Planning Commission - Regular Meeting

everyone stand for the Pledge of Allegiance and then remain standing for the Statement of Values. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Statement of Values.

As we gather, we humbly seek blessings upon this meeting. May we act with strength, courage, and will to perform our obligations and duties to our people with justice to all. Let us seek wisdom so that we may act in the best interest of our people, our neighbors, and our country. All this we ask so we may serve our community with fairness and respect, putting their needs before all.

Thank you, Chair. Thank you. Please be seated. Please read the roll call, please.

Sure. Commissioner Bhatnagar.

Yes, ma'am.

Commissioner Chirikuru. Yes. Commissioner Wang. Yes. Commissioner Buza.

Yes.

Commissioner Saleem.

Yes.

Commissioner Crutchlow.

Yes.

Thank you. Did you want to do the declaration of commission procedures?

That's fine. By the way, we're ready on that side. Okay. We don't have anybody missing, so...

Yes, that we're going to handle in a moment.

Thank you. Secretary Cherukuru, if you would read the Declaration of Commission Procedures.

Public hearings are conducted by the chair in accordance with the following procedures. The chair of the commission directs all activity during the hearings. All comments shall be addressed to the commission. Any item on the agenda may be continued to subsequent hearing. Applicants will be allotted up to 10 minutes to present and to justify proposals following staff presentation of the item. Other speakers will be given up to two minutes. The applicant is allotted up to five minutes for a bottle of comments. No additional comments will be accepted upon the close of public hearing, although the Commission reserves the right to direct questions to any speaker on any matter. Special procedures or time limits may be applied to any items as prescribed by the Chair. Appeal of Commission actions must be filed in writing within seven calendar days from the date of hearing. Thank you, Chair.

Thank you. Copies of the current agenda and staff reports for each of the items on the agenda are available from the Planning Division office on the Friday afternoon preceding the meeting and available online. Continuances and exceptions. This part of the meeting allows for applicants, members of the public, or other interested parties to request that an item be continued without hearing, Withdrawn. Three. Taken out of order. Are there any requests from applicants, the public, or the Commission for continuance or exception for any items on tonight's agenda? Anyone online? Okay, then I will... We want to take one item out of sequence.

the commissioner announcements or the announcement then it's the discretion of the chair if you want to pull that forward now yes please and uh unless there's an objection then by acclamation you can do that out of order

When you say, is there any, it's like a vote or how, what's the exact procedure?

No, the chair has the discretion to do the agenda out of order. If a majority of the commission objects to that, then you'll have to preserve the original order. But you can, at this time, indicate you'd like to take a certain item out of order and see if there are any objections.

I'd like to take the commissioner item and do that first.

Commissioner announcements, reports of commissioners, number one. Between five and six. There's a one. Is that the one you're doing?

Yeah Yes Any objections So the Planning Commission has six members currently Whenever the full commission is not present, applicants have the option to continue their items to another meeting. Is that correct given the situation here that it's not, that's just because one resigned? It makes no difference, I assume.

In this circumstance, it wouldn't matter. Yeah, we give an absolute right to ask for a continuance if there are five or fewer, but you have six tonight, so.

Okay, so for the members of the audience, since we only have six members and not seven, you can ask for a continuance at this time. Does anybody want to ask for a continuance? No? Not hearing or seeing any? Let's continue on. Consent calendar. There are two items on the consent calendar today. Secretary Cherikou, will you please read the procedure for the consent calendar?

The procedure for the consent calendar is as follows. Consent calendars may be enacted, approved, or adopted by one motion unless requested to be removed by anyone for discussion. If a member of the public wishes to comment on a consent calendar item or would like to leave until that is finished, they can do so. As a guardian of Santa Clara,

And personally, I especially appreciated that her questions were thoughtful, practical, and genuinely aimed at getting the right answer, not just to stump the attorney. She served as chair several years ago, and she was one of the most effective.

