19:02:11 >> PLEASURE. I PLEDGE ALLEGIANCE 19:02:14 TO THE FLAG OF THE UNITED STATES OF AMERICA, AND 19:02:17 TO THE REPUBLIC FOR WHICH IT STANDS 19:02:20 ONE NATION INDIVISIBLE 19:02:27 WITH LIBERTY AND JUSTICE FOR ALL 19:02:31 ALL. >> Commissioner Daulton: I WOULD NORMALLY ASK PEOPLE TO 19:02:34 SILENCE THEIR ELECTRONIC DEVICES BUT THINGS ARE A LITTLE DIFFERENT 19:02:37 SO I'M GOING TO CALL UPON 19:02:40 JOEL PULLEN TO EXPLAIN, INTRODUCE STAFF AND 19:02:43 TO TAKE ROLT CALL. >> Planner Pullen: WELCOME 19:02:46 EVERYBODY. AND THANK YOU CHAIR. THIS MEETING'S BEING CONDUCT 19:02:50 ED VIRTUALLY DURING THE DECLARED PANDEMIC. THE 19:02:53 LIVE STREAM OF THE MEETING MAY BE VIEWED ON COMCAST 19:02:56 CABLE TELEVISION CHANNEL 27 19:02:59 AND/OR ONLINE AT THE 19:03:03 LIVE WEB CAST AT THE CITY'S WEBSITE. DETAILS CAN 19:03:06 BE FOUND AT FREMONT.GOV. OUR 19:03:09 PUBLIC PROTOCOL ALLOWS THE PUBLIC TO BE UN 19:03:12 MUTED BY THE CLERK. USING THE RAISED 19:03:15 HAND FEATURE. THE CLERK WILL RECOGNIZE FEATURES 19:03:19 DURING ORAL COMMUNICATION OPPORTUNITIES. E-MAILS HAVE 19:03:22 BEEN PREVIOUSLY PROVIDED TO THE COMMISSION. I'LL START WITH 19:03:26 TONIGHT, COMMISSION ROLL CALL. WHEN YOU HEAR YOUR 19:03:29 NAME RESPOND, STARTING WITH 19:03:32 CHAIR DAULTON. HERE. VICE 19:03:35 CHAIR RAO, HERE. 19:03:39 COMMISSIONER YEE? HERE 19:03:41 . COMMISSIONER STECKLER. HERE. 19:03:50 COMMISSIONER LIU, PRESENT. AND COMMISSIONER 19:03:53 ZHANG, I'M HERE. AND COMMISSIONER BASRAI. HERE. 19:03:59 ALL PRESENT CHAIR. I'LL NEXT INTRODUCE STAFF WHO ARE PARTICIPAT 19:04:02 ING TONIGHT. MY NAME AGAIN THE JOEL PULLEN 19:04:03 . I'M THE PLANNING COMMISSION SECRETARY. 19:04:06 JOINING US FROM THE CITY ATTORNEY'S OFFICE TONIGHT IS 19:04:10 SENIOR DEPUTY CITY ATTORNEY HEATHER LEE AND 19:04:13 SHE UNFORTUNATELY JUST GOT DISCONNECTED AND SHE'S GOING TO 19:04:16 BE RECONNECTING SHORTLY. TONIGHT'S RECORDING CLERKS 19:04:19 ARE MARIA SALINAS AND 19:04:22 TRISH CORDOVA. THE APPLICANTS ARE ALSO ON THE CALL 19:04:25 . AS PANELISTS IN ORDER TO FACILITATE 19:04:29 PRESENTATION AND FEEDBACK FROM THE COMMISSION FOR EVERYONE ON THE CAUGHT 19:04:32 , PLEASE GENERALLY MUTE YOUR LINE WHEN YOU ARE NOT SPEAKING AND 19:04:35 THEN PLEASE ANNOUNCE YOUR NAME WHEN YOU START TO SPEAK FOR BENEFIT OF 19:04:38 THOSE WHO MAY BE ON THE PHONE AND NOT RECOGNIZE YOUR VOICE 19:04:42 . ALL PANTISTS UNLESS YOU ARE ON THE COMMISSION OR 19:04:45 THE ATTORNEY OR MYSELF PLEASE TURN OFF 19:04:49 YOUR AUDIO AND VIDEO UNTIL PUBLIC HEARING IS ACTIVE FOR 19:04:53 YOUR ITEM AND THEN TURN OFF THE AUDIO AND VIDEO ONCE 19:04:56 THE PUBLIC HEARING CLOSES FOR YOUR ITEM 19:05:03 . COMMISSIONERS PLEASE ASK TO BE RECOGNIZED BY THE 19:05:05 DELIBERATING. WITH THAT CHAIR I'LL PASS THE MEETING BACK TO YOU 19:05:08 . >> Commissioner Daulton: THANK YOU JOEL. 19:05:11 WE DO HAVE MINUTES FROM MAY THE 12th TO REVIEW TONIGHT 19:05:14 . IF THERE ARE NO CORRECTIONS TO THOSE 19:05:17 MINUTES, I WOULD ASK 19:05:21 FOR A MOTION TO APPROVE THEM. 19:05:27 >> Commissioner Yee: I'LL MAKE A MOTION TO APPROVE THE MEETING MINUTES 19:05:31 FROM MAY 12th. >> Commissioner Daulton: CAN I GET A 19:05:34 SECOND? 19:05:38 >> Commissioner Rao: I CAN SECOND. >> Commissioner Daulton: A MOTION 19:05:42 FROM COMMISSIONER YEE AND A SECOND 19:05:47 FROM CUSTOMER 19:05:50 RAO. JOEL WOULD YOU 19:05:55 TAKE ROLL. 19:05:59 >> Planner Pullen: I WILL. [ ROLL CALL ] 19:06:12 THOSE MINUTES ARE APPROVED UNANIMOUSLY. 19:06:18 7-0. BACK TO YOU CHAIR. 19:06:20 LET'S DISCUSS ANY DISCLOSURES THAT THE COMMISSIONERS HAVE 19:06:25 ON AGENDA ITEMS IN FRONT OF US TONIGHT. 19:06:27 I'D LIKE TO BEGIN WITH COMMISSIONER YEE. 19:06:31 >> Commissioner Yee: I WENT TO ALL THE SITES AND IN PARTICULAR TO THE 19:06:34 MISSION PARADISE PROJECT. I MET WITH ONE OF THE APPLICANTS AND THEN SPOKE 19:06:38 WITH SEVERAL BUSINESSES IN THE AREA. AND THEN FOR THE 19:06:41 CHEVRON CUP PROJECT I WENT TO THE SITE, 19:06:44 SPOKE WITH THE MANAGER THERE AND THEN I ALSO WENT TO THEIR 19:06:48 SISTER SITE, 300 MOWRY AND SPOKE WITH THE 19:06:51 MANAGER THERE AS WELL. >> Commissioner Daulton: THANK YOU 19:06:54 . COMMISSIONER LIU. 19:06:58 CHARLES, YOU'RE ON MUTE. 19:07:04 >> Commissioner Liu: I VISITED THE BROWN ROAD JOB SITE 19:07:08 . AS WELL I SPOKE WITH THE APPLICANT. AND 19:07:11 ALSO VISITED THE 19:07:15 270 WASHINGTON JOB SITE. 19:07:18 THAT'S IT. >> Commissioner Daulton: OKAY 19:07:22 . COMMISSIONER ZHANG. 19:07:28 >> Commissioner Zhang: I WAS AT THE MISSION PARADISE SITE. 19:07:31 I TALKED WITH 19:07:35 TWO AND ALSO THE 19:07:38 OWNER. AND THE BROWN SITE. THAT'S PRETTY MUCH, YEAH 19:07:41 . >> Commissioner Daulton: ALL RIGHT, THANK YOU 19:07:44 . COMMISSIONER RAO. >> Commissioner Rao: HI. 19:07:47 I VISITED MOST OF THESE SITES. 19:07:50 MISSION PARADISE, 19:07:54 12453, AND ALSO 19:07:57 MET WITH THE 19:08:02 PLAZA, THAT'S IT. >> Commissioner Daulton: THANK YOU. 19:08:07 COMMISSIONER STECKLER. >> Commissioner Steckler: I 19:08:10 VISITED ALL SIX SITES, DROVE BY ALL 19:08:13 . >> Commissioner Daulton: AND COMMISSIONER BASRAI 19:08:17 . >> Commissioner Basrai: I VISITED THE MISSION PARADISE SITE 19:08:20 , SPOKE TO A LOCAL BUSINESS OWNER. I VISITED 19:08:24 THE TRIPLE E SITE AND THE CHEVRON 19:08:26 SITE JUST VISITED. >> Commissioner Daulton: ALL RIGHT, THANK YOU. 19:08:29 AND I WALKED EACH OF THE SITES ON OUR LIST TONIGHT 19:08:32 . 19:08:36 SO IT APPEARS THAT WE HAVE NO ITEMS ON CONSENT 19:08:39 CALENDAR TONIGHT. SO I'D LIKE TO GO STRAIGHT 19:08:42 TO -- >> Commissioner Yee: OH 19:08:46 , COMMISSIONER 19:08:50 DAULTON. I WOULD LIKE TO RECOMMEND WE 19:08:53 COULD TAKE TWO OF THE ITEMS AND PUT THEM INTO THE 19:08:59 CONSENT ITEMS. I'D LIKE THE ANNUAL 19:09:02 REVIEW AND THE PARK 19:09:07 57 INTO THE CALENDAR 19:09:10 . >> Planner Pullen: I'LL BEAT TO YOU THE PUNCH 19:09:13 . WE ARE NOT ABLE TO PUT THOSE 19:09:17 ON CONSENT CALENDAR, BECAUSE THEY ARE 19:09:21 PUBLIC HEARING ITEMS. EVEN THOUGH THERE IS NO ONE HERE TO 19:09:24 SPEAK TO THOSE ITEMS WE NEED OPUT THEM INTO 19:09:27 THE AGENDA. >> Commissioner Daulton: I HEAR YOU LOUD AND CLEAR. 19:09:30 IN THAT CASE, LET'S MOVE INTO 19:09:34 THE PUBLIC COMMUNICATIONS PART OF THE MEETING. IF YOU WOULD 19:09:37 LIKE TO SPEAK TO ANYTHING THAT IS NOT ON THE 19:09:40 AGENDA, PLEASE VIRTUALLY RAISE YOUR HAND AND 19:09:43 EVERYONE GETS TWO MINUTES TONIGHT. TRISH DO WE HAVE ANY 19:09:46 SPEAKERS? >> CHAIR DAULTON, WE 19:09:49 HAVE A SPEAKER, ACTUALLY I SEE TWO SPEAKERS BUT 19:09:52 I'LL START WITH THE FIRST. KELLY A YOU NOW 19:09:56 HAVE PERMISSION TO SPEAK. GO AHEAD. 19:10:01 >> THANK YOU. FIRST OFF, THE HOUSING ELEMENT THAT SOME 19:10:04 OF YOU MIGHT BE FAMILIAR WITH, IF YOU WOULD KIND OF TAKE 19:10:07 A CLOSE LOOK AT THAT. MISSION SAN JOSE IS SORT OF ABSENT 19:10:10 FROM THAT. THERE IS A LONG STRIP OF 19:10:13 PROPOSED HIGH DENSITY HOUSING DEVELOPMENT ALL 19:10:16 ALONG FREMONT BOULEVARD AND DOWNTOWN. 19:10:19 BUT MISSION SAN JOSE, THE TOWN CENTER FROM MISSION SAN JOSE IS OVER 19:10:23 LOOKED OR OMITTED AND THAT IS GOING TO CAUSE THE -- THAT 19:10:26 IS CAUSING THE DEGRADATION, 19:10:31 THE COLLAPSE OF THE COMMERCIAL CENTER 19:10:34 OF MISSION SAN JOSE. THOSE OF YOU WHO WALKED AND BIKED 19:10:37 AND TALKED ALL AROUND THAT NEIGHBORHOOD, YOU MIGHT 19:10:41 HAVE NOTICED THERE IS A THING CALLED MISSION BURGER, 19:10:44 IT'S CLOSED, SIGNS ALL OVER SAYING 19:10:47 THEY'RE COMING BACK BUT IT'S DEAD. 19:10:51 THERE ARE DON'T CONFORM TO THE CURRENT LAWS AND IF 19:10:54 SOMEONE TRIED TO BUILD NEW ONES THEY WOULD BE ILLEGAL. IT IS ONE 19:10:58 OF THE VIABLE COMMERCIAL BUILDINGS THERE. 19:11:01 THE BANK OF AMERICA IT'S A NICE BUILDING 19:11:04 BUT IT'S OF IT'S DEAD, IT'S CLOSED, LOCKED. 19:11:08 THE STARBUCKS, IT IS CLOSED. THE SEARCH 11 19:11:11 IT CLOSED, THE McGIVE 19:11:14 R HARDWARE IS CLOSED. THESE THINGS 19:11:17 ARE CLOSING NOT BECAUSE OF COMMERCIAL INTEREST ON THE PART OF 19:11:20 POLITICIANS AND THE PLANNERS, NO. WHAT'S KILLING THEM IS A LACK 19:11:24 OF HOUSING DEVELOPMENT. THIS PLACE IS UNDERDEVELOPED WITH A 19:11:28 HUGE HOUSING DEMAND AND THERE'S VERY LITTLE HOUSING DEVELOPMENT 19:11:31 GOING ON. SO I'D LIKE FOR ALL OF THE PEOPLE 19:11:34 IN FREMONT ESPECIALLY THE PLANNERS AND THE POLITICIANS 19:11:37 , AND THE MEMBERS OF THE PLANNING COMMISSION, EVERYONE 19:11:40 WHO HAS MADE SURE THAT HOUSING DEVELOPMENT DOESN'T HAPPEN 19:11:44 IN MISSION SAN JOSE, YOU SHOULD TAKE CREDIT FOR 19:11:47 KILLING MISSION SAN JOSE. AND EVERYONE SHOULD TAKE 19:11:50 A DEEP BOW AND WHEN WE RETURN IT TO THE FARM 19:11:53 FIELDS THAT IT ONCE WAS, YOU 19:11:57 WILL HAVE FULL CREDIT FOR THAT, 19:11:59 THANKS. >> Commissioner Daulton: ALL RIGHT, THANK YOU MR. KELLY. 19:12:03 MAY I HAVE THE NEXT SPEAKER PLEASE? >> YES 19:12:06 , CHAIR DAULTON WE HAVE ANOTHER SPEAKER. THE NEXT 19:12:09 SPEAKER IS ANNIE. GO AHEAD AND SPEAK. 19:12:14 >> YES, I'M ANNIE FOR FREMONT FOR EVERYONE AND 19:12:17 BECAUSE YOU HEARD ME LESS THAN 30 MINUTES AGO I 19:12:20 DON'T FEEL THE NEED TO FULLY REINTRODUCE MYSELF AGAIN 19:12:23 . I'M HERE TO SPEAK A LITTLE BIT MORE ON THE DRAFT 19:12:26 HOUSING ELEMENT BECAUSE FREMONT FOR EVERYONE 19:12:29 'S ANALYSIS LIKE I SPOKE EARLIER QUITE FRANKLY 19:12:32 HAS SO MANY GREAT ITEMS THAT 19:12:35 I'M EXCITED ABOUT I RAN OUT OF TIME THE LAST TIME. I 19:12:39 WANT TO RUN OVER POLICY SUGGESTIONS WE HAVE IN OUR 19:12:42 PRELIMINARY REVIEW. FIRST OUR REVIEW SUGGESTS THAT COMMITTING TO 19:12:45 THE FREMONT SPECIFIC POINT IN 19:12:48 TIME COUNT DATA IS RELEASED THAT WE COULD 19:12:52 ADOPT POLICIES THAT COULD MITIGATE THE CAUSES 19:12:55 OF HOMELESSNESS IN FREMONT AS SHOWN IN 19:12:59 THE SURVEY. HOMELESSNESS 19:13:02 IS PRIMARILY AN ECONOMIC 19:13:06 PROBLEM SO SOLUTIONS ARE GOING TO BE REQUIRED LIKE 19:13:09 OTHER TYPES OF SOLUTIONS LIKE MENTAL HEALTH CARE AND 19:13:12 DRUG ADDICTION CARE. THE SECOND THING I WOULD LIKE TO SUGGEST 19:13:16 IS DOING AN URBAN 3 ANALYSIS OF FREMONT TO LEARN 19:13:19 WHICH TYPES OF DEVELOPMENT ARE FISCALLY SUSTAINABLE LONG TERM 19:13:22 . URBAN 3 IS AN ORGANIZATION WHICH AMONG OTHER THINGS 19:13:25 ANALYZES CITY REVENUE PER PARCEL TO LEARN WHICH AREAS 19:13:28 HAVE THE DENSEST AND MOST SUSTAINABLE TAX BASES 19:13:32 AND WHICH AREAS DON'T GENERATE ENOUGH 19:13:35 TAX REVENUE TO SUSTAIN THEMSELVES AND ARE 19:13:39 EFFECTIVELY SUBSIDIZED. AND THE LAST THING THAT I'D LIKE TO 19:13:42 SUGGEST IS THAT AS PART OF THE PERMITTING PROCESS, WE 19:13:45 REQUIRE AN ANALYSIS OF WHETHER A DEVELOPMENT INCREASE 19:13:48 S OR DECREASES CAR 19:13:52 DEPENDENCY AND IF IT WOULD INCREASE CAR DEPENDENCY BY 19:13:54 A SIGNIFICANT FACTOR REQUIRING CHANGES TO PREVENT THAT INCREASED 19:13:58 CAR DEPENDENCY AND INSTEAD WORKING TOWARDS 19:14:01 MIXED USE SPACES OR A WALKABLE AND BIKEABLE SPACE 19:14:04 S THAT ARE VIBRANT FOR EVERYONE AND GOOD FOR 19:14:07 SMALL BUSINESSES. THANK YOU. >> Commissioner Daulton: THANK YOU 19:14:10 ONCE AGAIN ANNIE. TRADITION 19:14:13 TRISH IS THAT OUR LAST SPEAKER? >> WE 19:14:17 HAVE ONE LAST SPEAKER, DAVID BONACCORSI, 19:14:20 GO AHEAD AND SPEAK, PLEASE. 19:14:25 A. >> GOOD EVENING. MY NAME IS DAVID BONACCORSI, 19:14:28 THANK YOU, CHAIR DAULTON AND MEMBERS OF THE PLANNING COMMISSION. I 19:14:31 AM ALSO PART OF THE FREMONT FOR EVERYONE, 19:14:34 I UNFORTUNATELY WAS NOT ABLE TO ATTEND STUDY SESSION. HOWEVER 19:14:37 I WANT TO COMMEND STAFF AND THE PLANNING COMMISSION FOR REALLY DRILLING 19:14:41 DOWN ON THE ASPECTS OF THE HOUSING ELEMENT. THIS IS SO 19:14:44 CRITICAL. I SERVED ON THE PLANNING COMMISSION FROM 19:14:48 2007 UNTIL 2017, AND BECAUSE 19:14:51 OF MY SERVICE THEN, ON THE PLANNING COMMISSION, I'VE GONE 19:14:54 THROUGH ABOUT THREE OR FOUR RHNA 19:14:59 CYCLES AND REALLY MY MAJOR CONCERN AND MAY 19:15:32 HAVE BEEN STRESSED BY OTHERS WHO HAVE ALREADY 19:15:33 ASSUMPTIONS IN TERMS OF PROJECTING FORWARD. AND I AGAIN WANT 19:15:36 TO COMMEND STAFF FOR HAVING MORE OUTREACH THAN I EVER 19:15:40 REMEMBER WHEN I WAS ON THE COMMISSION. AND FOR 19:15:43 THE STUDY SESSION TONIGHT AS WELL AS THE MEETING NEXT WEDNESDAY, WE'LL HAVE 19:15:46 A MORE OR LESS FORMAL 19:15:49 OPPORTUNITY OF HAVING AN EXCHANGE OF IDEAS. BUT PLEASE TAKE 19:15:52 NOTE OF THE COMMENTS THAT WE SUBMITTED EARLIER TODAY THAT'S A 19:15:55 COLLECTIVE EFFORT, AND WE REALLY WANT TO SEE 19:16:00 THE HOUSING ELEMENT CERTIFIED BUT MORE IMPORTANTLY, WE 19:16:02 WANT TO SEE FREMONT MEET 19:16:06 ITS DESPERATE NEED FOR PROVIDING HOUSING FOR THE UNDER 19:16:09 HOUSED AND UNHOUSED. SO GOOD WORK, CONTINUE ON AND 19:16:12 I LOOK FORWARD TO CONTINUING 19:16:16 THIS DIALOGUE. >> Commissioner Daulton: THANK YOU MR. BONACCORSI 19:16:18 . TRISH, IS THAT OUR LAST 19:16:21 SPEAKER? >> ACTUALLY I HAVE ANOTHER SPEAKER. >> Commissioner Daulton: ALL 19:16:24 RIGHT. >> I'LL INTRODUCE THAT SPEAKER. CHRISTINE YOU ARE NOW 19:16:27 -- HAVE PERMISSION TO SPEAK. GO AHEAD 19:16:31 . 19:16:44 >> CAN YOU HEAR ME? >> YES, WE CAN HEAR 19:16:46 YOU. GO AHEAD. >> OKAY GREAT. 19:16:49 MY NAME IS CHRISTINE MUSCLEMAN AND 19:16:53 I'M A LONG TERM RESIDENT OF FREMONT. I'M ALSO 19:16:57 A MEMBER OF FREMONT FOR EVERYONE. 19:17:01 I READ THE 19:17:03 HOUSING ELEMENT. MAINLY I 19:17:06 FOCUS ON THE AFFIRMATIVE 19:17:12 FURTHER FAIR IN HOUSING SECTION, WHAT I 19:17:15 SEEN MAINLY IN HERE IS WHILE THE STAFF DID THE GREAT JOB 19:17:18 IN COMING UP WITH THE HOUSING 19:17:22 ELEMENT, I DON'T SEE IT SIMPLY 19:17:25 HAVING ENOUGH ACTION PLANS THAT MEET THE NEED 19:17:29 FOR AFFORDABLE HOUSING DEMAND IN TREATMENT 19:17:32 . AND ALSO, ENOUGH 19:17:38 ACTION TO MAKE AVAILABLE EVERY NOW AND THEN SPECIFICALLY FOR 19:17:41 VERY LOW INCOME RESIDENTS. 19:17:45 WE ALL KNOW THE ISSUES WE'RE HAVING WITH THE UNHOUSED 19:17:49 NEIGHBORS IN FREMONT AND THOSE FALL IN THE NO INCOME 19:17:52 OR VERY, VERY LOW INCOME CATEGORY. 19:17:56 AND TO BE REALLY AFFORDABLE AND 19:17:59 AVAILABLE FOR FREMONT TO BE AVAILABLE 19:18:04 FOR -- AND FAIR TO ALL 19:18:07 THE RESIDENTS OF ALL TYPE, WE NEED TO ATTEND TO 19:18:12 THAT SECTOR OF THE RESIDENTS 19:18:16 THAT ARE UNDERSERVED CURRENTLY 19:18:19 . GIVEN PRICES OF RENTS AROUND 19:18:23 , EVEN THE AFFORDABLE HOUSING 19:18:27 ASPECT WHERE REDUCED RENTS IS NOT GOING TO COME 19:18:30 CLEAR, CLOSE TO MEETING THE 19:18:33 INCOME LEVEL OF THESE VERY, VERY 19:18:36 LOW INCOME FOLKS. SO I 19:18:39 APPRECIATE THE EFFORT BUT I THINK WE NEED TO BE 19:18:42 A LITTLE BIT MORE AGGRESSIVE IF 19:18:46 WE WANT TO SEE SOLUTIONS FOR OUR UNHOUSED 19:18:49 NEIGHBORS. THANK YOU. >> Commissioner Daulton: THANK YOU 19:18:52 . TRISH, DO WE HAVE ANY MORE SPEAKERS? >> 19:18:56 WE DO NOT HAVE ANY MORE SPEAKERS. >> Commissioner Daulton: ALL RIGHT, THANK YOU. 19:19:00 SO AT THIS TIME I'D LIKE TO OPEN THE PUBLIC HEARING AND MOVE ON TO 19:19:02 OUR REGULAR AGENDA ITEMS. WE HAVE SIX AGENDA ITEMS 19:19:05 THIS EVENING. JOEL IF YOU WOULD, PLEASE READ 19:19:09 THE FIRST ITEM 19:19:12 'S TITLE. 19:19:21 >> Planner Pullen: HERE WE GO, BUTTON WAS NOT 19:19:24 COOPERATING. THE FIRST ITEM IS MISSION PARADISE, 19:19:29 270 WASHINGTON BOULEVARD. PROJECT IS 19:19:31 TO CONSIDER A DISCRETIONARY DESIGN 19:19:34 REVIEW PERMIT, VESTING TENTATIVE TRACT MAP NO. 8487, A PRIVATE STREET, AND A GENERAL PLAN 19:19:38 CONFORMITY FINDING FOR A GENERAL VACATION OF A PORTION OF THE WASHINGTON BOULEVARD AND 19:19:42 ELLSWORTH STREET RIGHT-OF-WAY IN CONJUNCTION WITH A PROPOSED 19:19:46 MIXED-USE DEVELOPMENT CONSISTING OF 13 RESIDENTIAL UNITS AND 19:19:50 3,050 SQUARE FEET OF COMMERCIAL 19:19:55 FLOOR AREA IN THE TOWN CENTER PEDESTRIAN AND 19:19:58 HISTORICAL OVERLAY AND HILLSIDE COMBINE 19:20:01 ING ZONING DISTRICTS. ALSO TO CONSIDER A FINDING NO FURTHER 19:20:05 ENVIRONMENTAL REVIEW IS REQUIRED, PURSUANT TO CEQA 19:20:08 UNDER GUIDELINES FOR INFILL DEVELOPMENT AND ALSO 19:20:11 BECAUSE IT'S CONSISTENT WITH THE GENERAL PLAN FOR AREA IN TERMS 19:20:15 OF DENSITY AND INTENSITY. SO THE PROJECT PLANNER 19:20:18 IS HERE TONIGHT TO SPEAK TO THE ITEM. BEFORE HE STARTS I WANTED TO 19:20:21 REALLY QUICKLY MENTION THAT 19:20:28 WE HAVE PROGRAMS SOME CLARIFICATION ON THE REPORT TO THE COMMISSION 19:20:31 . AND IN HIS 19:20:35 PRESENTATION MARK WILL GO INTO DETAIL ON THOSE ITEMS 19:20:38 AND THE PRIMARY 19:20:41 REPORT AS WELL. SO GO AHEAD, MARK AND AFTER 19:20:45 MARK'S PRESENTATION, 19:20:48 THE MEMBERS OF THE APPLICANT TEAM WILL HAVE AN 19:20:51 OPPORTUNITY TO DO A TEN MINUTE PRESENTATION UP TO 19:20:55 TEN MINUTES AND THEN FOLLOWED BY PUBLIC 19:20:58 SPEAKERS AND THEN THE REBUTTAL FROM THE APPLICANT TEAM FOR 19:21:01 FIVE MINUTES IF THEY NEED THAT TIME. THANK YOU 19:21:04 . 