City Council Meeting - April 12, 2023

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Meeting Summary

None
None 📄
The recording began with Kristina Feller announcing 'Recording in progress.' No agenda item was presented or discussed.
1
CALL TO ORDER 📄
The meeting was called to order by Chair Luxenberg 📄. Roll call was taken 📄, confirming quorum with all commissioners present. The agenda was approved by motion 📄. Director Phipps then explained the rules for public comments on items not on the agenda 📄.
Motion
Motion to approve the agenda made by Commissioner Feller at 📄, seconded. Roll call vote: Saad 📄 - yes), McGrath 📄 - yes), Feller 📄 - yes), Vice Chair Grineas (yes), Chair Luxenberg 📄 - yes). Motion passed at 📄.
2
APPROVAL OF AGENDA 📄
The Approval of Agenda item was not discussed in the provided transcription. The transcript begins at 📄 with a call for public comments on agenda items, suggesting the agenda was approved earlier in the meeting without recorded presentation or discussion.
4
APPROVAL OF PLANNING COMMISSION MINUTES 📄
No presentation or discussion of this item was captured in the provided transcript; the meeting transcript begins at 📄 with the conclusion of a prior item and introduction of the next item (California Housing Legislation Working Group).
5
COMMUNICATIONS 📄
Andrew Junius provided a legislative update on housing bills in Sacramento. He noted that 2023 could be as big as 2022 for housing legislation. Key potential changes: ADUs may be allowed to convert to condominiums, jurisdictions may be required to provide six sets of permit-ready ADU plans by 2025, removal of individual utility metering for ADUs, and making permanent the prohibition on owner-occupancy requirements 📄. Efforts are underway to streamline post-entitlement permits 📄. SB 35 may be made permanent with the removal of the skilled and trained workforce requirement while keeping prevailing wage 📄. SB9 may be amended to prohibit local agencies from imposing objective standards that do not apply uniformly across the underlying zone 📄. Legislation may also force PG&E to adhere to fixed timelines for connecting completed housing projects 📄. Chair Luxenberg then directed updates: standard conditions of approval to be addressed with staff by end of May 📄. Commissioner Feller reported no set meeting for the Ferry Landside Working Group 📄. Housing Element Working Group: staff have a meeting with HCD on April 18th regarding the submitted housing element, with communication to follow 📄. Parklets: City Attorney Rudin anticipates a draft ordinance in early May 📄. Master Plan Working Group: Commissioner Saad noted ongoing conversations with local professionals, still scoping; Commissioner Feller added discussions with planners on fees and phases, targeting first week of May to share with Director Phipps before presenting to commission and council 📄. Landslide Task Force: first meeting since reactivation on April 20th at 1 p.m. with consultant Miller Pacific 📄. No public comments were made.
6.A
658 Main Street Tree Removal 📄
Staff presentation by Arianna Mariscal 📄 detailed the request to remove three trees: a coast live oak with necrotic trunk and sparse canopy, a California bay with a hollow and decayed base, and a cherry English laurel with codominant trunks and retaining wall damage. The arborist concluded all were in decline or hazardous, and staff recommended approval with one replacement tree. Applicant Ben Cahan 📄 explained the trees' poor health, safety concerns for his family, and PG&E involvement. Commissioners discussed replacement; Commissioner Feller 📄 asked about a one-for-one replacement, and the applicant agreed to two trees due to space constraints 📄. The commission supported removal of all three trees with a two-tree replacement.
Motion
Motion 📄: Commissioner Saad moved to approve the resolution with an amended condition requiring two replacement trees for trees one and two (island oak or coast live oak, minimum 15-gallon, planted within 60 days) and waiving replacement for the third tree. Seconded by Vice Chair Junius and approved.
6
PUBLIC HEARING 📄
The commission discussed a tree planting condition for a project. The applicant, Ben Cahan, agreed to plant two trees, choosing between two specified species from the resolution, with guidance from the Community Development Department (Director Phipps). The chair clarified that the applicant must notify the department of the chosen species for approval. Additionally, photographic documentation of the planted trees must be submitted to the department within 30 days. A motion to approve with these conditions passed unanimously. 📄
Motion
Motion to approve the item with the condition that the applicant plant two trees, with species selected from the two listed in the resolution, as coordinated with and approved by the Community Development Department, and with photographic documentation to be provided within 30 days of planting. The motion passed unanimously via roll call vote. 📄
6.B
626 Sausalito Boulevard | Design Review Permit with Heightened Review, Variance, Tree Removal Permit, Encroachment Agreement | Project ID 2022-00051 | APN 065-201-02 📄
Vice Chair Junius recused himself 📄. Contract planner Magda Gonzalez presented changes since the March 1 hearing 📄: the applicant consolidated parking into one expanded space (width ~27 ft), removed a small previously proposed parking area and replaced it with a planter and trash container storage, simplified the trellis design to be less obtrusive, shifted entry steps to the east to protect an oak tree, and added planters on both sides of the trellis. The color scheme remained unchanged. Staff report updates included a zoning analysis table and more information on the Historical Preservation Commission's determination of non-historic significance. Commissioner Graef asked for clarification on trash container area dimensions and trellis height 📄; the applicant explained the containers sit on an existing level paved area behind a retaining wall and the trellis would have a maximum height of 8 feet for clearance 📄. All commissioners expressed support for the revised project. No public comments were received.
Motion
Commissioner Feller moved to approve the project with the revised changes 📄. The motion passed unanimously (Commissioner Saad, Commissioner Graef, Commissioner Feller, Chair Luxenberg voting yes; Vice Chair Junius recused).

Meeting Transcript

Time Speaker Text
00:02:52.44 Kristina Feller Recording in progress.
00:03:02.84 Unknown Thank you.
00:03:02.85 Jeffery Luxenberg This is.
00:03:03.75 Unknown Thank you.
00:03:03.80 Jeffery Luxenberg Amen.

This is the April 12th meeting of the planning commission.

call it to order with that.

Can Director Phipps, can you call the roll?
00:03:19.27 Director Phipps Yes, thank you chair good evening chair Luxenberg planning commissioner staff members of the public this evening's meeting is being held at city of Sausalito Council Chamber at 420 Litho Street and is open to members of the public.

members of the public, may also access this meeting and provide public comment through Zoom.

With that, I will move to call roll.

Commissioner Saad.
00:03:40.42 Nastassya Saad Thank you.
00:03:40.45 Kristina Feller here.
00:03:41.25 Director Phipps Commissioner Graff.
00:03:42.28 Kristina Feller Sure.
00:03:42.98 Director Phipps Commissioner Feller.
00:03:43.96 Kristina Feller Here.
00:03:44.84 Director Phipps Vice-Chaird Grineas?

Present.

Chair Luxenberg.
00:03:47.94 Jeffery Luxenberg Here.

we have achieved quorum.

Next item on the agenda is the approval of the agenda. I look for a motion.
00:03:56.55 Kristina Feller So moved. Second.
00:03:58.68 Jeffery Luxenberg Director Phipps, please call the roll.
00:04:00.58 Director Phipps Thank you.

Thank you, Chair.

Commissioner Saad.
00:04:02.69 Kristina Feller Thank you.
00:04:02.71 Unknown Yes.
00:04:03.40 Director Phipps Commissioner McGrath.
00:04:04.47 Unknown Yeah.
00:04:05.06 Director Phipps Commissioner Feller.
00:04:05.85 Unknown Yes.
00:04:06.47 Director Phipps Vice Chair Junius?

