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Good morning. We are calling to order the Planning Director hearing of July 29, 2020.

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My name is David Keyand, and I'm in the hearing officer for today's agenda on behalf of and delegated by the Director of Planning, vote in a code enforcement, Christopher Burton.

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This meeting is being held via Zoom conference call. Members of the public may participate by following instructions listed on page 2 of the agenda.

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If you would like to provide public comment, you have two methods to do so.

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First, for participants who join electronically and have audio input available on their computer or smartphone,

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that can use the raise hand feature in Zoom during the agenda item they'd like to speak or click star 9 on their phone.

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Remember to keep your raise hand feature on until Planning Support staff identifies as your turn to speak.

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Second option is during the meeting, please call 408-535-8517 or email, planning support staff at soundsacca.gov and identify your name that is most Zoom and the phone number you're calling you to Zoom with and what item are items you'd like to comment on.

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All members of the public were in the unmuted until the individual identifies them by to speak and they are unmuted.

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Planning Support staff will identify you by name what it is your turn to speak.

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At that time you'll be unmuted and can provide comment for a lot of time.

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If you exceed your a lot of time, you may be muted so we can move on to the next speaker.

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Please note the following, the hearing procedure in order of input will be as follows.

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I will identify each project as described on the agenda.

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For those items in the consent calendar, I will ask if anyone wishes to speak on the item.

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If a separate discussion is warranted, I will move the item to the public hearing portion of the agenda.

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The separate discussion is not needed that I can remain on the consent calendar for approval.

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For those items must be under public hearing, I will ask staff to provide a brief report.

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The applicant or the representative who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating their name for the record.

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After the applicant or the applicant representatives is spoken, any member of the public who wishes to speak on the item,

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paper by testimony, up to two minutes per speaker, either four or against the project.

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All members of the public should identify their name for the record although it is not required.

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Following comments in the public, the applicant may make additional remarks for up to five minutes.

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I will then close the public hearing.

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I may ask staff to answer questions, respond to comments made by the applicant or the public or for the discuss the item.

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I will then take an action on the item.

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If you challenge these 90 decisions in court, you may be limited to raising only those issues you or someone else raised at this public hearing or written correspondence delivered to the city at or prior to the public hearing.

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The planed records actions on agenda items will be final when the permit is signed and bail, unless the permit or environmental clearance determination is appealed.

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The planning directors actions on the permits are appealable in accordance with the requirements of title 20 of the municipal code or the zoning ordinance.

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The planning directors actions on the environment review for the permits under the California Environmental Quality Act are separately appealable in accordance with the requirements of the title 21 of the municipal code environmental clearance.

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Before you begin, I want to remind members of the public to follow our code of conduct at meetings.

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This includes commenting on the specific agenda item only.

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Public speakers will not engage in conversation with the hearing officer or staff.

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The hearing officer or staff and the public are expected to refrain from abusive language.

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Repeated failure to compile the code of conduct that you will disturb, disrupt, or impede the orderly conduct of this meeting may result or in move from the meetings.

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This meeting of the director here will now come to order.

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Okay, so the first item is the item of deferrals.

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So any item scheduled for this morning for each deferral to the future meeting is being requested.

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We move to this portion of the agenda considered on the matter deferral.

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So at this point, I see no items on the agenda for deferral, however, the staff or anybody wish to move any of the items that are on the agenda for public hearing to deferral.

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If so, please raise your hand.

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Okay.

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Seeing no hands raised.

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And there's no items deferrals out then move on.

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The answer for matter deferrals is now closed.

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Now move on to the consent calendar.

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So the consent calendar.

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There are no items on the consent calendar.

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On today's agenda.

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Therefore, I'm going to move directly onto the public hearing portion of the agenda.

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And this is first item for a.

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So for a is file number H26009 and ER261035.

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This is a site development permit to allow the construction of our approximately 519 square foot detached garage.

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Exterior modifications to an existing duplex, including an attached porch and the demolition of an existing 370 square foot detached garage.

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Approximately 0.13 gross acre site, located on the southern corner of Lincoln Avenue and Pine Avenue at 1108 Pine Avenue.

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So the sequel is exempt pursuant to sequel guidelines 1.5.

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Breel 3 for new construction or conversion to small structures.

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The staff recommendation is consider the exemption according to the sequel and approve the site development permit.

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Staff do have a staff report.

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Good morning.

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Good morning here.

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Hearing officer, yes, we do, but I will need to be able to share.

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Support staff, can you extend screen sharing there?

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Thank you.

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All right.

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Good morning, hearing officer.

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My name is Jason Lee project manager for this file and all of us are the first today.

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So this project, as you said, proposes the demolition and reconstruction of a port.

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Sorry.

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I'm sorry.

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The demolition and reconstruction of a garage and exterior modifications, including attached porch to an existing duplex.

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Please note that there is an ADU proposed above the new garage.

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However, this is not considered part of this permit.

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And must be considered ministerial, pursuant to relevant state laws separately from this permit.

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So the ADU is not a part of the scope of work of this permit.

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This project was evaluated with respect to the general plan, the municipal code, the citywide design guidelines, city council policies and sequo.

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The site has a general plan designation of residential neighborhood.

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The project does not change the use or density of the site and accessory structures are allowed in this designation.

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The project is in the R2 to family resident's district.

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The modifications of the duplex meet the height and set back requirements for main structures and the garage meets the height and set back requirements for accessory buildings.

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The project also meets requirements for barrier coverage, separation between accessories buildings and main structures, transportation demand management requirements and relevant citywide design standards.

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This project is exempt pursuant to section 15303E of the Sequoid Guidelines, which exempts accessories structure, the construction of accessories structures such as garages.

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Staff followed city council policy 630 for public outreach and on site sign was posted on the project site frontages or frontage and this hearing was noticed at a radius of 500 feet.

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Therefore staff recommends that the director consider the exemption and approve the site development permit.

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Thank you and the applicant is Jeff Leang.

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Okay, so Jeff as the applicant you have five minutes to speak.

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If you can raise your hand and then support staff can unmute you please.

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There we go.

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You are unmuted. Let me just put up the time we're here.

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Hello, can you hear me?

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Yeah, I can hear you.

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Okay, great. Thank you. My name is Jeff Leang and it's a great opportunity to present the projects on behalf of the property owner.

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Mr. John and Mr. John purchased this property about a year ago and it reminds that the occurring existing parking garages too small that he cannot put in his car into it.

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And software engine and I do a project survey and notice that this current existing parking garage doesn't have the proper foundation and it's not structurally sound.

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So we propose the property owner to we build this whole garage and to meet the co and be able to part is too car.

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And for the exterior garage we keep the circle and to match the assistant to press unit and the pain on the color what the exterior will match also the do press or similar and also you may see a flood winds on the exterior to because it's on the flat zone.

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And on the other side, the current owner that the property owner is living in the adjacent units 11 or so eight.

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Find Avenue and currently there's no weather protection on the front exterior door and also no protection on where they did that they received the package delivery.

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So we are proposing a new Porsche in front is a foot high and the Porsche roof is also a great tile matching the existing architecture style.

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Thank you.

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Okay, thank you. So now do you have any member of the public who wishes to speak of this item if so please raise your hand or press start and zoom or contact support staff.

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So far I don't see any hands raised.

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Support staff have you been contacted by anybody wishes to speak on this item.

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Now we have not.

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Okay.

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Does not look like the only public speakers on this item.

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The applicant has five or minutes to speak if they wish otherwise they can see their time.

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Do you want.

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Do you have anything more to add?

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No.

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Okay.

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Thank you.

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With that, I will close the public hearing.

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So I have reviewed the comments.

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The public comments that received on this project prior to the hearing and writing and correspondence with the planter Jason Lee.

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I reviewed the permit and the plans.

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This permit that meets the criteria.

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And I am going to be a proving site development permit age 26 as 006 and ER 26 as 027.

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And consider the project exact pursuit to secret guidelines section 15303.

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So support staff.

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You could show that on the screen.

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One second please.

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Okay.

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If you one person has raised their hand.

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However, they.

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Brett, I see, would you want to speak on this item of the public hearing as the public.

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Pretty fortunate of item.

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This item is closed.

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So that no one raised their hands during the opportunity for public hearing.

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So therefore, you know, the public hearing.

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This is the public comment period for this item was closed and this permit has been approved.

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However, you have an opportunity to comment if you have commenting on other permits will be getting to go shortly.

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The next item.

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Item 4 B.

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So that's.

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I think I said.

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Yeah.

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Yeah.

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Item 4 B is age 26 as 006 and ER 26 as 027.

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So this is the site development permit to allow the construction of approximately 2,915 square foot storage building.

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And demolition of 10 existing sheds total in 1,684 square feet.

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Approximately 9.13 gross sacred site located at the northeast corner of Trinidad Drive and A.K.O.A. at 6835 Trinidad Drive.

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This is the album and country day school.

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The is equal is exempt for soon to seek look on its section 1353 for new construction of small structures.

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The staff recommendations consider the exemption requirements to seek when approve a site development permit.

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Staff, do we have a staff report?

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Yeah.

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All right.

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Good morning again.

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So Jason Lee again, project manager for age 26, 006.

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So the project site for this proposal is the Ovidin country day school campus.

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And the specific project site is.

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Between the modular buildings and the interior Ovidin little league baseball field towards the winter set.

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Drive side of the or is winter set ways are side of the campus.

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It's this area right here.

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The project proposes the demolition of.

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All-salt is the Ovidin Country Day School campus.

