Planning Commission

Action Minutes Planning Commission Regular Meeting Tuesday, May 14, 2024 at 7:00 p.m. Via Video/Teleconference Page 1 of 3 https://martinez.granicus.com/MediaPlayer.php?view_id=7&clip_id=1590&meta_id=124002* Full details are available via audio/video recording on our website. Microsoft Internet Explorer browser is recommended for video-viewing compatibility or enable Adobe Flash on your default browser. Commissioners on Video Conference City Staff on Video Conference Chair Sean Trambley Vice Chair Tracey Casella Commissioner Jonathan Bash Commissioner Joseph Evans Commissioner Susan Gustofson Commissioner Rochelle Johnson Commissioner Jason Martin Commissioner John Klopp (Alternate) Present Present Present Present Present Present Present Present Michael P. Cass, Planning Manager Brandon Northart, Associate Planner Dee Dee Fendley, Administrative Aide III Teresa Highsmith, City Attorney Call to Order Meeting called to order at 7:00 p.m. Public Comment (01:52 in video) None Consent Calendar (02:10 in video) 1. Approval of the April 9, 2024 Planning Commission Action Minutes Speakers: None Public Comment: None Closing Comments: None Motion to: Approve Motion by: Commissioner Martin Seconded By: Vice-Chair Casella Motion passed 7-0 Sean Trambley Aye Susan Gustofson Aye Tracey Casella Aye Rochelle Johnson Late Jonathan Bash Aye Jason Martin Aye Joseph Evans Aye John Klopp (Alternate) Aye Regular Items (02:53 in video) 2. Conduct a public hearing and adopt Resolution No. 24-03, recommending the City Council approve a Zoning Text Amendment to amend the Martinez Municipal Code (“MMC”) by 1) amending Chapter 22.04 (Definitions) to add definitions for “Concessions” and “Waivers” and 2) establishing new and amending existing regulations for California State Density Bonus Law

Planning Commission Action Minutes Tuesday, May 14, 2024 Page 2 of 3 (“SDBL”) by revoking Chapter 22.57 (Density Bonus) and adding Chapter 22.80 (Density Bonus). Speakers:  Brandon Northart, Associate Planner, gave a presentation outlining the project.  Planning Manager Michael P. Cass clarified the three non- substantive edits outlined in the presentation do not change the meaning of what was previously presented. The edits are intended to use exact language and reference the Government Code for clarification purposes only.  Vice-Chair Casella clarified that changes made to the presentation due to the public comment were only for clarification purposes. Public Comment: None Closing Comments:  Commissioner Gustofson asked how the City maintains the qualifications for the low- and very low-income and special needs housing. How does the City ensure the tenants in these properties continue to qualify for the special housing.  Vice-Chair Casella asked how the City determines the qualifications. She questioned if the parking requirements were based on the number of bedrooms.  