City Council Meeting - January 10, 2024

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Meeting Summary

1
CALL TO ORDER 📄
Chair Jeffery Luxenberg called the January 10, 2024 special meeting to order 📄. Director Kristin Teiche provided instructions for the meeting, noting it was held in the Council Chamber with Zoom access for public comment 📄. Roll was called: Commissioner Saad present, Commissioner Graff present, Commissioner Feller present, Vice Chair Junius present, Chair Luxenberg present. Quorum was achieved 📄.
5
COMMUNICATIONS 📄
Kristina Feller reported that the objective design and development standard meeting was held on December 18th, and staff is preparing comments to bring forward to the Planning Commission and City Council 📄. Vice Chair Junius noted that there were no further subcommittee meetings 📄. No other comments were made.
6
PUBLIC HEARING 📄
Staff presentation regarding proposed amendments to Title 10 (design review) for CIP projects. The Commission first heard this on December 13, 2023, and requested three minor amendments to Exhibit A: (1) modify section 10-54040 to delete 'privately owned', (2) modify section 10-54050(B)(5) to add public buildings as subject to design review, (3) modify section 10-54060 to incorporate additional submittal items under the community development director's purview. Staff made these amendments 📄. Additionally, staff re-reviewed the municipal code for conflicts, especially with Chapter 10-8-1 (development agreements), and found no conflicts; development agreements with private entities would not preclude design review for city CIP projects 📄. Staff consulted with Mill Valley, Corte Madera, and Larkspur, which confirmed they typically do not require CIP projects to go through design review but may refer substantive public buildings to the Planning Commission for input before City Council decision. Novato and San Rafael codes were also reviewed; San Rafael requires design review for public buildings, Novato says non-residential structures are subject to design review, implying the city could trigger it if desired 📄. Staff recommends conducting the public hearing and adopting the resolution recommending the proposed revisions 📄.
6.A
Ordinance Amending Chapter 10.54 of the Sausalito Municipal Code, Design Review Procedures, and Enacting Section 8.34.020, Related to Construction Time Limits 📄
Kristin Teiche presented the ordinance. Commissioner Luxenberg questioned the requirement for six sets of full-size drawings 📄 and recommended changing to one full-size set and one electronic set, which staff accepted. Commissioner Graef asked why signs and awnings are exempt from public noticing 📄; Teiche clarified that no changes were made to existing noticing requirements. Graef also questioned the use of project valuation to determine construction time limits 📄, and Teiche explained this is a standard approach used in other cities, with extensions available to handle exceptions. Commissioner Feller inquired about the one-time extension provision 📄 and its relation to building permits; Ann Branham explained that state law allows builders to extend permits if they demonstrate good cause, and the ordinance balances extensions with fines to discourage intentional delays 📄. Vice Chair Junius noted that such provisions are common and rarely affect projects 📄. No public comments were received. The public hearing was closed and the commission discussed the proposed amendment.
Motion
Move to approve with amendment to change submittal requirements from six full-size sets of drawings to one full-size set and one electronic set of drawings. 📄
6.B
203 Woodward Avenue Design Review Permit (Project ID: 2023-00068) 📄
The staff presented the project, a Design Review Permit for a new single-family residence with an ADU at 203 Woodward Avenue. Commissioners asked about landscaping and lighting. Staff noted that only a lavender bush would remain, and no neighbor directly across the street. Commissioner Feller questioned the absence of a landscape plan and exterior lighting details 📄. Applicant Jeff Butler confirmed minimal exterior lighting (code-required lights only), and that the existing landscape would be replaced in kind post-construction 📄. Chair Luxenberg asked about a stairway door between the main level and ADU; Butler explained the one-hour fire separation is maintained by a door at the bottom of the stairs 📄. Commissioner Saad inquired about glare from the large front-facing windows; Butler stated the glass would be solar-tinted, and homeowner Tim Sander added that the lot across the street is vacant 📄. Commissioner Graff noted the main entry now passes through the kitchen and that one deck is setback due to a property line, which the architect acknowledged 📄. Commissioner Feller again raised privacy for the ADU; the applicant agreed to discuss a landscape plan with staff 📄. All public comment periods yielded zero comments. The commission moved to approve with a condition for a staff-reviewed landscape plan.
Motion
Commissioner Feller moved to approve the Design Review Permit with the condition that the applicant work with staff to develop a reasonable landscape plan. 📄 Seconded by Vice Chair Junius. The motion passed unanimously (5-0). 📄
7
NEW BUSINESS 📄
At 📄, Commissioner Feller moved to approve the meeting schedule resolution, which was seconded. Ann Branham then advised 📄 that separating the resolution into two parts—first adopting only the regular meeting date/time (second and fourth Wednesdays at 6:30 PM) and second handling specific cancellations via a separate motion—would ensure Brown Act compliance and preserve future flexibility. Chair Luxemburg summarized the approach 📄. Commissioner Saad moved the amended resolution 📄, which passed unanimously. A second motion 📄 to cancel meetings on the second and fourth Wednesdays in August, the second Wednesday in November, and the second Wednesday in December was made and passed. A third motion 📄 to cancel the second Wednesday in January was also approved. The commission then conducted elections. Vice Chair Junius nominated Chair Luxemburg for another term 📄; Commissioner Feller nominated Commissioner Saad 📄. Roll call resulted in Chair Luxemburg’s re-election 📄. For vice chair, Chair Luxemburg nominated Commissioner Saad 📄, who was elected unanimously 📄. Commissioner Feller thanked outgoing Vice Chair Junius 📄.
Motion
1) Motion to adopt resolution establishing regular meeting time as second and fourth Wednesdays at 6:30 PM, without preset cancellation dates 📄. Passed unanimously. 2) Motion to cancel meetings on the second and fourth Wednesdays in August, the second Wednesday in November, and the second Wednesday in December 📄. Passed unanimously. 3) Motion to cancel the second Wednesday in January meeting 📄. Passed unanimously.
8
ADJOURNMENT 📄
Commissioners and staff exchanged closing remarks and farewells. Meeting was adjourned without further business 📄.

Meeting Transcript

Time Speaker Text
00:00:02.38 Jeffery Luxenberg This is the January 10th, 2024, you This is a January 10th, 2024 special meeting of the Sausalito Planning Commission. We'll call this to order, Director Fitt.
00:00:18.32 Kristin Teiche Thank you, Chair, and good evening to you, commissioners, staff, and 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. Here. Commissioner Graff.
00:00:37.76 Kristina Feller here?

Yeah.
00:00:40.11 Kristin Teiche Commissioner Feller.

Thank you.
00:00:41.02 Kristina Feller Here.
00:00:41.65 Kristin Teiche Vice Chair Junius. Present. Chair Luxenberg. Here. We have achieved quorum.
00:00:46.61 Jeffery Luxenberg Thank you very much. Next item is approval of the agenda. I'll look for a motion.
00:00:50.89 Kristina Feller So moved.

Second.
00:00:53.74 Jeffery Luxenberg any discussion about the agenda?

Seeing none, Director Phipps, please call roll.
00:01:01.67 Kristin Teiche Commissioner Saad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxenberg. Yes. Motion passes.
00:01:03.95 Jeffery Luxenberg Thank you.
00:01:05.89 Richard Graef you
00:01:05.91 Jeffery Luxenberg Yeah.

I'm not sure.

Next item is public comments for items not on the agenda. Director Phipps, if you could give instructions, please.
00:01:16.29 Kristin Teiche Yep. Thank you, Chair. Happy to. 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 Commission may refer matters 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'd like to make a comment, please submit a speaker card to me and or my colleagues to my right, Matthew Mandich and Maria Hernandez. If you'd like to make a comment in the Zoom application, please raise your hand 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.
00:02:02.53 Jeffery Luxenberg Thank you, Director Phipps. Anybody in the audience? I'm seeing none. Seeing none on Zoom. We'll close that part of the agenda. Next item is approval of the Planning Commission minutes from December 13th. A little promotion.
00:02:18.17 Kristina Feller I have a comment.

