| Time | Speaker | Text |
|---|---|---|
| 00:00:03.19 | Kristina Feller | Yeah, we're ready. |
| 00:00:07.07 | Kristina Feller | Okay, great. Why don't we go ahead and let the poll again? |
| 00:00:11.95 | Unknown | Recording in progress. |
| 00:00:14.04 | Kristina Feller | you |
| 00:00:14.07 | Unknown | Thank you. |
| 00:00:14.19 | Kristina Feller | Let me know when you're recording. Amen. Chair Feller, all the public is in. I hand it over to you. Great, thank you so much Maria and good evening everybody. Welcome to the regular Planning Commission meeting. for Wednesday, October 19th. Dan, if you could please call the roll. |
| 00:00:39.20 | Dan | Good evening Chair Feller and members of the Planning Commission. This meeting is being held pursuant to government code section 54953 subsection E. And in light of the declared state of emergency, the regular meeting of the Planning Commission on October 19th, 2022, will be conducted telephonically through Zoom and broadcast live on the city's website. With that, would you like me to call to order? |
| 00:01:06.57 | Kristina Feller | Thank you. |
| 00:01:06.59 | Dan | Yes, please. Thank you. Um, Commissioner Saad. here. missioner graph. THE END OF Commissioner Luxenberg? |
| 00:01:15.70 | Jeffery Luxenberg | here. |
| 00:01:16.54 | Dan | Vice Chair Junius. |
| 00:01:18.11 | Andrew Junius | present. |
| 00:01:18.91 | Dan | Chair Filler. |
| 00:01:22.73 | Dan | you know, |
| 00:01:22.80 | Kristina Feller | Yeah. |
| 00:01:22.87 | Dan | I'm not sure. |
| 00:01:23.04 | Kristina Feller | you |
| 00:01:23.66 | Dan | We have a quorum. |
| 00:01:24.37 | Kristina Feller | Bye. Great, thank you so much. Moving on to item number two is the approval of the agenda. Do I have any comments just by a show of hands to the agenda this evening? If not, I'll take a motion to approve. |
| 00:01:41.94 | Nastassya Saad | make the motion? |
| 00:01:42.55 | Kristina Feller | Thank you. |
| 00:01:42.56 | Nastassya Saad | Thank you. All right. |
| 00:01:44.49 | Kristina Feller | I can. Right? So I've, Thank you. Dan, could you call the roll? Ms. Masada. |
| 00:01:53.01 | Dan | Yes. Commissioner Graff, |
| 00:01:54.83 | Jeffery Luxenberg | Thank you. |
| 00:01:54.93 | Dan | Thank you. Commissioner Luxembourg? |
| 00:01:56.99 | Jeffery Luxenberg | Yes. |
| 00:01:58.12 | Dan | Vice Chair Junius. |
| 00:01:59.39 | Jeffery Luxenberg | Yes. |
| 00:01:59.76 | Dan | Thank you. Chair Feller. |
| 00:02:02.27 | Kristina Feller | Yes. |
| 00:02:03.25 | Dan | Motion carries. |
| 00:02:05.82 | Kristina Feller | Great, thank you. Moving on to item number three, This is a time for the public to make comments on any items not on the agenda this evening. You'll have three minutes per speaker to make that public comment. Dan, if I could ask that you provide some orientation as to how the public can raise their hand in the Zoom application. or by |
| 00:02:28.19 | Dan | or by a cell phone. Okay, sure. This is a time for the planning commission to hear from citizens regarding matters that are not on the agenda. Except in very limited situations, state law precludes the Planning Commission from taking action on or engaging in discussions concerning items of business that are not on the agenda. However, The planning commission may refer matters not on the agenda to staff, or direct the subject be agendized at a future meeting. Video or audio public comment participation is limited to three minutes per speaker. If you would like to make a comment, please raise your hand in the Zoom app. and you will be called upon when it is your time to speak. To raise your hand from a phone, press star nine. Each speaker will be notified when the time has elapsed. |
| 00:03:15.95 | Kristina Feller | you |
| 00:03:19.51 | Kristina Feller | Thank you so much. At this time, I'm just looking for raised hands in the audience and I'll call upon you in the order that I see you on my screen. seeing no hands at this time. I'm going to go ahead and close public comment and move on to item number four, which is the approval of the planning commission. minutes. We have one item in front of us this evening, which is the September 21st draft minutes. Um, do we have any comments from any commissioner on these minutes? Uh, commissioner Luxenberg? Let's start with you. |
| 00:03:52.77 | Jeffery Luxenberg | Let's start with you. I'm all set with these minutes, thank you. |
| 00:03:59.12 | Kristina Feller | Commissioner Saad? |
| 00:04:00.75 | Nastassya Saad | I only had one comment. And it was starting on page three, line three. It's referring to the HIAC. There's a B instead of the C. So it's HEAB, if we can just make that change for anywhere you see that to HEAC for HEAC. Otherwise, no other comments. |
| 00:04:26.30 | Kristina Feller | Thank you for picking that up. Commissioner graph. |
| 00:04:29.78 | Richard Graef | Um, yeah, I, uh, I think it was somewhere in here I noticed My spelling of my name was incorrect in a few places. Not that I really care, but, um, Somebody, whoever does these minutes might make a note of that. |
| 00:04:54.58 | Kristina Feller | Okay, we'll make another step. |
| 00:04:54.74 | Richard Graef | Okay. That was fine. |
| 00:04:55.82 | Unknown | THE END OF |
| 00:04:58.95 | Kristina Feller | Okay. Thank you for that. Vice Chair Junius. |
| 00:05:03.87 | Andrew Junius | No comments. |
| 00:05:07.98 | Kristina Feller | Okay, great. Thank you. Um, commissioner Saad, thank you for picking up the, the HEAC reference. Um, Dan, if you can please make note anywhere that The word HIAB is identified. It should be HIAB standing for the Housing Element Advisory Committee. And if you could please double check and confirm Commissioner Graff's spelling of his name, that would be appreciated. So with that, I will entertain a motion to approve with those two changes. |
| 00:05:43.84 | Andrew Junius | So moved. |
| 00:05:47.86 | Andrew Junius | Thank you. |
| 00:05:47.91 | Kristina Feller | second. |
| 00:05:48.25 | Andrew Junius | Thank you. |
| 00:05:48.26 | Kristina Feller | Thank you. Thank you. Do I have a second? |
| 00:05:51.42 | Andrew Junius | That was me. |
| 00:05:51.54 | Kristina Feller | Thank you, Vice Chair. Dan, could you take the role? I saw it. |
| 00:05:56.51 | Andrew Junius | Yes. |
| 00:05:57.31 | Kristina Feller | Commissioner Graff, |
| 00:05:58.08 | Dan | Thank you. |
| 00:05:58.91 | Jeffery Luxenberg | Yes. |
| 00:05:59.74 | Dan | Commissioner Luxembourg. |
| 00:06:01.06 | Jeffery Luxenberg | Yes. |
| 00:06:02.32 | Dan | Vice Chair Junius. |
| 00:06:03.60 | Jeffery Luxenberg | Yes. |
| 00:06:04.80 | Dan | Chair Feller? |
