Planning Commission - Regular Meeting

[music] [clears throat] J How are you doing? Chair. Yeah. Happy new year. Happy new year. Long time almost 3 months since last meeting. I know it's kind of crazy when I look back like last month that Yeah. I mean all of 2025 may have only bought 10 meetings.

I think yeah if you have a lot of big ones like the focus is more like Yeah, that that makes sense actually. Better. True. True. I need [clears throat]

I am in Hello. Good seeing you again.

We are hopefully hopefully

help is on it way. All right, that'll be nice. Yeah. Proud to serve this afternoon. being a woman. So my wife used to make twice as much as she

much more lawyer. I don't know what that's she's a big time but yeah [clears throat] she's been very supportive of me she but she's also been carrying she's been carrying a lot so the conversation was I know this wasn't like months my position Absolutely. I never applied.

Maybe you change your mind after a year or so. Couple years. I think surprised to see so many people. It's green. Who's this?

Hello. Hello. Hello. Hello. Hello.

[clears throat] Start. agenda first and then when will this be after

welcome to the city of Mel Peters planning commission meeting February 11th 2026 I'd like to read the Public uh comment instructions. Oral public comments may only be provided live during the planning commission meeting in person. All comments provided shall be limited to 3 minutes or less as determined by the chair. All public members will be limited to one important one comment per agenda item and one comment for non-aggenda items. Members of the public may submit written comments by mail to planning department and militus.gov. call. Now, can we uh stand up for the pledge of allegiance? Commissioner Kong will lead us. We'll have in ceremony.

Okay. The next item is the swearing in appointed planning commissioners by city clerk. Hi, I'm city clerk Suzanne Gazetta and one of the best duties that I get to uh do as the city clerk is ad the administration of oaths and affirmations to newly appointed commissioners and to our mayor, city council, and all city employees. So, I would like to ask newly appointed commissioners Don Brown and Elania Castillo to please join me down here. Congratulations. So you will both raise your right hands and you will repeat after me. I state your name. I Don

do solemnly swear do solemn that I will support and defend I will the Constitution of the United States and the Constitution of the State of California

against all enemies foreign and domestic that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, that I take this obligation freely without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to enter. Congratulations. And [clears throat and applause] I will have you both come over here and sign. Alania, you're right here. You'll sign here. And then Don, I have this one here. If you have your pen slide, bring it.

And then this is your certificate of appointment to the planning commission. This is just for you. Thank you so much. And this is your certificate of appointment. Thank you. Thank you both so much for serving the city of Militus. And you'll receive copies of these. Thank you so much. Thank you everyone and have a good evening.

Thank you. like to welcome the new commissioners, Commissioner Brown and Commissioner Castillo. Uh okay. So we decided to move the election of chair and vice chair till after the public hearing uh so that we don't uh uh you know bother everybody else here. So let's start with the roll call. Uh, Miss Lis, could you start the roll call, please?

Thank you, chair. Good evening, chair, vice chair, planning commissioners, and community members. I will take attendance, starting with Commissioner Castillo. I thank you. Commissioner Brown here. Commissioner Kong, present. Commissioner Aasi is absent this evening. Commissioner Galong present. Vice Chair Kulkins here and Chair Gupta here. Thank you.

Okay. Next is the um conflict of interest declaration uh request uh attorney uh Greece to uh take take that please. Thank you chair. I asked the chair and each member of the mil peace plan commission whether he or she has any financial or personal conflict of interest related to any of the items appearing on tonight's agenda. Commissioner Castillo

I just said none no I have no object. Thank you Commissioner Brown. No I do not. Commissioner Kong. None. Commissioner Galong, none. Vice Chair Kulkins, none. And Chair Gupta, none. Thank you. I further ask the chair and each member of the Milas Planning Commission to please disclose any campaign contributions of $100 or more received within the last 12 months from any of the parties entering into contract with the city on tonight's agenda. Or contributions received from development project applicants for development projects on tonight's agenda. Commissioner Castillo, no. Commissioner Brown, none. Commissioner Kong, none.

Commissioner Galong, none. Vice Chair Kulkins, none. Chair Gupta, none. Thank you. Let the record reflect no report conflicts. Thank you very much, Chair. Thank you. Uh, next approval of the tonight's agenda. May I have a motion for approval of agenda for tonight? And chair, I understand that would be with the item for election of chair and vice chair moved to the end of the agenda. Is that correct? Correct. Yeah. I'll make a motion to approve tonight's agenda. I second. Let's take a vote.