Chair Luxenberg.
00:04:09.09 Jeffery Luxenberg See ya.
00:04:09.34 Director Phipps Thank you.

Thank you.

Motion passes.
00:04:11.08 Jeffery Luxenberg Next item is public comments for items not on the agenda. Director Phipps, could you explain the rules for that?
00:04:17.49 Director Phipps Yes, thank you chair. 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 items not on the agenda to staff or direct the subject to be agendized at a future meeting.

Video or audio public comment participation is limited to three minutes per speaker. If you would like to make a comment in person, please raise your hand and you will be called upon when it is your time to speak. If you would like to make a comment virtually in the Zoom application.

Similarly, please raise your hand.

within the application.

and you will be called upon when it is your time to speak.

To raise your hand from a phone, press star nine.

Each speaker will be notified when the time has elapsed. Thank you, Chair.
00:05:12.37 Jeffery Luxenberg for anybody in the audience that wants to make comments for items that are on the agenda.

Not seeing any and not seeing any on Zoom.

We will close that. Yes.

Can you come up to the podium?
00:05:25.42 Director Phipps If you have a comment on an item that is not on the agenda, please step to the diocese.
00:05:38.81 Unknown Actually, I just have a quick question about the timing of the project, because we live at 622 Sausalito Boulevard, which is next door to 626, and we are planning to do some little work on our house.

So we will need to...

To coordinate.
00:05:55.91 Director Phipps See what I made, ma'am.
00:05:55.94 Unknown See you later.
00:05:57.55 Director Phipps Um, that item is agendized at this meeting i believe i but you said you are six two two
00:06:05.32 Unknown Sausalito Boulevard. Sausalito. That item will be heard.
00:06:06.27 Director Phipps Sausalito, that item will be heard during the public hearing portion of this agenda.

and that is an item that is on this evening's agenda. You will be able to provide a comment when that item is brought forward.
00:06:15.42 Unknown Oh, I'm sorry.

Bye, you apologize.
00:06:22.01 Director Phipps Seeing no additional comments, sure.
00:06:24.06 Jeffery Luxenberg Thank you very much, Director Phipps. At this point, we're gonna move on to item number four, approval of the Planning Commission minutes. They are attached to the agenda. Look for a motion on the minutes.
00:06:38.21 Kristina Feller I'll make it motion.
00:06:40.39 Jeffery Luxenberg Are there any questions or comments on the minimum?

Seeing none, Director Phipps call the roll please on the motion.

Thank you.
00:06:50.01 Director Phipps Thank you.
00:06:50.03 Jeffery Luxenberg Thank you.
00:06:50.06 Director Phipps Thank you, Chair.
00:06:50.53 Jeffery Luxenberg Michigan.
00:06:51.41 Kristina Feller Yes.
00:06:52.00 Director Phipps Mish McGrath.
00:06:52.98 Ms. Montalbano Thank you.
00:06:53.00 Kristina Feller Yes.
00:06:53.87 Director Phipps Commissioner Feller.
00:06:54.70 Ms. Montalbano Thank you.
00:06:54.72 Kristina Feller Yes.
00:06:55.49 Director Phipps Vice Chair Junius. Yes.

Chair Luxenberg.

Yes. Motion passes.
00:07:00.22 Jeffery Luxenberg Bye.

Moving on to item five, communications. Director Phipps, do you have any updates from CDD at this time? I do. I do.

Thank you, Chair.
00:07:09.97 Director Phipps you regarding CBD staffing.

we have made what I would like to describe as Excellent progress since our last meeting.

Specifically, CDD welcomed community development technician Liza Telles to the team this past Monday, and she seems to be fitting in quite well thus far. Additionally, CDD welcomed senior planner Robert Busick to the team today in a part-time remote capacity until he is able to transition out of his current residence in Buckeye, Arizona.

And of course locate reasonable housing accommodation in the Bay Area.

Our fingers are crossed for him.

CDD will also be welcoming a new associate planner to our team tomorrow.

Her name is Catherine Spaulding, and we look forward to working with her as well.

As appropriate CDD will bring new staff to planning commission meetings.

in order to make formal introductions to the commissioners.

That point brings me to my next communication item.

which is the formal introduction of CDD's newest assistant planner, Matthew Mandich. Matthew has a background in both Roman archeology and public policy.

He has lived in England, Rome, and naturally the Bay Area.

where he previously served as a legislative aide for Matt Haney of District 6 in City of San Francisco, as well as City of Sausalito's former recreation coordinator. We are extremely excited to have brought him on board and look forward to having him bring projects before you all at future Planning Commission meetings. With that, I will pass the mic to Mr. Mandich. Matthew, the floor is yours.

You can stay here. Yeah. Great.
00:08:55.49 Matthew Mandich Hello, Commissioners. Very, very happy to be here today. Thank you very much for the introduction, Brandon. This is my first Planning Commission meeting here at the City of Sausalito. Looking forward to doing many more with y'all and presenting new projects as they come my way. So yeah, just excited to be here today. Just kind of get my feet wet, see how the Commission meeting rolls. And again, look forward to having some more projects and pertinent issues to discuss with you in the future. So thank you.
00:09:22.39 Jeffery Luxenberg Welcome aboard. We're greatly excited to have you on staff. Thank you, Chair.

Is that the end? Any other comments from CDD staff?
00:09:35.03 Director Phipps Thank you.

That concludes our
00:09:35.45 Jeffery Luxenberg Bye.

good staff communication.

and I'm going to ask for comments from City Attorney Rudin, and then I'll ask the chair for any comments related to the issues from staff. City Attorney Rudin, welcome this evening.
00:09:49.71 City Attorney Rudin Thank you. Yeah, I don't have anything to report on my end. Thanks, folks.

Thank you.
00:09:54.28 Jeffery Luxenberg Okay, with that any questions of us, Director Phipps from members of the Commission?

That's a good question.
00:10:04.04 Kristina Feller Amen.
00:10:04.49 Jeffery Luxenberg the floor is yours, Commissioner Feller.
00:10:09.03 Kristina Feller I JUST WANT TO THANK YOU, DIRECTOR PHIPS, FOR YOUR LEADERSHIP.

really want to welcome Matthew and Robert Eliza and Catherine, everybody to the team. And it's a very exciting time for the commission because I know that CDD has been built from the ground up and thank you for taking that on. So thank you.
00:10:32.08 Jeffery Luxenberg With that, we'll move on to report outs from subcommittees. First one is objective design and development standards subcommittee. I'll turn it over to Vice Chair Junius and Commissioner Phillips.
00:10:45.25 Andrew Junius Thank you, Chair Luxenberg. We had our big public unveiling at the last hearing. I think it went pretty well. We're at this point, I think, waiting for some public comment and input. I know the design committee or the design community is very interested in what's going on, and we're interested to hear from them as well as members of the public. I don't have any other updates about movement on the consultant side. Do you, Commissioner Feller?
00:11:07.83 Kristina Feller No, Vice Chair. I know that Bob Brown is working on pulling any additional comments from the design community, and we should be getting back together with him for any updates and revisions we need to do, and then hopefully bring it back for another public process and eventually get that in front, maybe in a town hall setting, and then to the City Council as well.
00:11:32.23 Jeffery Luxenberg Thank you both. That's a critical item, which we should keep pushing on to make sure that gets ratified. Our next item, California Housing Legislation Working Group. Vice Chair Junius, are there any new laws that have been adopted since our last meeting?
00:11:46.62 Andrew Junius Oh boy.

Not not so much new laws adopted. I mean, we all I think remember 2022 is a pretty huge year for housing legislation coming out of Sacramento.

