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That was very loud. Good

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evening. I'd like to call tonight's meeting to order.

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Before we do roll call, I have just a small script to read from. As a courtesy, members of the public may participate remotely in this meeting. Please refer to the meeting agenda for information about how to provide public comments either in person here in the room or via teleconference.

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The agenda has other items if you're listening to how to raise your hand if you're online and I would just advise you to look at that and you'll get the rest of the information.

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With that, I will have roll call.

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Commissioner DeGeorgio.

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Present.

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Commissioner Mason.

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Present.

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Vice Chair Radnitch.

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Present.

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And Chair LeBonge, present.

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Our other two commissioners are excused this evening.

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All right.

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Can I have a motion to adopt the agenda for this evening?

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So moved.

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Second.

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All in favor.

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Aye.

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All opposed, motion carries.

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All right, I'll ask staff if we have any public comments for tonight that are not on tonight's agenda.

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If you would like to make a public comment that is within the purview of the Planning Commission on an item that's not on tonight's agenda, please go ahead and raise your hand now.

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Seeing none online and no speaker slips in the room.

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All right. Our consent calendar has two items. Does anyone wish to remove or amend or adjust or question any of the things on the consent calendar?

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I would like to make a correction on item 5A, the draft meeting minutes.

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Okay. Go ahead. What do you have?

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All staff already knows my last name is spelled with the space, so it's DI space gene, they will correct that.

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All right.

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Thank you.

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Anything else?

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If not, may I have a motion to adopt the consent calendar?

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So moved.

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Second.

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All in favor?

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Hi.

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All opposed?

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Motion carries.

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All right.

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Tonight, we have continued public hearing.

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And I will turn it over to staff to.

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Good evening, planning commissioners.

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This is Sonya Azul, Assistant Plan Director with the staff report today, regarding our

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health and element implementation.

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Before I go into the details of that, I wanted to make a note that the agenda that was published

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included information stating that this item would be continued and that recommendation was incorrect

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actually an action item that we have before you for today, so I wanted to make

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sure that the record reflected that this is an action item, not a continued item.

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Okay, once again, is

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it it?

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Tonight we are joined by the staff of Lisa Weiss Consulting which provided their

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expertise in developing some of these recommendations for you.

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They will be, I will frame up the presentation and then they will go into more detail for us.

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First, as a reminder, the City Council considered the revised draft housing element in April of 2024 after submission to housing and community development agency, that department, the State Department provided us a letter in July finding that the housing element will comply with state law following completion of the necessary rezoning and reduction of the housing element by the City Council.

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So we are here with you with that information, that material, for your consideration.

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The three applications before you are a general plan amendment, GPA 0124, a zoning

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tax amendment 0224, and a rezoning application 0124.

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Try to summarize, there's a lot of parts to this action, so I wanted to break it down as

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That's simply as I could, or five components to the action that we are asking you to consider today.

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And we're going to be re-adoption of the revised draft housing element as approved by the

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reviewed and approved by a housing community development staff. Second is the adoption of the

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Addendum to Certified EIR that was prepared previously. Next is the actual implementation

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component which is the general plan amendment of the land use element to align with the

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healthy and element changes that were proposed as part of the implementation plan.

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Next is zoning text amendments that are necessary in order to allow for the proposed densities.

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And then finally, the rezoning of the changes of the zoning map that we're proposing.

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So those five boxes are the ones that we want to review with you today.

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First, very simply, the revised draft housing element that HCD considered is what we are recommending to adopt again.

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with absolutely no changes, not only the base document, but also all the appendix A3G.

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Everything would be brought back to the City Council in the same form that they considered

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back in April.

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And that's what we would be proposing to the HCD.

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For the agenda into the EIR, the EIR was originally certified in January of 2023, yes, 2023.

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three. Since then, after receiving a few revisions, changes were made to the housing

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element. These changes impacted faith-based organizations, otherwise referred to as

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FBOs, FFH actions, and then the silver partial rezoning. So the underlying environmental impact

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report had to be reconsidered to incorporate those changes.

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The conclusion was that the revisions to the 2023 housing element would not result in any additional significant impacts.

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And that's what we are putting before you today that provide that addendum to the EIR.

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So those places I think those two first two components.

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This is the implementation component.

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How will we bring to life the housing element as proposed to HDD?

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What we did was, now we made five amendments to the General Plan Land Use

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Elements. Number one, we created three new Land Use Designations, taking

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base Land Use Designations and then making a version that would allow for

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sixty-dollar units per acre. That's what you will see in the materials that were

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provided to you. We changed the table in the General Plan Land Use

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We added descriptions to the land use designations.

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We changed maximum densities from 17 to 20,

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which is one of the programs that was proposed as part of the implementation.

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And then we included references to what was called out as program 10.3g

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in the implementation plan that would require minimum density requirements

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for any of the opportunities sites in the commercial or multi-family zones.

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So we'll see that's where we referenced it.

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So any site that was identified as an opportunity site would be subject

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to these minimum density requirements.

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And then finally, when we make dinner plan amendments,

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we change not only the text, but also the land use map.

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And so we will show you that as well today.

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This is just a snapshot, but Lisa-wise consultant staff will take us

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through a detailed review of this.

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Next is zoning text amendments.

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In the next hierarchy of planning is,

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first is the general plan layer,

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and the next layer is the zoning text.

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And so what we did there,

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similarly then to the general plan amendment,

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is that we took some base zones,

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and then created four new zoning districts

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that would allow for the 60-dollions per acre.

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And you will see just for simplicity

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that we use the same name as the base zone

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and then added dash 60.

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That's why you'll see the new ones.

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Those can be found in four chapters.

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In chapter 6-2, 6-5, 6-8, 6-9.

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And we did prepare a table that was in your rituals as well

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that tried to lay that out and strike through an underlying.

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So you can see the changes in where we went to.

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we do have some visuals to walk you through that so we can review that as well to help illustrate those changes and what they mean.

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And then the last component is the rezoning. We had to amend the zoning districts so we're not just changing the zoning text in our municipal ordinance but also changing certain parcels to reflect the higher density.

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So this table that was also in the staff report shows the amount of acres that were impacted

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by these changes, so going from C to C-60, 15 acres of the 39 were changed and down the

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rest of them.

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The last thing I wanted to bring to your attention was one parcel, and specifically, that

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specifically was not called out as part of the housing element work, but it is a site,

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two sites that we staff is is a

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wear-o that is not consistent with the

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downtown specific plan but we thought

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this would be a great opportunity to

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bring that up to conformance and so

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this is property at 889 and 895

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Moraga Road for those two sites

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existing general plan designation is

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medium density single family and is

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don't need a P1 and the conflict is with the downtown specific plan in 2012, which called

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it out as neighborhood 2, sorry got sick on that one. So neighborhood 2 allows for 35

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dwelling units per acre. And so that's conflicting with the 2002 general plant as a donation.

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So what we propose is amending the general plan designation for these two sites to multifamily residential high density at 35 doing units per acre to conform with the neighborhood to specific plan designation.

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Also changing the rezoning that parcel from P1 to multifamily residential, which is also referred to as the MRO district.

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And so that's what we have for you today, lucky to have staff of Lisa Wise who has taken

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a long time to help us come proposed these objective development standards that would allow

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us to achieve the densities that were considered and approved by each city.

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So I'm going to pass the mic now to Monica and Dave who are going to take us through a detailed

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description of the proposal.

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Hello.

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I'm Dave Bergman, and I'm joined with I'm Monica. This is like from, least-wise consulting, least-wise consulting is a firm that specializes in planning, design, project implementation, and land use economics. We have offices in San Francisco, San Luis Obispo, where the firm has had court in Los Angeles where I'm from. I have been the project manager, director of the firm. I've been a project manager.

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project manager for over 16 housing elements around the state, including some in neighboring communities to Lafayette, such as Pleasanton and Piedmont.

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And I've been working closely with Monica.

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On this project, Monica is our lead on rezoning an objective design standards, and she's recently provided similar services.

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is in, well, again, Piedmont, also Portola Valley,

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and is right now providing some of our kind

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of rezoning to implement housing

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element requirements in Saratoga as well.

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So that's a little bit of a background

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about the firm.

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Monaco will give you a presentation on our analysis

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and recommendations for Lafayette.

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And then we're here to answer any questions

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you might have based on our firms background

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and experience throughout the state.

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Thank you. Good evening, commissioners. I'm really happy to be here. So what I'll do is

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just, there's a lot of material in your packet, right? There are a lot of links. So I'm

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going to just walk through the material. It might repeat some of the same notes that

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we heard from Sonia. But I'll just go through it again and hopefully it'll help lend some

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clarity to all of this information. So just to start out, generally speaking, we're here

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to implement the housing element and the bulk of our work is really implementing these

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four key programs, rezoning to accommodate the Rena number, achieved in the housing

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element, establishing minimum density, rezoning, faith-based organization sites, and increasing

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the density in one particular zone.

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And so, I know we heard about this from Sonia, so I'll just go through it so quickly.

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The zoning amendments are found in four chapters of the zoning code, and six, two, the amendments,

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Article five, the amendments basically make sure that the new, that the administrative procedures,

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The processes for new projects going forward will be compliant with state law, specifically SB 330.

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So we made minor modifications, really just as light of a touch as we could minor modifications to specify that subjective design review findings that you have apply only to single family duplex projects, and then multi-family projects that don't comply with all the applicable development development development.

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and design standards, and as we know we have established all of those development standards,

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the design standards are to come, and then just made it extra clear that multi-family

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projects are subject to the objective development and design standards.

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Chapters 6.5 was modified to comply with the state's no-net loss law.

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Your code currently has a provision that talks about conversion, conversion of residential

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spaces into non-residential.

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So we changed that section around so that that's not, that doesn't happen going forward.

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And then the zones, the MRA and the MRO zones, the multifamily residential district A,

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and the multifamily residential professional office district MRO saw minor changes, minor

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amendments to basically do with housing element size.

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Ensure that the density that is allowed is supported and facilitated.

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And then in chapter six, nine, all of the downtown zones, minor, just small modifications

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to an existing C1 zone and then the four new zones, 60 dwelling in it per acre zones

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that Sonya talked about, new sections for those.

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And so in your packet of links and all of your materials, one thing is this table that puts

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it's at all in one spot. Of course, it's just a summary, but so when you look at it

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just so that you can see what you're looking at. We've got the the MRA and the MRO on

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the left, and then we've got the four existing downtown zones spliced in with the 60 dwelling

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unit per acre versions of those downtown zones. And then what we've done is the new zones

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are the ones with the yellow at the top, those are all new, everything's new.

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The zones that are gray at the top are basically keeping them exactly the same with just a

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couple of minor edits that you see in red.

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So hopefully we've organized it to be as just as clear as possible given the amount of information.

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And of course this isn't the whole story, you have to go to the code, the amendments to

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see the whole story, this is just a summary.

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Okay, so now what I have is just a series of slides that I'll go through quickly that

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illustrates what's in this table, specifically illustrates how the new standards and the

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changes to the existing standards are necessary to support and facilitate the densities that

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that are allowed, and in some cases, on housing element sites, densities that are required.

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So let's start in the MRA zone.

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So here are the existing.

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So before any amendments, here's the summary, of course, it's just still a summary, but

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a summary of the standards that apply in the MRA zone,

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and then going forward some minor

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amendments.

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First off, we have the 88% minimum density for housing element sites, and what that is is 88% of the maximum density that's in your housing element as one of those programs we looked out on the first slide.

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We checked out your standards for FAR and lot coverage by modeling typical development

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configurations, so typical development configurations meaning typical lot on typical lot sizes, assuming

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typical unit size, looking at parking configurations, and we looked at a number of different typical

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development scenarios, to see, okay, what do we need to do to make sure that the allowed

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density is supported and facilitated. We recommend increasing the FAR and the lot coverage.

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The allowed height is just by right. You don't have to see PC approval.

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And then the open space goes down a bit.

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And once we make these changes, these kinds of configurations

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are workable.

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In the MRO zone, here are the existing standards you have. Of course, we have

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our eye on that 35 trillion is per acre and the fact that on some sites, there's a minimum

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of 88 percent of that. So during the same exercise, the standards are basically okay. We would

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just change the standard for FAR and then we notice that along two rights of way there

224
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was a very deep third story step back. We need to reduce that from 50 to 20 to make sure

225
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this density is really supported. Moving on, the RB and SRB are in the downtown area and

226
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They're pretty similar, so we grouped them together here.

227
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Here are the standards, there's not much to it, but we had to think, but for the, and we're keeping them as is, no changes here.

228
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But going forward, we would like to show, to point out how these compare to the, to the 60 dwelling unit and a per acre versions of these zones, right?

229
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The RB 60 and the SRB 60.

230
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So, RB and SRB stay as is, and we're looking at the 60 dwelling unit per acre and of course the density goes up to 60, and then we've got a minimum density from some housing element sites.

231
00:24:33,020 --> 00:24:34,520
We've got to go up to 60 feet.

232
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We added 10 feet for residential. It's just for best practice. Your code doesn't have that currently, but it is a good idea.

233
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We looked at street facing stepbacks at certain heights, so 10 foot step back at 20 feet in height and another 10 foot step back at 40 feet in height, shown by that red dotted line in the lower left.

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open space can stay as is and parking as it stays as is so and this is one

235
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configuration where we show sort of a double loaded building at the maximum

236
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density with podium parking and we meet all the standards and it's it's it's

237
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feasible. And if you were to have a mixed use scenario here, you under all of these amendments,

238
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if the standards were to be adopted like this with these red amendments, you could get the

239
00:25:47,780 --> 00:25:57,860
parking you need, ground floor retail, the density you need. And this is a similar building,

240
00:25:57,860 --> 00:26:01,460
except it's, so it's also double loaded but it's got retail and then the two levels of

241
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purging.

242
00:26:03,120 --> 00:26:08,920
Okay, so moving on to the C zone, here's the existing C zone, 35 doing this for acre, it

243
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stays as is.

244
00:26:12,620 --> 00:26:21,180
As we know, many C parcels would be rezoned to C 60, so when we do that, we've got 60

245
00:26:21,180 --> 00:26:22,060
Next you do leaners per acre,

246
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height of course increases, the setbacks decrease of it,

247
00:26:30,420 --> 00:26:37,360
and then we'll introduce the street facing stepbacks like in the other zones we just

248
00:26:37,360 --> 00:26:37,740
looked at.

249
00:26:41,270 --> 00:26:42,770
So here's one scenario,

250
00:26:45,200 --> 00:26:48,080
it's a double loaded with podium, all residential, and here's

251
00:26:48,080 --> 00:26:57,280
another scenario that meets all these standards and includes some ground floor retail.

252
00:26:59,440 --> 00:27:02,000
And the last one is the C1.

253
00:27:02,380 --> 00:27:08,940
Here we have a minor recommended change that we talked about a moment ago.

254
00:27:09,440 --> 00:27:14,080
And then for the C1, of course the density goes up and the height goes up.

255
00:27:14,860 --> 00:27:21,360
Again, we'd like the 10-foot setback for residential and then the step-backs.

256
00:27:24,020 --> 00:27:28,700
So there's a scenario that's all residential and here's a scenario that's mixed use.

257
00:27:31,450 --> 00:27:32,790
So that's it for the zoning amendments.

258
00:27:35,800 --> 00:27:42,260
Sonya also talked about the general plan land use element amendments, pretty minor.

259
00:27:43,390 --> 00:27:47,200
We increased the allowed density of the low-density multifamily residential.

260
00:27:48,120 --> 00:27:54,860
And we added the three new land use designations that correspond to the four new zones.

261
00:27:56,380 --> 00:27:59,040
And then we can take a peek at the maps here.

262
00:27:59,340 --> 00:28:04,460
So the zoning map looks not too dissimilar from your 2013 zoning map.

263
00:28:06,820 --> 00:28:12,460
But most critically, it includes the 60 dwelling unit per acre areas.

264
00:28:12,460 --> 00:28:19,140
We've got a little detail on the right there and then we have a version that sort of highlights the change areas.

265
00:28:19,600 --> 00:28:25,360
So these are the parcels, the ones that are highlighted in thick red are the ones that are being re-zoned.

266
00:28:26,140 --> 00:28:34,220
So you can see all of the areas, all of those thick outlined areas are just south of 24.

267
00:28:34,800 --> 00:28:46,780
they don't meet Mount Diablo Boulevard and then there are a few scattered around that are the FES.

268
00:28:48,360 --> 00:28:53,200
And then looking at the General Plan Land Use Map, so here's your current GP Land Use Map.

269
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It's got a range of hatches and it's in black and white.

270
00:28:59,280 --> 00:29:04,500
We propose this to create a General Plan Land Use Map

271
00:29:04,500 --> 00:29:10,980
map that is generally the same template as the zoning map, but it's got some general

272
00:29:10,980 --> 00:29:15,620
plan land use, colors and conventions and hatches a little bit different from the zoning

273
00:29:15,620 --> 00:29:15,920
map.

274
00:29:18,340 --> 00:29:24,560
So, and then here's the same map with the change area parcels highlighted,

275
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and I'll

276
00:29:30,920 --> 00:29:33,000
turn the presentation back over to Zonia.

277
00:29:33,000 --> 00:29:33,100
Yeah,

278
00:29:35,710 --> 00:29:59,570
thank you Monica and David, so just to highlight and I don't want to overlook the big change that you're going to see in terms of the objective development standards here is the proposed increased heights of 60, I mean 60 feet as a maximum height for the news on the districts.

279
00:30:00,080 --> 00:30:29,540
I know there was a lot of information, but it really took a lot of research and dialogue among staff and our consultants to come up with every proposal. So, I don't want that to get lost in all the work. But we really want to thank Lisa Weiss consulting for all their feedback and consultation and developing these objective development standards. And what the development standards do in terms of the zoning and tax is provide that outline of what

280
00:30:29,540 --> 00:30:36,620
But a potential development would look like we will be as part two of this effort is that

281
00:30:36,620 --> 00:30:42,400
we will be coming back for design standards and more of the nuanced features of a development

282
00:30:42,400 --> 00:30:47,980
but in terms of reporting back to HCD that we've done the appropriate amount of rezoning

283
00:30:47,980 --> 00:30:54,200
that we wanted to provide at least high setbacks, that sort of development standard that is objective

284
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and easy to, to include in the Zodian information.

285
00:31:01,000 --> 00:31:03,180
We are happy to answer any questions.

286
00:31:04,220 --> 00:31:05,140
Do you have any for us?

287
00:31:11,090 --> 00:31:11,910
Thank you.

288
00:31:13,170 --> 00:31:19,490
Can someone show on a figure the two properties that 889 and I think was 895?

289
00:31:21,970 --> 00:31:23,110
I will pull it up.

290
00:31:44,000 --> 00:31:44,600
Is this one?

291
00:31:47,730 --> 00:31:51,910
eight, eight, nine, eight, nine, five.

292
00:31:52,970 --> 00:31:54,490
These two here.

293
00:31:58,730 --> 00:32:05,330
Okay, and when you clicked on the top, can you click on the top one first?

294
00:32:06,030 --> 00:32:06,150
Yes.

295
00:32:06,770 --> 00:32:10,390
So the whole thing, what is the black line?

296
00:32:10,870 --> 00:32:15,050
I didn't this site come up at one point, but it's a single parcel.

297
00:32:15,050 --> 00:32:26,030
Correct. So on screen you're seeing the essentially the intersection of St. Mary's Road and Maraga Road and the properties just to the northwest of that intersection.

298
00:32:26,570 --> 00:32:37,690
So the orange is designated as designating, showing the MRO or multifamily residential commercial along the corridor.

299
00:32:37,690 --> 00:32:45,130
and then the yellow from their south is single-family residential.

300
00:32:46,130 --> 00:32:52,310
So the one parcel which is kind of pinkish, 889 Moraga Road,

301
00:32:52,930 --> 00:32:59,050
back in 1993 was re-zoned to P1.

302
00:32:59,470 --> 00:33:03,810
So a planned development to allow for the property not to be used

303
00:33:03,810 --> 00:33:10,230
as single-family residential, but rather for that residence to be converted to a law office

304
00:33:10,710 --> 00:33:16,530
and only operated as a law office, so it didn't allow any other essentially use.

