| Time | Speaker | Text |
|---|---|---|
| 00:00:00.40 | Maria | the time. There we go. |
| 00:00:03.85 | Kristina Feller | Okay, I'm ready. |
| 00:00:07.83 | Kristina Feller | Good evening, Maria. |
| 00:00:11.08 | Maria | Good evening, Chair Feller. |
| 00:00:12.67 | Kristina Feller | Thank you. |
| 00:00:12.70 | Maria | How are you? |
| 00:00:13.48 | Kristina Feller | Thank you. |
| 00:00:13.55 | Maria | How are you guys? Good. Happy New Year to you. Happy New Year to you guys. Tomorrow's meeting should be fun. Bye, guys. |
| 00:00:24.14 | Andrew Junius | Hello, Christina, Jeffrey. |
| 00:00:24.28 | Kristina Feller | I know. Bye. |
| 00:00:27.03 | Kristina Feller | Bye. |
| 00:00:27.23 | Nastassya Saad | Happy New Year, you guys. |
| 00:00:27.54 | Kristina Feller | Happy New Year. |
| 00:00:29.26 | Andrew Junius | Happy New Year. |
| 00:00:29.48 | Nastassya Saad | you |
| 00:00:29.61 | Kristina Feller | Happy New Year. |
| 00:00:29.93 | Kristina Feller | you. Yeah. |
| 00:00:30.49 | Kristina Feller | It's bright. Good to see everybody. |
| 00:00:32.23 | Andrew Junius | to see everybody. |
| 00:00:32.73 | Director Phipps | Thank you. Yeah, happy to see everybody. Are you back, Christina? |
| 00:00:36.75 | Kristina Feller | I'm back. Yeah, I got back yesterday. |
| 00:00:40.04 | Director Phipps | Yeah, she's just hanging out at the harbor, can't you tell? |
| 00:00:40.11 | Andrew Junius | Bye. |
| 00:00:40.19 | Kristina Feller | Yes. |
| 00:00:40.58 | Andrew Junius | Thank you. |
| 00:00:43.77 | Kristina Feller | No. |
| 00:00:44.50 | Andrew Junius | Beautiful sunny day. You missed all the rain, Christina. |
| 00:00:48.01 | Kristina Feller | Thank you. |
| 00:00:51.45 | Kristina Feller | I wish it were sunny. Mm-hmm. But we need the rain. |
| 00:00:57.90 | Director Phipps | We do, although now we have the water supply issue and now with the oversupply, we have a water storage issue. |
| 00:01:05.47 | Kristina Feller | Thank you. |
| 00:01:05.49 | Kristina Feller | Yes, we do. |
| 00:01:06.48 | Kristina Feller | Thank you. |
| 00:01:06.67 | Director Phipps | put it. |
| 00:01:07.04 | Kristina Feller | Yeah. Yes, we do. |
| 00:01:14.30 | Kristina Feller | I'm sure it's kept you and Kevin McGowan busy though, Brandon. |
| 00:01:19.68 | Director Phipps | More Kevin than myself. Yeah, I won't claim too much credit for water related stuff. |
| 00:01:19.70 | Kristina Feller | Bye. |
| 00:01:19.88 | Kristina Feller | more Kevin than myself. |
| 00:01:26.82 | Director Phipps | Thank you. Some, not all. |
| 00:01:29.48 | Kristina Feller | but |
| 00:01:44.88 | Kristina Feller | I should be zooming in this one. Okay. Yeah, I blocked her out. |
| 00:01:54.12 | Kristina Feller | Well, hi, Sergio. Happy New Year. |
| 00:01:55.03 | Kristina Feller | What is Richard? Hi. |
| 00:01:59.69 | Magda Gonzalez | Happy New Year. |
| 00:02:01.43 | Sergio Rudin | Hi folks, Happy New Year. |
| 00:02:04.67 | Kristina Feller | Yeah, we're just waiting for Richard. Let's give him a minute. |
| 00:02:10.10 | Maria | Sheriff, I know that I've been communicating with him. He said he might not be joining. He's feeling really under the weather today. |
| 00:02:16.31 | Kristina Feller | Oh, no. Oh, OK. |
| 00:02:19.20 | Maria | I don't know if you want to text him and see if he's going to join us tonight. |
| 00:02:22.79 | Kristina Feller | Yeah, I'll just text him real quick. I didn't realize he was under the weather. Thank you for letting me know. |
| 00:02:36.06 | Director Phipps | Yeah, Maria, thank you for making sure that you got the hard copy packet. |
| 00:02:45.32 | Nastassya Saad | Are those available? |
| 00:02:48.12 | Maria | No, we are not. |
| 00:02:50.97 | Nastassya Saad | Oh, yeah. You know, I love paper. |
| 00:02:51.31 | Maria | Yeah. |
| 00:02:53.89 | Nastassya Saad | Yeah. |
| 00:02:53.98 | Director Phipps | commissioner thought i was i was gonna say the youngest |
| 00:02:54.40 | Nastassya Saad | Commissioner |
| 00:02:54.96 | Kristina Feller | Yeah. |
| 00:02:54.97 | Nastassya Saad | I was going to The youngest person I hate online. I want paper. |
| 00:03:00.51 | Director Phipps | Yeah, I was going to say, at Commissioner request, we're willing to support that. And I feel your love for the hardcover. |
| 00:03:08.78 | Nastassya Saad | Okay, good to know it's an option. Thank you. you |
| 00:03:15.12 | Kristina Feller | All right, I just texted Richard |
| 00:03:22.29 | Kristina Feller | Let's see. So we just have a couple people in the waiting room, right? |
| 00:03:30.75 | Maria | seems to be only like five. |
| 00:03:31.24 | Kristina Feller | like five. Thank you. Okay. While we're waiting, Maria, were you able to co-host everybody here? Yes. Okay, great. So we've got that dealt with. That's good. And are you ready otherwise? |
| 00:03:52.13 | Maria | Yes. |
| 00:03:52.75 | Kristina Feller | Okay. I'm not seeing Richard responding here. |
| 00:04:02.86 | Kristina Feller | Let's just give it one more minute and then I think we should go ahead. Just give them the benefit of the doubt here. Is everybody else ready? All right. |
| 00:04:20.92 | Kristina Feller | Thank you. |
| 00:04:20.97 | Nastassya Saad | Thank you. |
| 00:04:28.33 | Kristina Feller | any. |
| 00:04:35.26 | Kristina Feller | So I'm not getting any response from him. It doesn't even show that he's read the text. So maybe... Maria, when did you talk to him? |
| 00:04:44.22 | Maria | I didn't talk to him. We actually emailed this afternoon. Okay. But he might not be joining. |
| 00:04:53.25 | Director Phipps | Yeah, I saw that email, Chair Feller. He did express within that email that he was feeling a little bit under the weather. So yeah, I think that we can Oh, wait. CONFIDENTLY ASSUME THAT THAT'S WHY HE IS NOT PRESENT. |
| 00:05:08.42 | Kristina Feller | Okay, all right, then if it's all right with everybody else, I think we can probably go ahead. All right. Record. |
| 00:05:16.29 | Nastassya Saad | Recording in progress. |
| 00:05:25.60 | Jonathan Moe | one more screen over there. |
| 00:05:27.39 | Maria | Thank you. |
| 00:05:27.86 | Kristina Feller | Thank you. |
| 00:05:30.48 | Maria | Chair Feller, all the public is in. |
| 00:05:33.19 | Kristina Feller | Terrific. Thank you so much, Maria. And a very happy new year to everybody. Welcome this evening to a special planning commission meeting for Wednesday, January 11th. Director Phipps, if I could hand this over to you to orientate the public and to take roll call. |
| 00:05:50.42 | Director Phipps | Certainly. Thank you, Chair Feller, and good evening, Chair Feller and Planning Commissioners and attendees. This special meeting is being held pursuant to Government Code Section 54953, Subsection E, and in light of the declared state of emergency, the special meeting of the Planning Commission on January 11, 2023 will be conducted telephonically through Zoom and broadcast live on the City's website. With that, I will move to call. Commissioner Saad. |
| 00:06:19.52 | Nastassya Saad | Commissioner, patients. Here? |
| 00:06:23.92 | Director Phipps | Commissioner Greff, noting is not present. Commissioner Luxenberg. Commissioner Luxenberg. Vice Chair Junius. President. And Chairfeller. |
| 00:06:38.38 | Kristina Feller | here. |
| 00:06:40.09 | Director Phipps | Okay, let it be shown on the record that Commissioner Graff is not present. All other planning commissioners are present. |
| 00:06:47.41 | Kristina Feller | Great, thank you so much, Director Phipps. We have a quorum. Moving on to item number two is the approval of the agenda this evening. I just by a show of hands, do I have any comments on the agenda this evening? If you would indulge a A COMMENT OR RECOMMENDATION BY ME. TYPICALLY WE HAVE COMMUNICATIONS JUST AFTER THE PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA. IT'S CURRENTLY ITEM 7. Would my fellow commissioners entertain moving that up in the agenda after approval of Planning Commission meeting minutes? So between four and five. |
| 00:07:35.01 | Kristina Feller | Commissioner Saad, |
| 00:07:37.01 | Nastassya Saad | Thank you. |
| 00:07:37.02 | Kristina Feller | Absolutely, I would support that. Commissioner Luxenberg? |
| 00:07:41.61 | Jeffery Luxenberg | Yes. |
| 00:07:42.64 | Kristina Feller | Vice Chair Junius. |
| 00:07:44.19 | Jeffery Luxenberg | Yes. |
| 00:07:45.31 | Kristina Feller | Okay, great. So if we could make that amendment, Director Phipps, let's move item seven, communications, up between currently what's identified as item four, approval of the Planning Commission meeting minutes, and item five, new business. With that, if you could take roll call. |
| 00:08:09.47 | Director Phipps | Thank you, Chair Feller. Commissioner San. |
| 00:08:12.78 | Kristina Feller | you |
| 00:08:12.80 | Nastassya Saad | Yes. |
| 00:08:14.62 | Director Phipps | Commissioner Luxenberg. |
| 00:08:15.85 | Nastassya Saad | Yes. |
| 00:08:17.37 | Director Phipps | Vice Chair Juniors. just, Chair Feller. |
| 00:08:20.78 | Kristina Feller | Yes. |
| 00:08:22.75 | Director Phipps | Motion carries. |
| 00:08:23.90 | Kristina Feller | Great, thank you very much. Moving on to item number three, this is a public comments for items not on the agenda. and Director Phipps, if you could provide some direction to the public on how they can raise their hand in the Zoom application or by phone. |
| 00:08:38.97 | Director Phipps | Certainly, Chair Keller. This is the 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, the agendas, 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 application and you will be called upon when it is your time to speak. So raise your hand from a phone, press star nine. Each speaker will be notified when the time has elapsed. |
| 00:09:23.64 | Kristina Feller | Thank you, Director Phipps. I see one hand in the audience at this time. I will call on members of the public as I see you on my screen. It might be a little different from yours. But our first speaker this evening is Sandra Bushmaker. Welcome, Sandra. |
| 00:09:40.70 | Sandra Bushmaker | Good evening, Chair Feller and Planning Commissioners. I wish to bring to your attention, which some of you may be aware of and others may not, that in 2019, Uh, myself chair feller uh jill hoffman city council member uh steve woodside resident and Mike Stewart, who's a hydrologist and a a geologic engineer. formed a task force at the request of the city council To look into the Sausalito Boulevard uh, February. the 14th, 2019 mudslide. And we did so. We, the task force was, boy, I'm hearing a lot of background noise, but it's all right, I'll keep going. The task force was appointed in June of 2019. We met vigorously and often and came up with a report to present to the City Council on in the last city council meeting in September of 2019. In that report, we had approximately 18 recommendations to the city to enact to help remedy and prevent such events in the future. Some of them were systemic issues that needed to be addressed. Others were such things as a citywide uh, proper What's it called? Scoping, or if you will, or measurements of the geologic and hydrologic hazards in Sausalito. And we also suggested some funding mechanisms Well, for some reason, to some of you, this may be not surprising, but to others it is that report somehow got buried in those recommendations were not enacted to date. And now, of course, we're in the middle of a huge problem. I just wish to bring this to the attention of the Planning Commission to help bring this to life again. And I do believe the Planning Commission would be involved in analyzing the recommendations and taking some action or making recommendations to the city council. So I'd appreciate your attention on this item as it has been in the ethers, shall we say. and not on a front burner. And given the weather that we've had this last two weeks, I think it's once again an issue that should be addressed. if not then, now. Thank you so much. |
| 00:12:21.72 | Kristina Feller | Thank you very much, Sandra, for your comments this evening. I'm looking for any other members of the public that would like to make comment on items not on the agenda this evening. . No additional hands raised. I'm going to go ahead and close public comment. And ask that we move on to item number four, approval of planning commission minutes. We have one item under 4A this evening, which is the November 16th meeting minutes. I'm looking for any comments or amendments suggested by any commissioner this evening. Commissioner Luxembourg, do you have any comments? |
| 00:13:03.50 | Jeffery Luxenberg | No, I do not at this time, thank you. |
| 00:13:06.46 | Kristina Feller | Thank you, Commissioner Saad. No comments. Vice Chair Junius. No comments. I just had two comments on the meeting minutes. Actually three. First, Director Phipps, I really appreciate the detail in these meeting minutes. It's something we don't usually see and it's highly welcome. something I think the Planning Commission has been looking for in the past. So this is refreshing to see a little bit more detail and substance to the meeting minutes. So thank you for that. The second comment I had is regarding the report out by our interim code enforcement officer, our interim building official, and Miss Melanie Jacobson At that particular meeting we asked for all of these items and the presentations that these folks provided to actually be agendized at a planning commission hearing soon thereafter this meeting. The reason for that is that It really deserves more of a discussion and a dialogue and the opportunity to do that rather than just be a one-way communication. The presentations were well received, but I think really could have maybe benefited more from some dialogue and feedback or questioning by the Commission and of course the public as well. So if we could make a note and a point to agendize that in the future. But that was commented on. um, the recording and I think that should probably be reflected in the notes. |
| 00:14:55.20 | Director Phipps | So just to confirm, Chair Feller, you would like the request for the code enforcement and building official staff to come back to Planning Commission with a formal agendized item related to existing code enforcement cases to be reflected in the minutes? |
| 00:15:14.49 | Kristina Feller | That's correct. |
| 00:15:15.79 | Director Phipps | Okay. Very good. |
| 00:15:17.24 | Kristina Feller | And that's accurate to the meeting and discussion we had at the time. And then the only other comment I have which is on page three of five, starting on line 40 under the Ferry Landslide Working Group. Again, we requested that DPW bring that back to the Planning Commission. And so that was sort of an actionable result of that. And those are the only comments I have. |
| 00:15:48.61 | Director Phipps | Chair Ferrer, may I provide just a quick response? |
| 00:15:52.37 | Kristina Feller | Of course, yeah. |
| 00:15:53.99 | Director Phipps | Fantastic. Thank you. So we're happy to reflect those comments and those action items in the minutes. Short story for commissioners is that we heard those action items from you and have made that specific request to code enforcement building and DPW staff. So as far as existing code enforcement cases are concerned, staff is prepping a document to bring to you. Additionally, I was working with Kevin to place his item for you on the agenda, and we will hopefully have to check with Kevin based on his availability and schedule, but bring it to the planning commission in short order. Thank you. |
| 00:16:38.59 | Kristina Feller | Thank you very much, Director Phipps. Just going back to the commissioners here, are there any other comments or further comment on the suggested amendments, Commissioner Saad? |
| 00:16:53.53 | Nastassya Saad | No comments other than that. I support. I support them. Thank you. |
| 00:16:57.76 | Kristina Feller | Commissioner Luxenberg. |
| 00:16:59.55 | Jeffery Luxenberg | I support the amendments. |
| 00:17:01.22 | Kristina Feller | Thank you Vice Chair Junius. |
| 00:17:03.63 | Jeffery Luxenberg | I support |
| 00:17:03.70 | Kristina Feller | I suppose. Great, thank you. Director Phipps, I think we can call roll. |
| 00:17:09.44 | Director Phipps | Thank you, Chair Feller. Commissioner San. |
| 00:17:09.49 | Kristina Feller | Bye. |
| 00:17:09.64 | Nastassya Saad | Sure. Thank you. or something. |
| 00:17:12.31 | Kristina Feller | Yes. |
| 00:17:13.40 | Director Phipps | Commissioner Graff, excuse me, Luxembourg. |
| 00:17:15.80 | Jeffery Luxenberg | Yes. |
| 00:17:17.29 | Director Phipps | Vice Chair Junius. Yes. Sure, fella. |
| 00:17:20.49 | Kristina Feller | Yes. |
| 00:17:21.45 | Director Phipps | Motion carries. |
| 00:17:21.59 | Kristina Feller | carries. Thank you. Thank you. So let's move on to communications here, which we have amended to move up in our agenda. It's currently listed for those following along at home or here on Zoom as item seven on our agenda. So Director Phipps, this is over to you. |
| 00:17:43.83 | Director Phipps | Thank you, Chair Feller. Regarding CDD staffing, a few updates to the commission this evening. Firstly, as you know, the department was happy to welcome principal planner Kristen Tecky to the team at the beginning of November. and she has been a valuable asset to our department and has been working hard to learn our municode and instill processes within the department that create efficiency gains and the way we take in process. asset to our department and has been working hard to learn our municode and instill processes within the department that create efficiency gains and the way we take in process review and approve our project permits to complement kristin's presence in the department we brought on an additional principal planner his name is neil toft he started in early december similar to kristin Neil is also a former Sausalito planning staffer and was most recently planning director with City of Larkspur. So I refer to Kristen and Neal as our all-star planning staff, and they have been wonderful to work with thus far and have done that name justice. That's the first update. Secondly, our solicitations for additional staff in CDD are ongoing. We're currently in the process of providing offer letters for the positions of building official and contract permit tech and have open solicitations for the role of code enforcement officer and an additional associate assistant planner. That does it for CDD step updates. Thank you. |
| 00:19:11.87 | Kristina Feller | That's great news. Thank you, Director Phipps. I wanted to give our city attorney Sergio Rudin the opportunity if there are any any communications from the city attorney's office. |
| 00:19:24.71 | Sergio Rudin | Not at this time. Thank you. |
| 00:19:26.85 | Kristina Feller | Thank you very much. So let's move on to reporting out for the planning commission, working groups and subcommittees. We can start with the objective design and development standards subcommittee that vice chair Junius and I are, are, are on. Vice chair Junius, do you want to give us an update? |
| 00:19:45.79 | Andrew Junius | Bye. We, We did, I think our last meeting was right before the holidays, end of October, October 21st. Very productive meeting with the consultant And we're working to integrate the odds with the housing elements so that there's not a big disconnect there when both eventually come through. Holidays came. So we're still kind of, I think on the 20 yard line here, there's some work left to do, but I think we've made some excellent progress. And tomorrow night we're doing a meeting with the city council with odds as one of the featured items. So we'll be talking about that more broadly with the city council members and members of the public. about what that is, what it means, what the status is, and how it's going to be affecting our planning process going forward. But I think we're getting close. Sheriff Feller, anything else you want to add? |
| 00:20:37.59 | Kristina Feller | Well, I just want to take the opportunity, of course, to thank you for all the hard work you've put into this as well as the consultants, Also, provide a little bit of an orientation that the objective design and development standards that we've been working on as we have drafted them with the consultants is meant to be a parallel code, if you will, to our existing Saucelita Municipal Code with the intent of eventually combining the two and the objective design and development standards would supersede certain portions of the Municipal Code that tend to be more subjective rather than objective. And so I think that's just an important comment to make in preparation for tomorrow's joint session with the City Council for Housing Element and Objective Design and Development Standards. And the only other thing I would add is that Vice-year Junius and I have been working with Bob Brown, our primary consultant, as well as OptiCoast on some of the 3D modeling of a range of different sites and conditions within the city of Sausalito to help communicate any potential impact or sort of thoughts and discussion around some of those sites, just to help with the dialogue. and I think that's a great It's easy to talk about this when it's written on paper, but it's a whole other thing. to see it in a physical built environment. I think Octacos has done a superior job of demonstrating that. with some of those renderings. And I believe that those will be unveiled tomorrow evening at the joint session, which starts at 5.30 and will be a virtual meeting. |
| 00:22:37.20 | Kristina Feller | Anything else, Vice Chair? |
