Planning Commission - Regular Meeting

Thursday, February 20, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Simi Valley, CA
Meeting Date
February 20, 2025

Transcript

31 sections

4:58 – 6:510

seconds why do whatever works for you that's right exactly dark chocolate is always good the Planning Commission meeting of February 19th will come to order all rise for the Pledge of Allegiance Al to the flag of the unit States of America and to the rep for it stands one nation indivisible Justice the secretary will call Ro commissioner man here commissioner Tolson commissioner rice here Vice chairperson Kennedy here chairperson Chrisman here may I have a motion for approval of the agenda move to approve the agenda a motion was made by commissioner rice may I have a second Al with a second by commissioner man unless uh there are any objectives the agenda stands approved may have a motion of approval of minutes uh chairperson I'd like to make a correction to the minutes of January 2 on um page four uh fifth paragraph down it says um commissioner rice asked if more shifts were added so they could have same amount of staff uh the correction It should read commissioner Tolson asked if more shifts were added they would have the same amount of staff

7:03 – 9:020

we can note that in the update okay may I have a motion for approval of the minutes of January 22nd and then January 5th as amended yeah to approve a motion was made by Vice chair Lee you have a second second with a second by commissioner man unless there any other objections the minutes are approved as amended by for January 22nd not amended then February 5th amand the secretary secretary will will read the Declaration of conflict are there any declar oh sorry you you go first if any member of the Planning Commission may have a conflict of interest or any reason why that member must abstain from consideration of any matter on this agenda he or she should so declare at this time are there any Declarations of conflict hearing none this is the time alloted for public statements or comments on all items other than public hearing items is there anyone in the Chambers wishing to be heard I have um Ronald arjo maybe I'm pronouncing this wrong so yes chairperson Ronald Aro oh sorry thank you good evening chairperson Chrisman Vice chairperson Kennedy fellow Planning Commission members and staff my name is Ronald Aro chair of the Planning

9:00 – 10:580

Commission for the city of Oxnard in accordance with the rules and procedures of the Oxnard Planning Commission I am speaking not only for myself but also on behalf of the oxner Planning Commission in my remarks to you today I am requesting your support in our commission's effort to allow stiens for our members I am currently spearheading an effort to allow our planning Commissioners to receive stiens for their time serving on the commission with support from the oxnar Planning Commission that has been approved in the form of a resolution directed to the Oxnard city council I believe that you all serving on the Planning Commission for Simi Valley understand that planning Commissioners serve an important part of the process in regards to the development of the city I'm not sure if you're aware that of the nine of 10 cities in Ventura County with a Planning Commission separate from its governing board plus the County's Planning Commission Oxnard the largest city in Venture County is one of two that does not provide compensation for its members I'm using the time since our Planning Commission passed a resolution in August and an agendized to a future agenda by the Oxnard city council back in September to gather support from fellow planning commissions and their members in Ventura and the surrounding counties of Kern Santa Barbara and Los Angeles that do receive a stiping allowance to give their own perspective to our governing board that stiens for the planning commiss Mission are reasonable logical and in the best interest of the city given that you are aware of the time and energy commitment to serving your city I'm asking for your support of the oxner Planning Commission members when it comes before the full city council sometime in the next few months I'll be contacting this commission via email in the ne in the near future with all the relevant information and potential Avenues of support so that you

10:56 – 12:550

have the fullest knowledge to assist us if you wish to in our efforts thank you for your time and I look forward to keeping you a prize thank you thank you is there anybody else who would like no okay is there any correspondence from the deputy director uh no Mr chair person we have no correspondence may I have a motion for approval of the consent calendar move to approve the consent calendar second I'll second that a motion was baed by commissioner rice with a second by Vice chair Lee unless there are any other objections the consent calendar sends approved we have no continued business and we're going to go to new business 11b other Yes chairperson Man and Chrisman and members of the Planning Commission uh we have a legislative update by our uh City attorney representative alen jerley and the request was to discuss new planning and housing laws and she has a presentation tonight um thank you so much and good evening uh chairperson and Planning Commission and staff and well there's no public but hopefully somebody's listening out there so members of the public as well uh my name is Elena jerley I'm with the city attorney's office and um I'll be giving you just the tip of the iceberg of some of the new uh laws that have been enacted and have been effective are effective largely uh starting in January of 2025 there there's a few Provisions

