 I can I can start it so the attendees can come come on in now. Yeah, that sounds good. We'll just At seven we can begin. Yep Katie you're saying Kingston is the one who's uh doing the Technician Yes Kingston got it. Thanks Katie is there going to be a public workstrap on like Kailash for the project? Kailash just signed in do you want him as a panelist or attendee? Uh, I just he might need to answer questions from the planning commission stuff. Yeah, panelist Do you want him as a panelist? Yes, please Okay, I'm promoting him And then Sean if you pull up your PowerPoint, let's go to Sean's PowerPoint the instructions It's nice to see you Were you sharing were you going to share your screen Sean? Yeah, I'm just getting it set up Yes, I think we're ready is uh Uh, okay Whenever you're ready chair Newman of the capital planning commission to order Roll call, please commissioners Christensen Here Ruth Here welch Here wilk Here and chairperson Newman Here came the next uh Item is the pledge of allegiance And there's a little picture of the flag uh, I think on your computer So, uh, we'll begin our pledge of allegiance To the flag of the united states of america Of the united states of america To the republic Under god And that last clause kind of has some special meaning this month But next Is oral communication? Do we have any additions or deletions to the agenda? We had two emails that came in today for the project on fan mar And hopefully you all got a chance to read those so for item 3a 208 fan marway There's two emails that came in they are posted on our website And no additions or deletions to the agenda Back up and give a general introduction here I gave everyone a chance to join us In accordance with the current shelter in place order from santa cruz county health service An executive order and 2920 executive department of the state of california This planning commission meeting is not physically open to the public limited staff in the planning Chambers and the commissioners are participating remotely by a video call Members of the planning commission can use the reaction choices in zoom to indicate they would like to speak similar to raising a hand This meet cable cast live on charter communications cable tv channel 8 And it's being recorded to be rebroadcast on the following wednesday at 8 a.m And on saturday following the first rebroadcast at 1 p.m on charter channel 71 And comcast channel 25 Meetings can also be viewed live from the city's website And with the zoom meeting link Also available on our website Our technician tonight is kingston from community tv Public comment can be emailed or called into the planning commission I believe you receive some general instruction at regard Members of the public may submit public comment only once for each item by email or phone call However, the applicant on public hearings will have an opportunity to respond To public comments to call in comments Before the items wish to comment on call the phone number and enter the meeting id display Press the hash key when prompted for participant id To raise your hand to make a comment press star nine on your phone Wait to hear that you are unmuted and then make your comment You will have up to three minutes to speak If you are watching the meeting by a zoom you can take You can use the participant option to raise your hand and make a comment when Unmuted by the moderator To email comments identify the item wish to comment on in your email subject line Email comments will be accepted starting now Up until I announce the public comment for that particular item is closed Each comment will be read aloud for up to three minutes Or displayed on the screen emails and calls received Outside of the coming period outlined above will not be included in the record This meeting this is the first time we've a meeting Using this particular technology It's a new challenge for the planning commission These hearings are important to the People participating both applicants and the person we understand that We didn't create the little corona bugs that Our staff has done a great job in setting up this alternative procedure and we will do our best to Have everyone heard and make the best decisions we can So with that in mind We will look on to public comments And this is an opportunity for any member of the public to Comment on an item that is not on the agenda and Do we want to wait three minutes for those or do we But we're prepared to move ahead I think we're prepared to move ahead for General public yeah, I think In the general comment in the future if we continue to do this We should tell people if they want if they want to do public comments an item's not on the agenda They should send those in at the time. Um, do we do we have any hands up for There are no hands up right now. We did receive an email, but I don't I believe it's about a actual agenda item I see that. Thank you So then next do we have any comments from any commissioners at this point? If not They can wait until we get back to the end of the agenda. We have another opportunity for commission comments And any any staff comments at this point No staff comments at this point at the end of the evening during the director's report I'll give an update on our efforts for businesses Okay So that takes us to public hearings and we we have four public hearings tonight. We're going to take them in the order That they are on the agenda Again members of the public the applicant will have an opportunity after when we turn The public hearing open to the public the applicant will have an opportunity to comment and members of the public Can comment once and then the applicant will have an opportunity to reply and if That's the end public participation and the commissioners will discuss and make a decision so the first item is 208 fan marway and that is An application for a design permit for a second story addition For the required parking space dimensions and required driveway landscape area for a single family residence Located with the rmlm residential low medium density zoning district staff report, please Things new fair and I this is peter woke. I need to recuse myself from this item And that's just a geographical proximity Correct. So I'll just move out of view. I guess Commissioner wilk if you can turn off your mic and be muted and also turn off your video, please I'm really frightened to touch this We can do oh, there you go very good. Can can everybody hear me? Yes, yes Yeah, funny commissioners chair human The application before you is proposing a second story addition with a variance request for the required parking space dimensions and driveway landscaping to an existing non-conforming single family residence The property is located at 208 fan marway within the multi-family residential low medium density zoning district The existing single-story residence as it appears today Surrounded by one and two-story single-family home in the upper village neighborhood to propose site plans The blue area represents the proposed second-story coverage And the red outline indicates the first story footprint The remodel increases the floor area by 346 square feet for a maximum floor area ratio of approximately 58 percent Modifications are 70 percent of the fair market value of the structure Which is under the aim percent non-conforming structural alterations limit So the modifications are permissible under that limitation The existing and proposed east and south elevations seen here Or the front and driveway side The proposed remodel utilizes stucco siding on the first story and wood shingle siding on the second story The remodel includes a gable composition roof and a deck overlooking fan marway The existing and proposed west and north elevations So the project is is uh has an existing driveway that currently provides two uncovered parking spaces with substandard dimensions The driveway does not include the required landscape strips adjacent to the property at 206 fan marway Additions of more than 10 must be compliant with the parking standard With that the applicant is requesting a variance to allow an addition of more than 10 without meeting The minimum parking dimensions and the required area The capitol immutable codes municipal code states that the planning commission may grant a variance permit When it makes the finding shown above The subject property has a lot size of 1804 square feet and a three frontage of 25 feet the lot is small by capitol standards and And even smaller or as equally small on fan marway On the same street side the average street frontage is 33 feet wide The strict application of parking standards would deprive the subject property Privileges enjoyed by other properties into vicinity and under identical known classification Staff review characteristics and lot dimensions of the adjacent 16 properties 208 fan marway is the smallest among those observed with one of the narrowest street width Only six of the 16 of properties observed appear to meet both the minimum parking space mentioned And has acquired two feet of landscaping Grant of the variance would not constitute a grant of such a privilege because less than half of the neighborhood meets the parking dimensions and one escaping area If that staff recommends the planning commission approve the project based on the conditions of approval and planning Thank you. Do any commissioners have any questions of staff? No No question See if I see any hands here Seeing none We will open the public hearing and See if we get any Well, first is the applicant present And does the applicant wish to address the commission Two hands raised. I'm not sure one of them is the applicant Um, I have two hands raised Want to go Does it tell you who they are? Yes Gardner The applicant's representative is richard amy. I I don't see richard, but And the owner is broke johnson I don't see either one of those names raising hands at this point Okay, so it sounds like the applicant is not present and we'll just go to the two hands that I raised Okay, and this is the name guard is the name of the Go ahead Mr. Gardner misguided is guard. Are you with us? They are currently muted Uh, k Oh, here they are now. Can you hear me? Is this mr. Gardner? Mr. Navy. Oh, over here. Yeah I am uh I'm In my wife's email login. It's garden cats. So That's okay. That um, I also sent you a text message saying that I agree. We agree with the staff report Including the variance for the parking list Point out that the owner Now the previous designer it's a designer project, which I would cover the entire second floor And as I look at the plans, I think it's going to involve about four or five variants I have redesigned. So the only variant is for the parking and discussed it with the staff and might just We also Designed as well as we meet the front yard setback and the rear yard setback I've reviewed the letters written by the owner to the east and We choose not to lower the ridge by Not fill over the second floor Line and to the wall because you do not need setback regulations for the addition um I have adjusted in text writing to use that We would accept and We request an additional condition that There be a On the east of the property line Who is concerned the adjacent neighbor has a property in their land Well, I'm sure the other questions you may have Could you repeat that again about the east uh boundary what we are going to do? I request a condition be added that a Will be installed on the east property line even high restrictions Take care of one of the concerns of the neighbor that claims