[8:11] >> Okay, sorry [8:12] for the bit of delay. We're [8:13] going to call the meeting [8:15] to order at 4:02, [8:16] and we're going to start with [8:17] roll call please. [8:20] [CALLING ROLL] [8:35] >> Thank you. And then, [8:37] Jeremy, would you like [8:38] to introduce staff, [8:39] please? [8:40] >> Sure thing, Chair. We have [8:41] clerking for us, Ms. Jennifer [8:43] Gannon and Michelle Yang. To my [8:45] right, we have Interim City [8:47] Attorney Mary Wagner, here [8:48] with us in person today. [8:50] Assistant Director of Public [8:51] Works Josh Anthony, myself, [8:53] Jeremy Pagan, Director of [8:55] Development Services. Lily Toy [8:56] is our Planning manager and [8:58] Associate Planner Danny Castro [8:59] will be giving our presentation [9:00] later on today. [9:02] >> Great. Thank you. [9:03] Before we move on [9:04] to item two, I just want to [9:06] remind we have some community [9:07] members here that we have cards [9:09] if you would like to speak. [9:10] They're kind [9:11] of a periwinkle color [9:12] in the lobby, [9:13] and you can bring them up [9:15] to our admin up here if you'd [9:16] like to speak. Okay. Item two, [9:18] approval of minutes. The [9:20] minutes for the August 11, [9:22] 2026 meeting. [9:27] >> I move approval. [9:29] >> I second. [9:32] >> Okay. We have a first and a [9:33] second. All in favor? Aye. [9:35] Any opposed? Okay, motion [9:37] carries. Thank you. Number [9:41] three, announcements. No [9:44] announcements. We'll move on [9:47] to the public hearing. Item [9:50] 4A1, the amendment application, [9:52] which we've read many times, [9:53] but we'll do it again. AMND [9:55] 202500266 and parcel map [10:02] application PM2025 00991 [10:07] by EP2 Redding Oasis, LLC. I [10:10] will turn it over to Mr. [10:11] Castro [10:13] to give us this presentation, [10:14] please. [10:15] >> Yeah, and before Mr. Castro [10:16] jumps in, just want [10:17] to take a quick minute [10:19] to thank the Planning [10:20] Commission. I recognize we're [10:21] in our third hearing [10:22] for this item, [10:24] but this commission brings a [10:25] lot of good, unique [10:26] perspective, good voices, lots [10:28] of years of experience. And so [10:29] I think the questions and [10:30] comments have been really good [10:31] ones, and the end result is a [10:33] much better and more refined [10:35] permit, [10:37] I feel more legally defensible. [10:39] So I know we're [10:41] in a third hearing, but I [10:42] believe it has been time well [10:43] spent. So, thank you [10:44] for helping staff as we wrestle [10:46] through some changes and [10:47] refinements, [10:48] and certainly thanks [10:49] to the applicant for their [10:51] patience as we're working [10:52] through here [10:53] to the finish line. And we're [10:54] able to get the necessary [10:56] technical information [10:57] from the applicant between the [10:58] last hearing and this one, [10:59] to bring that forward [11:01] to this commission today. And [11:02] then last, just want to thank [11:03] staff and our city attorney. [11:05] It's really been a team effort [11:06] to try and figure out how [11:07] to make this work. It is a [11:08] complex permit, [11:10] as this commission knows. [11:11] We're working with 20 plus year [11:13] old documents and approvals and [11:15] working to tweak and change the [11:16] project and still have it fit [11:17] within those confines. So [11:19] staff's done a good job getting [11:20] us to this point. I think today [11:22] we have new information [11:23] to present to the commission [11:25] and a good recommendation [11:26] for you all to consider. So [11:28] with that I'm going to pass it [11:29] off to Danny. Take it away. [11:31] >> All right. So yeah, [11:33] good evening or good afternoon. [11:35] Thank you, Chair. Greetings [11:37] to everyone. So we are going [11:39] to go over the Oasis [11:42] Commercial center amendment and [11:44] parcel map application and I've [11:46] got this divided [11:48] into three parts. So I'm going [11:51] to do part one, I'm going [11:52] to do a recap. I mean, [11:54] I know we were all here [11:55] on the 23rd, [11:56] but there might be some members [11:57] of the audience who weren't. [11:58] So I was just going to try to [12:00] briefly recap and go through. I [12:02] don't want to rush it, [12:03] but I don't want [12:04] to spend too much time [12:05] on the recap. So we'll [12:06] go through those. And then part [12:08] two, we'll be addressing [12:09] Commissioner Kent Manual's [12:13] suggested changes [12:15] to the conditions. There was a, [12:17] if you recall, [12:18] on the 11th or I'm sorry, [12:19] on the 23rd, there was a list [12:21] of 13 conditions [12:22] with suggested changes. And so [12:24] we'll be going [12:25] through those and then [12:26] in part three we'll be going [12:28] over changes to the [12:32] environmental and when we get [12:34] there we'll talk about that. [12:36] So without further ado, [12:38] part one project recap. So, [12:40] yes, so the site we're talking [12:42] about, it's in the north part [12:44] of the city off of Oasis Road [12:48] up there off of i5. Right now [12:50] it's a group of properties. [12:57] Off of i5 and it's zoned RCSP, [13:00] which is regional commercial [13:02] specific plan overlay. So we'll [13:04] talk about the Oasis Road [13:05] specific plan in a minute. And [13:06] as a general plan, designation [13:07] of regional commercial. So, you [13:10] know, relatively large piece [13:11] of land up there designated [13:12] for commercial development [13:13] at the north part of the town. [13:19] In 2005, no, 2006, the original [13:21] permit was approved and it was [13:23] originally for Costco. It [13:26] planned a large Costco building [13:28] with some other outbuildings [13:31] on the site. It proposed [13:35] to delete Twin View north of [13:37] Oasis. So Twin View would have [13:38] came through here, [13:41] connecting there and there. So [13:42] it proposed to delete Twin View [13:45] altogether. It deleted an [13:46] intermittent creek that [13:49] currently runs through the site [13:50] and it included two phases, [13:51] a phase 1a and a phase 1b. So [13:57] with this amendment [13:58] application, there's also a [13:59] parcel map application [14:01] to change the property lines [14:04] and to create the lock [14:06] configuration that looks [14:07] exactly like this. So currently [14:09] Twin View is this gray area. It [14:11] comes down and connects [14:13] through