12:53 – 14:520

relating to small housing developments that are effective in July but most of these are already in effect so can we have the first slide so um this year we had about 45 housing bills that were passed and um they touched on a lot of different areas and these are some of them and um you know I think you'll you'll understand as we go through how complicated this all is and what a challenging job it is really for staff to deal with this because you know every year the the law Chang significantly you know it used to be that it would change a little bit every year and then we would just make adjustments and now there are just these big changes from year to year so um you know it takes a lot of work between our office and and staff to be able to uh manage all these laws so these are the things we're going to be talking about briefly today Believe It or Not briefly uh we're going to talk about some of the changes in the housing accountability act um also in housing and Commercial zones and in commercial corridors uh we're going to talk about some of the ch changes to the sp9 2 unit developments and urban lot splits laws uh some of the changes that relate to SP 684 which regulates small housing developments or subdivisions of 10 or fewer units we're going to talk about accessory dwelling units and Junior accessory dwelling units uh commonly known as adus and jadus we're going to talk very briefly about a small change in density bonus law a little bit about fees and exactions some changes coming up in housing elements conservation element and the safety element uh permits and entitlements uh thrifts retail stores is not and housing per se but still relevant to planners uh as well as warehouses so feel free to jump in and ask questions and you know I I'm I'm happy to drone on forever but not really that happy to drone on

14:51 – 16:500

forever so if you have questions or comments or would like clarifications you know you don't have to wait until the end I I have absolutely no problem getting interrupted um next slide please all right before we start I just wanted to give you a quick uh sort of thumbnail sketch of some of the not some of them these These are the ministerial um housing developments or the housing developments that have to be approved ministerially provided that the the parcels and the projects meet the criteria laid out in state law and there seem to be new ones every year so I thought I would just give you a quick slide to show you what we have right now that we're dealing with and one is s sp35 which has been in the law for a while and these are multif family affordable housing developments of two or more units and these go in multif family uh zones the other one is sp9 which is also known as the housing developments of no more than two units on single family Zone lots and this law also provides for urban lot splits and you know I I'm happy to talk a little bit more about that but in in case you know for I guess for the benefit of the public in case they they're not aware of this this law allows people who own single family zoned lots to build two units up to two units on that lot but they can also split that lot into two separate Parcels um then adus and Jus we've we've been dealing with those for a while um SB 2011 is a law that um allows affordable housing projects in and mixed income multif family housing projects in commercial areas and uh and then SP 684 uh allows small housing developments or subdivisions and or subdivisions of 10 or fewer units and these can be on single family lots but also multif

16:48 – 18:470

family lots so basically anywhere that is Zone residential um and then of course you know right now we don't have to worry about it because we have a substantially comp compliant housing element there's also the Builder's remedy um which you know requires that um a Housing Development is approved uh basically as proposed uh with some minor exceptions when a jurisdiction does not have a substantially compliant housing element we don't have to worry about that right now thankfully so um are there any questions about any of these okay all right next slide please all right so we'll start with ab-1 1893 this changed the housing accountability Act and the housing accountability Act is codified as uh government code 655890 five uh I'm not going to throw a whole bunch of citations at you but if you would like me to fill this in with citations later so you can look at these yourselves I'm more than happy to do that um so this was a big Bill it made a lot of substantive changes to the haa and we're only going to touch on just sort of the big picture changes that that it made um the first was that it defined what a builder's remedy project is and up until this latest round of laws the Builder remedy project was basically there was a phrase in the housing accountability act that said something to the effect of um that you you can deny a project that is inconsistent with the um with the city's zoning and development standards unless you H unless you have a uh unless your housing element is not compliant with state law so it was just a little phrase um that carried a lot of water and uh you know in the last um in the