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And the specific project site is between the modular buildings and the interior omitant little league

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Baseball field towards the winter set, drive side of the, or it's winter set ways, sorry,

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side of the campus is, it's this area right here. The project proposes the demolition of Sheds

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and other containers currently in that location for replacement storage building.

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This project was evaluated with respect to the general plan, the municipal code, the citywide

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design guidelines, city council policies, and the site has the general plan designation of public

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quasi-public. The project creates additional storage space at a private school, which is consistent with the designation.

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The project is in the PQP zoning district as well, and the proposal meets height and setback

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requirements, transportation demand management requirements, lighting requirements, and

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relevant citywide design standards. The project is exempt pursuant to 15303E of the

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SQL guidelines, which exempts accessory structures, such as storage buildings. Sorry.

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Staff followed city council policy 630 for public outreach and on site sign was posted on the project

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site frontages and this hearing was noticed at a radius of 500 feet.

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Staff did receive very late comment from Valley Water last night regarding a flood zone and well

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destruction. Valley Water was concerned about the project being in the A.E.

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Flood Zone, but all improvements in this plan are in the X Flood Zone. If found that improvements

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will encroach on the A.E. Flood Zone in the future additional public works review is required,

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pursuant to condition 23E of the permit. This is the draft permit that was posted.

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Valley Water also commented on potential well destruction as there is a well on site.

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Staff does not propose adding a condition, but would like to remind the applicant that if a well

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is found during development of this project, they must contact Valley Water's well ordinance program and all

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wells that are encountered must either be properly destroyed or protected from damage.

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With that staff recommends that the director consider the exemption and approve the site development permit.

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As posted with no additional conditions.

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Thank you.

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And the athlete kit is run sippering.

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I don't know if Marty Hart.

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Sorry.

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Okay.

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Hock Roth is on here.

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But if so, he might want to speak as well.

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Thanks.

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Okay.

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So the applicant's representative.

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Please raise your hand.

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You have five minutes to speak.

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Or potentially bill gold.

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Or Ron.

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Yeah.

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Okay.

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Yes.

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Thank you, Ron.

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So you have five minutes to speak.

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On behalf of the applicant.

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I really don't have much to add.

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You know, this is a replacement of some old tough shed buildings and some old containers and modernizing the area and improving the area.

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And along is they have additional storage.

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Other than that, I have no other comments.

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I think the site development permit speaks to all the details.

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And what you can do is to explain the project pretty thoroughly.

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So let's see the rest of my time.

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Thank you.

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So is there any member of the public who wish to speak on this item?

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If so, please raise your hand now in Zoom or press star 9 or call on to support staff.

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Okay.

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Support staff have you received any any input or any request to speak on this item?

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I have not received anything.

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At this time.

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Thank you.

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So I do not see any hands raised or no one has reached out to support staff to speak on this item.

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If that I'm going to close the public comment period and go back to the applicant.

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If the applicant wants to make any more statements.

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They have five more minutes to do so.

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Right.

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Nothing more to add.

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You know, we're just in what what Valley Water is said.

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And we will comply with what they're asking.

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I'll see the rest of my time.

226
00:20:14,000 --> 00:20:15,000
Okay.

227
00:20:15,000 --> 00:20:17,000
Thank you.

228
00:20:17,000 --> 00:20:22,000
So if that I'm going to close the public comment period.

229
00:20:22,000 --> 00:20:36,000
So reviewing this permit, reviewing the new communication from Valley Water and communication with the project planner during project review.

230
00:20:36,000 --> 00:20:39,000
I do not see any major issues with this project.

231
00:20:39,000 --> 00:20:44,000
This seems to be generally a cleanup of an existing site existing school site.

232
00:20:44,000 --> 00:20:49,000
So if that I am going to consider the exemption in accordance with SQL and approve site development permit.

233
00:20:49,000 --> 00:20:50,000
H26.

234
00:20:50,000 --> 00:20:52,000
That's zero zero six.

235
00:20:52,000 --> 00:20:54,000
So support staff.

236
00:20:54,000 --> 00:20:56,000
If you can please put that up.

237
00:20:56,000 --> 00:20:57,000
Thank you.

238
00:20:57,000 --> 00:20:59,000
So item for be is approved.

239
00:20:59,000 --> 00:21:01,000
And now I'm going to move on to item number four.

240
00:21:01,000 --> 00:21:06,000
So item number four.

241
00:21:06,000 --> 00:21:07,000
So item number four.

242
00:21:07,000 --> 00:21:11,000
C is file S p twenty six.

243
00:21:11,000 --> 00:21:12,000
This is S p twenty five.

244
00:21:12,000 --> 00:21:15,000
That's zero two three and ER 25.

245
00:21:15,000 --> 00:21:16,000
That's two two three.

246
00:21:16,000 --> 00:21:31,000
This is a special use permit to about the expansion of existing legal not conforming office use including medical office uses currently on the second form and existing building the Hawaii pineapple company building the candidate sitting landmark to a first floor.

247
00:21:31,000 --> 00:21:41,000
And visiting by establishing additional office storage and trading space as well as uses at somewhere to the existing office in medical office space included a food pantry gym.

248
00:21:41,000 --> 00:21:48,000
Concession stand daycare and additional community space and added additional doors in the facade of the building.

249
00:21:48,000 --> 00:21:58,000
On to approximately 0.83 gross sacred site located the seven quarter of East Virginia street in South fifth street at what 60 East Virginia street.

250
00:21:58,000 --> 00:22:08,000
And it's an exact person to seek what got in section one by three one for existing facilities staff recommendation is considered the exception in accordance with seek when approve a special use for this.

251
00:22:08,000 --> 00:22:16,000
Staff do you have a staff report on this please.

252
00:22:16,000 --> 00:22:19,000
All right, let's do this again.

253
00:22:19,000 --> 00:22:20,000
Good morning here.

254
00:22:20,000 --> 00:22:25,000
Officer Jason Lee again, a project manager for SP 25 to 23 as well.

255
00:22:25,000 --> 00:22:26,000
So.

256
00:22:26,000 --> 00:22:37,000
As you said, this project proposed the expansion of legal not conforming office and medical office uses currently on the second floor of an existing building to the first floor and the mezzanine.

257
00:22:37,000 --> 00:22:43,000
The office and medical office uses are not permitted in the ally light industrial zoning district.

258
00:22:43,000 --> 00:22:54,000
But the city found such uses to be legal not conforming in 2001 and again in 2024 and expansion of such legal not conforming uses is permitted with a special use permit.

259
00:22:55,000 --> 00:23:15,000
This permit would allow the office and medical office use and uses ancillary to such uses, including a gym, concession sand and day care for staff and clients and a food pantry and community space for health related gardener programs to be established on the first floor and the mezzanine.

260
00:23:15,000 --> 00:23:23,000
The project was evaluated with respect to the general plan the Martha Garden specific plan the municipal code city council policies and sequel.

261
00:23:23,000 --> 00:23:30,000
As I mentioned, the site has a general plan designation of light industrial or offices are discouraged but not outright prohibited.

262
00:23:30,000 --> 00:23:42,000
In addition, the project complies with general plan major strategy number 11 regarding design for a helpful community and various general plan policies regarding health care for city residents and historic preservation.

263
00:23:42,000 --> 00:23:55,000
The project also complies with the Martha Garden specific plan goals and policies regarding retention of historic buildings flexible permit processes and limiting on street truck activities.

264
00:23:55,000 --> 00:24:00,000
The project is in the ally light industrial zoning district and the uses legal not conforming.

265
00:24:00,000 --> 00:24:05,000
There are no changes to height and setbacks lighting and landscaping.

266
00:24:05,000 --> 00:24:14,000
And the conversion of space is exempt from providing a transportation demand management plan due to the amount of space converted.

267
00:24:14,000 --> 00:24:25,000
The project is exempts pursuant to section 15301A of the secret guidelines which exempts minor interior or exterior alterations including interior partitions.

268
00:24:25,000 --> 00:24:34,000
Additionally, there is a change in the facade of the building as candidate city landmark as the project replaces a dock door with a new storefront door.

269
00:24:34,000 --> 00:24:47,000
Architectural resources group evaluated this change and found that the proposed alterations comply with the secretary of the interior standards for rehabilitation and would not impact the historic integrity of the building.

270
00:24:47,000 --> 00:24:57,000
Staff followed city council policy 630 for public outreach and on site sign was posted on the project site frontages and this hearing was noticed at a radius of 500 feet.

271
00:24:57,000 --> 00:25:04,000
Therefore staff recommends that the director consider the exemption and approve the special use permit.

272
00:25:04,000 --> 00:25:11,000
Thank you and the applicant representative is our machine.

273
00:25:11,000 --> 00:25:14,000
Okay, thank you Jason.

274
00:25:14,000 --> 00:25:18,000
So the applicant has five minutes to speak Eric.

275
00:25:18,000 --> 00:25:22,000
Please raise your hand if you wish to speak on the side.

276
00:25:22,000 --> 00:25:23,000
Okay.

277
00:25:23,000 --> 00:25:25,000
Okay, five minutes.

278
00:25:25,000 --> 00:25:29,000
Good morning, hearing officer Keon.

279
00:25:29,000 --> 00:25:31,000
My name is Eric Sheenauer.

280
00:25:31,000 --> 00:25:34,000
I represent Gardner Health Services on this application.

281
00:25:34,000 --> 00:25:46,000
Gardner Health has used this building to provide health services and wellness services to primarily low income people in our community for 32 years since 1994.

282
00:25:46,000 --> 00:25:55,000
So this is not a new project. It's not a new operation. It's not a new activity at all due to the oddities of city land use policy.

283
00:25:55,000 --> 00:26:03,000
We've had to go through this process to allow continue to allow the operations on the first floor of this building.

