>> CHAIR LIU:   OKAY GOOD EVENING.
EVERYONE.
AND IT'S 7:01.
I WOULD LIKE TO CAUGHT MAY 11TH, 2023 PLANNING COMMISSION SPECIAL MEETING TO ORDER.
AND SINCE THERE IS A QUESTION ON WHY THE MEETING IS CALLED SPECIAL, I'D LIKE TO LET EVERYONE KNOW THAT WE ACTUALLY HAVE ONE MEETING PER MONTH THIS YEAR.
THAT'S TYPICALLY ON THE FOURTH THURSDAY OF EACH MONTH.
IF IT'S NOT ON THE SCHEDULE WE CALL IT A SPECIAL MEETING, OKAY.
SO NEXT THING IS, THAT'S PLEDGE OF ALLEGIANCE TO OUR FLAG AND COMMISSIONER YEE WOULD YOU LEAD US?
>> COMMISSIONER YEE:   I PLEDGE ALLEGIANCE TO THING THAT OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
>> CHAIR LIU:   THANK YOU.
SO AT THIS TIME I WOULD LIKE TO ASK EVERYONE TO SILENCE YOUR ELECTRONIC DEVICES.
SO NEXT THING IS SECRETARY PULLEN, WOULD YOU DO THE ROLL CALL.
>> PLANNER PULLEN:   GENTLEMEN CHAIR.
I'LL NEXT INTRODUCE STAFF PARTICIPATING TONIGHT.
MY NAME IS JOEL PULLEN, THE PLANNING COMMISSION SECRETARY.
JOINING US FROM THE CITY ATTORNEY'S OFFICE IS SENIOR DEPUTY HEATHER LEE.
THE CLERK IS KIM SALAZAR.
SO I'LL CALL THE ROLL.
CHAIR LIU.
HERE.
VICE CHAIR SEDANS.
HERE.
COMMISSIONER STECKLER, HERE, COMMISSIONER RAO, COMMISSIONER BASRAI, IS ABSENT AND COMMISSIONER RAMAMURTHI IS HERE.
>> CHAIR LIU:   ANY CHANGES IN THE MINUTES?
IF NOT, I'M GOING TO ASK SOMEONE TO PROVE.
>> MOTION TO APPROVE.
>> COMMISSIONER RAO:   I CAN SECOND THAT.
>> CHAIR LIU:   OKAY LET'S VOTE.
OKAY MEETING'S APPROVED WITH TWO ABSENT.
OKAY.
SO FOR TONIGHT, WE HAVE FIVE AGENDA ITEMS.
AND LET ME BEGIN BY ASKING THE COMMISSIONERS TO TELL US IF THEY HAVE ANY DISCLOSURES.
COMMISSIONER YEE.
>> COMMISSIONER YEE:   OKAY I'M GOING TO TAKE ABOUT A HALF AN HOUR FOR THIS.
I'M JUST KIDDING.
I TOURED THE MISSION PEAK VILLAGE SITE, I ACTUALLY SPOKE TO RESIDENTS IN THE AREA.
I ALSO CONTACTED A COUPLE OF THE CO-HOUSING COMMUNITIES, ONE IN SACRAMENTO AND ANOTHER ONE IN COLORADO SPRINGS TO GET THEIR FEEDBACK AND ALSO RECEIVED E-MAILS IN REGARD TO THIS AGENDA ITEM.
THE EXTREME EXPRESS CAR WASH I TOURED THAT SITE, ALSO SPOKE TO A COUPLE OF THE BUSINESS OWNERS IN THE AREA AS WELL AS THE RESIDENTS.
THE BINTANG BADMINTON, I RECEIVED SOME INFORMING FROM RESIDENTS ABOUT THAT SITE.
AND TOURED THE AT&T SITE AS WELL THAN SHOULD DO IT.
>> CHAIR LIU:   COMMISSIONER BASRAI.
SORRY.
COMMISSIONER RAMAMURTHI.
>> COMMISSIONER RAMAMURTHI:   I DID DRIVE BY ON -- I DID DRIVE BY THE BADMINTON AND THEN THE -- EXCEPT THE WIRELESS AT&T, EXCEPT THAT I DID NOT TOUR, DRIVE BY.
>> CHAIR LIU:   YOU MUTED AGAIN.
>> COMMISSIONER RAMAMURTHI:   I DID DRIVE BY THE OLYMPICS.
>> CHAIR LIU:   COMMISSIONER RAO.
>> COMMISSIONER RAO:   I DID THE SAME, DROVE BY ONE TWO AND THREE.
>> CHAIR LIU:   COMMISSIONER ZHANG.
>> COMMISSIONER ZHANG:   I DROVE BY THE BINTANG BADMINTON SITES.
>> CHAIR LIU:   I DROVE BY EACH SITE, I DID NOT SPEAK TO ANYONE.
NEXT THERE ARE ANY PUBLIC SPEAKERS FOR TONIGHT'S ON ANY TOPICS THAT'S NOT ON THE AGENDA TODAY?
>> THE CLERK:   NO.
>> CHAIR LIU:   SECRETARY KIM, NO PUBLIC SPEAKERS.
>> THE CLERK:   THERE ARE NO ORAL COMMUNICATIONS AT THIS TIME.
>> CHAIR LIU:   THANK YOU.
SO LET'S BEGIN TO MOVE ON TO OUR ITEMS TONIGHT.
SO SECRETARY PULLEN.
WOULD YOU INTRODUCE TONIGHT'S ITEMS.
>> PLANNER PULLEN:   THANK YOU CHAIR.
SO THE FIRST ITEM ON TONIGHT'S AGENDA IS THE MISSION PEAK VILLAGE, 40871 HIGH STREET.
FRONT YARD SETBACKS AND PRIVATE OPEN SPACE UNDER THE DENSITY BONUS AND AFFORDABLE HOUSING ORDINANCE, TO ALLOW 32 STACKED FLAT CONDOMINIUM UNITS ON A 1.17 ACRE PROPERTY LOCATED IN THE IRVINGTON COMMUNITY PLAN AREA.
TO CONSIDER EXEMPTIONS WITH GEORGIA AND CONSISTENCY WITH THE GENERAL PLAN.
IN THIS ITEM OUR PROJECT PLANNER DAVID WAGE IS UNEXPECTEDLY OUT AND UNABLE TO JOIN US THIS EVENING.
HE SHEPHERDED THIS IN CONSULTS WITH THE APPLICANT, THIS IS HIS PROJECT.
I'M PRESENTING DUE TO HIS UNEXPECTED ABSENCE OUTSIDE OF HIS CONTROL FOR THIS EVENING'S MEETING.
SO JAMES IS GOING TO PULL OUT -- JAMES HAS THE SLIDES UP HERE AND I'LL GO AHEAD AND STEP THROUGH THEM.
SO I'M GOING TO BRIEFLY EXPLAIN THE CO-HOUSING PROJECT.
THEY'LL EXPLAIN MORE THEIR VISION FOR PROJECT IN A FEW MINUTES.
I'M GOING TO WALK YOU THROUGH CITY'S REVIEW AND WHILE THEIR PRESENTATION WILL BE BASED ON THE OPERATION AND THE VISION THEY HAVE FOR THE FACILITY.
NEXT SLIDE.
HERE IS A PRESENTATION OUTLINE.
I'M GOING TO SHOW YOU THE PROJECT SITE AND SETTING, DESCRIBE THE PROJECT AS WELL AS GO THROUGH KEY ASPECTS OF THE GENERAL PLAN AND ZONING CONFORMANCE, TOUCH A LITTLE BIT ABOUT THE OUTREACH ON THE PROJECT AND PRESENT THE STAFF RECOMMENDATION.
NEXT SLIDE.
AS I MENTIONED THIS IS A 1.17 ACRE ABOUT 50,000 SQUARE FOOT SITE, INFILL SITE ON THE SOUTH SIDE OF HIGH STREET BETWEEN CHAPEL WAY AND UNION STREET.
IT IS APPROXIMATELY FLAT AND RECTANGULAR, LITTLE BIT OF ANGLE TO THE BACK PROPERTY LINE.
THE BROADER NEIGHBORHOOD WITHIN THE SITE OF IRVINGTON HERE, IS TO THE NORTH, BART TRACTION TO THE EAST, GRIMMER TO THE WEST AND FIVE CORNERS AND THE IRVINGTON FUTURE BART STATION IS TO THE SOUTH ALONG WASHINGTON BOULEVARD.
TO GIVE A SENSE OF THE SCALE OR SORT OF PROXIMITY TO THE NEIGHBORHOOD IT IS ABOUT A QUARTER MILE WALK TO FIVE CORNERS, ABOUT QUARTER MILE TO THE FUTURE BART STATION AND HALF MILE TO FREMONT BOULEVARD OR SOME OF YOU HAVE TAKEN ADVANTAGE OF THE PAST, EAST BAY GREEN WAY, CENTRAL PARK SOUTH AND TERRACES PROJECT THERE ABOVE THE FUTURE BART STATION.
NEXT SLIDE.
THE PROPERTIES IN THE VICINITY OF THIS SITE ARE ALL ZONED FOR MULTIFAMILY TOWN HOMES AND FLATS ABOUT 30 UNITS PER ACRE AND THERE'S A MIX OF OLDER SINGLE FAMILY HOMES AND MULTIPLEXES EXISTING IN THE NEIGHBORHOOD.
NEXT SLIDE.
THE APPLICANTS OVERALL PROPOSAL IS FOR DESIGN REVIEW.
SINCE THEY ARE PROPOSED TO BE FOR SALE UNITS A CONDO MAN IS SUBJECT TO COMMISSION REVIEW.
VERY LOW INCOME AFFORDABLE UNITS THAT ARE BEING PROPOSED AS PART OF THE PROJECT.
THE APPLICANT IS ENTITLED TO A TEN UNIT INCREASE IN DENSITY TO A TOTAL OF 32 UNITS AND I'LL TOUCH ON THAT A LITTLE MORE LATER.
THAT COMES ALONG WITH CONCESSIONS OR EXCEPTIONS TO A COUPLE OF THE STANDARDS THAT I'LL DESCRIBE AS WELL.
NEXT SLIDE.
THIS SLIDE IS ORIENTED NORTH, YOU SEE THE SITE FRONTAGE IS LOCATED ON HIGH STREET, U SHAPE GROUPING WITH A GROUP OF TWO TO THREE STORY BUILDINGS, SURROUNDING THE REAR AND SOUTH CORNER OF THE SITE WITH PARKING AND CIRCULATION TO THE NORTHWEST.
THE PROJECT INCLUDES STREET IMPROVEMENTS AND ASSOCIATED PROJECT LANDSCAPING ONSITE.
NEXT SLIDE.
AS I NOTED EARLIER, THE CITY'S HOUSING ELEMENT OF THE GENERAL PLAN STRONGLY SUPPORTS ALTERNATIVE FORMS OF HOUSING SUCH AS THIS CO-HOUSING PROPOSAL.
THE APPLICANT'S GOING TO TALK A LITTLE BIT MORE ABOUT THAT THOUGH AND I'LL STICK TO THE ZONING PART.
THE BASE ZONING DOES ALLOW 22 UNITS ON THE PROJECT SITE BASED ON THE R-3-18 ZONING.
AS I MENTIONED THERE ARE THREE VERY LOW INCOME AFFORDABLE UNITS ONSITE AND THAT IS A DEEPER AFFORDABILITY LEVEL THAN WOULD BE REQUIRED BY OUR STANDARD UNITS, 3.3 UNITS THOSE WOULD BE AT A HIGHER MODERATE RATE.
WHEREAS THESE ARE OFFERED AT VERY LOW WHICH IS 50% OF AMI.
AND SO BECAUSE OF THAT, THE DETERMINATION IS THAT THERE IS -- THAT IT COMPLIES WITH OUR ORDINANCE AND THERE IS A DENSITY BONUS THAT COMES ALONG WITH THAT THAT LOUSE THEM TO PUT AN ADDITIONAL TEN UNITS ON THE SITE SO FROM 22 TO 32, AS WELL AS CONCESSIONS TO ALLOW SOME SMALLER PATIOS ON SOME UNITS AND A SMALLER FRONT SET BACK, THAT'S AT FIVE FEET INSTEAD OF 15 FEET.
THESE ARE PRESCRIBED BY STATE LAW IN OUR DENSITY BONUS AND ARE ALLOWED BY RIGHT BASED ON THAT DENSITY BONUS IN STATE LAW AND IN OUR CODE.
BECAUSE THIS SITE'S WITHIN A HALF MILE OF THE FUTURE IRVINGTON BART STATION IN ADDITION, NO PARKING CAN BE REQUIRED BY LOCAL AGENCY PER AB 2097.
IT IS A FUTURE BART STATION BUT BECAUSE THAT BART STATION IS PLANNED AS PART OF THE OVERALL NETWORK THROUGH MTC AND THROUGH THEIR PLAN BAY AREA IT COUNTS.
SO THE APPLICANT HAS NONETHELESS PROVIDED A TOTAL OF 33 SPACES ONSITE INCLUDING COVERED AND UNCOVERED SPACES.
STREET PARKING IS ALSO PROVIDED, THOUGH IT'S NOT REQUIRED.
OR CONSIDERED AS PART OF THE REVIEW.
NEXT SLIDE.
AS SHOWN HERE ONE OF THE BRIGHT POINTS OF THE PROJECT IS THERE'S GENEROUS 12,000 SQUARE FEET OF COMMON OPEN SPACE THAT'S BEING PROVIDED WHEREAS LESS THAN 2,000 SQUARE FEET IS REQUIRED BY CODE.
BOTH INDOOR AND OUTDOOR SPACES THAT ARE INTENDED TO BE SHARED AND DESIGNATED FOR VARIOUS PURPOSES AS PART.
NEXT SLIDE.
SO THE SITE IS BEING DEVELOPED CONSISTENTLY AS PART OF THE GENERAL PLAN FOR SITE, WHICH ALLOWS IN CONJUNCTION WITH THE ZONING A NUMBER OF UNITS THAT IS CONSISTENT WITH THE DENSITY PROPOSED AND IT'S AN INFILL SITE SURROUNDED BY URBAN DEVELOPMENT AND THUS CEQA EXEMPT.
REQUIREMENTS THAT ARE APPLICABLE INCLUDING FOR ISSUES SUCH AS NESTING BIRDS, WE DID GET ONE COMMENT FROM THE PUBLIC ABOUT NESTING BURDENS, THAT IS REQUIRED DURING OUR COMMENTS.
AIR QUALITY, STANDARD REQUIREMENTS IN OUR ORDINANCE.
NEXT SLIDE.
RIGHT BEFORE OUR RECOMMENDATION HERE AT THE END WE WANT TO TALK A LITTLE BIT ABOUT OUTREACH.
THE APPLICANT DID A QUITE EXTENSIVE AMOUNT OF OUTREACH AS EVIDENCED BY THE ATTACHMENT TO THE REPORT THAT WENT THROUGH TALKING ABOUT THE MULTIPLE ONSITE MEETINGS, PICNICS AND REALLY AN IMPRESSIVE AMOUNT OF OUTREACH TO THE COMMUNITY AND NEIGHBORS.
AND THAT'S ALL DETAILED IN THE STAFF REPORT.
WE DID RECEIVE SEVERAL LETTERS OF SUPPORT FROM PEOPLE IN THE COMMUNITY, AND AS THE AFOREMENTIONED LETTER OF NESTING BURDENS, THIS PROJECT IS SUBJECT TO CERTAIN OBJECTIVE STANDARDS AND REQUIREMENTS.
NEXT SLIDE.
STAFF'S RECOMMENDATION IS TO MAKE FINDINGS OF CEQA EXEMPTION AND GENERAL PLAN CONSISTENCY AND THEN TO RECOMMEND TO APPROVE THE DESIGN REVIEW AND TRACT MAP.
THIS PROJECT GOES TO YOU AS THE FINAL ACTION.
THAT'S ALL I HAVE TONIGHT AND I'M AVAILABLE FOR QUESTIONS AND AFTER ANY QUESTIONS THE APPLICANT HAS A TEN MINUTE PRESENTATION AS WELL.
THANK YOU.
>> CHAIR LIU:   THANK YOU.
DO WE HAVE ANY QUESTIONS FROM THE COMMISSIONERS?
OKAY YOU'RE MUTED.
>> OKAY, I DO HAVE A COUPLE OF QUESTIONS BUT ARE THEY FOR YOU OR FOR THE APPLICANT I'M NOT SURE.
>> CHAIR LIU:   FOR THE STAFF RIGHT NOW.
>> FOR STAFF, OKAY.
>> PLANNER PULLEN:   I MAY DEFER TO THE APPLICANT IF IT'S NOT SOMETHING I CAN ANSWER.
>> CHAIR LIU:   YOU ARE MUTED.
>> YOU SAID THERE ARE THREE AFFORDABLE HOMES AROUND OUT OF THESE THREE, HOW MANY ARE SINGLE BEDROOM AND HOW ARE LIKE DOUBLE BEDROOM?
IS THERE LIKE BECAUSE I SEE THERE ARE TWO ONE BEDROOMS AND 11 TWO BEDROOMS SO THESE AFFORDABLE THREE, WHAT ARE THOSE?
ARE THOSE ONE BEDROOM OR DOUBLE BEDROOM OR WHAT IS IT?
>> PLANNER PULLEN:   SO LET ME REFER TO THE AFFORDABLE HOUSING PLAN.
>> COMMISSIONER YEE:   WOULD YOU LIKE ME TO ANSWER THAT?
>> PLANNER PULLEN:   NO THAT'S FINE.
IF YOU GO TO THE AFFORDABLE HOUSING PLAN WHICH IS ATTACHED TO THE REPORT, IT'S KIND OF DEEP IN THERE, IT TALKS ABOUT THE DIFFERENT UNITS THAT ARE AFFORDABLE.
AND ALL OF THEM ARE -- SO THERE'S TWO, TWO BEDROOMS AND ONE THREE BEDROOM TWO BATH AND IT SHOWS THE GROSS SQUARE FEET ET CETERA.
SO HOLD ON.
I APOLOGIZE.
HERE WE GO.
STACK FLAT.
THAT'S THE TOTAL OVERALL UNITS.
I'M LOOKING ON THAT SHEET AND I APOLOGIZE, I DON'T HAVE THAT FIGURE, I CAN GET THAT INFORMATION FOR YOU AS I'M NOT COMING ACROSS IT.
>> COMMISSIONER YEE:   AS I REMEMBER WOULD YOU LIKE ME TO ANSWER?
UNITS 102, 202 AND 209.
THOSE ARE THE UNITS THAT ARE AFFORDABLE AND I BELIEVE THEY ARE ROUGHLY AROUND A THOUSAND SQUARE FEET.
THEY ARE ALL TWO BROOMS.
>> OKAY, MY NEXT QUESTION IS I SEE THE DENSITY BONUS, CITY HAS PROVIDED TWO AND 45TH OPEN SPACE FOR CERTAIN UNITS.
ARE THESE REDACTIONS IN PRIVATE SPACE ONLY FOR THE AFFORDABLE HOMES OR FOR IN GENERAL?
AND IF IT IS FOR HOW MANY OF THEM THEY HAVE REDUCED THE SPACE?
>> PLANNER PULLEN:   I DON'T HAVE THE INFORMATION AS TO WHETHER THEY ARE SPECIFICALLY FOR AFFORDABLE HOMES BUT I DON'T KNOW IF THEY ARE RESTRICTED TO THEM.
I THINK MAYBE THE APPLICANT SHOULD ANSWER THAT QUESTION.
>> CHAIR LIU:   YOU'RE MUTED AGAIN.
>> I HAVE ONE MORE LAST QUESTION.
IT SAYS ABOUT THE 100 CUBIC FEET OF EACH DWELLING UNIT IS SUPPOSED TO HAVE A STORAGE, AND THEY SAY IT IS LOCATED IN GARAGES, BUT THERE ARE ONLY 16 GARAGES.
SO THAT'S THIS CUBIC FEET OF STORAGE UNIT, IS FOR ALL THE UNITS OR ONLY FOR THOSE WITH GARAGES?
>> PLANNER PULLEN:   SO YES, THERE IS STORAGE FOR EACH UNIT AND I BELIEVE THERE ARE MULTIPLE IN THOSE, IN THOSE GARAGES ON THE SIDE.
SO I THINK THEY'RE DOUBLED UP.
THE APPLICANT CAN CLARIFY HOW THEY'RE GOING TO BE APPORTIONED.
>> CHAIR LIU:   OKAY.
LET'S MOVE ON TO THE OPEN PUBLIC HEARING.
>> COMMISSIONER YEE:   WAIT I HAD ONE QUESTION.
>> CHAIR LIU:   SORRY.
>> COMMISSIONER YEE:   THAT'S NO PROBLEM.
JAMES I'M WONDERING, WHAT BACKGROUND INFORMATION YOU GUYS DID IN TERMS OF RESEARCH IN TERMS OF THIS COMMUNITY PROJECT?
