:08,190 --> 00:12:14,150 The Environmental Determination, per the California Environmental Quality Act, staff is determined 130 00:12:14,150 --> 00:12:19,930 the project is exempt from further environmental review, per section 1, 5, 1, 8, 3 of the 131 00:12:19,930 --> 00:12:26,450 SQL guidelines, these proposed amendments to prohibit the ICE detention centers, data centers, 132 00:12:26,690 --> 00:12:30,550 and to limit best facilities are consistent with the general plan and since the crossroads, 133 00:12:31,350 --> 00:12:37,970 specific plan table 3-1 of permitted uses. They're prohibited in limited uses of the potential 134 00:12:37,970 --> 00:12:43,730 causing additional environmental impacts and nuisance concerns, and these uses are inconsistent 135 00:12:43,730 --> 00:12:49,050 as we've stated with the other permitted and conditionally permitted uses and table 3-1, 136 00:12:49,350 --> 00:12:54,070 which were reviewed in the Certified EIAR, and in notice of exemption will be filed for the project. 137 00:12:56,970 --> 00:13:03,170 This is some detail, apologize for the small font. The little more detail on the 138 00:13:03,170 --> 00:13:15,090 environment or the sequence exemption of 15183 specifically to subsection A, the projects that are 139 00:13:15,090 --> 00:13:21,670 the specific plan or general plan for which the NERR was certified, a public agency shall limit 140 00:13:21,670 --> 00:13:22,190 it. 141 00:13:22,310 --> 00:13:26,310 It's examination of the environmental effects that the agency determines. 142 00:13:28,090 --> 00:13:32,790 If they are peculiar to the project site or project location, if they were not analyzed 143 00:13:32,790 --> 00:13:39,170 as significant effects in a prior EIR, are potentially significant off-site impacts or community 144 00:13:39,170 --> 00:13:46,190 a commutative impact, not discussed in the prior EIR, or our previously identified significant 145 00:13:46,190 --> 00:13:51,230 impacts which were not known at the time the EIR was certified and that's subsection 146 00:13:51,230 --> 00:13:58,450 B. And then there's a couple of subsections and subsection D that should only apply 147 00:13:58,450 --> 00:14:03,390 to projects that meet the following conditions if it is consistent with a community plan or 148 00:14:03,390 --> 00:14:08,630 specific plan adopted with the general plan. Project is consistent with the zoning actions, 149 00:14:08,630 --> 00:14:13,570 specific plan action that was taken, where the project is located, and the project is consistent 150 00:14:13,570 --> 00:14:15,490 with the general plan of a local agency. 151 00:14:15,990 --> 00:14:19,510 Those are subsections D1A, 1B and 1C. 152 00:14:21,900 --> 00:14:27,040 The specific plan findings are four findings that are outlined in the staff report and the approval 153 00:14:27,040 --> 00:14:32,460 resolution that the specific plan amendment is consistent with the goals and policies of the general plan, 154 00:14:32,960 --> 00:14:36,540 would not be detrimental to the environment, to the public interest, health safety 155 00:14:36,540 --> 00:14:41,020 convenience or welfare of the city, this physically suitable for the requested land use 156 00:14:41,020 --> 00:14:46,240 designations and anticipated developments, and that the amendment shall ensure development 157 00:14:46,240 --> 00:14:50,460 of desirable character which will be compatible with the existing and proposed development 158 00:14:50,460 --> 00:14:55,480 in the surrounding neighborhood, and in this case the items are being prohibited or extremely 159 00:14:55,480 --> 00:14:57,300 limited in their allowance. 160 00:14:58,880 --> 00:14:59,940 So with that, staff. 161 00:15:00,000 --> 00:15:13,500 We recommend that the Planning Commission adopt resolution 2026-03, we're recommending to the City Council approval of specific plan amendment, PSV26-Triple01. 162 00:15:15,240 --> 00:15:23,620 That concludes our presentation. I'm available for any questions you may have, but I think we'll start with a comment from our city attorney that he wants to make regarding the project. 163 00:15:26,560 --> 00:15:37,500 Right, so I've been asked to comment on an issue that might raise some questions during the hearing and so I'd like to address that now. 164 00:15:37,800 --> 00:15:50,560 And that is the fact that there is a referendum pending relative to the ordinances that this specific plan is related to. 165 00:15:50,560 --> 00:16:19,140 So, this specific plan in question is not a direct subject of the referenda, and this amendment to this specific plan is permissible because it will only go into effect if the referendum approves the ordinances that it relates to. 166 00:16:19,140 --> 00:16:29,260 So, if the referendum vote is to not approve the ordinances, this specific plan 167 00:16:29,260 --> 00:16:31,860 amendment will never go into effect. 168 00:16:32,560 --> 00:16:40,000 So it's not going to create any kind of conflict or inconsistency with the current referendum. 169 00:16:41,760 --> 00:16:43,520 Is that what you had in mind? 170 00:16:43,660 --> 00:16:43,980 Yes. 171 00:16:44,360 --> 00:16:44,560 Okay. 172 00:16:44,700 --> 00:16:45,440 Thank you. 173 00:16:48,290 --> 00:16:52,190 So again, I'm available for any questions you may have before we open the public hearing. 174 00:16:54,330 --> 00:16:57,970 Does anybody our fellow commissioners, do we have any factual questions? 175 00:16:59,070 --> 00:17:02,730 We'll hold any opinions or robust discussion until after public hearing. 176 00:17:07,070 --> 00:17:09,290 I did have a few. 177 00:17:11,650 --> 00:17:13,350 Can we pull a table 3.1? 178 00:17:31,560 --> 00:17:32,120 Can you 179 00:17:36,600 --> 00:17:44,820 explain these changes in simple terms that we're reviewing right now? 180 00:17:44,820 --> 00:17:46,280 on the 3.1. 181 00:17:46,880 --> 00:17:52,020 Sure, and I'm going to go to the top just to give everybody a reference because the label is all the way up here. 182 00:17:52,240 --> 00:17:54,800 I apologize for going too far now. 183 00:17:55,300 --> 00:18:05,660 Okay, so exhibit A, which is attached to the resolution, is this table 3-1, which is in the sunset crossroads specific plan. 184 00:18:05,700 --> 00:18:11,600 And this is the list of permitted and conditionally permitted uses within the specific plan area. 185 00:18:11,600 --> 00:18:14,980 in the general commercial and industrial zone locations. 186 00:18:16,320 --> 00:18:20,280 And towards the bottom are the three uses that are in question this evening. 187 00:18:22,260 --> 00:18:24,300 I will start with the first one here. 188 00:18:25,200 --> 00:18:27,520 Battery energy storage systems. 189 00:18:29,260 --> 00:18:33,460 These are essentially the commercial or industrial versions of what you might do at your home, 190 00:18:33,680 --> 00:18:39,180 when you install solar panels on a roof and you have a whatever battery pack in your garage. 191 00:18:39,180 --> 00:18:41,640 That's the back of power if you ever was power. 192 00:18:42,680 --> 00:18:47,140 So at some point commercial use is going to be the norm. 193 00:18:47,320 --> 00:18:48,320 It isn't quite yet. 194 00:18:48,660 --> 00:18:49,720 There is in some areas. 195 00:18:50,240 --> 00:18:51,320 You ever look at aerial photos. 196 00:18:51,600 --> 00:18:54,160 You'll see industrial buildings. 197 00:18:54,500 --> 00:18:56,260 Their roofs are covered with the solar panels. 198 00:18:57,040 --> 00:19:00,780 In their either contributing to their building or to the grid in the area. 199 00:19:01,540 --> 00:19:07,380 So there may be a need for these buildings to have some smaller version of this. 200 00:19:07,380 --> 00:19:19,240 But the prohibition here is that in permit exclusively to serve the project energy use when required by the California building code. So a stand alone is not permitted in this case. 201 00:19:19,520 --> 00:19:33,320 So that's what the note is signifying here. And then the second item is the ice detention facilities. These weren't this was not a line item in this table before, but it has been added towards the bottom of page 3-14. 202 00:19:33,320 --> 00:19:38,620 and the acts indicate that it's prohibited in the general commercial and the industrial zones. 203 00:19:40,200 --> 00:19:48,320 And then the third item is data processing centers which was there before as a permitted use in industrial zone. 204 00:19:48,320 --> 00:19:49,200 It is now prohibited. 205 00:19:51,440 --> 00:19:57,980 And the note here states for everybody who's not able to read it there for purposes as a specific plan. 206 00:19:58,060 --> 00:19:59,960 Data processing center is defined. 207 00:20:00,000 --> 00:20:12,820 As a facility primarily used for the housing, processing and storage of computer servers, networking equipment, and associated infrastructure to support enterprise, cloud, or internet-based computing services. 208 00:20:14,500 --> 00:20:22,440 So this is essentially this exhibit is what is being reviewed this evening. The two prohibited items in limiting to the best systems. 209 00:20:26,500 --> 00:20:36,820 Mark, is there a reason that it's not allowed the systems, the backup systems are not allowed in the retail commercial? 210 00:20:38,680 --> 00:20:42,920 Seems like grocery stores should have a battery backup system. 211 00:20:42,980 --> 00:20:47,880 Typically, they are found in the industrial areas. If you look at the very dense industrial areas, 212 00:20:48,140 --> 00:20:52,980 like Ontario, Rancho Cogamanga, San Bernardino, Riverside County, ZSL, all that, 213 00:20:52,980 --> 00:20:57,320 You'll see they're mostly on those roofs. They are starting to show up on the larger 214 00:20:57,940 --> 00:21:00,440 commercial roofs, but it's not as prevalent and 215 00:21:02,540 --> 00:21:11,580 So I think the assumption here was that if a industrial building does utilize their roof space for something like this would be limited to that instead of a stand-alone 216 00:21:12,520 --> 00:21:19,580 Energy storage substation if you will is what we're prohibiting here. No, I understand a wondering though about the it's 217 00:21:20,860 --> 00:21:22,840 It's not permitted in 218 00:21:24,300 --> 00:21:29,600 The retail, Commissioner Marshall, if I could just add real quick, that was in the original 219 00:21:29,600 --> 00:21:30,460 specific plan. 220 00:21:30,460 --> 00:21:31,840 I was adopted by Council. 221 00:21:32,340 --> 00:21:38,120 It was never envisioned that a stand-alone battery energy storage facility to be in the 222 00:21:38,120 --> 00:21:39,040 commercial zones. 223 00:21:39,760 --> 00:21:41,660 There were only allowed in the industrial zones. 224 00:21:42,380 --> 00:21:49,980 Now those stand-alone facilities are being prohibited and the inscillary use of the systems 225 00:21:49,980 --> 00:21:54,080 are allowed in the industrial zone as a and solar use or secondary use. 226 00:21:54,720 --> 00:21:56,520 So it's not compatible in the commercial zone. 227 00:21:57,080 --> 00:22:00,100 They have these battery energy storage facilities. 228 00:22:00,500 --> 00:22:02,920 Some are 80 megawatts in size. 229 00:22:03,180 --> 00:22:04,780 It could take up 3, 4, 5 acres. 230 00:22:06,540 --> 00:22:08,060 So it just did not seem appropriate. 231 00:22:08,640 --> 00:22:12,040 When the original SP was prepared brought to commission and council. 232 00:22:12,260 --> 00:22:14,700 That's why there are an X and that's not being changed. 233 00:22:18,230 --> 00:22:22,150 And so I see, I think it's best, right? 234 00:22:22,810 --> 00:22:26,230 Yes. So the report says, best is incillary, 235 00:22:26,770 --> 00:22:28,930 meaning it's not the primary function, 236 00:22:29,170 --> 00:22:31,890 or use the array of the business. It's second, right, the business. 237 00:22:32,270 --> 00:22:35,750 But we have P, which is permitted by, right? 238 00:22:35,870 --> 00:22:36,430 Is that correct? 239 00:22:38,700 --> 00:22:43,380 The note is what determines that it's not primary, 240 00:22:43,700 --> 00:22:48,180 but if you're looking for more specificity, we can add. 241 00:22:48,940 --> 00:22:53,580 to the note. I ask because it should be then changed to A, right, and Celerina. 242 00:22:55,860 --> 00:23:03,880 I can't. We could do that as part of the action this evening. And I ask because a few of these 243 00:23:03,880 --> 00:23:12,420 things, depending if, you know, Mr. Bassie, oh, God. Yeah, we don't need to change that from P to A. 244 00:23:12,440 --> 00:23:17,240 It is permitted, but it's only permitted as the note says, as a secondary and Celerina, 245 00:23:17,240 --> 00:23:23,860 use to the primary building for industrial building. So I think we're good with the way it is. 246 00:23:24,580 --> 00:23:32,440 So I guess the only concern is if we, you know, you leave and we have another community development 247 00:23:32,440 --> 00:23:37,560 director come in and they read it differently. This will use it open for us. I guess the same line 248 00:23:37,560 --> 00:23:44,400 of reasoning comes into play with us not having definitions for the ice detention facilities or 249 00:23:47,340 --> 00:23:55,320 I think I can comment on that because I think it's actually clear if you look at the 250 00:23:55,320 --> 00:24:03,640 notes for battery energy storage system. It says P under industrial and then it says 251 00:24:03,640 --> 00:24:11,200 permitted exclusively to serve project energy use when required by California building code 252 00:24:11,200 --> 00:24:13,860 And then it says otherwise prohibited. 253 00:24:14,880 --> 00:24:16,680 So it's clear that it's prohibited. 254 00:24:18,520 --> 00:24:21,040 So unless required by the building code. 255 00:24:22,620 --> 00:24:22,980 Gajad. 256 00:24:23,900 --> 00:24:28,280 So for ice detention facilities and data centers, 257 00:24:29,240 --> 00:24:31,520 I'm wondering why we don't have definitions 258 00:24:31,520 --> 00:24:33,160 for either of those. 259 00:24:34,220 --> 00:24:35,860 Because the same line of reasoning, 260 00:24:36,140 --> 00:24:39,080 if Mr. Bassie leaves and we have a new person come in 261 00:24:39,080 --> 00:24:41,980 And they interpret this differently, 262 00:24:44,080 --> 00:24:47,180 something similar to a data center could be in play or 263 00:24:47,180 --> 00:24:48,800 similar to ICE detention facilities. 264 00:24:50,860 --> 00:24:54,400 I guess it's for council too. 265 00:24:55,200 --> 00:24:58,900 If we are zooming in on ICE detention facilities, for example. 266 00:25:00,000 --> 00:25:04,460 Would that potentially go against federal law? 267 00:25:05,880 --> 00:25:11,440 How do we make this more broad so we're more protected? 268 00:25:13,180 --> 00:25:20,800 Yeah, so I think it's pretty clear. It says immigration and custom enforcement, ice, detention facility. 269 00:25:20,800 --> 00:25:29,560 I can't think of a situation where there might be any confusion about what that means. 270 00:25:32,340 --> 00:25:36,500 And yeah, it seems clear to me to me. 271 00:25:37,720 --> 00:25:43,740 I would say with data centers, they use different terminology to describe similar things. 272 00:25:43,740 --> 00:25:59,180 And same with ICE attention, are we talking about detention centers in general, would we be okay with a typical detention center, not just an ICE detention facility? 273 00:26:01,620 --> 00:26:06,820 That's the my question, because it's very specific. 