1 00:00:52,880 --> 00:01:02,360 Senator Carla Torres-Aluna, commissioner Damian Perez, commissioner Julio Rodriguez, commissioner 2 00:01:02,360 --> 00:01:08,940 Peter Hernandez for the record is absent, and for the record chair, Stephen Belong, it's 3 00:01:08,940 --> 00:01:14,760 also absent. Thank you. And commissioners, is there someone who'd like to lead us 4 00:01:34,280 --> 00:01:43,760 in the 5 00:01:43,760 --> 00:01:50,340 public comment for an item that's not on the agenda within the subject matter jurisdiction 6 00:01:50,340 --> 00:01:51,220 of the commission. 7 00:01:51,760 --> 00:01:56,600 Spear cards are available in the lobby and are to be completed given to staff before 8 00:01:56,600 --> 00:01:57,220 speaking. 9 00:01:59,060 --> 00:02:03,020 When the commission secretary calls your name, please come to the podium, state your name, 10 00:02:03,580 --> 00:02:05,540 city for the records, speak to the commission. 11 00:02:05,800 --> 00:02:09,900 If you're joining us by Zoom, click on the bottom of your screen to raise your hand. 12 00:02:09,900 --> 00:02:19,240 If you're joining us by Zoom using a cell phone press star 9 each speaker will be limited to three minutes with a maximum of 30 minutes per subject 13 00:02:19,240 --> 00:02:26,020 Please note that the state law prohibits a commission from discussing or taking action on any item on the agenda. 14 00:02:31,140 --> 00:02:31,740 Yes, speakers. 15 00:02:35,230 --> 00:02:38,930 Do we have so we can move on to consent items? 16 00:02:39,610 --> 00:02:46,610 Do we have questions from the commission on items on the consent agenda or are there any items that the commission would like to pull? 17 00:02:46,610 --> 00:02:47,490 Do 18 00:02:53,540 --> 00:02:57,820 we have staff? Do we have any public comments on items from the consent agenda? 19 00:03:01,440 --> 00:03:05,740 Yes, speakers. Is there a motion to approve the consent agenda? 20 00:03:09,400 --> 00:03:18,500 Motion to approve. All second. All in favor? Aye. Aye. Anyone opposed? No 21 00:03:18,500 --> 00:03:24,200 abstentions? Motion carries. And moving on to public hearings, may we have the 22 00:03:24,200 --> 00:03:27,160 staff report for item 6.1. 23 00:03:28,120 --> 00:03:33,940 Good evening. The project before you is an amendment to 24 00:03:33,940 --> 00:03:38,120 tentative map 2021-5 for the creamer province 25 00:03:39,480 --> 00:03:40,320 subdivision. 26 00:03:46,040 --> 00:03:47,660 So this is the location of the project. 27 00:03:48,500 --> 00:03:54,060 It's along Chapel Road and Pacific Way and just south 28 00:03:54,060 --> 00:03:56,660 west of Highway 25. 29 00:03:59,550 --> 00:04:05,970 So the project location, the project is an approximately 18.24 acre 30 00:04:05,970 --> 00:04:12,650 vacant lot currently. It's in the low density residential performance overlay zoning district. 31 00:04:13,170 --> 00:04:20,610 This zoning district allows for single-family detached units, but it also allows for modified 32 00:04:20,610 --> 00:04:23,510 by development standards with approval 33 00:04:23,510 --> 00:04:26,330 of the conditional use permit for a planning and development. 34 00:04:26,990 --> 00:04:29,850 This project does have, when it was originally approved, 35 00:04:31,190 --> 00:04:33,090 as attended about 2021-5, 36 00:04:33,430 --> 00:04:35,390 does have an approved conditional use permit 37 00:04:35,390 --> 00:04:37,030 for that planning and development. 38 00:04:38,650 --> 00:04:42,850 So this project is part of the Chapel Road Master Plan, 39 00:04:43,430 --> 00:04:48,290 which includes other housing developments 40 00:04:48,290 --> 00:04:56,750 and a commercial component, which offers different public benefits like commercial component, 41 00:04:57,590 --> 00:05:03,650 proposed dog parks, other parks, bike paths, knocking paths, things like that. 42 00:05:03,890 --> 00:05:11,530 So the project description, so the project is proposing to amend Canada Map 2021-5, 43 00:05:11,850 --> 00:05:16,610 which was formally approved as a single family residential subdivision, known as Cramer Commons. 44 00:05:17,390 --> 00:05:24,990 What the amendment will do is it will reduce the total unit count, unit lot count from 90 to 86 lots. 45 00:05:25,670 --> 00:05:33,670 It'll designate 70 lots for single-family detached and 16 lots for duet single-family homes. 46 00:05:34,430 --> 00:05:40,350 This parcel B will be designated as a location for a required sanitary sewer solicitation. 47 00:05:41,110 --> 00:05:48,570 The streets will be a real line to allow for the relocation of the 16 duet style lots. 48 00:05:49,490 --> 00:05:57,750 The 16 duet style lots are being moved and the next slide will show the map but the duet 49 00:05:57,750 --> 00:06:04,390 style lots are being moved from the northern part of the parcel to the southern part of the property 50 00:06:04,390 --> 00:06:11,050 and that so they can better achieve sound litigation requirements because as is approved, 51 00:06:11,370 --> 00:06:17,490 the homes are closer to Highway 25. And then also as part of the amendment, 52 00:06:18,630 --> 00:06:26,290 the park will increase from about an acre and a half to three acres. Access will continue as is 53 00:06:26,290 --> 00:06:33,230 currently approved under TM 2021-5 where primary access will be along Chapel Road and then 54 00:06:33,230 --> 00:06:35,430 you have secondary access along Pacific Way. 55 00:06:37,250 --> 00:06:43,260 So this is the proposed map, says a laser, isn't it? 56 00:06:44,640 --> 00:06:45,840 And it doesn't really show on that. 57 00:06:47,220 --> 00:06:53,300 Anyway, so the lots running along the southern part of the property, there's 16 lots there. 58 00:06:53,300 --> 00:06:58,680 There's, I think there's 20 lots there, but 16 of those lots are for the duets. 59 00:07:00,100 --> 00:07:06,480 They've been relocated from the very northern part running along Highway 25. 60 00:07:07,180 --> 00:07:09,460 Those lots are now single family detached. 61 00:07:10,420 --> 00:07:21,640 Also, the park runs from the southeast portion of the parcel and it runs along Highway 25 62 00:07:21,640 --> 00:07:26,380 to the northwest part of the parcel. 63 00:07:26,640 --> 00:07:31,520 If you can make out on the map, it says parcel A, that's the part. 64 00:07:34,740 --> 00:07:43,640 So as I mentioned, the 10th of the map 2021-5 was also approved with conditional permit 65 00:07:43,640 --> 00:07:50,020 2022-2 for the planning of development, and with that it was created project specific development 66 00:07:50,020 --> 00:07:56,720 standards and those development standards are not changing, just the map is being amended. 67 00:07:58,200 --> 00:08:07,800 So briefly, this table shows the development standards for the R1 zoning district, the 68 00:08:07,800 --> 00:08:12,840 low density residential, that's on the left, and then there's the approved project specific 69 00:08:12,840 --> 00:08:14,280 development standards on the right. 70 00:08:14,280 --> 00:08:21,260 So for example, the minimum lot size will go from 5,500 square feet, now it's 4,400 square 71 00:08:21,260 --> 00:08:25,120 feet, and the average lot size is about 4,500 square feet. 72 00:08:26,060 --> 00:08:31,840 And then you can see that the development standards have changed slightly from R1 to the 73 00:08:31,840 --> 00:08:33,380 project specific development standards. 74 00:08:35,280 --> 00:08:43,600 And so this one is specific to the single family detached lots, and this table is specific 75 00:08:43,600 --> 00:08:50,720 to the development standards of the duet style lots. Minimum lot size, 5500, and then under 76 00:08:50,720 --> 00:08:59,720 for the duet project specific development standards, the minimum lot size is 3,000, or 60, with 77 00:08:59,720 --> 00:09:02,220 an average lot size, 3,000, or 3,000, or 93. 78 00:09:04,260 --> 00:09:07,140 So a little bit more about the amendment. 79 00:09:07,140 --> 00:09:17,640 The project was previously approved under resolution 2022-22, that was for the 10th of the map. 80 00:09:18,840 --> 00:09:24,680 And the project has been granted an automatic extension under AB 2729. 81 00:09:25,740 --> 00:09:32,980 And with the new extension date, the current extension date would have been November 17, 2025. 82 00:09:32,980 --> 00:09:43,520 it's since been extended to, excuse me, November 17th, 2024, it's now been extended to May 17th, 2026. 83 00:09:45,140 --> 00:09:52,400 Also being amended, along with the map, are the conditions to make them project specific, to be reflective of the amendments. 84 00:09:52,400 --> 00:10:06,360 So a couple of the conditions that are changing, this is the condition, former condition 11 reflects the timing of construction for the duets in the single family. 85 00:10:07,700 --> 00:10:18,880 So the building permits for the 16 duet units must be issued prior to the issuance of the building permit for the 35th single family detachment. 86 00:10:18,880 --> 00:10:27,680 And occupancy must be granted for all 16 units ahead of occupancy for the 70th single 87 00:10:27,680 --> 00:10:28,980 family detached unit. 88 00:10:29,600 --> 00:10:36,720 So that condition is just being revised to reflect the reduced lock count. 89 00:10:37,960 --> 00:10:47,520 Also condition 81, that's been revised to reflect the current fair share cost for 90 00:10:49,100 --> 00:10:50,620 infrastructure improvements. 91 00:10:52,860 --> 00:10:57,760 So the project is complied with the general plan. It's in the 92 00:10:57,760 --> 00:11:04,820 low density residential general plan designation which it's intended to promote and protect 93 00:11:04,820 --> 00:11:10,580 single-family neighborhoods while providing sites for single-family detached units. Also zero 94 00:11:10,580 --> 00:11:17,180 lot-line single-family units and plan unit developments. As I mentioned this project does have 95 00:11:17,180 --> 00:11:23,800 conditionally used permit for a plan unit development that was approved with the 96 00:11:23,800 --> 00:11:32,380 tentative map 2025-1. The project also meets the is within the required 97 00:11:32,380 --> 00:11:38,460 density of one to eight dwelling units per acre. It's approximately 4.72 98 00:11:38,460 --> 00:11:46,100 dwelling units per acre. It also complies with the health and safety goals set 99 00:11:46,100 --> 00:11:53,040 forth in the health and safety element, namely for noise reduction because of the location, 100 00:11:55,200 --> 00:12:02,480 because the parcel of butts, highway 25, there's noise requirements for this. 101 00:12:03,060 --> 00:12:16,080 So the applicant had, when they originally applied, they submitted a noise study and that 102 00:12:16,080 --> 00:12:24,940 measures and then also attenuation measures that the applicant would put forth for the project. 103 00:12:26,400 --> 00:12:37,200 And then those noise requirements also complied with the health and safety element goals. 104 00:12:37,800 --> 00:12:44,580 One of those requirements is that a berm along, as opposed to a sound wall, a berm along 105 00:12:44,580 --> 00:12:50,260 highway 25 would be a minimum of 10 feet tall, and then also that when the applicant 106 00:12:50,260 --> 00:12:58,740 applies for the site and architectural for the duets that they have to provide documentation 107 00:12:58,740 --> 00:13:05,320 showing that further noise attenuation would be implemented during the design and development 108 00:13:05,320 --> 00:13:08,180 of the state individual units. 109 00:13:09,560 --> 00:13:13,700 The project is complied with the zoning code. 110 00:13:14,440 --> 00:13:16,540 Again, I mentioned it's in the low-density residential 111 00:13:16,540 --> 00:13:19,680 performance overlay zoning district, which 112 00:13:19,680 --> 00:13:23,400 paussers development, that means a range of densities 113 00:13:24,680 --> 00:13:27,060 that complies with the general plan that 114 00:13:27,060 --> 00:13:31,400 has flexible standards and implement policies 115 00:13:31,400 --> 00:13:34,640 and programs of the general plan. 116 00:13:36,760 --> 00:13:47,400 Again, this project complies with the zoning code because it's got specific, it has an 117 00:13:47,400 --> 00:13:52,220 approved, conditionally used permit for the plan unit development that designates specific 118 00:13:52,220 --> 00:13:53,720 project development standards. 119 00:13:53,720 --> 00:13:53,920 projects. 120 00:13:55,980 --> 00:14:04,480 The project is in compliance with CEQA. So for the Chapel Road master plan, 121 00:14:05,750 --> 00:14:10,820 there was the City of Hollister certified the Environmental Impact Report for that project. 122 00:14:12,080 --> 00:14:22,160 That project studied a certain number of homes, 10 in the map 2021-5 was included in that 123 00:14:22,160 --> 00:14:31,120 and still continues to meet what was studied even with the amendments and no further study is required. 124 00:14:33,000 --> 00:14:43,740 So just to summarize, the project amends 10 to the map 2021-5, which had been previously approved and adopted. 125 00:14:43,740 --> 00:14:51,700 and many of these amendments relocating the duet lots to the south is to meet noise 126 00:14:51,700 --> 00:14:59,300 requirements, mitigations, and then attenuation. The project as proposed is consistent with 127 00:14:59,300 --> 00:14:59,720 for low density. 128 00:15:16,080 --> 00:15:29,880 So, you have a couple of options. You can, one, adopt a resolution, approving tentative map 2021-5 amendment. Subject to the Finance and Conditions Conditions Conditioning in the 129 00:15:29,880 --> 00:15:34,320 draft resolution. You can adopt a resolution approving a tentative 130 00:15:34,320 --> 00:15:40,600 tentative map 2021-5 amendment with findings or conditions of approval as 131 00:15:40,600 --> 00:15:46,240 modified by the commission. You can deny the project or you can continue to 132 00:15:46,240 --> 00:15:50,660 hear and direct staff to provide additional information or clarification if 133 00:15:50,660 --> 00:15:54,040 that's needed. Staff does recommend option one. 134 00:15:56,390 --> 00:15:58,030 Thank you. Do we have questions 135 00:15:58,030 --> 00:15:58,730 from the commission? 136 00:16:04,720 --> 00:16:10,620 Just for clarification. So the changes would be the duets, correct? 137 00:16:10,800 --> 00:16:18,900 It sounds like reducing the single family home's for duets, basically. 138 00:16:19,440 --> 00:16:24,620 So the duets were already approved as part of 10 to the map, 20, 20, 25. You're just reducing 139 00:16:25,020 --> 00:16:30,000 the total walk count. And that was mainly so they could relocate the duet lots from the 140 00:16:30,000 --> 00:16:31,480 north part of the parcel to the south. 141 00:16:31,820 --> 00:16:32,440 Got it. 142 00:16:32,540 --> 00:16:32,660 Okay. 143 00:16:32,940 --> 00:16:33,020 Yeah. 144 00:16:33,160 --> 00:16:35,700 So the duet lock count isn't changing. 145 00:16:35,980 --> 00:16:36,200 Okay. 146 00:16:36,460 --> 00:16:36,540 Yeah. 147 00:16:37,280 --> 00:16:40,180 The single family detached lock count is changing. 148 00:16:40,480 --> 00:16:40,800 Gotcha. 149 00:16:41,740 --> 00:16:44,700 Is this approval for the entire project which is for the amendment? 150 00:16:45,120 --> 00:16:46,580 Like, what is the scope of their approval? 151 00:16:46,820 --> 00:16:50,080 It's for the amendment because the tenant and the map had already been approved and adopted. 152 00:16:50,680 --> 00:16:50,960 Okay. 153 00:16:51,020 --> 00:16:53,800 So you're basically approving the changes. 154 00:16:54,500 --> 00:16:54,780 What's that? 155 00:16:58,640 --> 00:17:04,260 Yeah, the reduction in units and then the change to the design, which is relocating the 156 00:17:04,260 --> 00:17:10,000 duets. And is the CUP similar to the density bonus? 157 00:17:11,980 --> 00:17:17,460 No, so the conditional use permit for plan development is the way that the city previously 158 00:17:18,440 --> 00:17:24,880 did plan developments, which we've since modified, I believe that was in 2022, we changed the code. 159 00:17:25,560 --> 00:17:32,000 But at the time that this was approved, that was the way that projects would get their own development standards. 160 00:17:32,440 --> 00:17:37,640 So essentially this project kind of has its own zoning because of that CUP. 161 00:17:37,860 --> 00:17:44,080 So they have reduced side yard setbacks, the reduced lock lot size, 162 00:17:44,080 --> 00:17:48,640 which comes with that performance overlay zoning to allow smaller lot size and then they 163 00:17:48,640 --> 00:17:53,060 also needed it for setbacks for the duets because they share a wall so that was a zero 164 00:17:53,060 --> 00:17:58,560 law line. So it has slightly different standards from your standard R1 zoning because of that 165 00:17:58,560 --> 00:18:02,820 PUD and that's still valid because the map is still valid and like Brandon mentioned in his 166 00:18:02,820 --> 00:18:08,000 report they qualified for an automatic 18 month extension. So the current map is still valid 167 00:18:08,000 --> 00:18:12,620 until next May and then this would be amending it so instead of the current map they would 168 00:18:12,620 --> 00:18:15,360 be moving forward through the process to develop this map. 169 00:18:19,410 --> 00:18:19,930 Other questions? 170 00:18:20,510 --> 00:18:23,930 Sanchez, even from the unit reduction or what's not on the do it? So it wasn't the single family. 171 00:18:24,670 --> 00:18:25,830 Single family, let's go. 172 00:18:28,260 --> 00:18:33,820 I have a question. I'm just curious why this is to reduce the noise. 173 00:18:34,020 --> 00:18:39,800 This is to mitigate the noise. Was that the purpose? Generally to, yeah, to better mitigate 174 00:18:39,800 --> 00:18:47,600 the potential noise impacts. So my follow-up question is I'm just curious. We know the 25 has been there. 175 00:18:47,940 --> 00:18:50,880 Why wasn't that a consideration from the beginning, do you know? 176 00:18:51,820 --> 00:18:52,700 I'm sorry, 25. 177 00:18:53,140 --> 00:18:58,400 I can speak to the original approval a little bit. 178 00:18:58,620 --> 00:19:04,740 I think that at the time that this project was originally being reviewed, the city was 179 00:19:04,740 --> 00:19:09,720 not processing the site architectural design of the duets at the same time as the map. 180 00:19:10,180 --> 00:19:11,200 This is a modern semiddle. 