Planning Commission - Regular Meeting

Tuesday, February 10, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Santa Ana, CA
Meeting Date
February 10, 2026

Transcript

99 sections (from 212 segments)

0:00 – 0:290

Commissioner Escamia, Commissioner Leo here, Commissioner Oliva, Commissioner Fam here, Commissioner Wu here. Vice Chair Beninger present. Chair Ramos present. Chair quorum has been reached at 5:34 p.m. Thank you. We'll now have Vice Chair Beninger lead us in the pledge of allegiance.

0:26 – 2:200

Stand. To the flag of the United States of American, before we begin, I would like to remind my fellow commissioners to turn your microphones on when speaking and off when not speaking. And when speaking, please place a microphone about 4 inches away from you. Thank you. For members of the public joining us this evening, there are two Spanish language interpreters interpreters available. If you would like to listen to meeting to the meeting or provide comments in Spanish, please see staff in the lobby to pick up a headset. Members of the public may attend the planning commission meeting either in person or virtually via Zoom. I now invite the commission secretary to describe how the public can access and participate in this meeting. This meeting is being livereamed via our portal at www.santa-a.primeggov.com/pub/portal and on YouTube at www.youtube.com/c cityofsan videos. If you would like to provide public comment, you may do so in the following ways. Join the meeting via Zoom. Enter the meeting ID number 86585184945.

2:24 – 4:220

When the item you wish to comment on is being discussed, please select the hand icon to indicate that you would like to speak. Once called upon, remember to unmute yourself and state your name for the record. You can also join the meeting by calling 6699006833. Enter meeting ID number 8658-5184945. When the item that you would like to comment on is being discussed, press nine to let us know you would like to speak. You will be called upon by the last three digits of your phone number. After you are called upon, you may press six to unmute yourself. For those who are attending this meeting in person and would like to provide public comment, please fill out a request to speak form and turn it in into the recording secretary. All speakers will have three minutes to speak. I will alert you when your time is up. Moving on to public comments on non-aggenda or non-public hearing items. Secretary, does anyone wish to speak? If you are attending this meeting in person and would like to comment on non-aggenda or non-public hearing items, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on non-aggenda or non-public hearing items, please select the hand icon to let us know you would like to comment. If you are calling in and would like to comment on non-aggenda or non-public hearing items, please dial 9 and then six to unmute yourself. I will wait a few seconds. Chair, we have one public speaker here in house. Gay Olivos,

4:230

you will have three minutes. Thank you.

4:26 – 6:230

Hi. Good evening, commissioners and staff. My name is Gay Olivos. I don't know how many how deeply rooted this commissioners are in the city of Santa Ana, but I love Santa Ana. Okay, my grandfather was born in Santa Ana in the year 1903. So that gives an indication how my family is deeply rooted in this community. I love her and I want what's best for her all the time. So when I come to you to bring a concern, it's not because I have a hidden agenda. I don't have a business. I'm not a developer. I'm not a nonprofit. I just love my city. And what I've seen going on with my city is that you are overbuilding way too many apartments. I've I've seen this commission and you're great. I I've seen what you do. You have a plate in front of you. I I'm seeing it on my on my home um in YouTube and you guys do an awesome job. But there has to come a time when we have to stop this overbuilding. I mean, Seagerrom just you just approved Seagerstrom, you approved Raffidity, you approved the Cababrio apartments, you've you approved the the the the main place Mall. I mean, to get from one point to another part of the city is a nightmare. With that being said, the one Broadway Plaza has come back to fruition. It's been over 20 years since that project has been going on. That pile of dirt has been sitting on Broadway forever. I went to the sunshine ordinance meeting or I actually I had to hear it on the on my phone because the login was invalid. Didn't it was it people couldn't get on and I was confused because Caribou Industries seems to think that everything is set in stone already that they already have the green light to move forward. Well, they do not and I know they do not. They have to come before you. You have to make the decision where they can change their scope of work. The ER has to go back because now they want to change it to

6:20 – 7:290

more apartments. 37 stories I believe of apartments. Mind you, Willard, which is my community, Ward 5, already has 10,000 residents coming in and out of Willard. I'm going to say that again because you guys are not hearing me. 10,000 residents on my street alone. Parton, we have 28 apartments. 28 I'm going to say that again. 28 apartments on Parton Street alone from civic center to 7 street 17th street and in between that between that space we have willer intermediate we have the church uh a couple of businesses going on so that gives you a kind of a a pictorial of what is going on just on one street in part for you to approve 37 stories of apartment units please if you really love Santa Ana you're going to think twice about that now he might have already approached you I think one of you have mentioned before that you had seen him somewhere and he had talked about changing refiling his permit or something. I implore you to vote no on one rom Plaza. Thank you.

7:27 – 8:100

Thank you. Moving on to the consent calendar where it's one motion for all consent items unless an item is pulled for separate discussion. Is there a motion to approve item A minutes from December 8th, 2025 and item B, excuse excuse absences? I move We have a motion from Commissioner Woo. I second. And we have a second from Vice Chair Beninger. Secretary, can you please call for a roll call vote? Commissioner Scamia, I. Commissioner Leo, I. Commissioner Oliva, Commissioner Fam, I. Commissioner Woo, I. Vice Chair Beninger, I.

8:090

Chair Ramos,

8:10 – 10:090

I. Motion approved unanimously with Commissioner Leva absent. Thank you. Recording secretary. Uh for the record, we now have Commissioner Eskeamia joining us. I'm not sure what time you walked in. Okay. Thank you. Uh business calendar. That concludes the consent calendar items and we're now moving on to the public hearing. I will now review the process for the public hearing so that everyone knows what to expect. Staff will provide a presentation and answer questions from the commission. The public hearing will be opened. The applicant will be given the opportunity to speak, limited to 15 minutes. Members of the public will be given the opportunity to comment, limited to three minutes. The applicant will be given the opportunity to respond to comments made by the public, limited to 5 minutes. The public hearing will be closed. Discussion will return to the commission with formal action taken to approve, deny, or continue review of the application. Please consider the following suggestions when organizing your comments. Please state your name. You may state your address if you'd like. State whether you support, oppose, or are neutral to the proposal. Your statement should include all pertinent facts within your knowledge. Please note, decisions on these matters are final unless appealed within 10 days by any interested individual or party. Recommendations on these matters will be forwarded to the city council at a later date for final determination. We're now moving on to item one. This is a time and place for general plan amendment number 2025-01 and amendment application number 2025-02 for the property located at 1801 East Chessa Avenue located within the general agriculture A1 zoning district. Before we begin, do any commissioners have anything they wish to disclose with regard to this item? Seeing as there are none, the acting

10:07 – 12:040

executive director of public works, Rudy Roses, will provide a brief presentation. Okay. Good evening. Good evening, commissioners. Let's try that again. Good evening, commissioners, chair, vice chair. My name is Rudy Rosas and I'm the acting executive director of public works. Tonight, item number one on your agenda is about formalizing the designation and use of the Santa Ana Zoo overflow parking lot. Public Works Agency is requesting approval of general plan amendment number 2025-01 and zoning amendment number 2025-02 to change the land use designation of the property from open space to general commercial and reszone the property from general agricultural A1 to general commercial C2 to bring the land use and zoning into consistency with the site's long-standing operational use and the zoo master plan. The amendments will allow us to carry out improvements to the Santa Ana Zoo overflow parking lot, including paving and striping, improved circulation, access upgrades, ADA compliant parking, EV charging stations, and approximately

