Special Planning Commission

* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OKAY, [CALL TO ORDER] WE'RE GONNA CALL THE MEETING ORDER. UH, WILL THE CLERK [ROLL CALL] TAKE THE ROLL PLEASE? COMMISSIONER EBNER. PRESENT. COMMISSIONER GOLDMAN? HERE. COMMISSIONER SHILL? HERE. COMMISSIONER MOSES? HERE. COMMISSIONER NORI AUER. PRESENT. COUNCIL MEMBER BARNACLE. PRESENT. CHAIR NEWELL. PRESENT. WE HAVE A QUORUM. ALRIGHT, THANK YOU. WE WILL NOW OPEN GENERAL PUBLIC COMMENT. UH, YES. ARE THERE ANY, UH, MEMBERS OF THE PUBLIC, UH, ARE INVITED TO MAKE COMMENTS ON ITEMS OF PUBLIC INTEREST THAT ARE WITHIN THE PLANNING COMMISSION'S SUBJECT MATTER JURISDICTION, AND THAT ARE NOT LISTED ON THE CURRENT AGENDA? PUBLIC COMMENTS ARE LIMITED TO UP TO THREE MINUTES PER PERSON. DEPENDING ON THE NUMBER OF PERSONS WISHING TO ADDRESS THE PLANNING COMMISSION. TIME WILL BE ALLOCATED IN EQUAL SHARES. TOTALLY. NO MORE THAN 15 MINUTES. UH, WE NOW OPEN PUBLIC COMMENT AND ANY SPEAKERS, PLEASE BRING YOUR SPEAKER CARDS TO THE CLERK'S DESK IF THEY HAVE NOT ALREADY. HAS THE CLERK RECEIVED ANY COMMENTS PRIOR TO THE MEETING? WE DID NOT RECEIVE ANY GENERAL PUBLIC COMMENTS PRIOR TO THE MEETING. ALL IN PERSON, PUBLIC SPEAKERS, PLEASE, UH, ARE, ARE THERE ANY THAT HAVE TURNED IN CARDS FOR THE CLERK IS TRYING TO FIX OUR TECHNICAL DIFFICULTIES WHILE I'M ASKING THE CLERK TO PERFORM A FUNCTION, SO WE'LL GIVE HER A BREAK. HAS, HAS ANYONE TURNED IN A CARD FOR GENERAL PUBLIC COMMENT? NO. ALRIGHT. WE'LL CLOSE, UH, GENERAL PUBLIC COMMENT. THERE ARE NO PRESENTATIONS TONIGHT. WE'LL [APPROVAL OF MINUTES] NOW, UH, CONSIDER THE MINUTES, UM, MEDIUM ITEM ONE APPROVAL OF MINUTES, UH, FOR THE MEETING OF AUGUST 25TH, 2026. UH, I'D LIKE TO INVITE COMMISSIONERS TO PROPOSE ANY AMENDMENTS, IF ANY SEEN NONE. THE MINUTES ARE APPROVED AS PUBLISHED, AND WE WILL CLOSE AGENDA ITEM ONE. WE'LL NOW OPEN AGENDA [PUBLIC HEARINGS AND MATTERS FOR CONSIDERATION] ITEM TWO, WHICH IS A PUBLIC HEARING AND A RECOMMENDATION TO THE CITY OF, UH, TO RECEIVE A STAFF PRESENTATION AND PUBLIC COMMENT AND, AND CONDUCT A PUBLIC HEARING TO CONSIDER A STAFF RECOMMENDATION TO APPROVE A RESOLUTION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTERS 1 2 3 4 6 7 11, 27 AND 28, AND SECTIONS 12.030 24.0 5, 26, AND 26.02. THE IMPLEMENTATION ZONING ORDINANCE, ADDING SECTION 24.12 REGARDING REASONABLE ACCOMMODATIONS AMENDING SECTION TWO AND RELATED PROVISIONS OF THE SMART CODE AND AMENDING THE CITYWIDE ZONING MAP AND SMART CODE REGULATING PLAN AS PART OF PETALUMA ZONING REFORM. PHASE ONE, TO IMPLEMENT THE PETALUMA GENERAL PLAN 2050, THE AMENDMENTS UPDATE ZONING CLASSIFICATIONS AND MAPS, ALLOWABLE LAND USES AND DEVELOPMENT STANDARDS, OBJECTIVE DEVELOPMENT STANDARDS, PERMITTING AND REVIEW PROCEDURES, FLOODWAY AND FLOOD REGULATIONS, DENSITY BONUS REGULATIONS, AND RELATED TECHNICAL AND PROCEDURAL PROVISIONS CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE PHASE ONE ZONING AMENDMENTS ARE A SUBSEQUENT ACTIVITY WITHIN THE SCOPE OF THE GENERAL PLAN 2050 PROGRAM. ENVIRONMENTAL IMPACT REPORT PURSUANT TO SQA GUIDELINES, SECTION 1 5 1 68, SUBSECTION C TWO, AND NO ADDITIONAL ENVIRONMENTAL DOCUMENT IS REQUIRED. THIS AGENDA ITEM IS A PUBLIC HEARING AND DOES REQUIRE DISCLOSING ANY EX PARTE COMMUNICATIONS WITH THE STAFF. PLEASE, UH, MAKE A PRESENTATION. SURE. UH, CHAIR, YOU'LL NEED TO ASK FOR COMMISSIONERS TO DISCLOSE EX PARTE COMMUNICATIONS. FIRST, AH, ARE THERE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? I SEEING NONE. GREAT. PLEASE PROCEED. THANK YOU CHAIR, AND, UH, GOOD EVENING COMMISSIONERS. UH, WE'LL LET MY SCREEN SHARE AND THEN WE'RE READY TO BEGIN. [00:05:02] UM, SO MY NAME IS ANDREW TRIPLE. I AM THE PETALUMA ZONING REFORM PHASE ONE PROJECT MANAGER, PRINCIPAL PLANNER WITH M GROUP. AND, UH, JOINING ME THIS EVENING IS, UH, MY M GROUP COLLEAGUE HEATHER GITZ. UH, HEATHER IS A SENIOR PLANNER WITH M GROUP, AND SHE'S ALSO BEEN SUPPORTING, UH, DRAFTING OF THE PHASE ONE AMENDMENTS, AS WELL AS A VARIETY OF OTHERS, UH, WHO ARE BEHIND US, UM, PERHAPS WATCHING THIS EVENING. SO, UH, PHASE ONE IS, UH, THE AMENDMENTS. IT'S, IT'S A TWO PHASE PUBLIC HEARING, SO WE'RE BEGINNING THE PUBLIC HEARING THIS EVENING, AND THEN WE'LL CONTINUE THE PUBLIC HEARING TO, UH, DATE CERTAIN OF SEPTEMBER 29TH AT 6:00 PM UH, WHERE WE'LL TAKE IT UP AGAIN AND CONTINUE TO, UH, PRESENT AND REVIEW MATERIALS. UH, NO DECISION IS BEING ASKED OF YOU THIS EVENING. UM, THERE WILL BE AN OPPORTUNITY FOR THE PLANNING COMMISSION TO TAKE UP A RECOMMENDATION FROM STAFF, UM, ON SEPTEMBER 29TH, AND WE CAN TALK ABOUT WHAT THAT PROCESS LOOKS LIKE, UH, THROUGHOUT THIS EVENING. SO THIS EVENING, WE WILL BE, UH, I'LL BE OFFERING YOU A STAFF PRESENTATION ON THE 12 ITEMS THAT THE CHAIR MENTIONED, UH, IN HIS, UM, INTRODUCTION TO THIS MEETING ITEM. UH, WE'LL BE ASKING THE COMMISSION FOR DISCUSSION, UM, TO RAISE QUESTIONS FOR CLARIFICATION AND TO PROVIDE DIRECTION, UM, WHERE IT'S REQUESTED BY STAFF. UH, OF COURSE, AS PART OF A PUBLIC HEARING, WE WILL PROVIDE AN OPPORTUNITY FOR PUBLIC COMMENT AND THEN ALSO, UM, RATHER THAN CLOSE THE PUBLIC HEARING, IT WILL BE CONTINUED TO DATE CERTAIN OF SEPTEMBER 29TH. UH, WITH REGARD TO PUBLIC COMMENT, THE QUESTION WAS RAISED, WOULD A PUBLIC COMMENT ONLY BE OFFERED THIS EVENING OR OFFERED ONLY AT SEPTEMBER 29TH? THERE IS NO, NO RULE ON THAT. UH, THE CITY HAS ALWAYS VALUED, UH, PUBLIC COMMENT AND ENGAGEMENT IN DURING ITS PUBLIC HEARINGS, AND SO WE ENCOURAGE, EXCUSE ME, WE ENCOURAGE THE CHAIR COMMISSION TO RECEIVE PUBLIC COMMENT BOTH THIS EVENING AND ON SEPTEMBER 29TH. SO THERE ARE THREE CHANGES FROM THE REPORT IN YOUR PACKET. UM, CHAPTER 12 IS MOVING TO SEPTEMBER 29TH, AND WE'LL TALK ABOUT THAT, THE REASONS WHY. AND THEN, UM, THE, UH, SECTION 24.050, WHICH IS THE PROPOSED SITE PLAN AND ARCHITECTURAL REVIEW EXEMPTION. WE'LL, UH, REVIEW IT THIS EVENING AND THEN WE'LL RETURN TO IT AGAIN ON SEPTEMBER 29TH AS WELL. FINALLY, WE DID, UH, WE DID, UM, FIND SOME HEIRS AND ATTACHMENT HC, TABLE FOUR, ONE THROUGH FOUR FOUR, THE RED LINE VERSION OF THAT TABLE, AND WANT TO DISCLOSE THOSE HEIRS. THE, UH, WHAT WAS, WHAT WAS TERMED THE CLEAN TABLE, I BELIEVE, UH, IS, IS CORRECT. UM, BUT WE WILL BE REPUBLISHING ALL OF THIS EVENING'S MEETING ITEMS AS WELL AS ADDITIONAL CHAPTERS ON FOR THE SEPTEMBER 29TH PUBLIC HEARING. AND, UH, WE'LL MAKE SURE THAT THOSE ARE ALL CORRECT AS WELL AS TO IDENTIFY CHANGES. SO, TO QUICKLY REVIEW WHY THE ORDINANCE IS BEING UPDATED, WE HAVE THREE PRIMARY TRIGGERS, UH, FOR THIS FIRST COMPREHENSIVE UPDATE SINCE 2008. UH, THE, OF COURSE, THE NEWLY ADOPTED GENERAL PLAN WAS ADOPTED LAST EVENING BY THE CITY COUNCIL, AND, UM, IT DIRECTS A VARIETY OF BOTH, UH, WHAT WE CALL TECHNICAL OR OBJECTIVE STANDARDS TO BE IMPLEMENTED AS WELL AS, UH, POLICY RECOMMENDATIONS TO BE REVIEWED. SO IN PHASE ONE, UM, WE ARE IMPLEMENTING, UH, THE NEW LAND USE, UM, DESIGNATIONS THAT ARE ESTABLISHED BY THE GENERAL PLAN AS WELL AS THOSE OBJECTIVE STANDARDS RELATED TO THEM. ADDITIONALLY, WE ARE TAKING THE OPPORTUNITY TO RESPOND TO STATE LAW, UH, AS WE ALL KNOW AND HAVE DISCUSSED, UH, ON AT NUMEROUS OCCASIONS. THERE'S, UH, JUST BEEN A PLETHORA OF CHANGES TO STATE LAW, ESPECIALLY AROUND HOUSING, UM, TO ENCOURAGE HOUSING PRODUCTION AND, UH, WE NEED TO BE RESPONSIVE TO THAT. UM, AS WELL AS CROSSING BOTH OF THOSE IS THE HOUSING ELEMENT THAT WAS CERTIFIED. AND, UM, WE, UH, WANT TO CONTINUE TO IMPLEMENT THE HOUSING ELEMENT, UH, THROUGH THIS PHASE ONE WORK AND INTO PHASE TWO AS WELL. FINALLY, WE'VE, UH, YOU KNOW, THE LAST, UM, IMPLEMENTING ZONING ORDINANCE WAS ADOPTED IN 2008. IT'S RECEIVED INCREMENTAL AMENDMENTS, UM, AND IN REALITY THOSE HAVE BEEN VERY SPECIFIC, ALMOST SURGICAL, UH, AMENDMENTS. AND SO, UH, WHAT WE'RE DOING HERE IS REALLY BRINGING 18 YEARS OF EXPERIENCE IMPLEMENTING THAT, UM, ZONING ORDINANCE TO BEAR ON, UH, THE, THE, UH, PETALUMA ZONING REFORM PROJECT AS A WHOLE. AND SOME OF THAT THEN MANIFEST IN PHASE ONE. SO DOWN AT THE BOTTOM WE CAN SEE, UH, JUST ABOVE THE, UM, CLOSE CAPTIONING PHASE ONE IS FUNDAMENTALS WITH [00:10:01] PHASE TWO, WHICH IS BEING REFORMED. THAT'S WHERE WE GET INTO SOME POLICY, UM, IMPLEMENTATION, UH, OCCURRING IN 2027. AND THEN PHASE THREE, WHAT WE'RE CALLING MODERNIZATION, WHICH IS REALLY AN ADMINISTRATIVE AND PROCEDURAL, UH, WORK THROUGH OF WHAT WILL THEN BE THE PETALUMA ZONING ORDINANCE WILL TAKE PLACE AFTER THAT. SO WHAT WE HAVE BEFORE YOU THIS EVENING, AND THEN AGAIN ON THE 29TH OR A VARIETY OF CHAPTERS, UH, WITH QUITE A BIT OF RANGE, AND THIS IS EXPANDED FROM WHAT WE PRESENTED TO YOU ON AUGUST 25TH. WE RECOGNIZE THAT, I THINK AS WE GO THROUGH THESE CHAPTERS, YOU'LL SEE THAT THEY'RE, THEY'RE TYPICALLY VERY INTERCONNECTED. SO, FOR INSTANCE, UM, CHANGES IN TO, UM, A SIMPLE CHANGE TO RENAME A ZONING DESIGNATION TO ALIGN WITH A LAND USE DESI OR ZONE TO ALIGN WITH A LAND USE DESIGNATION. PROMPTED, UH, CHANGES TO TABLE 7.090 B IN CHAPTER SEVEN. UM, THAT WAS UNEXPECTED AS PART OF PHASE ONE. WHILE WE KNEW THAT THE TASK OF PHASE ONE WAS TO IMPLEMENT THE LAND USE DESIGNATIONS, WE HADN'T DONE AN AUDIT TO SEE EXACTLY WHICH CHAPTERS OR SECTIONS PHASE ONE WOULD TOUCH THROUGHOUT THE ORDINANCE. SO WHAT YOU'RE SEEING HERE IS, UM, THROUGH THE IMPLEMENTATION OF PHASE ONE, HOW IT'S TOUCHING ALL OF THESE CHAPTERS. IN PARTICULAR, UH, WE DO HAVE SOME OVERLAP BETWEEN CHAPTERS. FOR INSTANCE, UH, CHAPTER FORWARD ZONE PURPOSES, UM, ACTUALLY ESTABLISHES THE ZONES. IT ESTABLISHES THE ALLOWABLE LAND USE TABLES AND THE DEVELOPMENT STANDARDS FOR THE, UH, THE ZONES. RATHER THAN TACKLE THAT WHOLE CHAPTER FOUR THIS EVENING, WE ARE SPLITTING IT UP BETWEEN, UH, ALLOWABLE LAND USE TABLES AND WHAT WE'RE CALLING THE ZONE, THE CHAPTER FOUR SECTIONS THIS EVENING, AND THEN TAKE ON THE DEVELOPMENT STANDARDS ON THE 29TH. UM, DOING THAT, THE SAME WITH, WITH A COUPLE OF OTHER AREAS AS WELL, GLOSSARY FOR INSTANCE. THEN, UM, ON THE 29TH WE'LL BE INTRODUCING SMART CODE AMENDMENTS AS WELL AS THE ZONING MAPS. UH, THE ZONING MAPS ARE, UM, CALIBRATED TO THE GENERAL PLAN LAND USE DESIGNATION MAP THAT WAS ADOPTED LAST EVENING BY COUNCIL. SO IT'S REALLY A ONE FOR ONE MATCH, UM, FROM THE LAND USE DESIGNATION TO THE ZONING DISTRICT THAT IMPLEMENTS IT. AND THEN THAT'S REFLECTED IN THE, UM, THE ZONING MAP AS WELL AS THE SMART CODE MAP. AND WE'LL BE TOUCHING ON THAT. UM, WHEN WE, WE GET TO CHAPTER FOUR. SO I WANT TO, UH, INTRODUCE PUBLIC COMMENTS THAT WE'VE RECEIVED SINCE PUBLICATION OF THIS, UH, MEETING ITEM. THE FIRST WAS A REQUEST FOR THE COMMISSION TO CONSIDER, UH, INCREASING THE SPAR EXEMPTION TO 15 UNITS. WE INTRODUCED THAT ON, UH, AUGUST 25TH, UM, AT A THRESHOLD OF 10 UNITS. THE COMMISSION REQUESTED THAT WE GO BACK AND STUDY AND INCREASE TO 15 UNITS. AND SO WE DO HAVE A PUBLIC COMMENT, UH, MAKING THAT SAME REQUEST FOR CONSIDERATION, AND WE'LL ADDRESS THAT THIS EVENING. UM, ALSO, UH, THE SAME, THE SAME COMMENTER INDICATED SUPPORT FOR A STUDY SESSION AROUND THE INCLUSIONARY HOUSING ORDINANCE AS PART OF THE, UH, ZONING REFORM PROJECT. UH, A THIRD REQUEST FROM A, A DIFFERENT COMMENTER WAS TO ESTABLISH RECREATION AS A PERMITTED USE IN THE MAKER MICRO BUSINESS, UM, ZONE. AND WE WILL BE, UH, HEATHER WILL BE GOING INTO DETAIL ON, UH, WHAT WE'RE REFERRING TO AS CHAPTER 29, WHICH IS THE CHAPTER THAT WOULD IMPLEMENT THE PROPOSED, UM, MAKER MICRO BUSINESS ZONE. THEN, UH, FINALLY WE HAD A, A PUBLIC COMMENTER WITH TWO COMMENTS, A REQUEST THAT WE MOVE FORWARD WITH A REPEAL OF SECTION 5.050, THE THEATER DISTRICT OVERLAY, WHICH SUNSETTED, UM, ONE PLUS YEARS AGO, I BELIEVE IT WAS AUGUST OF 24. UM, AND ALSO THE REPEAL OF SECTION 0 7 0, WHICH IS THE DOWNTOWN HOUSING AND ECONOMIC, UM, OPPORTUNITY OVERLAY THAT WAS ADOPTED RECENTLY, UH, WITHIN THE LAST TWO YEARS, AND HAVE THOSE REPEALS AS PART OF THE PHASE ONE ORDINANCE. WE CAN CERTAINLY, UM, HAVE THAT DISCUSSION WITH THE COMMISSION. AND THEN FINALLY, A REQUEST TO ALLOW MORE TIME TO REVIEW THE FINAL PUBLISHED PHASE ONE ORDINANCE. SO AS, AS WE'VE NOTED, WE PUBLISHED A PORTION OF THE PHASE ONE ORDINANCE HERE, UM, LAST WEEK IN PREPARATION FOR THIS EVENING'S PUBLIC HEARING, AND WE WILL BE PUBLISHING A SECOND SET OF, UM, ORDINANCES AS WELL AS MODIFICATIONS TO WHAT'S BEFORE YOU THIS EVENING ON SEPTEMBER 23RD WITH THE ANTICIPATED SECOND PUBLIC HEARING ON SEPTEMBER 29TH. SO WHAT THIS REQUEST IS ASKING FOR IS TO EXTEND, UM, THAT PUBLIC HEARING BEYOND SEPTEMBER 29TH TO GIVE MORE [00:15:01] TIME TO REVIEW THE, THE ORDINANCE. AND I THINK ON, ON, UM, THESE LAST TWO ITEMS IN PARTICULAR, IT WOULD BE GREAT TO CIRCLE BACK AFTER WE'VE HAD SOME DISCUSSION AND REFLECTION ON HOW YOU'RE RECEIVING THE INFORMATION THIS EVENING AND WHAT YOU'RE SEEING AS, UM, A, A REASONABLE REVIEW TIMEFRAME GIVEN THE EXTENT OF THE INFORMATION. SO THEN A QUICK REFLECTION ON THE GENERAL PLAN. IT WAS ADOPTED LAST EVENING. UH, THE VISION AND GUIDING PRINCIPLES WERE ADOPTED AS PROPOSED, WHICH IS GREAT BECAUSE THEY DO, UH, GUIDE, UM, THE, THE IMPLEMENTATION OF THE GENERAL PLAN THROUGH ZONING REFORM. AND WE ESPECIALLY WANTED TO DRAW ATTENTION IN ADDITION TO SOME OTHER MODIFICATIONS. UH, PROPOSED LAST EVENING THAT WERE ADOPTED WAS, UH, THE NEW ACTION, UH, THE LAND USE ELEMENT ACTION 3.2 0.6, WHICH WILL ALLOW 100% RESIDENTIAL, UM, AND, UH, CONSIDERATION OF FLEXIBILITY FROM THE GROUND, THE MINIMUM GROUND FLOOR ACTIVE USE REQUIREMENT FOR CERTAIN PROPERTIES, UH, WITHIN THE DOWNTOWN MIXED USE ZONING DISTRICT THAT MEET SPECIFIC CRITERIA. AND THAT WAS A NEW POLICY THAT WAS ADDED PREVIOUSLY. THE DOWNTOWN MIXED USE LAND USE DESIGNATION DID NOT ALLOW FOR 100% RESIDENTIAL DEVELOPMENT IN THAT WHAT WOULD BE THAT ZONE. AND, UM, DURING THE COURSE OF, YOU KNOW, FROM MAY THROUGH, THROUGH THE COURSE OF THE SUMMER, A COUPLE OF OF PROPERTIES CAME FORWARD AND SAID, YOU KNOW, WE JUST DON'T THINK THAT A MIXED USE DEVELOPMENT IS VIABLE HERE, BUT WE BELIEVE THAT A HUNDRED PERCENT RESIDENTIAL DEVELOPMENT WOULD BE VIABLE. SO COULD WE LOOK AT SOME FLEXIBILITY THERE? AND WE'VE GOT AN OPTION, UH, A MEANS OF PROPOSING SOME FLEXIBILITY THAT WE CAN, WE CAN EXPLORE. SO I WANTED TO BRING THAT TO YOUR ATTENTION COMING OUT OF LAST EVENING. SO NOW WITH THAT IN MIND, WE'LL GO AHEAD AND, AND START, UM, GOING THROUGH THE CHAPTERS. SO, UH, CHAPTER ONE, PURPOSE AND APPLICABILITY. IT IS, IT IS ONE OF THE CENTERING CHAPTERS OF THE ORDINANCE. ONE OF THE FIRST THINGS WE DO IS WE CHANGE FROM THE TERM IMPLEMENTING ZONING ORDINANCE TO THE PETALUMA ZONING ORDINANCE. WE UNDERSTAND THAT THE HISTORY BEHIND THE TERM IMPLEMENTING WAS TO SIGNIFY THAT THE 2008 ADOPTED ORDINANCE WAS NOT CONSIDERED TO BE THE FINAL, UH, FULL IMPLEMENTATION OF THE GENERAL PLAN AT THAT TIME PERIOD. SO IT TOOK THE NAME IMPLEMENTING ZONING ORDINANCE. WITH, WITH THIS VERSION HERE, WE DO PROPOSE, UH, THAT WE, WE GO AHEAD AND ADOPT A NEW NAME PETALUMA ZONING ORDINANCE, ALSO IN CHECKING IN WITH STAFF ON THAT. THEY WERE VERY EXCITED ABOUT THAT BECAUSE THAT WOULD CLEARLY DIFFERENTIATE THEN REGULATIONS AND DISCUSSION UNDER THE NEW ORDINANCE FROM THE PRIOR ORDINANCE. ALSO, UH, IN CHAPTER ONE, UH, WE PRESENT SOME AMENDMENTS AROUND THE CHARTER CITY AUTHORITY, HOW THE ORDINANCE RELATES TO STATE LAW RULES OF INTERPRETATION. AND, UH, ASSISTANT CITY ATTORNEY DYLAN BRADY IS GOING TO SHARE A BIT ABOUT WHAT, UH, WHAT MOVES WE HAVE THERE. I'M SORRY, ANDREW, CAN YOU REPEAT THAT PLEASE? WE WERE, THIS IS WHERE YOU WERE GOING TO STEP IN AND FOLLOW UP ON SOME OF THE AMENDMENTS THAT WE'RE MAKING TO THESE VARIOUS SECTIONS. UM, OKAY. SO WE, AS A CHARTER CITY, WE HAVE A HOME RULE AUTHORITY. THAT MEANS WE CAN PREEMPT THE STATE LAW IN REGARDS TO MUNICIPAL AFFAIRS AND NOT STATEWIDE CONCERNS. SO WE EXPLAIN THAT IN OUR CHAPTER AND GIVES US FLEXIBILITY FOR WHETHER OR NOT WE WANT TO ASSERT OUR CHARTER PROVISIONS, UM, RULES OF INTERPRETATIONS. THAT IS KIND OF A NEW SLIDE, AND I THINK ANDREW'S GOING TO TOUCH THAT OR A NEW SECTION. ANDREW WILL TOUCH THAT ON THE NEXT SLIDE. AND THE SEVERABILITY IS SOMETHING THAT WE INCLUDE IN ALL OF OUR ORDINANCES, BUT NOW WE'RE EXPRESSLY STATING IT HERE JUST IN CASE. AND IT'S REALLY, IF ONE OF THE SECTIONS IN THE ORDINANCE IS FOUND TO BE UNCONSTITUTIONAL OR ILLEGAL, THEN THE REST OF THE ORDINANCE WILL SURVIVE. SO IT'S GOOD TO INCLUDE IN SOMETHING THAT MOST ZONING ORDINANCES INCLUDE. YEAH, THAT OKAY, ANDREW. GREAT, THANK YOU. YES. SO THEN WE GO ON TO A SECTION 1.050 WHERE WE REWORKED SOME OF THE RULES OF INTERPRETATION. WE EXPANDED THE OFFICIAL INTERPRETATION SECTION. THE DIRECTOR DOES HAVE THE POWER TO ISSUE, UM, INTERPRETATIONS OF THE ZONING ORDINANCE WHERE CERTAIN REGULATIONS MIGHT NOT BE CLEAR. UM, AND PREVIOUSLY THAT WAS NOT PROVIDING FOR ANY SORT OF POSTING OF THOSE, UM, INTERPRETATIONS. AND SO WE'VE ENHANCED THAT TO PROVIDE FOR HOW ONE MIGHT GO ABOUT REQUESTING AN INTERPRETATION, SOME OF THE LIMITS TO, UM, WHAT AN INTERPRETATION CAN DO, AS WELL AS TO ESTABLISH A 30 DAY TIMELINE FOR RESPONDING TO AN INTERPRETATION, HOSTING IT, AND THEN AN APPEAL. UM, AS PART OF THAT AS [00:20:01] WELL, THE, UH, THERE'S DRAFT LANGUAGE RECOMMENDING THAT THE DIRECTOR REPORT THOSE INTERPRETATIONS TO THE COMMISSION ON AN ANNUAL BASIS. UH, AND, AND YOU'LL SEE THAT THEN IN THE DRAFT. THEN WE UPDATED SOME, SOME LANGUAGE AROUND UNDEFINED WORDS IN THE ORDINANCE AND HOW TO FIND MEANING IN THOSE, UM, CLARIFIED CALCULATIONS. UH, SOME VERY BASIC HOUSEKEEPING AROUND INTERNAL REFERENCES, UM, HOW TO READ FOR GENERAL PLAN CONSISTENCY WAS A SECTION THAT WE ADDED. AND THEN FINALLY WE CLARIFIED SOME ZONING MAP BOUNDARIES AND HOW THEY'RE POINTING TO OTHER SECTIONS. UH, IN CHAPTER ONE, WE DO NOT MAKE ANY AMENDMENTS TO ANY ZONES OR, UM, ALLOWABLE LAND USES, BUT THAT DOES HAPPEN IN CHAPTER TWO. SO IN CHAPTER TWO IS WHERE THE GENERAL PLAN DOES OFFICIALLY BECOME THE ZONING. AND, UH, THAT'S WHERE WE CALL FOR THE ZONING MAP AND WE ESTABLISH THE ZONES. SO, UH, WE REPLACE TABLE 2.1, WHICH IS THE, THE ZONES ESTABLISHED TABLE, UM, ESTABLISHING ZONES FOR 31 OF THE 32 GENERAL PLAN DESIGNATIONS. WE ALSO HAVE, UM, ADDED SOME LANGUAGE AROUND HOW WE TREAT THE ZONING MAP AS A DIGITAL RECORD, UH, BECAUSE THAT'S REALLY IMPORTANT TODAY WE DELIVER THE ZONING MAP IN A DIGITAL FORM ONLINE, AND SO WE NEEDED TO UPDATE THE ZONING CODE AROUND THAT. UH, HOWEVER, WE DO HAVE A CAVEAT IN THERE THAT IS STILL IS ONLY AMENDED BY ORDINANCE, AND SO ONE CAN ONLY, UM, AMEND THE ONLINE ZONING MAP AFTER AN ORDINANCE HAS BEEN ADOPTED. THAT WAS A REALLY LANGUAGE TO STRENGTHEN AN ALREADY STANDARD PRACTICE. WE'VE NOT HAD ANY ISSUES WITH THAT, BUT IT WAS IMPORTANT TO CLARIFY THAT WE ADDED OTHER RULES AROUND ANNEX LAND. AGAIN, UM, REITERATING AROUND GENERAL PLAN CONSISTENCY, WE EXPANDED BOUNDARY RULES TO BE MORE CLEAR AROUND HOW TO ESTABLISH BOUNDARIES OF ZONING DISTRICTS. AND THEN, UH, WE CORRECTED, UH, A ONE OR MORE LONGSTANDING DEFECTS. UM, WHEN THE FLOODWAY ZONE WAS ESTABLISHED, IT WAS NEVER ACTUALLY REPORTED OUT IN CHAPTER TWO. AND IT SHOULD HAVE BEEN, AS WE DISCUSSED IN THE AUGUST 25TH MEETING, UH, AROUND, UH, PARCELS WITH SPLIT ZONING AND TOOK DIRECTION FROM THE, UM, PLANNING COMMISSION. THAT SPLIT ZONE PARCELS FOR THE PURPOSES OF DENSITY COULD BE AGGREGATED, UH, AND DEVELOPED ACROSS PARCEL LINES OR ACROSS ZONES, RATHER. NOT PARCEL LINES, BUT ACROSS ZONES. HOWEVER, UM, THE NON-RESIDENTIAL USE IN THE CASE OF A MIXED USE, UM, PROJECT WOULD HAVE TO REMAIN ON THAT PORTION OF THE PROPERTY THAT WAS ZONED FOR THE NON-RESIDENTIAL USE. SO THAT'S CLARIFIED IN CHAPTER TWO. THEN, UM, HOW THE ZONES ARE ORGANIZED. WE'VE CREATED FOUR ZONE FAMILIES, WHICH ALIGN WITH THE GENERAL PLAN LAND USE DESIGNATIONS. THERE'S SEVEN RESIDENTIAL ZONES, SIX MIXED MIXED USE ZONES, UM, SIX COMMERCIAL AND INDUSTRIAL ZONES, AND THEN SIX PUBLIC ZONES. WE HAVE THE, THE ZONE FAMILY PREFIX IS THE IDENTIFIER. SO ALL OF OUR NEW ZONES NOW WOULD BEGIN WITH EITHER R-M-U-C-I OR P AND THAT HELPS WHOEVER IS READING THE ZONE UNDERSTAND ITS ORIENTATION IN RELATIONSHIP TO, UH, THE OVERALL ZONING STRUCTURE AS FAR AS THE ALLOWABLE LAND AS, AS WELL AS ALLOWABLE LAND USE TABLES AND DEVELOPMENT STANDARDS. UM, AND THEN WE, WE ARE FOR THE FIRST TIME INTRODUCING THE SMART CODE REFERENCE TO THE SMART CODE INTO THE STANDARD ZONING ORDINANCE. PREVIOUSLY, IT'S NOT EVEN, I DON'T BELIEVE IT'S EVEN BEEN REFERENCED, THE SMART CODE REFERENCES THE STANDARD ZONING CODE, BUT NOT VICE VERSA. SO WHAT WE DID DO IS, UM, WE DO REFERENCE THE, UH, SMART CODE ZONES THAT ARE BEING ESTABLISHED TO IMPLEMENT THE GENERAL PLAN. THIS DOESN'T HAVE THE EFFECT OF ESTABLISHING THOSE ZONES IN THE SMART CODE. WE STILL HAVE TO GO OVER WITH A COMPANION AMENDMENT AND ESTABLISH THOSE ZONES. BUT IT DOES HELP TO SHOW HOW ALL OF THE GENERAL PLAN LAND USE DESIGNATIONS ARE BEING IMPLEMENTED IN THIS BIFURCATED ZONING ENVIRONMENT THAT WE HAVE IN PETALUMA AS A RESULT OF THE SMART CODE. UH, ONE OTHER THING WE'RE ADDING THAT, THAT IS LACKING IN THE IMPLEMENTING ZONING ORDINANCE IS TABLE TWO DASH TWO, THE FORMER ZONES AND THEIR SUCCESSORS. THIS IS ESPECIALLY HELPFUL TO STAFF AS THEY TRANSLATE BETWEEN, UM, PROJECTS THAT WERE APPROVED UNDER THE IMPLEMENTING ZONING ORDINANCE AS WELL AS THEN, UH, TODAY AND, AND HOW TO THINK ABOUT AND APPLY REGULATIONS UNDER THE FORTHCOMING PETALUMA ZONING ORDINANCE. AND THEN, UM, SECTION 2.080, WE TOOK ACTIONS THERE, UM, JUST TO CLARIFY WHAT HAPPENS, UH, WITH SOME OF THESE ZONES RETIRING AND SO FORTH. [00:25:01] SO A BIT OF AN ADMINISTRATIVE SECTION IN, UH, THAT, THAT WAS HANDLED THERE. CHAPTER THREE, THEN WE GET INTO DEVELOPMENT AND LAND USE APPROVALS. SO IF WE E ESTABLISHED THE ZONES IN CHAPTER TWO, THEN WHAT WE DO IN CHAPTER THREE IS WE SAY HOW THEY'RE REGULATED. WE DON'T SAY WHAT, WHAT USES ARE ALLOWED OR WHAT DEVELOPMENT STANDARDS ARE APPLICABLE, BUT WE STILL NEED TO HAVE CHAPTER THREE TO, UM, TO BUILD THE, UH, DEVELOPMENT AND LAND USE APPROVAL SCHEMA THAT THAT CAN THEN BE APPLIED. UH, WE DID MAKE SOME CHANGES IN 3.020 NEW USES THAT MUST BE ALLOWED. PERMITS THAT COME BEFORE BUILDING. WE TALKED ON AUGUST 25TH ABOUT THE, UH, DESIRE TO BE ABLE TO REVIEW AND ISSUE, UM, A BUILDING PERMIT FOR SITE PREPARATION OR GRADING PRIOR TO APPROVAL OF PLANNING ENTITLEMENTS THAT WOULD BE REQUIRED IN THE CASE OF A DISCRETIONARY PROJECT. AND, UH, THAT WOULD BE REFLECTED. THEN IN CHAPTER THREE. UH, WE HAD SOME DISCUSSION AS WELL ON THE 25TH ABOUT, UM, UH, AN AMENDMENT TO ALLOW FOR, UH, OR TO CHANGE AN EXISTING RULE, WHICH WOULD SAY THAT THE HIGHEST PERMIT ON A LOT GOVERNS. SO WHAT WE WERE RUNNING INTO IS YOU COULD HAVE A, A SCENARIO WHERE YOU HAVE MIXED USE DEVELOPMENT AND PERHAPS A NON-RESIDENTIAL PORTION OF THAT MIXED USE DEVELOPMENT REQUIRED A CUP WHILE THE RESIDENTIAL COMPONENT WAS PERMITTED BY RIGHT. WHAT THE, THE RULE IS IT'S CURRENTLY STATED WOULD ELEVATE ALL OF THAT PROJECT TO THE CUP STATUS WITH THIS NEW RULE REWRITTEN. IT WOULD ALLOW THE HOUSING TO TAKE ON ITS OWN PERMIT REQUIREMENT AND ALLOW THAT HOUSING THEN TO BE PERMITTED BY RIGHT, AND NOT SUBJECT TO DISCRETIONARY REVIEW. SO A NICE CLARIFICATION THERE. AND THEN IN, UM, SECTION 3.030 IS WHERE WE GET INTO THE ACTUAL ALLOWABLE USE, UM, SYMBOLS. AND SO WHAT WE'LL SEE THEN IN CHAPTER FOUR, ALLOWABLE LAND USE TABLES, OF COURSE, A P MEANING PERMITTED BY RIGHT AND SUBJECT TO THE ORDINANCES OBJECTIVE STANDARDS, A MINOR USE PERMIT FOR WHICH THE REVIEW AUTHORITY IS THE DIRECTOR OR THE ZONING ADMINISTRATOR. UM, SHOULD THE ZONING ADMINISTRATOR ROLE BE ESTABLISHED, A CONDITIONAL USE PERMIT FOR WHICH THE REVIEW AUTHORITY IS, UH, THE PLANNING COMMISSION. AND THEN, UM, AN AN S FOR APPROVAL BY A, A CHAPTER OR SECTION RULES. SO WE DO HAVE CERTAIN USES THAT HAVE SECTIONS ASSOCIATED WITH THEM. AND IF THOSE SECTIONS APPLY, THEN THAT'S WHAT THE S WOULD INDICATE. WE ALSO, UH, CLARIFY IN MANY, UH, CASES AROUND AN ACCESSORY TO A PRIMARY USE. SO THAT MIGHT BE AN EXAMPLE OF WHERE, UH, SAY THAT WE HAVE, HAVE AN OFFICE USE ASSOCIATED WITH, UM, OH, WHAT MIGHT BE A GOOD EXAMPLE, AN OFFICE WITH A CONTRACTOR YARD, RIGHT? YEAH. SO WE MIGHT HAVE OFFICE, UH, YOU KNOW, WITH ADMINISTRATIVE OFFICE ASSOCIATED WITH A CONTRACTOR YARD OR SOME OTHER NON-OFFICE TYPE OF USE. AND SO THAT, THAT OFFICE USE THEN BECOMES ACCESSORY TO A PRIMARY USE, AND WE'VE EXPANDED THE APPLICATION OF THAT TOOL AS WELL. AND THEN FINALLY, WHAT WE REFER TO AS THE M DASH, WHICH IS INDICATES THAT A USE IS NOT ALLOWED IN A PARTICULAR ZONE. UM, AND THAT HELPS CLARIFY THAT IT WASN'T JUST SOMETHING THAT WAS MISSED, BUT IN FACT THAT IT'S NOT ALLOWED. THIS DOESN'T MEAN THAT, UM, DESIGN REVIEW OR BUILDING PERMITS WOULD NOT STILL BE APPLICABLE. THEY STILL LIVE WITHIN THE ZONING CODE. ALL OTHER PERMITS WOULD BE STILL REQUIRED. THIS IS ONLY APPLICABLE TO THE ALLOWABLE USES TABLES. AND SO THEN GOING ON, UM, WHERE THE, WE LOOK AT WHERE THE PLAN DESIGNATION BECOMES A RULE FOR A PARCEL. SO IF WE'VE TAKEN THAT LAND USE DESIGNATION THROUGH CHAPTER TWO, WE'VE ESTABLISHED THE ZONE NOW IN CHAPTER FOUR THROUGH THE, THROUGH THE ALLOWABLE LAND USE TABLES, THEN WE START TO SET FORTH THE RULES FOR THE INDIVIDUAL PARCELS. SO WE CAN SEE HOW THAT RELATIONSHIP HAPPENS AND, UH, DIRECTS ALL THE WAY BACK UP TO THE GENERAL PLAN. SO TONIGHT WE'LL BE LOOKING AT, AT, UH, SOME OF THOSE SECTIONS AS WELL AS ALLOWABLE LAND USES. AND TOUCHING VERY BRIEFLY ON DEVELOPMENT STANDARDS. SO THE CHAPTER FOUR AMENDMENTS ARE QUITE, UH, QUITE EXTENSIVE. IT'S, IT'S PERHAPS THE BIGGEST SECTION OF AMENDMENTS TO, UM, THE, THE ZONING ORDINANCE. CERTAINLY THE MOST INFLUENTIAL. IT DOES REKEY EVERY TABLE TO THE NEW ZONES. SO YOU WILL SEE CHANGES IN EVERY COLUMN. UM, UPDATES. WE DO CARRY FORWARD SOME OF THE PERMISSIONS, BUT IN A LOT OF CASES, WE TOOK, UH, TOOK DIRECTION FROM BOTH THE GENERAL PLAN AND THE COMMISSION TO CREATE GREATER FLEXIBILITY AND TO REDUCE PERMIT REQUIREMENTS WHEREVER POSSIBLE, ESPECIALLY FOR, UH, NON-RESIDENTIAL USES, USES. UM, [00:30:01] IT ALSO ADDRESSES WHAT'S ALLOWED, UH, ALLOWS BY RIGHT WHAT POLICY AND STATE LAW DIRECT RANGING FROM SMALL INFILL HOUSING TO FIFTH CYCLE REUSE SITES OUTSIDE OF THE SMART CODE. AND THEN A REQUIREMENT, UM, WITH REGARD TO AGRICULTURAL EMPLOYEE HOUSING, UH, THAT AGAIN IS RESPONSIVE TO STATE LAW. WE ALSO, UM, ADDED SUPPORTIVE AND TRANSITIONAL HOUSING, WHICH WAS DIRECTED BY THE HOUSING ELEMENT AND STATE LAW. SO FULFILLING A HOUSING, UM, ACTION PLAN, UM, ACTION THAT'S REQUIRED AND ALIGNING THAT, UH, FULLY WITH STATE LAW. AND THEN WE CLASSIFIED USES THAT. UH, THE 2008 ORDINANCE NEVER ADDRESSED SUCH AS DATA CENTERS AND MOVIE THEATERS. IN SOME CASES WE HAD USES DEFINED BUT NEVER REGULATED, AND IN OTHER CASES WE HAD USES REGULATED BUT NEVER DEFINED. SO, UH, QUITE AN EXTENSIVE SORT OF, UM, MARRYING BETWEEN CHAPTER 28 AND, AND THE CHAPTER FOUR ALLOWABLE LAND USE TABLES, WHICH IS WHY YOU SEE CHAPTER, UH, 28TH AND SPAN BOTH THIS EVENING'S PUBLIC HEARING AS WELL AS THE 28TH. THAT WORK IS STILL GOING ON AS WE FINAL THE, UM, ALLOWABLE LAND USE TABLES ABLES. AND SO THEN, UH, 4.020 THE PURPOSE OF ZONES, THIS