>> PLANNER PULLEN:   JAMES IS NOT THE PROJECT.
AS I MENTIONED DAVID WAGE WAS THE PROJECT PLANNER SO I'M HERE ON HIS STEAD ON RELATIVELY SHORT NOTICE.
HE WAS THE PLANNER.
>> COMMISSIONER YEE:   SORRY ABOUT THAT.
TRYING TO REACH A SPECIAL WHEN IT COMES TO PARKING.
YOU KNOW, WAS THERE ANY BACKGROUND RESEARCH DONE TO KIND OF DETERMINE COMPARING YOU KNOW OTHER CO-HOUSING COMMUNITIES, EITHER HERE IN NORTHERN CALIFORNIA OR EVEN OUTSIDE OF THE STATE TO KIND OF GET SOME IDEA.
>> PLANNER PULLEN:   THAT WOULD BE A LUXURY THAT WOULD BE AFFORDED TO A CITY BEFORE JANUARY 1ST, 2023.
AFTER JANUARY 1ST, 2023 THE CITY HAS NO PURVIEW TO REQUIRE PARKING WITHIN A HALF MILE OF BART.
>> COMMISSIONER YEE:   OH THAT'S RIGHT.
THAT'S RIGHT.
>> PLANNER PULLEN:   IT'S REALLY NOT SOMETHING WE CAN CONSIDER ANYMORE.
>> COMMISSIONER YEE:   OKAY, GREAT.
>> CHAIR LIU:   SO I WOULD LIKE TO ASK THE APPLICANT TO GIVE A PRESENTATION FOR UP TO TEN MINUTES.
>> SO I'VE GOT MY COMPUTER PLUGGED IN.
IS IT SHOWING UP?
>> I BELIEVE THE WRONG SCREEN IS ON RIGHT NOW.
THIS IS THE STAFF SCREEN.
THEY'RE COMING TO ASSIST.
>> GOOD EVENING, COMMISSIONERS.
I'M JANE MUELLER AND I'M ONE OF THE FOUNDERS OF MISSION PEAK VILLAGE.
WHEN MY LATE HUSBAND AND I BOUGHT OUR FIRST HOUSE IN FREMONT IN 1975 WE FELT WE HAD ARRIVED.
WE SAW A SINGLE FAMILY DETACHED HOUSE AT THE END OF A CUL-DE-SAC?
WITH SIX FOOT FENCES AND IT WAS THE PROTOTYPICAL 1975 IDEAL WITH A FAMILY LIKE OURS WITH A BREAD WINNING DAD WHO COMMUTED EVERY DAY A STAY AT HOME MOM WHO RAN THE HOUSEHOLD AND TWO KIDS.
BUT IT'S NOT 1975 ANYMORE.
DEMOGRAPHICS AND ECONOMICS HAVE CHANGED.
LIFESTYLES HAVE CHANGED.
MY LIFE SOMETIME HAS CHANGED.
THE MATCH THE GROWING DIVERSITY OF LIFESTYLES IN FREMONT WE ALSO NEEDED DIVERSITY OF HOUSING TYPES.
FROM THE MOMENT I FIRST HEARD ABOUT CO-HOUSING COMMUNITIES I KNEW I WANTED TO LIVE IN ONE.
CO-HOUSING IS NOT NEW TO THE BAY AREA.
THE DIRECTORY ON THE WEBSITE FOR THE NATIONAL CO-HOUSING ASSOCIATION SHOWS 22 ESTABLISHED OR FORMING CO-HOUSING COMMUNITIES IN THE BAY AREA.
AND SOME HAVE EVEN WON NATIONAL AWARDS AND RECOGNITIONS SUCH AS DOYLE STREET CO-HOUSING IN EMERYVILLE AND FROG SONG IN COTATI AND PLEASANT HILL CO-HOUSING.
THE KEY THING I WANTED TO POINT OUT TO YOU IS THESE ARE FUNDED BY THE PEOPLE WHO WILL ACTUALLY LIVE IN THEM.
THAT MEANS WE ARE PUTTING UP THE MONEY IN ADVANCE FOR DEVELOPMENT COSTS INCLUDING ARCHITECTS AND CITY FEES.
WE ARE MOSTLY PEOPLE WHO ALREADY LIVE IN FREMONT AND WE TAKE LEADERSHIPS IN SUCH ORGANIZATIONS AS TRICITY ECOLOGY CENTER, LIFE ELDER CARE, LEAGUE OF WOMEN VOTERS, ROTARY CLUB AND ABODE SERVICES.
WHEN WE MOVE INTO THE CO-HOUSING COMMUNITY, MOST OF OUR SINGLE FAMILY HOMES WILL BECOME AVAILABLE FOR OTHER HOUSEHOLDS.
AS A GROUP WE ARE MULTIGENERATIONAL, MULTICULTURAL AND FOCUSED ON THE IDEA OF INTENTIONAL COMMUNITY.
WE WANT TO LIVE IN A NEIGHBORHOOD WHERE NEIGHBORS ARE FRIENDS, WHERE YOUNG AND OLD PEOPLE PLAY TOGETHER AND SUPPORT EACH OTHER, WHERE WE INTERACT FREQUENTLY AND MAY HAVE OCCASION MEALS TOGETHER AND WHERE WE LIVE A LIFESTYLE BOTH SOCIALLY AND ENVIRONMENTALLY.
AND WE INSPIRE TO BE THE ONES TO INTRODUCE CO-HOUSING TO FREMONT.
WE APPROACH THIS SENSIBLY.
WE DON'T HAVE THE DEVELOPMENT EXPERIENCE OURSELVES SO WE HAVE ALLIED OURSELVES WITH PEOPLE THAT HAVE THAT KIND OF EXPERIENCE.
WE COULDN'T HAVE GOT BE THIS FAR WITHOUT KATHERINE MCCAMMON, WHO INTRODUCED CO-HOUSING TO THE BAY AREA MORE THAN 30 YEARS AGO, REFLECTS OUR STANDARDS AND WE'LL BE HEARING MORE FROM BRAD GUNKLE SHORTLY.
HE HAS YEARS OF EXPERIENCE NOT ONLY IN DESIGNING CO-HOUSING BUT IN LIVING IN IT.
URBAN DEVELOPMENT PLUS PARTNERS IS OUR EXPERIENCED GUIDE THROUGH EACH ASPECT OF THE CO-HOUSING DEVELOPMENT INCLUDING FINANCE CONSTRUCTION AND PROJECT MANAGEMENT.
CONSISTENT WITH OUR MISSION WE WANT TO BE GOOD NEIGHBORS.
OUR OBJECTIVE HAS BEEN TO ENLIST SUPPORT FOR A PROJECT IN THE HIGH STREET NEIGHBORHOOD BECAUSE WE WILL EVENTUALLY BE LIVING AMONG THESE FOLKS AND WE WANT TO BE FRIENDS.
YOU'VE READ IN YOUR PACKET ABOUT THE MEASURES THAT WE'VE TAKEN AND MR. PULLEN MENTIONED SOME OF THEM TOO BUT I THINK MAYBE MY FAVORITE WAS SOMETHING CALLED LEMON DIPLOMACY.
WE HARVESTED A STRUGGLING LEMON TREE IN THE NEIGHBORHOOD.
WE DISTRIBUTED THE LEMONS AND INTRODUCING OURSELVES AND TALKING ABOUT OUR PLAN.
YOU MIGHT BE SURPRISED HOW UNIVERSALLY PEOPLE LIKE LEMONS, IT TURNED OUT TO BE A GOOD WAY TO MAKE FRIENDS.
CAN YOU SEE THE PEOPLE IN THE ROOM ARE WEARING THESE GREEN BADGES WHO ARE HERE TO SUPPORT OUR PLAN AND WE ARE GRATEFUL FOR THE MANY WHO ARE WATCHING RIGHT NOW VIA LIVE STREAM.
AS A LONG TIME RESIDENT OF FREMONT WHO LOVES THIS CITY I APPRECIATE THE TIME YOU PUT IN TO KEEPING THIS A GREAT PLACE TO LIVE AND I URGE YOU TO FOLLOW STAFF RECOMMENDATION AND APPROVE OUR PROJECT.
>> THANK YOU JANE AND THANK YOU COMMISSIONERS, FOR YOUR TIME TONIGHT.
MY NAME IS BRAD GUNKLE, WE ARE A FIRM THAT FOCUSES ON COMMUNITY DESIGN AND WE ACTUALLY INITIALLY MET MEMBERS OF THIS GROUP YEARS AGO WHEN CO-HOUSING WAS JUST A DREAM FOR THEM AND THEY WERE DOING OUTREACH TO THE CITIZENS OF FREMONT TO DRUM UP INTEREST IN THEIR PROJECT.
AND MORE RECENTLY, SINCE THEY PURCHASED THEIR PROPERTY, WE'VE BEEN WORKING DILIGENTLY WITH THEM AND WITH CITY STAFF IN ORDER TO CREATE A COMMUNITY THAT REALLY KIND OF MEETS THEIR NEEDS AND ENGAGING THE SURROUNDING NEIGHBORHOOD.
AS YOU CAN IMAGINE THE DESIGN PROCESS AS WELL AS THE DESIGN ITSELF FOR CO-HOUSING IS A LITTLE BIT DIFFERENT FOR MOST PROJECTS THAT ARCHITECTS DO IN THE AREA.
THE PROCESS IS VERY MUCH A PARTICIPATORY ONE SO FROM THE BEGINNING WE'VE HAD MANY LONG WEEKENDS IN RENTED ROOMS HANGING OUT WITH FUTURE RESIDENTS OF THIS COMMUNITY, WORKING ON THE PROGRAMMING AND DESIGN OF THE PROJECT.
AND AS A RESULT, IT PROBABLY WOULDN'T BE -- YOU KNOW IT'S NO SURPRISE TO YOU THEN THAT THE PROJECT REALLY DOES A GREAT JOB OF REINFORCING AND NURTURING A SENSE OF INTERNAL COMMUNITY.
THE PARKING IS ON THE PERIPHERY OF THE SITE.
CREATING A NICE PEDESTRIAN AND BICYCLE FRIENDLY INTERNAL ENVIRONMENT.
THE INTERNAL COURTYARD IS FLUSH WITH GARDENS AND THERE'S A LOT OF GARDENERS WHO ARE MEMBERS OF THIS GROUP AND WHO LOOK FORWARD TO GROWING FOOD THAT THEY CAN CONTRIBUTE TO THE COMMUNITY MEALS.
ALL THE COMMON HOUSES IS SORT OF THE HUB OF THE COMMUNITY.
AND HAS MANY AMENITIES THAT ARE SPECIFIC TO THE NEEDS AND DESIRES OF THIS COMMUNITY.
AND THE RESIDENCES WITHIN THE COMMUNITY ALL SORT OF LOOK OUT ON THIS -- ON THE COURTYARD AND THE COMMON HOUSE IN ORDER SO THAT PEOPLE CAN KIND OF SEE WHAT'S GOING ON.
BUT IN ADDITION TO KIND OF FOCUSING ON THEIR OWN INTERNAL INTERESTS, THE GROUP WAS VERY MUCH CONCERNED ABOUT THE SURROUNDING NEIGHBORHOOD.
AND ENGAGING IT AND BEING A PART OF THE LARGER COMMUNITY.
AND SO WE SPENT A LOT OF TIME ON SITE ANALYSIS, SITE INVESTIGATION, REALLY TRYING TO UNDERSTAND THE SITE AND BE A GOOD NEIGHBOR.
SO WHAT YOU CAN SEE HERE AS JOEL MENTIONED, THE SITE IS ABOUT 45 DEGREES OFF OF THE NORTH SOUTH AXIS.
SO ON THIS VIEW NORTH IS KIND OF THE TOP POINT OF THE VIEW.
AND SO WHAT CAN YOU SEE IS THERE'S A LARGE BUFFER ZONE CREATED BY BACKYARDS, PARKING LOT AND PARKING GARAGES ON THE NORTH SIDE TO BUFFER THE NEIGHBORS TO THE NORTH FROM THE LARGEST OR TALLEST PORTION OF THE PROJECT.
YOU CAN ALSO SEE THAT ON THE SOUTH A EAST SIDE.
THE BUILDING STEPS DOWN TO TWO STORIES TO CREATE -- TO REALLY KIND OF LIMIT ANY KIND OF SHADE IMPACTS ON THE NEIGHBORS TO THE EAST AND TO THE SOUTH.
AND SO A LOT OF EFFORT HAS BEEN SPENT ON MITIGATING THE IMPACTS ON SHADE AND PRIVACY FOR THE SURROUNDING NEIGHBORS.
SO YOU CAN ALSO SEE IN THIS LANDSCAPE PLAN THAT IN ADDITION TO THE LARGE GARDEN COURTYARD THERE IS A LOT OF LANDSCAPE BUFFER ZONE BETWEEN THE PROJECT AND THE PROPERTIES TO THE WEST AND TO THE SOUTH INCLUDING A LOT OF SCREEN TREES.
I THINK YOU MAY HAVE HEARD THAT THE SOIL MITIGATION ON THE PROPERTY REQUIRES THE REMOVAL OF THE EXISTING TREES BUT I THINK YOU'LL SEE THAT WE ARE REPLACING THOSE TREES IN KIND AND THEN SOME.
FOR INSPIRATION WITH REGARD TO THE DESIGN WE REALLY LOOK TO THE RICH HISTORY OF THE COMMUNITY.
THERE WAS AN OLD BARN ON THE PROPERTY PREVIOUSLY AND WE DREW SOME INSPIRATION FROM THAT, AND SOME LOCAL FARMHOUSES FOR THE COMMON HOUSE DESIGN AND FORM.
WE DREW INSPIRATION FROM THE MISSION LARGE PORTICO FOR THE FRONT PORCH OF THE COMMON HOUSE.
AND WE ALSO DREW SOME INSPIRATION FROM THE RICH HISTORY OF PLAYFUL ARCHITECTURAL DESIGN IN THE MID CENTURY MODERN ARCHITECTURE IN THE AREA.
AS YOU CAN SEE, I THINK THROUGH A LOT OF WORK WITH THE FUTURE RESIDENTS AND WITH THE STAFF, WE REALLY KIND OF NARROWED IN ON THROUGH AN ITERATIVE PROCESS ON A NICELY BALANCED DESIGN THAT REALLY DRAWS A LOT FROM THE COMMUNITY AND I THINK YOU KNOW WORKS IN HARMONY WITH THE SURROUNDING COMMUNITY.
YOU CAN ALSO SEE HERE THE FRONT PORCH OF THE COMMON HOUSE AND THE BALCONIES OF THE UPPER UNITS ALL KIND OF LOOKING OUT ONTO THE SIDEWALK.
AND, YOU KNOW, WE PUT A LOT OF EFFORT INTO REALLY MAKING SURE THAT THIS PROJECT DOES NOT ONLY PROVIDE THAT INTERNAL COMMUNITY BUT REALLY ENGAGES THE SURROUNDING COMMUNITY.
AND SO, YOU KNOW, WE HOPE THAT YOU CAN APPRECIATE ALL THE HARD WORK THAT THE FUTURE RESIDENTS OF THIS COMMUNITY HAVE HAD, AS WELL AS THE CITY STAFF IN TRYING TO CREATE A BEAUTIFUL COMMUNITY THAT REALLY ENGAGES THE SURROUNDING NEIGHBORHOOD.
THANK YOU AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.
>> CHAIR LIU:   THANK YOU SO COMMISSIONERS DO YOU HAVE ANY QUESTIONS?
OKAY COMMISSIONER YEE.
>> COMMISSIONER YEE:   YES, I FIRST OF ALL, I WANT TO APPLAUD THE DEVELOPER FOR PUTTING SO MUCH EFFORT TO DO THE OUTREACH TO THE COMMUNITY.
MANY TIMES I DON'T SEE DEVELOPERS REALLY DOING THAT.
AND AS YOU CAN SEE I TRY TO DO THE SAME THING, TRY TO REACH OUT TO THE COMMUNITY TO FIND OUT WHAT THEIR THOUGHTS ARE.
BUT MY QUESTION, I WAS WONDERING OF THESE 32 STACKED FLAT CONDOMINIUMS, HOW MANY ARE ALREADY SPOKEN FOR?
I'M JUST KIND OF CURIOUS.
>> SO THERE ARE 12 THAT ARE SPOKEN FOR.
AND IT SOUNDS LIKE YOU'VE DONE YOUR RESEARCH WITH REGARD TO CO-HOUSING.
THAT IS PRETTY TYPICAL FOR A CO-HOUSING COMMUNITY AT THIS STAGE.
USUALLY THE MEMBERSHIP INCREASES DRAMATICALLY ONCE WE HAVE ENTITLEMENT.
SO.
>> COMMISSIONER YEE:   OKAY, THANK YOU.
>> CHAIR LIU:   COMMISSIONER RAMAMURTHI.
>> COMMISSIONER RAMAMURTHI:   NOT A QUESTION BUT A COMMENT.
I JUST WANT TO THANK YOU GUYS FOR DOING THE AFFORDABLE HOUSING UNITS AND THEN THREE OF THEM.
THIS IS REALLY IMPORTANT FOR OUR CITY TO GROW AND TO ACCOMMODATE PEOPLE FROM ALL INCOME LEVELS, SO WHEN I SAW THIS, THAT IT'S HAVING THREE FOR LOW INCOME AND FIVE FOR MID INCOME THIS IS AMAZING.
THANK YOU SO MUCH FOR DOING IT.
>> THANK YOU.
AND YOU HAD A COUPLE OF QUESTIONS EARLIER.
THERE IS SEPARATE STORAGE FOR UNITS THAT DO NOT HAVE GARAGES IN THE COMMON HOUSE AND THAT'S REGARDLESS OF INCOME LEVEL.
AND ALSO I THINK YOU HAD ANOTHER QUESTION.
>> COMMISSIONER RAMAMURTHI:   ABOUT --
>> OH THE OPEN SPACE.
ALL OF THE UNITS, THE ONLY UNITS THAT HAVE ANY PRIVATE OPEN SPACE ARE THE ONES ON THE GROUND FLOOR THAT HAVE ACCESS TO BACKYARD.
AND THE REST REGARDLESS OF INCOME LEVEL ALL HAVE SEMI PRIVATE OPEN SPACE ON THE BALCONIES BUT NOT TRUE PRIVATE OPEN SPACE.
INSTEAD, YOU KNOW, THIS COMMUNITY IS REALLY FOCUSED ON THE COMMON OPEN SPACE THAT'S BEING PROVIDED AND THAT'S WHY WE'VE PROVIDED SO MUCH.
>> COMMISSIONER RAMAMURTHI:   THANK YOU.
>> CHAIR LIU:   ANY MORE QUESTIONS FROM THE COMMISSIONERS?
NEXT --
>> PLANNER PULLEN:   CHAIR IF YOU DON'T MIND I JUST WANT TO JUMP IN.
I WOULD BE REMISS IF I DIDN'T MENTION THE PRESENCE OF THE NOTES AND CORRECTION SHEET.
THERE IS ONE CHANGE TO A CONDITION I WANT TO NOTE, AND THAT IS THAT WE HAVE DELETED A CONDITION THAT IS DUPLICATIVE WITH ANOTHER.
THIS CONDITION WAS VERY SPECIFIC, AND WHEN THE CODE CAN BE INTERPRETED A VARIETY OF WAYS, AND SO OUR GENERAL CONDITION REQUIRING BUILDING AND FIRE COMPLIANCE TRUMPS ITEM 6 AND ITEM C-6 IS DELETED.
THANKS.
>> CHAIR LIU:   I'D LIKE TO HAVE THE PUBLIC MAKE ANY COMMENTS THEY WANT.
HOW MANY SPEAKER CARDS DO WE HAVE?
>> THE CLERK:   CHAIR LIU WE HAVE A TOTAL OF SIX SPEAKERS.
HOW LONG WOULD YOU LIKE TO GIVE EACH SPEAKER?
>> CHAIR LIU:   TWO MINUTES.
>> THE CLERK:   SANDI PANTAGES, I'LL CALL THE OTHER TWO, THE NEXT SPEAK WILL BE DR. EVELYN LATORRE AND MARIE CALUAG.
>> GOOD EVENING, MY NAME IS SANDI PANTAGES AND I'M HERE TO URGE YOUR VOTE IN SUPPORT OF OUR MISSION PEAK CO-HOUSING DEVELOPMENT.
MY HUSBAND AND I, I NEED TO CHANGE THIS A LITTLE BIT SO I CAN SEE THROUGH MY GLASSES.
MY HUSBAND AND I ARE VERY EXCITED ABOUT THE CO-HOUSING PROJECT AND THE ADVANTAGES OF LIVING IN CO-HOUSING AND WE APPRECIATE THE ENVIRONMENTAL DESIGN AND SUSTAINABILITY THAT'S PRESENT IN OUR DESIGN PLANS.
YOU HAVE SEEN EXCELLENT LETTERS OF SUPPORT AND COMMENTS OF OTHERS HERE THAT WILL BE MADE THAT DESCRIBE WELL THE BENEFITS OF CO-HOUSING AND OUR MISSION PEAK VILLAGE.
