Planning Commission - Regular Meeting

All right. So 603 called the meeting to order. Can I get a roll call vote?

Commissioner Rodriguez?

Present.

Commissioner Perez?

Present.

Commissioner Belong?

Present.

And Vice Chair Hernandez?

Present. Thank you. Okay. I'll 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. So item number four. This item is specifically for anything not on the agenda. So this is the time for the audience to speak. So do we have any speaker calls?

I have one speaker call, Samantha Lopez.

Hello, I'm Samantha Lopez addresses 1400 Cavalier Lane and I wanted to come to the Planning Commission. Once again, I've been here before on behalf of Allen loans appeal, which got approved. And I'm here because I'm still dealing with the same issues that I had before, dealing with citations on my fence. And I was just hoping to come here and get some guidance and speak with Erica. The last person I spoke with was Eva Kelly, and she had told me to reach out to her, but she's no longer there. So I'm just here hoping I can get some guidance on the fence extension issue that I had before.

um we can't really give a comment back but uh you can reach out to us and i'll acknowledge i did get your email i read it and uh we're definitely interested in hearing um further what's happened from the last time we had our commission yeah i'm hoping you can just get some guidance on how to get it on the calendar what steps to take next okay thank you guys thank you So, um, in one hour. Okay. Um, so the only consent items is our April 23rd minutes. Um, staff report on the minute. Is there any, any, uh, I'm sorry, the, the, um, commissioners, unless there's any questions on the minutes, I want to make a motion to approve them.

All second.

All right. All those in favor?

Aye. Aye. So for the record, all abstained.

That's 3-1. Still passes. So now for public hearing, I actually would like to do a quick survey. How many of you are here for the charter school? so if the commissioners would agree i'd have to get a vote we could move that item up so that way we can get a chance to have that conversation it might be a little bit more thorough than the other items um so can i get a motion please to move the to move 6.3 uh in front of 6.1 i'm making a motion to uh move 6.3 um to be the first agenda item can i get a second second all those in favor aye

Aye.

Okay, now so we can get staff report on item 6.3. Yeah, ready to go.

Okay, good evening. Brendan Coy associate planner. Oh, what's There we go. Sorry. These are both my projects. There we go. All right. The project before you is navigator charter school. It's conditional use permit on 25 dash one and second architectural review 2025 dash shape. Projects located at 491 Tres Senos, the site of the former Kmart department store. This image shows the entire parcel, the location of the Kmart and the parcel for the property. So the project proposes to convert the now vacant Kmart department store for use as a charter school. The project consists of improvements to the interior of the facilities. Those improvements will accommodate a total of 1070 TK through, that's his eighth grade, but through high school students. there would be 8 400 square feet of office space in the parent center one of the next slides will show the floor plan with these improvements there's 24 elementary school and 17 high school student classrooms and that accommodates the total 1070 students Other improvements include a play area that's roughly 18,526 square feet. There's 192 square foot trash enclosure. There's frontage, there's landscape improvements to the frontage and the parking. And there's also parking improvements to accommodate the increased traffic. So the conditional use permit is the use of the two for use of the school in a commercial zoning district and the site and architectural review applies to the proposed exterior improvements, which we'll see in the following slides. So this is the site plan. This shows the you can see it's a little hard to see because of the captions. But you can see the play area off to the west side, kind of the southwest side of the building. And then you can see the parking and then some of the improvements, and there'll be more detailed plans in the following sides. So this is the floor plan, so the West side of the building in yellow that's the office space and parents there blue is elementary So those are the classrooms. And there's cafeteria there's a library and other uses and then the pink it are the uses for the high school. The elevations to the building are largely unchanged, with the exception of, I believe, 59 windows, and I think there are roughly 9 doors. The project proposes windows to The north facing elevation, which is the entrance to the Kmart building there are windows on the south side. And then in this you'll see that there are windows on the north and the addition of doors on the east elevation. And so landscaping the project proposes additional landscaping along the trace penis road and lab lane frontages currently there's some trees, but it's. sparsely landscaped. And. You know it. needed improving. So this project proposes the addition of trees, also shrubbery, grasses, ground cover, irrigation improvements, and that's for the street frontage and also the parking peninsulas and parking islands in the parking lot. So this is the frontage and the primary parking lot. This image shows improvements along the Lad Lane. And then there's also landscaping improvements for the retention basin, which is next to the play area. So the project meets pollisters minimum parking requirements. The there's a total parking required are 201 spaces. And even with the proposed improvements, there are still 298 parking spaces available. So the project provides plenty of parking. When we did the review, the proposed the project we determined that the project needed uh traffic impact analysis and circulation analysis due to the change in use and the change of traffic that came with that so we contracted with the city's on-site engineering services contractor kimley horn they performed the traffic analysis they looked at They looked at bell schedules, they look at student enrollment. All the data that was provided by the applicant and they came up with recommendations for improvements to the parking lot to accommodate the increased traffic. So these are just some of the kind of the key improvements, but Kimley horn recommended raised concrete pedestrian walkways. additional accessible parking race crosswalks on-site on-site vehicle lane striping so restriping new parking spaces and existing parking spaces speed bumps bike lane domes on lad lane for improved safety for the bike lanes pedestrian barricades so pedestrians aren't walking in the middle of traffic Improve street markings and signs. One of the other recommendations was that parents would be provided with educational materials. So upon student enrollment, parents would be provided with instructions for where to enter, where to exit, how to navigate around the site. So this is the site improvement plan that Kim Lee Horn provided. It's a little hard to see, but the yellow the yellow hash marks that's re striping existing crosswalks and striking of new areas, especially in the The the driveways coming in, the driveways exiting. There's that little green image. That's the protected bike lane on Lad Lane where they put in the speed domes. There's also a raised pedestrian pathway, and that's in blue. And so that'll go from the parking lot and create a accessible path, but also a safe pedestrian path to the entrance of the building. This is the circulation plan so again it's hidden behind the captions but traffic will enter in from the southern lab lane. driveway at the rear of the camera building. It will go along the building. It will circle north, and then it'll it'll go east. And so traffic in the outer lane can exit to Trispenius Road. Traffic on the inner lane of circulation will exit out to Lad Lane, and then take a right. And this was a combination of feedback from Kimley Horn and then our city engineers determining level of service and how to minimize impacts to pedestrian traffic, the vehicle traffic. Lab Lane Elementary School is south of this location. So that traffic was taken into consideration. And of course, the traffic on the Tres Pinas Road. So zoning the project complies with the zoning it's permitted with approval conditional use permit. The project also complies with the requirements of Chapter 1718, which is the city's bicycle and parking. Those ordinances and these improvements, a lot of project to comply with that. A complies with the general commercial designation, general plan designation based on these land use policies. So zoning clearance with approval of conditional use permit, this use would be allowed. It also revitalizes an otherwise unused or underutilized building and provides some beautification and upgrading. It complies with sequel. It's exempted from sequel based on it being an existing facility. Also, there's not an expansion of the facility. It's primarily in interior improvements and then exterior improvements to landscape in the parking lot. So it's exempted based on the existing facilities. So in conclusion, complies with zoning, complies with the general plan, and traffic impacts will be mitigated by the improvements presented. So you have a couple options. First, you can adopt a resolution approving the Conditional Use Permit 2025-1. With the conditions of approval, maintain in the draft resolution. You can do the same for the site and architectural review 2025-8, also with findings and the conditions of approval contained in the resolution. You can adopt both resolutions for the conditional use permit and for the site and architectural review with findings and conditions as modified by you guys. You can deny the project, or you can continue it, you can direct staff to provide additional information clarification staff does recommend that you select option one adopt the the resolution with the conditions of approval. containing resolutions. No, we recommend you adopt the conditional use permit and the site and architectural review yeah yeah and both have their own conditions.