305
00:33:17,750 --> 00:33:26,730
And then the property to the north, it actually is orange and then wraps to the west and comes down

306
00:33:26,730 --> 00:33:34,950
to the same line. That is a medical office in those three buildings and then in the yellow part

307
00:33:34,950 --> 00:33:41,710
of that property is the parking lot associated with the medical buildings. So this was discussed

308
00:33:42,250 --> 00:33:51,010
at the General Plan Advisory Committee when we were scouring the city and looking at sites

309
00:33:51,010 --> 00:33:58,490
that could have an opportunity for housing, there was significant discussion given to these properties.

310
00:33:59,210 --> 00:34:04,050
And the conclusion at the time was to not include them as opportunity sites.

311
00:34:04,250 --> 00:34:09,410
That's not to say you couldn't do housing, it's just that we're not demonstrating housing and

312
00:34:09,410 --> 00:34:13,110
including them in our inventory submitted to the state.

313
00:34:13,390 --> 00:34:17,630
And so if you have the DSP map, that would be helpful.

314
00:34:17,630 --> 00:34:30,330
The downtown specific plan in 2012 included the two areas in yellow, the full 889 property

315
00:34:31,530 --> 00:34:41,330
and the western portion of 895 as part of neighborhood 2, which the council adopted

316
00:34:41,330 --> 00:34:52,910
and the DSP holds that as, designates that as multi-family residential up to 35 dwelling units per acre.

317
00:34:53,490 --> 00:34:55,790
So that was in 2012.

318
00:34:56,870 --> 00:35:08,630
The city has not updated its zoning accordingly, the zoning map and general plan map, as envisioned by the DSP.

319
00:35:08,630 --> 00:35:18,970
So it has been an inconsistency since the DSP was adopted and so we're taking this opportunity to make that correction.

320
00:35:20,390 --> 00:35:24,970
Okay, so what is the density that's going to be allowed on those two parcels?

321
00:35:26,730 --> 00:35:27,410
35.

322
00:35:27,690 --> 00:35:33,910
The consistent with the remaining area going to the north, 35 doing its breaker.

323
00:35:33,910 --> 00:35:38,890
Okay, and then the L-shaped parcel,

324
00:35:41,380 --> 00:35:51,180
it won't, so the entirety of that parcel, not just the parking lot or not just the existing medical office buildings, but the entirety will be the same 35.

325
00:35:52,160 --> 00:36:00,420
So I'll take you through the exhibit that's on screen starting with the first page, which shows you the existing,

326
00:36:02,700 --> 00:36:05,940
I'm pausing, so we go to the first page, there we go.

327
00:36:07,000 --> 00:36:12,880
So this is 89 Maraga, this is the current general plan designation.

328
00:36:12,880 --> 00:36:42,860
And so all of the pink in this diagram is single family residential, the subject property, and the 889 Moraga in green, the next sheet shows, and the property is outlined in green, the next sheet shows 895 Moraga, which is split zoning, and split general plan designation, so you can see the darker color being a multi-family resident.

329
00:36:42,860 --> 00:36:49,320
residential along Maraga Road and office and the Western portion being in the single

330
00:36:49,320 --> 00:36:49,760
family.

331
00:36:50,280 --> 00:37:02,820
So, those two areas in lighter pink are the next sheet will show the extent of the downtown

332
00:37:02,820 --> 00:37:10,000
specific plan, oh, I apologize, this is showing the zoning which is consistent with the general

333
00:37:10,000 --> 00:37:10,480
plan above.

334
00:37:10,480 --> 00:37:18,100
So the next sheet will show the extent of the downtown specific plan neighborhood 2,

335
00:37:18,420 --> 00:37:29,760
and you can see how this area in kind of yellow includes those two parcels in their entirety as

336
00:37:29,760 --> 00:37:33,920
is neighborhood 2, up to 35.1 units breaker.

337
00:37:34,840 --> 00:37:45,380
So again, what we are covering right now is conforming those two anomalies, which are

338
00:37:45,380 --> 00:37:52,040
adjacent to one another, to what the council adopted in 2012, because from the 2002 general

339
00:37:52,040 --> 00:37:59,120
plan and the preceding 93 rezoning, those are currently persisting and are inconsistent

340
00:37:59,120 --> 00:38:02,280
and with the later directive in the DSP.

341
00:38:04,070 --> 00:38:04,730
Thank you.

342
00:38:05,110 --> 00:38:05,570
You're welcome.

343
00:38:09,660 --> 00:38:10,200
Thank you very much.

344
00:38:10,640 --> 00:38:12,420
Thank you for the presentation.

345
00:38:13,640 --> 00:38:17,120
One of the things that doubt there's any subject we get more

346
00:38:17,120 --> 00:38:20,620
controversial questions on than building height.

347
00:38:22,000 --> 00:38:27,800
So could you do me a favor and break what you said down a little farther?

348
00:38:27,900 --> 00:38:31,160
In other words, so for a 40 foot building height limit,

349
00:38:32,400 --> 00:38:47,980
how that impacts parapetite, penthouses, mechanical screening, and then, similarly, for the setback, if it's a deck, does that include guardrail protections and stuff like that?

350
00:38:48,140 --> 00:38:58,260
Because what most of the people care about is what they see, and what they see may not necessarily be allowed or

351
00:38:58,260 --> 00:39:01,960
except for or not, except for under the building heights.

352
00:39:02,420 --> 00:39:03,240
Thank you.

353
00:39:04,260 --> 00:39:09,240
So I'll start and tell me if I'm understanding your question right.

354
00:39:10,740 --> 00:39:27,680
But we're, staff is not proposing any changes in the way we measure height, we're not proposing any changes to the exceptions to height, so any occurrences, whatever we have currently is what we're proposing.

355
00:39:27,680 --> 00:39:29,020
other than increasing that.

356
00:39:29,300 --> 00:39:35,760
Okay, so it's still the code definition of height, because I understand that, you know,

357
00:39:36,520 --> 00:39:40,780
Wafia defines height differently than the California building code.

358
00:39:41,260 --> 00:39:46,440
And I want to make certain that we're not, something's not being slid in here.

359
00:39:49,160 --> 00:39:56,220
Correct, so the definition of zoning which has been in place salient to

360
00:39:56,220 --> 00:40:05,980
And applicable to this planning and zoning law in Lafayette for at least three decades is not changing.

361
00:40:06,400 --> 00:40:07,300
No proposed to change.

362
00:40:07,920 --> 00:40:18,600
And it was intentional when it was adopted to consider the fact that Lafayette has hillsides and

363
00:40:18,600 --> 00:40:40,200
And to address potential filling, you know, downhill, retaining walls and potential fill, not starting at a zero line of that fill, but acknowledging the existing grade and using that, as a baseline, if it is lower than the finished grade.

364
00:40:40,780 --> 00:40:41,180
Thank you.

365
00:40:41,180 --> 00:40:42,080
Thank you.

366
00:40:42,500 --> 00:40:42,780
I

367
00:40:47,260 --> 00:40:48,620
think that's all the questions we have.

368
00:40:55,850 --> 00:40:56,830
Let me just go back.

369
00:40:56,970 --> 00:40:58,270
I did have one on the setbacks.

370
00:40:58,610 --> 00:41:05,690
This is more just in my head because every housing that we've seen in recent with new

371
00:41:05,690 --> 00:41:10,570
housing state law have used concessions and waivers to kind of waive setbacks.

372
00:41:12,780 --> 00:41:16,800
So why do we have it there if it's never going to be actually used?

373
00:41:17,600 --> 00:41:22,020
Is that, I mean, maybe that is not for this meeting but any thoughts on that because it feels

374
00:41:22,020 --> 00:41:24,360
like we're not really ever having setbacks anymore.

375
00:41:26,660 --> 00:41:34,640
So an applicant can choose to apply, and this is just not a Lafayette specific state law,

376
00:41:35,040 --> 00:41:38,620
can it choose to apply to provide a density bonus?

377
00:41:39,740 --> 00:41:47,200
Density bonus, if you provide varying levels of affordable units, varying levels also of senior units,

378
00:41:47,460 --> 00:41:49,540
it allows for waivers and concessions.

379
00:41:49,540 --> 00:42:01,700
The economics of density bonus can vary between communities largely based on land values,

380
00:42:01,920 --> 00:42:04,740
land prices, and rents or sales prices.

381
00:42:07,100 --> 00:42:13,620
You don't want to assume in your zoning code a particular economic state right now.

382
00:42:14,120 --> 00:42:19,180
You want to have a baseline that makes sense for the community and produces forms that are

383
00:42:19,180 --> 00:42:21,840
compatible with community vision schools and objectives.

384
00:42:22,700 --> 00:42:24,700
As land values increase or decrease,

385
00:42:25,100 --> 00:42:27,420
as the requirements of state law,

386
00:42:27,580 --> 00:42:30,260
as we know have the ability to change,

387
00:42:30,400 --> 00:42:33,780
and changing every year the state legislature meets.

388
00:42:34,740 --> 00:42:37,300
Annually, we've seen new changes.

389
00:42:38,590 --> 00:42:40,780
So you want to have in your code a standard,

390
00:42:41,350 --> 00:42:44,500
a baseline that is aligned with your general plan,

391
00:42:45,220 --> 00:42:46,060
meets community visions,

392
00:42:46,060 --> 00:42:58,840
and then understand that, yes, applicants will have the opportunity to ask for waivers and invoke waivers in concessions using different state-density bonus programs.

393
00:42:59,160 --> 00:43:15,420
It's just good practice, but yes, we do acknowledge that a whole variety of state initiatives allow for variance with local zoning cuts.

394
00:43:15,420 --> 00:43:19,350
Let me do a follow up then.

395
00:43:20,230 --> 00:43:34,850
Have you seen in your work any city challenge the viability of a concession or waver based on a standard or some logical metric.

396
00:43:35,290 --> 00:43:46,930
So there's two elements here and one just got made a little tougher and then by the by the state in this most recent round of housing housing

397
00:43:46,930 --> 00:43:47,290
package.

398
00:43:49,530 --> 00:43:55,550
The first is that if there's a public health and safety issue, and that's very

399
00:43:55,550 --> 00:44:02,090
high standard, right? There's something dangerous. And you make a finding that it's dangerous.

400
00:44:04,310 --> 00:44:14,570
Then they may not be able to have a concession away from that particular issue. The other is originally

401
00:44:14,570 --> 00:44:20,410
The way the legislation was written was the applicants had to show that it was necessary for the project to be feasible.

402
00:44:21,270 --> 00:44:31,450
And so the city could, or the jurisdiction could request an economic feasibility analysis that shows that that concession or

403
00:44:31,450 --> 00:44:34,130
see if you can note here, because then they changed it.

404
00:44:34,670 --> 00:44:40,090
That the concession or waiver was necessary for the project to be feasible.

405
00:44:40,750 --> 00:44:52,930
Now the sale of slitchers has been cheesed that there is a presumption that it is necessary and it is up to the city to demonstrate to prove that it's not, so they flipped it.

406
00:44:53,330 --> 00:44:53,470
Okay.

407
00:44:54,010 --> 00:44:55,030
So it just got harder.

408
00:44:55,350 --> 00:44:56,710
That's basically impossible.

409
00:44:57,290 --> 00:44:59,970
I mean without getting in a lawsuit or setting your-

410
00:45:00,620 --> 00:45:06,100
It's a difficult standard. Okay. It's a difficult standard.

411
00:45:09,000 --> 00:45:29,760
You want your standards as written to match the density to really correspond to the, the, the massing that's required. The idea being that, well, four projects that apply for density bonus, not for other projects, but just the ones that apply for density bonus. Then in order to achieve that,

412
00:45:29,760 --> 00:45:35,620
density, the standards have to be relaxed in some way in one direction or more, so there's

413
00:45:35,620 --> 00:45:36,860
a correlation there.

414
00:45:38,500 --> 00:45:40,580
And that's why we established the standards to begin with.

415
00:45:41,300 --> 00:45:41,440
Okay.

416
00:45:42,120 --> 00:45:42,560
All right.

417
00:45:42,840 --> 00:45:43,260
Thank you both.

418
00:45:43,440 --> 00:45:43,860
Appreciate it.

419
00:45:44,240 --> 00:45:44,780
All right.

420
00:45:45,000 --> 00:45:46,440
I don't think we have any other questions.

421
00:45:47,080 --> 00:45:48,780
So we're done with the report.

422
00:45:49,180 --> 00:45:49,360
Okay.

423
00:45:49,440 --> 00:45:50,380
Let me just catch up here.

424
00:45:53,200 --> 00:45:56,380
We asked any clarifying questions, so we have no more.

425
00:45:58,140 --> 00:46:03,100
I guess we'll now open it for public comments, so if we have any public comments.

426
00:46:05,400 --> 00:46:10,720
If any person attending would like to make a comment on this item, please fill out a speaker

427
00:46:10,720 --> 00:46:14,820
slip in the room and go ahead and hand it forward.

428
00:46:15,840 --> 00:46:23,680
You're welcome to actually raising your hand, you're welcome to go to the podium and you have

429
00:46:23,680 --> 00:46:27,240
up to three minutes to make your comments and then you can fill out a speaker slip afterwards

430
00:46:27,240 --> 00:46:29,240
words in submitted, terrific.

431
00:46:33,500 --> 00:46:36,300
Is the button pressed?

432
00:46:37,940 --> 00:46:39,300
Greetings, managed Roger Deming,

433
00:46:39,780 --> 00:46:40,920
recent resident of Lafayette.

434
00:46:42,020 --> 00:46:44,220
So I will ask a series of what are probably

435
00:46:44,220 --> 00:46:45,580
somewhat silly questions to some,

436
00:46:45,680 --> 00:46:47,080
but I'm just trying to learn as much as I can.

437
00:46:47,900 --> 00:46:51,040
I happen to notice, again, as estimated

438
00:46:51,040 --> 00:46:52,440
the concern over building height.

439
00:46:52,680 --> 00:46:55,840
I was just curious, is any building in Lafayette

440
00:46:55,840 --> 00:46:57,180
currently of such height?

441
00:46:57,880 --> 00:46:59,480
Just to kind of get a good gauge

442
00:46:59,480 --> 00:47:01,660
of what these things, the buildings might end up looking like?

443
00:47:09,510 --> 00:47:11,270
Go ahead and answer your question.

444
00:47:11,410 --> 00:47:11,690
What do you know?

445
00:47:11,750 --> 00:47:12,990
I'll do all of them and then we'll.

446
00:47:13,410 --> 00:47:17,510
And then next on it, just why did you get to that height?

447
00:47:17,870 --> 00:47:19,230
I apologize, I was looking through the material,

448
00:47:19,330 --> 00:47:22,330
I couldn't find it, especially the sort of sidecut view examples

449
00:47:22,330 --> 00:47:24,490
you had of like the parking and then above, above, above.

450
00:47:25,130 --> 00:47:26,790
And it seemed like the mark for 60 was,

451
00:47:27,230 --> 00:47:28,590
noticeably above the top of the building.

452
00:47:28,590 --> 00:47:30,170
I don't know if that was accounting for the mechanical

453
00:47:30,170 --> 00:47:31,510
impermanences and things like that.

454
00:47:31,870 --> 00:47:34,090
Or were you planning on larger buildings going in?

455
00:47:34,410 --> 00:47:36,310
So just kind of curious how you arrived at that particular

456
00:47:36,310 --> 00:47:41,770
height standard. Why above ground parking and up below? Is that could theoretically, if you

457
00:47:41,770 --> 00:47:44,930
dig down for parking, you could decrease the overall building height and maybe leave you

458
00:47:44,930 --> 00:47:49,830
some concerns. I'm assuming seismic or very valid reasons. I was just kind of curious why all

459
00:47:49,830 --> 00:47:55,690
the examples had those above ground parking. While not I'm out the oblo for the vast majority of the

460
00:47:55,690 --> 00:48:00,570
developments, or the change that I should say, I was just curious again at 60 feet at what point

461
00:48:00,570 --> 00:48:04,430
are you starting to sort of buttress up against if you're down, if you're in the main core of the town

462
00:48:04,430 --> 00:48:10,010
you're looking north, is there be any impact on sort of view of forest hills, etc? I know

463
00:48:10,010 --> 00:48:12,770
it's outlined in the general plan as a concern for this. So I was just kind of curious, like,

464
00:48:12,910 --> 00:48:17,030
again, trying to picture what these things might look like from out the ablubble of our,

465
00:48:17,110 --> 00:48:23,290
the rest of downtown. And then the last one is sort of where it's a personal one. I was curious

466
00:48:23,290 --> 00:48:30,270
for the, I believe it was the faith-based change that you were proposing. In particular, one that's

467
00:48:30,270 --> 00:48:33,010
North of 24 in the Northeast corner by Oculonis High School.

468
00:48:33,630 --> 00:48:38,390
I believe as was pointed out to me earlier, it's just a parking lot right now, and I was

469
00:48:38,390 --> 00:48:43,710
just kind of curious what the plan is, like what was pictured that zoning change, what

470
00:48:43,710 --> 00:48:47,350
did we think would result from that, kind of curious.

471
00:48:47,890 --> 00:48:48,430
Thank you.

472
00:48:48,510 --> 00:48:48,690
That's all.

473
00:48:49,590 --> 00:48:50,370
I just have a question.

474
00:48:51,230 --> 00:48:52,830
Did you attend any of the G-PAC meetings?

475
00:48:53,430 --> 00:48:53,570
No.

476
00:48:54,210 --> 00:48:56,310
A little later rival.

477
00:48:56,690 --> 00:48:56,870
Okay.

478
00:48:57,190 --> 00:48:57,310
Okay.

479
00:48:57,310 --> 00:49:02,590
I mean, you're asking a lot, and it's kind of going back over years of stuff, so.

480
00:49:04,890 --> 00:49:05,730
Commissioner Mason?

481
00:49:06,530 --> 00:49:12,330
Let me just touch on a couple of the high points and the city staff can correct me.

482
00:49:13,490 --> 00:49:25,730
We have had several projects that were either stalled, not constructed, where they use the density bonus to get the fourth story.

483
00:49:26,430 --> 00:49:37,910
One was just pretty much right across the street against the corner and I felt sorry for the people across the creek because they're just looking at a affordable wall.

484
00:49:40,350 --> 00:49:50,330
The best place to get an idea of what it looks like is just go over to Walnut Creek, most of the core downtown and stuff across from Target.

485
00:49:50,330 --> 00:49:55,130
yet, that's probably around 35 dwelling use breakers.

486
00:49:55,290 --> 00:49:57,490
If you go around plus until Bart,

487
00:49:59,750 --> 00:50:02,070
that's closer to the six-year aid.

488
00:50:02,330 --> 00:50:09,350
And you can see the differences in detailing to get that high density.

489
00:50:10,830 --> 00:50:18,550
And yes, it can be block views in pre-Grecconian as far as the building height digging underground.

490
00:50:19,030 --> 00:50:42,130
Again, it's a function of land costs and other things, but as I understand that the building height as city defines it is from the lowest level to the top, even if it's underground, but the rest, I'm sure there's somebody else could stop by the city, and they could give you a little bit more.

491
00:50:43,670 --> 00:50:43,970
Thank you.

492
00:50:43,970 --> 00:50:44,990
Thank you.

493
00:50:45,010 --> 00:50:45,830
Thank you.

494
00:50:46,250 --> 00:50:46,890
Thank you.

495
00:50:46,890 --> 00:50:47,690
Staff, if you want to.

496
00:50:47,730 --> 00:50:48,330
Mr. Deming.

497
00:50:48,950 --> 00:50:52,990
I'll quickly respond as I can.

498
00:50:53,890 --> 00:51:01,510
Are any existing buildings in town, roughly 60 feet in height, to be able to see what that

499
00:51:01,510 --> 00:51:01,990
would look like?

500
00:51:02,450 --> 00:51:10,570
I believe the only existing building is the town center phase 3, so it's 1,000 doing avenue,

501
00:51:10,570 --> 00:51:16,130
So it is behind pet food express and panda express.

502
00:51:16,430 --> 00:51:21,410
You can see that building, it's right adjacent to Barth South Parking lot.

503
00:51:22,590 --> 00:51:25,510
Others have been approved, but not built.

504
00:51:25,770 --> 00:51:28,510
So that is the one physical example, I believe.

505
00:51:32,520 --> 00:51:36,500
Why not parking below the presumption of parking below ground?

506
00:51:36,720 --> 00:51:40,300
It's a financial feasibility factor.