2023 could be equally as big The way things work in Sacramento is they start the legislative process right about now. The last couple of months, a lot of bills have been introduced and drafted.

and they go through either a one or two year period But there is a slew of things that are, if they get enacted, are going to be affecting every community in California, including Sausalito.

a quick rundown of some of them with respect to accessory dwelling units, which I know Sausalito deals with quite a bit.

There are, and again, all of these are proposals.

possible pieces of legislation. They're not actually laws yet, but I think a lot of them very well could become laws by the end of this year or early next year.

ADUs could be allowed to be condoed. So they're currently not allowed to be condoed. That could happen in the future. Some communities are already providing basic sets of permit ready floor plans for ADUs that could become mandatory for jurisdictions in 2025, where each community would have to have six sets of permit ready plans for various sizes of ADUs.

Um, ADUs may, another proposal is to remove the requirement that ADUs be individually metered for utilities.

Um, All of these obviously are the goal here is to try to make ADUs a little bit easier to build and more economical.

One of the final ones is to make permanent the existing prohibition on imposing owner occupancy requirements on ADUs.

So that's the world of ADUs that could be changing.

In the world of post entitlement work there, you know, a lot of focus in recent years has been on the actual entitlement process, which are things that come in front of the planning commission.

things like conditional use authorizations and various design review permits.

people are now starting to realize that the building permit process and other permits that you need after entitlement are also slowing things down. So, um, there are a number of efforts to streamline post entitlement permits, um, And that will be interesting to see.

One of the biggest things that I think will be at issue this year will be regarding the possible permanent making SB 35 permanent.

Right now it has a sunset as a, It will sunset at the end of next year as of December 31st or January 1st, 2026.

So we're down to the last 18 months of SB 35, unless it is extended. And Senator Weiner is proposing that it be made permanent. In addition, the SB 35 has been constantly tweaked since its adoption. And a few other tweaks are a part of what's going on this year. One of them is, I think is a big one, is to continue the requirement for prevailing wage on SB 35 projects, but to remove the skilled and trained workforce requirement. So that I think will make are intended to make things a little bit more economical and easier for developers to find contractors and get things built.

Moving on to SB9, which I know is also another subject near and dear to the heart of Sausalito.

Um, You know, there's an effort to try to clarify how SB9 works. One of the big changes that are being is being discussed is essentially prohibiting a local agency from imposing objective standards that don't apply uniformly to development.

within the underlying zoning.

or do not relate to design improvements for, you know, for the parcel in general. So it's really trying to, homogenize and make the development standards for AD or for SB9 lot split projects and regular projects that wouldn't be subject to the lot split, subject to the same rules.

And then there are just a few interesting ones, not necessarily a big deal for Sausalito, but a lot of housing projects get stuck at the end where they're actually built and they're having trouble getting PG&E to actually hook them up to the electric grid. So they're trying to, the state legislator.

Legislature is trying to work with PG&E and the other utilities in the state to basically force them to have a fixed timeline to connect up housing projects that are completed.

And that's just highlights of some of the things going on in Sacramento.
00:15:52.69 Jeffery Luxenberg Thank you very much for that very thorough analysis of what's going on. And as you always do, keeping us up to date on the activities in Sacramento. Next item is standard conditions of approval for resolutions. Director Phipps, now that we are in the process of having some staff, I would, if you could schedule something for maybe the end of May, you gotta let folks get on board for a month and then maybe sometime at the end of may uh uh vice chair junior If you could schedule something for maybe the end of May, you got to let folks get on board for a month. And then maybe sometime at the end of May, Vice Chair Juniors and I can sit down with whatever staff you decided is appropriate for working on standard conditions of approval. Ferry Landside Working Group, Commissioner Feller, is there any further meetings that have been set up? I know that Director McGowan is working on it, but have we made any progress on that?
00:16:44.48 Kristina Feller Thank you Chair Luxembourg. At this time there is no set meeting. Obviously this was pulled from our last agenda two weeks ago. So I believe he's gone back to his team and we're waiting to hear about the possible date for Vice Chair Junius and I to attend.

uh,
00:17:01.95 Jeffery Luxenberg that would be great thank you very much housing element working group commissioner fellow and commissioner sad any further updates from two weeks ago
00:17:11.06 Kristina Feller Well, I think we're all biting our nails waiting to hear about the what the state is going to respond to with our submission and Director Phipps, I don't know if you've heard any any new updates through Beth or the state yourself.
00:17:27.07 Director Phipps If I may, thank you, Commissioner Feller. Staff have a meeting scheduled with HCD staff. By staff, I mean City Attorney Beth Thompson and myself to have a discussion with state HCD staff regarding comments in connection with our submitted housing element next week, I believe on the 18th.

And following that meeting, staff plan to prepare communication to council. I think it would be appropriate for staff to also send that one-way communication to the working group.
00:18:01.80 Kristina Feller That would be great. That would be most appreciated. And anything we can do to help support your meeting or anything any fallout of that. Commissioner Saad and I are available at at your convenience to do that. So other than that, there's there's no update at this time. Thank you, chair.
00:18:19.91 Jeffery Luxenberg Thank you, Commissioner Feller. Next item is the parklets. And in that case, a couple of weeks ago, we talked about we're still waiting. I'll ask City Attorney Rudin, how are we coming with the outline of the ordinance and code updates that they're going to input into the update of the report?
00:18:40.53 City Attorney Rudin Those are being prepared. I'm asking a colleague of mine to assist me in that, given that there are a number of other items going on in the city.

Um...

And, uh, you know, we anticipate having a draft probably sometime in early May.
00:18:55.92 Jeffery Luxenberg Okay, thank you very much and to director Phipps with that coming in early May it's similarly if you can figure out with your new staff and who would be assigned to this week and then update that report and add that to what. City Attorney Rudin and his new colleague are working on and got something back to the Council, hopefully sometime in June, maybe.

Sounds good. Next item is the Master Plan Working Group, Commissioner Feller, Commissioner Saad.
00:19:25.32 Nastassya Saad I had some contacts with some of the local professionals. We've had a few conversations, but it's coming slowly. Now that Commissioner Feller and I are both in town, we'll have an opportunity to meet together. We're still in the scoping phase. It is quite unclear if we will receive any funding from city council. We still do have an open request for some funding for the Master Plan, but that is where we are currently.
00:19:57.31 Kristina Feller Yeah, I've had some additional conversations with urban planners, master planners, not just about the scope, but also about a range of fees that should be reasonable and different phases in how to implement the master plan. This, we still believe is mission critical work to what we're doing here in the city, because it really ties all of our initiatives together, whether it be bike lanes and parking, transportation, zoning ordinances, and the fallout from the general plan, eventually the housing element, and the Saucyde Municipal Code updates that are so desperately needed. So we really want to get this right, but we want to scope it in a way that is sensible and that is viable to being able to implement in different phases and different pieces.

