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>> Okay, sorry

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for the bit of delay. We're

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going to call the meeting

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to order at 4:02,

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and we're going to start with

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roll call please.

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[CALLING ROLL]

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>> Thank you. And then,

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Jeremy, would you like

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to introduce staff,

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00:08:39,100 --> 00:08:40,100
please?

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00:08:40,100 --> 00:08:41,100
>> Sure thing, Chair. We have

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clerking for us, Ms. Jennifer

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Gannon and Michelle Yang. To my

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right, we have Interim City

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Attorney Mary Wagner, here

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with us in person today.

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Assistant Director of Public

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Works Josh Anthony, myself,

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Jeremy Pagan, Director of

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Development Services. Lily Toy

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is our Planning manager and

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Associate Planner Danny Castro

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will be giving our presentation

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later on today.

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>> Great. Thank you.

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Before we move on

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to item two, I just want to

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remind we have some community

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members here that we have cards

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if you would like to speak.

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They're kind

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of a periwinkle color

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in the lobby,

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and you can bring them up

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to our admin up here if you'd

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like to speak. Okay. Item two,

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approval of minutes. The

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minutes for the August 11,

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2026 meeting.

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>> I move approval.

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>> I second.

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>> Okay. We have a first and a

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second. All in favor? Aye.

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Any opposed? Okay, motion

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carries. Thank you. Number

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three, announcements. No

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announcements. We'll move on

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to the public hearing. Item

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4A1, the amendment application,

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which we've read many times,

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but we'll do it again. AMND

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202500266 and parcel map

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application PM2025 00991

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by EP2 Redding Oasis, LLC. I

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will turn it over to Mr.

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Castro

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to give us this presentation,

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please.

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>> Yeah, and before Mr. Castro

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jumps in, just want

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to take a quick minute

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to thank the Planning

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Commission. I recognize we're

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in our third hearing

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for this item,

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but this commission brings a

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lot of good, unique

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perspective, good voices, lots

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of years of experience. And so

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I think the questions and

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comments have been really good

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ones, and the end result is a

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much better and more refined

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permit,

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I feel more legally defensible.

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So I know we're

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in a third hearing, but I

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believe it has been time well

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spent. So, thank you

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for helping staff as we wrestle

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through some changes and

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refinements,

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and certainly thanks

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to the applicant for their

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patience as we're working

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through here

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to the finish line. And we're

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able to get the necessary

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technical information

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from the applicant between the

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last hearing and this one,

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to bring that forward

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to this commission today. And

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then last, just want to thank

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staff and our city attorney.

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It's really been a team effort

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to try and figure out how

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to make this work. It is a

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complex permit,

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as this commission knows.

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We're working with 20 plus year

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old documents and approvals and

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working to tweak and change the

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project and still have it fit

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within those confines. So

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staff's done a good job getting

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us to this point. I think today

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we have new information

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to present to the commission

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and a good recommendation

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for you all to consider. So

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with that I'm going to pass it

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off to Danny. Take it away.

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>> All right. So yeah,

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good evening or good afternoon.

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Thank you, Chair. Greetings

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to everyone. So we are going

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to go over the Oasis

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Commercial center amendment and

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parcel map application and I've

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got this divided

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into three parts. So I'm going

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to do part one, I'm going

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to do a recap. I mean,

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I know we were all here

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on the 23rd,

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but there might be some members

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of the audience who weren't.

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So I was just going to try to

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briefly recap and go through. I

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don't want to rush it,

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but I don't want

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to spend too much time

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on the recap. So we'll

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go through those. And then part

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two, we'll be addressing

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Commissioner Kent Manual's

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suggested changes

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to the conditions. There was a,

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if you recall,

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on the 11th or I'm sorry,

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on the 23rd, there was a list

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of 13 conditions

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with suggested changes. And so

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we'll be going

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through those and then

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in part three we'll be going

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over changes to the

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environmental and when we get

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there we'll talk about that.

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So without further ado,

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part one project recap. So,

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yes, so the site we're talking

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about, it's in the north part

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of the city off of Oasis Road

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up there off of i5. Right now

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it's a group of properties.

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Off of i5 and it's zoned RCSP,

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which is regional commercial

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specific plan overlay. So we'll

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talk about the Oasis Road

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specific plan in a minute. And

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as a general plan, designation

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of regional commercial. So, you

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know, relatively large piece

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of land up there designated

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for commercial development

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at the north part of the town.

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In 2005, no, 2006, the original

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permit was approved and it was

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originally for Costco. It

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planned a large Costco building

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with some other outbuildings

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on the site. It proposed

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to delete Twin View north of

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Oasis. So Twin View would have

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came through here,

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connecting there and there. So

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it proposed to delete Twin View

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altogether. It deleted an

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intermittent creek that

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currently runs through the site

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and it included two phases,

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a phase 1a and a phase 1b. So

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with this amendment

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application, there's also a

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parcel map application

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to change the property lines

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and to create the lock

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configuration that looks

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exactly like this. So currently

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Twin View is this gray area. It

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comes down and connects

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through here. And the parcel

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map would move that right

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of way here to align with

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Oasis Court, which is

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confusingly enough, is not a

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court, it's a through street,

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but it's called Oasis Court, so

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you still have that north south

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connection there. The project

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overlaid

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on this exhibit would look

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like this. So whereas

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previously this whole area was

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for commercial development and

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they were going to fill

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in this creek, now

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with this amended project,

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they, they're proposing to

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leave this intermittent creek,

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parcel this off for future

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development that would require

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its own conditional use permit

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and to leave this part

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of the site about 13 or 14

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acres, leave that

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for this proposed development.

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So let's see what's essential

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here. I think I just went

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over most of that in terms

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of the uses. We're talking

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about a couple hotels,

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some quick serve drive thru

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restaurants, coffee kiosk,

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drive thru coffee kiosk, a sit

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down restaurant there,

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and a gas station. So

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like I mentioned before,

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this property is within the

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Oasis Road specific plan area.

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And without getting too much

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into recapping the details,

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essentially what the specific

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plan overlay is that it's a

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zoning overlay district that

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goes over the property that

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essentially elevates the

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standards of development

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for the property

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above that which is required

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by the standard zoning code.

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So some examples of things that

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wouldn't normally be required

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of a development like this,

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but that are required

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of a development in this area

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are parking lot screening

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walls, some enhanced

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architectural design

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guidelines,

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additional street landscaping

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like this project is bringing

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in separated sidewalks and a

257
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median

258
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with trees and landscaping

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along there,

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as well as some requirements

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for public art features and

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things like that. So all that

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specific plan overlay,

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increased standards apply to

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the project is essentially what

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this slide was talking about.

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As for trees and landscaping,

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like I mentioned, the medians

269
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and the fringes would be treed.

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And there's a mitigation

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measure that exists already

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with the project in the EIR

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that requires tree preservation

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and replacement. So all trees

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greater than six inches

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measured at breast height,

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which is

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about four and a half feet

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off the ground west

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of the parking area adjacent

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to I5 would be preserved. So do

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I. Can I get back

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to the slide quickly? So

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there's a bunch

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of trees that would be in here

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that would be preserved, kind

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00:17:04,100 --> 00:17:07,601
of these guys in here. There's

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another couple

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of large trees up here

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in the northwest of the

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property that are already

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mitigated to be preserved. So

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those would also need

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to be preserved, and the rest

295
00:17:22,100 --> 00:17:23,100
of the trees that would be

296
00:17:23,100 --> 00:17:25,100
removed would all need

297
00:17:25,100 --> 00:17:26,100
to be replaced in accordance

298
00:17:26,100 --> 00:17:28,100
with the scheme that exists

299
00:17:28,100 --> 00:17:30,100
in the EIR. So there's like

300
00:17:30,100 --> 00:17:31,100
replacement ratios depending

301
00:17:31,100 --> 00:17:32,100
on how big

302
00:17:32,100 --> 00:17:33,100
of a tree you're planting,

303
00:17:33,100 --> 00:17:34,100
whether it's a seedling or a

304
00:17:34,100 --> 00:17:35,100
box tree,

305
00:17:35,100 --> 00:17:36,100
how many trees you're

306
00:17:36,100 --> 00:17:37,100
mitigating for,

307
00:17:37,100 --> 00:17:38,100
but there's a kind of

308
00:17:38,100 --> 00:17:40,100
determined scheme that applies

309
00:17:40,100 --> 00:17:43,100
to those ratios. So that,

310
00:17:44,100 --> 00:17:45,100
in a nutshell,

311
00:17:45,100 --> 00:17:46,100
is the project. And I'm happy

312
00:17:46,100 --> 00:17:48,100
to answer any questions

313
00:17:48,100 --> 00:17:49,100
after the

314
00:17:49,100 --> 00:17:51,100
presentation if there was

315
00:17:51,100 --> 00:17:52,100
anything that you needed more

316
00:17:52,100 --> 00:17:54,100
refresher on. But I wanted

317
00:17:54,100 --> 00:17:57,100
to get into part two,

318
00:18:01,100 --> 00:18:02,100
which is the proposed changes.

319
00:18:02,100 --> 00:18:03,100
So without further ado. So the

320
00:18:03,100 --> 00:18:05,100
first one on there, if you'll

321
00:18:05,100 --> 00:18:06,100
recall, was a revision

322
00:18:06,100 --> 00:18:07,100
to condition number four. And

323
00:18:07,100 --> 00:18:09,401
essentially it was asking

324
00:18:10,100 --> 00:18:11,100
for architectural review

325
00:18:11,100 --> 00:18:14,100
to come back to this body.

326
00:18:14,100 --> 00:18:16,100
At the on the June, I'm sorry,

327
00:18:16,100 --> 00:18:18,100
July 23rd hearing, the planning

328
00:18:18,100 --> 00:18:19,100
commission didn't express

329
00:18:19,100 --> 00:18:21,100
desire to add this condition.

330
00:18:21,100 --> 00:18:22,100
So in the draft conditions

331
00:18:22,100 --> 00:18:23,100
of approval,

332
00:18:23,100 --> 00:18:26,100
this condition was not added.

333
00:18:26,100 --> 00:18:27,100
And I should say the draft

334
00:18:27,100 --> 00:18:29,100
conditions of the new,

335
00:18:29,100 --> 00:18:30,100
newly revised draft conditions

336
00:18:30,100 --> 00:18:31,100
of approval is what I'm

337
00:18:31,100 --> 00:18:32,100
referring

338
00:18:32,100 --> 00:18:34,100
to proposed revisions

339
00:18:35,100 --> 00:18:38,601
to condition 17B. So this has

340
00:18:43,100 --> 00:18:45,100
to do with those two oak trees

341
00:18:45,100 --> 00:18:47,401
in the northwest corner

342
00:18:48,100 --> 00:18:51,601
of the site that I mentioned.

343
00:18:53,100 --> 00:18:54,100
And the recommended changes

344
00:18:54,100 --> 00:18:56,100
were essentially updated

345
00:18:57,100 --> 00:19:00,100
language that's more in line

346
00:19:00,100 --> 00:19:02,100
with how we would word things

347
00:19:02,100 --> 00:19:03,100
today. So it's not necessarily

348
00:19:03,100 --> 00:19:04,100
too substantially different.

349
00:19:04,100 --> 00:19:06,100
It still satisfies the existing

350
00:19:06,100 --> 00:19:08,100
mitigation measure. It's more

351
00:19:08,100 --> 00:19:09,100
of a lateral change that kind

352
00:19:09,100 --> 00:19:12,100
of updates that language to,

353
00:19:12,100 --> 00:19:13,100
to the specifics that we now

354
00:19:13,100 --> 00:19:14,100
use in the city

355
00:19:14,100 --> 00:19:16,100
for tree protection. So staff

356
00:19:16,100 --> 00:19:18,100
agrees that that that seems

357
00:19:18,100 --> 00:19:20,100
entirely plausible to

358
00:19:20,100 --> 00:19:22,100
change the condition as such.

359
00:19:22,100 --> 00:19:23,100
So the draft conditions

360
00:19:23,100 --> 00:19:24,100
of approval have been revised

361
00:19:24,100 --> 00:19:25,100
to include this updated

362
00:19:25,100 --> 00:19:27,401
language. Condition 17D, there

363
00:19:30,100 --> 00:19:32,100
was wording. So the last two

364
00:19:32,100 --> 00:19:33,100
sentences

365
00:19:33,100 --> 00:19:35,401
of condition 17D read,

366
00:19:36,100 --> 00:19:38,100
some tree plantings are

367
00:19:38,100 --> 00:19:40,100
to occur within the open space

368
00:19:40,100 --> 00:19:41,100
areas adjacent to Salt Creek.