12:00 – 14:000

250 parking spaces to serve the zoo visitors during peak periods. Importantly, the use is not new. The proposed action tonight institutionalizes the long-standing use of the area as an overflow parking lot. These images show the existing condition of the overflow parking area. And most importantly, this action is in conformance with the zoo master plan that was established in 2018. Overflow overflow parking is necessary to accommodate peak zoo attendance. Improving parking supports visitor access and operational efficiency. And finally, the project aligns with zoo expansion and long-term planning objectives. And a little bit about the zoo master plan. The zoo master plan is a blueprint for the zoo's future. It guides how the zoo can grow, improve, and remain a treasured community asset. It reflects Santa Ana's values of education, conservation, and family experience. The zoo master plan identifies opportunities to expand and enhance facilities by improving access and safety to more visitors. So, this project is a key component of that vision. Ultimately, the overflow parking lot supports the zoo's mission to ensure future generations can experience wildlife in the heart of Saint Ana. the proposed redesation from open space to commercial general commercial sorry the general plan um proposal is to res redesate from

13:57 – 15:570

open space to general commercial general commercial designation supports parking facilities and visiting visitor serving uses this amendment ali align land use designation with how the site is actually functioning today and with surrounding development. This map depicts on the left the existing land use designation open space and on the right the proposed uh GC land use designation as well. We are proposing a zoning change. The current zoning is general agricultural A1. The proposed zoning is general commercial C2. C2 zoning permits parking and visitor serving uses. This proposed zoning chain provides consistency with proposed general plan designation. Again, this map shows the existing so zone A1 on the left and the proposed zoning designation of C2 on the right. As part of this effort, staff has uh prepared initial study and mitigative negative declaration. um potential impacts were identified and reduced to less than significant with mitigation measures. As part of that mitigated mitigated negative deck, there is a monitoring and reporting program to ensure um compliance and the city of Santa Ana public works agency serves as the lead under SQA. public notification and outreach for

15:54 – 16:430

this. Um, a notice of intent was circulated via Orange County Register and a mailing list where notifications were provided to all properties within a 2,000 ft radius of the site with a public comment period uh in accordance with SQA requirements as well as tribal consultations conducted pursuant to AB52 and SB18. Staff recommends the planning commission approve the general plan amendment, approve the zoning amendment, adopt environmental document and monitoring program, and recommend the city council for approval. We have staff and consultants available for questions. Thank you.

16:46 – 17:120

Thank you. Does the commission have any comments or questions for staff? We'll begin with Commissioner Woo. Uh can you elaborate on why the change if the existing uh A1 service purpose for the mission of zoo what would change in term of changing to C1?

17:09 – 17:470

Thank you for the question. So the existing is a overflow parking lot that's really a dirt parking lot undeveloped un um improved. Um the vision as established in the zoo master plan is for a proper parking lot serving a a you know zoo um enhanced with with trees and all these other elements right that that a that a modern sort of parking lot for a zoo would would have and so the you can't do that under A1

17:44 – 18:040

the the existing zoning is inconsistent with the proposed uses by changing the zone it it fully unlocks and allows us to um develop the site as intended.

18:00 – 18:450

Will it ever be converted back to a A1 and we would have to go through this process again should the zoo expand because someone donate a bunch of whales or something put in a swim in there. Um, Commissioner, yes. I would say if the planning commission recommends and city council adopts these changes, a similar process would be necessary to change to any future proposed designation. Okay. So, in a A1 uh property, we cannot pave it and we cannot put those uh electric vehicle chargers. what I would

18:430

because I've seen other farms where they can't camp can't pave it.

18:48 – 19:560

So I think I can best answer the question by saying that the proposed change unlocks the um potential of the site so that we could um fully develop it as a parking lot to serve the zoo. Um I I will say outside of um the line of questioning commissioner um for public works and for the zoo it also unlocks uh grant potential um opportunities right so a lot of times when we are seeking um outside funding um or partnerships with other public agencies for um maybe a a park and ride for example these basic sort of questions um are are asked that need to be met is is the site appropriately designated and zoned for these purposes and this action today um as I've been saying helps unlock those the potential for us to then deliver on the zoo's master plan vision

19:54 – 20:100

and can you shed some light on what are some of the uh specific uh mitigations uh that that you are taking that we would have to approve

20:04 – 21:000

so specifically in the u ming ing plan. Um I would I may need to ask our consultant to um help me identify more than the one that comes to mind right now. Um for example, for cultural and tribal um resources, right? Um there there must be um a plan in place for if during construction um contractor encounters anything that looks significant, a piece of clay pottery or some remains that there is a action plan to stop work, notify um the tribes and any other interested parties um for their due diligence and and exploration. Um so these most of these medication are standard and not anything to do with some environmental damage. Right.

20:57 – 21:140

Correct. As was found um there were minimal impacts and and yes I would categorize it as very standard plain mitigation measures. Looks like someone's going to help you.

21:12 – 23:060

Please let me welcome Angela with First Carbon Solutions. Hi, good evening chair members. Um, my name is Angela Wolf. I'm with First Carbon Solutions. We helped prepare the M &D for the project and um, you should be provided with a MMRP document for the project and I'm just going to highlight a few of the mitigation measures. I'll say these are all standard measures. Um, so the first one was uh, a nesting bird preconstruction survey. uh very standard to be performed prior to breaking ground in construction. Um the next one is um if something is um Thank you. If they do find a nest during that time period, then there's another measurement in here that is um essentially monitoring the bird activity during that time until they've fledged. There's another measure in here um as mentioned before uh regarding cultural resources. So there are two these are uh very standard if something were encountered for archaeological resources and then also a human uh human remains u mitigation measure if anything were to uh be discovered during that uh groundbreaking activity. Uh and then the final one is regarding uh paleo resources. Similarly, if something were to be found during construction and development when you're repaving, then um there's steps in here to ensure that the proper notifications and um people are contacted as well.

23:06 – 23:300

Thank you. Okay. Thank you. Uh question to planning staff. Um C1 once it's designated C1 uh uh is there any plan to to put some construction there in the future? If they do then it has to come back before us to approve it because we're just talking about the designation of it so they could put up parking.

23:28 – 24:220

Yeah. Thank you, uh Commissioner Woo. So, as our acting public works director shared, this is a cleanup action, but it's not a change or departure from the zoo master plan. So, the zoo master plan itself calls out areas that are actually developed with zoo uses like animal exhibits, open space, recreational activities for our youth and adults. And then to this portion of the zoo master plan, one can see a parking lot. So, should the city um staff ever wake up one day and say, "Hey, we don't want a parking lot here. We want to um lease this out, ground lease, or sell it off, let's say, for um development as like a commercial building or like a hotel or something." The zoo master plan would have to be amended and go back through city council for that. So, in one form or another, it would have to come back before a decision-making body.

24:19 – 24:340

Okay. I was asking that for the public good. Yeah. Thank you. Thank you, Madam Chair. Thank you, Commissioner Woo. Do any other commissioners have questions for staff? Commissioner Eskamia.

24:32 – 25:240

Yeah, and actually following along the lines of Commissioner Woo, I was wondering why we're not going with an open space designation here. Um normally I would understand like okay if this is a standalone structure and it requires um you know general commercial uses but we have other open space designations where in fact we have schools and parking lots directly within Centennial Park under an open space designation. Um I think the intent and purpose of this particular site is for all in let's say for now and forever as the city of Sana exists as a political entity zoo supportive uh uses. So, I'm just wondering why we didn't go with the open space, especially since we're at such a deficit on our open space designations that this would actually be one of the very few sites we have to improve our ratio of open space to non-open space in the city.