284
00:26:03,000 --> 00:26:05,000
So

285
00:26:06,000 --> 00:26:20,000
Because we're providing critical health services to the community because the activity is compatible with the surrounding neighborhood and because we are preserving a candidate landmark.

286
00:26:20,000 --> 00:26:24,000
Historic building and keeping it in productive use.

287
00:26:24,000 --> 00:26:34,000
We hope that the director will approve this permit and we thank city staff for all their efforts to review the project and bring this forward to hearing.

288
00:26:34,000 --> 00:26:38,000
I'm available for any questions if the public has any. Thank you so much.

289
00:26:38,000 --> 00:26:40,000
Okay. Thank you.

290
00:26:40,000 --> 00:26:42,000
Is there any member of the public?

291
00:26:42,000 --> 00:26:46,000
I'm going to move on to public comment. Is there any member of the public wish to speak on this item?

292
00:26:46,000 --> 00:26:52,000
If so, please press star nine or raise your head and zoom or contact the fourth staff at this time.

293
00:26:52,000 --> 00:27:04,000
Okay.

294
00:27:04,000 --> 00:27:09,000
Don't see any hands raised at this point.

295
00:27:09,000 --> 00:27:10,000
Support staff.

296
00:27:10,000 --> 00:27:12,000
Actually, I do.

297
00:27:12,000 --> 00:27:14,000
I see loading and going.

298
00:27:14,000 --> 00:27:15,000
Yes.

299
00:27:15,000 --> 00:27:16,000
Please.

300
00:27:16,000 --> 00:27:17,000
Yes. Thank you.

301
00:27:17,000 --> 00:27:20,000
I was just looking for the lower and higher hand portion.

302
00:27:21,000 --> 00:27:25,000
It's not an audit key. You mentioned the word audit key.

303
00:27:25,000 --> 00:27:34,000
The historic preservation and commission has not been able to meet and they've canceled all meetings in the last gosh half year.

304
00:27:34,000 --> 00:27:44,000
So when you say you had an historic conference or commission meet on this particular building when and where.

305
00:27:44,000 --> 00:27:57,000
I'm just curious because I do happen to listen to the historic commission meetings when they have them and they've been really interesting but they've had a lot of controversy with the city and I just wondered what the word audit team meant.

306
00:27:57,000 --> 00:28:09,000
If it refer to the historic portion of it and when and where you met to discuss the historic aspect of that particular building. Thank you.

307
00:28:09,000 --> 00:28:10,000
Thank you.

308
00:28:10,000 --> 00:28:16,000
Is there anybody else from the public who wish to speak on this item? Please raise your hand at this time or press start.

309
00:28:22,000 --> 00:28:26,000
Okay, I don't see any one.

310
00:28:26,000 --> 00:28:30,000
Support staff have you been contacted just by anybody to speak on this item?

311
00:28:30,000 --> 00:28:33,000
No, we have not.

312
00:28:34,000 --> 00:28:49,000
Okay, with that I'm going to close the public comment portion. So now I'm going to return to the applicant the applicant has five more minutes to speak before we go on to staff.

313
00:28:49,000 --> 00:28:52,000
Can you hear me? Yes, I can hear you.

314
00:28:52,000 --> 00:28:58,000
Yes, so first of all there is no significant change to this building. So there's no need for.

315
00:28:58,000 --> 00:29:10,000
The historic landmarks commission review as staff is indicated there's one roll up loading dock door that's being transitioned to a traditional storefront door.

316
00:29:10,000 --> 00:29:23,000
An expert historic consultant has evaluated that minor door change and deemed the revised door to be consistent with the Secretary of Interior standards.

317
00:29:23,000 --> 00:29:33,000
The waste of everybody's time to go to the historic landmarks commission on the change of a door and nor is it required by city policy.

318
00:29:33,000 --> 00:29:50,000
Secondly, the my comment about audity is simply the fact that that for decades the city would preserve light industrial property designations in the middle of what it wants to be an urban residential neighborhood.

319
00:29:50,000 --> 00:29:58,000
This property should have been transitioned to something other than light industrial decades ago, but the city has failed to do so.

320
00:29:58,000 --> 00:30:00,000
And because of that it creates.

321
00:30:00,000 --> 00:30:14,000
And because of that, it creates these land use in consistencies and problems keeping buildings occupied with uses that are compatible with the surrounding urban residential neighborhood.

322
00:30:14,000 --> 00:30:24,000
So with that, we hope that the director will approve the permit so we can continue providing health care to families in San Jose. Thank you.

323
00:30:25,000 --> 00:30:29,000
Thank you, Eric. So that I'm closing the applicant comment.

324
00:30:29,000 --> 00:30:40,000
And so now just a very quick question to the planar, basically, about the store review. So this is a candidate city landmark.

325
00:30:40,000 --> 00:30:47,000
Correct. So it's not actually listed on the historic resources inventory as a city landmark or state or federal landmark. Correct.

326
00:30:47,000 --> 00:30:53,000
That is correct. It is a candidate city landmark in a candidate district.

327
00:30:54,000 --> 00:31:00,000
Both federal, both our national register and city landmark district.

328
00:31:00,000 --> 00:31:04,000
But we're all categories. It is candidate.

329
00:31:04,000 --> 00:31:12,000
And staff does generally have the option to take these to historic.

330
00:31:13,000 --> 00:31:16,000
The HLC if needed.

331
00:31:16,000 --> 00:31:20,000
But again, we did the scope of the change is very small.

332
00:31:20,000 --> 00:31:27,000
As mentioned twice now, it's a doctor going to a store front door.

333
00:31:27,000 --> 00:31:38,000
And we've received a evaluation from a qualified to store a consultant basically saying that this does not impact the integrity of the building.

334
00:31:38,000 --> 00:31:40,000
So.

335
00:31:40,000 --> 00:31:46,000
And it just wanted to ask that. So the historic preservation officer also reviewed this historic report.

336
00:31:46,000 --> 00:31:56,000
That's correct. Yes. The secret team and the historic preservation officer reviewed the part and agree with its conclusions otherwise.

337
00:31:56,000 --> 00:31:59,000
We wouldn't have.

338
00:31:59,000 --> 00:32:04,000
We wouldn't be recommending of 15301 a exemption.

339
00:32:04,000 --> 00:32:05,000
Okay. Thank you.

340
00:32:05,000 --> 00:32:07,000
Yeah. And just so just.

341
00:32:07,000 --> 00:32:10,000
With that. Thank you for the question. So with that.

342
00:32:10,000 --> 00:32:13,000
So looking at this project.

343
00:32:13,000 --> 00:32:16,000
The change of application is very minor.

344
00:32:16,000 --> 00:32:17,000
I do want to mention.

345
00:32:17,000 --> 00:32:22,000
So the historical landmarks commission would would be.

346
00:32:22,000 --> 00:32:25,000
The applicable if the project was actually designated as a city.

347
00:32:25,000 --> 00:32:29,000
As soon as the project building was actually designated city landmark.

348
00:32:29,000 --> 00:32:32,000
And there are substantial changes to that building.

349
00:32:32,000 --> 00:32:35,000
But was actually listed as a city landmark.

350
00:32:35,000 --> 00:32:38,000
Then it would have to go to the historic landmarks commission.

351
00:32:38,000 --> 00:32:42,000
However, because the cadet city landmark market has not been designated yet.

352
00:32:42,000 --> 00:32:48,000
Therefore, we do our review. And this is actually part of the environment review under the California Environmental Quality Act.

353
00:32:48,000 --> 00:32:49,000
Sequa.

354
00:32:49,000 --> 00:32:51,000
If the changes are significant enough.

355
00:32:51,000 --> 00:32:52,000
That was done.

356
00:32:52,000 --> 00:32:54,000
We had a historic.

357
00:32:54,000 --> 00:33:00,000
We prepared a technical report to review for consistency of the changes with the Secretary of Interior Standards,

358
00:33:00,000 --> 00:33:02,000
and our in-house historic expert.

359
00:33:02,000 --> 00:33:04,000
The historic preservation officer.

360
00:33:04,000 --> 00:33:06,000
Dana peak reviewed that.

361
00:33:06,000 --> 00:33:07,000
And you terminated this changes.

362
00:33:07,000 --> 00:33:09,000
Mine are not visited and not need.

363
00:33:09,000 --> 00:33:12,000
The storm owners commission review or additional.

364
00:33:12,000 --> 00:33:13,000
Changes.

365
00:33:13,000 --> 00:33:15,000
So with that.

366
00:33:15,000 --> 00:33:21,000
This project is essentially continuing a use that has existed on the site for several decades.

367
00:33:21,000 --> 00:33:25,000
It is a legal and not-conforming use that as the planner said.

368
00:33:25,000 --> 00:33:29,000
This has been already in place in 2001.

369
00:33:29,000 --> 00:33:34,000
And if you meet the criteria, you are allowed to expand a legal and not-conforming use.

370
00:33:34,000 --> 00:33:37,000
And this project meets that criteria.

371
00:33:37,000 --> 00:33:43,000
Therefore, as the hearing officer, I am going to consider the exemption in accordance with Sequa

372
00:33:43,000 --> 00:33:48,000
and approve special use from at SB 25 as 023.

373
00:33:48,000 --> 00:33:52,000
Those supports staff, if you can please put that up.

374
00:33:52,000 --> 00:33:55,000
Thank you.

375
00:33:55,000 --> 00:33:59,000
Okay.

376
00:33:59,000 --> 00:34:04,000
Now I'm going to move on to item 4D.

377
00:34:04,000 --> 00:34:10,000
So 4D is file number H22 does 039 and ER22 does 2-5-4.