369
00:19:41,100 --> 00:19:42,100
The landscape plan shall

370
00:19:42,100 --> 00:19:44,100
include the planting plan

371
00:19:44,100 --> 00:19:46,100
for this area. So staff's

372
00:19:46,100 --> 00:19:48,100
interpretation of the intent

373
00:19:48,100 --> 00:19:50,100
of this condition was

374
00:19:50,100 --> 00:19:51,100
to ensure that there were some,

375
00:19:51,100 --> 00:19:53,100
at least some tree plantings

376
00:19:53,100 --> 00:19:54,100
that get planted adjacent to

377
00:19:54,100 --> 00:19:56,100
Salt Creek because

378
00:19:56,100 --> 00:19:58,100
without that condition,

379
00:19:58,100 --> 00:19:59,100
there would be no requirement

380
00:19:59,100 --> 00:20:00,100
to plant any trees next to

381
00:20:00,100 --> 00:20:03,601
Salt Creek. So it's not clear

382
00:20:04,100 --> 00:20:06,100
what putting a 50% limit

383
00:20:06,100 --> 00:20:09,100
on the plantings would achieve.

384
00:20:10,100 --> 00:20:11,100
So for that reason, staff has

385
00:20:11,100 --> 00:20:12,100
not included the suggested

386
00:20:12,100 --> 00:20:13,100
changes

387
00:20:13,100 --> 00:20:14,100
into the draft conditions

388
00:20:14,100 --> 00:20:15,100
of approval, again,

389
00:20:15,100 --> 00:20:17,100
as the conditions intent seem

390
00:20:17,100 --> 00:20:19,100
to be, to require some tree

391
00:20:19,100 --> 00:20:21,100
plantings and putting a limit

392
00:20:21,100 --> 00:20:24,100
of 50% if I'm not a biologist,

393
00:20:24,100 --> 00:20:25,100
but if it was feasible

394
00:20:25,100 --> 00:20:27,401
to do 100%, I don't

395
00:20:28,100 --> 00:20:30,100
see why that wouldn't be

396
00:20:30,100 --> 00:20:32,100
allowed. But again,

397
00:20:32,100 --> 00:20:33,100
this is just staff's

398
00:20:33,100 --> 00:20:35,100
interpretation,

399
00:20:35,100 --> 00:20:36,100
staff's review. But

400
00:20:36,100 --> 00:20:37,100
that's why that change wasn't

401
00:20:37,100 --> 00:20:38,100
added to the draft conditions

402
00:20:38,100 --> 00:20:41,601
of approval. This one had some

403
00:20:42,100 --> 00:20:43,100
discussion

404
00:20:43,100 --> 00:20:44,100
on the first hearing.

405
00:20:44,100 --> 00:20:46,100
Condition number 40. It was the

406
00:20:46,100 --> 00:20:47,100
condition

407
00:20:47,100 --> 00:20:49,100
for fair share funding for a

408
00:20:49,100 --> 00:20:50,100
fire department ladder truck.

409
00:20:50,100 --> 00:20:53,100
So we did have time to,

410
00:20:53,100 --> 00:20:55,100
to speak with the fire

411
00:20:55,100 --> 00:20:56,100
department and they had time

412
00:20:56,100 --> 00:20:57,100
to kind of look

413
00:20:57,100 --> 00:20:59,100
into this a little bit. And the

414
00:20:59,100 --> 00:21:00,100
Redding Fire Department staff

415
00:21:00,100 --> 00:21:01,100
concurred with the suggestion

416
00:21:01,100 --> 00:21:03,100
that an additional ladder truck

417
00:21:03,100 --> 00:21:04,100
is no longer required

418
00:21:04,100 --> 00:21:05,100
to service this development.

419
00:21:05,100 --> 00:21:08,100
And so that condition was

420
00:21:08,100 --> 00:21:10,401
struck. Condition 49, there was

421
00:21:14,100 --> 00:21:16,100
a proposal to strike the,

422
00:21:16,100 --> 00:21:19,100
the condition for bus turnouts

423
00:21:20,100 --> 00:21:21,100
to be incorporated

424
00:21:21,100 --> 00:21:22,100
into the project

425
00:21:22,100 --> 00:21:24,100
with improvement plans. The

426
00:21:24,100 --> 00:21:25,100
suggestion was if they're not

427
00:21:25,100 --> 00:21:26,100
shown now,

428
00:21:26,100 --> 00:21:28,100
then they shouldn't be there

429
00:21:28,100 --> 00:21:31,100
at all. I did communicate with

430
00:21:31,100 --> 00:21:33,100
our RABA representative and he

431
00:21:33,100 --> 00:21:34,100
explained

432
00:21:34,100 --> 00:21:35,100
to me that they do prefer

433
00:21:35,100 --> 00:21:37,401
to have the flexibility

434
00:21:38,100 --> 00:21:40,100
to place those at time

435
00:21:40,100 --> 00:21:41,100
of development. It's a little

436
00:21:41,100 --> 00:21:42,100
closer to,

437
00:21:42,100 --> 00:21:44,100
I mean it's way closer to when

438
00:21:44,100 --> 00:21:45,100
the development's actually

439
00:21:45,100 --> 00:21:47,100
going to go in and,

440
00:21:47,100 --> 00:21:48,100
at that time they're better

441
00:21:48,100 --> 00:21:50,100
able to know exactly what

442
00:21:50,100 --> 00:21:52,100
transportation needs they have

443
00:21:52,100 --> 00:21:53,100
at that time, what needs they

444
00:21:53,100 --> 00:21:55,100
might not have and where they

445
00:21:55,100 --> 00:21:57,100
might need those bus stops and

446
00:21:57,100 --> 00:21:58,100
turnouts,

447
00:21:58,100 --> 00:22:00,100
should they even need them.

448
00:22:00,100 --> 00:22:02,100
In addition to that,

449
00:22:02,100 --> 00:22:04,100
it meets general plan policies

450
00:22:04,100 --> 00:22:05,100
for transit. There's a couple

451
00:22:05,100 --> 00:22:08,601
listed in the staff report and

452
00:22:14,100 --> 00:22:16,100
I remember there was one more

453
00:22:16,100 --> 00:22:19,100
point on that. But essentially

454
00:22:19,100 --> 00:22:20,100
staff didn't see why it was

455
00:22:20,100 --> 00:22:21,100
inappropriate. I mean,

456
00:22:21,100 --> 00:22:23,100
there's plenty

457
00:22:23,100 --> 00:22:24,100
of things that are,

458
00:22:24,100 --> 00:22:26,100
conditioned for

459
00:22:26,100 --> 00:22:27,100
at time of improvement plans

460
00:22:27,100 --> 00:22:29,100
and this seemed to fit. So

461
00:22:29,100 --> 00:22:31,100
staff did not,

462
00:22:31,100 --> 00:22:32,100
did not strike that condition.

463
00:22:32,100 --> 00:22:34,100
Oh, I was going to mention it's

464
00:22:34,100 --> 00:22:35,100
also a mitigation measure

465
00:22:35,100 --> 00:22:37,100
for air quality standards

466
00:22:37,100 --> 00:22:38,100
from Shasta

467
00:22:38,100 --> 00:22:40,100
County Air Quality Management

468
00:22:40,100 --> 00:22:42,100
District that were suggested

469
00:22:42,100 --> 00:22:43,100
to be incorporated

470
00:22:43,100 --> 00:22:44,100
into the project

471
00:22:44,100 --> 00:22:45,100
to meet SIMS and BAMS. So those

472
00:22:45,100 --> 00:22:46,100
are the standard mitigation

473
00:22:46,100 --> 00:22:47,100
measures from that agency.

474
00:22:47,100 --> 00:22:49,100
So, we left it

475
00:22:49,100 --> 00:22:51,100
in. Proposed revisions

476
00:22:53,100 --> 00:22:54,100
to condition number 55

477
00:22:54,100 --> 00:22:56,100
of the amendment. So the

478
00:22:56,100 --> 00:22:58,100
Oasis Road specific plan

479
00:22:58,100 --> 00:23:00,100
for major driveways

480
00:23:00,100 --> 00:23:02,100
into shopping centers requires

481
00:23:02,100 --> 00:23:04,100
a minimum 8 foot wide landscape

482
00:23:04,100 --> 00:23:06,100
medium that runs the length

483
00:23:06,100 --> 00:23:09,100
of the driveway. Well, that

484
00:23:09,100 --> 00:23:10,100
runs 50ft

485
00:23:10,100 --> 00:23:11,100
from the driveway intersection

486
00:23:11,100 --> 00:23:12,100
to the street,

487
00:23:12,100 --> 00:23:14,100
to be specific. The proposed

488
00:23:14,100 --> 00:23:15,100
site plan shows one of those.

489
00:23:15,100 --> 00:23:17,100
The suggestion was that the

490
00:23:17,100 --> 00:23:19,100
other two entrances that are

491
00:23:19,100 --> 00:23:21,100
proposed off of the relocated

492
00:23:21,100 --> 00:23:24,100
Twin View Boulevard also have

493
00:23:24,100 --> 00:23:26,100
this requirement placed

494
00:23:26,100 --> 00:23:28,100
on them. And upon reviewing

495
00:23:28,100 --> 00:23:29,100
that it seems consistent

496
00:23:29,100 --> 00:23:31,100
with the OASIS Road specific

497
00:23:31,100 --> 00:23:33,100
plan, staff agrees that

498
00:23:33,100 --> 00:23:34,100
it's a plausible condition

499
00:23:34,100 --> 00:23:36,100
to put on the permit. So we've

500
00:23:36,100 --> 00:23:38,100
included the suggested changes

501
00:23:38,100 --> 00:23:40,401
into the draft conditions

502
00:23:46,100 --> 00:23:48,401
of approval. Condition59 has

503
00:23:49,100 --> 00:23:51,100
some added language

504
00:23:51,100 --> 00:23:53,100
to this franchise. Chain stores

505
00:23:53,100 --> 00:23:54,100
with prototypical structures

506
00:23:54,100 --> 00:23:56,100
shall be modified as may be

507
00:23:56,100 --> 00:23:57,100
required to have thematic

508
00:23:57,100 --> 00:23:58,100
architectural consistency

509
00:23:58,100 --> 00:24:00,100
with the OASIS Road specific

510
00:24:00,100 --> 00:24:01,100
plan and approved architectural

511
00:24:01,100 --> 00:24:03,100
details in accordance

512
00:24:03,100 --> 00:24:04,100
with condition four

513
00:24:04,100 --> 00:24:06,100
of this permit. So essentially

514
00:24:06,100 --> 00:24:08,100
this condition kind of relied

515
00:24:08,100 --> 00:24:10,100
on the very first one we spoke

516
00:24:10,100 --> 00:24:11,100
about that required

517
00:24:11,100 --> 00:24:13,100
architectural review. And

518
00:24:14,100 --> 00:24:17,100
because that condition was not

519
00:24:19,100 --> 00:24:21,100
added, it makes sense to also

520
00:24:21,100 --> 00:24:23,100
disregard this suggestion.

