Planning Commission - Regular Meeting

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[Music] Heat. Heat. [Music] Good evening, ladies and gentlemen. Welcome to our April 23rd regular planning commission meeting. Just um so I call this or meeting to order at six o'clock. Madame Clerk, can you please call a roll? Commissioner Nighton here. Commissioner Ramirez here. Commissioner Thomas is absent. Vice Chair Holler here. Chair Madrid here. Um, let me see. Ron, would you please lead us in the uh pledge of allegiance?

United States for it stands one nation indivisibley andice for all. Thank you. Um, so let's see here. So there are no presentations. Um, are there any modifications to the agenda? There are none. Okay. Can I ask the planning commission for an all in favor to approve the agenda? I I I I Good. Now there's no one approve. No one's opposed. So it's approved. So um Madame Clerk, are there any requests to speak or would anyone in the audience like to make comments? I have no requests to speak for any non-aggenda items. Thank you. There is one set of minutes for the planning commission's approval. Does the planning commission have any modifications? Could I ask planning commission for an all in favor to approve the April 9, 2025 minutes? Any opposed? No. Hearing none minutes are approved. Takes us to the cons. There are no consent calendar items. That takes us to uh this is item 9.1. the acting community development director will please introduce this item. Mr. Chairman, if I could make one comment beforehand. I was absent for uh the first hearing of this item. However, I have watched the video um three hours of the video, all of it. Uh read the

previous staff report and the current staff report. So, I will be participating in this item this evening. Thank you very much, D. Okay. So, Please, please present the project. Commissioner Holler, you stole my thunder. I was about to ask you if you had uh done all of that. So, I'm glad I'm glad you did. And thank you for uh for watch. Say it again. Thank you for watching all the all the three hours of the last item. I also want to thank the uh the residents for coming out again. I know it's it's an item that they uh uh want to be involved and have some concerns. And I think the uh applicant was able to meet with him uh after the meeting and I'll have Brandon Clearary go over the presentation and some of the changes that uh have occurred on the project. Very good. Good evening chair and commissioners. Uh the project again before you is tenative track map 38652 Oakills West. Uh the project is located north of Ridgemore Road and the Boulder Crest intersection on approximately 77 acres. The zoning is 2.1 to five dwelling units per acre with an LDR1 uh zoning designation. The project proposes 37 lots with duplexes for a total of 74 units utilizing the cluster development standards. Uh based on the uh past planning commission meeting from about a month ago, uh the resident and commissioner concerns were regarding individual unit sales versus rentals, security, duplex compatibility with the existing neighborhood, privacy for existing residential, traffic, and public outreach.

For the individual unit sales, uh the project applicant has modified the project to condo map each of the 37 lots to have two condo units on each one. Uh allowing each individual unit to be sold. Um this map or this condo mapping does not increase the density or number of units or the design of the project. It just allows each individual unit to be sold separately. Um for security, the project has been conditioned to provide 247 security on site. for privacy concerns. Oh, sorry. Duplex compatibility. Um, the applicant, it will be incorporating a detached single family architectural features uh to help blend it into the existing neighborhood. And on the homes on the eastern boundary of the project site north of Polaris Drive, uh they will incorporate a 10- foot seconds story setback um along those properties to help uh increase the uh privacy of the homes. For additional privacy concerns, uh approximately uh 100 feet and two between 100 and 240 feet uh is the distance between the existing homes and the future duplexes. Um depending on which lot um in particular, uh the applicant um is also going to be incorporating solid fencing along the eastern boundary at the top of the slope um to help screen uh the backyards of the existing lots. Additionally, within the HOA maintained slope, uh the applicant will be incorporating larger plant types. And this is uh a clarification on the staff report. Um the plant types had to be switched out due to the high fire area. Uh so they will now be incorporating

western red buds, pink don chalpa and Columbia London plain trees which um have a various heights and widths incorporated with them which will provide adequate screening along the eastern project boundary for traffic. Um as mentioned in the previous planning commission hearing uh a traffic study was conducted in accordance with SQA to substantiate um any impacts to the city roadways. It did screen out from the vehicle miles traveled requirements uh as it requires it to be over 50 peak hour trips uh to do a vehicle miles traveled study. Uh the applicant did perform a level of service analysis per our general plan requirements which designated the two uh intersections Ganymede Way and Polaris Drive and Ridgemore Road and Boulder Crest Road as a level of service A for uh both of those intersections uh which ultimately noted that there would not be a result in significant impacts to the roadway network for public outreach. Uh the applicant uh performed the outreach by offering virtual meetings uh to all the residents that provided their emails on the uh petition that was provided at the last planning commission hearing uh on March 26th. Uh staff's recommendation is to adopt a resolution adopting the initial study negative declaration for tenative trackm 38652 and adopt a resolution approving tenative trackp number 38652 uh located north of Ridgemore road and Boulder Crest Way with the uh affformentioned items um be modified on the uh project. Um this concludes staff's presentation. Uh the applicant is here along with our SQA consultant as well.

Thank you, Brandon. Commissioners, do you have any questions for Brandon? Uh just a couple of questions. Uh you went over them, but I want to confirm that my understanding um is correct. So, at the top of the pad, that is the back of the rear yards on those homes um that uh uh are just west of the existing homes, there will now be instead of a rod iron or tubular steel fence, there will now be a solid fence or CMU fence of some some type, some sort of solid fencing that's six feet tall. That's correct. Okay, so that was one of the questions. And then on the on the traffic study, I just want to I know this was discussed last time, but I just want to kind of go over that again. Um the the a traffic study or in this case the traffic analysis was con uh when that's conducted um pursuant to the city of Meny's code, we look for staff looks for impacts. That doesn't mean that there won't be any additional trips coming off of this. Obviously, there will. The property is undeveloped today and if ultimately approved, there would be homes uh placed there. There would obviously be trips coming off of the property. But but what what we're required to look at is is there a significant impact? Are the peak hour trips greater than 50 for example? So, that's really the threshold that we're allowed to consider. Um, and I just want to make sure that that you can reiterate that because I did hear testimony on that last time. I know madam city attorney, you opined at the end of near

the end of the discussion on that, but just to go back and reiterate that. Uh, that's correct. So, um the 50 peak hour trips is what triggers the vehicle miles traveled analysis. Um this project only has uh an AM peak hour trips of 36 and a PM peak hour trips of 42. Um so it is below the threshold for level of service. It's a a grade from A through A through E. Um and both of the intersections that were analyzed um uh noted a level of service A um which is a passing grade. Michael, thanks Chair Brandon. Um Commissioner Thomas is absent this evening. Uh he had concerns about selling rent and condoing the lots. the the uh condo mapping that takes care of his concern. Uh that's correct. Each of the 37 lots will have two condos in it allowing each individual unit to be sold to a separate owner. Okay. Thank you. And one I have one more um just clarification. So, um, Meny's code treats duplexes the same as single family dwellings as opposed to a multif family project. Is that correct? That's correct. So, the the duplex proposal is consistent with the code. That's correct. Do you have any questions? Not for staff, but for the developer.

Brandon, my question is how how thorough of a review did you have with the residents of the existing adjacent community? Did they get all their questions answered, do you think? Were you involved in that at all? If Chair Madrid, if I can jump in. Obviously, at the last planning commission, there was a good number of residents that uh had public testimony and had some concerns. Uh the commission did uh direct the applicant to meet with the residents. Uh we did follow up with them to make sure that they uh made themselves available to have conversations with them. uh you can specifically ask uh the applicant that are here and prepare to uh give you a presentation as well and they can they can uh specifically talk about the uh um the outreach that they provided. Yeah, I plan I plan on asking him. So So Brandon, you didn't really have a role in that then. I did not. No, did not. Okay, thank you. Questions? So, since we have no more questions for staff, I'll open the public hearing at 6:13. Madame clerk, can you confirm that this item was legally noticed and if any correspondence has been received? Yes, it was legally noticed and we didn't receive any correspondence. Thank you. I'd like to now I'd like to invite the applicant to the podium to speak, please. Hello everyone. My name is Sal Pvenza. Um I'm the manager of the applicant uh Oak Hills West LLC. Um thought I would uh start off with a just a friendly

reminder of the project and what we've been through uh thus far. Um when we started the project, it was a previously approved subdivision that had expired that had processed through the county uh before the city um incorporated. Uh we've been working for with the city for about three years. Uh we submitted our application uh in April. My presentation should probably be up by now. It can you put up the applicant's presentation, please? Thank you. Uh we submitted our formal application in April of 2023. Um we uh circulate our uh ISM andd uh February 16th through the 18th of 2025. Um and the results were the impacts would be less than significant or less than signant with mitigation. Um as uh you've mentioned before the project is conforming. Uh these are the kind of projects we look for in cities to develop. Uh we're not looking to do general plan amendments and zone changes. We're looking for projects that uh already have those uh rights uh based on the uh land use documents. Uh so the development code as you mentioned u does allow for paired or duplex homes and it allows for clustering. Um staff did a great job of uh describing the some of the issues that uh we encountered on our first planning commission. Um we uh had several meetings with staff. I believe it was five five different meetings with staff uh going over different types of things we could do um potential design changes or conditions. Um the first one was the uh 24-hour uh security. Uh it's a 24-hour security monitoring. I'm using what what they call the flock system. It's the same system that the uh Meny Police Department uses. Uh it's really interesting to me. It's uses little AI to uh monitor license plates, put them in the database. It flags uh potential uh people who have those license plates that shouldn't be on the property, who who have records, whatever. Um and it