IS VERY IMPORTANT BOTH FOR, UH, YOU KNOW, MEMBERS OF THE, OF THE PUBLIC PROPERTY OWNERS AND SUCH WHO ARE LOOKING FOR GUIDANCE IN THE ZONING ORDINANCE, AS WELL AS FOR STAFF INTERPRETING AND APPLYING THE ZONING ORDINANCE. SO THIS IS WHERE WE, WE, WE TAKE THE GENERAL PLAN DESIGNATION LANGUAGE, AND THEN WE REDIRECT IT INTO THE STATED INTENT OF A ZONE. SO WE HAVE ONE PURPOSE STATEMENT FOR EACH ZONE. UM, THEY'RE GROUPED BY THE ZONE FAMILIES, THE FOUR ZONE FAMILIES THAT WE TALKED ABOUT EARLIER. AND AN EXAMPLE IS IN, UM, IN THE, THE RESIDENTIAL, UM, DIVERSE LOW DENSITY, UH, ZONE OLDER NEIGHBORHOODS. THIS ZONE IS APPLIED TO OLDER NEIGHBORHOODS IN A NEAR DOWNTOWN WITH A VARIETY OF HOUSING TYPES IN A WALKABLE SETTING, AND IT IMPLEMENTS THE DIVERSE LOW DENSITY RESIDENTIAL LAND USE DESIGNATION AND ITS ASSOCIATED DENSITY STANDARDS. SO THAT'S HOW EACH OF THOSE WOULD READ ACROSS ALL OF THE ZONES THAT ARE BEING ESTABLISHED. UM, AND AGAIN, THAT HELPS US CONTINUE TO BUILD AND, AND REINFORCE THAT RELATIONSHIP, UH, WITH THE GENERAL PLAN. THEN AS PART OF THAT, WE ALSO HAVE RULES THAT SIT BESIDE THE TABLES. AND SO, UH, THE CHAPTER FOUR SECTIONS, AS WE'VE BEEN REFERRING TO THEM, WILL HAVE ADDITIONAL SECTIONS THAT FURTHER ARTICULATE WHAT HAPPENS IN THOSE TABLES. SO FOR INSTANCE, UM, SECTION 4.030 C ADDRESSES THE MOBILE HOME ZONE. WE, WE DO HAVE A LAND USE DESIGNATION, THE RESIDENTIAL MOBILE HOME LAND USE DESIGNATION. THAT DOES REQUIRE THAT IT BE IMPLEMENTED AS A ZONE IN THE ZONING CODE, BUT WE DON'T REGULATE IT BECAUSE THE STATE REGULATES MOBILE HOME PARTS. AND SO SECTION 4.030 C EXPLAINS THAT RELATIONSHIP AND JUST PROVIDES CLARITY ON WHAT HAPPENS THERE. THE SAME THING WITH THE PLANNED, UH, UNIT AND, UH, AND PLANNED COMMUNITY DEVELOPMENT DISTRICTS. AS WE KNOW, WE HAVE OVER 150 PLANNED DEVELOPMENT DISTRICTS. UH, PHASE ONE DOESN'T SEEK TO TO CHANGE, UM, ANY OF THOSE, THOSE DISTRICTS, AND THEY ARE FOUND TO BE CONFORMING TO THE ADOPTED GENERAL PLAN. SO SECTION, UH, 4.030 D EXPLAINS HOW THOSE PLAN ZONING DISTRICTS RELATE TO THE ZONING ORDINANCE, WHERE THE ZONING ORDINANCE STEPS IN WHEN A PLAN DISTRICT DOESN'T PROVIDE REGULATORY GUIDANCE AND SO FORTH. WE ADDED A SECTION, UM, E HOUSING ON REUSE SITES TO COMPLY WITH, UH, UM, GOVERNMENT REQUIREMENTS AROUND THE REUSE OF FIFTH CYCLE HOUSING ELEMENT SITES. UM, THIS IS, THIS IS APPLICABLE TO PROPOSALS WITH 20% LOWER INCOME HOUSING UNITS. UH, THEY ARE PERMITTED WITH NO DISCRETIONARY REVIEW REQUIRED. THIS HAS TWO IMPLICATIONS, AND YOU CAN THINK OF IT AS AN SB 35 OR SAP PROJECT WHERE, UM, IT'S A MINISTERIAL REVIEW, BUT THEN ALSO BECAUSE IT'S MINISTERIAL QUA IS NOT TRIGGERED. SO A BIT OF FACILITATION FOR HOUSING DEVELOPMENT ON THESE LONGSTANDING, UM, HOUSING ELEMENT SITES. WE ALSO BUILT AROUND ONE OF THE GENERAL PLAN, UM, REQUIREMENTS, LU UH, 7.2 0.1 ACTION. UH, WE BUILT A SECTION ON HOW TO APPLY, UH, GENERAL PLAN OBJECTIVE STANDARDS RELATED TO FOUR OR FEWER HOMES. THE GENERAL PLAN CALLS FOR THE ZONING ORDINANCE, UM, TO PERMIT UP TO FOUR UNITS TOTAL UNITS ON A 3000 SQUARE FOOT LOT BY RIGHT. AND SO, UH, WE WANTED TO PROVIDE SOME ADDITIONAL GUIDANCE THERE. [00:35:01] AND THEN FINALLY, AGAIN, REFERRING BACK TO THE HEALTH AND SAFETY CODE, WE CLARIFY AROUND, UM, AGRICULTURAL EMPLOYEE HOUSING IN SECTION FOUR. SO THEN, UM, HERE WE'RE GOING TO, TO DIVE INTO THE, WHAT WE CALL THE TABLES, THE ALLOWABLE LAND USE TABLES. THERE'S FOUR OF THEM, AND THEY CAN BE THOUGHT OF AS, UM, THE RESIDENTIAL LAND USE TABLES VERSUS THE NON-RESIDENTIAL, AND THEY CORRESPOND TO THE ZONING FAMILIES. SO THE RESIDENTIAL USES THE HOUSING, UM, IS CLASSIFIED BY BUILDING TYPE. I'VE GOT A SLIDE COMING UP THAT WILL SHOW THAT, UH, WE ADDRESS SUPPORTIVE AND TRANSITIONAL HOUSING AS WELL AS ADUS EMPLOYEE HOUSING, UM, FAMILY, CHILD, UH, CARE IN LARGE FAMILY HOME AND SMALL FAMILY HOME AS, AS REQUIRED BY STATE LAW. WE IMPLEMENT THE, UH, SINGLE ROOM OCCUPANCY REQUIREMENT COMING OUT OF THE HOUSING ELEMENT AND REITERATED IN THE GENERAL PLAN. AND THEN WE STEP OVER TO THE NON-RESIDENTIAL USES MUCH OF, UH, WHAT THE GENERAL PLAN. WELL, UH, LET ME FIRST SAY HOW'S STATE, STATE LAW REALLY DOESN'T TOUCH NON-RESIDENTIAL USES AT ALL. UH, I THINK ONE AREA MIGHT, AND MAYBE 2097, WHERE IT RELIEVES THE PARKING REQUIREMENT WITHIN HALF A MILE OF HIGH QUALITY TRANSIT. BUT WHERE WE REALLY SEE THE INFLUENCE OF THE GENERAL PLAN AND OF DIRECTION RECEIVED FROM COUNCIL AND, AND THE COMMISSION IS IN THE NON-RESIDENTIAL USES, AND LOOKING AT HOW WE START TO CALIBRATE THESE NON-RESIDENTIAL USES TO ACHIEVING THE GOALS OF THE GENERAL PLAN IN TERMS OF FLEXIBILITY, STREAMLINING PROCESS, UH, REDUCING BARRIERS TO ECONOMIC ACTIVITY, UM, SUCH AS, UH, REDUCING PERMIT REQUIREMENTS AND SO FORTH. SOME OF THE OTHER THINGS WILL, WILL, UH, BLEED INTO PHASE TWO WHERE WE NEED TO TAKE MORE OF A POLICY INTERPRETATION APPROACH, AND WE WANT TO DO, UH, UH, ROBUST COMMUNITY ENGAGEMENT AROUND IDEAS OF IMPLEMENTING NEIGHBORHOOD CENTERS AND TOWN CENTERS AT LOCATIONS DEFINED BY THE GENERAL PLAN. SO, AS I MENTIONED, THE HOUSING ROSE BY BUILDING TYPE, UH, WE ESTABLISHED NEW HOUSING LAND USES TO CORRESPOND TO SOME OF THE LANGUAGE AND REQUIREMENTS OF THE GENERAL PLAN, UH, RANGING FROM DETACHED ALL THE WAY THROUGH MULTIFAMILY. THEY'RE, THEY'RE, THEY'RE ARRANGED AND CATEGORIZED THIS WAY BECAUSE THEY REFER TO THE PHYSICAL CHARACTERISTICS OF THE, UM, THE HOUSING UNIT THAT IS BEING PROPOSED FOR CONSTRUCTION. WHAT IT'S NOT GOING TO DO, YOU'LL, YOU DON'T SEE IT REFERENCING CONDOMINIUM OR FOR RENT BECAUSE THAT IS AN OWNERSHIP TYPE OF CHARACTERISTIC AND NOT A PHYSICAL CHARACTERISTIC OF THE UNIT. AND SO THIS IS REFLECTED IN THE ALLOWABLE LAND USE TABLES. AND THEN, UH, THIS IS AN EXAMPLE OF HOW WE TAKE THOSE GENERAL PLAN REQUIREMENTS AND STATE REQUIREMENTS AND START TO CODE THEM ACROSS, UM, THE VARIOUS RESIDENTIAL USES RANGING FROM DETACHED TO MULTIFAMILY AGAIN, AND THEN ACROSS THE ZONING DISTRICTS. UM, SEEING THAT DETACHED IS PERMITTED BY RIGHT, OF COURSE, IN OUR LOWER DENSITY ZONING, UH, RESIDENTIAL ZONING DISTRICTS. AND THEN AS WE MOVE INTO HIGHER DENSITY AND, AND MIXED USE, THAT DETACH STARTS TO FALL AWAY. UM, AND THEN WE'VE GOT, UM, IN 4.030 F, THIS IS, UH, A MORE CLARIFICATION OF FOUR FEWER HOMES BY, RIGHT. UH, WE LOOK AT WHERE THAT'S ALLOWED IN WHAT ZONING DISTRICTS, WE LOOK AT WHAT CONTRIBUTES. SO HOW ARE WE COUNTING THOSE FOUR UNITS? AND THEN WE CONTRI WE LOOK AT WHAT IS SET ASIDE IN ORDER TO ACHIEVE THAT, UH, GENERAL PLAN OBJECTIVE, UM, THE ZONE'S, MAXIMUM DENSITY USE PERMITS, DESIGN REVIEW AND SO FORTH BECAUSE WE'RE WE'RE INSTRUCTED TO BE, UM, VERY EXPLICIT IN THE FACT THAT A TOTAL OF FOUR UNITS IS PERMITTED BY RIGHT. AND THEN WHAT CAN STILL APPLY, BUILDING HEIGHT OF COURSE, SETBACKS, WHICH, UH, WE'LL BE LOOKING AT IN DEVELOPMENT STANDARDS, UM, ON THE 29TH PARKING, WHICH IS ADDRESSED IN CHAPTER 11 HERE. AND THEN OF COURSE, COMPLIANCE WITH OBJECTIVE DESIGN STANDARDS 4.030. THIS IS A DEEPER DIVE INTO HOUSING ON FIFTH, UM, CYCLE REUSE SITES. UH, THE SITES ARE SPREAD ACROSS, UM, THE, THE ZONING ORDINANCE, UM, I GUESS JURISDICTION OR APPLICABILITY, AND THEN THE, THE SMART CODE SECTION AS WELL. SO THE CENTRAL PETALUMA SPECIFIC PLAN. SO A QUALIFYING PROJECT IS A PROJECT THAT WOULD PROPOSE AT LEAST 20% OF UNITS AS LOWER INCOME UNITS. THEY WOULD RECORD AN AFFORDABILITY AGREEMENT, UM, UH, FOR A PERIOD OF 55 YEARS OR 45 YEARS, DEPENDING ON THE TENURE. THIS, UH, SHOULD LOOK VERY FAMILIAR. IT'S VERY SIMILAR TO, UM, THE, UH, SB 35 PROCESS. AND THEN WHAT [00:40:01] HAPPENS THERE? WELL, IF IT'S A FIFTH USE RE UH, UM, FIFTH CYCLE REUSE SITE, AGAIN, QUALIFYING WITH AT LEAST 20% LOWER INCOME UNITS, THEN IT BASICALLY FOLLOWS THE SB 35 GOING STRAIGHT THROUGH MINISTERIAL REVIEW AGAINST OBJECTIVE STANDARDS THAT APPLY. UM, IN THIS CASE, DESIGN REVIEW WOULD BE EXEMPTED. AND WE HAVE WRITTEN THIS INTO THE, UH, PROPOSED DESIGN REVIEW EXEMPTION AT, UH, IN, UM, CHAPTER 24. SUPPORTIVE AND TRANSITIONAL HOUSING GETS PATHWAYS IN THE CITY. UM, THEY ARE ALLOWED WHEREVER A HOME OF THE SAME TYPE IS ALLOWED AT THE SAME PERMIT LEVEL AND STANDARDS, AND THAT'S REFLECTED, UM, IN THE ALLOWABLE LAND USE TABLES AND THEN SINGLE ROOM OCCUPANCY AND EMPLOYEE HOUSING. UM, THIS IS, UH, SOME SHARING ABOUT HOW THOSE WERE CODED INTO THE ALLOWABLE LAND USE TABLES AND, UH, SOME OF THE WORK THAT WE ACTUALLY STILL NEED TO DO TO BRING THOSE FORWARD. AND, UH, AGAIN, KEEPING ON THE RESIDENTIAL PATHWAYS ACCESSORY UNITS AND THEN FAMILY, CHILD, UH, CARE HOMES, BOTH LARGE AND SMALL FAMILY CHILD CARE HOMES ARE, UH, REQUIRED TO BE PERMITTED BY RIGHT BY THE, BY THE STATE. THE CITY CANNOT REQUIRE ANY SORT OF PERMIT, BUSINESS LICENSE OR CHARGE ANY FEE FOR THESE, UM, USES. AND, UH, WE DID HAVE PRIOR TO, OR IN THE CURRENT ZONING ORDINANCE IN 7.060, WE DID HAVE A SECTION AROUND STANDARDS FOR, UM, FAMILY CHILDCARE HOMES. BUT THE STATE DIRECTS THAT WE CANNOT APPLY ANY STANDARDS. AND SO THAT SECTION IS BEING REPEALED. AND THEN WHAT PHASE ONE SETTLES, AND THEN WHAT IS, WHAT IT WOULD CARRY TO PHASE TWO. SO WHAT WE DO SETTLE IS WHERE EACH BUILDING TYPE IS ALLOWED IN WHICH ZONING DISTRICT WE CLARIFY BY RIGHT PATHWAYS. WE IDENTIFY THE STATE LAW HOUSING, UM, PATHWAYS THAT ARE REQUIRED, AND WE DO, UM, ESTABLISH SINGLE ROOM OCCUPANCY AND EMPLOYEE HOUSING AS, UM, LAND USES. BUT WHAT CARRIES TO PHASE TWO THEN IS, UH, LIVE WORK OPERATING STANDARDS. WE REGULATE LIVE WORK, BUT WE DON'T HAVE OPERATING STANDARDS, UM, FULLY UPDATED. UH, WE PROVIDE FOR EMERGENCY SHELTER ZONES, UM, BUT WE NEED TO ESTABLISH THOSE STANDARDS AS WELL AS FOR LOW BARRIER NAVIGATION CENTERS. THERE ARE SOME MODIFICATIONS TO CHAPTER 11 PARKING RATIOS, BUT THAT'S NOT A FULL, UM, IMPLEMENTATION OF PARKING REFORM AS, UH, DESCRIBED IN THE, UH, GENERAL PLAN. THEN DELVING INTO THE NON-RESIDENTIAL USE AS WE, WE GOT INTO SMALL SCALE PRODUCTION IN MIXED USE ZONING DISTRICTS, UH, REALLY WORKING HARD TO FIND THOSE OPPORTUNITIES WHERE WE, WE COULD REDUCE, UM, PERMIT BARRIERS AND BE MORE FLEXIBLE. AND YOU SEE HERE SOME OF THE EXAMPLES OF WHERE WE, WE WERE ABLE TO DO THAT. AND THEN AS WELL AS, UM, DELVING INTO PRODUCTION IN THE EMPLOYMENT ZONES. AND WE DO HAVE THE, UH, NANCY SANDS FROM THE ECONOMIC DEVELOPMENT TEAM IS HERE THIS EVENING FOR QUESTIONS AS WELL. AND HERE'S SOME EXAMPLES, SOME NON-RESIDENTIAL USES CLASSIFIED FOR THE FIRST TIME. WE ACTUALLY, THE COMMISSARY KITCHENS, WE UPDATED FROM A MEALS ASSEMBLY, UM, LAND USE DEFINITION AND REGULATION TO MAKE THEM A BIT MORE EXPANSIVE TO CREATE THESE SHARED COMMERCIAL KITCHEN OPPORTUNITIES. CLARIFIED, UM, AROUND BREWERIES, DISTILLERIES, AND WINERIES. UH, WE ARE SHARING, AND WE DID SHARE IN THE STAFF REPORT, THE DATA CENTER DEFINITION. UH, LOOKING FORWARD TO SOME DISCUSSION AROUND THAT THIS EVENING. UM, EV CHARGING IS A PRIMARY USE. THERE HAVE BEEN REQUESTS FOR THAT IN THE CITY, ALTHOUGH WE DO HAVE EV CHARGING, UH, REQUIRED THROUGH THE BUILDING CODE FOR NEW DEVELOPMENT CULTURAL FACILITIES. WE, WE, UM, REVISE THE DEFINITION OF THAT TO MAKE IT MORE FUNCTIONAL. AND THEN HEAVY MANUFACTURING IS A USE THAT IS STILL PROHIBITED THROUGHOUT THE CITY. IT'S, UH, IT'S LISTED AND DEFINED, BUT NOT ALLOWED. WE DID MAKE THAT PROHIBITION MORE VISIBLE. UM, A TOPIC THAT, UH, HEATHER WILL BE GOING INTO, UH, MAKER MICRO BUSINESS IN THE USE TABLES. UM, WE'LL BE VISITING THIS IN DETAIL. UH, RATHER THAN ESTABLISH AN ALLOWABLE USE COLUMN IN THE USE TABLES, WE'RE TAKING A DIFFERENT APPROACH, WHICH SHE'LL, SHE'LL DESCRIBE, LOOKING AT REGULATING THE OPERATIONAL CHARACTERISTICS THROUGH A NEW CHAPTER TO THE ZONING ORDINANCE AND, UH, AROUND BUSINESS USES. WHAT WE'RE CARRYING TO PHASE TWO IS REALLY LOOKING AT SOME POLICY CALLS AROUND, UH, PRODUCTION [00:45:01] ACTIVITIES COMBINED WITH MORE COMMERCIAL RETAIL AND SERVICES USES. UH, FOOD TRUCKS, SELF STORAGE AND FLEET PARKING ARE, UM, SLATED FOR, UH, PHASE TWO WORK. AGAIN, HITTING ON THE PARKING RATIOS, UH, FOR NON-RESIDENTIAL USES AS PART OF, UM, PARKING REFORM. AND THEN ADVANCING OUR MAKER MICRO BUSINESS THRESHOLDS. SOME OF THE DEFINITIONS TO RETHINK, UM, ARE AROUND THE VEHICLE SERVICES. WE'RE WORKING THROUGH THAT, ESPECIALLY IN LIGHT OF CONVERSATION, UH, LAST EVENING WITH THE GENERAL PLAN, UM, TRYING TO, TO GET TO A FINAL STAGE ON HOW BUSINESSES WITH SEVERAL ACTIVITIES CAN BE CLASSIFIED. WE HAVE A LOT OF OF SUCCESSFUL LOCAL BUSINESSES THAT REALLY, UM, EMPLOY A VARIETY OF DIFFERENT USES OR OPERATIONAL CHARACTERISTICS THAT MIGHT RANGE FROM SOME TYPE OF PRODUCTION TO, YOU KNOW, TEACHING CLASSES AND SUCH TO RETAIL OUTLETS AND SO FORTH. AND IT'S VERY DIFFICULT WHEN YOU HAVE A PRODUCTION ACTIVITY THAT SPANS, UM, ACROSS A COMMERCIAL ZONE LIKE A RETAIL ZONE. THE CURRENT CODE DOESN'T HANDLE THAT VERY WELL, AND SO WE'RE TRYING TO DO A BETTER JOB WITH THAT. WE'RE ALSO, UH, WE'LL BE PROPOSING A DEFINITION FOR TRADE SHOWROOMS THAT ALLOWS US TO COMBINE SALES, STORAGE AND SERVICE. AN EXAMPLE OF THIS WAS JOHN'S POOL AND DAIRY, UM, THAT, UH, UH, MR UM, OH NO, I'M GOING TO FORGET HIS LAST NAME. ESSA. ESSA. GREAT, THANK YOU. UH, HE SHARED LAST EVENING ABOUT WHAT THEY DO. YOU KNOW, THEY HAVE RETAIL SALES OF VARIOUS SUPPLIES THAT DAIRIES AND, AND, UH, YOU KNOW, HOUSEHOLDS WITH POOLS WOULD NEED, BUT THEN THEY ALSO PROVIDE PUMP INSTALLATION AND MAINTENANCE AND SO FORTH. SO WE'VE GOT KIND OF RETAIL SALES THERE. WE'VE GOT A SERVICE COMPONENT THERE. WE'VE GOT SOME WAREHOUSE AND DISTRIBUTION GOING ON THERE, AS WELL AS A CONTRACTOR ACTIVITY. AND SO THIS TRADE, SJOGREN'S IS REALLY OUR EFFORT TO TRY TO BRING ALL OF THAT TOGETHER, AND WE'LL BRING THAT BACK TO YOU ON THE 29TH. SO SOME DECISION POINTS ON, IN CHAPTER FOUR, UM, THAT WE'D LIKE TO EXPLORE WITH YOU AROUND MOVIE THEATERS. UM, WHAT LEVEL OF PERMIT WOULD YOU LIKE THEM TO HAVE FOR THE FIRST TIME? SINCE I BELIEVE 2003, UH, MOVIE THEATERS CAN BE ALLOWED THROUGHOUT THE CITY. PREVIOUSLY, THE THEATER DISTRICT OVERLAY PROHIBITED THEM FROM ANYWHERE EXCEPT WITHIN THE THEATER DISTRICT OVERLAY, AT LEAST FIRST RUN THEATERS, WHICH ARE THE ONES THAT WE TYPICALLY ATTEND. SO, UM, WE DO NEED TO RE OR WANT TO REINTRODUCE THOSE AND LOOK FOR SOME GUIDANCE SUPPORTIVE HOUSING AND EMPLOYMENT ZONES, UM, WHICH STANDARDS, UH, SHOULD FOLLOW IT INTO BUSINESS PARK AND INDUSTRIAL ZONES. A PART OF THE REASON WE LAND SUPPORTIVE HOUSING IN OUR BUSINESS PARK AND INDUSTRIAL ZONES IS BECAUSE WE DO ALLOW, UH, CARETAKER DWELLING PERMITTED BY RIGHT IN THOSE ZONES. AND WHAT THE STATE SAYS IS IF WE PERMIT A RESIDENTIAL USE IN A ZONE, THEN WE ALSO HAVE TO PERMIT SUBORDINATIVE HOUSING ALONGSIDE THAT. AND THEN FINALLY, UM, WE'RE, WE'RE ELIMINATING OPEN TABLE CELLS, UM, SO THAT NO BLANK CELL WOULD READ AS, UH, A DECISION SECTION 4.060. SO THIS IS GOING BACK TO WHAT WAS, UH, THE LAND USE ACTION, 3.2 0.6 THAT WAS ADOPTED LAST EVENING. AND WHAT WE'RE REALLY TRYING TO DO HERE IS CREATE THIS OPPORTUNITY FOR 100% RESIDENTIAL, UM, IN OUT LOCATIONS IN THE DOWNTOWN. UH, WE WILL BE BRINGING FORWARD FRONTAGE MAPS THAT WOULD DESIGNATE FRONTAGES WHERE 100% RESIDENTIAL WOULD NOT BE ALLOWED, SUCH AS LONG PETALUMA BOULEVARD, UM, IN THE DOWNTOWN AREA FROM SAY, WASHINGTON STREET TO B STREET. UH, AND, AND WE'LL HAVE THOSE FRONTAGE MAPS, UM, COMING FORWARD AS PART OF THE PACKET NEXT WEEK. AND THEN THE, UH, TWO MORE POINTS THAT WOULD BE CARRIED INTO THE PUBLICATION ON THE 23RD. AGAIN, THE, UM, THE MIXED USE DOWNTOWN PURPOSE, UM, AND WE WOULD BE REVISING THAT AND UPDATING IT TO BE CONSISTENT WITH LAST, LAST EVENING'S ADOPTION, AND THEN EXTENDING UPON THAT, AND THEN ALSO WORKING THROUGH, UM, THE HEIGHT STEPPED DOWN IN THE MIXED USE ZONING DISTRICT. WE DO NEED TO ADD A CLARIFICATION THAT WAS ALSO ADOPTED LAST EVENING, THAT THESE STEP DOWNS DO HAPPEN, THAT THE HEIGHT IS CAPPED AT THREE STORIES WHEN IT'S ABUTTING A RESIDENTIAL ZONE. UH, AND SO THAT'S A HELPFUL CLARIFICATION THAT WE'LL BE ABLE TO, TO RIDE INTO THE, THE CODE THAT WILL COME FORWARD NEXT WEEK. CHAPTER FIVE, OVERLAY ZONES. AT THIS POINT IN TIME, YOU'LL SEE THAT THE AMENDMENTS BEING PROPOSED ARE REALLY SOME CLEANUP AMENDMENTS. UM, AND OF COURSE THE PUBLIC COMMENT THEN THAT WAS, WAS, UH, BROUGHT FORWARD EARLIER THIS EVENING [00:50:01] AROUND A REPEAL OF THE THEATER OVERLAY AS WELL AS THE DOWNTOWN HOUSING AND ECONOMIC, UM, OPPORTUNITY OVERLAY IS OPEN FOR DISCUSSION. WE DID, UM, CLARIFY AROUND THE FLOOD OVERLAY EXCEPTION, SO THAT WAS A MODIFICATION TO 0.20 A. UH, HEATHER WILL TALK THROUGH THAT WHEN SHE PRESENTS CHAPTER SIX. AND, UM, THEN I THINK THAT'S WHERE WE'RE AT HEADED INTO, UH, WHAT WAS, IS A QUITE SIGNIFICANT CHAPTER, THE, UM, THE FLOOD AND FLOODPLAIN OF REGULATIONS. OKAY, GOOD EVENING PLANNING COMMISSIONERS. MY NAME IS HEATHER GRITZ, SENIOR PLANNER, AND I HAVE BEEN WORKING WITH ANDREW ON A COUPLE CHAPTERS THAT I'LL BE SHARING INFORMATION WITH YOU, UM, TONIGHT. AND CHAPTER SIX IMPLEMENTS THE GENERAL PLANS FLOOD RESILIENCE ELEMENT. UH, THE CITY SPENT ALMOST TWO YEARS, I WANNA SAY, WORKING ON REFINING MAPS USING THE LATEST TECHNOLOGY, WORKING WITH SPECIALIZED ENGINEERS WHO HELPED MODEL THE FLOOD POSSIBILITIES IN UNDER THE CURRENT SITUATION AS WELL AS AS FUTURE FLOOD MODELING. AND FUTURE FLOOD MODELING IS ACTUALLY GONNA BE PART OF PHASE TWO. UM, SO THAT WILL GET IMPLEMENTED INTO THE ZONING CODE IN THAT PHASE. BUT IN THIS PHASE, UM, IN ORDER TO BRING THE ZONING ORDINANCE INTO CONSISTENCY WITH THE GENERAL PLAN, THERE ARE SOME IMMEDIATE UPDATES THAT ARE REQUIRED. UM, SO, UM, THERE'S ALSO ANOTHER FACTOR I WANNA DISCUSS, WHICH, UM, AS MANY OF YOU KNOW, FEMA, WHICH IS FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION, UM, IS IN CHARGE OF FLOODING, AND THEY HAVE THE NATIONAL FLOOD INSURANCE PROGRAM, AND THERE'S A REGULATORY MAP CALLED THE FIRM MAP. AND THE FIRM MAP IS BASICALLY WHAT THE CITY HAS ADOPTED, WHAT THE FEDS HAVE ACCEPTED AND HAVE INCLUDED AS THE OFFICIAL MAP OF POTENTIAL FLOODING. THERE'S TWO PARTS TO THAT. THE A HUNDRED YEAR FLOOD PLANE IS THEY'RE, THEY'RE STARTING TO GO WITH A NEW TERMINOLOGY THAT'S BETTER BECAUSE WE ARE EXPERIENCING CHANGES IN OUR CLIMATE. AND THE A HUNDRED YEAR FLOODPLAIN IS WHERE THERE IS A 1% CHANCE IN ANY GIVEN YEAR THAT THAT AREA WILL FLOOD. THE 500 YEAR FLOOD PLANE IS WHERE THERE IS A 0.2% CHANCE THAT THERE WILL BE FLOODING IN ANY GIVEN YEAR. AND THE FLOODWAY ZONE IS, IS BASICALLY WHERE IT JUST ALWAYS FLOODS WHENEVER IT RAINS, KIND OF. SO YOU'VE GOT THESE DIFFERENT, UM, AREAS. THE FLOODWAY IN OUR CODE SINCE BEFORE THIS GENERAL PLAN HAS ALWAYS BEEN ITS OWN SEPARATE ZONE. AND THIS HAS BEEN MAINTAINED AND ACTUALLY TRANSFERRED INTO THE GENERAL PLAN IN THAT THERE ARE, THERE'S NOW A LAND USE DESIGNATION THAT CORRESPONDS TO FLOODWAY, SO THAT HAS ITS OWN REGULATIONS, THE FLOOD PLANE, BOTH THE 1% AND THE 2.2%. SO THE A HUNDRED YEAR AND THE 500 YEAR FLOODPLAIN ARE NOW WHAT MAKE UP THE FLOOD PLAIN OVERLAY ZONE. PREVIOUSLY THE FLOODPLAIN OVERLAY ZONE WAS ONLY THE 1% FLOODPLAIN. HOWEVER, IN THE GENERAL PLAN, IT HAS BEEN EXPANDED TO THE 500 YEAR. UM, THE OTHER BIG CHANGE IS THAT IT INCLUDES A NEW STANDARD THAT SAYS WHERE THERE'S FLOODING OF TWO FEET OR MORE. WE DON'T WANNA ALLOW DEVELOPMENT THERE BECAUSE EVEN IF IT'S NOT ACTUALLY FLOODING THE RISK LEVEL AND THE FACTORS INVOLVED IN THAT ARE SIGNIFICANTLY HIGHER AND MORE SUBSTANTIAL THAT IT PRESENTS A SIGNIFICANT, UM, THREAT TO HEALTH, LIFE AND SAFETY. SO THAT WAS INCLUDED. UM, THE ZERO NET FILL IS BASICALLY SAYS YOU CAN'T REDUCE THE CARRYING CAPACITY OF THE FLOODWAY OR THE FLOODPLAIN. AND ORIGINALLY THIS WAS ONLY APPLIED TO CERTAIN PARCELS, UM, IN A VERY SMALL SECTION OF THE CITY. AND IN THE GENERAL PLAN THAT NOW HAS BEEN EXPANDED TO INCORPORATE ALL OF THE FLOODPLAIN, UM, AND EVERY AND INCLUDING THE 100 YEAR, 500 YEAR, AND THE FLOOD WAY. UM, AND SO THAT'S TRANSFERRED OVER TO THE ZONING ORDINANCE IN CHAPTER SIX. UM, CHAPTER SIX WAS A LITTLE DIFFICULT TO FOLLOW, TO START, AND SO WE FELT LIKE IT WAS BETTER TO REORGANIZE IT SO THAT IT WAS MORE CLEAR WHAT WAS APPLIED TO FLOODWAY, WHAT'S APPLIED TO ALL CHAPTERS, AND WHAT IS ONLY APPLIED TO THE A HUNDRED YEAR AND WHAT IS ONLY APPLIED TO THE 500 YEAR. SO THAT WAS MODIFIED. [00:55:01] UM, HANG ON JUST A SECOND. DID WE LOSE OUR, YOU'RE ON THAT SCREEN STILL , AND YOU DON'T HAVE IT ON YOUR WE HAVE, OH NO. ARE YOU GUYS STILL NOT SEEING THE, UH, I CAN'T BLAME THOSE GUYS THAT WEREN'T HERE TILL ONE O'CLOCK IN THE MORNING. UM, I'M GONNA USE MY PREROGATIVE HERE TO JUST CALL A RECESS WHILE WE, UH, RESOLVE THESE TECHNICAL DIFFICULTIES AND, UH, ADDRESS ANY. SOUNDS GOOD. YEP. ALRIGHT, SO WE'LL BE IN RECESS FOR, UH, 10 MINUTES. THANK YOU. ALL RIGHT, WE'RE BACK IN SESSION. THANK YOU FOR GETTING OUR SCREENS ON. THAT IS VERY, VERY HELPFUL. MUCH APPRECIATED. ALRIGHT, UH, ANDREW, PLEASE PROCEED BACK UP. THANK YOU. OKAY, SO, UM, SOME, JUST GOING BACK TO CHAPTER SIX. SO THERE'S, UH, I DISCUSSED MOSTLY THE GENERAL PLAN CONSISTENCY MEANS THERE'S ALSO ANOTHER ASPECT TO, UM, THE, THE FLOOD RESILIENCE CHAPTER IN THE ZONING ORDINANCE, WHICH IS THAT THE CITY PARTICIPATES IN THE CRS PROGRAM, WHICH IS PART OF THE, UM, IT'S CALLED COMMUNITY RATING SYSTEM, AND IT'S PART OF FEMA'S PROGRAM THAT ALLOWS YOU TO GET DISCOUNTS AS A CITYWIDE ENTITY FOR ALL PROPERTIES IN THE CITY BASED ON COMPLY COMPLYING WITH THE NATIONAL FLOOD INSURANCE PROGRAM, AND THEN HAVING ADDITIONAL HIGHER LEVEL EXCEEDING THOSE STANDARDS. AND SO IT'S A POINT SYSTEM AND IT'S BASED ON WHAT POLICIES YOU HAVE. UM, AND THEN THE FEDS, OR EXCUSE ME, FEMA, UM, THEN CALCULATES THAT, UM, WHETHER OR NOT YOU ARE IN A CERTAIN TIER. SO THE CITY HAS ALWAYS HAD A CLASS SIX, OR NOT ALWAYS, BUT IT HAS A CLASS SIX COMMUNITY RATING SYSTEM RATING, AND THAT GIVES PROPERTY OWNERS IN THE FLOODPLAIN A 20% DISCOUNT ON THEIR INSURANCE TO MAINTAIN THAT. UM, THE FLOODPLAIN ADMINISTRATORS TEAM, WHICH IS IN PUBLIC WORKS, INDICATED THAT WE NEEDED TO DO SOME UPDATES TO OUR POLICIES IN THE ORDINANCE. AND SO SOME OF THE CHANGES THAT WERE MADE, AND SOME OF THE THINGS THAT WE'LL BE DISCUSSING TONIGHT ARE FOR THE PURPOSES OF THAT 20% DISCOUNT ON INSURANCE. SO THAT'S THE OTHER ASPECT THAT COMES INTO HERE. UM, AND AS YOU MAY HAVE NOTICED AS I'VE GONE THROUGH THIS, THERE'S A LOT, IT'S VERY TECHNICAL AND COMPLICATED, AND SO THAT IS ONE OF THE REASONS WE REORGANIZED THAT CHAPTER, UM, AND CLARIFIED WHAT THE ROLE WAS OF THE FLOODPLAIN ADMINISTRATOR VERSUS COMMUNITY DEVELOPMENT AND HAVE, UM, PREPARED THAT FOR YOU. THERE YOU GO. DID YOU WANNA DO THIS? OH, YEAH. UM, SO JUST NOTING THAT SOME OF THE, THERE ARE A COUPLE OF, OF BIG CHANGES AND ONE OF THEM IS THAT IT EXTENDS THAT OVERLAY FROM THE A HUNDRED YEAR TO THE 500 YEAR FLOOD PLAIN, AND THAT'S AS DIRECTED BY THE GENERAL PLAN. UM, ALSO THERE'S A QUESTION THAT WE HAVE, AND THIS COMES BACK TO THE CRS, IS HOW RESTRICTIVE ARE WE GOING TO BE WITH WHAT IS ALLOWABLE IN THE FLOODWAY? IT IS ALREADY VERY RESTRICTIVE, BUT, UM, THERE IS AN OPPORTUNITY, THERE'S SOME ADDITIONAL LANGUAGE TO MAKE IT MORE RESTRICTIVE. UM, AND THEN THERE IS ALSO A SUGGESTION THAT CAME THROUGH FROM THE FLOOD PLAIN ADMINISTRATOR'S TEAM TO, UM, REMOVE THE AUTHORITY, UM, OF THE CITY AND THUS PLANNING COMMISSION TO OFFER VARIANCES FROM ANY STANDARDS IN THE FLOODWAY, UM, IN THE FLOODWAY FLOODPLAIN FLOOD OVERLAY AREA. SO THAT'S ANOTHER THING THAT WE'LL DISCUSS. THANK YOU. GREAT. THANKS, HEATHER. I REALLY LIKE POINT NUMBER THREE ON THIS SLIDE BECAUSE IT REALLY SHOWS THE, THE INTERPLAY BETWEEN, UM, THE COMMUNITY RATING SYSTEM AND THEN WHAT WE DO LOCALLY. SO BASICALLY THE, THE COMMUNITY RATING SYSTEM SAYS THE MORE THAT YOU PROTECT HOMEOWNERS FROM THE THREAT OF FLOOD, THE HIGHER YOUR SCORE IS AND THE, THE DEEPER YOUR DISCOUNT IS GOING TO BE. SO BY REMOVING A FLOODWAY VARIANCE OPPORTUNITY, WHAT WE'RE DOING IS, IS REMOVING A POTENTIAL FOR SOMEBODY TO DEVELOP IN THE FLOODWAY TO A GREATER EXTENT THROUGH A VARIANCE PROCESS. AND SO I THINK IT SHOWS REALLY NICELY HOW YOU MIGHT LOOK AT THE CHAPTER AND SAY, WOW, THAT'S REALLY RESTRICTIVE. IN PART, IT'S RESTRICTIVE [01:00:01] BECAUSE WE'RE TRYING TO PROTECT THIS COMMUNITY RATING SYSTEM THAT DELIVERS THE 20% DISCOUNT. UH, HEADING INTO CHAPTER SEVEN, THEN THIS IS, THIS IS ONE OF THE CHAPTERS THAT HAS EMERGED AS, AS NEEDING SOME ATTENTION WHILE WE WORK IN OTHER CHAPTERS. SO FOR INSTANCE, UM, IN, IN CODIFYING THE CLUSTER DWELLING APPROACH THAT THE GENERAL PLAN CALLS FOR, WE HAD TO HEAD OVER INTO SECTION 7.040 AND UPDATE REFERENCES TO GROUP DWELLINGS. UM, IN, IN RESPONDING TO STATE LAW REQUIREMENTS AROUND FAMILY CHILDCARE HOME, WE HAD TO REPEAL THE, UH, THE REGULATIONS AROUND THAT THAT WERE PREVIOUSLY ESTABLISHED. AGAIN, I THINK I HAD MENTIONED, UH, PREVIOUSLY AROUND THE TELECOM WHERE EVEN THE SIMPLE ZONING DISTRICT NAME CHANGE, UH, TRIGGERED CHANGES IN 7.090. BUT, UH, WHAT WE DIDN'T TOUCH IN CHAPTER SEVEN IS 7.120 DESIGN STANDARDS. UH, IN AUGUST AT THE AUGUST 25TH STUDY SESSION, WE WERE STILL TEST FITTING SOME STANDARDS TO DETERMINE IF, UM, WE WOULD HAVE TO ACCEPT. WE, WE HAD A PROCESS WHEREBY WE WANTED TO EXEMPT UP TO 10 UNITS OR WE'RE PROPOSING EXEMPTION OF UP TO 10 UNITS FROM THE SITE PLAN AND ARCHITECTURAL RE REVIEW REQUIREMENT SUBJECT TO COMPLIANCE WITH OBJECTIVE DESIGN STANDARDS. BUT WE WEREN'T SURE THAT THOSE SMALL UNIT DEVELOPMENTS WOULD BE ABLE TO RESPOND TO ALL OF THE OBJECTIVE DESIGN STANDARDS. SINCE THEN, THROUGH THE, THROUGH SOME TEST FIT WORK WE DID DETERMINE THAT THEY CAN, UM, WHICH WAS, WAS A REALLY NICE, UH, NICE CONFIRMATION. AND SO WE HAVEN'T HAD TO, TO, UH, TOUCH 7.2. UM, CHAPTER 11, UH, PARKING AND LOADING. THIS IS A FAIRLY TECHNICAL IMPLEMENTATION OF, UM, ADOPTED POLICY AND WHAT STATE LAW IS DIRECTING US TO DO. SO, UH, RESIDENTIAL RATIOS WERE RE REESTABLISHED, UH, BASED UPON UNIT SIZE. THAT'S RESPONDING TO HOUSING ELEMENT PROGRAMS, UH, SEVEN, FIVE AND 25, UM, UPPER STORY CONVERSIONS TO HOUSING. UH, IT'S NOW, NOW STIPULATED THAT NO ADDITIONAL PARKING CAN BE REQUIRED. AND THEN WE CLARIFIED THAT AB 2097 IS APPLICABLE, UH, THROUGHOUT THE CITY AS WELL AS WE'D HAD SOME CONVERSATION ON AUGUST 25TH AROUND, UM, SHARED PARKING BEING APPROVED BY THE DIRECTOR, UH, WITH NO CONDITIONAL USE PERMIT NEEDED. UH, THE DIRECTION FROM THE COMMISSION WAS TO WRITE THAT INTO THE, UM, AMENDMENTS, AND SO THAT'S BEEN ACCOMPLISHED. WE ALSO UPDATED, UH, SOME REQUIREMENTS AROUND BICYCLE PARKING, IMPLEMENTING THE ACTIVE TRANSPORTATION PLAN, UM, AS DIRECTED, I BELIEVE, BY THE BLUEPRINT FOR CLIMATE ACTION, IF I'M NOT MISTAKEN. THEN HEADING ON TO CHAPTER 24, UM, WE'VE MADE A COUPLE OF, OF MAJOR MOVES THERE. UM, THE, AGAIN, 24.045, THAT SECTION WE, UM, TIGHTENED UP AROUND CONCURRENT ENTITLEMENTS. UH, NOW IT'S, IT'S VERY CLEAR THAT ENTITLEMENTS ARE DECIDED TOGETHER BY THE HIGHEST AUTHORITY FOR ANYONE ENTITLEMENT INVOLVED. UM, 24.050 IS THE AMENDMENTS TO, UM, SITE PLAN AND ARCHITECTURAL REVIEW TO ESTABLISH, UH, TWO DIFFERENT CLASSES OF HOUSING THAT WOULD BE EXEMPT FROM, UH, SITE PLAN AND ARCHITECTURAL REVIEW REQUIREMENT. AS YOU RECALL FROM THE