Uh If if you put a fence on the east property line wouldn't that narrow the driveway another Foot or so? No, but I mean isn't your driveway over the property line the athlete the owners Why the driveway is paved over the property line, but we don't claim to be using it the dimensions shown on the site plan Are two property lines Not to the neighbors Thank you. Okay anything further mr. Amy Uh this time Okay, we'll give you a chance to uh return later So uh other public comment, please Yes, we have gordon van zoiden Mr. Van Zoiden, can you hear us? I can hear you. Can you hear me? Yes Okay, great All right, uh, well first of all, thank you for everyone's time And I know you have about three minutes. So we'll move along Um, I have read in detail the work of the planning commission Yeah, listen to richard's comments, uh, and the respect Brooks right to build the home that she has the right to build within the capital building code guideline I also think we have rights of living there for 28 years That we enjoy as well and one of those has been the enjoyment of the view that we have looking out towards the ocean waters We have several times one of the discussed with the applicant How we might be able to come up with a compromise And ask that Three to four feet of the overall project have been reduced so that we continue to enjoy this view But it's the feeling of the applicant. They've met all the building code requirements and there's no need for them to do that So I offered a letter of compromise that I submitted today. I had a conversation with Matt for back this morning After reviewing the planning commission's report and finding that the actual surveyed area of the applicant's lot Is actually Is the actual surveyed area is less than the driveway width is currently stand So there's actually eight inches of our property that extends into the driveway that they now have And even though richard said they don't use that there's several times that there's hard actually that's right It's the driveway to the point that we actually have damage on the flagstone that is on our driveway So our proposal is to help mitigate the issue That the current applicant has with the width of that driveway And honor the fact that we will release not only the eight inches if she's on our property when she parks her car But potentially there's another four inches so that instead of a very limited access to her home She would have a much more comfortable eight feet plus And that would allow her to open and close her car doors more freely In exchange for that proposal We just ask that the slope of the top pitch of the roof The matching the bottom pitch which is a four two five twelve And ask that the top pitch go from eight twelve to four two five twelve And in doing that we think that might reduce the overall height by two feet And after the ceiling highly brought down on the second floor of the taxi Perhaps that a nine or eight so that we would get another three or four feet of clearance Which is all we really need to to enjoy the view that we have Both of these modifications wouldn't have any impact on the overall square footage And I think if she does both of those modifications She still has an open air high feel and so we think This compromise and this compromise proposal which we tried to do it personally there But we didn't have any success We feel that it's a worthwhile compromise proposal If not accepted and I spoke about this is that or back And I guess we do have the right to put a fence that was just discussed On our property line, which would then take advantage of the eight inches of thunder driveway And would reduce the width of her driveway and make it more difficult for her to open and close doors So we're not trying to do any tactics here that are Forcing but we are kind of come up with something of both of us To enjoy the properties that we would like to enjoy And most of all we'd like to restore the friendships that we enjoyed with the africans for many years prior to this And now it's been strained by these current events But we really hope that we can Find a middle top that both of us can win from and regain that friendship that we enjoyed Thank you, mr. Van Zuden, uh, any commissioners have any questions? So, of course you Your group any Any other public comments before we give the applicant a chance to respond? Yes, we have one more phone in from area code 925 Okay Hello, my name is Aaron I'm uh, I'm a neighbor of 208 sand mark and I just wanted to chime in that I am currently in construction under the guidance and guidelines of capital law and their regulations And I just want to support 208 that as long as they follow Everything capital is asking for that. I fully support Uh, what she's trying to do. I would not entertain any reduction in her wishes As long as capital does not do so either Can you give us your last name for the record, please? Miller Thank you. Thank you for your comments Okay, uh, this, um, mr. Amy, would you like to uh, respond at all? Mr. Amy How do I unmute? Be on mute How do I unmute? We can hear you. You're unmuted now. Okay. Thank you. Um One of the issues is that private use In coastal area of california are not protected Only use are public I'm aware of that having been a zoning administrator That route many years ago And I tried to design for The guidelines and regulations and what they said Um, we recommend unagreeing with the approval with the added Defense that will take care of one of the neighbors in Come come. Sorry. Okay. Thank you With that said I will close the public hearing chair Newman. Um, excuse me We we do have a written public comment for this one larry. Can you Is that is that for this one? Um, yeah for the next one Yes 208 fan mar carry Breastlin we have one for 207 oakland. Oh, there's three public comments now in the mailbox Oh Really? Oh, okay. There was an And richard amy has already spoken so, um Just to care about that. Thank you So So I'm there. I will share my screen So that we can hear the We're not seeing that. I'm working. I'm working on sorry. Okay. All right My father bought it and rebuilt it back in 1994. It was nice or I say yes The plans will only improve the street and also give my sister Brooke Johnson more room for her children since Thank you. Okay. I think that's the then does and the Public hearing and I'm going to bring it back to the commissioners And why don't we just go I'll I'll call out the commissioners in order. Mr. Commissioner wilk your thoughts He's refused He's refused Commissioner christensen Um, I will be the only question I have is there there a lot the variance is covering Um, the seven foot four driveways. Is that correct? Also the landscaping On the driveways the absence of landscaping Yeah, okay So, um, but there With that variance they would be allowed to occupy that driveway space As it's shown on the site plan at seven foot four Without the landscape Being it that's correct Um staff do you want to respond to that? Uh, that's your right your question that Would the owner be able to utilize that space as it is right now if they weren't going forward with this project? Um, I'm my question is is that As it's shown on the site plan with seven foot four they're A lot of the have occupied that with their variance Without that landscape that's perfectly fine up to that property line. Is that correct? That's that's what you would be approving in addition to the applications in second story. Yeah, right exactly. That's the question. That's um That's all Okay Thank you commissioner welch No, I I'm I'm okay with the project. I think that um given the condition of uh The community we live in and fam are being especially the tight restricted area that I think the variances to me are warranted and I'm okay with the project commissioner root Yes, I have a concern with the three different roof pitches on the structure Uh, there's the original roof pitch There's a different pitch over the stairwell Dormer and then there's a different roof pitch on the new second story addition And I would like to see the applicants change the plan. So all three roof pitches Match the original roof pitch So that's a design issue That's right your standpoint That's right with that uh cause you to uh um Vote against the project It will Okay All right anyone before I comment anyone want to comment on that particular point? Commissioner Welch or commissioner christensen Well, I don't I don't want to debate with a fellow commissioner. We all have our views but um my perspective is uh an individual designs their homes the way they Uh prefer to have it built and have that view and I'm sure my book line doesn't make everybody happy. So I well it may not You know, I sit with me necessarily, uh, I think the homeowner has the right to do that. So for me, I'm okay with it Okay um I I agree with tj. So, um, I feel that if They've are on through an arc in sight review Um, they've they've evaluated the design it all meets the requirement and I don't see why we would restrict the Applicant be Thank you. Okay. My comments on this are I want to For mr. Van Zuden's benefit. I want to let him know that mr. Amy is correct that um We have never and I've been 14 or 15 years on the planning commission. We have never Turned down or modified a project To protect a private view Ocean view that's just uh if we did that it would be Completely contradicting all our precedents and setting a new precedent. So The idea of working out some kind of compromise with the applicant You can continue to do that if it's approved and that's up to you and the applicant It's not really that For the planning commission to intervene in that kind of a negotiation. It's our job to evaluate the Application as presented to us as far as the variances This commission is very strict on approval of variances and the Staff I agree with the staff that this one meets the two requirements for a variance. So I'm Going to support the application. Does anyone want to make a motion? I wouldn't make a motion. We go ahead and approve two-way fan mar as Stated by the staff So with the conditions as stated now, um, mr. Amy proposed a new condition of requiring a fence You haven't included that. I don't see any reason that we need to include that if they want to build a fence They can That's correct. Are you Wanting to include that in your motion I am not I am not recommending move putting that in the motion if the neighbors want to work out That between them that's fine. And you know, I I didn't get into it when we had our discussion, but you know, the neighbor to the east has a Deck on the roof, which is not something that we allow these days. And so he's got a great opportunity there And I just hope the two of them can to work. Uh, what this out? So I would not put that fence line in there all that Mr. Amy in the audience can work that out Okay, do we have a second again Okay, we'll do a roll call vote Uh, commissioner christensen Hi commissioner welch Hi commissioner root though And myself uh, yes, so that passes three to one And We'll move on. Thank you to 207 oakland avenue and staff report, please chairperson, uh I will have to accuse myself Can you talk somebody on this one? Okay, and we need to get uh Commissioner wilk back Peter are you with us? Uh, I am with you. I've just been unmuted. Thank you This is a little awkward, but we're so far so good and commissioner. Okay, uh staff report, please. I'm 207 oakland Chair newman before we head into this. I'm going to be proposing to modify the existing property with four residential units to a single