19:01:36 ARE CONTINUING OUR VIRTUAL MEETING 19:01:39 FORMAT MADE NETS BY THE COVID PANDEMIC SO WE'LL 19:01:43 START TONIGHT AS USUAL WITH THE PLEDGE OF ALLEGIANCE 19:01:47 . COMMISSIONER LIU 19:01:50 WILL YOU LEAD US PLEASE? >> Commissioner Liu: I WILL. 19:01:53 I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND 19:01:57 TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, 19:02:00 UNDER GOD, INDIVISIBLE, WITH 19:02:03 LIBERTY AND JUSTICE FOR ALL. 19:02:10 >> Commissioner Daulton: ALL RIGHT, THANK YOU VERY MUCH. SO THIS IS A 19:02:13 REMINDER THAT IN A NORMAL 19:02:16 MEETING WE WOULD SILENCE PHONES AND OTHER ELECTRONIC DEVICE 19:02:20 S AT THIS POINT BUT SINCE WE ARE NOT IN THE COUNCIL CHAMBERS 19:02:23 WE HAVE A DIFFERENT FORMAT. PLANNING COMMISSION 19:02:27 SECRETARY PULLEN PLEASE EXPLAIN TONIGHT'S PROTOCOL, 19:02:30 INTRODUCE STAFF AND TAKE ROLL. >> Planner Pullen: THANK YOU 19:02:33 CHAIR DAULTON. THE MEETING TONIGHT AS YOU MENTIONED IS BEING CONDUCT 19:02:36 ED ELECTRONICALLY, CONSISTENT WITH STATE LAW. 19:02:39 THE LIVE STREAM OF THE MEETING 19:02:43 MAY BE VIEWED ON COMCAST CABLE TELEVISION CHANNEL 27 AND/OR 19:02:46 ONLINE AT THE LIVE WEBCAST LINK ON THE CITY'S WEBSITE. DETAILS CAN BE FOUND AT 19:02:53 FREMONT.GOV/PLANNINGCOMMISSION. FOR HOW TO JOIN OR PARTICIPATE. OUR PUBLIC 19:02:56 INPUT PROTOCOL ALLOWS THE PUBLIC TO BE UNMUTED BY 19:02:59 THE CLERK TO SPEAK AT THIS MEETING USING ZOOM'S 19:03:02 RAISE HAND FEATURE. THE RECORDING CLERK WILL RECOGNIZE 19:03:05 SPEAKERS DURING ORAL COMMUNICATION OPPORTUNITIES, EL 19:03:09 E-MAILS SUBMITTED TO THE CLERK OR THE COMMISSION HAS BEEN 19:03:12 PRESENTED TO THE CLERK PRIOR TO THE MEETING. I'LL START WITH 19:03:15 ROLL CALL. WHEN YOU HEAR YOUR NAME 19:03:19 PLEASE RESPOND. CHAIR DAULTON, HERE. 19:03:22 VICE CHAIR RAO IS ABSENT 19:03:25 . COMMISSIONER YEE, HERE. COMMISSIONER STECKLER, 19:03:29 PRESENT. COMMISSIONER LIU 19:03:32 . HERE. 19:03:37 AND COMMISSIONER ZHANG. HERE 19:03:40 . ALL RIGHT SO WE HAVE FIVE IN ATTENDANCE, ONE AND AND 19:03:44 ONE VACANCY. SO I'M GOING TO INTRODUCE 19:03:47 STAFFER PARTICIPATING TONIGHT. 19:03:50 I'M JOANL PULLEN THE PLANNING COMMISSION SECRETARY, 19:03:54 JOINING US FROM THE CITY ATTORNEY'S OFFICE IS SENIOR 19:03:57 DEPUTY CITY ATTORNEY HEATHER LEE 19:04:00 , CLERKS 19:04:04 MARIA SALINAS AND TRISH 19:04:07 CORDOVA. IN ORDER TO OF FACILITATE 19:04:10 FEEDBACK FROM THE COMMISSION, I'D LIKE EVERYONE ON THE 19:04:13 CALL TO GENERALLY MUTE YOUR LINE 19:04:16 WHEN YOU ARE NOT SPEAKING, PLEASE 19:04:19 SPEAK UP AND IDENTIFIER YOUR 19:04:23 SELF WHEN YOU WANT TO BE RECOGNIZED. WHEN 19:04:26 ASKING CLARIFYING QUESTIONS OR DELIBERATING. WITH THAT 19:04:29 CHAIR DAULTON BACK TO YOU. >> Commissioner Daulton: THANK 19:04:32 YOU JOEL. SO WE HAVE MINUTES TO APPROVE FROM THE 19:04:35 MARCH 24th MEETING. IF THERE ARE NO CHANGES TO BE MADE I WOULD 19:04:38 ASK FOR A MOTION TO DO SO. 19:04:44 CAN I GET A MOTION? 19:04:49 >> Commissioner Liu: MOTION TO APPROVE 19:04:52 . 19:04:56 >> Commissioner Yee: SECOND. >> Planner Pullen: 19:04:59 >> Commissioner Daulton: MOVED BY 19:05:02 MR. ZHANG 19:05:06 , SECONDED BY MR. YEE 19:05:09 . WILL YOU TAKE THE ROLL JOEL. 19:05:13 >> Planner Pullen: COMMISSIONER DAULTON 19:05:17 . YES. 19:05:21 VICE PRESIDENT RAO IS ABSENT. COMMISSIONER STECKLER. 19:05:24 YES. COMMISSIONER LIU 19:05:27 . AYE. 19:05:30 AND COMMISSIONER ZHANG. AYE. 19:05:34 APPROVED 5-0 WITH 19:05:37 ONE VACANCY AND ONE ABSENCE. BACK TO YOU CLAIRE 19:05:40 . >> Commissioner Daulton: DISCLOSURES, THIS IS PART OF THE 19:05:43 MEETING WHERE YOU MAKE ANY DISCLOSURES REGARDING ITEMS ON 19:05:45 THE AGENDA. CAN WE START WITH COMMISSIONER 19:05:48 YEE PLEASE. >> Commissioner Yee: OKAY. SO FOR 19:05:52 THE FIRST ITEM, THE 19:05:54 MAHMUSH CONDOMINIUMS E-CONDOMINIUMS I WEPT TO THE 19:05:58 SITE, SPOKE TO THE BUSINESS OWNERS IN THE AREA 19:06:01 , WENT THERE ACTUALLY A FEW TIMES TO 19:06:04 DETERMINE, YOU KNOW, THE SITE OVER THERE AND THEN 19:06:07 WITH THE FIRST ELEMENT FUELS HYDROGEN DISPENSE 19:06:10 ERS WENT TO THE SITE, SPOKE WITH THE OWNER OF THE GAS STATION 19:06:14 THERE, AND FOR THE THIRD ONE, 19:06:17 OUTDOOR COMMERCIAL PATIO ORDINANCE, I PROBABLY 19:06:20 SPOKE TO TEN DIFFERENT BUSINESS OWNERS, MIXTURE 19:06:24 OF ONES THAT ARE CURRENTLY WITH THE POP-UP 19:06:27 PATIO IN PLACE AND OTHERS THAT DO NOT. 19:06:31 >> Commissioner Daulton: VERY GOOD. COMMISSIONER STECKLER. 19:06:36 >> Commissioner Steckler: YES, I DROVE TO BOTH LOCATIONS 19:06:39 AND I DIDN'T WALK AROUND THE NEIGHBORHOOD ON 19:06:43 THE BAY STREET LOCATION. AND THEN 19:06:46 DROVE THROUGH THE PARKING LOT AND STUFF 19:06:51 OF THE 19:06:54 APPLICANTS. >> Commissioner Daulton: 19:06:58 COMMISSIONER LIU. >> Commissioner Liu: I DROVE PAST 19:07:02 THE TWO APPLICATIONS 19:07:05 , AND OTHER THAN THAT NOTHING TO DECLARE. 19:07:09 >> Commissioner Daulton: COMMISSIONER ZHANG. 19:07:12 >> Commissioner Zhang: I DROVE BY THE BAY STREET. I DIDN'T GO TO THE 19:07:14 WARM SPRINGS GAS STATION. NOTHING ELSE. 19:07:17 >> Commissioner Daulton: AND I WALKED BAY STREET, SPOKE TO SOME OF THE PEOPLE AROUND 19:07:21 THERE. I WALKED FIRST ELEMENT ALSO 19:07:24 , AND IN THE LAST COUPLE OF 19:07:27 YEARS I'VE EATEN AT A LOT OF POP 19:07:30 UP PATIOS, I'LL DISCLOSE THAT NOW. SO IF WE 19:07:33 CAN MOVE ON, I DON'T BELIEVE 19:07:37 THERE IS ANYTHING ON THE CONSENT CALENDAR. SO WE CAN GO STRAIGHT 19:07:40 TO PUBLIC COMMUNICATION. TRISH COULD WE HAVE ANY 19:07:44 SPEAKERS TONIGHT? 19:07:49 >> YES. LET'S SEE HERE JUST ONE MOMENT 19:07:52 . I HAVE ONE SPEAKER. 19:07:55 >> Commissioner Daulton: ALL RIGHT, GIVE THEM THREE MINUTES THEN PLEASE. 19:07:58 >> OKAY, THE FIRST SPEAKER 19:08:01 , S KHALSA. 19:08:03 I'LL GO AHEAD AND ALLOW YOU TO SPEAK. 19:08:06 GO AHEAD. 19:08:24 S KHALSA 19:08:27 . GO AHEAD AND SPEAK. >> I UNMUTED, CAN YOU HEAR ME 19:08:29 NOW? >> YES. 19:08:32 >> THANK YOU VERY MUCH. I OWN THE PROPERTY NEXT TO THE PROPOSED 19:08:35 SITE ON BAY STREET FOR THIS PROJECT. THE PROJECT 19:08:38 IS OF COURSE 4160. I'M IN THE BUILDING TO THE EAST OF THAT WHICH 19:08:42 IS 4152. 19:08:45 AND I -- MY BUSINESS THERE 19:08:48 -- >> Planner Pullen: CHAIR, IF I CAN INTERJECT. 19:08:51 THE SPEAKER IS SPEAKING ABOUT AN ITEM ON THE AGENDA. THIS IS 19:08:54 A TIME FOR ORAL COMMUNICATION. 19:08:58 SO IF KHALS 19:09:01 A CAN GO AHEAD UNTIL 19:09:05 MAHMUSH CONDOMINIUM COMES UP IT SHOULD BE THE NEXT ITEM ON THE 19:09:08 AGENDA. >> I'M SORRY, I MUST HAVE 19:09:10 MISUNDERSTOOD. I THOUGHT THIS WAS THE TIME TO SPEAK. 19:09:13 SO YOU TELL ME WHEN TO GET BACK ON WE'RE GOOD 19:09:16 . >> Planner Pullen: WE'LL MAKE SURE TO 19:09:19 GET YOU, 19:09:22 COME MAHMUSH, WE'RE GOOD ABOUT 19:09:26 . >> THANK YOU. >> Commissioner Daulton: IN 19:09:29 CASE THERE ARE NO SPEAKERS 19:09:34 WE'LL PROCEED TO THE NEXT ITEM 19:09:37 MAHMUSH COMMITMENTS. JOEL IF YOU WILL GIVE THE 19:09:40 PRESENTATION OR BEGIN THE PRESENTATION FOR THE ITEM 19:09:43 . >> Planner Pullen: I'LL ANNOUNCE THE TITLE AND THE 19:09:47 INFORMATION AND COURTNEY IS THE PLANNER FOR THE ITEM. 19:09:50 FIRST ITEM IS THE MAHMUSH 19:09:53 CONDOMINIUMS THIS IS AT 4160 BAY 19:09:57 STREET TO CONSIDER A 19:09:59 DISCRETIONARY DESIGN REVIEW PERMIT AND VESTING TENTATIVE 19:10:02 TRACT MAP NO. 8553 TO CONSTRUCT A SIX-UNIT RESIDENTIAL CONDOMINIUM BUILDING AT 4160 BAY 19:10:06 STREET IN THE IRVINGTON COMMUNITY PLAN AREA; AND TO 19:10:09 CONSIDER A CATEGORICAL EXEMPTION FROM CEQA FOR 19:10:13 INFILL PROJECT AND ALSO TO CONSIDER EXEMPTION AS THE PROCT 19:10:16 'S CONSISTENT WITH THE GENERAL PLAN REZONING. THE PROJECT PLANNER 19:10:20 IS COURTNEY PAL, SHE'S HERE TO GIVE A BRIEF 19:10:23 PRESENTATION FOR YOU. ALSO 19:10:26 , THE APPLICANT 19:10:29 TONIGHT IS ON THE SCAM AND AFTER COURTNEY'S 19:10:32 PRESENTATION AND ANY PLANNING COMMISSIONER COORDINATING 19:10:36 QUESTIONS OF COURTNEY, THE APPLICANT HAS TEN MINUTES AND THEN 19:10:39 5 MINUTES AFTER ANY PUBLIC SPEAKERS TO REBUT. THANKS 19:10:43 CHAIR. SO COURTNEY'S READY TO GIVE 19:10:47 HER PRESENTATION NOW. >> THANK YOU JOEL 19:10:50 AND GOOD EVENING, COMMISSIONERS. THE PROJECT 19:10:54 THAT'S BEFORE YOU IN THIS ITEM TONIGHT IS 19:10:57 THE MAHMUSH CONDOMINIUMS PROJECT WHICH IS 19:11:00 A PROPOSAL FOR A NEW SIX 19:11:04 UNIT 19:11:08 RESIDENTIAL DEVELOPMENT ON BAY STREET IN IRVINGTON. 19:11:11 TONIGHT'S PRESENTATION IS GOING TO BEGIN WITH AN OVERVIEW OF THE 19:11:13 PERMITS AND BACKGROUND ON THE PROJECT SITE. 19:11:16 I'LL THEN PROVIDE AN OVERIS VIEW 19:11:19 OF THE PROPOSED PROJECT AND AN ANALYSIS OF ITS 19:11:23 ZONING CONFORMS AND FINALLY MY PRESENTATION WILL 19:11:25 CONCLUDE WITH STAFF'S RECOMMENDATION. 19:11:28 SO THE PROJECT REQUIRES APPROVAL OF TWO PERMITS 19:11:31 . DISCRETIONARY DESIGN REVIEW PERMIT WHICH IS GENERALLY 19:11:35 REQUIRED FOR MULTIFAMILY DEVELOPMENT PROJECTS. 19:11:38 AND A 19:11:41 TENTATIVE TRACT MAP WHICH IS FOR CONDOMINIUM PURPOSES. 19:11:44 THE TRACT MAP ALLOWS FOR EACH OF 19:11:48 THE SIX UNITS TO BE SOLD SEPARATELY FROM ONE ANOTHER 19:11:51 AS CONDOMINIUMS. THE PROPOSED PROJECT IS LOCATED 19:11:55 ON A 5,000 SQUARE FOOT LOT ON BAY STREET 19:11:58 WITHIN THE IRVINGTON COMMUNITY PLAN AREA. THE 19:12:02 GENERAL PLAN DESIGNATION FOR THE PROJECT SITE IS COMMERCIAL 19:12:05 TOWN CENTER AND THE ZONING DESIGNATION IS P 19:12:09 -2007- 19:12:12 229I WHICH IS DESIGNATION OF THE 19:12:16 CITY INITIATED BAY STREET PLANNED DISTRICT. 19:12:19 THIS PLANNED DISTRICT WAS APPROVED BY CITY COUNCIL IN 19:12:22 2004 IN ORDER TO 19:12:25 COORDINATE WITH THE REDEVELOPMENT AGENCY'S PLANNED INVESTMENTS IN THE BAY 19:12:28 STREET NEIGHBORHOOD. AND IN PARTICULAR THE 19:12:31 DEVELOPMENT OF A PUBLICLY OWNED PARKING LOT WHICH IS 19:12:34 TO BE SHARED AMONG THE BUSINESSES AND RESIDENTS. 19:12:37 THE GOAL OF THE BAY STREET PLANNED DISTRICT WAS TO 19:12:40 DEVELOP REGULATIONS THAT CREATED A PEDESTRIAN ORIENTED 19:12:44 STREETSCAPE AND COMMON OAN STREET AND 19:12:47 OFFSTREET PARKING FACILITIES FOR THE NEIGHBORHOOD. 19:12:50 NOTABLY, THE BAY STREET PLANNED DISTRICT INCLUDES 19:12:53 SOME UNUSUAL REGULATIONS THAT YOU DON'T REALLY SEE IN MANY OTHER PLACES 19:12:56 IN THE CITY AND THIS IS DUE TO THE UNIQUE CIRCUMSTANCE OF THE 19:13:00 CITY OWNED PUBLIC PARKING LOT AND THE CITY CONSTRUCTED 19:13:03 STREET IMPROVEMENTS TO WHICH PROPERTY OWNERS RECEIVE ACCESS. 19:13:06 IN PARTICULAR, THE PLANNED DISTRICT ESTABLISHED A 19:13:10 PROHIBITION ON CURB CUTS AND ONSITE AUTOMOBILE PARK 19:13:13 ING ON QUALIFYING LOTS, INCLUDING THE LOT THAT IS THE 19:13:16 SUBJECT OF THIS DEVELOPMENT PROPOSAL. 19:13:21 SURROUNDING PROPERTIES ON BAY STREET CONTAIN A 19:13:24 MIX OF COMMERCIAL AND RESIDENTIAL USES. 19:13:27 THE BUILDING TO THE NORTH ACROSS BAY STREET 19:13:31 IS THE ROTARY BRIDGE WAY APARTMENTS WHICH IS AN 19:13:34 18 UNIT AFFORDABLE HOUSING DEVELOPMENT AND STRUCTURES TO 19:13:37 THE EAST AND WEST OF THE PROJECT SITE WHICH WERE ORIGINALLY CONSTRUCT 19:13:40 ED AS SINGLE FAMILY HOMES HAVE MOSTLY BEEN CONVERTED 19:13:43 INTO COMMERCIAL USES. SOUTH OF THE PROJECTS 19:13:47 SITE IS THE SITE OF THE FORMER SA 19:13:50 NOFI SCHOOL WHICH IS THE SUBJECT OF A 19:13:53 SEPARATE DEVELOPMENT APPLICATION WHICH PROPOSES A MIX 19:13:55 OF INSTITUTIONAL AND RESIDENTIAL USES. 19:13:59 THE APPROACHED PROJECT WOULD BE THE FIRST TO 19:14:02 REDEVELOP ONE OF THESE EXISTING LEGAL 19:14:05 NONCONFORMING SINGLE FAMILY HOMES ON THE SOUTH SIDE OF BAY 19:14:09 STREET WITH THE HIGHER DENSITY USE 19:14:12 S THAT THE DISTRICT INTENDS FOR THIS AREA. THE 19:14:15 PROPOSED PROJECT WOULD DEMOLISH THE EXISTING SINGLE 19:14:18 FAMILY HOME ON THIS PROPERTY, TO CONSTRUCT A THREE 19:14:21 STORY, SIX UNIT RESIDENTIAL BUILDING. THE 19:14:25 PROJECT WOULD CONTAIN SIX, TWO 19:14:28 BEDROOM, TWO BATH RESIDENTIAL UNITS THAT RANGE IN 19:14:31 SIDE FROM 1,000 SQUARE FEET 19:14:34 TO 1150 SQUARE FEET. CONSISTENT WITH THE BAY 19:14:37 STREET PLANNED DISTRICT, THE PROJECT WOULD NOT PROVIDE 19:14:40 ANY ONSITE CAR PARKING. FIVE 19:14:44 LONG TERM BICYCLE LOCKERS AND FIVE SHORT 19:14:47 TERM BICYCLE RACKS WOULD BE PROVIDED NEAR THE 19:14:50 BUILDING ENTRANCE. PART OF THE MEETING 19:14:54 I UNDERSTAND THAT COMMISSIONERS RECEIVED 19:14:57 CORRESPONDENCE INQUIRING ABOUT THE FUNCTIONALITY OF THE SINGLE 19:15:00 DOOR THAT IS SHOWN ON THE LONG TERM BICYCLE LOCKERS ON THE 19:15:02 PLANS. SO I'D LIKE TO CLARIFY THAT 19:15:05 THERE WILL IN IN FACT BE THREE LONG TERM BICYCLE 19:15:09 LOCKERS TWO SOME TWO BIKE LOCKERS 19:15:12 AND ONE, ONE BIKE LOCKER AND EACH WILL 19:15:15 HAVE ITS OWN DOOR TO FACILITATE 19:15:18 ACCESS TO THE BICYCLES INSIDE. SHORT 19:15:21 TERM BICYCLE RACKS WILL BE PLACED 19:15:27 IMMEDIATELY ALONGSIDE THE AREAS ON THE SIDE. THE 19:15:30 DOORS ON THE LOCKERS THE SHORT 19:15:33 TERM RACKS THEMSELVES ARE NOT SHOWN 19:15:36 ON THE DRAWING IT SELF BUT WON'T BE 19:15:39 BECAUSE THEY WON'T BE PROVIDED. THE PROPOSED PROJECT WOULD BE 19:15:42 CONSISTENT WITH ALL OF THE APPLICABLE ZONING STANDARDS 19:15:45 FOR BUILDING INTENSITY, MASSING, SET BACK, AND 19:15:49 OPEN SPACE, AS 19:15:52 SHOWN ABBREVIATED ON THIS SLIDE AND IN MORE 19:15:55 DETAIL WITHIN THE TABLE IN YOUR STAFF 19:15:58 REPORT TONIGHT. THE 19:16:01 PROPOSED PROJECT WOULD ALSO BE CONSISTENT WITH ALL OF THE 19:16:05 APPLICABLE PARKING REGULATIONS. AS CONSISTENT WITH 19:16:08 THE REQUIREMENTS OF THE BAY STREET DISTRICT, NO 19:16:11 CURB CUTS OR ONSTREET PARKING WOULD BE PROVIDED. 