18:45 – 20:440

last round of updates for housing elements you know housing elements have to be updated every eight years and then the last round uh a lot of cities had difficulty getting their housing elements uh approved because of all the new changes in the law and so there were was a period of time in which housing element application uh excuse me Builders remedy applications were submitted to a lot of cities so the housing accountability act now defines what these projects are what the parameters are and provides a number of protections for such projects it also clarifies and expands the definition of what constitutes disapproval of a project and it increases the possible pen penalties for jurisdictions that are found in violation of the housing account accountability act and increases the number of actions or inactions that constitute violations so it's not friendly to cities that's the short version um it also adds an amend certain definitions including the definition of housing development project and makes additional amendments and clarifications we'll go into a little bit of detail on all of these um next slide please all right so what's a housing development project up until recently was basically uh residential units and transitional and supportive hous housing and farm worker housing but now they've added sort of expanded what specific projects there they mean um and so it's mix use developments that meet certain criteria including 2third square footage dedicated to residential use um and then all these other details which you know you probably don't necessarily want to dive into but you know it it expanded the definition that's the point next one please so a builder's project has been defined and it's it's an affordable housing project and there are different types of affordability levels um that're they're all in the law um the

20:42 – 22:400

the other requirement is that the jurisdiction must have must not have a substantially compliant housing element on the date the complete application is submitted so this language uh is relevant only when the jur jurisdiction is working to get its housing element into compliance the the state law has codified that the housing element is not substantially compliant until hcd says so or until a court says so so what I think they're trying to do is put the rest the argument that once you adopt a housing element even if hcd says later that it's compliant well you were compliant when you adopted it so they're basically saying nope that's not the case I don't think think the law clarified as much as they think it did but I'm sure there'll be a lot of fighting over it um the project must meet certain di density criteria and the project site must not but a site where heavy industrial use um uh where there was Heavy industrial use in the preceding three years presumably to avoid affordable housing next to contaminated sites that makes sense next one please and then they've expanded what constitutes approval of a Housing Development projects um the first one is fairly obvious it's through a vote or administrative action so it can be a denial at the planning or count city council level or it can be a denial at the staff level also failure to timely approve or disapprove a project following certification of an environmental impact report or adoption of a mitigated negative declaration or a negative declaration um also failure to meet the timelines for post entit tlement permit approvals these are also relatively new regulations that uh our staff has been having to deal with as well as our

22:37 – 24:350

office also failure to cease a CO course of conduct undertaken for an improper purpose that effectively disapproves the proposed Housing Development so it the the new law does Define what an what this kind of conduct um constitutes is but the difficulty is that so the developer does have to provide notice of the challenge course of conduct and the city has 90 days to respond and the city can either correct the course of conduct or make certain findings and take their chances but you know obviously as you can see this is the purpose of this was to prevent cities from making up excuses to deny projects that they really couldn't deny and so they put this in there specifically to punish cities that try to delay projects in the view of hcd unnecessarily another way that uh disapproval uh can come about is if uh more than five hearings are required um pursuant to government code 659055 that was sp sp 330 so as you know some of these projects now you can only have five hearings including appeals including continuances so the the idea is to try to really curtail the amount of time that projects go through the the process uh next slide please um also an incompleteness determination may could be a disapproval under certain circumstances so one thing that's really important to note here is that the incompleteness uh letter has to be issued within 30 days of the submission of of an of an application and the only the only things

