 Okay, I'm going to go ahead and call to order tonight's meeting of the city of Santa Rosa Planning Commission and ask for a roll call, please Let the record reflect that all commissioners are present except Commissioner Carter Okay Next we move to the approval of our minutes first. We have September 12th 2019 any Comments or corrections on those Those will stand as printed Next is September 26th 2019 And those will stand as printed also Next we're going to move to public comments Which is a time for any member of the public to address the Commission on matters of interest to the Commission that are not listed tonight as a public hearing and I Want to advise those of you that are here. We are Trying some new electronics tonight for our voting. So if we're a little bumpy, that's why it's new to us. So have patience and You don't have to have filled out a card to do public comments And I don't have any but I'm going to go ahead and open public comments if you want to speak you move to one of the two microphones at the top and I am not seeing anyone move. So I'm going to go ahead and close Public comments and move on to planning commissioners report any Reports tonight vice chair weeks Yesterday there was a meeting of the subdivision committee of the Planning Commission and at that time we approved the waiver of a parcel map and Certificate of compliance for 2789 North Point Parkway. It's dividing the Property in two and there's an existing building on each piece That's all they have to report. Okay No other reports Okay, next is department reports The only thing I have to report is that I think most of the commissioners probably know the city's activated It's emergency operation center with regard to the plan power outage as such a number of planning staff are currently there So tonight I will be taking Claire's role as your liaison and I will also be taking Susie's role Presenting the first item on the agenda Okay, thank you and Thanks to all of staff that man's these emergency operation centers, you know, you do is such a good job. So Definitely appreciate that Okay Next we move on to statements of abstention by commissioners Any abstentions? I will be abstaining from item 10.1 due to a financial conflict. So vice chair weeks will be manning that item And we have no study session. We have no consent items. So with that, we'll go ahead and move on to the public hearings tonight and Vice chair weeks will give me the opportunity to leave the room So item 10.1 is the matanzas alliance conditional use permit and it is an ex parte hearing so commissioner Kahlia I Visit the site have nothing further to disclose. I Also visited the site. Excuse me and have nothing further to disclose. I Visited the site have no new information to disclose. I Have nothing to disclose and I also visited the site and have nothing to disclose So mr. Rose would you like to go ahead? Surely, thank you vice chair weeks and members of the planning commission The item before you is the justice grown dispensary conditional use permit and this is located at 1111 Petaloma Hill Road And just waiting momentarily to see if the PowerPoint will load. There we go. Great So as I mentioned, this is a conditional use permit the site This proposal is for an approximately 7,000 square foot cannabis retail business This image here shows that it's an existing building. So this will be a reuse So the project site is located in the southeast quadrant of Santa Rosa It's just to the west of Petaloma Hill Road and just south of Barham Avenue Perhaps if I can recommend a five-minute go ahead and take a five-minute break and see if we can get that fixed What that that's our president I We're just waiting for Some hard copies of the presentation to be run so that we can provide that too Public as the closed caption Systems not working today. So just hold on a few more minutes. Thanks Mr. Rose great, thank you, and We're also placing the presentations up at the public counter at the entry door. So As I was mentioning the site is located just south of Barham Avenue to the west of Petaloma Hill Road And as we come in a little bit closer You can see the two frontages you can see it's Essentially one building that has two components and I will describe those in a moment It takes access off of Barham and this is the proposed site plan the access as I mentioned comes in off of Barham It's a one-way access and then a one-way exit out onto Petaloma Hill Road The dispensary building is in the portion of the structure that is closest to Petaloma Hill Road and then the segment of the building that is closest to Barham is for a Community benefit type use it's indicated and described in the written staff report and the applicant can describe that in more detail And then you can see where the parking is spread throughout the site So the applications were submitted in April of 2018 for a conditional use permit in May Staff held a neighborhood meeting and then later that year in September the designer view application was submitted This image shows the general plan in the zoning the top right corner is the general plan map And you can see indicated by red is the retail and business services designation It's in an area that's predominantly that designation and then in the lower left of this image is the zoning It's a general commercial zoning district and that is consistent with the general plan So the zoning code has a number of operational standards that are required for Cannabis retail uses they relate to employment odor lighting noise security delivery Parking and then the dimensional requirements with regard to proximity to schools and other cannabis facilities retail facilities Staff has reviewed this project against all of those standards and finds that it's in compliance with all of those The use permit has six findings and I will go through and summarize those The project must comply with all provisions of the zoning code It must be consistent with the general plan. It must be compatible with existing and future land uses in the area The site must be physically suitable for the indicated use It must not constitute a nuisance and it must comply with the California Environmental Quality Act Again staff has reviewed this project against all of those findings and has concluded that it does satisfy all the findings Specifically with regard to sequa for exemptions apply Two of those are related to the minor Nature of the project in terms of the change of use and the modifications to the existing building Project is also an infill site so it qualifies for the infill exemption and then lastly as I've mentioned the project is consistent with general plan and zoning Several comments were raised at the neighborhood meeting. Those are related to hours of operation security traffic parking and proximity to residential uses staff has reviewed this project against all of the relevant Requirements and zoning regulations as well as the policies of the general plan Has considered all of the input from the neighbors and at this point there are no unresolved issues So in conclusion the Planning and Economic Development Department recommends that the Planning Commission approve a conditional use permit for cannabis retail use at 1111 Petaluma Hill Road And I'm happy to answer any questions Do the Commissioners have any questions of staff before the applicant is their presentation? Okay, thank you very much vice chair weeks and members of the Planning Commission We do have as is my usual custom a PowerPoint that I am stalling for time for Can you introduce yourself miss I'm delighted to Aaron Carlstrom With Kelly Carlstrom and noble we're here on behalf of the applicants And I think this is almost my last appearance in front of you from the first round of Cannabis retail permit applications Here we go I think the closed captioning is working For the Commission's information Do I click or wave or are we ready? It's always something right there we go Okay, so Once again Aaron Carlstrom here on behalf of your applicants Matanzas Alliance LLC is the corporate name the project name of course is Justice Grown This is for their dispensary operation on Petaluma Hill Road We're grateful of course to your staff's attention to this project and to bill for pinch hitting We will move quickly through this cognizant of your time constraints for the rest of the evening Here we go This project in particular and this applicant team I'm very proud to represent them Justice Grown is a national company operating in a variety of states But this particular project is very california very northern california. I know that's a lot of very dense Text there on your screen But we want to bring to your attention that all of the officers For this project are northern californians and they've been associated with and responsible for some of the north bay and particularly santa rosa's most most popular Most highest performing cannabis businesses in the community They've been operating with compliant facilities in Sonoma county since 2017 and their Team leaders are associated with Sonoma county cannabis advisory committee the hemp advisory council Sonoma county conservation action fund the san francisco cannabis task force and Sonoma county growers alliance among others As you can see they spend a lot of time telling you The very cool things that they are about to do for our community. I want to call particular attention to the beautifying of the local neighborhood As well as their community impact area as you saw in the slides that bill presented to you A large portion of the facility is going to be dedicated to The use of nonprofits in our community in particular this project has partnered with verity Who will be using the facility for board meetings in order to expand their service offerings to our community? Knowing as I do that the commission is particularly interested in this component We'll get to it later, but I'm I'm delighted to report that this project has entered into a labor peace agreement With teams here's joint council seven and forty two A representative is here on on behalf of that organization and due to the size of justice groan and the tanzas alliance It is my understanding that they are the first statewide Company to enter into these agreements 22 employees are slated roughly at this facility justice groan itself employs more than 100 members of our community And they will be the beneficiaries of this partnership with teamsters so When we started to look again at this presentation This project like all of our retail projects did come through The city's very rigorous competitive process This project was in a cluster of five And scored the highest of all of them The city staff We believe obviously made the right recommendation of this project from amongst that cluster But one of the things that was compelling at the time Was the community the community commitment That's justice groan and its team members evidenced in the last go round of fires that impacted our community And I am certain that their commitment remains so today Very unfortunately timely that we are once again reminded of that danger and that the importance of community minded leadership in our city You I believe have before you in large format renderings of the development plans for this building You are probably familiar with the building itself as it currently stands I know the majority of you indicated that you have at least driven by the site Here is The current plan for development of the building Once again commitment to both the community