family home With one secondary dwelling unit The applicant is also requesting an exception defense tight limit The property is located at 207 oakland avenue within the r1 zoning district the application I'm not sure if anyone sees that slide changing The delay Do you all see the next slide? There we go The application would convert a two-story duplex into a single family residence Converts a 514 square foot single family residence into a secondary dwelling unit And convert a 601 square foot single family residence into a detached living space The proposal includes first and second story addition to the single family residence For a net increase of 131 square feet and the total floor area ratio for all structures of 40 The application includes the construction of two new accessory structures a shed and a covered gateway The existing structures at 207 oakland avenue as they appear today Each structure is not conforming due to the encroachment into the required setback Construction costs breakdowns were provided for each of the three residential structures Demonstrating that the modifications will not exceed 80 percent of fair market values. Those modifications are permissible The property activity is also not conforming due to the existence of four dwelling units in the r1 zone Which constitutes a multi-family activity that must be discontinued after the 50-year Immortization period for september 27 2029 unless an extension is granted by the capitol city council The proposed conversion from four dwelling units To one single family dwelling unit and a secondary dwelling unit would bring a lot activity into compliance with current zoning and negate the need for an immersion period Parking is also considered non-conforming on this property It does it does provide four existing uncovered parking spaces along oakland avenue A covered parking space is not required here even though this floor area Alone would require it because the structural alterations do not exceed 10 percent of the existing gross floor area The proposed elevations for the single family residence Under the proposal all three structures are matching are matching spanish style Featuring clay tile roofs, stucco siding and a mix of rectangular and arched windows A rear second story deck will be converted into enclosed space But the second story deck spacing facing oakland avenue is to remain These are the elevations for the detached living space Formally a single family dwelling unit and these are the proposed elevations for the secondary dwelling unit Also currently a single family The capitol and municipal code states that the planning commission may approve alternative locations height and materials for fences The proposed location allows a maximum fence height of eight feet Provided that the top two feet of the fence be made of lattice or other open material The applicant is requesting a fence height exception to allow a solid eight foot tall stucco wall facing oakland avenue The yellow line on the aerial photo indicates the approximate location of that fence The the side that is parallel excuse me to oakland avenue is the only portion that is actually a feet On the side there it is it drops down to six feet. So that portion complies as it is With that staff recommends the planning commission approve the project based on conditions of approval and findings Okay, any questions from the planning commissioners? I have a question. I have a question p. Commissioner wilk has a question, please so I had a short conversation with staff member matt on this and We talked about the color board and the material board That was presented as part of this application And he said that in general we tell applicants that that is not required and yet it is Mentioned I think he said item e on the master application so My question is and is if we wanted to More formally not require that Is that something we would need to bring up as a separate action item or a separate Agenda item at some future time or can we discuss that here? Or just have katie changes. What what's the proper procedure for that? I think the problem asking the staff what our general procedure is or should be regarding materials and color boards Yes, and what's the proper procedure to change it? If we wished to Katie do you want to respond to that? I will respond to that We could put that on a future agenda as an item to be discussed We could talk about what we do require for submittals and including the color board And materials, but I don't think it would be appropriate to get direction on that during A public hearing on a specific application I have a comment Please Yeah The last ad agenda the commission members said We shouldn't get into design And now we have a commissioner asking for a color board And material board and it's in that getting into design I'm asking just the opposite. I'm saying that we should remove that requirement. Oh, I just understood Okay, any other questions I do I have a question then So wait, can I finish up with that question? Because I didn't think I got a clear answer as to whether or not That is actually going to be on a future agenda item And if not, I would like to request it and I would like to know the how to like request that formally I'm happy to place that on the next agenda in july You have done so Thank you. You're welcome That is all okay so I'm gonna I have a question or two and I think There'll be more later. You'll see where I'm going with this, but um Do we have any information regarding the tenants in the four units currently on the property? How much rent do they pay and how long have they been there? I'm asking this staff That If they know I don't have that information Okay, um All right, I will come back to this later. I just wanted to see maybe the applicant can enlighten us on it if they care here so If there are no other questions of staff I'm going to open the public hearing and ask if the applicant or applicant's representative wishes to Say anything. I have one hand raised From a Valerie. I don't know if that's the uh The other representative applicant representative. It is okay. Okay And who is this who's uh This is the Valerie part. Can you hear me? Yes And uh, I'm here representing derrick van allerstein um I've been working on this project and I'm happy to answer any questions that you may have Okay, do you know, uh, how long each of the existing tenants have been in place? That I don't know. Um I know that they're Currently only one unit is being occupied or I'm not even sure if they're still being occupied the owner would know that We can get you that information So they're all vacant is what you're saying. I'm not sure. I can get that information from you I'm not sure if um, if the owner is I'm pretty sure he's following this Council meeting so maybe he will call in or I'm not sure if he can hear what's happening or How he could address it, but he would have that information. I don't have it There is a hand raised. Okay. The last name is nelson and I believe that is the applicant Yeah Okay All right, any questions of uh, mishard. It's not we'll take the next uh, the applicant mr nelson Can you hear me? Yes Yes, yes, this is uh, jason nelson the applicant. Um, there's only one tenant that's left in the uh, complex and they have found a Another uh, place that they're going to be moving to three of the four units are empty And how did that happen? Uh, one has not Didn't pay rent uh, since january We we purchased it last year He was he just stopped paying rent in january. Uh, the other was a short term renter who went to cabrillo And she they're actually still there. They're moving out Uh tomorrow afternoon they own a house up in In uh lake tahoe So they they signed a lease it ended at the end of uh this last month and they requested it Extended to the end of this week And then yeah, there's one unit that's still occupied And they uh are moving out in the next couple weeks But what did the units rent for? Uh between two thousand and three thousand dollars per month all four of them Yes, they did. Okay Thank you Any other questions? Hey, any further comments mr. Nielsen? I think he's muting none Yeah, I there we go. Do we have any other? No Okay, thank you Any other comments? We have we have some via email at this point Okay, how many? Uh four, I believe Okay, can we have those? Yes, I will try and get them red By sharing your screen, sorry, I've moved stuff out of the way I do not approve of fence height Based in and previous fence height dykes Zion on st. John church properties. It must be much lower Please do not make an exception for this fence height. It looks like a fortress and greening her 212 Oakland Avenue Capitola, I will go to the next one I am writing regarding the permit request for 207 Oakland Avenue I am concerned about the aesthetic design of the house It is a large Mediterranean style house in a lovely diverse beach community I feel the eight-foot wall surrounding the property does not complement the feel of the Deebo Hill Beach community Although we do not have a homeowners association Which I feel is a benefit to the eclectic nature of our community I do feel that a design should fit the community at large I hope that you will take this into consideration as you review the plans Thank you Andrea Dorman 310 Escalona Drive I live next door to 207 Oakland Avenue I have a few problems with the design as it currently stands One the style of the house looks to be Mediterranean, which does not fit in our neighborhood We have beach style houses with wood and stucco siding for the most part I see that this design has stucco, but overall it looks Mediterranean and that does not fit To the wall in front is way too high like a prison wall plus the higher door entry section I remember the church on the corner of Oakland in Escalona had major fence height restrictions So I do not see how this very tall wall makes any sense Three I am also concerned about if the wall is going to come down my side of the property Between the two-story building and the one at the back of the property Again, this would feel like a prison wall to me Currently there is an adequate wood fence that provides privacy For the extended balcony at the back of the two-story unit is going to look directly into our spot I have planted several trees to create privacy from the existing balcony But the proposed extension goes out too far and will intrude on our privacy without the ability to plant more trees to protect this We have no more public comments via dial-in either Okay, so Does the applicant wish to respond at all to any of the comments we've received? And that can be either Mr. Nielsen or Ms. Hart Yes, can you hear me? Yes Okay, um, so I think the difference I don't I don't have a lot of familiarity with the church But I know it's on the I think it's on the corner and the difference between The fence location that we're talking about on this property and the fence location that I'm assuming the church was dealing with had to do with if being Outside of the setback the fence that we're proposing is within the the setback the building setback So it's um, it's not On the property line. It's um, it's for the back there will be planting all around it It's not just going to be this wall um So that's my first comment regarding the height of the wall um, the second thing I want to note is the the last email mentioned the balcony at the rear and that it was going to um, it's always Impinged on their privacy and now it's going to impinge on it more But we're actually taking that balcony away and enclosing