Planning Commission Regular Meeting

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[11:03] Good evening. I'd like to call tonight's meeting to
[11:07] order. It's August 25th, 2026. Welcome and thank you for joining us for
[11:13] tonight's meeting of the Orinda Planning Commission.
[11:17] In the back of the room, there is a table where you can find copies of
[11:20] tonight's agenda as well as staff reports for the items
[11:24] that will be heard tonight. On the same table, you will find request to speak
[11:29] cards. If you would like to speak to the commission this evening, please fill out
[11:34] a speaker card and place it in the speaker card tray at the table up front.
[11:40] If you are an applicant or the applicant's agent, you do not need to
[11:44] complete a speaker card. Once we begin the public hearing portion
[11:49] of the meeting, each item will be announced with a brief description of
[11:52] what is being proposed. After any general questions to the
[11:56] commission, the staff uh
[12:00] After any general questions by the commission to the staff, the hearing
[12:05] will be opened and the applicant will be given 10 minutes to present their
[12:09] project. If you are the applicant, at the
[12:12] beginning of your presentation, please let me know how much of your 10
[12:17] minutes you would like to reserve for any rebuttal.
[12:21] After the presentation by the applicant, the public hearing will be opened and
[12:26] anyone wishing to speak to the commission on this item will be invited
[12:30] to do so. When your name is called, please come to
[12:34] the speaker podium at the front. Each speaker will have 3 minutes to
[12:40] speak. Once everyone wishing to speak has made
[12:44] their comments, the public hearing will then be closed
[12:47] and we will bring the matter up to the commission for discussion and
[12:52] decision. If you will be speaking to us this
[12:55] evening, please be sure to make all of your comments when you come to the
[13:00] podium. As a courtesy to all comments made from
[13:03] the audience during testimony or commission deliberation will not be
[13:07] allowed and will not be included as part of this public record.
[13:11] At the conclusion of the hearing, the commission's options will be to approve,
[13:17] continue, or deny a project application. Now, I will proceed with roll call and
[13:24] confirm certain matters for the record. I would like to note that Commissioners
[13:29] Armstrong, Doctors Hubner, Marola, Oblinski, and Smith are in attendance.
[13:41] Item B, the adoption of the agenda. Planning Director, are there any
[13:44] proposed changes to the agenda? >> I have none.
[13:49] » Hearing none, I would like to move forward with tonight's agenda. Do I have
[13:52] a motion? >> So moved.
[13:55] » Do I have a second? >> Second it.
[13:57] » We'll give that to Hubner. >> [laughter]
[14:00] » It's not a race. >> All those in favor say I.
[14:04] » I. >> I.
[14:05] » I. The motion passes unanimously and we
[14:08] have an agenda. Item C is the public forum.
[14:13] The first item on tonight's meeting agenda is the public forum,
[14:17] which is an opportunity for you to address the Planning Commission on items
[14:21] that are not listed on tonight's agenda. Is there anyone who would like to
[14:26] address the Commission on an item that is not on the agenda?
[14:31] I see no one in the audience. >> No public comments.
[14:35] » And no one online. We'll move on to item D, the consent
[14:40] calendar. The consent calendar is a portion of the agenda that consists of
[14:46] items that are acted on in one motion unless a commissioner or member of the
[14:51] public requests that the Commission remove the item from the consent
[14:57] calendar for discussion. By approval of the consent calendar, the staff
[15:02] recommendation will be adopted. If the item is removed from the consent
[15:06] calendar, the Commission will follow the procedures described in the agenda for
[15:11] new public hearings. May I have a motion to approve the
[15:15] consent calendar as a pro- as proposed or would someone I'd remove an item.
[15:24] » Move to approve the consent calendar. >> Second.
[15:27] » Thank you. We have Hubner and Smith. Uh motion and a second. All in favor,
[15:33] say aye. >> Aye.
[15:34] » Aye. >> Aye.
[15:35] » Aye. The motion passes unanimously.
