Planning Commission - Regular Meeting

I call this meeting to order. Please let us stand for the flag.

Absolute and a moment of silence.

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.

You may be seated. Laura, may we have a roll call, please?

Yes. Commissioner Sotile?

Present.

Commissioner Edison? Present. Commissioner Serco?

Present.

Commissioner Moroz? Present. And Commissioner Policrude?

Present. Well, welcome to the Alcohol and Planning Commission meeting. This meeting is being live streamed on the City of El Cajon website. Appeals of final decisions of the Planning Commission made this evening must be filed in writing with the City Clerk before 5 p.m. Monday, January 5, 2026, and must include the payment of a filing fee. If you wish to speak on either a non-agenda or agenda item tonight, please fill out a Request to Speak card located by the Secretary and give it to the Secretary who will call you up to speak when the agenda item comes up for public comment. We ask that you give us your name, spelling your last name. Speakers are limited to three minutes. The display on the podium, as well as other monitors in the chambers, will show time counting down. At 30 seconds, the podium clock readout will turn red, signifying you have 30 seconds until the end of your time. Applicants and individuals representing groups of people may be allowed more time if appropriate. All public hearing meetings should be addressed to me as the chair of the commission and not to individual commissioners or to staff members. Please turn off all electronic devices if you have not already done so. Pursuant to City Council Resolution Number 114-79, a commissioner who has received evidence related to a matter before the Planning Commission, other than an unescorted view of the subject property, is required to disclose such information at the hearing. At this time we will take comments from any member of the public on any item of business within the jurisdiction of the Commission that is not in the agenda. Under state law, no action can be taken items brought forward under public comment except to refer it to staff for administration or place it on a future agenda. Is there anyone who wishes to address the Commission under public comment? Please come forward. Next is the consent calendar. A single motion will cover all items on the consent calendar. Does the Commission wish to pull a consent calendar item for discussion? No.

Okay.

Does the staff wish to pull a consent calendar item for discussion?

No changes from staff. Thank you.

Okay. I move to adopt the consent calendar.

I second. Okay.

Motion made by Commissioner Sotile, seconded by Commissioner Serco. Please vote.

Motion carries by unanimous vote.

Okay. And now my screen is black. How do I turn it on? Oh, there it is. There it goes. Okay, never mind. I got it going. Okay, the second item is King Auto Sales Conversion. and the request is to convert RV dealership to an auto dealership. It's CEQA exempt and staff recommendation is approved.

Staff.