19:16:16 THE PROPOSED RECREATIONAL 19:16:23 ARCHITECTURAL STYLE IS MODERN BUILDING 19:16:26 ELEMENTS. I WANT TO HIGHLIGHT IN MY PRESENTATION TONIGHT 19:16:29 THREE KEY FEATURES OF THE BUILDING. THE STRONG 19:16:32 ARCHITECTURAL PRESENCE ORIENTED TOWARDS BAY STREET, THE 19:16:36 MASSING AND SIGNIFICANT AMOUNT OF DETAIL ON ALL FOUR ELEVATION 19:16:39 S. FIRST, THE MAIN BUILDING ENTRANCE AND 19:16:42 AN ENTRANCE TO THE TRONT-FACING RESIDENTIAL UNIT WOULD 19:16:46 ORIENT TOWARDS BAY STREET. THE MAIN ENTRANCE WOULD BE RECESS 19:16:49 ED UNDER A COVERAGE PASSAGEWAY 19:16:53 WHICH WOULD ARCHITECTURALLY 19:16:56 ACCENTUATE THAT THOSE ELEMENTS. REGARDING THE MASSING 19:17:00 THE PROPOSED BUILDING WOULD BE THREE STORIES TALL 19:17:03 WHICH IS GENERALLY CONSISTENT WITH OTHER BUILDINGS IN THE NEIGHBORHOOD. 19:17:06 THE THIRD STORY OF THE BUILDING HAS A GREATER 19:17:09 SET BACK THAN THE LOWER TWO STORIES OF THE BUILDING IN ORDER TO REDUCE 19:17:14 THE APPARENT MASSING FROM THE STREET. 19:17:17 REFORMS ARE ALSO BROKEN UP INTO DRET 19:17:23 DISCRETE ELEMENTS USING BUILDING FORMS, WHICH 19:17:26 FURTHER REDUCES THE APPARENT BUILDING BULK 19:17:30 . FINALISTLY THE 19:17:34 BUILDING UTILIZES 19:17:37 TO PROVIDE METAL DETAIL. 19:17:40 METAL RAILINGS, A SINGLE SEAM METAL 19:17:44 ROOFING AND A HE METAL CANOPY WOULD 19:17:47 ADD A CONSISTENT THEME TO THE ROOF OF THE BUILDING 19:17:50 . MODERN FLAT AND 19:17:53 HIP ROOF FORMS AND COMPLEMENTS THE ADJACENT 19:17:56 BUILDINGS WHICH LARGELY UTILIZE A TRADITIONAL HIP ROOF 19:17:59 . OVERALL, THE ARCHITECTURAL DESIGN 19:18:03 OF THE BUILDING COMPLIES WITH ALL RELEVANT DESIGN RULES. 19:18:10 WITH REGARD TO THE LANDSCAPE AND OPEN SPACE DESIGN OF THE 19:18:13 PROJECT THREE OUT OF FOUR EXISTING TREES ON THE SITE WOULD BE 19:18:16 RETAINED AND ONE EXISTING TREE WOULD BE REMOVED. 19:18:21 DUE TO SPACE CONSTRAINTS ON THE SITE THE APPLICANT 19:18:24 IS CURRENTLY PROPOSING TO PAY A TREE MITIGATION FEE 19:18:28 RATHER THAN PLANT A REPLACEMENT TREE BUT LANDSCAPE PLANT 19:18:31 PLANTERS ALONG THE EAST, WEST AND SOUTH PROPERTY LINES 19:18:35 WOULD BE PLANTED WITH LOW 19:18:43 SHRUBS 19:18:47 AND GROUND COVERS. ADDING GREEN 19:18:50 TO THE STREET FRONTAGE. THAT CONCLUDES THE 19:18:54 STAFF'S REVIEW OF THE PROPOSED SUBJECT AND I WANTED 19:18:57 TO NOTE THAT THE 19:19:00 MATTER IS SUBJECT TO THE HOUSING ACCOUNT 19:19:04 ABILITY ACT, REDUCE DENSITY OF HOUSING 19:19:07 PROPERTY MAPS THAT COMPLY 19:19:11 WITH THE SUBDIVISION STANDARDS AND CRITERIA UNLESS 19:19:14 FINDINGS CAN BE MADE THAT THE PROJECT WOULD HAVE AN 19:19:17 UNAVOIDABLE IMPACT ON HEALTH OR SAFETY THAT 19:19:20 CANNOT BE MITIGATED IN ANY OTHER 19:19:23 WAY OTHER THAN REDUCING ITS SIZE. AS DISCUSSED IN 19:19:27 THIS PRESENTATION IT APPEARS THAT THE PROJECT COMPLIES WITH ALL 19:19:29 APPLICABLE STANDARDS AND POLICIES. AND STAFF DO NOT HAVE ANY 19:19:32 EVIDENCE OF THE PROJECT WOULD RESULT IN UNAVOID 19:19:35 ABLE IMPACTS TO PUBLIC HEALTH OR SAFETY THAT 19:19:39 WOULD 19:19:45 NECESSITATE ITS DISAPPROVAL 19:19:48 . FINDS 19:19:51 IT'S CEQA 19:19:54 GUIDELINES SECTION 15183 AND THAT THE PROJECT IS 19:19:57 CONSISTENT WITH THE GENERAL PLAN AND ZONING. 19:20:00 STAFF'S RECOMMENDATION IS TO ADDITIONALLY FIND THAT THE 19:20:03 PROJECT IS IN CONFORMS 19:20:08 WITH THE PROJECT AND GENERAL PLAN AND TO APPROVE 19:20:11 THE DISCRETIONARY DESIGN PERMIT AND 19:20:14 TREE REMOVAL SUBJECT TO THE CONDITIONS OF APPROVAL WHICH ARE FOUND 19:20:18 IN EXHIBIT C IN YOUR PACKET TONIGHT. THAT CONCLUDES STAFF 19:20:21 'S PRESENTATION THIS EVENING AND I'M NOT AVAILABLE FOR ANY 19:20:23 QUESTIONS FROM COMMISSIONERS IF YOU HAVE THEM. 19:20:26 THANK YOU. 19:20:44 CHAIR DAULTON, YOU ARE ON MUTE IF YOU ARE SPEAKING 19:20:47 . >> Commissioner Daulton: CHAIR RECOGNIZES COMMISSIONER YEE FOR 19:20:50 QUESTIONS OF STAFF. 19:20:57 BEN YOU'RE ON MUTE AS WELL. >> Commissioner Yee: YES 19:21:01 , SORRY, MY TIME 19:21:04 TO ACCIDENTALLY BE ON MUTE. JUST FOLLOWING THE CHAIR'S LEAD. 19:21:07 BUT ANYHOW 19:21:11 THANK YOU AGAIN COURTNEY FOR THE DETAILED PRESENTATION FOR THIS 19:21:13 PARTICULAR PROJECT. ONE OF THE THINGS THAT MAYBE YOU 19:21:16 CAN CLARIFY FOR ME BECAUSE I SAW IN THE PACKET 19:21:19 , IT TALKS ABOUT THE DENSITY. YOU KNOW 30 TO 19:21:23 50 DWELLING UNITS PER ACRE YET IT SHOWS 19:21:26 IT'S 54.5. SO TO ME THAT 19:21:29 EXCEEDS THE RECOMMENDATION RANGE 19:21:33 . SO CAN YOU CLARIFY WHY IT SAYS IT WAS ROUNDED 19:21:35 UP? THAT SOUNDS LIKE IT'S ROUNDED DOWN. 19:21:44 >> YES, SO IN THE MIPT FOR 19:21:50 MUNICIPAL CODE FOR PLANNED DISTRICTS THERE ARE PROVISIONS THAT 19:21:53 SAY THAT IF YOU DIVIDE THE UNIT DENSITY OR 19:21:57 THE NUMBER OF UNITS YOU GET FOR A SITE AND YOU COME UP WITH A 19:22:00 FRACTION, IF THAT FRACTION IS ONE HALF OR GREATER, THEN 19:22:02 YOU ROUND UP. AND IF THAT FRACTION IS LESS 19:22:06 THAN ONE HALF YOU WOULD ROUND DOWN. SO IF YOU SUBDIVIDE 19:22:09 THE .11 ACRE PROJECT SITE BY 19:22:13 A MAXIMUM DENSITY OF 50 DWELLING UNITS PER 19:22:16 ACRE YOU WOULD GET A TOTAL OF 5. 19:22:19 5.5 UNITS THAT ARE ALLOWED ON THE SITE AND THAT 5. 19:22:22 5 WOULD THEN BE RUNDED UP TO 6 WHICH IS WHAT 19:22:26 THE PROJECT IS PROVIDING PER THAT STANDARD IN THE MUNICIPAL 19:22:29 CODE. SO THE PROJECT WOULD BE CONSIDERED TO BE 19:22:32 IN C 19:22:36 C 19:22:40 CONFORMANCE WITH THE MUNICIPAL CODE ON THAT ROUNDING RULE 19:22:44 . >> Commissioner Yee: I UNDERSTAND THAT, I'M LOOKING AT 19:22:47 A STANDARD THAT SAYS 30 TO 50, THIS 19:22:50 STILL SAYS 55.50. IF WE 19:22:54 I WERE TO LOOK AT THIS RANGE FROM A DETAILED AND 19:22:57 STRUCTURED PERSPECTIVE THIS TO ME LOOKS LIKE 19:23:01 IT'S EXCEEDING THIS 50 NUMBER 19:23:04 EVEN THOUGH I UNDERSTAND WHERE YOU'RE COMING FROM WITH THIS 19:23:07 . ALTHOUGH THIS IS ROUNDING UP OR ROUNDING DOWN TO A POINT 19:23:10 WHERE IT TRIES TO CONFORM INTO THIS 50 19:23:13 BUT IN REALITY IT'S ACTUALLY STILL AT 54 19:23:17 .5. >> SO WHEN WE'RE LOOKING 19:23:20 AT CONFORMANCE TO DENSITY WE'RE LOOKING AT CONFORMANCE TO 19:23:23 THE WAY THAT DENSITY IS CALCULATED PURSUANT 19:23:27 TO THE PLANNED DISTRICT REGULATIONS AND PURSUANT 19:23:31 TO THE MUNICIPAL CODE. SO WHITE THE SHORT HANDLED 19:23:34 OF 54.5 IS, YOU KNOW, ADMIT 19:23:38 LY OVER THE 50 MAXIMUM IN THE DENSITY RANGE THAT IS 19:23:41 A PERMITTED INCREASE IN DENSITY PURSUANT TO THE CODE 19:23:44 BECAUSE IT FALLS WITHIN THE PROVISION IN THE CODE THAT ALLOWS 19:23:47 THE APPLICANT TO ROUND UP FOR 19:23:51 HALF UNITS. SO IT WOULD BE CONSIDERED CONSISTENT WITH THE REQUIREMENTS 19:23:53 OF THE MUNICIPAL CODE. >> Commissioner Yee: ALL 19:23:57 RIGHT. 19:24:00 >> Commissioner Daulton: ANYTHING ELSE, COMMISSIONER YEE? 19:24:01 >> Commissioner Yee: NO. >> Commissioner Daulton: ANY 19:24:04 OTHER QUESTIONS FROM THE OTHER COMMISSIONERS, FOR STAFF 19:24:09 ? COURTNEY, 19:24:12 CAN YOU TELL ME HOW MANY SPACES ARE IN THE PUBLIC LOT 19:24:16 ON BAY STREET? 19:24:20 >> I AM NOT FAMILIAR WITH THAT NUMBER 19:24:24 OFF THE TOP OF MY HEAD. SECRETARY PULLEN DID YOU KNOW 19:24:26 ? >> Planner Pullen: YES, CHAIR, THE PUBLIC 19:24:30 LOT ON BAY STREET I VISITED THERE 19:24:33 LAST WEEK IS ABOUT 40 SPACES, I COULD BE OFF 19:24:35 , BECAUSE I WAS LOOKING IN AND COUNTING. 19:24:38 AND THE STREET FRONTAGE IS 19:24:42 AROUND 800 AND CHANGE. 850 19:24:45 FEET ALONG THAT AREA. SO IT'S ABOUT 35, 40 19:24:48 , DEPENDING ON HOW LONG THE CARS ARE, 19:24:52 PUBLIC CURB PARKING SPACES OVER THAT STRETCH OF 12 HOUSES 19:24:56 ON BAY STREET. >> Commissioner Daulton: OKAY. 19:24:59 AND IS THERE ANY FEE TO THE PROPERTY OWNERS OR 19:25:02 THE BUSINESS OWNERS FOR THAT PUBLIC PARKING LOT 19:25:07 ? >> NO, THERE IS NO FEE THAT BUSINESS 19:25:10 OWNERS MUST PAY TO ACCESS THE PUBLIC PARKING LOT. 19:25:14 >> Commissioner Daulton: AND WHAT'S -- JUST GUESSING 19:25:17 , HOW FAR OF A WALK IS IT TO THE PROPOSED 19:25:21 BART STATION? 19:25:25 >> THE PROJECT IS APPROXIMATELY A HALF MILE FROM THE BART 19:25:29 STATION. >> Commissioner Daulton: SO WHAT DO WE CALL THAT, SEVEN 19:25:32 MINUTES WALK MAYBE? YEAH, OKAY. 19:25:36 >> APPROXIMATELY. >> Commissioner Daulton: ALL RIGHT, ANY OTHER QUESTIONS FROM 19:25:39 THE COMMISSIONERS? ALL RIGHT IN THAT CASE, I 19:25:43 BELIEVE WE ARE GOING TO TURN TO THE APPLICANT 19:25:47 FOR THEIR PRESENTATION. 19:25:51 I'M NOT SURE WHO I'M RECOGNIZING HERE BUT DO WE HAVE THE 19:25:55 APPLICANT HERE TO GIVE A PRESENTATION 19:25:58 ON THIS PROJECT? 19:26:04 ANYONE? >> YES, WE ARE HERE. 19:26:07 >> Commissioner Daulton: OKAY. IT'S YOUR TURN. YOU HAVE 19:26:10 TEN MINUTES. >> OKAY 19:26:13 . IT'S MY WIFE AND MY NAME 19:26:17 IS MUSH AH 19:26:20 MED AND WE WANT TO SAY SOMETHING ABOUT THIS PROJECT. SO SHE IS 19:26:24 JUST GOING TO GIVE FIVE MINUTE TALK ABOUT IT. >> HELLO 19:26:27 EVERYONE. THANK YOU SO MUCH FOR YOUR TIME THIS EVENING 19:26:30 . I WANTED TO FIRST JUST QUICKLY INTRODUCE US 19:26:34 . WE'VE BEEN LONG TIME RESIDENTS OF FREMONT, 19:26:37 MY GRANDPARENTS, I BASICALLY GREW UP 19:26:40 IN MY GRANDPARENTS 19:26:44 ITALIAN RESTAURANT, LUCIA 19:26:49 'S TARNL RESTAURANT FOR MANY YEARS. THAT GAVE 19:26:52 ME MY INSPIRATION TO OPEN MY CURRENT BUSINESS IN 19:26:55 FREMONT WHICH IS NOW 18 YEARS OLD AND WE HAVE A SECOND 19:26:59 LOCATION WITHIN FREMONT FOR MEAT AND DELI SO WE 19:27:02 ARE VERY MUCH A PART OF THE FREMONT COMMUNITY. WE TAKE 19:27:05 PART IN ALL TYPES OF SUPPORT, FUND RAISERS 19:27:08 AND EVERYTHING WE CAN DO TO HELP SUPPORT THE COMMUNITY. 19:27:11 SO JUST TO GET A BRIEF UNDERSTANDING OF 19:27:14 OUR PERSONAL 19:27:18 -- OUR -- WHAT WE ARE LOOKING TO DO FOR THIS 19:27:21 PARTICULAR PROJECT, BECAUSE OF OWNING THESE BUSINESSES WE'VE BEEN 19:27:24 HAVING A REALLY HARD TIMEKEEPING OUR STAFF 19:27:28 LIVING. >> FR 19:27:31 IN FREMONT. ONE OF OUR IDEAS 19:27:34 , WE HAVE FAMILY THAT WORKS FOR US AND LONG TERM STAFF 19:27:38 THAT ARE OUR FAMILY, HAVE BECOME FAMILY FOR US 19:27:41 . WE WANT TO CREATE A SPACE 19:27:44 FOR THEM TO BE ABLE TO RENT AND US SUPPORTING THEM TO BE 19:27:47 ABLE TO HAVE AFFORDABLE RENT AND HAVE THE WALKING 19:27:50 KIND OF POSITION FOR THEIR RESIDENTS BECAUSE OUR RESTAURANT 19:27:54 IS LITERALLY ACROSS THE STREET FROM BAY STREET ON 19:27:57 FREMONT BOULEVARD. IT'S 40 19:28:00 900 FREMONT BOULEVARD AND BOTH OF OUR LOCATION 19:28:03 S ARE LOCATED IN THE SAME STRIP. SO FOR US IT'S 19:28:07 A COMBINATION OF TRYING TO MAKE SURE THAT OUR EMPLOYEES ARE LIVING 19:28:10 A QUALITY LIFE AND SECONDLY, 19:28:13 THAT THEY'RE ABLE TO RETAIN -- WE ARE ABLE TO 19:28:16 RETAIN THEM. WE HAVE LOST SOME OF OUR PEOPLE 19:28:19 TO MOVING OUT OF STATE BECAUSE THEY JUST CAN'T AFFORD IT, TO 19:28:22 LIVE IN THE BAY AREA ANYMORE. AND WE ARE 19:28:25 BEING SEVERELY IMPACTED BY THE LABOR SHORTAGE. WE ARE CURRENTLY 19:28:28 HIRING AND UNFORTUNATELY HAVE NOT BEEN SUCCESSFUL IN FIND 19:28:32 ING ANY CANDIDATES. SO THESE ARE EXTREMELY 19:28:35 VIABLE EMPLOYEES FOR US. AND BASICALLY, IF THEY HAD 19:28:38 TO MOVE FAR ENOUGH AWAY FROM FREMONT WHERE THEY 19:28:41 COULDN'T COMMUTE THEN WE PRETTY MUCH WOULD PROBABLY LOSE 19:28:45 OUR BUSINESS AT THIS 19:28:48 POINT. SO WE JUST WANTED TO GIVE YOU THAT PERSPECTIVE. 19:28:51 THAT IS OUR MAIN -- OUR MAIN GOAL. 19:28:54 WE ARE NOT TRYING TO BASICALLY BUILD 19:28:57 A PROJECT FOR PROFIT. IT'S MORE OF A COMMUNITY 19:29:00 BASED ENDEAVOR FOR OUR BUSINESS BUT ALSO IN GENERAL, 19:29:05 WE HAVE BEEN IN FREMONT FOR SO LONG THAT FREMONT IS VERY SPECIAL 19:29:08 TO US SO WE WANTED TO ADD VALUE. THANK YOU SO MUCH FOR 19:29:12 YOUR TIME. 19:29:15 >> Commissioner Daulton: THANK YOU. DO -- IS THERE ANYONE 19:29:18 ELSE FROM YOUR TEAM WHO HAS ANYTHING ELSE TO 19:29:22 SAY? OKAY. ALL RIGHT. 19:29:26 THEN AT THIS POINT TRISH CAN WE 19:29:28 INVITE PUBLIC COMMENT ON THIS ITEM PLEASE? 19:29:31 >> YES. >> Commissioner Daulton: HOW MANY SPEAKERS HAVE WE 19:29:34 GOT? >> GIVE ME A MOMENT, I'M GOING TO REMOVE 19:29:38 THE TIMER AND I'LL TAKE A LOOK AT THE SPEAKERS WE HAVE 19:29:41 , JUST ONE MOMENT. >> Commissioner Daulton: GREAT 19:29:44 GREAT, THANK YOU. >> IF ANYBODY WANTS TO SPEAK 19:29:47 , OKAY I DO SEE A HAND AND WE HAVE ONE 19:29:50 SPEAKER AND DID YOU SAY TWO MINUTES? >> Commissioner Daulton: ONE 19:29:53 SPEAKER GIVE THEM THREE MINUTES PLEASE. >> THREE MINUTES. 19:29:56 SO LET ME SEE THE SPEAKER IS 19:29:59 S KHALSA. GO AHEAD AND SPEAK. 19:30:08 >> OKAY THANK YOU, CAN YOU HEAR ME OKAY? 19:30:10 >> YES. >> WONDERFUL, THANK YOU SO MUCH. 19:30:13 AS I SAID BEFORE MY MISTAKE SORRY I DIDN'T REALIZE THAT 19:30:16 THAT WASN'T THE RIGHT TIME TO BE TALKING. 19:30:19 I OWN THE PROPERTY ON THE EAST SIDE MUCH 19:30:23 OF THE PROJECT SITE. I'M AT 19:30:26 4152 BAY STREET. AND MY BUSINESS 19:30:29 THERE AS A HEALTH CARE 19:30:32 CLINIC. AND I'M A CHIROPRACTIC 19:30:36 CHIROPRACTOR AND MY CUSTOMERS ARE PATIENTS 19:30:39 . AND THESE PEOPLE, YOU KNOW, COME TO MY OFFICE BECAUSE THEY 19:30:42 NEED MY SERVICES. MOST OF THESE PEOPLE ARE 19:30:46 IN PAIN AND THEY'RE SUFFERING 19:30:49 PHYSICAL DIFFICULTIES WHICH MAKES IT HARD FOR THEM TO WALK VERY FAR 19:30:54 . SO PRESENTLY THAT'S THE CASE. AS IT IS PARK 19:30:57 ING CAN BE VERY DIFFICULT AT TIMES. SO 19:31:00 MY CONCERN IS, HOW WILL ADD 19:31:03 ADDING THE CARS THAT WILL COME FROM AN ADDITIONAL 19:31:06 SIX UNITS IMPACT THE PARKING ON 19:31:10 BAY STREET? NOW, I 19:31:13 KNOW, I'M FAMILIAR WITH THAT CENTRAL PARKING 19:31:17 LOT THAT WAS DONE WHEN THE BAY STREET PROJECT WAS DONE 19:31:20 . AND THE CITY DID A GREAT JOB WITH THAT. 19:31:23 I JUST WANT TO SAY THAT. HOWEVER 19:31:26 , PRESENTLY, 19:31:29 WHO PARKS IN THAT PARKING LOT AND WHO LIVES IN THAT PARK 19:31:33 ING LOT ARE HOMELESS PEOPLE IN CASE YOU DIDN'T KNOW THIS. 19:31:36 YOU CAN DRIVE BY AND LOOK THERE. YOU'LL SEE 19:31:39 RVS PARKED AND TENTS AND SOMETIMES A BIG 19:31:42 MESS IN THERE. THEY'VE TAKEN OVER THAT PARKING 19:31:45 LOT TO A CERTAIN EXTENT. WHAT THAT -- WHAT 19:31:48 THAT CAUSES IS, IT'S DIFFICULT FOR PEOPLE TO PARK 19:31:51 THERE AND FEEL THAT THEIR CARS ARE GOING TO BE SAFE 19:31:55 . I'VE HAD MY PATIENTS COME TO MY OFFICE AND TELL 19:31:58 ME WHEN THEY CAN'T FIND STREET PARKING, AND THEY 19:32:01 HAVE TO GO TO THAT PARKING LOT, THEY'RE AFRAID 19:32:05 FOR THEIR CARS TO BE PARKED THERE. SO THAT'S AN ON 19:32:08 GOING ISSUE. 