here. And the parcel [14:15] map would move that right [14:17] of way here to align with [14:19] Oasis Court, which is [14:20] confusingly enough, is not a [14:22] court, it's a through street, [14:23] but it's called Oasis Court, so [14:25] you still have that north south [14:26] connection there. The project [14:28] overlaid [14:29] on this exhibit would look [14:32] like this. So whereas [14:34] previously this whole area was [14:37] for commercial development and [14:39] they were going to fill [14:40] in this creek, now [14:41] with this amended project, [14:43] they, they're proposing to [14:44] leave this intermittent creek, [14:46] parcel this off for future [14:47] development that would require [14:49] its own conditional use permit [14:50] and to leave this part [14:53] of the site about 13 or 14 [14:55] acres, leave that [14:57] for this proposed development. [15:07] So let's see what's essential [15:09] here. I think I just went [15:10] over most of that in terms [15:12] of the uses. We're talking [15:14] about a couple hotels, [15:16] some quick serve drive thru [15:18] restaurants, coffee kiosk, [15:21] drive thru coffee kiosk, a sit [15:22] down restaurant there, [15:24] and a gas station. So [15:29] like I mentioned before, [15:31] this property is within the [15:33] Oasis Road specific plan area. [15:35] And without getting too much [15:37] into recapping the details, [15:38] essentially what the specific [15:39] plan overlay is that it's a [15:41] zoning overlay district that [15:43] goes over the property that [15:45] essentially elevates the [15:46] standards of development [15:48] for the property [15:49] above that which is required [15:51] by the standard zoning code. [15:53] So some examples of things that [15:55] wouldn't normally be required [15:56] of a development like this, [15:58] but that are required [15:59] of a development in this area [16:01] are parking lot screening [16:02] walls, some enhanced [16:03] architectural design [16:05] guidelines, [16:06] additional street landscaping [16:07] like this project is bringing [16:09] in separated sidewalks and a [16:10] median [16:11] with trees and landscaping [16:12] along there, [16:13] as well as some requirements [16:15] for public art features and [16:17] things like that. So all that [16:20] specific plan overlay, [16:23] increased standards apply to [16:25] the project is essentially what [16:26] this slide was talking about. [16:30] As for trees and landscaping, [16:32] like I mentioned, the medians [16:33] and the fringes would be treed. [16:37] And there's a mitigation [16:39] measure that exists already [16:41] with the project in the EIR [16:43] that requires tree preservation [16:45] and replacement. So all trees [16:46] greater than six inches [16:48] measured at breast height, [16:49] which is [16:50] about four and a half feet [16:51] off the ground west [16:52] of the parking area adjacent [16:53] to I5 would be preserved. So do [16:55] I. Can I get back [16:56] to the slide quickly? So [16:58] there's a bunch [16:59] of trees that would be in here [17:01] that would be preserved, kind [17:04] of these guys in here. There's [17:08] another couple [17:09] of large trees up here [17:11] in the northwest of the [17:13] property that are already [17:16] mitigated to be preserved. So [17:18] those would also need [17:20] to be preserved, and the rest [17:22] of the trees that would be [17:23] removed would all need [17:25] to be replaced in accordance [17:26] with the scheme that exists [17:28] in the EIR. So there's like [17:30] replacement ratios depending [17:31] on how big [17:32] of a tree you're planting, [17:33] whether it's a seedling or a [17:34] box tree, [17:35] how many trees you're [17:36] mitigating for, [17:37] but there's a kind of [17:38] determined scheme that applies [17:40] to those ratios. So that, [17:44] in a nutshell, [17:45] is the project. And I'm happy [17:46] to answer any questions [17:48] after the [17:49] presentation if there was [17:51] anything that you needed more [17:52] refresher on. But I wanted [17:54] to get into part two, [18:01] which is the proposed changes. [18:02] So without further ado. So the [18:03] first one on there, if you'll [18:05] recall, was a revision [18:06] to condition number four. And [18:07] essentially it was asking [18:10] for architectural review [18:11] to come back to this body. [18:14] At the on the June, I'm sorry, [18:16] July 23rd hearing, the planning [18:18] commission didn't express [18:19] desire to add this condition. [18:21] So in the draft conditions [18:22] of approval, [18:23] this condition was not added. [18:26] And I should say the draft [18:27] conditions of the new, [18:29] newly revised draft conditions [18:30] of approval is what I'm [18:31] referring [18:32] to proposed revisions [18:35] to condition 17B. So this has [18:43] to do with those two oak trees [18:45] in the northwest corner [18:48] of the site that I mentioned. [18:53] And the recommended changes [18:54] were essentially updated [18:57] language that's more in line [19:00] with how we would word things [19:02] today. So it's not necessarily [19:03] too substantially different. [19:04] It still satisfies the existing [19:06] mitigation measure. It's more [19:08] of a lateral change that kind [19:09] of updates that language to, [19:12] to the specifics that we now [19:13] use in the city [19:14] for tree protection. So staff [19:16] agrees that that that seems [19:18] entirely plausible to [19:20] change the condition as such. [19:22] So the draft conditions [19:23] of approval have been revised [19:24] to include this updated [19:25] language. Condition 17D, there [19:30] was wording. So the last two [19:32] sentences [19:33] of condition 17D read, [19:36] some tree plantings are [19:38] to occur within the open space [19:40] areas adjacent to Salt Creek. [19:41] The landscape plan shall [19:42] include the planting plan [19:44] for this area. So staff's [19:46] interpretation of the intent [19:48] of this condition was [19:50] to ensure that there were some, [19:51] at least some tree plantings [19:53] that get planted adjacent to [19:54] Salt Creek because [19:56] without that condition, [19:58] there would be no requirement [19:59] to plant any trees next to [20:00] Salt Creek. So it's not clear [20:04] what putting a 50% limit [20:06] on the plantings would achieve. [20:10] So for that reason, staff has [20:11] not included the suggested [20:12] changes [20:13] into the