Commissioner Johnson asked how converting legal language to layman’s terms affects future updates to the Municipal Code and how that would impact applicants. Motion to: Adopt Resolution No. 24-03, recommending the City Council approve a Zoning Text Amendment to amend the Martinez Municipal Code (“MMC”) by 1) amending Chapter 22.04 (Definitions) to add definitions for “Concessions” and “Waivers” and 2) establishing new and amending existing regulations for California State Density Bonus Law (“SDBL”) by revoking Chapter 22.57 (Density Bonus) and adding Chapter 22.80 (Density Bonus), including the three amendments staff included in the oral presentation. Motion by: Vice-Chair Casella Seconded By: Commissioner Martin Motion passed 7-0 Sean Trambley Aye Susan Gustofson Aye Tracey Casella Aye Rochelle Johnson Aye Jonathan Bash Aye Jason Martin Aye Joseph Evans Aye John Klopp (Alternate) N/A Commission Items (23:39 in video) Comments/ Updates None Planning Manager Items (23:44 in video)

Planning Commission Action Minutes Tuesday, May 14, 2024 Page 3 of 3 Comments/ Updates Planning Manager Cass provided the following updates:  The Zoning Ordinance Amendment presented at the previous Planning Commission meeting, including usues and conditional uses, industrial zoning incentives, temporary use permit regulations, and food truck regulations, was introduced by the City Council and is scheduled for a second reading tomorrow evening. If adopted, the new regulations will go into effect in 30 days.  City staff is working with the Department of Housing and Community Development (“HCD”) on our Housing Element and believe we are nearing certification. An update will be provided after certification is official.  The City has two larger policy initiatives in the works, including 1) development incentives and community benefit program, and 2) lot consolidation and project phasing incentives. The City Council will provide feedback on both items at upcoming study sessions in June. This will be followed by bringing draft regulations to the Planning Commission for consideration and feedback.  As a reminder, the City will suspend all Council and Commission meetings during the month of August. Communications (27:27 in video) Comments/ Updates None Adjournment (27:37 in video) Chair Trambley adjourned the meeting at 7:27 p.m. Sean Trambley, Chair Dee Dee Fendley, Administrative Aide III

>>> IT IS TUESDAY, MAY 14. 7:00 P.M. BRINGING THIS MEETING TO ORDER. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. >> 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. >> LET'S START WITH THE ROLLCALL. CAN YOU PLEASE CHECK ATTENDANCE? >> TRAMBLEY. >> PRESENT. >> CASELLA. >> PRESENT. >> BASH. EVANS. GUSTOFSON, JOHNSON. NOT YET. JASON MARTIN. >> PRESENT. >> KLOPP. >> PRESENT. >> THANK YOU MUCH, I WILL CONTINUE WITH THE CIVILITY STATEMENT. AS YOUR APPOINTED GOVERNING BOARD WILL WE WILL TREAT EACH OTHER IN THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THIS INCLUDES RESPECT FOR EVERYONE'S FIRST AMENDMENT RIGHT TO VOICE THEIR OPINION ON MATTERS WITHIN THE CITY'S SUBJECT MATTER JURISDICTION EVEN IF THAT OPINION IS DIFFERENT FROM OUR OWN. THE DECISIONS MADE TONIGHT WILL BE FOR THE BENEFIT OF THE MARTINEZ COMMUNITY AND NOT FOR PERSONAL GAIN. WE WILL NOW OPEN IT UP FOR PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA TONIGHT. WE HAVE NOBODY HERE IN PERSON, DO WE HAVE ANYONE ONLINE THAT WISHES TO SPEAK ON ITEMS NOT LISTED ON THE AGENDA? HE WOULD HAVE THREE MINUTES, PLEASE USE THE RAISED HAND FUTURE. >> THERE ARE NO HANDS RAISED. >> WE WILL CLOSE PUBLIC COMMENT, WE WILL MOVE TO THE CONSENT CALENDAR. ONE ITEM TO APPROVE THE PLANNING COMMISSION MEETING ACTION MINUTES DATED APRIL 9, 2024, DO I HEAR A MOTION? >> I WILL MOTION TO APPROVE THE PLANNING COMMISSION ACTION MINUTES FROM APRIL 