alerts the uh the police department. So that's something that happens on site uh 24 hours a day. Um we did explore the idea of uh second story setbacks. Um it it it actually wasn't very effective for solving that edge condition. Um, so I I don't think that's something we're going to uh incorporate into the home designs, but um we did uh look at um during final engineering making sure that in our landscape plan uh that we have the 24 inch uh box trees and shrubs that maximize the impact. Um you may know this, maybe some people in the room don't, that landscape plan is is conceptual. uh they they plot uh trees there. Sometimes they actually show the the tree the way it should be. Sometimes they actually show it smaller. Um in many cases, some of those very small trees are much bigger than they appear on the plan. And it's not final that we have a construction document phase, the final engineering that we will go through and make sure that we place those trees to maximize the effect of uh of those trees. They're not 36 inch boxes, but they are large trees. Um and and as you can see on the plans, they get anywhere from 20 to 80 feet um when they're mature. That does take time, but uh that's one of the reasons we've got the uh probably the most effective uh change on the plans was the uh solid fence instead of a view fence on the lots north of Polaris. Um it's uh it's probably the most effective uh modification for that area. It it solves a lot of privacy issues um and uh fairly easy for us to change. Um, that being said, I think it's important for you to understand that that exact same condition is exactly what happens in Sky View. They have lots that are very close to each other. They've got uh houses with view fence because there's a view on that property and they um that is a condition that is

above and beyond what is standard um conforming project here. Uh we want to be good neighbors. Uh but at some point conditions become punitive, unrealistic, financially unfeasible. Uh we hope you consider that as you uh make your decision. Uh can you go to the next slide please? I can do that. I just want to go to page three. Yes. Thank you. Uh you had asked a little bit about the community outreach process. Um we did consult with staff after our first planning commission meeting. Um the city provided the emails that were in the petition. Um on April 11th, we reached out to the neighbors who we can contact. There's about 50 different neighbors. We invited them to schedule one-on-one virtual meetings with us. Um on April 16th, we followed up and encouraged neighbors to schedule time. Uh we added some new times on the on the 18th. We did the same thing. Um added more times. We basically blocked out about 14 hours of time for meetings and made additional accommodations when they couldn't uh make the meeting uh days and times that we had suggested. Uh we did schedule six separate meetings with neighbors primarily from Boulder Crest and uh Ganymede um and some on Capella uh in and Sky View. Uh we did have two meetings that we scheduled but the uh neighbors didn't attend um scheduling conflict or something. I'm not sure. We never heard from them. Um we also returned calls uh responded to emails and I generally made ourselves available to the neighbors. Uh the conversations are actually very productive. Um we had the ability with the virtual meetings to show plans, zoom in. It's a little bit more difficult even in this forum to to

do that. But we were able to look at pad elevations, aerial street view. We could answer questions and have a good dialogue. So we we did quite quite a bit of that. The takeaways from the those meetings um were able to explain that this is an existing land use and it's a conforming project. Um most had not seen the plans in in detail. They're just not not available that way. Um actually they are available but they're they have they're not online. It's hard to zoom in and things like that. Um we were reviewing proposed and actual elevations comparing the two uh edge conditions again primarily on Gene. Um we reviewed the landscape plan the the specific tree types to bit provide better context of uh how they provide privacy. Um we compared the pad elevation setbacks building heights and other existing conditions within sky view to show that our project is actually very similar to that uh it's in Sky View and and Boulder Crest. Uh we also discussed uh the regulations that apply to construction activity. Uh whether that be erosion control, uh fugitive dust, working hours, parking, things like that. Um as you know, those are all very regulated by both the city and the state. Um there are phone numbers to call that are posted. Um we do our best to, you know, make sure that we're not uh interfering or or at least limiting the interference during construction as much as possible. Um there uh was a little bit of a misunderstanding I think from the owners on Boulder Crest. Um if you've been out there, it looks like there's a culde-sac there. Um that's actually not really a culde-sac. Uh there's a terminus at the end of Boulderrest. There was some sort of improvements done for uh drainage. So there's a place for trucks to turn around, curb changes, the asphalt changes. It's it's not a a culde-sac, and you'll see that in a second. But uh it's uh I'll show you your tax map in

a second. Um we um verified all the units could be sold individually as we talked about with Brandon. Um and uh we verified that the 68 63 acres of open space uh will be restricted in perpetuity. We're not coming back to redevelop that. That's not a phase 2 or anything like that. That'll have some sort of conservation easement. It'll be deer restricted. We're not building units on there at all. I mentioned that because under the existing zoning we we could build up to 260 units. We're not asking for that. We're asking for far less. Um our density is much lower. Uh it's five dwelling units per net acre. It's one less than one uh unit per gross acre. Uh we preserve the 63 acres which is 84% of the open space. Sorry, it only goes one direction. I'd like to go back to H2 if you can. Um, the HOA owned landscape uh areas ensure proper uh maintenance. Um the enhanced landscaping at the entries. We didn't get a chance to talk about that at our last meeting, but we did enhance those both at uh um the end of Boulderrest as well as the road that pops into ours at Polaris. Um it it provides a better and safer connection to the existing trails um which is up around lot 37. I think we're going to show you that. Uh we undergrounding all the uh ugly overhead utilities that are on the site. Um we do have design elements to promote privacy as we discussed. Um we will make sure that there is uh design guidelines that we follow through the city uh that

addresses the cohesive community character. Uh we intend to have paired homes that have single family characteristics. Uh twocar side by side garages, private driveways, yards, things like that. It'll look and feel and live like a single family house. Um, and we have a reputation for building higher quality construction. Um, and and we're we take pride in the projects that we build. Uh, can you go to page four, please? Mess it up. Thank you. Um, as you can see on the left, that's the uh end of Boulder Crest Way. Um, there's uh that's the terminus at the end of the the project. Uh the drainage basin is on the right hand side currently. It's got some rip wrap. Um that's the way that the original map was was contemplated. Um as well as Polaris, as you can see on the right hand side, the street was in before the houses were even built. Um obviously terminating into the property. Um I only mentioned this briefly because it's clear to me and I think everyone that uh the project was intended to be developed. This this is not something that was going to be open space forever. If you can go to page five, please. Uh so it's turned 90 degrees as you can see. So north is to the left. But this is the uh edge condition um on the easterly side. Uh we spent a lot of time um reviewing this, talking with the neighbors about it. Um I provided another chart uh down below uh showing um the lots and the the elevations and the difference in the elevations. As you'll see, most of them are actually pretty close to the the same. There's not much of a difference where there are differences where you can see uh the 13 and 10 ft, the 28 ft or lot 10, lot 8. Um those houses are about 250 or 120 ft

depending on uh how you are uh measuring. Those houses also are part of a curve. So each of those houses turns a little bit so they aren't perpendicular. Windows don't uh look straight in. They look at an angle. You know, looking through windows directly versus an angle makes a big difference. You get glare or things like that. Um and the distance is is much further than any location I can find in uh in the rest of Sky or Boulder. Um, want to make sure that uh you understand that the uh the sections that you're going to see here in a second on the next uh slide um provide the the um distance, but it's the minimum distance from building to building. Uh again, these houses turn, so we need a cross-section. It's hard to capture that that angle, but um we were being conservative and showed the minimum distance, not the maximum. So you can see on lot eight we're 120 feet away. Lot six we're 90 feet away. Uh the lots that are um sort of up the hill on Boulder Crest which is lot 31 and 23. Um they're about 70 feet away and we did a cross-section there that the staff had asked us to do. Um so as you can see um you know we've got tall trees, we got an HOA maintained lot. of a 25- ft road that separates um us from the uh the other edge. Um it's not a good-looking road. We we we want to uh buffer that as well. Um and we've got some, you know, good size difference, but but not uh too much. It's only 13 feet on uh on lot 8 from pad elevation to pal elevation. It also helps that uh a lot of those homes on Ganymede as you make that turn are uh single story. If you could look at page seven,

please. We just took a a lots nearby. Um these these are within Sky View. Um wanted to make sure we analyzed the Sky View lots on on Ganymede. Um Sky has very similar lot and fence conditions. Um you can see the section we did of lot 123 to 122. It's in the top right hand corner and that's actually a picture of it. Um so that that condition with slope uh higher elevations um is is something that occurs right next door. That's good. Um, so in conclusion, uh, after three long years, we are here asking that you approve this well-designed conforming subdivision with 63 acres of open space that will be deeed restricted in perpetuity. I'll make myself available for any questions you may have. Thank you. So, before we move on, are you uh in agreement with the conditions of approval? Yes, we're we're we're Yes. with with the clarification that the which which system that we're using for the uh right for the security. Yeah. I I I appreciate your effort. You did what we asked you to do. Let's go. But um does any planning commissioners have any questions for yourself? Um could you tell me so how many meetings did you actually have with uh neighboring property owners? We had six meetings. You had six meetings with neighboring property owners. You reached out to 50 uh 50 property owners, correct? You met with six and two you had a scheduled meeting, but but for whatever reason that didn't take place. That's right. So, a total of eight were scheduled. Six were actually had and we followed up with the ones that were were uh uh canceled for whatever reason. Okay.

Well, when you get a chance when you come up to any other questions, Tammy, I haven't asked my question, so thank you. Happens. Well, like like I said, I I wholeheartedly that you did what we asked you to do and then some. But let's hear what the U neighbors have to say here in a second. So, um, Madame Clerk, are there any requests to speak or would anyone in the audience like to comment? I have one request to speak. Mariela Bridgewaters. Did you did you put in a slip? Okay, it's all right. Chair, if we ask members of the audience if you'd like to make a public comment if our director Nick Fidler is passing out the comment slips. So, uh, please fill one out just for the record. Thank you. Good evening, members of the planning commission and staff. Uh, my name is Mariela Bridgewaters and I actually live right at the corner of Boulder Crest and Richmore. Uh my house is the corner house and um unfortunately I couldn't be here last time so I don't know all of the comments that have been made before but some of the conversations that I have had with my neighbors um there and I appreciate uh the efforts

that have been made to mitigate some of the issues that we were concerned about. Uh for me, uh we lived in Orange County for 25 years and we escaped that type of situation or um neighborhood because we wanted a peaceful, beautiful place to live in. And that's what we found on Boulder Crest and Richmore. It's a beautiful home and it's quiet and we love our neighbors. And uh my concern and I appreciate that now they're condos but um having just finished a class on uh on studies um you know you can actually skew a study any way you want to. Um you I would like to know if possible how many studies were done. Was it just one study? uh because that can be anything I I can make a study look like whatever I want. So I would like to see that our independent studies done uh without the influence of the city or the uh people that are uh building the these condos. So that would be one. Uh also the the traffic. Um again we have a very peaceful area. Uh if you have 74 units we've with even just two people living in it that are adults and drivers that it is impossible for my street to have only 34 cars come through. It is physically impossible. if even if the person goes to the supermarket, uh you know, they're going to have to go through my street and um I just feel