And if the country yeah.

The first speaker is Gary White, right?

I'm Jerry Wright and I live at 421 Irma Drive and I spent 30 years as a school administrator or teacher and I feel that this is a very unsafe environment for children to be if I don't know when your traffic study was done but if you happen to be going out on Lad Lane anytime from I'd say, because I go to the gym at that time, and from any time from eight to nine, that you get to traffic from all the Lad Lane students going down, and you get the traffic for all the Lad Lane parents coming back, and you get the traffic for all the high school going down the main street, Tres Pinos, walking or driving. And, not to mention the Safeway traffic there have been in the last four weeks three accidents right outside between Safeway and and the online lane and it's not a safe place for children I don't know when you did your traffic study like what. time of day or how long it lasts or something. But there are definite times when that's not a safe place. And it's hard to imagine that they're going to have their children coming to school at 10 o'clock or 11 o'clock because most schools run on the same schedules. I just don't think it's a safe place. And I think that it needs to be rethought. And I also know that that building was originally scheduled for commercial use. And this is not commercial use. I have a question. Who's paying for all the renovations? Nobody? Okay. Well, could you write it on a paper? Anyway, that's an interesting thought because I don't know if the school district is buying or the navigation charter school is buying the building or whatever, but it's going to be a very expensive project. uh expenditure to do all of that that they're planning to do but my main thing is i think our schools need to be we need more schools but i think they need to be in safer places thank you the next speaker is caprice young followed by victor gomez

Hi, my name is Caprice Young. I'm the superintendent of Hollister Prep and Hollister Prep is a public charter school and we are authorized by the Hollister Elementary School District. In fact, we were just recently renewed for seven years, which is the longest you can be renewed for. And our students are the same demographics as all of the other students in Hollister Prep and our academic scores are consistently consistently high and consistently higher. And we have very dedicated student body with very dedicated parents. And as a public school, we are very much part of the whole community. But in Hollister, here, you know, we're having a lot of growth, obviously, and the school district can no longer can no longer have space for our schools. In fact, so much so that this year they've asked us to move all of our middle school students off of the R.O. Hardin campus that we've been sharing all the way across town to Mays Middle School. And despite all of the inconvenience and difficulty that causes many of our families who have students who walk to school, we're doing it because we're part of the community. And at the same time, we have this long term plan of being able to have our students all together in one site, hopefully with the high school and If you were to approve this conditional use permit, we would then be able to go negotiate with the lease, the not the owners, but people who control that building transform co to be able to get the right to turn it into a school. And that process would take quite a long time. It's very likely that if you approve this CUP, the school would not be completed and ready to be used until 2030. So it takes a long time. And we're starting early. And just to answer the question is that we would, as a charter school, we would issue public bonds that would not be required to go to the voters for approval because the money to pay for those bonds and the $29 million that we expect it to cost to do all of these improvements would come out of our operating funds over a 40-year period. That's how it would be financed. So the CUP is the start of the process, although we've been working on it for three years and not at all the end. We really sincerely hope that you will vote yes. And we're obviously willing to comply with whatever conditions the staff has selected. And I'm here if you have any questions along the way. Thank you.

The next speaker is Victor Gomez, followed by Jeff Dobby.

Awesome. Thanks, Daisy. Mr. Chair, members of the Commission, Victor Gomez with Pinnacle Strategy here representing Navigator Charter Schools. Happy to be here before you. It's taken us about three years, as Capri said, to get to this point, but we're really happy with the process. Certainly want to thank Brendan, Erica, and of course staff for all their work behind this. The traffic study was certainly something that we had taken into account and we wanted to make sure that we were going to be as friendly neighbors as possible. I'll tell you, I've been approached by a number of big box stores that actually thought about maybe taking this location. But unfortunately, for a variety of reasons, generally around traffic, it wasn't going to work at this location any longer. It did work for Kmart, but unfortunately, that was, you know, 30, 40 years ago. And that use... unfortunately, I think would probably be even more problematic in that area. So anyway, we're here to encourage you to support our conditional use permit, our site and architectural application. As Capri said, it's going to take us a couple of years to get things done. These are significant improvements that we will be making to the school, but or to the site. But the operations I'm sure you would be all satisfied with. In addition to that, the high school, as we all know, is seeing some overcrowding. We did negotiate, or I did negotiate a lease with the city for the Briggs building, which the Polytechnic Academy is currently operating in. That is a three-year lease for a reason, because we had thought about this, where we wanted to go. This is a perfect location for it. Again, Oro Hardin has become overpopulated. And this really creates more space, right, for our students, a lot of families that are moving here into our community. So with that said, on the technical side, I could certainly answer any questions you may have. We have our architect, Marty, as well on Zoom to answer any questions. So again, just encouraging approval tonight and here to answer any questions if you have any. Thank you.

Thank you.

The last speaker is Jeff Davie.

Thank you. Hello, everybody, members of the Commission. My name is Jeff Davie. I'm a real estate broker from the Central Coast. I've been in this business for about 40 years. I've been focusing on commercial development residential, but the commercial retail market is changing and Everywhere, okay, retail, leasing, retail availability, box stores, it's evolving and changing with what's gone on the last 25 years, specifically the last 15 years. So this is not a traditional idea for a school, I agree 100%, but it's actually very, very unique. And it's a very, I think, well thought out reuse of a building that's been basically vacant for the most part of the last 10 years. And it's probably a great opportunity for this community and for the school itself, which is what I think we're all here to talk about. I would like to first of all say that I have helped them to find the location, and I think it's a good location. Our work isn't done. We still have to continue with the controlling entity of the property to move forward. One of the important steps is approval of this conditional use permit, of course. And that took some time, as you know, three years. But I want to commend the city staff that put all the time and effort into this, all the work, because they have been fantastic to work with, thanks to Victor and everything. Getting everything done here was difficult, and coming to this point took a lot of time and a lot of work for a lot of people, especially the city, having the open-mindedness to consider this at a place you probably would never consider this before. Having said that, I would like to encourage you to approve the recommendation and move forward so that we can take the next steps to try to make something happen on the site. And thank you for your time.

We have one more speaker on Zoom. Celeste Bocanegra.

Hello. Good afternoon or good evening. I just want to make sure that the road traffic gets fixed just because we have a lot of kids that have walked to school. So as long as schools are updated, we are okay with that. Thank you.

There's no more secrets there.

So I just couldn't make out what she said. Sorry. Oh, God. Okay. No other speakers. So bringing it back to the commission. Any thoughts, commissioners? Questions?

I believe we need to close the public.

Oh, sorry about that. Yes.