24:33 – 26:310

that can be required to be in an application are what we put on our checklists so it's really important that our checklist be very thorough and and complete and address every single aspect of a project that we want to have um articulated in the application because if it's not on the checklist that's it we can't ask for it and if we ask for it that's considered a disapproval and now we're potentially in violation of the housing accountability act um there's also this other slightly mushy trying to stop Shenanigans kind of uh standard um if the agency makes a determination the application is incomplete and a reasonable person would determine the applicant has submitted all the items on the che checklist and the agency upholds this determination in an appeal um and then the last one is if the agency determines an application is incomplete after two resubmittals and you should note that already in the um uh in the perit streamlining act there was a requirement after the second resubmittal that the city provide a an appeal so here not only do we have to provide an appeal but now the burden is on us to show that the determination is not a disapproval and that the the application is indeed incomplete next please all right before we go on to this one yes have to uh sanction or or punish cities you know it's it's Progressive they tend to they're very aggressive in the sense that they're they're very Hands-On with the cities um but they they have been working with cities if they see that the

26:28 – 28:240

city in good faith is making an effort to get to a place where hcd believes that they should be then they don't move forward to the Attorney General's office however in the event that the city does not uh respond appropriately they have no compunction to get the Attorney General involved and start a lawsuit and go after the city for for fines and you know the fines have increased as also findes that are much higher for bad faith conduct um the other thing that happens is that it's not just hcd and the Attorney General's offices that developers get in on the action because they also have standing to sue the city for violations of the housing accountability act um and also uh not just the developers but also a potential resident of a development that is I know saw your eyebrows what yes a potential resident of a of a development that's being delayed also has standing to sue the city so it's almost it's it's rare for the city to only be sued by hcd and the Attorney General there's often more than one lawsuit going on at the same time so the answer is pretty aggressively you know they don't they don't come out the gate with fines and uh but they they don't hesitate have citizens been successful in and uh qualifying their standing you know I'm not all that familiar with citizen um lawsuits but I do know that um there have been lawsuits from the developers as well as Citizens at the same time and standing for them has never been an issue so yes I would say they've been successful okay thank you and you know the other thing too in under California law just in general if

28:22 – 30:200

you're a taxpayer you pretty much have standing so it's you know it's it's it's not a winning argument to say that they don't have standing frankly okay next slide please okay I can't see it on my screen oh there it is okay all right so we're moving on to a different Bill although if you want me to come back and talk about the other one for three hours I'm more than happy to do it I mean you just say the word and I'm there on any time I'm not here over okay okay so AB 2243 this is the housing in commercial areas that I mentioned so um a uh AB 2011 um enacted um added some sections to the government code that allows affordable housing developments in commercial zones and mixed income housing developments along commercial corridors both of which have affordability affordability requirements and um these if they meet the criteria have to be permitted ministerially so this measure extends the byright housing developments um in commercial areas on Parcels up to 20 acres to the following uh they've so so that was that was the criteria you can put these developments on Parcels up to 20 acres so what they've now added is you can also put them on a site of a regional Mall um which is defined in the government code up to 100 acres on sites that are located 500 ft from a freeway as long as they meet specific air filtration requirements and sites within existing high-rise districts not along a commercial Corridor um it also clarifies that the affordability requirements are only with respect to the base units as you know there's density bonus law right so if a

30:18 – 32:180

project has a certain affordability component then uh pursuant to the density bonus law they can have additional units concessions and waivers Etc so the the way that the affordability is counted is is on the base unit so if the project has say 100 units and 20% are affordable and then they get another 20 units I'm just making up the numbers here from density bonus law they do not have to have 20% of the additional units be affordable it's just the 20% of the original 100 units um and finally this um the measure sets new timelines for local agencies to determine if a proposed project meets objective planning standards and they're pretty tight so up up to 150 units 60 days and 90 days for more than 150 units and then only 30 days to review a resubmittal um so it's uh it's pretty tight next slide please okay any questions about that yeah um does that apply to exist existing commercial that's going to be transferred into residential potentially or just new Builds on Commercial I I think it applies to anything that they can turn into housing yeah if if it's commercial and it's turned into housing I I don't think that's going to be a problem if there's already housing you know there are other laws that kick in that uh require um uh relocation of tenants or you know you can't simply displace tenants so you can have a a new residential project so those laws kick in but basically if they have a a lot in in a you a lot that meets the criteria then they can build housing on it and can they still use the