So, I would like to target potentially the first week of May director Phipps to maybe unveil some of that to you in discussion to get your feedback and any staff that you'd like to, to add. So we can slowly, um, work towards a, a scope that, um, we can all live with and then present that to the commission and ultimately, um, uh, to the city council, uh, with, with our fee request as we keep putting in front of them, which will make it a little easier because they'll understand what the actual scope is compared to the fee.
00:21:24.54 Jeffery Luxenberg Thank you both. Yes, I think if you can get a scope with a cost estimate attached to it, it might be easier to request funding because it's not, they'll understand what the range of funding is for what phases of work and then that might be easier to get it done. The next item is the landslide task force. Commissioner Feltz.
00:21:49.30 Kristina Feller Our next meeting, or I should say really our first meeting since we've been called back, is on April 20th. I believe it's at 1 p.m. I can confirm that, Director Phipps, but that is the working group.

that was originally convened for the landslide task force along with Miller Pacific, which is the city's consultant, geotech and civil consultant. And I will report back after that meeting.
00:22:17.63 Jeffery Luxenberg Thank you, Commissioner Feller. With that, those are the report outs from subcommittee at this point. We'll take public comment on item five, communications. Is there any public either in the audience or on Zoom? Seeing none, Chair. With that, we will close item five. Move on to item six, public hearing. Our first public hearing this evening is for 658 Main Street and with that turn it over to oh yes I apologize at this point we will ask if any commissioners have any ex parte communications thank you very much on commissioner Saad.
00:23:03.02 Nastassya Saad Nothing to declare.
00:23:05.96 Andrew Junius Nothing to declare.

Me neither.
00:23:11.09 Kristina Feller I just want to report that I did go by 658 Main Street. I was looking at the trees. There were a couple workers there working on a retaining wall.

who asked what I was doing there and I just told them and that was the extent of the conversation. They were not the owner of the property. Thank you, Chair.
00:23:32.33 Jeffery Luxenberg Similarly, I also went by 658 and did talk to, I think, the person in charge of doing the landscaping who pointed me to the appropriate trees, but there were no ex parte communications.

With that, we will have a presentation from staff on 658 Main Street. And Ariana is going to do that virtually via Zoom, correct?
00:23:58.96 Director Phipps Correct, Chair. Yeah, we have Arianna Mariscal, Assistant Planner, joining us for a presentation on this item.

If we could...

load up Ariana's video and presentation.
00:24:16.44 Director Phipps Ariana may have a verbal presentation prepared. If we could just turn her video on.

She may. She'll get going. Ariana, the floor is yours.
00:24:25.22 Arianna Mariscal for a while.

Good evening.

Thank you, Brandon.

the Staff report.

at 658 Main Street, request a tree removal permit to allow the removal of three trees.

measuring greater than 10 inches diameter at at breast height, the at 658 Main Street, The applicant, Benjamin Cahine, has applied for the removal of three trees, one coast live oak, one California Bay and One cherry English laurel.

that.

the Arborist also acknowledged the following, Free wine.

is a coast live oak.

observations from the arborist tissue around the entire lower trunk is necrotic with very little.

Green.

let left in the canopy.

tree too.

is a California Bay, the trunk of the tree is branched structurally in a way that Arborist could not take a representative of its diameter, but it was approximately 48 inches across.

The arborist states The base of the tree is extremely hollow and decayed with multiple openings to the decay cavity.

The tree has been cut.

back aggressively multiple times in its life.

leading to large old wounds.

with associated decay in the canopy on large branches.

the tree Three is a cherry.

English laurel, the arborist's report states that this tree shares a codominant shrunk.

attached at grade, which shows there is a structural defect at the tree trunk.

and elevates that the likelihood of of trunk failure.

for this tree.

The arborist states that it is...

as three co-dominant shrunks.

each exactly 14 inches in diameter, codominant shrunks with the attached shared attached at grade are common structural defect that elevates the likelihood of trunk failure.

It is at the top of an old stone retaining wall. The base of the trunk appears to be in contact with the wall, which is cracked adjacent to the tree.

Thank you.

Tree is...

from the base and along the lengths of the trunk.

and through the trees appear to have been recently pruned There is significant dieback deadwood.

in the canopy the project analysis or discussion, the arborist concludes tree one shows irreversible decline in remove removal before it decays to the point of root failure.

And it has been appraised, a negative appraised value equal to its cost of removal of the tree.

Tree two has extensive decay from the base of this tree, increasing the likelihood of the whole tree failure.

This would impact a large area two properties.

which is likely to cause significant property damage.

to properties.

As for trees, one.

And two.

the arborist states the effects or removal of these trees have on neighboring vegetation or Soil stability is less than impact of the tree if it were to be allowed.

fail naturally.

and potentially falling onto desirable vegetation consequently pulling the roots from its hillside.

The arborist concludes tree three to be in early decline that that is outgrowing its available space The basal sprouting along with the sparse canopy has been identified as possible symptoms of possible root disease.

And overall, it's Showing.

Definite.

symptoms of stressed health of the tree. The arborist concludes the whole tree removal of this tree is reasonable management decision.

at this stage...

of its early life and its removal should not have any significant impact on soil stability or on neighboring vegetation.

The arborist concludes the apparent property damage caused by this tree requiring its removal net gates, any potential appraised value, that's Staff agrees that trees one, two, and three are for condition aesthetically and physically are or near the end of their useful life. And therefore, removal is warranted As such, staff concludes the following.

objectives section 11.

One, one.

1, 2, 0, 3, 0, B, 1, A, and D's section.

11, 12.

030B2A and C are consistent with the required and have satisfied objectives below to ensure that public safety as it relates to the health of the tree.

potential hazard to life.

or property, proximity to existing or proposed structures and interference with utilities or sewers to pursue good professional practices of forestry or landscape design. And the tree to be removed, will be replaced with by one desirable tree.

Thank you.

recommendations.

Staff recommends the Planning Commission approve the attached draft resolution.

improving the removal of three trees per findings to their declining health.

structure and possible impact on the neighboring property.

in compliance with findings.

B2.

staff has included the following conditions.

in the draft.

resolution of approval, which satisfy objective A.

the property owner One.

the property owner will replace tree one with a single
00:31:39.13 Matthew Mandich Thank you.
00:31:43.57 Arianna Mariscal a SIR macro film and by the arborist, Minimum.

Shelby, a 15-20 gallon container size.

the replacement tree shall be planted within 60 days.

of the subject tree removal.

you.

documentation of the planting of the replacement trees such as photographs shall be provided by the community development department within 30 days of that, of the planting of the Replacement Treatment.
00:32:20.05 Unknown Thank you.
00:32:22.56 Arianna Mariscal exhibits one vicinity map to Arborist Report.

three draft reports.

resolutions are provided And this will conclude my presentation.
00:32:37.26 Jeffery Luxenberg Arianna, thank you very much. That was a very thorough report. We really appreciate the level of detail that you provided. With that, if we have questions of commissioners, just raise your hand if you have questions of staff.

Commissioner Feller.
00:32:52.84 Kristina Feller Arianna, thank you so much, as the chair said, for such a thorough report and presentation tonight. I just had a couple questions that maybe you could help me with.

Is it the arborist that did the appraisal?

Thank you.
00:33:06.67 Arianna Mariscal Yes.
00:33:06.89 Kristina Feller Thank you.

And, um, UNDER WHAT CRITERIA WERE THEY appraising the value of these trees.

I,
00:33:21.47 Arianna Mariscal who had asked The arborist, if he's on the line,
00:33:27.53 Kristina Feller Okay.

I'm not sure that the arborist is on the line.

I'll keep going here. But it seems to me like these are, even though some of these are undesirable species, particularly the bay laurel, the bay tree, this is quite an enormous canopy, which is habitat, that is being removed.

and the recommendation Is this staff recommendation or the recommendation of the arborist just to put one 15-gallon tree back?
00:34:04.93 Arianna Mariscal It is the recommendation Thank you.

from the arbors to
00:34:10.31 Kristina Feller Thank you.

Okay.
00:34:11.91 Arianna Mariscal Okay.
00:34:12.17 Kristina Feller Bye.
00:34:12.25 Arianna Mariscal Thank you.
00:34:12.34 Kristina Feller Thank you.