Was that second by uh Vice Chair K? Oh. Oh, gotcha. Okay. Thank you. Commissioner Castillo. I approve. Commissioner Brown. Approve. Commissioner Kong. I. Commissioner Golong. Hi. Vice Chair Kulkins. Hi and Chair Gupta. Hi. Thank you.

Okay. Next is the approval of the minutes for February sorrymber 19 almost. So we have a motion. Sorry. So do we have a motion to approve the minutes or uh Ling? Do you have Yeah, I'd like to request for an amendment of the minutes. Um because the item 9-1 um there were two additional motions that were taken and voted on but would not that failed but it was omitted from the uh minutes. So can you please add that in?

Yes, we could do that. Commissioner Kong, I'll re re review, revise and present the amended minutes to you at the next meeting. Thank you for being my second pair of eyes. I think there was a second change also that I don't know if you confirmed that there were uh two nos uh in the last meeting. Okay. I'll look into that for you. Yeah. Okay. Thank you so much. So with that amendment can we have a motion to approve the minutes please?

Um so chair there are two ways to handle. One of them would be is we could make the amendment on the dis but also staff could bring back amended minutes for approval at the next um plan commission meeting if that might be more expedient. Okay, let's let's do it that that way. So let's skip this uh for now. Wait till the next meeting. Okay, so next is uh announcements. Are there any announcements by the planning commissioners? In that case, any announcement by the planning director, Mr. Jay Lee.

Thank you, Chair Gupta. Uh, just one announcement. The u the next regularly scheduled meeting on February 25th has been cancelled for a lack of items. So, the next tenatively scheduled meeting of this planning commission would be March 11th. That is all. Thank you. Thank you, Mr. Lee. Okay, so now we move on to public forum. I'd like to read this statement. Members of the public are invited to speak on any item that does not appear on today's agenda. Comments will be limited to 3 minutes or less at the chair discretion. When called to speak, you're encouraged to state your name for the record. As an item not listed on the agenda, no action can be taken. However, the planning commission may instruct the staff to place the item on a future meeting agenda. Now, we start the public hearing and are there any members of the public who wish to speak about uh about the public hearing? Chair, I have not received any speaker cards for public forum.

Public forum? Yes. Okay. Okay. Good. Thank you. All right. So, let's start with the public hearing item number 9 111. I see a hand.

Is this No, that that will come after the presentation. Yeah. Okay, first item is for if I may chair for clarity for the public um comments on items on the agenda can be made during the public forum at the time of that agenda item. This would be for comments on items not appearing on the agenda. If there are no one comes forward or submits a speaker card then the commission will move on. Okay. So let's have the first presentation. Selia's Event Center 60 MC road use permit amendment. Mr. Sean Manelo will make the presentation. Right. Good evening, commissioners. Um um my name is Sean Manalo. I am an associate planner here with the city and I've been with the city for about a year. But if you can believe it or not, this is my first time addressing this body. So, just wanted to begin first with saying um thank you to commissioners for all of your service um and extending a hearty welcome to our new commissioners Brad and Castillo. So, looking forward to working with all of you very close into the future. Um this evening I'll be presenting two items for the commission's consideration. The first being use permit amendment 25007 at 60 Dempsey Road for Celia's Event Center. Is there a Here we are. All right. Thank you. Thank you. Um, Celio's Event Center was approved under use permit number 19008 in 2020 for

operation as a banquet hall and entertainment use in accordance with the Militas Municipal Code. Under current zoning, meeting or banquet facilities over 2,000 square feet or with seating or more for for more than 200 persons are classified as major community assembly uses which require a use permit of uh Celius Event Center submitted an application of an expansion of hours beyond the hours established within their original use permit and approved by the planning commission. The proposed change in operating hours was determined by staff to constitute a significant modification requiring an amendment to the originally approved use permit number 19008. The permit amendment request for your consideration is the formal request for the expansion of hours of operation. Next slide, please. [sighs] Uh this is an aerial image of the project site um east of city hall.

We're not getting the presentation on our screens. Oh, thank you. Oh, okay. We got it now. Thank you.

It [clears throat] No. Please bear with us. We are working with our team to get the presentations on our screen so that we can also follow along. [clears throat] It's up now. Oh, it's up. Yeah.