631 closing item 6.3 and then yeah now bringing it back to the commission for discussion um so uh first and foremost i did hear um the speakers i think traffic uh circulation is one of the big uh fundamental issues um and it's not just the kmart building it's it's all of san jose county We had a whole discussion about this, why roads are failing. It goes back 20 years ago. For those of you who are interested in circulation, Kim Lee Horn did have a, I think it was a study session about circulation for the entire city. So I do think that, you know, for those who are interested in circulation, I really recommend you guys attend those meetings because your input is valuable. You can get the details from Erica. So here's the issue with, I also have an issue with the circulation at that intersection. I would like, personally, that the schools, Hollister School District, Samuel County, the Office of Education, the Charter School, there has to be partnerships. We have to start busing our kids because the reality is the city's only getting bigger. We have to bring back busing. It's going to be a collaborative effort, but I think that would really fix, I think, some of the circulation issues, the traffic, the concerns. Um, this is something that that's really poignant for my childhood. You know, there's not a lot of green space for these kids. You know, we talk about, oh, it's dangerous for the kids. Well, why is it dangerous? We don't have enough green space. We don't have enough parks. You know, you guys are just as much as stakeholders in our community as anyone else, right? We got to advocate for, for the, um, circulation, you know, the bike paths, sidewalks, walkable cities, um, I do apologize. So in terms of circulation, one of the things I would like to recommend for the conditionals is looking into to possibly busing, because I do see that in the future this is going to be an issue. Last comment I would like to make is what if this charter school fails? I don't want it to fail, but what if it fails? Is there a reclamation plan? So in other words, you know, once those improvements are made, does this devalue the building? For example, does it become harder to sell? Because I've seen a lot of buildings where they, you know, they do these retrofits and then a applicant or a, right? Are is the city going to be on the hook? Or is the next applicant going to be on the hook to basically, um, make those changes? So that's one thing that I really would like is to ask. I know I have to ask questions or

I think again that that is a matter between the property owner and the tenant. So it's not really the purview of the Planning Commission to get into the property negotiation. At this point, it's a privately owned building, so it would not be on the city hook. I can confirm that, right?

And I think ultimately it's specific to the success of it has to do with the negotiations between the property owner and ultimately the applicant.

Yes, but again, per view of the commission, per view of the commission is we have conditional use permit here and we need to stick to the conditions.

I think the simple answer is they wouldn't be growing into a brand new facility that's a lot bigger if they were not successful as a school.

I would also venture to say we heard that they were

we take operational funding to pay for long-term bonds so so that sounds like to me that it's a long-term commitment between the property owner and the organization um i thought in the presentation one of the exits um there's two of those once you were leaving the school one for its first keynote which is the traffic light and the other one was that lab lane is that true maybe the project

I'm going to pull up the plans. Unless, Brendan, do you know off the top of your head?

Yeah.

There was two exits from the property or from the school, one towards Trexino and the other one was towards Latimer. Is that true?

Yes.

Okay. At May, during, you know, circulation plan, they always enforce one direction. Is that a condition they could do here on Latimer? Yeah.

Brendan, microphone.

i'm loud but i'm not that loud I believe the the exit out on the lab lane goes one direction, so I believe it goes away yeah so it's already been accounted for in the mitigation effort in the drawings yeah but if it's a condition that needs to be included that can be done yeah it does if you're waiting on the traffic light right when Chris you know yes it's just an upgraded.

A long wait time yeah it's just going to further exacerbate that issue.

Yeah, and I think that's why Kim Lee had it engineered where graphic would go south on that instead of cutting across.

If I could add to that, Kimley Horn reviewed both the traffic numbers coming from the school, generated by the school, as well as how does those numbers impact the roadway in the area. So they looked at key specific intersections in that area to see what is the direct impacts to this neighborhood. That's part of their circulation study that they did. And from those numbers and from what they found, that's how they came up with those numbers. that list of improvements that's in your staff report. And then the applicant then incorporated all of those into their plans so that you could visually see it. So it was reviewed and quite in-depth to study what those impacts are to mitigate them to the best ability possible.

So there are specific.

Yeah, so all all incoming traffic will be south uh the south lad lane entrance so right behind the kmart building and then then there will be two exits out onto tres pinos but most of the traffic will go out on the land There is.

Yeah, I think it says right here. So one of the items specifically says designate the northern driveway along that lane exit only in the southern driveway as enter only during drop off and pick up pick up periods use traffic cones and signage both To both driveways to reinforce these restrictions during the drop off and pick up periods, then remove these devices outside of it. So there's a plan for pickup and drop off.

Yeah. and my other question is right now i think the charter petition is approved for k-8 and i'm not sure if we will respond to this question just for the feasibility of this project again just my background is in card school to understand the effort that it takes to sustain and grow them and so this is future facing um the where would who would approve the high school portion of that school if it's foster school district is responsible for k-8 would the high school portion of this future school be under the middle high school like who would approve that

i'd have to defer to the uh the applicant is that part of this project the the project includes the overall conditional use permit which is we're just looking at the use so it's what is that max enrollment going to be and because again high school students can in theory drive themselves we need both of those numbers separated out so this is the max We're looking at the max enrollment. And then it is up to the charter school to work with the school district, with the elementary school and high school district as far as what the requirements are with the state and then with the school boards to actually operate their project in terms of those requirements. We're looking at the use. What is this impact of the use on the city?

That would be like a future question at that point.

Yeah, when they got to high school, they'd have to work out all those requirements as required for their...

This is a partnership with an already existing charter high school polytechnic charter high school and they're tiny now, but their, their goal is to grow to be able to fill that space. The space that would be occupied by the TK eight would be the exact same population that we have now with the addition of 64 year olds.

And then, so we're the the technical cabinet would they vacate the galvan building yes okay again we're commissioned we're we're getting further away from our agenda topic that we're i'm understanding that yeah no uh occupy the building so this is into consideration so what i'm hearing is that that need is already exists i know what is this by maybe that's how long this budget takes so that's why i was asking that question yeah um yeah and then i noted the 17th classroom for high school for that number is about 29 per classroom um that's again from experience that's not a lot of space and students don't always you know divide equally into what is the plan for overflow when you have one class that needs more students versus the other

so um the the instructional model that polytechnic follows um is actually a lot of the students take courses at gavilan college so they'll be using the tripper which hopefully will be expanded to go all the way down to the new gavilan college space so a lot of our a lot of our high school students will be taking the the local um tripper from the high school to Gavilan College for a considerable portion of their courses because they'll be dual enrolled with college at the same time as being in high school. So they don't need quite so much space.

Thank you for clarifying that.

the commission has done i'd like to say i hope the applicant heard because there was some very good suggestions here of consideration from the commissioners such as looking at bringing back busing to to do that i don't mean mean to minimize that at all we just need to stick to our agenda so yeah i mean to a certain extent

It's a it's a hard thing to to weigh a little bit just because I understand it. There's certain elements of our jurisdiction that applies to, you know, ultimately agreeing with the project or creating different conditions. In terms of that fact, I do appreciate the commission's kind of perspective, because one, We're not up here to be bop-checking. We're part of a community. We want to make sure that we understand the implications, not just today, but going into the future of these projects. So with all due respect, I understand. But ultimately, when it comes to our decisions, they're going to be specific to whatever's within our jurisdiction, whether we can say yes or no. But as far as the dialogue, I think it's a good thing that we get into these conversations to understand a little bit better the implications

And I do understand the concern over the traffic. But again, as a parent, the, those pickups and drop off, that's almost an average school. Like one is drop on pickup times that issuing this and other, you know, they're intercepted. They should, this one is very public and they have more heightened concern, which I totally understand. And I don't know if we know enough to, um, feel that those mitigation efforts are enough, but I do see the effort being made.