181 00:19:11,380 --> 00:19:16,180 We would make sure those design were incorporated into the project so we could review it as a 182 00:19:16,180 --> 00:19:20,980 whole. But part of the Chapel Road master plan overall, which 183 00:19:20,980 --> 00:19:25,580 this is just one of 13 lots that's within it, was the goals of 184 00:19:25,580 --> 00:19:29,400 the council were to avoid sound rolls on 25. And so there was 185 00:19:29,400 --> 00:19:34,420 always a berm requirement instead to mitigate noise. But there 186 00:19:34,420 --> 00:19:38,420 was also a desire to have homes fronting onto that linear 187 00:19:38,420 --> 00:19:41,600 parkway to avoid them, you know, backing into it so that they 188 00:19:41,600 --> 00:19:45,380 had more direct access and the view of it. So this part, this 189 00:19:45,380 --> 00:19:52,800 This parcel in particular needed additional noise analysis and it seems through the applicants 190 00:19:52,800 --> 00:19:59,080 working on getting towards their civil and their specific and prevent plan semiddles to 191 00:19:59,080 --> 00:20:04,680 the city to develop the map that in order to design those duet lots to meet the noise study 192 00:20:04,680 --> 00:20:08,380 that they did and the requirements for the duets because they have a slightly different 193 00:20:08,380 --> 00:20:10,680 noise requirement than the detached single family. 194 00:20:10,960 --> 00:20:14,820 It made more sense for them to propose this amendment so that they can move the duets 195 00:20:14,820 --> 00:20:20,960 better meet that noise analysis. Thank you for explaining. Other questions before we go to 196 00:20:20,960 --> 00:20:26,360 the public hearing? Yeah we're just kind of a question follow a question with the noise. 197 00:20:27,240 --> 00:20:31,760 So I do know on Highway 25 and this may be completely be going out of the purview of 198 00:20:31,760 --> 00:20:37,780 the scope of this but I still it's important I think to get this on record. So I know Highway 25, 199 00:20:37,780 --> 00:20:43,120 The sound walls that are on Highway 25, that's a Calt Transmitigation, right? 200 00:20:43,300 --> 00:20:46,100 Those big sound walls that are built? 201 00:20:47,140 --> 00:20:49,980 It's not necessarily a Calt Transmitigation. 202 00:20:50,160 --> 00:20:53,080 It would have been to mitigate noise in those subdivisions. 203 00:20:53,220 --> 00:20:55,260 So we have the Cerratos of Division to the south. 204 00:20:55,540 --> 00:21:01,100 And when the Chapel Road Master Plan was going through the annexation process and the EIR, 205 00:21:01,500 --> 00:21:06,080 part of the Council's direction was that they did not want to continue the sound wall corridor 206 00:21:06,080 --> 00:21:11,000 that we have as we move north and so this project and other projects in the 207 00:21:11,000 --> 00:21:15,800 Chapel Road Master Plan area are obligated to mitigate noise from the highway 208 00:21:15,800 --> 00:21:19,900 still because that's required to develop but in a way that doesn't include 209 00:21:19,900 --> 00:21:24,680 sound walls because that was the city's desire. Okay yeah I'm a did some all among the 210 00:21:24,680 --> 00:21:28,980 opposite like yeah but now that makes sense yeah so it was you know all these past 211 00:21:28,980 --> 00:21:32,400 developments that are currently built created the sound wall corridor and the 212 00:21:32,400 --> 00:21:35,820 city wanted to move away from that as we continued to develop on and around 213 00:21:35,820 --> 00:21:39,480 on Highway 25, so this project is not putting in a sound wall. 214 00:21:39,780 --> 00:21:41,040 Oh, it also links for the clarification. 215 00:21:41,880 --> 00:21:43,980 Then just that one more question with the, 216 00:21:44,200 --> 00:21:45,740 which city council was that? 217 00:21:46,140 --> 00:21:49,680 Is that a recent or this would have been in 2018, 2019. 218 00:21:51,740 --> 00:21:55,420 So the annexation was in 2019, 219 00:21:55,820 --> 00:21:59,600 the Chapel Road Master Plan EIR began in 2015. 220 00:21:59,600 --> 00:22:03,920 So it's been quite a few years that not this map in itself, 221 00:22:03,920 --> 00:22:06,720 but the Chapel Road Project overall has been considered. 222 00:22:07,320 --> 00:22:08,280 Thank you. 223 00:22:10,600 --> 00:22:14,740 The project was considered an infill project when it was first proposed. 224 00:22:15,840 --> 00:22:22,440 It was a hot topic because ultimately it's still towards the extent of the outskirts of the town. 225 00:22:24,580 --> 00:22:33,440 So it's upon interpretation, I guess, which whoever has the legal backing has been the issue. 226 00:22:34,960 --> 00:22:42,380 Thank you. Let's go ahead and open the public hearing at 622. And do we have a presentation 227 00:22:42,380 --> 00:22:43,880 from the applicant on the site? 228 00:22:45,380 --> 00:22:47,220 We do. Yeah, we have the applicant on it. 229 00:22:47,220 --> 00:22:50,560 Oh, yes, we have Peter Smith online. 230 00:23:04,590 --> 00:23:04,890 Can you? 231 00:23:06,610 --> 00:23:07,890 Mr. Peter Smith? 232 00:23:09,210 --> 00:23:10,250 It's really quiet. 233 00:23:10,690 --> 00:23:12,630 Can we give maybe our system hang on? 234 00:23:12,950 --> 00:23:17,450 YouTube can interpret that? Give us a minute, Mr. Smith. 235 00:23:21,550 --> 00:23:22,730 I could hear it on this one. 236 00:23:27,610 --> 00:23:31,390 You could hear it, too? Yeah, all right. 237 00:23:34,600 --> 00:23:41,360 If you could just see if your sound comes out, I think we're just having an issue on our 238 00:23:41,360 --> 00:23:46,840 speakers on our end, but we can hear you. We might not have the best recording, but if you could just, 239 00:23:48,900 --> 00:23:50,860 What if I put the microphone there? 240 00:23:51,620 --> 00:23:52,240 We can hear you. 241 00:23:53,760 --> 00:23:55,300 It's just very quiet. 242 00:23:56,040 --> 00:23:57,020 I think we can move forward. 243 00:23:57,220 --> 00:23:58,740 I think it's just very quiet. 244 00:23:58,980 --> 00:23:59,700 But I think it'll be okay. 245 00:24:00,180 --> 00:24:01,120 Go ahead. You'll have five minutes. 246 00:24:01,680 --> 00:24:02,320 I'll talk loud. 247 00:24:24,830 --> 00:24:27,750 Does anyone have any questions for the applicant? 248 00:24:32,230 --> 00:24:34,650 No, it looks like we do not have any questions. 249 00:24:35,230 --> 00:24:37,050 I think the only thing I noticed, 250 00:24:37,050 --> 00:24:39,030 which was a positive is the 251 00:24:40,190 --> 00:24:41,710 in one of the slides 252 00:24:41,710 --> 00:24:43,830 It's about the park. 253 00:24:44,830 --> 00:24:49,350 Yeah, the parks increasing from parks increasing about an acre and a half to three acres, I believe. 254 00:24:49,690 --> 00:24:51,010 I believe that's what's on the map. 255 00:24:51,770 --> 00:24:59,730 And was there any other changes besides just the park increasing orders to the applicant. 256 00:25:27,080 --> 00:25:27,520 Thank you. 257 00:25:29,000 --> 00:25:31,740 So no other questions from the commission. 258 00:25:32,540 --> 00:25:33,340 Thank you. 259 00:25:34,700 --> 00:25:35,580 We'll go ahead. 260 00:25:35,680 --> 00:25:37,720 Do we have any public comments on this item? 261 00:25:40,750 --> 00:25:41,970 We have no additional comments. 262 00:25:41,970 --> 00:25:46,610 Okay, and then we will go ahead and close the public hearing at 625. 263 00:25:47,230 --> 00:25:50,350 Is there any further discussion from the commission on this item? 264 00:25:58,620 --> 00:25:58,900 Thank you. 265 00:25:59,320 --> 00:25:59,840 I'll make it. 266 00:26:00,180 --> 00:26:00,920 What do you all think? 267 00:26:01,360 --> 00:26:06,860 I'll make a motion to adopt the agenda item 6.1 for the amendment on the tentative map. 268 00:26:08,980 --> 00:26:16,700 2021, five, grammar, common subdivision to reduce slot count from 91 to 86 slots and relocate the duet units. 269 00:26:19,040 --> 00:26:25,540 second. Okay. Do we want to go ahead and vote or is there any discussion? 270 00:26:26,580 --> 00:26:30,940 We're good. Okay. All in favor? Aye. Aye. Any opposed? 271 00:26:32,240 --> 00:26:39,660 Abstentions? Motion carries. Item 7. So Madam Chair, really quick before we move on to the item. 272 00:26:39,800 --> 00:26:45,720 I just you weren't at the past meeting and so just a quick update, you know, 273 00:26:45,720 --> 00:26:52,000 So, ultimately saw the agenda and I didn't get a chance and I apologize for being late. 274 00:26:52,100 --> 00:26:58,520 I had a very busy day, but the minutes were incorrect because they didn't have any input 275 00:26:59,480 --> 00:27:05,440 which brings it to my next point that the inputs and the other commissioners that are present 276 00:27:05,440 --> 00:27:12,100 were here where I made recommendations, basically recommendations to send to the city council 277 00:27:12,100 --> 00:27:16,800 on the men mean the planning process or at least considering a little bit more transparency. 278 00:27:17,820 --> 00:27:21,760 And I would argue efficiency had sounded like the commission agreed. 279 00:27:22,620 --> 00:27:25,940 And there's no minutes reflecting any of that information. 280 00:27:27,140 --> 00:27:34,620 And then also there's, and I know the city council attorney would said that they would consider, 281 00:27:34,780 --> 00:27:38,400 she would consider basically whatever the agenda items that I had made recommendations 282 00:27:38,400 --> 00:27:53,260 If there was any legal issues, got no information on whether that was an issue or not, which I would argue it wasn't, but regardless, the final point is there was no added, you know, we all agreed. 283 00:27:53,600 --> 00:28:04,360 And so there was no added agenda item that talked about these because it was really supposed to be a discussion on the policy, the policy considerations or recommendations to the city council. 284 00:28:04,360 --> 00:28:08,760 So, I'm really disappointed, you know, I don't understand. 285 00:28:08,960 --> 00:28:11,880 There's no really excuse in my mind why this didn't come forward. 286 00:28:13,060 --> 00:28:18,840 So, and I did talk to City Councilman Rosendez about it, and he's going to definitely address 287 00:28:18,840 --> 00:28:19,160 it. 288 00:28:19,780 --> 00:28:26,500 So, I mean, I mean, I'd be even interested in maybe suspending the rules, and I'm NDB Agenda 289 00:28:26,500 --> 00:28:28,880 to include that item, because I think it's really important. 290 00:28:29,080 --> 00:28:33,080 I mean, if we really want to see economic development, which is technically the goal of the general 291 00:28:33,080 --> 00:28:37,420 plan and ultimately the city council in adopting it, then we need to address these issues. 292 00:28:37,660 --> 00:28:40,480 I keep getting calls about issues with the planning process yet. 293 00:28:40,980 --> 00:28:45,980 We got a presentation which I appreciate, but now we're looking into remedies and somehow 294 00:28:45,980 --> 00:28:48,660 we're at spin sideline which I don't appreciate. 295 00:28:49,640 --> 00:28:56,300 So procedurally, are we, is your request to amend the, to go back and look at the minutes? 296 00:28:57,520 --> 00:29:01,280 understanding was that what we're asking for was out of our scope out of our 297 00:29:01,280 --> 00:29:05,680 by-laws so maybe that's why they've been to make it in that was my assumption and I 298 00:29:05,680 --> 00:29:10,260 appreciate that but ultimately there was no there was no follow-up right that 299 00:29:10,260 --> 00:29:13,700 was that that was the commitment it's a recorded meeting you can pull it up 300 00:29:13,700 --> 00:29:17,920 yourself hey we're gonna let you know if there's any issues I mean at the end of 301 00:29:17,920 --> 00:29:22,040 the day we're asking for recommendations right we're not actually making 302 00:29:22,040 --> 00:29:27,440 policy ourselves. They could say, go fly a kite, right? But it doesn't, at the end of 303 00:29:27,440 --> 00:29:30,460 the day, it's like it's something that it was a consideration, because we had a thorough 304 00:29:30,460 --> 00:29:35,780 discussion about it. There's a whole reason for a whole agenda, a generalized conversation 305 00:29:35,780 --> 00:29:41,140 about all these different issues. We even had applicants here, even giving their input 306 00:29:41,140 --> 00:29:46,580 about the potential amendments. And so it's just false flat. I mean, as far as I'm concerned, 307 00:29:47,140 --> 00:29:56,340 If that's the way the Planning Commission wants to run things and staff, then personally, I think I could use my time better if our input doesn't matter, right? 308 00:29:56,580 --> 00:29:59,980 At that point, it should be just the fact that the city point- 309 00:30:00,000 --> 00:30:29,980 The planning department making decisions without the authority of the planning commissioners that are volunteers in this position. And I do remember that we had asked some similar questions two months ago. As we were asking about policy and so it sounds like it followed up. Is there a way, I guess, then procedurally, how do we go back? And so you can reconsider approval of the minutes is that what you're asking. So to reconsider an item that's been approved. 310 00:30:29,980 --> 00:30:36,680 somebody who voted in favor needs to make a motion to reconsider take a vote to reconsider if there's a majority vote 311 00:30:36,680 --> 00:30:42,060 Then you can go back and reconsider that item. Okay. Is there so that would be 312 00:30:42,760 --> 00:30:47,820 Is there a sort of all make a motion if we could reconsider it has to be somebody who voted in favor 313 00:30:47,820 --> 00:30:53,440 So any of the other three can make the motion to reconsider the 314 00:30:53,440 --> 00:31:00,320 Reconciter the minutes you're saying for seven to open it up and add these items back 315 00:31:00,320 --> 00:31:09,380 Yeah, you'll just go back to the consent item 5.1 and just redo what you already did, essentially. 316 00:31:09,720 --> 00:31:13,660 So the chair will first show vote to reconsider if there's a majority that votes yes. 317 00:31:14,460 --> 00:31:22,240 The chair will say will now open item 5.1 and just basically redo the item that you've already done. 318 00:31:22,420 --> 00:31:22,980 For the agenda. 319 00:31:24,680 --> 00:31:28,160 So reconsider amending the agenda 5.1, right? 320 00:31:28,160 --> 00:31:32,160 was it five point yeah I'll you're ultimately going to make two votes the 321 00:31:32,160 --> 00:31:35,820 first one will be like do we all want to reconsider it yes or no and then if 322 00:31:35,820 --> 00:31:40,680 you vote yes then you'll go back reconsider it and take a vote. Oh gosh it I like 323 00:31:40,680 --> 00:31:49,240 to make a motion to open up agenda item 5.1 approving the October 23rd 20 25 324 00:31:49,240 --> 00:31:58,980 minutes. Second. All in favor? All right. Okay, so now we go ahead and we have 325 00:31:58,980 --> 00:32:03,500 the discussion about the agenda. Yeah, and redo the whole thing just like you 326 00:32:03,500 --> 00:32:06,840 would have. So and I'll try to be I don't want to hold people up right we all 327 00:32:06,840 --> 00:32:12,320 have busy lives but these were the considerations and roughly right that was a 328 00:32:12,320 --> 00:32:16,500 whole goal is I give rough recommendations you know the professionals in the 329 00:32:16,500 --> 00:32:21,960 room can help clean it up and present them as potential recommendations to the city council. 330 00:32:22,200 --> 00:32:27,700 So in the beginning of the conversation, I remember mentioning that for the sake of clarity 331 00:32:27,700 --> 00:32:32,440 for an applicant right that was partly the issue was applicants come, they apply and there 332 00:32:32,440 --> 00:32:37,280 was even discussions about a $1,500 required review fee. 333 00:32:37,280 --> 00:32:51,980 And so and technically it was almost like a non it was there was no there was no like record keeping and there definitely was any any real formality to the meeting. 334 00:32:52,520 --> 00:33:01,620 So I had asked for like an addendum number one is an addendum that actually explains the rights to the applicant and lets them know what they can expect as far as the process goes. 335 00:33:01,620 --> 00:33:08,480 number two was we don't I personally I made them sentiment that I don't agree 336 00:33:08,480 --> 00:33:12,400 with a fee if there's not any seriousness to it and even regardless of it I 337 00:33:12,400 --> 00:33:15,400 still think it's an important stage right because an applicant comes are 338 00:33:15,400 --> 00:33:19,640 expecting ultimately like they really want to invest in this community they 339 00:33:19,640 --> 00:33:23,360 want to pay the fees because they want to get direction on the planning process 340 00:33:23,360 --> 00:33:27,800 making sure they're following the law and but there was no record keep it even 341 00:33:27,800 --> 00:33:31,380 the city manager had mentioned that they didn't keep records I completely 342 00:33:31,380 --> 00:33:34,440 disagree with that. We should know what's going on from the first time in the communications, 343 00:33:35,000 --> 00:33:38,740 especially when they don't money and they're already, anytime someone don't to check, they're 344 00:33:38,740 --> 00:33:43,700 not just putting $5,500 down there, they're probably like buying the property, they're already 345 00:33:43,700 --> 00:33:49,060 securing things, so there should be a time clock from that time, and that's why there needs 346 00:33:49,060 --> 00:33:54,340 to be record keeping of that preliminary review, and basically, I don't think there should 347 00:33:54,340 --> 00:33:54,860 be a cost. 348 00:33:55,120 --> 00:33:58,760 Can I make a suggestion because really what we're talking about is inaccurate minutes. 349 00:33:58,760 --> 00:34:03,780 And so I tell me I'm making my recommendation, so if I could finish. 350 00:34:04,300 --> 00:34:13,680 Well, so, but if the minutes need to be amended, maybe the best approach would be for staff to go back and listen to the meeting again and amend the minutes. 351 00:34:14,200 --> 00:34:23,820 Well, so if it's okay with you, I actually, if it's okay with the Planning Commission, I'd like to vocalize them to repeat it so there's no ambiguity, right? 352 00:34:23,820 --> 00:34:26,620 These are the items that you would like reflect in the minutes. 