| 00:06:08.53 | Dan | Yeah. |
| 00:06:08.72 | Kristina Feller | Thank you. |
| 00:06:08.78 | Dan | Thank you. |
| 00:06:08.80 | Kristina Feller | you |
| 00:06:08.85 | Dan | Thank you. |
| 00:06:08.95 | Kristina Feller | Thank you. |
| 00:06:09.51 | Dan | Motion carries. |
| 00:06:13.29 | Kristina Feller | Great. Thank you. Let's move on to item number five, communications. And I'm delighted to have our city manager Chris Zapata with us this evening. City Manager Zapata, I know you have some communications this evening to share with the Commission. So over to you. |
| 00:06:33.13 | Chris Zapata | Thank you, Chair Feller. Good evening, everybody. Can everyone hear me? Can everybody hear me? Yeah, first of all, I want to thank all of you for your service. And certainly the invitation to be in front of this board tonight. I want to just kind of dive right into it. As you know, this year has been full of changes that have been difficult for obviously the public. applicants. the commission and city staff. So hopefully we can stabilize and move some things in a way they need to be in this community and for this department. |
| 00:07:05.62 | Unknown | this community and for this |
| 00:07:07.81 | Chris Zapata | And I want to talk a little bit about my philosophy of service that relates to this department. and what I've seen in the Community Development Department. I'm hearing some feedback. I'm not sure what that is. Um, So, so Soslito, you know, obviously has a need for consultants given its limited staff, but it's recent practice of hiring lots of consultants to meet complex needs or, um, spikes in service demands. I understand. Uh, I think that, uh, there was a time and place to have consultants, but I believe that it's always better to have staff. that is actually city staff and retain and work for the commission, the community, and the applicants in a consistent way. So, Again, know that I understand that we have had, you know, a season of change when Lily left and Heidi came on and Jim Moore came on and now Dan's come on. So that's been in the space of a year. That's been very difficult for a lot of people, and I acknowledge that. But at the same time, I'd really like to thank Dan Hortor, for stepping in at a critical time because this has been a critical time for that department. And we needed somebody to really be in charge of making sure that things kept going in a forward manner. And speaking of Dan, his last day with the The department is going to be November the 1st. He'll spend a couple of weeks helping orient our new community development I'd also like to take a moment to thank Chair Feller and Vice Chair Junius and Commissioner Luxembourg for their input on how to right the ship, ideas they had. And certainly I'd like to thank Commissioner Luxembourg for his participation in the hiring process. His 25 years of experience as a community and building and planning director really served us well. on the technical side and he was a welcome addition to this process so I want to thank him very much. And before I introduce our economic and community development director, I really like to acknowledge Chair Feller and I had a conversation last week involving some requests from the planning commission that are important, you know, and I want to talk about the ones that are easiest first, the objective design standards process and work and consultant and the funding for that needs to happen and will. So that's an ongoing and important thing. INITIATIVE, THE LAND SLIDE TASK FORCE RECOMMENDATIONS THAT WERE MADE REGARDING MAPPING AND |
| 00:09:36.94 | Unknown | initiative. |
| 00:09:43.74 | Chris Zapata | other review processes that were important and remain important. |
| 00:09:44.48 | Unknown | across the country. |
| 00:09:48.45 | Chris Zapata | THE CITY COUNCIL FUNDED, UM, the first priority of that. I will give an update and try to renew the staff's effort on where that is. Thank you. as I spoke to Chair Feller and some of the other things that really matter like the municipal code The parking and circulation work All of that is important as well. And I've asked it, she worked with you all to give me some detail on what that is, what those are, what some anticipated moods are. And then we can put a number on those and then figure out if there's a way to pay for them and bring that forward to the city council. So with that, I'd like to really take a moment and give you a little commercial about the new director, Brandon Phipps, Brandon comes to us from Daly City. He's a University of Southern California Trojan? As a graduate of there. also, you know, a person that worked in the private sector. uh You know. And most importantly, he's from the Bay Area. He grew up in Berkeley. He understands this part of the world. And he obviously working in the San Francisco area. He knows urban and economic and planning and things that Sausalito needs. as it relates to his time in Sausalito. I am hopeful that he will enjoy it. I believe he will be. You know, Commissioner Luxenberg and our Human Resources Consultant, Debra much more felt like he was the right fit and the right person at the right time. So with that, I'd like to turn it over to to Brandon, unless there are questions for me that are specific or aside from Mr. Phipps talking. Chair Feller, you have anything you need from the board? Any of the commissioners? |
| 00:11:39.16 | Andrew Junius | I think the chair has been muted. accidentally or Maria, can you step in here? We were having some technical difficulties, I think. Christina needs to be, and there we go. |
| 00:11:50.10 | Kristina Feller | There we go. First City Manager Zapata, thank you so much and I'd like to echo a huge thanks to Commissioner Luxembourg for all of his time working with you and Director McGowan on this search. But with that, I don't want to delay and I want to hand this straight over to our new director, Director Phipps. Welcome to you. Welcome to Sausalito and welcome to the commission here. |