9, 2024. >> [ INAUDIBLE ] >> MICROPHONE. >> SECOND. >> SEAN TRAMBLEY. >> AYE. >> TRACEY CASELLA. JONATHAN BASH. JOSEPH EVANS. SUSAN GUSTOFSON. JASON MARTIN AND JOHN KLOPP. MOTION PASSES. >> WE HAVE ONE ITEM ON THE REGULAR SCHEDULE TONIGHT TO CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION NUMBER 24-03, RECOMMENDING THE CITY COUNCIL. TONING TEXT AMENDMENT TO AMEND THE MARTINEZ MUNICIPAL CODE BY ONE AMENDING CHAPTER 22 .04 DEFINITIONS TO ADD DEFINITIONS FOR CONCESSIONS AND WAIVERS AND TWO, ESTABLISHING AND AMENDING EXISTING REGULAR FOR CALIFORNIA STATE DENSITY BONUS LAW BY REVOKING CHAPTER 22.57, THE DENSITY BONUS AND ADDING CHAPTER 22 POINT 80, DENSITY BONUS. I BELIEVE THERE IS A REPORT TONIGHT. >> THANK YOU, CHAIR SEAN TRAMBLEY AND MEMBERS OF THE PLANNING COMMISSION. I AM THE ASSOCIATE PLANNER HERE TO PRESENT THE UPDATED STATE DENSITY BONUS LAW REGULATIONS. REMOTE, IT DOES NOT SEEM TO WANT TO CLICK THROUGH. THERE WE GO, GREAT. SO, TONIGHT MY SCHEME RECOMMENDATION FROM STAFF IS TO CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION NUMBER 24-03 RECOMMENDING THE CITY COUNCIL APPROVED THE AMENDED ZONING TEXT AMENDMENT TO AMEND THE MARTINEZ UNICYCLE CODE BY ONE AMENDING 2.04 DEFINITIONS TO ADD DEFINITIONS FOR CONCESSIONS AND WAIVERS, AND TWO, ESTABLISHING AND AMENDING EXISTING REGULATIONS FOR CALIFORNIA STATE DENSITY BONUS LAW BY REVOKING CHAPTER 22.57 , DENSITY BONUS COMMAND ADDING CHAPTER 22.8, DENSITY BONUS. 22.80. >> SOME VERY QUICK BACK IN THE STATE DENSITY BONUS LAW, THAT ACRONYM WAS ADOPTED ORIGINALLY IN 1976 AND HAS UNDERGONE SEVERAL ITERATIONS AND REVAMPS SINCE THEN. THE CURRENT LAW BASICALLY IN SUMMARY REQUIRES THAT LOCAL AGENCIES ALLOW INCREASED DENSITY AND REDUCE DEVELOPMENT STANDARDS BASED ON A PROJECT'S PROPOSED AFFORDABLE HOUSING UNITS. SO THAT NUMBER WILL RANGE, I WILL GET INTO THAT ON MY NEXT SLIDE, BUT THE LAW OVER TIME HAS CHANGED VASTLY. ONE OF THE BIG THINGS IN MOST RECENT YEARS IS THE EXPANSION TO INCLUDE ADDITIONAL HOUSING NEEDS FOR A WIDER RANGE OF POPULATIONS, SO NOT JUST AFFORDABLE HOUSING BUT HOUSING FOR PEOPLE WITH SPECIALIZED NEEDS INCLUDING SENIORS, STUDENTS, FOSTER YOUTH, FORMERLY HOMELESS PERSONS AND DISABLED VETERANS. A LITTLE MORE BACKGROUND, THE DENSITY BONUS IS A SLIDING SCALE DEPENDING ON THE LEVEL OF OF HER ABILITY THAT THE UNITS ARE AND THE AMOUNT. THAT RANGE IS ANYWHERE FROM 5 TO 50% DENSITY BONUS. THERE ARE INCENTIVES AND CONCESSIONS , SO THOSE ARE MODIFICATIONS TO CITY REGULATORY OR DEVELOPING STANDARDS THAT RESULT IN ACTUAL AND IDENTIFIABLE COST REDUCTIONS TO PROVIDE FOR AFFORDABLE HOUSING. INDUCTIONS IN WAIVERS ARE VERY SIMILAR BUT HAVE A DIFFERENT THRESHOLD. THEY ARE MODIFICATIONS TO THE CITY DEVELOPMENT STANDARDS, BUT THESE ARE THOSE THAT WOULD PHYSICALLY PREVENT THE CONSTRUCTION OF A HOUSING DEVELOPMENT AT THE DENSITY PROPOSED WITH THE BONUS AND ANY CONCESSIONS. LASTLY, DENSITY BONUS PROJECTS ARE ENTITLED TO A SEPARATE PARKING RATIO . THIS IS AN INDEPENDENT REQUIREMENT AND THIS IS ASSOCIATED WITH WHATEVER THE NUMBER OF BEDROOMS PER UNIT IS AND THIS IS A LOWER RATIO THAN COMPARED TO THE CITY , FOR CONTEXT. AGAIN, JUST OUR LAST BACKGROUND HERE , THE UPDATE TO THE STATE DENSITY BONUS LAW IS IN TWO PLACES FOR THE PLANNING DIVISION, ONE IS IN THE HOUSING ELEMENT, PROGRAM 15 AXIS II OPPORTUNITY, DENSITY BONUS IN INCENTIVES AND THEN TASK 16 OF THE PLANNING