 Okay, welcome to the September 5th meeting for the Planning Commission, and we'll call the meeting to order And Chloe could we get a roll call? Commissioner Ruth. Here. Commissioner Newman. Here. Commissioner Christensen. Here. Commissioner Wilk. Here. Chair Welch. Here. Thank you And now we'll do the Pledge of Allegiance Okay, thank you. We have a actually a few people in the audience tonight, so This meeting is cablecast live on charter communications cable TV channel 8 and AT&T Uverse channel 99 I still can't guarantee that's the case But it's also being recorded to be replayed on the following Monday and Friday at 1 p.m. On charter channel 71 and Concast channel 25 Meetings can also be viewed from the city's website at WWWCityofCapitola.org Or I'm sorry and our technician tonight is Lynn Dutton And if you could just make sure your phone is silenced that would be great And if you choose to come up and speak tonight, we're going to ask that you just state your name at the podium there and sign in for us so Next we'll move on to oral communications. Do we have any additions or deletions tonight's agenda? Thank you. We have received three public comments on item 5b 1440 41st Avenue since the packet went out those were distributed to the Planning Commission and are available at the back table Next is an opportunity for public comment this public comment period is for those items that are not on tonight's agenda So if you have an item you like to speak to us about that is not on the agenda tonight This is your opportunity to opportunity to come up and and speak to us Okay, not seeing none. We'll come back and open up for commission comments. It's gonna be a quick meeting Okay, no commission comments. We'll move on to staff comments. No staff comments Okay, that will move us right into item 3 approval of the minutes. We have two sets of Minutes to be approved for a meeting on July 18th and one for August 1 First Yes, I need to abstain from a well why we need to hold it in two bits. Okay, so we'll take them separate Yeah, we'll take them separate so approval for the meeting of July 18. Okay a second All those in favor high and one abstention one abstention Okay, and next for approval of our minutes from August 1st Motion second all those in favor. Hi The next item is item 4 is our consent calendar the items on the consent calendar are voted in one motion normally but we do have One of our commissioners will have to recuse themselves, so we're going to take it in two motions The first motion will do is for items a and c for 523 Riverview to continue it and For 620 Oak Drive I move consent I Do I know what I need to I need to make sure there's no one in the audience is it would any of our planning commissioners like to pull any of the items How about anybody from the audience if I like to pull one of the items on the calendar You can say counter. I do do have a question on the Oak Drive application It's just a question on the on the deck Is the wall fence or the wall screen around the deck is that on just the south side or is it on both sides south and East It's my understanding that it's just on the south side just on the south side and the back on the east side That is that commercial property correct Okay, is there anyone from the audience that would like to talk about 620 oak we can pull that No We have a member that would like to talk about it. So You can come on up is This is the time and so I think maybe we'll pull that item Real quick Yeah, you know, let me let me I'm kind of not messed up in my little organization tonight Let me do this we're gonna we're gonna go on with the consent item So we'll get the vote and then we'll pull that item for you to speak about okay So we're gonna talk about 523 river view for the consent item We have a motion Second all those in favor. Hi. Hi. This is to continue correct to continue. Yes And then the second item would be B which is fan mar and the commissioner Wilk will precuse himself due to proximity So we can that take a motion for that I have a motion to approve Okay, so we have a motion and a second all those in favor hi with one Extension So now we'll move on to item five public hearings, and we'll just move 620 oak is the first item there And as I'm sorry sir, you want to come up now you can Go through the process And something about as you're coming up here Is this a statement or requesting because if we can go formally through the whole staff report? Well, I guess I'm just trying to find out if it's just a simple statement a concern if it's a concern a concern Okay, then we'll just go ahead and do the full staff report and go to the process and then we'll call you up I'll get you up one more time Good evening planning commissioners and chair Wilch The applicant is requesting a design permit to remodel an existing non-conforming single-story single-family residents The remodel includes the addition of a second story and modifications to a detached garage Project is located at 620 oak drive within the R1 single-family residential zoning district project adds 1039 square feet to the residents and 18 square feet to the detached garage This is the single-story residents as it exists today The home is non-conforming because it encroaches into the front and side setbacks Rather than modify the residents under the 80% non-conforming structural Alterations limit the applicant chose to bring the structure into compliance by removing the front and side encroachments Additionally, the