Excellent. [sighs and gasps] Uh this is an aerial image of the project site east of city hall and the city center uh just south of Calaveris Road and east of Interstate 680. The aerial shows the project site is located adjacent to the Fiesta Plaza Shopping Center and south of the executive in on Dempsey Road. Uh the Fiesta Plaza Shopping Center site to the south of the project site maintains two buildings and features a variety of shops and services including several restaurants, food market, barber shop, and mosque. A collection of multif family residential properties are located to the south of the subject property behind the s southernmost building of the Fiesta Plaza Shopping Center. The project site can be accessed from at least two entrances on Dempsey Road to the north and to the west. Next slide, please. Uh this is the zoning map of the property. The project site and the neighboring properties are zoned for neighborhood commercial mixeduse. Following the adoption of the 20 of the city's 2025 housing opportunity districts and the 2025 comprehensive zoning ordinance update, the subject property was reszoned from C1 neighborhood commercial to the neighborhood commercial mixeduse 3 NCMU3 district with the intention to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. The general plan land use designation for the project site in the surrounding properties is also uh neighborhood commercial mixeduse NCMU. Next slide please. Uh here briefly I want to share a picture of the front facade of Celia's event center from Dempsey Road and share a bit more about the applicant in business. Uh Celia's event center operates an existing majority uh major community assembly use with an existing 14,192T building. The event center hosts a variety of events such as weddings, kineras, baby showers, and fundraisers. And the existing building is two stories in height with a ground floor level and partial upper mezzanine level um

provided as attachment C. Uh the mezzanine level serves a as storage and maintains a backs office space while the ground floor is primarily accommodated for event space including a 3,633t dining area, uh dance floor and elevated stage, dressing rooms, uh bathroom facilities, and equipment room and several storage areas. The applicant proposes no interior or exterior modifications as part of this application and therefore complies with the development standards of the newly designated NCMU3 zoning district as shown in table four within the staff report and the plan set provided as attachment C. Additionally, table five within the staff report confirms that the project does not propose any site improvements or parking related upgrades and the business will continue to main the existing 103 off- streetet parking spaces already provided on the lot. Uh the the requests for the expanded hours do not facilitate a requirement for increased parking on site. Um attachment B provides the approved resolution and conditions of approval for the original use permit 19008 approved on February 26th, 2020. Within the original use permit, the hours of operation provided here are established with closing hours on Saturdays and Sundays at midnight and Mondays and Fridays at 11 p.m. The use permit amendment request, Next slide, please, proposes to amend these hours Thursdays through Sundays with later hours of operation to 2:00 a.m. Opening hours of operation on Thursdays and Fridays are also changed with a later opening hours from the original 12 p.m. to the new uh Lee scheduled 3 PM. Uh the applicant has proped prop provided sorry a n letter narrative provided as attachment D explaining their need for expanded hours to serve a growing clientele base requesting for later events and programs at the center. If the use amendment is approved, the applicant will be able to

operate their existing business at the expanded hours of operation as proposed subject to conditions of approval by the planning commission. The applicant will still be required to apply for standard planning and building permits to carry out future site improvements and various interior tenant improvements. Next slide, please. Excellent. Um, it's important to highlight a few items for the planning commission related to noise and security. As seen [snorts] in the image here, the nearest residential uses are located approximately 300 ft to the south of the subject site, across the parking lot, and on the opposite side of multiple commercial buildings, part of Fiesta Plaza. Um other businesses operating within the Fiesta Plaza Shopping Center include several businesses, market um restaurant, convenience stores, and personal service businesses uh will largely be closed during the extended hour period requested by the applicant, including the Fiesta Market grocery convenience store, which closes at 9:00 p.m. And the Cheerleader liquor store, which closes at midnight. Uh the nearby Executive Inn across Dempsey Road is located approximately 170 175 ft away from the event center.

[sighs]