impact area making space in this facility available to nonprofits in our community as well as Focus on Employees and I think it's important to point out that these slides actually were developed prior to entering into the partnership with the teamsters and so you can see that This company this group is very committed To the health and well-being of their employees There's some data on the screen there for you giving you an idea of how many and how well they're going to treat them A smattering of the organizations with which their team members are either Affiliated board members or volunteers including americans for safe access Sonoma county growers alliance conservation action fund for education the farm bureau and of course verity as I highlighted I'm going to turn For a moment To barry wood who is to my right and he is going to be the general manager for this facility to offer some insight Hi, I'd just like to introduce myself. I'm barry wood the general manager for justice groan I've been been employed in the licensed canvas market for 12 years now I started in 2007 as a founding Board member of the peace and medicine dispensary in sabastapool And then in 2011 we expanded into santa rosa and I was the original licensee At 1061 north dotton avenue here in santa rosa for the following five years The pym dispensary the peace and medicine dispensary model has been imitated nationally as the model in the industry and in 2016 we merged with We merged peace and medicine with spark dispensaries and after overseeing the merger of the two organizations I left the daily operations in 2017 and joined justice groan Working with them to develop our sonoma county operations And I look forward to creating an exceptional dispensary to serve santa rosa and the greater community here Thank you Thanks barry a variety of the other team members are also present in chambers today Mr. Hayes chris hayes, would you please raise your hand let the commission know who you are chris is our uh, is excuse me justice groan ceo shavon brady vice president over there in the in the the cheap seats and Sarah schrader is also here. Uh, you're familiar with miss traders work with americans for safe access Sonoma patient group. We're delighted to have her as part of the community Uh, how about justice groan employees? Give it a wave everybody's here. They're all very excited to be working in santa rosa And uh, that is not part of this presentation. Actually, yes it is weird talked about it With that We are Delighted once again to present this project to you We would ask that due to the project's very vigorous vetting over the last year and a half It's recommendation of approval by your cannabis subcommittee as well as your staff that you approve the use permit this afternoon We are here for any questions and thank you for your time Do the commissioners have any question of the applicant? Um, I I have one and that is can you describe uh The mission of verity for those who don't know what verity does I'm I'm delighted to but i'm going to turn that over actually to shavon Who I believe will likely be able to better articulate their partnership Can you just sorry shavon wait one sec till they get your microphone on? Right. Okay. Yes. So verity is our local rape crisis and domestic abuse prevention center They've been in the community for quite some time and the community impact area will provide them space to Expand their services with additional trainings and space for their board members to meet monthly and potentially quarterly Thank you Okay, so uh, this is a public hearing You don't need to have filled out a card to speak at this public hearing If you would like to speak go to one of the top podiums and You have three minutes um as commission, I mean as chair sisco said we're Using a new voting system and it has a very loud buzzer when your three minutes are up. So just want to Give that a heads up. Uh, so if you would like to speak if you could state your name for the record That would be great. And let me Go ahead and open the public hearing Thank you. My name is linda shian I live right next door to this project I've been trying to keep an eye on it, but sometimes i'm working and I don't get to the meeting um I was under the impression that they didn't have the parking they needed and that they were going to get outside parking, but He says below the gentleman. I don't know his name That the parking situation was taken care of um, I made some requests about some fencing uh to protect me from Somebody deciding to rob the place And they said they could not deal with the fencing I needed because of the planning department It wouldn't fit your ecstatic view They're saying that all the problems have been addressed I'm not hearing that the problems are being addressed for me When it first came out they said that they were not going to be doing um deliveries Which means that the warehouse in the back would not be a storage place for pot But it turns that I have been deceived and now they are doing deliveries And so it is my assumption that they will be using the warehouse in the back the store pot Which means there'll be a lot more drugs there than where before and become more of an economic incentive for somebody to rip the place off My safety has not been addressed Nor my grandkids safety or my family's safety and I live right next door So it is a concern for me Everyone thinks it's no big deal, but we have seen problems in other locations where people In these impoverished times decided they want to make a quick buck And I don't feel safe We're something with so much money That is easily sold on the black market To be right next door to me I don't know if any of you are living next door to something like that Whether you would like it next door to you ask yourself that before you vote for it Would you like to be living next door to this Without any safetys or securities that I feel that I need and I didn't ask for that much Thank you machine. Is there anybody else who'd like to speak uh during the public hearing? Seeing no one else rise i'll go ahead and close the public hearing And uh mr. Rose do you want to address Some of the questions or the applicant which way would you like to go? It sounds like maybe there were some discussions with the applicant and the neighbor perhaps related to the fence So I would defer to them. Okay. Ms. Carlstrom Thank you. Thank you very much. Vice chair weeks with respect specifically to the fencing It is my understanding that miss shian had previously requested a cement Wall in the form of a fence The applicant was instructed that under city design regulations and other codes that that would not be allowed That instead an opaque or see-through fence would need to be constructed I can also answer that with respect to the delivery Services that the applicant does intend to engage in delivery services and that is part of the application And the parking Was the other question right as the commission will see in The project packet Under city code the project is technically under parked However, there is a traffic study provided to you by w-trans that indicates a reduction is appropriate And that the project would not be impacted by this reduction Thank you staff. Do you have anything you'd like to add sure just one additional thing So the project in addition as it relates to parking and safe operation It's been conditioned to install a rapid flashing beacon to provide safe safe access for pedestrians Crossing from the east side of pedal on the hill road. Thank you So commission questions You have a question for the applicant. I mean can you um, I don't want to hear any secrets of your operation But can you assure miss shian that there what is the warehouse going to be used for story in marijuana? We actually were just discussing that back here. So i'm going to invite one of the representatives of the applicant team And and yes, of course, there are always security concerns that are inherent with these projects. So It is our intention of course to address these concerns publicly subject to those constraints. Thank you So the warehouse in the back will not be used for storage of medical cannabis products Or inventory for that matter that Area will be used for additional parking for staff so all Cannabis commercial cannabis activities will be happening within the dispensary On the premise diagram the front portion of the dispensary the delivery vehicle coming to and from the dispensary Will load into a secured locking gate And the exchange of cannabis goods will happen inside of the licensed cannabis dispensary And thank you Vice chair questions, uh, could we get a the diagram of the the Land the plot up on the screen again just briefly to kind of put some meat on that explanation So Do you want to ask your questions of? I just wanted to follow up on the the fencing issue just so i'm i'm completely clear on this So when we're talking about the fencing that it's at that is an issue there will be a fence Just not a concrete fence There will be a fence there will be a metal fence However, it's um, i'm under the impression that a concrete fence would not be permitted per city of santa rosa building codes Michigan, um, you've had your three minutes. I'm sorry Thank you Perhaps uh, miss carlstrom. You could show us where the fence would be Or describe where the fence would be miss sheen, please Uh, we are actually in the process of Finding a visual depiction for you in the hopes that that might thank you color the discussion And certainly for the commission's purposes A fence a wall will by no means be The exclusive security protocol implemented for this facility as you have seen Many times, uh, the these facilities are subject to some of the state's most stringent security requirements So And i'm willing to this photo the offensive issue is pictured along the The rear of that photo is that miss sheen, please Please The photos are circulating if i could ask the applicant without giving away any key information Could you briefly summarize the additional security measures, whether it's on-site security motion activated lights etc Delighted to the state state and city regulations require both on-site security presence as well as digital surveillance security will be provided Uh Security patrols will be provided by Weinstein security formerly russian river security Surveillance will be provided by stanley security And i don't know if the applicant wants to add any additional detail, but i i'm hopeful that that suffices Um, I also just wanted to validate miss sheen's comments The fence that she is speaking of is not featured on these pictures here But you get an idea of the fence that we would be installing The space that she's speaking of is between the warehouse and the main l shaped building in that blue line there With that Quick corner is where that additional fence would go Yeah between the the parking of the warehouse and the main building Thank you, miss sheen peters any other questions of the of the applicant or the Our staff, um, would somebody like to Move the resolution if i can load it i will i can't it's not on my i can't get it on my computer yet I'll move if we should just do it the old way unless it's not working. Is it showing up on your system? I've got it on my computer. Okay. Yeah I'll move a resolution of the planning commission of the city of santa rosa making findings and determinations and approving a conditional use permit and parking reduction for matanzas alliance llc dba justice grown dispensary to operate