19:21:08 >> Commissioner Daulton: MARK GO AHEAD. 19:21:11 >> GOOD EVENING, CHAIR DAULTON AND MEMBERS OF THE PLANNING COMMISSION. I DO HAVE 19:21:14 A POWERPOINT, LET 19:21:39 ME PULL THAT UP. 19:21:41 DISCRETIONARY DESIGN PERM, VEST 19:21:45 VESTING TENTATIVE TRACT MAP AND STREETS 19:21:49 . SURPLUS I RIGHT-OF-WAY ALONG 19:21:52 THE SITE'S WASHINGTON BOULEVARD 19:21:55 FRONTAGE. THE COMMISSION 19:21:58 IS OTHERWISE NOT SUBJECT TO 19:22:02 FURTHER ENVIRONMENTAL REVIEW BECAUSE THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN. 19:22:07 THE PROJECT SITE IS LOCATED AT THE SOUTHWEST CORNER OF 19:22:11 WASHINGTON BOULEVARD AND ELLSWORTH STREET. AFTER THE 19:22:14 PROPOSED STREET VACATION IT WOULD MEASURE NEARLY 29,000 19:22:17 SQUARE FEET OR ABOUT TWO-THIRDS OF AN ACRE. IT CARRIES 19:22:21 A GENERAL PLAN 19:22:25 DESIGNATION OF COMMERCIAL TOWN CENTER 19:22:28 , MIXED USE ZONE THAT IMPLEMENTS 19:22:31 THE MAIN STREET VISION OF THE COMMERCIAL TOWN CENTER 19:22:35 DESIGNATION. THE SITE 19:22:38 IS LOCATED WITHIN THE COURT AREA OF THE MISSION SAN JOSE HISTORIC OVER 19:22:42 LAY DISTRICT AND ALSO LOCATED WITHIN THE HIM SIDE 19:22:45 COMBINING DISTRICT. DATING BACK TO 1953 THE SITE WAS HOME 19:22:48 TO TWO SINGLE STORY COMMERCIAL BUILDINGS. 19:22:51 SEVERAL YEARS AGO THOSE BUILDINGS WERE VACATED AND THE SITE 19:22:55 SUBSEQUENTLY BECAME A SITE OF BLIGHT 19:22:58 AND, ACTIVITY. AN EMERGENCY AUTHORIZATION 19:23:02 , WAS GRANTED AND IN APRIL OF THIS YEAR THE TWO STRUCTURES 19:23:05 WERE TAKEN DOWN. THE SITE 19:23:10 IS BORDERED BY A TWO 19:23:12 STORY DUPLEX TO THE WEST, 19:23:15 A BUILDING TO THE SOUTHWEST AND A TWO STORY RESIDENCE TO THE SOUTH 19:23:18 SOUTH. NONE OF THE STRUCTURES ON THIS SITE IS 19:23:22 FOUND TO COVER HISTORIC 19:23:26 SIGNIFICANCE, GENERAL DESIGNATION AS THE PROJECT SITE 19:23:28 . THE FIVE BUILDING PROJECT 19:23:31 IS MIXED USE IN NATURE, WITH 13 DWELLING UNITS 19:23:34 AND APPROXIMATELY 3050 19:23:37 SQUARE FEET OF COMMERCIAL AREA. THE PROJECT'S COMMERCIAL 19:23:40 COMPONENT WOULD BE LOCATED WITHIN A TWO STORY BUILDING AT THE 19:23:44 CORNER OF WASHINGTON AND ELLSWORTH. ABOVE THE COMMERCIAL 19:23:47 SPACE WOULD BE A RESIDENTIAL LEVEL THAT CONTAINS TWO FLATS. THE 19:23:50 OTHER FOUR PROJECT BUILDINGS WOULD CONTAIN REAR LOAD 19:23:53 ED TOWN HOUSE SOMETIME UNITS THAT STAND THREE STORIES 19:23:56 IN HEIGHT. TWO OF THE RESIDENTIAL BUILDINGS WOULD BE BUILT ALONG 19:23:59 THE SITE STREET FRONTAGES WITH 19:24:02 MINIMAL SETBACKS AS REQUIRED AND FEATURE UNITS WITH STREET FACE 19:24:06 ING ENTRIES AND PATIOS THAT CREATE A 19:24:09 PEDESTRIAN ORIENTED INTERFACE 19:24:13 IN ACCORDANCE WITH ZONING STANDARDS AND TOWN CENTER OBJECTIVES 19:24:16 . WHO OTHER BUILDINGS WOULD BE LOCATED WHIND 19:24:19 THE SITE'S INTERIOR. THE PROJECT WOULD 19:24:22 BE ACCESSED WITHIN A SINGLE CURB CUT ALONG 19:24:26 WASHINGTON BOULEVARD THAT LEADS TO 19:24:32 INTERNAL STREETS. PROJECT DEVELOPMENT WOULD 19:24:35 INCLUDE SIGNIFICANT RIGHT-OF-WAY ENHANCEMENTS INCLUDING EXPANDED 19:24:40 ADA SIDEWALKS AND PROJECTS WITH STREET TREES, IN ADDITION 19:24:44 TO NINE PARKING STALLS THAT WOULD BE COUNTED TOWARDS 19:24:47 THE COMMERCIAL COMPONENT'S PARKING REQUIREMENT. FOR THE 19:24:50 MUNICIPAL CODE. MIXED USE ARE ALLOWED 19:24:55 TO TOWARDS SATISFYING THE PROJECT'S 19:24:57 COMER COMMERCIAL REQUIREMENT. SUCH PARKING IS A 19:25:00 BY RIGHT ALLOWANCE NOT SUBJECT TO ANY 19:25:03 OTHER DISCRETIONARY TYPE OF 19:25:07 OFFENSE. AN APPLICABLE DESIGN STANDARDS. 19:25:12 THE SITE'S TOWN CENTER PEDESTRIAN ZONING ALLOWS FOR 19:25:15 RESIDENTIAL USES ONLY IN CONJUNCTION WITH A MIXED USE 19:25:19 PROJECT. SPECIFICALLY STANDARDS ARE SET IN THE ZONING CODE 19:25:23 TO ESTABLISH A SUBSTANTIAL COMMERCIAL COMPONENT FOR SUCH PROJECTS 19:25:25 . THIS PROPOSAL INCLUDES A COMMERCIAL COMPONENT THAT 19:25:28 SIZED AND DEMAND TO MEET THE MIX 19:25:31 ED USE COMMERCIAL REQUIREMENTS INCLUDING DEPTH OF AT 19:25:35 LEAST 50 FEET AND MIXED FLOOR 19:25:39 TO CEILING HEIGHT. ADDITIONALLY, THE PROJECT'S 19:25:42 COMMERCIAL COMPONENT WOULD BE DEVELOPED ALONG THE SIDEWALK EDGE AND 19:25:46 FEATURE LARGE WINDOW OPENINGS TO ENHANCE THE 19:25:52 PUBLIC REALLY. 19:26:10 REALM. ON THE 19:26:14 . THE BOTTOM SLIDE IS A VIEW FROM ELLSWORTH 19:26:16 STREET. THE RIGHT SIDE IS A 19:26:20 MIXED USE BUILDING AND THE LEFT IS A THREE 19:26:23 UNIT BUILDING. CONNECT 19:26:27 ING IS THERE AN INTERN PASSAGE WAY 19:26:30 FROM THE MIXED USE BUILDING. COURTYARDS ARE ENCOURAGED 19:26:33 IN MISSION SAN JOSE ESPECIALLY COURTYARDS THAT ARE SITUATED 19:26:36 BETWEEN BUILDINGS AND THIS ONE WOULD BE PUBLICLY ACCESSIBLE 19:26:40 DURING DAYTIME HOURS AND FEATURE A VARIETY OF 19:26:43 AMENITIES TO CREATE AN INVITING SPACE. 19:26:46 HERE ARE THE INTERIOR NONSTREET ELEVATIONS. THE 19:26:49 TOP IMAGE SHOWS A VIEW FROM THE WEST AND THE BOTTOM 19:26:52 IMAGE SHOWS THE VIEW FROM THE SOUTH. THESE MORE UNDERSTATE 19:26:55 ED ELEVATIONS FEATURE FEWER AND SMALLER 19:26:58 WINDOW OPENINGS TO MAXIMIZE PRIVACY BETWEEN THE SITE 19:27:01 AND ADJACENT DEVELOPMENTS. PRIVACY WOULD BE FURTHER ENHANCE 19:27:04 ENHANCED BY SCRIEN TREES THAT ARE PROPOSED TO BE PLANT 19:27:07 ED AMONG THE 19:27:11 SITE'S INTERIOR. 19:27:14 THE PROJECT ARCHITECT HAS CHOSEN TO DESIGN THE PROJECT IN 19:27:17 THE MISSION REVIVAL STYLE WHICH IS IDENTIFIED 19:27:20 IN THE MISSION SAN JOSE DESIGN GUIDELINES AS MORE OF THE PREVALENT 19:27:24 ARCHITECTURAL STYLES IN THE DISTRICT. PROJECT BUILDINGS HAVE BEEN DESIGNED 19:27:28 TO REFLECT THE PROJECT'S 19:27:31 SIMPLE 19:27:35 RECTILINEAR FORMS. BETTER FIT WITHIN 19:27:39 THE CONTEXT OF THE DISTRICT. PROJECT BUILDINGS HAVE BEEN DESIGNED 19:27:42 WITH WOOD FRAMING FINISHED WITH LARGE FLAT 19:27:45 WHITE STUCCO WALLS THAT FEATURE MINIMAL ADORNMENT 19:27:48 . BUILDINGS CONTAIN LOW GARNL 19:27:53 ANGLED 19:27:56 EAVES, AND THE COMMERCIAL SPACE ARE 19:27:59 FRAMED BY ARCHED ENTRIES AND ARCHED ELEMENTS ARE 19:28:02 INCORPORATED IN OTHER ELEMENTS OF THE PROJECT. THE 19:28:05 COMMERCIAL FRONTAGE FEATURES LARGE WOOD 19:28:08 FRAMED WINDOWS AND WOOD ENTRY DOORS AND THE USE OF WOOD 19:28:11 IS CARRIED THROUGHOUT THE PROJECT. HERE IS THE 19:28:14 PROJECT'S MATERIALS BOARD. WHICH FURTHER DETAILS THE ELEVATIONS 19:28:17 . COLORS AND MATERIALS ARE IN KEEPING WITH THE 19:28:21 MISSION REVIVAL STYLE INCLUDING LIGHT BASE COLORS 19:28:24 WITH DARKER TRIMS AND THE BUILDING'S 19:28:27 STUCCO FACADE 19:28:30 S COMPLEMENTED BY A VARIETY OF WOOD DETAILS 19:28:33 INCLUDING DOORS WINDOWS, PAVILIONINGS AND 19:28:36 CORE 19:28:39 AND CORE 19:28:42 AND COACIALS. 19:28:48 WASHINGTON BOULEVARD FRONTAGE FOR INCORPORATION INTO THE PROJECT. 19:28:54 THE RIGHT-OF-WAY VACATION WOULD BRING THE CURB LINE OR THE 19:28:57 BLOCKS EAST AND WEST OF THE SITES. THE RED LINE OF THIS 19:29:00 IMAGE IDENTIFIES THE CURB LINE ON THOSE TWO 19:29:04 ADJOINING BLOCKS. THE AREA THAT WOULD BE VACATED IS 19:29:07 NOT CURRENTLY USED OR DESIGNED FOR VEHICLE PARKING 19:29:10 OR TRAVEL AND IS VIEWED FOR REMNANT LAND 19:29:13 SUITABLE FOR ASSEMBLAGE INTO THE PROJECT SITE 19:29:18 . EXPANDED ACCESSIBLE SIDEWALK AND A SIZABLE 19:29:21 PARKWAY THAT WOULD IMPROVE FED WALKABILITY 19:29:27 AND COMFORT AND WOULD FACILITATE CREATION OF A RAISED BULB 19:29:30 INTERSECTION REDUCING THE CROSSING DISTANCE AT ELLSWORTH STREET 19:29:34 AND THEREBY INCREASING PLAIFORT 19:29:37 INCREASING PUBLIC SAFETY. AS A NEW 19:29:40 DEVELOPMENT WITHIN THE COURTYARD AREA OF THE 19:29:44 MISSION SAN JOSE HISTORIC DISTRICT HARBOR VIEW WAS 19:29:47 REQUIRED. VOTED 19:29:50 2-2 TO RECOMMEND THAT THE PLANNING COMMISSION APPROVE 19:29:53 THE VOTE. THE PROJECT VIEW WAS 19:29:56 WITH THE MISSION SAN JOSE DESIGN GUIDELINES. THE TIE VOTE EQUATES TO 19:29:59 A FAILURE TO RECOMMEND PROJECT APPROVAL. THOSE 19:30:03 WHO VOTED GENETICS THE PROJECT CITED THE SIZE MUCH 19:30:06 PROJECT BUILDINGS AND ARCHITECTURAL IN 19:30:09 COMPATIBILITY WITH THE EXISTING CHARACTER OF THE DISTRICT. 19:30:16 AS INCLUDED IN YOUR 19:30:22 PACKETS THIS EVENING, A SIGNIFICANT AMOUNT OF 19:30:23 PUBLIC CORRESPONDENCE HAS BEEN RECEIVED. MUCH HAS 19:30:27 ED AGAINST TREMG PROJECT. FOR REASONS THAT ARE DESCRIBED IN 19:30:28 THIS PRESENTATION AND EXPANDED UPON IN THE STAFF REPORT, STAFF RECOMMENDS 19:30:32 THAT THE PLANNING COMMISSION APPROVE THIS DISCRETIONARY DESIGN 19:30:35 REVIEW PERMIT, VESTING TENTATIVE TRACT 19:30:38 MAP, PRIVATE STREET AND TREE REMOVAL REQUEST 19:30:41 , FIND THE VACATION IN 19:30:44 CONFORMANCE WITH THE GENERAL PLAN AND FIND THAT 19:30:47 THE PROJECT IS EXEMPT 19:30:50 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, IN 19:30:54 ACCORDANCE TO 17 THREE 32, AND THAT 19:30:57 NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO 19:31:00 CEQA SECTION 15183 AS THE 19:31:03 PROJECT IS CONSISTENT WITH THE DENSITY ESTABLISHED IN THE GENERAL PLAN. THAT 19:31:07 CONCLUDES STAFF'S PRESENTATION. I'LL BE AVAILABLE TO ANSWER ANY 19:31:10 QUESTIONS AND AS JOEL MENTIONED THE APPLICANT DOES HAVE A PRESENTATION 19:31:14 OF THEIR OWN. THANK YOU. 19:31:18 >> Commissioner Daulton: OKAY SO THANK YOU MARK. 19:31:22 CLARIFYING QUESTIONS AT THIS TIME FROM STAFF? JOEL 19:31:25 ? >> Planner Pullen: YES, BEFORE WE GO ON CHAIR, SORRY I WAS 19:31:28 REMISS IN NOT MENTIONING THERE IS A NOTES AND CORRECTION 19:31:31 SHEET ON THIS ITEM. AND SPECIFICALLY 19:31:34 , THERE WERE -- THE MINUTES FOR 19:31:38 THE HARB MEETING WERE IN DRAFT BECAUSE THEY HAD NOT HAD 19:31:41 ANOTHER MEETING TO ACCEPT THOSE. SO WE GOT SOME FEEDBACK 19:31:44 FROM ONE OF THE HARB MEMBERS WITH SOME CLARIFICATIONS 19:31:47 ON THEIR CONTRIBUTION TO THE MINUTES. JUST TO BE CLEAR THERE WAS 19:31:50 NO STAFF RECOMMENDATION OR THERE WAS NO HARB RECOMMENDATION 19:31:53 , THEY FAILED TO TAKE ACTION AND THE FAILURE TO TAKE ACTION 19:31:57 IS WHAT WE TRANSMIT 19:32:00 WITH THEIR DESCRIPTION TO YOU FOR YOUR CONSIDERATION 19:32:03 . >> Commissioner Daulton: THANK YOU. SO AT THIS TIME I'D LIKE 19:32:07 TO GET CLARIFYING QUESTIONS 19:32:10 FROM THE COMMISSION. IF WE HAVE ANY 19:32:13 . FOR STAFF. 19:32:16 THANK YOU, COMMISSIONER YEE. 19:32:21 >> Commissioner Yee: YES. 19:32:25 AS WE KNOW, THERE IS A BIKE LANE THAT GOES RIGHT THROUGH THERE 19:32:28 . WILL THAT BE AFFECTED IN ANY WAY INCLUDING THOSE BOLLARD 19:32:32 S THAT ARE THERE? >> THANK YOU FOR THE QUESTION. NO, THE 19:32:37 BIKE LANE WOULD NOT BE AFFECTED. SO CURRENTLY THE WASHINGTON 19:32:38 BOULEVARD ROADWAY IS 19:32:41 STRIPED TO MEET AN APPROVED 19:32:45 WASHINGTON BOULEVARD STREET SECTS AND THAT INCLUDES SINGLE TRAVEL LANES 19:32:48 IN EAST AND WEST DIRECTIONS WITH A SHARED LEFT TURN 19:32:51 LANE IN THE CENTER AND BIKE LANES BUFFERING THE 19:32:55 TWO TRAFFIC LANES. THE EXISTING STRIPING WOULD NOT 19:32:58 HAVE TO BE -- WOULD NOT BE IMPACTED BY 19:33:01 THE PROPOSED STREET VACATION OR THE STREET IMPROVEMENTS. 19:33:05 >> Commissioner Yee: OKAY, THANK YOU. 19:33:07 >> Commissioner Daulton: YES, CARE RECOGNIZES COMMISSIONER STECKLER 19:33:11 . >> Commissioner Steckler: YES. FOLLOWING THAT RED LINE THAT 19:33:14 WAS ON THE DIAGRAM ON WASHINGTON BOULEVARD, 19:33:17 IS THE APPLICANT PUTTING IN NEW 19:33:20 SIDEWALKS ALL THE WAY UP TO 19:33:25 MISSION BOULEVARD ON WASHINGTON? >> THEY WOULD NOT 19:33:29 . SO THE SCOPE OF THE IMPROVEMENTS WOULD BE JUST ALONG 19:33:32 THE WASHINGTON 19:33:36 BOULEVARD FRONTAGE OF THE PROJECT SITE WITH A PORTION 19:33:39 OF THE ELLSWORTH FRONTAGE AS WELL IN ORDER TO CREATE 19:33:42 THE HARD SCAPE IMPROVEMENTS FOR BULBOUT 19:33:46 THAT WOULD ESSENTIALLY REMOVE THE 19:33:52 EXISTING DELINEATORS THAT WOULD CREATE THAT FACE FOR REDUCED 19:33:53 SIDEWALK CROSSING. THIS PROJECT WOULD JUST MAKE 19:33:56 THAT INTO HARD SCAPE AND MORE FORMALIZE IT 19:34:00 . BUT THE IMPROVEMENTS WOULD NOT EXTEND BEYOND THE 19:34:01 PROJECT SITE. >> Commissioner Steckler: THANK YOU. 19:34:04 MY SECOND QUESTION IS, THE COMMON AREA BETWEEN THE 19:34:07 TWO BUILDINGS, IF YOU ARE LOOKING AT IT FROM 19:34:11 ELLSWORTH, IS THAT ADA 19:34:14 ACCESSIBLE? >> THE COMMON AREA WOULD BE ADA 19:34:17 ACCESSIBLE. 19:34:20 THE THEY WOULD NOT BE -- SOMEONE WITH 19:34:23 A DISABILITY WOULD NOT NECESSARILY BE ABLE TO TAKE THE ELLSWORTH 19:34:26 STREET ROUTE OFF THE SIDEWALK TO THE COURTYARD BUT THERE 19:34:29 IS AN ENTRANCE VIA AN ELEVATOR THAT 19:34:33 COULD BE TAKEN FROM THE WEST 19:34:36 SIDE OF THE MIXED USE BUILDING. THERE 19:34:39 IS A PEDESTRIAN DOOR THAT LEADS TO AN ELEVATOR THAT 19:34:42 WOULD PROVIDE ACCESS. >> Commissioner Steckler: THANK YOU. 19:34:48 >> Commissioner Daulton: I HAVE A QUESTION. MARK 19:34:51 , DOES THIS 19:34:57 ZONING REQUIRE 50% OF THE 19:35:00 COMMERCIAL -- OF THE BUILDING'S STREET FACING 19:35:03 SURFACE ADD TO BE COMMERCIAL IN THIS CASE, IS THAT RIGHT 19:35:09 FACING FACADE TO BE COMMERCIAL AT THIS 19:35:13 POINT IS THAT RIGHT? >> A GIVEN PORTION 19:35:16 OF THE FRONTAGE WOULD HAVE TO HAVE A COMMERCIAL FLOOR AREA FOR 19:35:19 THE FIRST 50 FEET OF PROPERTY DEPTH ALONG THAT FRONTAGE 19:35:23 . >> Commissioner Daulton: I SEE, OKAY, THIS DOES MEET THOSE 19:35:27 REQUIREMENTS? >> IT DOES, YES. THIS IS A CORNER SITE SO WE 19:35:30 CALCULATED BOTH FRONTAGES INDEPENDENTLY AND THE 19:35:33 PROPOSED COMMERCIAL AREA MEETS THAT 50% 19:35:36 THRESHOLD ALONG BOTH FRONTAGES 19:35:40 . >> Commissioner Daulton: AND I NOTICED THAT YOU MENTIONED THAT THE 19:35:43 SECOND FLOOR PATIO IS GOING TO BE PUBLICLY 19:35:46 ACCESSIBLE DURING THE DAY. DOES THAT MEAN THERE'S 19:35:50 SECURITY REQUIRED IN THE EVENING, HOW IS THAT 19:35:53 GOING TO WORK? >> YES, SO THE MISSION SAN JOSE 19:35:56 DESIGN GUIDELINES DO CALL FOR COURTYARDS. AND THEY 19:35:59 CALL FOR THOSE COURTYARDS TO BE PUBLICLY ACCESSIBLE 19:36:03 . AND ACCESSIBLE DURING DAYTIME HOURS OR BUSINESS 19:36:07 HOURS. AND SO WE HAVE A CONDITION OF 19:36:11 APPROVAL STIPULATING THAT THAT IS A 19:36:15 REQUIREMENT. IT WOULD BE UP TO THE DEVELOPER IF THEY WANTED TO INSTALL 19:36:18 ANY TYPE OF ACCESS CONTROL TO PROHIBIT AFTER 19:36:21 -HOURS USE. >> Commissioner Daulton: OH DOES THAT MEAN THAT IT CAN 19:36:24 BE OPEN TO THE PUBLIC, AFTER DARK? 19:36:27 >> IT CAN BE. YES. 19:36:30 >> Commissioner Daulton: AND JUST TAKING NOTE THAT THE 19:36:34 ENTRANCE TO THIS DEVELOPMENT IS ON THE 19:36:38 BUSIER OF THE TWO STREETS ON THAT CORNER, IS 19:36:41 THAT GENERALLY 19:36:48 BEST PRACTICE? >> WE HAD DISCUSSION 19:36:51 WITH THE ENGINEERING DEPARTMENT, FOR THE SUIT 19:36:54 ABLE LOCATION INTO THE PROJECT AND WASHINGTON BOULEVARD WAS 19:36:58 IDENTIFIED AS THE SORT OF THE 19:37:01 OPTIMAL LOCATION FOR THAT. THERE 19:37:04 WASN'T ANY PUSH BACK OR DESIRE TO REQUIRE 19:37:07 IT TO BE OFF ELLSWORTH. >> Commissioner Daulton: OKAY. ALL RIGHT 19:37:10 THANK YOU. ANY OTHER QUESTIONS FROM THE COMMISSION? 19:37:13 IF NOT, I WOULD LIKE TO WELCOME THE 19:37:17 APPLICANT TO HAVE AN OPPORTUNITY TO SPEAK. DO WE HAVE AN 19:37:20 APPLICANT WHO IS GOING TO TALK ON THIS ITEM? >> 19:37:23 YES, HI, MY NAME IS RYAN, I HAVE LIKE 19:37:26 A SMALL LITTLE PRESENTATION AS WELL. >> Commissioner Daulton: THANK YOU RYAN 19:37:29 . >> I'M GOING TO SHARE MY SCREEN RIGHT HERE. 19:37:43 ONE SECOND. 