As all events will take place exclusively indoors and outdoor uses of the business will continue to be pro prohibited. These surrounding businesses and uses are therefore expected to be minimally impacted by sound and traffic generated from the event center's request for extended hours. A condition of approval reiterating the provision on outdoor activities already practiced by the applicant has been added to the conditions of approval provided in attachment A. Next slide, please. Um, additionally, title 5, [clears throat] chapter 213 of the city's municipal code related to noise abatement enumerates the city's noise restrictions and provides a process to address noise complaints. Uh, since receiving the their conditional use permit to operate in 2020, Celia's Event Center has received only two noise complaints in which the city's code enforcement division issued formal notice to abate letters to the property and business owners. In both these instances, a voluntary abatement occurred and the cases were successfully closed. Should a pattern of noise complaints or other issues arise in association with the proposed event center that rise to the level of a public nuisance, the planning commission may initiate a review of the conditional use permit and revision of the project conditions of approval at any time after written notices provided to the property owner. Um, oh, sorry. related to security. Uh, consistent with the original use permit conditions of approval from February 2020, security personnel must be on site at a ratio of one guard for every 100 guests. This service is already provided by the subject business as a service to guests. And finally, related to alcohol, the applicant confirms that their narrative letter as attachment D that al that alcohol is not sold on site and clients are prompted to obtain their own 1-day alcohol beverage license for events. Uh standard protocol requires the applicants first contact uh Milpito's police department uh permits officers for an initial decision and if

approved by the police department they'll um secondly formally have to submit an application to the California Department of Alcohol Control or ABC for a AB uh C special event liquor license for review and issuance. With these considerations uh staff has ultimately recommended approval for this amendment request. [sighs and gasps]

Uh the proposed project is categorically exempt from the environmental review under the uh California environmental equality act in accordance with sequel guidelines section 15301 on existing facilities and section 15183 projects consistent with a general plan community plan or zoning and a notice was published in the militas post and city hall as well as the city's website. Um, a total of 510 postcards were sent to property owners when within a thousand feet of the project site. A sign was also posted at the project site. Zero comments relating to the project have been received by to me via email um or by phone call. Next slide, please. [clears throat] Oh, excellent. Uh, staff has confirmed that the project meets the findings associated with the conditional use permit as set out in the in the municipal code. Those findings have been discussed in the staff report and are addressed in the resolution. Specifically, the proposed use is appropriate for the zone, not detrimental to health, safety, and welfare, and is suitable for the use being proposed. The project is also consistent with several goals and policies identified in the general plan, including uh LU 6.5 and CD 6.4 related to the reinvestment in commercial shopping centers and maintaining viable neighborhood um neighborhoods serving commercial uses in the city. Uh staff recommends that the planning commission open and close the public hearing and adopt resolution 260001 approving CUP amendment number 250007 to the use permit 19008 subject to the findings and attached conditions of approval. Uh this concludes staff summary of the project. I'll be happy to answer any questions you may have. Um, furthermore, I believe Selia Madre um, of Celia's event center is available for any questions virtually. Thank you.

Thank you, Mr. Vanalo. Good presentation. Uh, are there any comments or questions from the commissioners? Kong Um I several um questions. Sure. So um regarding the two noise complaints that are on record, do you know when was the last incident? Both instances were in 2020. Okay. And and resolved in 2020. And what was the resolution? Was there actual um like changes, physical changes to the building or uh was that just operational practice that was changed?

Operational changes and practice. Okay. Um the city u I'm sorry the the um subject business also maintains two 8-ft sound barriers um kind of in um um uh constructions that are placed within the interior of the building to help help with um sound that's let out into the building or let out into the public. Um when I was going through the packet uh I read that there are going to be two lobbies that's going to help with uh this noise insulation. But when I look at the floor plan itself, there was only one lobby being, you know, designed into it. Yes. And there are three exterior doors. Mhm.

So with one lobby, you know, um that's actually accessible from one exterior door. The other two exterior door doesn't have any noise insulation. Okay.

So is are the other two doors going to be closed throughout the event and only the main door with the lobby access will be open? Uh it's my understanding that all doors should be closed um during during events so sound doesn't um uh go out into the public space. Um but um I'd like to invite if possible um the uh applicant Selia Madris to maybe speak a little bit more about the the floor plan of the site. Celia, are you able to speak? Hi, how are you?

Thank you. All right, thank you. Um, okay. Usually we have one one main um lobby and we use that to go outside and get inside. Um but um the other two doors it's always um we always keep it closed but it's it's emergency um exits only.

Thank you. Thank you so much for the clarification. And for the emergency exits are the door um does it have any [clears throat] insulation at all on the material that is used to at least um in case there is emergency and people are going in and out from it. Um, do you see any way to at least curb the noise from um emitting?

Yeah, the the second door, the one the one we have the second door, we do have insulation in that one. So, you don't hear too much noise. So, when we when we get all the permits, they told us to make those two doors um because we have we have the main door, the second door, and the third door. So, the second one has the same insulation of the main one. And then the third one, it's a big me uh metallic um it's a special door. The the it's it's not coming the noise um to outside. So, it's a big metallic special door.