a 7128 square foot cannabis retail facility dispensary Located at 1 1 1 1 petaluma hill road suite a santa rosa file number prj 1 8-05 8 and wait for the reading There second I second okay, so that was moved by commissioner duggin and seconded by commissioner peterson Uh, and any more comments commissioner calia I uh, I see that the application was well put together and I appreciate the the community space that's being provided by the applicant And I can make all the required findings that will be supporting this project Commissioner duggin I too can make all the required findings. I'm happy to hear the applicant Help miss she and understand that there will not be any stored Cannabis products in the warehouse and that there's going to be a fence on along that line But otherwise I'm in favor of the project commissioner peterson Uh so For people that aren't here every other week the way Those of us up on the dsr. Uh, we've seen now several dozen projects like this They tend to raise the the same kind of concerns about neighborhood neighborhood compatibility The security procedures and just sort of the the presence of of cannabis in the area And I think it's a completely reasonable response to Still relatively new market. Um, but what we've seen at least From my perspective up here as Cannabis has been legalized introduced into the santa rosa community Is some really well put together projects that have some maybe a little bit counterintuitive effects and one of those Um, in particular is security. So I think it's It's again totally reasonable to Assume that something like cannabis could attract crime But what we've seen with These security requirements of these types of projects is that having people there and having the surveillance cameras the activity the lights Just people out and about can have a really beneficial effect on areas that otherwise are dark empty subject to a lot of potential Bad activity because no one's watching. So I think in that sense These projects again a little bit counter counterintuitively can actually improve the security of a neighborhood and I think Having visited this site and having Spent a lot of time reading the very extensive project narrative put together by the applicant I think this is one of those projects that I I do in fact feel comfortable Supporting and I to answer the question from the public earlier. I would be comfortable living next to you. I think that these these projects Are new and that kind of change can be Difficult, but I think that projects like this are Becoming more routine and this one in particular I think is as well put together and I'm very hopeful that it does in fact Contribute both economically to the the area provide good jobs the peace agreement the labor peace agreement And also to the security of the neighborhood by just having people out and about Having more activity and having that actual security presence there with an eye on things 24 hours a day. So Um In my view this this project Uh, I can make all the required findings and um in in support Thank you. Uh commissioner kripke I concur with my fellow commissioners and can make all the required findings. We'll be supporting the project And I also can make all the required findings. Um, it's Solid application and I really appreciate the fact that you're partnering with the local non-profit Uh, so with that The motion was Moved by commissioner duggin and seconded by commissioner peterson and how do we vote mike? Let's go ahead and do it by the lights because it's not showing up. Okay, so uh, we're going to do it the old-fashioned way So as I said that that was moved by commissioner duggin seconded by commissioner peterson Please vote Yeah Do you want us to do it both ways? Okay Okay, so the motion passed with five eyes one abstention Chair cisco and one absence Commissioner carter and we'll take a five minute break to switch Chairs and to switch applicants. Thank you Okay, I'm going to go ahead and call the meeting back to order And we will be moving on to item 10.2 Which is the emerald isle condominium's planning project. It is an ex parte disclosure Mr. Collier I met with the applicants representatives. I have no new information to disclose Um, I visited the site and I um exchanged emails with the applicants representative and have nothing further to disclose I share weeks. I also visited the site and exchanged email with Applicants representative and nothing new to disclose Um, I also visited the site and I had a brief telephone conversation with the applicant During which no new information was disclosed I met with the applicant and visited the site and I have nothing further to disclose And I also met with the applicant and I have no new information to disclose So with that we'll move on to Our staff presentation andrew triple will be giving that for us Good afternoon. Thank you chair cisco and members of the planning commission. Good afternoon The project before you today is the emerald isle condominium project proposed for zero gulain drive or also referred to as zero thomas lake harris drive And the project proposes 82 Condominium dwelling units that would contribute 3.2 to the market rate goal of 2,550 Units by 2022 The project is located on a knoll In the off of thomas lake harris drive and gulain drive it is gulain drive does provide access to the project site from thomas lake harris And you can see that it's an irregularly shaped parcel with that extension out to thomas lake harris drive Located northwest of fountain grove lake The project description the proposes 82 multifamily Units they would be configured as four-rank condominiums Dedicated to persons age 55 and older It's some comprised of eight buildings with accessory parking structures There is a recreation center with amenities 210 parking spaces and an emergency vehicle access road From the project site to thomas lake harris The exit onto thomas lake harris would be across from the current canyon oaks multifamily development So required entitlements include adoption of a mitigated or subsequent mitigated negative declaration And i'll get into the uh in a moment as to why it's a subsequent mnd A tentative airspace airspace condominium map minor conditional use permit and a major hillside development permit So background in um 2017 a project was proposed for this site. It was the emerald isle assisted living facility Which was a two-story 49 unit community care facility That project was brought before planning commission on november 30th And reviewed an mnd was adopted at that time as well as a Conditional use permit for the community care facility use and a hillside development permit for the site development Was approved as well following planning commission approvals the project was taken forward before the Design review board and did receive preliminary design review approval on january 4th 2018 The preliminary design review approval was appealed And prior to city council reviewing the appeal the applicant withdrew that project application And so in january 9th of this year we held a neighborhood meeting The applicant had submitted the pre-application neighborhood meeting Application and then on february 28th of this year applications were submitted On april 30th and a notice of complete application was issued And then um on june 7th notification of project issues the applicant quickly responded And so on september 9th a notice of intent to adopt a subsequent mitigated negative declaration And uh notice of public hearing was distributed to property owners within 600 feet of the project as well as current occupants um I do want to note that that planning commission Public hearing was scheduled for october 10th, and of course it was postponed to today's date So a percentage of the general plan the project site is is a designated low density residential as are Most of the residential areas around it the the area in green is the fountain grove golf course And then down below we do have the nagasawa community park as well as fountain grove lake So the fountain grove plan development policy statement does Did allow and does allow density transfer subject to planning commission approval in 1998 the city council Resolution was passed and it was found that the density transfers would be consistent with the general plan In 2016 planning commission approved a resolution Um allowing a density transfer of 18 units from the emerald isle site to the canyon oaks multifamily development, which is across the road essentially north of the project The uh the result there then is that it um It didn't change that I guess didn't change The land use designation the general plan land use designation of two to eight units per acre But it did change the maximum density that would be allowed to be developed there That maximum density then became 6.5 units per acre And so the project before you today does propose 82 units, which would be Max density of 6.5 units per acre The zoning is plan development policy statement 72 dashes 001, which is the fountain grove plan development policy statement And we can see here that In generally The policy statement does allow for cluster development And so we see that that that type of development has been executed throughout the fountain grove area In the form of multifamily housing As well as small lot subdivision and state lots as well So the the nature of this site development would be cluster development multifamily Which is allowed to present to the plan development With a minor conditional use permit required So because there was a mitigated negative declaration adopted As part of the community care facility use that was approved in november 2017 It was reviewed within the context of sequel law to determine If that mitigated negative declaration could be used for this project And sequel does allow for a subsequent Initial study and mitigated negative declaration Using the initial study that was prepared and was adopted and was not challenged And so that initial study was brought forward for this project But of course the project description changed With the nature of the project and then all necessary technical reports and analyses Used the new project description So while it is referred to as a subsequent initial study mitigated negative declaration It is a current sequel document for the purposes of this project That document began as public review period on september 9th And would have concluded on september 8th prior to the Or the october 8th prior to the october 10th planning commission public hearing We did not receive any questions about the document During the time period either since september 9th to today's date And the mitigation measures do relate to air quality In particular regarding construction activity mitigations of biological resources It does require a nesting bird survey be completed prior to the removal of any trees If they are removed during the nesting period of february 1 to august 31 Additionally with regard to cultural resources It does require that an archaeologist or a tribal monitor being be present during the initial ground disturbance periods And then provides guidance for actions to be taken in the event that Archaeological artifacts are discovered Mitigations for geology and soils resource is compliance with the geotech report recommendations that were prepared As part of this Planning entitlement review And then the noise mitigations relate to construction related noise Controls and finally the transportation mitigation Simply involves installation of edge line striping along