19:38:07 I'D HAVE TO REJOIN ZOOM IN ORDER TO SHARE 19:38:10 MY SCREEN. >> Commissioner Daulton: YOU WANT TO TRY THAT 19:38:14 ? IS THERE ANYONE ELSE HERE WHO CAN SPEAK 19:38:17 ? >> YES 19:38:20 , ACTUALLY OUR DESIGN TEAM IS HERE. WE HAVE 19:38:23 MOHAMMED AS WELL THE CIVIL ENGINEER AND THE ARCHITECT AND I'LL TRY TO 19:38:27 REJOIN. >> Commissioner Daulton: OKAY. 19:38:35 TRISH, CAN YOU KEEP AN EYE OUT FOR HIM? >> YES 19:38:39 , WILL DO, I'LL KEEP AN EYE OUT. 19:38:42 >> SHALL I ALLOW THE TEN MINUTES FOR SPEAKER, COMMISSIONER 19:38:45 ? >> Commissioner Daulton: HERE WE GO. 19:38:48 YES PLEASE. I THINK HE'S SHARING HIS SCREEN NOW HERE 19:38:52 . >> ACTUALLY MY NAME IS MOHAMMED G 19:38:55 ENIDY WITH 19:38:59 THE ENGINEERS, PART OF THE DESIGN TEAM FOR THE PROJECT. 19:39:02 AND WOULD I JUST LIKE TO 19:39:05 SHARE FEW OF THE DESIGN ELEMENTS FOR THE PROJECT 19:39:09 WITH THE AUDIENCE TONIGHT. SO AS 19:39:13 MARK MENTIONED, THE 19:39:16 PROJECT BE 19:39:29 OBJECTIVELY MEETS IN TERMS OF THE BUILDING 19:39:30 FEET HEIGHT LIMIT WHICH IS IMPOSED BY THE 19:39:34 MISSION HISTORIC GUIDELINES. WHEREAS TOWN 19:39:37 CENTER ZONING FOR THE MIXED USE ALLOW UP TO 40 19:39:47 FEET. SO THIS IS IN TERMS OF THE 19:39:49 WE TRIED ON THE DESIGN TO BREAK DOWN THE PROJECT 19:39:52 TO SMALLER BUILDINGS, TO KEEP 19:39:56 IT IN TERMS OF MASSING, 19:39:59 PROPORTIONAL TO THE SURROUNDINGS. THEN IN TERMS OF 19:41:25 THE 13 UNIT NUMBER OF UNITS 19:41:28 , ARE SUBDIVIDED BY THE TWO-THIRDS OF AN ACRE 19:41:32 , GENERIC DENSITY IS ABOUT 19 AND A HALF 19:41:35 UNITS PER ACRE. SO THE PROJECT IS NOT PUSHING THE ENVELOPE 19:41:40 IN TERMS OF THE NUMBER OF UNITS 19:41:41 . BIG DESIGN ELEMENT FOR PROJECT 19:41:45 WAS SUBSTANTIAL RETAIL COMPONENT 19:41:48 WHICH IS 50% OF THE BUILDING AREA WAS 19:41:51 IN 50 FEET SET BACK FROM THE PROPERTY LINE. AND 19:41:55 THIS BASICALLY RESTRICTED OF WHAT ELSE 19:41:58 IT CAN BE BUILT FOR THOSE INITIAL UNITS 19:42:02 . WE GOT SOME OF THE FEEDBACK FROM THE COMMUNITY AND THE NEIGHBOR 19:42:05 , AND THERE WAS OBJECTION 19:42:08 TO RESIDENTIAL DEVELOPMENT FOR MISSION SAN JOSE 19:42:11 . WE UNDERSTAND THAT 19:42:15 EVERYBODY NOW ENJOYING HIS HOUSE DOESN'T LIKE 19:42:18 NECESSARILY MORE UNITS OR MORE TRAFFIC 19:42:22 OR WHATEVER COMES WITH THE 19:42:25 NEW DEVELOPMENT. BUT IT'S A BALANCE OF 19:42:28 NEED, MORE RESIDENTS NEED MORE HOUSING 19:42:32 UNITS IN FREMONT. AND ONE WAY TO MEET THE AFFORDABILITY IS 19:42:35 TO MAKE MORE AVAILABLE. 19:42:39 SUPPLY AND DEMAND. SO THIS 19:42:43 PARTICULAR LOCATION IS UNDERDEVELOPED. 19:42:46 IT WAS A HOST FOR HOMELESS AND CRIMINAL 19:42:49 ACTIVITIES. AND THE 19:42:52 OWNERS WERE GETTING COMPLAINT, A LOT, 19:42:55 FROM THE POLICE DEPARTMENT REGULAR BASIS. 19:42:59 SO THIS VISION FOR THE 19:43:03 DEVELOPMENT WE BELIEVE IT ADDS VALUE IN TERMS OF GENERAT 19:43:06 ING MORE HOUSING UNITS FOR RESIDENTS OF FREMONT 19:43:10 . IMPROVING THE SITE INSTEAD OF BEING 19:43:13 AN EYESORE FOR THE COMMUNITY. THE 19:43:18 PROJECT UPDATES A SHARE 19:43:21 FAIR OF THE FEES AND ALSO IT MAKE USE OF THE 19:43:25 UNDERUSED SURPLUS LAND AT THE 19:43:28 FRONTAGE OF THE PROJECT. 19:43:32 THE PROJECT WENT THROUGH SEVERAL DESIGN ITERATION 19:43:36 S INCLUDING MULTIPLE ACCESS POINTS. I HEARD A QUESTION ABOUT WHETHER 19:43:39 THE CURRENT LOCATION IS THE BEST ACCESS TO THE SITE 19:43:42 . WE ACTUALLY WORKED WITH THE PUBLIC WORKS EXPLORING 19:43:46 DIFFERENT OPTIONS, AND THIS PARTICULAR LOCATION 19:43:50 WE PROPOSE RIGHT NOW IT ENTERS THE SIDE AND THE MIDDLE OF THE HEIGHT 19:43:54 OF THE PROJECT. SO IT CREATE EASY ACCESS TO 19:43:56 THE PARKING, TO THE COURTYARD 19:43:59 THROUGH THE ELEVATOR, AND 19:44:03 ENABLE OVERALL HANDICAP ACCESS THROUGH ALL THE SITE. 19:44:12 RYAN, DO YOU HAVE ANYTHING TO ADD? >> YES, I CAN -- 19:44:15 I CAN SEE IF I CAN PULL UP MY SCREEN HERE. 19:44:18 AND MAYBE GO THROUGH MY PRESENTATION A LITTLE BIT. 19:44:23 I THINK I NEED YOU TO STOP 19:44:26 SHARING SCREEN FIRST. >> YES. 19:44:32 >> Commissioner Daulton: YES, MR. GENIDY 19:44:35 YOU'RE GOING TO HAVE TO -- THERE YOU GO, THANK YOU. 19:44:39 >> YES, SO THIS IS MY SCREEN 19:44:42 . I HAVE A SHORT PRESENTATION. FIRST OFF I JUST WANT 19:44:46 ED TO SAY THANKS TO MOHAMMED AND 19:44:49 THANKS MARK STORE THEIR PRESENTATIONS. THANKS FOR THE PLANNING 19:44:52 COMMISSION OBVIOUSLY FOR COMING OUT TO HEAR OUR PROJECT. 19:44:55 AS MARK MENTIONED THIS IS GOING TO BE THE MISSION PARADISE 19:44:58 PROJECT ON 270 WASHINGTON BOULEVARD WHERE WE'RE 19:45:01 PROPOSING THE 13 RESIDENTIAL UNITS AND ONE COMMERCIAL DEVELOPMENT 19:45:07 . I'M ACTUALLY HERE WITH MY FAMILY. THIS PROJECT ACTUALLY IS 19:45:09 A LITTLE SPECIAL TO US. WE GREW UP IN FREMONT 19:45:12 . I WEBSITE TO CHADBOURNE 19:45:15 AND HOPKINS AND MISSION SAN JOSE HIGH SCHOOL. 19:45:19 SO I THINK FOR ME ESPECIALLY IT IS 19:45:21 SOMEWHAT BITTERSWEET TO SEE CHANGE 19:45:52 IN THE CITY YOU GREW UP IN BUT I THINK IT'S IMPORTANT THAT 19:45:57 ELLSWORTH POINT OF VIEW. JUST PULLED 19:45:58 FROM GOOGLE MAPS. PINPOINTED IN 19:46:02 ITS PROXIMITY TO OTHER FREMONT ICON 19:46:05 IC BUILDINGS LIKE OWEN COLLEGES, THE 19:47:08 I BELIEVE MOHAMMED WENT OVER THIS A LITTLE BIT WHEN I WAS TRYING TO 19:47:11 FIX MY ZOOM. SO THIS IS JUST GOING TO BE 19:47:14 THE DESIGN AND DEVELOPMENT STANDARDS FOR THE TOWN CENTER 19:47:17 PEDESTRIAN ZONING DISTRICT. WE OBVIOUSLY HERE AS YOU CAN 19:47:20 SEE WE HAVE COMPLIED WITH ALL THE STANDARDS. 19:47:24 A BIG THING THAT WAS A VERY IMPORTANT ASPECT 19:47:27 FOR OUR PROJECT WAS THE RETAIL THAT WAS PREVIOUSLY 19:47:30 TOUCHED UPON. WE NEEDED TO HAVE 50% 19:47:33 OF THE BUILDING WITHIN 50 FEET OF THE STREET 19:47:36 'S FRONTAGE TO BE RETAIL. AS YOU CAN SEE HERE ON 19:47:40 THE SECOND RARELY WE DO HAVE THAT MET ON BOTH SIDES 19:47:43 . ANOTHER BIG THING THAT WAS OF CONTENTION I 19:47:46 GUESS WAS THE BUILDING HEIGHT. THE HARB ACTUALLY DOES 19:47:49 ALLOW FOR A 50 FOOT HIGH LIMIT IF IT'S LIKE 19:47:52 -- IF IT ISN'T -- >> RYAN I 19:47:56 JUST WANT TO WARN YOU THAT YOU HAVE TWO MINUTES LEFT. >> 19:47:59 OKAY NO PROBLEM, I'M STILL TRY TO SPEED THINGS UP 19:48:02 . YES, I UNDERSTAND THERE IS A 30 FOOT OF HEIGHT 19:48:05 LIMIT FOR BUILDINGS SO OBVIOUSLY WE JUST WANTED TO COMPLY WITH THAT AS 19:48:08 WELL AND MAKE SURE THAT WE DO IMPLY WITH ALL THE ZONING STARTS 19:48:11 AND THAT WE DO COMPLY WITH THE STATE LAW. SO 19:48:14 HERE IS THE SITE PLAN. I BELIEVE MOHAMMED 19:48:17 ALSO WENT OVER THIS A LITTLE BIT. AS CAN YOU SEE HERE WE DO 19:48:21 HAVE FIVE BUILDINGS, FIVE RECTILINEAR BUILDINGS 19:48:24 JUTS TO MATCH WITH THE REVIVAL MISSION 19:48:27 HISTORIC ARCHITECTURAL STANDARDS. ON THE LEFT HERE YOU CAN SEE THE PARK 19:48:30 ING TABLES THAT WE HAVE, AS MOHAMMED MENTIONED IT IS 19:48:34 25 REQUIRED RESIDENTIAL PARKING AND WE HAVE 30 HERE ON 19:48:37 OUR PROJECT. WE ALSO DO MEET THE 19:48:40 REQUIRED COMMERCIAL PARKING AS WELL AS THE ADA PARKING. 19:48:43 WE ALSO DO HAVE BICYCLE PARKING SLOTS, 19:48:46 AS CAN YOU SEE THERE ON THE BOTTOM OF THE SITE PLAN, AS WELL 19:48:49 AS TWO SLOTS IN THE COURTYARD. SO THESE ARE GOING TO BE 19:48:52 THE ELEVATIONS AS MARK PREVIOUSLY MENTIONED 19:48:55 . AS CAN YOU SEE HERE WE DO HAVE THE 19:48:59 ENTRANCE TO THE RETAIL, 19:49:02 SO IT IS MORE INVITING FOR THE PEDESTRIANS AS 19:49:06 IT IS SUGGESTED IN THE DESIGN GUIDELINES FOR 19:49:09 MISSION SAN JOSE DISTRICT. ON THE LEFT, CAN YOU SEE THE 19:49:12 ENTRANCE TO THE COURTYARD -- YOU CAN SEE 19:49:16 THE ENTRANCE TO THE COURTYARD MORE DIRECT 19:49:19 ENTRANCE TO THE COURTYARD WITH THE TRAIL SYSTEM. TO 19:49:22 MAKE IT MORE ACCESSIBLE TO THE PUBLIC AND MORE INVITING FOR 19:49:25 THE PEDESTRIANS IN THE AREA. HERE IN THE BOTTOM YOU SEE THE LINE 19:49:28 HEIGHT LIMIT OF 30 FEET. AS CAN YOU SEE OUR BUILDING DOES 19:49:32 MEET THAT -- AS YOU CAN SEE OUR 19:49:35 BUILDING DOES MEET THAT -- HERE 19:49:38 IS AGAIN GOING TO BE THE ELEVATION FROM THE WASHINGTON BOULEVARD 19:49:41 SITE. ONCE AGAIN MEETING THAT 30 FOOT HEIGHT 19:49:44 LIMIT, AS WELL AS I WANT TO SHOW OFF THE ARTICULATION 19:49:48 OF THE BUILDING SHOWING IT'S NOT ONE TOO 19:49:51 BIG MASSING AND NOT TOO BORING TO LOOK AT AND 19:49:54 ONE UNIQUE DESIGN. HERE IS ONCE AGAIN ELEVATIONS JUST ONCE 19:49:57 AGAIN SHOWING OFF WHAT KIND OF A PROJECT WE'RE PUTTING ON 19:50:01 AND THE FACT THAT IT DOES SOMEWHAT FIT IN WITH 19:50:04 THE CHARACTER OF THE DISTRICT AND THE STYLE OF THE NEIGHBORHOOD 19:50:09 . 19:50:14 AKD ARE AND HERE'S -- >> RYAN 19:50:17 YOUR TIME IS UP. HOW MUCH MORE TIME? >> THIS IS ACTUALLY ONE 19:50:21 LAST SLIDE. I WANTED TO TOUCH ON THE MATERIALS. 19:50:25 MARK TOUCHED ON IT A LITTLE BIT. WE ARE GOING TO DO THE CONCRETE 19:50:28 TILES AND STUCCO BODIES WITH LIGHT COLORS. 19:50:31 THIS PROJECT HAS BEEN ON PROCESS AND 19:50:34 WE WORKED REALLY HARD ON IT AND WE WANT TO MAKE 19:50:37 SURE WE IMPROVE THE COMMUNITY AND THE NEIGHBORHOOD WITH THIS 19:50:41 PROJECT. >> Commissioner Daulton: THANK YOU 19:50:44 RYAN. 19:50:59 DO WE HAVE ANY SPEAKERS? >> I HAVE ONE 19:51:02 SPEAKER, KELLY A YOU ARE NOW ALLOWED TO SPEAK, 19:51:05 GO AHEAD. >> YEAH, SO WHAT WE'RE SEEING 19:51:08 HERE IS A CASE STUDY IN EXACTLY 19:51:11 HOW THE CITY'S DESIGN GUIDELINES AND 19:51:15 ARCHITECTURAL REQUIREMENTS AND TOWN 19:51:18 CENTER ZONING PLANS, WHATEVER, HOW THEY 19:51:22 DRIVE UP THE COST OF HOUSING 19:51:25 TO STRATOSPHERIC LEVELS. AND HOW THEY HAVE 19:51:28 KILLED THE URBAN CENTERS OF FREMONT 19:51:32 . STEP 1 IS, YOU GOT A 30 FOOT HEIGHT LIMIT 19:51:37 . STEP 2, YOU'VE GOT 19:51:40 27 SPACES, 2.3 SPACES 19:51:43 PER UNIT. BUT IF YOU ADD IN THOSE 11 19:51:47 COMMERCIAL SPACES THAT NOBODY'S GOING TO BE USING AT MIDNIGHT 19:51:50 THEN WHAT HAVE YOU GOT, THREE SPACES PER UNIT 19:51:53 . ENORMOUS AMOUNTS OF PARKING. ENORMOUS. 19:51:56 AND THAT REALLY -- YOU KNOW, THAT COSTS MONEY 19:52:00 BECAUSE, YOU KNOW, THOSE CARS TAKE UP LAND. AND THEN YOU HAVE 19:52:03 THIS HUGE COMMERCIAL SPACE. THE AMOUNT OF 19:52:06 COMMERCIAL SPACE HERE EXCEEDS THE LEVEL OF -- 19:52:09 THE COMMERCIAL DEVELOPMENT INTENSITY OF A TYPICAL BLOCK 19:52:13 IN DOWNTOWN PARIS, FRANCE 19:52:17 AND PARIS, FRANCE I REGRET TO INFORM YOU, 19:52:20 HAS A LOT MORE URBAN DENSITY IN TERMS OF POPULATION 19:52:23 DENSITY THAN FREMONT DOES AND YOU'RE BUILDING MORE 19:52:26 COMMERCIAL SPACE THAT IF YOU LOOK AROUND IN THE NEIGHBORHOOD IS UNNEEDED 19:52:29 BECAUSE ALL THOSE COMMERCIAL SPACES DOWN THE ROAD 19:52:33 ARE EMPTY OR CLOSED. AND BECAUSE 19:52:36 YOU HAVEN'T BUILT ENOUGH HOUSING IN THE NEIGHBORHOOD. 19:52:39 THIS IS 20 UNITS AN ACRE, WHICH FREMONT SOME 19:52:43 PEOPLE WILL TELL YOU IT'S A HIGH DENSITY. THIS IS LOW 19:52:46 DENSITY. I LOOKED AT A LIST OF 19:52:49 HIGH DENSITY TYPES OF HOUSING, THE BOTTOM OF THEIR LIST 19:52:52 WAS 20 UNITS AN ACRE AND THIS IS 19:52:55 SLIGHTLY UNDER THAT SO IT IS BELOW THE RANGE FOR ANY KIND OF HIGH 19:52:58 DENSITY. SO JUST ADD IT ALL UP AND 19:53:01 YOU SEE VERY HIGH COST AND 1700 19:53:04 SQUARE FEET PER UNIT. 19:53:08 PER UNIT. THAT'S A HUGE UNIT 19:53:11 . THAT'S KIND OF NICE AND KIND OF EXPENSIVE. 19:53:14 THAT'S WHY THINGS COST SO MUCH. THANK YOU 19:53:18 . >> Commissioner Daulton: THANK YOU, KELLY. 19:53:21 ALL RIGHT. 19:53:28 I THINK -- >> CHAIR DAULTON, 19:53:31 THIS IS TRISH. WE DID HAVE A HAND BUT THEN IT 19:53:34 WENT AWAY. DO WE HAVE ANY MORE SPEAKERS THAT WOULD LIKE TO 19:53:37 SPEAK TONIGHT? DO YOU WANT TO RAISE YOUR HAND? I 19:53:41 DID SEE TWO HANDS THAT WENT UP. I'LL 19:53:44 INTRODUCE THE NEXT SPEAKER. >> Commissioner Daulton: THANK YOU. 19:53:48 >> ANDRES, GO AHEAD AND SPEAK, YOU 19:53:51 HAVE PERMISSION TO SPEAK NOW. >> GOOD EVENING 19:53:54 , ANN DURESS PEDAVAN 19:53:58 IC, BIKE FREMONT. 19:54:01 WITH REGARDS TO THE BIKE PARKING, THERE IS A SET OF A COUPLE 19:54:04 OF BIKE RACKS, I THINK IT'S IN THE RIGHT ON 19:54:07 THE FLOOR PLAN, THERE'S TWO OF THEM CLOSE TOGETHER. BOTH 19:54:11 OF THOSE ARE WITHIN TWO FEET OF A 19:54:14 WALL. WHICH IS LESS THAN 19:54:17 THE PRESCRIBED MINIMUM DISTANCE IN THE 19:54:21 BIKE MASTER PLAN WHICH CALLS FOR AT LEAST THREE FEET OF CLEARANCE, 19:54:24 IF YOU'RE NEXT TO A WALL. SO THAT WOULD NEED 19:54:28 TO BE ADDRESSED IN MY VIEW, THANK YOU. 19:54:33 >> Commissioner Daulton: THANK YOU, SIR. >> CHAIR 19:54:36 DAULTON I DO SEE ANOTHER HAND, I'LL INTRODUCE THE 19:54:39 NEXT SPEAKER JUST A MOMENT. A PHONE NUMBER ENDING 19:54:42 IN 1365. GO AHEAD AND SPEAK. 19:54:52 >> THIS IS ALICE CAV 19:54:55 ETTE. HOW MANY MINUTES DO WE HAVE 19:54:57 ? >> Commissioner Daulton: TWO MINUTES. 19:55:00 >> AND CHRIS WILL BE TAKING A TURN AFTER ME. I DO NOT 19:55:03 AGREE WITH STAFF'S ANALYSIS THAT MISSION PARADISE MEETS 19:55:06 THE MISSION SAN JOSE HISTORIC DESIGN GUIDELINES OR ALL 19:55:09 OBJECTIVE STANDARDS. HARB'S SPLIT VOTE 19:55:12 LEGALLY SAYS THAT THE PROJECT DOES NOT MEET THE 19:55:15 MISSION SAN JOSE DESIGN GUIDELINES. THE BUILDING 19:55:19 MASSING AND ARCHITECTURAL CHARACTER DOES NOT MEET 19:55:23 THE GUIDELINES REQUIREMENT TO COMPLEMENT THE NEIGHBORHOOD 19:55:26 . ELLSWORTH HOMES BETWEEN WASHINGTON AND A 19:55:29 NZA ARE ALL SMALL WITH CLAPBOARD 19:55:33 SIDINGS, NOT FOUR 19:55:36 BEDROOM STUCCO TOWN HOUSES RIGHT BY 19:55:39 THE SIDEWALK. COMPARE MISSION PARADISE 19:55:44 WITH THE HORIZON SCHOOL AND ACROSS WASHINGTON, 19:55:47 THE GUIDELINES SAY THAT THE GABLE 19:55:50 ROOFERS AND BROAD OVERHANGS, STAFF SAYS 19:55:54 THE BUILDINGS CONDITION TAKEN LONG 19:55:58 OVERHANGING EAVES BUT 19:56:02 SHEET 2.5 SHOWS FLAT EAVES 19:56:05 BOTTLED ON TO THE EDGES. I CANNOT FIGURE OUT 19:56:08 HOW STAFF SAYS THE WASHINGTON AND ELLSWORTH 19:56:12 MINIMUM COMMERCIAL COMPONENTS ARE AT LEAST 19:56:15 50%. THE PLAN SHOWS WIDTHS 19:56:19 OF 55 FEET TWO INCHES AND 50 FEET NOT THE 19:56:22 58 FEET AND 53 FEET CLAIMED BY THE DEVELOPER 19:56:25 . WHAT ARE THEY ADDING? HOW EXACTLY DID 19:56:28 STAFF CALCULATE THE 60 FOOT 19:56:32 WIDE ELLSWORTH RESIDENTIAL BUILDINGS 19:56:35 , 50 FOOT FRONTAGE SQUARE FOOTAGE 19:56:39 ? THE UNIT DENSITY DOESN'T HAVE TO BE 19:56:42 LOWER TO HAVE ARCHITECTURE 19:56:46 THAT COMPLEMENTS THE NEIGHBORS OR FOR UNITS TO HAVE SMALLER 19:56:49 FOOTPRINTS THAN THESE 2,000 SQUARE FOOT TOWN HOMES 19:56:52 , INCREASE IT WITH FLATS AND SHARED PARKING 19:56:56 PARKING. DISAPPROVE THIS PROJECT OUTRIGHT OR TABLE IT 19:57:00 UNTIL YOU'VE HAD TIME TO ASK STAFF FOR 19:57:03 DETAILED JUSTIFICATION OF WHY IT MEETS THESE STANDARDS 19:57:05 . THANK YOU. >> Commissioner Daulton: THANK YOU, 19:57:09 ALICE. >> HERE IS CHRIS. 19:57:14 >> GOOD EVENING, MY NAME IS CHRIS 19:57:17 CAVETTE. THE 19:57:20 APPLICANT CLAIMS THIS FROAM COMPLIES WITH ALL THE OBJECTIVE 19:57:23 STANDARDS. I DON'T DISAGREE. SPECIFICALLY I THINK FOOTNOTE 19:57:27 THAT SPECIFICALLY GRANTS A RIGHT 19:57:30 TO PUBLIC PARKING SPACES ON PUBLIC STREET AS 19:57:33 PART OF THE OFFSTREET COMMERCIAL COMPONENT IS 19:57:36 NEVER AN OBJECTIVE STANDARD AND NEVER WAS. AT THE TIME THE FOOTNOTE 19:57:40 WAS WRITTEN IT IS SIMPLY ADVISED THERE WAS A POSSIBILITY 19:57:44 THIS COULD BE DONE ON A CAIS SCAIS BASIS. THAT IS WHY 19:57:46 THE WORDING, MAY BE COUNTED WAS USED 19:57:49 INSTEAD OF SHALL BE ALLOWED TO BE COUNTED AND WHY THE EXAMPLE 19:57:57 ESPECIALLY ON RETAIL FRONTAGE WAS INCLUDED FOR GENERAL 19:57:59 SEEMS CLEAR TO ME THAT THIS FOOTNOTE HAS ALWAYS BEEN A 19:58:02 SUBJECTIVE STANDARD. UNDER THE CURRENT STATE LAW, CITIES 19:58:06 CANNOT CONSIDER SUBJECTIVE STANDARDS TO 19:58:09 EVALUATE A PROPOSAL AND THEREFORE I BELIEVE THIS FOOTNOTE 19:58:12 IS INVALID, AND DOES NOT GRANT ANY RIGHTS TO 19:58:15 THE APPLICANT. THE ONLY OBJECTIVE 19:58:18 PARKING STANDARD THAT REMAINS IS THE ONE 19:58:21 THAT REQUIRES ALL MIXED USE DEVELOPMENTS TO PROVIDE A CERTAIN MINIMUM 19:58:25 NUMBER OF PARKING SPACES, OFF THE STREET, 19:58:28 FOR BOTH RESIDENTIAL AND COMMERCIAL OCCUPANCIES 19:58:32 . I'VE LOOKED LONG AND HARD AT THIS PROPOSAL 19:58:35 , AND IT STILL DOESN'T WORK, AS FAR AS I CAN SEE. 19:58:38 I ASK YOU TO DISAPPROVE THIS 19:58:40 PROPOSAL. THANK YOU. >> Commissioner Daulton: THANK YOU 19:58:44 CHRIS. TRISH IS THAT OUR 19:58:47 LAST SPEAKER? >> THAT IS OUR LAST SPEAKER, THANK YOU. 19:58:49 >> Commissioner Daulton: OKAY, AT THIS TIME I'D LIKE TO INVITE THE 19:58:53 APPLICANT TO RETURN FOR REBUTTAL TO THOSE COMMENTS, IF THEY WOULD 19:58:56 LIKE, OR FURTHER COMMENTS AND I'LL GIVE THEM FIVE 19:58:59 MINUTES. ANY TAK 19:59:02 ERS? >> YES, HI. 19:59:05 I'LL SPEAK ON THAT 19:59:07 . >> Commissioner Daulton: THANK YOU. >> NO PROBLEM. 