[15:40] Item E, policy matters. Uh we don't have a report tonight. Uh item F, continued
[15:48] public hearings. There are no continued hearings.
[15:52] And item G, new public hearing. So, G1, 105 Crane Terrace, a design review and
[16:01] special design review, DRA- 2026-005.
[16:09] This is a design review for a 1,395
[16:16] square foot of interior additions to an existing 2,966
[16:22] square foot home with a 574 square foot garage.
[16:28] The proposal includes a covered and partially enclosed 570
[16:35] square foot loggia with 150 square feet of credit for covered porches. The staff
[16:44] recommendation tonight is that the planning commission adopt the
[16:50] proposed statement of official action approving design review
[16:55] DRA-2026- 006.
[17:02] And yeah, there's a typo here. So, it's DRA- 2026-005
[17:11] for 105 Crane Terrace for 1,965 square feet of additions to an existing
[17:21] residence resulting in a 4,975
[17:27] adjusted square foot two-story residence.
[17:32] And I'd like to confirm any ex parte communications
[17:38] or site visits. Um
[17:41] I visited the site. I did not go all the way up to the gate. I noticed uh some
[17:47] story poles and I spoke to no one. Uh Commissioner Doctors?
[17:52] » I visited the site and spoke with no one.
[17:54] » Commissioner Hubner? >> I also visited [clears throat] the site
[17:58] and spoke with no one. >> Commissioner Morolla?
[18:00] » Visited the site and spoke to no one. >> Commissioner Bolinsky?
[18:03] » I visited the site spoke to no one. >> And Commissioner Smith?
[18:07] » Visited the site waved to the neighbor but spoke to nobody there. Okay.
[18:13] » Thank you. And now we will have the staff presentation from planner Darren
[18:18] Hughes. You may proceed.
[18:22] » All right. Thank you, Chair. Good evening, Chair, members of the Planning
[18:25] Commission, members of the applicant team.
[18:28] Um associate planner Darren Hughes. I will give the presentation tonight for
[18:32] 105 Crane Terrace uh design review 2026-005.
[18:38] Um so as you stated interior additions um for 1,395 square feet. Um and a 570
[18:47] square foot loggia to the existing 3,000 it's an adjusted square foot count here
[18:52] 3,160 square foot residence um resulting in a 4,975
[18:58] adjusted square foot residence in the ridgeline overlay.
[19:02] All right. So some context for everyone here. You can see this is
[19:07] located um one of these right here. Okay. So you
[19:12] can see the project site is located kind of in the crook of the hills here right
[19:16] above the Sleepy Hollow subdivision. Um very fairly remote
[19:22] for a lot in Orinda. This is very large lot size at 212,000
[19:28] sq ft. Um this is in the general plan the land
[19:32] use category is residential low density single family.
[19:37] The zoning district for this lot and all of the surrounding lots is RL 40. That's
[19:43] residential low density 40,000 sq ft. Um the lot is within the ridgeline, not the
[19:49] footprint of the primary residence. But the lot itself is within the
[19:54] ridgeline. It's considered a ridgeline lot. Ridgeline and environmental
[19:58] preservation overlay district. You can see that in green on the screen.
[20:02] And the local responsibility area is very high fire hazard severity zone.
[20:07] That again is applicable to pretty much this entire region.
[20:12] And the existing residence as stated is 3,160 adjusted sq ft.
[20:18] So, some information about the project itself.
[20:22] » [snorts] >> This is triggering design review with
[20:24] the planning commission because there are additions that exceed 1,500 sq ft.
[20:29] And it's requiring special design review under OMC 17.30.7,
[20:35] which is special design review for severely sloped development development
[20:40] footprints, which this is not, and lots within the R overlay zone.
[20:45] So, as soon as you exceed either of the two thresholds, and this is exceeding
[20:49] both of these thresholds, you trigger this design review. And
[20:53] those thresholds are 500 sq ft or more in an addition in additional square
[20:58] footage. And or 18 ft in height. So, if
[21:04] and because this is proposing a second story, that is exceeding 18 ft in
[21:07] height, that would be a trigger here. Um CEQA
[21:11] status, this is going to be categorically exempt under section
[21:14] 15301, which is for existing facilities.