32:16 – 34:140

density bonus for parking in that situation too yeah you know density bonus is you know if they have affordability they get to use the density bonus law however they need to thank you yeah sure okay so um s sp450 changed s sp9 and so these are all bunch of numbers that you know maybe the lay people don't are not familiar with but SP sp9 allows two unit developments on single family lots and it also allows people who own single family lots to uh split those lots into two and these are known as Urban lot splits um so what this this law did what SP sp450 did was they added findings that connect sp9 to housing affordability and this was as a result of a lawsuit that some Charter cities um brought against the state and what they said was you cannot stop us from requiring affordability or you can't make us require affordability because there is no link between the law and affordability and so the legislature wrote in the link and here we are um it also there used to be a requirement that um you could only approve a Housing Development under this law if at the most you would be tearing down 25% of existing structural walls of the existing house if there was an existing house that's been taken out so now they can demolish the house that's there and rebuild it or add a new unit whatever they want um the other thing that is key is that now this law prohibits imposing objective zoning subdivision and design standards that do not apply uniformly to

34:12 – 36:110

developments within the underlying zone so what does that mean it means that um a lot of cities have had laws that limited the size of SP sp9 units and they said you can only have a unit that's maybe 800 square feet or a th000 square feet you can't do that anymore so if this yeah if the single family homes are maximum 3,000 square feet sb9 units are maximum 3,000 square F feet yeah I mean assuming the lot allows right but yes so you can't distinguish them from I know I know it's a big change so like I said tip of the iceberg um okay uh any questions about that one just shaking hands yeah I get that uh next slide please um the other thing that this did was there was one reason one way that you can deny a Housing Development is if it has a specific adverse impact and it's defined in the housing accountability act it's it's a specific thing right it's not simply we say that it has an adverse impact you actually have to have evidence to show that building the building in the way that it's being proposed is going to cause a problem so here's a perfect example because a lot of the time people say well what could possibly be an specific adverse impact so I was working with the city of Rancho pal Verdes until I joined Burke and they have a landslide kind of a big Landslide and it's in a residential area so something like that you know and the city adopted a moratorium on building and you know may adopt a a Prohibition on building new housing there I you know we'll see what what they do but that moratorium was actually approved by hcd because we had a ton of evidence to show that building something in a place that's

36:09 – 38:070

moving 12 inches a week it's not a good idea right so it it's very there it's a very narrow set of circumstances but it's out there it's available so in this law there was this language that included that specific adverse impacts um upon the physical environment could also justify denial well they took out that language and just made it consistent with u the rest of the law um it now imposes a 60-day timeline to approve or deny an sb9 project application and if the timeline is not met the project is deemed approved and in the case of denial they call it denial but it's not really a denial a full set of comments have to be provided with a list of items that are defective and how the application can be remedied that's not really a denial that's basically here's how you fix it and you just keep going back until you fix it right uh but they call it denial and then um for urban lot splits it added language that limits the imposition of objective standards to those that are related to the design or Improvement of a parcel and this is um in the subdivision map act any questions about that okay uh next slide please all right small housing developments sub or subdivisions of 10 or fewer units so this bill amended that law and that the the small housing developments law was um enacted effective July of last of last year yes and the changes to this law effective July of this year um so the bill now requires local agencies to ministerially approve the subdivision of a mar a parcel map for up to 10 housing units and to allow the ministerial approval of any housing

38:04 – 40:020

units on the site as follows so it used to be that you could only do it on a multif family site um of up to five acres so now they've added vacant single family Zone sites subdivisions for multif family housing lots on less than five acres subdivisions for single family housing lots on no more than 1.5 Acres um the Law requires that the subdivided Parcels on single family sites can be no smaller than 12200 Square ft and allows housing units on a lot subject to ministerial approval to be held in tency in common I'm not sure why they felt that was important to put in there but it's in there so they've basically expanded the scope of these ministerial Provisions do you want me to go back a slide you were still reading uh could you go back a slide please you're good okay okay all right any any questions about this no okay next slide please um so they've also added that the developments may be limited to no less than the height allowed pursuant to the existing zoning designation applicable to the lot in other words they can be as tall as any other uh development in that area and also it requires that the proposed development um on a site that is not on the housing elements site inventory um have a specific minimum density so you know for the members of the public out there the housing element has uh what's called the sites inventory which is a list of properties um that have zoning

