Planning Commission - Regular Meeting

Good evening. Let's call this Good evening. Let's call this meeting to order. I am going to read a script that I read for every meeting. Uh, as a courtesy, members of the public may participate remotely in this meeting. Please refer to the meeting agenda for information about how to provide public comments either in person here in the room or via teleconferencing. Any persons may address the commission on any items listed on the agenda. Persons wishing to speak on agi items listed on the agenda will be heard when called by staff. You are welcome to speak for up to three minutes. Please address all your comments to up to the to the commission up here. Um public comments from remote participants on Zoom will be audio only. This means members of the public wishing to address the commission Sorry. Would you like me to start over?

Okay. Yes.

Okay. Sorry. I'm glad you didn't ask me to start over, but public comments from remote participants on Zoom will be audio only. This means members of the public wishing to address the commission will be allowed to speak live. However, their videos will not be shown and screen sharing will not be an option. Finally, since the city cannot guarantee that the public's access to teleconferencing technology will be uninterrupted and the option for the public to participate remotely is only a courtesy if technical difficulties arise for participants using the teleconferencing Zoom option. The meeting will continue unless required otherwise by the Brown Act. We appreciate your patience while we get used to the new audiovisisual system that enables us to offer remote participation. I think I'm going to strike that last part. I think we've moved past that. I'll just say your patience that Okay, one second. Get my agenda. Sorry. One second. say okay you did call the meeting to order. You read that and so now we are on to roll call.

Yes. Okay. Uh so um roll call. Um Commissioner Deorgio present. Uh Commissioner Radnich present. Uh Commissioner Sturm present. Commissioner Mason present. Vice Chair Deming present. and Chair Leange present. Okay. Um, can I have a a motion to adopt tonight's agenda? So moved. All in favor? I Sorry. Second. All in favor? I.

All opposed. Okay, we'll adopt that. Um, do we have any public comments on tonight's that are not on tonight's agenda? Hold on. Do we have any public comments that are are Hold on a sec. So that are not that are not on tonight's agenda. Okay. Um so we will take comments from attendees in the room and then we can move online.

Okay. It's okay, sir. I'm sorry. Do you mind pushing that little button at the bottom? It'll turn green. Yeah, there you go. Is that better? Thank you. Should I have to repeat? No. Uh, please just do your name again, sir.

941 Mountain View Drive in Lafayette, Leonard Doran. Oh, for some time now, we've been hearing rumors about 943 Mountain View Drive. The guy just bought it. Uh, it's a duplex and we heard that he wants to tear it down and put up a forplex. Forplex would be totally impossible in that site. It would ruin not only our house, it would ruin the house in back and a couple of others. So, I've called in a young lady was very polite, very helpful. She looked up the record, found nothing there. That was about two months ago. This weekend we heard another story that he was going to come in in four months and tear it down and build a forplex. So we're trying to check that out and I just wanted on the record. We've heard nothing. We and we don't know what's going on. But if there is a forplex there, the neighbors are going to be up in arms.

Okay. And and sir, I would just say um it's good that you talk to the city directly, staff, planning staff. I would continue. I called in and asked for planning and a young lady answered. I don't know who I spoke to. And that's and but I just wanted it on record. Okay. And you you will get notified if any application is submitted that requires it to come in front of a board in a proximity of 300 ft which if they have to tear something down, don't don't they need a permit for that?

Yeah. Yeah. No, I'm talking about they would have to come for some kind of approval process and then and then there's people are notified around that. So, you typically would get notified if you're right across the street. So, um but we don't have anything in front of us tonight and so none of us up here are aware of that, but but it is noted. So, thank you. Okay. Thank you,

chair. And I will note for the record that public notice is only sent out for discretionary applications and the state in the last 5 years or so has adopted roughly 200 housing laws many of which uh create a pathway forward for housing to be built ministerially without the ability for the city to hold a public hearing on it. So it is quite possible in today's day and age with the regulatory environment established by the state that no public hearing

could occur. If the if there is an opportunity to do that know that we will but ministerial actions are required by state law in certain circumstances. And there's is there any way for someone if it doesn't require discretionary approval to you know get notification or I I would suggest uh the way Mr. Doran has uh inquired is the appropriate way to do that. Okay. I just want to make sure you guys heard that. So depending on the type of request submitted by anybody based on all the new housing laws that are now in effect from the state level,

not here. Uh there is a chance that it doesn't require it isn't required. I don't know. I'm just saying possibly. So, just repeating what the planning director said, it it it's good that you're checking in and I would recommend you keep checking in.

