Brisbane, California Planning Commission Meeting, 12 Jan 2023

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From YouTube: Brisbane Planning Commission Meeting 01-12-2023

Description

Meeting Agenda: https://www.brisbaneca.org/bc-pc/page/planning-commission-meeting-118

This virtual meeting is compliant with the Ralph M. Brown act as amended by California Assembly Bill No. 361 effective September 16, 2021 providing for a public health emergency exception to the standard teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for the public, staff and Planning Commissioners, while allowing for public participation. The public may address the Commission using exclusively remote public comment options which are detailed below.

The Commission may take action on any item listed in the agenda.

The Planning Commission Meeting will be an exclusively virtual meeting. Members of the public may view the meeting by logging into the Zoom Meeting listed below or on Comcast Channel 27 and the City’s YouTube channel at youtube.com/brisbaneca. The agenda materials may be viewed online at brisbaneca.org/meetings.

Join Zoom Meeting:

Meeting ID: 970 0458 3387

Passcode: 215153

TO ADDRESS THE COMMISSION:

Members of the public are encouraged to submit written comments before the meeting to the project planner. See posted public notices at for planner contact information. For items that are not public hearings, refer to the staff report for planner contact information. Members of the public who join the live Zoom meeting may address the Commission in the Zoom meeting when called upon by the Chairperson. Please use the “Chat” box in Zoom to alert staff that you want to address the Commission.

Members of the public watching the meeting on YouTube or Channel 27 may email or text comments prior to the start of the particular agenda item to the below email and text line:

Email: jswiecki@brisbaneca.org
Text: 415-713-9266

Commissioners: Funke, Gooding, Lau, Patel, and Sayasane

CALL TO ORDER 00:00:11
ROLL CALL 00:01:15
ADOPTION OF AGENDA 00:02:16
CONSENT CALENDAR 00:02:41
Please Note: Items listed here as Consent Calendar Items are considered routine and will be acted
upon collectively by one motion adopting the Planning Department’s recommendation unless a
member of the public, the Commission, or its staff asks to remove an item to discuss it. Prior to
the motion, the Chairperson will ask if anyone wishes to remove an item from the Consent
Calendar.
A. Approval of draft meeting minutes of December 13, 2022
ORAL COMMUNICATIONS (Limited to a total of 15 minutes) 00:04:31
WRITTEN COMMUNICATIONS 00:06:03
None
NEW BUSINESS 00:06:14
B. PUBLIC HEARING: Citywide; General Plan Amendment 2022-GPA-1-A; 2023-2031
Housing Element self-certification and adoption recommendation to City Council; and
finding that this project is exempt from environment review under CEQA Guidelines
Sections 15061(b)(3) and 15183(d); City of Brisbane, applicant.
C. PUBLIC HEARING (continued to January 26, 2023): SP-CRO Sierra Point Commercial
District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17,
Chapter 17.18 of the Brisbane Municipal Code (BMC) to update existing research and
development use provisions and performance standards; and finding that this project
is exempt from environment review under CEQA Guidelines Section 15183(a); City of
- 3 –
January 12, 2023 7:30 PM
Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow
Brisbane, applicant.
Note: This item has been continued to the next regular Planning Commission meeting
of January 26, 2022.
ITEMS INITIATED BY STAFF 00:36:41
ITEMS INITIATED BY THE COMMISSION 00:38:53
ADJOURNMENT
D. Adjournment to the regular meeting of January 26, 2023

A

Eight seven, six, five, four three, two one and we are live.

B

Okay, I'll call to order the planet commission meeting of 12 January 2023.

B

Their special meeting is compliant with the Ralph and brown act as amended by California Assembly bill number 361, effective, September, 16 2021, providing for a public health emergency exception to the standard teleconference rules required by the brown Act. The purpose of this is to provide a safe environment for the public staff and planning Commissioners, while allowing for public participation from the Planning Commission meeting is being broadcast on Comcast channel 27 and the city's YouTube channel at www.youtube.com Brisbane CA. The agenda materials may be viewed online at www.brisbaneca.org backslash meetings.