39:58 – 41:570

um that meets the Regional Housing wait Regional Housing what's what is it again I thank you Regional Housing needs allocation I always forget right when I need to remember um so if the site is not on the site inventory then it has to have at least 2third of the maximum allowable residential density per the zoning code or 2third of the applicable res residential density per the state code um whichever is greater so under the state code SEI Valley the the default minimum density is 30 dwelling units per acre so on a site that is not on the site inventory um it would have to be either at least 20 dwelling units per acre or 2/3 of whatever is allowed there if it's greater than that yes math it's hard um for me at any rate okay thank you next all right this was an easy one is um so this this is a new one that requires uh 20 days notice of a public Hearing in front of the Planning Commission for uh uh the proposing proposed zoning ordinances or amendments to a zoning ordinance that effect the use of property so it's a fairly narrow thing but it's an it's an extra notice so that's that's something that staff is going to have to contend with um any questions about that one Noe okay next please all right adus and Jus are favorites so um this this there were

41:53 – 43:520

several bills that amended these laws um for one thing they added a definition for of for livable space um they specified that in addition to uh garages and carports and covered parkings that do not have to be replaced when there is a conversion or construction of an Adu they added that uncovered parking does not need to be replaced so for State exemption adus so State exemption adus are you know in the state law there is a um a section that provides that if an Adu or a jdu meets certain requirements certain meets certain criteria they must be approved that's it and we can't add anything to them we can't require them to have anything else um and they've now increased the number of these um State exemption adus that can be uh placed on existing multif family dwelling units and now you can have up to eight as long as they don't exceed the number of existing units so if you have a fourplex you could have four adus if you have a 15 or 20 unit uh development then you can have up to eight and this is for an existing multif family with a proposed multif family dwell uh multif family then no more than two detached adus I don't know why it's confusing but there you go um it might be because now densities are so much higher so they don't feel that they need to include so many adus um in addition for State exemption adus they've added clarifying language that a local agency may not impose any objective development or design standards that are not authorized by the um the government code which is I already said that but

43:49 – 45:450

anyway and also owners can now legalize unpermitted jadus in addition to adus this was not part of the code um up until this past up until this year you could legalize an unpermitted Adu that had been built prior to 2018 now you can legalize both Jus and adus that were built prior to January 1 2020 okay question on that yes do they go with the requirements or the permits or the building code of when they're trying to make it legal or when it was built well they're they're going with the requirements of so the current building okay code yes so if you have an unpermitted Adu then you work with Planning and Building to bring it into compliance um but you you can really only deny a permit for health and safety violations Okay so yes do you have to bring it into compliance yes can you force them if it's not a health and safety violation questionable okay yeah okay next please all right there's a small change to the density bonus laws this bill allows residential care facilities for the elderly to qualify as a senior citizen housing development project under density bonus law and under dens bonus law if if your project is senior housing you get extra units and potentially waivers and concessions so and Senior is what age 55 and older great I'm the senior yeah tell me about