non-conforming detached garage will be expanded to meet covered parking dimension requirements proposed height is 24 feet and six inches the total floor area is 2109 square feet that includes the garage The design utilizes shiplap siding on the first story Battened panel and clapboard panel siding on the second story with a raised sea metal roof and clad windows The detached garage is 13 feet 11 inches tall the design complements the residents with shiplap planks siding a raised sea metal roof and clad windows The garage is existing on conforming because the structure encroaches into the required setback the rear setback The applicant submitted the required non-conforming calculation that demonstrates the alterations do not exceed the allowable 80% of the present fair market value The applicant is proposing two south phasing decks on the second story The location of the rear deck allows residents visibility into the adjacent property at 618 Oak Drive Condition number four has been added to mitigate loss of privacy. This includes a privacy screen seen here Along the edge of the rear deck facing the neighboring property the condition also requires the applicant to plant trees along the shared property line Staff recommends the planning commission approve the design permit based on the conditions and findings Thank you Sean any questions for staff the privacy screen solid or is it a screen? it's solid from it's solid from the The rail line, and then there's a semi-solid Screen with slats on this set in the top half Okay, no any other questions for staff Would the applicant like this speed? No, okay, so I'll open it up for the public now, so you can come up and Sorry for the exercise Just so you're I'm Michael Bertoldo. I live at 622 Oak Drive, which is The side which I just learned where the screen is. I'm curious about one thing. Does that go past my deck? Yeah, well, yeah, but so I Have a deck that almost comes to the back of their house right now, so I'm wondering is it gonna go further back? Further back. Okay. Thank you so my concerns are parking during construction and The street is very narrow and we have Across the street next door to me and across the street from the next door house 621 624 and 705 elderly people that have require ambulance or fire almost once a month and We have construction going on right now down the street a ways and they use bigger trucks and It tends to block the road. So really my concern is access for emergency vehicles that means said during construction What I would like is if the contractor and subs could park Down on the strip next to the Union Bank. I walked it off today. It's about a hundred feet And I don't know if you can close it specifically for contractors during the working hours of Monday through Friday That would be optimum and I'm speaking for other Neighbors they all call me but that Would alleviate the parking in front of the house blocking driveways and access again for the emergency vehicles from both sides and I Don't know if they can post signs on the property to Notify subs as they come in through the project I don't know if they'll have a meeting at the beginning that instructions for everybody But if subs come in later that didn't go to that meeting if there could be signs posted, you know, don't block driveway Don't you know be aware of other people's landscaping and The width of their truck That would that's basically it for me. Okay. Okay. I think I have your concern. All right. Thank you, sir. Thank you so You know, I don't know if you want to respond to that. I mean we can bring it back and we can talk about Possibilities with that but if you could come up here and speak then maybe we could just have a gentleman's agreement to Do that or we could potentially make a condition I guess Yeah, my name is Roy Horne. I'm the designer And I've done many houses in Capitola a lot of them very small lots. I'm familiar with the problems In this case The depth of the driveway is 75 foot long So it will just have to organize it. So whoever needs not get out of the job during the working hours is going to part first and I don't know many lots that are 40 feet wide to have a 75 foot long driveway So anyway, that's the best we can do It's gonna be hard to control subcontractors, but we do most of the work ourselves. Okay, but you know to tell them They're gonna park half a block away You know, it was as best we can but we do have parking in front of the house Michael's home, which is right next door. His whole front is nothing but Access first two car garages. So there's no parking in front of this house So we at least have some parking plus a 75 foot driveway. Okay Very good try to be as courteous as probably will be as courteous as possible I will make we'll figure something out, but we have a long they have a lot of parking there just Whoever's going in and out is gonna be parked on the street, you know Okay, thank you any questions for mr. Orton. No, okay. Thank you, sir Okay, anybody else like to speak on this item Okay, seeing none. We'll bring it back for commission discussion We've never Imposed a parking condition. I mean, this is typically a problem Projects on Riverview projects all over the village have that problem and something that we have to live with The sewer project is probably an extreme itself But I think the concern is noted and I think the owners will try to deal with it as best they can But I don't think a formal condition is in order Yeah, I would