19:59:10 I JUST WANT TO TOUCH ON THE ZONING STANDARDS I GUESS WERE A 19:59:14 LITTLE IN QUESTION THERE. I ACTUALLY DO BELIEVE THAT 19:59:17 OUR PROJECT DOES MEET THE 19:59:20 MISSION HISTORICAL ARCHITECTURAL 19:59:24 DESIGN GUIDELINE THAT WAS PUT IN QUESTION BY THE CALLER 19:59:27 . I BELIEVE THAT'S, I BELIEVE 19:59:30 THAT WAS PART OF THE PROCESS THAT WE TOOK. WE DID 19:59:34 HAVE MULTIPLE MEETINGS WITH OUR CONSULTANTS AND OUR DESIGNS TEAM IN ORDER 19:59:38 TO PROVIDE A PROJECT THAT DOES MEET THOSE STANDARDS AND THEY 19:59:41 ARE VERY EXPERIENCED IN THE FIELD. THEY DID LOOK 19:59:45 AT THE DESIGN GUIDELINES VERY WELL. AND ALSO IN TERMS OF 19:59:48 THE ZONING GUIDELINES, I BELIEVE THAT IT'S 19:59:51 NOT SUBJECTIVE, WE DID HAVE THE TABLE THERE AND WE 19:59:55 DID MEET ALL THE ZONING GUIDELINES THAT 19:59:58 WERE IN PLACE FOR OUR PROJECT. I DON'T KNOW 20:00:01 IF ANYONE ON THE DESIGN TEAM WANTS TO TALK A LITTLE BIT MORE ABOUT 20:00:04 THAT. 20:00:11 MAYBE MOASMED OR FAYED. >> THIS IS MOHAMMED 20:00:14 . WOULD I LIKE TO COMMENT ABOUT THE WAY 20:00:18 TO CALCULATE 20:00:21 RETAIL REQUIREMENTS. IT'S 50% OF THE 20:00:25 AREA WITHIN 50 FEET FROM THE 20:00:28 PROPERTY LINE, THIS NEED TO BE RETAINED, MINIMUM 20:00:31 50% OF THAT AREA. 20:00:34 SO WHAT COUNTS TOWARDS 20:00:37 AN INNER FRONTAGE, WE TAKE, A LINE 50 20:00:40 FEET AWAY FROM THE PROPERTY LINE AND THEN MEASURE THE RESIDENTIAL AREA 20:00:43 WITHIN THAT 50 FEET AND THEN MEASURE THE RETAIL 20:00:46 AREA WITHIN THAT 50 FEET. AND BASICALLY, 20:00:50 THE RETAIL NEED TO BE 50% OR MORE. SO 20:00:53 THE RESIDENTIAL CAN BE 60 FEET DEEP 20:00:57 BUT ONLY WITHIN 50 FEET THIS IS WHAT COUNTS. SO THIS 20:01:01 MAY EXPLAIN THE MATH HOW TO MEET BASICALLY 20:01:04 THE DEFINITION IN THE ORDINANCE. AND I 20:01:08 WILL LEAVE THE STAFF TO CONFIRM 20:01:11 THIS, AND THIS WENT 20:01:14 THROUGH SEVERAL CALCULATION AND CONFIRMATION BETWEEN 20:01:18 THE DESIGN TEAM AND 20:01:20 THE STAFF. THANK YOU. >> Commissioner Daulton: THANK YOU. 20:01:24 THAT'S ALL FROM THE APPLICANT. THEN I 20:01:27 WILL BE CLOSE 20:01:30 ING THE PUBLIC HEARING. 20:01:35 AND COMING BACK TO THE COMMISSION FOR 20:01:38 ANY FURTHER COMMENTS OR QUESTIONS 20:01:42 . ALTHOUGH MARK I WOULD APPRECIATE IT IF YOU 20:01:46 WOULD COMPLETELY CLARIFY 20:01:49 THIS, THE RETAIL FRONTAGE ISSUE. IS IT 20:01:53 FROM THE CORNER OF WASHINGTON AND ELLSWORTH 20:01:56 THAT WE MEASURE 50 FEET, AND THEN LOOK AT THE 20:02:00 AMOUNT OF RETAIL FRONTAGE IN THAT 50 FEET 20:02:03 ? >> THAT'S CORRECT, YES. SO OFF OF EACH 20:02:06 FRONTAGE YOU WOULD MEASURE 50 FEET INTO THE PROPERTY 20:02:09 . AND THEN WITHIN THAT 50 FOOT AREA, 20:02:13 THE RETAIL OR THE TREAT COMMERCIAL COMPONENT WOULD NEED TO 20:02:16 ENCOMPASS AT LEAST 50% OF THE FLOOR AREA 20:02:20 . AND AS SHOWN IN THE CALCULATIONS WITHIN THE 20:02:23 PLANS, IT DOES MEET THOSE STANDARDS. 20:02:26 STAFF DID DO OUR OWN ROUGH CALCULATIONS TO 20:02:30 VERIFY, THAT THE DIMENSIONS AND 20:02:33 NUMBERS THAT ARE PROVIDED BY THE APPLICANT IN 20:02:37 THEIR PLANS ARE CORRECT. I THINK ONE OF THE THINGS THAT MAY 20:02:40 THROW PEOPLE OFF IS THAT THE RESIDENTIAL PORTIONS, THE 20:02:43 RESIDENTIAL UNITS THEMSELVES, THEY ARE SET 20:02:46 BACK IN ALL CASES AT LEAST FIVE FEET. 20:02:49 AND FOR HALF OF THEIR FRONTAGE, TEN TEET, TO 20:02:56 FEET TO PROVIDE PATIOS, FOR COMMERCIAL SPACE 20:02:59 S BUILT ESSENTIALLY TO THE PROPERTY LINE. 20:03:03 WHEN YOU MEASURE BACK 50 FEET, TEN FEET 20:03:06 ON AVERAGE FOR THE RESIDENTIAL UNITS IS NOT GOING TO COUNT. 20:03:10 OR OR THE 20:03:13 FOR THE RESIDENTIAL PORTIONS BECAUSE THAT IS 20:03:16 ACTUALLY OUTDOOR OPEN SPACE AREAS, WHEREAS 20:03:20 THE COMMISSIONER CALCULATION ACTUALLY STARTS AT PROPERTY LINE 20:03:23 LINE. >> Commissioner Daulton: OKAY, SO QUESTIONS FROM COMMISSIONERS OR 20:03:26 COMMENTS, PLEASE? 20:03:32 KN 20:03:35 NOBODY. ANYBODY? COMMISSIONER ZHANG 20:03:40 . >> Commissioner Zhang: 20:03:43 CAN YOU COMMENT ON THE OTHER ELEMENT LIKE THE FLATTER ROOF 20:03:46 , IS THERE ACTUALLY SUCH REQUIREMENT 20:03:50 ? >> SO THE MISSION SAN JOSE DESIGN GUIDELINES, THEY ARE 20:03:54 NOT A PRESCRIPTIVE DOCUMENT, LIKE YOU SEE 20:03:57 A LOT OF THE MORE RECENT DESIGN GUIDELINE DOCUMENTS 20:04:02 . WE'RE IN AN AGE THESE DAYS OF OBJECTIVE STANDARDS. 20:04:05 AND SO DESIGN GUIDELINE DOCUMENTS HAVE HARD AND 20:04:09 FAST PRESCRIPTIVE DESIGN RULES THAT WOULD HAVE TO BE MET BY A 20:04:12 PROJECT. BUT THAT'S NOT THE CASE WITH THE MISSION SAN JOSE DESIGN 20:04:16 GUIDELINES, WHICH IT'S -- JOEL 20:04:20 CAN CORRECT ME IF I'M WRONG BUT I BELIEVE IT'S ABOUT A 20 20:04:23 20-YEAR-OLD DOCUMENT. IT HAS A LOT OF SHOULDS, 20:04:26 BUT NO -- YOU KNOW VERY LITTLE 20:04:29 WHEN IT COMES TO SHALLS SO MANDATORY MEASURES. AND 20:04:33 THE DESIGN GUIDELINES GO ON FURTHER 20:04:36 TO BASICALLY POINT OUT THE DIVERSE ARRAY OF BUILDING 20:04:40 TYPES AND ARCHITECTURAL STYLES AND ROOF 20:04:43 FORMS WITHIN THE DISTRICT. IT SPECIFICALLY, YOU KNOW, 20:04:46 WHEN IT COMES TO ROOF FORMS MENTIONS WITHIN THE 20:04:49 GUIDELINES ON SECTION 6.0 ON 20:04:52 PAGE 19, THAT A VARIETY OF ROOF FORMS 20:04:55 IS PERMITTED AND THAT FLAT ROOFS ARE AMONG 20:04:59 THOSE STYLES CONTEMPLATED FOR FUTURE DEVELOPMENTS. AND THAT 20:05:02 FOR FLAT ROOF BUILDINGS, THE GUIDELINES ENCOURAGE 20:05:05 A DISTINCTIVE ROOF LINE ELEMENT WHICH THE 20:05:09 PROJECT PROVIDES WITH THE LONG S TILED 20:05:12 EAVES THAT ARE IN THE MISSION REVIVAL STYLE. 20:05:22 >> Commissioner Daulton: DOES THAT ANSWER YOUR QUESTION, COMMISSIONER 20:05:24 ? >> Commissioner Zhang: YES, THANK YOU. 20:05:27 I HAVE A QUESTION FOR THE DEVELOPER. FOR THE RETAIL 20:05:30 PLACE DO YOU HAVE ANY LIKE A SORT OF BUSINESS IN MIND 20:05:33 LIKE A RESTAURANT, COMMUNITY STORE, 20:05:37 OR ANY -- >> Commissioner Daulton: CAN I AT THIS TIME CALL THE 20:05:40 APPLICANT BACK FOR A MOMENT 20:05:44 ? >> Planner Pullen: YES, SO 20:05:47 CHAIR BECAUSE THIS IS A PRETTY COMPLEX MEETING WITH A LOT 20:05:50 OF FOLKS, I'VE ASKED THE 20:05:53 CO-SECRETARIES TO DEMOTE FOLKS WHEN THEY OPEN 20:05:56 MARTIN LUTHER KING HEARING IS OVER. SO WE'LL NEED TO PROMOTE THEM 20:06:00 DEN TO HEAR FROM THEM. SORRY ABOUT THAT. YLT 20:06:03 >> Commissioner Daulton: I SEE. >> OKAY, JOEL 20:06:06 AND CHAIR YOU WOULD LIKE ME TO -- >> Commissioner Daulton: IF YOU 20:06:09 COULD BRING RYAN BACK MAYBE FOR A MOMENT. 20:06:12 >> JUST FOR A MOMENT, I'LL MOVE THEM, GIVE ME 20:06:15 A MOMENT, THANK YOU. RYAN IS BACK AS A PANEL 20:06:19 IST. 20:06:21 >> Commissioner Daulton: RYAN DID YOU HEAR THE QUESTION? 20:06:24 >> YES I GOT IT. AS OF RIGHT NOW WE DON'T HAVE 20:06:27 ANY REALLY PLAN AS TO WHAT KIND OF BUSINESS WOULD BE THERE. I 20:06:30 THINK POSSIBILITIES OF ANY BUSINESS THAT COULD BE THERE IS QUITE END 20:06:34 LESS AND, YOU KNOW, THERE ARE A LOT OF DIFFERENT BUSINESSES THAT 20:06:37 PROBABLY ARE FITTING FOR THAT SPOT. SO BUT WE 20:06:40 DON'T HAVE ONE IN MIND, YEAH. 20:06:46 I HOPE THAT ANSWER HE YOUR QUESTION. >> Commissioner Zhang: 20:06:49 THANK YOU. >> Commissioner Daulton: 20:06:52 MR. LIU. 20:06:56 >> Commissioner Liu: I HAVE A QUESTION FOR APPLICANT. 20:06:59 RYAN WHEN YOU DESIGNED THE BUILDING DID YOU TAKE INTO CONSIDERATION THE 20:07:02 COST OF THE BUILDING BEING PROBABLY THE LOWEST, WAS 20:07:05 THAT THE CONSIDERATION THAT WENT INTO IT? IN LIGHT 20:07:10 OF THE SKYROCKETING BUILDING COST I REALIZE 20:07:13 THAT SOME OF THE PROJECTS THAT WE 20:07:16 PREVIOUSLY FROOIVED NEVER TERMED 20:07:19 APPROVED NEVER MATERIALIZE 20:07:22 ED BECAUSE THE BUILDING COST HAS GONE UP SO MUCH. 20:07:25 SO WE'RE NOT REALLY SEEING THE HOUSING THAT WE 20:07:30 NEED TO BE ACTUALLY BUILT. SO 20:07:33 TELL ME ABOUT 20:07:36 THE CONSIDERATION THAT WENT INTO IT. FIRST OF ALL 20:07:39 , DO YOU INTEND TO DEVELOP IT AND BUILD IT 20:07:43 URSA OR DO YOU PLANNED TO ENTITLE IT AND JUST MAYBE SELL 20:07:46 IT LATER ON? >> YES, 20:07:49 SO RIGHT NOW, OBVIOUSLY, 20:07:52 FROM THIS POINT I GUESS AND TO WHEN WE GET 20:07:55 THE BUILDING PERMIT WE WANT TO BE ABLE TO EXACTLY KNOW HOW 20:07:59 THE BUILDING COSTS WOULD CHANGE IN TERMS OF I GUESS THE LABOR 20:08:02 COSTS AND MATERIAL COSTS. SO IT'S I GUESS FOR 20:08:05 US IT'S PROBABLY HARD TO TELL RIGHT NOW. BUT WE WERE 20:08:09 JUST FOLLOWING THE BUILDING MATERIALS THAT WERE SET FORTH IN THE 20:08:12 DESIGN GUIDELINE AND MATCHING, MAKING SURE THAT WE DO 20:08:15 FOLLOW THE MATERIAL AND, YOU KNOW, THE STRUCTURAL OF WHAT THE 20:08:18 DESIGN TEAM PUT FORWARD IN OUR PROJECT PLANS 20:08:23 . >> Commissioner Liu: SO I JUST WANT TO MAKE SURE THAT 20:08:26 THE -- ANY PROJECTS THAT WE 20:08:30 ACTUALLY PROPOSE, IF THEY'RE 20:08:33 ACTUALLY VIABLE, BECAUSE SO MANY PROJECTS 20:08:36 IN THE PAST, THEY ARE STILL SITTING OUT 20:08:39 THERE DOING NOTHING. SO WE NEED 20:08:42 HOUSING FAST. 20:08:49 SO YOU HAVEN'T SPOKEN WITH ANY BANKS ON THE COST 20:08:52 AND DO YOU HAVE YOUR OWN FINANCING OR WHAT IS 20:08:56 YOUR CONSIDERATION? 20:09:00 >> I ACTUALLY ON OUR SIDE WE DO HAVE LIKE PRODUCE OUR 20:09:03 OWN FINANCING TO WHERE WE SHOULD BE ABLE TO FINISH THE 20:09:06 PROJECT. >> Commissioner Liu: SO YOU'RE GOING TO BUILD 20:09:10 IT YOURSELF, NOT TO SELL 20:09:13 THE ENTITLED PROJECT RIGHT? >> WE DO HAVE A GENERAL 20:09:16 CONTRACTOR COMPANY THAT WE DO WORK WITH. 20:09:19 YES, THAT THEY HAVE A LOT OF EXPERIENCE 20:09:23 . THEY'VE BUILT A FEW 20:09:26 PROJECTS IN SAN CARLOS SO WE DO HAVE A 20:09:33 GENERAL CONTRACTOR THAT WE DO WORK VERY CLOSELY WITH. >> Commissioner Liu: YOU 20:09:36 DO HAVE TEN MORE FEET OF BUILDING HEIGHTS I THINK TO PLAY WITH 20:09:39 . HAVE YOU CONSIDERED LIKE A HIP ROOF, 20:09:44 OR THAT CAN BE ON THE DESIGN? >> SO 20:09:47 THE ISSUE WITH THE BUILDING HEIGHT WAS THAT THE EXTRA HEIGHT WOULD HAVE 20:09:50 BEEN REQUIRED OR APPROVED BY THE HARB COMMITTEE 20:09:54 . SO WE JUST STUCK WITH THE 30- 20:09:57 30-FOOT HEIGHT ON IT. THAT WAS JUST SET FORTH IN THE 20:10:01 ZONING STANDARDS. >> Commissioner Liu: OKAY 20:10:04 , THANK YOU. >> NO PROBLEM, THANK YOU. 20:10:08 >> Commissioner Daulton: ANY OTHER QUESTIONS OR COMMENTS FROM THE COMMISSIONERS 20:10:12 ? 20:10:18 NO? I HAVE TO SAY I'M STARTING TO 20:10:23 UNDERSTAND A LITTLE BIT MORE CLEARLY WHY THIS PROJECT WAS TURNED DOWN 20:10:27 BY HARB. IT DOES HAVE SOME ISSUES REGARDING THE 20:10:30 HISTORICAL FEELING OF THE NEIGHBORHOOD. 20:10:35 I DO WISH 20:10:38 THAT, IF THEY WERE 20:10:41 GOING TO CREATE A BUILDING THAT IS THIS BIG 20:10:45 , THIS IMPORTANT OF A SPACE, THAT IT HAD A LITTLE MORE 20:10:48 DENSITY, SO THAT WE COULD GET SOME MORE UNITS OUT 20:10:51 OF THIS MUCH LAND. IT SEEMS 20:10:54 LIKE FAIRLY EXTRAVAGANT PIECE OF BUILDING 20:10:58 FOR THE MIDDLE OF 20:11:02 WHAT IS 20:11:06 -- WHAT WE'VE ALL JUST LISTENED TO FOR AN HOUR 20:11:10 THE CRISIS IN HOUSING IN FREMONT. 20:11:13 WELL, IF THERE ARE NO MORE COMMENTS, 20:11:17 THEN, I WOULD LOOK FOR A MOTION ON 20:11:20 THIS PROJECT. 20:11:25 CAN I GET A MOTION FROM THE COMMISSION? 20:11:28 >> SORRY, IF I COULD JUST -- >> Commissioner Daulton: YES, 20:11:31 RYAN? >> SO THE ISSUE WITH THE DENSITY WAS AT FIRST WE WERE TRYING 20:11:35 TO GET OBVIOUSLY MORE UNITS FOR THE PROJECT. BUT 20:11:38 WE DID RUN INTO 20:11:41 A PROBLEM WITH MEETING THE PARKING STANDARDS THAT WERE SET FORTH SO 20:11:44 THAT'S WHERE WE WERE AT ON THAT JUST TO PROVIDE A LITTLE BIT 20:11:47 OF CLARITY. >> Commissioner Daulton: THANK YOU. I WILL MAKE 20:11:50 A COMMENT ON THAT AND I WILL SAY THAT IF 20:11:54 YOU WOULD LIKE A PEDESTRIAN ORIENT 20:11:57 ED ENVIRONMENT THEN YOU'RE GOING TO -- IN MISSION SAN JOSE 20:12:00 , THEN YOU'RE GOING TO HAVE TO DO WHAT WE DO IN NILES, 20:12:04 WHICH IS HAVE A PUBLIC DEDICATED PARKING 20:12:07 LOT SO THAT PEOPLE CAN DRIVE IN AND WALK AROUND 20:12:11 . IT'S NOT IDEAL, BUT THIS IS 20:12:15 A COMMUNITY THAT'S WITHIN A BASEBALL THROW OF A 20:12:18 FREEWAY ENTRANCE AND PEOPLE DO DRIVE 20:12:21 THERE. SO AGAIN, MY FEELING 20:12:24 IS THAT THIS IS SOMEWHAT OF A WEAK PROJECT FOR THIS 20:12:27 SITE. IT SHOULD HAVE BEEN DENSER. BECAUSE THE 20:12:30 IMPORTANT PART ABOUT BUILDING ON THIS SITE IS GET 20:12:33 TING FEET ON THE GROUND TO THE RETAIL BUSINESSES IN 20:12:36 THIS AREA. AND THIS IS QUITE A LARGE LOT. 20:12:40 AND WE GET 13 UNITS OUT OF IT 20:12:43 . THAT'S NOT A LOT OF PEOPLE. WE'RE 20:12:46 NOT GOING TO OPEN NEW BUSINESSES WITH 20:12:50 , YOU KNOW, 25, 28 PEOPLE 20:12:53 . WE'RE GOING TO OPEN NEW BUSINESSES WITH CONSIDERABLY 20:12:57 LARGER AMOUNTS OF PEDESTRIAN TRAFFIC THAN THAT. 20:13:00 AND IF YOU WANT PEOPLE TO COME VISIT 20:13:05 HISTORIC MISSION SAN JOSE, THEN YOU NEED A PLACE FOR THEM TO PARK. AND 20:13:09 YOU SHOULD PROBABLY CREATE A PARKING DISTRICT SOMEWHERE OR THE THOSE 20:13:12 CARS TO WIND UP SO THAT WE DON'T 20:13:15 WIND UP, YOU KNOW, 20:13:18 WITH FURTHER STRIP MALLS 20:13:22 , AND THE DEVELOPMENT CAN PROCEED ON THE BASIS 20:13:25 OF THIS BEING A 20:13:28 HISTORY DESTINATION OR A COMMUNITY DESTINATION 20:13:33 . AS FAR AS THE BUILDING DESIGN GOES 20:13:36 , I MEAN, IT'S OKAY. YOU KNOW, 20:13:39 I DON'T REALLY HAVE A BIG ROB WITH THE FLAT ROOF 20:13:42 HERE. I'M MUCH MORE INTERESTED IN 20:13:45 OPTIMIZING, YOU KNOW, THE PRAGMATIC ASPECTS OF 20:13:49 TRYING TO SAVE RETAIL IN THIS AREA 20:13:52 . AND THAT'S NOT GOING TO HAPPEN WITH 26 20:13:55 PEOPLE IN 2000 SQUARE 20:13:58 FOOT LUXURY HOMES ON ELLSWORTH. 20:14:01 I JUST LOOK AT WHAT'S THE 20:14:04 EXISTING HOMES THERE, AND CONTEXTUAL 20:14:08 LY, IT'S A LITTLE CRAZY. BUT AS FAR 20:14:11 AS I'M CONCERNED, THAT'S THE REAL ISSUE. 20:14:15 ALL RIGHT. SO IF THERE ARE NO MORE COMMENTS 20:14:18 COMMENTS, AH, 20:14:21 COMMISSIONER ZHANG YOU HAVE A COMMENT 20:14:25 . >> Commissioner Zhang: YES, I KIND OF LIKE THE DESIGN, 20:14:28 ALTHOUGH I HAVE AN ISSUE WITH THE FLAT ROOF. IT 20:14:31 WOULD BE BETTER IF IT DOESN'T. BUT I UNDERSTAND 20:14:34 IT HAS TO MEET THE 20:14:38 HEIGHT, THE HEIGHT REQUIREMENT. 20:14:43 BUT THE SURROUNDING 20:14:47 BUILDINGS 20:14:51 ISN'T PRETTY AS WELL 20:14:54 . SO GET BETTER THAN -- SO I 20:14:58 WOULD LIKE TO MAKE A MOTION TO APPROVE. >> Commissioner Daulton: 20:15:01 WE HAVE A MOTION TO APPROVE. CAN 20:15:04 I GET A SECOND? >> Commissioner Yee: I'LL SECOND 20:15:07 . >> Commissioner Daulton: JOEL WE HAVE A MOTION AND SECOND 20:15:11 FROM ZHANG 20:15:15 AND YEE. CAN I GET A ROLL CALL ON THIS ITEM 20:15:18 ? >> Planner Pullen: YES CHAIR ON MOTION TO APPROVE STAFF RECOMMENDATION 20:15:22 WHEN I CALL YOUR NAME PLEASE STATE YOUR VOTE. CHAIRPERSON 20:15:25 DAULTON, YES. VICE 20:15:28 CHAIR RAO, YES. 20:15:32 COMMISSIONER YEE, YES. 20:15:35 COMMISSIONER STECKLER. NO. 20:15:42 NO? >> Commissioner Steckler: NO. 20:15:45 >> Planner Pullen: SORRY, HARD TO HEAR. 20:15:48 COMMISSIONER LIU. >> Commissioner Liu: YES 20:15:51 . >> Planner Pullen: COMMISSIONER ZHANG 20:15:55 . >> Commissioner Zhang: YES. >> Planner Pullen: 20:15:58 AND COMMISSIONER BASRAI. >> Commissioner Basrai: YES. >> Planner Pullen: 20:16:01 OKAY. SO I'VE RECORDED THE VOTE AS 6 20:16:04 TO 1 IN FAVOR OF THAT MOTION. 