it. So it's not going to be overlooking the neighbor. There's not going to be They won't be able to see into the neighbor's yard. There's there's no window there So that's that's what I'd like to Say about that. Um, I'm not certain about the fence comment about the neighbor I don't I don't know where he's talking about Um I don't know what he's talking about the wood fence that exists there. I'm not sure So, um That's all Okay, thank you. Uh-huh We will then close the public hearing and bring it back to the commission and see if uh What our comments are thoughts we'll start with the commissioner will Uh Thank you chairman. Um, I also had a concern about the eight foot fence knowing that We need a good rationale in order to approve something over six feet or six feet with it with a two foot lattice And uh, I was pleased to find out that the property line is down to six feet. So so that the as the applicant said that There really really isn't a property line fence or what you would consider a normal fence condition Um That we are worried about here. I mean the the eight foot portion is 25 feet set back So to me that's basically part of the house So to me that's The location the fact that it's front-facing and and set back so far to me is enough Rational to grant that waiver Uh beyond that, I appreciate The applicants spending their uh hard earned investments in our city That's all eight commissioners Christensen Um, I I like the layout of this of what they're doing to this property I think that they're taking kind of a a really somewhat sterile apartment environment and turning it into a really nice courtyard I can appreciate the wall in front being that you enter into the courtyard and you seem to have a really nice area where It's communal a communal environment for all the occupants on property What as far as the exception of the fence, um I I'm With consideration to what commissioner wilk was saying with it being set back 25 feet um, I can see that as being a bit different than providing an exception if it was on the property line, but um I don't know. I just i'm a little hesitant to set that as the president because I know that moving forward people want to build eight foot fences all the time and um A six foot fence really seem to make much of the difference If they were to just provide a six foot wall there instead of an eight foot fence Or eight foot wall or six foot fence with the lattice um That's my overall comment, but I don't I don't necessarily have any questions Joey Missionary Yeah, well, I think it's obvious the property of this stands today is in uh A much needed work over It's been kind of in a run-down condition for a long time If I have to agree with the last letter of public comment that was introduced It doesn't fit into the neighborhood and Just to kind of editorialize You know we used to consider design and that's one of the reasons capitol has been able to maintain its character all these years The arkansite committee looked hard at designs back in those years so did the council so did the planning commission And now we don't do that. We seem to have lost our way the arkansite commission has lost its way To really try and maintain the character of this community And this is a tough one for me because the property isn't such dire need of improvement But it is so out of character with the neighborhood And I really think we need to start focusing on design again because That is the very thing that maintains the character of this community and without that lever over design We will lose the character of this community over a long period of time Thank you. Okay. Um I have a completely different Position on this application and I don't know exactly what to do about it that bear with me please Um, so this is in the coastal commission coastal zone The uh, I'm not so my brain's around about Sorry, you can't hear me I can hear you Okay So this is in the coastal zone and the the the wall is uh, it's not the most important thing for me except It's symbolic of the concern I have of this fortress that's being created here out of four um housing units Because one of the most important policies in the coastal zone is the preservation of housing and especially housing that can be affordable to some people that uh I wouldn't call it low income, but I would say it's more affordable than a lot of housing in capitol so There's something called the mellow act that addresses specifically conversions in the coastal zone that uh caused the loss of affordable housing And the city attorney has looked into that and I agree with the city attorney saying that technically this project does not fit within the requirements of the mellow act and that's named after some of you know, Henry mellow was a Santa Cruz county Legislator who uh That that's the um theater and Watsonville's named after but he's the one that um presented that fail Anyway that the mellow act doesn't technically apply, but it also says it establishes minimum requirements for housing within the coastal zone then there are other parts of our um Government code and I'll just quote one portion here that says the availability of housing is of vital statewide importance in the early attainment of decent housing and a suitable living environment for every californian Is a priority of the highest order so We have all kinds of programs and reallocations in our Community to try to create housing units and what we have here are four In my opinion very decent looking housing units That are being converted into a compound for one family um, so we're losing we're losing four units and the family is getting uh Something that from a design standpoint some people object to but I object to from the standpoint of possible losses housing stock in the community. I don't know what to do about that. It's more of a city council issue, I suppose but um Um, I really have a hard time. I mean last week we uh experienced throughout the country a lot of dissatisfaction in the country Part of it was over racial justice, but a lot of it was over economic Uh disparities and that's that's kind of what this uh symbolizes here is an individuals coming in and Basically four four units are being lost for And for one family that has obviously a lot more economic wherewithal And as a I'm just concerned about that. I think our city council should look into Some Changes in our ordinances to uh control This type of gentrification of the community so I'd be interested to hear if that resonates with anyone else. I could respond to that. This is commissioner wilk um I had that question as well in terms of the number of units being lost and and Why uh, you know what the rationale is? And it was given the response that well They were going to have to do it anyway because it's not to code currently So by 2029 they have to they have to make a modification to the Living space anyway, unless unless they anticipate that whoever's on the planning commission in 2029 gives them enough an extension on their variance Uh, that would be the city council not the planning commission Okay Well, we don't know who's going to be there either um I guess my concern it would be for the property owner who um who who? Perhaps they knew ahead of time that this was an objection or that the city had an ordinance against this um, but for us to turn this down because um Because we anticipate that the city council should do something about um a little affordable housing um, I don't think that's our role and so I I think we should uh We should allow them to follow the rules And not turn them down as long as they are following rules with regards to um the style um I don't know that there is a style in capitol. I know the caca blanca is Right on the corner depot hill And that's Spanish style. I think if you walk down El Salto and go down some of the side roads there, you'll see some Mediterranean houses um, so it may not be consistent with the housing on that street but I I would be Uh reluctant to say it doesn't fit in the community at large so, um So I I in fact will make a motion to approve um the project as presented by staff Based on the conditions and and findings presented by staff Let me just respond to that issue of uh the Requirements that they can form over 50 years to the zoning So in 1988 The ordinance allows an applicant or a property owner to get an extension in 1988. That's 32 years ago They applied for an extension And that was denied at that time that the 32 years It's a long time and things have changed a lot and The the policy the housing policy in this state has changed a lot in 32 years. And so I think it trumps The amortization rules that existed back then and I think the city council should and would grant an extension if they applied for it and as far as purchasing the property without any awareness of uh Of the possibility that that housing The loss of housing stock is a concern. I think that it's been pretty pretty uh Available or well known to to anyone who who wanted to know that there's uh a critical housing Shorted in that the coastal zone coastal commission Has a very strong policy of preserving affordable housing within the coastal zone So I I think that they Should not have been taken by surprise. Anyway, anyone else Well, we do we have a motion on the table We have a motion. Do we have a second? A second We have a second from commissioner christensen. Do we have any further discussion? And the motion includes the what the uh wall as designed I gather As a warehouse. Yes Okay, so no further discussion. We'll have a roll call vote commissioner will I Commissioner christensen I Commissioner ruth no And chairman votes no So that that application is denied And of course, there's an opportunity to appeal to the city council and we can talk later in the Agenda about whether any thing Else Quitter should be done in this with regard to my comments Chair newman, um, would you it does anyone want to entertain a second motion before we That motion died and would be considered a denial, but if there's any other motions You have the opportunity Anyone else want to make the motion Hearing none, uh, and I am motion to approve With out the fence So the the motion is to approve the application as presented without any With all the conditions except no Fence variants allowed Is that the idea? Yeah, yeah, can you hear me? Yes Does that make sense Everyone That is Mr. Wilk Okay, commissioner wilk seconds, uh Any further comments on that motion? I have a question. So does that Also include the six foot wall along the side that's perfectly legal That yes, that is the six foot So It let me understand. I mean unless that it's not a made point in contention Go ahead and point of clarification This is peter wilk My understanding of your motion was just to Not approve the variants therefore making the fence or wall Come down to six feet and therefore be Um within regulations is that correct? Yes, that's my that was my intention And does that second still stand in that second still stands then Okay, any uh, commissioner ruth. Did you have any further questions about the motion? No Okay, roll call commissioner wilk Hi Mr. Christensen Commissioner ruth So And the chairman votes no any other motions Hearing none, um We'll probably uh hear more about this application Yeah, the city council level but uh at this point that's the end of this item and we'll move on to the next public hearing Which is 203 s planade Do we have a staff report, please? I do. Sean, can you figure it out? Thank you. Yeah I'm going to get jay back here I know You're back. Okay now for