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[00:00:01]

GOOD EVENING.

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, NOVEMBER 9, 2020 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90630]

MY NAME IS DARREN EXTERRA AND I'M CHAIRMAN OF THE PLANNING COMMISSION OF LAHABRA AND IN ACCORDANCE WITH EXECUTIVE ORDER AND DASH TWO FIVE DASH TWO ZERO GUIDANCE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ON GATHERINGS AND IN AN EFFORT TO SLOW THE SPREAD OF COVID 19, AND TO ENSURE THE HEALTH AND SAFETY OF OUR COMMUNITY, THE REGULAR MEETING OF THE LA HARBOR PLANNING COMMISSION IS BEING CONDUCTED VIA TELECONFERENCE PLANNING, COMMISSIONERS AND STAFF ARE CALLING IN REMOTELY AND REMOTE PUBLIC PARTICIPATION CAN BE DONE AS FOLLOWS FOR THE GENERAL PUBLIC WHO HAS CALLED IN.

PLEASE NOTE THAT YOU ARE MUTED, BUT IF YOU WANT TO COMMENT DURING THE PUBLIC COMMENT PORTIONS OF THE AGENDA, PRESS STAR NINE AT THE APPROPRIATE TIME INDICATED BY THE PLANNING COMMISSION CHAIR DURING THE MEETING AND YOUR CALL WILL BE SELECTED FOR THE MEETING QUEUE.

PLEASE NOTE THE SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES EACH AND THAT THE TOTAL TIME PERIOD FOR PUBLIC COMMENT IS 30 MINUTES.

PUBLIC COMMENTS WILL ALSO BE ACCEPTED BY EMAIL TO PLANNING COMMISSION, ALL ONE WORD@LAHABRACAALLONETERM.GOV.

SO AT THIS TIME EATING WELL NOW PLEASE COME TO ORDER AND I'LL ASK YOU ALL TO PLEASE JOIN COMMISSIONER POWELL AND THE PLEDGE OF ALLEGIANCE.

THANK YOU.

WOULD YOU JOIN ME? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

COMMISSIONER PAUL.

WELL, THE SECRETARY, PLEASE CALL ROLL.

YES, THIS IS COMMISSIONED SECRETARY CARMEN, COMMISSIONER PAL HERE.

COMMISSIONER COMMISSIONER BERNIER.

COMMISSIONER BERNIER IS MUTED HERE.

OH, FANTASTIC.

VICE CHAIR.

MANLEY YOUR CHAIR IN THIS AREA HERE.

I'LL PRESENT.

THANK YOU.

THANK YOU.

CARLA.

PUBLIC COMMENT SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR ALL PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME, THAT'D BE GRANTED AND OR ALONE TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF, NON REPETITIVE AND PROFESSIONAL IN NATURE.

THE GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEMS, CITY BUSINESS THAT IS NOT APPEARING ON THE AGENDA TONIGHT.

SO THERE IS NOT THE TIME FOR COMMENTS ON THE MERITS OF EITHER OF THE TWO PUBLIC HEARINGS.

WE'VE GOT AGENDA TONIGHT FOR GOVERNMENT CODE SECTION FIVE 49, FIVE 4.3 SEVE SUCH COMMENTS WILL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.

AGAIN, AS A REMINDER, IF ANYONE ON THE LINE WISHES TO ADDRESS THE COMMISSION ON SOMETHING, NOT ON THE AGENDA AT THIS TIME, PLEASE DIAL STAR NINE NOW AND WAIT TO BE ANNOUNCED.

RHONDA, DO WE HAVE ANY PUBLIC COMMENTS TO READ INTO THE RECORD OR IS THERE ANYBODY HOLDING FOR PUBLIC GOOD EVENING? UH, WE DID NOT RECEIVE ANY EMAILS TO BE READ INTO THE RECORD.

AND AT THIS TIME THERE'S NO ONE WISHING TO ADDRESS THE COMMISSION.

THANK YOU VERY MUCH PRODUCT.

WE WILL NOW CLOSE PUBLIC COMMENTS AND MOVE ON TO THE CONSENT CALENDAR.

ALL MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS A COMMISSIONER CITY STAFF MEMBER OR MEMBER OF THE AUDIENCE REQUESTS, SEPARATE ACTION OR REMOVAL OF AN ITEM, ROUTE ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENT WILL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A LITTLE TIME WITH THREE MINUTES PER ITEM THAT HAS BEEN REMOVED FOR SEPARATE DISCUSSION, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME MAY NOT BE GRANTED AND OR ALONE TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE STAKING TIME AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE, PLEASE FOR THE CONDITION AT THIS TIME IS THE CONSENT CALENDAR, WHICH INCLUDES THE APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 26, 2020.

SO DO ANY OF THE COMMISSIONERS WISH TO REMOVE AN ITEM FROM THE CONSENT CALENDAR? MR. WILL NO CONDITIONER PAL, NO, UH, COMMISSIONER BERNAY.

I THINK I GOT A TEXT FROM YOU THAT YOU'RE HAVING DIFFICULTY REMOVING YOURSELF FROM MUTE.

HAVE YOU HAD SUCCESS WITH THAT OR IS IT, I CAN TALK NOW, BUT IT KEEPS SAYING THE HOST IS MEETING ME.

SO JUST, YOU KNOW, IT'S AUTOMATICALLY DOING IT.

ALL RIGHT.

THAT'S JUST, ROY SAID TOO MUCH THIS YEAR.

THAT'S IT? THAT'S A NO FOR YOU.

UH, MICHELLE VICE CHAIR MANLEY.

I DO NOT WISH ANYTHING REMOVED.

IS THERE ANYONE ON THE PHONE WHO WISHES TO HAVE AN ITEM REMOVE PRESS STAR NINE.

NOW, IF YOU WOULD RESPIRATION TO REMOVE AN ITEM AND WAIT TO BE FOUND, AND I KNOW VERONICA, IF THERE'S ANYBODY HOLDING FOR THAT PURPOSE AND NO ONE IS ON HOLD, WISHING TO REMOVE AN ITEM.

THANK YOU VERY MUCH.

I HAVE A MOTION, MR. CHAIR, WITH YOUR PERMISSION, I'D LIKE TO MAKE A MOTION, PLEASE.

THIS IS COMMISSIONER MANLEY.

MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.

THANK YOU.

IS THERE A SECOND COMMISSIONER MANMADE THE SECOND PLEASE CALL ROLL.

THIS IS THE SECRETARY

[00:05:01]

CLIMATE COMMISSION TO REMIND ME PLEASE.

YES.

COMMISSIONER BURNETT.

COMMISSIONER PAL.

YES.

COMMISSIONER.

YES.

SHARON IS HEARING YES.

MOTION PASSED.

THANK YOU.

WE WE'LL NOW MOVE TO THE PUBLIC HEARINGS SCHEDULED FOR THIS EVENING.

THE PROCEDURES WILL BE AS FOLLOWS.

THE CHAIR WILL ANNOUNCE THE HEARING AND THE STAFF WILL GIVE A REPORT ON THE ITEM.

THOSE WHO WISH TO SPEAK IN FAVOR OF THE ITEM WILL BE RECOGNIZED FIRST.

AND THEN THE COMMISSION HERE FOR THOSE IN OPPOSITION, REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.

AFTER ALL IS SPOKEN TO PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTION.

IT DEEMS APPROPRIATE.

IF YOU WISH TO ADDRESS THE COMMISSION, UH, PLEASE WAIT TO BE PROMPTED.

AND WHEN CALLED, PLEASE IDENTIFY YOURSELF BY SLOWLY SPELLING OUT YOUR FIRST AND LAST NAME AND STATE YOUR ADDRESS FOR THE RECORD, PLEASE.

THE FIRST ITEM ON THE AGENDA IS CONSIDERATION REQUESTS FOR CONDITIONAL USE PERMIT TWO ZERO DASH ONE FIVE TO OPERATE A RESTAURANT ONE FOUR, FIVE, EIGHT SOUTH HARBOR BOULEVARD.

AND MAY WE PLEASE HAVE A STAFF REPORT? YES.

MR. CHAIRMAN, UH, PLANNER, UH, DAVID LOPEZ WILL BE PRESENTING THE REPORT FOR YOU THIS EVENING.

THANK YOU.

GOOD EVENING, CHAIRMAN AND COMMISSIONERS.

I'LL BE SHARING MY SCREEN, PUTTING UP THE POWERPOINT PRESENTATION.

YEP.

THE APPLICANT THIS EVENING IS REQUESTING AN APPROVAL OF THE LAST CONDITIONAL USE PERMIT FOR A RESTAURANT WITHIN THE CENTER.

