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HomeMy WebLinkAbout05/02/2019Approved May 23, 2019 1 Regular Planning Commission Meeting May 2, 2019 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, May 2, 2019, 7:00 PM Council Chambers, 26379 Fremont Road, Los Altos Hills, CA, 94022 ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Absent: Commissioner Smith, Commissioner Patel, Commissioner Couperus, Chair Mandle Commissioner Abraham Staff: Interim Planning Director Steve Padovan, Assistant Planner Dylan Parker, Assistant Planner Jeremy Loh, Planning Technician Cody Einfalt 2. PRESENTATIONS FROM THE FLOOR Chair Mandle opened Presentations from the Floor. Commissioner Couperus shared his gratitude for Town staff and the community during his absence and recovery. Chair Mandle closed Presentations from the Floor. 3. PUBLIC HEARINGS EX PARTE: Commissioner Smith said he spoke with no one. Commissioner Patel said he spoke with Devendra and Gupta Kumar. Commissioner Couperus said he spoke with Chair Mandle. Chair Mandle said she spoke with Kit Gordon, Nancy Couperus, and Kelly Cheng. 3.1 LANDS OF NASHASHIBI FAMILY TRUST; 28008 Laura Court; File #SD18- 0070; A request for a Site Development Permit for landscape screening associated with a previously approved single-family residence. CEQA review: Categorical Exemption per Section 15304(b) - new gardening and landscaping. (Staff: Dylan Parker). Chair Mandle opened the PUBLIC HEARING. Approved May 23, 2019 2 Regular Planning Commission Meeting May 2, 2019 Assistant Planner Dylan Parker presented the staff report. He spoke of the history of the project, the current site conditions, and the comments received about the project from the Town's various reviewing committees. The Commission asked questions of staff and received responses. Commissioner Patel said there is a current roadway where the future pathway will be located. He asked staff if the roadway was planned to be removed for the natural pathway to be installed. Mr. Parker confirmed that Commissioner Patel was correct. Commissioner Patel asked how far the proposed pathway will be from the property boundary Mr. Parker explained that the pathway will run along the property line. Commissioner Couperus spoke of the past history of the project. He said that there may be old easements for water pipes on the property and these could pose an issue for planting screening in this area. He added that this property may contain multiple underlying lots, which he recommended should be merged together as a part of this project. Interim Planning Director Steve Padovan, said that he believes these two lots are merged. However, he said that the underlying lots may comply with the Town's lot merger requirements and staff can work to merge the lots if they are separated. He explained that for the review of the landscape screening plan, the Town is treating the property as one lot. Commissioner Couperus stated that this section of Town is covered with odd landscape features and easements that date back to when the quarry was in operation. Chair Mandle asked a question regarding the pathway easement on the property and where the proposed fence would be located. Mr. Parker explained that there is an existing fence that would need to be removed to accommodate the proposed open space easement. Chair Mandle clarified that she wanted to make sure there was no fence across a pathway. Staff confirmed that there is no proposed fence across the pathway. Chair Mandle asked if the pine trees on the eastern border were planned to be removed. Approved May 23, 2019 3 Regular Planning Commission Meeting May 2, 2019 Mr. Parker said that the pine trees have been removed already from the property. Chair Mandle asked if the applicant had taken the recommendation to remove landscaping below the dripline of the mature oak trees. Mr. Parker explained that the applicant moved the placement of the shrubs out of the dripline of the heritage oak trees. Chair Mandle opened the floor to the applicant. Forrest Linebarger, Project Manager, spoke of the existing site conditions, specifically the Water District's abandoned easements and pipelines. He explained that he is working with the District to remove the unnecessary easements on the property. He spoke of the proposed pathway, existing trees, and active creek on the lot. He has tried to talk with the adjacent neighbors about coming to an agreement on the landscaping plan. He said that he does not have any comment on the proposed open space easement because staff had just introduced that condition of approval to the project that morning. Commissioner Patel asked the applicant whether the proposed trees on the site were evergreen trees. Mr. Linebarger confirmed that the proposed trees will be evergreen. Commissioner Patel asked which tree species is proposed to screen the pool. Mr. Linebarger stated that arbutus trees are proposed. Chair Mandle opened the floor to public comment. Devendra Kumar, next door