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[00:00:07]

I CALL THIS

[CALL TO ORDER]

MEETING TO ORDER.

PLEASE RISE FOR A FLAG S**T.

IN A MOMENT OF SILENCE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE SPRAWL.

ROLL CALL PLEASE.

OKAY, COMMISSIONER MOROSE PRESENT.

COMMISSIONER P*****K RUDE PRESENT.

COMMISSIONER SERCO, PRESENT, COMMISSIONER, SOLE PRESENT, AND COMMISSIONER EDISON.

PRESENT ALL PRESENT.

THANK YOU.

WELCOME TO THE ELCON

[CHAIRPERSON’S WELCOME ]

PLANNING COMMISSION MEETING.

THIS MEETING IS BEING LIVE STREAMED ON THE CITY OF ELCON WEBSITE.

APPEALS OF FINAL DECISIONS OF THE PLANNING COMMISSION MADE THIS EVENING MUST BE FILED IN WRITING WITH THE CITY CLERK BEFORE 5:00 PM MONDAY, APRIL 15TH, 2024, AND MUST INCLUDE THE PAYMENT OF A FILING FEE.

IF YOU WISH TO SPEAK ON EITHER A NON AGENDA OR AGENDA ITEM TONIGHT, PLEASE FAULT A REQUEST TO SPEAK CARD LOCATED BY THE AGENDA AND TURN INTO THE SECRETARY WHO WILL CALL YOU UP TO SPEAK.

WHEN THE AGENDA COMES UP FOR PUBLIC COMMENT, WE ASK THAT YOU GIVE US YOUR NAME, SPELLING YOUR LAST NAME.

SPEAKERS ARE LIMITED TO THREE MINUTES.

THE DISPLAY ON THE PODIUM, AS WELL AS OTHER MONITORS IN THE CHAMBER WILL SHOW TIME COUNTING DOWN AT 30 SECONDS.

THE PODIUM CLOCK READOUT WILL TURN RED.

SIGNIFYING YOU HAVE 30 SECONDS UNTIL THE END OF YOUR TIME.

APPLICANTS AND INDIVIDUAL REPRESENTING GROUPS OF PEOPLE MAY BE ALLOWED MORE TIME IF APPROPRIATE.

ALL PUBLIC HEARING COMMENTS SHOULD BE ADDRESSED TO ME AS THE CHAIR OF THE COMMISSION AND NOT TO INDIVIDUAL COMMISSIONERS OR STAFF MEMBER.

PLEASE TURN OFF ALL ELECTRONIC DEVICES IF YOU HAVE NOT DONE SO ALREADY.

PURSUANT TO CITY COUNCIL RESOLUTION 1 14 7 9, A COMMISSIONER WHO HAS RECEIVED EVIDENCE RELATED TO A MATTER BEFORE THE PLANNING COMMISSION OTHER THAN AN UNESCORTED VIEW OF THE SUBJECT PROPERTY IS REQUIRED TO DISCLOSE SOME INFORMATION AT THE HEARING.

AT THIS TIME, WE'LL TAKE COMMENTS FROM ANY MEMBER OF THE PUBLIC ON ANY ITEM OF BUSINESS WITHIN THE JURISDICTION OF THE COMMISSION.

THAT IS NOT ON THE AGENDA UNDER STATE LAW.

NO ACTION CAN BE TAKEN ON ITEMS BROUGHT BEFORE UNDER PUBLIC COMMENT EXCEPT TO REFER IT TO STAFF FOR ADMINISTRATION OR PLACE IT ON FUTURE AGENDA.

IF THERE'S ANYONE WHO WISHES TO ADDRESS THE COMMISSION UNDER PUBLIC COMMENT, PLEASE COME FORWARD NOW.

ALL RIGHT.

SEEING THAT THERE'S NONE, WE WILL MOVE

[CONSENT]

TO THE CONSENT CALENDAR.

DOES THE COMMISSION WISH TO PULL ANY ITEMS OFF THE CONSENT CALENDAR? NO.

DOES STAFF HAVE ANY ITEMS THEY'D LIKE TO PULL? NO CHANGES FROM STAFF.

OKAY, GREAT.

ALRIGHT.

AT THIS TIME HAVE A MOTION, MAKE A MOTION TO APPROVE THE MINUTES AS RECORDED.

OKAY.

SECOND.

ALRIGHT.

MOTION MADE BY COMMISSIONER SERCO, SECONDED BY COMMISSIONER P*****K.

RUDE.

PLEASE VOTE.

ALRIGHT AT THIS TIME.

MOTION CARRIES UNANIMOUS VOTE.

SORRY, .

THAT'S OKAY.

ALRIGHT.

OUR FIRST

[Public Hearing Item 2]

ITEM ON THE AGENDA IS A ZONING CODE UPDATE.

UH, IT IS THE ZONING CODE AMENDMENT RECOMMENDED CITY COUNCIL APPROVAL AND, UH, LOCATION CITYWIDE AND STAFF.

I, THERE WE GO.

SO, THANK YOU MR. CHAIRMAN.

UH, AS YOU STATED, UH, THIS IS A ZONING CODE UPDATE.

UH, THIS WAS INITIATED BY THE PLANNING COMMISSION, UH, LAST NOVEMBER.

UM, IT COVERS, UH, ECONOMIC ITEMS AS WELL AS HOUSING.

AND THEN SEVERAL, UH, MISCELLANEOUS ITEMS. UM, UNDER ECONOMIC DEVELOPMENT, UH, THERE WERE THE TWO ITEMS, UH, WHERE WE HAD PUBLIC SPEAKERS.

UH, SO THE FIRST ONE WAS TO ALLOW RECYCLING CENTERS IN COMMERCIAL ZONES.

UM, AS OF RIGHT NOW, UH, WE ONLY ALLOW RESOURCE RECOVERY CENTERS, WHICH IS, UH, GLASS AND, UH, ALUMINUM CAN RECYCLING IN COMMERCIAL ZONES.

UM, THE MORE, UM, THE LARGER, UH, RECYCLING CENTERS WITH CARDBOARD, UH, E-WASTE, AS WELL AS METAL ARE ONLY ALLOWED IN THE HEAVY COMMERCIAL AND INDUSTRIAL ZONES.

UH, SO THE COMMISSION WAS OPEN TO EXPLORING THE OPTION OF ALLOWING RECYCLING CENTERS IN COMMERCIAL ZONES TO INCLUDE RECYCLING FOR CARDBOARD AND E-WASTE.

UM, THE PROPOSED CODE AMENDMENT WOULD, UH, CONTINUE TO REQUIRE A CONDITIONAL USE PERMIT.

SO IT WOULD COME, UH, IN FRONT OF THE PLANNING COMMISSION, UH, WOULD JUST INCLUDE THOSE ADDITIONAL OPTIONS TO INCLUDE THE E-WASTE AND CARDBOARD.

UH, THE NEXT ITEM IS, UH, THE PROHIBITION FOR INTOXICATING HEMP.

UH, SO WE HAD, UH,

[00:05:01]

SPEAKERS, UH, SPEAK, UM, IN, UH, SUPPORT OF, UH, PROHIBITING INTOXICATING HEMP.

UH, AS OF RIGHT NOW, UH, THE ZONING CODE DOES PROHIBIT, UH, CANNABIS OR MARIJUANA.

AND SO, UH, THE PROPOSED, UH, PROHIBITION FOR INTOXICATING KEMP WOULD ALIGN, UH, WITH THAT.

AND THEN UNDER THIS, I, I DUNNO IF YOU CATEGORIZE THIS AS ECONOMIC DEVELOPMENT, UH, OR UNDER THE MISCELLANEOUS CATEGORY.

BUT, UH, WE DID REALIZE, UH, IN OUR LAND USE TABLE THAT THERE WAS DIFFERENT CLARIFICATION OR DIFFERENT CLASSIFICATIONS FOR DANCE STUDIOS AS OPPOSED TO MARTIAL ARTS STUDIOS.

SO WE ARE JUST CLEANING THAT UP SO THAT MARTIAL ARTS AND DANCE STUDIOS ARE TREATED EQUALLY AND FAIRLY.

UM, UNDER HOUSING, WE HAVE QUITE A FEW UPDATES.

UH, WE'RE PROPOSING TO UPDATE THE DEFINITION FOR MULTI-FAMILY DWELLINGS TO INCLUDE TWO FAMILY DWELLINGS.

THAT'S REALLY A RESULT OF CHANGES IN STATE LAW, WHICH NOW SAY THAT IF YOU HAVE TWO ATTACHED DWELLING UNITS, UH, YOU QUALIFY FOR A CERTAIN NUMBER OF ADUS AND CERTAIN OTHER PROVISIONS.

SO WE'RE JUST CLEANING UP OUR DEFINITION, UH, TO ALIGN WITH STATE LAW.

UH, WE'RE ALSO PROPOSING TO REDUCE TRANSPARENCY REQUIREMENTS, UH, FOR BUILDING ELEVATIONS.

UM, SO WHEN WE ADOPTED OUR, UH, DESIGN GUIDELINES, UH, FOR SINGLE FAMILY DWELLINGS, WE INCLUDED A HIGHER REQUIREMENT FOR WINDOWS ON THE FRONT ELEVATION OF THE BUILDING.

UH, WHAT WE EXPERIENCED OVER THE LAST YEAR WAS THAT, UH, MANY, UM, ACCESSORY DWELLING UNITS WERE COMING IN AND THE FRONT ELEVATION WASN'T NECESSARILY FACING THE STREET, AND IT WASN'T VISIBLE FROM THE STREET.

AND, UH, WE HAD QUITE A FEW REQUESTS FOR, UM, TO GO THROUGH AN ADMINISTRATIVE ZONING PERMIT, UH, TO REDUCE THE AMOUNT OF TRANSPARENCY.

SO WHAT WE WOULD LIKE TO DO IS TO CLARIFY, UH, THE AMOUNT OF WINDOWS ONLY APPLIES.

UH, THAT HIGHER THRESHOLD ONLY APPLIES WHEN, UH, THE FRONT IS FACING THE STREET, AND IT WOULDN'T APPLY TO DWELLINGS THAT ARE BEHIND OTHER HOUSES OR BETWEEN HOUSES AND NOT VISIBLE.

UH, ONE OF THE MORE INTERESTING ASPECTS OF THE ZONING CODE UPDATE WAS THE PROPOSAL TO ALLOW MOVABLE, UH, TINY HOMES AS ADUS.

UM, SO IN THE ZONING CODE UPDATE, IT WOULD ALLOW THAT MOVABLE TINY HOME ON A CHASSIS THAT WOULD ESSENTIALLY QUALIFY, UH, AS A TRAILER.

UM, THERE'S DESIGN GUIDELINES IN THERE THAT WOULD REQUIRE CERTAIN TYPES OF SIDING, SKIRTING AROUND, UH, THE MOVABLE TINY HOME.

UM, IT WOULD REQUIRE CONNECTIONS TO ELECTRICITY AS WELL AS, UM, SEWER.

UM, THIS IS NOT IN ADDITION TO A DU REGULATIONS, IT WOULD ONLY BE ALLOWED AS A REPLACEMENT FOR AN A DU.

SO ESSENTIALLY THIS WOULD BE A MORE AFFORDABLE OPTION THAN CONSTRUCTING, UH, FROM GROUND UP, UM, A NEW ACCESSORY DWELLING UNIT.

UM, SO, UM, SO WE'RE PRO WE'RE PROPOSING TO MAKE THAT CHANGE, UH, FOR, UH, ADUS IS A NEW OPTION.

UM, ONE OF THE OTHER THINGS THAT CAME UP, UM, THERE WAS RECENT, UH, COUNCIL DIRECTION TO LOOK AT OPTIONS FOR, UM, COVERED, UH, PORCHES OR, UH, OUTDOOR, UM, CANOPIES, UM, IN FRONT YARDS AND IN REAR YARDS.

UH, WE TOOK A LOOK AT THE, UH, REGULATIONS FOR EXISTING, UM, COVERED PORCHES.

UM, AS OF RIGHT NOW, YOU CAN HAVE A PORCH THAT ENCROACHES INTO THE FRONT YARD SETBACK UP TO SIX FEET, BUT IT CAN'T BE COVERED.

AND SO WHAT WE'RE PROPOSING TO DO IS ALLOW THAT PORCH, UH, THAT'S ALREADY IN THE CODE RIGHT NOW TO BE COVERED, UH, AS AN OPTION.

SO I PUT IN THE, UM, AGENDA REPORT, UH, THIS EXAMPLE, UM, THIS IS NOT, UH, WITHIN THE CITY OF EL CAJON, UH, BUT IT'S A GOOD EXAMPLE OF A, UH, SINGLE FAMILY DWELLING, UH, JUST AS A STRAIGHT, UM, FACADE IN THE FRONT.

UM, YOU KNOW, TYPICALLY BUILT RIGHT AT THE 20 FOOT FRONT YARD SETBACK.

UM, YOU KNOW, WE HAVE THE OPTION HERE ON THE LOWER PICTURE WHERE YOU'RE ADDING THAT SIX FOOT FRONT PORCH, UM, ADDING, YOU KNOW, MORE DEFINITION AND, AND, UM, UH, HIGHER QUALITY, UH, DESIGN, UH, TO THE FRONT FACADE.

UM, SO WE WANTED TO, WE'RE PROPOSING, UH, TO ALLOW THAT AS A CHANGE TO THE CODE.

UM, WE ALSO SAW THAT THAT ALIGNS WITH, UH, SOME OF THE NEW DESIGN GUIDELINES THAT WE HAVE FOR THE ACCESSORY DWELLING UNITS, WHICH ENCOURAGED THE, UM, THE GARAGE FACE TO BE BEHIND THE FRONT OF THE HOUSE.

SO WE, WE SAW ALL OF THOSE KIND OF ASPECTS OF THE DESIGN GUIDELINES COMING TOGETHER.

UM, ALSO UNDER HOUSING, UH, WE HAVE HAD, UH, SOME ISSUES WITH ACCESSORY DWELLING UNITS WHERE, UM, PEOPLE ARE ASKING TO ATTACH, LET'S SAY, A NON INHABITABLE SPACE, BUT THINGS LIKE A, UM, LAUNDRY ROOM OR OTHER ACCESSORY SPACE.

UH, WHAT WE WANT TO DO IS CLEAN THAT SECTION OF THE CODE UP SO IT'S CLEAR THAT COVERED PORCHES OR LAUNDRY ROOMS ARE INCLUDED IN THE OVERALL 1200 SQUARE FEET MAXIMUM FOR AN ACCESSORY DWELLING UNIT.

UM, WE STILL, THE CODE STILL ALLOWS YOU TO ATTACH AN UP TO FOUR OR A TWO CAR GARAGE.

UH, WE JUST SPECIFIED IT AS A TWO CAR GARAGE.

THAT'S BEEN OUR PRACTICE, UH, EVER SINCE THE A D REGULATIONS WERE PUT INTO PLACE.

SO WE'RE JUST CLARIFYING,

[00:10:01]

UM, THAT, SO THAT PEOPLE AREN'T TRYING TO PUSH OUT THE ENVELOPE MUCH FURTHER THAN, THAN WHAT'S ALLOWED UNDER STATE LAW.

UM, WE ALSO HAVE A COUPLE CLEANUP ITEMS THAT WERE A RESULT OF THE GENERAL PLAN HOUSING ELEMENT.