45:45 – 47:440

it um okay next please okay um we have we had a few bills that address fees ab1 1820 now requires local agencies to provide a preliminary fee and exaction estimate to any development proponent requesting an estimate of project fees within 30 business days of a request during the preliminary application process um the preliminary application process by the way is is um what's called the preliminary application under sp330 and basically it's a very it's a bare bones skeleton checklist that a developer can fill out and submit and it freezes the zoning um that is in existence at that point and I know you all know this I'm just saying because if there's anyone from in the public listening their eyes are probably rolling the back of their head by now and going what um also um this estimate is only for informational purposes it's not legally binding it does require local agencies to Pro post current fee schedules and an archive of relevant fee studies on their internet websites I suspect most cities already have that and requires local agencies 30 days after final approval of a project to provide a total sum of fees and exactions to the developer and in answer to your question Sean it um the final approval means that the project has received all necessary approvals to be eligible to apply for and obtain a building permit or permits so when we were talking about this earlier there was a concern that it might be you know when Council or Planning Commission um issues the entitlement or the um director issues the entitlement but you know there's a lot more steps before we get to a building permit and so 30 days is makes

47:41 – 49:390

it kind of impossible to give that total of fees um any questions about that one next please all right this one AB 2553 requires local governments to set lower traffic impact mitigation fees for Transit oriented developments including if a proposed housing development project will be developed in an area expected to have a completed Transit stop within one year from the scheduled completion and occupancy of the housing projects and of course there are definitions of Transit oriented developments and all of that it also expands the definition of a major Transit stop according to the mitigation Fe act and squa uh that's the California Environmental Quality act to incl include a Transit stop with a service interval of 20 minutes instead of 15 minutes so this expands what what it means to be a major Transit stop next please uh so AB 2729 this bill extends by an additional 18 months any housing entitlements proposed before January 24 that will expire at the end of this year so automatically they're extended um I think this was intended to um allow developers who are having difficulty getting their projects financed and and um and built to be able to rely on the entitlements that they received also specifies the expiration date of an entitlement will be told during any time the entitlement is subject to a legal challenge which you know is reasonable next please are all right um fee estimate tool ab32 so this one will require local agencies to make a fee estimate tool available on their internet website that

49:37 – 51:350

the public can use to estimate fees and exactions for proposed Housing Development and uh for the city of SEI Valley the the city must comply by July 1 2032 and this will probably make the fee estimate that we now have to give within 30 business days easier to provide if we already have a tool next please all right more fees and charges so um this one basically says that for specified affordable housing projects um we can if if requested we have to defer the payment of mitigation fees until the certificate of occupancy or final inspection occurs um it also requires a developer to break ground on the affordable housing project in 5 years to qualify for the fee deferral and limits when an agency can collect fees earlier than a certificate of occupancy so um you know the difficulty with this is that if we don't have the certificate of occupancy as leverage to get the fees once the certificate issues it makes it less easy to get those fees um so these are the types of projects that uh qualify for a fee deferral if the project provides a 100% affordable units and affordable is for lower income households uh what are called Low barrier navigation centers which are basically housing first uh temporary housing facilities designed to transition the unhoused into permanent housing and these projects include comprehensive Support Services um housing project projects in commercial zones and corridors that we talked about earlier uh affordable housing projects

51:32 – 53:310

of two or more units under sp35 it's one of the the the types of projects that we mentioned the very first slide that if the project meets the criteria and the lot meets the criteria the city has to issue the permit and then um projects that meet the criteria of the affordable housing on faith and higher education lands act so this law allows um colleges and uh churches or religious institutions to build housing on their property even if it's not zoned for housing um a density bonus law project and a project that has 10 or fewer units um so a density bonus project is really any project that has any affordability essentially so it's it's a pretty broad swath of projects here um any questions on this one anybody wants to run away screaming yet okay all right next please we're almost there all right this is not housing but it just uh provides some guard rails for uh thrift stores um and it basically says that we have to treat them like other retail stores but we can put some reasonable rules um so for example that the delivery of goods or donations is conducted within a specific area donation can only be accepted during business hours Etc so this is here because I understand from um Sean that there have been some inquiries about potentially having some thrift stores so you know my recommendation is is um to maybe look at um developing some local rules ahead of time so that we already have them in place when the time comes um next please um okay General plan so AB 3093 uh requires local governments to