19:32:11 SO I JUST SEE 19:32:16 THAT, WITH THE ADDITIONAL CARS THAT WOULD BE ADDED FROM SIX MORE 19:32:19 UNITS AND THAT COULD BE AS MANY AS 12 CARS IF IT'S TWO 19:32:22 PER UNIT, IT'S GOING TO BE A 19:32:26 DISASTER FOR PARKING ON BAY 19:32:29 STREET. I SPOKE 19:32:33 TO MUSH SOMETIME AGO, 19:32:36 WE'RE NEIGHBORS AND WE'VE'S GOTTEN ALONG AND HE SAID 19:32:39 HE WANTED TO PROVIDE OFFSTREET PARKING FOR 19:32:42 HIS PROJECT BUT THE CITY WOULDN'T ALLOW IT BECAUSE OF THE GENERAL PLAN 19:32:46 . THAT'S UNDERSTOOD. BUT I THINK THIS IS A 19:32:49 SHORT SIGHTED MISTAKE SO I SUPPORT MUSH 19:32:53 'S RIGHT TO BUILD ON HIS PROPERTY BUT I CAN'T 19:32:56 APPROVE IT UNLESS THE PROJECT INCLUDES OFF 19:32:59 OFF-STREET PARKING. SO THAT, TO 19:33:02 ME, IS THE BIG ISSUE. AND 19:33:06 BECAUSE OF THE GENERAL PLAN I THINK THE GENERAL PLAN NEEDS TO BE 19:33:09 MODIFIED TO ALLOW OFF-STREET PARKING SO 19:33:12 THAT THAT PARKING SITUATION DOESN'T 19:33:15 BALLOON INTO SOMETHING EVEN WORSE. 19:33:18 >> Commissioner Daulton: THANK YOU SIR. >> ALSO CAN 19:33:21 I SAY -- >> Commissioner Daulton: TIME IS UP SIR 19:33:24 HANG ON. >> OKAY FINE. >> Commissioner Daulton: I 19:33:27 APPRECIATE IT. SO I'D LIKE TO 19:33:31 GIVE COUPLE MINUTES TO THE APPLICANT, IF THEY 19:33:34 HAVE ANY REBUTTAL ON THIS PUBLIC COMMENT. 19:33:39 IF THEY CARE TO TAKE IT. 19:33:44 >> Planner Pullen: THE TIME IS FIVE MINUTES TRISH, JUST FOR CONSISTENT 19:33:47 CY. >> Commissioner Daulton: FIVE MINUTES, YES 19:33:51 . >> NO, WE DON'T HAVE 19:33:54 THEY REBUTTAL TO HIS COMMENTS. I MEAN ONE THING 19:33:57 EXACTLY WHAT HE IS SAYING IS RIGHT ABOUT THE PARKING LOT 19:34:00 . THAT IT'S EMPTY MOST OF THE TIME. 19:34:03 BUT LOT OF PEOPLE ARE HESITANT TO PARK THERE. 19:34:07 THE WHOLE PARKING LOT WHICH HAVE OVER 40 19:34:10 , 42 PARKINGS ARE MAJORITY OF 19:34:13 TIME EMPTY. BECAUSE I DON'T KNOW IF BECAUSE 19:34:16 PEOPLE DON'T WANT TO PARK THERE, BECAUSE WHAT HE JUST SAID 19:34:20 , OR WHAT, IF THERE'S ANY OTHER REASON 19:34:23 BUT MOSTLY, I MEAN IF THAT PARKING LOT IS AVAILABLE 19:34:28 , IF IT IS AVAILABLE AND 19:34:31 PEOPLE START PARKING THERE I DON'T SEE ANY PROBLEM FOR THE PARKING IN 19:34:34 THAT AREA. 19:34:38 >> Commissioner Daulton: OKAY, THANK YOU SO MUCH. DO WE 19:34:41 HAVE ANY FURTHER CLARIFYING QUESTIONS FROM THE COMMISSION 19:34:45 ? IF NOT, I'M GOING TO GO AHEAD AND 19:34:48 CLOSE THE PUBLIC HEARING 19:34:52 FOR THIS ITEM. 19:34:56 AND ASK THE COMMISSIONERS IF THEY HAVE 19:34:59 ANY COMMENTS OR DELIBERATIONS. 19:35:05 ANYONE? COMMISSIONER YEE 19:35:09 . >> Commissioner Yee: OKAY, THIS TIME I'M UN 19:35:12 MUTED SO NOW I'M SURE THAT YOU CAN HEAR ME. YEAH, 19:35:15 I -- AS YOU HAIRED ME EARLIER DURING DISCLOSURE 19:35:19 S I WENT OUT THERE SEVERAL TIMES. AT DIFFERENT HOURS 19:35:22 OF THE MORNING AND INTO THE AFTERNOON, TO 19:35:25 SEE, YOU KNOW, THE SITUATION FOR THE PARKING. BECAUSE 19:35:28 CERTAINLY PARKING THERE 19:35:31 IS DEFINITELY ONE OF THE BIGGEST PROBLEMS. 19:35:34 I SPOKE WITH THE BUSINESS OWNERS THAT WOULD BE DIRECT 19:35:38 LY AFFECTED, THREE OF THE BUSINESS OWNERS AND 19:35:41 AND, YOU KNOW, AND ALSO SPOKE WITH THE PUBLIC 19:35:44 SPEAKER, YOU KNOW, IT'S DEFINITELY A CONCERN FOR HIS PATIENTS 19:35:47 THAT HAVE TO WALK. AND SO IT WAS JUST INTERESTING 19:35:50 THAT I ENDED UP SPEAKING WITH THE 19:35:54 BEAUTY SALON OWNER THAT IS ADJACENT TO 19:35:57 THIS PROPERTY AND JUST HAPPENED THAT ONE OF HER CLIENTS 19:36:00 WAS IN THERE AND I ASKED THE QUESTION, WELL, 19:36:03 HOW FAR AWAY DID YOU HAVE TO PARK? AND THE ANSWER 19:36:07 WAS ABOUT, MORE THAN TWO BLOCKS AWAY. SO I 19:36:10 GUESS ONE OF THE CONCERNS I HAVE IS THAT, WITH 19:36:13 A PROJECT LIKE THIS, WITH ADDITIONAL VEHICLES 19:36:16 , THAT ARE GOING TO BE PARKED INTO THE AREA, HOW 19:36:19 'S THAT GOING TO IMPACT THE BUSINESSES THAT ARE IN THE 19:36:22 AREA? BECAUSE IT'S ALREADY IMPACTED PARKING 19:36:25 SITUATION THAT'S THERE NOW. AND THEN THE OTHER THING TOO FOR 19:36:29 ME, AS I WAS TRYING TO WALK ACROSS THE 19:36:32 STREET I WANTED TO MAKE SURE TO GET THERE TO SEE WHAT IT WAS 19:36:35 LIKE DURING PICKUP. 19:36:38 I BELIEVE THERE WAS A DAYCARE THAT'S DOWN THE STREET. 19:36:41 AND I KIND OF HAD TO KIND OF LIKE DODGE 19:36:44 CARS IN ORDER TO TRY TO GET ACROSS THE 19:36:47 STREET WITHOUT GETTING RUN OVER. BECAUSE THOSE PARENTS 19:36:50 , JUST LIKE PARENTS IN OTHER SCHOOLS, HAVE A TENDENCY 19:36:54 TO DRIVE FASTER THAN THEY SHOULD. SO I HAVE SOME 19:36:57 CONCERNS ABOUT HAVING ADDITIONAL VEHICLES THAT ARE GOING TO BE 19:37:01 PARKED ALONG AND AROUND THAT AREA WITH 19:37:04 THESE VEHICLES THAT ARE COMING THROUGH 19:37:07 DAILY FOR PICKUP FOR THE CHILDREN, BUT AT THE SAME TIME 19:37:11 , I'M ALSO CONCERNED FOR THE BUSINESSES IN THE AREA THAT ARE 19:37:14 GOING TO BE DIRECTLY IMPACTED THAT THEIR PATIENTS OR 19:37:17 THEIR CLIENTS WILL HAVE TO PARK EVEN FURTHER. 19:37:20 BECAUSE I KNOW THERE WAS A DISCUSSION ABOUT THAT PARKING LOT. 19:37:23 BUT I'M SURE THAT IF YOU WENT OUT THERE YOU WOULD SEE THAT 19:37:27 THE RVS ARE THERE, THE HOMELESS ENCAMPMENT 19:37:30 IS THERE, I CAN UNDERSTAND PEOPLE WON'T PARK THERE 19:37:33 BECAUSE CONCERN FOR THEIR OWN SAFETY AS WELL AS THEIR OWN VEHICLE SAFETY 19:37:36 AS WELL. BECAUSE IT'S PARKED, IF THEY HAD TO PARK 19:37:39 THEIR CARS OVER THERE THEN THEY WOULDN'T BE ABLE TO SEE IF SOMETHING DID HAPPEN 19:37:42 TO THE CARS. SO I JUST -- THAT'S WHAT I 19:37:45 WANTED TO JUST SAY. >> Commissioner Daulton: OKAY, 19:37:48 THANK YOU. COMMISSIONER LIU YOUR COMMENTS 19:37:49 . >> Commissioner Liu: THANK YOU. 19:37:52 SO I HAVE A QUESTION FOR THE STAFF. 19:37:56 SO ASSUMING 19:38:01 THE STAFF CAN SOLVE THE 19:38:04 SAFETY OF THE POTENTIAL PARKING AT THE 40 19:38:07 -SLOT PARKINGS SITE, 19:38:11 AT WHAT POINT IF THERE ARE OTHER HOMEOWNERS WHO ALSO 19:38:14 WANT TO CONVERT THEIR HOME SITES INTO HIGH 19:38:17 DENSITY HOUSING, AND DO WE STOP APPROVING 19:38:21 THOSE APPLICATIONS, IF WE REACH 19:38:24 OUR CAPACITY OF 19:38:28 40 AND REQUIRE FUTURE PROJECTS TO HAVE 19:38:31 SOME KIND OF PARKING SOLUTION 19:38:34 ? 19:38:40 AND WHEN DO WE STOP? >> SO THE INTENTION OF THE 19:38:43 BAY STREET PARKING DISTRICT WHEN IT WAS ESTABLISHED IN 2004 19:38:46 WAS TO ALLOW FOR DENSITIES 19:38:50 AND TYPES THAT FLEKSD THE PARKING THAT 19:38:53 WAS DEVELOPED UNDER THAT PLAN. SO THE PLAN FORE 19:38:56 SAW THE CREATION OF THE. 40 SPACES IN THE 19:38:59 PUBLIC BAY STREET PARKING LOT AND IT ALSO FORESAW 19:39:03 THE CREATION OF STREET PARKING CREATED BY THE LACK 19:39:07 OF CURB CUTS THAT WOULD BE ALONG BAY STREET 19:39:10 WHEN THESE PROJECTS WERE APPROVED WITHOUT 19:39:13 ANY ONSITE PARKING. AND SO NOT ALL LOTS 19:39:16 IN THE BAY STREET PLANNED DISTRICT HAVE 19:39:20 A PROHIBITION OF ONSITE PARK. IT'S MOST 19:39:23 LY LIMITED TO THESE LOTS ON THE SOUTH SIDE OF BAY STREET 19:39:26 THAT ARE SMALLER SINGLE FAMILY RESIDENTIAL LOTS WHERE 19:39:29 IT WOULD BE VERY DIFFICULT TO REDEVELOP THEM WITH PARK 19:39:33 ING FACILITIES. AND SO THE PLANNED 19:39:36 DISTRICT INTENDED THAT AT ITS FULL BUILDOUT WITH ALL 19:39:39 EVER THESE LOTS CONVERTED THERE 19:39:42 WOULD BE SUFFICIENT PARKING PROVIDED WITHIN THE PLANNED DISTRICT 19:39:46 AREA. JUST GIVEN THE BALANCE OF USES AND THE ADDITION OF THE PUBLIC 19:39:49 PARKING LOT AND THE ONSTREET PARKING 19:39:54 . >> Commissioner Liu: OKAY, THANK YOU 19:39:58 . >> Planner Pullen: I CAN WEIGH IN ON THE PARKING A LITTLE MORE. 19:40:01 YOU KNOW, THERE IS SOMETIMES A TENDENCY TO COUNT ALL OF 19:40:04 THEM AT MAX CAPACITY. AND YOU KNOW 19:40:07 , IN ADDITION TO WHAT COURTNEY SAID ABOUT YOU 19:40:10 KNOW THESE PROPERTIES THEY'RE NARROW, YOU COULDN'T FIT A PARK 19:40:14 PARKING MODULE VERY WELL ON THEM IF THEY WERE TO 19:40:17 DEVELOP INDIVIDUALLY LIKE IT'S VERY COMMON FOR THEM TO GO UP 19:40:21 . THERE IS SORT OF 19:40:25 A PHILOSOPHICAL OKTOBERFEST 19:40:31 OBJECTIVE HERE OF PROVIDING MORE PARK AVAILABLE AND AVAILABLE 19:40:35 TO EVERYBODY PARKING. SO WHEN I LEAVE MY GARAGE 19:40:38 IN THE MORNING I REMOVE MY CAR AND THAT PLACE 19:40:41 STAYS EMPTY ALL DAY UNTIL I COME HOME IF I'M GONE 19:40:45 FROM MY HOUSE. BUT IF I TRADE THAT SPACE FOR A 19:40:48 STREET SPACE THEN I LEAVE AND SOMEONE ELSE COMES AND PROVIDES 19:40:51 A SERVICE OR COMES TO ANOTHER BUSINESS AND THAT PARK 19:40:54 ING CHANGES OVER TIME. 19:40:58 19:41:01 AND PARKING SPACES ARE GENERALLY MORE THOROUGHLY 19:41:04 OR CONSISTENTLY USED WHEN THEY ARE SHARED IN THAT WAY SO 19:41:07 THERE IS A MULTIPLIER WHEN THEY'RE SHARED 19:41:11 LIKE THAT, THAT IS INTENDED OF THIS PLANNED DISTRICT FOR A 19:41:13 VARIETY OF REASONS. >> Commissioner Daulton: THANK 19:41:16 YOU JOEL. COMMISSIONER YEE, ANOTHER QUESTION, 19:41:19 COMMENT? 19:41:28 YOU'RE STILL MUTED. >> Commissioner Yee: WE ALSO 19:41:31 HAVE TO TAKE INTO CONSIDERATION YOU KNOW WHEN WE LOOK 19:41:34 AT THE MAXIMUM SPACES AVAILABLE, WE ALSO, LET'S NOT 19:41:37 FORGET, YOU KNOW, THERE'S THE IRVINGTON FARMERS MARKET 19:41:40 . YOU KNOW, AND WHEN THAT HAPPENS, YOU KNOW, SPACES ARE 19:41:44 ALL TAKEN AS WELL. AND I'M JUST 19:41:47 -- I HAVE A CONCERN ABOUT HAVING THESE 19:41:51 SIX CONDOS WITH ADDITIONAL 19:41:54 VEHICLES THAT ARE GOING TO BE NEED 19:41:57 ED TO FIND PARKING ESPECIALLY IF 19:42:00 ON THE WEEKENDS AS WELL, BECAUSE OF THE IRVINGTON 19:42:04 MARKET, LET ALONE JUST EVEN WHAT I 19:42:07 SAW DURING THE WEEK, WHERE THESE BUSINESSES ARE TRYING TO 19:42:11 HAVE THEIR CLIENTS COME IN AND IT WAS REALLY DIFFICULT FOR 19:42:14 ME TO FIND PARKING. I HAD TO PARK A 19:42:17 BLOCK OR TWO AWAY IN ORDER TO 19:42:20 GET IN, TO TALK TO THE BUSINESS OWNERS. 19:42:25 >> Commissioner Daulton: OKAY. THANK YOU, COMMISSIONER YEE. 19:42:28 I HAVE A FEW COMMENTS ON THIS PROJECT. 19:42:31 AGAIN I'D LIKE TO THANK COURTNEY FOR HER PRESENTATION 19:42:35 . THIS DEVELOPMENT DOES 19:42:39 FALL WITHIN THE TOD OF THE 19:42:43 PLANNED BART STATION. AS YOU GUYS NOTED 19:42:47 , IT'S EMINENTLY WALKABLE 19:42:50 TO THE BART STATION. YOU CAN WALK TO THE SAFEWAY, 19:42:53 IT'S LIKE FIVE MINUTES FROM THERE. THERE'S ALL KINDS OF BUSINESSES 19:42:56 IN THAT NEIGHBORHOOD. WE'RE TALKING ABOUT A T 19:42:59 OD WHICH HOPEFULLY SOME DAY WILL 19:43:04 BE PEDESTRIAN-FRIENDLY ENVIRONMENT, 19:43:08 WITH THE POSSIBILITY THAT 19:43:11 SOMEONE MIGHT LIVE IN A PLACE LIKE THIS 19:43:14 CONDOMINIUMS, WITHOUT EVEN OWNING A CAR OR 19:43:17 MAYBE WITH ONE CAR INSTEAD OF TWO. THIS IS 19:43:21 THE STRATEGIC URBANIZATION 19:43:24 THAT WE, I THOUGHT, HAD ALL SIGNED ON HERE 19:43:28 . SO I 19:43:31 UNDERSTAND THAT PEOPLE ARE AFRAID 19:43:34 OF THE HOMELESS. I'M SORRY, FEAR OF THE HOMELESS 19:43:37 CANNOT STOP DEVELOPMENT OF 19:43:41 A PROPER TOD HERE AND THE ALLOWANCE 19:43:45 FOR RESIDENTS IN FREMONT TO HAVE THE OPTION TO 19:43:48 NOT HAVE A CAR, AND TO LIVE AND 19:43:52 WORK WITH A ROBUST TRANSIT SYSTEM 19:43:58 AVAILABLE TO THEM WITHIN THE TOD. I APPLAUD 19:44:02 THIS PROJECT. I APPLAUD THE BAY STREET PLANNED DISTRICT. 19:44:05 I THINK IT'S A GREAT 19:44:08 ELEMENT OF THE IRVINGTON PLAN 19:44:12 . AND I HOPE THAT MY 19:44:15 FELLOW COMMISSIONERS WILL GIVE THIS A SHOT. 19:44:18 I MEAN, I'D LIKE TO 19:44:21 LIMIT PARKING THROUGHOUT THE TOD MYSELF BECAUSE 19:44:24 I DON'T SEE ANY OTHER WAY TO GET THE DENSITY THAT WE 19:44:28 NEED IN FREMONT, 19:44:32 WITHOUT STARTING TO BUILD 19:44:35 , YOU KNOW, IN THE HILLS OR PLACES WHERE WE DON'T WANT TO BUILD 19:44:39 . I THINK THAT 19:44:42 SEVERAL, I MEAN AT LEAST TWO OF THE OTHER COMMISSIONERS WERE ON 19:44:46 THE COMMISSION WHEN WE APPROVED 19:44:49 THE IRVINGTON SITE PLAN OF WHICH BAY STREET 19:44:53 PLANNED DISTRICT WAS A PART. SO YOUR VOTES AT THAT TIME 19:44:56 WERE FAVORABLE TO THIS PROJECT 19:45:00 . SO I WOULD REQUEST 19:45:04 OR PLEAD WITH MY FELLOW COMMISSIONERS 19:45:08 TO VOTE YES ON THIS PROJECT. 19:45:11 AND ALLOW FOR A ROBUST PID 19:45:14 PEDESTRIAN 19:45:17 ENVIRONMENT TO SPRING FORTH IN IRVINGTON. ANY OTHER COMMISSIONER 19:45:21 S, COMMISSIONER STECKLER YOU HAVE COMMENTS 19:45:25 ? >> Commissioner Steckler: THANK YOU, CHAIR 19:45:28 . I THINK THE PROJECT'S A GOOD PROJECT. 19:45:31 I'LL VOTE FOR IT. BUT THE TRAFFIC ISSUE 19:45:34 IS REAL. AND WHAT'S GOING TO HAPPEN, I MEAN 19:45:38 THE DYNAMICS THAT GO ON BECAUSE WE HAD TO DEAL WITH 19:45:42 IT FOR 36 YEARS I WAS HERE 19:45:46 . THE PEOPLE THAT LIVE IN THOSE 19:45:50 UNITS ARE GOING TO PARK AS CLOSE 19:45:53 TO THEIR UNIT AS THEY CAN. THAT MIGHT 19:45:57 BE RIGHT OUT FRONT IF THERE'S SPACE AVAILABLE OR HOWEVER FAR 19:46:00 . BUT THEY'RE GOING TO PARK AS CLOSE AS THEY CAN 19:46:03 TO THAT. SO WE'RE GOING TO ADD SIX TO 12 MORE CARS 19:46:06 EVERY DAY. AND 19:46:10 AS COMMISSIONER YEE POINTED OUT 19:46:13 , WE HAVE THE FARMERS MARKET 19:46:16 ON SUNDAYS. WE ALSO HAVE THE IRVINGTON 19:46:19 MOSQUE WHERE EVERY FRIDAY THE PARKING IS JAMMED THROUGHOUT THAT WHOLE AREA 19:46:22 FOR THE AFTERNOON. BECAUSE, YOU KNOW, THE PEOPLE 19:46:25 ARE GOING IN FOR THEIR PRAYERS. SO THAT'S 19:46:29 TWO DAYS A WEEK THAT PARKING IS GOING TO BE AT A 19:46:32 PREMIUM. 19:46:37 SO I KNOW THE DYNAMICS OF PARKING. 