 this is Andrew Trepol for a video and mic check. Thanks. Loud and clear. Thank you. Mike and Michelle, are we ready to go at four? Do you think? Yeah, staff is ready to go whenever you are. Okay. We are missing one commissioner, I believe. Yeah, commissioners can all turn on their cameras for us. Okay. So. Are you ready, Mr. Maloney? Yes, we are. Okay, thank you. Good afternoon. I'd like to call to order the August 12th, 2021 meeting of the Santa Rosa Planning Commission. Before we start, I'm going to like to read the following statements due to the provisions of the governor's executive orders and dash 25 dash 20 and and dash 29 dash 20, which has been certain requirements of the Brown Act. And the order of the health officer of the county of Sonoma to shelter in place to minimize the spread of COVID-19. The planning commissioners will be conducting today's meeting in a virtual setting using zoom webinar. Commissioners and staff are participating from remote locations and are practicing appropriate. Social distancing members of the public may view and listen to the meeting as noted on the city's website and as noted on the agenda. And the commissioners will be able to hear the commissioners of the public wishing to speak during item number four public comment or during our public hearing items will be able to do so by raising their hand. And we'll be given the ability to address the commission. Mr. Maloney, if you'd like to call roll. Thank you chair weeks, but the record reflect that all commissioners are present, except commissioner or crepe key. I'm sorry, commissioner Hulton. Thank you. And now we have a public comment session, which we have none item three approval of minutes, which we have no minutes today. So we're on to item number four, public comments. And I'd like to open the public comment period now for any item that's not included in this meeting's agenda. If you wish to make a comment via zoom. Please select the raise hands button. On the telephone, please dial star nine to raise your hand each speaker will have three minutes. The countdown timer will appear for the convenience of the speaker and the viewers. Please make sure to unmute yourself when you're invited to do so. And your microphone will be muted at the end of that countdown. Do we have any. Thank you chair weeks at this time no one is raising their hand, and we have one member from the public in attendance. Thank you. So with that, I will go ahead and close the public hearing and move on to item five. Item five is planning commissioners report and I'd like to read the statement of purpose for the planning commission. The planning commission is charged with carrying out the California planning and zoning laws in the city of Santa Rosa duties include implementing of plans ordinances and policies related to land use orders, assisting in writing and implementing the general plan and area plan, holding public meetings and acting on proposed changes to the zoning code zoning map general plan tentative subdivision maps and undertaking special planning studies as needed. 5.2 are any committee reports for subdivision or waterway. There are any. There will be a subdivision meeting next week, but there hasn't been one since the last meeting of the planning commission. So item 5.3 commissioner reports. Anybody have anything they'd like to report out on. I would like to mention that. Thank you. Thank you. Thank you. Thank you. For this meeting in September, we will be changing our start time before 30 and thank you all for your input on that. And then members item six is department reports. Mr. Triple. Good afternoon, chair weeks and members of the commission. Thank you for your attendance and service today. I just noted the effective September one. All of our review authority meetings cultural heritage board design review board and planning commission will be aligned to 430 p.m. start times. We feel this will will be of great benefit to the public. I think it's a little bit confusing. I think we're seeing these varied start times in the past can get a bit confusing, but then it also allows us to provide better service to all of the boards because that it's more consistent for staff to service all the boards with that start time. The other important thing that will happen in September is we met with all three of the chairs chair weeks and then the chair Weigel and chair Neuser from the cultural heritage board to talk about it. We met with all three of the chairs chair weeks and then the chair Weigel and chair Neuser from the cultural heritage board to talk about the transition back to the chamber and this hybrid meeting format. So, of course, we met and then the COVID delta variant emerged and and so we're kind of reassessing, but at this point in time of the direction that we've been given is that all three of the primary planning division review planning commission design review board and cultural heritage board can go to a hybrid public meeting format. During the chairs meeting it was felt that September would be a good opportunity for commission and board members to start to gain experience with that board for with that hybrid format, as well as for staff to return to the chamber and support that as well. So, we'll have further instruction, but you can anticipate that for the September planning commission meetings that we will have a hybrid