[21:19] And we received no public comments to date.
[21:23] Uh so, proposed site plan, you can barely see anything here. It's because
[21:27] it's a very large 212,000 sq ft lot. Um but we will zoom in and just look at
[21:34] the floor areas that are proposed for this. So, we've got additions at the
[21:39] lower, upper, garage, and loggia areas.
[21:43] The lower level is here in the rear of the home.
[21:48] The upper story has two areas of addition, one between the primary
[21:53] residence and the garage, and one above the addition at the rear of the home.
[21:58] The garage is extending to the rear of the home.
[22:02] And the loggia itself is on the north side of the home,
[22:07] and we are counting this loggia as square footage because it is partially
[22:11] enclosed. When we look at the section,
[22:15] it's the loggia credit is in 17.6.3, it's how we calculate floor area.
[22:20] There's a whole section on what constitutes
[22:23] floor area if it is a building recess, and we would consider this a building
[22:28] recess because it is enclosed on one side completely and partially
[22:34] closed on another side. So, as soon as you add that additional enclosure
[22:38] by zoning administrator interpretation memo,
[22:43] this becomes considered as floor area. It does receive a 150 sq ft credit,
[22:49] and the garage credit is the only other credit that is applicable to this
[22:54] project. So, we are looking at a
[22:58] a proposed gross floor area 5,525 ft, Um, with those two credits, we're
[23:03] looking at 4,975 sq ft. Now, this one portion at the very
[23:08] front, um, that is uh, an addition of a an 800, I believe,
[23:13] 94 sq ft uh, porch that is not enclosed on, um,
[23:19] there it is unenclosed on three sides, and therefore it does not count against
[23:23] the square footage.
[23:27] All right. Um, so just looking very briefly at existing elevations, and, um,
[23:32] let's see if I can do this. Yes. Existing elevations and the proposed
[23:35] elevations. Um, so looking at the, uh, southwest and
[23:40] southeast elevations here, you can see at the This is the the front of the
[23:45] house at the top, um, with the with the addition of the loggia to the
[23:53] uh, left-hand side of the screen. Um, in the center here is the addition of the,
[23:59] um, front porch, and you can only a little bit see the the garage popping
[24:03] out towards the the rear. Um, and this portion of the addition at
[24:09] the top level. Um, here at the southeast elevation,
[24:13] uh, where we're looking at the garage, you can see this is the extension of the
[24:17] garage to one side, um, and the front porch over here.
[24:23] Looking at the existing elevations for the northeast and the northwest,
[24:29] we can see additions. Um, here's This is looking at the rear of the house at the
[24:33] top. Um, so the addition of the garage to the back. Um, this is the the total
[24:38] of the addition on the first and second story in the rear here, with the loggia
[24:43] over here. And at the the lower elevation,
[24:48] at the northwest, um, looking at the side of the house, this is the the
[24:52] loggia here, and the, um,
[24:55] and the front porch here.
[24:59] So, looking at the floor area, um we took these numbers uh
[25:05] the the floor area numbers come generally from
[25:08] the uh from the county's data on um the parcels.
[25:14] The the project itself, because it's on a
[25:17] very, very large parcel, it's the largest in the area um
[25:21] or among the largest in the area, um
[25:24] it's got the one of the lowest floor area ratios at .02. Um that's 2% of the
[25:31] the lot has been um
[25:34] uh would it would be developed with this project. Um the current floor area ratio
[25:39] for this project is .01. So, this is effectively uh close to doubling it.
[25:45] Um but it's not the largest home in the area. Um existing square footage, not
[25:51] including any garages, goes up to 5,965 in the area. Um
[25:59] and it is uh far from the the highest floor area ratio, um which is .18. Um
[26:06] also applicable to that uh largest home.