If it's okay. On page two of seven, line 12 and 13, I believe City Attorney Rudin's colleague, Ann Branham, was actually the attorney present for that particular meeting, and I just wanted the record to state that or, in lieu of that, just say it was at City Attorney's office. There was no report out.
00:02:42.79 Jeffery Luxenberg Okay, so is that a motion to approve the minutes with that correction?
00:02:46.40 Kristina Feller That's correct, Cher.
00:02:47.55 Jeffery Luxenberg Okay. Is there a second?
00:02:49.86 Kristina Feller like,
00:02:50.94 Jeffery Luxenberg Is there any further discussion on the minutes? Director Fitch, please take roll.
00:02:56.69 Kristin Teiche Commissioner Saad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxenberg.
00:02:57.78 Jeffery Luxenberg Yes.

Yeah.

Yes.
00:03:01.00 Ann Branham Thank you.
00:03:03.55 Kristin Teiche Yes.

Yeah, let's get Ann Credit. Sounds great. Thank you.
00:03:07.01 Ann Branham THE END OF THE END OF THE I would note also, since we're talking about that, that on page one, it also reflects that Sergio was present as staff. So we may just want to make that edit. But I mean, I don't consider that to be a substantive change.
00:03:18.18 Kristin Teiche Hey, Ann, apologies. Your audio is quite low in the council chamber at the moment, requesting some IT assistance to increase it.

I can also,
00:03:27.05 Ann Branham I can also get closer to the mic if that helps in the meantime.
00:03:29.38 Kristin Teiche There we go. There we go. Much better. Would you mind repeating that?
00:03:32.25 Ann Branham Yes, absolutely. On page one of the minutes, it also reflects that Sergio was present under the staff heading. That's not a substantive change. So we can just go ahead and make that revision. But if we're going to do one, we should do both.
00:03:45.36 Jeffery Luxenberg We'll make that revision as well.
00:03:47.46 Ann Branham Perfect. Thank you.
00:03:49.41 Jeffery Luxenberg Next item is communications. Director Phipps, are there communications from CDD at this time?
00:03:54.66 Kristin Teiche Yep. Thank you. One communication item this evening regarding personnel. CDD is excited to be welcoming assistant planner Adam Blair to our team next week. His first full day in office will be on Tuesday, January 16th. And I look forward to introducing him to commissioners and welcoming him into the Sausalito family. Thank you. That does it for communications. Back to you.
00:04:18.22 Jeffery Luxenberg Thank you. That's good news that you're able to fill that position. Commissioners, any report outs at this time?
00:04:26.49 Kristina Feller I'll just make one and ask Vice Chair Junius to possibly add into this, but we did report at our last hearing that we were having an objective design and development standard meeting on December 18th, which we did hold. And I believe comments were made and staff is preparing that to come forward to both the planning commission and the city council.
00:04:50.79 Andrew Junius And there were no sub, I had to leave early. There were no other, no meetings, further subcommittee meetings. Great.
00:04:52.85 Kristina Feller and I think it's a good thing.

Correct.
00:04:57.84 Jeffery Luxenberg Thank you for that report out. Any other comments? With that, we'll go on to item number six, public hearing. I'll be looking for declarations regarding public context.

I'll start with Commissioner Saad. Thank you.
00:05:13.26 Nastassya Saad Nothing to declare. Thank you.
00:05:15.00 Jeffery Luxenberg Nothing.
00:05:15.26 Andrew Junius to the
00:05:15.49 Jeffery Luxenberg Okay.

Mr. Graf?
00:05:17.97 Nastassya Saad Thank you.
00:05:17.99 Jeffery Luxenberg out there.

Mr. Feller.
00:05:19.46 Kristina Feller Nothing to declare. Thank you.
00:05:20.89 Jeffery Luxenberg I also have nothing to do.
00:05:22.01 Kristina Feller Thank you.
00:05:22.29 Jeffery Luxenberg Thank you.

First public hearing this evening is item 6A. It's an ordinance amending chapter 1054 and section 834.020. This is a public hearing on proposed ordinance amending title 10, chapter 10.54, design review procedures, and considering a resolution making recommendations to the city council. This matter was continued from our meeting on December 13th.

The city council has directed the planning commission to render a report as to its recommendation within 40 days from the city council's December 19th meeting. So a little over two weeks from now, roughly January 28th, give or take a day.

With that, Kristen, if you could give a report out of changes since the last meeting. Thank you.
00:06:12.92 Kristin Teiche Thank you, Chair Luxembourg.

Evening, everyone, and Happy New Year.

So the Commission first heard this on December 13th in 2023, and at the conclusion of your hearing, you asked staff to make three minor amendments to the proposed exhibit A, which is the draft of the text. Modify section 10 54040 administrative design review to delete the word privately owned.

Modify 10 54050 design review section B number five to add public buildings as being subject to design review. Modify 10 54060 submittal requirements to add item M and incorporate the additional submittal items that have been proposed for deletion into just the regular submittal items and make them subject to the purview of the community development director, whether or not they are needed.

In addition to the modifications above, um, you asked us to re-review the municipal code to ensure there was no conflicts between Title 10 in general and, the proposed amendments and with particular emphasis on chapter 10, eight, one development agreements. And last you asked us to do a little further sleuthing into what other cities do for CIP projects with regard to the planning commission's involvement. So exhibit a has been amended as you've requested. I have to note that I did simplify the language a little bit that had been proposed by Mr. Luxembourg about how we word phrased the requirement was subject to the CDD director. It just simplified it, but it says the same thing.

With regard to a more comprehensive look at Title X, I was unable to identify any conflicts with the references located throughout with various chapters to design review. It didn't, we weren't modifying anything that changed those references and required them to be changed.

With regard to Chapter 10A1, both myself and the city attorney look through it very carefully.

One of these chapters does not So, you know, does not impact the implementation of the other is our general conclusion.

There is no development agreement.

that would be entered into by the city with regard to its own CIP projects. This type of chapter would apply to a development agreement with a private entity.

And having gone into that development agreement, it would not preclude the city from requiring design review if it's required in the chapter. So we didn't identify a conflict there as well.

I was able to consult with Mill Valley, Corte Madera, and Larkspur, who I worked with before, and confirmed that they do not do the typical CIP projects as a design review project, similar to what Sausalito was doing that we're proposing to change. They did indicate that any substantive building, like a brand new public building or a substantive change to a community area.

would likely be referred to the planning commission for input and to allow the public input before it got to the city council. But the council would be the decision making body on that.

I did also look into the municipal codes of some of the cities that weren't calling me back and Novato and San Rafael.

And they do not require CIP projects to go through design review either.

I think San Rafael does require public buildings to go through design review.

And Novato says non-residential structures are subject to design review. So one could assume the city has the ability to trigger it if they really wanted to.

So there's where I stand. The other cities are not calling me back. It's not atypical when everybody's really busy.

And you're working through a phone line these days. Nobody seems to do that anymore.

Um, So at this point, staff is recommending you conduct the public hearing and that we adopt the resolution recommending the proposed revisions tonight.