UH, SO WE NEEDED TO, UM, MAKE A CHANGE TO THE CODE TO ALLOW DENSITY BONUS PROJECTS BY RIGHT, THAT WERE IDENTIFIED IN THE HOUSING ELEMENT SITE'S, INVENTORY UNDERPASS CYCLES.

SO WE'RE, UH, DOING THAT WITH THIS CODE UPDATE.

AND THEN WE'RE ALLOWING A LARGE FAMILY DAYCARE BY WRIGHT.

UH, THOSE ARE ALLOWED, UH, BY WRIGHT UNDER NEW STATE LAW.

AND SO, UH, WE'RE MAKING THAT CHANGE TO THE CODE.

UM, UNDER MISCELLANEOUS, WE'RE ALSO DOING A COUPLE CODE UPDATES THAT WERE IDENTIFIED IN THE SUSTAINABILITY INITIATIVE.

UH, I WAS A COUPLE YEARS AGO NOW, GOING BACK TO, UM, 2020 OR SO.

AND, UM, SO WE ARE PUTTING IN A CODE, UH, CHANGE TO REQUIRE POOL COVERS.

UM, THAT'S FOR ENERGY CONVERSA CONSERVATION.

UM, AND THEN WE'RE ALSO, UM, CLARIFYING PARKING LOT LANDSCAPING TO INCLUDE SHADE TREES.

UM, THAT WAS IT, IT'S ESSENTIALLY SPECIFIED IN THE CODE AS OF NOW.

UH, BUT WE WANTED TO MAKE IT CLEARER SO THAT, UH, WE GET A QUESTION FROM SOMEONE ABOUT WHETHER OR NOT IT'S REQUIRED.

WE'RE, WE'RE MAKING IT CLEAR WITH THIS, UH, WITH THIS CODE UPDATE.

AND THEN GETTING BACK TO THE TWO ITEMS OVER THE LAST TWO MONTHS THAT COUNCIL'S GIVEN US DIRECTION ON, THEY ASKED US TO LOOK AT, UH, SHADE STRUCTURES IN THE FRONT YARDS, AS WELL AS THE, UM, SO IN CONJUNCTION WITH THAT, THAT'S WHY WE PROPOSE THE CHANGE FOR THE COVERED, UH, PORCHES AND ENTRIES.

UM, WHAT WE'RE PROPOSING, UH, WITH TEMPORARY SHADE STRUCTURES IN FRONT YARDS, UH, IS SIMILAR TO WHAT'S ALREADY IN THE CODE RIGHT NOW, UH, FOR, UM, COVERED, UM, PARKING SPACES.

SO IN THE CODE RIGHT NOW, UM, THERE'S A SECTION THAT SAYS, WITH AN ADMINISTRATIVE ZONING PERMIT, YOU CAN GET A TEMPORARY SHADE STRUCTURE TO PUT OVER YOUR CAR IF YOU QUALIFY FOR IF YOU HAVE AN A DA PLACARD.

AND IF YOU DO NOT HAVE ANOTHER, UH, ENCLOSED GARAGE SPACE.

SO WHAT WE'RE PROPOSING TO DO IS TO EXPAND THAT SECTION TO SAY THAT YOU CAN ALSO HAVE A TEMPORARY SHADE STRUCTURE IN YOUR FRONT YARD.

IF, UH, IT WOULD'VE TO BE OUTSIDE, UH, OUTSIDE OF A 10 FOOT FRONT SETBACK AND OUTSIDE OF THE SIDE YARD SETBACK.

AND THEN YOU'D ALSO HAVE TO, EXCUSE ME, YOU'D HAVE TO MAKE SURE, UH, NOT HAVE ANOTHER PLACE IN YOUR REAR YARD, UH, WHERE YOU COULD PLACE IT.

SO ESSENTIALLY WHAT WE'RE SEEING IS MORE DEMAND FOR THESE TYPES OF STRUCTURES BECAUSE YOU HAVE ADUS THAT ARE BEING CONSTRUCTED IN REAR YARDS, UH, KIND OF TAKING A LOT OF THE OPEN SPACE UP.

AND THEN MAYBE IF YOU HAVE AN A DU AND THE PRIMARY DWELLING UNIT AND YOU'RE TRYING TO SEPARATE THOSE, UM, YOU KNOW, PRIVATE GATHERING SPACES.

UM, SO, UH, WE THINK IT'S A GOOD OPTION TO DO IT THROUGH THE ADMINISTRATIVE ZONING PERMIT AND THEN, UM, ALLOW IT WITH CERTAIN FINDINGS THAT THERE'S NOT ANOTHER OPTION THAT EXISTS, UH, FOR IT.

UM, IT WOULD PRE, UH, WOULD NOT ALLOW, UM, TELESCOPING POP-UP TENTS LIKE YOU SEE IN A PARKING LOT, YOU KNOW, BEFORE A, A BASEBALL OR A FOOTBALL GAME.

UH, IT WOULD REQUIRE A HIGH QUALITY WITH FOUR BY FOUR POSTS, UM, AND SIMILAR ARCHITECTURE TO THE HOUSE.

AND THEN THE LAST ITEM UNDER MISCELLANEOUS IS TO EXPAND OPTIONS FOR METAL AND WIRE FENCING GREATER THAN 42 INCHES IN HEIGHT.

UM, IN THE, UH, FRONT YARD SETBACK, UM, THE PROPOSED UPDATES TO THE CODE WOULD STILL, UM, EXCLUDE, UH, CHAIN LINK AND THEN OTHER WE CLASSIFIED AS MALLEABLE FENCING, BUT ESSENTIALLY THINGS LIKE CHICKEN WIRE.

UM, JUST TO GIVE SOME EXAMPLES, UM, THE COUNCIL WAS CONCERNED ABOUT, UM, THE CODE SECTION 'CAUSE IT, IT SPECIFIES ONLY ROT IRON FENCING AS THE EXCEPTION TO THE 42 INCH HEIGHT LIMITATION.

UM, THEY WANTED TO MAKE SURE THAT WE WERE ALSO ALLOWING ALUMINUM METAL FENCING OR OTHER TUBULAR METAL FENCING.

'CAUSE WROUGHT IRON IN AND OF ITSELF IS A SPECIFIC PRODUCT THAT'S OF A HIGHER EXPENSE AND QUALITY.

SO WHAT WE'VE DONE WITH THE CODE UPDATE IS TO SPECIFY IT'S NOT JUST WROUGHT IRON, IT INCLUDES THOSE OTHER TYPES OF, UH, METAL FENCING.

AND THEN THEY ALSO ASK US TO LOOK AT, UM, OTHER, UH, WIRE METAL FENCING.

SO IN THE EXAMPLE HERE ON THE BOTTOM LEFT WITH THE BROWN WOOD FENCE, YOU CAN SEE THAT'S MORE OF A, UM, LIKE HOG WIRE FENCE.

UM, I'M GONNA GIVE YOU TWO MORE EXAMPLES.

UM, SO ON THE LEFT HERE, UM, IS, UH, IT'S CALLED FOUR D UH, METAL FENCING.

THE FOUR D FENCING IS WHAT YOU'RE TYPICALLY SEEING NOW BEING PLACED AROUND, UM, STORM DRAIN CHANNELS AS WELL AS NEAR, UM, CALTRANS RIGHT OF WAY.

UM, AND THEN ON THE RIGHT, UH, YOU CAN SEE A COMBINATION, UH, WROUGHT IRON STYLE FENCE WITH SOME, UH, METAL, UM, MESH AS WELL.

UH, THAT'S AN ON EAST MADISON AVENUE AT WELLS PARK.

SO WHAT WE PROPOSED IS TO HAVE A MINIMUM GAUGE, UH, FOR THE METAL WIRE FENCING.

UH, IT WOULD BE AN EIGHT GAUGE.

UM, SO THAT'S THE HIGHER QUALITY THICKER

[00:15:01]

METAL FENCING.

AND THEN WE SPECIFY A MINIMUM OPENING SIZE.

UM, REALLY THAT'S TO ENSURE THAT THERE'S VISIBILITY.

SO WHEN PEOPLE ARE, UM, ENTERING OR EXITING DRIVEWAYS, THEY'RE ABLE TO SEE, UM, CHILDREN OR OTHER INDIVIDUALS FOR SAFETY PURPOSES.

SO THAT'S THE SUMMARY.

THERE'S SOME OTHER MISCELLANEOUS ITEMS THAT ARE IN THERE.

UM, BUT, UH, STAFF'S RECOMMENDATION IS THAT THE PLANNING COMMISSION RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE ZONING CODE UPDATE.

UH, HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

UH, QUESTION REAL QUICK.

UM, CAN YOU ELABORATE ON THE, THE SWIMMING POOL COVERS? WHAT IS THAT? IS THAT FOR COMMERCIAL PROPERTIES OR ARE YOU SAYING THAT EVERY RESIDENT IN ELCON HAS A POOL HAS TO COVER IT? IT WOULD BE A REQUIREMENT OF PERMITTING.

SO FOR ANY NEW, UM, PERMIT THAT IS APPLIED FOR, FOR A POOL, IT WOULD, UH, CONDITION WOULD BE ADDED, UH, TO ADD A POOL COVER PRIOR TO FINAL CONSTRUCTION OF THE POOL.

SO IT WOULDN'T BE RETROACTIVE TO ANY EXISTING POOL OWNERS.

IT WOULD ONLY APPLY TO NEW PERMITS THAT ARE ISSUED FOR POOLS.

SO IF MY NEIGHBOR NEXT DOOR WANTS A POOL, HE'S GONNA BE REQUIRED TO COVER IT, IS WHAT YOU'RE SAYING? YES.

AND IT DOESN'T, UM, IT, A LOT OF TIMES THE POOL COVERS CAN BE THOSE FLOATING COVERS, UM, YOU KNOW, THAT ARE, YOU JUST ROLL THEM UP AND YOU CAN PLACE THEM.

MM-HMM.

, UM, YOU KNOW, IT'S NOT, UH, IT WOULDN'T BE A LARGE ADDITIONAL EXPENSE.

UH, IT WOULDN'T BE LIKE HAVING TO PUT IN, YOU KNOW, A RETRACTABLE COVER, YOU KNOW, WITH A MOTOR OR ANYTHING ELSE.

IT COULD BE AS SIMPLE AS JUST HAVING A, A PLASTIC COVER TO RETAIN HEAT.

YEAH, I'VE HAD A COUPLE OF THOSE AND THEY DISINTEGRATE WITHIN LIKE SIX MONTHS.

UM, I'M NOT REAL COMFORTABLE WITH THE POOL COVERS GUYS.

I MEAN, THAT'S LIKE TELLING ME TO GO OUTSIDE.

I NEED TO PUT ON A JACKET, SOME POOL, SOME POOLS ARE VERY DIFFICULT TO COVER.

UM, THEY CREATE ALGAE, THEY CREATE MORE HEADACHES FOR THE POOL OWNERS.

UM, THEY COST MORE MONEY WHEN IT COMES TO THE POOL CLEANING COMPANY.

I'VE DEALT WITH POOL COVERS FOR 20 YEARS.

I'VE TRIED 'EM.

UM, I JUST, I'M JUST NOT COMFORTABLE WITH, WITH MANDATING POOL COVERS FOR SOMEONE'S POOL IN THEIR BACKYARD.

I'D LIKE TO SEE THAT NOT GO INTO THE, UH, THE UPDATE.

I DON'T KNOW WHAT YOU ALL SAY, BUT THAT'S JUST A LITTLE OVERREACHING IN MY OPINION.

CAN YOU ELABORATE MORE SPECIFICALLY AS TO THE WHY? WHEN I THINK OF POOL COVERS, I ALWAYS THINK OF MORE, 'CAUSE I HAVE KIDS, IT'S MORE FOR SAFETY PURPOSES.

IS IT, IT'S NOT, THIS SEEMS THAT THIS ISN'T FOR SAFETY, THIS IS MORE FOR WATER CONSERVATION ENERGY.

IS IS THAT YOUR, IS THAT THE END GAME OF THIS? YES.

IT WAS AN ITEM THAT WAS IDENTIFIED IN THE SUSTAINABILITY INITIATIVE WHEN IT WAS APPROVED BY THE CITY COUNCIL.

AND SO WE HAD A, WE, THERE'S A WORK PROGRAM THAT'S IN THE SUSTAINABILITY INITIATIVE THAT SAYS, UM, THAT WE WILL TAKE CERTAIN ACTIONS, UH, MOVING FORWARD.

UM, SO ONE OF THOSE, UH, WAS TO ADD A REQUIREMENT FOR POOL COVERS.

UM, WITH NEW PERMITS, LIKE I SAID, IT WOULD ONLY, IT WOULDN'T BE RETROACTIVE TO EXISTING POOLS ONLY FOR NEW POOLS THAT ARE BEING SUBMITTED.

UH, THE PURPOSE, UH, IS REALLY FOR ENERGY CONSERVATION.

IT, IT ALL GOES BACK TO REDUCING, UH, GREENHOUSE GAS EMISSIONS THROUGH THE SUSTAINABILITY INITIATIVE.

MY, JUST MY THOUGHTS ARE YOU GOT 20 POOLS ON THE STREET, A GUY PUTS A NEW ONE IN AND HE'S GONNA BE REQUIRED FOR A COVER, AND HIS NEIGHBORS AREN'T, YOU KNOW, I, I JUST DON'T KNOW IF POOL COVERS ARE DESTROYING THE PLANET RIGHT NOW OR NOT.

YOU KNOW, THEY ARE MADE OF PLASTIC, SO MAYBE THE RECYCLABLE, BUT, UH, OH, NO, NOT AFTER THEY COOK.

I KNOW WE, WE HAD A LITTLE POOL AND WE GOT ONE OF THOSE BUBBLE WRAP TYPE THINGS.

YEP.

MM-HMM.

TO FLOAT.

AND WHILE IT HELPED THE POOL STAY WARMER FOR THREE MONTHS, IT JUST DISINTEGRATED TOTALLY.

MICROPLASTICS, WHICH IS A HUGE PROBLEM, CAME RIGHT OFF OF THAT POOL COVER.

YEAH.

YEAH.

OKAY.

I'D, I'D BE INTERESTED IN, UM, EXPLORING THAT FURTHER.

I, I ALSO DON'T FEEL ENTIRELY COMFORTABLE MANDATING POOL COVERS.

MM-HMM.

, UH, I WOULD BE ALL FOR RECOMMENDING POOL COVERS AND GIVING NEW HOMEOWNERS, HEY, HERE ARE THE BENEFITS.

BUT, UH, MANDATING A POOL COVER, NOT ALL THERE.

YEAH.

AND I JUST THINK, I MEAN, BACK WHEN I WAS YOUNGER, THERE WAS A POOL COVER AND THE KID FELL IN THE POOL AND WE, IT WAS QUITE AN ORDEAL GETTING HIM OUTTA THE POOL COVER.

SO IT'S A SAFETY ISSUE AS WELL.

I MEAN, I WOULD SEE IF, IF THERE WAS SOME SORT OF DATA THAT SHOWED THAT, YOU KNOW, YOU'LL SAY, BUT WHO'S TO SAY THAT THESE PEOPLE WILL GET THEIR POOL COVER TO GET SIGNED OFF ON AND THEN NEVER USE IT AGAIN? I MEAN, IT'S NICE IN THEORY, BUT I, I DON'T KNOW HOW COST EFFECTIVE THAT WOULD REALLY BE.

YEAH.