Proved the vesting tentative subdivision map, subject to findings and conditions of approval, subject to SB 330. This request is pursuant to city code section 17.05.300, commercial to the south, commercial and multifamily residential to the east, Lawrence Expressway and multifamily residential to the west. The general plan land use designation is neighborhood mixed use and the zoning district is MUNC, which is mixed use neighborhood commercial. The subdivision map scope includes the reconfiguration of the existing adjacent parcels and subdivision for condominium purposes for the 147 units and for one commercial building. The project clearance committee and subdivision committee cleared the Westington Tentative Map project on October 7th, 2025. Here is the tentative map and this is the site plan showing the residential townhome and condo buildings as well as the future commercial. Pursuant to our City Code 18.120.020D3, which requires approval of the architecture review at the development review hearing, this project architecture review was approved at the publicly noticed DRH on June 17, 2026. We received six public comments for the opposition of the project and five public comments in support of the project prior to the development review hearing. Overall, the neighbors provided comments regarding privacy impacts due to the height, balcony placement, lack of multi-story setbacks, off-site parking concerns, and lack of transitional development. The development review officer approved the project with additional conditions. One, to provide additional landscaping between the subject property and the adjacent property to address the privacy concerns. And second, to add windows to all garage doors to address offsite parking concerns. The proposed project is subject to Senate Bill 330, which allows for streamlined review if it complies with objective standards in effect at the time that the application was deemed complete. The project also provides 22 affordable units and pays an in lieu fee for the remaining 0.05 fraction consistent with the 15% city's affordable housing ordinance. The previously approved architecture review included the following waivers. Waiver to waive the multi-story setbacks for the 45-degree daylight plane requirement as well as request to increase the number of stories and a height increase. Also included one concession to reduce the commercial floor area requirement. The subdivision map meets all zoning code standards and has been processed in compliance with the Subdivision Map Act and Santa Clara City Code title. The subdivision map would create additional residential development in proximity to jobs, incrementally advancing the city's goals to produce new housing. The subdivision would also provide affordable housing units which forward the mixed use land use goals and policies to provide mixed use to support high quality uses. and the city's economic development, as well as to encourage residential neighborhoods throughout the city. On July 30th, the notice of public hearing for this item was mailed to 1,331 property owners and tenants within a quarter mile of the project site for today's meeting, as well as the August 25th city council hearing. A newspaper notice was also published in the weekly on July 29th. We received one public comment after the agenda was posted. The comment raised concerns for street parking and privacy impacts from the building along Lock and Bar. Staff provided a response to the public comment, which included that the project received architectural approval at the June 17th, 2026 development review hearing. where concerns regarding off-site parking and privacy were raised. At the hearing, additional conditions were added to address those concerns. The project also provides a two-car garage for each unit, which results in 294 covered parking spaces for the 147 units, along with 47 additional on-site parking spaces, which brings the total to 341. spaces, which is consistent with our zoning code requirement. Building 8, which is located on the northeast corner along Locking Bar, is three stories tall and should have minimal impact on the residents across the street. We also received one public comment letter from the California Housing Defense Fund in support of the project. There were two community meetings held for this project, a hybrid meeting on November 13th with 38 members of the public joining in person and 11 members online. A second in-person meeting was conducted at the project site on February 25th where 30 members joined. Overall concerns raised were the loss of retail of the existing commercial space and displacement of small businesses, traffic concerns, project timeline, and who initiated the redevelopment process. The applicant addressed the concerns by explaining the role of the state housing laws, RENA requirements, general plan land use designations, allowance for residential development, and the property owner initiated the sale. Of the property which Pulte and Waymark are developing Following the first community meeting the applicant worked with the property owner and management Company to address tenant concerns regarding relocation assistance such as providing free rent extension of leases broker assistance in finding new spaces to lease and We do have a revision on one of the conditions, condition G9 general, which states the reach code as 2022. It will be updated to state 2025. An initial study and mitigated negative declaration was prepared for the architecture review in accordance with California Environmental Quality Act to address potential environmental impacts of the project. The initial study did not find any substantial evidence that the project will have a significant impact. on the environment after implementation of the required mitigation measures. The MND and notice of intent were posted on the city's website and were circulated for 20 days and were approved at the DRH on June 17th. The proposed vesting subdivision map is consistent with the approved MND and would not result in a new impact on the environment or significantly decrease the severity of any previously identified impact. Staff recommends that Planning Commission recommend the City Council find the proposed subdivision is within the scope of the adopted mitigated negative declaration prepared for the project and no further environmental analysis is required. and adopt a resolution recommending the City Council approve the vesting tentative subdivision map for the reconfiguration of the existing adjacent parcels and subdivision for condominium purposes for 147 units and for one commercial building located at 3521 and 3591 Homestead Road, subject to findings and conditions for approval. Thank you.

Thank you. I'm sorry, um commissioners have any questions.

I have one question for staff Great presentation. Thank you is what is the closest public transit stop? I believe there is one on homestead Okay, and is there an opportunity to make sure that VTA increases its shuttle services because we are adding close to 150 housing capacity on this strip that has not seen historically that level of density for public transit needs.

The applicant is submitting a TDM plan. I'm not sure if we can.

VTA, we do refer all our projects to VTA for their future planning so they're aware of the project. I don't know if this will cause them to increase their service, but we do have SV Hopper in Santa Clara, which is a last mile connection for those who need it. It also has a carpool function, so it's not just single rider. It can be multiple riders, so that is an option as well.

Yeah, I only say that with with recognizing that the public has given its comment is that Lockenburg and I live a stone's throw away So this is literally as I was reading this application I'm going to change my path of travel off of Lockenburg because the traffic is either going to spill over on Homestead or Lockenburg can't until Lawrence directly and just that left turn from Lockenbar and or Homestead is a controlled signal, but on Lockenbar to turn is a yield. So I want to make sure that 150 times two, 300 cars, hopefully not all kids at the same time in school hours, it's a two and it is fully lined with cars because right across is a multi-housing subdivision. So just to encourage more of VTA, reprieve and increased services to support, and I say, I mean, not everybody's going to come off their cars immediately, but you know, The opportunity for public transit should be real because we do have a stop at homestead And I do want to make sure that it is much more functional and if we can triple take put up a bus stop there Because it's not a covered bus stop.

I Mean of course We don't have the authority to force VTA to do that, but we can certainly take your comments and provide them to VTA. I know they're working on a 2027 transit service plan, which provides an opportunity for input. And so, you know, statement from the planning commission of Santa Clara that there's a particular need for additional shuttles at this particular location could be something we pass on to them.

That would be great. And this I see as a prime property that will actually increase transit ridership for VTA. Hopefully. Thank you. That's it. Chair?

Thank you. Anyone else? Yeah. So I had a question. I saw some information around garages and some of the adding of windows and things. Have you looked into any of the fire safety, not specifically fire, but gas safety? Because there's already requirements to have CO2 sensors. but some cities in California are starting to look into having ozone sensors and, well, beyond carbon monoxide. There's variations of the sensors depending upon the type of vehicle. Carbon monoxide makes sense if you have a combustion vehicle, but if you're driving an EV, then you really need to have a sensor for ozone and other gases that are emitted during charging process in a closed garage or have sufficient ventilation. So have we looked at having a sufficient ventilation characteristic to our ordinances for building? If not, that's okay, I understand, but it might be something to add to the list of things to look into. Gas sensors, I don't mean gas like gasoline, I mean gas like emissions from charging vehicles and from parking vehicles for a long time in a closed space. That's all. There's a little tidbit that I learned yesterday, so I figured I'd pass it along.