507
00:51:40,300 --> 00:51:46,460
not that it can't be done, but it is a significant cost increase in the

508
00:51:46,460 --> 00:51:54,940
pro forma to accommodate. And then faith-based organizations, there are half

509
00:51:54,940 --> 00:52:00,480
a dozen throughout the community, including by Aqualanas High School, in order

510
00:52:00,480 --> 00:52:08,360
to meet our mandated regional housing needs allocation. There are any

511
00:52:08,360 --> 00:52:17,000
a number of ways to do that, and ultimately, the discussion with the General Plan of

512
00:52:17,000 --> 00:52:23,400
Isaac Committee, Planning Commission, City Council arrived at including and rezoning

513
00:52:23,920 --> 00:52:30,780
some portion of faith-based organization sites, which was arguably underutilized in the

514
00:52:30,780 --> 00:52:32,680
form of parking or other open space.

515
00:52:34,420 --> 00:52:48,660
It's consistent with recent changes in state law, which allow for those entities to build residential, I believe the bill is EB4, but I can reference it and get back to you.

516
00:52:51,120 --> 00:52:51,880
Thank you.

517
00:52:52,560 --> 00:52:53,340
Good question.

518
00:52:55,160 --> 00:52:56,580
Any other public comments?

519
00:52:56,580 --> 00:52:57,700
No,

520
00:53:01,710 --> 00:53:13,870
I'm seeing no other hands raised in the room and no speaker slips submitted now turning to our online attendees and seeing no hands raised.

521
00:53:14,030 --> 00:53:23,910
Okay, no, we will now close the public comment, bring it back to the Planning Commission, I don't think they need to respond to anything.

522
00:53:23,910 --> 00:53:28,090
So I'll go back to any discussions amongst this body.

523
00:53:28,310 --> 00:53:31,010
If not, I would gladly entertain a motion.

524
00:53:34,080 --> 00:53:34,400
Where's Gary?

525
00:53:37,700 --> 00:53:38,900
I'm happy to speak.

526
00:53:39,900 --> 00:53:42,320
For a motion, or did you just want to?

527
00:53:42,420 --> 00:53:42,880
Just both.

528
00:53:43,140 --> 00:53:45,420
Okay, I didn't see, I'm sorry, I didn't know you wanted.

529
00:53:46,320 --> 00:53:50,520
I just want to say clearly a lot of effort went into

530
00:53:51,010 --> 00:53:52,260
all of these revisions.

531
00:53:52,260 --> 00:53:59,460
So, by both Lisa Weiss consulting and staff, and I think the presentations were excellent.

532
00:54:00,440 --> 00:54:05,760
The staff report as well, very concise, so I'm happy to make a motion.

533
00:54:09,840 --> 00:54:22,560
I move that we adopt, that we recommend to City Council, the adoption and the revised draft housing element, the addendum to the certified housing element EIR.

534
00:54:22,560 --> 00:54:30,400
the general plan amendment to the land use element, text, and map, and the amendments to the zoning text and parcel rezoning.

535
00:54:33,210 --> 00:54:33,850
Second.

536
00:54:35,230 --> 00:54:35,950
Paul in favor.

537
00:54:36,510 --> 00:54:36,850
Hi.

538
00:54:37,370 --> 00:54:39,990
I'll oppose motion carries.

539
00:54:41,930 --> 00:54:43,730
Is this 15-day pill period?

540
00:54:44,830 --> 00:54:51,250
You are making a recommendation, so the appeal would go to the council anyway, so thank you.

541
00:54:51,250 --> 00:54:59,790
functionally a moot point but so thank you and also thank you guys I and vice

542
00:54:59,790 --> 00:55:02,710
chair thank you for bringing that up you know for somebody just parachute it

543
00:55:02,710 --> 00:55:05,930
in it might seem like we just but we've been spending two and a half years on

544
00:55:05,930 --> 00:55:12,390
this and you know getting the fine detail on it which you guys did very much

545
00:55:12,390 --> 00:55:16,350
appreciated and so I hope it doesn't look like we're just like let's get moving

546
00:55:16,350 --> 00:55:23,090
But this is like many late nights coming back, so thank you very much.

547
00:55:23,090 --> 00:55:23,770
Appreciate your time.

548
00:55:27,140 --> 00:55:31,380
So, having done that, let me go back to the agenda.

549
00:55:32,720 --> 00:55:38,800
All right, we are now up to new public hearing, 7A.

550
00:55:39,200 --> 00:55:41,960
We have 7A and 7B and I'll just hand it over to staff.

551
00:55:42,320 --> 00:55:46,000
Another similar but different, so however you want to present.

552
00:56:33,060 --> 00:56:34,700
All right, good evening commissioners.

553
00:56:34,700 --> 00:56:37,100
Thank you for that pause while we sort ourselves out.

554
00:56:38,040 --> 00:56:43,380
Tonight I am presenting two separate power points on two properties that are adjacent to each other.

555
00:56:43,960 --> 00:56:47,540
The proposal is fairly similar for each property, but there are some differences.

556
00:56:47,920 --> 00:56:53,700
So, as noted in the two separate staff reports, the goal here is while there's a lot of similarities and a lot of overlap,

557
00:56:54,200 --> 00:56:59,380
these two parcels will probably eventually be sold to two different parties and we want to create very crisp records.

558
00:56:59,380 --> 00:57:04,760
So apologies for the redundancy, but we just want to make sure everything is very clean

559
00:57:04,760 --> 00:57:05,120
and crisp.

560
00:57:05,800 --> 00:57:10,840
So tonight, we're looking at 3,500 and 3,600 Phillips Road.

561
00:57:11,320 --> 00:57:17,200
We are reviewing a Phase 1 HDP or Hillside Development Permit, as well as in this case for

562
00:57:17,200 --> 00:57:21,220
Parcel A, a grading permit, a variance permit, and a treat permit.

563
00:57:22,900 --> 00:57:28,160
Just as a reminder, I had a lot of trouble keeping these two parcels straight, so the correspondence

564
00:57:28,160 --> 00:57:37,020
here is that parcel A, A, comes first, 3,500, comes first. It's on the right, which is not first in our minds, as we read left right.

565
00:57:37,840 --> 00:57:46,460
But all of the permit numbers for this parcel are one lower, or in a few cases a few lower, and so those also come first.

566
00:57:46,760 --> 00:57:48,560
So numerically, everything's kind of grouped.

567
00:57:51,580 --> 00:57:58,120
So looking first at context for the parcel, the parcels together, you can see both outlined in green here.

568
00:57:58,120 --> 00:58:06,100
sit along the top of a ridge that is nearly circumnavigated by the Lafayette Maraga bike trail,

569
00:58:06,240 --> 00:58:11,340
which you see kind of curving around on the larger map. This is just south of downtown. You can see

570
00:58:11,340 --> 00:58:18,140
the 24 freeway in purple in the smaller map. And there are St. Mary's Road just a little corner

571
00:58:18,140 --> 00:58:24,980
on the bottom left of that larger map. The subdivision that divided these two parcels from one

572
00:58:24,980 --> 00:58:29,540
1, parcel into 2, I was the SB 9 1123.

573
00:58:29,960 --> 00:58:33,120
This was a ministerial review as required by state law.

574
00:58:33,600 --> 00:58:37,500
It was approved in 2023 and created the two parcels you see before you.

575
00:58:38,080 --> 00:58:44,080
Parcel A is 20,207 square feet or 0.46 acres.

576
00:58:44,680 --> 00:58:49,600
Parcel B is 17,590 square feet or 0.4 acres.

577
00:58:49,600 --> 00:58:56,640
As you can also see on this map the entirety of both parcels sits within the class 2 ridge,

578
00:58:57,100 --> 00:59:03,280
or excuse me, ridge line setback. This is measured as 250 feet from the actual ridge.

579
00:59:03,900 --> 00:59:11,280
In the case of this ridge, the setback applies only to the southern portion. It's a little

580
00:59:11,280 --> 00:59:16,380
difficult to see, but along the top of that orange color there is a kind of reddish-orange

581
00:59:16,380 --> 00:59:23,140
line that is the setback and in this case the northern portion is actually a class 3 setback

582
00:59:23,140 --> 00:59:29,700
which does not have the same development restrictions that class 1 and 2 have and it's usually

583
00:59:29,700 --> 00:59:34,980
applied where ridge lines are forested as is the case here. So where they're more open they're

584
00:59:34,980 --> 00:59:39,340
often class 1 or class 2 depending on how visible they are and how important their visibility

585
00:59:39,340 --> 00:59:46,780
is to the city, whereas a forested ridge has less clarity and visibility and so it's in this

586
00:59:46,780 --> 00:59:47,960
case designated class 3.

587
00:59:51,180 --> 00:59:54,220
The proposal here, and I should mention both of these parcels are vacant,

588
00:59:54,500 --> 00:59:59,820
which is what triggers the two-phase HDP permit, but the proposal for both parcels.

589
01:00:00,000 --> 01:00:28,580
Is a new single-family residence. The total square footage, gross including the garage would be 4,940 square feet. Only one story is proposed. As you remember, Lafayette measures height differently than just a ridge height. It's about an averaging of the top roof form and the average of the lower grade existing were proposed. And so we have here a maximum height of 18 feet,

590
01:00:28,580 --> 01:00:36,100
8, 6, and 21, 30 seconds inches, whereas the top of the ridge is one foot higher at 19

591
01:00:36,100 --> 01:00:38,260
feet, 6, and 21, 30 seconds.

592
01:00:41,580 --> 01:00:48,220
The purpose of a phase one HDP permit is to look at the siding and the massing, looking

593
01:00:48,220 --> 01:00:50,180
at the broad strokes of the proposal here.

594
01:00:50,700 --> 01:00:55,560
While the applicant did submit some additional details such as landscaping and materials, those

595
01:00:55,560 --> 01:00:59,980
are typically not reviewed under this phase, and they will be reviewed if this is approved

596
01:00:59,980 --> 01:01:06,020
when it goes to DRC for phase two. So I've left some of those finer details out of my staff report,

597
01:01:06,120 --> 01:01:10,680
though some of them are attached for your review, including in the plans. So looking now at

598
01:01:10,680 --> 01:01:20,140
site again, massing, here is the parcel A site plan. I want to call out the main driveway here.

599
01:01:20,480 --> 01:01:26,820
You can see that the side on the right, the kind of T intersection, that's the fire truck turn

600
01:01:26,820 --> 01:01:34,340
around as required. It's obviously straddling the property line. The reason that works is because

601
01:01:34,340 --> 01:01:40,560
the parcel to the right or east is owned by one of the owners of the two parcels we're

602
01:01:40,560 --> 01:01:44,720
reviewing tonight. And so an easement has been created and recorded in the title report

603
01:01:44,720 --> 01:01:50,980
submitted as part of this application. So that is all kind of clear and taken care of.

604
01:01:50,980 --> 01:01:59,840
So the fire truck turnaround is shown as that upper T and then the driveway continues across the property to parcel B, which is on the left.

605
01:02:01,060 --> 01:02:12,640
The importance of this is that all of that driveway from all the way on Phillips Road, which is on the far side of the other parcel on the right here, all of that is an access easement.

606
01:02:12,640 --> 01:02:36,780
And so that means that parcel B has full permission to cross parcel A's property and use the fire truck turnaround if need be all the utilities are placed in that easement, the access easement is of importance because unlike a plain utility easement or other type of easement, we measure setbacks from the back of the access easement to the same as we would measure from a property line.

607
01:02:36,780 --> 01:02:41,840
So because we have this access easement crossing the property, it changes what the building

608
01:02:41,840 --> 01:02:42,780
envelope looks like.

609
01:02:43,640 --> 01:02:48,380
So they're a little bit faint, but the setback lines, as measured from the property

610
01:02:48,380 --> 01:02:53,660
lines and this access easement, are shown here, let me see if I can get my mouse to show

611
01:02:53,660 --> 01:02:53,880
up.

612
01:02:54,340 --> 01:02:54,400
No.

613
01:02:55,100 --> 01:03:00,540
So if you follow, if you look at the far left side, let's start there, the setback is quite close

614
01:03:00,540 --> 01:03:04,840
to the property line, that heavy dashed line, just a little bit inside, it's a lighter dashed

615
01:03:04,840 --> 01:03:13,180
And if you follow that along across the rear, it clips the top corner, if that's a terrace there, it comes parallel to the rear property.

616
01:03:13,380 --> 01:03:17,720
And then as it comes down on the right or east side, it comes straight down and then it curves around.

617
01:03:17,980 --> 01:03:22,860
And that's a radius around that access easement corner at the fire truck turn around.

618
01:03:23,480 --> 01:03:34,600
It continues down, it follows the curve of that T and then crosses a good portion of the front of the building as it goes across the front property line.

619
01:03:34,600 --> 01:03:39,340
excuse me, the front setback. So again, that front setback is measured from the rear of the

620
01:03:39,340 --> 01:03:43,480
access easement or driveway there because that's a requirement of Lafayette code.

621
01:03:44,320 --> 01:03:45,740
I just want to lay that out clearly.

622
01:03:48,370 --> 01:03:50,790
Now we're talking about parcel A, which again is on the right

623
01:03:50,790 --> 01:03:56,930
side outlined in green here. The parcel B sits on the left, but those are the two parcels together.

624
01:03:57,870 --> 01:04:05,230
And then as I mentioned, the two parcels both sit within the class two setback, which if you look

625
01:04:05,230 --> 01:04:10,670
look at the site section on the bottom, you can see those property lines, there's nowhere

626
01:04:10,670 --> 01:04:15,650
to go that's downhill and outside of that class 2 setback.

627
01:04:16,130 --> 01:04:20,930
So there's no way to avoid building or developing in that setback.

628
01:04:21,550 --> 01:04:28,790
In this case, you can see this is specific to parcel A, there's open hillside on the south

629
01:04:28,790 --> 01:04:34,530
or left side, and then a wooded hillside, that's the class 3 setback, or class 3, I should

630
01:04:34,530 --> 01:04:40,370
I should say, on the right or north, going down to Diablo Drive, and there are a number

631
01:04:40,370 --> 01:04:45,330
of homes at the bottom of the property there that sit along Diablo Drive.

632
01:04:48,160 --> 01:04:53,200
Looking at some renderings provided by the applicant, this, again, of course, is parcel A.

633
01:04:53,420 --> 01:04:57,980
This is looking really at their rear yard or set back, so it's at the northeast corner

634
01:04:57,980 --> 01:04:59,200
looking southwest.

635
01:04:59,500 --> 01:05:02,480
You can see parcel B in the beyond.

636
01:05:02,480 --> 01:05:06,480
And then the lower picture is the two head on.

637
01:05:07,020 --> 01:05:11,600
The large solid mass is the three car garage, that's the garage door.

638
01:05:11,900 --> 01:05:17,100
And then you're looking first at the living room, which is primarily glass on the left.

639
01:05:18,220 --> 01:05:21,760
Parcel B on the left has some bedrooms sticking out beyond.

640
01:05:22,440 --> 01:05:25,800
It's actually a similar footprint on the right, we just have a different angle here.

641
01:05:30,680 --> 01:05:32,240
Moving on to the floor plan.

642
01:05:33,440 --> 01:05:39,000
South or front is to the bottom here, and so we can see the single family residence proposed.

643
01:05:39,940 --> 01:05:45,200
The footprint of the interior home is approximately 4,200 square feet.

644
01:05:45,440 --> 01:05:48,520
There are four bedrooms, including a master on the right.

645
01:05:49,720 --> 01:05:52,640
The garage is about 740 square feet.

646
01:05:52,880 --> 01:05:58,060
It's three cars and attached, giving us a total of 4,940 square feet.

647
01:05:58,060 --> 01:06:02,660
All of the common rooms are in the front mass at the bottom of the picture.

648
01:06:03,340 --> 01:06:11,880
Joining the two main massings is a family room which has decks on either side, and then the bedroom wing at the rear or north at the top of this image.

649
01:06:13,180 --> 01:06:26,580
Each of these three sections has two steps down, so both of the houses step from a higher common area to a lower family room and then to the lowest bedroom wing that's going down to the north into the trees.

650
01:06:29,120 --> 01:06:34,480
This parcel A does also have a terrace proposed in the upper left corner.

651
01:06:34,680 --> 01:06:43,720
It's only briefly outlined here, but there is a separate access proposed from the bedroom on the left available there.

652
01:06:46,710 --> 01:06:51,010
Looking now at grading and drainage, and this is where the two parcels differ quite a bit.

653
01:06:51,810 --> 01:06:58,890
The proposal for parcel A has 175 cubic yards of cut, 100 cubic yards of fill.

654
01:06:58,890 --> 01:07:05,050
There is an additional 1,250 cubic yards proposed within the building footprint.

655
01:07:05,410 --> 01:07:11,050
That number does not count to how we measure the requirements for a grading permit, but

656
01:07:11,050 --> 01:07:12,650
is obviously grading still taking place.

657
01:07:13,230 --> 01:07:20,410
So the grading permit has a 50 cubic yard trigger and anything above 200 cubic yards must be reviewed by the design review commission.

658
01:07:20,830 --> 01:07:22,730
So this would trigger both of those requirements.

659
01:07:24,070 --> 01:07:27,870
The grading is obviously primarily focused within the building footprint.

660
01:07:27,870 --> 01:07:34,150
The goal here is sinking the house down into the hillside to reduce visibility, given that it is on a ridge.

661
01:07:34,950 --> 01:07:40,130
The driveway obviously does need some grading as well, and then there are some paths in the decks, etc.

662
01:07:40,990 --> 01:07:47,910
Retaining walls are proposed along the south side of the driveway, all the way across the adjoining

663
01:07:47,910 --> 01:07:54,090
parcel that is not under review. I've included both here. So that right parcel, again owned by one of the

664
01:07:54,090 --> 01:07:57,850
co-owners of these two properties, and easements have been provided.

665
01:07:58,950 --> 01:08:03,850
And then, so the entire solid line at the south edge of that driveway, that's a retaining

666
01:08:03,850 --> 01:08:04,110
wall.

667
01:08:04,270 --> 01:08:09,730
It continues into parcel A for a little bit, and then stops because it's no longer needed.

668
01:08:10,310 --> 01:08:17,850
You can see that the existing and proposed to be still there, grading lines below or south

669
01:08:17,850 --> 01:08:20,890
of the driveway are a little bit steeper there.

670
01:08:20,890 --> 01:08:27,630
That's why the driveway has been pushed in, so that it's not a very tall retaining wall to kind of drift into that

671
01:08:27,630 --> 01:08:32,450
Steeper section, so that's why the driveway is pushed in and then again the

672
01:08:32,450 --> 01:08:40,010
Steeper section along the north kind of curves around the house and again requires some retaining walls to the north side

673
01:08:40,010 --> 01:08:42,690
So that's where the house is taller. It's on that north side

674
01:08:45,020 --> 01:08:49,020
This also includes a drainage, so I do want to point out there are two

675
01:08:49,020 --> 01:08:57,160
flow through planters that are collection points, one of them on the east side of the parcel

676
01:08:57,160 --> 01:09:03,240
on the right dissipates out to landscaping, the one on the left is actually collected

677
01:09:03,240 --> 01:09:10,940
by a storm drain which does connect to go to flow off property so that reduces additional

678
01:09:10,940 --> 01:09:14,140
water release that would go onto the downhill properties.

679
01:09:17,680 --> 01:09:20,220
I do want to talk about the variance findings.

680
01:09:20,780 --> 01:09:25,300
There was a variance application for both properties because of the setback intrusions.

681
01:09:25,880 --> 01:09:31,440
So this property, as I mentioned, has the house sitting inside the front setback by quite

682
01:09:31,440 --> 01:09:34,060
a bit, and inside the rear setback by a few feet.

683
01:09:35,560 --> 01:09:40,380
Staff believes that the findings for this variance can be made, and that's primarily due to

684
01:09:40,380 --> 01:09:42,240
the arrangement of the parcels.

685
01:09:42,240 --> 01:09:47,340
The only access point that makes sense is from Philips Road, and the only way to get to

686
01:09:47,340 --> 01:09:52,580
parcel B is to create an access easement that crosses parcel A. So that does seem to

687
01:09:52,580 --> 01:09:59,420
be a unique setting for the parcel, which does give, you know, by providing the variance

688
01:09:59,420 --> 01:10:05,000
we're not granting an additional right that other people don't have an enjoyment of the property.

689
01:10:05,240 --> 01:10:09,640
And that's kind of the main goal of a variance is making sure that it's not something special.

690
01:10:10,360 --> 01:10:15,480
So, Seth believes those findings can be made for this parcel and primarily due to the placement

691
01:10:15,480 --> 01:10:20,480
of the access easement, it makes sense to keep it off the southern steeper slope, which

692
01:10:20,480 --> 01:10:22,100
pushes it quite a bit into the property.