| 00:12:18.29 | Brandon Phipps | Thank you, Chair Feller, Vice Chair Junius, Planning Commissioners, and thank you very much, City Manager Zapata for the warm welcome. Really appreciate you and the rest of the Sal Salido staff in making me feel welcome in my first week on the job. I am very pleased to be joining the City of Sal Salido team. Look forward to working with you all in assisting and administering City's Planning Commission in the role of Community Development Director. Now, I believe in collaboration. It's part of my philosophy. And to that end, you should have all received an email from me earlier this afternoon regarding a request for a one-on-one meeting. During that meeting, I'd like to just take the opportunity to introduce myself. and learn a little bit about each of your roles as commissioners including a frank discussion of the challenges and opportunities you see as most significant in the city today. Your feedback will be invaluable to me as I get settled into this department and will give me a much needed informed perspective on where we currently stand. And as a quick update in my first week with the city we're already making some strides to improve our departmental capacities, including an active solicitation of current planning staff for the roles of principal planner, associate planner, and assistant planner. And once we fill those positions, which I'm hoping will be in the relative short term, we'll be in a much better position to address some of the challenges that the Community Development Department is facing. In addition. which I'm hoping will be in the relative short term, will be in a much better position to address some of the challenges that the community development department is facing. In addition to growing some new elements of the department, including building a foundation for economic development. So with that said, I'm really excited to get started. Thank you all again for the very warm welcome. And I look forward to working with you as the city's new community development director. Happy to be here. |
| 00:14:19.25 | Kristina Feller | Terrific. Thank you so much, Director Phipps, for being here this evening and for reaching out to each of the commissioners for those one on one meetings. It is quite critical and everybody on this commission has some wonderful experience and very different perspectives that I know will help color your view of what the vision and the plan should be for the department and I would encourage you to solicit input from each of us for your 60, 90, 120 day plan and roll out. They're just some really wonderful professionals that comprises commission and they've got some incredible ideas. So thank you for being here this evening and we're all looking forward to working with you. Great. Since this is communications and meant to be one way communication and not a discussion, we can agendize those discussions for another time if need be. And City Manager Zapata, to your point about the funding Um, We appreciate you being here this evening to report out on that. And we will follow up with you, but we are looking forward to expediting the funding request that we made at the beginning of the year to put these critical pieces and parts in place as tools for the Planning Commission, for the city, and the planning department as we move forward. So thank you for that. Any other questions? communication, one-way communications. We've tried to shorten it this evening because we have a new director here to welcome. Thank you. But if there are no other hands raised or Commissioner Assad, yes. |
| 00:16:10.83 | Nastassya Saad | If it's appropriate, I think just to get on record that Commissioner Graff and I have wrapped up 110 4th Street. We did decide with Interim Director Hortert's assistance on a go forward plan. So we can put that in writing to community development, but that is now finalized in terms of their finish on the wall and color. |
| 00:16:43.62 | Kristina Feller | Excellent. Thank you for that update. And I would ask CDD, Interim director and director, if we could possibly agendize that for our next hearing So, we can understand a little bit more detail of the final outcome of that, knowing that there was an issue there. So would appreciate that being agendized for the next meeting. |
| 00:17:06.10 | Dan | Chair Feller, Yes. Question for Commissioner Saad and Commissioner Graff. Did they I saw the emails that were going back with with the sketches. Did they submit anything more formal that I can put on the agenda? that I can return to the planning commission with. |
| 00:17:24.71 | Nastassya Saad | Commissioner Graff, may I defer to you? There were those drawings. |
| 00:17:29.40 | Richard Graef | Yeah, I think the only thing that Uh, REWARDING. we requested was to just kind of a reminder on the color. because it had been a while since we reviewed the project. So, but we did not Um, yet a color reference. but I'm assuming that it's, basically what they showed us before and that is reflected in the rendering so Um, I'm just trusting that that that color is correct as we understand it. And, I don't know that we need to do anything more. regarding that. |
| 00:18:18.53 | Kristina Feller | So, so if you don't mind my interjecting here, uh, for, for, forgive the point of privilege, but because this is one-way communications and not agendized to be a dialogue, Uh-huh. |
| 00:18:30.04 | Andrew Junius | Aha. |
| 00:18:30.47 | Kristina Feller | Thank you. Could I ask, since both Commissioner Graff, you're a working group, if you could offline coordinate with Dan and Steve CD for that information, what needs to be included in the next agenda. I think that would be better than in a public hearing format here where it's not agendized. Okay? |
| 00:18:56.04 | Richard Graef | Sounds good. |
| 00:18:59.04 | Kristina Feller | Okay, great. And thank you for your work on that. I know it's been difficult to run to ground. So thank you both for doing that. Okay, I think at this time, we're gonna go ahead and open up item five, communications to public comment. To do so, please raise your hand in the Zoom application or press star nine on your cell phone, and I'll call upon you in the order I see you on my screen. And there you'll have three minutes for public comment for speaker. So I'm just looking for raised hands at this time for item number five. Seeing none, I'll go ahead and close public comment and we'll move on to item number six, our public hearing. And Dan, I'll hand this back over to you to get pointed. |
| 00:19:51.19 | Dan | I mean, uh, Chair, fellow members of the commission, this is time for any commissioners to declare any ex parte communications. |
| 00:20:02.53 | Kristina Feller | Commissioner Luxenberg. |
| 00:20:04.01 | Jeffery Luxenberg | No ex parte communications. |
| 00:20:08.69 | Kristina Feller | Thank you, Commissioner Graff. |
| 00:20:11.44 | Richard Graef | No ex parte. communication. |
| 00:20:16.97 | Kristina Feller | Commissioner Saad. |
| 00:20:19.15 | Nastassya Saad | Nothing to declare. |
| 00:20:22.19 | Kristina Feller | Thank you. Vice Chair Junius. Thank you. |
| 00:20:24.50 | Andrew Junius | nothing to declare. |
| 00:20:26.44 | Kristina Feller | Thank you. I do not have anything to declare either. Thank you, Dan. |