STUDY SESSION, THE WAY THE IMPLEMENTING ZONING ORDINANCE IS CURRENTLY WRITTEN, UM, ANY, ANY NUMBER OF DWELLING UNITS OVER MORE THAN ONE DWELLING UNIT IS SUBJECT TO SITE PLAN AND ARCHITECTURAL REVIEW. UH, WE DISCUSSED DURING THE AUGUST 25TH STUDY SESSION, UM, INCREASING THE EXEMPTION TO 10 COMMISSION ASKED US TO, UM, LOOK AT 15, WE'LL, WE'LL COME BACK AND REPORT ON THAT HERE IN A MOMENT. UM, AND SO WE FOLLOWED UP ON, ON, UH, WORKING THROUGH SOME OF THOSE QUESTIONS. THEN IN 24.060, WHICH ESTABLISHED THE MINOR USE PERMIT AS, UM, AN ENTITLEMENT AT A LOWER LEVEL IN COMPARISON TO THE CONDITIONAL USE PERMIT. WHAT WE, WHAT WE REALIZED IN 24.060 IS THAT THE MINOR USE PERMIT WAS ONLY ESTABLISHED FOR CERTAIN TYPES OF USES, CERTAIN CATEGORIES OF USES. IT WAS QUITE EXTENSIVE. BUT IN ORDER TO ENSURE THAT SOME MODIFICATIONS MADE TO THE ALLOWABLE LAND USE TABLES WHERE WE CLARIFIED WHETHER A MINOR USE PERMIT OR CONDITIONAL USE PERMIT IS REQUIRED, WE ADDED SOME LANGUAGE INTO 24.060 TO CONNECT IT MORE SPECIFICALLY TO THOSE MINOR USE PERMIT, UM, [01:05:01] ALLOWANCES IN THE, UH, LAND USE TABLES. AND I'M SORRY IF THAT DIDN'T, UH, DIDN'T COME THROUGH VERY QUE OR VERY CLEARLY RATHER. IT, UH, I'VE PROBABLY BEEN TOO DEEPLY INTO THAT PROCESS. UM, TOO MUCH DETAIL, BUT GOING ON THEN 24.120 IS A REASONABLE ACCOMMODATION ORDINANCE. THAT IS A NEW ADDITION, UH, THAT'S REQUIRED. AND, UH, ASSISTANT CITY ATTORNEY DYLAN BRADY IS PREPARED TO TAKE US THROUGH THAT. UM, BUT BEFORE WE HEAD THERE, I THINK, I BELIEVE WE'VE GOT A SEPARATE SLIDE ON 1 2 0. BEFORE WE HEAD THERE THOUGH, UH, LET'S LOOK AT THE DESIGN REVIEW EXEMPTION QUICKLY. UM, THE HOUSING ELEMENT DOES NAME DESIGN REVIEW AS A MAIN CONSTRAINT TO HOUSING APPROVALS. UH, AND SO TO WORK THROUGH THAT AND TO, UH, HELP THE CITY ACHIEVE ITS HOUSING PRODUCTION GOALS, WE ESTABLISHED, UH, TWO CLASSES OF HOUSING THAT WOULD BE EXEMPT TO SOME DEGREE. UH, THE, THE CLASS ONE IS THE SMALL HOUSING PROJECTS, 10 OR FEWER UNITS OUTSIDE OF LANDMARK SITES, UM, HISTORIC DISTRICTS, UH, AND HILLSIDE AREAS. AND, YOU KNOW, WE READ THAT, UH, LANDMARK SITES, HISTORIC DISTRICTS, AND HILLSIDE AREAS AS CONTINUING TO PROTECT OUR NATURAL OR OR ENVIRON, UH, ENVIRONMENTAL RESOURCES, UM, THROUGH DISCRETIONARY REVIEW. BUT OTHERWISE ALLOWING FOR 10, UH, THESE SMALL HOUSING PROJECTS TO MOVE FORWARD THROUGH A MINISTERIAL PROCESS. THE, UH, THE ASSUMPTION OF COURSE BEING THAT THE OTHER LEG OF THAT THE USE LEG IS BY, RIGHT. UM, AND THEN ON THE, THE, THE SECOND CLASS IS THE HOUSING ELEMENT REUSE SITES, WHERE I PREVIOUSLY SHARED THAT, YOU KNOW, IF YOU HAVE AT LEAST 20% LOWER INCOME UNITS, UM, HOUSING AND HILLSIDE STANDARDS CAN STILL APPLY. HOWEVER, THE PROJECT AS A WHOLE CANNOT BE SUBJECT TO DISCRETIONARY REVIEW, UH, UNDER STATE LAW. AND WE, WE, UH, ADDED TO THAT SECTION, AND I THINK DYLAN, IF, IF YOU WANT TO UM, LET ME GO, LET ME GO ONE MORE HERE. YEAH. UM, SO WHAT ARE WE REPLACING THAT DESIGN REVIEW WITH? WELL, WE WOULD HAVE A HOUSING PROJECT. WE WOULD FIRST LOOK AT SITE PLAN AND ARCHITECTURAL REVIEW REQUIREMENT TO DETERMINE IF IT'S A CLASS ONE OR TWO, IF IT QUALIFIES FOR ONE OF THOSE. IF IT DOES, THEN WE GO ON TO THE STANDARDS CHECK AND THEN BUILDING PERMITS. SO BASICALLY THE SB 35 MINISTERIAL REVIEW PROCESS. UM, WE WOULD VERIFY COMPLIANCE WITH ALL OBJECTIVE, UM, STANDARDS, AND THEN THERE'S NO ADDITIONAL FINDINGS, CONDITIONS OF APPROVAL OR NOTICING REQUIRED OR REFERRAL TO THE COMMISSION. AT THIS POINT IN TIME, SUBDIVISIONS ARE NOT EXEMPT. UH, WE DID HAVE, WE HAVE HAD CONVERSATION THIS WEEK ABOUT LOOKING AT EXEMPTING SUBDIVISIONS OF SAY, 10 OR FEWER LOTS, UH, THROUGH THE PHASE TWO PROCESS. UM, FOR THAT WE WOULD HAVE TO, UM, LIKELY DELVE INTO OUR SUBDIVISION REGULATIONS, WHICH EXIST IN ANOTHER TITLE IN THE MUNICIPAL CODE. AND I THINK, UM, DYLAN, IF YOU, IF YOU'D LIKE TO TALK THROUGH THE SORT OF DECISION POINT THAT WE FOUND AS WE LOOKED AT GOING HIGHER THAN 10 UNITS INTO THE, THE RANGE OF 15 UNITS. SURE. THANKS ANDREW. UH, SO THE STATE LAW, THE GOVERNMENT CODE SECTION THAT ALLOWS THE MINISTERIAL REVIEW UP TO 10 SMALL UNITS, IT HAS A SPECIFIC SUBSECTION THAT SAYS THAT IT IS A MINISTERIAL PROJECT IF THE CITY CREATES AN ORDINANCE TO IMPLEMENT THAT, UH, AT 10 UNITS. SO ANYTHING ABOVE 10 UNITS, WE WOULD'VE HAD TO RECIRCULATE THE GENERAL PLAN EIR, UM, AND JUST TO KEEP ON SCHEDULE AND NOT WANTING TO DELAY THAT WE DECIDED TO IF KEEP IT AT 10 UNITS. BUT THAT'S SOMETHING THAT WE CAN TAKE A LOOK BACK AT A FUTURE DATE IF CITY OR PLANNING COMMISSION, CITY COUNCIL DESIRES, UH, WHAT THE CHAPTER DOES, DO SECTION, IT ALLOWS US THOUGH WE CAN'T GO ABOVE 10 UNITS NOW, IT MIRRORS THE STATE LAW. SO IF THE STATE LAW CHANGES AND EXPANDS ABOVE 10 UNITS, WE WILL, UH, GO ALONG WITH THAT. SO, GREAT. THANK YOU. THEN, UM, MOVING ON TO 24.060, WHICH IS OUR CONDITIONAL USE PERMIT SECTION OF, UH, CHAPTER 24. UH, OF COURSE THE, THE, THE MINOR USE PERMIT ALREADY EXISTS. AS I MENTIONED, THOUGH, IT WAS ONLY APPLIED TO SPECIFIC CLASSES OF USES. AND, UH, SO WE, WE ESTABLISHED WE, UM, SOME SMALL AMENDMENTS TO BE ABLE TO BROADEN THAT, UH, TO INCLUDE ANY USE SHOWN AS, UH, MUP IN A CHAPTER FOUR TABLE. WE DID THIS, [01:10:01] UH, FOR TWO REASONS. THE, THE FIRST IS BECAUSE WHEN A, A BUSINESS OWNER WOULD READ A CHAPTER FOUR TABLE AND SEIZE CUP, THEY AUTOMATICALLY ASSUME, RIGHTFULLY SO, THAT THAT'S A PLANNING COMMISSION PUBLIC HEARING, UH, WHICH IS GOING TO BE MORE TIME CONSUMING. UM, WE'RE TYPICALLY LOOKING AT FOUR PLUS MONTHS FOR, FOR THAT TYPE OF ENTITLEMENT AND, AND QUITE A BIT MORE COSTLY, SOMETIMES 10 TIMES AS COSTLY AS WHAT A MINOR USE PERMIT WOULD BE. AND, YOU KNOW, NATURALLY, IF, IF A BUSINESS IS SHOPPING AROUND FOR LOCATIONS AND SUCH, THEY'RE LOOKING FOR THE ONE THAT THAT MOST EXPEDITES THEIR RETENANTING OF A LOCATION THAT THEY PREFER. SO WE FELT THAT IN THE ALLOWABLE LAND USE TABLES, UH, IF WE WERE TO CLARIFY WHERE A MINOR USE PERMIT WOULD BE REQUIRED, WHICH CAN BE REVIEWED IN, UH, YOU KNOW, SIX TO, UH, REALLY SIX WEEKS WITH A QUALIFIED, YOU KNOW, WITH A COMPLETE APPLICATION, MUCH, MUCH LOWER, UH, COST, UM, SOMETIMES WE CAN DO THOSE ENTITLEMENTS WITHIN $2,500, INCLUDING NOTICING. SO IT'S A MUCH LOWER, UH, BARRIER TO ENTRY FOR THE RETENANTING OF A SITE WHERE A USE PERMIT IS REQUIRED. I THINK THE OTHER, THE, THE OTHER FACTOR THAT PLAYS INTO THAT WAS THE, THE DIRECTOR HAD THE, IN, IN MANY CASES, THE WAY 24.060 WAS WRITTEN, THE DIRECTOR HAD THE AUTHORITY TO MAKE THAT DETERMINATION ABOUT WHETHER IT WOULD BE A MINOR USE PERMIT OR A CONDITIONAL USE PERMIT. BUT THERE'S STILL A BIT OF GATING THAT HAPPENS THERE WHEN, UM, AND RISK THAT OCCURS WHEN YOU DON'T KNOW HOW THE DIRECTOR'S GOING TO DECIDE. YOU HAVE TO TAKE THE TIME TO APPROACH THE DIRECTOR. SO THIS TOOL WAS REALLY TO, TO INCREASE CLARITY TO, UM, TO INCREASE, UH, THE OPPORTUNITY FOR BUSINESSES TO PURSUE RETENANTING ESPECIALLY, UH, WAS WIDELY RECOMMENDED BY THE BUSINESS COMMUNITY AS WELL AS, UM, BY THE ECONOMIC DEVELOPMENT TEAM. AND THOSE MINOR USE PERMITS WOULD STILL BE APPEALABLE TO THE COMMISSION. AND THEN A COMMISSION'S DECISION ON APPEAL, UM, STILL COULD BE APPEALED TO, UM, THE, UH, CITY COUNCIL. SO NONE OF THAT CHANGES. AND THEN HERE WE GO WITH, UH, WITH DYLAN'S, UM, REASONABLE ACCOMMODATION SLIDES. THANKS, ANDREW. I'M PAYING ATTENTION THIS TIME, , UH, AND EVERYBODY'S DOING GREAT. WE GOT ABOUT TWO THIRDS OF THE WAY DONE, SO ALMOST HERE. UH, BUT THIS IS A NEW SECTION. IT IN OUR CODE, IT'S EXCITING BECAUSE IT, IT ALREADY IMPLEMENTS A ONE OF OUR HOUSING ELEMENT PROGRAMS AND IT BETTER MAKE SURE, MAKE SURE THAT WE BETTER COMPLY WITH THE FEDERAL AND STATE FAIR HOUSING LAWS AS WELL AS THE AMERICANS WITH DISABILITIES ACT. UM, SO IT CREATES A PROCESS FOR AN INDIVIDUAL WITH A DISABILITY THAT NEEDS TO, OR REQUEST TO WAIVE OR MODIFY ONE OF OUR STANDARDS TO BETTER ENJOY THEIR HOUSING. UM, I THINK THE, LIKE TYPICAL EXAMPLE IS NO ENCROACHMENTS IN YOUR SET OR THE SETBACKS. HOWEVER, THE INDIVIDUAL WITH A DISABILITY NEEDS A RAMP TO GO IN THE SETBACK TO ENCROACH TO BE ABLE TO GET INTO THEIR HOUSE OR A WIDER DRIVEWAY FOR THEIR VAN, DISABILITY VAN FOR WITH A RAMP. UM, SO HOW THIS WOULD OCCUR IS THAT INDIVIDUAL OR A FRIEND WOULD APPLY TO COMMUNITY DEVELOPMENT DEPARTMENT. THE ORDINANCE REQUIRES THE CITY TO HAVE SPECIAL FORMS TO PUT ON THEIR WEBSITE, AND AT THE COUNTER HOW TO APPLY FOR THE ACCOMMODATION. UH, THE DIRECTOR THEN REVIEWS THE ACCOMMODATION. REALLY, THE ONLY FINDING THE DIRECTOR NEEDS TO MAKE IS WHETHER OR NOT THAT ACCOMMODATION IS NEEDED FOR THE INDIVIDUAL WITH A DISABILITY TO ENJOY THEIR HOUSE AND WHETHER OR NOT THAT ACCOMMODATION IS REASONABLE. UM, THAT DECISION BRIAN WILL NEED TO MAKE WITHIN 30 DAYS. AND THEN ANY APPEAL WILL GO TO THE CITY MANAGER. AND THAT'S A LITTLE DIFFERENT THAN HOW NORMALLY BRIAN'S DECISIONS ARE MADE. THEY GET APPEALED TO THE PLANNING COMMISSION, BUT THE THOUGHT HERE IS WE DON'T WANT A BIG PUBLIC HEARING FOR AN INDIVIDUAL WITH A DISABILITY TO EXPLAIN WHAT THEIR DISABILITY IS AND WHY THEY NEED THE ACCOMMODATION. SO THERE'S REALLY A LOT OF PROTECTIONS ABOUT CONFIDENTIALITY AS WELL AS NO NEED TO NOTICE YOUR NEIGHBORS ABOUT THAT ACCOMMODATION. SO THAT IS HOW THE SECTION WORKS. UM, AND THERE'S OTHER SAFEGUARDS THERE, BUT I THINK WE'RE OKAY. AND MAYBE NEXT SLIDE. UH, AND THEN THIS, I WILL TAKE THIS ONE AS WELL. NOWHERE IN OUR ZONING CODE CURRENTLY RIGHT NOW DOES IT SAY THAT WE CAN ENFORCE THROUGH OUR NORMAL REMEDIES, UH, ENFORCEMENT REMEDIES. THOSE ARE ADMINISTRATIVE CITATIONS, UH, CRIMINAL CITATIONS, UH, SUMMARY ABATEMENT, UH, INJUNCTIONS, CIVIL LAW, PUBLIC NUISANCE LAWSUITS. AND THEN THERE IS A [01:15:01] KIND OF ASTERISK AT THE VERY, VERY END OF OUR PETAL AND MUNICIPAL CODE WHERE OUR ENFORCEMENT SECTIONS ARE LIVE, AND THEY SAY THAT THE MUNICIPAL CODE AND THE ZONING CODE ARE SEPARATE. SO IT'S BEEN ARGUED IN THE PAST THAT WE CAN USE OUR MUNICIPAL CODE AUTHORITY TO REGULATE OUR ZONING CODE. UH, I THINK THAT'S A BAD READING, BUT NOW WITH THAT ADDITIONAL SENTENCE RIGHT THERE, IT IS CLEAR THAT OUR MUNICIPAL CODE REMEDIES CAN BE USED TO ENFORCE THEIR ZONING CODE. SO NEXT SLIDE, ANDREW. SO IT MAKES IT EXPRESS, AND I THINK WE'RE OKAY. GREAT. THANKS. THANKS, DYLAN. UM, SO THEN ON TO CHAPTER 28 DEFINITIONS AND THE USE TABLES. THERE'S A LOT OF CROSSWALK THAT HAS TO HAPPEN BETWEEN, UM, THE, THE CHAPTER 28 DEFINITIONS AND THEN OUR USE TABLES OVER IN CHAPTER FOUR. AND, AND THAT'S AN ONGOING PROCESS. UM, WHAT WE'VE DONE HERE IS, IS HIGHLIGHTED COMMISSARY KITCHEN, WHERE WE'VE, WE'VE UPDATED THAT DEFINITION, UM, TO READ A COMMERCIAL KITCHEN PREPARING FOOD FOR OFFSITE COOKING SALE OR CONSUMPTION WITH NO ONSITE DINING ALLOWED. AND THEN, UM, TURNED AND SHOWN HOW THAT WOULD TRANSLATE THAT INTO THE ALLOWABLE LAND USE TABLES. AND TO CLARIFY THAT A KITCHEN THAT SERVES MEALS ON SITE IS NOT THIS USE, UH, IT WOULD READ UNDER THE RESTAURANT ROW. SO REALLY TRYING TO WORK VERY CLOSELY WITH ECONOMIC DEVELOPMENT TO KEY IN, IN A LOT OF THESE DEFINITIONS, TO, TO BRING THEM CURRENT, TO MAKE THEM MORE, UM, SUPPORTIVE OF THE TYPES OF USES THAT WE WANT TO SEE AND THAT WE'RE HEARING THAT WE NEED. SO THEN THE THREE RULES THAT CONNECT THEM, UM, SECTION 3.030 A, UH, SAYS THAT EVERY USE IN THE TABLES IS DEFINED IN THE GLOSSARY. AND THEN 3.030 C SAYS THAT IF AN UNLISTED USE CAN BE FOUND SIMILAR TO A LISTED ONE OR IT IS NOT ALLOWED, AND IT DOES GIVE THE DIRECTOR, UH, SOME FINDINGS TO, TO WORK THROUGH THERE. AND THEN, UM, AGAIN, GOING BACK TO 1.050 WHERE WE ADDED SOME CLARIFICATION AROUND, UM, A WORD IN THE GLOSSARY, UM, THAT IS NOT DEFINED TAKES ITS ORDINARY MEANING. SO I THINK HERE WE START TO SEE THE INTERCONNECTIVITY OF THE VARIOUS CHAPTERS IN SECTIONS ACROSS THE CODE. WHEN WE THINK ABOUT THAT, ALSO HERE, WE WOULD BE INCLUDING CHAPTER FOUR, UM, ALLOWABLE LAND USE TABLES. SO THIS EVENING THEN, UM, A VERY, A VERY, UM, TRENDING TOPIC HERE LOCALLY, UH, IS THE DATA CENTER DEFINITION. AND, UH, THIS, THE DEFINITION AT ITS HEART SEEKS TO DEFINE BY WHAT A SITE IS FOR NOT ITS SIZE, AND THEN PROHIBIT IT THROUGHOUT THE CITY. SO WHAT IT IS AND WHAT IT IS NOT, IT IS A SITE OR IT IS A USE WHERE COMPUTER SYSTEMS ARE OPERATED AS THE SITE'S PRINCIPLE USE THAT'S DIFFERENTIATED FROM A BUSINESS OPERATION THAT MIGHT BE OPERATING A DATA CENTER AS A SERVER ROOM TO SERVE ANOTHER USE. SO FOR INSTANCE, MANY, MANY, UM, ORGANIZATIONS HAVE SERVER ROOMS OF VARYING SIZES. TECHNICALLY THOSE WOULD READ AS A DATA CENTER, BUT AS AN ACCESSORY TO THE PRIMARY USE, WHETHER THAT MIGHT BE A SCHOOL OR A PUBLIC AGENCY OR, OR SO FORTH. UH, THEN IT DOESN'T MEET THE DEFINITION OF A DATA CENTER FOR THE PURPOSES OF PROHIBITING IT. IT'S ALSO, UH, NOT A TECH BUSINESS OR A RESEARCH AND DESIGN BUSINESS THAT DOESN'T SELL COMPUTING CAPACITY. SO THERE IS AN ELEMENT OF PROVIDING COMMUNITY OR COMPUTING CAPACITY TO THE MARKET THAT WE RECOGNIZE IN THAT DATA CENTER DEFINITION. AND WE SAY THAT, YOU KNOW, TECH INDUSTRIES THAT ARE DOING R AND D TYPES OF RESEARCH ENGINEERING AND SO FORTH, THAT THAT WOULD BE RESEARCHING IN THE AREA OF DATA, UM, DATA TRANSFER AND SUCH WOULD NOT BE CONSIDERED A DATA CENTER. AND THEN IT'S NOT A TELECOMMUNICATIONS FACILITY. THESE FACILITIES ARE OTHERWISE REGULATED BY THE FEDERAL, UH, TELECOMMUNICATIONS ACT. AND SO BY, BY DEFINING WHAT A DATA CENTER IS AND, AND WHAT IT IS NOT, THEN WE'RE ABLE TO MAKE THE RECOMMENDATION THAT, UH, TO ADD THE, THE PROHIBITION TO THE DEFINITION DATA CENTER LAND USES ARE PROHIBITED ON ALL LAND WITHIN THE CITY OF PETALUMA, INCLUDING LAND WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN AREA. THEN WE WOULD ALSO EXTEND THAT PROHIBITION OVER INTO THE ALLOWABLE LAND USE TABLES, WHERE A DATA CENTER WOULD BE LISTED AS A LAND USE AND THROUGH THE M DASH APPLIED ACROSS ALL OF THE ZONING DISTRICTS WOULD NOT BE ALLOWED IN ANY COMMERCIAL OR INDUSTRIAL ZONE. AND THEN, UM, THEY'RE NOT ALLOWED IN RESIDENTIAL ZONES ANYWAY BECAUSE [01:20:01] THEY'RE NON-RESIDENTIAL RESIDENTIAL USE. AND THEN IT WOULD BE EXPRESSLY PROHIBITED IN THE MAKER MAKER MICRO BUSINESS ZONE, UH, WHICH, UM, HEATHER WILL BE TALKING ABOUT COMING UP. IT DOES OCCUR TO ME THAT, UM, I NEED TO HAVE A SLIDE SHOWING THE ACTUAL DEFINITION OF DATA CENTER BEFORE WE UNPACK IT. SO WHILE HEATHER'S TALKING OR WHILE WE DO PUBLIC COMMENT, I'LL GO AHEAD AND BRING THAT FORWARD. HI. UM, SO MAKER MICRO BUSINESS LAND USE DESIGNATION IS A NEW DISTRICT, AND THE ORIGINAL INTENTION WAS THAT IT WAS ON SITES WHERE THERE WAS SPECIFICALLY A HIGH RISK OF FLOODING AND ALSO OTHER FACTORS OF BEING CLOSE TO THE RIVER, BUT ALSO SITES THAT HAVE HIGH ECONOMIC VALUE OR OPPORTUNITIES. AND IT, IT HAS, IT HAS CHANGED, IT STILL DOES INCORPORATE SITES THAT HAVE ENVIRONMENTAL LIMITATIONS THAT ARE IN THE FLOODPLAIN THAT HAVE ENVIRONMENTALLY SENSITIVE HABITAT. UM, AND SO THAT, THAT IS A FACTOR THAT WAS CONSIDERED IN PREPARING THIS CHAPTER. BUT FROM THE STUDY SESSION, IT SOUNDS LIKE THE PLANNING COMMISSION, AND FROM WHAT WE HAVE HEARD FROM THE CITY COUNCIL IN THE GENERAL PLAN PROCESS IS THAT WE WANT TO PROVIDE A LEVEL OF FLEXIBILITY IN THIS DISTRICT FOR ECONOMIC ACTIVITY TO BE MAINTAINED. UM, AND THAT THERE'S SOME, THERE'S SOME SPECIFIC THINGS THAT SHOULD NOT BE ALLOWED. SO NO RESIDENTIAL, NO ADULT CARE CHILDCARE BECAUSE THOSE ARE SENSITIVE USES, NO HOTELS, UM, DATA CENTERS HAS BEEN ADDED TO THIS LIST AS WELL, AND NO HEAVY INDUSTRIAL. BUT OUTSIDE OF THAT, THE IDEA IS THAT THIS AREA IS APPROPRIATE FOR RETAIL OFFICE RESEARCH AND DEVELOPMENTS, SMALL SCALE FOOD AND BEVERAGE MANUFACTURING, LIGHT INDUSTRIAL, LIGHT MANUFACTURING, WAREHOUSING. AND SO THE APPROACH THAT WE TOOK TO THIS AS STAFF, UM, OH, SORRY, I'LL START WITH WHERE IT IS. SO THESE ARE THE SITES THAT WERE DESIGNATED IN THE GENERAL PLAN, UM, THAT WAS ADOPTED LAST NIGHT. VERY EXCITING. UM, AND THEY ARE, AS YOU CAN SEE, MOSTLY ALONG THE RIVER. SOME OF THEM ARE ON PETALUMA BOULEVARD NORTH, AND, UM, THESE SITES DOWN ON LAKEVILLE ARE ALSO, SOME OF THESE ARE FLOODS, SOME OF THEM ARE NOT. UM, AND SO ALTOGETHER THERE WERE 29 PARCELS DESIGNATED APPROXIMATELY 80 ACRES. SOME OF THESE SITES ARE PUDS OR PCDS, SO THE MAKER MICRO, UM, ZONING DISTRICT IS NOT IMPLEMENTED ON THOSE SITES. SO IT'S, UM, LIMITED. SO THE INTENTION WAS TO FACILITATE SOME OF THESE BUSINESSES THAT WE HAVE SPOKE WITH OVER THE YEARS AND HAD STRUGGLES WITH TRYING TO FIND WHAT IS THE RIGHT ZONING FOR THEM. AND, UM, IN PARTICULAR, UM, THIS IS A RECENT ONE THAT CAME UP, HERITAGE SALVAGE. THEY HAVE A NUMBER OF COMPONENTS IN THEIR BUSINESS. THEY HAVE SOME WHAT WOULD BE CONSIDERED MANUFACTURING. THEY DO STORAGE. THEY HAVE A SERVICE ASPECT TO THEIR BUSINESS. THEY ALSO, UM, HAVE A SHOWROOM. SO THERE'S A RETAIL COMPONENT. AND SO TRYING TO FIT IT INTO A COMMERCIAL DISTRICT, WELL, IT'S GOT MANUFACTURING, SO IT DOESN'T FIT THERE. OH, BUT IT ALSO HAS THIS RETAIL COMPONENT, WHICH ISN'T ALLOWED IN THE MANUFACTURING. SO TRYING TO FIGURE OUT HOW DO YOU, HOW DO YOU FIND A PLACE THAT FACILITATES SOMETHING THAT PETALUMA VALUES, WHICH IS SORT OF THESE, YOU KNOW, UM, COMBINED MULTI-TIERED BUSINESSES DOING ALL THESE THINGS TOGETHER THAT THE CITY WOULD SUPPORT. UM, ANOTHER EXAMPLE OF WHAT WE WERE THINKING ABOUT THAT WENT INTO THIS IS, UH, A SITE AT SIX 60 LAKEVILLE, AND THERE'S ACTUALLY EIGHT SPOTS ON THIS SITE THAT ARE AVAILABLE, BUT THEY'VE HAD A VERY HARD TIME RENTING THEM OUT BECAUSE ALL OF THE USES REQUIRE A CONDITIONAL USE PERMIT. AND THAT'S A PRETTY SIGNIFICANT INVESTMENT, UM, FOR A SMALL BUSINESS THAT'S JUST LOOKING TO DO A SMALL TIME THING. SO THEY WERE ABLE TO DO A, UM, MASTER USE PERMIT THAT AUTHORIZES CERTAIN SPECIFIC LIGHT INDUSTRIAL USES ARTISAN PRODUCTION, AND IT'S SORT OF BECOME THIS ENTERPRISE CENTER THAT, UM, ALLOWS FOR THESE DIFFERENT USES. AND I THINK THE COMMISSION WILL RECALL THIS BECAUSE JUST A COUPLE OF MONTHS AGO IS WHEN THE COMMISSION REVIEWED THIS, UH, MASTER CONDITIONAL USE PERMIT APPROACH. UH, AND WE DID HAVE A THRESHOLD BUILT IN THERE, RIGHT? SO I BELIEVE THAT THRESHOLD WAS 5,000 SQUARE FEET. UM, IF A USE SUCCEEDED 5,000 SQUARE FEET, THEN IT HAD TO TAKE THE, UH, THE ENTITLEMENT REQUIREMENT OF THE USE AS DESCRIBED IN THE SMART CODE. AND [01:25:01] WE, IT'S, IT'S A REALLY GREAT, IT'S GREAT THAT WE'RE COMING, UM, INTO THIS MAKER MICRO BUSINESS ZONE AFTER THAT, BECAUSE I THINK WE ALL RECOGNIZED HOW THAT MASTER CONDITIONAL USE PERMIT FOR THE SMALL BUSINESS INCUBATOR COULD REALLY SUPPORT NOT JUST THE, THE PROPERTY OWNER PROVIDING THOSE SPACES AND, AND SEEKING TO RE-TENANT THEM, BUT ALSO THE SMALL BUSINESSES THAT WOULD LIKE TO TAKE UP TENANCY. UM, WHETHER IT'S THROUGH A, YOU KNOW, AN EMERGING BUSINESS OR JUST SOMETHING THAT'S SMALL SCALE AND WISHES TO REMAIN THAT WAY. SO TAKING INTO THESE KINDS OF BUSINESSES, UM, WHY NOT PUT IT IN THE LAND USE TABLES? AND, AND WE ARE FOCUSING, THIS CHAPTER IS BASED ON OPERATIONAL CHARACTERISTICS. AND IF YOU TAKE THE SCALE OF WHAT YOU SEE, YOU COULD SAY, ALL RIGHT, THESE ARE ALL WOOD MANUFACTURING. UM, THE, THE, THE SMALL SCALE, JUST, YOU KNOW, ONE GUY PUTTING FURNITURE TOGETHER USING HAND TOOLS, HANDCRAFTED, UM, A LARGER SHOP WHERE MAYBE YOU HAVE 10 OR 12 WOODWORKERS WHO ARE WORKING COOPERATIVELY, UM, IS, IS ALSO MANUFACTURING WOOD PRODUCTS, BUT AT A DIFFERENT SCALE WHERE, YOU KNOW, MAYBE THERE'S MORE NOISE, MAYBE THERE ARE MORE SUBSTANCES ON SITE, SUCH AS VARNISHES THAT ARE POTENTIALLY NOW REACHING THE LEVEL OF NEEDING A HAZARDOUS MATERIALS BUSINESS PLAN FROM THE FIRE DEPARTMENT. AND THEN YOU CAN TAKE IT UP, YOU CAN SCALE UP AND, YOU KNOW, YOU MIGHT HAVE A SMALL FACTORY LIKE DOING CRAFT CHAIRS, AND I'M BLANKING ON THE ONE THAT THERE'S, I WON'T GO THERE, BUT THERE, THERE ARE, YOU KNOW, THEY MIGHT, THEY MANUFACTURE THAT ONE CHAIR THAT IS $600 AND IT'S, YOU KNOW, BUT IT IS LARGE SCALE AND THEY'RE SHIPPING THEM NATIONALLY. AND THOSE ARE ALL BUSINESSES THAT HAVE DIFFERENT NEEDS. THEY MIGHT ALL FIT UNDER THAT FURNITURE MANUFACTURING, BUT AT A DIFFERENT SCALE WHERE THERE'S DIFFERENT PERMIT REQUIREMENTS NEEDED BECAUSE THE GUY WHO'S DOING HIS HAND TOOLS, HE DOESN'T, HE DOESN'T NEED TO WORRY ABOUT THINGS. WE CAN GIVE HIM A THUMBS UP AT THE COUNTER AND SEND HIM OFF TO SIGN HIS LEASE, GET HIS BUSINESS PERMIT, YOU KNOW, UM, BUT THEN THE FOLKS WHO ARE MAYBE MAKING NOISE BECAUSE THEY'VE GOT, YOU KNOW, JIGSAWS AND ALL THESE DIFFERENT MACHINES RUNNING AT THE SAME TIME, MAYBE WE NEED TO MAKE SURE THAT THEY HAVE APPROPRIATE NOISE IN NOISE, UM, ATTENUATION INSTALLED SO THAT THEY'RE NOT DISRUPTING THE OFFICE THAT'S NEXT DOOR. UM, WHEREAS, YOU KNOW, YOU HAVE A NEW FACTORY THAT'S GONNA BE DOING THIS MASS PRODUCTION OF CHAIRS, AND MAYBE THEY'RE NOT GONNA BE USING CHEMICALS BECAUSE THEY'RE DOING THESE FINE CRAFTED CHAIRS. THEY, THEY NEED A CONDITIONAL USE PERMIT. WE DID FIND A THRESHOLD WHERE WE WOULD SAY HEAVY INDUSTRIAL, YOU START TO USE HEAVY CHEMICALS THAT ARE, BE ABOVE THE MAXIMUM ALLOWABLE QUANTITIES AS DEFINED BY THE FIRE DEPART OR THE FIRE MARSHAL. AND THEN THAT KICKS YOU OUT OF THAT AREA BECAUSE WE USED AN EMPIRICAL THRESHOLD TO SAY, THIS IS WHERE YOU REACH THAT LIMIT OF, OF HEAVY INDUSTRIAL. SO, UH, THANK YOU. UM, AS NOTED, THE, THE CODE MIRRORS WHAT'S IN THE GENERAL PLAN, WITH THE EXCEPTION THAT WE HAVE CLARIFIED THAT DATA CENTERS WOULD BE WHAT WE WOULD CALL HEAVY INDUSTRIAL. SO NOT ALLOWED, UM, SO NO RESIDENTIAL, NO ADULT CARE, NO CHILDCARE, NO HOTELS. OH, SORRY. ALL RIGHT. OKAY. AND INSTEAD FOCUSING ON OPERATIONAL CHARACTERISTICS. SO YOUR PERMIT REQUIREMENTS BASED ON SIZE AND ALSO YOUR POTENTIAL TO DISRUPT YOUR NEIGHBORING USES, UM, IS, IS HOW THAT PERMIT IS SCALED BETWEEN NEEDING ZONING CLEARANCE, AN ADMINISTRATIVE MINOR USE PERMIT, OR A CONDITIONAL USE PERMIT. UM, SO OCCUPANCY CLASSIFICATION IS SOMETHING THAT THE CITY ALREADY USES THROUGH THE FIRE DEPARTMENT. THE FIRE MARSHAL USES THAT TO DETERMINE, UM, THE CLASSIFICATION OF A USE AND WHETHER THEY FALL INTO THIS CATEGORY OF NEEDING, UM, ADDITIONAL, UM, REQUIREMENTS TO HANDLE THE FACT THAT THEY'RE GOING TO HAVE HIGH HAZARD GROUP. IT DOESN'T NECESSARILY MEAN THAT IT'S HIGHLY HAZARDOUS IN GENERAL, BUT IT NEEDS MORE PROTECTIONS. AND SO WE FELT THAT THAT WAS SOMETHING THAT NEEDED A CONDITIONAL USE PERMIT, UM, AND IN COMMON, REGARDLESS OF, OF THE SIZE UP TO 50 PEOPLE, BECAUSE THERE WAS THIS DISCUSSION ABOUT THIS, THIS MEANING NEEDING TO BE A SMALLER SCALE, SMALL MANUFACTURING, SMALL BUSINESS AREA. AND IT, UM, THE OCCUPANCY OF A BUILDING, UM, IS ALSO SOMETHING THAT THE FIRE MARSHAL AND THE BUILDING INSPECTOR USED TO DETERMINE WHAT YOU NEED TO HAVE IN PLACE. AND THEN WHAT THE FIRE MARSHAL [01:30:01] EXPLAINED TO ME IS THAT AT 50 PEOPLE, THERE'S SORT OF A NATURAL BREAK WHERE YOU GET INTO THIS HIGHER LEVEL OF, UM, THINGS THAT YOU NEED TO HAVE FOR YOUR OCCUPANCY LOAD. UM, AND THEN THERE'S ANOTHER NATURAL BREAK AT 300, BECAUSE WHEN YOU GET TO OVER 300 PEOPLE, IT KICKS IN ALL THESE OTHER THINGS THAT YOU HAVE TO DO. SO WE TO STREAMLINE, TO TRY AND BE, HAVE CONSISTENCY IN HOW WE'RE REQUIRING PEOPLE TO GET PERMISSIONS, WE INCORPORATED THAT. AND SO HIGH HAZARD GROUP H AUTOMATICALLY PUTS YOU INTO THAT CONDITIONAL USE PERMIT. UM, HOWEVER, IF YOU'RE OVER 50, THEN IT'S NOT ALLOWABLE BECAUSE WE'RE CALLING THAT HEAVY INDUSTRIAL. SO IF YOU HAVE OVER 50 PEOPLE ON SITE AND YOU ARE DOING HIGH HAZARD GROUP H, THEN YOU'RE HEAVY INDUSTRIAL NOT ALLOWED. UM, IF YOU'RE HIGH HAZARD GROUP H IT'S A, IT'S A CONDITIONAL USE PERMIT BECAUSE IF YOU THINK ABOUT, AND I KNOW THIS IS A TERRIBLE EXAMPLE 'CAUSE IT'S NOT ACTUALLY LEGAL, UM, BUT PEOPLE MAKING HONEY OIL. SO YOU HAVE A GUY WITH HIS BUTANE TRYING TO MAKE HONEY OIL AND HE CAN BLOW UP A BLOCK. SO YOU HAVE TO MAKE SURE THAT YOU'RE ACCOUNTING FOR THOSE KINDS OF THINGS. UM, IF THERE'S NO HAZARDOUS MATERIALS AND THERE'S NO TRIGGERS THAT COME ABOUT, THEN IT'S JUST ZONING CLEARANCE. SO, UM, OTHER FACTORS, WE, YOU KNOW, THERE'S, WE, WE ALSO LOOKED AT NOISE. WE ALSO LOOKED AT, UM, THE, AGAIN, THE SIZE OF THE BUSINESS, BUT WE ALSO TALKED ABOUT THINGS LIKE ODOR. ODOR COULD TRIGGER A MINOR USE PERMIT. SO NOW YOU HAVE A KIMCHI FACTORY, SOMEBODY'S MAKING KIMCHI THAT COULD HAVE PRETTY SIGNIFICANT ODOR IMPACT. SO MAYBE YOU JUST NEED TO MAKE SURE THAT THEY HAVE A PLAN IN PLACE WITH FILTRATION AND WHATEVER IT IS, AND THAT THEY'RE NOT VENTING OUT RIGHT NEXT DOOR TO SOMEBODY WHO'S AGAIN, IN AN OFFICE. UM, AMPLIFIED MUSIC, UH, COULD ALSO IS ALSO A TRIGGER, UM, USE OF STATIONARY EQUIPMENT FUELED BY GAS, PROPANE, DIESEL, OR WOOD. UM, YOU KNOW, AGAIN, I USE THE EXAMPLE OF A KILN. WE LOVE CRAFT, WE WANT THEM TO BE SUCCESSFUL. AND, YOU KNOW, SOMEBODY WHO'S USING A SEWING MACHINE TO MAKE POT HOLDERS IS SO DIFFERENT FROM SOMEBODY WHO'S GOT A WOOD-FIRED KILN. COULD BE, IT'S A WHOLE DIFFERENT THING. SO AGAIN, SOME OF THOSE THINGS THAT COME INTO PLAY, UM, INDUSTRIAL WASTE, WASTEWATER DISCHARGE IS NOT ENTIRELY WHAT YOU THINK IT IS WHAT YOU THINK, BUT IT'S ALSO MORE THAN THAT. AND THAT'S WHY WE USE EPA DEFINITION OF WHERE IT GETS TO BE A CATEGORICAL USE AS DEFINED BY THE EPA AND AS ADMINISTERED BY THE DEPARTMENT OF WATER RESOURCES WITH THE CITY OF PETALUMA. AND THAT WAS THEIR SUGGESTION WHERE WHEN IT'S A CATEGORICAL USE, THAT'S WHEN YOU NEED TO MAKE SURE YOU HAVE THAT CONDITIONAL USE PERMIT. 