I'm just trying to think of where to nest that. I mean, the fact is we do require more EV spaces than what state law requires as part of our reach code. So perhaps there's a way we could finesse that into the reach code you know in addition to needing more eb spaces we need to ensure that there's adequate ventilation when such systems are installed yeah i think that would be really helpful because we don't want to catch some point where somebody goes in their garage and keels over from a concentration of gases that shouldn't have been or that should have been vented so I can raise that with the building official. I should caution that opportunities to tinker with the reach code are like on a triennial basis. So I'm guessing if we were able to put that in, it would be with the 2028 code, but there's no reason not to start a list now and I'll definitely bring it up with him at my next meeting with him. Thank you.

There is codes for that for the new construction for the garages to have venting on it so that wouldn't be a problem.

I hope not.

No, that's in the books.

The insurance companies are starting to ask for more protection before they'll insure your home and we hit that recently because we're a double EV family. an insurance company wanted us to install ozone sensors in the garage to grant us full coverage. And that was a new surprise, boom, out of the blue.

Could always have a canary. Old school. All right. Anyone else have a question for staff? The one that I brought up earlier in an email, Can you clarify the SB33 chronology? The report identifies March 7, 2025 as the preliminary application date, while the resolution says October 7, 2025. Which date is correct?

The applicant submitted, filed the application for the preliminary SB30 in March, but it was deemed complete and submitted in October. The resolution just yeah, worded it confusingly. Instead of including March 5th as filed and October 5th as submitted, we just included that it was considered submitted on October 7th.

We'll clarify that in the council resolution, since this will be going to council after.

So the March 7th is not the correct date. It's October.

October was the complete.

Complete, yeah.

That meets the 180 day period.

Correct. For this particular project, the application for the architecture of reinvesting tentative map were submitted prior to the preliminary SB230 application. We just kept it on hold when the applicant submitted the SB230 application and then resumed it when the SB230 application was deemed complete on October 7th.

Right, and SB330, I don't know why I can't say numbers. I'm still verklempt. The vesting, SB 330 vesting and the vesting tentative map, not the same thing, right?

Sorry? Correct. Yeah. They're two different applications.

Right. Yeah. Okay. So that's good. Does the, how do we pronounce that? Not the applicant, the appellant?

Applicant. No, applicant's correct.

You hadn't, the appellant. Okay. Does the applicant have a presentation?

My name is Jim Sullivan, and Meha's pulling up. I just want to thank Meha and Steve Lee, the two project planners on this, also working with Leslie and Xander. So Parvia, that's the marketing name for this site. If you go to the next slide, Meha. I'm sorry, by the way, I know I put it on my card. Jim Sullivan is my name, and I'm representing the applicant, the Pulte Group.

And what's your role?

I'm just a consultant to them and have been the primary person dealing with the neighborhood, with the tenants, and primarily with staff.

Thank you.

Just one second.

Okay, so this is something that's showing the four-story product right here, but to talk about Pulte Homes or the Pulte Group, one of the largest home builders in the country. It's been around since 1950, and they do a wide range of projects, first-time buyers, move-up buyers, active adult communities. Next slide, please. Myself, have lived here, was a longtime resident of Santa Clara, currently live in Campbell. By the way, this was the same kind of presentation that we would make at the community outreach meetings that we had. So had my contact information there. Next slide, please. The site, I think we all know where it's located. Mayhad had shown that on her site. Next slide, please. So 5.5 acres, there was 62,000 square feet of existing commercial space. The site had been around, I think, since the 60s and was fairly dilapidated for today's market. Next slide, please. So the project characteristics, 147 units, just under 5,000 square feet of new retail, contemporary architecture, a breakdown 90 four-story stacked units, and primarily those are along the Lawrence Expressway side, along with 57 of the three-story townhomes along, I'm gonna call it our eastern boundary, kind of up next to McDonald's and the preschool and the Bing HOA. All homes have attached two-car garages, and 22 units would be allocated as below market rate. Next slide, please. This is just kind of a colorized site plan. As you can see, the kind of yellow on the right, those would be the three-story product, and the kind of tan or rose-colored along the left in the brown is the four-story product. and you can see the kind of red square facing onto Homestead, that's where the new commercial retail structure would be. Next slide, please. The project benefits, providing affordable housing, targeting that affordable housing would target employees and residents of Santa Clara primarily, addressing Santa Clara arena numbers, opportunity for home ownership close to employment, tax revenue and local business revenues, and then just a quick little blurb about kind of what it brings in taxes and job opportunities. Next slide, please. So the tentative schedule, Actually, before there was a pre-application filed in the summer of 2022 by Waymark, Pulte took over and filed their pre-application in the summer of 2024. Environmental review has basically been for the past 18 months or so. Our anticipated hearings, this is what, again, we were sharing with the neighbors and the tenants. It's gonna be sometime in mid-2026. We expect groundbreaking in early 2027 and a planned opening later that year, early 2028. Next slide, please. So community outreach, there it is. The original pre-application, that was by Waymark. The revised pre-application and then the SB 330. hybrid community meeting in the fall of 2025, and as Mayha pointed out, another on-site community meeting in the winter of 2026. I think there might be one last slide. Questions? But just really quickly, Mr. Chair, if I could bring up a couple of things that I heard from the commissioners. So the bus ridership, I appreciated that comment, and I do have contacts at VTA. As you're all aware, Lawrence Expressway is a county expressway, and I know that we've been working with them. They plan on increasing, I'm gonna say pedestrian, actually walkways along Lawrence, and so we're coordinating with them on that. Obviously with Kaiser there, it makes sense to have more ridership, and I am a friend of one of the supervisors, so I will be reaching out personally to him. I think sir with regard to the gas. I just want to make sure and I know that you weren't talking about this is there's going to be no gas in this project as far as the Fixtures are concerned. This is an all-electric project But you're specifically talking about the potential of build-up of kind of fumes in that and we will be working with the city in the building department As you're aware Pulte has done several large projects, you know, you know throughout Santa Clara County And really the nation so they stay pretty well on top of all of that The last thing that I just want to say and I know it's not necessarily pertinent for This evening or something that you're talking about were the tenants on the site because in the first community meeting I was besieged a lot of tenants came out and it was I don't know if any of you were online and saw it I know off Sean was there and I think Leslie was there and it was like oh my god somebody brought a bullhorn and and I reached out to the property owners. Pulte is contractually take it tenant free. I thought even though that there was not a legal responsibility, I thought that morally and ethically, we should do something. I'm happy to report that the 16 tenants that we were working with, three of them just retired. I think it was the dry cleaner and the postal annex and maybe one other one. Then everyone else was relocated and nine of the 13 were relocated in Santa Clara. I think two went to Sunnyvale, one to San Mateo, one to Fremont, but we had nine of the former tenants that stayed here in the city. The other thing that kind of came up right towards the end, and we handled this at the design review, was there are the Bing HOA, I think it's about 16 or so units, and four of the units back onto this site, and they had expressed some concern with privacy, and so we went and sat down with our landscape architect, and in dealing with Mayha, the project planner, We've increased substantially the landscaping that we'll be planting not just along Where those four units are but continuously from lock and bar all the way out to homestead So with that I'm happy to answer any questions. Mr. Chair that the Commission might have for me.