And if you have any further questions or comments, I welcome them.
00:10:25.87 Jeffery Luxenberg Thank you, Kristen. Thank you for taking out the statement I had, which I did on the fly last time, was redundant, so I appreciate you cleaning that up. No problem. I do have a question on 10.54060D, which relates to submittal of plans. Currently, it says that you're going to be requiring six sets of full-size drawings. What do you currently get, usually?
00:10:51.09 Kristin Teiche Typically none or just one for our use in-house. So we could change that.
00:10:55.09 Jeffery Luxenberg So, I'm going to recommend when we get to that point that we change the language to one full-size set and one electronic set of drawings. That's great. We won't put it into the code, but I would encourage people to split the electronic sets into two parts so that the files are a little bit smaller because we've had problems loading them. They take a while. It also is good to look at the floor plans at the same time you look at elevation. So it would be nice to have them in two separate files, but we don't need to have that in the code.
00:11:04.86 Kristin Teiche Thank you.
00:11:04.89 Nastassya Saad That's great.
00:11:27.84 Jeffery Luxenberg Thank you.

Are there other questions of staff about the updated thing? I'll start with Commissioner Vecch.
00:11:36.92 Richard Graef Oh, hi. Excuse me, I did have a question about noticing. I read in the, I don't think I have a copy of it here, but It said that signs and awnings that are being reviewed do not need to be reviewed.

excuse me, noticed to the public. And I was just curious about why that is, because I think normally they're either coming in as part of a greater project, like a building or something like that, or else it's a small item. But there are conditions like we had at one of the marinas recently, where they had a fairly large signing program, which seems to me that it might have triggered some kind of notice. I'm just wondering why there's no notice.

for signed projects.

Thank you.
00:12:46.53 Kristin Teiche Well, I'm,
00:12:46.56 Richard Graef if there are some criteria for where it might be triggered.
00:12:52.10 Kristin Teiche We did not make any changes to the noticing requirements that were already in the chapter.

I'm not sure where you see that signs are not required to be noticed, but if they are part of a larger project, it will be included in the noticing.
00:13:08.50 Richard Graef Sure.
00:13:09.19 Kristin Teiche Yeah.
00:13:09.78 Richard Graef but Okay.

I was just curious about really why there was no noticing.

And the other question, I'm not sure this is, the, uh, Right, time for that.
00:13:32.19 Nastassya Saad Bye.
00:13:32.65 Richard Graef And looking at these tables for the construction times and time limits and so on, they're all based on the value of the projects.

Maybe this is not the venue to discuss that, but I find that to be a very curious way of determining a timeframe. And...

how those values affect the time because there's so many variables.

And it seems to me that there could be a very small project that could be quickly on.

that was very, very expensive, for example, or there could be a project that's wasn't necessarily a high-end project, but needed a longer period of time to get completed. So I'm just curious of the rationale there. I'm not sure whether this is the right venue to ask these questions, but there you are.
00:14:44.33 Kristin Teiche This is actually a pretty standard approach. I know for a fact that it was done this way in Larkspur as well.

I'm not sure.

And probably other cities around here. I think the general expectation is the more expensive the project, the more time it needs, because it's going to be more difficult or more convoluted.

more extensive.

And of course, there's going to be exceptions, just like in any permitting process.

Um, It's probably a fairly, accurate assumption.

for the most part.

Um, And there are you know, built in here, the processes for asking for extensions at time when needed.

So.

To kind of correct for those times when it doesn't work.
00:15:30.38 Richard Graef So that's the venue for if there's any issues about time, that's the mechanism. Right. Okay. Okay.
00:15:38.04 Kristin Teiche Right.
00:15:38.28 Kristina Feller Thank you.
00:15:38.30 Nastassya Saad Thank you.
00:15:38.33 Kristin Teiche Thank you.
00:15:40.42 Kristina Feller Could I ask a follow-up question to that? Sure. Specifically about the extensions. Is this a one-time extension?
00:15:40.71 Richard Graef Thank you.
00:15:48.27 Kristina Feller Thank you.
00:15:48.36 Kristin Teiche In the building permit process, I think you can get several. We just explored that a little bit today. May I chime in? Of course. I did ask this question.
00:15:48.37 Kristina Feller .
00:15:55.05 Kristina Feller I did ask this question today. Are you looking on page three of the ordinance?
00:15:56.03 Nastassya Saad today.

So, I emailed staff to ask, and so about page three for the construction time limit, in relation to specifically 10.52070, which talks about the one-time extension, that is the difference from a land use permit to a building permit. So that was a difference that was explained. They're not one and the same. There's the permit extension for building and then the land use permit has the one-time extension. Did I get that right?
00:16:20.74 Nastassya Saad THE FAMILY.
00:16:21.02 Kristin Teiche housing permit.
00:16:21.62 Nastassya Saad Thank you.
00:16:31.00 Kristin Teiche Thank you.
00:16:34.64 Kristin Teiche Right. Are you specifically concerned with whether building permits can ask for more than one extension?
00:16:40.63 Kristina Feller I am.
00:16:41.31 Kristin Teiche Sergio's response was essentially that the state gives you procedure to work with them to encourage completion and it isn't really in anyone's best interest typically to I'm not suggesting that they're going to be a permit.
00:16:56.29 Kristina Feller I'm not suggesting canceling a permit. I'm suggesting an incentive for them to finish.
00:16:57.49 Kristin Teiche Thank you.
00:17:01.48 Kristin Teiche Well, the incentives are the monetary fines that are built into that section of the code.
00:17:07.14 Kristina Feller Right. And so I'm just I was trying to reckon here the time extensions versus how and when those penalties would kick in.

And that's why I was asking if this is a one-time extension or something other than that.
00:17:24.04 Kristin Teiche I'd have to read it a little more carefully to answer that. I would imagine we might give them more than one extension depending on the circumstances.

If the code allows for it.

Before you move on to penalties.
00:17:35.31 Kristina Feller before you move on.

Yeah, but you're talking almost a year extension for one extension. That, I mean...

That's a pretty extensive amount of time
00:17:45.76 Kristin Teiche Mm-hmm.

We may want Anne to weigh in on this because I'm pretty sure that they drafted this to comply with state law.
00:17:53.79 Kristina Feller Okay. I mean, if it's state law, it's state law. I'm just trying to understand it myself. So obviously, you know, we want to incentivize any owner or applicant to complete their work.
00:17:54.75 Kristin Teiche you.

Yeah.
00:18:05.45 Nastassya Saad Thank you.
00:18:05.46 Kristin Teiche Thank you.
00:18:05.67 Nastassya Saad Thank you.
00:18:05.75 Kristina Feller We don't want to cancel, get into the business of canceling permits because we don't want a city full of, you know, half completed projects. Right. Just trying to understand the mechanism here. It wasn't clear when I read it, but that could possibly just be my reading of it.
00:18:13.21 Kristin Teiche Right.
00:18:25.22 Kristina Feller So does Ann want to weigh in?
00:18:27.27 Ann Branham Yes, I can certainly weigh in. So I think the idea is you would sort of, account for the potential for a bad actor to delay intentionally when you're determining whether to grant the extension in the first place. So for example, if you had someone who had made very, very little progress on their permit and was going to otherwise be subject to fines, you might account for that as part of determining whether to give them the extension in the first place.

but after talking with Sergio about this, applicants who have a building permit are entitled by state law to have them extended as long as they can demonstrate a good cause for the delay. And so that's where the state law component of it comes from.

So I think we're trying to really balance here, the right to issue the extension, the right to impose the fines, and also comply with the state law. So I think that's how we settle on this approach.
00:19:18.01 Kristina Feller I appreciate that explanation. Thank you.
00:19:22.48 Jeffery Luxenberg Okay, Commissioner Raff, additional questions at this point?

Commissioner Feller, question.
00:19:30.60 Kristina Feller again, thank you.

very much for going back also to those development agreements because those haven't really been used yet so they haven't really been tested yet But we spent so much time getting those drafted and approved
00:19:44.05 Nastassya Saad Ruth.
00:19:44.93 Kristina Feller here at the commission with a recommendation of the city council ultimately did approved those. So it was important to make sure that everything worked with those. I'm curious about Um, public spaces or civic gathering spaces and I'm particularly interested in that here in Sausalito, unique to Sausalito because so many of those places and spaces are gathering spots for evacuation or emergency drills or anything like that.