693
01:10:22,720 --> 01:10:29,240
I will call out that the house itself is well off the 20 feet front setback from the property

694
01:10:29,240 --> 01:10:29,640
line.

695
01:10:29,920 --> 01:10:34,300
It's just not compliant with the setback as measured from the back of the access easement.

696
01:10:34,300 --> 01:10:39,740
And again, the house has been pushed to the north a bit, partly to keep it off the main

697
01:10:39,740 --> 01:10:45,160
highest point of the ridge, and pushed down into the hillside to try to reduce that visibility.

698
01:10:45,980 --> 01:10:48,460
But that does push it into that rear setback.

699
01:10:52,840 --> 01:10:55,920
And so finally, as described in the staff report

700
01:10:55,920 --> 01:11:01,860
in the resolution, the project does conform with general plan policies and the zoning regulations

701
01:11:01,860 --> 01:11:04,920
except for the setbacks, which is why the variance is required.

702
01:11:06,080 --> 01:11:11,740
Also complies with a majority of the residential design guidelines and staff believes findings

703
01:11:11,740 --> 01:11:17,060
can be made for the long list of findings required for this project, which is a hillside

704
01:11:17,060 --> 01:11:21,940
development permit, an exception for development within a class 2 setback, an exception for

705
01:11:21,940 --> 01:11:23,920
development within a 15 degree declination.

706
01:11:24,500 --> 01:11:27,780
Again, there's no space outside of that in this property.

707
01:11:27,780 --> 01:11:39,620
Findings for design review, and specifically for residential development over 17 feet in height, for grading of 50 cubic yards or more, and for the variance in the front and rear setbacks.

708
01:11:42,240 --> 01:11:47,280
Property owners within 300 feet of the two properties were mailed a notice, there were 26 in total.

709
01:11:47,900 --> 01:11:53,300
Three notices were posted, instead of kind of collecting these all on Phillips or

710
01:11:53,300 --> 01:11:57,540
Last Trumpist road, we spread them out to where we thought the most affected properties were.

711
01:11:57,760 --> 01:12:04,700
So one was at, I believe, the corner of Phillips and Last Trumpist, one on Diablo Drive and one on Santa Maria Way,

712
01:12:04,920 --> 01:12:08,420
which is to the south, where people might have better views of the house.

713
01:12:09,120 --> 01:12:11,460
At the time of publication, no comments were received.

714
01:12:12,080 --> 01:12:16,660
Staff has spoken to two neighbors today, both of whom plan to attend and

715
01:12:16,660 --> 01:12:18,460
I hope make public comment if they're available.

716
01:12:18,460 --> 01:12:31,190
With that, staff recommends that the commission find the project exempt from CEQA and adopt planning commission resolution 2024-17, improving the project subject to the attached conditions.

717
01:12:31,830 --> 01:12:33,010
I'm happy to answer any questions.

718
01:12:34,550 --> 01:12:39,910
Thank you. That was very good, helpful. Any questions? Up here for staff?

719
01:12:43,170 --> 01:12:49,770
I just had the story polls, are those the edge of the actual house?

720
01:12:50,670 --> 01:12:52,310
I'll let the applicant speak to those.

721
01:12:52,470 --> 01:12:56,010
I believe they are the corners of the roof, but I will let them confirm.

722
01:12:56,710 --> 01:12:57,330
Okay, sounds good.

723
01:13:01,270 --> 01:13:05,970
The reports mentioned that there was no feedback from PG&E, I think.

724
01:13:05,970 --> 01:13:14,890
The electrical power poles terminate at a neighbor's house at 32.95, Phillips.

725
01:13:15,430 --> 01:13:18,750
So is the plan to have the electrical underground and did?

726
01:13:19,310 --> 01:13:20,650
Okay, that's correct.

727
01:13:21,250 --> 01:13:21,730
And-

728
01:13:21,730 --> 01:13:33,710
If I just offer some clarity, the reason we send these referrals out is not because we require that they update their plans, but because on occasion,

729
01:13:33,710 --> 01:13:40,690
One of our utility reviewing partners will have a concern that does require redesign and

730
01:13:40,690 --> 01:13:42,650
we want to get that information as soon as possible.

731
01:13:42,810 --> 01:13:47,170
Typically, the review actually must take place during building permit review, but

732
01:13:47,170 --> 01:13:50,510
that obviously puts us back a bit if there's suddenly a redesign.

733
01:13:50,830 --> 01:13:53,870
So it's a courtesy to send it out on the earlier side and

734
01:13:53,870 --> 01:13:58,930
make sure that all of our reviewing partners have an early say and

735
01:13:58,930 --> 01:14:00,810
the applicant is fully informed of their requirements.

736
01:14:00,810 --> 01:14:14,150
Because I was thinking more of visual impact and then that also brought to mind the idea of there's no mention of solar panels, you know, and maybe that's something the applicant wants to talk about it.

737
01:14:14,470 --> 01:14:21,450
That would affect the height, although I know it's a relatively short, it's not very high.

738
01:14:21,730 --> 01:14:29,470
But I don't know if there's any concerns about that or that's just being new if there's anything I should think about.

739
01:14:30,130 --> 01:14:35,350
It's my understanding, and I'm not a building permit practitioner, but it's my understanding

740
01:14:35,350 --> 01:14:39,050
that all single-family homes at this time are required to have solar panels, so they

741
01:14:39,050 --> 01:14:42,850
are not shown in the renderings, and there's no discussion of them at this time.

742
01:14:43,390 --> 01:14:50,270
However, for visibility, the roof, and I apologize for not putting a nice section or elevation

743
01:14:50,270 --> 01:14:54,850
in, that was a miss on my part, but the roof is a soft butterfly, and so to the north and

744
01:14:54,850 --> 01:14:59,350
south, the high end of the roof is on the outside of the building, and so any solar panels

745
01:14:59,350 --> 01:14:59,970
with mostly-

746
01:15:00,000 --> 01:15:14,000
We'll be visible to someone standing on the section of green roof, which is not somewhere, someone will be. Thank you. All right, great. I guess we'll have the applicant, please. Thank you.

747
01:15:18,150 --> 01:15:20,550
Definitely do you like me to bring up any images or?

748
01:15:23,050 --> 01:15:35,390
My on. Thank you. After the Mr. DeBoss comes out the architect, I'm good. Good evening, commissioners. Thank you for the opportunity to speak this evening. And I first want to thank staff.

749
01:15:35,390 --> 01:15:40,650
We've been working, I purchased 3,300 Philips about seven years ago.

750
01:15:41,130 --> 01:15:47,070
I'm the one that owns the house next to it, so grants the easements, worked on the rest of the land use through it.

751
01:15:47,690 --> 01:15:51,330
There was in one of my friend's own, the property was gonna build a home on it.

752
01:15:51,470 --> 01:15:58,090
Unfortunately, some medical things got the way and here I am doing more development in Lafayette from a single family standpoint.

753
01:15:58,390 --> 01:16:02,490
So first, I love building in Lafayette, we're almost done at Lucas Ranch.

754
01:16:02,490 --> 01:16:06,030
I'm excited to move on to a few more single family projects.

755
01:16:06,550 --> 01:16:13,330
I'll start with, I can't really remember anyone doing such a great job as Arlee on a staff report, and

756
01:16:13,330 --> 01:16:19,950
to work through what she's worked through, her thoroughness, and to really start my speech is quite difficult.

757
01:16:20,210 --> 01:16:25,110
How good of a job, I think she presented the project as it is, so I'll go back to the land itself.

758
01:16:25,970 --> 01:16:28,490
It is open, it's very vacant.

759
01:16:28,490 --> 01:16:39,690
answer your first question, yes, those are the high points after on the story polls, so that will be the height after you cut down in this, as Arley said, you'll cut and then that will be the tall point of the project.

760
01:16:40,050 --> 01:16:46,610
I met with the two closest, contiguous neighbors to go over that exact issue to just talk about satin massing.

761
01:16:46,770 --> 01:16:53,270
So as I look at satin and massing from a red line standpoint, my first goal is to build homes that no one can see.

762
01:16:53,270 --> 01:17:02,210
And the reality is, I've really began to understand what the sophistication of architecture really is.

763
01:17:02,370 --> 01:17:05,810
It's about actually hiding the actual house itself and then using landscape and

764
01:17:05,810 --> 01:17:11,550
then using the structure itself so that it disappears from the offside impacts because we all know as we drive home,

765
01:17:11,550 --> 01:17:13,490
you see all the white houses up on the hillsides.

766
01:17:13,630 --> 01:17:18,590
You don't see the houses that are flat roof that don't have huge pitch roofs that actually blend into the surrounding.

767
01:17:18,590 --> 01:17:48,510
So, main goal here was to find someone and I'm going to introduce Charles Davos who we brought, he will be mad at me for saying he was a professor of architecture at Stanford still is and was someone that just inspired me to really do something that was great and I wanted to find a way that we could create the twins of the two buildings next to each other so that they they created their own identity within them but there wasn't an offensive nature to actually live next to your neighbor that has

768
01:17:48,510 --> 01:17:53,450
the same house, and although they'll be lived in differently, I thought it was a charming way of

769
01:17:53,450 --> 01:17:57,950
actually hiding the two homes in a way that reduce the sighting and masking, reduce the offside

770
01:17:57,950 --> 01:18:03,030
impacts. We tried to step the house down the side that has all of the trees so that we wouldn't

771
01:18:03,030 --> 01:18:09,310
affect any of the neighbors as much as possible. And then to really try to bring the houses into the

772
01:18:09,310 --> 01:18:14,370
calm of really what that hillside means to me. So, I appreciate the opportunity to be here.

773
01:18:14,370 --> 01:18:17,410
Two questions, the PG&E will be undergrounded.

774
01:18:17,510 --> 01:18:23,030
Everything in California, I believe, has to be undergrounded starting in single family from this point forward.

775
01:18:23,690 --> 01:18:25,970
So that will be underground and for the subdivision.

776
01:18:26,490 --> 01:18:29,750
And the second question, which is now not coming to me.

777
01:18:30,350 --> 01:18:33,770
Solar will be included, title 24 requirements, the state of California.

778
01:18:34,270 --> 01:18:38,390
Pretty much, I don't think it's a requirement of single family, but

779
01:18:38,390 --> 01:18:45,270
But you can't get compliance with any of the R values, the U values that are the solar, heat gain, co-efficiency, et cetera, unless you're putting solar.

780
01:18:45,710 --> 01:18:50,290
With that said, I would have done it anyhow, I've done it on every home at Lucas Ranch in my building sustainably.

781
01:18:50,850 --> 01:18:55,230
With that said, I'll turn it over to Mr. Charles-Dabos, and I appreciate the opportunity again, thank you.

782
01:19:03,800 --> 01:19:04,480
Good evening.

783
01:19:06,810 --> 01:19:12,190
Thanks for your time, thanks for listening, and Arlee, I mean, you did my job for me.

784
01:19:13,990 --> 01:19:18,970
I'm just going to go over some of the attributes of the houses and why we came up with the design.

785
01:19:19,870 --> 01:19:24,830
Like every project I initiate, I try to look at context as this starting point.

786
01:19:25,650 --> 01:19:31,890
So the site is so spectacular, we wanted to fit something in there, a house that would be complementary to the site.

787
01:19:31,890 --> 01:19:37,590
like it's attributes, the oak trees, the views, and not impose anything that isn't discrete

788
01:19:38,830 --> 01:19:40,690
and minimal, basically.

789
01:19:42,760 --> 01:19:52,810
In approaching the design, a few things that I fold into all my work is to use as much

790
01:19:53,520 --> 01:19:57,590
as the natural surrounding is possible and make that part of the design and the house.

791
01:19:57,870 --> 01:19:59,350
So it's an indoor, outdoor house.

792
01:19:59,350 --> 01:20:02,750
The massing is really very minimal, like I said,

793
01:20:02,990 --> 01:20:06,510
and the important thing was to weave landscape

794
01:20:06,510 --> 01:20:07,910
and architecture into one.

795
01:20:08,970 --> 01:20:14,250
And so this indoor, outdoor sort of living sort

796
01:20:14,250 --> 01:20:18,170
of arrangement allows for using some of the spaces

797
01:20:18,170 --> 01:20:22,070
between the homes as well as part of the program.

798
01:20:25,070 --> 01:20:32,550
Like Jeff said, we initially looked at this design and the butterfly roofs, and I kept

799
01:20:32,550 --> 01:20:39,790
it to a one-level massing to try to not impose anything on top of this hill.

800
01:20:40,370 --> 01:20:47,070
And in homage, obviously, to the side, the neighbors, and creating something very sort

801
01:20:47,070 --> 01:20:48,450
of, like I said, discrete and minimal.

802
01:20:51,070 --> 01:20:58,450
When ever you do something minimal, and I try to try to do that in all my work, you create something a bit timeless.

803
01:20:58,470 --> 01:21:07,270
It's sort of trend-free. And that was the goal here, is to create something so unique, but so simple at the same time that hopefully won't age.

804
01:21:07,850 --> 01:21:12,650
And hopefully set the bar on our next projects as well in terms of where we're going.

805
01:21:13,610 --> 01:21:21,950
Like every project also that I assume, and Jeff and Ryan were so receptive to this, which is, you know, I'm very grateful to that.

806
01:21:22,710 --> 01:21:28,030
I'm an old school architect that believes in passive solar, so natural lighting, natural ventilation.

807
01:21:28,690 --> 01:21:30,550
So all of that is folded into this house.

808
01:21:31,010 --> 01:21:36,570
What I tell people is our least expensive and most valuable building material is natural light.

809
01:21:37,290 --> 01:21:41,410
And so that is folded into the DNA of those two homes.

810
01:21:41,410 --> 01:21:48,250
So are the materials, the materials are natural and hopefully blend in with the surrounding

811
01:21:48,250 --> 01:21:48,710
oaks.

812
01:21:49,190 --> 01:21:56,490
The butterfly roofs, as you saw, sort of taper up on both ends, on the south side it opens

813
01:21:56,490 --> 01:22:01,290
up the views, on the back side it opens up to the oak grove that we have.

814
01:22:01,990 --> 01:22:07,250
And I wanted to soak in both of these things on the bedroom side, you know, having a discreet

815
01:22:07,250 --> 01:22:15,270
with and more private with the Oaks and on the view side having this expansive views as well.

816
01:22:18,990 --> 01:22:24,670
Basically, you know, I think the main point in this is to create a work of architecture that

817
01:22:24,670 --> 01:22:31,610
harmonizes well with the site. And I try to do that with all my all my work. And I never start with

818
01:22:31,610 --> 01:22:38,210
a preconceived design or approach. I look at all the things that are assets and attributes of each

819
01:22:38,210 --> 01:22:44,270
site, the program, and orientation, and then come up with something very unique to that

820
01:22:44,270 --> 01:22:51,210
site. And that's what I'm hoping we did over here. So I'm not gonna sort of go over, you know,

821
01:22:52,170 --> 01:22:57,650
describing this, but the whole idea here is to create something that I think everybody would be

822
01:22:57,650 --> 01:23:04,930
proud of, neighbors, the city of Lafayette, and obviously create something that sort of defies the

823
01:23:04,930 --> 01:23:11,870
typical developer, Staco, you know, pitch-true homes that you see everywhere. I think we're

824
01:23:11,870 --> 01:23:16,690
finally veering away from that. I think people are starting to appreciate minimalism and

825
01:23:16,690 --> 01:23:23,590
that kind of architecture more that's happened over the past I think 10 years. So I think hopefully

826
01:23:23,590 --> 01:23:30,290
this will sort of encourage others and ourselves to do more of this in Lafayette.

827
01:23:38,120 --> 01:23:38,720
If you have

828
01:23:38,720 --> 01:23:45,720
And we are, you know, we're looking at site massing right now, but it is, I mean, I'm going to speak for myself.

829
01:23:45,960 --> 01:23:52,220
It's nice to see the detailed fine detail, and that'll come back later through design review, but you've clearly already thought about that.

830
01:23:52,740 --> 01:23:55,400
So, does anyone up here have any questions for the applicant?

831
01:23:56,340 --> 01:23:56,880
Mr. Mason?

832
01:23:58,760 --> 01:24:07,320
Yes, one is, I sound the site Sunday, believe I met your cousin, Jeff?

833
01:24:08,480 --> 01:24:16,780
Yeah, we walked aside. He was very gracious. One of the little things we appreciate you did is you left the gate halfway open for so many times.

834
01:24:17,740 --> 01:24:18,720
We can't get out there.

835
01:24:20,300 --> 01:24:29,080
I grew up in the neighborhood. I had a friend who lived on Phillips. I've known that houses were going to go there sooner or later.

836
01:24:29,860 --> 01:24:31,280
I appreciate the job you did.

837
01:24:32,340 --> 01:24:36,740
We walked around the property, yes, it's fairly private.

838
01:24:36,900 --> 01:24:42,040
I wasn't really too worried about that because you're not going to put a house that has all

839
01:24:42,040 --> 01:24:43,940
glass if avers can begin.

840
01:24:44,600 --> 01:24:49,100
I have no trouble making the variance, it's the only way it could be done.

841
01:24:50,020 --> 01:24:58,160
A little side note is I appreciated that you did advance work and included your geotechnical

842
01:24:58,160 --> 01:24:59,680
report with the plans.

843
01:24:59,680 --> 01:25:09,200
I'm a structural engineer, there's a lot of unstable hillsides there, things that require a lot more foundation work than most people would assume.

844
01:25:10,060 --> 01:25:18,240
So, I very happy with it, I think you did an excellent job, I really like, I always liked the minimalists looking at it.

845
01:25:18,240 --> 01:25:18,920
Thank you very much.

846
01:25:19,060 --> 01:25:20,080
Well, thank you.

847
01:25:21,100 --> 01:25:29,040
I just want to add one more thing if I could, in this house and almost every house that

848
01:25:29,040 --> 01:25:36,140
I now take on sustainability, not in the trendy kind of way, but in the more existential

849
01:25:36,140 --> 01:25:38,580
way comes into play.

850
01:25:38,960 --> 01:25:46,280
So a lot of the choices of materials are meant to be low maintenance and very durable.

851
01:25:46,800 --> 01:25:59,680
So, and of course, you know, I helped us contribute in our own way, basically, to preventing further pollution on our planet.

852
01:26:01,660 --> 01:26:05,460
It's something that is very dear to me, and I think to Jeff as well.

853
01:26:06,360 --> 01:26:14,580
And we're not doing it in a very flashy or way, but we're doing in a very discrete way and folding all of this into the design as well.

854
01:26:16,570 --> 01:26:17,250
Any questions?

855
01:26:19,110 --> 01:26:30,170
The only thing, when I went out there, I was struggling to see that the road fit, but I realized that there's a certain amount that's going to be removed for the foundation and the story pole.

856
01:26:30,390 --> 01:26:41,250
So, I guess what I'm asking is anecdotally, like if I'm out of the story pole as you first walk up, how much farther down is it going to start when it's actually removed?

857
01:26:41,250 --> 01:26:42,730
just to get it jokingly.

858
01:26:43,150 --> 01:26:46,910
Yeah, you're shaving about from where the top of that story

859
01:26:46,910 --> 01:26:50,890
follows. First, human designs the civil engineer on it, so they went and surveyed it and then,

860
01:26:51,210 --> 01:26:56,450
and then that's where we put the polls up. On the bottom, the first poll that you see on the right

861
01:26:56,450 --> 01:27:01,510
side on this property, I'd say maybe six or seven feet. So you're cutting about six or seven,

862
01:27:01,510 --> 01:27:06,890
and then you're flattening, that's all fill too. Someone took that and flipped it on that hillside

863
01:27:06,890 --> 01:27:08,570
I think kind of created that bold effect.

864
01:27:09,270 --> 01:27:13,370
So after we remove that fill, you'll probably go down another three feet from there.

865
01:27:13,490 --> 01:27:18,630
And then for the roadway side, effectively, you have the small retaining wall.

866
01:27:19,110 --> 01:27:23,130
I think it's three feet or less, I think carries on, and then you're carrying it onto the other side.

867
01:27:23,570 --> 01:27:24,210
Great, yeah.

868
01:27:25,030 --> 01:27:26,730
All right, thank you.

869
01:27:26,950 --> 01:27:28,290
I think we're good with questions.

870
01:27:28,570 --> 01:27:29,050
Appreciate that.

