Planning Commission - Regular Meeting

I'm calling in the meeting to order. Uh, first of all, for public participation, there's three ways to submit public comment. One is email your comment directly to the planning division. Two is submitting written comments via the city's website. And three is attending the meeting in person. Uh number one, if you want to email your comments, you simply email a comment to the planning identified in the public hearing notice to man to m van Langenhusen at the dailycity.org. Public comment may also be emailed uh and by including planning commission public comment in the subject line. Number two, to submit a comment via the city website, visit the dailycity uh.org agenda. To complete the public comment form in the comment field box, include the item number and or title of the item as well as your comments. Number three, to speak at the meeting in person, please complete a speaker card located at the entrance to the chambers and submit it to staff members as early as in the meeting as possible. All written comments received by 4 p.m. on the meeting day will be provided to the planning commission prior to the meeting. Comments are not read aloud into the record. Any written comments received after 4 p.m. on the meeting date are not guaranteed to be received by the planning commission prior to the meeting. Persons with disabilities who require auxiliary aids or services in attending or participating in the meeting should call the office in advance as soon as possible. So, um, I just called the meeting to order. If you would join me in the pledge of allegiance to the flag.

I pledge algiance 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 for all. Okay. Thank you. Uh, can we have a roll call, please? Yes. Commissioner present commissioner here here

okay so we have a quorum so we are able to continue and do business the first item is the approval of the minutes that would be the minutes of March 3rd of the planning commission those have been uh sent out to us in advance uh has anyone have any questions or comments about the minutes. Any additions or corrections? Nope. All right. Hearing none, then is there a motion to accept the minutes as subitted? Motion. Thank you. Yeah. Moved and second. All in favor say I. I.

All opposed. All right. And there are approved. So, and now we're going to go on to public hearings. And the first public hearing is the coastal development permit CDP-01-24-16453 coastal development permit for new horse stable activities at 2152 Olympic way. Michael. Yes. Thank you, chair, members of the planning commission. This is a request by Tony Kazarus for coastal development permit at 2152 Olympic Way. We have a presentation for you, of course. So, the site's location again is 2152 Olympic Way. This is just north of the city's Thornton Beach Overlook property on Olympic Way on the west side of Highway 35. I think we're probably all familiar with where exactly it is. This is an existing uh horse stable as well as um equestrian facility. The property provides recreational uses and has for many years to the public at this location. This is a view of the existing street view looking westward from Olympic Way toward the property. Um, some of the uses that can be seen here are the existing uh training ring that's uh the exhibition ring that's uh used for equestrian uses as well as uh some food related uses that have been there for quite some time to provide uh patrons to the property with something to eat while they're visiting as well as a number of uh stables and barns in which the animals uh the horses that is are uh kept uh 24/7 365. So this is a permanent uh home for those animals.

So the description of the use is um and we have some photos and a site plan also which will follow this. Basically a modest in in scale temporary operation equipment supporting instruction supervision and coordination of activities is essentially the applicant's description of what they're doing in what they're proposing which is again uh trailers that are not structured and they're not installed or constructed on the site and they remain on wheels and this is most important at all times. So this makes them not a structure. Um when we were considering how to review this application, this property is in the city's RP, it's C zone C1, retail um office commercial, but it has a resource protection overlay zone. And normally with structures in the resource protection overlay zone, there's a list of criteria that we use to evaluate uh the uses and their compliance with the RP zone. this particular use because they're on wheels. Um they're trailered and then they're not structures. So um even though a coastal development permit is required and we'll get into the nuances of that in a moment um some of the regulations um that pertain to what what are considered structures by the city don't pertain to this use. So they the trailers as they are um can be relocated as needed and placed within existing operational footprint of the facility. So they can be moved around on the site and the plan is to do that um every now and then as needed uh for continued use of the site. The use does not alter the physical characteristics of the site or expand the operational footprint. So all of the areas that are being used by the equestrian center um are not proposed for any sort of expansion and uh that's