They tend to be the same locations and I'm just trying to be mindful of the general plan and ensuring that this body is also responsible for the administration and application of that. So would this, Thank you.

include those spaces.
00:20:37.68 Kristin Teiche Do you mean do the amendments?
00:20:37.96 Kristina Feller Do you mean do the amendments? I'm talking about buildings here for design review, but some of those include civic grounds.
00:20:45.95 Kristin Teiche Well, to my understanding, based on these changes, you will not be seeing design review applications for the improvement of design.

city properties unless the council refers it to you.
00:20:59.99 Kristina Feller Thank you.

Or it's a building.
00:21:01.45 Kristin Teiche Or it's a building, exactly.
00:21:03.77 Kristin Teiche And if I may, state law requires the Planning Commission review the Capital Improvement Plan program on an annual basis for compliance with the general plan. So Kevin will be collaborating with the commission in bringing that forward, as well as staff, to ensure that compliance is identified and approved by the commission.
00:21:14.52 Nastassya Saad Thank you.
00:21:26.39 Kristina Feller Okay, that's good to know as well, because we have not previously done that. So is that a new requirement?
00:21:35.20 Kristin Teiche I don't believe the state law has changed recently.
00:21:37.14 Kristina Feller Okay.
00:21:38.21 Kristin Teiche you
00:21:38.24 Kristina Feller Okay, thank you.
00:21:39.22 Kristin Teiche Thank you.

We actually did this for years in Larkspur. I think that because you had design review authority, it might have been overlooked here.
00:21:49.36 Kristina Feller Okay, well, I'm glad to hear that this commission will be reviewing that annually. I think that that was really the basis of my my question. So again, I really do appreciate you bringing this back. Of course. Thank you, Chair.
00:22:07.60 Jeffery Luxenberg Thank you, Commissioner Fellow. Commissioner Saad, questions? Yeah.

Vice Chair Juniors questions of staff.
00:22:14.15 Andrew Junius Yeah, it's not really just a comment. I appreciate the discussion about the timing of permits and extensions and expirations. It is kind of a, it's a funky little area. It does, I'm pretty sure, come from the California Building Code and virtually every code is the similar type provision. But, you know, it's, you know, you do have to guard for the bad actor, but most people don't want to, they want to get it done, you know, and so, you know, when people are, you know, side swiped with stuff that happens, you give them extent, you know, you help them get it done. So, I mean, I appreciate the questions and it's, it's a interesting area, but I've never really seen it.
00:22:44.95 Matthew Mandich Yeah.
00:22:53.29 Andrew Junius affect a real project.

People want to get their projects done, and so did the city. So thank you for that, Con.
00:22:58.41 Jeffery Luxenberg Thank you.
00:22:58.43 Andrew Junius Thank you.
00:23:00.56 Jeffery Luxenberg Thank you for your presentation. At this point, we can open it up for public comment. Director Phipps, could you give instructions, please?
00:23:09.37 Kristin Teiche Certainly.

Thank you.

Video or audio public comment is limited to three minutes for speaker. If you'd like to make a comment, I think since the chamber isn't so full, feel free to just raise your hand and or approach the dais. And if you'd like to make a comment on the Zoom application, please raise your hand in the application. If you're on a phone, you may raise your hand by pressing star nine.

Chair, looking to the chamber, seeing none. Looking to the Zoom application, seeing none.
00:23:39.30 Jeffery Luxenberg Thank you. We'll close the public hearing and bring it back up to the dais. Commissioners, what's your preference?
00:23:46.17 Andrew Junius Move to approve.
00:23:48.84 Kristin Teiche THE END OF THE END OF THE
00:23:49.33 Jeffery Luxenberg Does that include the amendment to change six sets of full-size plans? Absolutely, yeah. To one set of full-size plans and one electronic set of drawings?
00:23:53.80 Andrew Junius Absolutely, yeah.
00:23:59.50 Andrew Junius you.
00:23:59.67 Jeffery Luxenberg Thank you.

Thank you.

Thank you.

Any further comments?

With that, Director Phipps, if you could take the role.
00:24:08.11 Kristin Teiche Happy to. Thank you, Chair. Commissioner Assad. Yes. Commissioner Graff. Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxembourg. Yes. Motion passes. Thank you.
00:24:09.96 Jeffery Luxenberg Thank you.
00:24:09.98 Nastassya Saad Yeah.
00:24:10.03 Jeffery Luxenberg THE END OF THE END OF THE
00:24:10.12 Nastassya Saad Thank you.
00:24:11.35 Jeffery Luxenberg Yes.
00:24:11.69 Nastassya Saad Thank you.
00:24:11.70 Jeffery Luxenberg you
00:24:12.70 Nastassya Saad Thank you.
00:24:12.73 Jeffery Luxenberg Yeah.
00:24:12.97 Nastassya Saad Thank you.
00:24:14.29 Jeffery Luxenberg Yeah.
00:24:18.84 Jeffery Luxenberg Next item is item 6B, which is 203 Woodward Avenue. This is a design review permit. The applicant, Jeffrey Butler, on behalf of the property owner, Timothy Saner, is requesting a design review permit to remodel the existing 1,823-square-foot residence, which includes the addition of a new 636-square-foot third story for a master suite, a new interior floor plan, new roofing, three decks, new doors and windows, upgraded utilities, and seismic and structural upgrades. And Mr. Matthew Mandage, Matthew, if you could provide the presentation, please.
00:25:01.65 Matthew Mandich Yes, of course. Hello, commissioners. Happy New Year. So as just presented by the chair, we'll be discussing a design review permit for 203 Woodward Avenue, which is a remodel and an addition of an upper floor. Next slide, please.

Just a little bit of a brief location here. You can see the property right there. It's on the west side of Woodward Avenue up the slope. Here's Bridgeway for perspective. It's a Google Earth image of the same property. It sits right below the Sausalito Towers apartment complex here. And this building right there is Sailor's Restaurant for those familiar with the area on Bridgeway here. Next slide, please. So as already stated by the chair in the opening here, we have the project summary, which is a request for a design review permit to remodel the existing residence. That will include the addition of a 636 square foot third or upper story for the primary suite. I say third or upper because from the front of the house, it presents as a third story, but from the rear, it second story so um could be really either one depending on how you're looking at it but also a new interior floor plan on that the main living level uh new roofing throughout three new decks two on the main floor and one on the upper floor uh new doors and a new window schedule upgraded utilities and seismic and structural upgrades next slide please Just a little bit of background on this project, and I know some of you have probably gone by to see the site, and you will notice that it is under construction currently. That is because an ADU permit was previously approved in September 2021. There are the project IDs and the building permit numbers there listed for you on the screen and also in the staff report. This is the conversion of the above-ground basement. So as I was discussing before, from the front of the home, you can see that it's a first floor and second floor, but in the rear, it's just the second. So this is kind of an above ground basement that we're looking at right here. And that's this window and this right there. The building permit was expired, but was reinstated in July of 2023 by a new ADU permit that was applied for last calendar year. Construction of this portion of the project is underway. And as it's an ADU and already approved, it is outside the purview of the Planning Commission authority today.

Next slide. So just a brief overview of the site here proposed plans on the left is the existing conditions and on the right we have the proposed really the main difference the footprint and the envelope of the buildings remain larger the same. Some of those decks I discussed right here and here are being added on the side of the main area front area here which will be enclosed currently a porch kind of deck area, and then a new roofing system in place for the upper story edition. Those are the main changes that we're seeing in the footprint. Very little building coverage. which will be enclosed, currently a porch kind of deck area, and then a new roofing system in place for the upper story addition. Those are the main changes that we're seeing in the footprint, very little building coverage being added to the site. Next slide, please.