DIVISION WORKPLAN, ESSENTIALLY THE --THERE ARE TWO OBJECTIVES FOR THAT. THE FIRST IS TO UPDATE AND GET IT IN COMPLIANCE WITH RECENT UPDATE SINCE OURS HAS NOT BEEN UPDATED SINCE ABOUT 2014, AND THE OTHER WAS TO ADD AN ADDITIONAL INCENTIVE FOR PROJECTS WHICH PROVIDE HOUSING FOR SPECIAL NEEDS POPULATIONS. SO WHAT EXACTLY IS IN FRONT OF YOU THAT YOU ARE LOOKING TO RECOMMEND ? SO THE FIRST THING IS, AGAIN, WE ARE DOING A LITTLE BIT OF REORGANIZATION OF THE ZONING ORDINANCE AND PLANNING DIVISION, SO WE ARE KIND OF RE-CATEGORIZING THIS FROM CHAPTER 22.57, 222.80. IT ALSO CONTAINS ADDITIONAL CLARIFICATIONS RELATED TO PHYSICAL CONSTRAINTS AND PARKING REDUCTIONS ALLOWED BY THE STATE DENSITY BONUS LAW. IT STIPULATES WHAT CAN CONSTITUTE AS AN INCENTIVE IN CONCESSION AND WE ARE VERY PRESCRIPTIVE ABOUT THAT INCLUDING LAW COVERAGE, DENSITY SETBACKS, THINGS OF THAT NATURE. IT OUTLINES AVOCATION REQUIREMENTS, SO EXECUTIVE WOULD AN APPLICANT WILL NEED TO KNOW AND SUBMIT WHEN THEY SUBMIT A CITY BONUS APPLICATION. IT SPECIFIES THE APPROVAL PROCESS FOR PROJECTS AND ACKNOWLEDGES THAT FUTURE STATE LAW AND AMENDMENTS MAY OCCUR. SECOND, ELABORATING, SO THE UPDATES WILL ALSO REQUIRE APPLICANTS TO UTILIZE THEIR SOME --CONCESSIONS PRIOR TO THEIR UTILIZATION OF WAIVERS. THIS IS A RECOMMENDATION FROM STAFF AS FINDING FOR CONCESSIONS ARE EASIER TO MAKE COMPARED TO WAIVERS AND ADDED DEFINITIONS TO CONCESSIONS AND WAIVERS, THEY ARE NOT THERE CURRENTLY. WE THINK IT WOULD JUST BE GREAT TO HAVE THOSE TO REDUCE ANY POTENTIAL CONFUSION. LASTLY, WE ARE INCLUDING AN ADDITIONAL DENSITY BONUS INCENTIVE IS REQUIRED BY THE HOUSING ELEMENT IN THE PLANNING DIVISION PROGRAM. IT WOULD AGAIN ADD AN ADDITIONAL INCENTIVE OR CONCESSION FOR PROJECTS WHICH EXCLUSIVELY WOULD PROVIDE VERY LOW, LOW AND MODERATE INCOME HOUSING FOR SPECIAL NEEDS POPULATIONS LIKE I HAD MENTIONED. SO, SINCE YOU HAVE SEEN THE STAFF REPORT, WE HAVE RECEIVED A COMMENT. AND WE ARE --WE NEED TO MAKE A COUPLE OF CLARIFICATIONS JUST FROM STAFF'S POINT OF VIEW AND TO REFLECT SOME OF THE RECOMMENDATIONS FROM THE COMMENTS WE RECEIVED. SO ONE ADDITIONAL CONTEXT I WANT TO ADD TO THE PREVIOUS SLIDES WAS THAT A LOT OF THE INFORMATION THAT HAS BEEN PROVIDED TO US IN YOUR UPDATE IS ACTUALLY REFLECTIVE OF A TEMPLATE . A MODEL ORDINANCE THAT THE CITY RECEIVED FROM THE CONTRA COSTA COLLABORATIVE GROUP WHICH IS A SPONSORED COLLABORATIVE FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS AND IT IS THERE TEMPLATE. SO WE USE A LOT OF THEIR TEMPLATE, SO WE HAVE MADE A COUPLE OF EDITS SINCE THE LAST TIME YOU HAVE SEEN IT. THESE ARE THEM, SO THERE WILL BE THREE OF THEM IN TOTAL. THE FIRST ONE IS TO 22.8 0.030 C, IT BASICALLY CLARIFIES , LIKE I HAD MENTIONED, THAT ADDITIONAL CONSENT OF INCENTIVE IS REFLECTIVE OF PROJECTS WHICH EXCLUSIVELY INCLUDE SPECIAL NEEDS POPULATIONS, NOT JUST INCLUDING POTENTIALLY ONE OF THOSE UNITS AND GETTING YOUR INCENTIVE OR CONCESSION. SO THAT IS A CLARIFICATION HERE AS WELL AS ADDING EXTREMELY LOW TO THAT CATEGORY. THE OTHER ONE IS RELATED TO THE REQUIREMENTS FOR A POTENTIAL PROJECT, SO WE CLARIFIED IN HERE WHAT KIND OF STUDY WOULD BE REQUIRED IF POTENTIALLY NEEDED FOR FINDING FINDING OF A CONCESSION OR WEATHER. OFFICIALLY, IT ALLOWS THE CITY TO INCLUDE A REQUIREMENT FOR SOME SUBSTANTIATION, IF A PRIVATE --PROJECT COMES FORWARD AND THEY SAY WE WANT THIS CONCESSION AND WE