Planning Commission - Regular Meeting

Yes, Yes.

Yes. Have a Let's stand for the flag salute and a moment of silence.

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 Sautille, present. Commissioner Edison, present. Commissioner Ciro, present. Commissioner Morose, present. And Commissioner Pollocrude,

present. Welcome to the Alcohon Planning Commission meeting. This meeting is being livereamed on the city of Alcohon websites. Appeals of final decisions of the planning commission made this evening must be filed in writing with the city clerk before 5:00 PM Tuesday, February 17, 2026, and must include the payment of a filing fee. If you wish to speak on either a non-aggenda or an 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. Can you hear me well? Yeah, I'm on. Okay. 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 the other monitors in the chamber 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. A public hearing comments must 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 done 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'll take comments from any member of the public on any item of business within the jurisdiction of the commission that is not on the agenda. Under state law, no action can be taken on 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. Now we go to 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, chair. Okay. Does the staff wish to pull a consent calendar item for discussion? No changes from staff. Thank you. I move to adopt the minutes as recorded. I'll second. Okay. Motion. I reviewed the video. I'm prepared to vote. Oh, okay. You reviewed it. Okay. Very good. Okay. Motion by Commissioner Ciro. Uh seconded by Commissioner Pollock RDE. Please vote. And motion carries by unanimous vote of members present.

Okay. The uh second item is uh Anaconda Auto Sales Repair. It's a request to convert RV deal dealers dealership to auto dealership. It's SQA exempt and the staff recommendation is to approve. Staff.

All right. Good evening, planning commissioners. My name is Spencer Hayes Flores. I'm an associate planner in the development services department. Uh the first public hearing item for your consideration proposes auto sales and repair. Um the project is a conditional use permit. Um, and the uh the auto repair involves uh full service auto repair uh including auto body and painting. The project includes a new 2,894 ft repair building uh and a spray booth within an existing structure. Um other conditioned and proposed improvements uh bring the site into compliance with current commercial zoning regulations and the proposed business would operate during uh six days a week during normal business hours. The subject site is on the south side of Broadway between North First Street and Oro Street and is addressed 1151 to 1163 Broadway. The site is within the office non-retail general plan land use designation and has a zoning designation of general commercial as discussed in the staff report uh and as a result of a zoning consistency effort in the 1980s. Uh the CG zone is determined to be consistent with the general plan designation so long as a project aderes to current standards. The project site contains two equalsiz rectangular shaped lots totaling 39,000 square ft. And there's a U-shaped drive aisle which connects two primary driveways on Broadway. There are currently uh unpermitted canopy structures and two pre-fabricated storage containers at the site. Uh and both the applicant's proposal and the proposed conditions of approval uh address these structures through the various options of a demolition permit, a building permit, or a temporary use permit in the case of the storage containers. This is just another quick view uh at an oblique angle from Broadway. Uh and I'll

quickly note that due to the amount of new and modified impervious surfaces, uh proposed conditions of approval also include um a grading plan and compliance with storm water regulations. And this is the proposed site plan. Uh again, the 2000 the new 2,9894 foot repair structure is located on the southwest side of the site. Uh and the structure observes required setbacks from the rear property line. Uh there are no setback requirements from the uh property line to the west. As discussed, the proposed spray booth is located within building B uh on this site plan and the spray booths are required to be compliant with uh regulations from the air air pollution control district or APCD. Uh though the site is not subject to minimum parking requirements pursuant to assembly bill 2097, the site plan includes 29 parking spaces. Uh the spaces on the west side of the site plan are intended for customer and uh staff parking. Spaces on the east are intended for auto sales display. And then spaces to the south uh behind the secured fencing area are intended for the autos um undergoing repairs. The site plan also reflects a substantially larger planter bed at the frontage along Broadway uh which is consistent with the current requirements of the CG uh zone. Um, finally, there's a 24 foot wide drive aisle uh and fire lane uh again in a U-shaped connecting those two primary driveways. Those primary driveways are conditioned to be updated to current regional standards and then two other accessory driveways are proposed to be closed and replaced with curb gutter and sidewalk. This is a quick glimpse at the elevation for the project. And just note here that the uh primary colors are just to represent the different surfaces. the

the proposed building is not bright yellow. Um the the building would be uh clad in stucco with reveals to reduce the visual massing. Uh the proposed building height is 15 ft where structures are allowed 35 ft in the CG zone. Uh the building includes obviously four vehicle bays uh and metal awnings at the pedestrian entrances at either side. No other updates are proposed to the other existing office structures. And then here's just a short overview of some of the proposed project conditions uh which will ensure that the project is uh consistent with the site's designation and applicable goals of the general plan. Uh that it's designed in compliance with the CG zone development standards and that it's operated in a manner that is compatible with surrounding uses. uh and obviously in a manner that avoids adverse impacts to public health, safety and welfare. So some of those items include the uh CMU boundary wall required for separation between commercial and residential properties. Um the affformentioned grading and drainage report, removal of unpermitted work, uh and then uh the installation of the permanent facilities for auto repair prior to commencing auto repair uses. Same with the sprint booth. It's proposed that this project is exempt uh from review uh under the California Environmental Quality Act uh pursuant to section 15303. Uh uh section 15303 is for new construction and conversion of small structures. And then uh before I get to the recommendation, I also want to mention that staff received a phone call uh public comment after sending the public notice. Uh the individual expressed concern regarding the unpermitted structures and the unpermitted use of the site. Um and it staff's recommendation that the planning commission approved the SQA

determination and conditional use permit number 2025-00001 subject to conditions as the project is conditioned and proposes to meet current CG zone standards and is anticipated to operate in a manner which is compatible with surrounding uses. That concludes our report and we can answer any questions you have. Thank you. You have a question. Uh, Commissioner Circle, I have one question. I I first want to compliment that the planter boxes are getting bigger. Uh, do we have any type of landscaping plan? Trees. We like street trees.

Agreed. Uh, so part of the project conditions is a landscape documentation package. So they'll need to show us the uh you know consistent with the the requirements of the CG zone uh planting and irrigation systems. Uh and I was looking at the diagram and trying to figure out are those planter boxes the only places where there is not hardcape on the property. Yes, basically.

Any other questions? Okay. So, uh let's uh open it up to a public uh hearing. Um I move to open public hearing. Okay. Well, we don't have to move make a motion on that. We don't. Okay. Uh Laura, do we have any uh speaker cards?

Yes, we do. Holly Robas. Good evening and thank you for giving me this opportunity. I don't really know very much about uh Miss Roba. Can you break down the mic? Very good. And how do you spell your last name? Uh R O B L E S. Okay.

Uh I live right there. That's my residence is at 1173 Broadway and it's extremely noisy. I'm very concerned about the chemicals. Even today as I came home from work, they were spray painting and all the spray paint came over to my front door. I can't have my doors open. I can't have my windows open. Um, and they've been there for quite a while. So, I'm kind of We all know what it's like in California to do anything. and to get permits. So, I'm kind of surprised at how fast this went up and all the stuff that they're doing.

Well, they were non-compliant, but we're trying to make them compliant. Oh, that's okay. I know. I'm a little confused. And also, I just rent. All of the painting is going to be done inside. I don't know how how long they stopped doing. staff. Do you know when uh the painting um there was a code compliance case opened uh due to them commencing auto repair work uh prior to gaining their approval of a conditional use permit, right? Um I believe um multiple actions have been taken on that front. Um including I believe stop work notices to the operators. Um, I'm not sure of the the current status of that code case, but it is still open until they gain approval of this conditional use permit.