| 00:22:39.08 | Andrew Junius | I THANK YOU AGAIN FOR RAISING THE ISSUES OF SOME OF THE SITE STUDIES. THOSE ACTUALLY I THINK ARE GOING TO BE REALLY REALLY HELPFUL WITH THE COMMUNITY OUTREACH AND THE UNDERSTANDING OF THE PUBLIC AS TO HOW THE HOUSING ELEMENT AND THE ODDS WORK TOGETHER. SO YEAH, THANK YOU FOR THAT. Thank you. comment and you were the one that pushed that so I want to acknowledge that so thank you Christina. |
| 00:23:01.33 | Kristina Feller | Thank you. So let's roll over into the California Housing Legislative Working Group, which again, Vice Chair Junius, yourself and Commissioner Luxembourg have formed together, if you can give us an update. Thank you. |
| 00:23:15.51 | Andrew Junius | Sure, very, very short update. Thankfully, there's not a lot of updates with the holidays. The legislature took a break. Nothing new I'm aware of that came through of any substance. So I will, at the last meeting we had, I think in November, I gave a pretty quick overview of five or six of the 2022 pieces of legislation that I actually do think will impact Sausalito planning issues and projects going forward. I probably, at some point in the next few months, Honestly, the housing element is going to dominate the planning world for the coming couple of months at a minimum. So I don't think there's anything urgent for me to be reporting out or Commissioner Luxembourg to be reporting out on new legislation. The the legend that you know the the anything else coming down the road is a ways off. I think the settling out of what we've seen past is is yet to come, so we're in a little bit of a lull. And I think the whole world in California and the Bay Area, and every city is really focused on their housing elements. And so I think I'm gonna stand down on this for a little while while we can pass the housing element uh, um, process and then pick this back up. But this spring, summer, there will be, I think, activity. There will be questions coming. There will be a need to start to unpack some of the pieces of legislation that are going to affect Sausalito. So we'll be ready. But at this point, there's nothing else to report. |
| 00:24:41.05 | Kristina Feller | Great. Thank you for that. Commissioner Luxenberg, did you have anything to add? |
| 00:24:44.49 | Jeffery Luxenberg | No, I concur with what Commissioner Junius, Vice Joe Junius, has indicated. |
| 00:24:49.40 | Kristina Feller | Well, thank you both for being Hawkeye on this and looking out for not just the planning commission here, but the city of Sausalito on. the impacts that some of that state legislation can potentially have. So thank you both. Why don't you just continue on both of you, if you don't mind, with the standard conditions of approval for resolution, since you both form that working group as well. |
| 00:25:14.70 | Jeffery Luxenberg | Yeah, I talked to director Phipps and once he gets his staffing settled over the next couple months we'll start to address those standard conditions, but we want to try to get rid of some of the backlog before we're addressing brand new conditions and complicating what are projects that are already in the works. |
| 00:25:35.62 | Kristina Feller | Okay. Great. Thank you. All right. The Ferry Landslide Working Group, that is Vice-Chair Junius and myself. I think that we have not met again since the last time we reported out or even before that. And as mentioned earlier, Um, we are looking for DPW to come back to the planning commission, with a solution that reflects our input and the concurrence of that input that Historic Preservation Commission had as well. So, Director Phipps, I assume that you'll continue to try to work with Director McGowan. to get that scheduled and appreciate that, those efforts on your part. Okay. Um, All right, moving on to the housing element advisory committee. Commissioner Saad, you and I have been the planning commission representatives for that effort. Do you want to report out on where we are and the the plan for tomorrow evening as well. |
| 00:26:47.12 | Nastassya Saad | Sure. Yes. Thank you, Chair Feller. I believe we have not met since early October. I think October 13th was our... last meeting in which we had reviewed the background report and the comments for the draft housing element. It has since been submitted. to the state end of October. on the 28th and, um, the HCD is not expected to give us comments back until end of January on the 26th. So the following step, we did not have any other meetings for the remainder of the year. And quite frankly, I'm not sure if the HEAC will have further meetings, but as you both mentioned, we do have the joint City Council meeting tomorrow at 530. Um, There's also currently a notice of preparation for a draft. environmental impact report and that was I think around the 21st and that comments comments are due on the 20th of this month. So that's still and available. But the HCD will be giving us comments back and then... and City Council will start to review, but as Vice Chair Junius just said that, I think the planning the commission will be handling a lot of the housing element. coming up in the next few meetings. For tomorrow, we are going to review The agenda has been published for anyone that wants to see. Again, that meeting is at 530 and we will be going over the scheduling for the housing element and some of that draft And I believe making a plan in terms of receiving those comments As also mentioned, they're going to be going over the objective design. development standards and and more there's I believe gonna be a presentation on SB9 which will also be important to our overall housing element that will ultimately be approved. So, That is as far as I recall, Chair Feller, if there's anything that you want to add as well. |
| 00:29:00.05 | Kristina Feller | Um, no, I appreciate the update that you provided. As I also chair the housing advisory committee, it is my opinion that the HEAC has served its purpose and addressed the remit in terms of getting that draft to the state. It's unfortunate that we still don't have our comments back from the state. Obviously, we cannot control that. So there is very little time between when we anticipate getting the comments back on the draft and the January 31st deadline of submitting the final plan. to the state. And that plan needs to be signed off by the Planning Commission with recommendation to City Council to ultimately sign off and ratify and issue to the state. So just for the benefit of everybody listening here, both at home and here on Zoom. uh, It's really crunch time for the housing element, and we have until January 31st to issue it. The environmental impact report, of course, is not required by the state and therefore will not be included necessarily with what we submit. that EIR, the Environmental Impact Report, will continue on that work. So that's still a focus that we need to have just to prepare everybody for what's coming down the road here. regarding the housing element. |
| 00:30:38.28 | Kristina Feller | So I think unless director Phipps, you have anything to add for the agenda tomorrow night or any comments. We'll continue to move on on our agenda. |
| 00:30:51.51 | Director Phipps | No comments, Chair Feller, just that I look forward to engaging with Planning Commission and Council on these very important issues for the city. |
| 00:31:01.04 | Kristina Feller | Great. Thank you for that. And I want to thank Sergio Rudin, who has been invaluable. in this whole process. Sergio, I honestly, honestly, You have given such sound, solid advice and direction. Thank you for protecting the best interests of all those involved for HIAC. And I know you will continue to do so. So a real thank you to you. |
| 00:31:27.16 | Sergio Rudin | Thank you, Chair. I appreciate that. |
| 00:31:29.98 | Kristina Feller | Moving on here, director Phipps, I believe the 110 4th Street working group we had retired at our last meeting. So that can be taken off the list. Let's move on to parklets. Commissioner Luxembourg. I don't think there's much for us to report out on, but any update that you'd like to |
| 00:31:55.09 | Jeffery Luxenberg | Yes, I've talked to Director Phipps and he's been touched base with Assistant Attorney Rudin to draft the legal part of this of how this is going to be implemented so that is currently in process at the moment and Hopefully we'll have an update on that at the next meeting. |
| 00:32:12.94 | Kristina Feller | Excellent, thank you, thank you for doing that. Let's see. We also have formed a master plan working group that is Commissioner Saad and myself. That is not listed here. We have not started any work with the purpose of that. of forming that group was really to scope out what that citywide master plan REMITS SHOULD BE. And so hopefully we can meet either later on this month, Commissioner Saad, Director Phipps, or the beginning of February, since the housing element will probably take the priority of our focus as it should. Um, Let's see, are there any other comments or reporting out by any commissioner just by the show of show of hands that you'd like to add. Okay, I just have one more thing to mention in terms of community one way communication here and that is that the planning Commission has made six or seven requests both in writing and on public record to the City Council over the last two years for funding. And the funding requests are for updating the Saucidad Municipal Code, which goes to one of our public comments. that it was meant to reflect and incorporate the landslide task force findings and recommendations that were ratified and approved by the city council, as well as a number of other things, including the general plan. and impacts of that. It included the citywide master plan and other items. And I would just ask a director Phipps, if you could continue to, um, uh, help the planning commission receive some sort of response or input from the city council regarding those priorities that are really basics that, um, both the city and the planning commission need to be able to perform our tasks. So any help you can provide would be appreciated. Okay. All right, if there are no other communications, I'm just looking for a show of hands from the commissioners. We will go ahead and open this up for public comments. To make public comment on any of the items under communications this evening, you can raise your hand in the Zoom application. or you can press star nine, on your cell phone if you're phoning in. Each public member will have three minutes to make public comment this evening and I'll call upon you in the order I see you on on my screen which may be different than yours, but don't worry, you will have your opportunity. The first hand I see is Sandra Bushmaker. Sandra, welcome. You have three minutes for public comment. |
| 00:35:10.72 | Sandra Bushmaker | Hopefully I won't take all three minutes. I just wanted to comment, you know, I've been following the housing element update. since its inception. And the consequences for not meeting our deadline are really dire. And I'm sure many of you recognize them. Two major ones that we need to pay attention to are, The fact is the fact that we're number one, that you have only one year instead of three years to update the zoning ordinance. And number two is that the grant block grants that the city would be eligible for are threatened without a on time, timely, housing element adoption. So I- I want to tell you how much I appreciate the work that you are about to embark on and have embarked on for this month. And I really want to encourage Um, that we get do what we have to do in order to get that housing element. adopted. And A resolution passed by the city council that it's a certifiable housing element so that we don't hit the consequences of missing that deadline. Thank you. |
| 00:36:29.71 | Kristina Feller | Thank you, Sandra. Thank you for your comments. I'm just looking for any other hands from the public to make comment on our communication. Seeing none, I will go ahead and close public comment and we will move on to what is identified as item number five, new business. on the agenda this evening and director Phipps I will hand this over to you. |
| 00:36:55.95 | Director Phipps | Thank you, Chair Feller. Moving on to our business items here. First item of business is item 6A, |
| 00:36:56.02 | Kristina Feller | Thank you. |
| 00:36:56.12 | Kristina Feller | Thank you. |
| 00:36:56.36 | Kristina Feller | Thank you. |
| 00:37:05.18 | Director Phipps | Mike Wilberg, MNC, Formerly 5A that is election of chair and vice chair recommendation here is for the Commission to solicit nominations for the position of planning Commission chair and then have a vote in connection with those nominations as needed, if there is only one nomination, we will move to a roll call for the nominated Commissioner. So I will open the floor to commissioners for nominations. |
| 00:37:39.17 | Nastassya Saad | I would like to nominate Commissioner Luxembourg for Chair. of the Planning Commission. |
| 00:37:47.88 | Kristina Feller | Thank you. |
| 00:37:47.90 | Andrew Junius | I'll second that nomination. |
| 00:37:48.52 | Nastassya Saad | Yeah. Oh. |
| 00:37:53.75 | Director Phipps | hearing no other nominations, I will move to a roll call. Commissioner Saad. |
| 00:38:03.07 | Nastassya Saad | Yeah. |
| 00:38:04.65 | Director Phipps | Committee in Herloxenburg. |
| 00:38:06.05 | Jeffery Luxenberg | Yes. |
| 00:38:07.71 | Director Phipps | Vice Chair Junius. |
| 00:38:09.23 | Jeffery Luxenberg | Thank you. |
| 00:38:09.24 | Andrew Junius | you |
| 00:38:09.26 | Jeffery Luxenberg | Yeah. |
| 00:38:09.33 | Andrew Junius | I'm sorry. |
| 00:38:09.38 | Jeffery Luxenberg | Bye. |
| 00:38:09.43 | Andrew Junius | Yeah. |
| 00:38:10.63 | Director Phipps | Chair Feller. Yes. Motion carries. Congratulations to Commissioner Luxenberg. |
| 00:38:18.89 | Jeffery Luxenberg | I'd be honored to serve. Thank you so much. |
| 00:38:23.49 | Director Phipps | onto the vice chair seat. The employer is open to nominations. |
| 00:38:28.51 | Jeffery Luxenberg | I'd like to nominate Andrew Junius for vice chair. |
| 00:38:35.91 | Kristina Feller | I will second that. |
| 00:38:39.97 | Director Phipps | Just wanna give commissioners another moment if there are other nominations. Hearing none, I will move to a roll call vote. Commissioner Son. |
| 00:38:52.78 | Nastassya Saad | Yes. |
| 00:38:52.97 | Jeffery Luxenberg | you |
| 00:38:54.43 | Director Phipps | Chair Luxenberg. |
| 00:38:55.95 | Jeffery Luxenberg | Thank you. |
| 00:38:56.09 | Director Phipps | us. Vice Chair Juniors. Thank you. |
| 00:38:59.39 | Andrew Junius | I appreciate it. |
| 00:39:00.05 | Director Phipps | Yes. Commissioner Feller. Motion carries. Congratulations, Vice Chair Junius. |
| 00:39:08.71 | Andrew Junius | Thank you. |
| 00:39:08.76 | Director Phipps | Thank you. Thank you. |
| 00:39:09.49 | Andrew Junius | I look forward to continuing on as vice chair. And actually before we move on, can we take a few minutes here? I'd like to just personally thank Chair Feller for A REAL LEARNING EXPERIENCE THAT I'VE GONE THROUGH. I'M THE NEW BEYOND COMMISSION HERE. IT'S BEEN ABOUT A YEAR AND A HALF. when I came on. Um, Christina took me under her wing. I've been on the other side of the podium for 30 years, You know, being up here, serving with all you wonderful folks is really been a different experience and been an eye opener and I think I had a good background, but chair father was just a wonderful. mentor and you know showed me the ropes and gave me tons of support and was was thoughtful enough to move me up to Vice Chair relatively quickly i've really been honored by that. and And I'll also have to say, you know, not only, you know, Do I have the most utmost respect for Christina in terms of her dedication and the time she spends in promoting Sausalito? Both you and Commissioner Saad with respect to the housing element, just extraordinary work. I can't tell you how much I thank you for that. And then, you know, to lump, you know, layer it all on even worse for Christina, you know, my God, being commissioned president or chair during COVID. and during the staffing difficulties the city has and holding this together and just continuing to, You know, never, you know, Never let down just your professionalism and your commitment to the city is extraordinary. And I just wanted to make sure that that was on the record. And I want to thank you for that. |
| 00:40:52.14 | Kristina Feller | I appreciate that greatly, and I can think of no better partner in crime than Vice Chair Junius. who I learned something new from every single time we meet or discuss something. But, and I really appreciate the kind words, but I am no army of one. I don't believe in that. that you know this commission the whole is greater than the sum of the parts and I really believe that this is an extraordinary commission. matters from completely different perspectives. It's incredibly enlightening. It is thorough, it's thoughtful, it's professional. It's nonpolitical and it's it really I'm really proud to be part of it. And so I want to thank each and every one of you. Commissioner Graff, who is unfortunately under the weather and not here this this evening is is an extraordinary part of this as well. And and I know under the leadership of chair Luxembourg and vice chair Junius, we will continue to advance the ground of the Planning Commission, continue to support the amazing work that Director Phipps is doing in growing and expanding and strengthening community development And again, thank you, Sergio, for your incredible assistance, guidance, protection of the planning commission and the city of Sausalito. And thank you. I look forward to continuing to work with the best colleagues I could ask for, so thank you. |
| 00:42:41.55 | Jeffery Luxenberg | I would also like to thank Christina for incredible work, especially during the staffing turmoil of the last two years. and also her thoroughness. And I just hope I can fill your shoes as well as you've done for the last two years. So thank you. Thanks, Jeffrey. |
| 00:42:59.95 | Nastassya Saad | My turn. I wanted to say a huge thank you to Chair Feller. And I really... value your mentorship and all that you do for our commission, but also all of the subcommittees. It is a lot of extra work. I only had HIAC, and you had it with me, and you were the chair, and you did it with such grace. and it was so chaotic at times. when you're at the helm, a very smooth sailing ship. Thank you for what you've done for us at the commission. I look forward to all of our time together on whatever subcommittee that we are going to to join forces on, but I really want to thank you. teaching me the ropes, your patience, your kindness, and always, making yourself available as well. Huge thank you. And I really enjoyed the last two years, my first two years on planning commission. So thank you for that. And. Thank you. |
| 00:44:01.93 | Director Phipps | I don't want to, may I make a quick comment as well? Chair Luxenberg? |
| 00:44:06.59 | Jeffery Luxenberg | Sure, that'd be fine. That'd be welcome. |
| 00:44:10.54 | Director Phipps | Commissioner Feller, yeah, I'll just completely concur with all the comments received from other commissioners and want to really thank you as well for the opportunity to work with you in the seat of chair. And I look forward to continuing to work with you as commissioner and in connection with some of these really, you know, big lifts that the city is taking on. As I playfully told you in a conversation earlier today, you're not getting off that easy. And there are a number of other projects where we can use your valuable input. So looking forward to it. And thank you very much. And of course, I look forward to working with Chair Luxembourg and Vice Chair Junius in their roles, respectively, and with all other Commission members present and non-present Commission on behalf. So if there are no other comments, I will pass the mic to Chair Luxembourg to have him introduce the next item as his inaugural item introduction as Chair. |
| 00:45:19.78 | Jeffery Luxenberg | Thank you, Director Phipps. Thank you all. I will hopefully able to, ably serve as chair and hope that I can do as well as Christina has done. The first item at this point is the, I guess, item 7A, which would be the public hearing for 1 and 43 Willow Lane. And Director Phipps, if you could explain what the typical order is so that people know how we run public hearings. Thank you. |
| 00:45:49.73 | Director Phipps | Sure, if we could just take a half step back, I think that there is another business item for us to address. |
| 00:45:56.90 | Jeffery Luxenberg | Yes, I skipped that item, so I apologize. The next item will be approval of the Planning Commission meeting dates for January of 23rd. So if you could explain what we have before us, I understand that we don't yet have a full calendar for 2023. Are we going to talk about just the month of January, or will we be talking about the whole year at this point? |
| 00:46:22.92 | Director Phipps | Yeah, so happy to, Chair Luxembourg. So yeah, quick background. Staff has prepared a draft calendar containing only one meeting for consideration this evening. That meeting is proposed for later this month on Wednesday, January 25. We are planning to bring a full 2023 calendar for approval by the Planning Commission on January 25. That is, of course, assuming the Commission approves that meeting. In the absence of an annual calendar for February and beyond, staff is open to feedback from commissioners at this meeting related to how we might propose scheduling for those meetings. Initial thoughts from staff include, you know, the typical staggering of planning commission meeting meetings with city Council meetings such that they do not occur in the same week. Moreover, staff understand. STAGGERING OF PLANNING COMMISSION MEETINGS WITH CITY COUNCIL MEETINGS SUCH THAT THEY DO NOT OCCUR IN THE SAME WEEK. MORE OVER, STAFF UNDERSTAND, YOU KNOW, DUE TO HOLIDAY SCHEDULES, THAT THERE MAY BE LIMITED MEETINGS IN DECEMBER, AND WE WILL CREATE OUR CALENDAR BEING SENSITIVE TO THAT. AND I'LL TURN IT OVER TO COMMISSIONERS FOR ANY ADDITIONAL COMMENT AND FEEDBACK. |