concur with that. I think it's a gentleman's agreement probably is more appropriate here Yeah, if I may add in order to close a road and make it impassable that They would have to come in and get a special permit through the public works department so there is a requirement to keep the the roads operating and That they if there's ever a parking violation It could be called into the city and we could go out and take a look But they have to follow the rules of you know the parking regulations as well as a closure would take a permit through The public works department and I think if if I remember correctly, we've had this issue before not too long ago on the close by narrow dead-end street That wasn't brought up during our approval, but later there had to be some Meeting with a contractor about keeping it open for the neighborhood and stuff. So I Guess if there it could be complaint driven if there's a problem that way, right? Okay, well anybody else Okay, so we have a motion A second and a second all those in favor and You're approved. So thank you and Michael so you understood hopefully there's gonna be worked out within it sounds like with the driveway that long it shouldn't be a problem. So Great. Thank you That moves us into the public hearing items our first one is 6a Sounds a avenue I need to recuse myself and explain my reason being that I have property within 500 feet Thanks Send somebody out after you This next application Is a proposal for an amendment to a conditional use permit for a takeout restaurant with six seats or less to include beer and wine sales The restaurant is part of the Capitola mercantile located at 115 San Jose Avenue in the central village stoning district In the central village zoning district business Establishments that sell or dispense alcoholic beverages require a conditional use permit The six seats allowed for this use are shown on the floor plan The current business hours are from 9 a.m. To 10 p.m. Daily Alcohol service is proposed from 12 p.m. To 10 p.m. The proposal does not include expansion of floria or seating The applicant must have an approved conditional use permit from the city of Capitola before the Department of alcoholic beverage control will allow The type 41 license to be issued chief of police Terry McManus has reviewed the application and provided a letter of necessity and convenience Which is required by the ABC Conditions one through four have been added to the original conditions of approval to ensure compliance with the original CUP and Responsible management of on-site sale of alcohol in compliance with the ABC The proposed takeout has the same parking demand as the previous retail use and Unpermitted takeout restaurant therefore the project would not significantly impact the existing parking conditions However, the shared mercantile parking lot is at capacity and any proposal to add seating will require either Increased on-site parking or a study to review the parking impacts Staff recommends the planning commission approve the conditional use permit based on conditions of approval and findings Okay, very good. Any questions for staff? And then we'll have the applicant would you like to speak? No, not seeing the applicant one speak. Okay, and I'll bring it back to the Commission for discussion Yeah, I'm just curious because it states in the staff report that This can be either on sale or off sale alcohol So they can buy alcohol at this site and then take it outside and drink it Which is more than likely to occur because nobody's gonna go there to buy alcohol to take home Type 41 is like for restaurants to say you buy a bottle and you drink some there you can cork it and take it home with you That's what it is. Yeah, it's not it's not truly like a Store you're buying it captain take it to go. Probably the majority of alcohol is gonna be sold here is beer Yeah, yeah beer and wine to drink on time with your pizza So if I go in there and I buy a can of beer I can take it outside and drink it outside not legally right, but I can legally take it outside from off the premises to drink it I don't think beer because beer you can't usually close and take with you in the same way you can in bottle of wine I've seen people court, you know, 22 ounce beer bottles, but how are they gonna control that? We don't know That's the ABC's job. Yeah Okay, any other questions? Any more questions? No, that's just my concern because you know, we don't allow alcohol in the village anywhere and public premises and I Realize this is a condition of the ABC rules, but it just seems so like it's Going to add to the problems down in the village Yeah, it does do the other takeout Restaurants serve I can't remember if they have alcohol permits or not Some of our other little restaurants So currently we do not have any to-go restaurants that serve alcohol That are to-go food establishments in the past there was one at At the same location Sorry, he's gonna pull up a slide So Manicomio Which previously occupied Caruso's site was permitted for as a to-go restaurant with beer and wine sales Okay, very good. Well, then I'll bring it back for discussion to see where we're at or emotion I have no more comments. Those are my concerns. Okay It sounds like we have precedent though, this is I even know it's 1998 precedent Well, there's precedence and then ultimately it's enforced by ABC, but I Share the concern we have people grabbing a piece of pizza and a beer and going sitting on the bench and So that would