B

All written comments provided before 2 pm of the day of the meeting have already been provided to the commission and available for public inspection at the front lobby in City Hall and online, at w w Brisbane CA .org meetings, any writings received after the agenda has been posted, but after 2 pm of the day of the meeting will be available online at the start of the meeting at wwebrisbaneca.org backslash meetings, at which time the materials will be distributed to the commission.

B

For those who did not provide written comments, a call-in telephone number was provided on the agenda, which can be viewed online at www.brisbaneca.org backslash meetings, phone number and instructions will also be provided during the meeting. Participants in the zoom webinar may make their comments through Zoom. Please note that Zoom participants will only be able to address the commission verbally I will announce time limits for public comment. During the particular item, staff may have a roll call.

C

Commissioner funka present commissioner Gooding present. Commissioner Lau president commissioner Saison here the record show commissioner Patel is absent.

B

um May I have a motion to adopt the agenda.

D

E

B

uh Can I have a Voice vote? Please Steph, commissioner funka.

C

Aye commissioner Gooding hi, commissioner Lau hi, commissioner seinson hi.

B

uh Adoption of the agenda passes with four eyes, tired, so coming to the consent calendar. Are there any members of the public or any commissions? Who would like to pull an item from the consent calendar.

B

um Any super participants who want to pull an item from the consent calendar May, raise their hands uh or press that on the phone if they have called in and staff will start a timer for 30 seconds to allow members of the public to pull an item that they wish to do so.

E

F

I had started the 30 second clock when you had opened the item and I posted the number on the screen. Great.

B

F

30 seconds has elapsed.

B

Oh fantastic um I assume that there are no Commissioners who want to pull an item from the consent calendar.

B

uh Has anyone raised their hand or called in okay?

B

um In that case, uh can I have a motion please to adopt a consent, calendar don't moved and a second um can we have a Voice vote. Please.

C

I commissioner Gooding hi, commissioner Lau hi, commissioner Saison hi.

B

Great the motion passes with uh four eyes.

B

B

Okay, coming to oral Communications I guess is an opportunity for the public to call in with oral Communications.

B

This call number is displayed on the screen and soon participants May raise their hand if they wish to address the commission and a timer has me started or we'll start for.

F

A timer has started for 60 seconds great.

E

B

We should acknowledge the written Communications that have been uh received um uh a couple from Dana Dilworth regarding the housing elements and then also received some feedback feedback from um um who was it from? Maybe you can help me remember. I did read it. It was very detailed from the Housing Coalition I.

G

Was a Leadership Council housing.

B

Leadership Council received some um some feedback from uh from them as well regarding our housing element.

B

Did we receive any additional Communications since then, apart from the ones you afforded already.

G

Nothing further: okay,.

F

Okay, 60 seconds has elapsed.

B

And has anyone indicated that they want to address the commission.

F

I have no raised hands.

B

Okay, um in that case, I think it's time to move on to the uh to the agenda and to new business and I'll. Ask staff for presentation on the uh the main topic for the evening.

G

Thank you, chair uh tonight's meeting is to provide a public hearing and Planning Commission review on adoption of the draft 2023 to 2031 housing, element and self-certification of the elements. Compliance with state law- and this is to uh for the Planning Commission, to provide a recommendation to city council by the way a background. The draft housing element was published on August, 8th and yet that kicked off the formal 30-day public comment period, as required by state law on August 25th.

G

The Planning Commission held a public hearing and provided a recommendation to city council to submit the draft housing element to the Department of Housing and Community Development or hcd city council then held a public hearing on October 6th and directed staff to submit the draft to hcde for an initial 90-day review period.

G

Hcd provided written comments on the element's compliance with State housing element law on January 4th.

G

So, just last uh last week, as we detailed in the agenda report for tonight per state law, cities in the Bay Area have until January 31st of this year, plus 120-day grace period, which puts us to May 31st, to adopt an element and for that adopted element to be certified, as compliant with state law by hcd City staff, initially anticipated using the grace period to allow for review of hcd comments and provide responses and then to hold the necessary public hearings for adoption of an updated version of the housing element of a recent interpretation of state law by hcd staff suggests that the city must adopt a compliant housing element by January 31st without regard for the 120-day grace period.

G

Given that interpretation failure to adopt the element by the deadline would leave the city's housing element out of compliance with state law and expose the city to the so-called Builder's remedy, which is essentially housing developers who comply with certain affordability standards, May proceed with their projects without regard to local zoning requirements.