thomas lake harris In the vicinity of gulain drive So here we see a visual of the tentative map that is being proposed We see down from the the bottom middle of the screen Gulain drive, which is a private drive extending from thomas lake harris on across the golf course And I don't have a pointer to show you I don't think No, nothing seems to work today So But it extends then up towards the the site itself and then wraps around into the the center of the site perfect things So there we go. We can see gulain drive is a private drive from thomas lake harris Comes across the golf course, which is located down through here. I believe this is hole 12 And then extends on into the site. We see that the the seven residential buildings This is at a lower elevation compared to the others as is building one And then buildings two through six wrap around The upper portion of the site with the the recreation center in the middle and the amenities as well The parking areas are interspersed throughout the site they're a combination of both parking Garages as well as uncovered parking spaces Then over here i'm extending out of the site and heading I believe what would be north is the emergency vehicle access road to provide Alternative ingress and egress from the site in the case of an emergency This emergency vehicle access road is contained within an easement That was conveyed from the golf course to the property owner oakmont senior living llc in 2009 The road as proposed has been reviewed to ensure that it does comply with the easement and We'll delve into more detail in that later on And so here we see some land use and coverage data We do have significant amount of natural open space approximately 46.3 of the site would be retained as undeveloped natural open space We've got an additional approximate 10 percent of the site as landscape area, which gives us a Almost 58 percent of the site is either Undisturbed natural open space or landscape area Then the buildings themselves comprise about 16 percent of the site With parking and circulation and sidewalks exterior flat work taking up the remainder of the site So the conditional use permit that's required by the Fountain Grove pd Is a minor conditional use permit and the pd indicates that it That it may be a staff approved minor conditional use permit which at that time Staff approvals of use permits were allowed under the current zoning code Then that would be a minor conditional use permit with Approval by the zoning administrator However, we bring it before you today as part of the package of entitlements for this project So the in particular the pd directs that those Areas of or use and site development that should be examined Are building design site design and landscaping streetscape building massing Screening of parking and storage areas and such And then off-street parking and of course the entirety of this project does consist of off-street parking There is no on-street parking proposed or for that matter allowed on thomas lake harris drive The number of dwelling units it does consist of 82 dwelling units those are divided between Predominantly a two-bedroom with bonus space And and then just a two-bedroom There is one one-bedroom dwelling unit above the recreational center And then it does meet the minimum parking requirement of 204 units It provides 210 units and does exceed the minimum required number of covered parking spaces So in terms of building design, we see that the front view of the buildings from Their entry points and which would be generally from the center of the project It is a two-story product The before prior to roofline modifications show where that initial roof was reduced in response to neighborhood comments As well as staff evaluation of the building heights themselves during the hillside development review process Then of course the buildings do extend to a three-story Development product or type on the rear where it's built into the slope or stepped into the existing slope And there we see from the rear Review of the buildings. We do see the three stories and then again that roof modification that That essentially reduced the profile of the buildings against the skyline, but then From a staff perspective We also believe that it creates a more horizontal visual of the buildings so that we don't have as much verticality and appearance As we do horizontal where it's wrapping around the knoll itself And here we have a a visual of the site design and landscape. We can see that it is heavily landscaped both with retention of Existing trees and natural spaces as well as landscaping around the proposed buildings and accessory structures And I wanted to I asked the applicant to have this Defensible space plan illustrated so that we could see more clearly how that would fit into the project itself And here we see that the zone ones are in the golden color Followed by zone two and more of an orange zone three and brown and then finally zone four In green and so those zones would correspond to vegetation management as part of creating defensible spaces because the project is located in a fire prone area In the tree preservation and protection plan I also illustrated the areas where trees would be protected and preserved so that you could more clearly see The extent of tree preservation, but then also tree removal on the site The site there were document in 927 trees In the developable area that does not include the entirety of the property. It was focused on a fairly conservative establishment of the developable area And 280 trees would be preserved. There were some removed By the prior removal the conditional use permit approved us for the community care facility Did include removal or authorized removal of approximately 304 trees Subsequent to that approval in january of 2018. Some trees were removed. The total was 311 168 of those trees would need to be mitigated. The remainder of those trees were removed because they were fire damaged As we look forward towards this project and any project approvals Would include then removal of 236 trees to be mitigated and then an additional 100 that are fire damaged or dead So then the next aspect of consideration of the conditional use permit is the building massing coverage and height And these are some illustrations of those massings And variations on the building So building four is the largest building and then building two is a more typical size of buildings on the site And then this is the two-story recreational center ground floor community amenities and then Two units on on the upper level And finally we see some of the streetscapes materials that would be used the broad iron fencing The street lighting And then the stucco walls with a precast cap that would be used for retention walls and so forth In some areas retention walls would be rock built walls as well Then finally some illustrations of the parking and screening elements And so the slope analysis considers those areas that are Up to 10 in slope 10 to 25 and then over 25 percent And a majority of the development is proposed on Areas that are either less than 10 percent or 10 to 25 percent We do have some development proposed on the edges of the site that would be in areas greater than 25 percent However review of the hillside development requirements does indicate that those areas where development is proposed greater than 25 percent that it does comply with the hillside development standards And so visual analysis, which is kind of difficult to see It looks like it's bled out a bit, but I think you have it in your Attachments that were provided as part of this item so we can see here. This is a view from gulain drive Building seven off to the right building six is more centrally located And then off to the left is the recreation building and building one Gives you a sense of how this looks as you approach the site from gulain drive And then in this image we can see it a bit more better the proposed development I think I believe this would be buildings two and three Of the site and we can see where that original roof line was a bit more silhouetted against the skyline But with that reduction it does hug back quite a bit More strongly to the existing tree line And then finally this would be a develop a perspective of I believe building three or four from thomas lake harris drive So with regard to public comments that were received and we received a variety of comments Both at the neighborhood meeting in response to the notice of application And then in response to the the notice of intent and public hearing And those group generally into these areas emergency evacuation concerns Traffic congestion concerns both every day traffic, but then related to emergency evacuations as well Questions about density Environmental aesthetic and what i'm grouping as golf course and associated concerns So there's emergency evacuation concerns As as you might imagine Really questioned The the ability of the evacuation routes to handle additional development in the area Um The traffic study that was conducted shows that on a daily basis that the uh project would add I believe 20 20 net new trips um during peak hours of operation And it does allow the roadways to retain their current levels of service So on a daily basis, there's no impact of course in an emergency evacuation scenario There's many variables that go into that And so it's difficult to model What what sorts of traffic impacts there might be during an evacuation scenario The traffic engineers are here to talk about that if you have any questions about How that modeling might occur or if there's any assumptions that might be able to be made from the traffic study However, I do want to point out that In terms of emergency evacuation concerns the applicant has submitted an emergency evacuation and guidelines plan Emergency preparedness guidelines that is provided to you for reference. It's not a required document as part of that project application And we don't have any standards for review of that. So if you do have any questions I would would uh invite you to to ask those of the applicant There were two recommendations within that one was to install an emergency generator Connected to the recreation center to provide emergency power for up to 12 hours in the event of a power shutoff And the applicant has indicated that they are willing to install that generator And so the project has been conditioned accordingly an additional condition of approval was suggested that The planning commission conditioned the project to require adoption of the emergency evacuation plan and maintenance of that plan on an annual basis However, in consultation with the city attorney's office planning staff determined That that would be difficult because it's not a required plan and because we don't have standards for consideration of such a plan in conversation with the citizen who who made that request and suggestion with the applicant It was determined that the applicant could condition the required ccnr's for this condominium project to include maintenance of that plan for the The residents living in the project and the applicant has agreed to do that So additionally then We also note that the the project for emergency evacuation purposes does have the eva access road as an alternate point of evacuation And that road would typically be gated. So it would not see traffic on a daily basis But of course fire department and The residences would be able to open that gate in the case of an emergency or even in case of a power