neighbor, explained his concerns regarding the placement of the applicant's driveway and the fact that the headlights and taillights from the cars entering and exiting the property shine into his home at night. He explained that the house is not street facing, but rather facing his house and the current trees on the two properties do not do a sufficient job at screening the car lights. He said that there is disagreement between the applicant and himself on where screening should go and he asked the Planning Commission to assist in this discussion. Chair Mandle asked Mr. Kumar exactly what he would like to see in the landscape screening plan. Mr. Kumar said that there needs to be screening along the driveway to block the light from moving cars, and that there needs to be a large enough tree to screen the window of his bedroom. Approved May 23, 2019 4 Regular Planning Commission Meeting May 2, 2019 Carrol Gottlieb, Environmental Design and Protection Committee, said that the applicant’s proposed screening is positioned too low on the property. Due to the natural slope of the property, eight foot shrubbery will not screen the house. She said that the neighbors along the private driveway are exposed just like Mr. Kumar explained. She said that the Committee does not approve of planting within the dripline of oak trees and that nothing should be planted within the conservation easement on the property. Mr. Linebarger, responded to Mr. Kumar’s concerns and stated that the Kumar’s house is lower than the applicant's house and this is why he proposed incorporating plants lower on the property which he thought would screen the neighbor's home. Commissioner Patel asked a question about the pines trees in the proposed easement. Mr. Linebarger said applicants used to be able to plant in the easements but he understands this is no longer allowed today. Chair Mandle asked staff about the water district's easement(s) and what could be planted within them. Mr. Parker explained the different easements on the property and said that nothing can be planted within any of them. Mr. Linebarger said he was willing to work with Mr. Kumar to alleviate the driveway/car light issue. Director Padovan said that the only way to sufficiently screen the car headlights would be a solid wood fence. Commission discussion ensured on how to solve the problem of car lights screening. Chair Mandle closed the PUBLIC HEARING. Commissioner Patel said that he was unware of the water line easement on the property and he understands this makes this lot more difficult to plan. He said that there should be a gap between the driveway and the pathway and that this small gap could be used to plant screening to address the car headlight/taillight problem. He said that there needs to be additional planting to help screen the facade of the house because the property is at a higher elevation than the neighbors. He said that the existing pine trees may not last as long as the new house and the Commission needs to plan for this possible future exposure. He stated that the Approved May 23, 2019 5 Regular Planning Commission Meeting May 2, 2019 landscaping plans do not show the lights on the house, so it made it difficult to envision where the lights from the residence would need to be screened. Commissioner Couperus spoke of the location of Hale Creek and said that the creek is not on the applicant's property so the owner should not be required to clean up the creek as stated in the conditions. He explained the wildlife migration in this area of town and said that the open space easement would not benefit the movement of animals and he thinks this condition should be removed. He spoke of the driveway light issue and stated that the applicant could install a wrought iron fence and grow plants on the fence to fill in the gaps. He explained the fencing options for the property and said that he would prefer an open style/split rail fence, which he believes could follow the property line and be wildlife permeable. Commissioner Smith said he agreed with his fellow Commissioners and had no further comments to add. Chair Mandle said that if there are two underlying lots on the property, the Town should take action to merge them into one. She is in favor of including the open space easement because it follows Town's policies and she agrees with Commissioner Couperus's recommendation that a split rail fence along the easement would be suitable for this lot. She said she supports the EDPC's recommendation of installing a 48 inch box oak tree at 500 foot contour line to screen and break up the bulk of the house. She is in agreement that the driveway needs to be screened and thinks there is a solution (i.e fencing, planting on either side of the property line). She said she would like the neighbors to work together. Commission discussion ensured about fencing around the easements and addressing the underlying lots on the property. MOTION MADE AND SECONDED: Commissioner Couperus moved approve the requested