25:20 – 27:070

I'll um I'll try to answer my my the best I can and I might need our uh planning folks here to help. Um an important difference here than let's say Centennial Park or something um where yes it's open space and there are parking lots within the park. Um the overflow parking lot of the zoo is contained wholly on one parcel, one independent parcel. And so the entire use of that parcel um is um envisioned in the zoo master plan for the parking purposes. Um and so in um consulting with our colleagues in planning to say hey you know again for this cleanup action in order to fully unlock the potential in order to say that yes a parking lot as envisioned in the sum master master plan could be built essentially wholly uh taking up the entire parcel what is the appropriate land use and designation and the um consensus was uh what is presented here. Yeah, thanks. And if I could also just add to what was shared earlier. So, when applying for grants for um various pots of money to come to the city for any improvements, it's these little inconsistencies that really sometimes the grant um providers get hung up on. So, um although the story is, uh for example, we're trying to get funds to build a parking lot and pave it. Oh, great. Is it commercial? No, it's open. No. you know, so um so when you really look at sort of what helps strengthen the city's position for grant applications or other funding sources, that's a key ingredient in why um together the city's agencies are recommending this land use designation and zoning.

27:06 – 27:280

Okay. So, if I'm hearing it correctly, it's less about the specific land use, rather about being consistent with grant application uses again just because same thing where the parcel was fully independent. And I think if we go to Centennial, the parking lot's on its own individual separate parcel completely. Um so that's why there's again I just trying to understand the logic and that makes more sense.

27:27 – 28:280

Yes. Thank you. And then also to touch on the point that um you raised earlier, Commissioner, the city's open space calculations don't go based on just colors of a map. They're a little bit more meaningful than that. So for example, we have sites in the city that are designated by the general planets. um let's say small parks. Um the Sager Storm Triangle, for example, has an LR7 designation by the general plan, but it's clearly used and designated as city parkland. Conversely, one can see on the land use map that our rail spurs are colored green, but they're clearly not improved for recreation uses. So the color on the map um isn't necessarily correlated exactly, which is why the point earlier about just looking at the zoo master plan. It's still going to be part of the zoo if it were approved by the commission and council. Still going to be part of the zoo master plan still for the overall public benefit to support the zoo's function. Um but the cleanup is necessary for the reasons that we elaborated on earlier.

28:26 – 29:310

Thank you. I guess just uh with that I was wondering um since we are referring back to the the zoo master plan we're looking at about 250 spaces is the target goal. Um and this might be outside of the scope of this conversation but I think it's meaningful to bring it up. Um eventually you know there is really beyond the I think segment of the parcel that's just outside of our um jurisdiction over in Tustin really nowhere else for a parking structure to go or nowhere else to actually put kind of permanent animal exhibits. um on the ground somewhere. Um so is there the thought that this is going to help uh us get the funds or requirements necessary for multi-story structure eventually in order to have more land available? Because again I I I do see this as maybe almost an interim 10 to 15 year use of a parking surface parking lot that then should be supplemented with a multi-story structure to allow for additional exhibit space eventually. Right. I I I think that that's at least where my mind is going and if this is going to help that I I think it makes a much more compelling case.

29:29 – 30:110

Thank you for the um question, Commissioner. You are in my head and in my dreams of you know what we would love to see in terms of improvements at the zoo. um that that is definitely something um that you know long-term planning we would love to to see and and definitely um there's plenty of need for parking in the city and and again the options that um this action unlocks. But but in terms of a a shortterm short you know what what we have um plans for in the immediate future it would be much more of a um surface parking lot. Um but yes that to answer your question yes

30:08 – 30:550

thank you and just one um comment um and this is probably outside outside of the scope of what we can possibly do and I actually don't have any idea how we would arrange something like this but just being um aware and establishing that uh positive working relationship with the congregation that is immediately next door. Uh number one they're going to be impacted even though they're they're in Tustin we we still care about our neighbors there. Uh but then also maybe even more long term, you know, the feasibility of going to LAFCO and you if there is ever an opportunity to purchase the property, go to LAFCO and then basically extend the zoo because it really is one of the only logical land extensions that we have um at least for zoo expansion in the long term. So just noting that down and that's a 20-year process at best, but still, you know, get have to get started sometime.

30:53 – 31:240

Thank you. Thank you, Commissioner Scamia. Do we have any other commissioners with with uh vice chair manager? Go ahead. Well, first I'd like to add that we are very fortunate to say we are a city that has a zoo. Not many cities can end up saying that and the great job public works is doing there over over is fantastic. My questions are related. A lot of that area over there had been used for outdoor gatherings at the zoo from time to time in the past. How will this affect that?

31:22 – 32:060

Commissioner um vice chair Bener, thank you for the question. the open space I believe you're referring to is sort of a grassy area that the zoo um uses for um you know um events and activities that is just outside of the boundary of um the proposed parking lot. So um at least in the um short term that would um or or medium term that would remain the as is. Um the zoo master plan does have visions for transforming that in the future. Um but for today this would not impact that area. Very good. So the different functions will go on as as as normal.

32:06 – 33:200

Also, how much are you impacted right now the parking you do have in front on Chestnut with the development next door to you? Because I've always seen vehicles in there. Um I don't have um statistics to share on on zoo parking specifically. Um as as you know, public works doesn't operate the zoo. Broadly speaking, yes, parking is a a well-known issue for our city. Um what I do understand in terms of of parking and impacts is there are peak periods um when buses uh weekends you know there's activities and and functions at the zoo that really draw a lot of folks into the zoo. That's when the parking lot is is mostly impacted. That's when that overflow parking lot is is really necessary. And you know, as a Sana resident and user of the zoo myself, I am sometimes surprised when there's plenty of parking in that front uh area off of Chestnut and then you show up one day and oh my goodness, this is full and you end up in the dirt overflow parking lot. Sorry.

33:19 – 33:510

In order to build this parking lot, are you going to have to remove any trees or try to save as many any trees? As always, we um try and save as many trees as possible. Um there are going to be a number of sort of overgrown um large bushes, small trees uh that will have to come down um because of the proposed layouts, but new trees will be coming in as well. Thank you.

33:49 – 35:160

Thank you, Vice Chair Benager. Are there any other questions or comments from the commission? Great. I just have one last one. Uh, so I I did review this item previously with staff and I did have one comment that I don't think has been named yet, but on the parking a bit of an extension of what Commissioner Scamo was sharing earlier, but a little different as well. So, I did share with staff that I would be interested in having the city explore the use of zoo parking and this overflow spa overflow parking area once it's paved and improved as um an option to provide additional parking options for the neighborhood when the zoo is not being used. So, providing parking for some of the Sana residents that live in that immediate neighborhood where if anyone has been there, the parking is horrible. Um, literally there is no parking at all. So, it's not for the purposes of this approval, but I would just like it to be on staff's radar that as this parking area is improved and the zoo parking that's already there that we should find ways for the city to one make it accessible for residents. Um, and I provided the the example of other private parking areas in the city. I know of one in the Willard neighborhood next to our soul um where they actually ramp parking spaces overnight. So, not necessarily saying the city should charge, but there are it is something that's happening throughout the city. So, the city should also venture into that arena. Thank you.

35:18 – 35:590

So, with that, if Commissioner Scamia, go ahead. Thank you. Thank you, Chair. Um, and this is, I think, beyond the scope of what we're we're doing tonight with the zone change. Uh but just for staff uh that's looking at the the uh zoo master plan u just looking at the preliminary landscape plans I guess I would say you know embrace your inner zoo and get as many wild random uh exotic trees into that parking lot as possible because I think it is part of the overall experience as you enter a lot and you're in a zoo. Um so I think that we should not necessarily resort to um one single standard type of tree. I think that you do have an opportunity to extend the zoo experience out into the parking lot. So just make sure not to to miss out on that opportunity.