378
00:34:10,000 --> 00:34:14,000
This is a site that I want to permit to allow the construction of a 4-story,

379
00:34:14,000 --> 00:34:18,000
approximately 53,450 square foot medical office,

380
00:34:18,000 --> 00:34:22,000
and retail building, the demolition of 5 existing commercial structures,

381
00:34:22,000 --> 00:34:25,000
total in approximately 4,60036 square feet,

382
00:34:25,000 --> 00:34:30,000
and a removal of two non-ordered size trees, and approximately 0.43 grow

383
00:34:30,000 --> 00:34:34,000
sicker site located at the southwest corner at the intersection of south-baskin

384
00:34:34,000 --> 00:34:39,000
Avenue and Baywood Avenue at 941-945-Baskin Avenue.

385
00:34:39,000 --> 00:34:45,000
The Sequa is an example of the Sequa guideline section 15332 for ample development projects.

386
00:34:45,000 --> 00:34:49,000
The staff recommendation is considered the exception of accordance with Sequa

387
00:34:49,000 --> 00:34:51,000
and approve a site development permit.

388
00:34:51,000 --> 00:34:55,000
Staff, do we have a staff report?

389
00:34:59,000 --> 00:35:02,000
All right. Yes, we do.

390
00:35:02,000 --> 00:35:08,000
Good morning again. My name is Jason Lee, a project manager for H22-039.

391
00:35:08,000 --> 00:35:12,000
The project site for this proposal is two parcels

392
00:35:12,000 --> 00:35:16,000
at the southwest corner of Baskin Avenue and Maywood Avenue.

393
00:35:16,000 --> 00:35:20,000
The project proposes the demolition of all existing on-site buildings,

394
00:35:20,000 --> 00:35:23,000
and the removal of two non-ordered and size trees,

395
00:35:23,000 --> 00:35:28,000
to construct a new 4-story medical office and retail building with ground floor

396
00:35:28,000 --> 00:35:30,000
and underground parking.

397
00:35:30,000 --> 00:35:34,000
The project was evaluated with respect to the general plan,

398
00:35:34,000 --> 00:35:36,000
the south-baskin urban village plan,

399
00:35:36,000 --> 00:35:40,000
the municipal code, the citywide designs standards,

400
00:35:40,000 --> 00:35:42,000
city council policies, and Sequa.

401
00:35:42,000 --> 00:35:46,000
The site has a general plan designation of neighborhood community commercial,

402
00:35:46,000 --> 00:35:50,000
and is in the CP commercial pedestrian zoning district.

403
00:35:50,000 --> 00:35:56,000
It is also within the mixed use character area within the south-baskin urban village plan,

404
00:35:56,000 --> 00:36:00,000
which allows 100% commercial uses and does not require mixed use projects.

405
00:36:00,000 --> 00:36:02,000
Oops.

406
00:36:02,000 --> 00:36:06,000
Staff has found that the project is consistent with the general plan and its policies,

407
00:36:06,000 --> 00:36:09,000
including the maximum allowed floor area ratio,

408
00:36:09,000 --> 00:36:14,000
focused growth within urban villages, and the development of commercial uses.

409
00:36:14,000 --> 00:36:18,000
The project is also consistent with the urban village plan and its policies,

410
00:36:18,000 --> 00:36:22,000
including building height, ground floor commercial uses and design,

411
00:36:22,000 --> 00:36:26,000
parking location, and upper-story step backs to accommodate a daylight plan,

412
00:36:26,000 --> 00:36:28,000
adjacent to single family homes.

413
00:36:28,000 --> 00:36:30,000
The project complies with the allowed uses,

414
00:36:30,000 --> 00:36:34,000
height, set backs, bicycle and two-wheeled motorized vehicle parking,

415
00:36:34,000 --> 00:36:38,000
lighting, and screening requirements of the zoning code,

416
00:36:38,000 --> 00:36:42,000
and is exempt from providing a transportation demand management plan

417
00:36:42,000 --> 00:36:44,000
due to the floor area proposed.

418
00:36:44,000 --> 00:36:48,000
The project has been granted five exceptions to the citywide design standards,

419
00:36:48,000 --> 00:36:54,000
with four regarding driveways, specifically a maximum of one driveway on Maywood,

420
00:36:54,000 --> 00:36:58,000
driveways been less than 25% of street furnish,

421
00:36:58,000 --> 00:37:02,000
separation of driveways, and fly out openings at garage entrances.

422
00:37:02,000 --> 00:37:06,000
The fifth request is related to a transparent facade at building corners.

423
00:37:06,000 --> 00:37:12,000
In general, the driveway-related exceptions are needed in order to provide

424
00:37:12,000 --> 00:37:16,000
below-grade parking, which requires dual driveways on Maywood Avenue

425
00:37:16,000 --> 00:37:20,000
in order to meet required ramp grade and...

426
00:37:20,000 --> 00:37:24,000
In order to meet the ramp grade and length requirements,

427
00:37:24,000 --> 00:37:30,000
the building corner exception is required in order to allow required stairs,

428
00:37:30,000 --> 00:37:36,000
which must be at the front of the building due to the required building step back.

429
00:37:36,000 --> 00:37:42,000
Of, or, sequel, I will turn it over to the environmental owner, Charlotte.

430
00:37:42,000 --> 00:37:44,000
Good morning, hearing officer.

431
00:37:44,000 --> 00:37:48,000
I'm Charlotte, you and the environmental project manager.

432
00:37:48,000 --> 00:37:54,000
So, this is a 0.43 gross acre site that's located within an urban area in San Jose,

433
00:37:54,000 --> 00:37:58,000
and it's around about urban uses, including residential and commercial uses.

434
00:37:58,000 --> 00:38:03,000
So, the site does not have any value as habitat for endangered rare or threatened species,

435
00:38:03,000 --> 00:38:08,000
and analyses conducted for the project concludes that the project would not result in significant effects

436
00:38:08,000 --> 00:38:14,000
related to traffic, noise, air quality, or water quality, with the implementation of conditions

437
00:38:14,000 --> 00:38:16,000
in the permit based on this analysis.

438
00:38:16,000 --> 00:38:20,000
The project is not anticipated to have a significant effect on the environment.

439
00:38:20,000 --> 00:38:25,000
The project will require to adhere to standard building and printing permit conditions,

440
00:38:25,000 --> 00:38:28,000
as well as environmental standard permit conditions,

441
00:38:28,000 --> 00:38:33,000
related to air quality, cultural resources, geology, and soils, hazards, and hazardous materials,

442
00:38:33,000 --> 00:38:35,000
water quality, and noise, or abrasion.

443
00:38:35,000 --> 00:38:39,000
The operation of the project would be for a medical office in retail space,

444
00:38:39,000 --> 00:38:43,000
and would not be a generating source of excessive operational noise or odor.

445
00:38:43,000 --> 00:38:47,000
Therefore, the project would not contribute any significant adverse effects

446
00:38:47,000 --> 00:38:49,000
to the surrounding environment.

447
00:38:49,000 --> 00:38:53,000
In response to a comma letter received on July 28th from a property owner,

448
00:38:53,000 --> 00:38:57,000
reciting in a home adjacent to the property project site.

449
00:38:57,000 --> 00:39:02,000
These site environmental concerns regarding vibration, noise, noise, air quality,

450
00:39:02,000 --> 00:39:06,000
and unusual circumstances, just like to clarify the following.

451
00:39:06,000 --> 00:39:11,000
So, firstly, a noise and vibration report was prepared for this project,

452
00:39:11,000 --> 00:39:13,000
by technical expert.

453
00:39:13,000 --> 00:39:16,000
The vibration findings identified in the report,

454
00:39:16,000 --> 00:39:19,000
are not unusual for an urban infill environment,

455
00:39:19,000 --> 00:39:22,000
and any vibrational impacts be less than significant

456
00:39:22,000 --> 00:39:25,000
with the implementation of standard condition of approval,

457
00:39:25,000 --> 00:39:29,000
identified in the SQL document, regarding concerns about noise,

458
00:39:29,000 --> 00:39:33,000
construction noise impacts were evaluated based on the construction schedule

459
00:39:33,000 --> 00:39:36,000
provided by the project applicant, which stated 12 months.

460
00:39:36,000 --> 00:39:38,000
So, that was what was evaluated.

461
00:39:38,000 --> 00:39:42,000
And for our operational noise, specifically rooftop mechanical noise,

462
00:39:42,000 --> 00:39:44,000
that was the state concern.

463
00:39:44,000 --> 00:39:47,000
The noise report states that hourly average noise levels,

464
00:39:47,000 --> 00:39:48,000
and day-night average noise levels,

465
00:39:48,000 --> 00:39:53,000
we're not exceed 555 BBA at the nearest surrounding residences.

466
00:39:53,000 --> 00:39:58,000
Additionally, the city's municipal code threshold of 60 DBA at office

467
00:39:58,000 --> 00:40:01,000
and commercial uses would not be exceeded during monthly tests.

468
00:40:01,000 --> 00:40:05,000
And for all existing receptors, the noise level increased

469
00:40:05,000 --> 00:40:08,000
due to a potentially emergency generator noise would not be

470
00:40:08,000 --> 00:40:10,000
measurable or detectable.

471
00:40:10,000 --> 00:40:14,000
Secondly, regarding the issue of air quality and air quality

472
00:40:14,000 --> 00:40:17,000
technical expert prepared a report for the project,

473
00:40:17,000 --> 00:40:21,000
the project, Maximally Exposed Individual MI,

474
00:40:21,000 --> 00:40:24,000
is identified by the technical report as the sensitive

475
00:40:24,000 --> 00:40:27,000
researcher that is most impacted by the project's construction

476
00:40:27,000 --> 00:40:28,000
and operation.