Site Development Permit for a landscape screening plan, subject to the conditions of approval in Attachment 1 with the added conditions that the applicant be required to record an open space easement as defined by staff on the property, remove the condition of approval that the applicant must clean up the debris along Hale Creek, add the condition that the applicant add a 48 inch box oak tree along the 500 foot contour line to break up the bulk of the house, request that staff look at the underlying lot issue on the property and merge the lots if applicable, and ask staff to work with the applicant and the neighbors to come to an agreement on how to address the driveway light concerns. The motion was seconded by Commissioner Patel. AYES: Commissioner Smith, Commissioner Patel, Commissioner Couperus, Chair Mandle Approved May 23, 2019 6 Regular Planning Commission Meeting May 2, 2019 NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 3.2 LANDS OF CHEN; 26653 Snell Lane; File #SD18-0028; A request for a Site Development Permit for landscape screening associated with a previously approved single-family residence. CEQA review: Categorical Exemption per Section 15304(b) (Staff: Dylan Parker). Chair Mandle opened the PUBLIC HEARING. Assistant Planner Dylan Parker presented the staff report. He explained the existing site conditions and the history of the project. He explained the plant species selection and stated that the proposed olive trees have already been planted on the property. He outlined the comments received from the Town's reviewing committees and concerns from public comment. Commissioner Couperus asked a question regarding the proposed driveway placement and the fact that it is under the dripline of an oak tree. He said that there is a concern regarding backing out of the property and every effort should be made to have the vehicle face forward when exiting the lot. Chair Mandle opened the floor to the applicant. Jeremy Bauman, landscape architect, said that he thinks that the property is maxed out on the development area so there is no room to extend the driveway to add a turnaround. He said he thinks that the proposed design has gone above and beyond of what is required by Town residents in terms of landscape screening. Mr. Parker clarified that there is no additional development area proposed as a part of this plan. Commissioner Couperus asked if the applicant planned on addressing the noise concerns from their air conditioner condensers. Lydia Chen, homeowner, explained that the house is built with geothermal heating and cooling and there will be no condensers to mitigate for sound. Commissioner Patel asked for clarification on the trees that were proposed in the plan that were already planted. Approved May 23, 2019 7 Regular Planning Commission Meeting May 2, 2019 Mr. Bauman said that the intent was for the trees to grow while construction was occurring to have them be taller upon completion of the project. He stated that he assumed this was allowed by the Town. Interim Planning Director Padovan said that that is not entirely true. He explained that planting prior to approval is not recommended because the plants may need to be moved based on neighbor concerns. Chair Mandle asked how the house was going to be screened from Snell Court. Mr. Bauman said that the plan calls for olive trees to be planted in front of the house and that additional trees will be planted if necessary. He said that the olive trees will grow to 15-20 feet at their maturity. Ms. Chen said that there was one additional issue that she would like to address. She said that she is aware of the pathway erosion concern along Snell Lane. She said that she was open to installing stepping stones or a retaining wall, but that Town staff said this was not allowed. Chair Mandle opened the floor to public comment. Roy Woolsey, neighbor, said that there is a blind intersection on the shared driveway that needs to be addressed. He suggested moving the olive trees to increase the visibility. He said that he is concerned with the proposed new trees that are to be planted near his utility pipes for gas and water. He said that the trees should be moved so that they also do not cause competition with his trees. He stated that there are no tall plants to screen the house from Snell Lane and that he would like the new owner to honor a verbal agreement he had with the previous owners of the property to bring his rototiller through their property and onto his property. Nimish Mehta, neighbor, said that he would like to have additional screening between the applicant’s house and his property to screen the residence from his view. Mr. Parker explained the trees proposed to be planted between the Mehta's and applicant's property Patty Woolsey, neighbor, expressed her concern regarding cars backing out of a driveway and the potential accidents that the blind intersection could cause. She requested that the junction of the two driveways be kept clear for driving