the staff report Okay Thank you chair newman The applicant at 203 s planade is requesting a conditional use permit and design permit for a takeout window at zelda's restaurant in the central village Located on the s planade adjacent to tacos moreno and my side beach Zelda's is unique in that the parcel wraps around the parcel with tacos moreno With a restaurant from the west side in a large outdoor dining deck located on the east side Directly adjacent to the capital of each as shown here That's going to request the approval of a conditionally used permit for a takeout window along the front facade of the building adjacent to the front door shown here in yellow Proposal includes replacing the existing three foot eight by three foot eight picture window with a single hung double ping tuskeny window of the exact same proportions The window is located in front of the existing interior coffee bar The owner plans to serve coffee beverages some grab-and-go items as well as some items off their needs A takeout window use in the central village requires a conditional use permit The proposed takeout window complies with the consideration in the capital municipal code And circulation mitigation measures and a trash impact that you have been included in the conditions of approval The structure of 203 s planade is also historic and any modifications to a historic structure requires a conditionally used permit as well Staff has reviewed the proposed project and determined that the proposed takeout window complies with the secretary of the engineer standard I would point out as well and related to a commissioner comment on the phone earlier that They were informed that there will be that there will be these temporary use permits being issued for Takeout windows in the village and they still wish to proceed with this Application because they would like to have this window there permanently So that the staff recommends the planning mission review and approve application Number 20-0160 subject to the conditions and findings. If you want to have any questions of the staff Uh, just a comment this commissioner rude uh, when we approve Was it 403 capital avenue next to the firehouse? One of the conditions I asked for was that they Be required to provide a trash receptacle according to whatever the city design requirements were for those And uh, so I'd like to see that also for this takeout window That's nothing. I have a question This is commissioner The question is one of timing so my understanding is that the parking spaces Uh, all along the esplanade including in front of the proposed takeout window are temporarily blocked off from automobiles And so therefore at least during the covid crisis if this takeout window Was in place and there was a line of people there because of the Parking spaces being blocked off there would continue to be plenty of space for pedestrian clearance around the takeout window Is that correct? Yes, thank you Can I um any other questions? Go ahead. I'd like to just add Just some clarification that under condition of approval number two for the future trash impact fee due to the covid 19 current pandemic we the condition was placed on this application that The annual trash impact fee would take place one year after the shelter in place has been lifted Just to provide some economic relief to um one of our long-standing businesses in the village So if the addition additional condition were to be added regarding the trash receptacle I would Suggest you combine that with condition number two and allow one year prior to requiring that installment Hey One more point of clarification. This is commissioner wilk again I'm recalling When tacos Will moreno used to be a different business and there was a request for a takeout window there, which was eventually approved but there was a lot of Comments and concerns that a takeout window would be blocking pedestrian traffic And I was wondering how we got around that concern. Do you have any memory of that? Hey I do recall with that application. There was a lot of concern about the trash receptacles in terms of Queuing I I don't recall that being an issue next door with tacos marinos And I with this application they have said the queuing will be Along the window frontage and could wrap Where there's an entryway to the beach as well if if it backed up that far Okay, I may be misremembering. Thank you. You're welcome Hey, any other questions? If not, we will open the public hearing And is does the applicant have a representative the applicant has her hand raised, but we'll allow them to talk Jill hey Thank you Hello Yes Um, yeah, I just wanted to address we do have um a very large trash receptacle already on the um deck It's like housed in like a little House type thing. There's two really large barbages and they're currently Can you give us your name for the record please? Jill E. Lee Thank you. Okay. Anything else you'd like to uh address Not necessarily. I just wanted to mention that I had already applied before city council's temporary ones And rather than get a temporary one and later decided it's something I want to keep I just decided to keep going at this time That said, I have no idea. Um, you know, what's going to come of it It was just something that due to the COVID that we thought would be helpful during this time with You know less tables. Okay. Well, you might as well keep going Exactly this far Okay Jill can you have any other public comments, mr Jill could you clarify if that's the dumpsters that are enclosed or do you have a an accessible Trash can for the public Well, we have we probably have between the restaurant Like on the between the restaurant and the deck I think we keep anywhere from four to six garbage cans from ours and and recycling receptacles In addition to those dumpsters Okay, thank you This commissioner Missy we but those garbage cans aren't accessible by the public. Are they? Yes by the What through the walk through the walkway the breezeway or We're not in front of the There is a couple of them right next to the host's podium And then there's generally some like, um, I don't know how to explain it next to where we is like a wood There's like a wood enclosure that we actually keep our coolers in for beer and right next to there. We also have another recess to receptacles Okay, but for Yeah, my point would be for people taking out food on this sidewalk because that's where the window's facing And then walking down the sidewalk. They aren't really accessing those those cans No, yes, we've done they would have to be from like maybe the walkway or going from, you know To the beach if they were going through the restaurant to the beach then yeah, there's We keep lots of garbages right back there. Yeah Looking at the public comment Public comment email. There is none at this time Someone has asked if we can put the picture up Picture of sorry is it out of comment or a picture of the site? Uh, the comment just says the chat. Can we put the picture of site once the site? I think that was Kailash saying that he could do that. Oh, he's so desire I see Nick, can I can I ask you a quick question? Yes, go ahead Archive, I'm sorry commissioners I apologize No problem But You're you're requesting that the condition be added that there's a public trash can provided by the city On that that's on the public access way on the Esplanade, is that right? Actually provided by the restaurant somewhere where it's accessible to the public out towards the sidewalk Yeah, we went up. Okay. So just like a movable trash can Yeah, according to whatever design is that what you're asking? Yeah, you know, we've heard that the city's been working on this design for trash cans now for two years It's uh to come up with this with an answer so So whatever whatever design the city comes up with that they would provide a trash can That reflects that design So commissioners Christians, then I can clarify. I admit it was a commissioner Uh, we're referring to the to-go pizzeria Where a condition was included for the options to provide funding for a trash accessible to the city And then the city would put a public trash receptacle of the design Commissioners was describing somewhere in the village just to help with the additional trash created by them to take out Thanks for clarifying Okay, and that's And that's on top of um, excuse me. That was on uh, this is directly on you. Um Not but I would so that's on top of The the requirement of um, the fees the trash fees Yeah, I believe that you leave a trash fee and then there's a one-time susceptible fee Okay, if I remember it's something like $800 for a one-time See the public works. Okay. Do we have any other uh, excuse me? No way Okay, any other public comments It looks like the applicant has um Her hand up and maybe can provide some feedback on Okay, um, oh, it was that from as easily It wasn't it was up from before but I don't have any um anything else to say and I have no problem with any of the requirements for garbage receptacles or any fees do Okay, thank you. We'll close the public hearing and See if the commissioners have any comments. We'll start with commissioner welch I have no comments. I'm in favor of the project commissioner ruth no comments commissioner christensen I have no comments. I support um Commissioner welch no comment Do we have a motion? We were approval Do we have a second Okay, a second Was that a motion to approve with your trash receptacle addition as part of condition number two? Correct. Okay Clarification Is so my understanding was that um The uh, there was going to be no trash Uh requirements during the cove at 19 Based on katie mentioning that we wanted to give the Restaurant tours a break. So are you suggesting that that recommendation not be um implemented, but rather we have that trash um fee implemented immediately or after the cove it Commissioner are you addressing me commissioner welch. I am I'm trying to understand the motion No, I would leave that up to staff if they want to defer the collection of the fee that's I don't have a problem with that Thank you Okay, there was some confusion on the second here. I'm not sure for the purposes of our Secretary, I think it was commissioner welch got into first with the second I would so And I would also uh second the updated motion with mix uh request on the trash condition number two Okay, so the motion to repeat it before we vote is is to approve the application Uh with the conditions as stated by the staff plus the trash condition as Stated by commissioner root Roll call vote commissioner wilch Hi Commissioner christensen Hi Commissioner welch Hi Commissioner root Hi And chair votes high and so that passes unanimously And Thank you. We'll move on to our last public hearing which is 1400 wharf road And this is for I can find it here A Design permit conditional use permit and initial Initial study mitigated negative declaration For the rehabilitation repair of the historic capitol of wharf located within the public facilities zoning districts Staff report, please Thank you chair Newman The city of capitol is proposing a 7400 square foot widening of the existing capitol of wharf a new 7 By 400 square foot restroom facility to replace the existing restroom facility on the wharf A new restroom facility is based on the wharf and a new security gate and modifications to the wharf entrance gates and trestle circulation Capitol the wharf was constructed in 1857 and it's been modified prepared and rebuilt multiple times Uses for the work vary during its early existence since the 1920s that