53:30 – 55:290

account for the housing needs of people experiencing homelessness in their housing Elements by adding two new income categories to the Regional Housing needs assessment for the seventh cycle so this is for the next housing element um starting in 29 and these two categories are acutely low income and extremely low income and also requires hcd the um Department of of um Housing and Community Development it's a state agency to prepare guidance um sorry I've been referring to hcd this whole time and I didn't Define it so for anybody out there who's listening going what is hcd that's that's what it is my apologies uh they have to prepare guidance by the end of next year that provides some sample analyses and programs for local governments to use in meeting the obligations of this measure which is probably useful because I think um you know the housing elements are difficult to um bring to to create you know and get them into compliance because hcd does review them so closely so having these guidelines will really help cities uh next one please AB 2684 uh affects the safety element this requires that local governments um for any element update after January 1 2028 that they also update their safety element to address the hazard of extreme heat so basically if the next element update is the housing element then at that time you're going to have to update your safety element it also requires local agencies upon the next revision of their housing element or local Hazard mitigation plan after January 1 2028 to identify new information related to extreme heat hazards applicable to the local jurisdiction that was unavailable during the previous revision of the safety element

55:26 – 57:240

so yeah basically the next housing element this is all going to have to be addressed uh next one please and then lastly conservation element um um after January 2028 uh local agencies will have to include Wildlife connectivity element in their next general plan and the local jurisdiction must consider how development will impact Wildlife movement using relevant data and consult with appropriate state agencies to achieve this okay next please all right and then the last bill I think that we're talking about is the uh Warehouse development standards and buffers of ab 98 so this is a pretty big comprehensive Bill we're really just touching on the the the topics um so this requires specific standards that warehouses and Logistics Logistics use facility ities must meet it defines two tiers for the specific standards and um these are called 21st century Warehouse design and Tier 1 21st century Warehouse design with a shocking lack of imagination if I may say so um that will apply to new or expanded Logistics use facilities beginning in January of 2026 and also has requirements for air quality monitoring for counties of Riverside and San Bernardino so you don't have to worry about that that one next please it also is going to require light and noise buffers for warehouse developments um so any new Logistics facility within 900 ft of a sensitive receptor will have uh buffers as follows that have to do with um 50 ft in width measured from the property line of all adjacent sensitive

57:21 – 59:210

receptors um if it's in a rezoned industrial site then it has to be 100 ft um and you know there's then there are other additional uh development standards for the buffer and the sensitive receptors are residences schools daycare facilities public parks playgrounds Etc uh so playgrounds dayc carees Etc uh primarily used by children nursing homes or similar live-in housing and hospitals next please and finally it's going to require a circulation element update uh on or before January 28th a city uh shall update its circulation element to include truck routes okay and that's it welcome get C of absolutely yes and and did you want me to include the government code citations in there for you that would be fantastic okay I will send you an updated copy with all of that um so my line is item 11b is open for comments from the commission this is this is that item I just want to say thank you very much for that presentation that was very helpful oh you're welcome and like I said if you want me to come back and talk about housing accountability act for several hours that would be one no I'm just kidding I think the city council would appreciate that oh that's a good idea I think that's yes but if we have more questions we can absolutely I will make sure to give you my card at the end of the the meeting and please feel free to reach out thank you I I have a feeling Pacific Palisades will never look the same I no I don't think it will it's it's going to be quite a fight I think same with ala I mean yeah it it's going to change the landscape

59:19 – 1:00:310

immensely unfortunately well I think it's going to change everyone's landscape including ours I mean in the long run because of the the way it's going to change there will change us too we're going to learn from them and we're on a slower roll yes yeah as a massive impact right now yeah thank you thank you so much any more questions or comments thank you does staff have anything to report no items from staff for planning for mobile home rent mediation board oh Planning Commission commission do any Commissioners have anything to report I didn't even want to ask you because we never have anything to report um mobile home rent mediation board does staff have anything to report no items tree Advisory Board does staff have anything to report no items tonight this concludes the meeting of February 19th the next scheduled meeting will be March 5th March 12th the meeting is assured

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.