19:46:40 THEY'RE GOING TO PARK AS CLOSE AS THEY CAN. 19:46:43 IF THERE'S AN OPEN PLACE ON THE 19:46:46 STREET BOOM THAT'S WHERE THEY'RE GOING TO PARK 19:46:49 THEIR CAR. SO SOMEBODY IS GOING 19:46:52 TO GET DISPLACED, THE PEOPLE WHO 19:46:56 BOUGHT THESE CONDOS OR THE BUSINESSES IN THE AREA ARE 19:46:59 GOING TO GET DISPLACED, THAT IS 19:47:02 GOING TO BE THE PROBLEM. WE ARE GOING 19:47:05 TO GET THE PROBLEM I SAY WE, THE POLICE DEPARTMENT IS GOING 19:47:08 TO GET THE PROBLEM, AND WHAT ARE THEY GOING TO DO THEY 19:47:12 ARE GOING TO REQUEST PERMIT PARKING AND RESTRICT 19:47:14 ED PARKING. ALL THAT STUFF. I DON'T HAVE TO DEAL WITH IT. 19:47:18 I DEALT WITH IT BEFORE. THAT IS NOW SEAN'S PROBLEM BUT 19:47:20 IN MY VIEW THAT'S GOING TO BE AN ISSUE. 19:47:23 I THINK THE PROJECT'S GOOD. I THINK THE INTENT 19:47:26 OF THE DEVELOPER IS 19:47:29 MARVELOUS. YOU KNOW, WE DID SOMETHING 19:47:32 SIMILAR FOR CENTERVILLE 19:47:36 PRESBYTERIAN WHEN WE APPROVED SOME HOUSING OVER 19:47:39 ON -- BY THE CEMETERY 19:47:43 IN CENTERVILLE, IT WAS RESTRICTED OR SET ASIDE FOR 19:47:45 PEOPLE THAT WORKED AT THE CHURCH. 19:47:48 SO I THINK IT'S A MARVELOUS PROJECT, 19:47:51 JUT CONCERNED ABOUT THE PARKING. THANK YOU FOR ALLOWING ME TO 19:47:54 SPEAK. >> Commissioner Daulton: THANK YOU, COMMISSIONER STECKLER 19:47:58 . BEN I SEE YOU HAVE YOUR HAND UP AGAIN. 19:48:00 GO AHEAD. >> Commissioner Yee: THIS IS 19:48:03 ACTUALLY A QUESTION MORE FOR STAFF. I KNOW THAT THERE'S 19:48:06 THE AFFORDABLE APARTMENTS 19:48:09 ACROSS THE STREET. I KNOW THEY'RE SUPPOSED TO HAVE 19:48:12 THEIR OWN PARKING LOT. I WAS TOLD THAT THEY SHOULD BE ABLE TO UTILIZE THE PARK 19:48:16 ING SPACES THAT THEY HAVE ONSITE THERE 19:48:20 BUT UNFORTUNATELY IT SOUNDS LIKE MANY OF THE PEOPLE THAT 19:48:23 LIVE NEAR BAY STREET PARK ALONG BAY 19:48:26 STREET RATHER THAN PARKING IN THEIR PARKING LOT. COULD YOU -- 19:48:29 ANY OF YOU FROM STAFF ELABORATE ON THAT 19:48:34 ? 19:48:37 >> I THINK 19:48:41 JOEL IS ON MUTE. >> Planner Pullen: SOMEBODY MUTE 19:48:44 ED ME ON SCREEN. I USED MY PHONE TO MUTE 19:48:47 AND I THINK SOMEBODY WAS TRYING TO DO ME A FAVOR. 19:48:50 SO I CAN'T -- I DON'T KNOW THE SPECIFICS OF THE 19:48:53 FOLKS IN THE ADJACENT RESIDENTIAL. THERE ARE SEVERAL 19:48:56 DEVELOPMENTS FURTHER DOWN BAY STREET AND THERE'S 19:49:00 ONE THAT'S KIND OF AT AN ANGLE ON BAY STREET THERE 19:49:03 . I DON'T KNOW THE SPECIFICS OF THAT BUT YOU KNOW THE POINT 19:49:06 CAME UP EARLIER COMMISSIONER STECKLER MADE, PEOPLE 19:49:10 WILL PARK WHERE IT'S MOST CONVENIENT FOR THEM TO PARK AND 19:49:13 THAT'S TRUE OF ALL USERS, RIGHT? YOU KNOW, IF YOU CAN PARK 19:49:16 IN FRONT OF YOUR HOUSE, YOU WILL AND IF YOU CAN PARK IN 19:49:19 FRONT OF THE BUSINESS YOU'RE GOING TO, YOU WILL. 19:49:22 AND THAT RESULTS IN 19:49:25 CHOICES MADE THAT LONG TERM 19:49:30 SUPPORT MODE OPTIONS ARE ESSENTIAL TO A 19:49:33 THRIVING URBAN AREA. SO IF THAT BASED 19:49:36 ON THE STREET MOVES UP, THE PEOPLE PARKING ON THE 19:49:39 STREET THERE WILL MAKE IT LESS CONVENIENT AND 19:49:42 MAKE SET OF THEIR ONSITE SPACES THAT ARE SET 19:49:45 ASIDE FOR THEIR USE AND IT'S A DANCE. 19:49:48 WE TRY TO -- IF WE BUILD THE MAXIMUM AMOUNT OF PARK 19:49:51 ING FOR EVERYBODY, EVERYBODY WILL MAKE 19:49:54 IT MORE CONVENIENT TO USE 19:49:57 CARS MORE OF THE TIME. TRYING 19:50:00 TO PUSH THAT ENVELOPE TAKE US TO THAT STRATEGICALLY URBAN 19:50:04 MODEL, AND IT'S A GOAL FOR 19:50:07 THE CITY TO ACCOMPLISH THAT 19:50:11 . 19:50:13 >> Commissioner Yee: THANK YOU. 19:50:16 >> Commissioner Daulton: I WOULD ADD ALSO THAT IF WE 19:50:19 EVER EXPECT PEOPLE TO 19:50:23 CONSIDER ALTERNATIVES 19:50:26 TO THE AUTO 19:50:30 CENTRIC CULTURE THAT IS MESSING 19:50:33 UP OUR TOWN AND MESSING UP THE WORLD 19:50:36 , WE HAVE TO GIVE THEM OPPORTUNITIES TO DO THAT. 19:50:39 THIS IS TINIEST SLICE OF OPPORTUNITY, SIX 19:50:42 CONDOMINIUMS. I THINK 19:50:45 IT'S DEFINITELY WORTH TAKING THIS CHANCE HERE 19:50:48 . YOU MAY HAVE TO WALK TWO BLOCKS TO THE HAIRSTYLE 19:50:52 IST, I KNOW. YOU MAY HAVE TO TAKE AN 19:50:54 UBER TO THE CHIROPRACTOR. I UNDERSTAND. 19:50:57 THIS IS THE NATURE OF 19:51:01 AN URBAN SETTING, WHICH THERE'S JUST NO QUESTION 19:51:04 , IRVINGTON, AT FIVE CORNERS, IS 19:51:07 GOING TO BECOME AN URBAN SETTING. SO I HOPE 19:51:10 THE COMMISSION WILL JOIN ME IN APPROVING THIS PROJECT 19:51:13 . SO WITH THAT BEING SAID, AND IF THERE ARE NO 19:51:18 FURTHER COMMENTS, I'D LIKE TO CALL FOR A MOTION FROM THE COMMISSIONER 19:51:21 S. 19:51:25 >> Commissioner Steckler: I'LL MAKE A MOTION TO ACCEPT STAFF 19:51:27 RECOMMENDATION. >> Commissioner Daulton: CAN I 19:51:30 GET A SECOND? I WILL 19:51:33 SECOND THAT MOTION. 19:51:40 SO WE HAVE A MOTION AND SECOND. JOEL WILL YOU CALL THE VOTE ON 19:51:43 THIS. >> Planner Pullen: YES, 19:51:47 CHAIR. ON A MOTION BY COMMISSIONER STECKLER 19:51:50 , SECOND BY CHAIR DAULTON 19:51:54 , PLEASE VOTE WHEN I 19:51:58 CALL YOUR NAME TO APPROVE STAFF RECOMMENDATION 19:52:01 . PLEASE 19:52:05 ANSWER WHEN I CALL YOUR NAME. A LIST OF YOUR NAME. 19:52:08 CHAIR DAULTON. AYE. 19:52:12 VICE CHAIR RAO IS ABSENT. COMMISSIONER YEE 19:52:15 . NO. 19:52:17 COMMISSIONER STECKLER. AYE. 19:52:23 COMMISSIONER LIU. YES. 19:52:28 AND COMMISSIONER ZHANG. YES. 19:52:33 OKAY MY CALCULATION IS THAT WE HAVE FOUR AYE AND 19:52:36 ONE NO. ONE ABSENT. AND ONE VACANCY. 19:52:40 THE PROJECT HAS BEEN PROVED 19:52:43 APPROVED AND THE 19:52:47 PLANNING COMMISSION ACTION ON THIS ITEM IS FINAL UNLESS 19:52:53 APPEALED IN THE NEXT TEN CALENDAR DAYS 19:52:56 . NEXT ON THE AGENDA. >> Commissioner Daulton: NEXT 19:53:00 IS THE FIRST ELEMENT FUEL HYDROGEN DISPENSE 19:53:03 ERS. JOEL WOULD YOU INTRODUCE THE ITEM AND THE STAFF 19:53:06 PRESENTATION. >> Planner Pullen: YES, CHAIR. TONIGHT WE HAVE 19:53:10 FIRST ELEMENT FUEL HYDROGEN DISPENSE 19:53:13 ERS AS AN ITEM, 19:53:16 47700 WARM SPRINGS 19:53:21 BOULEVARD - (PLN2021-00356) - TO PERMIT AMENDMENT AND 19:53:23 DISCRETIONARY DESIGN REVIEW TO INSTALL TWO HYDROGEN DISPENSERS AND AN ABOVE GROUND CRYOGENIC 19:53:26 HYDROGEN TANK WITH NECESSARY SUPPORTING EQUIPMENT TO AN EXISTING GAS STATION AT 47700 19:53:28 WARM SPRINGS BOULEVARD IN THE WARM SPRINGS COMMUNITY PLAN 19:53:32 AREA, AND TO CONSIDER A FINDING 19:53:36 EVER EXEMPTION FROM 19:53:40 CEQA FROM 17183 19:53:44 , PROJECTS CONSISTENT WITH A GENERAL PLAN COMMUNITY 19:53:47 PLAN OR ZONING. JAMES WILLIS HAS A 19:53:50 PRESENTATION FOR THE COMMISSION SHOULD THE COMMISSION WANT TO HEAR 19:53:53 THAT PRESENTATION, AFTER WHICH 19:53:57 APPLICANT TEN MINUTES, FOLLOWED BY SPEAKERS AND THEN THE 19:54:00 APPLICANT REBUTTAL ASSIGNMENTS. BACK TO YOU 19:54:03 CHAIR OR TO -- IF YOU WOULD LIKE JAMES TO GIVE 19:54:06 THE PRESENTATION. >> Commissioner Daulton: 19:54:09 PLEASE PROCEED. 19:54:15 >> SORRY, HANG ON ONE 19:54:17 -- >> Commissioner Daulton: NO WORRIES. 19:54:34 >> Planner Pullen: AND CHAIR, THE PLANNER IS 19:54:37 AVAILABLE, IT'S A FAIRLY SHORT PRESENTATION, JUST A SITE 19:54:40 PLAN TO WALK YOU THROUGH IT. 19:54:43 IT'S AN EXISTING GAS STATION DOWN THE 19:54:47 GALLERIA 19:54:53 JAIFT WARM SPRINGS SO IF JAMES CAN PULL UP THAT 19:54:57 SITE PLAN WE CAN WALK YOU THROUGH WHAT'S HAPPENING ON THE SITE 19:55:01 AND THEN THE APPLICANT ALSO PROBABLY HAS MORE INFORMATION FOR YOU 19:55:03 . >> Commissioner Daulton: OKAY THANK YOU JOEL. 19:55:10 >> GOOD EVENING, COMMISSIONERS. THE PROJECT TONIGHT IS 19:55:13 TO ADD HYDROGEN FUELING DISPENSE 19:55:16 ERS AT AN EXISTING GAS STATION AT THE CORNL 19:55:19 ER OF WARM SPRINGS BOULEVARD 19:55:23 AND GABLE DRIVE IN THE 19:55:24 WARM SPRINGS DISTRICT OF FREMONT. 19:55:27 WHAT'S ON THE SCREEN NOW IS A SITE PLAN OF THE SITE. 19:55:31 THE HYDROGEN 19:55:35 WOULD BE STORED IN TANKS IN AN ENCLOSURE LOCATED 19:55:36 AT THE SOUTHERN END OF THE PROPERTY. 19:55:39 AND THE HYDROGEN DISPENSARIES 19:55:44 HIDE 19:55:48 YEN DISPENSERS WOULD BE LOCATED IN THE AREA 19:55:52 EVER DISPENSERS, THE PROJECT 19:55:55 WOULD 19:55:58 RELOCATE AND ADD WALLS AND LANDSCAPING TO HELP SCREEN 19:56:01 THE EQUIPMENT FROM WARM SPRINGS BOULEVARD 19:56:04 . ALSO PART OF THE PROJECT THE APPLICANT WOULD BE RESTORING 19:56:07 ALL LANDSCAPING AT THE SITE INCLUDING AREAS THAT ARE 19:56:11 SUPPOSED TO BE LANDSCAPED BUT THE LANDSCAPING 19:56:14 HAS NOT BEEN MAINTAINED PROPERLY. 19:56:19 SO IF THE COMMISSIONERS HAVE ANY QUESTIONS I'M AVAILABLE TO ANSWER 19:56:22 THEM, AS IS OUR CITY FIRE MARSHAL 19:56:28 JAY 19:56:31 SWARDENSKI AND THE APPLICANT HAS A 19:56:34 PRESENTATION TO MAKE. >> Commissioner Daulton: DO WE 19:56:37 HAVE ANY CLARIFYING QUESTIONS FROM THE COMMISSIONERS OR STAFF? I 19:56:42 GUESS COMMISSIONER YEE PLEASE. 19:56:46 >> Commissioner Yee: YEAH, YOU KNOW, 19:56:49 I'VE ACTUALLY SEEN THIS GAS STATION WHEN IT WAS 19:56:52 FIRST BUILT ALL THOSE YEARS AGO. I'VE BEEN HERE A LONG 19:56:55 TIME. BUT I'M JUST WONDERING IN TERMS 19:56:58 OF THE HYDROGEN TANK, THE AMOUNT OF 19:57:02 HYDROGEN BEING STORED, IF THEY WERE TO 19:57:06 SOMEHOW, WEREN'T CONTAINED, THE 19:57:09 EXPLOSIVE FORCE, HOW WOULD THAT COMPARE TO THE GAS TANKS THAT ARE 19:57:12 THERE CURRENTLY RIGHT NOW? 19:57:15 >> I DON'T BELIEVE THERE'S BEEN ANY ANALYSIS OF THE SAFETY OF 19:57:19 THE EXISTING GASOLINE TANKS WHICH ARE UNDERGROUND. WITH IT 19:57:23 HYDROGEN SYSTEM THERE ARE SIGNIFICANT SAFEGUARDS 19:57:27 TO PREVENT ANY KIND OF AN EXPLOSION 19:57:31 EXPLOSION. AN OFFSITE CONSEQUENCE ANALYSIS 19:57:34 WAS PREPARED FOR THIS PROJECT AND REVIEWED BY 19:57:37 OUR FIRE MAR 19:57:41 SHALL AND THE FREMONT FIRE DEPARTMENT 19:57:45 AND IT WAS FOUNDER THAT ANY POSSIBILITY OF EXPLOSION AT THE 19:57:48 CITE WAS EXTREMELY REMOTE IN THE I BELIEVE 19:57:51 MILLIONS TO ONE AS I RECALL. BUT I'D HAVE TO LOOK AT THE 19:57:54 REPORT AGAIN TO SEE EXACTLY WHAT IT WAS. BUT IT 19:57:57 WAS EXTREMELY REMOTE FOR ANYTHING THAT COULD HAPPEN AT THE SITE THAT WOULD 19:58:00 HAVE OFFSITE CONSEQUENCES DUE TO THE BUILT-IN 19:58:03 SAFETY FEATURES WHICH ARE ALL REQUIRED BY 19:58:07 CODE UNDER THE STATE FIRE AND BUILDING 19:58:10 CODES. >> Commissioner Yee: 19:58:13 YES, I SAW THAT. I'M JUST TRYING TO DETERMINE YOU 19:58:16 KNOW THE EXPLOSIVE FORCE 19:58:19 POTENTIAL OF THESE HYDROGEN TANKS RELATIVE 19:58:23 TO THE GAS TANKS THAT ARE THERE. I'M JUST GOING TO GUESS THAT THE 19:58:26 GAS TANKS HAVE A MUCH MORE EXPLOSIVE POTENTIAL 19:58:29 THAN THESE HYDROGEN TANKS 19:58:33 . JUST BY THE SHEER QUANTITY OF GASOLINE VERSUS THE 19:58:36 HYDROGEN TANKS 19:58:39 . >> Commissioner Daulton: ALL RIGHT 19:58:43 . 19:58:47 CHAIR WOULD LIKE TO RECOGNIZE COMMISSIONER ZHANG 19:58:50 . >> Commissioner Zhang: I JUST WANT TO KNOW, ANY CODE 19:58:55 OR REGULATION ABOUT 19:58:58 HOW FAR THIS TANK SHOULD BE 19:59:01 AWAY FROM RESIDENCE? >> THERE ARE CODE REQUIREMENTS 19:59:04 FOR DISTANCE BETWEEN BUILDINGS. AND 19:59:07 VENTILATION OPENINGS. THE TANKS, AS 19:59:10 DESIGNED, ARE FAR ENOUGH AWAY FROM THE 19:59:14 BUILDINGS ONSITE AND OFFSITE TO MEET CODE. THE NEAR 19:59:17 EST RESIDENCES ARE ACROSS GABLE DRIVE WHICH 19:59:20 MAKES THEM MUCH FURTHER AWAY THAN EVEN THE BUILDINGS ON THE 19:59:23 ADJACENT LOT AND THE EXISTING CONVENIENCE STORE 19:59:27 OF THE GAS STATION. 19:59:33 >> Commissioner Zhang: BUT NEXT TO THE SITE IS A DAYCARE 19:59:36 IF I RECALL CORRECTLY, AND NOT TOO FAR AWAY THERE IS 19:59:39 ALSO A CALL CALLER 19:59:42 WHICH IS AN EDUCATION SITE. 19:59:46 THERE ARE ALWAYS KIDS AROUND. IS THAT A CONCERN? 19:59:49 >> BASED ON THE OFFSITE CONSEQUENCE ANALYSIS IT WAS 19:59:53 NOT A SIGNIFICANT CONCERN. THERE ARE ENOUGH SAFEGUARDS 19:59:57 BUILT INTO THIS SYSTEM THAT WOULD PREVENT ANY OFF 20:00:00 SITE INCIDENTS. MOST OF THE POTENTIAL 20:00:03 ACCIDENTS RESULTING IN THIS WERE SIMILAR TO WHAT YOU WOULD 20:00:06 FIND AT A GAS STATION. SOMEONE DRIVING OFF WITH THE 20:00:09 NOZZLE STILL IN THEIR CAR, DAMAGING THE PUMP ITSELF 20:00:12 , THEY ALL HAVE SAFEGUARDS THAT WOULD PREVENT 20:00:15 THE LEAK FROM CONTINUING AS SOON AS 20:00:19 IT DETECT 20:00:22 ED THE PRESSURE LOSS. BUT 20:00:25 THERE IS NOTHING THAT IS LIKELY TO BE THAT WOULD CAUSE ANY 20:00:28 SIGNIFICANT FIRES OR RELEASES DUE TO THE BUILT-IN 20:00:31 SAFEGUARDS AND OUR FIRE MARSHAL COULD 20:00:34 PROBABLY SPEAK BETTER TO THAT THAN I COULD. 20:00:38 >> COMMISSIONERS, THIS IS JAY SWARDENSKI 20:00:41 . WE DID GET A CHANCE TO REVIEW AND TO ANSWER YOUR QUESTIONS 20:00:44 THERE ARE SET BACK REQUIREMENTS FOR HYDROGEN 20:00:47 SYSTEMS. ONE OF THE THINGS THAT IS ALWAYS A CHALLENGE 20:00:50 IS THOSE SETBACKS WHICH YOU'LL SEE 20:00:54 THE ENCLOSURE FOR THE TANK ITSELF AS WELL AS 20:00:57 A MASONRY WALL FROM THE PROPERTY LINE IT CUTS 20:01:02 THE 20:01:06 DISTANCE THAT WOULD BE IN THE ADJACENT BUSINESS. 20:01:09 WE TOOK A PRETTY DEEP DIVE INTO THE CODE COMPLIANCE ON THE 20:01:13 WHOLE SYSTEM. EVEN AS PART OF THE ENTITLEMENT 20:01:16 HERE THAT WE'RE REVIEWING. AND FOUND THAT THERE'S A 20:01:19 VERY HIGH DEGREE OF CONFIDENCE THAT IT'S 20:01:22 GOING TO BE 100% COMPLIANT INSTALLATION. WE 20:01:25 STILL GOT ANOTHER SHOT AT IT WITH THE TENANT GROUP AND 20:01:28 THE BUILDING PERMITS, WHICH WE WOULD ANTICIPATE 20:01:31 COMING FOLLOWING ON THE HEELS OF TONIGHT'S PRESENTATION. 20:01:37 >> AND THE -- >> I'M SORRY. 20:01:40 >> GO AHEAD. THE MASONRY 20:01:43 WALL THAT FIRE MARSHAL 20:01:48 SWARDENSKI IS REFERRING TO IS THE HEAVY BLACK LINE BEHIND 20:01:51 THE ENCLOSURE, THIS IS NEAREST BUILDING TO THE ENCLOSURE 20:01:54 WHICH IS ON THE ADJACENT LOT. THIS IS ON THE BACK SIDE OF THE 20:01:58 COMMERCIAL BUILDING. 20:02:01 >> Commissioner Zhang: I'M LESS CONCERNED ABOUT EXPLOSIVE, 20:02:05 MORE LIKE A GAS LEAKING. LIKE IF IT'S 20:02:08 SO CLOSE THAT IT'S A SLOW 20:02:11 LEAK MIKE CAUSE SOME ISSUES? 