| 00:47:26.35 | Jeffery Luxenberg | At this point, I'll turn to Commissioner Saad if you have any thoughts on calendar so far. |
| 00:47:34.18 | Nastassya Saad | I have no issue with the current calendar as it stands for January and I don't plan my year far in advance enough to make any further comments. I'm completely fine as long as they are staggered. I think that was a successful calendar, so I'd be in support of our old cadence, but I'm completely fine with the January schedule. Thank you. |
| 00:47:55.90 | Jeffery Luxenberg | Thank you, Commissioner Saad. I wanna mention, I believe If I saw something in the last couple of weeks in the city council that they used to meet typically, although it changes every month depending on what's the first Tuesday or Wednesday of the month. Typically, they've been meeting the second and fourth Tuesdays of the month. We've been meeting first and third Wednesdays. I believe that they are going to shift to first and third Tuesdays. And if that happens after about March, because there's a weird thing with Tuesday, uh, with, I think Wednesdays appearing on the first of the month or something like that, that, um, uh, we might move to second and fourth for those months. Uh, um, Director Phipps, is that the case or you understand from the council |
| 00:48:50.78 | Director Phipps | Yeah, so just following a cursory review of approved council meetings for 2023, it looks like that they do vary. And, you know, obviously some months as far as their weekly distributions vary. So we will work to ensure consistent staggering independent of whether or not, you know, it's first and third, second and fourth. But keeping consistent the fact that those meetings are staggered from week to week. |
| 00:49:29.27 | Jeffery Luxenberg | Thank you, Director Phipps. Commissioner Fowler, do you have any thoughts on calendar so far? |
| 00:49:38.30 | Kristina Feller | Thank you, Chair Luxenberg. I would be very happy to support a motion to approve the January 25th. And from the standpoint of any further direction, I would, I definitely support staggering planning commission from City Council. So if they're first and third, I think we should be second and fourth, or that concept, let's say. I WOULD ALSO SUPPORT continuing the tradition of an August recess. And I would also support the flexibility to Director Phipps to have, you know, one or two floating potential hearing dates just in case it is needed. Those tend to happen towards the end of the year. to try to clear any backlog from CDD, et cetera. I know that he has made significant progress with clearing out the backlog so far. And so, you know, wanna make sure that we are supporting that as much as possible. If we have to add a couple of floating dates as a reserve only, then I'm happy to consider that as well. |
| 00:50:57.98 | Jeffery Luxenberg | Thank you, Commissioner Feller. Commissioner Vice Chair Junius, any thoughts on calendar at this point? |
| 00:51:05.12 | Andrew Junius | Thank you. I'm in agreement with Commissioner Saad and Commissioner Feller. That all works for me. I'm fine with the January date and day staggering. And again, I also appreciate your comments about August. I do count, you know, I don't know, we certainly can't take into account already planned commissioner vacations, but I might miss a meeting in June, but we all have vacations. So other than that, I'm ready to go. |
| 00:51:34.28 | Jeffery Luxenberg | Thank you, Vice Chair Junius. I also concur with the January 25th date and with the August recess and shifting the dates to be in the opposite week of the councils, wherever those occur. And so in the development of the draft calendar for the next meeting, if you take those all into account, that would be helpful along with the housing element scheduling of joint meetings or or approval meetings, if whatever that's needed for those dates when you develop the calendar. for the next two months because that's a critical timeline. So with that, I don't think that requires a vote, but do we need to open public comment for this item, Chair Fip? |
| 00:52:30.02 | Director Phipps | I would defer to Sergio on that. |
| 00:52:30.29 | Jeffery Luxenberg | defer to service. Thank you. |
| 00:52:32.18 | Director Phipps | Thank you. |
| 00:52:32.21 | Jeffery Luxenberg | Yeah. |
| 00:52:32.25 | Director Phipps | Yeah. |
| 00:52:32.30 | Jeffery Luxenberg | Yes. So at this point, anybody would like to comment on item five, if they could raise their hand in the Zoom application and we'll call on you as we see you. |
| 00:52:50.51 | Jeffery Luxenberg | Seeing none, we'll close that item and move on to public hearing. So at this point, Chair Phipps, can you, I mean, Director Phipps, can you give me, give the public an understanding of the sequence for a public hearing? |
| 00:53:07.63 | Director Phipps | Yeah, so regular structure for public hearing is a staff presentation to begin, followed by planning commission questions for staff, followed by presentations from applicants, which is optional. 15 minutes. We're getting some feedback. |
| 00:53:31.24 | Andrew Junius | Amen. |
| 00:53:31.48 | Director Phipps | Thank you. |
| 00:53:31.58 | Andrew Junius | Sergio, I think you're typing. |
| 00:53:33.18 | Director Phipps | Thank you. Thank you. Following the applicant presentation, Planning Commission can provide questions for the applicant. Then there will be a public comment period, three minutes per speaker, potential applicant rebuttal as desired, and Planning Commission discussion, deliberation, and ultimate decision. |
| 00:53:53.97 | Jeffery Luxenberg | Thank you. Thank you. you Thank you very much. At this point, can... Contract planner Gonzalez provide a presentation on one in 43 Willow Lane. |
| 00:54:12.01 | Magda Gonzalez | Hi, good evening, Commissioner. Let me share my screen. |
| 00:54:27.71 | Contract Planner Gonzalez | The first item that I presented tonight is a tree removal per my request. For 143 Willow Lane, the applicant is Randy Harris. with Artistic Entries. he submitted the application on behalf of the property owner. the WillowHOA. I apologize for the shortness of breath. I feel under the weather. So if there's a delay with my presentation, I apologize for that. Um, The request is to remove The request is for approval to remove two Italian stone pines. The picture on the right hand side shows the location of those trees within the community. Tree number one is 39 inches in diameter of breast height. The picture on the left hand side shows LOCATION APPROXIMATE TO ONE WILLOW LANE. to the left hand side, you will the TRASH RECEPTACLE. On the right hand side is the path of travel for the pedestrians in the community. And then directly in front of it is parking. to the right hand side you will see arrows pointing to the trees location of the trees cables. both trees, are currently cabled and in good condition. according to the report provided by the Arborist. |
| 00:55:50.73 | Contract Planner Gonzalez | Screen number two is 41. and just diameter and breath height. the left hand side. This picture shows, again, a receptacle, proximity of the tree within the community. It's also adjacent to regular path of travel. And this tree is also cabled and in good condition. as you can see by the picture on the right hand side. |
| 00:56:19.94 | Contract Planner Gonzalez | Summary of the request is to approve the removal of both trees based on their diameter of breath, they're considered a heritage tree. THE REQUEST WAS BROUGHT FORTH BY THE PROPERTY OWNER BECAUSE OF THE PERSONAL INJURY. and proper damage the trees have caused. |
| 00:56:40.46 | Contract Planner Gonzalez | This is a picture of the personal injury that has taken place. Tree number two, a pine cone fell on one of the drivers of Bay City Bay City's Refuge Service. while he was picking up the trash, this required him to go to the ER get stitches. The company sent a letter to the HOA requesting Well, expressing their concern and I hope that it doesn't happen again. We also have a testimonial from the resident at 1 Willow Lane indicating that when she came out of her residence, she walked to her vehicle and she noticed that the sunroof was shattered. She didn't see evidence of any other property damage or anything had been stolen from the vehicle. should it see a pine cone next to them? her vehicle and she therefore did determined that it must have been from the pine cone. She also recalls overhearing that that there was some property damage. to the vehicle of the resident at 49 Willow. This resident I submitted a letter yesterday, I'm sorry, an email. requesting the Planning Commission approve the removal of the trees because she's concerned about her family's safety as well as out of the neighborhood. |
| 00:58:08.85 | Contract Planner Gonzalez | summary of the key factors as I previously stated based on the diameter of breast height, both trees are considered heritage trees The first tree overhangs the parking spaces and the cone pine cones falling. have cost. vehicle damage and have broken the sunroof of what's the city of school. Tree number two has struck a a person as they were walking, picking up refuge. Both trees are tabled and in good condition. and our breast recommends that if they both are to remain that the cable is being inspected annually. |
| 00:58:56.95 | Contract Planner Gonzalez | Arborist also lists that the neighboring vegetation would not be affected by the removal of the trees. the note. changes in soil stability were to solve from the removal. The replanting is not necessary for sloping stability or privacy screening. And that if replacement is required, the Arborist recommends coast live oak trees for each of the trees. staff. is recommending that both trees be replaced with the cold slival AND I WANT TO EXPAND THAT THIS takes place within two weeks of the removal of the tree. The request is exempt from the California Environmental Quality Act in accordance to section 15304. |
| 00:59:47.35 | Contract Planner Gonzalez | The true removal criteria for number one, IN ORDER TO GRANT IT REMAVAL. or I'll tell you. or alteration permit, it must be determined that the removal alteration is necessary in order. for any of the following objectives. the specific request um item number a would be clearly identified because it is, meant to ensure public safety as it relates to the health of the tree. potential hazard alive and property and proximity. |
| 01:00:23.60 | Contract Planner Gonzalez | in order to, sorry, proximity to existing or proposed structures and interference with utilities. the removal of set trees will not cut off. in soil stability as I previously mentioned. And also the tree removal will ensure public safety by reducing the potential hazard. of harming property and life. um, due to its close proximity to the path of travel and the dwelling. regarding item number two in order to grant a tree removal IT WOULD BE DETERMINED THAT IT any one of the following conditions is satisfied. For this item condition, number one would be satisfied because a tree to be removed will be replaced with a desirable tree based on the recommendation of the arborist. And as I previously mentioned, I'm not sure. THESE PEOPLE WOULD TAKE PLACE WITHIN TWO WEEKS. of the removal of the trees. |
| 01:01:25.50 | Contract Planner Gonzalez | to remove a criteria number three, Any finding of any of the following is grounds for denial. regardless of the findings of Section B2A of this section. If the tree is of healthy condition, if there's adequate provisions for drainage, erosion control. If the tree removed is a member of a group of trees, or the value of the tree, is greater the greater value to the neighborhood that it is an inconvenience to the owner due to the proximity of the, Bye. the trees to the properties and the path of travel. Thank you. I believe is that it in either criteria A through are applicable for this request. |
| 01:02:20.59 | Contract Planner Gonzalez | Um, I recommend that the Planning Commission review the tree removal request and card finding. and adopt a TATRA solution, which makes a required determination for approval of a tree removal permit. to allow the removal of two Italian stone pines and require 24 and Coastal glyphotry replacement for each tree removed, subject to the conditions of approval. Alternatively, the Planning Commission may approve the true removal permit with modification Continue consideration of the item for additional information. or move to deny the tree removal PERMIT IDENTIFY ONE OR MORE OF THE FINDINGS FOR DENIAL LISTED. Section 11.12.03.4. B.3. I forgot to mention that we did receive a letter from saw a little beautiful |
| 01:03:19.39 | Contract Planner Gonzalez | I think the concern for the tree removal and asking the Planning Commission to consider denying this request. That concludes my presentation. THE OWNER'S REPRESENTATIVE, ART GIFNEY, IS ON THE CALL AS WELL. as Mr. Jonathan Mo who is a BOARD MEMBER FROM THE HOA. |
| 01:03:41.93 | Jeffery Luxenberg | Thank you, Contract Planner Gonzalez. At this time, it's the time for commissioners to ask questions of staff. So with that, Commissioner Feller, would you have any questions at this time? |
| 01:03:56.55 | Kristina Feller | Thank you, Chair Luxembourg. Meg Dutt. Um, You know, the photograph with the gentleman's head injury is extremely unfortunate. And that couldn't have been fun for him. However, there's a lot of discussion about personal property damage, but there doesn't seem to be any evidence of that. Have you looked into this? |
| 01:04:29.59 | Contract Planner Gonzalez | Yes, unfortunately, they weren't able to give me the pictures that were in listed on that email that I posted on the presentation. Um, but the applicant contested off that they've seen the damage themselves. Unfortunately, I did not see pictures of the actual property damage. |
| 01:04:48.27 | Kristina Feller | Right, but from what you presented, they can't be sure that a pine cone smashed a sunroof? I mean, is that... but is there any substantiation other than what you've I mean, obviously the applicant will have an opportunity to talk to, but I'm just trying to get my head around this. I mean, there are a lot of these species of trees around Sausalito and I haven't heard of such an egregious property damage or issues of public safety. So I want to understand what's really happening here. |
| 01:05:23.30 | Contract Planner Gonzalez | Yeah, unfortunately there wasn't anything conclusive like a video or anything showing that the tree that the Pine cone fell on the It was just property owners, she derived to that conclusion based on what she saw when she walked out. |
| 01:05:42.86 | Kristina Feller | And did you meet with the HOA or did you walk the site or look at the |
| 01:05:47.26 | Contract Planner Gonzalez | I did, yeah. |
| 01:05:47.99 | Maria | you |
| 01:05:48.01 | Kristina Feller | Thank you. Okay. And what did you have any thoughts or comments about it? |
| 01:05:53.98 | Contract Planner Gonzalez | Well, my personal thought was that it is possible because the trees are pretty big and the branches all the way through the parking area. And, um, |
| 01:06:03.73 | William Hudson | And, |
| 01:06:03.78 | Magda Gonzalez | And... |
| 01:06:03.85 | Kristina Feller | and, |
| 01:06:04.96 | Contract Planner Gonzalez | across all that grass area. |
| 01:06:08.96 | Kristina Feller | And then the last question is, I mean, there are a lot of other Italian stone pines within this HOA. Why is it these two that seem to be the culprits? |
| 01:06:21.77 | Contract Planner Gonzalez | Because of the damage that Um, of the personal damage and the property damage they've caused. I don't think they've had any issues with any of the other ones. I believe they've even met with another arborist to see if there was another resolution. TO AVOID THE PINE CONES FROM FALLING. |
| 01:06:43.19 | Kristina Feller | So do we know which tree struck the gentleman's head? |
| 01:06:47.78 | Contract Planner Gonzalez | TREE NUMBER TWO, YES. |
| 01:06:49.31 | Kristina Feller | Thank you. |
| 01:06:49.41 | Contract Planner Gonzalez | Yeah. |
| 01:06:49.43 | Kristina Feller | Thank you. And you can't substantiate the property damage on either tree. So we have to consider that. And do you know if this HOA has these trees or any other trees on the property maintained on a regular basis? |
| 01:07:07.79 | Contract Planner Gonzalez | They do, and actually the day I visited, I saw the landscaping vehicles maintaining the, There, yeah. |
| 01:07:15.69 | Kristina Feller | Thank you. |
| 01:07:15.70 | Contract Planner Gonzalez | Okay. |
| 01:07:15.92 | Kristina Feller | Thank you. All right, thank you very much. Thank you, Chair Luxembourg. |
| 01:07:20.43 | Jeffery Luxenberg | Thank you, Commissioner Feller. Commissioner Saad, do you have any questions of staff? |
| 01:07:26.13 | Nastassya Saad | Commissioner Feller had and ask the questions. So I have those answers now that I needed, but Magda, can you confirm, I'm sorry, I didn't hear you. Is the arborist, here as well? Or was it just the HOA and the, |
| 01:07:42.20 | Contract Planner Gonzalez | I do not see him here, yeah. |
| 01:07:42.28 | Nastassya Saad | I do not. |
| 01:07:46.13 | Contract Planner Gonzalez | um, the property owner representative and the HOA member. Okay. |
| 01:07:52.49 | Nastassya Saad | And then could you confirm, And I believe it was in the letter from Sausalito Beautiful. But do you know from your perspective, How many other of the pine trees trees there are on that, in that area, in that property. I do not recall off the top of my head, I apologize. There's quite a few, yeah. Okay, thank you. That's all I have for staff. Thank you. Chair Luxenberg. |
| 01:08:18.34 | Jeffery Luxenberg | Thank you, Commissioner Saad. Vice Chair Junius, do you have questions or staff? |
| 01:08:23.80 | Andrew Junius | No questions for staff. Thank you, Chair Luxembourg. |
| 01:08:26.73 | Jeffery Luxenberg | Thank you, Vice Chair Junius. I just want to thank you for your presentation, Ms. Gonzalez, as well as you had posted this actually for the previous meeting. So this was out in advance and I sent some questions and you clarified those in your report. So I appreciate the fact that the response in that. At this point, we would entertain a presentation from the applicant. Do we know who that is, Ms. Gonzalez? |
| 01:09:01.44 | Contract Planner Gonzalez | Yes, it's a gentleman raising his hand, Art. |
| 01:09:06.25 | Jeffery Luxenberg | Okay, Art, if you could, if the Zoom team can unmute and allow your video to be shared, and if you could give your name and address for the record, that would be helpful. |
| 01:09:20.36 | Art Gibney | Good evening. My name is Art Gibney. I live at 16 Willow Lane. And I'm here tonight with Jonathan Moe, to support the staff recommendation to you all. um, The reason I'm not on the board, Jonathan Moe is on the board currently. I was the board president for 15 years ago, for 15 years and have the most knowledge of the history of these trees. Um, the first tree, the property damage tree at one willow has a fairly long history of property damage, there are only two references that are in the staff report that you're aware of. My history as the board president with cones hitting trees goes back further and the history is much longer. Over the years we've done a number of things to try to preserve the trees. The removal of the trees is a last resort for us Um, Initially, our consulting arborist advised us that the tree at 1 Willow and the tree at 43 Willow were both structurally unsound. So about 10 years ago, We had cables installed to make the trees structurally sound and thus preserve them. Um, When the when the incidences of property damage started to evolve at one willow. That is... property damage to vehicles parked under the tree. And these pine cones, by the way, are not they're fairly unique. They're as big as a baseball and they weigh almost a pound. They're very dense and very heavy and quite dangerous. And Um, So we... we had the tree more than once with, to try to trim the tree back away from the away from the parked vehicles below. But that could only be done to a certain extent And that's, we had it trimmed twice and, um, It's at its maximum. Any more trimming would put the tree off balance and do more harm than good. We also consulted with two consulting arborists about the possibility of removing the pine cones every year. And that was categorically not feasible. you know, physically Not feasible. So, THE END OF |
| 01:12:22.91 | Art Gibney | with the more recent um, personal injury to the Bay City's employee. the HOA found itself in a position of having to realize the liability exposure that we face. It's real. We've been put on notice by Bay City's refuse. So to do nothing, We've done everything that we No. that we've consulted with arborists that we can do. We can't relocate sidewalks. We can't build carports. That's innovative, but not a feasible option for us financially. Or spatially. um So we have this liability exposure that we want to mitigate and removal of the trees is, and replacing them with more suitable trees is the one that we can think of. And To do nothing places us, the HOA, in an exposed liability posture that is not something that we look forward to. |