draft conditions [20:14] of approval, again, [20:15] as the conditions intent seem [20:17] to be, to require some tree [20:19] plantings and putting a limit [20:21] of 50% if I'm not a biologist, [20:24] but if it was feasible [20:25] to do 100%, I don't [20:28] see why that wouldn't be [20:30] allowed. But again, [20:32] this is just staff's [20:33] interpretation, [20:35] staff's review. But [20:36] that's why that change wasn't [20:37] added to the draft conditions [20:38] of approval. This one had some [20:42] discussion [20:43] on the first hearing. [20:44] Condition number 40. It was the [20:46] condition [20:47] for fair share funding for a [20:49] fire department ladder truck. [20:50] So we did have time to, [20:53] to speak with the fire [20:55] department and they had time [20:56] to kind of look [20:57] into this a little bit. And the [20:59] Redding Fire Department staff [21:00] concurred with the suggestion [21:01] that an additional ladder truck [21:03] is no longer required [21:04] to service this development. [21:05] And so that condition was [21:08] struck. Condition 49, there was [21:14] a proposal to strike the, [21:16] the condition for bus turnouts [21:20] to be incorporated [21:21] into the project [21:22] with improvement plans. The [21:24] suggestion was if they're not [21:25] shown now, [21:26] then they shouldn't be there [21:28] at all. I did communicate with [21:31] our RABA representative and he [21:33] explained [21:34] to me that they do prefer [21:35] to have the flexibility [21:38] to place those at time [21:40] of development. It's a little [21:41] closer to, [21:42] I mean it's way closer to when [21:44] the development's actually [21:45] going to go in and, [21:47] at that time they're better [21:48] able to know exactly what [21:50] transportation needs they have [21:52] at that time, what needs they [21:53] might not have and where they [21:55] might need those bus stops and [21:57] turnouts, [21:58] should they even need them. [22:00] In addition to that, [22:02] it meets general plan policies [22:04] for transit. There's a couple [22:05] listed in the staff report and [22:14] I remember there was one more [22:16] point on that. But essentially [22:19] staff didn't see why it was [22:20] inappropriate. I mean, [22:21] there's plenty [22:23] of things that are, [22:24] conditioned for [22:26] at time of improvement plans [22:27] and this seemed to fit. So [22:29] staff did not, [22:31] did not strike that condition. [22:32] Oh, I was going to mention it's [22:34] also a mitigation measure [22:35] for air quality standards [22:37] from Shasta [22:38] County Air Quality Management [22:40] District that were suggested [22:42] to be incorporated [22:43] into the project [22:44] to meet SIMS and BAMS. So those [22:45] are the standard mitigation [22:46] measures from that agency. [22:47] So, we left it [22:49] in. Proposed revisions [22:53] to condition number 55 [22:54] of the amendment. So the [22:56] Oasis Road specific plan [22:58] for major driveways [23:00] into shopping centers requires [23:02] a minimum 8 foot wide landscape [23:04] medium that runs the length [23:06] of the driveway. Well, that [23:09] runs 50ft [23:10] from the driveway intersection [23:11] to the street, [23:12] to be specific. The proposed [23:14] site plan shows one of those. [23:15] The suggestion was that the [23:17] other two entrances that are [23:19] proposed off of the relocated [23:21] Twin View Boulevard also have [23:24] this requirement placed [23:26] on them. And upon reviewing [23:28] that it seems consistent [23:29] with the OASIS Road specific [23:31] plan, staff agrees that [23:33] it's a plausible condition [23:34] to put on the permit. So we've [23:36] included the suggested changes [23:38] into the draft conditions [23:46] of approval. Condition59 has [23:49] some added language [23:51] to this franchise. Chain stores [23:53] with prototypical structures [23:54] shall be modified as may be [23:56] required to have thematic [23:57] architectural consistency [23:58] with the OASIS Road specific [24:00] plan and approved architectural [24:01] details in accordance [24:03] with condition four [24:04] of this permit. So essentially [24:06] this condition kind of relied [24:08] on the very first one we spoke [24:10] about that required [24:11] architectural review. And [24:14] because that condition was not [24:19] added, it makes sense to also [24:21] disregard this suggestion. [24:23] So, I mean, unless there's a [24:24] change and this body wishes [24:25] to put [24:27] in architectural review, then [24:28] I'd suggest revisiting this as [24:29] a potential. But if not, then [24:31] this, that kind of goes hand [24:32] in hand [24:33] with condition 4's suggestion [24:39] at the top. Condition 60N, [24:41] this one has to do [24:43] with ground cover. So the [24:44] suggestion was replacing the [24:45] first sentence to say that [24:47] ground cover shall be of live [24:48] plant material and will be [24:50] designed and planted [24:51] to achieve [24:52] at least 75% coverage [24:53] at least three years [24:54] from planting. So the code [24:57] already requires that plantings [24:58] reach their maximum ground [25:00] coverage potential [25:01] within three years. And the [25:02] code requires complete [25:04] coverage. The OASIS Road [25:06] specific plan, [25:07] as far as I could tell and [25:09] could find, doesn't change that [25:10] requirement. And I was not able [25:12] to find any basis [25:13] for a 75% coverage three years [25:14] from planting versus full [25:16] coverage. So it's true that due [25:17] to [25:19] like state water regulations, [25:20] there's some constraints [25:21] on developments to, [25:22] with regards [25:30] to their water usage. And so we [25:32] have become a little more, [25:33] I don't think relax is the [25:34] word, I guess would be strict [25:36] in terms of, with water usage. [25:40] But we haven't [25:42] required 100% coverage. We [25:43] require kind of substantial, as [25:44] long as it looks good and you [25:45] know you have the right kind [25:46] of hardscaping integrated [25:47] with it to meet state water [25:49] requirements. And we are [25:50] flexible. But in terms [25:53] of adding a 75% coverage, it [25:55] wasn't clear why that would [25:57] need to be spelled out [26:00] in the conditions [26:01] of approval. So staff did not [26:03] include the suggested changes [26:04] into the draft conditions. [26:09] There were some proposed [26:10] technical revisions [26:11] to condition 66 and 68 [26:13] of the amendment and condition [26:15] 23 of the parcel map. These are [26:17] just technical changes. A [26:19] couple of them were changing [26:20] the words air quality element [26:22] to natural resources element. [26:23] That's been done. And then [26:25] adding PM2.5 in addition [26:29] to PM10 which was also done. [26:37] There were a couple conditions [26:39] again, one [26:40] on the amendment and one [26:41] in the parcel map [26:42] for nesting birds. And so [26:46] on the amendment conditions. [26:49] The language that was [26:51] in the permit was what's in the [26:53] mitigation monitoring program. [26:56] The suggested language [26:57] essentially is kind of updated [27:00] language again a lateral change [27:01] that it doesn't literally say [27:03] the same thing, [27:05] but essentially [27:06] in a nutshell, it kind [27:07] of says the same thing. It's [27:08] like do nesting bird surveys [27:10] per standards. And so we've [27:12] changed the language [27:15] of condition 71B in the [27:17] amendment and then that [27:19] language in the parcel map, it [27:21] actually was literally already [27:23] in there word for word. So we [27:24] left that in. So both sets of [27:26] conditions now have that [27:29] updated nesting bird survey [27:35] language. So that concludes [27:37] part two. So we'll move on to [27:38] the environmental discussion. [27:40] So a little background [27:42] on that. So again, on July [27:45] 23, the commission had some [27:46] concerns [27:47] about the initial addendum [27:49] with regards to new species and [27:51] our approach and our [27:53] understanding [27:54] of what was required [27:55] under CEQA for that analysis [27:56] in the addendum. So [27:58] after consultation with the [27:59] city attorney's office, staff [28:02] did request that the applicant [28:04] provide some revised biological [28:06] and aquatic studies [28:08] to update that addendum. So the [28:14] findings for those studies have [28:16] been incorporated [28:17] into the addendum [28:19] for the project and we will go [28:23] over the environmental right [28:24] now. So this is a recap slide. [28:26] So the EIR again the project [28:28] had a EIR done and adopted in [28:30] 2005, April of 2005. The EIR [28:34] did identify wetlands on site [28:37] and mitigation measures were [28:38] and are required. And this [28:44] exhibit shows just where some [28:46] of the wetlands are. And I [28:47] found this kind of funny. This [28:48] is a copy error. It is not a [28:50] giant wetland [28:51] through the property. This is [28:52] just a photocopy. So disregard [28:54] that. No need for alarm. [28:57] But yeah. So the conclusion is [28:59] that the amendment is much [29:00] less impactful [29:01] on the environment due [29:03] to not filling in the creek or [29:06] the intermittent drainage. I [29:07] should say not filling in that [29:08] intermittent drainage area due [29:14] to just its scope and size [29:16] being smaller. The off site, [29:18] not off site, but adjacent [29:20] to the site, the street [29:22] improvements being smaller. So [29:24] staff prepared an addendum [29:25] for the project. So in terms [29:30] of the new biological factors. [29:33] Madrone Ecological Consulting [29:34] did prepare a memo, a [29:36] Biological Resource [29:38] Assessment, which is BRA and an [29:40] Aquatic Resource Delineation, [29:42] which is the ERD. They [29:45] identified seven newly listed [29:47] species with the potential [29:49] to occur on site. We wanted [29:51] to analyze for newly listed [29:54] species because that's what [29:56] would count in terms of [30:00] assessing whether or not a [30:02] subsequent EIR or A [30:06] supplemental EIR would be [30:07] needed. So we went [30:09] through that analysis. Spoiler [30:11] alert. Staff feels that we're [30:12] still in addendum territory, [30:14] but I'd like to go [30:16] over those findings briefly. [30:19] So they identified Shasta [30:20] Snow Wreath, which is a shrub, [30:22] as having the potential [30:23] to occur on site. Although it's [30:26] a newly listed species [30:29] in terms of its candidacy [30:32] for endangered species, it was [30:35] already considered a special [30:36] status species under CEQA [30:38] at the time of the original EIR [30:40] because it was listed by the [30:42] California Native Plant society [30:44] as a rank 1B2 California rare [30:46] plant. It was [30:47] already [30:48] on the radar and considered [30:50] under CEQA, [30:52] even though it kind [30:54] of counts as newly listed, it [30:56] was already considered and was [30:57] a special status species at the [30:59] time the original EIR was [31:01] adopted out of an abundance [31:03] of caution due to the age [31:04] of the EIR, an avoidance and [31:06] minimization measure for all [31:08] special plant species [31:11] identified in the EIR as having [31:13] the potential [31:14] to occur has been added [31:15] to the conditions [31:16] of approval. Again, the [31:17] original EIR looked [31:18] for plants, didn't find them. [31:19] There was some potential [31:20] to occur, but they looked and [31:21] they weren't there. So they [31:22] didn't mitigate for them. So [31:23] the only change is that we're [31:24] clarifying that, okay, [31:25] because it's old, we're [31:26] refreshing and adding [31:27] minimization and avoidance [31:28] measures so that we have those [31:30] pre construction surveys [31:31] for special status plants [31:34] within two years [31:36] of development. So it's merely [31:39] a clarification. There's no [31:40] real new information there. [31:42] We're just refreshing those [31:46] contingencies because the EIR [31:48] is 20 years old. Next was the [31:51] Grasshopper Sparrow. This is a [31:54] sparrow. It's a bird. It does [31:56] have the potential to occur [31:57] on site. Even though no [31:59] suitable habitat was identified [32:01] for this species, the typical [32:06] nesting bird survey condition [32:09] would apply. So no new [32:11] condition would be required [32:14] to mitigate for this. It's [32:15] basically already mitigated [32:17] for. So we can go a little [32:19] slower. Michelle, thank you. [32:26] The third species, Crotches [32:28] bumblebee. So Crotches [32:31] bumblebee, [32:33] there's the potential for it [32:35] to exist on site. It's a [32:36] candidate species for listing [32:39] under the California [32:40] Endangered Species act, or [32:41] CESA. CESA requires protocol [32:42] level surveys and consultation [32:43] with fish and wildlife [32:44] with a positive finding even [32:45] for candidate species. So [32:47] whether or not this project [32:49] were to mitigate for, you know, [32:51] were to officially mitigate [32:53] for Crotches bumblebee, it's [32:55] the law that those surveys [32:57] would have to be done [32:59] at the state level. So out [33:01] of an abundance of caution, [33:04] we've added the avoidance and [33:06] minimization measure. [33:07] Requiring surveys [33:09] for crotches bumblebee. But [33:11] it's officially incorporating a [33:13] new mitigation measure was not [33:14] necessary since it's actually [33:16] the law regardless. So we are [33:18] taking the right steps. The [33:19] project incorporates those [33:21] measures, [33:22] but there was no need to [33:24] to do a supplemental EIR for [33:25] that because it's already [33:27] covered under state law. The [33:28] monarch butterfly, [33:30] similar story. It is a [33:33] federally listed candidate [33:36] species. There's milkweed [33:38] on site, and milkweed is their [33:40] preferred plant [33:42] for eggs and larvae production. [33:48] So one of the differences [33:50] between the California [33:51] Endangered Species act and the [33:53] federal Endangered Species act [33:54] are just the regular [33:55] Endangered Species act is that [33:56] candidate species under the [33:58] federal act don't receive any [33:59] protections [34:00] at the federal level. There's [34:03] also no guarantee under CEQA [34:05] that federal candidate species [34:08] would receive any further [34:10] protection. Nonetheless, best [34:13] practices and out [34:14] of an abundance of caution, [34:16] staff has moved forward and [34:18] taken the biologist suggestion [34:20] and we've added a avoidance and [34:21] minimization measures into the [34:23] project conditions requiring [34:28] those surveys for monarch [34:30] butterfly eggs and larvae. And [34:32] we've added those [34:33] into the conditions [34:35] of approval. Again, no need [34:36] to add those into the formal [34:38] mitigation measures, but out [34:41] of an abundance of caution, we [34:43] have, you know, strived to do [34:44] the right thing and added them [34:46] into the project conditions. [34:48] Western spadefoot toad. So [34:51] western spadefoot was listed as [34:52] a species of special concern [34:57] in 1994. And so this species [34:58] was also analyzed [35:00] with the original EIR. There [35:01] were several indications that [35:02] the species wasn't present [35:04] on site. And because of that, [35:05] no mitigation measures were [35:06] actually incorporated [35:08] into the project again 20 years [35:09] ago. So while it's not expected [35:11] to be on site even when, even [35:14] with the more recent analysis, [35:15] out of an abundance [35:17] of caution, again, avoidance [35:18] and minimization measures [35:19] for the toad have been added [35:20] to the conditions [35:21] of approval. And again, [35:22] I just want [35:23] to reiterate that these things, [35:24] they're not adding any new [35:26] information, really. We're just [35:27] kind [35:28] of refreshing the conditions [35:29] of approval [35:30] to make sure that we stay [35:31] in lockstep [35:32] with that original EIR [35:34] with the current amendment. [35:36] Same thing for the [35:37] Northwestern pond turtle. Same [35:40] year it was designated 1994 as [35:42] a species of special concern [35:44] by CDFW. So its analysis was [35:46] also included [35:47] in the original EIR. It's [35:49] essentially the same situation. [35:51] So we've added avoidance and [35:53] minimization measures [35:55] into the conditions [35:57] of approval, but no need to [36:00] change or add any formal [36:03] mitigation measures. Number [36:04] seven, the last one, [36:06] the burrowing owl. So this [36:10] again, this has been [36:12] on CDFW's list, I believe, [36:14] since the 70s in terms of a [36:16] Species of special concern. It [36:17] was also analyzed in the EIR. [36:22] It was not observed on site [36:23] during bird surveys 20 years [36:27] ago. There's a mitigation [36:29] measure which we talked [36:30] about before, [36:31] mitigation measure A2, which [36:32] was originally incorporated [36:33] to ensure compliance with, [36:34] with the Migratory Bird Treaty [36:36] act, [36:37] which is nesting bird surveys. [36:38] It may have been a slight [36:40] oversight 20 years ago because [36:41] the burrowing owl, [36:42] it burrows. And so there's some [36:44] slight differences [36:46] in how you need to survey [36:48] to detect that bird. And so [36:50] just to clarify that and to [36:51] strengthen up this project's [36:52] approach to protecting all the [36:54] birds that the EIR strive [36:55] to protect and included [36:56] in their analysis, we've added [36:58] to the conditions [37:00] of approval the measure [37:03] for burrowing owl surveys. [37:06] Again, this species was [37:08] analyzed in the EIR. And our [37:11] approach here is that we're [37:12] clarifying and refreshing those [37:14] conditions of approval [37:15] to make sure that we're staying [37:16] in step [37:18] with what the EIR strived [37:19] to do 20 years ago. Aside [37:22] from those seven species, there [37:24] was a marsh identified that was [37:26] not identified 20 years ago. [37:28] This marsh is actually at kind [37:32] of the corner of Oasis [37:34] Road and Gold Hills Drive. If [37:36] you go out there, I think you [37:37] can see the cattails and stuff [37:39] out there still. It's right [37:41] there in the southwest corner [37:43] of that intersection. It's kind [37:44] of far from the project, [37:46] but the project may be required [37:47] to bring water line from [37:49] Bella Vista [37:50] for firewater pressure, [37:53] for emergency water only. And [37:55] there's the possibility that [37:57] that emergency water pressure [38:00] line from the Bella Vista [38:02] hookup over there could run [38:03] through this marsh. I imagine [38:07] the project would try [38:08] to avoid it [38:09] in the first place. [38:11] Nonetheless, the existing [38:13] mitigation measures [38:16] for jurisdictional waters, [38:17] waters [38:19] of the state and waters of, [38:20] of the US would still apply [38:22] to this, to this wetland. And [38:23] so existing mitigation measures [38:24] already cover that newly [38:27] identified marsh. So the [38:30] takeaways