kind of an important point for us to of course note and again they are not attached to the ground nor do they require utilities. So we just provided a slide that shows a historical uh operational background of the ocean view stable. The historical operation has been as a horse uh boarding and equestrian facility serving the local community. The primary of uh use will continue to support these operations including horse boarding, riding, training, and horsemanship introduction. It's uh as most of you may know a very unique facility in Sonteo County and in fact in the Bay Area uh that we have here in Daily City. It provides a host of uses to um a wide variety of age groups uh for access to equestrian and introduction to equestrian uh type activities. The applicant uh utilizes the small mobile trailers and similar equipment within previously developed parking areas of the property. So the areas that are occupied by the trailers are previously disturbed. They're not areas that have, you know, have never been disturbed by people. Um that's just the nature of them. And um yeah, so this overhead shows a the proposed site plan. And to orient the planning commission, this is where the mouse pointer is. feel like I'm not loud enough. Where the mouse pointer is is Olympic Way and essentially the uh downs slope, if you will, down towards the beach occurs off property but about where the mouse is. And the applicant's proposal is the uh set of again trailers that would be used again for advancing

the educational aspects of the site uh with regard to equestrian uses. the uh there's a number of existing facilities on the site and they've existed for many years. Um there seems to be some confusion about some being new structures. They just kind of get moved around is our impression of what's happening there. Um but uh yeah, essentially they're not they're not new structures. The only thing that's being proposed at this time is the uh as I mentioned the trailers that are mobile on wheels. and we can revisit this if you'd like. I should mention parking does occur in the public ride ofway. Staff's been to the site quite a number of times and we've never noticed that even on the weekends. I personally uh cycled past this uh location almost every weekend and I'm anecdotally have never noticed any sort of a parking issue um even at peak use times. So again, these are the nonstructured trailers here. Again, all on wheels. This is a pedestrian path. I believe that's offsite, but people do walk by from north to south um as they gain access to the coast. And it is true, of course, that the trailers have already been situated on the property. That's uh something that we should make clear. So, the applicant's coming to sort of rectify an existing condition. So the next few slides get into some detail about the consistency of the proposal with the uh coastal development program. Daily city has a local coastal program, an LCP that was adopted in the mid1 1980s. So it's quite quite old um but still in effect. And then there's of course the coastal act. And so the city staff has compiled and we don't need to

go into a whole lot of detail here, but we'll touch on each one a list of reasons and they're included in the planning commission's finding as to why the development proposal development proposal and it is development and that's the second bullet. Um is consistent with the city's LCP as well as California's coastal act. So the um first thing is that the use is in support of an ex the proposed trailers are in support of an existing use the equestrian educational uh aspect of the site. The activity does constitute a development under this California's public resources code. And so we do need even though they're not structures, it does constitute a development under California law. So we have to take a look at um the or we have to evaluate rather the proposal under statutes. And so what those are beginning with the bullet three public resources code treats the project as a minor development where the development is consistent with the LCP requires no discretionary approvals other than the coastal development permit which is sought tonight and there's no adverse effect on coastal resources or public access. So, this is actually sort of a key uh finding, if you will. This uh site and this use in particular actually brings the city's residents and residents of the Bay Area and all Californians actually to enjoy the coastline more. And so, the uh access to coastal resources actually enhanced by the proposal. And for that reason um we have found the proposal consistent with this aspect of the uh of California's public resources code and in support of the minor development finding. So the project cons satisfi in particular this project the one that I've described you thus far uh satisfies

the criteria because it consists of limited temporary operational equipment. So this again the trailers are on wheels. They can be removed at any time. Um and they're exist they're ex accessory to an existing the existing equestrian use. The use occurs within the previously developed areas of the site as I described to you and does not involve the disturbance of the site or any expansion of the use. Uh in fact it just enhances existing land uses on the property. And essentially this uh slide, this bullet number uh identifies the uh proposals compliance in that it of course as I'd mentioned complies with the city's LCP, but it does not uh violate any environmentally sensitive habitat area. Again, what's proposed is uh we've looked at historical photos of the property. Um what's happening is well within the boundaries of previously developed portions of the site. So there's no environmental uh impact in terms of uh the environmentally sensitive habitat areas. Um in fact, we've uh proposed that the that what's proposed is consist categorically exempt from California's environmental quality act. So the project um does not access alter access routes or restrict public access and does not affect coastal access opportunities. As I mentioned, those opportunities are actually enhanced by the proposal. And then lastly, the public resources code uh identifies uh a criteria of the proposal changing in the intensity or density of the use of the land. And

staff has found that that actually just the enhancement and providing again additional uh facilities for people who are already using the property. um that in fact this finding can also be made as I'd mentioned and one of the uh we believe a resident of the area I don't think they put their address on the letter did send a letter and we did forward that to you and one of the things they correctly pointed out was that we have two reasons for categorical exemptions under SQA they actually both apply so we can choose either one um but we did uh use the 15301 existing facilities categorical exemption which this uh proposal is uh categor categorically exempt from California's environmental quality act. So we are recommending that the planning commission affirm the environmental assessment and forward the coastal development permit to the city council for affirmation. there's any questions. Uh the city staff of course is available to answer those as well as the applicant is uh available tonight to answer any questions you have.

