►
From YouTube: APR 12, 2023 | Planning Commission
Description
City of San José, California
Planning Commission meeting, April 12, 2023.
This public meeting will be held at San José City Hall and also accessible via Zoom Webinar. For information on public participation via Zoom, please refer to the linked meeting agenda below.
Agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=1092166&GUID=6B4F8BC8-A518-4B35-9C44-498BA9BAE028
A
A
A
A
A
A
B
B
Okay,
now
it's
time
for
roll
call
and
I'm
advised
by
our
City
attorney
that
one
of
our
commissioners
is
using
his
what's
the
terminology
just
cause
absence
because
of
illness,
and
at
this
time
do
we
does.
He
need
to
speak.
Is.
A
B
C
Okay,
okay!
So
at
this
time
commissioner
lardon
wall,
why
don't
you
State
the
rationales
to
why
you're
participating
via
teleconference.
D
Yeah
so
I
have
cold
symptoms
right
now,
so
I'm
using
the
just
cause
exemption
for
contagious
illness
to
participate
remotely.
B
Accept
that
yeah,
absolutely
please,
please
don't
come
when
you're
ill.
So
do
we
have
a
Voice
vote?
Accepting
commissioner
larinois
rationale?
Yes,
we
do
and
for
the
official
roll
call
we
have
commissioner
lardinois
commissioner
barrosio
here.
C
Oh
and
just
one
final
thing
about
participating
under
the
just
cause
exception,
commissioner
lardinois,
before
each
vote
we
take,
you
need
to
publicly
disclose
if
there
is
someone,
if
there's
anyone,
18
years
or
over
who's
present
in
the
room
when
you're
taking
that
vote.
That's
all
understood.
Thank.
B
You,
okay
great,
so
we'll
move
on
to
the
summary
of
hearing
procedures.
If
you
want
to
address
the
commission,
please
fill
out
a
speaker
card
located
on
the
tables
on
the
first
floor
and
the
top
floor
and
deposit
the
completed
card
in
the
basket.
The
procedure
for
this
hearing
is
as
follows:
after
stats,
presentation,
applicants
and
or
repellents
have
five
minutes
during
public
comment.
The
chair
will
call
out
names
other
than
the
submitted
speaker
cards,
as
your
name
is
called.
Please
line
up
on
the
stairs
for
those
who
attend
by
web
meeting.
B
The
meeting
technician
will
connect
those
persons
who
desire
to
speak
to
the
commission,
so
they
may
be
heard
generally.
Each
speaker
will
be
given
up
to
two
minutes
and
the
speaker
is
using.
The
translator
will
have
double
the
time
at
the
discretion
of
the
chair.
The
time
allotted
to
each
speaker
may
be
changed
Depending
on
time,
management
of
the
meeting
after
the
public
testimony
the
applicant
and
a
repellent
may
make
closing
remarks
for
up
to
an
additional
five
minutes.
Planning
Commissioners
may
ask
questions
of
the
speakers.
B
The
public
hearing
will
then
be
closed
and
the
Planning
Commission
will
then
discuss
and
vote.
If
you
challenge
these
land
use
decisions
in
court,
you
may
be
limited
to
raising
only
those
issues
you
or
someone
else
raised
at
this
public
hearing
or
in
written
correspondence
delivered
to
the
city
at
or
prior
to
the
public
hearing.
The
planning
commission's
actions
on
rezonings
pre-zonings
General
plan
amendments
and
code
amendments
is
advisory
to
the
city
council.
The
city
council
will
hold
public
hearings
on
these
items.
B
The
planning
commission's
actions
on
conditional
use
permits
is
appealable
to
the
city
council
in
accordance
to
section
20.100.220
of
the
municipal
code
agendas
and
all
staff
reports
for
this
meeting
may
be
accessed
on
the
City
website,
so
call
to
order
and
Orders
of
the
day
before
we
begin
I
want
to
remind
the
Planning,
Commission
and
members
of
the
public
to
follow
our
code
of
conduct
displayed
on
the
agenda.
This
includes
commenting
on
the
specific
agenda
item
only
and
addressing
the
full
body.
Public
speakers
will
not
engage
in
a
conversation
with
the
commission
or
staff.
B
All
members
of
the
Planning
Commission
staff
and
public
are
expected
to
refrain
from
abusive
language.
Repeated
failure
to
comply
with
the
code
of
a
conduct
may
result
in
removal
from
the
meeting.
This
meeting
of
the
Planning
Commission
will
now
come
to
order,
and
we
now
have
public
comment.
Now
is
the
time
for
public
common
items
not
on
the
agenda
but
pertaining
to
municipal
government.
Non-Agendized
items
cannot
be
take
any
formal
action
without
them
being
properly
noticed
and
placed
on
an
agenda
nor
May,
the
suggested
item
be
in
the
purview
or
the
Planning
Commission
staff.
B
H
Thank
you.
Can
you
hear
me?
Yes,
yes,
thank
you
today
was
a
meeting
on
Copa
and
you
can
sense
the
you
can
sense.
The
the
the
fear
is
palpable
and.
H
You
have
to
know
your
history
in
the
history
of
this
commission
and
what
it
did
to
this
city
and
the
generational
impacts:
economic,
social
and
political
to
the
Chicano
Community.
You
see
we
have
our
10
districts
now
because
of
the
Chicano
community
and
what
happened
at
fiesta
de
las
Rosas.
