Planning Commission - Regular Meeting

Good evening. Now call to order the town of Loscatoo's planning commission meeting of February 25th, 2026. And I will now call the role. Commissioners, please state here when your name is called absent. Commissioner Bernett here. Commissioner Thomas here. Vice Chair Barnett here. Commissioner Sordy here. Commissioner Stump

here. Please note that Commissioner Mayor is absent and I am here as well. Please stand if you're able and join Commissioner Thomas as she leads us in the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. As the planning commission conducts the meeting this evening, we encourage active participation by the public, which is essential to democracy and to the important work of the planning commission. Public input is very much welcomed and always considered. The public can participate in several ways. Prior to a meeting, written comments about agenda items may be submitted to staff. And during the meeting, there are two opportunities for members of the public to participate. First, during the verbal communications period, an individual may speak on any topic that is not on the agenda. And second, during the public hearing portion of tonight's meeting, any member of the public may speak about an agenda item. You will be advised of the times when you come up to speak. If you do wish to address the commission tonight during the verbal communication portion or public um hearing agenda items, you can either raise your hand on Zoom or if you're here in person, fill out a card, hand it off to staff. Please print your name um maybe phonetically if it's difficult or if you're speaking anonymously, you don't have to. When you are called to speak, please come up to the podium and speak directly into the microphone as this meeting is being recorded. State your name for the record and indicate that you or indicate that you're speaking anonymously and you'll have three minutes to speak. We will now begin with the verbal communications portion of the meeting during which members of the public are invited to address the commission on any

issue that is not on the agenda. Staff will announce when your three-minut time is up and I have one card for the Brown Act.

Okay. and anonymous as you can see Brown Act you probably guys know that it's something that started some second it started earlier than when you saw it but um I'm I'm speaking on what's what uh I sent in some comments today and and I got to return it says comments that are not uh related to an item listed on planning commission meetings agenda are not included in the agenda package material and written submissions are not accepted in lie of verbal communication. So, I have to come in. I don't know if you've got this. I'll turn this in, but I I sent in uh email to you guys and it's supposed to go directly to you and this is I've tried doing this to DEI. DEI doesn't have uh um their direct thing and what what I'm bringing up is this happened to I went to DEI meeting and this came in right before the DEI meeting. It's about the ICE and town of Las response to the uh the protected town residents for immigration operations. And I've been, you know, talking about, you know, project 2025 and all this this coming up to thing and I've been saying, you know, number two says planning and response. I'm I'm just, you know, hey, you guys are the planning department. I brought this up a lot of times. Uh you're can you tell the town where you're standing? Can you hold an agenda things? I don't think it has to go to town council as much as it has to you guys have to hold it and give public 10 days because I'm been saying 10 days. Put it in the newspaper. Nobody nobody I'm the only person here. Well, I got one more person. This is u but you know uh a coordinated uh response. I you know I I I'll highlight just a couple lines uh for federal troops and national guards. It's

just not, you know, cuz the martial law is probably to be called and stuff like that. You can sort of look down the future if things go sideways, which they will on certain things. And you know, you're you know, privacy signs. Who do we get that from? Uh it's is in here. And this is something I don't know if you've got this yet, but I hope you have. And then the it says the police department. Police department. And right now, people don't trust police department. I you know with with what's going on even with the codes they want our video feeds and calling them and then we have to pay them $195 if we make two faults you know hey we thought we saw ICE or some you know something's going on. So I think that it it would be nice to have um some sort of thing, some sort of I'm not a public speaker, so some sort of uh you know get together because there's not too many people here and and only like 15 people so far spoke on ICE over two two sessions. I'm just letting you know I record all this stuff and trying to Okay, I want truth out. Okay, thank you. I'll turn this in over here. Are there any questions for the speaker?

No. Mr. Pollson, is there anybody on Oh, you do. Oh. There are no hands raised. That's all right. Um, we'll move on now to the consent calendar. Tonight, we have two items on the consent calendar. the approval of the draft minutes of the January 14th, 2026 planning commission meeting and approval of the draft minutes of the January 28th planning commission meeting. Before the planning commission acts on the consent calendar, um any members of the commission or the public may request this item be removed. Are there any such requests, comments? All right, seeing none, do we have a motion to approve the consent? Commissioner

so moved. Second. Oh, sorry. Commission Commissioner Sorty, I think you had your hand up, but All right.