outage Already touched on traffic congestion concerns. The traffic study indicates that there are there are no issues related to increases in traffic as a result of this project the The existing roadway system can adequately handle the increased number of dwelling units I would like to note that the traffic study did use data that was collected in 2017 prior to the fire So it does adequately model Traffic in the area as a result of development both existing and since the fire In terms of allowable density and subdivision concerns. This isn't allowed use and it does And the density is 6.5 units per acre, which does meet the maximum density allowed Following the density transfer and it does comply with the cluster development requirements of the fountain grove plan development document environmental concerns range from tree removal and wildlife habitat that was addressed in the mnd and those impacts are mitigated to a less than significant level Finally aesthetic concerns were addressed Through the use of materials on the site as well as a reduction in the roof lines of the building And the golf course and associated concerns really focused on access to the golf course would residents or their their pets be able to access the golf course and The applicant and working with the the golf club Entity managing the golf course has agreed to install fencing between The project and holds 11 and 12 to limit access to the golf course And so with that in mind at the time that this This presentation was developed. There were no additional issues to be addressed I do want to note that there was late correspondence that was shared with you One big question the use of data in the traffic study, which as I reported we did use Prefire condition traffic data in that study And then this morning I did receive A phone call from a concerned citizen of the oak subdivision who expressed Again concerns about the eva access road and the impact that it might have on residents of the oak subdivision We did again re-evaluate During the planning review process, but then following that phone call. We've been Consistently looking at the eva access road planning staff and And city staff do conclude that it is Entirely confined within the eva access easement That was recorded against the property That it does need to be constructed in compliance with city regulations. There may be opportunities to To stain the material the surface material so that it blends more readily with the golf course turf If the eva access road was to be relocated Then that would require negotiations between the property owners to establish a new Access easement for that eva road And so with that in mind a planning and economic development department does recommend that the planning commission Adopt a subsequent mitigated negative declaration and mitigation monitoring and reporting program for this project Approve a major hillside development permit Approve a minor conditional use permit and approve a tentative map for the emeraldisle condominium project Planning staff is available to answer questions and the applicant is here as well to answer questions Thank you Any questions of staff right now before we move on? Okay, great. Thank you What our applicant like to make a presentation Good evening steve mccullough with osl properties And with me tonight, uh, I have our team robert south our architect for osl paul barthelot and ryan gleason of berylgian race engineers beat wurts of land design consulting group And uh fern loch Who represents a california state firefighters association is on our team, but he was not able to make it tonight He was prepared to be here on the 10th, but couldn't make it tonight All of them have been very Instrumental in assisting me in the site planning and the building design To ensure conformance to the hillside and design review standards and to the fire and evacuation guidelines Planner andrew dripples staff report is thorough and very well written He's done a fine presentation of our project. So I won't take up more of your time Showing you the same exhibits We have reviewed and concur with all of the proposed conditions of approval The project is a permitted use and meets all the guidelines of the fountain grove ranch plan community district The project is within all allowed density. It's in compliance with the hillside design guidelines And in response to comments received at the neighborhood meeting The emergency preparedness and evacuation plan was prepared 15 additional parking places were added The building heights were lowered five and a half feet as shown in the photo sims and fencing along the 11th and 12th fairways will be added And the drain there's a drainage issue Currently between the golf course and the oaks development It is currently being resolved And in a minute or two, I'll have paul barthelot of the belgian race come up and address how that was resolved As mentioned the project is completely surrounded by the golf course The nearest oaks Development house is approximately 240 feet away from our nearest building And the nearest lake point house is approximately 300 feet From our closest building 11 of the site will be landscaped leaving 46 of the undeveloped open space And 54 of the trees on site are being saved And an additional 250 new 36 inch box trees are to be planted Equally important Are the building standards and emergency plans You know, we acknowledge and appreciate the city and county efforts to improve and enhance emergency communications And evacuation plans and maps But we as mentioned we also have an emerald isle emergency preparedness and evacuation plan It was prepared by uh, verne loch of the california state fires fighters association And with the assistance of sonia taylor a local advocate for responsible development high fire zones And i'll refer you to the package. I think there's a letter her letter of support is in there Supporting not only our emergency plan, but also the overall project The emergency plan was submitted to and reviewed by the center was a fire department And the plan will be given to each resident upon move in It'll be available and updated on the resident portal Giving web links for preparedness and early notification And public radio stations for emergency alerts Uh with that evacuation site plan and maps for exit roads and hospital locations And with training to shut off utilities and and manually open gates if necessary And as mentioned with annual resident and employee meetings to discuss and stay prepared for potential emergencies We are very confident that our residents and employees will be well prepared if and when that next emergency arises And due to its location in fountain grove our buildings will be built according to the california building codes chapter 7a In compliance with the wildlife urban interface Including but not limited to special venting in the eaves tempered windows cementitious sighting screens on the gutters emergency stairway lighting with battery backup And in addition a permanent emergency generator with an underground propane tank Uh will provide power to the rec center to facilitate emergency meeting place and evacuation if necessary As mentioned the project has a defensible space plan That's been reviewed and approved by the fire department and will be maintained By our landscape crews Project also is mentioned has a secondary access through a recorded eva easement through the golf course to thomas lake harris drive And exit gates will be interconnected with the fire alarm system with manual override in case of power outage I think we're all keenly aware of the housing crisis throughout our community And that this crisis is not limited to any one sector of the city or type of housing The project is completely within the city limits and surrounded by developed land This truly couldn't be a better example of infill And in summary I'd just like to reiterate the project conforms with the general plan zoning and development guidelines The plans were revised based on concerns expressed by neighbors and staff And the emergency preparedness evacuation plan is developed for the safety of our residents and employees And in response to the concerns of the surrounding neighbors and community And at this time being that that The drainage issue was a major concern of the neighbors and the golf course. I'd like to ask paul Barthelot to come up and discuss that please Chair cisco members of planning commission paul barthelot brogian brogian race engineers Uh, we were requested by the staff city staff to prepare a drainage report for this site for the elmer Site in a large part due to some ongoing drainage issues between the golf course and the oaks And as part of our analysis and review We found that this northwest watershed is consists of about 11 acres about a little over three of them Which are emerald isle which drains overland? Down the fairway down the golf course and ends up between lots five and six At the oaks and it was our understanding that in the past over the years on large storms Drainage would come down this way and Overtop the existing inlet which was placed there by the oak subdivision up near the property line at the golf course And it would run down overland onto the street What we found in our analysis was that this 11 acres, which is a fairly large tributary area to this one drain Was improperly constructed as part of the oak subdivision. It was Referred to it was specified on the oaks Improved plans as being a 2k r drop inlet which is a side opening inlet which has a much larger inlet capacity for drainage And what was installed instead was just a plain inlet with no side opening inlets And so the oaks uh as part of the reconstruction of the oaks They've been made aware of this and it's our understanding that they haven't done it yet But they plan on modifying that inlet to either put in a larger inlet or one with a side opening inlet And so that will in a large part Resolve a lot of their drainage issues. They've been having over the years Since the 90s when it was constructed But in addition our eba will cut off over half of that tributary area in effect Causing a dam you could say to prevent water going onto the oaks And we will pick that up in a new inlet on on the other side on the more easterly side of the eba And pipe it into that same drainage pipe, which is is big enough to handle the capacity It's just the problem is getting it into the pipe is the problem And so we'll be cutting off more than half of the drainage area and in effect Making it a big improvement in the drainage of that area And I don't foresee that after our eba is built They install their new inlet and we put a new inlet on the other side of the eba which picks up Over half the water and gets into that pipe directly I don't see that they're being ongoing drainage issues between the oaks and the golf course any longer Part of our drainage report Designated the three minor watersheds which go to three different areas Some goes to the lake some goes to the fountain grove lodge and some goes through this drainage park through the oaks And as we do our design for final construction documents, it'll all be done for the new snowman water Manual and it'll all be per their requirements And we don't foresee any issues or drainage problems with this site as we move forward Thank you Thank you paul and with that I'll end my presentation and respectfully ask for your approval of the project As submitted Thank you. Great. Thanks. Mr. McCullough Any questions of the applicant before