| 00:20:30.05 | Dan | All right, thank you. Our first item for public hearing 6A is 212 Woodward Avenue. design review with heightened design review of variance and encroachment agreement Project ID 2022-00049. Magda Gonzalez, contract planner, will present. |
| 00:20:53.89 | Magda Gonzalez | Hi, good evening, Commissioner. Give me a second to share my screen, please. |
| 00:21:03.41 | Magda Gonzalez | Thank you. |
| 00:21:07.44 | Magda Gonzalez | I'm presenting a request for 212 Woodward Avenue. This request was originally brought to you on September 21st. THE REQUEST IS BROUGHT FORTH BY APPLICANT TED BONYU FOR ON BEHALF OF OF OWNERS, LISA YORK, AND Tahoe Bo. The request is for a design review with heightened review permit and encroachment agreement and a variant. I will provide a summary of the request that was brought to you before. The design review permit with height and review includes a 500 square foot concrete parking deck. RESIDENTS REMODEL WHICH WILL INCLUDE WINDOWS AND DOORS, trash enclosure. a new exterior layout. as well as the main entry deck and stairs with railing. An overhang for the existing ADU. as well as a six foot fence, three gates, And |
| 00:22:04.50 | Unknown | Thank you. |
| 00:22:05.41 | Magda Gonzalez | on the north side of the deck and an expanded deck on the rear side of the property. as well as some planters. |
| 00:22:17.24 | Magda Gonzalez | The Encroachment Agreement was originally established in 1984. And it allowed 615 square foot encroachment onto the public right-of-way. which included a 500 square foot detached garage as seen here. and the stairs on the left-hand side. THE NEW ENCROACHMENT REQUEST is for the 500 square foot concrete on the right-hand side, as well as the stairs to the garage THE FENCE THAT I PREVIOUSLY MENTIONED, A BUILDING BENCH BY THE CURSER UP HERE. as well as the relocated NEW GARAGE STORE. Sorry, I lost my cursor. two, um, entry doors right here. and the planter. and the Tasha commercial mentioned here, as well as a 42 inch tall sound SCYTH MOUNTABLE GUARD RAIL. And the total request is for 832 square feet for the new encroachment. |
| 00:23:27.76 | Magda Gonzalez | during the application submittal, the applicant submitted pictures of the six properties within the Woodward Avenue neighborhood. THOSE PROPERTIES HAVE EITHER OBTAINED APPROVAL FOR IT EASEMENT. ENCOURAGEMENT or a variant. I've included pictures here. that were provided by the applicant. as well as the address and details as to how many partings each property has. THE FIRST ONE AT 2.30 WOODWARD HAS SIX VISIBLE PARKING AND YOU CAN SEE THE parking deck as well as 234. AND 238. 240 and 242 as well as the parking deck. 254 has three off-street parking located on in front of the garage. AND 266, 268, also has the privilege of having a parking deck inside of their property. The properties that I previously mentioned and they were shown on the pictures have either as I mentioned before. have obtained... either a variance or ENCOURAGEMENT AGREEMENT. to have those parking decks, I've listed them on here. 230 Woodward has obtained a zoning permit to replace a deck that was existing. I wasn't able to find an original permit for that one, but I did find one for the replacement in 1990. 234 would obtain a building permit to replace the existing parking deck. 238 has obtained an encroachment agreement for a parking deck in 1962. |
| 00:25:17.04 | Magda Gonzalez | 240 and 242 Woodward has also obtained two different ENCOURAGEMENT AGREEMENTS, ONE FOR RAMP TO THE GARAGE AND THE OTHER FOR THE DRIWAY and a parking deck 254 has obtained three encouragement agreements for the driveway access. A FENCE TO BE LOCATED WITHIN THE RIGHT-O-WAY. and a stone wall on the right of way as well. 266 and 268 Woodward. have also obtained a neat encouragement agreement FOR THE WOODEN PARKING DEX. as well as a variance for street parking. THIS REQUEST ALSO INSIDE INCLUDES A VARIANCE THE VARIANCE TO EXCEED THE BUILDING COVERAGE, WHICH IS EXISTING 67%, 67.6%. and they are proposing a 91.5% AND ALSO TO EXCEED THEM PERVIOUS COVERAGE, WHICH EXISTING IS 96% AND THEY ARE PROPOSING percentage. ALTHOUGH THIS CALCULATION MAY SEEM EXCESSIVE. It is because the municipal code requires that all structures, including deck, even the ones located within the right away. are taken into consideration as part of the footage for the actual parcel. |
| 00:26:46.82 | Magda Gonzalez | During the last hearing, WE STAFF RECEIVED COMMENTS FROM A NEIGHBOR indicating that they had concerns for water runoff. And they are the designer and the to take that into consideration with their design. THE DEPARTMENT OF PUBLIC WORKS REVIEWED THE PROPOSAL AND DIDN'T HAVE ANY SPECIFIC CONCERNS. BUT THEY DID ADD AN ADDITIONAL CONDITION OF APPROVAL INDICATING that the earthen swale, as you see here on the back, my cursor's moving around it. cannot be located closer than 10 feet within the property line. That way it will prevent any possible on water on us. |
| 00:27:33.22 | Magda Gonzalez | The color schemes were presented to you before as well. I believe you seem to like them as well as Uh. for the illuminated address and the vertical stained wood fence. All of them are going to match the existing residents, and that's going to change. |
| 00:27:54.98 | Magda Gonzalez | So the project is exempt from the California Environmental Quality Act. SUBJECT TO SECTION ONE E, additions to assisting structures and section 15303E, construction of accessory mall structure. |
| 00:28:13.76 | Magda Gonzalez | The project makes the findings for all of their requests, the design review. with height and review the encroachment agreement and the variance. The project is consistent with the neighborhood. As you saw in the pictures provided, there are six other properties within Woodward. that enjoy. either parking deck or variance that allows them to exceed the building coverage or the impervious surface. The project will not affect any protected trees. They're not proposing to change any modifications or not expanding the actual square footage of the building. THE PROPOSED EXPANSION OF THE PARKING DECK ON THE REAR WOULD ONLY BE 81 SQUARE FEET, WHICH impact any trees or any setbacks. I believe staff has addressed all the comments that WERE BROUGHT FORTH LAST MEETING AND HAVE PROVIDED STANDARD CONDITIONS OF APPROVAL FROM THE FIRE DEPARTMENT AS WELL AS THE DEPARTMENT OF PUBLIC WORK They have addressed. We have addressed the drainage concerns that were previously mentioned. Um, we've. revise the calculation from the coachman agreement AND PROVIDE AN EXPLANATION FOR THE IMPERVIOUS. SUFFICED AGREEMENT. That being said, staff recommends that the planning commission adopt a resolution to approve the design review permit with height and review. the encroachment agreement and the variance for the project as proposed. SUBJECT TO CONDITION OF APPROVAL. ALTERNATELY, THE PLANNING COMMISSION MAY CONTINUE THE HEARING FOR ADDITIONAL INFORMATION. and or project revisions or direct staff to prepare a resolution for denial. STATING THE SPECIFIC REASONS. any or one of the more one more. anyone or more of the findings cannot be made. THAT CONCLUDES MY PRESENTATION. Ted Van You is on the call and is available for questions as well. |