ANYONE ELSE? HOW DETRIMENTAL IS IT TO HAVE A POOL COVER ? I MEAN, WHAT'S, UH, IS IT THAT IMPORTANT? I THINK WHAT I WOULD SAY IS THAT IT WAS A DIRECTIVE, UH, IN THE WORK PROGRAM AS PART OF THE SUSTAINABILITY INITIATIVE.

UM, YOU KNOW, IF THE COMMISSION FEELS DIFFERENT NOW, UM, YOU CAN CERTAINLY, UM,

[00:20:01]

YOU DON'T NEED TO RECOMMEND APPROVAL A POOL COVERS, UM, AS AN ALTERNATIVE, YOU KNOW, PROVIDING DIRECTING STAFF TO PROVIDE INFORMATION ON ENERGY SAVINGS MM-HMM.

, UM, THROUGH A HANDOUT, UH, FOR ANY PERSON THAT, UH, IS COMING IN WITH A POOL IS, IS CERTAINLY SUFFICIENT.

AND WE CAN YEAH, WE CAN REPORT THAT.

YEAH.

YEAH.

I THINK IT'S MORE OF A HEADACHE THAN, UH, THAN A BENEFIT.

YEAH.

I THINK, I THINK THE DIRECTIVE WOULD BE, HEY, YOU KNOW, HERE'S A LITTLE PAMPHLET ON WHAT A POOL COVER CAN DO FOR YOU IF YOU SO CHOOSE TO HAVE A POOL COVER.

.

I'VE, LIKE I SAID, I HAD 'EM FOR THE FIRST FIVE YEARS.

THEY, LIKE YOU SAID, THEY JUST DISINTEGRATED AND THEY WEREN'T GOOD.

UM, DID YOU GUYS HAVE ANY OTHER COMMENTS ON ANY OF THESE OTHER CODE AMENDMENTS? UH, NO.

DON'T I HAVE ONE MORE QUESTION? YEAH.

DO KIDS HIDE UNDER THE POOL COVER AND THERE'S A DANGER OF THEM DROWNING? YEAH.

UHHUH .

THAT WAS THE PROBLEM.

THAT'S A PROBLEM, RIGHT? YEAH.

I CAN, I CAN IMAGINE THAT HAPPENED.

DID, DID.

UNFORTUNATELY YOU DID GET THEM TO THE HOSPITAL, RIGHT? YEAH.

MAYBE, UH, THEY'LL DECREASE THE LIABILITY IF YOU MANDATE SOMETHING AND THEN SOMEBODY GETS INJURED BECAUSE YOU MANDATE IT.

UM, I HAVE A QUESTION, AND I KNOW IT'S NOT ON THESE, AND, AND IT MIGHT BE FOR WHEN WE GO THROUGH THE, THE, UH, STUFF WITH THE, WITH THE STATE.

UM, BUT CURRENTLY THERE'S A PROJECT, I WANNA SAY IT'S ON BALLANTINE.

IT LOOKS LIKE A APARTMENT COMPLEX THAT'S NOT, THAT STARTED GETTING BUILT AND NOW IT'S JUST THEY'VE STOPPED CONSTRUCTION EITHER VALENTINE, ARE YOU FAMILIAR WITH THAT ONE? YOU GOT GREENFIELD, YOU GO ALL THE WAY DOWN TOWARDS RIGHT BEFORE THE GREENFIELD OVERPASS.

AND ON THE LEFT HAND SIDE THERE'S, LOOKS LIKE IT'S MAYBE 50 TO A HUNDRED UNITS, FOUR STORY APARTMENT BUILDING, AND IT'S GOT WEEDS GROWING AROUND IT AND IT'S LOOKS LIKE CONSTRUCTION STOPPED.

ARE YOU FAMILIAR WITH THAT PROJECT? DOES THAT RING A BELL? I, I'M NOT FAMILIAR WITH THAT OFF THE TOP OF MY HEAD, BUT I'D BE HAPPY TO FOLLOW UP AND GIVE YOU MORE INFORMATION, UH, AFTER THE MEETING.

ARE YOU SURE IT'S ON FIRST? MAYBE IT'S FIRST.

IT'S FIRST.

IS IT FIRST IN GREENFIELD? YEAH, IT'S, IT'S ON THE, ON THE NORTH SIDE OF BROADWAY.

THERE'S, UH, IT LOOKS LIKE IT'S, IT LOOKED LIKE IT WAS A DECENT PROJECT, A DECENT SIZE OF SEVERAL UNITS THAT THEY'RE STILL IN THE STUD PHASE, I BELIEVE.

I THINK I KNOW WHAT YOU'RE TALKING ABOUT.

I BELIEVE FENCE AROUND IT LOOKS LIKE NO ONE'S THERE.

YEAH.

AND, AND THE CONSTRUCTION HAS LOOKED LIKE IT STALLED.

I DO KNOW WHAT YOU'RE TALKING ABOUT.

YEAH.

IT'S, AT FIRST DOES THAT, DOES THAT RING A BELL AT ALL? IT DOES NOT.

LET ME TAKE A LOOK AT THE MAP, BUT I CAN DEFINITELY FOLLOW UP AFTER THE MEETING.

YEAH, I WOULD LOVE TO KNOW WHAT'S GOING ON WITH THAT PROJECT.

IT, THE REASON WHY IS I JUST FEEL, UM, AND I DON'T KNOW IF THIS IS IN OUR ZONING CODE OR IF THIS IS SOMETHING THAT WE HAVE TO DIRECT OR, OR TALK TO COUNSEL ABOUT, BUT WE USED TO GET A PRETTY MUCH A HEADS UP ON EVERY NEW BI NEW BUILDING PROJECT THAT WAS OVER LIKE FIVE OR 10 UNITS, UH, APARTMENTS.

AND I DON'T KNOW IF WE HAD CHANGED THAT, BUT, UM, MY CONCERN IS THAT NOT ONLY WITH THE PUBLIC BUT WITH THE COMMISSION, IS THAT WE'RE NOT, WE'RE NOT SEEING THESE, THE PROJECTS ARE GETTING BUILT.

WE'RE STARTING TO SEE APARTMENTS COME BACK, HIGH DENSITY ALL OVER, AND THEY'RE NOT COMING BEFORE THE COMMISSION.

AND I'M A LITTLE CONCERNED ABOUT THAT BECAUSE OF INFRASTRUCTURE TRAFFIC.

UM, YOU KNOW, IS THE LAND BEING USED APPROPRIATELY? COULD IT BE USED BETTER FOR HOME OWNERSHIP? THOSE KIND OF THINGS.

WHAT, WHAT IS THE, WHAT ARE THE RULES NOW? LIKE IF SOMEONE COMES TO YOU WITH A 40 UNIT PROJECT, DOES IT NOT COME BEFORE THE COMMISSION ANYMORE? UM, ON OUR NEXT AGENDA ITEM, WE'RE DOING AN UPDATE ON SOME OF THE 2023, UH, HOUSING BILLS THAT HAVE BEEN PASSED BY THE STATE OF CALIFORNIA.

SO I CAN KIND OF DELVE INTO THAT A LITTLE BIT DEEPER.

THAT'S WHAT I WAS THINKING TOO, MAYBE.

UM, IT REALLY, UH, A LOT OF IT RELATES TO DENSITY BONUS PROJECTS, UH, WHERE THE STATE IS TELLING US THAT WE HAVE TO APPROVE THINGS, MINISTER WITH A PERMIT.

OKAY.

UM, BUT WHEN THEY ARE APPROVED NECESSARILY, UH, JUST WITH A PERMIT, UH, THEY HAVE TO MEET ALL OF THE, UM, UH, DEVELOPMENT STANDARDS THAT ARE APPLICABLE.

ALTHOUGH I WOULD NOTE THAT MANY, UM, DENSITY BONUS PROJECTS, UH, THEY, THEY QUALIFY FOR INCENTIVES AND CONCESSIONS.

UM, SO, SO THEY DON'T HAVE TO MEET THE STRICT ALL OF THE DEVELOPMENT STANDARDS.

OKAY.

I THINK YOU'RE RIGHT.

I THINK THAT'S PROBABLY BETTER TO TALK ABOUT IN THE NEXT AGENDA ITEM.

OKAY.

ALRIGHT.

UM, ANY OTHER, YEAH, NO, GO AHEAD.

THE FIRST CIRCLE, JUST JUST A QUICK QUESTION.

I KNOW THAT A LOT OF TIMES THEY HAVE THOSE, UM, PREBUILT PREFABBED, YOU KNOW, UNITS THAT YOU COULD THROW BEHIND.

SO IF THOSE DON'T HAVE TO HAVE THE SAME REGULATIONS AS SOMETHING AS YOU COULD SEE THROUGH FROM THE STREET CORRECT.

UNDER WITH THE A DU GUIDELINES.

SO OUR DOES, SO THERE'S, WE'LL TALK ABOUT THIS ONE OKAY.

IN THE, IN THE NEXT ONE AS WELL.

BUT THE, UM, UH, THERE'S A STATE EXEMPT A DU OF 800 SQUARE FEET WHERE, UM, YOU DON'T HAVE TO MEET THE DESIGN GUIDELINES.

UH, IT JUST, WE, THEY HAVE TO BE PERMITTED BY THE CITY.

OKAY.

UM, SO, UM, THOSE AS A STATE EXEMPT, A DU, UM, YOU COULD DO A MANUFACTURED UNIT AND YOU COULD PLACE IT IN A BACKYARD.

OKAY.

UH, OTHERWISE THEY HAVE TO MEET THE DESIGN STANDARDS.

MM-HMM.

PERFECT.

BUT UNDER 800

[00:25:01]

BUT 800 SQUARE FEET OR LESS.

CORRECT.

YES.

AND THEN YOU MENTIONED THE TINY HOMES ON THIS UPDATE.

MM-HMM.

THE TINY HOMES, HOWEVER, THEY HAVE TO BE HARD PLUMBED, CORRECT.

HARDWIRED RIGHT? YES.

THEY WOULD HAVE TO CONNECT TO ELECTRICITY AND TO THE SEWER SYSTEM.

OKAY, GREAT.

UM, AND IS THERE A FINAL ON THOSE? IT WOULD JUST BE, UM, SO THEY, THEY DON'T ACTUALLY QUALIFY FOR HOUSING CONSTRUCTION 'CAUSE THEY'RE PERMITTED, UM, NOT THROUGH THAT PROCESS.

THEY'RE PERMITTED ESSENTIALLY AS A TRAILER.

UM, SO THERE WOULD BE A PERMIT, UM, TO CONNECT TO THE SEWER AND TO ELECTRICITY.

AND WE WOULD FINAL THAT PERMIT FOR THE CONNECTION ESSENTIALLY ALMOST THE SAME AS A A, A TRAILER PARK OR AN RV PARK.

RIGHT.

AND, AND, AND THERE WOULD BE AN INSPECTION INVOLVED, I ASSUME? YES.

OKAY.

GOOD.

OKAY.

THANK YOU.

YEP.

ALRIGHT.

UM, YOU DID ANSWER MY, ONE OF THE QUESTIONS I HAD COMING IN, WHICH WAS WHAT HAPPENED TO DANCE STUDIOS? 'CAUSE I JUST SAW THE PLACE WHERE IT WAS STRICKEN AND I DIDN'T SEE WHERE IT GOT PUT BACK IN.

UM, YEAH, THAT WAS ADDED TO SPECIAL TRAINING IN SCHOOLING.

UH, IT JUST, IT HAD ITS OWN OH, OKAY.

IT HAD ITS OWN DEFINITION AND UNDER SPECIAL TRAINING IN SCHOOLING IT INCLUDED MARTIAL ARTS, BUT EXCLUDED, UH, DANCE STUDIOS AND THEN THEY WERE SEPARATELY REGULATED AND WE JUST DIDN'T THINK THAT MADE SENSE ANYMORE.

WELL, I APPRECIATE THAT.

UM, I LOVE THE COVERED PORCHES AMENDMENT, THE CHANGE, UH, BECAUSE I WAS LOOKING AT WHAT PORCHES ARE ALLOWED AND WHAT AREN'T, AND YOU COULD HAVE A DECK COMING SIX FEET OUT AND YOU COULD HAVE THE ROOF OVERHANG COME OUT, BUT THE SECOND YOU PUT A POST FROM THE TOP TO THE BOTTOM TO SUPPORT IT, IT BECAME THE FRONT WALL.

SO THIS WILL GIVE OPPORTUNITY FOR A LOT OF 1940S BUILDS TO ACTUALLY PUT A NICE FRONT ON THEIR PROPERTY.

YEAH.

YEAH.

UM, I DO HAVE A SLIGHT CONCERN.

UH, EVERY TIME WE TALK ABOUT THE TEMPORARY SHADE STRUCTURES OR THE TEMPORARY SHADE FOR PARKING IN THE DRIVEWAY, THERE ARE SOME REALLY NICE PERMANENT PARKING SHADE STRUCTURES.

UH, AND IT SOUNDS LIKE WE'VE UPDATED WHAT A TEMPORARY SHADE STRUCTURE CAN BE, BECAUSE I KNOW POPUPS AREN'T ALLOWED, BUT THERE ARE A LOT OF PEOPLE WHO JUST GET THE TUBULAR METAL WITH THE CANVAS, EXCEPT IT'S NOT CANVAS ANYMORE AND IT SHREDS AFTER A YEAR.

UM, MAYBE MOVING FORWARD WE COULD UPDATE THE TEMPORARY, BECAUSE I HEARD YOU SAY THAT THESE TEMPORARY SHADE STRUCTURES ALLOWABLE IN THE FRONT YARDS NEED TO MATCH THE ARCHITECTURAL STYLE OF THE HOUSE.

AND I'M KIND OF CURIOUS, HOW TEMPORARY ARE WE TALKING? I THINK WHERE WE'RE SEEING THE REQUESTS IS REALLY, UM, IT, IT COMES TO THE PREFABRICATED STRUCTURES THAT YOU WOULD SEE LIKE AT A COSTCO OR A SAM'S CLUB MM-HMM.

, UH, WHERE THEY HAVE THE FOUR BY FOUR POSTS AND THEN MAYBE THEY HAVE A METAL SEAM ROOF, UH, THAT ARE ON TOP OF THEM.

LIKE AGAINST SIBO TYPE.

YES.

OKAY.

UM, SO THOSE ARE THE TYPES OF STRUCTURES THAT PEOPLE ARE COMING IN AND THEY'RE AFFORDABLE, UM, AT THOSE, UM, WAREHOUSE TYPE STORES.

AND THEY'RE FAIRLY EASY TO INSTALL.

THAT'S REALLY, I THINK, WHERE THE DEMAND'S COMING FROM.

AND SO I THINK WE'RE TRYING TO BE, UM, FLEXIBLE IN MEETING THE NEEDS OF, OF, UH, WHAT PEOPLE ARE WANTING TO DO ON THEIR PROPERTIES, BUT DOING SO IN A MANNER THAT STILL MAINTAINS THOSE AESTHETICS THAT, THAT WE WANT TO SEE.

OKAY.

SO THEY'RE TEMPORARY IN THE FACT THAT THEY'RE NOT NECESSARILY POURING A FOUNDATION AND CONCRETE ANCHORS, BUT THEY'RE PERMANENT STYLE? YES.

AND THE WAY THE CODE HAS BEEN PROPOSED TO BE CHANGED IS IT WOULD STILL REQUIRE AN ADMINISTRATIVE ZONING PERMIT.