521
00:24:23,100 --> 00:24:24,100
So, I mean, unless there's a

522
00:24:24,100 --> 00:24:25,100
change and this body wishes

523
00:24:25,100 --> 00:24:27,100
to put

524
00:24:27,100 --> 00:24:28,100
in architectural review, then

525
00:24:28,100 --> 00:24:29,100
I'd suggest revisiting this as

526
00:24:29,100 --> 00:24:31,100
a potential. But if not, then

527
00:24:31,100 --> 00:24:32,100
this, that kind of goes hand

528
00:24:32,100 --> 00:24:33,100
in hand

529
00:24:33,100 --> 00:24:35,401
with condition 4's suggestion

530
00:24:39,100 --> 00:24:41,100
at the top. Condition 60N,

531
00:24:41,100 --> 00:24:43,100
this one has to do

532
00:24:43,100 --> 00:24:44,100
with ground cover. So the

533
00:24:44,100 --> 00:24:45,100
suggestion was replacing the

534
00:24:45,100 --> 00:24:47,100
first sentence to say that

535
00:24:47,100 --> 00:24:48,100
ground cover shall be of live

536
00:24:48,100 --> 00:24:50,100
plant material and will be

537
00:24:50,100 --> 00:24:51,100
designed and planted

538
00:24:51,100 --> 00:24:52,100
to achieve

539
00:24:52,100 --> 00:24:53,100
at least 75% coverage

540
00:24:53,100 --> 00:24:54,100
at least three years

541
00:24:54,100 --> 00:24:57,100
from planting. So the code

542
00:24:57,100 --> 00:24:58,100
already requires that plantings

543
00:24:58,100 --> 00:25:00,100
reach their maximum ground

544
00:25:00,100 --> 00:25:01,100
coverage potential

545
00:25:01,100 --> 00:25:02,100
within three years. And the

546
00:25:02,100 --> 00:25:04,100
code requires complete

547
00:25:04,100 --> 00:25:06,100
coverage. The OASIS Road

548
00:25:06,100 --> 00:25:07,100
specific plan,

549
00:25:07,100 --> 00:25:09,100
as far as I could tell and

550
00:25:09,100 --> 00:25:10,100
could find, doesn't change that

551
00:25:10,100 --> 00:25:12,100
requirement. And I was not able

552
00:25:12,100 --> 00:25:13,100
to find any basis

553
00:25:13,100 --> 00:25:14,100
for a 75% coverage three years

554
00:25:14,100 --> 00:25:16,100
from planting versus full

555
00:25:16,100 --> 00:25:17,100
coverage. So it's true that due

556
00:25:17,100 --> 00:25:19,100
to

557
00:25:19,100 --> 00:25:20,100
like state water regulations,

558
00:25:20,100 --> 00:25:21,100
there's some constraints

559
00:25:21,100 --> 00:25:22,100
on developments to,

560
00:25:22,100 --> 00:25:24,100
with regards

561
00:25:30,100 --> 00:25:32,100
to their water usage. And so we

562
00:25:32,100 --> 00:25:33,100
have become a little more,

563
00:25:33,100 --> 00:25:34,100
I don't think relax is the

564
00:25:34,100 --> 00:25:36,100
word, I guess would be strict

565
00:25:36,100 --> 00:25:39,601
in terms of, with water usage.

566
00:25:40,100 --> 00:25:42,100
But we haven't

567
00:25:42,100 --> 00:25:43,100
required 100% coverage. We

568
00:25:43,100 --> 00:25:44,100
require kind of substantial, as

569
00:25:44,100 --> 00:25:45,100
long as it looks good and you

570
00:25:45,100 --> 00:25:46,100
know you have the right kind

571
00:25:46,100 --> 00:25:47,100
of hardscaping integrated

572
00:25:47,100 --> 00:25:49,100
with it to meet state water

573
00:25:49,100 --> 00:25:50,100
requirements. And we are

574
00:25:50,100 --> 00:25:52,401
flexible. But in terms

575
00:25:53,100 --> 00:25:55,100
of adding a 75% coverage, it

576
00:25:55,100 --> 00:25:57,100
wasn't clear why that would

577
00:25:57,100 --> 00:26:00,100
need to be spelled out

578
00:26:00,100 --> 00:26:01,100
in the conditions

579
00:26:01,100 --> 00:26:03,100
of approval. So staff did not

580
00:26:03,100 --> 00:26:04,100
include the suggested changes

581
00:26:04,100 --> 00:26:06,401
into the draft conditions.

582
00:26:09,100 --> 00:26:10,100
There were some proposed

583
00:26:10,100 --> 00:26:11,100
technical revisions

584
00:26:11,100 --> 00:26:13,100
to condition 66 and 68

585
00:26:13,100 --> 00:26:15,100
of the amendment and condition

586
00:26:15,100 --> 00:26:17,100
23 of the parcel map. These are

587
00:26:17,100 --> 00:26:19,100
just technical changes. A

588
00:26:19,100 --> 00:26:20,100
couple of them were changing

589
00:26:20,100 --> 00:26:22,100
the words air quality element

590
00:26:22,100 --> 00:26:23,100
to natural resources element.

591
00:26:23,100 --> 00:26:25,100
That's been done. And then

592
00:26:25,100 --> 00:26:27,401
adding PM2.5 in addition

593
00:26:29,100 --> 00:26:32,601
to PM10 which was also done.

594
00:26:37,100 --> 00:26:39,100
There were a couple conditions

595
00:26:39,100 --> 00:26:40,100
again, one

596
00:26:40,100 --> 00:26:41,100
on the amendment and one

597
00:26:41,100 --> 00:26:42,100
in the parcel map

598
00:26:42,100 --> 00:26:45,100
for nesting birds. And so

599
00:26:46,100 --> 00:26:48,401
on the amendment conditions.

600
00:26:49,100 --> 00:26:51,100
The language that was

601
00:26:51,100 --> 00:26:53,100
in the permit was what's in the

602
00:26:53,100 --> 00:26:55,100
mitigation monitoring program.

603
00:26:56,100 --> 00:26:57,100
The suggested language

604
00:26:57,100 --> 00:27:00,100
essentially is kind of updated

605
00:27:00,100 --> 00:27:01,100
language again a lateral change

606
00:27:01,100 --> 00:27:03,100
that it doesn't literally say

607
00:27:03,100 --> 00:27:05,100
the same thing,

608
00:27:05,100 --> 00:27:06,100
but essentially

609
00:27:06,100 --> 00:27:07,100
in a nutshell, it kind

610
00:27:07,100 --> 00:27:08,100
of says the same thing. It's

611
00:27:08,100 --> 00:27:10,100
like do nesting bird surveys

612
00:27:10,100 --> 00:27:12,100
per standards. And so we've

613
00:27:12,100 --> 00:27:14,100
changed the language

614
00:27:15,100 --> 00:27:17,100
of condition 71B in the

615
00:27:17,100 --> 00:27:19,100
amendment and then that

616
00:27:19,100 --> 00:27:21,100
language in the parcel map, it

617
00:27:21,100 --> 00:27:23,100
actually was literally already

618
00:27:23,100 --> 00:27:24,100
in there word for word. So we

619
00:27:24,100 --> 00:27:26,100
left that in. So both sets of

620
00:27:26,100 --> 00:27:28,401
conditions now have that

621
00:27:29,100 --> 00:27:31,401
updated nesting bird survey

622
00:27:35,100 --> 00:27:37,100
language. So that concludes

623
00:27:37,100 --> 00:27:38,100
part two. So we'll move on to

624
00:27:38,100 --> 00:27:40,100
the environmental discussion.

625
00:27:40,100 --> 00:27:42,100
So a little background

626
00:27:42,100 --> 00:27:45,100
on that. So again, on July

627
00:27:45,100 --> 00:27:46,100
23, the commission had some

628
00:27:46,100 --> 00:27:47,100
concerns

629
00:27:47,100 --> 00:27:49,100
about the initial addendum

630
00:27:49,100 --> 00:27:51,100
with regards to new species and

631
00:27:51,100 --> 00:27:53,100
our approach and our

632
00:27:53,100 --> 00:27:54,100
understanding

633
00:27:54,100 --> 00:27:55,100
of what was required

634
00:27:55,100 --> 00:27:56,100
under CEQA for that analysis

635
00:27:56,100 --> 00:27:58,100
in the addendum. So

636
00:27:58,100 --> 00:27:59,100
after consultation with the

637
00:27:59,100 --> 00:28:01,401
city attorney's office, staff

638
00:28:02,100 --> 00:28:04,100
did request that the applicant

639
00:28:04,100 --> 00:28:06,100
provide some revised biological

640
00:28:06,100 --> 00:28:08,100
and aquatic studies

641
00:28:08,100 --> 00:28:11,601
to update that addendum. So the

642
00:28:14,100 --> 00:28:16,100
findings for those studies have

643
00:28:16,100 --> 00:28:17,100
been incorporated

644
00:28:17,100 --> 00:28:19,100
into the addendum

645
00:28:19,100 --> 00:28:23,100
for the project and we will go

646
00:28:23,100 --> 00:28:24,100
over the environmental right

647
00:28:24,100 --> 00:28:26,100
now. So this is a recap slide.

648
00:28:26,100 --> 00:28:28,100
So the EIR again the project

649
00:28:28,100 --> 00:28:30,100
had a EIR done and adopted in

650
00:28:30,100 --> 00:28:32,401
2005, April of 2005. The EIR

651
00:28:34,100 --> 00:28:37,100
did identify wetlands on site

652
00:28:37,100 --> 00:28:38,100
and mitigation measures were

653
00:28:38,100 --> 00:28:41,100
and are required. And this

654
00:28:44,100 --> 00:28:46,100
exhibit shows just where some

655
00:28:46,100 --> 00:28:47,100
of the wetlands are. And I

656
00:28:47,100 --> 00:28:48,100
found this kind of funny. This

657
00:28:48,100 --> 00:28:50,100
is a copy error. It is not a

658
00:28:50,100 --> 00:28:51,100
giant wetland

659
00:28:51,100 --> 00:28:52,100
through the property. This is

660
00:28:52,100 --> 00:28:54,100
just a photocopy. So disregard

661
00:28:54,100 --> 00:28:57,100
that. No need for alarm.

662
00:28:57,100 --> 00:28:59,100
But yeah. So the conclusion is

663
00:28:59,100 --> 00:29:00,100
that the amendment is much

664
00:29:00,100 --> 00:29:01,100
less impactful

665
00:29:01,100 --> 00:29:03,100
on the environment due

666
00:29:03,100 --> 00:29:06,100
to not filling in the creek or

667
00:29:06,100 --> 00:29:07,100
the intermittent drainage. I

668
00:29:07,100 --> 00:29:08,100
should say not filling in that

669
00:29:08,100 --> 00:29:10,401
intermittent drainage area due

670
00:29:14,100 --> 00:29:16,100
to just its scope and size

671
00:29:16,100 --> 00:29:18,100
being smaller. The off site,

672
00:29:18,100 --> 00:29:20,100
not off site, but adjacent

673
00:29:20,100 --> 00:29:22,100
to the site, the street

674
00:29:22,100 --> 00:29:24,100
improvements being smaller. So

675
00:29:24,100 --> 00:29:25,100
staff prepared an addendum

676
00:29:25,100 --> 00:29:28,601
for the project. So in terms

677
00:29:30,100 --> 00:29:33,100
of the new biological factors.

678
00:29:33,100 --> 00:29:34,100
Madrone Ecological Consulting

679
00:29:34,100 --> 00:29:36,100
did prepare a memo, a

680
00:29:36,100 --> 00:29:38,100
Biological Resource

681
00:29:38,100 --> 00:29:40,100
Assessment, which is BRA and an

682
00:29:40,100 --> 00:29:42,100
Aquatic Resource Delineation,

683
00:29:42,100 --> 00:29:45,100
which is the ERD. They

684
00:29:45,100 --> 00:29:47,100
identified seven newly listed

685
00:29:47,100 --> 00:29:49,100
species with the potential

686
00:29:49,100 --> 00:29:51,100
to occur on site. We wanted

687
00:29:51,100 --> 00:29:54,100
to analyze for newly listed

688
00:29:54,100 --> 00:29:56,100
species because that's what

689
00:29:56,100 --> 00:29:59,100
would count in terms of

690
00:30:00,100 --> 00:30:02,100
assessing whether or not a

691
00:30:02,100 --> 00:30:04,401
subsequent EIR or A

692
00:30:06,100 --> 00:30:07,100
supplemental EIR would be

693
00:30:07,100 --> 00:30:09,100
needed. So we went

694
00:30:09,100 --> 00:30:11,100
through that analysis. Spoiler

695
00:30:11,100 --> 00:30:12,100
alert. Staff feels that we're

696
00:30:12,100 --> 00:30:14,100
still in addendum territory,

697
00:30:14,100 --> 00:30:16,100
but I'd like to go

698
00:30:16,100 --> 00:30:18,401
over those findings briefly.