| 01:13:43.12 | Jeffery Luxenberg | Thank you. Do you want Jonathan also to provide part of your presentation? |
| 01:13:49.18 | Art Gibney | I don't, but he's certainly free to if he would like to. |
| 01:13:55.81 | Jonathan Moe | I would only add, and thank you for um, Art, thank you for what you've said. And thank you for giving me a minute is that we, yeah, as Art said, we're in no hurry to remove any trees at any time, but these, uh, I've created a unique problem for us. And, um, As you mentioned, yeah, the pine cones are kind of unique. They're green pine cones that definitely do damage. It's unfortunate we don't have photos of all the damage they've done to cars and broken, but it's over the years. Yeah, it's happened and it's been reported at HOA meetings and people have seen. You know, I've heard the cones fall and hit the cart immediately, turned around and seen the cone. on the car or on the ground. So we're convinced of that. So I appreciate you looking at this so that it seems to be for those two trees in particular, it's what we need to do. We don't have plans to remove the other trees. We don't have the kind of the history of damages from other trees on the property. So just those two in particular. are the problem. |
| 01:15:02.62 | Jeffery Luxenberg | Okay, thank you. You have nine minutes and 27 seconds. If your Zoom team can stop the clock, 26 seconds. And you can reserve your time for after we get public comment and the commissioners ask questions, or do you want to, are there any other comments at this time? |
| 01:15:24.45 | Art Gibney | We'd like to reserve our time. |
| 01:15:26.28 | Jeffery Luxenberg | Okay, thank you, Art. AT THIS POINT, ALL COMMISSIONERS HAVE AN OPPORTUNITY TO ASK QUESTIONS TO THE APPLICANT, COMMISSIONER, COMMISSIONER, FELLOW. |
| 01:15:38.43 | Kristina Feller | Thank you, Chair Luxembourg. And thank you for your presentation and bringing this to the Planning Commission. The one issue that I'm still having is I... I don't, there's really no evidence that there's property damage and if they're is some evidence that can be directly correlated to it other than the poor gentleman who got struck on the head, which is unfortunate and I don't make light of. But I mean, I'm hearing about sort of the serial damage to cars and everything, but there doesn't seem to be evidence. The one letter that was included in the staff report couldn't substantiate it and and mentioned that that the neighbor had heard that another neighbor had some damage but i'm i'm just It's difficult to make the findings without understanding factually if any of this exists. So can you, can you help maybe shed some light on that for me? |
| 01:16:53.27 | Art Gibney | Um, I can't shed light on it. I can't produce photos or evidence |
| 01:17:02.67 | Nastassya Saad | Thank you. |
| 01:17:03.26 | Art Gibney | that I don't have. I suppose what we're asking is that you believe us is that you Um, believe Magda's observations believe the testimonials of the people who wrote the emails And believe me that It happened. |
| 01:17:33.19 | Kristina Feller | So both trees are hitting people with pine cones and damaging cars? Is it just cars? Are there windows or... It's not affecting the building. Is it just the cars? |
| 01:17:54.27 | Art Gibney | The tree number one is has a history of cars. and tree number two has a history of people. |
| 01:18:04.21 | Kristina Feller | Okay. |
| 01:18:06.40 | Art Gibney | Okay. |
| 01:18:08.40 | Kristina Feller | And, and, um, I know you mentioned you're not on the board now, but, but you were for some time. And so. you would probably have some insight about how often these trees or any other trees or the landscape in general is, is maintained? Is there sort of a regular cycle of, you know, trimming, maintenance, that kind of thing. |
| 01:18:31.90 | Art Gibney | Yes, there is. It's fairly rigorous. We have the, so the Willows, we're in Whiskey Springs subdivision and we but we're separate from Whiskey Springs. And there's a remarkable difference between tree wise between the two, we have a large number of very large trees. And these two that we're talking about are two of them. And we have the property inspected by a consulting arborist twice a year. And we have tree work performed twice a year. And that's been ongoing for 15 years. |
| 01:19:14.46 | Kristina Feller | Yeah, I mean, I assume that's why both these trees are in very healthy condition and why they've grown to be heritage trees is they're maintained. Is that is that fair to say. |
| 01:19:28.77 | Art Gibney | What's the definition of a heritage tree? |
| 01:19:31.71 | Kristina Feller | The definition, it's based on a diameter of sort of the base trunk. And I think Magda has that in her presentation, but they're both considered heritage. |
| 01:19:43.37 | Art Gibney | Okay. |
| 01:19:43.40 | Kristina Feller | Okay. Thank you. which is probably a large part of why it was referred to the planning commission here for the permit. |
| 01:19:52.99 | Art Gibney | Oh, yeah. Oh. |
| 01:19:54.03 | Jeffery Luxenberg | I'm sorry. |
| 01:19:54.19 | Art Gibney | Thank you. |
| 01:19:55.55 | Kristina Feller | All right, thank you, Chair Luxenberg. |
| 01:19:58.44 | Jeffery Luxenberg | Thank you, Commissioner Feller. Commissioner Saad, do you have questions of the applicant? |
| 01:20:04.26 | Nastassya Saad | I would just like to know if the applicant can confirm how many other pine trees are located in your property. |
| 01:20:17.40 | Art Gibney | Well, it depends. The two trees that we are requesting to be removed are Italian stone pines. So we have more Italian stone pines on the property. But we also have other pines on the property. like Monterey pine. |
| 01:20:36.05 | Nastassya Saad | Would you happen to know how many other Italian stone pines |
| 01:20:36.07 | Art Gibney | So- |
| 01:20:40.35 | Nastassya Saad | as well. |
| 01:20:42.43 | Art Gibney | I don't have the exact number, but I would guess at, Six. |
| 01:20:49.53 | Nastassya Saad | And are they roughly, would you have an understanding? And this is why I was asking about the arborist. Would you have any understanding as to the age of all of those? I ask because it does seem specific from what the staff report is saying and what you're describing that it is just these two. that are causing these issues. um, just trying to understand why potentially those other stone pines, are they not as mature or is there any difference that you can articulate perhaps for us? |
| 01:21:20.01 | Art Gibney | My guess is that these trees, all the stone pines were planted when the development was initiated, which was 1978. So that's how old probably they are. Um, Now to your question of why these two, Thank you. It's not only It's not only that tree number one. wrecks cars and tree number two hit a person. The question is why the question that Why do these pine cones fall? And As is mentioned, in the Arborist Report. in your package. It's because of squirrels. So what happens is, The pine cones develop And normally a pine cone in a tree uh, develops as a green hard cone and eventually it dries out and opens and the seeds fall down and then the cone falls down. But it's a springy, soft, nice cone. These are falling. when they're at their heaviest and most dense. And the reason they're falling out of these two trees is that the squirrels are nibbling. This is the arborist, opinion based on evidence. the squirrels, in these two trees, are, gnawing at the stems holding the cones and dropping them. |
| 01:23:02.51 | Nastassya Saad | Thank you, Art, and thank you, Chair. Um, Luxembourg, those are all the questions I have. |
| 01:23:09.46 | Jeffery Luxenberg | Thank you, Commissioner Saad. Vice Chair Junius, do you have questions for the applicant? |
| 01:23:15.18 | Andrew Junius | Yes, thank you, Chair Luxembourg. I'm curious, you mentioned, I'm glad you brought it up, that you you can't afford or don't want to build carports. You've got a number of carports. in your community there at the Willows. it would seem that that's possible. HOA oftentimes have to make expenses and to supplement all. assessments to deal with property issues and it would it seemed to me that that should might have been investigated at some point in the past if you ever considered. covering the cars that are being allegedly damaged here by the trees with a carport. Thank you. |
| 01:23:56.02 | Art Gibney | The cost. the, The space. available there would have doesn't lend itself. Yes, we do have carports at the Willows. |
| 01:24:08.14 | Kristina Feller | you |
| 01:24:09.15 | Art Gibney | the space available there would have to be transformed in a major way to create a carport to begin with. And then there's the cost of a carport. I mean, we're doing special assessments above and beyond the normal monthly assessments. Now every year, every several years to do things like paving and roofs and tubes saddled the HOA, with a carport to protect it from pine cones |
| 01:24:43.32 | Art Gibney | isn't our first priority. |
| 01:24:47.27 | Andrew Junius | Thank you, Chair Luxenberg. |
| 01:24:49.75 | Jeffery Luxenberg | Thank you, Vice Chair Junius. I also had a question. I have a similar question as Commissioner Saad about, you said there were six Italian pines in addition to the two, so a total of eight or a total of six? |
| 01:25:09.17 | Art Gibney | I'm guessing... A total of eight. |
| 01:25:12.01 | Jeffery Luxenberg | Total event. That's it. |
| 01:25:12.84 | Art Gibney | That's an estimate. |
| 01:25:14.99 | Jeffery Luxenberg | I saw at least an additional five. So my question's similar. aren't those going to have the same problem if not today in the future with the squirrels getting up there and knocking? Especially what you called, I think, tree number two. There's like two or three trees right next to it. So why, and those are over the road and where people might walk. Aren't those going to be a problem in the future and a liability issue as well? |
| 01:25:45.64 | Art Gibney | I don't know. |
| 01:25:49.03 | Jeffery Luxenberg | Okay, so you're just doing this for these because incidents have occurred? |
| 01:25:55.95 | Art Gibney | That's correct. And we've been put on notice by Bay Cities And we want to mitigate our liability exposure. Like, |
| 01:26:12.20 | Jeffery Luxenberg | Okay. Do commissioners have any other questions? If so, raise your hand or acknowledge. Commissioner son. |
| 01:26:23.66 | Nastassya Saad | I just have one more question. And again, it's probably better suited for an arborist, but if you have any understanding, I believe the staff report said that if, You know, if they remain, they'll inspect. the cables annually. Do you know what that may achieve. |
| 01:26:42.88 | Art Gibney | what that would achieve. So the cables are installed to enhance the structural stability of the tree of the trees. Um, through the stresses placed on them. corrosion of weather, sometimes cables will break. So, If a cable snaps, I'm not sure. it increases the risk that the tree could split in half. So it's important that the cables are inspected So that the stability of the tree is ensured. |
| 01:27:17.52 | Nastassya Saad | Okay. That was my understanding as well, but I think We may agree. agree then. It's fair to say that they don't have to be able to do that. that has the cable has nothing to do specifically with the pine cones. Does that sound correct to you? Okay. |
| 01:27:32.93 | Jeffery Luxenberg | Yeah. |
| 01:27:35.48 | Nastassya Saad | Thank you. Thank you, Chair Luxenberg. |
| 01:27:37.51 | Jeffery Luxenberg | Thank you, Commissioner Saad. or if there's a commissioner genius. |
| 01:27:43.28 | Andrew Junius | Thank you, Chair Luxenberg. One final question. Do you have an estimate of the cost of removal of these massive trees? Yes. I'm sorry. |
| 01:27:54.02 | Art Gibney | You might share that with us. Certainly. Uh, tree number one, within it, is around $6,000. And tree number two is around $5,000. |
| 01:28:11.07 | Kristina Feller | Just... |
| 01:28:11.52 | Jeffery Luxenberg | any other commissioner fellow. |
| 01:28:13.82 | Kristina Feller | Forgive me, just a follow-on question to that. Does that include removal of the stump, like grinding the stump out or the potential of planting more mature live coastal oak. |
| 01:28:28.15 | Art Gibney | It does include stump grinding. Um, But the replacement tree probably wouldn't be placed right in the center of it. It would be offset because there are very large, massive root system. So we want to... place the new tree as close to the old tree as possible, but probably not zero center. |
| 01:28:54.44 | Kristina Feller | Thank you Chair Luxembourg. |
| 01:28:56.36 | Jeffery Luxenberg | Thank you Commissioner Feller. Are there any other questions from the commissioners? at this point We will go to the hearing public comments. Ms. Gonzalez, you said there was a letter from Sausalito Beautiful. Can you have that posted to the agenda for the record on that letter? Were there any other letters beyond the ones that were part of the original application that have come in since it's been posted? |
| 01:29:30.04 | Contract Planner Gonzalez | Yeah, the other one that I mentioned from the resident at one Willow. which is pretty much the same information she provided and the one that was included Mm-hmm. The staff report and documentation. |
| 01:29:44.05 | Jeffery Luxenberg | Okay, if you could have that one posted as well, just for the record. And at this point, we will open it up for public comment. Director Phipps, if you can help me look forward to see if anybody's raising their hand to make public comment on this item. |
| 01:30:04.18 | Jeffery Luxenberg | I'm not seeing any, or are you seeing any? |
| 01:30:07.62 | Director Phipps | Chair Luxenberg, I'm seeing Jonathan Sandris |
| 01:30:11.10 | Jeffery Luxenberg | Well, Jonathan, you're part of the applicant team, and we're going to give you your nine minutes and 26 seconds to make further comments or respond to questions that have already been raised, or thoughts on the questions and answers that have been raised. So I just want to get the public part. |
| 01:30:31.74 | Director Phipps | Seeing no other raised hands for public comment. Chair, let's go. |
| 01:30:34.17 | Jeffery Luxenberg | Thank you, Director Phipps. So at this point, we'll close public comment, the public hearing portion of this item, and we will give it back to the applicant to make any additional comments that they would like. Art or Jonathan, who would like to go first? |
| 01:30:52.60 | Art Gibney | I will. |
| 01:30:52.90 | Jeffery Luxenberg | Thank you. |
| 01:30:52.93 | Art Gibney | Bye. |
| 01:30:52.97 | Jeffery Luxenberg | Thank you. Thank you, Mark. Go ahead. |
| 01:30:55.63 | Art Gibney | Well, I'd like to just reiterate that We're here to support the application to remove the trees and support the staff recommendation. Um, |
| 01:31:15.31 | Art Gibney | Liability for us is the main driver here. So we, if there was not a permit process, if there was no requirement that we make a permit application to remove the trees. the trees would be removed. So we're coming. to you, to the city, to help us manage our liability. and partner with us. to get us to a place where if there is if there is another incident of personal injury or property damage, We can demonstrate some reasonable action that we took |
| 01:32:09.77 | Jeffery Luxenberg | Thank you. Jonathan, further comments? |
| 01:32:12.92 | Jonathan Moe | Great, thank you. I just wanted to add and address previous questions about it, again, about why these two trees and how are they different from any of the other six-ish trees. |
| 01:32:13.53 | Jeffery Luxenberg | Thank you. |
| 01:32:26.64 | Jonathan Moe | And I would just say, again, the location of those trees is in common walkways or parking areas. So that's why I think all the complaints have centered around those two trees and the other any other trees just haven't generated those kinds of complaints. So and also the issue of healthy treats talking about. whether they're healthy trees, these two are also different, I think, in that they are whether they're older or larger, it's hard to tell, but they're heavily cabled. They each have several cables, as we've talked about, that need maintenance and observation. So That's just something to consider when we're thinking about healthy treats. |
| 01:33:09.47 | Jeffery Luxenberg | Okay, any further comments? You still have seven minutes if you need it or you can waive your additional time. Thank you. |
| 01:33:17.44 | Jonathan Moe | Thank you for your time. |
| 01:33:18.26 | Jeffery Luxenberg | time. |
| 01:33:18.55 | Jonathan Moe | you |
| 01:33:18.58 | Jeffery Luxenberg | Thank you. Thank you. Okay, thank you all. At this point, we'll bring it back up to the dais, but stay around in case there are further questions from the commissioners, both Art and Jonathan. At this point, if we could start maybe with Commissioner Fowler. |
| 01:33:34.55 | Kristina Feller | Sure, thank you, Chair Luxenberg. I understand what the applicant is trying to do here. I would say that having cables on a tree does not equal an unhealthy tree by any means. stretch of the imagination. These are two very healthy trees and as confirmed by the professionals and experts. Personally, I'm struggling with sort of a lack of evidence as to why they really actually need to be removed. These are heritage trees. This is not just, you know, a small little dinky sapling in someone's backyard. These are deemed heritage for a reason and and therefore should be elevated in terms of consideration. I, it's, You know, we have to be careful with precedent setting where there's a lack of evidence of all this damage that we're hearing of. That just leaves the floodgates open for other people taking down heritage trees. And we have to do everything we can to preserve them while still finding a balance, you know, should there be any substantiated issue, but I don't believe that I could make the findings as defined. And so I would not support the approval of this request. Thank you, Chair Luxembourg. |
| 01:35:14.48 | Jeffery Luxenberg | Thank you, Commissioner Fowler, Commissioner Saad. |
| 01:35:19.96 | Nastassya Saad | Thank you. Chair Luxembourg. I completely concur with Commissioner I do think the only acceptable evidence would be that photo from the Bay City's refuse, but it is, uh, To that degree, I can see potentially making the case for one, it is a joint application for both, so I don't know how that might work, but I am having a hard time um, and I'm concerned that without a proper package in front of us that really shows us what we're looking at. And it's not to discredit what the applicant is saying. But when we're here to make a determination that will be on record We do want to do our due diligence to make sure everything is in check. so that future applications can refer to those as well. I'm concerned without having that to move forward. um, And, and make a determination to take out a heritage tree without more evidence as well. with that, I'd be interested to hear what the other commissioners are thinking but at this point I am not able to make the findings comfortably. with this application. |
| 01:36:43.11 | Jeffery Luxenberg | Thank you, Commissioner Saad, Vice Chair Junior. |
| 01:36:46.90 | Andrew Junius | Thank you, Chair Luxenberg. Yeah, you know, let me let me start by saying that I'm extraordinarily sympathetic to the plight of the HOA here. I don't think there's any question. It's difficult to deal with these issues. I know the board has you know, budgets and, you know, Things have to be dealt with on a regular basis. I DON'T KNOW HOW, I DON'T KNOW THE NUMBER OF UNITS IN YOUR COMPLEX, BUT IT'S RELATIVELY LARGE COMPLEX. IT DATES BACK TO THE 70s. THESE ARE MAGNIFICENT, GORGEOUS TREES, AND I KNOW THIS IS, YOU KNOW, IT SOUNDS LIKE THIS what you believe is the last resort to make this application, but There's just a lot of things that in addition to what Commissioner Sotting, Commissioner Feller have been talking about in terms of just evidence, I just look at the totality of the circumstances here. you have an incredibly beautiful community. These trees are part of that community. They're very old. They're as old as your complex. They lend an enormous amount of character to your complex. I think the reason why they're as big as they are to the extent that this has been kind of a nagging problem for you folks in terms of property damage. know it's gone on for 50 years I mean maybe the last 10 or 20 years is when it's really been happening as the trees have gotten really large but you know, there they're really special parts of both your community in the Willows and, you know, Sausalito themselves. I mean, you know, I walked through your community on occasion and I'm fascinated by the wonderful trees you have and you've done such a great job and you've spent so much time caring for them and trying to keep them You know, this just seems just so dramatic in the other direction. I'm just kind of sad for that, that it's come to this. So I just wanted to start with that kind of general comment. The other comment is I was pleased to see that the arborist actually estimated the actual value of those trees, you know, maybe it cost you $10,000 or $15,000 to remove them. They're worth more than $100,000. And that's, I think that's low. These are irreplaceable, enormous, incredible trees that you've cared for for decades. And there's got to be a better way to deal with this problem. This can't be the only way. And that's why I asked about the carport. um, I, you know, I guess I, when I was, when I walked through and I saw the poster, I looked up, I didn't carefully look at your parking situation for, for which, whichever site has got the parking, but that, you know, I got to believe that. You've got plenty of carports in there, just another matching carport for the area where the pine cones occasionally seem to hit the cars. If that's, you know, happening often. And that can't be that expensive. You know, and that's what, you know, I mean, I appreciate that going back to the HOA and saying, look, we might have to build a carport for five parking spaces, Well, maybe you got to do that. You've got a number of spaces of cars that are already covered with car courts in your facility, in your complex. I don't see why you wouldn't try to at least estimate how much that would cost, get that, you know, into your budget. I know that's hard, but again, the, The cost of that versus losing trees that are worth hundreds of thousands of dollars would seem like something you'd want to consider. And so I think I'm with the other commissioners. I can't really make the findings for removal And the specific finding for denial of this permit, which I think would be under 3D, that Leonard Gonzalez referenced, you know, it's really kind of a balancing, you know, the value of this tree to the community IS HIGH IN MY OPINION. and you haven't gone far enough to explain why it has to be removed. if you came back and said it would cost a million dollars to build a carport, and you gave us information And to Chair Feller's point, you gave us tons of data for, you know, 10 years of car damage and people getting hurt. A different story. But you brought us a pretty light case in terms of true evidence. And I don't think you've investigated the car court. angle quite enough. So that's on one side and possibly, you know, a covered walkway for a portion that's under the canopy of the tree. I mean, these things are doable. I really would hope that you would consider them because I think, I'm in agreement with the other commissioners that I can't support the tree removal permit, I'm sorry. |