[26:11] Uh development re- development review compliance, um this is a table that we
[26:16] normally look at to say, "Okay, is everything meeting the applicable
[26:21] standards within the zoning code for setbacks, height, um parking spaces?" Um
[26:26] again, with this being such a large lot, there were no setback issues since
[26:30] everything is being proposed relatively close to the footprint of the home.
[26:33] Um all setbacks being met, the the the increased area on the second story is
[26:39] not increasing the overarching height of the home, so there's no
[26:43] um new height to consider here. It's uh coming in below 27 ft at 26 ft 2 in. Um
[26:50] um there are only two stories, it's not
[26:53] exceeding the maximum of 2.5 stories. Um and the floor area is staying below
[27:00] the 7,000 square feet maximum that would be applicable to
[27:05] uh to this particular lot by by the zoning code.
[27:11] So, uh a just a brief overview of the design review standards and the special
[27:15] design review standards in play um for the first one, we think of that as
[27:20] sighting and context. Um so, we're looking at making sure that what is
[27:24] being proposed is um
[27:27] maintaining is relatively unique, is maintaining some variety in uh the
[27:31] neighborhoods, is maintaining dominance of wooded and open ridges and hillsides.
[27:36] Um it's blending into any existing landscape. Um the second piece, design
[27:41] elements, visually harmonious. So, we're looking at does the design um meet the
[27:46] threshold for design review in Orinda? It is the project going to be
[27:50] attractive? Is it are the features going to reduce any perception of blocky or
[27:55] massive features of building surfaces and provide um some articulation to the
[27:59] project? Um
[28:02] the third standard under basic design review, we're looking for any impacts to
[28:07] neighboring residences and other people's quality of life. So, is it
[28:10] impairing views that people have or um invading privacy or impacting um light
[28:17] and air? And then finally, landscaping
[28:21] are um considered and we look at the appropriateness of the landscaping for
[28:25] what is being proposed on the site. And then for special design review, um
[28:30] for specifically for lots within the R
[28:33] overlay zone, um the first one is it's in substantial compliance with the
[28:38] hillside and ridgeline design guidelines from the 1990s. And the third one is
[28:44] looking specifically at ridgeline lots, um looking to preserve the natural
[28:49] appearance of the ridgeline, make sure that we're not impacting
[28:52] people's views from distant locations, and ensuring that that ridgeline that we
[28:58] would like to see preserved in Orinda is being preserved by what has been
[29:02] proposed. The second one is not particularly applicable here because it
[29:06] is for severely sloped development footprints,
[29:10] um and because this is located on a fairly
[29:14] level portion of the lot and has been graded for the existing residence, and
[29:20] everything is staying fairly close to that residence. We're not seeing
[29:24] that this would be applicable in any way, shape, or form. So, just a brief
[29:27] overview of the findings that have been proposed by staff. Generally speaking,
[29:33] we're looking at a lot that has deep setbacks from the the primary road, um
[29:39] Van Castle. We are looking at something that is it
[29:43] is located at a relatively elevated
[29:47] um portion of the lot,
[29:50] but tucked back fairly well from the street, and everything that is being
[29:54] proposed is pretty much hugging up against the structure, and what we are
[29:59] seeing or what we have proposed with our findings is that this is something that
[30:04] is approvable, is not impacting anybody's views and light from off site,
[30:09] is not creating any large bulky mass that can
[30:14] be seen from other points, other vantage points,
[30:18] and therefore will have little impact
[30:22] with what is being proposed. So, staff recommendation is to adopt
[30:27] both proposed statement of official action
[30:30] approving design review DRA 2026 005 for 105 Crane Terrace for 1,965
[30:40] total square feet of additions to an existing residence that would result in
[30:44] a 4,975 adjusted square foot two-story
[30:48] residence. And with that, I conclude my report and turn it over to the planning
[30:52] commission for questions. >> Thank you.
[30:55] Thank you, Planner Hughes, uh for your presentation.
[30:59] Commissioners, uh do you have any questions for staff?
[31:03] Commissioner Hubner. >> Darren, just so I clearly understand the
[31:07] difference between Sorry. >> There.