like all the money that we invested in our house because after we moved in, we spent probably $100,000 and getting the house the way we wanted is going to go down the drain because of these homes, because the feel of the area is not going to be the same. uh our peaceful neighborhood is going to change and uh again uh I I'm you know I I understand and and appreciate the efforts that have been made to mitigate all these things but that does not change the fact that there will be 74 units with at least two people living in it. Now is there a way that we can further mitigate uh these issues? One being and this is ma'am I apologize your three minutes is up. Oh may I just finish my sentence chair five seconds. Okay. Uh is there any possibility that it can be a 55 and older area and uh and that's conversations I have had with neighbors that we would we would be you know okay with that. Thank you Mitch. Thank you. How this works is we don't answer you while you're at the podium, but we'll talk about it after you you guys make your comments. Okay. Next speaker, please. Next, I have Jim Noon, followed by Greg [Music] Pasco. Guess I'm gonna have to talk fast. Um, how many steps are left in the approval process? Is this final? If it's approved at this point or are there more? Yes, this is it. This is final. This is it. Unless you appeal to city council. So, we've not seen a design or anything. There was going to be a setback. Now, there's not going to be a

setback on the second story. Um to make it clearer to my neighbor, uh by your own calculations, there's going to be like I think it's 400 roughly 450 cars passing by our houses, Greg and Mary Ellen and myself, you know, per per day. Um who's going to be the builder? Is is sales company the builder or do they hire someone else? Yeah. Which is it? We don't know. That could be could be either that that could be a uh Well, I'm supposed to answer you till after. Okay. It's just time for you to speak. Um if they're going to be the builder or I mean at some point you would think they'd have to submit something more than an outline of the lot, but maybe that's not going to happen. Like Mary Ellen said, you know, my concern is devaluation of the adjacent communities, especially if these wind up being rentals. I know they're being condos, you know, calling them condos now. So, apparently there was some truth to the fact that I brought up the last time I had heard that you were going to have to buy both sides, which I thought was crazy. Well, now they're going to be singles. But what's to stop sales company from building these units and then turning it all over to Trigon or someone like that and they they buy them all and they're all rentals. Is there anything to prevent that?

So that's something I would like to hear answered because I think you know if these were 55 plus condos owner occupied you know 90% of them or more I wouldn't have as much of a problem with it. But if these turn out to be all rentals I'm not going to be very happy because I mean that's going to further devalue you know the the existing homes in the area. So, guess I won't do anything with my last 12 seconds. Thank you, Greg Pasco followed by Christina Rose. Hi, I'm Greg Pasco. Um, just going back to the uh traffic study again, you know, um 95% is going to go out past us. Uh, I don't know how you got your traffic study at Boulder Crest and Ridgemore there. I mean, I get it. Right now, you probably maybe have 34 cars, but now you're going to add 150 cars. So, that's substantially going to change. Um, you know, uh, at the back side of the property and where the water line is now, there's a road that goes up over to her, um, uh, the other side over to the other city over there. Um, I thought that was a fire access. Maybe it's not. I don't know if that's going to continue to be there uh in case there's fires up on those hills. Um so something I'd like to know whether or not that's going to be taken care of. I know there's some mitigation and stuff they're going to push back for fire prevention and whatnot, but still if there's fires up on the hills is still going to need access whether it be from one side or both sides. I'd rather have both sides so they can hit that fire from head on. Um you know, again, it's just traffic. It's preferably I would rather not see the project, but I I probably gonna see

that it's going to go through no matter what. Um, you know, and our community has five different elevations, you know, and they they say that each different style of house is an elevation. Our community have five. Um, the other community had five or six. Is that going to be the same way in this community? is they're going to be five or six different elevations so that way they don't don't look like cookie cutter all the way up the hill so it looks like condos or duplexes or whatever. I'd like to see it look more like homes rather than, you know, um duplexes or condos, you know. Again, I'd rather not see it at all, but it is what it's going to probably be. So, uh that's all I got. Thank you. Thank you. Vasco Christina Rose followed by Jonathan Rose. Hi there. My name is Christina Rose. Today I did not prepare a speech because like I said in my last speech, it was going to fall on deaf ears. And because I feel that this has already came to conclusion, I just like to speak a little bit on what's going on in my mind. I've lived here for the last 11 years. I did not want to go to a meeting virtually. I prefer in person, face to face. Call it old school, call it whatever you want. I just believe in manners. I came here tonight because I have lived here for 11 years. 11 years of property taxes, 11 years of paying my dues, 11 years of paying my HOA fees, which like I said at the last meeting, our HOA fees go to the fire break that my house sits on. So, I don't comprehend and I do understand you guys don't have the opportunity to answer my questions.

So, I'll just leave it with this. How is it possible? How is it feasible to build on a fire break? How am I going to feel secure with all six of my children if there is in fact a fire? That being said, for 11 years I could not use an acre of my property because it was a fire break. And now all of a sudden it's okay to build on there. Do I get my property back? I doubt it. Even though I pay property tax every year just like everybody else here does. But this is ridiculous. And to finish this, I would personally like speed bumps in front of my house. I would like stop signs to mitigate my children getting hit because last time I checked, 72* 2 because that's how many people are going to be in your unit. That's 144 cars going down Ridgemore every additional day. I don't care about your traffic studies telling me that it's not going to be an impact because you guys don't live there. I do. Now, everybody here because they can't answer my questions. Who is opposed to this? I'm opposing it. Nobody wants this. And you all are fat cats trying to eat while we all suffer. That's all this is. You guys already made your decision. You don't care. There are six locations you could build your stuff that I came down Newport. Y'all don't care about us. Y'all are just fat cats trying to get rich. Thank you. Jonathan Rose followed by Daria Lindsay. My wife's passion pissed her off. Um, I understand Sal says he's done work for the city before. I get that. Makes me

wonder how much beested payments has he paid to the city? I understand. How many of you are elected? You're all appointed by the city council. Well, I keep a good pulse on what's goes on in Mini. I'm a retired Marine, so I got nothing but time. You guys are pissing a lot of people off. Cross the other way. You want to build warehouses behind people's door uh freaking properties? The heck are you guys thinking? You're building on top of our hills. The heck are you thinking? We have all kinds of wildlife in our backyard. Bats got them everywhere. They're protected in California, unless we all forgot about that. What's your mitigation plan for that? I I just I don't understand where your heads are at. But you need to tell your city council brothers and sisters who who appointed you, they're pissing the wrong people off. We will vote come next next term. We will get this this sorted out one way or another. Every time I log on, every time I'm looking around men, I see you guys wanting to build more a cell tower over here, more warehouses over here. You Why? Why do you want to turn this into a suburban sprawl? Why? We don't even have We got three grocery stores at best. At best. But you want to keep stuffing people in here like damn sardines. You want to talk about You did your traffic studies. Would you do it at two in the morning? Like you guys need to really pull your heads out of your rears because this is not what we moved to this city for. This is not what we put down roots and grew our family for. So that we can look like San Diego. So we can look like Vista. Every one of us drive around this town every day. And year after year after year, what have we seen? Crime, homelessness. Crap. Out of crap. We got crappy parks. We got crappy amenities. We got crappy roads. We got subpar schools. Borderline crappy schools. But you just want to keep shoving people in here. You keep shoving them in because none of you have to worry about it. You don't have to worry

about it. Now, one of you guys live off of Scott Road. I just took a ride down Scott Road. I don't think that place is getting developed anytime soon. All that open ass space. But you're going to shove them up our backyard. Yeah. Like, how dare you? How dare each and every one of you sit here and break bread with this man who can't even give a straight freaking answer on anything. Did he do a bat study? I want to see it. Did he do an impact study? I want to see it. He wants to say that there's going to be mitigations. You're building right on my fire break and you have to have a 100 feet radius of safety around that. All you've done is put each and every one of us in more danger should a fire break out in what the fire marshall had already said was a high fire area. We've been lucky so far. We might end now. Thank you. [Applause] Daria Lindsay followed by Mark Deleon. I apologize. Mark DeLeon, was that for 9.1 or 9.2? 9.2. Okay, that's all we have for 9.1. Okay, thank you. Um, speakers. Um, so we have any more? If we don't have any more speakers, then I'm going to close the public hearing at 6:47. Does the planning commission have any other comments or discussion? Ivan. Thank you, Mr. Chair. Um, I just want to

address some of the comments that I've heard. I'm going to ask staff questions about some of those comments. So, um, the first speaker asked about studies. The only one that we've really uh talked about at all is a traffic analysis. Um can you briefly describe uh the initial study process that projects like this have to go through that this project went through and the technical studies associated with that? And may I add to that please Ivan? So when we re receive our staff report that recommends approval for a project we see all the studies including SQA. So if you people aren't uh familiar with SQA there's a lot there all your habitats there. Okay. Thank you. Sorry. Uh so for SQA we have to go through uh biology cultural uh air quality greenhouse gas review uh traffic and water quality review along with uh geotechnical which is soil testing and the phase one environmental site analysis which is further soil testing. uh all those get incorporated into the initial study negative mitigated negative declaration um and gets released for public review. It also gets transmitted to all the appropriate uh state and federal agencies that uh want to read those and provide comments. So when you say so that's California Fish and Wildlife, um US Fish and Wildlife, I don't know that there's any water course here, so I don't know that Army Corps would have been involved, but those are the agencies that you're referring to. That's correct. U and then I I'm going to ask um I'm gonna ask staff to again address the traffic analysis. I attempted to do that earlier. Evidently I wasn't articulate enough in addressing that. Uh so I'm going to ask you all to address it and and the distinction is um clearly as

many of you have pointed out correctly so there will be additional trips when this development occurs if it occurs that that it's vacant land. So if anything goes there there'll be additional trips. the the question that we have uh to answer is does that additional traffic generate impacts that require additional improvements or mitigation? So that's kind of what we're looking at. So we're really talking about two different levels of analysis here, but I'm going to since I didn't do that very well last time, I think I'm going to ask staff if you guys can do a better job than me. Uh we're actually going to refer that question to our SQA consultant Thomas from Chambers Group and and you understand the distinction that I'm getting at, right? I believe so. Not not not traffic uh engineer speak, but the distinction between what creates uh or what's above the level of threshold and and trips just in general that come off of that, right? So, generally speaking, the city has a policy and uh if if a project is shown to not include more than or uh uh result in more than 50 peak hour trips, AM or PM, no additional analysis is required. It's assumed to be less than significant based on that. All jurisdictions have some type of metric similar to that manifes peak hour trips. So based on that um the gold standard for uh moving forward with the traffic study kind of the first step is preparing a trip generation analysis and it's based off the land use. So we look at the land use we look at the number of units and that spits back a uh number of trips that will be associated with the project. Based on that there's a metric in the institute of traffic engineers that identifies the percentage of peak hour trips. This is a standard