699
00:30:19,100 --> 00:30:20,100
So they identified Shasta

700
00:30:20,100 --> 00:30:22,100
Snow Wreath, which is a shrub,

701
00:30:22,100 --> 00:30:23,100
as having the potential

702
00:30:23,100 --> 00:30:26,100
to occur on site. Although it's

703
00:30:26,100 --> 00:30:28,401
a newly listed species

704
00:30:29,100 --> 00:30:32,100
in terms of its candidacy

705
00:30:32,100 --> 00:30:35,100
for endangered species, it was

706
00:30:35,100 --> 00:30:36,100
already considered a special

707
00:30:36,100 --> 00:30:38,100
status species under CEQA

708
00:30:38,100 --> 00:30:40,100
at the time of the original EIR

709
00:30:40,100 --> 00:30:42,100
because it was listed by the

710
00:30:42,100 --> 00:30:44,100
California Native Plant society

711
00:30:44,100 --> 00:30:46,100
as a rank 1B2 California rare

712
00:30:46,100 --> 00:30:47,100
plant. It was

713
00:30:47,100 --> 00:30:48,100
already

714
00:30:48,100 --> 00:30:50,100
on the radar and considered

715
00:30:50,100 --> 00:30:52,100
under CEQA,

716
00:30:52,100 --> 00:30:54,100
even though it kind

717
00:30:54,100 --> 00:30:56,100
of counts as newly listed, it

718
00:30:56,100 --> 00:30:57,100
was already considered and was

719
00:30:57,100 --> 00:30:59,100
a special status species at the

720
00:30:59,100 --> 00:31:01,100
time the original EIR was

721
00:31:01,100 --> 00:31:03,100
adopted out of an abundance

722
00:31:03,100 --> 00:31:04,100
of caution due to the age

723
00:31:04,100 --> 00:31:06,100
of the EIR, an avoidance and

724
00:31:06,100 --> 00:31:08,100
minimization measure for all

725
00:31:08,100 --> 00:31:10,100
special plant species

726
00:31:11,100 --> 00:31:13,100
identified in the EIR as having

727
00:31:13,100 --> 00:31:14,100
the potential

728
00:31:14,100 --> 00:31:15,100
to occur has been added

729
00:31:15,100 --> 00:31:16,100
to the conditions

730
00:31:16,100 --> 00:31:17,100
of approval. Again, the

731
00:31:17,100 --> 00:31:18,100
original EIR looked

732
00:31:18,100 --> 00:31:19,100
for plants, didn't find them.

733
00:31:19,100 --> 00:31:20,100
There was some potential

734
00:31:20,100 --> 00:31:21,100
to occur, but they looked and

735
00:31:21,100 --> 00:31:22,100
they weren't there. So they

736
00:31:22,100 --> 00:31:23,100
didn't mitigate for them. So

737
00:31:23,100 --> 00:31:24,000
the only change is that we're

738
00:31:24,000 --> 00:31:25,100
clarifying that, okay,

739
00:31:25,100 --> 00:31:26,100
because it's old, we're

740
00:31:26,100 --> 00:31:27,100
refreshing and adding

741
00:31:27,100 --> 00:31:28,100
minimization and avoidance

742
00:31:28,100 --> 00:31:30,100
measures so that we have those

743
00:31:30,100 --> 00:31:31,100
pre construction surveys

744
00:31:31,100 --> 00:31:33,401
for special status plants

745
00:31:34,100 --> 00:31:36,100
within two years

746
00:31:36,100 --> 00:31:39,100
of development. So it's merely

747
00:31:39,100 --> 00:31:40,100
a clarification. There's no

748
00:31:40,100 --> 00:31:42,100
real new information there.

749
00:31:42,100 --> 00:31:44,401
We're just refreshing those

750
00:31:46,100 --> 00:31:48,100
contingencies because the EIR

751
00:31:48,100 --> 00:31:51,100
is 20 years old. Next was the

752
00:31:51,100 --> 00:31:54,100
Grasshopper Sparrow. This is a

753
00:31:54,100 --> 00:31:56,100
sparrow. It's a bird. It does

754
00:31:56,100 --> 00:31:57,100
have the potential to occur

755
00:31:57,100 --> 00:31:59,100
on site. Even though no

756
00:31:59,100 --> 00:32:01,100
suitable habitat was identified

757
00:32:01,100 --> 00:32:04,100
for this species, the typical

758
00:32:06,100 --> 00:32:08,401
nesting bird survey condition

759
00:32:09,100 --> 00:32:11,100
would apply. So no new

760
00:32:11,100 --> 00:32:13,401
condition would be required

761
00:32:14,100 --> 00:32:15,100
to mitigate for this. It's

762
00:32:15,100 --> 00:32:17,100
basically already mitigated

763
00:32:17,100 --> 00:32:19,100
for. So we can go a little

764
00:32:19,100 --> 00:32:21,401
slower. Michelle, thank you.

765
00:32:26,100 --> 00:32:28,100
The third species, Crotches

766
00:32:28,100 --> 00:32:30,100
bumblebee. So Crotches

767
00:32:31,100 --> 00:32:33,100
bumblebee,

768
00:32:33,100 --> 00:32:35,100
there's the potential for it

769
00:32:35,100 --> 00:32:36,100
to exist on site. It's a

770
00:32:36,100 --> 00:32:38,401
candidate species for listing

771
00:32:39,100 --> 00:32:40,100
under the California

772
00:32:40,100 --> 00:32:41,100
Endangered Species act, or

773
00:32:41,100 --> 00:32:42,100
CESA. CESA requires protocol

774
00:32:42,100 --> 00:32:43,100
level surveys and consultation

775
00:32:43,100 --> 00:32:44,100
with fish and wildlife

776
00:32:44,100 --> 00:32:45,100
with a positive finding even

777
00:32:45,100 --> 00:32:47,100
for candidate species. So

778
00:32:47,100 --> 00:32:49,100
whether or not this project

779
00:32:49,100 --> 00:32:51,100
were to mitigate for, you know,

780
00:32:51,100 --> 00:32:53,100
were to officially mitigate

781
00:32:53,100 --> 00:32:55,100
for Crotches bumblebee, it's

782
00:32:55,100 --> 00:32:57,100
the law that those surveys

783
00:32:57,100 --> 00:32:59,100
would have to be done

784
00:32:59,100 --> 00:33:01,100
at the state level. So out

785
00:33:01,100 --> 00:33:04,100
of an abundance of caution,

786
00:33:04,100 --> 00:33:06,100
we've added the avoidance and

787
00:33:06,100 --> 00:33:07,100
minimization measure.

788
00:33:07,100 --> 00:33:09,100
Requiring surveys

789
00:33:09,100 --> 00:33:11,100
for crotches bumblebee. But

790
00:33:11,100 --> 00:33:13,100
it's officially incorporating a

791
00:33:13,100 --> 00:33:14,100
new mitigation measure was not

792
00:33:14,100 --> 00:33:16,100
necessary since it's actually

793
00:33:16,100 --> 00:33:18,100
the law regardless. So we are

794
00:33:18,100 --> 00:33:19,100
taking the right steps. The

795
00:33:19,100 --> 00:33:21,100
project incorporates those

796
00:33:21,100 --> 00:33:22,100
measures,

797
00:33:22,100 --> 00:33:24,100
but there was no need to

798
00:33:24,100 --> 00:33:25,100
to do a supplemental EIR for

799
00:33:25,100 --> 00:33:27,100
that because it's already

800
00:33:27,100 --> 00:33:28,100
covered under state law. The

801
00:33:28,100 --> 00:33:30,100
monarch butterfly,

802
00:33:30,100 --> 00:33:33,100
similar story. It is a

803
00:33:33,100 --> 00:33:35,100
federally listed candidate

804
00:33:36,100 --> 00:33:38,100
species. There's milkweed

805
00:33:38,100 --> 00:33:40,100
on site, and milkweed is their

806
00:33:40,100 --> 00:33:42,100
preferred plant

807
00:33:42,100 --> 00:33:45,100
for eggs and larvae production.

808
00:33:48,100 --> 00:33:50,100
So one of the differences

809
00:33:50,100 --> 00:33:51,100
between the California

810
00:33:51,100 --> 00:33:53,100
Endangered Species act and the

811
00:33:53,100 --> 00:33:54,100
federal Endangered Species act

812
00:33:54,100 --> 00:33:55,100
are just the regular

813
00:33:55,100 --> 00:33:56,100
Endangered Species act is that

814
00:33:56,100 --> 00:33:58,100
candidate species under the

815
00:33:58,100 --> 00:33:59,100
federal act don't receive any

816
00:33:59,100 --> 00:34:00,100
protections

817
00:34:00,100 --> 00:34:03,100
at the federal level. There's

818
00:34:03,100 --> 00:34:05,100
also no guarantee under CEQA

819
00:34:05,100 --> 00:34:07,401
that federal candidate species

820
00:34:08,100 --> 00:34:10,100
would receive any further

821
00:34:10,100 --> 00:34:12,100
protection. Nonetheless, best

822
00:34:13,100 --> 00:34:14,100
practices and out

823
00:34:14,100 --> 00:34:16,100
of an abundance of caution,

824
00:34:16,100 --> 00:34:18,100
staff has moved forward and

825
00:34:18,100 --> 00:34:20,100
taken the biologist suggestion

826
00:34:20,100 --> 00:34:21,100
and we've added a avoidance and

827
00:34:21,100 --> 00:34:23,100
minimization measures into the

828
00:34:23,100 --> 00:34:25,100
project conditions requiring

829
00:34:28,100 --> 00:34:30,100
those surveys for monarch

830
00:34:30,100 --> 00:34:32,100
butterfly eggs and larvae. And

831
00:34:32,100 --> 00:34:33,100
we've added those

832
00:34:33,100 --> 00:34:35,100
into the conditions

833
00:34:35,100 --> 00:34:36,100
of approval. Again, no need

834
00:34:36,100 --> 00:34:38,100
to add those into the formal

835
00:34:38,100 --> 00:34:40,401
mitigation measures, but out

836
00:34:41,100 --> 00:34:43,100
of an abundance of caution, we

837
00:34:43,100 --> 00:34:44,100
have, you know, strived to do

838
00:34:44,100 --> 00:34:46,100
the right thing and added them

839
00:34:46,100 --> 00:34:48,100
into the project conditions.

840
00:34:48,100 --> 00:34:50,401
Western spadefoot toad. So

841
00:34:51,100 --> 00:34:52,100
western spadefoot was listed as

842
00:34:52,100 --> 00:34:55,100
a species of special concern

843
00:34:57,100 --> 00:34:58,100
in 1994. And so this species

844
00:34:58,100 --> 00:35:00,100
was also analyzed

845
00:35:00,100 --> 00:35:01,100
with the original EIR. There

846
00:35:01,100 --> 00:35:02,100
were several indications that

847
00:35:02,100 --> 00:35:04,100
the species wasn't present

848
00:35:04,100 --> 00:35:05,100
on site. And because of that,

849
00:35:05,100 --> 00:35:06,100
no mitigation measures were

850
00:35:06,100 --> 00:35:08,100
actually incorporated

851
00:35:08,100 --> 00:35:09,100
into the project again 20 years

852
00:35:09,100 --> 00:35:11,100
ago. So while it's not expected

853
00:35:11,100 --> 00:35:14,100
to be on site even when, even

854
00:35:14,100 --> 00:35:15,100
with the more recent analysis,

855
00:35:15,100 --> 00:35:17,100
out of an abundance

856
00:35:17,100 --> 00:35:18,100
of caution, again, avoidance

857
00:35:18,100 --> 00:35:19,100
and minimization measures

858
00:35:19,100 --> 00:35:20,100
for the toad have been added

859
00:35:20,100 --> 00:35:21,100
to the conditions

860
00:35:21,100 --> 00:35:22,100
of approval. And again,

861
00:35:22,100 --> 00:35:23,100
I just want

862
00:35:23,100 --> 00:35:24,100
to reiterate that these things,

863
00:35:24,100 --> 00:35:26,100
they're not adding any new

864
00:35:26,100 --> 00:35:27,100
information, really. We're just

865
00:35:27,100 --> 00:35:28,100
kind

866
00:35:28,100 --> 00:35:29,100
of refreshing the conditions

867
00:35:29,100 --> 00:35:30,100
of approval

868
00:35:30,100 --> 00:35:31,100
to make sure that we stay

869
00:35:31,100 --> 00:35:32,100
in lockstep

870
00:35:32,100 --> 00:35:34,100
with that original EIR

871
00:35:34,100 --> 00:35:36,100
with the current amendment.

872
00:35:36,100 --> 00:35:37,100
Same thing for the

873
00:35:37,100 --> 00:35:39,401
Northwestern pond turtle. Same

874
00:35:40,100 --> 00:35:42,100
year it was designated 1994 as

875
00:35:42,100 --> 00:35:44,100
a species of special concern

876
00:35:44,100 --> 00:35:46,100
by CDFW. So its analysis was

877
00:35:46,100 --> 00:35:47,100
also included

878
00:35:47,100 --> 00:35:49,100
in the original EIR. It's

879
00:35:49,100 --> 00:35:51,100
essentially the same situation.

