| Time | Speaker | Text |
|---|---|---|
| 00:00:00.03 | Nastassya Saad | Um, September Wednesday 24th meeting planning commission meeting to order it is 631 I think it's the audience for being here assistant city manager |
| 00:00:13.35 | Assistant City Manager | Thank you very much and good evening to you chair, vice chair, planning commissioner, 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 call roll. Commissioner Moore. |
| 00:00:34.20 | Fred Moore | here. |
| 00:00:34.84 | Assistant City Manager | Commissioner Merlot? Here. Commissioner Luxenberg? Present. Vice Chair Junius? Present. Chair Saad? |
| 00:00:36.23 | David Marlatt | Yeah. |
| 00:00:41.58 | Nastassya Saad | here. |
| 00:00:42.35 | Assistant City Manager | All are present, we have quorum. |
| 00:00:43.89 | Nastassya Saad | Thank you very much. Item number two is the approval of the agenda. Do we have a motion? |
| 00:00:50.84 | Fred Moore | So moved. |
| 00:00:51.91 | Nastassya Saad | Thank you. up. Is there a second? Second. Thank you. Assistant City Manager. |
| 00:00:55.06 | Eric Lundquist | So, Yeah. |
| 00:00:58.69 | Assistant City Manager | Commissioner Moore. Commissioner Merlot yes Commissioner Luxenberg yes Vice-Chair genius yes chair Saad yes motion passes back to you |
| 00:01:08.38 | Nastassya Saad | Yes. Thank you. Thank you. Item number three are for public comments on items that are not on this agenda. Assistant City Manager. |
| 00:01:17.91 | Assistant City Manager | Thank you very much. This is the time for the commission to hear from citizens regarding matters that are not on the agenda, except in very limited situations. State law precludes the 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 that the subject to be agendized at a future meeting. Video or audio public comment participation is limited to three minutes per speaker, unless modified by the chair. If you'd like to make a comment, please submit a speaker card to me and or my colleagues to my right, that is Matthew Mandich and Maria Hernandez this evening. If you'd like to make a comment in the Zoom application, please raise your hand and you will be called upon when it's your time to speak. And of course, if you're joining us from a phone and you'd like to raise your hand, Press star nine. Each speaker will be notified when your time has elapsed. And Chair, I'm just gonna go ahead and look directly to the Zoom application. And I am seeing none. Also, I did not receive any speaker cards for this item and I did not see any interested speakers in the chamber at this time. So I will give it back to you. |
| 00:02:26.74 | Nastassya Saad | Thank you very much. Item number four is the approval of planning commission minutes. We have the commission minutes from September 10th. I'll have an edit, but I'll first open it up to the commission. Any notes or discussion? I believe I had emailed this in Assistant City Manager, but just to note that line 10 on page five, it was a four zero roll call in the notes, excuse me, in the minutes, but I just wanted to note that I did dissent, so it should be a four one if we can make that edit. And with that, thank you very much. With that, anything else? Commissioner Luxenberg. No, I'll move forward. |
| 00:03:04.86 | Jeffery Luxenberg | Thank you. |
| 00:03:05.72 | Assistant City Manager | Thank you. |
| 00:03:09.72 | Jeffery Luxenberg | I'll move for approval with that edit |
| 00:03:12.39 | Nastassya Saad | Thank you. Do I have a second? |
| 00:03:14.78 | Jeffery Luxenberg | Thank you. |
| 00:03:14.89 | Assistant City Manager | in the |
| 00:03:15.22 | Nastassya Saad | Thank you. Assistant City Manager. Thank you. |
| 00:03:18.41 | Assistant City Manager | Mr. Moore. Yes, Commissioner Merlot. Yes. Commissioner Luxenberg. Yes. Vice Chair Junius. Yes. Chair Saad. Yes. Motion passes. Thank you. |
| 00:03:27.49 | Nastassya Saad | Item five are communications assistant city managers or anything from city staff |
| 00:03:32.79 | Assistant City Manager | Thank you for the opportunity chair. One communication item from staff this evening, as the commission may recall, as part of the housing element drafting process, the city council provided direction to staff to initiate the exploration of a citywide historic resource analysis. I'm happy to report that we were able to bring this item, that being a draft RFP for a citywide historic resource analysis before the Historic Preservation Commission at our last meeting on September 18th. And we are currently working with a satellite historic preservation created working group to draft the next iteration of the RFP. And we look forward to carrying this important project forward. Just wanted to provide that update, Chair, and that does it for staff communication items in connection with kind of in progress and new projects. I also just wanted to provide a follow-on reminder that CDD, that's the Community Development Department, is working closely with our ballot consultants to disseminate some factual mailers in advance of our November 4 special election. If it's not on your calendars, please make sure it is on there. We really look forward to your participation in connection with ballot measures J, which applies to voter initiative 1022, and ballot measure measure K which applies to ordinance 1128 and of course these are linked with the implementation of our housing element rezoning program there's also another item on there associated with redistricting which I'm less interested in you guys participating and really interested in the focus on the housing element thank you very much that does it for me |
