1 00:00:00,000 --> 00:00:08,000 I'd like to convene and call the Planning Commission meeting of September 29th, 2021. 2 00:00:14,770 --> 00:00:16,180 Permission or 3 00:00:16,180 --> 00:00:18,180 Please, can you please lead us in the pledge of allegiance? 4 00:00:18,560 --> 00:00:19,320 Yes, thank you. 5 00:00:19,340 --> 00:00:20,340 Is there a look at please, right? 6 00:00:20,680 --> 00:00:33,000 I think the flag of the United States of America and to the Republic for which it stands 7 00:00:33,000 --> 00:00:38,800 one nation under God, indivisible with liberty and justice for all. 8 00:00:42,590 --> 00:00:43,270 Thank you. 9 00:00:43,950 --> 00:00:45,850 Reporting secretary, can we have roll call please? 10 00:00:46,310 --> 00:00:47,070 Yes, please. 11 00:00:55,010 --> 00:00:56,970 I'll move on to the 12 00:00:56,970 --> 00:00:58,410 approval of the minutes. 13 00:00:59,690 --> 00:01:02,010 Do we have any changes or 14 00:01:02,010 --> 00:01:02,930 comments on those? 15 00:01:03,610 --> 00:01:04,350 Do we have a motion? 16 00:01:06,880 --> 00:01:09,280 I'll move that we approve the 17 00:01:09,280 --> 00:01:14,040 minutes of September 15th as they are 18 00:01:14,040 --> 00:01:14,700 written. 19 00:01:15,300 --> 00:01:15,880 Do we have a second? 20 00:01:15,880 --> 00:01:16,180 Second. 21 00:01:17,100 --> 00:01:19,620 Can we please take a vote for the Secretary? 22 00:01:20,300 --> 00:01:20,620 Peace. 23 00:01:21,020 --> 00:01:22,840 I'm so used to that. 24 00:01:23,060 --> 00:01:23,160 Yes. 25 00:01:23,900 --> 00:01:24,200 Seeing. 26 00:01:24,580 --> 00:01:24,740 Yes. 27 00:01:25,220 --> 00:01:25,620 There are now. 28 00:01:25,840 --> 00:01:26,020 Yes. 29 00:01:26,380 --> 00:01:26,780 Bernstein. 30 00:01:27,040 --> 00:01:27,200 Yes. 31 00:01:27,460 --> 00:01:28,040 Masterson. 32 00:01:28,280 --> 00:01:28,480 Yes. 33 00:01:28,720 --> 00:01:29,720 Motion carries unanimously. 34 00:01:30,580 --> 00:01:31,060 Thank you. 35 00:01:31,660 --> 00:01:33,680 Moving down to the next item. 36 00:01:38,290 --> 00:01:39,050 Public comments. 37 00:01:39,710 --> 00:01:46,950 This is the period for anyone in the public wishing to speak on an item that's not on the 38 00:01:46,950 --> 00:01:53,470 agenda under the public hearings tonight. There will be a five minute time limit on that. 39 00:01:54,090 --> 00:01:58,670 Anyone from the public wish to address the planning commission on any other item that's not on the agenda. 40 00:02:01,600 --> 00:02:03,580 Okay, with that, we'll move on. 41 00:02:06,490 --> 00:02:09,470 Wave reading and full of all the resolutions on the agenda. 42 00:02:09,830 --> 00:02:10,230 So moved. 43 00:02:10,750 --> 00:02:11,510 Do I have a second? 44 00:02:11,930 --> 00:02:12,230 Second. 45 00:02:12,230 --> 00:02:12,290 Again. 46 00:02:12,870 --> 00:02:15,110 Reporting secretary, would we take a vote? 47 00:02:15,650 --> 00:02:15,850 Please. 48 00:02:16,230 --> 00:02:16,330 Yes. 49 00:02:16,850 --> 00:02:17,010 Seeing? 50 00:02:17,310 --> 00:02:17,470 Yes. 51 00:02:17,790 --> 00:02:18,070 Darnell? 52 00:02:18,430 --> 00:02:18,550 Yes. 53 00:02:18,910 --> 00:02:19,290 Bernstein? 54 00:02:19,530 --> 00:02:19,690 Yes. 55 00:02:19,910 --> 00:02:20,470 Masterson. 56 00:02:20,750 --> 00:02:20,970 Yes. 57 00:02:21,270 --> 00:02:22,230 Motion carries unanimously. 58 00:02:23,030 --> 00:02:23,470 Thank you. 59 00:02:24,590 --> 00:02:26,170 Moving on to public hearings. 60 00:02:26,810 --> 00:02:27,730 Item number two. 61 00:02:27,970 --> 00:02:32,170 Public hearing regarding conditional use permit 2020-08 Sanders. 62 00:02:33,070 --> 00:02:33,610 Mr. Brantley. 63 00:02:35,090 --> 00:02:36,250 Thank you, Mr. Chair. 64 00:02:37,590 --> 00:02:42,210 The applicant has provided a request for a continuance of this. 65 00:02:42,210 --> 00:02:44,090 this matter late this afternoon. 66 00:02:44,430 --> 00:02:47,230 Let's to address some issues that came up 67 00:02:47,230 --> 00:02:49,890 with the application that we were unaware 68 00:02:49,890 --> 00:02:52,170 of at the time of the staff report. 69 00:02:52,870 --> 00:02:56,770 Staff would recommend that you open the public hearing 70 00:02:58,080 --> 00:03:00,450 since this was a notice to public hearing, 71 00:03:01,440 --> 00:03:06,670 take any public testimony tonight that anyone may have 72 00:03:06,670 --> 00:03:10,530 and then continue this matter to the requested date 73 00:03:10,530 --> 00:03:14,890 of December 8th, 2021, regular planning commission meeting. 74 00:03:16,110 --> 00:03:19,530 We will resolve the issues that came up with the applicant and the interim. 75 00:03:19,910 --> 00:03:26,710 If there are any changes to the application that warrant additional changes to the project 76 00:03:26,710 --> 00:03:30,290 description, we will re-notice the item. 77 00:03:30,890 --> 00:03:36,330 If there are not, then there is no legal requirement to re-notice it, but just to let the public 78 00:03:36,330 --> 00:03:41,870 if there are changes, we will re-notice the item accordingly. 79 00:03:42,810 --> 00:03:44,730 So with that, I'll turn it back over to you, Mr. Chair. 80 00:03:45,050 --> 00:03:49,610 Okay. With that then, we'll open it up to the public hearing. 81 00:03:49,730 --> 00:03:52,670 If anybody would like to come up and speak on this item on the agenda, 82 00:03:53,210 --> 00:03:54,670 please come up and state your name. 83 00:03:59,750 --> 00:04:03,810 Okay. With that, I'll close the public hearing and bring it back. 84 00:04:04,250 --> 00:04:09,570 Do we have a motion to continue this item? 85 00:04:09,570 --> 00:04:18,050 Mr. Chair, I'll move that we continue item 2028 to a date certain of December 8th, 2021. 86 00:04:18,510 --> 00:04:19,250 Do we have a second? 87 00:04:19,630 --> 00:04:19,970 Second. 88 00:04:20,550 --> 00:04:21,210 Recording Secretary. 89 00:04:21,430 --> 00:04:22,110 Can we please take a roll? 90 00:04:22,970 --> 00:04:23,410 See? 91 00:04:23,870 --> 00:04:24,030 Yes. 92 00:04:24,410 --> 00:04:24,650 Thing? 93 00:04:25,430 --> 00:04:25,650 Yes. 94 00:04:26,210 --> 00:04:27,010 Master Finn? 95 00:04:27,410 --> 00:04:27,570 Yes. 96 00:04:27,890 --> 00:04:28,210 Are now? 97 00:04:28,590 --> 00:04:29,130 Yes. 98 00:04:29,510 --> 00:04:29,910 Bernstein. 99 00:04:30,270 --> 00:04:30,410 Yes. 100 00:04:30,890 --> 00:04:32,090 Motion carried unanimously. 101 00:04:33,410 --> 00:04:34,090 Thank you. 102 00:04:34,530 --> 00:04:37,070 Moving on to item number three. 103 00:04:37,070 --> 00:04:46,290 The public hearing regarding conditional use permit 2021-33, sorry if I have missed, pronounced that but Papa. 104 00:04:47,430 --> 00:04:49,510 Sorry, thank you, Mr. Brown. 105 00:04:50,170 --> 00:04:55,550 Yes, Mr. Chair, Mr. Mesa Moore will be giving the staff report on this item. 106 00:04:57,410 --> 00:04:59,630 Thank you, Director Brantley, members of the commission. 107 00:05:00,000 --> 00:05:05,600 This item is a conditionally affirmative request to construct the two-story addition to an existing 108 00:05:05,600 --> 00:05:15,520 two-story attached single-family home located at the property address as 3640 Bluegum Drive in 109 00:05:15,520 --> 00:05:19,940 your Belinda staff has reviewed the proposed addition for compliance with the development standards 110 00:05:19,940 --> 00:05:25,820 close privacy and aesthetic impacts. The proposed addition does meet the required setbacks 111 00:05:25,820 --> 00:05:31,080 and development standards for the zone and staff believe that the proposed addition does 112 00:05:31,080 --> 00:05:34,860 not result in any additional privacy or view impacts of the surrounding properties. 113 00:05:36,000 --> 00:05:41,460 So some of the unique design proposed, it's just a bedroom addition with a few windows 114 00:05:41,460 --> 00:05:42,120 on each side. 115 00:05:43,700 --> 00:05:51,040 The proposed addition would be cantilevered over the deck along the side of the property and 116 00:05:51,040 --> 00:05:53,560 and also serve as kind of like a patio cover area 117 00:05:54,040 --> 00:05:54,780 of the entrance. 118 00:05:55,780 --> 00:05:56,620 Staff would also like to note, 119 00:05:56,780 --> 00:05:58,280 there's an error in the staff report 120 00:05:58,980 --> 00:06:01,080 related to the size of the existing home. 121 00:06:01,660 --> 00:06:05,920 The existing home is approximately 1,742 square feet 122 00:06:05,920 --> 00:06:08,220 rather than 2,154 square feet 123 00:06:08,720 --> 00:06:11,920 and the proposed addition is approximately 299 square feet. 124 00:06:12,640 --> 00:06:15,340 Staff will make that correction in the final resolution. 