871
01:27:29,130 --> 01:27:29,770
Thank you very much.

872
01:27:32,190 --> 01:27:35,250
All right, we'll open it up for public comment.

873
01:27:35,250 --> 01:27:37,690
If we have any public comments, take those now.

874
01:27:40,100 --> 01:27:42,360
It looks like we do have a speaker in the audience.

875
01:27:42,520 --> 01:27:47,920
Go ahead and approach the podium and then you can turn in your speaker slip after you speak.

876
01:27:50,750 --> 01:27:54,140
Certainly, that would be fine.

877
01:27:54,620 --> 01:27:55,040
You're right here.

878
01:27:58,980 --> 01:27:59,440
Thank you.

879
01:28:03,660 --> 01:28:05,380
I'll let the speaker introduce himself.

880
01:28:06,440 --> 01:28:07,340
Am I on now?

881
01:28:07,720 --> 01:28:07,940
Yes.

882
01:28:08,660 --> 01:28:09,820
My name is Fred Timler.

883
01:28:10,680 --> 01:28:14,420
I live at 3250 Phillips Road, here in La Viet.

884
01:28:14,420 --> 01:28:31,480
And interesting to listen to all this production this evening and I have to admit it looks like a nice project and because I'm on the road providing essentially the access to this property.

885
01:28:31,840 --> 01:28:43,600
I haven't heard any mention in these discussions this evening about whether the owner even has a proper easement.

886
01:28:43,600 --> 01:28:58,600
a recorded advertisement to be able to access its property in the bag and looking at my own title report, which is something Ms. Cassidy asked me to do, I can't determine myself.

887
01:28:59,300 --> 01:29:03,880
There's no exception for those properties in the back because it didn't exist.

888
01:29:03,880 --> 01:29:13,580
And my wife and I have lived there for 54 years, and I've never signed a deed offering access to the back.

889
01:29:13,960 --> 01:29:20,700
And one of our joining neighbors is here, and I'm not sure how he feels about the project.

890
01:29:20,840 --> 01:29:23,820
I don't have a particular problem with the project that I do.

891
01:29:24,540 --> 01:29:30,080
One third to be proper legitimate access, legal access.

892
01:29:31,780 --> 01:29:40,180
And one of the things that would probably help that is the developers would be willing to upgrade our Phillips road because it's some kind of tough shape.

893
01:29:40,920 --> 01:29:45,920
And I don't know why he would want to try to sell homes on our road.

894
01:29:46,060 --> 01:29:53,380
It's just could definitely use some work.

895
01:29:54,640 --> 01:29:59,720
And I would like to see as a condition of their approvals that they provide some.

896
01:29:59,720 --> 01:29:59,960
you

897
01:30:01,830 --> 01:30:28,590
Means of upgrading the road as exists today. That's my presentation. All right. Thank you, sir. So just a couple things. There might be some questions. I believe it's a private road. It is a private road. Okay. And we'll let the applicant, the applicant will get a chance to kind of respond back to that. So we'll do that. Anyone else have questions for the applicant? Just nice to see you again, Fred. I didn't recognize you. I didn't recognize you at first.

898
01:30:30,490 --> 01:30:35,950
I've known him while he's lived here 54 years, and I've probably known him 50 of those years.

899
01:30:35,970 --> 01:30:40,770
I coached your brother in soccer, LMW, he's probably 40 years ago.

900
01:30:41,050 --> 01:30:45,770
If there's anybody here who's a Cal fan, his office is a Cal shrine.

901
01:30:45,930 --> 01:30:48,870
That's true, go bears.

902
01:30:50,690 --> 01:30:51,910
So anything, do you win?

903
01:30:53,390 --> 01:30:58,170
Well, we'll let the applicant respond to that and hope that I'll let him.

904
01:30:58,170 --> 01:31:02,210
It doesn't answer to your satisfaction, maybe after the meeting you guys can meet up and talk, I'm sure.

905
01:31:02,770 --> 01:31:05,890
Well, I think we met up on the ground right the other day.

906
01:31:06,230 --> 01:31:15,990
And he seemed amenable to my idea of that they really needed to, if they're going to sell those homes, they're going to have to upgrade the Phillips road.

907
01:31:16,770 --> 01:31:20,310
Yeah, and I seem to agree to that, but I would like to make it a provision of the.

908
01:31:21,030 --> 01:31:22,510
Well, I'll let staff speak to that.

909
01:31:22,610 --> 01:31:26,490
I don't think we normally will put that in, but maybe you can help me on staff.

910
01:31:26,490 --> 01:31:36,870
I mean especially on a private road we put in a condition on that we do not we we have no jurisdiction over private roads and typically

911
01:31:38,290 --> 01:31:45,490
Well best practice would would be for the residents who are served by the road to have a road maintenance

912
01:31:46,160 --> 01:31:48,620
agreement an association if need be and

913
01:31:50,130 --> 01:31:51,450
provisions for

914
01:31:51,450 --> 01:32:00,730
We're repair of damage, should that occur during construction and just long-term maintenance.

915
01:32:03,340 --> 01:32:03,480
Okay.

916
01:32:04,020 --> 01:32:05,920
And I don't know if you already have that with the existing owner.

917
01:32:06,060 --> 01:32:06,420
We do not.

918
01:32:06,840 --> 01:32:07,040
Okay.

919
01:32:07,180 --> 01:32:08,120
It's been an issue.

920
01:32:08,680 --> 01:32:08,840
Okay.

921
01:32:09,080 --> 01:32:11,120
Well, then we'll let the applicant answer and then I would appreciate that.

922
01:32:11,120 --> 01:32:11,320
Okay.

923
01:32:11,760 --> 01:32:12,460
They appreciate that.

924
01:32:12,640 --> 01:32:13,800
Thank you for bringing that up, though.

925
01:32:15,120 --> 01:32:18,580
Well, there's a private road and we're all paying taxes on it.

926
01:32:19,420 --> 01:32:23,100
We'll help do the best we can to maintain it.

927
01:32:23,100 --> 01:32:23,540
Thank you.

928
01:32:23,700 --> 01:32:28,640
We're going to put a bunch of trucks on and heavy equipment, be hauling logs out over it.

929
01:32:29,100 --> 01:32:33,320
I think you do have some jurisdiction, I don't think, that you can approve this without

930
01:32:34,460 --> 01:32:37,320
allowing for the fact it felt through and needs to be taken care of.

931
01:32:37,440 --> 01:32:37,700
Thank you.

932
01:32:38,460 --> 01:32:38,800
All right.

933
01:32:38,940 --> 01:32:40,820
And before the applicant, do we have any other public comments?

934
01:32:41,700 --> 01:32:45,720
We have no additional speakers in the room.

935
01:32:45,720 --> 01:32:52,780
We do have three raised hands in the virtual attendees.

936
01:32:53,360 --> 01:32:58,160
The first will be Bob MC and

937
01:33:00,400 --> 01:33:04,960
you now have been enabled audibly.

938
01:33:05,180 --> 01:33:07,540
So please take up to three minutes for your comments.

939
01:33:08,640 --> 01:33:09,000
All right.

940
01:33:09,340 --> 01:33:10,480
Am I on?

941
01:33:11,100 --> 01:33:11,820
Yes, you're on.

942
01:33:11,820 --> 01:33:17,080
Awesome. Thank you. So Bob McLean, Lafayette, I've built some places here in Lafayette myself.

943
01:33:18,120 --> 01:33:23,440
Out of the gate, I'm not opposed to the project. It looks good. I guess what I am opposed to

944
01:33:23,440 --> 01:33:31,520
or I'm wondering about is the variance on the A lot because it looks to me that it actually is

945
01:33:31,520 --> 01:33:39,120
granting special privilege for at least two reasons. Basically, the B lot is a flag lot.

946
01:33:39,900 --> 01:33:44,160
And, you know, the city of Lafayette is littered with flag lots.

947
01:33:45,040 --> 01:33:50,960
And so they're saying, well, gosh, we have this driveway going across parts of A that's

948
01:33:50,960 --> 01:33:54,500
impacting our setbacks, you know, this driveway to a flag lot.

949
01:33:54,640 --> 01:33:59,980
Therefore, we need an easement where we need a variance, sorry, we need a variance.

950
01:34:01,020 --> 01:34:07,860
And, you know, I think if you ask Mr. Wolf, hey, does the city of Lafayette, a standard practice

951
01:34:07,860 --> 01:34:13,880
offer variances to parcels adjacent to flag-life driveways, simply because that

952
01:34:13,880 --> 01:34:18,700
parcel is adjacent to a flag-life driveway, you'd probably say no. You know, so

953
01:34:18,700 --> 01:34:23,800
this would be definitely, you know, granting special privilege. Second one,

954
01:34:24,060 --> 01:34:31,160
second reason is they can reduce the size of the house to a 4,000-square-foot

955
01:34:31,800 --> 01:34:37,080
footprint problem-solve. You know, over there on Muraga Boulevard, you know, you've got

956
01:34:37,080 --> 01:34:42,600
a smaller loss with the setbacks you've got. Maybe you've got a 2,000 square foot buildable pad.

957
01:34:43,580 --> 01:34:49,120
So you do a 2,000 square foot footprint. You know you do the same thing here just because the

958
01:34:49,120 --> 01:34:59,100
applicant wants to build 4,900 square feet. That's not a reasonable reason for a variance. You know

959
01:34:59,100 --> 01:35:03,760
you build within your setbacks. If someone over in Morocco Boulevard said well I want to build 3,000

960
01:35:03,760 --> 01:35:08,680
square feet on my 2,000 square foot space, the city would I think would say no.

961
01:35:10,260 --> 01:35:16,780
So again simply because the applicant wants to build bigger is not, you know, that's

962
01:35:16,780 --> 01:35:20,700
not why variances exist and again that would be granting a special privilege.

963
01:35:21,540 --> 01:35:26,460
The third reason, actually the third one's a comment unfortunately because the camera's

964
01:35:26,460 --> 01:35:27,920
not on, I can't show it to you.

965
01:35:27,920 --> 01:35:36,980
But if you look at the site plan parcel A, page 5 of 11 on the staff report, there's

966
01:35:36,980 --> 01:35:44,040
parcel B. The reason parcel B got variance was denied is because you could slide the house

967
01:35:44,040 --> 01:35:44,360
over.

968
01:35:44,700 --> 01:35:45,880
Basically, hey, there's room.

969
01:35:47,540 --> 01:35:52,140
There's room on parcel A on the, I guess it's the west side.

970
01:35:52,600 --> 01:35:57,180
There's space for the footprint to be expanded and also on the east side.

971
01:35:57,180 --> 01:36:03,100
So there's room to build a 4,900 square foot house within the existing setbacks.

972
01:36:03,820 --> 01:36:08,920
So again, if that's the logic used to say no on B,

973
01:36:10,300 --> 01:36:16,100
the similar logic applies also to A. That's my time, those are my comments, thank you.

974
01:36:17,500 --> 01:36:24,300
Thank you, and I think applicant may speak to some of those and then I would ask staff too.

975
01:36:24,300 --> 01:36:34,240
But do you do you want to wait to the end before we respond to any of these because I think the flag lock question

976
01:36:34,240 --> 01:36:37,500
I just like to make sure I'm clear on that so I

977
01:36:40,380 --> 01:36:46,160
don't I'm not trying to put you on the spot. I just want to know if you want to wait till now or or after the

978
01:36:46,160 --> 01:36:50,160
applicant's spoken to kind of maybe there's anything you would address to that.

979
01:36:50,160 --> 01:36:53,480
If you'll state your question, I'm happy to respond.

980
01:36:55,060 --> 01:37:06,120
If the question is, I'm not aware of any blanket policy with respect to variances and flaglots.

981
01:37:08,300 --> 01:37:15,920
Each application for variance is assessed based on the circumstances of that lot and the state and

982
01:37:16,920 --> 01:37:18,880
findings that are in our municode.

983
01:37:20,660 --> 01:37:25,620
Okay. And not just trying to be thorough on this. So if it,

984
01:37:30,130 --> 01:37:32,850
well, I'm going to let the applicant

985
01:37:32,850 --> 01:37:36,470
speak and then I might have some more comments on it. Okay. Thank you. Thank you, Speaker.

986
01:37:36,790 --> 01:37:42,770
We're going to move on to the next one. The next speaker with the raised hand is Derek Butts.

987
01:37:43,250 --> 01:37:48,010
Go ahead and take up to three minutes for you're now allowed. Audible.

988
01:37:48,950 --> 01:37:57,970
Hi there and thank you for having me. I am a neighbor at the end of Philips Road at the corner of

989
01:37:57,970 --> 01:38:02,850
Los Trampus and Philips and have only recently learned about the project just through the neighbor.

990
01:38:02,930 --> 01:38:08,690
I have a feeling I'm outside of the radius of the notifications. First, I appreciate the presentation

991
01:38:08,690 --> 01:38:14,350
of all the materials, the plans, and I have no particular issue one way or the other.

992
01:38:15,070 --> 01:38:19,210
I, like many, have probably assumed that at some point there would be development.

993
01:38:21,490 --> 01:38:29,830
Like Fred, as a part owner of Philip's Road, I just wasn't sure about if there was an

994
01:38:29,830 --> 01:38:31,530
easement that needed to be granted.

995
01:38:32,130 --> 01:38:37,770
I also like Fred, read my deed and found myself scratching my head at some of it, but didn't

996
01:38:37,770 --> 01:38:38,550
find exceptions.

997
01:38:38,550 --> 01:38:43,210
and while I've only been there a dozen years,

998
01:38:44,750 --> 01:38:48,010
just wanna make sure that whatever process

999
01:38:48,850 --> 01:38:52,910
that's gone through that, I guess I'll just echo Fred

1000
01:38:52,910 --> 01:38:58,510
that we comply with the letter of how it's documented

1001
01:38:58,510 --> 01:39:04,610
in Jeff and Napkin's happy to get together and meet.

1002
01:39:04,810 --> 01:39:07,370
I just don't know how it's supposed to work

1003
01:39:07,370 --> 01:39:14,830
given it's a private road and there's not necessarily easement granted. So maybe Fred,

1004
01:39:15,230 --> 01:39:20,790
you and I can catch up and connect with the applicant or Jeff or whatever the commission

1005
01:39:22,410 --> 01:39:29,550
recommends. It's more education, doing things properly. I also have, you know, we can see if the road

1006
01:39:29,550 --> 01:39:35,990
can bear the construction trucks, but I defer that to experts. Fred, you have a lot more experience

1007
01:39:35,990 --> 01:39:38,330
with things like that than I do.

1008
01:39:40,010 --> 01:39:40,870
That was it.

1009
01:39:41,590 --> 01:39:46,130
I'm new to the project and more just had questions about how the easement worked through a private

1010
01:39:46,130 --> 01:39:49,970
road and make sure we do things, you know, get things signed the right way.

1011
01:39:53,190 --> 01:39:53,930
Thank you.

1012
01:39:54,150 --> 01:39:54,530
Thank you.

1013
01:39:54,950 --> 01:39:55,670
Sorry, Derek.

1014
01:39:56,210 --> 01:39:57,150
Any questions for this?

1015
01:39:58,430 --> 01:39:58,670
Okay.

1016
01:39:58,890 --> 01:40:03,250
And the only thing I add is, and I think I'm remembering from ones we've done in past years,

1017
01:40:03,510 --> 01:40:07,350
you know, and if I'm out of school, please give me a signal.

1018
01:40:07,350 --> 01:40:16,750
So, private roads and easements are something that I believe the city is going to stay out of and not advise on, it's not a city road.

1019
01:40:17,630 --> 01:40:19,530
Okay, thanks, I appreciate it.

1020
01:40:19,650 --> 01:40:32,690
But, dear earlier point, you know, you have a willing applicant, my understanding, you have a willing applicant and you have someone who's, I'm not going to speak for them, but I just would say if you guys get together, I think that's the best first start.

1021
01:40:32,690 --> 01:40:39,590
So, thank you for that, and I think the applicant will answer some of that when they get up to it.

1022
01:40:39,970 --> 01:40:40,750
I think we have one more.

1023
01:40:42,250 --> 01:40:48,910
Correct, Chair. The third and final speaker is Brian, and you are now enabled for audio comment.

1024
01:40:50,370 --> 01:40:51,150
Hi, can you hear me?

1025
01:40:52,770 --> 01:40:53,970
Could you speak up a little, please?

1026
01:40:54,790 --> 01:40:55,630
Yeah, can you hear me now?

1027
01:40:56,130 --> 01:40:56,250
Yes.

1028
01:40:57,190 --> 01:40:59,190
Okay, hi. Yeah, Dean Farley here.

1029
01:40:59,190 --> 01:41:04,770
I just had a few quick questions. First off, appreciate the presentation. Both

1030
01:41:04,770 --> 01:41:11,710
those houses look beautiful. I am the property directly below these two houses

1031
01:41:11,710 --> 01:41:18,150
being built. I can see the flags up there. I've got a, are the flags that I'm

1032
01:41:18,150 --> 01:41:22,970
looking out at my back window? Is that the height of the house that I'm going to be

1033
01:41:22,970 --> 01:41:30,050
looking at. Once these things are built, I've got that as far as drainage. I know there

1034
01:41:30,050 --> 01:41:37,290
was drainage included in the presentation. It seems like that's taken care of because

1035
01:41:37,290 --> 01:41:44,450
I know erosion and dirt moving around in Lafayette tends to be an issue a lot of the time.

1036
01:41:45,090 --> 01:41:56,110
Will there be a fence built between on our property line, between my property line and the other property line, or will it just remain open?

1037
01:41:58,490 --> 01:42:12,410
And then I guess the last thing is the public hearing notice I got, it says the max ridge height was 16 foot 11 inches and I think during the presentation I heard something about 19 feet.

1038
01:42:13,250 --> 01:42:22,250
I just want to kind of clarify or go back to that and see is it 19 feet or is it 16 feet 11 or

1039
01:42:23,910 --> 01:42:28,510
That's all I got other than that. I just want to see yeah, just basic stuff

1040
01:42:28,510 --> 01:42:35,330
I mean, is there gonna be a fence like what's my privacy gonna look like now if I'm gonna have to somebody staring into my back window now

1041
01:42:37,030 --> 01:42:38,310
and yeah, just

1042
01:42:39,470 --> 01:42:41,950
Yeah, just that's all I got basically

1043
01:42:43,490 --> 01:42:45,610
Thank you, Dean. Any questions?

1044
01:42:46,770 --> 01:42:51,090
Hi, Brian. Would you clarify, are you a resident on a

1045
01:42:51,090 --> 01:42:54,310
Diablo Drive or you on Phillips Road?

1046
01:42:54,690 --> 01:42:55,850
I'm on Diablo Drive.

1047
01:43:01,300 --> 01:43:03,920
All right. Thank you. That's sure if it's Brian or Dean.

1048
01:43:04,140 --> 01:43:04,860
But whoever you are.

1049
01:43:04,920 --> 01:43:08,140
Well, Dean's my, Brian's my first name, Dean's my middle name.

1050
01:43:08,260 --> 01:43:08,800
I go by Dean.

1051
01:43:09,320 --> 01:43:09,500
Okay.

1052
01:43:10,680 --> 01:43:12,800
My parents like to keep things confusing.

1053
01:43:14,200 --> 01:43:14,820
Thank you.

1054
01:43:14,820 --> 01:43:16,140
Thank you, Brian Dean.

1055
01:43:16,960 --> 01:43:20,160
All right, we will bring it back, no more questions,

1056
01:43:20,520 --> 01:43:21,860
any more public comments?

1057
01:43:22,480 --> 01:43:23,840
No further public comments.

1058
01:43:24,180 --> 01:43:25,800
All right, so we'll bring it back to the applicant.

1059
01:43:26,360 --> 01:43:29,260
Please, if you could, I think you know what was asked,

1060
01:43:29,480 --> 01:43:31,520
anything you could shed light on would be greatly appreciated.

1061
01:43:31,940 --> 01:43:34,340
You have up to five minutes for your rebuttal.

1062
01:43:34,520 --> 01:43:34,900
Can I have six?

1063
01:43:36,520 --> 01:43:38,460
But yeah, thank you for all the comments.

1064
01:43:38,780 --> 01:43:42,760
I appreciate all of them and empathize with all of the questions.

1065
01:43:43,500 --> 01:43:49,860
I will happily meet you actually met my cousin who looks a lot like me that lives at 3,300.

