when we begin.
Tell you.
This Wednesday, September 6th of 2023,
design review commission meeting,
everybody's welcome to join us on Zoom.
That Zoom ID is 857-2505-7523.
The login password is 746.
If you wanna join via audio,
do so at 1-669-900-6833. Yes, they're the first time for everyone. Okay, so and as a
courtesy and technology remaining members of the public may continue to
provide live remote oral public comment via the city's Zoom video conferencing platform.
However, the city cannot guarantee that the public's access to teleconference
technology will not be interrupted and technical difficulties may occur from
time to time. Members of the public desiring to provide comments as part of
the meeting are encouraged to read comments at least two hours prior to the
meeting or attended the meeting in person. Please refer to the end of the agenda for review options for participating in the meeting.
that said welcome thank you chair commissioner Killian here commissioner
case here vice chair curling here and chair Newsom here commissioner Valia
sent an email he will not be able to make it tonight so he's absent we have
a quorum. Excellent. So this is a reminder that any interested party may
appeal a decision of the Commission as explained on tonight's agenda. So with
that said, let's move on to the consent calendar. Are there any items that we
would consider moving to the consent calendar tonight? Staff does have some
recommendations, but before we do that, I'd like to explain what's in front of you
today. There is a resolution that's been updated or revised. The revisions are
highlighted in yellow and it's in reference to item 4C on your agenda and
the public hearings. This is simply an item that was added that we
missed and it's merely a step in the entitlement to zoning ordinance. I'm sorry,
a zoning administered decision regarding an eight-foot fence surrounding the
property. So it's just in the record as a whereas on the resolution. It doesn't
change the outcome or change the findings or the conditions whatsoever.
So that said, staff would recommend moving items for A, B, and C to consent as
they are all extensions. Would anybody like to so move? Prior to moving, may I
Ask about item D, 4-D thank you, it's also an extension.
There's four extension requests, yeah, you did A, B, and C.
I did not say D. Correct.
4-A through D. Excuse me.
Good point, would anybody like to make such a motion?
I move that we move items for A, B, C and D to the consent calendar.
Can I get a second?
Oh, second.
Do we do a roll call vote for this or?
We can.
Yes.
Vice Chair Cruelling?
Yes.
Commissioner Killian?
Yes.
Commissioner Case?
Yes.
Chair Newsom?
Yes.
That's 4-0.
The motion carries.
So that's it, right?
Oh, public communication. This portion of the meeting is reserved for comment for items not
on the agenda under the Brown Act. Commissioner cannot act on items raised during the public
communications, but may respond briefly to statements made or questions posed. Request
clarification or refer item to staff. Any public communications tonight?
If you are on Zoom and you have a public communication, would you please raise your
electronic hand seeing none okay mr. chairman just a point of order I think
we just voted to move those items to the consent calendar but we haven't voted on
the consent calendar I believe noted we should probably do that backing up yeah
I'm actually I guess we'd be since we've done that we should also ask if there is
anybody in attendees that would like to pull an item off of the consent?
In the public, right?
Yeah.
Okay.
So are there any of the members of the public that would like to pull something off the
consent calendar tonight?
Okay.
Seeing none.
Seeing none.
So let's.
Chair Newsom, may I add a comment?
Yes.
I just think for the record of the meeting, the movement of the items to consent calendar
were because we had four requests for extensions
of previously approved designs with no changes
to those designs, so we're just granting more time.
And that's why I motioned and agreed with staff
on moving all four items to consent.
Thank you for stating that because that's important
for the record, so I appreciate that.
Anybody else like to say anything?
I will move that we approve the consent calendar.
That's up to the Commission.
The time has already been gone, so it's up to you.
Sure.
Did you have a question?
OK, so what did no.
So you're not talking about it later.
Is that what I understand?
Well, the motions the motions on the floor.
Yes, we haven't voted so.
So you might want to see.