'CAUSE IT NEEDS A HIGHER LEVEL REVIEW. UM, AND THEN AGAIN, BECAUSE WE'RE TALKING ABOUT SOME OF THESE SITES ARE SENSITIVE SITES, WE CAN'T CHANGE THAT BECAUSE IT'S THE NATURAL ENVIRONMENT. SO IF IT'S IN THE FLOODPLAIN, UM, OR IF IT CONTAINS ENVIRONMENTALLY SENSITIVE HABITAT, THEN IT DOES FALL INTO THAT CONDITIONAL USE PERMIT CATEGORY. YEAH. UM, SO JUST SUMMING UP, AGAIN, IT'S A, UM, IT'S AN OP IT'S BASED ON OPERATIONAL CHARACTERISTICS. SO SOMEBODY SAYS, I WANNA HAVE OUTDOOR RECREATION, AND THE WAY THAT IT'S SET UP, THERE'S NO, IT DOESN'T HAVE ANY OF THE TRIGGERS BECAUSE THEY'RE NOT GONNA BE DOING AMPLIFIED MUSIC. FINE. IT'S GREAT . UM, YOU KNOW, WHEREAS AGAIN, AND TALKING ABOUT LIKE A WOODWORKER ONE WOODWORKER ZONING CLEARANCE, YOU KNOW, NOW YOU HAVE 11 WOODWORKERS ALL USING MACHINES, MINOR USE PERMITS, SO WE CAN MAKE SURE THERE'S NO IMPACTS THAT ARE GONNA BE PROBLEMATIC. UM, BUT NOW YOU HAVE A MANUFACTURER DOING, YOU KNOW, NATURAL WOOD FURNITURE, THAT MIGHT BE A CONDITIONAL USE PERMIT, BUT IF IT'S A HIGH FI, HIGH FIRE HAZARD GROUP, CLASS H NOT ALLOWABLE WITH OVER 50 PEOPLE. SO, UM, JUST GOING BACK TO, AGAIN, THE INTENT FROM STAFF WAS TO TRY AND STREAMLINE. SO USING EXISTING STANDARDS THAT ARE IN PLACE, UM, AND USING THIS AS AN OPPORTUNITY TO MAKE SURE THAT WE'RE ABLE TO HELP ENFORCE THAT. UM, AND SO WHAT WE DID ESTABLISH WAS THIS IDEA. THERE'S A PRE-CLEARANCE CHECKLIST THAT, UM, WE WOULD HAVE, IT INCLUDES A FIRE DEPARTMENT CHECKLIST. APPLICANT COMES IN, WE ASK THEM, SO THEY PROVIDE IT TO US IN WRITING, WE HAVE DOCUMENTATION, WHAT ARE YOU DOING? THEY SIGN IT SAYING THIS IS WHAT WE'RE DOING. UM, AND THEN THEY CAN GO TO THE FIRE DEPARTMENT, TAKE THAT TO THEM. THE FIRE DEPARTMENT CAN SAY YOU'RE GONNA HAVE TO DO A HAZARDOUS MATERIALS BUSINESS PLAN, BUT YOU'RE NOT OVER THE MAX. AND SO YOU'RE, YOU KNOW, WE'RE MINOR USE PERMIT. WE CAN WORK THIS ADMINISTRATIVELY, BUT WE ARE OVER THE MAX. YOU'RE NOW HIGH HAZARD. OKAY, THAT GOES TO CONDITIONAL USE PERMIT. OR OH, YOU'RE GONNA HAVE A LITTLE JAR OF VARNISH, NO [01:35:01] PROBLEM. LIKE, WE DON'T WANNA SEE YOU AGAIN, , JUST, UM, YOU KNOW, UM, WE DO NEED TO ADDRESS. SO, UM, THE THREE CHAPTERS WHERE THE USES ARE IN THE CHAPTER, ALCOHOL ESTABLISHMENTS, CARD ROOMS, AND ADULT ENTERTAINMENT, AS THE CODE STANDS, NONE OF THOSE USES WOULD BE ALLOWED IN MAKER MICRO BECAUSE THOSE CHAPTERS INDICATE WHERE THEY ARE ALLOWABLE WITH A CONDITIONAL USE PERMIT. SO IN ORDER TO MAKE THOSE USES ALLOWABLE, THOSE CHAPTERS WOULD HAVE TO BE AMENDED. SO THAT WOULD BE THE DIRECTION OF, UM, COMMISSION TO RECOMMEND WHETHER OR NOT THEY WANT TO AMEND THOSE CHAPTERS TO ALLOW ANY OF THOSE USES IN MAKER MICRO. UM, AND SO THE GENERAL PLAN'S INTENT IS TO BE FLEXIBLE, BUT IT WAS DETERMINED BECAUSE AGAIN, THE FLOOD HAZARDS, THESE AREN'T GOOD SITES TO DO, UM, RESIDENTIAL, SO IT'S SUPPOSED TO BE NON-RESIDENTIAL. IT'S IMPORTANT TO KNOW THAT, UM, AB 2011, WHICH I FORGET WHAT YEAR PASSED, BUT IT PASSED AND ALLOWS FOR MULTIFAMILY IN COMMERCIAL ZONES. THERE ARE SOME RESTRICTIONS THAT PROTECT WHERE SITES ARE, WERE PREVIOUSLY DESIGNATED AS INDUSTRIAL BEFORE 2022 OR HAVE BEEN USED AS INDUSTRIAL AS THE MOST RECENT USE. UM, BUT IF YOU HAVE, FOR EXAMPLE, IN MAKER MICRO, BECAUSE THE WAY WE'VE SET THIS UP, RETAIL AND OFFICE ARE ALLOWABLE USES, THERE IS THAT POTENTIAL, UM, THAT SOMEONE COULD USE THAT STATE LAW TO COME IN AND SAY, ACTUALLY I'M GONNA DO A MULTIFAMILY. AND IT'S NOT QUITE THAT SIMPLE. THERE'S MORE TO THE STORY THAN THAT. UM, BUT THAT IS A DISCUSSION WE WILL NEED TO HAVE AT SOME POINT. GREAT. THANKS HEATHER. SO, SO BEFORE WE LEAVE THIS, UM, THE PROPOSAL BEFORE THE COMMISSION TO CONSIDER THIS EVENING IS THAT RATHER THAN, UH, ESTABLISHING THE MAKER MICRO BUSINESS ZONE AND REGULATING IT THROUGH THE ALLOWABLE USE TABLES, WE WOULD REGULATE IT THROUGH CHAPTER 29. UH, WE WOULD HAVE SOME PROHIBITED USES THAT ALLOWS US TO HAVE GREATER FLEXIBILITY ACROSS OUR COMMERCIAL AND INDUSTRIAL LAND USES. GOING BACK TO THE BEGINNING OF, OF THIS SECTION ON THE MAKER MICRO BUSINESS ZONE, THE, THE SITUATION THAT WE RAN INTO WITH HERITAGE SALVAGE, BECAUSE HE HAS, UH, RETAIL USE, HE HAS A CUSTOM DESIGN, USE SMALL SCALE FURNITURE BUILDING RECYCLING AND SO FORTH. UM, AND HE'S, HE'S GOT QUITE A, QUITE A SIGNIFICANT LOCAL FOLLOWING AND I THINK, UH, GENERATES, UM, SOME TOURISM ACTIVITY AS WELL. WHEN WE WOULD FIND A, A SITE IN A COMMERCIAL ZONING DISTRICT THAT WOULD BE, YOU KNOW, THE SIZE THAT HE NEEDED, THE BUILDINGS THAT HE NEEDED AND SUCH, THEN THE INDUSTRIAL USES WOULDN'T BE ALLOWED. IF WE WENT OVER TO THE INDUSTRIAL ZONING DISTRICT AND FOUND A SITE, THEN THE COMMERCIAL USES WOULDN'T BE ALLOWED. AND SO AT EVERY SITE, AND WE PROBABLY LOOKED AT FOUR OR FIVE DIFFERENT SITES, WE RAN INTO THIS SORT OF CHALLENGE OF THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS NOT TALKING TO ONE ANOTHER AND NOT ALLOWING AGGLOMERATIONS OF USES FROM BOTH OF THEM. SO WHAT WE'RE REALLY TRYING TO DO HERE, WHICH IS INNOVATIVE, AND IT, AND IT'S, IT'S, UH, IT CREATES SOME FLEXIBILITY AND SUPPORT FOR NON-RESIDENTIAL USES THAT WE'VE BEEN LOOKING FOR, BUT IT IS DECIDEDLY DIFFERENT THAN WHAT THE CODE HAS DONE IN THE PAST IN THAT WE WOULD NOT REGULATE THIS MAKER MICRO BUSINESS ZONE THROUGH THE ALLOWABLE USE TABLES. SO WE CAN CERTAINLY, UH, REVISIT THIS AND TALK THROUGH IT MORE, UH, BUT DEFINITELY LOOKING TO GET THE COMMISSION'S INITIAL FEEDBACK ON THIS APPROACH. SO THEN, UM, WRAPPING IT UP A BIT, WHAT DOES PHASE ONE DO AND, AND WHAT DOESN'T IT DO? IT WILL ESTABLISH THE ZONES AND MAP THEM. THAT'S VERY RELIANT ON THE GENERAL PLANS LAND USE DESIGNATIONS. IT WILL CARRY THE PLAN STANDARDS INTO THE TABLES, ALLOW BY RIGHT, WHAT POLICY AND LAW DIRECT, UM, AS WELL AS, UM, ALLOW BY RIGHT. OTHER USES THAT WE THINK ARE ARE REASONABLE THAT, THAT WE FEEL CAN, WE CAN OFFER GREATER FLEXIBILITY, UM, WITH, AND THEN IT WORKS TO CORRECT DEFECTS IN THE EXISTING ORDINANCE, AS WELL AS TO BRING ALL OF OUR USES THAT WE WISH TO REGULATE INTO THE USE TABLES. UM, IT'S, IT'S NOT GOING TO ENGAGE IN ANY SIGNIFICANT REFORM, ESPECIALLY REFORM THAT MIGHT, UH, MIGHT WANT TO BENEFIT FROM COMMUNITY ENGAGEMENT. SO WE'VE BEEN MOVING VERY QUICKLY ON THIS PHASE ONE, RELYING UPON THE SIGNIFICANT AMOUNT OF ENGAGEMENT THAT THE GENERAL PLAN IS COMPLETED, UM, AND LEVERAGING THAT. BUT AS WE WOULD GET INTO PHASE TWO ON SOME REFORM MATTERS WHERE WE WOULD WANT TO HOLD COMMUNITY MEETINGS, PERHAPS, UM, CIRCULATE SURVEYS AND SUCH, UH, WE, WE WOULD DO THAT THEN HEADED [01:40:01] INTO PHASE TWO. IT, IT WON'T SEEK TO RECONCILE THE, UM, MORE THAN 150 PLAN DEVELOPMENT DISTRICTS THAT, UM, BUILDING THAT OFF RAMP FOR THOSE DISTRICTS IS GOING TO TAKE A BIT MORE, UH, WORK AND RESEARCH OR TO RESTRUCTURE THE ORDINANCE. UM, THAT WOULD COME LATER AS, AS WE PUT THE FINAL TOUCHES ON THE ORDINANCE. UM, AND I THINK PERHAPS THE MOST IMPORTANT THING IS THAT IT, IT DIDN'T GO OUT LOOKING FOR THINGS TO, TO CHANGE. UH, THE PHASE ONE REALLY TOOK ITS DIRECTION FROM ADOPTED POLICIES FROM STATE LAW AND FROM SOME OF THE INTERNAL MECHANICS OF THE EXISTING ORATES THAT NEEDED TO BE ADDRESSED. SO THE FOUR ITEMS THAT, UH, UM, STAFF IS LOOKING FOR DIRECTION ON THAT WOULD SHAPE THE SEPTEMBER 23RD DRAFTING MOST DIRECTLY, UH, CHAPTER 29. DO WE PROCEED WITH THIS APPROACH OF TAKING A PERFORMANCE BASED, UM, REGULATORY APPROACH TO THESE, THESE ALLOWABLE USES WITHIN THAT ZONE? UM, CHAPTER SIX WE ALREADY TALKED THROUGH, UM, AND, UH, I THINK WE HAVE SOME, WE'LL JUST GO BACK AND REVISIT THOSE QUESTIONS THERE TO, TO GAIN ASSURANCE THAT WE'RE HEADED IN THE RIGHT DIRECTION. UH, DISCUSSION WITH THE COMMISSION ABOUT THE SPAR EXEMPTION FOR UP TO 10 UNITS. UH, I BELIEVE THAT THERE WAS A PUBLIC COMMENT THIS EVENING THAT ALSO ENCOURAGED THAT THE CITY LOOKED TO EXPANDING ITS OBJECTIVE DESIGN STANDARDS AS WELL AS ESTABLISHING SOME DESIGN GUIDELINES IN PHASE TWO. AND I THINK THAT THAT IS ONE OF THE, YOU KNOW, WE HAVE SOME VERY BASIC OBJECTIVE DESIGN STANDARDS THAT WE ESTABLISHED, UH, A COUPLE OF YEARS AGO. AND SO MAYBE, UM, ONE THING THAT THE COMMISSION MIGHT WANT TO CONSIDER IS WE START OUT WITH A 10 UNIT THRESHOLD. AS WE GET TO SOME MORE ROBUST OBJECTIVE DESIGN STANDARDS AND DESIGN GUIDELINES IN PHASE TWO, THEN WE CAN START TO EXPAND THAT, UM, THRESHOLD. AND THEN CHAPTER 28, UH, LOOKING SCRUTINIZING THE DATA CENTER DEFINITION, THE CITYWIDE PROHIBITION, AND THEN BEING ABLE TO, UM, GET THAT INTO THE FINAL, UH, ORDINANCE. SO A QUICK REFLECTION ON WHAT HAPPENS NEXT, OF COURSE, THIS EVENING'S HEARING. THEN ON THE 23RD, THE PACKAGE, UH, THE FINAL ORDINANCE PACKAGE WOULD REPUBLISH ON SEPTEMBER 29TH. THIS, UH, THIS PUBLIC HEARING WOULD BE CONTINUED AND, UH, TAKEN UP AGAIN, UH, WITH A RECOMMENDATION TO THE COMMISSION. AND THEN THE COUNCIL'S FIRST READING WOULD BE ON OCTOBER 19TH. WE DO RECOGNIZE THAT THERE IS A PUBLIC COMMENT REQUESTING, UM, THAT WE DELAY THAT SEPTEMBER 29TH READING TO GIVE MORE TIME TO REVIEW THE FINAL ORDINANCE. AND, UH, IN TALKING WITH THE CHAIR PRIOR TO THIS MEETING, UH, IT SEEMED LIKE WE WOULD WANT TO TAKE THAT CONSIDERATION UP AFTER WE'VE HAD A CHANCE TO HAVE SOME DISCUSSION ABOUT WHERE WE'RE AT RIGHT NOW. AND, UM, WITH THAT THEN CHAIR, IT'S BACK TO YOU, UH, STAFF ARE AVAILABLE FOR QUESTIONS. THANK YOU. RIGHT ON. THANK YOU. UM, SO ONE OF THE THINGS I'VE BEEN REFLECTING ON AS WE'RE, UM, SORT OF EMBARKING ON THIS CONSIDERATION HERE WITH SEVERAL CHAPTERS OF ZONING CODE AMENDMENTS, THAT, AND, AND BECAUSE WE'RE NOT, UM, MAKING A RECOMMENDATION TONIGHT, UM, ONE THING I'D LIKE TO PROPOSE TO REALLY HELP US, UM, CLARIFY AND, AND FACILITATE, YOU KNOW, PUBLIC PARTICIPATION AND UNDERSTANDING OF WHAT WE'RE DOING TO THE MAXIMUM EXTENT POSSIBLE, UM, THAT WE CONFLATE, WE, WE COMBINE OUR TYPICAL QUESTION AND COMMENT PORTIONS. USUALLY WE HAVE QUESTIONS BEFORE PUBLIC COMMENT BEGINS, THEN THERE'S PUBLIC COMMENT, THEN WE COME BACK AND, AND, AND GIVE OUR COMMENTS, RIGHT? SO INSTEAD OF THAT WE GO TO PUBLIC COMMENT FIRST NOW, AND THEN AS WE GO THROUGH EACH OF THESE CHAPTERS AND ARE RESPONDING TO VARIOUS ISSUES, WE HAVE A COMBINED QUESTION AND COMMENT PROCESS, UM, JUST TO REALLY KIND OF KEEP IT TIGHT. UM, AND I'M CURIOUS HOW THE COMMISSION FEELS ABOUT THAT, OR IF THERE'S, UH, AN ALTERNATIVE, UM, PROCESS THAT YOU THINK MIGHT, MIGHT ALLOW US TO BE MORE EFFICIENT AND MORE TRANSPARENT. UH, CERTAINLY OPEN TO THAT CONVERSATION. WHAT, WHAT'S THE PLEASURE OF THE COMMISSION? I THINK THAT SOUNDS REASONABLE IN THE INTEREST OF, UM, NOT GETTING OURSELVES TO FARFIELD AND INTO THE WEEDS WHILE WE'VE GOT SOME FOLKS HERE WISHING TO GIVE PUBLIC COMMENT. GREAT. THANKS COMMISSIONER MOSES. ANY OTHER THOUGHTS? UH, AND I'M CERTAINLY NOT HEARING ANY OBJECTIONS. I MIGHT JUST CALL IT. GOOD. ALRIGHT, HEARING [01:45:01] NO OBJECTIONS, WE'RE GOING TO PROCEED IN THAT MANNER. UH, WE WILL NOW OPEN PUBLIC COMMENT. UH, WE HAVE THREE CARDS. UH, SO, UM, WE WILL HAVE THE MAXIMUM THREE MINUTE, UH, COMMENT PERIOD, UH, FOR SUCH COMMENTS. UH, THE FIRST, UH, SPEAKER PLEASE IS ERIC LELAND, FOLLOWED BY DARREN KUSON. GOOD EVENING. UM, MY NAME IS ERIC LELAND. UM, FIRST, UH, THANK YOU FOR, UM, THE STAFF AND EVERYBODY FOR POURING THROUGH THE, UH, OF COURSE THE GENERAL PLAN FOR PAST FIVE OR SIX YEARS. AND THEN, UM, THE ZONING LAST TIME I POURED THROUGH THE ZONING FOR ANYTHING, THE ONLY TIME REALLY WAS FOR THE TREE PRESERVATION ORDINANCE, WHICH WAS DINKY IN COMPARISON, AND YET IT WAS A MIND BLOWING EXERCISE FOR ME. SO I JUST HAVE A LOT OF APPRECIATION FOR ALL THE WORK THAT GOES INTO THIS. UM, ALSO, FORGIVE ME IF ANYTHING I SAY IS OFF BASE, I'M LEARNING AS I GO. SO, UH, WEIGH IN PLEASE. UM, I NOTICED THAT, UM, IN, IN ONE PORTION OF THE ZONING THAT, UM, IT LETS A HOMEOWNER BUILD UP TO FOUR HOMES ON AN ORDINARY LOT IN OUR LIKE, LOWER DENSITY NEIGHBORHOODS, UH, WITHOUT A HEARING, WHICH I SUPPORT. UM, BUT I DON'T THINK THE PARKING, UH, RULES ARE UPDATED TO MATCH IT. IT'S BASICALLY DIFFICULT TO ACHIEVE FOUR UNITS WITH THE EXISTING PARKING REGULATIONS. UM, SO IF I READ THE TABLE CORRECTLY, I THINK IT WAS 11.1, UH, EACH HOUSE STILL NEEDS, UH, THREE PARKING SPACES, ONE OF THEM COVERED, AND EACH APARTMENT AND A FOURPLEX NEEDS A SPACE AND A HALF. SO LIKE FOUR SMALL HOMES ON A 3000 TO 5,000 SQUARE FOOT LOT COULD NEED ANYWHERE FROM FOUR TO 12 PARKING SPACES. UM, YOU KNOW, IT, IT JUST ON PAPER, THE FOUR HOMES ARE AVAILABLE, BUT IN PRACTICE YOU'RE NOT GONNA GET 'EM. UH, SO I JUST THINK WE COULD RECONSIDER THAT. UM, THINK MORE IN TERMS OF INCLUSION. I THINK ONE OF THE THINGS WE'RE REALLY DOING HERE HISTORICALLY OVER TIME IS UNPACKING EXCLUSIONARY EXCLUSIONARY RULES AND MAKING THEM MORE INCLUSIONARY. UM, SO THINK ABOUT THAT, IF YOU WOULDN'T MIND. UM, ALSO, UH, WITH SPAR IT WOULD BE REALLY, I, I THINK WHAT I HEARD WAS THAT YOU COULD GO BACK AND LOOK AT AN, AN EXERCISE TO, UM, UH, INCREASE, UH, THE, UM, EXCEPTIONS SO THAT WE CAN GO BEYOND 10, PERHAPS EVEN BEYOND 15. I THINK WHEN WE START REALLY TALKING ABOUT INVENTORY OF HOMES OR TALKING ABOUT THESE BIGGER PROJECTS THAT HAVE MORE HOMES AND ADDING ON THIS COST AND TIME LAYER TO THOSE PROJECTS IN PARTICULAR IS VERY IMPACTFUL TO THE AFFORDABILITY CRISIS. SO IF MAYBE THE COMMISSION CAN TALK, TALK ABOUT PUTTING IN MOTION THAT EXERCISE TO GET THAT DONE, WHETHER IT'S PART OF A CLEANUP PROCESS OF THE, UH, ZONING IN GENERAL PLAN OR SOME OTHER PROCESS SO THAT DOESN'T GET LOST, THAT WOULD BE GREAT. THANK YOU. THANK YOU. UH, DARREN, THANK YOU CLERK AND COMMISSION. MY FIRST COMMENT, PROBABLY MY PRIMARY COMMENT IS ON CHAPTER FIVE AND THE DOWNTOWN HOUSING OVERLAY, BASED ON WHAT WE SAW ON AUGUST 24TH, ATTACHMENT FOUR B IN THAT INSTANCE WAS A LAND USE TABLE FROM CHAPTER TWO SHOWING THAT THAT OVERLAY EXPIRED. UH, TONIGHT IT IS NOW ATTACHMENT SIX B THAT IS THE CHAPTER ON LAND USES, AND IT NOW SHOWS THAT IT IS NOT EXPIRED. IT INHERITS OR SUCCEEDS INTO A NEW DOWNTOWN HOUSING AND ECONOMIC OPPORTUNITY OVERLAY. AND CHAPTER FIVE, WHICH WAS NOT PRESENT AT THE AUGUST 24TH MEETING, WHICH IS THE KEY CHAPTER ON OVERLAYS, UH, AGAIN, WAS NOT DISCUSSED TONIGHT. IT'S THERE, THE DOWNTOWN OVERLAYS IN THERE AT THE FULL KIND OF WORDING THAT IT WAS PREVIOUS OR THAT IT, I GUESS ALWAYS HAS BEEN. SO I GUESS JUST GETTING REALLY CLEAR, AND MAYBE THIS IS SOMETHING THE CITY ATTORNEY CAN SPEAK TO EXACTLY, 'CAUSE RIGHT NOW THERE'S STILL A, A SUNSET PROVISION WRITTEN IN THIS NEW DOWNTOWN HOUSING AND ECONOMIC OPPORTUNITY OVERLAY IN THE NEW CHAPTER FIVE THAT WE'RE SEEING FOR THE FIRST TIME TONIGHT. AND SO JUST UNDERSTANDING THE MECHANICS OF IT, DID IT SUNSET LAST NIGHT WHEN THE NEW GENERAL PLAN WAS ADOPTED? ALSO, IT SAYS IN THE CURRENT SUNSET CLAUSE, IT'LL, UH, EXPIRE OR SUNSET WITH THE ADOPTION OF GENERAL PLAN 2040, WHICH DOESN'T EXIST, GENERAL PLAN 2050. SO JUST UNDERSTANDING IF PART J, WHY IT'S STILL IN THERE. LIKE, LIKE I SAID LAST NIGHT, WHEN THE GENERAL PLAN WAS ADOPTED, DID THE SUNSET KICK IN? AND TECHNICALLY WHAT HAS BEEN IN CHAPTER FIVE ABOUT THE DOWNTOWN OVERLAY SUNSETTED, AND NOW THIS IS REVIVING IT THE NEXT DAY, [01:50:01] UH, IS THIS AMENDING THE ZONING CODE SO THAT WE BYPASS THE SUNSET, WHICH IS ALSO SOME OF THE WORDING IN THERE. IT SAYS IT CAN BE AMENDED BY COUNSEL TO, UH, BYPASS THAT SUNSET CLAUSE. SO IT'S UNDERSTANDING THOSE MECHANICS. AND I THINK IT'S WORTH SPEAKING TO THE REFERENDUM ON THIS ITEM. AND IS THE REFERENDUM NOW EXPIRED OR SOMETHING WHEN IT COMES TO THE FAR ADJUSTMENT THAT, THAT NECESSITATED, UH, HOW THOSE PIECES FIT TOGETHER MECHANICALLY, BECAUSE I THINK IT'S ONE OF THE CORE ISSUES THE PUBLIC'S GONNA CARE ABOUT. I THINK EVERYBODY HAD CHAPTER FIVE FLAGGED WHEN IT CAME TO IZO UPDATES. UM, AND THAT KIND OF BLEEDS INTO MY NEXT COMMENT ABOUT, YOU KNOW, TONIGHT WE'RE SEEING CHAPTER FIVE, A BUNCH OF MORE CHAPTERS GOT ADDED SEEMINGLY TO PHASE ONE. A BUNCH OF PERTINENT DETAILS ARE GONNA BE PUBLISHED ON SEPTEMBER 23RD FOR A HEARING FOR THIS NEW REALLY INFLATED PHASE ONE ON THE 29TH. THAT'S NOT REALLY MUCH TIME. THAT'S SIX DAYS FOR THE PUBLIC TO REVIEW AN ENTIRE BATCH OF IEO CHANGES BEFORE YOU GUYS VOTE ON IT. THEN IT MOVES TO COUNCIL, YOU KNOW, WE TOOK FIVE YEARS FOR THE GENERAL PLAN WITHOUT ANY HINTS OF ZONING CODE THROUGHOUT, AND NOW WE GET THE ZONING CODE, WHICH IS ARGUABLY JUST AS IMPORTANT, MAYBE MORE IMPORTANT DAY TO DAY. AND WE'RE KIND OF RAMMING IT THROUGH IN A COUPLE MONTHS. SO I WANNA MAKE SURE WE'RE LEAVING ENOUGH TIME FOR PEOPLE TO REALLY UNDERSTAND THE ZONING CODE AND GET THAT CLARITY ON CHAPTER FIVE. THANK YOU. THANK YOU. I'M HAVING A HARD TIME READING THE HANDWRITING, SO FORGIVE ME IF I DON'T SAY THIS CORRECTLY. LEHUA STEWART. GOOD. OH, THANK YOU. SORRY ABOUT THAT. GOOD EVENING. MY NAME IS LEHUA STEWART AND I'M COMMENTING THIS EVENING ON ITEM TWO AND THE PRACTICAL IMPLEMENTATION AND OBJECTIVE STANDARDS THAT ARE BEFORE YOU THIS EVENING. MY HUSBAND AND I, WE OWN PROPERTY ON PETALUMA BOULEVARD SOUTH, AND WE'RE NOT DEVELOPERS. WE ARE ONLY THE THIRD OWNERS OF OUR PROPERTY IN ABOUT, IN APPROXIMATELY 125 YEARS. AND, UH, OUR HOME DATES BACK TO THE 1880S. AND SO WE ARE INVESTING OUR OWN MONEY TO BUILD AN 848 SQUARE FOOT A DU AND THE RESPONSIBLE, IT'S PRETTY MUCH THE RESPONSIBLE INFILL HOUSING THAT THE CITY IS ASKING FOR AND WANTS TO ENCOURAGE. YET WE'VE SUBMITTED PROPO, OUR PLAN, AND WITHIN FIVE WEEKS OF SUBMITTING OUR PLAN, THE CITY'S REVIEW PROCESS HAS ADDED AN ESTIMATED OF $110,000 BEFORE WE EVEN TOUCH DIRT. THE CITY HAS REJECTED OUR ARCHITECT'S 180,000 PROJECT VALUATION, INCREASING IT TO HALF A MILLION DOLLARS WITHOUT ANY METHODOLOGY ON WHY THAT IS. AND WE'VE ASKED FOR AN EXPLANATION, BUT BASED ON THAT, THE VALUATION IS APPROXIMATELY $50,000 IN PERMIT FEES. THAT'S POTENTIALLY MORE THAN A MORE THAN 110 PLUS PLUS THOUSAND DOLLARS BEFORE CONSTRUCTION BEGINS. EXCLUDING ANY ADDITIONAL FEES GENERATED BY REPEATED EFFORTS, JUST SIMPLY TO DETERMINE WHAT THE CITY REQUIRES AND WHY THE GEOTECH REQUIREMENT ILLUSTRATES A HUGE PROBLEM. THE CITY'S PUBLISHED SOILS BULLETIN IDENTIFIES PARTICULAR SITE CONDITIONS THAT MAY REQUIRE INVESTIGATION. OUR PROPERTY UNDER A BULLETIN PUBLISHED IN PETALUMA STATES THAT WE WOULD BE WAIVED THAT, AND WE ARE BEING TOLD THAT WE WILL STILL NEED TO DO IT WITH NO EXPLANATION. I UNDERSTAND THAT THE COMMISSION IS NOT DECIDING OUR INDIVIDUAL PERMIT THIS EVENING. I'M SHARING OUR EXPERIENCE BECAUSE IT DEMONSTRATES WHAT CAN HAPPEN WHEN HOUSING FRIENDLY POLICIES AND OBJECTIVE STANDARDS MOVE FROM PAPER INTO ACTUAL DEVELOPMENTAL REVIEW. BEFORE RECOMMEND RECOMMENDING THESE AMENDMENTS TO CITY COUNCIL, PLEASE ASK THAT THEY ARE PAIRED WITH MEANINGFUL IMPLEMENTATION SAFEGUARDS, REQUIREMENTS DISCLOSED EARLY CALCULATIONS, AND GOVERNING AUTHORITY PROVIDED IN WRITING REASONABLE ALTERNATIVES GENERALLY CONSIDERED AND CLEAR COORDINATED ANSWERS FROM THE RE REVIEWING DEPARTMENT. PETALUMA CAN ADOPT HOUSING FRIENDLY POLICIES, BUT IF ORDINARY PROPERTY OWNERS LIKE MYSELF ARE FACED WITH 110,000 IN UNEXPECTED COSTS BEFORE TOUCHING DIRT, THOSE POLICIES WILL NOT PRODUCE ACTUAL HOUSING. THE POLICY STANDARDS AND PERMIT PROCESS MUST WORK TOGETHER IN OUR EXPERIENCE FIVE WEEKS INTO THIS. THEY'RE NOT AND THEY DO NOT WORK TOGETHER. IT'S BEEN A NIGHTMARE AND PAINFUL PROCESS. THANK YOU. THANK YOU. THE NEXT SPEAKER IS WARREN GRAN. [01:55:08] UH, GREETINGS. MY NAME'S WARREN DRAINED, RESIDENT OF PETALUMA, WEAR A NUMBER OF HATS IN TOWN JUST HERE PERSONALLY MYSELF THIS EVENING. UM, FIRST OFF, UH, THANK YOU FOR THE PRESENTATION. I, UH, FROM STAFF, THIS STUFF MAKES MY HEAD HURT AND I APPRECIATE ALL THE STUFF TIME THAT YOU'VE PUT INTO THIS. UM, I WANTED TO, UH, OFFER KUDOS TO THE STAFF FOR WORKING WITH THE, UH, BUSINESS COMMUNITY AND, UH, REACHING OUT AND INTEGRATING THE ECONOMIC DEVELOPMENT TEAM INTO THEIR EFFORTS. UM, I KNOW THERE'S ALWAYS CONFLICTING INTERESTS INVOLVED, BUT THE FACT THAT THIS IS PART AND PARCEL OF THE PROCESS IS IMPORTANT. IT NEEDS TO BE, UH, RECOGNIZED AND IT NEEDS TO BE CONTINUED TO BE INTEGRATED INTO THE PROCESS. AT THE END OF THE DAY, UH, WHAT MANY PEOPLE IN THIS COMMUNITY WANT AND NEED IS CLARITY. IT'S HOW WE, UH, CREATE A VIBRANT BUSINESS COMMUNITY. IT'S HOW WE CREATE A VIBRANT ECONOMY. AND THE MORE KIND OF, UH, DIFFICULTY THAT THE ZONING LAW CREATES, THE MORE DIFFICULTY THAT WE WILL SEE, UM, THE PRIOR SPEAKER KIND OF EMPHASIZES WHAT WE'RE TRYING TO AVOID HERE. UM, I AM REALLY HAPPY THAT SHE WAS ABLE TO COME UP HERE AND PROVIDE HER PARTICULAR EXPERIENCE. EVERYBODY'S EXPERIENCE WILL BE DIFFERENT. UH, AND I DON'T KNOW WHAT HER STORY TELLS, BUT IT DOES HIGHLIGHT THE FACT THAT WE AS A CITY HAVE A REALLY SIGNIFICANT NEED FOR PEOPLE TO BE ABLE TO UNDERSTAND WHAT THE ZONING LAW REQUIRES AND WHAT WILL COME OUT OF IT. AND SO A CONTINUED FOCUS ON THAT IS IMPORTANT. UM, FROM TONIGHT'S PRESENTATION, A COUPLE OF QUESTIONS FOR MYSELF. UH, ONE OF THE THINGS THAT SEEMS TO BE IMPORTANT AS FAR AS TO HOW THESE ZONING LAWS GET APPLIED IS THE CHARACTERIZATION OF THE BUSINESS ITSELF. AND THAT APPEARS TO BE SOMETHING THAT IS DONE BY STAFF INTERNALLY. UM, AS TO, YOU KNOW, WHAT, WHAT IS THIS BUSINESS? AND SO MY QUESTION IS, YOU KNOW, HOW DOES THAT WORK INTERNALLY? AND THEN WHAT HAPPENS IF THE BUSINESS DISAGREES WITH HOW STAFF, UH, CHARACTERIZES THE BUSINESS? UM, AND THIS IS A FINAL QUESTION, UM, ON DATA CENTERS. UM, I UNDERSTAND THE OPPOSITION TO IT. I DON'T HAVE A PARTICULAR, UH, PREFERENCE ONE WAY OR THE OTHER, BUT IT SEEMS ODD TO TIE IT TO, UH, THE USE RATHER THAN THE ACTUAL IMPACT ON THE CITY, THE LAND, THE RESOURCES. AND THAT'S THE WAY I'M UNDERSTANDING IT. THE WAY THE, THE ZONING IS BEING WRITTEN. WE, I THINK WE CARE ABOUT THE IMPACT ON THE CITY. UM, AND LAST COMMENT IS, I DO THINK YOU DO NEED A LOT MORE TIME TO REVIEW THIS. THIS IS PRETTY MASSIVE. THANK YOU. THANK YOU. UH, HAS THE CLERK RECEIVED ANY WRITTEN COMMENTS PRIOR TO THE MEETING? WE RECEIVED FOUR, UH, PUBLIC COMMENTS PRIOR TO THE MEETING, AND THOSE HAVE BEEN PUBLISHED ONLINE AND ARE AVAILABLE OUTSIDE IN THE BINDERS. GREAT. THANK YOU. ALRIGHT, WE WILL CLOSE, UH, THE PUBLIC COMMENT. UH, AND WE WILL [COMMITTEE COMMENT] BRING, UH, THIS BACK TO, UH, THE COMMISSIONERS FOR CONSIDERATION IN THAT COMBINED QUESTION AND COMMENT PHASE. UM, AND WE WERE GONNA JUST GO RIGHT THROUGH THE ORDER OF CHAPTERS AS THEY WERE PRESENTED IN THE PRESENTATION. UM, AND STAFF IS GOING TO GIVE US AN ASSIST AS WE ENTER EACH CHAPTER. UM, IT'S MAKING MY HEAD EXPLODE TOO. SO WE'RE GOING TO BE SORT OF, UH, GIVEN A REMINDER ABOUT, YOU KNOW, WHAT ARE THE SALIENT ISSUES, WHAT ARE THE ACTUAL POLICY QUESTIONS THAT ARE BEING, UH, REQUESTED OF US? AND THEN WE'RE GONNA, UH, YOU KNOW, HAVE OUR CONVERSATION, UM, ASK QUESTIONS. WE'LL DO A STRAW POLL RIGHT FOR EACH, UH, POINT AT WHICH TIME THE, THE, UH, STAFF NEED DIRECTION. 'CAUSE WE'RE, WE'RE NOT ACTUALLY MAKING A DECISION HERE OR ADOPTING ANY KIND OF RELA RESOLUTION. WE WILL, WE'LL BE DOING THAT AT THE END. SO IN ORDER TO GIVE STAFF SUFFICIENT CLARITY AND DIRECTION SO THAT THEY CAN WORK ON LANGUAGE BETWEEN THE MEETINGS, UM, IT'LL BE NECESSARY FOR US TO KIND OF AS A GROUP MAKE THESE DECISIONS. CALL THEM TENTATIVE DECISIONS, STRAW POLLS. OKAY. AND THEN AFTER WE RESOLVE EACH ONE, WE'LL JUST KEEP MOVING DOWN THE LINE. I'M GOING TO BE, UH, SORT OF A TASK MASTER HERE AND [02:00:01] I'M GONNA CUT OFF, UM, A NECESSARY COMMENT. YOU KNOW, LET'S, LET'S ALL JUST BE AS EFFICIENT AS POSSIBLE. I DON'T THINK ANYBODY WANTS TO GO PAST 11 TONIGHT. IF WE NEED TO, WE WILL BECAUSE THIS IS IMPORTANT WORK. BUT LET'S NOT DRAG THIS PROCESS, UM, OUT UNNECESSARILY. IS THAT A FAIR APPROACH TO THIS? ALRIGHT. CAN I ASK ONE QUEST CLARIFYING QUESTION WHILE THE FOLKS ARE IN THE ROOM PLEASE? 'CAUSE THEY MIGHT NOT STICK AROUND FOR THE WHOLE THING. MM-HMM . CAN YOU SAY WHAT WAS DRIVING UP THE COST? THEY, THEY INDICATED THAT THE COST, YOU KNOW, ESCALATED QUICKLY. UM, I ASSUME THAT WE HAVE SOMEONE IN THE ROOM THAT HAS SOME FAMILIARITY WITH THE, THE APPLICATION AND JUST LIKE WHAT WERE THE ISSUES WITH THE APPLICATION AND IS ANY OF THAT, UM, BEFORE THE COMMISSION? I THANKS COUNCIL MEMBER, UH, BRIAN O DIRECTOR OF COMMUNITY DEVELOPMENT. I SAW THE EMAIL THAT LEHUA HAD SENT THIS MORNING OR AFTERNOON. SO I HAVEN'T DONE A DEEP DIVE ON IT. IT'S A BUILDING PERMIT, UH, FOR AN A DU. UM, I WOULD REALLY NEED TO DIG INTO THE SPECIFICS. UM, TO GIVE YOU A BETTER ANSWER FOR THAT. UM, THE THINGS THAT I PICKED UP IN HER PUBLIC COMMENT IS RELATED TO, UH, BUILDING VALUE. SO THAT'S HOW WE ESTABLISH OUR, UM, OUR PERMIT FEES IS ON THE AMOUNT OF MONEY, UM, CONSTRUCTION, UM, THE COST TO WHATEVER. SO THE A DU CONSTRUCTION, UM, I THINK I HEARD REFERENCE TO 500 K. AND SO THAT'S, UM, THAT COULD BE ONE DRIVING UP THE PERMIT COST ITSELF. UH, FEASIBILITY, I SUSPECT, IF I REMEMBER, BUT WHO WAS EARLIER, I THINK SHE HAD COME TO THE CITY TO HAVE A DEVELOPMENT PROPOSAL. THERE MAY BE SOME ISSUES WITH SETBACKS. SO IT'S A PRETTY, UM, LONG LOT ON THE BOULEVARD, UM, WITHOUT MUCH WIDTH. SO THERE'S A FEW THINGS THAT WE'D HAVE TO WORK THROUGH. UM, SO IT'S HARD TO SAY HOW TONIGHT'S DISCUSSION WOULD IMPACT HER PROJECT. ALSO WORTH MENTIONING, UM, SO I THINK THIS YEAR WE'VE PERMITTED 18 AND COUNTING ADUS, UM, GOT GOTTEN THEM THROUGH PERMIT PROCESS, GOT THEM BUILT. UM, ONE OF THE THINGS THAT I'D WANT TO REENGAGE WITH HER ON IS, UM, MANY OF THOSE ARE COMING IN AT 7 49. IT'S A STATE STREAMLINING TO GET AN A DU THROUGH. UM, AND SO THAT MAY BE SOMETHING TO EXPLORE. I SUSPECT FIRE SPRINKLERS MAY ALSO BE SOMETHING THAT MAY HAVE BEEN IDENTIFIED. UM, YOU KNOW, THOSE ARE THE THINGS THAT COME TO MIND. OKAY. ONE, ONE FOLLOW UP QUESTION IF I MIGHT. UM, WE HAD AN EXTENSIVE CONVERSATION HERE ABOUT ADUS AND THEN THAT NEVER CAME BACK TO THE COMMISSION WITH A PROPOSAL THAT WE WERE, I ASSUMED WHEN WE, WE LOOKED AT LIKE, I THINK IT WAS STORAGE AND, AND ADUS, RIGHT? WHERE IS THE A DU CONVERSATION IN ALL OF THIS? 'CAUSE WE GAVE QUITE A BIT OF FEEDBACK ON THAT. IS THAT GONNA BE COMING BEFORE US ON THE 29TH? UM, 'CAUSE I THINK WE INCREASED SOME, SOME SIZE LIMITS AND THINGS LIKE THAT IN THAT PROCESS. AND, UM, I'M JUST TRYING TO UNDERSTAND WHERE THAT PROJECT LIVES NOW. SORRY. SORRY. OKAY. WELL I'LL, I'LL, I THOUGHT YOU WERE GONNA, I THINK ANDREW MAY BE BEST TO ANSWER WHAT'S COMING FORWARD ON THE 29TH. AND SO COUNCILMAN, YOU'RE REFERRING TO THE, UH, STUDY SESSION THAT WE DID ON ADUS. UH, WE LOOKED AT EVERYTHING FROM CONIZATION, SO, YOU KNOW, ACTIVATING STATE LAW TO, UH, LOOKING AT THE POTENTIAL FOR, UH, INCREASING SIZES, REDUCTION OF SETBACKS. UM, AND SO I, I BELIEVE SOME OF IT IS BEING INCORPORATED, BUT ALSO I'D LIKE TO DEFER TO ANDREW. 