And I think specific to that, which is safety, right, which has to do with our decision process. That is the reality. We're not, it's not gonna be on urgent. It's not gonna be in any of the staff reports or presentation is where they came from, the reason why they're leaving, the expansion necessary, the risk of staying there, right? Which I know there's risk because they're at capacity. I'm seeing it, you know, drive through that area. So I see it every day. There's literally gridlock and there's one street that literally gets completely blocked off because, and I've seen parents double parking on road you know literally because they're in a hurry you know i've actually seen parents parking in uh people and basically parking lots that aren't theirs so there's all these implications that we really should be talking about why these kind of conversations are important specific to this topic again we're only going to decide on the merits of this project but understanding the why because i think it goes forward yeah and i think this will also shift traffic from other parts of the past

Right up and if this happens that congestion to make this, you know, where they are right now and then at me were part of the scene of the occupation. So this already exists. It's just, you know, there could be a plan, which I'm seeing parts of it that can deal with this. And again, I think the building, right, this commercial is changing overall and there's plans to occupy space and they know we have the demand in the town that the district can no longer help these students and their buildings. So we do have to think outside the box.

City Council Chambers, I would like personally to add that language, if, or at least a recommendation to city council that that one of the conditions be just begging the question about. City Council Chambers, At least getting the charter school to the table to talk about busing you know, to get the stakeholders to get the school districts at the table. City Council Chambers, For the next conversation I am just i'm trying to look at this holistically because a lot of times the county the city we were kind of working in our little bubble. but we're creating problems down the road, just to look at it, like I said, the holistic.

Thank you, sir. We've actually already begun conversations around busing, particularly with the LTI and the tripper services. And because our students would love to be able to take buses to school rather than have their parents have to drive them. So we're strongly supportive of that direction. So if that can be, you know, that's a direction we would want to go in whether or not you put that in the conditions because it's so much easier for parents.

What's the LTI?

Yeah, sorry, LTA, Local Transit Agency. Yeah. Yeah. Gotcha.

Okay.

Yeah, because I would love to expand on that. Yeah. Yeah.

And we've been having conversations already with them because they're helping with the circulation between the R.L. Hardin neighborhood and Mays for our middle school students. And they're going to have their transit plans that come out in July. And now we have, we would have a good solid three years to figure that out. And who knows where people are going to live at that point. Um, but we know they're going to be more of them.

Okay. I mean, if I can make the recommendation, um, we can make that as a separate item to consider, you know, and I don't think this is unique to policy. I think citywide, so it could actually be some of the city council consider when it comes to transportation. You know, we could do that separately, but specific to this project. I mean, they're limited to what they can do today. So any, any other questions.

Yeah, I had a quick question on the play area. I see that it says Playgrounds surfacing.

Is that a going to be a porn place rubber and bar.

That hasn't been determined yet, but it sure as heck will not be concrete. What we're envisioning is the, you know, the kind of rubber that is rain resistant, but also makes it so that the kids don't crack their heads open if they fall. And so, yeah, that's what we're looking for.

I think the rubber is a little bit on the toxic side. I don't know if that would be a discussion. And I don't know if that's going to occur to you, but

We won't use the toxic substances. We have to follow very specific guidelines because of being a school that preclude us from using that. We'll use the same kind of substances that you would have in a normal public park.

And it'll be fenced off, of course.

Absolutely, for the safety of the kids.

Thank you. I'll consider shade. They're going to be pretty exposed there, I think.

Yeah, absolutely. And we'll probably do the kind of shade shelters that have the solar on top.

If there's no more questions, if I can get a motion to approve Item 6.3, Conditional Use Permit in Site Architecture Review of the Navigator Charter School, still to the 491 testimonial thread.

I'll make a motion to approve item 6.3. Can I get a second?

Second. All those in favor? Aye. Aye. Aye. Thank you.

Just for administrative, when we have council commission discussion like that, chair, if you would like to invite the applicant back up, I would like that direction from the chair to come to invite them back up to address other questions. Other commissioners, if you can not wave to people, they need to come to the chair, please. Thank you.

Okay, so 4-0. approved thank you we can move to item 6.1 um conditional use permit for veterinary clinics located at 210 simonito street after report please um sorry i wasn't listening when you did did you make a note did you make a motion for both the sna and the cup i said the whole okay yeah including basically yeah the cup and the architecture review

Should we defer? Does that satisfy you, what you mean?

Yeah, I got it.

Okay.

Well, I just read the whole thing, so I wasn't clear.

it's the veteran sorry let's take a minute the item before you is a veterinary clinic located at 210 san benito which is located within the downtown mixed-use zoning district and a vet clinic in the downtown mixed-use zoning district requires approval of a conditional use permit for the planning commission The project is a 1,959 square foot veterinary clinic, which has the typical rooms, reception area, et cetera. The hours of operation proposed are Monday through Friday from 9 to 5. Services are by appointment only, no walk-ins. There will be five employees, including the veterinarian, but only three employees on site at one time. There are existing parking spaces, there are 19 for the entire site, there are 10 directly in front of this unit. This is the site plan of the building it's a kind of a split level building, but, as you can see, there are spaces located at the rear by the vet and then there are spaces at the front, where we have two existing tenants. And from the front, you can see again, the split level, the existing tenants are a tattoo shop and tax preparer, which are both by appointment only. They're very infrequently open tax, you know, prepares being open during specific times of the year. They are both again, by appointment only these parking spaces are mostly empty. So there is a variety of parking spaces at the site that are open. Again, the building from other angles. In conclusion, there is an existing building, it's a use moving into a building, there is more than enough parking on site, staff calculated the parking. And with the number of spaces on site, plus the two existing uses, there is more than enough to cater to the the number of appointments will have per day. And this vet clinic will further enhance use of the building, moving into an empty space, providing more activation of that area throughout the day, which meets the goals of the general plan. You have your standard four options, but staff is recommending that you adopt a resolution approving the condition of this permit.

Okay. Thank you. 654. If I could open up public hearing for item 6.1.

The first speaker is Carson Flower, followed by Freddie. Thank you.

Good evening, Commissioner. Thank you for the opportunity to speak on behalf of Dr. Nadine and the proposed vet clinic. My name is Carson Clower. I'm with K2 Solutions. I am a registered lobbyist with the city of Polster. And it's my pleasure today to hopefully help you guys bring another vet clinic to town. This is a need that has been ongoing for decades. probably 20, 25 years now. I know that vet care is hard to come by and it's expensive here in town. And this is kind of a unique situation where we have a needed use, available space, appropriate zoning, and a qualified applicant. I'd like to thank staff on all their work the last two months. It's really been an impressive endeavor on behalf of Dr. Nadine herself, but also staff in the planning department, fire, building, It's really been neat to see. The responsiveness, the collaboration. This is more for you guys than anything, but I got the conditions of approval, the proposed list about two weeks in advance. That's like, PB, Harmon Zuckerman, A week and a half sooner than we usually get them so big changes around here. It's super helpful and staff, especially Magda, who is our contact PB, Harmon Zuckerman, Was willing to discuss the conditions and answer questions and that's that's just a little different and we appreciate it. I think the presentation was super straightforward, that the site's kind of really good for this use, plenty of parking. The hours are pretty limited. The number of employees are pretty limited. So we don't think there's gonna be a huge impact on the neighborhood, especially when you take into consideration the other uses nearby. So that's about it for me. If you guys have any questions about how the facility will actually run, Dr. Nadine's here to answer those. She's been a big member of the community for the last, I don't know, 10, 15 years as part of SNP. and also pet friends. So great member of the community hoping to kind of expand what she does here. Thank you guys.

