Design Review Board - Regular Meeting

Mohammadi tree, all you have to do is move the barbecue thing a little bit so that you don't have that problem of the seeds banking. All right? All right. You don't have to have the tree.

Thank you for that advice. Well, excuse me, board. I just want to let you know that we are live and recording in the chambers. Can you hear me? Loud and clear. Thank you very much. We do have Subrata Basu.

Recording in progress.

Subrata Basu, Mariano Corral, Angel Lopez, Christian Rodriguez, Daniel Guerra, and that we do have a quorum for the board. So whenever you're ready.

My understanding is we also have a new board member.

I'm not aware of a new board member.

Oh, okay. All right. It was passed by City Council two weeks ago, and I thought he would be here today. I wanted to welcome him.

Okay. I will check with the clerk after the meeting and make sure if they are not here, to make sure they're here for the May 19th meeting, if we have it.

You got it, sir.

You're welcome.

Good morning, board members. I guess since the chair is not here, It would be appropriate if we went ahead and nominated a chair just for this meeting's purposes.

I thought that we'd have and that Daniel Guerra will be the individual doing it.

Yeah, Daniel Guerra is the vice chair.

Oh, I apologize then.

And by the way, by law, aren't you supposed to show your pretty face also?

I think by law when you're testifying. But I'm here.

There you go. There you go. Is Danny available? Okay, can we get started?

Danny, are you there? We can't hear you.

Hello? Sorry, I couldn't get the buttons to work. I apologize.

Good morning, Danny.

Good morning.

You're the chair, Danny. Come on, let's get started.

Oh, I didn't realize that I was chairing. My mistake. Okay, so let's go ahead and call this meeting to order. If we could all stand and give a pledge of allegiance. I pledge allegiance to the flag of the United States of America, for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you very much. Okay, if we could go ahead and do our roll call, starting with staff.

Marcus Lightfoot here in the chambers with Mark Ivers of the Cordino Group.

Alex Uribe from the city attorney's office.

Matsu here.

Mariano Corral.

Angel Lopez, architect.

Christian Rodriguez.

And myself, Daniel Guerra. Okay. Go ahead and read the, if we could go ahead and do our swearing-ins of those who are going to speak.

Very good. If anybody, good morning. If anybody is going to be providing any testimony today, I need you to please turn on your cameras and unmute your microphones. We need to see you on camera if you're going to be speaking. Please go ahead and do that now.

I want to interrupt the clerk's office. If they raise their hands, I can go ahead and give them permission. At the moment, I have just a co-host with permission to unblock the videos.

Okay. Ben, please raise your hand right now so that the clerk can give you permission to turn your camera on and unmute yourself.

And by the way, we should say thank you to Jessie. She is the one behind the communication and helps us out all the time. Thank you, Jesse. Or is it Jenny?

It's Jesse.

You're welcome.

So I see Brendan Howard. I see Surami, of course. Anybody else who's going to be providing testimony?

I would think that Mark Reardon, he's the architect for the project.

Mark, I need you to please turn your camera on.

I see a second Mark. I don't know who the other Mark is.

Yeah, I can't turn it on.

Okay. If you're having technical difficulties, we will just proceed as is. Please raise your right hand. Do you swear or affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? Yes. Yes. Okay. I see you there, Mark. Thank you very much. Mr. Chair, go ahead. Vice Chair, go ahead.

So the first item is DRB-2026-008. The applicant is Mark Reardon for the property located at 7830 Southwest 58th Avenue. This is for the new construction of a two-story single-family residence. The application will be presented by Mr. Mark Alvarez for the Corradino Group.

