HomeMy WebLinkAboutPC 07-28-2026 Youtube and Zoom TranscriptWEBVTT
1
00:00:04.340 --> 00:00:10.180
Community Hall: Welcome to the Planning Commission Meeting for July 28th, 2026. Please
rise for the Pledge of Allegiance.
2
00:00:29.140 --> 00:00:31.690
Community Hall: City Crook, may you please have the roll call?
3
00:00:31.860 --> 00:00:40.680
Community Hall: Commissioner Fung? Present. Commissioner Linskogg? Present.
Commissioner Rao? Here. Vice Chair Scharf? Present. Chair Casolchron? Present.
4
00:00:42.880 --> 00:00:51.429
Community Hall: Great, thank you. So we will now move on to the approval of minutes. May
we please have a motion to approve the July 14th? So moved. Second.
5
00:00:51.580 --> 00:00:55.560
Community Hall: And I will just comment, thank you to City Clerk for taking such detailed
notes in the minutes.
6
00:00:56.080 --> 00:00:57.990
Community Hall: Let's move to a vote.
7
00:01:05.890 --> 00:01:07.930
Community Hall: The motion carries unanimously.
8
00:01:08.270 --> 00:01:12.730
Community Hall: Great, so we will move on to oral communications. City Clerk, do we have
anyone wishing to speak?
9
00:01:16.660 --> 00:01:18.450
Community Hall: We have no speakers, Chair.
10
00:01:19.110 --> 00:01:33.869
Community Hall: Great, so we will move on then to the public hearing. Tonight on Agenda
Item 2, it is the Municipal Code Amendment to Chapter 19.08 to revise definitions of attics
and garages and establish a new definition of square footage. Do we have a staff report?
11
00:01:33.900 --> 00:01:48.749
Community Hall: Yes, good evening, Planning Commission, thank you very much. I would
actually like to introduce tonight maybe a familiar face, Special Counsel to the City, John
Cardenas, and he will be making the presentation tonight. So, with that, I will hand it over to
him.
12
00:01:56.220 --> 00:01:57.669
Community Hall: Thank you.
13
00:01:58.080 --> 00:02:04.119
Community Hall: You all can hear me. Good evening, Commissioners. I'm here tonight to
address, three…
14
00:02:04.470 --> 00:02:12.320
Community Hall: Code definition amendments, that have been under discussion, and, we
would like to
15
00:02:12.750 --> 00:02:16.670
Community Hall: Have you all consider for approval,
16
00:02:17.540 --> 00:02:31.840
Community Hall: These, definition revisions have, I would say, evolved based upon our
evaluation of recent projects, housing projects under state law.
17
00:02:31.840 --> 00:02:43.980
Community Hall: California state law, especially the streamlined review of mixed-use
developments, highlighted a mismatch between our local municipal code and state
standards.
18
00:02:44.100 --> 00:02:51.230
Community Hall: So whereas state standards focus on a definition of square footage.
19
00:02:51.400 --> 00:03:00.489
Community Hall: Historically, the city in evaluating these projects has relied upon our, local
ordinance definition of floor area.
20
00:03:00.620 --> 00:03:07.289
Community Hall: And that's because the municipal code lacked a definition of square
footage.
21
00:03:07.480 --> 00:03:22.109
Community Hall: That was an adequate substitute for a while, but as… as we're seeing,
ongoing… this ongoing, gap or mismatch, creates potential disputed interpretations.
22
00:03:22.140 --> 00:03:31.610
Community Hall: That we would like to head off in the future, especially around
consideration of streamlined applications.
23
00:03:31.950 --> 00:03:50.740
Community Hall: So, in terms of state law, what I'm referring to is SB35 compliance, which
requires that the city verify that at least two-thirds of a project that qualifies under SB35
square footage is designated for residential use.
24
00:03:51.140 --> 00:04:08.139
Community Hall: And what we've seen is that the floor area definition in the municipal code
really applies and is most appropriate to parcel-level floor area ratios and general plan
development allocations. So,
25
00:04:09.170 --> 00:04:24.020
Community Hall: Initially, we considered looking at a revision to floor area, but the
consequences within the local ordinance, it would be impacting other areas of the zoning
frameworks.
26
00:04:24.020 --> 00:04:32.199
Community Hall: So, instead, what we did was focus on creating a standalone definition of
square footage in the municipal code.
27
00:04:32.320 --> 00:04:51.859
Community Hall: A definition that's aligned with state housing laws, consistent with the
building code, and introduces some clarifications that we think are important to ensure
proportional allocation of residential and office space.
28
00:04:51.920 --> 00:04:54.340
Community Hall: Also, importantly,
29
00:04:54.440 --> 00:05:06.180
Community Hall: The introduction of these new definitions is completely forward-looking,
so it doesn't have any retroactive effect to existing or past projects.
30
00:05:07.680 --> 00:05:14.060
Community Hall: Along with, the new definition of, square footage.
31
00:05:14.240 --> 00:05:30.170
Community Hall: We're interest… we're revising definition… two definitions, one for garage
and one for attic, again, to provide clarification, around the… the calculation methodology.
32
00:05:30.880 --> 00:05:37.090
Community Hall: Previously, just as a note, the definition of garage was
33
00:05:37.200 --> 00:05:51.919
Community Hall: described at a general level, and, was vague enough that, in looking at
larger housing projects, it would pull in structured residential parking. So, one effort in,
34
00:05:51.920 --> 00:05:57.870
Community Hall: Providing a revised definition is to clarify that garage, residential.
35
00:05:57.920 --> 00:06:11.440
Community Hall: only applies to single-level or detached structures serving smaller-scale
residential units. And specifically, it excludes large parking structures with drive aisles and
maneuvering areas.
36
00:06:12.690 --> 00:06:29.110
Community Hall: And then lastly, we've provided a revised definition for attic, and again,
with clarification in mind, previously, the definition of attic, was stated at a pretty general
level, an unconditioned
37
00:06:29.260 --> 00:06:32.490
Community Hall: Uninhabitable area between the ceiling and roof.
38
00:06:32.630 --> 00:06:35.959
Community Hall: What we're doing with this definition is introducing
39
00:06:36.440 --> 00:06:52.329
Community Hall: some objective descriptions to… to be able to clarify attic from, floor
area, and ensuring that there's a clear distinction between the two. So, adding, additional
descriptions for unfinished…
40
00:06:52.530 --> 00:06:58.119
Community Hall: Space, lack of permanent stairs, and no operable windows.
41
00:06:58.240 --> 00:07:09.199
Community Hall: So this, we expect, will provide greater certainty, and more efficiency for
the planners in, determining attic space.
42
00:07:10.570 --> 00:07:16.449
Community Hall: This isn't a project under CEQA, so, CEQA analysis doesn't apply.
43
00:07:16.540 --> 00:07:27.299
Community Hall: And then just quickly to summarize, the purpose of these definitions is to
provide alignment with our local ordinances, under state law.