we go on to the public hearing? Okay We may need you to come back up after the public hearing so Okay so this is a public hearing tonight and I'll be calling your name if you'll go up to one of the microphones at the top You can please begin by stating your name for the record that helps us even though i've called it And you have three minutes And i'm a pretty strict timekeeper. I understand the new buzzer is extremely loud when three minutes are up So I would request that you completely respect when that button goes off buzzer goes off that you end your comments When I close the public hearing that means your time to speak has ended I'm going to be keeping track of your concerns and questions At the end of the public hearing, we'll probably hear again from the applicant if necessary and or from staff to address those concerns But your time to speak is up at that point So please don't call out any additional thoughts or questions that really disrupts our process And you know, it's our time to to um put this information together and to come to a decision If for some reason you have a concern that did not get addressed at the end of the Meeting you can contact the staff member or the applicant to get that addressed So with that i'm going to go ahead and open the public hearing And the first speaker is pat avala And pat will be followed by mary right Hello, my name is pat avala. I'm the board president for the oaks at fountain grove We have 46 homes that were um All burned in the fire. We are have the last two years been rebuilding And that's that's going pretty pretty well The first couple houses that are being finished are directly impacted by this eva road We we've been pretty busy. We were rebuilding maybe we weren't as diligent as as we could have been maybe on Finding out more about the eva road, but really we didn't really know about it with what we've got going on And so they finally uh staked it recently And I I know all of you said you've been out to the project and looked at it. We're not posing air will dial We've always known air will dial something was going to be built there What we didn't know when we bought in the late 90s that an easement would be put on there in 2009 right behind our homes But I would urge you to go out and look at the state Ava road it comes within six feet Of one of our owners decks not their backyard, but their deck six feet It you you could reach out and touch it and it it really impacts the first five lots We've we've met with steve. He's been very very nice and helpful and um in working, you know, hopefully with gala her to um To work on a better proposal for the eva road We know we probably can't move it. We would love to do that Uh because it doesn't seem like a good place for it at all in our mind Uh, yeah, I want to go when you go out there taking out redwood trees are the last ones of the redwood trees We have you have to take those out to do to exit onto tomas a carous um There's the easements 16 feet where they're proposing to put the road is at the closest Part of our homes not the uphill side But the downhill side and I know what they're saying they're saying you could It impacts visually more if you put it up there We're not sure that that's true, but we do know that getting that close to someone's actual deck Six feet imagine, you know sitting on your deck and a road's there. I know there's not going to be a lot of cars But it's still there. Um, we have been told that um there was a possibility of maybe doing grass pavers Maybe just on that part behind our homes And steve at one thought part thought the fire department would not maybe approve that We have since found out that they possibly would approve that That would be uh less intrusive And then a 16 foot You know asphalt road I know we're talking about the drainage. We do have problems Actually the drain was put in by the golf course part of it was put in by the developer But a lot of it was put in by the golf course. It's never been it's never and I'm on lot five Anyway, we that's all we asked for you to just look at that the hero. Thank you miss avala Next is mary rite and mary rite will be followed by carol and williams Hello, there you go. Now we can hear you. My name is mary rite and I'm glad to have a chance to talk to you today My husband and I are neighbors of the proposed apartments And i'm asking you to please reconsider this project for the following reasons One is fire entrapment because of the traffic in case of emergency I know you've had the fire department look at it But I was there the night trying to drive down thomas lay carous had to make a u-turn right in front of where this Project is going to come back because We couldn't get out And that was before the canyon oaks And that's going to be before this other 160 cars So please reconsider that there's just too many cars and too much traffic around there It was jammed up that night number two Do we really want another 160 cars on thomas lake harris drive? I don't know Please don't do this And then tree removal I heard that you're saving some trees But there's a whole bunch of trees that are going to be taken down And particularly there's two Large old redwood trees that I look out and see every single day It's a loss of habitat for the animals and there is a great horned owl that's living there And it's been hooting for 20 years and all of our neighbors who are here have been hearing it for 20 years Um, it's a protected animal by the way The great horned owl is a native california species protected by california codes from the department of fish and wildlife for 1990 2019 law Excuse me code It says quote these birds are protected under state law title 14 section 251 one It's unlevel unlawful to take or destroy any of these birds Or possess or destroy any of their nests or eggs And the nests are in those two big redwood trees. So please Please don't take those down They usually nest in a tree between 40 and 60 feet off the ground Also, we see deer turkeys rabbits and other small animals in that area all the time Please don't cover up the good earth with apartment buildings black top parking lots and cement and 160 more cars on cement abutments It's not the type of building that we need right now in san aroza And help protect the environment and animals And our view of the beautiful trees and lastly the evacuation road is such a terrible problem. It's close to our home The easement that was added in 2009 was kind of a secondary quiet easement added By the to the from the golf course And there's going to be traffic jams a case of an emergency Um, so we think about that that impact of that evacuation road, please Thank you. Thank you And it is loud, isn't it? Okay, carolin williams Hi, my name is chris bertose. I'm uh owner at the oaks. I'm reading a letter written by carolin williams carolin williams on her behalf She writes after losing my home in the 2017 wildfire I am now about two weeks from moving into my beautiful rebuilt home on the same property Just a couple of weeks ago. I saw the sign that emerald isle a gala her project Was applying for permits to construct condominiums on his property In doing this he wants to provide a roadway directly behind fairway green number 11 Which directly impacts several lots whose back decks would be looking at a concrete roadway Not only would that be an ugly site to look at But it would provide a place for errant golf balls to ricochet onto many of our decks and worse yet breakout windows facing the fairway This roadway will degrade our properties. Mr. Gallagher, please find another route for your roadway Not in our backyards. I know in my heart that if this were your home, you would find another way to not allow this to happen Written by carolin williams owner and collarney circle Thank you I don't have any other cards on this item But if you would like to speak feel free to go to a microphone and again begin by stating your name for the record Hi there. My name is diane eney And I appreciate the fact that we do need additional housing. I think all of us here know that And there's also a lot of requirements that have been met A lot of compliance. We've passed all of those rules, but it is a high fire danger My husband and I left the night of the fire and we were stuck On thomas lake harris. We could not go back the other way. We were in the midst of fire trucks Since that event The apartments were built. I believe there's a hundred units there And now we're gonna have a hundred more So why are we building houses in this high fire danger? It doesn't make sense When I met with steve earlier Um, you asked if I'd lost my home and I replied yes And what really concerned me was your comment Do should I have some do I know you asked me? Do you have any responsibility for buying a house in a high fire danger? And I said no the city approved it a contractor built it. I thought I was safe So I just asked you to think about it when you approve more homes in this high fire danger Thank you. Great. Thank you Anyone yes, go ahead. Please just state your name. Thank you. My name is sandra newton I also lost a home in fountain grove and actually a rental on fountain grove Full disclosure. I am a a member of fountain grove golf community Um, I I am here tonight just for a couple things and I want to ask Do we really want to build? Homes in this small area At maximum density. That's one. Is there a smaller number that might not need that EVA road? The apartment a complex across the street from the 11th green the new apartment complex That was not there when the fires hit it was still under construction. So nobody was living there So I would appreciate if we're thinking about going ahead with this 82 units. I would appreciate a second traffic Um evaluation to take into consideration all of the cars that are up there now I'm not really good at math, but um, I I don't think that the numbers match up The applicant stated that that 54 of the trees will be retained but The gentleman down below said that 280 trees will be preserved, but I think the original number was 9 27 Anyway, I don't really think that matched up That hill also burned that entire hill burned and so a good number of the trees were actually cleared And the reason why we can build up there right now or that we're thinking of building up there right now is because That hill was cleared because of damaged trees So I just uh would appreciate your a little bit more thought you all have looked at it But I would like you to place yourselves in the homeowner's position Of all of the homes around that area. Thank you very much. Thank you Anyone else wishing to speak on this item? Okay, I'm not seeing anyone else move to a microphone. So I'm going to go ahead and close the public hearing And um, mr. McCully you want to get back up there and there's a couple concerns that I think you Could address a little out of order here, but could you maybe give a little bit of the history of how that eva was um Well coordinated in 2009. Yes um In 2009 the golf course approached us for an easement so that they could put a Well on their property and they wanted an easement through the fountain grove lodge property um at that time, uh We we said yes would be glad to and we negotiated in In negotiations we got the easement the eva easement That were the subject eva right now. So the golf course gave us that easement back in 2009. We gave them a uh a rendering and an aerial view of what the Of what the is that better? Sorry Of what it would look like and um Andrew if you could put