477
00:40:28,000 --> 00:40:32,000
The MI might not be the nearest receptor because of revealing winds

478
00:40:32,000 --> 00:40:34,000
and sub-tucant dispersion modeling.

479
00:40:34,000 --> 00:40:38,000
In this project's case, the cancer risk MI is not the adjacent

480
00:40:38,000 --> 00:40:40,000
or nearest receptor, but a multi-family resident

481
00:40:40,000 --> 00:40:42,000
southeast of the site.

482
00:40:42,000 --> 00:40:44,000
And the cancer risk at the cancer risk MI

483
00:40:44,000 --> 00:40:47,000
does not exceed the bad threshold.

484
00:40:47,000 --> 00:40:49,000
Or the air districts are threshold.

485
00:40:49,000 --> 00:40:53,000
Therefore, all nearby residents are also below threshold.

486
00:40:53,000 --> 00:40:58,000
Lastly, to clarify, the unusual circumstances exception

487
00:40:58,000 --> 00:41:01,000
does not include the exemption.

488
00:41:01,000 --> 00:41:04,000
The project, the proposed project is a typical

489
00:41:04,000 --> 00:41:06,000
project of an urban and built project.

490
00:41:06,000 --> 00:41:09,000
Within the city, the project site is not biologically sensitive

491
00:41:09,000 --> 00:41:12,000
and the proposed project is within the footprint of the project

492
00:41:12,000 --> 00:41:13,000
slightly.

493
00:41:13,000 --> 00:41:18,000
So under the provision section 1552 of the state guidelines

494
00:41:18,000 --> 00:41:22,000
for implementation of the California Environmental Quality Act,

495
00:41:22,000 --> 00:41:25,000
see staff find the project to be exempt from the environmental review

496
00:41:25,000 --> 00:41:30,000
requirements of Title 21 of the San Jose Municipal Quote code.

497
00:41:30,000 --> 00:41:33,000
Thank you.

498
00:41:33,000 --> 00:41:34,000
All right.

499
00:41:34,000 --> 00:41:35,000
Thank you, Charlotte.

500
00:41:35,000 --> 00:41:36,000
Thank you, Charlotte.

501
00:41:36,000 --> 00:41:40,000
So to sum up here, staff follow the city council policy

502
00:41:40,000 --> 00:41:42,000
6430 for public outreach.

503
00:41:42,000 --> 00:41:45,000
And on site side was hosted on the project site

504
00:41:45,000 --> 00:41:48,000
frontages for several years now, and this hearing

505
00:41:48,000 --> 00:41:51,000
was noticed at a radius of 500 feet.

506
00:41:52,000 --> 00:41:55,000
Therefore, staff recommends that the director consider the

507
00:41:55,000 --> 00:42:00,000
exemption for this project and approve the site development

508
00:42:00,000 --> 00:42:01,000
permit.

509
00:42:01,000 --> 00:42:03,000
Thank you.

510
00:42:03,000 --> 00:42:08,000
The applicant's representative is Evan Sock Losky,

511
00:42:08,000 --> 00:42:12,000
and the applicant is Nick Berkish.

512
00:42:12,000 --> 00:42:13,000
Okay.

513
00:42:13,000 --> 00:42:14,000
Thank you, Jason.

514
00:42:14,000 --> 00:42:16,000
So the applicant can raise their hand at applicants

515
00:42:17,000 --> 00:42:21,000
and then you have five minutes to speak.

516
00:42:21,000 --> 00:42:23,000
Okay, Evan.

517
00:42:23,000 --> 00:42:26,000
Yeah, five minutes.

518
00:42:26,000 --> 00:42:28,000
Good morning, hearing officer.

519
00:42:28,000 --> 00:42:30,000
My name is Evan Sock Losky.

520
00:42:30,000 --> 00:42:34,000
With architect, we are the architect of the project,

521
00:42:34,000 --> 00:42:37,000
and are excited to be here in front of you this morning.

522
00:42:37,000 --> 00:42:41,000
We've been working very diligently with Jason and staff

523
00:42:41,000 --> 00:42:45,000
to get to this point and are excited to continue to move this project

524
00:42:45,000 --> 00:42:46,000
forward.

525
00:42:46,000 --> 00:42:51,000
We work very closely in responding to the design guidelines.

526
00:42:51,000 --> 00:42:54,000
And one of them in particular that we made sure was

527
00:42:54,000 --> 00:42:59,000
incorporated was the setbacks adjacent to our neighbors.

528
00:42:59,000 --> 00:43:02,000
As you can see in the rendering that Jason shared,

529
00:43:02,000 --> 00:43:05,000
the building steps back significantly maintaining that daylight

530
00:43:05,000 --> 00:43:10,000
plane, which is both the design feature as well as

531
00:43:11,000 --> 00:43:15,000
respecting the needs and the zoning requirements on the site.

532
00:43:15,000 --> 00:43:20,000
I know one of the.

533
00:43:20,000 --> 00:43:26,000
One of the items that was mentioned as far as the exemptions

534
00:43:26,000 --> 00:43:31,000
had to do with the two driveways on Maywood.

535
00:43:31,000 --> 00:43:35,000
And one of the challenges on this site is some of the guidelines

536
00:43:36,000 --> 00:43:40,000
requiring us not to have any access points on.

537
00:43:40,000 --> 00:43:41,000
Basque Avenue.

538
00:43:41,000 --> 00:43:45,000
So we work very hard on developing the ability to provide as much parking

539
00:43:45,000 --> 00:43:50,000
as as we could on the site, both the four staff and for visitors,

540
00:43:50,000 --> 00:43:54,000
which is why the evolution of the two driveways.

541
00:43:54,000 --> 00:43:56,000
Develop on the site.

542
00:43:56,000 --> 00:44:02,000
The site includes retail on the ground floor with the medical office above.

543
00:44:02,000 --> 00:44:06,000
So we're really excited based on the location of this building to have

544
00:44:06,000 --> 00:44:10,000
an opportunity to develop this and become a very nice in-fill project

545
00:44:10,000 --> 00:44:15,000
for the city of San Jose.

546
00:44:15,000 --> 00:44:18,000
Okay, thank you.

547
00:44:18,000 --> 00:44:20,000
So.

548
00:44:21,000 --> 00:44:25,000
We're not.

549
00:44:25,000 --> 00:44:27,000
Oh, of course, anybody.

550
00:44:27,000 --> 00:44:30,000
And the public wish to speak on this item, I have one person that is

551
00:44:30,000 --> 00:44:32,000
raised their hand.

552
00:44:32,000 --> 00:44:33,000
Are you.

553
00:44:33,000 --> 00:44:35,000
Are you, are you, are you, and please,

554
00:44:35,000 --> 00:44:42,000
speak up two minutes and then we have another speaker afterwards.

555
00:44:42,000 --> 00:44:43,000
Yeah.

556
00:44:43,000 --> 00:44:44,000
Good morning.

557
00:44:44,000 --> 00:44:45,000
My name is.

558
00:44:45,000 --> 00:44:46,000
I am Tatea.

559
00:44:46,000 --> 00:44:51,680
I only took 2-2-0, maybe I would have a new, maybe really best of this project site.

560
00:44:51,680 --> 00:44:56,840
I shown you object to improving S-2-2-0-39 as promptly adapted.

561
00:44:56,840 --> 00:45:00,160
The applicant's own consultant, the lingwood and rod can...

562
00:45:00,000 --> 00:45:05,460
Will attend the Lingwood and Rotten studying these files and says construction could act my Russian

563
00:45:05,460 --> 00:45:12,340
initial building. With vibration of 2.58 inches per second he has been 3 times a city point

564
00:45:12,340 --> 00:45:20,140
two Russian financial threshold that is not my number, it is theirs. My home was built in 1946, and

565
00:45:20,140 --> 00:45:25,960
set only a few feet from their graduation line. My family will live with this risk. If a project

566
00:45:25,960 --> 00:45:31,640
exit the city noise or air quality limits by three times, no one would call that a detail to

567
00:45:31,640 --> 00:45:37,000
fix later, vibration should be not a friend, and nearly every protection for that trust

568
00:45:37,000 --> 00:45:42,680
ensuring monitoring tie-backs face to testing, saving is deferred to after this hearing,

569
00:45:42,680 --> 00:45:47,640
and after the pre-wind, and after the project is already treated as a approved, those are the

570
00:45:47,640 --> 00:45:53,480
core protection for the nearest residential building. I respectfully ask you to not approve this

571
00:45:53,480 --> 00:45:59,240
today, deny the permit as raftered or continue the hearing, and keep the record open until

572
00:45:59,240 --> 00:46:04,360
enforceable protection for two, two, two, two, zero maywood are written into the permit,

573
00:46:04,360 --> 00:46:08,760
a pre-conception survey of my home. Every time monitoring with automatic stuff,

574
00:46:09,320 --> 00:46:14,920
a damaged bond and repair, obligation and no driver can do my property without my return

575
00:46:14,920 --> 00:46:22,760
concern, I just want this protection in place before construction start, not after. Thank you.

576
00:46:23,880 --> 00:46:33,080
Thank you. So the next person has their head raised is Dan Vado. Please speak Dan, you have two minutes.

577
00:46:33,720 --> 00:46:42,040
Hi, can you hear me, okay? Yes. My name's Dan Vado. I own a home on Maywood Avenue,

578
00:46:42,040 --> 00:46:49,160
2019 Maywood. I also live on Lindeir, which is a block up the street from the proposed construction. I'm

579
00:46:49,160 --> 00:46:56,680
requesting that this be denied for several reasons. Primarily is going to be what I'm going to

580
00:46:56,680 --> 00:47:02,520
assume is going to be a lack of parking on site for the staff and for the clients who are going to be visiting.