IT IS IDENTIFIED AS MILK AND MOCHI.

THE PROPOSED RESTAURANT IS GOING TO BE LOCATED WITHIN THE ROW ON HARBOR CENTER, LOCATED ALONG THE EAST SIDE OF HOWARD BOULEVARD BETWEEN LAST RENDERS DRIVE AND LOS PALMAS DRIVE.

THE CENTER CONTAINS 14 SWEETS, 12 OF WHICH HAVE BEEN LEASED.

THERE ARE CURRENTLY FIVE RESTAURANTS OPERATING WITHIN THE CENTER.

TWO HEALTH CLUBS ALREADY, AN OPERATION, AND ONE NAIL SALON AND OPERATION.

THERE ARE TWO RESTAURANTS IN THE PLAN CHECK PROCESS.

ONE OF WHICH IS CHANGED ITS NAME, CALIFORNIA PETA GRILL WILL NO LONGER MOVE FORWARD AND IN ITS PLACE IS WHERE I CHICKEN.

ANOTHER CHANGE IS A NAME CHANGE FROM THE RESTAURANT HOGGIN HIN, WHICH WILL NOW BE KNOWN AS M G E AND THE LAST CHANGE, THE CENTER, THE RESTAURANT OR ROT KITCHEN, WHICH WAS APPROVED EARLIER THIS YEAR WILL NO LONGER MOVE FORWARD.

THE SUITE HAS BEEN CHANGED TO A RETAIL SUITE AND THE RETAIL STORE IS NOW CALLED CC.

THE RETAIL USE FOR FUNCTION IS PERMITTED BY, RIGHT? SO THERE IS A CHANGE FROM THE ORIGINAL NINE RESTAURANTS WITHIN THE CENTER TO DOWN TO EIGHT RESTAURANTS.

THE RESTAURANT MILK AND MOCHI WILL BE LOCATED NEAR THE NORTHERLY END OF THE CENTER IN BETWEEN PHEW NOODLE BAR AND THE THEORY I CHICKEN.

UM, THE UPDATED SITE PLAN IDENTIFIES ALL THE EXISTING AND PROPOSED USES.

UH, THERE'S ALSO A USE IDENTIFIED AS CODE NINJAS, WHICH WILL BE PRESENTED AT A LATER DATE.

G SUITE IS APPROXIMATELY 1300 SQUARE FEET.

UM, THE FLOOR PLAN DOES NOT INCLUDE A FULL DINING AREA LIKE THE OTHER RESTAURANTS.

IT ALSO DOESN'T HAVE ACCESS TO AN OUTDOOR SEATING AREA.

UM, THE PROS RESTAURANT IS DESCRIBED AS A DESSERT DESTINATION, WHICH WILL A MOCHI DONUTS, BOBA ICE CREAM, SHAVED ICE TEA, SCONES, AND COOKIES.

THE RESTAURANT IS GOING TO FUNCTION AS A FOOD TO GO TYPE FUNCTION OR USE.

THE HOURS OF OPERATION ARE MONDAY THROUGH SUNDAY FROM 11:00 AM TO 9:00 PM WITH THREE TO FOUR EMPLOYEES AS INDICATED.

THIS IS THE LAST RESTAURANT USE TO BE LOCATED WITHIN THE CENTER FOR A TOTAL OF EIGHT RESTAURANTS, THE APPROVED PARKING STUDY FOR THE CENTER, ANALYZE NINE RESTAURANTS OPERATING SIMULTANEOUSLY WITH THE CHANGE OF USE OF THE AURA KITCHEN SUITE FROM RESTAURANTS, FOR RETAIL, THE REDUCTION IN THE TOTAL NUMBER OF RESTAURANTS ACTUALLY PROVIDES A POSITIVE RESULT.

AS THE PARKING REQUIREMENTS FOR A RETAIL USE ARE SIGNIFICANT SIGNIFICANTLY LESS THAN THE RESTAURANT USE.

UM, IN ADDITION, RESTAURANTS THAT OFFER A FOOD TO GO SERVICE OR FUNCTION, UH, ALSO HAVE A REDUCED PARKING RATIO.

THE FINDINGS IN THE APPROVED PARKING STUDY ARE STILL VALID AND IT FOUND THAT THE CENTER COULD CONTAIN THE

[00:10:01]

HIGHEST FORECASTED PARKING DEMAND ONSITE THAT HOURS OF OPERATION FOR THE PRO'S RESTAURANT ARE CONSISTENT WITH THE OTHER RESTAURANTS WITHIN THE CENTER.

UM, PARKING IS NOT IMPACTED AS PART OF THE REQUEST, UH, AND THE RESTAURANT OPERATOR WILL BE REQUIRED TO COMPLY WITH ALL CITY CODES AND ORDINANCES.

UM, IT IS THEREFORE RECOMMENDED THAT THE PLANNING COMMISSION APPROVE CONDITIONING'S PERMIT, UH, 20 DASH 15.

THANK YOU.

THAT CONCLUDES MY PRESENTATION.

NOW I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

HOW ABOUT NOW? CAN YOU HEAR ME? THERE WE GO.

OKAY.

I HAD THE SAME SITUATION AS MICHELLE.

I COULDN'T UNMUTE OR START VIDEO.

SO SORRY ABOUT THAT, DAVID.

NO PROBLEM.

THANK YOU VERY MUCH.

AND NOW THAT I'M BACK, I'LL ASK A ROLL CALL ALL THE COMMISSIONERS FOR ANY QUESTIONS OF STAFF, ESPECIALLY NO QUESTION.

THANK YOU, COMMISSIONER PAUL.

NO QUESTION.

THANK YOU, COMMISSIONER.

BERNAY.

THANK YOU.

VICE CHAIR.

MADELEY.

NO QUESTIONS.

THANK YOU.

AND I DO NOT HAVE ANY QUESTIONS.

SO I'LL NOW OPEN THE PUBLIC HEARING.

IF ANYONE WISHES TO SPEAK IN FAVOR OF THE PROPOSED PROJECT, PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED.

AND RHONDA, DO WE HAVE ANY EMAILS TO READ INTO THE RECORD OR ANYBODY ON FULL WISHING TO SPEAK IN FAVOR? WE DID NOT RECEIVE ANY EMAILS TO READ INTO THE RECORD, BUT WE DO HAVE SOMEONE ON HOLD WHO WISHES TO ADDRESS THE COMMISSION.

OKAY.

THANK YOU VERY MUCH.

SPEAKER, PLEASE IDENTIFY YOURSELF SLOWLY, SPELL OUT YOUR FIRST AND LAST NAME AND PLEASE GIVE US YOUR ADDRESS FOR THE RECORD.

OKAY.

I HAVE A MUTED, UH, PHONE NUMBER SEVEN ONE, NO, I'M SORRY.

(747) 236-2288.

PLEASE MAKE SURE YOU UNMUTE YOURSELF ON YOUR END.

OKAY.

THANK YOU.

I WAS TALKING TO NANNY.

WELL, I THINK GOING THROUGH, OKAY, SO THIS IS BJ.

UH, LET HER BE, AND THEN LET HER CHAIN AND THE LAST NAME.

K I M UH, MY ADDRESS IS TEN TWO HUNDRED TO PULL THAT UP BOULEVARD, SUITE TWO 90 MISSION HILLS, CALIFORNIA, NINE ONE THREE FOUR FIVE.

SO, UM, UH, WE'RE, WE'RE VERY EXCITED TO GET THE, GET THE LAST, UH, REALLY THE CENTERPIECE OF OUR REFILL CENTER.

UH, IT'S, IT'S A DESSERT PLACE THAT REALLY BRINGS THE WHOLE CENTER TOGETHER.

IT'S IN THE VERY MIDDLE OF OUR COMPLEX, UM, UH, WE'VE UH, WE WE'VE KEPT OUR WORD AND WAS EVEN THROUGH THE COVID PANDEMIC, KEPT THE, THE MIX, UH, AND, AND, AND, UM, PROVIDE A REALLY A GREAT EXPERIENCE FOR EVERYONE IN LA OPERA.

AND THEY DIDN'T WANT ANYONE WHO COMES TO OUR CENTER.

SO, SO RIGHT NOW, UM, OUR PARKING'S, UH, VERY MUCH IMPROVED, UH, CCU, WHICH IS OVER 1600 SQUARE FOOT.

IT'S NOT RETAIL.

THERE ARE, YOU KNOW, HAVING VERY DIFFICULT TIME WITH COVID AND, YOU KNOW, WE HELP THEM TRANSITION THAT INTO A RETAIL STORE.