G

With that in mind and in an effort to limit risk to the city, the housing element, adoption process is being accelerated, beginning with tonight's public hearing to provide a recommendation to city council to self-certify and adopt the housing element as presently drafted.

G

To make that recommendation, the Planning Commission must find that the element complies with state law.

G

A compliance checklist was provided in appendix F of the housing element, as I mentioned, hcd provided comments to the city, um January 4th, and it outlined several topic areas for which hcd believes the city must provide more analysis and or evidence to show how the element fully complies uh with state law to hcd satisfaction, planning staff will be meeting with hcd staff and will be providing responses to their requests on the specific items raised to demonstrate compliance given the timing and that this is an ongoing conversation with hcd to clarify items in the housing element.

G

Our intent is not to discuss all of hcd's comments tonight, but they will be addressed ultimately in detail with city council when this goes forward. Staff sees their comments as largely clarification of existing content and would not preclude self-certification of the element. However, if the commission has specific questions regarding their comments, we'd be happy to answer them as best we can.

G

No, we expect the adopted element will require a subsequent amended Amendment following hcd's review of the city's response.

G

Such an amendment would be included, as in a revised draft element made available for public review and comment prior to public hearings at the at both the Planning Commission and city council and I'll. Note.

G

At this point, there was a mention in the Agenda Report about language to that effect in the resolution, which um wasn't actually in the resolution, essentially that it it recognizes that amendments may come forward, but we could add that and- and so finally I'll note- that the draft resolution also includes the funding that the adoption of the housing element is exempt under sequa in the sequence sections that are specified in the resolution.

G

Since the zoning that's specified is already addressed through the general plan, Amendment for the bait lands and the associated eir addendum and other residential and mixed-use districts are already designated for residential development in the city's General plan and existing zoning.

G

So in closing, staff recommends that the Planning Commission recommend to city council, self-certification and Adoption of the draft 2023 to 31 housing element the adoption of resolution, 2022 GPA 1A, and if you have questions or um I'll answer them or Julia John whoever it uh goes too happy to answer. You may have foreign.

B

Thank you very much um any questions from any of the Commissioners I'll just go around the clock as I see it, commissioner Gooding.

D

No I I think um I alluded earlier before we went on a record about about um providing something in the resolution about um our ability to or the staff's ability to propose um amendments and changes to the to the process, as would result from their meetings with hcd and I'm. Not sure it's in the resolution is currently worded. So we should deal with that at some point. Correct.

G

So we could add that language into the resolution.

H

I, don't have any questions. Thank you.

B

And finally, commissioner Lau.

E

uh No questions and appreciate the staff's work on this um on the draft and the proposal.

B

um I am curious if you could just clarify what the um what the process is for ensuring sort of transparency and uh and public feedback I think you mentioned that that would be incorporated as you talk to hcd and you try and address their comments that there would be additional opportunity for public comment um and I wonder what what you think the role of that would be I guess my feeling is that the the housing element before it was sent out was already it already gone through a period of public comments, so I think it represented the best recommendation and all the feedback that we got during that process and it was approved by the city council, so I assume that any additional public feedback would would relate only to amendments that you come up with in your discussions with the hcd.

B

um So is that my perception of that correct and and then I'd like to hear what what will be the Public Announcement about this is what's happening. This is your window for additional comment and things like that.

G

Right so we have um we're looking at tentatively, I think it was uh uh February 2nd if I have that date, correct of possibly going to uh City Council, so their first meeting their first regular meeting in in February and any new public comments that are received as well as what you've received just with uh since the notice went out for this hearing.

G

um Those will be passed forward to city council and and of course, the public couldn't make any comments that they uh choose and and will be responsive to those and as as well as once we come back with any addendum to the housing element following you know this process, as it plays out with hcd, um we'll have additional Public Notices that will go out for Planning, Commission, first and then city council and then again, that's yet another opportunity for the public to weigh in and make comments, and so lots of opportunity there for public comment and and we'll consider any of those comments.

G

Whether there are comments that we've heard before or if something new or to be raised. Yeah.