20:02:14 >> THE APPLICANT WOULD BE ABLE TO DESCRIBE THE NATURE 20:02:17 OF HYDROGEN BETTER THAN I COULD BUT HYDROGEN 20:02:21 IS LESS DENSE THAN NORMAL ATMOSPHERE. 20:02:24 ANY LEAK, SLOW LEAK OR ANYTHING WOULD BE DETECT 20:02:27 ED BY THE SAFETY SYSTEMS. BUT EVEN IF IT WERE TO 20:02:30 CONTINUE, IT WOULD BASICALLY BE GOING STRAIGHT UP AT A 20:02:34 HIGH RATE OF SPEED AND LEAVE THE ATMOSPHERE. IT 20:02:37 DOESN'T LINGER OR COLLECT ON THE GROUND BECAUSE OF 20:02:40 ITS DENSITY. IT'S MORE BUOYANT THAN AIR 20:02:43 SO IT GOES UP. I DOESN'T HANG AROUND 20:02:47 AT THE GROUND LEVEL. 20:02:49 >> Commissioner Zhang: THANK YOU. 20:02:52 >> Planner Pullen: I'D LIKE TO ADD IN ON WHAT SCWHRAIMS 20:02:55 JAMES OR JAY SAID 20:02:58 SAID, THIS IS SOMETHING WE EXPECT TO SEE MORE AN MORE 20:03:02 AROUND THE CITY OF FREMONT AND WE'RE SEEING AROUND THE WORLD. GAS STATIONS HAVE 20:03:05 BEEN TRADITIONAL ON 20:03:09 STREET CORNERS ACROSS FROM COMMERCIAL 20:03:12 , RESIDENTIAL USES ALL AROUND THE CITY OF FREMONT 20:03:15 . WE'VE SEEN IN PARTS OF THE COUNTRY AND OVERSEAS 20:03:19 WEIR SEEING ELECTRICAL CHARGING INFRASTRUCTURE, 20:03:23 REPLACING GAS STATIONS OR BEING ADDED TO GAS STATIONS. 20:03:25 WE HAVE A PROPOSAL FOR THAT IN TOWN. 20:03:29 WE HAVE AN EXISTING 20:03:32 HYDROGEN PORTION OF 20:03:35 A 20:03:38 PROGRAM AT GRIMMER ACROSS FROM IRVINGTON HIGH SCHOOL AND NEXT TO 20:03:42 A CHILDCARE FACILITY. SO THIS IS AN ESTABLISHED 20:03:45 TECHNOLOGY AND IS PART OF A RANGE OF ENERGY OPTIONS 20:03:48 THAT WE EXPECT TO BE VERY COMMON 20:03:52 TO THE BEING 20:03:58 BE ADDED TO AND DISPLACED 20:04:01 BY GASOLINE 20:04:06 FACILITIES. >> Commissioner Daulton: 20:04:09 OKAY CHAIR RECOGNIZES COMMISSIONER LIU. 20:04:12 >> Commissioner Liu: OKAY SO THE PROPANE GAS 20:04:15 TANK ON FORKLIFTS, THEY ALL HAVE A 20:04:17 SHELF LIFE. AFTER A CERTAIN NUMBER OF YEARS 20:04:21 THE PROPANE GAS STATION WOULD NOT REFUEL 20:04:25 THOSE PROPANE GAS TANKS 20:04:28 . AND DO WE HAVE A SIMILAR TYPE OF 20:04:33 LIFE EXPECTANCY 20:04:36 , 20:04:39 FOR HYDROGEN TANKS LIKE THESE? AND 20:04:42 HOW LONG ARE THEY GOOD FOR? >> THAT WOULD BE A 20:04:45 QUESTION MORE FOR APPLICANT, WOULD BE MORE FAMILIAR 20:04:49 WITH MATERIALS IN CONSTRUCTION. BUT IT'S IMPORTANT TO NOTE 20:04:52 THAT EVEN THE UNDERGROUND GASOLINE TANKS HAVE TO BE REPLACED 20:04:55 OCCASIONALLY. YOU'LL SOMETIMES SEE A GAS 20:04:58 STATION CLOSED FOR WEEKS WHILE THEY DIG UP THE TANKS AND REPLACE 20:05:01 THEM. SO ONGOING MAINTENANCE IS ACTUALLY PROBABLY 20:05:05 A LITTLE BITTEST 20:05:08 LITTLE BIT EASIER BECAUSE IT IS 20:05:11 AN ABOVE GROUND 20:05:17 FACILITY BUT I DO NOT KNOW. THAT 20:05:20 WOULD PROBABLY BE THE QUESTION FOR THE APPLICANT 20:05:24 . >> Commissioner Liu: THANK YOU. 20:05:27 >> Commissioner Daulton: CAN WE GET THE APPLICANT TO 20:05:29 GIVE A PRESENTATION? YOU HAVE TEN MINUTES TO DO SO. 20:05:35 >> HI, CAN YOU HEAR ME OKAY? >> Commissioner Daulton: YES. 20:05:39 >> PERFECT, GREAT. MY NAME IS STEVE 20:05:42 ELLIS, I'M THE MERK OF OUTREACH AND COMMUNICATION 20:05:45 WITH FIRST ELEMENT FUEL AND WE JUST HAVE A BRIEF OVER 20:05:48 VIEW OF THE STATION THEN I WILL -- AND OUR COMPANY AND I WILL 20:05:51 PASS THIS ON TO 20:05:58 LOGAN DILTS, CERTAINLY 20:06:01 WE HAVE OTHERS HERE TONIGHT THAT CAN ANSWER 20:06:05 QUESTIONS THAT MAY COME UP OR MAY HAVE ALREADY COME UP. 20:06:08 SO LET'S JUST START WITH THE NEXT SLIDE. 20:06:14 SO FIRST ELEMENT FUEL IS A CALIFORNIA BASED COMPANY, 20:06:17 WE WERE FIRST ESTABLISHED IN 20:06:21 2013 WITH A GOAL OF BRINGING ZERO EMISSION 20:06:24 ENERGY TO HYDROGEN FUEL CELL VEHICLES. 20:06:27 WE OPERATE STATIONS WITH THE CUSTOMER FIRST AND 20:06:31 FOREMOST ON OUR MIND. WE ARE ALSO 20:06:34 THE LARGEST COMPANY IN THE WORLD DEDICATED TO 20:06:37 SELLING RETAIL HYDROGEN. WE'VE BEEN 20:06:40 AWARDED WELL OVER $ 20:06:43 60 MILLION IN CALIFORNIA STATE 20:06:47 GRANTS BY NATURE OF THE POTENTIAL 20:06:51 FOR AN INCREASED 20:06:55 BUSINESS IN THE SPACE. OTHER PRIVATE FINANCING HAS 20:06:58 COME FROM TOYOTA, HONDA, MI 20:07:01 TSUI, 20:07:05 AIR LIQUID AND OTHER INVESTORS. WE HAVE 20:07:08 BUILT AS OF TODAY AND OPERATE TODAY 36 RETAIL 20:07:11 HYDROGEN STATIONS AND WE ARE ADDING IN THE NEAR 20:07:14 TERM, 17 ADDITIONAL AND OF COURSE LOOK FORWARD 20:07:18 TO FAR MORE BEYOND THAT 20:07:21 . AND THIS AGAIN IS MORE THAN ANY OTHER SINGLE COMPANY IN THE 20:07:25 WORLD. OUR STATIONS RANGE THROUGHOUT 20:07:30 CALIFORNIA FROM LOS ANGELES AND SAN FRANCISCO AND EVEN LAKE 20:07:33 TAHOE SO REALLY PROVIDING GREAT UTILITY FOR THE 20:07:36 DRIVERS OF FUEL CELL ELECTRIC CARS. WE 20:07:39 LAUNCHED THE TRUE ZERO BRAND, THAT'S OUR BRANDING 20:07:42 AT THE STATION LOCATIONS, AND NOW THAT IS 20:07:45 SYNONYMOUS WITH A GREAT SUPERIOR CUSTOMER 20:07:49 EXPERIENCE. THIS NETWORK REALLY LAID THE 20:07:52 GROUNDWORK FOR AUTO MAKERS TO BE ABLE 20:07:56 TO SELL FUEL CELL CARS IN THE CALIFORNIA MARKET 20:07:59 AND TODAY THERE IS OVER 13,000 ON 20:08:02 THE ROAD. WE'RE ALSO WORKING VERY 20:08:06 DILIGENTLY AT BRINGING HEAVY DUTY 20:08:10 VEHICLE STATIONS INTO THE CALIFORNIA MARKET FOR 20:08:13 TRUCK 20:08:16 TRANSPORT. THAT'S A GROWING INTEREST BY 20:08:20 PEOPLE IN STATE GOVERNMENT AMOUNT OF COURSE THE TRUCKING INDUSTRY 20:08:23 . NEXT SLIDE. THIS IS JUST AN 20:08:26 IMAGE AND I WANTED TO TALK TO THIS ONE BECAUSE IT'S AN 20:08:29 IMAGE OF ONE OF OUR NEWER LOCATIONS THAT WAS BUILT IN 20:08:33 ORANGE COUNTY. THIS ONE HAS DIFFERENT CANOPIES AND 20:08:36 DESIGN ELEMENTS BUT THE POINT HERE IS THAT WE 20:08:40 REALLY DID DESIGN THESE STATIONS 20:08:43 WITH THE CUSTOMER IN MIND FOR CONVENIENCE AND 20:08:47 FOR MEETING THEIR UTILITY IN THE NEEDS OF ADOPT 20:08:52 ING ZERO EMISSION VEHICLES IN THIS 20:08:55 CASE FIELD STOCK CARS. BUT WHAT WE DID IS SHIFTED FROM 20:08:59 EARLY STATIONS WHICH WAS THE SINGLE DISPENSER 20:09:02 , MAYBE A SINGLE HOSE TO THESE FOUR 20:09:05 FUELING POSITIONS, FOUR DISPENSERS, SIDES 20:09:08 , ALLOWING FOUR VEHICLES 20:09:12 TO SIMULTANEOUSLY REFILL IN JUST THREE TO FIVE MINUTES. 20:09:15 AND THAT MIMICS THE GASOLINE VEHICLE EXPERIENCE 20:09:18 . SO WE'RE ADVANCING THE TECHNOLOGY AS WE GO HERE 20:09:23 . 20:09:27 NEXT? TODAY WE STILL GET QUESTIONS 20:09:30 ABOUT HYDROGEN FUEL VEHICLES, I DON'T KNOW IF ANY OF YOU 20:09:33 DRIVE THEM YOURSELF. 20:09:36 BUT THEY ARE ELECTRIC 20:09:39 CARS, THEY ARE QUIET AND EFFICIENT, 20:09:43 COMPARED TO INTERNAL COMBUSTION. THEY 20:09:47 ARE CERTIFIED AS ZERO EMISSION VEHICLES AND THE 20:09:50 FIRST CARS REALLY WENT ON SALE IN THIS LATEST ROUND OF 20:09:53 ADVANCING THE GRET 20:09:56 GROWTH IN 2015 AFTER TEN YEARS 20:09:59 OF REAL WORLD TEST EXPERIENCE ON THE ROADS. 20:10:02 AND AS I NOTED THE PERFORMANCE 3 TO 5 MINUTES 20:10:05 TO REFILL ONE, 3 TO 400 MILES OF 20:10:09 DRIVING RANGE AND THE EQUIVALENT TO OF WHAT'S REFERRED TO AS 60 20:10:12 TO 70 MILES PER GALLON. AND 20:10:15 THIS IS AN EXAMPLE OF SOME OF THE VEHICLES TON ROAD. 20:10:20 NEXT 20:10:26 I'M NOT GOING TO GET INTO DETAILS HERE BUT CALIFORNIA HAS A 20:10:30 VISION FOR ZERO EMISSION VEHICLES, I 20:10:33 ASSUME YOU ALL KNOW THAT. THERE ARE VARIOUS POLICIES SHA 20:10:36 SUPPORT THAT, FROM AN EXECUTIVE ORDER FROM A 20:10:39 PREVIOUS ADMINISTRATION, CALLING FOR 5 MILLION BY 20:10:43 2030. THE PROGRAMS PROVIDING FUNDING FOR STATION 20:10:46 S, $20 MILLION PER YEAR TO BUILD ABOUT AND AS 20:10:49 WE SPEAK THERE'S NEW LEGISLATION BEING ADOPTED 20:10:53 TO ADVANCE THE FUNDING FOR STATIONS 20:10:56 . REGULATIONS, REQUIRING AUTO MAKERS TO BRING 20:10:59 ZERO EMISSION VEHICLES TO MARKET AND FUNDING 20:11:02 MADE AVAILABLE THROUGH WHAT'S CALLED THE LOW CARBON 20:11:05 FUEL STANDARD. NEXT. 20:11:10 SO WHAT WE'RE DOING AS YOU'RE SEEING WITH 20:11:13 THIS PROJECT IS ADDING HYDROGEN 20:11:16 DISPENSING TO EXISTING GASOLINE STATIONS 20:11:19 . THIS REALLY PROVIDES A EVENTUAL FUELING EXPERIENCE, SOMETHING 20:11:22 PEOPLE ARE ALREADY USED TO. AND EXISTING 20:11:25 INFRASTRUCTURE PROVIDES GOOD LIGHTING, CONVENIENCE STORE 20:11:28 , AND RESTROOM OPERATIONS. REALLY A TURNKEY 20:11:31 OPERATION. AND WE HAVE A DEDICATED FIELD SERVICE TEAM 20:11:35 THAT WILL HANDLE ALL MAINTENANCE AND REPAIRS AT THE STATIONS 20:11:38 . 20:11:45 THIS IS AN IMAGE OF THE ENCLOSURE THAT WAS REFERENCED EARLIER 20:11:49 . IT HAS THE STORAGE FOR 20:11:52 THE HYDROGEN, IT ALSO 20:11:55 STORES, COMPRESSES THE HYDROGEN, AND HAS CONTROL 20:11:59 SYSTEMS, AS WAS MENTIONED EARLIER, THAT IS 20:12:02 SAFETY BY DESIGN. AND WE HAVE PEOPLE 20:12:05 THAT CAN GET INTO THE DETAILS OF ANY QUESTIONS YOU MAY 20:12:08 HAVE THERE. BUT AN EXAMPLE OF THAT 20:12:12 IS THE VALVES THAT PROVIDE FOR OR ALLOW THE FLOW OF 20:12:15 HYDROGEN IN ITS VARIOUS STATES 20:12:18 ARE NORMALLY CLOSED VALVES THAT ARE ONLY OPEN WHEN ALL THE CONTROL SYSTEMS 20:12:21 SAY THAT EVERYTHING IS OKAY. SO SIMPLY PUT IF 20:12:24 SOMETHING IS DETECTED AS A PROBLEM, ALL 20:12:27 OF THESE VALVES BEING NORMALLY 20:12:31 CLOSED VALVES ARE CLOSED SO THERE CAN'T BE ANY FLOW 20:12:33 OR LEAKAGE. NEXT SLIDE. 20:12:36 AND I'LL PASS THIS ON TO LOGAN TO TALK MORE 20:12:39 ABOUT THE PROJECT AND THEN WE CAN WRAP UP THERE THERE, THANK YOU 20:12:44 . >> THANK YOU STEVE AND THANK YOU JAMES FOR THE 20:12:48 INITIAL PRESENTATION. I JUST WANTED TO TOUCH ON A 20:12:51 COUPLE OF THINGS HERE THAT MIGHT NOT HAVE BEEN MENTIONED EARLIER. 20:12:54 NUMBER 1 IS THE ACTUAL FUEL CANOPY IS GOING TO BE 20:12:58 REPLACED AS PART OF THIS PROJECT SO WE GET A 20:13:01 NICE FRESH CANOPY FOR THE SITE THERE. AND HERE ARE THE 20:13:04 TWO DOUBLE SIDED DISPENSERS. AND I WOULD NOTE THAT 20:13:07 YOU CAN'T -- THERE AREN'T THREE SEPARATE FUELING POSITIONS 20:13:10 HERE. THERE'S ONLY TWO. SO SOMEONE COULD FILL UP 20:13:14 WITH GAS OR HYDROGEN. THEY COULDN'T DO BOTH 20:13:17 . SO JUST SOMETHING TO NOTE 20:13:21 . 20:13:27 THE OTHERS THING IS AS PART OF THIS PROJECT WE DO 20:13:30 NEED ADDITIONAL POWER. WE HAVE THESE HEDGES THAT WILL 20:13:33 KIND OF PROTECT, SCREEN THAT FROM VIEW FROM THE 20:13:36 STREET AND THEN JAMES MENTIONED THE WALL HERE THAT SEPARATES 20:13:40 THE TRANSFORMER FROM THE PROPANE THEN WE'VE GOT A 20:13:43 CUSTOM PARKING SPOTS AND THEN HERE IS THE MAIN HYDROGEN 20:13:46 EQUIPMENT AND ENCLOSURE AND THAT CMU WALL FOR 20:13:50 JUST SOME ADDED SAFETY PROTECTION FOR 20:13:53 THESE BUSINESSES OVER HERE. 20:14:11 THAT'S IT, THANK YOU. >> Commissioner Daulton: 20:14:14 COMMISSIONERS DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT 20:14:18 ? IN THAT CASE TRISH DO WE HAVE 20:14:21 ANY PUBLIC SPEAKERS ON THIS ITEM? 20:14:24 >> LET ME GO AHEAD AND CLOSE THIS STOP-SHARING SCREEN AND 20:14:27 THEN I'LL TAKE A LOOK. JUST ONE MOMENT. 20:14:30 >> Commissioner Daulton: THANK YOU. 20:14:34 >> OKAY I DON'T SEE ANY AT THIS TIME BUT I'M JUST GOING 20:14:37 TO REPEAT. IF ANYBODY WOULD LIKE TO SPEAK 20:14:40 PLEASE GO AHEAD AND RAISE YOUR HAND ON THIS ITEM. CHAIRPERSON 20:14:43 DAULTON I DO NOT SEE ANY RAISED HANDS. 20:14:45 >> Commissioner Daulton: K SOUNDS GOOD. 20:14:48 SO DO WE HAVE ANY QUESTIONS OR COMMENTS FROM THE COMMISSIONER 20:14:52 S ON THIS AGENDA ITEM 20:14:54 ? SEEING NONE I'LL LOOK FOR A MOTION. 20:15:04 >> Commissioner Steckler: I'LL MAKE A MOTION, MOTION TO ACCEPT STAFF RECOMMENDATION 20:15:07 S. >> Commissioner Daulton: DO I HAVE A SECOND 20:15:12 ? 20:15:17 >> Commissioner Zhang: SECOND. >> Commissioner Daulton: WAS 20:15:20 THAT COMMISSIONER ZHANG? >> Commissioner Zhang: YES I'LL SECOND 20:15:23 . >> Commissioner Daulton: MOTION BY COMCTS. 20:15:27 SECOND BY COMMISSIONER ZHANG. JOEL WILL YOU TAKE THE VOTE 20:15:31 ? >> Planner Pullen: YES CHAIR, ON THE 20:15:35 MOTION AND SECOND, WHEN I CALL YOUR NAME PLEASE STATE YOUR VOTE. 20:15:36 CHAIR DAULTON. AYE. 20:15:40 VICE CHAIR RAO IS ABSENT. COMMISSIONER YEE, AYE 20:15:44 . COMMISSIONER STECKLER, AYE 20:15:47 . COMMISSIONER LIU, AYE 20:15:51 . AND COMMISSIONER ZHANG. AYE 20:15:56 . OKAY, THE VOTE IS 5 TO ZERO WITH 20:15:59 ONE ABSENT AND ONE VACANCY. CHAIR BACK 20:16:02 -- OH SORRY, THIS PROJECT IS APPROVED AS A 20:16:05 FINAL PLANNING COMMISSION ACTION, ALSO, UNLESS APPEALED, 20:16:08 TO CITY COUNCIL WITHIN TEN CALENDAR DAYS. 20:16:11 SO BACK TO YOU CLAIRE. >> Commissioner Daulton: THANK 20:16:14 YOU JOEL. JOEL I WAS WONDERING IF THIS MIGHT BE A GOOD MOMENT 20:16:18 TO TAKE OUR BREAK SINCE WE'VE ONLY GOT 20:16:21 TEN OR 15 MINUTES NOW BEFORE WE HAVE TO LAUNCH INTO THE NEXT 20:16:23 THING. >> Planner Pullen: SOUNDS FAIR 20:16:27 WITH ONE MORE ITEM TO GO. >> Commissioner Daulton: YEAH, CAN 20:16:30 WE DO THAT NOW? ALL RIGHT SO I'M GOING TO CALL A TEN 20:16:33 MINUTE BREAK HERE AND WE'LL SEE YOU IN A FEW. TURN OFF 20:16:36 YOUR DEVICES AND WE'LL SEE YOU IN TEN. >> YES, 20:16:39 PLEASE TURN OFF YOUR DEVICES AND YOUR VIDEO. THANK YOU 20:16:43 . 20:18:00 [ RECESS ] 20:29:08 >> Planner Pullen: IT'S BEEN ABOUT 20:29:11 12 MINUTES. I'M NOT SURE IF PEOPLE ARE TRICKLING 20:29:14 BACK IN. >> Commissioner Daulton: I'M READY WHEN YOU ARE. 20:29:21 >> Planner Pullen: WE HAD FIVE. THERE WE GO. 20:29:25 I THINK WE HAVE FIVE AGAIN. >> Commissioner Daulton: ALL RIGHT 20:29:28 . THEN CALL BACK TO ORDER HERE 20:29:32 . AND WE'LL MOVE ON TO OUR FINAL 20:29:35 AGENDA ITEM. THE OUTDOOR 20:29:39 COMMERCIAL PATIO ORDINANCE. JOEL IF YOU COULD READ THE ITEM 20:29:43 AND INTRODUCE STAFF PRESENTATION 20:29:46 PRESENTATION. >> Planner Pullen: 20:29:50 WILL DO, CHAIR. ONE MOMENT. 