| 00:05:17.45 | Nastassya Saad | Thank you, those are all very important updates. We appreciate them. Does anyone from the commission have any update for a communication item? No, seeing none. Thank you. We'll open up communications then for public comment. |
| 00:05:35.13 | Nastassya Saad | which I think will be short, if at all. |
| 00:05:41.04 | Assistant City Manager | Not seeing any raised hands in the Zoom application or in the chamber chair. Back to you. |
| 00:05:45.16 | Nastassya Saad | Thank you very much. So we'll close communications. We're now gonna move to item six. This is the public hearing portion for the evening. We have six A, which is 33 San Carlos. This is a design review permit with heightened review findings. Before we proceed, I'm gonna turn it to commissioner Luxembourg. |
| 00:06:02.59 | Jeffery Luxenberg | Thank you, Chair Saad. As I stated at a previous meeting, 33 San Carlos Avenue, I believe is about 580 feet from my house, but given the topography of the area, but in Marin maps, it's shown as about 500 square feet, 500 linear feet. I don't see any materiality, but for abundance of caution, I will vote to, I will decide to recuse this at this time. And thank you very much. |
| 00:06:32.78 | Nastassya Saad | Thank you. We'll give Commissioner Luxembourg a chance to step out. And then we'll have senior planner, Matthew Mandich. I'm sorry, principal planner. Congratulations, Matthew. Very happy, very proud, and we are grateful that you're here as our principal planner. |
| 00:06:52.62 | Matthew Mandich | Thank you, Chair. So yes, as you can see, we do not have a presentation this evening. The item will not be heard tonight. The applicant and staff are requesting a continuance to a date certain of October 8th. As we discussed at the last hearing, September 10th, the revised materials requested by the commission were not yet submitted to the department, so we weren't able to review those. Those materials now have now have been submitted however they were submitted too late for processing in time for this hearing but we do have everything that has been requested so we're working our way through that and confident that we'll be able to get this item heard in front of you on October 8th |
| 00:07:28.89 | Nastassya Saad | Thank you. We'll just see if there are any questions from the commission. Commissioner Marlott. you Just make sure you're |
| 00:07:35.52 | David Marlatt | And thank you, Principal Planner Mendich. Just a quick question. When we receive these documents, are they posted on eTrackit? They are. Okay. So the current set on eTrackit represent the most up-to-date |
| 00:07:39.03 | Matthew Mandich | Bye. you |
| 00:07:43.69 | Matthew Mandich | They are. |
| 00:07:48.36 | Matthew Mandich | That's correct, yes. |
| 00:07:48.80 | David Marlatt | Yes. Thank you very much. |
| 00:07:50.25 | Matthew Mandich | Thank you. |
| 00:07:51.59 | Nastassya Saad | Any questions, Commissioner Moore? |
| 00:07:53.22 | David Marlatt | Thank you. |
| 00:07:53.29 | Nastassya Saad | Thank you. |
| 00:07:53.39 | David Marlatt | care. |
| 00:07:53.66 | Nastassya Saad | Thank you. I just have one question. So just from looking at the summary, can you just confirm then that this will be a different project because there'll be the, I believe an addition of a JADU. So there's a JADU and an ADU, along with the design review of the main residence. |
| 00:08:13.51 | Matthew Mandich | Yeah, that's correct. So I did update the project description based on the revised plan set that I've received. That does include a JADU now in addition to the interior ADU, as well as some reductions in the floor area on the third floor, which we'll discuss more in detail at the next hearing. So there have been some revisions made and some additions made and changes, so reflected that in the project summary for you there. |
| 00:08:34.92 | Nastassya Saad | Excellent, thank you very much. And then can you confirm, because it looks like it'll be two net new units, that this will be subject to HAA? |
| 00:08:42.29 | Matthew Mandich | That is correct. Yes, it will be subject to the housing accountability act and the provisions and protections provided by that as a as a housing project with two net new units. |
| 00:08:50.99 | Nastassya Saad | Okay, thank you very much. And I believe we have Attorney Autumn on the line. If I can ask you a quick question, Hi, thank you for being here. Because it is now, and actually Matthew, correct me if I'm wrong, but for the September 10th hearing, did we have the same summary? I just don't have it in front of me. |
| 00:09:10.76 | Matthew Mandich | No, we did not. I had not received the revised materials at that point in time. So this is the first time that you're seeing that change summary and the addition of the JEDU that plan so was submitted after that hearing date. |
| 00:09:20.47 | Nastassya Saad | Okay, excellent, thank you. So attorney Otto, so if it is two net new units and subject to HAA, this, can you just confirm that this officially counts as a hearing? Because I believe there'll then be five hearings available for an HAA subject project. And this would count even if we're just doing the continuance to the date certain of October 8th. |