Thank you very much any questions Go ahead

Thank you. And thank you, welcome again to my neighborhood. This is for creating a very pleasing and aesthetically viable design. Quick confirmation because one of the things that I want to encourage, this is my neighborhood, we do use those retail options there, including the Starbucks. So I was glad to see the 5,000 square feet I did want to encourage considering that as the amenity, retail, coffee shop, sandwich shop for your residents. I did want to ask more the question out of the city as well. The lot across, which is the Homestead main commercial hub, if those other businesses can actually grow and locate on the other side. I really want to see this juxtaposition of It's got prime housing opportunity. It's got schools. It's got all the amenities. And what we are struggling with on the retail side. And so I'm hoping that the lot across continues to support this housing. And again, welcome. Thank you so much.

I've got a couple of questions for you. The first one, the most important one to me is you said you're going to start early 27, the project. When are you going to start demolition?

So the way that it would work is escrow has to close first before we can Begin demolition or grading we can get early permits to do that. But typically After City Council would take action Pulte the Pulte group would through their civil engineers and architects and landscape architects. They have to do the final map and improvement plans and that could be That could be a six or seven month process.

You won't be able to start in 2027 because six months from now you'll already be almost in March of 2027. My concern is that you're going to have, it's going to look like a third world country in there with all the businesses closed off and boarded up and then you're going to have vagrants coming in and starting to set fires or try to live in there. My thing is how fast are you willing, because you have this project already. How fast were you considering moving up? Because I like to see that completely gut it down and then you can take your time building. Demolition should be one of the first things that you should do.

Demolition will be the first thing that will be done on the site. I would say demolition can't begin until Pulte closes escrow on site number one. Sometimes developers wait until after the final map and improvement plans occur. and it's because they want to move.

When do you see it? I hate to interrupt, but when do you see it? I don't want to go through. When do you see it? You have a timeline pulled. He already has an idea when is this going to be happening more or less.

January? So we would look at, I'm sorry, so the people that are behind me, I have our civil engineer, our landscape engineer, and also members of Pulte and Waymark. And so the senior VP from Pulte has told me October, November of this year,

You're going to be closing escrow and you're going to start then your demolition process. By Christmas time, things should be level.

The two things that we can do before the final map and improvement plans are done, which I said will take six or seven months, is we can get an early demo permit and we can get an early grading permit.

You're going to be doing that then I take it? Yes. I have your word for that in the back that you're going to be doing. I'm pretty sure they're going to be happy to see that demolition. I don't want to see something like down the El Camino that you stood the building and nothing's been done and it looks horrible. It makes the city look like a war zone that everybody just left.

Yeah, I understand what you're saying, sir, and I will just say that, you know, so Pulte doesn't own the site right now. The site is fenced off, but I get your concern about, like, how long is it gonna be an attractive nuisance for, and we don't want that, right? So when Pulte closes escrow, which is gonna be, I think in September, Beginning of October, our hope is to take it down within 30 days.

30 days. Realistically, you're going to probably have completion somewhere in early 2028 then of the project.

wait say one more time probably gonna have completion of the project somewhere in the early 2028 then yeah yeah through i mean you know we have to put all the after the grading you know and obviously after final map and improvement plans we then put all the utilities in carbon the streets and start pulling the building permits yeah so end of 2027 2028 you know you'll start seeing occupancies occur yeah i trust bolte bolte is a good company and i trust that have a good track record agreed

Additional questions? I see you like ready to get on the edge there. Yes, no?

So let me ask the question actually to the staff. Seems like a very straightforward project. Why is it here? Yeah. So there were some exceptions made that you want us to approve here or something like that, no?

The tentative map requires planning commission to recommend city council approval. That's fine.

Any map of five or more parcels has to go to Planning Commission. I think the exceptions you might have referred to a moment ago, maybe those were the waivers to some of the development standards. Those have already been approved at the development review hearing when the architectural for this project was approved. So that part of the project has already been entitled.

All right. Thank you. I'm good.

All right. So I'll ask my last questions here. Best for last, I think. I like your presentation. It sounds very good. I think the concern I will agree with Commissioner Booza I have seen other Developments go through where there were fires and vagrants and all sorts of stuff and that very much concerned me so number one, I want to make sure that we'll put in the minutes that I hope City Council is Making sure that you know, we do a good job as the police department to you know patrol that and that you know as you go through the motions of getting Everything approves. I know that just can't tear it down that The current property owner as yourself also does as much as you can I mean the the thing that I saw was you put up the six-foot fences and they're not permanent fences so people just rip the chain or just open it up and anybody can go in and So I very much would just request You do much as you can work with our City Council work with our Police Department and let's see what we can do to keep it safe. I

Yes, Mr. Chair. I do have to point out that I think I've had conversations with both police and fire that would like to utilize the site, and we'd love to cooperate with those two departments. So if something happens, it's not vagrants, it's most likely your departments.