274 00:26:08,580 --> 00:26:25,380 Yeah, I think the applicant requested this specifically that they wanted ice detention facility and it would only apply to an ice detention facility, and that's what they requested. 275 00:26:26,680 --> 00:26:30,080 So that's what the application. Are we here in the applicant tonight? 276 00:26:30,420 --> 00:26:34,160 Yes, they're available. They don't have a formal presentation, but they'll be available for questions. 277 00:26:34,160 --> 00:26:39,340 I got you. Okay. Let's see. 278 00:26:43,540 --> 00:26:44,340 Go ahead, go, go, sure. 279 00:26:46,370 --> 00:26:49,250 My question is that I know this change 280 00:26:49,250 --> 00:26:56,010 is dependent on the referendum being voted in, but is there a scenario where if it does 281 00:26:56,010 --> 00:27:00,230 get voted in that this change doesn't happen? I believe the verbiogen here is that it automatically 282 00:27:00,230 --> 00:27:04,730 goes into effect 15 days after that would be a yes, but I just want to confirm that that is 283 00:27:04,730 --> 00:27:12,090 the case. The 15 days is the appeal period, so that's what we have on every approval, every project 284 00:27:12,090 --> 00:27:19,030 approval, so whatever date the certification is of that vote in November, so it would be from that 285 00:27:19,030 --> 00:27:24,450 date onward and I think some of the other approvals have a 30 day period, I think the ordinances are 286 00:27:24,450 --> 00:27:31,870 30 days, so there is kind of an unintended stagger of effective dates with all the approvals. Thank you. 287 00:27:33,950 --> 00:27:38,930 Going back to the best definition and I'm sorry, my notes are a bit 288 00:27:38,930 --> 00:27:45,930 jumbled here. But we are mentioning the California building code that it 289 00:27:45,930 --> 00:27:51,210 references. But I looked it up and I think it's actually the 290 00:27:51,210 --> 00:27:53,910 building, our California energy code that we're referencing. 291 00:27:54,790 --> 00:27:58,430 Energy code is one of the chapters of the building code. 292 00:27:58,430 --> 00:28:07,050 Title 24 parts six. They're all total 24 parts six. Yeah of 12 over 13 parts. Is the building code. 293 00:28:10,190 --> 00:28:18,490 Okay, and then we changed. I see we updated required or allowed. And we changed it to only required. 294 00:28:20,030 --> 00:28:24,890 You never know when the legislature is going to require similar energy systems like this 295 00:28:24,890 --> 00:28:30,330 like they do with not required, but allowing the rooftop solar that we have now, they 296 00:28:30,330 --> 00:28:33,230 may eventually work their way to commercial industrial buildings. 297 00:28:34,210 --> 00:28:34,670 I got so. 298 00:28:36,210 --> 00:28:37,590 I'm one of the positive, quick. 299 00:28:37,730 --> 00:28:38,150 I forgot. 300 00:28:38,990 --> 00:28:42,870 Commissioner, do you have anything, does this close for transparency, as far as according 301 00:28:42,870 --> 00:28:49,670 respondents is concerned with staff or the applicant. Any meeting? 302 00:28:50,310 --> 00:29:01,930 Okay. I did send in questions to Mr. Bassie on August 20th. I believe. Just to 303 00:29:02,850 --> 00:29:07,270 out to get clarification on some of these. It's one of them out there. 304 00:29:07,430 --> 00:29:08,310 Mr. Bassie did respond. 305 00:29:08,310 --> 00:29:14,690 or actually, it was a team last year's table responded with Mr. Bassie. 306 00:29:14,910 --> 00:29:16,950 So thank you both for that and appreciate it. 307 00:29:17,170 --> 00:29:24,710 And one of my questions was on the megawatts, the number 65 something that caught my attention. 308 00:29:25,230 --> 00:29:33,790 So in 2023, the EIR, the Environmental Impact Review, is it describes a 65 megawatts best 309 00:29:33,790 --> 00:29:42,270 use for electrical grid stability, but the September 2025 staff report calls it 65 megawatt per hours. 310 00:29:42,930 --> 00:29:47,630 MH and MW and MHW aren't interchangeable. 311 00:29:49,490 --> 00:29:55,170 So what was actually proposed both its MH output or my gosh, these letters. 312 00:29:55,670 --> 00:29:56,510 MW output. 313 00:29:57,190 --> 00:29:59,810 Yeah, so the megawatt measurement is a per hour. 314 00:30:00,000 --> 00:30:06,940 Measurement, whatever, it's outflow and flow. I'm not entirely certain on that. But I believe it was a combination of 315 00:30:06,940 --> 00:30:12,840 land uses that were assumed in the environmental review. They put together this list of permitted and 316 00:30:12,840 --> 00:30:19,020 conditionally permitted uses. And that was one that was discussed in there because probably because of the 317 00:30:19,020 --> 00:30:28,330 high energy use, so would be taken on by a system like that. I'm sure the developer could speak to 318 00:30:30,000 --> 00:30:32,780 how they came to 65. 319 00:30:33,620 --> 00:30:37,380 That, and probably it makes the uses to analyze 320 00:30:37,380 --> 00:30:41,420 probably a highest energy, water, or traffic, 321 00:30:41,660 --> 00:30:44,640 and other uses, in addition to the commercial industrial uses 322 00:30:44,640 --> 00:30:48,940 on the property to have a pretty good range of uses, 323 00:30:49,000 --> 00:30:52,920 analyzing that EIR should, any one of those items come in. 324 00:30:53,880 --> 00:30:56,640 So I know they're becoming a thing, both with utilities 325 00:30:56,640 --> 00:31:02,560 and private properties for these energy systems, so, but they could speak to it more and how they 326 00:31:03,160 --> 00:31:13,780 came to that size of 65 megawatts. Comission members? Jim. Yes, I did. I just wanted to make sure 327 00:31:13,780 --> 00:31:21,060 that under the data centers. I do see that it's specifically prohibited, but I just wanted to ensure 328 00:31:21,060 --> 00:31:27,600 that the definition covered all things that could be under another name, like, you know, server farms, 329 00:31:27,600 --> 00:31:35,040 those types of things AI, computing facilities, those types of things. I want to just ensure that 330 00:31:35,040 --> 00:31:41,620 that definition is explicit in it covers anything that can fall under that umbrella under another name. 331 00:31:42,080 --> 00:31:48,540 So there is the definition, but one thing that's not here, we could write a description that's endless, 332 00:31:49,080 --> 00:31:56,180 but with any commercial or industrial society requires what's called a certificate of occupancy inspection before anything could go in there. 333 00:31:56,180 --> 00:32:03,760 that's both what a business that occupies the space, the electrical, gets reviewed and approved, 334 00:32:05,180 --> 00:32:09,260 signs, everything else about someone occupying that space, whether it's an unmanned data 335 00:32:09,260 --> 00:32:15,400 center or a robust office space. So someone would have to go through that process and it would 336 00:32:15,400 --> 00:32:20,680 be held up there when we checked against the permitted land use as table, whether it's here in 337 00:32:20,680 --> 00:32:23,880 specific plan or in the city-wide zoning code. 338 00:32:24,640 --> 00:32:29,840 So there is one more hurdle that's not necessarily discussed here, but is a step in the process 339 00:32:29,840 --> 00:32:34,020 for anybody who wants to occupy any commercial or industrial building in the city. 340 00:32:34,600 --> 00:32:39,700 Okay, and then that's the same thing, same thing I wanted to ask about the detention facilities 341 00:32:39,700 --> 00:32:45,420 just to ensure that there was no contractor operating facilities that can go under another 342 00:32:45,420 --> 00:32:51,840 they would have to come before planning commission in council for that kind of use anyways. 343 00:32:52,940 --> 00:32:54,140 Thank you. 344 00:32:54,560 --> 00:33:00,900 And would we be able to update these definitions to include some of the commissionaries? 345 00:33:01,180 --> 00:33:06,120 I don't recall a formal definition section in this specific plan like we do in our zoning code. 346 00:33:07,200 --> 00:33:14,560 So if anything, it would be the note section that would further define or limit or constrain the land use. 347 00:33:15,400 --> 00:33:18,660 So, but at the end of this, we would be able to add that in potentially. 348 00:33:19,160 --> 00:33:24,580 You could put in any recommendation to the council and figure out final language to make sure 349 00:33:24,580 --> 00:33:27,280 it's probably a bit of the way everybody's wanting it to. 350 00:33:27,680 --> 00:33:35,080 And full disclosure for the audience, we aren't enacting these into the specific plan. 351 00:33:35,140 --> 00:33:40,700 That's the duty of the city council. We're slowly making recommendations. 352 00:33:42,800 --> 00:33:49,740 Okay, so if this amendment takes effect, will these restrictions bind every current in future 353 00:33:49,740 --> 00:33:54,040 property owner unless the city leader approves another public amendment? 354 00:33:54,800 --> 00:33:55,120 That's correct. 355 00:33:55,220 --> 00:33:57,760 There are runs with the land, not the ownership. 356 00:34:05,000 --> 00:34:08,560 Does it limit this amendment or future amendments in any way? 357 00:34:09,820 --> 00:34:14,420 No, it's very focused on these three specific uses, so any other proposed changes 358 00:34:14,420 --> 00:34:17,080 would have to go through a similar process. 359 00:34:17,980 --> 00:34:21,720 Council, can you, is there any additions to that? 360 00:34:24,880 --> 00:34:26,220 Can you restate the question? 361 00:34:26,800 --> 00:34:26,940 Sure. 362 00:34:27,660 --> 00:34:30,080 The development agreement grants vested development rights. 363 00:34:30,320 --> 00:34:33,160 Does it limit the amendment or future amendments in any way? 364 00:34:34,220 --> 00:34:35,340 If you can explain that. 365 00:34:35,340 --> 00:34:37,520 So you're asking about the development agreement now? 366 00:34:38,480 --> 00:34:41,580 Yeah, amendments to the development agreement itself 367 00:34:41,580 --> 00:34:43,880 have to be approved by an ordinance. 368 00:34:43,880 --> 00:34:52,100 So I'm not sure why we're talking about amendments to the development agreement because this is an amendment to a specific plan 369 00:34:52,100 --> 00:34:58,100 but that's a little bit different. Those amendments are more detail. 370 00:34:59,040 --> 00:34:59,900 Got it. Okay. 371 00:35:00,300 --> 00:35:02,000 Thank you. 372 00:35:05,540 --> 00:35:12,320 And then if, again, if we move forward with an amendment, when would this legally be able to be sent in place? 373 00:35:13,580 --> 00:35:19,300 So, the council meeting, which would be the next meeting I would hear this, would be October 32. 374 00:35:20,000 --> 00:35:29,860 Yeah, a little more a month from now, because there's a noticing period in all that, and then their action would not take effect until after the certification of the election, 375 00:35:29,860 --> 00:35:38,640 which is usually end of November, so effective dates would be mid, late, December, should everything be approved. 376 00:35:40,000 --> 00:35:47,380 And then, uh, Sequa, can you explain, again simply, why no additional study was needed? 377 00:35:48,180 --> 00:36:08,380 So 1, 5, 1, 8, 3, as I outlined before, is whenever something is, whenever a project has a certified EIR and a subsequent proposal comes in that is either equal to or less than the impact that was reviewed, that 1, 5, 1, 8, 3 would apply. 378 00:36:08,380 --> 00:36:22,300 So, that makes it exempt from any further additional review, and in this case, since we're prohibiting or further eliminating the land use is there that is considered lessening the impact to the project area in the surrounding area. 379 00:36:25,370 --> 00:36:26,350 Okay, thank you, Mr. Staples. 380 00:36:28,390 --> 00:36:32,130 And when is it appropriate to ask the applicant, when you're done with me? 381 00:36:33,090 --> 00:36:35,450 Any other questions for Mr. Staples? 382 00:36:36,070 --> 00:36:36,510 Or staff? 383 00:36:37,970 --> 00:36:38,070 No. 384 00:36:38,750 --> 00:36:39,150 All right. 385 00:36:39,150 --> 00:36:47,900 Thank you Mr. Sabels and Mr. Shrank with N.P. or Morris Point is here. 386 00:36:54,340 --> 00:36:55,620 Thank you for being here Mr. Shrank. 387 00:36:57,200 --> 00:36:57,980 Mr. Shrank? 388 00:36:58,200 --> 00:36:58,920 Mr. Shrank. 389 00:36:59,500 --> 00:37:00,400 Thank you Mr. Shrank. 390 00:37:01,080 --> 00:37:02,060 From North Point. 391 00:37:02,900 --> 00:37:05,160 Do you have a presentation for us this evening? 392 00:37:06,020 --> 00:37:06,100 Okay. 393 00:37:06,340 --> 00:37:09,800 Commissioners, do you have any questions for the applicant at all? 394 00:37:09,960 --> 00:37:10,980 I do not. 395 00:37:11,760 --> 00:37:11,980 Okay. 396 00:37:12,120 --> 00:37:13,480 I just had one. 397 00:37:13,480 --> 00:37:26,620 So exhibit a, does it accurately express your intent to prohibit a standalone best and allow only an onsite system serving another permitted use when required by state code? 398 00:37:28,680 --> 00:37:37,460 Are you retaining any right to build the 65 megawatt or 65 megawatt per hours standalone best previously described in the project materials? 399 00:37:39,480 --> 00:37:43,820 We are not reserved in the right to do a stand-alone best 65 megawatts or otherwise. 400 00:37:44,940 --> 00:37:45,040 All right. 401 00:37:45,560 --> 00:37:46,620 Thank you. 402 00:37:50,640 --> 00:37:56,820 And because this is a public hearing, folks have five minutes for this. 403 00:37:57,100 --> 00:37:57,380 That's correct. 404 00:37:59,250 --> 00:37:59,650 Three? 405 00:38:04,260 --> 00:38:07,020 Can we just double check that just to make sure? 406 00:38:07,980 --> 00:38:08,640 Yes, five. 407 00:38:09,400 --> 00:38:09,800 It is five. 408 00:38:10,600 --> 00:38:11,380 Thank you, Mr. Staples. 409 00:38:12,440 --> 00:38:12,740 All right. 410 00:38:13,180 --> 00:38:16,260 Time for our lovely public comment. 411 00:38:16,260 --> 00:38:23,480 Thank you all for being here tonight. You will have five minutes? Well, wait a minute. I think is this a public hearing? 412 00:38:23,900 --> 00:38:30,300 Yes, so you want to open the public hearing, right? Is that what you're planning on doing at this point? Yes. 413 00:38:30,980 --> 00:38:36,920 So you want to say that you're opening the public hearing and announce the time? Okay. 414 00:38:36,920 --> 00:38:52,220 So I will now open the public hearing at 6.11 PM and members from the public in the room and on zoom each will have five minutes. 415 00:38:52,640 --> 00:38:57,960 Speaking of time may not be transferred, you may state your name, but it is not required. 416 00:39:01,380 --> 00:39:02,480 So I'm on the clock now. 417 00:39:03,540 --> 00:39:04,320 You're on the clock. 418 00:39:04,320 --> 00:39:13,260 Richard McCard, resident of Banyng, regarding our Banyng Planning Commission meeting this evening. 419 00:39:14,260 --> 00:39:21,740 This hearing of the Banyng Planning Commission is to consider amendments as you've already heard to the Sunset Crossroads Pacific Plan. 420 00:39:22,900 --> 00:39:27,580 Let it be known that the Sunset Crossroads Pacific Plan and I know this has come up already, 421 00:39:27,580 --> 00:39:31,520 as never gone into effect and is not now an effect. 422 00:39:32,340 --> 00:39:36,320 There is a resolution for the City Council specifically requiring that 423 00:39:36,320 --> 00:39:39,360 ordinance 1620 if I have these numbers correct. 424 00:39:40,220 --> 00:39:45,140 The sunset crossroads development agreement needs to go into effect first, 425 00:39:45,140 --> 00:39:48,280 which has to do with the election coming up. 426 00:39:48,640 --> 00:39:51,800 Or then 1620 will be measured W on the ballot. 