format where staff and members of the commission who would wish to be in person in the chamber would participate in the public would still participate via zoom until the the orders are lifted. So, that would be effective then for the September 9 meeting, which we will hold and the September 26 meeting as well. So, any any questions on that we'll have more information forthcoming. The next thing is we with the September 9 meeting, we will be looking forward to welcoming back former commissioner Cisco. She will we are onboarding her presently and she will be taking her oath and will be then a commissioner effective at the September 9 meeting so we'll look forward to her return to the board or to the commission rather. And with that chair we don't have any other department notes to provide so we'll we'll end this department report. Thank you. Thank you. Mr. triple item seven is statement of abstentions. Is there any abstentions today. Okay, seeing none we'll move on to consent items of which we have none and then on to item number nine, which is a scheduled item public hearing. So, this is item 0.1. It's a erudite dispensary cannabis retail secret exempt project conditional use permit 3059 coffee lane. So, you P 19 dash 5, 6, it is an exparte item. So, we'll start with commissioner Carter. Do you have anything to disclose only that I visited the site. Commissioner Duggan. I also visited the site and have nothing further to disclose. Thank you commissioner crepti. I have nothing to disclose. Thank you. Vice chair Peterson. I also visited the site and nothing further to disclose. Thank you. And I visited the site and have nothing further to disclose. Now, with this item, we did get late late correspondence from staff that indicates there's a request for a continuance on this item. So, right now, I'd like to turn it over to. Tanner Susie Murray. Hello, everybody. Good afternoon, chair weeks and members of the commission. Yes, I am requesting actually the applicant is requesting a continuance. The purpose for the continuance is to bolster the traffic study. And if we would like to come back to you on September 9th, if that's agreeable. Thank you, Ms Murray. So with that, we do need a motion. And so for continuance is there someone who's willing to make a motion to continue with this item to September 9th. So moved. Thank you. Is there a second. No second. Thank you. That was moved by Commissioner Krepke seconded by Vice chair. Peterson. So, Mr. Maloney, will you take roll please. Yes, one moment. Commissioner Carter. I commissioner Dougan. Hi. Commissioner Holden is absent Commissioner Krepke. Hi. Vice chair Peterson. Hi. And chair weeks. Hi. So that move. So that passes with five eyes. One absence and one soon to be filled vacancy. So then we'll move on to item 9.2. This is also a public hearing. Valero gas station is a sequence that project conditional use permit for 501 highway 12. And it is also an exparte item. So commissioner Carter, do you have anything to disclose? I visited the site and have nothing further to disclose. Thank you. Mr. Dougan. I also visited the site and have nothing further to disclose. Thank you. Commissioner Krepke. I visited the site and have nothing else to disclose. Thank you. Vice chair Peterson. I also visited the site and have no. Additional information to disclose. Thank you. And I also visited the site and have no further information. To disclose. So with that, we have. Misha Kali. If you would like to lead us off. Sure. Thank you. Okay. Let me first share my screen. Okay. So thank you chair weeks and members of the planning commission. The project before you today is a conditional use permit. For Valera gas station located at. 4501 highway 12. The applicant is proposing to sell beer and wine for offside consumption from the existing Valera gas station. This picture shows the existing gas station. And the project is located in the northeast quadrant on the corner of mission war and highway 12. The site is zone neighborhood commercial consistent with the journal planned land use designation. And the surrounding area land uses are a mix of residential offices and commercial uses. And here is the site plan for the existing gas station, which has been in operation since late 1990. And this slide shows the existing floor plan for the existing gas station. And here is the site plan for the existing gas station, which has been in operation since late 1990. This slide shows the existing floor plan for the store. The walking closet. Let me click here. Okay. The walking cooler is on the opposite wall from the entrance. And this is the building here in the blue rectangular and the coolers are equipped with blocks to secure the merchandise during periods when alcohol says are not allowed. Also, the entire gas station is equipped with security cameras and center was a crime density map. So the center also police department operates nine patrol beats. This is located in beat for as shown in this map and in this beat crime rate has been significantly lower. Also, the police department has provided a list of areas and citations that occurred between July 6, 2018, and July 7, 2021, within 1000 foot radius from the project site. On July 28 were alcohol related arrest arrest or citation meeting that two years period. And additionally, the site is not located in close approximately to any school or religious