be the concern anybody Come on up Josh Hello friends. How we doing Josh property manager mercantile left coast all that good stuff What I think he means by like to go beverage I think it would be just like you said if you happen to buy a bottle of wine and you don't finish it all Just like any almost any restaurant in Capitola Village. You're allowed to cork it and leave When he says like to go food, I believe he means like just like you said go in there grab a slice Maybe you want to have a beer a glass of wine with it? You wouldn't be able to take it to leave it would be I think he means like Throughout the building or in his establishment, but not just like legally you're not allowed to go outside Just like any of the other bars as well You're not allowed to go outside unless they have a set patio area. So I don't I don't think it's any like special Use where you can just grab and go and carry there'll be people working. They'll be a cashier. They'll be the cooks in there They'll be the bussers in there. So just like every other restaurant, you know They wouldn't allow you to just go outside But if you can go and wander around the building with this with this alcohol How do you control that he can't go out any of those exits? Correct? I mean, it's the same concern that we have with every restaurant that serves alcohol down here There's potential for that to happen Throughout the village and it's usually handled by the host or by the you know other We can't guarantee it no one no restaurant can guarantee it either just they're not take-out facilities That's the only right totally understandable though Thanks, Josh Okay, so I'll bring it back for a motion or discussion I'll move approval Second so we have a first and second and all those in favor Any opposed no and one no, so we have we want to do a roll call real quick Commissioner Ruth no commissioner Christiansen Commissioner Wilk yes chair Welch I and then we have one. Thank you. Yes. Very good. Okay, so that passes The next item we have is 1440 41st Avenue we got commissioner Newman coming back and now commissioner Christiansen will leave she Works for the Represent a future fuse architect so Okay, so we'll do a staff report. Thank you chair Welch Tonight we have an applicant requesting a conditional use permit to operate and expand hot elevation studios Fitness studio within an existing commercial space four-star center located at 1440 41st Avenue in the community commercial zoning district The yellow rectangle here shows the parcel with the building containing hot elevation studios And the blue rectangle shows the extent of the three parcels that make up four-star center Sorry, the blue doesn't pop very well. I tried a different color next time Four-star center is located on the east side of 41st Avenue between Helm and Academy Mortgage Plaza is in capital is main shopping district along 41st Avenue Which also includes Kings Plaza capital mall the Auto Mall and several other shopping plazas For star center is a large commercial parcel with over 300 linear feet along 41st Avenue The plaza is made up of three buildings in a U shape There are 111 parking spaces located in the center and in the back corners of the property shown here in orange For shared use by all tenants the commercial spaces are occupied by a range of tenants Including hot elevation studios Verizon max muscle Melinda's bakery rain salon and Tracy's nails the largest commercial space in four-star center However, the 15,568 square foot rear building, which was formerly occupied by outdoor world is currently vacant Hot elevation studios, which offers cycle TRX bar yoga and Pilates classes currently occupies sweet e and sweet h shown here They're proposing to expand in a sweet g which is in between their two existing locations, which was formerly occupied by a massage business The expansion involves in an interior remodel that combines sweet e h and g and no exterior changes are proposed With the additional space the applicant is proposing to increase their class offerings from 64 to 90 classes per week Under the capital and municipal code a fitness studio is considered a personal service establishment And personal service establishments Entirely within enclosed buildings that occupy more than 3,000 square feet of building area require a conditional use permit Within this zoning district the proposed fitness studio after the expansion will be 4,090 square feet Inituring a CUP for the fitness studio the planning commission may impose requirements and conditions with respect to location design Sighting maintenance and operation of the use as may be necessary for the protection of the adjacent properties and in the public interest The parking section of the zoning ordinance does not have a specific parking requirement for yoga or fitness club type uses So in order to analyze parking impacts Kimley Horn was contracted by the city to prepare a parking study Utilizing various parking demand rates and standards the study found that an inadequate number of parking spaces are forecast to be available For the proposed project within the retail center based strictly on the city requirement and industry standards However with mixed tenants at strip malls parking utilization is shared and has different peak times Therefore the net demand for parking is usually less than what typical requirements would indicate Therefore as such an actual parking count was conducted to verify availability of parking spaces on