427 00:39:53,760 --> 00:39:57,560 Now, furthermore, the specific plan will only go into effect if and 428 00:39:57,560 --> 00:39:58,880 in the ordinance passes. 429 00:40:00,400 --> 00:40:07,060 Now, a question comes to mind, how can a city amend a specific plan before the specific plan takes effect? 430 00:40:07,460 --> 00:40:14,000 And I think as sort of a catch 22, what sort of defense depends on your view of when it is put into effect. 431 00:40:14,300 --> 00:40:21,660 Legally, as we all agree, it's not until after a successful for the applicant, a ballot. 432 00:40:22,460 --> 00:40:26,880 I do want to, however, go into some of the election implications of this. 433 00:40:27,900 --> 00:40:30,740 I'll spend a little time about half my time on this. 434 00:40:31,420 --> 00:40:35,500 There is a date in October, October 13th for consideration. 435 00:40:36,180 --> 00:40:39,840 If further this recommendation for the City Council from the Planning Commission 436 00:40:41,300 --> 00:40:44,860 is to be a pre by the City Council. 437 00:40:45,100 --> 00:40:49,200 That's when I best understand what this meeting is going to be. 438 00:40:49,200 --> 00:40:57,720 By the time the City Council acts on this recommendation by the Planning Commission, there will be considerably less than three weeks prior to the election. 439 00:40:59,060 --> 00:41:06,980 If the City Council modifies our only promises to modify the City Plan, a specific plan. 440 00:41:07,440 --> 00:41:15,660 By that time voters will already have received their ballots receiving arguments therein, which then must be made available to the voter. 441 00:41:16,440 --> 00:41:25,580 This will lead to confusion, at least, and likely unlawful information regarding the occurrence of an ordinance wording for 1620. 442 00:41:26,740 --> 00:41:33,660 So all I'm really doing there is that there are potential pitfalls that could impact the way the election proceeds. 443 00:41:34,340 --> 00:41:39,840 If one of the parties to the election says, well this isn't in there yet, but it will be. 444 00:41:40,240 --> 00:41:42,460 You know, that already takes the election. 445 00:41:43,780 --> 00:41:50,920 I'm not saying this will happen, but the developer, knowing that there is really nothing 446 00:41:50,920 --> 00:41:57,800 formally there yet for this to attach to, after the election is presumably one by 447 00:41:57,800 --> 00:42:05,000 then, let's say, and they've already agreed to promise to be faithful to what is agreed to here, 448 00:42:05,040 --> 00:42:11,020 but there's really no guardrail for that. Nothing to keep from the saying, well, this isn't in 449 00:42:11,020 --> 00:42:17,100 The agreement yet, and we can just pretend it's not there and go ahead, so something like that, 450 00:42:17,660 --> 00:42:18,740 it could be a problem. 451 00:42:19,600 --> 00:42:25,040 Now, so we have a couple of problems with perception, 452 00:42:25,400 --> 00:42:29,500 and everything that I'm going in this part of my presentation says, 453 00:42:29,520 --> 00:42:38,440 the election, if it's surled by advertisements promoting something that will come after the fact, 454 00:42:38,440 --> 00:42:47,380 That violates both the spirit and the letter of a referendum that will lead to perhaps swaying 455 00:42:47,380 --> 00:42:52,480 the votes away from what it would be under the law, which is election code 1941. 456 00:42:54,560 --> 00:42:59,040 So if this happens, then a lot of people could be a legal jeopardy. 457 00:42:59,040 --> 00:43:09,680 So, I personally think it's really kind of shaky to be doing all of this in public. 458 00:43:09,800 --> 00:43:16,460 These are public meetings, so that voters will have a conception which is not what we are voting on in a 459 00:43:16,460 --> 00:43:21,340 coordinates with a referendum that I reject that very strenuously. 460 00:43:30,650 --> 00:43:31,690 Thank you, Mr. McCart. 461 00:43:41,930 --> 00:43:43,010 Good evening, commissioners. 462 00:43:43,190 --> 00:43:45,790 My name is Marcos Santana and I'm a lifelong banding resident. 463 00:43:45,790 --> 00:43:50,390 I want to start by saying that I think this amendment is moving the conversation in the right direction. 464 00:43:51,150 --> 00:43:59,430 Questions about ICE detention facilities, data centers, and standalone battery storage are exactly the kinds of issues we should be discussing clearly in publicly before projects move forward. 465 00:44:00,850 --> 00:44:04,470 I also appreciate that the communities concerns are actually being taken seriously. 466 00:44:05,310 --> 00:44:14,430 At the same time, many residents are concerned that these changes could make a massive warehouse project seem more acceptable without addressing the larger concerns about the project itself. 467 00:44:14,430 --> 00:44:20,250 that concern is understandable and we should not suggest that these amendments solve all the issues 468 00:44:20,250 --> 00:44:24,850 residents have. There are several points that need to be clear, especially because these labels 469 00:44:24,850 --> 00:44:31,130 could be applied for future projects down the road. First, what exactly counts as a data center? If 470 00:44:31,130 --> 00:44:35,370 these facilities are prohibited, the language should be specific enough to prevent a future developer 471 00:44:35,370 --> 00:44:40,570 from simply using a different name to get around the rule. If a server farm, a data center, 472 00:44:40,570 --> 00:44:43,050 or another name is utilized to describe a similar use, 473 00:44:43,510 --> 00:44:45,290 then there should be a defined set of criteria 474 00:44:45,290 --> 00:44:47,710 outlining the facility's primary function. 475 00:44:48,290 --> 00:44:50,110 The type of amount of equipment it contains 476 00:44:50,110 --> 00:44:53,770 is energy demand, its cooling systems, its physical state, 477 00:44:53,930 --> 00:44:56,030 and ways it processes stores and transfers data. 478 00:44:56,570 --> 00:44:58,930 That ordinance should focus on the actual characteristics 479 00:44:58,930 --> 00:44:59,970 and impacts of the system. 480 00:45:00,000 --> 00:45:21,220 Sociality, rather than the label used by the applicant. The same principle should apply if a project is described as a technology facility, a cloud computing facility, telecommunications facility, digital infrastructure facility, so on and so forth. The city should have clear objective standards for determining which, whether proposed project falls into the prohibited category. 481 00:45:21,980 --> 00:45:26,160 Second, the amendment should clearly explain what types of facilities and equipment are covered 482 00:45:26,160 --> 00:45:30,320 by the ban on stand-alone battery storage, common furniture of the best, of course. 483 00:45:31,020 --> 00:45:34,700 A developer should not be able to describe the battery energy storage facility as part of 484 00:45:34,700 --> 00:45:36,660 another use just to avoid the restriction. 485 00:45:37,260 --> 00:45:41,500 The rules should be based on what the facility actually does and how large it is not just 486 00:45:41,500 --> 00:45:43,380 on what it's called on an application. 487 00:45:44,200 --> 00:45:46,220 So I think of the term, andcillary. 488 00:45:46,220 --> 00:45:54,100 If battery storage is allowed as part of another industrial project, the ordinance should explain what counts as a truly secondary use. 489 00:45:54,660 --> 00:45:59,700 What really in really be a larger separate battery facility storage? 490 00:46:00,540 --> 00:46:05,560 Without clear definitions and enforceable rules, the ban could be weakened by changing the project's description. 491 00:46:06,980 --> 00:46:09,660 The labels used by the facilities matter as well. 492 00:46:12,080 --> 00:46:16,600 Whether a project is called a data center, a server farm, a best, a standalone battery storage, 493 00:46:16,820 --> 00:46:20,940 an ancillary storage, or whatever else, the ordinance should regulate the actual use, 494 00:46:21,180 --> 00:46:25,480 the equipment, the scale, and impacts of the facility. Clear definitions are necessary 495 00:46:25,480 --> 00:46:30,160 so that change in terminology does not create a loophole. Either for this project or future projects 496 00:46:30,160 --> 00:46:35,720 down the road. Even with all these changes, the larger concerns about sunset crossroads remain. 497 00:46:35,720 --> 00:46:42,960 Resons are still asking about truck traffic, air pollution, impacts on our roads, water, electricity use, 498 00:46:43,080 --> 00:46:46,800 and the types of put jobs that this project would actually bring to banning. 499 00:46:47,400 --> 00:46:51,140 Will the project actually bring in enough money for the city to handle the added demands? 500 00:46:51,260 --> 00:46:59,080 It takes on our roads for utilities, our public services, the extra increase on our taxpayer dollars to facilitate this construction. 501 00:47:00,800 --> 00:47:05,060 I appreciate that the residents concerns are actually being heard on these three issues. 502 00:47:05,060 --> 00:47:09,920 And I do support strengthening these protections, but as we consider this amendment, we should 503 00:47:09,920 --> 00:47:11,260 remember what's at stake. 504 00:47:11,880 --> 00:47:16,920 The decision is about making sure that the terms that we use, including the Ancillary 505 00:47:16,920 --> 00:47:21,720 Use, are clearly defined and cannot be used to avoid the attempt of the ordinance, either 506 00:47:21,720 --> 00:47:22,980 now or in future projects. 507 00:47:23,560 --> 00:47:28,120 It's about what our project of this scale will bring actual good jobs to local residents, protect 508 00:47:28,120 --> 00:47:33,800 our residents from added traffic, provide enough revenue for the demand it creates, and actual 509 00:47:33,800 --> 00:47:34,600 community benefits. 510 00:47:35,320 --> 00:47:43,400 So, those definitions, protections and commitments should be clear before we treat this project as acceptable, thank you. 511 00:47:43,740 --> 00:47:44,480 Thank you. 512 00:48:05,820 --> 00:48:06,180 Good evening. 513 00:48:07,020 --> 00:48:08,660 I have no problem mentioning my name. 514 00:48:08,840 --> 00:48:09,720 It's Kathy Aranda. 515 00:48:13,560 --> 00:48:15,700 I'm glad I have the opportunity to speak tonight. 516 00:48:16,360 --> 00:48:18,480 And I want to mention something before I start. 517 00:48:18,940 --> 00:48:21,120 I want to mention the California Constitution. 518 00:48:22,400 --> 00:48:26,440 California courts have said that the power of referendum must be 519 00:48:26,440 --> 00:48:31,800 jellously guarded. Are we doing that tonight by even bringing this 520 00:48:31,800 --> 00:48:35,680 before the planning commission to give a recommendation to our city council? 521 00:48:36,700 --> 00:48:41,460 I do not think we are jellously guarding the constitution of California. 522 00:48:43,420 --> 00:48:47,600 That being said, the power of the referendum is protected. 523 00:48:49,360 --> 00:48:55,580 It's one of the few tools ordinary citizens have to challenge an action of their government. 524 00:48:56,000 --> 00:49:02,660 Few, we have so few ability to fight $20 billion worth point. 525 00:49:03,500 --> 00:49:04,800 This is all we have. 526 00:49:08,160 --> 00:49:09,480 So that matters tonight. 527 00:49:10,980 --> 00:49:12,540 North Point through N.P. 528 00:49:12,600 --> 00:49:16,280 Banning Industrial LLC is a developer of sunset crossroads. 529 00:49:16,960 --> 00:49:20,480 North Point already showed Banning what it wanted. 530 00:49:20,480 --> 00:49:27,920 they've already showed us. It's this in a secret. And it's data centers, data storage, 531 00:49:28,280 --> 00:49:34,120 best in other controversial, controversial uses. These uses are not just a peer in this specific 532 00:49:34,120 --> 00:49:41,280 plan by accident. They were intentionally included in the Table 3-1 as permitted uses. 533 00:49:41,860 --> 00:49:48,840 North Point brought that specific plan to banning. That's what they did. The City Council approved 534 00:49:48,840 --> 00:49:54,680 forward to one with all those uses in there, the additional uses, that's what they did, that's what happened. 535 00:49:58,280 --> 00:49:59,980 The planning commission at the time had even written. 536 00:50:01,400 --> 00:50:06,920 And even thought, well, let's bring it back to the Planning Commission. We have issues to discuss. 537 00:50:08,500 --> 00:50:15,980 City Council said no. So that's why we have a referendum. That should be jealousy guarded. 538 00:50:16,660 --> 00:50:21,760 And what we're doing here tonight is not in the spirit of what the California Constitution says. 539 00:50:22,900 --> 00:50:23,560 So, 540 00:50:27,410 --> 00:50:32,030 now those very same uses have become politically damaging to sunset crossroads. 541 00:50:32,890 --> 00:50:35,570 Suddenly, North Point wants to remove them. 542 00:50:36,310 --> 00:50:37,130 Pray tell. 543 00:50:38,650 --> 00:50:39,670 So, why now? 544 00:50:40,190 --> 00:50:43,510 This appears to be a political damage control before an election. 545 00:50:44,510 --> 00:50:49,710 It looks like an attempt to manipulate how voters see this project before they cast their ballots. 546 00:50:49,710 --> 00:50:57,130 In a fair answer, in other words, change the words, change the presentation, make the project easier to sell to the voters. 547 00:50:57,670 --> 00:51:00,890 That's what we're doing here tonight. Just so we're all clear. 548 00:51:02,990 --> 00:51:05,550 The city should not participate in that. 549 00:51:06,250 --> 00:51:12,090 The voters deserve to judge sunset crowdsroads based on what North Point originally brought to Bany, 550 00:51:12,630 --> 00:51:17,210 not a politically repackaged version that presented weeks before an election. 551 00:51:17,210 --> 00:51:25,670 North Point Records Matter and Falls Township, Pennsylvania officials voted 3-1 to deny 552 00:51:25,670 --> 00:51:27,610 North Point's rezoning request. 553 00:51:28,210 --> 00:51:32,730 North Point later received approvals for their warehouse as in distribution centers. 554 00:51:33,310 --> 00:51:38,850 Major portions of that project were later changed to data centers later after the fact. 555 00:51:39,870 --> 00:51:41,170 They changed it. 556 00:51:41,170 --> 00:51:48,050 And Hazelton Township officials deny North Point's Project Hazelton or Hazelnet, excuse me. 557 00:51:48,430 --> 00:51:51,970 North Point sued asking Court to overturn that denial. 558 00:51:53,430 --> 00:51:55,690 Wow, there were all team players, aren't they? 559 00:51:56,350 --> 00:51:57,530 Look at Julia Delanoi. 560 00:51:58,610 --> 00:52:03,070 North Point's massive warehouse project became the subject of the years of litigation. 561 00:52:04,650 --> 00:52:05,410 That's happened. 562 00:52:05,410 --> 00:52:12,270 Now, look at California, North Point pursued opportunities in Sacramento, Oakley and Modesto, 563 00:52:12,930 --> 00:52:18,430 and Modesto, a council member Chris Richie publicly stated, North Point was lobbying 564 00:52:18,430 --> 00:52:20,770 council members about data centers. 565 00:52:23,210 --> 00:52:23,810 That's. 566 00:52:24,530 --> 00:52:28,090 So, when North Point asked Banning to remove data centers from this plan, 567 00:52:28,410 --> 00:52:30,250 its actions elsewhere matter. 568 00:52:31,970 --> 00:52:36,630 Changing these uses to prohibit today does not make that permanent. 