44
00:07:27.360 --> 00:07:45.759
Community Hall: We see it as protecting the city to remove ambiguities that could lead to
disputes and even possibly litigation, and to streamline the process for planning to be able
to evaluate complex, multi-family, multi-use projects more efficiently.
45
00:07:47.950 --> 00:07:56.649
Community Hall: So, the recommended action is to adopt the resolution, and that's in your
package before you.
46
00:07:58.110 --> 00:08:01.019
Community Hall: That's it, open to any questions. Thank you.
47
00:08:01.360 --> 00:08:06.010
Community Hall: Great, thank you very much, and we'll bring it back to the Commission for
any clarifying questions. Commissioner Rao?
48
00:08:06.200 --> 00:08:12.520
Community Hall: Yes, thank you, Chair. I'm curious about how this item comes on our
agenda today.
49
00:08:12.920 --> 00:08:15.589
Community Hall: Was this part of the CWP, or…
50
00:08:15.970 --> 00:08:20.709
Community Hall: Was this directed to us by Council or the mayor? How did this item…
51
00:08:21.070 --> 00:08:24.509
Community Hall: Show up today versus the sign ordinance, for example.
52
00:08:26.850 --> 00:08:30.960
Community Hall: So, and… Piu may…
53
00:08:31.140 --> 00:08:50.310
Community Hall: please, planning colleagues, feel free to add, but in terms of how this has
come, I really see it as a bit of cleanup, in terms of looking at where the city has been in
evaluating housing projects, and ensuring… I mean, I think…
54
00:08:50.590 --> 00:09:00.180
Community Hall: Our, our code definitions are constantly evolving, but at this point in time,
ensuring that consistency under state law.
55
00:09:00.310 --> 00:09:10.789
Community Hall: And again, I would point out that, even though it has evolved from our
prior evaluation of housing projects.
56
00:09:10.900 --> 00:09:21.120
Community Hall: application is only forward-looking, so it doesn't have any look-back or
reach-back effect on earlier housing. Thank you, yeah, that's certainly,
57
00:09:21.480 --> 00:09:26.249
Community Hall: a much-needed task to, I guess, continue to look at.
58
00:09:26.450 --> 00:09:30.539
Community Hall: ways to bring code hygiene, I guess, as we call it in the tech industry.
59
00:09:30.660 --> 00:09:33.090
Community Hall: Code hygiene, in this sense, being to the Mooney Code.
60
00:09:33.310 --> 00:09:38.280
Community Hall: But I am curious, was this part of the CWP, or…
61
00:09:38.590 --> 00:09:42.620
Community Hall: What directs this item to be at the top of…
62
00:09:42.940 --> 00:09:47.250
Community Hall: the priority for staff, because I know we've been waiting on ODS,
63
00:09:47.500 --> 00:09:50.319
Community Hall: We've been waiting on other things in CWP.
64
00:09:50.580 --> 00:09:53.619
Community Hall: So just curious how this item comes to the top.
65
00:09:53.850 --> 00:10:00.559
Community Hall: of priorities. So, if I may chime in, I think this is a question period for the
presentation.
66
00:10:00.800 --> 00:10:12.879
Community Hall: I think, John is explaining it came because there needs to be cleanup of
the code, just to make it more accurate and consistent with state law. I hope that answers
your question.
67
00:10:14.940 --> 00:10:18.560
Community Hall: I see. So…
68
00:10:18.840 --> 00:10:22.659
Community Hall: Maybe this is a question for the chair, then. Am I allowed to ask questions
for the chair?
69
00:10:23.810 --> 00:10:25.319
Community Hall: Or is this only for staff?
70
00:10:28.190 --> 00:10:34.010
Community Hall: Chair, I wonder whether we should take a break and we can answer and
address Commissioner Rao's,
71
00:10:34.400 --> 00:10:50.789
Community Hall: questions about why this is on today's agenda, is what I understand the
questions to be? I do not need a break for that. If we need a break, then we can keep going.
Well, I want to respect the public's time and understanding what's been agendized for
discussion here tonight, Commissioner Rao. I think the
72
00:10:50.940 --> 00:11:00.980
Community Hall: The context for the question is we have had previous discussions, During
the housing element cycle.
73
00:11:01.180 --> 00:11:03.290
Community Hall: To increase the flow-rated ratio.
74
00:11:04.130 --> 00:11:07.550
Community Hall: And that discussion received a lot of resident feedback.
75
00:11:07.850 --> 00:11:10.280
Community Hall: Do not increase the flow radiant ratio.
76
00:11:10.930 --> 00:11:13.679
Community Hall: And I'm trying to understand, is this…
77
00:11:14.620 --> 00:11:17.330
Community Hall: Is this strictly a state law update? Are we…
78
00:11:17.720 --> 00:11:22.080
Community Hall: Are we required to keep up with these state law changes, or how are we
treating
79
00:11:22.270 --> 00:11:25.220
Community Hall: The discrepancy between state law and our local code.
80
00:11:25.380 --> 00:11:27.450
Community Hall: Absent this change currently.
81
00:11:29.960 --> 00:11:36.219
Community Hall: This item is to ensure that our local code is consistent with state law.
82
00:11:38.640 --> 00:11:44.330
Community Hall: Understood. The question, I guess, is for projects under review currently,
absent this change.
83
00:11:44.800 --> 00:11:46.770
Community Hall: How do we apply the…
84
00:11:47.300 --> 00:11:55.609
Community Hall: difference. I have always assumed. If the state law states differently than
local code, state law applies. Is that accurate?
85
00:11:56.980 --> 00:12:05.070
Community Hall: I… that's not agendized for this discussion right now, Commissioner Rao,
but,
86
00:12:05.260 --> 00:12:13.270
Community Hall: We always seek to conform and comply with both state law and our local
laws. And hopefully.
87
00:12:13.390 --> 00:12:14.860
Community Hall: They are consistent.
88
00:12:16.700 --> 00:12:20.800
Community Hall: Okay, that's, I guess,
89
00:12:20.950 --> 00:12:27.280
Community Hall: a question to staff, but I guess CAO would like to answer on behalf of
staff. I guess this is a question of how we interpret
90
00:12:27.480 --> 00:12:33.159
Community Hall: conflicting… Sections of overlapping code between local code and state
law.
91
00:12:33.500 --> 00:12:34.930
Community Hall: You might… sorry.
92
00:12:36.090 --> 00:12:37.070
Community Hall: Go ahead, go ahead.
93
00:12:37.180 --> 00:12:44.850
Community Hall: I was going to make one comment in terms of the focus of
94
00:12:44.980 --> 00:12:55.920
Community Hall: these revisions might be a little more discrete than the question that
you're answering, and I, I think that as…
95
00:12:56.680 --> 00:13:10.149
Community Hall: Attorney Wu has stated, The effort is to bring these definitions, into…
Alignment with state law?