So we're going to have the police out there shooting the place up?

Help their training. No guns, no guns, and I've told them no fires. It's just breaching walls.

Great. Thank you for actually supporting them, because they do like having places that they can go train on. So I appreciate that.

Thank you.

All right. Now we open to public comment. All right. Let's open it to public comment. Anybody would like to speak, or is anyone online that would like to speak about this project?

We don't have any hands raised online. Does anyone in the chambers want to speak on this item? No speakers in the chambers either.

All right. Shall we move to close public comment?

Move to close public hearing.

All right. Motion put forth by Commissioner Cherukuru, seconded by Commissioner Buza.

Commissioner Bottengaard? Yes. Commissioner Chair Caru? Yes. Commissioner Wang has cast his vote. Commissioner Buza also. Commissioner Saleem?

Yes.

Commissioner Crutchlow?

Yes.

Thank you. The motion passed.

Thank you. Would somebody like to make a motion since Nancy is not here in your spirit? Who would like to make a motion?

I can make the motion since I have it ready. Recommend that the City Council find the proposed subdivision is within the scope of the adopted mitigated negative declaration prepared for the project and no further environmental analysis is required.

Anybody would like to second? Second. Seconded by Commissioner Wong.

The motion was made by Commissioner Cherikourou, seconded by Commissioner Wang to approve Staff Recommendation 1. Commissioner Bhatnagar?

Yes.

Mr. Chair, Kuru? Yes. Commissioner Wang and Boza have cast their votes. Commissioner Salame?

Yes.

Commissioner Crutchlow?

Yes.

Thank you. The motion passed unanimously.

And I would like to just add, can we make sure that the minutes reflect our concern about the safety and that the City Council be aware and bring up any discussion regarding that?

Okay, I made a note of that, thank you.

Thank you very much. All right.

It passed. There's two motions. Adopt a resolution recommending the City Council approve the vesting tentative subdivision map for the reconfiguration of existing adjacent parcels and subdivision for condominium proposal of 147 units and for one commercial building located at 3521 and 3591 Homestead Road, subject to findings and conditions of approval.

Second. Commissioner Wang, second.

The motion was made by Commissioner Cherikourou, seconded by Commissioner Wang to approve Staff Recommendation 2. Commissioner Bottinger? Yes. Commissioner Cherikourou?

Yes.

Commissioner Wang and Bosa have cast their votes. Commissioner Selane?

Yes.

Commissioner Crutchlow?

Yes.

Thank you. The motion passed unanimously.

By the way, I just want to ask a very informal question. I know this is a little bit out of order, but I was hoping to ask, the commercial property, is there any idea what that will be used for this time?

Oh, could you speak in the microphone, please? Thank you.

Sorry.

problem jim sullivan again so we're basically designing the shell but we have not looked for marketing activities whether it will be sold or rented out i did get a phone call today from a woman that was looking for some space and i you know gave her some information about it and the timing don't think that that's right but i love the idea of how close we are to kaiser to have some sort of use that our residents and maybe you know as a lunch spot or something like that can be used thank you very much

Appreciate that. Okay. Good job. I assume they have parking. Yes. Item number four, discussion regarding appointing two planning commissioners, one in a primary role and one in a backup role for a specific period of time to attend council meetings as an official representative of the planning commission for items being heard at the council meeting that were previously heard at a planning commission meeting. So this is near and dear to my heart since I'm the one that came up with this. and you're looking at me like you know I'm going to volunteer you for it and you've asked not to, so I understand that. I'd like to know, I'm an APRO. I'm sorry?

He's volunteering. What?

No.

No.

Okay, hold on. Let's get back to order here. So is there a staff presentation?

Thank You chair there is no staff presentation on this item just to open it up for the Commission discussion and if the Commission wishes to vote at the end of their discussion they are able to do that as well someone has something to say well I would just like to throw in you may or may not be where you have a set of policies and procedures there's about 20 different rules ranging from when you start your meetings to Your annual work plan to believe it or not. There's a section on external contact so Were you to decide tonight to implement the proposed policy here? We could add that to your policies and procedures under external contact and I could suggest some language so I think an appropriate goal for you tonight might be to simply come to a consensus on whether to adopt a policy. And if you want to, then I can propose some language for that policy. We may have slightly different views on whether you should actually appoint people before the policy is in place. It might be cleaner to bring you the entire set of policies at the next meeting and then appoint once the policy is in effect, once you see it and agree that it's what you wanted. There's also no time like the present. If you want to move quickly, we can probably do that too.

I don't think there's any necessary need to move quickly, but I think maybe a few comments might be in order too, because now that we've had a chance to talk about it. But if we do that and then talk about it at the next meeting, is there anything

If you all come to an agreement tonight that you'd like to adopt a policy like this, then I will bring you the entire set of revised policies because, frankly, there are some that are still a little ambiguous as to whether or not they were ever updated in 2020 or not, and I'd love to bring all of them back at the next meeting and have them all formalized. because the council killed one of your policies but then it was sort of unclear what happened to the others. So my suggestion would be give me direction to bring back the policy and then at the next meeting you can adopt all of them and then appoint at that time.

Does anybody have any comments first of all about it because I do have one thought going along so. I have one Mr. Chair.

One of my thoughts I you know, I agree with Eric and a lot of things he does and says This is I just find that if something really bugs me I could always go as a private citizens in front of the City Council and you know give my concerns and It would probably be with the same amount of you know of feelings and knowledge of what we discussed. That's one of the things I'm just trying to make it simple. We see if something is probably going to kick back and we thought that is really important. Maybe it's just instead of having two, if we all feel that strong about it, why don't we all show up and really drive them crazy? I see your point, but at the same time, one of us could just show up like a private citizen without going through all this rigmarole that we have to do now. That's just my idea. I like to keep things simple.