125 00:06:17,920 --> 00:06:19,940 Staff recommends that the Planning Commission 126 00:06:19,940 --> 00:06:21,360 adopt the attached resolution, 127 00:06:21,360 --> 00:06:25,140 and proving condition needs permit 2021-33 FOPA 128 00:06:25,730 --> 00:06:27,080 with the attached conditions 129 00:06:27,080 --> 00:06:28,280 and I can take any questions. 130 00:06:29,100 --> 00:06:31,300 Do any of the commissioners have any questions for staff? 131 00:06:33,310 --> 00:06:35,370 Okay, is the applicant here? 132 00:06:37,670 --> 00:06:39,770 Would you like to come up and speak on the project? 133 00:06:41,930 --> 00:06:42,730 Same thing, thank you. 134 00:06:42,810 --> 00:06:45,910 Please state your name for the record. 135 00:06:56,980 --> 00:06:57,780 We have three questions. 136 00:06:58,480 --> 00:07:02,500 There are five of us and we have our twin daughters 137 00:07:02,500 --> 00:07:07,660 who currently don't have a design space to study so I would like to make the 138 00:07:07,660 --> 00:07:12,320 bigger room for them because I'm tired of having them in my bedroom and 139 00:07:12,320 --> 00:07:17,720 stepping on a toys and breaking my toes all over the place so I just want to move 140 00:07:17,720 --> 00:07:21,980 them in their own space so thank you so much for your support we really 141 00:07:21,980 --> 00:07:28,220 appreciate it and I don't know why I'm nervous because I'm a teacher one one 142 00:07:28,220 --> 00:07:33,640 one question. Have you read all the conditions of approval that the staff 143 00:07:33,640 --> 00:07:38,720 provided in our agreement with all those? There will be my husband's territory. Yes. Thank you. 144 00:07:39,420 --> 00:07:44,160 Anybody have any questions for the? No, please sit down. Thanks so much. 145 00:07:44,300 --> 00:07:48,660 With that, would anyone from the public wish to speak on this item? 146 00:07:52,380 --> 00:07:58,500 Recording Secretary, do we receive any correspondence on this? No, we do not. Okay. I'll bring it back 147 00:07:58,500 --> 00:08:01,700 To the commission, do we have a motion on the phone? 148 00:08:02,100 --> 00:08:03,840 Mr. Chair, I just have one quick question. 149 00:08:04,900 --> 00:08:09,540 Because this is more for staff, because this is an attached property, is there any, and 150 00:08:09,540 --> 00:08:15,940 this is purely for my own curiosity, are there any special standards for adding on to an attached 151 00:08:15,940 --> 00:08:19,840 property as opposed to just a single family at, I'm just curious, actually there are. 152 00:08:20,240 --> 00:08:20,400 Okay. 153 00:08:20,400 --> 00:08:30,080 Okay, we do have a city council policy that requires basically the neighbor next door 154 00:08:30,080 --> 00:08:40,740 to concur with an addition when the addition touches the common wall, but since this particular 155 00:08:40,740 --> 00:08:47,240 addition is on the other side of the home, it wouldn't be triggered by this particular 156 00:08:47,240 --> 00:08:47,640 addition. 157 00:08:47,640 --> 00:08:53,960 Got it. Okay. Thank you. That was my only question. Thank you. Do we have a motion on this item? 158 00:08:55,260 --> 00:09:03,520 Mr. Chairman. Yes, Commissioner Pease. I move that the Planning Commission adopt the Attach Resolution approving conditional use permit 2021-33. 159 00:09:04,800 --> 00:09:07,740 Popa. Do we have a second? Second. 160 00:09:08,920 --> 00:09:10,760 Recording Secretary, can we please take a vote? 161 00:09:20,960 --> 00:09:25,940 the city council within 15 days. 162 00:09:26,420 --> 00:09:27,460 Congratulations. 163 00:09:30,070 --> 00:09:31,690 There are screens just went down. 164 00:09:36,610 --> 00:09:44,170 Okay, moving on to item number, public hearing item number 4, public hearing regarding conditional 165 00:09:44,170 --> 00:09:47,510 use permit 2021, Gash 40, Mr. Brown. 166 00:09:48,450 --> 00:09:52,030 This Mr. Raymer will be given the staff report on this item. 167 00:09:52,450 --> 00:09:53,050 Thank you, Mr. Chair. 168 00:09:53,150 --> 00:09:56,510 Members, planning commission have nothing new to add a staff report. 169 00:09:56,510 --> 00:09:59,970 the application before is a condition used to permit for 3008. 170 00:10:00,000 --> 00:10:09,800 Second-story addition, plus deck, on existing two-story residents on J&J Lane. This is just an aerial photograph of the property. 171 00:10:12,260 --> 00:10:26,600 The proposed addition is along the rail elevation, the center of the property. Given its location, staff does not anticipate any privacy impacts, and therefore is supportive of the request and ask the commission to adopt the attached resolution of approval. 172 00:10:29,700 --> 00:10:31,720 Does anybody have any questions for staff? 173 00:10:33,200 --> 00:10:41,540 is the applicant here. Would you like to come up and speak on have anything to say to the commission on the item? 174 00:10:53,280 --> 00:10:59,950 We are adding three bedrooms and we have four kids and we want to have a... 175 00:10:59,950 --> 00:11:01,470 Can you please state your name for the record? 176 00:11:01,570 --> 00:11:01,730 Sorry. 177 00:11:02,030 --> 00:11:03,610 My name is Norma Quintanita. 178 00:11:05,010 --> 00:11:08,210 And we are adding three bedrooms. 179 00:11:08,570 --> 00:11:09,310 We have four kids. 180 00:11:10,130 --> 00:11:12,930 And we're trying to update and remodel the house 181 00:11:12,930 --> 00:11:15,290 to have it to our needs. 182 00:11:16,270 --> 00:11:21,810 Biggest kitchen, bigger, bigger, more organized spaces. 183 00:11:22,530 --> 00:11:26,250 And I appreciate your time and whatever the teaching you guys. 184 00:11:28,170 --> 00:11:30,970 One question. Have you reviewed all the conditions of approval? 185 00:11:31,410 --> 00:11:37,070 I read them and the person that is helping us with all the projects. They are to take 186 00:11:37,070 --> 00:11:41,470 red as well. So you're in agreement with them? 187 00:11:41,550 --> 00:11:41,650 Yes. 188 00:11:42,010 --> 00:11:43,010 Okay. Thank you. 189 00:11:43,650 --> 00:11:45,530 Does anybody have any questions for the applicant? 190 00:11:46,890 --> 00:11:47,950 You can see this. Thank you. 191 00:11:47,950 --> 00:11:48,230 Thank you. 192 00:11:50,960 --> 00:11:56,140 With that, anybody from the audience was to come up and speak on this agenda item. 193 00:11:57,820 --> 00:12:01,380 The courting secretary, do we receive any correspondence on this item? 194 00:12:01,640 --> 00:12:02,300 No, we did not. 195 00:12:02,460 --> 00:12:02,960 Thank you. 196 00:12:03,220 --> 00:12:05,040 With that, we'll close the public record. 197 00:12:05,700 --> 00:12:06,460 Bring it back. 198 00:12:08,840 --> 00:12:11,360 Anybody have any questions for staff or a motion? 199 00:12:11,660 --> 00:12:18,360 Mr. Chair, I would move that the Planning Commission adopt the Attach Resolution approving CUP2021-40-40. 200 00:12:19,140 --> 00:12:20,480 I'm sorry, I should have been listening. 201 00:12:20,700 --> 00:12:21,000 Quintella. 202 00:12:21,400 --> 00:12:21,880 Quintella. 203 00:12:22,220 --> 00:12:22,340 Quintella. 204 00:12:23,420 --> 00:12:23,900 Quintella. 205 00:12:23,900 --> 00:12:28,140 Yeah, with conditions. Do we have a second? I'll second recording secretary 206 00:12:31,520 --> 00:12:37,840 Yes, things are now. Yes, Bernstein. Yes, Masterson. Yes, motion carries the unanimous 207 00:12:39,220 --> 00:12:45,260 And this is the decision of the planning commission is final unless appealed to the city council within 15 days as well 208 00:12:46,640 --> 00:12:47,200 Congratulations 209 00:12:48,840 --> 00:12:52,120 Okay moving on to public hearing number five 210 00:12:52,120 --> 00:12:58,440 public hearing regarding time extension for conditional use permit 2019-10, conditional 211 00:12:58,440 --> 00:13:08,760 use permit 2019-40, design review 2018-02 and variant 2019-02, Mr. Brown. 212 00:13:09,920 --> 00:13:16,600 Now thank you, Mr. Chair. This item was initially reviewed and approved by the Planning Commission 213 00:13:16,600 --> 00:13:25,900 back in August of 2019. This is for the property in the town center area right at the town center 214 00:13:25,900 --> 00:13:35,600 drive entrance off of Lakeview. The applicant received approval for commercial building and 215 00:13:36,420 --> 00:13:45,360 shortly following your approval. We all experienced COVID-19. Slowed things down for most projects. 216 00:13:45,360 --> 00:13:52,120 Yes, we actually came back to you with a request for a one-year time extension in October 217 00:13:52,120 --> 00:13:58,020 of 2020 and you approved that one-year time extension. 218 00:13:58,580 --> 00:14:05,040 The applicant is now requesting an additional time extension and my understanding from Nate 219 00:14:05,380 --> 00:14:10,600 who is the project manager who spoke with Miss CSone, who I see in the audience tonight. 