96
00:13:10.270 --> 00:13:24.279
Community Hall: That's not to say that in the future there might be other definitions as well
that need to be brought in alignment, and so I think maybe this might be a more discrete
focus, and, you know, as additional items…
97
00:13:24.940 --> 00:13:31.799
Community Hall: get put out there. It's likely that we'll be looking at other areas where
98
00:13:31.960 --> 00:13:38.060
Community Hall: State law requires local ordinance definitions to… to be…
99
00:13:38.170 --> 00:13:48.269
Community Hall: considered. So is it fair, then, to say the only changes in front of us today
are state law-driven, and there is no additional changes that have come in?
100
00:13:48.450 --> 00:13:53.270
Community Hall: Due to… A desire to add further changes beyond the state law?
101
00:13:54.560 --> 00:14:05.299
Community Hall: it's… my… yeah, that was my intent, to just bring it in conformity with state
law, that's correct. And should commissioners find any clauses
102
00:14:05.480 --> 00:14:09.119
Community Hall: That were not required by state law, but were proposed changes today.
103
00:14:09.390 --> 00:14:11.430
Community Hall: How should we deal with those?
104
00:14:17.840 --> 00:14:18.990
Community Hall: Mr. Wu?
105
00:14:19.640 --> 00:14:20.540
Community Hall: Phew.
106
00:14:21.580 --> 00:14:25.049
Community Hall: Yeah, I'm not sure if I understand the question. Commissioner, can you
repeat the question, please?
107
00:14:25.450 --> 00:14:27.480
Community Hall: Yeah, so the question was if…
108
00:14:27.870 --> 00:14:31.460
Community Hall: The purpose of the agenda is to bring us in compliance with state law.
109
00:14:31.700 --> 00:14:37.940
Community Hall: But we find during today's deliberations, there are changes not required
by state law, but that are in the
110
00:14:38.080 --> 00:14:40.229
Community Hall: Change packet before us today.
111
00:14:40.360 --> 00:14:42.590
Community Hall: How should we approach those changes?
112
00:14:43.680 --> 00:14:46.500
Community Hall: I believe.
113
00:14:47.510 --> 00:14:51.200
Community Hall: Legal interpretation and legal recommendations.
114
00:14:51.660 --> 00:14:59.240
Community Hall: within the purview of Mr. Cardenas, who's an attorney, and who's
reviewed state law, and reviewed local law.
115
00:14:59.340 --> 00:15:03.090
Community Hall: And has, made recommendations to align them.
116
00:15:04.050 --> 00:15:07.449
Community Hall: If you have a separate legal opinion.
117
00:15:08.350 --> 00:15:09.880
Community Hall: We are open to hearing it.
118
00:15:10.810 --> 00:15:19.220
Community Hall: All right, why don't we, let's, open this up to other commissioners as well
to ask questions, and Commissioner Rao, we can circle back to you. Thank you. Any other
questions. Vice Chair.
119
00:15:19.510 --> 00:15:22.540
Community Hall: Sure, so I have 5 questions,
120
00:15:22.890 --> 00:15:28.249
Community Hall: So, if a garage is excluded from square footage.
121
00:15:28.820 --> 00:15:32.059
Community Hall: What happens when the garage is turned into an ADU?
122
00:15:35.830 --> 00:15:36.590
Community Hall: Hmm?
123
00:15:37.870 --> 00:15:53.339
Community Hall: I can try to answer that. So, a garage is not excluded from square footage.
Garage is included in square footage. Square footage, basically, is only for the state
streamlined projects. That definition only applies to state streamlined projects.
124
00:15:53.340 --> 00:15:57.959
Community Hall: The definition of floor area already includes garage in it.
125
00:15:58.140 --> 00:16:09.059
Community Hall: So it doesn't change anything. So, for example, if you were to build a
house, and you had a two-car garage, and down the road you decided to convert it to an
ADU, it doesn't make any difference to the floor area of that home.
126
00:16:09.160 --> 00:16:09.980
Community Hall: Okay.
127
00:16:10.300 --> 00:16:14.840
Community Hall: Does a finished basement not count as square footage?
128
00:16:15.470 --> 00:16:16.200
Community Hall: No.
129
00:16:16.600 --> 00:16:26.570
Community Hall: But that's only for state streamlined review. I mean, for the city's review, if
a basement is… it has to meet certain criteria in order for it to not
130
00:16:26.930 --> 00:16:39.160
Community Hall: be counted as floor area. So… so the square footage definition, just park
it for purposes of mixed-use development, larger residential development, and office
development, but that's… that's…
131
00:16:39.540 --> 00:16:43.560
Community Hall: Something different from what floor area is for our local purposes.
132
00:16:45.190 --> 00:16:50.879
Community Hall: Okay, and does state law require no permanent stairs to an attic?
133
00:16:51.790 --> 00:16:56.870
Community Hall: And I can see attics being used as storage areas, and… somebody having
134
00:16:57.170 --> 00:17:02.590
Community Hall: you know, a wooden stairway up there that is always there. It's not one of
those pull-down.
135
00:17:02.870 --> 00:17:06.040
Community Hall: Stairways that comes out of an opening.
136
00:17:06.250 --> 00:17:09.450
Community Hall: So does state law require no permanent stairs?
137
00:17:11.849 --> 00:17:18.859
Community Hall: I, I, I would say, the no permanent stair, addition is part of…
138
00:17:19.589 --> 00:17:32.180
Community Hall: A set of objective descriptions that, are consistent with state law, and
that was our aim to bring those two into alignment as best as possible.
139
00:17:34.660 --> 00:17:40.309
Community Hall: Okay, I'm not sure that really answered the question, heh, was that a no?
140
00:17:43.150 --> 00:17:52.990
Community Hall: Was that a no state law? It doesn't require no permanent stairs as well.
The state law requires objective standards, and to the extent that
141
00:17:53.530 --> 00:17:56.669
Community Hall: That articulates an objective standard.
142
00:17:57.340 --> 00:18:01.159
Community Hall: So that was something that we came up with in the city, not…
143
00:18:01.850 --> 00:18:11.190
Community Hall: It's not… That's right, the city, provided that. Yeah, I mean, I can see the
no operable windows, and what was the third thing?
144
00:18:12.320 --> 00:18:16.370
Community Hall: Yeah, I don't remember. Unfinished, right, unfinished, but…
145
00:18:16.910 --> 00:18:20.809
Community Hall: you know, I could see someone saying, hey, you know.
146
00:18:21.090 --> 00:18:27.020
Community Hall: I want… that's my storage area, I want… I want to have those stairs there.
147
00:18:27.760 --> 00:18:33.710
Community Hall: So, what was the last question? Oh, so what… in multifamily projects.
148
00:18:34.710 --> 00:18:38.980
Community Hall: I seem to get out of the discussion that common spaces
149
00:18:39.100 --> 00:18:46.909
Community Hall: Are counted as square footage, and they're apportioned somehow among
the housing units?