This
accounting
of
of
a
proper
accounting
of
the
history
is,
is
critically
important
when
you're
making
land
use
decisions
and
so
I'm
just
I'm
I'm
imploring
you.
That's
the
only
reason
why
I'm
here
I
get
I,
don't
work
for
a
number
I.
H
B
G
B
All
right,
we
have
a
motion
and
a
second
I
assume
no
discussion.
We
shall
vote
commissioner
lardinois
and
what's
that
special
thing,
yeah.
B
E
J
J
So
for
today's
presentation,
our
goal
is
for
all
of
you
to
have
a
good
understanding
of
the
municipal,
Regional
stormwater
npds
permit
and
an
overview
of
the
major
changes
specifically
to
two
Provisions
that
are
in
this
performance
called
C3
and
C12,
and
how
revising
Title,
20
and
key
city
council
policies
are
needed
to
achieve
Regulatory
Compliance.
In
the
end
of
this
presentation,
I
will
conclude
with
our
Outreach
efforts
and
recommendations.
J
But
before
I
begin,
I
wanted
to
provide
some
background.
Like
most
Bay
Area
cities,
San
Jose
has
two
sanitary
sewer
or
two
separate
sewer
systems.
The
top
row
represents
the
sanitary
sewer
system,
which
is
a
series
of
connected
pipes
that
discharge
into
our
regional
Wastewater
facility,
where
contaminants
are
removed
and
the
water
is
treated
then
eventually
discharges
into
our
San
Francisco
Bay
for
a
storm
sewer
system.
That's
not
the
case.
J
To
ensure
stormwater
is
treated
before
it
goes
into
our
waterways.
Under
the
Clean
Water
Act,
there
is
a
permit
required,
which
is
the
national
pollutant
discharge,
elimination
systems
permit
mpds.
For
short,
there
are
various
mpds
permits
administered
here
in
California,
which
is
very
unique
in
comparison
to
the
rest
of
the
country.
The
uscpa
authorizes
the
administration
of
this
permit
to
the
state
Water
Resource
control
board,
which
is
divided
into
nine
regions,
and
this
is
all
based
on
watersheds
throughout
the
state
in
our
area,
highlighted
in
the
blue
circle
on
the
far
less
left.
J
Let's
go
okay:
the
EPA
has
a
public-facing
website
to
highlight
the
condition
of
our
waterways
and
you
can
go
to
mywaterway.epa.gov
as
I
mentioned
before.
The
regional
water
quality
control
board
determines
the
health
of
the
waterways
in
California,
but
it
is
ultimately
approved
by
the
EPA
and
here's.
A
quick
snapshot
of
the
two
waterways
within
San
Jose.
J
So,
for
background
on
the
permitting
for
stormwater
sewer
systems
is
actually
relatively
recent
since
1990
in
comparison
to
Industrial
and
wastewater
treatment
plants
which
are
heavily
regulated
decades
before
this
permit
is
typically
a
five-year
permit
term.
With
the
exception
of
the
last
one
which
was
extended
for
two
years,
the
latest
new
permit
has
been
reissued
and
is
effective.
As
of
July
1st
2022.
There
are
changes
in
this
new
permit
that
will
require
the
ordinance
and
policy
changes
in
a
phased
approach.
J
So
again,
the
the
storm
water
permit
covers
the
entire
180
square
miles
of
the
city.
The
slide
shows
how
each
department
are
responsible
to
help
keep
the
city
in
compliance
with
the
storm
water
permit.
This
table
shows
all
the
various
Provisions
that
are
within
this
permit,
so
you
can
see
it's
quite
expansive
and
again,
the
focus
of
this
presentation
are
just
going
to
are
focused
on
C3
and
C12
that
are
highlighted
on
this
slide.
J
So
for
C3,
this
is
regarding
new
development
and
Redevelopment
projects.
There
are
different
types
of
projects
where
developers
and
roadway
projects
will
be
required
to
install
green
infrastructure
and
for
those
of
you
who
may
not
be
familiar
with
what
the
concept
of
green
infrastructure,
it's
essentially
an
engineered
treatment
system
that
cleans
the
water
before
it
enters
into
our
storm
sewer
system
and
eventually
discharges
into
our
waterways
for
commercial,
Municipal
and
multi-dwelling
units.
J
The
past
permit
focused
on
10
000
square
feet,
but
the
new
permit
requires
any
property
5000
square
feet
or
more,
which
includes
a
public
right-of-way
such
as
sidewalks
or
driveways.
A
single
family
home
was
originally
Exempted
in
the
past
permit,
but
now
we'll
focus
on
any
property,
ten
thousand
square
feet
or
more.
That
will
be
disturbed
a
small
project.
The
thresholds
have
been
lowered,
it's
to
2500
to
5000
square
feet,
and
this
basically
will
pertain
to
any
of
these
projects
disconnecting
downspouts
and
rerouting
stormwater
runoff
into
landscaped
areas.
J
J
Also
in
the
last,
this
permit
does
require
each
City
to
implement
some
green
infrastructure
and
for
the
city
of
San
Jose.
We
were
required
to
build
a
minimum
of
five
acres,
which
we
will
be
meeting
so
with
the
construction
of
the
River
Oaks
Regional
project.
That's
going
to
start
this
fall.
J
So
what
does
this
all
mean
for
us
Citywide
roughly
in
this
new
permit
about
58
of
more
properties
that
are
either
commercial,
municipal
or
multi-family
residential
will
be
required
to
comply
with
this
new
storm
water
permit
single-family
homes?