220 00:14:11,380 --> 00:14:18,080 She's getting real close to obtaining financing and moving forward with the project, but would 221 00:14:18,080 --> 00:14:21,140 like to request an additional one-year time extension. 222 00:14:21,920 --> 00:14:27,960 Staff would note that we did receive some correspondence from neighboring property, Lake 223 00:14:27,960 --> 00:14:31,280 View, professional plaza, I believe it's called. 224 00:14:31,380 --> 00:14:34,020 It's across Lake View Avenue from the property. 225 00:14:34,620 --> 00:14:40,580 They were expressing some concerns about potential in the future after the project is 226 00:14:40,580 --> 00:14:50,680 developed for potential patrons to use their property for overflow parking purposes and 227 00:14:50,680 --> 00:14:59,740 even perhaps late in the evening crossing Lakeview perhaps after having an alcoholic beverage. 228 00:15:00,000 --> 00:15:29,560 Are the restaurants at the commercial property, perhaps raising some safety concerns? Staff doesn't really believe that those are concerns at this time, certainly. The project did buy into the city's parking in Lou program, and there are an abundance of parking stalls available in the city's public parking structure, which is 229 00:15:29,560 --> 00:15:37,360 proximal to the property, so we don't really think that there is an imminent demand for 230 00:15:37,360 --> 00:15:46,200 parking off-site, but should that occur, we do have other avenues for addressing those 231 00:15:46,200 --> 00:15:55,460 issues as well as the potential public safety issues related to patrons and potential intoxicated 232 00:15:55,460 --> 00:16:02,160 patrons crossing the street. So staff does not share the concerns, but we did 233 00:16:02,160 --> 00:16:07,200 forward this letter to you for your review and make note of it for the record. 234 00:16:08,840 --> 00:16:13,960 And with that, I would just point to staff's recommendation that you adopt a 235 00:16:13,960 --> 00:16:19,040 resolution affording another one-year time extension to the CSOans for this 236 00:16:19,040 --> 00:16:20,980 project. And I'm happy to answer any questions. 237 00:16:22,480 --> 00:16:24,680 There's everybody have questions for staff? 238 00:16:25,380 --> 00:16:26,140 I don't know if it's a question. 239 00:16:26,360 --> 00:16:27,360 Just a point of clarification. 240 00:16:27,600 --> 00:16:32,680 Mr. City Attorney, can you talk about what I think they're just like, as I read this letter, 241 00:16:33,640 --> 00:16:38,840 I got the vibe that there's maybe some confusion about what the parking and loofy program does, right? 242 00:16:38,940 --> 00:16:44,400 It's not necessarily just like we do have, in relation to the parking structure and how does that work. 243 00:16:44,580 --> 00:16:47,300 It's not as if they're paying a fee to not have the parking. 244 00:16:47,300 --> 00:16:52,660 it's just like otherwise located so I was wondering if you could give us an overview of that for the record. 245 00:16:53,080 --> 00:17:02,160 Correct so as you know when we developed the town center there was the concern about parking issues. 246 00:17:03,160 --> 00:17:07,380 So the city wanted to make sure there was sufficient parking to 247 00:17:08,160 --> 00:17:13,460 help assist and have parking to have the thriving retail and restaurant area in the middle of the 248 00:17:13,460 --> 00:17:16,240 that we've been trying to get for the past 50 years. 249 00:17:16,940 --> 00:17:19,160 Therefore, we put the parking structure 250 00:17:19,160 --> 00:17:20,580 in the middle of the town center, 251 00:17:21,340 --> 00:17:24,760 and we pursuant to terms in the specific plan 252 00:17:24,760 --> 00:17:27,800 constructed a parking in lieu fee program. 253 00:17:28,100 --> 00:17:30,980 So whereas people usually have to have parking 254 00:17:30,980 --> 00:17:33,820 on site of their property for certain projects, 255 00:17:34,340 --> 00:17:39,020 they can pay, I think it's 5,000 plus CPI from around, 256 00:17:39,440 --> 00:17:41,040 which is a reduced rate, but a rate 257 00:17:41,040 --> 00:17:46,280 which facilitates people buying into the program to satisfy their parking needs. 258 00:17:46,420 --> 00:17:49,640 That's generally available to anybody in the town center and on Main Street. 259 00:17:50,120 --> 00:17:52,200 And it could be even broader, I think, I can't remember. 260 00:17:52,480 --> 00:17:56,080 But that's how we dealt with parking in the town center. 261 00:17:56,180 --> 00:17:57,360 And frankly, it's worked pretty well. 262 00:17:58,020 --> 00:18:02,360 And there are still sufficient spaces in the parking structure for people to park when they need to. 263 00:18:02,860 --> 00:18:05,420 We'll find out when the new James Bond movie comes up. 264 00:18:05,500 --> 00:18:06,380 That'll be a test for me. 265 00:18:09,360 --> 00:18:26,920 So that parking is what this project is part of, and so they have to meet parking requirements, this is how they're meeting them, this is what's required in the law, and it shouldn't, I don't, I saw that letter as well, doesn't really make that much sense to me from either illegal or a practical standpoint. 266 00:18:27,320 --> 00:18:36,660 I mean, it's just, it's a very different concern for the city of Yorvalinda because that's a great quaker city, you know, for our first 50 years, we didn't have any bars in the town. 267 00:18:36,920 --> 00:18:40,220 And now we have all these intoxicated people walking around according to Mr. Bratland. 268 00:18:41,020 --> 00:18:43,280 So, I do not think it is a valid concern. 269 00:18:43,580 --> 00:18:44,320 Okay, thank you. 270 00:18:44,520 --> 00:18:45,840 I don't know if I answered your question, though. 271 00:18:45,860 --> 00:18:45,960 I did. 272 00:18:46,260 --> 00:18:46,480 Okay. 273 00:18:47,100 --> 00:18:47,640 Thank you. 274 00:18:47,640 --> 00:18:55,660 One one question I have for staff is on the time extensions is there a since we already granted one and 275 00:18:55,660 --> 00:19:03,600 Potentially another one tonight. How did how many more potential if things come up time extensions? Is there a cap or there is not 276 00:19:03,600 --> 00:19:10,680 Mr. Chair it really is up to the commission. It's within your discretion to grant additional time extensions 277 00:19:11,380 --> 00:19:11,940 So 278 00:19:12,640 --> 00:19:16,780 Okay, thank you. I have one question in a comment 279 00:19:18,160 --> 00:19:24,000 Just want to make sure, no matter what you feel about this letter that we received, we're not discussing the merits of the project. 280 00:19:24,780 --> 00:19:27,520 That's been decided, right? We're discussing an extension. 281 00:19:28,420 --> 00:19:28,780 Good point. 282 00:19:29,180 --> 00:19:31,640 Yeah. Okay. I just want to make sure I was tracking. 283 00:19:33,900 --> 00:19:34,920 Yeah, I'll hold for there. 284 00:19:35,480 --> 00:19:35,660 Okay. 285 00:19:36,720 --> 00:19:38,980 Would that open the... 286 00:19:38,980 --> 00:19:40,000 Oh, Mr. Peace, please. 287 00:19:41,040 --> 00:19:42,680 No, go ahead. Now I'll reserve. 288 00:19:43,400 --> 00:19:51,700 Okay with that then I'll open the public hearing is the applicant here could you please come up 289 00:20:00,780 --> 00:20:28,820 Hi, can you please state your name for the record? Yes, sir. My name is Josephina, they call me Jesse. Jesse Sioson, 4901 Lake, the Abinyu. And I'm here to ask for additional one year to complete this project. It's because of the COVID and also a few little things that may help me and it's been resolved. Thank you. Anybody have any questions for the applicant? 290 00:20:29,800 --> 00:20:35,740 one. Yes, please. I'm a citizen. I know your attorney had reached out to staff to get 291 00:20:35,740 --> 00:20:40,800 a copy of the notice with draw of list pendants. I sent that. Did you? Did you get that? 292 00:20:40,800 --> 00:20:47,540 Yes, sir. That's the thing that pulled up, too. Okay. And my attorney wrote in March and I 293 00:20:47,540 --> 00:20:53,660 didn't have any answer for quite a while. Finally in August, I got the release of the list 294 00:20:53,660 --> 00:20:54,460 So you got that. 295 00:20:54,600 --> 00:20:55,560 Yeah, thank you, sir. 296 00:20:55,800 --> 00:20:56,280 No, absolutely. 297 00:20:56,540 --> 00:20:58,320 The County of Recorder's Office is. 298 00:20:58,520 --> 00:20:58,680 Yeah. 299 00:20:58,680 --> 00:20:58,760 Yeah. 300 00:20:59,120 --> 00:20:59,640 Thank you. 301 00:21:00,760 --> 00:21:01,780 I just have a question. 302 00:21:03,800 --> 00:21:09,380 Based on where are we at today, when do you think you would, your estimated kind of schedule 303 00:21:09,380 --> 00:21:12,140 timeline to actually start construction on this project? 