Any other comments about that?

I would like to pose the counterpoint to that opinion. Speaking as somebody who has actually gone to the council meetings and attempted to make comments, you lose credibility and you lose the weight of the commission when our mayor dismisses you, not dismisses, but diminishes your comment as, thank you for as you're speaking as a private citizen and it doesn't represent the feelings or thoughts of the rest of the commission. Well, actually it does. if it's something we voted on and made comments on and well represented but it was not communicated in the minutes and not presented in the presentation, it seems an opportunity to have our joint voice raised to a higher level of concern and impact on the council's deliberations. Basically I'm saying I think they will take us more to heart speaking as a representative of the commission than simply the private citizen. That's all.

Okay. So I have also spoken to the city council and the same thing has happened to me where, you know, the mayor said you are speaking as a private citizen, not as a member of the council, correct? And yes, I had to agree to that. I think, you know, what I'm looking for is it isn't like we want to necessarily have or need every meeting for something that we passed here to have a representative. And maybe what might be the interesting aspect, if we have the option, to be able to say, hey, look, you know, if any member of the commission says, look, this I think is really important, I would like to represent us just to make sure it gets done right and that everything's been communicated right, we can do so kind of on an ad needed basis. That way we don't have to say that somebody has to sit there every time because sometimes it's just like, yeah, well, I really don't have anything to say. So it's not like a requirement because, you know, I want to be respectful of people's time as well. So with that said, I think that's kind of the idea of what we're looking for. Xander, would that follow along with your logic of the things that you're going to look up? And do we still then go ahead and direct you to to look those policies up and see what we have that might fit into that category?

Yeah, if you'd like, Mr. Chair, I can show you the proposed language that I came up with and how it would relate to our current rules and then you can. That would be great. Please. It was a little precarious sharing a screen when you got 30 windows open. So let me make sure I get the right window. Okay.

I just wanted to make a little aside. I want to thank Commissioner Chirikiru for nudging me during the presentation. Occasionally I let myself dive into this phone as a fact checker for something that I want to pose as a question, but I want to make sure I say it right. And if I get too wrapped up, don't hesitate to throw something at me or nudge me or something. Exactly. Bang me with the gavel, that's fine. I wanted to apologize formally that I let myself get too deep in this and I lost touch. So I don't want to do that anymore.

No, I got you. And the only reason was he was addressing a specific question you had. So I wanted to make sure you heard him with eye contact. Embarrassing and dismissive.

I didn't laugh.

so if I throw this down that general direction and I hit somebody it'll be it'll be me looking at my phone all right it'll first hit me don't worry I'll step in front okay

So to the chair, I just wanted to show you briefly what your rules currently say. You currently have a rule 7.1, which is exactly what the opposite of what you want. Commissioners need to clarify that statements made to external groups, commissions, or the media are made as individuals unless they've been authorized by a quorum of the planning commission to represent a view of the commission. So that's in your current rules. You have to say that you're there as an individual. So it would seem to be... Sorry? Unless authorized. And so let's authorize them with a new rule 7.2, which is too small to read. The Planning Commission shall annually appoint one commissioner and one alternate commissioner to serve as the Commission's designated representatives at City Council meetings on matters previously considered by the Planning Commission. The designated representative or the alternate in the representative's absence may attend such meetings and speak on behalf of the Planning Commission concerning the Commission's recommendation, deliberations, and actions on those matters. Appointments are for one-year terms. A commissioner may serve consecutive terms upon reappointment by the Planning Commission. That's a framework.

Yeah.

Excellent summary. So quick question. The word may attend, that leaves open the possibility as chair was saying that sometimes you may or sometimes you may not be needed, right? But what sort of guarantees here that the city council will grant that person the audience that is being expected here, right? It's not just sit in the audience and speak. How's that happening at the other end?

Right. What can we do to force the city council to listen to you? Not a lot. But I will certainly bring this up with the city attorney if you adopt it and ask that question. At the very least, you will be able to identify yourself as the designated... That's fine.

Yeah. I mean, you know, love the city attorney, love you, and just think that you guys will always come up with something good. So if there's something that... forces them well here's the one thing that here's the aspect that I would say that is important the aspect of the that is important is if you speak as a public person they cannot ask questions and I think this is probably where we're saying hey listen um since we are representing the planning commission We would be willing to take questions and or comments, blah, blah, blah. But the idea is it's not a public thing where you get your two minutes, they cannot ask you questions.

it would seem reasonable because in a sense you're acting like a staff member would be acting you know providing information that the council needs they need to know what the planning commission did so it would yeah they don't have back and forth normally with members of the public who are just speaking on an item but this yeah they can formalizing it formalizing it perhaps would allow for that back and forth um yeah exactly like this like like you said the staff so

Then would the best thing then be to allow you to have some time, we'll take this up at the next meeting and you can discuss the wording and the methodology with the city attorney?

Well, yeah, consider this the first draft. I will bring back the full set of rules with this after discussing it with the city attorney and maybe finessing it a little. But again, with the caution that I don't have any power over the council meeting rules and Anything we do will be a suggestion, but hopefully he'll have some ideas on how to facilitate that. Sure.

So on the lines of for example the the staff will then if the Planning Commission decides that somebody needs to represent at the next meeting and this item is Going to come up at the next meeting or whatever that the staff will decide right when that item comes up when that item comes up then the Planning Commission representative has a public hearing item agenda on the council meeting Now you have an open floor. You have a time.

We let them work that out. That makes total sense. Let's give you the latitude to talk to the city attorney and such. Go ahead, Lance.

I was hoping since you're doing drafts to get some language in that gets us our own guardrails right up front in the sense that if we are presenting as a member of the planning commission, we guarantee that we will present at the voted results of the Planning Commission and not substitute any of our own personal opinions for those expressed by the Planning Commission. If you want personal opinion, speak as a public representative. Your voice is heard. You are representing and you are not inserting your own opinion. Agreed. We would possibly have to at some times speak against what we voted, but because it was the majority for the Planning Commission. That's a tough call, but I was just saying that we should at least make sure that we are guaranteeing that we are speaking as a representative of the Planning Commission's opinion and not our own, explicitly.