1066
01:43:50,140 --> 01:43:53,100
So we haven't met, but it's a pleasure to meet you as well.

1067
01:43:53,920 --> 01:43:59,300
A roadway and access easement was actually created in 1939 between five families on the

1068
01:43:59,300 --> 01:44:01,220
lost trumpet and full of properties.

1069
01:44:01,500 --> 01:44:07,420
So when it was broken up, they basically put a roadway access easement so that all of

1070
01:44:07,420 --> 01:44:12,120
the properties when there are 95 acre properties would work together so that there's split drainage,

1071
01:44:12,120 --> 01:44:14,800
to retainage and other sorts of fees.

1072
01:44:15,040 --> 01:44:18,000
It took me about six hours of my own legal research

1073
01:44:18,000 --> 01:44:19,280
to find that agreement myself.

1074
01:44:19,280 --> 01:44:22,400
I'm happy to circulate it so that the different Phillips

1075
01:44:22,400 --> 01:44:24,060
families have access to it as well.

1076
01:44:25,120 --> 01:44:27,120
Second, the easements are secure.

1077
01:44:27,440 --> 01:44:29,900
I sent to staff earlier today because I got a question

1078
01:44:29,900 --> 01:44:31,640
about it from First American Title.

1079
01:44:31,920 --> 01:44:34,960
On my title report, both the color coded easement map

1080
01:44:34,960 --> 01:44:37,540
as well as my easement rights to access the property.

1081
01:44:38,200 --> 01:44:40,940
During diligence, some of the land use attorney as well.

1082
01:44:40,940 --> 01:44:49,800
I did quite a bit of research on this item because the roadway maintenance agreement on Phyllis Road is one of the more confusing things that I've ever seen in my career as well

1083
01:44:49,800 --> 01:44:55,140
So I'll happily Dean meet with you or any other any other Philips owners to go over the matter

1084
01:44:55,140 --> 01:44:59,960
Third, I think a private roadway maintenance agreement on phyllis is a great idea. I am

1085
01:45:00,000 --> 01:45:29,980
For improvement, I don't want to bear the entire cost, which is typically required of me because the financially it becomes infeasible, but I'm happy to be a party at that table. And I'll be willing to work on my part if not more. The variance versus more offsite impact was, I think it was Mr. McLean was the speaker who was speaking about that. I guess you need to ask yourself, first, the findings are made which are most critical and important.

1086
01:45:29,980 --> 01:45:35,520
I don't see any favoritism to me, Jeff Stone, for requiring the variance.

1087
01:45:35,620 --> 01:45:39,840
The variance was a matter of, do you want to see a two-story building there, or a story

1088
01:45:39,840 --> 01:45:43,560
and a half building there, with the square footage that makes sense for, unfortunately,

1089
01:45:44,060 --> 01:45:46,960
the world works in development where it has to be financially feasible.

1090
01:45:47,280 --> 01:45:51,160
So the square footage, to me, is should I put the actual property in the property

1091
01:45:51,160 --> 01:45:56,740
lines and make it 4,500 or 5,500 square feet and two stories, or can I do a better

1092
01:45:56,740 --> 01:46:01,440
job of trying to limit the off-site impacts from all.

1093
01:46:01,620 --> 01:46:05,940
So the question I ask myself, and I think you should ask yourself, is with the variance,

1094
01:46:06,200 --> 01:46:12,260
would you prefer more off-site impacts from the side that actually has visibility to the site,

1095
01:46:12,400 --> 01:46:15,480
or is granting a variance based off of staff's findings adequate?

1096
01:46:16,000 --> 01:46:20,700
I personally think the staff's findings are adequate, and I think that the thoughtfulness of going

1097
01:46:20,700 --> 01:46:26,320
with a one-story building flat roof butterfly, so that the off-site impacts are minimized

1098
01:46:26,320 --> 01:46:27,240
is adequate.

1099
01:46:32,250 --> 01:46:38,510
I also don't see this as a flag pull lot. I don't get that. You're on a single

1100
01:46:38,510 --> 01:46:43,010
roadway that already goes through, so I just disagree with that logic, but it doesn't matter.

1101
01:46:43,890 --> 01:46:49,670
I think it was Dean Farley was the last. Yes, that is the height of the roof that you're looking

1102
01:46:49,670 --> 01:46:55,010
out at the top of the flags. The idea is to keep it and remain open. I'm happy to meet

1103
01:46:55,010 --> 01:47:00,490
you out there and discuss the fancy ideas to keep it open but I'm always open as a developer

1104
01:47:00,490 --> 01:47:05,950
to put landscape screening if you're worried about particular reviews or privacy. I'm happy

1105
01:47:05,950 --> 01:47:11,190
to meet you on site to review it and to really work together so that any of the impacts that

1106
01:47:11,190 --> 01:47:19,010
are created by the new development minimizes the impacts for your existing home and I don't

1107
01:47:19,010 --> 01:47:22,450
don't want anyone staring in your back window and I don't want anyone staring in their

1108
01:47:22,450 --> 01:47:22,970
back window.

1109
01:47:23,150 --> 01:47:24,870
So there's a mutual benefit to that.

1110
01:47:25,290 --> 01:47:31,470
Side with the with offenses to that is once I sell the properties, obviously can't control

1111
01:47:31,470 --> 01:47:34,230
whether or not someone else in the future builds a fence.

1112
01:47:35,100 --> 01:47:38,490
The only other item is matter of conditions of approval.

1113
01:47:39,190 --> 01:47:45,170
I don't believe you can legally speaking put it on a private roadway maintenance or private

1114
01:47:45,170 --> 01:47:51,250
agreement, but as a matter of reputation which I hope I've always come through with mine,

1115
01:47:51,490 --> 01:47:56,230
I will meet with any and all neighbors and hopefully come to a solution that people feel

1116
01:47:56,230 --> 01:47:57,050
is very fair.

1117
01:47:57,810 --> 01:47:59,010
So, thank you very much for everything.

1118
01:48:00,330 --> 01:48:00,850
Okay.

1119
01:48:01,070 --> 01:48:01,470
Any questions?

1120
01:48:02,890 --> 01:48:03,390
All right.

1121
01:48:04,170 --> 01:48:05,050
Commissioner Mason?

1122
01:48:08,070 --> 01:48:08,710
All right.

1123
01:48:10,490 --> 01:48:16,430
So, we will now close public comment and we'll bring it back to the Planning Commission

1124
01:48:16,430 --> 01:48:17,090
and to discuss.

1125
01:48:18,650 --> 01:48:19,450
Thank you.

1126
01:48:20,190 --> 01:48:20,350
Okay.

1127
01:48:22,210 --> 01:48:28,340
First of all, I don't consider a flag lie.

1128
01:48:28,540 --> 01:48:30,860
I think it's the best way to cite those houses.

1129
01:48:31,480 --> 01:48:34,760
I do sympathize with the issues on Phillips Road.

1130
01:48:34,800 --> 01:48:36,440
It's not in good condition.

1131
01:48:37,300 --> 01:48:41,180
I actually live on the lower half of lost trampus road.

1132
01:48:41,780 --> 01:48:43,900
So, you know what we've been through.

1133
01:48:44,880 --> 01:48:45,640
We have flag loss.

1134
01:48:45,640 --> 01:48:50,740
We have a road that's only 12 feet wide in some places, we just repaved it.

1135
01:48:50,860 --> 01:48:58,360
We had to get without a maintenance agreement, we had to get 23 families who to agree.

1136
01:48:58,820 --> 01:49:07,680
We had at one point somebody wanted the only way they would contribute if we had 22 speed bumps in that narrow little place,

1137
01:49:07,760 --> 01:49:11,380
which of course the Amazon trucks would go over at 35 miles an hour.

1138
01:49:11,380 --> 01:49:21,100
And it's one of the, I think only three private roads in Lafayette that's actually a thoroughfare because we don't dead end.

1139
01:49:23,680 --> 01:49:40,520
But, you know, you want to make sure that it has access for fire and life safety and I'm sure you can talk to anybody who lives on that lower half and they can kind of give you some of the tips of negotiating that I think the houses look nice.

1140
01:49:40,520 --> 01:49:44,680
I think they fit with the neighborhood.

1141
01:49:45,040 --> 01:49:47,180
I think there will be an asset to the neighborhood.

1142
01:49:48,200 --> 01:49:51,940
They're appropriately sized for that contingency.

1143
01:49:52,100 --> 01:49:55,200
I'm glad to see they didn't do a little one of these

1144
01:49:55,200 --> 01:49:57,920
McMansions, which we have plenty of them in law yet.

1145
01:49:58,160 --> 01:50:00,640
So I fully support this project.

1146
01:50:02,180 --> 01:50:02,880
Thank you.

1147
01:50:03,960 --> 01:50:05,280
Any other comments?

1148
01:50:07,650 --> 01:50:08,310
I have a cup of water.

1149
01:50:08,670 --> 01:50:08,850
Please.

1150
01:50:10,090 --> 01:50:16,650
I do appreciate the presentation by the applicant, I appreciate the presentation by staff.

1151
01:50:16,990 --> 01:50:24,170
I wish I would have thought Arleigh to ask you earlier, one thing that's helpful because our charge tonight is massive and inciting.

1152
01:50:24,550 --> 01:50:32,670
So while everything else is beautiful, and I would love to live in one of these homes and own them, that's not what we're looking at tonight.

1153
01:50:32,670 --> 01:50:37,770
So I just want the commission to be mindful and the public of what our charge is tonight.

1154
01:50:37,770 --> 01:50:42,890
It's the massing and sighting. So, Arlee, I wish I would have asked you something that's in staff reports.

1155
01:50:43,750 --> 01:50:50,830
Other times when we're looking at massing and sighting is the square footages of homes surrounding.

1156
01:50:51,630 --> 01:51:00,630
From my best estimate looking on Google Earth, it does seem to me that the massing of these homes,

1157
01:51:00,790 --> 01:51:06,650
the square footages of the homes, I should say the square footages seem similar

1158
01:51:06,650 --> 01:51:12,690
to the surrounding area may be slightly bigger than some of the other homes.

1159
01:51:14,570 --> 01:51:19,870
So in the future, I will ask you ahead of time to maybe pull up some of that information.

1160
01:51:20,190 --> 01:51:22,510
It didn't dawn on me until the presentation tonight.

1161
01:51:23,430 --> 01:51:34,070
For the commission, I, for this property, I do think a variance is to the applicant's point.

1162
01:51:34,070 --> 01:51:39,190
I think a variance is the better of the two options.

1163
01:51:39,950 --> 01:51:44,890
You know, versus not granting a variance, I like the siding of this home.

1164
01:51:45,670 --> 01:51:54,490
And I think siding it into the setback from the rear side of the access makes more sense

1165
01:51:54,490 --> 01:51:59,810
because it minimizes the impacts to the surrounding neighbors, the visual impacts.

1166
01:52:01,410 --> 01:52:06,490
I personally can make the findings for the variance, but in terms of the massing and

1167
01:52:06,490 --> 01:52:09,330
citing, I support the project.

1168
01:52:13,310 --> 01:52:13,710
Do you have anything?

1169
01:52:17,220 --> 01:52:22,760
I hadn't really, I'm going through the findings because I like to check everyone that says

1170
01:52:22,760 --> 01:52:24,040
I can support it.

1171
01:52:24,120 --> 01:52:27,800
And so I'm just trying to, and there were actually none that I couldn't check.

1172
01:52:30,020 --> 01:52:39,340
When a part about the flag lot came up, it just got me thinking a little, but I, in hearing the vice chair, I think I'm of similar

1173
01:52:39,340 --> 01:52:47,860
mind because the setbacks, and when we look at relative sizes of houses, it's typically in a neighborhood where a house would look out of

1174
01:52:47,860 --> 01:52:56,720
character. And to me, the beauty of this one is, it's kind of hidden, so I don't think it's, you know, so having, having the

1175
01:52:57,600 --> 01:53:18,340
I struggle to see how the driveway would fit, but I think now I understand what the cut and the foundation lower, it's going to be tucked up so if anything that's going to diminish the value of the house by having a driveway right next to it, but that's for the developer, that's, you know, that's how that that's how it works, you know, I'm sure if the driveway was 100 yards away would be nicer, but that's not the property.

1176
01:53:20,420 --> 01:53:46,660
So I too can make all the findings, I'm glad it's nice when neighbors come out and I really like when neighbors you know if they haven't met they meet here and then they go away and they become good neighbors and you know we never hear from them again because there's no issue so I'm hoping you know that's going to happen here so I'm satisfied and if anyone wants to make a motion I'm ready to make my vote.

1177
01:53:46,660 --> 01:53:47,580
So if

1178
01:53:53,630 --> 01:53:57,130
I could borrow your, my computer, I'd,

1179
01:53:57,250 --> 01:53:57,530
oh yeah,

1180
01:54:10,340 --> 01:54:12,480
it's here, we're getting there, almost there.

1181
01:54:13,240 --> 01:54:13,960
This is a circle.

1182
01:54:19,320 --> 01:54:19,760
Come on.

1183
01:54:20,100 --> 01:54:20,180
Oh.

1184
01:54:22,980 --> 01:54:28,140
Okay, I move that we adopt PC resolution 2024-17,

1185
01:54:28,460 --> 01:54:30,560
approving the project's subject to conditions.

1186
01:54:32,600 --> 01:54:33,500
I apologize.

1187
01:54:34,640 --> 01:54:38,240
Similar to the item before us, the motion written,

1188
01:54:38,240 --> 01:54:47,420
The recommendation written in the staff report did not include find the project exempt from sequel so if you and find the project exempt from sequel

1189
01:54:50,460 --> 01:54:52,760
Second all in favor

1190
01:54:54,060 --> 01:54:56,740
Opposed none motion carries

1191
01:55:08,890 --> 01:55:15,510
Yes, there's a 14 day appeal period because you're taking final action on the setting and massing

1192
01:55:16,090 --> 01:55:30,210
So there's 14 calendar day period where any party can appeal and file the necessary paperwork and the appeal period starts tomorrow.

1193
01:55:31,190 --> 01:55:35,130
So make sure everyone heard that there is a 14 day appeal period, but this has now been approved.

1194
01:55:35,390 --> 01:55:38,930
So with that, we'll move on to the parcel B.

1195
01:55:38,930 --> 01:55:39,950
Thank you.

1196
01:55:40,150 --> 01:55:40,750
Thank you.

1197
01:55:41,030 --> 01:55:41,610
Back to staff.

1198
01:55:45,230 --> 01:55:45,410
Okay.

1199
01:55:45,590 --> 01:55:51,730
So a lot of the information we already shared is redundant or overlap, so I will focus on

1200
01:55:51,730 --> 01:55:59,750
where this parcel differs from parcel A, but I'll point out that this is HDP 1424, also includes

1201
01:55:59,750 --> 01:56:01,030
a grading permit and tree permit.

1202
01:56:01,690 --> 01:56:05,510
The applicant did apply for a variance for this project as well.

1203
01:56:05,770 --> 01:56:10,530
However, staff is recommending denial of the variance, or simply withdrawal of it.

1204
01:56:10,530 --> 01:56:14,850
And we don't believe that it is necessary and instead suggest a shifting of the house.

1205
01:56:15,030 --> 01:56:15,650
So I will get to that.

1206
01:56:16,590 --> 01:56:19,670
And so that's why it's a variance that's not listed here as we look at parcel B.

1207
01:56:21,250 --> 01:56:25,630
Again, the two parcels are in the class two original setback.

1208
01:56:26,110 --> 01:56:31,830
This parcel B is smaller than parcel A, 17,590 square feet of 0.4 acres.

1209
01:56:34,790 --> 01:56:38,110
The footprint of the home is nearly identical.

1210
01:56:38,110 --> 01:56:40,750
the decks on the outside are the only thing that are different.

1211
01:56:41,770 --> 01:56:46,090
The one-story height of the house, in this case, is a little taller.

1212
01:56:46,690 --> 01:56:54,170
It's 19 6 inches to the maximum height, which again is a little bit taller here for the

1213
01:56:54,170 --> 01:57:01,030
top of the ridge, 20 feet 6 inches, and actually, I apologize, the 21 30 seconds is carryover,

1214
01:57:01,150 --> 01:57:02,030
that's not true.

1215
01:57:02,150 --> 01:57:03,310
So 20 feet 6 inches.

1216
01:57:04,430 --> 01:57:10,150
And again, this is a rendering of parcel B, and this is from the southwest corner looking

1217
01:57:10,150 --> 01:57:10,510
northeast.

1218
01:57:10,770 --> 01:57:12,810
So the living room is there with the garage just beyond.

1219
01:57:15,650 --> 01:57:21,190
Very similar sighting and massing, I'll focus on the key differences.

1220
01:57:21,550 --> 01:57:23,970
The driveway here, not an access easement.

1221
01:57:24,230 --> 01:57:30,470
This land would be controlled solely by parcel B. Partially, I would not have any rights or

1222
01:57:30,470 --> 01:57:31,330
access to it.

1223
01:57:31,330 --> 01:57:37,790
So the driveway is fully under control, and you can see at the top or rear, which is the north side,

1224
01:57:38,230 --> 01:57:42,370
that rear setback does cut into the rear of the bedroom,

1225
01:57:42,770 --> 01:57:49,170
massing at the back there, the decks, again, on either side, and the front facing south onto the drive.

1226
01:57:52,710 --> 01:57:57,110
Looking again, this is the left parcel, so crossing through parcel A, which is on the right.

1227
01:57:58,430 --> 01:58:02,590
The site section is, in fact, a different one, it's just very similar looking.

1228
01:58:03,150 --> 01:58:09,510
So, we have, again, the house on Diablo Drive below onto the right, the wooded hillside

1229
01:58:09,510 --> 01:58:13,270
on the north, and then the open hillside on the south, which is the left.

1230
01:58:13,970 --> 01:58:18,550
And, again, you can see in the site section the small step-downs of the three main masses

1231
01:58:18,550 --> 01:58:20,030
of the house going to the north.

1232
01:58:22,610 --> 01:58:29,170
These are renderings, primarily of parcel B. You can see the corner of parcel A in the right

1233
01:58:29,170 --> 01:58:34,850
right side or the upper right corner of both of these, so it's a different perspective.

1234
01:58:35,470 --> 01:58:39,330
We can see the bedroom massing on the right of the lower image here.

1235
01:58:43,690 --> 01:58:49,010
Again, the floor plan is exactly the same, so no difference in the square footage proposed.

1236
01:58:49,770 --> 01:58:53,830
The main difference here, again, that terrace in the upper left corner is not present, and

1237
01:58:53,830 --> 01:58:54,970
the decks are different shapes.

1238
01:58:55,210 --> 01:59:00,890
There's a larger deck on the right side, which is a little more uphill, but they still have

1239
01:59:00,890 --> 01:59:06,930
the two flow through planters, those are the hollow or white boxes of oblongs at the edges of the decks.

1240
01:59:10,400 --> 01:59:14,100
For grading and drainage, again, this is the main difference here.

1241
01:59:14,340 --> 01:59:17,960
This property has a proposed 700 cubic yards of cut.

1242
01:59:18,240 --> 01:59:25,580
This is because the high point of the hill, if you look at the image, you can see the circles getting larger as they go to the left.

1243
01:59:25,820 --> 01:59:31,000
That high point on the right is the peak of the hillside there.

1244
01:59:31,000 --> 01:59:36,860
And so that's really where the grading is coming from, is pushing that south-east corner

1245
01:59:36,860 --> 01:59:39,880
of the house where the garage is further down into the hill.

1246
01:59:40,300 --> 01:59:43,720
And then, of course, the driveway is also crossing near the high point.

1247
01:59:44,180 --> 01:59:47,320
And so that grading to bring it down is where that's coming from.

1248
01:59:47,760 --> 01:59:53,700
In this case, there's no proposed fill, and there's 250 cubic yards within the building footprint,

1249
01:59:53,700 --> 01:59:56,280
which, again, does not count towards the grading permit itself.

1250
01:59:58,260 --> 01:59:59,780
So the drainage.

1251
02:00:00,000 --> 02:00:28,360
That is similar in that it has two collection points there in different sections. So, the upper left or northwest is dissipated in this case across the landscaping. And then on the southeast that's connected directly from the flow through planter and will go to the storm drain. So not distributed across the site or to other properties. And I'll note to mention earlier,

1252
02:00:28,360 --> 02:00:35,140
where the entirety of the proposed driveway is permeable, not impervious surface, and that's how they're keeping those numbers down.

