* 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. ALRIGHT, GOOD AFTERNOON [00:00:01] EVERYBODY. [CALL TO ORDER] UH, WELCOME TO THE JULY 1ST, UH, REGULAR MEETING OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE. MY NAME IS ANDREW TRIP AND I AM THE PLANNING MANAGER TODAY, UM, AS IS THE PRACTICE FOR OUR, THE FIRST MEETINGS OF OUR CCBS IN JULY. UH, WE DO OS OF OFFICE AND SO, AND, AND LACKING A, A, UH, A FORMAL CHAIR POSITION TODAY. UH, I WILL, UH, GO AHEAD AND CALL THE MEETING TO ORDER, AND THEN [OATH OF OFFICE] I WILL ASK CITY CLERK KAITLYN COREY TO CONDUCT THE OS OF OFFICE FOR THE NEW HCPC MEMBERS. YES. UH, GOOD EVENING EVERYONE. . SO, FULL DIAZ, UM, HAPPY TO BE HERE TODAY TO SWEAR IN THE NEW COMMITTEE MEMBERS. IT'S ALWAYS A GREAT CHANCE TO CONNECT WITH THE COMMITTEES AND THANK YOU FOR YOUR SERVICE. UH, WE REALLY DO APPRECIATE IT. WE RELY ON THE VOLUNTEERS WITH THE CCBS. SO THANK YOU FOR BEING HERE, AND THANK YOU FOR JOINING. UM, I ALSO, WHILE I HAVE FOLKS HERE, I WANTED TO MENTION, UH, ONE OF THE MAIN REASONS YOU WILL HEAR FROM MY OFFICE IS REGARDING YOUR FORM SEVEN HUNDREDS. UM, SO JUST A REMINDER, THIS IS A FILING THAT ALL ELECTED AND APPOINTED OFFICIALS WHO MAKE OR INFLUENCE GOVERNMENTAL DECISIONS ARE REQUIRED TO SUBMIT. UM, AND SO I WILL FOLLOW UP WITH YOU VIA EMAIL ABOUT THAT . UM, AND NOW I WILL ASK OUR NEW COMMITTEE MEMBERS TO JOIN ME IN FRONT OF THE DAIS UP HERE SO THAT WE CAN ADMINISTER THE OATHS ONE TIME OR BOTH TOGETHER. YEAH, , COME ON IN. WHY DON'T YOU TWO STAND RIGHT HERE. I'M GONNA PUT THIS MICROPHONE HERE. SO STAND RIGHT HERE. OKAY. JULIA, ALLIE. OKAY. SO IF YOU WANNA RAISE YOUR RIGHT HAND AND REPEAT AFTER ME. I STATE YOUR NAME, DO SOLEMNLY SWEAR I, JULIA. OH, . GO AHEAD. I, JULIA MCMICHAEL, DO SOLEMNLY SWEAR. HI, WO DO SOLEMNLY SWEAR. OKAY. AND NOW WE'LL DO IN UNISON THAT I WILL SUPPORT AND DEFEND I SUPPORT AND THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE UNITED STATES, THE CHARTER OF THE CITY OF PETALUMA, THE CHARTER OF THE CITY OF PETALUMA, AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC. THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES, TO THE CONSTITUTION OF THE UNITED STATES, THE CHARTER OF THE CITY OF PETALUMA, THE CHARTER OF THE CITY OF PETALUMA, AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA. THAT I TAKE THIS OBLIGATION FREELY, THAT I TAKE THIS OBLIGATION FREELY WITHOUT ANY MENTAL RESERVATION, WITHOUT ANY MENTAL RESERVATION OR PURPOSE OF EVASION OR PURPOSE OF EVASION. AND THAT I WILL WELL AND FAITHFULLY, AND THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES. DISCHARGE THE DUTIES UPON WHICH I'M ABOUT TO ENTER UPON, WHICH I'M ABOUT TO ENTER. CONGRATULATIONS, I'LL HAVE YOU SIGN. GREAT. WELL, WELCOME TO THE, TO THE, UH, HCPC COMMITTEE. AND, UM, WHEN YOU'RE READY, YOU CAN GO AHEAD AND TAKE YOUR SEATS ON THE DEAS AND YOU'LL BE JOINING COMMITTEE MEMBER, UH, BARCLAY SAXON, WHO IS, UM, HAS BEEN A COMMITTEE MEMBER FOR, FOR ONE YEAR, I BELIEVE. TWO YEARS, I THINK. ONE. ONE. OKAY, GREAT. SO WE'RE GLAD TO, GLAD TO HAVE ALL, ALL OF YOU HERE TODAY. THANK YOU. YEP. YOU'RE GOOD? YEAH. GREAT. AND SO THEN MOVING ON WITH THE, UH, THE REMAINDER OF THE AGENDA. NEXT WE'LL, UH, ASK THE, UM, CLERK TO TAKE A ROLL CALL PLEASE. COMMITTEE MEMBER. COMMITTEE MEMBER LOPEZ. ABSENT. COMMITTEE MEMBER HALL ABSENT. C COMMITTEE MEMBER SQUIRREL. OH, PRESENT. CAN YOU CLICK THE BUTTON? LITTLE BUTTON. THERE YOU GO. HERE. PERFECT. THANK YOU. GREAT. COMMITTEE MEMBER MCMICHAEL, PRESENT COMMITTEE MEMBER BARCLAY SAXON. PRESENT. WE HAVE A QUORUM. GREAT, THANK YOU. AND THEN THE, UH, NEXT ITEM ON OUR AGENDA [OFFICER NOMINATIONS AND APPOINTMENTS] IS, UH, NOMINATION AND APPOINTMENT OF OFFICERS. SO WHILE THE RULES AND REGULATIONS OF THE COMMITTEE INDICATE THAT, THAT WE NOMINATE AND [00:05:01] APPOINT OFFICERS, WE ACTUALLY DO THAT THROUGH A NOMINATION AND ELECTION PROCESS. SO IT'S A BIT MORE DEMOCRATIC THAN, UH, HOW THE RULES WOULD READ. UH, SO WITH THREE OF YOU HERE TODAY, WE DO HAVE THREE POSITIONS THAT NEED TO BE FILLED. UH, THAT WOULD BE FOR THE CHAIR, THE VICE CHAIR, AND THE SECOND VICE CHAIR, UH, POSITIONS. SO IF YOU'RE INTERESTED IN THE CHAIR POSITION, WE'LL START WITH THAT. UH, IF YOU'RE INTERESTED IN NOMINATING YOURSELF OR NOMINATING ONE OF YOUR COMMITTEE MEMBERS FOR, UM, FOR THAT CHAIR POSITION, JUST LET US KNOW. WE'LL, ONCE WE HAVE THE NOMINATIONS, THEN WE'LL VOTE ON THEM. THEN WHOEVER IS ELECTED CHAIR, UH, I WILL TURN THE MEETING OVER TO THAT PERSON. AND THEN THAT PERSON WILL THEN CHAIR THE MEETING FOR THE REST OF, OF TODAY'S AGENDA. SO WITH THAT, I'LL ASK FOR NOMINATIONS FOR THE HCPC CHAIR POSITION, PLEASE. I WOULD DOMINATE MYSELF. GREAT. THANK YOU. SECOND, THIRD. OKAY, GREAT. SO WHAT WE'LL DO THEN IS WE HAVE A NOMINATION FOR THE CHAIR. SO THEN WE'LL HAVE OUR CLERK GO AHEAD AND, AND, UH, CALL FOR A VOTE FOR THAT POSITION THEN. COMMITTEE MEMBER LOPEZ. ABSENT. COMMITTEE MEMBER HALL. ABSENT. COMMITTEE MEMBER SQUIRREL. AYE. COMMITTEE MEMBER MCMICHAEL AYE. COMMITTEE MEMBER BARCLAY SAXON. UH, UM, YES, THE VOTE IS APPROVED. GREAT. THANK YOU. SO THE CHAIR APPOINTED FOR THE, UM, 25 26, UH, HCPC COMMITTEE WILL BE, UH, CHAIR BARCLAY SAXON. CONGRATULATIONS. AND THEN CHAIR, WE'LL GO AHEAD AND I'LL TURN THE MEETING OVER TO YOU TO, UH, FOR THE REMAINDER OF THE AGENDA. ALRIGHT. FOR YOU VERY MUCH. HOW EXCITING. OKAY. UM, WE NEED TO NOMINATE A VICE CHAIR. UH, NOMINATIONS ARE MADE BY US, THE COMMITTEE. WOULD ANYBODY LIKE TO NOMINATE THEMSELVES OR ONE ANOTHER? . I'LL NOMINATE ALI. I PRONOUNCE YOUR NAME. SCRO? YEAH. ALL RIGHT. UM, IS THAT OKAY WITH YOU? OKAY. , LET'S, UM, DO A MOTION TO VOTE. SORRY, I DON'T THINK I HEARD. WAS THERE A SECOND NOMINATION? OH, YOU KNOW, I DON'T THINK I SAID IT. I SECOND THE NOMINATION. PERFECT. SO I'LL DO THE VOTE NOW. COMMITTEE. COMMITTEE MEMBER LOPEZ. ABSENT. COMMITTEE MEMBER HALL. ABSENT. COMMITTEE MEMBER SQUIRREL. AYE. COMMITTEE MEMBER MCMICHAEL. AYE. COMMITTEE MEMBER. SORRY. CHAIR. BARLAY SAXON. AYE. IT'S APPROVED. ALRIGHT. CONGRATULATIONS. UM, UH, LET'S SEE. WE NEED A REQUEST FOR A NOMINATION FOR SECOND VICE CHAIR. . WOULD ANYBODY LIKE TO NOMINATE THEMSELVES? OR I, YOU'RE GONNA HAVE, I WISH I COULD SEE YOUR NAME. TIGER. YOU'RE, UM, YEAH. JULIE, SHALL I GRATEFULLY ACCEPT WITH YOUR NU UH, OKAY. I, I, SECOND OR FIRST? I SECOND. OKAY. UM, MAY WE HAVE A MOTION TO VOTE COMMITTEE MEMBER LOPEZ? ABSENT COMMITTEE MEMBER HALL. ABSENT. COMMITTEE MEMBER SQUIRREL. AYE. COMMITTEE MEMBER MCMICHAEL AYE. CHAIR. BARCLAY SAXON. AYE. IT'S APPROVED. ALL RIGHT. FANTASTIC. GREAT. ALRIGHT. OKAY, WE'RE GONNA CLOSE THAT MEETING ITEM AND CONTINUE WITH [GENERAL PUBLIC COMMENT] GENERAL PUBLIC COMMENT. DURING GENERAL PUBLIC COMMENT, THE PUBLIC IS INVITED TO MAKE COMMENTS ON ITEMS OF PUBLIC INTEREST THAT ARE WITHIN THE HCP C'S SUBJECT MATTER JURISDICTION, AND THAT ARE NOT LISTED ON THE CURRENT AGENDA. PUBLIC COMMENTS ARE LIMITED UP TO THREE MINUTES PER PERSON. DEPENDING ON THE NUMBER OF PERSONS WISHING TO ADDRESS THE HCPC. TIME WILL BE ALLOCATED IN EQUAL SHARES. TOTALING NO MORE THAN 15 MINUTES. ARE THERE ANY SPEAKERS THAT NEED TO BRING THEIR SPEAKER CARDS TO THE CLERK'S DESK IF THEY HAVE NOT ALREADY? HAVE WE, IF WE HAVE RECEIVED ANY COMMENTS PRIOR TO THE MEETING WE RECEIVED? NO GENERAL PUBLIC COMMENTS PRIOR TO THE MEETING. OKAY. UM, IN-PERSON SPEAKERS MAY TAKE THEIR TURN UNTIL ALL THAT, HAVE ALL THAT HAVE SPOKEN THAT WISH TO HELLO, MAYOR . HI, I'M KEVIN MCDONALD. I'M THE MAYOR, AND I DIDN'T TURN IN A CARD, BUT I THOUGHT I'D BE, I COULD GET AWAY WITH IT TODAY. UM, I JUST WANTED TO THANK YOU FOR, UM, SIGNING [00:10:01] UP TO DO THIS THING, TO BE A VOLUNTEER, TO RETURN AS A VOLUNTEER. UM, I THINK WE DO IT BECAUSE WE BELIEVE GOVERNMENT'S IMPORTANT BECAUSE WE BELIEVE GOVERNMENT IS HELPING PEOPLE AND BECAUSE WE FEEL SOMEONE HAS TO HELP FROM THE COMMUNITY, AND YOU KIND OF LOOK AROUND AND SAY, WHO'S GONNA DO THAT? AND YOU THINK TODAY, MAYBE IT'S ME WHO DOES THAT. AND, UM, NO MATTER WHAT COMMITTEE, COMMISSION COUNCIL YOU'RE ON, I THINK WE ALL FEEL THAT SAME WAY. UM, AND, AND SO I REALLY APPRECIATE YOU GUYS SIGNING UP FOR THIS. ALSO, I THINK YOU'RE IN A, A REALLY GREAT TIME IN PETALUMA'S HISTORY. WE'RE COMING OUT OF A VERY LONG DRY PERIOD, AND WE'RE ACHIEVING ALL KINDS OF THINGS. YOU'LL HEAR MORE ABOUT, UM, ALL AMERICAN CITIES THAT, UH, UM, PETALUMA WENT TO. WE WERE FINALISTS, SO WE WERE SELECTED TO GO TO THE FINAL COMPETITION AND COMPETE AGAINST OTHER TEAMS, WHICH SORT OF FELT LIKE CHEER CAMP. EVERYBODY WAS SCREAMING AT HOW GOOD THEIR CITY WAS. IT'S SO FUN TO SEE CITI'S PRIDE IN WHAT THEY DO. AND, AND THAT'S THE MOMENT THAT YOU'RE ON THIS COMMITTEE RIGHT NOW. AND SO I WANTED TO THANK YOU AGAIN FOR THAT. AND ALSO BECAUSE YOU DON'T HAVE A COUNCIL REPRESENTATIVE, I WANTED TO COME AND SAY HI. YOU DON'T HAVE A LIAISON WHO'S GONNA BE WITH YOU EVERY MEETING, BUT IT DOESN'T MEAN THAT YOUR COMMITTEE IS ANY LESS VALUABLE. IN FACT, IT'S GOT CRITICAL MISSION AS, UM, AS OUR CITY HIGHLY VALUES. IT'S, IT'S HISTORICAL, UH, UH, HISTORY, NOT TO DOUBLE THAT WORD UP, BUT, UM, BUT THE LEGACY WE HAVE OF, OF, OF OUR HISTORY IN TOWN. AND YOU ARE THE GATEWAY TO PROTECTING THAT AND TO INFLUENCING THAT. AND SO I I REALLY APPRECIATE ALL THE WORK YOU DON'T DO, AND I'M SURE THE COUNCIL FEELS THE WHOLE WAY FOR YOUR HAVING STEPPED UP AND, AND, AND HELPED US OUT. SO THANK YOU VERY MUCH. OKAY. THANK YOU SO MUCH FOR COMING HERE AND SEEING US. ALL RIGHT. THANK YOU AGAIN. THERE ARE, LET'S SEE, WE'RE GONNA CLOSE GENERAL PUBLIC COMMENT AND CONTINUE WITH THE AGENDA. THERE ARE NO PRESENTATION ITEMS TODAY, SO WE'RE GONNA CLOSE THAT MEETING ITEM AND CONTINUE WITH THE AGENDA AS WELL. THERE ARE ALSO NO APPROVAL OF MINUTES, SO WE WILL ALSO CLOSE THAT MEETING ITEM AND CONTINUE WITH THE AGENDA, PUBLIC HEARINGS AND MATTERS [PUBLIC HEARINGS AND MATTERS FOR CONSIDERATION] FOR CONSIDERATION. MEETING ITEM ONE IS A WORKSHOP. WE'RE GONNA REVIEW THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE, HCPCS COMPOSITION ROLE, REGULATORY ENVIRONMENT, AND STATE COMPLIANCE. CONTENT WILL ALSO INCLUDE AN OVERVIEW OF LOCAL HISTORIC RESOURCES, DISCRETIONARY ENTITLEMENTS, AND THE PLANNING DIVISION'S REVIEW PROCESS. NO ACTION IS BEING TAKEN, THEREFORE, A SE A DETERMINATION IS NOT REQUIRED. UM, THIS IS NOT A PUBLIC HEARING. DOES NOT REQUIRE US THE COMMITTEE TO DISCLOSE ANY EX PARTE COMMUNICATIONS. I'D LIKE TO INVITE STAFF TO PRESENT ISABEL CASTANO, HISTORIC PRESERVATION SPECIALIST. UM, DOES ANYBODY HAVE ANY QUESTIONS BEFORE WE CONTINUE? OKAY, GREAT. THANK YOU, CHAIR. ACTUALLY, UH, THIS, THIS AFTERNOON'S WORKSHOP PRESENTATION WILL BE SORT OF A TEAM EFFORT WITH MYSELF, HISTORIC PRESERVATION SPECIALIST ISABEL CASTANO, AND ASSISTANT CITY ATTORNEY DYLAN BRADY. AND SO DURING THE COURSE OF PRESENTATION, YOU'LL LEARN MORE ABOUT THE ROLES THAT WE PLAY, ALONG WITH URIEL ORCO, WHO IS OUR, UH, PLANNING ANALYST, AND ALSO THE CLERK FOR HCPC AND PLANNING COMMISSION. SO TODAY'S, UH, PRESENTATION IS ON THE ROLES AND RESPONSIBILITIES OF HCPC. UH, AND THE INTENT IS TO INTRODUCE YOU TO SOME OF THE CORE CONCEPTS, UH, WHETHER YOU'LL BE APPLYING THEM IN YOUR ROLE AS A, UH, COMMITTEE MEMBER, YOUR DECISION MAKING ROLE AS A COMMITTEE MEMBER, OR, UH, WHETHER YOU'RE THINKING ABOUT THOSE IN RELATIONSHIP TO WORKSHOPS, TO HOW YOU TALK WITH OTHERS IN THE COMMUNITY ABOUT PROJECTS AND THINGS LIKE THAT. SO WE'LL REALLY SPAN THE BREADTH OF, OF THE RESPONSIBILITIES AND QUESTIONS AND, AND ENCOUNTERS THAT YOU MIGHT EXPERIENCE DURING YOUR TIME ON THE COMMITTEE. BUT THEN OF COURSE, WE'RE ALWAYS AVAILABLE FOR QUESTIONS, UM, VIA EMAIL. JUST REACH OUT TO US. WE'RE HAPPY TO MEET WITH YOU AND SO FORTH. SO, UM, I THINK AT A COUPLE OF POINTS DURING THE PRESENTATION, I'LL TAKE A BREAK. WE'LL ASK SOME QUESTIONS, MAYBE DISCUSS SOME OF WHAT, WHAT WE'VE SHARED BEFORE WE GO ON. THAT'S PROBABLY THE BEST WAY TO, UH, HANDLE THIS. NEXT SLIDE, PLEASE. SO, UH, TODAY THE AGENDA, WE'RE GOING TO TALK ABOUT THE COMMITTEE, IT'S COMPOSITIONS AND DUTIES, UH, SOME OF THE ACTIVITIES THAT, UH, IT ENGAGES IN AS WELL AS THE WORK THAT YOU CAN EXPECT TO BE DOING. WE'RE GOING TO LOOK INTO THE DECISION, THE DISCRETIONARY DECISION MAKING PROCESS, AND ALSO A PLANNING DIVISION'S REVIEW PROCESS SO THAT YOU UNDERSTAND WHAT HAPPENS BEFORE A PROJECT COMES BEFORE YOU, UH, FOR REVIEW [00:15:01] AND DECISION. THEN DYLAN'S GOING TO TALK BRIEFLY ABOUT BROWN ACT COMPLIANCE AND PUBLIC RECORDS ACT REQUEST AND WHAT YOU CAN EXPECT FROM THAT. AND THEN, UM, WE'LL FINISH UP WITH JUST SOME, UH, BEST PRACTICES FOR WORKING WITH STAFF, BOTH IN YOUR ROLE AS COMMITTEE MEMBER, BUT ALSO IN YOUR ROLE, UH, REVIEWING PROJECTS THAT COME BEFORE YOU. NEXT SLIDE. SO, THE GOALS ARE TO INTRODUCE PLANNING'S LEGAL FRAMEWORK BECAUSE WHAT WE DO, UH, AS A COMMITTEE IS WE, UH, ACT IN A QUASI-JUDICIAL CAPACITY. YOU ALSO ACT AT THE BEHEST OF, OF CITY COUNCIL. SO, OF COURSE, CITY COUNCIL CAN'T RECEIVE EVERY DISCRETIONARY PROJECT AND MAKE EVERY LAND USE DECISION, UH, WHETHER IT'S ABOUT LAND USE OR ABOUT A MODIFICATION TO A HISTORIC SITE OR ESTABLISHMENT OF A LANDMARK DESIGNATION. AND SO, UH, IN ORDER TO EXECUTE THE DUTIES OF CITY COUNCIL, WE HAVE THE ORGANIZATIONS OF PLANNING COMMISSION AND HCPC TO TAKE ON WHAT'S REFERRED TO AS THE QUASI JUDICIAL ROLE. AND WE'LL GET INTO A LITTLE BIT ABOUT WHAT THAT MEANS AND HOW THAT COMPARES TO A, A LEGISLATIVE ROLE THAT YOU WOULD PLAY. THEN, THEN WE'LL TAKE A, A BRIEF DIVE INTO PUBLIC PLANNING AND PETALUMA. AND THEN, UH, WE'LL SPEND MOST OF THE TIME THOUGH, FOCUSING ON HCPCS UNIQUE ROLES AND RESPONSIBILITIES. AND THEN FROM THERE, WE CAN, UM, TALK ABOUT SOME FUTURE WORKSHOP TOPICS TO HELP YOU, UM, EXECUTE, UM, YOUR APPOINTMENTS. NEXT SLIDE. SO THE COMMITTEE IS COMPOSED OF, UH, FIVE MEMBERS. THERE'S ENABLING LEGISLATION THAT WE CAN MAKE AVAILABLE TO YOU IF YOU WANT TO READ THAT, WHAT THAT LOOKS LIKE. WHEN CITY COUNCIL DIRECTS ESTABLISHMENT OF THE, UH, HISTORIC