It it really depends on the application and and and what they're applying for. There's so many state laws that don't require discretionary. That's what we're doing. Discretionary approval that it's I we can't answer that. I don't know. So, if and when it comes to pass that a project is proposed, we'll be able to answer any questions. Yeah. So, another public comment. Yes. Is that all right? Or we haven't closed it yet? Hold on a sec, ma'am. I'm sorry. Hold on a sec. I haven't closed public comment. So, um we have no additional public comment from uh members attending online. Okay.

So, if there's additional public comment in the room. Okay. Ma'am, if you'd like to come up, please

this button. You're you're good. It's already on. Okay. Yep. Thank you. Uh yes. Uh I'm his wife, Yenna Dorin, 941 Mountain View. Um our block is zoned for duplex house which is supposedly to be torn down is actually single family which was the garage was turned into second unit. So it's duplex but it only one meter. There was never divided properly into duplex. Now if it would be multiple more than duplex now then the zoning would have to be changed. No

ma'am there's been and I'm quoting the planning director because I didn't know the exact number but over 200 state laws that have come down in the last few years that their entire purpose is to increase the housing supply. So just deductive reasoning the next step is they're going to densify the housing which means you know I don't know the answer but there's a lot of those densify housing that's the whole point of it

okay and is the traffic and the the way the traffic goes in Lafayette is getting worse it's a parking lot in in rash hour is not even mandiaba road anymore so is the traffic going to take in consideration that it will be more houses and you know bigger mess on the wrote the laws as written do not necessarily require a traffic analysis. It depends on each project. So again, it's hard to answer without the exact, but um okay, it's a state. In other words, yeah, if they would driven Yeah. If there would be a natural disaster, we will never get out alive. But it's life. Well, let's hope that doesn't happen. Let's hope.

Okay. Thank you. All right. If there are no more public comments, we will close the public comment period. And um do we have consent calendar? Sorry. Yes. Okay. Um uh does anyone have anything on the consent calendar or anything they would like to remove or adjust or otherwise can have a motion to adopt the consent calendar? So approved. Uh second. Okay. Um, all in favor? I. All opposed. Okay. Motion carries.

All right. New public. Um, we have no continued. Oh, there it is. Okay. All right. No continued public hearing. So, new public hearing. So, I'll turn it over to staff to present the the new public hearing, please.

Thank you. My name is Anna Tol. I'm an assistant planner with the city. Tonight I will be presenting on a land use permit uh titled L04-25. The address is 3409 Mount Diablo Boulevard. The property is located in the C1 zoning district and its underlying general plan designation is East End Commercial. The existing building was constructed in 1956 and contains existing uses such as general commercial, retail, general personal service, and one residential apartment unit. The question before the planning commission tonight is the matter of a land use permit to remove the existing uh vacant apartment as part of the overall project scope. The applicant is also proposing exterior modifications to the rear and side and front in phases. Um those will be considered by the design review commission at a later meeting date. The planning commission being the hearing authority on land use matters will act on the question of the apartment demolition. A land use permit is required in the C1 zoning district if the proposed use even a use that is permitted by right will result from the conversion of a residential property. However, the planning commission should know the following about the existing unit. There is no permit history available to staff that demonstrates the apartment was ever converted or inspected according to uh any codes um or permitted with the county. The apartment was likely