Good morning, this is Mark Alvarez with the Corradino Group here for the City of Miami planning staff. This is everything that Mark has said. This is an application for two-story single-family home at 7830 Southwest 58th Avenue. The applicant is Mark Reardon, who is online, and the owner is 7830 SM LLC. It is located, it's an interior lot located along 58th Avenue. It's zoned rs3 everything around it is rs3 It is also designated in our future land use map a single-family Residential the it's a point four or five acre property nineteen thousand eight hundred and fourteen square feet actually I think the property operators is eight hundred but the survey comes out to the extra fourteen and Right now, there's a one-story home there. There is also an accessory unit in the back, which we know that the county property appraiser shows that as some kind of living unit, even though that wouldn't be legal, but this application will cure that anyway. In the existing condition, this is the front of the lot. It's got a circular driveway, and you can see the one-story house, the tan beige house with the barrel tile roof on it. The other aspect of the existing condition is shown by the survey. And again, you can see on the top, more or less the top left side of it as you're looking at it, you can see that auxiliary unit and the single family home is behind the circular driveway with a fairly large wooden deck. The survey also shows the location of the trees on the site. The site plan takes a very different perspective on this. And it has a single straight driveway. The garage is off to the right. And it's a two-story home that is somewhat of a U shape and moves around the property in that way, with the pool coming from the center and moving towards the back of the property. Everything about the site plan as well as the elevations follows the RS3 requirements in terms of meeting the code. It meets all the setback requirements. It meets the building footprint requirements. It meets the impervious requirements. It does also meet all the height requirements that are required in the RS3 under the new code as we've recently changed it. The landscape plan, we know that as the landscape plan is, it is completely consistent with the code in terms of the number of trees and the placement of trees. As we go through, there is, I should note, there is also consideration in the front of the lot, so the front of 58th Avenue has on its west side low tension or low, basically the household service power lines. So it's on the front on the right of way and this has silver button woods which are trees that don't go, they go to about 20 feet so those would stay clear of the power lines. So that has been considered and everything else is mostly, there's a lot of new landscape and some existing as well. Again, the landscape plan, I said all this, but it does meet all the requirements of the code as far as what is in the landscape plan at this time. We do note that there is the removal of 45 trees, about 4,428 square feet of canopy. The mitigation as proposed is required. We also note that in Section 20-4.5A.7 , there is a requirement that specimen trees, and I'll just read it, existing specimen, this is part of the landscape plan review criteria, that existing specimen trees, native vegetation, including canopy understory and ground cover, and natural forest communities shall be, shall is the word there, preserved to the maximum extent possible. We have looked at the plan and note that there are four mangoes in the back of the property that would almost actually meet that requirement, and there's a royal poinciana in the front of the property that would meet that requirement. So we have required that this application, I'm sorry, saying this for a minute we've required this application would have a condition on it that to to make sure that we're following that part of the code and that we have that these can these trees shall be preserved to the maximum extent possible we are requiring that there would be an arborist report that would explain to us it could be a letter that would explain to us a compelling reason that these trees would need to be preserved such as the ones that may be There's one right there on the bottom that's a mango. It's in the middle of the house. We understand that. But we do want to follow the code and have documentation that shows why this tree has to be removed, and that's compelling to the project. We are, I will say, particularly focused on the Royal Ponciana. We know it's near power lines, but again, we would want an arborist report to confirm that tree. There's a compelling reason to remove that tree, that it is under power lines, or if it is not under power lines and is clear and has grown to this height and breadth all this time and is still safe, then it should be preserved. As far as the design goes, the house is a contemporary house. It is two stories, mostly cream and warm sort of natural colors. That was the elevation from the front. It's a rendering. The elevation to the rear, it has a lot of glass to the rear, as we commonly see with most two-story houses now. And there are louvers to break up some of that massing in the back. There's not a color rendering of the back. On the side, again, on the side, the fenestration is different. The windows are a bit smaller, but they're still groups, and their tops and bottoms more or less match, so there's some pattern to it. We do note that it's, at least the way it's drawn, it looks massive. Maybe a rendering would help understand the colors and how that mass is broken up. Excuse me. So our recommendation is to approve it with conditions, and the condition would be that the landscape for the list of trees that are to be retained without a compelling rationale that they would be retained or that we have a licensed arborist provide us that reason before getting the tree removal permit, and that's specifically to Royal Pontianna No. 26 and the four mangoes that are in the back, 43, 44, 45, and 46. And that will be it. Thank you very much.