| 00:09:44.58 | Attorney Otto | If they've submitted an application that's subject to the HAA, yes, this would count as a hearing. Unless. they were to submit a new application. Yes, this was the hearing. |
| 00:09:54.10 | Nastassya Saad | Okay. Thank you very much for confirming. Thank you, Matthew. Then I don't have any other questions. And if there are no other questions at this time, then we will go ahead and... open this up for public comment. |
| 00:10:11.14 | Matthew Mandich | Thank you, commissioners. |
| 00:10:11.78 | Nastassya Saad | Thank you very much. So I'll, Assistant City Manager, can we do three minutes for public comment this evening? |
| 00:10:18.35 | Assistant City Manager | Yes, we can. And with that, I will begin to call them out. Yes, please. First speaker card I have received is Vicki Abelis, Vicki Abels. And I'm seeing a no from the chamber. So I'm going to put this aside and move on to the next one. Next speaker is Eric Lundquist. Mr. Lundquist, thank you for joining us. You'll have three minutes. Please state your address for the record. |
| 00:10:44.74 | Eric Lundquist | Great, thank you, Eric Lundquist, 480 Gate 5 Road, here in Sausalito. Thank you, Planning Commission, for the opportunity to speak in front of you tonight, and thank you, staff, as well. I just wanted to make a few points, and Chair Saad, your question begs the question, should this actually be re-noticed, new application, new project description, rather than continue to a date certain? On behalf of the owner for 25 San Carlos, I just wanted to read a few notes for the record. The owner of 25 San Carlos remains opposed to the most recent design in place because one, the project has no current planning approvals despite multiple applications being submitted since 2020 and therefore represents a new construction after the original house has been demolished and therefore should be considered as such. The project is subject to the city's stop work order and despite that stop order, the applicant continued to build through the summer. As you may know, the city council considered an ordinance at its last meeting considered increased penalties and fines. Part of that discussion was a discussion on tree alteration permits that are done without the benefit of permit I know it's not an adopted ordinance. I suspect that the council will consider it as next meeting. and then it goes into effect. I trust that the staff will consider those penalties should they be adopted as a result of the violations committed here with respect to this project. The PC planning commission requested 300 square feet to be removed from the third floor and from the most recent set that is on E-Tracket, the 300 foot has not been reduced from the third story. The findings from the design review approval under Sausalito's municipal code section 10.54.050 cannot be made. And then further, the applicant hacked a beautiful and protected oak tree without city issuance of the required tree alteration permit that was that provided screening and privacy for 25 San Carlos. A tree alteration permit is a mandatory submittal to be obtained through the design review approval per section of Sausalito Municipal Code 10.2. 54.060G. And then lastly, The owner of 25 San Carlos will be submitting to the Planning Commission before the next hearing on October 8th, a detailed letter outlining these issues. And then with that submittal, our client's consulting architect will be providing alternative suggested design plans to the applicant for consideration and try to work to a resolution with respect to the privacy issues and the impact to the protected tree. Thank you for your time this evening. Thank you. |
| 00:13:28.24 | Nastassya Saad | Thank you very much. |
| 00:13:30.76 | Assistant City Manager | Thank you for your comments. Moving on to the next speaker. That is Leslie Shufferman. |
| 00:13:33.51 | Eric Lundquist | Sure. |
| 00:13:37.29 | Assistant City Manager | Leslie, welcome. You will have three minutes. Please stay your address for the record. |
| 00:13:41.37 | Nastassya Saad | I would just like to note that we did receive a written public comment that is on our record for the commission and the public from you. So that is noted as well. |
| 00:13:43.92 | Assistant City Manager | Yes. |
| 00:13:44.12 | Fred Moore | Thank you. |
| 00:13:48.80 | Fred Moore | you. Okay, thank you. I live at 39 San Carlos Avenue. I just wanted to mention that there were two issues that I raised at previous meetings and in correspondence with the committee. And Mr. Coussaris and I have been discussing possible ways to ameliorate the impact of the south wall of his structure on my property, which is right across Noble Lane. And we reached an agreement which I forwarded for the record and you can review at your leisure. But I was surprised to hear some additional information regarding a JADU and an ADU, and apparently some additional plans that have been processed or in progress. So I reserve the right to... get a better understanding of that. |
| 00:14:59.89 | Jeffery Luxenberg | Thank you. |