converted to a residential use uh from an office or commercial use sometime after 1978 based on the available data. The apartment has been vacant for approximately 5 years and is not currently providing or serving as a housing unit for anyone in the community. The findings for approval can therefore be made for consistency with the general plan, the zoning district, and the surrounding uses as a commercial property. The applicant is proposing a phase one of uh interior demolition to the apartment. Um it's a three-bedroom apartment located at the rear of the building. It is accessed by a stairway off of Almanor Lane. Part of the proposal is also to demolish the existing stairway and hall, exterior hall leading to the apartment. And then in a future phase two tenant improvement of this entire story of the building, it would include conversion to three separate commercial or office spaces and the exterior facade improvements at the front along Mount Diablo Boulevard. This is the phase 2 conceptual for floor plan following those tenant improvements. And this is the story that fronts and enters from Mount Diablo Boulevard. There's also a lower story um that is accessed from the rear that has received approval for a commercial tenant improvement to convert to a wine storage business. Staff recommends the planning commission find the project exempt from SQUA and adopt resolution 2025-07 to approve the land use permit to remove this residential unit subject to

conditions. And that concludes my presentation. I'm available for any questions. Thank you very much. Does anyone have any questions for staff? Very minor. Um the reference to the bike parking um I didn't see it on the plans. Is that something that will come before the DRC or would that be a ZA type of uh decision in the second phase as to whether bike parking is required or where it would be located where where it would be put?

That is something that the design review commission can um review. Um, I have two. Um, can you go back a couple slides? One more. Um, I'm just curious on the second bullet under consider the following. What would what would be what would we be talking about differently if there had been conversion permits? Would there have been would there have been a big discussional difference to what we're talking about? Had they had permits to convert it to a housing or an apartment,

I think it would be assumed that the apartment would not be considered a potentially substandard unit if there was a permit history demonstrating its compliance with residential building code.

Okay. And then because I I'm just hoping that we're not in a situation in the future where an owner can't make a decision in a you know to change something if it's housing, you know, especially when it's zoned such that it's not necessarily housing. And so I just wanted to make sure that that's not the consideration that's making this something that could be or couldn't be considered. It's it's really just saying that it I mean I'm just going to take what you said as the rationale behind that. Um, and then, uh, could you go to the last one? Um, the recommendation. I had another one, but I might have forgotten it. Oh, did, um, for the housing element, did we count housing as that lower unit? Was that counted in the number?

If it was never recognized as a housing unit in our count, it would not be. So it wouldn't have been part of the potential or or Okay. It's not an opportunity site. Opportunity site. Thank you. That's what I was to

follow up on what you said. Uh one of the things that complicates that is uh say I deal my daytime job. Once the city is aware that something has been done without permit, then basically you you can no longer refer to it as existing. you either have to bring it up to current code or demolish it. There is no other other choice. So um once they said that hey it would be was never a residential unit then all the plumbing has to be redone to current electric everything. So I think that will drive some of these things like this and may force decisions on people that probably shouldn't be forced. Thank you.

All right. Um, unless there are any other questions, I think we um, thanks for answering the clarifying. So, um, we will now, uh, the applicants here, they want to say anything, please come on up. If you want, you don't have to. It's up to you. We're mainly here to answer questions.

Okay. Thank you, sir. Um the only question I have was in regards to the phasing. I couldn't find exactly like the timing and and the rationale behind that.

The the phasing is driven by the existing leases. So the upper floor has leases that go um until early 2028. So we won't be able to have the second phase until those leases are concluded. Uh the first phase is the lower floor um you know remodeling and the rear of the building. The second phase will be the front of the building and the upper floor interior. But your the living unit is on this upper floor. So you're going to take that out. Well that space is just vacant. It's been vacant for over 5 years,

but the rest of So, you're at least removing that. So, you you said the upper floor interior is is the second phase, but you're doing part of it now because you're removing the living unit. Is that right? Well, it would just be empty space that until because we're we're going to have three uh front torear commercial units. There's nothing we can do with that apartment space in the meantime. I believe as as part of this phase with the exterior improvements, the rear access to the apartment would be eliminated. Yes, it will be eliminated thereby eliminating the access to the apartment.

Uh emergency, you know, access to that space uh through the um the um the commercial unit on the top. Um, that's there's a door there in case someone needed to get into that space for a repair or something. Okay. So, the interior of the space is going to be demolished along with the back facade, but then it'll remain just sort of open space until you redo. It's just Yeah, it'll be a shell until the the rest of the upper floor can be remodeled.