Thank you. Um and then I'm not sure if I can ask a few more question to the applicant, Selia. Um, regarding the operational hours, um, I'm a little bit concerned that Thursday and Sunday you're also requesting for extension into, um, 2:00 a.m. How often has your um, you know, potential customers actually asked for Thursday and Sunday night parties that last so late into the we hours? I know it's it's maybe like once a month because we don't we don't rent it too much on Thursdays and we don't rent it too much on Sundays, but when it's a a Labor Day or uh something that they don't have to work on Sundays. So, it's most of the time that's what I I'm asking um to do Thursday to Sunday because um I'm having, you know, a lot of Vietnamese weddings, they usually starts really late. So my all my my customers and you know for weddings and concerts like Vietnamese concerts um they usually start a little bit late. So that's that's what I'm trying to get more business to Mas and that's what I wanted to spend those hours.

Okay.

Commissioner Kong, if I may add, um I did some research to find some other businesses in town that operate kind of on a later schedule. Um Dave and Busters at the Great Mall. Um they operate Mondays and Tuesdays and Sundays 10 to 11 a.m. 10 and 11:00 a.m. to midnight. Wednesdays, Thursdays 11:1, Fridays and Saturdays 11 to 2. Um art karaoke on Barber Lane, 6:00 p.m. to 2 2:00 a.m. Pure karaoke down the street on East Calaver. They're also at 5:30 p.m. to 2:00 a.m. Um, so this is uh consistent um with other uses that are um entirely maintained within um uh within the space where no outdoor activities are allowed.

Um and uh the third question I have is regarding the security, the private security. I understand that you have a company contracted for it. Um, is there any way for you to also include the contact number on the signage so that that way if there are incidents that happen, people actually have a number, a contact number to call if they don't see visually see the private security on site, at least they have a number to contact. Sure. [clears throat] Right. I believe we'd be open to making that amendment to the to the resolution. Okay. Great. And the conditions of approval.

Thank you. That's all I have. Anybody else has any questions for the planning commissioners? Um I have just actually Commissioner Kong asked most of the questions. Um, so while I was at the site the other day, I mean I I see the building looks reasonably I mean fairly old and rundown and u and even the parking lot uh perhaps is looks a little old and rundown. Are there any plans to improve make some changes to that?

Um not with this application but again I'd like to punt to um our applicant Mrs. Madrice to answer that question. Um, this year I'm planning to make a little bit the parking lot a little bit better. Um, the inside I it's it's amazing the inside and the outside, you know, we everybody of the customers, they're they're happy with the design that that it's outside. So, for now, maybe we just going to fix a little bit the parking lot, but uh the rest is it's good. Right. And as mentioned in the staff report, um the applicant will still be required to apply for any standard planning and building permits to carry out future student site improvements um and tenant improvements.

Yes. Also, I noticed some of the days you actually reduced the um hours from uh like 12:00 p.m. to 3 p.m. That's right. Why would you go the other way? Why would you reduce the hours? [laughter]

Again, Mrs. Madre, would you like to answer that? Um, usually at 12, nobody want to start the party or the wedding at 12. So they they most of my Vietnamese wedding. They usually start at 7 or 8:00 p.m. So we put at 3:00 p.m., but nobody starts any wedding at at 12 or 1, you know. I just ask him 3:00 p.m. to to the 2:00 a.m.

Okay. Uh and last question uh you you see quite a few uh conditions of approval uh from the applicant. Uh uh do you fully accept all the conditions of approval or you have any concerns?

Oh me uh yes the um Mrs. MZ if you can answer that and then I'll I'll piggy back. Uh I'm okay.

Okay. [laughter] Um there are um on in the resolution and the conditions of approval on page nine um project specific conditions um you'll notice um starting on uh condition number 18 down to condition 32. We did add um this new condition for indoor operations only. It's number 21. That one is the new one that's not reflected in the um original use permit 19008. Um it says uh all events and activities associated with the approved use shall occur entirely within the enclosed interior of the event center, outdoor events, gatherings or any related activities are strictly prohibited at at all times. So um that's a new one and that's to reinforce the practice that has already been um um continued by the by the applicant.

Okay, thank you. I have no more questions. Now there commissioner golang sir uh what is the maximum capacity of the center? The maximum capacity of the center is me go through my notes here. [snorts] Oh, you know what?