[31:10] » The difference between the loggia and the front porch qualifying as far as
[31:14] square footage is the fact of the fireplace creating the partial
[31:17] enclosure. Is that >> Yes. Yes, with that wall um with that
[31:21] fireplace acting as a wall that >> Yeah.
[31:24] » creates partial enclosure. We count that as square
[31:26] » Just make sure I understood the definition. Thank you.
[31:32] » Are there any other questions from the commissioners?
[31:37] Okay, hearing none. Um the applicant has an opportunity now
[31:43] uh to present the application to the
[31:47] commission. Um you have 10 minutes total. Uh and before
[31:53] you speak, uh can Do you want some time for a rebuttal?
[32:00] » [laughter] >> Okay. I think I'll be fine. Okay.
[32:03] » Unless I need to rebut the commission, but I'm going to do that, you know,
[32:06] » Okay. I think you're I think you're okay.
[32:09] Okay. Please state your name and uh proceed.
[32:12] » Thank you. My name is Steven Kubicek, and I'm the designer of the house. And
[32:16] I've designed this house for the Clevelands, who are sitting here today.
[32:19] And part of my 10 minutes it um I'm not going to talk that long, but they want
[32:23] to speak as well. Um so, when they called me to design
[32:26] this home for uh Mr. Cleveland, he's from the South.
[32:30] The house has some southern elements to it, and he wanted to elaborate on that.
[32:34] One of the things that the house did to me, I you know, I lived in Orinda for 20
[32:38] years. So, uh I um it it it seemed very large and square
[32:44] sitting on top of the hill, and I just felt like I wanted to break that up. And
[32:48] with their program of wanting to add the add porches to it, that created an
[32:52] opportunity to actually make the house more at at more interest to the facade
[32:57] as it's viewed as it's viewed from offsite. Um Darren did a very very
[33:03] complete presentation for the for the project.
[33:07] And I think that he's kind of said everything and it it play it it meets
[33:12] all of the requirements of the city design guidelines. So, really I'm just
[33:17] happy to answer questions for you.
[33:23] » Commissioners, are there any questions? Okay.
[33:27] » One one quick one. What's just I'm just I'm curious, is
[33:31] Isokern a brand or is it a type of fireplace?
[33:33] » An Isokern is a brand, but it's it's a it's a Rumford type of fireplace, and
[33:37] it's a a Rumford type of fireplace. And it's a kit that you buy. So, it's one of
[33:42] the few brands of kits that you can buy that you can burn wood in.
[33:47] » Okay. >> Because the flue is a very unique design
[33:50] where it complete it it burns the fuel more completely so that the the
[33:54] emissions are low. >> I was I was only
[33:56] » They're very cool because the back of the fireplace is vertical instead of
[34:00] having an angle to it, and they have a very large opening. So, they're they're
[34:04] they're really great. >> Okay. Just fireplace. Just a curiosity.
[34:07] Thank you. >> Yeah.
[34:10] Anything else? >> No, thank you. And we will invite the
[34:14] homeowners. You can have time to speak. Thank you.
[34:18] » Hi. Oh my gosh, thank you all for having us. This is our first time doing this.
[34:22] Um we've renovated homes in the past, but this is our first one in Orinda. Um
[34:27] so, I'm Beth Cleveland, and this is my husband, Blake. Um I grew up in Orinda,
[34:31] and um just sharing a little story with you
[34:34] all. I actually grew up on Taber Lane um and lived at this house my entire
[34:38] life and um it's pretty special to be there now.
[34:42] We've been there for about nine years. Uh gotten to know the property, gotten
[34:46] to know the house, the neighbors um and we feel like we're trying to do
[34:52] justice to the house and I'm not just saying that because you all are
[34:55] evaluating this. It is uh my grandmother used to go to garden club at this house
[35:00] with Kitty Roche and we found a prom dress in our attic that we mailed to
[35:04] their family, the daughter. Um so we really care genuinely about tradition,
[35:09] about um holding onto the heritage. Uh we've already talked about saving a
[35:14] little piece of the uh wallpaper in the kitchen cuz it's just really special and
[35:18] you can tell a family was really happy there. So um yeah, thank you for the
[35:22] review. We're we're trying to just really kind of adapt it to how families
[35:26] live today, a little bit more shared space, a little bit more
[35:29] you know, ability to use get to see the beautiful view of Orinda um spend time
[35:33] with friends and family. So thank you and I'll let my husband say something. I
[35:37] don't know what he's going to say, but >> Thank you.