20:30:01 ALL RIGHT SO TONIGHT'S ITEM, THIRD ITEM IS OUR 20:30:05 OUTDOOR COMMERCIAL PATIO ORDINANCE, 20:30:08 THIS IS A CITYWIDE ITEM, 20:30:12 IT IS APPLICABLE THROUGHOUT THE CITY OF FREMONT, TO CONSIDER AN 20:30:17 ORDINANCE AMENDING TITLE 12, CHAPTER 12.05 (ENCROACHMENTS TO 20:30:20 STREETS AND SIDEWALKS) AND TITLE 18, CHAPTERS 18.25 (DEFINITIONS) 20:30:23 AND 18.190 (SPECIAL PROVISIONS APPLYING TO MISCELLANEOUS USES), TO ALLOW OUTDOOR COMMERCIAL 20:30:26 PATIOS ON CITY-OWNED AND PRIVATE PROPERTY, AND A FINDING THAT THE AMENDMENTS ARE EXEMPT FROM THE 20:30:33 CEQA, THE GENERAL PROVISION OF CEQA THAT THERE IS NO 20:30:36 POSSIBILITY OF CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT 20:30:40 AND ALSO CONSISTENT WITH THE GENERAL PLAN. 20:30:45 SO TONIGHT WE HAVE AGAIN COURTNEY PAL ASSOCIATE 20:30:48 PLANNER ON THE FIRST PRESENTATION IS 20:30:52 BACK FOR THIS PRESENTATION. I'LL DEFER TO HER, THERE IS 20:30:55 NO APPLICANT OTHER THAN THE CITY TONIGHT, THIS IS A CITY 20:30:58 CITY-SPONSORED ITEM. 20:31:07 >> GREAT, GOOD EVENING ONCE AGAIN COMMISSIONERS. GOT 20:31:11 THE PRESENTATION UP, WONDERFUL. AS YOU KNOW MY NAME 20:31:14 IS COURTNEY PAL AND I'M THE MANAGER WHO HAS 20:31:24 STAFF MEMBER WHO'S BEEN MANAGING 20:31:27 THE POP PROGRAM AS WE AFFECTIONATE 20:31:29 LY CALL IT. TO ALLOW BUSINESSES TO DEVELOP 20:31:33 AND TO OPERATE TEMPORARY OUTDOOR PATIO AREAS 20:31:36 IN CONFORMANCE WITH COUNTY REGULATIONS TO LIMIT THE SPRID 20:31:39 THE 20:31:43 SPREAD OF COVID-19. TONIGHT THE CITY 20:31:47 IS CONSIDERING AN OUTDOOR COMMERCIAL ORDINANCE THAT 20:31:50 WOULD ALLOW THESE PAD YOAS AND OTHERS TO OPERATE LONG TERM. 20:31:53 SO MY PRESENTATION TONIGHT IS GOING TO BEGIN WITH SOME 20:31:57 BACKGROUND ON THE POP PROGRAM 20:32:00 . I'LL DISCUSS OUR PROGRAM WITH BUSINESSES TO HELP INFORM 20:32:04 THE DEVELOPMENT OF LONG TERM REGULATIONS, I'LL HIGHLIGHT 20:32:07 SOME KEY AREAS OF THE ORDINANCE WHERE WE'RE MAKING CHANGES BASED ON 20:32:10 WHAT WE'VE LEARNED FROM THE TEMPORARY POP PROGRAM 20:32:14 . SO LETS GET STARTED 20:32:18 . AS YOU MAY 20:32:21 BE FAMILIAR, THE POP UP PATIO 20:32:24 PROGRAM WAS INSTITUTED REALLY AS A RAPID RESPONSE 20:32:28 TO STATE AND COUNTY WIDE REGULATIONS THAT 20:32:31 LIMIT INDOOR ACTIVITIES TO HELP PREVENT 20:32:34 THE SPREAD OF COVID-19 AND THE 20:32:38 PROGRAM ALLOWED BUSINESSES TO CREATE AREAS FOR OUTDOOR 20:32:41 OPERATIONS THROUGH CITY'S EXISTING SPECIAL EVENTS 20:32:44 PERMIT PROCESS. SO THESE WERE PERMITS THAT WERE 20:32:47 RELATIVELY FAST TO ISSUE AND REALLY FAST TO RESPOND TO 20:32:50 BUSINESSES NEEDS TO REOPEN TO START HAVING CUSTOMERS COME 20:32:52 IN AGAIN. THROUGH THESE PERMITS OUTDOOR 20:32:56 AREAS COULD BE CREATED EITHER WITHIN PRIVATE PROPERTY, OR 20:32:59 ON CITY OWNED PROPERTY, LIKE ON SIDEWALKS OR 20:33:02 OR ONSTREET PARKING STALLS. AND OUT 20:33:05 DOOR AREAS COULD REALLY BEGIN OPERATION AS SOON AS THEY 20:33:08 RECEIVED AN INSPECTION. THE PROGRAM HAS NOW 20:33:11 BEEN OPERATING FOR A LITTLE BIT MORE THAN 22 MONTHS AND DURING 20:33:14 THAT TIME, 20:33:18 WE'VE HAD MORE THAN 70 BUSINESSES RECEIVE 20:33:21 PERMITS FOR A POP UP PATIO. THAT INCLUDED 20:33:24 NOT ONLY RESTAURANTS WHICH IS YOUR TYPICAL 20:33:27 OUTDOOR DINING USE BUT PERSONAL SERVICES 20:33:31 USE HAIR DRESSERS AND NAIL 20:33:34 SALONS WERE ALLOWED TO OPERATE OUTSIDE, AS WELL AS FIT 20:33:37 NESS BUSINESSES CHILDCARE CENTERS AND OTHER EDUCATIONAL 20:33:41 PROVIDERS WHO DECIDED TO TAKE THEIR USES 20:33:43 OUTSIDE TO LIMIT THE SPREAD OF COVID. 20:33:46 ONE THING THAT'S UNIQUE ABOUT FREMONT'S POP UP PATIO 20:33:49 PROGRAM COMPARED TO OTHER CITIES IN THE BAY AREA IS ABOUT HOW MANY 20:33:53 PATIOS WERE CONSTRUCTED ON PRIVATE PROPERTY. THAT'S 20:33:56 OVER 96% OF OUR PERMIT APPLICANTS 20:34:00 . AND SO IN OTHER CITIES YOU WILL 20:34:03 HEAR ABOUT FAT YOAS THAT ARE MORE COMMON ON STREETS WITH ON 20:34:06 STREET PARKING SPACES AND SIDEWALKS AND WHILE WE WANT 20:34:09 TO ENCOURAGE THOSE PATIOS TOO AND THERE ARE 20:34:13 GREAT EXAMPLES IN FREMONT JUST A VAST MAJORITY WERE 20:34:16 TAKING PLACE ON PRIVATE PROPERTY IN OUR CITY WHICH 20:34:20 PROVIDES IMPORTANT CONTEXT 20:34:23 FOR THE PROGRAM. SO THE POP UP PATIO PROGRAM WAS 20:34:26 CONSISTENT AT THE START OF THE PANDEMIC PROVIDING 20:34:30 FOR VARIETY OF BUSINESSES. HOWEVER WE 20:34:33 ARE ALMOST TWO YEARS INTO THE PANDEMIC AND IT IS CLEAR 20:34:37 THAT THE BUSINESS HAS CHANGED 20:34:41 . BASED ON A SURVEY THAT I'LL TALK ABOUT MORE LATER 20:34:44 ON WE THINK ABOUT 50% OF FERMENTED POP 20:34:47 UP PATIOS ARE STILL OPERATING AND THAT NUMBER MAY 20:34:50 BE EVEN LOWER, DURING THE 20:34:53 COLD WINTER WEATHER THAT WE ARE HAVING TODAY. MANY 20:34:56 BUSINESSES THAT HAD POP UP PAD YOAS WERE BUSINESS 20:34:59 TYPES THAT WANTED TO HAVE OUT 20:35:03 DOOR BUSINESS LONG TERM, LIKE HAIR SALON 20:35:06 S AND NAIL SALONS AND WE KIND OF EXPECTED 20:35:10 THAT AS SOON AS INDOOR OPERATIONS WERE ONCE AGAIN PERMITTED 20:35:13 THOSE BUSINESSES WOULD OBVIOUSLY CHOOSE TO NO 20:35:17 LONGER OPERATE THEIR PATIO. HOWEVER THERE ARE BUSINESSES 20:35:20 THAT ARE STILL OPERATING THEIR PATIOS TO THIS DAY AND 20:35:23 OUR SURVEY FOUND THAT AMONG THOSE BUSINESSES 20:35:26 THE VAST MAJORITY OF THEM OVER 90% WANT 20:35:29 TO KEEP THEIR PATIOS OPEN OR THE ANOTHER YEAR OR 20:35:32 LONGER. 20:35:36 AND SO THIS REALLY INDICATED TO US THAT THERE WAS A NEED 20:35:39 TO PROVIDE GREATER LONG TERM CERTAINTY ABOUT WHAT REGULATION 20:35:42 S FOR PATIOS WOULD BE MOVING FORWARD FROM THE 20:35:45 PANDEMIC. 20:35:50 I THINK WE'VE FOUND FROM THIS PROGRAM THAT 20:35:53 POP UP PATIOS ARE A GREAT ADDITION FOR THE COMMUNITY 20:35:56 COMMUNITY, THEY NOT ONLY PROVIDE MORE BUSINESS 20:35:59 PACE 20:36:03 SPACE FOR BUSINESSES. WE THINK THAT'S IMPORTANT 20:36:06 TO ENCOURAGE MORE AS WE CONTINUE THE RECOVERY 20:36:10 FROM COVID-19. OUR EFFORTS TO THEN TRANSITION THE PROGRAM 20:36:13 TO ALLOW FOR THIS LONG TERM CERTAINTY AND LONG TERM 20:36:17 VIBRANCY HAVE REALLY FOCUSED ON 20:36:20 TWO GUIDING PRINCIPLES. MOST IMPORTANTLY, WE WANT TO 20:36:23 RETAIN THE KEY PROGRAM BENEFITS 20:36:26 THAT ALLOWED THE PROGRAM TO REALLY BE OF ASSISTANCE TO 20:36:29 BUSINESSES. WE WANT TO BE 20:36:34 FACILITATIVE OF BUSINESSES AND SUCCESSFUL 20:36:38 TO CREATE PATIOS WITHOUT A TON OF BURDENSOME RED 20:36:41 TAPE. WE REALLY NEED TO CONTINUE TO HELP OUR BUSINESSES 20:36:44 ON WHAT IS REALLY A LONG ROAD TO RECOVERY AFTER THE ECONOMIC 20:36:47 ISSUES THAT WERE CAUSED BY THE CODONE PANDEMIC AND FOR 20:36:50 MANY BUSINESSES THAT ARE STILL ONGOING 20:36:54 . AT THE SAME TIME, IN ORDER TO STRENGTHEN THE PROGRAM AND 20:36:58 PREPARE FOR LONG TERM OPERATIONS, WE 20:37:01 ALSO NEED TO RESOLVE ISSUES WITH 20:37:04 TEMPORARY CONSTRUCTION THAT MAY AFFECT THE SAFETY OF THESE 20:37:07 PATIOS LONG TERM. 20:37:13 ARMED WITH THESE GUIDING PRINCIPLES BEE DECIDE 20:37:16 DECIDED TO GET STARTED 20:37:20 ON REGULATIONS THAT WOULD ALLOW FOR LONG TERM PATIOS 20:37:22 PATIOS. BECAUSE WE WANTED TO HELP THE 20:37:26 COMMUNITY THE FIRST STEP WE TOOK WAS GO BACK TO BUSINESS HE 20:37:28 AND GET THEIR INPUT ON POTENTIAL REGULATIONS. 20:37:31 SO WE DISTRIBUTED A SURVEY TO BUSINESSES THAT HAD OBTAINED 20:37:35 POP UP PATIO PERMITS. THE SURVEY WAS DISTRIBUTED IN 20:37:38 NOVEMBER AND DECEMBER OF 2021 AND 20:37:41 WE RECEIVED 21 RESPONSES. AMONG THE MOST IMPORTANT QUESTIONS THAT 20:37:44 WE ASKED ARE THE FIVE THAT ARE SHOWN ON THIS SLIDE 20:37:48 . WHERE WE LISTED A PROPOSED REGULATION, AND THEN 20:37:51 ASKED RESPONDENTS TO QUANTIFY WHAT TYPE OF IMPACT THE 20:37:54 REGULATION WOULD HAVE ON THEIR BUSINESSES. SO YOU 20:37:57 CAN SEE THE RESULTS OF THE SURVEY ON THIS SLIDE 20:38:01 , THEY ARE LISTED IN THE ORDER OF LEAST 20:38:04 SUBSTANTIAL IMPACTS, WHICH ARE SHOWN ON THE LEFT, TO 20:38:07 THE REGULATIONS THAT WOULD HAVE THE MOST 20:38:11 SUBSTANTIAL IMPACTS, SHOWN ON THE RIGHT-HAND SIDE OF THE SLIDE 20:38:14 . 20:38:20 WITH THAT SURVEY DATA IN HAND WE GOT TOGETHER TO 20:38:23 PUT TOGETHER SOME INITIAL CHANGES TO REGULATIONS AND WE HELD 20:38:27 TWO SEPARATE WEBINAR EVENTS IN EARLY FEBRUARY 20:38:30 IN ORDER TO PRESENT THOSE INITIAL IDEAS TO BUSINESSES. 20:38:33 THE WEBINARS WERE ADVERTISED TO THE EXISTING 20:38:36 POP UP PATIO BUSINESSES THROUGH AN E-MAIL LIST AND ALSO 20:38:39 TO THE BROADER BUSINESS COMMUNITY THROUGH THE CITY'S 20:38:42 SOCIAL MEDIA ACCOUNTS. WE ALSO HAD STAFF FROM OUR ECONOMIC 20:38:46 DEVELOPMENT DEPARTMENT CALL INDIVIDUAL BUSINESSES THAT WE THOUGHT MAY 20:38:50 BE PARTICULARLY IMPACTED BY THE POTENTIAL REGULATIONS IN ORDER TO ENSURE 20:38:53 THAT THEY HEARD ABOUT THE WEBINARS FIRSTHAND 20:38:57 . SO A TOTAL OF TEN ATTENDEES 20:39:00 JOINED THE WEBINAR AND 20:39:03 P PRESENTED 20:39:07 LARGELY POSITIVE RESULTS 20:39:10 , THE 20:39:13 INFORMATION HERE IS CONSISTENT GENERALLY WITH AWAY 20:39:16 WE DISCUSSED IN THE WEBINARS. SO THAT BRINGS 20:39:19 US TO A DISCUSSION OF THE PROPOSED ORDINANCE. 20:39:22 THE ORDINANCE REFLECTS THE INPUT WE GOT FROM BUSINESSES THROUGHOUT 20:39:26 THIS PROCESS AS WELL AS OUR EXPERIENCE AS 20:39:29 STAFF RUNNING THE PROGRAM AND SEEING THE IMPACTS THAT 20:39:32 THESE PATIOS ARE HAVING ON THE COMMUNITY. THE FULL TEXT 20:39:39 OF THE ORDINANCE IS FOUND.IN EXHIBIT A BUT I WANTED TO 20:39:42 FOCUS ON A FEW SIGNIFICANT REGULATIONS IN THE ORDINANCE 20:39:46 WHICH ARE IMPORTANT FOR COMMISSIONER HE TO LOOK AT AND UNDERSTAND 20:39:49 . THIS SLIDE PROVIDES AN OVERVIEW 20:39:52 OF THESE THREE AREAS AND THEE ARE REALLY THE LARGE 20:39:55 EST PROPOSED CHANGES TO THE CURRENT POP UP PATIO REGULATIONS 20:39:58 . WE FEEL THAT THESE 20:40:01 REGULATIONS ENHANCE PATIO SAFETY AND ESTHETICS 20:40:05 WHILE NOT DRASTICALLY EXPANDING THE LIST OF REQUIREMENTS 20:40:08 FOR BUSINESSES. 20:40:13 A FULL COMPARISON OF THE PROPOSED ORDINANCE AND THE 20:40:16 CURRENT POP UP PATIO PROGRAM IS CRUD IN YOUR PACKET 20:40:19 TONIGHT AS INFORMATIONAL ITEM 1. YOU'LL SEE THESE 20:40:22 ITEMS CALLED OUT IN RED AS THE BIG DIFFERENCES THAT 20:40:25 BUSINESSES CAN EXPECT UNDER THE PROPOSED ORDINANCE. 20:40:28 AND I'LL TAKE ANOTHER FEW MINUTES TO GO THROUGH EACH 20:40:31 PROPOSED CHANGE INDIVIDUALLY. 20:40:39 FIRST REWE RETAIN THE QUICK AND 20:40:41 SIMPLE PROCESS FROM THE POP UP PATIO PROGRAM. 20:40:44 SO THE OUTDOOR COMMERCIAL PATIO ORDINANCE 20:40:47 WOULD ESTABLISH A STRAIGHTFORWARD MINISTERIAL PROCESS 20:40:50 FOR ANY 20:40:55 BUSINESS THAT IS CONSIDERED BY RIGHT IN THEIR DISTRICT. 20:40:58 THAT WOULD BE CONSIDERED MOST OF THEIR BUSINESSES THAT HAVE 20:41:02 RETAINED THEIR BUSINESSES IN POP UP PATIO PROGRAM 20:41:05 , RESTAURANTS, CAFES, THESE BUSINESS 20:41:08 ES WOULD BE REQUIRED 20:41:13 TO PROVIDE A APPLICATION, 20:41:16 REVIEWED AND QUICKLY APPROVED BY CITY STAFF 20:41:20 . 20:41:23 HOWEVER FOR BUSINESSES THAT TYPICALLY 20:41:27 REQUIRE A LITTLE MORE OVERSIGHT 20:41:30 , BUSINESSES LIKE BARS OR DAY CARES THAT 20:41:33 MIGHT HAVE OFFSITE 20:41:36 NOISE IMPACTS, THESE BUSINESSES ARE TYPICALLY PERMITTED WITH 20:41:39 A USE PERMIT AND UNDER THE PROPOSED ORDINANCE, ADDING AND 20:41:42 OUTDOOR PATIO TO THESE BUSINESSES WOULD REQUIRE A 20:41:45 USE PERMIT AMENDMENT. THIS WOULD MAKE SURE THAT THE 20:41:48 CITY HAD MORE OVERSIGHT OVER THINGS LIKE HOURS OF 20:41:52 OPERATION, NOISE, AND DESIGN 20:41:55 , FOR THESE MORE SENSITIVE USES AND WOULD ALSO ALLOW US 20:41:58 TO ENSURE THAT BUSINESSES ARE FOLLOWING CORRECT LICENSE 20:42:01 ING REQUIREMENTS FOR PATIO OUTDOOR AREAS THROUGH 20:42:05 STATE AGENCIES AND OTHER 20:42:09 NONCITY ENTITIES. SECOND 20:42:12 , POP UP PATIOS ARE CONSIDERED TEMPORARY USE 20:42:15 S THAT ARE CURRENTLY EXEMPT FROM MANY BUILDING 20:42:19 AND FIRE 20:42:22 COI 20:42:25 CODE REQUIREMENTS. I WANT TO EMPHASIZE THAT THE 20:42:29 CITY DOESN'T HAVE ANY FLEXIBILITY, THE BUILDING AND TIRE 20:42:32 CODES MUST BE IMPLEMENTED UNDER ANY PROGRAM THAT MAKES THESE 20:42:35 USES PERMANENT. BECAUSE PATIOS WOULD BE 20:42:38 PERMITTED ON THE SITE LONG TERM WE HAVE TO FOLLOW THEN THE 20:42:41 REGULATIONS FOR PERMANENT PATIOS WITHIN THE BUILDING AND 20:42:45 FIRE CODES AND THIS WOULD REALLY HAVE THREE MAIN AREAS OF IMPACT 20:42:49 . FIRST THE PATIOS WOULD BE REQUIRED 20:42:52 TO PROVIDE AN ACCESSIBLE PATHWAY ENTRANCE SUCH AS 20:42:55 A CURB RAMP OR A FLUSH CURB 20:42:58 IN ORDER TO ENSURE THE ACCESSIBILITY OF THE PATIO. 20:43:02 SECOND, IN ORDER TO AVOID 20:43:06 THE COMPLEX REQUIREMENTS THAT COME WITH BEING 20:43:09 CONSIDERED AN ASSEMBLY OCCUPANCY, PATIOS WOULD NEED 20:43:13 TO BE UNDER 750 SQUARE FEET IN AREA 20:43:16 . THIRD, PATIOS WOULD NEED TO UPGRADE 20:43:19 AND SECURE TENTS, ELECTRICAL SENTENCES 20:43:22 EXTENSION 20:43:26 S AND IN ORDER TO COMPLY WITH BUILDING CODE 20:43:29 REQUIREMENTS FOR THOSE TYPES OF BUILDING STRUCTURES AND USES. 20:43:32 FINALLY, THE THIRD PROPOSED CHANGE FOR THE 20:43:35 POP UP PATIO PROGRAM IS TO DEVELOP A LIST 20:43:39 OF APPROVED BARRIERS THAT IS MISSILE 20:43:42 ADMINISTRATIVELY APPROVED 20:43:46 BY THE PUBLIC WORKS DEPARTMENT. UNDER 20:43:49 THE CURRENT PROGRAM STAFF ALLOWS 20:43:52 SUBSTANTIAL FLEXIBILITY IN THE TYPE AND APPEARANCE OF BARRIERS. 