20:16:08 COMMISSIONER STECKLER DISSENTING. THIS PROJECT HAS BEEN 20:16:11 APPROVED, THE PLANNING COMMISSION ACTION ON THIS ITEM IS FINAL. 20:16:14 UNLESS APPEALED TO THE CITY COUNCIL WITHIN TEN CALENDAR DAYS 20:16:18 DAYS. CHAIR, BACK TO YOU. BUT I WOULD WANT TO MAKE 20:16:21 A COMMENT BEFORE WE GO TO -- WE'RE ABOUT DUE 20:16:24 FOR A BREAK. MIGHT BE GOOD TO HAVE THAT BREAK 20:16:28 BEFORE WE START THE NEXT ITEM. HOWEVER 20:16:32 , I DO WANT TO SUGGEST THAT WE 20:16:35 POTENTIALLY TAKE THE DA'S OUT OF 20:16:38 ORDER, TO GET THEM TAKEN CARE OF. SINCE THE 20:16:41 MAJORITY OF PEOPLE ARE ON THOSE DA'S IF THEY 20:16:44 ARE, REMEMBER WE WEREN'T ABLE TO ADD THOSE TO CONSENT 20:16:47 . SO IF THERE AREN'T A LOT OF COMMENTS ON THEM THAT MIGHT BE 20:16:51 THE BEST USE OF:00 FOR THE MOST PEOPLE ON THE CALL. 20:16:54 YOUR CALL, CHAIR. >> Commissioner Daulton: OKAY. 20:16:57 WELL, IN THAT CASE I THINK WE CAN JUST MOVE TO THE NEXT ITEM 20:17:00 ON THE AGENDA AND SEE HOW QUICKLY IT GOES. 20:17:03 SO IF YOU WILL JOEL INTRODUCE THE NEXT 20:17:06 ITEM. PARC 55. 20:17:13 >> Planner Pullen: WILL DO. LET ME AND A HALF GATE TO THAT 20:17:16 DOCUMENT. 20:17:22 ALL RIGHT. SO THE NEXT ITEM ON THE AGENDA IS 20:17:25 THE PARC 55 DEVELOPMENT AGREEMENT ANNUAL REVIEW 20:17:28 . THIS IS AT 47003 20:17:32 -TREF-320 MISSION 20:17:44 FALLS COURT, DEVELOPMENT AGREEMENT FOR THE MISSION FALLS FORMER 20:17:48 LY DESCRIBED AS PARC 55 SENIOR 20:17:51 RESIDENTIAL DEVELOPMENT DEVELOPMENT, 20:17:55 ALLOWING UP TO 497 20:17:58 DWELLING UNITS AND A NEW PUBLIC SENIOR COMMUNITY CENTER ON 23.5 ACRES IN THE WARM 20:18:04 SPRINGS COMMUNITY PLANNING AREA. AND THERE ARE FINDINGS FOR REVIEW 20:18:09 CEQA 15378 NOT A PROJECT, 20:18:13 AND PREVIOUSLY ADOPTED MIFGHT 20:18:22 MITIGATED NEGATIVE PRESENTATION. THIS PROJECT DOES NOT HAVE 20:18:25 A PRESENTATION FROM STAFF HOWEVER JAMES WILLIS 20:18:28 IS AVAILABLE FROM STAFF TO SPEAK TO ANY QUESTIONS THAT MAY ARISE 20:18:30 . >> Commissioner Daulton: THANK YOU JOEL. 20:18:33 COMMISSIONERS DO WE HAVE ANY QUESTIONS FOR JAMES 20:18:38 AT THIS TIME 20:18:45 REGARDINGS THIS DA? I DON'T SEE ANY? ANY QUESTIONS 20:18:48 OF STAFF? IF THERE ARE NONE 20:18:51 I'LL TAKE A MOTION. >> Commissioner Yee: I MAKE A MOTION TO 20:18:55 ACCEPT STAFF RECOMMENDATION ON THIS. >> Commissioner Daulton: JOEL 20:18:58 WE HAVE TO ASK FOR PUBLIC COMMENT ON THIS ITEM. >> Commissioner Yee: 20:19:02 THAT'S RIGHT, WE'RE JUMPING THE GUN. 20:19:05 >> CHAIR DAULTON, I DON'T SEE ANY HANDS BUT I'LL 20:19:09 REPEAT THAT. IF THERE IS ANYBODY THAT WOULD LIKE TO 20:19:12 SPEAK, PLEASE RAISE YOUR HAND AND WE'LL GIVE YOU PERMISSION 20:19:16 . I'M NOT SEEING ANY RAISED HANDS, SO I 20:19:20 FEEL CONFIDENT THAT WE CAN MOVE FORWARD. I DON'T 20:19:23 SEE ANY -- >> Commissioner Daulton: ALL RIGHT ON THAT CASE I DO HAVE A 20:19:26 MOTION BY COMMISSIONER YEE. DO I HAVE A SECOND 20:19:29 ? >> Commissioner Rao: I SECOND THAT. 20:19:33 >> Commissioner Daulton: SECOND 20:19:36 . JOEL WOULD YOU ROLL CALL. >> Planner Pullen: WHEN I CALL YOUR 20:19:39 NAME PLEASE STATE YOUR VOTE IN SUPPORT OF STAFF 20:19:43 RECOMMENDATION ON THE PROJECT. CHAIR DAULTON TO START. AYE 20:19:46 . VICE CHAIR RAO, AYE. 20:19:49 COMMISSIONER YEE, AYE. 20:19:52 COMMISSIONER STECKLER, AYE 20:19:55 . COMMISSIONER LIU, AYE 20:19:59 . COMMISSIONER ZHANG, AYE 20:20:02 . AND COMMISSIONER BASRAI. AYE. 20:20:07 THANK YOU. THE VOTE IS 7-0 AND APPROVAL OF 20:20:11 STAFF RECOMMENDATION, THAT ITEM IS APPROVED. BACK TO YOU CHAIR. 20:20:14 AND THIS WOULD BE THE TIME 20:20:17 WHERE WE WOULD EITHER GO TO TRIPLE E 20:20:20 PLAZA OR PERHAPS TO THE OTHER DAs AT 20:20:23 YOUR OPTION. >> Commissioner Daulton: LET'S TAKE ITEM NUMBER 20:20:26 6, PACIFIC COMMONS, CAN YOU DO THAT ONE 20:20:31 ? 20:20:41 >> Planner Pullen: SURE CAN. FOR BENEFITS OF THE PEOPLE ON THE 20:20:44 CALL WE'RE TAKING ITEM 6 OUT OF ORDER AND WOULD COME BACK 20:20:48 TO TRIPLE E PLAZA AND CHEVRON 20:20:52 ANNUAL REVIEW. IF YOU ARE ON THOSE ITEMS PLEASE DON'T LEAVE. 20:20:55 WE'LL STILL BE HEARING THOSE ITEMS. SO WITH THAT, 20:20:58 PACIFIC COMMONS SOUTHEAST AND WEST PARCELS 20:21:02 DA ANNUAL REVIEWS, LOCATED 20:21:05 AT 5780 BUNCH 20:21:09 E DRIVE. CONSISTING OF 20:21:12 TWO AND A HALF MILLION SQUARE FEET OF INDUSTRIAL BUILDINGS AND 100 20:21:15 ,000 SQUARE FOOT OF AUTO MALL BUILDINGS ON 153 20:21:19 ACRES LOCATED ON BOTH SIDES OF 20:21:22 CUSHING PARKWAY SOUTH OF 20:21:25 NOBLE AND BUNCHE DRIVE 20:21:28 IN THE COMMUNITY PLAN AREA, AND TO CONSIDER A FINDING 20:21:31 THAT'S NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT THE 20:21:35 CEQA GUIDELINES 17378 NOT A PROJECT 20:21:38 AND ADDITIONALLY BECAUSE IT'S CONSISTENTLY WITH THE EIR THAT WAS 20:21:41 DONE WITH THE PREVIOUS PROJECT AS LISTED 20:21:45 IN THE AGENDA ITEM. BACK TO YOU CHAIR. 20:21:54 THERE IS NO 20:21:58 PRESENTATION ON THIS AS WELL. >> Commissioner Daulton: VERY WELL, I WOULD 20:22:01 ASK COMMISSIONERS IF THEY HAVE ANY QUESTIONS ON 20:22:05 THAT? DO WE HAVE ANY PUBLIC COMMENTS 20:22:08 ? >> YES WE DO WE HAVE TWO HANDS. I'LL 20:22:11 START WITH THE FIRST SPEAKER, INTRODUCE THAT PERSON 20:22:14 . STEVE SCALA GO AHEAD AND SPEAK PLEASE, 20:22:17 YOU HAVE TWO MINUTES. 20:22:20 >> THANK YOU. STEVE SCALA. I'D 20:22:24 LIKE TO DRAW YOUR ATTENTION 20:22:27 TO INFORMATIONAL ITEM 5 WHICH IS 20:22:30 THE ILLUSTRATIVE 20:22:33 SIDE MAP. THE SITE MAP IS SHOWING 20:22:36 THE PUBLIC FACILITIES THAT ARE PART OF THIS AGREEMENT. YOU 20:22:40 HAVE THE BAY TRAIL MULTI 20:22:43 USE TRAIL, POCKET PARKS AND 20:22:46 LINEAR PARKS. ONE THING YOU DID NOT SHOW ON 20:22:49 THIS TRAIL IS ANY PUBLIC PARKING 20:22:52 PARKING. THAT'S BECAUSE THE ONLY PUBLIC PARKING IS 20:22:55 THE LITTLE BIT AT THE VERY END OF CHRISTY STREET 20:22:58 . NOW ALL THESE PUBLIC FACILITIES, THE NEAR 20:23:02 EST RESIDENCE IS 1.5 MILE WALK ACROSS 8 20:23:05 80. THERE IS VERY NICE BICYCLE ACCESS SO YOU DO HAVE 20:23:08 THAT. BUT NOT EVERYBODY CAN BICYCLE 20:23:12 TO THIS AREA, AND YOU ESPECIALLY DON'T HAVE 20:23:16 ANY ADA PARKING. I THINK THIS WAS A MAJOR 20:23:19 OVERSIGHT, 20:23:24 WHEN THIS PLAN WAS APPROVED. THERE IS PARKING AVAILABLE OFF 20:23:27 OF CUSHING BY PACIFIC COMMONS BOULEVARD BY BUILDING 20:23:30 10 AND BUILDING 1. BUILDING 10 IS ACTUALLY 20:23:33 RIGHT BY THE PRIMARY ENTRANCE GATEWAY. IT IS 20:23:37 CURRENTLY PRIVATE, NOBODY CAN PARK THERE, NO PUBLIC PERSON 20:23:40 CAN PARK THERE. WHAT I REALLY WOULD ASK THE COMMISSIONERS TO 20:23:44 DO, I KNOW IT'S OBVIOUSLY PAST 20:23:47 THIS AGREEMENT BUT IT'S NEVER TOO LATE TO 20:23:50 ASK, IF THE CITY COULD OBTAIN SOME RIGHTS OR 20:23:54 LEASE AGREEMENTS TO SOME PARKING OFF OF CUSHING 20:23:57 . ESPECIALLY FOR ADA. SO I WOULD 20:24:01 ASK THE COMMISSIONERS TO KINDLY DO 20:24:04 THAT, AND PLEASE LOOK SERIOUSLY, ESPECIALLY 20:24:07 AT THE LACK OF ADA PARKING FOR 20:24:10 THESE PUBLIC FACILITIES. THANK YOU. >> Commissioner Daulton: THANK YOU 20:24:14 , MR. SCALA. TRISH DO WE HAVE 20:24:17 ANOTHER SPEAKER? >> YES WE DO. THE NEXT 20:24:20 SPEAKER IS KELLY A. KELLY CAN YOU NOW SPEAK AND 20:24:23 YOU'LL HAVE TWO MINUTES. THANK YOU. 20:24:26 >> YEAH, I WANT TO KNOW WHAT 20:24:29 MR. SCALA IS DOING. HE STOLE MY TOPIC 20:24:33 BUT I'LL GO INTO IT JUST LIKE HE DID. YEAH 20:24:36 THERE'S NO PARKING. DRIVE AROUND THIS NEIGHBORHOOD, 20:24:39 WALK AROUND. YOU'LL SEE NO PARKING SIGNS EVERYWHERE. 20:24:43 YOU SEE STREETS THAT ARE 45 FEET WIDE, ON 20:24:46 BUNCHE DRIVE THAT ARE OVER 70 FEET WIDE ON CUSHING 20:24:49 PARKWAY, YOU HAVE 20:24:52 GIANT PARKING LOTS EVERYWHERE, THAT ARE PRIVATELY OWNED 20:24:56 . AND NO -- 20:25:00 NO CONCEPT OF PUBLIC-PRIVATE SHARING YOU KNOW 20:25:03 . THIS IDEA WE DON'T NEED TO BUILD PARKING 20:25:06 EVERYWHERE, WE DON'T NEED TO PAVE EVERYTHING, WE CAN ALL SHARE 20:25:09 AND SHARE ALIKE AND PLAY TOGETHER AND SHARE OUR 20:25:12 TOYS, NO. FREMONT, IT'S ALL THIS 20:25:16 IDEA OF PRIVATE PARKING 20:25:19 LOTS. SO THERE'S A PACIFIC COMMONS LINEAR 20:25:22 PARK. IT'S A NICE LITTLE TRAIL THAT ACTUALLY 20:25:25 I THINK A PRIVATE DEVELOPER BUILT IT. BUT VERY 20:25:29 NICE AND SUPPOSED TO GO OUT TO LOOK AT 20:25:32 SOME BIRDS OUT THERE IN LIKE 20:25:35 A NATURE SANCTUARY NEARBY AND YOU 20:25:38 CAN'T GET TO THAT BECAUSE NOBODY CAN PARK ANYWHERE 20:25:42 ANYWHERE. THIS IS THE KIND OF INDUSTRIAL WASTE LAND 20:25:45 THAT'S BUILT INTO A WASTE LAND BY DESIGN 20:25:48 . BY DESIGN WHERE WE STERILIZE THE PRIVATE PARK 20:25:52 ING LOTS, WE HAVE THESE GIANT BIG BOX 20:25:55 STRUCTURES, AND WE MAKE IT SO THAT NOBODY CAN 20:25:58 WALK ON THOSE SIDEWALKS. NONE OF THE 20:26:01 OUTSIDERS. MAYBE THE EMPLOYEES CAN, THE ONES WHO ARE 20:26:04 PARKED IN THOSE PRIVATE PARKING LOTS. BUT OTHER PEOPLE 20:26:08 WHO ARE NOT LEGALLY SUPPOSED TO BE ABLE TO WALK DOWN 20:26:11 THOSE STREETS BECAUSE THEY WON'T FIND ANY PARKING 20:26:14 ON THIS SIDE OF THE ROAD. AND YOU GENERATING PARKING ON 20:26:17 THE SIDE OF THE ROAD OVER THERE AT MISSION SAN JOSE FOR THAT PRIVATE 20:26:20 DEVELOPMENT JUST NOW. SO YEAH, THERE IS A LOT OF 20:26:23 OPPORTUNITY HERE, THANKS. >> Commissioner Daulton: THANK YOU KELLY 20:26:27 . TRISH IS THAT IT ON PUBLIC SPEAKERS? >> THAT IS IT. 20:26:30 NO MORE HANDS RAISED SO WE'RE GOOD, THANKS 20:26:33 . >> Commissioner Daulton: OKAY COMMISSIONERS DO YOU HAVE ANY OTHER 20:26:37 QUESTIONS OR COMMENTS FOR STAFF? I WOULD ASK 20:26:40 THE STAFF PLANNER ON THIS 20:26:44 TO TAKE A CRACK AT MR. SCA 20:26:47 MR. SCALA'S POINT. REGARDING PARKING AT THE 20:26:50 LINEAR PARK. >> SURE, SO THE DEVELOPMENT 20:26:53 AGREEMENT DOES NOT COVER PARKING AT THE SITE. AND 20:26:56 SO IT'S A LITTLE BIT OUTSIDE THE SCOPE OF THE REVIEW 20:26:59 TONIGHT. THIS WAS 20:27:02 SECRETARY PULLEN'S PROJECT SO MAYBE HE COULD SPEAK TO THE ORIGINAL 20:27:06 DESIGN INTENT BEHIND SOME OF THE PARKING FACILITIES THERE. 20:27:09 >> Planner Pullen: THANK YOU FOR THAT, FOR TOSSING THAT 20:27:12 QUESTION OVER. YES, ACTUALLY I'VE USED THE TRAIL WITH 20:27:15 MY FAMILY BEFORE SINCE DEVELOPMENT OF THE 20:27:19 PROJECT. THERE ARE PARKING FACILITIES. THEY'RE 20:27:22 NOT PLENTIFUL I'LL SAY. 20:27:25 THE PLAN WAS TO PROVIDE PARKING FOR 20:27:28 THE PEOPLE WHO WORKED THERE, 20:27:31 AND WHO FREQUENT THE SITES, WHO MAY ALSO 20:27:34 PERHAPS ON THE LUNCH BREAK GO DOWN TO THE 20:27:38 POCKET PARK, CIRCULATE THROUGH 20:27:41 PACIFIC COMMONS. I'VE SEEN PEOPLE FREQUENTLY WALKING 20:27:44 AROUND THE TARGET ON THAT WIDE SIDEWALK. SOME 20:27:47 PEOPLE SEEM TO PARK AT THE COMMERCIAL FACILITIES. I DON'T KNOW IF THEY 20:27:51 POLICE THAT HEAVILY. THE BEST PARK 20:27:54 ING IS AROUND BUNCHE, THERE IS STRIPE PARK 20:27:57 ING ALONG THE BACK OF THE THEATER AND ALONG THE ENTIRE ROADWAY 20:28:01 FROM ROUGHLY THE BLOCK THROUGH THE AUTO MALL. THERE IS 20:28:04 ALSO SOME PARKING ON BRANDON COURT THAT IS 20:28:07 PRETTY NEAR THE OTHER 20:28:10 END OF THE -- I GUESS THE EAST END I SHOULD SAY AND THEN 20:28:13 AT THE END OF CHRISTY THERE ARE A FEW SPACE 20:28:16 S DOWN THERE THAT MR. SCALA REFERRED 20:28:20 TO. BUT I THINK IT'S A GOOD COMMENT. I THINK 20:28:23 TO THE EXTENT THAT WIRE ABLE TO WORK WITH OUR PUBLIC WORKS 20:28:26 COLLEAGUES AND SEE IF THERE CAN BE SOME ADDITIONAL SPACES BUILT INTO 20:28:29 THE STREETSCAPE LONG TERM I THINK THAT'S A GOOD ADD. 20:28:32 SO I'LL REACH OUT TO TRANSPORTATION ENGINEERING AND SEE 20:28:35 IF THAT'S SOMETHING THEY CAN CONSIDER. AGAIN NOT 20:28:38 WITHIN THE SCOPE OF THIS PROJECT 20:28:42 BUT A WELCOME COMMENT. >> Commissioner Daulton: VERY APPRECIATED JOEL 20:28:45 , THANK YOU. IN THAT CASE IF THERE ARE NO OTHER COMMENTS BY THE COMMISSIONER 20:28:48 S I WOULD LOOK FOR A MOTION ON THIS ITEM 20:28:51 . 20:28:56 >> Commissioner Basrai: I'LL MAKE A MOTION TO APPROVE. >> Commissioner Daulton: GOT 20:28:59 A MOTION. 20:29:05 WHAT ABOUT THE SECOND? >> Commissioner Liu: I'LL 20:29:08 MAKE THE SECOND. >> Commissioner Daulton: WHO WAS THAT 20:29:11 ? >> Commissioner Liu: CHARTS. 20:29:14 >> Planner Pullen: JOEL CAN WE HAVE A ROLL CALL 20:29:22 CHARLES. >> Commissioner Daulton: 20:29:25 CAN I GET A ROLL CALL? >> Planner Pullen: YES 20:29:30 . COMMISSIONER DAULTON, AYE 20:29:35 . 20:29:42 COMMISSIONER RAO, AYE. COMMISSIONER 20:29:45 YEE, AYE. 20:29:48 COMMISSIONER LIU, AYE. COMMISSIONER STECKLER, AYE 20:29:51 . COMMISSIONER ZHANG, AYE. COMMISSIONER BASRAI. 20:29:54 AYE. 20:29:58 BARK TO YOU 20:30:03 CHAIR. >> Commissioner Daulton: WHY DON'T WE 20:30:06 TAKE TEN MINUTES FOR WHAT IS IT, OUR STENOGRAPHER 20:30:10 ? WE'LL BE BACK AT 8:TOART, 20:30:13 ALL RIGHT, THANK YOU EVERYBODY. 20:30:16 >> I'D LIKE TO REQUIREMENT EVERYBODY TO MAKE SURE YOUR VIDEO AND 20:30:20 YOUR MICROPHONE IS TURNED OFF. THANK YOU. 20:30:23 [ RECESS ] 20:31:14 . 20:41:20 20:41:52 >> IS EVERYBODY HERE YET? 20:42:18 ALL RIGHT, IT IS 8:42. 20:42:25 42TRISH, THROUGH? >> YES, I'M HERE. >> WE'RE 20:42:29 HERE. >> SO QUIET. >> LET'S REJOIN THIS 20:42:32 AGENDA IN PROGRESS, IF WE COULD. I WOULD LIKE TO MOVE 20:42:38 ON, JOEL, TO ITEM 5. INNOVATION REVIEW. CAN YOU 20:42:42 INTRODUCE THAT ITEM FOR US? 20:42:54 >> WILL DO, CHAIR. LET 20:42:57 ME NAVIGATE OVER TO THAT ITEM. ONE 20:43:00 MOMENT SO, 20:43:03 CHAIR, WE HAVE 20:43:07 -- I DON'T WANT TO GET TOO CONFUSING HERE. WE HAVE THIS 20:43:10 DA. AFTER THAT THE TRIPLE E PLAZA AND 20:43:14 THE CHEVRON CUP AMENDMENT REMAINING, RIGHT? >> 20:43:18 YUP. >> SO TO START WITH THE INNOVATION ANNUAL 20:43:21 REVIEW NEXT, OUT OF ORDER HERE THAT PROJECT 20:43:26 AT 45300 FREMONT BOULEVARD, 20:43:30 PLN2022-365 FORTH WARM SPRINGS INNOVATION DISTRICT 20:43:34 PLANNING AREA 4, FREMONT 20:43:37 BOULEVARD, SOUTH GRIMMER BOULEVARD, 20:43:42 LOPES ROAD AND QUANTUM DRIVE. THIS IS TO CONSIDER 20:43:45 AN ANNUAL REVIEW OF THE WARM SPRINGS AREA 4 20:43:49 DEVELOPMENT AGREEMENT FOR APPROXIMATELY 110 ACRES AT THE 20:43:52 SOUTHEAST CORNER OF FREMONT BOULEVARD AND 20:43:56 SOUTH GRIMMER BOULEVARD IN THE WARM 20:43:59 SPRING SOUTH FREMONT COMMUNITY PLAN 20:44:03 AREA, AND TO CONSIDER A FINDING THAT NO FURTHER ENVIRONMENTAL 20:44:06 REVIEW IS REQUIRE PURSUANT TO THE 20:44:09 CALIFORNIA ENVIRONMENTAL QUALITY ACT, 20:44:13 CEQA, GUIDE LINES PER, WITHOUT ELEMENT 20:44:16 NATION. THERE ARE NO PREPARED PRESENTATIONS. >> 20:44:19 IN THAT CASE, I WOULD ASK 20:44:23 COMMISSIONERS IF THEY HAVE ANY QUESTIONS REGARDING THIS ITEM, 20:44:26 FOR THE PLANNER. 20:44:31 I SEE NO HANDS, I'M GOING TO GO STRAIGHT 20:44:34 TO PUBLIC COMMENT. ANYBODY? TRISH, DO 20:44:39 WE HAVE ANY PUBLIC COMMENT ON THIS ITEM. >> 20:44:45 HI, CHAIR DAULTON, I WILL TAKE A QUICK 20:44:48 LOOK. I DON'T SEE ANY HANDS RAZEED SO WE HAVE 20:44:51 NO PUBLIC SPEAKERS. >> IN THAT 20:44:55 CASE, HE WILL ENTERTAIN MOTION. >> I MAKE A MOTION TO ACCEPT 20:44:58 STAFF'S RECOMMENDATION. >> A SECOND. >> SECOND. 20:45:01 >> MOTION BY COMMISSIONER YEE, 20:45:04 SECOND BY 20:45:08 COMMISSIONER 20:45:14 ZANG. A ROLL CALL. >> WHEN I CALL YOUR NAME, PLEASE TAKE 20:45:17 YOUR VOTE. CHAIR 20:45:21 DAULTON. 20:45:31 >> Chairman Daulton: YES. >> Commissioner Rao: 20:45:35 AYE. >> Commissioner Steckler: 20:45:39 AYE. COMMISSIONER 20:45:43 BASRAI. >> AYE. >> THAT'S A 7-0 20:45:46 VOTE AND PLANNING ACTION IS FINAL 20:45:49 UNLESS' PEELED IN COUNSEL IN 10 CALENDAR DAYS. 20:45:53 THAT CONCLUDES THAT EAT. BACK TO YOU, CHAIR. >> SO 20:45:56 WE'RE GOING TO GO BACK TO ITEM 3, THEN. 20:46:01 THE TRIPLE E 20:46:04 PLAZA. JOEL, YOU COULD INTRODUCE THAT EAT? >> WILL DO. 20:46:07 I DID NOTICE BEFORE WE GET TO THE FOLLOWING EAT WITH THE CHEVRON 20:46:11 USED PERMIT AMENDMENT, HE 20:46:14 NOTICE WE HAVE SOME DUPLICATE INDIVIDUALS. IF 20:46:17 YOU DON'T MIND IN THE TIMEFRAME WE'RE WORKING ON THE 20:46:21 TRIPLE E PLAZA IDEA, FOR THOSE WHO MAY HAVE 20:46:24 SHARED YOUR LIPPING PROVIDED BY TRISH, 20:46:27 YOU COULD RENAME YOURSELF SO WE KNOW WHO IS 20:46:30 WHO IT WILL REDUCE THE CONFUSION ON THAT EAT 20:46:33 WITH THAT, WE WILL READ THE TRIPLE E ITEM. 20:46:37 ONE SECOND. ALL RIGHT, SO TRIPLE E PLAZA 20:46:40 AT 730 AND 862 BROWN ROAD. THIS IS 20:46:43 TO CONSIDER A CONDITIONAL USE PERMIT. 