This
is
all
brand
new,
so
anything
10,
000
square
feet
or
above
which
is
roughly
about
14
000
properties
throughout
the
city
as
San
Jose
and
keep
in
mind.
The
reason
for
this
increase
is
because
our
waterways
are
impaired
and
needs
to
be
improved.
J
Pcbs
are
toxic
and
currently
unhealthy
quantities
exist
in
our
San
Francisco
Bay,
as
such,
the
water
board
has
specified
requirements
as
to
how
to
address
these
issues.
But
for
today's
presentation,
we'll
just
focus
on
one
of
four
programs
called
the
PCB
building
demolition
program.
This
was
first
introduced
in
the
last
permit,
which
required
permatease
to
implement
the
program
starting
July
1st
2019,
since
in
the
Pro
program,
will
need
to
be
expanded
under
the
new
permit.
J
So
what
is
the
what's
new
in
the
permit,
starting
after
July
1st
2023
is
highlighted
in
green.
Essentially,
contractors
will
shall
provide
notification
to
the
city
and
to
the
water
board
in
the
EPA
at
least
one
week
before
a
demolition,
Begins
the
city
and
must
inspect
the
demolition
site
beginning
in
the
2023
rainy
season,
and
the
city
will
need
to
obtain
official
documentation
of
any
materials
that
contain
pcbs
and
ensure
that
it
was
properly
disposed
and
that's
through
a
manifest
waste.
J
J
In
addition,
the
slide
also
summarizes
the
creation
of
a
new
policy
title
and
policy
628
that
is
specifically
focused
on
the
PCB
building
demolition
program
and
updating
any
existing
updating,
the
two
existing
policies,
629
and
6,
8
14.,
and
also
just
Associated
ordinances-
to
enforce.
B
G
That
yeah,
we
do
have
someone
on
public
comment.
H
If
I
made
you
the
chair,
I'd
like
to
defer
my
comments
till
after
I've
heard,
the
commissioner
speak.
If
that's
okay
with
you,
commission,
Barry.
B
H
Well,
I
would
like
my
my
comment
to
be
a
little
bit
more
informed
by
what
the
commissioner
has
to
say
and
then
again
I'll
reiterate
my
request
to
speak
after
the
commissioner
is
spoken.
B
E
Yes,
okay,
thank
you.
Thank
you.
So
much
for
the
presentation.
Anything
that
updates-
and
you
know,
brings
us
up
to
speed
with
with
our
quality
of
waters.
Is,
is
good
news.
So
thank
you
for
that.
I
do
have
a
clarifying
question.
I
saw
it
in
slide
eight
and
in
the
first
summary
slide
in
terms
of
the
ten
thousand
single-family
homes,
and
my
two-part
question
is
for
clarification:
is
it
ten
thousand
square
feet
per
single
family
home,
or
is
it
ten
thousand
per
project
right?
J
So
that
could
entail
the
sidewalk,
the
driveway.
You
know
just
any
addition
where
we're
taking
away
you
know
just
essentially
any
undeveloped
land
and
redeveloping
it
or
reconstructing
it.
So
that's
what
that
pertains
to.
E
Okay,
perfect,
thank
you,
and
would
you
be
able
to
share
with
us
what
what
happens
incrementally
say
right
now,
it's
at
ten
thousand.
What
would
happen
if
we
were
to
drop
that
to
say
five
thousand
or
eight
thousand
or
seven
thousand?
Why
was
ten
thousand
the
magic
number
for
that
for
that
line.
J
I
mean
I
I'm,
not
clear
as
to
what
the
water
board
decided,
starting
at
10
000
square
feet,
but
that
that
is
a
question
that
we
can
ask
our
water
board
staff
why
they
picked
the
10
000
square
foot.
I,
don't
have
the
background.
E
Perfect,
thank
you
yeah.
Just
some
clarity
around
that
I
think
sorry.
E
K
Young,
yes,
thank
you.
Chair
just
have
a
couple
questions.
I
was
wondering
if
you
could
just
give
us
an
example
of,
say,
a
medium-sized
commercial
building,
new
building.
What
kind
of
things
would
they
put
in
to
meet
this
ordinance
as
far
as
green
infrastructure.
J
So,
just
any
commercial
building
that
is
being
redeveloped
or
being
installed.
J
J
So
if,
if
you,
if
you
see
I,
don't
know
if
you've
ever
seen
in
parking
lots
and
some
of
the
Big
Lot
type
of
facilities
where
the
the
drainage
of
a
parking
lot
goes
into
some
kind
of
vegetated
state,
that's
actually
a
very
that
is
an
engineered
solution.
It's
not
just
Landscaping
where
it
is
physically
treating
the
water
before
it
discharges
into
our
storm
sewer
system.
So
that's
an
example
like
if
you
go
to
a
Lowe's
or
a
Home
Depot,
these
types
of
sites
have
that.
K
Thank
you.
Could
you
talk
about
the
five
acres
of
green
infrastructure
that
the
city
is
going
to
do
at
River
Oaks
like
what
what
that
might
look
like
so.
J
I
I
don't
have
the
specific
details
of
that
one,
so
our
partner
department
is
Public
Works
who
will
be
leading
that
project,
so
it
is
taking
an
existing,
a
city-owned
land
and
and
essentially
what
I
described
of
this
engineered
solution.
Larger
scale
that
we'll
be
treating
about
200
Acres
of
of
our
drainage
sheds,
so
which
is
a
really
significant
project
for
the
city.