NEED BURDEN OF PROOF TO DEMONSTRATE WHY THAT CONCESSION WOULD BE APPLICABLE OR NEEDED IN THIS SCENARIO. THAT IS WHAT WE ARE DOING HERE. LASTLY, THE OTHER ADDITIONAL EDITS THAT WE HAVE, WE HAD AGAIN, SOME LANGUAGE FROM THE MODEL ORDINANCE WHICH WE DECIDED TO STRIKE AND REPLACE WITH THE ACTUAL USED LANGUAGE IN THE STATE DENSITY BONUS LAW. HOPEFULLY WE WERE TRYING TO MAKE A CLARIFICATION ABOUT IT, WE JUST ENDED UP GOING WITH THE STATE LAW RULES AND WORDING. SO I CAN, TONIGHT'S RECOMMENDATION IS TO CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION NUMBER 24-03, RECOMMENDING THE CITY COUNCIL APPROVED THE AMENDED ZONING TEXT AMENDMENT TO AMEND THE MARTINEZ MUNICIPAL CODE BY ONE AMENDING CHAPTER 22.04 DEFINITIONS TO ADD DEFINITIONS FOR CONCESSIONS AND WAIVERS AND TWO, ESTABLISHING NEW AND AMENDED EXISTING REGULATIONS FOR CALIFORNIA STATE DENSITY BONUS LAW BY REVOKING CHAPTER 22.57 DENSITY BONUS AND ADDING CHAPTER 22.80 DENSITY BONUS. SO, THAT IS IT FROM STAFF. I WANTED TO MENTION, WE HAVE RECEIVED ONE PUBLIC COMMENT THAT YOU HAVE ALL SEEN AS WELL. >> THANK YOU VERY MUCH, BRANDON PIERRICK ONCE AGAIN, GOING THROUGH A LOT OF WORK TO UPDATE CITY CODE AND GETTING US UP TO PAR. GLAD YOU GUYS TOOK IT UPON YOURSELVES TO ADVANCE THIS AND GET US IN LINE WITH WHERE THE CITY NEEDS TO BE WITH THE STATE. MICHAEL, DO YOU HAVE ADDITIONAL COMMENTARY? >> I WANT TO MAKE ONE CLARIFICATION WITH HIS PRESENTATION. SO, THE THREE EDITS THAT STAFF PRESENTED TO YOU THIS EVENING DO NOT CHANGE THE MEANING OF WHAT WAS PREVIOUSLY PRESENTED. IT MERELY IS TO, AS BRANDON INDICATED, TO USE EXACT LANGUAGE AND TO REFERENCE GOVERNMENT CODE FOR CLARIFICATION PURPOSES ONLY BUT MEANINGS WERE NOT CHANGED WITH THE CHANGES THAT WERE PRESENTED TO YOU THIS EVENING. >> GREAT, VERY STRAIGHTFORWARD. SIMPLE AND ALL IN FAVOR OF EASY TO UNDERSTAND AND EFFECTIVE REGULATORY WORK. THANK YOU. I WILL TURN IT OVER TO THE DESK. DOES ANYBODY HAVE QUESTIONS FOR STAFF? >> SO, YOU SAID BASED ON THAT PUBLIC COMMENT , YOU MADE CHANGES. BUT YOU DID NOT ACTUALLY MAKE CHANGES, CHANGES. YOU JUST MADE IT MORE CLEAR ? IS THAT HOW YOU COULD SAY? >> PRECISELY, WE ESSENTIALLY TOOK LANGUAGE THAT WAS MAYBE MADE TO BE A LITTLE BIT MORE --A LITTLE BIT MORE IN LAYMAN'S TERMS. BUT IN ESSENCE OF TRY TO KEEP THINGS CONSISTENT WITH THE STATE LAW WE HAVE JUST CHANGE THAT LANGUAGE. ANY OTHER QUESTIONS? >> JUST TO PUT IT ON THE RECORD, I WANT TO MAKE SURE YOU ARE AWARE WE ARE ACTUALLY JOINED THIS EVENING VIRTUALLY BY BOTH OUR COMMUNITY AND ECONOMIC DEVELOPMENTS DIRECTOR AS WELL AS BY OUR CITY ATTORNEY. >> THANK YOU FOR JOINING US TONIGHT. >> NO FURTHER QUESTIONS? I WILL OPEN IT UP FOR PUBLIC COMMENT. NOBODY HERE IN THE AUDIENCE, DO WE HAVE ANYONE ON THE INTERNET THAT WOULD WISH TO PROVIDE COMMENT ? HE WILL HAVE THREE MINUTES, PLEASE USE THE RAYS HAND FEATURE. >> THERE ARE NO HANDS RAISED. >> WE WILL CLOSE PUBLIC COMMENT AND BRING IT BACK TO THE DAY IS FOR DISCUSSION, IF THERE IS NO FURTHER DISCUSSION, WE CAN HAVE A MOTION BUT AS I MENTIONED EARLIER IT SEEMS PRETTY STRAIGHTFORWARD. IF FOLKS HAVE ANY CLARIFYING STATEMENTS ARE OTHER COMMENTARY, NOW IS THE TIME. >> I BROUGHT UP A QUESTION, IT DOES NOT DIRECTLY, BUT INDIRECTLY RELATE TO THIS AND I THINK NOW IS AN APPROPRIATE TIME TO DISCUSS IT, TO PUT IT IN EVERYBODY'S MIND. SO WE HAVE NOW, A LOT OF SPECIAL CONCESSIONS FOR ULTRA LOW