AND THEN WITH, UH, 1450, WHICH IS ENTITLED FOR FULL RESTAURANT, THAT'S REALLY A TO GO.

UM, IT'S REALLY FOR PEOPLE TO SWING BY HAVE, HAVE A GREAT MEAL SPA.

AND, AND IF YOU HAVEN'T HAD MOCHI DONUTS IT'S OH MY GOD, IT'S THE MOST AMAZING THING EVER.

SO IT'S, IT'S A NEW TREND AND YOU, UH, EXPERIENCE AND, UH, THE OPERATOR IS VERY EXCITED TO BE HERE AND OPEN AT THE CENTER.

AND, UM, UH, I JUST WANT TO REITERATE THAT THERE IS NO OFFSITE PARKING REQUIRED.

UM, AND THEN THE PARKING IS GREATLY GREATLY IMPROVED SINCE ESSENTIALLY YOU'RE, YOU'RE TURNING, UH, TWO RESTAURANTS BACK INTO LESS THAN RETAIL.

SO IF YOU HAVE ANY QUESTIONS FOR ME, UH, LET ME KNOW, AND I'LL BE VERY GLAD TO ANSWER THEM TO THE FULLEST POSSIBLE EXTENT THAT I CAN.

THANK YOU.

THANK YOU VERY MUCH, MR. KIM, ANY QUESTIONS MR. KIM COMMISSIONER MUNOZ? NO QUESTIONS.

CAN I SHIP OUT? NO QUESTIONS.

COMMISSIONER BERNAY VICE-CHAIR MANLEY.

NO QUESTIONS, MR. KIM.

I'M GLAD TO SEE THAT CENTER COMING TOGETHER SO WELL.

AND, UH, THEY THE SAME, MR. KIM.

THANK YOU VERY MUCH FOR SPEAKING.

WE APPRECIATE IT.

AND WE'RE WISHING YOU LUCK.

THANK YOU.

IS ANYONE ON HOLD, WISHING TO SPEAK IN OPPOSITION OF THE PROPOSED PROJECT.

SO PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED, UH, VERONICA, ANY CALLERS ON HOLD, GIVING THEM A SECOND SO FAR.

NO ONE IS WISHING TO ADDRESS THE COMMISSION.

AT THIS TIME, WE WILL NOW CLOSE THE PUBLIC HEARING AND I WILL CALL THE PLANNING COMMISSIONERS TO DISCUSS THE PROJECT AND OR OFFER ANY COMMENTS, UH, COMMISSIONER.

AND WHEN YOU'RE,

[00:15:01]

UH, NO COMMENT.

JUST GLAD TO SEE THAT THE CENTER IS THRIVING.

A MIDST OF A PANDEMIC.

THANK YOU, COMMISSIONER PAL, NO QUESTIONS, COMMISSIONER BURNETT.

UM, I'M REALLY HAPPY ABOUT THE PARKING NOW THAT IS REDUCED.

THIS IS GOING TO HELP OUT THIS, THIS AREA.

THAT REALLY MAKES ME HAPPY ABOUT THAT.

I APPRECIATE THAT.

THANK YOU, VICE CHAIR, MANLEY.

NO QUESTIONS, CHAIR.

THANK YOU.

UH, AND I WILL SECOND MICHELLE'S MOTION THAT I'M AWFULLY RELIEVED.

THE OFFSITE ARGUING IS NO LONGER AN ISSUE AND EVEN A VALLEY PARKING, UH, DOES COME INTO PLAY AT SOME POINT DOWN THE ROAD THAT THEY WILL NOT HAVE TO RUN ACROSS THE STREET AND YOU CAN ACCOMMODATE THOSE VEHICLES ON THAT SIDE OF THE STREET.

SO THANKS AGAIN, MR. KIM, FOR THAT, UH, AT THIS TIME, MAY I HAVE A MOTION PLEASE? I'LL MAKE A MOTION COMMISSIONER.

VERNIER MAKE A MOTION.

APPROVE THE RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ALHAMBRA OR PROVING CONDITIONAL USE PERMIT 20 DASH ONE FIVE TO OPERATE THE RESTAURANT AT 14 FIVE EIGHT SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS AS PER APPROVED PLANS AND 17 CONDITIONS.

THANK YOU.

IS THERE A SECOND ON A SECOND COMMISSIONER? THANK YOU, MAN.

PLEASE CALL ROLL.

CAN YOU HEAR ME? THIS IS CARMEN WITH NO, COULDN'T HEAR YOU CALLING ROLL COMMISSIONER BERNIER.

YES.

COMMISSIONER MUNYA YES.

CAN WE GET A PAL? YES, YES, YES.

THIS MOTION HAS PASSED.

THANK YOU VERY MUCH.

SECOND ITEM ON THE AGENDA TONIGHT IS ITERATION ZONE CHANGE TWO ZERO DASH ZERO THREE, AMENDING TITLE 18 IN PARENTHESES OF THE LAHABRA MUNICIPAL CODE BY ADDING CHAPTER ONE 8.8 TO A QUOTE INCLUSIONARY HOUSING UNITS.

UNQUOTE, MAY WE PLEASE HAVE A STAFF REPORT? MR. CHAIRMAN SENIOR PLANNER SHAPER WILL BE PRESENTING THIS ITEM TO YOU THIS EVENING.

THANK YOU.

GOOD EVENING.

HORRIBLE CHAIR AND COMMISSIONERS.

THIS IS SENIOR PLANNER SHAPER.

I'M SHARING MY SCREEN AT THIS TIME.

GIVE IT A SECOND TO DO ITS THING.

UH, ARE YOU GUYS ABLE TO SEE MY SCREEN AT THIS TIME? OKAY.

SO THE CITY IS REQUESTING CONSIDERATION OF AN ORDINANCE ENTITLED INCLUSIONARY HOUSING UNITS.

UM, APOLOGIZE.

I'M NOT SEEING, OKAY.

GOT IT.

ALL RIGHT.

ON JANUARY 21ST, 2014, THE CITY COUNCIL ADOPTED THE HOPPER GENERAL PLAN 2035, WHICH INCLUDED THE 2014 THROUGH 2021 HOUSING ELEMENT.

THE GENERAL PLAN CONTAINS 93 GOALS AND POLICIES TO DIRECT FUTURE DEVELOPMENT IN THE CITY GOAL, B 11 OF THE GENERAL PLAN POLICY, 87 OF THE HOUSING ELEMENT AND PROGRAM OF THE HOUSING ELEMENT.

EACH SPECIFICALLY CAUGHT REQUIREMENT THAT AN INCLUSIONARY HOUSING ORDINANCE CONSIDERED FOR ADOPTION BY THE CITY IN 1980 STATE LEGISLATION WAS PASSED.

THAT REQUIRES THAT THE VARIOUS ASSOCIATIONS OF GOVERNMENTS FORECAST THE HOUSING NEEDS OF THEIR ASSOCIATES CITIES.

THIS FORECAST IS KNOWN AS A REGIONAL HOUSING NEEDS ASSESSMENT OR ARENA LAHABRA IS SHARE, OR THE UNITS IS PROJECTED AT EIGHT OH THREE OR 803 UNITS BELOW IS A BREAKDOWN ON THE UNITS THAT LAHABRA IS REQUIRED TO PROVIDE WITHIN THE CYCLE SIX.

AND AS YOU CAN SEE, WE HAVE THE FOUR DIFFERENT CATEGORIES ABOVE MODERATE, MODERATE, LOW, AND VERY LOW MANY CALIFORNIA CITIES FALL SHORT IN MEETING THEIR MARINA NUMBERS, PARTICULARLY IN THE LOW AND VERY LOW LEVELS WHILE NOT MEETING THE RENA NUMBERS HAS NO ASSOCIATED PENALTY AT THIS TIME, JURISDICTIONS THAT FAIL TO MAKE ADEQUATE STEPS TO TRY TO MEET THEIR RENA NUMBERS MAY FACE PENALTIES.

THERE ARE VARIOUS PENALTIES THAT MUNICIPALITY COULD FACE AS SHOWN ABOVE.

AND THE TWO ITEMS I HAVE PROVIDED, OR EXAMPLES ARE THE CITY OF

[00:20:01]

HUNTINGTON BEACH AND THE CITY OF PLEASANTON.

SO HEIGHTS AND BEACHES FAIRLY CLOSE TO US, AND IT'S ACTUALLY, UM, AN ORANGE COUNTY CITY.

SO, UM, JUST SOMETHING TO CONSIDER THE CITY HAS UTILIZED VARIOUS TOOLS TO REQUIRE DEVELOPERS, TO PROVIDE AFFORDABLE HOUSING OVER THE LAST 20 YEARS.