Just a quick view here of the demo plan and the proposed first floor plan or the main living level above that above ground basement. Pretty much just kind of an upgrade of what we already have enclosing this area here, which is the entry, current entry and deck area in the front that we saw in that image. Two decks being added here. Kitchen updating, living room updating, which was an office in the previous. Bedrooms are staying the same, bathroom largely the same. And the only main difference is is that these windows which are here prior are now going to be doors that open out to the backyard and staircase is moving as well interiorly and because the front entrance was here this will now be the front entrance around the rear side there Next slide, please.

Here's the proposed plans of the upper story addition, 636 square feet for a primary suite. This will include a sitting area, living area that looks out to the east towards Richardson Bay, primary suite here, walk-in closet, and master bath. And here is the new gabled roof plan that accompanies that and the addition of the small third deck right here and here. Next slide, please.

Here's just some elevations of the project for you. Again, I've highlighted the areas that are already approved as part of the ADU. So we're really just focusing on this upper portion here. You can see the existing front and right elevations right there and the proposed here and here. So biggest changes are really occurring on the front facade with the addition, again, as we've discussed, the two decks and the expanded window schedule here. Small deck up on top, and then the ADU down below, which is access from the side here, right there, and then the entrance to the main living level. Next slide, please.

Again, just some other elevations, the rear and the left elevation, you can see these are those two windows I was discussing. Those will now be turned into two doors for each of those bedrooms that already exist in that portion of the house. And the upper story addition in both sides there and the ADU again highlighted below. Next slide, please. Zoning consistency. So overall, the project is consistent with the zoning for an R225 zoning district. As you can see, and as discussed in the staff report, it's under the thresholds for all the requirements for building coverage, FAR, all the setbacks are in line. The height of the building is actually from the current roof line to the proposed roof line only going up seven and a half feet. And these are all under the 80% heightened review as well. So this does not trigger heightened design review the only issue is that we have a non-conforming parking situation typically this zoning district requires two spaces on site there is no on-site parking right now at the site however due to the non-conforming section We can go to to the next slide actually, got a table here for you. So you can see we're dealing with a voluntary and partial demolition for a remodel. This only requires a building permit and does not require any additional parking according to our table in the non-conformity chapter. And while some may argue this is more than partial demolition of all the the changing of the walls and the the upper story addition um there is a city council resolution that was passed um 5236 right there that redefines the term demolition in the code to omit the removal or replacement of any interior walls floors and ceilings as such this demolition can be considered as partial as less than 51% of the exterior linear footage is being demolished. So I think that works ourselves around the issue of the non-conforming parking situation. I think that was explained in the staff report as well. So next slide, please.

Just to give you an idea of immediate surroundings here, I was made aware that the applicant also has some more current photos. These were just taken from Google Earth, and they'll present those afterwards with some of the story polls in place. But as you can see here, this is the house is right there. Can we go back one slide? I feel like we went one, two. Yeah. OK, there we go. So, yeah, here's the home right here. As you can see, two neighboring houses larger than than the house in question. It goes upslope. This house right here, 207 Woodward, was actually given planning approval in November 2023 for a third story addition as well. So they'll be under construction shortly. And we've gotten no comments from either of those neighbors about the proposed project. Next slide. We're going to the rear of the project. This is Rodeo Avenue right here, Woodward in the front, and this is the subject property at 203 Woodward. This is the bit of the Rodeo, or sorry, the Sausalito Towers apartment building there. As you can see, they sit really far up a terrace here, and the first floor of the balconies on these are really right here. Even from this perspective where I'm standing or where the photo is taken actually, the first floor balconies are even above that level. So there should be no view impacts at all on anyone in the Sausalito Towers. Next slide.

Moving across. So here again is a 203 Woodward across the street, all the properties towards the east are all sloped down taking advantage of views looking out toward Richardson Bay so there's really no one that will be directly looking at the front of the house. Everyone looks out east and the only thing that really exists along this side of Woodward Avenue on the east is car decks and garages and such. Next slide.

So, based on all that staff recommends the planning Commission approve the application for design review 203 Woodward and adopt the attached draft resolution approving the design review permit. Staff finds that the proposed project is in conformance with the required design review findings in chapter 1054 and of course the approval is subject to conditions of approval listed in the draft resolution.

Thank you very much and happy to answer any questions the commissioners may have.
00:33:30.05 Jeffery Luxenberg Matthew, thank you. Again, I want to thank you for your excellent report. As I read through it, I kept having questions and then next paragraph, you answered those questions. So very, very thorough. I really appreciate that. With that, questions of staff, Commissioner Saad.
00:33:46.28 Nastassya Saad I don't really have any. I just wanted to confirm, I think I saw multiple times in the report, there's no landscaping changes here, right? It's just that lavender bush that's remaining.
00:33:55.48 Matthew Mandich Yeah, the lavender bush, there were no additional details being provided. Maybe the applicant can provide additional information on that, that they wanted to do a short presentation after. But as far as I'm aware, it's just these lavender bushes. This tree is a non-heritage tree, very small. It will be removed when the decks are put in.
00:34:13.43 Nastassya Saad And then just from the, um, Lighting perspective because of the change from the front facade with all of those windows. Is there any concern from staff similar? I was thinking about 426 Pine, right? In relation to how that lighting might be just ambient light noise on the street. I know there's no neighbor in front necessarily.
00:34:35.17 Nastassya Saad Thank you.
00:34:35.18 Matthew Mandich on this.
00:34:35.67 Nastassya Saad Thank you.
00:34:39.10 Matthew Mandich Yeah, exactly. And well, that was my question too as well. I mean, that's obviously, you know, the window schedule is big and those are some large windows that are taking advantage of that Eastern view out to Richardson Bay. And I gave myself pause as well, but realizing that there's no one across the street looking directly at, and everyone is oriented facing that same direction and down, those would all be to the rear of those properties. We've got no complaints from either neighbor on either side or any comments at all. So, and the project site was well noticed. So yeah, I don't see it as a huge issue, but again, I maybe ask the applicant about that if they have any mitigating measures, curtains exist, things like that.

Thank you.
00:35:17.99 Nastassya Saad that's it thank you very much
00:35:18.43 Matthew Mandich it.

her.

Thank you.
00:35:20.73 Nastassya Saad Thank you.
00:35:20.81 Jeffery Luxenberg Thank you, Commissioner Saad. Vice Chair Jennings, any questions? Commissioner Graff, questions? No. Commissioner Feller.
00:35:29.03 Kristina Feller Thank you again, Matthew, for a great presentation and staff report. I had the same question about a landscape plan. There is not one here, nor is there one that sort of indicates any exterior lighting, which, again, is just sort of a standard of what we typically see up here. I mean, I'm very supportive of this project, but, I mean, we strive to be very fair and equal and transparent to everyone and every applicant so just curious about those pieces and parts and where those might be um and i know we're focused here on what is the front but you know that the back of this property uh also has uh you know i think some great improvements to it but there's also a lot punched openings there. And I'm just curious about that lighting back there and if there's any additional landscape that would be happening there, because I believe there's a retaining wall going in there. And I've looked at this property. I've gone around the property, didn't speak to anybody or saw a couple workers, but none of that landscape is there right now. So I don't know if it was removed and just being saved to kind of put back. But I'm just curious about those kinds of things. Otherwise, I'm very supportive of the project, but want to know where those missing pieces and parts are.
00:36:48.38 Matthew Mandich Yeah, absolutely. Very fair questions. Some of those things I didn't have in the plans that were submitted to me or in the materials. And I think the applicant can hopefully speak to some of those and answer some of those questions for you. I'm sorry, I really don't have all that additional information right now, but I agree that it's needed.

Thank you.
00:37:05.86 Kristina Feller Okay.
00:37:06.28 Matthew Mandich Yeah.
00:37:06.45 Kristina Feller Thank you.