And is the retaining wall work at all tied to this project in any way, or is that a separate permit?
00:34:23.18 Arianna Mariscal not tied to this project.
00:34:25.26 Kristina Feller Okay.

All right. Thank you, Ariana. Thank you.
00:34:29.16 Jeffery Luxenberg Thank you, Commissioner Feller. Other questions of staff? Commissioner Graff.
00:34:34.02 Richard Graef Thank you.

Thank you for the presentation.

I just had a question about, the work that's going on, There's a driveway and there's some people going, working down there, I noticed. And I also noticed a big chunk of tree trunk laying there. And I was wondering what that's all about. Does that have anything to do with this project?

or is that something separate altogether?
00:35:02.03 Director Phipps That's outside of the scope of this project, Commissioner Graff.
00:35:05.30 Richard Graef So it's not connected in any way.
00:35:09.02 Director Phipps Now, what's before you this evening is the removal of the trees only.
00:35:17.88 Jeffery Luxenberg Okay. Any other questions of staff? If not, we'll look at who Director Phipps is providing the applicant's presentation.
00:35:28.44 Director Phipps There is Nobody that I'm aware of that will be providing an applicant presentation. Assistant Planner Mara Skoll, are you aware if the applicant is present and will be providing a presentation?
00:35:44.52 Arianna Mariscal confirming the applicant is uh, He does not have a presentation, nor has he is on the line.
00:35:57.35 Jeffery Luxenberg Okay.

Thank you.
00:35:59.98 Director Phipps That's fine. If you'd like to step to the dice, yeah, you have an allocated 15 minutes to use at will.
00:36:00.71 Jeffery Luxenberg I'm not going to be able to do that.
00:36:00.98 Ben Cahan If you'd like to
00:36:01.63 Jeffery Luxenberg Thank you.

Yeah.
00:36:02.61 Ben Cahan Thank you.
00:36:07.29 Ben Cahan I will not use 15 minutes, but I just will add some color to the presentation. The canopy that you see is not for it.
00:36:14.81 Jeffery Luxenberg There's no.

We will be back.
00:36:16.03 Ben Cahan Before you start, if you could just give your name and address for the record. Sorry. Ben Cahan, 658 Main Street.
00:36:18.86 Jeffery Luxenberg Sorry.
00:36:22.26 Ben Cahan Um, the the trees in question.

where trees, when we purchased the home over a year ago, we actually had an arborist look at the trees when we purchased the home as we were kind of concerned about them.

the health of the trees.

Um...

And they were deemed to be irreversible, sudden oak death, one of the trees. It's hard to see from those pictures, unfortunately.

Um, but, If you walk up as I have and you look behind, it's totally hollowed out. And I looked at this grand tree and I had visions of building a tree house for my that was recently born.

Unfortunately, it's a tree that is not sturdy and wouldn't feel comfortable putting a tree house there. So we had another arborist come out once we purchased the home.

And, the same consistent finding.

Um, the canopy of the live Oak is not the canopy that you would see in the picture from the Google maps. Unfortunately, we had a neighbor come out and ask questions, um, as well at 123 Crescent and.

She also looked at the canopy and said that there is no canopy. So, um, you know, there's, We would like to replace it. We enjoy the privacy. We enjoy the trees. As you can see, there's a lot of trees.

We are just picking out the trees that are of concern.

There is a grade in the back of the house. We, as we all know, have been having significant rain destabilizing soil. I think you mentioned a task force that his purpose is to look at that. And so I think this is consistent with just keeping a safe surrounding. We have a newborn child. My wife and I are just concerned that, If something were to happen, it would fall in the house. So we've selectively chosen three trees.

merely because they were, Bye.

We inherited them, basically.

Um, That's really the extent of it.

The one in the front, there's a retaining wall. It's very close.

There was a redwood that had actually been topped by PG&E because it was unhealthy. And the reason it was unhealthy is because it has such a small base with the retaining wall, it can't expand. So it died. They were worried that the top would fall on the power lines. And the same thing when I think that had been observed that there's been extensive cutback. A lot of that's been by PG&E because you have these dead limbs hanging over the lines.

So, um, They had flagged it as well. I mean, it's got a big red dot on it from their markings. It's something that is on their radar as well. So I think the report, thank you very much for the report. It was very thorough.

The arborist, I think, did a good job. As far as the replacement value, I can't speak to that. But I do know that if the tree were to fall on the house, it is worth a lot more.

then replacing the tree with a 15 gallon tree that, we can place on slightly more flat land that would eventually replenish the canopy.

Um...

I'm not sure if you can ask me questions or not, but that's my statement.
00:39:21.43 Jeffery Luxenberg Thank you. You've got 11 minutes, 48 seconds left. If we have any public comment and you want to respond, but if you could stay at the podium for questions from the commission, that'd be helpful. First question I have for you is the replacement tree is going where tree number one is?
00:39:40.69 Ben Cahan Thank you.
00:39:40.76 Jeffery Luxenberg Thank you.
00:39:40.79 Ben Cahan The replacement tree, as I understand it, is for the Live Oak.

Which is in the real
00:39:50.97 Jeffery Luxenberg or a
00:39:51.13 Ben Cahan Correct. And I think the one issue would be putting it on an incline. I think what we would probably do is put it
00:39:51.20 Jeffery Luxenberg Correct.
00:39:59.42 Ben Cahan I don't know.

It kind of flattens out and we would probably be putting it there just to establish how to have it established solid root.

Okay.

All right.
00:40:08.97 Jeffery Luxenberg Thank you for that.

Questions from the commission?

And Commissioner Graff.
00:40:14.84 Richard Graef I'm not.

Yeah, it seems like we're talking hard-making.

Seems like we're talking about shouldn't we be talking about the one replacement tree?

three replacement trees.
00:40:28.76 Ben Cahan Well,
00:40:29.17 Jeffery Luxenberg Thank you.
00:40:29.47 Ben Cahan Oh.
00:40:29.63 Jeffery Luxenberg Sorry.
00:40:30.84 Richard Graef I mean, Is that a question?
00:40:34.28 Jeffery Luxenberg without a question of the applicant, we'll let the applicant answer since you sort of directed it.
00:40:36.12 Richard Graef Okay.

Yeah, I guess I would be, I mean, clearly it's your entire at least one of the trees, but it seems to me that I was wondering why.

would be just one.
00:40:51.87 Ben Cahan I did not specify it was just one. I don't know the criteria. I kind of let the arborist put forth his recommendation.

the if I was to, I guess the replacement of the tree where the retaining wall would be would defeat the purpose of removing the tree. So I think we can cancel that one out. As for the and I don't know if it works as in you would place another tree somewhere else on the property.

I mean, that is something that I would be open to.

they're not large lots and these trees So we would just have to figure out a place where we can put it that it would not be Again, putting it on the back where the soil is potentially degraded.

Okay.

again, I'm not sure the recommendation as to why one versus three, um, But again, happy to plant another tree.
00:41:50.74 Richard Graef Okay, thank you for that.
00:41:52.21 Jeffery Luxenberg Thank you, Commissioner Greff, Commissioner Feller.
00:41:54.22 Kristina Feller Thank you, Chair, and thank you, Mr. Cajon. Thank you for the explanation. It's very helpful to us, of course, to supplement the great report that Ariana has already put together here tonight.

I would be interested in a one-to-one replacement of the trees. I don't see any problem taking them out, but I would like to see if you'd be willing to replace one for one.