Thank you.

Next speaker is Freddie.

Good evening. I welcome veterinary services for this community. I'd like to address the building area and the traffic. I'm a resident of Hill Street, and the street going up to Park Hill is basically a one-way street. If there was a two-way street, there would be a traffic line. There are events, sporting events in Park Hill, and traffic going up and down constantly. One of the, it's a traffic issue that like it jams up towards the end of the street meeting the San Benito, San Felipe streets coming into town. There's issues with from San Benito Street coming into Hill Street crossing traffic because there's no separate lane to cross in. The accidents on the street is frequent. The area around the building has some issues. The curb near the building has a fire wing. It has a fire curb. There is red markings on the curb. It's fading. However, the last tenant that was there was a driving class, and all the cars parked on the fire lane. All the cars parked on the opposite side of the street. A one-way lane prevents fire and emergency vehicles from trying to get up there if they need to attend to the tenants that live on Park Hill and up into the cul-de-sac. I'm addressing those because I myself live there and I deal with a lot of traffic speeding going up and speeding coming down. The racer wants to see how fast the car can push up there or cars coming down as fast as they can and how well their brakes are working. and down the street is that little choke point into the cross street and i'm kind of concerned about that also having sorry thank you that's it thank you there's no more speakers seeing no more speakers uh bringing it back to the commission questions thoughts

We close.

Oh, we have to close the public. Seven o'clock. We can close the public hearing. Now, any questions or thoughts?

You guys all using your mic?

It's on. That was a pretty straightforward presentation. I don't know. I don't know if it's close enough to Hill Street. Was there any consideration of that?

So fire did review it. This is an existing building and any use can go in this building. the potential is for like if this was all offices the parking car demand could be much higher you have limited number of employees to three at any one time which means three appointments at a time that's six people that falls within what this building is intended for the larger issues of traffic in the area of course if anyone is parked in a fire lane you can always call the police department they will come tag them No one should be parked in a fire lane. But with the larger issues of let's say traffic in the area, which is like a broader area, that's more of a function of does the city want to change anything? How do we move forward with certain things? But as far as this project, tailoring the concerns to this project, which is what we have to look for many conditions permit. with a conditional use permit and let's say a vet clinic we're really looking at parking noise impacts like on the surrounding neighbors it's a little this building is off the downtown it's not downtown center where we require that conditional use permit because if you're in a building in a downtown that's mixed use and someone were to put a vet clinic below you you might have some concerns about noise and so that's why a conditional use permit is required for for this one they're just on the outskirts okay

If there's no other questions. So it sounds like that's just separate from the project itself. And that could be brought up at a council meeting.

Through the chair. Is it appropriate for me to make a motion?

Sure. Yeah, if we could make a motion for item 6.1. I'd like to make a motion to approve a conditional use permit 2026.5 for the Ben and Eric Clinic located at 2010 San Benito Street. to get a second all second all those in favor all right all right awesome congratulations so now on to item 6.2 uh conditional youth permit 2025 for the pentecostal church located at 401 san felipe road

All right, so the project before you conditional use permit 2025 dash five. And then there's a minor as an a site and architectural review for some improvements and that's 2026 dash six is for the Pentecostal church. The projects proposed for 401 sample a day road. And then there's a minor. PB, Harmon Zuckerman, So the projects proposed for at the site of the former power sports Honda dealership. PB, Harmon Zuckerman, It's it shares PB, Harmon Zuckerman, It shares property with the fusion kids gymnasiums. It's like a gymnastics gym gymnasium and then next to that is compost foods, which is a whole foods foods. PB, Harmon Zuckerman, Distributor The project proposed proposes converting the site of the what is now a vacant auto dealership, the former power sports for use as a church. The improvements will be largely interior with no change to the exterior of the building. Interior improvements include include a 2,944 square foot sanctuary, and that's at the that's on at the site of the existing, or what was the former showroom. There's a 140 square foot conference room, 134 square feet of office space. There's a kids club. The project will propose to expand the bathroom facilities. There's 119 square foot baptistery and then 209 square feet kitchen space. The project also proposes frontage landscaping improvements. There's also a proposed development of a shared trash enclosure for all three tenants of the property and then replacement of the existing monument sign. The monument sign will continue to advertise all three events. And so, just like the image before this is the site so it'll occupy the building the trash enclosure will be to the rear of the building facing. fusion kids and compost foods. Creating. easier access and more accessible path to the. trash enclosure and there are improvements to landscaping as well. This is the proposed, these are the proposed interior improvements to the building, the sanctuary will have about 136 seats. Because there aren't any improvements to the exterior of the villain it just provided the elevations for the trash and closure it's your standard three stream fraction closure. And it'll be located in the rear of the building. And this image shows improvements to the landscaping so right as it exists there's three palm trees, this this project doesn't propose to remove the palm trees instead it adds two additional street trees there evergreens in addition to. grasses and shrubbery and ground covered. This is the proposed monument sign. So the existing sign is on the left. The sign on the right is the proposed sign. The existing sign is old. It once was illuminated, but I don't think that's the case anymore. And so just as an attempt to beautify and kind of revitalize the site since it's been underused or vacant for so long. We've worked with the applicant to propose a new sign. It uses the existing structure, substructure, and it'll just build on top of that. It also is reversed. You can see the existing sign encroaches towards the street a little bit. This one is turned into the parking one. So in reviewing this project, we determined that existing parking, as it currently is, is insufficient or was insufficient for all three uses. So the church proposed 136 fixed seats. And based on our municipal code, that would require 34 parking spaces. Based on the requirements for the fusion kids gymnasium, that would be require sixty seven parking spaces and compost foods would require six parking spaces. There's sixty six parking spaces on site. So based on that parking was insufficient. So we moved to look to reduction in off street parking. And for that we worked with the applicant to do a parking survey. So to do the parking survey, they look at the days and times that overlapped with two or all three of the tenants on site. So that was Wednesdays and Sundays, Wednesdays between seven thirty and nine Sundays between eleven and two. That's when the church proposes their service. And at that time, compost foods and or fusion kids would be operating. I believe fusion kids was the longer of the overlapping uses, operational uses during that time. So based on the parking survey, we identified that we identified that on Wednesdays, 19 vehicles parked was the maximum intensity of parking at that facility. And then on Sundays, I can't see what's under the under the caption, but we essentially determined that fusion kids based on the reduction in parking standards, the reduction in onsite parking, that fusion kids would be best suited with the parking requirement of 10, or excuse me, of 19 instead of the 67 based on the municipal code as it's written. A total of 59 parking spaces would be required to support all three uses on Wednesday and Sunday during operational hours. There's 66 parking spaces on site. Based on our analysis, there was plenty of parking to accommodate all three uses. Any future parking changes, we would work with the applicant will work with staff to find a way to provide adequate parking and that would like we have a condition in the resolution to require a shared parking agreement, so that would be with neighboring tenants. So the project complies with the is consistent with the North Gateway Zoning District, as churches are permitted with approval of conditional use permit, and based on the parking study and the reduct, the determination that parking should be reduced. It complies with a whole street municipal code for And pedestrian and bicycle that that code section. General plan complies with the North gateway commercial designation needs the land use for revitalizing existence commercial space, the space is underutilized. So this would revitalize it and realize the space. That also provides the space for services and amenities to Hollister and as the site is designed provides internal circulation and limits of the number of entry and exit points on to sample the day. PB, Harmon Zuckerman, Sequa like the navigator charter school it's exempt from sequel as it's an existing facility existing facility and majority of the improvements are relegated to the interior of the buildings. City Council Chambers, and conclusion, the project complies with the land use policies of the general plan it's compliant with the North, the consistent with the North gateway zoning district and parking is sufficient for all operating hours of the. Reuses when an operation together. So recommendations. You have a couple options. The first option you can adopt a resolution for conditional use permit. Twenty, twenty, twenty, four, ninety, five, dash five. We'll define it with subject to findings with the conditions of approval containing the resolution. And that is also the same for minor site and architectural review. Twenty, twenty, six, dash six. The minor site and architectural review were for was for the landscaping, the traction closure, and the sign. um you can adopt uh both resolutions conditional use permit 2025-5 and set an architectural review 2020 26-6 with findings and conditions as modified by planning commission you can deny the project you can continue it and provide additional information or we can provide clarification staff does recommend that you adopt both resolutions with the financing conditions approval as presented tonight.