the site during peak operating times of the yoga facility Parking occupancy counts were conducted at 10 30 a.m. And 5 30 p.m The times representing the peak parking demand period when an overlap in hot elevation studio classes would occur The 5 30 p.m. Survey time also happens to be the typical afternoon peak hour for commercial and retail land uses With project implementation and without including the parking demand of the vacant outdoor world building The shared parking lot is anticipated to have a total of 94 occupied parking spaces or 85 percent of the total and At 10 30 a.m. 88 space occupied spaces, which is 79 percent of the total spaces Therefore the existing parking lot with a vacant outdoor world building can sufficiently accommodate the additional parking space demand for this project Obviously, we also wanted them to look at with outdoor world or something in that space as well So an alternative parking analysis was conducted to account for the proposed project plus The outdoor world use in that space The vehicle parking demand for the vacant outdoor world retail store was calculated using sporting goods superstore average parking rates The retail parking demand is approximately 14 spaces for the 10 to 11 a.m. Peak hour and 19 spaces for the 5 to 6 p.m. Peak hour Therefore the project implementation the shared parking lot is anticipated to have a total of 108 occupied spaces 97 percent at 10 30 a.m. And 107 occupied spaces 96 percent at 5 30 p.m Therefore the existing parking supply could sufficiently accommodate the additional parking space demand from this project Even if the outdoor world store was still open However, because the largest commercial space in four star center is vacant and the use type of a future occupant is unknown Staff recommends that the planning commission include the following condition of approval and bear with me. It's kind of long And by the way, the addresses of the other two buildings are 14 20 and 14 30 so Parking for 14 20 14 30 and 14 40 41st avenue is provided in a shared parking lot to ensure adequate parking for all tenants At those addresses is provided on site a parking study shall be required for any future tenants or tenant expansions That caused the cumulative total parking demand for the businesses on the site to exceed the 111 parking spaces provided The owner has indicated future plans to increase on-site parking with eight additional spaces Which would increase the total on-site parking to 119 spaces Threshold for a parking study shall increase to a cumulative total parking demand greater than 119 spaces if the additional eight spaces are constructed So that staff recommends the planning commission approve project The project with the additional condition based on the conditioners of approval and findings Thanks matt any questions for staff Those three buildings owned by a single landlord. Yes So, um, he's aware of these additional conditions and doesn't have a problem with That with those. I mean if I was the landlord, I would be wondering. Well Maybe and maybe I don't know that you've imposed these conditions Maybe I don't want to approve this yoga studio or whatever because now you're you're having trouble now I won't be able to rent out outdoor world, right? So I just wanted to respond to you with this whole This whole shenanigans We spoke with the owner's representative yesterday, uh, both community development director Hurley. He and I And expressed, you know, our concerns about the situation. We, um, read them the text of the of the Recommended condition that we were going to recommend to you guys And they were okay with us moving forward with this approach Thank you I'm not really understanding the condition very well so what you would look at is what the Capital and municipal code requires for the particular use To see whether or not a parking study is required like if we're outdoor world. I think it was 52 spaces would be required but Kimberly horn said they only need 14 Um, so if it's more whatever use almost almost any use is going to have the one space per 300, isn't it? I mean, do we have any what kind of use would not have that? So no most most uses will come in at one space per 300 The the idea here is that because it's a mixed use center They'll study it and make sure that the types of uses will have will work together No, I get the idea of a parking study, but I don't get the condition because it's always going to require a parking study Um, so instances in which it wouldn't typically if if retail replaced retail right now It wouldn't require a c up and therefore we wouldn't To really take it to planning commission have a study But this if if a retail establishment comes in and they don't meet the parking on site a study would be required And you lost me there again, so let's let's let's take an example a mattress store moves in Now how does this work? So a mattress store would be calculated at one per 300 and I'm Assuming that would be over the The limit the the 111 parking spaces, so therefore we would hire kimly horn to do the analysis To ensure that the mattress store could be I can't think of any use that wouldn't require the parking study So the condition should just say That a parking study is required for that to fill that space because I I mean I There's no use that i'm aware of in our code for a 15 000 square foot building That requires less than what is it 20 spaces would put you over the limit Yeah, the only one that is a whole sale Can