150
00:18:47.410 --> 00:18:59.549
Community Hall: No, it's apportioned by, type of use. So, if you have a lobby that's shared
between residential and, I don't know, commercial building, commercial space, then that
lobby is apportioned
151
00:18:59.690 --> 00:19:11.410
Community Hall: as a percentage of the whole project. To get to the SB35? Correct. For
purposes of streamline… for determining any ratios for streamlined ratios. Okay, that's my
questions, thank you.
152
00:19:12.600 --> 00:19:14.639
Community Hall: Any other clarifying questions?
153
00:19:15.370 --> 00:19:17.420
Community Hall: Go ahead. Commissioner Kong.
154
00:19:18.340 --> 00:19:26.329
Community Hall: Commissioner Sharp actually, addressed the only question that I had,
which was around that term of permanent stairs.
155
00:19:26.950 --> 00:19:30.959
Community Hall: Is… when… when I… if I had a set of pull-down stairs, is that permanent?
156
00:19:31.220 --> 00:19:34.360
Community Hall: In the view of this? No. Okay, thank you.
157
00:19:35.630 --> 00:19:38.799
Community Hall: Yeah, I had a few clarifying questions, around the attic.
158
00:19:39.010 --> 00:19:46.880
Community Hall: What instances are we trying to prevent on this one? Are there people
trying to count addicts in their floor area?
159
00:19:47.980 --> 00:19:57.410
Community Hall: They're trying to exclude it from floor area, and then finishing it, and using
it, just by sticking a couch up there, or, you know, sticking a vent up there, and things like
that.
160
00:19:57.580 --> 00:20:07.800
Community Hall: Is that easy to enforce, though, afterwards? So, I mean, you know, they
could make these changes afterwards. So this is… this is something that we codify, but…
161
00:20:08.110 --> 00:20:10.200
Community Hall: Is anyone following up to check?
162
00:20:11.940 --> 00:20:29.990
Community Hall: again, code enforcement is reactive, and we have had complaints from
people where, you know, now there are windows up in the attic, and we've actually had to
deal with that in the past, where people have put in permanent stairs, and it's become a
family room all of a sudden. Okay, got it, thank you. And what is the definition of
unfinished? Because I know people that
163
00:20:29.990 --> 00:20:35.199
Community Hall: You know, want to put in just basic flooring in their attic so they can store
things more easily.
164
00:20:35.490 --> 00:20:36.730
Community Hall: But they're not living there.
165
00:20:36.910 --> 00:20:53.440
Community Hall: I guess plywood would count as unfinished, but if you're putting down tile
and, you know, engineered wood and things like that, that would count as finished, with
drywall, etc. Okay, thank you. Yeah, I think plywood is the one that I'm hearing, so it's good
to know that doesn't count as a finish.
166
00:20:53.440 --> 00:20:58.310
Community Hall: On the split between residential and commercial.
167
00:20:58.560 --> 00:21:07.469
Community Hall: on the square footage. I think that one got me a little bit, because it
seems a little bit discretionary. Are we… we're planning
168
00:21:08.230 --> 00:21:14.680
Community Hall: A proportionate allocation on On areas accessible to both.
169
00:21:15.460 --> 00:21:16.680
Community Hall: But…
170
00:21:19.070 --> 00:21:32.709
Community Hall: Are there ever any instances where an allocation would not be
proportionate? You're just saying, based on square footage of office space? It's based on
access. I mean, if something's only accessible to a non-residential use, it would be non-
residential. Okay.
171
00:21:33.490 --> 00:21:39.729
Community Hall: Got it, thank you. And I think my final question on this are, you know.
172
00:21:39.960 --> 00:21:52.639
Community Hall: so I did see the link in the staff report going to one project, but are we
expecting any other future projects that are going to try to utilize this, or we're just kind of
trying to prevent unknown future instances?
173
00:21:54.560 --> 00:21:58.750
Community Hall: I, I, I'm not aware of… Yeah, we're not aware of any at this point.
174
00:21:59.160 --> 00:22:03.339
Community Hall: Okay. Thank you. Those are my questions. Commissioner Rao?
175
00:22:03.690 --> 00:22:08.569
Community Hall: Yes, so would these changes apply for R1 as well as R2 and R3?
176
00:22:09.780 --> 00:22:11.270
Community Hall: They already apply.
177
00:22:11.390 --> 00:22:17.039
Community Hall: to these, nothing's changing for R1, R2, or R3.
178
00:22:18.340 --> 00:22:31.819
Community Hall: Today, residential garages are already counted towards floor area, so
nothing's changing there, and attic spaces are also still tenuously, but still excluded only if
they meet certain criteria.
179
00:22:32.590 --> 00:22:36.349
Community Hall: And is any of that going to change as a result of this change? No.
180
00:22:41.030 --> 00:22:43.210
Community Hall: So, I'm trying to understand that, so…
181
00:22:45.480 --> 00:22:48.509
Community Hall: If nothing changes, what is the purpose of this change?
182
00:22:49.470 --> 00:22:56.620
Community Hall: It's for purposes of floor area, the definition of,
183
00:22:57.900 --> 00:23:05.610
Community Hall: square footage includes attics in there. It's in the definition of square
footage.
184
00:23:05.740 --> 00:23:10.100
Community Hall: And also, when you, include
185
00:23:11.570 --> 00:23:20.070
Community Hall: The clarification related to residential garage is purely a clarification, so
that we treat any kind of structured parking the same.
186
00:23:20.070 --> 00:23:32.060
Community Hall: The staff report actually identifies why structured parking was always
intended to not be included in floor area, because we have a concept of development
allocation in the city, which is allocated as floor area.
187
00:23:32.080 --> 00:23:40.779
Community Hall: And so, that was the… that's the purpose of clarifying that definition, to
make sure that the original intent remains. So nothing changes for anyone.
188
00:23:42.200 --> 00:23:43.899
Community Hall: And how about with the attic?
189
00:23:48.270 --> 00:23:56.660
Community Hall: It's the same, because the attic mind… the… when you look at the
definition of square footage, it includes all areas that are beneath the… beneath the
190
00:23:56.780 --> 00:23:57.830
Community Hall: roof.
191
00:23:57.930 --> 00:23:59.450
Community Hall: of a structure.
192
00:24:00.400 --> 00:24:07.950
Community Hall: And so, anytime that you have that, and you have those criteria met, then
that gets added into square footage as well.
193
00:24:08.880 --> 00:24:12.960
Community Hall: So, after this change is the attic square footage.
194
00:24:13.170 --> 00:24:14.929
Community Hall: Excluded or included?
195
00:24:15.160 --> 00:24:18.000
Community Hall: Continues to be excluded for floor area purposes.
196
00:24:19.340 --> 00:24:22.020
Community Hall: And before this change, also, it was excluded.
197
00:24:23.060 --> 00:24:27.879
Community Hall: Correct. And that is true for R1, as well as R2 and R3? Yes.
198
00:24:29.100 --> 00:24:31.210
Community Hall: And these changes apply to all three, then?