Thank you. So is there any public comment? We need to close the hearing or open the hearing, I'm sorry. It's 7-15, if we can open up the hearing. Any public comment? There is no public comment. Okay, hearing none, close the hearing. I have one question.

And perhaps I may be out of my purview. I'm speculating. What is the redevelopment potential for once it becomes a church? Does the applicant own the parcel?

It's owned by KNS. Okay, it's owned by KNS.

Okay, so the reason why I asked this because of SB4, I'm just curious. I know that the state has given a lot of leverage to religious institutions, but that's if they own it, correct? Correct.

for that senate bill they have to own the property and they had to have been a church for a certain number of years before they can build the house so there are and there's so many requirements in that senate bill okay that was my only concern um sounds like we're we're good that's it is social fusion aware of the recommendation to reduce their allocated parking um they've been in communication with the applicant um i have not personally communicated with fusion um but i don't know how they feel about that so if i can we're not our code is set up to require a specific number of parking spaces and for whatever reason that kids gym has a really high parking requirement so high that it threw the parking counts for the whole site out of whack so as a solution um one of the solutions to allow them to see if they could come in this building was for the applicant to go induct a parking survey to see how how many spaces are actually being utilized and and it's not the 67 i could be wrong about that number in the code it was only 19. so we reduced what their parking requirement is there we're saying yes the code says you're 67 but that doesn't doesn't actually match what's going on here so through a parking reduction of that we're setting their parking standard to 19. it doesn't affect anyone's operations it doesn't change how things function out there it's just realizing that in this case the code is wrong it anticipates much higher of a demand than that kids gym actually generous That's for this to the in a city poster. We have two parking. Let's say reductions there. There's three. I guess you could say you can get a parking reduction for shared parking, and that's actually common in like a church, for example, where church wants to go into an industrial building. Industrial buildings really don't have a lot of parking. But they operate at a different time than most industrial uses, so they might reach an agreement with their neighbor to use their parking spaces. That then gives them enough. Technically, it's not on-site parking. It's shared parking, so you can have shared parking. We have a parking reduction offering, or we have the parking reduction for a particular use. So in this case, we're using the church's conditional use permit to set the parking for the kids' gym to allow them to operate this church at that site. Because as you can see with the chart that Brendan showed you, there really isn't a parking there. Our code just has the automatic assumption that there wasn't based on the code requirement for the kids' gym.

I would I would point out to the Commission that this is a great example of the planners being applying a sensibility standard to to the project and and that they followed up with with the survey that further supports that reduction and so this this is a good thing for this idea there's a vehicle to get to that that realistic parking requirement

What is the current attendance, just to see that that's an efficient parking for them. Oh, one more time. The current attendance for that church they're operating right now.

We based it on the 136 seat count and that was reduced down from I don't remember what it was before, but they reduced down to get closer and make it work.

So we also factored in have more what's that you can have more time for them.

they reduce it because of the parking there's a little available there's a little available parking they reduced their seat count if they wanted to amend their conditional use permit in the future um they wanted to get moving and and they're not going to hit max enrollment right away we would want we would wish that for every conditional use permit you can hit let's say your maximum potential with your conditional use permit in this case we couldn't do it because of the parking situation now again available to them is a parking reduction with shared parking they can share you know if they could come to an agreement with neighbors um where they can use their spaces um there isn't a flexibility in that area where where there's plenty of places that they could come to an agreement with a neighbor and then they could increase uh their enrollment as as necessary if they wanted to or maybe they get so big they have to find a very big space somewhere else in the city and we'll be talking about a different space in the future but there is avenues for them if they want to expand

And we've included that as a condition as well pushing to the two planners would do you know what the maximum seats were based on the building size.

Even though I know they reduced it to one person i'm not sure how many spaces, they could put in there to max out the full building a sub. You know, an architect would design that. But again, any time we start adding the seats, then there's a parking assumption. And with, you know, that is in an area where there's not many residential units and people are going to drive and there's not a fixed bus service. But they can accommodate the proposed sanctuary size with that lot that is out there.

I did speak with our building official. I don't remember the number. He said that based on occupancy, there could be a lot more people in the building. It's just parking abilities.

Thank you. Any other questions or thoughts? I ask for a motion. I'll make a motion to adopt

Item 6.2 and staff recommendations. Second.

All those in favor?

Aye. Aye. Aye.

4-0. Thank you. So now on to item 6.4. Conditioning permit for alcohol sales for Whiskey Creek Bar. Okay. 2150. effort for please. I think we're getting short too.

This is a conditional use permit for Whiskey Creek Saloon, which operates at 201 Fifth Street. It sounds familiar. It is currently operating. It has been in operation for many years. They did operate previously without a conditional use permit. The new owner is trying to work through some issues. One of them was the need for a conditional use permit. So he has applied for it. And so it is for you tonight. They sell beer, wine, and distilled spirits. They do have an ABC liquor license. The interior consists of a bar with music. The hours of operation are Monday through Sunday from 10 to 2 a.m., and they do have a security guard. Staff did route the project to all of our departments, including the police department, who was weighed in on the project, and we've included our standard conditions of approval for our alcohol sales slash bar use. And so they have the same conditions of approval that we've placed on all of our other recent bars, which is surveillance cameras, being required training to ensure that you don't serve anyone underage, posting said signs that we don't serve anyone under 21, and then prohibiting the exterior display of any advertising signs for alcoholic beverages. This project is exempt from CEQA because it is an existing facility. The proposed use of the space is consistent with uses in the downtown area conditions of approval were included into the project to reduce any impacts on the surrounding area and the applicant is. abiding by those conditions it's located within the city's parking assessment district, so no parking is required to support the use. And again, as mentioned this bar has been in operation for several years, and this is a way of cleaning up the requirement of shapes. So we do have a standard four conditions. Staff is recommending that you approve the conditional use permit and allow them to continue to offer it.