20:46:47 DISCRETIONARY DESIGN REVIEW AND TENTATIVE TRACT MAP TO 20:46:50 ALLOW MIXED USE DEVELOPMENT CONSISTING OF 20:46:54 EIGHT RESIDENTIAL TOWN HOME UNITS 20:46:57 AND 3500 SQUARE FOOT PRESCHOOL IN THE WARM SPRINGS COMMUNITY PLAN 20:47:00 AREA AND TO CONSIDER A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW 20:47:03 IS REQUIRED PURSUANT TO 20:47:08 CEQA GUIDELINES WITH THE INFILL 20:47:11 EXEMPTION AND CEQA GUIDE LIKES BECAUSE THE 20:47:15 PROJECT IS CONSISTENT WITH THING GENERAL PLAN AND 20:47:18 THE EIR CONSISTENT WITH THE GENERAL PLAN. I WANT TO 20:47:21 POINT THE COMMISSIONERS TO A GOLD SHEET 20:47:25 CORRECTION. WE DID RECEIVE SOME QUESTIONS AND WANTED TO QUARANTINIFY 20:47:28 THAT FOR THE NUMBER OF STUDENTS THERE IS A 20:47:33 REVISES CONDITION ON THAT NOTES AND CORRECTIONS SHEET TO 20:47:36 SPECIFY THAT THE NUMBER OF STUDENTS IS ONE OFF SO 20:47:39 IT IS 96. AND THEN THERE WAS ALSO A BACK 20:47:42 AND FORTH AFTER WE RECEIVED THE 20:47:46 LETTER FROM THE BICYCLING ADVOCACY COMMUNITY ABOUT 20:47:49 THE SPACING OF THE RACKS ON SEAT AND THAT WAS ALSO 20:47:52 DISCUSSED WITH THE APPLICANT AND PROVIDED AS 20:47:55 REVISED CONDITION TO PROVIDE FOUR FEET RATHER THAN THREE 20:47:59 FEET. AND THE APPLICANT HAS AGREED TO THAT REVISED 20:48:02 COMMISSION TO VOLUNTARILY EXCEED MINIMUM 20:48:05 STANDARD FOR THE BEAK RACK SPACING WITH THAT, 20:48:08 THE PLANNERS HERE, COURTNEY POWELL HAS A PRESENTATION 20:48:11 FOR YOU, FOLLOWED BY AGAIN AMDANT 10 MINUTES 20:48:14 PUBLIC SPEAKERS AND APPLICANT REBUTTAL OF FIVE 20:48:18 MINUTES NEEDED. THANK YOU. >> THANK 20:48:21 YOU, JOEL AND FOOD EKE, PLANNING 20:48:24 COMMISSION. THIS EAT BEFORE YOU TONIGHT A TRIPLE E PLAZA 20:48:27 PROJECT WHICH IS A PROPOSAL FOR A MIXESED USE 20:48:31 DEVELOPMENT CONSISTING OF 3500 SQUARE 20:48:34 FEET, PRESCHOOL BUILDING AS WELL AS 20:48:37 EIGHT RESIDENTIAL TO BE HOME UNITS 20:48:41 LOCATED ON POUND ROAD IN THE WARM SPRINGS COMMUNITY PLANNING AREA. 20:48:44 TONIGHT'S PRESENTATION WILL BEGIN WITH AN OVERVIEW OF THE 20:48:48 REQUIRED PERMITS AND SOME BACKGROUND ON THE 20:48:51 PROJECT SITE. HE WILL THEN PROVIDE AN OVER VIEW OF THE 20:48:54 PROPOSED PROJECT AND ANALYSIS OF THE ZONING PERFORMANCE. 20:48:58 FINALLY, MAY PRESENTATION WILL CONCLUDE WITH STAFF'S 20:49:01 RECOMMENDATION. THE PROJECT BEFORE YOU TONIGHT REQUIRES APPROVAL OF 20:49:05 THREE PERMITS. FIRST A CONDITIONAL USE PERMIT IS 20:49:08 REQUIRED TO ALLOW MIXED USE DEVELOPMENT ON THE SITE, 20:49:11 WHICH IS ZONED COMMERCIAL 20:49:15 OFFICE. IT IS ALSO REQUIRED TO ALLOW THE DAYCARE 20:49:18 USE IN THE COMMERCIAL OFFICE ZONE. ADDITIONALLY, 20:49:21 A DISCRETIONARY DESIGN REVIEW PERMIT 20:49:24 IS REQUIRED TO REVIEW THE PERFORMANCE OF THE 20:49:27 PROJECT DESIGN WITH THE APPLICABLE CITY 20:49:30 DESIGN GUIDELINES. PROBABLY, THE PROJECT REQUIRE 20:49:33 AS TENTATIVE PROJECT MAP FOR PURPOSES 20:49:37 TO' HOW THE COMMERCIAL AND RESIDENTIAL UNIT TO BE SOLD 20:49:40 SEPARATELY FROM ONE ANOTHER. THE PROJECT SEAT CONSISTS OF TWO 20:49:44 PARCELS TOTALING APPROXIMATELY 1.47 GROSS 20:49:48 ACRES. IT HAS A GENERAL PLAN DISI CAN NATION 20:49:52 OF GENERAL COMMERCIAL AND A CORRESPONDING ZONING 20:49:56 DESIGNATION OF COMMERCIAL OFFICE. THE GENERAL COMMERCIAL 20:49:59 DESIGNATION APPLIES TO 20:50:02 LOWER SCALE COMMERCIAL USES AND OFFICE USES TYPICALLY LOCATED AROUND THE 20:50:05 CITY'S ARTERIAL AND COLLECTOR STREETS. MIXED USE 20:50:08 PROJECTS IN TECH ARE PERMITTED WITHIN THE 20:50:12 RETAIL AND OFFICE-ORIENTED GENERAL COMMERCIAL ZONING 20:50:16 DISTRICTS INCLUDING OFFICE COMMERCIAL WHICH IS WHAT THIS 20:50:19 SITE IS 20:50:24 ZONED. THE SUBJECT SITE WAS DEVELOPED WITH A RESIDENTS AND 20:50:27 STRUCTURES IN AND AROUND 1959, HOWEVER THOSE 20:50:31 BUILDINGS WERE DEMOLISHED DOWN TO THEIR 20:50:35 FOUNDATIONS IN 1993 AND STAINS TIME THE SEAT HAS REMAINED 20:50:38 LARGELY VACANT. THE BROWN ROAD AREA CONTAINS A 20:50:43 MIXES OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES 20:50:47 SURROUNDING THE PROJECT 20:50:51 SEAT. IN 2020, A NEW HOTEL WAS COULD BE INSTRUCTED 20:50:54 IMMEDIATELY ACROSS THE ROAD FROM THE PROJECT SITE. OTHER 20:50:58 SEATS ARE TYPICALLY INDUSTRIAL IN NATURE THERE ALSO 20:51:01 COMMERCIAL BUILDINGS LOCATED TO THE SOUTH AND TO THE 20:51:04 EAST OF THE PROJECT 20:51:07 SITE. 20:51:11 A MAJOR CONSIDERATION OF THE SITE IS THE CREEK THIS RUNS 20:51:14 ALONG THE PROJECT 20:51:17 SEAT'S SOUTHERN PROP 20:51:22 LINE 20:51:25 YOU CAN SEE THERE IS A SIGNIFICANT PORTION ON THE BANKS 20:51:29 ARE THE CREEK. CITY DEVELOPMENT STANDARDS 20:51:32 AND ENVIRONMENTAL CONCERNS PREVENT DEVELOPMENT WITHIN 20 20:51:35 FEET IN THE TOP OF BANK. WHEN THIS CREEK SET BACK IS TAKEN INTO 20:51:39 CONSIDERATION, THE USEABLE ACREAGE OF THE SITE DECREASES 20:51:42 TO ONLY .81 NET ACRES. OBVIOUSLY 20:51:45 THE LOCATION OF THE CREEK AND THE REDUCTION 20:51:48 IN USEABLE AREA GREATLY INFORMED THE SEAT PLANNING FOR 20:51:52 THE PROPOSED DEVELOPMENT 20:51:58 THE APPLICANT PROPOSES TO CONSTRUCT 20:52:02 TWORETION DENY SHALL TOWN HOME BUILDINGS AND ONE PRESCHOOL SITE 20:52:05 AS PART OF A HORIZONTAL MIXED USE PROJECT. THE 20:52:08 PROJECT WOULD BE ACCESSED FROM BROWN ROAD, 20:52:12 VIA THREE SEPARATE DRIVEWAYS. TWO WOULD BE CONNECT BADE 20:52:15 ROADWAY THAT ENCIRCLES THE TWO RESIDENTIAL 20:52:19 BUILDINGS. THAT ROADWAY WOULD PROVIDE ACCESS TO EIGHT 20:52:22 PRIVATE TWO-CAR 20:52:25 GARAGES, SEVEN GUEST 20:52:30 PARKING SPACES AND FOUR PARKING SPACES FOR THE PRESCHOOL BUILDING. THE THIRD DRIVEWAY WOULD EXCLUSIVELY 20:52:34 ACCESS AN EIGHT-SPACE PARKING LOT THAT WOULD BE ASSOCIATED WITH THE 20:52:38 PRESCHOOL BUILDING 20:52:42 . THE RESIDENTIAL COMPONENT OF THE 20:52:45 PROJECT WOULD CONSIST OF TWO FOUR UNIT, THREE 20:52:48 STORY TOWN HOME BUILDINGS. EACH RESIDENTIAL 20:52:51 UNIT WOULD HAVE THREE BEDROOMS AND 20:52:55 APPROXIMATELY 1900 SQUARE FEET IN TOTAL AREA, INCLUDING 20:52:59 A 470 SQUARE FOOT PRIVATE TWO CAR GARAGE 20:53:02 LOCATED ON THE GROUND FLOOR. 20:53:06 PEDESTRIAN ENTRANCES TO EACH UNIT WOULD BE PROVIDED FROM THE 20:53:09 BROWN ROAD FRONTAGE. ADDITIONALLY, EACH 20:53:12 UNIT WOULD CONTAIN THREE BALCONIES 20:53:15 BETWEEN 58 AND 75 SQUARE FEET 20:53:19 IN AREA. THE COMMERCIAL PORTION OF THE PROJECT WOULD CONSIST 20:53:22 OF A ONE STORY CHILDCARE 20:53:25 BUILDING WITH A 1550 SQUARE FOOT OUTDOOR PLAY 20:53:29 AREA. THE FACILITY WOULD OFFER 20:53:33 DAYCARE SERVICES FOR CHILDREN UP TO 12 YEARS 20:53:36 OF AGE. THE MAXIMUM CAPACITY OF THE 20:53:39 FACILITY WOULD BE 96 20:53:44 CHILDREN. THE HOURS OF OPERATION OF 7:00 20:53:48 A.M. TO 7:00 P.M., IT WOULD OFFER FULL DAY AND HALF 20:53:52 DAY PROGRAMS. THEY WOULD HAVE STAGGERED START AND 20:53:55 END TEAMS TO REDUCE THE TRAFFIC AT THEY GIVEN TIME THAT IS 20:53:58 ASSOCIATED WITH PICK UP AND 20:54:01 DROP OFF. AS A WHOLE, THE 20:54:05 PROPOSE PROJECT WOULD BE CONSISTENT WITH ALL THE APPLICABLE 20:54:08 ZONING STANDARDS SUCH AS BUILDING HEIGHT, BUILDING 20:54:11 FRONTAGE, SET BACKS AND FAR. AS 20:54:14 SHOWN ON THISLY ISD AND DESCRIBED IN FURTHER DETAIL 20:54:17 IN YOUR STAFF REPORT TONIGHT. THE 20:54:22 MUNICIPAL CODE ALSO REQUIRES MIXED USE PROJECTS 20:54:27 CONTAIN A SUBSTANTIAL COMPONENT 20:54:30 WITH ADEQUATE DEPTHS 20:54:33 TO SUPPORT VARIOUS TENDENCIES. IT IS WITHIN 20:54:37 REQUIREMENTS FOR MIXED USE DEVELOPMENT PROJECTS. WHILE PURPOSE 20:54:40 BUILD AS A PRESCHOOL, THE COMMERCIAL 20:54:44 COMPONENT WOULD HAVE SUFFICIENT CEILING HEIGHTS 20:54:47 AND DEPTHS TO CON STREET ANOTHER USE IN THE FUTURE. 20:54:50 THE MULTI FAMILY RESIDENTIAL PORTION OF A MIXESED 20:54:53 USE DEVELOPMENT IS ADDITIONALLY GOVERNED BY THE MULTI 20:54:57 FAMILY RESIDENTIAL DISTRICT STANDARDS MOST 20:55:01 SIMILAR IN NATURE AND FUNCTION OF THE RESIDENTIAL PORTION OF THE 20:55:04 MIXED USE DEVELOPMENT IN THIS CASE, THE PROJECT IS 20:55:07 MOST SIMILAR IN NATURE TO THE R311 DISTRICT. 20:55:10 THE RESIDENTIAL PORTION OF THE PROJECT WOULD BE CONSISTENT WITH ALL 20:55:14 OF THE' PLICCABLE ZONING STANDARDS REGARDING BUILDING 20:55:18 SPACING, COMMON OPEN SPACE, PRIVATE OPEN SPACE 20:55:21 AND STORAGE. FINALLY, THE 20:55:26 PROPOSE PROJECT WOULD ALSO BE CONSISTENT WITH ALL 20:55:29 APPLICABLE PARKING REGULATIONS. THE PROJECT 20:55:32 PROVIDES MORE THAN THE MINIMAL AMOUNT OF REQUIRED AUTOMOBILE 20:55:35 PARKING FOR BOTH THE RESIDENTIAL AND COMMERCIAL 20:55:39 COMPONENTS IT. ALSO PROVIDES 20:55:42 BOAST LONG AND SHORT-TERM BICYCLE PARKING FACILITIES 20:55:45 CONSISTENT WITH THE REQUIREMENTS 20:55:49 OF THE MUNICIPAL CODE. THE PROJECT IS ALSO 20:55:52 CONSISTENT WITH CITY DESIGN GUIDELINES RELATED TO 20:55:55 SEAT PLANNING AND ARCHITECTURAL DESIGN. AS PREVIOUS 20:55:59 REMIXED, THE SITE IS CONSTRAINED BY THE CREEK AND THE SEAT PLAN 20:56:02 RESPONDS TO THE REQUIRED CREEK SET BACK BY 20:56:05 PLACING THE BUILDINGS WITH A STRONG STREET 20:56:09 PRESENCE ALONG BROWN ROAD. THIS PLACEMENT MIRRORS THE PLACEMENT 20:56:12 OF THE HOTEL BUILDING DIRECTLY ACROSS THE STREET AND ALSO 20:56:16 THE COMMERCIAL BUILDING IMMEDIATELY TO THE EAST OF THE 20:56:19 SUBJECT SITE. THE MAIN ENTRANCES TO ALL THE RESIDENTIAL 20:56:22 UNITS AND TO THE PRESCHOOL BUILDING WOULD FACE THE 20:56:25 PUBLIC SIDEWALK AND THE STREET WHICH IS CONSISTENT WITH A MULTI 20:56:29 FAMILY AND CITY WIDE DESIGN GUIDELINES. 20:56:37 ALL THE ALLINAS WITHIN THE PROJECT WOULD HAVE A MODERN ARCHITECTURAL STYLE WITH COLORS, 20:56:40 FORMS AND MATERIALS. TWO RESIDENTIAL 20:56:43 BUILDINGS WOULD BE CONSTRUCT WAD HIGH SENSITIVE TIME OUT 20:56:46 MASS AND BULK. THE BALANCE CON FEES AND 20:56:50 OTHER THINGS WOULD BREAK IT INTO SMALLER, 20:56:53 READABLE FORMS TO REDUCE THE APPEARANCE OF BULLING FROM THE 20:56:56 STREET. THE RESIDENTIAL BUILDINGS HAS 20:57:00 MULTIPLE COLOR AND MATERIAL APPLICATIONS IN A 20:57:04 CONSISTENT MANNER. THE COMMERCIAL BUILDING IS 20:57:07 PLAYING OFF THE DETAILS OF THE RESIDENTIAL 20:57:11 BUILDINGS, NOTION LARGE AND TRANSPARENT ALUMINUM WINDOWS ON 20:57:14 THE STREET-FACE FASHION SAD. ON THIS 20:57:17 BUILDING, PAINTED WOOD 20:57:23 CLADDING WOULD ANCHOR THE BUILDING ENTRANCE ON THE EAST SEED OF THE BUILDING, WHICH WOULD BE CONSISTENT 20:57:27 WITH THE CITY WIDE DESIGN GUIDELINES. 20:57:30 ADDITIONALLY, THE LANDSCAPE AND OPEN SPACE DESIGN OF THE PROJECT 20:57:34 IS CONSISTENT WITH OBJECTIVE DESIGN RULES 20:57:37 CONTAINED WITHIN THE MULTI FAMILY AND CITY WIDE DESIGN 20:57:40 GUIDELINES. THE PROJECT WOULD NOT REMOVE OR 20:57:44 DISTURB ANY TREES. INSTEAD IT WOULD 20:57:48 ADD 34 NEW TREES THAT WOULD MOSTLY BE PLANTED IN 20:57:51 THE REAR OF THE SITE TONIGHT HANDS 20:57:54 THE OPEN SPACE FRAME. INDEED, THE PROJECT TAKES FULL ADVANTAGE 20:57:57 OF THE OPEN SPACE SET BACK BY INCORPORATING A 20:58:01 SHARED PATIO AREA AND ME ANDERRING 20:58:08 NATURE ACTUALLY IN THIS AREA AS A UNIQUE AND CONTEXT SENSITIVE AMENITY OF FUTURE RESIDENTS OF THE 20:58:12 DEVELOPMENT. EACH OF THE RESIDENTIAL UNITS HAS TWO 20:58:15 REAR FACING BALCONIES THAT OVERLOOK THE CREEK. 20:58:18 THE ORIENTATION OF THESE BALCONIES ENHANDSES 20:58:21 THE QUALITY OF THE PRIVATE OPEN SPACE 20:58:24 PROVIDED AND 20:58:29 CREATES NATURAL SURVEILLANCE OF THE YEAR YEAR AND THE NATURE TRAIL TO DISCOURAGE TRESPASSING. 20:58:32 ON THE COMMERCIAL SIDE OF THE DEVELOPMENT, 20:58:35 THE PRESCHOOL PLAY AREA WOULD HAVE AGE 20:58:39 APPROPRIATE PLAY EQUIPMENT ON SYNTHETIC TURF 20:58:42 AND MULCH. BENCHES AND A WATER FOUND 20:58:45 TOWN WOULD PROVIDE ADDITIONAL 20:58:49 AMEND AMENITY IN THIS AREA THAT CONCLUDES STAFF'S 20:58:53 REVIEW OF THE PROPOSED PROJECT. THE PROJECT IS 20:58:56 SUBJECT TO THE HOUSING ACCOUNTABILITY ACT WHICH 20:58:59 STATES THE CITY CANNOT REDUCE THE 20:59:02 PROJECT THAT COMPLIED WITH ALL GENERAL 20:59:06 PLANNING AND ZONING STANDARDS AND CRITERIA UNLESS FINDINGS 20:59:09 CAN 20:59:14 BE MADE IT WOULD HAVE AN UNAVOIDABLE IMPACT ON PUBLIC HEALTH AND SAFETY THAT CAN'T BE MITIGATED IN ANY OTHER 20:59:17 WAY THAN REJECTING THE PROJECT AND REDUCING ITS 20:59:20 SIZE. AS DISCUSSED IT I PEERS IT 20:59:24 COMPLIES WITH ALL THE APPLICABLE STANDARDS 20:59:28 AND POLICIES AND STAFF DON'T HAVE 20:59:31 ANY PROOF IT 20:59:35 WOULD NECESSITATE DISAPPROVAL. THE STAFF'S RECOMMENDATION IS TO FIND THE 20:59:38 PROJECT IS EXEMPT FROM THE STANDARDS OF THE CALIFORNIA ENVIRONMENTAL 20:59:42 QUALITY ACT, FURNITURE CEQUA 20:59:47 GUIDELINES 332 RELATED TO IN FELL 20:59:50 PROJECTS IN THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND 20:59:53 UNDER LAYING ZONING. STAFF ALMOST RECOMMEND 21:00:01 TO FIND THE PROJECT IN COME FORMS AND WITH THE GENERAL PLAN AND TO APPROVE THE CONDITIONAL USE PERMIT, 21:00:05 DISCRETIONARY DESIGN PERMIT, THE TRACT MAP SUBJECT TO THE 21:00:08 CONDITIONS OF APPROVAL FOUND IN EXHIBIT B. THAT CONCLUDES 21:00:11 STAFF'S PRESENTATION THIS EVENING, AND I'M NOW 21:00:14 AVAILABLE FOR ANY CLARIFYING QUESTIONS YOU MAY HAVE. THANK YOU. 21:00:17 >> THANK YOU, COURTNEY. COMMISSIONERS, ANY QUESTIONS FOR STAFF 21:00:21 ON THIS 21:00:25 EAT 21:00:29 . BEN YEE, I RECOGNIZE YOU. 21:00:33 >> Commissioner Yee: LET ME UNMUTE 21:00:37 THIS TEAM 21:00:43 . 21:00:47 IS THIS WAN 21:00:50 HALF MILE? >> IT IS 21:00:53 SLIGHT OUT. >> WE TALK ABOUT DENSITY AND THESE ARE FAIRLY LARGE UNITS 21:00:56 AND IT WOULD BE NICE TO INCREASE THE 21:01:00 DENSITY, IT IS LIKE WHAT CHAIR DAULTON WAS SAYING WITH ONE OF THE OTHER 21:01:03 AGENDA ITEMS, HOW 21:01:07 TO MITIGATE SOME OF THOSE HOUSEDOG IMAGINED AND NEEDS SO 21:01:10 IT IS OUT THE TOD. >> IT IS OUTSIDE THE 21:01:13 TOD. WHAT I WOULD ADD IS THE APPLICANT THROUGHOUT THE PROCESS HAS LOOKED 21:01:16 AT A NUMBER OF CONFIGURATIONS FOR THE 21:01:19 UNITS INCLUDING A MUCH DENSER PROJECT AT THE 21:01:23 ORIGINAL PROPOSAL BUT THE 21:01:27 ENVIRONMENTAL CON 21:01:34 , THAT'S CONSTRAINED FOR ENVIRONMENTAL PURPOSES. >> THANK 21:01:37 YOU. >> THEY OTHER COMMISSIONERS HAVE QUESTIONS ON 21:01:41 THIS ITEM? 21:01:45 COURTNEY, I WOULD ASK 21:01:50 WHAT, ARE THERE 21:01:54 DEEDED CONSTRAINT THAN CORRIDOR? CAN YOU TELL ME A LITTLE BIT 21:01:57 ABOUT THAT. >> YEAH, SO RECURRING QUARTER ITSELF IS 21:02:00 PROTECTED AS PART OF A WATER COURSE 21:02:04 EASEMENT OF THE. >> Commissioner Zhang: 21:02:08 OF 21:02:11 ALAMEDA COUNTY FLOOD CROAT DISTRICT. IN ADDITION TO THAT, THERE IS ALSO 21:02:15 THE 20-FOOT CREEK SET BACK WHICH IS NOT A DEED REDSTREAKS AND IS 21:02:18 NOT PROPOSED TO BECOME A DEEDED RESTRICTION BUT WHICH WOULD BE 21:02:21 AN ADDITIONAL DEVELOPMENT CONSTRAINT 21:02:24 ESSENTIALLY IMPOSED ON THE PROJECT. THE 21:02:27 MUNICIPAL CODE TO LIMIT THE POTENTIAL IMPACTS ON 21:02:31 DEVELOPMENT ON THE 21:02:34 CREEK. >> Chairman Daulton: IS 21:02:38 THERE SECURITY FENCING BETWEEN THE PEDESTRIAN 21:02:41 WALKWAY BEHIND THE HOUSING AND THE SET BACK? >> 21:02:45 NO, THERE NO PROPOSED FENCING. IN 21:02:52 FACT, 21:02:59 ANIMALS MIGHT USE THAT AREA AS THE PEDESTRIAN 21:03:03 CORRIDOR THEMSELVES SO FENCING WAS NOT ALLOWED IN THAT AREA 21:03:06 FOR THAT REASON. >> OKAY. ANY OTHER CLARIFYING QUESTIONS? 