36:01 – 37:080

Thank you, Commissioner Scamia. If there are no other questions or comments from the commission at this time, the public hearing is now open. Recording Secretary, have we received any written communication or is there a member of the public that would like to comment on this item? Chair, we have received a total of one email in the form of public comment for this item before the 3:30 p.m. deadline, which has been distributed to the commission and posted online. If you are attending this meeting in person and would like to comment on this item, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on this item, please select the hand icon to indicate that you would like to speak. If you are calling in and would like to comment on this item, please dial nine and then six to unmute yourself. I will wait a few seconds. Chair, we do not have any speakers. Thank you. Is there a motion to approve this matter?

37:06 – 37:360

I'll go ahead and make the motion. Thank you, Commissioner Esamia. I'll second. Is there a second? Thank you, Vice Chair Beninger. Secretary, please call for a roll call vote. Commissioner Escamia. Yes. Commissioner Leah. Hi. Commissioner Oliva. Commissioner Fam. I. Commissioner Woo. I. Vice Chair Beninger. I. Chair Ramos. I.

37:33 – 39:330

Motion approved unanimously with Commissioner Oliva absent. Thank you. This is the time and place for We're moving on to item two now. This is a time and place for zoning ordinance amendment number 2026-01 to amend portions of chapter 41 zoning of the Santa Ana municipal code relating to smoke shops in the city of Sana. Before we begin, do any commissioners have anything they wish to disclose with regard to this item? Seeing none, the case planner, Siri Champion, will provide a brief presentation. Thank you, Chair Ramos. Thank you, Vice Chair Beninger. And good evening, commissioners. Thank you for the opportunity to present tonight. As previously stated, this item number two is our smoke shop ordinance application uh zoning ordinance amendment number 2026-01. This ordinance would apply citywide and the city's requesting approval to establish this uh land use and zoning regulations for smoke shop establishments with the goal of protecting public health and safety. The number of smoke shops in the city has proliferated over the last couple of years and more than doubled since uh January 1st, 2024. And those smoke shops that we have seen increase in number are located in uh proximity to sensitive uses. Recognizing this and a variety of public health concerns, the city council on December 2nd directed staff to prepare an ordinance to regulate smoke shops. In the last couple of years, the police department and the code enforcement department, the police department and code enforcement have conducted a number

39:31 – 41:300

of different enforcement activities in response to calls for service which in 2025 totaled almost 200. And during those enforcement activities, they uncovered a range of illegal uh illegal activities including storage of banned substances, gambling operations, and sale of unregulated products. In addition, they observed community health and safety impacts such as loitering, smoking, littering, and crime. With these concerns in mind, staff began to prepare a draft ordinance in consultation with the code enforcement uh division, the city attorney, and the police department. And here in front of you, you see a summary of those proposed changes. The middle column illustrates the existing zoning code regulations and the column on the right uh shows our proposed zoning code amendments. So first of all, currently smoke shops are not defined as a standalone use. They're treated as a regular retail establishment and because of that we're not able to regulate them as a standalone use and consequently uh we have a need presently for establishing a definition which has been drafted in the ordinance. Currently, retail uses are are permitted throughout the city where uh and as a result, smoke shops are also permitted in commercial districts throughout the city as well as in specific plan and develop spe uh special specific developments where retail and and service uses are allowed. In the proposed ordinance, smoke shops would be expressly permitted in the C1, C1 MD, C2, C4, C5, and CSM zoning districts. And in those locations, we would have permit

41:28 – 43:250

requirements, including a conditional use permit for the establishment of smoke shops. Another important component to the proposed ordinance is buffering in order to protect sensitive uses from uh these smoke shops and to avoid problems associated with the concentration of smoke shops. So first of all the proposed ordinance has a separation of a th00and feet between individual smoke shops. There's a proposed 10,00 separation from youth centered uses like parks, schools, recreational facilities, boys and girls club, and the like. Third, there's a 1,00 foot separation requirement from an alcohol or other drug abuse recovery facility. And lastly, there's a 500 foot separation requirement from proposed zoned or from property that's zoned or used for residential purposes. We have quite a list of development and operating standards before you tonight. The currently there are no specific zoning uh development standards or operating standards for smoke shops. And with this ordinance, city council would be approving a a a range of different uh standards such as the display limiting the display of smoking paraphernalia, establishing age restrictions so that uh individuals younger than 21 may not enter in. It includes lighting, litter and graffiti abatement, the prohibited pro prohibition of vending machines and vending products. It includes requirements for signage limiting that signage so that you can see into the store. Um, it requires a minimum amount of glazing and limits obstruction so that you're able to see from the outdoor outside into the store

43:23 – 45:220

as well as for the owners or operators in the store to look out and observe any nuisance activities that may be taking place uh outside of the establishment. The standards also include those for training purposes and compliance with local, state, and federal laws, regulations, and orders. The proposed ordinance limits the hours of operations consistent with the cannabis ordinance. There are very specific requirements for security and surveillance. Uh the proposed ordinance would establish annual inspections at a minimum and we could go in and inspect more than once a year if the uh circumstances necessitate. So, and then uh finally fines and or cup revocation in the in the in in the um in the event that there are violations to these standards and regulations. And then in terms of existing smoke shops, existing smoke shops that are in place at the time of uh this ordinance becoming effective, those smoke shops would become non-conforming provided that they have a certificate of occupancy and a tobacco retailer's license. And then also, if a non-conforming smoke shop were to discontinue its use for a period of six months, the subsequent uses of the property must conform to the zoning code. The proposed ordinance is consistent with the general plan and and specifically with a number of goals and policies and and I and I won't read out every single one of these in front of you, but essentially the consistency pertains to compatibility of uses, ensuring public health and safety are um

45:20 – 46:300

addressed through the proximity of smoke shops to those sensitive uses we've described before. It encourages land use uh decisions that promote healthy lifestyles. It uh promotes the uh active living and well-being goals of the city. And then lastly, it addresses economic prosperity policy related to the the development of mutually beneficial and complimentary businesses. Pursuant to SQA and sequent guidelines, the proposed project is exempt from further review. And in terms of fiscal impacts, the existing and staff recommended fees will cover all administrative costs. With that, uh staff recommends that the planning commission re uh recommend to city council approval of zoning ordinance amendment number 2026-01. Staff is available to answer any questions. Thank you. Thank you for that presentation. Does the commission have any comments or questions for staff?

46:270

Commissioner Leo.

46:30 – 47:340

Okay. Um, thanks for answering the question on existing smoke shops because that was my first question and I'm not sure you could answer this question. Um, the question is what were the market conditions that that created the proliferation of the smoke shops? Was it just a downturn in the economy? Do they generate a lot of sales tax? Obvious obviously there are some illegal activities that go with it. But if you look at like multiple strip malls down a busy street, there's a smoke shop in like every strip mall. And so what was the market condition that created it so that they could do that? Because basically the city council is asking us to approve this. all of a sudden we lose revenue from certain smoke shops. What's going to replace it? So that that's kind of the gist of my first question. Like what created the environment to say yes, let's proliferate smoke shops, the economic environment.