K
I
J
This
is
being
driven
by
the
storm
water
permit.
That's
always
it's
been
in
existence
since
1990,
and
it's
based
on
a
lot
of
the
study
and
the
research
that
Urban
runoff
is
is
more
of
the
number
one
causes
of
just
contamination
in
our
waterways.
You
know
as
storm
as
sanitary
and
Industrial.
As
you
all
know,
it's
been
heavily
regulated
and
so
not
much
has
been
discharging
into
the
waterways,
but
it
is
through
our
Urban
footprint.
Okay,.
J
I
I'm
curious
because
if
my
understanding
was
it
was
a
significant
bill
to
make
the
changes
that
would
be
required.
Okay
and
this
kind
of
felt
like
pushing
it
Upstream
to
the
consumer
or
to
the
to
businesses
and
to
the
community
rather
than
municipality.
Okay,
so
I
was
curious.
What's
driving
this,
this
change,
yeah.
J
I
J
Now
that
information
is
not
available,
but
the
one
slide
that
I
showed.
No
sorry
the
PowerPoint
is
the
PowerPoint.
Is
it
up
still
the
one
slide
that
showed
all
the
different
Provisions
in
this
new
permit?
We
will
be
requiring
to
obtain
cost
estimates
of
anything
related
to
the
storm
water
permit,
and
so
that
that's
something
we
will
be
having
in
the
future.
It
will
only
start
as
of
fiscal
year
25-26
so,
but
it
is
one
of
the
things
that
this
permit.
There
are
requiring
every
permittee
to
include
who.
J
It
will
depend
whether
it
is
something
bestowed
onto
the
perm.
You
know
the
developer
or
whoever
is
developing
the
land
or,
to
you
know,
City.
It
just
depends
what
the
situation
might
be.
Okay,.
A
J
J
L
J
Because
it
is
of
Title
20
changes
and
we
have
to
ensure
that
this
ordinance
updates
are
implemented
before
the
July
1st
2023
deadline.
But.
I
I
Cart
horse.
Yes,.
B
J
A
that's
another
provision
in
there
this
is
C10,
which
is
doesn't
really
pertain
to
land
use,
but
that
that's
being
handled
and
actually
there's
a
new
provision.
C-17,
that's
particularly
focused
on
our
unhoused
community
and
the
impacts
to
our
storm
sewer
systems.
B
Thanks,
commissioner
ornelis
wise.
G
Hi,
thank
you
for
the
presentation.
It
was
great
I
have
some
questions
because
I
know
that
there
is
some
fines
associated
with
what
would
be
approving
a
day.
I,
don't
know
if
you
know
if
someone
is
caught.
If
they
are
given
a
warning
and
then
what
the
fee
structure
looks
like,
can
you
walk
us
through
that?
So.
J
Right
now,
based
on
our
data
that
we
have
since
the
building,
because
this
is
really
pertaining
to
more
of
the
building
demolition
program.
J
You
know,
since
its
Inception
in
2019,
we're
estimating
about
five
of
these
projects
might
qualify
under
this
new
permit
requirement.
And
you
know
quite
honestly,
we
only
seen
one,
but
this
is
just
our
rough
estimation,
because
they're,
really
it's
based
on
land
use
right
now,
is
how
the
data
is
obtained
and
then,
through
the
next
couple
years,
we're
going
to
really
you
know
narrow
that
down
to
really
ensure
what
sites
are
really
PCB.
You
know
that
qualify
under
that
provision,
and
so
there
will
be
so.
J
Our
team
will
be
involved
in
communicating
with
the
permit,
whatever
that's
whoever
is
applicable
under
this
permit,
and
and
definitely
warn
them
ahead
of
time,
so
that
they
don't
lose
sight
and
we've
been
working
very
closely
with
planning
building
code
enforcement
too,
because
since
this
is
a
new
program,
and
so
we
want
to
really
just
ensure
there's
a
lot
of
Education
out
there
to
make
sure
that
no
one
is
really
not
complying.
G
G
G
And
in
regards
to
I,
don't
know
what
the
the
you
know:
Adu,
you
know
maximum
or
you
know
house
sizes
I
know
I
saw
in
here
that
there
was
something
about
a
2500
between
2
500
to
5,
000
square
foot,
small
projects.
E
J
L
J
They
would
do
is
discharge
it
into
some
kind
of
landscape
area,
essentially
just
trying
to
bring
it
back
to
the
pre-development
state
is
what
we're
trying
to
do
you
know,
or
what
the
you
know
is
what
the
water
board
is
really
trying
to
achieve.
Is
that
we,
you
know,
just
restore
the
water
yeah.
G
Yeah,
it
does
do
you
all
have
any
like
design
guidelines
too
I
mean
I
thought
it
was
some
of
it.
That
was
really
great
was
that
it
encourages
people
to
use
like
the
sidewalks
and
whatnot
like
to
really
get
creative
on,
creating,
maybe
pervious
Paving
Solutions
right
or
like
what?
What
other
materials
can
we
use
that
that
are
pervious
here,
so
I,
don't
I,
I'm
sure,
there's
some
University,
that's
already
created
some
sort
of
guide
to
you
know.
You
know
you
know,
I,
don't
know
what
is
it?
G
They
probably
already
have
them,
so
we
should
have
those
available
for
people
as
Alternatives
right,
because
we
obviously
have
the
the
opportunity
here
to
encourage
people
to
use
different
type
of
materials
so
that
the
water
is
not
ran
off
right
off
the
property,
but
that
it
goes
into
the
Earth
right.
