We're here 45 minutes early waiting for the doors to open to tonight's city council meeting. 
It's 7pm and we're having oral communications for any item not on the agenda. The 190 West Cliff project will happen around 7:35pm.
A lot of people urging the City Council to take immediate action to enact the just-cause provisions of #AB1482 right now to try to stop evictions that are happening already.
We're about to start.
Before we start, Drew Glover is asking the city attorney if there is any way possible to enact an emergency just-cause ordinance tonight.
Attorney says it is possible, CM Glover makes a motion to enact an emergency just-cause ordinance that mirrors #AB1482. Krohn 2nds.
The City Attorney says that this measure needs "emergency findings" and this motion would need 5 affirmative votes. It might be possible to have an emergency meeting tomorrow as well. CM Glover revises his motion to have an emergency meeting tomorrow.
CM Cummings says this matter is agendized for the 29th and having something happen tomorrow would be too soon. CM Brown says she's unavailable tomorrow and thinks the 29th. CM Glover does not withdraw his motion, says he's willing to sit 5 hours with attorney to hash it out.
Krohn calls the question. Motion fails 5-2 with only Glover and Krohn voting yes.
Planning Dept director Lee Butler now speaking. Says project site has been a parking lot for decades. The proposed project will have 89 units and is using the density bonus. The "base" project has 66 units with 10 affordable units, more than the 15% inclusionary requirement.
Lee Butler says the project meets the objectives of all city ordinances. Notes that there are some applicable state laws regarding this that he is happy to discuss if needed. Says they have multiple attorneys present tonight specializing in CEQA, inclusionary, density bonuses.
Planning staff is talking about how the project meets general plan goals. Also notes unique zoning that he describes as "site-specific" that prevents any new hotel rooms, but does allow housing and ancillary hotel uses.
There will be 217 hotel parking spaces (replacing the 216 current surface lot). There's more car parking for residents and residents' guests with lots of bicycle parking too.
Staff revisits the discussion about whether the roof deck railings exceed the height limitations and staff says they are compliant with the zoning code.
The developer is using the density bonus to bump the height up one story from 36 feet to 47 feet. Says that the project meets more than double the required setback from the adjacent mobile home park.
Staff is discussing how Planning Commissioner Schiffrin tried to interpret bullet point c as also applying to property lines not on a street.
Staff notes that cities have very limited options to not approve projects that use the state density bonus due to state law.
Staff notes that 2 community meetings have happened already. So with I believe this is public meeting number 4.
Staff discusses a whole bunch of CEQA stuff. Says the project will comply with city noise standards. Says that no further environmental review is required. However, they are recommending to restrict construction activities to happen only between 7am and 6pm.
Another condition recommended to be placed is for Transportation Demand Mangement (TDM) strategies to be employed to reduce auto trips to be 10% below the predicted auto trips.
Now starting application presentation. Signs in crowd include "Full EIR" and "Clearview Court Matters". Clearview Court is the adjacent mobile home park.
Developer noting lots of community outreach. Says there have been over 70 formal and informal meetings have happened. They even changed the architect after hearing some negative feedback.
Developer noting there will be a roof area for telecommunication facilities to make sure Clearview Court is still able to get internet and satellite reception.
Developer noting that they are providing 8 "very low income" homes for sale. Only 12 have been create in the City of Santa Cruz this RHNA cycle and 0 of those are for sale. The 1 bedroom affordable units will be for sale for probably less than $200,000.
Developer notes that the city has a choice of whether to pick a roundabout or traffic signal to be implemented at Bay & West Cliff. Either way, the project would widen the bike lanes and sidewalks along West Cliff.
Time for clarifying questions from councilmembers. CM Cummings starting out. Asking for further clarification on why a full EIR is not being recommended. Staff immediately calls up a CEQA attorney.
CEQA attorney noting that there must be peculiar impacts specifically related to this project to require a full EIR. Says that the city went through a checklist and did not note any peculiarities.
CM Cummings trying to clarify potential applicability of the density bonus units being larger than potential developments studied in the General Plan EIR? Attorney says that the General Plan EIR is not a cap on development.
Developer noting that there would be a "grab-and-go" cafe and a spa as a part of the development that would be open to the general public as well as hotel guests.
CM Glover asking about the process of identifying applicants and whether units will be affordable in perpetuity. Developer says affordable units would be handled by the housing authority. The affordable units will be affordable in perpetuity.
CM Glover concerned about proximity of a garbage can to adjacent mobile home park and wants clarification on a wall that is supposed to be shored up. Developer notes that the garbage can will be wheeled out to the street by hotel maintenance for pickup.
CM Glover concerned about a number of potential CEQA items such as shading and a two-story subterranean parking garage. Zoning admin Eric Marlatt notes shading is not a CEQA checklist item. A city consultant says the 2 story garage is something analyzed in general plan EIR.