Can I interrupt just for one second? So, you're a little jargony with the peak hour trips. Can can you clarify what that means? Because I think a couple of speakers said, "Hey, 34 trips a day, right?" You're talking about So, AM PM AM peak would be 7 to 9:00 a.m. Uh PM peak would be roughly 4 to 6, I believe. And so, as long as those time frames do not have more than 50 trips uh on the roadways associated with implementation of this project, it is considered from a traffic perspective less than significant. With that being said, there was also a LOS study done which really was not required based on it screening out from that 50 peak hour trip. LOS is level of service. It identifies volume to capacity ratios and delays at intersections. There's an A tof categorization of uh different levels. A being the best, F being the worst. D and F are generally considered um non-compliant with the general plan. And so something would have to be done to mitigate that impact. the traffic study. And again, the LOS traffic study, which the LOS traffic study showed that um prior to the project and after the project, the uh intersections looked at would still operate at a uh at a a in in the highest category. Commissioner Commissioner, this is your city attorney. I just wanted to uh provide some additional clarification for members of the public and the commission in order to approve a tenative track map a sequel study the California environmental quality act study is done. So in this case an initial study and mitigated negative declaration. Our engineer is clarifying that under the law there is a threshold under vehicle miles traveled. That is the rule that we use and analyze uh traffic right under SQA. This the the impacts of the traffic of this

development does not meet that threshold um to qualify as a significant impact which is a term of art under the law. Similarly, Menafy's uh development code has a requirement that we do something called LOS or level of service uh study. That is an addition that the city of Meny requires to provide additional information to the commission and to the public. And level service also has a threshold that's that's ranked A, B, C, D or F, right? And in this case, there is going to be some additional traffic because there is development. But the question is does the init additional traffic cause the intersections or the traffic impacts to fail at D or F levels? In this case, it did not. It uh passed. So therefore, it meets the general plan requirement. So clarification for the public that there are some impacts of additional cars, but that those impacts do not um meet the level required for significance under SQA or otherwise fail to meet the requirements of the general plan. I wanted to make that distinction clear um as to the law and what you're looking at relating to traffic for purposes of approval or denial of the tenative trackm. Thank you. Please, Miss Miss Bridgewwater. Please. No, I'd have I'd have to open the hearing again. Public hearing. So, if you have We might do that. We'll see. Sure. See what happens. I have a question for Can I Can I Oh, okay. I'm sorry. Go ahead. Um, just so everybody completely understands this, um, right now we got 36 a.m. peak hours traveled. That is not how many people are going to be coming

in and out of there in a 24-h hour period. That is just specifically for 79 whatever hours you determine. Correct. So even that even that case, there's going to be hundreds. And Nick just walked out of the door. I don't know if you're familiar, each dwelling unit has a certain amount of comingings and goins throughout the day. I think it's 8, 10, 12. So, we can assume it could be quite a few hundred, but that's spread out over 24-hour period. So, the 36 is just when people are going to go to work, go to school, etc. Yeah, roughly a two-hour stretch in the morning and then a two-hour stretch in the evening is the 45. So, Let me ask you Thomas. So what level of satisfaction can you give them for safety? Excuse me. So safety is is not a consideration under SQA as it relates to traffic. Um, I think one of the first things to uh note is that the traffic engineer prepares a scoping agreement with the city and and ensures that the designs of the roads are up to standard with the city requirements. Outside of that, through SQA, there is no nexus for requiring a speed bump or Uh there could be if the traffic study determined there would be a need for a stop sign, but certainly not a speed bump and the traffic study did not indicate that a stop sign was. So there is a responsibility to the pedestrian too. So okay, Ivan, you still going? Uh just just a a couple more items. Is the um Director Hernandez, is the uh fire marshall here or fire prevention

officer? No, we we don't have a fire department here. No. Okay. Um there there were a couple of questions about the wildland urban interface area and this development if approved would actually push the wildland urban interface area out to the backside of the of the proposed development which is different than where it exists now. Even though all of this would be I haven't seen the um the uh uh LRA maps, but I would I would assume all of this is in a very high uh fire hazard area. That is correct. The the the entire area it's within a very high fire zone. Please audience please refrain from miss as part of the review process there were very specific uh fire studies that were required by the fire department that basically identify uh cert mitigations that the applicant is required to do uh in terms of construction for instance they have to comply what's called 7A construction which is very specific construction material for just to give uh the residents an example. Uh in in in most cases mo most houses have eaves exposed eaves. In this case uh they cannot have exposed eaves. Uh and that's to reduce again the the that type of material to be exposed right. Uh if there's fencing it cannot be wood fencing you know it has to be you know other type of uh material. Uh landscaping it's restricted to certain type of landscaping. shrubs, it's restricted as well. And there's an area that's called a a defensible space area, right? It's typically a a 100 foot buffer that it's required between the home uh or 100 foot buffer between the home and and and basically this imaginary line, right? So, and there's

so many specific things that are required. So, all of that is included in this report. Obviously, I'm not an expert on this. I just kind of know the basics and it obviously goes through a specific review process with the fire department and that has to be vetted through them and it's approved by the fire department. And I do recall from the last hearing that the fire marshall um did address 7A. Unfortunately, it's a little jargony to say section 7A. Um that really deals with many of the issues that you have addressed specifically with hardening the structure. So that's triple glazing windows, boxing eaves, no gable end vents, no no uh uh roof vents except for flush mount style specific roofing. I had hoped that maybe the fire would be here to explain that a little bit more, but we'll just go with that. So I appreciate your Don't forget each house has fire sprinklers also. That's good for right now. Good. I have a question, but it's for our for Cell. Hi S. Sorry. Yes, I have questions for S too, so you can stay up there when she's done. Um, so one of the um speakers mentioned a 55 and older. Was that brought up in your meetings with residents? That that's the first time we've heard of that. Okay. Um, we don't develop 55 and older projects. That's just not something we do. It's a very uh niche market. Got it. Thank you. And um in terms of uh residents requesting in person, was that made were you aware of that or was that a request made directly to you? Yes. Yes, it was. Um we discussed the the process of uh satisfying the request from the commission. Um we talked about it with staff how that would be most equitable for everybody. Um and so we decided that uh virtual meetings at

different times of the day on different days like I said 14 hours worth of our time uh blocked out um holding meetings where we could um was was was offered up and I'm glad that the people who chose to do that um did so. I think they were found it productive. Uh there were a few people who you know asked for us to do inerson meetings but then ultimately did the virtual meeting and the results were the same. Um, you know, we we we live in a postcoid time. Virtual meetings are pretty effective, sometimes more effective. Um, you guys may have may not live through all that as commissioners, but um, we felt the the virtual meetings were were very effective and and appropriate for this uh, this condition. We can't. Okay. Thank you. Thank you, Michael. Uh, yeah. S, um, the couple that was that just left, um, they indicated firereaks. I'm looking at Google Maps right now, and it appears to be 14 properties, um, that currently have fire brakes. You're going to be building up against all of them with the exception of three three units on Boulderrest Road. I'm sorry, I'd have to look at the plan. I'm not following, but assume I'm correct. Um, wouldn't building a home satisfy a fire break next to an existing home? I'm I'm not a fire expert, but we don't have fire buffers in the middle of a subdivision. They're on the edges. And so, as you develop out, you have a new edge and a new fire buffer. I think that's okay. And you knew and because these homes are on hills and there's all kinds of elevations. These aren't going to be like monopoly homes

all at the same elevation. Uh they will be different elevations throughout the project. Yeah, I'm glad you brought that up. That was something I wrote down as well. Um what you're talking about is the architectural style of of each of the houses. Um it's not intended to be uh monolithic. They're not going to be the same. That's going to be the same way you would develop a single family uh community. Now, we have pyro homes, right? So, the you're not going to have a craftsman style attached to a mission style and and attached to that home, but each one of the paired homes will have its own uh architectural style. I I don't know if it's four or five different kinds. There's also different colors. It's not just the style, but the the way the colors are, but the idea is to make it look um you know, not like an apartment community. Thank you, Michael. Um, I'd like to address the questions that the gentleman had about the um he he he mentioned if who the contractor is, but we know you could be the contractor, but you're not going to build it. So, could you kind of tell us what about the construction? Who's going to be who's going to be the contractor? So, so I don't know who the contractor is going to be. Um, I'm I'm a licensed contractor. We we build houses. We're building houses in Enenius right now. Um they're they're beautiful houses. Um we work with a lot of different uh projects. Some we build, some we don't. And so I I cannot tell you at this time and and frankly I don't think it's part of the purview right now. And you could possibly sell the project be and not build it. Right. That's absolutely true. But it's not going to lose any level of anything because it's still going to be under the city's purview. There's still going to be we you haven't submitted architecture. You haven't submitted this is just for this legal piece of property to build on. That's right. So the the the approvals what they say run run with the land. The approvals don't stay with me. They stay with the property. Uh so if the property