here is that the [38:32] project is still found [38:33] to be less impactful [38:34] in the environment. [38:36] With the amendment, no new [38:37] major mitigation measures are [38:38] needed and clarifications and [38:40] avoidance and minimization [38:41] measures added to the project [38:42] conditions adequately address [38:44] CEQA without the need [38:45] for a supplemental EIR. So that [38:50] was kind of section three. So [38:51] we're going to move kind of [38:54] to the stuff at the end here. [38:55] The coda, if you will. So, [38:57] public comments again, I [39:00] believe I received one inquiry [39:02] where somebody was just [39:03] interested. I think they might [39:05] have been with some sort [39:07] of firm or something that is, [39:09] we're curious about the status [39:10] of the project, [39:11] but no formal comments, [39:12] just more questions. So lastly, [39:19] so as you know, the last time [39:23] we met was about a month ago, [39:24] which, [39:25] to get all this analysis done, [39:27] to get the biologist and to get [39:28] staff and city attorney and to [39:30] get the staff report together [39:31] and to get, [39:32] get all this prepared [39:34] for you guys today. And that [39:36] with that amount [39:37] of turnaround time, [39:38] inevitably there are bound [39:39] to be some things that needed [39:40] to be fixed in post. So here's [39:41] the list [39:42] of recommended changes [39:43] to the attachments. So if, [39:45] if there's a motion made [39:47] to approve the project tonight, [39:48] if we could include these [39:51] changes, would be [39:53] staff's recommendation. The [39:55] first thing would be we added [39:58] an indemnification condition [39:59] to the permit. This is [40:02] something that in working [40:06] with our city attorney, this is [40:08] something that is standard [40:10] in other jurisdictions [40:11] for every project. And so we're [40:14] looking [40:15] at potentially moving forward. [40:17] Maybe this is just me, [40:18] this is not an official thing, [40:19] but it seems that this might be [40:20] something we want to look into [40:22] doing as a standard condition [40:23] moving forward [40:25] for future projects. But so [40:27] we've added that here and that [40:30] condition is in order [40:32] to get the, [40:33] in the staff report, it's put [40:34] as condition four because [40:35] that's kind [40:36] of where it belongs in terms [40:37] of its importance and kind [40:38] of having it at the top. The [40:39] thing is, [40:41] is that when I was doing the [40:42] PowerPoint presentation, [40:43] realizing that it kind [40:44] of threw all the numbering off [40:45] for everything. So I could [40:47] either A, go change a bunch [40:49] of numbers and a bunch [40:50] of attachments, [40:51] which could lead to a bunch [40:52] of problems, or B, just move [40:54] the indemnification condition [40:55] to the end of the conditions [40:57] of approval [40:58] for the amendment and [41:00] for the parcel map. So long [41:02] story short, what I'm trying to [41:03] say is staff recommends moving [41:05] the indemnification condition [41:06] to the last condition in both [41:07] of those sets of conditions [41:09] of approval. Number two, in [41:12] that indemnification condition, [41:13] staff recommends striking the [41:15] following language. There's [41:17] some language in there [41:19] at the end of a sentence that [41:20] says or the applicant's [41:22] exercise of any right granted [41:23] under this approval, [41:25] the applicant took issue [41:26] with that part of the [41:29] condition. I'm not a lawyer, [41:31] so I don't really want [41:32] to speak to it too much, [41:34] but we did run this by the city [41:36] attorney's office and they [41:39] agreed that it was fine [41:41] to remove that. And so we're [41:43] recommending striking that [41:45] language. And then lastly, [41:46] embarrassingly enough, [41:48] there was a copy paste error [41:49] in the last sentence [41:50] of that condition after it has [41:52] all the legalese and [41:53] disclaimers, it talks [41:55] about building elevations. [41:57] That was supposed [41:58] to be a separate condition. So [42:00] if we could strike the last [42:01] sentence from the [42:02] Indemnification condition. I [42:04] will sleep better tonight. And [42:05] lastly, [42:07] the applicant had a chance [42:09] to run our final draft [42:11] of the addendum. They ran it [42:13] by their biologist, [42:15] and there was a suggestion [42:17] to modify the condition for [42:19] Crotch's bumblebee. And so I've [42:21] put the underlined added [42:24] language there in this slide. [42:26] Essentially, that condition [42:27] calls [42:30] for bee surveys according [42:32] to a specific protocol. And the [42:34] biologist suggests that because [42:36] this is a candidate species, [42:37] if [42:38] between now and the time they [42:39] go to do this survey, if that [42:41] species ends up becoming [42:42] formally listed under the [42:44] California Endangered Species [42:45] act, there may be a more recent [42:47] protocol. So this condition, [42:50] they suggested changing it so [42:51] that we have the flexibility to [42:53] require a more recent protocol [42:54] if published. And then also [42:56] in that condition, they [42:57] suggested specifying that the [43:00] surveys are looking for [43:01] bumblebee nests and not [43:03] individual bees. Their [43:05] reasoning was the individual [43:06] bees with the ground disturbing [43:08] activities will leave the area, [43:10] whereas nests are there. And so [43:13] what you're really doing is [43:14] looking [43:15] for nests and mitigating [43:16] for nests. So, upon the [43:18] biologist's recommendation, [43:20] we propose those changes [43:23] to the draft conditions [43:24] of approval in both sets. So [43:28] with that in conclusion, [43:30] an addendum [43:31] to the EIR has been completed [43:32] for the project. Appropriate [43:34] mitigation measures remain [43:35] incorporated and additional [43:36] avoidance and minimization [43:37] measures added [43:38] to the conditions [43:39] of approval. And staff [43:41] recommends determining that the [43:42] findings are in evidence, [43:43] adopting the addendum [43:44] to the previously certified EIR [43:45] for up 2302, and approving this [43:47] application subject [43:49] to the draft conditions [43:50] of approval [43:51] with the proposed changes [43:52] from the previous slide. And [43:53] I'm available [43:54] for any questions. Thank you. [43:57] >> Thank you, Mr. Castro. I'm [43:58] going to open it up [43:59] for commissioner comments, [44:04] please. Anyone? No? Okay, good [44:10] job. Looks like there are none [44:12] at this time. So now I will [44:13] open up the public comment. [44:14] Are there any cards for that, [44:17] seeing that there are none? [44:20] Okay. We do have someone who [44:21] would like to speak. If you [44:25] could give us your name when [44:26] you get to the podium, [44:27] please. [44:31] >> I sure will. Thank you. I'll [44:32] keep it brief. My name is [44:33] Michael Schumacher. I represent [44:35] the ownership group and serve [44:37] as the manager of the LLC that [44:39] owns the property. Good [44:41] evening, planning commissioners [44:43] and city staff. I just wanted [44:44] to take a moment [44:46] to express our gratitude for [44:48] the time and effort that you're [44:50] putting forward to hear our [44:51] project tonight and also [44:53] to recognize all of the effort [44:55] and energy that has gone [44:56] into getting us [44:58] to where we are today. So I [44:59] want to just say thank you. I [45:00] know it's a big lift [45:02] along the way, [45:03] so we're looking forward [45:07] to hopefully being Approved [45:10] for this project. It represents [45:12] not only an advancement [45:13] for the property, [45:15] but more importantly, [45:16] it brings to the neighborhood [45:17] and the region much needed [45:18] services to this part of town [45:20] that don't currently exist. So [45:22] we are looking forward to [45:23] hopefully taking the next step [45:26] and continuing to work with the [45:27] city and advancing the project [45:29] and moving forward. And I'm [45:32] here to answer any questions [45:33] and I'm here [45:34] with my team as well. They're [45:36] easy questions. I can answer [45:38] them potentially. If they're [45:39] difficult questions, [45:40] that'll be my team. So thank [45:42] you for the opportunity [45:43] to say a few words. [45:45] >> Thank you. Michael. Are [45:46] there any questions for him [45:47] before he leaves the podium? [45:49] Okay, thank you. And seeing [45:52] that there are no cards, [45:53] I'm going [45:54] to close the public comment. [45:56] Do we want to bring it back [45:57] to commissioners [45:59] for any comments? No. Do we [46:04] have a motion from any [46:06] of our commissioners? It's [46:10] going to be a long one because [46:11] we got a reference back [46:12] to the slide. [46:13] >> So with permission [46:14] of staff, I'd love to have that [46:16] recommended changes slide put [46:18] back up because that'll make it [46:20] very easy motion. There you go. [46:27] I move approval [46:28] of the staff's recommendation [46:30] with the recommended changes to [46:32] attachment slide as articulated [46:34] by Danny. That's it. [46:38] Everything else is spelled out. [46:40] >> Okay, we have a motion. [46:42] >> Do we have? [46:43] >> I'm happy to second that [46:44] motion. [46:45] >> And we have a second. All [46:47] in favor? Aye. Do we have any [46:50] opposed? Okay, thank you. [46:54] Motion carries. Good job, Mr. [46:56] Castro. I know that was a long [46:59] time spent. And three planning [47:00] commissions later. So item [47:03] number five, public comment [47:05] for any non agenda items within [47:07] the city's jurisdiction and we [47:09] don't have any for that. So I'm [47:10] going [47:11] to close the public comment. [47:13] Bring it back over [47:15] to item six. Commissioner [47:18] comments. Yes, Commissioner [47:19] Miner does. [47:21] >> Yeah, I just wanted [47:24] to say this is [47:27] about the 4A1 item, [47:28] but just wanted [47:30] to say thank you again [47:32] to staff for the hard work and [47:33] getting that [47:34] across the finish line. Also [47:35] for working with the developer [47:37] and whoever else came up. I [47:39] know it was a [47:40] big lift and there was a lot of [47:42] things that were put your guys [47:44] way. So really appreciate it [47:47] and appreciate the [47:48] comprehensive response [47:49] to all the items. So greatly [47:51] appreciated. [47:53] >> Thank you. Okay. [47:54] Commissioner Manuel? [47:55] >> Yeah, I think I'll just [47:56] follow up with that. You know, [47:58] the path of least resistance, [47:59] I think [48:00] for staff would have been [48:01] to require a new permit [48:02] on this. But certainly the [48:04] tactic they took was [48:06] appropriate. It saved the [48:08] developers some time. It's [48:09] certainly saved some money. It [48:11] was a bit of a struggle, as [48:13] Luke pointed out, with the 20 [48:14] year old documents trying to [48:16] make sure everything fit [48:18] together. I think we're all [48:20] glad that it did and we can [48:22] move forward. Congratulations [48:23] on your project. I hope it's [48:24] successful. [48:27] >> Thank you. Any other? [48:29] >> Yeah, I just had one. I'll [48:31] echo that same thing [48:33] without repeating it. The other [48:36] area that I would say should be [48:38] put on for consideration is if [48:39] we're going to bring in [48:42] indemnification language and [48:44] start making that part [48:46] of our standard practice, we [48:47] should very quickly move [48:49] towards bringing it in as part [48:51] of our standard conditions [48:53] of approval. Thoroughly vetted [48:55] with a bigger group than this [48:57] looking at it, attorneys [48:58] representing developers and [49:01] implementers looking at it to [49:03] make sure we've refined that as [49:05] carefully as possible. And then [49:07] it should be vetted all the way [49:08] through to where it becomes [49:10] approved standard conditions [49:11] of approval [49:13] like the other standards. [49:14] Because I think it's way too [49:15] important [49:16] to be just an ad hoc item. And [49:19] I'm confident that there'll be [49:21] other situations where, you [49:23] know, every word matters and [49:26] on how open ended is it [49:29] in terms [49:31] of an applicant being response? [49:32] At some point an applicant's [49:33] responsibility has to end when [49:35] the project is built [49:37] and it's [49:39] operating right away [49:40] and that sort of thing. They [49:41] still remain responsible [49:43] for their own development, but [49:44] they should have no liability [49:46] for public right away and [49:47] public facilities. And the [49:48] language is a little [49:50] open-ended-ish. I