go in there without a parking study a whole sale establishment So such as I think there's a hair product establishment next to pier one that people can buy bulk hair goods there that a warehouse Like a warehouse. Yeah This condition is written to cover the whole center too So what we're thinking with that I think is that you're focused on obviously the largest space in there But we're talking about maybe if like max muscle went out and was replaced with another retail That wouldn't require a parking study because it's already factored in at one for 300 It's a much smaller space. So that that's an example of one that would not require a parking study under this Okay, any other questions for staff? Is the applicant here would you like to Would you like to speak to the commission? Maybe There we go I'll say good evening. Um, my name is neah lewis. I work for fees architects and we're representing the client Um, who's been running a very successful yoga studio in capitola and enjoys working here. So Just wanted to say good evening. Okay. Thank you very much So if we don't have the property owner here, I guess so then I'll any other Individual like to come and speak on this item No, I'll bring it back to the commission for discussion Yeah, I was a fairly regular customer at outdoor world and All those times during the day I've been there and I've always been able to find a parking spot. There might only be one left or maybe two but I've always been able to park so I don't think this is going to create anything different out there that has existed in the past Okay Well, I just want to acknowledge the The comment from the neighbor who was complaining that already there's spillover of parking And his adjacent because I was over there and yeah, the the lots all kind of connect and it's easy to It's crowded to spill over into parking that's not For at four square center But I don't know what else to say other than I feel for him somebody making an opportunity to make an agreement with the business owners there to Sell some overflow parking So first I've got a couple disclosures to make on this one is that I've been a Satisfied patron of the business for quite a long time, although I still haven't mastered my forearm stand Um It's a really great very well run business I think it's terrific. Um I also if the neighboring property owner who Submitted some concerns to us were actually an applicant I would have to recuse myself because I have a business relationship with that party But because they're just a public comment I can still participate, but I wanted to disclose it So I I am concerned about that overflow parking since I know very well the The parking situation there And it sounds like the business has made efforts to keep the People using the yoga studio or hot elevation studio from not parking in that area And I think that that effort would have to continue Uh, I really honestly I found the kimberley horn study not very helpful in the whole approach To it seems like we're talking we're putting peas under pod and I can't find them Here because they keep changing around from the code section what it requires to what a parking study requires to what? A parking study in minnesota says to I mean the whole thing is that seems to be a sleight of hand, but Nobody gets hurt for there's no street parking here So we don't have to worry about people overflowing onto the street The only thing we have to be concerned about is the one neighboring property owner I think and then this this shopping center can do whatever it wants as far as But I do have I'm going on here I do have a thought about mitigation and I don't I probably doesn't work for the business But I'll throw it out anyway, which is the real crunch comes When the class the classes are an hour an hour and a quarter and there's 15 minutes between most of them Although there's a three hour gap in the middle of the day You have pretty good organizer with this so The problem comes because this is not a regular yoga studio where people Finish their yoga and then just jump in their car because they're just beat they're beat up So they it takes them a while to exit. So that 15 minute Gap between classes is what causes the parking crunch because the people in the in the previous class have not left yet Their cars are still in spaces and the people in the next class have arrived So And if you'll notice at the four o'clock class, it's not nearly as severe of the parking Because you don't have a class leaving So if it were possible, and I know you don't want to mess with your schedule but if you're going to read be redoing the whole thing if it were possible to make the Interval between classes a half hour instead of 15 minutes You would tremendously mitigate the parking problem there In my observation of having lots of templates at the yoga studio So I don't know if I just throw that out. I don't know that we want to make that a condition But it would really really help the problem That was free advice by the way from an attorney. So that's pretty rare I I right now. So I look at it really that currently even though I went to the kimberley horn Discussion and presentation and findings The current issue to me is today. It's going to be We're going to get by it's when they this new outdoor world decides to Find a tenant for that's when we're going to have really an issue to have the discussion. So Currently I think You were given some great advice maybe on clearing up some of the parking