Yes, a shadow study was done.
Time for public comment. First up is Kate Roberts from @MBEPartnership. Speaking in support.
@MBEPartnership Next is a representative from Clearview Court. Says they need every ray of sunshine available. Laments loss of quality of life and pollution from additional traffic. Also concerned about loss of value of their properties. Asking for an 8 foot soundwall installed b4 construction.
@MBEPartnership Next up is Save Santa Cruz Westside. Says they have had an attorney conclude that the project exceeds the height limit because the roof decks and railings are not allowed to exceed a certain height. Wants the council to have principled leadership to uphold codes and regulations.
@MBEPartnership Done with group presentations. First individual to speak is in support. 2nd says we need a "real scientific report" and environmental study. 3rd person wants a full EIR. 4th person says they'll be kicked out of the affordable Clearview court due to construction and traffic?
@MBEPartnership Next 2 people in support.
@MBEPartnership Next up is Robert Singleton from @SCCBCouncil speaking in favor. After that is Tim and Jamileh from @workbenchbuilt speaking in favor.
@MBEPartnership @SCCBCouncil @workbenchbuilt Next person is complaining about traffic gridlock that occurs due to the crosswalk in front of the Dream Inn. Also concerned about the "high speed bike lanes".
@MBEPartnership @SCCBCouncil @workbenchbuilt Next person concerned about the 1,500 additional daily car trips and says that that would mean it would stretch 3 miles. Person after that also concerned about traffic and whether the units might be rented out as Airbnbs.
@MBEPartnership @SCCBCouncil @workbenchbuilt Next two people are in support including an owner of a nearby hotel. Person after that wants a full EIR.
A few more people wanting a full EIR. We had a serial commenter opposing the project due to concerns about 5G cell networks.
Next up are two reps of a local hospitality workers union that spoke speaking in favor of the project.
And we're back to more demands for a full EIR from 2 speakers. Julian Greensite says this project does not protect neighborhood integrity and wanted the heritage trees protected as well.
Next person gives praise to project and says he's worked in the area for a long time yet still doesn't own a home. Person after that says that density is green and wants it approved. Says we have a choice between parking for cars or housing for people.
Next up is a local rep for the NAACP and is in support because of the low income units. Wants the units restricted to residents of Santa Cruz County.
Next up is William Ow speaking in support. Says the low income units are better than a kick in the pants. Says he might move into one of the market rate units and move out of his 5 bedroom house and free it up for others.
Next was an emotional @rgbkrk that wants more housing for his kids and is tired of people trying to stop housing.
@evan_siroky speaks up and informs the council that this project is general plan compliant and must be approved under the Housing Accountability Act
"Are people seriously trying to preserve a parking lot"
A rep from Save Santa Cruz notes that they've collected over 1,000 signatures in opposition. Another person from Clearview Court is in opposition due to the shadows. Wants a full EIR.
@CharlesVaske just spoke in support. After that is Tim Willoughby from Affordable Housing Now speaking in favor and noting that this project alone would increase the city's stock of very low income units by 1%.
Next was Mark Mesti-Miller speaking in favor. And after that is another person predicting gridlock and asking for a full EIR.
Next person doesn't want any commercial in the development and thinks the additional car traffic will hinder the city's Vision Zero goals.
Next up is Matt Huerta from @MBEPartnership that is praising use of density bonus that would bring forth affordable units without public subsidy.
Next person supports housing in general, but not this project because it might harm bird migrations. Wants a full EIR. Person after that says the project is unusual. Is concerned about pedestrian traffic and the car traffic that might increase as a result.
Next person concerned about "pirate developers". Doesn't want any commercial in the development.
Last public speaker is from Clearview Court. Is comparing this development's impacts to the time that the City reneged her affordable in perpetuity contract for her home.
Developer is talking about CEQA. Says that the environmental studies they did were thorough.
We're now starting council deliberation. CM Krohn starts off asking why a full EIR isn't being required. Asks attorney if he thinks project will have a "significant adverse impact" and attorney responds that there weren't any findings outside of the general plan EIR.
CM Krohn asks about making wall to Clearview Court 8 feet instead of 6 and developer says he's fine with that as long as Clearview Court is. CM Krohn asks what can be done to prevent short-term rentals. Developer says owners must abide by city ordinance.
CM Krohn asks about affordability of market-rate units. Developer says it'll be a mix due to various sizes of units, orientation in development, market conditions, etc.
CM Krohn asking about possibility of preserving/relocating trees. Arborist says 4 trees were being saved and that the replacement trees being planted will be able to adapt better to the new environment.
CM Krohn makes a motion to do a further environmental analysis to look at trees, traffic, parking, etc (Full EIR). CM Brown seconds.