353 00:34:27,160 --> 00:34:38,500 So, and then three to five days, I asked and again this is not hard and fast, but some kind of a response time that's one of the things that applicants would basically get upset about. 354 00:34:38,680 --> 00:34:50,520 It's like they take two weeks sometimes or a month to respond. So some kind of required response time and then by default, especially if there's no real response, there needs to be a trigger for an early appeal process. 355 00:34:50,520 --> 00:34:57,100 a lot of the times we don't even know how to understand what's the breakdown, especially 356 00:34:57,100 --> 00:35:02,800 when a lot of time lapses and ultimately I firmly believe that you bring up your trigger 357 00:35:02,800 --> 00:35:06,820 and early appeal process, that you know right away from the front end, what's going on 358 00:35:06,820 --> 00:35:11,700 because we'll get that information, right, because we're deciding at the long distance, right, 359 00:35:11,760 --> 00:35:13,400 by the time a lot of the issues have developed. 360 00:35:14,660 --> 00:35:19,020 And I would argue there should be at least a two week trigger, right, so it's been two weeks 361 00:35:19,020 --> 00:35:23,720 no response fine, then the applicant has the right to bring it forward to the planning commission. 362 00:35:25,100 --> 00:35:30,480 And then one of the last things was just like an organizational flow chart, right? 363 00:35:30,780 --> 00:35:35,440 Something that kind of maybe that could include it that basically explains what is the process 364 00:35:35,440 --> 00:35:39,760 who's involved, you know, who's the authority in the room when it comes to the architectural 365 00:35:39,760 --> 00:35:45,180 review or the design and the standards and ultimately the legal requirements and evaluations 366 00:35:45,180 --> 00:35:49,480 of municipal code, or potential if you don't follow these rules, like all this stuff needs 367 00:35:49,480 --> 00:35:54,040 to be on the front and so the applicant really knows how to scope out their project and 368 00:35:54,040 --> 00:35:55,840 cost and everything, right? 369 00:35:56,240 --> 00:36:01,040 I keep getting calls that, like I've done a ton of money into this, Peter, and I still don't 370 00:36:01,040 --> 00:36:03,020 know what's going on, like that to me is crazy. 371 00:36:04,320 --> 00:36:08,520 I, for the sake of economic development, I think these things would actually improve commercial 372 00:36:08,520 --> 00:36:09,400 projects for sure. 373 00:36:10,640 --> 00:36:16,700 So I think we all heard the items that I think you want to be reflected in the minutes. 374 00:36:18,000 --> 00:36:26,140 So then with that, then do we have a motion, we make a motion to approve the minutes as amended? 375 00:36:27,180 --> 00:36:29,920 If you agree with my statement. 376 00:36:30,300 --> 00:36:32,280 If we can get a motion. 377 00:36:33,780 --> 00:36:40,200 I'll make a motion to adopt the minutes as restated by Commissioner Hernandez. 378 00:36:41,820 --> 00:36:42,860 I have a question, though. 379 00:36:43,400 --> 00:36:45,040 So, what should we expect in the minutes then? 380 00:36:45,560 --> 00:36:48,500 Because they're probably generally a discussion held close. 381 00:36:49,400 --> 00:36:54,880 So, when we have discussions, ultimately, like, where are we expecting those details to be literally in this document? 382 00:36:55,060 --> 00:36:55,700 Because they haven't been. 383 00:36:56,100 --> 00:36:58,540 I'm just wondering if it's supposed to be. 384 00:36:58,540 --> 00:37:21,880 So, generally, we take action minutes, we don't take verbatim minutes, but it sounds like, I've written down that Commissioner Hernandez would like it to be reflected in the minutes, the discussion of an I've written down five recommendations and so what staff will do is add them. 385 00:37:21,880 --> 00:37:22,240 So, 386 00:37:24,420 --> 00:37:34,300 concern regarding a $1,500 review fee, a request to write down people's rights on—I'm 387 00:37:34,300 --> 00:37:42,380 not sure if that's on an application, but we can re-review the discussion that a recommendation 388 00:37:42,380 --> 00:37:51,560 for a 3-to-5-day response time, an early appeal process, and that there should be an organizational 389 00:37:51,560 --> 00:38:00,980 So essentially we'll amend the minutes to reflect that those recommendations were made as part or were part of the discussion. 390 00:38:01,640 --> 00:38:10,440 And I can type up an email and forward it to, you know, to staff and, you know, I know that there's brown act requirements. 391 00:38:10,640 --> 00:38:15,080 So ultimately that they can at least clean it up and send it to you. 392 00:38:15,240 --> 00:38:18,000 But I mean, it's already publicly stated, right? 393 00:38:18,000 --> 00:38:25,280 One of the things that was mentioned was the required documentation of the process, which is extremely important. 394 00:38:25,960 --> 00:38:33,160 I also just wanted to also add to that, I don't know if you guys would be interested, 395 00:38:33,300 --> 00:38:39,920 and I can retract this motion, but it's going to be a whole another month before this gets done. 396 00:38:40,400 --> 00:38:41,560 It sounds like correct. 397 00:38:42,320 --> 00:38:44,580 Okay, that's the thing. Is that correct? 398 00:38:44,580 --> 00:38:47,020 I suppose it would depend. 399 00:38:47,320 --> 00:38:52,680 So your motion right now is to amend the minutes and approve them. 400 00:38:52,800 --> 00:38:54,320 So we would just amend them. 401 00:38:54,520 --> 00:38:59,320 And if I've not stated these now six items correctly, we will. 402 00:39:00,960 --> 00:39:06,880 I would ask for correction, however, if your motion is to have staff amend them and bring 403 00:39:06,880 --> 00:39:08,080 them back to you. 404 00:39:08,280 --> 00:39:09,140 So your question? 405 00:39:09,140 --> 00:39:09,880 That would take. 406 00:39:09,880 --> 00:39:23,040 So it's actually seven items and it would reflect, it should reflect in today's agenda meeting because by amending it, we are actually adding these minutes into the October 23rd. 407 00:39:23,500 --> 00:39:28,140 So you should have that in record on file through the city website. 408 00:39:28,140 --> 00:39:34,500 Is this not, is this impact because the minutes, the minutes from what you're saying, we're 409 00:39:34,500 --> 00:39:36,560 not reflected correctly, does this, 410 00:39:39,110 --> 00:39:41,430 will you, no action was taken, you're saying? 411 00:39:42,250 --> 00:39:48,790 No, also the other thing to clarify, you know, with all due respect to Director Kelly, 412 00:39:49,690 --> 00:39:56,710 the reality is, and the experience that I've had in elected office, you don't, you don't 413 00:39:56,710 --> 00:39:57,870 just take action minutes. 414 00:39:57,870 --> 00:40:02,830 So you take minutes of the discussion, so you know the direction, because technically 415 00:40:02,830 --> 00:40:06,950 any kind of recommendation is still action because it's recommended, right? 416 00:40:07,050 --> 00:40:11,630 So if there's a vote that supports something that's a recommendation, you can consider 417 00:40:11,630 --> 00:40:16,910 that an action because it ultimately has to, by default, it's a voted item and it's, it 418 00:40:16,910 --> 00:40:22,270 goes forward to whatever the recommendation is, whether it's a, to agenda is another item, 419 00:40:22,270 --> 00:40:28,070 have a discussion or actually have bring up forward a vote, it still is something you record. 420 00:40:28,290 --> 00:40:31,890 I'm used to having minutes that at least have summaries on every single item. 421 00:40:33,050 --> 00:40:39,990 Commissioner said this, this was what he wanted, the commission disagreed, he was voted down, 422 00:40:40,290 --> 00:40:47,670 she was voted down, or they were all the UNMCA food, so you know what that item, otherwise 423 00:40:47,670 --> 00:40:56,190 Otherwise minutes give zero direction as far as what was the context of any meeting and then the whatever the direction was from that meeting. 424 00:40:56,770 --> 00:41:00,090 So I appreciate that question. 425 00:41:00,450 --> 00:41:10,710 Can I or are you okay because I think for me then now I want to clarify so first you know let's amend the minutes right we'll do that as procedurally. 426 00:41:10,710 --> 00:41:20,570 But or maybe even before I would like to know were those items part of like you're saying an action item that you requested. 427 00:41:20,770 --> 00:41:21,750 Like as a commissioner. 428 00:41:22,510 --> 00:41:29,510 Okay, and then that would be, then I think yes, then it would be something that we would want to know. 429 00:41:29,790 --> 00:41:31,990 Like, where do we go from there? 430 00:41:32,950 --> 00:41:36,730 Is that going to, and obviously we're going to have to wait another month. 431 00:41:36,730 --> 00:41:45,390 And that's exactly the frustration I think of the community is, you know, a month, it's 432 00:41:45,390 --> 00:41:46,590 a long time for some people. 433 00:41:46,930 --> 00:41:50,550 And then if we're making, you know, and I don't think it's anybody's about blaming 434 00:41:50,550 --> 00:41:57,150 anybody, but either way, if a mistake or something didn't get recorded properly, it pushes the, 435 00:41:57,290 --> 00:42:02,570 you know, what can tangibly be fixed or be done to a whole another month. 436 00:42:04,070 --> 00:42:12,840 And there were a lot of frustrated citizens in the community who really felt like the process 437 00:42:12,840 --> 00:42:17,320 needs to be cleaned up and just to kind of, you know, not to belabor the point, but, 438 00:42:18,300 --> 00:42:23,360 you know, the economy is really rough right now and nobody's going to want to be opening 439 00:42:23,360 --> 00:42:29,540 a business with if the planning process is confusing or there's some ambiguity. 440 00:42:29,540 --> 00:42:32,440 And like I said, this is not an attack on anyone, but 441 00:42:33,700 --> 00:42:36,820 I'm almost in favor of, and then if you guys are, you know, 442 00:42:37,000 --> 00:42:40,960 favor of coming back even sooner than pushing it back a month 443 00:42:40,960 --> 00:42:43,220 because I think the community deserves. 444 00:42:44,380 --> 00:42:46,800 I just want to remind you that this item is about the 445 00:42:46,800 --> 00:42:48,160 minutes from the last meeting. 446 00:42:48,380 --> 00:42:51,060 And so if we don't want to get off agenda and start discussing 447 00:42:51,060 --> 00:42:54,140 another topic that's not on the agenda, there is an 448 00:42:54,140 --> 00:42:56,740 opportunity at the end of the meeting on the agenda for 449 00:42:56,740 --> 00:43:02,620 commissioners to buy consensus, request items for a future agenda, and that would be a 450 00:43:02,620 --> 00:43:06,080 more appropriate time to talk about what you want to talk about in the future. This item 451 00:43:06,080 --> 00:43:08,140 is really just about the minutes from the last. 452 00:43:08,140 --> 00:43:13,220 I just want to clarify an expectation for future meetings. There was a style of maintenance 453 00:43:13,220 --> 00:43:19,580 being taken, which was, you know, action-based pretty much, and now I believe what we're asking 454 00:43:19,580 --> 00:43:24,680 for is to have more summaries in the minutes that we're approving. That is a change in practice, 455 00:43:25,400 --> 00:43:30,980 So we can, we should talk about that at the end as an idol to bring back to a featured meeting. 456 00:43:31,380 --> 00:43:32,100 That's what's going to be. 457 00:43:32,240 --> 00:43:32,940 Well, no, right? 458 00:43:33,040 --> 00:43:38,880 To clarify, when I ask to suspend the rules, if you read the bylaws, the consistency 459 00:43:38,880 --> 00:43:45,760 in the bylaws say technically the majority has the authority to adjust or amend their own 460 00:43:45,760 --> 00:43:54,660 meeting because it's the meeting of the commission, it's not the meeting of the city, it's not 461 00:43:54,660 --> 00:44:06,880 You can give the direction, you can suspend the rules, you can say, we're going to add this item in because it should have been added in because that was the request from the prior meeting, from what the city attorney is recommending, it's basically pushing it out another month, right? 462 00:44:07,280 --> 00:44:17,380 This was requested and we've already been leading in this direction, technically speaking, a mistake from the city staff whether intentional or not by default delays the will of the commission. 463 00:44:17,380 --> 00:44:22,040 You can suspend Rosenberg's rules of order, which is what you did when you reconsidered 464 00:44:22,040 --> 00:44:24,320 this item, but you cannot suspend the Brown Act. 465 00:44:24,800 --> 00:44:28,040 And the Brown Act says that you may only speak about things that are on the agenda. 466 00:44:28,600 --> 00:44:36,340 Well, so technically the violation would have been from the fact that there was already a publicly 467 00:44:36,340 --> 00:44:41,720 duly-noticed meeting that made those recommendations and they weren't put into the agenda, they weren't 468 00:44:41,720 --> 00:44:44,640 even considered, and they weren't even added into the minutes. 469 00:44:44,880 --> 00:44:46,040 So there's already a violation. 470 00:44:46,040 --> 00:44:47,560 That is not a brown act violation. 471 00:44:49,240 --> 00:44:51,880 Regardless, because I get it, brown act is about electives. 472 00:44:52,260 --> 00:44:53,500 It still is a violation. 473 00:44:53,720 --> 00:44:56,800 When the brown act is about appointed officials as well, 474 00:44:56,940 --> 00:44:58,280 so you are subject to the brown act. 475 00:44:58,560 --> 00:44:59,980 I think your expectations were... 476 00:45:00,000 --> 00:45:29,680 Amendment is what happened. It was in a violation of law, our rule, but just I would say it's at least an ethical violation because it was it was an ask and it was very so here's the thing city attorney, right? I'll do respect. You specifically stated and I would recommend everybody to pull up the meeting. You said, I don't know if you can do that commissioner. The reality is your quad, you know, I heard, you know, Miss Kelly mentioned were quasi judicial, right? So trying to restate our authority understood. 477 00:45:29,680 --> 00:45:36,020 I'm not asking for a policy vote on the municipal code what I'm asking for is a recommendation 478 00:45:36,020 --> 00:45:37,220 to send to the council. 479 00:45:37,600 --> 00:45:40,860 You said, I'm not sure if you can do that, I'll look into it and we will get back 480 00:45:40,860 --> 00:45:41,100 you. 481 00:45:41,780 --> 00:45:43,380 Nothing of that sort happened. 482 00:45:44,660 --> 00:45:51,100 So can I expect I did say that and I didn't intend to prepare that myself so I maybe there 483 00:45:51,100 --> 00:45:56,440 was the expectation was that it would be back at this meeting and maybe that's not what 484 00:45:56,440 --> 00:45:56,740 stuff. 485 00:45:56,740 --> 00:45:59,800 That's why that's why I stated that's what the commission had said. 486 00:45:59,800 --> 00:46:08,060 But again, this item is just considering the minutes and so there's an opportunity at the end of the meeting to buy consensus. 487 00:46:08,480 --> 00:46:08,600 Right. 488 00:46:09,040 --> 00:46:13,600 Recommend items for a future agenda, which is what that's what I was alluding to earlier. 489 00:46:13,880 --> 00:46:19,400 Because I think the items you mentioned, I think we're all would love answers to. 490 00:46:19,580 --> 00:46:25,160 So in this spirit of moving forward and acknowledging that I think, you know, 491 00:46:25,160 --> 00:46:28,480 We've gotten validation that yes, those things were stated. 492 00:46:29,020 --> 00:46:30,880 Yes, those are items that we want to look at. 493 00:46:31,200 --> 00:46:34,640 For now, procedurally, we will approve with the amendments. 494 00:46:35,000 --> 00:46:37,320 If we have a second, I'm not telling you all what to do, 495 00:46:37,400 --> 00:46:38,620 but if we have a first and second. 496 00:46:39,240 --> 00:46:42,540 And then at the end, let's all remember to bring this up 497 00:46:42,540 --> 00:46:43,620 as an action item. 498 00:46:45,160 --> 00:46:46,680 I don't know if I can. 499 00:46:47,040 --> 00:46:47,420 Yes, yes. 500 00:46:47,680 --> 00:46:51,700 And like, OK, just to ensure you, you know, 501 00:46:51,780 --> 00:46:53,080 the commissioner understands my intentions, 502 00:46:53,580 --> 00:46:56,860 I really do want to increase and encourage the integrity of the commission. 503 00:46:57,540 --> 00:47:01,900 When things like this happen that break down the will and ultimately the momentum that 504 00:47:01,900 --> 00:47:06,740 the commission is trying to create and solving these issues, then by default you're disintegrating 505 00:47:06,740 --> 00:47:07,280 the integrity. 506 00:47:07,420 --> 00:47:10,760 You have no reason to come if what you're saying has no value, right? 507 00:47:10,840 --> 00:47:11,700 In your disregard it. 508 00:47:12,060 --> 00:47:15,560 I'm not saying that's what happened, but that's definitely at least the visual, right? 509 00:47:15,680 --> 00:47:19,660 The optics is, is there was no regard, it's not even in the minutes, it's not even on 510 00:47:19,660 --> 00:47:24,620 agenda like by default and so you know we've had almost a month I've had zero 511 00:47:24,620 --> 00:47:29,340 communication city staff never reached out so I would imagine that would be a 512 00:47:29,340 --> 00:47:34,960 serious thing but if it's not serious then why am I here so we will address it 513 00:47:34,960 --> 00:47:39,660 then so first we have we have a motion on the table and that was I think it was 514 00:47:39,660 --> 00:47:45,340 uh what I said the motion was to approve the minutes with the amendments and then 515 00:47:45,340 --> 00:47:48,940 And I did read out five, and then there was one added. 516 00:47:50,060 --> 00:47:56,800 So if what I've read out is what the commission wants to put in the minutes, that's a motion 517 00:47:56,800 --> 00:47:57,320 on the floor. 518 00:47:57,520 --> 00:48:01,720 And then what will happen is staff will just revise them, they'll be approved, as amended. 519 00:48:02,540 --> 00:48:02,740 Okay. 520 00:48:03,620 --> 00:48:06,440 So to clarify again, that was seven, I said seven. 521 00:48:08,240 --> 00:48:10,300 I could read them again, and I could read them briefly. 