has been utilized for sport fishing and recreation mainly In 1999 the capitol city council adopted the historic structures list which identified capitol wharf as the historic structure The wharf begins at the terminus of wharf roads and spans approximately 866 feet in length The wharf is publicly accessed by a foot travel, but it's also accessed by motor vehicles primarily for handicap access and boat launching The wharf contains several small structures including two commercial structures a restroom facility a boat list and an entrance gate The afghan is proposing to widen the existing 20 foot wide trestle by 16 feet for a total width of 36 feet The expanded portion would match the initial 85 feet of the trestle The expansion would increase the work area by approximately 7400 square feet Includes a separation of travel for pedestrians and vehicles and would utilize wooden materials compatible with the existing design The expansion would be supported by 120 new fiberglass tiles with polyethylene speach Those also includes a new metal security gate situated before the wharf restaurant and adjacent structures and modifications to the existing decorative entrance gate The new metal security gate and decorative entrance gate will match the existing ones that stand the width of the expanded wharf Those also includes a new bathroom of foot of the wharf and replace one of the existing bathroom facility behind the restaurant Initial design elements for the new and replacement bathroom facilities include vertical with wooden bathroom siding with stainless steel metal roof and doors The final bathroom design will maintain a utilitarian aesthetic that is differentiated from the historic elements of the wharf itself The final design scale and materials for the proof advocated restaurants altered entrance gates and security gates As well as the texture and finish of the proposed exterior of the new piles and repair piles Are subject to review and approval by the community development director This is included in condition of approval number two A conditional use permit is required for alterations to historic resources The proposed project was reviewed by architectural historian Leslie dill who determined that the proposed wharf rehabilitation Editions and alterations have been designed to comply as well as feasible with the standards And that with the recommended review of the design elements that i just mentioned previously Prior to construction the proposal was substantially compatible with the secretary of the interiors and Initial study and mitigated negative decoration prepared by moppet and nickel Determined that the proposed project could result in potentially significant effects on biological resources cultural resources Hydrology and water quality and noise, but that potential impact to be reduced to less than significant with mitigation measures mitigation monitoring and reporting program was prepared for the project in order to mitigate those environmental impacts to a less than significant level A notice has been sent to adopt a mitigated negative decoration search related for a 30 day public review period between April 9th and May 9th of 2020 Comments were received from the california department of fishing wildlife and the california coastal commission Mitigated negative decoration and mitigation monitoring and reporting program were then modified to address the concerns raised in those comments I'm going out with this as well If anyone noticed that this does not include a coastal development permit because the more falls in the jurisdiction of the coastal commission So you will just be approving the commission leaves permits design permit and initial study and mitigated negative decoration not the coastal development permit Any questions of staff please This is commissioner wilk. I have several questions So my personal question is uh, um, basically one of a process In the history, I'd like so this work has obviously been a huge deal and I know I went to the city council and they were raised to six feet and expanded and changed the buildings and and then Oh, then maybe that was going to be a phase two thing um and when I discussed this and with staff they Matt mentioned that That this this part doesn't even go back to the city council So I'm I'm just confused of what what we're approving here. Is this is this the is this the final staff or is it There's nothing going to go back to city council This is it We're just approving this thing or did we got to go through this whole thing again when you say the coastal commission permit Is required or the request Is staff on a dress test I am not familiar with the previous attempts to do the the higher work and the full redesign The applicant which is actually a staff member as well. I believe it's on the line So, uh, k. Lachlan is under from the public works department might be able to give a little bit more background on the History of how this develops and how they arrived at this particular design But yes in terms of the initial use permit and the design permit and the initial study negative decorations for the scope of the Project as described for you tonight. This is the final step They will also need to get that coast involvement permit from the coastal commission to that is outside of our Steve Jesper couple works director has his hand raised as well. I would like to hear from him Okay, well, yeah, let's uh Oh go ahead. Do you want to answer that question or what we're going to have general comments? Steve uh shortly I think he'll he can give you an update on whether what steps are required for The contract and going to city council Yeah, I can can you guys hear me? This is galosh yes So Peter to address your process question about council approval So you guys would be approving the mitigated negative negative declaration at this stage and allow us to Submit our notice of determination tomorrow to the county secretary's office But then what happens next before we went up before we would go to construction on this We would have to go back to council To present the project that we're putting out To bid so there would be one more point at which council would see this And as far as uh addressing your question about the different designs that were brought to council over the course of You know a number of meetings over the last couple years we were We put once phase we did present a number of different options for council to review At that point we kind of narrowed down the different options and the different Um kind of intentions of those options with with the idea one of which we did allude to with phasing Having a higher a higher worth at a later time Looking at the cost of that that ended up putting us into a design or construction costs well over 15 million dollars Which is well outside of what our our budget was and so with with that knowledge then we Designed the project as it is now that allows for a future raising of the work Later time but right now this project Includes just the existing renovating the work at the existing height Thank you. Thank you Any other here you had some more questions I do um I know that there's going to be pile driving and the pile driving noise of the concern the uh, I was wondering if there was any uh negotiation with the uh with staff uh and the applicants uh about constricting the time of of that pile driving Um other than the standard You know noise windows I can speak to that a little bit one that the noise the topic of noise was a concern and in the document We did receive some comments on that um as a result to address that we've included a mitigation measure to have um It's a it's a kind of a a buffer situation where they're able to the strikes are are muscled slightly by adding They're what are they called? The type of board that they put in the place so when the the hammer strikes the The pile itself, uh, it doesn't make as much noise and alternatively There's also the ability to use a vibratory hammer instead of a striking hammer So there will be the option of using both um in practice After going through the most recent of Repair of the emergency repair of the two piles that were broken during at the on new years this year, uh, we found that the fiberglass Piles which were intending to utilize I went in fairly smoothly and didn't didn't require as many strikes as we had initially intended or thought they might take and so our our We're hopeful that the remaining piles that we're trying to Install would go the same way. Um as far as addressing the timing of the noise We we currently have it in there just our standard construction window times And I don't know if we really thought about changing that I don't think we'd really I guess thought about what that might be. Would you have recommendations on what you're you're proposing that? Is in the standard window starts at 8 a.m. Is that that correct and that includes Saturday? That's true. Actually, um, our public works construction window is Monday to Friday 8 to 5 I think training has a larger window that allows for construction activities to take place So our intentions were to have this all our standard public works construction window 8 to 5 and with the ability to provide flexibility for Earlier or later times if we if we either a have the ability to work during low tide conditions, which is one of the Request of some of the permitting agencies Or if there's any reason why we would have to go into the weekend if there if there's just a Outlier reason that we need to continue work. But otherwise The goal would be to complete the work during our our normal 8 to 5 construction window Yeah, I I was just thinking there might be complaints if it starts directly at 8 But we can discuss that later. Okay, that's that's all my questions. Thank you Hello Hello, it looks like Commissioner Welch has his hand up I did receive a message from from Commissioner Welch about the timing and funding for the project And I can address that The right now we we're at stage of completing our CEQA permitting process But we still have to go through the regional water quality control board the us Fish and Wildlife Service Army Corps of Engineers And the National Marine Sanctuary and the Coastal Development Permit So upon completion of our CEQA process if that would be completed today We would then admit we we submitted our Fish and Wildlife Service Our Army Corps of Engineers Permit application today as well With the Expected timeline of being about one year to have actual permits in hand to complete the work. So that would put us at Being able to initiate construction in the fall winter of 2021 And as far as funding goes right now, we are the reason why we advanced the CEQA process is we were The the state budget included 1.9 million dollars towards capital to help us with this work And in order for them to contract with us. We needed to complete our CEQA process So that's why we advanced the CEQA permitting process in front of any of the other permits Um with that 1.9 million that would add to what we had initially intended to use from measure f and at this point because of the Current state of the economy as a result of the covid crisis There's a little bit of uncertainty as far as how much we will be able to commit from the measure f funds to the project So we're it's it's a that part is not 100 clear as far as where I think the city budget is still getting looked at more closely. So With the state money we would be able to accomplish a decent amount of the project And then we would have to determine with council how