CM Brown asks about inclusionary ordinance and how the inclusionary units satisfy the requirements for the density bonus.
CM Brown now saying that "in order for us to legally require a full EIR we just have to find significant impacts, we don't need to prove that the impacts exist". CEQA attorney is called up.
CEQA attorney says the prior work in general plan EIR acts as the findings and that the city can't require a full EIR since the project satisfies the general plan EIR.
Zoning administrator Eric Marlatt and planning director Lee Butler now discussing heigh arguments brought up by Save Santa Cruz. Says roof decks are legit uses and building code requires railings for roof decks. Therefore it is assumed that railings are part of roof deck.
CM Brown now saying that she's worried about sunlight being blocked qualifying as a significant impact under CEQA. Planning director says shadows are not a CEQA impact for the City of Santa Cruz.
Planning staff noting that the setback requirements are more than double the city requirement. The shadow consultant is here tonight but is not called up for questions... yet.
CM Brown now talking about noises. There have been some noise studies. A number of mechanical items are being designed in a way that they don't exceed city noise thresholds.
CM Cummings asks what state law would prevent us from approving the project tonight. City attorney is looking into his notes on the Housing Accountability Act. A density bonus attorney is saying an adverse impact on public health and safety must be found to deny a project.
Density bonus attorney is not aware of a city that has been able to find a project that has an adverse public safety impact. Also says that if a reasonable person finds a project is consistent with general plan then a court can overturn a council denial.
Density bonus attorney also says that if city loses a lawsuit, the city must pay attorney fees. Also if a city loses a fine of $10,000 a unit can be levied.
CM Cummings wonders if there is any way to track who is buying the market-rate units to see if they are from the county or perhaps being used as 2nd homes. City economic director says residents of affordable units easy and necessary to track.
CM Cummings wonders if there is any way to increase the amount of affordable units in this project. Developer says if there is a specific request from the council they would consider it.
CM Mathews asks what can be done to make sure that the affordable units go to locals. Economic director discussing requiring art portfolio for Tannery Arts center. An attorney says fair housing laws apply. Developer wants to make sure people commuting out of county are eligible.
CM Meyers has some questions about traffic. There are some loading zones in the project. CM Glover wants to know if the trucks will back up. CM Glover wants a guarantee from the developer that the trucks won't be larger than 18 feet. Says this could present a significant impact.
CM Glover going on and on about the delivery trucks and their impact on the low-income people in Clearview Court. Says he is very concerned about all the rich people that might be living in the development that might have better sound-proofing.
CM Glover says the motion is not to approve or deny, but to do a full EIR. CM Glover says he might be in favor if there was a real-estate transfer tax.
CM Watkins not supporting full EIR motion. CM Brown says she "really likes this project, but..." is concerned the city didn't require a full EIR when the project was proposed. Doesn't want to set a precedent of tiering off the general plan.
CM Brown says she really wants housing, but not unaffordable housing. Reiterates CM Glover's notion that requiring a full EIR is not denying or approving a project.
CEQA attorney up again that says that a city can't require a full EIR unless they cite something specific which they haven't brought up yet.
CM Mathews noting that legal environment is a "new to Santa Cruz reality". So she won't support full EIR motion.
CM Cummings also concerned with legal challenges that could come up from requiring a full EIR or denying project and is therefore not supporting the full EIR motion. CM Meyers says the same.
CM Krohn still wants a full EIR. Wonders if any cities have asked for a full EIR. Density Bonus says no fines could be levied for requiring a full EIR, but there would be other legal ramifications.
CM Glover wants a 2nd opinion from another CEQA lawyer. City attorney concurs with CEQA attorney. City planning director also concurs.
CM Glover concerned about philosophy of protecting a city from litigation. Cites concerns from Clearview Court. Says he wants to fight tooth and nail for affordability for existing residents. Blames historic lack of affordable housing development.
CM Glover doesn't like voting for something that is better than nothing. CM Brown worried about potential litigation if project gets approved.
CM Krohn thinks the traffic and noise are findings of adverse public safety. Vote happens, fails, 4-3 with Brown, Glover and Krohn voting no.
Sorry, Krohn, Glover Brown voted yes for a full EIR. Others vote no.
CM Glover and Watkins having an exchange. Watkins made a suggestion for people from Clearview Court to access food garden in development. CM Glover says that's asking if poor people can have food because rich people have robbed the poor people of sunlight.
CM Krohn notes city recommended to change excavation hauling to allow morning peak hours and is wondering if that can be changed back. CM Cummings said that would prolong construction on general.
CM Krohn trying to stack inclusionary on density bonus units. That friendly amendment fails. Housing project approved with Glover, Krohn, Brown voting no.
That's it for tonight! We're happy to see it approved!