Okay. Um at this point are we required to conduct a public hearing? Yes. All right. So I'll call for the public hearing and then uh I'll come back to the board members for questions or comments. So the public hearing on this matter is now open. If there are any members of the public that would like to speak on this, uh, please come forward. If you filled out a card, uh, be good to give it up now. All right. There are no members of the public who are here to address the board. So, the public hearing is now closed. So now, uh, board members, if you have questions or comments, uh, I'm happy to recognize you.

Mr. Chairman, yes, Commissioner Stori. Uh, it says here that's why we're having response to public comment. Do you have any public comment here that you can site why somebody opposed to this? Do you have the names? And well, uh, there was a letter submitted to the it was actually sent to the city council, but we forwarded to the planning commission. Do you have it? It was forwarded to the planning commission. Yes. Because most I understand long not long not too long ago when we have this supposedly a hotel being built, most of those who oppose this are not from Daily City. They are from San Francisco.

Have you not noticed that? All of them proudly and we are developing the daily city as it is but San Francisco is trying to meddle on our development plan. That is why I am asking who are those people who are writing letters to the city opposing this kind of project because I remember is Mr. Tony Casaris here Tony himself not how how many horses do you have? How many horses do we have? 20. Come on up. For the record, please identify yourself. Mr. Cornwell. Yeah.

I'm Zachary Leen. I'm a business partner of Tony Caceres, owner of the facility as well. And we have 26 full-size horses and one mini horse.

You know, in when we came here in 1992, I remember three of my girls, we always go there every weekend. is I think you were still young at that time and my daughter was about 5 years old. The other one is 10 and the other one is 14. Every week we we go we go there and because of they want to horseback riding they want to learn about equestri equestrian thing and I I can't assume that this place can be a tourist spot if only it will be developed properly

because I I I remember in 1992 I we start stop going there are practically 2000 2000 something because they're already. Yeah.

And I remember vividly that this place can be a a good uh tourist spot for for daily city because you have horses, you have and if we can develop this as a a hub for people who wants to go there and you know take a walk in the trail and then eat there their breakfast or lunch or whatever. It will be a good idea your honor. M Mr. uh chairman that is why I that's why I'm asking those who are opposing this I'm pretty sure that that daily city residents and we are trying to develop this uh city as as as good as we can and I remember that we have we have really to develop that area.

Yeah. And I I concur with with whatever plants you have and for as long as uh it can help really the the revenue also the seeds. Yes. And especially those people who are walking there trail to trail and after probably they can they can go into like Miranda or copy or if we can probably do that also and I can assure you that we can we can be able to support it and I appreciate that. Thank you. And the the the city is doing their job, too, because there's now a um a walkway being built to the um the state park or the federal park. That's what I'm saying.

Yeah, that's being built right now. And I think that's amazing. Um as far as the horse facility, it is a community thing, but it's also a tourist thing. Um we are a horsemanship academy first, and we're bringing horses to the community. And so that you guys know, this is the only horse facility um left on the peninsula. Uh there was one uh in Golden Gate Park that got shut down two years ago, I believe, two years ago. And so now we're the we're the only one. So um it is the horse facility of San Francisco, Daily City, Sanonteo, and it's it's a a staple for sure. Yeah,

that is why Mr. Chairman, I urge the the city council and the city management to help them also because uh we need this kind of uh uh place wherein we can we can relax at the same time. We can eat while we are we want to walk in the trail then after that we can we can have a soft drinks or water or Yeah. And we also do like all day clinics. So, a 15-hour clinic where you guys come out and you're spending a couple hours learning from me on uh horsemanship practices and then I have to reset, pull out other horses. You don't want to just stand there twiddling your fingers. So you can go enjoy uh the some food or go uh you know look at the sun uh the ocean

and the city of daily city should be aware that there we have such place like this horseback riding equestrian educational field trip for the young people also to learn about what is the you know America is known to be the horse country before the the advent of the techn new technology. So you can probably en encourage those that who wants to uh make exercise they can probably pass by there and probably have to rest at the same time. That is why we we have removed the fence in that because people can walk around and have some fun in in in walking around and then probably can we can rest in in your area