B

Any will there be any uh like special announcement of those opportunities. I think what you've outlined is is great. You know people interested citizens pay attention to the agenda of the planet, commission and the city council, um but when we were first drafting the housing element, I think there were announcements that went out to say: hey here's, a link, you provided your feedback and things like that.

B

So um if there, if there's no plan to do that, I I think that's fine, because we've been through that process already, but is it just by paying attention to the agendas.

G

uh We actually are using our other social media to blast out information and we have a uh extensive email list as well, and so we are pushing that information out. So it's not just the the standard posting places or the city's website. But if you know anybody who's shown an interest in wanting to be on the on the email list or getting our social media, those kind of things were putting it out there. So, okay.

F

The star um February star um for potential Council adoption dates, we'll have an article there. We missed the cut off for January due to timing issues, but yeah. We continue to use every Avenue at our fingertips for pushing information out there.

B

Okay, all right I think that's fine I, just it's just I guess to avoid the perception there's anything like you know, going on behind the scenes or something I, don't think that there that that perception would be justified but um but I think you've, you've done you'll. Do your diligence on that! It sounds fine to me. So I I have no additional questions.

B

um Anything else from any of the other commissioners.

B

If not I I think is this the time for me to ask for emotion on this topic.

F

B

You have to open the public hearings, you.

E

F

Just okay and I'll go ahead and share the call and information, and we already have a hand raised in the zoom.

F

So here's the information on the screen for folks watching at home, you can call I have a hand raise from a call-in number so I'm going to allow that person to talk and so caller you can press star six to unmute.

I

Hello, uh my name is Brian Shields I'm, a field rep for Carpenters Local 217 covering San Mateo, County I, appreciate everything that you just said about public comment and so I'll just try to keep this brief.

I

um I I feel and and as these housing elements keep rolling out that it's incredibly important and we feel as the union that it's incredibly important that labor standards be attached to it, we're providing for developers to uh build. You know sometimes thousands of houses in a single City and uh and without labor standards.

I

Typically, the way that those get built is by um by exploiting the workforce um when I'm, not speaking on Planning Commission meetings or City Council meetings or or doing the various other things I'm out trying to talk with the folks that are working on these job sites and they're commuting in from Modesto Salinas. uh You know Fresno uh for 25 an hour to 28 an hour and uh left right and Center.

I

We find wage violations where people aren't paid the correct wage, they're not paid the wage that they said they were going to be paid they're not even paid to the California standard because they provide their own tools, but they do not uh get the double minimum wage, which wage order 16, California law says they should be paid which now, as of January 1st, is 31 dollars an hour.

I

So uh it's important that as a policy moving forward uh that this gets implemented, especially with uh with the allocation of of areas and uh units of housing to be built. Thank you for your time and uh hope. You have a good evening.

B

Great. Thank you very much for your comments.

B

Any other hands raised.

F

I don't see any hands raised in the zoom um I'm gonna go ahead and just start the two minute timer.

B

F

um So I've started a two minute timer. So two minute warning.

B

Okay, I see here that it's your time to acknowledge any written Communications, but I I think we already did that at the top of the agenda right.

F

Foreign warning.

F

F

Okay, two minutes has elapsed, I don't see any additional hands raised.

C

F

There was a comment.

C

Comment in the chat, I believe or the.

F

Yeah there's a comment in the Q. A I can read it for the record. This person, Carmen G, says if this project was discussed before doesn't seem it's important.

E

B

So does this start the clock for the 30 second clock for closing the public comment period.

F

B

I don't know if we need an additional 30 seconds, but.

F

um I defer to the director I thought we had a two minute. Okay, would you like me to do an additional 30 seconds on the clock, John.

C

I defer to the commission the normally the two minutes was for public comments that I thought. If you want to extend it, that's at the commission's prerogative, otherwise.

B

I think it's fun tonight, another 30 seconds to that. So, okay, in that case, may I have a motion. Please to close the public comment. I would move to close.

D

B

Public hearing.

D

B

Please second and may I have a voice phone commissioner kunka.

C

Aye commissioner Gooding hi, commissioner Lau hi, commissioner Saison aye.

B

Thank you very much that uh the uh the motion to close the public hearing uh passes by four votes: um I, guess that kicks off the deliberations period, um any additional observations from any of the Commissioners commissioner Gooding.