Once we make a decision, we're all one. Yeah, we are a body. That's it. Even though you may not have disagreed, we're still just one.

Yeah, and the Planning Commission has the choice to ask a representative or the other, right, to represent its views.

Something like that new sentence. I added such presentation So I represent the majority views of the Planning Commission even if those views contradict the individual representatives personal views I'll tighten it.

It's a fair requirement And there's no restriction from presenting as an individual.

Right. As you can see, one of the things I've been asking every once in a while is to have things inserted into the minutes so that it's formal and it's unequivocal about our thoughts on a particular item. So that would be the other way to have a guardrail in there as well. But I don't know if you have to put that in there or not. That is one of the ways that I try to make sure that no one can say, you said something else. No, it's in the minutes. For whatever that's worth. I will let you think about that.

Right. We have a separate section in the policies and procedures on minutes, and it actually says the opposite pretty much. It says we will use action minutes that just give very cursory details, but you always have the discretion to amend the minutes when you approve them at each meeting.

I don't know if... Well, you want to do it at the time that the minutes are created because that's where you're going to have the most authenticity and other people on the commission can say, no, that's not what we're saying. And minutes are supposed to be the actions, but not the discussions necessarily of it. But you can ask for adding an amendment or a note to it. So there is a little bit of leeway. But yeah, we don't want to say you got to write down word for word everything that was said because that's not what minutes are.

So you'd like us to call out more expressly your ability to add things to the minutes as you see necessary?

Yeah. Because you already have that ability. Well, no, I'm just saying that's one of the reasons I do that. Oh, yeah. I just want to just highlight that because I want to make sure that it's... Anybody that's trying to say, no, I'm going to give my own opinion, it's like, yeah, come on, no, not happening. All right. Anything else that you need from us in terms of input?

If it's the consensus of the Commission, I'll bring back a slightly revised version of this along with your full set of rules for adoption at probably not the special meeting on the 26th, but probably the September 2nd meeting.

Yeah, that's fine. Any further comments before we finish this? Okay, and there's no voting needed in this one. When you say consensus, is there anything you need?

By consensus, I can take direction.

Is that consensus? This be a continuation then?

Yeah. No, it's not public hearing. No need to continue. It's fine.

Okay, thank you. All right. Finally, five, election of planning commission chair.

Can I make a suggestion before we proceed with this? Sure. Why don't we make you the chair till November and then we can take a vote when we have a full in case the outcome of things in November will be different. Just so, hold on.

What's being referred to is I have officially decided to run for city council and will be coming up in the November 3rd. That's what you're referring to?

That's exactly what I'm referring to. Let's wait till then. You be the chair right now till then. Let's see the outcome and then we can have a vote. at that time?

I think we have to vote on who's going to be commissioned chair officially. I don't know, Xander, can you guide us in that?

Can I be commissioned chair?

I would be commissioned chair pro tem, technically. Yeah. So the beauty is if I do get elected, I have to resign from the commission.

Right.

So my suggestion would— And then we have to go through that again. Yeah. Well, you have to go through it again, but if you don't, then you're stuck with me.

I can think of worse things for a few months. It could be worse. Look at it.

Did I say this? No, he said it so. I would suggest that we just keep it simple. Whoever wants to run for chair, vote for chair. Then in November, if I happen to be the chair and I resign, then we just go through the wonderful process again. But that doesn't mean that, you know, I mean, who would like to run for chair? I'll open it up to nominations.

My nomination would be that you continue as chair.

Okay. So you're officially nominating me? Yes. Okay. Anybody else want to nominate? Self-nominated? I nominate Pulitzer. What?

We have a fan club. That's another one. I'm waiting for Piro. Take that.

I'll take a vice chair. If you nominate for vice, I'll accept that.

I nominate Eric as well.

All right. Then let's do this. We have nominations. What is next?

I'm afraid I couldn't hear all of that. I heard the nomination for Crutchlow repeatedly. Were there any other nominations?

That's what I asked. Any other nominations? Yeah, I nominate Mr. Boozer.

Oh, okay. So we have a nomination for Crutchlow. We have a nomination for Boozer. Are there any other nominations? Are there any other nominations? Final call. Are there any other nominations? Nominations are closed. We will now take votes in alphabetical order.

I think you have to ask if everybody accepts the nomination. No?

That would be appropriate as well. Commissioner Crutchlow, do you accept the nomination? Yes. Commissioner Boozer, do you accept the nomination?

Uh, no. Okay. Thank you so much, but I, no, I just want to keep it simple. Let's keep him like it is. And if I nominate for his vice chair, I'll do it in case he gets kicked out.

In that case. There being only one nomination that was accepted by acclamation, congratulations, Commissioner Crutchlow, you are once again the chair for the remainder of the term, which extends until next June, unless you are forced to vacate office for some other reason. There are many ways you could vacate office.

We'll see what happens if my wife is watching or not.

And now as a result of this action, we are missing a vice chair. Sadly, we did not expressly put on the agenda election of vice chair. So that office will remain vacant until the next meeting at which point we will have elections for vice chair, please forgive us for the procedural hiccup. There are a lot of moving parts for this meeting, but we will survive without a vice chair for two weeks.

Wait a minute, you said you weren't going to do it on the 26th. Can we add the effects of dominoes? I'm sorry, you said you weren't going to do that on the 26th.

I said I was not going to do the procedural rules on the 26th, because that's work for me. But on the 26th, we can do an election, sure. That takes no work. So yeah, on the 26th, we will elect a new vice chair, because you have vacated that office, Mr. Chair.