Thank you.

And just just for the record and a point of clarification, did you receive any public comment at all? I checked again before I headed my way this evening, but I didn't see any. I just wanted to make sure the records clear whether we received any or not.
00:37:21.76 Matthew Mandich Zero comment.
00:37:22.36 Kristina Feller Thank you. Thank you, Chair.
00:37:23.02 Matthew Mandich Thank you.
00:37:24.69 Jeffery Luxenberg Thank you, Commissioner Feller. At this point, we'll allow the applicant to provide his or her 15-minute presentation.
00:37:32.54 Matthew Mandich All right. Thank you, commissioners. Thank you, Mr. Man.
00:37:39.64 Jeff Butler Good evening. My name is Jeff Butler. I'm an architect in Mill Valley. I was in Sausalito for 15 years, a few years ago, but Matt did a great job in the presentation. So I'm not sure I need to go through everything again that he described, but I'd be happy to if you would like. But I'm happy to answer questions. And in terms of the two questions you had about lighting and landscape, there's very little exterior lighting proposed. The requirement for lighting on the back uphill side of the house is just one light for each one of those doors. And that's all we plan to install there, but because it's a building code requirement, there's a light at the front door on the side of the house that would face uphill as well. And then all the other, the lighting at the two lower decks is in the ceiling of the decks. Those are finished surfaces. So actually there won't be any light projecting out toward the street. And then there's one light at the door at the upper deck for code purposes as well. In terms of the landscape, you saw the...

was a pretty nice landscape in the photo that's all been removed because of the construction project. The plan is to replace that in kind at the end of the project. But at this point, there's no other landscape proposed, but we'd be willing to.

talk to you about whether you think it needs additional attention.

Thank you.
00:39:09.69 Jeffery Luxenberg Thank you. At this point, we'll have questions because Matthew provided all the plans, so I understand. Certainly. I do have a quick question before I give it to others. There's a stairway that's on the main level that goes down to the ADU, and at the bottom of the ADU, there's a door. At the top, there doesn't appear to be a door, and I'm wondering if that's, one, a sound issue for people in the ADU as opposed to people on the main floor or the vice versa, and also a fire safety issue. Wouldn't you typically have doors on both sides of that stairway?
00:39:42.59 Jeff Butler No, because the one hour separation between the two units is really includes the basement stair. So we want to take advantage of opening that stairwell to the living room space to make the space feel larger is one of the reasons there's not a door at the top. So the door at the bottom of the stair creates the one hour separation. And then the entire floor level is also rated between the two units, which is required by code.
00:40:12.18 Jeffery Luxenberg I see.

Okay.

Questions, Commissioner Sajd?
00:40:19.33 Nastassya Saad I just wanted to ask, I think you might have heard my question earlier about the light that is in the front facing facade with the rest of the, well, the addition of all of those windows. If you could just comment in terms of just any light noise. And I know there's no one in the front there, but is there any concern from that level of?
00:40:29.34 Nastassya Saad Mm-hmm.
00:40:43.30 Nastassya Saad So few windows to so many windows moving forward.
00:40:45.96 Jeff Butler We haven't thought about that, actually, so I'm not sure I have an answer for you. Those windows will probably have a solar gray tint for Title 24 energy purposes, so they won't be clear glass, but you will definitely, if the lights are on inside, you can definitely see that. Yeah.

I don't know whether Tim, you plan on doing...
00:41:11.80 Nastassya Saad Am I just coming up to the microphone?

you
00:41:14.41 Jeffery Luxenberg podium for anybody at home. Anybody at home can hear it.
00:41:17.16 Tim Sander THE CITY IS A LITTLE BIT.

Yeah. So the lot across the street from us. Oh, I'm sorry. I'm sorry. Yeah. I'm Tim Sander. I'm the homeowner. Yeah. Thank you for having us.

So the lot across the street is an empty lot. There's nothing there. So if you're looking straight out from the house, there's no other house. And then all of the other houses, they all have big hedges along Woodward Ave. So there's just nobody on the other side, so to speak, that can really seat of the house unless you're on woodward avenue that would be it so i don't know if that gives you some clarification on things but
00:41:55.39 Nastassya Saad Sure. Thank you. No, the comment on the glass was helpful as well. Thank you. That's all I have.
00:42:00.33 Jeffery Luxenberg Thank you, Commissioner Saad, Vice Chair Junius. Questions? Commissioner Graff?

Thank you.
00:42:05.38 Richard Graef Yeah, a couple quick questions. The main entry has been moved from...

you know, that back, but So now the main entry is right through the kitchen. Am I reading that correctly?
00:42:22.82 Jeff Butler Correct. You come up the side of the house and turn a hard left.
00:42:25.02 Richard Graef and a hard left. Walk right into the kitchen. Correct. Correct.
00:42:27.11 Jeff Butler Correct.
00:42:27.78 Richard Graef Okay, it's a little unusual, but I just want to make sure I understood that. Yeah. Okay. And then on the two decks, I noticed that the deck on the left-hand side, as you face the building, There's.

hold in a little bit from the edge of the building where the other one kind of lines up neatly.

And I was wondering why that was. And I look closer and I see that the setback line runs across there. And it looks like you had to pull the deck back.

because of the setback line. Is that, am I reading that right?
00:43:01.84 Jeff Butler That is correct.
00:43:02.99 Richard Graef And that's kind of too bad because it would have been nice to line that all up. I don't know what you can do about it under the circumstances, but it's one of those sort of unfortunate situations. It's a very, very minor encroachment on the setback.
00:43:05.11 Jeff Butler Yes, it is.
00:43:24.84 Jeff Butler We would take a variance from you tonight if you...
00:43:29.99 Richard Graef I don't know how important it is to anybody. If I was the architect, I would really lobby for that, but I'm not. So I just wanted to make sure that I was reading that.
00:43:44.68 Jeff Butler You're absolutely correct. And it is unfortunate.
00:43:47.76 Richard Graef Yeah.

Thank you.
00:43:51.06 Jeffery Luxenberg Commissioner Fellow.
00:43:53.80 Kristina Feller Thank you, Chair, and thank you for being here tonight. Again, I'm just hoping that you could maybe talk a little bit more about the landscape. You said you would replace what was there in kind. Obviously, there's more building and deck area in that front yard. So is your vision to just plant lavender or is there some other schemes.
00:44:21.76 Jeff Butler Yeah, right now, right out underneath those decks, there is no landscaping. So those decks become patios for the ADU at the lower level. And the lavender bushes would be in front of that.
00:44:27.41 Kristina Feller Thank you.
00:44:27.46 Nastassya Saad Right.
00:44:27.51 Kristina Feller Thank you.
00:44:27.63 Nastassya Saad Thank you.
00:44:36.61 Jeff Butler And so you come into the ADU up the right hand side of the house, come under the deck, which is nice covered entry to the ADU, or you continue up around the left hand side of the front door for the primary residence.

Thank you.

But again, we haven't planned except to replace what you saw in that original photograph.
00:44:54.56 Kristina Feller Thank you.

Okay. I'm just curious, really, I mean, you're the architect, I'm certainly not, but...

about any consideration for privacy, a little bit of privacy just in the ADU, even though I know there's not a unit across the street.

but just just it there's quite a lot of windows there and and you've got your front yard sloping down so it's those windows are all exposed into the ADU in particular. You have a railing above at the main floor, so that will obviously filter a little bit and provide a little bit of privacy. I'm just curious about it.

you
00:45:38.32 Jeff Butler Tim and I can talk about that. We can get back to Matt on some ideas for that. But honestly, we have not discussed that.

I'd just be making something up if we...
00:45:46.03 Tim Sander I- if I may one point, those windows face out to the view. Yeah. So we wouldn't want to block the view.
00:45:52.85 Kristina Feller Yeah.