It's 300 2 299. [laughter] Yes, that's the number that I had reflected here too. Thank you. [laughter] How many 300 320? Do we have enough parking parking space for for this?

Yes. Um so the project application um for this use per permanent amendment doesn't um facilitate the need for increased parking. Um but if they were to um maybe expand a use um you know rehabilitate the inside, make more event space um for example or do kind of exterior modifications, additions to the building um that would trigger a requirement for new parking. I I have a question for Celia. Sure. Uh Selia, is this your first time applying for um expansion since 2020? Yeah, this is my first my first time.

What is the main reason why you want to expand your um hours of operation? What's the main reason? Um

um right now I have a lot of Vietnamese weddings and um a lot of concerts. So they like I said, they start a little bit late. So when we when we finish at 12, they don't they, you know, they prefer to go to another location in San Jose. So I said, you know, I prefer to make expanded the hours and get more business to my pitas and, you know, it's something that we can get more more to my business. I think um Milas Community Center actually um the uh they're open until 11:00 p.m. If we can approve this until 2:00 a.m. I think it's not fair that Mil Community Center is open until 11:00 p.m. Then we are approving this up to 2:00 a.m. Why? I don't It's not I think it's not fair. They should be You know what I mean? the cuz if 2:00 a.m. but community center is 11 p.m. Is that big? Is that going to be um

um I don't know if they have that big a space for I never hear that they have a concerts Vietnamese concerts. Um I don't know. you know, I don't know if they have a a Vietnamese concerts, but um you know, my goal [clears throat] is to have more business to MPAS and because this isn't like an event center, so we want to to have more weddings and more um concerts. Um and like I said, it's not like all the time. Most of the time is more in the weekends, but I just want to make sure that when I have something on Thursday or Sunday when it's long weekend, it's better. Okay. Uh Shelia, when did you know that that you think that your center that you that you wanted to expand your operation? Is there a um advanced booking of your that center? Is it take is about 3 months booking already? It's been full. That's why you're requesting until 2 a.m.

So, what's the It it's it's it's they they booking in advance. They to me they booking six, seven months in advance. So, and when I when I see the people come and see the venue uh or the event center and and they don't come back because they see the the hours uh and like I said, they start a little bit late. That's what I I I said, you know, I'm gonna try after 2020. I said, I'm gonna try to see if I can get that for my business to grow more my business. Um, do we have how far is this from our residential area? Is it far?

Uh, 350 ft.

So, if they have a a live band, they can they can hear that far. The hope is not um because uh we've tried to condition um the uh expan even with the expansion of ours that tried to condition that all um activities are maintained within the building. Um and it was in staff's analysis that um there's a sufficient enough buffer in between um the event center and the residential uses that part uh that noise won't hopefully not be a problem. If this the center hired a let's say uh three two group of band you know I mean they play loud and then the other one of the one after the other um is that okay that uh because of the noise. Uh yes. So uh our code um can only uh restrict um uh maybe not the activities within um but the noise that's projected out. Um so in our um let me see uh title 5 chapter 213 of the municipal code related to noise abatement uh we have a standard that says disturbing noise um [sighs] as measured from the property line um that's in excess of 65 dB measured from the property line um is um it's kind of the limit. So where's the stage for for the band? Where where that is it facing Dempsey or is it um

where that stage face them road facing where face facing the calas the main facing? Yeah to that side not not to the houses area right. It sounds like it's facing Dempsey. So every time you have a band you have to keep the door closed. Correct. Yes. Yes. um that could be a responsibility of security as well um that will be maintained for larger events. So if you have 200 guests, so you're allowed to have a security personal of two personnel, right? Security personnel, correct? Um from start to end, right? Yes.

Okay. Um who who will hire that security personnel? Is that by Oh, that would be the event center. The event center. That's correct. Uh that's a service that they um offer already um to their to their patrons. Okay. Um okay. Thank you. Thank you, Commissioner Galan. Now, I'd like to see if there are any public comments regarding this agenda item. Uh

chair, we received one speaker card uh from Michael Cal. Thank you. Hi. Um, first of all, I wanted to say that uh the two complaint that you guys had is not true because I make more than two complaints. Uh since then I have here email that I wrote to the last mayor Ricky uh trans then he before he's leaving uh and then I call multiple time and the fact that they say that the doors always open is not true. I live across from 680 and I hear them and I it took me a long time to find out where the noise came from. Do you know how far that is? And it bothers me. I can hear it and I call multiple times and then you can check the records that I've called. I can give my phone number and police been out there. How I found out is I have to figure out where this noise came from. First I thought it was in my own neighborhood and then you know the police came out and say nope there's not from where all these areas and then one day I figured out it came across from the freeway. I drove over there and I didn't hear it. I called the police. They came out and they confirmed there was a problem and they told me that we talked to them and they supposed to close the door but half an hour later and noise come back again. I called so many time and even the police department told me that the only