know from my [49:51] former career the attorneys [49:53] that reviewed contracts [49:55] before I was allowed [49:57] to sign them would have, you [49:59] know, [50:00] expressed some opinions. So. [50:01] Thank you. [50:03] >> Thank you. Commissioner [50:04] Johnson, did you want to say [50:06] something? [50:08] >> I have a couple, [50:09] just a couple of things [50:10] with regard to the process. I [50:12] also appreciate the time spent [50:14] and I was grateful. I think we [50:16] all were nervous. How long will [50:17] it take to get the updated [50:19] report and be able [50:22] to come back here [50:23] and move forward [50:24] for the applicant. But [50:25] appreciate the consultant and [50:26] also the staff that put [50:27] in the time [50:28] to help us get here. [50:30] For my own education, [50:32] I am curious about because we [50:34] referenced the, we called it. [50:36] Did we say the original EIR or [50:38] the old EIR? So maybe the word [50:40] 28 year plus. I am curious how [50:44] the 2023, 2045 General Plan [50:48] EIR why that might not have [50:50] been tiered off of that or [50:52] would the project not tier off [50:54] of that as a new environmental [50:56] document to reference because [50:58] they would have maybe looked at [51:00] that site and seen if there are [51:01] any additional mitigation [51:03] measures that we could have [51:06] used or maybe that would have [51:07] helped the city feel a little [51:09] more cozy about this [51:12] amendment So I am curious [51:14] about that. Just, you know, [51:17] if, because I was looking [51:18] through the documents and I [51:20] just couldn't see the reference [51:22] to it. [51:25] But I did look up, you know, [51:26] just there was a [51:30] case called Bowman vs City of [51:32] Petaluma, and it does defer to [51:33] the lead agency's factual [51:37] findings unless the record [51:39] lacks substantial evidence. [51:41] And it seems like [51:45] the indemnification is helpful [51:48] as a stopgap. At the end [51:50] of the day. I do appreciate [51:51] what you're saying that there [51:53] has to be. [51:54] At some point it has [51:56] to come back to right [51:58] of ways and need to, you know, [51:59] we need [52:00] to relinquish the liability [52:02] on the developer at some point [52:04] in the future. So maybe working [52:09] on that. But I [52:12] guess what I'm trying [52:16] to understand is how we can, [52:19] you know, [52:21] I guess maybe avoid something [52:23] like this if other future [52:26] projects come up that are aging [52:27] and they might come up again. [52:29] Can we utilize documentation or [52:30] environmental reviews that have [52:32] been done and maybe have been [52:38] updated to help us and [52:39] to feel better [52:40] about an application? [52:41] Obviously, this one shrunk [52:42] significantly in size, [52:45] which is really helpful. [52:46] Obviously, if it was the other [52:48] direction or maybe remain the [52:49] same, maybe it would have been [52:50] a whole different scenario [52:52] altogether. So that was the [52:55] only other thing. And then the [52:57] other situation with. It seems [52:59] like we answered everything. I [53:01] came in [53:02] with a little more question, [53:04] but I appreciate the deeper [53:05] dive in the description. And I [53:07] just like, okay, this is [53:09] really, really thorough and it [53:11] protects the developer [53:13] in the end, because I'm pro [53:14] property rights and allowing [53:16] development of property [53:18] within the general plan [53:19] in accordance [53:20] with the general plan. And this [53:21] developer is doing that. And we [53:26] don't want to hold them up, [53:27] but we also don't want [53:28] to set them up for failure [53:29] in the future to be [53:30] unnecessarily resisted because [53:32] of some, you know, [53:34] aging documentation. So I think [53:36] the process that. [53:38] Commissioner Manuel, some [53:40] of his suggestions, it was [53:42] at first it was like. [53:43] But I feel [53:45] like we worked it out. So thank [53:46] you for that. So if I can just [53:47] go back to the question, just [53:48] the, you know, [53:49] the tie or tearing off [53:51] of the general plan EIR, was it [53:53] a reason there wasn't reference [53:54] to that? [53:56] >> Yeah, I just. I would keep [53:57] it high level [53:59] for this discussion. [54:00] But we are tearing [54:02] off our new EIR. You've seen [54:04] that [54:05] with some previous approvals [54:06] with our 15183 exemption and [54:07] utilizing that new [54:08] environmental analysis. I think [54:10] in my opinion, for this one, [54:11] the path [54:14] of least resistance was looking [54:16] at the EIR that was certified [54:18] and approved and it made sense [54:19] to pursue the addendum [54:20] in this case. Now that's a [54:22] smoother pathway. I, [54:23] I recognize it still took us, [54:24] you know, a few hearings [54:25] to get here, [54:26] but it was there, [54:27] it was legitimate. There was [54:29] just a few holes we had [54:31] to fill. So it made sense [54:32] from a staff perspective [54:33] to take that approach. [54:34] But we are starting to leverage [54:38] the new general planning EIR [54:40] already on some recent [54:41] approvals and we'll continue [54:42] to tear off it or use [54:44] exemptions as necessary [54:45] to help streamline approvals. [54:46] And then with regard [54:47] to this particular permit, [54:48] it's kind [54:49] of unique that we have this old [54:50] of a use permit on the books, [54:51] at least in my opinion, because [54:52] newer use permits have a three [54:54] year clause and then a one year [54:56] extension and then those [54:57] entitlements will expire. So [54:59] it's pretty unique to have one [55:01] that's this old when it comes [55:02] to subdivision maps and the [55:04] like. You can get extensions [55:05] and get up into the six [55:07] to nine year time frame [55:08] for approval, so those can get [55:09] a little bit older. [55:11] But I don't anticipate us, [55:13] maybe I shouldn't say this on [55:14] the record. I don't anticipate [55:15] seeing this kind of a, [55:16] an approval in the [55:17] near future. It is pretty [55:18] unique in that way. So [55:19] hopefully that gives you some [55:20] high level answers [55:21] to your questions. [55:23] >> Yeah. Thank you. [55:26] >> Okay. Any other comments [55:27] from commissioners? Okay [55:29] with that. We're adjourned. [55:30] Thank you.