I'm not suggesting blocking the view. I'm saying sort of soften it a little bit. I got you. You know.
00:45:56.56 Tim Sander Right.

I got you. You know. Certainly. Well, yeah, I guess that.
00:46:01.83 Kristina Feller I mean, there's exposure than full exposure.
00:46:04.63 Tim Sander Right.
00:46:04.70 Kristina Feller Thank you.

Okay. Thank you for bringing that up. Yeah, appreciate that. Thank you. Thank you, Chair.
00:46:06.20 Tim Sander Thank you for bringing that up.
00:46:11.53 Jeffery Luxenberg Thank you.
00:46:11.55 Jeff Butler Thank you, Commissioner Feller. So Tim and I will discuss.

that and we'll talk to Matt about any changes. Hopefully the commission will allow the applicant and myself to discuss that and make changes.

Bye.
00:46:27.95 Jeffery Luxenberg Thank you. With that, is there any additional comments? We're going to open it up for a public hearing, and then you'll have a chance to a few minutes, because you didn't use all your time to respond to any comments, if any occurred.
00:46:41.97 Jeff Butler evening. Again, Matt had such a great presentation of the project. I don't think you want to hear it again.
00:46:47.17 Jeffery Luxenberg All right.

No, we're good with that. Okay.
00:46:49.43 Jeff Butler Okay.

Thank you.
00:46:49.85 Jeffery Luxenberg We all get it in advance, so we're fine. Thank you. Thank you very much. At this point, we're going to open up the public hearing. Director Phipps, if you can give me instructions, please.
00:46:51.17 Jeff Butler All right.
00:47:01.23 Kristin Teiche If you'd like to speak, feel free to raise your hand. If you're on the Zoom application, raise your hand. If you're on the Zoom application with a phone, press star nine to raise your hand.

That does it for the instructions. Looking to folks in the chamber for raised hands. Seeing none. Looking to the Zoom application. Seeing none. Back to you, Chair.
00:47:21.22 Jeffery Luxenberg I will close public hearing and bring it back up to the dais and look for what's the pleasure of the commission at this time.
00:47:29.64 Kristina Feller I'm ready to approve the project and ask that the applicant work with staff to develop a reasonable landscape plan as sort of described this evening. But it would be nice to have something on the record and in the file for that landscape plan, if that's acceptable to you, Director Phipps and Matthew. And so I'm ready to make a motion to approve with that condition.
00:48:00.20 Jeffery Luxenberg Okay, I'm just going to ask, Ann, is that condition clear enough, or do we need further clarity on that condition?
00:48:08.54 Ann Branham Yeah, well, and I maybe look to Brandon to see if that's something that staff feels is workable because it's much easier to ask the person who will actually be implementing it.

But to my ear, it sounded OK, but if staff wants it restated or wants any clarity, feel free to chime in.
00:48:25.79 Kristin Teiche I can confirm staff is fine with with that direction and that condition.
00:48:31.14 Ann Branham Okay, then it makes sense to me as well.
00:48:31.64 Jeffery Luxenberg makes it me as well.

Thank you.

Thank you very much. I'm looking for a second.

Thank you.
00:48:36.55 Andrew Junius I'm not sure.
00:48:38.21 Jeffery Luxenberg Okay. We've got two seconds. We'll go with Vice Chair Genius was first. And is there any further discussion?

Seeing none, Director Phipps, can you take the roll, please?
00:48:49.57 Kristin Teiche Yep.

Thank you, Chair. Commissioner Saad.
00:48:51.20 Nastassya Saad you
00:48:51.22 Kristin Teiche Yeah.
00:48:51.39 Nastassya Saad Thank you.
00:48:51.42 Kristin Teiche Thank you.

Commissioner Graff.

Yes. Commissioner Feller. Yes. Vice Chair Junius. Yes. Chair Luxembourg. Yes. Motion passes.
00:48:52.64 Nastassya Saad Yeah.

Yes.
00:48:59.98 Jeffery Luxenberg Okay, with that we'll go on to new business and we have adoption of the Planning Commission meeting scheduled for 2024.
00:49:08.40 Kristina Feller like to make a motion to approve.
00:49:10.84 Jeffery Luxenberg So...

for a second.

Second.
00:49:12.82 Andrew Junius Thank you.
00:49:12.84 Jeffery Luxenberg Thank you.

Yeah.
00:49:13.56 Ann Branham If I may, sincere apologies. I should have done this before we started taking a vote. I wanted to ask if you all would be amenable to Sort of breaking this up, the recommendation that I was going to make after talking to Sergio is that you don't need to preset your cancellation dates and in fact that sort of minimizes your flexibility.

So the reso has it set out where your cancellation dates are preset. What I would recommend is that you approve the resolution Boring.

The latter half of sentence one where it says, Let's see.

with no meetings in August, only one meeting the second week of November, and only one meeting the second week of December. So approve the resolution minus that portion of the sentence.

And then what I'll do is actually ask for a second motion to cancel those specific meetings. I think that will make it cleaner. It will set your ordinary meeting time and date, which is what the Brown Act requires.

Thank you.

And then you can take a separate motion to set your canceled dates. Does that make sense?
00:50:12.35 Kristina Feller No, sorry. No. I got a little lost.
00:50:13.50 Ann Branham No.

No problem. So what the Brown Act says about your meeting schedule for the year is that you need to just set a regular date and time, i.e. second and fourth Wednesday of the month at 6 30 p.m.

So when you look at the resolution, sentence number one or bullet one here.

has that language, I would recommend that you adopt the resolution with a period after at 6.30 PM. So you've set your regular meeting time out in your resolution.

And then I would not recommend including your cancellation dates in this resolution.

I would recommend adopting the resolution with that change.

And then taking a second motion to set the dates that you would like to cancel on top of your, your regular schedule.

Does that help?
00:50:59.18 Jeffery Luxenberg Okay, so what in phrase slightly differently, but not for the wording would be that we take this first motion with a period after 630 p.m. And then with the motion, the second motion is going to be to cancel the for the second and fourth Tuesday meetings in August and to cancel the I guess it's Is it the first or the second of December?
00:51:26.33 Kristin Teiche Second in November and second week of December.
00:51:29.98 Jeffery Luxenberg So it would be to cancel the second meeting in second Wednesday in November and the second meeting in December. And would we take those three or four cancellations in one motion also?
00:51:42.08 Ann Branham Yep, you've got it precisely right. And I know it's an annoying sort of ticky tacky thing, but that will help us get to compliance with Brown Act and maximize flexibility for this body. Cause you can always make motions.

on subsequent dates to cancel future meetings as well. It gets a little harder if you've done that in your resolution already. So you stated it exactly right.
00:52:01.43 Jeffery Luxenberg and then if we need to cancel another meeting, we can do so. And if we need to add a meeting, it would be a special meeting is what you're saying.
00:52:09.13 Ann Branham Precisely.
00:52:09.33 Jeffery Luxenberg Bye.

Thank you.