Okay. Does does it I guess a question for staff if if they were to end up using that as storage like will their new remodel necessitate any improvements like with fire sprinklers or something like that? Is there any issue with them using it in the meantime before they from the city's perspective? I believe that would be a use that's permitted by right as a general commercial use. Um, but the fire district would have to answer any uh questions as to sprinklers and access. For what it's worth, storage has different load live loading requirements than

general office. And if it's a nonconforming use, then that brings up all sorts of other things, bringing it up to code and things like that. It's not a this construction storage, that's one thing, but to actually call it store is whole another realm of hoops to jump. The storage usage is on the lower floor. Yeah, that's fine.

Any other Okay, I just had uh one second. Um Oh, yeah. Did just curious if you had any feedback from neighbors or anyone that anything. Um I took the plans around to all the neighbors who had visibility on it and they signed a petition in support of the plans. Great. And that was provided to the planning department. Okay. Well, thank you. I don't think we have any other questions for you. Thank you. You um Okay. And then we're going to go to public comments. So you might you're good for now. So now we'll uh open it up for public comments. Um, I don't see any in the room. So, unless there's any online,

no public comments online. Okay, we will now close it to public comments. Bring it back to the planning commission. Um, you you do have the opportunity to respond to public comments. There were none, so I'm going to assume you're okay. Um, so I'll bring it back to the planning commission. Anyone have any comments? Any questions? All right. Well, I will take a motion if anyone Make a motion, please. Um, I move that we find the project exempt from SQA and adopt PC resolution 2025-07 approving the land use permit to remove the residential unit subject to conditions. We have a second. Second.

All in favor? I. All oppose. Motion carries. 6. There's a 14-day appeal period uh where the matter can be appealed to the city council upon filing of a timely appeal. All right. Thank you very much. Yep. Thank you.

Well, typically they're going to get if they go through they'll get permits. It'll be long for so long and then they can tip usually go back to the city and ask for an extension like a year I believe right but because it's phased it's a little so I think the question is the term of approval so at least go till 2028 even with extension this is only till 2027 I'm sorry what goes to

I was just noticing the conditions it said pursuant approval shall expire one year from the approval date so that's 2026 next year they and planning building department director can extend for another year. That's 2027. But he was saying the leases are good through till 2028. Are they going to have to come back then? Does the approval have expired?

So um the way it operates in Lafayette is that Lafayette Municipal Code 6250 says unless otherwise specified, a permit is valid for one year from the approval date. So that is the default. It also states that upon showing of good cause prior to the expiration, the one-year extension can be granted by the planning director. And and Lafayette views that as the entitlement to do the work that is envisioned and was approved. So it would be the demolition in this case. Once that is initiated and there is good faith continuation of that that is vested and then let's say it was a a full-on remodel and occupancy. Um once that is begun there's a good continuation and then they get their final inspection. that activity can persist uh in indefinitely

um until such time as the use permit if it required a use permit for instance. Um if they stopped that activity, let's call it a car dealership for example. Um if that were to be approved, they would have a year to build it. Um potentially up to a second year um to initiate construction following construction, they could operate it. Um if there's no term limit set in the in the use permit conditions and then once that use stops, then the MUN code would be invoked. And I looked to Anna because she's probably seen it more recently than me, but it used to be 120 days. Now I think it's a year. Um, so if that activity ceases for a year, then the activity permitted under the use permit, that use permit would lapse. So they would need to apply a brand new to reestablish a

So it sounds like if they do the work quickly and then the work stops because their leases they've done all the renovations and all that and it goes a year off the real I'm it's not a big deal. I just wasn't sure like should we have given them a longer approval to get it done since it's going because they describe in the plan and all that that it's two phases and it's the front renovation and all that kind of stuff. I don't think it's uh important in this case because they they I think will be coming back for a phase two and filing those plans with us to gain approval. They Yeah.

But thank you for the question and the discussion around it. All right. Um we will move on to other business. Um I know I saw when I finally started reading my emails again that Maybe we didn't get a volunteer for ARC. I'm not entirely sure this last one. So, did we do it remotely or or or just review and Okay. I had a meeting um at that time. So, we were able to schedule at 4 8:30 in the morning and and whip through it. It was very easy. Thank you. Thank you.