1253
02:00:38,200 --> 02:00:45,620
So as mentioned before, staff does not believe that the findings for the variance proposed on parcel B can be made.

1254
02:00:46,120 --> 02:00:53,700
And this is primarily due to the differences in the sighting as well as the lack of a necessary access easement.

1255
02:00:53,700 --> 02:01:04,300
So, again, the location of the driveway can be in a different place and the access easement does not change how the front setback sits across the parcel.

1256
02:01:04,580 --> 02:01:12,020
So, I've circled three areas to call out. The two bottom ones on the south are showing the difference in slope south of the driveway.

1257
02:01:12,160 --> 02:01:20,380
As I mentioned earlier, parcel A on the right has quite a steep slope to the south below that driveway in fact even requiring a retaining wall along part of it.

1258
02:01:20,380 --> 02:01:37,180
In contrast, parcel B on the left, you can see no topo lines, no steepness below the driveway to the south, and that indicates to me that there's a much flatter surface there, and it could hold the driveway without requiring any kind of large retaining wall.

1259
02:01:38,480 --> 02:01:49,920
We have, I measured it, it's just, let me think, I think it's just below five feet, seven inches of protrusion into the rear setback.

1260
02:01:49,920 --> 02:02:02,060
where that circle is on the top, and approximately I did not have a measurement, but approximately the same size of unpaved area south of the driveway circled on the left side.

1261
02:02:02,400 --> 02:02:17,040
And so the suggestion here is that the entire footprint of both the driveway and the house be shifted that five feet seven inches to get out of the rear setback and move the entire proposal towards that south property line.

1262
02:02:17,040 --> 02:02:27,620
the front property line has no intrusion, it's only the rear, and there's room there for the house to come into that 20-foot front setback or come towards it without coming into it.

1263
02:02:28,240 --> 02:02:41,620
So the slight redesign and shifting of this layout would allow the property to not require a setback, which, again, staff does not believe the findings can be made in this case due to the lack of that access easement.

1264
02:02:43,250 --> 02:02:52,210
Again, SAF has reviewed the project against the general plan zoning regulations and the residential design guidelines and finds it substantially in compliance.

1265
02:02:52,990 --> 02:03:00,530
Again, the current proposal shows it intruding into the rear setback, however, if it's shifted, no variance would be required.

1266
02:03:01,390 --> 02:03:07,130
Findings can be made for the Hillside Development Permit, the exception for development within a class two-bridge line setback,

1267
02:03:07,130 --> 02:03:17,110
the exception for development within a 15-degree declination, and design review as well as design review over 17 feet in height, and finally the grading permit.

1268
02:03:20,100 --> 02:03:27,860
Again, property owners were contacted and postings were placed and there were no public comments received at time of publication.

1269
02:03:29,880 --> 02:03:34,960
With that, staff recommends that the commission find the project exempt from CEQA and adopt

1270
02:03:34,960 --> 02:03:41,000
a commission resolution in 2024-18, approving the application subject to the attached conditions.

1271
02:03:41,740 --> 02:03:42,760
I'm happy to answer any questions.

1272
02:03:46,680 --> 02:03:47,120
Thank you.

1273
02:03:47,820 --> 02:03:49,920
Any clarifying questions for staff?

1274
02:03:50,940 --> 02:03:51,260
Vice Chair.

1275
02:03:52,460 --> 02:03:52,900
Thank you.

1276
02:03:53,660 --> 02:04:00,160
The one question I do have is for the, can you please go back to the image with the red boxes

1277
02:04:00,160 --> 02:04:09,260
for shifting. I guess one, have you talked, is the applicant aware of that option? And then two,

1278
02:04:09,480 --> 02:04:15,700
is there any type of preliminary geotech that has been done that would, because we see it just

1279
02:04:15,700 --> 02:04:24,200
cuts off right there. So what's beyond that, so down on the screen, and would it have any impacts

1280
02:04:24,860 --> 02:04:30,260
is that even feasible basically to move the driveway there and to shift the house?

1281
02:04:30,540 --> 02:04:34,940
So, either a question for you or for the applicant when appropriate?

1282
02:04:35,520 --> 02:04:38,600
I can't speak to the feasibility from a geotechnical standpoint.

1283
02:04:39,000 --> 02:04:45,100
I don't know how much of a buffer the analysis is given.

1284
02:04:45,280 --> 02:04:49,460
Typically a geotech report looks at preliminary plans and analyzes the proposal.

1285
02:04:49,900 --> 02:04:52,760
In this case, they suggested a certain kind of foundation type.

1286
02:04:53,460 --> 02:05:00,960
My understanding from looking at it in Google Earth is that the, again, the slope is much

1287
02:05:00,960 --> 02:05:03,340
gentler on that west side.

1288
02:05:03,780 --> 02:05:05,720
It does slope downwards, for sure.

1289
02:05:06,580 --> 02:05:12,800
This steepness is mostly constrained to the right or east side, but there could potentially

1290
02:05:12,800 --> 02:05:14,320
be impacts that would need to be analyzed.

1291
02:05:14,620 --> 02:05:20,440
And if that's something that you're concerned about, you could provide a condition that allows

1292
02:05:20,440 --> 02:05:26,480
for leeway in that case, or maybe it returns if the deotech does not support that recommendation.

1293
02:05:27,380 --> 02:05:33,880
Okay, thanks. And then my other question which also might be for the applicant's team is

1294
02:05:36,900 --> 02:05:45,780
for fire access, excuse me, would there be any issue with the driveway kind of jogging?

1295
02:05:48,720 --> 02:05:51,040
I would want fire to speak to that.

1296
02:05:51,440 --> 02:05:56,860
My understanding is that their requirements are, they have a maximum amount of distance

1297
02:05:56,860 --> 02:05:57,840
that they will back up.

1298
02:05:58,720 --> 02:06:04,740
And so if there was that jog, they would need to look at it, make sure they were okay with

1299
02:06:04,740 --> 02:06:04,900
it.

1300
02:06:05,020 --> 02:06:10,040
It's possible that they would need to smooth the jog that's already present on the south

1301
02:06:10,040 --> 02:06:13,380
end of the driveway, and they need to be some redesign.

1302
02:06:13,380 --> 02:06:19,040
It doesn't jump out to me as something that wouldn't work, but there might be some redesign required.

1303
02:06:19,680 --> 02:06:20,260
Okay, thanks.

1304
02:06:20,760 --> 02:06:27,020
So when we come back, my concern would be that if we, that we leave enough potential,

1305
02:06:27,680 --> 02:06:36,500
but for in whatever our recommendation is in case, let's just say we make staff's recommendations for shifting.

1306
02:06:37,560 --> 02:06:43,020
If those don't actually end up being feasible, that's why I was getting that in my question.

1307
02:06:43,020 --> 02:06:45,160
So I'm going to talk about one to where I get the commission.

1308
02:06:45,640 --> 02:06:46,080
Okay.

1309
02:06:46,540 --> 02:06:46,840
Thanks.

1310
02:06:47,380 --> 02:06:48,140
Mr. Mason?

1311
02:06:49,180 --> 02:06:49,820
Yes.

1312
02:06:50,080 --> 02:06:58,000
To follow up on an earlier comment, in addition to, so to follow up on an earlier

1313
02:06:58,000 --> 02:07:03,500
comment, in addition to neighboring house sizes, we're also sighting messy.

1314
02:07:04,340 --> 02:07:08,820
Used to seeing sight line distances to the nearest neighbors.

1315
02:07:08,820 --> 02:07:11,840
And I think this house here is a good example.

1316
02:07:12,020 --> 02:07:16,700
Back to back house, five feet out of the rear yard setback is a big deal.

1317
02:07:17,260 --> 02:07:23,860
Here it's probably a hundred feet or so to the nearest neighbor in heavy tree cover.

1318
02:07:24,040 --> 02:07:33,260
So I'm not so sure that five feet would make as much of a difference here.

1319
02:07:34,160 --> 02:07:44,360
because the people below aren't going to be able to see the house regardless of, you know, whether it's within the setback or not within the setback.

1320
02:07:45,240 --> 02:07:57,820
And so looking at it like that there, I'm not, I don't have as much concern about that as staff, but you know, a little bit more information would help us make a more informed consent.

1321
02:08:01,060 --> 02:08:05,180
I apologize, this was provided by the applicant and not included in my staff report so that

1322
02:08:05,180 --> 02:08:05,840
was my oversight.

1323
02:08:06,220 --> 02:08:07,960
But it's in the packet, yeah.

1324
02:08:08,400 --> 02:08:15,780
It's in the packet and I did use the linear feet measurements as descriptions of how

1325
02:08:15,780 --> 02:08:18,240
far away neighboring buildings were.

1326
02:08:18,520 --> 02:08:21,300
So that's the one for A. There's probably another one for B.

1327
02:08:21,460 --> 02:08:22,020
Yes, you're right.

1328
02:08:23,460 --> 02:08:26,260
If you don't mind just pulling it up, I think it's helpful.

1329
02:08:26,260 --> 02:08:31,460
No, give me a moment, it's hard to find my mouse when I'm spread across two screens.

1330
02:09:20,650 --> 02:09:31,230
So we've got 232 feet from the southeast corner, downslope to 3295 Phillips road in the bottom right corner.

1331
02:09:32,070 --> 02:09:41,570
That's most likely the most visible line of sight for parcel B, mostly because parcel A

1332
02:09:41,570 --> 02:09:50,770
They blocked the line of sight to 3,300, but as mentioned before, one of the owners of this project owns that property as well.

1333
02:09:51,470 --> 02:09:55,510
And there are some trees that come onto the east side of Parcelay that block it.

1334
02:09:56,470 --> 02:10:08,830
The homes below on Diabla Drive aren't completely blocked, but there is good for a station there, so it would be some peak of views through the trees.

1335
02:10:08,830 --> 02:10:20,710
When standing on the site, I could definitely see down to the properties, but again nicely broken up and blocked by a lot of the trees and the houses to the left.

1336
02:10:21,490 --> 02:10:23,830
Sorry, I forget what that street is.

1337
02:10:25,870 --> 02:10:27,730
Something view circle apologies.

1338
02:10:28,510 --> 02:10:36,950
Those are a little bit actually uphill of the proposed properties or the proceeds and don't have any view windows to them.

1339
02:10:36,950 --> 02:10:37,590
All

1340
02:10:42,390 --> 02:10:58,810
right, so I guess we will hand over to the applicant now if you would like to and I think, you know, given that it's very similar, I would just, unless you want to, let's just focus on this issue, but if you want to talk about anything else, by all means.

1341
02:10:59,830 --> 02:11:15,810
It's nice to meet you guys, I do think I want to at least bring up, I want to read an email because unfortunately it didn't get to the staff prior to 12 o'clock cut off from Dan Fishbein.

1342
02:11:15,810 --> 02:11:18,890
And he owns the property below the property if it moved the five feet.

1343
02:11:19,190 --> 02:11:28,430
I met with him and the property at 32.95, Phillips, Saturday, to just walk the site and

1344
02:11:28,430 --> 02:11:32,870
understand how the house is, because they're the ones most impacted by the side.

1345
02:11:33,770 --> 02:11:36,410
Dear Arlie, thank you for your time on the phone this afternoon.

1346
02:11:36,790 --> 02:11:40,070
As I mentioned, I'm the property owner of 888 Santa Maria Way.

1347
02:11:40,210 --> 02:11:44,290
Lafayette, the vacant parcel located directly to the south of the proposed project.

1348
02:11:44,290 --> 02:11:52,530
I'm very concerned that the two homes being contemplated for construction on the ridge line will be visible for my property below as well as for my neighbor's properties.

1349
02:11:52,830 --> 02:11:59,370
I met with Jeff Stone over the weekend and I urged the planning commission to approve the developer's plans as proposed for tonight's hearings.

1350
02:11:59,710 --> 02:12:04,610
I strongly protest any plan to move the structure five feet closer to my property to the south.

1351
02:12:04,950 --> 02:12:07,770
I'm in the South Bay today, but we'll do my best to be at tonight's hearing.

1352
02:12:07,770 --> 02:12:10,290
If I'm unable to attend, please feel free to call me.

1353
02:12:10,790 --> 02:12:14,210
I won't say his number on the public hearing.

1354
02:12:14,570 --> 02:12:18,030
If you or any other members of the Planning Commission have questions or further input

1355
02:12:18,030 --> 02:12:20,030
of needed kind regards, stand, fish bond.

1356
02:12:21,090 --> 02:12:27,610
I read that, again, we don't need to spend the time going through the application.

1357
02:12:27,930 --> 02:12:29,670
First, I appreciate all the comments.

1358
02:12:30,370 --> 02:12:37,410
The issue for us first fire, there might be an issue there because you have to have 150 feet.

1359
02:12:37,410 --> 02:12:43,030
I think it's 150 feet back up prior to the turnaround, which I located between the other two parcels.

1360
02:12:43,550 --> 02:12:46,470
An offset is can be an issue.

1361
02:12:46,690 --> 02:12:51,570
So I do need to find out from conscious cost of fire protection district whether or not there is a problem.

1362
02:12:52,070 --> 02:12:58,790
The other thing, if you can bring up the site plan, please, Arlee, the reason why I wanted to hold it side is two points.

1363
02:12:58,790 --> 02:13:07,390
First, from 32.95 as well as from Dan Fish Mine's property, which as well as the valley looking back,

1364
02:13:07,630 --> 02:13:12,390
as you know, I built Lucas Ranch, that's really where these properties are visible from,

1365
02:13:12,850 --> 02:13:20,390
and my goal was, is landscape plans were provided, is to provide some landscaping between the property line

1366
02:13:20,390 --> 02:13:25,510
and the roadway to also minimize some of the impact. So to the left side of the driveway,

1367
02:13:25,510 --> 02:13:32,450
way we left it open with a planting plan with some trees, and frankly, I want to, and it's

1368
02:13:32,450 --> 02:13:35,470
only to be seen with a geotechnical to answer the other question.

1369
02:13:36,470 --> 02:13:42,050
Rockridge builders did a full geotechnical evaluation on the property, so I don't think there's

1370
02:13:42,050 --> 02:13:44,530
probably a geotechnical issue of moving it.

1371
02:13:44,570 --> 02:13:49,710
I would obviously have to get into the structural and geotechnical engineering, but by providing

1372
02:13:49,710 --> 02:13:56,370
that sliver of space, it does two things. First, it provides a buffer between the property

1373
02:13:56,370 --> 02:14:01,350
line second. It gives me an opportunity to screen the wall, as well as provide a little

1374
02:14:01,350 --> 02:14:07,010
bit of vertical and vertical from the properties down below. And the reason I would tell you

1375
02:14:07,010 --> 02:14:12,590
that it's important is, from the visual context of looking down to up, a four foot to five

1376
02:14:12,590 --> 02:14:17,330
foot tree looks much larger than it actually is, because you're looking from the context

1377
02:14:17,330 --> 02:14:22,550
of a valley looking up and through, which has a higher ability to disguise some of the

1378
02:14:22,550 --> 02:14:23,450
side in a massing.

1379
02:14:23,730 --> 02:14:28,570
So, I'm, I'm, unfortunately, I don't have my variance findings in front of me now.

1380
02:14:28,650 --> 02:14:31,690
I'm going to reserve that for rebuttal just so I can go through it.

1381
02:14:31,810 --> 02:14:33,390
I appreciate staff's comments.

1382
02:14:34,050 --> 02:14:40,030
I understand at the end of the day if it is a matter of shifting the home five feet and

1383
02:14:40,030 --> 02:14:46,330
figuring out how to make that work while also addressing Dan Fishvine's concerns.

1384
02:14:46,330 --> 02:14:52,210
concerns. I think there's always ways to try to make something work. I think the plan

1385
02:14:52,610 --> 02:14:57,590
works as drawn. It has gone to Contra Costa Fire Protection District already. They did

1386
02:14:57,590 --> 02:14:59,810
approve the turnaround as drawn.

1387
02:15:00,000 --> 02:15:29,740
I still have to provide development applications, et cetera, but I would caution the more that I do push it to that area. It limits my ability to take the hardscape and turn it back into vertical landscape, which from a standpoint of planning commission, speaking to citing a massing, citing a massing is also about disguising and disguising is completed through vertical landscaping, which I think we could complete as drawn. If we keep pushing that roadway over

1388
02:15:29,740 --> 02:15:36,160
My root structure as well as my ability to mitigate any of the offside impacts from below in that valley are mitigated

1389
02:15:36,160 --> 02:15:42,060
So thank you for for your questions or for my presentation. Happy to answer your questions. All

1390
02:15:44,750 --> 02:15:45,380
right. Thank you

1391
02:15:47,840 --> 02:15:51,090
Now we'll open it for public comment. We have any

1392
02:15:51,990 --> 02:15:53,310
Here online

1393
02:15:55,220 --> 02:16:01,360
Seeing no commenters in the room. So now turning to our attendees

1394
02:16:01,360 --> 02:16:13,130
He's online and if you'll see no hands raised in the online audience.

1395
02:16:13,650 --> 02:16:17,750
All right, we will now close the item for public comment.

1396
02:16:17,870 --> 02:16:19,770
Bring it back to the planning commission to deliberate.

1397
02:16:22,780 --> 02:16:23,260
Are you sure?

1398
02:16:23,540 --> 02:16:29,760
I actually prefer the house cited the way it is.

1399
02:16:29,760 --> 02:16:42,760
It's out the back and extra 3% setback isn't going to mention amount to much for the downhill neighbors.

1400
02:16:43,180 --> 02:16:53,640
The only person that are going to be impacted by the view or the people across the front, across the driveway, and anything we can do to

1401
02:16:53,640 --> 02:17:07,960
to shade that with landscaping, trees shrubs, I think, would benefit that especially since most of the tight, it's covered with oaks.

1402
02:17:08,160 --> 02:17:13,600
Oaks grow very slowly, so any slow growth tree isn't going to grow very fast.

1403
02:17:13,600 --> 02:17:19,120
And I think that would give it a better project.

1404
02:17:19,120 --> 02:17:25,280
I also was worried about the kink in the driveway with the fire.

1405
02:17:26,320 --> 02:17:33,520
So I am fine with the way it is if the Russes members feel it, you know, it should be shifted.

1406
02:17:33,760 --> 02:17:36,460
I'd support that also, but I prefer the way it is.

1407
02:17:38,990 --> 02:17:39,330
Thank you.

1408
02:17:41,610 --> 02:17:48,130
I just wanted to say I appreciated the details and the designs that were shown to us.

1409
02:17:49,710 --> 02:17:55,390
I had noticed that the driveway ended right in line with the entrance and I was curious

1410
02:17:55,390 --> 02:17:57,070
about why it was designed that way.

1411
02:17:57,450 --> 02:18:03,150
It's not me part of what our purview is, and I understand from your comments that it's because

1412
02:18:03,150 --> 02:18:07,890
you're placing trees and bushes in the front and I think that's really great in terms

1413
02:18:07,890 --> 02:18:13,450
of hiding the front of the house from the potential neighbors to the south.

1414
02:18:13,730 --> 02:18:15,390
So I appreciate your comments,

1415
02:18:18,840 --> 02:18:19,700
Vice Chair.

1416
02:18:21,220 --> 02:18:25,240
So again, I think we need to be able to make the findings for a variance.

1417
02:18:25,900 --> 02:18:31,920
So I think that's something that the Planning Commission should maybe just talk through

1418
02:18:31,920 --> 02:18:38,180
quickly, not that we have to go finding by finding, but just something for us to keep in mind.

1419
02:18:39,920 --> 02:18:55,280
because I do agree with Commissioner Mason that I don't have a problem with where it is currently being proposed to be cited, but I think we should be mindful of what the findings are that we need to make if we want to run through those quickly.

1420
02:18:56,240 --> 02:19:05,380
Yeah, yeah, I think it's in the findings, I was looking at those right now and it's section 3A, the very first one.

1421
02:19:05,400 --> 02:19:14,460
Develop is consistent with the application, applicable goals and policies of the general plan, and it's in form, and is in conformance with applicable zoning regulation.

1422
02:19:15,940 --> 02:19:24,160
And I want to reiterate that I like how it is, but I also want it to see what we prescribe.

1423
02:19:24,160 --> 02:19:34,740
And parcel A, when we reviewed it, and understood that an access easement didn't require that, it answered that question, so it fit what we prescribed.

1424
02:19:35,160 --> 02:19:40,820
So we said, okay, here it doesn't, so there are other ways to do it, the house could be designed differently.

