Remarks by Martin Pyne
165 remarks on the record, newest first · Page 4 of 7
- Play at 1:23:38
“So appellant should have two additional minutes if they wish to use it.”
Planning Commission · Aug 24, 2026
- Play at 1:25:33
“Thank you, Chair. Question to staff. Historically, when SF6 has been applied, how does, I guess, how did they, how has that been interpreted for two-story homes that are adjacent to one-story homes? Because I thought appellant raised a Interesting point regarding, but I'm also struggling with how to apply it in this case, because it's very much worded as transitional.”
Planning Commission · Aug 24, 2026
- Play at 1:26:54
“Yeah. Thank you for that. I would actually have a rant about the vagueness of the standards, but that's something that we spent a great deal of time addressing in previous hearings. So I am grateful that this is probably one of the last times you will be looking at this document.”
Planning Commission · Aug 24, 2026
- Play at 2:00:07
“Thank you. So this is zoned low-medium residential. Would it even be possible for a residential use of this property to happen without the building being torn down and redeveloped?”
Planning Commission · Aug 24, 2026
- Play at 2:00:31
“Um, but I, would it be possible for any, but would it be possible for are the, like, are these suites even habitable? Like, would it be possible to even get an occupancy permit for any of these?”
Planning Commission · Aug 24, 2026
- Play at 2:01:10
“Yeah, I I appreciate staff is not willing to is not going to speculate on this, but I it was my instinct when I saw it 1942 office building that it was not. It would not be likely that we could say no. It would not be likely that we could reasonably require a residential use in this one suite of. the property, given its likely condition. So I just I do think that's relevant, and I do think that's relevant to the finding about achieving the objectives and purposes of the plans, because I think you could make the argument that the thing that would most attain the objectives and purposes of the…”
Planning Commission · Aug 24, 2026
- Play at 2:02:39
“Yeah, that was obviously somewhat of a rhetorical question, but thank you.”
Planning Commission · Aug 24, 2026
- Play at 2:17:16
“Thank you. I want to go back to the scoping question because of something I noticed in the municipal code that I want clarification on. So 19.98.220, which is the exclusionary zoning provision we've been discussing, says This is and it's the it's the section that says that make where the determination by the director of community development is made, and at the last sentence of that is any decision by the director of community development regarding requested determination shall be in writing and shall be final. Now, if we go back up to 1998 070 a1 we get appeal of director decision to…”
Planning Commission · Aug 24, 2026
- Play at 3:17:47
“thank you chair uh thank you to everyone who came out tonight this is this is this was a difficult uh case to come before us i and in this kind of situation i just try to focus very closely on what we're being asked to do and what authority do we what authority do we have to do what are the required findings and determinations to be made by the planning commission and well i'm sympathetic to appellants are claims of previous of being previously denied in a similarly situated case the fact of the matter is that is not before the planning commission tonight what's in front of us tonight is the…”
Planning Commission · Aug 24, 2026
- Play at 3:47:40
“Thank you, Chair. Thank you, staff, for the presentation. Question, under section 19.38.095 clauses A and B of the municipal code, would it be possible for the planning commission tonight to, okay, and just for everyone that doesn't have the municipal code memorized, clause a says that required undergrounding may be accomplished on a time schedule approved by the planning commissioner director of community development clause b says that as conditions of approval for any use permit or special development permit planning commission or city council may impose undergrounding requirements other…”
Planning Commission · Aug 24, 2026
- Play at 3:49:18
“Okay. So I'm not, again, I'm not trying to add that requirement back. The reason I want to waive it under 1938.095 is that I think the argument that it creates a physical That's a physical thing issue. I have that code up somewhere, but I think it's a very creative argument. And I think we would, and I would want to physically precluding that's the word. I think that's, I think the argument used is creative and I would prefer to just not get into it. And I'd rather, and I'd strongly prefer to use 19.38.095.”
Planning Commission · Aug 24, 2026
- Play at 3:50:35
“So- Can we set the time schedule to be 1 billion years?”