AND CULTURAL PRESERVATION COMMITTEE OF THOSE FIVE MEMBERS, FOUR, OR APPOINTED BY CITY COUNCIL IN THE PROCESS WHERE CITIZENS APPLY TO SERVE, UH, ON HCPC OR ANOTHER COMMITTEE. SOMETIMES HCPC MAY NOT HAVE BEEN YOUR FIRST REQUEST, BUT IT WAS YOUR SECOND. AND SO WE RESPONDED TO THAT BASED UPON THE NEEDS OF THE CITY. UH, AND THEN ONE IS RECOMMENDED BY PETALUMA MUSEUM, UM, AND, UH, AND CITY COUNCIL THEN RECEIVES THAT RECOMMENDATION AND MAKES THAT APPOINTMENT. THE FOUR THAT ARE APPOINTED BY CITY COUNCIL ARE MULTI-YEAR APPOINTMENTS, WHILE THE RECOMMENDATION BY PETALUMA MUSEUM IS A ONE-YEAR APPOINTMENT. HOWEVER, THE MUSEUM CAN, CAN MAKE A, A REAPPOINTMENT RECOMMENDATION, UM, IN SUBSEQUENT YEARS. AND THEN, OF COURSE, THE PRIMARY REQUIREMENT IS THAT YOU RESIDE WITHIN THE CITY LIMITS. AND SO, UH, WE DO HAVE AN INSTANCE WITH OUR CURRENT, UH, COMMITTEE WHERE ONE OF THE FIVE MEMBERS RECENTLY ANNOUNCED, UH, THAT HE WOULD BE LEAVING THE COMMITTEE BECAUSE HE'S MOVING OUTSIDE OF THE CITY LIMITS. SO HE'S REQUIRED THEN TO STEP OFF OF THE COMMITTEE. UH, IN THAT CASE, THEN THE CITY CLERK IS ORGANIZING WHAT WE CALL A MID-YEAR APPOINTMENT PROCESS. AND SO WE'LL BE GOING BACK THROUGH THE APPLICATION AND APPOINTMENT PROCESS AGAIN, PROBABLY, UM, TOWARDS THE END OF THE YEAR. SO THE DUTIES INCLUDE, UH, MAKING DECISIONS AS DIRECTED BY THE CITY'S ZONING ORDINANCE. UM, THERE'S, UH, BRIEFLY WE CAN TALK ABOUT INDEMNIFICATION AND MAYBE DYLAN, LET'S WAIT ON, ON THAT TILL THE END, IF YOU WANNA MAKE A NOTE TO FOLLOW UP IN THAT, UM, TOWARDS THE END OF OUR, OUR WORKSHOP TODAY. AND THEN QUASI-JUDICIAL DECISIONS VERSUS, UH, LEGISLATIVE RECOMMENDATIONS. SO IN, IN, UM, STATE LAW AND LOCAL LAND USE LAW, THE, THE ONLY BODY THAT CAN MAKE A LEGISLATIVE DECISION, WHICH ACTUALLY ESTABLISHES LAW IS THE CITY COUNCIL. HOWEVER, THE CITY COUNCIL RELIES UPON THE RECOMMENDATIONS OF ITS VARIOUS COMMISSIONS, COMMITTEES, AND BOARDS TO GUIDE THEM IN THAT LEGISLATIVE DECISION MAKING PROCESS. SO WHEN WE SEE, UM, WHEN WE SEE PROPOSALS COME FORWARD FOR AMENDMENTS TO THE ZONING ORDINANCE, OR TO ADD NEW REGULATIONS TO THE ZONING ORDINANCE, THAT'S A LEGISLATIVE ACTION. AND YOU MAY BE ASKED TO EVALUATE IT AND MAKE A RECOMMENDATION TO CITY COUNCIL. HOWEVER, THAT RECOMMENDATION IS NOT AN ACTION THAT WOULD RESULT IN THE ESTABLISHMENT OF THE LAW. SO LET'S COMPARE THAT THEN TO THE QUASI-JUDICIAL ROLE THAT YOU DO PLAY IN MAKING DECISIONS AND THAT YOU ARE EMPOWERED IN THOSE DECISIONS. WHAT THAT DOES IS THAT APPLIES THE LAW. SO ONCE CITY COUNCIL MAKES THAT A LAW, ONCE IT'S ADOPTED, AND WE FIND IT IN OUR ZONING ORDINANCE, THEN WHEN WHAT WE CALL A DISCRETIONARY PROJECT COMES BEFORE YOU FOR REVIEW AND DECISION, THEN YOU DO ACT IN A QUASI-JUDICIAL CAPACITY MAKING THAT DECISION. SO WHAT DOES THAT MEAN? WELL, QUASI-JUDICIAL MEANS YOU'RE ACTING LIKE A COURT. YOU'VE BEEN GIVEN CERTAIN AUTHORITY TO [00:20:01] MAKE DISCRETIONARY DECISIONS, AND WE CAN THINK ABOUT DISCRETIONARY AS BEING, UH, SUBJECTIVE, RIGHT? SO YOU ARE MAKING A MORE SUBJECTIVE DECISION THAT'S BASED ON CERTAIN CRITERIA THAT YOU HAVE TO FIND THE PROJECT MEETS, AND THEN, AND THEN YOU VOTE ON THAT. AND THAT IS PART OF YOUR PROCESS AND PART OF THE AUTHORITY THAT'S GIVEN TO YOU. UM, WHEN ISABEL PRESENTS HERE A LITTLE BIT INTO THE WORKSHOP, WE'LL BE GOING THROUGH SOME EXAMPLES OF WHAT THAT LOOKS LIKE AND, AND THAT DECISION MAKING PROCESS. SO I THINK IT WILL BECOME MORE CLEAR, BUT IT IS IMPORTANT AS WE GET FURTHER INTO THE WORKSHOP TO UNDERSTAND THE CRITERIA THAT YOU USE TO MAKE THAT DECISION, BECAUSE IT IS A FAIRLY STRICT ESTABLISHED FRAMEWORK FOR, UH, MAKING DECISIONS. IT'S NOT NEARLY AS ARBITRARY AS WHAT SOME MIGHT THINK. UM, AND THEN THE, UH, FINALLY, WE'RE WE WANT TO TALK BRIEFLY ABOUT, UH, THE, THE POLICE POWERS AND THE POLICE POWERS ARE, ARE, UH, DERIVED FROM THE 10TH AMENDMENT OF THE CONSTITUTION AND SUPPORTED BY OVER 100 YEARS OF CASE LAW. AND THEN, UM, THEY'RE DELIVERED TO THE LOCAL JURISDICTIONS THROUGH THE STATE OF CALIFORNIA GOVERNMENT CODE TITLE VII, WHICH IS, UH, PLANNING AND LAND USE IN THE STATE OF CALIFORNIA. SO IT HAPPENS IS THROUGH ENABLING LEGISLATION FROM THE FEDERAL GOVERNMENT DOWN TO THE STATE, THE POWERS TO ENSURE THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO REGULATE LAND DEVELOPMENT ACTIVITY FOR THAT PURPOSE ARE GIVEN TO LOCAL JURISDICTIONS. SO THAT'S, THAT'S REFERRED TO AS THE POLICE POWERS. AND IF YOU THINK ABOUT IT, IF YOU THINK ABOUT THE ROLE OF THE POLICE DEPARTMENT IS TO, TO PROTECT AND SERVE, RIGHT, WELL, THEN THE POLICE POWERS ARE VERY SIMILAR IN THAT THEY ENABLE THE LOCAL JURISDICTION TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY AND WELFARE OF ITS CITIZENS. SO AT SORT OF THE HIERARCHY OF DECISION MAKING, WE'RE ALWAYS REFERRING BACK TO THAT PRIMARY ROLE, WHICH IS TO ENSURE THE PUBLIC HEALTH, UH, SAFETY AND WELFARE. AND THEN THE PLANNING REVIEW PROCESS GOES THROUGH A SERIES OF, OF ANALYSIS, UM, TO BRING FORWARD A RECOMMENDATION THAT IS CONSISTENT WITH, WITH THAT PRIMARY OBLIGATION. AND IF, UH, ISABELLE, I'M GONNA GO CLOSE THAT DOOR, SO YOU CAN GO AHEAD AND GO TO THE NEXT SLIDE. ALL RIGHT. SO WE'RE, ARE WE DOING OKAY SO FAR? GOOD. SURE. OH, YOU WILL, ABSOLUTELY, ABSOLUTELY. YEAH. OKAY. SO, SO THEN LET'S, UH, LET'S TALK A BIT ABOUT WHAT IS PLANNING, BECAUSE BROADLY THAT'S WHAT WE'RE DOING, RIGHT? WHEN WE DO PLANNING, WE'RE, WE'RE REALLY EXAMINING OR RECEIVING PROPOSALS THAT WOULD RESULT IN CHANGE AT SOME LEVEL IN THE COMMUNITY. THAT CHANGE MAY BE AS SIMPLE AS A MODIFICATION TO AN EXISTING SINGLE FAMILY RESIDENCE, OR IT MAY BE AS COMPLEX AS ESTABLISHMENT OF A NEW COMMERCIAL CENTER OR, UH, A A NEW CIVIC FACILITY. SO, BUT IT, IT REALLY, AT ITS CORE, IT'S ABOUT, ABOUT HOW DO WE, HOW DO WE PUT A PROCESS TO CHANGE SO THAT WE CAN ENSURE THAT THE PUBLIC HEALTH SAFETY WELFARE IS PROTECTED AND ENSURE THAT IT'S CONSISTENT WITH THE GOALS AND POLICIES OF, UH, THE PETALUMA COMMUNITY. SO WE LOOK AT IT AS A PROACTIVE PROCESS IN THAT IT ESTABLISHES THOSE GOALS AND POLICIES FOR DIRECTING AND MANAGING LAND USE AND DEVELOPMENT IN THE HIERARCHY OF PLANNING, WE START WITH THE VISION AND THE GOALS THAT'S IN THE GENERAL PLAN. AND IF YOU'RE FAMILIAR WITH THE GENERAL PLAN UPDATE THAT WE'RE GOING THROUGH NOW, WE'RE DOING SORT OF A FUNDAMENTAL REEXAMINING OF THAT VISION AND THOSE GUIDING PRINCIPLES, AND THEN THE GOALS AND POLICIES THAT ARE DERIVED FROM IT. WE DO THAT ABOUT EVERY 15 TO 20 YEARS. SO THE GENERAL PLAN IS THE GUIDING PLAN FOR THE CITY, AND THAT WILL GET UPDATED, UM, OCCASIONALLY. THEN WE HAVE SPECIFIC PLANS. SPECIFIC PLANS WILL TAKE THEIR DIRECTION FOR A PARTICULAR AREA OF TOWN. SO CURRENTLY IN THE CITY OF PETALUMA, WE HAVE WHAT'S CALLED THE, UH, CENTRAL PETALUMA SPECIFIC PLAN, AND THAT PRIMARILY IS, UM, THE DOWNTOWN AREA CROSSING OVER THE RIVER TO THE EAST TO ABOUT LAKEVILLE. AND THEN IT EXTENDS DOWN TO, UM, UH, WHAT IS NOW RIVERFRONT AND THEN UP TO THE HUNT. UH, THE HUNT BARON MILL IS THAT, I THINK THAT'S WHAT IT IS. SO IT'S, IT'S A MORE CON, IT'S A, IT'S A SPECIFIC AREA. IT HAS, THEY TEND TO HAVE A LOT IN COMMON, AND THOSE PLANS CAN PRESERVE, BUT THEN THEY CAN ALSO SEEK [00:25:01] TO INCENTIVIZE DEVELOPMENT AND DO SO IN AN ORDERLY MANNER. UH, THIS YEAR WE'RE JUST, UH, COMING TO THE POINT OF, UM, BRINGING A CONTRACT FORWARD TO CITY COUNCIL FOR THE, UH, PETALUMA SMART NORTH STATION SPECIFIC PLAN. AND THAT PLANNING PROCESS WILL DEVELOP A SPECIFIC PLAN FOR THE AREA FROM THE PETALUMA NORTH STATION AT CORONA. THE PLAN WILL EXTEND FROM MCDOWELL IN THE NORTH, UM, DOWN TO OR ALONG MCDOWELL FROM THAT NORTHERN END AT THE, UH, AT THE, UH, NORTH STATION, THEN DOWN TO EAST WASHINGTON STREET AND, AND KIND OF SPAN BOTH SIDES OF NORTH MCDOWELL. THAT PLANNING PROCESS WILL BE ABOUT A YEAR AND A HALF. AND THE GOAL IS TO, AGAIN, UNDERSTAND AND THINK ABOUT HOW DEVELOPMENT HAPPENS WITHIN RELATIONSHIP TO THE, THE PETALUMA NORTH SMART STATION, BUT THEN ALONG THAT CORRIDOR, HOW WE CAN THINK ABOUT, UM, HOUSING IN RELATIONSHIP TO EMPLOYMENT CENTERS AND THINGS LIKE THAT. THEN, UM, AS WE MOVE INTO THE FALL, UH, THE CITY HAS RECEIVED FUNDING FOR AN UPDATE TO THE CENTRAL PETALUMA SPECIFIC PLAN THAT WILL ALSO INCLUDE THE SMART CODE, UH, WHICH IMPLEMENTS THE SPECIFIC PLAN, AND THEN THE DOWNTOWN STATION AREA MASTER PLAN, WHICH GUIDES DEVELOPMENT AROUND THE PETALUMA, UM, SMART DOWNTOWN STATION. SO WE, WE GO FROM ONE, ONE SPECIFIC PLAN THAT WAS ADOPTED IN 2003, UM, TO THEN WE'LL BE WORKING ON, ON A NEW ONE, AND THEN UPDATING THAT 2003 PLAN. SO YOU'LL SEE MORE OF THAT AS, AS THOSE PROCESSES COME FORWARD. BUT IN ALL THE PLANNING, THE, THE, THE PLANNING PROCESS SEEKS TO ADDRESS ONE OR MORE FUNDAMENTAL COMMUNITY ISSUES. SO IMPORTANT TO THAT IS THE LOCATION AND TYPE OF DEVELOPMENT, IF IT'S NEW DEVELOPMENT OR REDEVELOPMENT ACTIVITY. BUT THEN WE ALSO INCLUDE IN THAT, UM, THE PRESERVATION OF HISTORIC AND CULTURAL RESOURCES, WHICH IS YOUR ROLE. SO LOOKING, UM, OFTENTIMES AT EXISTING DEVELOPMENT THAT IS, UH, HISTORIC AND HAS SOME SORT OF RESOURCE VALUE TO THE COMMUNITY OR TO THE STATE, OR TO THE, TO THE COUNTRY. UM, AND, BUT THEN ALSO LOOKING AT NEW DEVELOPMENT WITHIN OUR HISTORIC DISTRICTS TO ENSURE THAT IT'S CONSISTENT WITH AND COMPATIBLE WITH, UM, THE CHARACTER OF THE EXISTING DEVELOPMENT. BUT THE PLANNING PROCESSES CAN ALSO LOOK AT MOBILITY, YOU KNOW, CIRCULATION AND CONNECTIVITY, HOUSING AVAILABILITY, HAZARD MITIGATION, NATURAL RESOURCE ALLOCATION, AND ECONOMIC DEVELOPMENT. SO IT CANBAN IT CAN SPAN A BROAD SET OF, UM, TOPICS AND NEEDS. THE GENERAL PLAN WILL INCLUDE ALL OF THOSE, BUT A SPECIFIC PLAN MAY NOT NECESSARILY INCLUDE ALL OF THOSE TOPICS. AND THEN, UM, OFTENTIMES IN THE GENERAL PLAN, BUT IN THE, UH, IN SOME OF THE MASTER PLANS THAT PUBLIC WORKS PRODUCES, WE'RE SEEKING TO ACCOUNT FOR FUTURE DEMAND FOR SERVICES, WHETHER THAT'S OUR PUBLIC SAFETY SERVICES, POLICE AND FIRE, OR OUR UTILITY SERVICES SUCH AS WATER AND SEWER. SO WE'RE ALSO PLANNING FOR THAT AS WELL. BUT THE PRIMARY ROLE IS, IS THAT, UH, IT'S TO GUIDE DECISIONS THAT IMPACT PUBLIC SAFETY, HEALTH ACCESS TO RESOURCES, ENVIRONMENTAL QUALITY, AND, AND SOMETIMES THOSE DECISIONS CAN EXACERBATE ECONOMIC OR RACIAL INEQUALITIES. AND SO WE'RE SORT OF, WE'RE WEIGHING THOSE AS WELL AND BRINGING THOSE FACTORS INTO THE PROCESS TOO. NEXT SLIDE, PLEASE. SO IF WE HAVE, FROM THE LEFT, IF WE HAVE A, A, WHAT WE CALL A POLICY DOCUMENT, THAT'S A PLAN. SO THAT POLICY DOCUMENT CAN HAVE OUR GOALS, THAT CAN HAVE OUR POLICIES, IT CAN EVEN DIRECT ACTIONS THAT THE CITY NEEDS TO TAKE TO FULFILL THOSE POLICIES. THEN IN ORDER TO IMPLEMENT THOSE POLICIES, WE THEN TURN TO THE ZONING ORDINANCE. SO THE ZONING ORDINANCES IS THE LAW OF THE CITY AS IT RELATES TO LAND DEVELOPMENT, AND THAT'S WHERE THE SPECIFIC REGULATIONS RELATED TO HISTORIC AND CULTURAL PRESERVATION ARE LOCATED. IT'S CHAPTER 15 OF THE ZONING ORDINANCE. SO YOU'LL BECOME VERY FAMILIAR WITH THAT CHAPTER, UH, IN THE EXERCISE OF YOUR DUTIES. BUT, BUT IT'S, IT'S VERY IMPORTANT BECAUSE WHEN WE THINK ABOUT THE POLICY DOCUMENT, WE'RE LOOKING FOR CONSISTENCY WITH THE GOALS AND POLICIES OF THE CITY. SOME OF THOSE GOALS AND POLICIES CAN BE VERY SPECIFIC. SOMETIMES THEY CAN BE QUITE BROAD. SO TO, UH, SAY A BROAD POLICY OF SUPPORT, THRIVING ECONOMIC ACTIVITY IN THE DOWNTOWN AREA, THAT DOESN'T REALLY SAY EXACTLY WHAT YOU SHOULD BE DOING, BUT IT SETS FORWARD A GOAL OF WHAT THE COMMUNITY WANTS TO ACHIEVE LONG TERM. SO THEN WE LOOK TO, TO SPECIFIC [00:30:01] PROPOSALS, AND WE SAY, WELL, IS THIS PROPOSAL TO, UM, BUILD A NEW COMMERCIAL DEVELOPMENT OR TO, UM, PERHAPS CHANGE THE LAND, USE THE USES OF A BLOCK OF EXISTING COMMERCIAL DEVELOPMENT? IS THAT INCLINED TO SUPPORT AND ADVANCE THE ECONOMIC VIABILITY OF DOWNTOWN? THAT'S VERY SUBJECTIVE, RIGHT? SO WE LOOK FOR CONSISTENCY THERE. WE WANT TO BE ABLE TO SAY, WELL, YEAH, IT DOES SO IN THIS WAY, BUT IT MAY NOT DO IT IN THIS WAY. AND THAT DECISION MAKING PROCESS BECOMES VERY MUCH AT YOUR DISCRETION BASED UPON THE EVIDENCE THAT'S PROVIDED. NOW, WE CONTRAST THAT THEN WITH THE ZONING ORDINANCE WHERE WE HAVE REGULATIONS. THOSE REGULATIONS CAN BE VERY SPECIFIC. UM, SAY FOR INSTANCE THAT A MINIMUM SETBACK IN A RESIDENTIAL NEIGHBORHOOD MAY BE THE FRONT SETBACK MAY BE 20 FEET FROM THE, UH, FRONT PROPERTY LINE OR BACK OF SIDEWALK. THAT'S VERY SPECIFIC, RIGHT? YOU CANNOT BE WITHIN 20 FEET OF THE PROPERTY LINE OR BACK OF SIDEWALK. SO, SO THAT HAS A LOT MORE DIRECTION TO IT. WHEN WE'RE LOOKING THEN AT, AT REGULATIONS AND WE'RE EVALUATING A PROJECT AGAINST THOSE REGULATIONS, THEN WE LOOK FOR COMPLIANCE. AND SO THAT'S A VERY DIFFERENT TERM, WHAT THE ZONING ORDINANCE WILL DO. IT MAY GIVE US SOME DISCRETION ON FINDING THAT COMPLIANCE. SO IT MAY SAY THAT A, AGAIN, LET'S JUST GO BACK TO THE FRONT YARD SETBACK. LET'S SAY THAT THE, THE, UM, DEVELOPMENT STANDARD SAYS THAT THE FRONT YARD SETBACK IS FROM 15 TO 25 FEET. WELL, THEN A HOUSE COULD LOCATE ANYWHERE BETWEEN 15 FEET BACK FROM THE BACK OF SIDEWALK TO 25 FEET FROM THE BACK OF SIDEWALK. AND WE LOOK AT IT AND SAY, WELL, ARE THEY WITHIN THAT SOMEHOW? NOW, IF THEY'RE ONLY 10 FEET FROM THE BACK OF SIDEWALK, THEN THEY'RE NOT IN COMPLIANCE, BUT IT CAN GIVE A, IT CAN GIVE A LITTLE BIT OF, OF PARAMETER THERE. SO TWO DIFFERENT, TWO VERY DIFFERENT DOCUMENTS WITH VERY DIFFERENT FUNCTIONS. BUT THEY SORT OF COME TOGETHER TO, TO ELICIT AND RESPOND TO THE INTENT OF THE COMMUNITY ARTICULATED THROUGH ITS VISION, BUT THEN TO ALSO ENSURE THAT THE REGULATIONS ARE IN PLACE TO PROMOTE ORDERLY DEVELOPMENT AND TO ENSURE THE PUBLIC HEALTH, SAFETY, AND WELFARE. AND THEN WE HAVE ANOTHER DOCUMENT TO THE RIGHT, WHICH IS, IS VERY IMPORTANT FOR HCPC. AND THIS EXAMPLE IS THE OAK HILL BREWSTER, A HISTORIC DISTRICT PRESERVATION GUIDELINES AND STANDARDS. SO IN OUR HISTORIC DISTRICTS, WE HAVE ADDITIONAL GUIDELINES AND STANDARDS THAT WE MAY NOT FIND IN SOME OF OUR POLICY DOCUMENTS. AND THOSE ARE UNIQUE, THOSE ARE BASED UPON, UH, STUDIES