[35:41] Good evening. My name is Blake Cleveland. Um I'm Beth's husband and
[35:45] when I first moved to Orinda uh being from uh South Georgia uh I looked out
[35:50] from her parents' home uh onto this house and I said that's a beautiful home
[35:54] and noticed that the you know, the space around it was uh quite quite open and
[35:59] distinct separate from you know, a lot of the a lot of the homes in the valley
[36:02] and it was you know, it was appealing to me when I first saw it just because of
[36:07] the you know, kind of the federalist look to it uh that it had which is more
[36:11] East Coast and um had no clue that you know, 20 years later we would be
[36:17] having a chance to to live in that home and raise our family there and it's been
[36:22] you know, we've been there for almost seven years now and uh and you know,
[36:27] living in it for as long as we have um as probably any of you have if you've
[36:32] done, you know, changes to your home, knowing exactly what probably would be,
[36:36] you know, not only beneficial to us but also aesthetically pleasing to to the
[36:40] home and and to all the people that actually probably look at this home
[36:44] because there's quite a few um that have spoken to us about it and
[36:48] it's just one of those things that we think very
[36:51] um very highly of, you know, maintaining the the ridge lines and the beauty that
[36:56] Orinda have um especially for, you know, historical sites. I would call this a
[37:00] home, you know, it's definitely not the oldest in Orinda by any means, but um
[37:04] there's uh just some beauty to it. But it's all It is absolutely old and
[37:09] um and also, you know, from a standpoint of being in the the fire risk zone that
[37:14] it's in. The the home needs to have some updates
[37:19] that would be much more um you know, safe, if you would. And I
[37:23] know there's a lot of trees around that home, but it's, you know, bringing in um
[37:27] fire retardant materials, etc. That um will be obviously much, you know, will
[37:32] will withstand the sun that comes onto that home as well. So, I think that
[37:37] uh as we sit from sitting on that porch
[37:39] once it's built, uh it will be uh enjoyable and invite you all up for a
[37:43] cocktail. >> [laughter]
[37:46] » Thank you very much. >> Thank you. Appreciate the comments.
[37:52] And I'll ask the commission are there are there any comments uh or questions
[37:56] for the homeowners?
[37:59] » Just thanks to associate planner Hughes for the great presentation and um as a
[38:03] fellow Orinda boomerang, I grew up here, moved away and came back. Um just
[38:07] excited to see a a fellow fellow Orinda boomerang taking care of a a house that
[38:11] needs some updates and just appreciate the thought that um that went into the
[38:14] home and clearly doing your best to to balance um your needs with considering
[38:19] the surroundings. So, appreciate it. >> Thank you.
[38:24] Okay, so hearing no more comments from the commissioners,
[38:28] we are going to have the public comment portion,
[38:32] and I will open the floor up to the public. There's no one in the audience.
[38:37] Are there any >> No public comments.
[38:39] » Okay. So, there are no public comments, so
[38:44] I'm going to close the floor and
[38:48] bring the matter up to the commission for discussion and action.
[38:54] Are there any comments or >> Well, I thought it was just a totally
[38:59] off the topic, but it was kind of adorable that the owners of the lot that
[39:03] I bought when I was building my house were in the audience and everybody
[39:06] assumed they were there to support us, but the the party ended up throwing
[39:10] themselves in front of the tractor when we started building our house. So, we
[39:13] weren't quite as welcomed at the time. Anyway, um I just want to
[39:18] thank staff for a thorough presentation and thanks for the extra little bit of
[39:22] table that I was used to seeing and um it does it does seem like a very
[39:27] appropriate uh addition to the to the house and to the neighborhood.