much more would be funded and if we would have to then Phase the project. Um, so that we wouldn't be addressing each element at the same time Thanks, kawash. That really was uh, my questions and concerns Especially around this time with our cities taking such big hits and you know that personally as a staff person that Hopefully the timeline to start doing the building will be in a time when we can Have a little more funding in the city to be able to take care of Our own folks in the house before we start doing capital improvement project. So thank you Is chair newman Still on the line Chair newman, we cannot hear you. I would suggest that vice chair ruth moved to public comment Okay, this is commissioner ruth Uh, do we have any public comments? I don't see any hands raised at this time. Let me see if we have any emails We have not received any emails on this item Okay, with that then we will close the public portion And bring it back to the commission for comments, uh, commissioner wokes My only comment was uh Was about the noise, um Starting it the pile driving specifically starting early, but You know, I guess I don't want to bring that up into uh into a a motion or a modification of the recommendation. So um I don't have any further comments or concerns with this proposal Commissioner christensen. I don't have any, um comments. I think I support this project. I think it's a great I think the um Does the work needs some major updating Commissioner welts No, no further comments. I'm excited about the new bathrooms and uh, the new work being protected. So I'm in favor of it Chairman newman, have you returned? Okay, not here chairman. I just have some questions Uh Katie, can you tell me what the expected life of those portable restrooms are? I cannot maybe, um Steve jesberg could speak to that possibly or kailash. I I'm not sure I can adjust that So our you know, it's overall the the war thing across a A coastal structure. Um everything along the coast is definitely subject to a lot of weathering Our our design life that we're you know, shooting for on this is a you know With a minimum of 20 years for for you know, without major rehabilitation Um with these portable restrooms, I think that would be You know, that's kind of what our expectation would be that that would be would be in line with that So there's lots for a good amount of time needing some type of periodic maintenance over that a 20 year life Okay well You know earlier, I mentioned the city's lost its way when it comes to Enhancing the character or protecting the character of our community And I think these restrooms are probably a prime example of that and I would hope that we could consider them a temporary use and come up with a design that's uh Going to contribute something to the character of the warp and the character of our community And I'm not sure how I would put that into a condition Or direction, but I I don't think we should live for 20 years with that With those portable restrooms that do nothing to enhance the character of the for the village So that comment also I would like to see a condition that guarantees Public access to fishing on both sides of the war And also a condition that no new commercial uses be allowed between The foot of the wharf and the bait shop So I think we're we're along the same line of thinking there Our our intention was not to eliminate fishing on the I guess that would be the north side of the wharf That you know use as it is today. We would like that to continue as it is We we weren't intending to change the overall use of the wharf the reason for that widening It's primarily to provide structural enhancement And then we saw that also as an opportunity to then provide a little bit of separation between Vehicle and pedestrian traffic where we aren't increasing the the vehicular Capacity at the end of the wharf. So we don't anticipate an increased vehicle trips compared to what we're seeing today It's just a matter to provide a little bit more You know better user experience of that when there are delivery trucks going out to those Businesses that you know Pedestrians can just easily be off to the side and then I wanted to bring up one point for about the noise We do have a condition to have a soft start for those for the paddle driving impacts And that's part of one of our mitigation measures that it as it is So we would slowly be ramping up to paddle driving in the morning in the morning So it wouldn't immediately start at full strength Okay, Chairman Newman you're back Can you hear me? Yeah Oh, well It's amazing. I hope you see where we're invited Okay Yeah, um Do we have any other public comment? Yeah, we've gone through the public comment and closed the public portion Okay, well do we have a motion? Well, can I get a clarification first because commissioner ruth mentioned A lot of motions, but he was having trouble with specifically the issue on the bathrooms I'd like to give him some support on that since this is a design that the city is responsible for I'm not all that thrilled with those bathrooms either, especially for the last 20 years But I also am not sure how to structure a motion that would require those to be redesigned I'd like to chime in here. I believe we have a condition in there now because because we weren't able to have final design plans for the bathroom Facilities what we've used there is is representative of the type of bathroom facility We want to have where that would be single-use bathrooms that wouldn't would have you know individually closing doors rather than a Like a larger communal bathroom So that that is one of the conditions that we have in there that when Matt was speaking to this that is subject to the community development director's approval at the end and that was because At the stage we're at now in design. We didn't have that fully flushed out So that's number two. No, no pun intended Go ahead And so the intention there is to maintain a character of the building and and you know That was feedback that we received during our public hearing then and are And all throughout the process. So I I I agree with Commissioner Ruth's Comment there and that is something that we want to include I'm not sure that I understand what you mean when you said maintain the character of the buildings that mean you'll maintain the buildings as proposed That was not my that was not the direction of my comment. My comment was to replace those At some point in the near future With a structure that is more closely aligned and represents the character of capitol. Not just a square box Well, this is a design permit. So I think if we approve this we approve that current design. I don't know how we Approve it without Having them come back with a new design Well, technically that's actually included this condition too because The community development director would still need to approve the final design scale and materials for the restrooms So there is it isn't actually an approval with final design at this point that you're approving the project with The community development director having the final say on that design Well, is that what if there's one to do? Can we can we change that uh condition? So The final design is brought back to the planning commission I believe so Okay, I'd like to I'd like to see that incorporated into that condition And I'd like to I'd like to put a life on those portable bathrooms. I don't want to see them for 20 years I would say within three years That's a city return with a design for permanent restrooms out there Well, the only question I have about that is what if they don't I'm guessing if we make it as a condition in a direction they They have to unless they ignore it Okay, do you want to make a motion? With those changes, okay, let me try one here Okay, I would move approval of the of the Design is it a concept of the conditional use permit and the design permit with an added condition that the portable restrooms Be established out there no longer than three years and a design that reflects A mark It's so hard to do the character of the village For a permanent restroom be completed within three years Hopefully staff can reword that so it makes sense and I'd also like to add a condition that no new commercial Structures or enterprises are allowed between the foot of the war and The first commercial building that currently exists Can you clarify the part about the design of the bathroom if you want if you come back to the planning commission or Yes, does everyone understand that motion? Yes Do we have a second second commissioner wilk Hey, did we have any discussion? Could could I bring up? I don't I just want to and maybe steve jesberg can also chime in but in terms of budget this year. We've just gone through a major cut to spending within the city And i'm not sure what the permanent bathrooms would cost versus These temporary bathrooms, but three years. I'm not sure where we'll be in our recovery from the current pandemic And just as staff and knowing what we've been going through with the budget cuts. I just want to voice concern Um, the motion was to the painting the motion was to come back with the design within three years Was it to replace them within three years? Okay, and well, that's a little vague to me but uh So, let me try and re-state the motion and see if it's uh acceptable to the We have a second. Yeah, we didn't get a second It's a motion to approve the Design permit conditional use permit and initial study next mitigated negative declaration for the rehabilitation and repair A reason for a capital reward If the conditions proposed by staff accept that There shall be no new buildings in the New part the addition to the work the temporary restrooms Are approved for a period of three years? and the city The planning nation will need to approve the final design of that Commissioner Newman, we also have uh steve jessberg with his hand up as an attendee First let's first make your move and then we'll have in this time mr. Jesper Okay, it wouldn't be commercial but wouldn't be buildings between the restroom and the first uh It's the bait shop be no commercial uses No commercial use is okay. Is that saying? Mr. Jesper You want to say something an evening commissioners. Thanks for listening and yeah, I Wanted to clarify those commercial uses because we will be building one of these restaurants between The end of the war from the first commercial building regarding the restrooms. Um question for commissioner ruth is These buildings are are not temporary. They're modular Just means they're made off-site and then brought in we can Modify we can design any exterior We want with those and I'm wondering if we can come back with design options for these modular buildings rather than You know redesigning and rebuilding of building from scratch. There is certain advantages To using the modular building. I think it'll have the same life as another building But we can come back with other facades that Can address Perhaps your design concern and that's something we could do With the initial project and that would be satisfactory Mr. Jesper, I don't think that the emotion Really specifies how you feel about designing the restrooms. It's just that it has to be approved by the planning commission rather than staff Thank you. Yeah, that's correct And I think the reality is the three years down the road for one reason another economic distress or or otherwise Um, there has to be a delay Uh, I'm sure that the planning commissioners city council at that time would extend temporary use is necessary So