Thank you very much. Will the applicant like to make a presentation?

Sure. This is Mark Reardon. Good morning.

Good morning.

So that was a very good presentation. I haven't been to the board in quite a while. Very thorough, very professional. I appreciate that. I just want to add, he already mentioned it's a modern house. We call it a tropical modern house. A lot of warm materials as you see, a lot of landscaping, a lot of natural wood. Did you see the overhangs?

No.

Should I continue?

Yes, please.

The lot is large for South Miami, 19,800 square feet. I just wanted to note that the house is not maximizing the property. It actually has over 500 square feet of lot coverage remaining unused. But basically, that's it. I'll take any questions you have.

Thank you very much. With that said, we'll go ahead and open to public comment. Is there anyone in chambers or on Zoom that would like to comment on this item? There's nobody in the chambers but staff. And seeing no one on Zoom, we'll go ahead and close public comment and we'll turn to the board. Mr. Massoud, would you like to go ahead and kick us off?

No, I don't have any. I think it looks very good. And obviously, I was interested in that route and then Mark addressed that issue. So I think it's good to go for me.

Excellent. Board Member Corral.

Is it in septic tank by then, by the way?

Or is it sewer? Well, that was gonna be my question, but now you have it. Can somebody go ahead and speak to that?

I believe it's Seward, if I remember correctly. Thank you. Actually, Jerry Zamora, the civil engineer, is on the meeting, but I think he's having problems with his audio. Anyone else that could help with that?

Marcus, would you be able to add color to this?

I'm sorry, I'm having a hard time hearing. I have the lawn people right outside my window cutting. The question is, is this property on septic or on sewer? I would have to check with Public Works. I'm not sure. They were doing septic and sewer at the most southern, most point of the city around . I don't know if it made it up this far. But that's not saying the property might, that there's sewer already there. I would have to check.

I didn't see any septic tank or drain fuel shown in the plans. That's right.

As I mentioned, Jerry Zamora is in on the meeting. He's a civil engineer, but he's texting me. His audio won't work.

Well, let's see how he's going to have to...

It won't work, or we have to give him permission to speak?

Maybe. I'm not sure. He's just saying his audio won't work through text. I see.

Can anybody in chambers help with this?

Who am I trying to visit? Is it Jerry Zamora or? Yes.

He has co-host access.

Hey, good morning. How are you this morning?

Excellent. Thank you, Jerry. Uh, I believe you need to be sworn in. Yeah, go ahead. Oh my God. City attorney, would you be able to swear in Mr. Zamora?

Good morning. Do you swear or affirm the testimony you're about to give will be the truth, the whole truth and nothing but the truth? I do. Thank you.

Excellent. Mr. Zamora, and then please, could you add anything to this?

Yeah, I believe this site was on sewer. I can double check for you with Miami-Dade water and sewer. But when the plan was done, There was no septic tank or drain field on it whatsoever.

But that's interesting. I mean, you know, you guys have presented and there's a hundred percent construction drawing and presented project and no one knows if it has a septic tank or it's connected to sewer. I mean, that's a little, that's a little strange.

No, no. I went back and opened the file and yes, he's connected because he sent us the bill. that he was connected to water and sewer on it.

Yeah, there's actually, if you look on the survey, it's a little cut out on the PowerPoint, but you'll see on the street there's a sanitary sewer manhole, so there's a line running through the street.

Okay.

Yeah, so we actually submitted this a couple months ago, but we had some problems getting on to the meeting, so it's kind of out of our mindset right now. It's been a while since we submitted this.

And I also did go on and looked at the Miami-Dade Water and Sewer Atlas, and it is an 8-inch sewer line that runs along the front of the property. So both this house, the house to the north, and the house to the south are all connected to sewer.