880
00:35:51,100 --> 00:35:53,100
So we've added avoidance and

881
00:35:53,100 --> 00:35:55,100
minimization measures

882
00:35:55,100 --> 00:35:57,100
into the conditions

883
00:35:57,100 --> 00:36:00,100
of approval, but no need to

884
00:36:00,100 --> 00:36:03,100
change or add any formal

885
00:36:03,100 --> 00:36:04,100
mitigation measures. Number

886
00:36:04,100 --> 00:36:06,100
seven, the last one,

887
00:36:06,100 --> 00:36:09,100
the burrowing owl. So this

888
00:36:10,100 --> 00:36:12,100
again, this has been

889
00:36:12,100 --> 00:36:14,100
on CDFW's list, I believe,

890
00:36:14,100 --> 00:36:16,100
since the 70s in terms of a

891
00:36:16,100 --> 00:36:17,100
Species of special concern. It

892
00:36:17,100 --> 00:36:20,601
was also analyzed in the EIR.

893
00:36:22,100 --> 00:36:23,100
It was not observed on site

894
00:36:23,100 --> 00:36:25,401
during bird surveys 20 years

895
00:36:27,100 --> 00:36:29,100
ago. There's a mitigation

896
00:36:29,100 --> 00:36:30,100
measure which we talked

897
00:36:30,100 --> 00:36:31,100
about before,

898
00:36:31,100 --> 00:36:32,100
mitigation measure A2, which

899
00:36:32,100 --> 00:36:33,100
was originally incorporated

900
00:36:33,100 --> 00:36:34,100
to ensure compliance with,

901
00:36:34,100 --> 00:36:36,100
with the Migratory Bird Treaty

902
00:36:36,100 --> 00:36:37,100
act,

903
00:36:37,100 --> 00:36:38,100
which is nesting bird surveys.

904
00:36:38,100 --> 00:36:40,100
It may have been a slight

905
00:36:40,100 --> 00:36:41,100
oversight 20 years ago because

906
00:36:41,100 --> 00:36:42,100
the burrowing owl,

907
00:36:42,100 --> 00:36:44,100
it burrows. And so there's some

908
00:36:44,100 --> 00:36:46,100
slight differences

909
00:36:46,100 --> 00:36:48,100
in how you need to survey

910
00:36:48,100 --> 00:36:50,100
to detect that bird. And so

911
00:36:50,100 --> 00:36:51,100
just to clarify that and to

912
00:36:51,100 --> 00:36:52,100
strengthen up this project's

913
00:36:52,100 --> 00:36:54,100
approach to protecting all the

914
00:36:54,100 --> 00:36:55,100
birds that the EIR strive

915
00:36:55,100 --> 00:36:56,100
to protect and included

916
00:36:56,100 --> 00:36:58,100
in their analysis, we've added

917
00:36:58,100 --> 00:37:00,100
to the conditions

918
00:37:00,100 --> 00:37:02,401
of approval the measure

919
00:37:03,100 --> 00:37:05,401
for burrowing owl surveys.

920
00:37:06,100 --> 00:37:08,100
Again, this species was

921
00:37:08,100 --> 00:37:11,100
analyzed in the EIR. And our

922
00:37:11,100 --> 00:37:12,100
approach here is that we're

923
00:37:12,100 --> 00:37:14,100
clarifying and refreshing those

924
00:37:14,100 --> 00:37:15,100
conditions of approval

925
00:37:15,100 --> 00:37:16,100
to make sure that we're staying

926
00:37:16,100 --> 00:37:18,100
in step

927
00:37:18,100 --> 00:37:19,100
with what the EIR strived

928
00:37:19,100 --> 00:37:22,100
to do 20 years ago. Aside

929
00:37:22,100 --> 00:37:24,100
from those seven species, there

930
00:37:24,100 --> 00:37:26,100
was a marsh identified that was

931
00:37:26,100 --> 00:37:28,100
not identified 20 years ago.

932
00:37:28,100 --> 00:37:31,601
This marsh is actually at kind

933
00:37:32,100 --> 00:37:34,100
of the corner of Oasis

934
00:37:34,100 --> 00:37:36,100
Road and Gold Hills Drive. If

935
00:37:36,100 --> 00:37:37,100
you go out there, I think you

936
00:37:37,100 --> 00:37:39,100
can see the cattails and stuff

937
00:37:39,100 --> 00:37:41,100
out there still. It's right

938
00:37:41,100 --> 00:37:43,100
there in the southwest corner

939
00:37:43,100 --> 00:37:44,100
of that intersection. It's kind

940
00:37:44,100 --> 00:37:46,100
of far from the project,

941
00:37:46,100 --> 00:37:47,100
but the project may be required

942
00:37:47,100 --> 00:37:49,100
to bring water line from

943
00:37:49,100 --> 00:37:50,100
Bella Vista

944
00:37:50,100 --> 00:37:52,100
for firewater pressure,

945
00:37:53,100 --> 00:37:55,100
for emergency water only. And

946
00:37:55,100 --> 00:37:57,100
there's the possibility that

947
00:37:57,100 --> 00:37:59,401
that emergency water pressure

948
00:38:00,100 --> 00:38:02,100
line from the Bella Vista

949
00:38:02,100 --> 00:38:03,100
hookup over there could run

950
00:38:03,100 --> 00:38:06,100
through this marsh. I imagine

951
00:38:07,100 --> 00:38:08,100
the project would try

952
00:38:08,100 --> 00:38:09,100
to avoid it

953
00:38:09,100 --> 00:38:11,100
in the first place.

954
00:38:11,100 --> 00:38:13,100
Nonetheless, the existing

955
00:38:13,100 --> 00:38:15,100
mitigation measures

956
00:38:16,100 --> 00:38:17,100
for jurisdictional waters,

957
00:38:17,100 --> 00:38:19,100
waters

958
00:38:19,100 --> 00:38:20,100
of the state and waters of,

959
00:38:20,100 --> 00:38:22,100
of the US would still apply

960
00:38:22,100 --> 00:38:23,100
to this, to this wetland. And

961
00:38:23,100 --> 00:38:24,100
so existing mitigation measures

962
00:38:24,100 --> 00:38:26,401
already cover that newly

963
00:38:27,100 --> 00:38:29,401
identified marsh. So the

964
00:38:30,100 --> 00:38:32,100
takeaways here is that the

965
00:38:32,100 --> 00:38:33,100
project is still found

966
00:38:33,100 --> 00:38:34,100
to be less impactful

967
00:38:34,100 --> 00:38:36,100
in the environment.

968
00:38:36,100 --> 00:38:37,100
With the amendment, no new

969
00:38:37,100 --> 00:38:38,100
major mitigation measures are

970
00:38:38,100 --> 00:38:40,100
needed and clarifications and

971
00:38:40,100 --> 00:38:41,100
avoidance and minimization

972
00:38:41,100 --> 00:38:42,100
measures added to the project

973
00:38:42,100 --> 00:38:44,100
conditions adequately address

974
00:38:44,100 --> 00:38:45,100
CEQA without the need

975
00:38:45,100 --> 00:38:48,601
for a supplemental EIR. So that

976
00:38:50,100 --> 00:38:51,100
was kind of section three. So

977
00:38:51,100 --> 00:38:54,100
we're going to move kind of

978
00:38:54,100 --> 00:38:55,100
to the stuff at the end here.

979
00:38:55,100 --> 00:38:57,100
The coda, if you will. So,

980
00:38:57,100 --> 00:38:59,401
public comments again, I

981
00:39:00,100 --> 00:39:02,100
believe I received one inquiry

982
00:39:02,100 --> 00:39:03,100
where somebody was just

983
00:39:03,100 --> 00:39:05,100
interested. I think they might

984
00:39:05,100 --> 00:39:07,100
have been with some sort

985
00:39:07,100 --> 00:39:09,100
of firm or something that is,

986
00:39:09,100 --> 00:39:10,100
we're curious about the status

987
00:39:10,100 --> 00:39:11,100
of the project,

988
00:39:11,100 --> 00:39:12,100
but no formal comments,

989
00:39:12,100 --> 00:39:15,100
just more questions. So lastly,

990
00:39:19,100 --> 00:39:23,100
so as you know, the last time

991
00:39:23,100 --> 00:39:24,100
we met was about a month ago,

992
00:39:24,100 --> 00:39:25,100
which,

993
00:39:25,100 --> 00:39:27,100
to get all this analysis done,

994
00:39:27,100 --> 00:39:28,100
to get the biologist and to get

995
00:39:28,100 --> 00:39:30,100
staff and city attorney and to

996
00:39:30,100 --> 00:39:31,100
get the staff report together

997
00:39:31,100 --> 00:39:32,100
and to get,

998
00:39:32,100 --> 00:39:34,100
get all this prepared

999
00:39:34,100 --> 00:39:36,100
for you guys today. And that

1000
00:39:36,100 --> 00:39:37,100
with that amount

1001
00:39:37,100 --> 00:39:38,100
of turnaround time,

1002
00:39:38,100 --> 00:39:39,100
inevitably there are bound

1003
00:39:39,100 --> 00:39:40,100
to be some things that needed

1004
00:39:40,100 --> 00:39:41,100
to be fixed in post. So here's

1005
00:39:41,100 --> 00:39:42,100
the list

1006
00:39:42,100 --> 00:39:43,100
of recommended changes

1007
00:39:43,100 --> 00:39:45,100
to the attachments. So if,

1008
00:39:45,100 --> 00:39:47,100
if there's a motion made

1009
00:39:47,100 --> 00:39:48,100
to approve the project tonight,

1010
00:39:48,100 --> 00:39:51,100
if we could include these

1011
00:39:51,100 --> 00:39:53,100
changes, would be

1012
00:39:53,100 --> 00:39:55,100
staff's recommendation. The

1013
00:39:55,100 --> 00:39:58,100
first thing would be we added

1014
00:39:58,100 --> 00:39:59,100
an indemnification condition

1015
00:39:59,100 --> 00:40:02,100
to the permit. This is

1016
00:40:02,100 --> 00:40:04,401
something that in working

1017
00:40:06,100 --> 00:40:08,100
with our city attorney, this is

1018
00:40:08,100 --> 00:40:10,100
something that is standard

1019
00:40:10,100 --> 00:40:11,100
in other jurisdictions

1020
00:40:11,100 --> 00:40:14,100
for every project. And so we're

1021
00:40:14,100 --> 00:40:15,100
looking

1022
00:40:15,100 --> 00:40:17,100
at potentially moving forward.