AND ANALYSIS CONDUCTED OF THE DISTRICTS. THAT'S HOW THE, THEY WERE CREATED. AND SO YOUR ROLE BE, WILL BE ADDITIONALLY TO APPLY THOSE. SO IF YOU THINK ABOUT YOUR ROLE, WE'RE ACTUALLY TAKING THE BASE ROLE OF, OF RESPONDING TO LAND DEVELOPMENT PROPOSALS, AND THEN WE'RE ADDING THAT LAYER OF HISTORIC PRE AND CULTURAL PRESERVATION ON TOP OF IT. AND SO IT GETS VERY COMPLEX, BUT, UH, YOU, YOU HAVE A LOT OF SUPPORT, , YOU HAVE SUPPORT FROM STAFF, YOU HAVE SUPPORT FROM QUALIFIED PROFESSIONALS. SO LIZ, UH, ISABELLE IS A QUALIFIED PROFESSIONAL, WHICH MEANS THAT, UM, ISABELLE, YOUR DEGREE IS IN, IT'S IN ARCHITECTURE AND HIS AND HISTORIC PRESERVATION. AND THAT, AND TO SHARE THAT WITH THE COMMITTEE, IT RELATES TO THE SECRETARY OF INTERIORS, PROFESSIONAL QUALIFICATIONS, UH, USUALLY A BACKGROUND IN ARCHITECTURAL HISTORY OR AWARENESS OF, UM, AND WORKING AND PRACTICE OF AN ARCHITECTURAL FIRM. UM, AND I CAN SPEAK A LITTLE BIT MORE, UH, IN THE NEXT COUPLE SLIDES. , NO RUSH. YEAH, GREAT. THANK YOU. BUT JUST TO POINT OUT THAT WE, WE BRING A LOT OF, A LOT OF KNOWLEDGE AND EXPERIENCE AND RESOURCES TO THE WORK THAT WE DO FOR YOU AND TO OUR REVIEW OF PROJECTS BEFORE THEY COME FORWARD TO YOU FOR CONSIDERATION. UH, NEXT SLIDE, PLEASE. SO, LOOKING HERE AT THAT DIFFERENCE BETWEEN A, UM, A POLICY THAT WE'RE LOOKING FOR, CONSISTENCY VERSUS, UH, A REGULATION, UH, YOU KNOW, WE HAVE A POLICY PROTECT HISTORIC AND ARCHEOLOGICAL RESOURCES FOR THE AESTHETIC, CULTURAL, EDUCATIONAL, ENVIRONMENTAL, ECONOMIC AND SCIENTIFIC CONTRIBUTION THEY MAKE TO MAINTAINING, ENHANCING PETALUMA'S CHARACTER, IDENTITY, AND QUALITY OF LIFE. THAT REALLY SUMS UP WHY WE FIND THAT CERTAIN HISTORIC DEVELOPMENT OR CERTAIN PLACES IN TOWN ARE SO IMPORTANT, YOU KNOW, UM, SOMETIMES WE'RE NOT JUST LOOKING AT, UM, A, A BUILDING, UM, LAST YEAR, WAS IT IN 24 OR 23, THE, UM, THE RED BARN [00:35:01] COMPLEX, I BELIEVE 23 MM-HMM . UH, FOR DESIGNATION OF THREE STRUCTURES, UH, RELATED TO THE, THE BARN CHARACTER AND, UH, CULTURAL AREA IN PETALUMA, RIGHT? SO IN THAT EXAMPLE, IF WE HEAD OUT, UM, WEST D STREET, JUST PAST WINDSOR DRIVE, UM, WHERE THE, UM, OH, GOSH, NOW IT'S GOING TO ESCAPE ME. THE RESIDENTIAL DEVELOPMENT, SID COMMONS, UH, NO, NOT SID COMMONS. UM, SCOTT RANCH. SCOTT RANCH. THE SCOTT RANCH DEVELOPMENT THAT, UH, ON THE NORTH, WHAT WOULD BE THE NORTHWESTERN CORNER, I BELIEVE, OF WINDSOR AND D STREET, BUT THERE'S THE RED BARN COMPLEX, AND THAT VISTA OF AGRICULTURAL LAND AND BARNS KIND OF SITUATED WITHIN THE VISTA IS REALLY EVOCATIVE OF THE CITY'S AGRICULTURAL HISTORY AND HERITAGE. AND SO IT WAS DESIGNATED AS A LANDMARK SPECIFIC REFERENCE TO THE RED BARNS THEMSELVES, BUT MORE BROADLY, IT CONSIDERED THAT VISTA AND HOW THAT REFLECTS THE HISTORY OF THE COMMUNITY. SO WE CAN RANGE FROM SOMETHING AS SIMPLE AND AS SPECIFIC AS A PARTICULAR SIGN ALL THE WAY TO A BUILDING, YOU KNOW, THE PETALUMA MUSEUM BUILDING AND THEN ON OUT TO, TO A VISTA OR SOME SORT OF OTHER, MORE GENERALIZED AREA THAT IS, IS VERY EVOCATIVE AND REFLECTIVE OF SOME OF THOSE CONTRIBUTIONS TO PETALUMA'S CHARACTER, IDENTITY, AND QUALITY OF LIFE. AND THEN ON THE, ON THE RIGHT HAND SIDE, OF COURSE, WE SEE THE VARIOUS, UH, REGULATIONS IN THE ICO, UH, THAT IMPLEMENT THAT. THEN, SO WE HAVE THE POLICIES IN THE GENERAL PLAN, AND THEN THEY GET IMPLEMENTED, UM, BY THE ICO. NEXT SLIDE. ANDREW, IF I MAY ADD, UH, AS WELL TO SPEAK ON CHAPTER 15, THOSE ARE THE, THE RULES IN TERMS OF HOW TO DESIGNATE A LANDMARK OR HOW TO MOVE FORWARD WITH A REVIEW OF A PERMANENT APPLICATION. SO, UH, ONCE YOU START GETTING FAMILIAR WITH THE IEO, IT'S A BREAKDOWN OF HOW THE PROJECTS GET PRESENTED, UM, HOW WE RECEIVE THAT DISCRETIONARY REVIEW, UM, AND HOW THAT PROJECT MOVES FORWARD, UH, WHETHER IT'S CONDITIONED OR, UM, APPROVED, UH, FORWARD. UH, SO JUST TO ADD A LITTLE BIT MORE CONTENT THERE. SURE. THANK YOU. AND, AND WHILE YOU WERE TALKING, THAT REMINDED ME, IF WE LOOK AT IZO SECTION 15.040 DESIGNATION OF LANDMARKS AND HISTORIC, UH, DISTRICT BY ORDINANCE, THAT ACTUALLY IS A LEGISLATIVE ACTION THAT ONLY CITY COUNCIL CAN TAKE. SO A, A DESIGNATION WOULD COME TO YOU AND YOU WOULD RECOMMEND TO CITY COUNCIL THE ACTION THAT, THAT, UH, CITY COUNCIL SHOULD CONSIDER. BUT CITY COUNCIL WOULD TAKE THE ACTION TO ACTUALLY DESIGNATE A SITE AS A LANDMARK OR TO ESTABLISH A HISTORIC DISTRICT. WE, WE CAN CONTRAST THAT WITH SECTION 15.050 AND 0 6 0, UM, APPLICATIONS TO CONSTRUCT OR ALTER DESIGNATED STRUCTURES OR APPLICATIONS FOR DEMOLITION PERMITS. WHEN THOSE ITEMS COME FORWARD, THEY COME TO YOU FOR THAT QUASI-JUDICIAL DECISION. AND THEN THE DECISION THAT YOU MAKE IS, IS WHERE IT ENDS. THEN YOU ARE THE, UH, THE REVIEW AUTHORITY FOR THAT PROJECT ACTION. AND, UH, MS. MCMICHAEL, YOU HAVE A QUESTION. I'M NOT GOOD WITH ACRONYMS, YOU'LL FIND, BUT AN IZO RELATES TO ZONING, OH, THAT'S THE RIGHT, THE ZONING ORDINANCE, UH, IN, UH, IN PETALUMA, WE REFER TO IT AS THE IMPLEMENTING ZONING ORDINANCE, OR ICO, OTHER JURISDICTIONS MAY REFER TO IT AS THE ZONING CODE OR, UH, THE ZONING ORDINANCE. GREAT QUESTION, THOUGH. THANK YOU. OKAY, NEXT SLIDE. SO, UM, HERE WE WANT TO INTRODUCE IN TERMS OF THE ACTIVITIES THAT YOU'LL BE ENGAGING IN. UH, YOU DO HAVE REGULARLY SCHEDULED MEETINGS. THOSE TAKE PLACE ON THE FIRST TUESDAY OF THE MONTH, UH, BEGINNING AT, AT OR AFTER 4:00 PM AND WE HOLD THOSE MEETINGS IF WE HAVE ITEMS FOR YOU TO REVIEW. SO WE DON'T ALWAYS HAVE THOSE MEETINGS IF WE DON'T HAVE ANY PROJECTS OR ANY OTHER LEGISLATIVE ACTIONS FOR YOU TO CONSIDER. OFTENTIMES, WE WON'T HOLD THE MEETING, UM, JUST FOR, FOR RESOURCE, YOU KNOW, STAFFING RESOURCE PURPOSES. AND WHEN THAT HAPPENS, UM, URIEL WILL SEND OUT A NOTICE OF CANCELLATION. WHEN WE DO HOLD A MEETING THOUGH, WE HOLD A PUBLIC MEETING, OKAY? SO WHEN, WHEN WE SEND THE AGENDA AND WE REFER TO THE REGULARLY SCHEDULED MEETING, WE'RE REFERRING TO A PUBLIC MEETING OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WITHIN THAT PUBLIC MEETING, THEN WE MAY HAVE HOLD A PUBLIC HEARING FOR A SPECIFIC ITEM. AND SO THERE'S A NUANCE THERE WHEN WE TRANSITION FROM A PUBLIC MEETING TO A PUBLIC HEARING, [00:40:01] IN THAT THE PUBLIC HEARING CAN BE ADVISORY WHERE YOU'RE RECOMMENDING ON LEGISLATIVE ACTIONS. IT CAN BE QUASI-JUDICIAL WHERE YOU'RE EXERCISING YOUR DISCRETIONARY APPROVAL, UM, AUTHORITY. UH, AND THEN IT COULD BE QUASI-JUDICIAL IN THE FORM OF AN APPEAL, BECAUSE IF THE DIRECTOR MAKES A DECISION AND THERE'S LEVELS OF DECISIONS ABOUT HISTORIC AND CULTURAL PRESERVATION THAT THE COMMUNITY DEVELOPMENT DIRECTOR CAN DECIDE ON, IF THAT DECISION IS APPEALED, IT COMES TO YOU ON APPEAL, AND THEN YOU REVIEW IT AS THE, AS THE APPEAL BODY. SO JUST KEEP IN MIND, AND WE ALWAYS DIRECT YOU ON THIS, AND THE AGENDA WILL ALWAYS DIRECT YOU. SO IF YOU NOTICE WHERE WE SAY THAT, UH, INFORMATIONAL PRESENTATIONS, STUDY SESSIONS, WORKSHOPS AND COMMISSION BUSINESS, LIKE ON TODAY'S MEETING ITEM AGENDA FOR THE WORKSHOP, WE SAID IT WAS A WORKSHOP. THAT MEANS WE'RE HOLDING IT DURING A PUBLIC MEETING. IF WE HAD HAD A SPECIFIC PROJECT THAT WE WERE REVIEWING, SAY, UH, FIVE 20, I THINK IT'S 5 26, OAK STREET IS A MAJOR HISTORIC SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION THAT JUST CAME IN TODAY. EVENTUALLY IN ABOUT FOUR TO SIX MONTHS, IT WILL COME BEFORE YOU, THEN THAT WOULD BE AGENDIZED AS A PUBLIC HEARING. SO, UM, KIND OF A DIFFERENCE THERE. BUT WE ALWAYS GUIDE YOU THROUGH THAT. AND, UH, YOU'LL ALWAYS BE AWARE OF WHAT'S BEING ASKED OF YOU. AND I'LL JUST ADD, TOO, YOU'LL GET A STAFF REPORT. THE STAFF REPORT WILL EXPLAIN WHAT THE ITEM IS, WHAT THE FINDINGS NEED TO BE, UH, STAFF'S RECOMMENDATION THAT WE ARE ABLE TO MAKE THE FINDINGS THAT ARE IN THE IZO TO DO THE HISTORICAL SITE PLAN AND ARCHITECTURAL REVIEW PERMIT OR DESIGNATE THE SITE HISTORICAL. SO REALLY REVIEW THE STAFF REPORTS IF YOU HAVE QUESTIONS. OUR JOB, I FEEL, IS TO MAKE SURE YOU GUYS HAVE THE INFORMATION YOU NEED TO MAKE THE BEST DECISION YOU CAN FOR THE CITY. SO PLEASE JUST LET US KNOW. ABSOLUTELY. THANK YOU. GREAT. SO, SO BRIEFLY ABOUT THE PLANNING DIVISION. UM, BROADLY, UH, WE ACTUALLY HAVE THREE PRIMARY ROLES WITHIN THE CITY. ONE IS, UH, WE ENGAGE IN COUNTER PLANNING OR RESPONDING TO CUSTOMERS AT PERMIT CENTER. EMAILS THAT COME IN VOICEMAILS. OFTENTIMES THERE'S PEOPLE ASKING, YOU KNOW, CAN I BUILD A FENCE? DO I NEED A FENCE PERMIT? I WANT TO BUILD AN ADDITION ONTO MY HOUSE. WHAT DO I NEED TO DO? UH, THEY MAY WANT TO START A HOME, UH, A HOME-BASED BUSINESS AND HAVE QUESTIONS ABOUT THAT. SO WE'RE VERY AVAILABLE TO THE COMMUNITY. WE EDUCATE AND INFORM ABOUT REGULATIONS AND COMPLIANCE, UH, VERY MUCH SO. THE, THE, UH, COUNTER PLANNING STAFF AND URIEL ISS, ONE OF THE COUNTER PLANNING STAFF MEMBERS, VERY MUCH THE FRONTLINE AND THE FIRST PERSON THAT, UH, FIRST PLANNER THAT PEOPLE WILL SEE WHEN THEY INTERACT WITH PLANNING DIVISION. THEN WE HAVE ANOTHER GROUP OF PLANNERS, THE DEVELOPMENT REVIEW PLANNERS. AND WHAT THEY DO IS THEY RE, THEY REVIEW THE PLANNING APPLICATIONS. SO WHEN THEY RECEIVE A PROJECT APPLICATION, THEY'RE THEN LOOKING AT THAT PROJECT APPLICATION, COMPARING IT TO THE GOALS AND POLICIES OF THE GENERAL PLAN, ANALYZING IT FOR COMPLIANCE WITH THE IMPLEMENTING ZONING ORDINANCE, THE ICO, AND THEN THEY'RE THE ONES PREPARING THE STAFF REPORT AND MAKING THE RECOMMENDATION THAT THEN COMES FORWARD TO YOU. UH, AND THEN ALSO WE SUPPORT THE REVIEW AUTHORITIES. AND THEN FINALLY, THE, UH, THE POLICY PLANNING ROLE, OR POLICY PLANNING TEAM IS REALLY WORKING FORWARD. OFTENTIMES THEY'RE CALLED ADVANCE PLANNING BECAUSE THEY'RE THE ONES WHO ARE WORKING ON SPECIFIC PLANS, THE GENERAL PLAN, THEY'RE LOOKING FORWARD AND LOOKING TO CREATE NEW POLICY OR AMEND EXISTING POLICY TO RESPOND TO COMMUNITY NEED. BUT WE ALL FORM THE PLANNING DIVISION. WE'RE LOCATED WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT. WE WORK ALONGSIDE BUILDING DIVISION CODE ENFORCEMENT AND THE HOUSING DIVISION AS WELL. SO OFTENTIMES WE'RE ALL, WE'RE ALL WORKING COLLECTIVELY ON DIFFERENT QUESTIONS, DIFFERENT ISSUES, DIFFERENT NEEDS, UM, TO RESPOND TO, UH, LAND DEVELOPMENT AND COMMUNITY DEVELOPMENT, UH, NEEDS OF THE COMMUNITY OR OF, OF PETALUMA RATHER. NEXT SLIDE. AND REAL QUICK, ANDREW, I'LL JUST, OH, SORRY ABOUT THAT. I'LL JUST SAY WHERE YOU GUYS ARE LOCATED, JUST THROUGH THESE DOUBLE DOORS. WE CALL THIS THE EAST WING. THEY'RE IN THE WEST WING THROUGH THE DOUBLE DOORS, GO OUT THE ALCOVE, ANOTHER DOUBLE DOORS, AND THEY'RE JUST RIGHT THERE ON THE RIGHT. IF YOU GUYS HAVE QUESTIONS. ABSOLUTELY. BUT HONESTLY, I MEAN, THE BEST WAY IS EMAIL, EMAIL US, SCHEDULE A TIME TO GET TOGETHER, THAT, THAT REALLY WORKS WELL. BUT THERE'S ALWAYS SOMEBODY, WE'VE ALWAYS GOT AT LEAST TWO PEOPLE AT THE PERMIT CENTER. SO WE WANT TO GET A, A KIND OF TAKE A STEP BACK HERE REALLY, BECAUSE WE WANNA TALK BRIEFLY ABOUT PLANNING IN THE US CONSTITUTION, BECAUSE ALL OF THE POWER [00:45:01] AND, AND ALL OF THE LEGAL FRAMEWORK DERIVES FROM THE, THE CONSTITUTION, RIGHT? SO WE HAVE THE FIFTH AMENDMENT, WHICH, UH, STATES THAT WE CANNOT DEPRIVE CITIZENS OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF THE LAW. THAT PROPERTY IS VERY KEY HERE, BECAUSE THAT'S WHAT WE'RE TALKING ABOUT, IS AN INDIVIDUAL'S RIGHT TO OWN PROPERTY, TO DEVELOP THAT PROPERTY, TO SELL THAT PROPERTY, ENGAGE IN, IN TRANSACTIONS WITH IT. AND IT'S CALLED THAT BUNDLE OF PROPERTY RIGHTS. SO IF, IF YOU ARE A PROPERTY OWNER, YOU HAVE A BUNDLE OF PROPERTY RIGHTS THAT, THAT SAYS THAT YOU HAVE THE RIGHT TO DO CERTAIN THINGS WITH YOUR PROPERTY, AND THE CITY CANNOT DENY THAT RIGHT FROM YOU. SO SAY THE RIGHT TO SELL YOUR PROPERTY, THE CITY CAN'T SAY THAT YOU CANNOT SELL YOUR PROPERTY. THAT'S A RIGHT THAT'S DERIVED FROM THE FIFTH AMENDMENT. ON THE OTHER HAND, THERE MAY BE CERTAIN, LIKE, LET'S TAKE A VACANT PARCEL AND SAY THAT THE PROPERTY OWNER WANTS TO DEVELOP IT FOR 150 APARTMENT UNITS, RIGHT? SO THEY WANT TO DO A MULTI-FAMILY DEVELOPMENT. WHAT THE IMPLEMENTING ZONING ORDINANCE MAY SAY IS YOU'RE ALLOWED TO DEVELOP IT, BUT YOU HAVE TO GET APPROVAL FROM THE CITY FIRST. SO WHAT YOU'RE SAYING, WHAT, WHAT AT ONE LEVEL, WHAT THE FIFTH AMENDMENT AND WHAT THE CONSTITUTION IS TELLING US IS YOU HAVE SOME ESSENTIAL PROPERTY RIGHTS THAT ARE ARE YOURS BY, RIGHT? AND WE REFER TO IT AS BY, RIGHT? THE CITY CAN'T TAKE THOSE AWAY OR ALTER THEM. HOWEVER, THERE MAY BE OTHER OPPORTUNITIES THAT THE CITY SAYS, WELL, YOU CAN DO THIS, BUT WE HAVE TO APPROVE IT FIRST. AND TYPICALLY WHEN WE'RE DOING THAT, SORRY, WE ARE LOOKING AT AN EXPANSION OF THOSE PROPERTY RIGHTS. SO IF YOU THINK ABOUT THAT SMALLISH BUNDLE, BUT YET THERE'S SORT OF THIS HALO AROUND IT THAT SAYS, WELL, YOU COULD DO MORE WITH IT PROVIDED THAT YOU GET APPROVAL FIRST. AND SO THAT PROCESS THEN IS WHAT WE CALL THE DUE PROCESS. OKAY. AND VERY MUCH SO THE, THE CONVERSATION THAT WE'RE HAVING TODAY WHEN THE PROJECTS COME BEFORE YOU, MY ROLE AS PLANNING MANAGER, DILLON'S ROLE AS A ASSISTANT CITY ATTORNEY, OUR COLLECTIVE ROLES ARE TO ENSURE THAT WE'RE COMPLYING WITH THE DUE PROCESS THAT'S AFFORDED TO THE APPLICANT BY THE LAW. SO FOR INSTANCE, SOME MAY, YOU KNOW, THERE MAY BE A CONTROVERSIAL APPLICATION THAT COMES IN AND WE'LL GET, YOU KNOW, WE'LL GET CORRESPONDENCE FROM THE COMMUNITY SAYING, WHY DID YOU EVEN ACCEPT THIS APPLICATION? WELL, WE HAVE TO ACCEPT THE APPLICATION. THAT'S PART OF DUE PROCESS. IF WE SAY THAT YOU MAY BE ALLOWED TO DO THIS, BUT YOU HAVE TO SUBMIT AN APPLICATION AND GO THROUGH THE REVIEW PROCESS, THEN WE HAVE TO AFFORD YOU THAT PROCESS TO DO THAT. SO IT'S REALLY IMPORTANT WHEN WE TALK ABOUT THE FIFTH AMENDMENT, THE 10TH AMENDMENT, WHICH THEN GIVES US THE POWER TO ACT AT THE LOCAL LEVEL IN THOSE LEGISLATE, LEGISLATIVE AND QUASI-JUDICIAL ACTIONS, OR THE 14TH AMENDMENT, UH, WHICH COMES BACK ON FIFTH AMENDMENT TALKING ABOUT, UH, SUBSTANTIVE AND PROCEDURAL DUE PROCESS. CHECK ME IF I'M WRONG ON THAT, DYLAN, BUT I THINK I WAS CORRECT. OKAY, GOOD. SO, UM, THOSE, YOU KNOW, WE'RE WORKING UPWARD AND DOWNWARD