522 00:48:10,300 --> 00:48:14,900 and addendum, know your rights. Number one, number two, zero fee preliminary 523 00:48:14,900 --> 00:48:20,060 re-process at the front end. Number three, three to five day required response 524 00:48:20,060 --> 00:48:26,220 times. Number four, early appeal process. Number five, triggered after that 525 00:48:26,220 --> 00:48:30,820 there's a trigger after two weeks of no response that early appeal. Number six, 526 00:48:30,940 --> 00:48:34,560 an organizational flow chart, right, with authority who responds to what 527 00:48:34,560 --> 00:48:38,180 position or what portion of the process. And number seven is required 528 00:48:38,180 --> 00:48:48,960 documentation throughout. Okay so we have a motion. Do we have a second? Second and all in 529 00:48:48,960 --> 00:48:58,920 favor? Aye. Aye. Anyone opposed? Abstention. Okay motion carries on that and then we will finish our 530 00:48:58,920 --> 00:49:04,520 agenda and then we'll come back in our commission reports. Okay thank you everyone. 531 00:49:05,420 --> 00:49:11,880 7.1 review of proposed phase 3 zoning ordinance amendment language of city of 532 00:49:11,880 --> 00:49:18,420 Hollister zoning ordinance and can we have the staff report please this item is 533 00:49:18,420 --> 00:49:24,160 a continuation of the overhaul of the zoning ordinance phase two was recently 534 00:49:24,160 --> 00:49:28,620 adopted by the city council and those amendments have taken effect and that was 535 00:49:28,620 --> 00:49:33,900 related to cleaning up the use tables some legislative requirements as well as 536 00:49:33,900 --> 00:49:37,860 create making sure there were definitions for each use listed in the zoning ordinance. 537 00:49:38,540 --> 00:49:43,980 Right now, the staff in the Planning Commission is currently reviewing Phase 3, which is the 538 00:49:43,980 --> 00:49:45,800 revision of permitting requirements. 539 00:49:46,880 --> 00:49:51,020 And this is the second study session that will be held regarding this phase. 540 00:49:53,200 --> 00:49:57,580 Tonight you are just looking at two chapters, site and architectural review and conditional 541 00:49:57,580 --> 00:49:58,140 use permits. 542 00:50:02,070 --> 00:50:12,130 Site and Architectural Review is for improvements that are typically done to the exterior of a property and there are some other exceptions that go along with that. 543 00:50:13,030 --> 00:50:18,990 Currently, the requirements for site and architectural reviews are found in several sections of the zoning ordinance. 544 00:50:19,510 --> 00:50:27,870 So, anyone reviewing the zoning ordinance would have to know where to look to find out if they required either an administrative permit review or a site and architectural review. 545 00:50:27,870 --> 00:50:33,530 right now the way the code works is that it splits exterior improvements into three different 546 00:50:33,530 --> 00:50:41,050 permit types. So there is administrative permit review over the counter and those are for very 547 00:50:41,050 --> 00:50:46,690 minor items and there is no noticing of those improvements. Then there's administrative permit 548 00:50:46,690 --> 00:50:54,170 review which the city currently uses as both a permit for a minor conditional use permit as well as a 549 00:50:54,170 --> 00:50:59,030 minor improvement to the exterior of the building, so it gets a little confusing for all involved. 550 00:51:00,150 --> 00:51:08,010 And again, even with administrative permit reviews, it's both in that section of the code as well as the requirements for permits are scattered throughout. 551 00:51:08,690 --> 00:51:16,330 So it is hard to determine even for staff where the appropriate section is and what does require a permit. 552 00:51:17,170 --> 00:51:22,910 In order to clean it up and make it easier on everyone, staff is proposing to eliminate 553 00:51:22,910 --> 00:51:24,910 the administrative permit review type. 554 00:51:25,690 --> 00:51:30,650 And then all exterior improvements would be within the SNA section and then all uses 555 00:51:30,650 --> 00:51:34,890 that are considered a conditional use permit would be in the condition use permit section. 556 00:51:35,230 --> 00:51:37,650 So there clearly can be clearly found. 557 00:51:38,590 --> 00:51:45,210 With the changes to the site and a protector review chapter, the current administrative permit 558 00:51:45,210 --> 00:51:48,850 review over the counter would change to administrative site and architectural review. 559 00:51:49,410 --> 00:51:54,250 And the way the new site and architectural review chapter has been designed is it lists 560 00:51:54,250 --> 00:51:56,470 everything that requires a permit under that permit type. 561 00:51:57,550 --> 00:52:02,830 So for administrative site and architectural reviews, these are considered very minor projects, 562 00:52:02,830 --> 00:52:09,590 but which the city needs to verify and review to make sure that they do meet the cone so 563 00:52:09,590 --> 00:52:13,010 that someone doesn't do a costly improvement and they have ejected in with the city and 564 00:52:13,010 --> 00:52:14,090 then they have to fix it. 565 00:52:14,090 --> 00:52:24,510 So these are typically reviewed in under five days most are done over the counter if not the same day but we do do these very quickly. 566 00:52:25,430 --> 00:52:34,890 Some of the examples for things that would qualify for an over the counter are the removal or addition of up to two doors and windows murals painted on a building. 567 00:52:34,890 --> 00:52:40,890 That's a mural that's art project, not a sign, that would be a different project. 568 00:52:41,570 --> 00:52:43,910 And then minor accessory structures. 569 00:52:44,270 --> 00:52:47,990 So those would all be wrapped into that very quick review where we're just checking some 570 00:52:47,990 --> 00:52:49,890 minimal things, and then we would approve it quickly. 571 00:52:50,570 --> 00:52:53,610 And there's no noticing, so it does take effect pretty quickly. 572 00:52:55,050 --> 00:53:00,390 Minor site and architectural review is what is currently listed in the zoning ordinance 573 00:53:00,390 --> 00:53:01,930 as administrative permit review. 574 00:53:03,410 --> 00:53:09,390 So these types of projects are considered to be a little bit more intensive and what 575 00:53:09,390 --> 00:53:15,490 they're proposing and what the process for that is, of course, they're going to apply. 576 00:53:15,730 --> 00:53:19,390 We do have a checklist online that lists everything that you need to submit for any project 577 00:53:19,890 --> 00:53:22,590 and we do route it to our development review committee. 578 00:53:23,330 --> 00:53:27,990 So everyone within the DRC will look at the project and either will comment on it or provide 579 00:53:27,990 --> 00:53:28,450 conditions. 580 00:53:29,290 --> 00:53:34,950 So some of the examples that you can see up there, we have a conversion to another use, 581 00:53:35,750 --> 00:53:41,350 conversion to another use, building might review it and say I reviewed the plans, I had these concerns, 582 00:53:41,670 --> 00:53:46,210 or I reviewed the plans and I have these conditions of approval. Same with fire, fire might say. 583 00:53:46,650 --> 00:53:50,550 I reviewed the plans, you have to add fire sprinklers, or whatever the case may be during their view. 584 00:53:51,690 --> 00:53:55,550 These do require noticing, so once they are complete, we do notice it, 585 00:53:55,550 --> 00:54:01,370 So everyone within 300 feet of the project gets notified of the upcoming project and they're invited to 586 00:54:01,370 --> 00:54:05,770 discuss it with staff if they chose to and then it is approved at staff level. 587 00:54:06,450 --> 00:54:09,750 And any any of these decisions can be appealed to the planning commission. 588 00:54:10,670 --> 00:54:16,250 One thing that staff is recommending is that housing developments with up to 10 units 589 00:54:16,250 --> 00:54:21,110 now be staff level review. That falls in line with the state seeking to 590 00:54:21,110 --> 00:54:27,770 to streamline residential developments within the city and 10 units is a lower number. 591 00:54:28,110 --> 00:54:40,790 We do see conversions and other minor projects where they do have more than what is allowed right now and it requires planning commission review, even if there was three units and that's a longer process and we'd like to streamline that process further. 592 00:54:44,100 --> 00:54:48,860 And then we would have major site and architectural review, which is the same as our site and architectural review now. 593 00:54:48,860 --> 00:54:55,280 you know, these are projects that have the potential to create citywide impacts or impacts on the neighborhood 594 00:54:55,860 --> 00:55:01,260 and it's appropriate to review them during a public hearing and notice public hearing so everyone has the opportunity to speak. 595 00:55:02,120 --> 00:55:12,980 Again, it's processed the same way that we would process the minor, certain architecture review where we do route it to the city's DRC and there are comments provided. 596 00:55:14,240 --> 00:55:17,400 And then once complete, we schedule it for planning commission. 597 00:55:17,400 --> 00:55:38,060 Examples of these types of projects are major facade remodels, so that would be Heritage Plaza, which is undergoing a massive overhaul that changes the entire look of that shopping center, that one before the planning commission, a new drive-through, drive-throughs can tend to have significant impacts depending on the layout and traffic, and then of course new structures. 598 00:55:39,160 --> 00:55:46,640 So any new commercial building, industrial building, housing development with 11 or more units would come before the planning commission. 599 00:55:46,640 --> 00:55:47,220 And 600 00:55:50,480 --> 00:56:09,100 then along with these changes, conditional use permits, we do have an existing chapter for conditional use permits, but as I mentioned, we would like to shift it so that there are now minor and major conditional use permits, minor conditional use permits would be the same as what we require for administrative permit reviews right now. 601 00:56:09,100 --> 00:56:16,140 And if you recall, in the use tables, we list what requires an APR and those are uses and 602 00:56:16,140 --> 00:56:19,360 then what requires a CUP and then those are uses from the planning commission. 603 00:56:20,720 --> 00:56:25,360 So what we are proposing is that then the use tables get modified again and the APR comes 604 00:56:25,360 --> 00:56:29,960 off and it becomes a minor conditional use permit, which is really the appropriate use type. 605 00:56:30,780 --> 00:56:34,860 Because what you are looking at with both a minor and then a regular conditional use permit 606 00:56:34,860 --> 00:56:39,380 is the use and determining what are the impacts on the surrounding area. 607 00:56:40,260 --> 00:56:49,920 Miner are, what the title implies, they are uses that maybe staff needs to look at it 608 00:56:49,920 --> 00:56:55,680 to make sure there's enough parking or to make sure that the minor nature of that business 609 00:56:55,680 --> 00:56:57,260 doesn't affect the surrounding area. 610 00:56:57,260 --> 00:57:04,120 Again, they will be noticed, again, similar to minor site and architecture reviews. 611 00:57:04,720 --> 00:57:10,080 And then, major are the uses which staff is concerned could have a major impact on the city. 612 00:57:10,560 --> 00:57:16,760 So a bar or nightclub would be one, there's alcohol sales, there's security concerns, there's lighting concerns. 613 00:57:17,100 --> 00:57:20,600 So that would go for the planning commission during a publicly noticed hearing. 614 00:57:20,600 --> 00:57:25,940 And again, it gives people the opportunity to speak before the planning commission, who would then issue the decision. 615 00:57:25,940 --> 00:57:30,340 for the minor, the notice goes out and then the director would make a decision on that. 616 00:57:34,280 --> 00:57:39,580 So based on tonight, if you have feedback from your questions, the draft chapters will 617 00:57:39,580 --> 00:57:41,520 get amended as recommended. 618 00:57:41,940 --> 00:57:48,260 We continue to move along and phase three is underway and so we have a few more study sessions. 619 00:57:48,820 --> 00:57:53,160 And then once we are all complete, they'll be wrapped together in one public hearing to then 620 00:57:53,160 --> 00:57:57,460 move on towards the City Council and then after that phase four, which is the biggest portion 621 00:57:57,460 --> 00:58:02,080 of our overall will begin. Thank you. Do we have questions from the commission? 622 00:58:02,780 --> 00:58:05,240 So yeah, well, will that look like the biggest overhaul? 623 00:58:05,520 --> 00:58:09,440 The biggest overhaul is the rest of the zoning ordinance. So landscaping, parking, 624 00:58:11,100 --> 00:58:13,960 so the phases are just the different portions of the code. 625 00:58:14,260 --> 00:58:20,000 Yes, so what we did because to overhaul an entire zoning ordinance at one time is a lot of work 626 00:58:20,480 --> 00:58:24,680 and we have the general plan going on at the same time as well as housing element. We've broken 627 00:58:24,680 --> 00:58:30,320 it up into bite-sized pieces so that we can clean up the code as we move along so that we're not waiting 628 00:58:30,320 --> 00:58:36,240 two, three, four years down the road. We know the code is problematic. There are inconsistencies 629 00:58:36,240 --> 00:58:44,400 within it which we've discussed. It is not user-friendly whatsoever. It is very hard to read. There are 630 00:58:44,960 --> 00:58:50,760 things we need to do to make it more usable for both staff and the public because not everyone does 631 00:58:50,760 --> 00:58:54,500 want to call staff and ask a question. Sometimes they do just want to look it up online. 632 00:58:55,400 --> 00:58:59,560 And so we want to make sure that they can understand what the laws of the city are. 633 00:59:00,020 --> 00:59:05,960 So that's our overall goal. And as we do pieces, it's to make sure to get the zoning ordinance 634 00:59:05,960 --> 00:59:13,900 in line with being more customer service-friendly and tightening up some of these permit requirements 635 00:59:13,900 --> 00:59:17,460 so it's not so confusing and really moving in a direction to help everyone out. 636 00:59:18,960 --> 00:59:47,160 With this phase and the permany requirements that will definitely help out staff as well as the public and then with the next sections it is the biggest section because we're talking again landscaping parking that will take quite a while but these are the ones that we have worked on so far are the most important that we've identified and I think just to add Commissioner Hernandez a couple months ago. I think I'm not sure if you were here yet but you might have been but I think that's when they started talking about these 637 00:59:47,160 --> 00:59:52,740 pieces and really validates what you were talking about earlier about the confusion and where 638 00:59:52,740 --> 00:59:58,840 do we go and who knows what and you know things are not don't make sense and then you know 639 00:59:58,840 --> 00:59:59,900 Why is it taking so long? 640 01:00:00,000 --> 01:00:29,940 All those things, I think really is, I think part of the work that you all are trying to clean up, right, that we, we all know this is happening. And so here, this is, I think, the effort. And I do appreciate that it's in chunks, because it's a lot of information to digest. If I gave you an entire zoning ordinance at once, you would say, what are you doing? Yeah. And just to add, and the phases are what staff is kind of identified as being able to repeal. 641 01:00:29,940 --> 01:00:37,200 a certain section and adopted the chunk at the same time, so phase one is ongoing as needed, 642 01:00:37,300 --> 01:00:41,660 but it was some state laws that we needed to update and implement into our code, which we've 643 01:00:41,660 --> 01:00:48,900 adopted a few chapters to use as V9 over the years. Phase two, I think we pulled out the use tables, 644 01:00:49,140 --> 01:00:53,520 was what we decided phase two was. I think it was originally three phases, it's become four. 645 01:00:54,140 --> 01:00:59,400 Once we get into four, it'll become more, but phase three is our procedures chapters, which 646 01:00:59,940 --> 01:01:15,780 We have to come to you with a few chapters at a time so we can really talk about them individually, but what'll happen is once we've come to you for all these study sessions for phase three, we will come back to you with a repeal in a place procedures ordinance that has all these chapters you've been reviewing over the months. 647 01:01:16,920 --> 01:01:20,100 How did you come to these three categories or are these three 648 01:01:20,100 --> 01:01:22,640 perfect for tonight? 649 01:01:23,020 --> 01:01:31,760 Yeah, so if you recall the last meeting we went over I think specific plans, review 650 01:01:31,760 --> 01:01:33,380 procedures, there's a couple others. 651 01:01:33,700 --> 01:01:39,980 So what we did was we took the existing 17.24 and the permit requirements that are jammed 652 01:01:39,980 --> 01:01:44,580 into there and we've essentially pulled it out, so now each one has its own chapter with 653 01:01:44,580 --> 01:01:48,780 the title can be easily seen in the table of contents on the zoning ordinance and we're 654 01:01:48,780 --> 01:01:53,020 just going piece by piece. The two that you're seeing tonight, we just pulled together, 655 01:01:53,380 --> 01:02:00,640 we have others drafted. The two that we pulled tonight are essentially the ones that we will 656 01:02:00,640 --> 01:02:05,920 use the most. And so it requires, we wanted an in-depth review of these two that are really 657 01:02:05,920 --> 01:02:11,160 the permitting chapters. What requires a permit for this city so that you can see that. And 658 01:02:11,160 --> 01:02:12,580 because it is such a change going from, 659 01:02:13,020 --> 01:02:15,060 even though it's just really a title, 660 01:02:15,200 --> 01:02:17,300 but we're going from administrative permit reviews, 661 01:02:17,300 --> 01:02:20,040 which are now function as a conditional use permit, 662 01:02:20,340 --> 01:02:21,680 or an exterior improvement, 663 01:02:22,060 --> 01:02:23,680 and we're changing it to just site 664 01:02:23,680 --> 01:02:25,620 and architectural review and conditional use permit right now. 665 01:02:26,520 --> 01:02:28,360 But also the change of, 666 01:02:28,540 --> 01:02:30,760 so it's not just the names, the titles, right? 