gets sold, it's subject to those approvals. If they wanted to change anything, they'd have to come back and do all this again. Spend three years on the staff and planning commission. Um it's going to be you're going to have so you get an approval of tenative map. Let's say you get a print of tonight, then you got to do a subdivision map. That's another year, two years. Then then you got to go through all your approvals. That's another two, three years. So there's not going to be any construction out there for at least five years, I would say. I I I don't know about the timeline there, but um and I I I do agree that there there are additional approvals required, right? We have you guys have an architectural review, so to to show our our product, our houses, and how they conform with design guidelines. That's one approval. We have to do final engineering on all this the uh utilities wetss and dries. We have to do all the great a new grading plan that that is in conformance with the tenative map grading plan. All of the plans you're seeing are conceptual. They they have to be truly engineered so a contractor can actually build them, not not off of the uh the drawings we have now. So there is a process for that. There's tons of regulations for it. Um the engineering department, the planning department have to go all sign through it. It is a massive undertaking to check all the boxes to get um all your final engineering done so you can pull a grading permit and eventually record the final track map that you're talking about. Yeah. We're we're not building tomorrow. Yeah. Um so it's this this project is no different than any other tract in in Meny. It's it's what it is is people need a place to live. We're not against you guys whatsoever, but Excuse me. But but what do you know? And it's legal for this this So if you owned this piece of property, right, yourself and you wanted to develop on it, uh why wouldn't why wouldn't you be able to? I mean, if you if you've met every

all the criteria the city's put on you, you dotted all the tees, crossed all the eyes, spent all the money. I won't I won't even ask you how much money you've spent already. and they're trying to bend over backwards to help you guys, but you guys don't want these people here. Excuse me, ma'am. You've already spoken spoken. So, I'm just And we aren't we aren't approving everything that comes just comes out of nowhere. We we approve a staff, we go by the staff report. What the recommendation is, if you've ever not if you've ever seen a staff report, you would see all the all your questions have been answered. I just unfortunately you guys like it vacant but it's you know it's it's this is Anyway that's all I want to say. Anybody else? Yeah. Yeah. Michael uh Brandon um just to bring up one other uh speaker um concerns. There's nothing to prevent one of these Tricon companies or Black Rockck or whatever it is to come in and buy 500 units of Simron Ridge and renting them all out. So there's nothing preventing because these are town homes. There's nothing preventing it. Can happen. It can happen in Audi Murphy. It can happen anywhere. Correct. Uh that's correct. Um, the city attorney can u correct me if I'm wrong. Um, but the city's not allowed to dictate whether homes could be rented or sold. Yeah, like Mr. Mr. Rose said, we we don't get it. Yeah, we do. We We live in these. We live here, too. So, we we do care. Yeah. Ivon. Um, Orlando, could you There been some questions about architecture. I know the applicant um addressed just a little bit

about uh that the the architectural or the architecture on the individual homes would differ. Can you just describe the process for architectural approval because this evening this is a tenative track map and environmental document so we obviously don't have architecture in front of us. Can you describe that? That that's correct. Um the the city does not require that the sign review for the homes be part of the tenative map process. Right. So, uh there is a uh different uh entitlement application that's required. Uh we do have uh approved design guidelines specific to residential that specifically require certain uh items from any development. Uh typically for a project of this size, it would require a minimum of at least three different uh type elevations or floor plans. Uh that would have multiple elevations as well. So you're looking at least at least at a minimum of nine different type of elevations for for this uh type of development. As the project you know becomes larger obviously the bigger the requirement is. So uh that is a process that has to go through the planning department and it's an administrative process that does not require planning commission approval. I think so. Um I'm just wondering so do we get all the questions you think from the audience? You guys should we open the public hearing again? Okay. I'm going to open the public hearing at uh 710. Now you can come up to the uh podium and speak. How are we going to figure out who's coming? Would you just walk up to the whoever

wants to speak, walk to the podium and state your name, please? Brian Young and I just would like to ask a couple of questions. Just based on what you just mentioned, are you saying it's typical for the process to start construction would be up to five years? That's pretty typical. Um, and yeah, I think that was the main thing. Uh, if at some point when it gets uh close to that point, if we can maybe see final construction posted some way, that would be nice as well. Thank you. Oh, thank you. I'm glad you're back. I think I I didn't I didn't answer some of your questions. You've answered some of them. And you know, obviously we're not going to be able to stop this project. I can already kind of see that in the cooked into the cake right there. I get it. They're here to make money. They bought the property. I get it. I'm in construction. That's what I do. I'm a grader. So, so I I know the process. I know what goes on. I know about AQMD. I know about Schweps. I know about all that stuff. So, I been dealing with it. But um is there any way to guarantee us that they can't sell it to like a tric to keep it from going straight to rentals? All rentals. You already have one of those products over here and there's what 300 homes. You know what I mean? So if there's any way that we can do this and get some type of insurance that this doesn't get just turned into just a rental period, you know, you just need to keep in touch with Cell. What's that? Just need to keep in touch with S. Yeah. Yeah. S, come on now. Just no Tricon. I mean, I I get you guys are going to put the project together. You're going to get all the approvals. You're going to do all everything you need to do. Um, I'm glad to hear that we're going to have more than one

elevation. We're going to make them look like homes and we're not going to look like condos or duplexes, you know, even though they are. I want to see a home split. Okay, I get that, you know. Personally, I'd rather not see it happen at all because yes, we do like our being able to, you know, we want to be able to see. We We walk out there right now and we get to see wildlife. We get to see the mountains and everything. When we walk out there and they get done building, all we're going to see is houses. All right. It is what it is. It's progress, right? Y and I don't like it. But, you know, we're not going to stop you guys and we're not going to stop them. You know, everybody's got too much money. If I had had my way, I'd have bought the place and just left it alone. But I don't have that kind of money, you know. So, um, again, traffic study, I think it's crap because I don't know where you guys came up with the times between, um, what do you call it? Seven and nine. Well, no, they called seven and nine. That's when they did their traffic study, right? 7 to 9. So, sorry. This guy gets up at 3 or four o'clock in the morning to go to school work every day. So, that traffic study doesn't mean to me because everybody that lives out here doesn't work out here. Most of us work in LA, Orange County, somewhere. We're not leaving at 7 a.m. or we're late for work. We're supposed to be at work at 7. So, that traffic study doesn't mean nothing to me and it's not going to mean anything to the people that are living in that area. They're all going to be leaving before that time. And that's 150 cars at a minimum. You know what I mean? Because they could have more than one car. Neighbors, some of our neighbors have seven cars. They have three or four families living in the same house. Seven cars live across the street. That could happen up there. So to tell me that there's only going to

that it's going to be under your threshold and I'm sorry that you guys all explained your threshold of how many cars are going to go bym doesn't work for me because everybody because you better be doing that study from like 5 in the morning until 8 in the morning. What about all the people I apologize your time is up. You know so just so you know. Thank you. It's you know we go to work a lot earlier. I feel you. Thank you for giving us the opportunity to speak again. Water, welcome back. I know you have a lot to say. I'm sorry. I I am very passionate about this because um and unfortunately I do work in Orange County and I get up at 4:30 in the morning. I'm not here at 7. Um, and I don't understand the study of the traffic because 36 cars, those homes are not there yet. So, how do you know that only 36 cars are going to go through that? Uh, it's super disrupting our life completely. Uh, our neighborhood, there are seven cars across the street because they're renters. Uh, they cannot afford one single family, you know. certain families cannot afford uh to live in a home the level of our homes uh because there are over $700,000. We're not rich, but we love our homes. And um this project would decrease the amount of money that we could get for our home if we were to sell it. And uh we spend a lot of money on that home because it's our it's our investment and this project will basically erase our investment. And I

just would like to ask you to just be empathetic, put yourselves in our shoes and think about what would you do if this was four houses away from you because that's what it is for me. And uh you know I I understand that we need progress, but can we put homes there because people that will go there are a different level of people? Not to diminish anything that people that are poor do and their contribution. But in our neighborhood, you know, we I would say 98% of us are owners. And so it would it would really disrupt our lifestyle and then the community that we have within Boulder Rich or excuse me Boulder Crest. Um I just I just want to see if we have no choice instead of having condos duplexes that are still the same thing no matter what you call it. I would like to see single family homes because the people that will come and buy those homes will be able to afford that. Um, so I'm not oppo opposed to progress. I understand. But you are going to disrupt the the the the look and the feel of our neighborhood. It's not going to be the same. And renters, I'm I'm actually concerned about my safety and um the the my stuff. are they gonna come and you know steal from us? Uh because we do have nice things. Okay, I do you know where I live now. So hope no one's watching this. But um but anyway, again I just ask you for your empathy and understanding where we are coming from and you know what what we would like to see just regular homes will be fine. We

will be fine with that or a gated community or a 55 and older something that will mitigate some of the things that we are concerned about as neighbors. I would also like to know, by the way, who are the 50 Apologize the 50 people that they talked to because they didn't talk to me and I live right there. Thank you for your time. Thank you, Mitch. I'm looking at your backyard right now. It's beautiful, by the way. My name is Jim Non. I spoke at Welcome back, Jim. I spoke at the previous meeting. Um, but I also was not contacted. Did not get an email. Um, so anyway, uh, just to follow up on what the last lady talked about, I mentioned this at the pre previous meeting that we've got all these impact studies, environmental, um, wildlife, air quality, everything else. But there's no impact study of the valuation of our homes. if this turns out to be rentals, basically duplexes, that's gonna that's going to hurt us in the pocketbook. And so, yes, uh I have the, you know, share the same concerns. Um the I I'm going from memory, but there was roughly 500 according to the traffic study, there's going to be I think about 550 um trips per day and but 85% of it is going to be coming down Boulder Crest and I'm two houses from the basin, the water basin. Um so I'm I'm gonna have to be extra careful backing out of my driveway or out of the garage, you know, if this actually comes to pass. Don't

want to see people flying down Boulder Crest. You know, they've had a good run already, so they could easily be going 35, 40 miles an hour, you know, on right now, which is our sleepy little culde-sac. So anyway, u I hope you there's so many unanswered questions, you know, is Sal and his associates, are they going to, you know, hire the builders or are they going to sell off the package to someone else, you know, and there's nothing to stop a potential buyer from making it all rentals. So, I I hope that does not come to pass. Um, you know, we mentioned Tririccon. I guess they they're a Canadian company if I unders It's been a while since I looked it up, but they own I think 31,000 homes in the United States and everyone is a rental. So, okay. Thank you. Thank you, Jim. Any other speakers? Okay, then I will close the public hearing at 7:21. Commissioners, which say you I have one more question for Alberto? Okay. um the water retention basins left and right at the southern end of the project. Um is the continuation of Boulder Crest going to be straight? Um or is there going to be a dip a re recess dip to divert water coming down Boulder Crest the new Boulder Crest diverting it to either um water basin. Okay. All the water that was coming before the project is going to pass through and it's going

to be catching into the storm drain and the ones that is going to be derivated from this project is going to go into the basins. But at the base of the project, at the southern end of it, um, can a little drainage be installed to connect both of those water drainages to also act as a speed deterrent coming down the hill? That could be done. Uh, you know, work is going to be done in final engineering on this. Um right now they are separate basins. They collect oil from different locations and u that's what is preliminary designed can be designed differently on final engineering that's something that can be discussed later on. Thank you. So, after um watching the video and listening to testimony um tonight, it it sounds to me like I think the the largest uh or the greatest angst from the uh from from folks adjacent to this proposed project really was you didn't think anything was going to ever be built on those hills. That that's that's kind of what I hear. And this came as a as a bit of a of a surprise potentially because the western portion of this is very steep slopes. And in this case, unlike if it were conserved land, that is it had an conservation easement over it or was owned by a resource conservation agency.