And part of the reason is that a lot of the live coastal oaks really do work well in more of that It gives a nice canopy. They grow well together. But if we're taking out the two trees, and I did go by your property, I didn't go walk onto your property or back there, but I do know that there's a slope in the back, and I think that's a good idea.

And if those two trees are coming out and you're not replanting in that area, One of the things we just want to be mindful of is that sometimes when you remove the whole root ball, it creates instability on those kinds of slopes. And so we want to just be mindful that that's not going to happen on your property to create any other issues for you.

So would you be willing to look at like a one-for-one replacement? So three trees, it doesn't necessarily have to be on the Hill, but would you be willing...

to look at that.
00:43:11.39 Ben Cahan I would look at it. I mean, I think that the I mean, there's only so much land.
00:43:16.89 Kristina Feller Thank you.
00:43:16.93 Ben Cahan And at the risk of crowding out our house and presenting another problem further down the line, there is limited areas where we can plant trees. And I think that might be one of the reasons why they suggested the one. I mean, we can't really Um, I think where we can do it, again, it's like, So you've got Crescent above and then it goes down. And basically that whole area is, In my mind, doesn't make sense to plant a tree, we would be keeping the root ball to keep, like we would just, basically, we're not going to be ripping out the entire root system because like you
00:43:58.66 Unknown Yeah.
00:43:59.03 Ben Cahan very rightly point out.

that keeps the stability of the earth.

It's really just that it's so top heavy that we would be taking it out. And then I think we would be open to planting another tree where it flattens out at the base. We would plant another tree.

If we're planting two trees, I really...

They're already getting crowded out.
00:44:19.80 Unknown Yeah.
00:44:20.09 Ben Cahan and they're fighting for space. And one of the reasons they're unhealthy and some of the other ones are unhealthy is because there's only so much canopy and, sunlight. So I think it would be creating another problem, basically. So I think two trees, in my mind, is probably the maximum that the area can Sustain.
00:44:37.15 Kristina Feller Thank you.

And you'd be willing to.
00:44:39.53 Ben Cahan We would do two trees. I don't see where we would put a third.
00:44:40.47 Kristina Feller Yeah.
00:44:42.57 Ben Cahan to be honest.
00:44:42.62 Kristina Feller to be honest.

And I know that Vice Chair wants to weigh in on this too. But the bay laurel, unless you want it to grow back, you actually have to grind the stump. Nothing kills those trees. They'll just keep coming back.
00:44:54.16 Ben Cahan Sorry.

That one will have to be removed. I was speaking towards the one on the hill for the soil.
00:45:02.46 Kristina Feller you
00:45:02.58 Unknown Yeah.
00:45:02.95 Kristina Feller Thank you.
00:45:03.12 Ben Cahan That one, unfortunately, is we'll have to get removed and hopefully the retaining wall, it's very old retaining wall that we'd like to see stay in place. So we'll have to see.
00:45:15.37 Jeffery Luxenberg Where's Terry Jr.?
00:45:16.16 Andrew Junius I was just going to make the exact same comment, which you're going to have a tough time getting rid of that bay. Yeah, right. So, there'll be some Bay Roots coming up. It's unbelievable how those suckers
00:45:23.28 Jeffery Luxenberg No.

Yeah.
00:45:25.18 Unknown Thank you.

Yeah.
00:45:25.58 Andrew Junius come up like so quickly. I'm very supportive of the two tree solution here. And I appreciate that. Okay.
00:45:30.59 Unknown Thank you.
00:45:33.82 Jeffery Luxenberg Thank you.
00:45:33.83 Andrew Junius Thank you.
00:45:33.85 Jeffery Luxenberg and the Ministry of Silence also Any other comments from the commission? At this point, we will open it up for public comment, both in Zoom and in the room. Anybody wants to raise their hand in the room or raise your hand on the Zoom.

This is the time for public comments.

Interesting then, sure.

Okay, with that, we will close public comment, and we will bring it back up to the dais.

You can have a seat for now. We may ask to have you come back up if we have any further questions.
00:46:06.69 Ben Cahan Thank you very much.
00:46:07.34 Jeffery Luxenberg Thank you.
00:46:11.34 Jeffery Luxenberg who would like to start.
00:46:15.28 Nastassya Saad I'll start, even though I haven't said anything yet. I was listening. I didn't have very many questions. I did think it was a thorough arborist report, but I too was going to suggest at least one more tree. I also walked by the property and not on the property, but I am aware of that slope. And I think three might be just burdensome for the owner. So I think a two-tree replacement, otherwise I'm happy to support the motion or removal of all three trees with a two tree replacement subject to the owner's discretion on where it's best on the property.

I think it's quite straightforward in my opinion.
00:46:54.71 Jeffery Luxenberg Thank you, Commissioner Saad, Commissioner Vice Chair Jr.
00:46:58.51 Andrew Junius Thank you.
00:46:58.53 Jeffery Luxenberg I would...
00:46:58.86 Andrew Junius Thank you.
00:46:59.05 Jeffery Luxenberg Thank you.
00:46:59.10 Andrew Junius that motion.

If that's a motion. Did you make a motion?
00:47:02.02 Nastassya Saad I think I made a motion.
00:47:02.63 Jeffery Luxenberg Thank you.
00:47:02.73 Kristina Feller Right.
00:47:03.13 Andrew Junius Second.
00:47:03.54 Nastassya Saad Thank you.

I'm not sure.
00:47:04.80 Andrew Junius So...
00:47:04.97 Nastassya Saad Bye.
00:47:05.02 Kristina Feller Can I ask for clarification on the motion from Ariana? Because I just want to make sure that this, do we need to specify the species or is that clear in this arborist report that gives, I think two different species will allow staff to work with the arborist to confirm that? I don't think that we need to weigh in on that. Just want to double check with you, Ariana.
00:47:29.78 City Attorney Rudin And this is actually addressed in the findings and conditions of approval.

at present.

The condition, the end of attachment one states the property owner will replace trees one and two with either an island oak.

or a Coast Live Oak as recommended by the arborist.

Minimum tree size shall be 15 gallon container size.

and the trees have to be planted within 60 days of the subject tree removal. So at present, the resolution incorporates a two tree replacement.

and provides that the commission is going to be waiving the requirement to replace the third tree.
00:48:09.81 Kristina Feller Well, thank you, city attorney Rudin. I'm glad you clarified that. It's different than the recommendation in the staff report. So let's go with the motion and I totally support the motion.
00:48:26.48 Jeffery Luxenberg I just want to bring it up on my computer to read what he just read out. So bear with me for a second.

No, no, I just want to leave it.

for you.

you Please.
00:48:50.53 Jeffery Luxenberg Okay, that doesn't have to be any clearer than that?

Because you can read it two ways, I think, is what I'm asking. You can read it that will replace tree one and tree two with either, meaning one. Or you can read it to be two. Do we want to...
00:49:09.95 City Attorney Rudin I think that the commission, if you wanted to clarify this issue, I would recommend that you move to approve the resolution.

and replace that condition of approval with the requirement that the property owner will replace We'll provide two replacement trees, replacing trees one and two with either a island oak or coast live oak.
00:49:30.15 Jeffery Luxenberg Okay, the maker of motion ruling for that amendment.
00:49:33.32 Nastassya Saad Yeah.

I would take that amendment.
00:49:35.18 Jeffery Luxenberg Yes.

Commissioner Graff.
00:49:38.82 Richard Graef Thank you.