issues, but It seems to me today It's it's kind of passing. It's the property owners I guess issue to have to deal with at some point on what they're going to do when they decide to Find a tenant for outdoor world. So I don't have a real problem with the current conditions. I understand your concerns about I'd like to propose and see if see if some of the other commissioners are willing to go along with the condition that Imposes the responsibility on the business to make sure Attempt to make sure that the patrons don't park in the adjoining property Either by signage or whatever it takes That's good. I have a question that could be related. Does this center have a master plan? I am not aware of a master plan if it was developed with the TV Master sign plan, but I don't think they have a master plan yet So we could impose a condition on the center as a whole, correct? So Something that I was thinking of is, you know, they in our conversation yesterday They talked about moving forward with eight more spaces. They've hired an architect. They've identified room for eight more spaces That could be a condition on this permit where they are short on parking If they do come in for that, I think it's just an administrative review. It's um That wouldn't have to come to planning commission, but so well, I was going to ask what the master sign plan program To add additional I was that's for business signs, but does it include signage for parking? Howard can we put that in it's going to affect the whole complex if we put that as a condition Yeah, so Directional signage does not need a permit for to come before planning commission So they could put up directional signage and we could definitely add that as a condition What I would like to see is this is a conditional use permit, which means that it's always subject to review and potential Penalties So I would like to see a condition that says basically that the business will See to it that their patrons do not park in the adjacent property and if if the adjacent property owner Finds that's not happening and keeps contacting the city then that would be something to take up with the owner Yeah, but I'm thinking too add that if People are using the other parking lot. It may not necessarily be be related to this business It could be related to some overflow parking from another business So that's why I'm thinking if there could be a condition placed on the whole center rather than one specific business That the whole center doesn't have a conditional use permit Well, I mean that's essentially what we were doing with this parking requirement was saying that they've almost maxed out their Parking on this site. So any future business that comes in will need If they're going to intensify the use on the site, they'll need a parking study. So I think it's reasonable. I think it's one property owner. It's Well, they have an office building with lots of Lots of offices there who come and go and need their parking and have a right to expect to have their parking even during peak exercise periods So there's already signage there. Uh, that says this is parking for the office complex so Isn't there already laws or ordinances that limit the overflow parking? If I mean if the it's already there's already signage there. It's very difficult to Deal with that from the standpoint of a property owner if there's ongoing people are very Selfish about wanting to park their own vehicles when and where they want to and they'll say well, I'm just going to be a minute And you don't want to put that on the property owner whose property is being Misused But but to mix point It seems that It's difficult to pin it on the yoga studio as well How come they're suddenly responsible for Whoever parking in that spot You know the the owner could complain that there's a lot of overflow parking ever since that new addition But that's not necessarily their problem. That could be because suddenly melinda's bakery is Going business is going through the roof or something. I don't know Yeah, I don't think that's realistic. I think realistically they uh, but the well The owner would know When people are getting out of their cars with their yoga mats who's I mean They're not going to be going to those other little stores there as much or horizon Would you like to try to form a motion with your condition? Yeah, I don't know if I'm getting any traction here or not, but I understand what you're saying, but I think with the implementation, that's all I'm just trying to imagine being the yoga student owner and having to go out there and police That was fine by if I may more of a center issue than one specific business Within this conditional use permit chapter of the code There is and within our conditions if there's ever an issue and it's a repeated offense It's built into the code that we can bring it back to the planning commission. So that is part of the code Yeah, so we need a condition that Would cause it to come back to the planning commission And I I don't even think you need that condition I think it's already built into our ordinance, but if you want to re-emphasize it. Yeah, I mean I guess I'm not 100% comfortable pushing this down the road until somebody comes in with an application that outdoor world And then dealing with it at that point. I mean there Well, you know that so for me I kind of see it. I hate kicking the can down the road, but at the same point I I'm kind of on the fence too. I agree that it's not the Applicants