667 01:02:30,780 --> 01:02:35,160 But also the, like the specifics of the housing development. 668 01:02:35,460 --> 01:02:37,260 So there are a few changes in there 669 01:02:37,260 --> 01:02:38,540 where we're trying to streamline review 670 01:02:38,540 --> 01:02:40,060 to make it faster for people, right? 671 01:02:40,060 --> 01:02:47,660 So there is the change to 10, and under would be staff level review for residential dwellings. 672 01:02:47,660 --> 01:02:56,980 We're also recommending that additions that are not visible from the public right of way to commercial buildings be allowed to be staff level because they're not going to be seen. 673 01:02:57,300 --> 01:03:08,440 You'll never see it. There really is no impact other than site circulation and then the biggest change though is instead of putting the requirements for permits. 674 01:03:09,500 --> 01:03:18,700 In every chapter in that zoning ordinance, they're now in one list within within the site and architecture review chapter, which honestly will make it easier for everyone. 675 01:03:20,220 --> 01:03:29,500 Yeah, so from the design review perspective, what we're proposing in this craft shopper is really that change to have the three different levels of site and architecture review. 676 01:03:30,120 --> 01:03:36,620 And yeah, that the 10 units are less and small commercial projects is is a big change, but that is staff's recommendation. 677 01:03:36,620 --> 01:03:40,200 and that's what we're here to get your feedback on. 678 01:03:40,600 --> 01:03:43,600 But we're recommending to both be in line with streamlining 679 01:03:43,600 --> 01:03:45,680 and state laws as they continue to change. 680 01:03:45,860 --> 01:03:47,080 These things are coming down the pipeline. 681 01:03:47,140 --> 01:03:49,820 We might get forced to these things, so get ahead of it 682 01:03:49,820 --> 01:03:51,040 and get it the way that we want it. 683 01:03:51,340 --> 01:03:52,720 But also we just think of staff. 684 01:03:53,140 --> 01:03:56,960 We see a lot of these minor projects get hung up in this long process 685 01:03:56,960 --> 01:04:00,700 when if we implement through phase four 686 01:04:00,700 --> 01:04:02,980 through the design review process of the code 687 01:04:02,980 --> 01:04:06,040 and implementing codes that are satisfying to the council 688 01:04:06,040 --> 01:04:09,780 and commission for landscaping and parking and those types of things, staff can just 689 01:04:10,360 --> 01:04:14,020 meet the code, yet meet the code on these smaller projects, and the ultimate goal would 690 01:04:14,020 --> 01:04:15,900 be to facilitate these things in the future. 691 01:04:17,960 --> 01:04:23,900 What is the biggest change that you see on these zoning amendments? 692 01:04:27,420 --> 01:04:34,380 Right now, based on where we're at, let's say right now, is mostly a function of formatting 693 01:04:34,380 --> 01:04:37,380 at this point and cleaning up the language. 694 01:04:37,380 --> 01:04:42,520 within site with this too that you're looking at tonight, the biggest change 695 01:04:42,520 --> 01:04:47,920 really is changing what we're calling a permit to another name, which you know 696 01:04:47,920 --> 01:04:52,940 just sounds scary but it is just moving it to the appropriate permit type. And 697 01:04:52,940 --> 01:04:58,680 then within these uses as we've listed there are two different items that we're 698 01:04:58,680 --> 01:05:04,280 recommending get downgraded in their review level. So like the ten and under 699 01:05:04,280 --> 01:05:11,000 for residential dwellings and the smaller additions to commercial buildings and those will speed up the process for them. 700 01:05:11,980 --> 01:05:16,600 Minor facade or models would still remain at staff. We don't tend to have too many of them. 701 01:05:16,880 --> 01:05:23,500 There's a few here and there. Mostly what we see is a major like Heritage Plaza. They change the entire design of that. 702 01:05:23,800 --> 01:05:32,300 And then changing a door out in a window out. It's basically over the counter and then allowing for that over the counter permit type 703 01:05:32,300 --> 01:05:34,480 but also allow for minor modifications 704 01:05:34,480 --> 01:05:38,160 that don't impact anyone to an approved plan set. 705 01:05:38,580 --> 01:05:40,140 So, I don't know, at the back of the building, 706 01:05:40,140 --> 01:05:42,520 they have to change out a roll-up door to a regular door. 707 01:05:42,640 --> 01:05:43,860 They can just do the over-the-counter 708 01:05:43,860 --> 01:05:45,100 and be done quickly, 709 01:05:45,300 --> 01:05:47,820 rather than requiring a full-scale review. 710 01:05:48,320 --> 01:05:52,340 Yeah, right now for commercial changes 711 01:05:52,860 --> 01:05:54,800 for moving doors and windows. 712 01:05:55,500 --> 01:05:58,580 Up to two is allowed at staff level 713 01:05:58,580 --> 01:06:00,360 through that administrative permit review process, 714 01:06:00,360 --> 01:06:07,060 which is this kind of mid-level process whereas anything else is full site 715 01:06:07,060 --> 01:06:11,060 architectural reveal. What we're proposing is kind of a shift of both of those 716 01:06:11,060 --> 01:06:16,760 down where really minor changes like relocating up to two doors or windows is 717 01:06:16,760 --> 01:06:19,740 going to be downgraded to that administrative site architectural 718 01:06:19,740 --> 01:06:26,460 reveal and then some of those major what's major now but it might be relocating 719 01:06:26,460 --> 01:06:31,840 five windows, you know, just like minor changes to maybe they're stuck going 720 01:06:31,840 --> 01:06:36,020 a commercial building. Those types of things, we're proposing get downgraded 721 01:06:36,020 --> 01:06:41,780 to that mid-level review. There's nothing that we're proposing where the 722 01:06:41,780 --> 01:06:48,760 review increases, let's say. We're trying to make it easier for everyone to get 723 01:06:48,760 --> 01:06:52,360 through the process yet through it quickly and then those things that are really 724 01:06:52,360 --> 01:06:55,480 important to the community. So a new residential subdivision which you'd have to 725 01:06:55,480 --> 01:07:02,400 see anyways because of the map, or a 350 unit apartment complex still goes to the planning 726 01:07:02,400 --> 01:07:06,220 commission, which is the appropriate body. But for these minor things, it makes sense 727 01:07:06,220 --> 01:07:06,680 to do that. 728 01:07:07,240 --> 01:07:11,200 So, and that's part of the law changes. It's more of ministerial. 729 01:07:12,040 --> 01:07:16,660 No. So, the way that the state of California is moving towards residential developments 730 01:07:16,660 --> 01:07:23,560 is that residential projects are becoming more, there is not a lot of say that you have. 731 01:07:23,560 --> 01:07:35,400 And so what we're seeing is the state is requiring streamline review of certain residential projects and for 10 units and less those are really very minor within the city. 732 01:07:35,840 --> 01:07:46,380 I mean, we're used to looking at subdivisions that are significantly higher. So with 10 or less, we are recommending that that be more at the staff level. 733 01:07:46,380 --> 01:07:51,900 Now if there is a map associated with that so everyone was nine units and there is a tentative map 734 01:07:51,900 --> 01:07:56,720 That has to go to planning commission that would not be within our purview and that comes from the state 735 01:07:56,720 --> 01:07:57,900 but in general 736 01:07:59,200 --> 01:08:03,700 I'm not sure if you understood what I was saying in general like I ministerial meaning 737 01:08:04,580 --> 01:08:10,560 We can't technically vote on it because state law dictates and therefore it trumps any voice that we have yeah 738 01:08:10,560 --> 01:08:14,380 So in essence, we have less and less local control 739 01:08:15,060 --> 01:08:17,460 and all I'm trying to point to the reality, right? 740 01:08:17,800 --> 01:08:20,580 And for the sake of small town, 741 01:08:21,040 --> 01:08:23,960 San Benito County, the city of Hollister, very rural, 742 01:08:25,340 --> 01:08:28,820 we already lose a lot of voice, right? 743 01:08:29,460 --> 01:08:30,880 Representative Lee, and if you think about the reality 744 01:08:30,880 --> 01:08:34,160 of what that means with the loss of input 745 01:08:34,160 --> 01:08:37,140 when it comes to the housing element in the general plan, 746 01:08:37,640 --> 01:08:41,020 then you're by default, have no choice if urbanization 747 01:08:41,020 --> 01:08:44,260 and becomes a defacto, you're forced into it. 748 01:08:45,800 --> 01:08:47,960 And that, in and of itself, I would argue is a problem 749 01:08:47,960 --> 01:08:49,920 that most community members don't understand 750 01:08:49,920 --> 01:08:50,720 or don't know about. 751 01:08:52,580 --> 01:08:56,920 And I would like to see, you know, 752 01:08:56,980 --> 01:08:58,620 with housing developments up to 10 units, 753 01:08:59,040 --> 01:08:59,880 so it sounds like it's like, 754 01:09:02,000 --> 01:09:06,020 how long, what's the turnaround time for something like that, 755 01:09:06,140 --> 01:09:06,840 because that sounds like. 756 01:09:06,840 --> 01:09:16,260 So any residential development, any residential development, so it's tentative map and the apartment complex, it doesn't matter any residential development. 757 01:09:16,500 --> 01:09:24,480 The state requires city staff to review the application and to provide comments within 30 days. 758 01:09:25,060 --> 01:09:28,520 If we do not, the application is deemed complete and it moves forward. 759 01:09:29,220 --> 01:09:38,040 I would like to also kind of set those same state standards, to also something feasible, of course, for commercial. 760 01:09:38,680 --> 01:09:42,900 So we actually do, as just a matter of role, we follow the 30 days. 761 01:09:43,300 --> 01:09:43,540 Awesome. 762 01:09:43,700 --> 01:09:45,520 Yeah, we follow 30 days on everything. 763 01:09:45,700 --> 01:09:53,320 It's easier for not only the planning staff, it's easier for our development review committee to know that they're getting a two week review that meets into planning. 764 01:09:53,320 --> 01:10:03,220 So just for every application that planning is processing, we're following a 30-day review period on a completeness schedule commercial or residential, it's easier than tracking two different. 765 01:10:03,420 --> 01:10:08,960 Yes, it's just easier to follow the 30 days and as a rule of practice, we follow that. I know not all cities do. 766 01:10:10,160 --> 01:10:19,960 For example, I have an application and right now it came in, it got assigned to me within a couple days and it got routed for two week review because that allows. 767 01:10:19,960 --> 01:10:22,260 in case anyone's a little tardy on their comments, 768 01:10:22,760 --> 01:10:24,040 and then I have to put them all together 769 01:10:24,040 --> 01:10:27,580 in one clear and concise letter, and then it gets to them. 770 01:10:27,740 --> 01:10:31,020 And we almost always exceed that 30 days, 771 01:10:31,020 --> 01:10:32,800 because the one thing you don't want to do as a planner 772 01:10:33,280 --> 01:10:34,920 is to miss that 30-day window, 773 01:10:35,060 --> 01:10:37,140 because then especially for residential projects, 774 01:10:37,660 --> 01:10:39,360 it's now complete, there is nothing you can say. 775 01:10:39,540 --> 01:10:39,700 Right. 776 01:10:40,780 --> 01:10:43,120 I mean, at the end of the day, even if you did say something 777 01:10:43,120 --> 01:10:46,720 for housing development, you do say something, 778 01:10:47,420 --> 01:10:49,660 what's the next remedy at that point anyway? 779 01:10:49,660 --> 01:11:19,540 So for like a housing development, let's say they submitted a map and there's no utility plans in there and so we're not sure how are the lines working, how do the streets work, how does this work together if I don't ask for it within that first 30 days and it has to be everything I can't ask for three items and then pick a new three items on the second review and so as planners it's just easier to follow those rules for every project because it allows for consistency and you're not constantly 780 01:11:19,540 --> 01:11:22,680 thinking, well, what is this project? What is the deadline? What do I have to tell 781 01:11:22,680 --> 01:11:27,220 them? And also for customer service, they're going to want to know I need a floor 782 01:11:27,220 --> 01:11:31,800 plan. I need a, you know, whatever it is, an elevation of the rear. So we give it 783 01:11:31,800 --> 01:11:38,260 to them all at once. I will say that sometimes, pretend they forget to give us a 784 01:11:38,260 --> 01:11:41,340 floor plan and you say, I need the floor plan and the floor plan has to have, you 785 01:11:41,340 --> 01:11:45,900 know, the square footage and you still, you know, dimension this room and we 786 01:11:45,900 --> 01:11:48,960 will get a recent middle and it'll be a floor plan and they haven't given us the 787 01:11:48,960 --> 01:11:52,320 dimensions, and they haven't given us the square footage, so it's another incomplete 788 01:11:52,320 --> 01:11:53,440 because they don't follow the list. 789 01:11:53,860 --> 01:11:56,780 But that is why we give them a list, so they can literally check it off and then turn 790 01:11:56,780 --> 01:11:57,040 it in. 791 01:11:57,260 --> 01:12:03,260 What's the worst case scenario if an applicant turns something in and they can have a utility 792 01:12:03,260 --> 01:12:03,700 plan? 793 01:12:04,900 --> 01:12:06,180 What happens in that? 794 01:12:06,680 --> 01:12:11,020 It depends on the type of project, so this is the situation for any project. 795 01:12:11,760 --> 01:12:16,920 Some things that they forget to submit can be conditioned and some they just can't because 796 01:12:16,920 --> 01:12:19,320 is we need to look at it for whatever reason. 797 01:12:20,040 --> 01:12:22,860 So for example, if I have a new commercial building 798 01:12:22,860 --> 01:12:25,680 coming in and they don't show the location 799 01:12:25,680 --> 01:12:29,220 of the trash enclosure, then it's going to be incomplete 800 01:12:29,220 --> 01:12:30,240 that you need to show it. 801 01:12:30,360 --> 01:12:31,880 And the reason that we can't condition that one 802 01:12:31,880 --> 01:12:32,780 is for several reasons. 803 01:12:32,980 --> 01:12:35,920 One, we need to make sure that it meets the size requirements 804 01:12:35,920 --> 01:12:37,020 for ecology for pickup. 805 01:12:37,580 --> 01:12:40,480 Two, we wanna make sure that wherever that trash enclosure 806 01:12:40,480 --> 01:12:44,300 is going, that it can actually be serviced. 807 01:12:44,300 --> 01:12:50,420 and three does that impact circulation at all because what we have seen is when it goes forward, 808 01:12:51,260 --> 01:12:56,980 the site then has to get changed and the way the code works is they have to come back to 809 01:12:56,980 --> 01:13:01,260 planning commission if they're messing with the site and changing that circulation. So that to 810 01:13:01,260 --> 01:13:06,940 them is a disadvantage to move forward. If there is something that we have asked for and we feel like 811 01:13:06,940 --> 01:13:14,120 it could be pushed to a later date, we make it a condition of approval. So I think in some cases 812 01:13:14,300 --> 01:13:18,500 is the landscape plan was incorrect and didn't have the proper tree sizes, so there's 813 01:13:18,500 --> 01:13:20,200 a condition of approval that says you're going to change it. 814 01:13:20,240 --> 01:13:24,640 Just to interrupt, what I'm trying to get at is, because of you guys are under this immense 815 01:13:24,640 --> 01:13:29,300 pressure, if you get, you know, I get it, you guys are busy, there's a lot of stuff. 816 01:13:30,260 --> 01:13:36,720 And there's no, it doesn't meet the, what do they call those trees? 817 01:13:36,940 --> 01:13:37,720 What do they call that? 818 01:13:37,900 --> 01:13:42,940 There's a tree ordinance or there's a, whatever ordinance you get what I'm getting at, there's 819 01:13:42,940 --> 01:13:45,180 is not enough? What do they call that, trees? 820 01:13:45,380 --> 01:13:46,260 Enough, street trees? 821 01:13:46,700 --> 01:13:48,200 I think I understand a question. 822 01:13:48,580 --> 01:13:51,640 So if we miss the 38-Eye and it's deemed complete 823 01:13:51,640 --> 01:13:54,920 or whatever it might have been, then what happened 824 01:13:54,920 --> 01:13:56,640 is we'd move it through the process. 825 01:13:56,880 --> 01:13:58,200 So if it was something that was coming to the commission, 826 01:13:58,420 --> 01:14:00,040 then we'd move through the process of bringing it forward 827 01:14:00,040 --> 01:14:00,740 to the commission. 828 01:14:01,540 --> 01:14:05,560 And then we would talk about whether it means the code or not. 829 01:14:06,140 --> 01:14:09,400 But if it was a commercial, you'd have a lot more discretion 830 01:14:09,400 --> 01:14:11,440 on whether you could deny a commercial project 831 01:14:11,440 --> 01:14:15,200 to have them revise it to meet the code, but if it was something that was deemed complete 832 01:14:15,200 --> 01:14:19,980 and is a housing project, if the standard that it's not meeting isn't objective and even 833 01:14:19,980 --> 01:14:22,680 then you're going to have a lot less say. 834 01:14:22,960 --> 01:14:28,580 So staff is really diligent about hitting that 30-day deadline, but also making sure we're 835 01:14:28,580 --> 01:14:34,940 thorough in those first 30 days to make sure we're not having incomplete applications so that 836 01:14:34,940 --> 01:14:38,840 we can make sure we thoroughly are able to review the concept against code. 837 01:14:38,840 --> 01:14:46,340 Okay, but it would come forward and then there would be a potential discussion about whether it's code or not it sounds like and it's my assumption that 838 01:14:47,040 --> 01:14:52,700 De facto you're gonna end up having a priority of residential because of the strict requirements 839 01:14:53,240 --> 01:14:59,800 Over commercial and then the only other reason why I still don't understand on the commercial side because if you meet your 840 01:15:00,000 --> 01:15:29,340 We're applying the same standards. Why is there so much issues on the commercial side? And I really don't hear issues on the housing side. So I think in this city especially most of what the planning commission looking at is just a subdivision map and engineers can crank those out and those standards are in the subdivision map back in the subdivision ordinance. And then they have to meet development standards and those are pretty straightforward, right? There's not much they have to do there. And then that's it. They don't have to show us the design, they don't show us the landscaping plan. 841 01:15:29,340 --> 01:15:29,960 and nothing. 