[39:33] » Yeah, and I would like to add that uh to thank the staff for the presentation. Um
[39:39] I would like to say also that you have a wonderful lot. It's amazing. Uh I think
[39:44] the patio is going to be a really nice addition sitting out front. I'm sure it
[39:49] gives you a lot of memories from uh back home.
[39:52] And so, um yeah, and I really appreciate also the
[39:56] comment about uh using fire retardant materials. That's a really important. I
[40:02] feel um really uh glad to hear that. So,
[40:06] thank you.
[40:10] » Make a motion to proceed as as staff.
[40:15] » I'll vote no. >> Wait, I thought this was
[40:18] going to be an action. >> Okay, make a motion to approve the
[40:23] planning commission >> No, adopt.
[40:26] Adopt. >> Oh.
[40:27] » Adopt the proposed statement. >> Adopt proposed statement of official
[40:31] action proving design review DRA 2026-005
[40:37] for 105 Crane Terrace for 1965 square feet of additions to an
[40:42] existing resident resulting in a 4,975 adjusted square foot two-story
[40:46] residence. >> Thank you. And before I ask for a second
[40:51] to that motion, we're going to do a different procedure
[40:54] according to Robert's rules, is there a substitute motion?
[41:00] Do not hear any substitute motion. Now, is there an amendment to Commissioner
[41:06] Smith's first motion? Hearing none, do I have a second to the
[41:11] motion? >> Second.
[41:15] » Commissioner Doctors seconds that motion and we'll do a roll call vote.
[41:20] Commissioner Hubner. >> I.
[41:22] » Commissioner Merola. >> I.
[41:25] » Commissioner Oblinski. >> I.
[41:27] » Commissioner Smith. >> I.
[41:29] » Commissioner Doctors. >> I.
[41:30] » And Commissioner Armstrong is an I. So, the motion is carried and the motion
[41:37] is unanimous. >> It's okay.
[41:39] » Oh, congratulations. Your project is approved.
[41:43] » [laughter]
[41:46] » And I have for the record I have to read appeal rights. I will now read the
[41:49] appeal rights. A decision by the planning commission is final unless a
[41:54] written notice of appeal specifying the grounds for the appeal is submitted to
[41:59] the planning department during normal business hours
[42:02] within 10 calendar days with the appropriate fees.
[42:06] The appeal will be considered by the city council. If you challenge any
[42:10] actions on the agenda in court, you may be limited to raising only those issues
[42:16] you or someone else raised at the public hearing described in this notice
[42:22] or in written correspondence delivered to the Planning Commission
[42:26] uh at or prior to the public hearing. The time to file action to challenge the
[42:34] decision is governed by the Code of Civil Procedure section 1094.6.
[42:40] Thank you. Okay.
[42:43] Item H, other commission matters. Are there any other commission matters
[42:48] tonight?
[42:51] Hearing none, item I, Planning Commissioner's report. I do not have a
[42:56] report tonight. Item J, Planning Director's update.
[43:02] » Commissioner, Director Director >> thank you. Thank you, Chairman
[43:05] Armstrong. The only update I have for you is on August 18th,
[43:08] the City Council did approve 42 Charles Hill.
[43:12] They did acknowledge the comments that were received by the Planning
[43:16] Commission, in particular the concerns about build now, ask for forgiveness
[43:22] later. They did acknowledge, but this project had some other
[43:26] significant issues um
[43:29] that was pulling us in a certain direction, so
[43:32] um there was legal
[43:35] advice on this project, so that was given to City Council.
[43:40] » I I was going to ask what the other significant issues were, but that
[43:43] answered my question. >> [laughter]
[43:46] » Thank you for that update. Okay, we're at item K. Chairman, do I
[43:51] have a motion to adjourn this meeting? >> So moved.
[43:55] » Do I have a second?
[43:58] » Second. >> We'll give that to Commissioner Doctors.
[44:03] All in favor, say I. >> I. I. I.