| 01:41:15.76 | Jeffery Luxenberg | Thank you, Vice Chair Genius. uh, I also feel for the issue that's here. I totally believe that the damage that you've identified is the cost. You know, the cars have been hit and people have been hurt and that is a problem. And it's, but I concur with Commissioner Junius that there's got to be a solution short of removing $100,000 with the trees to solve this problem. So, and I would concur that, you know, for the walkways, it could be a little, you know, if you know where they're falling, generally there could be like a little covering and there might be a carport for that and maybe some other things or maybe there's a way to put some netting in, I don't know the answer. But it did trouble me when I saw the arborist value of the trees and also the arborist clearly says they're healthy. So, you know, if they were dying or they were whatever, then I'd understand. But I have to conclude with the other commissioners on this. At this point, commissioners, what is your pleasure? Does somebody wanna entertain a motion of some sort? |
| 01:42:40.30 | Kristina Feller | I'll make a motion. for your consideration regarding item 6a as it's published on our agenda this evening. I'd like to make a motion to deny. the tree removal permit request for project ID number 202200189. um, based on lack of lack of evidence. |
| 01:43:11.76 | Andrew Junius | second that motion. and specifically state that with respect to FINDING 3D THAT I CANNOT MAKE THAT FINDING WITH RESPECT TO THE BALANCING ACT BETWEEN THE VALUE OF THE TREATS TO THE COMMUNITY AND THE OTHER OPTIONS THAT ARE AVAILABLE TO DEAL WITH THE SITUATION. |
| 01:43:28.34 | Kristina Feller | Agreed. |
| 01:43:30.82 | Jeffery Luxenberg | Any questions on the motion? |
| 01:43:35.58 | Jeffery Luxenberg | I just posit from, I guess from Assistant City Attorney, Rudin, are we better off just citing the issue of 3D, which is the value of the neighborhood is greater than the inconvenience to the owner, rather than suggesting the lack of evidence, because that's a little bit, I mean, I don't know that that's specific enough, or is that, you have any issue with that, the motion being worded that way? |
| 01:44:11.59 | Sergio Rudin | I would suggest that you Phrase the motion as denial based on 3D, the value of the tree, to the neighborhood is greater than the inconvenience to the owner as stated by the owner Vice Chair Junius and additionally in the alternative, you can make other findings that say, for example, the Removal is not necessary to ensure public safety, which is the basis that the applicant has presented to you. if that is your pleasure. So you could phrase it that way. You could just identify that you are unable to make any of the findings in 11.12.030.b1. |
| 01:44:57.71 | Jeffery Luxenberg | 11-12, I have to look at the thing, what's 11-12, which part of the, I thought it was that one. |
| 01:45:04.40 | Sergio Rudin | Uh, In order to grant a tree removal permit, Tree removal or alteration permit must be determined that the removal or alteration is necessary in order to accomplish any one of the following objectives. to ensure public safety as it relates to the health of the potential hazard of life and property. proximity to existing post structures interference with utility or sewers. to allow reasonable good on the property. including sunlight, yada, yada, yada, to take reasonable advantage of views, to pursue good professional practices of forestry or landscape design. So basically you would be finding You know, not only is that there is there a mandatory ground for denial, but there is no ground for approval. |
| 01:45:42.03 | Andrew Junius | Thank you. |
| 01:45:42.13 | Jeffery Luxenberg | Okay. |
| 01:45:42.95 | Andrew Junius | Oh. |
| 01:45:43.28 | Sergio Rudin | Thank you. |
| 01:45:43.31 | Andrew Junius | If the record should specifically refer reflected, there's not enough evidence has been presented to support any of those findings for removal. |
| 01:45:43.34 | Sergio Rudin | the record |
| 01:45:51.56 | Andrew Junius | Is that fair, Chair or Commissioner Fallon? |
| 01:45:53.99 | Kristina Feller | Yes, I agree with that. I agree with that amendment and support that motion. |
| 01:45:59.51 | Jeffery Luxenberg | Okay, so the motion has been amended to reflect the conditions that the conditions for approval have not been made and then the condition for denial of 3D will be also specified. And that's the person made the second agrees with the amendments. |
| 01:46:25.51 | Jeffery Luxenberg | With that, Director Phipps, can you call the roll on this item? |
| 01:46:33.80 | Director Phipps | Certainly. Thank you, Chair Luxenberg. Commissioner Sutt. |
| 01:46:38.10 | Nastassya Saad | Yes. |
| 01:46:39.69 | Director Phipps | Sure, Luxembourg. Yes. Vice Chair Junius. Yes. Commissioner Feller. |
| 01:46:46.88 | Nastassya Saad | Yes. |
| 01:46:48.52 | Director Phipps | Motion carries. |
| 01:46:48.97 | Jeffery Luxenberg | is, |
| 01:46:49.19 | Director Phipps | Yeah. |
| 01:46:49.24 | Jeffery Luxenberg | Thank you. Ah, Art and Jonathan, thank you for your time this evening. |
| 01:46:56.07 | Art Gibney | Thank you. Thank you for your time. |
| 01:47:01.37 | Jeffery Luxenberg | With that, we are going to move on to item 6B. Before we do that, I missed one item that I would like to go back to. For the sake of the public hearings, if each commissioner has any ex parte communications related to the public hearing portion of our hearing this evening, if they could so state. Oh. uh, commissioner Feller. |
| 01:47:30.30 | Kristina Feller | I have no ex parte communications to declare. |
| 01:47:34.79 | Jeffery Luxenberg | Thank you. |
| 01:47:37.05 | Kristina Feller | Nothing to declare. |
| 01:47:38.48 | Jeffery Luxenberg | Thank you. Vice Chair Junior. into the |
| 01:47:41.98 | Andrew Junius | Thank you. |
| 01:47:42.72 | Jeffery Luxenberg | And I also have nothing to declare. Thank you all. I apologize that came out slightly out of order. At this point, we're going to go to item 6B, which is a public hearing about 3 Curry Avenue. I will turn it over to Director Phipps to initiate that item. Thank you. |
| 01:48:04.20 | Director Phipps | Thank you, Chair Luxenberg. And I will pass the mic to contract planner Magda Gonzalez to present. |
| 01:48:15.29 | Magda Gonzalez | Sorry, give me just a second to share my screen. |
| 01:48:25.53 | Magda Gonzalez | Thank you. |
| 01:48:25.55 | Contract Planner Gonzalez | The item that I am presenting to you today is a request for 3 Curry Avenue. the Hudson residents. The applicant is Melissa Kim with Poutre Architects. and the property owner is Mr. William Hudson. I request this approval of a design review permit A CONDITIONAL USE PERMIT AND AN ENCOURAGEMENT AGREEMENT. the design review, um, request. includes the remodeling the existing residents adding dormers. replacing windows and doors. Adding a walkway. adding a new interior layout to the existing residents. expanding the stone patio and adding a grass grow. in the driveway. which currently fits one. or two vehicles depending on the type of vehicle. and to accommodate three to four vehicles and demolishing the existing detached garage which is currently 504 square foot. and adding building a new one, which would be 640. five square foot. the existing garage. THE PROPERTY LINE ON TO THE RIGHT-AWAY. THIS NEW PROPOSAL WILL CORRECT THAT AND A NEW The garage will be built within pretty much the same footprint, but it will push it back and it won't EXTENDING TO THE RIGHT-O-WAY AS MUCH AS existing garage does. |
| 01:49:59.02 | Contract Planner Gonzalez | The conditional use permit is for 1,843 square foot additional accessory drawing unit. which will be partially located above the proposed garage. The first level is 1,360. AND THE FAMILY IS It will have a workshop and a kitchen. The second floor would be a one bedroom and one bath. and the height would be 20 feet, which is the same height as the primary residence. A conditional use permit is required for any deviation from what is currently approved or Permit it. and municipal code. a one bedroom, one bath or studio, ADU. is allowed 850 square feet. and a height of 16 feet, as you can see, this one exceeds that. Um, AS PART OF THE CONDITIONAL USE PERMIT APPROVAL. It is also required that the applicant record a affordable rental agreement. THE PROPERTY OWNER HAS MET WITH STAFF AND CITY COUNCIL legal counsel to discuss this and it's an agreement. and he will record this 10 year. very low income rental agreement. PRIOR TO OBTAINING A CERTIFICATE OF COMPLIANCE Building division. I also wanna note that although this ADU seems rather large. THE PARCEL THAT IT WOULD BE LOCATED ON IS 12,000. than 35 square feet, which is one of the larger parcels. and where they're proposing. to locate it. It wouldn't impact youth from the neighbors, the neighbor to the side, which is Southern Curry and the one in the rear. are at a higher level than where this property sits. |
| 01:51:59.45 | Contract Planner Gonzalez | There's an encouragement agreement already in place for the retaining wall adjacent to the garage. And they obtained the property obtained an approach agreement to remove and replace that one back in 2014. this The request is for two retaining walls. One will be adjacent to the garage as circled here. That one will be 10 feet tall. and then the one standing in front of the property of the residence. would have varying heights from three feet, six inches to six, but eight inches. And it is. it wouldn't be visible to the property owner, to the surrounding property. because there's I'm not sure if you can see there's this light GRAY LINE MY CURSOR. over that's an existing fence. So as you can tell the property that retaining wall sits further back. And as I previously mentioned, the driveway would be widened. It currently allows The current width of the. Driveways 12 feet, seven inches. proposing towards. widen it to 16 feet. end. TO, UM, CLEARLY DESIGNATE PARKING. for, on the driveway. The current driveway doesn't have specific Um, parking designated it's kind of odd shaped, so this would CORRECT IT AND REDESIGN IT TO to easily accommodate that parking. The granting of the encouragement agreement would not send any negative precedent. As you can see by this list, there are a number encroachment agreement that have been on the current for various uses. including a driveway ramp with two tandem parking spaces, parking deck. a deck replacement, two-car garage fronting the street. the fence, the gate, trash and closure, retaining wall, and stairway and retaining wall and concrete stairs as well. |
| 01:54:19.94 | Contract Planner Gonzalez | The color scheme of the proposed ADU would be the same as the existing dwelling. The materials that they're proposing are staff link, Red shingles. |
| 01:54:35.75 | Contract Planner Gonzalez | As shown on the picture on the left hand side, the picture in the middle is of an existing mechanical room That's the same color scheme that they're proposing for the new ADU, matches the existing residents. This stone is what they're proposing on the stone patio. And you can see the wood siding, the painted windows, and door casings. These are some pictures of the story polls. On the left hand side, you can see the or Bye. flat roof of the existing garage. and the story polls for the proposed ADU. On the right-hand side, those are the story poles for the dormers. They look like they would be a little bit higher than the roof, but that's just a bad angle for that picture. On the left hand side is another picture showing you the view towards Seven Curry. As you can tell by this picture, Seven Curry is, |
| 01:55:36.25 | William Hudson | Thank you. |
| 01:55:36.43 | Nastassya Saad | Thank you. |
| 01:55:36.47 | William Hudson | Thank you. |
| 01:55:37.60 | Contract Planner Gonzalez | sitting at a higher level than IS three queries therefore the views wouldn't impact it. And it's even the proposed ADUs SITTING AT A LOWER LEVEL THAN THE EXISTING BACKGROUND. shown right here at the corner of this |
| 01:55:52.56 | Kristina Feller | Thank you. right? |
| 01:55:53.68 | Contract Planner Gonzalez | Thank you. |
| 01:55:53.73 | Kristina Feller | Sure. |
| 01:55:56.28 | Contract Planner Gonzalez | On the right hand side, you'll see another angle of the proposed ADU and reference this gentleman. On the left-hand side of this picture is the existing deck on the property, as I previously mentioned. You can see the story poll said lower than the existing deck. AND ON THE RIGHT HAND SIDE, THAT IS THE VIEW. to another direction, as you can see, will not obstruct any views from the. property, sorry, and the property owner. This item was taken to the Historic Preservation Commission on November 3rd. where the commission concurred with staff and determine that the property does not qualify as a historical resource according to the criteria contained in public resource code section 21084.1 in Title 14. Um, CALIFORNIA COULD OF REGULATIONS SECTION 150. 6.4.5. Also the project is exempt from the California Environmental Quality Act pursuant to section one I know. THANK YOU. 15303. I do want to note that I received a letter. from the property owner at 7 Curry. She had concerns regarding traffic, parking, and noise. I reached out to her of times to discuss the items. She didn't go into further detail But the property owner did provide a letter from his general contractor. INDICATING THE measure that they will take during construction and that they are proposing to carpool meeting for the or employees to meet somewhere else and carpool one vehicle to the site as to not obstruct you're going parking and that they'll conduct their operations during regular business hours that are allowed on the And that letter was provided to I didn't hear anything from her after that. She just requested to know when she was uh, funding commission hearing was going to take place. For a summary of the... findings. The project is consistent with the general plan for the neighborhood. It is an overall enhancement of the existing side feature. and the proposal maintains a design character of the neighborhood and district. As exterior of the existing main house will remain the same in the new accessory dwelling unit will be built in the same character of the main house. The design and location of the project maintains adequate light and air for the project site adjacent properties, and the general public to landscaping, fencing. administration deck configuration. are all within the style of the existing house. And the large size of the parcel can easily accommodate the proposed size and the height of the ADU. without significantly adversely affecting the views, privacy or access to light, air, of neighborhood property. Also, the proposed encroachment is compatible with the surrounding area and will not diminish visual or physical enjoyment of the streets. |
| 01:59:27.16 | Contract Planner Gonzalez | Thank you. that the planning commission adopt the resolution to approve the design review permit the conditionings permit. And the encroachment agreement for the project as proposed subject to the conditions of approval. Alternatively, the Planning Commission may continue the hearing for additional information and or PROJECT REVISIONS. or direct staff to prepare a solution for denial stating reasons. any one or more of the findings can not be made. That concludes my presentation. The applicant. Melissa Kim is on the call as well as the property owner, Mr. Willard Hudson. |
| 02:00:11.31 | Jeffery Luxenberg | Thank you, Ms. Gonzalez. I want to thank you for your report and also this was posted for the prior meeting that it needed to be canceled and that allowed time to get comments in and questions and clarifications which you were you then got your report reposted with those corrections. So I appreciate you doing that. At this point, it will be time for questions from staff. I will start with Commissioner... Appreciate you doing that. At this point, it will be time for questions from staff. I will start with Commissioner Saad. |
| 02:00:47.66 | Nastassya Saad | Thank you, Chair Luxenberg. Thank you, Magda, for the report. Could you please explain just so I am understanding for the encroachment permits, what's the relation between the new encroachment permit and the one that they have previously YOU ARE TOO. |
| 02:01:06.03 | Contract Planner Gonzalez | that for me. |
| 02:01:07.81 | Nastassya Saad | Thank you. |
| 02:01:07.82 | Contract Planner Gonzalez | Yeah. of, THE NEW RETAINING WALL WOULD BE THE ONE LOCATED AT THE FRONT OF the property. THE EXISTING WALL WILL BE MODIFIED AND THAT'S THE ONE ON the side of the grok. |
| 02:01:21.98 | Nastassya Saad | would you mind pulling up your presentation and I just want to see it was one of your earlier slides where you did have the encroachment conversation happening. Yeah, give me just a second. |
| 02:01:52.68 | Nastassya Saad | That's the one. |
| 02:01:56.86 | Nastassya Saad | I might have misheard you. And so that could be where I'm having an a hard time wrapping my head around it. Did you say, could you go over what you said on this slide? You had said that there was, that the the line that's behind Um, Is that where the encroachment is currently? So it's |
| 02:02:19.04 | Contract Planner Gonzalez | this. line right here is a property line. |
| 02:02:20.88 | Magda Gonzalez | Mm-hmm. Okay. |
| 02:02:22.39 | Contract Planner Gonzalez | This circle here is labeling the PROPOSED. retaining wall. There's a retaining wall here, but it's going to be modified. And this is the new retaining wall. this. Um, area highlighted in yellow and the bottom is a new retaining wall. And what I had mentioned, which probably caused confusion was that line where my cursor is IT'S OFFENSE. I WANTED TO INDICATE THAT THE RETAINING WALL WOULDN'T BE CONVERSATIONS TO BE INVOLVED to other neighbors because there's already vegetation and offense on Thank you. |
| 02:03:05.00 | Nastassya Saad | And... |
| 02:03:05.34 | Contract Planner Gonzalez | Thank you. Thank you. |
| 02:03:05.73 | Nastassya Saad | you |
| 02:03:05.78 | Contract Planner Gonzalez | Thank you. |
| 02:03:06.45 | Nastassya Saad | And is that fence then, if that property line is back there, is that fence currently within an encroachment? |
| 02:03:15.21 | Contract Planner Gonzalez | I didn't find any encroachment specific to the fence, but I imagine it is because It has been there for a while. I also couldn't find the original ENCOURAGE MENT AGREEMENT FOR THE RETAINING WALL ADJACENT TO THE to the garage, I just found this newer one from 2014. TO REMOVE IT AND REPLACE IT. |
| 02:03:39.33 | Nastassya Saad | Okay, and I think maybe if the applicant is here, I can ask the applicant. I think I'm having a little bit of a hard time rectifying Hello, commissioners can correct me that the property line is, all the way back there and there's an existing fence, but I wasn't I don't believe I saw offense being included in any existing So the current encroachment permit that's in front of us this evening does not cover this. the line that you were just showing us, correct, with that fence? |
| 02:04:07.14 | Contract Planner Gonzalez | Thank you. |
| 02:04:07.15 | Nastassya Saad | They access. |
| 02:04:07.71 | Contract Planner Gonzalez | No. |
| 02:04:08.42 | Nastassya Saad | No. Thank you. Okay. Okay, I just want to make sure I'm following all that. |
| 02:04:11.93 | Nastassya Saad | Yeah. |