INCOME, SPECIAL-NEEDS HOUSING AND THE QUESTION WAS , BECAUSE IT IS A REQUIREMENT, THE QUESTION IS, HOW DOES THE CITY MAINTAIN THE QUALIFICATIONS FOR THOSE LOW, ULTRALOW INCOME AND SPECIAL NEEDS HOUSING? HOW DO WE ENSURE THAT PEOPLE THAT ARE HOUSED IN THEM ARE STILL QUALIFIED TO BE HOUSED IN THEM? >> THAT IS A GREAT QUESTION. NUMBER ONE IS ALL OF THESE AFFORDABLE UNITS WOULD BE DE-RESTRICTED, WHICH MEANS ANY RESTRICTIONS PLACED ON IN, IS PLACED WITH THE LAND. SO FOR WHATEVER THE AGREEMENT TERM IS, USUALLY 55 YEARS , SO THAT WOULD RUN WITH THE DEED OF THE LAND, AND THE SECOND PART OF THAT IS STAFF WOULD BE RESPONSIBLE FOR VERIFICATION OF INCOME AND MAINTENANCE AND STATUS OF CURRENT HOUSING --AFFORDABLE HOUSING PROJECTS. SO THAT WOULD RELY ON STAFF AND THERE ARE SOME CITIES THAT ALSO CONTRACT WITH THE COUNTY AS WELL, THAT HAVE THE COUNTY MAINTAIN THIS KIND OF RECORDS AS WELL. AND VERIFICATION. >> THANK YOU, THE REASON I BROUGHT THAT UP IS BECAUSE PERIODICALLY PEOPLE ASK ME THAT QUESTION AND I WOULD LIKE TO HAVE --BE ABLE TO HAVE THAT ADEQUATE RESPONSE BECAUSE I KNOW THAT SOMETIMES THERE IS SOME PUSHBACK IN THESE AREAS AND THEY WANT TO MAKE SURE THAT IF WE HAVE THESE SPECIAL CONCESSIONS, THAT WE RETAIN THESE SPECIAL CONCESSIONS, SPECIFICALLY FOR PEOPLE WITH SPECIAL NEEDS. THANK YOU. >> AND I ASKED, WHAT DO YOU USE TO DETERMINE? BECAUSE I KNOW I AM IN REAL ESTATE AND RECENTLY THERE WAS ONE PERSON TRYING TO SELL A LOW INCOME WHO NO LONGER FIT THE CRITERIA. AND, WAS KIND OF HIDING THAT HE DID NOT FIT THE CRITERIA. SO I DON'T KNOW --I WOULD LIKE TO KNOW WHAT --HOW YOU , OVER TIME, DETERMINE THAT. >> YOU WANT TO TAKE THAT ONE? >> MAYBE BEFORE THAT , TERRI HIGHSMITH HAD SOMETHING TO SAY TOO. >> I WAS GOING TO TRY TO ANSWER THAT QUESTION FOR YOU. IF IT IS A FOR-SALE UNIT, THEN THE AFFORDABILITY COVENANT GETS RECORDED FIRST IN PLACE . AND THEN LATER, IF THE PERSON WHO OWNS THE PROPERTY SUBJECT TO THAT AFFORDABILITY COVENANT WANTS TO SELL IT, THEY CAN EITHER GO THROUGH THE CITY TO FIND A LIST OF PEOPLE WHO WOULD BE INCOME QUALIFIED OR THE CITY CAN HIRE SOMEONE TO DO THAT OR THAT CAN BE THE REQUIREMENT OF THE ORIGINAL DEVELOPER, BUT WHAT WE WOULD DO THEN IS RE-RECORD THE COVENANT AGAIN , WITH THE SALE OF THE PROPERTY. ONCE IT HAS BEEN VERIFIED, BECAUSE AS YOU KNOW, IF YOU ARE IN REAL ESTATE, THE BANK IS NOT GOING -- A NEW BANK IS NOT GOING TO SUBORDINATE TO AN EXISTING AFFORDABLE OF THE COVENANT, SO WE WOULD JUST RERECORD IT EACH TIME THE PROPERTY IS SOLD. IF IT IS A RENTAL PROPERTY, THEN THERE DOES HAVE TO BE SOME MANAGEMENT IN PLACE TO MAKE SURE YOU'RE DOING AN ANNUAL REVIEW , THAT IT IS AN INCOME ELIGIBLE PERSON WHO IS THERE. AND AGAIN, AFFORDABILITY COVENANTS REQUIRING THIS WILL BE RECORDED AGAINST THE PROPERTY. >> AND WHAT I WILL ADD, PARTICULARLY IN THE RENTAL SPACE, MOST OF , THE COUPLE OF DEVELOPMENTS THAT WE HAVE IN MARTINEZ THAT ARE SUBJECT TO THESE PROVISIONS ARE LARGER DEVELOPMENTS THAT DO HAVE MANAGEMENT COMPANIES THAT ARE VERY FAMILIAR WITH THE INCOME VERIFICATION PROCESS, AND SO IT IS A PARTNERSHIP BETWEEN THE CITY AND THE MANAGEMENT COMPANY WITH ENSURING THAT WE GET THE APPROPRIATE DOCUMENTATION , RATHER THAN THE CITY HAVING TO DIRECTLY OUTREACH WITH EACH RENTER. >> ANY ADDITIONAL QUESTIONS ? COMMENTARY? >> I HAVE A QUESTION, THE PARKING , USE THAT ORIGINALLY WAS CHANGED TO BE BASED ON BEDROOMS, CORRECT? WHAT