Thank you. So if I can, it's 723, open up. Item 6.4 for public hearing. Do we have any public comment?

There is no public comment.

OK.

723 again closing the public hearing uh commissioners there's really not much thought to this i don't know if you have any questions why is this a probability so the whiskey creek was required to have a conditional use permit and i for several years the city's been trying to get them to apply for one we have a new owner and so he has come into it that's not normal standard practice anyway No, normal standard practice is I am a bar. I'm going to operate in the downtown.

I come.

I would come to you and say, can I operate? And you would say yes or no. This one's just been operating for so long. But we want them to have the conditional use permit. The reason we want a conditional use permit is the owner can change. This owner has a security guard abiding by these conditions of approval, but he could sell the business at any time. And you want to have, especially on a bar, you want to have conditions of approval that require things like a security guard and having the surveillance and not letting people loiter and cleaning up your trash and debris. Because if you did have a user that moves in, and they aren't abiding by their conditions of approval or they are creating the nuisance we can revoke the conditional use permit that's the reason we want the conditions the accountability measure yes and it's not that he's you know operating in a bad way and we have an issue with it it's that we're trying to clean that up so there is a conditional use permit for that bar

Yeah, this is item 6.4. So any other questions or thoughts? If not, I'll take a motion.

I'll make a motion to adopt item 6.4 for the Whiskey Creek Conditional Use Permit.

Can I get a second? Second. All those in favor? Aye. Aye. Thank you very much. So on to item 6.5. Can the city permit again to allow the replacement of an existing 1,185-square-foot garage with a new 1,750-square-foot garage with a height of 25 feet located at 1640 Sienega? Staff report. This is residential.

This is a residential project, yes.

This is the replacement of an existing garage with a new detached garage located at 1640 Sienega Road. In this case, you might not normally see these types of structures, but because the structure is over 15 feet in height, it requires a review by the Planning Commission. So they do plan on demolishing an existing garage that is 14 feet in height, and then replacing it with a new garage, slightly larger, that is 26 feet, 6 inches in height. So it is over that height. The garage is for private use only. They cannot operate a commercial business or any sort of business out of it. It is for a residential garage. This is the existing site plan. It is kind of hard to read, but the house faces the street, and then at the rear of the property is the existing detached garage in that kind of hash gray area. Proposed, you can see it does get slightly larger. It does meet our setbacks of the zoning ordinance, but it is basically replacing that existing goal. um it complies with the required five foot setbacks in the zoning ordinance there are actually no structures to the rear of this property it's an existing vacant lot there are located on the side there are new residential structures that were constructed as of right now and there could be some in the audience I haven't received any objections questions or comments on the structure So staff is, again, you do have your standard floor conditions, but staff is recommending approval of the detached garage with the height.

OK. So if we can open up the public hearing, item 6.5 of 726. Any public comment?

We have no public comment.

OK, closing the hearing. Any questions or thoughts, Commissioner?

I'll make a motion to approve the conditional. Sorry, it's not a conditional.

It is. Yeah, I don't know why, but it is.

Okay, I'll make a motion to adopt 6.5.

We did try to clean this up in the code amendment because we have or we used to have a number of things in that use list that weren't really conditional use permits. So we cleaned them up to their appropriate permit type. But this is in a different section of the code, so it hasn't gotten cleaned up yet. The purpose of a conditional use permit is you may want to revoke it. i can't imagine that at any point we're going to go with this person say we're revoking your right to have this garage unless they were operating something commercial out of it but then we would go a different method anyways yeah exactly so this is hopefully one day we'll get we'll clean it up okay just one more question before you continue sure why is it not a one at that height why isn't it considered the one working as well So they're using it as a garage and our code actually it's a detached accessory structure, so a detached accessory structure could be anything it could be a shed it could be a garage it could be a bond. We they're saying it's a garage that's their their terminology for it and garage makes sense to most people, but as far as our code is it's a detached and says.

To be like in a type of building or a livable unit.

So in theory, it could get switched at some point to an ADU. Our code and the state allows the conversion of any detached accessory structure into an ADU. They have to go through the ADU process.

The reason I bring it up to that height, I'm just wondering about the height, you know, for the bottom level garage, top of the whole little unit. I just, it's just, I don't know. It's not 46 foot ADU, is that what you mean?

So it's hard to like limit this based on an ADU of what could happen because the ADU laws are so fast and changing anyways.

And they would have to require it. They would have to.

They'd have to submit an application for an ad you the state does allow conversions it's a requirement, we have to follow up, but those setbacks are higher the setbacks are larger than what would be required for an interview so it's actually set back. After anyways. But it could, in theory, with approval of an ad permit at some point we turned it to me much like any other structure that we see a shed a patio cover carport. They can all, in theory, return them.

I would just ask, is there any requirement on the height restriction on the height structure at this location? Not just as it's being requested.

Well, any accessory structure is limited to 15 feet. And you can get a conditional use permit to increase them.

Yep. And up to this point, it's there.

ADUs are very complicated. We do limit the height for a new detached. So if they were to build a new detached accessory structure, sorry, ADU, they are limited in height. However, the conversion of any existing structure is not capped by height because it's existing. So if they built it 10 years down the road, they did want to turn it into an ADU. They couldn't really do it. But then you get, if it's attached to the house, it can be the same height as the house. So there are different mechanisms depending on the type of AU that you want to construct on what you have to follow. And that all comes straight from state law. And so we really don't have much purview on AUs. And the state law changes every year and becomes less and less restrictive. So 10 years from now, the laws are probably going to be even less restrictive.

Not that long.

I'll make a motion to adopt 6.5 condition use print to allow the replacement of an existing garage with the new 1750 square footage.

All those in favor? Aye. Thank you. Thank you. Okay now last item item 6.6 tentative map insight and architectural review extension percent one crossing some mixed use development look at what street and graph. Please.

Before you tonight is the extension of a previously approved project, it is located at San Juan road and graph. it's referred to as standalone crossings, this is the. diagram of what it was approved as 132. multifamily apartments with a little over 5000 square feet of commercial space on the ground floor and you can see it on the left of your screen with the top blue it's. um the project was again approved two years ago our projects expire after two years and if you wanted to move forward you need to request an extension the applicant is working towards constructing this project it would bring bring much needed apartments into the city um with um the time that it's required that is required to come up with construction drawings the cost of construction drawings financing of these larger projects two years really isn't enough time they will always need more that's why we keep seeing requests for extensions, so this is much like all the other requests for extensions we've seen. The request for an extension is exempt from sequel. Again, this project provides a unique opportunity for the city. It's apartments, which we do need. It's a housing type that we are lacking in. It will be new apartments. We have the opportunity for mixed use in the area. We'll have the ground floor or commercial space, which could include any type of retail. They do have outdoor patio space as part of the project, so it could be a unique cafe, restaurant, coffee shop that will provide some amenities for the surrounding neighborhood. And again, we are likely to see more requests for extensions. Financing is difficult to obtain. It does take a while to get from planning commission approval to actually going under construction. The way our code reads is that your planning entitlement will expire if you haven't pulled a building permit. So even getting through the billing process can take a while. So they are requesting it. Again, you have your standard for options. The DRC did review this project and had no required changes to the project. And planning is recommending approval of the extension of both the map and the SNF.