Thank you very much. Board Member Massoud, does that conclude your comments? Yes, sir. Thank you. Thank you. Board Member Corral.

Thank you. Let me begin first with the tree mitigation or especially the Royal Poinciana that Mark mentioned. Brandon Howard is absolutely correct. That tree should be removed and for various reasons. Number one, just the fact that it's underneath power line. Are we really going to keep a tree that during a storm can actually cause damage to the power line when the tree is swaying back and forth, okay? number two i've always said this any tree under a power line and you're walking by it don't ever touch it because it does carry electricity down if it's wet you there's a possibility you can get electrocuted so for me that tree should be eliminated completely okay now but that's not the issue and the problem with this lot and it starts with grading it starts with the existing trees and I want you to remember this what I'm about to say and then I'll explain you have a right to build in this lot but at the same time the code says what's allowable to build in this lot and it's a big difference in that so let me start first with All the existing trees on the perimeter are all basically specimen tree. Tree number 40 is a 32 inch caliper tree. And the root system will probably come out to about 20 feet out. The house is only 10 feet away from that trunk. That means all those roots around that house is going to be eliminated. Same thing happens with the grading. If you have a berm, if you look at the civil engineers planet, if you have a berm that's going up six inches, one foot across, and then down again six or seven inches or whatever to create your swale, please tell me how can you build a berm around these tree trunks that's surrounding the entire property? And then when you look at the detail, explain to me how do you put a shrub that's going to have basically the same size root system 12 by 12 18 by 18 whatever how do you plant that when you built a berm and not destroy it I've been saying this for a long time about this okay and so the only way you can preserve those trees if you take every single tree and you create a tree well and then you can change the elevation for whatever you want okay but when I see this okay And I get it. You're trying to move fast. And you want to get this. But I'm sure there was basically either the information for the landscape plan was not provided to Jerry or the information of the civil engineer was not provided to Brandon. I know these guys. They're professionals. They know their business. So what happened here? I don't know. Now, you remember what I said. By right and what's allowed. So, if you don't want to build a tree well for every tree, which can be expensive, there's only one other alternative, redesign the house. Because the code says, as long as you can put your swimming pool, your house, everything on the lot, including the landscape, the preservation of trees, which now the city of South Miami has made it mandatory to have an arborist for every project, which I thank Surami 100% because it's the right thing to do. So there's no more questions, no more deviation, no more having counsel between the city arborist and the arborist that is brought in. This is excellent, by the way, sir. So the only thing that you have left, Mark, is to redesign the house because I have a feeling that this is a speculative home. Am I correct? It's for speculation.

No, but I will say this. Some of the comments, I agree with you in concept, but some of those comments are from... I think somebody has a question. I'm sorry. I hear someone talking in the background. I'm not sure if they're talking to me or not.

No, you can continue.

Okay. You have to understand, we're not talking 15, 20 years ago when properties were a couple hundred thousand dollars. You're talking two, three million dollars for a piece of property these days. And as I mentioned before, this house is not maximizing the lot. There's over 500 square feet of lot coverage we could have used and we didn't. But the houses are bigger now. The lots are more expensive. This is a requirement. It's not that people... want a small house, they can't build a small house. There's no way you can get a loan for a small house when you're paying two to three million dollars for a piece of property. Therefore, that's why you're seeing bigger homes.

Mark, I understand that. There's no way around it. You and I have had this conversation.

And if there's a tree that is in the way, then unfortunately, it has to come down.

No, no, I'm sorry. No, no, all the time. Time out.

I'm going to redesign the house.

Time out, time out, time out. As long as you meet the requirements of the code, you can have everything. And listen, go to stories. And this is a, tell me, why isn't a tree as important as a home? Tell me, especially the amount, the size of these trees. If you would have told me, this tree is 12-inch caliper. You know what, Mark? Let's go ahead. But to tell me that those trees are not important. I didn't say trees. I'm sorry, Mark. We disagree on this.