Good evening, planning commissioners. My name is Mike Villione, senior planner with the Community Development Department. Item two on this evening's agenda, as you mentioned, is a request to amend conditional use permit 1390 to authorize an automobile dealership with general vehicle sales at 1131 Broadway. The subject property is located between North First Street and Oro Street on the south side of Broadway and totals 19,500 square feet. The property includes a modular office building addressed as 1131 Broadway, approximately 1,500 square feet in area, which is visible at the top left corner of the image. Immediately behind it along the West Shirley property line is a 140 square foot storage building. THE SITE INCLUDES A SIX-FOOT CHAIN LINK GATE ALONG BROADWAY AND AN UNENCLOSED SINGLE BIN TRASH ENCLOSURE ALONG THE EASTERLY PROPERTY LINE AND SIX-FOOT PERIMETER BLOCK WALL. WITH THE EXCEPTION OF THE LANDSCAPE AREA, THE SITE IS COMPLETELY PAVED. NOTE THAT AN UNPRIMITTED OUTDOOR VEHICLE LIFT IS PRESENT SOUTH OF THE BUILDING BEHIND AN EXISTING CHAIN LINK L-SHAPED MESH SCREENING FENCE. USES IN THE VICINITY INCLUDE AN AUTOMOTIVE BODY REPAIR SHOP TO THE WEST, single family residential to the south, a boarding care facility to the east, and various commercial uses north across Broadway. The subject property is designated general commercial by the general plan and has a consistent zoning designation. The general commercial zone requires the CUP to conduct auto sales, including for cars, trucks, motorcycles, or recreational vehicles. In 1990, Planning Commission granted CUP 1390, which authorized the recreational vehicle dealership with accessory detailing of inventory, but prohibited service and repair. IN 2008, WHEN CUP 1390 WAS LAST RENEWED AND REAUTHORIZED BY THE PLANNING COMMISSION, THE APPROVING RESOLUTION INCLUDED A CONDITION EXPLICITLY LIMITING THE DEALERSHIP TO RV SALES WITHOUT AN AMENDMENT TO THE CUP. RV DEALERSHIPS OPERATED THE SITE UNDER THE AUTHORITY OF THE CUP UNTIL ROUGHLY THE END OF 2022. IN APRIL 2025, CODE COMPLIANCE ACTIVITY COMMENCED RELATED TO THE OPERATION OF A CAR DEALERSHIP WITH AUTO REPAIR. This compliance activity resulted in the removal of unpermitted temporary structures and the subject CUP amendment application, which proposes the conversion of the existing RV dealership into a car dealership. As with the existing CUP, the application proposes accessory detailing of inventory but no repair. The application indicates that dealership sales are primarily online and anticipates only two employees with one present at a given time. As a result of the online sales model, on-site customer interactions are primarily scheduled sales appointments, scheduling those appointments with walk-in customers, and vehicle delivery appointments. The dealership is open Monday through Saturday from 9 a.m. to 5 p.m. No new structures are proposed with the amendment, and the site is fully improved. As shown in the site plan here, existing paved areas will be restriped for display and customer and employee parking, though none is required pursuant to state law. Two stalls are provided for employees, one for the dealership employee and another for the private security company also present in the office, and seven for customers. Thirteen display spaces concentrated at the north end of the site and along the easterly property line are also striped. All stalls meet parking regulations with minimum dimensions and appropriate reverse space. THE PREVIOUSLY IDENTIFIED MESH CHAIN LINK SCREENING FENCE ALIGNED WITH THE BUILDING IN THE REAR THIRD OF THE SITE SEPARATES AND SCREENS BACKSTOCK VEHICLES WHICH MAY NOT BE PREPARED FOR SALE FROM THE DISPLAY LOT. THE TRASH ENCLOSURE WILL REMAIN, HOWEVER FURTHER SITE DEVELOPMENT WILL NECESSITATE UPGRADES TO CITY STANDARDS IN ACCORDANCE WITH CODE REQUIREMENTS. THE SITE PLAN ALSO SHOWS THE FOUR UNPERMITTED TEMPORARY STRUCTURES THAT WERE ALREADY REMOVED AS A PART OF THE COMPLIANCE EFFORTS. Despite this limited scope of work, there are three primary concerns with existing and proposed site conditions that are addressed in the draft resolution. First, a condition is incorporated to require the removal of the unpermitted outdoor vehicle lifts as all work must occur indoors according to the zoning code. Second, the orientation of the display spaces near Broadway may encourage reversing into the right-of-way, which is prohibited by parking regulations for standard parking stalls. Consequently, a condition prohibiting reversing into the right-of-way for any purpose is included. Third, the mesh screening fence is unsightly. According to the zoning code, the methods of screening outdoor uses is determined by the planning commission with the conditional use permit. Thus, a recommended condition requires integral screening slats or an acceptable alternative to ensure a long-term aesthetic appearance. The proposed conversion of the RV dealership into a general automobile sales dealership is exempt from the review requirements of the California Environmental Quality Act pursuant to the class one exemption for existing facilities in section 15301 of the CEQA guidelines. Required findings to grant the conditional use permit can be made in the affirmative. The proposed use is consistent with the scope of uses anticipated in the general commercial land use designation, as well as the policies of the general plan goal number nine related to economic development. The use is also existing and alterations are limited to striping necessary to provide sufficient parking. Further, an auto dealership consisting exclusively of vehicle sales, display, and inventory storage is not anticipated to result in nuisance conditions from noise, odors, or other objectionable characteristics, nor incompatibility with adjacent uses. No public comments were received. Staff therefore recommend approval and are available for questions. I would also note that the applicants are here in the audience should you have any questions of the applicant. This concludes staff's report.

Thank you. Michael, I do have a question. I noticed on the depiction there that the parking is diagonal. So if the parking is diagonal, cars would have to back up in order to park? Or is there enough room to turn around?

The northerly stalls there, those are all display stalls, so you should not anticipate that cars are regularly pulling in and out of those stalls. But to answer your question, yes, the site provides adequate space to reverse out of those stalls and turn.

And turn around before you go into the streets. Okay, very good. Fellow Commissioners, do you have any questions?

I just have one question. It says... to amend the CEP for auto sales, does that remove the possibility of RV sales? Because I know that was the original or the amendment in 2008 was RV only. Is this now car only, car and truck, or is it?

It's broader, and it's to be consistent with the zoning code land use categorization where it lumps in trucks, cars, RVs under one umbrella.

Okay.

Thank you. Mine's really simple. It seems like it's very straightforward. I did, reading your report, said that there should be no backing in. And in the pictures, every single car is backed in. It's going to be the same owner, right?