Does that whole area? Sorry.

Open up the public hearing first. Item 6.6 at 7.35. Any public comment?

There is no public comment.

Okay, bringing it back, closing the hearing again at 736. Any thoughts or questions?

This is the first time that a map is being presented.

City Council Chambers, No, it was approved two years ago, this is just an extension, though the subdivision map act limits tentative maps to two years and then our code limits both both the SNA. City Council Chambers, And then after two years now they're not proposing any changes it's exactly the same project they just.

City Council Chambers, that's a pretty well needed change.

City Council Chambers, Absolutely, you know I do have to add you know. beautiful project.

I mean, this beautiful project, I think I think it's 15%, right?

This was approved before the inclusionary ordinance. So they're locked into local.

I mean, irregardless, I think the mixed use, I like the mixed use corridor. I think it's Um, something that's needed walkable. I mean, something that I desperately, I think the West side corridor, this is my vision. Yeah.

Yeah. Mixed use creates commerce automatic from the top, from the renters and the property. And I would imagine these are like, I didn't look in too much detail, but, um, the size of these units except their apartments. Um, sorry.

yeah it's it's by square foot you're looking at obviously more right yeah market rate is the applicant applicants not here okay yeah i think the project's great answer question yeah yeah i think the project's great just share yeah We want to bring him up. Yeah.

I mean, if we have any questions, if you can come up. Sorry.

Actually, I just wanted to raise my hand. Yeah. Appreciate it.

So if you can come up, sir, please.

Sure.

And so, I mean, I'm remembering that property. I was like, wait, where is that? Turn next to quick stop.

It's across the street. Across the street. I'm Dan Shaw.

I'm the manager of San Juan Crossings LLC. Hi. Group of investors that has been working with Erica staff. Construction financing is incredibly difficult, as she stated, but we're working on a phase plan right now to be able to get part of it under. That's why the tentative map was important originally. Normally, you don't have a tentative map project for a project like this, but it was five separate parcels. It's being changed to three parcels, one for each structure, which allows a structure to be permitted, built, and converted, and occupied, and then converted to long-term financing, allowing you to go on to a phase two and a phase three. So that's why there's a TMAP attached to what would normally just be a site and architectural approval.

So, and sir, you had another question? Just that you're here, you know, just for the record, is there anything that the city, what can the city do to also help you move this along? Is there anything that the city can do? Is there anything that's an appropriate question? I just kind of want that.

You could just waive all fees for everything. It would be fabulous. No. then they would have to work for free at the city instead of minimum wage. Erica has been helpful. I took this project over last fall from another manager and there was a John Potter, Change in the in the family structure, so to speak, or the directors and the people involved in it changed and since that time she's been very helpful i'm engaged with a couple different contractors right now. John Potter, And so, at this point in time I don't need anything from staff and when I have requested items they've been. very prompt to respond. Phone calls, email answers, Zoom calls, et cetera, they've been fabulous. I have nothing to complain about.

What is the current use of that phone? It's vacant.

It's actually been the staging grounds for granite construction for the last seven months for building the roundabout. So that's where their trucks, their traffic diverters, their pipe, their spoils, their rock, all that has been stored. I entered an agreement with them. with the help of Public Works reached out to me and connected them with us so that they could use that as a safe staging area for their construction of the roundabout, which is complete. I've driven through it a couple of times. It's probably all you have. It's wonderful. So I'm glad that part got done.

So in the the commercial side, you already have prospective leaseholders?

None. None at all at this point. We can't really commit to anyone because we don't have a time frame. But the very front corner at the roundabout is where the 5,000, 5,300 square feet, I think it is. It's right around 5,000 to 6,000 square feet.

It's 5,259. Like I said, about 5,300 is right in the front.

corner at the roundabout for signage and visibility reasons and then there's a number of fairly stringent parking calculations which are on the project to make sure that we have parking to accommodate that commercial retail use especially with parking places that are signed and permitted not for apartment tenants during certain hours so that the Because if you put a commercial use in an apartment complex and then can't provide them parking, they'll be out of business in no time because people don't want to park way far away from the front door. So we've been through this with staff. And part of the design of this building is that there is i consider like half basement parking underneath the building so they're not full basement but they're half basement which lifts the first floor of the apartments about six feet off of ground level which provides an additional security measure for the people in those apartments because they're not right at uh sidewalk level for people walking by so it lifts them up their deck up a little bit and allowed us to get more density on the site by utilizing partially underground parking. So the thought went into it a couple years ago. It just takes time, and the financing market the last couple years has been difficult.

How many potential commercial tenants can you have at this site?

It's planned to be two tenants. I think it could be more than that. But the initial concept was to make sure that it's all in one place, and they're next to each other, adjacent to each other, complementary in that area. So I think very early on, somebody talked to us about Dave Kuntz, You know, a daycare childcare facility in there, because that's you know needs is needed in the in the West side over there for people who are you know have to working peoples in there as a head of their households. Dave Kuntz, So somebody talked to us very early on about that, but there's been no further conversations with anybody about any particular users, but there is, we have an area in the landscape designed to accommodate any outdoor seating.

so we we do have that available that's how you have child care system on three of the buildings

Yeah, that's actually to comply with the amount of common space we need to provide. So in any application for multifamily, you've got to provide common space. And many of the design projects in today's world are utilizing the rooftops as space for that common area. And sometimes it's a lot privater. People go up there. It's a much more enjoyable private common space than sitting out John Potter, On fourth street, you know at a table with everybody going by and honking their horns, or you know traffic, whatever also we do have that up there and that. John Potter, brought the project into compliance, two years ago with the common area requirements and there's a child there's a child little playground lot and some other things like that that are all part of the common area.

And what the units are to them.

John Potter, it's a mix of two and one bedrooms. Yeah, it's a mix of about 50% two bedrooms, 50% one bedrooms. Oh.

Are we good? Yeah. Thank you for answering the questions. No problem. Through the chair, I'd like to make a motion. Sounds good. Oh, we need to close the public hearing.

Is that?

Yeah. 745. If I can get a motion for

So you made so make a motion for the tentative map 2023 dash two and the site architectural view 2023 dashboard for an extension.

And I'll second all those in favor. All right. Aye. Aye. For zero. Thank you very much. Thank you for your questions. Any informational reports?

I do have one for you.

Sure.

We received certification on our housing loan.

Sorry, this is the first part for the commissioner reports and then it's the planning division.

Oh yeah, planning division reports next. I don't have anything to report. The commissioners, do you have anything to report? Okay, now, so you had a report.

Yes, sorry. Our housing element has been certified by the state. So we are now fully certified.

Awesome. So that that's it for the reports. If I can get a motion to adjourn. Second.

I'll second.

All those in favor.

Aye. Aye.

We'll have that next time.