and I appreciate that too. That was a big win for you guys. The city should be uh proactive on this. Not only giving permit but you have to have so soal study well carefully about the area because we the city is mostly on uh malls. Yes. Like stores whereas we have the the nature here like horse horseback riding is good one. I remember in 1992 we always go there and my my my kids at that time were just small and they love it. And uh that's why I'm asking how many horses do you have? Yeah, we have over uh so 26 horses

because this one can be a good good place really to spot eventually if the city will just study this carefully and we're working with the city. Uh we've been talking with the police department on an inner city youth program working with them. Um yes actually I'm going to that about the public safety and hazard. Uh you have that you have the camera did you put a lot of cameras in your stall so more or less public safety must be uh at least safeguarded also but the people going Can you say that again? I'm sorry I missed.

I mean to say if you can put up some safeguards to the place. So more or less people will always be feel safe by putting up a camera, putting up a some sort of uh safeguards and we we have cameras on every inch of that property. Uh so you can't walk on the property without being seen uh by our That's what I'm saying. Yeah. So I the moment we go there I feel safe because we are people are looking at you. Thank you Commissioner Thank you uh Commissioner Sto for those uh those remarks. Very good remarks. Commissioner Fu, any comments?

No, I I I am amazed with the work that you have over there. I've never stepped on your facility. I never step, but I always pass by there to go to church and skyline. Um however um I'm very interested in the activities that you have there and uh what age are you um able to cater to? Um do you do any activities for um senior citizens?

Yeah. So uh we cater to all ages. Our uh academy is both for children and adults. Um, the way I like to look at it with the horses and the sport of horsemanship is, uh, you can keep getting older, you just get younger horses. The horse is the athlete. You just need to know how to talk to them. So, our program is to teach you how to speak with horses, to understand horsemanship, to understand how to get along with these animals in a kind and humane way. Uh, and then from there, you can take it into uh, competition, which we sponsor um, our students to go to competition with me when they get to that level. Uh, so this is all the way from never writing to competition ready. As far as uh elderly groups, we do have a group right now that comes out and they just come out and they uh pet the horse and stay around them and they get to move around. So, it helps um them just get some fresh air and be around nature. Uh and as of now, we just don't charge for that. We allow them to come in. Uh military veterans also ride for free. I'm a military veteran, wounded warrior, and coming back from Afghanistan, horses saved me and brought me back to uh present, helped me with my PTSD. And so to give back, veterans ride for free. Uh, as far as our program, we can do from 3 to 290. So

that's right. That's that's amazing. Do you still have donkey? Donkey. We do not have a donkey there for the for the kids. I mean, but we have a miniature horse. Um, I bought the miniature horse for my daughter's third birthday last year. Uh, and now it is um out for birthday parties and for youngsters and everybody. It's the most well- behaved miniature horse you'll ever find. So, in the trailers that you have there, how many trailers do you have there?

Um, the the the amount that we were proposing is 10. Uh, we have eight that are on property right now. Um, and yeah, the, you know, idea is, like I said, we have clinics that can go for 15 hours. We have people that are coming for the sip and paint experience, which you can come have a horse out. You're going to be taught by an artist how to paint a horse on your canvas. Um, and then you might do a lesson early in the morning and then you might uh do a trail ride in the evening and then the sip and paint in the afternoon. Um, we were just looking for a way to give people a space to be at um while they are enjoying all of the different features that we have here. Okay. Thank you and thank you for your service. Thank you.

Thank you, Commissioner. Uh, Commissioner Cura, any comments?

Uh, yes. So, I actually um stopped by unannounced um today after we received all these, you know, letters and I was just, you know, curious. I did see um the mobile trailers um um and they are indeed, you know, mobile trailers. It's all very exciting and all, you know, good for, you know, the city. um being the only one of its kind um nearby, I think it's going to be great for you know our city um for exposure and also you know just the nature of it um embracing you know scenery, nature and you know love for animals. Um I think it's great and thank you for you know um developing it and hopefully you know we can help you um

thank you. Thank you everyone. Become successful. All right. Uh I I would just echo the comments of my colleagues here. I think it's a great project. It's a good use of the land and it's an opportunity for uh all of our our people who really don't have an opportunity to share in this type of an experience to have it right here at home. And we're very lucky to have it. Uh and so um uh I at this point then if there isn't anything further, I I think it's time for us to have a motion. What motion exactly would you like? I know we have findings. Thank you. Thank you.