569 00:52:36,630 --> 00:52:42,050 table three one can be amended again. As Maya Angelos said, when someone 570 00:52:42,050 --> 00:52:47,830 shows you who they are, believe them the first time. North Point already showed 571 00:52:47,830 --> 00:52:53,750 us, there is another serious question the city needs to answer. Resolution 2026-29 572 00:52:53,750 --> 00:52:57,570 says the resolution of proving the sunset crossroads specific plan becomes 573 00:52:57,570 --> 00:53:04,330 effective only when orange at 1620 becomes effective. So if 1620 is not 574 00:53:04,330 --> 00:53:07,570 become effective, tonight's own staff report acknowledges 575 00:53:07,570 --> 00:53:12,070 that I'm so, okay, well, thank you, I appreciate it. 576 00:53:12,210 --> 00:53:14,890 And I hope you understand the spirit of what this is brought forward. 577 00:53:17,580 --> 00:53:18,700 I'm really quick. 578 00:53:19,140 --> 00:53:22,600 We can ask factual follow-up questions of the speakers. 579 00:53:23,000 --> 00:53:23,500 That's correct, 580 00:53:25,920 --> 00:53:25,920 right? 581 00:53:26,320 --> 00:53:27,240 During a public hearing. 582 00:53:29,910 --> 00:53:34,850 You're asking if, what, can you, if we can ask commissioners? 583 00:53:35,030 --> 00:53:36,610 We, we can ask commissioners. 584 00:53:36,990 --> 00:53:45,210 can ask a factual follow-up question, but the speaker says something we want to get a 585 00:53:45,210 --> 00:53:50,510 fact straight, to understand what they said, a clarifying question. 586 00:53:52,910 --> 00:53:53,470 Well, I see Mr. 587 00:53:53,550 --> 00:53:59,350 Marshall shaking his head. I don't think I've been asked that question before I 588 00:53:59,350 --> 00:54:06,210 think that, you know, when somebody comes up to make public comment, it's just that 589 00:54:06,210 --> 00:54:09,610 they're giving comment, it's not intended to be a discourse. 590 00:54:11,130 --> 00:54:14,710 And if it does become a discourse, the meeting can quickly 591 00:54:15,570 --> 00:54:21,390 devolve into something that is not capable of being controlled. 592 00:54:22,410 --> 00:54:25,050 So without having the opportunity to research it further, 593 00:54:25,190 --> 00:54:28,390 I would recommend against that. 594 00:54:29,610 --> 00:54:32,630 Can we take a quick recess, so you can research it really quick? 595 00:54:32,630 --> 00:54:36,270 This is a, I'm not going to be able to answer the question in a recess. 596 00:54:37,090 --> 00:54:40,450 I've given the best opinion that I can under the circumstances. 597 00:54:42,310 --> 00:54:42,450 Okay. 598 00:54:43,450 --> 00:54:44,450 We'll go with that. 599 00:54:44,650 --> 00:54:44,850 Okay. 600 00:54:44,970 --> 00:54:46,070 Thank you, Councilor. 601 00:54:46,770 --> 00:54:47,410 Thank you, Speaker. 602 00:54:48,790 --> 00:54:49,710 Missed on that. 603 00:54:52,180 --> 00:54:52,920 Let's carry on. 604 00:55:00,180 --> 00:55:08,980 My name is Lynne Ahaigan and I just, my end of town, received this propaganda ad in the mail this week. 605 00:55:10,120 --> 00:55:29,520 And in it, it states that, new shopping and dining options, this could happen without having to have warehouses, questionable 3,700 jobs, 35 million in transportation improvements, 98 acres of parks and open space, 606 00:55:29,520 --> 00:55:32,980 and a new fire station, which is not true. 607 00:55:33,460 --> 00:55:35,760 They were going to set some land aside, 608 00:55:36,020 --> 00:55:38,880 but it's up to banning to build the fire station. 609 00:55:39,920 --> 00:55:43,820 Also, no mention about the 5.5 billion 610 00:55:43,820 --> 00:55:47,100 eight square feet of warehouses that are going to be there. 611 00:55:47,700 --> 00:55:51,180 And in the back, it says the ad was paid for 612 00:55:51,180 --> 00:55:57,320 by residents supporting the measure UVW, four sams, 613 00:55:57,320 --> 00:56:04,940 and improve city services, a coalition of local businesses, consumers, and North Point development. 614 00:56:05,660 --> 00:56:13,000 And I'm sure they probably only gave a dollar and it said the ad committee fund top funders is North Point development. 615 00:56:15,120 --> 00:56:16,480 Thank you. 616 00:56:16,700 --> 00:56:17,640 Thank you, Ms. Sagan. 617 00:56:29,370 --> 00:56:31,490 Yes, hello, commission and staff. 618 00:56:32,050 --> 00:56:32,910 My name is Bob Lobby. 619 00:56:33,990 --> 00:56:40,470 I have one question about the table 3.1, this may just be a housekeeping issue, but if 620 00:56:40,470 --> 00:56:50,010 you do go to the location just above the ice facility, that was the one about cold storage. 621 00:56:51,090 --> 00:56:56,130 I thought at one time cold storage was eliminated from the entire process, currently marked 622 00:56:56,130 --> 00:57:04,010 here as permitted, we can discuss that later and see if that's, you know, I'm Ron or it just 623 00:57:04,010 --> 00:57:09,090 has never been changed from the last provision. And I mainly just do this because I hate 624 00:57:09,090 --> 00:57:15,770 to have this go through and then have it kick back at full council. That would delay the whole 625 00:57:15,770 --> 00:57:20,330 process. Thank you much. Thank you. 626 00:57:47,040 --> 00:57:52,460 Good evening, commissioners. My name is Kathleen Dale. I'm a resident of banning. I'm 627 00:57:52,460 --> 00:57:57,380 retired planner and environmental consultant and I was the chair of the Planning Commission 628 00:57:57,380 --> 00:58:01,360 when the Planning Commission recommended that since that crossroads not be approved. 629 00:58:02,640 --> 00:58:08,340 And as you've already heard, the simple fact is there is not a specific plan to amend at this 630 00:58:08,340 --> 00:58:14,600 juncture and this is evident if you just look at the plain language of resolution 202629. 631 00:58:14,600 --> 00:58:26,520 If you understand that ordinance is 1618, 1619 and 1620 are suspended, and if you also consider the provisions of government code section 66300. 632 00:58:27,960 --> 00:58:33,840 And so I'll just read for you quickly what resolution 202629 says. 633 00:58:34,060 --> 00:58:40,440 The approval section says that the general plan amendment and the specific plan are hereby being approved. 634 00:58:41,240 --> 00:58:59,100 The effectiveness section says the resolution becomes effective with ordinance 1620, not the specific plan, not the general plan amendment, the resolution, the resolution adopts those two actions and as the resolution is not affected, those two actions are not adopted. 635 00:59:02,100 --> 00:59:28,440 There's also a question about the effect of ordinance 1619 being suspended because that is the action that does the residential zoning density offset that's required for the rezoning to industrial on the development site that ordinance is suspended and according to government code section 66300 since that offset has not been done that zoning is null and void. 636 00:59:29,600 --> 00:59:41,080 I think you need to look at what you're being asked to do tonight as kind of similar to if you had a zoning request for you for a zoning action that wasn't consistent with the general plan. 637 00:59:41,540 --> 00:59:49,440 And they said, it's okay. You can do this tonight because we're going to come back later with that general plan of amendment. You can't separate those things. 638 00:59:50,320 --> 00:59:53,260 There's also an issue with what you've been given regarding 639 00:59:53,260 --> 00:59:59,300 CEQA. This section 15183 doesn't apply in this circumstance. 640 01:00:00,000 --> 01:00:21,100 And again, if you look, have the staff bring the section up again, this applies for a project that's consistent with the general plan zoning or community plan. And this project is not. That property is back to the zoning that was in place before the project was approved. So it's primarily residential. 641 01:00:24,970 --> 01:00:40,910 There's another issue also in that there's been absolutely no documentation provided to you if you look at that section 15183, it says the determination that the EIR continues to apply needs to be supported with an initial study or similar analysis. 642 01:00:41,770 --> 01:00:43,490 None of that has been done. 643 01:00:44,490 --> 01:00:55,570 The city is actually in litigation right now on a project involving tri-point for exactly the same reason with a notice of continued relevance being brought through with no substantiation. 644 01:00:57,250 --> 01:01:07,430 The provision of secret that they should be applying is 15162, which is evaluating whether or not the certified EIR is still relevant to the project. 645 01:01:07,430 --> 01:01:17,110 And this is not an exhaustive evaluation, but there are at least three aspects that are no longer relevant that require supplemental consideration. 646 01:01:18,450 --> 01:01:31,730 And that includes the fact that the overriding considerations that the EIR was adopted with considered them getting a five million dollar advance on their diff fees for some like full of art extension, which is not happening. 647 01:01:31,730 --> 01:01:43,590 The existing EIR also does not address a new protected species, the crutches bumblebee, and also the fire hazard maps have been updated. 648 01:01:44,230 --> 01:01:50,170 The existing EIR says there's no fire hazard zone within a half a mile of the project site. 649 01:01:50,470 --> 01:01:55,090 When, in fact, now, the entire site is within a very high fire hazard zone. 650 01:01:59,230 --> 01:02:05,150 We're here tonight because the City Council ignored the Planning Commission on the initial approval. 651 01:02:05,870 --> 01:02:11,730 And because the City Council is trying to clean up a mess they created by approving a plan they didn't understand. 652 01:02:14,090 --> 01:02:29,350 This crafty attempt right now to tell you that you can prospectively amend this plan shows the public that the City can't be trusted to honestly and fairly implement the type of plan that they tried to approve. 653 01:02:30,450 --> 01:02:39,210 If the city and the developer also think that these little band aids are addressing the community concerns, they're just not listening. 654 01:02:40,170 --> 01:02:48,030 The communities concerns are the disrespectful establishment of a mega warehouse district next to homes. 655 01:02:49,350 --> 01:02:51,290 And thank you. 656 01:02:53,970 --> 01:02:54,510 Thank you, Michelle. 657 01:03:08,250 --> 01:03:09,530 Do have someone online. 658 01:03:10,370 --> 01:03:10,990 Go ahead. 659 01:03:16,970 --> 01:03:18,450 Go ahead, Mr. Platt. 660 01:03:24,820 --> 01:03:26,120 We can hear you go ahead. 661 01:03:26,120 --> 01:03:28,280 Hello, can you hear me? Yes, 662 01:03:30,640 --> 01:03:35,280 proceed, proceed. Okay. Good evening. Commissioner's my name is Jeffrey Platt. 663 01:03:36,260 --> 01:03:40,620 I'm a resident of DC4. I'm here tonight in support of the amendment to the sunset crossroads 664 01:03:40,620 --> 01:03:47,200 specific plan land use table 3.1. That would prohibit data centers, battery and energy storage 665 01:03:47,200 --> 01:03:54,180 system facilities, and ice detention facilities from being permitted under this plan. I want to start 666 01:03:54,180 --> 01:03:57,260 by saying this plainly, this amendment doesn't matter. 667 01:03:57,940 --> 01:04:01,980 For months, in the community meetings and public comment on social media and employers distribute 668 01:04:01,980 --> 01:04:06,500 around this city, residents of race concerns that sunset cross route could become a landing 669 01:04:06,500 --> 01:04:11,380 site for a data center or for a battery storage facility or even an ice detention 670 01:04:11,380 --> 01:04:11,880 center. 671 01:04:12,460 --> 01:04:14,840 Whether those fears were founded or not, they were sincere. 672 01:04:15,400 --> 01:04:20,440 People genuinely worried about what could come to the site and could, is what land used 673 01:04:20,440 --> 01:04:24,960 citizens live and die on. Tonight this commission has an opportunity to put those specific 674 01:04:24,960 --> 01:04:30,360 beers to rest. Not by asking residents to trust that it won't happen. Not by pointing 675 01:04:30,360 --> 01:04:35,740 to what the developer says they plan to build, by amending the specific planet itself so that 676 01:04:35,740 --> 01:04:40,880 those uses are firmly prohibited in the governing document. That is the strongest possible answer 677 01:04:40,880 --> 01:04:46,700 the city can give to those concerns, short of not building anything at all. I want to be clear 678 01:04:46,700 --> 01:04:49,140 about what this common is and what it isn't. 679 01:04:49,300 --> 01:04:51,500 It isn't attempt to sway anyone's vote under a November 680 01:04:51,500 --> 01:04:52,040 referendum. 681 01:04:52,760 --> 01:04:54,380 Voters will make that decision on the merits. 682 01:04:55,160 --> 01:04:57,020 What tonight's action does is take three 683 01:04:57,020 --> 01:04:59,760 specific concerns off the table permanently, regardless. 684 01:05:01,820 --> 01:05:08,480 If the project moves forward, none of those three uses can occur. If it doesn't move forward, it's 685 01:05:08,480 --> 01:05:13,400 a signal about how this city handles those uses generally. That's why I'm asking this commission 686 01:05:13,400 --> 01:05:19,180 to approve the amendment unanimously. Now, I want to speak directly to something this community is aware of. 687 01:05:20,480 --> 01:05:29,980 Chair Castorina, you have been public don record as opposing the sunset crossroads project. That is your 688 01:05:29,980 --> 01:05:34,440 to hold that position. What I'm asking is that you separate that position from tonight's 689 01:05:34,440 --> 01:05:39,400 boat. Tonight isn't a boat on whether since at Crossroads is a good project, it's a 690 01:05:39,400 --> 01:05:43,880 boat on whether three specific industrial uses, data centers and best facilities and 691 01:05:43,880 --> 01:05:48,720 ice detention should be permanently excluded from the plan. Every resident who has raised 692 01:05:48,720 --> 01:05:52,900 those concerns in the past 12 months is watching to see whether this commission will 693 01:05:52,900 --> 01:05:57,360 formally close that door. If the commission votes yesterday, one of the most repeat 694 01:05:57,360 --> 01:06:02,140 concerns about this project becomes moved that helps this community regardless of which way the 695 01:06:02,140 --> 01:06:07,300 referendum goes. If the commission votes no or delays the community has a right to understand why. 696 01:06:07,780 --> 01:06:13,840 Because could a data center come here is a question. This amendment answers definitely definitively. 697 01:06:14,920 --> 01:06:18,660 I'll be watching the vote and be documentary reasons offered by each commissioner. That's not a threat. 698 01:06:18,860 --> 01:06:22,640 That's how public accountability works when the paperwork this commission produces will 699 01:06:22,640 --> 01:06:30,200 and land use in the city for decades to be clear. I'm asking for a yes on PSP26-001 not 700 01:06:30,200 --> 01:06:33,900 because I want to score a political point on the referendum because this is a 701 01:06:33,900 --> 01:06:37,520 community's opportunity to lock in something that residents on both sides of 702 01:06:37,520 --> 01:06:40,780 the project could say they wanted. Thank you. 703 01:06:43,360 --> 01:06:44,140 Thank you. Thank you Mr. 704 01:06:44,320 --> 01:06:44,480 Martin. 705 01:06:46,540 --> 01:06:48,200 Who's that that? Chris. 706 01:06:54,030 --> 01:06:58,470 You said there is one more. Oh, okay. Back to 707 01:06:58,470 --> 01:06:59,070 person? 