| 00:15:01.39 | Fred Moore | I'm not withdrawing our agreement, I'm just saying I would like to be fully informed about what those issues are. in the project. Thank you. |
| 00:15:17.00 | Assistant City Manager | Thank you for your comments looking to the zoom application for raised hands as that does it for received speaker cards. Seeing no raised hands on the zoom application at this time. I'll give it back to you chair. |
| 00:15:28.88 | Nastassya Saad | Thank you very much. Thank you for the public comment, both written and oral. We will close the public comment hearing, public comment section of the hearing and bring it back up to the dais. Are there any discussion points or any other questions at this time? |
| 00:15:49.00 | David Marlatt | Yes, thank you, Chair. I'd like to ask the attorney Otto if this is, if she agrees or feels that this is a new application requiring new noticing or a continuance of a, I guess the prior application because of this change to the JADU and conversion ADU. |
| 00:16:11.76 | Attorney Otto | I would like to confer with staff as to whether or not it's new notice or continuation. It's still not going to deal with, eliminate our five hearing issue if it is, subject to that. So, It's at the same location potentially I need to talk with staff. This is the first time hearing about it, that there's now two new units was at this hearing. |
| 00:16:39.61 | David Marlatt | Thank you. |
| 00:16:40.40 | Nastassya Saad | Can we have principal planner? I'll chime in there. |
| 00:16:40.80 | Matthew Mandich | I'll chime in there. Thank you. Yeah. So, you know, at the last hearing, which was July 23rd, the project was continued. There were several recommendations made by the planning commission at that time to the applicant. And in that time period, the applicant has since revised their design and made some changes to the plan set. And one of those changes that they decided to do was include a JEDU. It's included entirely within the already proposed interior space of the single-family home. A JEDU and interior ADDU are 66323 units that can be combined per state law so they can also just be approved via building permit as of January 1st of this year. So I don't think this is a different application. It's a revised application but but the project numbers remain the same. There's been no additional application submitted. So I would just carry this forward as a continuation of the previous project. I don't see a reason to. |
| 00:16:42.27 | Nastassya Saad | Yeah. |
| 00:17:35.73 | Matthew Mandich | to call this a new application, it's a revised plan set. |
| 00:17:41.32 | Attorney Otto | Thank you very much for that clarification. Based off staff's recommendation, I have no reason to disagree with his position. |
| 00:17:50.01 | Nastassya Saad | Thank you, Attorney Otto. Thank you, Principal Planner. Any other questions? From anybody. Okay, actually I'm just gonna ask you one final question, Principal Planner Mandich. Can you gauge your confidence that this applicant will in fact be ready for October 8th, so we will have a hearing? |
| 00:18:08.15 | Matthew Mandich | Yeah, thanks for that question. I appreciate that after two continuances. But yeah, we are confident. We have the materials that have been requested. It's the processing will be done in time, agenda will be posted. And it will really be up to the commission at that point to make decision on what happens to the application next. |
| 00:18:24.37 | Nastassya Saad | Okay, thank you very much. If there are no further questions, then I'm gonna look for a motion. The recommendation from staff is to continue to the date certain of October 8th, |
| 00:18:34.56 | Matthew Mandich | So moved. |
| 00:18:36.03 | Nastassya Saad | Thank you, is there a second or? Second. Thank you, any alternate motions? Seeing none, assistant city manager. |
| 00:18:37.48 | Matthew Mandich | I don't know. |
| 00:18:37.64 | Assistant City Manager | again. |
| 00:18:37.73 | Matthew Mandich | Thank you. |
| 00:18:43.23 | Assistant City Manager | Commissioner Merlot? Yes. Commissioner Luxenberg is recused. Vice Chair Junius? Yes. |
| 00:18:44.68 | Nastassya Saad | Thank you. |
| 00:18:44.72 | Attorney Otto | Yes. |
| 00:18:44.97 | David Marlatt | Thank you. |
| 00:18:49.66 | Attorney Otto | Yes. |
| 00:18:51.70 | Nastassya Saad | Yes. |
| 00:18:52.24 | Assistant City Manager | Motion passes. Thank you. |
| 00:18:53.36 | Nastassya Saad | I believe you need our... Oh, I apologize. |
| 00:18:53.37 | Assistant City Manager | I believe you need our. Oh, I apologize. Commissioner Moore. Yes. Motion passes. |
| 00:18:59.21 | Nastassya Saad | Yeah. Thank you very much. With that, we'll be having item seven, which is adjournment. |
| 00:19:06.21 | Assistant City Manager | Move to adjourn. |
| 00:19:07.16 | Nastassya Saad | Thank you. so moved all in favor okay thank you very much |
| 00:19:13.51 | Assistant City Manager | you commissioners thank you staff thank you members of the public have a great evening and we will see you next time |
Leslie Shufferman — Neutral: Resident of 39 San Carlos Avenue. Had reached an agreement with the applicant regarding the south wall's impact on his property but expressed surprise at the addition of a JADU and ADU. He reserves the right to understand the new elements fully and did not withdraw the agreement, seeking more information. ▶ 📄