WE WANT TO REMAIN IN FREMONT.
I BEGAN WORKING IN THE PUBLIC LIBRARY IN FREMONT 54 YEARS AGO, AND RETIRED FROM THERE SOME YEARS AGO.
WE'VE LIVED IN FREMONT FOR 31 YEARS.
SO WE HAVE A STRONG CONNECTION TO FREMONT AND OUR WONDERFUL COMMUNITY.
WE APPRECIATE THAT CO-HOUSING IS PART OF THE HOUSING ELEMENT OF THE FREMONT'S GENERAL PLAN THAT YOU HAVE ALREADY HEARD.
SO THANK YOU FOR YOUR SUPPORT.
THANK YOU.
>> MY NAME IS EVELYN LATORRE AND I'VE BEEN A FREMONT RESIDENT, WE'VE OWNED HOMES HERE FOR THE LAST 50 YEARS AND I GRADUATED FROM WASHINGTON HIGH SCHOOL SO I'VE BEEN IN THE AREA FOR A LONG TIME, MOVED HERE FROM MONTANA WHEN I WAS 16.
AND I REALLY HAD MISSED THE COMMUNITY FEELING THAT YOU SOMETIMES GET IN THE SMALLER RURAL COMMUNITIES LIKE WHERE I WAS RAISED.
AND THEN I WAS TWO YEARS IN THE PEACE CORPS IN PERU AND I NOTICED A LOT OF OTHER CULTURES ARE MUCH MORE UNIFIED THAN OUR SINGLE FAMILY DWELLINGS WHERE THE GARAGE IN BETWEEN THE HOMES.
AND THIS PROJECT GIVES ME THE OPPORTUNITY TO GO BACK AND LIVE IN A COMMUNITY SETTING AND ALREADY, JUST THE PLANNING OF THIS PROJECT HAS BROUGHT A LOT OF US TOGETHER.
I'M LEARNING THINGS THAT I NEVER WOULD HAVE LEARNED BECAUSE I'M INTERACTING WITH PEOPLE THAT ARE MORE INTELLIGENT THAN I AM ABOUT A LOT OF TOPICS.
SO I HOPE YOU WILL APPROVE THIS PROJECT.
THANK YOU.
>> GOOD EVENING.
MY NAME IS MARIA, I'M 46 TODAY, 47 TOMORROW, I WORK FOR A FREMONT ALUMNI, HORNER JUNIOR HIGH SCHOOL, IRVINGTON HIGH SCHOOL.
SO I'M HERE TO SPEAK IN SUPPORT OF MISSION PEAK VILLAGE.
AND I REMEMBER GROWING UP IN FREMONT AS BEING A PLACE OF COMMUNITY.
I FONDLY REMEMBER MY NEIGHBORS ALONG MY PARENTS' STREET IN THE IRVINGTON DISTRICT AND I FELT SAFE BECAUSE OF IT.
THAT IS WHY AFTER A DECADE OF LIVING AND WORKING ABROAD INCLUDING PEACE CORPS I'VE RETURNED TO FREMONT SEEKING THAT SAME SENSE OF COMMUNITY FOR MY OWN CHILDREN.
BUT I'M AFRAID THAT IS NOT THE CASE ANYMORE.
MY HOUSEHOLD OF FOUR WITH MY 16-YEAR-OLD DAUGHTER FROM KENNEDY, AND MY TEN-YEAR-OLD SON AT MILLARD ELEMENTARY THEY DON'T KNOW THEIR NEIGHBORS.
WE CURRENTLY LIVE IN AN APARTMENT COMPLEX OF OVER 300 HOUSEHOLDS, THE APARTMENT COMPLEX E-ON THE CROSS STREETS OF GRIMMER BOULEVARD AND AUTO MALL PARKWAY.
NEIGHBORS DON'T SAY HELLO, WE DON'T SAY GOOD-BYE, THEY ARE NOT REALLY INVESTED TO KNOW EACH OTHER.
YOU CAN'T FIND PARKING ON MY PARENTS OLD STREET BECAUSE THE HOUSES HAVE BEEN CONVERTED TO ADUS AND SUBLETS.
I DON'T KNOW ANYONE ON THE STREET WE GREW UP ON.
SOME SAYS THIS ESTRANGEMENT IS COMMON BUT IT DOESN'T HAVE TO BE.
MISSION PEAK IS DESIGNED TO BE AN INTENTIONAL COMMUNITY WHOSE CORE VALUE IS TO LOOK OUT FOR ONE ANOTHER.
FREMONT NEEDS TO HAVE THESE COMMUNITIES SO THAT IS WHY I WANT AND SEEK FOR YOUR SUPPORT FOR MISSION PEAK VILLAGE.
THANK YOU.
>> OUR NEXT SPEAKERS ARE GOING TO BE (SAYING NAMES).
>> GOOD EVENING COMMISSIONERS AND CITY STAFF.
MY NAME IS DOUG FORD.
I'M HERE TO EXPRESS MY SUPPORT FOR THE MISSION PEAK VILLAGE CO-HOUSING DEVELOPMENT PROJECT.
I'VE BEEN A RESIDENT OF TREATMENT FOR 37 YEARS AND HAVE SPENT MANY YEARS ADVOCATING FOR THE CREATION OF AFFORDABLE HOUSING IN FREMONT.
THAT IS ONE OF THE MANY REASONS I AM ASKING YOU TO APPROVE MISSION PEAK VILLAGE DEVELOPMENT THAT YOU ARE CONSIDERING TONIGHT.
MISSION PEAK VILLAGE IS PROPOSING TO INCLUDE IN ITS COMMUNITY OF CONDOMINIUMS THREE THAT ARE AFFORDABLE, TO FAMILIES WITH VERY LOW INCOMES AT OR BELOW 50% OF AREA MEDIAN INCOME AND FOR THE FIRST TIME I BELIEVE IN FREMONT'S HISTORY, THESE NEWLY CONSTRUCTED HOMES ARE BEING OFFERED FOR SALE AT PRICES AFFORDABLE TO THOSE FAMILIES.
THESE CONDOS ARE NOT CHEAPLY MADE.
THEY ARE IDENTICAL TO ALL THE OTHERS IN THE DEVELOPMENT.
THE SUBSIDIES THAT ARE MAKING THIS POSSIBLE ARE BEING PAID BY ALL THE OTHER RESIDENTS IN THE CONDO OWNERS, NOT BY GOVERNMENT OR BY PUBLIC MONEY.
HOME OWNERSHIP IS NOT USUALLY AVAILABLE FOR LOW INCOME FAMILIES.
THIS PROJECT PROPOSED TO CHANGE THAT PARADIGM.
AND ENABLE THE PARTICIPATING FAMILIES TO ACCRUE A FINANCIAL NEST EGG WITH THEIR EQUITY OVER TIME.
THIS IS HISTORIC.
AND BY APPROVING THE PROJECT YOU CAN BE A PART OF THE HISTORY.
FREMONT WILL BE ABLE TO TELL FUTURE DEVELOPERS THAT OFFERING FOR SALE NEWLY CONSTRUCTED AFFORDABLE HOUSING AT VERY LOW INCOME LEVELS IS POSSIBLE BECAUSE WE'VE ALREADY DONE IT.
I LOOK FORWARD TO YOUR POSITIVE APPROVAL OF MISSION PEAK VILLAGE AND A SIGNIFICANT STANCE ON MAKING HOMES AFFORDABLE TO LOWER INCOME RESIDENTS.
I PLAN ON LIVING IN THIS COMMUNITY AND I INVITE YOU TO ALSO CONSIDER JOINING US IN THIS EXCITING GROUND BREAK VENTURE.
THANK YOU.
>> GOOD EVENING COMMISSIONERS MY NAME IS LISA DANS.
IN SUMMARY WE SUPPORT THIS PROJECT WE HOPE THAT YOU WILL VOTE FOR IT.
WE SUPPORT DENSE HOUSING.
WE SUPPORT AFFORDABLE HOUSING, WE SUPPORT TRANSIT ORIENTED HOUSING.
AS WELL AS ALL THE OTHER REASONS YOU'VE HEARD SO PLEASE SUPPORT IT.
THANK YOU.
>> HI MY NAME IS CAROLINE HARRIS AND I'M PART OF MISSION PEAK VILLAGE.
I WANT TO TALK TO YOU ABOUT THE PLANNING PROCESS.
AT THE VERY, VERY BEGINNING WE WERE TOLD THAT CALIFORNIA HAS GOT VERY, VERY STRICT CODES SO WE ALWAYS KNEW THE STANDARD OF BUILDING WOULD BE VERY GREEN AND STANDARD OF BUILDING AND EVERYTHING.
WHAT I'M COMPLETELY DELIGHTED ABOUT IS WE HAVE NOT GONE TO THE MAXIMUM AMOUNT OF HARD SCAPING.
WE HAVE ALL SEEN IN CITY NEWS THAT FLOODING IS A REAL ISSUE IN OUR AREA AND DURING OUR OUTREACH DURING THE LEMON DIPLOMACY AND DOOR KNOCKING THE PROPERTY NEXT DOOR AND PROPERTY IMMEDIATELY BEHIND HAVE HAD SAND BAGS ALL ALONG THEIR FRONT DOORS TO TRY AND KEEP OUT THE RAINWATER WHICH HAS ACCUMULATED OVER THE LAST FEW WINTERS.
AND THAT'S BECAUSE THERE'S SO MUCH HARD SCAPE.
THERE'S NOT ENOUGH STORM DRAIN AND WE CAN'T KEEP PULLING THE GREAT RAINWATER INTO THE STORM DRAIN.
WE HAVE GOT TO MITIGATE IT ONSITE.
WITH THE 12,000, 25% OF THE ACREAGE OF THIS LAND I'M PRETTY SURE WE WILL HAVE ALL OF THAT TAKEN CARE OF.
I'M ABSOLUTELY DELIGHT BED THAT AS ONE OF THE GREEN ISSUES AND THE WHOLE PROJECT'S BEEN SUPER-GROWN ALL THE WAY THROUGH.
SO PLEASE, VOTE TO ACCEPT.
THANK YOU.
>> CHAIR LIU:   ARE THERE ANY MORE SPEAKERS?
>> THE CLERK:   NO CHAIRMAN LIU THERE IS NONE.
>> CHAIR LIU: THEY ARE ALL IN FAVOR SO THERE IS NO REASON FOR REBUTTAL.
IS THERE ANY OTHER QUESTIONS FROM COMMISSIONERS?
I'M GOING TO CLOSE THE PUBLIC HEARING SEEING THAT THERE ARE NO MORE QUESTIONS.
AND SO PLANNING COMMISSIONERS, THIS IS A TIME TO ASK THE STAFF ANY FOR QUESTIONS YOU MIGHT HAVE.
OKAY.
DO YOU WANT TO ASK QUESTIONS?
>> COMMISSIONER ZHANG:   NOT ASKING QUESTIONS JUST MAKING COMMENT.
APPRECIATE THE SOFTWARE DESIGN AND THE SKEPTIC, ALSO APPRECIATE THE STORIES SHARED BY THE APPLICANT AND MANY OF THE SPEAKERS AND THEIR PROSPECTIVE OF HOUSING.
I HOPE THIS PROJECT WILL BE A SUCCESSFUL MODEL IN FREMONT.
>> CHAIR LIU:   I SEE A HAND THERE.
BUT WE ARE ALSO CLOSE THE PUBLIC HEARING.
>> THUMBS UP.
>> CHAIR LIU:   OH THUMBS UP, WONDERFUL.
YEAH.
I ALSO THINK THAT THIS IS A LITTLE BIT CLOSER TO THE COMMUNAL LIVING.
AND PEOPLE POTENTIALLY CAN HELP EACH OTHER A LOT MORE AND THEY CAN INTERACT WITH EACH OTHER A LOT MORE.
I THINK THE SENSE OF COMMUNITY WOULD DEFINITELY BE MUCH STRONGER, AND I LOVE IT, AND ALSO, THE -- IT'S GREAT TO SEE AFFORDABLE UNITS ACTUALLY BEING MADE AVAILABLE INSTEAD OF JUST IN LIEU FEES BEING PAID TYPICALLY, AND THAT'S A CHOICE MADE BY THE DEVELOPERS.
SO THIS IS A WONDERFUL PROJECT.
AND I LOVE IT.
SO NEXT I GUESS IF THERE IS NO MORE DELIBERATION --
>> COMMISSIONER YEE:   NO I WANT TO MAKE COMMENT AS WELL.
I ESPECIALLY LIKED THE LITTLE BIT OF RESEARCH.
THEY HAVE DONE QUITE A BIT OF RESEARCH AS WELL, I'VE SPOKEN TO THEM I THINK IT WAS LAST YEAR.
AND THEY PROBABLY WONDERED WHY I UNDERSTAND CO-HOUSING.
IT'S BECAUSE I USED TO HAVE AN OFFICE IN SACRAMENTO WHICH IS WALKING DISTANCE FROM I THINK IT'S SOUTH SIDE CO-HOUSING IN SACRAMENTO.
I SPOKE WITH THEM AGAIN TODAY TO FIND OUT -- BECAUSE THEY'VE BEEN THERE FOR 30 YEARS SO THREE HAVE QUITE A BIT OF EXPERIENCE.
AND SHARED WITH ME ALL THE PROS AND CONS.
AND THE ONLY CONS THAT THEY COULD TELL ME WAS LIKE ANYTHING ELSE, WHICH IS YOU HAVE TO GET ALONG WITH YOUR NEIGHBORS AND THERE IS GOING TO BE NEIGHBORS THAT YOU GET ALONG WITH, THERE ARE GOING TO BE NEIGHBORS THAT ARE NEUTRAL AND JUST LIKE ANY OTHER NEIGHBORHOOD, YOU KIND OF BEAR WITH IT.
BUT I THINK THE THING BETWEEN SOUTH SIDE AND TALKING TO THE OTHER CO-HOUSING COMMUNITY IN COLORADO WHO'S BEEN AROUND FOR I THINK IT IS 22 YEARS, THEY SAID THE SAME THING, WHICH IS IT'S A GREAT WAY FOR PEOPLE TO GET TOGETHER TO BE ONE BIG FAMILY.
THAT'S WHAT THEY FELT.
AND SO WHEN THEY FOUND OUT THAT YOU WERE PROVIDING THREE AFFORDABLE UNITS I HAD ONE OF THE RESIDENTS OVER THERE IN COLORADO WHO WAS ORIGINALLY FROM THE BAY AREA SAID I'D LIKE TO GET ON THE WAITING LIST.
SO I THOUGHT THAT WAS INTERESTING.
HE GOES IF YOU COULD DO THAT, THAT WOULD BE GREAT.
SO I JUST WANTED TO SHARE WITH YOU THAT WITH FROM WHAT I'M HEARING FROM TWO DIFFERENT LONG TERM CO-HOUSING COMMUNITIES THERE REALLY IS NO DOWN SIDE.
IT IS ALL UPSIDE.
SO JUST WANT TO LET YOU KNOW ABOUT THAT.
>> CHAIR LIU:   ALL RIGHT.
ANY MORE COMMENTS?
QUESTIONS FROM THE COMMISSIONERS?
>> I JUST WANT TO TELL -- WANT TO THANK THEM FOR BRINGING THIS PROJECT IN FRONT OF US.
BECAUSE THIS IS WHAT WE WANT TO SEE IN FREMONT TO HAVE MORE AFFORDABLE HOMES.
AND USUALLY, BEFORE I JOINED THE COMMISSION, I'D SAY WHY THIS NEW CONSTRUCTIONS DON'T HAVE, THEY'LL SAY OH THEY PROBABLY PAID THEIR IN LIEU FEE.
SO FOR A CHANGE TO SEE ACTUALLY THESE HOMES, AFFORDABLE HOMES, IT'S REALLY AN HONOR TO BE VOTING FOR THIS.
THANK YOU SO MUCH.
>> CHAIR LIU:   OKAY.
ANYONE WOULD LIKE TO MAKE A MOTION?
>> COMMISSIONER RAMAMURTHI:   YES, I CAN MAKE A MOTION TO APPROVE THIS PROJECT TO MOVE FORWARD.
>> CHAIR LIU:   ANY SECONDS?
>> COMMISSIONER YEE:   I'LL SECOND IT.
>> CHAIR LIU:   OKAY.
SO DO YOU WANT TO ANNOUNCE -- OKAY SO THE MOTION WAS --
>> PLANNER PULLEN:   I CAN ANNOUNCE IT CHAIR.
SO THE MOTION IS TO APPROVE STAFF RECOMMENDATION ON A MOTION BY COMMISSIONER RAMAMURTHI, SECONDED BY COMMISSIONER YEE.
>> CHAIR LIU:   WE VOTE.
ALL RIGHT.
ALL IN FAVOR.
EXCEPT TWO ABSENT.
>> PLANNER PULLEN:   SO THIS PROJECT IS APPROVED.
THIS PROJECT IS THE FINAL ACTION OF PLANNING COMMISSION AND IS APPEALABLE TO CITY COUNCIL WITHIN TEN CALENDAR DAYS OR IT'S FINAL.
THANK YOU CHAIR.
>> CHAIR LIU:   THANK YOU.
LET'S MOVE ON TO THE SECOND ITEM.
ON THE AGENDA.
WE HAVE A LONG NIGHT.
WE HAVE FIVE ITEMS TO DISCUSS SO WE'LL MOVE FAST.
>> PLANNER PULLEN:   THANK YOU CHAIR.
THE SECOND ITEM IS EXTREME EXPRESS CAR WASH, THE CONDITIONAL USE PERMIT.
AND THIS PROJECT IS AT 5525 STEVENSON BOULEVARD TO CONSIDER A CONDITIONAL USE PERMIT AND DISCRETIONARY DESIGN REVIEW PERMIT FOR A NEW FULL SERVICE CAR WASH LOCATED AT 5525 STEVENSON BOULEVARD IN THE IRVINGTON COMMUNITY PLAN AREA, AND TO CONSIDER A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO AN 
EXEMPTION FROM CEQA UNDER THE INFILL EXEMPTION AND ALSO THAT IT IS CONSISTENT WITH THE GENERAL PLAN AND VERY CONVENIENTLY PROJECT PLANNER STAFF MEMBER JAMES WILLIS IS AVAILABLE TO GIVE A PRESENTATION ON THIS ITEM.
THANK YOU.
>> CHAIR LIU:   OKAY, PLEASE BEGIN.
>> GOOD EVENING, COMMISSIONERS.
THE PROJECT BEFORE THE COMMISSION THIS EVENING IS THE EXTREME EXPRESS CAR WASH CONDITIONAL USE PERMIT.
THE PROJECT IS LOCATED AT 5525 STEVENSON BOULEVARD NEAR INTERSTATE 880.
IN JANUARY 1997, THE PLANNING COMMISSION APPROVED A CONDITIONAL USE PERMIT FOR A NEW OUTBACK STEAK HOUSE RESTAURANT AT THIS LOCATION.
THE RESTAURANT CLOSED IN JANUARY 2021, AND HAS REMAINED VACANT SINCE.
MULTIPLE CODE ENFORCEMENT CASES ON THE SITE SINCE THE RESTAURANT'S CLOSURE INDICATE THE BUILDING IS FREQUENTLY TARGETED FOR VANDALISM AND SQUATTING.
THE APPLICANT IS PROPOSING A NEW CONDITIONAL USE PERMIT AND DISCRETIONARY DESIGN REVIEW PERMIT TO ALLOW CONSTRUCTION OF A NEW CAR WASH.
THE EXISTING RESTAURANT BUILDING WOULD BE DEMOLISHED AND THE SITE WOULD BE RECONFIGURED TO ACCOMMODATE THE PROPOSED USE.
THE PROJECT SITE IS DESIGNATED GENERAL COMMERCIAL IN THE GENERAL PLAN AND THE SITE IS ZONED GENERAL COMMERCIAL.
THE PROPOSED BUILDING WOULD MEASURE 4900 SQUARE FEET AND CONTAIN THE CAR WASH ITSELF AND A SMALL OFFICE FOR THE MANAGEMENT OF THE CAR WASH, HIGH QUALITY MATERIALS STONE STUCCO AND METAL ROOF WITH VARIOUS AWNINGS AROUND THE BUILDING.
THE BUILDING WOULD BE PAINTED OFF WHITE WITH A BLUE ROOF.
20% OF THE SITE HAS BEEN SET ASIDE FOR LANDSCAPING.
THE APPLICANT IS PROPOSING TO PLANT 17 NEW TREES ON THE STREET INCLUDING TWO NEW STREET TREES ON STEVENSON BOULEVARD.
ACCESS TO THE SITE IS VIA SHARED DRIVEWAYS ON STEVENSON BOULEVARD AND FARWELL DRIVE.
THE CUSTOMER OPERATED VACUUMS WOULD BE LOCATED ALONG FARWELL DRIVE AND THE SOUTHERN SIDE OF THE CAR WASH BUILDING.