responsibility. It's the business center's responsibility to meet the parking requirement requirements The property owner has agreed to expand the studio and give them a lease meaning he's acknowledged accepting that parking requirement on top of The additional required parking which they currently meet. So the fact that he has a vacant tenant is So how about this? This is pretty Mild some sort of condition that that says basically that the Business owner will exert reasonable efforts to assure that the patrons of the business don't park in the adjacent property That's not replacing this condition. No, okay That being acceptable I'm okay with that. Yeah, that's fine This is reasonable. Okay So you want to put that out of motion? Or was that the motion? Well, I'm just throwing that out as an extra condition and I will move approval With that condition and the additional condition That the staff has recommended and all the regular conditions that are in the staff report Okay, so we have a motion with the new stated. Did you get the new condition written down? And staff's conditions. Do we have a second? I'll second. I have a second all those in favor. Hi Congratulations on your expanded yoga studio Thank you Okay, that brings us to the director's report Thank you This evening. I have a few exciting things to report Last Tuesday we got an application for the new Capitola town square A mixed use development at the location of the mall. So that is in We're moving along pretty quickly with our new team. We've last Two weeks ago at The city council meeting we signed contracts for jhs Planning John Schwartz will be the planning will manage the project through the planning process And we also signed a contract with cosmon to do the economic analysis next week Another contract will be reviewed by the city council for dudek to do the environmental review on the mall application And we're looking at bringing forward a conceptual review In either october or november Of which i'm probably going to be asking you for your second meeting In the month. So look at your calendars block out the third thursdays of those two months Just in anticipation the plan development application has a requirement for a conceptual review ahead of the actual application review so you will be going through the The exercise of conceptual review of the mall at this point we have the application in as soon as We've provided them comments and feel that we have all the necessary information We'll disperse packets, but at this time we want to we're still under the review process Now before you go on should we have called christine back Courtney and She Sorry about that. So the exciting news, Courtney, i'm sure you heard from Okay So we're moving along and we'll be uh, i'll be giving you regular updates on timelines and for that project So that's exciting. There's 637 new residential units Within the project and also the overall total score footage of commercial is slightly over 600,000 square feet Um, i've also put out an rfp for a design professional to review the project And it's under our new code In which we hire an outside consultant to do the design review process So we're hoping to get kind of a design slash architect group to Come in and look at the project holistically And that may happen before the at the same time as conceptual reviews. So you have some How do you put out an rfp like that? Do you just put it online and or is there a targeted audience? I put it online and i'm required to Provide it to a minimum of three consultants that do similar business So yeah, so i have it online and you're welcome to look at it and distribute Next on august 22nd the city council reviewed the hotel conceptual review and that was a successful meeting I think i just want to thank you all for the um the great feedback that was provided constructive Feedback and we had a similar Um Constructive feedback during the city council meeting Uh, the city manager and I are meeting with the developer in the near future to talk about next steps And whether or not they'll continue to take that feedback and put it into plans in terms of circulation parking and all the great feedback they heard so Thank you for that and That concludes my updates. The next meeting is on october 3rd Yeah, there's a lot going on Um, okay time for commission communications Just question on this once and things so they've expressed a desire to continue They've expressed a desire to meet with us and talk about the future of the project so I'll know more after that meeting Okay, any other comments I'd like to just to close with you know recently we had some question about one of our commissioners ability to be on the commission and So just You know, there's not much in the audience, but for those who are watching that's going to be reviewed by the city council but currently the commissioner meets all of our requirements by the city And um and beyond that, uh, I think bring some skill sets that um are at an advantage So understanding plans architecture The community so the person's either lived or Worked in the city for 20 years. So it's not like it's a someone new to the area She lives with a few blocks outside of the city limits and currently meets all of the requirement so I don't think the city council has yet aginized a date for that hearing to have that discussion, but that will be upcoming so Anyways my support for the The commissioner to continue with that. I'll adjourn the meeting. Thank you