G
And
then
it
looked
like
when
this
policy
was
adopted,
you
know
coming
down
from
the
state
now
at
the
local
level.
It
was
before
all
these
large
storms
right
I
mean
due
to
climate
change.
Obviously
you
know
this
year.
The
amount
of
water
that
we
received
with
so
much
I
mean
I
I,
read
in
the
staff
report
that
I
think
we
have
like
13
000
inlets
right
for
stormwater
runoff.
G
G
What
are
we
doing
to
preserve
life,
to
prevent
flooding
to
capture
this
water
so
that
we
could
use
it
I
mean
in
regards
to
education,
for
you
know
these
Urban
Farms
or
whatever
all
this
creative,
wonderful
stuff
that
that
can
be
used
for
capturing
that
water
and
yet
preventing
damage
to
other
people's
property
and
whatnot
and
maybe
collaborating
with
like
PG
e
and
public
works
and
figuring
out.
Where
were
the
problems
and
really
doing
some
intervention
and
prevention
work
to
try
to
do
even
better
job?
Absolutely.
J
Yeah
no
appreciate
your
comments.
Yes
and
it
is,
it
is
definitely
underway
as
these
opportunities
yeah
so
more
to
come
on
that,
that's
it
as
you
can
see.
In
that
one
slide.
It
is
a
collaborative
effort
with
several
departments
involved
with
the
storm
water
permit.
So
that
is
definitely
top
of
mind
and
then,
with
regards
to
your
earlier
comment,
we
do
have
some
design
guidelines
and
then
we
are
part
of
a
county-wide,
as
I
mentioned,
a
bunch
of
counties
that
are
part
of
the
stormwater
permit.
J
G
J
B
Thank
you,
commissioner
lardon.
Why.
B
Raised
no
worries,
it
just
says
current
speakers,
so
I
just
wanted
to
double
check,
and
then,
commissioner
young
did
you
have
an
additional
comment
or
that
was
from
before.
Okay,
anyone
else,
I
heard
this
way.
First,
yes,.
F
So
I
to
ladder
up
to
commissioner
Cantrell's
earlier
comments
about
the
cost,
I
was
waiting
and
I
was
assuming
that
at
some
point
the
cost
would
be
spoken
to
and
it's
disappointing,
because
this
is
sort
of
emblematic
of
the
gap
between
well-intended
City
or
Municipal
plans
and
the
pragmatic
impacts
it
will
have
on
folks.
F
F
J
J
Yes,
that
cost
is
going
to
be
so
this
that
information
I
do
not
have
as
to
what
this
is
it.
You
know
it
really.
We
we
really
don't
know
what
the
impacts
of
this
of
these
changes
are
going
to
be,
and
that's
something
and
starting
in
July
1st
we'll
have
a
better
understanding
of
that.
But
right
now
it's
just
this
is
really
what's
coming
from
the
federal
or
state
mandate.
You
know
as
to
what
we
have
to
ensure
that
we're
complying,
or
else
the
city
will
not
be
in
compliance.
F
J
I
will
defer
to
the
City
attorney
on
this
one,
but
it
is
definitely
detrimental
in
violation
with
the
Clean
Water
Act.
So
I
don't
have
the
cost
implications
with
that.
C
This
is
a
regional
permit
that
we
have
to
comply
with
as
a
city
right,
we're
a
permittee,
it's
part
of
the
Clean
Water
Act
Right,
so
so,
basically
we're
talking
about
what
kind
of
cost
is
being
I,
guess
trickle
down
to
developers
who
might
have
to
pay
something
extra
as
an
additional
condition
to
developing
the
property.
I
I.
Don't
know
if
I'm,
maybe
misunderstanding,
but
this
is
not
going
to
be
some
detrimental
cost
on
the
the
public.
C
I
mean
we're
talking
about
clean
water
right,
so
we're
already
paying
a
cost
by
living
in
the
city
right
we're
already
paying
for
the
luxury
of
of
having
roadways
and
buildings
and
schools
and
houses.
So
this
is
all
part
of
that
right.
This
is
part
of
that
social
contract
that
we're
somehow
having
to
you
know
pay
for
clean
water.
I,
don't
know
if
there's
going
to
be
an
exact
cost
that
you
can.
You
know
pinpoint
so
I
just
want
to
make
sure
that
that's
clear
and
I
don't
know
if
any.
C
If
that's
opening
up
the
discussion,
but
I
wanted
to
make
just
clarify
that
what
we're
doing
here
is
is
recommending
to
the
city
council
on
a
permit
that
is
being
mandated
by
the
state.
B
Over
Johnny
are
there,
as
these
permits
come
forward
in
the
hundreds
of
cities
in
California.
Do
you
know
of
any
of
them
that
come
with
here's?
Here's
the
new
permit,
and
these
are
the
variety
new
ordinances
and
regulations
that
pertain
to
it
and
here's
a
list
of
approximate
prices
that
go
with
these
things
or
costs.
J
So,
but
now
it
will
be
moving
forward.
So.
B
So
today,
on
the
old
permit,
if
someone
comes
forward
and
they
trigger
the
improvements
that
are
necessary
for
the
Water
Act,
the
city
doesn't
say:
hey,
we
think
it's
going
to
be
this
price,
it's
more
or
less
applicant.