Okay. Yeah. So, go ahead. I'm sorry for interrupting. Oh, no, that's okay. Um, so like at this time, you know, I can't enjoy my property at all on Saturdays, which is when I'm home because I work five days a week because it's so loud and like I said, the chemicals, some of the stuff I get headaches, it hurts my throat. um people come over, we can't hear the TV, we can't hear each other talking. And so anyway, I just wanted to make sure that um you guys knew about this. Yes. Do you have any questions for Miss Robels?

I do. I'm a little confused. So, you're saying that they're operating using spray paint chemicals and you're smelling it in your dwelling right now? Yeah, today. It's coming right over. Uh no, I'm not. I I believe you. I'm just confused. Is this operating right now?

Uh so no, the the use is not legally authorized to operate. Um so through code compliance, uh we did receive a complaint about illegal operations. Uh we met with the property owners and their representatives. Um after that, we were given assurances that they were no longer conducting activities that weren't authorized. Um they did file this conditional use permit application and have been working with us to get it ready to come uh in front of the planning commission. Uh but we weren't aware of any ongoing illegal activities uh since the um initiation of the conditional use permit application. Uh unfortunately it's one of those circumstances where um you know we we don't have eyes and ears everywhere and so unless we're getting you know a complaint that's coming directly from the public we wouldn't be aware of that. So, we did get those initial complaints um and that's what necessitated the conditional use permit application, but since then we haven't had any further followup from the public.

And that's fair. I just that's that's 100% fair. You can't be everywhere. But now that we know about it and the owner is here, it'd be interesting to see what they have to say about if they're operating outside of the conditional use permit. I they I have concerns. Is there a phone number to complain to? because I'm not aware of where I'm supposed to go. Yes. Uh we can we'll share our contact information both for Mr. Hayes Flores and myself. Okay. Thank you. Oh, just a moment. Any other questions for Miss Robles? Okay. Thank you very much. Appreciate it. Thank you. Any other cards? Uh

yes, Patrick Sheay. Hi, good evening. My name's Patrick Sha, Shaa. Um, my mother owns the property and I manage the apartments for my mother um from 1165 to 1173, which is right next to the um proposed site. Um, and yes, I can attest that today there was a really strong odor of solvents in the air um, this afternoon. Um, and it usually starts around like 400 p.m. is when I typically notice the smells. Um, we've been infected uh, directly. Like back in July, we had a young couple move out of one of our units um because they had a newborn child at the time and the basically the smell of all the spraying had gotten so bad um that they just couldn't handle it anymore and they decided to move out of the area. Um so I'm not necessarily opposed to them getting a certificate or working there. I just really want to make sure that the proper permits are in place and they do have the proper air quality controls in place so that if anything proceeds in the future that we're not subjected to, you know, basically the biohazard or whatever, you know, the chemical fallout. Um I am glad that there's a propos a proposal for uh drain runoff because that was another concern um was whether or not the chemicals are being disposed of properly and if there are any you know rainy days um that things will be cleared up. Um, and like she said, we were both basically everyone was sort of shocked at how quickly this uh lot turned from

basically an empty lot to about like a 4 bay garage with lifts uh under awnings. Um, the pictures don't really show as as much as they've developed and they basically developed it in like two weeks. It was very quick. Um, so if this does go forward, um, with like we, my mother and I would be concerned to make sure that the proper permits are in place because my father u before he passed away built a garage on our property and we had to go through all the proper steps of planning and submitting documents and making sure that the garage was uh, you know, far away enough from the easements and everything like that. Um, so we just want to make sure that everything's being fair play here. Um, besides that, uh, I'm not, uh, the noise is pretty bad, uh, on the weekends and during the day, but as long as they're stopping at what they're proposing, 6 p.m., that's fine. If, um, in the past, they have gone later than 6:00 p.m.

Hey, thank you. Uh, staff, are they supposed to be painting outside or currently right now or or not?

No. So in the general commercial zone, all activities have to occur within an enclosed building. Uh part of the um reason for the complaints that we received is that they were doing unauthorized activities outside in carports, painting vehicles, and doing work outdoors. Um this conditional use permit application will resolve all of those. Um as I mentioned earlier, we weren't aware of any ongoing compliance issues uh since they initiated their conditional use permit application. Um, so what I would encourage the speaker speakers to do is uh to be in direct contact with uh staff if they observe those and then we can immediately go out there and take action via citations and co-co compliance activities to make sure that they're not doing things that they are not allowed to be doing.

Okay. Thank you. Uh yes, M Commissioner Edison. So same question. So you're saying that as of today you're smelling the paint or whatever the solvents, whatever is going on cuz it's Yeah. 100% you smelled it as of today. Yeah. I mean it like today was probably the first day in a um like a week maybe that I really smelt the smell of the solvents. Um and I don't know if they were just trying to quiet down because of you know the notice of public appearance and stuff like that. Um thank you. But yeah, today it was definitely back in strength. Thank you Mr. Shay. Thank you.

Any other speaker cards? There are no more speaker cards for this item. Is the uh owner here? Uh speaker. You can speak and then fill out the speaker card afterwards. Yes. Can you please come up? Well, you heard uh the testimony here regarding uh is painting going on right now outside? So, currently, uh, I have a full-time job. Uh, my mom's part-time at the property. What is your name? I'm sorry. My name is Joshua Maderas. Madera. Spell Maderas for us. M E D E I R O S. Okay.

Um, I have a full-time job. Um, the a little back history, not sure if it matters to you guys. Uh, the the property just recently went through a divorce. Um, and the settlement uh is still not 100% finalized, but uh the property did get awarded to my mother. Um, so up until a couple of weeks ago, she hasn't had full control of the property. Um, no excuses, but uh we haven't been able to uh to make any decision decisions basically. Um, with the renters, um, I was unaware that they were painting. Um, I believe she was too. Uh, basically like, uh, Mr. Alvie said, uh, we can't be there all the time to basically keep eyes on them. Um, we fully hear you guys' issues and and hopefully this brings you guys some comfort. We want to uh get the property um basically as compliant and uh, you know, basically follow the proper steps. Uh now that me and my mother have the basically deed to the property, we are able to make decisions and and follow up on these things. Um it's not an excuse. Basically, it just wasn't in our control. Um

so have you read all the conditions of approval? You and your mom at this time? Yes. You have? Okay. Do you agree with all of them? Yeah. Okay. and going to comply with all the conditions of approval.

Yes, as as property owners, that's 100% what we want. Um, the renters are here. Uh, one of the renters is is out of the country, which he is the main uh person that we deal with. Um, his name is Shabib Safi. Uh, we are in contact, but there's a a big time difference. So, he's in Russia right now. Um, so yes, we want we want to be 100% compliant. Bottom line, we don't want to affect any. Let me see if my fellow commissioners have any questions for you. Uh, Commissioner Edison,

uh, we we've kind of been down this road before with different uh, properties. So, first question, are you authorized to speak on behalf of the owner before we go any further? Yes. This my mother right here. She's the owner. So, are you're you're going to be on the CUP? Not the CUP. I'm my name is not on the CUP personally. Her name will be on the conditional use permit. What is your name? Crystal Maderas. Crystal Maderas. Okay. Okay. So, you're representing your mother?

Yes. Okay. So, as long as you're okay with it, I want Okay. So the concern I have is that um this is being brought before us today and we h I'm all for businesses. Business is good but as also we have to have you have to have the balance of residents. We have residents that are saying that they're smelling paint as of literally today two different people are saying that they can't even open their windows. And that that's problematic for me. And I mean I I hear you. I hear what you're saying. we're going to comply with the CU, but as of today, the people that are living next to you have complaints.