199
00:24:32.110 --> 00:24:35.700
Community Hall: It applies to everything where the word floor area comes into play.
200
00:24:40.470 --> 00:24:45.819
Community Hall: Okay. I'm just still confused about why we're making this change. Maybe
some other commissioner might…
201
00:24:46.040 --> 00:24:48.209
Community Hall: Be able to explain what is the…
202
00:24:48.610 --> 00:25:04.130
Community Hall: significance of this agenda item before us today. Well, I mean, from my
standpoint, I think if we didn't have a clear definition of square footage in our municipal
code, I actually do think it's important that we define it and we not rely on floor area Russia,
which is a pretty different way of calculating
203
00:25:04.210 --> 00:25:18.959
Community Hall: areas for these different types of, you know, spaces. So, I think it's fine
that we're discussing this. Thank you, Chair. So, maybe another follow-on clarifying
question. Are there places where staff use flow-radia ratio today?
204
00:25:19.090 --> 00:25:23.089
Community Hall: Where they would start to use square footage instead after this change.
205
00:25:24.700 --> 00:25:31.379
Community Hall: only for states' streamlined projects, not for R1, R2, R3 review.
206
00:25:31.820 --> 00:25:36.129
Community Hall: And what is the definition of state streamlined projects? Is that SP330,
or…
207
00:25:36.680 --> 00:25:42.219
Community Hall: The example we were talking about was SB35. If I can… maybe I can help.
208
00:25:43.020 --> 00:25:49.570
Community Hall: Sorry, I still had to follow on to your question. SP35, is that an exhaustive
situation, or is there more?
209
00:25:49.930 --> 00:25:54.069
Community Hall: Scenarios beyond SP35, where this would apply.
210
00:25:54.180 --> 00:26:08.660
Community Hall: So, Housing Accountability Act also defines any project, as residential if it
has at least two-thirds of the project be attributable to residential uses. So, it could apply
to any Housing Accountability Act.
211
00:26:08.910 --> 00:26:22.960
Community Hall: Project, but to the extent that that definition is identified… to the extent
that language is used in the statute as square footage, then we have something that we can
apply to it, because there's nothing clear there.
212
00:26:24.820 --> 00:26:26.930
Community Hall: Maybe to dump this down for…
213
00:26:27.400 --> 00:26:32.199
Community Hall: Someone that may not be able to follow all that's happening here,
including me, perhaps.
214
00:26:32.580 --> 00:26:40.840
Community Hall: After this change, do builders get additional square footage that they can
seek approval for and get approved that they could not without this change?
215
00:26:41.040 --> 00:26:41.820
Community Hall: Nope.
216
00:26:43.490 --> 00:26:48.859
Community Hall: After this change, do builders get approval for attic as a part of their plans
that were…
217
00:26:49.220 --> 00:26:52.220
Community Hall: For whatever reasons not approved before this change.
218
00:26:52.500 --> 00:26:53.190
Community Hall: No.
219
00:26:55.130 --> 00:26:58.870
Community Hall: Okay, thank you. Commissioner Owenskogg, did you have something to…
220
00:26:59.190 --> 00:26:59.900
Community Hall: Okay.
221
00:27:00.860 --> 00:27:02.970
Community Hall: Do we have any other questions from the Commission?
222
00:27:03.320 --> 00:27:05.810
Community Hall: City Clerk, do we have any comments on this item?
223
00:27:06.360 --> 00:27:09.759
Community Hall: We have one virtual speaker, Jennifer Griffin.
224
00:27:14.810 --> 00:27:16.240
Community Hall: Welcome, Jennifer.
225
00:27:16.240 --> 00:27:18.639
Jennifer Griffin: Thank you. Can you all hear me?
226
00:27:19.260 --> 00:27:20.250
Community Hall: Yes, we can hear you.
227
00:27:20.250 --> 00:27:25.119
Jennifer Griffin: Thank you. You know, I… I appreciate…
228
00:27:26.140 --> 00:27:30.209
Jennifer Griffin: that we are having this discussion. I will tell you that
229
00:27:31.000 --> 00:27:37.399
Jennifer Griffin: A lot of the upcoming ministerial housing bills make me extremely nervous.
230
00:27:37.540 --> 00:27:40.129
Jennifer Griffin: And I'm glad that the city
231
00:27:40.780 --> 00:28:00.309
Jennifer Griffin: if it has come up that there are issues in terms of trying to define Florida
area ratio, which I'm familiar with, and what is an attic, what is a basement, etc, etc,
especially if, with SB79, we're going to be… have potentially 8 stories of multifamily
housing.
232
00:28:00.560 --> 00:28:15.100
Jennifer Griffin: And there are many upcoming housing bills that are allowing more ADUs. I
think that we need to make sure that the city, of course, tries to stay in step
233
00:28:15.200 --> 00:28:19.040
Jennifer Griffin: With what the state is expecting for the
234
00:28:19.180 --> 00:28:33.830
Jennifer Griffin: modern vocabulary. I can understand that the public might be confused
about why we're doing this, but I think because there are so many potential housing bills,
the city has to
235
00:28:34.310 --> 00:28:50.819
Jennifer Griffin: took… has to take a future view of what we're going to be doing with this. My
sister-in-law in Portland has an 800-square-foot unfinished basement where they store the
usual exercise equipment and things that are clothes, racks, etc. But…
236
00:28:50.880 --> 00:28:57.159
Jennifer Griffin: I believe in their city, if they finished their basement, they could convert it to
an ADU.
237
00:28:57.270 --> 00:29:01.350
Jennifer Griffin: So, these are the types of things that are
238
00:29:01.930 --> 00:29:07.720
Jennifer Griffin: Coming down the pipeline, and the city needs to stay abreast of
239
00:29:08.360 --> 00:29:27.420
Jennifer Griffin: what is the modern nomenclature? I see the push for ADUs to be something
that someone might want to put them in an attic, unfinished space, the garages, certainly.
We have townhouses in Southern California where someone is converting
240
00:29:27.480 --> 00:29:34.400
Jennifer Griffin: the carport into an ADU, and they did not consult the HOA board.
241
00:29:34.550 --> 00:29:43.730
Jennifer Griffin: And I'm sure this is happening all over the state. So, I appreciate the city
trying to muck through this to come up with a better
242
00:29:44.160 --> 00:29:49.739
Jennifer Griffin: think ahead of the… of this wording.
243
00:29:49.950 --> 00:29:53.249
Jennifer Griffin: I think we need to make sure that
244
00:29:53.720 --> 00:29:58.649
Jennifer Griffin: Any questions that come up about this, that it's fully explained to the
public.
245
00:29:59.140 --> 00:30:03.010
Jennifer Griffin: What we're doing with this, because there are going to be some…
246
00:30:03.310 --> 00:30:22.980
Jennifer Griffin: very, very large projects coming down the line, multi-family housing, and I
really hope we're not going to be converting hallways into ADUs, ADUs where you have to
take a rope ladder, etc. So, thank you. I know it's confusing, but this is what we're up
against. Thank you.