UM, SO IT WOULD BE ROUTED TO THE BUILDING OFFICIAL.

THE BUILDING OFFICIAL WOULD TAKE A LOOK AT IT AND COULD, UH, REQUIRE ANY MEASURES DEEMED NECESSARY FOR SAFETY OR SECURITY.

WHETHER THAT'S, YOU KNOW, ANCHORING THE STRUCTURE DOWN OR REQUIRING IT TO BE, UM, YOU KNOW, BASED ON THE SIZE OR WEIGHT.

IT COULD ALSO REQUIRE, UM, A FOOTING OR FOUNDATION FOR ATTACHMENT.

ALRIGHT.

AND THEN, UH, WITH ANY A ZP ALSO, SORRY, THAT COULD BE, UM, APPEALED.

SO IF, UM, IF, IF, UM, IF THE HOMEOWNER, UM, DIDN'T AGREE WITH ANY OF THE CONDITIONS OR THOUGHT THAT THEY WERE TOO ONEROUS, THEY COULD APPEAL THAT AND WE COULD BRING IT TO THE PLANNING COMMISSION FOR YOUR REVIEW.

OKAY.

I THINK THOSE WERE ALL THE THINGS I HAD QUESTIONS ON.

THANK YOU.

ANYBODY ELSE? ALRIGHT, THANK YOU.

ALRIGHT, WELL IT LOOKS LIKE, SO WE HAD ONE ITEM THAT WE WANTED TO ADJUST, AND I THINK NOAH GOT SOME GOOD WORDING IN THERE ON THE POOL COVERS TO DELIVER INFORMATION TO PROJECT OWNERS ON POOL STRUCTURE, POOL COVERS AND THEIR BENEFITS RATHER THAN MANDATING POOL COVERS.

YEP.

YEP.

UM, SO THAT'S THE BIG, I THINK THAT WAS THE ONLY THING WE ASKED FOR A CHANGE IN.

YEP.

FOR THE RECORD, COULD YOU VOTE ON THAT? OH, SORRY.

A

[00:30:01]

AS SORRY IF I MAY.

AND I BELIEVE WE DO HAVE ONE, UM, SPEAKER, UH, FOR THIS ITEM.

OH, DID YOU WANNA COME FORWARD AND SPEAK ? WE'RE OPENING PUBLIC COMMENT.

YES, WE ARE OPENING PUBLIC COMMENT.

GOOD EVENING.

MY NAME IS GINA AUSTIN AND, UM, A-U-S-T-I-N.

THANK YOU FOR TAKING THE TIME TO ALLOW ME TO SPEAK ON THE NON-CONTROVERSIAL INTOXICATING HEMP PORTION OF THE CODE AMENDMENTS.

UM, I, I AM IN FULL SUPPORT OF WHAT STAFF HAS PROPOSED.

WHAT WE HAVE FOUND MOST RECENTLY, HOWEVER, IS THAT JUST LIKE SPICE AND THE BATH SALTS OF YESTERDAY, THE CREATIVE, UM, HOW WOULD YOU SAY SCIENTISTS, UH, ARE CONSTANTLY REVIVING AND CHANGING AND MODIFYING WHAT THEY'RE DOING WITH THE HEMP.

AND SO IN OTHER JURISDICTIONS, WE ARE PROPOSING TO ADD TO THE DEFINITION OF WHAT'S BEING BANNED.

ANY SYNTHETIC CANNABINOID, MEANING ANYTHING YOU DO TO THAT PLANT THAT YOU SYNTHETICALLY DERIVE SHOULD BE BANNED AS WELL.

AND THAT HELPS TO CLOSE THAT LOOPHOLE.

I HAVE PROPOSED SOME LANGUAGE.

I HAVE PROVIDED IT TO MR. ALVY.

IT WAS VERY LATE IN THE GAME.

HE DID NOT HAVE A CHANCE TO REVIEW IT.

I BELIEVE THAT STAFF IS IN SUPPORT OF THIS.

WE WOULD REC, WE REQUEST THAT THE PLANNING COMMISSION ALSO SUPPORT, UH, IN ADDITION TO THE DEFINITION OF INTOXICATING HEMP, THAT WOULD INCLUDE A FIFTH ITEM UNDER THAT SUBPOINT TO ALSO BAN IN SYN, UH, SYNTHETIC CANNABINOIDS.

AND THEN DEFINING THE SYN SYNTHETIC CANNABINOID.

AND I HAVE A DEFINITION, I PROVIDED IT TO STAFF, BUT I CAN ALSO PROVIDE IT TO YOU.

BUT OTHER THAN THAT, WE'RE IN FULL SUPPORT AND WE REALLY APPRECIATE, UH, THE PLANNING COMMISSION TAKING THE TIME TO LOOK AT THIS AND TO STOP THIS PUBLIC HEALTH CRISIS FROM OUR CITY.

THANK YOU.

GREAT.

THANK YOU.

ALRIGHT, STAFF, UH, DO YOU HAVE THAT INFORMATION? YES.

UH, STAFF HAS THAT INFORMATION AND IF THE PLANNING COMMISSION, UM, IS WILLING TO ENTER, ENTERTAIN THAT, UH, CONCEPT, UH, THAT COULD BE MADE, UH, PART OF A MOTION.

UM, I SHOULD ALSO ADD, UH, THAT, UM, IN ADDITION TO THE SPEAKER, UH, WE DID HAVE TWO, UH, EMAIL CORRESPONDENCE THAT CAME THROUGH.

WE PLACED THOSE AT YOUR DAIS THAT WERE IN SUPPORT OF INTOXICATING HEMP, UM, PROHIBITIONS AS WELL AS, UH, THE OTHER AMENDMENTS TO THE CODE.

OKAY.

AND THEN I DID ALSO WANT TO ACKNOWLEDGE THERE WAS A FEW, UM, TYPOGRAPHICAL ERRORS, UM, IN THE STAFF REPORT AT THE END THAT, UH, OCCURRED, UM, AS PART OF THE AGENDA, BUT THERE'S NOTHING OF SUBSTANCE.

UM, SO WE WILL CORRECT THOSE AS WELL.

YEAH.

I THINK WE SHOULD ADD THE, THE, THE SYNTHETIC CON CANNABINOIDS, OR I'M SURE A STEP AHEAD, HOWEVER YOU SAY IT.

I, I'M CURIOUS, WHAT, WHAT IS THE DEFINITION OF A OID? DO YOU HAVE THAT DEFINITION THAT THE SPEAKER, UH, GAVE? DOES THAT INCLUDE THAT STUFF LIKE CRETO? I SEE THESE SIGNS THAT SAY THE WORD CRETO.

I DON'T KNOW WHAT THAT IS.

I DON'T KNOW IF I'M SAYING IT RIGHT.

KRAKEN.

CRETO, DOES THAT INCLUDE THAT? THAT'S A, THAT'S SOMETHING NOT FROM THE YEAH.

COME BACK UP.

THAT'S SOMETHING NOT FROM THE HEMP PLANT.

UH, THE HEMP PLANT ITSELF, WHICH IS THE SAME PLANT AS THE CANNABIS OR WEED PLANT.

RIGHT.

UM, BUT, AND MR. ALVY, IF YOU WANT, I HAVE THE DEFINITION THAT I PROVIDED YOU RIGHT HERE, IF YOU WANT ME TO READ IT, THAT'D BE GREAT.

UM, A SYNTHETIC CANNABINOID WOULD BE A SUBSTANCE THAT IS DERIVED FROM A CHEMICAL REACTION THAT CHANGES THE MOLECULAR STRUCTURE OF ANY SUBSTANCE SEPARATED OR EXTRACTED FROM THE PLANT.

CANNABIS SATIVA L WHICH IS THE MARIJUANA PLANT, ESSENTIALLY.

UM, SO THE CANNABINOIDS, UH, FOR YOUR REFERENCE ARE ALL OF IT'S THE THC IS ONE CANNABINOID.

CBD IS ANOTHER CANNABINOID.

H THERE'S A LOT OF DIFFERENT CANNABINOIDS.

THE PLANT HAS SOME 2000 ISH, I THINK THE NUMBER IS, UH, DIFFERENT CANNABINOIDS.

AND SO IF IT COMES OUTTA THE PLANT, IT'S ONE THING.

IF IT'S INTOXICATING, THE DEFINITION IS ALREADY SAYING THAT'S NO, NOT OKAY.

BUT WHAT THE CREATIVE, UM, SCIENTISTS HAVE DONE IS THEY'VE TAKEN THE CBD OUTTA THE PLANT AND THEN THEY SYNTHETICALLY MODIFIED IT TO CREATE ALL OF THESE DIFFERENT INTOXICANTS LIKE THEY DID WITH THE BATH SALTS.

OKAY, GREAT.

THANK YOU.

OKAY.

THAT'S GOOD.

I AGREE WITH THAT DEFINITION.

OKAY.

YEP.

YEP.

AND KEEP ONE STEP AHEAD OF THE CREATIVE SCIENTISTS.

YEAH.

IF YOU CAN .

ALRIGHT.

UM, OKAY.

WITH THAT BEING SAID, WE HAVE A COUPLE, BARBARA, WERE YOU SAYING YOU'D LIKE TO DO INDIVIDUAL MOTIONS OR JUST WRAP IT ALL UP INTO A ONE? YOU COULD DO ONE.

OKAY.

DO YOU WANT INDIVIDUAL ONES?

[00:35:03]

SORRY, MR. CHAIRMAN, I WAS JUST GONNA SAY YEAH, UH, AS WELL.

TWO, UH, PLEASE REMEMBER TO CLOSE THE PUBLIC HEARING.

OH, THANK YOU.

YEAH.

MOTION TO CLOSE PUBLIC HEARING.

SECONDED.

ALRIGHT.

MOTION MADE BY COMMISSIONER MOROSE, SECOND BY COMMISSIONER CIRCO, PLEASE VOTE.

ALRIGHT.

THANK YOU FOR THAT.

MOTION CARRIES HUMANA BY UNANIMOUS VOTE.

I THINK MR. CHAIRMAN, UH, A SINGLE MOTION, UH, I THINK WOULD BE SUFFICIENT.

UM, SO, UH, JUST TO REITERATE, I THINK WHAT, UH, COMMISSIONER CIRCO HAD ASKED EARLIER, UM, I THINK THE RECOMMENDATION FROM STAFF BASED ON THE FEEDBACK WOULD BE TO, UM, TO STRIKE THE POOL COVER REQUIREMENT FROM THE CODE UPDATE AND DIRECT STAFF TO PROVIDE MATERIALS TO ANYONE OBTAINING A PERMIT FOR A NEW POOL ABOUT THE BENEFITS OF ENERGY SAVINGS FROM POOL COVERS.

MM-HMM, .

OKAY.

AND THEN TO INCORPORATE, UH, THE ADDITIONAL DEFINITION, UH, AS READ INTO, UH, THE CODE OR READ INTO, UM, TONIGHT'S, UH, AGENDA, UH, WITH REGARDS TO, UM, THE INTOXICATING HIM.

PERFECT.

OKAY.

GREAT.

ALRIGHT, WELL, I'LL TELL YOU WHAT, UH, WHY DON'T I TAKE A STAB AT THIS, THEN I MOVE, UH, TO ADOPT THE NEXT RESOLUTION ORDER, RECOMMEND CITY COUNCIL APPROVE OF THE PROVO PROPOSED ZONING CODE AMENDMENT NUMBER ZCA 2 0 2 4 DASH 0 0 1 WITH AMENDMENT STRIKING THE POOL COVER MANDATE, AND, UH, ALLOWING THE CITY TO PROVIDE THE APPLICANTS WITH INFORMATION ON ENERGY SAVINGS AS WELL AS EXPANDING THE PROHIBITION ON THE SYNTHETIC HEMPS TO INCLUDE, UH, THE DEFINITION OF CANNABINOIDS.

AND HOW'S THAT SOUND? UH, MR. CHAIRMAN, YOU SAID 0 0 1, BUT IT'S 0 0 0 2.

0 0 0 1.

0 0 0 1 IS WHAT I HAVE.

OH, I HAVE TWO HERE.

I APOLOGIZE.

THAT WAS ONE OF OUR, UM, MINOR TECHNICAL HEIRS.

UH, BUT, UH, 2024 DASH 0 0 0 1.

WE, WE, IS THAT CORRECT? YES, WE, UH, RENUMBERED IT, UH, SINCE IT, IT WAS PREVIOUSLY NUMBERED FOR THE 2023 NUMBER.

OKAY.

AND WE RENUMBERED IT TO 2024.

OKAY.

OKAY.

I HAD THE WRONG ONE.

IT WOULDN'T BE CONFUSING FOR THE YEAR.

GOOD CATCH.

APOLOGIZE FOR THAT.

SO, UH, SO THAT IS THE, UH, THE RESOLUTION AS STATED.

I SECOND IT.

ALRIGHT.

MOTION MADE BY COMMISSIONER MONROE, SECONDED BY COMMISSIONER P*****K.

RUD, PLEASE VOTE.

OH, I APOLOGIZE.

MAY I GET YOU TO ? START OVER.

MY FINGER WAS A LITTLE QUICK.

THERE YOU GO.

MOTION CARRIES BY UNANIMOUS VOTES.

ALL RIGHT, THANK YOU.

ALRIGHT, AGENDA

[3. OTHER ITEMS FOR CONSIDERATION]

ITEM NUMBER THREE.

THANK YOU.

UH, 2023 HOUSING BILLS UPDATE INFORMATION ONLY.

IT IS CQA EXEMPT AND STAFF RECOMMENDATION IS TO ACCEPT THE REPORT.

UH, THANK YOU MR. CHAIRMAN.

UM, SO WE WANTED TO GIVE YOU AN OVERVIEW OF SOME OF THE RECENT HOUSING BILLS THAT HAVE BEEN COMING THROUGH AND SOME OF THE CHANGES IN STATE LAW.

UM, REALLY FOR THE EXPRESS PURPOSE THAT YOU STATED MR. CHAIRMAN ABOUT.

YOU KNOW, WHEN YOU DRIVE BY A CERTAIN PROJECT, YOU'RE LIKE, WOW, WHY DID THAT GET PERMITTED? OR, YOU KNOW, WHY, UM, YOU KNOW, AREN'T THEY PROVIDING PARKING FOR THAT PROJECT? UM, YOU KNOW, FOR ANY OF THOSE QUESTIONS, OBVIOUSLY I WOULD ENCOURAGE YOU TO REACH OUT TO ME DIRECTLY.

I'M ALWAYS HAPPY TO PROVIDE INFORMATION ABOUT ANY PROJECT THAT'S UNDER CONSTRUCTION IN THE CITY AT ANY TIME.

UM, IF THERE'S QUESTIONS AND, YOU KNOW, IF THERE'S, UM, CONCERNS THAT ARE COMING UP AND WE WANT TO SCHEDULE SOMETHING ON A FUTURE AGENDA FOR FURTHER DISCUSSION, WE, WE CERTAINLY CAN.

UM, ONE OF THE THINGS THAT I ALLUDED TO EARLIER, UH, WAS, UH, SOME OF THE HOUSING BILLS, UH, THAT ARE RELATED TO DENSITY BONUS PROJECTS.

UM, THESE ARE PRETTY TECHNICAL.