I said tree, not trees. We're not coming in and grazing the site. I said if a tree is in the way. And yes, sometimes I'll design around the tree, but sometimes you can't because it's going to make the house an odd layout. When you're talking about the money we're talking about these days in Miami to build a house, you can't do these odd things because the house will not be sellable in the future. And we're talking millions of dollars, not hundreds of thousands of dollars. It's a different world we're in today. Unfortunately, but this is the reality.

Mark, I get it. I get it. I really do, buddy. But understand, okay, I have a duty to this board and to this committee. I got to tell you what I've got. I got to tell you what I see, okay? And I'm sorry, but the fact is that if you, well, I'll tell you what, just preserve the trees. Make sure that you put those tree wells and preserve it or have Jerry find out how he can redesign His grading plan so he can contain his water and not have a problem. If you can solve that issue, terrific. See, as long as you resolve that issue, that's fine. And that's the issue I'm having.

Brandon talked about the trees, but let me ask you this with Jerry. In the past, a few years back, I know City of Miami did not like berms. They wanted swales on perimeters. Is that... What's the mindset today?

Well, Mark, let me interject a second. I think I can make this a little bit clearer. Okay. Mariano, if you look at the survey, the existing grades throughout the site are around elevation 10. Okay. You look at existing grades. The existing grades are 10.1, 9.8, 10, 9.9. There's one or two spots where it's at 10.5 along the back corner of the property. On residential properties, typically what I like to do to make everybody's life easier, I take the existing grades, okay? And then I use that as my swale bottom.

Okay.

Okay. And then I put a perimeter berm because Durham requires us now – One of the things that has occurred in the last year and a half, I think you and I have talked about this before, is Durham now requires us to retain the 25-year storm on a single lot, which is we have to retain 7.4 inches of rain on the property. So I've got properties where the berms are 6 inches, and I've got some where the berms are a foot, foot and a half. Now, in this case, I was able to make it work because there's enough green area on the site where I can make it work with a six-inch berm. So when you look at the site, what I've basically done, the existing site stays in its existing elevation. All I am doing is along the perimeter putting a little six-inch berm around it to retain the stormwater. So we are basically not excavating anywhere or doing any kind of work as far as creating swales on the property. My swale is actually the existing elevation.

Jerry, now let me get back to you on that. I'll ask again the question and I want you to think about it and take a look at your sheet C2 on your section. Okay. You show even a berm with a little bit of a, like a little shrub. Right. Now imagine if you were to draw the actual tree that has got 32 inches in diameter. Okay. And the same thing happens with all the trees on the perimeter all the way around. How do you build that berm? Number two, there's something called root hypoxia. Two inches of soil raised on top of those roots. begins to deteriorate the tree. And you're going up 6 inches, 12 inches, and right back down. Listen, you're preaching to the choir because I stopped doing grading plans on homes because of Durham. Because how difficult they have done for a 25 year storm on a residential home is ridiculous. You know it, I know it, and Mark knows it. But it is what it is and we gotta work around it. The same applies here. So I'll go back again to my original premise, okay? As long as you can preserve these trees, as long as you can provide the proper drainage, as long as you can provide everything that the code said that is allowable, I have absolutely no problem. All I'm saying to you, find the solution. Look at Brandon's landscape. He's got shrubs all the way around top of the berm. The berm is destroyed because once you plant those shrubs, what do you think? They're going to come back and build that berm up again? They don't. And I can prove it to you because I can take you to lots that the berm has gone. So all I'm saying to you, if you're able to solve that issue, and you can, by doing a grading plan with contour lines, bringing it in from this other property down into you can create your swirl areas. you can't but again i'll say this to you the one thing about tree number 40 which is the one that i'm concerned with okay you're going to cut off basically almost 30 to 35 percent of the root system and my concern would be the anchoring of that tree that is not going to fall that's the other issue so all i can say to you all is this is what it is this is my position and then i'll let the rest of the board see where they stand