D

I would just like to commend the staff this is. This involves an enormous amount of work over the last last numerous months and and anybody who's read the housing element from stamina, Stern realizes how much work goes into it. I just want to thank them, for it, uh I think the.

I

D

Hcd may may have their their quibbles and and some details they want to iron out, but um I'm confident that'll get worked out pretty easily. So so thank you again. Yeah.

B

Thank you, I'd like to Echo that I think I know that it was a huge amount of work.

B

um I wonder this interpretation that it's 30 days and the grace period. Where did that come from, and is that a common interpretation of all this cities reach the same conclusion.

G

Yes, cities, cities are across, our region are largely doing the same action of self-certifying, and this is a it's a new interpretation that we have not seen in past housing elements essentially taking away the 120-day grace period for for this portion of the process. The.

F

Grace period does still apply in one provision, um probably alone we're more interested in, which is that we would have three years to accomplish any rezoning, that's necessary versus one so that that still is. um We still have until the grace period for uh for that to apply but yeah the whole Builder's remedy um that that's. What's really um compelling jurisdictions like Ken, said across the bay area, throughout San Mateo County to accelerate.

D

I have one one quick question or comment: whatever um does ACD understand that that this accelerates or sort of you know compresses the process so that they they are open to to further discussion from from each of the the planning staffs of all the various cities to to fine-tune pursuant to their comments, I mean: is that do they do they realize that's what they're doing.

G

I think they do and they are, they will continue to work with the city because they they want to see um housing elements that they recognize as being um compliant that they can certify.

F

There's no I guess you have to flip it there's no reason we that we see hcd would would not work with cities. Hcd's mission is to work with cities throughout frankly, throughout the entire element planning cycle. To make sure elements continue to be in compliance with state law, so yeah, we don't see it as really changing the course of our conversations with hcd.

F

It's again moving the goal post up in terms of when we adopt that it doesn't mean that if more changes are are necessary, that we can't make those changes through an amendment and which would like we said, go through its own public process.

D

They are other cities going through process is very similar to this, of having to sort of you know.

E

D

Patchwork exactly but but anyway, Band-Aid might be the best word to to get it in and then talk about amendments.

F

A lot of our peers in San Mateo County, specifically, um as you know, we've we collaborate throughout the county on on housing, element policy issues. So yeah. We can tell you that many of our neighbors are doing the exact same thing.

F

um This is, you know, an interpretation that came out from hcd I, don't know a handful of months ago, maybe summer, so I think it's Unique to our to the abag region, because you know every different region in California had different due dates for their housing element, so um I anticipate that it's not just San Mateo County, it's like I, said throughout the Bay Area.

D

Thank you thanks.

B

Minister uh Saison any additional questions.

H

No, um like the chair, initially said you know, we've had many meetings on this and and I think there has been many opportunities for public comment and I think you know what staff put together. You know, based upon all that I think is very good um and I. Think Julia. You said that this will be our first submission, so this could be sent back right for us to do a redo. Our.

F

Second, oh, this is our second, oh, so again tonight we didn't bring forth to the commission any recommended revisions. We do plan on bringing recommended revisions that reply to hcd's letter to the council.

F

um So when you know, depending on council's action, the next version We submit to hcd will be the second.

H

F

Version of the draft element that responds to their first round of comments.

B

Commissioner, Lowe.

E

No I just kind of echo the previous comments and what I stated before greatly greatly appreciate the staff's a tremendous amount of work um uh to do this and all the presentations that we've you know listened to and that they've prepared. That's uh just a it's. A lot of work and I greatly appreciate it, and- and yes thanks.

B

um I have one final question on my mind, so we're being asked to self-certify what what would be this situation if it clearly wasn't compliant like if there's like, then, if the hcd said you know they gave you an F, then would it make any difference if we self-certified I'm just wondering? Does the fact that that we're being asked to recommend this mean that we're basically, we kind of got it passing grade it's and it's going to go forward with some amendments, potentially based on the discussions that you have.

C

Well, it's a little bit of a um you know. In our read of the letter. We didn't find anything in there that that constituted, we perceived as a fatal flaw, they're, basically asking for more documentation, more substantial evidence, not anything in that record in the record from the letter that indicated that there was some fatal flaw with the element. If that were the case, we probably would you know looking at a different process forward, but based on the input we've received from them, we didn't believe anything at all.