GENERALLY, THIS HAS BEEN IMPLEMENTED THROUGH DISCRETIONARY PERMITS, SUCH AS SPECIFIC PLANS AND DEVELOPMENT AGREEMENTS.

HOWEVER, EACH PROJECT WAS INDIVIDUALLY NEGOTIATED AND THE CONDITIONS OF APPROVAL VARIED FROM PROJECT TO PROJECT.

I PROVIDED THREE EXAMPLES THAT ARE SHOWN ON THE SCREEN.

THE FIRST TWO PROVIDED IN LIEU FEES.

WHEREAS THE THIRD PROJECT DID NOT.

HOWEVER, THE THIRD PROJECT WAS, WHICH IS A VOLUNTEER APARTMENT PROJECT DID PROVIDE A SIZABLE PARK'S CONTRIBUTION.

THE FIRST TWO EXAMPLES PRE-OWNED LAWN AND GARDENS EACH PLAYED, UM, IN LIEU OF FEES, WHICH WERE NEGOTIATED INDIVIDUALLY IN ORANGE COUNTY, EIGHT OF 34 CITIES HAVE APPROVED INCLUSIONARY HOUSING ORDINANCES.

THE MAJORITY OF THESE REQUIRE A MINIMUM OF 15% OF THE NEEDS BE AFFORDABLE FOR A MULTI-FAMILY MULTI-FAMILY PROJECT.

UH, THE SPECIFICS OF EACH ORDINANCE DIFFER FROM CITY TO CITY.

HOWEVER, ALL HAVE A METHOD FOR CALCULATING AND LOOP FEES.

WHEN THE DEVELOPER CHOOSES NOT TO PROVIDE AFFORDABLE UNITS AS PART OF THEIR PROJECT.

AND YOU CAN SEE ON THE MAP, WE HAVE THE BLUE ICONS THAT SHOW THE CITIES THAT HAVE ADOPTED INCLUSIONARY HOUSING ORDINANCES.

AND THE CLOSEST ONE TO US IS THE C A BRIA.

I'M NOT SHOWING THIS MAP TO THE CITY OF WHITTIER, WHICH ALSO HAS AN INCLUSION, INCLUSIONARY HOUSING.

OKAY.

THE PROPOSED INCLUSIONARY HOUSING ORDINANCE INCLUDES THE FOLLOWING FEATURES.

IT APPLIES TO PROJECTS OF 10 OR MORE RESIDENTIAL UNITS, AND THIS, THESE CAN BE FOR SALE OR RENTAL UNITS.

UH, IT REQUIRES THAT 15% OF THE UNITS OF A TOTAL PROJECT COUNT TO BE AFFORDABLE.

SO IF IT'S A FOR-SALE PROJECT, UM, THESE ARE AVAILABLE TO FAMILIES EARNINGS NO MORE THAN A HUNDRED PERCENT, 110% OF THE AREA, MEDIAN INCOME.

AND IN LAHABRA A FAMILY OF FOUR, THE MEDIAN INCOME IS $98,734.

IF IT'S A RENTAL PROJECT, 9% OF THE UNITS ARE TO BE RESERVED FOR MODERATE INCOME FAMILIES.

AND 6% OF THE UNITS ARE FOR LOW OR VERY LOW INCOME FAMILIES.

YOU HAVE TAMMY RIGHTS PER A BE PROVIDED ON A PROJECT SITE OR OFF THE SITE IN ANOTHER LOCATION.

UM, YOU MAINTAIN AFFORDABILITY AND BASED ON STATE LAW CURRENTLY FOR YOUR RENTAL PROJECT, THAT MEANS 55 YEARS.

AND IF IT'S A FOR-SALE PROJECT, WHICH IS OWNER OCCUPIED, THAT IS FOR 45 YEARS, THE DEVELOPER CAN CHOOSE TO PAY THE IN LIEU OF FEE INSTEAD OF PROVIDING UNITS.

AND LASTLY, THE IN LIEU FEE IS BANKED BY THE CITY AND IT'S THE PURPOSE TO BE USED AT A FUTURE DATE TO CREATE AFFORDABLE UNITS SOMEWHERE ELSE IN TOWN.

IN SUMMARY, THE PROPOSED INCLUSIONARY HOUSING ORDINANCE PROVIDES THE CITY WITH A TOOL TO REQUIRE AFFORDABLE UNITS WHILE IT'S NOT REQUIRED TO BE APPROVED.

THE INCLUSIONARY HOUSING ORDINANCE PROVIDES THE CITY THE BEST OPTION FOR OBTAINING UNITS REQUIRED BY THE ARENA.

THEREFORE STAFF RECOMMENDS THAT THE PLANNING COMMISSION PASS A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVES ZONE CHANGE 20 DASH ZERO THREE IN ADOPTING AN ORDINANCE ADDING CHAPTER 18.8 TO INCLUSIONARY HOUSING UNITS TO THE LAHABRA MUNICIPAL CODE.

THIS CONCLUDES MY PRESENTATION.

THANK YOU.

THANK YOU, CHRIS.

AT THIS TIME, I'LL ROLL CALL MY FELLOW COMMISSIONERS TO SEE IF THEY HAVE ANY QUESTIONS.

UM, YES, I HAVE A COUPLE QUESTIONS.

UM, THE FIRST ONE IS CHRIS REGARDING, UM, THE MISSION OF HOUSING UNITS.

I KNOW WE HAVE IT IN THE MUNICIPAL CODE.

I JUST WANT TO MAKE SURE THAT WE'RE NOT EXCLUDING LIKE SINGLE UNITS EFFICIENCY UNITS AND LIKE STUDIOS.

UM, ARE YOU REFERRING TO THE, UM, THE ORDINANCE ITSELF? YEAH, CAUSE I KNOW I REFERENCED THOSE DWELLING UNITS, BUT, AND THEN WHEN YOU REFERENCE THE ACTUAL DEFINITION OF A DWELLING UNITS, I JUST WANT TO MAKE SURE THAT WE'RE NOT EXCLUDING ANY TYPE OF TYPE OF HOUSING UNITS.

UM, LIKE FOR EXAMPLE, IF WE GET A DEVELOPMENT, THAT'S ALL STUDIOS, YOU KNOW, WOULD THEY STILL BE PART OF THIS ORDINANCE AND S OH YEAH, ABSOLUTELY.

[00:25:01]

YEAH.

THERE'S NO RIGHT.

YEAH.

INCLUDES ANY TYPE OF UNIT.

OKAY.

UM, I DID NOTICE THE SECOND QUESTION IS AS FAR AS THE DESIGN OF THE INCLUSIONARY UNITS, I KNOW IT TALKS ABOUT THE ACTUAL DESIGN OF THE UNITS THEMSELVES.

IF THEY HAVE TO BE THE SAME AS THE MARKET RATE UNITS, WHAT ABOUT THE ACTUAL LOCATION OF THE UNITS? UM, I DON'T WANT TO CERTAINLY SEE ALL OF THE AFFORDABLE HOUSING UNITS, LIKE IN ONE AREA OF THE PROJECT, BECAUSE I THINK IT'S GOING TO BE COUNTERPRODUCTIVE AS FAR AS IT BEING INCLUSIONARY AND BEING THROUGHOUT THE PROJECT.

BUT I DIDN'T SEE ANY REFERENCE AS FAR AS THE ACTUAL LOCATION OF THE UNITS, UH, THAT THAT'S CORRECT.

WE DO NOT HAVE IN THE CODE, UH, SPECIFIED THE LOCATION OF THE INCLUSIONARY HOUSING UNITS, UM, FROM EXPERIENCE ON THE PROJECT THAT WAS DONE IN TOWN A COUPLE OF YEARS AGO, DELUSIONARY UNITS TENDED TO BE THE SMALLER UNITS, UH, BUT THEY WERE SPREAD OUT THROUGHOUT THE PROJECT.

BUT THE, BUT THE PROPOSED CODE THAT WE'RE PROPOSING DOES NOT SPECIFY THE LOCATION OF THOSE UNITS.

WE KIND OF ADD THAT LANGUAGE IF YOU'D LIKE, AND THIS IS JUST A DRAFT AT THIS POINT, I WOULD RECOMMEND IT JUST BECAUSE IF WE EVER GET A DEVELOPER, THAT FOR EXAMPLE IS LOOKING AT THE SMALLER UNITS AND THEY SHIP THEM ALL ON ONE SIDE OF THE PROJECT.

I WOULDN'T, I WOULDN'T WANT THEM TO NOT BE PART OF THE PROJECT AND KIND OF SEGREGATE THEM.