These
are
the
requirements
for
the
Clean
Water
Act
you'll
need
to
abide
them
and
what
it
costs
is,
what
you
find
it
costs
in
the
marketplace
versus
this
will
cost
you
twenty
five
thousand
dollars
for
this
storm
water,
one-off.
J
B
Then
hearing
the
concern
from
Commissioners
about
pricing
and
sort
of
an
unexpected
cost
that
may
be
for
a
new
applicant
right
and
I.
Think
I
don't
know
if
any
applicant
knows
exactly
what
their
compliance
for
the
Clean
Water
Act
is
going
to
cost
on
any
given
development.
But
ultimately
this
will
increase
and
the
scope
of
properties.
B
It
is
it
possible
to
work
with
your
colleagues
in
the
other
in
public
works,
to
say,
hey
that
project
that
got
done.
They
did
the
storm
water
treatment
for
the
parking
lot.
Did
they
ever
tell
you
how
much
it
costs
so
that
we
just
know
that
you
know
this
is
an
example
of
what
it
could
cost
so
that
when
it
gets
to
your
discussion
at
Council
that
they
have
some
price
point
that
the
commission
doesn't
have
well.
J
Unfortunately,
a
lot
of
this
is
through
the
private
development
site
and
that's
always
been
kind
of
private.
So,
but
we
we
have
some
rough
ideas,
but
I
don't
know
if
it
would
cover
the
gamut
to
to
what
some
of
the
Commissioners
have
I.
You
know
for
the
small
projects
to
the
large.
We
don't
have
that
level
of
detail
because
it's
brand
new
okay,
so.
C
Wanted
to
clarify
so
basically
a
violation
of
the
npds
permit
would
be
a
violation
of
Clean,
Water,
Act,
and
so
some
information
that
would
be
basically
could
be
up
to
a
55
000
per
day
per
pollutant
if
we
are
to
violate
the
Clean
Water
Act,
which
is
a
an
administrative
or
a
criminal,
fine
and
it,
and
that
can
be
enforced
by
private
parties
like
save
the
bay
or
Bay
keeper,
who
can
also
recover
attorney's
fees.
So
it's
a
very
serious
violation.
I
just
want
to
make
sure
folks
are
aware,
commissioner,.
I
Know
from
a
practical
perspective,
absolutely
I
think
it
makes
a
lot
of
sense
for
us
to
adjust
the
way
that
we
deal
with
storm
water
on
a
systematic
level.
Get
it
great
idea,
except
I,
think
we
have
to
be
careful,
because
not
all
land
works,
the
same
way
and
a
lot
of
storm
water
could
one
wind
up
running
off,
causing
mudslides
and
other
problems.
So
it's
not
as
simple
as
we
might
think.
I'm
curious,
though
I
think
we
should
unpack
this
a
little
bit
because
I'm
not
sure
I'm
feeling
a
sense
of
urgency.
I
J
The
new
permit
has
been
effective
as
of
last
July,
and
so,
if
we
do
not
approve
this,
we
will
not
be
in
compliance
with
the
requirements
that
is
established
under
the
permit.
So
we're
legally
obligated,
as
the
city
attorney's
office
have
mentioned,
so
we
we
aren't
in
violation,
so.
J
You
know
just
really
need
to
think
through
as
to
what,
where
what
is
the
appropriate
levels
of
ordinance
changes,
and
things
like
that.
So
there
was
a
lot
to
really
look
into
as
to
how
to
minimize
that
impact.
So
it
did
take
some
time
to
really
understand
it,
and
also
while
we
are
making
these
changes,
the
water
board
has
also
been
evolving
as
to
their
you
know,
requirements
as
to
particularly
around
the
C12
with
the
pcbs.
J
Those
have
also
been
informing,
so
we
couldn't
really
make
a
decision
until
we
get
more
clarity
at
the
direction
from
the
water
board,
so
that
was
also
another
challenging
part
of
this
permit.
To
your
point,
you
said
the
cart
before
the
horse.
That's
essentially
what's
been
happening,
particularly
around
the
pcbs
world.
K
Okay,
commissioner
Young
yeah
I
I'd,
just
like
to
provide
some
perspective.
I
have
a
little
bit
of
background
on
this.
I
actually
was
the
fire
chief
prior
to
2008
and
the
fire
department.
I
worked
for
actually
enforced
these
ordinances.
These
are
not
new
they've
been
these
storm.
Water
requirements
have
been
around
for
a
long
time.
What
this
does
is
it
up
makes
it
apply
to
smaller
projects,
and
just
you
know
just
so.
K
We
all
understand
the
requirements
come
down
from
the
EPA
to
the
San
Francisco
Bay
Regional,
water
quality
control
board,
the
control
the
control
board
had
hearings
in
order
to
develop
these
regulations
and
I
know
at
that
time.
I'm
sure
they
had.
You
know,
input
from
the
business
community
and
the
development
Community
as
as
far
as
the
you
know,
the
cost
impact
and
the
questions
on
the
cost
impact
are
are
very
relevant.
K
No
question
but
I
just
wanted
to
give
some
perspective
that
the
cost
issue
was
considered
when
it
was
approved
by
the
San
Francisco
Regional
water
quality
control
board,
and
we
don't
have
the
option
not
to
approve
this
really,
because
if
we
don't,
you
know
we're
in
violation
of
federal
law.
So
you
know
I
appreciate,
I,
appreciate
all
the
concerns,
but
just
just
for
some
perspective
on
that.