1023
00:40:17,100 --> 00:40:18,100
Maybe this is just me,

1024
00:40:18,100 --> 00:40:19,100
this is not an official thing,

1025
00:40:19,100 --> 00:40:20,100
but it seems that this might be

1026
00:40:20,100 --> 00:40:22,100
something we want to look into

1027
00:40:22,100 --> 00:40:23,100
doing as a standard condition

1028
00:40:23,100 --> 00:40:25,100
moving forward

1029
00:40:25,100 --> 00:40:27,100
for future projects. But so

1030
00:40:27,100 --> 00:40:30,100
we've added that here and that

1031
00:40:30,100 --> 00:40:32,100
condition is in order

1032
00:40:32,100 --> 00:40:33,100
to get the,

1033
00:40:33,100 --> 00:40:34,100
in the staff report, it's put

1034
00:40:34,100 --> 00:40:35,100
as condition four because

1035
00:40:35,100 --> 00:40:36,100
that's kind

1036
00:40:36,100 --> 00:40:37,100
of where it belongs in terms

1037
00:40:37,100 --> 00:40:38,100
of its importance and kind

1038
00:40:38,100 --> 00:40:39,100
of having it at the top. The

1039
00:40:39,100 --> 00:40:41,100
thing is,

1040
00:40:41,100 --> 00:40:42,100
is that when I was doing the

1041
00:40:42,100 --> 00:40:43,100
PowerPoint presentation,

1042
00:40:43,100 --> 00:40:44,100
realizing that it kind

1043
00:40:44,100 --> 00:40:45,100
of threw all the numbering off

1044
00:40:45,100 --> 00:40:47,100
for everything. So I could

1045
00:40:47,100 --> 00:40:49,100
either A, go change a bunch

1046
00:40:49,100 --> 00:40:50,100
of numbers and a bunch

1047
00:40:50,100 --> 00:40:51,100
of attachments,

1048
00:40:51,100 --> 00:40:52,100
which could lead to a bunch

1049
00:40:52,100 --> 00:40:54,100
of problems, or B, just move

1050
00:40:54,100 --> 00:40:55,100
the indemnification condition

1051
00:40:55,100 --> 00:40:57,100
to the end of the conditions

1052
00:40:57,100 --> 00:40:58,100
of approval

1053
00:40:58,100 --> 00:41:00,100
for the amendment and

1054
00:41:00,100 --> 00:41:02,100
for the parcel map. So long

1055
00:41:02,100 --> 00:41:03,100
story short, what I'm trying to

1056
00:41:03,100 --> 00:41:05,100
say is staff recommends moving

1057
00:41:05,100 --> 00:41:06,100
the indemnification condition

1058
00:41:06,100 --> 00:41:07,100
to the last condition in both

1059
00:41:07,100 --> 00:41:09,100
of those sets of conditions

1060
00:41:09,100 --> 00:41:12,100
of approval. Number two, in

1061
00:41:12,100 --> 00:41:13,100
that indemnification condition,

1062
00:41:13,100 --> 00:41:15,100
staff recommends striking the

1063
00:41:15,100 --> 00:41:17,100
following language. There's

1064
00:41:17,100 --> 00:41:19,100
some language in there

1065
00:41:19,100 --> 00:41:20,100
at the end of a sentence that

1066
00:41:20,100 --> 00:41:22,100
says or the applicant's

1067
00:41:22,100 --> 00:41:23,100
exercise of any right granted

1068
00:41:23,100 --> 00:41:25,100
under this approval,

1069
00:41:25,100 --> 00:41:26,100
the applicant took issue

1070
00:41:26,100 --> 00:41:29,100
with that part of the

1071
00:41:29,100 --> 00:41:31,100
condition. I'm not a lawyer,

1072
00:41:31,100 --> 00:41:32,100
so I don't really want

1073
00:41:32,100 --> 00:41:34,100
to speak to it too much,

1074
00:41:34,100 --> 00:41:36,100
but we did run this by the city

1075
00:41:36,100 --> 00:41:38,401
attorney's office and they

1076
00:41:39,100 --> 00:41:41,100
agreed that it was fine

1077
00:41:41,100 --> 00:41:43,100
to remove that. And so we're

1078
00:41:43,100 --> 00:41:45,100
recommending striking that

1079
00:41:45,100 --> 00:41:46,100
language. And then lastly,

1080
00:41:46,100 --> 00:41:48,100
embarrassingly enough,

1081
00:41:48,100 --> 00:41:49,100
there was a copy paste error

1082
00:41:49,100 --> 00:41:50,100
in the last sentence

1083
00:41:50,100 --> 00:41:52,100
of that condition after it has

1084
00:41:52,100 --> 00:41:53,100
all the legalese and

1085
00:41:53,100 --> 00:41:55,100
disclaimers, it talks

1086
00:41:55,100 --> 00:41:57,100
about building elevations.

1087
00:41:57,100 --> 00:41:58,100
That was supposed

1088
00:41:58,100 --> 00:42:00,100
to be a separate condition. So

1089
00:42:00,100 --> 00:42:01,100
if we could strike the last

1090
00:42:01,100 --> 00:42:02,100
sentence from the

1091
00:42:02,100 --> 00:42:04,100
Indemnification condition. I

1092
00:42:04,100 --> 00:42:05,100
will sleep better tonight. And

1093
00:42:05,100 --> 00:42:07,100
lastly,

1094
00:42:07,100 --> 00:42:09,100
the applicant had a chance

1095
00:42:09,100 --> 00:42:11,100
to run our final draft

1096
00:42:11,100 --> 00:42:13,100
of the addendum. They ran it

1097
00:42:13,100 --> 00:42:15,100
by their biologist,

1098
00:42:15,100 --> 00:42:17,100
and there was a suggestion

1099
00:42:17,100 --> 00:42:19,100
to modify the condition for

1100
00:42:19,100 --> 00:42:21,100
Crotch's bumblebee. And so I've

1101
00:42:21,100 --> 00:42:23,401
put the underlined added

1102
00:42:24,100 --> 00:42:26,100
language there in this slide.

1103
00:42:26,100 --> 00:42:27,100
Essentially, that condition

1104
00:42:27,100 --> 00:42:29,100
calls

1105
00:42:30,100 --> 00:42:32,100
for bee surveys according

1106
00:42:32,100 --> 00:42:34,100
to a specific protocol. And the

1107
00:42:34,100 --> 00:42:36,100
biologist suggests that because

1108
00:42:36,100 --> 00:42:37,100
this is a candidate species,

1109
00:42:37,100 --> 00:42:38,100
if

1110
00:42:38,100 --> 00:42:39,100
between now and the time they

1111
00:42:39,100 --> 00:42:41,100
go to do this survey, if that

1112
00:42:41,100 --> 00:42:42,100
species ends up becoming

1113
00:42:42,100 --> 00:42:44,100
formally listed under the

1114
00:42:44,100 --> 00:42:45,100
California Endangered Species

1115
00:42:45,100 --> 00:42:47,100
act, there may be a more recent

1116
00:42:47,100 --> 00:42:49,401
protocol. So this condition,

1117
00:42:50,100 --> 00:42:51,100
they suggested changing it so

1118
00:42:51,100 --> 00:42:53,100
that we have the flexibility to

1119
00:42:53,100 --> 00:42:54,100
require a more recent protocol

1120
00:42:54,100 --> 00:42:56,100
if published. And then also

1121
00:42:56,100 --> 00:42:57,100
in that condition, they

1122
00:42:57,100 --> 00:42:59,401
suggested specifying that the

1123
00:43:00,100 --> 00:43:01,100
surveys are looking for

1124
00:43:01,100 --> 00:43:03,100
bumblebee nests and not

1125
00:43:03,100 --> 00:43:05,100
individual bees. Their

1126
00:43:05,100 --> 00:43:06,100
reasoning was the individual

1127
00:43:06,100 --> 00:43:08,100
bees with the ground disturbing

1128
00:43:08,100 --> 00:43:10,100
activities will leave the area,

1129
00:43:10,100 --> 00:43:13,100
whereas nests are there. And so

1130
00:43:13,100 --> 00:43:14,100
what you're really doing is

1131
00:43:14,100 --> 00:43:15,100
looking

1132
00:43:15,100 --> 00:43:16,100
for nests and mitigating

1133
00:43:16,100 --> 00:43:18,100
for nests. So, upon the

1134
00:43:18,100 --> 00:43:20,100
biologist's recommendation,

1135
00:43:20,100 --> 00:43:22,401
we propose those changes

1136
00:43:23,100 --> 00:43:24,100
to the draft conditions

1137
00:43:24,100 --> 00:43:27,601
of approval in both sets. So

1138
00:43:28,100 --> 00:43:30,100
with that in conclusion,

1139
00:43:30,100 --> 00:43:31,100
an addendum

1140
00:43:31,100 --> 00:43:32,100
to the EIR has been completed

1141
00:43:32,100 --> 00:43:34,100
for the project. Appropriate

1142
00:43:34,100 --> 00:43:35,100
mitigation measures remain

1143
00:43:35,100 --> 00:43:36,100
incorporated and additional

1144
00:43:36,100 --> 00:43:37,100
avoidance and minimization

1145
00:43:37,100 --> 00:43:38,100
measures added

1146
00:43:38,100 --> 00:43:39,100
to the conditions

1147
00:43:39,100 --> 00:43:41,100
of approval. And staff

1148
00:43:41,100 --> 00:43:42,100
recommends determining that the

1149
00:43:42,100 --> 00:43:43,100
findings are in evidence,

1150
00:43:43,100 --> 00:43:44,100
adopting the addendum

1151
00:43:44,100 --> 00:43:45,100
to the previously certified EIR

1152
00:43:45,100 --> 00:43:47,100
for up 2302, and approving this

1153
00:43:47,100 --> 00:43:49,100
application subject

1154
00:43:49,100 --> 00:43:50,100
to the draft conditions

1155
00:43:50,100 --> 00:43:51,100
of approval

1156
00:43:51,100 --> 00:43:52,100
with the proposed changes

1157
00:43:52,100 --> 00:43:53,100
from the previous slide. And

1158
00:43:53,100 --> 00:43:54,100
I'm available

1159
00:43:54,100 --> 00:43:57,100
for any questions. Thank you.

1160
00:43:57,100 --> 00:43:58,100
>> Thank you, Mr. Castro. I'm

1161
00:43:58,100 --> 00:43:59,100
going to open it up

1162
00:43:59,100 --> 00:44:01,100
for commissioner comments,

1163
00:44:04,100 --> 00:44:07,100
please. Anyone? No? Okay, good

1164
00:44:10,100 --> 00:44:12,100
job. Looks like there are none

1165
00:44:12,100 --> 00:44:13,100
at this time. So now I will

1166
00:44:13,100 --> 00:44:14,100
open up the public comment.

1167
00:44:14,100 --> 00:44:17,100
Are there any cards for that,

1168
00:44:17,100 --> 00:44:20,100
seeing that there are none?

1169
00:44:20,100 --> 00:44:21,100
Okay. We do have someone who

1170
00:44:21,100 --> 00:44:24,601
would like to speak. If you

1171
00:44:25,100 --> 00:44:26,100
could give us your name when

1172
00:44:26,100 --> 00:44:27,100
you get to the podium,

1173
00:44:27,100 --> 00:44:29,100
please.

1174
00:44:31,100 --> 00:44:32,100
>> I sure will. Thank you. I'll

1175
00:44:32,100 --> 00:44:33,100
keep it brief. My name is

1176
00:44:33,100 --> 00:44:35,100
Michael Schumacher. I represent

1177
00:44:35,100 --> 00:44:37,100
the ownership group and serve

1178
00:44:37,100 --> 00:44:39,100
as the manager of the LLC that

1179
00:44:39,100 --> 00:44:41,100
owns the property. Good

1180
00:44:41,100 --> 00:44:43,100
evening, planning commissioners

1181
00:44:43,100 --> 00:44:44,100
and city staff. I just wanted

1182
00:44:44,100 --> 00:44:46,100
to take a moment

1183
00:44:46,100 --> 00:44:48,100
to express our gratitude for

1184
00:44:48,100 --> 00:44:50,100
the time and effort that you're

1185
00:44:50,100 --> 00:44:51,100
putting forward to hear our

1186
00:44:51,100 --> 00:44:53,100
project tonight and also

1187
00:44:53,100 --> 00:44:55,100
to recognize all of the effort

1188
00:44:55,100 --> 00:44:56,100
and energy that has gone

1189
00:44:56,100 --> 00:44:58,100
into getting us

1190
00:44:58,100 --> 00:44:59,100
to where we are today. So I

1191
00:44:59,100 --> 00:45:00,100
want to just say thank you. I

1192
00:45:00,100 --> 00:45:02,100
know it's a big lift

1193
00:45:02,100 --> 00:45:03,100
along the way,

1194
00:45:03,100 --> 00:45:05,401
so we're looking forward

1195
00:45:07,100 --> 00:45:09,401
to hopefully being Approved

1196
00:45:10,100 --> 00:45:12,100
for this project. It represents

1197
00:45:12,100 --> 00:45:13,100
not only an advancement

1198
00:45:13,100 --> 00:45:15,100
for the property,

1199
00:45:15,100 --> 00:45:16,100
but more importantly,

1200
00:45:16,100 --> 00:45:17,100
it brings to the neighborhood

1201
00:45:17,100 --> 00:45:18,100
and the region much needed

1202
00:45:18,100 --> 00:45:20,100
services to this part of town

1203
00:45:20,100 --> 00:45:22,100
that don't currently exist. So

1204
00:45:22,100 --> 00:45:23,100
we are looking forward to

1205
00:45:23,100 --> 00:45:26,100
hopefully taking the next step

1206
00:45:26,100 --> 00:45:27,100
and continuing to work with the

1207
00:45:27,100 --> 00:45:29,100
city and advancing the project

1208
00:45:29,100 --> 00:45:32,100
and moving forward. And I'm

1209
00:45:32,100 --> 00:45:33,100
here to answer any questions

1210
00:45:33,100 --> 00:45:34,100
and I'm here

1211
00:45:34,100 --> 00:45:36,100
with my team as well. They're

1212
00:45:36,100 --> 00:45:38,100
easy questions. I can answer

1213
00:45:38,100 --> 00:45:39,100
them potentially. If they're

1214
00:45:39,100 --> 00:45:40,100
difficult questions,

1215
00:45:40,100 --> 00:45:42,100
that'll be my team. So thank

1216
00:45:42,100 --> 00:45:43,100
you for the opportunity

1217
00:45:43,100 --> 00:45:45,100
to say a few words.