It would be a uh motion to approve the coastal development permit. Somebody would need to make a motion to to adopt the findings. Yes. Adopt the findings. Affirm the environmental assessment and recommend approval and or approve the coastal development permit. Is there a motion to that effect? A motion to adopt the findings as outlined herein. Number one, number two and three. Can I have a second, please? Second. All right. Roll call, please. Commissioner Coutur. Yes. Yes. Commissioner Fabua, that's a yes. Chairman Nurus. Yes. And Commissioner Satari. Yes.

All right. Yes. And uh it's been approved by the planning commission. It will go up to the city council for their consideration. Thank you for coming out and sharing the information. Congratulations. Yes. And that'll be on May 26th, a Tuesday. One last request, Mr. Mr. Chairman. Can you paint all those places white so people can see it clearly as clean as your your facility? Can you paint it? Want me to repaint it? Repaint? Yeah. So we can It looks clean if it is white. I don't know. It's up to you guys. Uh yeah. Yeah. It's mostly white with black trim right now.

Um but it has been 3 years since we painted it. Maybe because that that place can be a good party place also for the kids especially the horseback riding port. Is you still have roundabout, right? Yeah. I'll I'll let my wife know that we need to repaint it. She'll be happy. So, thank you. Thank you very much, Mr. Boy. Thank you.

Good evening, Councilwoman. Nice to join us. Next item on our agenda, if I can find it here, is uh zone change ZC 042617042, amendment to uh chapter 17.04 definitions. Chapter 17.35040, general property development requirements. And chapter 17.40.090, 090 review of modifications to residential floor plans, repeal of chapter 17.40.100 secondary unit standards and requirements and 14.40.110 certificate of registration requirements. Michael.

Yes. Chairman Nurus, members of the planning commission. This is a request by the city of Daily City to amend this Daily City zoning ordinance. The chairman outlined the sections that are proposed for amendment. And we of course have a presentation for you. This is sort of an outgrowth or an implementation measure, so to speak, of the city's housing element. We're kind of going through the housing element now and identifying areas where we need to update the city's codes. Um some of you may be aware through the um workshops you've been through or been to rather uh of the cities or the state's evolving regulations with regard to accessory dwelling units and getting into the uh background of this and I'm going to deliver more than what the screen says but essentially accessory dwelling units we used to call them second units in Daily City and sometimes they called granny units back in 1980s are essentially uh additional self-contained residential units within a home. And usually in Daily City, what that translates into is essentially the unfinished uh basement of all of the a lot of the houses, especially the post-war constructed houses have this area that was left unfinished. And so people have finished them off with these uh they used to be called second units. So Daily City since the early 1980s has had a very robust second unit program. Um we had a lot of second units constructed illegally. So in the 1990s we went through a process of legalizing the ADUs uh or second units. Let's call them second units until we get to the current time. So this concept isn't new in Daily City. In some many parts of California, there's been a lot of

resistance to this type of uh activity on a single family property. And so the state has had to come in and strengthen this ADU laws. And so uh fast forward to the present time um the housing crisis caused by the economic boom of California in the you know earlier you know 2000s 2010s led to uh essentially uh the state passing a number of laws uh that eased regulation of AD use throughout California and in fact um and then we'll get into the slide here uh the state has even allowed people to constru construct a whole different building in the backyard which is a completely new concept and um people have done that in daily city. You may have heard of such construction. There's not many um I'm going to just guess there's maybe 20 or 30 because most of them you ADUs are built downstairs like I said. So that's sort of a background and into what um like second units and ADUs uh are and have sort of evolved in in the state over say the past what 40 40 years. So um so in since the inception of state mandates for cities to allow ADUs um since the 1990s since the 1980s rather this we estimate that actually we have about 2,200 ADUs. We actually counted them for this presentation and we uh given that history we have a relative trickle now um of 30 to 50 but relative to other cities on the peninsula in this county anyway this is actually quite a larger number although I think that some of the larger cities are catching up with us in terms of how many per ADUs they permit every year but historically we've had this number um for quite some time sustained construction ction uh of ADUs. So again,