So the property owner is unchanged. I think the concern though is not necessarily the vehicles that you probably see stored reverse into the angled stalls because they're situated so that the front end is visible from the street, which is probably desirable from a sales perspective. But the concern would alternatively be if those were to be driven front end in, there could be an inclination to reverse back out of those stalls into the public right-of-way, resulting in a dangerous potential conflict.

I see. That was it for me. Thanks.

Any other questions? Okay. Laura, do we have speaker cards?

There are no speaker cards.

Would the owner like to come up and speak? Yeah, come on, come on.

Mr. Chairman, if we can, go ahead and open the public hearing.

Oh, yes, I'll open the public hearing. Do I have a second? Okay, let's vote. Open public hearing. Vote made by Commissioner Sotile. Second by Commissioner, was it Pollock-Rood? Okay.

All right. Good evening, commissioners and the staff. My name is Khalid and I will be representing King Auto Sales, which is a family-owned business.

And have you read all the conditions of approval?

Yes, we went through all the conditions of use permit with Mike, and we agreed upon that. And we acknowledged of anything that are not in compliance to bring them into compliance. And yes. You do agree with the conditions? Yes, I do agree with it.

Okay, very good. And you heard Commissioner Edison's concern regarding the diagonal parking. If you're with a front in, the tendency would be to back up into the street. And that is a condition of approval that you can't do that.

FOR THAT ONE, WE HAVE FIVE AVAILABLE PARKING LOTS FOR CUSTOMERS, WHICH WILL BE USED FOR CUSTOMERS ONLY. I THINK THAT WAS FOR THE REVERSING. I THINK YOU ADDRESSED THAT FOR CUSTOMERS FOR REVERSIBLE, RIGHT?

TO CLARIFY, IT WOULD BE FOR ANY PURPOSE. YOU WOULDN'T BE ALLOWED TO REVERSE OUT OF THE PROPERTY BACK INTO THE PUBLIC STREET?

YES. I AGREE WITH THAT. IT WILL NEVER GO REVERSIBLY out of the lot.

Right, so you would turn around and then go up moving forward?

Yes.

Okay, got it. Any questions? Yes, come here.

That is correct.

Any other questions of Khalid? No? Okay. Thank you, Khalid. Oh, how do you spell Khalid? K-H-A-L-I-D. Okay. Thank you. Of course.

Thank you.

All right. Then what else, right? Well, I move to close public hearing. Okay. Motion made by Commissioner Sotile, second by Commissioner Pollack-Rood. Please vote.

Motion carries by unanimous vote.

Okay. So what say you?

Pretty straightforward.

Does anyone wish to make a motion?

If my screen was on.

I know what you mean. It goes off every minute.

Every few seconds.

Yeah.

If I got to the top. I'm still trying to master these things, and I haven't yet. I guess I'm too old.

All right. I got this.

So I will move to adopt the next resolution in order approving the CEQA exemption of amendment to CUP number 1390, subject to conditions.

I second.

Okay. Motion made by Commissioner Pollack-Rood, second by Commissioner Serco. Please vote.

Motion carries by unanimous vote.

Great. Okay. The next item. Is there a going home button? Here, let's see.

If you find it, let me know.

Yeah. So I don't have to scroll over everything. Bear with me, I'm trying to get to the beginning. There it is. Okay, item three. The project name is zoning code and specific plan number 182 updates. The request is amendments to the zoning code and specific plan number 182 and is CEQA exempt and staff recommendation is recommend to go to city council for approval.