21:03:11 WE DO HAVE -- OH, CHARLES, 21:03:14 PLEASE. COMMISSIONER LIU. >> Commissioner Liu: I HAVE A QUESTION 21:03:17 FOR THE PLANNER, COURTNEY. I NOTICED THERE IS A COUPLE OF 21:03:21 HOUSES TO THE WEST OF THE PROPOSED 21:03:24 JOB SITE AND 21:03:28 SO 21:03:31 AND YOU ALSO SAID THIS IS COMMERCIAL ZONING. WHAT WAS IT BEFORE 21:03:34 AND IF IT IS COMMERCIAL RIGHT NOW 21:03:37 AND WE'RE CHANGING INTO A 21:03:42 MIXESED COMMERCIAL -- WE'RE CHANGING INTO A 21:03:45 MIXED ZONING 21:03:48 WITH RESIDENTIAL UNITS 21:03:51 HERE. SO, I THINK 21:03:55 IT WAS COMMERCIAL ONLY, NOW WE'RE CHANGING INTO MIXED, 21:03:58 RIGHT? THAT'S THE PROPOSAL HERE. >> JUST TO BE 21:04:01 CLEAR THERE'S NO ZONING CHECK PROPOSALS 21:04:04 UNDER CONSIDERATION TONIGHT. THE ZONING OF THE SEAT IS CURRENTLY 21:04:07 COMMERCIAL OFFICE, AND IT WILL REMAIN COMMERCIAL OFFICE 21:04:10 AFTER THE PROPOSED PROJECT UNDER THE 21:04:13 PROPOSED PROJECT. THE COMMERCIAL 21:04:17 OFFICE ZONE ALLOWS MIXED USE WITH A CONDITIONAL USE 21:04:21 PERMIT SO THE ITEM UNDER CONSIDERATION WOULD BE THAT CONDITIONAL USE 21:04:24 PERMIT TO AUTHORIZE MIXED USE. THE CONDITIONAL USE PERMIT 21:04:28 ESSENTIALLY REQUIRES CERTAIN FINDINGS THE 21:04:31 COMMISSION MUST MAKE REGARDING THE SUITABILITY OF A 21:04:34 MIXED USE PROJECT IN THIS AREA. WHILE I MENTIONED 21:04:37 THE AREA DOES HAVE SOME 21:04:43 MIXED USE NEIGHBORHOOD THERE IS THE HOTEL ACROSS THE STREET TWO BUILDINGS DOWN 21:04:46 THERE IS THE SUNRISE VILLAGE SHELTER, THAT 21:04:49 IS RESIDENTIAL IN NATURE THERE ARE A NUMBER 21:04:54 OF OTHER DAY CARE USE IN THE VICINITY SO IT IS A NEIGHBORHOOD SEES 21:04:57 AN APPROPRIATE MENTION OF USES IN STAFF 21:05:01 USES SO THAT'S WHY STAFF IS RECOMMENDING THAT COMMISSION MAKE 21:05:04 THE FINDINGS REQUIRED TO APPROVE THE CONDITIONAL USE 21:05:07 PERMIT. BUT THERE IS NO CHANGE ZONE CONSIDERED 21:05:10 TONIGHT. >> OKAY. THANK YOU. 21:05:13 >> I WANT TO CLARIFY ONE THING OR ADD TO ONE THING THAT COURTNEY 21:05:16 SAID AND THAT IS THE 21:05:19 PERMIT FOR YOU IS A CONDITIONAL USE PERMIT. 21:05:22 CONDITIONAL USE PERMIT IS AN OLDER 21:05:27 REQUIREMENT FOR A COMMERCIAL MIXED USE PROJECT OF THIS 21:05:31 TYPE. BACK WHEN THERE WAS AN 21:05:34 OBJECTIVE COMPLIANCE BY RATE FOR PROJECTS LIKE THIS, WE 21:05:38 HADIYA PENDLETONED TO USE A USE PERMIT FOR 21:05:41 SEATS UNDER TWO ACRES AND PLANNED FOR SITES OVER TWO 21:05:45 ACRES. NOW UNDER OUR CODE AND UNDER STATE LAW, A 21:05:48 RESIDENTIAL DEVELOPMENT, MORE THAN TWO-THIRDS 21:05:52 RESIDENTIAL DEVELOPMENT SUCH AS THIS IS REQUIRED TO BE ALLOWED 21:05:55 IF IT MEETS OBJECTIVE STANDARDS 21:06:00 IN OUR CODE. WHEEL THE TOOL IS A USE PERMIT, THE COMPLIANCE OF THAT USE PERMIT NEEDS TO 21:06:04 BE BASED ON OBJECTIVE STANDARDS IS IS AN OPPORTUNITY 21:06:07 FOR THE COMMISSION TO DECIDE THAT MIXED USE WOULD NOT BE 21:06:11 APPROPRIATE FOR ANY GIVEN LOCATION. >> 21:06:16 OKAY. THANK YOU. 21:06:19 COMMISSIONER YEE. >> Commissioner Yee: YES, I HAVE ANOTHER QUESTION FOR COURTNEY. 21:06:23 FOR THAT AERIAL PHOTOGRAPHER GRAPH I 21:06:26 NOTICED ON THE TWO ON THE SLIDES IS ALL OF THOSE CARS 21:06:29 PARKED ALONG THAT, THE FRONTAGE OF THAT PROPERTY. I 21:06:32 KNOW WHERE MANY OF THOSE CARS ARE COMING FROM. I GUESS 21:06:36 MY CONCERN IS, THIS PICK UP AND 21:06:39 DROP OFF FOR THAT PRESCHOOL, WILL 21:06:42 THAT FRONTAGE ROAD, WILL THAT BE STILL PUBLIC OR IS 21:06:45 THAT GOING TO BE PRIVATE FOR THE USE OF THE 21:06:48 PRESCHOOL? BECAUSE, AS YOU CAN SEE IN THAT PICTURE THERE'S QUITE A FEW 21:06:52 CARS THAT GO ALL THE WAY UP AND DOWN THAT WHOLE PROPERTY 21:06:55 AND EVEN FURTHER. >> SO THERE'S 21:06:58 NO PROPOSED CHANGES NECESSARILY TO STREET 21:07:02 PARKING ALONG BROWN ROAD. STREET PARKING ALONG BROWN ROAD 21:07:05 RIGHT NOW IS NOT STRIPED IT WILL CONTINUE TO BE 21:07:09 UNSTRIPED STREET FRONTAGE PARKING AFTER THE PROPOSED 21:07:13 DEVELOPMENT PROJECT. THAT PARKING WOULD BE OPEN TO THE 21:07:16 PUBLIC AS IT IS RIGHT NOW WITH THE OBVIOUS 21:07:19 CONCESSION THERE WOULD HOW TO AND FEW DRIVEWAYS 21:07:22 THERE TO SLIGHTLY REDUCE STREET PARK BUG ALL PICK UP AND DROP OFF 21:07:26 OPERATIONS FOR THE PRESCHOOL WOULD BE REQUIRED FOR 21:07:29 CONDITIONS OF APPROVAL WITHIN THE PRIVATE PARKING 21:07:32 LOT. IT COULD NOT INTERFERE WITH THE PUBLIC RIGHT OF WAY AT ALL. 21:07:35 SO THERE WOULD NOT BE ANY ANTICIPATED IMPACTS 21:07:38 OF PICK UP AND DROP OF ON THE AVAILABILITY OF THE STRAIGHT 21:07:40 PARKING SPACES. >> OKAY. THANK YOU. 21:07:51 >> Chairman Daulton: ANY OTHER CLARIFYING QUESTIONS 21:07:55 FOR STAFF? LET'S SEE COME TO WE 21:07:59 HAVE THE APPLICANT HERE? >> YES. 21:08:02 I'M HERE. >> ALL RIGHT, I WOULD GIVE YOU 10 MINUTES TO GIVE 21:08:05 YOUR PRESENTATION 21:08:14 . >> I WOULD LIKE TO START WITH A THANK YOU, 21:08:17 MEMBERS OF THE COMMISSION, FOR HAVING THIS PROJECT 21:08:20 ON TODAY'S AGENDA TOMORROW START, WITH 21:08:23 I WANT TO THANK COURTNEY POWELL, THE 21:08:26 PLANNER ON THE PROJECT, FOR 21:08:30 DILIGENTLY WORKING WITH THE ARCHITECT, CIVIL 21:08:33 ENGINEER, FOR THE LAST TWO AND A HALF 21:08:37 YEARS. AND THERE WAS A LOT OF DISCUSSIONS, 21:08:40 A LOT OF GOING BACK AND 21:08:43 FORTH. A LOT OF PATIENCE AND, 21:08:48 YOU KNOW, SHE GOT US 21:08:51 HERE TO THIS POINT. IT IS VERY 21:08:54 MUCH APPRECIATED, AND THE 21:08:57 WHOLE PLANNING DEPARTMENT WORKED 21:09:01 DILIGENTLY WITH OUR ARCHITECT'S 21:09:04 TEAM. WE VERY MUCH APPRECIATE 21:09:07 THEIR WORK ON THIS. 21:09:12 I WANT TO REEMPHASIZE WHAT COURTNEY 21:09:16 HAD JUST MENTIONED 21:09:23 . IT RUNS EAST TO WEST ON 21:09:26 THE SOUTHERN BORDER OF THE SITE MADE IT VERY CHALLENGING 21:09:29 FOR ANY DESIGN, 21:09:33 AND THE WAY 21:09:42 WE DESIGNED THE COMMERCIAL UNITS AND PRESCHOOL. THE SET 21:09:46 BACKS, WE KNEW THERE WOULD BE SOME SET BACKS BUT WHAT WE 21:09:49 WEREN'T AWARE 21:09:53 BEFORE 21:09:56 THIS SET BACK IS DIFFERENT FROM OTHER SET BACK WHICH IS IS 21:10:00 TYPICALLY REQUIRED IN ALL THE PROJECTS IN OTHER 21:10:04 PROJECTS WE CAN PUT UP PARKING 21:10:08 STALLS, WE CAN PUT STORM WATER 21:10:12 TREATMENT, WE CAN CONSIDER THE SET BACKS AS A 21:10:15 LANDSCAPE AREA AND ALL 21:10:19 THAT. THIS SET BACK FOR 21:10:22 THIS CREEK WILL NOT COUNT TOWARDS 21:10:26 ANY OF THOSE. 21:10:29 SO THAT MAKES IT VERY HARD TO DESIGN 21:10:32 THE REST OF THE THINGS 21:10:37 AND THEN STILL, YOU 21:10:41 KNOW, BENEFICIAL TO EVERYBODY 21:10:45 INVOLVED. 21:10:48 SO, THAT WAS OUR BIGGEST CHALLENGE THAT WE 21:10:52 FACED DURING THE WHOLE DESIGN. WE 21:10:55 DID, AS COURTNEY MENTIONED, WE DID SEVERAL 21:10:59 LAYOUTS TO TRY IT 21:11:02 OUT TO SEE, TO 21:11:07 HAVE MOD UNITS TO ACCOMMODATE 21:11:10 MOD UNITS IN AFFORDABLE UNITS BY 21:11:13 DESIGN. IT WASN'T WORKING OUT. AND 21:11:17 IT WAS COUNTER PRODUCTIVE TO PROVIDE 21:11:20 MOD UNITS, THEN WE HAD TO PROVIDE MORE 21:11:24 PARKING, MORE COMMON AREA, IN 21:11:27 TERMS OF PROVIDING ADDITIONAL 21:11:33 SPACES FOR 21:11:36 , COMMON USES FOR THE UNGETS, 21:11:39 ADA REQUARTERMENTS. SO WE 21:11:44 DETERMINED THAT 21:11:49 PAYING THE FEE FOR AFFORDABLE UNITS IS THE BEST 21:11:53 POSSIBLE SCENARIO TO MAKE THIS PROJECT 21:11:57 VIABLE. 21:12:05 THE CITY CAN INVEST THAT MONEY ELSEWHERE, WHERE AFFORDABLE 21:12:08 UNITS CAN BE ACCOMMODAT 21:12:11 ED WITHOUT THIS 21:12:14 MUCH CHALLENGE 21:12:25 . WE HAVE 5300 SQUARE FOOT OF COMMERCIAL BUILDING, 21:12:28 WHICH IS PRESCHOOL FOR NOW BUT IN THE FUTURE IT MIGHT BE 21:12:32 CONVERTED TO OTHER USERS. 21:12:40 THIS IS OPERATIONAL AND THE WHOLE DEVELOPMENT 21:12:43 WILL CREATE ANOTHER 21:12:47 CONSTRUCTION JOBS, 40 TO 50 DIRECT 21:12:50 AND INDIRECT JOBS. 21:12:55 I BELIEVE THIS DEVELOPMENT WITH A CONTRIBUTE TO CITY'S 21:12:58 GOAL OF BECOMING MORE 21:13:02 STATISTICALLY OPEN, AND IT WILL DEFINITELY ADD VALUE TO 21:13:05 THE INNOVATION DIRECT, WHICH IS -- WHICH 21:13:10 BORDERS THIS 21:13:14 DEVELOPMENT. SO, WITH 21:13:18 THAT, I WOULD -- THAT'S ALL I HAVE. 21:13:22 >> ALL RIGHT. THANK YOU FOR THAT 21:13:25 PRESENTATION. AT 21:13:28 THIS POINT, I WOULD LIKE TO GO TO 21:13:32 PUBLIC COMMENT ON THIS EAT. TRISH, IF WE 21:13:35 HAVE ANY. >> YES, CHAIR DAULTON, WE DO HAVE 21:13:38 TWO HANDS RAISED SO I'LL INTRODUCE THE 21:13:42 SPEAKERS. KELLY A, GO AHEAD AND SPEAK. YOU NOW HAVE 21:13:46 PERMISSION. >> THANK YOU. YEAH, YOU NOTICE HOW ON THIS 21:13:50 STREET, UNLIKE THOSE BRAND NEW STREETS THAT YOU JUST NOW 21:13:53 WIDENED AND BELT OVER THERE AT PACIFIC COMMONS THERE'S 21:13:57 CURB PARKING EVERYWHERE UP AND DOWN THE ROAD. 21:14:00 WHAT WAS THE FIRST REACTIONS OF THE CITY 21:14:03 OFFICIALS AND COMMISSIONERS? OH, WHAT CAN WE 21:14:07 DO TO ELIMINATE THAT WHY IS THAT. WELL, MAYBE 21:14:10 IT IS NEEDED. I DON'T KNOW. AND, I THINK 21:14:13 THAT WE NEED TO, FIRST OF 21:14:16 ALL, NOTICE YOU'RE BUILDING LIKE A PRESCHOOL OR 21:14:20 AN EDUCATIONAL CENTER FOR YOUNG CHILDREN HERE AND THIS 21:14:23 CITY HAS A HABIT OF DENIGRATING AND 21:14:32 AND DEPRICATING THAT 21:14:35 USAGE GOOD MORNING TO GOOGLE AND 21:14:38 LOOK AROUND. A COMPASS 21:14:43 ACADEMY AND GENIUS KIDS. THEN ANOTHER 21:14:46 GENIUS KIDS. 600 FEET EAST ON 21:14:49 THE SAME SEED OF THE CREEK, A 21:14:53 KENANGO AND 1500 FEET EAST A 21:14:57 GOLDEN ACADEMY OF EDUCATION OR SOMETHING. THIS NEIGHBORHOOD IS A 21:15:00 CENTER OF EDUCATIONAL EXCELLENCE AND I THINK WE NEED TO LEAN 21:15:03 INTO IT AND NOT TRY TO OUTLAW THESE USES. YOU 21:15:06 KNOW, IT'S A GOOD THING. NOW, RIGHT BEHIND HERE IS 21:15:10 AN 21:15:13 AGUA CALEENTE CREEK. YOU KNOW WHAT ELSE IT IS FAMOUS 21:15:16 FOR? IT RUN THROUGH MISSION PEAK. AT MISSION 21:15:19 PEAK FORECAST ANYBODY WAS GOING TO BE PUTTING UP A PARKING LOT 21:15:22 OR ANYTHING WITHIN HUNDREDS OF FEET OF THIS CREEK, PEOPLE WOULD BE 21:15:26 SCREAMING ABOUT THE LAND SLIDES AND EVERYTHING ELSE. HERE YOU ARE 21:15:30 BUILDING RIGHT UP TO WITHIN 20 FEET OF THE BANK AND THERE'S 21:15:34 NO PROBLEM HERE. SEAMING CREEK, BY THE WAY. 21:15:37 THESE THINGS ARE 21:15:42 HUGE 21:15:47 . THIS IS MORE VERY EXPENSIVE 21:15:50 HOUSING, TYPICAL FREMONT CONSTRUCTION, HUGE EXPENSE. 21:15:57 >> Chairman Daulton: THANK YOU, KELLY. TRISH, DO WE 21:16:00 HAVE ANOTHER SPEAKER. >> YES, WE HAVE TWO MORE HANDS 21:16:04 RAISED. LET MOO INTRODUCE THE NEXT SPEAKER. 21:16:07 GO AHEAD AND SPEAK. >> GOOD EVENING, 21:16:13 ANDREAS, FREMONT. I WOULD LIKE TO THANK THE APPLICANT 21:16:16 FOR UP GRADING THE BIKE RACK SPACING TO THE 21:16:19 RECOMMENDED GUIDELINES. I GUESS I WOULD APPRECIATE SOME CLARIFY 21:16:23 EDUCATION FROM THIS COMMISSION OR FROM 21:16:26 STAFF. MY INTERPRETATION OF THE LANGUAGE IS IF A MASTER PLAN 21:16:29 HAS BOTH A RECOMMENDED AND A 21:16:32 MINIMAL GUIDANCE, YOU RECOMMENDED IS 21:16:36 THE DEFAULT AND THE MINIMUM IS TO BE 21:16:39 USED WHEN THERE IS A GOOD REASON NOT TO USE INDICT 21:16:42 FAULT SOME IN MY VIEW THE FOUR FEET 21:16:45 SPACING SHOULD HAVE BEEN DEFAULT. IF THIS 21:16:52 BODY FEELS THAT IT'S THE OTHER WAY AROUND, AND I TYPICALLY SEE A LOT OF CASES, THE BEAK PARKING IS DESIGNED TO 21:16:55 THE MINIMAL STANDARDS, I WOULD LIKE TO -- I 21:16:58 WOULD LIKE FOR YOU TO COME OUT AND ACTUALLY SAY 21:17:01 THAT'S HOW YOU INTERPRET THE LANGUAGE IN THE BIKE MASTER PLAN 21:17:04 OR ANY MASTER PLAN FOR THAT MATTER OF 21:17:08 FACT. I WILL ALSO FOLLOW UP YOU EARLIER 21:17:13 APPROVED THE MISSION GUIDES BELOW 21:17:16 THE MINIMUM GUISES AND SO I GUESS I HAVE TO 21:17:19 FINAL OUT HOW TO FILE A CODE COMPLAINT WHEN THAT ACTUALLY 21:17:23 GETS BUILT. THANK YOU VERY MUCH. >> Chairman Daulton: THANK 21:17:26 YOU, ANDRAES IS THAT IT, 21:17:30 TRESH? >> WE HAVE ONE MORE SPEAKER. KATHERINE, 21:17:33 GO AHEAD AND SPEAK NOW. 21:17:39 >> 21:17:41 HI, CAN YOU HEAR ME? >> YES. >> THANK YOU. 21:17:43 THANK YOU VERY MUCH FOR EVERYTHING YOU GUYS ARE DOING. I APPRECIATE IT. 21:17:47 BUT, I DO 21:17:50 HAVE SOME CONFUSION 21:17:53 OVER THE PARK 21:18:04 ING. IT DOESN'T SOUND LIKE THERE IS A LOT OF ASSIGNED PARKING, IT IS 21:18:07 KIND OF JUST OPEN SO I'M KIND 21:18:10 OF CONCERNED ABOUT, 21:18:13 IS THERE ACTUAL, THEY ACCESS TO PUBLIC 21:18:17 TRANSPORTATION. IS THERE ANY ACCESS TO ACTUAL 21:18:21 PARKING? AND BY THE WAY I CAN APPRECIATE OUR TREND 21:18:24 TOWARDS MOVE WALK FROM EXCESS PARKING AND MOVING INTO 21:18:28 BICYCLES, BUT THE REALITY IS, AS MIGRANT OF US STILL 21:18:31 DEPEND ON CARS, SO I JUST WANT TO MAKE SURE THAT IS STILL 21:18:36 AVAILABLE. THANK YOU. >> 21:18:39 THANK YOU VERY MUCH. IF THAT IS 21:18:42 THE LAST -- >> ACTUALLY, I'M SORRY, THIS IS 21:18:46 TRISH, YOU DO HAVE ANOTHER SPEAKER. I'LL GO 21:18:49 AHEAD AND INTRODUCE THE SPEAK SNARY THANK YOU. >> 21:18:53 ALISA DANCE GO AHEAD AND SPEAK. >> THANKS. SORRY 21:18:56 FOR THE LAST-MEN COMMENT. I WANTED TO 21:18:59 SHARE I FOUND IT RATHER HEART BREAKING TO HEAR THE APPLICANT SAY HE WAS 21:19:03 CONSIDER DOING AFFORDABLE BY DESIGN AND DECIDED AGAINST 21:19:06 IT BECAUSE IT WOULD HAVE REQUIRED INSTALLING SO MUCH MORE 21:19:09 PARKING AND SO MUCH MORE SHARED COMMON SPACE. SO ME 21:19:12 THIS IS A VERY CLEAR CASE STUDY OF WHY WE 21:19:16 NEED PARK REGULAR FORM IF IT IS LITERALLY BLOCKING FROM 21:19:19 GETTING AFFORDABLE BY DESIGN HOUSING. THAT DOESN'T SAY ABOUT THIS 21:19:22 PARTICULAR PROJECT BUT SOMETHING TO THINK ABOUT POLICY WISE 21:19:26 LONGER TERM. THANK YOU. 21:19:32 >> Chairman Daulton: THANK YOU VERY MUCH. >> WE DO NOT HAVE ANY MOTHER 21:19:35 SPEAKERS. >> THEN I WILL INVITE THE APPLICANT BACK 21:19:38 FOR REBUTTAL, IF HE HAS ANY COMMENTS 21:19:41 OR HIS CLOSING STATEMENT. >> 21:19:45 I WOULD LIKE TO THANK SOME OF THE 21:19:52 SPEAKERS. THEY RAISE THE SEAM CONCERNS THAT WE HAD THAT CAME UP 21:19:55 DURING THE DESIGN. 21:19:59 THE PARKING 21:20:03 . THE PARKING IS -- THE 21:20:06 PARKING AND OTHER DENSITY 21:20:10 AFFORDABLE BY DESIGN UNITS, ALL THESE 21:20:13 QUESTIONS WE, YOU KNOW, DURING THE DESIGN 21:20:17 PHASE, THE LAST TWO AND A HALF 21:20:20 YEARS, WE DID BRAINSTORM A LOT, BUT, YOU KNOW, THESE ARE 21:20:24 ALL THE CONCERNS 21:20:27 DEFINITELY WHICH FREMONT NEED 21:20:30 TO ADDRESS IT IN THE FUTURE. 21:20:36 >> Chairman Daulton: ALL RIGHT, THANK YOU, 21:20:39 SIR. SO, I WOULD, AT THIS POINT IS FOR FURTHER 21:20:42 QUESTIONS FROM THE COUNCIL. OR 21:20:45 STAFF. OR THE APPLICANT, IF NEED 21:20:49 BE. DO I HAVE ANY? 21:20:54 COMMISSIONER 21:20:58 ZHANG, YES 21:21:07 . MY SON IS CURRENTLY IN AFTER 21:21:10 AFTER AFTER SCHOOL PROGRAM IN THAT PLAZA AND LITERALLY 21:21:13 WALKS FROM THE PLAZA TO BART STATION, VERY 21:21:17 DOING, PROBABLY 10 MINUTES AND UNFORTUNATELY WE 21:21:21 CANNOT BUILD MORE HOUSES OVER 21:21:25 THERE BECAUSE OF JUST A LITTLE 21:21:28 BIT OF DIFFERENT IN THE DISSTANDS. 21:21:31 YEAH. THANK YOU. >> ALL RIGHT, THANK 21:21:34 YOU. THEY OTHER QUESTIONS FROM THE 21:21:38 COMMISSION? OR STAFF OR THE 21:21:41 APPLICANT? IF THERE 21:21:44 AREN'T ANY, THEN I WOULD ASK THE 21:21:48 PLANNER TO PLEASE ADDRESS SOME OF THE PUBLIC 21:21:53 COMMENTS, ESPECIALLY THE QUESTION REGARDING 21:21:58 IMPLEMENTATION OF THE MASTER PLAN. YOU COULD 21:22:01 ADDRESS THAT? >> SURE. SO 21:22:05 STAFF'S INTER TAKES OF THE BICYCLE PARKING 21:22:08 REQUIREMENTS ARE THAT UNDER STATE LAW WE ARE 21:22:11 PROHIBITED FROM ESSENTIALLY REQUIRING APPLICANTS TO GO 21:22:15 ABOVE AND BEYOND OBJECTIVE MINIMUM STANDARDS 21:22:18 THAT ARE SET IN THE MUNICIPAL CODE SO WE 21:22:21 DO, YOU KNOW, FOR A PROJECT TO BE CONSIDERED 21:22:25 OBJECTIVELY COMPLIANT TO THE GUIDELINES, WE ARE HOLDING THEM TO THE 21:22:28 MINIMUMS SET WITHIN THE BEAK PARKING GUIDANCE AND 21:22:32 APPROVED IN THE BICYCLE PARKING MASTER PLAN. OBVIOUSLY WHERE THERE 21:22:35 IS ROOM AND IT IS APPROPRIATE, WE ENCOURAGE 21:22:38 APPLICANTS TO GO ABOVE AND BEYOND MEET THE FOUR--FOOT 21:22:41 RECOMMENDED SPACING WHICH THIS APPLICANT HAS AGREED TO DO, 21:22:44 BUT IN, YOU KNOW, THESE CERTAIN SITUATIONS, 21:22:47 OUR ABILITY TO IMPOSE STANDARDS GREATER 21:22:51 THAN MINIMUM ARE HINDERED. TO RESPOND TO 21:22:54 THE OTHER COMMENT REGARDING THE PARKING, EACH UNIT 21:22:57 DOES HAVE AN ASSIGNED TWO CAR PRIVATE 21:23:00 GARAGE, SO THERE IS ASSIGNED PARKING FOR 21:23:03 EACH UNIT. THERE IS ALSO UNASSIGNED 21:23:07 GUEST PARKING THAT IS SHARED BETWEEN THE DEVELOPMENT. THERE 21:23:10 IS MORE GUEST PARKING PROVIDED, SEVEN 21:23:13 SPACES, AS OPPOSED TO WHAT IS REQUIRED, THE 21:23:16 MINIMUM UNDER THE CODE WHICH IS FOUR SPACES. AND THEN PARKING 21:23:19 FOR THE PRESCHOOL IS, YOU KNOW, AS MOST COMMERCIAL 21:23:22 PARKING IS, LIKE FIRST COME, FIRST SERVED BUT IT WILL BE 21:23:27 DESIGNATED AND' ANSWER ISED FOR THE PRESCHOOL SPECIFICALLY SO THERE IS 21:23:30 NO POTENTIAL CONFLICT WITH THE RESIDENTIAL USE. I THINK THAT 21:23:33 COVERS ALL OF THE PROJECT-SPECIFIC COMMENTS THAT 21:23:37 WE HEARD TONIGHT. >> WHAT ABOUT THE AFFORDABLE 21:23:40 BY DESIGN ISSUE? IS THAT -- 21:23:43 THAT CAME DOWN TO LACK OF PARKING? 