| 02:04:12.13 | Nastassya Saad | Um, And then thank you. Thank you, Magda, for showing that. Um, And I did have one. question. And it's a little nitpicky, but I was So the ADUs to be 1,843 and I saw that in more than one place, but I did see on page six. So I believe that's what it says in this, the conditions of approval It has the breakout of 1,340 for the lower level and 503. which adds up. But in the staff report, I believe. on page. three. I saw some different numbers. So I just wanted to make sure We're all looking at the correct So under the conditional use permit on the staff report on page three, sort of halfway down that big chunk. of texts. It says the applicant is proposing 1,843 square foot ADU. And then it has a different, Um, square footage for the first level. has 1,000 and 62 square feet. FEE. And then it has the, same 503 square feet on the second level. So I just wanna make sure So we're definitely saying that the ADU 1800, 1843. Square feet, is that correct? |
| 02:05:47.56 | Contract Planner Gonzalez | That is correct. There should have been, that was a typo on my part, and I should have corrected, I believe I thought I had on the latest version of the staff report. |
| 02:05:57.84 | Nastassya Saad | Okay. Okay, so we'll move forward with understanding it's definitely the 1800s. 1,843 square feet. Um, And I think actually those were all the questions that I had for staff at this time. Thank you. . Chair Luxenberg. |
| 02:06:15.29 | Jeffery Luxenberg | Thank you, Commissioner Saad. Commissioner Peller, would you have any questions of this staff? |
| 02:06:24.84 | Kristina Feller | Thank you, Chair Luxenberg and Magna. Thank you also for the presentation. I do have a couple of questions here. And the first round is sort of around dates of drawings versus dates of comments. I just want to make sure that what we're looking at Um, because in attachment seven, the Southern Marine fire conditions of approval are based on drawings of from May. And, If I'm looking at this correctly, which, you know, again, I might not be, but you need to help help me here. The project calculations are completely different than what's on the drawings that we see in front of us here. And, um, I guess the vegetation management plan is not approved yet, or I don't know if there's a better planting, plan that we have, but can you just help me understand If those comments in attachment seven apply to what we're looking at here, because these plans are dated September 1st. |
| 02:07:36.86 | Contract Planner Gonzalez | They do apply. Every time I've received any revisions, I always forward it to DPW and fire again, they won't change their comments if the same comments apply. |
| 02:07:48.62 | Kristina Feller | Okay. The. project square footages look really different. It says existing square footage is 1415 and the proposed is 4207. I mean that's totally different than what we've been talking about. So I just want to make sure We're clear, you know, for any action that the commission takes tonight, we have to be very clear you know, what conveys and what is maybe out of date and what needs to be fixed or revised. So can you help me understand this? |
| 02:08:33.97 | Contract Planner Gonzalez | Yeah, I can definitely ask them to revise that specific section, but the same condition apply to the proposal as it was before and when they was revised. |
| 02:08:47.11 | Kristina Feller | Okay, because that's a huge difference of square footage. And I, you know, I'm not here to say which one's right or wrong. I just want to make sure that everything's out of care. |
| 02:08:57.62 | Magda Gonzalez | Yeah. |
| 02:08:58.48 | Kristina Feller | Okay. The other thing is when were the story polls certified? |
| 02:09:05.77 | Magda Gonzalez | Let me look at the document. |
| 02:09:31.80 | Magda Gonzalez | I SAW SEPTEMBER |
| 02:09:32.98 | Contract Planner Gonzalez | Thank you. |
| 02:09:33.03 | Magda Gonzalez | eight. |
| 02:09:33.36 | Contract Planner Gonzalez | Thank you. |
| 02:09:33.38 | Magda Gonzalez | Thank you. |
| 02:09:34.55 | Contract Planner Gonzalez | Okay. Of 2022. |
| 02:09:36.20 | Kristina Feller | Okay, great. And there have been no modifications since then. |
| 02:09:40.39 | Magda Gonzalez | No, ma'am. |
| 02:09:41.21 | Kristina Feller | Okay, great. Thank you for that. And then I, um, The site plan that you were just looking at with Commissioner Saad, identified what I believed to have been two parking spots in the driveway that you had mentioned that there was space for four. It doesn't look like there's a lot of space for four, but maybe, maybe there is. Can you confirm if there's space for four or if there's only space for two based on the drawing? |
| 02:10:18.34 | Contract Planner Gonzalez | It would depend on the type of vehicle we're assuming. They will use the two designated ones and then the other area of the driveway for parking as well. |
| 02:10:29.69 | Kristina Feller | Okay. So on the site plan, you have two spots identified. |
| 02:10:37.40 | Magda Gonzalez | All right. |
| 02:10:38.52 | Kristina Feller | and then you would just tandem park behind those two other cars? |
| 02:10:42.70 | Magda Gonzalez | Yeah. |
| 02:10:43.73 | Kristina Feller | Okay. And what is the requirement for parking for that accessory dwelling unit then? Is it two spots, I'm assuming? |
| 02:10:53.47 | Contract Planner Gonzalez | There is no parking required because it is within half a mile public transportation. |
| 02:11:00.83 | Kristina Feller | Oh, okay, okay. which public transportation spot. |
| 02:11:06.41 | Contract Planner Gonzalez | There are two stops, one on Bridgeway and Pine Street and Bridgeway and Turney Street. |
| 02:11:13.30 | Kristina Feller | Okay. All right. Cool. All right. That's, that's, I'm, I'm glad you've clarified that. That's good to know. And then, you know, there's been, you know, I walked past this property quite a lot and certainly did. Um, more often during COVID for your own sanity purposes, walking around the neighborhood, Um, There's been an ongoing tons of work on this property. Can you please for the record, give us the chronology and history of all the ongoing work, what was permitted, what isn't permitted, what part of these permits are sort of making up for maybe work that wasn't permitted and I don't know maybe it was all permitted so please forgive me but there's been quite a lot of activity on on this property. And so I'm trying to understand what work has already been completed that was permitted and what is really going on over there. |
| 02:12:20.53 | Contract Planner Gonzalez | I am not aware of any unpermitted work. I am personally not aware of any. My understanding is that they had permits for the structures that are on there. |
| 02:12:33.96 | Kristina Feller | So what permits in the recent history were pulled on this property? |
| 02:12:41.82 | Magda Gonzalez | Just a second. |
| 02:13:08.22 | Contract Planner Gonzalez | I'M SORRY, I CAN'T FIND MY NOTES WITH THE PERMITTED WORK. with the history of the PERMIT FOR THIS PROPERTY. |
| 02:13:17.18 | Kristina Feller | Okay, well, maybe you can continue looking. I don't want to hold up my fellow commissioners or the applicant or this whole hearing for that, but maybe if you can keep looking as we keep going on. |
| 02:13:21.67 | Magda Gonzalez | Yeah. |
| 02:13:34.95 | Kristina Feller | So, you know what, thank you Chair Luxenberg. Those are my questions for now. I'll wait to hear back from Magda on the rest of it. Thank you. |
| 02:13:45.60 | Jeffery Luxenberg | Commissioner Feller, thank you. Vice Chair Junius, do you have questions of staff? |
| 02:13:53.71 | Andrew Junius | No questions for TAP. Thank you. |
| 02:13:55.67 | Jeffery Luxenberg | OK, thank you. At this point, Ms. Gonzalez, we're gonna move on to the applicant I note in your staff report I just noticed this the property owner is William Hudson and the applicant is Melissa Kim with Sutro Architects on behalf of the owner you have the property owner listed under project information as Melissa Kim so if you could correct that to William Hudson if that's the correct item. |
| 02:14:27.87 | Contract Planner Gonzalez | Yeah, I thought that was corrected as well, but yes, I will correct that. |
| 02:14:31.80 | Jeffery Luxenberg | Okay, that would be good. Commissioner Sada, additional questions of staff? |
| 02:14:36.24 | Nastassya Saad | you know what, I was just scanning really quick and I haven't double checked this, but Um, at the top. of the staff report that I just lost. I believe it just says, Uh, The authority for the conditional use permit zoning ordinance 10.46040. pretty sure that's historic preservation I won't hold us up either, but we might just wanna double check that in the municipal code and correct that |
| 02:15:10.70 | Jeffery Luxenberg | and the other |
| 02:15:12.11 | Nastassya Saad | up at the top. |
| 02:15:12.13 | Jeffery Luxenberg | up at the top. to be. |
| 02:15:13.18 | Nastassya Saad | page, page one under the authority. of the staff report. I was just looking for something else and it just caught my eye. And I just, I believe 10.46 is, historic preservation. conditional use permit, off the top of my head, but I feel like something might be off So we might just want to double check that |
| 02:15:34.94 | Jeffery Luxenberg | Ms. Gonzalez, any comment on that issue? Or you'll check that out? |
| 02:15:42.07 | Contract Planner Gonzalez | Yes, I'll check that right now. |
| 02:15:43.65 | Jeffery Luxenberg | Okay, thank you. At this point, we'd like to get a presentation from the applicant. Does Ms. Kim, do you want to do it on behalf of the owner? Would the owner like to start? You have 15 minutes to make a presentation. Who would like to start? |
| 02:16:06.37 | Jeffery Luxenberg | Zoom team, can you unmute both Mr. Hudson and... Is Mr. Hudson on the call? |
| 02:16:17.47 | Melissa Kim | He is, and Stephen Sutro from our office is as well. |
| 02:16:20.31 | Jeffery Luxenberg | Thank you. Okay. I don't see Mr. Hudson's video, but can we unmute Mr. Hudson's? |
| 02:16:36.22 | William Hudson | Hi there. Nice to be here. |
| 02:16:39.36 | Jeffery Luxenberg | Okay, thank you very much, Mr. Austin. So at this point, Ms. Kim and who Mr. Sutro who who's going to be doing the presentation. |
| 02:16:51.69 | Stephen Sutro | I'm happy to give a brief presentation. Magda, if you would put up the drawings again, starting with the site plan, and we can just go to an extra elevation after that, I'll make it brief. |
| 02:17:02.93 | Contract Planner Gonzalez | Yeah, can you just a sec? |
| 02:17:05.72 | Stephen Sutro | Though the property is not found to be a historic resource, we're treating it almost as if it were. The project proposed for the house is to preserve the architecture as it stands, with the exception of adding dormers on the roofline to get more head height in the cramped attic space. But we'll is really interested in the existing charm of the house and preserving that charm, both in terms of form and material. So you saw the materials board, we're keeping the longer kind of historic shakes and with the contrasting color, dark trim, green trim and stone. And the idea for the ADU, so he's expanding the home in the basement, rearranging a little bit of the spaces inside and creating a little bit more head height in the attic. And then the ADU, the driveway is very narrow, is not paved, is not really functioning. So we're trying to make the driveway safe and the mouth driveway safe, make the garage function. It's an old kind of carriage-y kind of thing. And then Will wanted to create more space, like the idea of creating an ADU to increase housing stock and create flexibility for the use of the property. And so, is using the idea of the ABU to create that flexibility. And the architecture of it is meant to be compatible with the main house. And so the palette matches, the details match by and large. And so that's the gist of it, where we separate it, the garage needs to be replaced because it's falling down. And so trying to consolidate the construction effort and trying to consolidate the construction effort. trying to be respectful of the existing house by giving it some space. And so the outdoor courtyard that is there and would be modified a little bit, kind of creates an outdoor room that seems kind of charming in the hillside, responding to the topography. The hill gets quite steep in the back half of the lot. And there is no retaining wall on the uphill side of the driveway, as Magda mentioned. So we're making a retaining wall there to shore up the driveway. And similarly at the bottom edge of the driveway, the bottom hand of the drawing, making the driveway competent there so it doesn't fall down. And otherwise we're trying to kind of use the property in the same way that it has historically been used. And to answer a commissioner's question about what has been under construction for such a long time. I understand the sense of frustration about what the neighbors have had and the community has had about the construction. We are not the authors, me meaning Stephen and Melissa. We are the architect for this project. We are not the architect for the previous phase. The previous phase was the deck that's up at the top of the property. And there is a small bathroom steam room on that deck. And that was done with a contractor with whom Will has had, you know, kind of a touch and go relationship. It's been a long process for Will. And he's looking forward to working with a builder that is very organized for this phase. So he regrets that it's taken so long and hopes to change that and finish the scope of work necessary to fix the property and make it stable in an efficient way. Um, so that's, that's all that we have to talk about unless there are questions from the commission. |
| 02:21:25.79 | Jeffery Luxenberg | Okay, you have 10 minutes and 40 seconds if the Zoom team can stop the clock. THAT YOU CAN, AFTER THE PUBLIC HEARING, RESPOND TO COMMENTS OR RESPOND TO COMMISSIONER'S COMMENTS. COMMISSIONER'S QUESTIONS ARE NOT PART OF YOUR 10-MINUTE, YOUR OVERALL 15-MINUTE PRESENTATION. |
| 02:21:32.27 | Stephen Sutro | all the time. |
| 02:21:45.08 | Stephen Sutro | Thank you all. |
| 02:21:45.17 | Jeffery Luxenberg | Thank you. Thank you. Oh. AT THIS POINT I WILL ASK COMMISSIONERS FOR Any questions that they have, I'll start with Commissioner Saad. |
| 02:22:00.02 | Nastassya Saad | Thank you. Thank you for the presentation. Would you be able to comment perhaps on the question that I answered specific to the encroachment permit that Magda had shown us, and just help me understand what I'm, looking at from that fence line to the property line And I know if you didn't have previous involvement, but do you know if that encroachment permit that you guys are seeking tonight has anything to do with that fence? |
| 02:22:22.80 | William Hudson | Thank you. |
| 02:22:22.83 | Stephen Sutro | Sure. |
| 02:22:29.45 | Nastassya Saad | or if there's anything existing. |
| 02:22:29.80 | Stephen Sutro | Thank you. No, if you look at the street view, it's a grape stake fence that is very old and really, you know, charming and nice looking. It's not part of the scope of work to alter the fence. And I don't know. I'm sorry if I should. I don't know if it was part of a previous encroachment permit request ever historically. It predates a lot of stuff and maybe it predates the process of encroachment permit asks. I don't know. |
| 02:23:02.40 | Nastassya Saad | Okay, so just to re-articulate, |
| 02:23:02.74 | Stephen Sutro | So just to re-artigate. |
| 02:23:04.90 | Nastassya Saad | Okay, it's completely out of scope for Thank you. for what you're looking to achieve. |
| 02:23:08.68 | Stephen Sutro | It's wonderful and charming and the intention is for it to stay. Okay. |
| 02:23:13.94 | Nastassya Saad | Understood. Thank you. Um, And then In terms of the. ADU, I totally understand that it is a large parcel and there's an opportunity there. could you articulate further on the intent for such a large Um, ADU, it is almost, I think, a thousand. feed. over the years. normal limit. Is there any other that you can speak to outside of just being a large parcel? |
| 02:23:44.37 | Stephen Sutro | Yeah. Yeah. Um, it's, well, it's not because maybe it's appropriate that Will wants to do a kind of, it's because the house is so small in that the house is quite small on a square footage basis. and Will is looking to have friends or family or grow a family and not to get his beeswax too much. But the house can't sustain much in that way in terms of if you begin to have a child or a couple children, the house kind of bursts really quickly. And so the way to add on to the house would be to do so at the rear where there are gnarly retaining walls in the hillside. Or to blow it up, you know, to just remove it and make it a much bigger house or something. And Will's really in love with the charm of the house. And so it's really to create some flexibility for guests or family that wants to live there on a shorter or long-term basis. Or if he decides to have children with my pressure, then he has a place for other activities. It's labeled as partly a workshop because he envisions doing art in there and working on tinkering with things. He's kind of a bike maker and inventor. And so it's just to create more house kind of, but in a way that's in alignment, I think, with the goals of statewide ADU creation and use. So that there's a piece of housing stock that will be used for mother when she's elderly, perhaps, or folks in the family, or short-term guests, or can be rented at some point, that kind of thing. So for us as an architectural design challenge, it was like, how can we get more space and make it feel nicely nestled into the site without ruining the artistic nature of the existing residents? Yeah. |
| 02:25:48.07 | Nastassya Saad | Thank you. Thank you. Appreciate the background there. And I just wanted to ask a bit on Commissioner So you should calling her chair Feller, commissioner Feller's. question um she brought something up that I was also trying to understand in terms of the parking, just from a safety aspect, did to... Ms. Gonzalez explained that correctly. Are we understanding that with the widening or the accommodation for up to four cars, Are they intended to be parked? in tandem in that way. just wondering about the egress, you know, and safety and turnaround. |
| 02:26:26.78 | Stephen Sutro | Yeah. There's no, it's not designed to be able to turn around and then head out frontwards in the driveway. There's just not enough room, we believe. But the garage is wide enough for two cars. And there could be two cars parked behind that. And so the idea is that the occupants of the house would park in the garage, you know, hopefully, or if there's overflow or more, that they would park behind. And then if you had a function or friends over, that they would be able to pull one car or two cars off the street so to not burden the very few precious parking spaces that are along the street there. That's the idea. |
| 02:27:11.04 | Nastassya Saad | Thank you. Okay, and I'll have to refer back, I think, to any conditions from Southern Marin Fire, but did they have any comments that, anyone can think of in terms of that setup. |
| 02:27:21.70 | Stephen Sutro | They have enough hose length and access, so they don't need to get on the property and turn around or anything. The driveway is 12 feet wide, I think, right now, as Magda said. And so the idea of widening is to be able to get in independently in terms of two narrow lanes so that two cars can park side by side, both in the garage and then outside the garage. |
| 02:27:42.14 | Nastassya Saad | Okay. All right. Thank you. Thank you, Chair Luxembourg. That's all I have for now. |
| 02:27:46.92 | Jeffery Luxenberg | Thank you, Commissioner Saad. I was doing a different order. Commissioner Vice Chair Junius, any questions? |
| 02:27:55.15 | Andrew Junius | No question for the project team at the moment. |
| 02:27:57.53 | Jeffery Luxenberg | Thank you. Commissioner Feller, do you have questions of the applicant? |
| 02:28:03.96 | Kristina Feller | Thank you for your, thank you Chair Luxenberg and thank you for some of the discussion and explanation of the project. I just wanted to kind of follow along on Commissioner Saad's issue about the parking Um, only to try to understand, I mean, that's a pretty steep driveway and you have, you know, pretty steep. streets with a lot of traffic going up and down and sort of that hair turn, you know, the hairpin turn. trying to get up through Montemar and then probably to the highway or something. Um, I think we have to be realistic about you know, what kind of parking you can really accommodate on that driveway reasonably, safely, without several cars pulling out into a very narrow, busy street and so on. So I'm not... I think four cars is probably pushing it. I mean, maybe if you know you're away on holiday and no one's using them, you can leave them there. But I think I think being tandem on something so steep and then on the street that's equally as steep is not, that's not overly realistic. |
| 02:29:25.45 | Kristina Feller | Agree. Totally agree. Yeah. |
| 02:29:27.42 | Kristina Feller | Yeah. But I'm assuming that you've looked at that and |
| 02:29:33.40 | Stephen Sutro | Yeah, it's not that the intent isn't to, that would be, I guess, two, four, six cars jammed in there. That's kind of like a tailgating situation. You know, it's really for the two cars to be able to park in the garage and then be able to get out. And then if someone comes over there, they can park behind the garage. And if you're really jamming people in, you can at least have one or two more cars without burping the neighborhood, you know. |
| 02:29:59.32 | Kristina Feller | Yeah. Did you Am I correct in that this particular ADU this owner is trying to designate as very low income. Am I saying that correctly? |
| 02:30:16.66 | Melissa Kim | Yeah. |
| 02:30:17.14 | Stephen Sutro | Thank you. |