Um it those those areas couldn't be developed and that's not the case here. Although as a part of this um the the uh westerly 63 acres will be permanently uh conserved if if this is ultimately approved. And I think that's that's been the big uh challenge that that that I've heard. There's there's a number of things um uh that that I think staff has attempted to respond to. traffic. Even though there's still not a great understanding uh of a traffic analysis and how those impacts are, um we've we've attempted to respond uh to that um future architecture uh the studies that are required as a part of the initial study uh process. And I think what what our limitations are is we're looking at the uh uh governing documents for the for the city of Meny that is the general plan, the development code um and how this proposed project meets or doesn't meet those. And then we're asked to make certain findings. Um it's it's just difficult to to do this um to sit here and especially in a case like this where there's so many concerns uh that you all have. I think there's there has been some positive things that have occurred since the last meeting. I'm pleased to see that um the solid fences or walls on the top of the pads um at the at the back of the pad at the top of slope um for those lots that that um would face the existing um homes. I think that's

positive in terms of um granting a little bit more privacy uh to folks that live there already. So, I I'm pleased to see that there's an increase in some of the sizes of the of the trees. The trees are going to take a while, but I think the fence is probably the the primary thing. Uh, so that I I I look at the project and look at the findings and and try to make a determination based on what I've read and the comments that are here tonight. Can we make the findings? and and I think at this point in time I can make the findings, but I but I I want you to know we did hear your concerns and and the the attempts to mitigate those concerns. None of this stuff is is easy and these are difficult decisions. So, and I appreciate all of you turning out. Uh it's actually helpful to hear this as we go through the project. Thank you, Evan. That was well said, Commissioner Holler. Um, this is very difficult for all of us. Um, especially when we weigh um the findings, how they coincide with the general plan, and they do coincide, they're consistent. Um, so that that helps us to make a decision based on that. So, and I am pleased that the developer um met with the community and I know it wasn't to everyone's standard and I wish that um I know that it was based on the emails that were collected the night of the

meeting, but I do think that effort was placed there um and based on the feedback back from the last meeting there was improvements [Music] um made. So those are my comments. Thank you Tammy. I after listening to you all and your passion and and how much you love where you live uh you have a lot of unknowns that are kind of haunting like thieves. I don't know. Well, we all have that. We never know if someone's going to come rob our house. You've got uh renters. This is going to be an expensive project. I don't think you're going to get someone up there can't afford a house. I really don't. And this is actually whenever there's a new project, the infrastructure that comes with that new project actually increases the value of the Jason homes. So, I mean, I'm talking from I'm not talking from the heart like you guys are feeling. Okay. But I don't it it might be a good change. You might like your neighbors, you know, you might I I mean the only thing I would maybe if possible after hearing Miss Rose sell, do speed bumps fit in there at all? I don't even know if traffic approves. Yeah, sure. I I I intended Thank you for reminding me. I intended to ask when you get to final engineering, Alberto, can you guys study whether you can incorporate traffic calming measures at the entrances to um to this uh proposed project? Yes. And include that whether those are speed tables, speed humps. Excuse me. It probably won't be a speed bump because of fire's concerns, but I would ask you to do that if you can. Yes. Thank Thank you.

So I you know when I see this when I see this I this this looks so good. Really I'm not contradicting you guys. You got 37 lots with duplexes 74 units on a 76.6 acre parcel and that's actually 84% not being built. That's pretty. I know Jim, you don't like that, but that's that's what you if you see if you don't live there. Okay. So, so um anyway, um like Tammy and Ivan and Michael said, it's it's met all the criteria, the zoning, the you know, it's I mean I Sal's tried and maybe you can still talk to him and he but but uh I think I think it's a good project. Um, we don't if you guys knew I mean I No, that's okay. But if you knew what So, for example, this one person sent a letter to an email and she said, "Don't zone it. It's already zoned." So, all these things, all these things like the theater, we don't own that land. The the Smart and Final, we don't own that land. vacant. We have no control over if a de if a developer vacates a piece of property bankrupt, but but anyway, that's not I'm getting off track. So, um so there's two resolutions for adoption. Can I get a motion and a second to adopt the resolutions as presented by staff?

Okay. Okay. So, it passes and and I hope it works out for you all. Okay. So, that takes uh let's go over to uh item 9.2. Could the acting community development director please introduce the item? Yeah. Um, we're gonna we're going to take a uh five five minute 10 minute break. 10 minutes. Five minutes. Okay. Five minute break. See you guys back at 7:37.

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We are going to u readjune this meeting at 7 42. Okay, this is 9.2. Could the acting community development director please introduce this item? Thank you, chair. Um, since uh Brenda did such a good job on the last item, we we figured we would bring him again. So, uh he'll be presenting the item again. Go Brandon. Hello, chair and commissioners. Uh the project before you is track map 38525 Meny Coastline. Uh it is located at the northwest corner of Coastline Avenue and Meny Road. The general plan designation for the property is rural mountainous and 2.1 to five dwelling units per acre residential. Um it's split approximately 50/50. Um the zoning is also Royal Mountainness and LDR-2. Uh the project proposes 45 single family detached lots with two water quality basins and two points of access on Meny Road. Additionally, the project will be preserving trail access and preserving 24.2 acres of natural open space, which is approximately 60%. And here is a picture of the site plan. Um north is to the right. Um between lots 11 and 12 uh with the green dot will be the trail access and then the blue dots are the site access for primary and secondary access. Uh D street which is the one on the right uh is restricted to right in and right out. The project is proposing to utilize the

cluster development standards uh which is meant to provide flexibility on project sites with topographical and biological challenges. Um in this project site it's mainly topographical. Uh the requirement is uh in order to utilize uh this portion of our development code they need to preserve a minimum of 25% as natural open space. Uh in this case the project is proposing 61% preserved as natural open space or 24.2 acres for that in exchange for uh a reduction from the minimum required 7,200 square ft uh minimum lot size for the LDR2 zone down to 5,000 square ft. Um that is the only development standard that's being reduced. All the other development standards will be retained per the LDR2 zoning standards. Uh the project is also for the net developed area at 3.2 dwelling units per acre within the general plan range of 2.1 to five dwelling units per acre. The project is also proposing 5.2 acres approximately of landscaped and that includes the highf fire fuel modification plans as well. Uh for public noticing, the project was noticed on March 16th uh for today's planning commission hearing and it was noticed in the press enterprise on site and uh mailed to all properties within a 300t radius of the project site. We did receive uh one email uh before the staff report was posted. So you guys should have those um from a resident mainly regarding uh traffic concerns and the proximity of the Meny Flyers Club which is on the property to the south. In addition, we got an agency letter uh from the Santa Ana Regional Water Quality Board. In addition, a letter came in um earlier

today uh which is now located in your blue folder. Uh for the environmental determination, an initial study mitigated negative declaration was prepared and determined the project will have a less than significant effect on the environment with mitigation incorporated. The public comment period was March 16th to April 16th. Staff's recommendation is to adopt a resolution adopting the initial study mitigating a negative declaration for this track map and adopt a resolution approving tenative trackm number 38525 located at the northwest corner of Coastline Avenue and Meny Road. Um this concludes staff's presentation. Uh the applicant is here to answer any questions you have along with our sequent. Thank you. Thank you Brandon. Uh, commissioners, any questions for staff? Tammy. Hi. Um, I just want to make sure that um to address the question in the in the letter that there's no reasonzoning, correct? It's a split zone, Mountainness, and LD2. That's correct, Michael. Yeah. Thank you. it. Can I get uh slide seven, please? Oh, I'm sorry. Six. Go back to six. Um that dash line indicating the the the the fire break um area there to the uh to the west. Is any of that in the RM zoning? There will be uh no dash line up at the top. Yeah. So that is the um area where they have to keep the natural vegetation down low for the fuel

modification area. None of it is in the uh ro mountainous designation. Thank you. So something like a fire easement but not really. Okay. I don't have any questions. Anyone else? One, one more question. The trails, they'll be open to the public. I I believe the trails will be open to the public. Um, but the applicant can clarify further. Thank you. If there aren't any further questions, I'll open the public hearing at 7:49. Uh, Madame Clerk, can you confirm that the item was legally noticed and if any correspondence has been received? It was legally noticed. There was no additional correspondence received that wasn't previously mentioned. Thank you. I would like to um at this time ask the um applicant to come to the podium. Good evening, Chair Madrid, planning commissioners, staff, and the public. Cassen Klein with Cassen Klein Consulting. on behalf of the applicant. Um to answer uh Commissioner Ramirez's question, the uh the trails will be open to the public. We are not we are not going to restrict um access to the public that that you know I know that the email from the one gentleman that was one of the questions that he raised uh concern about. So, um, we're not proposing and and won't be restricting access to those trails. Um, I don't know whether or not we receive whether that letter that was received today was emailed to us. I did not see it. So, if if staff could just be certain to close the loop on that, so that's not hanging out there on whatever