UM, UH, BUT THE FIRST ONE HERE, SB 4 23, UM, IT EXTENDED SB 35, WHICH WAS THE ORIGINAL, UH, UPDATE TO THE DENSITY BONUS REGULATIONS.

UM, IT EXTENDED, UH, THE CQA EXEMPTION FOR THOSE PROJECTS AND, UH, REQUIRES, CONTINUES TO REQUIRE A MINISTERIAL APPROVAL PROCESS.

SO THAT MEANS THAT IF SOMEONE COMES THROUGH WITH A CERTAIN TYPE OF DENSITY BONUS PROJECT, WE AS THE CITY ARE MANDATED JUST TO ISSUE THEM A PERMIT.

UH, AND WE CAN'T TAKE ANY DISCRETION.

WE JUST HAVE TO GO DOWN THE LIST AND CHECK THE BOX FOR EVERYTHING THAT THEY'RE DOING.

IT COMPLIES WITH STATE LAW.

WE HAVE TO ISSUE THEM A PERMIT.

UM, AB 1287, UM, EXPANDS THE, UH, DENSITY BONUS MAXIMUM, UH, TO BE CONSISTENT WITH THE GENERAL PLAN OR WITH SPECIFIC PLAN OR ZONING, WHICHEVER HAS THE GREATEST DENSITY.

SO THIS IS, UM, UNIQUE FOR, UM, SO I'LL GIVE YOU AN EXAMPLE.

IN THE CITY'S, UM, GENERAL PLAN FOR LOW DENSITY RESIDENTIAL, UM, THE TYPICAL SINGLE FAMILY LOT IS

[00:40:01]

6,000 SQUARE FEET, WHICH EQUATES TO ABOUT 7.2 UNITS, UH, PER ACRE.

UM, THE GENERAL PLAN DESIGNATION THAT'S CONSISTENT WITH THAT ZONING ALLOWS UP TO 10 DWELLING UNITS PER ACRE.

SO ESSENTIALLY WHAT THIS BILL WOULD DO WOULD ALLOW YOU TO CALCULATE BASED ON THE GENERAL PLAN DENSITY, NOT THE ZONING DENSITY.

SO IT'S JUST A LITTLE TWEAK THAT THE STATE'S MAKING JUST TO BE ABLE TO BUMP UP THOSE HOUSING NUMBERS A LITTLE BIT MORE.

UM, ANOTHER ONE, UM, IS SB FOUR.

UH, THIS NOW REQUIRES A MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE HOUSING AT EDUCATIONAL AND RELIGIOUS INSTITUTIONS.

UH, WE ARE SEEING SOME, WE'VE HAD SOME CONVERSATIONS WITH, UM, SEVERAL RELIGIOUS INSTITUTIONS THAT ARE KIND OF INTERESTED IN DEVELOPING, UM, AFFORDABLE HOUSING, UM, ON THEIR CAMPUSES.

UM, IT WOULD ESSENTIALLY, THIS BILL ALLOWS THAT BY, RIGHT? YOU JUST, AGAIN, HAVE TO GO DOWN THE LIST AND CHECK THE BOXES AND YOU'RE ELIGIBLE AND THERE WOULD BE NO, UM, NO DISCRETION, UH, FROM STAFF AND NO ABILITY TO, YOU KNOW, BRING THAT IN FRONT OF THE PLANNING COMMISSIONER, CITY COUNCIL.

SO THESE ARE ALL STATE MANDATES, AND SO STATE LAW BEING IMPLEMENTED, THAT JUST TAKES AWAY OUR LOCAL DISCRETION.

LET ME, LET'S STOP YOU RIGHT THERE.

I WAS GONNA SAY IF THERE'S QUESTIONS ON ANY OF THOSE YEAH, YEAH.

STOP YOU RIGHT THERE.

ASK QUESTIONS.

SO, SO WHEN, UH, WHEN WE, UH, BECAME PLANNING COMMISSIONERS, WE SAID WE WERE GONNA PROTECT THE CONSTITUTION OF THE UNITED STATES AS WELL, THE STATE CONSTITUTION.

UM, AND USUALLY THE CONSTITUTION IS SET UP TO PROTECT, UH, CITIZENS AGAINST OVERREACHING GOVERNMENT.

UM, SO MY QUESTION IS, HAS ANY OF THIS STUFF BEEN CHALLENGED OR IS THERE A CLASS ACTION WITH CITIES NOW THAT CITIES ARE LOSING A RIGHT.

SO BASICALLY, I GOT A GUY UP IN SACRAMENTO TELLING ME WHAT'S BEST ON MOLLISON AND EAST MAINE.

HE MUST KNOW MORE THAN YOU GUYS DO.

SO MY QUESTION IS, IS THERE ANY, IS THERE ANY PUSHBACK YET ON THIS? AND WHAT CAN WE DO TO PUSH BACK ON THIS WELL, IN ADVANCE OF THESE BILLS BEING ADOPTED? UM, YOU KNOW, THIS, THE CITY, UM, THROUGH THE LEAGUE OF CALIFORNIA CITIES, THE LEAGUE OFTEN WILL OPPOSE A LOT OF THESE BILLS THAT TAKE AWAY, UM, LOCAL REGULATIONS.

UH, BUT WITH THE SUPER MAJORITY, UM, IN THE, IN THE STATE HOUSES, UM, A LOT OF THESE BILLS CONTINUE TO, TO BE PASSED.

UM, I WOULD SAY FROM JUST A, FROM MY PERSPECTIVE, UM, I THINK A LOT OF TIMES SOME OF THE BILLS ARE COMING FROM THE CONTEXT OF MAYBE, UM, AN, AN URBAN SAN FRANCISCO ENVIRONMENT THOUGHT PROCESS OF WHERE SOMETHING THAT MAKES SENSE THERE MM-HMM.

.

UM, AND THEY'RE TRYING TO EXTEND THAT ALL ACROSS THE STATE WHERE OBVIOUSLY IT DOESN'T MAKE AS MUCH SENSE, UH, WITHIN OUR, OUR LOCAL ENVIRONMENT.

UM, WITH THAT SAID, FOR THESE THREE BILLS HERE, UH, WITH IT, WHEN IT COMES TO DENSITY BONUS, UH, WE HAVEN'T SEEN, UH, MANY, UH, REQUESTS FOR THESE TYPES OF PROJECTS.

MM-HMM.

, UM, JUST BECAUSE WE HAVE, UM, ESSENTIALLY IT BOILS DOWN TO NATURALLY OCCURRING AFFORDABLE HOUSING.

SO JUST BASED ON EXISTING MARKET RATES, UM, THERE JUST HASN'T BEEN A DEMAND FOR THESE TYPES OF PROJECTS.

MM-HMM.

, UM, A LOT OF THESE BILLS ALSO REQUIRE, UH, THE PAYMENT OF PREVAILING WAGE IN ORDER TO BE ELIGIBLE, UM, TO, UH, FOR THE DENSITY BONUS.

AND A LOT OF TIMES IT MAKES IT, UH, FINANCIALLY INFEASIBLE FOR THE DEVELOPER TO PAY PREVAILING WAGE, UM, AND CONSTRUCT THE AFFORDABLE HOUSING PROJECT, UM, IN ORDER ESSENTIALLY THE RENTS, UM, THAT WOULD BE, UM, COLLECTED IN CONJUNCTION WITH THE DENSITY BONUS AT THE AFFORDABLE RATES ISN'T ENOUGH TO PAY PREVAILING WAGE TO BUILD THE PROJECT.

ISN'T THAT, ISN'T THAT HILARIOUS? THEY WANT IT TO BE A UNION JOB.

RIGHT.

AND, AND, AND, AND AT THE SAME TIME, YOU KNOW, THEY'VE, THEY'VE CUT OFF THE BACK COUNTRY FROM DEVELOPMENT BECAUSE THEY THINK EVERYONE JUST WANTS TO LIVE IN THE 800 SQUARE FOOT APARTMENT FOR THEIR WHOLE LIFE AND TAKE PUBLIC TRANSPORTATION.

RIGHT.

UM, I, I, I AGREE WITH CHAIRMAN MOROSE.

YOU KNOW, ALL THESE BILLS ARE CHIPPING AWAY AT THE CONSTITUTION, SO PRETTY SOON IT'S LIKE, UH, YOU KNOW, COOKING A FROG, YOU KNOW, LITTLE ALL THE TIME BEFORE YOU KNOW, THE FROG IS DEAD.

SO WE'RE MAKING MINCE MEAT TO THE CONSTITUTION.

THE LEGISLATURES ARE NOT, WE, UH, ARE HERE AT THIS AND TAKEN AWAY THE RIGHTS OF THE PEOPLE, THE WHO LIVE IN THE COMMUNITY TO DETERMINE FOR THEMSELVES WHAT THEIR COMMUNITY SHOULD LOOK LIKE OR WHAT THE COMMUNITY SHOULD BE.

SO WHAT HE'S SAYING IS, WHEN WHEN IS THE CITY'S GONNA STAND UP AND SAY WHAT YOU'RE DOING IS UNCONSTITUTIONAL AND NEEDS TO STOP.

THAT'S, I MEAN, WHEN I WAS READING THAT, THAT WAS MY FEELING.

I SAID, WHAT, WHAT HAPPENED TO FREEDOM OF LIBERTY? YOU KNOW, IT'S GONE.

YEAH.

COMMISSIONER EDISON, UH, I JUST WANT TO GET INTO THE WEEDS A LITTLE BIT OF SB FOUR.

UM, I UNDERSTAND.

UH, AND I USED TO GO TO A CHURCH WHERE THEY ACTUALLY BUILT I YOUR MICROPHONE.

I THINK THEY BUILT THREE HOMES ONTO THE CHURCH ON, ON, UH, VALENTINE.

SO THERE,

[00:45:01]

IF IT'S VERY SMALL, LOW IMPACT, I DIDN'T HEAR YOU TALK TOO MUCH ABOUT THE, UM, IS THERE A CAP? I MEAN, IF YOU, IF YOU HAVE SB FOUR AND SAYING, THIS IS, YOU KNOW, OUR RELI THIS IS OUR RELIGIOUS RIGHT, THIS IS OUR RELIGIOUS PROPERTY WE'RE GONNA BUILD.

IS IS THERE STILL PARAMETERS THOUGH? DON'T YOU HAVE SOME DISCRETION TO SAY? NO, IT STILL WOULD BE A MINISTERIAL PROCESS.

UM, IF THEY, UH, MEET ALL THE CRITERIA FOR THE DENSITY BONUS PROJECT, UM, THE DENSITY IS STILL BASED ON THE UNDERLYING ZONE, UM, TO SOME EXTENT.

SO THE, IF IT WAS A SINGLE FAMILY PROPERTY, UM, AT, YOU KNOW, R SIX ZONING, 7.2 UNITS TO THE ACRE, UM, THE DENSITY BONUS CALCULATION WOULD BE BASED ON THAT DENSITY.

SO, SO THERE IS A MAXIMUM.

SO THERE IS A MATRIX, BUT THE, ONE OF THE NUANCES OF SB FOUR THAT'S INTERESTING IS THAT, UM, IF YOUR PROJECT SITE IS ADJACENT TO A HIGHER DENSITY SITE, UM, YOU ACTUALLY CAN TAKE ADVANTAGE OF THAT ADJACENT ZONING.

SO IF YOU WERE A SINGLE FAMILY ZONED, UH, RELIGIOUS FACILITY, BUT YOU NEXT DOOR TO YOU WAS APARTMENTS BUILT AT 20 DWELLING UNITS TO THE ACRE, YOU COULD TAKE ADVANTAGE OF THAT ADJACENT ZONING.

THAT'S CONCERNING BECAUSE THE , UH, I, SOME OF THE, SOME OF THE CHURCH, I MEAN, EL CAJON ISN'T THE BIGGEST CITY AND IN CALIFORNIA, BUT I MEAN, A LOT OF THESE CHURCHES ARE CLOSE AND THEY HAVE A LOT OF PROPERTY.

AND I, THERE'S A CHURCH THAT IS ON BALANCE, AND I COULD SEE TAKE ADVANTAGE OF THIS BECAUSE THEY'RE RIGHT NEXT TO APARTMENTS.

THERE WAS A TIME WHEN EL CAJON WAS APARTMENT CITY, AND THE, I THINK EL CAJON HAS DONE A TREMENDOUS JOB OF TRYING TO PULL THAT BACK.

AND WITH THIS IT'S, IT, IT'S AT LEAST CONCERNING.

I, THAT'S WHY I WANNA KNOW IF THERE WAS A CAP, BUT IT'S GOOD TO HEAR AT LEAST THERE IS SOME DISCRETION, BUT THEN WHEN THEY COULD TAKE ADVANTAGE OF THE HIGHER DENSITY APARTMENT NEXT TO IT, IT'S, IT'S CONCERNING, I GUESS I COULD SAY .

YEAH.

UM, YEAH, I'M, I'M SORRY TO HEAR ABOUT THIS.

YOU KNOW, AS FAR AS I KNEW, THERE WAS ALREADY SOME STUFF COMING UP, AND I KNOW YOU HAVE MORE PROBABLY TO GO THROUGH, BUT, UM, COMMISSIONER SKO, I'M JUST TRYING TO GRAB, WRAP MY BRAIN AROUND AFFORDABLE HOUSING AT EDUCATIONAL, RELIGIOUS, INSTITUTIONAL USES.

WE'RE TALKING ABOUT A SCHOOL TAKING THE PLAYGROUND AND BUILDING HOUSES ON IT THAT PEOPLE ARE GONNA LIVE IN AND THEN RENTING.

I MEAN, THAT'S SURE BECAUSE IF THEY SELL IT, IT'S NO LONGER THE, THE SCHOOL OR RELIGIOUS INSTITUTION.

SO I'M JUST TRYING TO PICTURE HOW THAT WOULD WORK.

MAYBE I CAN GIVE A POSITIVE EXAMPLE.

PLEASE DO.

IS A POTENTIAL.

SO, UM, THERE, UH, ONE OF THE, UH, THIS BILL COULD BE TAKEN ADVANTAGE OF BY, UM, GROSSMONT COLLEGE.

SO GROSSMONT COLLEGE WITH THEIR, UH, THEIR LARGE FACILITY, THEY WOULD HAVE AN OPPORTUNITY TO BUILD AFFORDABLE HOUSING, UM, ON THEIR CAMPUS.

UM, THEY COULD DO SO, YOU KNOW, AND, AND OFFER, UM, AFFORDABLE RENTS.

UM, AND THEN OBVIOUSLY TAKE ADVANTAGE OF THE, THE ZONING THAT'S NEARBY THEM.

UM, BUT IT WOULD, UH, THIS BILL WOULD ALLOW THEM TO DO THAT.

UH, SO WITHIN THAT CONTEXT, YOU COULD SEE HOW THAT COULD MAKE SENSE.

WHEREAS I, I UNDERSTAND HOW OTHER LOCATIONS IN THE CITY WITH, UM, YOU KNOW, RELIGIOUS FACILITIES OR, OR, YOU KNOW, PRIVATE SCHOOLS, UH, YOU KNOW, IT MAY BE MORE CHALLENGING.

SO I CAN SEE IT MAKING SENSE FOR A COLLEGE AND UPPER LEVEL EDUCATION.

I DON'T SEE MUCH WOULD, WOULD THAT AFFORDABLE HOUSING HAVE TO BE BILLED UNDER PREVAILING WAGE, THOUGH? YEAH, THAT'S WHAT MY QUESTION.

YES.