not a new concept to us. So one of the things that um was introduced was the junior accessory dwelling unit. U the state came up with a concept where if you uh built an accessory dwelling unit that was 500 square ft or fewer, you could have relaxed essentially relaxed building codes that uh would be allowed. And one of the provisions of this was that however that the homeowner had to live on the property. Now just recently the state passed a law that removed the homeowner requirement. So now anybody can build a junior ADU so long as the bathroom is not shared with the upstairs. So long as it's, you know, bonafideed junior accessory dwelling unit, the homeowner doesn't need to live on the property. So point being there is that the state is uh every year has new ADU regulations and we'll get into what that means for our regulations and it's sort of addressed in a letter we received from the HDF um also also talk about that in a second and the last bullet is just that again that some homeowners are utilizing the allowance of building the detached ADU in the backyard. Most of these are about 1,200 square feet by the way but that's kind of you know not small but so beginning in 2016 the state legislature uh passed again significant reforms uh for ADUs that affected all cities in California charter and and um what's the other kind of city? Yeah, all cities in California. Key changes included mandatory ministerial approval. So there's no public hearings or anything like that. 60-day review timelines, removal of parking requirements, and this is a very key thing. So, I think it was in 20 maybe 18 or 20, yeah, 2020, the state passed a

regulation that said if you're within a half mile, your house was within a half mile of uh high quality transit. And there's a definition for that meaning that there are headways and the bus comes on average every 15 minutes that um you don't have to provide any parking for your ADU. So the city staff at that time drew concentric circles around what we consider to be high quality transit including um SAMR and MUN lines and we essentially decided that the entire city was uh transit approximate and so throughout daily city the city it's a planning division implementation of state law no parking is required for an ADU or a junior ADU. So this is a big big change uh from the way that we used to regulate accessory dwelling units. So um there's a sort of a concept in law that um called preeemption that higher levels of government's laws preempt the lower government's level lower level of government's laws. Does that make any sense? And so the uh state of California passed accessory dwelling unit regulations and all California cities have to comply with them. Some cities are um have been sort of in denial about having to do that. Daily City is not one of those places. We've very very much have uh complied with California law and in fact we created a handout about 5 years ago called the accessory dwelling unit guide that essentially explained state law and how the city of daily city complies with that. So when we developed our housing element, the uh state actually literally gave us a phone call and said, "Are you going to adopt your own accessory dwelling unit regulations or are you just going to operate under

California law?" And at that time we agreed that we would just operate under California law. And um yeah, so they were, you know, not happy about that, but they were that that was a solution that we came up with. it was we didn't put in our our housing element that we were going to adopt any separate set of regulations and the the planning commission received a letter from the I believe it's the uh is it housing defense HDF and one of the first things they comment on that in in that letter is um applauding for lack of a better word the city's basically enforcement of California law so we're not coming up with our own set of regulations and people don't have to compare whether our regulations meet the state law. We actually operate under state law.

Yeah, there's no reason not to.

So that and so we have some slides that have the accessory dwelling unit handout just so that you can see what it is. There's visuals that explain to the public and this is a form is available at dailycity.orgu if you'd like to read it in in its entirety or if you're thinking of building an ADU yourself or if anybody listening tonight is. So, we make the form easy to access um on the internet. And so, that gets us to tonight. And I've sort of explained some of the bullets. We operate under California law. So, we don't have our own regulations. Um and we're allowed to do that through the concept of preeemption. Um we can we don't have to have local law. We can rely on state law. Um, and one of the reasons why we do this is again, this California's laws are kind of always changing and so that we don't have to keep coming back uh for amendments to our ADU regulations and worrying if they meet, you know, state law that just got passed or we just operate under California law. So, I think that kind of um emphasize that. So, that's our current practice. So, yeah. So leading to tonight, so the um people who work in the state department of housing and community development that we call it HCD, they are the reviewers of the city's housing element and they review complaints that come from the public about how the city may not be comply not this just not just daily city but any city may not be complying with state law with regard to edus or any other housing laws. There's a whole department called HCD and they've reminded us uh that we need to repeal our existing regulations because our existing regulations actually require density calculations and require parking

already repealed.