Mariano, I can clear up some of these questions about the trees. There you go, Brent. So just wanted to start off with the original thing. Mango trees per code are not specimen trees. No, no, no. I'm not worried about mango, Brent. I understand. I just wanted to start with the very beginning of the whole thing. So because it started with the, there are six or seven specimens. There's only one specimen. It's the Royal Point Sienna. And as Mariana said, that tree just is a hazard, needs to really go when it's literally inches away from these overhead lines. But aside from that, this tree number 40, if you remember, there's that little silly accessory building. AND THAT ACCESSORY BUILDING EXISTS AT THE SAME LOCATION AS THE NEW WALLS OF THIS HOUSE. THOSE ROOTS HAVE ALREADY BEEN TURNED AWAY FOR DECADES. SO THERE ACTUALLY IS NO ROOT ZONE IN THIS AREA TO BE AFFECTED. AND I THINK THE ACCESSORY BUILDING IS ACTUALLY CLOSER TO THIS TREE THAN IT SHOWS ON THE SURVEY BECAUSE IT'S AN ABSOLUTE, I COULD BARELY CRAWL BETWEEN THE TREE AND THE HOUSE. IT WAS THAT SILLY OF A SPACE BETWEEN NUMBER 40. SO THERE IS ZERO CHANCE OF ANYTHING HAPPENING TO THAT TREE. IT IS WELL ROOTED. and it's not going anywhere when they do construction for this house. So it's all good. I've already looked at all that stuff. Same thing on the southern side of the house. Or is that the bottom? Oh, is that southern? Is that the bottom? Yeah, southern side. Southern side of the house, the existing house is that close to these tall trees, 49, 48, 47. So there's going to be no impact to any of these root zones with these trees. I've already taken a look at all that stuff. And so there's no questions about any of these root zones being impacted.

So you're talking about the construction of the house industry and roots will not have a major impact, correct?

Will not have pretty much any impact because the existing foundations have already turned the roots away. So when they put in a new foundation, it'll be all good. Keep going.

Okay.

So as for the berm, 100% agree. The berm has to be installed not by grading but by the landscape installer so that the berm is installed with the planting of the shrubs and the shrubs can actually maintain that berm with their root systems. If that is not done, then 100%, that berm, like you said, and you've seen on many projects, somebody else does the grade, the landscaper comes in, flattens the berm, and plants the shrubs. 100% agree. So maybe a simple note that simply says berm must be installed by landscape contractor at time of shrub installation or something like that would help make that go away because that absolutely 100% agree is an issue that happens on multiple sites. As far as the basically the strangulation of the roots, which absolutely is a thing, it is only if you cover up a large majority of the roots. And a lot of the tree wells, they literally put like a snorkel in the ground on a couple of the roots, and that kind of makes that go away. So we're talking about a berm only on the back edge of these root systems and the whole front edge, the whole, you know, 180 degrees that's facing the house will not have that coverage so it should not be any kind of strangulation on the tree it's basically just going to be covering a small how how wide is the berm 18 inches wide you know so it's only going to be covering a small area on the back side of the berm and these trees are very raised their roots are very up already they've been stretching for light because they've all been fighting with each other for sunlight so they're all tall tall straight vertical sticks versus basically So all their root systems are actually out of the ground and they're going to be creating their own berm in and of themselves because they're actually little walls of roots essentially all around this property because the roots are actually out of the ground. So really the berm height won't be an issue because the roots are actually creating, like the berm could die into the roots as if they were retaining walls. That's how crazy these roots are out of these big trees. So all of that stuff has been reviewed and looked at and 100% agree with everything you're saying. with all that stuff, but it looks like from what I've seen from the site, from the design, that we've covered all those things and we're good to go on all that.