So, that's the issue I'm kind of having right now. And I know that you're saying, you know, we can't be there 24/7, but having being a property owner that I was I own my own business that goes with it. So, it's now that we're aware, it's t it's difficult for me right now hearing this and I used to live next to a business where you couldn't open it and I feel their pain where they can't open their windows and and I'm hearing today it's like, oh, we're going to comply, but something's wrong.

Yeah, understood. Uh, we really didn't know. I mean, I live uh I don't live next to this property, obviously. Um I wish it hadn't gone, you know, uh you understand. Um um we will do everything in our power um and check and we can check and monitor uh and there's a question commissioner.

Mr. Chairman, if I may just interject quickly. Yes. I apologize. the um I I just wanted to state um that uh if there were to be future code compliance actions um so Mr. Hayes Flores just distributed our contact information to the two adjacent residents um because this was previously a code compliance case and warnings were issued about illegal activities uh the next step would be um a citation and so if we were advised of illegal activities went out and observed that we would go directly to a citation. Um citations are applicable to the property owner as well as to the business operator. Um, so I can assure the commission that uh if there are ongoing activities beyond today, all they need to do is give us a call. We'll be right out there that same day and uh we'll make sure to take action. Okay.

Thank you, Commissioner Pollock Road. Yes. Yeah. Just a quick question. So the divorce settlement's almost over. So now you guys have to the deed to the property. So now you're in control of what goes on there. So you what have you been or have the property the the business owners been in contact with you and they're the ones who did this whole cup and got everything compliant at this point? Yes. Um they've basically been dealing with uh Mr. Gibson the architect to kind of get the drawings and uh I've dealt with Spencer a little bit to kind of uh try to make sure that everything is uh moving forward basically.

So you're working to make it up to code. And so now that the painting will be held inside once the enclosures are built. Correct. Correct. Yes. Okay. Perfect. Awesome. Thank you. Thank you. Any other questions? Okay. Thank you very much. I appreciate it. Thank you. I appreciate it. So there's no other speaker cards, I'm sure. Correct. I have no cards. Okay. For this item. All right. So, uh, I move to close public hearing. I'll second it. Mo motion made by Commissioner Sautille, second by Commissioner Morose. Please vote. Okay,

I'm missing Morose and Polloc Rude. Sorry. There we go. Motion carries by unanimous vote.

Oh, um, what say you? Well, uh, the code compliance issues with the repair work being done outside in like a carport and the spray paint with the new buildings, the regulations, all the repair work will be done in one building and the paint will be done inside a paint booth in the other building. That should eliminate all the smells and the noises. And if it doesn't, they now have a conduit to report. uh that won't solve it overnight because obviously the buildings need built, right?

But uh hopefully the uh business operators will work to be within code compliance around the improvements. I'm not sure how the business will operate while the property gets improved, but I'm leaving that in the hands of the the professionals. The professionals. Yeah. And also a six foot block wall is being built as well. That'll definitely help with sound attenuation. Right. Exactly.

So, sorry, Mr. Chairman, if I may. The um the conditions of approval do require uh the construction of the buildings as well as the paint booth uh prior to those activities taking place. So, there's not an opportunity for them to continue uh any types of repair um in the interim until they get their construction permits and approvals through uh county air pollution control. Good. Okay. Okay. So, we have a check on that. Okay. Any other comments?

Well, we had a bu a business that was non-compliant and we're trying to make it compliant. So, that's an improvement and also eliminating the painting that's going on outside with a inside of a building where air conditioning, a paint booth, all all the uh accutrants to make it safe and feasible for everybody. and uh staff has uh uh stated that they will uh make sure that the business is uh compliant according to the standards uh moving forward. So with that being said, I I think that uh and the conditions of approval uh have been read and accepted by the uh uh new owners. Uh so I think u it would be a good move. So I think we should move to adopt the next resolutions in order approving the SQA exemption and CUP number 20251 0001 subject to conditions.

I'll second that. Okay. Motion B by Commissioner uh Pollock RDE second by Commissioner Ciro. Please votes. Motion carries by unanimous vote. Congratulations. Mr. Chairman, uh that decision would be final unless an appeal is received uh by February 17th at 5:00 p.m. Thank you. Appreciate that.

Okay, the next item These tablets I have to scroll all the way through. Okay, be patient. I'm almost there. Well, it's not going there for some reason.

Oh, wait a minute. Maybe this will bring it there. Yeah, let me use yours. I can't see there. Okay. Number uh number three. The project name is appeal of director's decision. A request is to allow a temporary tent for more than six months. Squa not applicable. Staff recommendation is to deny. Uh staff.

Great. Thank you, Mr. Chairman. uh Noah Alvi, deputy director for development services. Uh again, this is a um a request uh to appeal a director's decision and it's related to the use of a temporary tent for more than 6 months. Uh the subject site is addressed as 1324 uh East Main Street. Uh that's at the corner of Walter Way and East Main Street. Uh the site is just over an acre, 1.08 acres in size. Uh the site is developed with a 5,600 ft uh restaurant building. Uh formerly that was a Koko's building. Uh the thing to note with the existing building is that uh after Koko's closed um a uh some unauthorized construction activity occurred within the existing building uh and it included uh demolition activities which rendered the building um not occupiable at this point. Um, so a building permit is going to be necessary in order to uh make that building uh suitable uh for uh service in the future. Um, and then uh the last uh item on the project site is the temporary tent uh which is on this uh aerial image. That's the uh white box at the norly portion of the site. So here you can see a image of the temporary tent. Uh so the approval for the temporary tent occurred or I should say first the um the approval occurred on uh April 22nd of 2025. Um the approval was for a maximum of 180 days from the date of final inspection of the tent. So the tent was approved in April and then it was given final occupancy on May 28th of 2025 and then granted for 6 months until the end of November. Uh at the end of November, uh a second temporary use permit application was received and it in it requested using the temporary tent uh for an additional 6 months.

So uh with the uh second application um the it was reviewed by the building official as well as the fire marshall. Um the uh issue is in the California fire code. It indicates in section 3103.4 four uh that temporary tents should not be erected for a period of time of more than 180 days. Uh the limitation of 180 days is really there to protect the public health and safety and general welfare. Um primarily because temporary tents don't provide uh long-term occupancy safety measures. Uh those are things like automatic sprinkler systems, insulated walls as well as heating and ventilation systems. Uh the appeal uh that was submitted uh requests that the uh temporary use permit be granted. Uh the appeal indicates that uh the tent serves as a vital resource for over 3,000 families uh most of whom are newly arrived immigrants. Uh it also describes the types of activities that are offered within the tent including uh education guidance uh resource distribution as well as uh the tent being used as a gathering space. Um I want to um acknowledge uh the activities that are occurring there. Um the uh community support and resources that are being offered within the tent are obviously a benefit to the community. Um but I would note that since uh April of 2025 uh when the application was first submitted for a tent, staff were very transparent um with the applicant that the tent can't be approved for more than 6 months because of the restrictions in the California Fire Code. We encouraged them 10 months ago to uh look for a permanent solution in order to be able to continue to um provide those services and activities to the community. Uh options included an interim location or moving forward with a building permit for the existing uh restaurant building. Um to date uh we've received uh conceptual images of what the restaurant building uh may look like in the future, but we

have not received a building permit. So there's no activity moving forward uh for a permanent solution uh for them to um move into. Um we did receive uh one comment letter um in response uh to the um docketing of the agenda. I'll ask that that be distributed now. Um similar to the appeal request um it indicates um all of the benefits associated with the use of the tent. Um again I would stress we go into the next slide please. Uh again, I would stress the uh importance that we want these services to to continue for the community. Uh but because of the restriction in the California Fire Code, uh that uh staff is not able to approve the use of the tent for more than 180 days. Um again, we would encourage them to find a permanent solution. Um um so the recommendation from staff is to deny the appeal and uphold the uh director's decision uh denying the request. Um I do have uh the city's uh fire marshal as well as building official are here in the audience uh should any questions arise uh with regards to their recommendations. And that concludes st presentation. Happy to answer any questions.