Yes, exactly. And so um there's a whole bunch of u regulations currently in daily city zoning ordinance that are essentially not legal and so we need to repeal them. Um so we're proposing that those regulations be repealed. There's also a certificate of registration program that the city has used to essentially um document that homeowners are living on the property where their second unit is. And since homeownership is not required anymore, um we're also proposing a repeal of that section. There are um some things though that we'd like to retain and um they are important to us and the letter that the planning commission received um from HDF uh is suggesting that we can't do these things and one of the things that we will do in between because it takes when we amend the zoning ordinance it takes time to go from the planning commission to the city council. It's not like the coastal development permit where it just goes to the next meeting. So, we have time and if the planning commission recommends approval of what we're proposing, we'll go to HCD. We'll communicate via email and they'll let us know whether they're okay with the regulations that and they may be they might not be okay that won't make it to the city council. So, that's addressing the letter that you received. Um, we we are allowed to do some local things. um HCD does allow that when it you know doesn't when the basically the HCD staff feels that it doesn't significantly affect uh ADU production and we don't think these regulations do affect ADU productions because we have had them these are existing uh regulations and nobody's ever complained about hey I can't build my ADU because of this. So so we have a track record of of this. So and we'll just go very briefly through

what those are. So, usually um ADU a lot of our ADUs are built in the uh what we call postwar subdivisions which is west of 280 and these are homes that have sideyards. They just happen to have the um downstairs basements unfinished and so uh because of the grade uh we we had always wanted the ADU entrance to be right by the main entrance of the unit so that the next door neighbor people aren't bothered. Sometimes people hang outside their entrance just like any anybody. They're not doing anything wrong, but they hang outside their uh the entrance to their unit and sometimes they smoke. And we had some complaints 1015 years ago about the impact of that to the neighbors. And so we passed a regulation and we put it in our zoning ordinance that the uh ADU had to be on the same side of the home as the main entrance. But that we found out was hard to implement because of the grades that the homes the floor plans were built at. And so it became a popular remedy um to address the staff concern that the ADU entrance would be built on the back side of the property. And that definitely worked to address the privacy um issue, but it created another problem in that people were because of if you can think of um a typical Daily City um home, the entrance to the house, there's not that on on the side where the entry is that goes upstairs. There's not that much room between that staircase and the side property line. And so applicants for ADUs were proposing that the entrance be on the other side of the house, which is fine except that it was causing trespassing issues. People where there was no concrete, it was just dirt or walking onto the adjacent neighbors property to get to that rear gate. So, if you can kind of envision that. Um, and so what we did is came up with a

regulation that said you had to provide a concrete walkway. I believe this was in 2017. um that led from the driveway or the public right ofway all the way to that rear entrance. So people would be walking. So it was a clearly defined, you know, it's a concrete thing people walked on. And so we would like to retain that regulation. So we don't want to have a whole separate ordinance, but we want to put this in another section of the code essentially. And so that's um one of the things. Another thing that we've noticed, I'm actually going to skip from number one to number three, um, is that um, in homes with no sideyard, because we do have ADUs proposed where there's no sideyard, we have found a a issue where when garages are converted, because now state law allows the conversion of garages to junior ADU and even ADU where it's needed to fulfill the minimum imum number of square feet that an ADU can be. That makes sense. And so what's happened, and this has only happened a couple of times, is that there's no place because there's no sideyard to the house, there's no place to put the trash cans and the recycling bins. And so what we've devised is a proposal that the garage door would be retained. And this is this requirement actually isn't in the city's ADU regulations currently. it's in another section of the code and we've implemented it when reviewing edus. So what we've proposed is that the garage door be retained and that be there be a 36 in space between um the back of the garage door and the um beginning of construction of the junior ADU to store trash cans and recycling bins. Um this is a very similar regulation that um occurs in the city and county of San Francisco. And so we do believe that um daily city would be availed to this regulation as well since

it's allowed in San Francisco. So that's the second one we've proposed. And then the third is that if a pedestrian entrance is to occur and again this is where um this would only happen where there's no sideyards um was to occur on the front elevation. We would like that entrance to be perpendicular to the street. So that we just think that's a um better uh visual function just um more um aesthetically appealing. This may be one the state doesn't allow. Um but we have uh again it's existing city daily city zoning ordinance code that we would like to retain. And again we're not proposing a whole new ordinance out of any of these things. We'll just put them as sections of the zoning ordinance. But those are the three things that we'd like to retain. they seem reasonable um for sort of you know some of it's keeping the peace with the next door neighbors maintaining some visual harmony in neighborhoods uh and uh making sure that you know again people are storing their garbage and recycling materials in a way that you know is you know is aesthetically you know appealing to to the neighborhood. So we we we will run those past uh HCD before going to the city council. we do think they'll they'll not have an issue with them, but we'll find out. So, that's uh our proposed local amendments. I should add that's not in the staff report is that um we have objectives design standards for ADUs and the state does allow those. When the city adopted its residential citywide um residential guidelines a couple years ago, we did put a couple of sentences in there about how ADUs and especially where they're going to be built in the rear yard sort of have to have uh some architectural qualities as the front uh home and so long as the standards are objective, we are allowed to have objective design regulations within reason. And we'll also mention that when