21:23:50 >> SO THERE WERE A NUMBER OF ISSUES WITH INITIAL SITE 21:23:53 PLAN PROPOSALLED BY THE DEVELOPER. AS 21:23:56 THE DEVELOPER ALLUDED TO, THE CREEK SET BACK IS 21:23:59 SIGNIFICANT NOT ONLY BECAUSE IT IS A LARGE SET BACK BECAUSE YOU 21:24:03 CANNOT PUT ANY DEEP OF FACILITY WITHIN THAT BOUNDARY. 21:24:07 SO IN INITIAL PROPOSALS 21:24:11 THERE WAS INITIAL ADDITIONAL 21:24:14 DENSITY, AND THEY WERE SMALLER UNITS. THE ISSUINGS WERE 21:24:18 MOSTLY SPACE CONSTRAINTS RELATIONED TO 21:24:21 CIRCULATION FACILITIES AND PROVISION OF 21:24:24 PARKING FACILITIES FOR A DIFFERENT BUILDING TYPE. 21:24:28 SO HE WOULD DESCRIBE IT PERHAPS ON THIS SEAT AT LEAST AS MORE OF 21:24:31 A RAW NUMBERS GAME IN TERMS OF JUST THE 21:24:35 AMOUNT OF LINEAL FOOTAGE AVAILABLE, BUT CERTAINLY WELL HEARD FROM THE 21:24:38 COMMISSION AND THE PUBLIC, I THINK 21:24:41 IT IS GOOD FEEDBACK ABOUT HOW WE'RE THINKING ABOUT PARKING 21:24:45 IN THESE YEARS THAT ARE APPROXIMATE MEAT TO THE TRANSIT 21:24:48 STATIONS BUT NOT WITHIN THE TOD YEARS SO 21:24:52 CERTAINLY SOMETHING, A BIGGER PICTURE TO CONSIDER. >> ALL RIGHT, THANK 21:24:55 YOU. IF THERE ARE NO FURTHER QUESTIONS FROM THE 21:24:58 COMMISSIONERS, LOOKING FOR A MOTION. >> I 21:25:01 CAN MAKE A MOTION TO APPROVE. >> Chairman Daulton: WE 21:25:05 HAVE A MOTION TO APPROVE. CAN I HAVE 21:25:08 A SECOND? >> I CAN SECOND. >> I'LL SECOND. 21:25:11 >> THAT'S FINE. YOURS. >> 21:25:15 SECONDED BY COMMISSIONER 21:25:17 STECKLER. JOEL, CAN YOU TAKE ROLL CALL VOTE ON THIS. 21:25:20 >> YES, ON A MOTION TO 21:25:24 APPROVE A STAFF RECOMMENDATION. WHEN I CALL YOUR NAMELY, 21:25:27 VOTE, STARTING WITH CHEER 21:25:31 DAULTON. >> Chairman Daulton: AYE. >> Commissioner Rao: 21:25:35 AYE. >> Commissioner Yee: 21:25:39 AYE. >> Commissioner Steckler: 21:25:43 AYE. >> Commissioner Liu: 21:25:46 AYE. 21:25:54 ZHANG: AYE. COMMISSIONER BASRAI: 21:25:57 AYE. THE VOTE IS 7-0 TO APPROVE 21:26:00 THE 21:26:03 PLAN. ITEM. THAT CONCLUDES THAT ITEM. 21:26:07 >> THANK YOU, JOEL. AND SO WE HAVE ONE MORE ITEM ON 21:26:10 THE AGENDA HERE. AND THAT IS 21:26:14 A CHEVRON CUP. JOEL, WILL YOU READ THAT 21:26:20 INTRODUCTION? >> YES, I WILL. THIS 21:26:23 IS CHEVRON CONDITIONAL USE AMENDMENT AT 2020 21:26:27 DRISCOLL ROAD. THIS IS AMENDMENT OF CONDITIONAL 21:26:30 USE PERMIT U9734 WITH 21:26:33 PROPOSED UP GREAT OF 21:26:37 TYPE 21:26:40 20ABC LICENSE, BEER, 21:26:43 WINE FOR OFF-SEAT CONSUMPTION TO A 21:26:46 TYPE 21ABC LICENSE, BEER, BETWEEN AND 21:26:50 DISTILLED SPIRITS FOR OFF-SEAT 21:26:53 CONSUMPTION, AT AN EXISTING CONVENIENCE STORE LOCATED 21:26:56 AT 2020 DRISCOLL ROAD IN THE MISSION SAN JOSE 21:27:00 COMMUNITY PLAN AREA. MARK HUCKERFORD HAS A PRESENTATION 21:27:03 AVAILABLE FOLLOWED BY THE APPLICANT WHO HAS UP TO 10 MINUTES, 21:27:07 AND THEN PUBLIC SPEAKERS AND FIVE MENS IF THEY 21:27:10 NEED A REBUTTAL WITH THAT, I'LL PASS IT TO MARK. >> 21:27:13 THANK YOU, JOEL. GOOD EVENING ONCE AGAIN 21:27:16 CHAIR DAULTON AND MEMBERS OF THE PLANNING COMMISSION. LET ME 21:27:19 PULL UP A PRESENTATION. 21:27:34 OKAY SO THIS IS A REQUEST FOR A CONDITIONAL 21:27:37 USE PERMIT, AS JOEL MENTIONED, RELATED TO 21:27:40 AN ABC LICENSE TYPE UPGRADE AT AN 21:27:44 EXISTING SERVICE STATION CONVENIENT STORE LOCATED 21:27:48 AT 2020 DRISCOLL ROAD. DURING THIS BRIEF 21:27:51 PRESENTATION, I WILL GO OVER THE BACKGROUND OF THE 21:27:55 SITE, THE DETAILS OF THE PROJECT, PRESENT THE RECOMMENDATION AND 21:27:58 MAKE MYSELF AVAILABLE FOR ANY 21:28:01 RECOMMENDATIONS. THE PROJECT SITE 21:28:04 IS LOCATED AT THE EASTERN CORNER 21:28:07 OF DRISCOLL 21:28:11 ROAD IT MEASURED A LITTLE OVER A HALF ACHIER IN SIZE AND HAS 21:28:14 OPINION USED AS A SERVICE STATION BASED 21:28:17 BACK TO 21:28:25 1960. IN 1965, THEY WERE APPROVED TO 21:28:28 ADD TO THE SEAT AND THE FOLLOWING YEAR 21:28:36 U-97-4, A REQUEST FOR THE CONVENIENCE FOR TO SELL BEER AND WINE FOR OFF-SEAT 21:28:39 CONSUMPTION. THE PROPOSAL BEFORE YOU THIS EVENING IS A REQUEST TO 21:28:42 AMEND THAT 1996 USE PERMIT TO ALLOW FOR THE 21:28:45 ADDITIONAL SALES OF DISSTILLED SPIRITS FROM THE STORE COVERED 21:28:49 UNDER A TYPE 21ABC LICENSE. PER PLANS 21:28:52 AND THE STATEMENT OF OPERATIONS FILED WITH THE APPLICATION, 21:28:55 DISTILLED SPIRITS WOULD BE LIBERTIED TO BEHIND THE 21:28:58 COUNTER CABINET THAT MEASURED 80 SQUARE FEET 21:29:02 IN SIZE THAT CABINET WOULD 21:29:05 LOCKED AND ACCESSIBLE ONLY BY STORE 21:29:09 EMPLOYEES. THES PROPOSED HOURS OF DISSTILLED 21:29:12 SPIRIT SALES WOULD BE THE SAME AS BEER AND WINE, 6:00 A.M. 21:29:15 TO 2:00 A.M.DALELY AND THE REQUEST HAS BEEN VETTED BY THE POLICE 21:29:18 DEPARTMENT AND THEY HAVE RAISE NOD OBJECTIONS TO THE PROPOSED 21:29:21 LICENSE UPGRADE THAT THE LOCATION. THEY HAVE SHEARED 21:29:24 THAT FOUR SERVICE STATIONS IN FREMONT CLIENT HAVE THE REQUESTED 21:29:28 TYPE 21ABC LICENSE, THEY MENTIONED THAT 21:29:31 TWO OF THOSE LOCATIONS HAVE NO RECENT CALLS 21:29:35 FOR SERVICE HISTORY AND WHALE THE OTHER SEATS 21:29:39 DO HAVE A CALL VOLUME, THE POLICE DEPARTMENT SAYS THE NATURE 21:29:42 OF THE CALLS IS LIKELY UNRELATED TO THE 21:29:45 ALCOHOL SALES. AS SUCH, THEY ARE COMFORTABLE WITH THIS REQUEST 21:29:48 AS CONDITIONED. STAFF 21:29:52 RECOMMENDS AN EXISTING FACILITY 21:29:56 CEQA EXEMPTION FOR THE REQUEST SINCE THIS IS AN 21:29:59 INVENTORY CHANGE, AND PROPOSED CONDITIONAL 21:30:02 USE AMENDMENT. CONDITIONS OF APPROVAL INCLUDE 21:30:07 ADHERENCE TO SECURE MEASURES IDENTIFIED IN STATEMENT OF 21:30:10 OPERATIONS AND IDENTIFIED BY ABC, 21:30:14 INCLUDING EMPLOYEE TRAINING. THAT CONCLUDES STAFF'S PRESENTATION AND 21:30:17 I'M AVAILABLE FOR ANY QUESTIONS. ALSO, AS WE WILL HAVE 21:30:20 MENTIONED, THE APPLICANT IS HERE TO ANSWER QUESTIONS, AS 21:30:23 WELL. >> THANK YOU, MARK. 21:30:27 COMMISSIONERS, TO HAVE YOU ANY QUESTIONS FOR STAFF ON THIS EAT? BEN 21:30:30 YEE, I SEE YOUR HAND. 21:30:33 >> Commissioner Yee: THERE WE. IF YEAH, I JUST WANT TO MAKE SURE WHEN YOU, 21:30:37 MARK, WHEN YOU SPOKE WITH OUR FREMONT 21:30:40 PD, THAT IS THE MOST LATEST AND UP-TO-DATE IN 21:30:43 TERMS OF INFORMATION THAT THEY HAVE IN REGARDS TO ANY ISSUES THAT 21:30:46 ME HAVE OCCURRED WITH WHETHER IT IS AT 21:30:50 THIS GAS STATION OR THEY OTHER LOCATION, THAT'S A SERVICE 21:30:53 STATION WITH A TYPE 21 LECKER LICENSE. >> THAT IS 21:30:56 CORRECT SO EARLIER THIS WEEK, WE REACHED OUT TO 21:31:00 CAPTAIN NELSON TO GET UPDATED INFORMATION 21:31:03 AND WE WERE PROVIDED WITH THE STATISTICS THAT 21:31:06 I INCLUDED IN MY 21:31:09 PRESENTATION 21:31:12 . >> Commissioner Yee: ALL RIGHT, THANK YOU. 21:31:15 >> Chairman Daulton: ANY FURTHER QUESTIONS FOR STAFF? AT THIS 21:31:18 TIME, I GUESS WE CAN TAKE A PRESENTATION BY THE 21:31:21 APPLICANT, IF THEY HAVE ONE. 21:31:25 IS THAT -- >> GOOD EVENING. I'M STEVE 21:31:30 RAWLINGS, HERE ON BEHALF OF CHEVRON. I DID WANT TO COME FORWARD 21:31:33 AND FOR THE RECORD SAY THAT WE DO AGREE TO ALL OF THE DRAFT 21:31:36 CONDITIONS OF APPROVAL THIS EVENING. 21:31:39 ALSO, WANTED TO LET YOU KNOW THAT JOINING ME HERE 21:31:42 THIS EVENING ARE SIX REPRESENTATIVES FROM CHEVRON CORPORATION THAT ARE 21:31:46 INVOLVED IN OPERATIONS AND MERCHANDISING, AND IF 21:31:49 ANYBODY HAS THEY ADDITIONAL QUESTIONS, I THINK THAT WE COULD 21:31:52 PROBABLY PROVIDE YOU ANSWERS TO THAT SO WITH 21:31:55 THAT, THAT CONCLUDE MICE COMMENTS. 21:32:00 SMALL ALL RIGHT. THANK YOU VERY 21:32:03 MUCH, SIR. COMMISSIONERS, ANY QUESTIONS FOR 21:32:06 THE 21:32:09 APPLICANT? COMMISSIONER 21:32:13 YEAH. >> YES, 21:32:16 I WANT TO DOUBLY CHECK, STEVE, YOU HEARD ME 21:32:19 PROBABLY EARLIER I SAID SISTER SITE. YOU HAVE ANOTHER 21:32:22 CHEVRON THAT I THINK IS OWN BID SAME GROUP 21:32:26 OF PEOPLE AT 5300MOWRY. >> YES, 21:32:30 SIR, COMMISSIONER YEE. BOTH STORES ON MOWRY AND 21:32:34 DRISCOLL ARE ACTUALLY CORPORATE OWNED STORES SO THEY ARE OWNED BY 21:32:37 CHEVRON STATIONS INC. THEM CURRENTLY OWN 21:32:40 297, MAYBE 300 STORES IN THE STATE OF CALIFORNIA THAT THEY 21:32:45 OPERATE. >> Commissioner Yee: OKAY, THAT'S WHAT I WANTED TO 21:32:49 VERIFY. THAT'S WHAT I WAS TOLD AND I WANTED TO 21:32:52 MAKE SURE FROM THE CORPORATE STAND POINT, EVERYTHING 21:32:55 JIBES. THEY OWN THAT, THE 21:32:58 350MOWRY LOCATIONS HAS THE TYPE 21 21:33:02 LIQUOR LICENSE I THINK SINCE 2018? >> NO, I THINK IT WAS 21:33:05 MUCH MORE RECENT THAN THAT. I BELIEVE WAS SOME TIME STARTED 21:33:10 IN 2021. >> Commissioner Yee: OKAY, SO 2021. 21:33:14 OKAY. AT LEAST WHAT I SAW WAS IT WAS IN GOOD STANDING WHICH IS GOOD 21:33:17 TO SEE. WHEN HE LOOKED AT THE 21:33:21 ABC DATABASE. OKAY. THEN 21:33:24 THERE HASN'T BEEN ANY REPORTED INCIDENTS WHAT SO 21:33:27 EVER THAT'S WHAT I WAS TOLD BY THE 21:33:30 STORE MANAGER THERE. AND THEN, I GUESS THE NEXT 21:33:34 QUESTION, I'M JUST WONDERING, THEY COULDN'T ANSWER FOR ME IS 21:33:37 LIKE, DO YOU ROUGHLY HAVE AN IDEA WHAT THE PERCENTAGE OF 21:33:40 YOUR TOTAL SALES WOULD BE RELATED TO THE SPIRITS? 21:33:45 >> YOU KNOW, THE ALCOHOLIC BEVERAGES, 21:33:48 BEER AND WINE, BEER IS ALWAYS GOING TO BE 21:33:51 PREDOMINANTLY OUR LEADING SALES, AND IT IS GOING TO 21:33:54 REPRESENT SOME PLACE BETWEEN 3-5% I BELIEVE OF YOUR 21:33:57 SALES. THE DISTILLED SPIRITS WILL ADD AN 21:34:01 ADDITIONAL PERCENTAGE POINT OF TWO TO 21:34:04 THOSE TECH SALES AND THAT'S NOT BECAUSE OF VOLUME, IT IS BECAUSE 21:34:07 THOSE PRODUCTS ARE MORE EXPENSIVE 21:34:11 THAN THE BEER PRODUCTS. >> OKAY. 21:34:14 GREAT. THAT PRETTY MUCH 21:34:17 SUBSTANTIATE WHAT IS HEARD AS WELL WHEN I WAS OUT THERE TALKING TO 21:34:21 THE TWO DIFFERENT STORE MANAGERS, FOR TWO CORPORATE 21:34:24 LOCATIONS. THANK YOU. >> CERTAINLY. 21:34:32 >> Chairman Daulton: ALL RIGHT, THEY OTHER QUESTIONS FROM THE COMMISSION? 21:34:35 IF NOT, I WOULD ASK FOR -- DO WE HAVE ANY 21:34:38 PUBLIC COMMENT, TRISH. >> YES, WE 21:34:42 DO HAVE ONE RAISED HAND, I'LL INTRODUCE THE 21:34:45 SPEAKER RIGHT NOW. >> THANK YOU. >> KELLY GOING 21:34:48 AHEAD AND SPEAK. 21:35:04 >> I HAVE FOR OBJECTION TO SELLING BEER OUT OF THIS LOCATION. THE CRIME RATE 21:35:07 IS PRETTY LOW, NO MATTER HOW YOU SLICE IT. I 21:35:10 WANT TO POINT OUT, IF YOU TAKE A LOOK AT 21:35:14 THE SEAM BLOCKING ON THE SAME BLOCK, 3 HUNKER 400 21:35:17 FEET, SOMETIMES 200 FEET, THERE IS A 21:35:21 SCHOOL, THERE IS A GREEN FOREST ART SCHOOL, A 21:35:24 STEMLAND, MELODY ACADEMY OF 21:35:27 MUSIC, GIRAFFE MUSIC CENTER AND EASTERN CHINESE 21:35:30 SCHOOL AND ALL OF THESE ARE THE KIND OF USES THAT 21:35:34 THIS CITY FROWNS UPON, BUT 21:35:38 THEY'RE EVERYWHERE BUT THEY'RE IN HIGH DEMAND 21:35:41 AND VERY MUCH UNITED. AND THERE IS THIS EMPTY 21:35:44 SHELL OF A BUILDING AS 21:35:47 RECENTLY AS 2008 WAS A TACO BELL. TACO BELL 21:35:51 PROVIDES FOOD TO PEOPLE. SELLS FAST FOOD BUT IT 21:35:54 IS SOME KIND OF FOOD, AND 2,000 FEET AWAY THERE 21:35:57 IS A HOPKINS JUNIOR HIGH SCHOOL FULL OF HUNGRY TEENAGERS 21:36:00 THAT USED TO BE ABLE TO WALK TO TACO BELL 21:36:04 AND GET THEIR CHALUPAS OR WHATEVER THEY EAT 21:36:07 AT THE TACO BELLS, OR TACOS, 21:36:10 I GUESS WATCH CAN WE DO? WHAT IS THE CITY DOING? THERE 21:36:13 IS THESE ABANDONED COMMERCIAL THINGS EVERYWHERE IN 21:36:16 FREMONT, LIKE THIS ABANDONED TACO BELL. MAYBE WE CAN PUT 21:36:20 IN A LEARNING CENTER THERE OR FINAL ANOTHER FAST FOOD OR 21:36:23 SOMETHING TO GET THESE CHILDREN EITHER FED OR 21:36:26 MAYBE EDUCATED. AND NOT HAVE 21:36:30 THESE UGLY COMMERCIAL BUILDINGS EVERYWHERE AND BUILD 21:36:33 MORE COMMERCIAL SPACE EVERYWHERE THAT'S UNNEEDED 21:36:36 UNLESS YOU PUT IN MORE OF THESE LEARNING 21:36:39 CENTERS, WHICH OBVIOUSLY ARE IN GREAT DEMAND BECAUSE THEY'RE 21:36:42 EVERYWHERE AND THEY'RE VERY MUCH NEEDED. YEAH, WHAT'S GOING ON 21:36:45 WITH THAT TACO BELL? THANK YOU. 21:36:49 >> THANK YOU, KELLY. 21:36:54 NOW, IF THE APPLICANT WOULD LIKE TO REBUT THE 21:36:58 PUBLIC COMMENT OR MAKE FINAL CLOSING COMMENTS, THIS IS THE 21:37:01 TIME. NO COMMENTS? ALL 21:37:05 RIGHT. BACK TO THE COUNCIL, THEN, AND THE 21:37:08 COMMISSION, AND I WOULD ASK 21:37:11 FOR EITHER FURTHER DISCUSSION OR I WILL 21:37:14 DEFINITELY ENTERTAIN A MOTION HERE. >> I WOULD LIKE TO MAKE A 21:37:18 MOTION TO ACCEPT STAFF RECOMMENDATION. 21:37:21 I GUESS BOTH OF US. >> I'M GOING TO 21:37:24 CALL THAT FOR CRAIG, MADE THE MOTION AND GIVE BEN THE 21:37:27 SECOND THERE SO WE WILL HAVE, CAN I HAVE A ROLL CALL VODE ON THIS? 21:37:34 >> YES, WHEN I CALL YOUR NAME, PLEASE VOTE ON THE MOTION 21:37:37 TO APPROVE STAFF RECOMMENDATION TO GRAND THE 21:37:41 ABC21 LICENSE. 21:37:44 >> Chairman Daulton: AYE. 21:37:51 MOORE AYE 21:37:55 . >> Commissioner Yee: AYE. >> Commissioner Steckler: 21:37:58 AYE. 21:38:01 >> Commissioner Liu: AYE. COMMISSIONER 21:38:05 ZHANG. AYE. 21:38:09 COMMISSIONER BASRAE. AYE. THAT 21:38:12 PASSES 7-0 AND THE PLANNING ACTION IS FINAL UNLESS 21:38:15 APPEAL BED THE CITY COUNCIL WITHIN 10 CALENDAR 21:38:18 DAYS. THANKS, CHAIR. >> THANK YOU VERY MUCH. 21:38:21 ALL RIGHT. WELL, THAT IS OUR LAST AGENDA EAT, SO 21:38:25 I'M GOING TO MOVE ON TO DISCUSSION EATS AND SEE 21:38:28 IF WE HAVE ANY STAFF UPDATES OR 21:38:32 ANNOUNCEMENTS BY THE COMMISSION. 21:38:38 ANYTHING? >> I CAN PROVIDE A COUPLE BRIEF STAFF 21:38:42 UPDATES. THANKS, CHAIR. EARLIER TONIGHT WE HAD 21:38:45 AN APRIL JEN DAH EAT AS A WORK SESSION FOR THE 21:38:48 HOUSING ELEMENT, YOU BELIEVE -- AN 21:38:52 AGENDA ITEM AS A WORK SESSION FOR THE HOUSING 21:38:55 ELEMENT. I'M SAYING THAT FOR ANYBODY LISTENING TO THE 21:38:58 MEETINGS. THAT PUBLIC DRAFT AND REVIEW TIME IS AUGUST 8, MONDAY, 21:39:02 AFTER WHICH WE WILL BE SENDING THAT TO THE 21:39:05 HCV FOR THEIR PRELIMINARY REVIEW AND 21:39:08 RESPONDING TO THE COMMENTS WE GET FROM THE PUBLIC. IF YOU HAVE A 21:39:12 CHANCE, PLEASE REACH OUT AGAIN. WE HAVE AN OPEN HOUSE NEXT 21:39:15 WEDNESDAY THAT CAN PROVIDE MORE FEEDBACK. SECONDARILY, THERE 21:39:19 IS A PLANNING COMMISSIONER TRAINING COMING 21:39:22 UP ON OCTOBER 21 YOU MAY 21:39:25 HAVE SEEN, WE HAVE THEM ALL AROUND THE STATE. IF YOU'RE INTERESTED 21:39:29 IN THAT, YOU CAN SIGN UP, PUBLIC IS 21:39:32 FREE OF CHARGE THROUGH ILG AND IT IS A GOOD REFRESHER 21:39:35 OR ADDITIONAL WAY TO BLEND HOW TO BE A COMMISSIONER AND THE 21:39:38 KIND OF THINGS YOU COME ACROSS IN YOUR DAILY 21:39:40 WORK. THANK YOU. >> THANK YOU, JOEL. 21:39:43 ANY ANNOUNCEMENTS BY THE COMMISSIONERS? I HAVE 21:39:46 AN ANNOUNCEMENT OR SOMETHING HE WOULD LIKE TO 21:39:50 ANNOUNCE. THERE'S SEVERAL, AT LEAST TWO COMMISSIONERS HERE 21:39:54 TONIGHT THAT HAVEN'T BEEN ON THE COMMISSION FOR 21:39:57 LONG, AND SO I WANTED TO REMIND THE 21:40:00 OLD COMMISSIONERS AND TELL THE NEW COMMISSIONERS THAT WE HAVE 21:40:03 ON THE PLANNING COMMISSION A 21:40:07 REFERRAL PROCESS. AND THAT REFERRAL PROCESS 21:40:10 IS OUTLINED IN THE JULY 21:40:14 25, 2019 MINUTES OF THE PLANNING COMMISSION 21:40:18 MEETING FOR THAT DAY. SO, IF YOU'RE INTERESTED 21:40:21 IN BRINGING UP 21:40:24 ITEMS TO STAFF TO BE CONSIDERED 21:40:28 FOR VOTING PLAN TO MOVE TO CITY COUNCIL, 21:40:31 TAKE A LOOK AT THAT ITEM. AGAIN THAT IS 21:40:35 THE 25TH OF JULY, 2019, ALMOST EXACTLY THREE YEARS 21:40:38 AGO WE INSTITUTED THAT FACILITY FOR THE 21:40:42 COMMISSIONERS. IF THERE ANYTHING ELSE, THEN I THINK WE 21:40:46 CAN ADJOURN THIS MEETING. ANYTHING ELSE? 21:40:49 NO? THAT'S IT? ALL RIGHT, I'M CALLING 21:40:52 IT. THANK YOU ALL. >> THANK YOU.