304 00:21:12,780 --> 00:21:15,140 If you ask me, I really want to construct it. 305 00:21:15,340 --> 00:21:22,720 It's just because, you know, I have to, I have an approval from, you know, I have two options 306 00:21:22,720 --> 00:21:26,140 to get a loan or sell to properties. 307 00:21:27,100 --> 00:21:30,340 And so my option now is to get a loan, 308 00:21:30,500 --> 00:21:32,980 but that came and I have to withdraw it. 309 00:21:33,200 --> 00:21:34,040 So I have to reapply. 310 00:21:34,920 --> 00:21:39,840 But I think it depends on my group to buy my team 311 00:21:40,220 --> 00:21:42,380 to submit those working drawings. 312 00:21:42,980 --> 00:21:44,840 So I'm going to a process right now. 313 00:21:45,000 --> 00:21:48,200 We attempted to submit and put them to review. 314 00:21:48,680 --> 00:21:51,420 So we can have to go to the large department 315 00:21:51,420 --> 00:22:04,900 and then file and hopefully I hope to break ground by after the rain which is right what six months maybe around April. 316 00:22:05,660 --> 00:22:07,780 Okay. Thank you very much. 317 00:22:10,510 --> 00:22:11,810 You can sit down now. 318 00:22:12,150 --> 00:22:13,370 Thank you. Thank you. 319 00:22:13,970 --> 00:22:17,050 Anybody else from the public wish to speak on this item? 320 00:22:18,610 --> 00:22:19,890 Okay, thank you. 321 00:22:20,450 --> 00:22:23,610 Reporting secretary, do we receive any correspondence on this? 322 00:22:24,810 --> 00:22:30,010 Just the one mentioned by David Bradley, from Mr. Robert Bunion. 323 00:22:31,390 --> 00:22:35,330 Okay, with that I'll close the public hearing, bring it back. 324 00:22:35,810 --> 00:22:38,070 Do we have a motion or comments? 325 00:22:38,650 --> 00:22:38,690 Yes. 326 00:22:39,290 --> 00:22:41,490 A question and then a comment. 327 00:22:43,110 --> 00:22:46,410 My question just went out of my head. 328 00:22:46,410 --> 00:22:56,190 Oh, what is it that satisfies the beginning of what triggers the satisfaction of the extension? 329 00:22:56,910 --> 00:23:00,050 They need to put what has to come in. 330 00:23:00,150 --> 00:23:00,870 They don't break ground. 331 00:23:01,130 --> 00:23:01,750 It's what? 332 00:23:03,830 --> 00:23:10,350 I think, Commissioner Bernstein, what you're referring to is what the investing requirement is 333 00:23:10,350 --> 00:23:12,090 in California for a land use approval. 334 00:23:12,670 --> 00:23:17,890 It's actually the issuance of the building permit and then diligent pursuit of construction. 335 00:23:18,670 --> 00:23:21,810 So it's the issuance for triggers at the beginning of the building permit. 336 00:23:22,190 --> 00:23:23,730 Thank you for untrambling my question. 337 00:23:25,430 --> 00:23:26,870 I thought a lot about this. 338 00:23:27,050 --> 00:23:32,270 I mean we're seeing construction, we're seeing clouds going up, hopefully bricks is moving 339 00:23:32,270 --> 00:23:37,330 forward and of course we all want to see the town center built out, excited about that 340 00:23:37,330 --> 00:23:47,470 and hopefully the corner on lot is I guess I'm not inclined to wait another year. Is there a 341 00:23:47,470 --> 00:23:54,070 potential to grant a partial extension say six months, say four months, is that an option? 342 00:23:56,010 --> 00:24:03,530 It is. I have the discretion of the commission. Okay. I guess I would throw out there that I would 343 00:24:03,530 --> 00:24:06,550 support a six-month extension, but not a year extension. 344 00:24:07,950 --> 00:24:08,550 Thank you. 345 00:24:08,690 --> 00:24:10,710 Do we have any other permission or please? 346 00:24:11,710 --> 00:24:12,430 Thank you, Mr. Chairman. 347 00:24:15,390 --> 00:24:20,450 I remember the hearing when we first considered this project in 2019. 348 00:24:21,750 --> 00:24:24,250 And I was really excited for the project. 349 00:24:24,430 --> 00:24:29,850 I think the design is unique and I think it's going to be a focal point there on Lakeview 350 00:24:29,850 --> 00:24:33,210 that will really bring people into the center. 351 00:24:34,650 --> 00:24:36,550 I am looking forward to the completion. 352 00:24:36,750 --> 00:24:43,110 I am disappointed it has not started yet, but it sounds like things are in place. 353 00:24:44,270 --> 00:24:46,850 And I am supportive of the extension. 354 00:24:47,570 --> 00:24:55,690 I don't feel like it's appropriate arbitrarily limited to six months. 355 00:24:55,930 --> 00:24:58,470 I think we can do a year, we did a year last time. 356 00:24:58,470 --> 00:24:59,970 And I don't think that... 357 00:25:00,000 --> 00:25:29,200 Six months or six months from that six months is really going to make a hill of difference. And I think we should give the applicant, afford the applicant the opportunity to go forward and complete this project. I really think it's going to be complimentary. And I think it's going to be a great synergy within the center with this addition. So I would not be amenable to only a six month extension. I will support the full year. Is that a motion? That is a motion. 358 00:25:29,200 --> 00:25:29,520 Thank you, thank you for continuing to be here. 359 00:25:29,520 --> 00:25:29,700 I'll be back. 360 00:25:29,700 --> 00:25:29,900 Second. 361 00:25:32,980 --> 00:25:33,880 We have a second. 362 00:25:33,980 --> 00:25:34,540 Thank you. 363 00:25:34,600 --> 00:25:34,680 Ok. 364 00:25:34,900 --> 00:25:36,400 Recording Secretary, take role. 365 00:25:37,220 --> 00:25:37,700 Please. 366 00:25:37,960 --> 00:25:38,120 Yes. 367 00:25:38,760 --> 00:25:39,080 Do you think? 368 00:25:39,220 --> 00:25:39,440 Yes. 369 00:25:40,080 --> 00:25:40,820 Master Send. 370 00:25:41,560 --> 00:25:41,700 Yes. 371 00:25:42,480 --> 00:25:42,820 Do you know? 372 00:25:43,180 --> 00:25:43,400 Yes. 373 00:25:43,760 --> 00:25:44,100 Vurnstein. 374 00:25:44,360 --> 00:25:44,600 No. 375 00:25:45,160 --> 00:25:51,040 motion carries 4 to 1 with Bernstein dissenting and the planning commission's 376 00:25:51,040 --> 00:25:54,820 decision is final unless appeal to the city council within 15 days. 377 00:25:55,880 --> 00:26:01,720 Thank you. Thank you. Moving on new business design review 2021-10 378 00:26:01,720 --> 00:26:06,760 Guinea's restaurant. Mr. Mason Warren will be giving the staff report on this 379 00:26:06,760 --> 00:26:11,580 item. Mr. Chair. Sorry just one second. Do we want to give our audience members 380 00:26:11,580 --> 00:26:14,920 So to let them know that it's you don't have to stay once your item is 381 00:26:14,920 --> 00:26:20,160 They want to hear us. I know. I know. We live on. I'm sure some of you haven't had dinner. 382 00:26:21,560 --> 00:26:23,960 We won't think you're rude if you want to leave. 383 00:26:26,740 --> 00:26:27,140 Okay. 384 00:26:28,880 --> 00:26:31,180 See? See? This is the place to be tonight. 385 00:26:31,260 --> 00:26:35,160 Oh, yeah. I felt bad. I was just taking it now. 386 00:26:42,660 --> 00:26:53,700 I'm sorry we're going to the final for us go for it before the planning commission tonight is a designer you request to modify the 387 00:26:53,700 --> 00:27:01,680 exterior of the existing Denny's restaurant and Savai Ranch existing prestanding building that was approved by design 388 00:27:01,680 --> 00:27:08,660 view and additional use permit back in 1990 by the planning commission. You can see here in 389 00:27:08,660 --> 00:27:14,400 this image the existing design that was approved at that time. The applicant and the operator of 390 00:27:14,400 --> 00:27:19,980 Denny's is proposing to expand the restaurant with an outdoor dining area on the south elevation 391 00:27:19,980 --> 00:27:26,720 it would be kind of the left side of this image here and also identified here on this site plan. 392 00:27:26,720 --> 00:27:33,720 And be a 714 square foot outdoor dining patio covered with a sheet metal patio cover. 393 00:27:34,440 --> 00:27:38,980 And we're going to accommodate some additional dining space. 394 00:27:40,960 --> 00:27:43,060 Staff did reach out to the applicant. 395 00:27:43,280 --> 00:27:47,700 We don't have a formal business operations letter, but we did speak with the restaurant operator. 396 00:27:48,460 --> 00:27:53,220 They do not intend to modify the operations of Denny's, so 397 00:27:53,220 --> 00:28:01,780 However, this is just an additional outdoor dining space, and they don't intend to make any changes to their alcohol use either. 398 00:28:01,940 --> 00:28:04,240 They don't intend to serve alcohol out on the patio. 399 00:28:05,380 --> 00:28:09,560 Staff leaves the proposed design is attractive and consistent with the existing architecture. 