Yes, Noah. Great. Thank you, Mr. Chairman. This item was originally initiated by the Planning Commission on November 4th of 2025. It was at that meeting that the Planning Commission adopted a resolution of intention directing staff to look at potential zoning code amendments. The issues that we were directed to look at and are proposed in the draft resolution tonight are to first to increase flexibility for residential building design standards. That's primarily related to detached garages. We've had a couple of requests for detached garages that are essentially 400 square feet with a single, or with a, a garage door across the front. The concern from those individuals was that they didn't want to have windows on their garage door because they wanted to be able to protect like a classic car or other similar valuables. So we didn't have objections to that. So we're proposing that as a change in the design standards to allow that as an exemption. We're also proposing to allow existing emergency sleeping cabin projects to expand from six units directly to ten units. In the code right now, it's a two-step process where it's if you have an existing project of six units, you can expand to eight units, and then you have to wait one year and then expand to ten units after that year period has elapsed. So the currently proposed edits will allow them to directly expand from six to ten. We're also proposing to improve some of the definitions for tobacco retailers. One of the issues was that a tobacco retailer was only, it was defined essentially through the smoke shop definition, which said you were a smoke shop if you were 16 cubic feet or greater of tobacco display. For a tobacco retailer, it didn't say anything about the maximum display area, so we're adding that for clarification so that if someone comes in, they can understand what the limitation is. And then we are also proposing to modify the process for review of administrative decisions by the Planning Commission. We brought those periodically to the Planning Commission based on the volume of applications that we had received. What staff has observed is that typically that's happening about every 12 months. In the code right now it says it's to be occurring every six months, but typically after six months we don't have enough of a volume to really come and report. So what we're proposing is to do that at a minimum on an annual basis. Sorry, and then lastly, we do have two changes related to state law. And so the two changes in state law are related to affordable housing projects, which have prevailing wage contracts. They have to be approved ministerially. So that just means with the building permit. So we're adding a reference to the government code for that. And then there's also a change for junior ADUs. As long as they have separate sanitation facilities, state law will now allow THE PRIMARY DWELLING AND THE JUNIOR ADU TO BOTH BE RENTALS AS OPPOSED TO REQUIRING THE OWNER TO BE IN ONE OF THOSE TWO UNITS. THE SECOND PART OF THIS REQUEST IS UPDATES TO SPECIFIC PLAN 182. THESE WERE DIRECTED BY THE CITY COUNCIL AND THAT WAS AT THEIR NOVEMBER 18TH, 2025 MEETING. THE CITY COUNCIL AT THAT MEETING WAS PRIMARILY DISCUSSING LIGHT REGULATIONS IN THE DOWNTOWN AREA. they directed staff to increase flexibility for lighting displays as well as events on city properties one of the the discussion was primarily related to being able to react in real time to events that are occurring in the community so the example that was provided was if san diego state were to win like a sports championship they might want to turn all the lights downtown to red And so they want to be more dynamic in their responses as well as with New City America in their programming of the downtown area. So what we're proposing to do is to allow the city manager or their designee to approve changes in lighting displays as well as events on city property. After the publication of the agenda, we did receive one public comment. That was an email that I provided at the dais. The email was from Donna Colbert from CASA. That's the Community Action Services and Advocacy Organization. They were recommending that the language that is updated as part of the tobacco-related updates match what is located in Title 8 of the Municipal Code. Staff has no objections to aligning the language for the two. All it would do is clearly state that positive identification is required in order to purchase tobacco. And then it would also indicate that each purchaser and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for the uh being sold the tobacco and so we have no objections to that language so if the planning commission is supportive of that change we would request that the motion maker incorporate that as part of the recommendation to the city council so this project is exempt from sequa and our recommendation is that the planning commission adopt the resolutions recommending city council approval of the zoning code and specific plan 182 amendments and i'd be happy to answer any questions

So therefore, state law is 21 years old. That's correct. And we used to have 18 on it before. That's correct. So it conforms to state law, so now it's being changed to 21. Correct. To conform to state law.

Okay.

Got it. Any questions? Yes.

So I wanted a little verification. So if we're building, if there's a 10-unit apartment and two of the units are going to be deemed... low income, the state's requiring that those jobs be prevailing wage?

No. Sorry. It's a specific change in state law that says if there is a certain type of project under the government code that is an affordable housing project and is built with prevailing wage, that it has to go directly to building permits without any discretionary action. But it's only for those two things together. It doesn't mean that every affordable housing project has to be prevailing wage.

So you're saying if it was government funds, they would have to be prevailing wage? I mean, private money can't be forced to go prevailing, right?

Correct. If the developer came in with their own money, they're not going to be required to pay prevailing wages, even if it's an affordable project. But if there is assistance through government subsidies, loans, or grants, things of that nature, it could trigger the prevailing wage requirement. UNDER THOSE CIRCUMSTANCES, THE LAW NOW SAYS IT'S A MINISTERIAL PROJECT, NOT A DISCRETIONARY PROJECT.

OKAY. JUST NO DIFFERENT THAN IF THE CITY WAS DOING A SEWER SYSTEM OR SOMETHING AND IT HAD TO BE PREVAILING WAGE BECAUSE IT WAS, YOU KNOW, FEDERAL FUNDS OR LOCAL FUNDS. OKAY. ALL RIGHT. I GOT IT. THANK YOU.

ANY OTHER QUESTIONS? COMMISSIONER CIRCLE.

Just out of curiosity, and this doesn't affect the code amendment, but when it says light displays, are we talking like the street lights on Main Street? Are we talking the hanging lights, market lights? And a follow-up question is, are they LEDs that can just be programmed, or is that manually switching bulbs?