47:31 – 49:300

Well, my expertise on economics is somewhat limited. I would say any any thoughts that I have on the market conditions created to um to to end up with the proliferation of smoke shops would be purely speculative. But I can take it I can say that um having the opportunity the zoning code enables the opportunity for smoke shops and there's obviously some reason why smoke shops are profitable to the business owners and that's why we see them proliferating throughout the city. In terms of revenues to the city and business opportunities, I would say that one of the key concerns is that the smoke shops have a negative impact on the surrounding businesses. And so seeing a more complimentary set of businesses is really in the city's best interest in terms of what could be replaced. Uh how those those smoke shops could be replaced. We would see other commercial uses that are consistent, excuse me, with the surrounding businesses. Okay, my my next question is if we approve it, city council approves it, how do we notify the property owners? Because they're the landlords and people come to them and say, "Hey, I want to lease your space." They right now they do nothing. They just sign a retail lease and and it goes. How do we notify the strip malls up and down? I can think of multiple streets. How do we notify the land owners or the landlords? You can't do this anymore or you got to direct them to you got to direct them to the city for C. Commissioner, since uh the response entails a more multi- agency approach. I'll just uh take the lead. So, as we do with any ordinance that affects uses and changes in land use, we assemble an inter agency team of staff from finance, police department, planning, and building, which includes code

49:28 – 50:310

enforcement. We then inventory what the existing landscape looks like to know who we're working with in our community. If there's changes to an ordinance, then we make them aware through notifications, through inviting them to city hall for conversations, to even going out into the field to letting them know that there's been changes ahead. And then, of course, there's a part that landlords need to fulfill as well, which is anytime you're about to sign a lease or engage with a new um tenant, a prospective tenant, it's smart practice to always contact city hall and check the zoning about any property. So, we've um employed similar approaches successfully with the transit zoning code changes that the commission entertained um in 2025 and even the A-frame ordinance that the commission helped facilitate uh A-frame sign ordinance. We worked with our colleagues in economic development to really make sure that businesses both small and large out there knew that this was a new opportunity for them. So whether it's an opportunity or a new restriction, that sort of inter agency staff approach always exists.

50:30 – 51:100

Okay. My next question is, do other cities regulate it through a ci park? Take your pick. It's an excellent question. Uh I I don't have memorized all of the surrounding cities. One of the main cities that we looked at modeling after was the city of Fresno, which does require a CUP. I believe Anaheim does also require a CUP. Okay. Um, the other jurisdictions that I looked at, many of them do not require a CUP, but do have the very restrictive buffering requirements.

51:06 – 51:380

Okay. And my final question is, I know that code enforcement is stretched. You referenced an annual inspection. How are we going to do an annual inspection? We can barely inspect what we have now, let alone add an additional annual inspection to these businesses as well. I'm trying to figure out how you're going to do it. I don't know how you're going to do it. Our code enforcement staff can do anything. They are Yeah, exactly. for for more money, but I'm just asking how how are you going to do that? How you going to do it?

51:36 – 52:300

I genuinely stand behind that statement that they are the best in the state if not the nation. But I will share that um it goes without saying that we would not be recommending ordinance text if we didn't also understand the effects it would have on implementation and staff resources. We've had a very successful similar approach with our cannabis industry that requires annual inspections. Um, and through the administrative costs associated with it and the application fees that helps us retain the staff that we need to in order to hire, train, go out, be efficient with our time, and fundamentally forge relationships with these operators, too. We've had a large degree of success with our cannabis industry because we've really cultivated some good relationships with the operators there. if we do have operators coming in with conditional use permits, it won't be um it won't be something that we recommended that's going to set us up for failure. Let me just put it that way.

52:280

Thank you. Those are my only questions. Thank you, Commissioner Leo. Commissioner Scamia,

52:33 – 53:570

thank you, Chair. Um so, actually, yeah, very similar along the lines of uh Commissioner Leo. Um so, just on the cost, not sure if we're looking at this uh as adding in a fee because I know that was kind of referenced that there would be fees potentially. So I imagine there'll be a full cost study and that might be coming back to city council just to see how much it does cost us then for the annual inspections. Okay. So that um and then I guess the two things that were we're sort of missing um at least for me on the presentation I'm I'm okay with it but uh just in case there are other questions that come before uh city council uh if we are able uh before this is presented uh to the larger public body um have a GIS map of kind of what those existing conditions are. very similar to the cannabis map. Uh if something like that could be ready. Uh and then I think the uh you know really pertinent question on uh existing sales taxes from these types of uses. I know we can't share individual um sales taxes like on an individual uh store basis, but if it would be possible for the economic development team to aggregate kind of the overall sales tax impacts. I I think that those would be relevant questions uh that the public will have and potentially the the council though they might already be ready to support it if they've indicated an interest in bringing the item. And also I just wanted to say thank you for bringing an item that was recommended in December and now we already have a C C language in early February. So that's actually very very very quick. So good job on that.

53:58 – 54:180

Thank you Commissioner Scamia. Commissioner Fam. Yes. So the the smoke shop use um my kind of big picture understanding is tobacco products or or is it tobacco and marijuana exclusively tobacco?

54:15 – 54:500

Okay. So um is it language that deals with um the sales of tobacco as a uh auxiliary use? I'm thinking of the 7-Elevens or the the convenience stores. Uh how does that how do we navigate that? they are defined as a separate use and so smoke shops, excuse me, specifically exclude them recognizing that it's a, as you said, an auxiliary or an ancillary component or a minor component of their overall sales.

54:46 – 56:390

And then, you know, I I'm fully supportive of of of this regulation. I I wonder if it could be a little bit broader. My um my feeling is I wouldn't want um smoke shops to be on our major artillery roads or major corridors. Uh I'm thinking specifically of uh harbor. There's this uh quite a few smoke shops that are directly uh facing harbor and we have multiple town houses development and new and new developments along that corridor. Um, yeah, I I wonder if there are more specific languages that kind of, you know, we're not banning the use, but we want to relegate those uses to more less public u areas. So, one thing I'll share, um, commissioners, anytime we bring forward an ordinance to the planning commission for recommendation to city council, if there's discussion that turns into like a substantive discussion, like let's say this starts to get some traction with your fellow commissioners, you have a couple of options. You can um ask that they include it in their motion to recommend to the city council. Then it formally like gets presented that way to the city council. But even if that doesn't take place, we always summarize the discussion at the planning commission in the staff report for city council. So in case there's a desire to sort of put that on the table for city council members to consider during first reading, that is another way that we could deliver the information. I will share specifically, you brought up Harbor Boulevard, and since the majority of that stretch is in a specific plan area, it's not even um something that would be permissible under the new ordinance because it's zoned SP2. and the permissible uses are not including SP2.

56:37 – 57:300

And then uh in terms of retroactive enforcement, I I know that there was a slide that uh deals with um existing smoke shop. Um can you walk us through if we have an existing smoke shop they're uh essentially non-compliant but they've been established um would it would it mean that you know the at the year end there is a code enforcement review and if they're out of compliance with the uh if if this uh ordinance is adopted and they are not in complian with that ordinance would that mean that they would then their their use would then be revoked or do they have a path to kind of rectify that that issue and then continue operating as a smoke shop?

57:27 – 59:250

Thank you for the question. So, uh first of all, some additional details about the existing smoke shops. We currently have 43. Of those 43, 38 have certificates of occupancy retailer tobacco retailer licenses and so they're operating legally at this time. Of those 43, including the ones that have applied for certificate of occupancy, none of them would be able to continue in their current location and all of them would become non-conforming. So once this becomes effective, those smoke shops will have six months to become compliant with all of the standards. the development standards and operating standards within the code and then they would have the opportunity to move to another location uh if they would like to move where they could get a cup and have a long-term um vested use. If those um if those smoke shops remain in their location for an indefinite number of years, they're able to stay there, provided that they remain consistent with those development standards and operating standards. If they decide to close for a period of six months, then they would discontinue their non-conforming status and any subsequent use would need to conform with the zoning code. If I could just add, so for the existing smoke shops that are currently there and have the legal permits to be there, they'd have six months to comply with the proposed operating standards. So nothing in the ordinance would force those businesses to close down, provided that they comply with those operating standards. If after 6 months those businesses are not in compliance with the new operational standards, we'd be able to code enforcement code enforce them at that point. So there isn't anything that the city would use in this ordinance to go after them to say close

59:23 – 1:00:020

down. It gives them that 6 months of time to start to bring their businesses into conformance with the operating standards. That's because to your point, they've been legally established there and then there isn't anything the city would be able to retroactively do to to close them down. But a as as currently as a retail use there might not be operating under the new operation standards but they have the six months to either comply or then face um code enforcement um um violations. I guess that's correct.