You guys want to hear this?
yes thank you there's my card you guys okay all right do you guys do you do you want to pull
this off the consent is that yes like i don't want it approved i wanted to say something about it
okay so well i guess we're going to pause the consent vote then at this point right do we do
we move the ones that are not this one to consent vote on that and then open this one if we don't
don't have comments we open it to the public she can speak and then we close
on that one that sounds right that's the case if she wishes to pull it off the
consent calendar okay so let's what's the right thing to do here so just ask
her if she'd like to pull it off which which one would you like to pull off the
consent calendar or D okay okay so
So then we'll back up, let us vote on the consent calendar and then we'll reopen it
for public comment.
Is that okay?
Sit down for one second.
One second.
Okay.
So then can I get a motion to move A, B, and C, is that right?
A, B, and C to consent?
I think you just get, I think you want to get on the items itself a motion to approve
the consent calendar. Can I get a motion to approve the consent calendar? Well I
need to clean it up the motion was to approve all four we're not doing four
now let me remove that motion we removed item four D from think I will make a
motion for a B and C that we approve that under the consent calendar. I will
second that motion. Okay. Okay. Roll call. Roll call vote. Okay.
Commissioner Killian. Yes. Vice chair Krelling. Yes. Commissioner Case. Yes. Commissioner Newsom. Yes.
Consent calendar is approved. Motion carries 4-0. Okay, now we're going to open it up for
more public comment. Okay, public communications now. So now we're going to open it up for public
communications. Already the public communications, right? Yeah, these are for comments from the
public on items that are not on the agenda tonight so anything not on the
agenda so you're still on the agenda so are there any comments for items not on
the agenda I see nobody else here so is seeing that there's nothing on zoom okay
so we're gonna move on to the public hearing and that would be left to item D
which is 2670 and 2680 Walnut boulevard subdivision the staff have a
presentation there is no presentation there's no presentation okay so so then
we then any any comments here should we just go on to public comment all right
so let's move on to public comments so come on up please introduce yourself my
My name's Janet Miller, I live on 55 Jerome Court
right next to the development,
and I've spoke to you before about this.
We obviously, we didn't want it to happen,
the data got approved, it is what it is,
but I wanted to use this time to let you know
what's going on now that it has been approved
and how it's affecting the neighbors.
So when I walk by other construction sites,
they have these nice fences, tarps down for the dirt,
signs saying construction will only happen
Monday through Friday during this times.
and I look in my backyard, there's nothing.
There's trucks coming on Sunday.
It's frustrating.
When the city council looked at it, we appealed it.
City council looked and told the developers,
you should contact the neighbors,
let them know what's going on, nothing.
We contacted them and they said, oh yeah, yeah,
we'll set up a time.
We offered to get a room at the library, again, nothing.
My own personal concern is I have two big valley
oaks that are over 100 years old,
and I'm just concerned about their well-being.
They came over in October and just started cutting the trees.
They were in the canopy, which they're not allowed to.
They were supposed to give me three days' notice.
We stopped them.
They apologized and said, we will have an arborist come.
We will contact you.
We will make sure the trees are cut correctly.
I said, thank you.
Nothing.
So I called six months later.
I never said that.
Again, this is Haven development.
So another few months go by.
Sure enough, they're in my backyard.
A guy standing on my property, no one told me.
There's no arborist there.
So now I'm concerned.
I have these trees.
Not only are they supposed to be protected,
but just for my own well-being.
I don't want them falling on my house.
This is supposed to be my forever house.
I want to have this.
I love my neighborhood.
I love Walnut Creek.
I plan to stay there, but now I'm concerned.
What were some other things?
That.
And then, so I know this is supposed to be a simple,
okay, renew the permits, we already approved it,
let's renew it.
But I would like just them to be held accountable.
I don't know if they're walking away
with their pockets lined with money.
We're walking away with my house,
I think is depreciated in value.
Now I'm concerned about the trees.
Can you find them for that?
I know, common courtesy, they obviously don't have it.
But I'd like just to know that you have your residence back.
What do I do when they're not following these permits or these guidelines or things like
that?
I just wanted to let you know.
Thank you for your time.
Do you need this?
Thank you.
I mean, I think any comments, group?
Yeah.
Do either of you have any?
You know, and I'll ask the secretary to opine on this.