581
00:47:03,080 --> 00:47:07,960
There was a, there was a, there was a business directly across the street from this one.

582
00:47:09,560 --> 00:47:16,280
That, sorry, they've directly across the street from this one, which was a cafe that was forced to close

583
00:47:16,360 --> 00:47:23,640
because they had inadequate parking for their very successful cafe. So I can't imagine that a

584
00:47:23,640 --> 00:47:29,320
four story medical building is going to have any less parking requirement. And then this cafe did.

585
00:47:30,280 --> 00:47:37,080
The second thing I want to talk about is the disruption that occurred to my house

586
00:47:38,120 --> 00:47:44,280
directly across, or directly behind my house, there is a assisted living facility that seven stories

587
00:47:44,360 --> 00:47:51,320
that took two years to build. The vibration was excessive and the accountability on the part

588
00:47:51,320 --> 00:48:01,320
of the builder was was absolutely zero. Since the building has been built, they've been kind of

589
00:48:01,320 --> 00:48:08,280
bad neighbors. And even though they have ground floor retail, they have been empty for two years. So

590
00:48:08,280 --> 00:48:14,920
if this building does go forward, I would like to see some effort on the part of the owner and the

591
00:48:14,920 --> 00:48:22,440
developer developer to activate those ground level retail spaces with something that could benefit the

592
00:48:22,440 --> 00:48:27,480
surrounding community and make up for the disruption that they're going to most obviously cause.

593
00:48:28,360 --> 00:48:32,840
I'm going to stop right here because I have will not be able to finish in 10 seconds. So thank you very much.

594
00:48:33,800 --> 00:48:40,920
Hey, thank you. So if there's anybody else who wish to speak on this item, please raise your hand now

595
00:48:40,920 --> 00:48:43,400
or for a star nine or contact support staff.

596
00:48:51,640 --> 00:48:58,680
Okay, I don't see any more hands raised support staff. Have you been contacted by anybody who wishes to speak on this item?

597
00:48:59,560 --> 00:49:04,760
No, you have not. Okay.

598
00:49:08,440 --> 00:49:14,680
That I do not see any more hands raised or anybody wishing to speak on public comment, so I'm going

599
00:49:14,680 --> 00:49:20,200
to close the public comment and return to the applicant. So the applicant, you know, five more minutes to respond.

600
00:49:28,680 --> 00:49:35,000
Sorry about that. Thank you for the time. We do appreciate the comments of our neighbors and

601
00:49:35,000 --> 00:49:38,680
fully understand the need to be a good neighbor in this process.

602
00:49:39,480 --> 00:49:46,840
Pearl Charlottes report, many of these vibration and other studies have been done by a

603
00:49:46,840 --> 00:49:53,160
sequel expert that we hired, but we've do fully respect to the concerns that our neighbors have.

604
00:49:53,160 --> 00:49:57,080
And once we get to a construction stage and start looking at that,

605
00:49:57,080 --> 00:50:02,760
we would be respectful to the needs of our neighbors in order to maintain a quality construction

606
00:50:02,760 --> 00:50:09,800
time and minimize anything that affects our neighbors, especially directly to the south.

607
00:50:11,160 --> 00:50:18,200
Regarding the retail and spaces, our goal is to make this a very successful project. So it is intended to

608
00:50:18,200 --> 00:50:25,560
reach out and find appropriate tenants to occupy the space. We believe through both the space we have

609
00:50:25,560 --> 00:50:31,240
as well as a medical office use. It will become an attractive space for tenants for retail and

610
00:50:31,240 --> 00:50:39,480
give us the variety we need for that to maintain occupancy throughout. We appreciate the time and again,

611
00:50:39,480 --> 00:50:48,760
look forward to moving forward with this project. Thank you. So that will close the applicant

612
00:50:48,760 --> 00:50:56,760
comment period. I see your head is raised, but the public comment period is closing you've already

613
00:50:56,760 --> 00:51:06,600
spoken for two minutes. So we're going to move on to deliberation. So staff, I just have a few questions,

614
00:51:06,600 --> 00:51:12,760
and obviously there were several concerns raised. This is a quite intense development project

615
00:51:13,480 --> 00:51:19,320
that is proposed in the neighborhood. I think first off, the big concern, which is of

616
00:51:19,320 --> 00:51:26,040
all concern is vibration, construction vibration. This is a, you know, it has an underground parking garage

617
00:51:26,040 --> 00:51:33,720
that is parking level that will be built immediately next to existing buildings. Can you just walk through

618
00:51:33,720 --> 00:51:38,440
the conditions, the standard permit conditions that address construction vibration and how that

619
00:51:39,000 --> 00:51:42,920
reduced how that makes sure that there is no impact that exceeds the city thresholds, please.

620
00:51:44,440 --> 00:51:50,520
Yes, of course, this is Charlotte, you in again, environmental project manager. So the conditions,

621
00:51:50,520 --> 00:51:56,760
I'm sure typical of an inbuilt development in San Jose, and would be implemented before

622
00:51:56,760 --> 00:52:02,040
greeting permits are issued, would include a construction vibration monitoring plan,

623
00:52:03,000 --> 00:52:08,760
which would document all of the construction equipment that are known to produce high

624
00:52:08,760 --> 00:52:15,080
vibration levels. It would include a requirement to place operating equipment on the construction site

625
00:52:15,080 --> 00:52:21,080
at least 20 feet from the project site boundaries, shared, especially with the buildings to the west.

626
00:52:22,200 --> 00:52:27,160
Smaller equipment would be recommended in required or even required to minimize vibration levels

627
00:52:27,160 --> 00:52:35,480
to below 0.2 inch in sack ppb and there would be a requirement to avoid using vibratory

628
00:52:35,480 --> 00:52:40,040
rollers and clamp shovel drops within 30 feet of the adjacent conventional buildings.

629
00:52:41,640 --> 00:52:48,360
There would be select demolition methods to not involve nonvolving impact tools and avoid

630
00:52:48,360 --> 00:52:54,520
dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a

631
00:52:54,520 --> 00:52:58,920
pavement grider instead of dropping heavy objects within 30 feet of the adjacent conventional

632
00:52:58,920 --> 00:53:03,960
buildings and we would also designate the disturbance coordinator responsible for registering

633
00:53:03,960 --> 00:53:07,240
an investigating claims of excessive vibration.

634
00:53:09,800 --> 00:53:15,800
Okay, thank you, and so the construction, the construction, so there is a vibration monitoring plan

635
00:53:16,360 --> 00:53:21,960
and that's monitoring plan with that include monitoring cracks on off-site buildings.

636
00:53:25,480 --> 00:53:39,160
The monitoring plan does not specifically identify that, but with the disturbance coordinator

637
00:53:40,200 --> 00:53:45,880
they would be responsible for registering and investigating claims of excessive vibration which

638
00:53:45,880 --> 00:53:50,040
may include that. Okay, thank you.

639
00:53:50,520 --> 00:53:57,960
So just something else that came up in it again that you touched on this Charlotte regarding

640
00:53:57,960 --> 00:54:05,880
the air quality report, so there was a very thorough air quality analysis done and in that there

641
00:54:06,920 --> 00:54:10,840
was identified with the most exposed individual, but any eye, can you just

642
00:54:12,120 --> 00:54:17,400
just clarify a further state for the record, so that any eye there were two any eyes

643
00:54:18,120 --> 00:54:22,840
that were identified, there was for a fugitive, who's before particular matter and for cancer

644
00:54:22,840 --> 00:54:29,640
risk, can you just briefly explain the difference and why that is considerably the most explosive

645
00:54:29,640 --> 00:54:40,680
individual compared to other residents of the area. Of course, so just to reiterate, the MIA is

646
00:54:40,680 --> 00:54:46,120
the product that is the maximum exposed individual identified in the air quality report.

647
00:54:47,240 --> 00:54:53,880
The MIA can be the nearest receptor or it could also be a receptor that's far the way because of

648
00:54:53,880 --> 00:55:02,920
no prevailing winds or these subsequent dispersion modeling. In this case, the cancer risk MIA and

649
00:55:03,080 --> 00:55:12,120
the fugitive dust MIA are different, so the cancer risk MIA is for is located at a

650
00:55:12,840 --> 00:55:20,360
multifamily resident's southeast of the site and the other MIA is located adjacent to the

651
00:55:20,440 --> 00:55:30,120
project site and so in both cases they would be the most impacted, most

652
00:55:30,120 --> 00:55:36,520
maximally exposed individual, but in both cases they are below the bad threshold, so all other nearby

653
00:55:36,520 --> 00:55:44,360
residents would also be below the bad threshold. The air district, the Bay Area District, the Bay Area

654
00:55:44,360 --> 00:55:50,360
District, the Bay Area District, the Bay Area District. So then, other residents or

655
00:55:50,360 --> 00:55:56,280
daycares or other uses in the area because the maximum exposed individual is identified and report.

656
00:55:56,280 --> 00:56:02,680
Those are less than the exposure is less than what that maximum exposed individual is correct.