708 01:07:07,380 --> 01:07:16,560 I just don't think that it's clear whether or not this is legally binding before or 709 01:07:16,560 --> 01:07:24,260 after the election. It sounds great. I don't see any reason not to vote for this, but I think 710 01:07:24,260 --> 01:07:34,080 it should be very clear that it's not legally binding until after the election. And for my own opinion, 711 01:07:34,080 --> 01:07:41,140 I mean, I just drove down to Palm Springs and back past that empty warehouse, what's that a million square feet. 712 01:07:41,820 --> 01:07:51,400 And logically, I don't see why a developer would want to build 4.7 million more square feet of warehouse in this area. 713 01:07:51,580 --> 01:07:55,900 I went, we've got that empty one by the airport. There's another empty one over Cherry Valley. 714 01:07:56,620 --> 01:08:01,440 That tells me that this is not a normal use. That's planned here. 715 01:08:02,400 --> 01:08:11,360 And if this is a heist to change the plan again after the election, we're going to be suckers. 716 01:08:12,220 --> 01:08:15,760 I don't want there to be documentaries about banning. 717 01:08:16,560 --> 01:08:24,600 I've got a lot of friends that are filmmakers that I jump all over this as a warning to other people. 718 01:08:28,180 --> 01:08:29,040 I guess that's about it. 719 01:08:29,040 --> 01:08:32,920 I just hope maybe the city attorney can clarify that 720 01:08:32,920 --> 01:08:36,940 that this will not be legally binding until after the election. 721 01:08:39,780 --> 01:08:41,260 That's my fear. 722 01:08:42,060 --> 01:08:43,780 I love this town. 723 01:08:44,380 --> 01:08:48,920 I was moved here when I was three years old. 724 01:08:49,520 --> 01:08:51,640 I was here before McDonald's existed. 725 01:08:52,420 --> 01:08:57,180 And the stage coach Carnival had to move 726 01:08:57,180 --> 01:09:01,600 because of the fast food rush going in over there. 727 01:09:03,120 --> 01:09:09,320 But this sounds great to clarify this stuff. 728 01:09:10,620 --> 01:09:18,180 But then again, data centers and best systems and ice facilities aside, 729 01:09:18,740 --> 01:09:23,180 I'm really sad that the city council bypassed you guys 730 01:09:23,180 --> 01:09:45,140 And pitted neighbor against neighbor, I know the city's desperate for cash right now, but I don't think screwing over the residents in that area, destroying their property values, to squeeze in, this huge, huge industrial project in there is the right thing for anyone. 731 01:09:46,000 --> 01:09:59,980 I hope that development that's proper comes in there someday soon, but I think that if this whole land mass is blocked end with... 732 01:10:00,430 --> 01:10:10,550 Just this ugliness that people driving down the freeway are not going to want to pull off to take a piss, let alone go to a restaurant or anything. 733 01:10:10,650 --> 01:10:13,730 They're going to see the sea of warehouses and keep driving until they get to Palm Springs. 734 01:10:15,010 --> 01:10:15,370 So, 735 01:10:17,370 --> 01:10:20,910 that's about it. I hope things go the right way. 736 01:10:21,370 --> 01:10:28,550 Well, I don't want to say what's right or what's wrong. Somebody said that was on the wrong side, as well as a couple of people that are running for council. 737 01:10:28,550 --> 01:10:36,070 and it really pissed me off and I just hope the best for this 738 01:10:36,070 --> 01:10:37,630 town. Thank you. 739 01:10:42,830 --> 01:10:43,850 And name for the record? 740 01:10:45,960 --> 01:10:48,540 Scott Reader. Thank you Mr. Reader. 741 01:10:53,650 --> 01:11:01,310 Chair, other planning commissioners? Yes. My name is Jerry Phelps. I was a 742 01:11:01,310 --> 01:11:11,370 a planning commissioner on the commission that denied that voted against the sunset crossroads. 743 01:11:14,030 --> 01:11:20,910 I do do not want to see where a house is, but even more than that I don't want to see 744 01:11:20,910 --> 01:11:23,530 data centers and ice detention centers. 745 01:11:24,150 --> 01:11:31,610 I think it would be horrific data centers cause medical problems that use up the water and 746 01:11:31,610 --> 01:11:34,430 cause the electric rates to go sky high. 747 01:11:35,050 --> 01:11:38,970 Ice detention centers would be ugly. 748 01:11:39,590 --> 01:11:44,210 I can't think of anything less desirable in this area. 749 01:11:45,450 --> 01:11:49,190 Nevertheless, the city council, 750 01:11:50,530 --> 01:11:54,310 with their eyes wide open, signed and agreement 751 01:11:54,890 --> 01:11:57,850 with those not with the ice detention centers, 752 01:11:57,850 --> 01:12:10,130 but with the data centers written in to the agreement and now you and the City Council wants to do something about that. 753 01:12:11,330 --> 01:12:20,810 Well, it's too late what you're doing is tweaking an ordinance, your tweaking ordinances on a referendum. 754 01:12:20,810 --> 01:12:34,420 And those referendum were qualified because they had enough valid signatures from the target, 755 01:12:36,340 --> 01:12:43,120 from the voters, and that ordinance, those ordinances are now suspended. 756 01:12:43,900 --> 01:12:48,000 You cannot tweak something that isn't. 757 01:12:48,000 --> 01:12:55,360 I absolutely request that you do not go further with this. 758 01:12:55,600 --> 01:13:04,260 It's a mistake, I believe it's an issue, a legal issue for the City Council and I questioned 759 01:13:04,820 --> 01:13:11,100 just last week at the City Council meeting why their bills were so high and I think this 760 01:13:11,100 --> 01:13:14,040 is another bill for the City Council. 761 01:13:15,200 --> 01:13:17,740 I feel terrible about this. 762 01:13:18,120 --> 01:13:22,140 I would absolutely like to wipe away those data centers and 763 01:13:22,140 --> 01:13:23,540 ICE detention centers. 764 01:13:24,260 --> 01:13:25,780 But this is not the time. 765 01:13:26,500 --> 01:13:27,940 This is not the place. 766 01:13:28,580 --> 01:13:34,280 This is using your influence to influence the voters. 767 01:13:35,080 --> 01:13:36,480 And I find that just applicable. 768 01:13:37,260 --> 01:13:38,200 Thank you. 769 01:13:40,240 --> 01:13:41,000 Thank you, Ms. Hose. 770 01:13:49,210 --> 01:13:50,250 My name is Fran. 771 01:13:50,250 --> 01:14:03,730 and I agree with Mr. McCart and just like to share with you why I moved here. 772 01:14:04,130 --> 01:14:11,250 18 years ago, my husband and I were looking for a house to retire to. 773 01:14:12,610 --> 01:14:15,470 It took us two years to find this place. 774 01:14:16,050 --> 01:14:18,770 I just thought it was a beautiful, beautiful place. 775 01:14:18,770 --> 01:14:22,050 I still think that it's a beautiful place. 776 01:14:23,030 --> 01:14:27,630 I have dedicated all those years since I've been here 777 01:14:27,630 --> 01:14:32,690 to being a volunteer and whatever I can be a volunteer. 778 01:14:34,210 --> 01:14:39,550 I volunteer for the banning chamber of commerce as an ambassador. 779 01:14:39,550 --> 01:14:48,190 And the last, in 2025, we were asked those ambassadors to come up with a project. 780 01:14:49,310 --> 01:14:59,110 And my project was for the mural that's on Ramsi and sixth street, the Stage Coach mural. 781 01:15:00,000 --> 01:15:10,660 It was the one who brought it up to life and with the help with the banning chamber of commerce. 782 01:15:11,440 --> 01:15:18,620 I did the fundraising and everything and we hired an artist to do a put that mural. 783 01:15:19,560 --> 01:15:26,920 On the side of the I-10 freeway, it says, the city of banning with endless opportunities. 784 01:15:26,920 --> 01:15:34,300 I do not see this city being a mega warehouse with endless opportunities. 785 01:15:35,440 --> 01:15:44,540 This is a home town for many retirees and families with children to move to. 786 01:15:45,060 --> 01:15:53,940 So I beg all of you, each and every one of you, not to vote today. 787 01:15:54,840 --> 01:15:59,620 this is not that they too vote. Thank you. 788 01:16:02,820 --> 01:16:03,520 Thank you. Thank you, Ms. 789 01:16:03,640 --> 01:16:04,060 and Rodin. 790 01:16:12,080 --> 01:16:12,740 Thank you, Mr. Stables. 791 01:16:17,050 --> 01:16:18,170 Would anyone else like to make public 792 01:16:18,170 --> 01:16:18,490 comment? 793 01:16:30,280 --> 01:16:36,580 Good evening. Thank you for lowering that so I can see them. My name is Tara 794 01:16:36,580 --> 01:16:43,640 Hegeo and I'm banning resident. I've spoken on this project many times and I've 795 01:16:43,640 --> 01:16:54,520 that thousands of pages, and I have many concerns about this project, but this amendment 796 01:16:54,520 --> 01:17:03,400 specifically, I have concerns about, and I had two points coming into this, and it's 797 01:17:03,400 --> 01:17:06,960 expanded, so bear with me. 798 01:17:09,080 --> 01:17:13,620 Before addressing my concerns, I wanted to point out that I 799 01:17:13,620 --> 01:17:21,100 item confusing, because the agenda, the proposed resolution and the staff report, do not appear 800 01:17:21,100 --> 01:17:27,160 to use consistent language regarding what the action the commission is being asked to take 801 01:17:27,160 --> 01:17:34,820 tonight. What is affected by the referendum and the sequo determination that applies to it? 802 01:17:36,340 --> 01:17:40,220 My first, the first one is the referendum. 803 01:17:41,780 --> 01:17:45,240 If voters are being asked to decide whether these projects 804 01:17:45,240 --> 01:17:49,260 approvals should take effect, why is the city changing 805 01:17:49,260 --> 01:17:52,100 part of the project's planning rules 806 01:17:52,100 --> 01:17:54,480 before the voters have made a decision? 807 01:17:55,900 --> 01:18:00,040 I'm asking the city to clearly explain the legal authority 808 01:18:00,500 --> 01:18:03,460 for moving forward with this amendment 809 01:18:03,460 --> 01:18:09,960 while the referendum is pending an exactly what action the planning commission is being asked 810 01:18:09,960 --> 01:18:18,960 tonight. I'm asking this because when I looked up the information on the referendum and then 811 01:18:18,960 --> 01:18:33,700 legalities of changing things, if any any part of the plan is tied to the referendum ordinances 812 01:18:34,900 --> 01:18:58,810 Amendments aren't allowed. That's the information I received. I could be incorrect, but I think that there's more clarity that needs to be had because there has, when in my research, I have not found any other case in regards to referendum law that states amendment can be made to a current referendum. 813 01:18:58,810 --> 01:19:10,040 I also asked the city to confirm that the November referendum will remain a vote on the ordinances as they were originally adopted. 814 01:19:11,720 --> 01:19:20,280 And challenged by the referendum, not on a version of the project that has been changed during the referendum process. 815 01:19:21,620 --> 01:19:30,620 My second concern is in regards to CEQA. Tonight, the commission is being asked to determine 816 01:19:30,620 --> 01:19:36,580 that this particular change to the specific plan does not require additional environment 817 01:19:36,580 --> 01:19:43,560 to review under CEQA. I ask the city to clearly confirm that this determination applies 818 01:19:43,560 --> 01:19:50,660 only to this specific amendment. And it is not a blanket exemption from 819 01:19:50,660 --> 01:19:56,300 sequo for the entire sunset crossroads project for future development. I'm 820 01:19:56,300 --> 01:19:59,360 adding this because it's not clear in the staff report. 821 01:20:00,370 --> 01:20:18,690 I also asked the city to confirm that the original EIR, its mitigation measures and its findings of significant and unavoidal impacts, excuse me, unavoidable impacts, remain in effects and applicable to the Sunset Crossroads project. 822 01:20:20,380 --> 01:20:24,540 These are all important distinctions in the decision you're making tonight. 823 01:20:27,630 --> 01:20:39,130 And the additional things that I have felt that needed clarification are in regards to definitions that we've discussed tonight. 824 01:20:41,560 --> 01:20:52,200 In council meeting, the city council actually stated that they had never received a copy of the 3.1 before there are approval. 825 01:20:53,760 --> 01:20:55,660 So what does that mean? 826 01:20:56,840 --> 01:20:59,040 We brought up the things about the data centers. 827 01:20:59,180 --> 01:21:01,740 We brought up the things about the ice detention centers. 828 01:21:02,320 --> 01:21:05,280 So what else on here do we not clearly understand? 829 01:21:06,800 --> 01:21:10,040 If you look at your screen, which is still up right now, 830 01:21:10,660 --> 01:21:14,100 under computer and electronic parts manufacturing and assembly, 831 01:21:15,360 --> 01:21:18,660 in the water board meeting last month, 832 01:21:20,130 --> 01:21:30,470 A presentation was made on the consumption of water and its effects in regards to data centers. 833 01:21:30,990 --> 01:21:36,350 In that discussion, we'll start up. 834 01:21:37,510 --> 01:21:38,130 Thank you. 835 01:21:38,130 --> 01:21:38,870 Thank you, Miss Angie. 836 01:21:53,000 --> 01:21:53,320 Hi. 837 01:21:53,920 --> 01:21:55,560 Shirley Hagey, yes, we're related. 838 01:21:56,560 --> 01:21:57,220 Bailing resident. 839 01:21:58,820 --> 01:22:02,080 I would like you all to think about 10 years ago. 840 01:22:02,080 --> 01:22:14,540 did you know what a data center was? Did any of us? This whole project has a 30-year life span. 841 01:22:15,980 --> 01:22:21,700 What you're being asked to vote on today has nothing to do with what somebody's going to dream up in five years, 842 01:22:21,700 --> 01:22:30,360 10 years, 30 years, the span of this development that could harm our city even more. 843 01:22:31,700 --> 01:22:40,220 So that's my concern, and you have been put in a terrible position I feel asking you 844 01:22:40,220 --> 01:22:46,020 to make this decision when there's a referendum out there where we know that the developers 845 01:22:46,020 --> 01:22:53,620 have already spent, who knows, millions of dollars, sending out emails and 846 01:22:53,620 --> 01:22:59,620 flyers, emails and flyers, not just in the mail, trying to get people to 847 01:22:59,620 --> 01:23:04,600 see only their side, not seeing the everyday citizens side. 848 01:23:05,800 --> 01:23:11,140 Don't you think they're going to spend more money if you say, will it prove this and 849 01:23:11,140 --> 01:23:15,140 to say council two weeks before the election says, 850 01:23:15,480 --> 01:23:16,520 yeah, it's good. 851 01:23:16,520 --> 01:23:18,100 If it gets approved, this is good. 852 01:23:18,220 --> 01:23:18,940 We'll be good. 853 01:23:20,460 --> 01:23:22,400 Is that really a good thing for us? 854 01:23:22,700 --> 01:23:25,180 Do you think they're not going to keep sending mailers out? 855 01:23:25,440 --> 01:23:27,880 Because they have a lot of money already invested, 856 01:23:28,700 --> 01:23:31,220 but we have the rest of our lives invested here. 857 01:23:31,520 --> 01:23:35,980 And many of you have many more years than I do to spend here. 858 01:23:36,140 --> 01:23:38,340 So I would like you to thank when you vote 859 01:23:38,340 --> 01:23:40,760 about your own personal integrity. 860 01:23:41,620 --> 01:23:42,620 That's all I ask. 861 01:23:45,460 --> 01:23:46,720 Thank you Mr. Good 862 01:24:06,460 --> 01:24:07,020 evening. 863 01:24:07,280 --> 01:24:09,420 My name's Oscar District 4. 