So we're primarily talking about the lights that are connected to the city infrastructure that are in the public right-of-way. So the bulb lights that are hanging from the street lights. However, there are some of those lights that extend, I believe, into Prescott Promenade. So those are extending essentially over private property that is under the control of the city. Each of those lights are programmable where they can change dynamically. And so there is that opportunity to switch them as needed.

That's awesome. As a maintenance guy, I was thinking about all the bulbs that someone would have to change to make them green or red for a weekend. That's awesome. Thank you.

Just a clarification, that would only be required if Oregon Ducks won a championship.

Any other questions? Okay. Okay. Well, does anyone wish to make a motion? And remember, we have an amendment here before us.

I will be. We don't.

We need to. Yes, we do need to open the public hearing.

Oh, public hearing. That's right. Yes, let's open up public hearing. I move to open.

I don't think we normally make motions to open. We just open the public hearing. That's correct. We don't require a motion.

There are no cards for this item.

Okay. Close public hearing. I'll second that. There we go. Okay. All right, let's vote.

I may have been a little slow on the button. May I have you vote again? Okay. There we go. Motion carries by unanimous vote.

All right. Now we can have a motion. Now I'll make a motion. Yes.

I move to adopt the next resolution in order recommending City Council approval of proposed zoning code with the amendment from CASA. and specific plan number 182 amendments.

I'll second.

Motion made by Commissioner Serco, second by Commissioner Pollack-Rood. Please vote.

Motion carries by unanimous vote.

Mr. Chairman, if I may, for the zoning code and specific plan 182 updates, those were joint noticed for the January 27th City Council meeting at 3 p.m.

That's right. It's got to be approved by the city council. Very good.

Thank you.

Thank you. And now I want to go to the top. There it is. Okay. Are there any other items?

Just under staff communications, I just wanted to acknowledge our city attorney, Morgan Foley. I believe each of you were forwarded information about Mr. Foley's retirement. I believe that we have the honor of being the final public hearing that Mr. Foley will be present at, which is quite the great honor.

Hopefully it's my last night meeting after doing this for 38 years. What are you going to do now? Well, I'll be working of counsel with the law firm that I'm associated with and handling very few projects, more or less what I can have time for, not what they want my time for so much.

Golfing, fishing, hiking, what are you going to do?

Golfing is on the top of that list. All right, good. Thank you. Thank you for your service.

And I might want to mention in the audience is one of the associates in our firm, Dimitri Davis. Dimitri is an associate that's had some experience in municipal law. He, I believe, is going to be taking my place because Jennifer Lyon, who will be your city attorney come January 1st, will be handling council meetings and Dimitri will be handling planning commission meetings. Great.

Awesome. Welcome aboard, Dimitri. So this afternoon you had the last supper, right?

Well, just for one more statement about Mr. Foley, just more than, I think you mentioned 38 years, but 27, I believe, of those years was with the city of El Cajon. So obviously a wealth of knowledge and expertise when it comes to all these ordinances that we're writing all the time. And so it's just been a true blessing to everyone here at the city of El Cajon, as well as to me as I have worked at the city. And so we just really appreciate and thank him for all that he's done.

I echo those sentiments.

Thank you for your service. Any mention regarding Tony Hsu?

Yes, so Mr. Schute is also retiring. Sorry, Mr. Schute obviously is not here at tonight's meeting, but Mr. Schute, the one thing that I think he held over Mr. Foley's head was that Mr. Schute had 29 years of total service with the city of El Cajon, so he beat out Morgan by two additional years. He as well, over the years, my experience goes back with Tony to 2001, so about... I was gone for a little while in the middle, but over 24 years of Tony being my friend, colleague, and mentor, so he will also be sorely missed.

Okay.

Just one additional staff communication. This will be obviously the last meeting of 2025. Our next meeting is scheduled for January 20th of 2026. So I just wanted to wish the Commission a happy holidays and thank the Commission for all their hard work throughout the year. It's always a good time to reflect and think about all the accomplishments that we've made. I think we've done This is our fourth zoning code update that we've done this year, so almost setting a record for this year. So I just thank you for working with us and helping guide and lead the city and for all the success that you brought for us. So thank you.

Thank you. Thank you as well. Merry Christmas. Merry Christmas to you too.

Yes. Do we have any commissioner reports or comments? No? Nothing? Okay. So I move to adjourn to January 20th, 2026 at 7 p.m.

I will second that.

Okay. Motion by Commissioner Sotile, second by Commissioner Pollack-Rood. Please vote.

Motion carries by unanimous vote.

Okay, so we'll see you all next year. Yes. Thank you for the card.

Yes, thank you. So festive. He came with festive attire and festive gifts.