AT THE SAME TIME, AND THAT'S ALWAYS PROVIDING THE LEGAL FRAMEWORK THAT WE'RE COMPELLED TO WORK WITHIN. AND SO THAT'S WHY IT'S SO IMPORTANT WHEN WE TALK ABOUT THE CRITERIA THAT YOU USE TO EVALUATE WHEN YOU'RE MAKING A DECISION, WHEN WE CONSIDER PUBLIC COMMENTS, WHEN WE LOOK AT THE TECHNICAL STUDIES AND REPORTS THAT PROFESSIONALS AND EXPERTS PREPARE, YOU KNOW, WHETHER IT'S A QUALIFIED PROFESSIONAL LIKE ISABELLE, OR PERHAPS IT MIGHT BE A TRANSPORTATION ENGINEER OR, OR A, UH, STRUCTURAL ENGINEER OR SOME OTHER PROFESSIONAL, IT'S VERY IMPORTANT THAT WE'RE UNDERSTANDING HOW WE RECEIVE THAT INFORMATION AND THEN PROCESS THAT INFORMATION AND THEN BRING IT TO YOU IN THE FORMAL DECISION MAKING PROCESS. DYLAN, ANY THOUGHTS ON THAT? YEAH, JUST EXPAND ON THAT A LITTLE BIT. SO THE CITY, WE HAVE THE ABILITY THROUGH THE 10TH AMENDMENT, OUR POLICE POWERS TO ZONE PROPERTIES FOR THE HEALTH, SAFETY AND WELFARE OF THE BEST INTERESTS OF THE CITY. SO THAT'S WHY, YOU KNOW, WE HAVE RESIDENTIAL, WE HAVE INDUSTRIAL, AND, AND ANYBODY IN RESIDENTIAL, THEY CAN'T ZONE THEIR PROPERTY FOR A CEMENT FACTORY OR I DON'T KNOW, A MEAT BUTCHER OR SLAUGHTER SLAUGHTERHOUSE, I GUESS. AND THAT'S BECAUSE THE CITY COUNCIL, THROUGH RECOMMENDATIONS OF PLANNING COMMISSION OR HCPC OR WHOEVER DECIDED THAT THOSE ZONES AND WHAT THOSE LAND USES ARE, ARE THE BEST FOR THE CITY. UM, SO THAT IS THE CITY'S ABLE TO ZONE THE PROPERTY THROUGH ITS POLICE POWER THROUGH THE 10TH AMENDMENT. LIKE ANDREW SAYS, [00:50:01] IF A CITY ZONING RULES GO SO FAR THAT THEY CONSTITUTE A TAKING, THEN IT'S A VIOLATION OF THE FIFTH AMENDMENT, AND THEN THE CITY HAS TO PAY JUST COMPENSATION FOR THAT. SO FOR INSTANCE, UH, YOU BUY A HOME THAT ZONE RESIDENTIAL, THE CITY THEN CAN'T SAY YOU PROPERTY OWNER, YOU CAN'T MAKE VALUABLE USE OF THAT PROPERTY. UH, UH, ZONING ORDINANCE GOES SO FAR THAT WE ARE TAKING AWAY THEIR ABILITY TO HAVE ECONOMIC ADVANTAGE OF THEIR PARCEL. THEN THE CITY WOULD HAVE TO PAY JUST COMPENSATION. THAT'S A VIOLATION OF FIFTH AMENDMENT THROUGH A TAKINGS. BUT, UH, THE CITY, THROUGH OUR LEGAL COUNSEL, WE DO A PRETTY GOOD JOB OF MAKING SURE THAT OUR REGULATIONS DON'T GO FAR ENOUGH WHERE IT CONSTITUTES A TAKING. YEAH. GREAT. THANK YOU. HOW ARE WE DOING? OKAY, GOOD. GREAT. OKAY. SO, SO IN TERMS OF DUE PROCESS, WE LOOK AT SUBSTANTIVE DUE PROCESS AND PROCEDURAL DUE PROCESS. SO SUBSTANTIVE DUE PROCESS, ASK THE QUESTION, WAS THE GOVERNMENTAL DECISION ARBITRARY? WHEN WE'RE WORKING IN PLANNING, WHEN WE'RE WORKING ON PROJECT REVIEW, WE ARE ALWAYS VERY CONSCIOUS OF ARE WE ACTING IN AN OBJECTIVE MANNER? ARE WE ACTING FAIRLY? ARE WE ACTING CONSISTENTLY, AND ARE WE BEING TRANSPARENT? SO THOSE ARE THE HALLMARKS OF AN EFFECTIVE, UM, PLANNING PROCESS THAT ENSURES SOMEBODY THAT THEIR, THEIR RIGHT TO SUBSTANTIVE DUE PROCESSES BEING, BEING MET, UM, AND PRESERVED. SO SOMETIMES WE'LL TALK ABOUT PRECEDENTS AND WHAT WE MAY IS, IS WHERE WE'RE APPLYING SOME ELEMENT OF THE IZO OR EVEN A POLICY THAT MIGHT EXIST. SOMETIMES WE'LL LOOK BACK TO HOW THAT'S BEEN APPLIED PREVIOUSLY. SO IN THE SAME MANNER THAT THE COURTS MAY LOOK TO CASE LAW, WE'LL LOOK TO PRIOR INSTANCES OF INTERPRETATION OF A POLICY OR A REGULATION THAT'S EITHER VAGUE, WHETHER IT'S INTENTIONALLY VAGUE OR POORLY WRITTEN, BECAUSE THEY CAN BE BOTH. AND, AND OFTENTIMES WE'LL SEE THEM. BUT WE'LL LOOK BACK AND SAY, WELL, WELL WHAT DID WE DO IN 2017 WHEN WE HAD A SIMILAR SITUATION OF, YOU KNOW, A SINGLE FAMILY RESIDENTIAL HOME IN A HISTORIC DISTRICT THAT WANTED TO, UM, ADD A TWO STORY ADDITION TO THE REAR? AND WE MAY HAVE A QUESTION ABOUT SETBACKS THERE OR SOMETHING LIKE THAT. WE'LL GO BACK AND LOOK AT IT BECAUSE THAT BECOMES AN IMPORTANT PART OF, OF US ENSURING THAT WE'RE FAIR AND THAT WE'RE CONSISTENT IN OUR APPLICATION OF THE LAW. WE CONTRAST THAT THEN WITH PROCEDURAL DUE PROCESS. THAT'S WHERE, WHEN WE, WHEN WE'RE, WE'RE TAKING A PROJECT THROUGH THE PUBLIC REVIEW PROCESS FROM PUBLIC HEARING TO ITS OPPORTUNITY TO APPEAL AND THEN ACTION ON THE APPEAL, THAT'S WHERE WE WANT TO ASK, WAS THE PROCESS FAIR? WAS THE, WAS THE APPLICANT AFFORDED THE OPPORTUNITY TO MAKE THEIR CASE ON THAT QUASI-JUDICIAL REVIEW THAT THAT'S BEING ENGAGED IN DURING THE PUBLIC HEARING? WAS THERE ADEQUATE NOTICE TO THE PUBLIC THAT THE PUBLIC COULD BRING FORTH COMPLAINTS ABOUT THE PROJECT? AND HOW WERE THOSE COMPLAINTS RECEIVED? AND THEN, UM, WE GET INTO, UH, THE HEARING ITSELF WHERE WE LOOK AT, UH, WHAT'S THE OPPORTUNITY TO PRESENT WHAT'S THE APPLICANT AVAILABLE WITH THE OPPORTUNITY TO PRESENT. SO YOU'LL OFTEN, YOU'LL SEE A STRUCTURE IN OUR PUBLIC HEARINGS WHERE WE OPEN THE PUBLIC HEARING, WE DO THE EX PARTE DISCLOSURES WHERE YOU AS COMMITTEE MEMBERS WILL DISCLOSE IF YOU'VE HAD ANY CONVERSATIONS WITH THE APPLICANT, IF YOU VISITED THE SITE, THINGS LIKE THAT. AND YOU CAN DO THAT RIGHT AS LONG AS YOU DISCLOSE IT SO THAT WE'RE AWARE THAT EVERYBODY'S AWARE OF IT, SO THAT THAT PROCEDURAL DUE PROCESS IS FAIR AND THAT THE, UH, THE APPLICANT IS RECEIVING A FAIR HEARING. THEN, UM, THEN WE'LL MOVE ON TO THE STAFF PRESENTATION WHERE THE STAFF WILL, UH, PRESENT THE FACTS OF THE CASE, REVIEW OUR, UH, PLANNING, REVIEW OUR ANALYSIS, AND MAKE THE RECOMMENDATION TO YOU. THEN WE OFTENTIMES GO TO THE APPLICANT BECAUSE THE APPLICANT HAS THE RIGHT TO PRESENT THEIR OWN CASE ABOUT THEIR PROPERTY RIGHTS AND, AND HOW THEY WISH TO EXERCISE THEIR PROPERTY RIGHTS. FROM THERE WE GO TO PUBLIC COMMENT, WE GO THROUGH Q AND A, AND THEN YOU, YOU HAVE THE OPPORTUNITY TO DISCUSS AMONGST YOU BEFORE MAKING THE DECISION. SO ALL OF THAT'S VERY CAREFULLY, UM, CHOREOGRAPHED. SO AGAIN, SO THAT WE'RE CONSISTENT THROUGH THE PROCESS, BUT THEN THAT HELPS US ENSURE THAT, UM, PROCEDURAL DUE PROCESS IS, UH, IS RECOGNIZED AND IS AFFORDED TO THE APPLICANT. AND ANDREW, REAL QUICK, I'LL JUST EXPAND. THIS IS A LOT. YOU GUYS ARE DOING REALLY GOOD , UH, LET US KNOW IF YOU HAVE ANY QUESTIONS. 'CAUSE IT'S, I DON'T KNOW, PLANNING 100, PROBABLY PLANNING 1 0 1 ALL IN THE LAST 50 MINUTES. UH, BUT IF YOU WOULDN'T MIND, ISABEL, JUST GOING BACK TO THE PREVIOUS SLIDE, [00:55:01] SUBSTANTIVE DUE PROCESS REALLY ONLY COMES INTO PLAY WHEN YOU'RE IN YOUR LEGISLATIVE, UH, JUDICIAL OR LEGISLATIVE, UH, CAPACITIES AND YOU HAVE YOUR LEGISLATIVE HAT ON. SO THAT IS, IF YOU ARE EXPANDING THE HISTORICAL ZONE OR RECOMMENDING THAT CITY COUNCIL CHANGES A PROPERTY THAT'S ZONED FROM SINGLE FAMILY TO MULTI UH, UNITS, AND REALLY THE SUBSTANTIVE DUE PROCESS, IT'S A REALLY, REALLY LOW BAR, UH, STAFF WILL HAVE THE EXPLANATION, YOU KNOW, WHY WE WANT TO ZONE A OR RECOMMEND THE PARCEL GETS CHANGED FROM SINGLE FAMILY TO MULTI. MAYBE IT'S BECAUSE WE'RE IN A HOUSING CRISIS, THAT'S A GOOD ENOUGH REASON THE COURT'S NOT GONNA SECOND GUESS US. UH, THE PROCEDURAL DUE PROCESS THAT REALLY COMES INTO PLAY, LIKE ANDREW SAID, WHEN YOU HAVE YOUR QUASI JUDICIAL HAT ON, LET'S SAY SOMEBODY HAS SEEKING A HISTORICAL SITE PLAN AND ARCHITECTURAL REVIEW PERMIT, THEN WE WILL GIVE THE APPLICANT ADEQUATE NOTICE. WE'RE NOT JUST GONNA SPRING THE HEARING ON HIM OR THE, UH, OPPONENTS OF THAT. UH, OUR ORDINANCE PROVIDES THE REQUIRED NOTICE, UH, THAT TYPICALLY IS NOTICE TO ALL PROPERTY OWNERS WITHIN 500,000 FEET, DEPENDING ON THE TYPE OF PROJECT. YEAH, YEAH. UM, THEY HAVE THE ABILITY TO PRESENT THE APPLICANT, I BELIEVE IT'S 10 MINUTES TO MAKE THEIR CASE FOR WHY YOU SHOULD APPROVE IT, AND THEN THAT YOU GUYS ARE AN IMPARTIAL HEARING MAKERS. SO I THINK ANDREW'S GONNA TOUCH ON BIAS THAT ALSO INCLUDES, UH, YOU KNOW, NOT BEING ON YOUR CELL PHONE DURING THE HEARINGS, JUST GIVEN THE APPLICANT THE, YOU KNOW, FULL 10 MINUTES THAT THEY'RE ENTITLED TO, AND THEN THEY WILL GET THEIR PROCEDURAL DUE PROCESS. GREAT. THANK YOU. OKAY. BIAS QUICKLY WE CAN, THIS IS A FAIRLY STRAIGHTFORWARD CONFLICTS OF INTEREST. THE PRIMARY CONFLICT OF INTEREST IS DO YOU HAVE INTEREST IN A PROPERTY WITHIN PROX WITHIN A CERTAIN PROXIMITY TO, UH, A PROJECT THAT YOU MIGHT BE REVIEWING AND BEING ASKED TO MAKE A DECISION ON? SO, UH, WE, WE ALWAYS CHECK THAT, UM, ONE OF ARIEL'S RESPONSIBILITIES WHEN HE'S ORGANIZING A MEETING IS HE'S LOOKING AT WHERE YOU LIVE OR WHERE YOU OWN PROPERTY IN COMPARISON TO, UH, THE LOCATION OF THE PROPOSED, UM, DEVELOPMENT ACTIVITY. OR IT CAN EVEN BE FOR A LANDMARK DESIGNATION. AND THEN WE BRING THAT FORWARD IF THERE'S A POTENTIAL FOR CONFLICT OF INTEREST, DYLAN BECOMES INVOLVED AND WE EVALUATE IT AND WORK WITH YOU ON THAT. IF YOU EVER HAVE QUESTIONS ABOUT CONFLICT OF INTEREST, YOU CAN GO STRAIGHT TO DYLAN AND UH, AND HE'LL HELP YOU WITH THOSE. AND I'LL SAY TOO, TALK TO THE CITY CLERK AND THE CITY ATTORNEY'S OFFICE TODAY AND THE CITY MANAGER. WE DO PLAN ON DOING A LARGER KIND OF TRAINING FOR ALL THE CCBS, UH, REGARDING CONFLICTS, PUBLIC RECORDS ACT BROWN ACT FORM 700. SO THIS IS JUST KIND OF A, I KNOW CURSORY, UH, BRIEF OVERVIEW AND THEN WE'LL HAVE A DEEPER EXPLANATION. BUT ANDREW'S ABSOLUTELY RIGHT FOR CONFLICTS. THE MAIN ONE IS, DO YOU HAVE A FINANCIAL INTEREST IN THAT DECISION? UH, THE POLITICAL REFORM ACT DOESN'T WANT PEOPLE RIGHT NEXT DOOR OR THEIR FAMILY MEMBERS THAT YOU'RE DECIDING ON TO HAVE THE HEARING OFFICERS BE SOMEHOW FINANCIALLY INTERESTED BECAUSE THE CITY AND THE PUBLIC, THEY HAVE THE RIGHT TO, YOU KNOW, THAT THE CITY COUNCIL, THAT THE PLANNING COMMISSION HISTORICAL PLANNING COMMISSIONS ARE MAKING THEIR DECISIONS IN WHAT'S THE BEST INTEREST OF THE CITY AND NOT, YOU KNOW, THE COUNCIL MEMBER'S POCKETS. UM, SO YEAH, IT'S, IF YOU ARE LOCATED WITHIN A THOUSAND FEET OF WHATEVER THAT DECISION IS, LET US KNOW. YURI OLD DOES A GREAT JOB OF TRYING TO FIGURE THAT OUT. AND THEN WE'LL DO KIND OF LOOK AT THE POLITICAL REFORM ACT TO MAKE A RECOMMENDATION ABOUT WHETHER OR NOT YOU SHOULD RECUSE, UH, BESIDES BEING LOCATED. OTHER POTENTIAL CONFLICTS ARE, IS THERE A CLOSE FAMILY MEMBER THAT'S INVOLVED IN THE DECISION? UH, MAYBE SOMEBODY THAT'S PROVIDED YOU A GIFT RECENTLY, OR EMPLOYMENT, I GUESS ANYTHING THAT MAYBE YOUR SPIDER SENSES START TINGLING WOULD LIKE, OH, I KNOW THIS PERSON, UH, LET US KNOW. WE CAN TAKE A LOOK AT THAT. OKAY. YEAH. AND YEAH, AND, AND IT'S NOT ALWAYS A RECUSAL, SO, UM, IT'S JUST RECOMMENDATIONS. YEAH. YEAH. IT'S BETTER TO JUST BRING IT UP. WE CAN TALK THROUGH IT. WE CAN MAKE OUR RECOMMENDATION TO YOU ON, ON HOW TO ACT, AND THEN YOU CAN, YOU CAN TAKE IT FROM THERE. SO, UM, BIASES THEN GOING TO PREJUDICIAL STATEMENTS. I THINK THAT'S PRETTY STRAIGHTFORWARD IN YOUR ROLE ON THE COMMITTEE. YOU, YOU WILL LIKELY, UH, RECEIVE COMMUNICATIONS FROM FRIENDS, FROM COMMUNITY MEMBERS AND SUCH ABOUT CERTAIN PROJECTS. YOU JUST HAVE TO BE VERY BALANCED, UM, IN THAT OFTENTIMES, YOU KNOW, YOU WANT TO LISTEN RIGHT? AND, AND, UH, AND, AND HEAR THEM AND UNDERSTAND THEM, BUT IT'S JUST THAT YOU DON'T, YOU DON'T REFLECT A POSITION ON THE PROJECT BECAUSE, UH, THAT WOULD HAVE THE POTENTIAL FOR PREJUDICING YOU [01:00:01] EX PARTE COMMUNICATIONS WHERE I ALWAYS WENT, ALREADY WENT THROUGH. AND THEN NON-PUBLIC COMMUNICATION BETWEEN COMMITTEE MEMBERS. UH, A COUPLE OF THINGS THERE. YOU'LL NOTICE IN EMAILS FROM US THAT WE ALWAYS BLIND COPY THE COMMITTEE MEMBERS. THAT'S SO WE DON'T START ENGAGING IN CONVERSATION BACK AND FORTH VIA EMAIL. UM, SO WE DO THAT TO KIND OF PROTECT EVERYBODY. UH, IF YOU, IF YOU SEE AN EMAIL THAT COMES TO YOU AND YOU, YOU KNOW, WHERE IT'S NOT ON A, B, C, C, THEN YOU KNOW THAT THAT'S PROBABLY A PARTICULAR QUESTION TO YOU. MAYBE WE ARE WONDERING IF THERE'S A CONFLICT OF INTEREST AND NEED TO FOLLOW UP WITH YOU OR WE'RE REACHING OUT TO YOU INDIVIDUALLY ABOUT YOUR FORM 700 OR SOMETHING LIKE THAT. BUT TYPICALLY OUR CORRESPONDENCE WILL HAVE YOU ON B, C, C AND THEN WE'LL, UH, SO THAT YOU CAN'T ENGAGE IN A GROUP OR COMMITTEE WIDE CONVERSATION. AND I'LL JUST ADD TO THE PREJUDICIAL STATEMENTS BULLET. UH, WE DO HAVE AN ATTORNEY-CLIENT PRIVILEGE MEMO REGARDING SORT OF BIASES THAT NOW THAT YOU'RE COMMITTEE MEMBERS, WE WILL PROVIDE YOU SOON. I THINK THE BIG TAKEAWAY THERE, IT GOES TO THE PROCEDURAL DUE PROCESS, HAVING AN IMPARTIAL HEARING OFFICER OR HEARING BODY, UM, THAT HASN'T ALREADY MADE THEIR DECISION ABOUT AN APPLICATION. UM, SO WHAT WE RECOMMEND IS YOU'RE GONNA GET EMAILS, PUBLIC'S GONNA TALK TO YOU, THEY'LL TRY TO CONVINCE YOU. I RECOMMEND JUST SAYING THANK YOU FOR THAT INFORMATION. I HAVEN'T MADE A DECISION YET. I'M WAITING FOR THE PUBLIC HEARING TO HEAR ALL THE INFORMATION BEFORE I MAKE A DECISION. SO YOU'LL GET THAT MEMO PRETTY SOON. . YEAH. QUESTION THE BROWN ACT. UM, WILL WE BE GETTING THE SPECIFIC LANGUAGE OF THE BROWN ACT? MM-HMM . YES. UHHUH. , DEFINITELY. YEAH. YEAH. WE GIVE A LOT OF SUPPORT ON THE BROWN ACT. SO , THAT'S VERY IMPORTANT. UH, THE OTHER, I WANT THE ANOTHER NON-PUBLIC COMMUNICATION BETWEEN COMMITTEE MEMBERS THAT ALWAYS COMES UP, WELL, I WANT TO GO TO THIS NEIGHBORHOOD MEETING, OR I WANT TO GO TO THIS EVENT. AND, AND THERE MIGHT BE, YOU KNOW, I KNOW THAT SOME OF MY OTHER COMMITTEE MEMBERS ARE GOING, THAT'S FINE, JUST AVOID TALKING. YOU KNOW, IF IT'S A, IF IT'S A NEIGHBORHOOD MEETING FOR A SPECIFIC PROJECT, JUST AVOID ENGAGING IN DIALOGUE ABOUT THE PROJECT OR, OR ABOUT THE NATURE OF, YOU KNOW, WHAT MIGHT EVENTUALLY COME TO YOU. AND WE, SOMETIMES, SOMETIMES, IF WE KNOW THAT IT'S A BIG EVENT, WE'LL SEND OUT GUIDANCE IN ADVANCE JUST TO, TO REAFFIRM AND SUPPORT YOU ON YOUR DECISIONS TO ATTEND AND HOW TO ACT AT THOSE COMMUNITY EVENTS. CHAIR, I JUST WANTED TO CLARIFY WHAT I THINK IS THE CASE, BUT I'D LIKE TO KNOW FOR SURE. IT ISN'T THAT WE COULDN'T TALK ABOUT THE PROCESS, IT'S THAT WE COULDN'T TALK ABOUT A SPECIFIC PROJECT IF WE RAN INTO EACH OTHER, RIGHT? SO IF THEY HAD QUESTIONS ABOUT HOW THIS COMMITTEE FUNCTIONS, WE COULD GET TOGETHER AND TALK ABOUT HOW IT FUNCTIONS, BUT NOT GO INTO WHAT WE'RE GOING TO SAY OR WHAT WE THINK ABOUT A SPECIFIC PROJECT COMING IN FRONT OF US. DOES THAT SOUND ACCURATE? YEAH. SO THE BROWN ACT PROHIBITS A MAJORITY OF THE BODY. SO SINCE WE HAVE FIVE PEOPLE IN THIS COMMITTEE, UH, A QUORUM, WHICH WOULD BE THREE, SO MAJORITY OF THE BODY SPEAKING ABOUT ITEMS WITHIN YOUR SUBJECT MATTER JURISDICTION AS THE HCPC MEMBERS, I WOULD THINK BEING, OR THE PROCESS OF WHAT AN HCPC DOES, WOULD FIT WITHIN THAT JURISDICTION. UM, SO IT MIGHT BE BETTER JUST TO DO IT KIND OF ONE-ON-ONE OR TALK TO STAFF AND THEN LET STAFF KNOW WHAT THE ISSUE IS AND THEN WE CAN HELP WITH THAT JUST SO WE DON'T HAVE THAT BROWN ACT VIOLATION. YEAH. AND I, WE WILL GET INTO THE BROWN ACT A LITTLE BIT MORE, BUT DEFINITELY A GOOD QUESTION AND LET US KNOW IF THERE'S ANY FURTHER QUESTIONS ON THAT. 