Okay, let me just say this to you. Remember everything you said to me, because Rami is going to want you to write a report on that. That is exactly when the new code or the new form has been approved. So, because you're going to get an arborist, you have to, I mean, that's what they said. And it's going to basically back you up, but then you have to write a report and give them either options or the fact that, as you explained to me, why these trees will survive when I have a problem and how we're going to find the solution to it. That's all I was asking. Is there a solution to all of this? And that's why I was saying to Mark, it shouldn't work. It shouldn't work. But you've got to have a solution to it.

Board Member Corral, I think you've made your point clear. Is there any other item that you want to speak to this?

No, that was it. I mean, everything else is fine. Okay. And I happen to like the house, but if you cannot accommodate what originally I said, you have to redesign it. That's my opinion. That's my feeling. That's all.

You've been heard. Thank you, Board Member Corral. Board Member Lopez.

No, I have... I have no other comments.

Thank you. Board Member Rodriguez.

No, same as some of the other board members. It's a beautiful design. You know, the comments that the city staff made about the landscaping, but aside from that, I have no other comments.

Okay, excellent. And my comments have already been addressed by my colleagues, so I'll leave it at that. Very beautiful design. Thank you very much. And with that said, I'll ask if we can have a motion.

I make a motion for approval as long as it can justify how those fees can be survived from that perspective and accommodate everything that is required by code that is allowable. and still accommodate everything else that needs to go and according to the code.

Before anybody seconds that, I'd ask the city attorney if that terminology is precise enough to warrant a motion or do we need to have that rephrased?

I think that we can go ahead and I think it can be a motion with Board staff comments and board comments would include a look and highlighting for staff to confirm the survivability of those trees in those locations. I think that accomplishes what Mr. Corral was concerned about, and I think that's the appropriate way to go. And I see Surami who wants to add some color to this. Surami, are you organized?

Thank you, good morning. If the motion could just include that there'll be an arborist report basically addressing all of this and a statement from the architect that it renders a lot unbuildable if basically these trees aren't removed or whatever it is with this other tree that now I'm understanding about the root zone and all this. And Mariano, thank you for bringing up. So that it basically, it renders a lot, you know, statement, signed and sealed. So two things, the arborist report and a statement from the architect. That's what we would like to see as part of the motion. It's gonna be a requirement in all future submittals. This one sort of fell right beforehand, so if it could be a part of the motion, I'd appreciate it, thank you.

Okay, would the motion maker like to read?

I withdraw the original motion and I'll make a new motion. I make a motion for the approval of this project subject to providing an harvest report, a report by the landscape architect as to the possible solutions, and a report by the civil engineer how he's going to resolve the berm and the issue of the grading and still make the trees to be survived. And any other comments from staff and the board?

And that last one, can that be a note on the plans, as I think was discussed? That it was a note on the plans with the berms to say that it would be coordinated and that the berm would be done in coordination with the landscape planting so that it would work together. I think that's what I heard.

That needs to be on the plans, but we want a signed and sealed statement on why this a recognition that in their professional judgment, this is the only solution and that this solution will, you know, ensure the viability of the trees or whatever it is. Okay.

And for clarifications, that is from the architect or from the landscape architect?

Landscape architect. What I wanted from the architect, which is what we're going to be implementing from, and we're in the process of implementing now, is that The lot is pretty much not developable if they do not move forward with the tree removals and the way that they presented it. Not that it's easier, it's less expensive, but basically we're, you know, taking away property rights of the owner if it wasn't done the way they have presented it.

All right, Sugani.

We're doing that, yes, because it's, And I'll tell you, this is not a case of that. We get a lot of cases where it starts as a blank slate and it's not a blank slate. It's a property usually that has some very mature trees. And we had people want to remove just because

I'd like it if we can to kind of stay on track just within the corners of this application, not get into what we're going to be doing in the future or not doing in the future. I think we just need to stay here. I think it was clear, just to rephrase, Mariana, it would be approval with board and staff comments and a signed and sealed statement, the arborist report and a signed and sealed statement from the civil engineer. Was that correct, Mariano?