Planning Commission · Aug 24, 2026
- Play at 3:51:18
“Would it be possible, theoretically, if somebody was really, really rich to buy PG&E and prioritize their project? I'm not saying likely, I'm saying physically possible. i prefer not to go down the avenue of these hypotheticals like let's cut let's focus on what's before the commission i i respectfully i believe that not allowing physical legal not allowing physically to grow to essentially be turned into surpluses is in the interest of the commission And I'm concerned that we are basically reading the word physically out of government code 65915E1.”
Planning Commission · Aug 24, 2026
- Play at 3:52:17
“I'm just saying I feel there's an avenue to do this under the municipal code and I would okay next question uh given the noted pg e shortages uh is staff planning to come back to the plan coming back to planning commission and eventually city council with an ordinance suspending the requirements for for undergrounding for uh undergrounding transformers we don't have a study of community to be consideration for future application of 1938-09 and g1 thank you I I think we'll have to take that all into consideration as far as further amend terminations go I because I will said I do not think it…”
Planning Commission · Aug 24, 2026
- Play at 3:55:12
“I look forward to the applicant explaining how that will loss actually how that is a material loss of actual loss of units. But I have a major problem. But the language in the sheet we got L6 says What I said, it says transformers will be screened using shrub planting. I would like to know why the materials we got were incorrect.”
Planning Commission · Aug 24, 2026
- Play at 3:55:46
“This is the bottom right corner of the page. It would not be in order. This is for staff questions. You can speak to it in your 10 minutes.”
Planning Commission · Aug 24, 2026
- Play at 3:56:15
“I'm referring to the submitted plans, sheet L6, the bottom right corner. Okay.”
Planning Commission · Aug 24, 2026
- Play at 4:12:59
“Commissioner Payne. Thank you, Chair. I would just say that I would be very open to hearing an argument from the applicant why the undergrounding versus overgrounding would have a specific purpose. uh would have a specific impact on units that on unit count that is different than the argument that was presented in the appeal letter like the argument presented in the appeal letter uh the argument presented in the attack in attachment uh seven was simply that without being able to overground the Justin Cappos- Transformers the it'll be impossible to build any units whatsoever that was the…”
Planning Commission · Aug 24, 2026
- Play at 4:21:42
“Thank you. Questions regarding wafers and . Let's do 12. This is under requirements. As I just, well, I have a couple of questions, but the first one, frankly, is regarding the L6 sheet issue that I just brought up. Why is, what's going on with the transformer screening? Because I'm not sure I actually understand right now.”
Planning Commission · Aug 24, 2026
- Play at 4:22:18
“Yeah, the flow here is basically Commissioner asks a question and applicant responds. Let me bring these arguments up here.”
Planning Commission · Aug 24, 2026
- Play at 4:24:03
“65915, in no case or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting certain criteria at the densities or what the consensus insurance has permitted by the section, et cetera. What affect a strong argument that applying this development to the effect of precluding the construction What effect do you believe is appropriate to place on the word physically in this construction?”
Planning Commission · Aug 24, 2026
- Play at 4:24:38
“Can you give me an example of a development where the construction would be precluded in a way that is not physically? It is a principle of statutory construction that one should assume that all words in a statutory sentence have an effect. I'm asking what would be... I'm concerned that you're asking me to treat the word physically as surplusage. Can you give me an example of something that would preclude but not physically and therefore not be able to be waived under E1?”
Planning Commission · Aug 24, 2026
- Play at 4:25:27
“The word physically exists in the statute. The statute does not say the effect of precluding. It is the effect of physically precluding. I'm concerned that you're asking us to read the word physically out of the statute.”
Planning Commission · Aug 24, 2026
- Play at 4:25:51
“What's your question? I am concerned. I want to understand the existence of the word physically implies that the statute would have a different effect if the word physically was not in the statute. My concern is that I get why it would be, believe me, I get why it would be impractical. There's a reason I was trying to find alternatives to, I was looking for alternatives that didn't involve having to go down this road. But my concern is that I get that would be economically infeasible. I get that would be impractical. I am concerned that we are being asked to treat PG&E as a physical law of…”
Planning Commission · Aug 24, 2026
- Play at 4:27:15
“That strikes me as fundamentally economic and not physical.”
Planning Commission · Aug 24, 2026