864 01:24:10,480 --> 01:24:14,520 Yeah, this was mentioned earlier, but this band also needs to use stay attached to the property 865 01:24:14,520 --> 01:24:16,280 no matter who owns it. 866 01:24:16,640 --> 01:24:19,100 By Lisa's it or operates there in the future. 867 01:24:19,700 --> 01:24:23,220 I'd like that same restriction put in the development agreement of possible, so it isn't 868 01:24:23,220 --> 01:24:26,680 disappear if and when ownership changes. 869 01:24:27,620 --> 01:24:32,540 Another subject I'm bringing up, Manual Procedural Guidelines for the Conductive City Council, 870 01:24:33,060 --> 01:24:38,460 Section 7.4B, the purpose of the public comment period is that we see from the public, 871 01:24:38,460 --> 01:24:41,520 not to create a debate between the members and the public. 872 01:24:41,680 --> 01:24:45,340 Members should generally refrain from debating members of the public during the period of public comment, 873 01:24:45,780 --> 01:24:51,560 but if members desire to clarify comments by members of the public, they may ask factual questions 874 01:24:51,560 --> 01:24:55,100 and if necessary should do so during the public comment period. 875 01:24:56,060 --> 01:24:56,740 You want me to clarify? 876 01:24:58,720 --> 01:24:59,860 No, okay, thank you guys. 877 01:25:01,780 --> 01:25:03,180 Thank you, Mr. Garcia. 878 01:25:13,020 --> 01:25:14,100 Any other public comment? 879 01:25:18,080 --> 01:25:18,560 Any online? 880 01:25:21,480 --> 01:25:21,860 All right. 881 01:25:22,040 --> 01:25:26,380 Chair, I do have one more that I was supposed to mention during the presentation. 882 01:25:26,980 --> 01:25:32,000 We did receive an email earlier this afternoon with a letter from Mitchell's 883 01:25:32,800 --> 01:25:37,980 sigh and Jeremy Herwitt, attorneys for western states regional council of 884 01:25:37,980 --> 01:25:44,640 Carpenters. I'll try to be brief on the short letter. Dear City Clerk on behalf of the Western 885 01:25:44,640 --> 01:25:51,580 States Regional Council of Carpenters, otherwise known as Western Carpenters, or WSRCC. My office 886 01:25:51,580 --> 01:25:55,640 is submitting these comments for the City of Banyng's Planning Commission meeting, addressing 887 01:25:55,640 --> 01:26:04,540 the sunset crossroads specific plan, SCH number 2021-02011, and agenda item 4.1 known as the 888 01:26:04,540 --> 01:26:11,060 projects. W-S-R-C-C would like to express its support for this project. After further reviewing 889 01:26:11,060 --> 01:26:16,680 this project, W-S-R-C-C believes that the project will benefit the environment and the local 890 01:26:16,680 --> 01:26:21,840 economy by practicing protocols that will protect worker health and safety and will incorporate 891 01:26:21,840 --> 01:26:26,980 adequate environmental mitigation. Please feel free to contact my office if you have any additional 892 01:26:26,980 --> 01:26:33,660 questions or concern signed by Mitchell Sy and Jeremy Hurwick. That is all. Thank you, Mr. Staples. 893 01:26:33,660 --> 01:26:39,140 Can you tell us more about this firm and the the org that this firm is representing? 894 01:26:41,240 --> 01:26:45,330 I have no idea we just accepted the comment that they submitted in the email which is a slatter. 895 01:26:46,040 --> 01:26:49,240 Got it. Okay, so it's a firm representing. 896 01:26:49,760 --> 01:26:54,440 Your attorneys for Western State's regional Council of Carpenters. 897 01:26:54,440 --> 01:27:02,260 a labor union, a labor union, a good guess, I'm not familiar with them. 898 01:27:02,400 --> 01:27:03,100 Got it. Okay. 899 01:27:03,120 --> 01:27:06,820 Jericho, Serena, each of you received a copy of that letter. 900 01:27:07,540 --> 01:27:10,400 Yeah, it was sent to us today a little bit after two PM, I believe. 901 01:27:11,440 --> 01:27:12,900 Yeah, just claim, fine. 902 01:27:13,420 --> 01:27:17,920 And then, is it appropriate for me to read in the email with the responses for the record as 903 01:27:17,920 --> 01:27:19,180 well at this time? 904 01:27:22,200 --> 01:27:22,460 Council. 905 01:27:28,790 --> 01:27:32,670 Are you referring to the email questions you we asked already in a more answered 906 01:27:32,670 --> 01:27:35,130 right now? Yes sir. That's already part of the record. 907 01:27:38,520 --> 01:27:40,760 I would like to read the answers and the 908 01:27:40,760 --> 01:27:50,420 we have the answers to the questions. Mr. Chair, I appreciate you Mr. Bassie. So just for transparency 909 01:27:50,420 --> 01:27:56,960 for everyone here in the room at home, I did, as I mentioned, send in questions on August 20th. So I'll 910 01:27:56,960 --> 01:28:02,120 read you by questions with the subsequent responses from City staff as well. Just so we're on the same 911 01:28:02,120 --> 01:28:08,300 page here. So, hi, Matt. It was nice seeing you at the budget workshop, Tuesday evening. 912 01:28:08,500 --> 01:28:15,820 A head of the September 2nd hearing on SPA 26-001. I wanted to reach out with a few questions 913 01:28:15,820 --> 01:28:19,140 that may be helpful to address an advance to the commission and public have a clear 914 01:28:19,140 --> 01:28:24,520 understanding of the proposed changes. Would it be possible for staff for the staff report 915 01:28:24,520 --> 01:28:30,620 to show the current table 3-1 language alongside the proposed changes and include the applicant 916 01:28:30,620 --> 01:28:35,060 application materials in any written rationale to the amendment, the response. 917 01:28:35,880 --> 01:28:41,300 The changes to table 3-1 are in red text and in the attached exhibit to the resolution. 918 01:28:41,900 --> 01:28:44,800 The rationale for the amendment is in the staff report. 919 01:28:45,520 --> 01:28:51,180 It was clear to the developer that IST attention facilities and data centers were not wanted 920 01:28:51,180 --> 01:28:58,420 in the Sunset Crossroads area and to limit battery energy storage systems best as ancillary 921 01:28:58,420 --> 01:29:05,160 It used, meaning not a standalone, except where required by the California Building Code. 922 01:29:06,520 --> 01:29:06,580 Question. 923 01:29:07,260 --> 01:29:10,500 I'd also appreciate some clarification on the best record. 924 01:29:11,020 --> 01:29:18,880 The 2023 draft, DIR Section 4.6, page 4.6, 6 to 13, refers to a 65-megawat best, 925 01:29:19,340 --> 01:29:25,640 while the September 10th, 2025 planning commission staff report page 4 refers to a proposed 65-megawat per hour 926 01:29:25,640 --> 01:29:29,760 it best. Since megawatt and megawatt per hour measure different things, it could 927 01:29:29,760 --> 01:29:34,920 staff help explain how these references relate and where this specific 65 figure came from, 928 01:29:35,780 --> 01:29:43,060 answer or response. The megawatt of megawatt per hour are interchangeable. It doesn't really 929 01:29:43,060 --> 01:29:49,640 matter given that this standalone use is not allowed. Question, it would also be helpful to 930 01:29:49,640 --> 01:29:55,060 better understand how the three proposed prohibited uses are being defined, particularly data center, 931 01:29:55,060 --> 01:29:58,340 battery energy storage system and ice detention facility. 932 01:29:58,840 --> 01:29:59,960 For Best, I'm Curious. 933 01:30:00,000 --> 01:30:09,040 This is whether the prohibition is intended only for a standalone facility. We can also affect onsite battery systems serving and otherwise permitted use. 934 01:30:09,640 --> 01:30:17,740 For the detention facility language, it would be also helpful to understand exactly what type of use the prohibited language is intended to cover. 935 01:30:18,860 --> 01:30:27,060 The response, there are no definitions proposed with the code amendment, as they will be prohibited, uses no matter how they may or may not be defined. 936 01:30:27,060 --> 01:30:43,500 You're correct that any standalone best system would be prohibited within Sunset Crossroads specific plan area over a commercial or industrial building may seek to have back up battery storage systems as required slash allowed by state wall and the California building code 937 01:30:44,000 --> 01:30:46,020 Two more questions y'all. Thanks for 938 01:30:46,020 --> 01:30:55,400 You marine me could staff slash council also hope explain in simple terms whether these restrictions would apply to future property owners and 939 01:30:55,400 --> 01:30:59,480 what process would be required to change them later, including how the development agreement 940 01:30:59,480 --> 01:31:01,140 affects that response. 941 01:31:01,700 --> 01:31:03,900 The DA is not relevant in the SBA. 942 01:31:04,260 --> 01:31:09,120 Specific plans can be amended at any time by any one current or future. 943 01:31:09,640 --> 01:31:15,360 The PC slash CC, the planning commission slash city council, would have the approval authority 944 01:31:15,360 --> 01:31:16,960 on all future amendments. 945 01:31:18,480 --> 01:31:22,300 Last question, if possible, I'd appreciate having these issues addressed in the staff report 946 01:31:22,300 --> 01:31:26,620 or supporting materials, so the full commission and public of this information before hearing 947 01:31:26,620 --> 01:31:31,200 responds to your questions won't be in the staff report, but you may ask during the public hearing 948 01:31:31,200 --> 01:31:36,800 as that is the protocol. So those are the questions and answers that were asked prior, 949 01:31:37,340 --> 01:31:40,320 and I just wanted to enter those into the record for full transparency. 950 01:31:42,800 --> 01:31:42,800 Okay. 951 01:31:45,020 --> 01:31:48,260 So it would be appropriate 952 01:31:48,260 --> 01:31:53,360 to allow the applicant to respond to anything at this time? 953 01:31:54,820 --> 01:31:57,720 You know, the applicant can respond to some of the comments 954 01:31:57,720 --> 01:31:58,800 that were made. 955 01:31:59,740 --> 01:32:01,960 I think it's important to note that the amendment 956 01:32:02,480 --> 01:32:04,560 is related to these prohibited uses, 957 01:32:05,260 --> 01:32:07,560 and the comments made about the project in general, 958 01:32:08,000 --> 01:32:12,620 in the past, we're not relevant to this amendment by itself. 959 01:32:13,300 --> 01:32:16,700 So the answer should be focused on the questions related 960 01:32:16,700 --> 01:32:18,500 to the SPA. 961 01:32:22,760 --> 01:32:24,200 Okay. Thank you, Mr. Bassie. 962 01:32:27,680 --> 01:32:28,100 Mr. 963 01:32:30,160 --> 01:32:30,580 Schrieg. 964 01:32:32,780 --> 01:32:36,980 Schrieg? I'm sorry. If you could, Mr. Schrieg. 965 01:32:37,220 --> 01:32:39,960 Joel Schrieg. Right. Okay. I apologize. Thank you. 966 01:32:42,800 --> 01:32:45,920 What would you like me to respond to? With respect to the amendment? 967 01:32:47,340 --> 01:32:54,300 Well, if you'd like to address anything that I was stated, we are in the opportunity. 968 01:32:54,300 --> 01:32:59,340 We are not. I said it before. I'll say it again today. We're not pursuing data centers. 969 01:33:00,140 --> 01:33:05,420 Ice detention facilities or jails or any sort of things or standalone bus systems. 970 01:33:06,920 --> 01:33:09,080 It just we're prohibiting that with this. It's pretty simple. 971 01:33:09,940 --> 01:33:16,240 And this was based off of I think it was mentioned public comment and feedback that you all received during 972 01:33:16,240 --> 01:33:23,380 listening sessions. Correct. Yep. Correct. We heard clear feedback from the community and 973 01:33:23,380 --> 01:33:31,080 These were three areas that they were concerned about, and so we submitted this to the city to 974 01:33:31,080 --> 01:33:36,720 formally process this amendment to prohibit those. So this was in line with that now. 975 01:33:37,780 --> 01:33:48,940 I got it. And why did we go down to, I believe it was the best, what do we not have, I 976 01:33:48,940 --> 01:33:52,880 How did you all get to ICE detention facilities specifically? 977 01:33:53,340 --> 01:33:56,440 That was named specifically by the community as concern. 978 01:33:57,280 --> 01:34:01,360 God, and I guess because it's so particular, 979 01:34:01,760 --> 01:34:03,400 that is that why we don't have a definition, 980 01:34:03,620 --> 01:34:07,760 or why you all didn't provide a definition for it? 981 01:34:08,060 --> 01:34:08,240 Correct. 982 01:34:09,760 --> 01:34:09,840 Okay. 983 01:34:12,020 --> 01:34:14,280 So if you wouldn't like to address any our commissioners, 984 01:34:14,460 --> 01:34:17,320 if you all haven't any questions for it? 985 01:34:19,010 --> 01:34:20,650 All right, thank you, Mr. 986 01:34:24,920 --> 01:34:27,200 Shrink, S-E-H-R-E-N-K. 987 01:34:27,360 --> 01:34:27,940 Oh my gosh. 988 01:34:30,410 --> 01:34:31,970 Mr. Shrink, I wanted to say Shrink. 989 01:34:32,910 --> 01:34:34,250 I kept coming to mind. 990 01:34:35,530 --> 01:34:36,030 It's a great movie. 991 01:34:37,950 --> 01:34:38,910 Thank you for that. 992 01:34:40,230 --> 01:34:43,410 And our commissioners are there any factual questions to staff 993 01:34:44,330 --> 01:34:49,390 that you would like to ask for we close public. 994 01:34:49,390 --> 01:34:51,630 Are the public hearing? 995 01:34:52,490 --> 01:34:52,550 No? 996 01:34:52,550 --> 01:34:54,470 Okay, I 997 01:35:07,770 --> 01:35:11,250 So I was just wanting to clarify, when you're saying factual, 998 01:35:13,430 --> 01:35:24,530 because I did have some questions for the staff, and response to some of the questions that were asked by the public, but I wanted to ensure that I'm asking within that. 999 01:35:24,530 --> 01:35:31,470 Yeah, also could you share I would close the public hearing and then you can deliver it in ask us questions and then we're 1000 01:35:31,470 --> 01:35:38,070 We were respond to the questions that I can to the best my ability. That was asked by the public 1001 01:35:39,770 --> 01:35:43,030 We have no more public comment on online 1002 01:35:43,030 --> 01:35:50,630 I'm here. Okay with sing no more speakers. I now close the public hearing at 7 0 8 p.m 1003 01:35:51,270 --> 01:35:56,870 No further public testimony may be received unless the hearing is formally reopened. 1004 01:35:57,670 --> 01:36:07,510 I would like to allow us to all process all of the public comment if we could take a ten-minute 1005 01:36:07,510 --> 01:36:08,810 recess to use the restroom. 1006 01:36:09,330 --> 01:36:14,290 I am prepared to respond to the questions first before you decide to take a break. 1007 01:36:16,050 --> 01:36:20,750 Commissioner, how do you feel? Would you like to take a break before or after the responses? 1008 01:36:27,040 --> 01:36:31,520 So we're going to go from back to front as best as I can. 1009 01:36:32,220 --> 01:36:35,480 One of the speaker's asked about the original EIR. 1010 01:36:36,940 --> 01:36:42,900 The original Certified EIR is still in effect and will be indefinitely. 1011 01:36:43,420 --> 01:36:47,420 All the mitigation measures adopted, including the save and board writing considerations, 1012 01:36:47,420 --> 01:36:55,000 operations are in full force and effect regardless of this SPA amendment and the referendum. 1013 01:36:57,220 --> 01:37:02,280 I'm going to turn real quick to city attorney to he already answered this in the beginning. 1014 01:37:02,920 --> 01:37:08,660 Regarding legal authority to move forward with this SPA, so Bob, if you could just comment 1015 01:37:08,660 --> 01:37:10,780 on that, then I'll go back to the other questions. 1016 01:37:12,130 --> 01:37:18,450 No, being able to file the SBA and move forward with it, even though the reference. 