those comments or potential objections may have been. Um, and we concur and agree with all the conditions of approval. I'm here to answer any questions and would be happy to address any uh address any comments that are made by the public. Thanks, Cass. Any questions, commissioners, for the applicant? Tammy, no. Michael, I'll talk to Cass. Um, I don't have very very many, but the uh the area between lot 15 and 16 What is that? You put the slide up, please. Oh, I'm sorry. I'm looking at it. Um, it's that green area there. That right there is um I believe it's just landscape. Uh, it it's it's, you know, it's somewhat it's somewhat depressed. You can tell by the the topography, but it's it's landscape area. residents will be able to just wander or uh I don't believe that there's going to be access to it. It'll be fenced in like Well, I don't know that it's going to be fenced, but they won't have access to it. Pete Peter Carlson is our is the biologist on the project, so I'll let him address that. Thanks. Sure. Uh commissioners, that's that's one of the basins that's collecting some of the water coming out of the hillside first. Um so it'll be a depressed vegetated basin. Okay. Um, Cass, uh, what soil is going to be removed or brought in or the I know you don't know an exact figure. I I I don't know. That would have been covered in in in in the uh in the M&D. Maybe Alberto could answer that. Your engineering department with with the cut and fill and and the preliminary proposed grading plan. Commissioner Michael, this will be decided and

finding engineering. For now, we don't have any information. Take take a guess. How many yards? You think it's balanced? You think it's I'll I'll let Peter answer that question. Commissioners, we're um we actually have some export. Um when we when we started the project uh we had um planned about 55 units 55 lots um and had a substantial amount of export in the neighborhood of 80,000 yards. We reduced the number of of lots um we reduced the amount of of cut area and reduced the amount of export to in the neighborhood of 30,000 yards. Excellent. Thank you. Thanks. Um, and one more point about reducing the lots. Um, because clustering was was brought up and and you know, we could have gone to the 5,000 uh square foot minimums, but at the request of Orlando, uh, the lots that back up to Meny Road were increased to a minimum of 6,000 square feet. So, uh, you know, we've made every effort working with staff collaboratively, by the way. Um, and not just planning, but engineering on the design of Metife Road and fire. Um, that's how we arrived at at the reduction to the 45 units. And finally, uh, if approved this evening, uh, when do you anticipate the start of construction and for how long? Jo, come speak. Joseph. Yeah, I'll let the applicant or have the applicant answer that question. Commissioner, as you know, we have to do if you approve us tonight, we have to do the final engineering. I just any other project and then the actual construction would be probably about a year a year and a half from now. Another issue that we have, one of the condition is that we have to get three permits from three

different agencies 163 40 404 and 401 and all of those will take more time even if he get approved tonight be other other permits that we have to get so I really don't know but depending on the agencies but it could be two years from now or so and construction duration I'm sorry how long start to finish for your construction I do not know that I Peter should answer that I don't All right thank you so you're saying Joseph you would start uh you would start immediately if you had a permit. We I'm sorry. Oh uh depend on the market condition as you know Mr. Madrid we have to see but assuming that the market is good uh we will do it immediately we will not spend you know we will go forward with it I market driven but right so I I I'm not able to tell you exactly but that's basically Oh you answer my question. Thank you. Thank you Joseph. Thank you. Any other questions, commissioners? Thank you. You're off the hook, Cass. Thanks, Cass. Okay, do there's no further questions? I'll close this public hearing at 7:55 a.m. Qu commissioners, any questions, discussion? Chair, we do have some public speakers. Oh, I'm sorry. I didn't look at my Okay. Do you have any speakers? So I have Mark D. Leon followed by Flor De Leon. Excuse me. I'll reopen the public hearing at 7:55. Mark D. Leon followed by Floral Deleon. Okay, I have Daria Lindsay. I think Mark and Floral must have left because I don't see them anywhere.

Daria Lindsay, thank you for this opportunity to speak. So, I live in Heritage Lake right on the other side of Mini Road and I noticed that there was something about neighbors contacted within a 300 feet radius and I don't know if I haven't received any notification. and I called Heritage Lake, but they've been pretty much, you know, useless in providing any information. Um, I'm right off of Coastline, and I already have frustration with Coastline of the number of cars that speed up and down that corridor from Heritage Lake up to Minifi Road. And I don't know if there's been any impact of this new development perhaps using coastline as a shortcut to get to other areas and just adding to that you know the increase of uh of you know cars that run up and down and I'm again I'm right off of it so I see it every day the speeding and these are neighborhoods where you know people walk their dogs, ride their bikes and also the thought of which is relatively a small housing con uh tract on 39 acres, you know, of all the other space you to build on that's available. And I can't imagine that there's going to be many amenities or the walkability also of this neighborhood. and the Heritage Lake trails and amenities are reserved for, you know, Heritage Lake Association residents who pay for, you know, to live there and pay into the HOA. So, um, you know, that's just a concern of mine of the additional, you know, foot traffic on our trails and I

guess it's up to to Heritage Lake to, you know, try to monitor that, um, as much as possible. And also um I'm not it's not clear who who is the actual you know developer and these are single family homes. So this will remain single family homes. There's no you know change to the same concerns of some of the other the previous uh you know rididgerest with uh condos or duplexes and I know there's no control over whether they might turn into rentals or not. Um um and it again minimizing some of the construction issues of dust and noise because again there's homes right across Meny Road. um uh was just the you know retaining wall which you know doesn't do much when there's you know the winds pick up through that area and over those hills quite uh strongly um within the evenings or you know at any time throughout the day. So I just want to uh you know make sure that some of those uh issues are addressed and um you know just given some consideration and also again I I would like to be one of the neighbors that's con that's kept in contact with it uh regarding this project and if there's any opportunity to meet with the neighbors then I would certainly uh take advantage of that. Excellent. Thank you, chair. I have no other speakers. Oh, no other speakers. Okay. So, now I will close the public hearing at 7:59. Um, does the planning commission have any comments, discussion? Go first.

Thank you. Um, and I I just want to to u uh be responsive to the questions and comments that we just heard. So, um, can you tell me about the noticing? Uh, so per our development code, um, we are required to notify by mail, um, all properties, uh, within a 300t radius of the project site and at least a minimum of 25 different property owners. In addition, um, a notice is posted in the, uh, press enterprise, um, along with being posted on our our website. And you have a list of the properties that were within that 300t radius. Correct. That's correct. Um, we also did post on-site. Um, some third party did take it down, but once we found out, we did get the sign posted back up. Okay. And and um, the speaker had asked to be notified in the future specifically. Can you add um her to a list of notices as you go forward with other approvals on the project? Yes, I I'll talk with her after get her contact info. And then I have a I have a question on the on this on the traffic splits. I shouldn't say that that way. I have a question on how many trips might end up on on coastline. Is there someone here that could answer the question on the on that? Um we have our uh SQL consultant Orion from Ringcon here to uh answer that question. So for you I'll say can you can you talk about the splits but can you not be jargony like I just was. You're that's that's correct. I can't speak on the splits. All I can mention is that similar to the previous project uh BMT was scoped out as well as LOS. So, there was no formal uh traffic study prepared and I believe it was, let's

see, we've got uh 42 total PM peak hours trips and 32 total uh AM peak hour trips. Those are the splits between AM and PM. Okay. And and are do you know if those are divided equally from the southerntherly and northerly? Unfortunately, no. I I cannot say I can say in-n-outs, but I can't say exactly where. All right, fair enough. And and then on the on the amenities, I know there's discussion in the in the agenda report about uh uh Quimby Act contribution and the open space set aside. Can you elaborate on that? Uh yes, so our subdivision map requires that uh projects with over 50 lots um provide amenities. Um in this case the project's only 45 units or 45 lots. Um the amenities they are providing is just maintaining the access to the trail system and keeping approximately 60% of the project site preserved as natural open space. But the and the the contribution the quimiac if you can say how that works. Yes. So prior to construction of the units um the applicant will work with our community services department. Um there's a formula that goes into uh the contribution for parks and wreck fees uh on a perunit basis. Um it's based on the size of the home, uh the average population of that house, and the valuation of the project property. Um and what that does is that provides a contribution to additional amenities at parklands um hopefully in this general vicinity. That's correct. If if I can elaborate uh Commissioner Holler, basically the way Queenby fe works is that obviously there's a formula that's very specific to to the project uh this project will eventually contribute uh park fees that

the city will basically set aside uh and once we have enough uh fees then we look for areas where the city feels there's a need for park opportunities. Right. So, um, usually that happens throughout, uh, throughout the city as as the needs arise. Thank you. Um, and then I have a note for single family dwellings, and I kind of forgot what I wanted to ask about that, but just to confirm, this is single family detached homes. That's correct. Okay. And the last comment, um, Alberto is probably for you. Um during construction, can you describe the mitigation measures for um fugitive dust capture and and noise, you know, like operating hours, restrictions for heavy equipment, things like that in in plain English? Yes, I can try to respond that to you. Um the operation hour is going to be from 7 to 7 Monday through Friday if I'm not mistaken here. um is on our package. And um there will be inspectors that will be uh inspecting the site and there will be also consultant that will be checking for all the quality control water and air um dust and that that also be all under control by our consultant. So and is there a I think there might be but but you can correct me if I'm wrong. Is there a what's a a sign board up on the site that says hey if you see dust call this number something like that do you do that we don't that I don't know if I have AQMD does yeah if if if I can interject but there is a sign that that and there's so so there's a number someone can call to ask about that that is correct there's

there's a very specific conditions of approval especially condition number 30 that that require requires a fugitive dust control and and it's tied with AQMD and there's very specific requirements as to what they're obligated to do and uh uh one of them is you know putting up a sign a phone number and also other things how many times they have to water the site and all the different things that they're required u it's listed under conditions of approval if I if I just may um you know one of the things about fugitive dust controlling is there there's is a minimum moisture percentage. This is getting pretty technical and but to to control also help control fugitive dust. Uh there is a minimum moisture percentage that which is why you see water trucks out during grading uh to keep that fugitive dust down. Um, so I I would venture to say knowing the raw land that that's there now, I I would venture a guess that there's going to be less dust during our grading during the grading than what occurs out there today. But as staff and and Commissioner Holler mentioned, um, you know, they're very stringent air quality and and dust uh control measures. Commissioner Michael, my first question is for anybody in this room that can answer. Um, is this project MUSD or RUSD as far as school districts? Uh, it'll be Romuland school district and Paris school district. Okay. Um, that answers my question. Um, second of all, in Heritage Lakes, there's a diagonal trail system that

dead ends at uh, Sunset Park. Is that open to all or is it just Heritage residents and they get carded? Uh, you got to prove. Okay, thank you. I haven't. Yes. Sorry. Sorry. I um just in the comment letter that we have um one of the concerns um was about evidently there's a RC airplane flying club to the south of the site. Is there do you see any reason why this can't coexist or why these two can't coexist? Is there a code I'm not aware of or something? Um, as far as we're aware, there's no reason they can't coexist. Thank you. Any other questions, commissioners? For the for that club, are drones um flown there or is it just strictly airplanes? I know that's r such a random question. I know. Um that we do not know. Um but it is a county-owned property, so whatever the county allows on their property, I guess. Thank you. Sorry, I I don't All my questions were answered by your guys's great questions. So, um Okay. So, I'll close. There's not going to be any um Okay. So, there aren't any more questions. There are two resolutions for adoption. Can I get a motion and a second to adopt the resolutions as presented by staff, please? chair. Yeah. Um Oh, am I allowed to speak right now? Uh, no.