I'm happy with the motion.
00:49:43.82 Jeffery Luxenberg Mr. Feller, any further comments?
00:49:45.42 Kristina Feller No, thank you very much for the clarification.
00:49:48.54 Jeffery Luxenberg Director Phipps, you're clear on the wording that is needed. With that, you want to take a...

Applin, are you okay with the, if you could come to the podium?

So you're okay with, we're leaving it up between the arborist and community development for what the two trees are out of those two choices, but there would be two trees and you're comfortable with that.
00:50:16.22 Ben Cahan I'm comfortable with two trees. I'm, can you just speak to the community development? Does that require a second?

approval or how does that conversation?
00:50:23.68 Jeffery Luxenberg What it would require is that you would define what they are and you just let community development know. I'm assuming it's one of those two species that is listed in the resolution that was attached to the agenda, which you probably see.
00:50:32.27 Ben Cahan Yeah.
00:50:39.78 Ben Cahan Yeah, that's absolutely fine.
00:50:42.37 Director Phipps And if I may share, just for the record, sir, do you have a preference?

with it.

Between the two trees.
00:50:49.31 Ben Cahan I would probably do a little bit of research. I can't speak to that right now. We'll work with you.

Okay. Happy to. Okay. So basically I have a choice between the two that had been set forth and, you assuming I picked I mean, the community, what is the name of the community?
00:51:04.53 Kristina Feller the community development department.
00:51:05.07 Ben Cahan Community Development Department. Community Development Department, okay.
00:51:07.80 Kristina Feller Director Phipps and team.
00:51:08.89 Ben Cahan Oh, sorry.

Okay, sorry. So yes, so I will, do some research, let you know, and then you can tell me if that is suitable.

Thank you.
00:51:17.34 Jeffery Luxenberg Thank you.
00:51:17.36 Director Phipps Very good.
00:51:17.73 Ben Cahan Thank you.
00:51:17.95 Jeffery Luxenberg Thank you.

And the second condition, which is in the materials, which you may have seen, was within 30 days of the planting of the trees, you just have to provide photographs or documentation or photographs to the Community Development Department, which is Brandon's department.
00:51:35.36 Ben Cahan Yep, absolutely.

Thank you.
00:51:36.66 Jeffery Luxenberg Okay.

With that, Director Phipps, can you take a roll call vote on the motion? Happy to share. Thank you, Commissioner Sarkozy.
00:51:42.97 Director Phipps Yeah.
00:51:43.58 Ben Cahan Thank you.
00:51:43.60 Nastassya Saad Yes.
00:51:44.22 Director Phipps Thank you, Mr. Graff.
00:51:45.35 Nastassya Saad Yes.
00:51:45.74 Director Phipps Thank you.

Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxenberg. Yes. Motion passes. Excellent.
00:51:46.74 Nastassya Saad Yes.
00:51:47.02 Ms. Gonzalez Thank you.
00:51:51.73 Jeffery Luxenberg Thank you very much.
00:51:52.46 Unknown Thank you. Thank you.
00:51:54.92 Jeffery Luxenberg With that, we will move on to item 6B, 626 Sausalito Boulevard, which was a project that we heard previously. It was re-noticed because of a change of the date that we had did it to a date certain. But given that, Magna Gonzalez will do a presentation on that. Magna, if you could,
00:52:22.00 Andrew Junius But before we move on, one quick note, I had to recuse myself from the last hearing on this matter, and I will do so again tonight. My law firm represents one of the consultants working with the applicant here, so I'll be taking off right now. So have a good night, everybody.

you
00:52:37.31 Jeffery Luxenberg Thank you, Vice Chair Junius. Ms. Gonzalez, in doing your presentation, if you could just focus on the changes from the previous hearing. We don't need to go through a full analysis of what we heard at the last hearing because this is really a continuation of that. So if you could just focus on what has changed since the last hearing.
00:52:37.36 Andrew Junius Good evening, Vice Chair.
00:52:57.41 Ms. Gonzalez Okay, understood. Give me just a second so I can share my screen.
00:53:00.21 Jeffery Luxenberg I'm sorry.
00:53:15.48 Ms. Gonzalez Since the item was brought to you March 1st, there were a few items that you requested the applicant reconsider.

They were proposing originally to add two parking spaces And you ask them to reconsider and just add one expanded parking space that would be more suitable for a standard vehicle to park in.

and you ask them to reconsider the small on a parking area that we're proposing and eliminate it.

replace it with a planter and in an area to locate the trash containers and for the planter to Um, screen those planters. So they have done that.

You've also...

commented on the trellis that they were proposing and you asked for a simpler design.

something that wasn't so obtrusive and that wouldn't stand out or protrude in the onto the street.

So they updated that as well.

They kept the same color scheme, but they did provide a design and they also shifted the entry steps to the right side to accommodate the oak tree that was there and for easier access to the property.

They added planters on both sides.

of the trellis as well.

We also made some changes to the staff report, and those are listed on the other side of this.

Slide.

We added the zoning analysis summary table. We shifted up in position of the staff report. It's at the top of the report.

We added some more information regarding the Historical Preservation Commission and how they determined that this property was not a significant Historical significance.

And just some additional information clarifying why we had to re-notice it since the previous agenda was full and couldn't be heard at that time.

So the applicant has provided an updated site plan with the modifications that you requested.

They expanded the parking.

space on the west side of the property.

Yeah.

length is now the width is almost 27 feet.

It's an increase of about seven inches from what they were proposing previously.

I'm sorry, seven feet from what they were proposing previously.

The steps were also shifted to the right side, as I previously mentioned.

And on the right side, you can see the planter with the proposed area for the trash containers on the right side.
00:55:56.54 Director Phipps And if I may...

Magda, when we say to the right, I believe we mean to the east.
00:55:59.71 Ms. Gonzalez Thank you.
00:56:03.37 Ms. Gonzalez To the east, I apologize, yes, to the east.
00:56:03.44 Director Phipps Thank you.
00:56:07.79 Ms. Gonzalez The colors are the same. There weren't any concerns that you expressed last time. So they kept the same colors, the same color schemes.

The trellis, the arbor is updated to a more simplistic design.

On this slide, you will see the previously proposed design with the current one. In comparison, you can see that the trellis Thank you.

is Thinner it doesn't obstruct the.

rode as much as the previous one, and it's more of a one so-called design that was requested.

This slide shows different angles of the updated design As you can see on the on the picture, the first picture, the planter, the proposed planter with the trellis, planters on both sides of that trellis, and then an expanded parking on the west side of the property.
00:57:10.50 Ms. Gonzalez I'm not sure if you want me to go over the same CEQA exceptions, they still apply under Section 15301 and Section 15303.

We made the findings for all applications requested.

And staff recommends that the Planning Commission adopt a resolution to approve the design review permit with height and review.

the variance, the tree removal permit, and the crotchman agreement for the project as proposed in this revised proposal, subject to the conditions of approval.

or the Planning Commission may continue the hearing for additional information and or project revisions or direct staff to prepare a solution for denial, stating the specific reasons any or one anyone or more of those findings cannot be made.

That concludes my presentation. I'm available for questions. The owner, Shema Kovac, CUP and the applicant and are also available via Zoom.
00:58:13.32 Jeffery Luxenberg Ms. Gonzalez, thank you. I do greatly appreciate the fact you gave a nice, succinct summary of what the changes are. At this point, questions from commission members of the staff report.

Commissioner Gregg.
00:58:27.08 Richard Graef I have a couple of questions.

It's not clear on the drawings, at least I couldn't, determined.