THE PROJECT SITE IS LOCATED ON A BLOCK CONTAINING MULTIPLE AUTO-SERVING USES, INCLUDING MULTIPLE CAR WARN AT THE ADJACENT SHELL GAS STATION, A DRIVE THROUGH AND RENTAL CAR OFFICE.
THE PROJECT SITE IS LOCATED ALONG STEVENSON BOULEVARD, AND FARWELL DRIVE A COLLECTOR STREET.
THE PROJECT IS LOCATED APPROXIMATELY 400 FEET FROM THE INTERSTATE 880 ON RAMP.
USES 20 FEET AWAY, ACROSS STEVENSON BOULEVARD AND MASONRY WALL.
THE APPLICANT HAS INCLUDED FEATURES, INCLUDING NOISE INSULATION IN THE CAR WASH TUNNEL, AN AUTOMATIC SHUTOFF WHEN THERE IS NO CARS GOING THROUGH THE TUNNEL AND METAL ENCLOSURES FOR THE VACUUM EQUIPMENT.
PER THE PROJECT NOISE ATTENUATION STUDY THE DAY NIGHT NOISE LEVELS WILL BE UNCHANGED DUE TO THE EXISTING TRAFFIC NOISE.
THE PROJECT WOULD BE 17 DECIBELS BELOW THE MAXIMUM THRESHOLD WHEN MEASURED AT THE NEAREST RESIDENTIAL PROPERTY LINE AND THE PROJECT WOULD CONFORM TO THE HOURLY NOISE LEVELS AT THE NEAREST RESIDENTIAL PROPERTY LINE.STAFF RECOMMENDS THAT THE PLANNING COMMISSION FIND THE PROJECT EXEMPT FROM CEQA FOR THE REASONS ENUMERATED IN THE STAFF REPORT AND APPROVE THE PROJECT AS SHOWN IN EXHIBIT A SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED IN EXHIBIT B.
THANK YOU.
>> CHAIR LIU:   ANY QUESTIONS FOR THE STAFF FROM THE COMMISSIONERS?
COMMISSIONER YEE.
>> COMMISSIONER YEE:   THIS TIME I CAN ASK YOU, JAMES.
HAS THERE BEEN ANY COMPLAINTS IN THE PAST FROM THE EXISTING CAR WASHES AT THAT GAS STATION THERE?
REGARDING NOISE OR ANYTHING?
>> I'M NOT AWARE OF ANY COMPLAINTS.
BUT I HAVEN'T DONE SIGNIFICANT RESEARCH ON THAT.
BUT I HAVEN'T SEEN ANY COMPLAINTS THAT STOOD OUT.
>> COMMISSIONER YEE:   OKAY, AND THEN I GUESS DO YOU KNOW ROUGHLY THE SIZE OF THAT PARTICULAR CAR WASH?
I KNOW IT'S PROBABLY SMALLER BUT I'M KIND OF CURIOUS.
>> IT IS A CONVERSION OF AN OLD REPAIR BAY IN THE GAS STATION.
IT IS BASICALLY JUST THE WIDTH OF THE GAS STATION'S BUILDING AND THEN ONE SMALL SECTION FOR A CAR TO GO THROUGH.
>> COMMISSIONER YEE:   OKAY, ALL RIGHT, THANK YOU.
>> CHAIR LIU:   ANY MORE QUESTIONS FROM THE COMMISSIONERS FOR THE STAFF?
NO.
OKAY.
SO KIM, DO WE HAVE ANY PUBLIC SPEAKERS FOR THIS?
>> THE CLERK:   WE HAVE NO ONE FROM THE PUBLIC WISHING TO SPEAK BUT I BELIEVE WE HAVE -- DO WE HAVE AN APPLICANT PRESENTATION?
>> CHAIR LIU:   YES, YES, APOLOGIZE.
LET'S GIVE TEN MINUTES TO THE APPLICANT.
>> GOOD EVENING GUYS, HOW YOU DOING?
>> CHAIR LIU:   GOOD.
>> OKAY I'LL GET STARTED SINCE THE TIMER'S GOING.
MY NAME IS ROB GALAHER.
WE HAVE A CAR WASH IN SAN JOSE.
MY WIFE AND I OWN THE CAR WASH AND RUN IT.
WE HAVE BEEN IN THE IS CAR WASH INDUSTRY FOR SIX YEARS, I HAVE WITH ME ELIZABETH WHO HAS BEEN WORKING WITH JAMES, WHO AS A SIDE NOTE HAS BEEN VERY GOOD TO WORK WITH, REPLIES AND GETS US GOING AND I HAVE BRIAN THE ARCHITECT ON THE PROJECT WITH ME ALSO.
THIS IS WHERE I'M GOING TO HAVE BRIAN COME IN AND TALK TO YOU ABOUT THE SITE AND THE BUILDING.
SINCE HE DESIGNED IT.
A LITTLE BACKGROUND ON BRIAN, IS HE'S DONE RECENTLY ABOUT FIVE OR SIX OF THESE CAR WASHES IN CALIFORNIA.
AND HE DOES A REALLY GOOD JOB.
THE BUILDINGS ARE BEAUTIFUL AND THE SITES ARE EFFICIENT AND THEY WORK REALLY WELL.
SO HERE'S BRIAN.
>> GOOD EVENING.
BRIAN ROSENBERGER.
AS JAMES HAS ALREADY MENTIONED, THE SITE IS AN EXISTING VACANT BUILDING.
WE PROPOSE TO DEMOLISH THE BUILDING AND THE SITE IN ITS ENTIRETY, ALL THE LANDSCAPING AND THE PAVING WILL BE REMOVED, THE SITE WILL BE, AS PREVIOUSLY MENTIONED AGAIN, HAVE NEW LANDSCAPING, NEW PAVING THROUGHOUT THE SITE.
AND IT WILL BE ALL NEW BASICALLY.
THE BUILDING WILL HAVE A ROOF AND SO IT WILL CONTAIN -- CONSUME THE TUNNEL BECAUSE PREVIOUSLY A LOT OF THESE CAR WASHES DID NOT HAVE A ROOF OVER THE TUNNEL AND NOISE WOULD ESCAPE OUT AND TO THE SURROUNDING AREAS.
BUT THIS BUILDING IS ROOFED COMPLETELY OVER THE TUNNEL.
AND OTHER ITEMS THAT WE HAVE DONE TO HELP CONTAIN THE NOISE, IS THE TUNNEL HAS AN EXTENDED LENGTH ON IT.
AND THE BLOWERS THE DRIERS WHICH MOST OF THE NOISE EMANATES FROM, THE BLOWERS ARE A MINIMUM OF 20 FEET BACK FROM THE EXIT END AND THEY ARE UP TO 30 FEET BACK DEPENDING ON THE BLOWER THAT'S IN SERVICE AT THE TIME.
THE TUNNEL WALLS AND THE TUNNEL CEILING FROM THE BLOWERS TO THE EXIT WILL HAVE SOUND ABSORBING MATERIAL ON THEM.
AND TO CONTAIN THE NOISE.
AND EVEN THE BLOWERS THAT HAVE BEEN SELECTED BY THE OWNER ARE A NEWER MODEL, AND THEY ARE VERY QUIET.
I'VE HEARD YOU COULD ALMOST HAVE A CONVERSATION STANDING UNDER ONE OF THEM WHILE IT'S OPERATING.
AND WITHOUT HAVING TO YELL.
SO WE'VE GONE TO GREAT EXTENTS ON THE DESIGN OF THE BUILDING AND THE SELECTION OF THE EQUIPMENT TO, YOU KNOW, REDUCE THE NOISE AND BE COGNIZANT OF THE NEIGHBORS, THE SURROUNDING RESIDENCES.
THE VACUUM STALLS, THERE ARE GOING TO BE 17 VACUUM STALLS FOR USE.
THE VACUUM EQUIPMENT WILL BE CONTAINED IN CONCRETE BLOCK ENCLOSURES THAT ARE ROOFED.
THE CAR WASH EQUIPMENT NOT THE EQUIPMENT IN THE TUNNEL BUT THE OPERATING EQUIPMENT IS ALSO ENCLOSED.
JUST AGAIN, WE'RE DOING EVERYTHING WE CAN TO REDUCE NOISE AND THEN POSSIBLE IMPACT ON THE SURROUNDING NEIGHBORS.
IF YOU HAVE ANY QUESTIONS REGARDING THE BUILDING ITSELF?
>> CHAIR LIU:   SO ARE YOU DONE WITH YOUR PRESENTATION?
>> NO, NO WE'RE NOT, SORRY.
SO AS YOU ALREADY KNOW THE CURRENT BUILDING IS ABANDONED.
I'VE GOT A LETTER FROM THE PROPERTY OWNER OF THE JACK-IN-THE-BOX THAT IS APPROVING THE CAR WASH.
OBVIOUSLY I DON'T THINK ANYONE LIKES AN ABANDONED BUILDING.
I KNOW THE RIFFRAFF THAT COMES WITH THAT.
SO WE HAVE A LITTLE VIDEO BUT I THINK WE'RE GOING TO SKIP THAT THAT SHOWS OUR SITE IN SAN JOSE AND THE REMODEL WE DID THERE AND WHAT IT LOOKS LIKE AND KIND OF THE VIBE THAT COMES OFF.
IT IS A BEAUTIFUL PLACE THAT CLEANS CARS.
HAVING THIS NEW CAR WASH IN FREMONT WILL BRING DIVERSITY AND INNOVATIVE CAR WASH TECHNOLOGY TO THE MARKETPLACE.
WE HAVE A LOT OF TECHNOLOGY THAT GOES INTO SAVING WATER, SAVING POWER AND THAT IMPROVES THE COMMUNITY.
THERE WILL BE GOOD JOBS THAT WILL COME IN, ANYONE IN SAN JOSE, TYPICALLY CAR WASHES HAVE THAT REPUTATION OF ENTRY LEVEL EMPLOYMENT.
THIS BUSINESS MODEL WE HAVE PROVEN THAT THESE PEOPLE CAN STAY A LONG TIME AND ACTUALLY HAVE CAREERS IN CAR WASHING AND DO VERY WELL.
CLEAN CARS DO MAKE PEOPLE HAPPIER.
THERE'S A LOT OF BENEFITS TO HAVING CLEAN CARS AND HAVING CAR WASHES IN THE MARKETPLACE THAT MAKE PEOPLE FEEL GOOD.
THEY RELEASE ENDORPHINS AND WILL IMPROVE THE OVERALL COMMUNITY AND HAPPINESS AND JOYFULNESS.
I CAN EXPOUND ON THAT IF YOU GUYS WANT TO.
WE'LL CREATE JOBS.
WATER RECYCLING.
I WANT TO TOUCH BASE ON THIS.
THIS IS A HOT TOPIC ESPECIALLY IN CALIFORNIA.
SO ONE OF THE THINGS WE WANT TO ACCOMPLISH WITH THESE MODERN CAR WASHES IS GET PEOPLE TO STOP WASHING IN THEIR DRIVEWAY OR STOP WASHING IN THE STREET BECAUSE THE AVERAGE CAR WASHING AT HOME CAN USE UP TO 100 GALLONS OF WATER.
MODERN CAR WASHES GROUND UP THAT WE ARE PROPOSING HERE HAVE TANKS IN THE GROUND TO RECYCLE THE WATER AND WE CAN WASH CARS IN THE HISTORY BETWEEN 12 AND 15 GALLONS.
I HAVE A SYSTEM THAT IS EVEN BETTER THAN THAT.
THE OTHER ADVANTAGE IS THAT WE CLEAN UP AND ANY DISCHARGE WE USE, WILL NOT BE GOING INTO THE STORM DRAIN OR IF YOU WASHED ON TOP OF YOUR LAWN INTO THE GROUNDWATER.
BRIAN TOUCHED BASE ON SOUND.
WE ARE USING THE BEST INDUSTRY LEADING QUIET DRYING SYSTEM AVAILABLE.
THERE'S NO SYSTEM THAT'S BETTER OR MORE QUIET THAN WE'RE GOING TO PUT IN ON THIS SITE.
AND CAN I GO MORE INTO DETAIL THAT IF YOU GUYS LIKE TOO ON WHAT WE ARE DOING TO REDUCE THE SOUND AND REDUCE IT FROM LEAVING THE CAR WASH.
OKAY WE GOT TIME.
HERE IS SOME SIRENS OF OUR CAR WASH IN SAN JOSE.
WE ARE VERY ATTENTIVE TO THE LOT AND CONTROLLING TRAFFIC.
THERE IS A LOT OF SIGNS OBVIOUSLY ON A NEW BUSINESS THERE'S CUSTOMERS HAVE TO GET USED TO IT A LITTLE BIT BUT WE HELP THEM AND KEEP TRAFFIC FLOW AND TRAFFIC PROBLEMS TO A MINIMAL AND CAN BE A REAL BENEFIT TO THE COMMUNITY.
AND IT PROVIDES A NEW WAY TO WASH YOUR CAR THAT'S QUICK AND EFFICIENT.
IT'S NOT A BIG TIME COMMITMENT ON YOU.
IMPROVING HAPPINESS IN THE COMMUNITY BY FEELING GOOD ABOUT HAVING A CLEAN CAR.
OUR CURRENT SITE IN SAN JOSE HAS FOUR AND A HALF STARS ON YELP AND GOOGLE AND IF YOU DO SOME RESEARCH ON THAT THAT'S VERY RARE.
WE WORK REALLY HARD TO PROVIDE A GOOD CUSTOMER SERVICE.
I KNOW ON ONE OF THE LETTERS THAT PEOPLE WERE WRITING IN ABOUT MENTION THAT WE WERE A BIG FRANCHISE OR A BIG CORPORATE COMPANY MOVING IN.
WE'RE NOT.
THIS IS SOLELY OWNED BY MY WIFE AND I AND OPERATED AS SUCH.
WE CARE ABOUT THE COMMUNITY THAT WE'RE IN.
WE CARE ABOUT OUR EMPLOYEES.
I'M EXCITED ABOUT HOW QUIET WEIR ABLE TO BUILD THIS ONE UP FROM THE GROUND UP BECAUSE NOT ONLY IS THAT CONSIDERATE FOR OUR NEIGHBORS THEY WILL BE VERY GOOD.
AND THAT'S IT.
I DON'T HAVE MUCH MORE.
I CAN ANSWER A LOT OF QUESTIONS, I DO HAVE A LOT OF MORE INFORMATION I CAN TALK ABOUT BUT IF YOU GUYS HAVE QUESTIONS I CAN EXPAND ON ANYTHING.
THANK YOU VERY MUCH FOR YOUR TIME.
I APPRECIATE IT.
>> CHAIR LIU:   THANK YOU.
COMMISSIONERS, I CAN -- ACTUALLY WE HAVE COMMISSIONER YEE FIRST ON THE LIST.
SO ANY -- JUST A REMINDER TO THE COMMISSIONERS WHO CAN PRESS TO SPEAK FROM YOUR SCREEN.
TO GET ON THE LIST.
SO COMMISSIONER YEE.
>> COMMISSIONER YEE:   I HAVE TWO QUESTIONS.
HOW MANY OF THESE EXTREME CAR WASH SITES DO YOU OWN?
YOU SAID SAN JOSE, THERE ANY MORE?
>> NO THAT IS IT.
THIS WILL BE MY SECOND ONE.
>> COMMISSIONER YEE:   THIS WILL BE YOUR SECOND ONE.
HOW MANY EMPLOYEES DO YOU ANTICIPATE TO HIRE AT THIS SITE IN FREMONT?
>> TOTAL EMPLOYEES WILL BE BETWEEN 16 AND 20 TOTAL.
>> COMMISSIONER YEE:   OKAY, THANK YOU.
>> CHAIR LIU:   COMMISSIONER RAMAMURTHI.
>> COMMISSIONER RAMAMURTHI:   HI.
MY QUESTION IS LIKE I APPRECIATE YOU GUYS RECYCLING THE WATER.
MY QUESTION IS LIKE THE DETERGENTS THAT YOU GUYS USE ARE THEY ENVIRONMENTALLY FRIENDLY BECAUSE IT IS QUITE A LOT OF PRODUCT IS GOING TO BE USED FOR THAT MANY CARS EVERY DAY.
SO IS THERE ANY INFORMATION YOU CAN SHARE REGARDING THAT?
>> I DIDN'T BRING SPECIFIC STUFF ON THE CHEMICALS BUT I CAN TELL YOU THAT OVERALL THE CAR WASH INDUSTRY HAS DONE A REALLY GOOD JOB WITH MAKING CHEMICALS THAT ARE FRIENDLY AND BIODEGRADABLE.
WHAT'S EVEN MORE IMPRESSIVE I THINK IS THE EQUIPMENT, SYSTEMS THAT WE PUT IN PLACE AND TANKS IN THE GROUND THAT WE FILTER AND CLEAN THAT WATER AND REUSE, OVER AND OVER AND OVER AGAIN AND REMOVE THOSE CHEMICALS AND THEN OBVIOUSLY APPLY NEW CHEMICALS ON NEW CARS THAT THEY CLEAN.
IT'S BEEN FILTERED AND CLEANED BY US.
I HOPE THAT ANSWERS YOUR QUESTION.
>> COMMISSIONER RAMAMURTHI:   THANK YOU.
>> CHAIR LIU:   COMMISSIONER ZHANG.
>> COMMISSIONER ZHANG:   THANK YOU FOR SHARING THE PICTURE.
I KNOW BETTER IMAGE WHAT IT'S GOING TO BE.
THE VACUUM SITES ARE YOU GOING TO HAVE?
>> 17 SITES.
>> COMMISSIONER ZHANG:   ARE YOU GOING TO BE LIKE THAT AFTER HOURS?
>> THEY WILL BE ONLY OPERATING DURING BUSINESS HOURS.
>> COMMISSIONER ZHANG:   OKAY, I GUESS SO, THANK YOU.
>> CHAIR LIU:   SO I JUST HAVE A GENERAL QUESTION.
SO I THINK IN THE MIDDLE EAST, OR IN ISRAEL, THERE ARE LIKE WATERLESS CAR WASH TECHNOLOGIES.
I JUST HAVEN'T SEEN ANY OF THAT IN THE U.S.
CAN YOU MAKE SOME COMMENTS ON THAT?
>> I DON'T KNOW ABOUT ANY WATERLESS CAR WASHES.
I DO KNOW THAT SOME DETAILERS CAN USE A STEAM TYPE CLEANING PROCESS THAT IS -- USES VERY LITTLE WATER.
BUT THEY'RE TYPICALLY ONLY USING THAT ON THE INTERIOR FOR STAIN REMOVAL FOR SEATS OR CARPETS.
I DON'T THINK OR KNOW OF ANY WATERLESS CAR WASH SYSTEMS FOR THE EXTERIOR THOUGH.
>> CHAIR LIU:   OKAY, THANK YOU.
SO NEXT LET'S OPEN UP THE PUBLIC HEARING, PUBLIC SPEAKING.
ANY SPEAKERS?
>> THE CLERK:   NO, CHAIRPERSON LIU WE HAVE NO SPEAKERS ON THIS ITEM.
>> CHAIR LIU:   OKAY, IF THERE ARE NO SPEAKERS, LET'S GET BACK TO THE QUESTIONING FOR THE STAFF.
COMMISSIONERS, DO WE HAVE ANY MORE QUESTIONS FOR STAFF?
OH YES.
>> PLANNER PULLEN:   AT THIS TIME I JUST WANT TO NOTE IT WOULD BE APPROPRIATE TO CLOSE THE PUBLIC HEARING.
>> CHAIR LIU:   OKAY YES, THAT'S TRUE.
SO LET'S CLOSE THE PUBLIC HEARING.
MOVE ON.
LET'S MOVE ON TO QUESTIONING.
>> COMMISSIONER YEE:   AFTER HEARING THIS IT JUST JOGGED ME MEMORY TO ASK ANOTHER QUESTION TO JAMES AND ALSO MAKE A COMMENT.
MY QUESTION TO YOU JAMES RECENTLY I WAS AT THE RIBBON CUTTING FOR THE BROTHERS CAR WAR IN APRIL.
SO THE OBJECTIVE STANDARDS THEY ARE BEING HELD TO IS THE SAME CORRECT AS THE CAR WASH THAT I WAS AT LAST MONTH?
>> I DID NOT WORK ON THAT OTHER PROJECT.
BUT IT SHOULD BE THE SAME BECAUSE THERE IS A CODE SECTION SPECIFICALLY FOR CAR WASHES IN THE FREMONT MUNICIPAL CODE.
>> COMMISSIONER YEE:   THAT'S WHAT I THOUGHT.
>> THESE RULES ARE DIRECTLY OUT OF THAT.
>> COMMISSIONER YEE:   THEN I CAN ANSWER SOME OF THE QUESTIONS REGARDING TO NOISE.