the two I have two uh exhibits to show The first one would be the exhibit the aerial exhibit from 2009 That's a cross-section go to the other No, there it is That's the uh the easement As we portrayed it back in 2009 and at that time Grass pavers were allowed In santa rosa. This was reviewed by the fire department at that time and acceptable to the golf course and that was The easement how it was done then with the caveat that if and when it was used when it came in front of For a decision Through the city that the city had the right to make any changes to that the easement as far as what materials were used So when we brought it back in this year That's when we were Told that uh grass pavers were no longer allowed and that's when it had to be the pavement and can you could you just speak a little bit to um addressing the concerns of the individuals whose homes are so close to that eva what like what measures you're taking to Yes, um, well As was mentioned By by miss avala there When we met we went over it and she pointed out that it was close And and so we went over the design of it. I showed how much room we had Within the easement and yes, it was close Closer to her the property line by her house And it was done that way to keep the road low And I told her at the time though, we didn't have any problem in moving it within the easement farther away, but she had to realize that The farther away you moved it the higher it got and into her view corridor as far as That's concerned. So we talked about that We did uh, you know, I Understood her concern that it was no longer going to be grass pavers and that it had to be pavement We offered uh that we would paint The driveway a dark green that would match the graphs to Soften the view And we're we're willing to work with them and we're willing to work with the golf course as far as how it's situated within the easement And as far as how close it is to the the property line Okay, and then can you go again over your your fire? Plan your evacuation plan Not all the specifics, but just you know how that became developed and Definitely in response to Miss Taylor and other concerns. There were a lot of concerns at the neighborhood meeting about Evacuation and fire preparedness And so we knew it was going to be an issue and that's when we got together with verne loch who is an expert in the field And associated with the california fire fighters association and we worked closely with him coming up with The plan and all the information communication processes and then we met with sonia taylor who has been very active In the development process as far as fire issues and we ran it by her We gave that it was the same information that was submitted to the city And she reviewed it and came back with her some requests one of the requests was to Add a generator Which we are willing to do And I might point out that that generator we're going to provide An underground propane tank so that there won't be any issues of fuel for it to make make sure it's available It'll be Tested on an ongoing basis to make sure it works She also had requests as far as within The the plan that would add Information about all of the tenants The residents at our facility as far as if they had any needs special needs in case of an emergency And that we Keep it updated on an annual basis um And the other issue I think she was mainly concerned with that is for the power that it would be enough to power the recreation building in time of an emergency so it would be a meeting place and And also evacuation per evacuation purposes so it could be used actually in in heat spells Where people are looking for cooling areas. This is a a senior 55 an older project so She was concerned Of the heat and that the air conditioner would be made available and that would be the case they would be able to congregate in the In the activity center So those are the issues that she wanted She wanted it to be part of a condition that we were responsible for maintaining that plan Which we agreed to and as and you pointed out it can't be a condition From the city, but we did agree that we would include it with the ccnr's and the ccnr's is a recorded document so We are going to be required to have it and it'll be required to be updated on an annual basis Okay, great, and I'll I'll have mr Triple address this also, but could you speak to How you arrived at your your density calculation and whether or not a smaller density would have been a consideration Well Quite frankly with the housing issue that we're all facing We would have liked to have done a hundred houses there So we didn't even think of going less than than the 82 that we were allowed to to do It is as he mentioned we did a density transfer Of 18 units over to the canyon oaks But the 82 left we had every intention of doing that just to take care of the need For housing in the in the community, but also the special need for a senior housing in the community There's a definite need for senior apartments in our community and It would be it would not be our choice to do anything less than the maximum Okay I think that's all I've got for you right now, but mr. Triple I've got some That I think you'd be best answering Again if you could speak to The traffic study and the concerns that the public has for The additional cars and just kind of go through that again, please Sure So the traffic study was prepared in the spring of this year and then There was a minor revision that resulted in a revised document that was submitted on august 30th The minor revision was simply the planning staff noticed that It was indicated in the traffic study that on street parking was available on thomas licharis But in fact, I believe maybe in that interim period on street parking was removed from thomas licharis So presently thomas licharis is signed with no parking But with regard to the data that was used as I mentioned during my presentation The traffic study does note that data Collected in august 2017 prior to the fire was used now that is That data then would not have included canyon oaks because canyon oaks 96 units was developed Following the fire however the baseline traffic conditions do include the canyon oaks project The fur ridge workforce housing fountain groving condominiums terrazzo at fountain grove sky farm 3 the arbors Bicentennial estates 2 and 3 round barn village and residents in so it is accounting for All projects that have been proposed within the area and or approved and or constructed okay, great and then Could you maybe go over sort of the tree calculation? I think it I know it was confusing to me like When what ones are burned what ones have to be replaced so that that's a little bit more clear Sure, I think um, it was it was pointed out that the the 54 percent if you had 927 trees on site And you have 280 trees preserved that doesn't equate 54 percent and that is true The 54 percent calculation is based upon the number of trees currently on site Which is 616 trees and then of those trees? 336 are proposed to be removed so the The tree calculation was really And I think this this perhaps is a result of this being a subsequent mitigated negative declaration And so the arboristry study that was used went back and started with the original count Pre-community care facility Proposal and so 927 trees were counted in the developable area at the beginning As a greenfield site and then they used that base number going forward then to update the study For the the condominium project proposal so the baseline has always been 927 which was was I want to say perhaps 2016 And then from that some trees were removed as a result of the approval received Through the conditional use permit and then other fire damage trees were removed So then we end up today in the developable area with 616 trees Okay And then lastly could you just kind of go over how our subsequent mitigated negative declaration deals with loss of habitat Protected species etc. So that it's clear that's being dealt with right so I did review and The studies that were conducted do not indicate a presence of a great horned owl that was mentioned in public comments However, there is a mitigation requirement that a nesting bird Slash raptor study be conducted prior to the removal of any trees. So should should Species any species be identified during that period of time then the tree removal would not be allowed and and The project would have to be re-reviewed within that context I do want to know with regard to removal of those redwood trees that are located on the golf course property where the eva access road Would intersect with thomas lake harris The The development advisory committee report which contains all of the conditions of approval as well as the mitigation requirements Resulting from the mmrp Does require that any trees remove that are on golf course property that the golf course does have discretion as to where the Mitigation trees would be planted So those the golf course could decide that the number of trees that would mitigate for the loss of those redwood trees Could be planted elsewhere on the golf course To replace those trees in an appropriate location or otherwise Okay, great I think that covers all of the public's questions commissioners questions of staff Any question by share weeks I have a question of the applicant Do you have an idea as to the cost of the units or the rent If they're going to be rentals or if are they ownership on what price range you're looking at So who's your target market? They are going to be rented all rented and our target market is 55 and older At market rate and I know we haven't established what the pricing is going to be yet. No So you're looking at a market rate units. Okay. Thank you Any other questions of the applicant while he's up there And any other questions of staff Okay all right, so With that and this is the tricky part for me I understand we do have amended resolutions that correct the language about the MND in particular the subsequent MND Would somebody like to move that Resolution for the purposes of discussion and again Yeah, okay, so that's been moved. Well, you have to read it Okay, and I'm just going to finish saying that what we'll do is we'll discuss the whole project and I'll we'll figure out the rest of the resolutions Okay, I think it's a motion to adjourn on on our screens right now. There's a motion to adjourn and we're not doing that. Okay So we're looking at wherever the new resolution is for our subsequent mitigated negative decoration if anybody can find that Yeah, I've got it here. So okay I will move a resolution of the planning commission of the city of santa rosa adopting a subsequent mitigated negative declaration Including a mitigation monitoring and reporting program for emerald isle condominiums And 82 unit condominium development for residents aged 55 and older Located at zero thomas lake harris drive apn 173 Dash 670 dash 016 and 173 dash 670 dash 004 file number prj 19 dash 014 and wait for the reading And our second is by commissioner okrappke. Is that correct? Okay Vice chair weeks, would you like to start and and make a point of um Stating whether you find the subsequent mnd to be adequate or not just so we get a clear record on that Okay, um, I can make all the findings um and support the project And I do appreciate the uh Developer working with the residents and trying to come up with some solutions If they're not going to be perfect for everyone that I do appreciate that so I can I will be supporting the project and I can make all