Yep.

Sign and seal statement from the civil engineer about the berm and ensuring that this is the only way to do it and that the trees will survive if done the way that it's being proposed.

Okay. May I make a comment or we're on this motion?

No, it's your motion. You go right ahead.

Board Member Corral, just as you make your comment, please do restate the motion so that it is clear for whoever will second.

Okay. Hang on one second because I want to make sure I use a proper... I make a motion for the approval of this project based on staff board member comments and that we receive an arborist report stamp and seal. We receive a landscape architect report stamp and seal and the same for civil engineering of how they're gonna find and resolve the issue of preserving the trees and degrading and maintaining the water within the property. You can also add a note on the plans that the burn will be subject to on-site creation due to the existing trees, which I think at the end of the day, I'm willing to do that because Jerry is going to have to sign and seal when they do the grading plans and the inspector comes over, that the water is retained within the property. So the fact that you can maneuver those burns, I have no problem with that either.

Okay. Just for clarity, Board Member Krah, if I could ask you to only state the motion.

How many times am I going to say this?

It's the same thing, man. The challenge I'm having is that you didn't end your motion, so it's unclear what it is. I just need you to state your motion and only the motion because I want to make sure that whoever's going to vote on this knows what they're voting on. So not the color, just do the motion, please.

Okay. I make a motion for approval for this home based on staff comments, board member comments, and that there will be an arborist report that will be submitted. that there will be a landscape report by the landscape architect, sign and seal, as to solutions for those trees, that there will be a sign and seal drawing and comments and report by the civil engineer how they're going to resolve the drainage issues around those existing trees with their berm. And they can add a note, they can add a note, that the berm gets subject to onsite construction as long as it does, as long as it meets the condition of the code. I can't say it in any other way, I mean, sorry.

Does that conclude your motion? Yes. Okay, perfect. Do we have a second? Does somebody need the motion right back?

I'll second it.

Okay. Thank you, Board Member Rodriguez. We have a first and a second. We'll call the vote. Board Member Basu? Yes. Board Member Corral? Yes. Board Member Lopez? Yes. Board Member Rodriguez? Yes. And I, too, vote yes. Thank you, everybody, for your patience and time. We look forward to a successful project.

Hold on. Before you guys go, The reason that I accepted it this way is because I know Mark, I know Brandon, and I know Jerry.

Mr. Corral, I got to stop you. We do not want to add anything else to the record on this after it's voted. This is something that can be discussed offline. We got to keep the record clean with that. Any additional comments could be considered inappropriate, and we have to think about it for other applicants who may not be Mr. Riordan and others.

Okay, thank you all for your time and we will see you in the future. Okay, moving on to our next item, I believe that's approval of the minutes. Has everybody had an opportunity to review the minutes? Yes. Okay, we have two, I believe, right, that we're approving?

17 has already been approved last time.

Okay, so, so is there a reason why it's still on the agenda?

Yeah, so I put the February 17, because what actually got approved were the wrong minutes, I think it was February 3. So the minutes that were supposed to be February 17, weren't actually on the agenda. That's why I re added them so that everything could be correctly approved and official.

Okay, can we can we take this as one vote? Or do we need to do them separate?

Mr. City Attorney, do you have any issue with them?

I don't have an issue with them being done as one vote as long as we acknowledge that we are just voting on both.

Excellent. With that said, if I could get a consent agenda approval, all those in favor to vote on these two items together? Yes. Say aye. Aye. Any opposed? Hearing none, okay, we'll consent the agenda. So if we could vote on both the February and March meeting minutes as one, as everyone had an opportunity to review.

Motion to approve.

I'll approve you, I'll second that.

All in favor? Aye. Any opposed? Hearing none, motion passes and we will see you at the same time, same place at the next date. Thank you all for your time. Thank you.

Thank you everybody. Bye-bye.