THEN IT'S NO LONGER AFFORDABLE.

LONGER AFFORDABLE.

SO IF YOU GUYS TAKE A LOOK AT SOMETHING, IF YOU GUYS GO DOWN ON A MISSION GORGE ROAD, THEY ARE SLAPPING NASTY, UGLY APARTMENTS EVERYWHERE.

AND A STUDIO, YOU KNOW WHAT, A STUDIO IS THERE, $2,200.

SO THERE WAS A SHOOTING, IF YOU GUYS REMEMBER, ON, IN AN APARTMENT OVER THERE ABOUT A MONTH AGO, AND A GUY MADE A COMMENT, I'M SPENDING $2,200 A MONTH AND I'VE GOT CRIME LIKE THIS TAKING PLACE.

SO THE WORD AFFORDABLE TO ME IS AN OXYMORON BECAUSE YOU'VE GOT A THREE BEDROOM APARTMENT THAT'S RUNNING $3,800 A MONTH, AND THEY CONSIDER THAT AFFORDABLE.

A MORTGAGE IS STILL LESS THAN 3000 A MONTH, EVEN WITH HIGHER INTEREST RATES.

SO I JUST, YOU KNOW.

OKAY.

WHAT ELSE YOU GOT ? WELL, MAYBE AS A SUGGESTION, I CAN, UH, WE WILL CONTINUE TO MONITOR THESE.

IF WE HAVE, UM, ANY TYPES OF THESE PROJECTS COMING IN, WE CAN, UH, GIVE YOU AN UPDATE ON STAFF COMMUNICATIONS.

AND THEN, YOU KNOW, I THINK ONE OF THE, UH, GOOD WAYS TO PROVIDE FEEDBACK IS AFTER A PROJECT GETS BUILT AND IT, MAYBE IT IS OUT OF CONTEXT.

SO MAYBE AT THAT POINT, YOU KNOW, YOU COULD HAVE A DISCUSSION ON, ON HOW THE PROJECT THAT COMPLIED WITH STATE LAW WASN'T CORRECT FOR OUR LOCAL JURISDICTION.

AND THEN GIVE THAT FEEDBACK TO OUR LOCAL REPRESENTATIVES.

YEAH, I MEAN, I, I JUST, I, I TURN AROUND AND I LOOK AT THIS PICTURE AND I WONDER IF YOU TOOK THAT

[00:50:01]

SAME SNAPSHOT IN 20 YEARS, IS IT GONNA BE 25 STORY APARTMENT COMPLEXES EVERYWHERE, OR WHAT, YOU KNOW, ? UM, IT DOESN'T LOOK LIKE THAT NOW.

NO, NO, I KNOW, I KNOW.

IT'S JUST THAT, YOU KNOW, THE, UM, I THINK WHAT'S NOT BEING LOOKED AT IS QUALITY OF LIFE.

OKAY.

I THINK AN APARTMENT, IT'S LIKE A FAST FOOD RESTAURANT.

IT'S WHERE YOU START, RIGHT? YOU LEARN HOW TO WORK, YOU LEARN HOW TO SHOW UP ON TIME, AND YOU GO FROM THERE INTO YOUR NEXT JOB AND MAYBE YOU'RE GOING THROUGH COLLEGE AND, YOU KNOW, MOST PEOPLE THAT DO LIVE IN APARTMENTS EVENTUALLY SAY, THIS IS GREAT, BUT I'M READY FOR A HOUSE.

I WANT A YARD.

I WANNA HAVE A DOG.

I WANT A PLACE TO PARK MY CARS.

NO MATTER WHAT ANYONE SAYS, CARS AREN'T GOING ANYWHERE, EVER.

YOU KNOW, NO ONE'S GONNA SPEND 13 HOURS ON A TROLLEY BUS AND TAXI TO TAKE THEIR KID TO THE DENTIST AND THEN GO PICK UP DINNER.

I MEAN, IT'S JUST, IT'S JUST NOT FEASIBLE.

IT WORKS IN MANHATTAN.

I GET THAT.

IT DOES, IT WORKS IN A FEW CITIES.

IT WORKS, IT WORKS GREAT.

BUT, BUT THEY WERE BUILT THAT WAY.

AND SO I THINK, YOU KNOW, WHAT WE ARE REALLY SEEING THE STATE DO IS REALLY DESTROY THE QUALITY OF LIFE FOR THE PEOPLE IN CALIFORNIA.

I MEAN, WITH MANDATE AFTER MANDATE WITH HIGH DENSITY EVERYWHERE.

THE ROADS CAN'T HANDLE IT.

THE THE, YOU KNOW, NOW WE'RE GONNA GET RID OF PARKING SPACES, LIKE, BECAUSE THERE'S NO PARKING, PEOPLE ARE GONNA STOP OWNING CARS.

ALL OF A SUDDEN IT DOESN'T WORK LIKE THAT.

THEY'RE GONNA PARK TWO BLOCKS AWAY.

THEY'RE GONNA WALK TO THEIR PLACE.

AND, AND SO I, I HEARING SOME OF THIS STUFF AND I REALIZED THAT MAYBE I, YOU KNOW, MAYBE ALL OF US SHOULD REACH OUT AND SEE, YOU KNOW, IF THERE IS SOMEBODY, LIKE YOU SAID, THE LEAGUE OF CALIFORNIA CITIES OR SOMEONE THAT'S, YOU KNOW, PUSHING BACK, BECAUSE I MEAN, AT THIS POINT, FIVE MORE YEARS, WE WON'T EVEN NEED YOU ANYMORE, NOAH, WE'LL JUST ALL BE DONE FROM SACRAMENTO.

IT'S JUST, YOU KNOW WHAT? WE'LL DO, WE'LL, WE'LL, WE'LL TURN CITY HALL INTO APARTMENTS, , YOU KNOW, AND IT'S JUST, IT'S, IT IS FRUSTRATING, UM, BECAUSE WE HAVE LEADERS LIKE YOU, CITY COUNCIL, MAYORS, THAT THEY KNOW WHAT'S BEST FOR OUR CITY.

YOU KNOW, WE SPEND A LOT OF MONEY AND TIME WITH, WITH OUTREACH GROUPS TO THE COMMUNITY ASKING, HEY, WHAT DO YOU WANNA SEE? WHAT DO YOU GUYS WANNA SEE ON DEN? REMEMBER WHEN WE DID THAT YEARS AGO? YEP.

WHAT DO YOU GUYS WANNA SEE ON DEN? WHERE DO YOU WANT? YOU WANT MORE PARKS? LET'S DO MORE PARKS.

SORRY, YOU CAN'T BUILD A PARK NOW.

YOU GOTTA BUILD A 40 STORY BUILDING AND, AND THEN PUT A PARK IN.

YOU KNOW? AND SO, BUT YOU CAN'T HAVE A PARKING LOT, BUT YOU CAN'T HAVE A PARKING LOT.

AND SO, I MEAN, YOU KNOW, HOPEFULLY, YOU KNOW, THE PEOPLE WILL WAKE UP AND, AND WE CAN, YOU KNOW, PUSH BACK ON SOME OF THIS STUFF BECAUSE I MEAN, IT, IT, IT REALLY IS A KIND OF A SLAP IN THE FACE TO THE PLANNING DEPARTMENT TO THE CITY LEADERS THAT WE DON'T KNOW WHAT'S BEST, YOU KNOW, FOR OUR COMMUNITY, YOU KNOW, AND THE CONSTITUTION.

YEAH.

AND THE CONSTITUTION.

AND, AND ON TOP OF THAT, THERE'S A LOT OF LAND, BUT THEY WON'T LET ANYONE BUILD NOW.

AND IF YOU GO BACK, YOU GUYS, HONESTLY, IF YOU GO BACK IN 2009 OR 10, I READ THE AGENDA 21 THAT THE UN BROUGHT OUT, AND IT WAS ALL ABOUT HIGH DENSITY.

IT WAS ALL ABOUT EVERYTHING CENTERED AROUND TRANSIT.

AND IT WAS ABOUT RABBITS NEED MORE LAND THAN PEOPLE AND THEY'RE, THE GOAL IS TO SQUISH EVERYBODY IN.

RIGHT.

THAT WAY IT'S EASIER TO PUT A FENCE AROUND YOU.

SO, ALRIGHT.

IS THERE ANY, ANY OTHER, UH, SB ABS YOU WANNA TELL US ABOUT ? YES.

OKAY, LET'S GO.

AND THERE'S MORE ABOUT PARKING .

UM, SO ON THIS SLIDE, UM, THESE, THESE ACTUALLY ARE TWO THAT ARE, ARE GONNA IMPACT THINGS, UH, THAT COME IN FRONT OF THE, UH, COMMISSION.

UH, THE FIRST ONE HERE, SB 6 84.

UM, IT IS GONNA NOW REQUIRE MINISTERIAL APPROVAL FOR FINAL MAPS ON PROJECTS WITH, UH, 10 OR FEWER SINGLE FAMILY HOMES.

UM, SO THE, UH, THE PUD OR WHATEVER ENTITLEMENT PROCESS IT NEEDS TO GO THROUGH, WE'LL STILL COME, UH, TO THE COMMISSION.

UH, BUT IT WILL REQUIRE THE CITY ENGINEER TO SIGN OFF ON THOSE MAPS WITHOUT THOSE GOING TO CITY COUNCIL.

OKAY.

UM, AB 2097, UH, IS THE PARKING BILL.

UM, IT ELIMINATES THE PARKING REQUIREMENTS WITHIN A HALF MILE OF RAIL TRANSIT OR WITHIN INTERCONNECTING INTER, SORRY, INTERSECTING BUS ROUTES, UH, WITH 15 MINUTE INTERVALS.

UM, AS OF RIGHT NOW, WE DO NOT HAVE ANY, UM, INTERSECTING BUS ROUTES WITH 15 MINUTE INTERVALS.

ALL OF OUR BUS ROUTES, UM, IN THE CITY ARE RUNNING ON 30 MINUTE INTERVALS AS FAR AS I KNOW.

UM, YOU KNOW, MTS OBVIOUSLY UPDATES THEIR BUS ROUTE MAPS PERIODICALLY.

UM, BUT WHEN SOMEONE CONTACTS ME AND SAYS, NOAH, CAN I QUALIFY FOR AN AB 2097 EXEMPTION AT LEXINGTON AND HAMSHAW, WE JUST, WE GO AND WE LOOK UP THE BUS ROUTES THAT ARE ADJACENT TO IT, LOOK AT THE INTERVALS, AND THEN REPORT BACK TO THEM.

SO AS OF RIGHT NOW, AB 20 AND 97 ESSENTIALLY JUST APPLIES TO WITHIN A HALF MILE OF OUR TRANSIT STATIONS.

OKAY.

UM, WE HAVE BEEN SEEING QUITE A FEW, UM, I WOULDN'T SAY QUITE A FEW, UM, MAYBE TWO OR THREE PROJECTS WHERE OVER ON, UH, RICHFIELD IN THE AREA BETWEEN, UM, THE MARSHALL, UH, TRANSIT STATION GOING OVER TOWARDS ELK COE BOULEVARD IN THE TRIANGLE THERE, UH, WITH MALAR AND RICHFIELD, UM, WHERE PEOPLE ARE BUILDING, UM,

[00:55:01]

SINGLE FAMILY HOMES AND ADUS AND TAKING ADVANTAGE OF THE LOWER PARKING STANDARD.

MM-HMM.

.

UH, BUT THAT AGAIN IS, IT'S REALLY, WE WANTED YOU TO BE AWARE OF THESE SO THAT WHEN YOU'RE DRIVING BY A PROJECT AND YOU'RE LIKE, WOW, HOW DID THEY, YOU KNOW, BUILD THOSE TWO EXTRA UNITS AND DO SO WITHOUT PROVIDING ANY ADDITIONAL PARKING.

UM, IT COULD HAVE BEEN UNDER AB 2097.

OKAY.

UM, AND THEN, UH, THIS IS THE LAST SLIDE.

UM, I JUST WANNA COVER A COUPLE THINGS ON ACCESSORY DWELLING UNITS.

UM, THE, THERE'S TWO, UH, BILLS THAT PASSED, UM, COMBINED.

UH, THEY ESSENTIALLY ALLOW THAT 800 SQUARE FOOT, UM, STATE A D THEY CALL IT THE STATE A DU 'CAUSE IT'S THE, UM, 'CAUSE WE HAVE TO ALLOW THOSE, UM, IF IT'S NOT FEASIBLE TO PLACE THOSE LIKE IN A BACKYARD OR SOMEWHERE ELSE, WE DO HAVE TO PERMIT THOSE IN A FRONT YARD.

NOW, UM, MINISTERIAL, UM, AND ADDITIONALLY, UM, YOU MIGHT SEE CONSTRUCTION AT, UM, IN A LOT OF OUR MULTIFAMILY PRODUCT PROJECTS, UH, WE ARE GETTING A LOT OF REQUESTS, UH, TO BUILD ADUS, UM, AT MULTIFAMILY PROJECTS.

THOSE, AGAIN, WE HAVE TO PERMIT MINISTERIALLY, UM, JUST WITH A BUILDING PERMIT AND THEY CAN BUILD UP TO TWO ADUS AT AN EXISTING APARTMENT COMPLEX.

ANYWHERE THERE GO THE POOLS.

YEAH.

WHAT, WHAT, WHAT ABOUT, SO THEY COULD BUILD 'EM IN THE PARKING LOT IF THEY WANT.

WELL, THEY COULD BRING IN A COUPLE TINY HOUSES AND WRAP 'EM WITH SKIRTS AND SO THEY PUT AN EXTENSION CORD.

IT IS, IT IS COMPLEX.

UH, THEY CAN, WE DO HAVE ONE WHERE SOMEONE HAS, UH, PROPOSED TO REMOVE A POOL IN ORDER TO BUILD, UH, THE TWO ADUS.

UM, IT GOES BACK TO THAT STATE EXEMPT, A DU, THE 800 SQUARE FEET.

MM-HMM.

.

SO IF, UM, IF THEY COME IN AND WANNA BUILD SOMETHING THAT'S BIGGER, THEY HAVE TO COMPLY WITH ALL THE, THE DEVELOPMENT STANDARDS OF THAT UNDERLYING ZONE FOR OPEN SPACE AND, UH, RECREATIONAL AREAS, ET CETERA.

SO, UM, SOMETIMES THEY HAVE TO GO TO THAT 800 SQUARE FOOT STATE EXEMPT A DU, UH, BUT OTHER TIMES THEY'VE BEEN ABLE TO, UM, DO SOMETHING THAT'S A LITTLE BIT BIGGER THOUGH WITH SB 8 97.

IF IT'S NOT FEASIBLE.

I'M ASSUMING THAT THERE'S A METRIC THERE FOR FEASIBILITY.

I MEAN, THAT'S VERY SUBJECTIVE.

I KNOW YOU DIDN'T WRITE IT.

IT'S SUBJECTIVE.

JUST SO I'M CLEAR, THEY CAN BUILD THESE ADUS IN THEIR FRONT YARD EVEN THOUGH IT'S NOT AESTHETICALLY CORRECT TO THE OVERALL CITY.

IF THERE'S SPACE, IF THERE'S SPACE AND WE DON'T HAVE SPACE IN THE BACKYARD OR SIDE YARD.

RIGHT.