thing you can do is call the I mean contact commission planning. Now I also look into it when this events open there was no environmental study for noise and see how far this truck I mean the fact I live right across from the freeway that's too far there's a lot of bass coming through you know I have double wall um window and I still can hear upstairs and downstairs this has been a nuisance And I have three or four email here I can share with anybody who's interested. And you know this is why I come here. My neighbor here I don't know why they don't come and you know but you know you can verify those facts. I have email here and you can check that I complain more than two times. I went there. If anybody come out there during a party or an event, you sit, you stand in front of the parking lot, you hold your phone, you just have like a regular decel of noise, it's exceed the noise. If I can hear across from the freeway, what do you think the noise in the parking lot would be?

Thank you. I think you made your point. Appreciate it. Is this supposed to time time limit? The timer was not running. It was It was okay. Any other uh cards? No other speaker cards. Chair,

are there any other public comments? Even though you may not have a speaker card, you somebody wants to have any complaint that Hi. Um I um my name is Crystal Sanders. Hi. Um, I'd actually like the idea um of having it open later um just because and there is a business across the street of the karaoke that um is open pretty late. So, I do think that it's pretty fair um just for someone that does go out and enjoy the nighttime life in Mitas. I think it would be a great expansion to um Mopita's night life. Thank you.

Thank you. Thank you. Okay. So, let's uh talk it over uh here. Uh what do you guys what do you think about the issue the noise issue that has come up? If anybody has any comments or feedback, I have a question. Sir, did we receive any police report um about the incident inside the the event center? Did you did you receive any police report about any incident?

Uh no. That that's a a great distinction actually. So the two noise complaints that I cited within the staff report and then um within the presentation were um voluntarily abated um complaints um through code enforcement. How about inside the um the facility? Is there any any altercation or any fight in not to my knowledge? Since since 2020

since 2020 not to my knowledge just with the code enforcement cases. Hi, [clears throat] uh, Commissioner, I could, uh, provide a little bit of information because we did check in with police department and, um, I think the distinction is that the calls are probably being made to the police. So, those are calls for service, which is different from planning code enforcement. Um, and there were no incidents uh, for the interior. Um, and there were two calls for service regarding the exterior in the parking lot, but not related to noise. But there were several calls for service. I'm sure some from the gentleman here and um possibly some others since uh 2023.

Are there any um when the noise was uh felt across the highway um was the door open when the when the some music was going on? Was the front door of uh of the building open? Do we know? Maybe it was open. Yeah, because most of the time I try to keep it closed. So if the door is closed, uh will that solve the problem to a large extent or you need to put more insulation?

No, we we keep it closed and and the sound is not coming. Um I'll also add that within the original resolution um conditions of approval and the um new conditions of approval for the use amendment um there is a specific condition about signage um related to trespassing and loitering um and appropriate signage shall be posted in conspicuous areas forbidding the consumption of alcohol. um if the commission would be open um to um requiring additional signage to keep doors closed during later hours um in order to encourage um sounds kind of be maintained within the um the business um that might be a great opportunity.

Okay. So u I think if there no no more comments for Oh yeah, please. I I was just going to say I do like the the notion of just having either additional signage or making it just a request for the door to remain closed so that the sound is reduced significantly. But I will add that, you know, having been a longtime resident MLPIS and also enjoying evening uh night life, I think it is um I do like the concept to be able to be um I think supportive of just different uh cultural experiences. And so it sounds like this is really um designed to accommodate [clears throat] like the Vietnamese weddings and Vietnamese concerts. I like that idea because I think it it is important for us to be able to experience different traditions and for for communities to really put resources back into the city. So, um that is just my my my two cents.

Thank you, Commissioner Brown. Good comment. Um any other comments or should we move on to the motion? Uh I have a question.