1:00:00 – 1:00:440

Okay. And as an example of some of those operating standards which staff crafted for the benefit of the community, those include things like um training requirements for staff, let's say, or prohibiting loitering, improving your sight lighting, removing graffiti and debris. So these are things that we would expect all of our business members of our community to help support, but that's the sort of level of expectation that they would rise to. That's um on page four of the staff report. So again, six months to comply with those standards and if not then code enforcement activity. Okay, that's all for me. Thank you. Thank you, Commissioner Fam. Commissioner Woo.

1:00:41 – 1:02:090

Um that's what was confusing me. Jurisdiction between health regulation and uh planning regulations. So you just clarify for me uh because when you start listening the uh things that you make them responsible for like loitering, prostitution, gambling sounds like those kind things we hear in neighborhood which you throw in the kitchen sink. So so that you can complain about the property. But um the other thing that confused me is the term in there when you list the aerosol and scent of tobacco there was a terminology whippets and I understand that to be a breed of dogs and and a very peculiar nice uh breed of dog. Um and so uh I was wondering why that was kind of put in there. Then I found that there was a secondary use of it which is a a little tiny bit of things that are in and uh the things the sugar uh the whipped cream. Yeah, that little thing there. Apparently you you do something with it and you get frostbite. Gee, Harbo, Mr. Get High. But anyway, uh now I understand the jurisdiction issue. I don't have a problem with this. I understand what you're doing. Thank you. Thank you, Commissioner. Vice Chair Benager,

1:02:05 – 1:02:480

this um this proposed six months to allow them to come in compliance. Is this typical of what we've done in the past? It Oh, did you want to respond? Okay, sorry about that. Six months is different than a lot of or most of the uses in the code. For a typical non-conforming use, they have 12 months uh during which they can look for a new tenant. For smoke shops along with uh I believe alcohol sales, we allow only six months and the same is true for noxious uses if I'm not mistaken. Okay. But it's not the first time we've implemented six months then. This will not be the first time it exists for other uses.

1:02:46 – 1:02:580

Okay. Right. Um, one other question that went out of my mind right now as soon as it came in, but almost. Thank you.

1:02:56 – 1:04:550

Thank you, Vice Chair Binger. I al I have some comments and then I also have a question. Um, but I want to start off by saying that I'm very excited that this item is here before us tonight. And like uh, Commissioner Scami said, there was a very quick turnaround on this. And I know that in I want to say like late summer, early fall, I was at a Memorial Park neighborhood association meeting where residents there spoke to me after the meeting and from both Memorial Park and DHI saying that this was a very big concern to them and that they didn't know what else they could do beyond call code enforcement, but they would show up and the issues continued to they were just there. So, I want to thank staff because I know you all turned out to the November Memorial Park neighborhood meeting and after staff spoke with residents, it was very clear um that the zoning code was enabling this just like Siri said. Um and with the language that we had, the city couldn't really respond. Um so, I'm really glad that we're going through this process now. I know I raised it to Councilwoman Lopez and then in December staff direct was provided to you all as staff and we're here now. So, I'm really really excited about this because beyond it promoting uh public safety and public health, I think it's a really good example of what happen or of what it looks like when the city is truly responsive to resident needs and an example of how the zoning code can be used to improve the quality of life. So, I think this is all really great and if we can let residents know that like, hey, this zoning code update is happening and this is how we can address some of the concerns that you're seeing. So, I think this is a really good talking point for you all to use as you continue to do your zoning code update. Uh, just like helping people understand why the zoning code is important. So, really really thank you. And the other thing I just wanted to flag, so I'm very happy that there's very clear definitions throughout the ordinance language. I did see the definition for convenience store and I did see the

1:04:52 – 1:05:520

definition for grocery store. There is just one thing that I I think could maybe be missing. um and I think kind of falls in between both a convenience store and a grocery store or maybe even before the convenience store. So these are the trokitas in our neighborhoods or the little trucks where people can go and buy everything from like produce to like toiletries to xyz. Um I know in the past some of them have sold cigarettes or tobacco products. I don't know if that's the case at many of them anymore, but I'm wondering how do they fall within this ordinance and like what would they be classified as and do can they fall under one of the existing definitions of either convenience store or grocery store or do we need to add another definition to ensure that they aren't negatively impacted by this? because those are a very vital source for many neighborhoods to access just like everyday things that they could get at a convenience store or a grocery store.

1:05:50 – 1:06:340

Chair Ramos, thank you. And I think um that same recognition of their importance went into a um or was kept in mind when the city council adopted the mobile food vending ordinance some years ago uh where mobile food vending was defined broadly enough to include like sort of mobile grocery vending, not just cooked meals vending. Um now whether they the ones that are selling produce are selling tobacco that is certainly something that we will look into should the city uh planning commission um recommend approval to the city council. We'll make sure that that's buttoned up um in a way that doesn't slip through any cracks between now and when this uh ordinance goes into implementation. So thank you for the comment and we'll definitely take a look at that.

1:06:32 – 1:06:480

Thank you. Yeah, more than anything, I want to make sure that those businesses that are also licensed and permitted aren't negatively harmed by this ordinance. So, thank you. Um, I want to see if there's any other questions and comments and then I'd like to make the motion on this item. Go ahead, Commissioner Scamia.

1:06:46 – 1:07:240

Thank you, Chair. Um, so now with the actual questions, um, so the only uh item I guess I I I do have in the back of my mind just as a question or two items. Uh, number one, um, as we look at the CU process and, um, what we're probably leaning into with the with the overall code update, do we have an idea as kind of what type of category of CUP we'd be looking at here? Because I know we're saying that we're creating a CU, but will this also come in with a recommendation one way or the other, or is that to be decided um, during the zoning code update, like holistically?

1:07:22 – 1:07:350

That's yet to be decided. And I think part of the discussion of what the appropriate type of cup is will depend on this conversation today as well as conversation with the city council.

1:07:34 – 1:08:490

Appreciate it. And then uh just two things that in my mind are kind of running counter to each other as far as the um um oh my gosh the not the conditions the um we just said it right now but the requirements for them to to be in compliance. Um yes standards. So the uh the operational standards. So if we're asking for transparency on one hand, but then literally uh if you go to some of these places, it's nothing but tobacco products visible. Um so when we say not displaying tobacco paraphernalia, like what like do we have an idea of like what that would look like? Um you know, just because if we do want the windows, but then all you see is tobacco products on on the inside, then we can't actually satisfy both of those conditions at the same time. The way that the operational standards are written, the intent is that you cannot see products blocking the view of the window. So in effect, the products would be lining the outside walls of the interior of the store. There could be um stands within the middle areas of the store as well, but there would be distance um so that the visibility would be limited to the products themselves.