I don't know which one of you said. I said he's he's he made the motion. You're the second. Okay. All right. We'll call them call the question. All in favor. I passes unanimously with one absent. All right. Well, now I'll move on to this is because you moved the podium and swapped seats. I just need you to know that we will now move on to the public hearings. Um, starting with item number three, consider a request for approval of site improvements requiring a grading permit and conditional use permit for a vineyard greater than 3,000 square ft on property zoned HR2 located at 16135 Vista Drive. APN number 537-30-018. Architecture and site application number S--25-036 and conditional use permit application number U-25- Z006 exempt pursuant to the sequest section 15303A new construction or conversion of small structures and section 15304 minor alterations to land property owner is Rub Ruben Aero I'm going to probably say that wrong sorry applicant is Gary Colstat and the project planner is Siri Nathan before the staff report. Um, can I have a show of hands of commissioners that have

kind of I'm I'm kind of with you. Um, are there any disclosures? All right. Uh, Mr. Nathan, you'll be giving us a staff report tonight.

I will. Thank you, Chair. Good evening, commissioners. uh before is an architectural site and condition use permit application located at 16135 drive and it is zoned at HR 2 and a half on January 28 of this year. The planning commission continued the item for today's hearing to obtain further clarification regarding the applicant's request to create an acrol space under the proposed outdoor kitchen and a stairway on the side on the east side for access. The crawl space on the stairway will create an additional 231 cubic out of grading. And the proposed project meets the technical requirement for the town code for floor area, building coverage, parking, and height. And the planning commission is considering the project for a conditional use permit for a vineyard greater than 3,000 ft. A fence height exception for an 8ft tall deer fencing and exception to the hillside development standard and guidelines for a portion of the finished flow height that exceeds 3 feet above the existing grade and for a depth of cut of 7 ft 10 in for the creation of the crawl space and the stairway below the proposed outdoor kitchen. And this concludes staff's presentation and the staff will be happy to answer any questions you may have.

Thank you, Mr. Nathan. Are there any questions for staff? No. All right. We will now open the public portion of the public hearing on item number three and give the applicant um opportunity to address the commission for up to five minutes. I have a card from Mr. Joel Leightton. Lemons. Lemon. Lemons. Just lemons. Sorry. Just like the fruit but a bunch of them. I told you like you almost have to like phonetically do that for me.

I apologize. Gary Kolsat um couldn't be here today because he fell ill this today. So, he went home early and I'm filling in. So, uh, I think the biggest portion of this is is talking about the, uh, you've been to the site and you've seen the plans, the the exception for the patio that sticks out because we have a floor level that's goes from the ADU to the patio to the outdoor kitchen and it sticks out of the ground a little bit more than we're supposed to. And then um the underneath area, the additional grading of 231 I think it was for the uh space underneath for storage for putting pool supplies and that type of thing. It's not usable space because it's it's under the limit for habitable space. So and then the stairway going down to access that. So that's kind of what we're talking about here. Um it does require a deeper cut. Um, but it it'll still only have a 6 foot7 uh headroom inside and it's more for mechanical and storage.

All right. Are there any questions for the speaker? No. All right. You can sit. Oh, wait. I'm sorry. Commissioner Sorty, I'm just curious. So, we have a little bit of addition in the amount of cut and I was just curious to know if the amount cut is going to be trucked off the site or is going to be distributed on the site. Oh, we'll probably distribute on the site because we have we have fill areas that we need to put. So, it'll probably be distributed. I don't know if it'll um if it'll need to be exported. Mhm. I think we can probably use it on site. Okay. I'm just curious.

I don't Thanks. I'd have to check with whoever's going to be doing it. So Okay. Thank you. You can have a seat and we'll let someone else speak and then if there's questions you can come back up. I have one other card for Captain Seuss.

Okay. I have a little bit of information. I did build on a side of a hill. Uh I two acres in Cooper, two a little over two acres in Certino and we did cut into the hill. I was a general contractor, built my own house. Um and you know I I came before the Certino count town thing and and one of the things was uh the the grass was 1500 square feet and I was going what the heck? But um what what I was just to say why you know 3,000 is not that much but um I would say something on the grade cut when as a builder and as somebody that knows a little bit of the architect when you if they're distributing the the ground if it's over a foot you should have it tampered you know water it down and it's supposed to be engineer you know we had I had to hire a civil engineer and have it things but this this sounds like a small cut. Just tell them, hey, you know, because you work with neighbors and I've been up to the property just to look at it and you can't see it, you know, it's at the top of the hill, you know, I was just like, well, I can't afford the thing cuz I I don't drink wine, but if you can give me a little little bit and if it's in a cork, I can use it as a after shave and you know, that type of thing. So, good luck with that. Okay. Thanks.