facility. Since the notice of pending application was sent staff has received three emails and comments very regarding concentration of facilities selling alcoholic beverages for offsite consumption, and the sale of alcoholic beverages from a gas station. So to respond to this comments based on the data available. The department of alcoholic beverage control would issue up to 10 licenses for off sale alcohol in this area, and only three have been issued for this area. So this will be the fourth one. And our concentration is not associated with an objective measure and therefore cannot be specifically analyzed. However, ABC criteria for license issuance provides a tool for evaluating potential for over concentration. This upon ABC criteria approval of the proposed use would not result in an over concentration. And the proposed project has been reviewed in compliance with the California environmental quality act. And it qualifies for class one categorical exemption under sequel guidelines section 15301 in that the project is located within an existing structure involving a negligible expansion of an existing use that will not result in significant impacts. And with that, the planning and economic development department recommends that the planning commission by resolution approve a conditional use permit to allow sale of beer and wine for offsite consumption for the property located at 4501 highway 12. And this is my contact information for anyone who wants to contact me. I know the applicant doesn't have any presentation, but they are available to answer if you have any questions. And that was my presentation. Thank you. Thank you. Are there any questions of staff at this time before we open the public hearing. Okay, seeing none. We'll go ahead and open the public hearing. We're opening the public hearing on this item. And if you wish to make a comment via zoom, please select the raised hand button. If you're a dialing and via telephone please file star nine to raise your hand each speaker has three minutes countdown timer will appear for the convenience of the speaker and the viewers. Please make sure to unmute yourself when you are invited to do so and your microphone will be muted at the end of that countdown. Mr. host, do we have any. We have three weeks at this time. No one is raising their hand and we have one member of the public on the phone called in. Okay, so is that member of the public for this item. We can't tell which item there is only one member of the public in the lobby. So seeing no hands raised. We'll go ahead and close the public hearing on this item and bring it back to the commission. Do you have any questions of staff or vice chair Peterson. I have a question for staff and when appropriate applicant as well. I think staff is pretty straightforward. I mean, are these the standard hours for this type of license, you can sell alcohol all day except for four hours between 2am and 6am. I believe that time period is being recreated by ABC, not by the planning like maybe ABC didn't tell anything about the hours and those are the hours that they can sell alcohol. And vice chair Peters or commissioner dug in and then we'll go back to vice chair Peterson for questions of the applicants. Sorry. Also for Mr. Kelly. You noted that the cooler is going to have locks on the door so people can't take beer and wine out of the cooler. What about are they going to have any stored like cases of beer and boxes on the floor inside the store outside of the cooler. I think red wine that's typically not cooled in the cooler is that going to be inside the store. Based on the information that applicant provided they will be storing inside of the walking cooler and the email I received from the ABC ABC with a site was it and site was it and they said they meet with all the requirements for alcohol and like a saving or storing alcohol on site. Thank you. Any other questions for me, she, calling. Okay, then. I'm sorry, chair, we did have just an additional response. Okay. Miss you calling that is regulated by the ABC and also is found in the business and professions code for the allowable hours for sale of alcohol. Thank you very much. Vice chair Peterson, you had a question of the applicant. kind of a general question. The staff report mentioned that this is looking at being maybe one or two percent of your sales. You've operated for 31 years without doing this. Why the change? I'm just letting chair weeks and commissioners know that the applicant is not on the call right now. Oh, like they were previously, they may have been dropped. So I don't know if that's something that planner Chicago is able to answer, but the applicant is no longer on the call. I can't answer that. I believe they are the new owner who took over this gas station in 2014 or maybe 16 and they decided to add that sale at this time. So I believe in 2014 they took over this one, but I don't know the reason why they want to add it right now after six years. That's fine. Not not determinative. Thank you. Any other comments, questions? OK, so if somebody would like to enter this resolution, don't all speak at once. Mr. Duggan, thank you. Thank you. 