the findings for the mnd, okay, great commissioner peterson And so are we Discussing everything just discuss everything and I'll figure out what to do with it after just wanted to make sure Yeah, I just wanted to make a point of finding it the the subsequent mnd adequate um so Especially after what what happened last night and is is ongoing now. This is another one of those projects that I think initially can seem fairly straightforward and maybe before october 2017 would have been a completely different Kind of call to make from up here, but Now and especially right now it it gets a little bit more difficult to kind of balance what We're asked to do up here and what our role is is the planning commission with um, I think what are completely reasonable and Accurate descriptions of what the issues are and and what can happen in the future and As a planning commissioner, I mean we're we've got four resolutions and we've got Findings we have to make for each of those Each of those I think in terms of the the findings are generally pretty straightforward as we look through this with a project that In a form previously came before us and Has an existing mitigated negative declaration and that was adopted for this project Um But and you know in the back of my mind a lot of the the comments from the public are completely accurate I mean I I totally agree that um It's certainly not my preferred development mode to put dense housing that is car reliance in a wildland Urban interface that burned recently and will likely burn again in the future um I I think the the concerns about traffic Are again totally reasonable and completely understandable in light of what's happened With that Our role is to to deal with the findings that were required to make based on what's in front of us and Unless we get direction from city council or or somebody else if there's a rezoning of the area If there's a real development change It's it's hard for me to see something like this Not meeting the the required findings Whether or not it's a a good idea whether or not it's my preferred idea I think is a separate question to what we're being asked to do today With that in mind though, I think the applicant has taken a number of Uh very Forward-thinking responsive steps to deal with the sort of the immediate concern of wildfires in the area I don't think there's probably a perfect solution to that outside of not allowing development But people already Live there we've got a You know we've got members of the public that live there right now that that face the same dangers and we'll continue to face the same dangers Um if if another wildfire comes through and I would also say I don't want to focus too much on on the wildfire danger. I mean we are in california It could be an earthquake. It could be a flood. It could be a mudslide And I think that the emergency preparedness that the applicant has has brought to bear on this Could be useful in any number of those and I think even just taking the steps Um to prepare for that will avoid some of the Truly terrible experiences that happened Back in 2017. I think having the list having a plan having a meeting place with a generator that can last for 12 hours I think everybody has learned a lot At all levels in Sonoma county from the tubs fire and I think this is another example of that so If any member of the public hasn't looked at the development advisory committee's Requirements for the the the applicant both on construction Mitigating the problems. There's there's a very robust bird protection element to it So I would encourage anybody that hasn't read that to read that and maybe put some of their fears at ease at least on the development side, but I'm interested in hearing from my my fellow commissioners on these issues. Um, but Right now, I think tentatively I can I can make the necessary findings for each of the four resolutions Commissioner Kepke Yeah, so I understand the concerns of the public and the concerns of the residents and It wasn't covered in this presentation It was covered by mr. Rose in the previous one that we have to make six findings and one of the things that we cannot take into account our views and aesthetics or air golf balls or anything like that We also cannot take into account whether we should or should not build in an area And I'm speaking to somebody who lost their house in the fire as well That's not our job. That's not our responsibility. That's policy making and that's not what we do And as commissioner Petersen touched on Until there is Unless there is a moratorium on building in that area There's going to be arguments for or against building of any kind in any area We rely on the experts Not only from the applicant when it comes to traffic, but our own in-house staff here at the city to to review these items and I'm not a traffic engineer. I've never wanted to be one So I rely on the analysis that were presented and If they say it's good then then I I believe them As far as the emergency evacuation plan As was stated, there's no standards. We don't know if it's good. We don't know if it's bad It could be great, but there's no way of there's no Benchmarks by which the city Uses no standards. I wish the city now Uses an analysis of that Maybe that is something that could be asked for by council at some point to make that a Part of the planning process to incorporate that in the wild land urban interface areas, but we can't take that into account What I do like is I do like that the extra effort that the applicant has gone through to not only um Develop an emergency evacuation plan, but also to promise to hand it out to all residents as well as have it annually reviewable I I can look as I said before I can look at the six required findings that were Were required to make in order to vote in favor of a project and based on what we're presented and what we're allowed to Do within our latitude. I can make I can make those findings and I can Support the project so that is how we would I will be doing Okay, and commissioner dug in I'm also able to make the findings As as far as the subsequent mitigated neg deck goes. I'm appreciative that the traffic study was updated with new information um, I think I was the only lone no vote on the previous application For this parcel because I couldn't see putting frail elderly people on this parcel with one ingress and egress methods. So I like the The emergency access I like that it's um independent people living in apartments Um, I think the dispensable space is great. The emergency generator is a good idea Building to the the higher um safety standards for the for fire-resistive construction is a good thing um The emergency evacuation plan I appreciate the open space around the project and that they've worked with the neighbors for the Look of the emergency evacuation Road and also the drainage issues so I can make all the required findings commissioner call you I also uh concur with a lot of my fellow commissioners. I specifically with the Subsequent mitigated neg deck. I can make the required findings. We'll be supporting it um, I just as commissioner crepeki said We are not subject matter experts whether it's traffic or fire But we rely on the subject matter experts to review these applications and um, I feel confident fire fire department feels confident in this application with the eva Access road along with the evacuation plan then I can make all the required findings. We'll be supporting the project Okay I also find uh that the subsequent mitigated negative declaration is adequate and can make the findings For that and in appreciative of this project. Um, I think It's an emotional issue to to really review this kind of a project But what I really appreciate about what the applicant has done and bringing forward the uh the evacuation plan It's it's setting the stage for some some really important work that the city and neighborhoods need to be doing all all throughout the city So I think the attention to that The the willingness and the cooperation that the applicant has shown to work with the neighbors with the views with the drainage Uh the back and forth there I think has has been significant and I appreciate that effort um And again as as other commissioners have said, you know, we have general plan policies that allow for These kinds of land uses applicants come forward relying on the policies that we have in place at the time Without the city council declaring it a moratorium. We really need to apply the policies that we have and um But certainly in this application. I think they've been enhanced Willingly and so I definitely appreciate that attention to doing that So uh with that I can make all of the findings also and Um, let me get a subsequent mitigated negative declaration was moved by commissioner dug in seconded by commissioner okrepke And now comes the tricky part. Okay so We can vote and that passes with six eyes commissioner carter being absent For our next resolution. Um, it's indicated as resolution number four, but we need to read it following the um The subsequent mitigated negative declaration So if somebody would be willing to read the resolution regarding the hillside development permit They're in the wrong order Okay, number four. I got it Okay, I'll move a resolution of the planning commission of the city of santa rosa approved in a hillside Development permit for emerald isle condominiums and 82 unit condominium development for residents age 55 and older Located at zero thomas lake harris drive assessor's parcel numbers apns 173-670-016 and 173-670-004 File number hdp 19-003 and wait for the reading And so that's been moved by commissioner dug in seconded by commissioner okrepke Mr. Okrepke if you wouldn't mind when you do that To also give an oral one Until I get used to this second Okay, thanks. I've been in the position of waiting for somebody to second many times So that's just helpful to me. Thank you again moved by uh commissioner dug in seconded by commissioner okrepke Any other comments on on that? Resolution, okay your votes, please Passes with six eyes commissioner carter being absent So now we go back to our tentative map resolution It comes last I'll move for resolution of the planning commission of the city of santa rosa approving the emerald isle tentative airspace condominium map Located at zero thomas lake harris drive apn 173-670-016 And 173-670-004 file number maj 19-001 and wait for the reading second Okay, so that was moved by commissioner dug in seconded by commissioner calia and Your votes, please That passes with six eyes commissioner carter being absent And last but not least is our conditional use permit I'll move a resolution of the planning commission of the city of santa rosa making findings and determinations and approving a minor conditional use permit for emerald isle condominiums an 82 unit condominium development for residents age 55 and older Located at zero thomas lake harris drive apn 173-670-016 and 173-670-004 File number c up 19-019 and wait for the reading second Okay, so that was moved by commissioner dug in seconded by commissioner calia Any other comments? singing none your votes, please And That has passed with six eyes commissioner carter being absent And I believe that concludes this item. I really want to thank Mr. Trouble what an excellent staff presentation you navigated through all of this information So well for the public both before this hearing and during so thank you for that really good job and with that We will adjourn To our november meeting