All right. Are there any questions for the speaker? All right. Seeing none, typically this is when the applicant come up have any um closing statements. All right. Do we have any further questions for the applicant? I think I forgot to ask if there was anyone on Zoom. I'm sorry. There's no hands raised. Okay, good. All right. We will now close the public portion of the public hearing on item number three. And I invite commissioners to ask questions of staff, provide comments, or propose a motion.

Vice Chair Barnett. Um seems like we could move right to a motion. Uh so with respect to the uh issues in item three of tonight's um agenda, uh I move to approve the request for site improvements requiring a grading permit and the conditional use permit for the vineyard. Uh I can make all of the findings in exhibit 12 and the considerations as well. And um my motion further approves the amended improvement plan shown on exhibit 15 in today's packet. Thank you.

Thank you, Commissioner. Is there a second? Commissioner Stump. All right. Is there any discussion before I call the question? All right, then I'll call the question. Oh, sorry. Please, Commissioner Thomas. Um I just would like to confirm that any sort of grading and like redistribution on site like if it is over a certain amount there are standards about how that is distributed just since I mean that was brought up by the public. Yeah, thank you for that question. So any grading would be reviewed by the um parks and public works division and if there's going to be um some of the spoils used on site then it would have to meet grading standards and engineering standards.

Perfect. Thank you. Any further comment, questions? Right, then I will call question. All in favor? Right. That passes unanimously. Right. I believe that closes through the chair. There are appeal rights. Oh, I'm so sorry. Yes. Are there appeal rights? So, the decision of the commission can be appealed to the town council by any interested person as defined by town code section 29.10. 10.020 with 10 within 10 days on forms available online with feel fees paid. The appeal is due by 100 p.m. on the final day if it's a Friday.

Thank you, Mr. Mullen. All right, then I will close the public portion of the meeting. Oh, well, don't I go then go to the I actually printed this out. I will I'll close the public portion of the meeting. I'm It's your guys's fault. Um, and now I'll ask if there's a report from the director of community development. Thank you, chair. I have nothing to report this evening. Are there any subcommittee reports? Uh, vice chair.

The conceptual development advisory committee met last week concerning a proposal that's being considered for an eighth story memory care and assisted living project. Uh, that is in the north 40 uh plan. and the height was a major concern that we talked about as well as neighborhood compatibility and um a secondary access. Those were the main points that we brought up and so um I know they listened to us but I don't know how much they took to heart. Well, we do our best. Um are is there was there an HPC meeting tonight?

Yes. Yes. Uh this afternoon at 4 we had our historic preservation committee meeting and we had uh several items. One was pulled to return later. Um the big news is we have a new chair which is Emily Thomas and we have a vice chair Martha Kros and um that's all I need to say. All right. Um, are there any other matters that the commission would like to address? Commissioner Sordy?

Yeah, I just wanted to bring up the issue of the pre-1941 survey. Um, and maybe kind of take a poll, formal or informal, of fellow planning commissioners about maybe whether we should agenda agendaize it for discussion. Um, one of the issues I brought up at the last hearing was the fact that we had an expert opinion kind of on one side, but we didn't have one on the other. And you know, I guess um it's not my original idea, but um having like a town consulting uh historic expert opinion on some of these or all of these or, you know, maybe just having a little bit more of an open-ended structured discussion about what we can do to address what seems to be kind of an ambiguous um decision path that we've had on some of these projects. So, I'm just throwing that out there as um maybe an idea to talk about. Maybe staff has some input about like what some of the thought process is about maybe how we might strengthen that process moving forward. I can hop in and then Mr. Mullen can add some additional. So, the council did look at um historic preservation committee work plan late last year. Um and so there were some items that was not included on it. Um but the direction from council at that time was to look into it following the completion or conclusion of the objective design standards work. Um so we can definitely look at putting that on the list when we're looking at other stuff. Um I would just say if we're going to have a historian that the town is it's that's the town's consultant. Um then that probably would pull away quite a bit of discretion from the HPC on those determinations. So that would again be a a decision that the council would have to make.