657
00:56:04,680 --> 00:56:11,080
That's correct. Yes, okay, and so then, everyone who is also in the neighborhood, they're a

658
00:56:11,080 --> 00:56:16,120
threshold, we've been low, what that maximum exposed individual is, so therefore they would still be

659
00:56:16,120 --> 00:56:24,200
under the Bay Area District. That's correct. Yeah, okay, think it's just what is it to

660
00:56:24,200 --> 00:56:30,360
clear that? Because it is confusing because I know that when you see a maximum exposed individual

661
00:56:30,360 --> 00:56:37,000
that's far away from the closest residents, it's not always the case, as we've seen, and this is

662
00:56:37,000 --> 00:56:43,400
based on an air quality report that was done by a reputable, a reputable for, but I just wanted to

663
00:56:43,400 --> 00:56:53,160
clarify. I did have, this is actually more of a question for the applicant on the construction time line.

664
00:56:53,160 --> 00:57:12,760
Yeah, so yeah, so I just had a question about the construction time line. So the analysis of

665
00:57:12,760 --> 00:57:18,920
the reports say that the air quality analysis and the noise analysis, everything is based on the

666
00:57:18,920 --> 00:57:23,720
assumption that construction substantial noise jittering activities would be less than 12 months.

667
00:57:23,720 --> 00:57:35,720
Is that something that you be that can be accomplished? We do, but at the same time, if it extends,

668
00:57:35,720 --> 00:57:41,720
if it extended, obviously there would be any further studies that need to be done before we initiate any

669
00:57:41,800 --> 00:57:51,400
construction. Okay, because I was looking at the project, it is, let's say it's a larger project,

670
00:57:51,400 --> 00:57:58,680
then not decided. This is pretty much it. It's very typical for television sources, only see,

671
00:57:58,680 --> 00:58:03,960
but it is a bit of a larger project that I've seen in the past, sometimes takes more than a year of

672
00:58:03,960 --> 00:58:09,960
substantial noise jittering activity, substantial noise jittering activity in the general plan,

673
00:58:10,040 --> 00:58:18,360
essentially demolition, grading, the, you know, showing the framing that basically the

674
00:58:18,360 --> 00:58:24,520
very intense construction phase, we don't consider substantial noise jittering activity to be the framing,

675
00:58:24,520 --> 00:58:28,920
and what's the framing it's done, you're doing inside work, that is not considered substantial

676
00:58:28,920 --> 00:58:35,960
noise jittering activity typically under the general plan to waste, but all those, you'll do, you know,

677
00:58:35,960 --> 00:58:41,240
in your professional, you know, based upon what actually, based upon the information submitted,

678
00:58:41,240 --> 00:58:46,520
and your professional opinion do, thank you could do demolition grading and framing up to the

679
00:58:46,520 --> 00:58:51,880
point where you could only do interior work in less than 12 months. We believe that is feasible,

680
00:58:51,880 --> 00:59:02,360
you believe it's feasible. Okay. And, question, another thing that came up in the

681
00:59:02,360 --> 00:59:09,240
letter that wasn't addressed was the concert about shoring, so this project will have underground

682
00:59:09,240 --> 00:59:15,320
parking that goes up to the property lines, and the public works memo does mention shoring,

683
00:59:16,040 --> 00:59:21,320
and there is a requirement that there be potentially approval from neighboring properties,

684
00:59:22,200 --> 00:59:29,480
is if there can be no approval from neighboring properties, is it feasible to build this without

685
00:59:29,480 --> 00:59:38,680
shoring that goes into neighboring properties? If obviously our goal would be to get some level of

686
00:59:38,680 --> 00:59:45,320
agreement and work closely with our neighbors to successfully get this shoring agreed to, if there

687
00:59:45,320 --> 00:59:54,200
there are other ways there are, there are a variety of shoring options. Obviously, the more standard

688
00:59:54,200 --> 00:59:58,440
options include needing some agreements from our neighbors, we would hope to secure those,

689
00:59:58,440 --> 01:00:00,000
but if, if that is an

690
01:00:00,000 --> 01:00:08,720
We would have to look for other options. Okay, thank you.

691
01:00:08,720 --> 01:00:29,960
The question came up in the public comment letter about privacy. So they go first off, you know, just reviewing the staff report, the permit and the comment letters, we see. I'm just going to clarify. So this project conforms to the basketball urban village plan. Correct.

692
01:00:29,960 --> 01:00:39,960
That is correct, including for step backs. Okay. And are there anything in the basketball urban village plan regarding privacy?

693
01:00:39,960 --> 01:00:54,960
The privacy impacts are supposed to be mitigated through the use of step backs. Okay. So.

694
01:00:54,960 --> 01:01:14,960
I think, you know, by meeting the step backs, they therefore me implicitly because I don't think it's explicit the idea of providing privacy for residential neighbors.

695
01:01:15,960 --> 01:01:31,960
The step backs right are they apply differently for for residential. I think that's that's part of it. And then, you know, in addition to the step backs. There are providing, you know,

696
01:01:31,960 --> 01:01:40,960
a step back through the parking garage entrance that the below grade entrance and also they're providing plantings along the rear as well.

697
01:01:40,960 --> 01:01:54,960
There are providing plantings. Correct. Okay. And the plantings are those are trees or some sort of fast growing vegetation.

698
01:01:55,960 --> 01:02:11,960
There are trees at the rear adjacent towards towards the rear of the lot because obviously can't plant trees on asphalt.

699
01:02:11,960 --> 01:02:22,960
So, but towards towards the rear, where there's you're able to put like a deck there, there's there are trees on that side.

700
01:02:22,960 --> 01:02:23,960
Okay.

701
01:02:23,960 --> 01:02:28,960
Okay. Thank you. So, there are some there's going to be some sort of screening despite the.

702
01:02:28,960 --> 01:02:38,960
Because there's there's going to be some outdoor space, though it's going to be step back. There is going to be some outdoor space. There will still be some screening between the residential properties and this.

703
01:02:38,960 --> 01:02:47,960
Yeah, there will be some and they're also proposing trees on the decks as well.

704
01:02:47,960 --> 01:02:50,960
Although I don't know how much.

705
01:02:50,960 --> 01:02:54,960
You know, that it's a site, but yeah, the main screenings.

706
01:02:54,960 --> 01:02:57,960
Screenings up step back step back step back.

707
01:02:57,960 --> 01:03:03,960
You know, from the from the property line.

708
01:03:03,960 --> 01:03:07,960
Next, so there was something that was read it wasn't addressed.

709
01:03:07,960 --> 01:03:10,960
It was raised in the comment letter, but wasn't addressed.

710
01:03:10,960 --> 01:03:18,960
And initially was so the Maywood is a county street correct. That is county jurisdiction.

711
01:03:18,960 --> 01:03:22,960
That is correct. Yes, almost all the way up to the intersection.

712
01:03:22,960 --> 01:03:23,960
Okay.

713
01:03:23,960 --> 01:03:31,960
So, the applicant proceeding would have to obtain encroachment permits for the county in addition to the city.

714
01:03:31,960 --> 01:03:34,960
Correct.

715
01:03:35,960 --> 01:03:38,960
Not just encroachment permits.

716
01:03:38,960 --> 01:03:41,960
I think there are the driveway permits.

717
01:03:41,960 --> 01:03:45,960
I mean, the driveways would go onto the county portion of the right of way.

718
01:03:45,960 --> 01:03:52,960
So they would need to get that from the county and then pretty much anything else.

719
01:03:52,960 --> 01:03:59,960
Pretty much anything that they're proposing on county land.

720
01:03:59,960 --> 01:04:02,960
You need to utilize it, et cetera, et cetera, et cetera.

721
01:04:02,960 --> 01:04:07,960
All of that would require county permits to encroachment county land.

722
01:04:07,960 --> 01:04:16,960
Anything, the city would only be able to approve things within the city boundary, which are the purposes of construction here,

723
01:04:16,960 --> 01:04:28,960
would basically be the Bascom frontage, because there's no real feasible way with how far the Maywood of right of way runs

724
01:04:28,960 --> 01:04:34,960
as county jurisdiction for us to prove pretty much anything on the Maywood side.

725
01:04:34,960 --> 01:04:35,960
Okay.

726
01:04:35,960 --> 01:04:42,960
So there's have to go through two approval processes, the county and the Department of Transportation.

727
01:04:42,960 --> 01:04:47,960
Assuming they want to work on, well, yes.

728
01:04:47,960 --> 01:04:51,960
They have to deal with both jurisdictions at some point. Yes.

729
01:04:51,960 --> 01:04:52,960
Okay.

730
01:04:52,960 --> 01:05:01,960
Make it just, and it's got also for the applicant to know that going forward, so that they know that there's, you can also have to apply through the county.

731
01:05:01,960 --> 01:05:04,960
Roach, make its rows and airports.

732
01:05:04,960 --> 01:05:09,960
Just another issue raised by a member of the public regarding.

733
01:05:09,960 --> 01:05:10,960
Parking.

734
01:05:10,960 --> 01:05:18,960
So just to clarify the parking requirements that apply to this project.

735
01:05:18,960 --> 01:05:47,960
Yeah, this, so despite this being the application being made in 2022 applicants who made a application prior to the change in parking ordinance in 2023 could elect to use the new transportation demand management.

736
01:05:47,960 --> 01:05:59,960
Management ordinance, which requires transportation demand management and does not require any vehicle parking.

737
01:05:59,960 --> 01:06:06,960
So there are no more, no, so there are no minimum vehicle parking requirements for this project.

738
01:06:06,960 --> 01:06:10,960
Instead of transportation demand management.

739
01:06:11,960 --> 01:06:30,960
Requirement is applied, but it is exempt because it is less than 100,000 square feet of lower area or which applies to the visit and uses for medical office and also for retail.

740
01:06:30,960 --> 01:06:36,960
So even though parking is not no longer required in the cities, though, they're still providing.

741
01:06:36,960 --> 01:06:40,960
You know, underground parking and being and parking on the first floor.