Thanks
thank.
M
A
M
To
Michael's
point
for
the
most
part,
these
are
things
that
developers
already
do
right
and
already
building
their
plans,
but
now
we're
just
tightening
things
up
other
than
the
ones
that
are
exempt
and
will
now
no
longer
be
exempt.
But
it's
something
that
they
normally
do
as
part
and
practice
of
their
work.
Right.
J
Yes,
you're
absolutely
correct
that,
actually
it's
our
development
community
that
has
been
leading
the
charge
on
this
you
know
and
so
they've
you
know
in
the
beginning.
There
was
some
consternation
to
your
point
and
you
know,
but
over
over
the
time
it
ended
up
being
something
quite
honestly,
a
feature
that
is
amendable
to
a
lot
of
properties.
J
B
Of
incorporated
into
the
exactly
commissioner
lardinois.
E
Yes,
perfect.
Thank
you.
I,
do
appreciate
the
clarity
and
and
everyone's
expertise
on
on
this
two-part
question,
with
one
remaining
Planning
Commission
meeting
in
in
April
to
in
May
and
two
in
June,
I
know
where
it
begins.
The
June
30th
you
know
must
approve,
or
at
least
city
council
must
approve.
When
would
be
the
latest
where
our
recommendation
can
be
given
to
city
council
like
at
what
meeting
is
this
the
meeting
or
could
we
could
we
ask
for
more
clarity
and
and
us
for
a
part
two
so.
J
I
I
will,
if
the
City
attorney
could
clarify,
but
from
my
understanding
for
ordinances
to
be
effective,
you
need
30
days
and
so
kind
of
working
backwards
from
June
to
May,
that's
kind
of
critical.
So
we
and
we
have
to
have
two
hearings,
so
we
have
May
9th
and
May.
23Rd
are
the
two
hearing
dates
so
so
we
are
kind
of
close
to
making
sure
we
have
to
present
now
with
the
the
Planning
Commission,
the
updates
associated
with
the
title
20.
E
Okay,
yeah
with
those
two
hearing
dates
the
first
May
commission
meeting,
May
10th
is
the
day
after
the
hearing,
so
I
think
that
would
put
us
if
you
know
if
it's
allowed
I
don't
know.
That's
that's
my
next
question.
We
do
have
one
more
meeting.
E
April
26th
is
our
options
here
and
and
I
defer
to
to
our
chair
and
City
attorney
is
to
vote
and
either
it's
a
recommendation
for
yes
for
city
council
or
for
no.
Is
there
a
third
option
of?
Can
we
hear
this
again?
April
26th.
B
If
it's
a
will
of
the
commission,
we
can
always
defer
personally
I
am
not
a
fan
of
deferral
at
all.
All
these
things
that
come
before
us
have
had
months
of
Staff
work
to
come
before
us
and
present
us
an
option.
We
know
that
we
are
making
a
recommendation
and
we
can
always,
within
our
recommendation,
provide
guidance
to
the
Council
on
areas
of
concern,
so
that
then
they
can
examine
that
further
with
the
staff.
So
that's
my
answer.
B
So
do
we
have
any
other
comments
on
this
item?
I
will
be
supporting
emotion
once
it's
made
for
this
item.
I
think
this
is
just
an
example
of
how
government
works
in
the
United
States
right.
We
have
a
federal
level
with
a
law
passed
by
the
Congress
and
President
that
over
time
has
its
own
agency
that
has
further
regulations
as
the
science
progresses
and
those
regulations
get
pushed
down
to
the
states
and
the
counties
and
the
cities.
I.
B
Don't
think
we
have
line
item
pricing
on
every
given
regulation
that
comes
to
us
from
the
federal
government.
I
totally
get
the
concern
right
because,
no
matter
how
much
Outreach
someone's
going
to
apply
for
a
modest
project
and
they're
going
to
get
hit
with
this,
you
know
this
is
the
cost
of
storm
water
and
it's
not
going
to
be
anticipated
and
they
didn't
know.
B
But
that's
the
you
know
Point
them
back
to
your
congressional
representative,
I
mean
whether
you
agree
or
disagree
with
the
regulation,
so
I'm
inclined
to
support
the
staff
recommendation,
knowing
where
the
process
goes
from
here.
B
E
Yes,
I
I
appreciate
the
spirit
of
of
the
motion
and
I
agree
with
with
commissioner
young.
At
the
same
time,
I
think
the
months
of
work
has
brought
us
here
with
some
questions
and
and
I.
Think
if,
given
the
opportunity
to
take
two
more
weeks
or
so
I
would
I
would
like
to
defer
so
I
I
will
be
voting.
No,
knowing
that
eventually,
we
will
have
to
you
know
good
conscious,
recommend
this
for
for
an
affirmative
recommendation
for
city
council.
E
So
it's
not
it's
not
on
the
work
and
it's
not
on
your
presentation.
I.
Just
think
that
we
could
come
back
in
two
weeks
and
kind
of
get
some
of
this
clarified.
So
thank
you
for
the
opportunity
to
say
that
sure.
I
Yeah
I'll
I'll
say
this:
I,
certainly
respect
your
your
views,
commissioner.
Young
I
mean
you
know,
I,
think
you
you
do
your
your
work
and
we
can
depend
on
that
and
I
appreciate
it.
I
am
I'm
a
bit
concerned
because
I
don't
think
it's
necessary.
It's
necessarily
that
it
comes
from
a
pie,
I
think
different
municipalities.