Okay. Do you have any questions for staff? Uh Commissioner Circle. I have two questions. The first one is who owns that property? Um I do not have the property owner information directly in front of me. I I believe it's now owned by the Afghan Community Culture Center.

Oh, okay. Um the second one is uh when I first moved into the area, I seem to recall there was a space on Chase. Um and I'm blanking whether it was before or after avocado, but I remember seeing the Afghan uh community resource center. I believe that's what was on chase. Um, is that not operating anymore? Um, I I the applicant uh is present in the audience and we have do have multiple speaker slips. I'm not sure if there's an affiliation between those two. Okay, those are my two questions. Okay, any other questions?

Okay, I have questions but more for the speakers. Okay, fire. Fire marshall. Okay, very good. All right, let's uh open up uh public hearing. Um Laura, do we have any speaker cards? Yes, we do. Muhammad AF Kohistani.

Honorable members of the Alcohon City Planning Commission, good evening. Good evening. Uh, could you spell your last name for us please? My first name is Muhammad AF but you can address me as ASF and last name is Kohhistani. It is spelled as K O H I S T A N I N I. Okay.

I want to thank you all for giving us the opportunity to speak today. Um our community journey here in the US for most of us for most of the Afghan people started with a very warm welcome and uh the support that the Americans the American community uh communities have several communities have provided us we thank them and thank you all for everything. So uh today we are here to request the extension of the Afghan community center tent that you uh that was displayed on the screen here before. So the tent is uh being used on uh mainly for uh worshiping God. But besides that well I have a paper here but I'm not going to read those. But besides that, you know, we use the tent for other uh uh community uh services such as um uh you know, guiding the community uh giving uh people emotional support um other um uh fundamental religious support that they need in order to thrive in this community and also um uh for their well-being and the well-being of their families. Um so beyond you know worshiping there are 300 uh 3,000 families excuse me 3,000 families and most of them have arrived as you all know uh after the collapse of the Afghan government in 2021. I myself worked for the US well I shouldn't be talking about myself but just a background I worked for the US state department uh from May 2004 until the collapse of the Afghan government. Um and that is when my family was also evacuated here. Uh but the the the welcome was very warm and uh we really appreciate that. So today we are here uh the Afghan community had a leadership before and that leadership

unfortunately I shouldn't be saying that because you know this is it doesn't look good you know when I say something you know negative about an Afghan but uh he had kept all of us in the dark. We were never told that the comm uh the community center tent was going to be for 180 days only. We did not know that. So we only found out in the month of November last year that we need to uh put an application to renew the tent and we were like how is this possible? you know, we only have a few days left. And the same people who put us in dark told us that, you know, don't do an application, you know, from the beginning. Just ask for the uh extension and we're still, you know, struggling with that. So uh in the tent uh other than the services that we provide to the Afghan community, we also uh are working with the engineers who are you know working on the you know the plan for um remodeling the the existing building which is you know located on the corner of that property. The the tent is very essential. If the tent is removed, um, a lot of people, the 3,000 families, you know, we will not be providing, we will not be able to provide services to them, especially the services that they desperately need. And, uh, what is more uh, one of the very um important other things is the donations that we collect from the communities. The tent is where the donations are collected. And if the tent is removed, everything will pause. And we kindly request you to please consider this uh request as another um opportunity and we will appreciate that. And I also wanted to tell you a story about myself because you know we know there is you know there are there were some complaints about the noise but we

will do our best to address that. Uh now these noises it does not have to be necessarily you know louder. It could be just one person you know who does not you know like that sound and that person you know um complained. we uh I I think it's not you know it's not a good practice to you know only listen to one person and ignore the 3,000 uh people in the community and as you know one more thing I want to mention I'm not a good speaker but uh the tent that you see that is standing there it and the the 600 uh 100 excuse me 180 days passed and it is still not renewed and the building is not remodeled that shows that you know the poverty of our people but we still do our best to collect donations and we will inshallah God willing we will inshallah do our best to uh expedite the the the construction of the tent but all we ask is you know for the extension please thank you so much

uh do you have any uh questions yes what is your what is your capacity in in representation um I was uh recently uh as of today. As of today, yeah, I am representing the Afghan community and my role in the Afghan community is is a finance officer for the property. For the property. Yeah. Okay.

Uh to this date, uh a permit has been not been applied for to refurbish that existing building. Why why is that? Why hasn't the permit been uh been applied for? Um sir, we uh applied for the permit in November of 2025. Uh but that permit was uh we spoke with uh uh um Mr. Alvie, Mr. Alvie. Uh thank you. Thank you. Um and that is when we found out that you know that permit was supposed to be for temporary use only and it was not a renewable permit. Okay,

Mr. Mr. Chairman, just if I may clarify, um, so there was a a plan, uh, that was submitted in November, uh, which was for the Koko's building and it was to refurbish or it was showing exterior elevations, uh, of what the Koko's building would look like. Um, it didn't include any structural details or any comment. So, there was no permit to process. Uh, so that was, um, the information that I have related to the permit for the Coco's building. Um, separately we've been in contact with different representatives uh of the community uh with regards to the temporary use permit. And so I think the speaker is alluding to uh speaking to myself in uh November and December of last year indicating that the temporary use permit one can't be extended and two that uh you still have the legal ability to apply for another temporary use permit. But I was clear and concise in the fact that because of the building code restrictions that I'm not able or the director is not able to uh approve another temporary use permit. Um also tried to be clear that um it's also um related to equity and fairness. Um you know when we look at approving temporary tents they can be approved for up to 6 months but we need to be able to treat everyone equally and fairly. So, I would, you know, grant a temper use permit for anyone up to 6 months, uh, depending on the circumstances. Uh, but that, uh, we're not in a situation where we can, um, have the justification for extending that, uh, based on, uh, the benefits to the community. It's really related to the restrictions that are in the fire code and about those temporary structures.

Correct. Understood. Yeah. Yeah. Because it's a a gathering of, you said around 3,000 people. That's quite a few people. And if if anything happens there, it's really it puts the city in jeopardy for liability purposes as well. So, um, do you have any other questions? No, I I had a few more for you. I

uh first of all, I want to make sure you understand the work that you're doing there. Nobody the narrative should not be there. Nobody is talking about the work that you're doing there. It's good work. The problem is state law. And the further we get away from Sacramento, the less the the less power we have. And 3103.4 I believe it is talks about you can only have 6 months. And it becomes frustrating for us because we get handcuffed at times with state law. State law says we can do this regardless of what is actually happening. The issue I have personally is that street wallar um it it in my opinion that building should just be demolished. I mean it just needs so much work but that's if you want to invest in it that's you know totally up to you but there's a lot of work that needs to be done there. It's been 6 months. Um so I guess the direct question is and I know that there is reasoning that you have that why things didn't happen. So my direct question is what tangible efforts have you guys made to get more permanent uh situation cuz it's been 6 months.

Uh yes. Um uh can I answer uh Mr. Chairman's you know question first about the 3,000 people? Yes. community uh um in the community we have 3,000 people uh maybe more but uh uh in the tent when it comes to gatherings we don't have you know more than 3 400 people at a time. We only have the uh number of people that the tent can accommodate. Um and uh as far as the you know uh our you know uh efforts go towards uh remodeling and building the existing building there uh we have uh raised a significant amount of money to uh pay for the uh for the land. Uh we still have to you know pay a lot of you know a lot more but we're you know gathering funds uh we're in the process of gathering funds to remodel the building um with the city code um you know to the best of you know our abilities that we can. And please we are not asking to uh we're not asking to disregard the law but all we ask is for compassion and your support. Right. Any other question? Commissioner Circle.