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 to allow the existing Valero gas station located at 4501 Highway 12, APN 182-490-016 to sell beer and wine for offsite consumption. File number CUP 21-007 and wait for the reading. Thank you. Is there a second? Second. Thank you. So that was moved by Commissioner Duggan and seconded by Commissioner Acrepti. So we'll start with comments with Commissioner Carter. Well, this all looks pretty straightforward to me. It appears that the application meets the requirements of the ABC and I can make the findings that are necessary for approving the use permit resolution. So I'll be supporting the project. Thank you, Commissioner Duggan. I too can make all the findings, so I'll be supporting the resolution. Thank you, Commissioner Acrepti. I can make all the required findings and we'll be in favor of the application. Thanks, and Vice Chair Peterson. Well, if my comments didn't give a little bit away, what a contrast with the CUP's we see for cannabis facilities. You know, with those, we're getting traffic studies and odor mitigation plans, security plans. It's got limited hours of operation. And, you know, in this case, we've got, we want to sell alcohol and we can do it until two in the morning and starting at six a.m. And I just, I have to say, I agree with the public comments. I don't see that the point of this, you know, there's already plenty of places selling alcohol in the area. They've been operating for 31 years without it. So at least there's no business case I see. And I think that granting the permit would be a nuisance or could be injurious or detrimental to the public interest health safety, convenience or welfare. And I don't see what possible good thing could happen from selling someone beer at 1.30 in the morning or six in the morning and then them getting in their car and driving off. So I do not I'm not able to make that finding. Thank you. I will be supporting this project. And I want to thank planet Chicago for sending us that detailed information regarding the use and use and necessity. That's not the right term, but that I think you know what I mean. So anyway, with that, we'll go ahead and Mr. Maloney, if you could call the role, please. Thank you. Chair Weeks, Commissioner Carter. I Commissioner Duggan. I Commissioner Holton is absent. Commissioner O'Cripkey. I Vice Chair Peterson. No. And chair weeks. I so that passes with four eyes and one no. Vice Chair Peterson voting no and one absence that being Commissioner Holton. So that we'll move on then to the next item, which is item 9.3. It's a public hearing on that and it's an update on the density bonus. And Mr. Gus Gustafson is going to be our presenter on this. Thank you. And I'm kidding. Thank you. I'm going to turn on my video so you can see me. Here I am. Thank you so much. Good afternoon. My name is Andy Gustafson. I'm presenting to you an update to the density bonus ordinance. We're recommending approval and advance it. This ordinance update will implement state law and will adjust the supplemental density bonus program that's a part of our local ordinance and different in added to the state law. The new state law came into effect in January 2021. It rolled up a number of legislative initiatives that have occurred over the last couple of years. And what it did was to lower the affordable set aside requirement needed to qualify for state density bonus. It increased the maximum of the state's density bonus from 35 to 50 percent. And also it added a new provision that 100 percent affordable housing project can now allow 20 percent moderate income rental units that did not was not allowed previously. It also changed a little bit how waivers or incentives are administered. Now it limits the maximum number to four. And previously it was not limited beyond four. The city can elect to allow more waivers. And then it made clarification of unobstructed access to a transit facility that helped to resolve some uncertain language. And then it also further reduced or continued the trend of limiting the amount of parking that is required of projects in which local agencies such as Santa Rosa can impose projects within a half mile of a transit facility. The key changes that have been triggered by state law causes us also to modify our supplemental density bonus. Some members of the commission may not have been here when the city adopted its current density bonus program. When it did so, it implemented the state law and effect at that time, but also went further and allowed for a supplemental density that allowed projects that qualify that were located within the downtown downtown station area plan area and a north Santa Rosa station plan area to get additional density beyond what the state would allow. In order to achieve that density, projects had to provide additional affordability or additional community benefits. But what it did was was to allow density to pick up where the state's density left off. Now with the increase going from 35 to 50% the point at which our supplemental density program begins has been adjusted as is illustrated by this chart. We have three tiers of supplemental density and previously you could get up to a 60%, 80% or 100% increase. We're maintaining that maximum. But the amount of supplemental density for each of those tiers have been adjusted to 10%, 30% and 50%. Also with the density bonus ordinance, we did a little bit of cleanup to make the many tables into one consolidated table makes it a bit easier to read and administer. So that's really the main changes to the density bonus