I THINK THAT'S COUNTERPRODUCTIVE AS FAR AS, UH, THE ORDINANCE BEING INCLUSIONARY AND SO FORTH AND KIND OF BEING WITHIN THE PROJECT ITSELF.

BUT THAT WOULD BE A RECOMMENDATION THAT WOULD BE UP TO THE COMMISSION THAT THEY AGREE WITH THAT CHANGE.

WE'LL CIRCLE BACK AROUND TO THAT AFTER I THINK WE GIVE EVERYONE OPPORTUNITY TO TALK TO CHRIS, THEN WE'LL ADDRESS THAT ISSUE SEPARATELY.

LIKE YOU'RE DONE FOR NOW.

MANNY.

ONE MORE QUESTION.

SO REGARDING THE AFFORDABLE HOUSING AGREEMENT ON THE COVENANTS, I KNOW YOU STATED CHRIS IN THE PRESENTATION THAT NORMALLY THE FOUR SALES 55 YEARS AND THE RENTAL IS 45, IS THAT CORRECT? RIGHT.

I MEAN, IT DEPENDS ON THE PROJECT OR WHAT MAKES THOSE NUMBERS, BECAUSE I KNOW IN THE ORDINANCE I'VE REFERENCED LIKE A STATE CODE OR SOMETHING LIKE THAT.

YEAH, THAT'S CORRECT.

THE, THE, THE YEARS ARE FROM STATE LAW.

THEY'RE NOT SOMETHING WE MADE UP.

UM, SO WHEN WE RESEARCHED THIS, WE ACTUALLY PULLED UP THE STATE CODES AND, AND, UM, APPLIED TO THEM TO THE ACTUAL DRAFT ORDINANCE.

SO THEN THE COVENANTS WOULD BE RECORDED ON THE PROPERTY.

SO IF LIKE ONE SELLS, THEN WHOEVER BUYS, IT IS AWARE THAT, HEY, THERE'S, YOU KNOW, IT HAS TO BE AN AFFORDABLE UNIT FOR THE X AMOUNT OF TIME.

THAT'S CORRECT.

OUR, UM, OUR HOUSING MANAGER, UM, MIRANDA, SHE ACTUALLY NEGOTIATES THAT.

AND SHE, UM, WHEN WE, LIKE I SAID, WE HAD A PROJECT RECENTLY AND SHE WORKED WITH THE DEVELOPER TO MAKE SURE THAT THAT WAS ADEQUATELY WORDED IN RECORDED PROPERLY BEFORE WE AM REALLY SEEING IT FOR, UH, FOR CFO.

OKAY.

OKAY.

THAT'S IT FOR QUESTIONS FOR ME FOR NOW.

OKAY.

THANK YOU, MR. PAUL, ANY QUESTIONS? NO QUESTIONS.

THANK YOU, COMMISSIONER.

BERNAY UM, CHRIS, I HAVE A QUESTION WE'RE TALKING ABOUT, LIKE IN LIEU OF, UH, PUTTING THE UNITS ASIDE, YOU, THEY PUT A PERCENTAGE, IS THERE LIKE A GENERAL PERCENTAGE THAT WE'RE GOING TO GO WITH? IS IT THE 15% OR, YOU KNOW, W WHAT ARE WE LOOKING AT THERE? SO THE, IN LIEU OF THE, UM, WE'VE IN THE PAST, WE, WE JUST USE A STANDARD CALCULATION OF $10,000 PER UNIT.

SO IF YOU HAVE A 58 UNIT PROJECT, AND THEN THE DEVELOPER WOULD PAY 55, AN $80,000 IN, IN THIS PROPOSED DRAFT, WHAT WE'RE PROPOSING IS THAT THE DEVELOPER HAS TO PROVIDE A ANALYSIS THAT SHOWS HOW MUCH IT ACTUALLY COSTS TO BUILDING UNIT.

SO $10,000 IS KIND OF LOW.

SO THEY'RE REQUIRED TO PROVIDE US ANALYSIS THAT IT COSTS X AMOUNT OF DOLLARS TO BUILD THAT UNIT.

AND THEN THEY WOULD HAVE TO PAY THAT UNIT TIMES THE AMOUNT OF UNITS THAT ARE REQUIRED.

AND SO IT'S, IT'S A LITTLE MORE LABOR INTENSIVE, BUT WE THINK THAT'S A FAIR WAY TO DO IT BECAUSE THE $10,000 PER UNIT, WE WERE KIND OF, UM, UNDERCUT OURSELVES, YOU KNOW, IT WAS SIMPLE, BUT IT DIDN'T GET THE MAXIMUM AMOUNT OF VALUE THAT WE COULD HAVE GOT BY FAR.

AND IF WE LOOK BACK AT THE PROJECT WE HAD IN SEPTEMBER, IT WAS ONLY GOING TO BE 2000, $298 PER UNIT.

AND THAT WAS DEFINITELY NOT, YOU KNOW, FAIR.

SO I WANT TO MAKE SURE THAT WE HAVE SOMETHING LIKE THAT IN THERE.

SO THERE'S A PRICE THAT WE'RE LOOKING AT AND THAT'D BE GREAT.

AND THEN THE OTHER QUESTION IS THE MONEY WILL DEFINITELY GO TO AFFORDABLE HOUSING.

IT CAN'T BE ALLOCATED TO ANYTHING ELSE AND GO JUST, JUST AFFORDABLE HOUSING.

THAT'S CORRECT.

SO WHEN WE TAKE INTO THE LEWITT FEES, IT'S ACTUALLY PUT IN ITS OWN SEPARATE ACCOUNT THAT THE HOUSING, UM, THE HOUSING MANAGER, UM, CONTROLS, AND IT'S NOT USED FOR ANYTHING ELSE.

AND WE, SO WE HAVE A, WE HAVE A, UM, UH, ACTUALLY NOT OLYMPIAN MOUNT IS, BUT WE DO HAVE, UM, AN ACCOUNT WITH THAT MONEY SET ASIDE.

AND

[00:30:01]

WHEN ON AN AFFORDABLE HOUSING DEVELOPER COMES TO TOWN, THEY WANT TO BUILD A PROJECT.

THEN WE LOOK TO SEE HOW WE CAN ASSIST THEM IF, IF, IF POSSIBLE, BUT YET IT'S NOT USED.

IT'S NOT PUT, IT'S NOT PUTTING THE GENERAL POINT.

IT'S, IT'S KIND OF STILL AN ACCOUNT AND IT'S, IT'S SAFE FOR THAT PERSON.

YEAH.

YEAH.

OKAY.

THAT GOES TO THE HOUSING AUTHORITY.

OKAY.

THAT'S WONDERFUL.

THAT'S EXACTLY WHAT I WANTED TO MAKE SURE I KNOW MUNOZ.

I THINK HE HAD SOME GREAT QUESTIONS.

I APPRECIATE THAT.

I'M GOOD.

OKAY.

THANK YOU, CHAIRMAN CHRIS, JUST A QUESTION REGARDING PREVIOUS PROJECTS THAT WE'VE HAD AND HOW THIS KIND OF PERTAINS TO THIS, UM, ON THE BREO PROJECT, IN YOUR REPORT, UM, IT REFERENCES LIKE THAT'S, I THINK, 91 UNITS, UM, AND THE 2.2 MILLION IN LOOFY FOR THAT PROJECT THAT COMES OUT TO LIKE $24,000 PER UNIT ON THAT PROJECT.

HOW DID WE ARRIVE AT THAT? SO, YOU KNOW, THIS IS IN 2005 AND EACH PROJECT IS NEGATE NEGOTIATED BASED ON WHATEVER IS, UM, I'M TRYING TO WORD THIS CORRECTLY.

EVERY PROJECT.

YEAH.

CHRIS, HANG ON CHRIS.

THIS IS, UH, ROY, UM, FOR THAT PARTICULAR PROJECT, THAT, THAT PRICE WAS BASED ON THEM ACTUALLY BUYING AN OLD APARTMENT BUILDING AND REHABBING AND MAKING ALL OF THOSE UNITS AVAILABLE FOR AFFORDABLE HOUSING.

SO THAT NUMBER WAS DERIVED FROM HOW MUCH IT COSTS TO BUY THAT COMPLEX AND THEN DO THE IMPROVEMENTS.

SO THEY ACTUALLY PROVIDED AFFORDABLE HOUSING UNITS.

ROY ARE ALL 91 OF THOSE UNITS, AFFORDABLE HOUSING.

NO, THEY PROVIDED THEM OFF SITE.