QUITE HONESTLY IF THEY ARE USING THE SAME TIME OF OBJECTIVE STANDARDS IN TERMS OF THE VACUUM AND THE CAR WASH ITSELF, MYSELF AND THE PLAYER, WE DIDN'T REALIZE THAT MOST OF THE EQUIPMENT WAS OPERATING.
IT WAS ACTUALLY QUITE QUIET.
SO THAT'S WHAT SOME OF THE RESIDENTS IN THE AREA WERE CONCERNED WOULD THERE BE NOISE.
BUT WHEN THEY REALIZED THERE WAS ALREADY ANOTHER CAR WASH OVER THERE AT THE GAS STATION, THEY DON'T HEAR IT EITHER.
MAINLY THEY HEAR THE NOISE WHICH I DEFINITELY HEARD ALONG THE FREEWAY AND ALONG THE STREET.
SO I DON'T ANTICIPATE THAT THIS NEW CAR WASH IS GOING TO MAKE ANY ADDITIONAL SOUND THAT'S GOING TO BOTHER THE RESIDENTS IN THE AREA.
BASED ON MY EXPERIENCE AT THE BROTHERS CAR WASH, I COULD HAVE A CONVERSATION JUST LIKE THIS RIGHT NOW WITHOUT A PROBLEM.
>> CHAIR LIU:   COMMISSIONER ZHANG.
YOU'RE MUTED.
>> COMMISSIONER ZHANG:   I'M AFRAID THE NOISE AND THE QUIET PROBABLY ONLY APPLY TO THE NEW FACILITIES BUILT RECENTLY.
BUT THERE'S MANY CAR WASH SHOP LEGACY LIKE THE ONE IN THE DUSTERBERRY, NEXT TO THE DMV THAT IS MAKING A LOT OF NOISE IF I RECALL CORRECTLY.
AND I HAVE ONE FRIEND LEAVE THERE WITH COMPLAINT ALL THE TIME.
DO WE HAVE A CODE TO KIND OF ENFORCE LIKE UPGRADE THEIR DEVICE FACILITIES, OR --
>> THE NOISE STANDARDS ARE BASED ON THE CURRENT GENERAL PLAN.
AND THEY HAVE TO PROVIDE A NOISE ATTENUATION STUDY THAT SHOWS THAT THEY MEET THE STANDARDS OF THE CURRENT GENERAL PLAN.
THE NOISE ATTENUATION STUDY THAT THEY PROVIDED SHOWED THAT THEY ARE SIGNIFICANTLY BELOW THE THRESHOLDS FOR NOISE LEVELS BASED ON THE EQUIPMENT BEING INSTALLED TODAY.
>> COMMISSIONER ZHANG:   BUT THE OLD ONES GRANDFATHERED FOR THIS OR THEY HAVE TO REVIEW EVERY YEAR OR SOMETHING?
>> PLANNER PULLEN:   I COULD SPEAK TO THAT.
WE DON'T HAVE AN OPPORTUNITY THROUGH OUR ZONING TO GO BACK TO OLD ONES.
WE DON'T HAVE SO TO SAY PERFORMANCE STANDARDS TO BRING THEM INTO COMPLIANCE ON SOME SCHEDULE.
THEY ALREADY HAVE A USE PERMIT FROM A TIME LIKE MANY CODES, YOU KNOW, WHERE THEY WERE DIFFERENT BACK THEN.
THERE MAY BE LIKE FOR THESE NEW CAR WASHES PERIODICALLY CHANGES IN UTILITY AGENCY REGULATIONS THAT MAY TRIGGER.
BUT I DON'T HAVE MORE INFORMATION ON THAT.
TRIGGER UPGRADES TO APPLIANCES AND SUCH TO MEET CERTAIN STANDARDS.
>> I HAVE ALSO WORKED ON BUILDING PERMITS FOR GAS STATION TYPE CAR WASHES IN FREMONT AS THEY UPGRADE THEIR EQUIPMENT AND IT IS ALWAYS SIGNIFICANTLY QUIETER AS THEY REPLACE WORN OUT EQUIPMENT WITH NEW EQUIPMENT THE NEW EQUIPMENT IS INHERENTLY QUIETER.
>> COMMISSIONER ZHANG:   I SEE, THANKS.
>> CHAIR LIU:   OKAY.
SO IS THERE ANY MORE DELIBERATION FROM THE COMMISSION BEFORE WE ENTERTAIN A MOTION?
OKAY.
SO ANYONE?
OKAY.
>> COMMISSIONER ZHANG:   MOTION TO APPROVE.
>> CHAIR LIU:   ANY SECONDS?
>> COMMISSIONER YEE:   I'LL SECOND.
>> CHAIR LIU:   JOEL.
>> PLANNER PULLEN:   ON A MOTION BY COMMISSIONER ZHANG AND A SECOND BY COMMISSIONER YEE TO APPROVE THE PROJECT, PLEASE VOTE.
AND THAT IS UNANIMOUS VOTE AND THIS ACTION OF THE PLANNING COMMISSION IS FINAL UNLESS  APPEALED TO THE CITY COUNCIL WITHIN TEN CALENDAR DAYS.
>> CHAIR LIU:   WE HAVE 15 MORE MINUTES BEFORE THE BREAK.
LET'S MOVE ON TO ITEM NUMBER 3.
>> PLANNER PULLEN:  CHAIR.
STARTING WITH ITEM NUMBER 3'S TITLE WHILE THE PLANNER MAKES THEIR WAY UP HERE.
THIS IS THE BINTANG BADMINTON MILMONT CONDITIONAL USE PERMIT.
TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW AN INDOOR
RECREATIONAL FACILITY CONSISTING 
OF 56 BADMINTON COURTS AND 13 
PING-PONG TABLES IN AN EXISTING 
124,138-SQUARE-FOOT BUILDING 
LOCATED AT 48900 MILMONT DRIVE 
AT CATO IN THE BAYSIDE INDUSTRIAL COMMUNITY PLAN AREA, AND TO CONSIDER FINDINGS UNDER CEQA, CATEGORICAL EXEMPTION AND CONSISTENCY WITH THE GENERAL PLAN.
THE PROJECT PLANNER IS MARK CLEVELAND WHO IS AVAILABLE FOR A STAFF PRESENTATION.
>> GOOD EVENING COMMISSIONERS.
TODAY WE'RE GOING OVER A C.U.P. FOR A BADMINTON FACILITY.
IT'S LOCATED IN THE I.T. OR TECHNICAL INDUSTRIAL DISTRICT WHICH IS ALSO THE GENERAL PLAN FOR THIS PROJECT.
THE PROPOSED USE IS CONVERTING AN EXISTING INDUSTRIAL BUILDING THAT'S APPROXIMATELY 124,000 SQUARE FEET INTO A BADMINTON FACILITY THAT WILL HAVE 56 BADMINTON COURTS AND 13 TABLE TENNIS TOPS AS WELL AS A RECEPTION AREA.
THESE WILL BE AVAILABLE BY -- FOR MEMBERS AS WELL AS DROP INS.
THE HOURS ARE MONDAY THROUGH FRIDAY 9 TO 11, SATURDAY 8 TO 11 AND SUNDAY, 8 A.M. TO 10 P.M.
THEY ALSO WILL BE PROVIDING LESSONS AS AN ANCILLARY USE TO THIS.
WE ALSO HAD COMMENT ABOUT THEIR CONDITION FOR STREET IMPROVEMENTS FROM THE PUBLIC AND THERE WAS SOME CONFUSION BECAUSE THE CURRENT PLANS DON'T REPRESENT WHAT THOSE STANDARD DETAILS WOULD BE FOR THE STREET IMPROVEMENTS BUT WITH CONVERSATIONS WITH PUBLIC WORKS THAT IS DEFERRED TO THE BUILDING FERMENT THOSE DETAILS BEING ON PLANS UNTIL THAT TIME WHICH IS FAIRLY TYPICAL AS THEY WORK THROUGH THAT.
SO TONIGHT WE ARE RECOMMENDING THAT WE FIND THE PROJECT AS EXEMPT FROM CEQA AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED AND THAT WE APPROVE THE CONDITIONAL USE PERMIT TO ALLOW AN INDOOR RECREATION USE FOR A NEW BADMINTON FACILITY.
SO I'D BE AVAILABLE FOR QUESTIONS.
>> CHAIR LIU:   SO ANY QUESTIONS FROM THE COMMISSIONERS FOR THE STAFF?
SEEING NO, THEN LET'S INVITE THE APPLICANT TO SPEAK.
>> GOOD EVENING, COMMISSIONERS.
MY NAME IS FU.
THIS IS MY WIFE STELLA.
WE ARE THE ONES THAT ARE APPLYING FOR C.U.P. FOR BADMINTON FACILITY.
WE DON'T HAVE LIKE A FANCY YOU KNOW SLIDE SHOW FOR YOU GUYS.
WE ARE KIND OF LIKE A MOM AND POP.
WE MET THROUGH BADMINTON, LOVE BADMINTON AND WANT TO SHARE IT WITH THE GENERAL COMMUNITY.
WE ARE ALSO RESIDENTS OF FREMONT ALSO SO THIS WOULD BE BRINGING OUR LOVE OF THE SPORT BACK TO OUR HOME TOWN.
SO, YOU KNOW -- YES.
>> CHAIR LIU:   DOES YOUR WIFE WANT TO SPEAK?
LOOKS LIKE SHE WANTS TO.
>> WE HAVE BEEN DOING THIS LIKE FOR OVER 20 YEARS AND WE CURRENTLY HAVE LOCATIONS IN OTHER CITIES.
LIKE MY HUSBAND SAID WE REALLY WANT TO BRING IT BACK TO OUR OWN HOME TOWN BECAUSE WE BOTH GREW UP HERE AND OUR KIDS ARE GROWING UP HERE.
IT WOULD BE REALLY NICE TO HAVE OUR ULTIMATE FACILITY HERE IN FREMONT.
THANK YOU.
>> ALSO, COMING OUT OF THE PANDEMIC, A LOT OF PEOPLE NEED EXERCISE AND SO THAT'S WHY I THINK, YOU KNOW, BRINGING IT TO FREMONT CAN HELP THE COMMUNITY A LOT.
SO.
THAT'S ALL.
>> CHAIR LIU:   YOU ARE SAVING US A LOT OF TIME.
YOU HAVE TEN MINUTES!
SO THAT'S ONE.
SO ANY QUESTIONS FROM THE STAFF FOR THE APPLICANT?
COMMISSIONER YEE.
YOU'RE ALWAYS THE FIRST ONE.
>> COMMISSIONER YEE:   WELL I CAN'T HELP IT.
I LIKE TO ASK QUESTIONS OR AT LEAST MAKE COMMENTS.
I REALLY HAVE TO ASK, PLEASE DON'T TELL ME YOU ARE WEARING THE CRUTCHES BECAUSE YOU HAD A BADMINTON ACCIDENT.
>> UNFORTUNATELY THAT IS THE CASE.
>> COMMISSIONER YEE:   REALLY?
I WAS JUST JOKING.
>> I HAVEN'T PLAYED SINCE WE HAD OUR FIRST CHILD.
SO RECENTLY OUR KIDS ARE OLDER NOW.
THEY ARE TEN, SEVEN AND FOUR AND A HALF.
SO I DECIDED TO TRY PLAYING AGAIN.
WITHOUT --
>> COMMISSIONER YEE:   I SEE YOUR HUSBAND ROLLING HIS EYES.
>> WITHOUT BEING IN SHAPE FOR IT.
SO UNFORTUNATELY I DID GET HURT, YEAH.
>> COMMISSIONER YEE:   MY ACTUAL QUESTION I WAS ASKING, WANTED TO ASK IS, YOU KNOW, I APPLAUD YOU FOR WANTING TO COME BACK TO FREMONT.
AND I DEFINITELY KNOW HOW BIG BADMINTON IS BECAUSE I'VE ATTENDED SOME OF THE EVENT.
HOW WELL CONNECTED ARE YOU IN TERMS OF THAT COMMUNITY IN TERMS OF THE BADMINTON.
I'VE SEEN THE ONES OVER AT IRVINGTON AND THERE'S THE ONES DOWN IN SUNNYVALE, AND I'M KIND OF CURIOUS.
YOU SAID YOU HAD MULTIPLE FACILITIES I MEAN MULTIPLE LOCATIONS.
I ASSUME YOU MUST HAVE THEM LIKE SUNNYVALE, SANTA CLARA, SAN JOSE.
>> WE DO HAVE ONE OF IN SUNNYVALE BUT IT IS CLOSING DOWN BECAUSE OF THE GOOGLE DEVELOPMENT THERE AND THEY ARE MOVING TO SANTA CLARA RIGHT NOW.
WE HAVE ONE IN SAN CARLOS, BURLING, DUBLIN, CAMPBELL, MILPITAS.
>> COMMISSIONER YEE:   OH OF COURSE MILPITAS, THEY'RE BIG THERE TOO.
THANK YOU.
I WAS JUST KIND OF CURIOUS.
THANK YOU.
YOU ANSWERED MY QUESTIONS.
>> CHAIR LIU:   COMMISSIONER ZHANG.
>> COMMISSIONER ZHANG:   THANK YOU CHAIR.
SO WE JUST APPROVED A BADMINTON SITE LAST MEETING.
AND YEAH, IT'S GOOD TO SEE, IT'S ALWAYS GOOD TO SEE MORE SPORTS FACILITIES.
REGARDING COACHES FOR THIS SITE, HOW MANY COACHES, YOU ALREADY HAVE OR YOU JUST GOING TO HIRE NEW COACHES?
>> WELL LIKE WE DID COMBINATION EVER BOTH.
SOME OF OUR COACHES WHO, YOU KNOW, DO LIVE CLOSER TO FREMONT OR IN FREMONT MAY WANT TO COACH AT THIS SITE INSTEAD.
AND WE WILL ALSO HIRE LIKE NEW ONES AS WELL.
>> COMMISSIONER ZHANG:   OKAY.
ARE YOU PLANNING TO HAVE LIKE A CAMP OR SOME SPORTS TEAM ORGANIZED HERE OR IT'S JUST FOR PLAY ONLY?
>> MAINLY IT IS FOR LIKE ADULT RECREATION.
WE WANT TO I GUESS HAVE PEOPLE OUR AGE, YOU KNOW, KIND OF GET BACK INTO SHAPE AND, YOU KNOW, THRIVE A LITTLE BIT LONGER BUT AT THE SAME TIME, YOU KNOW, WE HAVE KIDS AND PEOPLE WILL HAVE KIDS WHO WILL OFFER THE CLASSES SO WHEN THE KIDS ARE IN CLASSES THE ADULTS ARE ALSO EXERCISING AT THE SAME TIME.
CAMPS LIKE I SAID IT WOULD BE, YOU KNOW, AS LONG AS THE PARENTS ARE AROUND PLAYING THE KIDS CAN BE IN CAMP SO THAT WAY THEY ARE NOT LIKE NAGGING THE PARENTS I WANT TO GO HOME I WANT A SCREEN I WANT A SCREEN SO YEAH.
>> COMMISSIONER ZHANG:   ALL RIGHT, THANK YOU, WELCOME HOME.
>> CHAIR LIU:   COMMISSIONER RAMAMURTHI.
>> COMMISSIONER RAMAMURTHI:   HOW MANY PEOPLE, DO YOU HAVE ANY DATA THAT PEOPLE ARE INTERESTED IN FREMONT, AND ARE THERE ANY CLUBS THAT'S ACTIVE, AND IF THEY HAVE, HOW MANY CLUBS ARE THERE AND DO YOU KNOW ANY DATA ON HOW MANY MEMBERSHIP THEY HAVE?
IS IT SUMMING THAT THE FREMONT RESIDENTS ARE -- IS IT SOMETHING THAT THE FREMONT RESIDENTS ARE INTERESTED IN?
>> CURRENTLY THERE ARE THREE MORE CLUBS IN FREMONT ITSELF.
THEY ARE MORE IN THE NORTHERN LIKE IRVINGTON OR FURTHER UP.
LIKE AUTO MALL WHICH THE AUTO MALL IS THE ONE YOU GUYS APPROVED I THINK LAST TIME.
SO SINCE WE ARE TOWARDS THE SOUTH END OF FREMONT THERE IS A HUGE COMMUNITY THERE.
SOME OF OUR CUSTOMERS CURRENTLY AT OUR MILPITAS LOCATION ACTUALLY COME FROM SOUTH FREMONT OR EVEN OTHER PARTS OF FREMONT.
>> CHAIR LIU:   OKAY, COMMISSIONER RAO.
>> COMMISSIONER RAO:   YES, HI, THANK YOU FOR BRINGING BADMINTON, I LOVE BADMINTON.
THERE IS ONE CLUB RIGHT ON WARM SPRINGS SO IT'S VERY CLOSE TO YOUR FACILITY.
>> TRUE, THAT ONE IS CBA, CALIFORNIA BADMINTON CLUB.
AND THAT LIKE CATERS TO THE MISSION AREA THERE.
WE'RE KIND OF CATERING TOWARDS THE MORE SOUTH.
SOUTH OF FREMONT, YEAH.
>> COMMISSIONER RAO:   THEY HOST NATIONAL BADMINTON CHAMPIONSHIPS TOO.
SO DO YOU HAVE PLANS FOR THAT?
>> RIGHT NOW WE JUST WANT PEOPLE TO EXERCISE.
MAYBE IN THE FUTURE BUT RIGHT NOW COMING OUT OF THE PANDEMIC AS MY WIFE IS ON CRUTCHES SHE DIDN'T EXERCISE WORK AT HOME FOR THE PAST THREE YEARS AND NOW TRYING TO EXERCISE, YES, SO WE'RE GOING TO TRY THE GET THE COMMUNITY BACK INTO GETTING IN SHAPE.
>> COMMISSIONER RAO:   HAVE YOU DECIDED ON THE FEE STRUCTURE ALREADY?
WHAT KIND --
>> WE WOULD USE A SIMILAR FEE STRUCTURE TO OUR OTHER LOCATION, WE TRY THE HAVE IT SAME ACROSS THE BOARD SO IT IS ALREADY DECIDED, YES.
>> COMMISSIONER RAO:   THANK YOU.
>> CHAIR LIU:   I'D LIKE TO MAKE A COMMENT BY SAYING THAT WE ALREADY HAVE TWO, THREE BADMINTON PLACES AND IT'S ALWAYS GOOD TO HAVE MORE CHOICES.
AND YOU GUYS APPEAR TO BE VERY SUCCESSFUL ENTREPRENEURS AND HAVING MULTIPLE LOCATIONS TO PROVE IT.
I'M AMAZED THE MARKET IS SO BIG AND YOU ARE GOING TO PUT A 54-COURT FACILITY IN FREMONT.
AND I'M NOT SAYING I'M WORRIED BUT HAVE YOU DONE ENOUGH MARKET RESEARCH TO FEEL COMFORTABLE THAT THE MARKET IS -- WILL SUPPORT -- IS THIS THE BIGGEST FACILITY YOU HAVE, YOU ARE GOING TO HAVE?
>> YES.
THIS IS OUR BIGGEST FACILITY THAT WE ARE ACTUALLY OPENING UP.
MARKET RESEARCH THERE IS AN ABUNDANT AMOUNT OF PLAYERS IN THE AREA.
I GREW UP IN FREMONT PLAYING BADMINTON.
EVERY HIGH SCHOOL IN FREMONT HAS BADMINTON, 100 KIDS ON THE BADMINTON TEAM.
SHE WAS ON THE BADMINTON TEAM.
THEY GROW UP, ONCE THEY START WORKING THEY GET BACK INTO THE SPORT AND THAT'S WHAT WE'RE CATERING TO YES.
>> CHAIR LIU:   OKAY, THANK YOU.
LET'S INVITE ANY PUBLIC COMMENT FROM THE PUBLIC SPEAKERS.
ARE THERE ANY?
>> THE CLERK:   YES CHAIR WE HAVE THREE PUBLIC SPEAKERS AND MY FIRST QUESTION WOULD BE HOW LONG WOULD YOU LIKE TO GIVE THEM?
>> CHAIR LIU:   GO MINUTES.
>> THE CLERK:   OKAY I APOLOGIZE IN ADVANCE IF I MISPRONOUNCE ANYONE'S NAME.
THE FIRST SPEAKER IS GOING TO BE SESHADRI NEMANI.
THE NEXT SPEAKER WILL BE UMAPATHI SARAGAPANI.
IF YOU WILL LINE UP ALONG THE WALL AND THE THIRD ONE IS ARBA PARTHANIAN.
THANK YOU.
>> THIS IS SESHADRI NEMANI.
I SUPPORT THE CLUBS BECAUSE IF WE HAVE MORE CLUBS AS A TREATMENT RESIDENT WE'LL GET MORE CHOICES.
WE'LL GET LIKE MORE -- IF THEY HAVE A COMPETITION, WE WILL BE SAVING MORE MONEY ON THIS SO I SUPPORT THIS.
THANK YOU.
>> I'M MARANDI SERAPANI.
BADMINTON IS MY FAVORITE SPORTS.