| 00:30:12.74 | Kristina Feller | Thank you very much Magda. Thank you for your thorough report here. That is most appreciated. This would be the time for the commissioners to ask staff any questions for clarification before we move to the applicant's presentation. Thank you. Commissioner Saad, do you want to start us off? |
| 00:30:32.15 | Nastassya Saad | I do, but I don't have any questions for staff. Thank you, Chair Feller. Thank you. Commissioner Luxenberg? |
| 00:30:38.09 | Jeffery Luxenberg | Thank you Chair Fallon. I do have a few questions So as required at the last meeting, you were going to talk with Public Works and Marin Fire. Who did you talk with at Marin Fire? |
| 00:30:52.21 | Magda Gonzalez | McKenna Romero, Romero. |
| 00:30:54.07 | Jeffery Luxenberg | Right. And with regard to the 10 feet in the condition that you're now suggesting being added, does that require a change in the drawing? Does that- |
| 00:31:07.05 | Magda Gonzalez | It would, but it would be. I'm sorry, yes. They stated that a building, when they submit the building plans, they can make that modification. |
| 00:31:16.77 | Jeffery Luxenberg | Okay, and the revised suggested change, did you post that revised resolution online? |
| 00:31:28.29 | Magda Gonzalez | Yes, it was updated today. |
| 00:31:30.34 | Jeffery Luxenberg | Okay, because when you go into the agenda right now, it shows an error, it says a reject, that there's nothing there when you try to look at that. I realize we got it directly by email, THE WEBSITE IS NOT POSTED |
| 00:31:46.28 | Dan | it. Chair Feller, Commissioner Luxembourg, where are you looking at right now? |
| 00:31:51.28 | Jeffery Luxenberg | Yeah. So I've refreshed the agenda And I did it before we got on, if it hasn't been changed. And then you go to draft resolutions. OK, it's working now. the start of this meeting. |
| 00:32:09.94 | Dan | Yeah, it's been up there since this afternoon, since before I sent it to you guys. |
| 00:32:15.64 | Jeffery Luxenberg | Okay, it was showing a reject earlier this evening. Magna, have you had a chance, as you know, the four-leaf contract requires you to visit any site that, before you, as you prepare a staff report, have you an opportunity to visit this site? |
| 00:32:38.85 | Magda Gonzalez | Yes, sir, I will say on the 27th. |
| 00:32:41.26 | Jeffery Luxenberg | 27th, okay, thank you. Last meeting we talked about having an additional condition that said that any changes in the proposed design shall come back to the Planning Commission and they're not handled ministerially. Has that been added to this resolution that you said was posted this afternoon? And if not, can we add that to condition number two? |
| 00:32:42.19 | Magda Gonzalez | Thank you. |
| 00:33:09.00 | Dan | Yes, we can add it is condition number two. |
| 00:33:11.26 | Jeffery Luxenberg | You want to see? it would be not, it would be the wording for condition two would stay, and this would be an additional wording to be added to number two. |
| 00:33:26.32 | Jeffery Luxenberg | And then you said that the numbers that are in the meeting notes are not correct, could you repeat the numbers for the. new encroachment, existing encroachment in the total. |
| 00:33:33.88 | Unknown | Thank you. |
| 00:33:34.03 | Magda Gonzalez | Thank you. |
| 00:33:38.84 | Magda Gonzalez | Those numbers have been updated on the resolution and the staff report. |
| 00:33:42.87 | Jeffery Luxenberg | and where in the staff report are those? |
| 00:33:47.49 | Magda Gonzalez | They would be, give me just a second, let me. |
| 00:34:12.00 | Magda Gonzalez | Let me share my screen, give me just a second. |
| 00:34:22.73 | Unknown | you |
| 00:34:25.13 | Magda Gonzalez | The encroachment numbers have been updated here. Um, |
| 00:34:32.84 | Jeffery Luxenberg | So if I understand this correctly, |
| 00:34:33.26 | Magda Gonzalez | I understand this correctly. I apologize. I switched. |
| 00:34:41.22 | Magda Gonzalez | Yeah, they should be switched around. ENCOURACEMENT IS 615, THE PROPOSED IS 832. |
| 00:34:49.27 | Jeffery Luxenberg | Yeah, sometimes I was confused, because the meeting notes reflect what you're showing on the screen right now. That was different than what you said in the presentation. |
| 00:34:58.88 | Magda Gonzalez | Yeah, I will correct that. I apologize. |
| 00:35:00.60 | Jeffery Luxenberg | Thank you. Chair Feller, those are the questions I have at this time. Thank you. |
| 00:35:05.95 | Kristina Feller | Thank you very much. Commissioner Graff. |
| 00:35:10.22 | Richard Graef | Um, no questions. Uh, what the ones I had have been answered. Thank you. |
| 00:35:16.90 | Kristina Feller | Vice Chair Junius. No questions. |
| 00:35:19.24 | Andrew Junius | Thank you. |
| 00:35:19.33 | Kristina Feller | Thank you. |
| 00:35:19.34 | Andrew Junius | Thank you. |
| 00:35:21.22 | Kristina Feller | Okay. Magda, let's go ahead and stop sharing there for just a moment. I just wanted to go back and clarify the the dates on the drawings and and one of the reasons that we we try to get these or we must get these accurate is so that there is an actual record of what it is we're approving. And so we don't that doesn't wreak havoc on the applicant or Community Development Department later on. So you have reference to Um, to an August 1st date in the draft resolution attachment three, but none of those drawings appear to have a date on them. And then when I go to the attachment to in on the agenda, which are the project plans. Most of those drawings have a March 22nd date and not an August 1st date. I think only the cover sheet has an August 1st date. And I just want to be absolutely clear that here at the commission, but also, you know, for the benefit of the applicant, exactly what it is we're being asked to approve. So can you kind of help us understand the dates that you're referring to and which drawings? |