Okay. Yeah. I'm certainly not advocating pulling discretion away from HPC. Just um having another, you know, another expert opinion or having a process that is a little bit more thorough, I guess. Um the other thing I was curious to know is if we have any idea at all about how many pre-1941 structures actually exist in the town. Is there like a ballpark figure if we wanted to do take that and break it into chunks and do an analysis piece at a time maybe or something like that? I don't know.

I don't have a figure for you at the moment. I know I looked into it a few years ago and mapped them. Um the problem or challenge would be that we would need to take what's mapped and then remove the ones that have been already removed or demolished. It it's not a super heavy lift. Um but I think to Mr. Mr. Pollson's point, once we get to that um that work plan after the objective design standards have wrapped up, that might be something that already dovetales into some of the work that we've been asked to look at. Okay. Thank you. Okay. Commissioner Thomas and Commissioner

um I would be in support of having some sort of discussion um and at least just amongst the committee as now um I mean also now the chair of HPC I guess um just to create some sort of like understanding of how each body works and then with conjunction and trying to like just you know something related to that also. Um, and I know we can't have the discussion tonight obviously, but um, I do think that there are possibly some ideas that we could propose that wouldn't be extra money or time for the town that could help us could help everyone out with like making some more clear decisions. moving forward perhaps. So, I'm in support of trying to get something agendaized. Um, and maybe a joint I don't know if it also is something that's like more of like a a a joint thing with HPC just to kind of I mean, I don't know if that's necessary since two of us are on on here already. Um, but yeah, I do think that there's there's a possibility.

I agree, Commissioner Bernett.

Yes. Um, I think this is a very important issue because the town's trying to save small smaller homes for moderate income and young families trying to buy homes. And on and yet on the other hand, as I've noticed with the last four years that I've been on the committee, the historic committee, um more and more people are coming to us wanting to have their homes removed that are the usually the smaller homes and um to be taken out and then redesigned to where they become very large and and very expensive. So on one hand we're trying to to have more affordable housing and on the other hand now we're having this drain draining of our little resources that we have. So I think there should we should take um some steps and maybe a step that would be because I think um what happens if a home goes to the planning commission to be appealed if it's denied in the historic preservation committee it comes now to planning commission and there you I won't make that comment but um you now they bring a historian with them so uh that somehow takes precedence over what the historic preservation committee has said or the director. So I think what might be an idea is that we have our own uh Larry Cannon if if a home if the appeal does come that he he has the ability to evaluate that so that we have our own historic um you know a historic person comment. So maybe be like uh and then I think it would give us a little more teeth to maybe help save some of these smaller homes and give us good ideas.

Um chairperson Burch. So this is sort of turning into a discussion going to say this is going beyond and so if the planning commission is interested in discussing it at length it should be agendaized. I agree. I agree. So what would it does appear that there are um a number that would like to have this conversation. So I would ask that it be um agendaized. Oh, I do. We have to take a vote to agenize something. Um, I think it'd be good just to capture that a majority was interested in having it. Okay. Um, yeah, it is your fault. So, you can make the motion.

Okay. I'd like to make a motion to agenda at some future date to be determined by staff to uh discuss the process of evaluating pre-1941 houses. All right. And we have a second. Is there any further discussion? Commissioner Thomas,

I just have a um friendly amendment just other other than just the pre-1941 houses. I think that actually what would be most helpful is to kind of start with what the work plan that is the work plan that was proposed by HPC because that didn't come here and then to council. it went to council and then they made some specific decisions about it. So the you know the things that they decided to prioritize like maybe like having that as a basis of what we can because we know that's what they're going to prioritize. So I think that starting with that and providing like feedback and looking at it in that sense uh from that lens won't like open Pandora's box and be more aligned with what the ideas already are. So that's kind of is that a decent friendly

the maker of the motion to accept that amendment. That's on it's on there. It's on there. Yeah. I mean and for example, if we wanted to also look at specific structures between like 1941 and 1980 or some year that we might choose that might actually have historic significance in addition to pre-1941, we could do that. So yeah, I'll I'm happy to uh amend the motion and the seconder. All right. Any other discussion? All right. Then I will call the question. All in favor? Right. Passes unanimously

and through the chair just to make sure expectations are set. We've already gone through that exercise with council. Um so we're not going to be doing any work to bring anything forward. We're just going to bring the topics. You guys can have a discussion and we'll add this one to it as well. Yeah. Exactly. Yeah. No, no, no. Thank you. All right. Any other commission matters? Right. Seeing none, the meeting's adjourned.