'CAUSE IT IS CONFUSING, THAT'S FOR SURE. GREAT. ALL RIGHT. GOING ON TO FAIR PUBLIC HEARING. SO, AT THE PUBLIC HEARING, WHEN, WHEN WE'VE AGENDIZED A MATTER FOR A PUBLIC HEARING, THEN YOU, AS THE REVIEW AUTHORITY, WOULD CONSIDER THE STAFF REPORT AND APPLICATION AND MATERIALS, THOSE APPLICATION MATERIALS WILL OFTEN INCLUDE TECHNICAL STUDIES AND REPORTS. SO, UH, YOU KNOW, WE MAY CALL THEM THAT REALLY, THEY'RE EVIDENCE THOUGH, YOU KNOW, AND, UH, TYPICALLY DERIVED FROM, UH, QUALIFIED PROFESSIONALS. UH, AND THEN CONSIDER THE APPLICANT'S TESTIMONY. SO THEIR, THEIR PRESENTATION ABOUT THEIR PROJECT, AS WELL AS THE, THE FULL SCOPE OF IT. IF YOU ASK THE APPLICANT QUESTIONS AND THEY RESPOND, THAT'S PART OF THAT TESTIMONY PROCESS. AND THEN FINALLY, EVIDENCE PRESENTED BY ANY OTHER AFFECTED PERSON THAT THE REVIEW AUTHORITY DEEMS RELEVANT. UM, TYPICALLY THAT WOULD BE PUBLIC COMMENT THAT YOU WOULD RECEIVE, UH, DURING THE COURSE OF THE PUBLIC HEARING, UH, THE CHAIR WILL OPEN FOR A PERIOD OF PUBLIC COMMENT. SO THOSE PUBLIC COMMENTS CAN BE DELIVERED IN PERSON, VERBALLY. UH, THEY CAN ALSO BE EMAILED OR, UH, TO URIAL PRIOR TO THE MEETING. WE RECEIVE THEM VIA MAIL AND SO FORTH. SO WE TAKE ALL OF THOSE COMMENTS VERY SERIOUSLY. UM, A A COMMENT SUCH AS, [01:05:01] I DON'T LIKE THE PROJECT, DON'T BUILD THIS. THAT'S, THAT'S A VALID COMMENT, RIGHT? THAT'S AN EXPRESSION OF SOMEBODY'S SENTIMENT AND HOW THEY FEEL ABOUT THE PROJECT. DOES THAT SENTIMENT REALLY RELATE TO A POTENTIAL FOR PUBLIC HEALTH SAFETY OR WELFARE ISSUE THAT YOU NEED TO BE CONCERNING DURING YOUR DELIBERATION? PROBABLY NOT. BUT A COMMENT THAT MIGHT BE SOMETHING LIKE, UM, I'M CONCERNED ABOUT THE PRESCHOOL NEXT DOOR AND THE AMOUNT OF TRAFFIC, AND THAT MIGHT CREATE A DANGEROUS SITUATION, UH, BETWEEN PRESCHOOL DROP-OFFS AND THEN THE ACTIVITY FROM THE COMMERCIAL BUSINESS. THAT'S A, THAT'S A, A PUBLIC COMMENT THAT RAISES A FACTUAL MATTER THAT WE NEED TO BE ABLE TO RESPOND TO. SO WHEN WE RECEIVE THOSE PUBLIC COMMENTS DURING THE REVIEW PROCESS, WE'RE OFTENTIMES LOOKING AT THEM TO SAY, ARE THEY RAISING A POTENTIAL ISSUE THAT WE HAVEN'T CONSIDERED ALREADY IN OUR ANALYSIS? NOW, IF THAT, IF THAT PUBLIC COMMENT COMES UP DURING A PUBLIC HEARING AND WE RESPOND TO THAT AND SAY, YES, WE WERE AWARE OF THAT PRESCHOOL, WE'RE AWARE OF THE POTENTIAL FOR THERE TO BE INTERACTIONS, AND MAYBE WE'VE CONDITIONED THE PROJECT, WE'VE REDUCED THE SPEED LIMIT ALONG THAT STRETCH OF, OF THE STREET OR THE BLOCK, OR WE'VE INSTALLED OTHER, OTHER MECHANISMS TO BETTER CONTROL THE ACTIONS OF DRIVERS AND OF PEDESTRIANS AND SUCH, WHEN WE CAN RESPOND TO THAT AND SAY, WE'RE AWARE OF THAT POTENTIAL ISSUE, BUT WE'VE MITIGATED IT AND WE HAVE EXPERT TESTIMONY SAYING THAT THIS IS AN EFFECTIVE MITIGATION, THEN WE FEEL THAT WE'VE ADDRESSED THE ISSUE. NOW, THE, THE COMMENTER MAY NOT FEEL THAT THE ISSUE HAS BEEN ADDRESSED, BUT THROUGH THE ANALYSIS AND THE REVIEW PROCESS, UH, PROVIDED THAT WE'RE AWARE OF IT, THEN WE HAVE TAKEN ACTION TO WORK ON IT. BUT THEN THAT BECOMES PART OF YOUR QUESTION TO YOURSELF AS YOU ENGAGE IN YOUR DELIBERATION, HAVE WE ADEQUATELY ADDRESSED THE ISSUE? AND THERE MAY BE SOME DISCRETION THERE, RIGHT? THAT'S WHY IT'S DISCRETIONARY REVIEW, BECAUSE YOU HAVE THE POWER TO RAISE THOSE QUESTIONS AND TO DECIDE ON THAT. UM, GREAT. SO THAT'S, THAT'S REALLY IN A NUTSHELL WHAT HAPPENS IN THE PUBLIC HEARING. THEY CAN, THEY CAN GO FROM ANYWHERE, TYPICALLY, I WOULD SAY 45 MINUTES TO FOUR OR FIVE HOURS, DEPENDING ON THE NATURE OF THE PROJECT. UH, NEXT SLIDE. SO, IF WE THINK ABOUT THAT, THAT DISCRETIONARY PROCESS, AND MAYBE I SHOULD HAVE FLIPPED THE NEXT TWO SLIDES, BUT I WANT TO TALK ABOUT THE MINISTERIAL PROCESS. IN THE MINISTERIAL PROCESS, IT'S, IT'S AN OBJECTIVE PROCESS, RIGHT? AN APPLICATION IS SUBMITTED, ACTIVITY IS PROPOSED, THE WHAT, THE IZO AND THE REGULATIONS SAY AS WE COMPARE THAT ACTIVITY TO WHAT'S ALLOWED, AND THE RESPONSE BASICALLY MANIFESTS EITHER THEY COMPLY WITH THE REGULATIONS, THEREFORE THE PROPO, YOU KNOW, THE PROPOSED ACTION IS PERMITTED, OR THEY DON'T COMPLY, AND THEY HAVE TO REVISE THEIR PROJECT FOR IT TO COMPLY. SO THAT MIGHT BE AN EXAMPLE WOULD SAY, UM, YOU KNOW, SOMEBODY WANTS TO BUILD AN ADDITION ON THEIR HOUSE, RIGHT? AND SO THEY SUBMIT A BUILDING PERMIT BECAUSE THE IMPLEMENTING ZONING ORDINANCE DOESN'T SAY THAT FOR A SINGLE FAMILY DETACHED RESIDENTIAL HOUSE, UH, OUT IN A, A SUBURBAN NEIGHBORHOOD DEVELOPMENT IN EAST PETALUMA, THAT YOU HAVE TO GO THROUGH A DISCRETIONARY DECISION MAKING PROCESS. IT SAYS, IF YOU'RE WITHIN THIS HEIGHT, IF YOU'RE WITHIN THESE SETBACKS WITHIN THE SQUARE FOOTAGE AND YOU DESIGN A CERTAIN WAY, THEN YOU CAN BUILD IT. SO THAT'S THE MINISTERIAL PROCESS. UM, THAT MINISTERIAL PROCESS FROM THE, UH, FROM THE PLANNING SIDE, CAN RANGE FROM BUSINESS LICENSES TO HOME OCCUPATION PERMITS, SHORT-TERM VACATION RENTAL PERMITS, SIGN PERMITS. THERE'S A WHOLE HOST OF OF PERMIT ACTIVITY THAT WE UNDERTAKE. YEAH. ADU, YEAH. ACCESSORY DWELLING UNITS. ADD TWO, WE'RE SEEING A LOT WITH RECENT, UH, JUST HOUSING LEGISLATION TO TRY TO EXPEDITE THE HOUSING OR A HOUSING CRISIS AND TO MAKE IT CHEAPER FOR DEVELOPERS WHERE, LIKE SB 35, IF A PROJECT COMPLIES WITH ALL OF THE CITY'S OBJECTIVE STANDARDS, THEN IT DOESN'T NEED TO GO TO PLANNING COMMISSION OR HCPC TO MAKE THAT FINAL DETERMINATION. 'CAUSE THE STATE LEGISLATURE MUST HAVE FELT THAT, UH, IT JUST ADDS AN ADDITIONAL HURDLE, SOME UNCERTAINTY THAT DEVELOPERS MIGHT NOT, UH, GET THEIR HOUSING BUILT. AND I THINK THE STATE LEGISLATURE PROBABLY ASSUMED THAT TO CREATE THOSE OBJECTIVE STANDARDS, IT WENT THROUGH A PUBLIC PROCESS WITH THE PLANNING COMMISSION, HCPC CITY COUNCIL TO CREATE ALL THOSE RULES. SO NOW THAT YOU HAVE A DEVELOPMENT THAT AS, I DON'T KNOW, LESS THAN FIVE ACRES, LESS THAN A HUNDRED UNITS THAT IS ZONED CORRECTLY, THAT COMPLIES WITH ALL OF THOSE OBJECTIVE STANDARDS, THEN THOSE ARE THE TYPE OF HOUSING THAT THE CITY WANTS AND THEREFORE DOESN'T NEED TO GO THROUGH A DISCRETIONARY PROCESS. [01:10:02] GOOD. THANK YOU. MM-HMM . YEAH. THE, YOU KNOW, IN, IN THE, IN THE LAND DEVELOPMENT PROCESS, THAT ADAGE, TIME IS MONEY IS REALLY MANIFESTS ITSELF BECAUSE TYPICALLY, AND THIS, THIS CAN BE FOR A HOMEOWNER, BUT YOU KNOW, FOR PROJECTS THAT COME FORWARD FOR YOU, A SINGLE FAMILY RESIDENTIAL HOMEOWNER, THEY WILL, UM, THEY HAVE TO ENGAGE WITH DESIGNERS, RIGHT? THEY HAVE TO DESIGN THE PROJECT, THEY HAVE TO PREPARE THE APPLICATION AND BRING IT FORWARD TO YOU. ALL OF THAT COST IS GOING TO BE BORNE BY THE APPLICANT. NOW, AFTER, AFTER YOU'VE APPROVED THAT ADDITION, THEY MAY GO OUT AND PULL DOWN A CONSTRUCTION LOAN, YOU KNOW, OR SOMETHING TO BE ABLE TO COVER THE COST OF THE DEVELOPMENT ACTIVITY. BUT ALL OF THAT EARLY PROCESS, THE PLANNING PROCESS TIME IS TYPICALLY, UH, FUNDED BY THE APPLICANT. SO THAT AMOUNT OF TIME THAT IT TAKES FOR THEM TO WORK THROUGH THE PROCESS IS COSTLY. IT'S COSTLY IN REAL DOLLARS, IT'S COSTLY. AND WHAT ELSE THEY COULD HAVE BEEN DOING WITH THAT MONEY OUTSIDE OF IT. THE OTHER THING IS RISK. SO, SO, YOU KNOW, THE REAL ESTATE DEVELOPMENT WORLD ALWAYS SEEKS TO AMELIORATE RISK, AND LENDERS DON'T LIKE TO LEND ON RISKY PROJECTS EITHER. SO WHEN YOU PUT TOGETHER THE REAL ESTATE AND THE FINANCE WORLDS, AND THEY'RE BOTH VERY RISK AVERSE, THEN WHEN THE STATE TAKES ACTIONS TO START TO ELIMINATE RISK, THEN THE, THE DEVELOPMENT ACTIVITY BECOMES MORE APPEALING TO THEM BECAUSE YOU'VE SHORTENED THE AMOUNT OF TIME AND YOU'VE REDUCED THE RISK. SO, UH, OKAY. GREAT. SO WE WANT TO CONTRAST THE MINISTERIAL PROCESS, WHICH IS FAIRLY STRAIGHTFORWARD, UH, WITH THE DISCRETIONARY REVIEW PROCESS, WHICH IS HOW THE PROJECTS WILL COME FORWARD TO YOU. SO WE START WITH THE APPLICATION SUBMITTAL, THAT'S VERY MUCH THE SAME. WE GO THROUGH COMPLIANCE REVIEW. UH, THE DIFFERENCE THERE IS STAFF WILL MAKE A RECOMMENDATION TO WHAT WE CALL THE REVIEW AUTHORITY, WHETHER THAT'S THE DIRECTOR MAKING THE DECISION, HCPC, MAKING THE DECISION PLANNING COMMISSION, OR EVEN CITY COUNCIL IN THAT ROLE, THEN STAFF MAKE THE RECOMMENDATION TO SOMEBODY ELSE, UH, BASED UPON THEIR REVIEW. WE CAN ALSO CONDITION PROJECTS SO WE CAN CREATE THOSE PROJECT CONDITIONS TO RESPOND TO POTENTIAL ISSUES. SO GOING BACK TO SAY, MAYBE IT'S A NEW COMMERCIAL DEVELOPMENT ADJACENT TO A PRESCHOOL, WE CAN MAKE A CONDITION TO SAY THAT, THAT YOU HAVE TO TAKE STEPS TO WORK WITH THE CITY TO REDUCE THE SPEED LIMIT TO 20 MILES PER HOUR PRIOR TO OCCUPYING YOUR BUILDING AND ENGAGING IN YOUR BUSINESS ACTIVITY. WHEREAS WE CAN'T DO THAT IN THE MINISTERIAL PROCESS. SO THAT'S A, A UNIQUE DIFFERENCE THERE. THEN WE BRING THAT ALL FORWARD TO THE, THE REVIEW AUTHORITY PUBLIC HEARING. THERE, YOU CAN, UH, RECEIVE A RECOMMENDATION AND MAKE A DECISION TO APPROVE, YOU APPROVE WITH CONDITIONS, OR YOU CAN DENY THE PROJECT. AFTER THAT. THERE'S A 14 DAY PERIOD, UH, DURING THAT 14 DAY WINDOW, ANYONE HAS THE OPPORTUNITY TO APPEAL THE PROJECT. SO THAT CAN BE AN INTERESTED PARTY FROM THE COMMUNITY WHO DOESN'T LIKE THE DECISION OF THE REVIEW AUTHORITY. IT COULD BE THE APPELLANT WHO DOESN'T, OR THE, UH, APPLICANT WHO DOESN'T LIKE THE DECISION OF THE REVIEW AUTHORITY. WHEN THEY RE WHEN THEY APPEAL, THEY'RE EXERCISING THEIR DUE PROCESS. SO FROM THERE, A DIRECTOR DECISION WILL GO UP TO HCPC OR PLANNING COMMISSION, A DECISION BY YOU OR BY PLANNING COMMISSION WILL GO ON UP TO THE CITY COUNCIL, AND, AND WE WORK THROUGH THAT WHOLE PROCESS. HEY, ANDREW, WOULD YOU BE ABLE TO EXPLAIN MAYBE THE ADMINISTRATIVE, UH, YOU KNOW, STAFF BEING THE REVIEWING BODY AND WHEN HCPC OR PLANNING COMMISSION IS THE REVIEWING BODY? WELL, SURE. SO, SO IN BOTH CASES, STAFF CONDUCT THE PLANNING REVIEW IN THAT SENSE, WE'RE REVIEWING IN THE DECISION MAKING PROCESS, THE DIRECTOR AT THE ADMINISTRATIVE LEVEL, THE DIRECTOR IS THE REVIEW AUTHORITY. SO THE DIRECTOR IS THE DECISION MAKER. IN THE SAME WAY STAFF MAKE RECOMMENDATIONS TO THE DIRECTOR, BUT THEY'LL BE FOR SMALLER PROJECTS THAT ARE LESS CONSEQUENTIAL OR LESS IMPACTFUL. AND THE ICO TELLS US WHICH APPLICATION TO REQUIRE. SO THE APPLICANT COMES IN ON THE FRONT END KNOWING THAT THE DIRECTOR WOULD BE THE REVIEW AUTHORITY, OR THAT THEIR PROJECT IS GOING TO COME TO HCPC, FOR INSTANCE. SO EXAMPLE 4 0 7 OAK. YEAH. YES. WITH WINDOWS, YES. UM, AND TO EXPLAIN THE ADMINISTRATIVE REVIEW, THAT TYPICALLY FALLS UNDER THE MINOR H BAR, MINOR HISTORIC EXCITEMENT AND ARCHITECTURAL REVIEW, WHERE WE RECEIVE THOSE APPLICATIONS THAT HAVE MINOR ADJUSTMENTS THAT STILL NEED SOME PLANNING ASSISTANCE OR REVIEW, UH, SUCH AS A REPLACEMENT OF WINDOWS OF [01:15:01] REMOVAL OF SOME ARCHITECTURAL FEATURES, UM, THAT ARE NOT CHARACTER DEFINING, THAT DO NOT CHANGE THE ARCHITECTURAL STYLE. UM, AND THAT WOULD GO THROUGH THE MINOR HS A R ADMINISTRATIVE REVIEW PROCESS. UH, SO WE RECENTLY DID HAVE RECEIVE ONE IN TERMS OF REPLACEMENT OF DETERIORATED WINDOWS, UH, HAVING THE APPROPRIATE DOCUMENTATION, UH, FOR THOSE REPLACEMENTS, UH, AND HAVING THE, THE, THE APPROPRIATE, UM, MODEL TO, TO EXHIBIT THE, THAT STYLE OF WINDOWS, UH, WITH THE DETAILING THAT WERE APPROPRIATE. UM, SO IT, IT DOES VARY BETWEEN THE MINOR, UH, MINOR REPLACEMENTS, UM, MINOR CHANGES, UH, VERSUS THE MAJOR, WHICH MIGHT BE A TWO STORY ADDITION OR A NEW STRUCTURE IN A HISTORIC DISTRICT, UM, OR REMOVAL OF, OF A CHARACTER DEFINING FEATURE, UH, BETWEEN THOSE TWO, UH, THEY'RE BOTH, UH, DISCRETIONARY REVIEW. THANK YOU, ISABELLA AND ANDREW. AND I'LL JUST ADD TOO, EVEN IF IT'S A MINOR SPAR, LIKE ANDREW SAID, THAT HAS ALREADY BEEN DETERMINED IN THE IMPLEMENTING ZONING ORDINANCE. WHAT CONSTITUTES A MINOR SPAR? LIKE ISABEL SAID, A MINOR SPAR IS CHANGING THE WINDOWS WHERE A MAJOR SPAR WOULD COME BEFORE YOU, AND THAT'S ALL DICTATED IN THE IMPLEMENTING ZONING ORDINANCE. UH, ANDREW, AS THE DIRECTOR, HAS THE ABILITY TO ALWAYS BUMP UP ADMINISTRATIVE REVIEWS TO YOU GUYS. IF IT'S A CONTROVERSIAL ITEM OR A BIG ITEM OR WHATEVER THE CASE MAY BE, IT STILL GOES THROUGH THE SAME NOTICING PROCESS, EVEN IF IT'S AN ADMINISTRATIVE AND THE, UH, MINOR SPARS DECISION CAN ALWAYS BE APPEALED TO YOU TO MAKE THE FINAL DECISION, OR ACTUALLY CITY COUNCIL THEN I THINK MAKES THE FINAL DECISION. BUT REGARDLESS IF IT'S A MINOR SPAR OR A MAJOR SPAR, THE SAME FINDINGS STILL NEED TO BE MADE AS WELL. RIGHT? YEAH, THAT'S A GREAT POINT. THE FINDINGS ARE THE SAME AND, AND THAT DECISION TO ELEVATE, UH, IS REALLY BASED UPON THE COMPLEXITY AND THE NATURE OF PROJECTS. UH, SOMETIMES WE FEEL THAT THE, THE PROJECT MERITS A DECISION BY A LARGER GROUP, AND SO WE'LL ELEVATE IT FOR A MORE PUBLIC REVIEW AND FOR A DECISION BY, YOU KNOW, THE FIVE MEMBER HCPC OR SEVEN MEMBER PLANNING COMMISSION. SO THERE'S A LOT OF CONSIDERATIONS THAT GO INTO THAT DECISION TO ELEVATE. UM, GREAT. LET'S GO ON TO PROJECT CONDITIONS, UM, AND TALK A BIT ABOUT, UH, NEXUS PROPORTIONALITY, UH, THE FACT THAT CONDITIONS HAVE TO BE LEGALLY BINDING AND ENFORCEABLE, AND THEN STANDARD VERSUS SPECIAL. IF YOU WANT TO TAKE THE FIRST TWO, DYLAN. YEAH. SO NEXUS AND WELL, PROJECT CONDITIONS. SO FOR THOSE DISCRETIONARY ITEMS THAT COME BEFORE YOU PLANNING COMMISSION OR THE DIRECTOR STAFF HAVE, WE ALL HAVE THE ABILITY TO IMPOSE CONDITIONS TO TRY TO MITIGATE THOSE IMPACTS OF THE PROJECT. SO ANDREW PROVIDED THE EXAMPLE OF A PRESCHOOL, I BELIEVE, AND THE U OR STAFF. WE COULD MAKE A CONDITION TO REQUIRE SPEED BUMPS TO MITIGATE THE DANGERS OF, YOU KNOW, CHILDREN WALKING IN THE STREETS AND FAST