I CHOOSE BADMINTON I CAN PLAY 365 DAYS A YEAR, IT'S IN DOOR AND I DON'T HAVE TO WORRY ABOUT THE CLIMATE.
I HAVE BEEN PLAYING BAD MINUTE TON FOR SOME TIME I'M EXCITED THAT WE HAVE ANOTHER BADMINTON CLUB COMING HERE.
I DO GO TO OTHER BADMINTON CLUBS, I'M EXCITED BECAUSE I CAN REDUCE TRAVEL TIME GOING TO OTHER CITIES AND HUGE WAITING TIMES IN SOME OF THE CLUBS HERE SO I'M QUITE EXCITED AND I LIKE -- I APPROVE FOR THIS ONE.
THANK YOU.
>> HI.
THANK YOU FOR GIVING ME THIS OPPORTUNITY TO SPEAK IN FRONT OF YOU.
SO I JUST WANT TO START BY SAYING THAT A HEALTHY BODY LEADS TO A HEALTHY MIND.
AND MAINTAINING A LEVEL OF PHYSICAL FITNESS IS HUGELY BENEFICIAL TO BOTH PHYSICAL AND THE MENTAL STATE OF BEING.
AS YOU KNOW RIGHT, BADMINTON IS BOTH A PHYSICAL AND A MENTAL GAME.
AND IT IMPROVES THE MENTAL WELL-BEING.
AND TAKING PART IN ANY FORM OF REGULAR PHYSICAL ACTIVITY IT ACTUALLY HELPS TO RELEASE STRESS AND IMPROVE THE WELL-BEING.
SO I CAME TO CALIFORNIA TWO YEARS AGO.
SORRY I CAME TO U.S. OVER 20 YEARS AGO AND HAVE BEEN A CALIFORNIAN FOR THE PAST 20 YEARS, LIVING IN FREMONT FOR THE PAST EIGHT YEARS.
I LOVE THE SPORT OF BADMINTON AND WHAT I BELIEVE IS, HAVING THIS NUMBER OF COURTS WILL HELP IN EASY AVAILABILITY OF THIS GAME FOR ME AS WELL AS TO THE LARGER COMMUNITY HERE.
AND THIS CENTER DEFINITELY WILL HELP FOR THE WELL-BEING FOR THE WHOLE COMMUNITY.
SO WITH THAT IN MIND I REQUEST YOU TO SUPPORT THIS TO BUILD A BADMINTON FACILITY HERE.
I SAY AGAIN A HEALTHY BODY LEADS TO A HEALTH MIND AND IT WILL LEAD TO A BETTER AND STRONG COMMUNITY.
THANK YOU.
>> CHAIR LIU:   THANK YOU.
SO SINCE ALL THE SPEAKERS WERE IN FAVOR OF IT, THERE SHOULD BE NO REBUTTAL.
ARE THERE QUESTIONS, FURTHER QUESTIONS FROM THE COMMISSIONERS TO THE APPLICANT?
IF NOT, I'M GOING TO CLOSE THE PUBLIC HEARING SECTION OF THE -- I'M GOING TO CLOSE THE PUBLIC HEARING.
OKAY?
SO AT THIS TIME, I'M GOING TO ASK THE COMMISSIONERS TO ASK THE STAFF, ANY QUESTIONS YOU MIGHT HAVE.
THERE ARE NONE.
>> COMMISSIONER RAO:  MAKE A MOTION.
>> CHAIR LIU:   ANY SECONDS?
>> COMMISSIONER ZHANG:   I SECOND.
>> CHAIR LIU:   JOEL.
>> PLANNER PULLEN:   THANK YOU CHAIR.
ON A MOTION BY COMMISSIONER RAO AND SECOND BY COMMISSIONER ZHANG, FOR THE CONDITIONAL USE PERMIT FOR A BADMINTON FACILITY PLEASE VOTE.
AND THAT VOTE IS UNANIMOUS WITH THOSE PRESENT WITH TWO ABSENT.
THIS PROJECT IS APPROVED, FINAL ACTION IS BY THE PLANNING COMMISSION AND THAT ACTION IS FINAL UNLESS APPEALED TO THE CITY COUNCIL WITHIN TEN DAYS.
THANK YOU.
BACK TO YOU CHAIR.
>> CHAIR LIU:   THANK YOU.
IT'S 8:31.
LET'S TAKE A TEN-MINUTE BREAK.
[ RECESS ] 
>> CHAIR LIU: ALL RIGHT, LET'S RESUME OUR MEETING.
I WILL ASK SECRETARY PULLEN TO INTRODUCE ITEM NUMBER 4.
>> THANK YOU, CHAIR.
ITEM NUMBER 4 IS AN AT&T WIRELESS CONDITIONAL USE PERMIT AMENDMENT AT 1423 LEMOS LANE.
THIS IS TO CONSIDER A USE AMENDMENT FOR PLANNING APPLICATION TO CONSIDER A CONDITIONAL USE 
PERMIT AMENDMENT TO 
PLN200500122 TO REMOVE SIX 
PANEL ANTENNAS, THREE REMOTE 
RADIO UNITS AND ASSOCIATED 
MOUNTING EQUIPMENT AND CABLES 
FROM AN EXISTING PG&E LATTICE 
TOWER AND RELOCATE THE ANTENNAS, 
REMOTE RADIO UNITS AND ASSOCIATE 
MOUNTING EQUIPMENT AND CABLES TO 
AN ADJACENT PG&E LATTICE TOWER 
LOCATED AT 1423 LEMOS LANE IN 
THE MISSION SAN JOSE COMMUNITY 
PLAN AREA.
THEY ARE EXEMPT UNDER THE EXISTING UTILITIES, AND AS THIS IS A ROUGHLY ROUTINE ITEM, CONSISTING OF A WIRELESS FACILITY MOVING JUST NEARBY, THE PLANNING STAFF MEMBER HERE, PROJECT PLANNER INSPECTOR IS AVAILABLE FOR QUESTIONS BUT HAS NOT PREPARED A PRESENTATION.
>> CHAIR LIU: COMMISSIONER RAMAMURTHI.
>> YOU MOVED IT IN THE SAME MOTION, IT IS NOT GOING TO AFFECT THE RESIDENTS OR NEIGHBORHOOD OR ANYTHING LIKE THAT?
>> SO THE LOCATION IS CURRENTLY ON EXISTING PG&E LATTICE TOWER, SO THEY WILL BE REMOVING THE ANTENNAS FROM ONE TOWER AND INSTALLING THEM ON AN ADJACENT TOWER THAT IS APPROXIMATELY 50 FEET TO THE SOUTH OF THAT TOWER.
SO THERE WILL BE NEW CONSTRUCTION FOR SUPPORT STRUCTURE, ON AN EXISTING TOWER.
THERE IS AN EXISTING EQUIPMENT ENCLOSURE ON THE GROUND THEY WILL BE UTILIZING, SO THERE WILL BE NO CHANGES PROPOSED TO THAT. 
THE ONLY ITEMS ON THE GROUND THAT WILL BE CHANGED, THEY WILL BE REMOVING THE CABLING THAT CURRENTLY GOES TO THE EXISTING SITE AND INSTALLING NEW CABLING TO THE ADJACENT SITE.
>> CHAIR LIU: THANK YOU.
COMMISSIONER YEE?
>> IS THAT TOWER STILL GOING TO STAY IN PLACE, OR WILL THEY REMOVE THAT, AS WELL? 
>> AS FAR AS I KNOW, THAT TOWER WILL REMAIN.
ALL THE WIRELESS EQUIPMENT FACILITY WILL BE REMOVED.
>> COMMISSIONER YEE: THANK YOU.
>> CHAIR LIU: SO SEEING NO MORE QUESTIONS FROM THE COMMISSIONERS, LET'S OPEN THE PUBLIC HEARING BY INVITING THE APPLICANT TO COME TO SPEAK.
LET'S DO 10 MINUTES.
>> MY NAME IS JASON OSBOURNE, REPRESENTING AT&T. 
THANK YOU FOR HEARING THIS ITEM, AND I WOULD LIKE TO THANK MR. SHAFSKY AND MR. PULLEN FOR THEIR ATTENTION TO THIS.
THE EXISTING TOWER THE FACILITY IS LOCATED ON WILL EVENTUALLY BE REMOVED BY PG&E.
WHAT PG&E HAS IS A 230 KV TRANSMISSION LINE THAT RUNS WITHIN THE PUBLIC RIGHT OF WAY OWNED BY THE CITY OF FREMONT.
WE RECEIVED NOTICE ROUGHLY NOVEMBER OF 2022 THAT THEY INDEED WILL BE DOING SOMETHING WITH THE TOWER.
I MEAN, IT'S NOT OUR TOWER SO WE'RE NOT EXACTLY SURE.
AS YOU CAN IMAGINE, SAILOR FACILITIES ARE A SECONDARY BUSINESS, IF YOU WILL, TO PG&E.
OBVIOUSLY THEIR FIRST CONCERN IS OBVIOUSLY TRANSMISSION OF POWER.
SO THEY ADVISED US LIKE I MENTIONED IN NOVEMBER THAT THEY  THAT WE NEEDED TO RELOCATE OUR FACILITY AND THEY OFFER THE ADJACENT 60 DB, WHICH IS A SMALLER TOWER, THERE IS OUR PROPORTION WE COULD RELOCATE OUR EQUIPMENT ON IN ORDER TO MAINTAIN THE EXISTENT AT&T COVERAGE.
I DON'T KNOW EXACTLY WHAT IS GOING TO HAND WITH THE TOWER, THAT IS NOT SOMETHING THAT OBVIOUSLY THEY'RE MANAGED BY THE CPUC BUT I DO WANT TO NEXT DOB GOING AWAY.
I'M NOT SURE BUT WE WERE ADVISED WE NEED TO REMOVE OUR EQUIPMENT.
AND THE PROPOSAL FOR YOU, AS SPENCER MENTIONED, WE WILL ESSENTIALLY BE HARVESTING OUR EQUIPMENT, WHAT WE CALL THE TOWER EQUIPMENT, ATTEND IN AS AND COAX AND RELOCATING THEM TO THE SOUTH TOWER ROUGHLY 50 FEET AWAY.
THE GROUND EQUIPMENT WHICH IS AND LEASE CONTRACT WITH THE CITY OF FREMONT WILL REMAIN.
WE'RE BASICALLY REDIRECTING THE COAXIAL CAPABLE TO THE NEW TOWER.
AND AGAIN, THANKS TO STAFF FOR JUMPING ALL OVER THIS.
I REVIEW THE CONDITION, AGREE WITH ALL OF THEM.
IF ANYONE HAS ANY QUESTIONS, I WILL BE AVAILABLE.
THANK YOU.
>> OKAY.
SO DO WE HAVE ANY QUESTIONS FROM THE COMMISSIONERS FOR THE APPLICANT?
>> NO.
>> SO THE NEXT IS PUBLIC COMMENTS DO WE HAVE ANY PUBLIC SPEAKERS?
>> NO, CHAIRMAN LIU, WE HAVE NONE.
>> CHAIR LIU: OKAY SO LET'S CLOSE THE PUBLIC HEARING.
LET'S MOVE TO THE COMMISSIONERS WANTING TO ASK ANY QUESTIONS TO THE STAFF.
SEEING NONE, ANYONE WOULD LIKE TO MAKE A MOTION?
>> I MAKE A MOTION TO ACCEPT STAFF RECOMMENDATION.
>> ANY SECONDS?
>> SECOND.
>> THANK YOU, CHAIR.
ON A MOTION BY COMMISSIONER YEE, SECONDED BY VICE CHAIR TO APPROVE THE AMENDMENT FOR THE WIRELESS FACILITY.
PLEASE VOTE.
AND THAT VOTE IS UNANIMOUS OF THOSE PRESENT WITH TWO ABSENCES.
THE MOTION PASSES AND THE ACTION ON THE PLANNING COMMISSION FINAL UNLESS APPEALED TO THE CITY COUNCIL WITHIN 10 CALENDAR DAYS.
BACK TO YOU, CHAIR.
>> CHAIR LIU: LET'S MOVE ON TO ITEM NUMBER 5.
SECRETARY PULLEN.
>> THANK YOU, CHAIR.
LET ME FIND MY PLACE HERE.
THE LAST ITEM ON OUR AGENDA DON'T IS THE 2023 ACCESSORY DWELLING UNIT ZONING TEXT AMENDMENT THIS IS A CITY WIDE ITEM AND THE ACTION IS TO REPEAL RAIN PLACE FREMONT MY NITS BELL CODE ACTION 18.190 ABOUT 005 WHICH IS THE CURRENT ACCESSORY DWELLING ORDINANCE TO COMPLY WITH NEW STATE LAW AND CARRY OUT PROGRAM IMPLEMENTATION OF THE CITY'S 20232031 HOUSING ELEMENT AND AMEND OTHER SECTIONS OF THE FREMONT MY NITS BELL CODE INCLUDING BUT NOT LIMITED TO THE DEFINITIONS OF JUNIOR ACCESSORY DWELLING UNIT AND VARIOUS OTHER SECTIONS OF THE CODE AS NOTED IN THE ITEM DESCRIPTION.
THE PROJECT IS ALSO EXEMPT FROM CEQA UNDER 15061 AND UNDER THE GENERAL FUND CONSISTENCY FINDING WITH THAT OUR PROJECT PLANNER FOR THIS PROJECT IS PATEL, HERE TO DO THE STAFF PRESENTATION.
>> GOOD EVENING, PLANNING COMMISSIONERS.
I'M ASSOCIATE PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT.
TONIGHT, THE PLANNING COMMISSION WILL CONSIDER TEXT AMENDMENTS TO THE FREMONT MUNICIPAL CODE, OR FMC.
BE PRIMARILY THE PROPOSED AMENDMENTS INVOLVE REPEALING AND REPLACING THE CITY'S CURRENT ADU ORDINANCE IN CONJUNCTION THE STAFF IS ALSO PROPOSING MINOR AMENDMENTS TO VARIOUS SECTIONS OF THE FMC FOR INTERNAL CONSISTENCY.
THE AMENDMENTS ARE PROPOSED FOR TWO REASONS.
THE FIRST IS TO IMPLEMENT THE CITY'S HOUSING ELEMENT AND THE SECOND IS TO IMPLEMENT CHANGES IN STATE LAW.
SO LET ME EXPAND ON THESE REASONS.
IN MARCH OF THIS YEAR, THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, OR HDC, APPROVED THE CITY'S SIX CYCLE HOUSING DEVELOPMENT WHICH COVERS THE EIGHTYEAR PLANNING PERIOD FROM 20232031.
AS OUTLINED IN THE HOUSING LENT, A KEY COMPONENT OF THE CITY STRATEGY FOR MEETING ITS FUTURE HOUSING NEEDS IS TO ENCOURAGE THE PRODUCTION OF ADUS.
SPECIFICALLY, IMPLEMENTATION PROGRAM 31 OF THE HOUSING ELEMENT CALLS FOR AMENDING THE CITY'S EXISTING ADU ORDINANCE TO ELIMINATE UNNECESSARY DEVELOPMENT STANDARDS AND MAKE OTHER AMENDMENTS THAT WOULD FACILITATE THE PRODUCTION OF ADUS.
THE PROPOSED AMENDMENTS ARE DRAFTED WITH THOSE MARCHING ORDERS IN MIND.
SIMILARLY, THE STATE LEGISLATURE HAS ALSO MADE ITS INTENT CLEAR WHICH IS TO ADDRESS BARRIERS, STREAMLINE APPROVAL AND EXPAND POTENTIAL CAPACITY FOR ADUS.
IN OTHER WORDS, CALIFORNIA REGULATORS CADUS, AS POSSIBLE ANSWER TO THE STATE'S HOUSING CRISIS AND THE LAWS THAT HAVE RECENTLY COME BEFORE US ARE BEFORE US AND MAY BE BEFORE US ARE PREDICATED ON THAT NARRATIVE.
RECOGNIZING THE NEED TO ADDRESS CALIFORNIA'S HOUSING NEEDS, STATE ADU LAW HAS EVOLVED OVER THE YEARS TO LIFT REGULATIONS THAT MAY OTHERWISE LIMIT ADU SIZE, LOCATION, ZONE OR OTHER DEVELOPMENT CAPACITIES.
AS REGULATIONS HAVE EASED AND FLEXIBLE HAS INCREASED THE PRODUCTION OF ADUS HAS ALSO INCREASED.
THIS POSITIVE CORRELATION IS TRUE AT THE STATE AND LOCAL LEVEL.
AS YOU MAY RECALL FEDERAL RESERVE THE ANNUAL PROGRESS REPORT, 149 ADUS WERE PERMITTED IN 2022.
NEARLY TWICE AS MANY ADUS AS THE PREVIOUS YEAR AND ABOUT FIVE TIMES AS MANY FROM 2018.
TONIGHT'S CONSIDERATION IS NOT NEW IN THAT THE CITY HAS AMENDED ITS ADU REGULATIONS MULTIPLE TIMES OVER THE YEARS IN RESPONSE TO CHANGES IN STATE ADU LAW.
THE LAST SET OF CODE AMENDMENTS WERE CONSIDERED BY THIS BODY A LITTLE OVER TWO YEARS AGO AND ULTIMATELY ADOPTED BY THE CITY COUNCIL IN 2021.
THOSE 2021 AMENDMENTS CLARIFIED LOT COVERAGE, REAR AND SIDEYARD ENCROACHMENT AND FIRST TO SECOND STORY RATIO REQUIREMENTS FOR ADUS WITH RESPECT TO TONIGHT'S ITEM, THE PROPOSED AMENDMENTS ARE INFORMED BY THREE DIFFERENT EXERCISES.
THE FIRST BEING A CLOSE STUDY OF NEW CHANGES IN DATE LAW.
THE SECOND BEING A REVIEW OF ACD LETTERS TO CITIES ADOPTED AN ADU ORDINANCE, AND THE THIRD BEING REFERENCING ACDS HANDBOOK FOR ADDITIONAL GUIDANCE AND INSIGHT.
STAFF HAS THE RELIED ON THIS MULTI PRONGED APPROACH TO UNDERSTAND THE GOVERNMENT CODE TO PRODUCE AN ORDINANCE THAT IS IN COMPLIANCE STATE LAW AS WELL AS SIMPLER AND CLEARER FOR THE USER.
BEFORE I HIGHLIGHT THE AMENDMENTS AND KEY REGULATIONS, I WANT TO GO OVER THE ADU TYPOLOGY FOR THE BENEFIT OF THOSE WHO MAY BE NEW TO THE COMMISSION, AS WELL AS MEMBERS OF THE PUBLIC MORE ABOUT LESS FAMILIAR WITH ADUS.
THE FIRST TIME IS AN INTERNAL ADU.
THIS IS AN ADU CONVERTED FROM AN EXISTING FLOOR AREA AND DOES NOT INVOLVE ANY NEW SQUARE FOOTAGE.
THE CONVERSION OF THE SQUARE FOOTAGE CAN TAKE PLACE IN THE PRIMARY DWELLING OR ATTACHED ADU.
THE SECOND TIME IS RECITED FROM NEW SQUARE FOOTAGE AND IS PHYSICALLY ATTACHED TO THE PRIMARY DWELLING.
AND THE THIRD TYPE IS A DETACHED ADU.
THIS IS AN ADU THAT IS ALSO CREATED FROM NEW SQUARE FOOTAGE AND IS PHYSICALLY DETACHED FROM THE PRIMARY DWELLING.
I WANT FINE OUT THAT UNLIKE THE OPTIONS AVAILABLE FOR ADUS, JADUS, OR JUNE ADUS, MUST BE WITHIN THE WALLS OF A SINGLE FAMILY RESIDENCE, AND THIS INCLUDES AN ATTACHED GARAGE.
UNDERSTANDING THESE TYPOLOGIES IS IMPORTANT BECAUSE THE RULES VARY FOR THE DIFFERENT ADU TYPES.
ON THAT NOTE, I WANT TO TURN OUR ATTENTION TO THE NEW STATE LAWS.
SINCE THE 2021 ADU ORDINANCE UPDATE, A COUPLE OF NEW BILLS WENT IN EFFECT, THE MAIN ONES BEING ASSEMBLY BILL 2221 AND SENATE BILL 897.
THE BILLS IMPOSE ADDITIONAL PROCESSING REQUIREMENTS UPON JURISDICTIONS AND ARE INTENDED TO CLARIFY AMBIGUITY IN EXISTING REGULATIONS.
THE MOST SIGNIFICANT PROVISIONS OF THESE TWO BILLS MAKE CHANGES IN THE DEVELOPMENT STANDARDS APPLICABLE TO ADUS BY REQUIRING CITIES TO ALLOW ADUS TO BE TALLER AND BE LOCATED CLOSER TO THE FRONT PROPERTY LINE.
THIS SLIDE NOTES ALL OF THE FMC SECTION AFFECTED BY THE PROPOSED AMENDMENTS.