20:43:55 BUSINESSES CAN USE TEMPORARY MATERIALS THAT WOULD 20:43:58 NOT TYPICALLY BE PERMITTED BY THE CITYWIDE DESIGN GUIDELINES 20:44:02 , INCLUDING THINGS LIKE CHAIN 20:44:05 LINKS FENCING, ORANGE MOLDED PLASTIC 20:44:09 RAILS, CONCRETE POST 20:44:13 S STUCK INTO THEM AND LONG TERM THESE TYPES OF 20:44:16 MATERIALS JUST AREN'T DURABLE AND JUST AREN'T SAFE 20:44:19 . SO STAFF ARE PROPOSING THAT THE PERMITTED BARRIERS 20:44:22 HAVE A HIGHER QUALITY APPEARANCE AND MORE DURABILITY 20:44:26 SO. EXAMPLES WOULD BE THINGS LIKE METAL FENCING 20:44:30 , DECORATIVE PLANTERS, DECORATIVE 20:44:33 K RAILS WOODEN PALLETS AND THESE BARRIERS 20:44:36 WOULD BE MORE PREPARED FOR THE TYPES OF PERMANENT OPERATIONS 20:44:39 THAT WOULD BE PERMITTED THROUGH OUTDOOR COMMERCIAL PATIO ORDINANCE 20:44:42 AND THEREFORE THEY WOULD HELP IMPROVE BOTH THE SAFETY AND 20:44:45 THE ESTHETICS OF THESE PATIOS LONGER TERM. 20:44:56 SO THAT WRAPS UP MISOVERVIEW, AND WHILE 20:44:59 THIS IS OUTSIDE THE SCOPE OF PLANNING COMMISSION'S REVIEW TONIGHT I 20:45:02 WANTED TO SPEND A MINUTE DISCUSSING IT HERE BECAUSE 20:45:06 IT DOES TIE INTO HOW WE ARE PROPOSING TO 20:45:09 SUPPORT BUSINESSES DURING THIS PROCESS. WHEN THIS MATTER GOES 20:45:12 TO CITY COUNCIL THEY WILL CONSIDER ADOPTING A 20:45:15 ONE TIME $500 FEE FOR 20:45:19 NO RENEWAL FOR THE OUTDOOR 20:45:22 PERMIT PATIO APPLICATIONS. THIS IS CONSISTENT WITH OUR 20:45:25 CURRENT SIDEWALK DINING ORDINANCE FEE WHICH THIS ORDINANCE WOULD BE REPLACING. 20:45:28 HOWEVER, IN ORDER TO ASSIST BUSINESSES AND FACILITATE 20:45:33 THE CONTINUATION OF THE EXISTING PATIOS AND 20:45:37 THE POP UP PATIO PROGRAM STAFF ARE PROPOSING 20:45:41 TO REIMBURSE THE BAT YOA FEES FOR THOSE BUSINESSES 20:45:46 THAT APPLY PRIOR TO DECEMBER 20:45:49 31st, 2022. SO POP UPPER PATIO BUSINESSES WOULD HAVE 20:45:52 FROM THE CITY COUNCIL ADOPTION DATE WHICH WE'RE EXPECTING WOULD 20:45:55 HAPPEN MOST LIKELY IN MAY WITH THE ORDINANCE BECOMING 20:45:58 EFFECTIVE IN JUNE TO THEN APPLY FOR A 20:46:02 LONG TERM APPROVAL UNDER THAT ORDINANCE 20:46:05 BEFORE DECEMBER 31st, 2022 20:46:08 , BEFORE PATIOS WOULD NEED TO CEASE OPERATIONS 20:46:13 . 20:46:22 THIS INCLUDES MY PRESENTATION. I'M NOT AVAILABLE FOR ANY 20:46:25 QUESTIONS THAT THE PLANNING COMMISSION MIGHT HAVE FOR STAFF 20:46:28 ON THIS ITEM. THANK YOU. 20:46:51 20:46:57 >> Commissioner Daulton: COMMISSIONER STECKLER. 20:47:00 >> Commissioner Steckler: THANK YOU CHAIR. 20:47:03 FOR ANY BUSINESS THAT WOULD FACILITATE GETTING 20:47:06 A POP, I'M TRYING 20:47:10 TO UNDERSTAND WHY MISSION PIZZA HAS A 20:47:13 BAN, IF THEY WENT OUTSIDE FOR THE BAN, 20:47:16 WOULD THAT BE PERMITTED OR IS THAT A WHOLE SEPARATE ISSUE 20:47:19 ? >> THAT IS A GREAT QUESTION. THE CITY HAS 20:47:22 PREEXISTING NOISE ORDINANCES, WE HAVE ONE SECTION OR CODE ABOUT 20:47:25 THE RIGHT TO URBAN CORE OPERATIONS, WHICH 20:47:28 GOVERNS YOU KNOW THOSE TYPES OF SOMETIMES NOISY 20:47:32 OPERATIONS WITHIN OUR MORE URBAN AREAS OF THE CITY, 20:47:35 AND WE HAVE SEPARATELY NOISE REGULATIONS THAT GOVERN IT IN 20:47:38 OTHER AREAS OF THE CITY THAT MIGHT BE COMMERCIAL 20:47:41 SHOPPING CENTERS, MORE DISTRIBUTED AND AS 20:47:44 PART OF THE ACTUAL CHANGES OPPORTUNITY POP UP PATIO PROGRAM 20:47:47 TO THIS NEW ORDINANCE BUSINESSES WOULD JUST BE SUBJECT 20:47:51 TO THOSE PREEXISTING NOISE REGULATIONS. SO 20:47:54 WE WOULDN'T BE CHANGING ANY NOISE REGULATIONS AT ALL UNDER THIS 20:47:58 PROGRAM. AND UNDER THOSE 20:48:01 CURRENT REGULATIONS THERE ARE DECIBEL 20:48:04 LEVELS THAT BUSINESSES NEED TO 20:48:07 DEPLOY DURING THE HOUR OF THE DAY. 20:48:11 GENERALITIES, WOULD NOT BE TYPICALLY PERMITTED 20:48:14 BECAUSE THE NOISE MIGHT BE TOO LOUD BUT SOMETHING THAT IS 20:48:17 EITHER ACOUSTIC OR A LOWER DECIBEL 20:48:20 LEVEL MAY BE PERMITTED. IT WOULD BE JUST 20:48:23 SUBJECT ESSENTIALLY TO THE CURRENT CITY STANDARDS FOR THOSE TYPES OF 20:48:26 USES THAT WE HAVE ALREADY SET IN PLACE. 20:48:29 >> Commissioner Steckler: OKAY. SECOND QUESTION I HAVE 20:48:33 , THE STAFF IS GOING TO APPROVE 20:48:36 THE TYPE OF BARRIERS THAT ARE PUT UP 20:48:39 UP? MY CONCERN WOULD BE, THAT 20:48:42 SOMEBODY PUTS UP A MORE PERMANENT TYPE OF BARRIER 20:48:45 YOU KNOW LIKE CEMENT IT TO THE CURB 20:48:48 LINE OR SOMETHING LIKE THAT. AND THEN, YOU KNOW, BRICK 20:48:51 AND WE'D HAVE TO TEAR IT DOWN OR WHATEVER. 20:48:54 SO STAFF WILL APPROVE ALL THE 20:48:57 OUTDOOR CONFIGURATION 20:49:01 AND SPECS OF WHAT'S GOING TO GO IN THERE? 20:49:03 >> THAT IS CORRECT. SO THERE ARE KIND OF TWO STEPS 20:49:06 IN THE PERMITTING PROCESS. THE FIRST STEP WILL BE WHEN STAFF LOOK 20:49:09 AT EVERYTHING ON PAPER. AND APPROVE 20:49:13 A CERTAIN CONSTRUCTION DESIGN. AND AS PART OF THAT REVIEW 20:49:16 PROCESS STAFF WILL NOT PERMIT ANYTHING THAT IS PERMANENTLY 20:49:19 ATTACHED OR AFFIXED TO A PUBLIC RIGHT-OF-WAY 20:49:22 LIKE A CITY SIDEWALK, OR A YOU 20:49:25 KNOW CITY STREET. THAT'S NOT SOMETHING THAT WE'RE 20:49:28 ALLOWING UNDER THIS ORDINANCE. IT IS SPECIFICALLY PROHIBIT 20:49:31 ED ACTUALLY IN THE TEXT OF THE ORDINANCE. 20:49:35 ON PRIVATE PROPERTY WE ARE MORE FLEXIBLE, BECAUSE IT IS THEIR 20:49:38 PRIVATE PROPERTY SO WE DO HAVE THE POSSIBILITY TO 20:49:41 APPROVE PATIOS THAT DO HAVE PERMANENT ATTACHMENTS ON 20:49:45 PRIVATE AREAS OF THE CITY BUT THEY WOULD OBVIOUSLY HAVE TO 20:49:48 REMEDIATE THAT AFTER THE PATIOS WERE TAKEN OUT. WITH 20:49:51 REGARDS TO THE NEXT STEP IN THE PROCESS THAT WOULD BE THE ACTUAL 20:49:54 CITY INSPECTION, RIGHT? SO AFTER THE BUSINESS HAS A 20:49:58 STAMPED APPROVAL FOR THE PATIO, ONE OF OUR 20:50:01 BUILDING INSPECTORS WOULD GO OUT TO MAKE SURE THAT IT IS CONSTRUCTED 20:50:04 IN THE WAY THAT IT IS SPECIFIED IN THE CONSTRUCTION DOCUMENTS. 20:50:07 AND SO THAT WOULD BE 20:50:10 OUR -- ESSENTIALLY OUR FIRST CHECK TO BE 20:50:13 SURE THAT IT'S CONSTRUCTED PER THE REQUIREMENTS TO NOT PERMANENT 20:50:17 LY AFFIX ANYTHING. BUSINESS 20:50:20 ES NEED TO SIGN A SEPARATE 20:50:23 , I'M NOT SAYING IT'S A LAUNDRY LIST BUT A 20:50:27 LONG SET OF ITEMS, 20:50:30 LIABILITY CONSIDERATION FOR THE CITY AND SO THAT DOCUMENT DOES STATE THAT THEY 20:50:33 CAN'T CHANGE THE BARRIER CONFIGURATION FROM WHAT IS 20:50:37 APPROVED. >> Commissioner Steckler: AND MY LAST QUESTION, I KNOW I'M 20:50:40 BEING KIND OF 20:50:43 PISSED HERE BUT IF THEY PUT IT UP IN THE STREET 20:50:46 , THE 20:50:50 AFGHAN RESTAURANT IN 9/11 20:50:54 IN CENTERVILLE 20:50:57 , TWO LANES NORTHBOUND, TWO LANES SOUTHBOUND 20:51:01 SOUTHBOUND, ARE WE GOING TO BE SURE THAT THE 20:51:05 BICYCLISTS AND PEDESTRIANS WILL BE ABLE 20:51:08 TO TRAVERSE THOSE AREAS SAFELY? 20:51:12 >> AS PART OF A 20:51:16 PUBLIC WORKS SPONSORED PROGRAM 20:51:19 , LARGER CITY STRATEGY AROUND 20:51:22 TRAFFIC MODES AROUND FREMONT BOULEVARD. SO 20:51:25 TYPICAL PATIOS WITH IT NOT BE ABLE TO CHANGE 20:51:29 STREET GEE TRIES, THAT IS A VERY UNIQUE CASE. WHAT 20:51:32 WE WILL BE DOING IS 20:51:35 ENSURING THAT THE PATIO IS 20:51:38 LOCATED OUTSIDE THE PEDESTRIAN 20:51:42 OR BICYCLE AREA. WE WILL 20:51:45 ENSURE THAT BICYCLE TRAVEL CAR TRAVEL BUS 20:51:48 TRAVEL CAN CONTINUE UNINHIBITED 20:51:53 . 20:51:56 >> Planner Pullen: COURTNEY, TO COMMISSIONER STECKLER'S FIRST 20:51:59 QUESTION, CAN YOU COMMENT ON THE PORTION OF THE ORDINANCE THAT TALKS ABOUT 20:52:03 IN ADDITION TO THE NOISE ISSUE YOU MENTIONED THERE IS ALSO YOU KNOW 20:52:06 SOME BUSINESSES THAT HAVE USE PERMITS AND HOW THE ORDINANCE DEALS WITH 20:52:09 THAT FOR EXISTING BUSINESSES 20:52:12 ? 20:52:18 >> I'M NOT SURE I UNDERSTAND THE SPECIFIC QUESTION. 20:52:21 CERTAIN BUSINESSES DO REGULATE NOISE AND HOURS 20:52:24 OF OPERATION. WE SEE THIS WITH BARS AND OTHER LATE 20:52:28 NIGHT USES THAT MAY BE 20:52:31 JAIFT RESIDENCES, AS PART OF THE USE WE'D LOOK 20:52:34 AT THEIR HOURS OF OPERATION, THEIR INTENDED TYPES 20:52:38 OF OPERATION OUTDOORS, 20:52:41 RESTRICTING MUSIC TO CERTAIN HOURS MORE 20:52:45 NOISE IMPACTS, JOEL I'M NOT SURE IF THAT'S WHAT YOU'RE 20:52:48 GETTING AT. >> Planner Pullen: YES JUST TO SAY -- 20:52:51 >> SOME OF OUR MORE NOISY USES 20:52:54 ARE CERTAINLY COVERED UNDER THE USE PERMIT. 20:52:57 >> Planner Pullen: AND THOSE BUSINESSES THAT HAVE THOSE USE PERMITS TO THE EXTENT THAT THEY 20:53:01 HAVE PATIOS, YOU KNOW, THE TYPE OF THINGS 20:53:04 THAT REQUIRE THE USE PERMITS, THE PATIO WOULD ALSO BE SUBJECT 20:53:07 TO THOSE USE PERMIT CONDITIONS IF THEY EXIST 20:53:11 . >> THAT IS CORRECT, YES. 20:53:14 >> Commissioner Daulton: THANK YOU. 20:53:18 CHAIR RECOGNIZES COMMISSIONER ZHANG. 20:53:21 >> Commissioner Zhang: THANK YOU CHAIR. I HAVE A COUPLE OF QUESTIONS. 20:53:24 NUMBER 1, 20:53:28 THE AUDIENCE ALLOWS 20:53:33 YOUTH PUBLIC PARKING SPOT AS THEIR PATIO 20:53:36 . CURRENTLY WHICH PERMITS, WHICH 20:53:40 BUSINESS UTILIZING THIS 20:53:44 -- THIS-THEIR PARKING LOT 20:53:48 , AS 20:53:52 THEIR, THE ONE COMMENT IN MY MIND IS THE NILES BUT 20:53:55 I NEVER SEE ANYONE USE THEIR FRONT PARK 20:53:58 PARKING LOT. >> YES, 20:54:01 SO REGARDING PATIOS THAT ARE IN ON-STREET PARK 20:54:04 ING SPACES. THERE ARE THREE PERMITTED ONES AND 20:54:07 ONLY TWO OPERATING ONES OR ONES THAT WERE AT 20:54:10 LEAST OPERATING ONES, TO MY 20:54:13 POINT OF KNOWLEDGE. THERE IS ONE NEAR JOE 20:54:16 'S CORNER IN NILES AND ONE THE CITY CONSTRUCTED 20:54:19 ON FREMONT BOULEVARD. THE OR THE ONE IS 20:54:23 ONE THAT'S PROPOSED ON CAPITOL AVENUE AS 20:54:26 PART OF RAW SF, THEY RECEIVED 20:54:29 A PERMIT FOR THEIR PATIO, THEY ARE A 20:54:33 RELATIVELY NEW BUSINESS AND HAVE NOT CONSTRUCTED IT 20:54:36 YET. IN A CITY OF FREMONT, WHERE WE HAVE 20:54:39 CONSIDERABLY HIGH STREET SPEEDS WE HAVEN'T SEEN A LOT OF THESE 20:54:42 PATIOS CURRENTLY BUT OUR HOPE 20:54:45 OF PASSING THE ORDINANCE, WE SET UP A STREET 20:54:48 FRAMEWORK WHERE WE TRANSITION TO MORE URBANIZE 20:54:52 ED AREAS OF THE CITY WE HAVE A FRAMEWORK TO 20:54:55 ALLOW THESE USES AND DO SO TO ENCOURAGE THEM 20:54:59 WITHIN AREAS IN WHICH THEY ARE MORE SUIT ANNAL AND 20:55:02 APPROPRIATE WHERE PEOPLE WANT TO BE OUTDOORS DINING ON A STREET 20:55:07 . 20:55:11 >> Commissioner Zhang: IF I READ CORRECTLY, THE ITEM DOESN'T 20:55:16 SAY ANYTHING ABOUT ACCESSIBILITY PARKING SPACE, THAT MAY BE 20:55:19 OUT OF REGULATIONS -- >> THAT IS A GREAT QUESTION AND 20:55:22 A GREAT POINT OF CLARIFICATION. SO ACCESSIBILITY IS GOVERNED 20:55:25 BY CHAPTER 11B OF THE BUILDING CODE WHICH 20:55:28 YOU WILL SEE CALLED OUT IN THE ORDINANCE. AND BECAUSE THE BUILDING 20:55:32 CODE CHANGES EVERY THREE YEARS, WE FELT IT WAS IMPORTANT TO 20:55:35 NOT ACTUALLY PUT THE TEXT 20:55:39 OF THE CURRENTLY BUILDING CODE IN THE CURRENT 20:55:42 ORDINANCE, BECAUSE THE WE MIGHT HAVE TO UPDATE IT IF THE 20:55:45 REGULATIONS CHANGED. THERE IS REFERENCE TO THE 20:55:48 ACCESSIBILITY PROVISIONS IN THE CURRENT BUILDING CODE WHICH WILL 20:55:52 BE THE GOVERNING REGULATIONS FOR THE PAT GROSS. AND 20:55:55 THIS ENSURES THAT WHEN THE BUILDING CODE CHANGES AND 20:55:59 ACCESSIBILITY STANDARDS CHANGE WE WILL NOT NEED TO UPDATE THE 20:56:01 ORDINANCE BUT IT IS CERTAINLY SOMETHING THAT PATIOS ARE 20:56:04 SUBJECT TO. >> Commissioner Zhang: THANK YOU. 20:56:07 IF THESE PERMITS ARE ISSUED, THEY WILL BE 20:56:11 LIKE A PERMANENT PERMIT, AS LONG AS 20:56:14 THE -- UNTIL THE BUSINESS CEASE, CORRECT? 20:56:18 >> CORRECT. SO THE PERMIT DOES NOT HAVE 20:56:21 A PERIOD OF EXPIRATION. HOWEVER, 20:56:24 THERE ARE IF YOU READ TOWARDS THE BOTTOM OF THE ORDINANCE, 20:56:28 PROCEDURES THROUGH WHICH THE CITY COULD MODIFY OR REVOKE THE 20:56:31 PERMIT IF THERE WERE ONGOING ISSUES WITH THE PATIO. 20:56:34 BUT OTHERWISE IT WOULD BE A ONE TIME APPROVAL 20:56:37 . >> Commissioner Zhang: IS IT TRANSFERABLE IF 20:56:40 THE O 20:56:44 OWNER CHANGE? >> NO, 20:56:47 IT IS NOT TRANSFERABLE. BECAUSE WE WANT TO MAKE SURE 20:56:50 THAT THE OWNER FOLLOW THOSE CONDITIONS OF APPROVAL, 20:56:53 WE WILL REQUEST THAT THE 20:56:57 NEW TENANT RECEIVE A NEW PERMIT FOR PATIO. 20:57:00 >> Commissioner Zhang: I'M NOT SAYING NEW BUSY 20:57:03 IES BUT A LOT OF CASES WHERE THEY BUY THEIR BUSINESS 20:57:06 . >> IF THE OWNERSHIP OF THE BUSINESS CHANGES WE 20:57:09 WILL NOT NECESSITATE A CHANGE IN THE PATIO 20:57:13 PERMIT BUT WHAT MATTERS IS A CHANGE IN THE USE 20:57:16 , RESTAURANT. SO LIKE IF YOU SELL TRANSFER 20:57:19 OF ONE BUSINESS SAME NAME SAME OPERATIONS THEN THAT WILL 20:57:22 NOT TRIGGER THE CHANGE. BUTTER IF YOU CHANGE FROM LIKE 20:57:25 ONE RESTAURANT TO ANOTHER THEN WE WILL TRIGGER THE CHANGE 20:57:30 . >> Commissioner Zhang: I SEE THAT 20:57:33 , THIS LADY HAS THIS RENEWAL COURSES 20:57:37 LIKE ONCE A YEAR. ON WHAT BASIS DO 20:57:40 WE DON'T DO THAT? >> SO OTHER CITIES 20:57:43 AND THEIR ORDINANCES DO ESTABLISH A RENEWAL PROCESS 20:57:46 BY WHICH BUSINESSES WOULD NEED TO ESSENTIALLY REAPPLY EVERY 20:57:50 YEAR IN ORDER TO, YOU KNOW, KIND OF CONTINUE PATIO 20:57:53 OPERATIONS. WE DECIDED NOT 20:57:56 TO INCORPORATE THAT REQUIREMENT FOR A FEW REASONS. 20:57:59 THE FIRST IS THAT AFTER OUR KIND OF TEST RUN WITH THE POP 20:58:03 UPPER PATIO PROGRAM WE DIDN'T FEEL THAT IN 20:58:06 WAS ANY KIND OF NEW OR CHANGED INFORMATION THAT CAME OUT 20:58:09 AFTER THAT PERIOD OF TIME THAT WE WOULDN'T HAVE NOTICED AT THE 20:58:12 FIRST APPROVAL OF THE PATIO THAT WOULD 20:58:15 NECESSITATE THAT REREVIEW. AND IT JUST CREATED 20:58:18 ANOTHER LURD L FOR BOTH BUSINESSES AND STAFF 20:58:21 TO TRACK AND REUP THAT ONE YEAR OR TWO YEAR 20:58:24 APPROVAL DATE. MOST OF THE CITIES THAT I'VE SEEN 20:58:28 WITH THE REAPPROVAL PROCESS ARE CITIES THAT HAVE A LOT 20:58:31 OF PATIOS ON PUBLIC PROPERTY. AND 20:58:34 IF I HAD TO GUESS, THEY'RE GOING 20:58:38 TO BE EVALUATING THEIR SHARE OF PUBLIC PARKING THAT THOSE BUSINESSES 20:58:41 ARE TAKING UP AND POTENTIALLY RECONSIDERING 20:58:44 HOW MUCH OF THAT PARKING IS BEING UTILIZED IN 20:58:47 AREAS THAT ARE TOWN CENTERS WHEN THOSE BUSINESSES REAPPLY. 20:58:50 AND THAT'S SIMPLY NOT AN ISSUE WE HAVE IN FREMONT 20:58:54 BECAUSE AS I MENTIONED WE ONLY HAVE 20:58:57 TWO REALLY OPERATING ONES THAT WERE OPERATING IN THE 20:59:00 PUBLIC RIGHT-OF-WAY SO WE DON'T ANTICIPATE HAVING 20:59:03 THOSE PUBLIC PATIOS HAVING REALLY ANY IMPACT 20:59:07 ON PUBLIC PARKING. 