842 01:15:30,480 --> 01:15:33,260 So that is essentially for those types of projects 843 01:15:33,760 --> 01:15:36,280 easier to get through to plan a commission. 844 01:15:37,000 --> 01:15:40,180 And most of the engineers that are doing that, 845 01:15:40,460 --> 01:15:41,860 they're doing tons and tons and tons, 846 01:15:41,860 --> 01:15:42,740 they know how that works. 847 01:15:43,960 --> 01:15:46,640 Most map-back requirements are statewide. 848 01:15:48,060 --> 01:15:50,480 With other sorts of projects that we see, 849 01:15:50,800 --> 01:15:52,520 what we are running into, I think, 850 01:15:52,520 --> 01:15:54,620 part of the confusion may be that 851 01:15:55,580 --> 01:16:11,560 When people are trying to modify an exterior building, there are different things that come into play, and also if you're modifying this site and it is an older site, there are definitely other extended circumstances that come into play. 852 01:16:11,740 --> 01:16:17,280 So if I'm trying to stick a trash enclosure in the middle of an alley, that's not your alley we're going to make a comment. 853 01:16:17,280 --> 01:16:32,300 If I need to put in a trash enclosure and I'm trying to stick it in a fire lane, you are going to get a comment and I think that's the other part is our code is very hard to read and that's what we're trying to fix to make it easier for everyone. 854 01:16:32,900 --> 01:16:39,520 Most commercial projects that I have had with the exception of Heritage Plaza that did take a while do do move through very quickly. 855 01:16:40,080 --> 01:16:44,000 Heritage Plaza took quite a while because there was two problems. 856 01:16:44,000 --> 01:16:49,340 one that applicant wasn't responsive and it took the designer a while to modify the plans 857 01:16:49,340 --> 01:16:54,640 and two they could not figure out where to place their trash enclosure and that helped them up as well. 858 01:16:55,600 --> 01:17:01,980 Yeah we have a lot of sites in the city especially our commercial sites, existing commercial sites 859 01:17:01,980 --> 01:17:09,640 that are constrained by the fact that they were built so long ago that they don't meet the code now 860 01:17:09,640 --> 01:17:38,820 So when you want to do an upgrade, it's difficult because you have to bring the site into compliance and so it's a challenge with parking and landscaping and trash enclosures is a difficult one to so we have a lot of issues with existing sites and trying to make them work into the changes and that happens a lot with our commercial and then we don't see too many multifamily residential, but they tend to take a while as well and the process to get through comments. 861 01:17:38,820 --> 01:17:48,080 Well, and I would agree with that and I mean even to be consistent with that what you know the director Kellyanne mentioned basically. 862 01:17:48,540 --> 01:18:04,960 I mean I've heard of plenty of issues that there's if there's any discretion to address the issue it's on the side of the planning not on the business right so they're they're they're lack of understanding or maybe. 863 01:18:05,900 --> 01:18:09,640 the fact that meeting it to code and trying to bring it up, right? 864 01:18:09,940 --> 01:18:13,380 Like, I've noticed, and I've had so many people tell me, like, 865 01:18:14,060 --> 01:18:16,640 how you ask the question is the most important. 866 01:18:16,840 --> 01:18:18,180 Because if you ask the wrong way, 867 01:18:18,420 --> 01:18:20,360 they're going to trigger all these requirements, 868 01:18:20,840 --> 01:18:23,560 and all of a sudden you're in a ton of money, right? 869 01:18:23,780 --> 01:18:26,080 And it's, and because there's discretion, 870 01:18:27,660 --> 01:18:33,180 technically, there's less, it becomes easy to downgrade 871 01:18:33,180 --> 01:18:39,080 priority-wise that project, whereas if it's cut and paste or whatever on the 872 01:18:39,080 --> 01:18:43,760 residential side, it's a lot easier for that to become de facto, like it's 873 01:18:43,760 --> 01:18:47,440 gonna end up getting to basically push through, right? Maybe because it's easy to 874 01:18:47,440 --> 01:18:51,580 comply, whatever that means, it just sounds like there really is no strong 875 01:18:51,580 --> 01:18:56,640 support on the commercial end, right? Because the front end of it, and I mean I'm 876 01:18:56,640 --> 01:19:01,500 just stating specifically, and I'm getting, I'm seeing the head disagreeing with me, 877 01:19:02,340 --> 01:19:06,820 I'm just, I'm seeing there's so many different circumstances that I've gotten calls on scenarios 878 01:19:06,820 --> 01:19:12,040 where literally it's like I'm trying to reach out and I'm getting no response or I, you 879 01:19:12,040 --> 01:19:16,980 know, I'm, I'm, they're saying that I abandoned the project and I'm, here's my email, how 880 01:19:16,980 --> 01:19:17,560 did I abandon? 881 01:19:17,700 --> 01:19:22,560 I'm responding and I'm, you know, so there's all these just nuanced issues, it's just hard 882 01:19:22,560 --> 01:19:23,600 to not imagine, right? 883 01:19:24,520 --> 01:19:26,560 Unless all these people are liars, they're calling me. 884 01:19:26,560 --> 01:19:29,560 But I think it's a specific example, it's hard to say, 885 01:19:29,760 --> 01:19:31,700 because in the planning process, 886 01:19:31,700 --> 01:19:32,700 it's not just planning, right? 887 01:19:32,920 --> 01:19:35,020 Engineering's involved, players involved, 888 01:19:35,480 --> 01:19:39,120 the college is involved, building a new airport. 889 01:19:40,300 --> 01:19:42,020 I think the best example is the one 890 01:19:42,020 --> 01:19:44,180 that we ended up basically troubleshooting 891 01:19:44,180 --> 01:19:46,100 ultimately on the dius right here, 892 01:19:46,660 --> 01:19:49,420 where that feedlot came forward 893 01:19:49,420 --> 01:19:52,040 and we had to ask a ton of questions that we dug in. 894 01:19:52,480 --> 01:19:55,300 And all we asked was, oh, so you actually, 895 01:19:55,300 --> 01:20:01,700 as long as you don't change the ground and the material then as long as you leave it 896 01:20:01,700 --> 01:20:07,840 undisturbed and if there's any grating that that's the same material then there's no violation 897 01:20:07,840 --> 01:20:13,220 and the engineer said no there's no violation okay so if we amended it to include do not change 898 01:20:13,220 --> 01:20:20,620 the material then then it'll pass yes it'll pass we voted and we agreed and project moved forward 899 01:20:20,620 --> 01:20:23,740 So, we had the troubleshoot in the fall of that issue. 900 01:20:23,960 --> 01:20:26,160 I do want to get us planning issues. 901 01:20:26,520 --> 01:20:28,840 So, the hard thing I think that is hard to understand with 902 01:20:28,840 --> 01:20:32,440 planning review is that we do involve all the departments 903 01:20:32,440 --> 01:20:35,320 because what we don't want to have happen is you come with 904 01:20:35,320 --> 01:20:37,140 your beautiful commercial building to planning commission 905 01:20:37,140 --> 01:20:39,920 and you approve it and then it goes to engineering 906 01:20:39,920 --> 01:20:41,520 for grading and improvement plans and they say 907 01:20:41,520 --> 01:20:42,600 absolutely not redesign. 908 01:20:43,460 --> 01:20:44,780 Nobody wants to go through that. 909 01:20:44,880 --> 01:20:47,180 That is a very expensive mistake. 910 01:20:47,660 --> 01:20:53,820 So we involve departments because different departments are looking at different things. 911 01:20:54,080 --> 01:21:01,400 Fire is looking from a life safety standpoint, engineering is looking at their requirements of such as that project. 912 01:21:01,660 --> 01:21:03,980 And then planning is looking at what does the zoning ordinance say. 913 01:21:04,460 --> 01:21:09,060 So if the zoning ordinance says, I don't know, it has to be 10 feet from the property line. 914 01:21:09,200 --> 01:21:10,880 It has to be 10 feet from the property line. 915 01:21:11,000 --> 01:21:16,360 If the zoning ordinance says you will have a tree every 30 feet on center, you have to have a tree every 30 feet on center. 916 01:21:16,360 --> 01:21:18,260 And so that is what planning sticks to. 917 01:21:18,440 --> 01:21:20,280 We are sticking to the code. 918 01:21:21,200 --> 01:21:23,320 And with commercial, there's a little bit of leeway 919 01:21:23,320 --> 01:21:26,220 with design, but we usually take it to you 920 01:21:26,220 --> 01:21:26,920 for your opinion. 921 01:21:28,240 --> 01:21:30,460 But other departments have their own things 922 01:21:30,460 --> 01:21:31,360 that they're looking at. 923 01:21:31,380 --> 01:21:33,000 Yeah, I agree. 924 01:21:33,680 --> 01:21:35,260 That seems very challenging. 925 01:21:35,420 --> 01:21:36,860 Who is leaving the project ultimately? 926 01:21:37,080 --> 01:21:38,100 Is there so many departments on our own? 927 01:21:38,120 --> 01:21:39,840 Ultimately, the planner leads the project, 928 01:21:39,840 --> 01:21:42,440 because they're bringing it either at the planning stage. 929 01:21:42,700 --> 01:21:45,140 The planner leads the project and the planning stage. 930 01:21:45,140 --> 01:21:51,180 Yeah, so if a department tells me that that is their requirement, then that's the requirement 931 01:21:51,180 --> 01:21:55,660 I will alert the applicant that that is the requirement and they are free to call engineering 932 01:21:55,660 --> 01:21:59,680 They get if they get a letter and pretend they're complete. We have no issues 933 01:21:59,680 --> 01:22:04,580 Obviously, they're gonna get a notice for me seeing their complete, but if they get a letter from staff 934 01:22:05,180 --> 01:22:11,320 That letter says these are the the comments that we've received and I'm listing them out for you 935 01:22:11,320 --> 01:22:17,860 And these are the departments that made that comment and then you can contact them and that department may then later call me and say I 936 01:22:17,860 --> 01:22:26,080 Remove said comment and I'll you know make a note of it and said comment is removed and that's how that process works and sometimes they say take it to the 937 01:22:26,080 --> 01:22:35,340 Commission and recommend denial because of the parking and then we bring it to you so yeah, I mean it's it's on a whole separate conversation. 938 01:22:35,340 --> 01:22:48,340 There literally was, I'm pretty positive, Director Kelly had mentioned, literally that technically speaking it's almost like secret Santa because the left doesn't, you know, the one hand doesn't talk to the other hand. 939 01:22:48,860 --> 01:22:51,320 Like, because you had what code enforcement having an issue. 940 01:22:51,500 --> 01:22:51,700 Yes. 941 01:22:52,520 --> 01:22:55,320 And they're like, I'm doing what the plan is telling me. 942 01:22:55,420 --> 01:22:59,280 I'm actually following the rules, but I'm getting fined and now I have $3,000 in fines. 943 01:22:59,280 --> 01:23:01,980 And they're like, well, that's not our department, so it's your problem kind of thing. 944 01:23:01,980 --> 01:23:07,660 And it's like at a certain point like it just comes to a head right the project by itself blows up because there is no 945 01:23:08,240 --> 01:23:09,960 continuity that I know there's no communication 946 01:23:10,780 --> 01:23:16,140 And ultimately yeah, it's a lot of frustration. I just want to add on that. I'm not an elected official 947 01:23:16,140 --> 01:23:20,780 But I think so I can't give direction to you guys, but I think what I 948 01:23:23,680 --> 01:23:27,080 Don't want to speak for the council, but I can always speak for myself 949 01:23:27,080 --> 01:23:31,120 I think what we're trying to get at because I get it housing is more modular correct 950 01:23:31,120 --> 01:23:35,180 It's new developments are easier because they're modular. 951 01:23:35,480 --> 01:23:37,380 In other words, it's just kind of one go. 952 01:23:37,920 --> 01:23:38,780 These guys are really good. 953 01:23:38,940 --> 01:23:39,620 It can't be homes. 954 01:23:39,760 --> 01:23:41,100 They build thousands of these things. 955 01:23:41,180 --> 01:23:41,940 They're modular. 956 01:23:42,360 --> 01:23:43,260 So for you guys. 957 01:23:43,380 --> 01:23:45,620 Is that the ones I made big errors over it? 958 01:23:46,160 --> 01:23:47,920 Cross-room, can I ask a little bit? 959 01:23:49,220 --> 01:23:50,320 Which one was that one? 960 01:23:51,260 --> 01:23:51,960 Type-room homes. 961 01:23:52,280 --> 01:23:54,200 But you understand, they're more modular. 962 01:23:54,520 --> 01:23:55,780 It's kind of one-in-go. 963 01:23:56,380 --> 01:23:57,700 They're professionals about it. 964 01:23:57,900 --> 01:24:00,420 When you have a small business, it's 965 01:24:00,420 --> 01:24:07,200 It's going to be more, okay, like as Peter's point, it almost seems like, like an old 966 01:24:07,200 --> 01:24:11,640 supervisor once said, sometimes it's easier to ask for forgiveness than for permission. 967 01:24:12,580 --> 01:24:18,780 And I'm not, that's not advice, you know, but because once you do something, you open this 968 01:24:18,780 --> 01:24:22,680 Pandora's box because you're not up to code for here, you're not up to code to here, you 969 01:24:22,680 --> 01:24:27,520 have to do these modifications, you need a ramp, whatever it may be, but it sounds like 970 01:24:27,520 --> 01:24:35,840 Newer developments are going to be inherently easier for the planning department engineering. 971 01:24:36,820 --> 01:24:44,300 It depends. I mean obviously residential subdivision, again, we're working with a formula. 972 01:24:45,420 --> 01:24:54,480 A ground up commercial project, right, on vacant land, can still have many issues from 973 01:24:54,480 --> 01:24:58,320 the first get go because sometimes the circulation does not work. 974 01:24:59,040 --> 01:25:03,980 And just because they've had an expert design it doesn't mean it's going to work in the 975 01:25:03,980 --> 01:25:07,100 context of the city and so they'll get comments on that. 976 01:25:07,500 --> 01:25:12,080 It is harder when you're in older business and you want to do anything to your property 977 01:25:12,080 --> 01:25:23,940 because if I am a tenant, and I upgrade the inside of my building, which for the most part that doesn't involve planning, but you have to come to current building code and there's nothing we can do. That's a state regulation. 978 01:25:25,160 --> 01:25:41,900 And I think just to carry on, I can't speak for the planning, I'm not planning the commission or the city council, but I think what we're trying to say is there was an applicant that came in and we troubleshoot it. 979 01:25:41,900 --> 01:25:47,600 it. All they had to do was one minor adjustment and everything went away. And I think that's 980 01:25:47,600 --> 01:25:52,160 the frustration is, is, is I personally would have liked to see more discretion from the 981 01:25:52,160 --> 01:25:56,400 planners like, Hey, why don't you tell the applicant not to do this? Or maybe you didn't 982 01:25:56,400 --> 01:26:03,800 know, but I think it's a discretion of like, somebody could get hooked up on one minor thing. 983 01:26:04,200 --> 01:26:09,420 And that's the frustration, I think that, but I personally think is, is, is they almost 984 01:26:09,420 --> 01:26:14,720 walk themselves into this, and I think that's the first, and I get that's not your job, 985 01:26:14,900 --> 01:26:20,880 it's like your job is just to see what they submitted, but it's like, I mean, I will try not 986 01:26:20,880 --> 01:26:27,180 to speak to this project specifically, but there was a lot of conversations between the planning 987 01:26:27,180 --> 01:26:33,100 department and the engineering department throughout this process of how to make that comment, go away, 988 01:26:33,100 --> 01:26:42,940 and engineering was standing firm on it so we could not change the comments to the applicant and then it changed the commission. 989 01:26:44,540 --> 01:26:57,260 So I do understand your frustration. I think part of where we're trying to go with what's within our zoning code and within the planning department's ability to reflect changes is to work on these procedures. 990 01:26:57,260 --> 01:27:15,620 and then ultimately, as we get into Phase 4 and really are talking about design and talking about zoning regulations to make amendments, the whole code, like Erica said, needs to be repealed and replaced with a modern code because we do have outdated standards. 991 01:27:15,620 --> 01:27:22,700 As we get into those standards, that's going to be really nuanced conversations that we're having with the commission. 992 01:27:22,940 --> 01:27:24,780 You know, we're going to be talking to you about trees. 993 01:27:25,080 --> 01:27:29,940 And that's going to be Eric's favorite study session because she's really in the landscaping. 994 01:27:30,120 --> 01:27:35,500 But what our ultimate goal, and this is a long project, it is a face project. 995 01:27:35,560 --> 01:27:41,380 We're going to be having study sessions talking about one chapter at a time, two chapters at a time for a while with you guys. 996 01:27:41,380 --> 01:27:49,940 But the ultimate goal is we need as a city to have these updated standards so that staff can apply them. 997 01:27:50,220 --> 01:27:57,020 Now, is it going to solve all our problems? No, because we have Title 16 and we have Title 15 and we have building codes 998 01:27:57,020 --> 01:28:01,560 and these types of things that also are impacting projects as they come through. 