400 00:28:09,840 --> 00:28:21,360 The building would feature a sheet metal patio cover in a split face block enclosure with a glass enclosure at top of the split face block. 401 00:28:22,500 --> 00:28:26,700 against athletes. It's consistent with the design of the existing building. There's one slight 402 00:28:26,700 --> 00:28:31,940 modification to the design that was brought up proposed by the restaurant operator after the 403 00:28:31,940 --> 00:28:38,120 report went out to the planning commission. They're proposing to modify the color of the patio cover 404 00:28:38,120 --> 00:28:45,780 roof itself from Denny's red to Denny's yellow to match the color of the Denny's logo on the tower there. 405 00:28:45,780 --> 00:28:51,520 So with that staff recommends that the planning commission approve the design of your application 406 00:28:51,520 --> 00:28:56,020 by minute motion with the attached conditions and I compared to answering any questions. 407 00:28:56,460 --> 00:28:57,680 Anybody have questions for staff? 408 00:28:58,660 --> 00:28:59,020 Yes. 409 00:28:59,340 --> 00:29:00,720 Just curiosity question. 410 00:29:01,500 --> 00:29:05,700 The boundaries of the property on your first slide are those really the boundaries of the 411 00:29:05,700 --> 00:29:06,040 property? 412 00:29:06,760 --> 00:29:06,900 Yep. 413 00:29:07,300 --> 00:29:08,640 They include the roadway and everything. 414 00:29:09,140 --> 00:29:09,620 Yes indeed. 415 00:29:10,060 --> 00:29:10,160 Yep. 416 00:29:10,500 --> 00:29:10,680 It's a private. 417 00:29:10,680 --> 00:29:11,020 Interesting. 418 00:29:11,460 --> 00:29:11,900 Yeah. 419 00:29:11,960 --> 00:29:12,700 That's a private road. 420 00:29:12,700 --> 00:29:23,700 But clearly, yeah, I'm curious to say, actually most people own to the middle of the street 421 00:29:23,700 --> 00:29:27,180 in front of your house and the city just has an easement for a right of way. 422 00:29:27,640 --> 00:29:31,360 People are technically the property owners, usually, of the road in front of their street. 423 00:29:34,730 --> 00:29:35,750 Is the applicant here? 424 00:29:36,970 --> 00:29:38,310 Does that look like the applicant's here? 425 00:29:38,470 --> 00:29:38,550 No. 426 00:29:38,870 --> 00:29:44,010 Has the applicant's reviewed the conditions of approval and is in agreement with those? 427 00:29:44,010 --> 00:29:47,590 The applicant has not responded to staff formally on the conditions approval. 428 00:29:47,930 --> 00:29:49,010 Okay, thank you. 429 00:29:49,070 --> 00:29:54,630 With that, I'll open up to the public direct, public hearing, anybody wishing to speak on this item? 430 00:29:56,230 --> 00:29:57,090 Is he sure? 431 00:29:58,710 --> 00:29:59,730 Any ever recording? 432 00:30:00,000 --> 00:30:20,200 Are any correspondence received? No, no, we don't. Okay, with that, I'll close the public hearing and bring it back. I'll leave a motion. Mr. Chair, I'll move that the Planning Commission approved design review 2021-10 denies by minute motion with the attached conditions. Do we have a second? Second, recording secretary? 433 00:30:22,780 --> 00:30:25,340 I vote. Yes. Yes. 434 00:30:28,280 --> 00:30:29,160 Yes. Yes. 435 00:30:33,040 --> 00:30:34,120 And the Planning Commission. 436 00:30:34,120 --> 00:30:37,580 this decision is final unless appeal to the City Council within 15 days. 437 00:30:38,400 --> 00:30:44,460 Moving on, new business item number seven, initiation of zoning code amendment to the city of 438 00:30:44,460 --> 00:30:46,940 Dervo and the zoning code, Mr. Brownlee. 439 00:30:47,880 --> 00:30:49,020 Thank you, Mr. Chair. 440 00:30:49,420 --> 00:30:53,440 This is in reference to SB 9, which was signed by the Governor last week. 441 00:30:54,180 --> 00:31:03,220 SB 9 is one of several housing related bills that have been trending in Sacramento. 442 00:31:04,120 --> 00:31:15,780 over the last year or so, what SB 9 does in just its most essential parts is allows 443 00:31:15,980 --> 00:31:26,080 a single family lot to be subdivided into two lots with no discretion by local governments. 444 00:31:27,480 --> 00:31:29,380 We have to allow them by right. 445 00:31:32,520 --> 00:31:42,060 Secondly, the law allows for up to a duplex to be built on each of the lots. 446 00:31:42,640 --> 00:31:47,660 So essentially you're taking a single family lot, which may have one home on it, 447 00:31:48,260 --> 00:31:52,180 and you're dividing it into two lots, each of which will allow up to two units. 448 00:31:52,180 --> 00:31:54,400 So, total of four units from one unit. 449 00:31:56,000 --> 00:32:01,480 This is a game changer, as I'm sure you can tell, there's a lot of chatter about it. 450 00:32:02,300 --> 00:32:08,600 There are a lot of people who support it, and a lot of people who are extremely opposed 451 00:32:08,600 --> 00:32:09,140 to it. 452 00:32:11,020 --> 00:32:23,080 The local governments are afforded some ability to regulate these on objective basis. 453 00:32:23,080 --> 00:32:29,720 But the essential allowance is not something that we have any regulatory authority over. 454 00:32:31,080 --> 00:32:40,020 So to the extent we can create some objective standards that would allow these new types of 455 00:32:40,020 --> 00:32:45,820 developments to occur in the city in the most sensitive way, in a way that can preserve 456 00:32:45,820 --> 00:32:51,840 to the extent feasible, the look and feel of neighborhoods in the city, single-family neighborhoods. 457 00:32:52,400 --> 00:33:00,040 We would like to start studying that and bring back a code amendment to the Planning Commission later. 458 00:33:01,200 --> 00:33:06,160 The law goes into effect, I believe, January 2nd of this next year. 459 00:33:07,680 --> 00:33:11,180 So we're going to work on this over the next several months. 460 00:33:11,180 --> 00:33:17,300 and the first step, as you know, in doing an amendment to the code is to initiate a code amendment. 461 00:33:17,860 --> 00:33:24,980 Make sure that the Planning Commission and our Council are inclined to consider amendments 462 00:33:24,980 --> 00:33:33,560 to the code. Staff would presume that the Planning Commission would support us looking into potential 463 00:33:33,560 --> 00:33:39,700 changes to the code, so we brought this request to initiate a code amendment to you this evening 464 00:33:39,700 --> 00:33:49,120 related to SB 9, the provisions of SB 9, and we would ask that you adopt the 465 00:33:49,120 --> 00:33:54,160 resolution initiating the code amendment. Happy to answer any questions? 466 00:33:55,040 --> 00:34:01,100 Anybody have any questions for staff? I just have one that I came to me while I was 467 00:34:01,100 --> 00:34:04,800 looking at this earlier today. There's a lot split because I know there's the 468 00:34:04,800 --> 00:34:08,540 requirement that the initial owner remain on to the Christmaw Femre on 469 00:34:08,540 --> 00:34:13,300 on the right, remain on-site as a resident in one of the units for three years, because 470 00:34:13,300 --> 00:34:21,460 there isn't necessarily a change in ownership, does a subdividing of the law trigger a property 471 00:34:21,460 --> 00:34:25,140 tax reassessment based on the new, because I mean if we're going to do this, we might as well 472 00:34:25,140 --> 00:34:30,040 at least get the extra revenue off of the additional units, correct, getting the answers 473 00:34:30,040 --> 00:34:30,300 no. 474 00:34:30,300 --> 00:34:41,820 the answer is probably yes and that's one of the more cynical pro-changes come on now I'm 475 00:34:41,820 --> 00:34:48,280 doing serious. No, no, no. Great choice of words. People are arguing that. Cities you should be in 476 00:34:48,280 --> 00:34:53,300 favor of losing your ability to control residential areas because you're going to get more money. 477 00:34:58,820 --> 00:35:00,000 So we 478 00:35:00,000 --> 00:35:04,280 All right. So, yeah, for a trade-off, whatever. Yeah. Hey. 479 00:35:07,400 --> 00:35:29,740 You know, and there's, you know, just so, I mean, and then you guys all notice, I actually did a memo on some of this that I'm David you forwarded to them on SB 9. I believe that Nate did yes. Can you get some of this? No? Okay, I'll, I'll give it to our lean. Okay. That I'm sitting in the little park last night where I'm city attorney and Governor Gavin signed 15 more bills. That impact housing. 480 00:35:29,740 --> 00:35:34,100 Some of which I haven't even read yet, I did forward something to you today on that. 481 00:35:34,460 --> 00:35:40,540 Yeah, so it's common, hard and fast, right, give it to hard and fast. 482 00:35:41,260 --> 00:35:45,640 And again, this is just initiating the zone change you're going to come back to us with 483 00:35:45,640 --> 00:35:46,920 recommendations in the future. 