Awesome. Okay, so... Shall we go to... Let's see... Reports of commission, board liaison and committee announcement and other items. Elizabeth? I'm sorry, I don't know who does this one. Is that Leslie or Elizabeth?

I think sometimes the commissioners will bring up items or staff. I do not have an item. I don't know if Leslie does.

We have item two, which is the commissioner travel and training reports.

You should have been chair.

The honor is on you.

So let's go to the travel and training reports then. So I do have a question about that. The APA is coming up.

I have a short question.

Please.

So procedurally, if you are now chair, but we don't have an official vice chair, does that mean if you can't be here, then you actually have to come in as vice chair and be here?

It's a circular argument, and my name is not Schrodinger, so the cat's fine.

Remember when I said how much I appreciate Commissioner Biagini not asking ridiculous questions?

Somebody had to take that one over. By the way, what was Schrodinger cat's name? That's all I want to know.

What are we going to do? What do you want to do, Lance? Tell me. Check your phone.

Oh, here's what I'll do. I'll take care of this right away. We can call a special meeting and make everybody show up at a time, hence, and do that. Does anybody feel like wanting to do a special meeting just for the vice chair? Not seeing anybody wanting to do that, that's dead.

Okay. Yeah, we could do the meeting in five minutes. All right.

Okay, so post the agenda. You can post those agendas. We're going to bed.

Let us hold on. We are not finished yet. Thank you for being... I think some people have had too many Stan's Donuts. The sugar level is way too high. All right. Commissioner travel and training reports request to attend trainings. Elizabeth, I'll hand that over to you.

Yes. We have an item which is a retroactive vote to expend funds for planning commission conference and travel. At the June 10th meeting it was discussed about the California APA conference. It was taking place October 3rd through the 6th in Los Angeles. At that time it was discussed we were at the end of the fiscal year and we could use some of our budget. We had quite a bit left. Commissioner Wang did contact me. He wanted to attend and based on our conversation at that meeting The registration has taken place and the hotel. So this is just a vote to approve approximately $2,250 in funds for this for Commissioner Wang's attendance at the conference.

I move we approve retroactively funds for Commissioner Wang to attend the California IPA conference.

Second. You could have, Mr. Wang, tried to second your own thing, but I think that would not have been appropriate.

Actually, I tried to see if anyone else wanted to go.

All right. With that being said, shall we take the vote?

The motion was made by Commissioner Cherikourou, seconded by Commissioner Crutchlow to approve this item. Commissioner Bottinger?

Yes.

Commissioner Cherikourou? Yes. Commissioner Wang has voted yes. Commissioner Bosa has voted yes. Commissioner Salame?

Yes.

Commissioner Crutchlow?

Yes.

Very good. The motion passed. Thank you.

Now I have one other thing about that too. It turns out that I somehow promised myself to go and speak on a presentation at APA because the head of the department twisted my arm, and I said, yes, it sounds good to me. And then she reminded me, oh, yeah, you're coming down, right? So I'm looking at my schedule. What I'm probably going to ask if it would be all right is to fly down literally for one day, attend that, and then fly back because I have other commitments that I'm probably going to have to deal with. If we do that, I know it's getting late in the game here. What is the best way to do that? First of all, can we do something like that? I don't know if APA allows you. Okay, if they do, great. And then how do we figure that one out? What's the best way?

Can it be part of this vote, Xander? Can it be part of this vote? Because the title is a retroactive vote to expend funds for... Planning Commission Conference and Travel.

Make it a new one to approve funds.

No, you have to make it a new one. You've already approved the one I would suggest.

Right. But the agenda item number two is request to attend trainings. So he's requesting to attend trainings. So it would be in order to make a motion to approve his request.

I move that we approve funding for Commissioner Crutchlow to attend the APA conference.

Second.

All right.

Okay.

Okay. Commissioner Bottengaard?

Yes.

Commissioner Chair Caru? Yes. Commissioner Wang and Bosa have voted yes. Commissioner Selane?

Yes.

Commissioner Crutchlow?

Yes.

Okay, very good. So why don't we have a conversation when you have time this week or next week? Because I don't know if you need to be registered for the conference, even though you're a speaker. I'm assuming you do. Yeah.

I'm assuming that they're nice enough that if you're a speaker, it's free.

So let's just go over those details together, and then we can go ahead and take care of that.

Okay, so I'll contact you?

Yeah, absolutely. Thank you.

You actually have to pay to be the privilege of being a speaker?

Yeah, that's not right. Any other conference I've gone to, if you're the speaker, you get, like, all sorts of freebies.

But, okay.

The planners are poor. All right. Any other items under travel, Elizabeth?

No, we don't have anything else. Thank you.

Director of Community Development Reports, Planning Commission Budget Updates.

Let's see. At this time, as I mentioned, Commissioner Wang's travel, several of those expenses came from last year's budget. As of right now, we really don't have any expenses to account for. Your balance is at $17,365. Let me know what trainings you want to attend. $17,000.

I can go first class.

Might not be in the city policy, but we could try.

Thank you for correcting me and keeping me in place. So, yes, I will go budget as usual. Don't worry. Commissioner Booza was talking about hitchhiking, so we'll see what I can do. All right. Great. Anything else on that? Budget's good? Then upcoming agenda items?

All right. So your special meeting on August 26th will have the continued anti-displacement ordinance for your review, a conditional use permit for a church, and possibly also a pre-zoning and annexation for a residential project on El Camino Real. And then city council actions. Since you last met in June of this year, the council met on July 14th and they did approve the rezoning and tentative map for 1341 Homestead and 906 Monroe Street. The commission voted unanimously to recommend to the council to approve both of these. And this is for the lot split on the two single family homes that were on one parcel.

That is all I have to report.

All right. Is there a motion to adjourn?

Seconded.

Seconded. Thank you very much. Nancy, we did it before 8 o'clock. No comments on you.

And she's still there.

Fantastic. Thank you. Thank you, everyone.