Thank you for taking care of that at an alternate time. Appreciate it. I and I don't know if I know we're I feel like we're not as and I me I'll speak for myself not as responsive to those requests just because I'm not always seeing them and that's just because I just get a lot of emails. So if uh if you guys are feeling like you're not getting enough feedback, you know, we will escalate the request. Yeah,

I'm open for other ideas, but I feel felt bad when I saw that. Okay, sounds like it was good. No, I think that we've we've had good uh indication from commissioners at the deis if we need to send an email soliciting. We've gotten good responses and and I have all of your mobile numbers, I think. So, uh we we can go there if necessary. Okay. Uh commissioners reports. Do we have any commissioners reports? I don't think so. Planning to Oh, for the next one. Yeah. Okay. We have a volunteer for August 1st. I can do it. Okay. I'm not going to fight that.

Thank you, Commissioner Rednitch. Uh, Vice Chair Rednitch. Yeah, there you go. All right. And then, uh, PL planning director. Oh, your your nightmare. I think that may have changed. Um, but

very good. Um, so two things to report. First is about Firewise, and hopefully you're all familiar with what Firewise is. There's a a concerted effort uh by our emergency preparedness commission to instigate and facilitate formation of firewires communities throughout Lafayette. I believe we're at about 25 now. that that I may be wrong about that, but it is um easily into the double digits. Um Stephanie Bontmp on the Emergency Preparedness Commission is is working in the community and the planning department is helping um prepare the map, right? Basically mapping all of these. Firewise, the the National Fire Prevention Council or the the um umbrella organization does have a map, but it's just points and so it doesn't sufficiently delineate the outline um that we would like to see and that insurance companies would like to see. And the the homeowners insurance policies generally um can get up to a 10% uh reduction in rate if you are part of a fire wise community. And so that mapping effort is currently underway. Um and we'll have it probably done in the next 30 to 60 days. Um and then we I'll ask I'll firstly thank Anna for taking the lead on um our ADU accelerator program which recently launched and she can speak to it very briefly.

Yes. the ADU accelerator program um made funding available to 15 cities in the East Bay um through uh Senate District 7 of an initiative and um each city is allocated a certain amount of funding based on population and there are two parts of the program. Um $50,000 goes towards the production of in-house permit ready off-the-shelf plans that we can um have developed for the city and made available to the public. And um 46 approximately $46,000 is available as a rebate program for the construction of new ADUs. Um there it's a sliding scale depending on the size of the ADU and whether it's market rate or um for affordable uh lowincome tenants. Um and there's available um information available on the city website lovelafet.orgedu-acelerator um where people can learn more. We've had um quite a bit of interest so far. So we're really excited to launch that.

Anything else? All right. We I have a question very briefly. So, um, across from the on the terrace's property, there's two f two test walls that have been put up. Um, suggests that some work's getting started. Um, three down. One. Well, yeah, one's down. So, there's two. Um, so the question is, any update on the timing for them to start construction?

Uh, correct. And and hopefully we looped you in on those samples going up and if not, apologies. Um, we we It may have only been council that I'll take responsibility for that. So yes, correct. There were three walls that went up and Anna and I visited last late last week. So the fact that one of them is down is a little surprising. Uh that was quick. Um so they are material samples. They they are looking both for the project team um to kind of visualize and see what the the product would look like. Um there's a custom product that is like being developed for them and they're they're just trying to eyeball it out in the real world. Um and so um city staff is is able to view it as well and we'll invite one or more design recommissioners to do that as well. But um it it it remains to be seen when they actually um pull their permits. Uh that I know that they have easily spent the last 6 to 12 months uh with concerted effort to get to that stage where they could pull the permit and mobilize. Um and I think ideally that would happen for them if they're able to do that uh before the rainy season. But the the more time that passes and the closer we get to the rainy season, then um I think their desire would be not to um open begin construction too close to the rainy season wherein they would run into storm water and erosion control issues and uh mud potentially and so um would then probably defer to the spring. So they're getting close. Okay, we're done.