we uh again email the state should the planning commission advance this to the city council. So the uh projects uh exempt also from SQA and we are recommending that the planning commission make the finding of exemption and forward the changes to the city council for approval. And this would be in uh very likely June. We have to set time and place and then there's a public hearing at city council. There's any questions we can answer those for you.

All right. Again, before the board has an opportunity, I'll call for a public hearing. Public hearing is now open on this matter. Any members of the public who would like to address this, please come forward now. Seeing none, public hearing is now closed. And so now u board members if you have questions uh I'm happy to recognize you commissioner couture. Uh no I I don't have questions at this time. Thank you.

Thank you commissioner. I I when you were talking, Michael, I'm a visual learner and I'm trying to picture, you know, how all these units are even defined or even how they look like. And so I have this crazy thought in my head. Perhaps we can have create some models, you know, those small models and maybe put it somewhere here in the city

to even like for the public, you know, how exactly how it looks like. you know and what to expect you know how it will be able to adhere to all the regulations and I am grateful that we are aligning with the state so that way everything is is there you know that hopefully hardly any findings at all but then the question is how many residents in daily city that are adhering to these regulations s and that are legally you know adapting this right.

So my thing I just want to see the models created for how it will look like. Those are great, you know, and maybe a showcase of it, you know, for that. This is how a a junior and a, you know, 80 year just So, thank you. Yes, you're welcome. And, uh, just to address that real quick, um, one of the laws the state passed is that the city has to develop and and we've done this prototypes for ADUs that can be constructed. And those are located on the city's website. They're not in the exact location of this. You just have to type ADU prototype.

Must you can probably do 3DS 3DS also uh and have that online where you can visually see the 3D which would give a lot of different examples of it as well. So a good thought. Thank you. Commissioner Stori, any comments?

Yeah, Mr. Chairman, I'd like to ask the director here if he knows this uh newly uh law that was signed the AB130 sponsored by Betty Wixs which reinforces all your proposed amendment and modification to because this uh this new amended law which is called permit streamline act of the SEUA. Mhm. I think it can cover this one. Sure. If you just you could just go online later on. Yeah, we'll check.

I I wouldn't want to squeeze on you on that, but if you will just read it and probably we were we're okay. Yes. Because this one has been amended the sequa by this 130.

Yes. AB130 sponsored by Betty Wixs. It is being now being in in our even in as a member of the planning commissioner uh academy. That's why this is being discussed now how to implement this. Uh I I was listening the other day in Sacramento and they're going to implement this because of the shortage of housing ADU JDU and this will be covered. Yeah. Very good.

That's just an information I'm re relaying to you. So it is a reinforcement to your proposed modification. Thank you very much Mr. Chair. Thank you commissioner. Um, so I think it makes total sense for us to be in compliance with the state, not have our own, uh, which we'd have to modify all the time. So, um, I echo the same concerns and, uh, support. Uh, so, um, is there a motion to, uh, advance, uh, the recommendation of staff? Oh, I'll accept a motion if someone says so moved. Yes. Thank you. It's It's been moved. Is there a second? Second.

All right. So, we've moved and seconded the recommendation of staff. Uh, roll call, please. Commissioner Cottoire. Yes. Commissioner Fabua. Yes. Chair Nuras. Yes. Commissioner Satari. Yes. Thank you very much. Yes. This this uh recommended the city approval of zone change everything. This is covered by the by the law AB130. Oh, sponsored by Bety Weeks. Very good. All right. Are there any other public appearances tonight or staff communications uh for the board?

The staff has no communications for planning. Thank you. Acquisitions, vacations, etc. Nothing under those areas. So, uh we're at the point where um I'm happy to entertain a motion for adjournment. moved. Do I have a second? Second. Thank you. All in favor say I. I. I. All right. Then we're adjourned at let's see what is that 7:56. Happy Cinco de Mayo. Yes.