SO ON LAHABRA BOULEVARD, THERE'S A PLACE CALLED CASA NIKOLINA IT'S DOWN, UM, ON THE WEST END OF THE BOULEVARD.

AND THEY BOUGHT THAT APARTMENT COMPLEX AND REHABBED IT AND ALL OF THOSE UNITS, OR DID RESTRICTED AS AFFORDABLE UNITS.

I UNDERSTAND NOW.

OKAY.

YEAH.

AND WAS, IS IT SAFE TO ASSUME LIKE THE COST OF THAT WAS CLOSE TO THE 2.2 MILLION? I, I DON'T REMEMBER THE EXACT NUMBERS, BUT THAT'S WHERE THE, WHERE THE NUMBER DERIVED FROM.

AND THAT WAS A NUMBER OF YEARS AGO.

AND THAT'S ONE OF THE ADVANTAGES OF OUR CURRENT ORDINANCE, UM, THAT WE'RE PROPOSING TONIGHT BECAUSE IT GIVES THE DEVELOPERS OPTIONS THAT THEY CAN PROVIDE ONSITE.

THEY CAN PROVIDE DEAN LEWIS FEES OR, OR THEY CAN PROVIDE UNITS OFFSITE IN BY BUYING OTHER PROJECTS OR BUILDING OTHER PROJECTS WITH THAT MONEY.

SO THE INTENT WOULD, THIS ORDINANCE IS TO MAKE SURE THAT THE AFFORDABLE UNITS REALLY TRULY GET BUILT BECAUSE IN OUR PAST PRACTICES, THAT'S NOT BEEN THE CASE.

RIGHT.

RIGHT.

SO I LIKE THAT.

I THINK LIKE THE CREATIVE FLEXIBILITY THERE MAKES A LOT OF SENSE.

UM, THANKS FOR SHARING THAT.

ROY IS, UM, IS IT SAFE TO, UH, TO ASSUME THAT WHATEVER ANALYSIS, UH, FUTURE DEVELOPERS WILL BE DOING TO, UH, DETERMINE THEIR BUILD COST, BECAUSE THAT'S GOING TO BE AN IMPORTANT FACTOR INTO, UM, THESE NUMBERS? WHAT DOES THAT ANALYSIS USUALLY LOOK LIKE? AND THAT'S FOR ROY OR CHRIS OR ANYBODY? WELL, AGAIN, THIS IS, THIS IS A NEW TERRITORY, YOU KNOW, SO THEY'RE, OR THEY'RE GOING TO HAVE TO, UM, PRESENT SOMETHING TO US TO REVIEW, AND WE WILL, YOU KNOW, FACT CHECK IT AGAINST, UM, THEIR NUMBERS WITH OTHER, UM, FIRMS THAT, THAT COME UP WITH THOSE TYPES OF CALCULATIONS.

UM, UM, SIMILAR TO WHAT WE'VE DONE ON OTHER, ON OTHER PROJECTS.

SO WE, WE, WE'RE NOT JUST GOING TO TAKE WHATEVER THEY COME UP WITH AT FACE VALUE.

OF COURSE.

YEAH.

DO YOU THINK THERE IS SOME FIRMNESS IN THE ORDINANCE THAT WOULD PREVENT THE POSSIBILITY THAT WE COULD COME UP SHORT OF $10,000 PER UNIT AND THAT LOW NUMBER THAT CHRIS REFERENCED? WELL, THAT, THAT, THAT NUMBER GOES AWAY.

CAUSE THERE'S THERE'S $10,000 IS NOT A GOOD EVEN BE CLOSE.

I MEAN, THEY ACTUALLY HAVE TO COME UP WITH PROVIDING A UNIT.

SO IT'S A $500,000 UNIT IT'S, YOU KNOW, WHAT'S THE COST TO BUILD IT.

AND HOW MUCH DO THEY NEED TO SUBSIDIZE IT TO MAKE IT AFFORDABLE PER YEAR RIGHT NOW THAT NUMBER IS, OH, I'M SORRY.

I DON'T MEAN TO INTERRUPT.

I HAVE ONE MORE QUESTION WHEN YOU'RE DONE.

OKAY.

OKAY.

COME BACK HERE.

GO AHEAD, JASON.

I'M OKAY, GO

[00:35:01]

AHEAD.

YOU'RE DONE.

UM, SORRY, YOU MENTIONED THAT, YOU KNOW, THE UNITS WILL BE 500 OR WHATEVER THEY END UP BEING.

COULD THEY BE SMALLER? LIKE YOU MENTIONED ON THE OTHER PROJECT, CAN WE KEEP THAT FROM HAPPENING? BECAUSE YOU KNOW, IF WE'RE GOING TO DO AFFORDABLE HOUSING AND HOPEFULLY WE CAN KEEP IT AT THE SAME LEVEL AS THE OTHER HOMES LIKE, UH, MANNY WAS TALKING ABOUT, UM, YOU KNOW, WE, WE CAN LOOK AT THAT, BUT HOUSING COSTS AND UNIT SIZE OR, YOU KNOW, OR ARE PART OF THE MARKET AND IN SMALLER UNITS ARE GOING TO BE MORE AFFORDABLE THAN, THAN A BIG UNIT.

SO IT'S, YOU KNOW, IT'S UNLIKELY THAT, YOU KNOW, YOU'RE GOING TO GET A FOUR OR FIVE BEDROOM UNIT AT THE SAME PRICE.

SOMEBODY ELSE'S PAYING FOR A ONE OR TWO BEDROOM UNIT.

I MEAN, IT'S GOING TO BE PROPORTIONALLY BASED ON THE UNIT SIZES AS PART OF THAT, I'M JUST SAYING, YOU KNOW, THEY SAY THEY BUILD ALL THREE BEDROOM HOMES AND THEY DO ONE WITH ONE BEDROOM.

CAUSE THEY'RE GOING TO GET A BETTER DEAL FOR DOING A SMALLER, AFFORDABLE HOUSING IS WHAT I'M SAYING.

I GUESS IT DEPENDS ON WHAT LEVEL OF AFFORDABILITY THEY'RE MAKING THE UNIT AVAIL AVAILABLE AT, YOU KNOW, WHETHER IT BE THE LOWER, THE VERY LOWER OR MODERATE IT'S MOST, MOST LIKELY, UM, IN THESE SITUATIONS THEY'RE GOING TO BE GOING FOR THE MODERATE LEVEL.

IT'S VERY DIFFICULT TO GET, UM, DEVELOPERS TO BUILD THE LOW IN THE VERY LOW.

UM, WE'RE GOING TO BE ADDRESSING THAT IN THE HOUSING ELEMENT UPDATE.

THAT'S COMING UP HERE SOON.

UM, AND YOU KNOW, THOSE TYPES OF UNITS AND THOSE AFFORDABILITY LEVELS ARE TYPICALLY SOMETHING MORE LIKE, LIKE AN ADU WHERE IT'S A ONE BEDROOM UNIT OR A TWO BEDROOM UNIT, YOU KNOW, FOR THOSE AFFORDABILITY RATES.

DON'T GET, I SAID, YOU DON'T GET THE BIG GIANT HOUSE AT AFFORDABLE RATES.

OKAY.

I THINK, UM, COMMISSIONER BERNIER, THE, I DON'T, I'M NOT SURE IF YOU'RE FAMILIAR WITH THERE'S, UH, DEVELOPMENT, UM, ACROSS THE STREET FROM AAA AND JOANNE'S, IT'S ACTUALLY IN WHITTIER.

DO YOU KNOW WHERE I'M TALKING ABOUT? YEAH.

THERE'S A BIG CHUNK OF NOT A BIG CHUNK, BUT THERE'S A CHUNK OF THAT THAT IS DESIGNATED AFFORDABLE HOUSING AND THAT CORRECT.

ROY, MAYBE, YOU KNOW MORE ABOUT THIS, SO YOU CAN CORRECT ME IF I'M WRONG.

BUT MY UNDERSTANDING THERE IS, IT'S A PRETTY DIVERSE DEVELOPMENT.

I MEAN, THERE'S FOUR, THREE, TWO BEDROOM UNITS THERE.

YEAH.

AND, UM, I THINK DIFFERENT SIZE UNITS ARE EARMARKED, SO TO SPEAK AS AFFORDABLE HOUSING AND THEN THE EQUATION THAT THE CITY USES, UH, IS KIND OF PROPORTIONAL BASED ON THOSE SIZES.

I THINK ROY, THAT MIGHT BE WHAT YOU'RE WHAT YOU'RE SAYING.

YEAH.

I MEAN, THERE'S STILL GOING TO BE SOME NEGOTIATION BETWEEN THE DEVELOPER AND THE CITY WITH THIS ORDINANCE.