C

You know we're confident that we can work through and provide additional documentation to satisfy their their inquiries or comments or questions and Julian Ken may have want to add to that, but that's kind of My overall view of what we received.

B

And is there a final due date or is it just a living document now.

G

The 120 day, grace period puts us to the end of May, to have it uh certified by hcd um and and it's it it's a living document in that it is uh it's to be implemented. There's all kinds of programs, policies and programs in there to implement over the course of the next eight years, and so it's very much a living document that we're going to be continuing to refer to, and uh zoning amendments, for instance that will come forward to implement it so and it's uh definitely something that will not be collecting dust. You.

F

Know any adopted, General plan element can be amended. um There's limits to General plan amendments like in a given calendar year, but um the city is able and and like we said, we intend we. We anticipate that um assuming uh staff's recommendation moves forward and we do self-certify and adopt that we will be amending that adopted element at least once.

H

F

E

B

All right, thank you very much.

B

Any final questions or observations ready. One.

B

It's hearing, none um I, think I can ask for a motion for the planet commission to recommend self-certification and Adoption of the 2023.

B

It's 2031 housing element to city council I, don't know if I need to word it perfectly, but that's kind of what I could come up with on the spot and if I may have a motion. Please.

D

So I I would move to adopt the proposed resolution and it's.

I

D

Findings with the Proviso that we add language about um the staff being able to to negotiate and suggest further amendments to the housing element um based on discussions with hcd.

H

Okay, I'll second.

B

Thank you very much. May I have a Voice vote. Please, commissioner, funka.

C

Aye commissioner Gooding hi, commissioner Lau aye, commissioner Saison.

H

B

Great thank you very much. The motion passes by the four votes to none.

B

um Anyone May appeal: the action of the Planning Commission to the city council, except we're specified, otherwise, appeals shall be filed by the city clerk not later than 15. Color days following the planet. Commission's decision exceptions to the 15-day filing period include the following. The appeals shall be filed with the city clerk within six calendar days of the planning, commission's action for use permits and variances and 10 calendar days for tentative maps and advertising time applications.

B

An application form and fee is required to make a formal appeal for additional information. Please contact the city clerk at 415-508-2110.

B

um In that case, uh I would like to ask staff for any items initiated by them.

C

uh Yes, thank you chair, so the one item I did want to bring up you'll, be getting some correspondence from the city legal council be forwarding tomorrow regarding uh meeting status. As you know, we've been holding uh remote meetings due to the emergency order that the state has passed um and sort of modifications of the brown act to allow for those. Those rules are being changed and the you know the bottom line is that going forward.

C

The next meeting in January and all the meetings in February will be hybrid meetings, which means that the public can either attend in person or participate remotely there'd be no expectation that the commissioners be in attendance or no requirement for the Commissioners to be attendants. At these um hybrid meetings you you can attend from City Hall, if you so choose, but you don't have to and then starting at the end of February into March.

C

um The meetings will be fully they'll still be hybrid, but the expectation and the direction will be that all staff and Commissioners and council members would be in attendance in person and the public can either participate in person or remotely. So you know there'll be some some further guidance or clarification indicating what limited circumstances Commissioners could participate remotely. So you'll see that if you have any questions, obviously reach out to staff or to legal counsel.

B

Ves, so staff will be present in person in uh starting at the end of the month. Is that right.

C

uh There will be some staff present for the hybrid meetings, these next meetings in January and February, but then, when the commission is back, you know in in live in person, staff will be yeah live in person as well. Unless there's some again extenuating circumstances.

B

Great, thank you. It's been a long time coming um any other items initiated by Steph I have nothing else. Thank you uh and I'll move on to items initiated by the commission. Anything from commissioner Gooding. No! Thank you so son, commissioner Lau. No.

B

All right so hearing none um I'll ask for a motion to adjourn to.

C

Them you, don't you don't need a emotion. You can use your prerogative as the chair and adjourn the meeting if you're so inclined.

B

All right, I'll just ring The Velvet all right well, thank you very much and um we will see you all on the 26th I think very good right. Okay,.

C

Thank you very much. Okay,.

E

Great. Thank you.