AND EVEN SO WE MADE THE, THE WAY WE STRUCTURE THE, IF YOU RECALL, WHEN WE, UM, DID THE UPDATES WITH REGARDS TO URBAN LOT SPLITS AS WELL AS, UM, SO THOSE ARE THE SB NINE PROJECTS.

YEAH.

WE ESSENTIALLY HAVE, UM, A, A TIERED SETBACK APPROACH.

SO YOU HAVE THE SETBACK FOR THE PRIMARY DWELLING UNIT GOING UP TO 35 FEET IN HEIGHT.

MM-HMM.

.

AND THEN IT DROPS DOWN LIKE, SO IN A SINGLE FAMILY ZONE, TYPICALLY A 15 FOOT REAR YARD SETBACK.

SO WITHIN THAT 15 FOOT IT DROPS DOWN TO 20 FEET.

AND THEN WHEN YOU GET WITHIN FOUR FEET OF THE PROPERTY LINE, IT DROPS TO, UM, 16, AND THEN AT THREE FEET IT DROPS DOWN TO 12.

SO THERE'S QUITE A BIT OF FLEXIBILITY FOR SOMEONE TO BE ABLE TO SQUEEZE THAT 800 SQUARE FOOT A DU WITHIN THAT BUILDING ENVELOPE.

FROM A STAFF PERSPECTIVE, WE ARE GOING TO BE ASKING THEM TO DO THAT WITHIN THAT BUILDING ENVELOPE.

AND, UM, IF THEY DISAGREE WITH US, THERE'S ALWAYS THE, UM, DIRECTOR'S DETERMINATION PROCESS.

SO, UM, WE WOULD DOCUMENT THE REASONS WHY WE'RE MAKING A FINDING THAT THEY NEED TO BUILD IT IN THE BACKYARD OR WITHIN THAT ENVELOPE, AND THEN THEY COULD APPEAL THAT AND BRING IT TO THE PLANNING COMMISSION IF THEY DISAGREED WITH THE DIRECTOR'S, UM, INTERPRETATION.

SO I, ALTHOUGH IT'S UNLIKELY THERE MAY BE SOME CIRCUMSTANCE THAT PRESENTS ITSELF IN THE FUTURE WHERE, UM, SOMEONE, UM, BECAUSE, UH, YOU KNOW, IT'S AN OLDER HOME, IT'S, YOU KNOW, RIGHT UP AGAINST A REAR PROPERTY LINE, THEY MAY PROPOSE TO DO IT.

UM, I WOULD ALSO NOTE THAT, UH, WHEN WE DID OUR RECENT, OUR PREVIOUS UPDATE TO THE ZONING CODE, WE DID, UM, CHANGE IT SO THAT YOU COULD HAVE AN A DU IN FRONT OF THE HOUSE OR BEHIND THE HOUSE.

UH, 'CAUSE WE HAD A COUPLE CIRCUMSTANCES WHERE, UH, LIKE OUT ON, UH, BERMUDA LANE OR IN SOME OF OUR BIGGER, UM, SINGLE FAMILY ZONES WHERE THEY'RE HALF ACRE AND ACRE LOTS WHERE THEY'RE SET BACK FURTHER FROM THE STREET AND THEY WANTED TO BUILD A STRUCTURE UP FRONT.

I UNDERSTAND.

SO I THINK IT'S PRETTY UNLIKELY THAT WE'LL SEE AN A DU WITHIN A FRONT YARD SETBACK, BUT IT'S AGAIN, JUST TO BRING THIS TO THE COMMISSION'S ATTENTION THAT THE STATE HAS SAID, IF THEY CAN'T DO IT ANYWHERE ELSE, YOU HAVE TO PERMIT IT IN THAT LOCATION.

SO, UM, I'M TWO HOUSES DOWN ON BERMUDA FROM THAT A DU THAT WAS PUT IN THE FRONT YARD, AND HONESTLY THEY HAD A HUGE FRONT YARD.

UH, THEY WERE COMPLETELY, THE HOUSE WAS COMPLETELY IN THE BACKYARD.

I MEAN, THEIR SETBACK IN THE BACKYARD'S, PROBABLY LIKE FOUR FEET TO THE NEXT PROPERTY LINE OR SOMETHING IF THEY DON'T HAVE A LOT OF BACKYARD.

THAT ACTUALLY WORKED.

OKAY.

THAT ONE WORKED.

IT WAS A CLEAN PROJECT.

IT LOOKED, IT ACTUALLY LOOKS REALLY NICE.

BUT MY QUESTION IS, WHAT ARE, WHAT IS THE SETBACK TO THE, TO THE STREET THAT, THAT A D IS GONNA BE UP? I MEAN, WHAT, WHAT DO YOU SAYING IT HAS TO BE OFF THE STREET? HOW FAR, HOW FAR BACK?

[01:00:01]

WELL, UNDER CURRENT REGULATIONS, THE A DU HAS TO BE OUTSIDE OF THAT FRONT YARD SETBACK.

SO THE 20 FOOT FRONT YARD SETBACK IN THE CASE OF THE A DU ON BERMUDA.

UM, SO FROM THE STREET TO THE FRONT DOOR? MM-HMM.

20 FEET.

YES.

OKAY.

OKAY.

EXCEPT FOR DOES THAT, DOES THAT CHANGE IT, DOES THAT STATE LAW CHANGE THAT? NO.

SO WHAT THIS STATE LAW SAYS IS THAT, UM, THEY WOULD HAVE TO PROVE TO US THAT THEY CAN'T BUILD IT WITHIN THAT ENVELOPE THAT I JUST DESCRIBED, GOING DOWN TO FOUR AND THREE FEET IN THE BACKYARD.

IN THE BACKYARD.

OKAY.

AND THEN WE WOULD THEN TELL THEM THAT THEY NEED TO BUILD IT OUTSIDE OF THE 20 FOOT, UH, FRONT YARD SETBACK AS WELL.

OKAY.

AND THEN IF IT'S STILL NOT POSSIBLE WITHIN ALL OF THOSE OPTIONS, STATE LAW WOULD SAY THAT WE HAVE TO PERMIT IT IN THE FRONT YARD SETBACK.

RIGHT.

BUT, BUT YOUR FRONT YARD SETBACK STILL HOLDS 20 FEET, EXCEPT IF THERE'S NO PLACE TO PUT IT, THEY CAN TAKE OVER THAT 20 FEET TO PUT IT IN THE FRONT YARD.

SO I COULD OPEN MY DOOR AND WALK RIGHT INTO THE STREET.

BUT WAS THERE, THERE'S GOTTA BE A MINIMUM SETBACK OFF THE STREET.

WE WOULD, SO WE WOULD WORK WITH ANYONE THAT CAME IN, IN THE CIRCUMSTANCE, AND LIKE I SAID, WE WOULD TRY AND DIRECT THEM TO TAKE ADVANTAGE OF THE BUILDING ENVELOPE, AND THEN WE WOULD ASK THEM TO, UH, GET IT AS FAR BACK AS POSSIBLE, UM, WITHIN, WITHIN THAT ENVELOPE.

SURE.

I MEAN, AND OBVIOUSLY COMMON SENSE IS GONNA SAY NO ONE'S, YOU KNOW, PUTTING A FRONT DOOR, YOU KNOW, FOUR FEET OFF THE STREET IF YOU SAY NO, ARE YOU SAYING YOU COULD OPEN YOURSELF UP TO LITIGATION? THEY WOULD.

THEY WOULD.

THAT MIGHT BE A BARBER QUESTION.

IT WOULD, THEY WOULD STILL, THEY WOULD FIRST NEED TO EXHAUST, UM, THEIR, UM, THEY'D HAVE TO GO THROUGH THE PROCESS.

RIGHT.

SO WE WOULD FIRST ASK, UM, THEY WOULD FIRST PROBABLY GO THROUGH A DIRECTOR'S DETERMINATION PROCESS.

OKAY.

WHERE WE WOULD, UH, EXPLAIN TO THEM WHY WE WERE DENYING IT, AND THEN THEY COULD APPEAL THE DIRECTOR'S DETERMINATION THAT COULD COME TO THE PLANNING COMMISSION.

IF THE PLANNING COMMISSION, UM, DENIES IT AND AGREES WITH STAFF, IT COULD BE APPEALED TO THE CITY COUNCIL AND THEN THE CITY COUNCIL WOULD BE THE ULTIMATE DECISION MAKING AUTHORITY.

AND THEN THERE WOULD BE THE OPTION FOR LITIGATION AFTER A COUNCIL DECISION.

RIGHT.

SO IF, IF EVERYONE DENIES, LET'S JUST GO THERE, BARBARA.

OKAY.

WHAT HAPPENS THEN? DO THEY CALL UP THEIR LOCAL REPRESENTATIVE? THE CITY COULD BE OPEN TO LITIGATION, BUT THAT'S TRUE OF A, A LOT OF AREAS WHERE THERE'S A, AN ADMINISTRATIVE ADMINISTRATIVE PROCESS.

IT HAS TO BE EXHAUSTED BEFORE THEY CAN GO TO THE COURTS.

RIGHT.

AND THEY, THEY WOULD STILL HAVE TO PAY FOR THAT AND WHATNOT.

YEAH.

OKAY.

INTERESTING.

ANY QUESTIONS REGARDING THOSE TWO? WELL, WE GOT ONE MORE.

I JUST GOT ONE LAST ONE.

UM, AND THAT WAS AB 9 76.

UM, THAT WAS, UH, PREVIOUSLY WE HAD, UM, STATE LAW ENABLED LOCAL JURISDICTIONS TO HAVE A PROHIBITION OR TO REQUIRE OWNER OCCUPANCY IN ONE OF THE TWO UNITS.

SO IF YOU HAD A SINGLE FAMILY DWELLING AND YOU BUILT AN A DU, WE COULD REQUIRE OWNER OCCUPANCY.

WITH THE PASSAGE OF AB 9 76, UH, WE CAN NO LONGER REQUIRE THE OWNER TO OCCUPY ONE OF THE TWO UNITS.

HOLD ON A SECOND.

REMEMBER THAT ONE? DO YOU REMEMBER THAT ONE? YEAH, I REMEMBER THAT WHEN I READ THAT TITLE, I WAS THINKING THE OWNER CAN, WE CAN'T TELL THE OWNER THEY HAVE TO LIVE IN THE NEW A DUI WAS THINKING THEY NEED TO LIVE IN THE MAIN HOUSE, BUT NOW WE'RE SAYING THEY DON'T HAVE TO LIVE IN EITHER OF THE UNITS.

THEY CAN BUILD AN A DU RENT, BOTH OF THEM.

CORRECT.

THEY'RE BUILDING APARTMENTS.

APARTMENT.

OKAY.

JINX .

YEAH.

BUILDING AN APARTMENT.

SEE, 'CAUSE PROBLEM IS PROPERTY OWNERSHIP'S BAD.

APPARENTLY EVERYONE NEEDS TO RENT NOW.

WELL, IF I COULD TRADE BEING A PROPERTY, UH, A HOMEOWNER FOR BEING A PROPERTY OWNER AND CHARGE TWO PEOPLE RENT SURE.

THEN I CAN AFFORD THE RENT.

I'M PAYING SOMEBODY ELSE.

YEP.

BOY.

OH, SWEET.

IT IS, IT'S JUST, YOU KNOW, I, I, I, I HOPE, YOU KNOW, I HOPE IT WORKS OUT.

I THINK IT'S A FAST TRACK WAY IN DESTROYING COMMUNITIES.

COMMUNITIES ARE, ARE, ARE, YOU KNOW, PROPERTY RIGHTS IS A GOLDEN THING THAT THE UNITED STATES OF AMERICA HAS, AND WE CHERISH IT.

PROPERTY RIGHTS ARE WHAT MAKE GOOD COMMUNITIES, PEOPLE THAT ARE INVESTED IN THE COMMUNITY THAT OWN HOMES.

OF COURSE WE HAVE APARTMENTS, OF COURSE WE HAVE A, A, A PERCENTAGE OF LOW INCOME.

THE PROBLEM IS ALL THE POLICIES IN CALIFORNIA HAVE MADE EVERYBODY LOW INCOME BECAUSE NO ONE CAN AFFORD ANYTHING ANYMORE, LET ALONE ENERGY OR FOOD OR GAS OR, AND SO, YOU KNOW, IT'S JUST REALLY, IT'S JUST A, IT'S JUST A BAD EXPERIMENT.

IT REALLY IS.

AND IT'S, IT'S SAD AS TO, AS WE SIT HERE, WE'VE BEEN, A LOT OF US HAVE BEEN DOING THIS FOR 15, 20 YEARS NOW, AND IT'S JUST A SLIPPERY SLOPE.

AND, YOU KNOW, I HOPE, YOU KNOW, I HOPE PEOPLE WAKE UP.

WHAT I WOULD HATE TO SEE, AND, AND I THINK YOU'RE RIGHT NOW, I THINK THE SAVING GRACE IS THAT NO ONE'S GONNA BUILD PREVAILING WAGE WITH PRIVATE MONEY.

NO.

NOBODY IN THEIR RIGHT MIND IS GONNA, YOU KNOW, WHEN IT'S $30 AN HOUR FOR LABOR PAY 60.

SECONDLY,

[01:05:01]

MOST OF OUR LAND IS ALREADY OCCUPIED WITH HOMES WITH RESIDENTS WHO LOVE THEIR HOME.

UM, MOST OF THE APARTMENTS THAT ARE HERE ARE TOO VALUABLE TO DEMO TO THE OWNERS.

RIGHT.

THEY'RE JUST TOO VALUABLE.

IT'S A CRAZY WHAT A DOOR GOES FOR.

SO I THINK, YOU KNOW, THERE'S SOME INFILL STUFF, THERE'S SOME QUALITY INFILL STUFF COMING IN.

UM, SO I THINK, YOU KNOW, WE'RE PROBABLY OKAY.

BUT YOU KNOW, TO THINK THAT IF THEY HAD IT THEIR WAY, THERE'D BE HALF A MILLION PEOPLE IN THIS SMALL LITTLE, YOU KNOW, POSTAGE STAMP OF LAND IS, IS SCARY.

YOU KNOW.

UM, I WOULD LIKE TO SAY TO OUR PLANNING DEPARTMENT THAT WE VERY MUCH APPRECIATE ALL THE WORK YOU GUYS DO TO HELP FILTER, UM, THE NOISE.

, THE STATE OF CALIFORNIA PUTS SO MANY REGULATIONS AND YOU GUYS HAVE DONE A FABULOUS JOB OF NAVIGATING THOSE, WHETHER THEIR OBSTACLES OR OPPORTUNITIES.

YOU'VE DONE AN OP AN AMAZING JOB WITH OUR CITY, AND I VERY MUCH WANT TO CONVEY THE COMMISSION'S, UH, APPROVAL OF WHAT YOU GUYS DO.

WELL, THANK YOU.

QUESTION FOR YOU, DO YOU STILL HAVE CONTROL OVER BUILDING STANDARDS? YES.

OH, FOR NOW.

ANYWAYS, FOR NOW, THE, UH, BUT THE BUILDING CODE CONTINUES TO BE UPDATED, UH, TWO YEAR.

I UNDERSTAND.

EVERY CYCLE.

AND SO THOSE, UM, WITH THE GREEN BUILDING STANDARDS, YOU'RE SEEING NEW, YOU KNOW, ENERGY EFFICIENCY CALCULATIONS THAT ARE COMING IN AND, UM, MAKING IT MORE CHALLENGING TO BUILD EACH TIME AS WELL.