with that I can I'm confused. This is commissioner wilk Um, Steve managed to confuse me. So I thought what he said is that he would like Approval of the modular design as staff proposed But that staff would then go ahead and present at some point different facades that That I guess staff would approve or maybe he would bring back before us as opposed to redoing it in three years I'm not sure what the motion is required Which of those I this commissioner roots My interpretation is there are various designs that are available through the company that offers the prefab restrooms And that Steve was going to produce some various designs for the planning commission and to peruse and possibly Approve one And so by approving this motion, we are assuming that there'll be another approval for restroom design That's the way I understand it What I'm hearing is you would move forward tonight with the design permit conditional use permit and the initial study But the condition number two would change that the final bathroom design would have to come back to the planning commission before being Got it. Thank you friend Thanks for making it simple. Okay, kate. Yeah, thank you. That's why we have staff Commissioner wilk Um, so that so I seconded it so I agree with all of that stuff. Are you asking me for a boat? Yeah, we're at the roll call now I Commissioner christensen missioner welk I Commissioner riz And chairman also is unanimous. I thank you I look forward to seeing that uh more construction in the near future And that will take us to the director's report. Did you hear that? Yes. I'm just pulling up the slides Oh, okay, you're pondering Okay, are you seeing a single slide on the screen? And the next slide also you are okay, that's what I wanted to make sure was not happening How's that we can ignore it? Oh There now we have one. Okay Okay, so before you this evening with the director's report I wanted to give you an update on the efforts made for business recovery since the In the past two weeks regarding The COVID-9 pandemic Last saturday the county was granted a variance from the state to move further into the phase two so restaurants could open and the health official when taking these when Applying for the variance made it clear to all of our neighboring jurisdictions in the city of capitola that When indoor dining is allowed outdoor dining is a great alternative to make sure we provide adequate spacing between Restaurant goers Stuff worked closely these past two weeks with the bia and the business recovery committee And has developed concepts to support local businesses Right now with the current beach closure within the village We are allowed to have seating on the streets except for the area adjacent to the seawall So i'm going to present to you tonight um what we've That the actions that we've taken to help out in the village and also The actions the new processes available to all businesses within the city of capitola First, uh, we've moved forward. There was an emergency order passed By the city manager this week To streamline temporary uses and planning permits. This was introduced to the city council last week and Had great support and currently under this new temporary use permits the conversion of parking areas Can be utilized for businesses for uses such as outdoor dining or for religious institutions such as churches to move seating outside Also, um, allowing streamlined temporary use permits for takeout windows So restaurants can now request a takeout window with an administrative over-the-counter permit And then other uses to physically for physical modifications to businesses So there's an other category within our streamline permit if a business has a need that helps with the safety and social distancing requirements Under the due to covet 19 we can accommodate that and look at each application as a unique Tied to their unique circumstances So within outdoor dining and takeout windows the city has we I worked on creating standards with staff and We now have an application That and any applications which comply with all the standards can be approved administratively By the community development director as well as the public works director so in our efforts working with the capitol of village bia The the idea to this concept is to maintain access through the village by the automobile at all times Replace public parking that's adjacent to restaurants with outdoor dining areas Also to create additional curbside pickup areas for folks who want to come in and just pick up food from the restaurants So creating more 15 minute spots throughout the village also parking Only removed in areas for outdoor dining and curbside so maintaining parking throughout the village in areas that it's Not necessary to be removed to assist with businesses During the council meeting there was also support for increasing the parking to three hours within our village lots And open parking along cliff drive. So that occurred today And today we also began installing Our benches throughout the city to identify those areas that will be used for dining So on this map you can see the blue areas are outdoor dining areas and working with the bia They they met with each of the individual restaurants figured out exactly what their needs are Um, this map was many phone calls and many discussions to get to but each Each restaurant that wants to participate has the ability to participate They're welcome to come back at a later time and tell us that they'd like some parking spaces But the map you're seeing in front of you tonight is close to what you'll be experiencing Um, it'll probably start getting built out As soon as tomorrow, but definitely you'll see an evolution of our village in the next week So along the esplanade the parking was removed today and There's now a line of benches right in front of the restaurants Each restaurant has space in which they can Utilize on the street this concept it maintains the the availability for the car to move through the village As well as on the esplanade, there will still be parking on the left hand side of the street We've been working with the Hotel for their drop-off pickup location to make that smoother for them as well On san jose avenue. There's three restaurants The capitol a wine bar The hot dog stand there's three restaurants that are going to be taking utilizing space on san jose avenue are the new Tasting room at 111 capitol avenue english ailes which opened maybe two weeks before the kovat 19 crisis or pandemic they're Opening for business and they're also going to have some seating along capitol avenue and then On monoray avenue several of the restaurants and el toro bravo will be utilizing a portion of long way Due to their unique circumstance being on a curve and making sure that patrons are safe We also worked with the bia to create Design and infrastructure standards so that there's one cohesive look throughout the village As we had all of our benches stored up in the upper parking lot over the past couple months We've now moved those down to the village and through the use of nautical rope planters and posts will be creating the bia has been working hard on creating stanchions and will create A nice cohesive theme that each of the pots will be planted with their The posts will be put in the pot cemented and then fill the planter on top with soil and some flowers and And so that's the design and infrastructure and overall look throughout the city We've put standards within the guidance documents that individuals so Restaurants throughout the city are welcome to come in for permits as well for outdoor dining and in the Guidance documents. We asked that the design that they choose to utilize have some connectivity to the architecture of the building and site So just want to emphasis that social distancing and other rules are still in place So there is social distancing protocol that needs to be followed by each of these businesses Right now. It's currently the Six feet of separation between that that'll apply to tables within restaurants Masks are required indoors and outdoors when social distancing requirements cannot be met um, and any business that is Now opening they have to follow the standards put out by the governor for within the resilience roadmap So there's within the resilience roadmap roadmap. There's guidance for all of the restaurants opening up at this time and also for our Bars and pubs and tasting rooms all of those entities Are also included in the resilience roadmap and now must serve food A sit-down a dine-in meal with any beverage. So you're not allowed to go into a tasting room right now and just For tasting you also have to have a sit-down meal So next i'd like to show where to find permits in case there's any business owners Tuning in from home. So on our website at city of capitol on That's not gonna work Okay, well i'll talk you through it on the city of capitol a website under what's new There's the business recovery page. It's the first thing listed and applicants can go to the Can click under what's new under the business recovery page and when they get to that page it'll there's um some Guidance for exactly what permits we're putting in place. So there's guidance for outdoor dining There is guidance for changing out a window for a takeout window and there's also a new It's an agreement that um For each of these applications. It's not a permit. It's an agreement. It's a temporary kovat 19 agreement Um that will be in place through At least for four months with the with the city and then extended every month after in which social distancing is still required by the county so We're not sure how long these agreements will be in place, but we definitely with the investment that needs to go into these improvements We did put a four month minimum so that there's a return on investment for all of these business owners And thank you larry. So here is the capitol of business recovery information page And you can see the temporary outdoor activities is listed and the A couple things that need to be filled out here Um, let's see if I can control So there's Here is the encroachment agreement and then the guidance documents are here And then there's also guidance for abc licenses for outdoor dining So for any business that would like to serve um beer or wine outdoors They will have to Get a catering Yes, the catering authorization permit from the abc. They're turning those around in a 24-hour period And it's a hundred dollar process. So That's what we have currently in place to help businesses. We're also Working towards on a separate note Getting some grant money From the at the state level to help businesses with COVID-19 related overhead expenses So I'll bring you more on that once we actually have our application in and no more But that's your director's report for this evening Thank you. Thanks Commissioner communication Commission Then for me and then for me Okay, um I would like to come back to the issue of the city council considering some uh restrictions on the loss of housing stocks Um along the lines of the mellilac And I guess I was just asked if there'd be some kind of maybe you'll find this way by appeal anyway To the um city council, but I would like to ask if the means they've asked that We'd like I can bring that to them When you give your planning commission report Yeah Okay, anything else If not, I want to thank the staff for um great work in Bringing us helping us through this once again and been a long night So we will adjourn to the meeting in July Thank you Thank you Thank you