1:08:47 – 1:09:300

Okay. So, it wouldn't be like a it's it's a smoke shop. You can't see any tobacco from the public right away. It's just nothing on display immediately like next to the window sort of thing. Correct. Okay. That that was it. Thank you, Commissioner Scamia. Vice Chair Manager. Yes. I'm sorry. I remember what it was about. The terminology training is really a catchall, but what do you what type of training do you see the stores required to end up getting? Did you say what type of training? Correct. I mean, we you know, in in industry, you know, what type of training, harassment, some of the other ones, but if you're running a smoke store and you say you have to train your employees, what are you training them in?

1:09:28 – 1:10:120

Well, fortunately, the training and the decision about the training is not up to the operators themselves. There are state laws that dictate what uh constitutes a a certified program. And so what we would do is look uh when we uh do inspections, we would look for their certificates of completion to know that they've satisfied the requirements for training purposes. So that type of training is stated and by state. California says this is a typing you need to do for a smoke shop. Correct. Okay. Interesting. If I can add, the California Department of Public Health is one of the state agencies that certify different um training programs for tobacco cells.

1:10:12 – 1:10:260

Thank you, Vice Chair Benager. Commissioner will I'd like to make a motion to uh approve this. We're not there yet. Um we're still going to have a public hearing. Just in case, can I uh go ahead, Commissioner F?

1:10:24 – 1:11:270

Uh I think Commissioner Escamia brought up a good point. I I want some little more clarification. My thought is similar to the cell phone cup that this could be something that's a administrative review rather than having a staff report work up every time there's a need for a smoke shop. Uh so have we kind of considered that as an option? Thank you, Commissioner Fam. So during the city council's um comments and direction to the city manager on the item, the city council um did request that a CUP be required for this type of use. So the city council's asked for it to not be purely administrative. However, um as recommended right now, it would be with a standard CUP that always comes before this commission. Uh as the zoning code update gets finalized, as was said earlier, we can look at whether this would be a minor cup or a full-blown cup. So minor CUP would be something subject to director's decision with conditions of approval

1:11:250

and then a full-blown CUP would be a full public hearing with this body.

1:11:30 – 1:13:030

Just my two cents I would put the onus under the director to uh review these applications. the commissioner fam and then if I can quickly respond to you I believe the way it was directed that way by the city manager because they he received direction from council members uh because the community was concerned that they had no say in where these when these smoke shops were opening up and where they were opening up they would just see it the next day so residents expressed interest in having a public hearing format where they could come and say hey I don't want this next to my house or next to the school at XYZ Thank you. Great. With that, we're going to now open the public hearing recording. Secretary, have we received any written communication or is there a member of the public that would like to comment on this item? Chair, we have not received any public comments. If you are attending this meeting in person and would like to comment on this item, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on this item, please select the hand icon to indicate that you would like to speak. If you are calling in and would like to comment on this item, please dial nine and then six to unmute yourself. I will wait a few seconds. Chair, we do not have any speakers. Thank you. The public hearing is now closed. I'd like to make a motion to approve this matter. Is there a second?

1:13:020

I'd second.

1:13:03 – 1:14:100

Thank you, Commissioner Woo. Uh, I also just want to get quick clarity from staff on the um mobile vending. Do we need to name that in the motion or is that the direction that was provided during comment enough? Uh, ensuring that or checking to see if it needs to be its own definition or if it fits in with what's already there. Chair, the part about checking um to make sure definitions are clear is something we can do um without further formal motion. But if there's a desire to expressly um exempt mobile vending trucks from not being subject to this ordinance, um that is something that I think does merit sort of like formalized direction so that the city council can understand that that was part of the motion. So was that the sort of direction um you know of the commissioner yourself to sort of not just make sure that the definition is ambiguous but to also make sure that the mobile vending can sell tobacco or was it something different?

1:14:06 – 1:14:440

That's a great question. U for my comment was so I want I would like mo well I don't know if they're selling tobacco right now. I know long ago when I used to frequent them, they were. I don't know if that's the case now. If they are um and if they're doing it, you know, legally and within their right, then I would like them to be for this ordinance to apply to them in the same way that it applies to convenience stores and grocery stores. Okay. Commissioner Leo, did you have a comment?

1:14:41 – 1:15:070

Yeah. I wanted to know if you um if you could incorporate Commissioner Fan's discussion or recommendation that when this goes to city council that they look at possibly limiting or uh limiting locations on main thorough affairs kind of like what we've done with the dispensaries. Yeah. So if it is a smoke shop it's not in the main thorough affairs but in other locations. I don't know if you if you would entertain

1:15:06 – 1:15:510

Yeah. I'm friendly as an amendment friend to amendment. So with that, um I know I spoke very jumbled earlier, so I I'll just restate would like if mobile vending trucks are indeed selling tobacco and doing it legally, then I would like this ordinance to apply to them in the same way that it applies to convenience stores and grocery stores. And then the other friendly amendment was to explore not allowing these smoke shops on some of our uh made arterials. I'm agreement with those amendments. So, would you like to formally second, Commissioner? I will second those amen. Perfect. We have a motion. We have a second. Secretary, can you please take a roll call vote? Commissioner Scamia, yes.

1:15:50 – 1:16:180

Commissioner Leo, I. Commissioner Oliva. Commissioner Fen, I. Commissioner Woo, I. Vice Chair Beninger, I. Chair Ramos, I. Motion approved unanimously with Commissioner Oliva absent. Thank you. That concludes the business calendar. Moving on to staff comments.

1:16:16 – 1:18:130

Thanks, Chair. So, firstly, thank you for your work this evening and your comments. They'll be reflected in the staff report and recommendations to city council specifically on this second item. Um, earlier I said we had the best code enforcement officers possibly in the nation. I guess I should say the world. But on top of that, I do want to say that there we appreciate the recognition of the quick turnaround time on this ordinance because we do have the best planners as well in in the universe. So, um, with that, I will also just share you may have seen in public comments this evening that we have received a fair amount of public comments on the one Broadway Plaza project. So just for transparency in the record, that project did have its sunshine ordinance meeting on January 28th. And the purpose of that sunshine ordinance is to solicit and engage the public early on when a development project is submitted. So by receiving these amounts of comments, it's actually fulfilling the intent of the ordinance, but also for the public's overall awareness. Just a few things. Number one, no public hearing date is or has been scheduled. There's no tenative date, none of that. It's still in a development review process with staff. So, no public hearing date scheduled, nothing coming down the pike. There's also a project web page that is routinely updated with information such as the sunshine ordinance materials as well as any upcoming tenative uh city council planning commission, any other uh approving body dates. That web page also has the case planner's information on it. uh her direct name, phone number, email address in case members of the public want to be added to a permanent notification list, an update list, or they just have a one-off question. It's all in that spirit of transparency. So, just wanted to acknowledge the comments we had received this evening, but again, for the commission's benefit and the public, there's no public hearing date scheduled yet for that project. That's it for me.

1:18:15 – 1:19:000

Should uh would you like questions to staff now or during commissioner comments? If it's directly related to that project, we can do it quick, but we we have to be careful not to delve too much into it. So, just one commissioner. Yeah. Uh I'm not dwelling in the parking but um I know in past I have brought up uh uh that we are building a lot of affordable housing which meets the need but at the same time I I I like some clarity and guidance in the future about uh you know um density of apartments in or over impacted dense neighborhood and what guidance can staff provide us? Absolutely. Thank you.