visibility purposes. She said that the front of the house needs to be screened more from Snell Lane because the proposed olive trees will not grow large enough to screen the house. Approved May 23, 2019 8 Regular Planning Commission Meeting May 2, 2019 Carrol Gottlieb, Environmental Design and Protection Committee, stated that the committee only reviewed the first submittal of the plans. She said that there is a pathway on the property that needs to be addressed and that the Victoria-box trees are not appropriate for this property. Justin Pettin, Los Altos Hills, stated his agreement that the proposed olive trees will not grow tall enough to screen the house sufficiently. Chair Mandle opened the floor to the applicant for rebuttal. Mr. Bauman, addressed the neighbors’ concerns. He said that he incorporated fast growing plants in the landscape screening plan to get screening as full and as fast as possible. Chair Mandle said that the plans proposed a tree that would grow to be roughly 40 feet in height near the rear property line. She asked the applicant if he would be okay with selecting a tree that would not grow as tall to accommodate the neighbor's concerns. Mr. Bauman said that this tree will not grow to 40 feet tall, but rather around 15- 20 feet in height. Commissioner Patel asked for clarification on the easements that are underneath the drip line of the proposed African Sumacs. Mr. Parker said that there is a wire clearance easement for overhead utilities, however the Town now requires all utility lines to be undergrounded. Chair Mandle asked staff who is responsible for maintaining the pathway Mr. Parker explained that the pathway was not required with the approval of the residence. Director Padovan said that the pathway came with the subdivision and any construction that damaged the pathway associated with the applicant's project would be required to be repaired by the applicant prior to occupancy of the house. Chair Mandle asked about planting in the easements. Director Padovan said that planting is generally not allowed in utility or pathway easements. Commissioner Couperus asked staff on the possibility of allowing the applicant to exceed their maximum development area to allow the applicant to incorporate a driveway turnaround. Approved May 23, 2019 9 Regular Planning Commission Meeting May 2, 2019 Director Padovan said that there is currently 50 square feet of development area left that the applicant could use. He said that as long as it does not hurt the oak tree near the driveway, the turnaround could be incorporated. Commissioner Couperus said that he is in favor of this idea because it would help decrease possible accidents in the future. Chair Mandle closed the PUBLIC HEARING. Commissioner Patel said that there is an area on the property which could be used for parking/turnaround space. Commissioner Smith shared his concerns about the impaired visibility when existing the driveway. He said that he would like to see evergreen trees that will grow tall enough to screen the house, but will also allow visibility below the tree's canopy to see the driveway. He said that the current fruitless olive trees do not provide adequate screening. Commissioner Patel said that the overall plan is inadequate for approval. He thinks the choice of trees is not proper, specifically the olive trees and African Sumac that are dense all the way to the ground while at the same time not tall enough to screen the house properly. He said that he is concerned about the additional trees being planted on the site that are not shown on the submitted plans. He said he would like to see all the trees on one plan to get a better idea of the screening and the amount of water the lot would use. He said he is less concerned about the turnaround because the area after the gate does have room for a car to turn around. He said that he does agree that service trucks will have trouble. Commissioner Couperus said that he thinks the 15 foot easement are next to the private driveway would be fine to use for turning around, but he does not see UPS or service trucks using this area. He thinks that these trucks will drive into the property and then reverse themselves back out. For this reason, anything to encourage a turnaround on the property would be nice to incorporate. He spoke of the overhang of proposed trees onto the neighbor's property and he said that the trees proposed trees will rely on the owners to continually trim the trees. Chair Mandle said she would like to see taller trees that would screen the house better from Snell Lane. Commission discussion ensued regarding asking the applicant to revise the plans and return to the Commission with changes. MOTION MADE AND SECONDED: Commissioner Patel moved to continue the application to the Regular June Planning Commission Meeting with the Approved May 23, 2019 10 Regular Planning Commission Meeting May 2, 2019 direction to staff and the applicant to work together on desired modifications to the