We closed the public hearing a long time ago. I'm sorry. No, we're we're I can't speak. Well, chair, it's your discretion on whether to open the public hearing and if not, then we can continue on with the vote. Yeah, let's open the public hearing again. 8 o'clock, 8:10. So, you have a public hearing scheduled? No, you can speak. I had to do that. It's a formality. You're on. You got three minutes. Got three minutes. Okay. Wait, I'm sorry. Can I please get your name for the record, please, sir? Okay. And uh Jim Cotch. I live in the Heritage Lake uh development area. I'm right across uh Meny Road and basically on the uh um the northwest corner of uh coastline and Meny Road there in that development. So I we've lived there for 13 years now and we really like the area. My main concern well a couple of things. One is about the plan itself, the bu the uh proposed uh buildings and everything else. Can we be assured that it's going to stay as uh or that's not going to turn into rental homes because that's going to affect the value property value in our area. So very similar to the concerns that was expressed in the previous plan. I just want to emphasize those same concerns. one traffic, the other one's uh fire access and uh the drain of any uh water runoff. A couple of years ago, we got a notification from the homeowners insurance that they were studying potential um fire um uh area in along that hills at that time. Uh so far they determined

that it's not a uh designated fire hazard area, but I'm wondering if that's going to change with this development and how you're going to mitigate that with uh uh uh fire access, roads and everything else. So that can't be addressed if it ever comes to that issue again. The other uh is during construction. One, we have those subtransmission lines along Manify Road that are really overhead. What's going to be done to those lines during construction and how is that going to affect um our uh power to the homes? Okay, because there there are pretty heavy substantial transmission lines there overhead coming from that substation there in Meny. Um the um the other thing during construction is not only the dust and that's been addressed here, but because it's a hilly area, is there going to be any blasting or dynamite uh being done to level out the area? And if so, that's going to be very noisy affecting the animals and everything else. So, I'd like to have those things be addressed and uh in any subsequent public hearings you may have or investigation into this this uh this project. So, I don't know who this thing is going to be sold to, which developer, and how that might change into possibly into rentals, which if there's any way we can prevent that from happening and keep it as uh permanent resident homes instead of rentals, I'd appreciate it. Thank you.

If there's no other public speakers, I'll I don't know, Brandon, if you want to address um the Edison lines. It's it's it's addressed in the in the staff report. So, why don't you go ahead? Uh so, the power lines along Meny Road are too large to underground, so they're going to be preserved in place. However, the project will be undergrounding the 33.6 six kilobotes and under uh as part of the the project design uh for the utilities going to each house. Um I I'll try and I'll try and work backwards. Uh as far as blasting or dynamite, we we won't know that until we get into into grading. And if they um if if that is a requirement, then certainly they would have to come back to the city for per for special permits to do that. And of course, one of the things that would be considered is is noise. Um, traffic was fully vetted uh by the city's consultant. By the way, that's you folks are familiar with the city's process. However, for the public, benefit of the public, um the city runs um all of the technical studies, air quality, noise, traffic. Um that is a th those are run by consultants that the city contracts and controls not developers. Um fire access as I mentioned earlier in my comments we work diligently both and collaboratively both with with um with the fire marshall and with Nick and his staff uh in engineering. Um same way with hydraology. uh you know there's we're we're restricted uh through the city's with the city's MS4 permit um with the regional water quality control board uh in terms of uh discharging off the site

um and in terms of you know a lot of comments about uh rentals and quote those people you know uh as as you folks might know and with the affordable housing acts uh commonly referred to as SB330 more More and more the state legislature is taking away local control um because of city's um prohibition to highdensity multifamily and and rentals. So, and that's certainly something that that any developer uh could explore um and actually process applications for single family residences and accessory dwelling units that the city has virtually no control over. So, uh, again, this project at 45 dwelling units, um, and over the minimum lot size is is about as about as good as is as you could hope for. Um, I hope that answers the question and sheds some light for the public uh on on what you're looking at. But, um, that's it. I'm available for any other questions. Tell me, Cass, about the drainage that Jim talked about. Is that is that historical drainage? Is that going to be taken care of in the hydrarology? Oh, absolutely. Yeah. Yeah. As as so it'll make it much better. As you know, it it's a requirement. You you can't increase uh the rate uh with which or or the speed with which uh historical flow uh leaves your site. Uh you have to clean it before it leaves including uh you know fugitive dirt runoff. Um and and and you can't uh so rate and and uh ingress and egress, right? So we we can't change where it enters our site and we can't alter where it where it discharges from the site.

All right. Cool, man. Good. Thank you. Thanks, K. I guess that was still public hearing, so I will close the public hearing at 8:17. Okay. Oh. Yeah. So, commissioners, have any questions or discussion? I I'm a little bit loathed to do this, but I'm going to ask the city attorney a question. It's this topic has come up several times this evening. Could you clarify with respect to rentals versus owned property? Are are we procluded by state law from considering that as as we deliberate on a project? So, in order to approve or deny this project before you uh the scope of this uh public hearing, you have to make findings that support or um your findings, right? Whether uh with facts that support uh approval or denial. There's nothing in our code that permits you currently to make findings to prohibit rentals. And in fact, um, I'm not aware of any laws, uh, state or otherwise, that specifically say that you can or cannot prohibit rentals. However, I imagine there would be due process concerns because, uh, property owners have a right to do with their properties, uh, whatever they choose so long as within the confines of, um, local and state law. In this case, we do not prohibit any single family homes uh, from renting out their properties. Therefore, um by applying that kind of restriction here, there might be concerns um for this property owner. And in the absence of a statute at the state level case law, I believe that there would be. I would have to look. However, um again, there are due process concerns in ensuring that we treat all uh property owners similarly that are similarly situated. And in this case with residential

property that's owned by a private property owner. We do not prohibit any private property owners in the city from renting out their homes. Therefore, I would not advise that the commission or any uh legislative body prohibit any developer from renting out their homes if we allow others to do so. I wasn't necessarily suggesting that. Yes, I I understand. Thank you. Thank you. Any other questions? Commission Michael. Good. Okay. There are two resolutions for adoption. Can I get a motion and a second to adopt the resolutions as presented by staff? Okay, I'll second. Went away. Sorry. Give me a moment, please. Take your time. We got all night. We don't Okay, let's try that again. A motion in a second, please. Down there. Okay. I'm sorry. Can we do a verbal vote for that? So, can I hear who motioned again? I seconded what he said. Commissioner Nighton, yes. Um, Commissioner Ramirez, yes. Commissioner Thomas is absent. Vice Chair Holler, yes. And Chair Madrid, yay. And that passed four to zero. Congratulations. The project passed.

So I always do that, man. I get so excited. All right. Okay. Um there are no discussion items tonight. Acting community development director, do you have any updates or comments? I'll just uh one one item to uh report. I know there's there's been interest in the past from the commission to kind of find out the status of of the Grecorian site and know a few times at least with the previous commission but I just wanted to mention it that as of now all the structures are are down um and uh our contractor is completing the the process of the removal of the foundations and that should be done within the next week or so and that side will be brought back to its original condition. So, I wanted to report that and I know it's something that the community has been following very closely. Orlando, good job. Okay. Would u the planning commission like to re No, we're going to see um does the planning commission have anything to report on committee committee activities? No. Michael, you must. Of course. um a short week for me. Uh on April 12th, I attended Springfest. Um great event the city puts on with community services department. Um later that day, I attended the first annual 55 plus Easter egg hunt um over at the uh Center for Spiritual Living. And even though I didn't qualify, they were very welcoming and uh I even won a bag of beef jerky. So that was cool. Um on the 15th I attended the Myrietta

housing workshop. Uh Gasson was there. Um it was at Mya City Hall. Uh they presented it. um basically kind of the the dual um meeting we had a month and a half, two months ago with city council and also um it was similar to what we all uh attended and up north. Um, a lot of the laws that are taking place, Myriad is a lot more advanced than we are as far as development and they are um more of that a all the assembly bills and the Senate bills, things like that are affecting them more. Um, I didn't necessarily learn anything new. Um, but it was interesting to attend just to see what a neighboring city is going through. Ivan, you probably know a lot of that. Um, just from your experience there. Um, and that's it. That's all I got. Good. Go anywhere, Tammy. Watch TV. Okay. It's okay. I'm sorry. Okay. Would you guys like to uh request any future agenda items? I I don't have a an agenda a future agenda item, but I do have a request. When when we have a project like those that we saw this evening um that have a waterland urban interface area, I would like to ask if it's possible to have the fire marshall or fire prevention officer here because we really need some of that technical knowledge. We don't have to have them every time. just where we have a waterland interface area. We we we get a few questions on that. I'd like to ask that. And traffic now, too. Well, I hate to end this fabulous

evening, but I'm going to journ this meeting at 8:2.