Uh, out of curiosity, I was trying to recall where when I first came into the community, I saw an Afghan something and I couldn't tell you what. Uh, so is there another Afghan community center or resource space? Um, uh, my my friend Mr. Jawad Rahimi will speak about that but yes there is uh another organization that is also it's called Avan I believe Avran connection something uh it's the name is very similar so it's Afghan community connection something but this is Afghan community culture center okay so they're two separate things I I believe so and Mr. Joimi will speak uh more about that.

Okay. Thank you. All right. Um thank you very much. Appreciate. Thank you so much. Okay. Uh Laura, you have another speaker card. Are you wanting to speak next? Are you Rahimi? Okay. Uh yes. I'm sorry. Uh Muhammad Rahimi.

How do you spell Rahim? Uh good evening. Uh, my name is Muhammad Rahimi. It's R A H I M I. I am a proud Afghan-American living in Alcohon in San Diego for the last 12 years. Uh, first of all, thank you so much for giving us this opportunity. I would like to begin by saying one important thing. Afghan community, a huge Afghan community was forced to leave their country. They were rescued. They were brought to this country by the previous government. and they were about to live here, learn, grow and be part of the society. And I firmly believe that the goal of every single one of uh these leaders sitting in this hall is to empower communities, to improve our communities, and to allow them to live responsibly and peacefully. And when we talk about this tent, um I was uh listening to Mr. Ali about the reason that the request was denied. So on May of 20 on May 28 of 2025, the request was approved for 6 months and the community leader and president of uh the Afghan community Mr. Amin Zai was requesting an extension uh for another another 6 months it it it was denied. The reason is that the California building code I don't remember the section doesn't allow the tent to be used for more than 6 months. But here is the the the the explanation was because we are protecting the safety and security of the community. That's why it was not uh extended. But here is the heart of the message that we try to deliver today. The Afghan community, more than 3,000 families live in this city. They are trying to learn. They're trying to grow. They're trying to come together to know each other. They are trying to learn about the laws and policies of the United States. They're about to learn about their rights and responsibilities. They are trying to be abiding citizens of this country. And the tent was used

to bring all these people, the youth, the children of these 3,000 Afghan uh families and especially newly arrived Afghans to be produced as the next generation of leaders, doctors, lawyers, politicians to serve this city, this state and this country. That's why we requested the six-mon stent. We get it. There was a plan. We get it that it was told to the previous leadership that it's only for 6 months. We get it. We are we failed to, you know, find a permanent solution. But I'm trying to compare not following the California building code which is the ext not extending more than 180 days. But here I would like to ask you to think about the impact that the Afghan community is trying to make. We are partner of this city. We are trying to empower this city. We are trying to make it better and stronger by learning more by teaching our you know young gen generation to be you know police officers doctors and politicians like I mentioned. So that is the purpose and that's what we use this tent. It's not only about people to come and pray. We can pray at home as well, but we need a space for more than 3,000 Afghan families who are part a large part of this city who are trying to pay taxes, working hard and you know being actively actively playing in the building and you know uh improvement of this city and state. So that is what we are trying to do and if you extend the the the tent you're helping us to produce those educated

your time is up. Okay. Thank you very much. Thank you. Uh but a quick comment. If we don't get the extension, the 3,000 people will be prevented from exercising their religion. We will be prevented from producing the educated generation and doing this excellent job. Thank you. Thank you. Don't only don't. You have a question? Yes. Okay. Commissioner Ciro, do you have a question? I do have the same question. The previous speaker said you might be able to answer uh the other organization that's at somewhere else in Elone uh Lexington and Orange maybe in that area uh that works in the Afghan community.

There might be a lot of Afghan organizations not only in Alcohon and San Diego but across the state and across the country. But when we are talking specifically about the 10, it belongs to the community. It belongs to 3,000 Afghan families who are coming with their wives, with their kids, with their children to learn about this country to be abiding citizens of this country. This is the unique production of this tent. Okay? And this is a unique business of this Afghan culture center that we have the leadership present here.

So none of that's being provided at this other facility. Well, if we have any other Afghan le and Afghan based organizations, they may do they may play which I'm also part of one of the nonprofit organizations. But the the the work that we do is totally different than this community because this is about empowering the whole community and when we do something from a nonprofit organization is just providing like temporary support and service which is totally different than what we are doing at this large community. Okay. Commissioner uh Edison, do you have a question? Oh, Commissioner Pollock Rude.

Yeah, I just have a question because I you I appreciate your passion. I do, but as somebody who does has been in charge of many things and I know you guys are trying to create a community and have that support for them and you had the six months for that tent and I know that you have a lot of nonprofits and other people that can kind of compact the money to maybe find a more permanent solution for this to continue. I because it is a service that is needed and we're not trying to downplay the fact that the surface isn't needed but we need to have it in a space that is legal and that's part of being an American citizen is kind of trying to find find how we can get the profits and the things put together and the backers and you know whatever sort of funding you can get to get even a temporary situation or maybe partner partner up with another space to be able to still do everything that you do but in a space that's up to code for the city of Alcohone because I I don't want you guys to stop. I'm just we're just trying to figure out a solution of how you can continue but in the space that is going to work for code compliance.

Thank you so much. This is a wonderful comment. I would like to remind you that while we are asking for an extension, we are actively working on, you know, restructuring and planning and getting the approval from the city officials to to have that permanent solution. Mhm.

The president of our community is present here. He's actively working with the engineers and they already contacted the city officials. So, it's a kind of ongoing process to get to that permanent solution. While we're focusing hugely, the leadership is focusing on that. We are trying to have this extension because in the next 15 days, there will be the first day of the month of Ramadan where all Muslims are fasting. So, this is essential to we for us for our communities to have this 10. So, at the end of the day, people are coming together, they are, you know, breaking their fast. They're getting together and this is part of our religion and our community. We are actively working on the permanent solution while acting disintention for another 6 months.

No. And I understand but I know that Noah had discussed that nothing has really been brought to them about how to restructure the the because you guys have a building right there that might need a lot of work but to try to get the backing to make a permanent structure there. So you'll have something that's code compliant. And if there was something already brought to the table with a permit or something, we would know that there's an ongoing process to try to make a permanent solution. But right now, making another six months of attempt, not saying that that's a bad thing, but I don't know where the forward progression is to find a permanent solution, you know, if we, you know, because I know you said you guys are trying, but I just don't know what has been brought across the desk the desk of us, you know, trying to make this all work for you guys. I I promise you on behalf of the community, on behalf of our leadership, I promise you that if we get the extension in the next 6 months, the leadership will be actively working with the city officials to make the plan and to move forward and to take the next step for permanent uh solutions.

Commissioner Pollik, uh there's other cards that other speakers like to hear speak. Okay. Okay. Thank you very much, Mr. Okay. Yes. Yes. Muti Nawabi.

Good evening. Good evening. My name is Ahmed Shakib Nawabi. How do you spell Nawami? Did you say Nawabi? N A W A B I Okay. N A W A B I Nwami. Thank you.