'CAUSE I SUSPECT IT MIGHT BE PART OF PHASE TWO, RIGHT? IT'S, UH, IT WILL BE PART OF PHASE TWO. IT WOULD BE ONE OF THE FIRST THINGS THAT WE TACKLE AS SOON AS WE GET PHASE ONE OUT OF THE WAY. SO THAT PUTS US AT SPRING OF NEXT YEAR, CORRECT? YEAH. ANY FURTHER QUESTIONS? ALRIGHT, UH, LET'S, UH, PROCEED WITH CHAPTER ONE. THERE IS A DECISION POINT HERE REQUESTED, [02:05:01] UH, YES, CHAIR. SO THAT WAS REALLY A PRETTY STRAIGHTFORWARD IN IT. UM, WE'RE PROPOSING THAT, UH, SECTION 1.050 WITH REGARD TO, UM, ZONING CODE INTERPRETATIONS THAT THOSE WOULD BE REPORTED ANNUALLY TO THE COMMISSION. UM, LONG TERM THE PERSPECTIVE WOULD BE THAT THE ZONING INTERPRETATIONS WOULD FORM THE BASIS FOR AN, AN ANNUAL PACKAGE OF AMENDMENTS THAT WOULD COME FORWARD TO THE COMMISSION. SO THAT, THAT WOULD BE WHERE WE WOULD LAND EVENTUALLY. BUT, UH, IN THIS INTERIM WE CAN, WE COULD CERTAINLY WRITE IT THAT WE WOULD, UH, BRING THEM FORWARD, UH, AND REPORT THEM DURING, YOU KNOW, THE RE THE FIRST REGULAR MEETING AFTER IT'S ISSUED OR SOMETHING LIKE THAT. SO WE, WE REALLY HAVE SOME FLEXIBILITY THERE. ANY QUESTIONS OR, OR COMMENTS? I HAD MAYBE JUST A DETAILED QUESTION. I THINK IT WAS CHAPTER ONE WHERE THE CALCULATIONS WERE ADDED, UM, SPECIFICALLY REFERRING TO FRACTIONS AND ROUNDING. I'M JUST CURIOUS ABOUT WHERE THAT CAME FROM OR WHY, WHERE THE ORIGIN OF THAT WAS. I CAN TACKLE THAT ONE. UH, JUST LOOKING AT OTHER CODES, NORMALLY WHEN WE DISCUSS INFRACTIONS, LIKE IN OUR INCLUSIONARY HOUSING, UH, I'M TRYING TO THINK OF OTHER ONES. WE SPECIFICALLY SAY, LET'S ROUND UP, LET'S ROUND DOWN AND THIS WOULD, AND WE'RE GONNA DO THAT FOR ALL OF OUR CODES, BUT ON THE OFF, OFF CHANCE THAT WE MISS ONE OR IN THE FUTURE, THEN WE KNOW HOW TO TREAT FRACTIONS. SO IT'S JUST KIND OF A SAFETY NET. AND I THINK THAT'S PRETTY COMMON WITH MOST ZONING CODES. YEAH, AND UM, WE ALSO, WITH THE, THE GENERAL PLAN THAT WASN'T, THAT HAS BEEN IN PLACE. IT, IT HAD NO CLARITY ON ROUNDING FOR DENSITY PURPOSES. AND SO WHILE WE INTERPRETED THAT, YOU KNOW, UM, IN ORDER TO FACILITATE HOUSING PRODUCTION, IT WAS STILL BETTER TO BE ON THE VERY FIRM GROUND OF HAVING DIRECTION FROM THE ZONING ORDINANCE. ANY OTHER QUESTIONS OR COMMENTS ON CHAPTER ONE? I HAVE A QUESTION. UH, I UNDERSTAND THE UPDATE WOULD BE ONCE A YEAR. IS THERE A, UH, PARTICULAR POINT IN THE YEAR THAT IS MOST EFFICIENT TO DO THIS GIVEN THE OTHER WORKFLOW THAT THE CITY, IT WOULD GO TO THE PLANNING COMMISSION ONCE A YEAR? SO IS THERE A POINT IN TIME NOT AT THIS. WE, WE HADN'T TARGETED ANY TIMEFRAME OR, OR TIME OF YEAR AND, YOU KNOW, THE INTERPRETATIONS COME FORWARD OCCASIONALLY, UM, THERE'S, WE WOULD AN, I THINK WE WOULD ANTICIPATE THAT, YOU KNOW, EARLY ON, UM, WHEN WE FIRST RECEIVED THE ADOPTED ZONING ORDINANCE AND BEGIN IMPLEMENTING IT, THERE WOULD BE THE NEED FOR SOME INTERPRETATIONS. MM-HMM. AND, AND SOME AMENDMENTS SUBSEQUENT TO THAT. SO YOU MIGHT ANTICIPATE THAT YOU WOULD HAVE, YOU KNOW, HIGHER VOLUME IN THE FIRST COUPLE OF YEARS PERHAPS THAN, UH, IN LATER YEARS. UH, I THINK MY, MY COMMENT THEN WOULD BE TO SET THE DATE SOMETIME MAYBE AT THE BEGINNING OF THE SECOND QUARTER OR THE BEGINNING OF, UH, MAYBE THE FOURTH QUARTER OF EACH YEAR. UH, SO AS TO AVOID LIKE HOLIDAY CRUNCH, UM, SUMMER VACATIONS, YOU KNOW, 'CAUSE STAFF IS PUTTING THIS ALL TOGETHER. UM, YOU KNOW, WHATEVER ZONING CODE AMENDMENTS NEED TO BE DONE EACH YEAR. UH, PUTTING ALL THESE INTERPRETATIONS TOGETHER. SO WHATEVER IT ALLOWS STAFF TO BE THE MOST EFFICIENT, I REALLY HAVE NO OPINION, BUT PLEASE PICK A DATE AND PUT IT IN THE, IN THE ORDINANCE SO THAT THE PUBLIC HAS A REASONABLE UNDERSTANDING AND EXPECTATION FOR WHEN THIS IS GONNA HAPPEN. SURE. THANK YOU. AND I KIND OF JUST WANNA ADD TO THAT. THIS IS A PRETTY COOL, I THINK, PROVISION THAT WE'RE DOING AND REQUIRING THOSE INTERPRETATIONS NOW TO BE PUBLISHED ON OUR COMMUNITY DEVELOPMENT WEBSITE. I DON'T KNOW HOW MANY INTERPRETATIONS WE HAVE OF OUR CODE, BUT IT'LL BE MORE TRANSPARENT DEVELOPERS, THE PUBLIC, THEY'LL BE ABLE TO SEE HOW WE'RE INTERPRETING OUR CODE, WHY WE'RE INTERPRETING IT. AND THEN WHEN IT COMES BACK TO THE COMMISSION, YOU CAN TELL US, OKAY, WE WANT TO CODIFY THOSE INTERPRETATIONS. SO I THINK THAT IS A PRETTY COOL CHANGE THAT WE'RE ADDING TO OUR CODE RIGHT NOW. THANK YOU. UH, SO IF I'M, I'M GONNA CALL A STRAW POLL. I DON'T SEE ANY OTHER QUESTIONS OR COMMENTS ON CHAPTER ONE. UM, ARE, ARE WE, UH, OKAY WITH, UM, THE CHAPTERS PROPOSED DROP ALL THERE? I I'M, OKAY. [02:10:01] I'M, I'M JUST READING THROUGH THE, IN THE CHAPTER REAL QUICKLY. IS THERE, WHAT EXACT SECTION DOES IT DESCRIBE THE NEED TO POST OR TO RECONVENE OR, UM, SHOW THE COMMISSION THE CHANGES ON AN ANNUAL BASIS? UH, IT SHOULD BE IN 1.050. YEAH. NUMBER SEVEN. I DISAGREE. COMMISSIONER AUER. YEAH, JUST WE DON'T HAVE THE, UM, THE PRESENTATION MATERIALS ON THE AGENDA PERHAPS, UH, IF WE COULD HAVE THE RELEVANT SLIDES ON THE SCREEN WHILE WE'RE TALKING ABOUT PARTICULAR CHAPTERS, THAT WOULD BE USEFUL. THANK YOU. THAT'S A VERY GOOD SUGGESTION. IT'S ACTUALLY GONNA, OH, IT'S NUMBER NINE. NUMBER NINE, RIGHT? YEAH. OKAY. THANK YOU. SOMETIMES THE SLIDES DON'T NECESSARILY ANSWER THE QUESTION, BUT THAT'S A VERY GOOD SUGGESTION. COMMISSIONER AUER, UM, EVERYTHING GOOD? EVERY, EVERYTHING'S GOOD? YEAH. OKAY. SO I THINK THAT STRAW POLL SAYS THUMBS UP ON THE CHAPTER ONE. UH, DO WE HAVE A STRAW POLL REGARDING MY SUGGESTION TO HAVE SOME KIND OF FIXED DATE? YEAH, I LIKE THE IDEA OF A FIXED DATE THAT MAKES IT CLEAR TO EVERYONE WHEN THIS NEEDS TO BE DONE. AND WE'LL ALSO PROVIDE THE PUBLIC ENOUGH NOTICE TO LOOK FOR WHEN AN UPDATE WILL BE PROVIDED. ALRIGHT. IT DOES MAKE ME WONDER IF THERE ARE OTHER RECURRING ITEMS THAT ARE GONNA HAPPEN ON AN ANNUAL BASIS AND JUST KIND OF ANTICIPATING THAT. THAT'S A GOOD POINT. SO THERE, I THINK STAFF IS GONNA FIGURE OUT WHAT DATE WORKS BEST EACH YEAR, AND THAT WOULD BE PREFERRED JUST TO HAVE A LITTLE FLEXIBILITY. I MEAN, AS FAR AS STANDING ITEMS, WE COME, UH, FORWARD WITH THE ANNUAL PROGRESS REPORT ON THE HOUSING ELEMENT. UM, I ALSO, THE THING THAT I'M JUST KEEPING IN MIND IS, UH, DEVELOPMENT ACTIVITY IS NOT ON A CONSISTENT, YOU KNOW, CADENCE AND SO I WOULD HATE TO HAVE TO COMMIT TO SOMETHING AND THEN WE HAVE, YOU KNOW, THREE DEVELOPMENT APPLICATIONS THAT WE WANNA MOVE FORWARD. SO, UM, I WOULD APPRECIATE SOME FLEXIBILITY THERE. RIGHT. WELL, WE'RE SUGGESTING STAFF KIND OF FIGURE, FIGURE OUT A WAY TO CRAFT A DATE PIECE. SO, UM, I THINK WE'RE ALL GOOD WITH THAT. SO WE'RE GONNA, UM, UH, MOVE ON TO CHAPTER TWO. THAT'S, I BELIEVE THE ONLY ISSUE ON CHAPTER ONE. YES. IT'S OKAY. SO CHAPTER TWO, WE ALSO HAVE A DECISION POINT HERE, UM, REGARDING THE, UH, PARCEL SPLIT ZONES. BUT DIDN'T WE ALREADY DISCUSS THIS, RIGHT? WE DID. THAT'S JUST A CONFIRMATION. OKAY. AND WE HAVE, WE HAVE CODED THAT IN, SO THAT IS IN THE, WILL BE IN THE FINAL DRAFT. I DID HAVE A QUESTION ON THIS. MM-HMM . ON THE SPLIT, UH, SPLIT ZONE. GIVEN THAT AT THE, UM, GENERAL PLAN APPROVAL LAST NIGHT, THE RIVER PARK PARCEL, WHICH WAS SORT OF THE MAIN FOCUS OF THAT SPLIT ZONE, GOT RESOLVED, UM, IN A MODIFICATION TO THE GENERAL PLAN. RIGHT. DO WE HAVE ANY SPLIT ZONED PARCELS ANYMORE THAT NEED THIS? I, I WOULD HAVE TO GO BACK AND VERIFY. I BELIEVE WE'VE GOT SEVERAL REMAINING. YEAH. OKAY. YEAH, I THINK, BUT YOU'RE RIGHT. THAT WAS THE, THE SORT OF THE, THE FOCUS OF THAT CONVERSATION AT OUR LAST MEETING WAS VERY DIRECTED TOWARDS THE RIVER PARK, WHICH IS NOW HANDLED. SO I THINK IT'S, IT'S TOTALLY REASONABLE FOR THE, UM, PZO TO HAVE SOMETHING IN IT THAT SPEAKS TO THIS, TO THE EXTENT THAT IT COMES UP AGAIN. BUT, UM, IT'S SEEMINGLY LESS, UH, URGENT FOR A, A, A LIVE PROJECT, UM, GIVEN THAT THE RIVER PARK WAS, WAS SETTLED. SO I THINK, YEAH, I, I, I'M STILL COMFORTABLE WITH IT BEING, UM, AGGREGATED AS WE AGREED TO LAST TIME, UM, TO THE EXTENT THAT THAT SITUATION EVEN EVER EXISTS. GREAT. AND WHEN WE BRING IT BACK, WE, WE CAN DO A, A REVIEW IN GIS AND SEE WHICH PARCELS IT WOULD BE APPLICABLE TO. ARE THERE ANY OTHER, UH, QUESTIONS OR COMMENTS REGARDING, UH, CHAPTER TWO? ALRIGHT. HEARING NONE, WE WILL, UH, DO A STRAW POLL TO, UH, GAUGE THE COMMISSION'S, UH, POSITION ON THE PROPOSED, UH, CHAPTER TWO AMENDMENTS. [02:15:05] OKAY. I'M SEEING A MAJORITY. UH, GOOD WITH THAT. UM, THANK YOU VERY MUCH. OKAY. CHAPTER THREE, UH, IS, UH, DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS. UH, AND YEP, WE'VE GOT THE SLIDES UP. THANK YOU VERY MUCH FOR PUTTING THOSE UP. IT'S REALLY HELPFUL. UM, MY SCREEN, BY THE WAY, WENT OUT, BUT I'VE GOT THE HANDOUT, SO I'M, I'M GOING OLD SCHOOL. UH, UM, IF WE DO ANYTHING BESIDES THE, THE SLIDES ON THE SCREEN, I'M GONNA NEED AN ASSIST, PLEASE. UH, SO CHAPTER THREE, UH, ANY QUESTIONS OR, OR COMMENTS FROM, FROM COMMISSIONERS? IT LOOKS LIKE THIS IS WHERE INCLUSIONARY HOUSING OUGHT TO BE DISCUSSED. IS THIS, IS THIS THE APPROPRIATE PLACE TO TALK ABOUT THE INCLUSIONARY HOUSING? I KNOW WE SPENT SOME TIME ON THAT LAST MEETING. WE DID. I THINK THE, THE REQUEST FROM COMMISSION WAS TO PROCEED WITH, UM, PULLING TOGETHER A STUDY, A STUDY SESSION AROUND IT. NO, IT WAS TO SUSPEND IT UNTIL PHASE TWO. OH, I MISSED, I, I'M SORRY, I MISSED THAT THEN. YEAH, I THOUGHT THAT, I DIDN'T THINK THAT WE HAD HAD A PROPOSAL TO MOVE FORWARD WITHOUT A, A STUDY SESSION. I'M PRETTY SURE THAT WE SAID WE WERE GONNA SUSPEND THE INCLUSIONARY UNTIL PHASE, WHILE WE DO A STUDY UNTIL PHASE TWO, SO THAT WE HAVE A PILOT OF WHAT IT LOOKS LIKE WITHOUT IT. LET ME, LET ME PROPOSE A WAY TO, UH, PROCEED WITH THIS. THE STAFF REPORT, IF I RECALL, SAID THAT THAT DISCUSSION CAME UP, BUT THE COMMISSION DID NOT MAKE A DECISION IN TERMS OF RECOMMENDING THAT. THAT DOESN'T MEAN WE CAN'T RECOMMEND IT IN OUR, UM, OUR ACTION THAT WE'RE GONNA TAKE AT THE END OF PHASE ONE. YOU KNOW, WE'RE NOT MAKING ANY RECOMMENDATIONS TODAY. WE CAN DO A STRAW POLL IN TERMS OF ASKING THE STAFF TO DO THE, THE LEGWORK TO HAVE SUSPENSION LANGUAGE YEAH. FOR A RECOMMENDATION TO THE CITY COUNCIL WHEN WE DO OUR FINAL RECOMMENDATION ON THE 29TH. ON THE 29TH. YEAH. THAT'S WHAT I'D LIKE. YEAH. AND THAT, I BELIEVE, WOULD IT BE A SEPARATE RESOLUTION? I'M LOOKING AT THE, UH, CITY ATTORNEY. I DON'T THINK IT WOULD BE, WE, IT WOULDN'T BE SOMETHING WE WOULD WRITE INTO THE ORDINANCE. I MEAN, I THINK WE COULD, UM, WELL, THE DIRECTION'S PRETTY CLEAR. IF THAT'S WHAT THE COMMISSION WANTS, WE CAN FIGURE OUT THE, THE MECHANISM TO DO THAT, THOUGH. I MEAN, WE'RE NOT GONNA SEE ANY SMALL PROJECTS COME FORWARD IF WE HAVE A 15% INCLUSIONARY ON A FIVE UNIT PROJECT. LET'S BE REAL FOLKS. LIKE WHY ARE WE DOING IT IF WE'RE NOT GONNA ACTUALLY TRY AND FACILITATE HOUSING PRODUCTION? YEAH. BY MY RECOLLECTION, OUR CONVERSATION LAST MEETING AROUND THE OPPORTUNITY TO USE IT AS A PILOT PERIOD, UM, WHILE THERE'S FURTHER STUDY AND INTO PHASE TWO WAS COMPELLING. UM, SO IF WE WANNA SORT OF MAKE THAT OFFICIAL WITH A STRAW POLL TO SAY THAT IT IS THE OPINION OF THE COMMISSION TO SUSPEND THE INCLUSIONARY HOUSING, UM, WHILE WE STUDY IT AND FIGURE OUT WHAT IT OUGHT TO BE IN PHASE TWO, UM, I, I'D BE INTERESTED IN THAT STRAW. PAUL. UM, ARE THERE ANY QUESTION BEFORE WE HAVE A STRAW? PAUL? I, I SEE OKAY. COUNCIL MEMBERS. LET ME JUST LET, LET ME JUST NOTE, UM, TO SHARE THAT 3.040 A, UM, SAYS THAT IT ONLY APPLIES TO RESIDENTIAL PROJECTS OF FIVE UNITS OR MORE. SO FOR THOSE SMALL SCALE, FOUR OR FEWER, IT WOULDN'T BE APPLIED ANYWAY. RIGHT. AND WE'RE TALKING LIKE, THAT'S NOT THE, THE ONLY SIZE PROJECTS THAT WE'RE TRYING TO FACILITATE. WE'RE TRYING TO FACILITATE 10 UNIT PROJECTS. SO, UM, LIKE, I MEAN, THERE WAS JUST A STUDY THAT CAME OUT LIKE, WHAT, A MONTH AGO. IT SAID THAT, YOU KNOW, DRACONIAN INCLUSIONARY POLICIES LIKE OURS LITERALLY EXPLICITLY CALLS OUT THE THINGS LIKE OURS THAT HAVE START LOW AND HAVE HIGH THRESHOLDS ARE LIKE CUTTING HOUSING PRODUCTION BY LIKE 31 OR 38%. LIKE THIS IS, IT CERTAINLY SEEMS LIKE THE DATA BEARS THAT OUT IN, IN PETALUMA. I, ARE THERE ANY QUESTIONS, UH, THAT COMMISSIONERS HAVE OF STAFF ON THIS PARTICULAR ISSUE? I GUESS ONE QUESTION OFF OF THAT, IF, IF WE ARE HEADING TOWARDS A SITUATION WHERE WE ARE WAIVING THE INCLUSIONARY HOUSING, [02:20:02] IT ALREADY DOESN'T APPLY TO ZERO TO FIVE, WOULD IT THEN MEAN THAT FIVE TO 10 OR FIVE TO 15 IF WE CAN GET OURSELVES TO 15, SORT OF WHAT IS THE UNIVERSE OF PROJECT THAT WE ARE ADDRESSING HERE? THAT'S THE PREROGATIVE OF PLANNING COMMISSION SLASH CITY COUNCIL. SO IF YOU WANNA PUT SOME CAVEATS, I MEAN, THAT'S, THIS IS THE TIME TO HAVE THAT CONVERSATION. UM, YOU CAN CUT IT A FEW DIFFERENT WAYS. YEAH. UM, SO I'M GETTING THE SENSE THAT STAFF ISN'T REALLY PREPARED FOR THIS. UM, AND I MEAN, I HAVE A QUESTION THAT I DON'T, I'M NOT SURE WE'RE GONNA HAVE AN ANSWER FOR, BUT DOES THE HOUSING ELEMENT ALLOW US TO SUSPEND INCLUSIONARY HOUSING WITHOUT AN ALTERNATIVE POLICY IN PLACE? ALL THINGS THAT WE WOULD WORK FEVERISHLY TO IDENTIFY BEFORE THE 29TH. OKAY. WELL, CAN WE, CAN WE HAVE THIS ITEM MAYBE ON, UH, OUR, UM, NEXT MEETING, THE, ON THE 2020 NINTH? RIGHT. IT'S, IT'S EASY ENOUGH FOR US TO STRUCTURE IT AND PROGRAM 11 OF THE, UM, HOUSING ELEMENT IS ENTITLED INCLUSIONARY HOUSING. ONE OF THE, UM, IT, IT DOES SAY TO FACILITATE HOUSING DEVELOPMENT, THE CITY WILL EVALUATE THE INCLUSIONARY HOUSING PROGRAM TO ASSESS THE THRESHOLD FOR APPLYING THE INCLUSIONARY REQUIREMENTS, INCLUDING THE APPROPRIATE UNIT THRESHOLDS FOR IN LIE OPTIONS. SO, UM, SOME CLEAR DIRECTION THERE. UM, AT THE SAME TIME, IT, IT DOES SAY CONTINUE IMPLEMENTATION OF THE PROGRAM TO CREATE 1000 AFFORDABLE UNITS OVER EIGHT YEARS INCLUSIVE OF 419 AFFORDABLE UNITS IN THE PIPELINE. SO IT, IT, UH, WE WOULD WANT TO FULLY REVIEW THOSE, THOSE HOUSING ELEMENT ACTIONS AND MAKE SURE THAT WE'RE BRINGING THOSE BACK AS WELL ALONG WITH, UH, TO INFORM A STRUCTURE. YEAH. I, I SENT A, AN EMAIL TO YOU, YOU KNOW, WITH IDEAS ABOUT HOW WE CAN, HOW WE CAN CONTINUE TO FUND AFFORDABLE HOUSING. RIGHT. UM, AND YOU KNOW, LIKE THE DATA'S PRETTY, PRETTY CLEAR AND PRETTY DAMNING ON POLICIES LIKE OURS. UM, AND I THINK IF YOU GO BACK AND YOU LOOK AT THE LAST MEETING, IT WAS, I THINK IT WAS PRETTY CLEAR WHAT THE COMMISSION SUGGESTED TOO. SO, UM, IT WOULD, UH, YOU KNOW, WE'VE GOT PROJECTS THAT HAVE STALLED AT 56 UNITS OVER AT CREEKWOOD, RIGHT. UM, THAT HAD INCLUSIONARY IN, IN THEM THAT WE HAVE THE OYSTER COVE PROJECT THAT WAS ABANDONED AT 131 UNITS. AND, UM, YOU KNOW, YOU'VE SAID THAT THEY'RE COMING BACK, BUT THEY'RE COMING BACK WITH, UM, DETACHED SINGLE FAMILY HOMES THAT ARE GONNA BE MORE EXPENSIVE. SO THAT'S NOT NECESSARILY ACHIEVING OUR AFFORDABILITY GOALS. IF THEY'RE COMING BACK WITH MORE EXPENSIVE HOMES, THEY'RE COMING BACK, OR OYSTER COVE POTENTIALLY COMING BACK ONLINE AND TRYING TO DO A BUNCH OF GARAGE ADUS TO MAKE THEIR WAY AROUND OUR, UM, INCLUSIONARY. LIKE, THAT'S NOT NECESSARILY WHAT WE'RE TRYING TO ACCOMPLISH EITHER, RIGHT? LIKE, UM, EVERYBODY'S TRYING TO MAKE THEIR WAY AROUND THE MAZE THAT INCLUSIONARY ZONING CREATES. UM, INSTEAD OF TRYING TO, UM, RECOGNIZE THAT IT'S A FAILED POLICY AND ATTACKS ON, UM, YOU KNOW, NEW HOME BUYERS, I DO NOT, UM, CONTEST THAT IT AFFECTS THE BOTTOM LINE. UM, WE HISTORICALLY HAVE BEEN, YOU KNOW, THE OTHER THING TO KEEP IN MIND, WE HAVE RENA THAT WE HAVE TO MEET. UM, IT DOES COME IN WAVES. AND SO TYPICALLY, HISTORICALLY WHAT WE'VE BEEN SUCCESSFUL IN DOING IS A HUNDRED PERCENT DEED RESTRICTED TO ACCOMPLISH THAT. UM, SO AGAIN, THESE ARE THINGS WE HAVE TO BALANCE. I DO, YOU KNOW, AGREE THAT, UM, IT'S ESSENTIALLY A, A SUBSIDY, RIGHT? IT'S ON THE BACKS OF THE MARKET RATE, THERE'S A COST TO IT. UM, AND SO IF WE MISS THE MARK, I, I TAKE THAT ON, UM, DIRECTLY THAT WE'RE NOT BETTER PREPARED THIS EVENING. UM, BUT IF THE STRAW POLL IS THAT WE LOOK AT IT, THEN WE'LL LOOK AT IT JUST WONDERING IF WE DO GO DOWN THIS PATH, WILL THAT THEN ADD TO THE DISCUSSION WHETHER OR NOT THE EXTENSION FOR HOW LONG WE WOULD NEED TO REVIEW ADDITIONALLY, BECAUSE IT WILL BE A [02:25:01] NEW, UM, PROPOSAL. UM, DO YOU THINK, DOES ANYONE UP HERE THINK THAT THAT IS, WOULD BE PART OF THIS CONVERSATION AS WELL? SO FOR ME, IT'S A CLEAN SUSPENSION UNTIL WE ADOPT PHASE TWO. SO THERE WILL BE A STUDY SESSION. I'M SAYING THAT I THINK THAT IT'S A COMPLETELY FAILED POLICY RIGHT NOW, WHAT WE HAVE, AND WE'D BE BETTER OFF WITH NOTHING, UM, WHILE WE TRY AND FIGURE OUT WHAT SOMETHING IS. UM, AND, UH, THAT IS MY PROPOSAL IS NOT TO TRY AND LIKE GET ALL, YOU KNOW, LIKE, PRETEND LIKE WE'VE DONE IN A STUDY. IT IS TO SAY THAT THIS IS A FAILED POLICY AND WE SHOULD RESCIND IT AND SUSPEND IT AND FIGURE OUT WHAT IS THE RIGHT POLICY FOR SO THAT WE CAN ADOPT IT IN PHASE TWO. UM, BUT THIS IS A, YOU KNOW, IT'S A PROHIBITIVE POLICY. IT'S BAD FOR BAD FOR HOUSING PRODUCTION, IT'S BAD FOR AFFORDABILITY. UM, IT'S COUNTER TO WHAT I THINK ALL OF OUR GOALS ARE. OKAY. I WANT TO GAUGE OUR, UH, POSITION HERE, WHICH IS, IS EVERYONE ALL RIGHT WITH ASKING STAFF TO, UM, YOU KNOW, BE PREPARED AT THE SEPTEMBER 29TH MEETING TO, UH, YOU KNOW, RESPOND WITH, WITH OPTIONS AND, AND, UH, ON HOW TO PROCEED? AND THEN WE CAN HAVE A MORE INFORMED CONVERSATION ABOUT THIS AND THE PUBLIC WILL HAVE NOTICE THAT THIS IS ON THE TABLE AND CAN COMMENT IS THAT, UM, ALL I WOULD JUST WANNA MAKE SURE THAT THE SORT OF WHAT WE'RE ASKING STAFF TO PREPARE IS CLEAR SO THAT WE DON'T SORT OF DO THIS AGAIN, , WHICH IS THAT WE'RE, WE'RE ASKING STAFF TO PREPARE, UH, THE, FOR THE NOTION OF A, UH, RESCINDING THE INCLUSIONARY HOUSING UNTIL IT IS POTENTIALLY REINSTATED IN THE SAME OR NEW FORM IN PHASE TWO. THAT, THAT, THAT'S WHAT WE'RE ASKING FOR, IS TO TURN OFF THE INCLUSIONARY HOUSING REQUIREMENTS UNTIL WE'RE INTO PHASE TWO AND ADDRESSING THOSE, UH, CHANGES TO THE CODE, TO THE ORDINANCE. SO COMMISSIONER MOSES IS JUST SAYING, YOU KNOW, ESTABLISHING THE CLARITY OF THE REQUEST, WHICH IS, YOU KNOW, THAT'S THE POLICY DIRECTION THAT THAT MAY OR MAY NOT BE. WE'RE, WE HAVEN'T HAD A STRAW POLL YET, UM, BE GIVEN. UH, AND THEN, UM, ANY OTHER QUESTIONS OR COMMENTS? CAN WE INCLUDE JUST PAST DATA OR PROJECTS WHERE THIS HAS BEEN A MAJOR ROADBLOCK AND JUST UNDERSTAND A LITTLE BIT MORE ABOUT THRESHOLDS, WHAT THRESHOLD MAY OR MAY NOT MAKE SENSE TO CONSIDER? I'M, I'M ALL FOR STRIKING IT, BUT I THINK I WOULD APPRECIATE MORE CONTEXT AND JUST A BIT MORE HISTORY. YEAH, WE CAN, WE CAN DO THAT. UM, I THINK WHAT I HAD MENTIONED AT THE STUDY SESSION WAS, IT'S A LITTLE MORE COMPLICATED. I MEAN, IT'S, I DON'T KNOW IF I COULD POINT TO A SPECIFIC PROJECT AND SAY THAT PROJECT DIED BECAUSE OF THE INCLUSIONARY, BUT WHAT I CAN DO IS WE HAVE A LIST OF PIPELINE PROJECTS, UM, AND PROVIDE A STATUS ON EACH OF THOSE AND JUST KIND OF RUN THROUGH THOSE, UM, YOU KNOW, IF, IF THAT HELPS. SURE. UH, I'D LIKE TO SAY THAT WOULD BE VERY HELPFUL, BRIAN. AND I KNOW THAT, THAT WE'RE UNDER THE GUN TO, TO DO A LOT OF WORK BETWEEN NOW AND THE 23RD WHEN THIS PHASE ONE HAS TO BE, UH, PUBLISHED AGAIN. UM, AND THAT'S, UH, UH, EIGHT DAYS FROM NOW, I GUESS. UH, SO YEAH. UM, AS PART OF THE STRAW POLL, I WOULD, I WOULD ALSO LIKE TO UNDERSTAND HOW SUCH A SUSPENSION IS CONSISTENT WITH THE HOUSING ELEMENT. UM, AND YOU KNOW, I AGREE THAT, THAT WITH COUNCIL MEMBER BARN'S POINT THAT THAT WE NEED TO BE ALL GAS AND NO BREAKS ON GETTING THE AFFORDABLE HOUSING, UM, MOVING, UH, YET, YOU KNOW, DOES, DOES THAT MEAN THAT THAT WE'RE, YOU KNOW, ACTUALLY HITTING A PAUSE ON, ON ANYTHING OR I, I DON'T KNOW. YOU KNOW, I'M TRYING TO UNDERSTAND HOW THIS, THIS IS GONNA GET US TO, UM, MORE AFFORDABLE HOUSING IF WE'RE WE'RE SUSPENDING, YOU KNOW, UH, INCLUSIONARY, UH, YOU KNOW, AS SOMEONE WHO ACTUALLY LIVES IN INCLUSIONARY HOUSING RIGHT NOW, YOU KNOW, THIS IS AN IMPORTANT POLICY, UH, FOR PEOPLE. UM, I JUST REALLY WANNA UNDERSTAND WHAT IMPACT THIS, THIS COULD HAVE ON OUR LEGAL OBLIGATIONS [02:30:01] AND, AND ALL THAT. UM, SO WITH THAT, I THINK, I THINK STAFF HAS A GOOD DIRECTION ON WHAT THE STRAW POLL IS. WE DO CERTAINLY. ALRIGHT. UM, MM-HMM . UH, SO WITH, WITH, WITH THAT UNDERSTANDING, ARE WE GOOD WITH WHAT OUR STRAW POLL IS FOR THIS RECOMMENDATION AND REQUEST TO STAFF? WHAT IS IT? CAN YOU JUST STATE IT? UM, IT IS TO, UH, EVALUATE THE, UM, WHAT A MORATORIUM ON INCLUSIONARY HOUSING, UH, WOULD BE IN ITS CONSISTENCY ALSO WITH THE, UM, THE HOUSING ELEMENT. UM, COMMISSIONER, UM, EBNER POINTED OUT YOUR POINT ABOUT, COULD YOU HELP RESTATE YOUR POINT? I THINK SOME EXISTING PROJECT DATA AND THRESHOLDS YEAH. SOME, SOME UNDERSTANDING OF, OF HOW IT'S BEEN YEAH. UH, BEEN IMPLEMENTED SO FAR. UM, AND THEN, UH, RETURNED WITH THAT ON, ON OUR 29TH MEETING AS PART OF SOME, UM, THAT, THAT PHASE. YES. AND JUST, UM, STANDARD TO ANY, YOU KNOW, GOOD PRODUCT THAT WE WOULD WANNA PRODUCE AND PUT FORWARD FOR CONSIDERATION, UH, DOING THE DEEP DIVE IMPACT TO HOUSING ELEMENT LEGAL, ET CETERA. OKAY. UM, OKAY. SO STR POLL. YES. THAT'S THE DIRECTION WE WANT THEM. YEP. YEP. OKAY. GOOD. UM, CHAPTER THREE, DO WE HAVE ANY OTHER, UM, DECISION POINTS IN CHAPTER THREE? I THINK, UH, CHAIR, I'D JUST LIKE TO SHARE AND CONFIRM AGAIN THAT, UM, WE ARE GOING TO PROCEED WITH BRINGING THE ALLOWANCE FOR SITE PREPARATION GRADING PERMITS, UH, BUILDING PERMITS TO BE ISSUED PRIOR TO PLANNING ENTITLEMENTS, UH, AS DRAFTED IN 3.020. UM, THE SECOND IN 3.030 THAT THE HIGHEST PERMIT ON A LOT GOVERNS. HOWEVER, IF THERE IS HOUSING IN THE PROJECT, HOUSING WOULD SIT SEPARATELY FROM THAT HIGHEST PERMIT REQUIREMENT. UM, AND THEN THAT WOULD DO IT FOR CHAPTER THREE. SO JUST A CONFIRMATION ON THOSE AND WE'RE GOOD. PERFECT. THANK YOU. ALRIGHT, WE ARE INTO CHAPTER FOUR. UH, CHAPTER FOUR I THINK IS, UH, REALLY FOR US TO COME BACK ON THE 29TH, UH, WITH SOME ADDITIONAL DETAILS OF COURSE, SUPPORTING AND TRANSITIONAL HOUSING, UH, WILL BE ALLOWED AND, AND CODED INTO THE ALLOWABLE LAND USE TABLES. UM, I THINK WE NEED TO DO A BIT OF A FOCUS DIVE THAT THE, THE QUESTION ABOUT WHERE IT GOES. SO, UM, IN EVERY RESIDENTIAL AND MIXED USE ZONE IS, IS PRETTY, UM, LOGICAL AND FOLLOWS FROM WHAT YOU WOULD, YOU WOULD THINK WOULD BE INTENDED FOR LOCATIONS FOR, UH, TRANSITIONAL AND SUPPORTIVE HOUSING. THE CHALLENGE IS WHEN WE GET INTO OUR COMMERCIAL AND OUR INDUSTRIAL ZONES, UM, WHERE WE PERMIT A CARETAKER HOME OR A CARETAKER DWELLING BY, RIGHT? UH, IT'S A CARETAKER DWELLING IS DESCRIBED IN OUR INDUSTRIAL ZONES AS, UH, A SINGLE HOUSING UNIT FOR SOMEONE WHO LIVES ONSITE AND PROVIDES SECURITY FOR THAT, THAT INDUSTRIAL DEVELOPMENT OR BUSINESS PARK DEVELOPMENT BECAUSE THAT CARETAKER DWELLING IS PERMITTED BY RIGHT. THEN THAT OPENS US UP TO REQUIRING ALL OF THE OTHER USES ASSOCIATED WITH, UM, PERMITTED RESIDENTIAL USES TO BE PERMITTED AS WELL. SO SUPPORTIVE HOUSING, UM, CHILD DAYCARE, HOME, YOU KNOW, LARGE AND SMALL FAMILY AND SO FORTH. SO I THINK WHAT I'D LIKE TO DO, WE'VE ALREADY DRAFTED IN THAT WAY, BUT, BUT BRING IT BACK IN A MORE FOCUSED DECISION FOR THE COMMISSION TO TAKE UP IF THEY WANT TO CONTINUE TO, UM, SUPPORT THAT CARETAKER HOME AS A PERMITTED RESIDENTIAL USE IN OUR BUSINESS PARK AND INDUSTRIAL DISTRICTS. ARE THERE ANY QUESTIONS OR COMMENTS FROM COMMISSIONERS ON THIS ITEM? I'M JUST CURIOUS IF CHAPTER FOUR IS WHERE SHOULD WE SHOULD TALK ABOUT DATA CENTERS OR JUST 'CAUSE IT'S IN THE TABLE AND, UM, SURE. WE CAN DO YEAH, ABSOLUTELY. WE CAN GO AHEAD AND DO THAT. AND I PULLED UP, I, I, UM, PULLED OUT THE DEFINITION OF DATA CENTERS AND PUT [02:35:01] IT INTO A SEPARATE DOCUMENT SO THAT WE CAN, UH, LOOK AT IT AND PERHAPS DO SOME EDITING. IF, IF YOU WANT, WE CAN GO AHEAD AND HEAD THAT WAY. I HAVE A COUPLE GENERAL QUESTIONS THAT CAME UP IN JUST SOME OF THE PRESENTATION SLIDES. WE CAN START WITH DATA CENTERS OR MAYBE HANDLE THAT BEFORE WE JUMP. YEAH. UM, DATA CENTERS RIGHT NOW. I'M SORRY, I'M SAYING LET HER GO FIRST AND LET DATA GENERAL QUESTIONS ON CHAPTER FOUR SLIDES FIRST. OH YEAH, DEFINITELY. UM, OKAY. I GUESS THE FIRST QUESTION I HAD WAS ABOUT THE A DU AND JUNIOR A DU SECTION OF, I THINK ONE OF THE SLIDES THAT WAS PRESENTED MM-HMM . UM, JUST THAT THERE WAS A, A THIRD BULLET NOTE THAT, UM, LISTED, UH, A DU NOT COUNTED WHEN A BUILDING IS CLASSIFIED BY TYPE. AND I WAS JUST CURIOUS TO GET A LITTLE BIT MORE INFORMATION FROM STAFF ON HOW THE TYPES AND THE DEFINITIONS OF BUILDING TYPE HAS MAYBE AFFECTED, UM, SOME DEVELOPMENT STANDARDS FOR THINGS LIKE A DU OR OTHER RESIDENTIAL DEVELOPMENT STANDARDS. I THINK THERE WAS ALSO A NOTE 31 IN, UH, THAT WAS A, A NOTE, UH, FOR THE TABLES 4.1 THROUGH 4.4 THAT WAS A LITTLE CUT OFF, BUT IT HAD RESIDENTIAL TYPE DEFINITIONS THERE. SO JUST A LITTLE BIT MORE INFORMATION ON ALL OF THAT MIGHT BE HELPFUL FOR SURE. SO WHAT WE'RE TRYING TO DO THERE IS, IS IT'S, IT'S INTERESTING BECAUSE THE CURRENT ENVIRONMENT IS THAT, UH, ADUS OR JDU DON'T COUNT TOWARDS A DENSITY CALCULATION. AND THAT'S, THAT'S CLEAR AT THE STATE LEVEL THAT, UM, THAT'S THE CASE. HOWEVER, THEY HAVE BEEN COUNTING TOWARDS THE CITY'S RENA, UM, ATTAINMENT FIGURE. SO THE RIGHT THERE, WE SORT OF HAVE AN, HAVE A SPLIT. WE DON'T TREAT IT LIKE A DWELLING UNIT FOR DENSITY PURPOSES, BUT WE DO TREAT IT LIKE A DWELLING UNIT FOR OUR ARENA REPORTING PURPOSES. WHAT THE GENERAL PLAN SAYS THEN IS THAT WE WOULD, WE, WE NEED TO ALLOW UP TO FOUR UNITS, TOTAL UNITS ON A 3000 SQUARE FOOT PARCEL, INCLUDING ADUS AND JADU. SO WHAT WE'RE DOING THERE THEN IS, IS LOOKING AT THOSE UNITS COUNTING AS UNITS EFFECTIVELY TO FULFILL THAT, UH, GENERAL PLAN ACTION. SO THAT'S WHAT, THAT'S WHY WE'RE BRINGING THOSE INTO THE CONVERSATION BECAUSE WE DO THEN THROUGH THE GENERAL PLAN, WE DO TREAT THEM DIFFERENTLY. THEY STILL WOULDN'T BE COUNTED TOWARDS DENSITY PURPOSES BECAUSE THAT, THAT FOUR UNITS ON A 3000 SQUARE FOOT LOT ISN'T A DENSITY MEASURE. IT'S SIMPLY AN OUTRIGHT UM, ALLOWANCE. DOES THAT HELP? YEAH, I THINK SO. AND THERE'S NO INSTANCES OF CONFLICTING DENSITY VERSUS TYPE, NO DWELLING TYPE? NO. THERE WOULDN'T BE. NO. MM-HMM. OTHER QUESTIONS OR COMMENTS? IF I HAVE A QUESTION, UM, FOR ONE OF THE, UH, DISCUSSION ITEMS HERE, IT'S ABOUT SHOULD CHAPTER FOUR, CANNABIS AND ADULT BUSINESS SEPARATION NOTES REACH, UM, CI IS THAT THE MAKER MAKER, RIGHT? THAT'S CORRECT. AND I THINK, UH, YOU HAD, HEATHER, DIDN'T YOU HAVE A QUESTION ON, YOU HAD A QUESTION ON MAKER ABOUT ADULTS CARD ROOM AND YES. AND ALCOHOL, BUT THAT DIDN'T INCLUDE CANNABIS, RIGHT? CANNABIS DOES NOT HAVE ITS OWN CHAPTER. AND WE DID INCLUDE IT IN THE MAKER MICRO CHAPTER. LET ME GET TO THING, AND THAT'S A QUESTION PRESENTED TO US TOO, IF IT SHOULD BE ALLOWED IN IN MAKER MICRO. YEAH, I THINK, UM, PROVISIONALLY IT SAYS, YEAH, SO PROVISIONALLY, WE DID INCLUDE IT AS UNDER MINOR USE PERMIT. UM, AND AGAIN, THAT MINOR USE PERMIT IS REALLY JUST INTENDED TO MAKE SURE THAT PEOPLE ARE COMPLYING WITH THE OTHER PERMITS THAT ARE NEEDED FROM THE CITY. AND SO IT DOES A, A COMMERCIAL CANNABIS BUSINESS OTHERWISE AUTHORIZED BY THE PETALUMA MUNICIPAL CODE AND CITIES PERMIT REGULATIONS AND, UM, THAT HAS A CITY, ALL CITY AND STATE LICENSES. WOULD WE INTERPRETED THAT AS BEING ALLOWED WITH A MINOR USE PERMIT? I I'M JUST CONFUSED WHY THIS IS COMING UP IN CHAPTER FOUR AND NOT DURING OUR DISCUSSION IN CHAPTER 20. WHY IS THAT COMING UP IN CHAPTER FIVE? I DON'T KNOW. , I MEAN, THIS SLIDE 33, I, [02:40:02] I'M SORRY, I'M, I'M CONFUSED BY OUR, THE REQUEST FOR OUR DISCUSSION. CAN YOU PULL UP SLIDE 33? LET'S SEE. I'M NOT SURE WHY. NOTHING'S, UM, HANG ON JUST A MOMENT. HERE. HERE. THAT'S JUST WHAT I'VE GOT. LET'S TRY RE SHARING. OH, THERE WE GO. DID I PASS IT AS IT'S GETTING TEED UP? THERE WE GO. I WOULD IMAGINE. SO I'M LOOKING AT IT NOW AT CHAPTER FOUR. I MEAN, THIS SORT OF BLENDS CHAPTER FOUR WITH THE PROPOSED CHAPTER 29 FOR MAKER MICRO BUSINESS. RIGHT. SINCE WE'RE ON THE TOPIC OF PERMITTED USES, I SUSPECT THAT'S WHY IT'S PART OF THIS DISCUSSION. THAT'S IT. RIGHT? RIGHT. SO WE INTRODUCED THE, THE MAKER MICRO ZONE WAS INTRODUCED IN CHAPTER FOUR BECAUSE WE WANTED TO SHOW IT WITHIN THE CONTEXT OF THE ALLOWABLE LAND USES, BUT THEN WE MOVED FORWARD IN THE PRESENTATION AND ISOLATED IT AS ITS OWN CHAPTER. OKAY. SO WE WILL ADDRESS THIS PARTICULAR QUESTION WHEN WE REACH CHAPTER 29. IS THAT SURE. THAT WOULD BE THE PREFERENCE, YES. OKAY. YEAH. DO WE HAVE, WHAT, WHAT GUIDANCE DO YOU NEED FROM US IN CHAPTER FOUR? THE TABLES, RIGHT? ARE WE JUST APPROVING THE TABLES OR IS THERE A SPECIFIC QUESTION THAT IS, THAT IS CALLED NO, THE, THE TABLES WILL COME BACK ON THE 29TH. OKAY. SO WE DIDN'T HAVE ANY QUESTIONS ABOUT, SO YOU DON'T WANT ANY QUESTION, YOU DON'T WANT ANY FEEDBACK ON THE TABLES OR QUESTIONS OR ANYTHING LIKE THAT? WELL, WE CAN TAKE SURE. IF YOU HAVE QUESTIONS FOR STAFF AND WANT TO PROVIDE FEEDBACK, THAT'S GREAT. I, I DO. PLEASE. UM, SO I APPRECIATE THE WORK TO, UM, MOVE AWAY FROM CS, UM, THAT I, UH, UM, THE COMMENT FROM THE BROKER WHERE THEY SAID THREE OR FOUR, UM, WAS THERE ANY ADDITIONAL LEVEL OF DETAIL THAT WE GOT INTO THAT SAID LIKE, YOU KNOW, SPECIFICALLY THESE TYPES OF USES ARE THINGS THAT WE SEE OFTEN THAT, THAT SORT OF DON'T MATERIALIZE BECAUSE THERE'S A CUP OR ANYTHING LIKE THAT. I JUST WANNA MAKE SURE THAT, TO THE EXTENT, TO THE EXTENT THAT WE UNDER, YOU KNOW, DUG UNDER THE HOOD A LITTLE BIT ON THAT SORT OF LIKE EYE POPPING COMMENT QUESTIONS. THANKS, COUNCILMAN. UH, I, I'LL START THAT AND IF NANCY WOULD, WOULD LIKE TO, I DON'T WANNA PUT HER ON THE SPOT. UM, WE DID LOOK UNDER THE HOOD, DO THE DEEP DIVE. UM, AND SO WHAT IS BEFORE YOU AS THAT ATTACHMENT IN THE TABLE IS REFLECTIVE? WE'VE MADE SOME CHANGES IN THE RED TEXT, UM, AS, UH, THE ONES THAT I WOULD SAY, YOU KNOW, COME UP THE MOST, THE ONES THAT THE BROKERS, UH, RECOMMENDED THAT WE CONSIDER. AND SO IT IS INCORPORATED THERE. BUT I SEE NANCY KNOWING I WOULD GO WITH THAT , NANCY SANDS, UH, ECONOMIC DEVELOPMENT. UM, AND I WOULD JUST PIGGYBACK ON, ON WHAT BRIAN WAS SAYING. WE WORKED REALLY CLOSELY, UM, WITH THE TEAM TO, IN THE LAST COUPLE OF WEEKS, UM, GOING THROUGH THE, UM, THE TABLE PULLING THINGS OUT, THAT, AND HIGHLIGHTING THEM BASED ON WHAT OUR ANECDOTAL EXPERIENCE, UM, INPUT FROM THE BROKERS, OUR MEETING WITH THE BROKERS. SO I FEEL LIKE THIS PRETTY ACCURATELY REFLECTS OUR INPUT, UM, TO THE EXTENT THAT WE ARE ABLE TO INCORPORATE IT INTO THIS PARTICULAR PHASE. GREAT. THANK YOU. UM, I JUST WANTED TO CONFIRM THAT I FIGURED IT WAS, UM, SO ON THE RESIDENTIAL, UM, THERE WAS A COUPLE OF USES THAT I WANTED TO ASK ABOUT. UM, I THINK IT WAS ON LIKE INDOOR RECREATION OR SOMETHING LIKE THAT, UM, IN RESIDENTIAL. AND I'M THINKING OF LIKE PEOPLE WHO HAVE, YOU KNOW, THEIR GARAGE IS LIKE DECKED OUT AS A FITNESS CENTER AND THEN THEY TEACH CLASSES THERE. UM, THAT'S NOT, LIKE, THAT BASICALLY WOULD BE A NON-CONFORMING USE, IS THAT [02:45:01] MY UNDERSTANDING OF IT? LIKE A HOME GYM THAT THEY TEACH, YOU KNOW, PERSONAL TRAINING ON. 