1:18:59 – 1:19:350

A question too. Along the line concerning this project in particular, the sunshine meeting is it has it was it videoed that you can watch it on online? Yes, the sunshine ordinance as most recently adopted requires a live stream and a recording be uh provided after the meeting as well. So, not only can members of the public can attend in person, but also remotely, but then afterwards, the recording of the meeting is posted to the project web page. Thank you,

1:19:33 – 1:20:160

chair. I did have one brief update on the comprehensive zoning code update that was touched on a few times this evening. U, we do have a new schedule. So for that project, we're looking to bring a study session before this body April 13th and then moving forward with public hearings May and then following with public hearings before the city council June of this year. And initially we shared a slightly different schedule, but that's the latest as of this week. Thank you. We're now move on to commission closing comments or questions for staff. Commissioner W.

1:20:13 – 1:22:120

Um, I just want to inform uh staff and the commission that I will be pursuing uh on behalf of the Japanese American Citizen League uh to search for some information regarding the sale of the Osuka farm on Fifth and Fairview. uh 24 to 25 years ago, the Asuka family sold their strawberry farm uh to the city or to the uh uh San Unifi so that they could build a school and they promised according to family that they would name a school after them. Well, they named the school after Spurgeon and then Lydia Romero. And so as a result of that, the family just again asked me to pursue on behalf um and thanks to our our staff here, they directed me to a form on on the city website that I could do to search for information. Uh I did talk to Jeremy Kogan over at this uh school district uh who director of planning. He asked some of the veterans and people they do seem to remember that conversation. He asked us if we could find some paper uh which will help him uh present that to his boss and and the school board. Uh he doesn't think there'll be a problem in naming the maintenance building that is there by putting up a plaque or some kind of remora to the um uh suka family. Uh the reason I am pursuing this is that as the Japanese uh community uh begin to thin out those first generation that suffer with interament and had their property sees and all that and they restarted their life. They're they're having um that moment of memory uh and legacy that they want to have preserved. So I I think uh in in a sense of that in face of today's where we're being erased uh I'm pursuing this on their behalf to see

1:22:10 – 1:22:510

if we could get some kind of plaque there to name after family. So I just want to let everyone know that I will be pursuing it. It's not an adversarial relationship. It's a search for information. Unfortunately, someone's going to have to dig through the musty files and find a piece of paper for it. So my apologies. I know you guys work hard as it is. And and for the record, when I was doing some home repair in my house, the inspector came out really quickly and signed my paper and did and it was not because he knew I was a commissioner. I think the guy was just doing his job. Thank you, Commissioner Woo. Commissioner Fam. Yes.

1:22:50 – 1:23:320

Thank you, staff, for the presentation. um for specifically for Ward One, I know there are there have been uh surveys being distributed from the um community development uh department and uh in regards to kind of um expansion of Leo Saigon from Westminster and then as it bleeds into First Street into Ward One increase in businesses. So I encourages BS I encourage businesses owners who are in Ward One to kind of fill out the survey. I think it'll help the cities and all the other cities are working on this effort to get funding. Uh it it'll be a great uh to have more responses. That's all. Thank you.

1:23:300

Thank you. And I apologize, Vice Chair Bener.

1:23:34 – 1:24:220

Like to thank you for presentations tonight. Um thank you for letting us get together finally after h how many months. And so hope everyone had a good Christmas and and New Year's. I know I did. Um, I heard U lady's comment tonight and I'm sure I hear that I not I'm sure I hear that from a lot of neighborhoods. I hear that from a lot of uh my neighbors. And one thing that um I think maybe would help us if we have one training session put on by staff are the changes the state has done to us in the last just the last five years. because a lot of these things that was in planning commission's hands have been taken out of our our hands and I think it's good timing to we review those and see what we can or cannot do about it and that's all I have. Thank you.

1:24:200

Thank you Vice Chair Beninger Commissioner Leo.

1:24:24 – 1:26:190

Just a couple questions actually commissioner asking me raised a question about open space. Um it's my understanding that three there are three schools on the chopping block that there's just not enough students possibility of closing some schools. Um it would be my preference in those discussions since the since the city would be offered the land because it's it's surplus property. Um we should look at it from a from the standpoint of twofold. Park space more open space that the city's underparked. We all know that. The second thing is workforce housing. Not super affordable and not super expensive, but workforce housing so that working-class people can live here. And so that would be my suggestion. The other thing is today we got ourselves into a little interesting discussion because we weren't overly transparent in one of the items today. We need to there's a few words because Commissioner Ramos had a question a lot of people Commissioner Woo had a question just a little bit more transparency in the item and I think we would have avoided a lot of the discussion and the transparency was around why we're doing it. We didn't hear why we were doing it. We were doing it so we would make our make the land more u financially viable for grants. So, just a few more words to each report would be easy. And um I heard a couple commissioners raise one one Broadway Plaza. I was here when it happened in this chair. So, if you have any questions afterwards, if you want to ask me about it, you can. Uh and it should be very entertaining when it comes forward.

1:26:170

Thank you. Thank you, Commissioner Leo. Commissioner Skamia, I'm definitely not missing that one.

1:26:25 – 1:28:240

So, uh to Commissioner Commissioner Woo's uh item, not not to have a discussion up here, uh but wanted to note that the SAUSD minutes are in a storage room closet uh over at the um at the main office. No one's looked through them. It's like one of the only collections I haven't ever actually physically gone through, but I know that it's there. Um, so just if you can find the time and date of sale, then minutes around that time frame, I think is probably our our best leads as far as like the the research component there if it's not recorded within the grant deed itself. So just going to point that out. Um, as always, I'll try to or not as always, but as frequently, I'll try to make another plug for uh the accessory commercial units uh as an item. Maybe since we won't be able to take a look at it during the comprehensive zoning code update, uh we might be able to take a look at it more independently and to that an accessory commercial structure is just like a mini commercial unit, right? So like think of it as an ADU but for a business. Um so all of the wonderful uh corner businesses that we have throughout the city. uh those cool little mixeduse uh immediate post-war structures uh down Broadway and even just the ability for a kind of main structure and main commercial center to add a small little commercial operation within their properties. I think those are all things that would be really great to have. I think Portland has an existing uh ACU standard kind of already like kind of mission set and like all all the standards already put together. So, it's a relatively uh plug-and-play type of um effort. So, I want to make the plug for that. Uh, and then yeah, just uh um yep, thanking staff for all the work that you all do. And um if parks uh was still here, I'd ask them for sorry, not parks, if uh public works was still here, I'd ask them for the status of the uh parking study that we're supposed to do citywide. I know that that's been many years and many public works directors uh now um that haven't gotten that one across the finish line. So, I'm just wondering when we might be able to see that.

1:28:20 – 1:29:590

We'll deliver the question. Thank you, Commissioner Eskeamia. Uh, well, I just want to say thank you. Thank you, staff. It's great to hear the zoning code timeline updates. Uh, so I hope that anyone listening tonight here that's here in person or at home has put those on their calendar, but we can also publicize that as much as possible. That'd be great. I'm always being asked what the update is, and I haven't had one, but I'm glad to have one now. So, thank you. Uh, and then I also wanted to share uh with the commission and that I've requested a work study session from staff to u take a closer look at all of the remnant parcels along Warner as a result of the widening project to better understand what their previous use was um what their next use could be. And so that information can maybe guide us as we go through the zoning code update. And not just us, but also families and residents in the Delhigh neighborhood that have an interest in maybe being able to reacquire some land that used to belong to them. Um, and then thank you, Commissioner Leo, for your mention of potential surplus land that may come around. I think that's very important for us to to just be aware of as we go through the zoning code update. And I know surplus the surplus lands act does require that the city first look at affordable housing and open space I believe in that order. So what you mentioned will likely have to legally happen. So thank you. Um and that's all for me. Thank you all. With that this meeting is well our next regular meeting is scheduled for February 23rd at 5:30 p.m. and this meeting is now adjourned at 7:03 p.m. Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.