| 00:36:44.45 | Magda Gonzalez | Yeah, the date of August is the most recent plan. The other sheets just weren't modified That's why they retained that date. But the first date on the cover sheet is the most updated data on the plan. |
| 00:37:03.51 | Kristina Feller | Okay, so the drawings that are in what you're referring to, it's under attachment one, draft resolution, right? And then in that draft resolution, there's an attachment |
| 00:37:14.16 | Unknown | international |
| 00:37:14.72 | Kristina Feller | me that also has a bunch of drawings. And, you know, I don't have, I did not have the time, nor do I have probably the proper computer tools to sit there and compare drawings that are in attachment one versus attachment two. So because they have no date on them, I just wanna make sure that we're actually looking at the same drawing that's in the set. |
| 00:37:42.26 | Magda Gonzalez | Yes, it would be the same one. The one dated August 1st, the first page shows So original submittal date of March 22nd. And then under the revision, it shows a new update of August 1st. Right. Thank you. |
| 00:37:59.74 | Kristina Feller | And my point is that |
| 00:37:59.76 | Magda Gonzalez | Yeah. |
| 00:38:02.17 | Kristina Feller | what you're calling attachment to the 212 Woodward project plans I understand all those dates because those drawings are actually dated. If you go into under the staff report attachment one, the draft resolution, there's a whole bunch of resolutions in there. And then there are additional drawings. And those drawings do not have dates on them, but they're called demo plans and things like that. I just wanna make sure that the project plans and what is in attachment three are actually the same thing. Have you confirmed that? |
| 00:38:40.31 | Magda Gonzalez | Let me see the attachment that's included on here. |
| 00:38:47.38 | Kristina Feller | I just want to make sure this is crystal clear as we go forward and they're not different plans. |
| 00:38:58.01 | Magda Gonzalez | No, they are the same plans. I'm looking at them now and they're the perfect plan. |
| 00:39:02.16 | Kristina Feller | Okay, are we able as part of any approval to make sure that their actual dates on the draft resolution attachment three. Those need to be dated because you're referring to dates, but there are no dates on those drawings. So they are, we don't know if they're the same or different than the project plans. So can we, can you go through that and make sure that those are The same Yeah, I can do that. Okay. And I'm. |
| 00:39:31.47 | Jeffery Luxenberg | And I was- Chair Keller, point of information? Hold on. |
| 00:39:35.00 | Kristina Feller | Hold on. Hold on, excuse me. I'm assuming that |
| 00:39:37.30 | Unknown | Thank you. |
| 00:39:40.30 | Kristina Feller | the attachment to 212 Woodward project plans take precedent over anything else. Is that correct? practice. Bye. Yeah, Commissioner Luxenberg. |
| 00:39:53.23 | Jeffery Luxenberg | Point of information, sorry to interrupt, Chair Keller. |
| 00:39:56.11 | Kristina Feller | No, it's okay. |
| 00:39:56.80 | Jeffery Luxenberg | I believe that In this section, attachment three, we're supposed to put the actual plans. We're not supposed to put a picture of part of the plans. I think we should replace these plans, not add dates to these plans. I think we should replace these with the actual plans. And then condition number two, where we're adding language, we should list all the dates. We should list the drawing number and the date of the drawings just so we have a complete set of those. But these are not, I always understood attachment three was the plans that are submitted and posted online. So these were not them. So I think we should not add dates to these. I think we should just put the actual plans in there more detail. |
| 00:40:44.93 | Magda Gonzalez | Okay, I will remove those graphics and add the actual attachment of the plan. |
| 00:40:50.13 | Jeffery Luxenberg | Thank you. |
| 00:40:50.43 | Magda Gonzalez | Thank you. |
| 00:40:51.26 | Kristina Feller | Yeah, that's a good suggestion. Thank you, Commissioner Luxenberg. Okay, those were the Those were the questions that I had. Just by a show of hands, are there any other questions for staff at this time for clarification before we... invite the applicant up for their presentation. Okay seeing none let's go ahead and ask the applicant I believe That's Mr. Ted Bono, if I'm pronouncing your name correctly. Forgive me if I'm not. If you are presenting this evening on behalf of the applicant welcome this evening I think you are co hosted so you should be able to. unmute yourself and share your camera. |
| 00:41:37.94 | Ted Bono | All right, there we go. Can everyone hear us? |
| 00:41:38.53 | Kristina Feller | There we go. We can hear you. You'll have 15 minutes to make any presentation you'd like to make. happen to ask you questions or interrupt with questions that will not count against your time. So I'll hand this over to you and welcome you this evening. |
| 00:41:55.62 | Ted Bono | Thank you very much. I don't have a new presentation prepared. I did want to address the question from Commissioner Luxembourg about the fire comment, and I just wanted to make sure that everyone is aware that that was addressed. Can you see my screen? |
| 00:42:18.66 | Kristina Feller | We can, yes. |
| 00:42:19.65 | Ted Bono | Yes. |
| 00:42:20.06 | Kristina Feller | Thank you. |
| 00:42:22.01 | Ted Bono | So. |
| 00:42:22.45 | Kristina Feller | Bye. |
| 00:42:22.54 | Ted Bono | So, Delta number one on August 1st, we responded to an incompleteness comment from the fire marshal and we added the requirement for 11 foot minimum clearance on the site plan at all times. So I just wanted to make sure that everyone knew that we had addressed that. And then I have a list of drawings and the dates that are current, and I'm not sure that would be helpful. But let me know if you'd like me to list those out for you. Otherwise we're available to answer any questions. |
| 00:43:04.79 | Kristina Feller | Okay, thank you, sir. Let's... Let's go ahead and stop the clock at 1351. And just in case you would like additional time for any concluding remarks. But this is really the time for commissioners to ask the applicant any questions for clarification. Commissioner Graff, do you want to start us off? |
| 00:43:27.24 | Richard Graef | Thank you, Chair Feller. Yeah, there was... some discussion on the issue about the the swale and the drainage and runoff at the back of the property. Um, if somebody I'm, I'm not sure I totally understand that. system there so if I could get a refresher on that I can understand what exactly is being proposed. That would be helpful. Thank you. |