'CAUSE I KNOW A FEW PEOPLE WHO ACTUALLY HAVE DONE THAT MM-HMM . AND NOW THEY'VE GRADUATED OUTTA THEIR GARAGE AND THEY'RE ACTUALLY, YOU KNOW, HAVE STUDIOS AND, AND SO IT'S BEEN SORT OF LIKE AN, AN INCUBATOR BUSINESS TYPE OF THING TO BE LIKE WORKING OUTTA YOUR HOME TYPE OF THING. WELL, I THINK THAT, THAT, THAT WOULD FALL UNDER HOME OCCUPATION. IT WOULD LOOK AT THE FREQUENCY OF VISITORS OR CLIENTS, UM, VISITING THE SITE AND SUCH, ENSURING THAT THERE'S PARKING AND SO FORTH. BUT, BUT THAT COULD CERTAINLY HAPPEN IN A, IN A RESIDENCE THROUGH A HOME OCCUPATION PERMIT. OKAY. SO, UM, COUNCIL MEMBER BARNACLE, CAN I, IF I CAN JUST ADD THAT INDOOR RECREATION, AND I'M GONNA LEAN ON OUR PLANNING STAFF TOO. UM, THINGS LIKE ESCAPE ROOMS, UM, THOSE ARE THE KINDS OF THINGS THAT HAVE COME UP MORE RECENTLY WHERE THE PRIOR IMPLEMENTING, YOU KNOW, IZO JUST DIDN'T REALLY HAVE THAT, YOU KNOW, A A FLESHED OUT. SO, AND THIS IS WHERE THE, THE IDEA OF FLEXIBILITY. SO, SO AS WE PROCEED ON AND SEE NEW, NEW U NEW USES, UM, IN DIFFERENT PLACES, WE WANNA HAVE A LITTLE BIT OF FLEXIBILITY. BUT I WOULD SAY AN INDOOR RECREATION, IF YOU WERE TO SAY INDOOR RECREATION, FOR ME, THAT WOULD BE LIKE AN ESCAPE ROOM, A JUMP JUMPY CENTER, UM, FOR A KID. UM, A, UM, UH, I, I DON'T KNOW, I CAN'T REMEMBER IF WE WERE CONSIDERING BATTING CAGES AS AN INDOOR RECREATION USE. UM, SO THAT, THOSE ARE THE KINDS OF THINGS FOR INDOOR RECREATION. AND TO YOUR POINT, IF SOMEONE'S DOING SOME YOGA, ONE-ON-ONE PERSONAL TRAINING IN A HOME, IN THEIR HOME, THAT WOULD BE PROCESSED THROUGH A HOME OCCUPATION PERMIT AND THAT THAT WOULD BE, UM, WEIGHED AGAINST WHAT THE REGULATIONS WOULD, UM, WOULD BE, UM, SET FORTH FOR A HOME OCCUPATION, IF THAT'S HELPFUL. IT IS. THANK YOU. APPRECIATE THAT. UM, SO THEN, UM, LET'S SEE HERE. THERE'S A COUPLE OF THINGS WHERE LAUNDRY AND PRINTING AND PUBLISHING USES ARE NOT ALLOWED IN SOME OF THE, UM, IN SOME OF THE COMMERCIAL USES AND MIXED USE USES. AND I'M JUST WONDERING WHAT THE PURPOSE OF THAT IS. IT FEELS LIKE LAUNDRY SHOULD KIND OF BE ALLOWED ANYWHERE BECAUSE LIKE ANYWHERE WHERE PEOPLE ARE, IT'S LIKE A, AN IMPORTANT SERVICE. UM, SO CAN YOU JUST EXPLAIN A LITTLE BIT ABOUT THAT? WE WOULD JUST, I, I WOULD JUST NEED TO GO BACK AND REVISIT THAT AND COME BACK TO YOU ON THE 29TH. OKAY. I'LL, I'LL JUST GIVE SOME FEEDBACK. LAUNDRY VEHICLE SERVICES, APPLIANCE, SMALL VEHICLE SERVICES IN PARTICULAR, UM, THE PRINTING AND PUBLISHING, SPORTS AND ENTERTAINMENT, THOSE WERE THE ONES THAT SORT OF LIKE JUMPED OUT AT ME AS LIKE THINGS THAT, UM, MAY, LIKE, MAY BE PERMISSIBLE IN, UM, A WIDER ARRAY OF, UH, LAND USE DESIGNATIONS. UM, AND THEN, UM, THE OTHER ONE WAS THE, UH, BARS IN BUSINESS PARKS AND THINGS LIKE THAT. UM, AND THEN MAKER MICRO, I GUESS, ARE WE NOT TALKING ABOUT THAT? WE'RE TALKING ABOUT THAT IN, IN CHAPTER 29, EVERYTHING MAKER MICRO IS GONNA BE INTERRUPTED. NO. WHAT WAS THE LAND USE? UH, LIKE SOME, SOME OF THE BUSINESS PARKS AND THINGS LIKE THAT, YOU KNOW, LIKE, UM, IN PARTICULAR, I'M THINKING MAKER MICRO BUSINESS. MM-HMM . UM, AND, UM, LIKE FOR EXAMPLE, IF, UM, YOU KNOW, THE, THE OUTLET MALLS, IF WE'RE TRYING TO ACTIVATE THAT SPACE WITH A WHOLE, YOU KNOW, NEW ACTION CENTER AND THINGS LIKE THAT, SOMEPLACE WHERE, YOU KNOW, LIKE IF, UH, THERE'S RECREATION THERE, THERE'S GONNA BE, YOU KNOW, PERFORMING ARTS AND THINGS LIKE THAT. UM, HAVING PLACES WHERE YOU CAN GO SIT DOWN AND HAVE A GLASS OF WINE BEFORE THE PERFORMING ARTS CENTER OR, UM, YOU CAN GO GRAB A SANDWICH AND A BEER WHILE YOUR KID PLAYS PAINTBALL OR SOMETHING LIKE THAT. LIKE ANY, LIKE, IT JUST FEELS LIKE CREATING MORE LIKE DIOCESE, YOU KNOW, LIKE, UM, I DON'T UNDERSTAND WHY WE'RE PROHIBITING IT, I GUESS. SURE. WELL, [02:50:01] I, UH, SO THE OUTLET MALLS IS A GOOD EXAMPLE. AND I THINK THEY'VE BEEN DOING, UM, A, A PRETTY SOLID JOB OF CONVERTING SOME OF THEIR SQUARE FOOTAGE. IT ISN'T A PUD. AND SO THE, THE LAND USES ARE RESTRICTED WITHIN THAT PUD AND IT HAS A REQUIREMENT THAT THE OUTLETS HAS TO MAINTAIN 70% OF THEIR OVERALL SQUARE FOOTAGE AS RETAIL SPACE. SO, UH, YOU KNOW, IT IS DESIGNATED MAKER MICRO, AND, UH, WITH THE ESTABLISHMENT OF THAT LAND USE DESIGNATION AND ZONING, THEY MIGHT WANT TO, UH, SHIFT OVER TO THE MAKER MICRO ZONE TO BE ABLE TO GAIN MORE FLEXIBILITY OUTSIDE OF THEIR PUD. SO, SO THAT'S, THAT'S A SCENARIO SPECIFIC TO THE OUTLET MALL. AND I THINK THEY DO HAVE, THEY'VE GOT, UM, UH, I THINK THEY'VE GOT A PERFORMING ARTS CENTER THERE NOW, SMALL SCALE PERFORMING, RIGHT? YEAH. AND THEN I, YEAH, AND THEN I THINK THEY'VE GOT A COUPLE OF STUDIOS, DANCE STUDIOS, THINGS LIKE THAT. UM, SO AGAIN, THEY'RE, THEY'RE DOING A GREAT JOB AT DIVERSIFYING, BUT THEY'RE GOING TO HIT THAT THRESHOLD. WHEN WE GET INTO THEN BUSINESS PARKS, IT BECOMES A BIT OF A DIFFERENT, UM, EQUATION THAT WE'RE LOOKING AT BECAUSE THERE WE'RE CONCERNED ABOUT THE CONVERSION OF THAT PRODUCTION SPACE THAT'S IN OUR BUSINESS PARKS TOWARDS A MORE SERVICE ORIENTED USE. AND I THINK NANCY, IF YOU WANT TO TALK ABOUT THAT, UH, BRIEFLY, HOW WE THINK ABOUT JUST DEMAND FOR THE, THE BUSINESS PARK AND INDUSTRIAL USES FOR PRODUCTION ACTIVITY VERSUS, UM, MORE SERVICE, UH, TYPES OF USES. SURE. UH, AND, AND WE TALKED ABOUT IN THIS, IN OUR LAST, UM, PLANNING COMMISSION MEETING WHERE WE DO, OR WE'RE WORKING REALLY HARD TO PRESERVE THE, THE, AS ANDREW MENTIONED, THE PRODUCTION, UM, FACILITIES, UH, LIGHT TYPE OF MANUFACTURING. AND, AND ALSO TO YOUR POINT ABOUT BARS IN, UM, BUSINESS PARK, AND CORRECT ME IF I'M WRONG, IT'S HARD TO KEEP ALL THE THINGS, UM, YOU KNOW, EVEN RIGHT, BECAUSE IT'S A LOT OF DIFFERENT MOVING PARTS. BUT, UM, WE DO WANNA SUPPORT PORT, UH, WHERE YOU WOULD HAVE, WOULD HAVE LIKE A, UM, A PRIMARY BUSINESS WHERE THEY WERE MAKING SOMETHING AND THAT HAD ALCOHOL IN IT, AND THEN THEY HAD A TASTING ROOM, RIGHT? SO THAT'S A SLIGHT, THAT'S SLIGHTLY DIFFERENT THAN A BAR OR A TAVERN. AND, UM, BUSINESS PARKS ARE DESIGNED TO BE, OR HAVE BEEN DESIGNED TO BE MORE SUPPORTIVE OF, UM, BUSINESS ENDEAVORS VERSUS HAVING, UH, A, A, A SPECIFIC BAR OR TAVERN. SO WHILE YOU HAVE A, WOULD HAVE A RESTAURANT, UM, OR DELI IN THAT BUSINESS PARK AREA, UM, HISTORICALLY WE, WE HAVEN'T SEEN, SEEN THE NEED FOR A BAR OR TAVERN, BUT THERE HAVE BEEN PRODUCTION TYPE OF FACILITIES THAT HAVE THEN, UM, HAD TASTING ROOMS AFFILIATED WITH, WHICH, WHICH WOULD BE THAT TASTING ROOM KIND OF COMMUNITY GATHERING PLACE THAT WOULD INCLUDE ALCOHOL. SO, UM, ANDREW, I'M NOT SURE IF THAT THAT ADDRESSED THE, REALLY ADDRESSED THE QUESTION BRIAN WANTS TO ADD ON TO THAT. UH, JUST TO ADD TO NANCY'S POINT, I MEAN, SO WE ARE PROPOSING TO HAVE THE OPTION OF BAR TAVERN IN MORE ZONING DESIGNATION. SO BUSINESS PARK, UM, IS ONE WHERE WE ARE PROPOSING TO ADD THAT, UH, BREWERIES, ET CETERA. LET ME GET THE LANGUAGE BREWERIES, DISTILLERIES AND WINERIES, UM, ALSO TO BE PERMITTED IN AG INDUSTRIAL BUSINESS PARK WITH A MINOR USE PERMIT IN THE COMMUNITY COMMERCIAL, UM, IN RECOGNITION THAT, UH, ESPECIALLY HERE IN SONOMA COUNTY REGIONALLY, UM, YOU KNOW, IT'S WHAT WE FIELD ON THE BUSINESS CONCIERGE SIDE. AND SO HOPEFULLY THAT'S REFLECTIVE OF, UM, UH, WHAT THE COMMUNITY WANTS TO SEE. CAN I JUST FOLLOW UP? QUICK QUESTION ON THAT. HOW DOES A TASTING ROOM FIT IN? WOULD IT BE BAR TAVERN, NIGHTCLUB, OR WOULD IT BE BREWERY DISTILLERY WINERY? MY LAPTOP DECIDED TO DO THE UPDATE. SO UNLESS SOMEONE HAS A QUICK ANSWER, UM, IF WE DON'T HAVE A SEPARATE DEFINITION OF TASTING ROOM, WE DO, I CAN ANSWER THAT. THERE IS A SEPARATE ROOM TASTING ROOM DEFINITION. I'M NOT SEEING THAT IN THE CHAPTER FOUR TABLE IN ATTACHMENT EIGHT C. IT'S ACTUALLY IN THE ALCOHOL ESTABLISHMENTS [02:55:01] CHAPTER AND YEAH. GREAT. . SO, SO THAT'S A PHASE TWO, THAT'S A PHASE TWO, WHICH IS WHY, WHICH IS WHY I KNOW, BECAUSE I WAS LOOKING AT IT. SO, SO IT'S 8.035. OKAY. UM, COUPLE OTHER QUESTIONS. UM, SOME OF THE OTHER THINGS THAT WE'RE DOING HERE IS, UM, ADDING THE ANCILLARY USE TO THESE THINGS. ARE WE ACCOMPLISHING SOME OF WHAT WE'RE TRYING TO DO WITH THE MAKER MICRO IN OUR BUSINESS PARK BY ALLOWING ANCILLARY USES WHERE, UM, LIKE I GUESS WHEN I HEAR HERITAGE SALVAGE COULDN'T FIND A PLACE BECAUSE THEY COULDN'T DO THIS OR THEY COULDN'T DO THAT, BUT LIKE NOW WE'RE LIKE ENCOURAGING ANCILLARY USES INSTEAD OF LIKE REGULATING THEM SO HEAVILY, RIGHT? LIKE THAT'S ONE OF THE BIG CHANGES THAT WE'RE MAKING. SO, UM, ARE WE, ARE WE SAYING RIGHT NOW IN, IN THIS, THIS ZONING CODE UPDATE? LIKE I HAVE A COUPLE QUESTIONS. I I LOVE USING EXAMPLES AS YOU KNOW, SO HERITAGE SALVAGE, UM, I'M GONNA ASK WHEN WE GET TO CHAPTER 29, LIKE WHERE ARE THEY ON THE THRESHOLD? RIGHT? UM, THAT'S GONNA BE ONE OF MY QUESTIONS. THE OTHER QUESTION I HAVE IS JUST LIKE, ARE THERE ANY OF THESE LAND USE DESIGNATIONS THAT WE HAVE IN HERE NOW WHERE THEY WOULD ACTUALLY WORK? OR ARE THEY ONLY MAKER MICRO NOW? UM, BECAUSE IT FEELS LIKE, UM, THERE SHOULD BE MORE THAN JUST A, A SMALL HANDFUL OF LAND USE DESIGNATIONS WHERE THAT, LIKE, WHERE A BUSINESS LIKE THAT COULD OPERATE IN OUR CITY, IT DOESN'T, IT DOESN'T FEEL LIKE WE SHOULD, LIKE, OUR ZONING CODE SHOULDN'T FACILITATE THAT. RIGHT. SO, UM, IT FEELS LIKE IT'S JUST A MATTER OF ADDING ANCI, LIKE ALLOWING ANCILLARY USES AND, YOU KNOW, CROSSING. BUT I, THIS IS, I'M NOT AN EXPERT ON THIS, SO PLEASE HELP ME UNDERSTAND. WELL, I, I WOULD SAY THAT AS A GENERAL RULE, THE MAKER MICRO IS TAKING ALL OF THE USES FROM BOTH BUSINESS PARK AND INDUSTRIAL AND BRINGING THEM TOGETHER AND THEN ADDING COMMERCIAL ONTO IT. SO IT IS FAR MORE EXPANSIVE THAN BUSINESS PARK OR INDUSTRIAL. UM, IT, IT, IT REALLY IS PRETTY AGNOSTIC. UM, IT JUST SPANS ACROSS, UM, A MAJORITY OF THE NON-RESIDENTIAL USES. AND I THINK THAT, YOU KNOW, IT, THIS IS A, IT'S A, IT'S A NEW APPROACH, RIGHT? IT'S A NEW APPROACH TO HOW WE THINK ABOUT REGULATING THE USE OF LAND WITHIN THAT LAND USE DESIGNATION AND, AND DOING IT FOR SEVERAL REASONS. ONE IS ABOUT THE LOCATION OF THE LAND, THE OTHER'S ABOUT, YOU KNOW, POTENTIAL FOR FLOODING AND SO FORTH. UM, THE, THE, AND, AND AS AS WAS POINTED OUT IN THE PRESENTATION, WE'RE TALKING ABOUT A RELATIVELY SMALL ACREAGE, 80 ACRES, ABOUT 29 PARCELS. SO IT'S, I THINK IF WE START TO LOOK MORE BROADLY AT DOING THE SAME THING IN LARGER ZONING DISTRICTS, WE WOULD WANNA STUDY IT FIRST BECAUSE OF THE BUSINESS PARK AND INDUSTRIAL ZONING DISTRICTS WOULD BE, HAVE A GREATER IMPACT. UM, AND I THINK THAT ALSO THE, THE GOAL IS TO, TO SUPPORT THE SMALL SCALE ACTIVITIES AND AGGLOMERATIVE, UM, YOU KNOW, AGGLOMERATIONS OF ACTIVITIES THAT, THAT THRIVE CLOSE MORE CLOSELY TOGETHER. YEAH. SO I GUESS JUST, LET'S JUST USE HERITAGE SALVAGE UHHUH. SO IS IF IF HERITAGE SALVAGE ANOTHER HERITAGE SALVAGE WANTED TO COME TO TOWN, WOULD THERE BE 80 ACRES THAT THEY COULD POTENTIALLY OPERATE ON? LIKE THAT'S ONE WAY OF PUTTING IT RIGHT IN THIS, YOU KNOW, UNDER THE, WHAT WE'RE PROPOSING HERE, OR ARE, IS THERE ANOTHER PATHWAY FOR THEM? WELL, THE, THE CHALLENGE WITH HERITAGE SALVAGE WAS GIVEN THE USES THAT IT BRINGS TOGETHER, WE COULDN'T FIND ALL OF THEM IN ONE ZONING DISTRICT. THAT WAS, THAT WAS THE LIMITATION. IT WAS THAT EVERY PLACE THAT WE LOOKED WAS GOING TO REQUIRE, UM, EITHER AS EITHER A ZONING MAP AMENDMENT IN ORDER TO, TO BRING THE DISTRICT INTO ALIGNMENT, BUT THEN WE WOULD'VE HAD TO DO SOME SORT OF ZONING TEXT AMENDMENT TO CHANGE THE ALLOWABLE USES TO, TO BRING THOSE INTO THE PROJECT AS WELL. SO IF, COULD SOMEBODY COME TO TOWN AND SET UP A HERITAGE SALVAGE TYPE OF BUSINESS IN AN INDUSTRIAL ZONING DISTRICT? NO, BECAUSE WE WOULD BE CHALLENGED TO FIND ALL OF THOSE USES ALLOWED IN THE INDUSTRIAL ZONING DISTRICT. DOES THAT CHANGE WITH THIS, IT, IT, I WOULD SAY PROBABLY NOT TO THE EXTENT THAT IT WOULD SUPPORT THAT TYPE OF BUSINESS OR, OR USE [03:00:01] COMPILATION, UM, BECAUSE WE'VE BEEN LOOKING AT OUR INDUSTRIAL DISTRICTS AS, AS PERFORMING THAT, THAT PRIMARILY PRODUCTION SQUARE FOOTAGE ROLE. SO YEAH, I GUESS MY POINT IS IS LIKE, UM, IN OUR GENERAL PLAN, WE SAID WE WERE GONNA LEAN INTO OUR ARTS AND CREATIVITY MM-HMM . AND WE'VE TALKED NUMEROUS TIMES ABOUT THE NEED TO BE FLEXIBLE WITH BUSINESSES AND ALLOW THEM TO HAVE ANCILLARY USES AND ADDITIONAL THINGS. AND SO I GUESS WHEN I, LIKE, WHEN I THINK ABOUT UPDATING OUR ZONING CODE FOR SOMETHING LIKE THIS, LIKE HERITAGE SALVAGE CLEARLY FITS THE MOLD OF DIFFERENT USE, YOU KNOW, DIFFERENT USES LEANING INTO CREATIVITY, RIGHT? LIKE IF A BUSINESS LIKE THAT CAN'T COME TO TOWN AND LOOK AND FIND A PLACE, LIKE OUR ZONING CODE ISN'T IMPLEMENTING OUR GENERAL PLAN, I GUESS IS MY POINT, RIGHT? AND IF WE'VE ONLY GOT 80 ACRES OUT OF 9,000 WHERE THEY COULD POTENTIALLY LOCATE SOME OF IT IS, YOU KNOW, IN A, YOU KNOW, A FLOOD HAZARD AREA, SOME OF IT IS IN THE OUTLET MALL, LIKE, UM, WE'RE GONNA, LIKE, WE'RE GONNA STRUGGLE TO ATTRACT MORE BUSINESSES LIKE THAT, RIGHT? SO I'M SAYING, UM, I'M NOT SURE THAT OUR ZONING CODE IS, UH, ATTRACTING THAT LEVEL OF CREATIVITY, UM, OR IT'S NOT, OR IT'S, UH, NOT PREPARED TO, UM, FACILITATE THAT LEVEL OF CREATIVITY. I GUESS IF, IF I CAN JUST FLOAT A THOUGHT RELATED TO THAT. I THINK PART OF IT, THE WAY I'VE BEEN THINKING ABOUT IT AT LEAST IS YES, THERE'S IS ONLY, WHAT DID YOU SAY, 29 PARCELS THAT WE HAVE ON THE ZONING MAP CURRENTLY DESIGNATED AS AS, UM, MAKER MICRO. BUT BECAUSE IT NOW EXISTS, IF SOMEONE WERE TO COME IN THAT HAD SUCH A SORT OF UNIQUE BUSINESS THAT IT NEEDED MAKER MICRO, THERE'S AT LEAST SOMETHING ON THE BOOKS THAT THEY CAN SAY, THAT'S THE ONE THAT WORKS FOR ME. LET'S FIGURE OUT A REZONING FOR THE PARCEL THAT WORKS FOR ME, EVEN IF ONLY 29 OF THE PARCELS ON THE MAP CURRENTLY ARE THAT, THAT'S, THAT'S HOW I'VE BEEN THINKING OF IT, IS IT JUST SORT OF LIKE, PUT SOMETHING ON THE MENU THAT IS GOING TO BE, YOU KNOW, RELEVANT TO THOSE UNIQUE BUSINESSES AND GIVE THEM A PATH FORWARD TO POTENTIALLY GET, GET THE SPACE THEY NEED. THANKS. I THINK THAT DEFINITELY ADDRESSES PART OF MY CONCERN FOR SURE. UM, I, I WOULD SAY ALSO IS THAT IT IS, IT IS CHALLENGING TO THINK ABOUT ARTS AND CREATIVITY THROUGH A LAND USE LENS, RIGHT? BECAUSE, YOU KNOW, A A A, A LARGE SCALE STEEL SCULPTURE IS CREATIVE AND IS, IS ARTISTIC, BUT IT IT CAN ALSO BE A FAIRLY, UM, INTENSIVE LAND USE WHEN YOU'RE THINKING ABOUT, UM, STOR OUTDOOR STORAGE OF MATERIALS AND MAYBE YOU'RE HAVING CRANES TO BUILD YOUR SCULPTURES AND THINGS LIKE THAT. SO I THINK I, I, I HAVE GREATER CLARITY ON WHERE YOU'RE HEADED WITH, WITH YOUR QUESTION AND COMMENT NOW, AND I DO SEE THAT, FOR INSTANCE, WE DID MODIFY THE ARTISAN CRAFT PRODUCT MANUFACTURING DEFINITION TO OPEN IT UP BECAUSE WE FELT THAT IT WAS OVERLY RESTRICTIVE PREVIOUSLY, IT JUST REFERRED TO, UM, MANUFACTURING AND ASSEMBLING SMALL PROJECTS OR SMALL PRODUCTS PRIMARILY BY HAND. AND WE EXPANDED THAT TO USE LIKE SMALL MACHINERY AND THINGS LIKE THAT. SO WE'RE, WE'RE TRYING TO GET THERE, BUT I THINK WE'RE, WE'RE STILL TRYING TO UNDERSTAND HOW WE LOOSEN UP TO ENCOURAGE THAT ARTS AND CREATIVITY, BUT DO IT THROUGH THAT LAND USE LENS, WHICH MAKES THE, MAKES THE MAKER MICRO DISTRICT VERY EXCITING. UH, YOU KNOW, PERHAPS IF WE, IF WE CAN SOLVE THE MAKER MICRO, THEN THAT, THAT'LL GIVES US THE FRAMEWORK TO GO IN AND OPEN UP OUR BUSINESS PARK AND OUR INDUSTRIAL DISTRICTS AS WELL. ARE THERE ANY MORE QUESTIONS? ARE THERE ANY MORE QUESTIONS OR COMMENTS ON THIS PARTICULAR ISSUE IN CHAPTER FOUR? OR SHOULD WE TAKE UP, OR SHOULD WE MOVE ON AND TAKE UP THE MOVIE THEATER QUESTION? I'M GOOD. YOU'RE GOOD. UM, RECESS, UH, LET'S TAKE A FIVE MINUTE, UH, RECESS. UH, I, BEFORE WE LAUNCH INTO MOVIE THEATERS, I WANT TO ACKNOWLEDGE THE TIME. IT'S, UH, 10 TO 10. UM, WE MAY LOSE, UM, UH, UH, COMMISSIONER EBNER, UH, AT 11. UH, WE WILL NOT LOSE A QUORUM, UM, [03:05:01] IF, IF THAT HAPPENS. SO LET'S, LET'S TRY TO BE EFFICIENT WITH, WITH OUR CONVERSATIONS AND QUESTIONS, UH, AND LET'S, UH, LET'S GET THROUGH THIS. SO MOVIE THEATERS AS A, UM, UH, THE QUESTION IS WHAT PERMIT A MOVIE THEATER SHOULD REQUIRE, AND IN WHICH ZONES? UM, AND IT'S TEED UP ON SLIDE NUMBER 35. UH, SO, UH, ANY QUESTIONS OR COMMENTS FROM COMMISSIONERS? UM, I THINK I UNDERSTAND THE SORT OF HISTORY OF, OF HOW WE GOT WHERE WE ARE ON MOVIE THEATERS IN THE THEATER DISTRICT, UM, IN INTO 2026 AND INTO TOWARDS 2050. I THINK OPENING IT UP IS, UH, AN INTERESTING OPPORTUNITY AND MAYBE WE GET A COUPLE COOL ART HOUSE. YOU KNOW, I, I, UH, I DON'T HAVE A CLEAR SENSE OF WHAT IT OUGHT TO BE. INDOOR RECREATION COMES UP AS MAYBE AN A, A, A CONTENDER, BUT I WOULD BE OPEN TO MOVIE THEATERS BEING AN ALLOWABLE OR PER, YOU KNOW, A POTENTIAL USE ACROSS A VARIETY OF DIFFERENT ZONES. THANK YOU. UH, COMMISSIONER MOSES, ANY, UH, OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS ON THIS PARTICULAR ITEM? UH, THE, THE CHAIR, UH, HAS A QUESTION. UM, I GUESS I CAN REFER MYSELF, UH, AND THE THIRD PERSON I DON'T KNOW, , UM, AT 10 O'CLOCK I CAN. UM, SO COULD YOU PLEASE CLARIFY IF, IF A MOVIE THEATER DOES NOT HAVE A COP, UM, WHAT DOES IT MEAN IF THE MOVIE THEATER HAS HAS AN ANCILLARY USE OF BEER AND WINE SALES, UM, WOULD THAT TRIGGER A CUP? THAT'S A GOOD QUESTION, , BECAUSE WE'D HAVE TO THE, IT WOULDN'T IF IT WAS CONSIDERED A FULL SERVICE RESTAURANT. AND TYPICALLY WE LOOK AT THE MENU OF OFFERINGS, AND NOW WE THINK ABOUT MOVIE THEATERS AND THEY'RE OFFERING, THEY'RE OFTENTIMES OFFERING A VARIETY OF FOOD, YOU KNOW, SO LIKE FOR INSTANCE, I THINK, UM, IF WE THINK ABOUT RIALTO AND SEBASTOPOL, RIGHT? UH, THEY HAVE A FAIRLY ROBUST MENU OFFERING AND THEY OFFER ALCOHOLIC BEVERAGES. SO I THINK THAT WE WOULD CONSIDER THAT TO HIT THE THRESHOLD OF A FULL SERVICE RESTAURANT AND THEN NOT REQUIRE A CUP FOR THE ALCOHOLIC BEVERAGE SERVICE. WELL, LET'S SAY THEY SERVE POPCORN AND BEER AND WINE, THEN WHO, WHO DRINKS BEER AND WINE WITH THEIR POPCORN ? UH, I DO . I, SO I, I BOTH BEER AND WINE CHAIR KNEW, UM, HEATHER HEINZ, UM, SPECIAL PROJECTS MANAGER. UM, THE WAY THAT OUR CHAPTER EIGHT IN THE IIEO READS, UM, IF YOU, YOU NEED A USE PERMIT TO SERVE ALCOHOL WITHOUT A FULL SERVICE RESTAURANT. SO IF IT WAS, AND, AND IT GETS A LITTLE, ALMOST BECOMES LIKE AN ANCILLARY BAR, THE WAY OUR CURRENT CODE IS WRITTEN MM-HMM . UM, IT'S A LITTLE ANTIQUATED WITH, UM, THE WAY CHAPTER EIGHT IS WRITTEN MM-HMM . UM, SO THERE'S VERY CLEAR THAT IF YOU'RE SERVING ALCOHOL AS PART OF A FULL SERVICE RESTAURANT, THEN YOU ARE STILL A RESTAURANT AND THAT MM-HMM . ALCOHOL IS ANCILLARY TO YOUR RESTAURANT. MM-HMM . IF YOU'RE NOT SERVING A FULL SERVICE AS, AS A FULL SERVICE RESTAURANT, THEN YOUR ALCOHOL BECOMES KIND OF A, A DIFFERENT TIER MM-HMM . AND YOU'RE REQUIRED TO GET A USE PERMIT. I SEE. FOR THAT. I SEE. AND IT'S VERY CLEAR TOO, I, I BELIEVE CHAPTER EIGHT EVEN SAYS SOMETHING LIKE YOU SERVING SANDWICHES DOESN'T COUNT. OKAY. UM, ALRIGHT. SO IT MIGHT BE SOMETHING FOR THANK YOU PHASE TWO OR PHASE THREE THAT THE CITY MIGHT WANNA CONSIDER, WHETHER THAT'S STILL THE SAME, UM, APPROACH. WELL, WELL MY, MY COMMENT THEN IS I DON'T SEE WHY WE CAN'T DO THIS RIGHT NOW IN PHASE ONE, WHERE IF WE'RE SAYING THAT A THEATER CAN PROCEED WITHOUT A CUP, IT SEEMS TO ME THAT A THEATER THAT SERVES BEER OR WINE IS ANALOGOUS BECAUSE ITS MAIN SERVICE IS SHOWING A MOVIE AND SELLING POPCORN [03:10:01] AND RED VINES THAT YOU, AND YOU SELL BEER OR WINE THAT'S ANCILLARY IN THE SAME WAY THAT A RESTAURANT SERVING ALCOHOL IS, IS ANCILLARY TO THE FOOD. RIGHT. SO IT'S JUST NOT THE WAY CHAPTER EIGHT IS WRITTEN. SO IT WOULD CREATE A CONFLICT WITH ANOTHER SECTION IN OUR CODE MM-HMM . UM, TO, TO, SO I THINK WE CAN'T HAVE A CLAUSE THAT SAYS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW A UH, MOVIE THEATER DOES NOT NEED A CP FOR BEER, WINE SALES. I THINK WE WOULD NEED TO GO BACK AND MODIFY CHAPTER EIGHT. HMM. I MEAN, WE CAN LOOK AT THAT, BUT I THINK IT'S VERY CLEAR ABOUT, UM, ABOUT THOSE PROVISIONS. SO I THINK WE WOULD NEED TO AMEND, MODIFY CHAPTER EIGHT. AND I'M NOT SAYING WE CAN'T DO THAT, YOU KNOW, OBVIOUSLY WE'RE NOT GONNA DO THAT AS PART BY NEXT WEEK'S OKAY. PACKET DATE, WE KEEP PILING MORE ON THE NEXT WEEK. RIGHT. BUT, UM, SO, SO, BUT WE CAN DO THAT IN PHASE TWO. WE CAN SAY A MOVIE THEATER CAN. YEAH. OR WE CAN LOOK AT, UM, CHAPTER, CHAPTER EIGHT, UM, MORE, UM, YEAH, MORE, UM, FULLY BECAUSE IT EVEN SAYS THAT THE SALE OF SANDWICHES OR SNACK FOOD DOESN'T, DOESN'T ALLOW YOU TO BE CONSIDERED A FULL SERVICE RESTAURANT IN ORDER TO HAVE ALCOHOL SERVICE WITHOUT A USE PERMIT. SO I LIKE, I LIKE GREAT IDEA AND IT TAKES A LITTLE BIT MORE OF CODE WORK THAN JUST A, A FOOTNOTE WITH MOVIE THEATER. GOOD. OKAY. WELL, I, I APPRECIATE THAT. AND, AND THANK YOU ALL FOR INDULGING MY POINT THERE. UM, I, I DO, WHEN PHASE TWO COMES AROUND, I REALLY WANT TO PUSH THAT. SO I HOPE, UM, THAT WE CAN DO THAT. UH, UH, COMMISSIONER MOSES? YEAH, JUST A QUICK QUESTION. LOOKING AT, UM, CHAPTER FOUR IN THE TABLES FOR THEATER, CINEMA, OR PERFORMING ARTS, WE'VE GOT CUP ACROSS ALL OF THE MIXED USE OPTIONS EXCEPT, UH, MINI CENTER MIXED USE. AND I'M CURIOUS WHY THE CHOICE OF AN OF AN M DASH ON THAT FOR THEATER, CINEMA, OR PERFORMING ARTS? SURE. BECAUSE, UH, MINI CENTER MIXED USE TOOK ITS LAND USES FROM THE MU ONE C LAND USE, AND IT WAS NOT ALLOWED IN U ONE C. SO THE, THE OTHER MIXED USE DISTRICTS, UH, UH, NEIGHBORHOOD CENTER MIXED USE WAS FROM U ONE A AND ONE B, AND THEN THE DOWNTOWN STEP DOWNTOWN CENTER AND URBAN CORRIDOR, UH, USES WERE TAKEN FROM MU TWO. SO IT'S REALLY REFLECTING HOW THE, THE THEATER WAS TRADITIONALLY SEATED WITHIN OUR MIXED USE ZONING DISTRICTS, UH, WHEN WE DIDN'T HAVE HAVE THE SIX ACROSS THE BOARD. I WOULD ALSO NOTE THAT IT'S, I SUSPECT THAT IT'S VERY CLEAR IN THE LANGUAGE THAT THAT DOESN'T INCLUDE MOVIE THEATER, AND THAT'S A RESPONSE TO THE THEATER OVERLAY. UM, SO I THINK WHAT WE WOULD DO AND, AND WHAT WE HAVE IN DRAFT IS TO EXPAND THAT THEATER DEFINITION TO INCLUDE MOVIE THEATERS. BUT THEN I THINK WE ALSO WANT, I SUSPECT AS WELL, OH, THEATER, CINEMA PERFORMING ARTS EXCLUDES MOVIE THEATERS. IT HAS TRADITIONALLY, OH, YEAH, YEAH. OKAY. SO WE WE'RE REWRITING THE DEFINITION TO INCLUDE MOVIE THEATERS, UM, AND THAT WAS THE INFLUENCE OF THAT THEATER DISTRICT OVERLAY. WHY, WHY DEFINE A MOVIE THEATER IF YOU CAN'T PERMIT IT THROUGHOUT THE CITY? SO CINEMA'S NOT MOVIE THEATER, NOT ACCORDING TO THE CODE IN 2000. OKAY. BUT MAYBE THE SIMPLEST THING IS IF WE'RE SAYING THE THEATER DISTRICT IS SUNSET, RIGHT. SO NOW WE HAVE TO THINK ABOUT NORMALIZING AND NOW MOVIE THEATERS OR CINEMAS AS I THINK THE SORT OF GENERALLY UNDERSTOOD DEFINITION WOULD BE, THEN WE CAN JUST FOCUS ON THEATER, CINEMA, PERFORMING ARTS AS A LAND USE TYPE, AND THEN THE PERMIT REQUIRED BY ZONE AND JUST LIKE, SORT OF FOLD IT BACK IN TO, ITS, TO ITS COUSINS RIGHT. OF THEATER, CINEMA, AND PERFORMING ARTS, I THINK AS WELL AS FOLDED INTO OUR COMMERCIAL ZONING DISTRICTS YEAH. WHERE IT'S, WHERE IT'S ENTIRELY ABSENT. YEAH. SO THE OTHER THING TOO IS, UH, YOU KNOW, MAYBE THE GOAL WAS TO CREATE THOSE, THOSE OPPORTUNITIES FOR THEATERS CLOSER INTO DOWNTOWN. UM, AND, AND SO TO, YOU KNOW, SUPPORT THE DOWNTOWN AREA AND OUR MIXED USE DISTRICTS THROUGH, THROUGH THE THEATERS, BUT NOT ALLOW THEM IN THE OUTER, SORT OF, IN THOSE URBAN CORRIDORS, UM, WHERE WE HAVE THE, THE COMMUNITY COMMERCIAL ZONES CURRENTLY. SO I THINK THAT THAT PROBABLY IS A LITTLE BIT OF THE STORY THERE. YEAH. I THINK, I THINK THERE'S OPPORTUNITY FOR, FOR A VARIETY OF SCALE MM-HMM . UM, IN A VARIETY OF DIFFERENT ZONES. [03:15:01] ALRIGHT. I'M GONNA CALL A, A STRAW POLL. I DON'T SEE ANY OTHER QUESTIONS OR COMMENTS. ARE WE GOOD WITH THE, UM, RECOMMENDATION THAT A MOVIE THEATER DOES NOT NEED A CUP WHATEVER FORM IT TAKES, WHETHER IT'S EXPLICITLY OR THE WAY YOU SUGGEST BY REVERTING TO CINEMA? ARE WE GOOD WITH A STRAW POLL THAT SAYS, MOVIE THEATERS DON'T NEED CONDITIONAL USE PERMIT? IS THAT THE ASK OR IS THE ASK THAT WE ARE AGREEING TO SUNSET THE THEATER DISTRICT RESTRICTIONS? WELL, THE THEATER DISTRICT RESTRICTIONS SUNSET BY OPERATION OF LAW. OKAY. LIKE, WE NEED, WE DON'T NEED TO RESCIND THEM. OKAY. THAT'S CORRECT. THERE WAS A DATE CERTAIN ATTACHED TO THAT. SO, AND IS, IS THIS THE MOVIE THEATER SLASH CINEMA QUESTION BY ITSELF, OR DOES THAT ALSO INCLUDE THE OTHER THEATER AND, UM, WHAT WAS THE PERFORMING ARTS PROVISION AS WELL? I THINK THERE'S A PRETTY ELEGANT WAY TO DO THIS. UM, THE DEFINITION OF THEATER, CINEMA PERFORMING ARTS ALREADY INCLUDES MOVIE THEATERS. THERE'S A SUBSECTION, UM, THAT REFERENCES THE THEATER OVERLAY TO SUNSET ON AUGUST 4TH, 2023. UM, SO I THINK WE JUST STRIKE THAT OUT, BUT WE COULD TAKE A LOOK AT IT. SO, I, I, I THINK THE STRAW POLL THEN IS ARE WE GOOD WITH DEREGULATING MOVIE THEATERS SLASH CINEMAS SLASH ALRIGHT. OKAY. UM, THAT IS IT FOR CHAPTER FOUR, I BELIEVE. AM I CORRECT? YES, YOU ARE. YES. OKAY. WE ARE ON TO CHAPTER FIVE. SORRY, CHAIR. CAN I JUST MAKE ONE QUICK PLUG ON CHAPTER FOUR? UM, I SHOULD HAVE LOOKED AT MY NOTES. UH, SO THIS TIES INTO LAST NIGHT'S CONVERSATION DIRECTION FROM COUNCIL. UM, SO WITH RESPECT TO SOME OF THE BUSINESSES ON THE BOULEVARD NORTH, UM, I CONTINUED THOSE CONVERSATIONS TODAY. UM, AND WE'RE SORT OF, WE'RE WORKING THROUGH SOME OF THE DEFINITIONS, BUT, UM, WE'VE STARTED, I'VE STARTED WORKING ON THE ZONING VERIFICATION LETTERS FOR THE BUSINESSES THAT ARE GOING, UH, TO A LAND USE CHANGE. UM, BUT I, I JUST WANTED TO NOTE, JUST FOR THE RECORD, I HAVE BEEN WORKING IF IT REQUIRES, AS I BETTER UNDERSTAND SOME OF THOSE BUSINESSES, SOME TWEAKS, UM, TO THE DEFINITIONS, UM, OR THE PERMITTED USES, YOU WOULD SEE THAT AS PART OF, UM, THE PRODUCT IN TWO WEEKS. AWESOME. THANK YOU