742
01:06:40,960 --> 01:06:42,960
That's correct.

743
01:06:42,960 --> 01:06:47,960
They're still providing 45 vehicle parking spaces within the project.

744
01:06:47,960 --> 01:06:48,960
Okay.

745
01:06:54,960 --> 01:06:57,960
I just going through.

746
01:06:58,960 --> 01:06:59,960
Thank.

747
01:07:01,960 --> 01:07:03,960
I just.

748
01:07:03,960 --> 01:07:05,960
Double check. We did receive.

749
01:07:05,960 --> 01:07:14,960
I did review all the public comments that came in prior to the hearing and also that I didn't the letter that was submitted on submitted yesterday July 28.

750
01:07:14,960 --> 01:07:24,960
So I just want to make sure so for hazardous materials that there's a face to required and that's part of the standard.

751
01:07:24,960 --> 01:07:34,960
So that's actually part of the standard environmental service department requirements that would be faced to environmental site assessment.

752
01:07:34,960 --> 01:07:39,960
To potential like anywhere any info site there would be potential.

753
01:07:39,960 --> 01:07:51,960
Remnant contamination that has to be cleaned and this would go to the county environment and health department review correct.

754
01:07:51,960 --> 01:08:00,960
Hi, Charles again here. Yes, that would be correct and the face to would be required prior to the issuance of greeting or demolition permits.

755
01:08:00,960 --> 01:08:03,960
Okay.

756
01:08:11,960 --> 01:08:16,960
Well, thank. Thank you, staff. Thank you for.

757
01:08:16,960 --> 01:08:17,960
Thank you for.

758
01:08:17,960 --> 01:08:23,960
Thank you for answering the questions. So reviewing all the record of this project.

759
01:08:23,960 --> 01:08:31,960
So this, you know, the letters that were letter received also email correspondence adjacently going to project testimony.

760
01:08:31,960 --> 01:08:38,960
I'm reviewing the permit the environmental infill exemption the and technical reports associated with this.

761
01:08:38,960 --> 01:08:40,960
So this project.

762
01:08:40,960 --> 01:08:44,960
This is the type of project that was envisioned with the basketball urban village plan.

763
01:08:44,960 --> 01:08:54,960
They did intensive it envisioned the intensification of development along basketball in terms of residential and commercial properties.

764
01:08:54,960 --> 01:09:01,960
The step back playing that actually provides the outdoor.

765
01:09:02,960 --> 01:09:08,960
Outdoor balconies of the site is actually part of the requirement for the basketball and village plan for the setbacks.

766
01:09:08,960 --> 01:09:21,960
So that creates this situation on where you are actually getting at the most intense of the office uses the interior office uses will be further away from adjacent residences and consist of that urban village plan.

767
01:09:21,960 --> 01:09:29,960
However, does create this additional privacy concern with people being a hangout outside on these decks.

768
01:09:29,960 --> 01:09:35,960
However, there is screening proposed to alleviate some of that.

769
01:09:35,960 --> 01:09:38,960
However, this is part of the requirements of the urban village plan.

770
01:09:38,960 --> 01:09:48,960
It was adopted and agreed upon by city console in order to reduce potential impacts of neighboring residents as part of that urban village plan.

771
01:09:48,960 --> 01:09:51,960
So it's baked in part of the plan.

772
01:09:51,960 --> 01:09:56,960
So to speak.

773
01:09:56,960 --> 01:10:09,960
Biggest concern raised which is understandable is the vibration from construction having heavy construction near residents something that was raised is that there's different vibrations for historic.

774
01:10:09,960 --> 01:10:19,960
Versus buildings of standard construction so historic construction where this threshold comes from is the or the general plan with the general plan policy that fits.

775
01:10:19,960 --> 01:10:35,960
Brush holes of significance for historic buildings it is based upon buildings, for example, downtown built in the 1800s maybe early 1900s you know brick construction these structures are sensitive.

776
01:10:35,960 --> 01:10:40,960
More to vibration and more standard what frame construction you see in later years.

777
01:10:40,960 --> 01:10:43,960
So that's what that threshold was based on.

778
01:10:43,960 --> 01:10:50,960
So, you know, the standard construction is more prevalent out in this part of the city further away from downtown.

779
01:10:50,960 --> 01:10:54,960
That said, we do have standard vibration measures.

780
01:10:54,960 --> 01:11:02,960
And or these are standard for recommendations or to implement on to reduce vibration on neighboring structures.

781
01:11:02,960 --> 01:11:10,960
This is a fairly common issue across the city because we have we're urbanized city and we have lots of urban development.

782
01:11:10,960 --> 01:11:22,960
And is and this is as this is very common, especially in downtown where structures are actually more of a sort nature on like the site.

783
01:11:22,960 --> 01:11:37,960
And the project was revisit the project structures were reviewed for determination if they were historic and they're not found to be historic by you know the historic review therefore they not an issue there.

784
01:11:37,960 --> 01:11:46,960
But you know the excavation of this is the excavation first for level of parking you know is a concern.

785
01:11:46,960 --> 01:11:52,960
This is very common throughout the city for newer developments as we see.

786
01:11:52,960 --> 01:11:58,960
Decivocation it's in addition with the general plan and the early intelligence plans and also throughout downtown.

787
01:11:58,960 --> 01:12:13,960
So I just want to touch that this is not unusual we have reviewed many types of development that have this kind of underground parking and type of excavation up to the property lines or near property lines.

788
01:12:13,960 --> 01:12:19,960
So a measures in place to ensure that there is not impacts to neighbors and there are.

789
01:12:19,960 --> 01:12:24,960
ramifications that if there doesn't have to be something that happens like for example.

790
01:12:24,960 --> 01:12:38,960
If there is water required then there would be measures that we put into place in order to alleviate that this is you know these are standard part of review prior to grading permit issue and there's conditions that after review and this is common for all.

791
01:12:38,960 --> 01:12:45,960
So there are more than four main and four projects of underground parking or underground excavation.

792
01:12:45,960 --> 01:12:50,960
You know and you know so there are measures in place and I do.

793
01:12:50,960 --> 01:13:00,960
I encourage the applicant to continue working with the neighbor in order to address concerns about if there are vibration even if there's not damage it can be.

794
01:13:01,960 --> 01:13:10,960
I encourage them to be proactive and reach out and be word with their neighbor prior to construction instead of just relying on the construction.

795
01:13:10,960 --> 01:13:20,960
The coordinator in order to take care of all that after construction is already started just makes it for a better process but we do have measures in place that are standard.

796
01:13:20,960 --> 01:13:33,960
There is something that was raised just want to touch on the argument that this project doesn't qualify for an info exemption under the California Environmental Quality Act because of unusual circumstances.

797
01:13:33,960 --> 01:13:45,960
Charlie that touched on this so the site is a standard urban bot surrounded by urban uses it's flat and it is developed with typical.

798
01:13:45,960 --> 01:13:48,960
I don't know developments that are common throughout the city.

799
01:13:48,960 --> 01:13:56,960
It is there's nothing unusual about this site and compared to other is that unusual circumstances.

800
01:13:56,960 --> 01:14:06,960
I'm going to ask you a question.

801
01:14:06,960 --> 01:14:11,960
I'm going to ask you a question.

802
01:14:11,960 --> 01:14:18,280
something. But this lot is very typical of urban lots throughout the city. And we are applying

803
01:14:18,280 --> 01:14:23,320
the same measures that we apply in other parts of the city, especially for GAR2 vibration,

804
01:14:23,880 --> 01:14:31,880
construction noise, and ensuring in other aspects of urban infall development. So,

805
01:14:31,880 --> 01:14:37,800
you know, there's no unusual circumstance compared to anywhere else in the city. This is a standard

806
01:14:37,800 --> 01:14:46,600
infall project for which this exemption is an appropriate sequel clearance. And,

807
01:14:49,000 --> 01:14:56,040
let's imagine, yeah. And, do I say for the excavation? You know, again, excavation,

808
01:14:56,600 --> 01:14:59,800
you know, we do this all over the city, especially downtown.

809
01:15:00,000 --> 01:15:28,000
Most of the structures, we are right up against historic structures with Brexit or more sensitive. We do a measures in place to protect those. This case, these measures should be sufficient to address vibration in terms of the air quality, construction air quality of already touched on that. It is confusing to have the analysis having the maximally exposed individual not be adjacent to the site.

810
01:15:28,000 --> 01:15:57,000
However, I can see, say, from my experience, this is actually fairly common in San Jose where you have construction that is upwind from residents or sensitive receptors like daycares because of the prevailing winds in San Jose come from the bay for the vast majority of the year. Construction impacts tend to health risk impacts from construction tend to impact sensitive receptors to the south.

811
01:15:57,000 --> 01:16:07,000
I have seen it several times we have very significant excavation and the neighboring property immediately to the west is not the maximum exposed individual.

812
01:16:07,000 --> 01:16:19,000
The maximum exposed individual is further to the south as is the case for this. This project is just a factor of when they consider all the construction activity and prevailing winds.

813
01:16:19,000 --> 01:16:39,000
Most of the winds will go away from the site and will impact more likely to impact sites to the south. That is the reason why there is that discrepancy. It doesn't make sense at first but when you consider the meteorological conditions, that is why the air quality report says what it does.

814
01:16:39,000 --> 01:16:52,000
With that, considering the totality of the record and the public comments received, I would consider the exemption in the cords of sequa and approved site development h22 to 039.

815
01:17:03,000 --> 01:17:05,000
We got to fix that.

816
01:17:05,000 --> 01:17:13,000
Oh, yeah, there's the need to put that. Put the final number on.