CARS. AND THERE WOULD BE A NEXUS THERE BECAUSE WE WOULD HAVE THE SPEED BUMPS RIGHT IN FRONT OF THE SCHOOL OR NEARBY, AND THAT WOULD BE A PROPORTIONAL TO WHATEVER THE TYPE OF PERMIT ARE. SO FOR OUR CONDITIONS TO BE LEGALLY COMPLIANT, THEY HAVE TO HAVE BOTH HAVE A NEXUS AND BE IN PROPORTION. UH, NEXUS, AGAIN, LIKE THAT SAYS, THE CONDITION HAS TO BE RELATED TO THE IMPACT. SO IF SOMEBODY IS GETTING A PERMIT FOR A FENCE, WE CAN'T THEN REQUIRE THEM TO PUT A SPEED BUMP BECAUSE THERE'S NO NEXUS BETWEEN A FENCE PERMIT AND THE HARMS OF SPEEDING. UH, BUT FOR A PRESCHOOL, IF YOU'RE DEVELOPING A NEW PRESCHOOL, THERE IS A HARM OF, YOU KNOW, DRIVING FAST AND POTENTIALLY HITTING A CHILD. SO THAT WOULD BE THE NEXUS THERE FOR THE CITY TO BE ABLE TO IMPOSE AND PLACE A CONDITION, UH, FOR A SPEED BUMP. UH, THE PROPORTIONAL AND JUST, THERE'S REALLY NO BRIGHT LINE TEST, BUT YOU KNOW, IF YOU COME IN AND SEEK A FENCE PERMIT, THE CITY CAN'T SAY, WELL, YOU NEED TO DEDICATE THE REST OF YOUR PROPERTY TO THE CITY, OR PAY THE CITY, YOU KNOW, AN EXORBITANT AMOUNT OF MONEY FOR THAT PERMIT. SO, YOU KNOW, STAFF, YOU AS ON THE DIOCESE HAVE THE ABILITY TO IMPOSE CONDITIONS, AND, UH, STAFF WILL LET YOU KNOW IF WE THINK THOSE CONDITIONS, UH, MAYBE DON'T HAVE A NEXUS OR AREN'T IN PROPORTIONAL. YEAH. GREAT. THANK YOU. MM-HMM . THE, UM, CONDITIONS, OFTENTIMES WE'RE WORKING WITH THE APPLICANT PRIOR TO, UH, COMING TO PUBLIC HEARING. SO, UH, STANDARD VERSUS SPECIAL STANDARD CONDITIONS ARE CONDITIONS THAT ALWAYS EXIST ON EVERY PROJECT. UM, OH, WHAT COMES TO MIND, LIKE, SAY, PERFORMANCE STANDARDS FOR OUTDOOR LIGHTING? YOU KNOW, ANY OUTDOOR LIGHTING HAS TO COMPLY WITH THE PERFORMANCE STANDARDS CONTAINED [01:20:01] IN THE IMPLEMENTING ZONING ORDINANCE. YOU KNOW, AS IT RELATES TO GLARE, THAT'S A, THAT'S A STANDARD CONDITION. SOMETIMES IT'S JUST RESTATING OF THE OBVIOUS, BUT WE WANT TO BRING IT TO THE ATTENTION OF THE APPLICANTS TO MAKE SURE THAT THEY COMPLY. UH, BUT THE SPECIAL CONDITIONS WE'RE WORKING WITH THE APPLICANTS PRIOR TO THE PUBLIC HEARING, MAKING SURE, MAKING SURE THAT THEY'RE AWARE OF THEM AND MAKING SURE THAT, UH, THAT, THAT THEY'RE WELL WRITTEN AND, AND THAT THEY CAN BE IMPLEMENTED. UM, OFTENTIMES BEHAVIORAL CONDITIONS ARE VERY DIFFICULT TO IMPLEMENT AND FOR THE CITY TO MAINTAIN. SO WE REALLY LIKE TO AVOID BEHAVIORAL CONDITIONS AND HAVE THAT CONDITIONING BE MORE ABOUT THE PHYSICAL CHARACTERISTICS OF THE PROJECT. UH, NEXT SLIDE, PLEASE. SO, FINDINGS, THEN WHAT YOU'RE ASKED TO DO WHEN YOU, WHEN YOU MAKE A DECISION WHEN YOU DELIBERATE, IS YOU'RE ASKED TO MAKE A CERTAIN SET OF FINDINGS THAT ARE DEFINED IN THE IMPLEMENTING ZONING ORDINANCE. AND THAT EXPLAIN IN MAKING THOSE FINDINGS. SO IF YOU SAY THAT I FIND THAT THE PROJECT IS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD AS IT RELATES TO ARCHITECTURAL STYLE, THEN WHAT YOU'RE DOING IS YOU'RE SAYING THAT YOU ANALYZE THE FACTS AND WORKED THROUGH THE LEGAL REQUIREMENTS TO, TO COME TO THAT CONCLUSION AND TO VOTE TO APPROVE. NOW, IF YOU, IF YOU WORK THROUGH ALL OF THE EVIDENCE AND YOU'RE JUST LIKE, I'M JUST NOT GETTING THIS, YOU KNOW, I'M NOT SEEING HOW THIS PROJECT IS COMPATIBLE, HOW THE DESIGN IS COMPATIBLE, THEN YOU CAN'T MAKE THAT FINDING. AND SO YOU MAY WISH TO, TO DENY APPROVAL OR TO RECOMMEND SOME CONDITIONS TO, UM, TO, TO ADDRESS THAT COMPATIBILITY ISSUE. TYPICALLY, WE DO NOT BRING PROJECTS FORWARD WITH A RECOMMENDATION FOR DENIAL. SO, AND, AND THAT'S CONSISTENT ACROSS JURISDICTIONS. THAT'S NOT JUST PETALUMA, BUT, BUT WHAT YOU'LL FIND IS THAT THE STAFF RECOMMENDATIONS ARE OFTENTIMES APPRO RECOMMENDED APPROVAL OR, UM, A CONDITIONAL APPROVAL, APPROVAL SUBJECT TO SPECIAL CONDITIONS. IF, IF YOU HAVE A RECOMMENDATION OF DENIAL, THEN YOU'VE PROBABLY FUNDAMENTALLY LOST THE ABILITY TO COMMUNICATE WITH AND NEGOTIATE WITH THE APPLICANT. AND SO YOU'RE REALLY JUST BRINGING THAT PROJECT FORWARD, SAYING, THIS IS DUE PROCESS. YOU HAVE A RIGHT TO DUE PROCESS. THIS IS WHAT WE'RE DOING, BUT WE DON'T RECOMMEND APPROVAL. I DO THINK THAT THAT MANIFESTS IN CERTAIN COMMUNITIES WITH ACCUSATIONS. THE STAFF ALWAYS RECOMMEND APPROVAL, YOU KNOW, UH, BECAUSE THAT'S WHAT THE PUBLIC WILL SEE IS, WELL, EVERY PROJECT THAT COMES FORWARD STAFF IS RECOMMENDING APPROVAL. SO STAFF MUST BE PRO-DEVELOPMENT, AND THEY MUST JUST BE, YOU KNOW, SUPPORTIVE OF, OF ALL OF THE APPLICANTS AND WHAT THEY WANT TO DO. THAT'S, THAT'S REALLY NOT THE CASE AT ALL. THERE MAY BE PROJECTS THAT YOU NEVER SEE, BECAUSE WE WERE NEVER ABLE TO WORK WITH THE APPLICANT TO GET TO, UM, A PROJECT WHERE WE COULD RECOMMEND APPROVAL. AND IN THAT CASE, WE'LL SAY, WELL, WE'LL TAKE IT FORWARD, BUT WE'LL RECOMMEND DENIAL. SO APPLICANT, THINK ABOUT IT, DO YOU REALLY WANT TO CONTINUE TO PURSUE THIS PROJECT WHEN THE CITY'S, UH, PLANNING PROFESSIONALS, LEGAL PROFESSIONALS, ENGINEERING PROFESSIONALS, ARE ALL RECOMMENDING DENIAL, UM, TO THE REVIEW AUTHORITY? THOSE PROJECTS NEVER DAYLIGHT. ALSO, WHAT TYPICALLY NEVER DAYLIGHTS IN THE FORM OF THE PUBLIC HEARING IS THE EXTENSIVE AMOUNT OF WORK THAT WE DO WITH APPLICANTS THROUGHOUT THE REVIEW PROCESS, ALL THE WAY FROM, IN SOME CASES, WE'RE WORKING WITH APPLICANTS ON PROJECTS A YEAR BEFORE THEY EVEN SUBMIT AN APPLICATION. WE'RE ENGAGING IN CONVERSATIONS ABOUT WHAT THE CITY IS LOOKING FOR. YOU KNOW, WHAT, WHAT, WHAT ARE THE CITY'S GOALS FOR THIS AREA OF TOWN DEVELOPMENT AND SUCH? AND THEN THEY'RE ASKING US, WELL, YOU KNOW, WHAT IT, HOW, HOW DO WE WANT TO THINK ABOUT DESIGN AND, AND SUCH? AND SO WE'RE WORKING WITH THEM WELL IN ADVANCE. WE WORK WITH THEM THROUGHOUT THE, THE PLANNING REVIEW PROCESS. SO WHEN WE GET TO THAT RECOMMENDATION OF APPROVAL FROM THE CITY STAFF'S PERSPECTIVE, WE'VE GOT A PROJECT THAT IS ALIGNED WITH THE CITY'S GOALS AND POLICIES, AND THAT WE FEEL ALLOWS YOU TO MAKE THE, THE DECISION THAT YOU NEED TO MAKE TO APPROVE THE PROJECT. SO THERE IS A LOT THAT GOES ON. IT'S, IT'S TRANSPARENT IN THE SENSE THAT YOU CAN REQUEST, YOU KNOW, PUBLIC RECORDS ACT FOR EMAIL COMMUNICATIONS AND SUCH, BUT THAT, THAT DAILY WORKING THAT HAPPENS WITH, WITH CITY STAFF AND WITH APPLICANTS IS NOT, ADMITTEDLY NOT AS TRANSPARENT AS A PUBLIC HEARING. SO THERE'S A DIFFERENCE THERE. UM, AND, UH, LET'S SEE, ISABEL, DO YOU WANT TO GO THROUGH THE EXAMPLE OF THE SPAR FINDINGS? YES. UH, SO FROM THE FINDINGS, UH, IN CHAPTER 24, [01:25:01] THEY APPLY TO THE SITE PLAN AND ARCHITECTURAL REVIEW. UH, WE TYPICALLY ARE LOOKING FOR, UH, THE ARCHITECTURAL STYLE THAT THE PROJECT IS, UH, CONTINUING OR PROPOSING ON THE SITE. UH, IT'S LOOKING FOR THE SIGHTING, UH, THE PLACEMENT OF THE, THE DESIGN OR THE STRUCTURE, AND HOW DOES THAT FIT WITHIN A NEIGHBORHOOD SETTING. UM, THE OTHER CONDI, UM, THE OTHER FINDING THAT STAFF MAKES IS, UM, WHAT ARE THE OTHER FEATURES THAT THIS PROJECTS BRING FORWARD IN TERMS OF SIGNAGE, UM, ANYTHING THAT, THAT RELATES TO THE OUTDOORS, UH, FENCING. UM, AND LASTLY, IN TERMS OF, UM, CONTINUING THE MAXIMUM HEIGHT OR ELEMENTS THAT ARE WITHIN THE, THE ADJACENT STRUCTURES. UM, SO IS THIS A TWO STORY RESIDENTIAL BUILDING? IS IT A THREE STORY COMMERCIAL? IS IT MIXED USE? UM, THESE, THESE ARE THE FINDINGS THAT WE CAN LOCATE, UM, WITHIN CHAPTER 24 IN THE IZO. UM, THESE WOULD APPLY TO, UH, ANY PRO ANY DEVELOPMENT PROJECTS THAT REQUIRES, UH, A MAJOR SPAR. AND THEY'RE ALSO REQUIRED FOR, UH, PROJECTS THAT, THAT INCLUDE HISTORIC RESOURCES. UH, SO THE H SPAR THAT WE, WE KEEP, UH, MENTIONING TO, UH, THE HISTORIC SITE PLAN AND ARCHITECTURAL REVIEWS. AND THIS IS SOMETHING THAT STAFF WOULD INCLUDE IN AN APPROVAL LETTER, UM, IN A STAFF REPORT. AND, UH, THAT WOULD BE PRESENTED TO YOU AS WELL, UH, DURING, UH, THE PUBLIC HEARING AND WALK YOU THROUGH, UH, THE FINDINGS AS WELL. ANY QUESTIONS SO FAR? OKAY. , I THINK THE FINDINGS MAYBE IN YOUR EXAMPLES, TOWARDS THE END, ISABEL, WHEN YOU COME BACK AND TALK THROUGH YES, IT'LL, THOSE FINDINGS WILL START TO MAKE SENSE, AND YOU'LL BE LIKE, OH, OKAY, WAIT A MINUTE. YEAH, NOW I SEE HOW THAT ANALYSIS HAPPENS AND, AND, UH, WE RE ARRIVE AT THOSE RESPONSES. SO, UH, NEXT SLIDE. YEAH, AND I'LL JUST ADD TOO, FOR A PERMIT, A SPAR PERMIT TO BE ISSUED, AND GRANTED, ALL THOSE FINDINGS NEED TO BE MADE, AND I THINK ANDREW, AND THIS, WHAT THIS SLIDE REALLY GETS AT IS THAT SUBSTANTIAL EVIDENCE. SO YOU'LL SEE IN THE FINDINGS IN THE PREVIOUS PAGE WOULD'VE, OR SLIDE, WOULD IT BE POSSIBLE TO GO BACK ISABEL FOR A SECOND? YES. . YEAH. SO ONE OF THE FINDINGS IS ALWAYS COMPATIBILITY WITH THE NEIGHBORHOOD. AND YOU'LL SEE HERE THAT THE FINDINGS DON'T JUST SAY, YES, THIS PROJECT IS COMPATIBLE. IT EXPLAINS WHY IT IS COMPATIBLE, YOU KNOW, IT'S WITHIN THE SETBACKS. IT HAS THE SAME TYPE OF ARCHITECTURE, SAME AMOUNT OF, I DON'T KNOW, UH, IF WE WERE TO DENY AND SAY IT'S NOT COMPATIBLE, WE WOULD TRY TO EXPLAIN THAT REASONING. AND THAT IS, IF IT GETS APPEALED ALL THE WAY IN FRONT OF A JUDGE, IS THAT THERE'S SUBSTANTIAL EVIDENCE IN THE RECORD TO EXPLAIN WHY IT WAS DENIED OR, UH, APPROVED. SO THAT'S REALLY AN IMPORTANT, AND THAT'S WHY YOU'LL SEE THESE FINDINGS KIND OF EXPLAIN WHAT THE FINDING IS AND THE REASONING BEHIND THAT. AND HOPEFULLY WE CAN GET TO THE NEXT SLIDE. NOW, ISABEL, AND, SORRY, I DON'T KNOW WHO'S GONNA SPEAK HERE. GO AHEAD. UH, IS A JUDGE, REALLY SHOULDN'T SECOND GUESS YOU OR CITY COUNCIL FOR HOW YOU MADE YOUR DECISION. AS LONG AS THERE'S SUBSTANTIAL EVIDENCE IN THE RECORD, IT'S A VERY, VERY LOW BAR. UM, AND THAT'S WHY THE RESOLUTIONS AND THE STAFF REPORTS TRY TO EXPLAIN HOW THE FINDINGS WERE MADE. UH, YOU CAN SAY, YES, I'M RELYING ON ALL THE PUBLIC COMMENTS. THEY BELIEVE THAT IT'S NOT COMPATIBLE, AND THEREFORE I'M GONNA DENY THAT'S SUBSTANTIAL EVIDENCE. SO REALLY, REALLY LOW BAR AND STAFF WILL MAKE SURE THAT THERE IS SUBSTANTIAL EVIDENCE IN THE RECORD REGARDING ANY DECISION YOU MAKE IN CASE IT DOES GET APPEALED. WE GOOD , IT'S STARTING TO GET A LOT, I PROMISE. WE'RE, WE'VE GOT A FEW MORE SLIDES TO GO, AND THEN WE'RE GONNA GO TO, UH, ISABELLE'S GOING TO SHARE SOME SPECIFIC PROJECT EXAMPLES THAT WOULD BE REALLY NICE. SO, APPEALS, AS I'VE MENTIONED, THERE'S A 14 DAY WINDOW WHERE ANYONE CAN APPEAL THE DECISION OF A REVIEW AUTHORITY, AND THAT APPEAL GOES UP TO THE NEXT HIGHER LEVEL REVIEW AUTHORITY, APPEALS OF YOUR DECISIONS WILL GO TO CITY COUNCIL. THEN THE, THE ACTION AFTER A CITY COUNCIL DECISION, THEN DUE PROCESS IS EXHAUSTED. THEN YOU GO ON TO THE COURTS THROUGH, THROUGH A LAWSUIT. UM, VERY RARELY DO PROJECTS END UP THERE, BUT THEY DO, THEY DO END THERE, PROBABLY MORE SO WITH REGARD TO CQA THAN, THAN ANYTHING. BUT, UM, AND, AND SO THAT'S THAT LAST POINT, EX EXHAUST ALL OF YOUR LOCAL APPEALS BEFORE, UH, ANY LITIGATION CAN HAPPEN. YEAH, AND I'LL JUST ADD TOO, IT'S NOT ONLY EXHAUST YOUR APPEALS, SO THAT MEANS, UH, SOMEBODY IS NOT HAPPY WITH HCPCS DECISION. THEY NEED TO THEN APPEAL IT TO CITY COUNCIL, AND THEN THEY CAN TAKE IT IN FRONT OF A JUDGE IN THE SUPERIOR COURT. BUT IT'S NOT ONLY THAT THEY MOST EXHAUST THAT KIND OF HCPC, THEN THE CITY COUNCIL, THEY ALSO NEED TO EXPLAIN WHY [01:30:01] THEY ARE UPSET ABOUT THAT DECISION. THAT WAY THEY CAN'T SPRING IT ON IN A LAWSUIT. SO WE NEED TO RECEIVE A LETTER OR DURING PUBLIC COMMENT AND SAY, HEY, HCPC, YOU SHOULD VOTE AGAINST THIS BECAUSE STAFF DIDN'T COMPLY WITH THE NOTICING REQUIREMENTS, OR THEY HAVE THESE CQA ISSUES, AND THAT WAY WE CAN TAKE A LOOK AT IT, DETERMINE WHETHER OR NOT THAT'S CORRECT, TRY TO CURE THAT REMEDY BEFORE YOU GO IT INTO AN EXP UH, EXPENSIVE AND TIMELY LAWSUIT IN FRONT OF A JUDGE. SO, UH, IT NEEDS TO GO THROUGH THAT PROCESS OF HCPC CITY COUNCIL, AND THEY NEED TO EXPLAIN WHAT THEIR JUSTIFICATION IS FOR, UM, WHY THEY'RE APPEALING IT. GREAT. THANK YOU. UH, NEXT SLIDE. OKAY. SO THE CALIFORNIA ENVIRONMENTAL EQUALITY ACT, OR CA IS, IS A, UM, MASSIVE PIECE OF LEGISLATION WITH A VERY STORIED HISTORY . UM, IT STARTED OUT AS, AS LEGISLATION THAT WAS ONLY APPLICABLE TO, TO PUBLIC PROJECTS CONDUCTED BY THE STATE, BUT THEN THE STATE QUICKLY EXPANDED IT AFTER ADOPTION TO APPLY TO PRIVATE DEVELOPMENT PROJECTS AS WELL. WHAT CQA LOOKS AT ESSENTIALLY IS THE POTENTIAL FOR A PROJECT TO IMPACT THE ENVIRONMENT, AND THE ENVIRONMENT IS BROADLY CONSTRUED. SO HISTORIC AND CULTURAL RESOURCES ARE CONSIDERED TO BE PART OF THE ENVIRONMENT. SO THE CONNECTION BETWEEN THE WORK THAT YOU DO AND, AND SQA IS, IS MUCH CLOSER, I THINK, IN NATURE, UM, AND, AND IN RELIANCE THAN, UH, SOME OF THE OTHER WORK THAT MAYBE PLANNING COMMISSION MIGHT DO OR WHAT HAVE YOU. C EQUA IS ALSO INTERESTING. THERE WAS A CASE IN SANTA ROSA SEVERAL YEARS AGO. UH, IT WAS THE CATE HOSPITAL, AND AT ONE POINT IN TIME, THE CI, THE COUNTY DECIDED TO ATE HOSPITAL TO A PRIVATE DEVELOPER. UH, SOME MEMBERS OF THE COMMUNITY BROUGHT A SE A AGAINST THE PROJECT AND SAID, WELL, YOU DIDN'T DO CQA. THE COUNTY MAINTAINED THAT IT DIDN'T HAVE TO DO CA BECAUSE IT WAS ONLY APPROVING A SALE TRANSACTION. BUT THE COMMUNITY ARGUED THAT NO, YOU HAD A REASONABLE EXPECTATION THAT THE SALE OF THAT PROPERTY WAS GOING TO RESULT IN DEVELOPMENT ACTIVITY THAT HAS THE POTENTIAL FOR IMPACT ON THE ENVIRONMENT. THEREFORE, CQA HAD TO HAVE BEEN CONDUCTED AND THE COMMUNITY WON. AND, AND THE, THE TRANSACTION THEN WAS, WAS NULLIFIED. AND, UM, THE, THE PROPERTY THEN WAS RECONFIGURED RETURNED TO THE MARKET THEN. SO JUST AN EXAMPLE OF HOW SORT OF OUT THERE CQA CAN GET AT SOME POINTS IN TIME, BUT IT'S REALLY LOOKING AT THOSE DISCRETIONARY ACTIONS THAT A LOCAL JURISDICTION TAKES. THAT'S THE TRIGGER POINT, AND THAT'S THE KEY POINT. THAT DISCRETIONARY ACTION CAN BE APPROVAL OF THAT 150 UNIT MULTIFAMILY HOUSING DEVELOPMENT, THAT COMMERCIAL BUILDING ADJACENT TO A PRESCHOOL. IT CAN BE AS, AS RECOGNIZABLE AS THAT, BUT THEN IT CAN ALSO BE AS SEEMINGLY MINOR AS THE CITY AGREEING TO, YOU KNOW, SELL A PROPERTY. BUT YET THERE WAS A REASONABLE ASSUMPTION THAT THAT PROPERTY WAS GOING TO BE DEVELOPED AFTER IT WAS ACQUIRED BY, BY A PRIVATE OWNER. SO WE LOOK ACROSS IT, THERE'S, THERE'S A, WE DO, THE CITY DOES HAVE