484 00:35:47,140 --> 00:35:51,120 Right, because SB9 specifically says we have the ability to have a local ordinance. 485 00:35:51,800 --> 00:35:54,500 And so obviously we have to follow the state law. 486 00:35:54,720 --> 00:35:59,040 They have the police power to govern such things within the state of California. 487 00:35:59,600 --> 00:36:05,600 But we, you know, make find areas like David mentioned that we can, you know, retain some control or smooth out the rough edges. 488 00:36:07,000 --> 00:36:08,120 So that's the point. 489 00:36:08,320 --> 00:36:09,160 That's my own question. 490 00:36:10,360 --> 00:36:10,940 Mr. Chairman. 491 00:36:11,100 --> 00:36:11,680 Yes, if I may. 492 00:36:12,180 --> 00:36:18,360 Mr. City Attorney, the process on a zoning amendment, just to make sure I remember it correctly, 493 00:36:19,740 --> 00:36:24,360 we initiated, planning commission initiated, initiates, it goes to staff, comes back to planning commission, 494 00:36:24,400 --> 00:36:27,360 then it goes to the city council for incorporation. 495 00:36:27,360 --> 00:36:30,760 Is that correct? Correct. So the City Council is the ultimate arbiter. 496 00:36:31,600 --> 00:36:35,120 Sadly, the planning commission cannot pass laws. Right? You can only recommend laws. 497 00:36:35,580 --> 00:36:37,080 I know. I know. I know. 498 00:36:37,960 --> 00:36:40,960 So, yeah, so you recommend it. City Council approves it. Got it. 499 00:36:41,120 --> 00:36:45,160 If City Council makes any substantial modifications that actually has to come back to you 500 00:36:45,160 --> 00:36:48,680 to sign off on that, then it goes back to them and then gets approved. Thank you. 501 00:36:48,920 --> 00:36:53,760 Right. So, and it's an ordinance that usually goes in effect 30 days after the second reading 502 00:36:53,760 --> 00:36:56,260 of an ordinance, all ordinances have to go twice 503 00:36:56,260 --> 00:36:57,280 to the City Council. 504 00:36:57,900 --> 00:36:58,200 Thank you. 505 00:36:58,940 --> 00:37:01,660 You know, there's one interesting part in SB 10 506 00:37:04,600 --> 00:37:09,500 that theoretically overturns local land use controls. 507 00:37:10,120 --> 00:37:14,200 Adopted via initiative, which would obviously be measure B. 508 00:37:15,280 --> 00:37:18,140 In certain circumstances, and there's been a lawsuit 509 00:37:18,880 --> 00:37:20,160 filed against that. 510 00:37:20,320 --> 00:37:21,700 It's actually an interesting legal question 511 00:37:21,700 --> 00:37:28,300 because the initiative power is in the state constitution and the legislatures now just 512 00:37:28,300 --> 00:37:31,220 making laws saying our laws overcome the initiative power? 513 00:37:32,060 --> 00:37:33,000 Well, that can't be right. 514 00:37:33,520 --> 00:37:36,940 You know, everything I remember from Scholastic Rock is right, the constitution's up here, 515 00:37:37,300 --> 00:37:41,400 the legislature's down here and you've got to follow that so there's going to be a lot 516 00:37:41,400 --> 00:37:42,280 of litigation about that. 517 00:37:42,660 --> 00:37:48,040 And it's actually brought by the AIDS Foundation in LA because they get a lot of state 518 00:37:48,040 --> 00:37:52,280 loss pass, you know, for various grants and funding through the initiative. So they 519 00:37:52,280 --> 00:37:57,540 don't want anything messing with the initiative process. Yeah, that's their goal. No. It's 520 00:37:57,540 --> 00:37:57,920 interesting. 521 00:37:58,320 --> 00:38:09,100 Uh, 9010 or, yeah, Anthony. 90s, 90s, 10s, we know. Okay. That's right. 90s, because she wrote 522 00:38:09,100 --> 00:38:16,640 a letter after the fact saying that SB9 doesn't impact CCNRs. Because you remember ADU, the 523 00:38:16,640 --> 00:38:20,540 the ADU state law, overcame local CCNRs and HOAs. 524 00:38:20,980 --> 00:38:23,480 She wrote letter after facts saying my law doesn't do that. 525 00:38:23,960 --> 00:38:27,200 Yeah, but isn't that a little, I mean, 526 00:38:27,320 --> 00:38:28,440 does that really going to hold any weight 527 00:38:28,440 --> 00:38:29,560 in the court of law, Todd? 528 00:38:31,260 --> 00:38:31,760 I hope so. 529 00:38:32,280 --> 00:38:34,660 I hope so, because a lot of our cities 530 00:38:34,660 --> 00:38:35,540 covered by HOAs. 531 00:38:35,800 --> 00:38:40,140 No, I know that, but when I dealt with legislation, 532 00:38:40,520 --> 00:38:42,760 it was like, yeah, the legislator can say whatever they want, 533 00:38:42,820 --> 00:38:45,180 but you have to go based on the wording 534 00:38:45,180 --> 00:38:47,980 of the legislation as well as the legislative history. 535 00:38:49,060 --> 00:38:50,900 Correct. So this would be the legislative history. 536 00:38:51,000 --> 00:38:52,660 You put it into the legislative record. 537 00:38:52,980 --> 00:38:54,040 You can do that post-ass. 538 00:38:56,340 --> 00:38:58,400 The general rule is to a court. 539 00:38:58,560 --> 00:39:00,780 If the law is clear, you apply the law. 540 00:39:01,200 --> 00:39:06,640 If it's not clear, you look at other sources of information. 541 00:39:07,220 --> 00:39:09,220 So this would fall into that subcategory of B. 542 00:39:10,620 --> 00:39:13,180 Okay. So just a question here. 543 00:39:13,180 --> 00:39:17,160 I know your blinda has a lot of, you know, mostly the lots are over an acre. 544 00:39:17,660 --> 00:39:20,780 How does it affect the existing sentinel family residences? 545 00:39:21,240 --> 00:39:25,200 I mean, if they want to add, it would be split of the lot first, if you want to add a 546 00:39:25,200 --> 00:39:27,980 second resident, so how does that affect, it's SB9? 547 00:39:29,160 --> 00:39:36,180 Yeah, well, it allows a lot of certain, you can't, 64, yeah, 64 is the ratio and there's 548 00:39:36,180 --> 00:39:40,520 a certain limit you can't, you have to allow them, I think it's 800 square feet, but remember 549 00:39:40,520 --> 00:39:41,860 right of a unit. 550 00:39:41,860 --> 00:39:45,780 So yeah, if you're going to split your lot right through the middle of your house 551 00:39:46,340 --> 00:39:51,800 Right, that may take some good architecture, you know to tweak that or it's a tear down, right? 552 00:39:52,320 --> 00:39:58,640 I mean the fear is big corporations are going to come into town by big lots in cities like the Oberlin de Villa Park boom put up forehomes 553 00:40:00,000 --> 00:40:22,860 This is the nature of a neighborhood immediately, right? So, yeah, so that's the fear. Depending on, I mean, everybody has different perspectives. I mean, the argument is it increases accessibility to housing. Yeah, I mean, I thought that was the whole purpose fine rena sort of maybe. Probably not, but that's the theory. Yeah. 554 00:40:26,780 --> 00:40:28,040 Remembered on being recorded. 555 00:40:43,040 --> 00:40:49,520 We're adopting this so that we can have input and shape locally, that's why we're adopting 556 00:40:49,520 --> 00:40:49,800 this. 557 00:40:50,520 --> 00:40:54,840 Under our code, there's two ways to start a zoning code amendment, a property owner can 558 00:40:54,840 --> 00:40:56,340 start it or the city can start it. 559 00:40:56,720 --> 00:41:00,760 So that's what we're doing and then it's going to come back to you because you use the planning commission or the ones 560 00:41:00,760 --> 00:41:07,280 We have to recommend what we're doing to the city council before they act. Thanks. So we want it. We're doing it now because we want it to be all 561 00:41:07,280 --> 00:41:15,280 Flushed out by the date that this goes into effect on January 2nd as close as we can. Okay, okay with that 562 00:41:15,280 --> 00:41:19,600 I will open it up to the public hearing. Does anyone out there wish to speak on this item? 563 00:41:20,520 --> 00:41:24,280 You like it now. We've saved your name for the record. That's why she's saved. 564 00:41:26,340 --> 00:41:30,060 We're worried about schools, parking. 565 00:41:31,280 --> 00:41:35,280 I mean, on Lugan Drive, we really have neighbors 566 00:41:35,280 --> 00:41:38,860 who have a small house and they have four cars. 567 00:41:39,640 --> 00:41:43,300 And our neighbor has a humongous truck parked there. 568 00:41:43,920 --> 00:41:46,200 Another SUV, two on his driveway. 569 00:41:46,920 --> 00:41:50,080 And he could potentially split his lab 570 00:41:50,080 --> 00:41:52,740 because he has a big lot in building other houses. 571 00:41:52,740 --> 00:41:54,560 But my worries are where are we going to park? 572 00:41:55,860 --> 00:41:57,300 Also, we have the schools. 573 00:41:57,780 --> 00:41:59,320 And we don't have a fair amount. 574 00:41:59,320 --> 00:42:03,020 It's been built since 1972, Fairbond Elementary School. 