ordinance that is proposed for this amendment. The density bonus ordinance was adopted in January 2019, the one that we're amending today. And at that time, when we added the supplemental density, we conducted environmental review and we prepared and the city council certified a negative declaration. That negative declaration continues to be valid. There have been no fundamental changes to the project environment or circumstance, nor has this project altered any effect of the previously evaluated ordinance, namely the 100% maximum density that can be achieved with the project exercising the supplemental density has not been altered. We have not increased the total density that may be permitted in the city. Therefore, a subsequent environmental review is not required. So I'm available for any questions, details. The recommendation is that by resolution, the planning commission, that resolution, the planning commission recommend the city council introduce an ordinance to amend the city zoning code chapter 2031, density bonus and other developer incentives to be consistent with state government code section 65915, density bonuses and other incentives. And thank you. That concludes my presentation. Thank you, Mr. Gustafson. Is there any questions of him? My fellow commissioners strolling through to see if I see anybody with questions. Okay, so then we'll go ahead and open the public hearing on this item. If the host could stop sharing the screen, it would be helpful. Thank you. Thank you. I'll do that as soon as I control my screen. Thank you. Okay, thank you. Okay, so I am going to am opening the public hearing on this item. If you wish to make a comment via zoom, please select the raise hand button. If you're dialing in via telephone, please dial star nine to raise your hand. Each speaker has three minutes. The countdown timer will appear for the convenience of the speaker and viewers. Please make sure to unmute yourself when you're invited to do so. And your microphone will be muted at the end of that countdown time. Mr. Maloney, do we have anybody? We do not. We have one caller and no other members of the public and the caller is not raising their hand. Thank you. So with that, I will go ahead and close the public hearing on this item and bring it back to the commission and ask again if anybody has any questions on this item. Okay, then is somebody willing to go ahead and enter the resolution? Yeah, I'll go ahead and move a resolution of the planning commission of the city of Santa Rosa, recommending that the city council adopt an ordinance to amend city zoning code chapter 20-31. Density bonus and other developer incentives to be consistent with state government code section 65915. Density bonuses and other incentives file member REC 21-003 and wait for the reading of the text. Thank you very much. Is there a second? Commissioner Carter, seconds. So then we'll bring it to the commission for comments. So we'll go ahead and start with you, Commissioner Carter. Well, it appears that the ordinance as proposed brings us in line with the state without hampering any of our abilities to award density bonuses, especially for lower income projects. So I'll be able to make all of the necessary findings and support the staff's recommendation. Thank you, Commissioner Duggan. Yeah, thank you. Thanks, staff, for the clear description of the changes and walking us through state changes. And it was very easy to follow. And I can make all the required findings. Thank you. Commissioner Krapke? Yeah, I agree with my fellow commissioners. I don't have anything really else to add. So I'll just say that I can make the required findings and we'll be supporting the recommendation. Thank you, Vice Chair Peterson. Yes, not much to add. I hope that this does, you know, further the goal of getting more affordable housing built. Brings us in line, obviously, with the state requirements. And I can make all the required findings. Thank you. And I also can make all the required findings and appreciate the, I'm not going to say simple because it's not simple, but the clear, concise presentation from Mr. Gustafson. And I do have one question I should have asked before. And that is, do you have any idea when this will go to the city council? It will be approximately eight weeks from now, given the timelines. All right. Thank you. So with that, it was moved by Commissioner Krapke, seconded by Commissioner Carter. Mr. Maloney, if you'd like to call roll. Thank you, Chair Weeks. Commissioner Carter? Aye. Commissioner Devin? Aye. Commissioner Holton is absent. Commissioner Krapke? Aye. Vice Chair Peterson? Aye. Chair Weeks? Aye. So that passes with five ayes. Commissioner Holton being absent in one vacancy. And that concludes that item. And unless Mr. Triple has anything for us, that we'll conclude our meeting today. Chair Weeks, for the record, can you repeat who the motion in second was on that? Yes, it is. It was moved by Commissioner Krapke and seconded by Commissioner Carter. Thank you. And staff has no further business for the commission. Thank you, Chair Weeks, and thank you for your time today, Commissioner Nurse. Great. So the meeting is adjourned to our next schedule. No, the meeting is adjourned to our next scheduled meeting of the Planning Commission, which I believe will be September. No, correct. Thank you all. Thank you. Good evening.