Nabi. Yes. So um myself I've been involved with this community also and um I've been here in San Diego since 91. I graduated from Mont Miguel High School went to Quamea Gman San Diego State and uh I lived all over San Diego but I'm actually involved with this community here supervising them in many things of like Jewish prudence Islamic different things to help the community galvanize come together. uh as you said there is many organization of Afghan community in alcohon but they are working for some specific purposes but this is where the mother organization that is providing u all kinds of resources to Afghan communities Afghan people in Alcohon city um I mean or if you talk about the prayers or educational uh or many other services that is there uh people who are coming in that congregation In that tent there is gathering they're providing that uh almost uh you know for the sake of service only uh so because my involvement with them also was there and obviously I came at the end part of it also but just to let everybody know they are actually because in financial crunch they need financial so resources because of that this thing is lagging us has taking this much time as you all know they they are all immigrants they have just come recently. They really didn't have a lot to come with and most of them are working as uh you know Uber drivers, Uber Eats, Amazon drivers, all these different things. And again most of them are you know uh getting mostly you know help from the you know uh uh what do you call it health and human services also because of that they don't have that financial backing in order to actually purchase the the property

hasn't been purchased completely yet. It is going there is a there's an understanding between the owner and this organization that you know they will come up with the money to purchase their places but they are allowed they have they are working on architectural design of it also electrical design also because what what I think Alvi was u if I'm not mistaken I was I did not meet Alvi but they met some people in the city and they said that if you submit these designs architectural structural plumbing all these things then the consideration will take place for your permit of extension also. So um they're working on that also they're working with architecture also and they're preparing I think electrical and plumbing designs as well so they can actually move forward uh with the you know getting that permit and also collecting money at the same time so they can you know make a final deal and uh start the construction of that building. Thank you very much. You're welcome. Okay. Uh, good. Okay. Next, next speaker, please.

Mr. Al Paulus. Excuse me. Good evening.

Hi, my name is Al Paulus. P A U L- Us. And I'm not sure if it's possible, but for illustration, is it Can we get that bird's eye view of of the Yep. that one there. So, um I am um uh a neighbor of this property, the one that's under the subject's site little uh sign, that block right there. We're probably about 30 ft from the property line there where that arrow is pointing. And uh I'm the president of the occupant of that building. um and also the managing member of the LLC that owns that property. We've been there for 26 years and uh it I remember the days when it was Coco's and it was uh you know a vibrant business that eventually closed unfortunately and soon fell into disrepair and as a consequence it attracted homeless breakins and the the the property became really an eyesore. more. As a result, we we were forced to put in a perimeter fence to keep our property secure. Um and um then uh you know they they had to put up construction apparently they were trying to do something and they were required to put construction fencing up there. Um and and uh then the next thing was the construction of the self- storage space next door where they came and parked a great big construction trailer right

about where that tent is now and that stayed there for about a year. Um, and then the next thing we knew, as soon as that one was gone, we have this huge tent that's at some point within a couple feet of the property line. Um, it's I understand it's a temporary structure and as a temporary structure, it's not really very appealing. In addition to that, and it's a little bit hard to see, but towards the northwest corner there, there's a another shed of some kind also there, the gray one. And that's our building immediately behind that in the background. Um soon after the property was occupied, um it, you know, became apparent that they were using it for to conduct religious um uh celebrations or or or you know, meetings and using um amplified loudspeakers to conduct those uh meetings and as a result I thought it was uh objectionable. I tried to go over there. I I was only met with a young man who really didn't wasn't able to discuss anything with me for language limitations between us. Uh, so I decided to file a complaint, a noise complaint with the with the city and uh I'm basically at my wit's end with this property. It's it's uh really now uh 6 months at 6 months. It's it's been 8 months later since they've uh occupied

that and there's not even a prospect of of having this done in the next 6 months should they get an extension. So I respect their willing wishes of whatever that they want to do. It's within totally their right that I respect that. However, they have to respect our property as well. I mean, if you look at the at the uh bird's eye view of that long big property, this thing ended up right next door to us. It may have been, you know, maybe less objectionable if it was further down, but it's it's right there. It's within literally two or three feet of the property line. And you know, they you know, I that's really what my objection is to it. It's time for us to try and enjoy our our property here without this uh structure there any longer. Okay. Okay, Mr. Palace, thank you very much. Appreciate it.

One more card. Mr. Amen. Good evening, honorable member of the Council of Alahan. My name is Baktar Amin, president of the Afghan community, ex- senator of Afghanistan. How do you spell your last name? Uh, Amin. A M I N Z A Y.

Okay. Thank you very much. It's a great great pleasure that uh I am here in front of you and uh as uh my colleagues and my friend explain everything. I just want to bring in your kind notice that uh before of buying this property we emailed to the city of Alkahan that the Afghan community is doesn't have any own property and we are in rented uh small office in Lexington uh Avenue and uh we want to buy this property uh if uh you can see for us if it's allowed for our purposes what we are doing like uh religious education and gathering and we receive a email uh no objection number one. Number two, uh the Agon community is shoulder by shoulder standing and helping and this is our promise to make our city of Alkahan great not only in uh teaching our new Afghan and kids and women those are migrated from Afghanistan and the education door is closed for the women in Afghanistan and it's a very hard for us to see uh and we are seeing some female kids they are coming and learning in this tent if this tenses collapse we have the same experience in Afghanistan unfortunately Afghan community is doesn't have any funds if we were have a funds we will buy a big building and now we are

collecting from the refugee dollar by dollar and paying to the honor and we buy this property and self finance. Uh we are around 100 educated high qualifi qualification educated people volunteer including me and we are not have any salaries. We have a dream to see Alahan in a future one of the progressive city business-wise, education wise and good neighbor. Our people is new and it's take time to educate them. But we are success until we are doing now. I am the witnesses. First time I come to this city in 2005 when I come newly to the senate of Afghanistan. I was visit here for two week. I have the good picture of 2005. But now I am seeing in this side city a lot of businesses. We are encourages our business people to establish their own businesses. The main purpose of the Afghan community to educate Aban and send them to the higher education.

Yeah. Your your time is up. Yeah. So we our request is to extend the tent and we as Mr. All is say we totally stop the loudspeaker known more from the last one month when we hear from Dr. Baranuru who is the Kaldian community director he he called me. So we are promised. Yeah. Your your time is up. Thank you very much. Okay. Thank you. Anybody have any questions? I have questions more for the fire. Okay. Very good. Thank you very much. Okay. Thank you so much.

Okay. Uh no other speaker cards. There are no more speaker cards. Uh, is fire marshall here?

Hello, Mr. Fire Marshall. Good evening, commissioners. Kenneth King, fire marshall for Heartland Fire and Rescue for City of Elcohone. Kenneth King, K IG. Yes, sir. Okay. Uh questions. Commissioner Ederson. Yes. In regard to 3104 uh building

in regard to the California building code 3103.4 which is the temporary use permit. What problems do you see from a fire marshall's perspective as far as safety? What problems do you see with extending something that is supposed to be so temporary regardless of what activities happening there from your perspective from your arena? I if the the commission will give me just a little bit of leeway, I'll kind of start from the beginning uh to to kind of frame where we're at and why we're talking about these code sections. The fire code and building codes that we're talking about come from the International Code Council, the International Fire Code, International Building Code. That's a code that's adopted by a consensus standard after considerable public hearing. That code is then adopted into the California Building and Standard Commission uh standards. Th this is all a prescriptive process with uh a lot of input from a lot of different interested parties which lands to these specific code sections specifically the one referenced 3103.1 which talks about this 180day limit. The two issues that we look at is that when we look at temporary facilities we don't plan for permanent uses. There's passive features, active features that are required and absolutely critical um on permanent structures. We also at this particular site have a generator and temporary electrical. So those six months triggers are tied to a lot of the studies and the statistics that we have relating to the permanent versus temporary generators, temporary cord, permanent power, permanent electrical cord, those types of things. To round this off, where we get with a lot of these these codes is is comes from statistics and studies. Um, looking at the different studies for this, when we look at temporary electrical, um, every year we have about 16,000 nonhomemerelated electrical fires. Uh,

of that, that results in 22 to 23 fatalities, depending how you look at those fires. So when we look at temporary electrical versus permanent, those are the stats that drive us to look at some of these requirements. Additionally, when we look at specifically places of worship, um we have annually about 650 fires at places of worship, 33% of those typically revolve around cooking sources. Um in the city, we've recently had two fires with restaurants. So, one of those types of things where we have these types of communal gathering and we have any type of food distribution, food preparation, those codes are absolutely critical and when we see that they're not uh adhered to, we do we have the potential to have fires and and that's what the codes are bases on. That's what we're looking at when we look at it at 180 days for temporary structures. And then if it's beyond that, we should be looking at the codes, what is given to us from international codes to state California building codes on what would be the minimum requirements for uh permanent structures and uses.