The area for the trash containers, there's a, it's called out, but there's nothing on the plan that's, that's understandable about how big that area is or if it's paved or where it is. It's just really hard to figure out.

how that works and how they get the trash cans there and it's just not clear from the plan. That was one question and the other is that the trellis, the proposed trellis, there are no dimensions on it. There are no dimensions telling how tall it is. I see how wide it is, but there's nothing on the height. So I would like to know how tall it is, and I'd like to know how the trash container area is handled. It just doesn't I can't see it on the drawings.
00:59:51.57 Ms. Gonzalez I apologize, I was trying to unmute myself and it wouldn't let me. Let me share the screen.

The plans do show dimensions for that area.

for where the previously smaller parking area was proposed.
01:00:19.94 Ms. Gonzalez It shows measurements on here. So it is going to be paved. It is paved. The road is paved.

It will just...

They currently have this stairs already existing. So instead of hauling, The...

trash cans all the way to the bottom through the stairs, they will just be able to store them right here behind that planter.
01:00:41.18 Richard Graef And what is the surface behind the planner? It's just not clear whether it's paved or, you know, Yeah, it's paved. What level it's on, or it's just really hard to figure out what's going on there. The drawing is not clear, that's all.
01:00:50.47 Ms. Gonzalez Yeah.
01:00:58.97 Richard Graef Thank you.
01:00:59.02 Unknown Bye.
01:00:59.04 Richard Graef Okay.

So I just want to be sure that somebody has covered that base. And then the other was that there's no height. I couldn't find a height on the trellis.
01:01:12.69 Ms. Gonzalez I do not have a height on the trial, as unfortunately.
01:01:13.53 Richard Graef on the trial, as unfortunately.

you Thank you.

Yeah.

That's all the questions I have.
01:01:19.89 Jeffery Luxenberg Thank you, Commissioner Graff. Maybe we can get some clarity from the applicant when they do their presentation. Other questions?
01:01:27.71 Kristina Feller I have none.
01:01:28.60 Jeffery Luxenberg Okay.

With that, is the applicant on Zoom, Magnus?

Yes, she is.
01:01:37.46 Ms. Gonzalez Yes.
01:01:39.10 Jeffery Luxenberg If the applicant can come on, Maria, can we...

unmute them and make them able to be co-hosts and share screen.
01:01:58.27 Jeffery Luxenberg Ms. Montalbano, the floor is yours. You have 15 minutes to a presentation. You can reserve time if you want to respond to any public comments that we get.
01:02:08.76 Ms. Montalbano Hi, thank you.

So the area for the for the trash containers, they are there now. So if you went to, that's exactly where they are right now. It's just a level area that's contained by a retaining wall.

and the, trash containers sit there. So if you had gone by the property, you probably would have noticed that they were there. That's why we didn't go into detail with it, because we just hadn't called it out in the previous plan. So we just wanted to point out that that's where they were.

And for the height of the trellis, my general understanding is that basically, you know, eight feet is kind of maximum height allowable for something that's in the right of way that that kind of thing. So we were thinking eight feet at the peak and it's a curved top. So, you know, we have to allow for that six foot eight clearance. So we really can't go lower than that. Otherwise, you know, people would hit their head and have a difficult time getting out of it. So it was eight foot maximum height.

And, um, Yeah, the trash container, the surface right now is like loose brick and stone.

It's a little rough. We'll probably clean that up during the construction process and making it, you know, slightly better surface. But it really isn't really changing.
01:03:26.05 Richard Graef Okay, well, thank you very much. That clarifies my questions. Yes.
01:03:31.11 Ms. Montalbano Sorry, I should have put that dimension on there.
01:03:34.14 Richard Graef Thank you.
01:03:34.20 Ms. Montalbano Thank you.
01:03:34.51 Richard Graef Sorry, that's about what I figured it was.
01:03:34.52 Ms. Montalbano That's all right.
01:03:38.62 Jeffery Luxenberg Do you have any other additional items you want to mention before we open up the public comment?
01:03:46.72 Ms. Montalbano I just wanted to say that I know that there was some discussion of, there was a suggestion of bringing the retaining wall closer to the house to potentially get a wider parking space. But it's really from the inside of the retaining wall to the proposed roof is just over three feet. So we didn't feel like we could expand that anymore. So instead we lengthened it.

We shifted the stair over but kept it far enough away from the oak tree so that it won't impact that existing oak. And then we added those planters basically to protect the trellis from being hit by a car that's trying to park, as we talked about last time. So that's basically it.
01:04:33.22 Jeffery Luxenberg Okay, thank you very much. With that, we will open it up for public comment. If anybody wants to make public comment, it's in the room, just raise your hand and you can come up to the podium.
01:04:49.90 Jeffery Luxenberg Seeing none, Chair.

Um...

Bye.

Anybody on Zoom?

So,
01:04:57.97 Director Phipps thing, none.
01:05:01.65 Director Phipps And just to give attendees another opportunity to provide public comment if they're interested, if you'd like to provide public comment on the item, please raise your hand and step to the dais.

So,
01:05:13.19 Jeffery Luxenberg Thank you.
01:05:13.22 Director Phipps non-chair.
01:05:13.76 Jeffery Luxenberg Thank you.

Okay.

At this point, we'll close public comment and we'll bring it back up to the dais.
01:05:23.38 Unknown Thank you.
01:05:26.05 Jeffery Luxenberg Looking for Commissioner Feller.
01:05:26.91 Kristina Feller Sorry.

Thank you, Chair. And thank you, Magda, and to the applicant for coming back to us with those modifications and changes as we discussed at our last hearing. I fully support this project and am ready to make a motion.
01:05:46.74 Jeffery Luxenberg Any comments before a motion is made?
01:05:50.89 Richard Graef Only that, yes, I also appreciate the changes that were made.

I think the solution is good. It looks great.

And so I'm ready to approve it.
01:06:04.81 Jeffery Luxenberg you're sure side.
01:06:05.61 Nastassya Saad Same, I'm ready to approve, appreciate the changes. And also to Magda, thank you for the...

additions in the staff report with HPC and all the detail that was really helpful. So I'm ready to support a motion to approve.
01:06:18.63 Jeffery Luxenberg Thank you, Commissioner Saad. Commissioner Feller, do you want to make a motion?
01:06:21.89 Kristina Feller Yes, I'd like to make a motion to approve project number 2022-00051 with these revised changes.

Talk.
01:06:36.40 Jeffery Luxenberg Any further discussion? If not, Director Phipps, can you please call the roll?

Thank you, Chair, Commissioner Saad.
01:06:43.29 Director Phipps Thank you.
01:06:43.62 Ms. Gonzalez Yes.
01:06:44.27 Director Phipps Commissioner Graff.
01:06:45.43 Ms. Gonzalez Yeah.
01:06:46.11 Director Phipps Commissioner Feller.
01:06:46.95 Ms. Gonzalez Yes.
01:06:47.41 Director Phipps Thank you.

Peace.

He is abstaining. Chair Luxenberg? Yes. Motion passes.

Thank you.

Thank you.
01:06:55.44 Jeffery Luxenberg Thank you very much.
01:06:56.01 Director Phipps Thank you.
01:06:56.06 Jeffery Luxenberg Thank you.

Next item is adjournment.

So moved.
01:07:02.20 City Attorney Rudin Brandon, on the last motion, I would note recusal, not abstention.
01:07:07.05 Director Phipps Agreed, Sergio. Thank you. That was my...

Thank you.
01:07:11.08 City Attorney Rudin Thank you.
01:07:11.49 Jeffery Luxenberg Thank you, Attorney Rudin.

With that, we'll look forward to seeing you all in a couple weeks.