OKAY.

TRYING TO AVOID WHAT MICHELLE IS SAYING, I THINK IS LIKE, YOU KNOW, THIS FEELING OF THIS, RIGHT? YEAH, YEAH, YEAH.

DON'T GET A LOAN.

THAT'S NOT OUR, OUR DEBT IS ABSOLUTELY.

DIDN'T MAKE SURE THAT THAT DOESN'T HAPPEN.

THAT YEAH.

YOU GET THE, GET THE CLOSET OFF THE HALLWAY.

CAUSE THAT'S THE AFFORDABLE UNIT THAT IT HAS TO BE A REAL UNIT.

RIGHT.

THAT'S EXACTLY.

YEAH.

THAT'S EXACTLY MY POINT POINT TO MAKE ON THAT TOO.

BUT WHICH MIKE, WHICH ADDRESSES ALL THE STUFF THAT JASON AND MICHELLE ARE BOTH TALKING ABOUT.

BUT LET ME JUST ASK VERY QUICKLY, MAINLY I GUESS, FOR CHRIS OR FOR ROY, WHAT'S YOUR BEST GUESS IN TERMS OF THE REASON WHY THE OTHER 26 CITIES IN ORANGE COUNTY HAVE NOT ADOPTED AN ORDINANCE SIMILAR TO THIS AND THEIR QUEST TO INCREASE AFFORDABLE HOUSING? ANY, ANY IDEA? WELL, WHEN, WHEN AFFORDABLE HOUSING OR INCLUSIONARY ORDINANCES FIRST STARTED COMING ABOUT, UH, LAWSUITS WERE FILED, MY VARIOUS DIFFERENT DEVELOPERS SPENT A LOT OF TIME IN THE COURT BEFORE THE COURT RULED THAT THE CITY ABSOLUTELY HAS THE RIGHT TO ADOPT THESE TYPES OF ORDINANCES.

I THINK A LOT OF CITIES ARE PROBABLY STILL IN THE FORMULATION STAGE.

UM, WE'RE DOING IT BECAUSE WE SPECIFICALLY HAD A POLICY IN OUR, IN OUR HOUSING ELEMENT, INVESTIGATE IT.

AND WE, AND WE STARTED, UM, I THINK IT'S IN YOUR STAFF REPORT.

WE ACTUALLY STARTED THIS FOUR OR FIVE YEARS AGO AND THEN ENDED UP PUTTING IT ON HOLD, UM, AGAIN, TO SEE WHAT HAPPENED THROUGH THE COURT SYSTEM.

SO THIS, THIS ISN'T GOING TO HELP US A LOT IN THE HOUSING CYCLE WE'RE IN RIGHT NOW, BUT THIS IS CERTAINLY GOING TO HELP US IN THE NEXT HOUSING CYCLE COMING UP WHERE WE GOT TO GET THAT 800 UNITS.

OKAY, GOOD.

YEAH.

THAT'S RIGHT.

THAT MAKES SENSE.

NO, THANK YOU.

IS THIS, ARE WE VOTING ON A DRAFT? IT'S GOING TO BE BROUGHT BACK TO US OR ARE WE SIMPLY SENDING A DRAFT TO COUNCIL? YEAH.

WE'RE SENDING THIS TO COUNCIL AND CERTAINLY AGAIN, ANY, ANY AMENDMENTS OR CHANGES YOU'D LIKE TO SEE TO THE DRAFT, UM, LET US KNOW AND WE WILL MAKE THOSE CHANGES IF THAT'S THE COMMISSION'S DESIRE AND THEN FORWARD THAT VERSION OF THE DRAFT OF THE COUNCIL.

OKAY.

I JUST WANT TO, I'M JUST GONNA, WE'RE

[00:40:01]

GONNA COME BACK TO EVERYBODY BECAUSE WE'VE GOT A MICHELLE'S CONCERNS AND JASON'S CONCERNS.

I'M JUST GONNA THROW THIS OUT THERE.

UH, IN TERMS OF A WAY OF LOOKING AT THIS IN CONTEXT ONLY BECAUSE I, I WOULD DEFER TO EVERYBODY IF WE WANT TO CHANGE THE LANGUAGE, UH, OF THE DRAFT, BUT I THINK IT'S IMPORTANT FOR US ALSO TO REMEMBER THAT ISSUES LIKE THE SPECIFICITY OF THE LOCATION OF THESE AFFORDABLE HOUSING UNITS AND THE PRICE POINTS AND ALL THESE SORTS OF THINGS.

I WOULD JUST SAY, REMEMBER THAT THESE PROJECTS ARE GOING TO BE COMING TO THE PLANNING COMMISSION AND AT THAT POINT AND PLACE IN TIME, WE'RE GOING TO BE ABLE TO SAY, WELL, LOOK, LOOK HERE, WHERE ARE YOU PUTTING THESE UNITS? AND IF WE DON'T LIKE IT, YOU KNOW, IF THEY'RE APPLYING FOR THE CUP AND, AND ALL THIS SORT OF THING, WE CAN SAY AT THAT POINT, WHY YOU'RE CLUSTERING ALL THESE UNITS GENERALLY TO THE FAR WEST SIDE OF THIS BUILDING.

AND THEN WE CAN ALSO ASK IN A REQUEST OR, OR DEMAND THAT THEY MAKE CHANGES TO THAT.

AND LIKEWISE, ALL THESE OTHER THINGS I THINK, I MEAN, THE DRAFT GIVES US THE FRAMEWORK IS MY POINT, BUT WHEN THESE PROJECTS ACTUALLY COME BEFORE DELIBERATIVE BODIES LIKE US, AND THEN ULTIMATELY COUNCIL WILL HAVE ALL THE LIBERTY, WE NEED TO MAKE CHANGES AND TO REQUEST CHANGES AT THAT POINT.

AND FIRST OF ALL, ROY AND CHRIS, WOULD YOU SAY WHAT I'M SAYING IS CORRECT? YEAH, THAT'S CORRECT.

OKAY.

SO LET ME GO BACK TO COMMISSIONER MUNOZ.

UH, WHEN WE GET TO THAT POINT AFTER THE PUBLIC HEARING, UH, YOU CAN EITHER WITH WHAT I JUST SAID IN MIND, YOU CAN STILL GO AHEAD AND MAKE A MOTION TO AMEND THE LANGUAGE OF THE DRAFT.

THAT'S FINE.

UM, I'M JUST GOING TO GO REAL QUICKLY TO JUST SEE IF ANYBODY HAS ANY MORE COMMENTS WITH REGARD TO THAT.

SO FROM MANNY, I'LL GO TO, UH, COMMISSIONER POWELL WITH RESPECT TO THE, UH, YOUR, YOUR COMMENTS.

UH, MR. CHAIR, I WOULD AGREE.

I, THE DELIBERATIVE BODY IS, UH, IS A RECOMMENDING ONE.

THE COUNCIL ULTIMATELY IS GOING TO HAVE THE FINAL SAY IN THIS, BUT, UH, EVERY, EVERY PROJECT, UH, OVER MY YEARS, WE'VE ALWAYS HAD THAT OPTION AS YOU SUGGESTED TO, UH, TO MAKE RECOMMENDATIONS FOR ALTERATIONS OR MOVEMENT.

AND, UH, I WOULD AGREE WITH YOUR ASSESSMENT.

I WOULD THINK THAT THE, UH, UH, THAT THE, UH, RECOMMENDED, UH, UH, APPROVAL OF THIS ZONE CHANGES IS ADEQUATE AS STATED.

OKAY.

THANK YOU, MICHELLE.

WOULD YOU LIKE TO ADD ANYTHING? NO, I AGREE.

OKAY.

UH, VICE CHAIR, LET DADDY THING.

NO, THANK YOU.

ALL RIGHT.

LET'S OPEN THE PUBLIC HEARING.

SO IF ANYONE WILL WISH TO SPEAK IN FAVOR OF THE PROPOSED PROJECT, PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED AND RONICA ARE THERE TO EMAILS TO READ INTO THE RECORD, OR DO WE HAVE ANYBODY ON HOLD SPEAK IN FAVOR? WE DID NOT RECEIVE ANY EMAILS TO BE READ INTO THE RECORD, AND I DON'T SEE ANYONE WISHING TO ADDRESS THE COMMISSION AT THIS TIME.

OKAY.

THANK YOU.

IF ANYONE WISHES TO SPEAK IN OPPOSITION OF THE PROPOSED PROJECT, PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED.

AND AGAIN, THERE'S ANYBODY ON HOLD FOR THAT PURPOSE, VERONICA, NOT AT THIS TIME.