I've watched enough City Council meetings where generally
when there's this type of feedback, Council will,
typically in a Council meeting there's a lot
of department heads here and then Council would ask
that the person who spoke with the issues go out in the lobby
and meet with the department head.
Is there any way we as a commission can request Mr.
Secretary that this feedback make its way to city staff so that at least we can all be assured that
the developer is playing by whatever, you know, rules and conditions are set up by the city for
the project? Yes, and we have been monitoring that situation, but before we move on you might
might want to ask the applicant who is on zoom if they want to if they have any any
response to that to the public's comments and they would have they would have two minutes
hello applicant do you have any comment in response to what member of public had said
I see a hand raised yeah why don't you go ahead and speak all right thank you commission
This is Prem Dutte with Haven Development.
Can you guys hear me?
Yes.
Yes.
Perfect.
I wanted to kind of address a couple of things here.
One of the things I'd like to address is Miss Miller
is correct.
We had a situation where one of our wrists
was trimming the trees that were hanging over
to our side of the property.
And we failed to notify Mrs. Miller of that work
being conducted.
And that was brought to my attention
by staff planner Simra Gill.
we completely understand Ms. Miller's concerns regarding that and we will make sure that we are
we are prompt in discussing that situation or any any work that needs to occur on those oak trees
going forward. I'd like to remind staff that or sorry the panel that the trees that are on Ms.
Miller's property we rearrange the project, lost one entire unit in order to maintain those two
oak trees and are very very mindful of pulling the homes that are on that side of the boundary
away from the project PL. So you know this painting a picture of where leaving the project
lined with gold in our pockets is not necessarily fair. This product has been three years in the
making. We have gone from a very good market down to a questionable market and lost two to
three million dollars in value and or if there's any profit left in the project. Staff has been
been working with us diligently to get to a site development permit. We have vertical
permits that are ready to be issued and this is an extension of the approvals that occurred
under the CSP330 application that we're requesting so that we can get to the finish line on the
project. I'm not aware of any project work occurring on weekends whatsoever. We currently
have two permits. One is to remove the trees, which has taken place. The other is to demo
of the homes themselves that takes place during the week.
We understand there is some drying out
of the dirt on the site.
However, we don't have a permit to be on site
on an active base just in order to water that site
as we normally would if we had a site to vote for it.
Again, this is no issue of staffs or the developer.
I think we're working through some agency permits
on an outfall, two of which have been approved.
The third is in progress.
And so, again, Haven is a homegrown family-owned project,
the company that has made every consideration they can
for our neighbors.
And ultimately, the value of the surrounding properties
is guaranteed to go up.
There's no situation in which our project
is going to bring that value down,
and we are bringing two affordable units to Walnut Creek.
Thank you.
Thanks for that.
I mean, does anybody have any comments or questions?
Yours really is yours.
Go ahead.
Through the chair, you might want to close the public comment
period.
So that'll close the public comment period.
Apologies to learn this job.
You're doing great.
So I do want to acknowledge that the developer was one
of the Housing and Accountability Act developers
that was that worked and compromised with the commission and and I'm
appreciative of that. I think if there's anything that could help what I'm
hearing is potentially there's a communications gap and I don't know if
either the developer or city staff could maybe help facilitate some better
communications between this resident adjacent to the project and the
developer so that I think if they're able to because I think I heard from the
resident this evening that she felt she wasn't getting much communication so I
think that's probably the root of the issue and if there's anything we can do
to help the communications that would probably go a long way. Thank you.
anything else okay does anybody want to make I mean ship do you have any any
comment in response to that no nothing okay so does anybody want to make a
motion I'll make a motion that we approve item 4d for the staff report any
second okay all in favor or hang on roll call sorry
Commissioner case yeah mr. Killian yes vice chair curling yes chair Newsome
yes for a motion carries okay moving moving right along commission
consideration this portion of the agenda is for items that are not required to be
the public's notice but where a formal staff presentation question and answer period, public
input or discussion among commissions is helpful. Any such commission considerations?
Chip, do you have anything?
Staff has none.
Anybody else? Okay. So, commission members, staff reports
or announcements? Do we have any? Any announcements?
No.
No?
No, sir.
All right, so then we adjourn.