VERY MUCH FOR THAT, UH, THAT POINT AND THE, YOU KNOW, GETTING RIGHT ON THAT IMMEDIATELY AFTER THE MEETING. UM, UH, OKAY, SO CHAPTER FIVE, WHAT ARE WE, UH, WHAT ARE WE DOING CHAPTER FIVE? UM, WE DON'T HAVE ANY QUESTIONS ON CHAPTER FIVE. OKAY. WE CAN GO ON TO CHAPTER 11 AND, UH, THAT'S JUST SO WE CAN SKIP, UH, CHAPTER SIX. I, I THINK, OH, YOU HAVE, I DID WANNA TALK A LITTLE BIT ABOUT CHAPTER FIVE JUST GIVEN THE, THE PUBLIC COMMENT ABOUT HOW THE MATERIAL PIECES OF THE DOWNTOWN ECONOMIC OVERLAY ARE BEING TREATED HERE. I CAN TAKE THAT ON AND THEN ANDREW, I'LL, I'LL DEFER TO YOU ON THE, UM, DOWNTOWN HOUSING STANDARDS. SURE. I THINK THAT'S MOST APPROPRIATE. UM, SO THIS GOES BACK, SO I, I APPRECIATE THE COMMENTS. UM, I MEAN, I THINK IT'S WORTH MENTIONING, SO PHASE ONE, IT WAS LARGELY TO FOCUS ON PRIORITIZING. DO THE, WE'VE BEEN LITERALLY WORKING AROUND THE CLOCK TO GET, UM, TO THIS POINT, UM, THE TECHNICAL AMENDMENTS OR THE TECHNICAL CHANGES THAT THE ADOPTION OF THE GENERAL PLAN, UM, CREATED. AND SO A LOT OF THE WORK THAT YOU SEE TONIGHT AND WE'LL CONTINUE TO SEE THROUGHOUT THIS HEARING, UM, IS DIRECTED. I MEAN, WE DON'T REALLY HAVE A CHOICE, UM, BASED ON WHAT WAS ADOPTED, UM, AS PART OF THE GENERAL PLAN. SO YOU WANT YOUR GENERAL PLAN AND YOUR ZONING CODE TO BE CONSISTENT. THERE'S A REFERENCE ABOUT THE, THE REFERENDUM. UM, THE REFERENDUM WAS VERY SPECIFIC TO THE FAR. UM, AND SINCE THEN THE COUNCIL HAS RESCINDED THAT PROVISION. UM, WE'VE BEEN VERY CLEAR THE BENEFITS OF THE OVERLAY HAS REMAINED, UM, AND INTACT. [03:20:01] AND SO IT'S ULTIMATELY A POLICY DECISION. THERE'S LANGUAGE IN THERE THAT THIS WOULD BE REVISITED AS PART OF THE ZONING CODE THAT IMPLEMENTS THE GENERAL PLAN. UM, SO IF THAT'S SOMETHING THAT, UH, PLANNING COMMISSION WOULD WANT US TO RECOMMEND, UH, INCLUDING IN PHASE ONE, THEN THAT WOULD BE APPROPRIATE TO HAVE THAT CONVERSATION TODAY. UH, I'M SORT OF STRUGGLING ON HOW TO CRAFT A STRAW HOLE FOR DIRECTION ON THAT. I MEAN, IT SEEMS LIKE IT, THAT'S HOW IT IS RIGHT NOW IN CHAPTER FIVE, RIGHT? IT CORRECT. IT REMAINS UNTOUCHED. UM, YOU KNOW, I THINK ONE WAY TO START THE CONVERSATION, OR AT LEAST SOME THINKING AROUND IT, IS WE ESTABLISHED A FAR, UH, WE ESTABLISHED A HEIGHT LIMIT AS PART OF THE NEWLY MINTED GENERAL PLAN UPDATE. UM, SO THERE ARE COMPONENTS OF THE DOWNTOWN HOUSING AND ECONOMIC OPPORTUNITY OVERLAY, UM, THAT JUST WOULDN'T BE FEASIBLE, RIGHT? WE'D TALK THROUGH A CONDITIONAL USE PERMIT TO GET UP TO 75 FEET. UM, THAT JUST ISN'T REALISTIC, RIGHT? IF YOU HAVE AN FAR OF 4.0 AND A, UM, AND A HEIGHT SET AT 45 AND 45 UNITS TO THE ACRE. SO THERE ARE SOME THINGS IT, IT WOULD REQUIRE US TO, SO THERE'S A COUPLE OPTIONS. UM, IT WOULD REQUIRE US TO REALLY DO A DEEP DIVE, UM, TO BETTER UNDERSTAND, YOU KNOW, WHAT THINGS ARE IMPACTED, UH, BY THE ADOPTION OF THE GENERAL PLAN, WHICH IS WHY SOME OF THE DEEP DIVE WORK, UM, WOULD BE COMING AS PART OF PHASE TWO. UM, AGAIN, IF THERE'S, IF THE COMMISSION FEELS OTHERWISE, I MEAN, WE CAN HAVE THAT CONVERSATION. SO, SO I'M, I'M HEARING THAT, THAT THIS IS A PHASE TWO ITEM NOW, AND THE QUESTION IS, IS IT, DO WE WANT TO ACCELERATE IT? IT'S RELATIVELY OPEN-ENDED. SO IN THE ORDINANCE ITSELF, IT, IT SAYS THE IMPLEMENTATION OF THE GENERAL PLAN, AND THAT'S A MULTI-PHASE PROCESS AND, UM, THERE'S SOME LATITUDE THERE. OKAY. I GUESS ZOOMING OUT A LITTLE BIT IN ALL OF THE CONVERSATIONS AROUND THE OVERLAY PART OF AND THE GENERAL PLAN UPDATE AND THE ZONING UPDATE, WE'VE, WE'VE SPENT SO MUCH TIME, ESPECIALLY AS WE'VE TALKED ABOUT, OUR STRATEGIES FOR THE ZONING UPDATE OF LIKE, LET'S DO AWAY WITH PUDS, LIKE AN OVERLAY SORT OF FEELS LIKE A PUD BY ANOTHER NAME. SO SORT OF RELYING ON THAT FRAMEWORK FEELS LIKE IT SORT OF UNDERCUTS WHAT WE'VE BEEN SAYING HERE, THAT WE'RE GOING TO SORT OF INTEGRATE EVERYTHING AND YOU ONLY HAVE TO LOOK AT ONE PLACE . SO I, I, I GUESS THAT'S WHERE I'M KIND OF GETTING CONFUSED OVER, LIKE WHY IT'S NOT JUST KIND OF PUT, PUT IN PROPERLY. SO THAT TAKES TIME TO FIGURE OUT HOW TO PUT IT IN PROPERLY. AND SO, AGAIN, GOES BACK TO THE PHASE TWO. IF FOR WHATEVER REASON WE NEED TO LOOK AT IT FASTER, UM, YOU KNOW, I JUST WANNA GET REALLY CLEAR DIRECTION TONIGHT SO WE COME BACK WITH THE RIGHT THING. I, I WOULD, I WOULD LIKE TO SHARE THAT IF WE, IF WE LOOK AT THE DOWNTOWN OVERLAY FROM LIKE THE SUM OF ITS PARTS, IF YOU WILL. AND, UH, I THINK WE, LET ME, LET ME SHARE. SO, SO THIS IS THE, UM, THIS IS THE, THE OVERLAY SECTION OF CHAPTER FIVE. AND WE, HERE, HERE, IT SHOWS WHERE IT'S ONLY APPLICABLE TO TWO BLOCKS. RIGHT? AND WE TALK ABOUT THE GROUND FLOOR USES, THAT'S WHAT THE OVERLAY DID, WAS IT SPECIFIED, ALLOWABLE GROUND FLOOR USES. AND IT ESTABLISHED STANDARDS TO BUILD THESE PEDESTRIAN FACADE ACTIVATION ZONES, AND ALSO TO ALLOW GROUND FLOOR RESIDENTIAL USE IN CERTAIN AREAS. SO THOSE WERE SOME OF THE PARTS OF IT. AND WHEN WE GOT TO THOSE, UH, PEDESTRIAN FACADE ACTIVATION [03:25:01] DEVELOPMENT STANDARDS, THERE, WE GOT INTO SOME OF YOUR URBAN DESIGN DETAILS AROUND TRANSPARENCY, A MINIMUM, UH, AMOUNT OF BLANK WALL. WE GOT INTO THE INTERIOR PARTITIONS TO ENSURE TRANSPARENCY WITHIN THE BUILDING, WINDOWS SIGNS AND THINGS LIKE THAT. THE OTHER THING IT DID THEN TOO, THROUGH, THROUGH ESTABLISHING THESE ACTIVATION ZONES AND THESE RESIDENTIAL ALLOWED ZONES, WAS THAT IT GAVE US THE OPPORTUNITY TO GET TO A HUNDRED PERCENT RESIDENTIAL WITHIN THE OVERLAY ZONE. THEN IT DID OTHER THINGS, RIGHT? IT, IT ALSO ALLOWED BUILDINGS TO GO UP TO 75 FEET UNTIL THAT WAS RESOLVED THROUGH THE REFERENDUM AND SO FORTH. UH, BUT IT, IT ESTABLISHED STEP BACKS FROM, FROM RESIDENTIAL ZONES. IT ESTABLISHED STEP BACKS FROM HISTORIC RESOURCES AND THINGS LIKE THAT. SO THERE WERE A LOT OF REALLY GOOD TOOLS WITHIN THE DOWNTOWN OVERLAY, BUT THEY ONLY APPLIED TO THE TWO BLOCKS THAT THE OVERLAY ENDED UP, UM, BEING ADOPTED FOR WHAT, WHAT WE'RE LOOKING AT DOING NOW IN ORDER TO RESPOND TO THIS RECENTLY ADOPTED POLICY WHERE THE DOWNTOWN MIXED USE, UM, LAND USE DESIGNATION CAN SUPPORT A HUNDRED PERCENT RESIDENTIAL, IS WE CAN TAKE THAT O TAKE THE DOWNTOWN OVERLAY, TAKE ITS PARTS AND REBUILD THEN THE DOWNTOWN MIXED USE ZONING DISTRICT TO HAVE THOSE PARTS IN IT SO THAT WE CAN GET TO PLACES IN THE DOWNTOWN AREA WHERE A HUNDRED PERCENT RESIDENTIAL COULD BE ALLOWED BECAUSE THEY WOULD BE DESIGNATED THAT, UM, IN THROUGH THE ZONING CODE, WE CAN GET TO OUR STEP BACKS FROM OUR RESIDENTIAL ZONES, OUR STEP BACKS FROM OUR HISTORIC RESOURCES AND THINGS LIKE THAT. WE CAN GET TO OUR GROUND FLOOR, UM, GLAZING AND, AND AND SO FORTH. SO, AND, AND IT'S, IT'S, UH, IT'S 80% BUILT. UM, THE REASON IT'S NOT HERE TONIGHT IS WE'RE STILL WORKING ON SOME PARTICULAR SETBACK AND STEP BACK DETAILS. SO IF THE, IF THE COMMISSION WANTS TO DO THAT, WE CAN BRING IT BACK UNWOUND AND APPLIED TO THE DOWNTOWN MIXED USE ZONING DISTRICT, WHAT YOU JUST DESCRIBED AS LIKE A, APPLYING THE PARTS, THE GOOD PARTS RIGHT. TO, THAT'S WHAT I WAS GETTING AT. AND I THINK THAT BEING IN PHASE TWO IS FINE. UM, BUT THE SORT OF QUESTION STILL REMAINS, I GUESS, ABOUT THE, THE SUNSET, WHICH TO, TO DIRECTOR O'S POINT, THE WAY IT WAS WORDED IS LIKE THAT, THAT IT'S A LONG PROCESS TO INSTITUTE A GENERAL PLAN. SO IT'S NOT NECESSARILY THAT IT WAS ERASED LAST NIGHT WITH THE, WITH THE PASSING OF, OF THAT, BUT IF THERE ARE OTHER YEAH. YEAH. AND IN THE DRAFT RESOLUTION, WE DO HAVE A SPECIFIC FINDING IN RECITAL THAT EXPLAINS THAT, THAT THIS IS PHASE ONE, IT DOESN'T YET IMPLEMENT THE OVERLAYS, BUT, UM, AND THAT, THAT WOULD BE ADDRESSED AT A LATER POINT. SO I THINK WE WOULD MAKE IT PRETTY CLEAR THERE, BUT THE RESOLUTION ISN'T PUBLISHED YET. ALRIGHT. SO I THINK OUR STAR POLL HERE IS WE DON'T NEED ONE. OKAY. ALL RIGHT. UM, WE ARE THEN MOVING ON TO CHAPTER SIX. THIS IS THE FLOODPLAIN AND FLOODPLAIN DISTRICTS, UH, CHAPTER. AND I BELIEVE THE MAIN DECISION POINT HERE IS THE, UH, THE ISSUES REGARDING, UH, THE TWO POLICIES THAT IMPLICATE WHETHER OR NOT HOMEOWNERS OR OR PROPERTY OWNERS GET A 20% DISCOUNT ON THEIR FLOOD INSURANCE, RIGHT? YES. SO THERE WERE TWO POLICIES THAT CAME AS RECOMMENDATIONS FROM PUBLIC WORKS. AND AGAIN, IT'S NOT, I, I DON'T WANNA CHARACTERIZE IT AND SAY LIKE, THE ENTIRE PROGRAM HINGES ON THAT BECAUSE IT'S A SERIES OF POINTS AND THERE'S A NUMBER OF FACTORS THAT GO INTO IT. MM-HMM . SO THE, THE QUESTION IS, UM, SO AGAIN, RESTRICTING DEVELOPMENT MORE, MAKING IT MORE RESTRICTIVE THAN WHAT WE ALREADY HAVE. SO, UM, GOING INTO THE, THE FLOOD ZONE, UM, AND, AND THERE IS SOME, YOU'LL SEE IN THE RED LINE CHAPTER, THERE IS SOME ADDITIONAL LANGUAGE THAT DOES TIGHTEN IT UP. BUT THE QUESTION IS, SHOULD THERE BE, UM, ADDITIONAL PROHIBITIONS AND IN PARTICULAR, UM, ON THE CONDITIONAL USES, ONE OF THE, UM, WAS IT CONDITIONAL OR WAS IT [03:30:01] THE YEAH, NO, SORRY, NOT CONDITIONAL. IT WAS THE PERMITTED USES. SO ONE OF THE QUESTIONS COMING UP OF LIKE, YOU KNOW, CURRENTLY IT SAYS, UM, YOU KNOW, THAT YOU CAN DO A CIRCUS CARNIVAL OR OTHER SIMILAR TRANSIENT AMUSEMENT, MEANING THAT IT'S NOT PERMANENT, IT'S LIKE THERE FOR A COUPLE MONTHS OR EVEN A WEEK OR WHATEVER, AND THEN IT MOVES ON. AND SO THAT, UM, YOU KNOW, RIGHT NOW THAT IS CONSIDERED ALLOWABLE DEVELOPMENT AS IT'S CHARACTERIZED IN THIS CODE. UM, AND, AND SIMILAR USES DETERMINED TO BE SIMILAR. SO, UM, THE QUESTION IS LIKE, IS THAT SOMETHING WE WANNA LEAVE? IS THAT SOMETHING TO TAKE OUT? UM, THERE'S ALSO THE CONDITIONAL USES INCLUDE, UM, THINGS SUCH AS PARKS, GOLF COURSES, AND ATHLETIC FIELDS. AND SO, UM, YOU'LL SEE IN THE RED LINE VERSION THAT YOU WERE PROVIDED THAT THERE WERE SOME ADDITIONAL GUARDRAILS INCLUDED IN THERE OF WHAT, YOU KNOW, THAT THINGS NEED TO EITHER BE ANCHORED OR COMPLETELY REMOVED DURING THE RAINY SEASON, ESSENTIALLY, UM, AND THAT THEY CAN'T RESTRICT THE FLOODWAY CAPACITY OR ANYTHING TO THAT EFFECT. UM, AND ALSO IT'S THAT ADDITIONAL, LIKE, WON'T, WON'T CREATE MORE IMPERVIOUS AREA, WON'T, UM, STORE PRODUCE POTENTIALLY HARMFUL WASTE CHEMICALS OR OTHER MATERIALS THAT COULD POLLUTE THE WATERWAY. UM, SO, UH, AND AGAIN, THE, THE QUESTION IS TRYING TO, TO GET A SENSE FROM THE COMMISSION WHETHER THERE'S ADDITIONAL PROHIBITION THAT'S NECESSARY OR WHETHER THIS IS SUFFICIENT. UM, AND THEN THE OTHER QUESTION WAS ABOUT WHETHER THE COMMISSION IS OKAY WITH WAIVING THAT AUTHORITY TO ALLOW VARIANCES FROM ANY OF THE STANDARDS THAT ARE IN CHAPTER SIX. AND THAT DOES INCLUDE THE, THE OVERLAY ZONE AS WELL, WHICH IS THE FLOODPLAIN OVERLAY THAT REQUIRES, AND AGAIN, THERE'S, THERE IS AN, UH, THERE ARE NEW STANDARDS THAT ARE MORE SEVERE THAN PREVIOUSLY, AND THAT IS EXCEEDING THAT, UM, FEDERAL STANDARD. SO THE FEDERAL STANDARD IS, IS ONE FOOT, AND WHAT WE HAVE IN THE GENERAL PLAN IS TWO FEET. SO, UM, AND THAT'S ABOVE WHAT THE PROJECTED SURFACE ELEVATION WOULD BE OF A FLOOD. SO THE, THE QUESTION ABOUT THE VARIANCE ON THAT PART OF IT IS, AGAIN, THERE WOULD BE NO VARIANCE FROM THAT. UM, SO JUST DOES THAT PROVIDE THE CLARITY THAT, ANY QUESTIONS OR COMMENTS? I DO HAVE A COUPLE QUESTIONS. UM, JUST STARTING WHERE YOU ENDED ON THE, ON THE VARIANCE, CAN YOU JUST SORT OF GAME IT OUT FOR US WHAT THAT LOOKS LIKE? SOMEONE SAYS, HEY, I WANT TO GET A PERMIT, AND THERE'S JUST LIKE NO PA LIKE IT JUST IS A NO. OKAY. SO FOR EXAMPLE, UM, A PROPERTY OWNER COMES IN AND THEY ARE IN THE FLOODPLAIN, AND THEY HAVE, YOU KNOW, THERE'S A, A FOOT OF FLOODING THAT'S THE ELEVATION IS ONE FOOT, AND THEY COME IN AND THERE'S PROPERTIES AROUND, THEIR ENTIRE PROPERTY IS ONE FOOT, SO THEY HAVE TO BUILD TO THREE FEET, BUT FOR SOME REASON THEY'RE CONSTRICTED AND CAN'T BUILD TO THREE FEET. I CAN'T THINK WHY, OR I, I CAN'T THINK WHAT THAT IS, RIGHT? BUT THERE'S SOME PARTICULAR REASON THAT IS VALID. AND, UM, OTHER PROPERTIES THAT ARE ADJACENT OR ACROSS THE STREET, UM, HAVE BEEN ABLE TO BUILD TO LESS THAN THREE FEET FOR SOME UNKNOWN REASON. THERE'S A THIRD TEST FOR VARIANCE, AND I SHOULD KNOW IT OFF TOP OF MY HEAD. OH, HERE COMES HEATHER, HEATHER TO THE RESCUE. I WAS JUST GONNA SAY THAT I DON'T BELIEVE IN THE LAST 15 YEARS WE HAVE HAD A REQUEST FOR A FLOOD VARIANCE THAT I CAN RECALL. SO IT IS NOT SOMETHING THAT IS VERY COMMON. UM, OR, UH, I MEAN, I DON'T WANNA SAY IT NEVER HAPPENS, BUT IF I CAN'T RECALL WHEN IN THE LAST 15 YEARS, UM, AND WE TAKE, YOU KNOW, FLOOD PROVISIONS VERY SERIOUSLY IN PETALUMA, UM, AND THAT HAS BEEN SOMETHING WE'VE BEEN VERY PROUD OF, UM, TO, UM, MAINTAIN THOSE, THOSE RULES. IT HAS HELPED US OVER TIME WITH OUR CRS RATING, UM, BECAUSE ONE OF THE THINGS THAT HAPPENS IS THE CITY HAS AN AUDIT AND LOOKS AT WHERE HAVE YOU ALLOWED, UM, ENCROACHMENT INTO, INTO [03:35:01] THESE FLOOD AREAS, AND WE'RE EVALUATED. SO WE'VE TAKEN IT VERY SERIOUSLY. WHAT I DON'T KNOW IS THAT THERE'S BEEN CONSIDERABLE EXPLORATION OR DISCUSSION OF A FLOOD RELATED VARIANCE, AND THEN THEY DECIDE NOT TO APPLY OR, UM, OR, OR YOU KNOW, WHAT THE SCENARIO IS. BUT I DO NOT BELIEVE WE'VE HAD AN APPLICATION SUBMITTED, A FORMAL APPLICATION SUBMITTED FOR ONE AS, AS I CAN RECALL. GREAT. THANK YOU. UH, COMMISSIONER ABNER, DO, WHAT IS THE FLOODPLAIN LEVEL FOR THE HUNDRED YEAR AND THE 500 YEAR? I GUESS I'M JUST WONDERING WHAT THE DIFFERENCE IS IF WE DID UP THE REQUIREMENTS OR APPLY THE 500 FOOT. YEAH, SO, OKAY. OR 500 YEAR. UM, IT'S DIFFERENT EVERYWHERE, BECAUSE HERE'S A, OH, I CAN'T SHARE SCREEN ON HERE. OH, NO, I THINK I CAN, HOLD ON. I'M ON THE ZOOM. GO AHEAD AND SHARE MY SCREEN. LET'S SEE. YAY. OKAY, , SO THIS IS DRAFT MAP. THIS IS NOT A FINAL MAP, BUT, UM, THIS GIVES YOU A SENSE OF WHAT FLOODING LOOKS LIKE IN THE CITY. AND THIS IS THE CURRENT MAP. THIS IS THE HUNDRED YEAR, SO THIS IS NOT THE 500 YEAR DEPTHS, THIS IS A HUNDRED YEAR DEPTH. SO ANYTHING THAT IS SHOWING ANY COLOR ON HERE, UM, THE, SO EVEN THE AREAS WHERE YOU'RE LOOKING AT, LIKE, IT'S LESS THAN HALF A FOOT, YOU'D STILL HAVE TO MAKE SURE YOU HAVE THAT FREEBOARD BECAUSE THERE'S NOT A DIFFERENT PROVISION FOR THAT. UM, AND SO, UM, YOU CAN SEE THAT, YOU KNOW, SOME OF THESE AREAS ARE FLOOD AREAS, THEY'RE TO THE SOUTH. BUT, UM, HERE, LET'S ZOOM IN HERE WHERE YOU CAN KIND OF SEE THERE'S SOME FLOODING. SO YOU HAVE THESE AREAS. WHAT THAT WOULD MEAN IS THAT IF IT'S ONE FEET, OR IF IT'S ONE FOOT OR ONE AND A HALF FEET OR ONE FOOT 11 INCHES, THEN YOU WOULD HAVE TO HAVE AN ADDITIONAL TWO FEET ABOVE THAT FOR YOUR FINISHED FLOOR ELEVATION. THAT ALLOWS TWO FEET ABOVE WHERE THAT PROJECTED FLOOD HEIGHT IS. UM, KEEP IN MIND IT SAYS VERY SPECIFICALLY IN THE GENERAL PLAN THAT AREAS WHERE FLOODING IS PROJECTED TO BE MORE THAN TWO FEET, UM, NO DEVELOPMENT IS ALLOWED. AND THESE, EVEN THOUGH IT NEEDS TO BE IMPLEMENTED FOR THIS CHAPTER TO BE CONSISTENT, THE GENERAL PLAN IS THE SUPREME DOCUMENT. AND SO THOSE POLICIES DO STILL APPLY. I THINK IT WOULD BE HELPFUL TO SEE THE FLOOD PLAIN MAPS, OR ARE THESE THE FIRM MAPS, OR THIS IS NOT THE CURRENT FIRM MAP. UM, I DON'T HAVE THAT AT MY THING. I CAN SHOW YOU A MAP, BUT NOT WITH DEPTH ON THE CURRENT FIRM. I CAN SHOW YOU THE BOUNDARIES OF IT. OKAY. UM, THIS, THIS IS OUR, UH, THIS, THIS IS THE MAP THAT IS, I FORGOT WHAT THE DATE IS ON THIS. IT'S PROBABLY A YEAR OLD BY NOW. AND I BELIEVE PUBLIC WORKS IS STILL UPDATING IT. LET ME PAUSE MY SHARE AND I CAN, UM, I HAVE A LAYER UP HERE. I CAN SHOW YOU WHERE THE FLOODPLAIN IS. I, YEAH, I WAS JUST CURIOUS FOR AREAS LIKE NEAR THE SMART TRAIN LOTS OR WHERE WE'RE TALKING ABOUT, YOU KNOW, PRETTY VACANT LOTS WE'RE HOPING TO DEVELOP AND THAT SIT WITHIN THAT 500 YEAR FLOODPLAIN, UM, JUST WHAT KIND OF ELEVATION ARE WE TALKING ABOUT FOUR FEET ABOVE STREET LEVEL, YOU KNOW, THAT DEVELOPMENT WOULD BE RESTRICTED TO, I THINK IT'S, IT'S PRUDENT TO, UM, TO FOLLOW THESE, BUT UNDERSTANDING THE IMPACTS FOR FUTURE DEVELOPMENT MIGHT BE HELPFUL. WANNA MAKE SURE YOU'RE ABLE TO ACTUALLY SEE IT. UM, UM, , UH, IF I, I CAN MAYBE SIMPLIFY. I'M JUST WONDERING, LEMME GO AHEAD AND SHARE FOR YOU IF YOU'RE WANTING TO SEE. I'M NOT, I'M NOT SURE THIS IS GONNA ANSWER ANSWER YOUR QUESTION, BUT I'LL DO MY BEST HERE TO SEE IF THIS IS OKAY. SHARE. SO I BE, SO IN OUR ZONING LAYER, THIS IS OUR, IS OUR 2023 FLOODPLAIN, UM, AND I, AND I HAVE BOTH THE A HUNDRED YEAR AND THE 500 YEAR TURNED ON. SO THAT'S THE A HUNDRED YEAR. AND THEN IF I TURN ON THIS LAYER, YOU GET THE 500 YEAR MM-HMM . UM, AND SO THAT, THOSE COMBINED ARE THE OVERLAY ZONE. AND I GUESS MY FOLLOW UP QUESTION IS JUST HOW MANY, I, I UNDERSTAND TOPOGRAPHY [03:40:01] VARIES BY LOT, BUT GENERALLY RESPECTIVE OF SAY, I DON'T KNOW, D STREET AND EVERYTHING ALONG THE RIVER WHERE THAT, THE D STREET BRIDGES, UM, LIKE WHAT, WHAT KIND OF ELEVATION, FLOOD ELEVATION WOULD THE 500 YEAR FLOODLINE OR FLOODPLAIN REPRESENT, AND WHAT DOES THAT, WHAT KIND OF IMPACT MIGHT THAT HAVE TO STREET? I GUESS WHERE I'M GOING WITH IT IS IF WE'RE REQUIRING, SAY, ACTIVE STREET FRONTAGE DESIGN REQUIREMENTS, BUT THE, YOU KNOW, BASE FLOOR LEVEL NEEDS TO BE FOUR FEET RAISED ABOVE THE SIDEWALK THAT ALL OF A SUDDEN HAS AN IMPACT ON DESIGN STANDARDS. OKAY. OKAY. I HEAR YOU . I HEAR YOU. OKAY. SO THE 500 YEAR FLOODPLAIN, IT'S ONE FOOT ABOVE THE BASE FLOOD ELEVATION, AND YOU'RE NOT GONNA GET TO FOUR FEET, BECAUSE AGAIN, IF IT'S PROJECTED TO BE TWO FEET OF FLOODING, THEN IT'S, IT'S BASICALLY A NO GO. OKAY. SO, SO YOUR MAXIMUM THAT YOU'RE, YOU, YOU WILL GET, YOU, YOU'LL GET JUST BELOW FOUR FEET ON, UM, IN, IN THE, UM, IN THE 100 YEAR FLOODPLAIN. SORRY, I'M NOT, I'M NOT USED TO THESE LATE NIGHT MEETINGS , SO MY BRAIN'S A LITTLE SLOWER THAN IT WAS EARLIER. DID I, SO IN THE 100 YEAR FLOODPLAIN, IF, IF SAY YOU HAVE ONE FOOT 11 INCHES OF FLOODING OR WHATEVER THAT CLOSE TO IT IS, HOWEVER IT'S MEASURED BY GINA, UM, THEN ON TOP OF THAT YOU WOULD HAVE THE TWO FEET. SO YES, YOU WOULD HAVE TO HAVE YOUR, YOUR FINISHED FLOOR ELEVATION AT ABOUT THREE FEET ABOVE, OR DID I DO THAT RIGHT? FOUR, IT WOULD BE ALMOST FOUR FEET MM-HMM . AND, UM, BUT I ACTUALLY WOULDN'T NECESSARILY, THERE, THERE ARE MODELS FOR HOW THAT WORKS WITH INTEGRATING YOUR, YOUR FRONTAGE. SO IT'S NOT AN AUTOMATIC, I WOULDN'T CALL THAT AN, THAT DOESN'T CONCERN ME TOO TERRIBLY MUCH. UH, COMMISSIONER, UH, AUER AS A, YEAH, J JUST TO, YEAH, THAT'S CORRECT. UM, THE DECISION POINT HERE SAYS THAT THE GENERAL PLAN HAS THE HIGHER AUTHORITY, SO MM-HMM . UH, REGARDLESS OF WHAT THE DECISION, IS IT CORRECT THAT, LIKE, REGARDLESS OF THE DECISION WE MAKE AS TO WHETHER THE 500 YEAR FLOODPLAIN IS INCLUDED IN THE OVERLAY, YOU WOULD STILL NOT BE ABLE TO DEVELOP THERE BECAUSE THAT'S SPECIFIED IN THE GENERAL PLAN, OR LIKE, I'M TRYING TO FI FIGURE OUT WHAT IS THE PRACTICAL EFFECT OF US MAKING THIS DECISION? YEAH, WELL, SO, SO THE, THE 500 YEAR FLOOD PLANE, IT'S THE, THE, THE POLICIES THAT ARE IMPLEMENTED THROUGH THE OVERLAY ARE, ARE, ARE IN THE GENERAL PLAN AS WELL. SO YES, THOSE ARE, THOSE ARE PRETTY MUCH, THEY'RE, THEY'RE IN THERE AS FAR AS LIKE WHAT THE FREE BOARD IS, WHICH IS THE, THE SPACE BETWEEN THE TWO. UM, THAT'S IN THERE. WHERE, WHERE THE REAL QUESTION COMES IN, WHERE, AND AGAIN, THIS IS RELATED IS NUMBER THREE IS I THINK THE ONE, THE ONE THAT'S, THAT'S MOST PARAMOUNT HERE WHERE DIRECTION STRAW POLL WOULD BE HELPFUL IS, AND, AND I THINK HEATHER'S PROVIDED SOME GOOD CLARITY IS, IS WHETHER WE REMOVE THAT OPPORTUNITY FOR A VARIANCE FROM THE FLOOD POLICIES. AND I, I THINK TOO, ALSO WHAT, WHAT COMMISSIONER EBNER IS GETTING TOO, IS IF WE DESIGN TO THE REQUIREMENTS OF THE FLOOD REGULATIONS, THEN HOW COULD THAT ELEVATED HEIGHT AFFECT THE, THE, THE GROUND LEVEL STREET MM-HMM . UM, DESIGN EXPERIENCE, THE WALKABILITY AND SUCH THAT WE'RE SEEKING OTHERWISE. AND, AND MAYBE AN EXAMPLE IS IN THE FORMER OYSTER COVE PROJECT, BECAUSE THAT PROJECT AT D STREET HAD TO COME THREE FEET ABOVE SEA LEVEL RISE. AND SO IF YOU RECALL THOSE, UM, THE RESIDENTS THAT WERE FRONTING EAST D STREET WERE ACTUALLY ELEVATED, AND THEN THE, THE, THE SIDEWALKS KIND OF SPLIT, AND YOU HAD ONE SIDEWALK THAT WAS THAT GRADE, AND THEN THE OTHER SIDEWALK WENT UP AND FOLLOWED ALONG THE FACADES OF THOSE, UH, PROPOSED, UM, CONDOMINIUM UNITS THAT WERE ABOVE GRADE. SO I, AND, AND I THINK IF I'M RIGHT THEN, AND I'M GETTING SOME HEAD NODS THAT, THAT WE'RE, WE'RE THINKING THE SAME WAY HERE, THEN THE QUESTION IS, WOULD THAT WARRANT A VARIANCE TOOL TO GAIN SOME RELIEF FROM THOSE STANDARDS? SO, SO THAT THEN BECOMES THE QUESTION, BUT THEN THE, THE IMPLICATION OF THAT QUESTION IS, IF IT DOES, THEN IT'S LIKELY THAT IT'S GOING TO IMPACT OUR CRS RATING. BUT WE DON'T KNOW RIGHT NOW, LIKE THE, AN IMPORTANT PIECE OF INFORMATION WOULD BE, WELL, HOW MUCH, [03:45:01] BY HOW MUCH WOULD, WOULD THAT BE IMPACTED? BUT I THINK THAT'S SORT OF WHERE WE'RE AT WITH THE QUESTION AND THE RELATIONSHIP TO VARIANCE. THEN I WOULD ALSO THINK THAT WHEN WE COME BACK, UM, IT MIGHT BE REALLY HELPFUL TO HAVE, UM, THE FLOOD PLAIN ADMINISTRATOR HERE. THE, THE FLOOD RESILIENCE, UM, ELEMENT IN THE GENERAL PLAN GETS VERY TECHNICAL. AND IT WAS SOMETHING THAT WE, LIKE HEATHER MENTIONED, WE DID, I THINK IT WAS TWO YEARS DOING THE FLOOD MODELING AND THEN WORKED VERY CLOSELY WITH, UM, SHER SHERWOOD. MM-HMM . SHERWOOD SHERWOOD, UM, UH, TO DEVELOP POLICIES AND, AND, AND THINKING ABOUT THIS. SO IT'S, IT'S VERY TECHNICAL, UM, AND I THINK IT WOULD HELP TO HAVE GINA HERE AS OUR FLOOD PLAN ADMINISTRATOR TO HELP KIND OF TALK THROUGH THEM. I WOULD ALSO, UM, SUGGEST MAYBE AS PREP BEFORE THAT WITHIN THE GENERAL PLANS FLOOD RESILIENCE, THERE'S A LOT OF INFORMATION, BUT IT ALSO KIND OF TAKES YOU THROUGH, THERE'S AN, AN EXHIBIT THAT IT TAKES YOU THROUGH THE PROCESS, THE THINKING, WHAT NEEDS TO HAPPEN WHEN, UM, UH, A PROJECT COMES IN. IT'S A, UM, BASICALLY IT MIMICS WHAT AN APPLICANT WOULD GO THROUGH AND WHAT DECISION POINTS THERE ARE AND HOW TO THINK ABOUT THAT. SO THAT'S ON FOUR DASH 28 OF THE FLOOD RESILIENCE ELEMENT. SO IT'S KIND OF GETTING INTO, I FEEL LIKE SOME OF THE QUESTIONS THAT COMMISSIONER EBNER IS ASKING ABOUT THE, LIKE, REAL WORLD APPLICABILITY AND HOW DO YOU MAKE SOME OF THESE DECISIONS. SO THAT MIGHT ALSO BE SOMETHING I DON'T THINK I'M GONNA BE ABLE TO DO IT JUSTICE IN, IN THE MOMENT, BUT IT'S A GOOD THING TO LOOK AT. AND THEN WE CAN MAKE SURE WE COME BACK MAYBE WITH, UM, SOME OF THAT EXPERTISE TO HELP US ANSWER THOSE QUESTIONS. DOES THAT SOUND LIKE A GOOD APPROACH? SO IS THE COMMISSION ALL ON BOARD WITH, UH, DEFERRING THIS CONVERSATION ON CHAPTER SIX TO THE NEXT MEETING WHEN THIS ADDITIONAL INFORMATION WILL BE, UH, FORTHCOMING? ALRIGHT, SEEING NO OBJECTIONS, WE ARE, UM, DONE WITH CHAPTER SIX FOR TONIGHT. CAN WE GO BACK TO, TO FOUR? SORRY, I HAVE A FEW. I WANTED TO TOUCH ON THINGS IN FOUR. OKAY. CAN WE DO THAT REALLY QUICKLY? WE'RE GONNA LOSE COMMISSIONER EBNER. IT'S OKAY HERE PRETTY SOON. UM, SPECIFICALLY MOBILE FOOD VENDORS, I SENT YOU STUFF. UM, AND, UM, YOU KNOW, THE, THE EXAMPLES THAT I SENT YOU ABOUT CHARLIE'S AND GRAND CENTRAL AND THEIR, YOU KNOW, LIKE, HONESTLY WHAT ARE UNSAFE, YOU KNOW, FENCING SITUATIONS THAT ARE WHERE THEY'RE JUST LIKE NOT SECURING THEIR FENCES BECAUSE THAT MAKES 'EM A PERMANENT USE AND THEN, UM, THAT CREATES A PROBLEM. SO I'M JUST LIKE WONDERING HOW, YOU KNOW, CAN YOU SPEAK TO THOSE EXAMPLES? UM, AND, UH, IT FEELS LIKE MOBILE FOOD VENDORS IS LIKE LOW HANGING FRUIT FOR US TO, UM, ENCOURAGE CREATIVITY AND ENCOURAGE ADDITIONAL USES AND THINGS LIKE THAT. IT'S, IT'S DEFINITELY BEEN A PHASE TWO ITEM TO WORK THROUGH. WE, WE'VE RECOGNIZED THAT THERE'S BEEN A LOT OF DISCUSSION IN THE PAST ABOUT IT. THERE'S A LOT OF, I THINK, FRUSTRATION AND THAT THERE NEEDS TO, IT SEEMS LIKE, BASED UPON THE HISTORY OF THE MATTER, THAT WE NEED TO DO SOME, SOME ENGAGEMENT AND, UM, HAVE SOME CONVERSATIONS ABOUT IT WITH THE COMMUNITY. SO THAT'S WHY IT'S, IT'S BEEN A PHASE TWO ITEM. UM, I, I THINK THAT WHILE, WHILE THE ACTUAL ACT OF, YOU KNOW, DROPPING SOME CODE INTO THE ORDINANCE MAY, MAY BE STRAIGHTFORWARD, IT'S, IT SEEMS LIKE THERE'S QUESTIONS ABOUT WHAT ARE YOUR GOALS FOR IT, RIGHT? WHAT, WHAT ARE YOU STRIVING TO DO WITH IT IN TERMS OF, YOU KNOW, SENSE OF PLACE OR PROVIDING BUSINESS OPPORTUNITIES, SMALL SCALE BUSINESS OPPORTUNITIES, THINGS LIKE THAT. BECAUSE THAT, THAT COULD GET INTO SOME QUESTIONS ABOUT LOCATIONS. WHERE WOULD YOU ALLOW MOBILE FOOD TRUCKS TO SET UP? CAN IT BE ON ANY RANDOM STREET CORNER? IS THAT IT? IT SEEMS LIKE IF YOU, IF YOU ALLOW THEM TO SET UP ANYWHERE, THEN YOU'RE REALLY PURSUING THE BUSINESS OBJECTIVES OF IT. BUT IF YOU, IF YOU ALLOWED THEM IN CERTAIN LOCATIONS, CERTAIN PARTS OF TOWN, THEN YOU MIGHT BE MORE PURSUING SENSE OF PLACE OBJECTIVES. I, I DON'T THINK WE HAVE ANY OF THOSE, UM, GOALS OR [03:50:01] OBJECTIVES ESTABLISHED THAT DIRECTLY RELATE TO MOBILE FOOD TRUCKS, UM, TO THEN GENERATE THE CODE. SO I THOUGHT THERE WAS A, IN THE GENERAL PLAN, WE HAVE A GOAL AROUND MOBILE FOOD VENDORS, RIGHT? TO, TO INCREASE THE, OR TO REGULATE THEM, OR TO, THERE IS A, THERE IS A POLICY IN THERE. I MEAN, WE JUST NEED TO FIGURE OUT HOW BEST TO INCORPORATE INTO THE ZONING CODE. SO I HAVEN'T SEEN WHAT YOU SENT, BUT IF YOU WANNA HAVE THE CONVERSATION NOW, WE CAN. YEAH, THERE'S A POLICY THAT SAYS MODIFY THE CODE TO CREATE REGULATIONS AROUND ALLOWING MOBILE VENDORS. OKAY. I JUST FEEL LIKE I HEAR IT PRETTY REGULARLY THAT LIKE, WHEN WE'RE THINKING ABOUT ALLOWING BUSINESSES TO DO WHAT THEY DO, UM, THESE ARE THE THINGS THAT, LIKE I HEAR JUST TELLING YOU, LIKE, I MEAN, I TALK TO THESE PEOPLE ALL THE TIME AND, UH, LIKE THESE ARE THE THINGS THAT PEOPLE COMPLAIN ABOUT, YOU KNOW, LIKE, UM, HEY, WHY IS YOUR FENCE FALLING OVER? WELL, BECAUSE I CAN'T LIKE HARDEN IT. 