1425
02:19:41,140 --> 02:19:46,200
I mean, you could keep the square footage, and I'm not suggesting any of this, but there are many ways to skin this.

1426
02:19:46,620 --> 02:19:52,500
And the one thing I would like to see sitting up here is that it conforms with what's required.

1427
02:19:52,500 --> 02:19:55,080
and it doesn't as shown right now.

1428
02:19:55,240 --> 02:19:56,520
So that's kind of where I am on it.

1429
02:19:56,660 --> 02:19:57,720
So I'll share that with you guys.

1430
02:19:58,240 --> 02:20:00,100
But please, anyone else?

1431
02:20:00,900 --> 02:20:03,620
I mean, you said, but specifically to the,

1432
02:20:03,980 --> 02:20:05,980
yeah, first of all, let me say for,

1433
02:20:06,080 --> 02:20:08,380
I did go through the geotechnical port

1434
02:20:08,380 --> 02:20:10,360
as part and parcel of what I do.

1435
02:20:10,860 --> 02:20:13,740
There's no geotechnical reason why you couldn't

1436
02:20:15,620 --> 02:20:16,900
shift the driveway.

1437
02:20:18,120 --> 02:20:20,080
I live just down the hill from that.

1438
02:20:20,080 --> 02:20:30,060
the soil is lousy there, but it's on the ridge, it's going to have the 24 inch diameter

1439
02:20:30,060 --> 02:20:34,360
caselines drilled into bedrock, you know, it's not going anywhere.

1440
02:20:37,380 --> 02:20:39,940
I did look at the same

1441
02:20:39,940 --> 02:20:51,440
conditions it's you know I have no trouble with it because rules and reg I seem to be dealt

1442
02:20:51,440 --> 02:20:57,940
with the worst case scenario if you were to say that hey you know there's houses of the concern

1443
02:20:57,940 --> 02:21:05,420
of 242 feet away and you know we have to follow the rules and make sure it's 247 feet away you know

1444
02:21:05,420 --> 02:21:09,680
The end result, it's not going to matter that much.

1445
02:21:09,940 --> 02:21:17,780
The only ones that are close are the front downhill, but that's more from parcel A and parcel B.

1446
02:21:19,640 --> 02:21:33,000
So, I have no trouble going against granting the variance, I guess that, but

1447
02:21:33,000 --> 02:21:35,980
But that's just my personal feelings.

1448
02:21:37,000 --> 02:21:42,260
We do get concerned with views looking down,

1449
02:21:42,520 --> 02:21:45,900
Lord, I think you use the term once Lord of the Manor House.

1450
02:21:46,120 --> 02:21:47,560
And this isn't one of them.

1451
02:21:49,600 --> 02:21:51,860
So anyway, that's my thoughts on the matter.

1452
02:21:53,340 --> 02:21:56,780
Just for me, I think I would like us to keep in mind, too,

1453
02:21:56,940 --> 02:22:01,440
the thought of special privileges, because I don't want to be accused and

1454
02:22:01,440 --> 02:22:06,840
no one is, but we heard from an earlier caller who may or may not so be on, you know.

1455
02:22:07,420 --> 02:22:11,860
So I want to be able, whatever we decide, that if someone later says, well, you did it

1456
02:22:11,860 --> 02:22:13,420
there, why can't you do it here?

1457
02:22:14,400 --> 02:22:19,060
And because there are other alternatives here, it's not, sometimes we end up doing it because

1458
02:22:19,060 --> 02:22:23,340
there are no other alternatives and it's not, you know, you have to allow someone to have

1459
02:22:23,340 --> 02:22:25,600
economic viability to develop a lot.

1460
02:22:26,460 --> 02:22:30,940
I'm not trying to persuade, I just want to make sure we can all sit here and say if we go

1461
02:22:30,940 --> 02:22:35,900
that way that no, it's not that, and with the next time someone asks us, so just make sure

1462
02:22:35,900 --> 02:22:44,440
we're all prepared to answer that because that's what we're here for, so I'll be quiet, but other

1463
02:22:44,440 --> 02:22:45,040
people, please.

1464
02:22:48,820 --> 02:22:53,940
I think I do understand what everyone in the commission is saying.

1465
02:22:55,600 --> 02:23:01,560
I do think though that shifting the location of the house towards the south,

1466
02:23:01,560 --> 02:23:13,180
to reduce the impact, or to reduce the portion of the house that would be in the rear setback.

1467
02:23:13,320 --> 02:23:24,860
I think it creates an impact to a neighbor that's at a greater impact than where it's currently being proposed.

1468
02:23:29,470 --> 02:23:30,640
That's what I'm struggling with.

1469
02:23:31,180 --> 02:23:36,440
Okay, and I don't disagree, but devil's advocate, there are other ways to solve this.

1470
02:23:36,880 --> 02:23:41,300
You don't have to shift the road, you just don't build over that line.

1471
02:23:41,900 --> 02:23:43,980
Now, there's reasons why you want to do that.

1472
02:23:44,040 --> 02:23:47,320
You have two designs that, you know, it's much easier, I do CDs.

1473
02:23:48,160 --> 02:23:53,140
I'm not exactly positive, but I think they're almost identical, so you could do one set of CDs.

1474
02:23:53,180 --> 02:23:53,880
You save money.

1475
02:23:54,500 --> 02:23:56,920
But that's a special privilege, you know?

1476
02:23:58,360 --> 02:23:59,320
That's potentially.

1477
02:23:59,320 --> 02:24:06,120
There are other ways to say, there are other ways to do this without adjusting the driveway

1478
02:24:06,120 --> 02:24:12,440
south. Just don't build over that line. Design it, definitely. Stay within the boundary.

1479
02:24:13,100 --> 02:24:20,540
So while I agree with what you're saying, it could satisfy that and still stay within the line.

1480
02:24:20,760 --> 02:24:24,750
So one last thing, then, all set up.

1481
02:24:26,250 --> 02:24:45,630
I also think, well, since the ADU state passed the ADU ordinance, to me, it seems a little bit hypocritical when we're arguing about five feet into the setback when they can put an ADU four feet from the rear property line, just administratively and nobody's going to do anything.

1482
02:24:45,630 --> 02:24:55,490
So, they're not, the states are not taking our setbacks seriously and, you know, walking

1483
02:24:55,490 --> 02:24:59,790
up there, the only one that is the neighborhood I was concerned with was one is the original

1484
02:24:59,790 --> 02:25:07,410
property owner, but, you know, hey, they're the ones here, and the downhill neighbor.

1485
02:25:07,990 --> 02:25:12,550
But you know, it's, we have our own opinions on it.

1486
02:25:12,550 --> 02:25:16,530
I don't think it makes that big of a difference one way or the other.

1487
02:25:17,070 --> 02:25:25,950
I think you can still do it either way, and I guess that whatever the council decides,

1488
02:25:26,410 --> 02:25:31,210
I'd like to get as much planning to protect the downhill neighborhood as possible.

1489
02:25:34,940 --> 02:25:42,160
So this is going to be planning commission and then DRC for the, for the follow on.

1490
02:25:42,640 --> 02:25:46,720
So, when you met the Planning Commission, when you were saying that, or did you mean City Council?

1491
02:25:47,360 --> 02:25:50,160
What, meaning what, when you said I'll let the Council decide?

1492
02:25:50,300 --> 02:25:51,660
No, I met Planning Commission.

1493
02:25:51,940 --> 02:25:52,560
Okay, gotcha, gotcha.

1494
02:25:52,800 --> 02:26:04,180
I mean, yeah, I mean, we could vote on it, and I do understand that, and I'm not generally a stickler on little arbitrary things,

1495
02:26:04,180 --> 02:26:20,260
but I just don't, because there are other ways to do this without, without moving the house, there are other ways to solve this, and your idea about an ADU is an interesting one, but that's increasing to the housing supply.

1496
02:26:20,460 --> 02:26:30,300
So that has a net benefit, I wouldn't say this is increasing the housing supply by button house, but you could also put a house and still stay with the boundary.

1497
02:26:30,300 --> 02:26:32,980
So, that's where I am.

1498
02:26:33,280 --> 02:26:34,460
So, I've said it.

1499
02:26:35,080 --> 02:26:35,920
Everyone's spoken.

1500
02:26:36,080 --> 02:26:37,320
If you want to speak, speak otherwise.

1501
02:26:37,460 --> 02:26:40,480
Let's make a motion and we'll go see what's your spot.

1502
02:26:44,110 --> 02:26:45,570
Well, can, would staff.

1503
02:26:46,430 --> 02:26:53,090
So, can staff please pull up the recommendation for tonight on the screen?

1504
02:26:58,160 --> 02:27:01,800
It's to adopt the resolution and find the project exam from Sequa.

1505
02:27:02,340 --> 02:27:04,440
But I just want to be clear on what we are.

1506
02:27:10,780 --> 02:27:17,060
So the resolution as attached to the staff report does not include any findings for a variance.

1507
02:27:19,530 --> 02:27:23,410
And so no variance would be approved if this resolution were approved.

1508
02:27:23,650 --> 02:27:37,270
If the commission wanted to approve a variance, we would need to continue the item and I could return with a modified resolution that included the findings for the variance.

1509
02:27:37,910 --> 02:27:43,410
that could be simply placed on the consent calendar if the commission felt ready to approve that.

1510
02:27:44,270 --> 02:27:48,550
Does that mean without the variance, if we approved it as written as recommended,

1511
02:27:48,830 --> 02:27:54,510
then the massing, even though it goes over the line, how would that practically work?

1512
02:27:54,610 --> 02:28:00,690
Then it's citing and massing, so the sighting's showing it going over the line, but they don't have a variance.

1513
02:28:00,690 --> 02:28:16,090
So I would suggest if the goal is to approve the resolution as attached with no variance that an additional condition be added requiring that the phase two plans reflect that and I actually, I have to double check, I believe it's actually there.

1514
02:28:16,090 --> 02:28:26,190
In that way, the time between now and the middle of the HTTP phase two, which goes to

1515
02:28:26,190 --> 02:28:30,630
DRC, would be time for the applicant to confirm that it works.

1516
02:28:31,310 --> 02:28:36,950
Now if it doesn't work, we could modify the condition to say that it can come back.

1517
02:28:37,010 --> 02:28:39,850
There's other ways to handle it.

1518
02:28:40,230 --> 02:28:44,370
It could be a modified phase one, something like that.

1519
02:28:46,270 --> 02:28:54,090
Or if you wanted to, you could continue it to a date uncertain and just allow the applicant

1520
02:28:54,090 --> 02:28:59,230
to research if this is possible from a fire and geotechnical standpoint.

1521
02:29:06,680 --> 02:29:08,560
Well, let's just do a straw poll.

1522
02:29:08,820 --> 02:29:13,740
Well, this is the question of either commissioners or staff.

1523
02:29:13,740 --> 02:29:23,080
The, on the, on this portion of the driveway, it's much wider than right in front of the law A.

1524
02:29:23,600 --> 02:29:30,460
And so is that, you know, conceivably you could just shrink, you could move the house over and

1525
02:29:30,460 --> 02:29:32,600
just shrink the driveway, isn't that correct?

1526
02:29:33,100 --> 02:29:38,020
I don't have the exact measurements for turnaround, but that is what it appears to.

1527
02:29:38,020 --> 02:29:44,040
If, if parcel A can back out as a kind of three point turn and be facing to the right and exit,

1528
02:29:44,420 --> 02:29:49,000
then it seems that the same amount of space would be necessary to do the same movement on part of the.

1529
02:29:50,420 --> 02:29:51,240
That's good point.

1530
02:29:51,860 --> 02:29:59,980
Well, one of my concerns was, you're now to make a transition since the-

1531
02:30:00,000 --> 02:30:26,240
As defined, everything with a property line over on parcel B is a driveway. If there needs to be a transition, we are now transitioning on parcel A. Now push into the retaining wall and then downhill slope because you're not going to be able to go like this. You're going to have to have some sort of. That's if we have a job. That's if you have a job. Correct. But if to what?

1532
02:30:26,240 --> 02:30:34,120
but Councilman George was saying just basically make it the same with all the way through, I think that's what you're saying.

1533
02:30:34,880 --> 02:30:35,700
That's the same question.

1534
02:30:40,120 --> 02:30:43,260
I don't necessarily, oh because you don't think that's long enough?

1535
02:30:44,260 --> 02:30:49,020
Well, it would go through A, and then the...

1536
02:30:49,020 --> 02:30:50,840
I don't think this made the street cut off that.

1537
02:30:50,960 --> 02:30:51,920
See how it jogs down?

1538
02:30:52,100 --> 02:30:53,260
The red box on the lower left?

1539
02:30:53,420 --> 02:30:54,500
That just went straight across?

1540
02:30:54,500 --> 02:31:24,020
No, but the idea would be, I heard that as you would keep that shift the house down towards it and out of the, because we're looking at the setback up on the top, but we also don't know what those footages are and if, like, I don't know how to say it, but how far, I guess, the staff, how far currently is the rear, which is the north?

1541
02:31:24,020 --> 02:31:28,160
into the setback. Five feet seven inches. Five feet seven inches.

1542
02:31:28,180 --> 02:31:30,080
I'm rounding slightly but it's pretty close to that.

1543
02:31:30,320 --> 02:31:37,740
Okay. So do we even know that five feet seven inches can be

1544
02:31:38,820 --> 02:31:45,820
accommodated to the on within the driveway jog to even get it out

1545
02:31:45,820 --> 02:31:51,200
because if we're denying a variance it's in my mind you're if you're

1546
02:31:51,200 --> 02:31:59,620
If you're denying it at five feet seven inches or seven inches, you're still needing a variant, like if you're in the setback, you're in the setback.

1547
02:32:00,200 --> 02:32:02,400
So I don't know, is it appropriate?

1548
02:32:02,720 --> 02:32:18,780
I know we've closed the back and forth with the applicant, is it appropriate to get clarification from the applicant at this point if that's even an option, like if there's enough room to shift the house south.

1549
02:32:20,100 --> 02:32:21,700
5 feet, 7 inches?

1550
02:32:24,260 --> 02:32:31,460
In just looking at the diagram that's on screen, there is more than 5 foot, 7 inches

1551
02:32:32,200 --> 02:32:37,920
between the south face of building and the setback line, so it could certainly be shifted.

1552
02:32:38,620 --> 02:32:49,080
If the question is, could the driveway be narrowed, I think we've seen affirmative head nod

1553
02:32:49,080 --> 02:32:58,540
not from the developer indicating, yes, that could be narrowed, a shift of 5 feet, I don't

1554
02:32:58,540 --> 02:33:06,360
believe would be problematic for the fire district apparatus to accommodate, provided that

1555
02:33:06,360 --> 02:33:13,440
the radii is gentle enough, which seems perfectly feasible here.

1556
02:33:13,440 --> 02:33:24,340
The stricter adherence is on the eastern parcel and with respect to the hammerhead to turn around.

1557
02:33:25,760 --> 02:33:42,640
So I'm not seeing anything that would make it infeasible to shift or design around through another modification.

1558
02:33:43,840 --> 02:33:52,720
Okay. That makes sense. I can add, I did just learn from the applicant that they are hoping for an approval tonight if at all possible, as opposed to a continuance.

1559
02:33:53,560 --> 02:34:01,440
Okay. For me, that's helpful hearing staff's explanation. I'm happy to make.

1560
02:34:03,300 --> 02:34:11,480
I guess what I can, what I will throw out there is, with the understanding that, yes,

1561
02:34:11,480 --> 02:34:16,860
Yes, the applicant cited the house where they did, that was their original preference.

1562
02:34:17,520 --> 02:34:24,880
But it sounds like the applicant can or is willing is open to shifting the house

1563
02:34:25,820 --> 02:34:32,280
generally towards the south, to move it out of the rear setback.

1564
02:34:33,020 --> 02:34:40,320
I then would be happy to make a motion to approve staff's recommendation and

1565
02:34:40,320 --> 02:34:45,000
and find the project exempt from CEQA as well.

1566
02:34:46,180 --> 02:34:47,200
With no variance.

1567
02:34:47,920 --> 02:34:49,960
Correct, because staff's recommendation

1568
02:34:50,480 --> 02:34:53,000
does not include approval of our variance.

1569
02:34:54,240 --> 02:34:57,140
And then the project would also be subject to conditions.

1570
02:34:58,120 --> 02:35:00,300
Basically I can make staff's recommendation

1571
02:35:00,780 --> 02:35:02,580
and I'm happy to make a motion if we want to.

1572
02:35:03,080 --> 02:35:04,840
I would love to hear that motion.

1573
02:35:05,820 --> 02:35:07,140
So we'll die, go ahead, Anna.

1574
02:35:07,140 --> 02:35:12,800
Okay, I recommend that we adopt PC resolution 2024-18,

1575
02:35:13,320 --> 02:35:17,860
approving the project's subject to conditions and finding the project exempt from CEQA.

1576
02:35:19,120 --> 02:35:19,720
Second.

1577
02:35:20,860 --> 02:35:21,320
All in favor?

1578
02:35:21,700 --> 02:35:22,020
Aye.

1579
02:35:22,740 --> 02:35:23,120
All opposed?

1580
02:35:24,000 --> 02:35:24,240
None.

1581
02:35:26,580 --> 02:35:29,160
So 14-day appeal period, right?

1582
02:35:29,360 --> 02:35:29,740
Same thing.

1583
02:35:30,180 --> 02:35:30,380
Correct.

1584
02:35:30,980 --> 02:35:33,220
Motion approved with a 14-day appeal period.

1585
02:35:33,760 --> 02:35:36,400
Thank you all for being here, President.

1586
02:35:37,320 --> 02:35:40,060
With that, we will move on to our next item,

1587
02:35:43,460 --> 02:35:46,380
which is other business.

1588
02:35:50,130 --> 02:35:51,030
Can I ask a question?

1589
02:35:51,210 --> 02:35:56,190
I think it's other business, or maybe it's afterwards, I'll do it afterwards, I don't

1590
02:35:56,190 --> 02:35:56,290
want to.

1591
02:35:57,150 --> 02:35:57,930
Commissioners report?

1592
02:36:00,110 --> 02:36:00,630
Anything?

1593
02:36:01,170 --> 02:36:01,830
Commissioners report?

1594
02:36:02,110 --> 02:36:02,190
None.

1595
02:36:02,730 --> 02:36:03,730
Planning directors report?

1596
02:36:05,190 --> 02:36:15,290
I'm happy to report that last Monday night on the 25th, the Council appointed a 7th Planning Commissioner.

1597
02:36:17,250 --> 02:36:30,450
Because of the Thanksgiving holiday, we were not able to have that commissioner sworn in and take the oath of office and do orientation, but

1598
02:36:30,450 --> 02:36:34,350
that you did hear from that individual tonight.

1599
02:36:34,350 --> 02:36:37,690
He was in attendance and did offer some public comments.

1600
02:36:38,070 --> 02:36:44,710
So Roger Deming will be joining you for your next planning commission meeting, which

1601
02:36:44,710 --> 02:36:48,850
will mitigate the possibility of not having a quorum.

1602
02:36:49,430 --> 02:36:54,310
So we do have seven chairs, but only six name plates.

1603
02:36:54,310 --> 02:36:55,290
It will be cozy.

1604
02:36:55,570 --> 02:36:57,470
It'll be back to your full seven.

1605
02:36:57,470 --> 02:36:59,150
So we should be okay.

1606
02:37:00,090 --> 02:37:04,130
So happy to report that and nothing further.

1607
02:37:04,650 --> 02:37:06,530
All righty, with that, we are.

1608
02:37:08,230 --> 02:37:12,430
So when is our next regularly scheduled planning commission?

1609
02:37:13,110 --> 02:37:14,110
What day, we're on the second?

1610
02:37:14,270 --> 02:37:15,430
It would be the 16th.

1611
02:37:16,870 --> 02:37:19,230
Yeah, I was off on my way, so I was trying to figure out

1612
02:37:19,230 --> 02:37:23,250
which week it was, so yeah, the 16th, okay.

1613
02:37:23,250 --> 02:37:36,390
Correct. So, the 16th would be your next regularly scheduled meeting and we have no items currently scheduled for that tentative items.

1614
02:37:37,590 --> 02:37:50,890
So, the likelihood that items will appear in the next few days is low. So, the likelihood is that we will not need to have be meeting on the 60th.

1615
02:37:52,270 --> 02:37:55,870
All right, we're adjourned.

1616
02:37:56,830 --> 02:37:57,390
Thank you.