1017 01:37:19,770 --> 01:37:20,070 Right. 1018 01:37:20,790 --> 01:37:30,590 So just to reiterate, under the Beaumont Municipal Code, the applicant does have big burden? 1019 01:37:31,770 --> 01:37:33,510 I'm sorry, banning. 1020 01:37:34,330 --> 01:37:40,890 Municipal Code, the applicant does have the authorization to file an application. 1021 01:37:40,890 --> 01:37:49,130 and they did do that, and staff has a duty to process that application, which they did, 1022 01:37:49,730 --> 01:37:56,230 and then they have presented it to the Planning Commission as is their duty. 1023 01:37:56,870 --> 01:38:03,830 And then I'd like to read from the Banning Municipal Code. Got it right that time. 1024 01:38:03,830 --> 01:38:16,790 17.96.040 says that the planning commission shall make a written recommendation on the proposed specific plan, whether to approve, 1025 01:38:16,790 --> 01:38:25,790 approve and modified form, or disapprove, based upon the findings contained in Section 1796.060. 1026 01:38:32,140 --> 01:38:43,280 Section 2.28.050 duties and responsibilities states in pertinent part, the planning commission 1027 01:38:43,280 --> 01:38:51,860 scope of responsibility is to prepare, review, adopt, and recommend to the city council 1028 01:38:51,860 --> 01:38:58,060 for its adoption of special areas of specific plans for identifiable areas where in more 1029 01:38:58,060 --> 01:39:03,900 detailed guidelines are needed to supplement the objectives of the general plan. 1030 01:39:04,900 --> 01:39:11,820 So I think the import of these provisions is that the job of the planning commission this 1031 01:39:11,820 --> 01:39:25,020 evening is to recommend approval or disapproval or approval with modifications in a modified 1032 01:39:25,020 --> 01:39:25,680 form. 1033 01:39:25,680 --> 01:39:35,440 So that is your job this evening, I think that covers it, is that what you had in mind? 1034 01:39:36,060 --> 01:39:36,280 Okay. 1035 01:39:36,740 --> 01:39:36,980 Thank you. 1036 01:39:37,100 --> 01:39:37,820 Thanks Bob. 1037 01:39:39,120 --> 01:39:42,900 Also, I wanted to comment there was a question about the secret determination. 1038 01:39:44,460 --> 01:39:51,500 It does apply the decision on the 15183 applies to just the specific plan amendment. 1039 01:39:52,060 --> 01:39:59,980 The certified EIRs, I mentioned, is still in full force and effect, and there will be no attempt to exempt feet, you know. 1040 01:40:00,000 --> 01:40:09,360 The SPA, the specific plan is approved, so the 15183 determination is specific to this amendment. 1041 01:40:09,860 --> 01:40:18,660 In fact, that way our prohibiting uses reduces any impacts that could have resulted from those uses if they were allowed. 1042 01:40:19,840 --> 01:40:26,540 So the impacts or less than what was originally evaluated in the certified EIR. 1043 01:40:27,240 --> 01:40:31,180 So the 15183 provision is acceptable. 1044 01:40:31,760 --> 01:40:33,620 It's according to SQL statutes. 1045 01:40:34,780 --> 01:40:36,980 In the event that that's not enough, 1046 01:40:37,880 --> 01:40:42,860 the commission could make a recommendation as part of their decision tonight 1047 01:40:42,860 --> 01:40:46,800 that we could adopt the 15061 B3 exemption. 1048 01:40:46,800 --> 01:40:50,660 in a general rule exemption that this project, 1049 01:40:50,780 --> 01:40:55,020 this amendment has no ability to impact the environment, 1050 01:40:55,420 --> 01:40:56,780 since we're prohibiting uses. 1051 01:40:57,380 --> 01:41:00,020 Nothing new is being developed under this specific 1052 01:41:00,020 --> 01:41:00,740 pun amendment. 1053 01:41:01,380 --> 01:41:05,260 Everything again is covered by the original certified EIR. 1054 01:41:05,960 --> 01:41:08,500 So we could use that one as well if we wanted. 1055 01:41:10,180 --> 01:41:10,880 Sure, go ahead. 1056 01:41:10,880 --> 01:41:21,220 So, I'd also like to comment on the original exemption, which is, do you have it under there? 1057 01:41:21,860 --> 01:41:22,420 What's the number? 1058 01:41:24,700 --> 01:41:25,460 No, the original. 1059 01:41:27,110 --> 01:41:35,860 So under 15183, that's an exemption or the project is consistent with the general plan and the specific plan. 1060 01:41:35,860 --> 01:41:45,720 And as we know, some people have argued that well, those aren't, in effect, although they were adopted by resolution, 1061 01:41:47,960 --> 01:42:00,600 the fact is that this isn't going to go into effect tonight either, so if it does go into effect, it will be consistent with the general plan in the specific plan. 1062 01:42:00,600 --> 01:42:30,360 So, that exemption applies and then the exemption that Mr. Bassie was talking about is the common sense exemption which says that the activity is covered by the common sense exemption that seek what applies only to projects which have the potential for causing a significant effect on the environment where it can be seen with certainty there is no possibility that the activity in question may have a significant effect on the environment. 1063 01:42:30,600 --> 01:42:58,140 The activity is not subject to sequa, and that's guidelines section 1, 506, 1, sub B, sub 3, you know, by removing potential uses from a specific plan, you know, the impact is actually diminished and there is no impact from removing something 1064 01:42:58,140 --> 01:43:10,600 removing a use. So, those two exemptions are both available and that will be under consideration tonight. 1065 01:43:15,150 --> 01:43:28,650 Thank you, Bob. The other question that came up was relative to, you know, 1066 01:43:28,650 --> 01:43:36,710 Bob Bansard that, in terms of the definitions, the specific client does not have a list of definitions, 1067 01:43:38,610 --> 01:43:44,270 the information and the uses there are pretty self-explanatory, self-defined, but if the 1068 01:43:44,270 --> 01:43:49,490 commission wants to make as part of his recommendation council, we should provide some more 1069 01:43:49,490 --> 01:43:54,650 specific definitions between now and the council meeting staff can do that and that will be 1070 01:43:54,650 --> 01:43:58,290 to the Staff Report for Council consideration in October. 1071 01:44:01,730 --> 01:44:07,330 Another comments were not really related to the specific kind of amendment, general concerns 1072 01:44:07,330 --> 01:44:13,330 about the project and the election, but those are the comments that I have that I can answer. 1073 01:44:21,640 --> 01:44:27,340 Let's take a 5 minute recess and we'll come back at 7, 7, 7, 20, 7, 20, 3. 1074 01:58:15,340 --> 01:58:21,420 Every one, we're going to call the meeting back to order at 7, 31 p. 1075 01:58:25,720 --> 01:58:29,780 and I believe we're going to commission discussion. 1076 01:58:30,280 --> 01:58:36,940 Yes, before you do that chair, we do want to respond to one other comment that I did not regard a cold storage. 1077 01:58:37,760 --> 01:58:40,340 Mark is going to tackle that real quick. 1078 01:58:41,300 --> 01:58:47,100 Thank you. One comment that was brought up during the public hearing was regarding a cold storage. 1079 01:58:47,100 --> 01:58:53,020 And that was an item that was discussed during the sense of the Crossroads specific plan and discussion. 1080 01:58:53,840 --> 01:59:00,420 And I have on the screen here, you'll see someone in middle to upper part of the table, ice and cold storage. 1081 01:59:01,140 --> 01:59:05,320 It is listed as permitted under the industrial zone, which is on the far right. 1082 01:59:05,860 --> 01:59:08,420 But during the review process, 1083 01:59:10,720 --> 01:59:13,460 back March of 26 and before, 1084 01:59:13,460 --> 01:59:24,100 The DA was revised to include section 3.14.17 which does prohibit cold storage uses in the specific plan area. 1085 01:59:26,040 --> 01:59:34,480 So the DA was utilized to make the amendments per council direction, planning commission direction for things like this. 1086 01:59:34,480 --> 01:59:39,300 And this is the one area, if you recall, commissioners castrated a Marshall. 1087 01:59:39,900 --> 01:59:45,440 There was an area that was planned to be industrial, that is going to be changed to General 1088 01:59:45,440 --> 01:59:47,660 Commercials should everything proceed forward. 1089 01:59:48,060 --> 01:59:51,220 And that was the area that was planned to be a cold storage location. 1090 01:59:52,100 --> 01:59:59,820 And North Point agreed at that time to prohibit cold storage in the DA, but the commission. 1091 02:00:00,000 --> 02:00:25,200 So I can add this as a recommendation to council to change the tables well along with the other three uses, should whoever make the motion this evening to move this forward. So whoever does do that, if you want, you can add the fourth revision here, which would be to have the ice and cold storage permitted use to prohibited on table 3-1. 1092 02:00:25,200 --> 02:00:36,260 Thank you, Mr. Staples, and really quick, I just want to say that that was a lot of information 1093 02:00:37,200 --> 02:00:42,060 and a wonderful public comment from all of you, regardless of what's out of the issue you're on. 1094 02:00:42,500 --> 02:00:45,940 It's very important that you use your voice and you come out here, so it's very commendable. 1095 02:00:46,180 --> 02:00:50,900 From the planning commission to you all, thank you very deeply. 1096 02:00:51,800 --> 02:00:59,020 With that being said, our commission, oh, there is one thing to, I think we discovered 1097 02:00:59,020 --> 02:01:08,980 that we can ask factual follow-up questions to our residents during public, public hearing. 1098 02:01:10,140 --> 02:01:12,440 So I want to take accountability for that. 1099 02:01:12,580 --> 02:01:17,020 We should have went in to recess to clarify that, so we did the public hearing correctly. 1100 02:01:17,020 --> 02:01:20,900 on up to that and moving forward, we'll slow things down. 1101 02:01:21,600 --> 02:01:26,540 There's no need for us to rush this process, as we know, these are really important decisions. 1102 02:01:28,380 --> 02:01:34,020 So it's important for us to note that we do have that ability and we can just slow it down, 1103 02:01:34,100 --> 02:01:37,260 so we fully understand and do the process correctly. 1104 02:01:37,260 --> 02:01:49,980 All right, do my fellow commissioners have any factual follow-up questions for staff or the applicant before we close public hearing? 1105 02:01:52,970 --> 02:01:59,030 I'm sorry chair, you've already closed the public hearing, so you're in commission discussion deliberation. 1106 02:01:59,250 --> 02:02:01,250 Mr. Bassett, thank you. Wonderful, okay. 1107 02:02:02,230 --> 02:02:04,690 That's right, before we went to recess. Wonderful. 1108 02:02:04,690 --> 02:02:06,510 So, the public hearing is closed. 1109 02:02:06,790 --> 02:02:09,310 We will now discuss the items as a commission. 1110 02:02:10,270 --> 02:02:12,650 Please connect your comments to the proposed language, 1111 02:02:12,890 --> 02:02:16,670 the environmental determination, and the four required findings. 1112 02:02:19,820 --> 02:02:21,320 And so, the four findings. 1113 02:02:22,080 --> 02:02:23,600 I have them here in Simple Terms to Council. 1114 02:02:23,700 --> 02:02:26,420 Please correct me or add any additions. 1115 02:02:26,860 --> 02:02:28,200 The four findings that we need to meet, 1116 02:02:28,240 --> 02:02:31,180 the amendment number one, the amendment agrees with the general plan. 1117 02:02:31,440 --> 02:02:33,420 Two, it will not harm public health safety welfare. 1118 02:02:33,420 --> 02:02:38,440 the environment three the properties physically suitable and four the resulting development will be 1119 02:02:38,440 --> 02:02:40,660 compatible with the surrounding area. 1120 02:02:43,200 --> 02:02:46,820 So commissioners discussion on what we have before us 1121 02:02:47,780 --> 02:02:49,260 and are any questions. 1122 02:02:55,190 --> 02:03:00,210 I'd like to make a motion. I'd like to move that we approve specific plan 1123 02:03:00,210 --> 02:03:09,350 amendment number 26-001 by NP banning industrial LLC for the Sunset Crossroads 1124 02:03:09,350 --> 02:03:17,050 specific plan, and that we include removing the permit for cold storage in 1125 02:03:17,050 --> 02:03:20,310 intersection 3-1 as market suggested. 1126 02:03:20,870 --> 02:03:25,150 I'd like to make a substitute motion to continue. 1127 02:03:25,930 --> 02:03:30,210 because the language still remains unclear on these uses. 1128 02:03:32,050 --> 02:03:36,150 So, yeah, I'd like the motion to make a substitute motion to continue. 1129 02:03:37,290 --> 02:03:41,150 The hearing to our next planning commission meeting, 1130 02:03:44,070 --> 02:03:47,070 so staff can return with clear language addressing the best 1131 02:03:47,070 --> 02:03:51,430 designation, definitions, units, and units. 1132 02:03:57,460 --> 02:04:04,240 So, to the other three commissioners, you can choose which motion you want to second to move forward. 1133 02:04:05,560 --> 02:04:11,360 I believe they would be seconding my substitute motion because it's stacked on top of the motion prior. 1134 02:04:11,840 --> 02:04:15,700 Well, if there's silence on your motion, then it wouldn't move forward. 1135 02:04:21,480 --> 02:04:23,080 I will second the first motion. 1136 02:04:29,180 --> 02:04:31,620 Second, on Mr. Castorina's motion. 1137 02:04:39,780 --> 02:04:40,700 Okay, yeah. 1138 02:04:40,700 --> 02:04:41,800 Shkasturina? 1139 02:04:44,640 --> 02:04:45,920 Uh, roll call? 1140 02:04:49,680 --> 02:04:50,560 Jerkasturina? 1141 02:04:51,220 --> 02:04:51,960 No. 1142 02:04:53,360 --> 02:04:54,140 Commissioner Evans? 1143 02:04:55,020 --> 02:04:55,240 Yes. 1144 02:04:56,180 --> 02:04:57,680 Commissioner Light and A. 1145 02:04:58,340 --> 02:04:59,860 Yes. Commissioner Marshall. 1146 02:05:02,680 --> 02:05:03,460 All right, 1147 02:05:05,510 --> 02:05:07,350 motion passes. 1148 02:05:10,700 --> 02:05:19,490 So now we move on to five, which is announcements and reports, five point one, the directors are bored. 1149 02:05:20,790 --> 02:05:24,350 Thank you, Chair. Just a couple of items I want to bring to your attention. 1150 02:05:25,830 --> 02:05:32,910 On your dios I gave you a booklet that was prepared by our city attorney's office on the Brown Act. 1151 02:05:32,910 --> 02:05:39,910 some excellent information. If you're bored during the day, please read that and you'll 1152 02:05:39,910 --> 02:05:46,130 become more familiar with the Brown Act and everything that's in there. It's a good 1153 02:05:46,130 --> 02:05:52,310 information that I think the commission would benefit from, especially our new commissioners 1154 02:05:52,310 --> 02:05:58,670 that haven't had a full education process on the Brown Act, so that's real helpful. The 1155 02:05:58,670 --> 02:06:28,290 Another item I want to bring to your attention is the Planning Commission Symposium that's being opened up by the Southern California BIA, it's a free symposium, it's pretty much like a one day conference, down in Irvine, I believe Commissioner Evans you responded and are registered to go already, so the other four, I think this would be an excellent opportunity if you can get off work to go to this, it's free. 1156 02:06:28,670 --> 02:06:43,510 We do not have any money in the budget for commission training going into this current fiscal year 2627, so any time that we can attend some of these, or you guys can attend some of these that are free, it's very, very helpful. 