| 02:30:18.55 | Kristina Feller | Okay, but you said it's being used for his family? |
| 02:30:23.47 | Stephen Sutro | It will be used, who knows, meaning as sometimes by Will himself, sometimes by guests. It could be rented in the future. There's no specific designation. But I think that recording it in this fashion requires that it not be rented out at market rate. Right. |
| 02:30:45.22 | Kristina Feller | That's true. |
| 02:30:45.60 | Kristina Feller | Thank you. Yeah. Yes, that is true. |
| 02:30:47.80 | Melissa Kim | them. So in the case that we'll rent it out, we would we would be, we have chosen the tenure option. So the very low market rate because he doesn't have a particular interest in You know, he would like to contribute it at the ADU as accessible housing. for the community. But it's not his intention to build it and then directly rent it right away. |
| 02:31:18.31 | Kristina Feller | Okay. You know, I'm gonna defer to our city attorney and our director CDD about what those, parameters are. I mean, obviously, as a member of the housing element, you know, every little bit helps. And so we appreciate accessory dwelling units and particularly those that are designated for very low income because those are many times the hardest to build. So we take those designations pretty seriously and expect them to be used for their designated use. But I will defer to Director Phipps if he has any further direction in that regard or any parameters that this commission should be aware of. |
| 02:31:45.43 | William Hudson | out. |
| 02:32:04.09 | Director Phipps | Thank you, Commissioner Keller. So I think that, you know, most important comment in connection with this application is that City of Sausalito needs additional housing units to help to satisfy our RENA requirements and meet the requirements of the housing element. As far as the wrinkles associated with the affordable housing deed restriction, In the case that applicant owner is interested in having a family member or, you know, expanded family members reside in that unit, I think that I would want to defer to city attorney regarding compliance with deed restriction. Sergio, if you have any comment, I'd appreciate that. |
| 02:32:52.15 | Sergio Rudin | Yeah, the the the post family member would need to meet the affordability requirements in the deed restriction. So if they are not |
| 02:32:57.87 | Director Phipps | Right. |
| 02:33:00.69 | Sergio Rudin | you know, a person of means that are, um, meeting the affordability requirements to reside in that residence, they couldn't. And he cannot use or rent out or occupy that unless he himself |
| 02:33:11.37 | Nastassya Saad | Yeah. |
| 02:33:18.31 | Sergio Rudin | meets those affordability restrictions. That's the purpose of the affordable housing restrictions. for a period of 10 years. |
| 02:33:28.21 | Sergio Rudin | Thank you for coming. |
| 02:33:29.02 | Kristina Feller | Yeah. |
| 02:33:30.17 | Kristina Feller | Yeah, appreciate that from both of you. So in other words, if you build it to be designated as an accessory dwelling unit and part of the housing stock at whatever level, whether it's market rate or otherwise, and in your case, you've designated it as very low income, which is as defined by the state, is a percentage of, I think, the median income, then that's exactly what it needs to be used for. It can't be used as a part of the unit, and it can't be used as like an in-law unit unless it is rented under those parameters. Is that correct, Sergio? |
| 02:33:59.97 | Kristina Feller | and hard to say. |
| 02:34:10.43 | Sergio Rudin | Yeah, is section one of the, so the city has a standard affordable housing deed restriction. um, which it uses for various projects, uh, section a one of the, of it states that the ADU shall be rented to an occupied by a household whose gross income does not exceed 80% of 80 area median income as a term by. the US Department of Housing and Urban Development and as published by the state of California's HCD is statistics based on the Marin County media income levels. So, Um, The only exception is with city consent and typically the city is going to do provide that consent upon demonstration to staff that the owner has tried and is unable to find somebody who meets the affordability requirements to rent the property. |
| 02:35:05.28 | Jeffery Luxenberg | Sergio, can I ask you, is it 10 years from the time it's rented or is it 10 years from the time of the approval of when the certificate of occupancy? |
| 02:35:16.31 | Sergio Rudin | Let's see. From the date of the agreement. So typically when it's recorded. |
| 02:35:26.07 | Jeffery Luxenberg | So when it's recorded, um, And what happens if they don't run it for a while? Does that have any effect if they leave it unrented? What is that? |
| 02:35:38.28 | Sergio Rudin | I mean, it's, it's, it's a, It's a 10 year restriction, so. |
| 02:35:43.84 | Jeffery Luxenberg | So they have to run it, is that what you're saying? Bye. |
| 02:35:46.32 | Sergio Rudin | They're supposed to. |
| 02:35:46.47 | Jeffery Luxenberg | No. Bye. |
| 02:35:47.87 | Sergio Rudin | I mean, they can also not rent it and leave it empty. But, you know, again, nobody can use it for 10 years that doesn't. meet the affordability requirements. So I don't see why they wouldn't have a very strong incentive to rent it. |
| 02:36:01.37 | Jeffery Luxenberg | Okay. Commissioner Junius, you had a question? |
| 02:36:05.15 | Sergio Rudin | Thank you, Jeremy. |
| 02:36:05.17 | Jeffery Luxenberg | Thank you. Yeah. |
| 02:36:06.15 | Sergio Rudin | you |
| 02:36:06.91 | Jeffery Luxenberg | Okay. |
| 02:36:06.97 | Sergio Rudin | Um, And there is also an annual reporting requirement as well. |
| 02:36:13.05 | Andrew Junius | Okay. This is an interesting dialogue. I think it's very informative, so appreciate it. City Attorney Rudin A couple more clarifying questions. I was actually under the impression that the very low income restriction was only for if you rented it. IS IT, DOES IT SAY, DOES THE, I'M, DON'T MEAN, PUT YOU ON THE SPOT IN TERMS OF THE ACTUAL LANGUAGE YOU'RE IN, IS IT RENT or occupy or rent and occupy because I think shall be rented to and occupied by And octobal, okay, that makes it pretty clear. And then the other, and then so theoretically, you could leave it just vacant for 10 years and then it burns off and then it just becomes another piece of residential property with no restriction on it, right? |
| 02:36:54.41 | Sergio Rudin | Yeah. |
| 02:36:55.05 | Andrew Junius | Thank you. |
| 02:36:55.10 | Sergio Rudin | I mean, that is typically how most affordable housing works is that you |
| 02:36:55.57 | Andrew Junius | is difficult. |
| 02:36:59.49 | Sergio Rudin | But you know, covenant that developer, you know, either because you've incentivized by some other means, you covered them for a period of time. But you know, most, and that's why actually in your housing element, one of the ways that you can typically meet your affordability requirements is by providing incentives to re-up existing affordable housing and preserve it. Exactly. |
| 02:37:22.03 | Andrew Junius | one final clarification question. The other options that this would, I think the owner here selected this because of the short, relatively short 10 year burn off. If it goes, the longer you're willing to hold the restriction, the higher the income level, correct? Yes. Right. And if there's no, if you don't, if the owner here decides not to agree to any rental restrictions, is it permanent? or is it, is it, What happens then? Or is that? Well, the project's not approvable. So in other words, it has to be so the So the ADU must have some affordability restrictions. |
| 02:37:59.78 | Sergio Rudin | Yes, in order to meet the size exception. I understand. Thank you very much. Very clear. Very helpful. And I will say that Sausalito's ordinance is a very unique |
| 02:38:03.06 | Andrew Junius | Yeah. Yeah. |
| 02:38:09.28 | Sergio Rudin | creature, I would say for most jurisdictions, there is no option to go to a planning commission and seek exceptions to the to. whatever the ADU standards are. Basically, it's a ministerial approval or denial. Either you build your And for most jurisdictions is up to, you know, the state minimum is 800 to 1000 square feet. Some jurisdictions are very you know, permissive, they'll probably allow up to 1200 square feet. Um, But you know, you propose something bigger than that just automatically gets denied and there's no No. possibility of seeking exception or variance or anything like that. So. |
| 02:38:43.13 | Andrew Junius | understood |
| 02:38:43.67 | Sergio Rudin | I understand. |
| 02:38:44.16 | Andrew Junius | I think this, |
| 02:38:45.40 | Sergio Rudin | This is a unique sort of process to incentivize affordable housing by letting people have bigger ADUs. |
| 02:38:52.15 | Kristina Feller | Yeah. |
| 02:38:53.16 | Jeffery Luxenberg | And just to clarify, so if they had come in with an 800 square ADU, they wouldn't have to have this provision. |
| 02:39:00.38 | Sergio Rudin | No, and you actually wouldn't be even reviewing it. |
| 02:39:03.69 | Kristina Feller | cereal. |
| 02:39:03.72 | Sergio Rudin | Thank you. |
| 02:39:05.24 | Kristina Feller | Yeah. Okay, so back, so thank you for the clarification. So I mean, it is a good dialogue and I want, and I'm glad that that's on the record and it's pretty clear that this is a purpose-built ADU that needs to meet those requirements that our Assistant City Attorney Rudin has laid out. And so that would be part of what we are approving this evening in that particular case. Do you have any additional information about some of the existing work and whether or not that is finished or completed signed off, etc. And as that contractor vacated the premise and so this project has defined what's in front of us this evening. is a separate standalone. There's no additional um, coordination with another project or contractor. |
| 02:40:16.77 | Stephen Sutro | I think all those things you just said are true. The existing work is done. I don't know if there's a final inspection or not. Maybe Magda is aware of that, or maybe Will can comment on that. That builder has no plans to do this phase. We have a different builder to do the second phase. And that builder need not pick up any work that the other person left off with because it was isolated to the deck and the bathroom structure on the deck. |
| 02:40:45.36 | Melissa Kim | I think those permits were closed out. Our permit history has 2017 was the first permit for the new the deck and the have and shed. |
| 02:40:55.15 | Kristina Feller | of. |
| 02:40:56.67 | Melissa Kim | And the last one was in 2019 for PG&E to install overhead. and transformers and- |
| 02:41:03.30 | Kristina Feller | And those are closed. |
| 02:41:04.82 | Melissa Kim | Thank you. |
| 02:41:04.97 | Kristina Feller | CLOSE. |
| 02:41:05.93 | Melissa Kim | you |
| 02:41:05.95 | Contract Planner Gonzalez | Yeah, they are closed. I did, excuse me, I did research right now and... the permit for the deck, the hot tub, cold tub, and spa have all been final. |
| 02:41:19.99 | Kristina Feller | Okay. And I mean, just back to Southern Fire real quick. you know, the landscape plan, how different is that from May to now, or the September one, I should say. |
| 02:41:36.37 | Contract Planner Gonzalez | It's the same one that was routed to them. |
| 02:41:39.85 | Kristina Feller | Well, I want to hear from the architect what modifications |
| 02:41:42.99 | Contract Planner Gonzalez | Thank you. |
| 02:41:43.02 | Stephen Sutro | All right. |
| 02:41:43.34 | Contract Planner Gonzalez | Thank you. |
| 02:41:43.44 | Kristina Feller | They've made. |
| 02:41:44.89 | Stephen Sutro | Melissa, maybe you can answer that because I'm not as familiar with the planting plant. |
| 02:41:47.90 | Melissa Kim | Yeah, I think that, well, the project calculations that you're referring to on that document, I believe are for the square footage of the existing home in ADU. And what they, what we had submitted in May was smaller because it didn't include that laundry connection room at the basement level between the existing main house and the garage at the ADU. So at some point we revise that during in in in tandem with responding to comments. and incorporated that back in. And so as Magda said, Um, as the, Southern Marin Fire did review that and I think they did I probably just didn't update the calculations on this. form unfortunately, but they have reviewed the new set of drawings. |
| 02:42:38.29 | Kristina Feller | The new set of drawings, meaning September 1st, |
| 02:42:42.29 | Melissa Kim | Correct, whatever the current set of drawings. you Thank you. Thank you. |
| 02:42:48.26 | Kristina Feller | Okay, so, but the... |
| 02:42:49.44 | Melissa Kim | Yeah. |
| 02:42:49.64 | Kristina Feller | But the attachment seven that I'm referring to is dated July 20th. So they have not seen... theoretically, this September 1st. |
| 02:42:58.49 | Stephen Sutro | Magda, maybe you can help us with this, Thank you. process thing. |
| 02:43:05.10 | Contract Planner Gonzalez | Yes, I can share my email from McKenna. She sent me that email. September 15th, indicating that she had reviewed the plan AND UNFORTUNATELY, SHE SENT ME THAT THE LETTER dated July and with that previous description. but I can share my screen to show you that email from her. It's dated September 15th, give me just a second. you |
| 02:43:28.52 | Kristina Feller | Well, I mean, I think what we what we would need. I mean, and this doesn't necessarily have to hold everything up, but what we what we need |
| 02:43:28.81 | Contract Planner Gonzalez | Oh, yeah. |
| 02:43:36.83 | Kristina Feller | is Bye. a letter from Southern Marin Fire that recognizes the September 1st drawings. |
| 02:43:46.21 | Contract Planner Gonzalez | I agree, yeah. I just wanted to let you know that... She did send me that. after reviewing the September 1st. |
| 02:43:56.77 | Kristina Feller | Okay, well, we just, we need a clean record here of what we're approving. So it's good to know that that's there, but... I think we need to kind of clean up the record, as it were. So thank you, Chair Luxembourg. I think those are my questions at the moment of the applicant. |
| 02:44:22.61 | Jeffery Luxenberg | Thank you, Commissioner Feller. Those are very helpful. At this point, I just want to clarify, question, Mr. Sutro on the parking that's been raised. You're required to have two parking spaces. The ADU doesn't require parking. you're trying to help the neighborhood by providing space more than there's currently for additional parking, which will get cars that might be visiting off the street. But the two spaces that are required, the only thing that's required is the two in the garage. And correct, okay. |
| 02:44:59.67 | Stephen Sutro | Correct, that's correct. And so the other, I don't even know if Tandem counts as parking spaces in the eyes of the code or not. |
| 02:45:01.25 | Jeffery Luxenberg | Okay. |
| 02:45:06.65 | Stephen Sutro | And we're not trying to provide any tandem spaces as part of the requirements of the property. But from a practical matter, that's the reason for widening the driveway is for the safety of navigation. And so that practically someone can pull in behind the garage that's visiting without sticking into the street or doing something funny. Okay, good. I mean, certainly they can do that in the gravel driveway that's 12 feet right now. You can pull off the street, so that doesn't really change that. But just to make it a little more generous and navigable. there. But yes, the two spaces inside the garage are the designated parking spaces, and those are the only that are required on the property as far as we understand. |
| 02:45:47.66 | Jeffery Luxenberg | Okay, thank you for that. And I want to thank Assistant Attorney Rudin with regard to both clarifying the affordable housing and also he drafted the language that was going in there, I believe. So I thank him for that. Commissioners, before we open it up for public hearing, are there any additional questions? Commissioner San. |
| 02:46:15.23 | Nastassya Saad | I don't want to belabor the point of the ADU, but just to, Um, Attorney Rudin's and what is, quite clearly laid out in the staff report that this size exception requires that there is an affordable housing deed. Restriction. Just want to make sure the applicant does in fact understand that because I feel like they're is some confusion when I was asking about the ADU size and to the points that you made. I think we've moved past that now, but I just want to make sure that that's |
| 02:46:45.39 | William Hudson | Thank you. |
| 02:46:45.42 | Stephen Sutro | Totally. |
| 02:46:48.17 | Nastassya Saad | because this would be his opportunity to potentially reduce his ADU if that's not actually his intention. |
| 02:46:53.69 | Stephen Sutro | I appreciate you saying that. Yes, because Will worked with Melissa and with the staff and with the staff attorney, either through MAGDA or directly to understand the limitations, restrictions. I just totally misstated that. because I didn't understand that. I thought it was at your election to rent it or not, and that is in many jurisdictions how I understand the rules to be. |
| 02:47:16.54 | Melissa Kim | you know, |
| 02:47:17.20 | Stephen Sutro | Is it at your election to rent it or not? Certainly is it at your election to rent it or not. But if you don't choose to rent it in other jurisdictions, you can use it for your own use. And that may not be, that sounds like it's not true here. And so I appreciate you reiterating that. And Will, if you're listening or you want to speak up and say that you understand the restriction and what you are executing with the town, then that would be great because I garbled it. So I apologize. Thank you for that. That's OK. |
| 02:47:44.03 | Nastassya Saad | Wow. |
| 02:47:47.35 | Nastassya Saad | That's okay. I just want to make sure we don't end up potentially approving something that he also just does not understand. Not to. speak for you but |
| 02:47:55.55 | Maria | to be careful. |
| 02:47:56.92 | Nastassya Saad | might not want down the line. |
| 02:47:58.96 | Maria | Right, right, right. |
| 02:47:59.35 | Jeffery Luxenberg | Right. Bye. |
| 02:47:59.81 | Maria | Thank you. |
| 02:47:59.82 | Jeffery Luxenberg | All right. Commissioner, let's see if Mr. Hudson wants to- |
| 02:48:00.46 | William Hudson | Yeah. |
| 02:48:04.41 | Nastassya Saad | Thank you. |
| 02:48:04.43 | Kristina Feller | Yeah, I'd like to actually get his... He's coming on right now. |
| 02:48:07.48 | Jeffery Luxenberg | He's coming on right now. |
| 02:48:09.54 | William Hudson | Yeah, I was trying to unmute and I was having some trouble with that. So sorry. But yeah, I'm aware of all that. |
| 02:48:17.31 | Kristina Feller | So your intention to to rent this when it's finished construction as a low income or very low income. |
| 02:48:17.64 | William Hudson | Thank you. Thank you. |
| 02:48:26.33 | Kristina Feller | per the and then, |
| 02:48:28.93 | William Hudson | Yeah, if that's what's required, yeah. |
| 02:48:28.95 | Kristina Feller | Yeah. |
| 02:48:34.18 | Jeffery Luxenberg | Okay, thank you. At this point, if there are any other questions from commissioners, let's open it up for the public hearing portion of this item. So if anybody who wants to speak should raise their hand in the Zoom application. And I'm scanning right now. Director Phipps, if you can help me here. I don't see anybody raising their hand. Do you? |
| 02:49:01.52 | Director Phipps | Chair Luxenberg, seeing none, and just a reminder for those dialing in to raise your hand from a phone, press star nine. |
| 02:49:08.22 | Jeffery Luxenberg | Thank you. We'll give it a second to allow that. Okay, not seeing any, we will close the public hearing portion of this item. And I will turn it back to the applicant. You've got 10 minutes and 39 seconds. So Mr. Hudson or Mr. Sutra or Ms. Kim, if there are any additional comments, feel free to use all that time or less of that time, whatever you feel you need. |
| 02:49:38.07 | Stephen Sutro | No, we're happy that you pose all those questions and clarify those things. And I think we can give everyone the 10 minutes and 34 seconds back. |
| 02:49:45.29 | Jeffery Luxenberg | Okay, that would be fine. At this point, we'll bring it up to the dais. And if you folks can hang around in case we have additional questions after our deliberations. At this point, I will, who would like to start? Commissioner Feller, would you like to start this one? |
| 02:50:04.12 | Kristina Feller | Sure, thank you chair Luxenberg. I just want to really quickly just make a note that we did receive one written public comment in attachment for from I'm assuming a neighbor asking about parking. I think that we've already discussed that. I want to make sure that that's on the record. Um, but, but as this project stands, And based on the dialogue that we've had with the applicant and the applicant's team, I think there just may be a couple housekeeping items that we can condition for this project as to not maybe hold it up. I mean, one is I just want to make it really clear that the applicant has confirmed the intention of renting this ADU for low income, very low income at its completion. And I think that that's a very important piece of this. Because of the project and scope as it's defined, I would want to tie any demolition work to final design work. So we don't, because this sits on the corner and there's a lot of traffic and there's concern about that with contractors. I think we need to make sure that when this project commences that both the demolition and the new design is finalized and that those permits can be pulled together rather than sit through demo for six months and then you go through design changes and it holds up the design process. So I want to tie those together in this particular instance. I also want to make sure that we clean up this Southern Marin fire piece of it so that can be a condition of approval. to get that in place as well. Um, But otherwise, you know, I believe I can make all the findings. I, um, I think that there's been plenty of time for the public to comment on this since it was also held up from the December hearing. So I have, I'm confident that this is a good project for the neighborhood. So as long as we can clean up a couple of these housekeeping items, I see no reason to hold this up. And I think we can craft conditions of approval. this evening. |