575 00:42:03,680 --> 00:42:05,680 And I would like to see that one rebuild 576 00:42:05,680 --> 00:42:08,780 and have better conditions for our children 577 00:42:08,780 --> 00:42:10,400 and those bungalows, I'm sorry. 578 00:42:11,120 --> 00:42:13,260 But I've seen other schools built in Anaheim 579 00:42:13,260 --> 00:42:15,520 and they're so amazing and state of the art 580 00:42:15,520 --> 00:42:21,140 and a lot of light for our kids to help with their development. 581 00:42:21,140 --> 00:42:27,260 And so this, if we're going to do this, are they, we're going to have some guidelines in place to 582 00:42:28,160 --> 00:42:31,660 take parking into consideration and schools and 583 00:42:33,520 --> 00:42:36,800 that's really concerned. So the state hamstrings us 584 00:42:37,520 --> 00:42:43,900 rightfully or wrongfully, they're the state, they're smarter than us as to what we can require 585 00:42:43,900 --> 00:42:49,300 and what we can't require. So in this case, for parking, we're only allowed to 586 00:42:49,300 --> 00:42:55,840 require one additional parking space per unit built I think right so they say 587 00:42:55,840 --> 00:42:59,760 because that's a rational concern right you you got to make sure there's 588 00:42:59,760 --> 00:43:03,060 enough parking you need to make sure there's enough sewer service right water 589 00:43:03,060 --> 00:43:07,580 service the fundamentals right and a lot of cities are planned a certain way with 590 00:43:07,580 --> 00:43:10,840 a certain amount of sewer pressure water and all that good stuff well water 591 00:43:10,840 --> 00:43:14,560 pressure and this changes that and the state an 592 00:43:15,440 --> 00:43:24,220 And well, I've heard of this internet thing, so they limit, like David was saying, our 593 00:43:24,220 --> 00:43:29,380 discretion, because they want to control cities as to what we can do to ameliorate those 594 00:43:29,380 --> 00:43:35,780 exact type of concerns. That's why, you know, there's concern on behalf of cities and 595 00:43:35,780 --> 00:43:41,160 people that represent cities is, I mean, it's a battle of philosophies as to who should 596 00:43:41,160 --> 00:43:46,980 control those things. I would just add Ms. Poppa that your city council has gone on record 597 00:43:46,980 --> 00:43:56,360 opposing SB 9 and SB 10 before they like a year ago and often they would express their 598 00:43:56,360 --> 00:44:03,760 concerns about it. Unfortunately it's the prerogative of the state as Mr. Litvin explained 599 00:44:03,760 --> 00:44:11,320 And I will use Councilmember Jean Hernandez words here elections have consequences. 600 00:44:12,080 --> 00:44:17,860 And you know anyone who's dissatisfied with what's happening should really kind of remember 601 00:44:17,860 --> 00:44:20,740 that adage and vote your conscience next time. 602 00:44:21,340 --> 00:44:24,140 And this will be overturned, should they have another governor? 603 00:44:25,120 --> 00:44:31,860 It isn't something that could be easily overturned but as Mr. Lipton noted there was a lawsuit 604 00:44:31,860 --> 00:44:39,080 filed against SB 10, which is separate from SB 9 for certain reasons. 605 00:44:39,300 --> 00:44:44,720 We'll see what the courts think about that, totally different issues, I think, of concern 606 00:44:45,220 --> 00:44:46,620 in that particular lawsuit. 607 00:44:47,660 --> 00:44:50,660 But could a party bring a cause of action on SB 9? 608 00:44:51,000 --> 00:44:52,700 I believe so, Mr. Lipin. 609 00:44:53,440 --> 00:44:59,100 It hasn't happened yet, but we'll see what happens at this point is the law. 610 00:44:59,100 --> 00:44:59,920 you 611 00:45:00,000 --> 00:45:28,160 Signed by the governor. David, though, can you correct me if I'm wrong, but developers, so if we've what Todd was saying were to come into fruition and developer came in and started by developers, you have to pay in new fees for schools. Correct. So when you build as a condition of building, there is there is money conceivably that goes to schools. Correct. As a part of the construction. And I don't know if there's a carve out for those fees. There are certain carve outs in SB 9. 612 00:45:28,160 --> 00:45:30,460 I mean, for instance, you do not have to, 613 00:45:31,340 --> 00:45:34,360 the seeds cannot require dedication and improvement 614 00:45:35,000 --> 00:45:36,860 like we normally do with subdivisions 615 00:45:38,080 --> 00:45:40,440 for SB9-related lock spots. 616 00:45:40,820 --> 00:45:40,960 Okay. 617 00:45:41,400 --> 00:45:43,740 I don't believe there's a carve-out for school fees. 618 00:45:44,600 --> 00:45:47,860 But you would potentially read school fees off of these as well. 619 00:45:48,300 --> 00:45:48,400 Okay. 620 00:45:48,620 --> 00:45:50,280 That's one of the things that should be looking at 621 00:45:50,280 --> 00:45:52,660 as you go through this and indeed dies. 622 00:45:52,740 --> 00:45:56,620 Yes, this was just passed just signed last week 623 00:45:56,620 --> 00:46:01,900 like Gavin Newsom, and we're still kind of digesting it. 624 00:46:02,680 --> 00:46:03,100 Thank you. 625 00:46:03,240 --> 00:46:08,500 So what I was talking about before though, the initiative power, there are, I love everybody, 626 00:46:08,660 --> 00:46:15,540 I made political, but there are efforts, I know, to put a state ballot initiative on the ballot 627 00:46:15,540 --> 00:46:16,920 to overturn a lot of this. 628 00:46:19,440 --> 00:46:23,200 So that would be like all those props that we have to vote on all the time, right? 629 00:46:23,200 --> 00:46:28,820 proposition yep so there are there are mechanisms in California because there's direct government 630 00:46:30,140 --> 00:46:34,060 Thank you very much. I just provide information 631 00:46:39,500 --> 00:46:46,060 Did we receive any course wanted on this matter? Okay, would that up close the public hearing on that bring it back to the commission? 632 00:46:46,380 --> 00:46:47,760 Do we have a motion to 633 00:46:50,940 --> 00:46:54,340 Mr. Chairman, I move that the Planning Commission's 634 00:46:54,340 --> 00:46:58,260 opt-to-touch resolution initiating a zoning ordinance amendment pertaining to compliance 635 00:46:58,260 --> 00:46:59,120 with SB 9. 636 00:46:59,420 --> 00:46:59,940 Second. 637 00:47:00,680 --> 00:47:01,060 Second. 638 00:47:02,000 --> 00:47:03,720 Boarding Secretary, can we take a vote? 639 00:47:04,560 --> 00:47:05,240 Yes. 640 00:47:05,720 --> 00:47:05,980 Seeing. 641 00:47:06,540 --> 00:47:06,660 Yes. 642 00:47:07,260 --> 00:47:08,180 Are now. 643 00:47:08,520 --> 00:47:08,920 Yes. 644 00:47:09,300 --> 00:47:09,660 Bernstein? 645 00:47:10,000 --> 00:47:10,220 Yes. 646 00:47:10,580 --> 00:47:11,140 Masterson. 647 00:47:11,240 --> 00:47:11,380 Yes. 648 00:47:11,720 --> 00:47:12,740 Motion carries unanimously. 649 00:47:12,740 --> 00:47:19,660 Thank you moving on old business. I do not have anything Mr. Bradley. 650 00:47:19,920 --> 00:47:21,860 Yep. Correctors report. 651 00:47:22,560 --> 00:47:26,080 Yes. Actually this is kind of a business. 652 00:47:26,800 --> 00:47:34,520 You're approval of the Zang matter at your meeting a couple times ago. 653 00:47:34,940 --> 00:47:37,680 It was off of Via del Caballo was appealed. 654 00:47:38,880 --> 00:47:40,220 May recall. 655 00:47:42,040 --> 00:47:49,220 No, it was a front yard wall fence, six feet high in one of the neighbors had it the 656 00:47:49,220 --> 00:47:54,100 nine foot fence? No, this is a six foot wall fence at the Adel Caballo and Palm. 657 00:48:00,580 --> 00:48:07,500 It was appealed by Mr. Rosenthal, a neighbor went to the City Council just last week. 658 00:48:08,340 --> 00:48:16,220 The City Council did uphold the planning commission's decision and oddly the appellant spoke 659 00:48:16,800 --> 00:48:23,400 after staff's presentation and sort of asked whether or not exhibit A which is the conditions 660 00:48:23,400 --> 00:48:31,060 of approval were part of what the Council would act on if they were to approve or uphold 661 00:48:31,060 --> 00:48:32,380 the planning commission's decision. 662 00:48:32,380 --> 00:48:33,920 And we said, yes. 663 00:48:34,100 --> 00:48:35,760 And he said, oh, well, I'm OK then. 664 00:48:36,720 --> 00:48:37,980 So it was kind of weird. 665 00:48:39,900 --> 00:48:44,060 So I think it caught Mr. Lippin off guard as well as the mayor. 666 00:48:44,260 --> 00:48:46,080 And they're sort of like, well, it sounds like you're 667 00:48:46,080 --> 00:48:47,480 almost withdrawing your appeal. 668 00:48:48,600 --> 00:48:51,400 And he kind of said, yeah, essentially. 