A SQUA TEAM THAT IS LOOKING AT BOTH PUBLIC PROJECTS THAT THE CITY ENGAGES IN. IT LOOKS AT ALL OF THE PRIVATE DEVELOPMENT PROJECTS THAT COME THROUGH PLANNING DIVISION. SO THAT TEAM STAYS AWFULLY BUSY LOOKING AT THE NATURE OF THE PROJECTS, WHICH, WHAT ONE THING TO CONTRAST THOUGH IS IT LOOKS FOR THE POTENTIAL FOR IMPACT ON THE ENVIRONMENT. IT DOESN'T NECESSARILY LOOK FOR, FOR THE IMPACT OF THE ENVIRONMENT ON THE PROJECT. SO I RECALL I HAD, WHEN PRIOR I WAS, UH, WITH THE CITY OF SANTA ROSA, AND THERE WAS A, UM, HOUSING DEVELOPMENT PROJECT ADJACENT TO A DAIRY FARM. AND, YOU KNOW, THE, THE ODOR OFF OF THE DAIRY FARMS CAN BE PRETTY OVERWHELMING AT TIMES. AND WE GOT SOME PUBLIC COMMENTS SAYING, WELL, WHAT ABOUT, WHAT ABOUT THE EFFECTS OF THE DAIRY FARM? THE, THE, THE ODOR FROM THE DAIRY FARM ON THE PROJECT? THAT'S A, THAT'S A SE A THAT'S AN ENVIRONMENTAL ISSUE NOT UNDER C EQUA, BECAUSE C EQUA SAYS NO, HOW DOES THE PROJECT INVI IMPACT THE ENVIRONMENT? NOT HOW DOES THE ENVIRONMENT IMPACT THE INHABITANTS OF THE PROJECT? SO THERE IS SORT OF A LINEARITY THERE. OFTENTIMES, UM, IF WE JUST, IF WE GLANCE OVER TO THE RIGHT, YOU CAN SEE HOW COMPLEX THE, THE CE QA PROCESS FLOW CHART IS, UH, AND WE ACTUALLY HAVE A WHOLE SEPARATE TRAINING THAT WE DO ON CE QA. SO, UH, WE'LL BE, WE'LL BE INTRODUCING YOU TO THAT AT SOME POINT IN TIME. BUT WHILE WE SAY THAT DISCRETIONARY ACTIONS ARE SUBJECT TO CE QA, THEN CE QA ACTUALLY GIVES US A COUPLE OF TOOLS TO WORK THROUGH THE ENVIRONMENTAL REVIEW PROCESS. ONE OF [01:35:01] THOSE TOOLS IS TO STREAMLINE IT, AND WE STREAMLINE IT THROUGH DIFFERENT, UH, SORT OF ESTABLISHED MITIGATIONS THAT WILL REDUCE THE AMOUNT OF REVIEW, OR WE CAN EXEMPT CERTAIN PROJECTS FROM UM, SQA REVIEW. AND THAT DOESN'T MEAN THAT CQA REVIEW IS NOT REQUIRED, IT JUST MEANS THAT THERE'S NO POTENTIAL FOR IMPACT ON THE ENVIRONMENT IN THOSE STREAMLINING EXEMPTIONS. THEY ARE CREATED BY THE STATE, THE STATE LEGISLATURE. SO YOU SEE THAT REALLY WITH THE HOUSING LAWS THAT HAVE BEEN PASSED RECENTLY. YEAH, THAT IF A PROJECT IS ZONE RESIDENTIAL AND IT COMPLIES WITH ALL THE OBJECTIVE STANDARDS AND IT COMPLIES WITH ALL THE GENERAL PLAN, AND YOU'RE NOT DEMOLISHING A HISTORICAL RESOURCE, AND IT'S NOT LOCATED IN A, YOU KNOW, WETLAND OR OTHER ENVIRONMENTALLY SENSITIVE HABITAT, THEN THE STATE LEGISLATURE SAYS, OKAY, IT THROUGH THE STREAMLINING, IT DOES NOT NEED TO COMPLETE, IT'S EXEMPT FOR CQA. UM, OTHER EXEMPTIONS, THERE'S CATEGORICAL, THERE IS, UH, CATEGORICAL ARE EXEMPTIONS WHERE THE STATE HAS MADE A DETERMINATION THAT THEY ARE PROJECTS THAT ARE SO SMALL THAT IT DOESN'T NEED TO GO THROUGH THE HUGE SQA PROCESS. UM, YOU'LL SEE THOSE ALL THE TIME. AND IN THE STAFF REPORTS, WE'LL TRY TO EXPLAIN WHAT CA PROCESS IT WENT THROUGH, WHY IT'S EXEMPT. UM, FOR THE EXAMPLE THAT ISABELLE GAVE ABOUT THE WINDOWS, THERE'S A CLASS ONE EXEMPTION FOR EXISTING FACILITIES THAT IT IS EXEMPT FOR CQA BECAUSE IT, IT IT'S AN EXISTING FACILITY. YES, IT'S REPLACING THE WINDOWS, IT'S GETTING IN A PERMIT. UH, EVEN IF THAT WAS, UH, DISCRETIONARY, IT WOULD BE EXEMPT BECAUSE IT IS A MINOR KIND OF IMPACTS ON THE ENVIRONMENT. YEP. YEAH. GREAT. SO THOSE, THOSE EXEMPTIONS REALLY ALLOW US TO, WELL, THEY FACILITATE REVIEW THE, THEY, THEY ALLOW TO ENSURE COMPLIANCE WITH THE LAW, BUT AT THE SAME TIME, UM, GO TO THE NEXT SLIDE, ISABELLE. AT THE SAME TIME THOUGH, UH, WHEN WE LOOK FROM A NOTICE OF EXEMPTION TO A NEGATIVE DECK, MITIGATED NEGATIVE DECK AND ENVIRONMENTAL IMPACT REPORT, THE AMOUNT OF TIME IT TAKES TO MOVE FROM THE LEFT TO THE RIGHT THROUGH THOSE DIFFERENT TYPES OF DOCUMENTS, AND THE COST IS, IS FROM MAYBE ONE AFTERNOON AND SEVERAL HUNDRED DOLLARS, ANALYZING A PROJECT'S ELIGIBILITY FOR AN EXEMPTION TO WELL OVER A YEAR AND $500,000 PLUS TO DO AN ENVIRONMENTAL IMPACT REPORT. SO CE A FIGURES, VERY IMPORTANTLY IN, IN THE, UH, DISCRETIONARY REVIEW PROCESS. UH, AND, AND SO WE SPEND A LOT OF TIME LOOKING AT A PROJECT'S ELIGIBILITY FOR EX FOR EXEMPTIONS, UM, MAYBE CONDUCTING AN INITIAL STUDY TO SEE IF THERE ARE POTENTIAL SIGNIFICANT IMPACTS THAT WOULD, WOULD HAVE TO BE MITIGATED, UM, THROUGH A MITIGATED NEGATIVE DECLARATION, OR THEY CAN'T BE MITIGATED, AND THEREFORE WE'RE DOING AN ENVIRONMENTAL IMPACT. AND, UH, CONSIDERING WHAT'S REFERRED TO AS AN OVERRIDE OF, UM, THE IMPACT. SO AGAIN, WE'LL GO THROUGH THAT, WE'LL DRILL DOWN THROUGH THAT IN A SQA WORKSHOP HERE IN A COUPLE OF MONTHS. AND, AND I'D LIKE TO ALSO SHARE THAT, UH, YOU DON'T, THE PROJECT WON'T GET AN EXEMPTION IMMEDIATELY. THERE ARE SUPPORTING DOCUMENTATION THAT WILL SUPPORT THE EXEMPTION, SUCH AS A HISTORIC RESOURCE EVALUATION, UH, TO CONFIRM THAT THERE'S NO IMPACTS ON THE STRUCTURE, UM, OR ON THE CHARACTER OF, OF THE HISTORIC RESOURCE. SO WE DO LOOK FOR SOME SUPPORTING DOCUMENTATION BEFORE, UM, UH, APPROVING THAT EXEMPTION. AND I, GREAT POINT TO THE NEXT SLIDE. FOR THE BROWN ACT. OKAY, SO MOVING OFF OF SQUA, THEN WE COME TO THE BROWN ACT AS, AS DYLAN'S INDICATED. UM, THERE WILL BE A, AN IN-DEPTH TRAINING ON THAT, UM, COMING UP IN JULY FOR, FOR ALL OF THE CCBS. UM, BUT THIS, THIS EXCERPT FROM THE GOVERNMENT CODE, ALL MEETINGS HAVE LEGISLATIVE BODY, LOCAL AGENCIES SHALL BE OPEN IN PUBLIC. ALL PERSONS SHALL BE PERMITTED TO ATTEND ANY MEETING OF THE LEGISLATIVE BODY OF A LOCAL AGENCY, IS KIND OF THE GUIDING, I GUESS, UH, POINT OF BROWN ACT. UM, AND THEN, UH, NEXT SLIDE MEETING COMPLIANCE. AND DYLAN, IF YOU'D LIKE TO TALK ABOUT HOW WE, YEAH. COMPLIANCE. SO THAT PREVIOUS SLIDE HAD SOME TERMS. WHAT'S A MEETING, WHAT'S A LEGISLATIVE BODY? WHAT IS OPEN AND PUBLIC? SO THIS KIND OF DEFINES WHAT A MEETING IS, AND ALL MEETINGS ARE, PUBLIC MEETINGS NEED TO COMPLY WITH THE BROWN ACT. UH, THAT'S A MAJORITY OF THE BODY, SO THAT WOULD BE THREE MEMBERS OF HCPC BEING AT THE SAME PLACE IN TIME AND WITH TECHNOLOGY. AND THROUGH THE CASE LAW, THAT'S REALLY EXPANDED. SO EMAILS WHERE THREE MEMBERS ARE ALL IN THE SAME PLACE, SAME TIME, UH, SHAREPOINT DOCUMENTS WHERE THE, YOU KNOW, AND [01:40:01] IF YOU'RE WORKING ON A ZONING AMENDMENT AND THREE MEMBERS ARE, HAVE THE ABILITY TO GO INTO THAT DOCUMENT AT THE SAME TIME OR EVEN LATER, AND MAKE EDITS THAT CONSTITUTES A MEETING UNDER THE BROWN ACT. UH, SO THOSE ARE REALLY THE ELEMENTS. IT'S A MAJORITY OF THE BODY AT THE SAME PLACE OR TIME, UH, TEXT MESSAGES THAT WOULD CONSTITUTE AT THE SAME PLACE TIME, EVEN IF YOU ARE IN A DIFFERENT CITY, DIFFERENT STATE TEXT MESSAGES, EMAILS, WHERE A MAJORITY OF THE BODY THAT WOULD BE A MEETING UNDER THE BROWN ACT WHERE YOU'RE TALKING ABOUT ITEMS WITHIN HCPCS JURISDICTION. UM, SO THAT IS REALLY, ANYTIME THOSE ELEMENTS MEET UP, WE NEED TO COMPLY WITH THE BROWN ACT, AND WE NEED TO HAVE OPEN AND PUBLIC MEETINGS. AND NEXT SLIDE. ISABEL, PLEASE. AND I DON'T KNOW IF WE TALK ABOUT WHAT OPEN AND PUBLIC MEETINGS ARE, BUT THIS MEETING THAT THE PUBLIC HAS THE ABILITY TO ATTEND, THEY HAVE THE ABILITY TO, UH, GIVE PUBLIC COMMENTS THAT OUR AGENDA IS, UH, PUBLISHED AT LEAST 72 HOURS IN ADVANCE, THAT THE AGENDA DESCRIPTIONS ARE, UH, WELL DEFINED WHERE ANY MEMBER OF THE PUBLIC WOULD BE ABLE TO KNOW WHAT IS GOING TO BE DISCUSSED AT THE MEETING. SO THAT'S REALLY WHAT OAKLAND AND PUBLIC IS. UM, SO THAT'S REALLY WHAT THE BROWN ACT SAYS. AND LIKE ANDREW SAID, THERE'LL BE A, UH, A MORE IN-DEPTH MEETING LATE JULY TO ANSWER THOSE QUESTIONS. AND THERE'S EXCEPTIONS TO WHAT CONSTITUTES A MEETING. UH, SINGLE CONTACTS, IF YOU ARE GOING TO AN HOA MEETING OR IF AN APPLICANT HOLDS A MEETING TO DISCUSS, THAT'S AN EXCEPTION TO THE BROWN ACT. UH, IF YOU ATTEND A CITY COUNCIL MEETING WHERE A MAJORITY OF THE BODY CAN ATTEND OR HCPC CAN ATTEND THOSE CITY COUNCIL MEETINGS, IT JUST MAKES SURE THAT YOU'RE NOT KIND OF TALKING ABOUT HCPC ITEMS AT THE CITY COUNCIL MEETING. UH, IF YOU'RE GOING TO SOCIAL GATHERINGS, IF YOU'RE ALL INVITED TO, I DON'T KNOW, A BARBECUE OR A WEDDING, YOU CAN STILL GO, EVEN IF IT'S A MAJORITY, JUST BE CONCERNED ABOUT OPTICS AND MAYBE NOT TALKING ABOUT ITEMS, UH, WITHIN HCPCS JURISDICTION. SO MORE ON THE BROWN ACT LATER. GREAT. THANKS, DYLAN. OKAY, NOW WE'RE GOING TO TRANSITION INTO SOME H CCPC SPECIFIC, UM, DISCUSSION. AND ISABELLE'S GOING TO LEAD THAT, AND I'M GOING TO TAKE MY SEAT UP ON THE, UH, DAY . THANKS, ANDREW. IT WAS A GREAT INTRO TO, UH, THE PLANNING COMMISSION AND N-H-C-P-C GUIDANCE. UM, SO I WANNA REITERATE, UH, NOT TO FEEL LIKE THE THE WAIT IS ALL ON YOU. UH, STAFF IS WILLING AND, AND AVAILABLE TO ANSWER ANY QUESTIONS PRIOR TO ANY HEARINGS, UH, ANY QUESTIONS YOU MIGHT HAVE IN TERMS OF A PROJECT OR ATTENDING A MEETING. UM, WE'RE HERE TO ANSWER QUESTIONS AND, AND HAVE YOU PREPARED FOR THAT PUBLIC PUBLIC HEARING. UM, SO ON THE SCREEN HERE ARE JUST EXAMPLES OF SOME, UH, SUPPORTING RESOURCES THAT WILL CONTINUE AND, UH, REGULARLY MENTION, UH, WHEN IT COMES TO PROJECTS THAT ARE MEETING THE NATIONAL STANDARDS OR THE LOCAL GUIDANCE. UM, WE HAVE THE SECRETARY OF INTERIOR STANDARDS, WHICH, UH, PROVIDES FOR, UH, TREATMENTS THAT WE'RE LOOKING FOR WHEN DEALING WITH HISTORIC RESOURCES. UM, AND AS YOU ARE PRESENTED PROJECTS, THE FAMILIARITY WILL CONTINUE TO GROW. UH, YOU'LL HAVE A SENSE OF FEELING OF THIS IS PRESERVATION, THIS IS A REHAB, UH, THIS IS RECONSTRUCTION OF WE'VE LOST COMPLETE INTEGRITY OF THE ORIGINAL STRUCTURE, THEREFORE, IT'S RECONSTRUCTION. SO, UH, AS AS MORE TIME WILL COME, YOU'LL HAVE MORE FAMILIARITY. UM, AND WITH YOUR, YOUR EXPERIENCE AS WELL, UH, FROM YOUR PERSPECTIVE, UH, WE'LL, WE'LL HAVE THAT SUPPORT IN THE HCPC. UM, OTHER RESOURCES THAT, UM, STAFF WILL REFERENCE, UH, WILL BE WITH THE STATE OFFICE OF HISTORIC PRESERVATION. UM, THE GUIDELINES THAT WE HAVE, UH, WITHIN THE CITY OF PETALUMA AND THE IZO AND IN THE SMART CODE, UH, THERE ARE SPECIFIC CHAPTERS FOR HISTORIC PRESERVATION, UM, WITHIN, UH, THE THREE HISTORIC DISTRICTS THAT WE HAVE. UH, THERE'S DESIGN GUIDELINES, UH, THERE'S DISCRETIONARY REVIEW IN TERMS OF WHAT IS APPROPRIATE, UH, WHAT IS FEELING, UM, WHAT IT HAS FEELING AND ASSOCIATION WITH THAT PARTICULAR HISTORIC DISTRICT. UM, AND, AND EACH HISTORIC DISTRICT HAS ITS OWN CHARACTER. UM, I'LL SPEAK A LITTLE BIT MORE ABOUT EACH ONE, UH, IN THE NEXT COUPLE OF SLIDES. UM, AND FOR EACH HEARING AS WELL, WE'LL TALK ABOUT THE TYPES OF REGISTERS THAT, THAT EXIST, WHETHER IT'S A NATIONAL, STATE, AND LOCAL. AND YOUR PUR PURVIEW WOULD BE WITHIN THE LOCAL, UH, REGISTER FOR THE DESIGNATION OF LANDMARKS AND HISTORIC DISTRICTS. AND, AND ADDITIONAL, UH, SUPPORTING, UH, RESOURCES COULD, UH, BE LOCATED AS WELL WITHIN THE DEPARTMENT OF INTERIOR. UH, THERE'S A LOT OF DOCUMENTATION [01:45:01] AND EXAMPLES AND CASE STUDIES THAT WE CAN REFERENCE, AND THESE ARE GUIDANCE TO, UM, THE APPROPRIATE DIRECTION FOR A HISTORIC PROJECT. UM, THE TECHNICAL PRESERVATION SERVICES, UH, PROVIDES, UH, PARTICULAR GUIDANCE. UH, THERE'S ALSO OPPORTUNITIES FOR INCENTIVES, UM, AND IT ALSO REFERENCED THE SECRETARY OF INTERIOR STANDARDS FOR THOSE FOUR TREATMENTS. UM, AND AGAIN, UH, REFERENCE TO THE OFFICE OF HISTORIC PRESERVATION. UH, AND HERE, UH, AS WE'VE MENTIONED, HISTORIC RESOURCE. UH, THIS IS AN OPPORTUNITY TO EXPLAIN AND DEFINE WHAT IS A HISTORIC RESOURCE, UH, WHAT IS THE NATIONAL STANDARD FOR THAT, FOR THAT IDENTIFICATION. UM, AND WHEN WE HEAR HISTORIC RESOURCE, IT, IT CAN INCLUDE A BUILDING, A STRUCTURE SITE, A DISTRICT, AND AN OBJECT. UH, THE OBJECTS COULD BE A WATER FOUNTAIN, A MURAL. UM, IT, IT DOESN'T NOT HAVE TO BE A HISTORIC, UM, ELEMENTS, OR AS ANDREW MENTIONED, UH, THE BARN COMPLEX. THOSE ARE THREE INDIVIDUAL STRUCTURES, BUT SEEN AS A WHOLE, UH, THAT IS A HISTORIC RESOURCE AS IT HAS BEEN DESIGNATED AS A LANDMARK WITH THE CITY OF PETALUMA. UH, WHEN IT FALLS UNDER THE BRACKET FOR CQA, WE'RE ALSO LOOKING FOR HOW OLD IS THE STRUCTURE? IS IT 45 YEARS OR OLDER? THAT'S WHEN WE AS STAFF, UH, START LOOKING AT THE ELIGIBILITY OF A STRUCTURE TO BE HISTORIC. UM, DOES IT FALL? AND, AND IS IT OLDER THAN 45 YEARS? UM, DOES IT RELATE TO A PARTICULAR ARCHITECTURAL STYLE DURING THAT PERIOD OF TIME? UM, AND IS A HISTORIC RESOURCE, HAS IT BEEN DESIGNATED IN A NATIONAL STATE OR LOCAL REGISTER? UM, AND TO DEFINE, UH, AND, AND FURTHER EMPHASIZE WHAT A HISTORIC RESOURCES WERE, WE'RE LOOKING FOR SIGNIFICANCE. IS THERE, UH, SIGNIFICANCE WITH RESPECT TO AMERICAN HISTORY, ARCHITECTURE, THE ARCHEOLOGY, ENGINEERING OR CULTURE OF THAT PERIOD? UM, AND IS THERE INTEGRITY, UH, AND INTEGRITY IS APPLYING TO THE PHYSICAL NATURE OF IT. CAN WE SEE THE ORIGINAL BUILDINGS? IS IT, UH, TO A CAPACITY THAT'S, UM, THAT THE MATERIALS ARE ORIGINAL? UM, DOES IT HAVE THAT INTEGRITY OF THE ORIGINAL WORKMANSHIP, UH, THAT FEELING AND THAT ASSOCIATION? UM, SO WE'RE LOOKING THROUGH ALL THESE ELEMENTS, UH, TO DEFINE THAT HISTORIC RESOURCE. AND A COUPLE EXAMPLES. UH, WITHIN CITY OF PETALUMA, WE DO HAVE THE LANDMARK DESIGNATION. UH, WE DO HAVE, UH, SPECIFIC STRUCTURES THAT HAVE BEEN, UH, DESIGNATED AT THE NATIONAL REGISTER, UH, AND, AND AT, AND BOTH. SO WE HAVE THE, THOSE OVERLAPS BETWEEN TWO, UH, SO, UH, PROPERTIES THAT HAVE BEEN DESIGNATED AS A, A NATIONAL LANDMARK AND WITHIN THE CITY INCLUDE THE OLD PETALUMA OPERA HOUSE, UH, THE LIBRARY AND THE US, UH, POST OFFICE, UM, AS, AS WELL. UH, THERE IS THAT OPPORTUNITY TO BRING MORE STRUCTURES THAT WOULD LIKE TO BE, AND THE PROPERTY OWNERS THAT WOULD LIKE TO DESIGNATE, UH, AND STAFF WOULD BE WILLING TO, UH, SUPPORT THAT PROCESS, UH, AND HAVE THAT APPROPRIATE OPPORTUNITY, UH, FOR FURTHER, UH, LANDMARK DESIGNATION ON, ON STRUCTURES THAT, THAT, UH, CONTINUE TO DEFINE, UH, CITY OF PETALUMA AND THE GROWTH THAT IT CONTINUES AS WE KEEP GROW, GROWING, AND MOVING FORWARD. THERE ARE STRUCTURES THAT, YOU KNOW, MAY GAIN, UH, SIGNIFICANCE, UH, DURING THAT GROWTH AND PERIOD OF TIME. AND TO DEFINE WHAT A HISTORIC DISTRICT IS, UM, A A, IT IS A GEOGRAPHICAL AND DEFINABLE AREA. IT COULD BE URBAN OR RURAL. IT CAN INCLUDE A CONCENTRATION OF, UH, BUILDINGS OR STRUCTURES ALTOGETHER. UM, IT CAN HAVE AN OVERALL AESTHETIC OR BE LOCATED WITHIN