| 02:52:52.37 | Jeffery Luxenberg | Thank you Chair Feller. Commissioner Saad. |
| 02:52:59.54 | Nastassya Saad | I concur with um, Commissioner Feller. Um, I think I also want to just commend the applicant to choose very low income as a member of HIAC. appreciate that in the city of Sausalito and I know that's that's... not the most common choice. And I think it's great to add to that stock. So I just I want to say thank you. for that. I, I think I'm, on board with what Commissioner Feller saying, I think we don't need to hold this up. We'd like to see how those conditions get crafted just to make sure we're all in the same page here, but I would be in support to move this project forward tonight. |
| 02:53:43.21 | Jeffery Luxenberg | Thank you, Commissioner Saad. Vice Chair Genius. |
| 02:53:47.08 | Andrew Junius | Thank you, Chair Luxembourg. Yeah, good looking project here. I'm very familiar with Stephen Sutro's work in the city. excellent attention to detail. you know, nice little project here. I think, you know, I, I, I, go by here quite a bit. And it's one of these unique little situations that you actually find pretty frequently in Sausalito. It's a very, you can almost not see the house until you're standing right down below the, below the walkway there. a little hidden gem up there. The applicant has a very nice piece of property, and I think this is a great addition, and I agree. I'm glad that Mr Hudson is looking to provide housing for very low income that's very admirable and appreciated so I would be ready to move forward with all of the comments and additional thoughts and conditions as well. |
| 02:54:34.97 | Jeffery Luxenberg | Thank you, Vice Chair Junius. I concur with everything that's been said. I think this is an excellent project. I think it's the benefit of very low income. ADU is important to the city. This doesn't impact the neighbors. It's not, you know, and it's respecting the architecture. So a great job on behalf of Sutra Architects here. I'm looking at the conditions. We have a condition we often use, which we would address Commissioner Feller's comments that says that no demolition can occur until the building permit is issued. So Director Phipps and Ms. Gonzalez, if you could draft that, pull that condition that we've used elsewhere to this as well. I'm looking at the affordable housing condition. Use and rental... |
| 02:55:45.83 | Jeffery Luxenberg | I guess I'd like to ask City Attorney Rudin, do you feel that the number 10 condition covers what Commissioner Fellow was mentioning with regard to it being clear what that requirement is? What you said was what we understood. And it just says the applicant shall record in a form approved by the city attorney affordable housing confidence against the property restricting the use and rental of the accessory dwelling unit to 10 years at a very low income level 50% of AMI or 15 years at a low affordable Since we've decided it's very low, do we just delete the words 15 years at a low affordable? |
| 02:56:36.72 | Sergio Rudin | So it's the code. to me reads that it's at the applicant's choice. that they get to pick, you know, whether they want to do the slightly |
| 02:56:44.08 | Kristina Feller | Yeah. |
| 02:56:48.23 | Sergio Rudin | Um, you know, the low affordable at a longer period or the very low affordable at a shorter period. So the condition of approval is to reflect that Um, I do recommend that it be recorded prior to issues of certificate of occupancy that makes it you know, basically as soon as they're, it's ready to be occupied, that's when the clock starts on the affordability restriction that gives the city the most bang for the buck. So. |
| 02:57:15.60 | Jeffery Luxenberg | Okay, so we will add that wordage language. I'm going to go back to Commissioner Feller. Are you comfortable with very low or low as the recorded deed restrictions? |
| 02:57:30.92 | Kristina Feller | I'm comfortable Yes, I could be comfortable with that. What I believe I asked the applicant and the applicant confirmed is that that that the the ADU would be every effort would be made for the ADU to be rented at the time that certificate of occupancy is issued. So in other words, we don't want a very low income or even a low-income ADU sitting around vacant for 10 to 15 years. We want it occupied. |
| 02:58:06.61 | Kristina Feller | Thank you. |
| 02:58:10.19 | Kristina Feller | So that is part of the language that I would want in here. |
| 02:58:16.03 | Jeffery Luxenberg | Okay. So with that language, and we'll go back to that when we get to the motion on this project, and with the additional condition for demolition, and then with regard to cleaning up with regard to Southern Marin Fire, are you looking for just the concurrence from Southern Marin Fire that they had seen these plans? So if we get a letter from Southern Marin Fire that the date of the plans that they saw was the right date, that's really what you're looking for. |
| 02:58:48.80 | Kristina Feller | I think they need to update their letter I mean, what is in the package for us to approve has a July date on it and we needed to reflect the September drawing, so they need to update what their findings are more than just an email between McKenna and Magda. that letter needs to be referenced in files in City Hall. So let's get Southern Moon Fire to reissue that letter with the correct information in it. |
| 02:59:27.11 | Jeffery Luxenberg | Okay, and if I can bring City Attorney Rudin back on, we've been going to the possibility of not putting Marin Fires conditions into our conditions of approval because you outlined potential issues with that. Can we add a condition here that requires exactly what commissioner feller just said as far as clarifying clarifying the date so we can approve this tonight and uh with regard to that is that is there a wording that would make sense for that |
| 03:00:02.66 | Sergio Rudin | So, Typically Marin fires conditions are imposed on, you know, their review is completed as part of the building permit review for most of these projects. Um, you know, and perhaps, uh, The Community Development Director can confirm that that is the case, but typically you know, A lot of these applications, they'll go to building permit and we're in fire will be provided the building permit applications and the construction drawings and then they'll have the opportunity for further review and imposition of their conditions of approval. And so for that reason, I don't typically recommend that we bake in specific conditions because the project may have minor modifications. you know, during construction phase, or they may, you know, review the construction drawings and have additional requirements. So, you know, it doesn't make sense for us to adopt another agency's conditions of approval specifically. particularly when that agency can after discussion with the applicant change its mind at any course in the project and then we may have to come back just to modify some other agencies conditions of approval. So, But with respect to chair or sorry, Commissioner Feller's concern, you know, we can probably add something in here requiring the applicant to provide, you know, additional information or verification at the building permit stage or just a general condition of approval requiring compliance with all of them or in fires conditions of approval is fine as well. |
| 03:01:33.81 | Kristina Feller | Yeah, I mean, this is for the applicants protection too. I mean, it's not just for us to kind of, you know, push paper around. I mean, it's for their protection as well, because... um, you know if southern red fire is seen the September 1st drawings which is what the planning commission is you know theoretically approving and they've made comment on that there won't be. you know, such a huge difference between what July was and what September was and what whatever the final permit drawings are for. So Sergio, I'm gonna take your, you know, whatever you recommend to, you know, from wording to make sure that, you know, it protects all all parties. So there's not, you know, if McKenna all of a sudden leaves Southern and fire, there's no gaping hole in terms of what really happened. and what she was looking at. So I'll leave that to you. |
| 03:02:29.68 | Jeffery Luxenberg | And I'll add to that, City Attorney Rudin, I agree and understand the need not to require somebody else's requirements in our certificate, and I agree with that. What we don't want to have happen, however, is we don't talk to Marin Fire. Marin Fire comes in at the building permit stage, and then they require something which changes some part of the design which then has to come back to us which we could have found out if they were touched base early so we want them to see the plans chime in about what they see because if they want a wall moved or they want sprinklers that aren't there some issue we identify that and it protects the homeowner and then they know that that's coming and they're not changing things at the last moment so we want them to see it during the review stage we don't have to put their conditions in but if the plans aren't right we want to be able to say that they they saw that and you're aware of it and you know they can still require things but if're going to require something, we want to find out about it now, not later, I guess is the practical thing. So we have to develop a system with them that allows them to review it early, don't put their conditions in, but make sure that they've seen it. And, you know, so I'll entertain a motion. If I can, I'd like to get a motion on the floor. If we can entertain a motion with these three modifications, does somebody want to make a motion to that regard? Don't move. So moved. OK, so is there a second? |
| 03:04:07.42 | Sergio Rudin | Can we restate what those modifications are just to the extent we may need to change any language in the conditions of approval. |
| 03:04:15.89 | Jeffery Luxenberg | I was going to do that with a second, but okay. Is there a second? I'll second. Thank you, Commissioner Sack. So my understanding is there'll be a condition added that requires that no demolition permit will be issued until the building permit is issued. so even those are separate permits uh there is a uh um uh an addition to the affordable housing number condition Number 10 that says that it's required at the time of Certificate of Occupancy. And that language is already. |
| 03:04:20.31 | Nastassya Saad | I'll second. |
| 03:04:52.54 | Nastassya Saad | you |
| 03:04:52.56 | Kristina Feller | And that language is already in there. |
| 03:04:54.20 | Jeffery Luxenberg | of, uh, prior to the issuance. Okay, so, and it says they have to Well, they can't, okay, so now this is maybe a picayune thing, but they can't rent read it before the certificate of occupancy, can they? |
| 03:05:11.05 | Sergio Rudin | No. |
| 03:05:11.59 | Jeffery Luxenberg | So, so. |
| 03:05:12.49 | Sergio Rudin | We can't occupy it before certificate of occupancy either. |
| 03:05:12.54 | Jeffery Luxenberg | They can't occupy it. Right, so we need to modify this so that it says that the covenant has to be filed prior to the certificate of occupancy, and it must be rented at the time of the certificate of occupancy? |
| 03:05:34.59 | Sergio Rudin | I don't think we have that power. |
| 03:05:36.69 | Jeffery Luxenberg | Okay. |
| 03:05:37.02 | Sergio Rudin | Thank you. |
| 03:05:37.14 | Jeffery Luxenberg | Thank you. |
| 03:05:37.16 | Sergio Rudin | Thank you. |
| 03:05:37.18 | Jeffery Luxenberg | you |
| 03:05:37.75 | Sergio Rudin | We just do not have that power. |
| 03:05:39.61 | Jeffery Luxenberg | Okay, so |
| 03:05:41.38 | Sergio Rudin | I would say that the condition of approval as written goes as far as we can justify. |
| 03:05:48.04 | Jeffery Luxenberg | Okay, so Commissioner Feller, can you, you're able to look at 10 right now and see if you're comfortable with 10 being, as the city attorney has. |
| 03:06:00.45 | Kristina Feller | If 10 is as far as we can go, then 10 is as far as we can go. |
| 03:06:06.86 | Jeffery Luxenberg | Okay, so that's not a change. So the motion is for two changes. One is for, would it be, Mr. Rudin, for you to draft the language with regard to Marin fire that will not sort of put all their conditions in, but will accomplish what Commissioner Fellow is suggesting as far as clarifying these drawings that they have seen. We just want to clarify that they saw the latest drawings that we have in our packet. which we believe they have. We just want to somehow get it on the record. |
| 03:06:46.13 | Sergio Rudin | I would suggest adding a last condition of approval that says applicants shall comply with all applicable conditions of approval by Southern Marin Fire District and shall Um, provide confirmation from Southernman fire district prior to building permit issuance that they have reviewed. Um, you know, the drawings. dated whatever the data is in the agenda package. |
| 03:07:13.58 | Jeffery Luxenberg | Okay. And so, Magda, I mean, Director Phipps, who mechanically does this? Is this going to be Ms. Gonzalez that will make these additions to the conditions of approval? |
| 03:07:29.38 | Director Phipps | I will work with staff. Okay. There is no set process here. We may just identify staff and availability to accomplish, but we're hearing you this evening, and we will move to integrate those conditions of approval. |
| 03:07:34.12 | Jeffery Luxenberg | there was no |
| 03:07:46.64 | Jeffery Luxenberg | really, really, really, Thank you. |
| 03:07:48.04 | Director Phipps | Thank you. |
| 03:07:48.30 | Jeffery Luxenberg | Okay, so I have a motion on the floor with those two conditions now of approval if the maker accepts two rather than three. And a second, are there additional comments or discussions? with nobody's hands raised. Let me just check something here. I just wanna check with the Mr. Sutro, you have no issue with the condition we added with regard to no demolition before you get the building permit. Okay, great. With that, Director Phipps, if you can take a roll call vote on this. |
| 03:08:32.84 | Director Phipps | Certainly. Thank you, Chair. Commissioner Asad. |
| 03:08:37.54 | Nastassya Saad | Yes. |
| 03:08:38.99 | Director Phipps | Commissioner. Um, hello. Yes. Vice Chair Junius. Chair Luxenberg. Yes. |
| 03:08:48.96 | Jeffery Luxenberg | And we thank you for your application and proceed worth with. |
| 03:08:50.40 | Kristina Feller | for everything. |
| 03:08:54.99 | Kristina Feller | Thank you. Thank you. |
| 03:08:59.42 | Jeffery Luxenberg | Okay, next item on the agenda. Director Phipps. adjournment. That's right. To adjourn. I just want to, can I make a comment just so everybody's aware? Tomorrow night, we have a joint meeting with the city council. It is, I'm planning to attend via Zoom like we always do. But I understand that the city council is going in person. But so it might be helpful if we know that whether we're all doing this on Zoom or they have to create chairs for us or something in the, in the chamber. Some people are going, some of the council will go in the chamber and some might not. So, but we can all do this by Zoom if we want. It's up to each of us to what you want to do. |
| 03:09:51.82 | Kristina Feller | I didn't know that in-person was an option. I only knew that it was a Zoom meeting. |
| 03:09:56.33 | Jeffery Luxenberg | Okay. |
| 03:09:56.34 | Kristina Feller | Thank you. |
| 03:09:56.36 | Nastassya Saad | Okay. |
| 03:09:56.85 | Kristina Feller | Thank you. |
| 03:09:57.49 | Nastassya Saad | I thought they just voted to continue all meetings. |
| 03:09:57.79 | Jeffery Luxenberg | Oh. |
| 03:10:01.98 | Jeffery Luxenberg | They're electing to, I don't understand the history. Maybe Director Phipps can tell us. |
| 03:10:02.11 | Nastassya Saad | They're the ones that are great. |
| 03:10:04.65 | Kristina Feller | I don't know. Director Fribs can tell us. Agenda, so I'm not sure we're allowed to talk about this, but I'll let Sergio let us know that. |
| 03:10:20.09 | Sergio Rudin | I think I'm just gonna check the city council agenda. because if it doesn't say that it is a virtual meeting, or allows for participation virtually. I would say it says everything. It says everything. |
| 03:10:31.19 | Jeffery Luxenberg | So, yeah. It says that's the problem. Thank you. |
| 03:10:34.26 | Andrew Junius | Thank you. |
| 03:10:34.65 | Jeffery Luxenberg | It's not a problem. I'm only flagging it because |
| 03:10:35.02 | Andrew Junius | Yeah. |
| 03:10:35.09 | Sergio Rudin | Yes. |
| 03:10:35.31 | Andrew Junius | Thank you. |
| 03:10:37.97 | Jeffery Luxenberg | Several commissioners just said they weren't aware of it and it was unusual and they did it last night for the city council. So I'm just flagging it. We're not voting on it or doing anything with it. I just wanted people not to have thought it was a pro forma agenda. It is a joint meeting with both virtual and in person. So it's up to everybody's choice. |
| 03:11:02.48 | Director Phipps | Yeah, correct. Chair Luxenberg, just briefly, agenda reads, this meeting will be conducted both in person at City Hall and virtually via Zoom. So attendees and members of the public have the option. We're going to do a hybridized meeting format. And the information that I have is that at least one council member will be attending in person, but I have only received confirmation from one. |
| 03:11:31.89 | Kristina Feller | This is, you know, are we not being recorded anymore? No, we're being recorded. |
| 03:11:36.99 | Kristina Feller | I agree very much. |
| 03:11:37.64 | Kristina Feller | This is kind of a half-assed way to put a joint session together for something so important. |
| 03:11:45.20 | Jeffery Luxenberg | I was just informed this was what was done. So I'm just informing everybody so people are aware and not surprised. Because I was surprised when I watched a few minutes of the city council last night. And then it was both in person and by Zoom. And that was the first time I'd ever seen that. So it is allowable. And it is what they posted. And it is what went up. So I'm just, we're at a point where this is not agenda, so we can't really discuss whether it's a good or a bad thing. I'm just making people aware and wanted to be able to have Director Phipps tell anybody that if anybody's going in person, that they have chairs for them. that's all. So, you know, you can handle that offline if you wanna tell them whether, I'll be, I'm gonna say I'm gonna be doing it by Zoom because that's what we've been doing and I just wanna continue what we're doing at the moment. And but. |
| 03:12:42.82 | Maria | for next thing. Our attorney said that it's going to be on Zoom tomorrow. but the chambers will be open to the public, but I know that all the city council will be streaming from home. Except for one person. |
| 03:13:00.74 | Kristina Feller | for |
| 03:13:02.58 | Maria | So- |
| 03:13:02.58 | Kristina Feller | I mean, and thank you chair Luxembourg for bringing this up, but director Phipps, could you maybe issue a communication to the planning commission because of course Commissioner Graff is not in attendance this evening. and might not want to be in person attendance tomorrow if he's feeling better because he you know might might be under the weather but Can you just issue a communication to us about we know what the status is and what the majority of Either city council members or commissioners will be in person or via zoom. |
| 03:13:40.61 | Director Phipps | So I'm not able to speak for or predict action of commissioners or council related to their attendance in person and virtually, but I'm very happy to communicate the language in the agenda and letting folks know that they have the opportunity to attend both virtually or in person. |
| 03:14:04.42 | Jeffery Luxenberg | that would be helpful, especially for Commissioner Graff, who isn't here this evening. |
| 03:14:09.38 | Sergio Rudin | Thank you. |
| 03:14:09.40 | Nastassya Saad | And, |
| 03:14:09.62 | Sergio Rudin | Thank you. sort of to conclude this topic, you know, I think we are starting to stretch the, Brief comments exception in the Brown Act. Perhaps we can wrap up this. discussion. |
| 03:14:23.14 | Jeffery Luxenberg | Yeah. So I will entertain a motion for adjournment. |
| 03:14:24.23 | Sergio Rudin | We got a hard one. |
| 03:14:24.98 | Kristina Feller | Thank you. |
| 03:14:27.90 | Jeffery Luxenberg | Move to adjourn. uh thank you all in favor |
| 03:14:29.60 | Nastassya Saad | Bye, guys. Thank you. See you tomorrow. Happy New Year. Thank you. |
| 03:14:34.65 | Jeffery Luxenberg | Thank you. |
| 03:14:34.66 | Nastassya Saad | Thank you. |
| 03:14:34.70 | Jeffery Luxenberg | Thank you. |
| 03:14:34.80 | Nastassya Saad | Thank you. |
| 03:14:35.35 | Kristina Feller | Thank you. Yeah. Congratulations. |
| 03:14:37.04 | Nastassya Saad | Thank you. |
| 03:14:37.41 | Jeffery Luxenberg | Thank you very much. |