669 00:48:51,760 --> 00:48:57,100 And so anyways, it was a prove upheld, but just kind 670 00:48:57,100 --> 00:48:58,200 of an interesting one. 671 00:48:58,200 --> 00:49:29,230 I did forward the press release on the additional housing bills that were signed by Governor Newsom and the other request, we have not a lot of items if any for teed up for the October 13th meeting and we are suggesting that you cancel that October 13th meeting and adjourn the meeting this evening. 672 00:49:29,230 --> 00:49:34,510 to the 27th of October and that is all I have. 673 00:49:38,490 --> 00:49:40,910 Okay. Moving on, Commissioner Comments. 674 00:49:42,370 --> 00:49:49,130 Question. Brick's on main looks like it stopped. Is it internal and we just can't see? 675 00:49:51,390 --> 00:49:59,650 No, they have not gotten their building plans approved yet. There was, I had a meeting 676 00:49:59,650 --> 00:49:59,990 with them. 677 00:50:00,000 --> 00:50:28,800 Yesterday, they are looking at ways to deal with the penetration to the wall on the south side of the building. And the initial way that they were going to do it, which is very complicated, proved to be not something that they could even get a contractor to undertake because of the liability. So there's a different way that they can do it. And so we had a meeting with them to talk through that with the building official. 678 00:50:28,800 --> 00:50:34,320 So they're going to redo their plans and resubmit and it shouldn't be too much longer. 679 00:50:34,740 --> 00:50:35,740 They're going full speed ahead. 680 00:50:35,960 --> 00:50:36,080 Great. 681 00:50:37,380 --> 00:50:38,580 That's going to be a great focal point. 682 00:50:38,880 --> 00:50:39,020 Yeah. 683 00:50:39,380 --> 00:50:39,540 Yeah. 684 00:50:39,680 --> 00:50:40,220 On Main Street. 685 00:50:40,820 --> 00:50:40,880 Yeah. 686 00:50:41,200 --> 00:50:41,320 Yeah. 687 00:50:42,320 --> 00:50:43,200 Pretty excited about that. 688 00:50:43,660 --> 00:50:43,680 Yeah. 689 00:50:44,560 --> 00:50:45,020 Yeah. 690 00:50:46,940 --> 00:50:47,280 Mr. Chairman. 691 00:50:48,060 --> 00:50:52,720 I just want to note for the record that all three of my children went through adventure playground. 692 00:50:53,100 --> 00:50:56,340 And on Tuesday, October 5th, they're having a dedication. 693 00:50:56,340 --> 00:50:59,540 and I encourage all the planning commissioners to come. 694 00:50:59,780 --> 00:51:01,680 It's a great facility. 695 00:51:02,660 --> 00:51:07,960 My boys just loved it and I'm happy to see it open up again. 696 00:51:08,120 --> 00:51:09,200 I actually did it. 697 00:51:09,200 --> 00:51:10,160 I did it, five o'clock. 698 00:51:10,360 --> 00:51:12,260 Yeah, it was a kid, a sprinter playground, it was fun. 699 00:51:12,360 --> 00:51:12,440 Let's go. 700 00:51:13,640 --> 00:51:16,320 Five o'clock on Tuesday, the night of the council meeting. 701 00:51:16,740 --> 00:51:17,260 Yeah, it's it. 702 00:51:17,520 --> 00:51:17,600 Yeah. 703 00:51:17,660 --> 00:51:19,100 Right, the author did it during COVID. 704 00:51:19,960 --> 00:51:20,460 Yeah, it was. 705 00:51:20,960 --> 00:51:22,620 Yeah, it's like happening. 706 00:51:22,960 --> 00:51:23,120 Yeah. 707 00:51:23,700 --> 00:51:24,980 That was just awesome. 708 00:51:24,980 --> 00:51:29,120 I'm building the forts and all the slides and may interject something no chairman 709 00:51:29,120 --> 00:51:31,960 I do not recommend though if you are 710 00:51:33,320 --> 00:51:35,920 275 pound attorney on a good day 711 00:51:36,680 --> 00:51:43,500 Walking on the top of that fort because maybe at one point in time you fell through and had to get yourself by your arms 712 00:51:43,500 --> 00:51:45,420 to a birth sudden death 713 00:51:45,980 --> 00:51:47,900 What about the mudslide? Did you do that? 714 00:51:49,800 --> 00:51:54,680 The mudslide is a whole different issue. That was orange county health. We resolved that 715 00:52:00,340 --> 00:52:02,880 But I'm sure it won't happen anymore. 716 00:52:04,240 --> 00:52:09,500 I thought all those structures were approved by the building department here in the city. 717 00:52:11,140 --> 00:52:13,660 Now who's being what was that before? 718 00:52:14,760 --> 00:52:17,040 I was being facetious. There's a different. 719 00:52:22,220 --> 00:52:29,980 I have two comments, one, is it possible to get, like, I'm sure at your loss is offering 720 00:52:29,980 --> 00:52:34,960 you have legal summaries on all these housing initiatives that have been passed, is it possible 721 00:52:34,960 --> 00:52:36,800 to get summaries of all those? 722 00:52:37,560 --> 00:52:39,020 Yeah, that's what David and I were just talking about. 723 00:52:39,020 --> 00:52:45,420 I did one for 9, 10, a couple of others. 724 00:52:45,860 --> 00:52:47,920 We actually are waiting for something 725 00:52:47,920 --> 00:52:49,840 from the League of Cities as well on this. 726 00:52:50,140 --> 00:52:52,440 And I talked about that with Nate this afternoon. 727 00:52:53,080 --> 00:52:55,740 Generally, the League will do a legislative update 728 00:52:56,620 --> 00:52:59,360 and send out a brief summary of each of these. 729 00:52:59,560 --> 00:53:00,980 We're going to be on the lookout for that 730 00:53:00,980 --> 00:53:03,540 and intend to pat that on to you guys as well. 731 00:53:03,880 --> 00:53:06,580 The governor hasn't told the tent to sign a veto everything. 732 00:53:06,580 --> 00:53:11,560 So you really won't know the lay of the land from this legislative cycle until after the tent. 733 00:53:12,260 --> 00:53:14,500 Okay. That's a good point. 734 00:53:15,140 --> 00:53:16,980 But we do do them as well, and I can forward them to you. 735 00:53:17,160 --> 00:53:20,180 I mean, David gets so many different, I mean, you get a lot of summaries, so. 736 00:53:20,740 --> 00:53:25,840 And then one of the comments is that I brought up tonight is parking issues. 737 00:53:26,120 --> 00:53:29,940 I have actually had a couple of friends that actually have had parking issues 738 00:53:29,940 --> 00:53:35,380 and their communities with people parking on the streets and never moving the cars. 739 00:53:35,380 --> 00:53:39,840 So that is something I would say we should take a look at and really focus on the future. 740 00:53:40,040 --> 00:53:44,780 So I know those parking issues are certain to happen in some of the subdivisions here in the city. 741 00:53:45,160 --> 00:53:48,560 So that's it for me on that. 742 00:53:48,820 --> 00:53:49,680 One more thing, actually. 743 00:53:50,280 --> 00:53:55,340 Just so the commission knows, I know some of you were on the commission when we went on the first go around. 744 00:53:55,760 --> 00:54:01,380 The Esperanza Hills Project, which is next to the Seattle Vista Project north of Stonehaven. 745 00:54:01,380 --> 00:54:06,720 So the city council, well not the city, city staff about a year ago denied their request 746 00:54:06,720 --> 00:54:11,540 to put a road through that slope on Stonehaven because city's contention was it was beyond 747 00:54:11,540 --> 00:54:17,180 the city's property owner's easement rights because they wanted to grade the entire roadway. 748 00:54:17,540 --> 00:54:18,900 That is in litigation now. 749 00:54:19,300 --> 00:54:21,740 The trial date is December 13th. 750 00:54:21,960 --> 00:54:28,320 So we will get a court order on that issue at that point in time as to how wide their road 751 00:54:28,320 --> 00:54:28,660 can be. 752 00:54:29,040 --> 00:54:29,700 I tell you that. 753 00:54:29,700 --> 00:54:34,840 I mean, that's all public record, but just if you're approached by people since it is in litigation, you know, 754 00:54:36,360 --> 00:54:42,060 A little bit discretion. Maybe no discussion would be helpful because you don't know who's really behind the scenes asking questions 755 00:54:42,760 --> 00:54:44,280 So for what it's worth 756 00:54:45,640 --> 00:54:48,800 Okay, moving on correspondence received 757 00:54:49,360 --> 00:54:50,760 We have one item 758 00:54:51,560 --> 00:54:59,400 Mr. Chair for the record I didn't I believe note at the very beginning in the meeting regarding the Sanders matter 759 00:54:59,400 --> 00:54:59,860 whether 760 00:55:00,340 --> 00:55:10,940 I noted that we did receive correspondence from two individuals. We did forward those to you. I will 761 00:55:10,940 --> 00:55:17,320 make mention of that, again, when we bring it back to you for the public hearing in December. 762 00:55:17,320 --> 00:55:25,040 did we ever under the one person wanted to be um didn't want you wanted it to be um confidential 763 00:55:25,040 --> 00:55:33,520 okay okay okay okay um with that then we will that will adjourn the next we'll 764 00:55:33,520 --> 00:55:39,840 adjourn to the next planning commission meeting which is October 27th 2021 thank you