20:59:10 >> Commissioner Zhang: THIS IS THE FIRST TIME WE ISSUE TO THE 20:59:13 AUDIENCE, COULD WE BE MORE CAUTIOUS, IF 20:59:17 BETTER TO DO MORE RESTRICTIVE IN THE 20:59:20 BEGINNING RELAX LATER, RATHER THAN 20:59:24 RELAX IT FIRST AND SIGH PROBLEMS YEARS LATER 20:59:27 , IT'S HARD TO FIX, I GUESS 20:59:30 GUESS. SOME OF THOSE GRANDFATHERED 20:59:34 PERMITS WOULD JUST HANG THERE, HARD TO FIX, IS THAT CORRECT? 20:59:37 HAS IT HAPPENED BEFORE? >> I DEFINITELY UNDERSTAND 20:59:40 THE CONCERN RIGHT? WE DON'T WANT TO CREATE A 20:59:43 SITUATION WHERE WE'RE TRYING TO PEEL BACK REGULATIONS. 20:59:46 I THINK AT THE END OF THE DAY, OUR ORDINANCE WAS 20:59:49 WRITTEN WITH THE IDEA OF REALLY ENCOURAGING 20:59:52 THESE USES AS A TYPE OF VIBRANT USE THAT 20:59:56 WOULD BE TRANSFORMATIVE FOR A SHOPPING CENTER OR 20:59:59 A DOWNTOWN AREA AND, YOU KNOW, WE RECOGNIZE THAT BUSINESSES ARE 21:00:02 STILL RECOVERING STRT CODONE PANDEMIC AND WE WANT 21:00:05 TO TRY AND HELP THEM OUT BY 21:00:08 CONTINUING TO FACILITATE THESE SPEAS IS 21:00:12 . REDUCING THAT RED TAPE THAT WOULD BE ASSOCIATED WITH 21:00:15 A YEARLY CHECK IN OR OTHER RESTRICTIONS CREATING THOSE 21:00:18 ONSTREET SPACES WE ARE REALLY TRYING TO FACILITATE 21:00:21 THEM UNDERSTANDING THAT THERE STILL ARE REALLY 21:00:24 SIGNIFICANT BARRIERS TO THEIR CREATION WITHOUT 21:00:28 US IMPOSING ADDITIONAL ONES AS WE HAVE SEEN THROUGH THE LACK 21:00:31 OF THEM IN THE CITY. SO THAT WAS REALLY OUR INTENTION 21:00:34 WITH THE ORDINANCE AND WHY WE CHOSE NOT TO IMPOSE 21:00:38 THOSE TYPES OF RESTRICTIONS ON ONSTREET 21:00:41 PATIOS. 21:00:44 >> Commissioner Zhang: ALL RIGHT. 21:00:50 >> THIS IS CLIFFORD NGUYEN, 21:00:54 ASSOCIATE PLANNING MANAGER. IF I UNDERSTAND 21:00:57 COMMISSIONER ZHANG'S QUESTION CORRECTLY, IF IT'S 21:01:00 IN THE PUBLIC RIGHT-OF-WAY OR PUBLIC SPACE WE DO ISSUE 21:01:04 A PERMIT. THE CITY LAST THE DISCRETION TO 21:01:08 REVOKE OR ISSUE THAT PERMIT. AS COURTNEY HAS MENTIONED 21:01:11 WITH OTHER CITIES THEY'RE TRYING TO BALANCE THE NEED OF 21:01:14 ONSTREET PARKING VERSUS ALLOWING FOR 21:01:17 SOME FLEXIBILITY FOR RESTAURANTS IN 21:01:21 VERY URBANIZED AREAS IN CITIES 21:01:24 LIKE SAN FRANCISCO, FOR EXAMPLE. TO HAVE THE ABILITY TO HAVE AN 21:01:27 OUTDOOR DINING SPACE. BUT AT THE SAME TIME, THOSE CITIES 21:01:30 DO HAVE A RENEWAL FEE. AND ACTUALLY, THERE IS 21:01:33 A MONTHLY FEE TO USE THE PUBLIC SPACE 21:01:36 . SO IT'S NOT FOR FREE. HERE, 21:01:39 WE ARE TRYING TO HELP OUR BUSINESSES OUT 21:01:43 IN THE BEST WAY WE CAN. IT'S BEEN A LONG ROAD 21:01:46 TO RECOVERY. WE'RE NOT DONE YET. 21:01:49 AND AS COURTNEY HAS MENTIONED THERE'S 21:01:52 ONLY THREE ACTUALLY BUSINESSES TAKING ADVANTAGE OF USING THE 21:01:56 PUBLIC RIGHT-OF-WAY. AND WHERE WE WILL SEE THAT WILL PROBABLY 21:01:59 BE IN NILES, WHERE WE HAVE 21:02:03 DIAL NAG PARKING, POTENTIALLY ON PACIFIC COMMONS, 21:02:06 IF IT DOES BECOME A NEED, AND THEN ALONG 21:02:09 -- WITHIN OUR DOWNTOWN, CAPITOL AVENUE, AND THOSE 21:02:12 ARE THE AREAS WHERE I THINK THIS COULD OCCUR 21:02:15 WHERE THEY'RE CALLED PARK LETS 21:02:18 IN THE PUBLIC RIGHT-OF-WAY. >> Commissioner Zhang: I 21:02:21 HAVE QUITE A CONCERN HERE BECAUSE IF WE 21:02:25 ALLOW THIS BUSINESS USE OF THE PUBLIC SPACES 21:02:28 EVERYWHERE IN THE CITY THERE MIGHT BE SOMEWHERE THAT WE 21:02:33 UNFORESEEN THAT 21:02:36 WE DON'T USE SAFE STREET OR I MEAN 21:02:39 IN LIKE CENTRAL FREMONT SOMEWHERE. 21:02:43 I -- BECAUSE YOU MENTION COUPLE OF 21:02:46 HOT SPOTS THAT YOU ANTICIPATE HAVE THE 21:02:50 PERMIT ALLOW PARKING, IS THERE A WAY WE CAN 21:02:53 LIMIT THAT THIS PUBLIC PARKING 21:02:57 SPACE, THIS PARKING LOT CAN BE ONLY ON 21:03:00 THAT STREET OR IN 21:03:03 CERTAINLY BLOCKS THAT ALLOW 21:03:08 ? I MEAN -- >> YES, 21:03:11 THERE IS ALREADY SOME LIMITATIONS. MAYBE COURTNEY 21:03:14 YOU CAN POINT OUT THE LIMITATIONS, THE 21:03:18 SIZE LIMITATIONS ET CETERA. >> YES SO 21:03:23 -- >> Commissioner Zhang: NOT REALLY SIZE BUT 21:03:26 LIKE PACIFIC COMMONS, CENTRAL FREMONT THAT 21:03:29 AREA, LIMITED THOSE BUSINESSES CAN USE BASED 21:03:32 ON SOME RESEARCH, AND THEN ANY ADDITIONAL 21:03:36 STREET IS EITHER DISALLOWED OR 21:03:39 WE CAN MAKE 21:03:42 AMENDMENT TO OUR AUDIENCE IN THE FUTURE. 21:03:45 >> YES, SO JUST TO BE CLEAR I MEAN THE ONSTREET PATIOS 21:03:49 ARE ONLY SPECIFICALLY ALLOWED IN 21:03:52 ONSTREET PARKING AREAS WHICH GENERALLY ARE LIMITED TO 21:03:56 OUR TOWN CENTER AREAS AND OUR DOWNTOWN AREA ALREADY JUST BY 21:03:59 THE NATURE OF THE STREET FORM IN THOSE 21:04:02 COMMERCIAL AREAS. SO 21:04:05 THERE WASN'T, DIDN'T SEEM TO BE 21:04:08 REALLY A NEED TO LIMIT THAT BECAUSE OF THE FACT THAT THE CONDITIONS THAT 21:04:12 THOSE PATIOS COULD BE CREATED WERE ALREADY RESTRICTED 21:04:15 GEOGRAPHICALLY BASED ON THE AVAILABILITY OF ONSTREET PARKING 21:04:18 WITHIN BUSINESS DISTRICTS WHICH IS, YOU KNOW, GENERALLY LIMITED TO THAT 21:04:21 AREA. WHAT I'D ALSO ADD IS 21:04:25 THAT, FOR, YOU KNOW, 21:04:28 THE KIND OF GENERAL RESTRICTIONS BY DISTRICT, ONE OF THE 21:04:31 THINGS THAT, YOU KNOW, IS DEFINITELY CENTRAL TO MIND IS LIKE 21:04:34 THE SPEED OF THE ROADWAY, RIGHT, AND MAKING SURE THAT 21:04:37 WE'RE ONLY ALLOWING THESE ON ROADWAYS WHERE 21:04:41 THERE IS, YOU KNOW, A SUFFICIENT SPEED LIMIT AND BARRIER TYPE TO 21:04:43 PROTECT THEM. AND RIGHT NOW OUR PUBLIC WORKS 21:04:47 DEPARTMENT HAS ONLY IDENTIFIED AREAS THAT ARE SAFE UP TO 21:04:51 40 MILES PER HOUR. AND SO THAT DOES PROVIDE 21:04:55 WHILE IT'S NOT 21:04:58 COMPLICITLY LIMITED, BARRIERS THAT COULD 21:05:01 ALLOW THEM FASTER IN THE FUTURE, IT COULD BE A POSSIBILITY, 21:05:04 FOR NOW WE'RE RESTRICTING IT TO ESSENTIALLY 21:05:06 THAT SPEED LIMIT BASED ON SAFETY FACTORS. 21:05:09 SO I WOULD THINK THAT THE COMBINATION OF BOTH THE 21:05:13 SPEED LIMIT, LIMITATIONS 21:05:16 OF THE BEAR IMRERS IN THE ORDINANCE AND THE ADMINISTRATIVE LIST 21:05:19 AND THE AVAILABILITY OF ONSTREET PARKING 21:05:22 SUFFICIENTLY LIMITS THE AREAS IN WHICH THESE CAN BE CREATED 21:05:25 TO ESSENTIALLY THE AREAS WE'RE ALREADY TALKING ABOUT. 21:05:28 BUT THAT'S, YOU KNOW, A HYPOTHESES 21:05:32 HYPOTHESIS AND NOT 21:05:35 SOMETHING I'VE KNOCKED OUT YET. 21:05:40 >> COMMISSIONER ZHANG, IN AREAS LIKE NILES WHERE THE CITY 21:05:44 HAS AMPLE PARKING, THE CITY OWNS TWO LARGE PARK 21:05:47 ING LOTS IN NILES, THERE IS 21:05:51 NO PARKING ISSUE THAT WE KNOW MUCH, AND THE 21:05:54 URBAN DISTRICT THE THOUGHT IS TO GET PEOPLE OUT 21:05:57 OF THEIR CARS TO MAKE THE DOWNTOWN AREA MUCH MORE 21:06:00 WALKABLE AND THERE ARE NO PARKING ISSUES IN DOWNTOWN. 21:06:03 WE UNDERSTAND YOUR CONCERN AND WE THINK THAT SOME BUSINESSES MAY 21:06:07 TAKE ADVANTAGE OF THIS. CERTAINLY, IF 21:06:10 WE GO INTO ANOTHER SORT OF SHELTER 21:06:13 IN PLACE AND THEY CLOSEth DOOR DIKE 21:06:17 DINING WE MAY GET MORE OF THIS BUT 21:06:20 THIS IS SOMETHING THAT, FOR MOST BUSINESSES NOW THAT 21:06:23 INDOOR DINING IS ALLOWED IT IS AN OPTION FOR 21:06:26 THEM TO HAVE AN OUTDOOR DINING SPACE AS WELL. 21:06:29 SO -- 21:06:33 >> Commissioner Zhang: IT SEEMS LIKE YOU HAVE GOOD 21:06:36 CANDIDATES AND ALSO MANY RULES THERE. WHY DON'T WE JUST MAKE 21:06:39 IT CLEAR IN THE ORDINANCE 21:06:43 OR, SAY, OTHERWISE, 21:06:48 THOSE ABILITIES MAY CAUSE 21:06:52 PROBLEM FOR THE AUDIENCE 21:06:55 , RIGHT? >> Planner Pullen: I HEAR YOUR 21:06:58 ISSUES, COMMISSIONER, WHEN I LOOK BACK TO SEE WE HAVE ONE 21:07:02 OPERATING I THINK WE HAD THREE APPROVED AND ONE 21:07:05 WAS CURRENTLY OPERATING IN THE CITY OF THIS 21:07:08 SIZE, THAT I WOULD LOVE TO HAVE THAT PROBLEM 21:07:11 WHERE THEY WERE -- WE WERE BUSTING AT THE SEAMS 21:07:16 AND, YOU KNOW, TRYING TO 21:07:19 PEEL BACK. BUT THE TONE HERE YOU CAN TELL 21:07:22 FROM THE ORDINANCE AND THE WORK THAT COURTNEY ANSWER DONE IS 21:07:25 TO BE WELCOMING OF THE CONTINUING OF 21:07:29 THIS TREND. AND SO I HESITATE TO 21:07:32 PUT BARRIERS. BUT I UNDERSTAND MAYBE IT'S 21:07:35 SOMETHING WE WOULD NEED TO REVISIT OVER TIME 21:07:39 . 21:07:51 I SIGH THOSE WIND BLOCKERS PRETTY ORDER 21:07:54 LY FROM THIS AUDIENCE, IS THAT ALLOWED OR 21:07:57 -- >> YES, SO UNDER THE POP UP PATIO PROGRAM 21:08:02 TENTS WERE DEFINITELY ONE OF THE STRUCTURES THAT WERE YOU KNOW 21:08:05 KIND OF -- WE WERE ALLOWING OUT 21:08:10 OF NECESSITY BECAUSE WE UNDERSTOOD 21:08:13 THAT IN THE WINTER NO ONE WANTS TO EAT OUTSIDE ON A 21:08:16 RAINY DAY WITHOUT A CANOPY OVER THEIR HEAD SO WE 21:08:20 WERE VERY FLEXIBLE IN TERMS OF THE TYPES OF TENTS WE 21:08:23 WERE PERMITTING. UNDER THE ORDINANCE HOWEVER 21:08:26 TENTS ALSO BECOME FURTHER RESTRICTED. SO THERE ARE ADDITIONAL 21:08:31 STANDARDS THAT TENTS UNDER THE ORDINANCE NEEDS TO MEET IN TERMS 21:08:34 OF THEIR, YOU KNOW, KIND OF STRUCTURAL STABILITY AND DESIGN 21:08:37 AS WELL AS THEIR FIRE CERTIFICATION AND 21:08:40 OTHER REQUIREMENTS 21:08:45 RELATED TO FIRE SAFETY. AT THE END OF THE DAY WE 21:08:48 DECIDED TO NOT PUT ANY EXPLICIT REGULATIONS IN THE 21:08:51 ORDINANCE REGARDING THE DESIGN OF TENTS. BECAUSE WE FELT THAT IT COULD 21:08:55 VARY ACROSS DISTRICTS. 21:08:58 BUT THE SHORT ANSWER TO YOUR QUESTION IS WITH THE REGULATION 21:09:01 S CONTAINED IN THE ORDINANCE THE TYPES OF TEMPORARY TENTS THAT 21:09:05 PEOPLE HAVE NOW WILL JUST NOT BE PERMITTED UNDER THE 21:09:08 BUILDING AND FIRE REGULATIONS THAT WE HAVE SO THOSE TENTS WILL 21:09:11 NEED TO BE UPGRADED TO ANOTHER LONG 21:09:14 TERM PRODUCT IF THE ORDINANCE GOES INTO EFFECT AND PEOPLE CHOOSE 21:09:17 TO KEEP THEM OUTDOORS. 21:09:28 YORS IF 21:09:31 >> Commissioner Zhang: IF I READ CORRECTLY 21:09:35 THOSE TENTS HAVE TO REMOVED AFTER BUSINESS HOURS? 21:09:38 >> OUR BUSINESS REGULATIONS SPECIFY THAT FURNITURE OR OTHER 21:09:41 YOU KNOW LIKE UMBRELLAS, OVER MOVABLE 21:09:45 TEMPORARY FURNISHINGS NEED TO BE REMOVED REALLY FOR THE BENEFIT 21:09:48 OF THE BUSINESSES TO ESSENTIALLY PREVENT PEOPLE FROM 21:09:51 COMING IN AND STEALING THOSE ITEMS OR FROM CREATE 21:09:54 ING KIND OF SHELTER IN THOSE ITEMS. THE BUSINESSES 21:09:58 HOWEVER CAN 21:10:01 LEAVE ANYTHING THAT'S TOO BIG TO BE MOVED. 21:10:04 SO THAT WOULD INCLUDE BARRIERS. THAT WOULD INCLUDE STRUCTURES LIKE 21:10:07 TENTS AND ANYTHING THAT WOULD YOU KNOW CAUSE HARM TO 21:10:10 AN EMPLOYEE. TO KIND OF MOVE 21:10:14 ON A DAILY BASIS. >> Commissioner Zhang: 21:10:17 I SEE. HOPEFULLY, UNDERSTAND MY CONCERN 21:10:20 IS, IF 21:10:23 BUSINESS -- IT'S NICE TO HAVE OTHER DINE 21:10:28 ING, BUT IF THE BUSINESS JUST BE 21:10:31 THOSE TENTS WITH THOSE WIND BLOCKERS ALMOST 21:10:35 PERMANENT STRUCTURE LIKE WE SEE 21:10:38 IN THE PANDEMIC THAT THERE IS, IT IS NOT GOING TO MAKE OUR CITY 21:10:41 ANY BETTER, ANY MORE BEAUTIFUL 21:10:45 , ANY BETTER, THAT IS MY CONCERN. YEAH, 21:10:49 THAT'S ALSO, FOR ME. 21:10:51 THANK YOU. >> Commissioner Daulton: ANY 21:10:54 OTHER QUESTIONS FROM COMMISSIONERS? 21:10:58 IN NOT, I WOULD LIKE TO GET A MOTION ON THIS 21:11:01 AGENDA ITEM PLEASE. 21:11:19 >> WE NEED TO OPEN PUBLIC COMMENT. 21:11:22 >> Commissioner Daulton: DO WE HAVE PUBLIC COMMENT? >> IF ANYBODY 21:11:25 WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE GO AHEAD AND RAISE YOUR HAND 21:11:29 AND I'LL ALLOW YOU TO SPEAK. OKAY, DON'T SEE ANY HANDS SO 21:11:31 WE DON'T HAVE ANY SPEAKERS, THANK YOU. 21:11:35 >> Commissioner Daulton: ALL RIGHT SO I'M GOING TO GO DIRECTLY TO 21:11:37 ASKING FOR A MOTION THEN. >> Commissioner Yee: OKAY, I 21:11:40 MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION 21:11:44 . 21:11:54 >> Commissioner Daulton: CAN I GET A SECOND 21:11:58 ? >> Commissioner Liu: SECOND. 21:12:00 >> Commissioner Daulton: COMMISSIONER YEE MADE THE MOTION 21:12:03 AND COMMISSIONER LIU MADE THE SERK. CAN WE GET A ROLL 21:12:07 CALL. >> Planner Pullen: 21:12:10 OKAY, CHAIR DAULTON. AYE 21:12:14 . COMMISSIONER RAO IS ABSENT 21:12:19 , ECONOMY, AYE 21:12:23 . COMMISSIONER LIU 21:12:27 , YES. 21:12:30 COMMISSIONER STECKLER, YES, AND 21:12:33 COMMISSIONER ZHANG. NO IN 21:12:37 THIS FORM. >> Planner Pullen: 21:12:40 FOUR YES, ONE NO, YOUR COMMENTS WILL BE 21:12:43 FORWARDED TO THE COUNCIL FOR THEIR 21:12:46 CONSIDERATION. >> Commissioner Daulton: THAT IS OUR FINAL 21:12:49 AGENDA ITEM SO THIS GOES ON TO DISCUSSION ITEMS? DO WE 21:12:53 HAVE ANY MISCELLANEOUS OR DISCUSSION ITEMS, JOEL 21:12:56 ? >> Planner Pullen: YES, SO I WANTED TO GIVE YOU 21:12:59 A COUPLE OF UPDATES ON 21:13:02 THE LAST COUNCIL HEARING ON 21:13:06 APRIL 5th OR THE PREVIOUS COUNCIL HEARING ON APRIL 21:13:09 5th THE SECOND READING OF THE PLANNED 21:13:12 DISTRICT FOR THE SCANNELL PROJECT 21:13:15 , OFF OF 21:13:19 ALBRAE WAS APPROVED AND THE FIRST READING 21:13:22 OF COUNCIL. ALSO AT THAT HEARING WE BROUGHT A PRESENTATION 21:13:26 OF THE HOUSING ELEMENT THAT YOU HAD SEEN SIMILARLY A LITTLE EARLIER 21:13:29 , WE BROUGHT THAT TO CITY COUNCIL AND 21:13:32 GOT SOME GOOD FEEDBACK FROM THE COUNCIL AND THE COMMUNITY AND WE 21:13:35 CONTINUED TO DO HOUSING ELEMENT OUTREACH WITH INTEREST 21:13:38 ED PARTIES AND OTHER BOARDS AND COMMISSION IS WORKING FORWARD ON 21:13:42 THAT PROJECT. ALSO ON THE 5th WE HAD A 21:13:45 NEW COMMISSIONER WHO WAS APPOINTED. AND SO NOW WHEN THAT 21:13:48 COMMISSIONER IS SEATED IN MAY, WE'LL HAVE 21:13:52 A FULL COMMISSIONER AGAIN. THAT 21:13:55 NEW COMMISSIONER'S NAME IS JASMINE 21:13:58 BOSRAI, SOME OF YOU 21:14:01 KNOW HER, SHE IS GETTING SITUATED 21:14:05 AND WILL BE JOINING US SOON ON A 21:14:07 FULL COMMISSION. THAT IS ALL FROM ME. 21:14:10 >> Commissioner Daulton: THANK YOU JOEL. DO WE HAVE ANY ANNOUNCEMENTS 21:14:13 FROM THE COMMISSIONERS TONIGHT? NO? ALL RIGHT, SEEING 21:14:16 NONE, I BELIEVE WE 21:14:20 CAN ADJOURN THIS MEETING AND I THANK YOU 21:14:23 ALL FOR YOUR PARTICIPATION 21:14:26 .