AS PART OF THIS LIST, AMENDMENTS HAVE BEEN CATEGORIZED INTO THREE GROUPS AS FOLLOWS:
THE FIRST IS JUST A CLARIFICATION OR CORRECTION TO PARTS OF THE FMC THAT MAKE REFERENCE TO ADUS OR JADUS.
THE SECOND IS MINOR CHANGE TO REFLECT THE PROPOSED ADU ORDINANCE.
AND THE THIRD IS A MAJOR CHANGE WHICH INVOLVES SUBSTANTIAL UPDATES AND RESTRUCTURING.
AS YOU'LL NOTE, THE ONLY MAJOR CHANGE IS TO THE EXISTING ADU ORDINANCE BECAUSE STAFF IS RECOMMENDING THAT IT BE REPEALED AND REPLACED.
THIS NEXT SLIDE SHOWS THE KEY STANDARDS AS THEY PERTAIN TO ADUS AND JADUS.
STARTING WITH LOCATION, UNLIKE ADUS, JADUS ARE ONLY ALLOWED ON LOTS ZONED FOR SINGLE FAMILY RESIDENTIAL.
ADU SIZE CAN VARY DEPENDING ON WHETHER THE ADU IS A CONVERSION OF EXISTING SPACE, ATTACHED TO A PRIMARY DWELLING OR A DETACHED STRUCTURE.
WHEREAS JADUS ARE LIMITED TO A MAXIMUM SIZE OF 500 SQUARE FEET.
AD US ARE SUBJECT TO A FOURFOOT SIDE AND REAR YARD SET BACK.
AS MENTIONED EARLIER, UNDER NEW STATE LAW, CERTAIN ADUS COULD BE PLACED IN THE FRONT YARD.
LIKE THE SIZE, ADU HEIGHT CAN ALSO VARY ANY WHERE FROM 16 TO 30 FEET.
THE HEIGHT ALLOWANCE WILL DEPEND ON THE FINE OF ADU AND PROXIMITY TO MAJOR TRANSIT AS DEFINED BY THE PUBLIC RESORTS CODE.
ADUS ARE NOT REQUIRED TO PROVIDE PARKING.
LASTLY, AD US DO NOT REQUIRE OWNER OCCUPANCY OR DEED RESTRICTION.
HOWEVER, UNDER STATE LAW, JADUS DO REQUIRE OWNER OCCUPANCY AND ARE ALSO REQUIRED TO PROVIDE A DEED RESTRICTION TO THE CITY PROHIBITING A SEPARATE SALE FROM THE PRIMARY RESIDENCE.
IN ADDITION TO THE NOON NOTICE REQUIRED FOR THIS ITEM, STAFF HELD AN INPERSON COMMUNITY MEETING IN EARLY APRIL.
IN THE MEETING STAFFER TALKED ABOUT NEW STATE LAWS AND INFORMED THE PUBLIC THAT THE CITY'S RECENTLY ADOPTED ELEMENT CALLS FOR UPDATES TO THE ADU ORDINANCE TO INCREASE OPPORTUNITIES TO SUPPORT THE DEVELOPMENT OF SUCH AFFORDABLE HOUSING OPTIONS.
THE COMMUNITY MEETING WAS ATTENDED BY APPROXIMATELY 35 PEOPLE.
IN ADDITION, ANNOUNCEMENT OF CHANGES TO THE CITY'S ADU ORDINANCE WERE PUT OUT THROUGH THE CITY'S SOCIAL MEDIA CHANNELS OVER THE PAST COUPLE MONTHS.
THAT BEING SAID, STAFF RECOMMENDS THE PLANNING COMMISSION MAKE A RECOMMENDATION TO THE CITY COUNCIL TO FIND THE PROPOSED AMENDMENTS ARE EXEMPT FROM CEQA, CONSISTENT WITH THE GENERAL PLAN, FIND THE PROPOSED AMENDMENTS FURTHER THE PUBLIC INTEREST AND WELFARE, AS WELL AS INTRODUCING AN ORDINANCE APPROVING THE AMENDMENTS TO FMC TITLES 9 AND 18.
SHOULD THE PLANNING COMMISSION SEN STAFF'S RECOMMENDATION AND SHOULD THE CITY COUNCIL ADOPT THE PROPOSED ORDINANCE, THE CITY WILL NEED TO SUBMIT A COPY OF THE ADU ORDINANCE TO HCD WITHIN 60 DAYS AFTER ADOPTION.
NOW BECAUSE ADU LAWS ARE HIGHLY COMPLEX AND NUANCED, STAFF REACHED OUT ON THE CITY'S DRAFT ADU ORDINANCE AND EARLIER THIS WEEK THEY DID REACH OUT TO STAFF ON SELECT ASPECTS OF THE PROPOSED AMENDMENTS AND DONE FIRMED STAFF'S UNDERSTANDING IN THOSE RESPECTIVE AREAS.
WHILE HCD'S OFFICIAL REVIEW WON'T HAPPEN UNTIL THE CITY HAS AN ADOPTED ORDINANCE, STAFF HAS THE MADE A GOODNIGHT EFFORT TO PREPARE AN ORDINANCE THAT IS IN COMPLETE COMPLIANCE STATE ADU LAW AND BELIEVES IT IS WELL POSITIONED TO RECEIVE HCD'S BLESSING IN CLOSING I WANT TO SHARE THERE ARE ADDITIONAL ADU BILLS CURRENTLY UNDER CONSIDERATION WITH THE STATE LEGISLATURE.
IF THESE BILLS COME TO PASS, THE CITY WILL NEED TO UPDATE ITS ORDINANCE TO COMPLY WITH THE CHANGES IN THE NOT TOO DISTANT FUTURE.
ACCORDINGLY, THEY WILL PREPARE FOR CITY COUNCIL AT THAT TIME.
THAT CONCLUDES MY PRESENTATION.
I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
>> CHAIR, BEFORE WE GO TO ANY QUESTIONS, I WANT TO NOTE TWO THINGS.
ONE IS THE PRESENCE OF THE NOTES AND CORRECTIONS YOU RECEIVED AND THAT IS THERE WAS VERY MINOR FORMATTING EDIT WHERE THE SECTION NUMBERS FOR REFERENCE GOT CUT OFF THE LEFT.
THOUGH ALL THE TEXT IS CORRECT.
AND THE SECOND THING I WANT TO NOTE IS THIS PROJECT WAS OVER SEEN BY OUR ASSISTANT PLANNING MANAGER AND ZONING ADMINISTRATOR CLIFF NGUYEN, WHO IS ALSO HERE TO ASSIST AS NECESSARY, THOUGH YOU'RE IN VERY CAPABLE HAND WITH THE THIS TEAM.
>> GOOD EVENING CHAIR.
MEMBERS OF THE PLANNING COMMISSION.
I'M CLIFFORD NGUYEN, THE ASSISTANT PLANNING COMMISSIONER.
GOOD PRESENTATION.
HE DID HIGHLIGHT THE POINTS AND REASONS WHY WE HAVE TO AMEND OUR ADU ORDINANCE.
THIS IS TO ALIGN WITH CURRENT STATE LAWS, AS WELL AS TO IMPLEMENT PROGRAM 31.
THIS IS OUR HOUSING ELEMENT THAT I THINK IS A FEW MONTHS AGO THE COMMISSION RECOMMENDED, APPROVED BY COUNCIL AND CERTIFIED BY THE HOUSE AND COMMUNITY DEVELOPMENT, THE STATE LEVEL.
WE ARE EXCITING TO MOVE FORWARD WITH YOUR RECOMMENDATION TO COUNCIL ON AN ORDINANCE WE BELIEVE SHOULD BE MUCH USER FRIENDLY FOR OUR RESIDENTS, AND WE THINK BELIEVE IT ALIGNS WITH STATE LAW AND ALSO THE GOALS AND POLICIES THAT HAVE BEEN ADOPTED BY THE CITY.
SO THANK YOU AND WE'RE AVAILABLE FOR QUESTIONS.
>> CHAIR LIU: COMMISSIONER RAMAMURTHI.
>> THANK YOU FOR THE NICE PRESENTATION.
GOOD JOB.
THIS QUESTION IS LIKE I'M TRYING TO UNDERSTAND BECAUSE THIS IS NEW TO ME.
I SUPPORT THE ADUS BECAUSE THIS IS AN IMPORTANT COMPLEMENT TO THIS HOUSING CRISIS.
BUT MY CONCERN IS ONE OF THE POINT IT SAYS IT CANNOT REQUIREMENT TO INSTALL FIRE SPRINKLERS IN EXISTING MULTI FAMILY DWELLING SO DOES THAT MEAN ALREADY EXISTING HOMES DO NOT HAVE FIRE ALARMS, AND THAT'S ONE PART OF THE QUESTION, FIRST PART.
THE SECOND PART IS THIS ADDITIONAL DWELLING, WILL THEY HAVE FIRE ALARMS?
BECAUSE SAFETY IS IMPORTANT.
WE CANNOT FOREGO SAFETY JUST BECAUSE WE WANT TO INCREASE MORE, YOU KNOW, DWELLINGS.
THAT'S MY ONLY CONCERN WITH THAT.
>> SURE SO FIRE SPRINKLER REQUIREMENT, JUST WANT TO CONFIRM, YOU'RE NOT TALKING ABOUT SMOKE DETECTORS SO THAT IS A DIFFERENT THING.
THE FIRE SPRINKLER REQUIREMENT WAS A RECENT REQUIREMENT THROUGH THE CALIFORNIA BUILDING CODE.
IT IS VERY EXPENSIVE TO INSTALL THAT SYSTEM, AND IF THE GOAL IS TO INCREASE PRODUCTION OF ADUS, STATE LAW HAS MANDATED THAT IF THE EXISTING PRIMARY DWELLING DOES NOT HAVE FIRE SPRINKLERS, ALBEIT YOU ARE CONSTRUCTING A NEW ADU IN THAT SCENARIO, YOU ARE NOT REQUIRED TO HAVE  THE CITY CANNOT REQUIRE THAT ADU TO HAVE FIRE SPRINKLERS. 
IF THERE IS NOTHING ON A PLOT OF LAND AND IT IS ALL NEW CONSTRUCTION IN THAT SCENARIO THAT EXEMPTION WOULD NOT ALLY.
>> THIS IS THE STATE TRYING TO MAKE PRODUCTION OF ADUS MORE FLEXIBLE, REMOVING THOSE BARRIERS.
THEY WENT AS FAR AS SEPARATE UTILITIES.
SEPARATE METERS ARE NOT REQUIRED.
THIS IS RECOGNIZING THE 34 MILLION UNIT SHORTAGE WE HAVE IN CALIFORNIA.
WE HAVE A CRISIS, AS PART OF THE HOUSING ACCOUNTABILITY ACT, ADUS NATURALLY BY DESIGN ARE THOUGHT OF AS A FORM OF AFFORDABLE HOUSING AND IT'S MUCH EASIER TO BUILD AND IT'S COST EFFECTIVE.
>> YOU GOT IT CORRECTLY, THE VERY FIRST SENTENCE.
BECAUSE WHEN I ASKED YOU THIS QUESTION IN MY MIND, I WAS THINKING IT WAS SMOKE DETECTORS SO YOU CLARIFIED IT RIGHT AWAY.
I DIDN'T MEAN THE SPRINKLERS.
IN MY MIND I WAS THINKING SMOKE DETECTORS, SO THANK YOU.
>> CHAIR LIU: COMMISSIONER YEE.
>> COMMISSIONER YEE: REGARDING THE CHANGES TO THE ADU GUIDELINES AND SUCH, TO STREAMLINE IT WILL WE ALSO BE CHANGING OUR HANDBOOK TO REFLECT THAT, AS WELL, TO MAKE IT EASIER FOR THE RESIDENTS TO DO THINGS STEP BY STEP.
YOU GUYS KNOW I HAVE AN ADU AND I DIDN'T HAVE A HAND BOOK, I HAD TO LEARN AS I WENT.
>> YES.
THERE WILL BE A HANDBOOK ADOPTING THE ORDINANCE.
THERE'S ACTUALLY AN INTERNAL DRAFT AND WE HOPE TO HAVE A MORE PUBLIC DRAFT FOR THE CITY COUNCIL MEETING AS WE WANTED TO SEE WHAT THE OUTCOME OF THIS MEETING WERE BEFORE WE CONTINUED TO BUTTON THAT UP.
>> COMMISSIONER YEE: SO DEPENDING HOW THIS GOES, YOU'RE ANTICIPATING ANY CHANGES MADE, THE HANDBOOK WILL FOLLOW SUIT.
>> YES, A DRAFT OF IT.
>> COMMISSIONER YEE: GREAT, THANK YOU.
>> I HAVE A QUESTION.
ONE OF YOUR SLIDES YOU ALSO MENTIONED THAT THE ADUS CAN BE ADDED AT THE FRONT OF THE HOUSE.
IS THAT CORRECT?
>> YES.
UNDER STATE LAW, THIS IS ONE OF THE CHANGES WHERE STATE LAW HAS EVOLVED IN THE LAST COUPLE OF YEARS WHAT'S CALLED A STATEWIDE EXEMPT ADU.
WHAT THE STATE SAYS IS YOU CANNOT PRECLUDE OR IMPOSE ANY LOCAL FRONT YARD SET BACKS THAT WOULD EFFECTIVELY PROPOSE EXHIBIT THE CONSTRUCTION OF AT LEAST AN 800 SQUARE FOOT ADU.
>> SO, SINCE ADUS IN THE BACKYARD HAVE MUCH SMALLER SET BACK REQUIREMENTS COMPARED TO YOUR MAIN HOUSE, REMODELING EXPANSION, AND WILL THE SET BACK REQUIREMENTS BE A LOT MORE RELAXED FOR THE FRONT ADUS?
>> YEAH, THIS SCENARIO IS TRYING TO CAPTURE IF YOU HAVE A VERY SMALL YEAR YARD OR ONE THAT CANNOT ACCOMMODATE AT LEAST ONE ADU, AND THE ONLY AREA IS, SAY, AT THE FRONT OF YOUR LOT, THE CITY WOULD NOT BE ABLE TO PROHIBIT IT FROM BEING IN THAT FRONT YARD.
>> CAN YOU LET PLEA KNOW THE SPECIFIC EXAMPLES AS TO WHAT IS THE SET BACK TO THE FRONT WALKWAY?
THEORETICALLY.
>> JUST IN GENERAL WHAT IS OUR UNDERLYING 
>> CHAIR LIU: FOR THE MAIN HOUSE REGULARLY WITHOUT THE ADU AND ALSO IF YOU WANT TO ADD AN ADU AT THE FRONT, WHAT IS THE SET BACK?
>> SURE SO OUR MOST COMMON LOT FINE IS OUR 16 WHICH HAS A FRONT YARD SET BACK OF 20 FEET SO THAT WOULD BE THE STANDARD SET BACK FOR THE PRIMARY DWELLING.
IF THERE IS A SCENARIO WHERE AN ADU THAT IS LESS THAN 800 SQUARE FEET IS BEING PROPOSED IN THE FRONT YARD, WE REALLY HAVE  IT COULD BE AS LITTLE AS ZERO SETBACK.
>> ALL THE WAY TO THE FRONT WALKWAY?
>> ALL THE WAY TO THE FRONT.
>> SO CHAIR, THE WAY THE STATUTE IS WRITTEN, IT RECOGNIZED THERE ARE CERTAIN ADUS THEY ARE SAYING IS EXEMPT.
AN ADU AND JUNIOR ADU CAN BE BUILT IN AN EXISTING HOME OR IN THE WALLS OF A PROPOSED HOME.
IT GOES FURTHER TO SAY LET'S A DETACHED ADU, THIS IS THE EXEMPT ONE, CAN BE UP TO 800 AREA FEET IN SIZE.
THE ONLY SETBACK THAT HAS TO BE OBSERVED IS THE SIDE YARD SETBACK, WHICH THE LAW HAS STATED IS FOUR FEET.
SO, IF THERE IS A SCENARIO, AND WE HAVEN'T SEEN ONE YET, WHERE AN OWNER DOES WANT TO PROPOSE AN ADU IN THEIR FRONT YARD, UNDER STATE LAW WE HAVE TO ALLOW IT.
>> CHAIR LIU: WOW, THAT'S PRETTY AMAZING.
ABILITY SECOND QUESTION THAT I HAVE IS, OF YOUR SLIDES WE ALSO SAID THE MAXIMUM HEIGHT CAN BE FROM 16 TO 30 FEET, RIGHT?
>> SURE.
>> CHAIR LIU: WOULD THE 30 FEET, I GUESS NATURALLY IT WOULD PROBABLY IMPLY IT WOULD ALLOW A 2STORY ADU WHICH THE PLANNING COMMISSION ACTUALLY VOTED TO DISALLOW TWO STORY ADUS.
SO BY APPROVING THE STAFF RECOMMENDATION TODAY, DOES IT MEAN THAT WE ARE GOING TO START TO ALLOW TWOSTORY ADUS IN FREMONT?
>> UNDER STATE LAW, THE CITY HAS NO CHOICE SOME SENATE BILL 897 IS THE ONE THAT AFFECTED THE HEIGHTS.
FOR THE MOST PART WHAT WE WILL SEE IN FREMONT, FOR DETACHED ADUS, IS A 16FOOT HEIGHT.
THE 16FOOT HEIGHT LIMIT WILL STILL APPLY.
WHERE IT STARTS TO INCREASE A LITTLE BIT IS IF YOU'RE CLOSE TO A MAJOR TRANSIT STOP AT DEFINED IN THE PUBLIC RESORTS CODE, SO THAT'S MAJOR RAIL LINE LIKE BART WHICH NOT TOO MANY PROPERTIES IN FREMONT OUT OF THOSE FIVE AREAS ARE GOING TO BE.
THE 30 FEET IS BEING PROPOSED BECAUSE, YES, UNDER TATE LAW THAT SENATE BILL 897 SAYS, IT FULLY INTENDS TO ALLOW SECOND STORY ADUS, OR TWOSTORY ADUS, SO WE HAVE TO BE CONSIST DON'T IN COMBINE STATE LAW.
OUR ORDINANCE NEEDS TO ACKNOWLEDGE THAT AND IMPLEMENT THE NEW STANDARD.
>> CHAIR LIU: OKAY.
>> OUR OBSERVATION, AND I THINK HE INDICATED, WE HAD 147 ADUS THAT WERE PERMITTED LAST YEAR.
I WOULD SAY THE VAST MAJORITY IN THE 90S ABOUT CHANGE WERE DETACHED ONESTORY ADUS.
IF IT IS DETACHED, IT HAS TO BE ONE STORY, 16 FEET IN HEIGHT.
THE REASON FOR THAT IS CONSTRUCTION COSTS.
AS YOU GO VERTICAL, IT IS.
MORE EXPENSIVE.
AND SO, AND I THINK WITH PROPERTY OWNERS AND CONSTRUCTION COSTS AND COSTS OF MATERIALS, THEY PROBABLY WOULD OPT FOR A DETACHED ADU, AND THAT'S THE VAST MAJORITY WE SEE.
CURRENTLY THE ORDINANCE DOES ALLOW UP TO 1,000 AREA FEET AND DETACHED, BUT THE MAJORITY WE ARE SEEING IS UNDER 700 SQUARE FEET AND THAT IS PROBABLY BECAUSE IT IS EXPENSIVE TO BUILD A BIGGER UNIT.
AND SO WE DON'T ANSWER VERY LARGE ADUS.
IT COULD HAPPEN, BUT THIS IS AN OPPORTUNITY TO MAKE IT HAPPEN, IF THEY CAN MEET OUR REQUIREMENTS FOR THE LARGER UNIT, THE LARGER ADU.
>> ONE LAST THING, I DON'T KNOW IF I MENTIONED THIS OR CLARIFY, THE 30FOOT HEIGHT LIMIT IF PROPOSED WOULD ONLY, GOING BACK TO THE ADU TYPOLOGY, THIS IS ONLY FOR ATTACHED ADUS, NOT DETACHED.
>> I DO WANT TO MAKE VERY CLEAR, WHEN YOU REFERRED TO THE PREVIOUS INDICATE WHICH WE DENIED A TWO STORY ADU AND THAT WAS AN APPEAL YOU SAW, WE DIDN'T ERR AT THAT POINT.
OUR ORDINANCE WAS CONSISTENT WITH STATE LAW.
IT WAS THE CORRECT INTERPRETATION BUT IT IS AN ILLUSTRATION OF WHAT CLIFF WAS SAYING, THE LAW KEEPS CHANGING ON THIS MATTER AND I WOULDN'T BE SURPRISED IN A YEAR OR TWO FROM NOW THINGS ARE SETTLED THAT WILL SHIFT STATEWIDE AGAIN.
>> SO ONE MORE QUESTION.
SO WHEN YOU ARE IN A HOA SITUATION, IF YOU WANT TO BUILD A ADU AND THE HOA DOES NOT ALLOW IT, DOES THIS PROPOSAL, THIS CHANGE, MEAN THAT, YOU KNOW, THE STATE LAW SUPERSEDES ANY HOA OBJECTIONS?