| 00:44:00.45 | Ted Bono | I could address that if you'd like. Yeah, please. Can I share my screen again? |
| 00:44:07.14 | Kristina Feller | Absolutely. Thank you. |
| 00:44:08.78 | Ted Bono | Okay. |
| 00:44:12.82 | Ted Bono | So it's funny, I actually just heard about this comment today, but as it turns out, Public Works was in conversation with our civil engineer. and our civil engineer. has no concerns about making or addressing the condition of approval, but Basically, what's happening is the new impervious surface, which is this concrete parking deck, the water is collected in a drain and then runs through a hard pipe. around the side of the building and to a new bio retention planter that is on the downhill side of the house. The water will collect there and will stay there. you know, controlling any, anything from any additional water from running onto the neighbors. Just as an overflow mechanism, there is a, an overflow, which shouldn't come into play, but terminates in this surface bubbler. And the comment was that the surface bubbler should be 10 feet away from the property line. So I'm assuming they'll get that up in this area here instead of over here. And so let me know if you have any more questions about drainage. |
| 00:45:46.72 | Richard Graef | No, thank you very much. Thank you. |
| 00:45:49.27 | Ted Bono | Thank you. |
| 00:45:49.32 | Richard Graef | Thank you. |
| 00:45:49.37 | Ted Bono | Welcome. |
| 00:45:49.68 | Richard Graef | Thank you. |
| 00:45:52.21 | Kristina Feller | Any other questions for the applicant, Commissioner Grass? |
| 00:45:56.48 | Richard Graef | None. Thanks. |
| 00:45:59.51 | Kristina Feller | Thank you. Commissioner Saad. |
| 00:46:03.38 | Nastassya Saad | I was curious about drainage as well. Can I just ask as a follow-up, has that been communicated with the... neighbor, um, I believe at Let me see her address. is the neighbor aware of, this drainage plan, I think 512 Olive Street, she's below. Have you guys had a chance to talk to the neighbors about about this. |
| 00:46:31.90 | Magda Gonzalez | Thank you. I did follow up with her email, but she never replied. Thank you. |
| 00:46:39.70 | Ted Bono | I don't know if I could point out one thing as I as I understand that the neighbor who had a question about drainage is this one over here. Oh, this one. This one right here. And so, you know, |
| 00:46:40.03 | Nastassya Saad | Thank you. |
| 00:46:40.13 | Magda Gonzalez | Absolutely. |
| 00:46:40.34 | Nastassya Saad | Thank you. |
| 00:46:51.95 | Unknown | next one down. Oh, this is... Yes. |
| 00:46:58.73 | Ted Bono | Thank you. I believe the elevation is higher than your rear yard. Yeah. their rear yard elevation is actually a little bit raised from over here. So I don't think the bubbler would have any effect on their property. |
| 00:47:13.92 | Nastassya Saad | And that from looking at the drawings, it's quite tiny. I can't see, but that's more than that 10 feet that you just mentioned as well. Away. |
| 00:47:22.86 | Ted Bono | Yeah, I know for a fact that this setback is five feet right here. So if we use that for reference, you know, if this is their property corner right here, we'll be more than 10 feet away. I do see an elevation here. It looks like this is at 478 and It looks like the lowest portion of their property is right here at 478 as well. |
| 00:47:51.89 | Nastassya Saad | Okay, yes, I can see that. Thank you. That was the only question I had also on drainage. Thank you, Chair Feller. |
| 00:47:54.74 | Ted Bono | That was the only question. |
| 00:47:58.94 | Kristina Feller | Thank you. Commissioner Luxenberg. |
| 00:48:01.47 | Jeffery Luxenberg | I think it's your fellow. I just want to confirm that You, uh, you, the way you just showed, there's a triangle there. You can make 10 feet on both sides. When you, when you move that bubbler, uh, to be 10 feet off one side, it'll still be 10 feet off the other side. |
| 00:48:20.93 | Ted Bono | You know, it's funny. So I emailed our civil engineer today to say, is this going to be all right? And they said, yep, no problem. So I'm taking their word for it. If I draw a If I extend a line here at five feet and then I kind of eyeball that in the other direction. And then we double that. I think we'll be getting right into this zone right here. Thank you. |
| 00:48:51.32 | Jeffery Luxenberg | Okay, I thought I looked at from my eye, you'd have to move it closer to the house. So as long as you're feeling, you can physically do what they're asking you to do. |
| 00:49:00.52 | Ted Bono | I'm taking the word of the civil engineer, but I think it's feasible. Okay. |
| 00:49:05.14 | Jeffery Luxenberg | Thank you very much. That's all I have to. |
| 00:49:07.16 | Andrew Junius | Thank you. |
| 00:49:08.09 | Kristina Feller | Great, thank you. Vice Chair Junius. |
| 00:49:10.69 | Andrew Junius | No questions for the sponsor. Thank you. |
| 00:49:12.77 | Kristina Feller | Great, thank you. I do not have any questions for the applicant at this time either. So just very quickly, only by a show of hands do any other commissioners have any other questions for the applicant at this time before we move into public comments. Okay, seeing none, let's go ahead and open this up for public comment. To do so, you can raise your hand in the Zoom application or press star nine on your cell phone. We'll have three minutes per speaker. And I'm just looking for any raised hands from the audience at this time. |
| 00:49:52.19 | Kristina Feller | I am not seeing any raised hands so I'll go ahead and close public comment. And bring it back up to our virtual diocese for any further discussion. And before I do that, I just want to offer to the applicant any final comments or any final thoughts. You are more than welcome to do so. You had some time left. |
| 00:50:11.83 | Ted Bono | I think we're okay. Thanks for the offer, though. Appreciate it. |
| 00:50:15.47 | Kristina Feller | Thank you. Thank you for being here again this evening. Of course. Okay, Commissaries, let's go ahead and start the discussion here. Commissioner Luxenberg, do you want to start us off? |
| 00:50:18.04 | Ted Bono | Of course. |
| 00:50:25.47 | Jeffery Luxenberg | Yes, I think I'm comfortable with this when at the appropriate time, I think I'd like to make a motion that would, using the revised resolution that came this afternoon, and amending condition to list out each of the drawings and the dates of each of the drawings and the statement, the following statement, any changes to the proposed design shall come back to the planning commission and are not handled ministerially. And so those are, I think with that, I can support the project. Chair Collin, thank you. |