1157 02:06:43,750 --> 02:06:52,110 I think the topics, welcome and commissioners role, the land use hierarchy, zoning and development standards. 1158 02:06:52,110 --> 02:06:56,470 So the vision map act basics and development agreements explained. 1159 02:06:57,250 --> 02:07:01,490 I think there will be a real great opportunity as well as 1160 02:07:01,490 --> 02:07:03,930 Sequo basics that they'll be talking about as well. 1161 02:07:05,110 --> 02:07:08,710 Please, in the email that I sent you with this information, 1162 02:07:09,350 --> 02:07:13,330 you'll need to contact via email or phone call to BIA. 1163 02:07:14,070 --> 02:07:20,190 The gal that is taken registration responded to Commissioner Evans. 1164 02:07:20,190 --> 02:07:31,050 So, you can email her, she was included in there as a copy on that email and she'll be able to get you set up and that's all I have. 1165 02:07:31,570 --> 02:07:31,750 All right. 1166 02:07:32,230 --> 02:07:33,070 Thank you, Mr. Vassie. 1167 02:07:33,590 --> 02:07:36,490 Now, we'll move on to 5.2 commissioner reports. 1168 02:07:37,490 --> 02:07:41,630 I will hear a brief from commissioners and community announcements. 1169 02:07:43,790 --> 02:07:44,390 Commissioners? 1170 02:07:49,220 --> 02:07:50,800 All right. 1171 02:07:51,340 --> 02:07:53,040 I have a few here. 1172 02:07:53,040 --> 02:07:58,740 So, a discover banning, which is a passive experience from the past community foundation. 1173 02:08:00,020 --> 02:08:06,360 A civic experience will be beginning September 11th at Stage Coach Days. 1174 02:08:06,720 --> 02:08:10,240 We'll be getting behind the scenes tour as well. 1175 02:08:11,360 --> 02:08:19,080 And Stage Coach Days is from Friday, a September 11th and Saturday, a September 12th at AC Dice Art Equestrian Park. 1176 02:08:19,080 --> 02:08:24,020 Gates opened at 5 p.m., the rodeo begins at 7 p.m., and Saturday's downtown parade 1177 02:08:24,020 --> 02:08:31,020 of 4 sage coach days begins at 10 a.m. There's the free Marango Thunder in Lightning Palo, 1178 02:08:31,180 --> 02:08:37,380 which runs September 25th through the 27th in Caveson, all bay event in its free. 1179 02:08:38,240 --> 02:08:44,280 There's the downtown art walk, which is Saturday, September 26th from 1 to 4 p.m., followed by 1180 02:08:44,280 --> 02:08:47,300 Saturday evening farmer's market, which 1181 02:08:47,300 --> 02:08:51,580 started 5 PM. So go to that so we can make sure it keeps 1182 02:08:51,580 --> 02:08:56,580 happening. Commissioner Evans? I just wanted to know where can we find that 1183 02:08:56,580 --> 02:08:59,340 information because I haven't seen any of that 1184 02:08:59,340 --> 02:09:04,020 publicized or yeah I'm like if I don't 1185 02:09:04,020 --> 02:09:07,000 here and here I literally don't 1186 02:09:07,000 --> 02:09:11,020 getting in any of that information. Yeah it's a tough one right because 1187 02:09:11,020 --> 02:09:16,220 We talked about this last month, too. It's a chronic issue. I wouldn't 1188 02:09:16,220 --> 02:09:21,580 employ us all to get into any Facebook, like social media groups, follow the 1189 02:09:21,580 --> 02:09:29,580 local organizations that are in town too, that post these fires. If we get a PIO of a 1190 02:09:29,580 --> 02:09:31,660 home out here. 1191 02:09:33,670 --> 02:09:37,210 Public information officer. Thank you. Public information officer 1192 02:09:37,210 --> 02:09:40,510 the handles, the outflow of communications information for our 1193 02:09:40,510 --> 02:09:40,710 community. 1194 02:09:42,730 --> 02:09:45,470 This would be a lot more robust and easier for us. We 1195 02:09:45,470 --> 02:09:49,310 don't have that right now. If there's anyone out there that wants to 1196 02:09:49,310 --> 02:09:53,750 create an app alongside the city to put all of these in one place, that'll 1197 02:09:53,750 --> 02:09:57,450 be wonderful. But again, just follow these as many of the local orgs as 1198 02:09:57,450 --> 02:09:59,990 possible. I guess the tip and trip would be to... 1199 02:10:00,000 --> 02:10:08,140 To go to a local organization, social profile and see who they follow and then just follow them and you'll get them fly directly. 1200 02:10:09,440 --> 02:10:14,400 Yeah, I try to keep social media is a lot. 1201 02:10:14,680 --> 02:10:19,720 Something. Yeah. We got to get better with that. Yeah, it's difficult. 1202 02:10:21,100 --> 02:10:29,420 Staff is there anything that we can do to not just in planning department, but I guess share amongst other departments. 1203 02:10:29,420 --> 02:10:31,620 with events and stuff. 1204 02:10:31,900 --> 02:10:39,840 The only thing I could recommend is our Parks Department does handle a lot of the special event permits that happen at DICEART Park and parade and all that. 1205 02:10:40,720 --> 02:10:48,400 So, again, follow them as best you can and any of the social media sites with them and then the actual stage coach who is a group. 1206 02:10:50,200 --> 02:10:51,120 Thank you, Mr. Staples. 1207 02:10:52,700 --> 02:10:52,860 Okay. 1208 02:10:54,580 --> 02:10:55,420 Maybe I'll work on something. 1209 02:10:56,640 --> 02:11:02,720 The Downtown Banning Art Walk is Saturday, September 26, from 1 to 4 p.m., their social 1210 02:11:02,720 --> 02:11:05,520 media is Downtown Banning, I believe. 1211 02:11:07,720 --> 02:11:10,460 And then that's the farmer's market right after that. 1212 02:11:10,660 --> 02:11:15,080 Blue Zones has helped put that on along with the Farm to Fork, our local business. 1213 02:11:15,820 --> 02:11:21,460 The Banning Library Children's Book Club is going to be discussing Mahikid, our Mexican, 1214 02:11:21,460 --> 02:11:25,820 on Tuesday, September 29th, at 3 p.m. at the Banning Library. 1215 02:11:26,600 --> 02:11:31,020 Supervisor with Dietta's Office, that's our county supervisor for District 5, is going to 1216 02:11:31,020 --> 02:11:34,940 continue their free monthly drive-through produce distributions. 1217 02:11:36,580 --> 02:11:42,640 You can check his District 5 website, I don't have the next day to actually on here. 1218 02:11:44,740 --> 02:11:55,080 Now I do get his publication because I actually, I guess because I'm registered voter and so I get those in my email. 1219 02:11:56,680 --> 02:11:57,360 One of those. 1220 02:11:57,360 --> 02:12:00,880 That's usually the second week of each month on Wednesdays. 1221 02:12:00,960 --> 02:12:01,320 I believe. 1222 02:12:01,740 --> 02:12:02,660 Do you have the date? 1223 02:12:02,960 --> 02:12:03,260 I don't. 1224 02:12:04,280 --> 02:12:04,760 No worries. 1225 02:12:07,360 --> 02:12:10,580 And that is it for my report. 1226 02:12:11,860 --> 02:12:15,260 Anything coming to one for events or anything? 1227 02:12:15,900 --> 02:12:21,200 Okay. All right. We will move on to item six items for future agendas. 1228 02:12:25,150 --> 02:12:25,830 Commissioners. 1229 02:12:30,370 --> 02:12:35,490 So at the August 5th meeting, I asked for status update on the citywide 1230 02:12:35,490 --> 02:12:40,450 amendment addressing data centers, ice detention facilities, and battery energy storage systems. 1231 02:12:40,450 --> 02:12:49,210 Um, not only with sunset crossroads, so, uh, yeah, I just wanted to status update on that. 1232 02:12:52,840 --> 02:12:56,220 So we don't have any specific direction from council yet on those items. 1233 02:12:57,180 --> 02:13:00,140 Um, a side note is we in the near future will be, uh, 1234 02:13:00,140 --> 02:13:03,640 Mending the commercial industrial section of the code, but that's a couple months away. 1235 02:13:14,990 --> 02:13:20,170 And then for, like, for us to explore, strengthen our land use is, 1236 02:13:23,690 --> 02:13:23,690 uh, 1237 02:13:23,690 --> 02:13:30,410 a comment that said, as developments becomes more dynamic and grows in the future, it might 1238 02:13:30,410 --> 02:13:39,610 look different from what it is now. What authority do we have as a planning commission to explore, 1239 02:13:39,710 --> 02:13:44,550 you know, asking, you know, we ask to agendais this to explore this, is it just solely we have to wait 1240 02:13:44,550 --> 02:13:51,010 for the city council to give direction for us to study it? I'm just trying to demystify this, 1241 02:13:51,010 --> 02:13:53,910 So I'm understanding, go 1242 02:13:57,500 --> 02:13:57,840 ahead, council. 1243 02:13:58,580 --> 02:14:02,320 Okay, it just so happens that I have in front of me, 1244 02:14:02,420 --> 02:14:09,100 bending municipal code 2.28.050 of the bending municipal code. 1245 02:14:09,120 --> 02:14:16,480 And I quoted from this earlier, I quoted just a specific section, 1246 02:14:16,560 --> 02:14:17,680 but I can read the entirety. 1247 02:14:18,520 --> 02:14:27,080 So, um, Subsection C says the Planning Commission's scope of responsibility is to prepare 1248 02:14:27,080 --> 02:14:32,120 review adopt and recommend to the City Council for its adoption, a long-range comprehensive 1249 02:14:32,120 --> 02:14:47,660 general plan to guide future physical development and conservation of the city and its 1250 02:14:47,660 --> 02:14:54,480 Two, prepare review adopt and recommend to the City Council for its adoption of special areas, 1251 02:14:54,640 --> 02:14:59,980 specific plans for identifiable areas where in more detailed guidelines are... 1252 02:15:00,000 --> 02:15:10,800 We needed to supplement the objectives of the General Plan. Three, review, development applications submitted to the city for consistency with adopted plans and ordinances. 1253 02:15:11,480 --> 02:15:17,920 Approve or deny applications when final authority is granted to the Planning Commission by the Municipal Code. 1254 02:15:18,560 --> 02:15:22,600 Make a recommendation on those actions for which the City Council is the final reviewing. 1255 02:15:22,600 --> 02:15:30,960 a approval body for acts as an appeal body on decisions made by the community development director 1256 02:15:31,880 --> 02:15:38,540 and five performs such other functions and duties as the city council may from time to time 1257 02:15:38,540 --> 02:15:43,300 direct and or provide within the banning municipal code. 1258 02:15:46,180 --> 02:15:49,140 So those are the duties. 1259 02:15:53,540 --> 02:16:00,700 Okay, I'm sorry. That was a lot to take in. So is that we are able to agendaise and study 1260 02:16:00,700 --> 02:16:05,380 strengthening our land use policies around developments that may or may not be harmful 1261 02:16:05,920 --> 02:16:12,820 to the journal public? I'm sorry. You want to add things onto the agenda that are what? 1262 02:16:13,760 --> 02:16:17,880 I'm sorry, I don't want to understand. Sure, Council. So over the past few months, I've been 1263 02:16:17,880 --> 02:16:22,960 asking about agendizing strengthening our land use policies around what we just talked about. 1264 02:16:22,960 --> 02:16:29,740 about for a very specific project that's also on the invalid through the referendum. But instead 1265 02:16:29,740 --> 02:16:37,500 of us going project by project, the development or the planning department is working on 1266 02:16:37,500 --> 02:16:45,540 amending a lot of code in our municipal code to update it. So I was asking if we could adjust. 1267 02:16:45,540 --> 02:16:57,400 So in other words, whether the planning commission can on its own motion, bring up amendments to the banning municipal code, is that what you're saying? 1268 02:16:57,740 --> 02:17:02,100 Sure, we are a purview of the land policy, our land use. 1269 02:17:02,520 --> 02:17:05,720 So let me add real quick, you're talking about the general plan. 1270 02:17:07,020 --> 02:17:11,140 So the general plan update that was going on has ceased. 1271 02:17:11,140 --> 02:17:19,260 The budget has been taken away for that, so the general plan that we're currently using is the 2006 general plan. 1272 02:17:20,020 --> 02:17:30,640 If the commission desires to amend the general plan line to use policies, we have no budget to do that. 1273 02:17:32,770 --> 02:17:38,210 So it's almost as if you, we really can't bring a general plan amendment. 1274 02:17:38,210 --> 02:17:46,630 And if you want to agenda, just a general discussion, or you want to discuss or talk about 1275 02:17:46,630 --> 02:17:53,010 your ideas about what can maybe done in the future, we could put that on the agenda 1276 02:17:53,010 --> 02:17:58,370 as the study session as a general business side of and so you could at least talk about 1277 02:17:59,070 --> 02:17:59,610 it. 1278 02:17:59,670 --> 02:18:05,350 But if you direct us to do something that's going to require a budget, then we have to get approval 1279 02:18:05,350 --> 02:18:08,110 from city council to do that. 1280 02:18:08,210 --> 02:18:08,890 I got it. 1281 02:18:09,370 --> 02:18:12,350 So the difference between, I've been asking to agendize 1282 02:18:12,350 --> 02:18:14,550 the discussion of strengthening the land use policies, 1283 02:18:15,270 --> 02:18:17,810 but I should have been saying agendizing a study session. 1284 02:18:17,930 --> 02:18:19,470 I'm strengthening our land use policies. 1285 02:18:20,150 --> 02:18:22,450 Well, that's a very vague, strengthening land use policy. 1286 02:18:22,610 --> 02:18:24,290 I have no idea what you're talking about. 1287 02:18:25,050 --> 02:18:26,850 That's a wide variety of things. 1288 02:18:27,690 --> 02:18:30,030 But we can just have a general discussion, 1289 02:18:31,550 --> 02:18:34,230 a general discussion of the city's land use policies 1290 02:18:34,230 --> 02:18:41,210 And then you guys can discuss what that is and what you'd like or what you don't like or what you'd like to see. 1291 02:18:41,410 --> 02:18:49,050 I'm confused, Mr. Raskin. I was, because I've been asking about best ice, detention facilities, 1292 02:18:49,270 --> 02:18:55,790 or detention facilities in general and data centers. I thought I was particular on that. 1293 02:18:55,950 --> 02:19:03,670 I think we can discuss future plans and recommendations but we can't actually enact or implement anything at this point in time. 1294 02:19:03,670 --> 02:19:07,910 So it may be good to have those study sessions or discussions for one the time is right? 1295 02:19:08,030 --> 02:19:10,650 We already have the plan in place. 1296 02:19:11,050 --> 02:19:15,390 Yeah, when we, I guess, pull down the funding and that would be a council direction. 1297 02:19:16,790 --> 02:19:17,510 So our hands are tied. 1298 02:19:17,830 --> 02:19:17,970 Okay. 1299 02:19:18,050 --> 02:19:19,930 I just wanted to get that clarification. 1300 02:19:21,070 --> 02:19:21,250 Cool. 1301 02:19:22,110 --> 02:19:27,610 So then let's move to a adjourn before we adjourn though. 1302 02:19:27,870 --> 02:19:30,170 Can you confirm the next date of our regular meeting? 1303 02:19:32,050 --> 02:19:32,270 October. 1304 02:19:32,530 --> 02:19:32,950 October. 1305 02:19:32,950 --> 02:19:40,450 seven. I don't, yes, October 7th. All right, you all. So our next, oh, literally right here. Our next 1306 02:19:40,450 --> 02:19:45,710 planning commission meeting is Wednesday, October 7th. Can we get a, and we hope to see you all there? 1307 02:19:46,010 --> 02:19:57,170 Can we get a motion to adjourn tonight's meeting? Motion to adjourn tonight's meeting. Thank you, 1308 02:19:59,190 --> 02:19:59,790 right now. 1309 02:20:00,000 --> 02:20:10,540 Aye, Mr. Evans, yes, Mr. Light, aye, and aye, yes, Mr. Marshal? Yes, Mr. Marshal. Yes, Mr. Marshal. Yes, Mr. Marshal. Yes, Mr. Marshal. Yes. 1310 02:20:13,460 --> 02:20:18,080 All right. Media adjourned at 7.53 PM. Enjoy your evening, y'all. Thanks for coming.