999 01:28:02,180 --> 01:28:09,600 But where we have power as planning department, the planning division, the planning commission is to fix our zoning issues 1000 01:28:09,600 --> 01:28:12,540 and talk about what requires planning permits, 1001 01:28:13,260 --> 01:28:16,740 what conditions we can put on projects to make them, 1002 01:28:17,160 --> 01:28:19,980 you know, if we have a standard set of conditions 1003 01:28:19,980 --> 01:28:21,220 from planning perspective, 1004 01:28:21,320 --> 01:28:23,120 then we don't have to talk about whether or not 1005 01:28:23,120 --> 01:28:24,400 they'll meet those things, right? 1006 01:28:24,660 --> 01:28:27,860 So that's where we're trying to go with these zoning upgrades, 1007 01:28:28,120 --> 01:28:31,500 with these study sessions, fixing our planning procedures, 1008 01:28:31,840 --> 01:28:34,800 working on our planning permits, downgrading them, 1009 01:28:34,960 --> 01:28:37,920 and then ultimately, as we get into phase four, 1010 01:28:37,920 --> 01:28:45,040 which hopefully will kick off more so after the general plans adopted because then we can work 1011 01:28:45,040 --> 01:28:50,580 on zoning that needs new general plan policy, right? Because if right now the general plan says 1012 01:28:50,580 --> 01:28:54,420 one thing in regard to landscaping and then in the future the general plan says something else, 1013 01:28:54,420 --> 01:29:00,220 then we've got to change the code anyway. So design requirements, zoning requirements, that's that 1014 01:29:00,220 --> 01:29:04,920 phase four that's going to follow once we have general plan policy to implement with new code. 1015 01:29:04,920 --> 01:29:33,620 But I think that we do hear you, we do hear applicants internally, we are working on better communication with our fellow departments and our fellow agencies, but where planning has per view is kind of at the planning stage, our job is to kind of say, what are your requirements, what are your requirements, what are your requirements and try to package those things together, it's harder for us, though we do try to facilitate, you know, conflict. 1016 01:29:33,620 --> 01:29:37,500 It's harder for us to say you can't have that requirement in sharing department. 1017 01:29:37,700 --> 01:29:42,940 You can't have that requirement for our department because that's why they have their 1018 01:29:42,940 --> 01:29:44,660 purview and their requirements as well, right? 1019 01:29:44,800 --> 01:29:47,000 We kind of have to mesh those into our permits. 1020 01:29:47,360 --> 01:29:51,560 And if a project is denied in 10th century commission, they don't have to pay anything, right? 1021 01:29:51,620 --> 01:29:55,720 It's like the 3,000 fee for an appeal, was it 3,000 or 5,000? 1022 01:29:55,720 --> 01:29:59,540 The project is brought like a signar in touch with you. 1023 01:30:00,210 --> 01:30:29,550 If we get to a point where between staff and the applicant, we can't make a recommendation for approval. It will still come to the commission. It would be the only thing that would be an appeal where there's an additional fee for processing an appeal is if, let's say it was a staff level decision. In this example, minor SNA, right, in our new co-policy, minor SNA is approved or is denied, then someone could appeal that to the commission that's processing the appeal application. 1024 01:30:29,550 --> 01:30:31,950 but for a major site and architecture review, 1025 01:30:32,070 --> 01:30:33,410 that would still be before the commission, 1026 01:30:33,730 --> 01:30:35,730 so whatever the recommendation might be, 1027 01:30:35,870 --> 01:30:36,570 that's not a fee. 1028 01:30:37,230 --> 01:30:39,170 The decision is still at the commission, 1029 01:30:39,430 --> 01:30:41,110 whether it's a recommendation for approval 1030 01:30:41,110 --> 01:30:42,770 or denial or just consideration. 1031 01:30:43,170 --> 01:30:45,090 And by staff, you mean staff with a planning department? 1032 01:30:46,170 --> 01:30:48,710 It would be the community development director 1033 01:30:48,710 --> 01:30:55,710 or for probably the lesser of major and minor 1034 01:30:55,710 --> 01:30:57,470 or minor and administrative. 1035 01:30:57,810 --> 01:30:59,010 It would be staff level, yes. 1036 01:30:59,530 --> 01:31:04,610 designated, but ultimately it was come under the community development directors as the 1037 01:31:04,610 --> 01:31:04,810 staff. 1038 01:31:07,690 --> 01:31:14,690 I see all the attachments of the email communication, the multiple requests to meet with certain 1039 01:31:14,690 --> 01:31:19,570 individuals, certain departments, and then to the refusal, right, just holding strong. 1040 01:31:20,350 --> 01:31:25,950 And I feel like that's something that it's not really a process, it's more of a personal 1041 01:31:25,950 --> 01:31:26,550 choice, right? 1042 01:31:27,190 --> 01:31:40,210 And like this last project again, it was through talking to the individual holding up the project and picking up on the cues of how things were being presented that we were able to dig in and figure out, okay, that's the issue there. 1043 01:31:40,810 --> 01:31:47,830 And I recall the engineer from the applicant asking very related questions and asking for immediate clarity. 1044 01:31:47,830 --> 01:31:52,110 And but you kind of enforce it in between something outside of your department, right? 1045 01:31:52,450 --> 01:32:00,470 But I understand it's a challenge, but I think it's, I don't know if this will address that, but that's more, that's another item, I think. 1046 01:32:00,810 --> 01:32:02,570 Okay, maybe we put that on the auction. 1047 01:32:02,990 --> 01:32:16,570 Maybe, again, if I'm just saying like this could only do so much, but there's still individual decisions that are made that fold up, things for businesses and for new businesses or projects, but that's the separate conversation I think. 1048 01:32:16,570 --> 01:32:20,970 We do continue to try to work on that process to make it easier for everyone. 1049 01:32:21,750 --> 01:32:27,370 In the last two years maybe, we've created a comprehensive list of all the 1050 01:32:27,370 --> 01:32:31,370 submittal requirements that's supposed on our website and people can easily go down the list 1051 01:32:31,370 --> 01:32:36,490 and check it off, what applies to them, and that has actually sped up the review of most projects. 1052 01:32:37,010 --> 01:32:43,010 We continue to post additional information or focused applications so that people can get through the process 1053 01:32:43,010 --> 01:32:47,870 us more quickly, so now we have a conditional use permit application that really guides people 1054 01:32:47,870 --> 01:32:52,990 into answering questions on that application form, whereas what we found before was people 1055 01:32:52,990 --> 01:32:55,950 give us a submittal and we're missing half the information we actually need to process 1056 01:32:55,950 --> 01:32:59,050 it, so we're guiding them through the process to make it easier. 1057 01:33:00,670 --> 01:33:07,010 It is kind of a fact of the way this goes that people will submit and they will omit a lot 1058 01:33:07,010 --> 01:33:11,030 of the necessary information, and we will have to ask them to resummit. 1059 01:33:11,030 --> 01:33:15,810 recent medals do typically tend to go faster unless it was they did not listen to anything we had 1060 01:33:15,810 --> 01:33:22,070 and they basically are reapplying on the second round. So we do tend to do the second round faster. 1061 01:33:22,630 --> 01:33:27,990 Most of my projects have gone quite quickly to you. The polytechnic academy was held up because we're 1062 01:33:27,990 --> 01:33:33,290 waiting on a focus traffic analysis that takes time to prepare and review and then I think I've had 1063 01:33:33,290 --> 01:33:39,450 the conditional use point for the San Benino billiards and that went through two reviews because 1064 01:33:41,030 --> 01:33:47,130 The first review is missing vital information and so we need that information to properly conditions but so for today 1065 01:33:47,830 --> 01:33:49,570 Right, we're looking at today 1066 01:33:50,590 --> 01:33:52,670 Do you have any comments on this? 1067 01:33:56,330 --> 01:34:00,810 Comment do is there any public comments on this item? 1068 01:34:02,650 --> 01:34:05,670 We do not have any public comments. Okay. Thank you 1069 01:34:05,670 --> 01:34:09,610 And is there any further discussion or emotion on this item? I 1070 01:34:13,350 --> 01:34:14,390 don't have any more discussion 1071 01:34:14,390 --> 01:34:19,950 but I'll make a motion if we're already to what would that motion be? 1072 01:34:19,950 --> 01:34:23,430 I was just going to say I don't and I don't know what that is about. 1073 01:34:23,650 --> 01:34:24,310 I was out of make. 1074 01:34:24,770 --> 01:34:24,990 Absolutely. 1075 01:34:25,590 --> 01:34:26,290 Thank you. 1076 01:34:26,910 --> 01:34:29,570 It's not till what final phase or whatever. 1077 01:34:30,210 --> 01:34:34,390 So yeah, so we're slowly and this is going in pieces and your next one will probably be 1078 01:34:34,390 --> 01:34:39,250 along like the previous one was and then once we're all done it gets wrapped together into 1079 01:34:39,250 --> 01:34:42,010 one for a review and recommendation. 1080 01:34:42,430 --> 01:34:42,950 Thank you. 1081 01:34:42,950 --> 01:34:49,210 So then let's move on, I think this is where we can talk about our action 8.1 planning commission reports. 1082 01:34:50,050 --> 01:34:57,870 Is there any reports and is this our opportunity then to also request? 1083 01:34:58,530 --> 01:35:07,990 Yeah, so if you look at your agenda, it says that this is the time for commission to refer public or commission questions to staff. 1084 01:35:07,990 --> 01:35:14,370 Request staff to report to the commission on a matter at a future meeting or direct staff to place a matter on a future agenda 1085 01:35:14,370 --> 01:35:19,530 And then so anything nothing would be discussed tonight, but rather brought back at a future meeting 1086 01:35:19,530 --> 01:35:22,070 So who would like to start? 1087 01:35:22,430 --> 01:35:28,430 So I yeah, I obviously would appreciate to bring these the recommendations back or the seven items 1088 01:35:28,430 --> 01:35:32,070 For discussion ultimately for vetting and ultimately 1089 01:35:32,070 --> 01:35:42,850 to tighten up the recommendations to be forwarded to the council for their consideration and then you know at that point it's at their discretion adoption. 1090 01:35:44,150 --> 01:36:00,690 So that's my recommendation but we're on the infirm what is it on the commission reports reports so one just final point on I think kind of putting a cap on the whole discussion or at least on my end is speaking to councilman 1091 01:36:00,690 --> 01:36:06,050 as and kind of obviously paying attention to meetings and sensing the consideration of the council 1092 01:36:06,050 --> 01:36:13,130 or at least what I would imagine sounds like the will of the body in general is there's the big 1093 01:36:13,130 --> 01:36:18,930 sense of urgency for economic development. We need to grow our economy. We need to focus on commercial 1094 01:36:19,730 --> 01:36:26,490 small business, creating opportunity or at least facilitating opportunity and they're at the high 1095 01:36:26,490 --> 01:36:31,250 And we're dealing with obviously a huge deficit at the federal level, and now it seems 1096 01:36:31,250 --> 01:36:38,170 to be the LAO had just mentioned that there was an $80 billion deficit expected this next 1097 01:36:38,170 --> 01:36:38,450 year. 1098 01:36:38,970 --> 01:36:43,810 So the bottom line is it looks like the trend is going upwards in the deficit, which the 1099 01:36:44,810 --> 01:36:48,910 oversimplified interpretation means, at the local level, there's going to be resources cut 1100 01:36:49,350 --> 01:36:55,950 or there'll be less revenue for our local economy to address the city services and the things 1101 01:36:55,950 --> 01:37:02,370 necessary. So that being said, that's why they're wanting to see where we are with commercial 1102 01:37:02,370 --> 01:37:05,970 development and how do we get to where we need to be to grow. That's what, you know, the 1103 01:37:05,970 --> 01:37:11,490 bike relays another example. Where do we need to be? So that's why I think these things have to 1104 01:37:11,490 --> 01:37:18,170 have a sense of urgency. I wouldn't maybe like to at least consider having a maybe another reporter 1105 01:37:18,170 --> 01:37:23,990 presentation on the current layout of the land of what is our zoning as it applies to commercial, 1106 01:37:23,990 --> 01:37:40,830 what are the amount of projects that we have that are in the queue, which ones have not been able to go through, maybe potential issues, and maybe even what is the potential of these economic projects if they actually get fulfilled right if they actually get passed and ultimately come into our community. 1107 01:37:41,570 --> 01:37:46,910 Something that kind of gives us at least a better understanding and I think that could also filter back to the council. 1108 01:37:46,910 --> 01:37:49,210 Like summary of current applicants. 1109 01:37:49,330 --> 01:37:50,810 Current applicants, yeah. 1110 01:37:51,090 --> 01:37:53,510 I mean, I didn't know if an error was coming in to our backyard 1111 01:37:53,510 --> 01:37:55,530 until it was pretty much coming out. 1112 01:37:55,690 --> 01:37:56,210 Right. 1113 01:37:56,670 --> 01:37:57,070 I agree. 1114 01:37:58,010 --> 01:37:59,290 Just on one clarification. 1115 01:37:59,810 --> 01:38:01,230 So what was the action item? 1116 01:38:01,770 --> 01:38:04,430 I'm sorry, just someone can refresh. 1117 01:38:05,330 --> 01:38:09,050 You gave recommendation last two recommendations. 1118 01:38:09,630 --> 01:38:13,110 So the first one was the seven items for the review process. 1119 01:38:13,870 --> 01:38:16,450 And you wanted to see that implemented 1120 01:38:16,450 --> 01:38:32,770 Or you said no, so that would be a recommendation for us to have a conversation about it at the next meeting, and that way we can basically make sure that they're, you know, through the attorney and ultimately staff to clean up the language to make sure that it goes forward as certain recommendations from the council. 1121 01:38:33,030 --> 01:38:35,370 So that should have been reflected today. 1122 01:38:35,630 --> 01:38:37,830 That would have been today if it would have come forward today, yeah. 1123 01:38:38,370 --> 01:38:39,490 Is that your interpretation? 1124 01:38:39,490 --> 01:38:42,410 I don't know, I just want to make sure we're all on the same page. 1125 01:38:42,910 --> 01:38:46,190 So should it, Mr. Hernandez felt like it should have been reflected today? 1126 01:38:46,410 --> 01:38:48,650 I don't know, did you guys get that interpretation? 1127 01:38:48,870 --> 01:38:49,830 I just want to make sure- 1128 01:38:49,830 --> 01:38:54,030 Well, I understand the reflection today. 1129 01:38:54,570 --> 01:39:01,890 I think where staff was at at the last meeting and we will reflect it in the minutes that that was the reflection. 1130 01:39:01,990 --> 01:39:06,550 But where staff was at at the meeting and where I think we'll have to continue to be at is that 1131 01:39:06,550 --> 01:39:13,050 But as far as discussions of the body of the planning commission, we can only have a discussion 1132 01:39:13,050 --> 01:39:16,310 about things that are within the purview of the planning commission. 1133 01:39:16,490 --> 01:39:22,450 But what we can do is provide an additional memo to the memo that was provided if there's 1134 01:39:22,450 --> 01:39:28,710 more that we can just informationally provide you about these things so at least that can give 1135 01:39:28,710 --> 01:39:29,230 a response. 1136 01:39:29,230 --> 01:39:36,990 Because I'm just going to use the there was something you want actionable something tangible. I mean I so I sound like I'm going to say it again. 1137 01:39:37,710 --> 01:39:45,010 It's just putting these recommendations into a basically something that gets forwarded to the council. 1138 01:39:46,210 --> 01:39:54,490 And gives them the discretion to consider those as potential amendments to their policies right because we're not policy makers they are. 1139 01:39:54,490 --> 01:40:00,570 And that way they can start to implement it into the planning process if that is the will of the City Council's body. 1140 01:40:00,770 --> 01:40:09,070 Yeah, well, I agree with that. I don't know if that's the will of this body this board, but I do agree with your recommendations or our recommendations. 1141 01:40:10,030 --> 01:40:18,650 I mean, and technically it's kind of going into next month to really at that point is to tighten that list up forward it to the council. 1142 01:40:18,650 --> 01:40:22,810 and then at that point on their end they're like okay we know exactly what the 1143 01:40:22,810 --> 01:40:26,910 with the commission wants let's talk about it and we could say yeah we don't 1144 01:40:26,910 --> 01:40:31,870 agree or maybe we should talk about it and on there and they would have to 1145 01:40:31,870 --> 01:40:37,010 go into a whole cleanup process to make it legal and ultimately something that 1146 01:40:37,010 --> 01:40:41,730 they can officially adopt into their process if that's their will right not it's 1147 01:40:41,730 --> 01:40:45,490 not yeah at that point it's we're just handing it off to them for them okay and so 1148 01:40:45,490 --> 01:40:51,170 Right now each of us will add if you have like a report or an additional 1149 01:40:51,170 --> 01:40:53,770 No, I don't have anything else to add. 1150 01:40:53,930 --> 01:41:00,190 And I had made two recommendations. The second one was for another agenda item that actually talked about the actual projects. 1151 01:41:00,770 --> 01:41:07,250 What do we have with the queue? What are the potentials and ultimately if there's any delays or issues, right? 1152 01:41:07,390 --> 01:41:09,250 What are the things that are happening with those projects? 1153 01:41:09,390 --> 01:41:13,930 And just to set expectations on that one, we'll have to keep it very high level, likely not naming the project 1154 01:41:13,930 --> 01:41:20,830 because we can't bring a project that isn't publicly noticed for any sort of discussion. 