>> THAT BILL WAS PASSED A COUPLE CYCLES AGO, IN THE 2021 OR 2020 LEGISLATIVE CYCLE.
THE CITY WILL PROCESS ADUS UNDER STATE LAW AS WE'RE REQUIRED TO, SO INDEPENDENT OF ANY HOA REQUIREMENTS, WE DO HAVE OUR CITY ATTORNEY WHO CAN CHIME IN A BIT MORE.
HOAS MAY BE ABLE TO REGULATE ADUS, BUT MY UNDERSTANDING IS AN OUTRIGHT PROHIBITION WOULD NOT BE CONSISTENT WITH STATE LAW.
>> OKAY.
SO SINCE THE CHANGE OF THE ADU ADOPTION IS MEANT TO INCREASE AFFORDABLE HOUSING PRODUCTION, ARE YOU SEEING COMPARED TO THE SB 9 ROUTE TO INCREASE AFFORDABLE HOUSING, WHICH ONE IS MORE  WHICH ROUTE IS PRODUCING MORE HOUSING, THE ADU ROUTE OR SB 9 ROUTE IN COMPARISON?
>> SO SB 9 IS STILL FAIRLY NEW.
THAT LAW WENT INTO EFFECT LAST YEAR.
THE CITY HAS ABOUT A DOZEN APPLICATIONS.
THE VAST MAJORITY, IF NOT NEARLY ALL OF THEM, ARE STILL FOR AN URBAN LOT SPLIT.
WE HAVE YET TO SEE AN APPLICATION FOR A TWOUNIT DEVELOPMENT UNDER THAT PORTION OF THE GOVERNMENT CODE.
SO WE SEE A LOT MORE ADUS BECAUSE ONE, YOU KNOW, GOING BACK TO SEVEN YEARS, 2016 IS REALLY WHEN THE LAWS REALLY STARTED TO CHANGE AND THE REGULATIONS STARTED TO BE LIFTED.
SO PEOPLE ARE MORE FAMILIAR WITH ADUS.
SB 9 IS, WE HEAR A LOT OF IT, BUT THERE ARE STILL SOME AMBIGUITIES REGARDING THAT AND WHAT THAT MEANS.
THE SHORT ANSWER IS, ADUS ARE CHEAPER BECAUSE IT'S NOT A NEW, BRAND NEW PRIMARY DWELLING.
THE CITY DOES NOT CORRECT IMPACT FEES FOR ADUS.
SB UNITS WOULD BE SUBJECT TO THOSE.
I'M NOT SAYING THE CONSTRUCTION COST IS DIFFERENT BUT THERE ARE  THERE ARE MORE OPTIONS FOR ADUS WITH RESPECT TO MORE RELAXED STANDARDS.
THAT COULD INCENTIVIZE PRODUCTION.
>> CHAIR LIU: THANK YOU.
COMMISSIONER.
>> THANK YOU FOR THE NICE PRESENTATION.
A SIMILAR QUESTION, WHAT IF THE PRIMARY HOUSES, MULTIPLE FAMILY HOMES, WAS THE BACKYARD, IS IT ALLOWED TO BUILD AN ADU LIKE THERE?
>> IF THE PRODUCT WHERE THE ADU IS GOING IN IS FOR A MULTI FAMILY, UNDER STATE LAW IT IS ALLOWED UNTO TWO DETACHED ADU UNITS.
IF IT IS A CONVERSION OF EXISTING SPACE, THE MAXIMUM, THE MINIMUM IS AT LEAST ONE.
THE CITY WOULD HAVE TO ALLOW ONE OR UP TO 25% OF THE TOTAL UNITS.
SO IF YOU HAVE A HUNDRED UNIT APARTMENT FOR INSTANCE, THERE WAS ENOUGH SPACE, OF IN EXISTING SPACE, YOU'RE NOT CREATING NEW FLOOR AREA, YOU COULD PRODUCE UP TO 25 ADUS FROM THAT EXISTING SPACE.
THE MAXIMUM.
>> IF IT IS MULTI FAMILY, YOU'RE CREATING COMPETITION.
IT IS A MAXIMUM NUMBER OF ADUS CAN BE BUILT, RIGHT?
>> CORRECT, THE MAXIMUM IS UP TO 25% OF THE TOTAL ON SITE UNITS.
>> OKAY.
THANK YOU.
>> CHAIR LIU: COMMISSIONER YEE.
>> COMMISSIONER YEE: IT IS RELATED TO SB 8, SENATOR'S SENATE BILL, OR NOW LAW.
I WAS UNDER THE IMPRESSION, YOU SAW 30 FEET, I WAS UNDER THE IMPRESSION IT IS SUPPOSED TO BE 25 FOR ATTACHED.
>> THAT'S CORRECT.
IT IS 25 OR THE UNDERLYING ZONING DISTRICT, WHICH EVER IS LESS.
BUT TO SORT OF MATCH OUR ZONING WHICH ALLOWS SECOND HEIGHT STORY OF 30 FEET.
>> 30, AGREE.
>> FOR THAT REASON IS WHY WE BUMPED IT UP TO 30.
WE ALSO FELT THAT IS BEING MORE PERMISSIVE WHICH HELPS US DEMONSTRATE OUR COMMITMENT AS DOCUMENTED IN OUR HOUSING ELEMENT WHETHER THIS HAS TO GO TO HCD SO THAT'S THE REASON WE HAVE IT 30 AND NOT 25.
>> MOST HOMES ARE 30 FEET IN HEIGHT OR CLOSE TO SO IT IS REALLY NOT PRACTICAL IF THE CITY CHOSE TO REQUIRE PROPERTY OWNERS TO STEP IT DOWN TO 25.
>> WELL, YOU KNOW, EVEN THOUGH I HAVE A SINGLE STORY BUT IT IS 24 FEET HIGH, BECAUSE OF THE ADU HEIGHT LIMITATION FOR ME TO HAVE AN ATTACHED AT THE TIME WAS 16 FEET, I STILL HAD NO PROBLEM WITH THAT SO WHETHER IT IS 25 OR 30, YEAH, I UNDERSTAND THAT SO MANY OF THESE TWO STORY HOMES, SINGLE FAMILY HOMES ARE 30.
IF THEY EVEN HAD TO STEP IT DOWN 25, I DON'T THINK IT WOULD BE AN ISSUE.
AS LONG AS YOU HAVE A REALLY GOOD ARCHITECT AND DESIGNED IT TO FLOW LIKE MINE.
PEOPLE LOOK AT MY ADU, THEY DON'T EVEN THINK IT IS AN ADU, THEY THINK IT IS AN EXTENSION OF MY HOME.
>> GOING FURTHER, WHAT HE SAID WAS CORRECT, ON THESE LITTLE DISTINCTIONS IN LOCAL ZONING AND STATE LAW.
WHAT ENDS UP HAPPENING WITH YOU DO AN ORDINANCE LIKE THIS, ESPECIALLY WITH AN EXTREMELY COMPLEX BODY OF STATE LAW TO THE EXTENT YOU'RE TRYING TO APPLY LOCAL CODE DIFFERENTLY IN SITUATION IT IS MAKES IT COMPLEX FOR HOMEOWNERS TO TRY TO COME PLAY SO THE STRATEGIC CHOICES ATTEMPT TO MAKE A STREAMLINED PATH SO GOING THROUGH YOUR ADU, IT IS SIMPLE FOR PEOPLE UNDERSTAND AND ABIDE BY CITY AND STATE LAW. 
>> I CONCUR BECAUSE I WAS ONE OF THE FIRST ONES TO GO THROUGH THIS IN THE PANDEMIC.
THIS IS A LEARNING EXPERIENCE FOR ALL OF US.
IF WHAT YOU'RE SAYING IT MAKES IT EASIER FOR HOMEOWNERS TO THE BUILD AN ADU, I'M ALL FOR IT.
>> CHAIR LIU: COMMISSIONER RAMAMURTHI.
>> YEAH, THIS IS THE FIRST TIME GETTING WORD, IF SOMEONE CAN GIVE ME INFORMATION ON THAT, WHAT IT IS AND HOW IS IT DIFFERENT FROM THIS NEW PROPOSAL.
>> SO SB 9, I'M SORRY FOR REFERENCING THE SENATE BILLS.
THESE ARE NOW CODIFIED IN OUR GOVERNMENT CODE.
IT IS KNOWN AS THE HOME ACT.
AND SB 9, WHAT IT EFFECTIVELY DID WAS ELIMINATE SINGLE FAMILY ZONING.
SO YOU HEAR A LOT ABOUT ADUS, HOW THEY ARE AN ACCESSORY DWELLING UNIT TO A PRIMARY DWELLING UNIT.
UNDER SENATE BILL 9, ANY LOT THAT IS ZONED SINGLE FAMILY RESIDENTIAL IS NOW ELIGIBLE TO HAVE ANOTHER PRIMARY DWELLING UNIT ON THAT LOT, THAT IS IN ADDITION TO AN ADU OR JUNIOR ADU.
>> OKAY, THANK YOU.
>> CHAIR LIU: ALL RIGHT, THANK YOU.
ANY MORE QUESTIONS?
NO MORE QUESTIONS.
LET'S MOVE ON TO THE PUBLIC HEARING.
DO WE HAVE ANY PUBLIC SPEAKERS FOR THIS ITEM?
>> CHAIR LIU, I HAVE NO SPEAKER CARDS THAT WERE SUBMITTED.
>> CHAIR LIU: OKAY.
LET'S CLOSE THE PUBLIC HEARING.
LET'S SEE IF WE HAVE ANY MORE QUESTIONS FOR HALF.
IF NOT, THAT'S ALL THE QUESTIONS WE HAVE.
LET'S ENTERTAIN A MOTION.
ANYONE?
OKAY.
SO ANY SECONDS?
OKAY.
>> SO CHAIR, ON A MOTION BY COMMISSIONER RAMAMURTHI AND SECONDED BY COMMISSIONER RAO TO RECOMMEND STAFF RECOMMENDATION ON THE ACCESSORY DWELLING UNIT ORDINANCE AND THAT IS TO RECOMMEND APPROVAL TO CITY COUNCIL.
PLEASE VOTE.
>> COMMISSIONER RAO, I DON'T SEE YOUR VOTE.
THANK YOU.
>> SO, CHAIR, THE VOTE IS UNANIMOUS OF THOSE PRESENT TO RECOMMEND THIS PROJECT TO CITY COUNCIL.
BEFORE WE MOVE ON, I WANT TO NOTE THIS IS THE FIRST INSTALLATION OF SEVERAL THINGS THAT WILL BE COMING TO YOU THIS YEAR IMPLEMENTING THE HOUSING ELEMENT.
THIS IS A  IT MIGHT SEEM LIKE A SIZABLE PIECE AND IT IS A LOT OF WORK TO DO THESE.
THERE IS GOING TO BE, YOU KNOW, RESIDENTIAL ZONE UPDATES THAT ARE QUITE A BIT MORE INVOLVED IN THIS AND AS PART OF OUR HOUSING ELEMENT IMPLEMENTATION TEAM IS GOING TO BE BEFORE YOU AGAIN WITH HIS VERY WELL DONE PRESENTATIONS SHOWING YOU THOSE LATER.
>> CHAIR LIU: ALL RIGHT.
LET'S MOVE ON TO THE NEXT ONE.
DISCUSSION ITEMS.
ARE THERE ANY REFERRAL REQUESTS?
>> NO.
>> CHAIR LIU: OKAY.
>> CAN I HAVE JUST A SUGGESTION TO  WE MOVE TO CANCEL THE MEETING LAST TIME.
THERE WAS NO NOTICE OUTSIDE.
I DIDN'T SEE THE EMAIL SO I WAS HERE.
THAT'S FINE, NOT FOR US, I'M NOT CONCERNED ABOUT US BUT THE PUBLIC, THEY SHOULD KNOW IF THE MEETING GOT CANCELED, THEY SHOULD KNOW IT IS CANCELED OR POSTPONED.
>> WE DID PROVIDE NOTICE OF ADJOURNMENT AND POSTING IT MAY BE THAT WAS INADVERTENTLY IN A DIFFERENT LOCATION WHEN YOU LOOKED BUT I'LL DOUBLE CHECK WITH OUR ADMINISTRATIVE STAFF ON THAT PROCEDURE TO MAKE SURE IT IS BEING FOLLOWED.
>> YEAH.
I WAS HERE FOR 10 MINUTES WALK INTERESTING ABOUT THIS DOOR TO THAT DOOR AND THERE WAS NO NOTICE.
I CALLED THEM.
>> COMMISSIONER RAMAMURTHI, THIS IS KIM SALAZAR.
THERE IS A GLASS NOTICE BULLETIN BOARD OUT FRONT IN THE WALKWAY OR THE BREEZE WAY BETWEEN TWO BUILDINGS AND THAT'S WHERE ALL NOTICES ARE POSTED AND IT INDEED WAS POSTED PRIOR TO LAST 
>> OKAY.
PEOPLE NEED TO KNOW WHERE TO GO LOOK FOR THE NOTICE.
>> WE CAN FOLLOW UP.
WE ALSO DID PROVIDE A NOTICE TO A PUBLISHED LIST THAT PEOPLE SUBSCRIBE TO ON OUR WEBSITE AND EMAIL TO ALL PARTIES INVOLVED, INCLUDING PEOPLE FROM THE PUBLIC, THERE WERE A COUPLE WHO CONTACTED ABOUT OTHER ITEMS SO WE DIDN'T HEAR OF ANY OTHER PEOPLE CONTACTING US WITH THE SIMILAR CONCERNS SO I THINK MOST PEOPLE WERE ABLE TO GET IT.
BUT I HEAR YOUR CONCERN, AND I WANT TO MAKE SURE WE REVIEW OUR POLICIES AND MAKE SURE WE'RE CATCHING EVERYBODY.
>> COMMISSIONER RAMAMURTHI, I PERSONALLY SUBSCRIBE TO ALL THESE NOTIFICATIONS ON THE CITY'S WEBSITE, SO I DID RECEIVE THAT ADDITIONAL NOTIFICATION DESIGNED FOR THE PUBLIC IN ADDITION TO MY CITY EMAIL SO IT IS AVAILABLE.
IT IS ACTUALLY VERY HELPFUL.
>> YES.
>> ALL RIGHT.
LET'S MOVE ON TO MISCELLANEOUS ITEMS.
ANY INFORMATION FROM THE STAFF?
>> SURE.
TWO THINGS I WANT TO UPDATE THE COMMISSION ON.
ONE IS THIS ADU ITEM WILL BE GOING TO COUNCIL TENTATIVELY SCHEDULED FOR JUNE, I THINK IT IS THE 20TH, FOR THEIR REVIEW.
LET'S, PAST MEETINGS, SINCE WE LAST MET, I BELIEVE WE LAST MET IN MARCH, AFTER THE ANSWER WAS CANCELED, WE DID HAVE A FEE DELIVER MARKET RATE FOR RESIDENTIAL PROJECTS THAT WAS REVIEWED BY COMMISSION THAT MOVED ON TO COUNCIL AND I WAS PROVED SO THEY WILL BE ABLE TO DEFER THEIR FEES THAN IS PART AND PARCEL OF A FEE INCREASE THAT WAS PUT IN PLACE BECAUSE OF A SIGNIFICANT INCREASE IN COSTS FOR  IT WAS IN THE BASELINE INDEX WE USED FEES.
ANOTHER THING I WANT TO MENTION IS BECAUSE WE'RE INTERESTED IN HOUSING ELEMENTS IN GENERAL, ONE OF THE COMPONENTS IT IS IMPORTANT, IT WENT TO COUNCIL EARLIER THIS WEEK IS TAKING ADVANTAGE OF OPPORTUNITIES TO GRANT THE 156 UNIT DEPOSIT ON THE NUMBER OF UNITS WE HAVE TO BUILD IN THE NEXT EIGHT YEARS. 
SO THAT'S THE REST OF MY UPDATE.
>> WHAT IS THE REASON IT WAS REJECTED OR NOT APPROVED LAST TIME?
THE FIRST TIME?
>> IT WAS APPROVED BY THE COUNCIL APPROVED THE GRANT APPLICATION BUT THE GRANT APPLICATION WASN'T APPROVED BY THE STATE.
AND I DON'T KNOW THAT THE REASON WAS ARTICULATED IN A WAY THAT WE COULD REALLY REACT TO IT.
I THINK THERE WAS AN APPLICATION BY THE SAME PARTY AND CHOICES MADE AT THE STATE ABOUT WHICH ONES TO MOVE FORWARD.
>> CHAIR LIU: SO SECRETARY PULLEN, THAT CITY COUNCIL INFORMATION YOU ALREADY TALKED ABOUT, RIGHT?
OR DO YOU HAVE ANY MORE?
FROM THE CITY COUNCIL MEETING.
>> THAT'S RIGHT.
>> CHAIR LIU: DO WE HAVE ANY INFORMATION FROM THE COMMISSIONERS THAT YOU WOULD LIKE TO SHARE?
>> YOU WANT ME TO START?
>> YES.
ONE MINUTE.
[LAUGHTER]
>> I THINK YOU ALL KNEW THAT I WAS ONE OF THE MODERATORS AND THE CLOSING SPEAKER FOR THE PLANNING COMMISSIONER'S ACADEMY BACK IN LATE MARCH, AND MY ESTEEMED COLLEAGUE WAS WITH ME, AS WELL.
IT IS KIND OF INTERESTING AND VERY TIMELY WE'RE TALKING ABOUT AD US.
AS I MODERATED THAT PARTICULAR SESSION, IT ENDED UP BEING AN ADU DISCUSSION, AND ALL EYES ENDED UP BEING ON ME WITH 225 PLANNING COMMISSIONERS ASKING ME VARIOUS QUESTIONS RELATED TO ADUS LAWS, GUIDELINES, SET BACKS, YOU NAME IT AND TRYING TO FIGURE OUT THE BEST WAY TO STREAMLINE THE PROCESS.
SINCE I KNOW WHAT IT WAS LIKE TO WRITE THE CHECKS AND HAVE TO DEAL WITH ALL OF THE CONSTRUCTION FOR AN ADU.
BUT, I THINK GOING BACK TO THE ACADEMY, IT WAS VERY WELL ATTENDED.
WE HAD ABOUT 450 PLANNING COMMISSIONERS FROM AROUND THE STATE.
80% OF THEM WERE BRAND NEW, TO GIVE YOU AN IDEA.
IT WAS QUITE AMAZING TO SEE THAT.
I'M CONSIDERED ONE OF THE OLD VETERANS OF THIS PLANNING COMMISSIONER'S ACADEMY.
BEING HERE FOR ALMOST FIVE YEARS AND BEING ONE OF THE OLDTIMERS ALREADY.
BECAUSE THE VAST MAJORITY, LIKE I SAID WERE ONLY THERE THE 80% WAS LESS THAN THREE MONTHS SO THEY KIND OF GIVE YOU AN IDEA.
THERE IS A WHOLE NEW BATCH OF PLANNING COMMISSIONERS THROUGHOUT THE STATE.
THERE WILL BE A FORMAL ANNOUNCEMENT LATER THIS YEAR, BUT I'LL LET THE WHOLE COMMISSION KNOW, TWO DAYS AGO, THE OFFICERS AND I WERE SPEAKING AND I'M CURRENTLY AS THE FIRST VICE PRESIDENT REPRESENTING THE PLANNING COMMISSIONERS IN NORTH CAL, I WILL BE IN PLACE AS THE PRESIDENT THROUGHOUT THE STATE.
JUST TO GIVE YOU A HEADS UP.
NOT SURE WHAT HEATHER IS GOING TO DO WITH ME ON THAT, BUT THAT'S WHAT IS COMING FOR ME.
I DON'T KNOW IF MY ESTEEMED COLLEAGUE WANTS TO SHARE ANYTHING ABOUT THE ACADEMY.
YOU WERE PROBABLY FED WITH A FIRE HOSE OF INFORMATION.
>> IT WAS VERY INFORMATIVE.
I ENJOYED IT.
WHAT I LIKED THE MOST IS I WAS INTERACTING WITH PEOPLE FROM DIFFERENT CENTRAL CALIFORNIA AND ORANGE COUNTY.
AND PEOPLE, THEIR GOAL AND THEIR IDEAS AND VISIONS WERE COMPLETELY DIFFERENT, AND IT WAS NICE TO LISTEN TO A DIFFERENT PERSPECTIVE AND EXCHANGE IDEAS.
THAT WAS VERY INTERESTING.
SO, YEAH, I WAS SITTING IN A DIFFERENT TABLE FOR EACH SESSION SO I COULD TALK TO DIFFERENT PEOPLE.
>> VERY GOOD.
COMMISSIONER.
>> I DON'T HAVE ANYTHING.
>> IT IS PROBABLY FROM THE PREVIOUS SCREEN.
OKAY.
ANY MORE INFO FROM ANYONE?
NO?
ALL RIGHT.
LET'S ADJOURN THE MEETING AT 9:34.
[GAVEL POUNDING]
THANK YOU.