Look
at
these
things
differently.
Some
might
be
able
to
absorb
some
of
this
costs
and
make
the
changes
required
and
necessary.
Others
might
pass
it
on
to
their
community
members.
I
I
I
do
feel
that
that's
what's
happening
here,
we're
passing
the
buck
so
I
I
won't
say
what
my
vote
is
because
quite
frankly,
I
don't
know
yet.
But
you
know
I
am
I'm
concerned,
but
that's
it
thanks.
D
There
is
not
anyone
in
the
room
with
me.
Excuse
me
so
yeah
I,
just
I
want
to
Echo
the
chairs
comments
that
what
this
comes
down
to
is
our
required
local
implementation
of
a
Federal,
Regulation
change,
and
you
know,
I
understand
that
it's
we're
still
what
about
two
and
a
half
three
months
from
the
deadline
to
be
in
compliance,
but
there's
also
other
things
that
go
into
this
I
mean
you
know
it's
not
like.
D
City
councils
votes
in
these
things
are
generally
sometime
after
hours
and
there
may
be
additional
staff
work
involved
both
between
when
we
have
our
say
and
when
it
goes
to
city
council
and
then
afterwards,
before
the
actual
implementation
dead,
dot.
Excuse
me
deadline,
yeah
and
I.
I
totally
agree
with
all
the
concerns
about
cost
and
how
that
impacts.
D
Not
something
that
is
part
of
whether
we
choose
to
be
in
compliance
or
not
I
think
I'd
be
open
to
I'm
going
to
vote
Yes
on
the
motion
on
the
table.
I'd
be
open
to.
They
wants
to
propose
something.
You
know
adding
to
the
recommendation.
I,
don't
know
something
for
the
city
to
you
know:
I,
don't
know
investigate
how
you
know
it
as
an
entity
can
better
inform.
D
You
know,
permit
requesters
what
costs
may
be
associated
with
that,
but
regardless
I
think
we
should
move
ahead
with
accepting
the
staff
recommendation.
Thank
you.
G
You
know
just
based
on
my
professional
experience.
You
know
every
project
is
so
different
from
from
each
other.
Everything
is
parcel
specific.
You
know,
there's
there's
going
to
be
differences
between
commercial
versus
residential
and
then
the
differential
within
you
know
what
what
was
that
property
used
for
such
as
a
gas
station
you
know
has
more
toxins
right
if
there's
any
demolition
work,
you
know
how
large
was
the
structure.
If
the
you
know
you
could
have
a
big
parcel,
but
a
small
structure.
G
So
even
if
we
try
to
do
like
some
sort
of
transparency,
I
mean
I
think
it's
important
to
recommend
to
City
staff
that
they
just
alert
the
public
that
there's
some
additional
fees
associated
with
a
you
know
whatever
this
is
going
to
require,
however,
even
if
we
do
a
study
of
what
it's
going
to
cost,
it's
going
to
vary
on
the
project
and
the
scope
of
the
project,
so
I
think
with
just
going
forward
just
with
some
transparency
that
there
will
be
some
fees
Associated.
G
You
know,
you
know,
the
site
plan
is
typically
a
civil
engineer
is
going
to
do
it.
Civil
engineer
is
going
to
be
the
one
that's
going
to
probably
design
the
biosoil
or
whatever
they're
going
to
use
for
detention
and
retaining
this
water
run
off
right.
So
I
think
that
a
lot
of
that
cost
is
is
some
of
that
already
embedded
in
their
development.
G
There
might
just
be
additional
fees,
but
yeah-
and
you
know
to
me
what's
really
important-
is
making
sure
that
it's
in
different
languages
too,
so
I
would
recommend
this
with.
You
know
you
know
to
contractors
and
developers
in
multiple
languages.
That's
very
important
to
me.
Okay,.
B
Just
thinking
out
loud
here,
you
know
federal,
fair
housing
laws
are
passed
by
the
federal
government
and
are
implemented
locally,
and
that's
what
it
is
I
mean:
that's
the
federal
law
or
the
regulation
that
you
must
comply.
So
I
think
this
is
just
a
great
just
example
of
a
social
studies.
Class
was
watching
about
how
federal
system
and
local
system
works.
So
thank
you
and
commissioner
barrosio
schools
will
be
on
the
hook
too,
to
pay
for
their
improvements.
B
If
they
do
that
so
you're
not
out
of
that
all
right,
I'm
gonna
do
a
yes,
no
vote
roll
call.
Commissioner
lardinois.
B
B
And
we're
on
to
report
from
the
city,
council
and
I
noticed
our
planning
director
was
in
the
audience.
Did
the
planning
director
want
to
say
anything
or
no
he's
passing
to
Robert.
L
L
No,
it
was
deferred,
sorry
to
May
2nd
bear
bank
number
47,
which
came
from
this
commission
was
approved.
The
Historic
Landmark
designation
for
and
the
Mills
act
for
property
located
at
619
Fair
Street
was
also
approved.
It
came
from
this
commission
Burbank
number
44
annexation
was
also
approved
and.
B
Great,
thank
you
for
that
and
I
don't
see
anything
on
the
public
record.
No
changes
to
the
calendar.
I
do
have
one
request
of
this.
Our
attorney.
There
is
legislation
that
has
been
proposed
to
allow
Commissioners
to
attend
meetings
remotely
if
next
week,
our
next
session,
you
can
let
us
know
what
the
status
of
that
is
happy.