proposed request. The motion was seconded by Commissioner Couperus. AYES: Commissioner Smith, Commissioner Patel, Commissioner Couperus, Chair Mandle NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 3.3 LANDS OF PETERSON AND MIRKIN; 24200 Dawnridge Drive; File #MA18-0001; A request for a Map Adjustment for abandonment of an existing 100' building setback line for light and air along the street frontage. CEQA review: Categorical Exemption per Section 15305. (Staff: Dylan Parker). Chair Mandle opened the PUBLIC HEARING. Assistant Planner Dylan Parker presented the staff report and explained the intent of the light and air setback when the final map was previously recorded in the subdivision. He explained that a certificate of correction that would need to be adopted to make the changes to the final map. Commissioner Smith said he can support a 40 foot setback because it would comply with Town code. He asked staff what setbacks are present in the neighborhood. Mr. Parker said there are inconsistencies in the setbacks across the neighborhood ranging from 40 to 100 feet. Commissioner Patel asked about the maximum development area calculations for this property. Mr. Parker said that the maximum development area calculations would not change with the approval of this final map correction. Commissioner Patel said he is taking into consideration that the applicant may want to build an accessory dwelling unit (ADU) on the property once the setback has been reduced. Interim Director Padovan said that if the property is limited on its available development area, the applicants can use permeable materials to receive a credit for future work on the property. Approved May 23, 2019 11 Regular Planning Commission Meeting May 2, 2019 Commissioner Couperus said that he can support a 50 foot setback to match the setbacks of the neighbors. Director Padovan said the intent of staff's recommendation was to conform to the immediate neighborhood within the subdivision. He added that it is up to the Commission's digression on what the setback shall be. Chair Mandle opened the floor to the applicant. Kendra Rosenburg, project representative, said that the applicant is in favor of abandoning the easement. She said that without the easement the setback would revert to the Town's standard of 40 feet from the property line. Chair Mandle opened the floor to public comment. Chair Mandle saw no one wishing to speak and closed the PUBLIC HEARING. Commissioner Smith said that the Town should remove the easement and have the property revert back to the Town's standard 40 foot setback. He asked staff about the potential ADU on the property. Mr. Parker said that the potential ADU is one of the reasons to justify the abandonment of the easement. No site development is requested as a part of the item that evening. Commissioner Patel said 100 feet is a hardship to the property owner and it should be reduced. He said that he would be okay with staff recommendation of 50 feet or the Town standard of 40 feet. Commissioner Couperus said that he would like to make this property equal to the whole Town rather than just the immediate neighbors. He said he supports the 40 feet setback rather than the 50 foot setback. Chair Mandle said she is in favor of retaining a 50 foot building setback line for light and air because she wants to preserve the character of the neighbor as much as possible and the existing easement allows no structures, including fencing, in the setback. MOTION MADE AND SECONDED: Commissioner Smith moved to send a recommendation to the City Council for approval the abandonment of the building setback line for light and air on the property, and file a Certificate of Correction amending a Final Map subject to the findings in Attachment 1 and conditions of approval in Attachment 2 The motion was seconded by Commissioner Patel. Approved May 23, 2019 12 Regular Planning Commission Meeting May 2, 2019 AYES: Commissioner Smith, Commissioner Patel, Commissioner Couperus NOES: Chair Mandle ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 3-1-1 3.4 LANDS OF CHENG AND REISING; 12825 Viscaino Road; File #PM19-0002; A request for a Permit Modification to a previously approved Conditional Development Permit to allow additional structure height to a previously approved additions and remodel of an existing residence; Original file #92-18- ZP-SD-GD; CEQA review: Categorical Exemption per Section 15301(e) - additions to existing structures that will not result in an increase of more than 50% of the floor area; (Staff-Jeremy Loh). Chair Mandle opened the PUBLIC HEARING. Assistant Planner Jeremy Loh, presented the staff report. He spoke of the changes the applicant has proposed to make to the previously approved plans and explained to the Commission that the findings of the initial approved Conditional Development Permit still stand. Commissioner Smith asked a question regarding setback encroachment on the property. Chair Mandle opened the floor to the applicant. Scott