I'm sorry.

even if it was on the same date and we won't do it. But if we were to add one in August, we would, it would become a special meeting is what you're saying.
00:52:17.14 Ann Branham Yes. And if you needed to change a time on your normal meeting date for any reason, that would be a special meeting as well. So yes, you always have the ability to do a special meeting at a different date or time.
00:52:27.18 Jeffery Luxenberg Okay, thank you. So we're looking for a motion here, if somebody would make it for, as discussed, number one will add, will stop after the second and fourth Wednesday of the month at 6.30, and that'll be the first motion.
00:52:45.07 Nastassya Saad make the motion if I don't have to repeat the whole thing.
00:52:48.13 Jeffery Luxenberg You make the motion. Well, the motion's in the packet. There it is, yes. With those corrections to the motion in the packet, is there a second?
00:52:49.11 Ann Branham Well, the merchants in the house.
00:52:49.91 Nastassya Saad Thank you.
00:52:50.03 Nastassya Saad Yeah.
00:52:50.51 Nastassya Saad It's so cool.
00:52:50.98 Nastassya Saad THE END OF THE END OF THE
00:52:51.03 Nastassya Saad Thank you.
00:52:51.05 Nastassya Saad Thank you.
00:52:51.15 Nastassya Saad Thank you.
00:52:54.93 Jeffery Luxenberg Thank you.
00:52:55.01 Nastassya Saad Second.
00:52:55.40 Jeffery Luxenberg Okay, all those in favor that's not going to be a good thing.
00:52:57.97 Nastassya Saad Bye.
00:52:59.06 Jeffery Luxenberg Any opposed? Okay. So next motion is a motion to cancel the meetings on the second and fourth Wednesday in August and cancel the second meeting, the second Wednesday in November and the second Wednesday in December. And can somebody make that motion?
00:53:19.77 Nastassya Saad I'll make that motion as well. Second. Second.
00:53:22.48 Jeffery Luxenberg Thank you.

And everyone in favor of that motion. Aye. Aye. Aye.
00:53:25.28 Nastassya Saad Bye. Bye.
00:53:26.08 Nastassya Saad Thank you.
00:53:26.16 Nastassya Saad or.
00:53:26.23 Nastassya Saad Thank you.
00:53:26.99 Jeffery Luxenberg So that passes. Director Phipps, let me ask you this. Do we want to cancel the second meeting in January? Are we at that point?
00:53:42.68 Jeffery Luxenberg Because notices have to go out basically..
00:53:47.07 Kristin Teiche I would support a cancellation of that meeting.
00:53:49.53 Jeffery Luxenberg Okay, so I'd like a motion to cancel the second Wednesday in January meeting because the items that we thought were going to be ready are not going to be ready.
00:54:03.39 Nastassya Saad I'll make that motion as well.
00:54:04.69 Jeffery Luxenberg Okay. Second. Okay. All those in favor of that.
00:54:05.48 Nastassya Saad Thank you.
00:54:05.60 Andrew Junius in.
00:54:07.84 Nastassya Saad Thank you.
00:54:07.96 Andrew Junius to the next day.
00:54:08.03 Jeffery Luxenberg THE FAMILY.
00:54:08.20 Nastassya Saad Bye.
00:54:08.22 Nastassya Saad I'm sorry.
00:54:08.89 Andrew Junius Thank you.
00:54:08.94 Nastassya Saad Thank you.
00:54:08.97 Andrew Junius Thank you.
00:54:09.03 Jeffery Luxenberg All right.

Thank you. So we have those three motions. Moving on to the next item on the agenda is the election of chair and vice chair. At this point, what we will do is we will take nominations for the chair. There is a second is not required. We'll close nominations. We'll take public comment, and then we'll have Brandon take a roll call vote. So for this, are there any nominations for chair in place to adjourn?
00:54:37.22 Andrew Junius I'm going to nominate Jeffrey Luxembourg to remain on as chair.
00:54:41.95 Jeffery Luxenberg Thank you. Are there other nominations for chair?
00:54:45.14 Kristina Feller I'd like to nominate Commissioner Saad as chair.
00:54:49.04 Jeffery Luxenberg Are there any further nominations for chair?

Okay, with that, Director Phipps, please take the roll.
00:54:59.51 Kristin Teiche Commissioner Saad.
00:55:01.59 Nastassya Saad Which one?
00:55:03.97 Kristin Teiche So as opposed to a role, is it appropriate for commissioners to name the preferred chair?
00:55:09.96 Jeffery Luxenberg Yes, that's the way it is. You just name which of the people you want, and then whoever has the most- Commissioner Saad.
00:55:16.95 Jeff Butler Commissioner Saad.
00:55:20.10 Jeffery Luxenberg As expected.

Uh, people.
00:55:24.15 Richard Graef Thank you.

Thank you.
00:55:24.37 Jeffery Luxenberg you
00:55:24.39 Richard Graef Thank you.
00:55:24.51 Jeffery Luxenberg Thank you.
00:55:24.61 Kristin Teiche I will continue. Commissioner Graff.
00:55:26.26 Richard Graef um chair luxenbergine
00:55:29.43 Kristin Teiche Commissioner Feller.
00:55:30.72 Kristina Feller Commissioner Saad.
00:55:32.15 Kristin Teiche Vice Chair Junius. Chair Luxenberg. Chair Luxenberg.
00:55:35.49 Jeffery Luxenberg Uh, chair of Luxembourg.
00:55:37.97 Kristin Teiche All right. Seems as though we have elected Chair Luxenberg to the seat of chair for second year.
00:55:46.60 Jeffery Luxenberg Thank you all. With that, we'll open nominations for vice chair. I would like to nominate Commissioner Saad for vice chair.

or other nominations for the history.

Okay, with that, Director Fitch, please follow up.
00:56:03.94 Kristin Teiche Commissioner Saab.
00:56:04.62 Nastassya Saad Thank you.

Commissioner Saad.

Thank you.
00:56:08.03 Kristin Teiche Commissioner Graff.
00:56:09.68 Richard Graef Commissioner Saad.
00:56:10.53 Kristina Feller Thank you.
00:56:11.18 Kristin Teiche Mr. Feller.
00:56:12.30 Kristina Feller Commissioner Saad,
00:56:13.34 Kristin Teiche Vice Chair Junius. Commissioner Saad. Chair Luxenberg.
00:56:16.25 Jeffery Luxenberg Commissioner Saad.
00:56:18.05 Kristin Teiche Commissioner Saad, welcome to Vice Chair Saad. And motion passes unanimously.
00:56:25.12 Kristina Feller Thank you all. Can I just make a comment? I think it's really important to thank Vice Chair Junius for two years as our Vice Chair.

an incredible colleague of mine, a partner in crime, for many initiatives that we've worked on together.

I always appreciate and respect your perspectives, and I always learn something new every time.

We're up here on the dais and anytime we have a chat and I really want to thank you for all the work that you've done as vice chair and steering this commission forward in the right direction. So thank you.
00:57:01.66 Andrew Junius Thank you.
00:57:01.69 Jeffery Luxenberg Thank you.
00:57:01.71 Andrew Junius I'm not.
00:57:02.03 Jeffery Luxenberg I appreciate it.
00:57:02.53 Andrew Junius Thank you.
00:57:02.62 Jeffery Luxenberg Thank you.
00:57:02.64 Nastassya Saad I would like to second that.
00:57:02.65 Jeffery Luxenberg Thank you.
00:57:02.67 Kristina Feller I'll see you next time.
00:57:04.19 Jeffery Luxenberg And I would like to third that as well. And I want to welcome Commissioner Saad to be vice chair.
00:57:05.15 Kristina Feller Thank you very much.
00:57:06.13 Nastassya Saad Thank you.
00:57:11.11 Nastassya Saad Thank you. Thank you all.
00:57:13.32 Jeffery Luxenberg With that, we'll now move on to item 8, adjournment.
00:57:16.69 Nastassya Saad So,
00:57:16.74 Jeffery Luxenberg THE FAMILY.
00:57:16.81 Nastassya Saad Second. Second.
00:57:18.63 Jeffery Luxenberg All right.

See you all first, second Wednesday of February.
00:57:24.51 Kristin Teiche Thank you, commissioners, for a great first meeting of the new year. Look forward to working with you. It's going to be a great year.
00:57:30.93 Kristina Feller Thank you.
00:57:30.95 Ann Branham Valentine's Day.
00:57:31.85 Kristina Feller Thank you.
00:57:32.72 Ann Branham Thanks for having me. I'll see you all in February.
00:57:38.14 Nastassya Saad you