Very good. Thank you. Uh yes, Commissioner Rose. So you're saying that this this current um tent doesn't even have actual power. They're using a generator and extension cords. the original uh application and our inspection that we conducted for the temporary use permit included the information for the generator and the temporary cords. So we haven't been out there to verify to provide power to this type of structure. They would need to get electrical permit through building and safety would need to be inspected and meet the minimum you know electrical codes.

Okay, great. Thank you. Uh yes, Commissioner Pollock Bruners themselves, but doesn't have to be a certain setback or something for any walls when it's a ten or does it matter because it looks like it's awfully close to the wall itself on the back of the property line?

So when I mentioned the the passive and active features when we look at building codes and permanent structures, absolutely when we talk about permanent structures, there are specific guidelines for types of constructions and setbacks. However, when we look at temporary structures, because of the nature of them, temporary, we don't have those same requirements for fire resistive rating and and those types of things. The fire code because it is temporary is very specific. And the separation requirements we do have revolve some around cooking, um some around distance to vehicles. However, we don't have a comparative uh setback for for lack of a better term for these temporary structures because they're in essence temporary and we don't typically require the same exhaustive, you know, uh requirements for permanent structures. But yes, if it a permanent structure, we would be looking at those setbacks, the building setbacks, you know, they have mitigations for higher resistive ratings, you know, better construction, you can be closer to the setback and and that's not taken in account for these temporary structures less than 180 days. Yes. Any other questions? Commissioner Circle,

I don't know if you've been around very long in Elcohone. Uh, Shadow Mountain used to have permanent tent structures. I work at Shadow Mountain. I had to help with lots of different features in there. One of which was we had to run pipe for the fire suppression system inside the tents. We had wired electricity, hardwired electricity, but we were also running off of buildings that already existed. So, it was kind of a tent between buildings and had permanent lights wired in to a fuse box and all the it was all all covered by the building code. Um, so I've experienced one form of permanent tent. I don't think it was actually labeled a permanent tent, but for all purposes it was. It had to be covered by the building permits. We had to get the fire suppression system with all the sprinklers. We had to have the outlets. Everything was grounded. We had the switches. We had drains. We had We went through even more hurdles when someone wanted to put a coffee shop in the tent. And man, that was rough. um what sorts of things would we be looking at to convert a temporary tent into a permanent tent? So the concept of memb structure is is addresses those types of things where we have kind of what looks like a temporary tent but it's a we call it a membrane structure and as you said um basically membrane structure would typically still have to follow uh quite a few numbers of specific codes specifically for an assembly occupancy with more than 300 people. Even if it's a membrane structure, you would still be required to install fire sprinklers to adhere to the national um standards for the fire

sprinkler design, construction, that type of a thing. You'd also have to comply with the current electrical codes for electrical safety. Um install the permanent fixtures, the circuit breakers, identifications for those types of membrane structures that don't fall underneath the six-month um tent rule. Um you know, and again, just as as to cap, our our heart does go out to to the refugee community. However, we're charged with keeping everybody safe. And again, these are standards that aren't come up from the city of Elcohone, from our fire department. They they come from international and state um consensus process.

Thank you, Mr. Chairman. If I may just add one item there, the uh I would also emphasize that there are provisions in the zoning code where maybe something appears like it's a tent. So, a lot of times you'll see in um like as an example at um like a park, you'll see um poles that are um you know structurally uh attached to the ground and then they'll stretch temporary membrane structures for shade purposes in between those. Uh similarly in commercial zones, you'll see um uh designs like that for shade purposes. So although they have the appearance of a tent, they're still uh approved through the building code and evaluated through zoning code uh standards and then permitted and approved.

Commissioner Pollock Road on Okay, thank you. Um there's no setbacks or anything for something that's under 180 days. But if they are asking for another extension for 180 days, then we're kind of beyond thatund day under. So it shouldn't fall under new categories where it needs to have certain things. If it's beyond a sixmonth period, I mean those different codes should come in into play. Then at that point,

um, just to to answer, you know, briefly, the the code is very specific as far as either you're a temporary tent or your a permanent structure and and there's specific guidelines for for both. So, okay, you know, anything past that, um, I definitely defer to our very, um, intelligent, knowledgeable building official who has as much at stake as this. I don't want to speak entirely for him. Um and then for the city as far as the delineation between temporary and permanent however there is no there's no application of the code where we can take a temporary and start applying permanent features. It's typically your a temporary tent or membrane structure. If you're permanent structure then the the list is extensive of those passive and active features

which actually may also include fire alarm in this this in this scenario. Perfect. Thank you. Thank you. Any other questions? No. Okay. Thank you. I appreciate that. Thank you. Uh does the building uh inspector do you wish to speak? Do you want him to speak? No. You're good. Thank you very much. Okay. I u I move to close public hearing. Second that. U motion made by Commissioner Sautille, second by Commissioner Morose. Please vote. Pardon me. Uh, public hearing is closed. Um,

you want to reopen? Oh, we didn't vote. Yeah, we haven't voted yet. Oh, okay. I voted already. All right. All right. Um, let's reopen public. No, it's Is it closed? Uh, no. You may reopen the public hearing.

Okay. Reopen public hearing. Uh, come forward. Thank you so much. I just wanted to clarify uh two things. Uh one was for the amplified speaker. Uh we definitely have taken care of that and we're not using it. When we heard it, we stopped using it and I assure the the commission and our neighbor that it will not happen again. The second thing I want to clarify is you know food was mentioned that there was a distribution of food but we bring food from uh the San Diego food bank and we don't cook anything there. We just distribute what we get from San Diego food bank to the refugees to the needy families. Thank you so much.

Thank you. All right. Uh comment now. Sure. So that the the fact that the speaker is there or not doesn't matter. We can still hear their um meeting going on because of proximity of the of the structure to our uh fence line with between us and them. So the speaker, you know, helps not to have that, but it's not the end all. Okay. Thank you. Thank you. All right. I move to close a public hearing. Second.

Okay. Uh motion by Commissioner Sautille, second by Comm Commissioner uh Edison. Please vote. Um Mr. Ciro, I haven't quite got your vote yet. Motion carries by unanimous vote. Mr. Chairman, if I may, just before uh the commission starts deliberations, I'd just like to clarify a couple things for the record.

Okay. Um the uh the zoning for the property is the general commercial zone. Um so uh it does permit uh residential excuse residential I apologize uh religious activities uh by right. Um so all that's necessary to move into the existing building is a building permit in order to get occupancy uh within that building. Um so if any of the speakers had contacted us that's the answer that we would have provided which is religious activities in the general commercial zone are permitted by right. Um, again, I I want to emphasize uh that we uh fully understand and want to support uh the constitutional exercise of their of their rights. Uh we have no objections to any of the activities that are going on there. Um the only objection or concern is that they're occurring in a temporary tent and that is not allowed under the California Fire Code. Um our ordinance adopts the fire code by reference. So, it's a direct violation of the fire code and it's something that we can't approve. Again, we want to encourage them to look for a permanent location. Uh when speaking uh with with them uh prior to this hearing, I encourage them to utilize their funding and resources to find a temporary uh permanent or a permanent location where they're inside of an enclosed uh building where it can be authorized.