WAS IT BEFORE? >> I ACTUALLY DON'T KNOW WHAT IT HAS BEEN IN THE PAST OR IF THERE WAS EVEN A PARKING REQUIREMENT. I JUST KNOW THAT WHAT IT CURRENTLY IS BASED ON IS BASED ON BEDROOM COUNT, YEAH. >> REAL QUICK QUESTION, AND MAYBE JUST A LITTLE BIT OF DIALOGUE. I WAS LISTENING TO SOMETHING WHERE THEY WERE LOOKING AT CONVERTING TO A LOT OF OUR LEGAL LANGUAGE TO LAYMAN'S TERMS , AND IF SO HOW DOES THAT FIT WITH US MOVING AWAY FROM LAYMAN'S TERMS , MORE TO LEGALESE THAT CAN BE LESS ACCESSIBLE? >> YEAH, THAT IS A GREAT QUESTION. I THINK IT IS ALWAYS A FINE BALANCE OF TRYING TO GO BETWEEN THE TWO. HOPEFULLY WE HAVE WRITTEN THE ORDINANCE IN A WAY THAT , WHERE WE HAVE TO GET INTO THAT LEGALESE, IS MORE SO AS A REFERENCE TO MAKE SURE THAT FUTURE UPDATES AREN'T NEEDED NECESSARILY TO THE CODE WHERE WE CAN SAY BASICALLY RATHER THAN PUT THE ENTIRE DENSITY BONUS TABLE INTO OUR CODE, WE SAY REFERENCE SECTION OF THE CODE THAT ESSENTIALLY POINTS TO THAT. BECAUSE THAT TABLE IS GOING TO CHANGE. SO HOPEFULLY WE ARE STRIKING THAT BALANCE. >> WHAT I WOULD ADD TO THAT IS DENSITY BONUS IS A LITTLE BIT UNIQUE COMPARED TO OTHER DEVELOPMENT REGULATIONS AND IT REALLY IS INTENDED FOR TYPICALLY SLIGHTLY LARGER PROJECTS THAT ARE GOING TO HAVE A MORE EXPERIENCED DEVELOPER GOING TO THE PROCESS. SO IT IS RARE THAT IT IS GOING TO BE A MOM AND POP INDIVIDUAL WHO AREN'T AS EXPERIENCED TO IT BE USING THIS TYPE OF REGULATION. THERE IS NOT QUITE THE SAME CONCERN THAT WE WOULD HAVE IN OTHER SECTIONS OF THE CODE. WOULD I WOULD ALSO WANT TO MAKE SURE THAT WE PUT OUT THERE, WHICH I THINK IS IMPORTANT TO NOTE, ANOTHER PROJECT THAT HE IS WORKING ON WHICH WILL BE BROUGHT BACK TO YOU VERY SOON, IS THE DEVELOPMENT OF A DEVELOPMENT INCENTIVE AND COMMUNITY BENEFIT PROGRAM WHICH WILL BE A ALTERNATIVE PROGRAM TO DENSITY BONUS REGULATIONS , WHICH REALLY IS GOING TO BE MORE GEARED TOWARD INDIVIDUALS THAT ARE LOOKING FOR ALTERNATIVE WAYS TO BETTER THE COMMUNITY BUT STILL GET SOME BENEFIT AS PART OF THEIR PROJECT. AND THAT WILL PROBABLY BE WORDED IN A WAY THAT IS A LITTLE BIT MORE ACCESSIBLE ON THIS BECAUSE THIS IS SPECIFICALLY HAS SOME CHALLENGES WITH HAVING TO BE VERY CLEAR WITH WHAT GOVERNMENT CODE REGULATIONS SPECIFY. >> I AM ALWAYS IN FAVOR OF PUTTING PEOPLE IN POSITION WHERE THEY CAN FOLLOW THE LANGUAGE FROM ONE MUNICIPALITY TO ANOTHER. SO IT IS NOT THAT I AM GOING KNOW, WHY ARE WE MOVING AWAY? BUT MARK, JUST HOW DOES THAT FIT FOR FUTURE PURPOSES? THANK YOU. >> THAT IS GREAT CONTEXT. THANK YOU , ROCHELLE JOHNSON. ANYTHING ELSE? ONCE AGAIN, THANK YOU, STAFF. BRINGING US MORE IN LINE AND STREAMLINING OUR CODE. WITH THAT, I THINK WE ARE READY FOR A MOTION. >> [ INAUDIBLE ] >> 048. >> I MAKE A MOTION THAT WE, WELL, WE HAVE CONDUCTED A PUBLIC HEARING, RIGHT? AND ADOPT RESOLUTION 24-03 , RECOMMENDING TO THE CITY COUNCIL THAT THEY APPROVE A ZONING TEXT AMENDMENT TO AMEND THE GENERAL MUNICIPAL CODE BY ONE, AMENDING CHAPTER 22.04 DEFINITIONS TO ADD DEFINITIONS FOR CONCESSIONS AND WAIVERS AND TWO, ESTABLISHING NEW AND AMENDING EXISTING REGULATIONS FOR CALIFORNIA STATE DENSITY BONUS LAW. BY REVOKING CHAPTER 22.57 DENSITY BONUS AND ADDING CHAPTER 22-80 , DENSITY BONUS. >> I WILL SECOND. >> THANK YOU BOTH. LET'S RECORD THE VOTE. >> BEFORE VOTING, CAN I ASK FOR A CLARIFICATION? >> YES. >> DID YOUR MOTION INCLUDE THE THREE AMENDMENTS THAT STAFF PRESENTED THIS EVENING AS PART