247
00:30:22.980 --> 00:30:26.659
Community Hall: Thank you, Jennifer. I see no remaining requests to speak, Chair.
248
00:30:26.930 --> 00:30:40.349
Community Hall: Thank you, City Clerk. We'll bring it back to the Commission. Do we have
any comments or further questions? Yes, Commissioner Owenscott. Hi there. So, I live on
Farolone Drive in that development there that, and there's
249
00:30:40.530 --> 00:30:45.510
Community Hall: I think the same design is used throughout that neighborhood over and
over again.
250
00:30:45.630 --> 00:30:48.850
Community Hall: And Commissioner Scharf lives in that neighborhood as well.
251
00:30:49.050 --> 00:30:54.900
Community Hall: I accessed my attic from my upstairs bedroom,
252
00:30:55.030 --> 00:31:04.990
Community Hall: It's permanent stairs going up to the upper floor, and then there's a door
in my closet that leads to my attic. There's no other stairs beyond that, right?
253
00:31:05.100 --> 00:31:08.669
Community Hall: Per this definition, that would be counted as square footage.
254
00:31:08.910 --> 00:31:14.450
Community Hall: So… No, it wouldn't, because you're not accessing the attic itself via
permanent stairs.
255
00:31:15.600 --> 00:31:23.770
Community Hall: Okay, so then the definition should be the permanent stairs directly to the
attic. Correct. So that's not in this definition.
256
00:31:23.940 --> 00:31:26.669
Community Hall: You could certainly add that if you wish. Okay.
257
00:31:28.140 --> 00:31:37.649
Community Hall: Yeah, I think that would be good clarification, because otherwise there's
a, you know, couple hundred homes in Cupertino that would suddenly have a thousand
square feet added to their homes.
258
00:31:37.910 --> 00:31:55.359
Community Hall: Sorry, can I clarify? Your stairs don't go to your attic. Where do they go?
They go to the bedroom… to the upstairs. There's a landing, there's two bedrooms, a
bathroom, and then from the master bedroom, there is a closet… in the closet, there's a
door that goes into the attic. Okay, got it, thank you.
259
00:31:55.850 --> 00:32:01.390
Community Hall: Because… Right. It goes into the attic above the first floor.
260
00:32:02.080 --> 00:32:05.090
Community Hall: There's another attic above the second floor. Right.
261
00:32:05.200 --> 00:32:09.320
Community Hall: But that's, like, a good thousand square feet, I think, of attic space there.
262
00:32:10.660 --> 00:32:12.010
Community Hall: Commissioner Ralph?
263
00:32:12.200 --> 00:32:16.359
Community Hall: Yes, question for Attenibu, given the disclosure we just heard.
264
00:32:16.490 --> 00:32:22.849
Community Hall: Should the Commissioner recuse on this item, given the direct impact to
them because of the proposed changes?
265
00:32:26.480 --> 00:32:34.179
Community Hall: I'll defer to the Commissioner to determine whether she has a conflict
such that she believes she needs to recuse herself.
266
00:32:35.820 --> 00:32:36.580
Community Hall: Okay.
267
00:32:40.280 --> 00:32:44.200
Community Hall: Do we have any other comments? Yes, I did have more comments, so…
268
00:32:44.580 --> 00:32:51.419
Community Hall: Is this going to cause an additional square footage for the purpose of
property tax calculations, such that property taxes go up?
269
00:32:51.840 --> 00:32:54.550
Community Hall: Will… will the definition of square footage
270
00:32:56.470 --> 00:33:01.090
Community Hall: Change for the purpose of property taxes after this code is calculated.
271
00:33:01.530 --> 00:33:20.310
Community Hall: After this code is applied. I do not believe… I mean, taking your home as
an example, possibly, I do not believe your project would qualify as something for purposes
of state law. Yeah, I wasn't referring to my home, but I was referring to the new
developments that will follow the passing of this change, whether
272
00:33:20.420 --> 00:33:35.509
Community Hall: the square footage computation would change for the purpose of
property tax calculations? No, because this pretty much follows the definition of what
building code is. Building code has a very, very similar definition. Anything under the roof
273
00:33:36.070 --> 00:33:39.059
Community Hall: Going off to how many levels you have, that's square footage.
274
00:33:39.460 --> 00:33:55.210
Community Hall: Okay, and would you confirm that? We specifically tried to limit the
definition that we crafted to address that state law consistency and make sure, ensure as
best as possible that there wasn't any other
275
00:33:55.460 --> 00:33:59.890
Community Hall: secondary, effects, or… further.
276
00:34:00.890 --> 00:34:05.370
Community Hall: Consequences from the change in definition, from the revision.
277
00:34:05.470 --> 00:34:14.039
Community Hall: But can you assure us that this change will… I mean, I hear as best as
possible, and that makes me nervous. I can't think of any…
278
00:34:15.480 --> 00:34:29.579
Community Hall: potential scenario where this change would have the effect that you're
describing? For example, has staff run this by the county tax assessor's office to
understand if there's any implication of this change for property tax calculations?
279
00:34:33.730 --> 00:34:40.159
Community Hall: I… I… So… I'm gonna defer to the city attorney's office on this. No.
280
00:34:41.489 --> 00:34:45.930
Community Hall: Okay, have we asked the city attorney if that is something they can, or
have verified?
281
00:34:49.280 --> 00:34:53.379
Community Hall: Yeah, we, we can, we can double-check that, if possible.
282
00:34:53.570 --> 00:34:56.389
Community Hall: Well, generally, when we seek to
283
00:34:57.220 --> 00:35:05.210
Community Hall: align local law with state law. We don't look into tax consequences.
284
00:35:09.660 --> 00:35:14.210
Community Hall: So the AIC changes that… Was that stuff?
285
00:35:14.510 --> 00:35:17.790
Community Hall: Additional clarification, or was that part of the state law?
286
00:35:19.150 --> 00:35:20.819
Community Hall: The language around the attic.
287
00:35:22.630 --> 00:35:33.379
Community Hall: It was around state law. I mean, the definition of, like I pointed out, the
definition of square footage includes the word addicts in there, and it excludes it, so we
wanted to have clear objective metrics.
288
00:35:33.690 --> 00:35:40.190
Community Hall: That the city must have in order to be able to make those calculations
without any discrepancy.
289
00:35:43.530 --> 00:35:48.409
Community Hall: So I'm looking at the… The state law language.
290
00:35:48.900 --> 00:35:54.710
Community Hall: And does that contain specifically the attic-related Terminology.
291
00:35:55.290 --> 00:35:56.939
Community Hall: In the state law itself.
292
00:36:00.660 --> 00:36:02.840
Community Hall: I, I, I'm sorry, what are you…
293
00:36:02.980 --> 00:36:07.999
Community Hall: Looking at… Yeah, so I was looking at… Let's see, what is this?