1218
00:45:45,100 --> 00:45:46,100
>> Thank you. Michael. Are

1219
00:45:46,100 --> 00:45:47,100
there any questions for him

1220
00:45:47,100 --> 00:45:49,100
before he leaves the podium?

1221
00:45:49,100 --> 00:45:52,100
Okay, thank you. And seeing

1222
00:45:52,100 --> 00:45:53,100
that there are no cards,

1223
00:45:53,100 --> 00:45:54,100
I'm going

1224
00:45:54,100 --> 00:45:56,100
to close the public comment.

1225
00:45:56,100 --> 00:45:57,100
Do we want to bring it back

1226
00:45:57,100 --> 00:45:59,100
to commissioners

1227
00:45:59,100 --> 00:46:02,601
for any comments? No. Do we

1228
00:46:04,100 --> 00:46:06,100
have a motion from any

1229
00:46:06,100 --> 00:46:08,401
of our commissioners? It's

1230
00:46:10,100 --> 00:46:11,100
going to be a long one because

1231
00:46:11,100 --> 00:46:12,100
we got a reference back

1232
00:46:12,100 --> 00:46:13,100
to the slide.

1233
00:46:13,100 --> 00:46:14,100
>> So with permission

1234
00:46:14,100 --> 00:46:16,100
of staff, I'd love to have that

1235
00:46:16,100 --> 00:46:18,100
recommended changes slide put

1236
00:46:18,100 --> 00:46:20,100
back up because that'll make it

1237
00:46:20,100 --> 00:46:23,601
very easy motion. There you go.

1238
00:46:27,100 --> 00:46:28,100
I move approval

1239
00:46:28,100 --> 00:46:30,100
of the staff's recommendation

1240
00:46:30,100 --> 00:46:32,100
with the recommended changes to

1241
00:46:32,100 --> 00:46:34,100
attachment slide as articulated

1242
00:46:34,100 --> 00:46:36,401
by Danny. That's it.

1243
00:46:38,100 --> 00:46:40,100
Everything else is spelled out.

1244
00:46:40,100 --> 00:46:42,100
>> Okay, we have a motion.

1245
00:46:42,100 --> 00:46:43,100
>> Do we have?

1246
00:46:43,100 --> 00:46:44,100
>> I'm happy to second that

1247
00:46:44,100 --> 00:46:45,100
motion.

1248
00:46:45,100 --> 00:46:47,100
>> And we have a second. All

1249
00:46:47,100 --> 00:46:50,100
in favor? Aye. Do we have any

1250
00:46:50,100 --> 00:46:52,401
opposed? Okay, thank you.

1251
00:46:54,100 --> 00:46:56,100
Motion carries. Good job, Mr.

1252
00:46:56,100 --> 00:46:59,100
Castro. I know that was a long

1253
00:46:59,100 --> 00:47:00,100
time spent. And three planning

1254
00:47:00,100 --> 00:47:02,401
commissions later. So item

1255
00:47:03,100 --> 00:47:05,100
number five, public comment

1256
00:47:05,100 --> 00:47:07,100
for any non agenda items within

1257
00:47:07,100 --> 00:47:09,100
the city's jurisdiction and we

1258
00:47:09,100 --> 00:47:10,100
don't have any for that. So I'm

1259
00:47:10,100 --> 00:47:11,100
going

1260
00:47:11,100 --> 00:47:13,100
to close the public comment.

1261
00:47:13,100 --> 00:47:15,100
Bring it back over

1262
00:47:15,100 --> 00:47:17,401
to item six. Commissioner

1263
00:47:18,100 --> 00:47:19,100
comments. Yes, Commissioner

1264
00:47:19,100 --> 00:47:21,100
Miner does.

1265
00:47:21,100 --> 00:47:23,401
>> Yeah, I just wanted

1266
00:47:24,100 --> 00:47:26,401
to say this is

1267
00:47:27,100 --> 00:47:28,100
about the 4A1 item,

1268
00:47:28,100 --> 00:47:30,100
but just wanted

1269
00:47:30,100 --> 00:47:32,100
to say thank you again

1270
00:47:32,100 --> 00:47:33,100
to staff for the hard work and

1271
00:47:33,100 --> 00:47:34,100
getting that

1272
00:47:34,100 --> 00:47:35,100
across the finish line. Also

1273
00:47:35,100 --> 00:47:37,100
for working with the developer

1274
00:47:37,100 --> 00:47:39,100
and whoever else came up. I

1275
00:47:39,100 --> 00:47:40,100
know it was a

1276
00:47:40,100 --> 00:47:42,100
big lift and there was a lot of

1277
00:47:42,100 --> 00:47:44,100
things that were put your guys

1278
00:47:44,100 --> 00:47:47,100
way. So really appreciate it

1279
00:47:47,100 --> 00:47:48,100
and appreciate the

1280
00:47:48,100 --> 00:47:49,100
comprehensive response

1281
00:47:49,100 --> 00:47:51,100
to all the items. So greatly

1282
00:47:51,100 --> 00:47:53,100
appreciated.

1283
00:47:53,100 --> 00:47:54,100
>> Thank you. Okay.

1284
00:47:54,100 --> 00:47:55,100
Commissioner Manuel?

1285
00:47:55,100 --> 00:47:56,100
>> Yeah, I think I'll just

1286
00:47:56,100 --> 00:47:58,100
follow up with that. You know,

1287
00:47:58,100 --> 00:47:59,100
the path of least resistance,

1288
00:47:59,100 --> 00:48:00,100
I think

1289
00:48:00,100 --> 00:48:01,100
for staff would have been

1290
00:48:01,100 --> 00:48:02,100
to require a new permit

1291
00:48:02,100 --> 00:48:04,100
on this. But certainly the

1292
00:48:04,100 --> 00:48:06,100
tactic they took was

1293
00:48:06,100 --> 00:48:08,100
appropriate. It saved the

1294
00:48:08,100 --> 00:48:09,100
developers some time. It's

1295
00:48:09,100 --> 00:48:11,100
certainly saved some money. It

1296
00:48:11,100 --> 00:48:13,100
was a bit of a struggle, as

1297
00:48:13,100 --> 00:48:14,100
Luke pointed out, with the 20

1298
00:48:14,100 --> 00:48:16,100
year old documents trying to

1299
00:48:16,100 --> 00:48:18,100
make sure everything fit

1300
00:48:18,100 --> 00:48:20,100
together. I think we're all

1301
00:48:20,100 --> 00:48:22,100
glad that it did and we can

1302
00:48:22,100 --> 00:48:23,100
move forward. Congratulations

1303
00:48:23,100 --> 00:48:24,100
on your project. I hope it's

1304
00:48:24,100 --> 00:48:26,100
successful.

1305
00:48:27,100 --> 00:48:29,100
>> Thank you. Any other?

1306
00:48:29,100 --> 00:48:31,100
>> Yeah, I just had one. I'll

1307
00:48:31,100 --> 00:48:33,100
echo that same thing

1308
00:48:33,100 --> 00:48:36,100
without repeating it. The other

1309
00:48:36,100 --> 00:48:38,100
area that I would say should be

1310
00:48:38,100 --> 00:48:39,100
put on for consideration is if

1311
00:48:39,100 --> 00:48:42,100
we're going to bring in

1312
00:48:42,100 --> 00:48:44,100
indemnification language and

1313
00:48:44,100 --> 00:48:46,100
start making that part

1314
00:48:46,100 --> 00:48:47,100
of our standard practice, we

1315
00:48:47,100 --> 00:48:49,100
should very quickly move

1316
00:48:49,100 --> 00:48:51,100
towards bringing it in as part

1317
00:48:51,100 --> 00:48:53,100
of our standard conditions

1318
00:48:53,100 --> 00:48:55,100
of approval. Thoroughly vetted

1319
00:48:55,100 --> 00:48:57,100
with a bigger group than this

1320
00:48:57,100 --> 00:48:58,100
looking at it, attorneys

1321
00:48:58,100 --> 00:49:00,100
representing developers and

1322
00:49:01,100 --> 00:49:03,100
implementers looking at it to

1323
00:49:03,100 --> 00:49:05,100
make sure we've refined that as

1324
00:49:05,100 --> 00:49:07,100
carefully as possible. And then

1325
00:49:07,100 --> 00:49:08,100
it should be vetted all the way

1326
00:49:08,100 --> 00:49:10,100
through to where it becomes

1327
00:49:10,100 --> 00:49:11,100
approved standard conditions

1328
00:49:11,100 --> 00:49:13,100
of approval

1329
00:49:13,100 --> 00:49:14,100
like the other standards.

1330
00:49:14,100 --> 00:49:15,100
Because I think it's way too

1331
00:49:15,100 --> 00:49:16,100
important

1332
00:49:16,100 --> 00:49:19,100
to be just an ad hoc item. And

1333
00:49:19,100 --> 00:49:21,100
I'm confident that there'll be

1334
00:49:21,100 --> 00:49:23,100
other situations where, you

1335
00:49:23,100 --> 00:49:26,100
know, every word matters and

1336
00:49:26,100 --> 00:49:29,100
on how open ended is it

1337
00:49:29,100 --> 00:49:31,100
in terms

1338
00:49:31,100 --> 00:49:32,100
of an applicant being response?

1339
00:49:32,100 --> 00:49:33,100
At some point an applicant's

1340
00:49:33,100 --> 00:49:35,100
responsibility has to end when

1341
00:49:35,100 --> 00:49:37,100
the project is built

1342
00:49:37,100 --> 00:49:39,100
and it's

1343
00:49:39,100 --> 00:49:40,100
operating right away

1344
00:49:40,100 --> 00:49:41,100
and that sort of thing. They

1345
00:49:41,100 --> 00:49:43,100
still remain responsible

1346
00:49:43,100 --> 00:49:44,100
for their own development, but

1347
00:49:44,100 --> 00:49:46,100
they should have no liability

1348
00:49:46,100 --> 00:49:47,100
for public right away and

1349
00:49:47,100 --> 00:49:48,100
public facilities. And the

1350
00:49:48,100 --> 00:49:50,100
language is a little

1351
00:49:50,100 --> 00:49:51,100
open-ended-ish. I know from my

1352
00:49:51,100 --> 00:49:53,100
former career the attorneys

1353
00:49:53,100 --> 00:49:55,100
that reviewed contracts

1354
00:49:55,100 --> 00:49:57,100
before I was allowed

1355
00:49:57,100 --> 00:49:59,100
to sign them would have, you

1356
00:49:59,100 --> 00:50:00,100
know,

1357
00:50:00,100 --> 00:50:01,100
expressed some opinions. So.

1358
00:50:01,100 --> 00:50:03,100
Thank you.

1359
00:50:03,100 --> 00:50:04,100
>> Thank you. Commissioner

1360
00:50:04,100 --> 00:50:06,100
Johnson, did you want to say

1361
00:50:06,100 --> 00:50:08,100
something?

1362
00:50:08,100 --> 00:50:09,100
>> I have a couple,

1363
00:50:09,100 --> 00:50:10,100
just a couple of things

1364
00:50:10,100 --> 00:50:12,100
with regard to the process. I

1365
00:50:12,100 --> 00:50:14,100
also appreciate the time spent

1366
00:50:14,100 --> 00:50:16,100
and I was grateful. I think we

1367
00:50:16,100 --> 00:50:17,100
all were nervous. How long will

1368
00:50:17,100 --> 00:50:19,100
it take to get the updated

1369
00:50:19,100 --> 00:50:21,401
report and be able

1370
00:50:22,100 --> 00:50:23,100
to come back here

1371
00:50:23,100 --> 00:50:24,100
and move forward

1372
00:50:24,100 --> 00:50:25,100
for the applicant. But

1373
00:50:25,100 --> 00:50:26,100
appreciate the consultant and

1374
00:50:26,100 --> 00:50:27,100
also the staff that put

1375
00:50:27,100 --> 00:50:28,100
in the time

1376
00:50:28,100 --> 00:50:30,100
to help us get here.

1377
00:50:30,100 --> 00:50:32,100
For my own education,

1378
00:50:32,100 --> 00:50:34,100
I am curious about because we

1379
00:50:34,100 --> 00:50:36,100
referenced the, we called it.