| 00:51:01.43 | Kristina Feller | Thank you very much Commissioner Saad. |
| 00:51:06.22 | Nastassya Saad | I'd support everything Commissioner Luxembourg just said. I don't have any further questions. I think staff and the applicant have addressed everything from our last session. be happy to support with those amendments. |
| 00:51:18.01 | Kristina Feller | Thank you. Thank you. Commissioner Graff. |
| 00:51:21.39 | Richard Graef | Yes, thank you. I think everything has been addressed that I can see and so I can make the findings and support the project as as uh Um, |
| 00:51:37.18 | Kristina Feller | Thank you. |
| 00:51:37.61 | Richard Graef | as described by Commissioner Luxenbar. |
| 00:51:41.50 | Andrew Junius | Thank you. |
| 00:51:42.31 | Kristina Feller | Great, thank you. Vice Chair Junius. |
| 00:51:45.47 | Andrew Junius | Yeah, I'm ready to vote. Looks good to me. |
| 00:51:47.78 | Kristina Feller | Okay. I would concur with that. I just before we go ahead and take a vote, I want to make sure and I'm going to ask Sergio here to make sure he is he is hearing the amendments to the resolution as we've stated them and also Dan. those changes as well. Just to recap what Commissioner Luxenberg has summarized, it would include the amendment that was posted today that had Department of Public Works additional condition, I believe it was number 20, if I recall correctly. And that condition number two be amended to include His wording mentioning that any changes to these approved plans must come back to the planning commission not be handled ministerially, as well as listing out the drawing numbers and the actual plans in the drawing set rather than separate portions attached to the draft resolution attachment three. So with those three amendments, I want to make sure that we've made note of those. So with respect to the... |
| 00:53:04.92 | Sergio | So with respect to the plans, the condition number two says the plan shall be designed and constructed as shown in the set of plans date stamped August 1st, 2022 sheet A0.1. has that date stamping. So I don't think there's any likelihood for confusion on which set of plans the commission's approving. So, you know, and I, you know, obviously the commission is going to be voting on the latest version of the resolution which was circulated, I believe added to the agenda by Dan. |
| 00:53:18.08 | Unknown | And, |
| 00:53:39.12 | Sergio | Write down. This was added to the agenda. |
| 00:53:41.01 | Dan | Yeah. |
| 00:53:42.82 | Sergio | material. Sorry. |
| 00:53:43.17 | Dan | It was amended to add DPWs. Okay. |
| 00:53:48.15 | Sergio | Thank you. Condition number 20 relating to the point of discharge in the bubbler. |
| 00:53:50.04 | Dan | Yes. |
| 00:53:50.50 | Chris Zapata | Thank you. Yes. |
| 00:53:52.66 | Sergio | AND THEN I THINK THE ONLY additional condition that sounds like is not in the resolution that the commission wants is a condition of approval requiring that any modifications to the project design be BEFORE THE PLANNING COMMISSION. I think what we would, what I would suggest is for condition approval number two, requiring that the project be designed and constructed as shown as the set of plans date stamped August 1st, 2022, add a second sentence that says any modification of the plans shall require planning commission approval. So that would be my only suggestive revision to the resolution if the commission would like to vote on that. Unless I'm I'm missing something from the discussion, but |
| 00:54:36.40 | Kristina Feller | I don't think you're... No, it's helpful, Sergio, and I thank you for that. The only confusion was that there were different or different marked drawings in attachment one draft resolution, attachment three to that draft resolution. And we're just trying to get rid of those and make it all the same set. So I think we're saying the same. |
| 00:54:57.32 | Sergio | And attachment three shall be replaced by the actual approved plans. Yeah. |
| 00:55:00.86 | Kristina Feller | Yeah. Yeah. So I think, I think we're saying the same thing. And I think, um, I, and I appreciate the fresh set of eyes and ears to that, to make sure that this draft resolution is, um, executed properly and correctly. So thank you for that. Just by a show of hands, commissioners, do you have any other additional comments to the draft resolutions as described by Sergio, by our city attorney? No. Okay. All right, well, with that, then I'll entertain a motion to approve and a second. |
| 00:55:35.78 | Jeffery Luxenberg | So moved as Sergio was explaining with replacement of that attachment three with um changing wording to number two and the addition of the using the resolution it was today with the new number 20. So, so moved as Sergio described. |
| 00:55:52.40 | Unknown | No. |
| 00:55:57.97 | Kristina Feller | Okay. |
| 00:55:58.29 | Jeffery Luxenberg | back on. |
| 00:55:59.52 | Kristina Feller | Thank you. Dan, could you please take the roll call? |
| 00:56:05.56 | Kristina Feller | Uh, No, you're not on mute. Can you take the roll call? |
| 00:56:11.49 | Dan | I did in my, can you not hear me? We can do this. |
| 00:56:13.65 | Kristina Feller | We do. |
| 00:56:14.80 | Dan | Oh. I finally did it without being unmuted. Commissioner Saad. Commissioner Graff. |
| 00:56:23.57 | Jeffery Luxenberg | Yeah. |
| 00:56:24.31 | Dan | Commissioner Luxenberg. |
| 00:56:25.61 | Jeffery Luxenberg | Yeah. |
| 00:56:26.37 | Dan | Vice Chair Junius. Yes. Sure, so. |
| 00:56:29.53 | Kristina Feller | Thank you. |
| 00:56:29.54 | Dan | you |
| 00:56:29.58 | Kristina Feller | Yes. |
| 00:56:30.40 | Dan | Motion carries. |
| 00:56:31.59 | Kristina Feller | Great. Thank you. And thank you to the applicant for your patience. Thank you very much. Magda, thank you. I think that that... concludes item 6a this evening. On to item number seven, which is adjournment. So I would like to make a motion to adjourn. Everybody in favor? |
| 00:56:52.27 | Andrew Junius | Bye. |
| 00:56:52.81 | Kristina Feller | Bye. Thank you, everybody. Thank you. And welcome, welcome, Director Phipps. Thank you. |
| 00:56:59.72 | Andrew Junius | Thank you. |
| 00:56:59.73 | Jeffery Luxenberg | Welcome, Brandon. |
| 00:57:01.55 | Kristina Feller | Bye, babe. See you. Thank you. |
| 00:57:01.57 | Jeffery Luxenberg | Bye, everybody. See you. Thank you. Bye, guys. |
| 00:57:03.02 | Nastassya Saad | Bye guys. |
| 00:57:03.18 | Kristina Feller | Bye. |
| 00:57:04.81 | Jeffery Luxenberg | night. No. |