Reising, property owner, explained that he wanted to install clerestory windows on the home, which increased the overall building height. Chair Mandle opened the floor to public comment. Chair Mandle saw no one wishing to speak and closed the PUBLIC HEARING. Commissioner Patel said he reviewed the project and he does not have any issues with the height change. He stated that he approves of the new location of the pool. Commissioner Couperus agreed with Commissioner Patel. He said he has no issues with the change and approved of the new pool location. Commissioner Smith said he had no further comments to add. Approved May 23, 2019 13 Regular Planning Commission Meeting May 2, 2019 Chair Mandle said she sees no problems with the proposed changes. Commissioner Patel asked his fellow Commissioners if they were okay with the landscape screening plan going through a site development hearing instead of a Planning Commission hearing. Chair Mandle said she trusts that staff can address the concerns with the future plan. MOTION MADE AND SECONDED: Commissioner Patel moved to make the findings in Attachment 1 and approve the Permit Modification to Conditional Development and Site Development Permit #92-18-ZP-SD-GD for an addition, remodel, and new pool subject to the recommended conditions in Attachment 2. The motion was seconded by Commissioner Smith. AYES: Commissioner Smith, Commissioner Patel, Commissioner Couperus, Chair Mandle NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 4. OLD BUSINESS - None 5. NEW BUSINESS 5.1 Discussion of potential dates for a second (Special) Planning Commission meeting in May to review ADU regulations and wireless communication facilities ordinance. Director Padovan explained that the intent of the second meeting was to receive public comment on the proposed changes. The Commission agreed that May 23, 2019 should be set for the Planning Commission Special Meeting. 5.2 Discussion of rescheduling July 4th Regular Planning Commission Meeting. The commission agreed to have the meeting rescheduled to July 11, 2019. Approved May 23, 2019 14 Regular Planning Commission Meeting May 2, 2019 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for April 18 - Commissioner Abraham Commissioner Patel reported on the April 18, 2019 City Council meeting for Commissioner Abraham. 6.2 Planning Commission Representative for May 16 - Commissioner Couperus 6.3 Planning Commission Representative for June 20 - Commissioner Patel Commissioner Smith offered to cover this City Council meeting. 6.4 Planning Commission Representative for July 18 - CANCELLED 6.5 Planning Commission Representative for August 15 - Chair Mandle 7. APPROVAL OF MINUTES 7.1 Approval of April 4, 2019 – Regular Meeting Minutes MOTION MADE AND SECONDED: Commissioner Patel moved to approved the April 4, 2019 Regular Planning Commission meeting minutes as presented The motion was seconded by Commissioner Couperus. AYES: Commissioner Smith, Commissioner Patel, Commissioner Couperus, Chair Mandle NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 8. REPORTS FROM SITE DEVELOPMENT MEETINGS - April 16 & April 30 8.1 LANDS OF KRAPPE; 27350 Julietta Lane; File #SD19-0014; A request for a Site Development Permit to allow 608 cubic yards of grading for a new 1,508 square- foot basement; CEQA review: Categorical Exemption per Section 15301(e) - Additions to an existing structure that will not result in an increase of more than 2,500 square feet; (Staff-Jeremy Loh). [APPROVED] 8.2 LANDS OF GOUMAS AND EGGERS; 12051 Moody Springs Court; File Approved May 23, 2019 15 Regular Planning Commission Meeting May 2, 2019 #SD19-0009; A request for a Site Development Permit for a roofed pool cabana structure with an unfinished accessory structure below totaling 860 square feet (maximum height 27'-0"); CEQA review: Categorical Exemption per Section 15303(e) - construction of a new accessory (appurtenant) structure; (Staff-Jeremy Loh). 9. REPORTS FROM FAST TRACK MEETINGS - April 16 & April 30 9.1 LANDS OF XU; 12640 Corte Madera Lane; File #SD18-0054; A request for a Site Development Permit for a new 4,563 square-foot residence (Maximum height 26'-6") with a 2,063 square-foot basement and a new 600 square-foot secondary dwelling unit. CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone (Staff-Jeremy Loh). [CONTINUED TO MAY 2nd] 9.2 LANDS OF ST. LEDGER; 12255 Menalto Drive; File #SD19-0011; A request for a Site Development Permit for a new 6,116 square-foot residence (Maximum height 20'-6") with a new 882 square foot pool. CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone; Categorical Exemption per Section 15303(e) - construction of accessory (appurtenant) structures including pool; (Staff-Jeremy Loh). 10. ADJOURNMENT The meeting adjourned at 10:29 PM Respectfully Submitted Cody Einfalt Planning Technician The minutes of the May 2, 2019 Regular Planning Commission meeting were approved as presented at the May 23, 2019 Special Planning Commission meeting.