1155 01:41:21,070 --> 01:41:27,730 So it might be like there's a restaurant, a gas station, so something general and high level if that's brought back. 1156 01:41:28,470 --> 01:41:37,230 One, but even if we had that and then maybe just the number of those projects and, you know, even if we need the industry, I think we could easily 1157 01:41:40,270 --> 01:42:07,210 and I think just two expectations again, I can definitely work on a memo, so at least from an informational perspective, I can address all of these items to the commission with information, but from what the planning commission can discuss, and as it relates specifically to projects that aren't before you, you know, I could work on a high-level list, but we might not be able to discuss it here, but I think it's going to be a good idea. 1158 01:42:07,210 --> 01:42:11,190 or even if it is tangentially planning related, 1159 01:42:11,890 --> 01:42:13,250 like things like fees, 1160 01:42:13,590 --> 01:42:16,250 that even to make a recommendation to the council, 1161 01:42:16,670 --> 01:42:19,450 that is not the body of the planning commissions 1162 01:42:19,450 --> 01:42:22,050 per view to make a recommendation on a fee like that. 1163 01:42:22,470 --> 01:42:26,310 But I can provide information to the planning commission 1164 01:42:26,310 --> 01:42:29,310 informationally about all these items 1165 01:42:29,310 --> 01:42:32,290 and I will bring back what can be brought back 1166 01:42:32,290 --> 01:42:32,810 for discussion. 1167 01:42:34,610 --> 01:42:39,850 another related item I think was the way the minutes are recorded I guess or 1168 01:42:39,850 --> 01:42:45,950 reported that is a change from what you're used to and we want to discuss that 1169 01:42:45,950 --> 01:42:50,630 next meeting just to say just changing the way that's even an option it should be 1170 01:42:50,630 --> 01:42:55,050 I mean that's pretty standard practice in most boards regardless of so putting it on 1171 01:42:55,050 --> 01:43:01,730 the agenda as a discussion item for us okay for next month so we know like what's 1172 01:43:01,730 --> 01:43:02,430 What's the possibility? 1173 01:43:02,550 --> 01:43:03,470 What's the expectation? 1174 01:43:03,890 --> 01:43:04,150 Exactly. 1175 01:43:04,370 --> 01:43:04,830 That's good. 1176 01:43:05,150 --> 01:43:06,090 Anything else? 1177 01:43:07,070 --> 01:43:07,730 For you? 1178 01:43:08,870 --> 01:43:14,630 I mean, yeah, so I'm trying to dissect a little bit what Director Kelly had mentioned 1179 01:43:14,630 --> 01:43:23,250 because I mean, anything that we say is not policy decisions. 1180 01:43:23,870 --> 01:43:28,710 I'm not technically there's no violation until I ask for a vote for something that's not 1181 01:43:28,710 --> 01:43:35,390 even within our own jurisdiction, making recommendations, it's literally just, this is what we're thinking, 1182 01:43:35,930 --> 01:43:41,930 you tell us if we're wrong or if you completely disagree. So, here's the reality, right? Again, 1183 01:43:42,270 --> 01:43:47,670 getting back to what I had mentioned earlier, if this doesn't happen, if there is no real discussion 1184 01:43:47,670 --> 01:43:55,830 about the actual granular elements, councils' elected bodies, especially our very high level 1185 01:43:55,830 --> 01:44:01,750 And the policy, right, they have to get into the weeds a little bit to understand what 1186 01:44:01,750 --> 01:44:05,430 are the intrinsic otherwise you're making a decision that might have a negative impact, 1187 01:44:05,430 --> 01:44:09,890 not even realizing it because you really don't understand the implications of that decision. 1188 01:44:10,310 --> 01:44:15,570 So it's really important that we're able to give recommendations so that they can say, okay, 1189 01:44:15,690 --> 01:44:21,290 we have the info, we have staff, you tell us, and then they can clean up whatever their thinking 1190 01:44:21,290 --> 01:44:26,610 is and then apply that in the policy process and ultimately with the direction or at least 1191 01:44:26,610 --> 01:44:32,670 the guidance of the city attorney, then you make it an actual legal element in your 1192 01:44:32,670 --> 01:44:37,550 own policy process. If we don't even give them anything, they're not good. All I know 1193 01:44:37,550 --> 01:44:42,830 is anytime I talk to Councilman Rosendez and at times when I've talked separately to Mayor 1194 01:44:42,830 --> 01:44:49,450 Stevens, as an example, they only know what we know, which is very little, which means 1195 01:44:49,450 --> 01:44:53,150 they're not able to solve the very problems that we're talking about because they don't know, 1196 01:44:53,350 --> 01:44:55,370 we don't know, then who knows, and besides that. 1197 01:44:56,090 --> 01:44:59,910 And so, if, unless you have, I wanted to add to the request. 1198 01:45:00,000 --> 01:45:29,280 Yes, that you have to do have another on that data report. The general data is there also an opportunity to know how many were denied, how many projects in whatever categories were denied this year. So for example, if there were two restaurants that were denied. Yeah, we can definitely provide anything that's had a decision is a lot easier to give information on than an in process application. 1199 01:45:29,280 --> 01:45:45,200 I suppose what if I could ask just so I make sure that I provide the information that you like what the purpose of that is just to kind of give us and it's because we have just, you know, from what we hear, right? 1200 01:45:45,420 --> 01:45:48,260 So we have a narrative of different people what they tell us. 1201 01:45:48,260 --> 01:45:57,520 But this, yeah, I was going to make it easier, I think, to have what was denied, but maybe 1202 01:45:57,520 --> 01:46:03,840 you guys could even make a list of why it was denied, and it doesn't have to be a nuanced 1203 01:46:03,840 --> 01:46:11,640 list, like each one needs to be complete nuanced, but you could have four categories, one 1204 01:46:11,640 --> 01:46:17,340 maybe use engineering and stuff like that too, something just to give us some kind of indication 1205 01:46:18,070 --> 01:46:27,160 and then if you you know four four five one equals fire two equals circulation whatever you guys 1206 01:46:27,160 --> 01:46:33,380 get general point right and then you'd have the projects so then we can then identify what's holding 1207 01:46:33,380 --> 01:46:38,360 most of these projects up oh it's circulation is holding most of these projects up and then you'd 1208 01:46:38,360 --> 01:46:40,520 have a list of the projects in the next cell, 1209 01:46:40,640 --> 01:46:41,440 however, that would look. 1210 01:46:42,560 --> 01:46:44,720 So I don't know if that makes it easier or over. 1211 01:46:45,280 --> 01:46:47,720 No, I think where I was just going with the question 1212 01:46:47,720 --> 01:46:50,300 and I understand it was, you know, 1213 01:46:50,380 --> 01:46:54,960 this is at all planning applications, correct? 1214 01:46:55,280 --> 01:46:57,380 Yes, okay, so I can definitely do that. 1215 01:46:57,720 --> 01:47:01,200 Also, I, I, from an expectations perspective, 1216 01:47:01,480 --> 01:47:05,140 that I can't give you building and engineering application 1217 01:47:05,140 --> 01:47:07,240 because of that's not the applications we process. 1218 01:47:07,860 --> 01:47:12,500 But I can tell you that there's probably incredible feel that's going to be a handful. 1219 01:47:13,540 --> 01:47:21,420 And I think, and then for me, a follow-up with this discussion we had is also are we going 1220 01:47:21,420 --> 01:47:26,880 to be reviewing in any of these chapters, not just an appeal process, but a complaint process 1221 01:47:26,880 --> 01:47:32,700 of, for example, if there's a specific department that's not getting back to somebody, right? 1222 01:47:32,800 --> 01:47:35,420 Or if there's a specific entity or person. 1223 01:47:35,420 --> 01:47:40,880 and I think with any business, government does what have you, there's always a complaint 1224 01:47:40,880 --> 01:47:41,960 process, right? 1225 01:47:42,120 --> 01:47:46,360 And so I think when people only change when they're held accountable, right? 1226 01:47:46,500 --> 01:47:51,140 If you just, you know, turn around and, oh, no big deal, but if we hold people accountable, 1227 01:47:51,140 --> 01:47:56,920 then people are more apt to follow and respond appropriately, right? 1228 01:47:56,960 --> 01:48:00,920 So I think is there a complaint process or is that part of the things that we would? 1229 01:48:00,920 --> 01:48:12,520 And if it's not in our purviews and I guess it's just informational and then and then we could figure out, you know, with our city council, maybe they need a complete process. 1230 01:48:13,840 --> 01:48:14,660 Does that make sense? 1231 01:48:16,040 --> 01:48:27,780 It does. I'm trying to, well, it's definitely not something in the zoning code. So, and I think from a, what is the process by which to complain about your planning application? 1232 01:48:27,780 --> 01:48:29,660 and that is the appeal process, right? 1233 01:48:29,920 --> 01:48:31,700 So I think complaints, 1234 01:48:32,640 --> 01:48:34,340 it's definitely not something appropriate 1235 01:48:34,340 --> 01:48:35,220 for a zoning ordinance. 1236 01:48:35,480 --> 01:48:37,220 It would be just the, you know, 1237 01:48:37,300 --> 01:48:38,780 I don't know what I'm getting at with the. 1238 01:48:39,060 --> 01:48:41,800 Yeah, I mean, I think you're talking about complaining 1239 01:48:42,240 --> 01:48:43,760 about a particular employee. 1240 01:48:44,240 --> 01:48:46,000 And I think the process with the city 1241 01:48:46,000 --> 01:48:47,500 is the same as it is with any business. 1242 01:48:47,700 --> 01:48:48,880 You're gonna talk to their boss. 1243 01:48:49,140 --> 01:48:50,360 You're gonna talk to the city manager. 1244 01:48:50,960 --> 01:48:53,200 I mean, it's not documented as such in the code, 1245 01:48:53,340 --> 01:48:53,900 not that I've seen. 1246 01:48:54,280 --> 01:48:55,580 Not in the zoning code for sure, 1247 01:48:55,680 --> 01:48:56,960 but I haven't seen it anywhere else 1248 01:48:56,960 --> 01:49:01,100 in the municipal code, but I don't think that it's typically in municipal codes because 1249 01:49:01,100 --> 01:49:02,900 the municipal code is the law, right? 1250 01:49:03,360 --> 01:49:08,280 So a complaint process might be a form on the city's website, or it's just talking 1251 01:49:08,280 --> 01:49:12,140 to the person's boss, like is it like if you go and get that to Rice at a school or? 1252 01:49:12,300 --> 01:49:17,840 You were on the school board, Carla, right, so technically speaking, and I understand the 1253 01:49:17,840 --> 01:49:24,420 reality of privacy elements with speaking about staff, potential liability, but technically 1254 01:49:24,420 --> 01:49:30,640 speaking, that's why whether it's a commissioner, you know, or elected body, they can't have 1255 01:49:30,640 --> 01:49:35,700 a discretionary element to their process to create a close, close session type conversation 1256 01:49:35,700 --> 01:49:40,960 to basically not about it, but technically as the appointed body or even the elected bodies, 1257 01:49:41,340 --> 01:49:46,420 they have a right to that information, you know, they should have the right to discuss it 1258 01:49:46,420 --> 01:49:47,240 to understand it. 1259 01:49:47,320 --> 01:49:52,040 Again, it's all up for the sake of implementing the will of the voters, which are the ones 1260 01:49:52,040 --> 01:49:56,700 the taxpayers that are paying for, yeah, for all the services and putting city 1261 01:49:56,700 --> 01:50:01,660 stuff. Yeah, but okay, thank you for answering it in your right Commissioner 1262 01:50:01,660 --> 01:50:05,900 Hernandez. I was just kind of thinking because we're all kind of circling 1263 01:50:05,900 --> 01:50:14,000 around something, but you know maybe maybe it goes to another entity. So, and I'll 1264 01:50:14,000 --> 01:50:19,400 speak to who I need to speak to at City Council about that. Okay, do we have any 1265 01:50:19,400 --> 01:50:25,780 other but we're good. I was going to make a motion to adjourn. Oh, we have one more. 1266 01:50:25,920 --> 01:50:32,120 Oh, 8.2 planning division reports staff do you have any reports? Yes, I'll just reiterate 1267 01:50:32,120 --> 01:50:39,760 that I will work on at least a memo and bringing back what is within the planning commission's 1268 01:50:39,760 --> 01:50:48,100 discussion per view certainly. And then we are having an objective design standards workshop 1269 01:50:48,100 --> 01:50:53,480 on December 2nd. It's Tuesday. It's a four and Amber Kirkman for 1270 01:50:53,480 --> 01:51:01,060 long on the end time. It either goes till 7.30 or 8.8. So 4 to 8. Tuesday 1271 01:51:01,060 --> 01:51:06,500 December 2nd. It's a pains restaurant in the back room. It's going to be 1272 01:51:06,500 --> 01:51:12,800 essentially a like kind of walk-in come save however long you want. Top to 1273 01:51:12,800 --> 01:51:16,400 staff, talk to our consultants who were working on the project. We are talking 1274 01:51:16,400 --> 01:51:21,060 about objective design standards for new mixed use and residential projects in the downtown 1275 01:51:21,760 --> 01:51:27,440 to implement objective design standards so that we have some local say over how development 1276 01:51:27,440 --> 01:51:34,060 happens in our downtown and then it is going to be there's going to be a presentation at the 1277 01:51:34,060 --> 01:51:38,460 beginning just about the process and then we're going to do another presentation. I believe it's seven 1278 01:51:38,460 --> 01:51:46,380 three same presentation you don't have to go to the presentation and then the whole time you can 1279 01:51:47,300 --> 01:51:54,540 images and things like that. Give feedback and then head out. So December 2nd at 4 p.m. please help us spread the word. 1280 01:51:54,940 --> 01:52:00,740 So the attorney we don't often necessarily be worried too much about Brown Act for that one, because it was a posted meeting kind of. 1281 01:52:00,920 --> 01:52:13,300 It was crashing my mind, but then when Eva described it as a walk in one at a time, talk to staff, it made me feel more comfortable with it, not meeting to be agendas. 1282 01:52:13,300 --> 01:52:20,180 If you're all there at the same time, because it's not really a present, not a meeting where there will be one big discussion, does that make sense? 1283 01:52:20,280 --> 01:52:31,520 Yeah, I guess I'm presenting it for the public and the Commissioner helps read the word, object design hints or standards will return to you as a body when it's drafted as well, but yeah, 1284 01:52:31,640 --> 01:52:36,200 help us read the word to the public and to your constituents and most types of things to help people come. 1285 01:52:36,200 --> 01:52:37,060 Thank you. 1286 01:52:37,140 --> 01:52:43,680 And technically, there is no violation, even if the whole body is there, as long as they're 1287 01:52:43,680 --> 01:52:45,720 not discussing actual business. 1288 01:52:46,620 --> 01:52:53,180 So but the optics is obviously not appealing, which means most bodies will separate at least 1289 01:52:53,180 --> 01:52:56,340 to where it's at most two people next to each other. 1290 01:52:56,880 --> 01:53:00,360 So it's because there's no serial median that way. 1291 01:53:01,200 --> 01:53:03,360 We're not all going to get together and discuss. 1292 01:53:03,900 --> 01:53:11,880 I just want to say that it's nuanced, so that's not necessarily true, but because they 1293 01:53:11,880 --> 01:53:15,620 are talking about something within your jurisdiction, which is design standards. 1294 01:53:16,440 --> 01:53:17,000 And so if you're all— 1295 01:53:17,000 --> 01:53:18,100 No, I know, but— 1296 01:53:18,100 --> 01:53:22,020 It doesn't require you to all—it doesn't require you to necessarily discuss it. 1297 01:53:22,040 --> 01:53:25,840 So if you think about a situation where we're here in this meeting and maybe staff is giving 1298 01:53:25,840 --> 01:53:31,600 a presentation to you about a particular topic and you don't engage in discussion, it still 1299 01:53:31,600 --> 01:53:35,660 need us to be agenda. So it's similar, where you're all hearing the same information that you'll 1300 01:53:36,180 --> 01:53:41,140 eventually come back to your board for decision. But I think the way that you've described it, 1301 01:53:41,340 --> 01:53:47,020 this particular meeting, I think that if you each chose to attend, you wouldn't necessarily do so at 1302 01:53:47,020 --> 01:53:53,920 the same time. You wouldn't necessarily all hear the same discussion. It's community. Yeah, it's a 1303 01:53:53,920 --> 01:53:59,220 community workshop that we were trying to get community feedback in this point in the process. We have 1304 01:53:59,220 --> 01:54:03,860 survey online as well and then so that we can finish drafting and bring it 1305 01:54:03,860 --> 01:54:07,640 before you. And to be clear though technically it's information that's the 1306 01:54:07,640 --> 01:54:11,740 whole public right the whole idea of a ceremony is is it's private and it's 1307 01:54:11,740 --> 01:54:17,000 basically intentionally trying to avoid you know basically trying to collude to 1308 01:54:17,000 --> 01:54:21,260 certain extent behind closed doors. I just know that when the county had their 1309 01:54:21,260 --> 01:54:27,160 meeting about Highway 25 the new VMT requirement the law had passed it now 1310 01:54:27,160 --> 01:54:33,340 change the whole thing with the cost mechanism of the vehicle mass travel, all the supervisors 1311 01:54:33,340 --> 01:54:36,960 were there and they were specifically about a policy but they weren't together, right? 1312 01:54:37,280 --> 01:54:43,980 So, I guess there's disagreeing interpretations of you, but we can attend. 1313 01:54:44,440 --> 01:54:44,520 Yeah. 1314 01:54:47,640 --> 01:54:55,340 It depends on who's holding the meeting, in this case it is the city holding the meeting in 1315 01:54:55,340 --> 01:55:01,280 you're planning commissioners of the city just say hello that's okay are we 1316 01:55:01,280 --> 01:55:06,040 out we don't not have to make a motion to adjourn everyone have a little note 1317 01:55:06,040 --> 01:55:12,920 here that says so we're good so meeting adjourned at 754 thank you thank you 1318 01:55:12,920 --> 01:55:13,360 Thank you, everybody.