Thank you, Mr. Chairman. Okay. Sure. Thank you. Uh yes, Commissioner Rose. Thanks. Um, so when it comes to the location of the tent, how did that I mean, we talk about setbacks all the time. We're all pretty much familiar with them. How did it be that it was so close to that other that other business? How did it get put there? uh it was being erected without permits and that was where it was being erected when we uh first observed it and then when they came in to look at options for getting a temporary use permit. Um it was reviewed by the building official and fire marshal and determined that we could approve it there on a temporary basis

because it's temporary. Secondly, did you just say that technically they could get a permit to occupy the old Koko's building for religious use regardless of the condition of the interior of that building? Uh what I meant to indicate was first is that zoning regulations uh say that that is a permitted use at that property. Okay. Based on the zoning uh the existing building um was uh modifications were made to the building without permits. So they did interior demolition activities and that rendered the building um not able to be occupied. So there's some structural concerns about what's happening in the inside of that building. um if they were to come in and uh get a permit and uh upgrade the building so that uh it meets all the occupancy standards, they could uh begin operating there by right.

Okay, great. And as far as you know, no permanent power has ever been supplied to that tent because it is temporary. Uh correct. So there is a generator possibly running the power still? Yes. So the temporary use permit was approved. It was inspected by uh the building official and fire marshall. Um I think the fire marshall testified that uh since that original inspection uh there's been no further inspection. So I'm not u precisely uh sure about the existing conditions right now, but that's the way it was temporarily approved. Okay, great. Thank you.

Okay, so um I just want to comment that this narrative is we're getting a little off narrative. It's it has nothing to do with well to a certain extent it has nothing to do what's happening in the tent. I am 100% for freedom of religion. That's what this country is built on there. And you're doing good work there. That is not at least what I saw in the report that was never a mention of what's happening that it's good work. The the staff have never said anything about that. The problem is 3103.4 four, which talks about what should be happening, if that tent should be there at all. So, I just want to make sure we stay on that narrative. We're not talking about whether or not you're doing good work. That that's without question. The problem that what I'm seeing is is that it it seems to be perfectly blunt. We're pigeonholed. It the state law is pretty clear. Um what your question brought actually brought a aha moment. I I mean to there was demolition side of the old cocoos but we've seen that before where it could be renovated and and remedied fairly quickly with the right funding and and right personnel. Um the tent moving the tent out of there into the coco seems like the be the old building would be better suited than keeping this tent going. I also will also agree with the neighboring business. Being a musician myself, yes, getting rid of the speaker, yes, you you bring down the decibel level, but it may not be sufficient enough for your your neighbors. So, um, that's just why I wanted to make sure it was on the record that the city of Elcohone is not saying that you're not doing good work. The city of Elcohone is not saying you can't do your good work. It's just are you doing it in the right manner and is it compliant with state law. That's what I wanted to make sure

that's on the record. Okay. I I think this is not the first time we've been in this situation where there's something vital to our community that's going on, but state law doesn't give us the opportunity to say yes, keep doing it. A temporary structure has 180 days. Um I nine months

I it has been longer than six months. Um the community is currently in the process of purchasing the land. They do not currently own it, but they are working towards that goal. They do not have the money to renovate the building because currently their funds are going towards buying the property. But whether or not they can afford to renovate the property, the city cannot allow the tent to continue. It's not in our jurisdiction to say continue. We can't continue a 180day tent for another 180 days. Um, and I'm I've been trying to think, is there any other workaround for that? Like if the tent were taken down, a new application for a tent to be relocated in a new location on the same property, would that just extend the problem or would that be an issue because it's on the same property? And maybe staff can answer that.

Sure. I I think there's uh a number of solutions and we would be staff would be happy to work uh with the uh applicant or property owners in this in this circumstance to look at um a wide variety of solutions. Um the intent really in the temporary use regulations is not to allow a temporary activity for more than 180 days in any circumstance. So um I would be reluctant to recommend approval of a a separate a second temporary use permit with some other configuration. Uh but I would be willing to work with uh them on other options in conjunction with you know getting partial building permits for the Koko's building or other potential solutions.

Okay. Yeah. The ideal solution is of course for them to move into the building that exists there and I would hope that they are able to do that quickly but we have our hands tied as far as the tent goes. Correct. Uh anyone else? No. No. Okay. All right. Um I did everything that my fellow commissioners uh have said. However, here you know um compassion is important especially in church. However, here uh as a an authority of the city or somewhat of an authority of the city uh we need to be fair for everyone everyone in the community and uh we are unable to set a precedent because if we give leeway to one person or one organization, we have to give leeway to other organizations as well. And the law is very specific. It's 180 days is the is the rule and we can go any further than that. So we we uh here as a commission I don't think we should set any other presidents than the than justice. That's what I'm saying here. So I'm going to um make a a motion. Um I move to adopt the next resolution in order denying the appeal of the director's uh decision.

I'll second that. Okay. Motion by Commissioner Sautille, second by Commissioner Rose. Please vote. Motion carries by unanimous vote. Thank you, Mr. Chairman. And then for this item again, uh the appeal extends through, uh the 17th of February. Okay. So, you can appeal it until another appeal to the city council. You mean? Yes. Any decision by the planning commission is open for appeal? Appeal, right? To the city council. Again, I would indicate that our staff recommendation would be to conserve their resources and allocate those towards their mission and finding a permanent location.

Permanent location. Very good. Okay. Thank you. All right. I'm going to use my phone. Sure.

Thank you so much. Welcome. Okay. The next uh item is the election of planning commission chair and vice chair. Yes. Uh Mr. Mr. Chairman, if I may, in conjunction with that, I just want to offer congratulations to you. Sorry. Uh so, Mr. Chairman, I just wanted to offer congratulations uh to uh with regards to your reappointment to the planning commission by the city council at the last city council hearing. So, another four-year term. Thank you. Welcome back. Yes. Thank you.

And then uh this item is uh just for the annual election of the planning commission chair and vice chair. uh we don't have a set procedure but there has been a rotational basis uh that's been done by the planning commission in the past and so I will leave it to the commission to deliberate. Thank you. All right. Well, with that being said, I'd like to to make a motion to uh nominate Paul Ciro to the chair of the commission. Second that. Second that. Okay. A motion made by Commissioner Rose, second by Commissioner Pollock RDE. Please vote. Motion carries by unanimous vote. Thank you.

And uh I want to make a motion for co-chair Commissioner Rose for co-chair. I will second that motion. A motion made by Commissioner Sautille, second by Commissioner Ciro. Please vote. Motion carries by unanimous vote. Welcome. Great. Thank you, Mr. Chairman. Uh, under other items for consideration, there are no additional items from staff and, uh, no staff communications this evening.

I have one question. Um, the property behind Home Depot, the mortuary crematorium. I've noticed the building is undergoing changes. What's going on? I'm excited. Uh they are moving forward with construction. So their permits been issued and they are um starting construction. Is it my imagination or has the building gotten deeper?

Um I have only observed the building from Kugan. Um the there was some modifications uh from the Kugan side of the building which kind of opened it up uh which could lead to that effect. Um but I don't there's no additions to that side of the building. I was coming back on 67 taking the off-ramp to eight and just out of the corner I was like something is different over this I was gonna ask and that's awesome. Thank you. All right. Okay. I'll move to adjourn. Commissioner reports nothing. Oh

no. Okay. The commissioner Okay. I second it. Uh commissioners uh circle made the motion. I second it. Please vote. Motion carries by unanimous vote.