294
00:36:09.060 --> 00:36:13.380
Community Hall: 65913.4A2C3, or 2C2.
295
00:36:14.860 --> 00:36:17.590
Community Hall: Would you have the state law handy that you can project?
296
00:36:18.070 --> 00:36:21.060
Community Hall: I, I don't have it on screen right now, no. Okay.
297
00:36:22.040 --> 00:36:27.600
Community Hall: But, I guess the question is, was the language around the attic Part of the
state.
298
00:36:28.130 --> 00:36:29.630
Community Hall: Love Oviage.
299
00:36:34.010 --> 00:36:38.670
Community Hall: to the extent we discussed this before, I do believe that
300
00:36:38.880 --> 00:36:49.270
Community Hall: the definitions that we revised were revised to be consistent with state
law. The introduction of additional…
301
00:36:49.520 --> 00:36:52.030
Community Hall: objective descriptions.
302
00:36:52.200 --> 00:36:57.300
Community Hall: Was provided by, our… local ordinance.
303
00:36:57.840 --> 00:37:06.049
Community Hall: So, you may not find that language directly in state law, but what I'm
getting at is the consistency part.
304
00:37:07.300 --> 00:37:08.729
Community Hall: and the alignment.
305
00:37:09.190 --> 00:37:16.799
Community Hall: But specifically the… The AIC itself is not language that is in the… In the
state law.
306
00:37:17.110 --> 00:37:21.709
Community Hall: It refers to the… Parking structures, but not the attic.
307
00:37:24.900 --> 00:37:33.500
Community Hall: The attic was an existing local definition that we provided additional
clarification for. Okay.
308
00:37:34.240 --> 00:37:39.540
Community Hall: So technically, the AIC could be excluded, and we would be compliant
with the state law if we passed the rest of it.
309
00:37:40.430 --> 00:37:42.749
Community Hall: You'd be creating an ambiguity.
310
00:37:44.770 --> 00:37:45.710
Community Hall: How so?
311
00:37:46.920 --> 00:37:51.740
Community Hall: I'm sorry, repeat what you just said. If the commissioners today passed
312
00:37:51.970 --> 00:37:56.980
Community Hall: The motion to approve staff recommendation minus the changes about
the attic.
313
00:37:57.510 --> 00:38:02.219
Community Hall: Would that meet the compliance or the confirmance of the state law?
314
00:38:03.690 --> 00:38:18.290
Community Hall: So the objective of providing that definition, and all three definitions, is to
provide greater clarification and to remove ambiguity. So, to the extent you don't move
forward with it, you would leave in place
315
00:38:18.800 --> 00:38:21.809
Community Hall: A gap, in some sense, and ambiguity.
316
00:38:22.860 --> 00:38:28.190
Community Hall: But it's not… Specifically, an ambiguity that the state law creates.
317
00:38:28.310 --> 00:38:44.500
Community Hall: As in, the AIC is not a reference in the state law itself. The risk we're trying
to address is to reduce any further disputes around these definitions, so I guess in some
sense, if you didn't pass it today, you'd leave that risk in place.
318
00:38:44.510 --> 00:38:51.309
Community Hall: we're trying to address that risk. Right, so if the word attic and verbiage
around that is not in the state law, what risk?
319
00:38:51.460 --> 00:38:53.390
Community Hall: Do we believe this introduces?
320
00:38:54.940 --> 00:38:59.810
Community Hall: I'm just trying to understand, is there language specifically related to the
attic?
321
00:38:59.970 --> 00:39:06.469
Community Hall: in the state law clauses that we are looking to get in conformance with.
And my understanding is there isn't.
322
00:39:07.180 --> 00:39:15.289
Community Hall: I would defer to planning staff, because I do see it in the context of
evaluating, and the idea is that with
323
00:39:15.500 --> 00:39:26.050
Community Hall: a more robust definition, maybe the evaluation and the result would be,
more efficient.
324
00:39:28.190 --> 00:39:31.430
Community Hall: I don't know if we're… Okay, I will pause my questions for now.
325
00:39:32.420 --> 00:39:42.620
Community Hall: Well, I just had a clarifying question for staff. So currently, if someone is
remodeling their home, and they have a habitable attic area.
326
00:39:43.020 --> 00:39:47.820
Community Hall: That would usually… staff would be treating that as part of the square
footage, right?
327
00:39:48.540 --> 00:40:08.210
Community Hall: Correct. Okay, so from that standpoint, I'm not sure that very much
changes with this clarification of a definition. It gets a little more specific, but, you know,
the attic is already either being included or excluded from square footage based on how it's
being used. Vice Chair? Yeah, that was kind of my question. If
328
00:40:08.540 --> 00:40:10.460
Community Hall: If you have a finished attic.
329
00:40:13.000 --> 00:40:16.520
Community Hall: And you finish it… it was unfinished, and you finish it.
330
00:40:16.600 --> 00:40:33.109
Community Hall: then it becomes part of the square footage, and it would… it would trigger
a property tax change, I would believe, because now you have more habitable area.
Correct, and you have to meet all building code requirements, planning requirements for
having a second floor, whatever it is, yeah.
331
00:40:33.250 --> 00:40:34.100
Community Hall: Yeah.
332
00:40:34.360 --> 00:40:39.620
Community Hall: I mean, and it should trigger the property tax increase, so…
333
00:40:39.730 --> 00:40:45.330
Community Hall: Yeah, thank you. Yeah, if I could just add, I think once it's finished and
habitable, it's no longer an attic.
334
00:40:46.220 --> 00:40:54.249
Community Hall: I mean, that would be the way to look at it. Then it would be usable living
space in part of your house. So I think that…
335
00:40:54.870 --> 00:41:02.810
Community Hall: the conflict with attic with state law, I don't think there is one. I think the
definition is there because it's more precise about what an addict is.
336
00:41:03.010 --> 00:41:05.700
Community Hall: And what it is not. That's how I would put it.
337
00:41:06.280 --> 00:41:07.270
Community Hall: Okay.
338
00:41:08.890 --> 00:41:25.570
Community Hall: All right. Do we have any other comments? Yeah. Commissioner Fung?
So I have two. My first comment is that, one of the things that left out at me was the thing
about the permanent ladder. That probably could use a little bit of clarification. I think
that's the only area that was ambiguous to me.
339
00:41:25.900 --> 00:41:28.330
Community Hall: Also I,
340
00:41:29.050 --> 00:41:35.789
Community Hall: welcome the verbiage that was added with regard to residential parking. I
know that that was actually an issue in projects in the past.
341
00:41:35.990 --> 00:41:39.599
Community Hall: So, I think, you know, in that respect, you know, I think this is a…
342
00:41:39.880 --> 00:41:46.259
Community Hall: you know, consider changes. It was a little funny to see this particular
item show up as a…
343
00:41:46.610 --> 00:41:51.430
Community Hall: You know, as agenda item at the same time. This is not the first time the
attorney's office has come.