1380
00:50:36,100 --> 00:50:38,100
Did we say the original EIR or

1381
00:50:38,100 --> 00:50:40,100
the old EIR? So maybe the word

1382
00:50:40,100 --> 00:50:43,601
28 year plus. I am curious how

1383
00:50:44,100 --> 00:50:46,100
the 2023, 2045 General Plan

1384
00:50:48,100 --> 00:50:50,100
EIR why that might not have

1385
00:50:50,100 --> 00:50:52,100
been tiered off of that or

1386
00:50:52,100 --> 00:50:54,100
would the project not tier off

1387
00:50:54,100 --> 00:50:56,100
of that as a new environmental

1388
00:50:56,100 --> 00:50:58,100
document to reference because

1389
00:50:58,100 --> 00:51:00,100
they would have maybe looked at

1390
00:51:00,100 --> 00:51:01,100
that site and seen if there are

1391
00:51:01,100 --> 00:51:03,100
any additional mitigation

1392
00:51:03,100 --> 00:51:06,100
measures that we could have

1393
00:51:06,100 --> 00:51:07,100
used or maybe that would have

1394
00:51:07,100 --> 00:51:09,100
helped the city feel a little

1395
00:51:09,100 --> 00:51:11,401
more cozy about this

1396
00:51:12,100 --> 00:51:14,100
amendment So I am curious

1397
00:51:14,100 --> 00:51:17,100
about that. Just, you know,

1398
00:51:17,100 --> 00:51:18,100
if, because I was looking

1399
00:51:18,100 --> 00:51:20,100
through the documents and I

1400
00:51:20,100 --> 00:51:22,100
just couldn't see the reference

1401
00:51:22,100 --> 00:51:24,100
to it.

1402
00:51:25,100 --> 00:51:26,100
But I did look up, you know,

1403
00:51:26,100 --> 00:51:28,401
just there was a

1404
00:51:30,100 --> 00:51:32,100
case called Bowman vs City of

1405
00:51:32,100 --> 00:51:33,100
Petaluma, and it does defer to

1406
00:51:33,100 --> 00:51:35,401
the lead agency's factual

1407
00:51:37,100 --> 00:51:39,100
findings unless the record

1408
00:51:39,100 --> 00:51:41,100
lacks substantial evidence.

1409
00:51:41,100 --> 00:51:43,401
And it seems like

1410
00:51:45,100 --> 00:51:47,401
the indemnification is helpful

1411
00:51:48,100 --> 00:51:50,100
as a stopgap. At the end

1412
00:51:50,100 --> 00:51:51,100
of the day. I do appreciate

1413
00:51:51,100 --> 00:51:53,100
what you're saying that there

1414
00:51:53,100 --> 00:51:54,100
has to be.

1415
00:51:54,100 --> 00:51:56,100
At some point it has

1416
00:51:56,100 --> 00:51:58,100
to come back to right

1417
00:51:58,100 --> 00:51:59,100
of ways and need to, you know,

1418
00:51:59,100 --> 00:52:00,100
we need

1419
00:52:00,100 --> 00:52:02,100
to relinquish the liability

1420
00:52:02,100 --> 00:52:04,100
on the developer at some point

1421
00:52:04,100 --> 00:52:07,601
in the future. So maybe working

1422
00:52:09,100 --> 00:52:11,401
on that. But I

1423
00:52:12,100 --> 00:52:14,401
guess what I'm trying

1424
00:52:16,100 --> 00:52:19,100
to understand is how we can,

1425
00:52:19,100 --> 00:52:21,100
you know,

1426
00:52:21,100 --> 00:52:23,100
I guess maybe avoid something

1427
00:52:23,100 --> 00:52:26,100
like this if other future

1428
00:52:26,100 --> 00:52:27,100
projects come up that are aging

1429
00:52:27,100 --> 00:52:29,100
and they might come up again.

1430
00:52:29,100 --> 00:52:30,100
Can we utilize documentation or

1431
00:52:30,100 --> 00:52:32,100
environmental reviews that have

1432
00:52:32,100 --> 00:52:35,601
been done and maybe have been

1433
00:52:38,100 --> 00:52:39,100
updated to help us and

1434
00:52:39,100 --> 00:52:40,100
to feel better

1435
00:52:40,100 --> 00:52:41,100
about an application?

1436
00:52:41,100 --> 00:52:42,100
Obviously, this one shrunk

1437
00:52:42,100 --> 00:52:44,100
significantly in size,

1438
00:52:45,100 --> 00:52:46,100
which is really helpful.

1439
00:52:46,100 --> 00:52:48,100
Obviously, if it was the other

1440
00:52:48,100 --> 00:52:49,100
direction or maybe remain the

1441
00:52:49,100 --> 00:52:50,100
same, maybe it would have been

1442
00:52:50,100 --> 00:52:52,100
a whole different scenario

1443
00:52:52,100 --> 00:52:55,100
altogether. So that was the

1444
00:52:55,100 --> 00:52:57,100
only other thing. And then the

1445
00:52:57,100 --> 00:52:59,100
other situation with. It seems

1446
00:52:59,100 --> 00:53:01,100
like we answered everything. I

1447
00:53:01,100 --> 00:53:02,100
came in

1448
00:53:02,100 --> 00:53:04,100
with a little more question,

1449
00:53:04,100 --> 00:53:05,100
but I appreciate the deeper

1450
00:53:05,100 --> 00:53:07,100
dive in the description. And I

1451
00:53:07,100 --> 00:53:09,100
just like, okay, this is

1452
00:53:09,100 --> 00:53:11,100
really, really thorough and it

1453
00:53:11,100 --> 00:53:13,100
protects the developer

1454
00:53:13,100 --> 00:53:14,100
in the end, because I'm pro

1455
00:53:14,100 --> 00:53:16,100
property rights and allowing

1456
00:53:16,100 --> 00:53:18,100
development of property

1457
00:53:18,100 --> 00:53:19,100
within the general plan

1458
00:53:19,100 --> 00:53:20,100
in accordance

1459
00:53:20,100 --> 00:53:21,100
with the general plan. And this

1460
00:53:21,100 --> 00:53:24,601
developer is doing that. And we

1461
00:53:26,100 --> 00:53:27,100
don't want to hold them up,

1462
00:53:27,100 --> 00:53:28,100
but we also don't want

1463
00:53:28,100 --> 00:53:29,100
to set them up for failure

1464
00:53:29,100 --> 00:53:30,100
in the future to be

1465
00:53:30,100 --> 00:53:32,100
unnecessarily resisted because

1466
00:53:32,100 --> 00:53:34,100
of some, you know,

1467
00:53:34,100 --> 00:53:36,100
aging documentation. So I think

1468
00:53:36,100 --> 00:53:38,100
the process that.

1469
00:53:38,100 --> 00:53:40,100
Commissioner Manuel, some

1470
00:53:40,100 --> 00:53:42,100
of his suggestions, it was

1471
00:53:42,100 --> 00:53:43,100
at first it was like.

1472
00:53:43,100 --> 00:53:45,100
But I feel

1473
00:53:45,100 --> 00:53:46,100
like we worked it out. So thank

1474
00:53:46,100 --> 00:53:47,100
you for that. So if I can just

1475
00:53:47,100 --> 00:53:48,100
go back to the question, just

1476
00:53:48,100 --> 00:53:49,100
the, you know,

1477
00:53:49,100 --> 00:53:51,100
the tie or tearing off

1478
00:53:51,100 --> 00:53:53,100
of the general plan EIR, was it

1479
00:53:53,100 --> 00:53:54,100
a reason there wasn't reference

1480
00:53:54,100 --> 00:53:56,100
to that?

1481
00:53:56,100 --> 00:53:57,100
>> Yeah, I just. I would keep

1482
00:53:57,100 --> 00:53:59,100
it high level

1483
00:53:59,100 --> 00:54:00,100
for this discussion.

1484
00:54:00,100 --> 00:54:02,100
But we are tearing

1485
00:54:02,100 --> 00:54:04,100
off our new EIR. You've seen

1486
00:54:04,100 --> 00:54:05,100
that

1487
00:54:05,100 --> 00:54:06,100
with some previous approvals

1488
00:54:06,100 --> 00:54:07,100
with our 15183 exemption and

1489
00:54:07,100 --> 00:54:08,100
utilizing that new

1490
00:54:08,100 --> 00:54:10,100
environmental analysis. I think

1491
00:54:10,100 --> 00:54:11,100
in my opinion, for this one,

1492
00:54:11,100 --> 00:54:13,100
the path

1493
00:54:14,100 --> 00:54:16,100
of least resistance was looking

1494
00:54:16,100 --> 00:54:18,100
at the EIR that was certified

1495
00:54:18,100 --> 00:54:19,100
and approved and it made sense

1496
00:54:19,100 --> 00:54:20,100
to pursue the addendum

1497
00:54:20,100 --> 00:54:22,100
in this case. Now that's a

1498
00:54:22,100 --> 00:54:23,100
smoother pathway. I,

1499
00:54:23,100 --> 00:54:24,100
I recognize it still took us,

1500
00:54:24,100 --> 00:54:25,100
you know, a few hearings

1501
00:54:25,100 --> 00:54:26,100
to get here,

1502
00:54:26,100 --> 00:54:27,100
but it was there,

1503
00:54:27,100 --> 00:54:29,100
it was legitimate. There was

1504
00:54:29,100 --> 00:54:31,100
just a few holes we had

1505
00:54:31,100 --> 00:54:32,100
to fill. So it made sense

1506
00:54:32,100 --> 00:54:33,100
from a staff perspective

1507
00:54:33,100 --> 00:54:34,100
to take that approach.

1508
00:54:34,100 --> 00:54:37,601
But we are starting to leverage

1509
00:54:38,100 --> 00:54:40,100
the new general planning EIR

1510
00:54:40,100 --> 00:54:41,100
already on some recent

1511
00:54:41,100 --> 00:54:42,100
approvals and we'll continue

1512
00:54:42,100 --> 00:54:44,100
to tear off it or use

1513
00:54:44,100 --> 00:54:45,100
exemptions as necessary

1514
00:54:45,100 --> 00:54:46,100
to help streamline approvals.

1515
00:54:46,100 --> 00:54:47,100
And then with regard

1516
00:54:47,100 --> 00:54:48,100
to this particular permit,

1517
00:54:48,100 --> 00:54:49,100
it's kind

1518
00:54:49,100 --> 00:54:50,100
of unique that we have this old

1519
00:54:50,100 --> 00:54:51,100
of a use permit on the books,

1520
00:54:51,100 --> 00:54:52,100
at least in my opinion, because

1521
00:54:52,100 --> 00:54:54,100
newer use permits have a three

1522
00:54:54,100 --> 00:54:56,100
year clause and then a one year

1523
00:54:56,100 --> 00:54:57,100
extension and then those

1524
00:54:57,100 --> 00:54:59,100
entitlements will expire. So

1525
00:54:59,100 --> 00:55:01,100
it's pretty unique to have one

1526
00:55:01,100 --> 00:55:02,100
that's this old when it comes

1527
00:55:02,100 --> 00:55:04,100
to subdivision maps and the

1528
00:55:04,100 --> 00:55:05,100
like. You can get extensions

1529
00:55:05,100 --> 00:55:07,100
and get up into the six

1530
00:55:07,100 --> 00:55:08,100
to nine year time frame

1531
00:55:08,100 --> 00:55:09,100
for approval, so those can get

1532
00:55:09,100 --> 00:55:11,100
a little bit older.

1533
00:55:11,100 --> 00:55:13,100
But I don't anticipate us,

1534
00:55:13,100 --> 00:55:14,100
maybe I shouldn't say this on

1535
00:55:14,100 --> 00:55:15,100
the record. I don't anticipate

1536
00:55:15,100 --> 00:55:16,100
seeing this kind of a,

1537
00:55:16,100 --> 00:55:17,100
an approval in the

1538
00:55:17,100 --> 00:55:18,100
near future. It is pretty

1539
00:55:18,100 --> 00:55:19,100
unique in that way. So

1540
00:55:19,100 --> 00:55:20,100
hopefully that gives you some

1541
00:55:20,100 --> 00:55:21,100
high level answers

1542
00:55:21,100 --> 00:55:23,100
to your questions.

1543
00:55:23,100 --> 00:55:25,100
>> Yeah. Thank you.

1544
00:55:26,100 --> 00:55:27,100
>> Okay. Any other comments

1545
00:55:27,100 --> 00:55:29,100
from commissioners? Okay

1546
00:55:29,100 --> 00:55:30,100
with that. We're adjourned.

1547
00:55:30,100 --> 00:55:32,100
Thank you.