'CAUSE THEY'LL COME OUT AND THEY'LL CITE ME FOR IT. LIKE, THOSE ARE PROBLEMS WITH OUR POLICIES. AND, UM, SO WELL, I APPRECIATE YOU'VE, YOU'VE, YOU'VE SUBMITTED, YOU KNOW, A, A DETAILED CODE REWRITE TO ALLOW AND REGULATE MOBILE FOOD TRUCKS. SO I'LL, I'LL HAVE TO LEAVE IT TO THE DIRECTOR IF HE, IF BRIAN WANTS TO ADD THIS TO THE WORK, I, I CAN'T IMAGINE THAT WE COULD GET THIS INTO IT BY AND GET IT PUBLISHED BY THE 23RD. THAT'S FINE. SO, ALL RIGHT. ARE WE READY TO TAKE UP, UM, CHAPTER SEVEN ALL, UH, COULD YOU PLEASE, UH, HELP US WITH WHAT DECISION POINT, UM, YOU'D LIKE ON THIS CHAPTER? I BELIEVE IT HAS SOMETHING TO DO WITH TELECOMMUNICATIONS, UH, PROHIBITION OR NOT? NO, NO. WE WERE, WE WERE CLEAR ON CHAPTER SEVEN. UH, WE HAD MODIFICATIONS OR AMENDMENTS TO UHHUH, , UM, THE CLUSTER DWELLINGS REGULATIONS. OKAY. REPEALING THE LARGE FAMILY DAYCARE AND THEN TELECOM. UM, WE, WE HAD TO ASSIGN MINOR MAJOR PERMIT REQUIREMENTS BASED UPON ZONE DISTRICTS SO THAT IT'S CONSISTENT WITH THE, UH, TELECOM ORDINANCE. BUT THE ONLY QUESTION WE HAD THERE IS, IS PROHIBITING IT IN THE URBAN SEPARATOR. AND I THINK AS WE WORKED THROUGH THAT, WE FELT THAT IT WOULD BE CONSISTENT WITH THE GOALS AND POLICIES FOR THAT URBAN SEPARATOR LAND USE DESIGNATION TO NOT ALLOW TELECOM WITHIN IT. COMMISSIONER EBNER, I THINK CHAPTER SEVEN WAS THE, UM, OBJECTIVE DESIGN STANDARDS. IS THAT CORRECT? RIGHT. AND THAT'S, AND THAT WAS WHERE WE HAD, WE HAD DONE THE FIT TEST MM-HMM . AND FOUND THAT THEY, UM, EVEN AT, AT TWO UNITS, YOU COULD STILL CONSTRUCT TO THEM AND IMPLEMENT THEM. OKAY. YEAH, I THINK, UM, YEAH, I GUESS AS LONG AS THEY'RE IMPLEMENTED, IT'D BE GREAT TO REVISIT THOSE DESIGN STANDARDS AT SOME POINT. I THINK WE HAD TABLED A REVISIT OF THOSE AT SOME POINT. DO WE KNOW WHEN THAT'S GONNA MAKE IT HERE? ESPECIALLY AS WE EXPAND THE SPAR EXEMPTION? IT, IT WOULD BE PHASE THREE OR PHASE TWO. UH, BUT AGAIN, WE'VE, WE'VE GOT THE STANDARDS THAT HAVE BEEN ADOPTED AND, AND WE'VE DEMONSTRATED THAT, YOU KNOW, EVEN SMALL SCALE RESIDENTIAL COULD, COULD DEVELOP TO THEM. SO, UM, AND I KNOW THAT WAS A CONCERN BECAUSE I KNOW THE COMMISSION WANT, DIDN'T WANT TO ACCEPT THOSE STANDARDS, UM, FOR MANY RESIDENTIAL DEVELOPMENT. ANY OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS? UM, I HAVE A, A SMALL QUESTION. UH, SHORT-TERM RENTALS ARE MENTIONED IN THIS CHAPTER. WHAT'S THE, WHAT'S THE STATUS FOR, DOES SOMEONE NEED A, A CONDITIONAL USE PERMIT TO HAVE A SHORT-TERM RENTAL? WHAT? NO, WE HAVE A, UH, SHORT-TERM RENTAL PERMIT. OKAY. AND SO THEY INITIALLY REQUEST OR, OR SUBMIT AN APPLICATION, UM, TO, TO RECEIVE A SHORT-TERM RENTAL PERMIT. UM, THAT APPLICATION IS [03:55:01] REVIEWED. THERE'S, UM, AS AS DESCRIBED IN THAT SECTION, THERE'S A FAIR NUMBER OF STANDARDS THAT SHORT TERM VACATION RENTALS HAVE TO COMPLY WITH. AND THEN THAT PERMIT RENEWS, THEY HAVE TO, UH, SUBMIT A RENEWAL APPLICATION EACH YEAR. OKAY. AND SO THAT CALL FOR, UH, TYPICALLY AN OCTOBER NOVEMBER TIMEFRAME, ALL CURRENT APPLICANTS ARE NOTIFIED OF, UM, THE NEED TO RENEW, AND THEN THEY SUBMIT THEIR RENEWALS IF THEY'RE, IF THEY'RE PLANNING TO CONTINUE THEIR SHORT-TERM RENTAL ACTIVITIES. OKAY. AND, UH, THEN IF THEY'RE IN GOOD STANDING AND IF THEY'VE PAID ALL OF THEIR, THEIR, UH, TOT TAXES AND SO FORTH, THEN UM, THAT PERMIT IS RENEWED AND THE, THE GENERAL PLAN DOES NOTHING TO ALTER THAT REGIME. SO WE WE'RE JUST NOT MODIFYING THAT ORDINANCE AT ALL DURING THIS HAVEN'T, I DON'T BELIEVE, I HAVEN'T REALLY, SORRY, BEEN MORE FOCUSED ON RESIDENTIAL AND SINCE I HAVEN'T BEEN, I DON'T BELIEVE THERE'S ANYTHING SPECIFIC IN, UM, THE GENERAL PLAN ABOUT SHORT TERM VACATION RENTALS THAT IS POPPING. UM, ALTHOUGH THERE IS STUFF ABOUT, UH, MORE OPPORTUNITIES WITHIN NEIGHBORHOODS FOR A MIX OF USES AND OPPORTUNITIES. UM, SO WHETHER FOR NON-RESIDENTIAL RELATED USES AND OPPORTUNITIES WITHIN RESIDENTIAL NEIGHBORHOODS, UM, THERE IS, SO, WHICH THE, WHICH COULD, COULD, WHICH THEY WOULD ALREADY HAVE THROUGH THE SHORT TERM RENTAL PROGRAM. RIGHT. BUT THERE WASN'T, AND I DON'T RECALL THAT THERE WAS ANYTHING SPECIFIC THAT SAID, LIKE ADOPT MODIFICATIONS TO SHORT TERM VACATION RENTALS SPECIFICALLY. GOOD. THANK YOU. THAT'S, THAT'S ALL I HAVE. UH, COMMISSIONER MOSES, UM, IS THIS THE CHAPTER TO TALK ABOUT THE PARKING RULES OR IS THAT THE NEXT, THAT'S 11. IS THAT 11 JUST IN RELATION TO THE PUBLIC COMMENT THAT WE RECEIVED? MM-HMM . SHOULD THAT BE FOR 11 OR FOR HERE, RIGHT, RIGHT. NO, IT'S, IT'S 11, BUT IT'S SO READY TO HEAD ON. WE DO NOT NEED ANY STRAW POLL FOR CHAPTER SEVEN. WE WILL NOW PROCEED TO CHAPTER 11. I SEE NO OBJECTIONS FOR THAT. LET'S GET THIS DONE. OKAY. SO I THINK THE PUBLIC COMMENT THAT WAS BROUGHT UP WAS ABOUT THE NEED TO REDUCE THE MINIMUM PARKING REQUIREMENT TO SUPPORT, UH, INFILL DEVELOPMENT. AND THAT WAS DURING OUR TEST FIT WORK. WE DID IDENTIFY THAT AS, UM, UH, A LIMITATION TO INFILL DEVELOPMENT, SOMETHING THAT NEEDS TO BE, UH, WORKED THROUGH, WHETHER THAT'S TO REDUCE THE MINIMUM PARKING REQUIREMENT OR ALLOW PARKING TO BE ESTABLISHED IN SETBACKS. UM, BUT WE DIDN'T DIVE INTO THAT. UM, BUT WE DO KNOW THAT IT'S SOMETHING THAT NEEDS TO BE ADDRESSED. DO YOU NEED FEEDBACK ON A DIRECTION ON THAT, OR IS THAT, WELL, UM, RIGHT, IF YOU, IF YOU HAVE SOME SPECIFIC DIRECTION WE CAN WRITE IT IN. WE, WE DIDN'T, WE HAVEN'T HAD THE OPPORTUNITY TO GET INTO WHAT WOULD IT LOOK LIKE TO REDUCE THAT MINIMUM PARKING REQUIREMENT OR EVEN ELIMINATE IT? UM, I THINK THE CHALLENGE WITH ELIMINATING IT IS THAT WE WOULD HAVE TO HAVE SOME SORT OF, I THINK, PROGRAM OR IF WE HAD THAT NEIGHBORHOOD HOUSING PATHWAY AND WE HAD DIMENSIONS OR, OR OR FRAMEWORK AROUND THAT. AND THEN WE SAID IF YOU, IF YOU PARTICIPATE OR, OR YOU APPLY FOR INFILL DEVELOPMENT THROUGH THE NEIGHBORHOOD HOUSING PATHWAY, THEN YOU MIGHT MIGHT NOT HAVE A MINIMUM PARKING REQUIREMENT. I THINK RIGHT NOW, THE WAY THAT WE'RE TRYING TO GO ABOUT IN PHASE ONE OF IMPLEMENTING WHAT THE GENERAL PLAN IS REQUIRING US TO IMPLEMENT AND DOING IT CITYWIDE, WE HAVEN'T BEEN ABLE TO BUILD THAT FRAMEWORK WHERE WE COULD GET TO HOW WE MIGHT DELIVER, UH, A PARKING EXEMPTION TO INFILL. UM, AND WE HAVEN'T STUDIED THE IMPACTS OF AN, OF AN EXEMPTION ON, ON, YOU KNOW, COMMUNITIES ON NEIGHBORHOODS WHERE INFILL MIGHT HAPPEN. I, I I, I MIGHT GO ON TO ADD THAT WE TYPICALLY, [04:00:01] WHEN LARGER SCALE DEVELOPMENT IS PROPOSED, WHAT WE HEAR FROM DEVELOPERS IS THAT THERE'S NO, THAT THERE, THERE HAS TO BE PARKING AND THEY'VE BEEN WANTING TO PARK IT AT 1.75 TO TWO, TWO SPACES PER UNIT. AND SO I WOULD THINK THAT IN THESE EARLY STAGES WHERE WE ARE CREATING OPPORTUNITIES FOR SMALL SCALE INFILL DEVELOPMENT, I WOULD ANTICIPATE THAT THE PROJECTS COMING FORWARD ARE GOING TO BE VERY CONSCIOUS OF THE NEED TO PARK THEM, WHETHER WE REQUIRE PARKING OR NOT. UM, AND, AND THERE'S PROBABLY INFILL DEVELOPMENT OPPORTUNITIES OUT THERE THAT, THAT DO HAVE SPACE ON PARCELS TO PARK THEM. NOW, HAVING SAID THAT, UM, IS, YOU KNOW, IF WE'RE LOOKING AT CLUSTER DEVELOPMENT AND WE'RE REQUIRING ONE COVERED SPACE IN TWO UNCOVERED SPACES PER UNIT IS, YOU KNOW, COULD THAT BE SCALED BACK AND RE AND RECALIBRATED FOR, UM, SOME SMALLER SCALE INFILL DEVELOPMENT? I, I THINK CERTAINLY IT COULD AND IT SHOULD, BUT I DON'T KNOW WHAT THAT RECALIBRATION WOULD LOOK LIKE RIGHT NOW TO, TO, AGAIN, TO DO THAT BY NEXT WEEK. UM, I ALSO WANTED TO POINT OUT THAT THIS IS AN ITEM THAT'S IN THE HOUSING ELEMENT, UM, AS AN ACTION. UM, ONE OF THE THINGS THAT I, I'M SURE HAS COME UP BEFORE IS THERE'S CERTAIN OF THESE TOPICS THAT HA IS MORE OF AN INTEREST TO THE COMMUNITY. SO OPENING UP THE PARKING CHAPTER, WE ANTICIPATED THAT BEING SOMETHING THAT THERE IS GOING TO BE KIND OF A BROADER, UM, RANGE OF PEOPLE WHO WOULD LIKE TO PARTICIPATE IN THAT DISCUSSION. AND MUCH OF THESE UPDATES WITH PHASE ONE, WE'RE TRYING TO GET IT QUICKLY TO IMPLEMENT THE BASICS AND THE GENERAL PLAN. SO NOT A, UM, LACK OF AWARENESS THAT THIS IS SOMETHING THAT NEEDS DONE. WE HAVE OUR POLICY DOCUMENTS THAT TALK ABOUT IT. UM, BUT THERE'S CERTAIN, THAT'S KIND OF THE SAME THING WITH FOOD TRUCK REGULATIONS. THE THOUGHT WAS THAT THERE'S PROBABLY PEOPLE IN THE COMMUNITY WHO WANNA BE PART OF THAT DISCUSSION. UM, AND MUCH OF WHAT'S BEEN HAPPENING IN PHASE ONE HAS BEEN VERY TARGETED TO IMPLEMENTING DECISIONS THAT HAVE ALREADY BEEN MADE IN THE GENERAL PLAN. UM, SO THAT'S WHY SOME OF THOSE THINGS, WHICH WE'RE ALL ANXIOUS TO GET TO, ARE BEING TALKED ABOUT AS BEING PUSHED TO PHASE TWO SO THAT WE CAN DO SOME OF THAT ADDITIONAL DIALOGUE, UM, CREATIVE THINKING, UM, COMMUNITY OUTREACH AS PART OF THAT. YEAH. UH, AND TO HEATHER'S POINT ABOUT, YOU KNOW, WE DO HAVE SOME INSTRUCTIONS. SO IF YOU LOOK AT THE CHAPTER 11 RED LINE UNDER DWELLINGS, UM, MULTIPLE HOUSEHOLD STUDIO AND EFFICIENCY UNITS ARE REDUCED FROM ONE SPACE PER UNIT TO A HALF SPACE PER UNIT. UH, ONE BEDROOM UNITS, UM, ARE AT ONE SPACE PER UNIT COVERED OR UNCOVERED, AND TWO OR MORE BEDROOM UNITS ARE AT 1.5 SPACES PER UNIT. WE ALSO HAVE SOME REDUCTIONS FOR, UM, SENIOR HOUSING STUDIO AND EFFICIENCY UNITS, THE SAME ONE HALF SPACE PER UNIT AND ONE OR MORE BEDROOM UNITS 0.75 SPACES PER UNIT. SO THAT IS, THAT IS GOING TO HAVE AN EFFECT ON MULTIFAMILY DWELLINGS AND ON SENIOR, BUT IT'S, IT'S NOT GOING TO REACH DOWN INTO, I THINK THAT SMALL SCALE INFILL, UM, THE CLUSTER DEVELOPMENT. IF, IF WE'RE, YOU KNOW, IF SOMEBODY'S DOING SINGLE FAMILY ATTACHED ON A QUARTER ACRE LOT OR SOMETHING LIKE THAT, I LIKED THE IDEA THAT YOU POSED OF, OF IF YOU'RE SORT OF HEADING DOWN THAT NEIGHBORHOOD INFILL PATHWAY, YOU'RE, YOU'RE OFFERED SOME RELIEF , UM, IN, IN A VARIETY OF DIFFERENT WAYS GIVEN THAT THAT IS THE SORT OF, UM, TYPE OF, OF DEVELOPER AND PROJECT THAT WE'RE WISHING TO ENCOURAGE. RIGHT. LIKE, LET'S, LET'S GIVE THEM SOME INCENTIVES AND, AND THANK YOU THAT THAT HAS BEEN SORT OF COUPLE OF THINGS. AB 2097 APPLIES. SO IF YOU'RE INFILL WITHIN HALF A MILE OF, UM, TRANSIT, THAT BEING OUR, YOU KNOW, DOWNTOWN AND NORTH STATION, THEN WE CAN'T APPLY A PARKING MINIMUM. SO YOU HAVE THAT BENEFIT. UM, BUT THEN, BUT THEN PART OF THAT NEIGHBORHOOD PATHWAY WE COULD LOOK AT SAYING, YOU KNOW, IF YOU'RE ALONG A, A TRANSIT CORRIDOR, SAY WASHINGTON STREET OR MCDOWELL, MAYBE YOU'RE WITHIN A QUARTER MILE OF THAT CORRIDOR, THEN WE ELIMINATE THE MINIMUM PARKING REQUIREMENT, RECOGNIZING THAT WE'RE ENCOURAGING YOU TO, YOU KNOW, TO USE TRANSIT AND TO BE TRANSIT SUPPORTIVE IN A LOCAL MANNER THAT'S NOT DEPENDENT ON THE STATE REQUIREMENTS. SO I THINK WE [04:05:01] CAN, UM, GET TO RECALIBRATING THOSE, THOSE MINIMUM PARKING REQUIREMENTS OR, OR ELIMINATING THEM FOR QUITE A BIT OF, OF THE CITY. UM, BUT AGAIN, TO HAVE IT HAVE THE STRUCTURE OF THAT NEIGHBORHOOD HOUSING PROGRAM WOULD BE REALLY ADVANTAGEOUS. ARE THERE ANY OTHER QUESTIONS OR COMMENTS FROM COMMISSIONERS ON THIS? DO YOU, WHAT UH, DECISION POINTS DO YOU HAVE FOR US ON CHAPTER 11? UM, WE HAD A, UH, YOU KNOW, PREVIOUSLY WE HAD DISCUSSED THE SHARED PARKING, THE DIRECTOR LEVEL REVIEW AND APPROVAL OF OH YEAH. UH, SHARED PARKING REQUESTS. THE, UM, COMMISSION WAS SUPPORTIVE OF THAT DURING THE STUDY SESSION. SO IT'S OUR INTENT TO BRING THAT FORWARD. WE NEED A STRAW POLL TO DO THAT, OR WE'RE GOOD WITH OUR PRIOR RECOMMENDATION. ALRIGHT. WE'RE GOOD. GREAT. UM, I THINK IF WE GO ON FROM THERE THEN WE, WE GET TO, UH, CHAPTER 24. OKAY. UM, I WANNA PAUSE FOR A MOMENT AND, AND PULL THE, THE COMMISSION. UM, SO WE HAD A COMMENT EARLIER TONIGHT OR YOU KNOW, A PUBLIC COMMENT, UM, ABOUT THE COMPRESSED SCHEDULE AND THE, UM, YOU KNOW, PUBLIC'S INTEREST AND HAVING MORE TIME TO DIGEST SOME OF THE THINGS THAT, THAT ARE HAPPENING HERE. UM, AND I THINK, UH, THAT SAME SENTIMENT APPLIES TO THE COMMISSION'S CAPACITY TO, UH, PROCESS AND WORK ON THIS, UH, ESPECIALLY SINCE IT'S 11 O'CLOCK, WE'RE COMING UP ON 11. UM, GIVEN THAT, UH, I LIKE TO SUGGEST, UM, THAT WE CONSIDER A JOURNEY NOW, UH, AND TAKE UP, WELL, WE'RE ABOUT TO TAKE UP CHAPTER 24, TAKE THAT UP IN OUR SEPTEMBER 29TH, YOU KNOW, THE REST OF WHAT WAS PLANNED FOR TONIGHT INTO THE 29TH. AND, UM, UH, THAT WE ALSO, UM, YOU KNOW, HAVE A TENTATIVE THIRD MEETING SET FOR, I THINK THERE'S ROOM BETWEEN WHEN THE, THE COM UH, THE CITY COUNCIL WOULD TAKE THIS UP ON OCTOBER. SO LIKE, THERE'S ROOM FOR US TO DO A THIRD MEETING. IS THAT RIGHT? YOU'RE REACHING FOR A, A MICROPHONE? YEAH, I MEAN, WE CAN KEEP CONTINUING IT. UM, THERE WAS JUST, I GUESS THE ONLY CONCERN WAS THE DATA CENTERS. WE KIND OF TOLD CITY COUNCIL WE'D BE BACK IN OCTOBER TO ADDRESS THAT, BUT I DON'T THINK THAT'S REALLY A CONCERN 'CAUSE THEY'RE NOT IN ALLOWED USE HERE. UM, I THINK MAYBE THE ONE FEEDBACK, ANDREW, BRIAN, HEATHER, LET ME KNOW IS WHETHER OR NOT WE'RE ON THE RIGHT PATH AND TRACK FOR CHAPTER 29 AND IF SO, TO CONTINUE THAT OR IS THERE ANY OTHER FURTHER DIRECTION THAT WE NEED TONIGHT IN THE NEXT MINUTE OR TWO? I, I THINK THAT'S A, A GREAT THOUGHT. WE, IT WOULD BE GOOD TO HAVE A STRAW POLL ON CHAPTER 29. OKAY. HOW, HOW WE'RE DOING WITH THAT. UM, OKAY. UM, HEARING DYLAN'S POINT, I THINK WE'RE DEFINITELY ON TRACK TO ADDRESSING THE CHAPTER 28, THE GLOSSARY DEFINITION OF DATA CENTER AT OUR NEXT MEETING WITH WITHOUT A DOUBT THAT THAT WOULD COME UP PRETTY QUICKLY. SO, SO STAFF WOULD LIKE, BECAUSE YOU'VE BEEN WORKING HARD ON CRAFTING THIS CREATIVE SOLUTION, YOU WOULD LIKE A STRAW POLL TO JUST FROM US TO, IF YOU'RE ON THE RIGHT TRACK AND WE LIKE IT. YES. YEAH. MM-HMM . OKAY. MM-HMM . UM, SO, SO BEFORE WE ADJOURN, WE ARE GONNA SHIFT AND WE'RE GONNA TAKE UP CHAPTER 29, AND THEN WE'RE GONNA KNOCK THAT OUT AND THEN WE'RE GONNA ADJOURN. IS EVERYONE OKAY WITH THAT PLAN WHERE WE ADJOURN BEFORE COMPLETING THE PLANNED AGENDA TONIGHT AND WE CARRIED OVER AND THEN WE ALSO HAVE A TENTATIVE THIRD MEETING? UH, WE'RE A THUMBS UP FOR THAT. OKAY. ALL RIGHT. I LOVE IT. OKAY. UM, CHAPTER 29, ARE THERE ANY QUESTIONS OR COMMENTS ON THIS MICRO? OKAY. UH, I SEE, UM, COMMISSIONER MOSES. AND THEN WE HAVE, UH, COUNCIL MEMBER BARNACLE. ANYBODY ELSE WANNA COMMISSIONER AND CHAIR BEFORE WE GET INTO IT? [04:10:01] OUR PLANNING COMMISSION RULES AND REGULATIONS? IF WE WANTED TO EXTEND PAST 11, WE WOULD HAVE TO TAKE A VOTE. SO, GOOD CATCH. I DON'T KNOW HOW IN DEPTH WE NEED. I WAS THINKING MAYBE JUST, ARE WE IN THIS THE RIGHT DIRECTION? UNLESS YOU GUYS WANNA CONTINUE PAST 11? YEAH, I MEAN, I, I DON'T KNOW THAT WE NEED TO DIVE INTO ALL OF IT. I THINK WE JUST NEED TO KNOW WHETHER YOU WANNA PRE PROCEED WITH THE STRATEGY WHERE WE LOOK AT THE, WHERE WE PREPARE AN OPERATIONAL CHARACTERISTICS CHAPTER AS OPPOSED TO GOING BACK TO TRADITIONAL LAND USE TABLE METHOD FOR THIS NEW DESIGNATION. UNDERSTOOD. UNDERSTOOD. SO I THINK THAT'S THE DECISION POINT WE REALLY NEED TONIGHT. AND IF SOMEBODY HAS SOME QUICK FEEDBACK THERE, LIKE GREAT, WE GONNA, WE'RE GONNA, WE'RE GONNA SEE IF WE CAN DO THIS IN FIVE MINUTES AND IF WE GET TO 11, THEN WE'RE GONNA PAUSE AND DO A MOTION. SO, UH, COMMISSIONER MOSES, MY COMMENT IS, I LIKE THE STRATEGY OF FOCUSING ON OPERATIONAL CHARACTERISTICS AS OPPOSED TO A TRADITIONAL LAND USE TABLE. MY QUESTION IS, UM, HOW WOULD HERITAGE SALVAGE BE TREATED IN THE SPECTRUM THAT YOU LAID OUT? I, IT'S HARD FOR ME TO ANSWER THAT. NOT KNOWING ALL THE DETAILS OF WHAT THEY DO. THEY WOULD EITHER BE A MINOR USE PERMIT OR A CONDITIONAL USE PERMIT, IS MY GUESS. AND THERE'S, THERE'S SO MANY FACTORS. AGAIN, IT'S GOING THROUGH AND FIGURING OUT, AND I KNOW THAT IT SOUNDS LIKE YOU'RE GETTING LESS CERTAINTY, BUT HAVING A BACKGROUND IN ECONOMIC DEVELOPMENT, WORKING WITH BUSINESSES FOR FAR LONGER THAN I WAS EVER A PLANNER, AND THEN BEING THE COUNTER PERSON WHO TALKS TO PEOPLE WHEN THEY COME TO THE COUNTER, I THINK WHAT THIS CODE DELIVERS IS A BETTER SOLUTION OF RIGHT SIZING THE PERMIT. SO I, AGAIN, I HESITATE TO TELL YOU BECAUSE AGAIN, I HAVEN'T WALKED THEIR FACTORY. I DON'T KNOW WHAT THEY DO THERE. AND I KNOW THEY HAVE BAND SAWS, SO I KNOW THEY'VE GOT HEAVY EQUIPMENT. UM, I KNOW THEY HAVE A COMBINATION OF PEOPLE COMING AND GOING, BUT I DON'T KNOW WHAT THAT IS. AND I, I WOULD ADD TO THAT, BASED UPON THE WORK WE DID WITH 'EM OVER THE PAST TWO OR THREE YEARS, THAT IT, IT WOULD BE A MINOR MAJOR, LIKELY, I THINK A MINOR BASED UPON EMPLOYEE COUNT. UM, BUT I THINK WHAT'S MORE IMPORTANT IS IT WOULDN'T REQUIRE ZONING MAP AMENDMENT OR, OR ANY OTHER LEGISLATIVE ACTION IN ORDER TO SUPPORT THEM. AND THAT WOULD BE A HUGE WIN. SO I LIKE THAT. MM-HMM . I LIKE THAT, THAT, UM, I STRUGGLE WITH THE IDEA OF, UM, NOT BEING ABLE TO TELL PEOPLE BECAUSE IT'S THERE, THERE'S, IT FEELS LIKE THERE'S GONNA BE PEOPLE THAT ARE GONNA SAYING LIKE, WHAT THE HELL? RIGHT? AND THEY'RE GONNA BE SAYING, I'M TREATED UNFAIRLY. I SHOULD BE A MINOR USE PERSON. WELL, AND WHAT, UM, I'VE BEEN A AMY SGE, OUR FIRE MARSHAL HAS ACTUALLY DRAFTED A PRELIMINARY CHECKLIST. SO THE IDEA IS THERE'S A CHECKLIST, AND AGAIN, THEY'RE, THEY'RE ALL BASED ON VERY OBJECTIVE MEASURES, THAT IT'S NOT THE, THE, THE THE, AND THAT'S ONE OF THE REASONS WE'RE RELYING ON THINGS LIKE THE OCCUPANCY LOAD. ON THE OCCUPANCY CLASSIFICATION NOISE IS BASED ON THE PERFORMANCE STANDARDS THAT ARE WRITTEN INTO THE EXISTING CODE. AND THERE'S A TABLE WHERE YOU HAVE THAT POTENTIAL NOISE WRITTEN OUT IN ACTUAL NUMBERS. UM, AND, AND SO, AND, AND THE INTERESTING THING ABOUT THIS TOO IS THAT THERE'S, IF, IF YOU'RE LOOKING AT SOMETHING LIKE INFILL, EVEN IF YOU'RE IN A CONDITIONAL USE, AND I KNOW ONE OF THE BIG THINGS THAT WE WORRY ABOUT AS THE BUSINESSES, THE APPLICANTS AS CONDITIONAL USE PERMIT IS THEN, OKAY, WHAT HAPPENS WITH CQA? AND IF YOU'RE TALKING ABOUT BUILDING A WHOLE NEW FACTORY ON A VACANT PARCEL, I MAY NOT BE ABLE TO HELP YOU, BUT I, I DON'T KNOW, IT'S, THERE'S TOO MANY FACTORS. BUT IF YOU'RE TALKING ABOUT INFILL AND YOU'RE SAYING, OKAY, YES, YOU NEED A CONDITIONAL USE PERMIT, BUT THE WAY IT'S SET UP IS, IS BECAUSE OF THE TYPES OF THINGS THAT WE'RE LOOKING AT, YOU'RE CREATING CONDITIONS ON THE CONDITIONAL USE PERMIT THAT THEN GIVE YOU A LOT OF FLEXIBILITY WITH WHERE YOU CAN GO FROM THERE. SO IT'S NOT, IT'S NOT LIKE A COMMISSIONER, IT, IT, IT GIVES, WE'RE ADDRESSING THOSE IMPACTS AND REDUCING THEM IN, IN THE PERMITTING PROCESS. SO IT REALLY DOES ADD ADDITIONAL STREAMLINING. SORRY. OKAY. I'M GONNA PAUSE, PAUSE IT HERE. WE NEED A MOTION TO GO PAST 11. MOTION TO GO TO 1115. OKAY. WE HAVE A MOTION FROM COMMISSIONER MOSES TO, UH, GO PAST 11, BUT NOT PAST 1115. I'LL SECOND THAT. OKAY. WE HAVE A SECOND. AND MAYBE AS PART OF THAT MOTION JUST TO SAVE TIME, WE ALSO GET A MOTION TO CONTINUE THIS MEETING TILL SEPTEMBER 29TH OR THIS ITEM, [04:15:02] A MOTION TO GO PAST 11, NOT PAST 1115 AND CONTINUE THIS ITEM AND THE REST OF THE AGENDA TO SEPTEMBER 29TH OR A FUTURE MEETING, IF SO, NEEDED TO BE RESCHEDULED. CAN I SECOND THAT? NOW? WE HAVE A SECOND FROM COMMISSIONER EBNER AND STAFF, THERE'S NO PROBLEM OF US, YOU KNOW, UH, DEFERRING STAFF COMMENT, PORTION OF THE AGENDA. THERE'S NOTHING URGENT THAT YOU NEED TO SHARE WITH US. OKAY. ALRIGHT THEN, UH, CAN WE HAVE A, A ROLL CALL VOTE ON THE MOTION, PLEASE. COMMISSIONER EBNER? YES. COMMISSIONER GOLDMAN? YES. COMMISSIONER HILT? YES. COMMISSIONER MO MOSES? YES. COMMISSIONER NOY GEBAUER? YES. COUNCIL MEMBER BARNACLE? YES. CHAIR NEWELL? YES. MOTION PASSED. ALRIGHT, WE GOT 15 MINUTES. LET'S KNOCK THIS OUT. UM, COMMISSIONER NOY GEBAUER, UH, NOTHING ON THE MAKER. UH, MAKE A MICRO, THE STRATEGY SEEMS FINE. UH, WITH THE DATA CENTERS, UM, I WOULD LIKE TO SEE DISCUSSION OF ENVIRONMENTAL IMPACT AND RESOURCE USAGE JUST BEYOND THE BUSINESS TYPES. UM, BEYOND THAT, THESE STRATEGY SEEMS FINE. ANY OTHER QUESTIONS OR COMMENTS ABOUT MAKE OR MICRO, I GUESS THE MENTION OF THE 300 OCCUPANT LOAD, UH, BEING THE CEILING, UM, AND ANYTHING BEYOND THAT I GUESS IS PROHIBITED THAT I UNDERSTAND THAT COMES FROM BUILDING CODE OR, OR FIRE CODE? IT FEELS HIGH AND I, I THINK THERE IS VALUE IN BEING CONSISTENT JUST BETWEEN AN OCCUPANT TYPE AND SPECIFIC BUILDING CODE RESTRICTIONS, BUT I'M WONDERING IF THAT 300, AGAIN, IT'S HYPOTHETICAL, BUT IT, IT STILL FEELS HIGH TO ME. IT, IT CAN ABSOLUTELY CHANGE. AGAIN, I WAS AS A STARTING PLACE AS A TECHNICIAN, THAT WAS WHERE I WENT. BUT THE, THE BEAUTY OF THE COMMISSION IS THAT YOU'RE HERE TO PROVIDE THAT COMMUNITY KNOWLEDGE. ALL THE THINGS YOU GUYS BRING. SO HAPPY TO CHANGE THAT. UM, WAS, EXCEPT FOR THAT, UM, I HAVE A, A COMMENT. UM, I, I HAVE AN ISSUE WITH INCLUDING, UH, CANNABIS AND ADULT, UM, UH, ORIENTED, UH, OPERATIONS IN THE MAKER MICRO, UM, CATEGORY. UM, MY UNDERSTANDING OF THE CITY'S, UM, CANNABIS DISPENSARY ORDINANCE IS THAT THE NUMBER OF UNITS ARE LIMITED. AND THERE WAS A LOT OF DISCUSSION ABOUT THAT. I PERSONALLY HAVE A PROBLEM WITH ALL THREE OF THEM BEING ON THE EAST SIDE. UM, SO I AM PRETTY RELUCTANT TO HAVE, YOU KNOW, A, A USE LIKE A CANNABIS DISPENSARY, UM, AND, UH, ADULT ORIENTED BUSINESS BE SOMETHING THAT CAN BE, UM, PERMITTED ADMINISTRATIVELY OR, UM, AS A MICRO MAKER. SO THAT'S, THAT'S MY COMMENT. WE'LL CHECK YOU'RE ABSOLUTELY RIGHT. CHAIR THAT THERE'S ONLY THREE CANNABIS RETAILERS PERMITTED AND THEY WOULD REQUIRE OUR OWN CANNABIS PERMIT. IS THAT WHAT WE CALL IT? I THINK RETAIL PERMIT, I GUESS. UM, SO I WOULD THINK THAT ON THE OFF CHANCE THAT ONE OF THE THREE LEAVES AND DOESN'T RENEW THEIR PERMIT, THEN IT WOULD JUST GO TO A FIRST COME FIRST SERVE BASIS. I DON'T KNOW. BUT ANYONE THAT WOULD APPLIES FOR THE MICRO MAKER WOULD STILL NEED TO, UH, I NEED TO OBTAIN ALL THE OTHER PERMITS THAT ARE REQUIRED THROUGHOUT THE CITY. SO THERE WOULD BE THAT SAFEGUARD. UM, BUT YEAH, I GUESS TOTALLY PLANNING COMMISSION'S DISCRETION IN CITY COUNCILS ABOUT WHETHER OR NOT WE EVEN WANT TO HAVE THAT BE AN OPPORTUNITY, I GUESS. I THINK IT'S UNLIKELY, BUT YEAH, SO WE, I I THINK IT'S STILL EARLY. UM, WE HAVE THREE, SO WHAT DYLAN, OUR CITY ASSISTANT CITY ATTORNEY'S REFERRING TO IS WE HAVE THREE LICENSES. WE WENT THROUGH A COMPETITIVE EVALUATION. THEY'VE SPENT QUITE A BIT OF INVESTMENT TO GET UP AND RUNNING. AND SO IT'S FAIRLY EARLY AND I WOULDN'T ANTICIPATE WITH ALL THE, THE TI WORK THAT WENT INTO IT THAT THEY WOULD ENTERTAIN, UM, A [04:20:01] RELOCATION. BUT WE DO HAVE THIS NATURAL BUILT IN HARD STOP THAT WE HAVE THREE LICENSES. SO I WOULD, I WOULD THINK, AND I WOULD ENCOURAGE US IF THERE IS A CONSIDERATION TO EXPAND, WE MAY WANT TO HAVE A LARGER CONVERSATION ABOUT RETAIL CANNABIS. AND YOU KNOW, IS IT, DO WE LIFT THE CAP? I MEAN, THERE'S A COUPLE OTHER THINGS THAT WE SHOULD BE THINKING ABOUT. AND THERE IS A BUFFER ZONE I WOULD IMAGINE. IS IT A THOUSAND FEET, 500 FROM TWO DIFFERENT SCHOOLS AS WELL AS PARKS AND OTHER KIND OF RECREATIONAL CHILD. SO I DON'T EVEN KNOW IF WE LOOKED AT THE 29 PARCELS, WHETHER OR NOT WITH THE BUFFER THAT WOULD EVEN BE A PERMITTED. SO WE'LL COME BACK, I GUESS WITH A BETTER ANSWER ABOUT EVEN WHETHER IT'S POSSIBLE WITH THE BUFFER. YEAH, I MEAN THAT'S ASSUMING THAT WE WANT TO RECOMMEND THAT IT IS, UH, ACCEPTABLE USE IN A MAKER MICRO, RIGHT. YEAH. UM, SO YEAH, I, I THINK I'M PRETTY CLEAR ABOUT THAT. I WON'T CONSUME ANY MORE OF, UH, THE TIME WITH THAT COMMENT. BUT ARE, ARE THERE ANY OTHER QUESTIONS OR COMMENTS FROM, UH, COMMISSIONERS? UH, COMMISSIONER MOSES? YEAH, I THINK THE, UM, CANNABIS CONVERSATION WAS VERY ROBUST AND WE PUT A LOT INTO IT. SO I, I AGREE THAT THAT PROBABLY SHOULD BE CARVED OUT. UM, WHEN THIS COMES BACK, I WOULD LIKE TO HEAR MORE ABOUT THE ALCOHOL CARD ROOMS AND ADULT ENTERTAINMENT CHOICES. UM, FOR MY MIND, IF WE'RE TALKING ABOUT HAVING MAKE OR MICRO BE THIS LIKE REALLY OPEN, FLEXIBLE, THOSE SEEM LIKE KIND OF PURITAN CARVE OUTS , UM, GIVEN THAT THIS IS LIKE RIVER, LIKE THE, THE, THE 20 SOME LOTS THAT ARE CURRENTLY MARKED MAKER MICRO ARE, ARE LIKE BY THE RIVER, YOU KNOW, NOT NECESSARILY EMBEDDED IN THE NEIGHBORHOOD. , UM, EXPLICITLY NOT GOOD FOR RESIDENTIAL. SO A CARD ROOM DOESN'T SEEM THAT FAR OFF FROM AN APPLICABLE USE. UM, SO I JUST WOULD WANNA HEAR MORE ABOUT THAT. UM, AND THEN THE OTHER THING I'LL PUT ON THE TABLE FOR THE NEXT MEETING IS DO WE STILL NEED FLEX IF WE'VE MADE MAKER MICRO, SO, UH, OPERATIONAL CHARACTERISTICS DRIVEN, WOULD FLEX STILL MAKE SENSE TO HAVE ON THE MENU? DON'T HAVE TO ANSWER THAT RIGHT NOW, BUT I'M JUST PUTTING IT OUT THERE. WELL, THE, THE FLEX IS A LAND USE DESIGNATION THAT'S NOT BEING IMPLEMENTED, RIGHT. IT'S SITTING THERE SORT OF SILENTLY. SO ARE YOU SAYING THAT TO NOT HAVE IT AS A LAND USE DESIGNATION? IS THAT YOUR MY RECOLLECTION OF OUR CONVERSATIONS AROUND FLEX IS THAT WE WANTED IT TO BE ON THE MENU SO THAT IF AND WHEN THE HISTORIC AG NEEDED A REZONING, WE HAD SOMETHING TO GIVE IT. SO IF WE ARE NOW MAKING MAKER MICRO A POTENTIALLY APPROPRIATE MENU ITEM FOR THE REZONING OF HISTORIC AG, DO WE STILL NEED FLEX? SHORT ANSWER IS, I WOULD, I WOULDN'T RUSH TO REMOVE IT. I MEAN THE PURPOSE WAS FOCUSED ON OUR HISTORIC AG SUPPORTING DISTRICTS. AND SO I THINK I'D WANT TO BETTER UNDERSTAND, OKAY, IF, IF THAT GETS TAKEN OFF AND WE ROLL MAKER MICRO INTO, UM, WOULD THE REGULATIONS OF MAKER MICRO, I KNOW WE JUST TALKED AT LENGTH ABOUT PERMITTED USES, BUT THERE'S OTHER THINGS, DEVELOPMENT STANDARDS THAT I JUST AT FIRST BLUSH, I DON'T KNOW IF THAT MATCHES WHAT WE WOULD ENVISION FOR THE TWO OR THREE PARCELS. SO I'D WANT TO THINK ABOUT THAT. FAIR ENOUGH. UH, ANY OTHER QUESTIONS OR, UH, COMMENTS ABOUT, UH, THE MAKER MICRO IN TERMS OF GIVING THEM GUIDANCE FOR RE I'M, I'M ASSUMING WE'RE GONNA HAVE IT RETURN ON THE 29TH? YES. OKAY. UM, ALRIGHT. SO WHAT I HEARD, LET ME SEE IF I CAN REPEAT IT, IS THAT COMMISSIONER MOSES IS REQUESTING MORE INFORMATION ABOUT THOSE THREE CATEGORIES HE USES. UM, UH, I'M, I'M NOT OKAY WITH CANNABIS BEING IN THE MAKER MICRO. AND I HEARD COMMISSIONER MOSES AGREE THAT I DIDN'T HEAR ANYBODY DEFEND IT. IS ARE OR CHAIR, WAS THAT CANNABIS USE SPECIFIC TO RETAIL DISPENSARY OR WAS THAT ANY UM, CANNABIS USE CULTIVATION, DELIVERY MANUFACTURER? UH, YEAH, ALL OF IT. ALL OF IT. OKAY, GREAT. THANK YOU. I MEAN, SET UP WEED WAREHOUSES AND I WEED WEAR [04:25:01] BACK TO KIND PURE DAN. IT SEEMS LIKE IF YOU'RE, IF YOU WANNA BE MAKING SOME GUMMIES ON THE RIVER, I DON'T, I SUPPORT IT. I SUPPORT IT. YOU SUPPORT WHAT? YEAH, I SUPPORT CANNABIS IN GENERAL. UM, SO I THINK IT'S, UH, I THINK GIVEN THE PROTECTION OF A COP, LIKE WE'LL HAVE, IT'S, IT'S NOT A BY RIGHT? SO THAT'S, THAT'S, I I ALWAYS TAKE A LOT OF COMFORT IN THE NOTION THAT WE'RE SAYING, LIKE, WE CAN TALK ABOUT IT, BUT THERE'S A LOT OF HOOPS YOU HAVE TO JUMP THROUGH TO ACTUALLY GET THE PERMIT BY, BY WAY OF A-A-C-O-P. SO THAT'S, THAT'S WHERE I'M IN FAVOR OF HAVING MORE. WELL, WELL IT'S OPENNESS. WELL IT'S CANNABIS OR CANNABIS MANUFACTURING A HAZARDOUS ACTIVITY UNDER THE, THE SCALE. I, I HAD IT UNDER MINOR USE PERMIT, BUT HAPPY TO MOVE IT TO A CONDITIONAL USE PERMIT. IT'S, THAT'S, THAT'S EASY ENOUGH IF THAT'S THE WILL OF THE COMMISSION OR IF YOU GUYS WANNA STRAW POLL THAT. 'CAUSE IT SOUNDS LIKE WE NEED TO TALK ABOUT WHAT DOES NOT GET TO BE IN MAKER MICRO BECAUSE SO MUCH OF WHAT WE'VE TALKED ABOUT THUS FAR IS KEEP IT WIDE, WIDE, WIDE, WIDE OPEN AND JUST FOCUS ON THE OPERATIONAL CHARACTERISTICS. IS IT POSSIBLE TO START EARLIER THAN SIX 30 WHEN WE MEET OUR NEXT MEETING TO START AT FIVE OR SOMETHING? I THINK THAT'S A GREAT IDEA. UM, SO , YOU KNOW YEAH, WE'RE HAPPY TO, TO HAVE, YOU KNOW, JUST LIKE COMMISSIONER MOSES SUGGESTED THE THREE ITEMS HAVE MORE DISCUSSION, WE CAN ALSO HAVE MORE DISCUSSION ABOUT CANNABIS. IT FEELS LIKE WE'RE REALLY TRYING TO LIKE, HAVE SOME DEEP THINKING AT, AT THIS LATE NIGHT AND, UM, I'M WILLING TO, YOU KNOW, HAVE A CONVERSATION ABOUT THAT TOO NEXT TIME. ALL RIGHT. STEPH, DO YOU HAVE ENOUGH DIRECTION FOR PREPARATION ON THE 29TH FOR MAKER MICRO? OKAY. AND THAT'S ALL. I'M, I'M, I'M, I LIKE IT. I LIKE THE, THE APPROACH. I THINK EVERYBODY LIKED IT. OKAY. UM, CHAIR, IF YOU WOULD CONTINUE THE MEETING TO A DATE CERTAIN OF SEPTEMBER 29TH. OKAY. DO I JUST, DO I JUST SAY THAT UNILATERALLY OR DO WE HAVE A MOTION OR WE, WE DO HAVE A MOTION I THINK, BUT I'M JUST WORRIED ABOUT GOING LOWER THAT WE DID NOTICE IT IN THE ARGUS. RIGHT. AND I DON'T KNOW WHAT TIME WE PUT FOR THE 6:00 PM 6:00 PM YEAH, SO I DON'T, I YEAH, I THINK THAT'S PROBABLY THE EARLIEST WE CAN GO. OKAY. I'M, I'M GONNA RUN IT. UH, HOPEFULLY YOU GUYS WERE OKAY WITH THE WAY I WAS RUNNING THE MEETING. THANK YOU FOR SUFFERING MY FIRST MEETING AS CHAIR. UM, I WILL TRY TO KEEP US ON SCHEDULE AND MOVING FAST NEXT TIME. UH, CAN I SAY WE ARE ADJOURNED AND MM-HMM . CALL IT. OKAY. WE ARE ADJOURNED. TWO MINUTES TO SPARE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.