A, UH, PHYSICAL AREA IN A DEVELOPMENT. UM, SO WHEN MENTIONED ABOUT A HISTORIC DISTRICT, THERE IS THAT UNDERSTANDING THAT IT'S WITHIN A BOUNDARY. IT IT HAS A DEFINED AREA. THEY HAVE, UH, A PARTICULAR PERIOD OF SIGNIFICANCE. AND, AND IT HAS BEEN DESIGNATED BY THE LOCAL ORDINANCE. UM, SO AS I MENTIONED BEFORE, UH, WE DO HAVE THE HISTORIC DISTRICTS, UH, WITH PETALUMA, UH, AT THE TOP LEFT, THE OAK HILL BREWSTER, WHICH IS PRIMARILY RESIDENTIAL, UM, TO THE TOP RIGHT. WE HAVE THE HISTORIC COMMERCIAL, UH, FOR, UH, THE MAIN DOWNTOWN AREA, UH, INCLUDING ALL THE I STORE IRON STOREFRONT BUILDINGS, UM, AND A COMBINATION OF A PERIOD AS WELL. UM, AND THE BOTTOM RIGHT, [01:50:01] UH, WE HAVE THE, A STREET, WHICH IS A MUCH SMALLER HISTORIC DISTRICT TO THE SOUTHEAST OF, OF PETALUMA. AND THE MOST RECENT ADDITION, UH, WAS THE AREA FOR THE UP HEMP STREET, UH, WHICH IS THE IMAGE TO THE BOTTOM LEFT, UH, WHICH IS A SMALL GROUPING OF A COUPLE OF STRUCTURES, UM, AND OUR, UH, TO THE ADDITION TO THE OAK HILL BREWSTER, AND INCLUDES THOSE DESIGN GUIDELINES. UM, SO THIS IS THE VARIETY OF STRUCTURES THAT MAY NEED A, UH, MAJOR HISTORIC SIP PLAN, ARCHITECTURAL REVIEW, OR A MINOR. UM, I'LL TALK THROUGH A COUPLE OF EXAMPLES IN, IN THE NEXT FEW SLIDES, WHETHER IT'S RESIDENTIAL, COMMERCIAL, UM, BECAUSE IT'S IN A HISTORIC DISTRICT, UH, WE DO HAVE THAT DISCRETIONARY REVIEW, UH, TO MAKE SURE IT, IT IT'S APPROPRIATE FOR THE NEIGHBORHOOD. ANY QUESTIONS SO FAR? I KNOW IF WE NEED A BREAK, . OKAY. UM, SO WITHIN THE CITY OF PETALUMA, UH, OUR, OUR LOCAL HISTORIC RESOURCES ARE THE LANDMARKS THAT I MENTIONED, UH, THE HISTORIC DISTRICTS, AND THE, IT ALSO INCLUDES, UH, HERITAGE AND LANDMARK TREES. UM, SO THERE ARE, THERE ARE A COUPLE OF TREES THAT HAVE BEEN ALREADY LET DESIGNATED, UH, FOR ITS SIGNIFICANCE, ITS STYLE, UH, UH, SPECIES, UM, AND LOCATION. UH, AND IT'S GOOD TO SEE WITHIN A PROJECT AND A SETTING, YOU KNOW, THE OPPORTUNITIES TO SEE MORE LANDMARK TREE DESIGNATIONS. UM, AND WITH THAT, UH, WE DO HAVE THE REGULATORY FRAMEWORK, AS ANDREW MENTIONED, HOW WE HAVE THAT DISCRETIONARY VIEW, UH, TAKING IT THROUGH THE GENERAL PLAN, THE ICO, UH, THE SMART CODE, THE DESIGN GUIDELINES, AND THE DEMOLITION RESOLUTION. UM, ONE PARTICULAR NOTE FOR THE DEMOLITION RESOLUTION IS THAT IT DOES NOT HAVE TO DEMOLISH THE ENTIRETY OF THE STRUCTURE. UH, MAYBE THERE IS, UH, ABOUT 50%. UH, THAT'S WHEN IT GETS TRIGGERED FOR ADDITIONAL REVIEW BY PLANNING, AND IT COULD BE TAKEN TO HCPC FOR THAT DISCRETIONARY REVIEW. UM, AND AGAIN, WE'RE SUPPORTING, UH, THE STRUCTURE. WE'RE LOOKING FOR OPPORTUNITIES AND, UH, CREATIVE WAYS TO USE STRUCTURES, UH, AND GIVE THAT A FUTURE, UH, FOR OPPORTUNITY VERSUS, UH, SEEING NEW CONSTRUCTION AS, AS THE ONLY PROGRESSIVE DIRECTION. UM, SO WE'RE LOOKING FOR OPPORTUNITIES OF GROWTH AND, AND HOPEFULLY WE DON'T, UH, USE THAT DEMOLITION RESOLUTION AS OFTEN. UM, OKAY. SO SIMILAR TO WHAT ANDREW HAD MENTIONED UPON, UH, THE PLANNING DIVISIONS AND THE REVIEW PROCESS. ONE STAFF RECEIVES AN APPLICATION, UH, THAT, THAT IS THE PROCESS, UH, TO INTAKE TO, UH, MEET WITH THE APPLICANTS, UH, HAVE THAT INTERACTION, UH, ASSESS AND, AND CONFIRM THAT COST RECOVERY HAS BEEN COMPLETED. UM, AND WE'RE ABLE TO HAVE A 30 DAY, UH, COMPLETENESS REVIEW. AND THIS IS THE OPPORTUNITY TO SEE AND UNDERSTAND THE SCOPE OF THE PROJECT, WHAT ARE ALL THE CHANGES, UH, WHAT IS BEING PROPOSED ON THE SITE, UH, WHAT NEEDS ADDITIONAL, UM, WHAT ENTITLEMENTS ARE NEEDED. UM, AND THIS IS THE OPPORTUNITY TO SEE WHAT'S APPROPRIATE FOR THE PROJECT, FOR THE SETTING, UM, AND HOW THAT SQA CONVERSATION IS WITH, WITH THE PROPOSED SCOPE OF WORK. UM, MANY PROJECTS COME TO US, UH, IN TERMS OF, UH, WHAT THEY'RE SEEKING FOR AND THE APPLICANTS ARE SEEKING FOR. AND IT'S GOOD TO HAVE THAT EARLY ON DISCUSSION ON WHAT'S APPROPRIATE, UH, WHAT YOU, WHAT THAT PROPERTY OWNER HAS, UM, FLEXIBILITY IN, UH, WHAT THEY'RE ABLE TO MOVE FORWARD IN PARTICULAR ZONES, WHAT WHAT IS ALLOWED, ALLOWABLE A BUY RIGHT TO THEM. UM, AND THAT USUALLY HELPS THE CONVERSATION, UM, HELPS THE PROJECT MOVE FORWARD WHEN THEY DO SUBMIT. UM, AND IT LEADS TOWARDS, UH, THAT, THAT PROCESS OF BRINGING A PROJECT FORWARD, UH, WITH, UM, RECOMMENDATION OF APPROVAL OR RECOMMENDATION OF APPROVAL WITH CONDITIONS. UH, SO AGAIN, IT'S THAT CONVERSATION, COMMUNICATION, UM, WITH THE, THE PROPERTY OWNER OR THE DEVELOPER TO FIND AN APPROPRIATE PROJECT THAT WE CAN SUPPORT AND MOVE FORWARD WITH. UM, SO THAT PROCESS, REALLY SEEING WHAT THE COMPLIANCE REVIEW IS, HOW IS THAT SETTING, UM, THROUGH THE MINOR HS A R, WE DO HAVE THAT PUBLIC NOTICING. UH, AND WITH THAT MAJOR HS SPA, THE, THE, THE LARGER, UH, DISCRETIONARY REVIEW PROCESS, UH, THERE IS A REQUIREMENT FOR NEIGHBORHOOD MEETINGS, UH, GETTING THE WORD OUT THAT THE PROJECT, UM, IS BEING PROPOSED ON THIS PARTICULAR SITE. UH, STAFF WORKS WITH THE PROPERTY OWNERS, UH, TO SCHEDULE THOSE NEIGHBORHOOD MEETINGS. [01:55:01] UM, AND THIS PUBLIC REVIEW ALSO INCLUDES, UH, THOSE PUBLIC HEARINGS WITH HCPC, UM, AND STAFF WILL CONCLUDE THE REVIEW PROCESS BY ARCHIVING THE PROJECT DOCUMENTATIONS WITH THE STAFF REPORTS THE RESOLUTION, UH, THE CQA, UM, UH, NOTICING OF EXEMPTION, UH, AND, UH, RECORD THAT PROJECT FOR THE TIME THAT IT COMES INTO BUILDING PERMIT REVIEWS, UM, STAFF HAVE THAT, THAT GUIDANCE AND, AND APPROVAL ALREADY DOCUMENTED. ANY QUESTIONS ON THIS PARTICULAR SECTION FOR THE REVIEW PROCESS? OKAY. AND THIS IS AN ARRAY OF A COUPLE OF IMAGES HERE. UM, I WANTED TO PRESENT TO YOU A COUPLE PROJECTS THAT HAVE COME FORWARD TO THE HCPC IN THE PAST, UH, FOUR YEARS. UH, AND THEY HAVE RANGED IN TERMS OF RESIDENTIAL, UH, COMMERCIAL, UM, AND HOTEL USE. UH, SO THESE ARE A GOOD RANGE OF PROJECTS THAT COULD, THAT, AGAIN, COULD BE PRESENTED TO THE HCPC. UM, AND I CAN START WITH THE EXAMPLE FOR THE AMY'S KITCHEN. UH, THIS WAS A PROJECT THAT CAME FORWARD, UH, WITH TWO, WITH, UM, TWO ENTITLEMENTS, THE H SPA AND A CUP FOR A CONDITIONAL USE PERMIT, UH, TO HAVE THAT MIXED USE OPPORTUNITY AND ACTIVITY ON THE GROUND FLOOR. UM, SO THERE WERE SOME CHANGES TO THE FACADE THAT WERE WORKED THROUGH AND FOUND, UH, TO BE APPROPRIATE WITH A SUPPORTING DOCUMENTATION OF A HISTORIC RESOURCE EVALUATION. THERE WAS A, UM, A CONSULTANT, UH, ANOTHER ARCHITECTURAL HISTORIAN CONSULTANT BROUGHT ON BY THE, THE DEVELOPER, AND ASSESSED THE CHANGES IN THE FACADE TO BE APPROPRIATE, UH, TO THE SECRETARY OF INTERIORS, UH, FOR THE, THE REHABILITATION OF THE FACADE. UM, SO THIS IS A GOOD ARRANGE OF, OF WHAT, WHAT IS OPPORTUNITY TO, TO REHAB A STRUCTURE IN THE COMMERCIAL DISTRICT, UH, THE OPPORTUNITIES FOR FUTURE USE AND ACTIVATION, UM, WITHIN THE CITY AND IN THE DOWNTOWN AREA. UM, AGAIN, I, I WON'T GO TOO FAR IN, UH, BUT THIS WAS A GOOD PROJECT INTO HOW PLANNING, UH, COMMISSION AND THE HCPC WORK TOGETHER, UM, AND WERE ABLE TO PROCESS TWO DIFFERENT ENTITLEMENTS. UM, SO THERE ARE THESE LARGER TYPES OF PROJECTS WHERE COMMISSIONS WORK TOGETHER AND, UM, MAY EVEN HAVE A PORTION TAKEN, UH, TO CITY COUNCIL, UH, FOR THEIR FINAL APPROVAL AS WELL. UM, ANOTHER PROJECT ON THE LOWER LEFT, UH, WAS THE HAMPTON INN, UH, REAR EXTENSION. UH, THIS WAS A MODERN ADDITION TO A HISTORIC BUILDING. UM, WE WERE ABLE TO WORK WITH THE ARCHITECT AND, AND COMPROMISE ON A DESIGN THAT WAS APPROPRIATE FOR THE SETTING, UH, UH, AND SUBMITTED APPROPRIATE MATERIALS FOR THE EXTERIOR. AND THIS PROJECT DEVELOPED TO INCLUDE A LANDMARK, UH, TREE DESIGNATION. UM, SO THEY WERE ABLE TO PRESERVE THE CANARY ISLAND PALM TREE IN THE CENTER. UH, AND THAT BECAME ONE OF THE ELEMENTS THAT THE BUILDING, UM, ENCAPSULATED ENCIRCLED AS WELL, AND, AND HAD THAT VISUAL OPPORTUNITY, UH, TO PRESERVE, UM, IN THAT, THAT OPEN AREA. SO AGAIN, THIS IS AN OVERLAP OF WHAT, UM, A PROJECT COULD, UH, GROW, UH, INCLUDE AND SUPPORT AND OTHER, UH, LANDMARK, UH, DESIGNATIONS. UM, AND THE TWO PROJECTS ON THE FAR RIGHT ARE RESIDENTIAL. UM, THEY BOTH HAD OPPORTUNITIES FOR A REAR ADDITION. UM, SOME, UH, CHANGES TO THE WINDOWS THAT WERE NOT PRIMARY TO THE FACADE. UM, AND, YOU KNOW, THE PROMOTION, UH, TO CONTINUE, UH, THE GROWTH OF A FAMILY, UM, THE USE, CONTINUED USE OF A SINGLE FAMILY DWELLING. UM, THE, THE OPPORTUNITIES TO , MODERNIZE, HISTORIC, UH, STRUCTURES THAT WE CAN CONTINUE TO ENJOY IN A, IN A RESIDENTIAL AREA. UM, SO THESE WERE TWO GOOD OPPORTUNITIES, UH, TO WORK WITH THE PROPERTY OWNERS TO SEE WHAT THEIR, THEIR INTENTIONS ARE, UM, MAKING SURE IT, IT, IT WAS APPROPRIATE WITH THE HISTORIC, UH, DISTRICT GUIDELINES AND THE SETTING AND THE CONTINUED USE OF THE MATERIALS. UM, SO FROM, FROM THESE FOUR, I THINK IT'S A GOOD RANGE OF WHAT, WHAT YOU COULD SEE IN THE NEAR FUTURE AS WELL. AND A, A RE REITERATION, AGAIN, FROM THE APPEALS PROCESS. UM, IT IS INCLUDED WITHIN THE IEO CODE AGAIN, UM, WITHIN IEO CHAPTER 24, THE APPEALS. UM, ONCE THE HCPC MAKES THAT FINAL DECISION, IT, IT HAS THAT APPEAL OPPORTUNITY AND IT WOULD BE TAKEN TO CITY COUNCIL. UM, SO SIMILAR TO THE FOUR PROJECTS [02:00:01] THAT WERE PRESENTED, UM, THEY, THEY WERE APPROVED WITH CONDITIONS AND, UM, THEY WERE SUCCESSFUL IN THAT THEY DID NOT GET APPEALED . UM, AND A FEW OF THEM HAVE COME FORWARD AND BUILDING PERMITS AND, AND ARE MOVING FORWARD IN, IN THAT BUILDING PERMIT PROCESS. UH, THIS IS OUR CONTACT INFORMATION IF YOU HAVE ANY QUESTIONS FROM TODAY. AND, UH, WE WOULD BE PROVIDING A COPY OF, UH, THIS PRESENTATION AS WELL. UM, AGAIN, WE'RE HERE TO ANSWER ANY QUESTIONS EACH, EACH PROJECT THAT COMES BEFORE US AND BECOMES BEFORE THE HCPC, UM, ARE VERY DIFFERENT, UH, VERY DIFFERENT SETTINGS, UH, SCOPES. AND, UH, WE'RE, WE'RE ALWAYS WILLING TO, UH, WORK THROUGH THE PROCESS TOGETHER AND YOU, AND A COUPLE OF EXAMPLES FOR SOME ADDITIONAL ONLINE RESOURCES THAT YOU'LL HAVE. AND WE APPRECIATE YOUR TIME TODAY. SO THANK YOU FOR JOINING THE HCPC AS WELL. THAT CONCLUDES GREAT. THANKS. OUR PRESENTATION, , RIGHT? THANKS, ISABELLE. WELL, THAT WAS A, THAT WAS A PRETTY DEEP DIVE AND A LOT OF INFORMATION. SO , I HOPE THAT, UH, IT'S, IT'S GIVEN YOU A LOT TO REFLECT ON AND SORT OF OFFERS A GOOD INTRODUCTION TO, TO THE CITY, TO PLANNING THE WORK THAT PLANNING DOES, AND ALSO YOUR ROLES ON HCPC. SO, UH, IF WE DON'T HAVE ANY QUESTIONS, CHAIR, WE CAN, UH, GO AHEAD AND CLOSE THIS ITEM. ALRIGHT. UM, LET'S SEE. UM, DO WE HAVE ANY QUESTIONS? NO COMMENTS? NO. OKAY. UM, ARE THERE, THE PUBLIC IS INVITED TO COMMENT AT THIS TIME. PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES PER PERSON. IF YOU HAVEN'T DONE SO ALREADY, PLEASE FILL OUT A SPEAKER CARD. DID WE RECEIVE ANY COMMENTS PRIOR TO THE MEETING? SORRY, NOT WORK. THAT'S OKAY. NO, WE, WE, UH, DID NOT RECEIVE ANY PUBLIC COMMENTS PRIOR TO THE MEETING, AND WE HAVE NO ONE IN ATTENDANCE OFFERING PUBLIC COMMENT. ALL RIGHT, THEN WE WILL CLOSE PUBLIC COMMENT. THANK YOU. UM, WE'RE GONNA CLOSE MEETING ITEM ONE. AND LET'S SEE, UM, COMMITTEE COMMENT. DO ANY COMMITTEE MEMBERS HAVE ANYTHING TO PRESENT? ALL RIGHT. AND WE DON'T HAVE QUESTIONS. ALL RIGHT. UM, IS THERE A [STAFF COMMENT] PLANNING MANAGER'S REPORT? SURE. GREAT. THANK YOU. SO AGAIN, WELCOME, WELCOME TO HCPC. WE'RE LOOKING FORWARD TO WORKING WITH YOU. AND, AND WE'RE ALWAYS HERE, SO, UM, DON'T BE, DON'T BE SHY OR FEEL LIKE YOU'RE INTERRUPTING US. UM, WE, I THINK AS I MENTIONED, UH, EARLIER, WE DO HAVE A SITUATION WHERE ONE OF THE BOARD MEMBERS HAS RESIGNED OR COMMITTEE MEMBERS HAS RESIGNED, WHICH, UH, LEAVES US WITH A COMMITTEE OF FOUR FOR THE FORESEEABLE FUTURE. AND THAT'S OKAY BECAUSE THE, THE QUORUM FOR HCPC IS THREE MEMBERS. THAT'S WHAT IT'S ALLOWED US TO CONVENE TODAY'S MEETING. SO ONLY I SAY THAT TO SHARE WITH YOU THAT, UH, THERE WILL BE A BIT OF, YOU KNOW, OF CHANGE ON THE COMMITTEE WHEN WE ADD A NEW MEMBER, BUT ALSO JUST MAKE SURE THAT WHEN UEL DOES QUORUM CHECKS, OR IF YOU'RE ANTICIPATING SOME TIME AWAY, JUST CHECK IN WITH US AND SEE, UH, WE DO, WE PUBLISH THE AGENDA A WEEK IN ADVANCE. WE USUALLY DO A QUORUM CHECK ABOUT THREE WEEKS IN ADVANCE, BUT THINGS CAN COME UP AND, UM, BOTH FOR YOU OR FOR, YOU KNOW, THE APPLICANT. AND SO IT'S ALWAYS GOOD JUST TO REACH OUT TO US AND SAY, HEY, YOU KNOW, I, I THINK I MIGHT BE OUT OF TOWN OR UNAVAILABLE ON THE FIRST TUESDAY OF SEPTEMBER. IS THAT A PROBLEM? AND, UH, WE CAN, WE CAN TYPICALLY LET YOU KNOW, UH, WE DID RECEIVE A REQUEST FOR CONSIDERATION THAT WE CHANGE THIS MEETING TIME TO 6:00 PM AND I WANTED TO BRING THAT FORWARD. IT DOES HAVE TO COME FORWARD AS A, A FORMAL PROPOSAL TO CHANGE THE RULES AND YOU WOULD HAVE THE OPPORTUNITY TO VOTE, BUT I THOUGHT I WOULD SHARE IT INFORMALLY THROUGH THE, UH, PLANNING MANAGER'S REPORT TO SEE IF THERE WOULD BE INTEREST, IF THAT MIGHT BE BENEFICIAL, UH, TO SOME OF YOU AS WELL. SO, UH, ANY THOUGHTS ON THAT? NOT BENEFICIAL. OKAY. I LIKE THAT. GREAT. UM, I COULD GO EITHER WAY. IT'S SLIGHTLY EASIER TO GET HERE FOR ME BY FOUR. OKAY. 'CAUSE I GET HOME BEFORE LITTLE KIDS FALL APART. BUT, UM, I ALSO WANNA MAKE IT EASY FOR EVERYBODY TO COME, AND FOUR IS KIND OF TOUGH FOR A LOT OF FOLKS, SO I'M SURE I'M FLEXIBLE. GREAT. OKAY. WELL, WE'LL FOLLOW UP. AND, UH, WE MAY SEE THAT ON A, ON A FUTURE AGENDA, THE, UM, THE, ALSO WE, WE DO FROM TIME TO TIME CALL SPECIAL MEETINGS. IF WE HAVE, IF WE HAVE A PROJECT THAT HAS A DIRE NEED, WE TRY NOT TO, BUT JUST KNOW THAT IF THAT HAPPENS, [02:05:01] WE'LL ALSO NOTIFY YOU. UH, WELL IN ADVANCE WE'LL BE SEEKING A QUORUM. SO, UH, WITH THAT IN MIND, I THINK THAT, UM, LOOKING FORWARD TO PROJECT RELATED REVIEWS, UM, I THINK WE'LL HAVE ONE PROJECT COMING FORWARD WITHIN THE NEXT COUPLE OF MONTHS, UM, THAT ISABELLE HAS BEEN WORKING ON. AND THEN ANOTHER ONE THAT JUST CAME IN TODAY. TYPICALLY OUR REVIEW TIMEFRAME IS GOING TO BE ABOUT FOUR MONTHS. SO WE'LL BE SEEING A COUPLE OF HCPC SPECIFIC REVIEW PROJECTS BY THE YEAR'S END. UM, IS, IS UH, WHAT WE ANTICIPATE. OKAY. GREAT. ANY QUESTIONS FOR ME AT THIS POINT? NO, NO. WONDERFUL CHAIR BACK TO YOU. ALRIGHT, WITH THAT, THANK YOU ALL. WE ARE ADJOURNED AT 6:05 PM. * 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.