NO, I KNOW, I KNOW.

UM, AND I, AND I ECHO WITH WHAT COMMISSIONER CIRCO SAID.

I MEAN, YOU'RE HAVING TO, YOU KNOW, YOU'RE HAVING TO DEAL WITH IT BECAUSE IT'S LAW.

I MEAN, UNFORTUNATELY, UM, AND YOU GUYS ARE DOING THE BEST YOU CAN.

I MEAN, YOU KNOW, ALL, ALL THE STUFF THAT'S BEEN COMING UP, YOU KNOW, GOOD QUALITY PROJECTS, UM, I GOTTA SAY ONE THING, BUT NOT ALL LAW IS LAWFUL.

THIS IS TRUE.

SOME LAWS ARE NOT LAWFUL .

I UNDERSTAND.

AND I AGREE.

YOU KNOW, AND ALL THOSE VARIABLES THAT YOU MENTIONED, THEY COULD CHANGE AT ANY TIME.

MM-HMM, , YEAH.

AN SBA LOAN LOW INTEREST, YOU KNOW, FOR A DEVELOPER TO MAKE LOW INCOME HOUSING.

THERE YOU GO.

OR JUST A QUICK QUESTION REGARDING THAT LAST, THE LAST ONE THERE.

UM, I KNOW THAT NOW THAT THE OWNER DOESN'T HAVE TO LIVE THERE TO BUILD SOMETHING ELSE.

SO A LOT OF, IN MY LINE OF WORK, YOU SEE A LOT OF FLIPPERS THAT DO THINGS AND THEN THEY BUILD AN ILLEGAL A DU OUT BACK AND THEN SELL IT.

IT'S NOT PERMITTED AND WHAT HAVE YOU.

NOW, IN DOING THAT, THAT ALLOWED THEM TO MAYBE BUY AND HOLD.

SO MAYBE THAT'S A POSITIVE THAT MAYBE THERE'LL BE MORE PERMITTED WORK AS OPPOSED TO UNPERMITTED WORK, BUT THEY'LL STILL HAVE TO GO THROUGH THE PERMITTING PROCESS THEN AS AN LLC TO GET THAT SECOND UNIT BUILT.

CORRECT? YES.

SO IF ANYONE HAS A DETACHED ACCESSORY BUILDING AND THEY'RE CONVERTING IT INTO A DWELLING UNIT, IT WOULD REQUIRE A BUILDING PERMIT.

OKAY.

UM, BUT THERE IS, IF IT, IF A STRUCTURE WAS BUILT, UM, JUST AS AN ACCESSORY, LIKE A POOL HOUSE MM-HMM.

, UM, YOU KNOW, IT'S ELIGIBLE TO HAVE, YOU KNOW, A WET BAR, UM, AND OTHER ITEMS. YEAH.

SO EVEN THOUGH IT MAY HAVE THE APPEARANCE OF BEING A LEGAL DWELLING UNIT, IT MAY HAVE BEEN PERMITTED, UM, AS, UH, JUST A POOL HOUSE.

UM, SO IT REALLY COMES DOWN TO THE PERMIT HISTORY ON AN INDIVIDUAL PROJECT.

OKAY.

I ALSO, YOU SAY MORE LIKE THE GARAGES AND THINGS THAT PEOPLE MAKE LOVELY THINGS.

AND THEN I ALSO READ SOMETHING WHEN I WAS READING THE REPORT, THE THEY'RE, ARE THEY MANDATING TIMELINES, AREN'T THEY, I READ THAT THEY, THEY'RE MANDATING THAT THESE WILL BE APPROVED BY 30, 60, 90 DAYS BASED ON SIZE.

CORRECT, YES.

THEY COMMONLY REFER TO THOSE AS SHOT CLOCKS.

AND SO, UH, THERE'S A LOT OF, UH, A LOT OF NEW LEGISLATION IS, UH, PUTTING IN SHOT CLOCKS FOR CITIES WHERE YOU HAVE TO TAKE ACTION ON A PERMIT WITHIN A CERTAIN TIMEFRAME.

UM, AND ONE OF THE, UM, BILLS THAT WE OUTLINED IN THE SUMMARY WAS, UM, THERE'S NEW SHOT CLOCKS FOR, UM, FOLLOW UP SUBSEQUENT PERMITS AFTER A PROJECT IS APPROVED, UH, TO MAKE SURE THAT THEY'RE BEING REVIEWED WITHIN A CERTAIN TIMEFRAME.

THERE'S ALSO QUITE A FEW SHOT CLOCKS WHEN IT COMES TO DENSITY BONUS PROJECTS WHERE, UM, YOU KNOW, THE CITY HAS TO TAKE ACTION, UM, WITHIN LET'S SAY 30 DAYS.

AND IF IT'S, UM, NOT TAKEN ACTION WITHIN 30 DAYS, IT CAN BE DEEMED TO BE APPROVED, UH, BY LACK OF ACTION.

WOW.

BUT, BUT, BUT WHO DEEMS IT TO BE APPROVED? LIKE WHO, WHO, WHO? BUT, BUT, SO MY QUESTION IS THIS.

SO LET'S JUST GO THROUGH THIS.

I'M GONNA COME TO YOU AND I'M GONNA USE ALL THESE LAWS.

I'M GONNA PUT A 10 UNIT PROJECT IN A PARKING LOT OF A CHURCH.

OKAY.

JUST USING THAT POSSIBLE.

BUT I, I BRING YOU HORRIBLE DRAWINGS, BUT AS LONG AS YOU TAKE ACTION AND COME BACK TO ME AND SAY, YOU NEED TO REDO THIS.

I NEED TO SEE YOUR, YOUR ELECTRICAL PLAN, I NEED YOU TO REVISE YOUR PLUMBING PLAN, THAT'S CONSIDERED ACTION.

CORRECT.

CORRECT.

SO IF THEY KEEP COMING BACK, THEY CAN'T COMPLAIN AND SAY, YOU'RE NOT DOING ANYTHING AS LONG AS THERE'S, SO WHAT THEY'RE LOOKING FOR IS COMMUNICATION, WHETHER YOU, YOU TAKE IT BACK TO 'EM AFTER PLAN, CHECK AND SAY, YOUR PLANS ARE WRONG, THIS ISN'T GONNA WORK.

UM, CORRECT.

[01:10:01]

AND I WOULD SAY, HONESTLY, FOR MOST DENSITY PRO BONUS PROJECTS WHEN THEY COME INTO THE CITY, UM, YOU KNOW, A GOOD EXAMPLE IS, UH, SOLTER, UM, OVER HERE, UH, BEHIND 24 HOUR FITNESS.

YEAH.

THAT WAS, WHAT, SEVEN YEARS AGO? WE DID THAT EIGHT YEARS AGO.

YEAH.

SO, UM, FOR, FOR THAT TYPE OF PROJECT, WHEN IT COMES THROUGH, UM, A LOT OF TIMES THEY HAVE GRANT FUNDING WITH SPECIFIC DEADLINES.

AND SO WE'LL SIT DOWN, UH, WITH THE DEVELOPER AND PUT TOGETHER A SCHEDULE AND WE'LL SAY, OKAY, YOU'RE GONNA SUBMIT, WE'RE GONNA REVIEW OVER THE NEXT, YOU KNOW, 28 DAYS AND THEN WE'RE GONNA GIVE IT BACK TO YOU.

UH, BUT WE NEED YOU TO RESUBMIT THREE WEEKS LATER SO THAT WE HAVE TWO MORE WEEKS TO REVIEW, AND THEN WE CAN GET YOU TO, YOU KNOW, HEARING OR GET YOU APPROVED BY THAT DATE.

SO IT, IT'S USUALLY, UH, WORKING WITH THOSE TYPES OF DEVELOPERS, IT'S A VERY COLLABORATIVE PROCESS AND MAKING SURE THAT WE'RE WORKING TOGETHER TO ACHIEVE THE GOAL.

OKAY.

ALRIGHT.

THEY CALL IT A SHOT CLOCK.

MM-HMM.

.

INTERESTING.

WOW.

ALRIGHT.

UM, I TAKE IT, THAT'S IT FOR THAT, UH, PRESENTATION.

YES.

AND, UH, NO ACTION IS NEEDED.

SURE.

WELL, THANK YOU FOR THAT INFORMATION.

UM, .

WOW.

I'M SORRY.

ALL RIGHT.

[4. STAFF COMMUNICATIONS ]

WELL, UH, WE DO HAVE, UH, ONE MORE ITEM THAT WE NEED TO LOOK AT, AND THAT IS TONIGHT IS THE ELECTION OF A PLANNING COMMISSIONER CHAIR AND VICE CHAIR.

SO, UM, FOR SHANNON, I DON'T, YOU KNOW, I KNOW YOU'RE NEW ON THIS, BUT YOU KNOW, WE USUALLY, WE, UH, WE DO THIS ABOUT EVERY 12 TO 14 MONTHS, DEPENDING ON MEETING LOAD AND WHEN PEOPLE ARE BEING REAPPOINTED AND STUFF.

AND THEN, UH, YOU KNOW, WE MAKE A MOTION, UM, AND THEN THAT PERSON'S JUST, YOU KNOW, THE CHAIR AND VICE CHAIR.

AND SO, YOU KNOW, AT THIS POINT, UH, DO WE HAVE ANY MOTIONS FOR, FOR A NEW CHAIR? I'D LIKE TO MAKE A MOTION.

OKAY.

I WOULD LIKE TO, UH, APPOINT A POINT, REBECCA, AS THE CHAIR, OR I WOULD LIKE TO NOMINATE.

THERE WE GO.

WELL, THANK YOU FOR THAT NOMINATION.

ALL RIGHT.

I LIKE TO BE THE CHAIR.

I WOULD HOPE TO BE THE CHAIR.

OKAY.

OKAY.

ALL RIGHT.

WELL, UM, I'LL SECOND THAT, UH, NOMINATION AND AT THIS POINT, UH, WE'VE GOT A MOTION IN A SECOND.

LET'S, UH, VOTE FOR THE CHAIR.

MOTION CARRIES BY UNANIMOUS VOTE.

OKAY.

CONGRATULATIONS.

ALL RIGHT, MOVING UP THE CHAIR.

ALRIGHT.

WITH THAT BEING SAID, I'D LIKE TO, UH, TO ALSO MAKE A, MAKE A NOMINATION FOR VICE CHAIR FOR COMMISSIONER SERCO.

THANK YOU.

MM-HMM.

.

I, I SECOND IT.

OKAY.

ALRIGHT.

MOTION MADE BY, UH, COMMISSIONER MOROSE, SECONDED BY COMMISSIONER SOLE, PLEASE VOTE.

AND MOTION CARRIES BY UNANIMOUS VOTE.

OKAY, GREAT.

UH, DO WE HAVE, UH, ANYTHING GOING ON APRIL 16TH YET MEETING WISE? YES, WE DO.

WE DO.

MM-HMM, .

ALRIGHT.

SOUNDS GOOD.

BILLS TO GO OVER.

GREAT.

AND, YOU KNOW, AGAIN, UM, I APPRECIATE YOU BRINGING THIS TO OUR ATTENTION.

UM, I THINK ONE THING THAT, UH, STAFF IS AWARE OF, UH, IS REALLY DOING THE BEST WE, YOU KNOW, BEST YOU CAN WITH THESE DEVELOPMENTS.

LIKE YOU SAID, THERE'S SOME LAWS IN THERE.

I DO FEEL LIKE WE ARE A LITTLE BIT FORTUNATE BECAUSE WE'RE, I, I THINK SOME OF THESE ARE REALLY POINTED AT SOME OF THESE OTHER BIG CITIES, AND I THINK BECAUSE WE ARE A SMALLER CITY AND WE ARE KIND OF OUTTA LAND, WE, BUT AS COMMISSIONER TEALE SAID, FREEDOM'S FREEDOM, MAN, , AND, YOU KNOW, I DON'T KNOW HOW MUCH OF THIS IS CONSTITUTIONAL, THE, THE LAWMAKERS IN SACRAMENTO DON'T REALLY KNOW, EVEN PROBABLY HAVE NEVER EVEN READ THE CONSTITUTION.

SO, YOU KNOW, I'LL LEAVE IT AT THAT.

YEAH.

UM, WELL AGAIN, MR. CHAIRMAN, I, I WOULD DEFINITELY ENCOURAGE ANY, ANY OF THE PLANNING COMMISSIONERS TO REACH OUT TO ME IF YOU DRIVE BY SOMETHING AND THINK TO YOURSELF, WHY DID THAT GET APPROVED? OR, YOU KNOW, HOW, WHAT, WHAT WAS THE PROCESS BEHIND THAT? YOU KNOW, JUST GIVE ME A CALL OR SEND ME AN EMAIL.

HAPPY TO SHARE MORE INFORMATION.

GREAT.

DO ME A FAVOR, WHEN YOU LOOK INTO THAT ONE PROJECT WE TALKED ABOUT, WHICH I THINK YOU SAID WAS ON FIRST, UH, YEAH, I, I THINK IT WOULD BE GREAT TO, TO TO KNOW ABOUT THAT.

SO YEAH, SO LET ME KNOW.

I I DO FEEL LIKE IT'S STALLED AND MY ONLY CONCERN IS, YOU KNOW, VAGRANCY, ARSON, UH, IT IT, IT LOOKED LIKE A DECENT PROJECT.

IT WAS A BIG PROJECT AND IT LOOKED GOOD SO FAR.

YEAH.

SO HOPEFULLY WE CAN FIGURE THAT OUT.

MR. SANCHEZ WAS JUST LOOKING AT IT FOR ME, BUT, UH, THE, IT LOOKS LIKE IT MAY BE IN THE COUNTY OF SAN DIEGO, NOT WITHIN THE CITY LIMITS.

OH, IS THAT THAT LITTLE PIECE SLICE OF COUNTY IF, IF YOU ARE ON THAT, THE WRONG SIDE OF BROADWAY THERE.

OKAY.

SO I'M, I MAKE A MOTION TO ANNEX THAT LAND BACK INTO THE CITY, YOU KNOW, .

UM, SO THAT'S COUNTY.

DO YOU GUYS HAPPEN TO HAVE ANY INFORMATION OF WHY IT STALLED? IS THERE ANYTHING, OKAY, WELL I'LL LOOK INTO IT AND SEE IF I CAN GET MORE INFORMATION OFF THE COUNTY WEBSITE AND DOUBLE CHECK EVERYTHING AND FOLLOW BACK UP.

I APPRECIATE IT.

AND, AND ALSO I WANNA ECHO APPRECIATE BEING A NEW GUY.

YOU'VE BEEN ALL WELCOMING AND IT'S BEEN VERY INFORMATIVE AND HELPING

[01:15:01]

ME ALONG THE WAY.

I DO APPRECIATE ALL YOUR EFFORTS GOING THROUGH THE WEEDS.

ALRIGHT, WELL THANK YOU.

WELL, AT THIS TIME, IF THERE'S, UH, NO STAFF COMMUNICATION OR COMMUNICATION FROM, UH, PLANNING COMMISSIONERS, NOPE.

I MOVE TO ADJOURN.

ALRIGHT.

MOTION MADE BY COMMISSIONER SCO, SECOND BY COMMISSIONER PAUL GRU, PLEASE VOTE.

ALRIGHT.

AND MEETINGS ADJOURNED.

A LAVISTA, I DON'T THINK HE'S GONNA BE ABLE TO.