THANK YOU.

THEREFORE, WE WILL CLOSE THE PUBLIC HEARING AND NOW WE'LL GO BACK TO THE COMMISSIONERS TO DISCUSS WITH THE, UH, THE RESOLUTION OR THE DRAFT FURTHER AND OFFER ANY COMMENTS.

SO, UH, COMMISSIONER MUNOZ, IT'S UP TO YOU.

DO YOU WANT TO LET IT GO OR DO YOU WANT TO ADD SOME LANGUAGE? UM, NO.

I MEAN, I THINK YOU'D BRING UP A GOOD POINT.

I THINK.

I MEAN, ULTIMATELY WE'RE WE'RE AND JUST CORRECT ME IF I'M WRONG, ROY AND CHRIS ROWE IS GOING TO LOOK AT THEM, RIGHT? YEAH.

THERE'S NO INCIDENCES THAT THE PLANNING COMMISSION WOULD NOT LOOK AT A PROJECT.

I CAN'T SAY NEVER BECAUSE THE STATE LEGISLATURE PASSES NEW LAWS ALL THE TIME.

AND AS WE KNOW, THERE'S, IT'S ENTIRELY POSSIBLE THAT, YOU KNOW, THEY'RE GOING TO KEEP PASSING LEGISLATION THAT TIES OUR HANDS EVEN MORE.

SO I LEAVE IT AT THAT.

OKAY.

NO, I MEAN, YOU DO BRING UP A GOOD POINT, BUT, UM, UH, WITH THAT SAID, WHAT DO YOU GUYS THINK? MY ONLY RESERVATION IS JUST THAT I DON'T WANT TO CREATE ENCLAVES OF LIKE AFFORDABLE SECTIONS AND PROJECTS AND STUFF LIKE THAT.

AND IT MAY NOT BE, UH, IT'LL BE COUNTERPRODUCTIVE TO THE INCLUSIONARY ASPECT OF THE ORDINANCE ITSELF.

RIGHT? WELL, LET'S, LET'S HEAR WHAT THE OTHER THREE SAY, AND THEN I'LL, I'LL CHIME IN AS WELL.

AND THEN AT THAT POINT, WHOEVER WANTS TO MAKE A MOTION CAN MAKE THE MOTION IN, IN ANY WAY THEY WANT TO, UH, COMMISSIONER PAL.

UM, I, I DON'T, I DON'T THINK THAT THERE WOULD BE SEGREGATED, ISOLATED HOUSING.

ROY IS ABSOLUTELY CORRECT IN TERMS OF THE COST ANALYSIS OF BUILDING A PROJECT.

IT'S A DOLLARS AND CENTS ISSUE.

UH, AND, AND, AND THAT'S A FACTOR AND JASON BRINGS UP THE, THE, UH, THE ROW HOUSING THAT'S, UH, UH, DIRECTLY ACROSS FROM WHERE HE WORKS THERE ON WHITTIER BOULEVARD.

AND, UH, THOSE ARE BIFURCATED THROUGHOUT THE LOCATION.

SO I DON'T THINK THERE'S GOING TO BE A PROBLEM.

AND I DON'T THINK ANYTHING, UH, LOCAL CONTROL IS GOING TO TAKE EMINENT

[00:45:01]

EMINENCE OVER ANYTHING IN TERMS OF THE, UH, THE PLANNING OF PROJECTS.

I CAN'T SEE THE LEGISLATURE SAYING THAT YOU CAN'T HAVE, UH, ADVICE AND CONSENT ON A, ON A CUP FOR DEVELOPMENT IN YOUR OWN PROJECT, IN YOUR OWN COMMUNITY.

SO I WOULD THINK THAT, UH, THE ZONE CHANGE RECOMMENDATIONS ZONE CHANGE STANDS ON ITS OWN MERIT, AND, AND CERTAINLY IT CAN BE CRAFTED AGAIN, IT'S ONLY A RECOMMENDATION AND OUR COLLEAGUES ON THE COUNCIL WILL ULTIMATELY HAVE A FINAL SAY ON, THANK YOU, JERRY.

UH, I'M JUST GONNA, I'M GONNA, I'M GONNA DO MY DELIBERATIVE COMMENTS ONLY BECAUSE I'M GOING TO ECHO WHAT JERRY SAID AND JUST GET OUT OF THE WAY, BECAUSE I'M BASICALLY SECONDING EXACTLY JERRY'S APPROACH.

I DON'T SEE ANY POSSIBILITY, REALLY REASONABLY IN THE FUTURE WHERE THE PLANNING COMMISSION WOULD NOT BE ABLE TO REVIEW, UH, AND, AND HAVE IT COME BEFORE THEM A PROJECT OF THIS NATURE, ANY HOUSING PROJECT AT ALL CITY.

SO RATHER THAN POTENTIALLY HANDICAP A BUILDER TO A GREATER EXTENT, I WOULD SAY PROBABLY THE, THE DRAFT LANGUAGE REMAIN.

BUT AGAIN, I MEAN, THAT'S JUST WHERE I STAND RIGHT NOW.

UH, COMMISSIONER BERNAY I WOULD AGREE.

SO MANNY, I WOULD, UH, JUST KEEP YOUR EYES OPEN FOR THAT EARS FOR THAT.

WE CAN DEFINITELY MAKE SURE THAT TAKE A LOOK AT THAT WHEN IT COMES UP, BUT, BUT I AGREE.

OKAY, GOOD.

THANK YOU, MICHELLE.

VICE NATALIE.

YEAH, I WOULD, UH, I'D AGREE WITH THAT.

AND WITH YOUR PERMISSION, UH, I'M PREPARED TO MAKE A MOTION.

PLEASE DO.

THIS IS COMMISSIONER MANLEY.

I MAKE A MOTION RECOMMENDING THAT THE PLANNING COMMISSION ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVES ZONE CHAINING 20 DASH ZERO THREE, AMENDING TITLE 18 ZONING OF THE LAHABRA MUNICIPAL CODE BY ADDING CHAPTER 18.8 TO INCLUSIONARY HOUSING UNITS AS PER EXHIBIT A.

IS THERE A SECOND? THANK YOU, COMMISSIONER BERNAYS.

THAT WAS A MOTION BY COMMISSIONER MAN.

LIKE THE VICE CHAIR, MANLEY AND SECONDED BY COMMISSIONER BURGAN, PLEASE CALL ROLL.

THIS IS COMMISSIONER SECRETARY CARMEN CALLING ROLL COMMISSIONER MAMMY.

PARDON ME? VICE CHAIRMAN LEE.

YES.

COMMISSIONER BERNIER.

YES.

COMMISSIONER MUNOZ.

YES.

COMMISSIONER PELL.

YES.

SHARON AZARIAN.

YES.

MOTION PASSES.

THANK YOU.

CARLIN.

DO WE HAVE ANY ITEMS TONIGHT, ROY? SIR.

DO WE HAVE ANY FURTHER COMMENTS FROM STAFF? OKAY, THANK YOU.

COMMISSIONER OR COMMISSIONER COMMENTS, COMMISSIONER RENEE.

UM, I HAVE TO SAY I'M REALLY HAPPY WITH BOTH OF THESE PROJECTS.

I'M HAPPY ABOUT THE PARKING ON THE ROW THAT REALLY, REALLY HELPED ME FEEL BETTER ABOUT THAT AREA.

AND I'M REALLY GLAD WE DIDN'T HAVE TO APPROVE ANOTHER, UM, ABC.

THAT WAS ACTUALLY PRETTY COOL.

THAT'S WHAT I WAS EXPECTING.

SO THAT WAS COOL.

AND I'M REALLY HAPPY ABOUT THE, THE, THIS PROJECT THAT WE JUST APPROVED.

UH, THAT'S EVERYTHING I WAS LOOKING AT WITH THE PROJECT IN SEPTEMBER FOR WESTRIDGE AND ANY OTHER THINGS I'VE BEEN ASKING ABOUT AFFORDABLE HOUSING AND MULTI-FAMILY UNITS FOR A LONG TIME.

SO THIS REALLY MAKES ME HAPPY.

I APPRECIATE IT.

THANK YOU, CHRIS AND ROY, FOR ALL THE INFORMATION.

I APPRECIATE IT.

YOU'RE WELCOME.

THANK YOU.

WELL, NO COMMENTS.

THANK YOU, COMMISSIONER.

MUNOS UM, YEAH, JUST TO FOLLOW ON COMMISSIONER BERNIERIE, I'M JUST VERY EXCITED FOR THIS ORDINANCE.

UM, AND FOR THE UPCOMING HOUSING ELEMENT, I THINK IT'S GOING