344
00:41:51.600 --> 00:41:57.469
Community Hall: with, you know, proposed verriage. So, you know, I think that it's certainly
appropriate for that to come here.
345
00:41:57.810 --> 00:41:58.630
Community Hall: Thank you.
346
00:41:59.630 --> 00:42:14.130
Community Hall: I have just another question as we move towards a motion. Would it be
terrible, would there be negative repercussions to just removing the stair requirement?
Because the whole purpose of this attic definition is just to make sure that
347
00:42:14.330 --> 00:42:25.160
Community Hall: It's not a habitable area. But to me, whether there are stairs or not stairs
going to an attic does not change whether it's habitable.
348
00:42:28.880 --> 00:42:37.880
Community Hall: That's at the Commission's discretion, but I will say it's much easier to
convert a space when you have permanent stairs up to it. Okay. Thank you.
349
00:42:38.510 --> 00:42:40.090
Community Hall: Any other comments?
350
00:42:41.100 --> 00:42:45.680
Community Hall: Okay. Do we have a motion? I'm ready to make a motion. Okay.
351
00:42:46.080 --> 00:43:02.370
Community Hall: Okay, so I move that the Planning Commission adopt the draft resolution
as recommended by staff, with the change that, lacking permanent stairs from the floor
below be changed to lacking permanent stairs directly to the attic space from the floor
below.
352
00:43:03.820 --> 00:43:04.790
Community Hall: I'll second.
353
00:43:06.830 --> 00:43:11.949
Community Hall: Sorry, can that be clarified again? Can that be clarified again? What was
the change?
354
00:43:13.110 --> 00:43:22.979
Community Hall: The change was to change the wording from lack permanent stairs from
the floor below to lack permanent stairs directly to the attic space from the floor below.
355
00:43:29.810 --> 00:43:41.139
Community Hall: Does that make sense? So, if there was an attic that was large enough to
accommodate maybe an unfinished attic that remained with a staggered, finished room.
356
00:43:41.500 --> 00:43:43.010
Community Hall: A level above it.
357
00:43:43.880 --> 00:43:48.330
Community Hall: And the stairs went, I guess, to the attic.
358
00:43:49.310 --> 00:43:51.389
Community Hall: What is the consequence of this change?
359
00:43:51.640 --> 00:43:54.560
Community Hall: It would exclude the square footage?
360
00:43:55.310 --> 00:43:56.670
Community Hall: Asking to understand.
361
00:43:58.270 --> 00:44:06.429
Community Hall: Sorry, I didn't understand your question. So, if the attic is large enough
that you can basically have sort of a two -layer usage, where you can
362
00:44:06.940 --> 00:44:13.109
Community Hall: And we've actually seen attics large enough to have some of that in, I
guess, Avenida.
363
00:44:13.810 --> 00:44:19.330
Community Hall: So, if you've got a large enough roof area where you can accommodate
living…
364
00:44:19.500 --> 00:44:27.279
Community Hall: Space for the kids, for example, at the very top of that attic area, such that
the portion beneath it is still unfinished.
365
00:44:27.450 --> 00:44:29.859
Community Hall: But the ladder goes into the unfinished attic.
366
00:44:30.410 --> 00:44:32.269
Community Hall: What is the effect of this change?
367
00:44:38.590 --> 00:44:53.839
Community Hall: I'm not sure I followed that hypothetical completely. I mean, it's possible
that there would be no effect to the change. The change was meant to clarify, so…
368
00:44:54.270 --> 00:44:57.680
Community Hall: Okay. It's an attic or not. I mean, it…
369
00:44:57.960 --> 00:45:00.679
Community Hall: So, in theory, if you had a large enough
370
00:45:01.130 --> 00:45:06.930
Community Hall: attic structure, and it's not uncommon, there is actually one in Avenida,
and there may be more.
371
00:45:07.360 --> 00:45:11.659
Community Hall: Where the attic itself may have permanent stairs.
372
00:45:12.250 --> 00:45:17.250
Community Hall: And then the… Improved space, or the finished space.
373
00:45:17.470 --> 00:45:21.700
Community Hall: Has a temporary ladder, so for a kid's room, for example, that's right at the
top.
374
00:45:22.500 --> 00:45:28.489
Community Hall: So that would… Without… with the staff recommendation, that would
basically include the square footage.
375
00:45:28.660 --> 00:45:31.440
Community Hall: With the revised motion, that would exclude the square footage.
376
00:45:31.630 --> 00:45:41.930
Community Hall: I'm sorry, I honestly have to say I don't understand the question. If I can
clarify, a temporary ladder would not… the definition is for permanent stairs. Okay, let me
ask differently.
377
00:45:42.080 --> 00:45:45.700
Community Hall: Can staff give an example where…
378
00:45:46.490 --> 00:45:54.910
Community Hall: the behavior would be different with the staff-recommended motion
versus the Commissioner's proposed amended motion.
379
00:45:55.750 --> 00:46:00.250
Community Hall: Can we understand an example where things would be different for one
versus the other?
380
00:46:02.410 --> 00:46:12.700
Community Hall: I think the example was provided by Commissioner Linskog. For the
purpose of calculation of square footage? Again, we're not going to be calculating square
footage for
381
00:46:15.370 --> 00:46:28.639
Community Hall: For the purpose of calculating square footage, if you had permanent
stairs going into an attic space, then it would be included in the square footage. If you did
not have permanent stairs going up to it, it was uninhabitable.
382
00:46:29.050 --> 00:46:32.699
Community Hall: You know, unfinished and no windows, then it would be excluded.
383
00:46:36.520 --> 00:46:37.380
Community Hall: Thank you.
384
00:46:38.170 --> 00:46:41.509
Community Hall: Alright, do we have any further comments or questions?
385
00:46:41.710 --> 00:46:43.909
Community Hall: And City Clerk, I believe we're ready for a vote.
386
00:46:53.430 --> 00:46:54.510
Community Hall: Oh, fuck.
387
00:46:56.110 --> 00:46:56.800
Community Hall: Okay.
388
00:46:58.760 --> 00:47:00.780
Community Hall: The motion carries unanimously.
389
00:47:01.040 --> 00:47:09.679
Community Hall: Thank you very much. So, we will move on to the next items. We have no
old business or new business. Do we have any staff and commission reports?
390
00:47:11.200 --> 00:47:20.740
Community Hall: I do not have a staff report at this time, except to state that the following
two meetings are canceled due to the summer recess, so we will convene back in
September.
391
00:47:21.280 --> 00:47:23.329
Community Hall: Great. Do we have any commission reports?
392
00:47:24.470 --> 00:47:29.209
Community Hall: Okay, then we'll move to future agenda sending. Does anyone have any
items?
393
00:47:31.300 --> 00:47:34.250
Community Hall: All right, then we will adjourn the meeting. Thank you very much.
394
00:47:35.920 --> 00:47:37.899
Community Hall: Wow, that's a record.
395
00:47:38.030 --> 00:47:39.799
Community Hall: Well, it should be there.