OF THE ORAL PRESENTATION? >> YES, IT INCLUDES THOSE AMENDMENTS. DO I NEED TO STATE THEM? >> I WILL SECOND AS AMENDED. >> IT IS FINE REFERENCING THE THREE THAT STAFF PRESENTED. >> NOW WE CAN RECORD THE VOTE. >> TRACEY CASELLA. SEAN TRAMBLEY. JONATHAN BASH. JOSEPH EVANS. SUSAN GUSTOFSON. ROCHELLE JOHNSON. JASON MARTIN. >> AYE. >> MOTION PASSES . >> THANK YOU VERY MUCH, WITH THAT WE WILL MOVE ON TO COMMISSION ITEMS. NOT HEARING ANY , PLANNING MANAGER UPDATES. MICHAEL, YOU ARE ON. >> I HAVE ONLY A FEW UPDATES FOR YOU THIS EVENING COMPARED TO WHAT WE HAVE HAD IN THE PAST. SO, FIRST AND FOREMOST, THE VERY LARGE ZONING ORDINANCE AMENDMENT THAT MR. GORDON PRESENTED TO YOU AT THE LAST MEETING WHERE WE MET, IT WAS INTRODUCED BY THE CITY COUNCIL AND THE SECOND READING IS SCHEDULED FOR TOMORROW EVENING, AND THEN WE WILL GO INTO EFFECT IN 30 DAYS ASSUMING IT IS ADOPTED AT AROUND EIGHT PENSKE MEETING. AND FOR YOUR RECOLLECTION, THAT INCLUDES AMONGST OTHER THINGS, UPDATES TO USES, FOR TRUCK REGULATIONS, TEMPORARY USES, INDUSTRIAL ZONING, DISTRICT INCENTIVES, CLEANUP TO SOME REGULATIONS AMONGST SOME OTHER ITEMS. SECONDLY, AS STAFF HAS PRESENTED SOME INFORMATION TO YOU VIA EMAIL AS WELL AS SHARED WITH MEMBERS OF THE PUBLIC VIA EMAIL, WE HAVE BEEN WORKING WITH HCD ON OUR HOUSING ELEMENT IN BELIEVE WE ARE VERY CLOSE TO CERTIFICATION, AND WILL PROVIDE AN UPDATE ONCE THAT IS RECEIVED. THAT WE ARE ANTICIPATING THAT WILL HAPPEN IN THE VERY NEAR FUTURE. AND FINALLY, JUST WANTED TO MAKE SURE THAT YOU ARE AWARE THAT WE HAVE TWO LARGER POLICY INITIATIVES THAT THE CITY IS WORKING ON, THAT WE WILL BE GETTING SOME FEEDBACK FIRST FROM THE CITY COUNCIL AT A STUDY SESSION AND THEN WE WILL BE BRINGING DRAFT REGULATIONS TO THE PLANNING COMMISSION FOR YOUR CONSIDERATION AND FEEDBACK. THOSE INCLUDE FIRST, WHICH I MENTIONED DURING THE LAST ITEM , THE DEVELOPMENT INCENTIVES AND COMMUNITY BENEFIT PROGRAM THAT MR. NORTH END IS WORKING ON THAT WE ARE VERY EXCITED ABOUT, AND SECONDARILY, WORKING ON SOME INCENTIVES FOR LOT CONSOLIDATION AND PHASING OF PROJECTS, WHICH WE WILL BE BRINGING FORWARD AS WELL. AND THEN FINALLY, JUST WANT TO PUT IT OUT THERE AS A REMINDER, WE WILL NOT BE MEETING IN AUGUST, SO PLEASE , ENCOURAGE YOU TO PLAN VACATIONS AROUND THAT SCHEDULE, BECAUSE WE WILL NOT BE MEETING DURING THAT TIME. WE WILL BE MEETING LIKELY A COUPLE OF TIMES BEFORE THEN BUT WE WILL NOT BE MEETING IN THE MONTH OF AUGUST THAT YOU CAN PLAN TO TAKE THAT TIME OFF. THAT IS ALL I HAVE FOR THIS EVENING. >> OTHER MUNICIPALITIES AROUND HERE, DO YOU HAVE ANY CLUE OF THEIR HOUSING ELEMENT AND HOW THEY ARE DOING WITH THAT? I JUST AM CURIOUS . >> THERE ARE STILL FIVE OR SIX OR SOME AUDIT JURISDICTIONS IN CONTRA COSTA COUNTY THAT ARE NOT CERTIFIED AT THIS POINT. I BELIEVE OF THOSE THAT ARE NOT CERTIFIED, WE ARE THE CLOSEST, KNOCK ON WOOD. BUT A COUPLE ARE STILL NOT THERE YET. >> BEST WISHES, MY CONGRATULATIONS. >> WHAT I WILL SAY, THOUGH -- >> THEY ARE AMENDING ON THEIR WORK. >> AS STAFF HAS DONE, WE WILL CONTINUE, AND AS WE HAVE BEEN, WHICH IS WHAT WAS DONE THIS EVENING, WE WILL BE WORKING ON THE IMPLEMENTATION CONCURRENTLY AND WE WILL CONTINUE TO DO THAT. >> EXCELLENT, THANK YOU, MICHAEL. THANK YOU, BRANDON, FOR YOUR WORK TONIGHT. WE WILL MOVE ON TO COMMUNICATIONS. ANY COMMUNICATIONS THIS EVENING? NONE , IT IS TUESDAY, MAY 14, 7:27 P.M. THIS MEETING IS ADJOURNED.