Okay. I'm not sure if um the applicant is uh she's still online cuz um I'll like to find out if there are any other um alteration that can be done to make sure that two doors are never open at the same time because you have the main door and then you have the lobby door and the noise can only travel if both doors are open, right? Cuz ideally only one door should be open at any given time. That's never there should never be two doors open at the same time. But can there be other types of perhaps mechanism that make sure that the door always automatically closes? You know, like um just like this door here, this door has a lot of soundproofing. You can see that the materials there, but the door can stay open, right? If there is a mechanism that automatically closes it if somebody walks out, you know, I'm not sure what the material is called like this this this thing here, right? that you can pull the door back.

Well, it it's it's sorry, it's two doors. So, when when usually when you go in the f the first door, um you have to close the first door to go to the second door. So, I always put a security guard in the middle so he can close and and close and open the second door. That's why it's not too much noise. Um and with the uh you know the gentleman said that he hear that noise. It's because maybe they you know after that I always make sure that it's that it's closed. Um and I'm going to make sure every time that it's closed so that doesn't come out the the sound. Um but yeah it's usually you have to close one door to go to the second door. And right now you're using a private security to make sure to kind of monitor and close the door, right? But

do you see anything in the market that commercially available that can also um help to keep the doors closed? And I don't hear what what is it? Sorry. Are there any other like door designs that might be available to help keep the doors automatically closed? If somebody were to open one um let's say they open the inside door. Yeah. It's inside door needs to be closed, right? Like something that like bounce back and close it right away. It's like that. Yeah. The the the one the one inside the venue that one you open but it's automatic close. Okay. And the one outside,

the one outside the security guard open and close. So people can just pull it and then close. It's like a like a door, you know, for for the sound. And one more thing I always forgot um before I open my Cellas Event Center. Um the Dempsey Road if you guys check before because I you know I do donations for the police department and the police department they always happy with us because before Dempsey Road was really bad that shopping center they said it was really bad. So right now that's what I I never have any issue with the police any because it's it's really clean right now.

I agree. I agree with you. We have seen uh the prior um [clears throat] retail weather was kind of abandoned. So it's a good change. Um but I'm trying to also kind of find middle ground, right? To make sure that the noise doesn't travel far. So are there any other things like curtains or landscaping things that you can perhaps add to create more sound barrier? I think that's something that I I would love for you to look into. Okay, that sounds that sounds good.

Sure. And certainly when um you uh continue with uh future site improvements, um that might be something that you'd like to incorporate. Um and uh wanted to pose a question to the applicant actually, Mrs. Madre. Um just wanted a point of clarification as shared from our um our planning director. Uh when we say uh 2 a.m. is the closing hours, is that the intended time of closure for um for events? Um or does that also include cleanup time with staff and things and you know the the space is officially vacant at 2:30? Um just wanted to clarify what your intentions were.

[snorts] Yeah, we we close at 2 and nobody [clears throat] stay, you know, after maybe 10 minutes we vacant the location because I have a p uh you know people that they come really in the morning like 7 in the morning, 8 in the morning to clean up. Uh so nobody stays, you know, after those hours, right? So it's a hard stop at 2 a.m. Mhm. Great. Yeah. Um Commissioner Gang. Yeah. One question, sir. You showed us only the exterior part of this building. You don't showed us the interior. Do you have that? Oh, yeah. We do not have interior shots of of of the space. Um

um actually I think Commissioner Galong was referring to the floor plan. Um so, uh Liz will pull up the floor plan. We have that ready. We do have a floor plan. That's right. Um no no pictures from um inside though. So the stage is facing Calaveras correct? Yes. Um so this square is a dance floor, correct? Yes, that's correct.

Okay. Um so where is the main entrance? Okay. Main entrance is in Dempsey. Am I correct? You see the main entrance in Dempsey? That that one that one is the the main door.

Yes. It looks like it's that um the bottom line uh one through seven. So if the stage on facing calveras and where's the other door again? Uh there's a door back there's a back door. Oh so there are uh I believe three doors facing west which would explain why uh the public speaker might be hearing it. It's because the doors face that way. There are two doors in the rear um from the storage areas coming out the other side. I think the challenge is that the all the doors the front entrance is facing west to the south is another tenant space and then to the north and east are other spaces like storage spaces. So if people were to exit that way you would have to significantly alter the floor plan. So everybody's exit either the back door or the front front door also.

Front door. Front door. That's right. So while the music is still on and then people are exiting on the main door. Of course you can hear the sounds outside.

Let's say if how many people are exiting at at the same time and the door is open let's say 5 minutes you can still hear the sounds. So that's is that going to be the issue then about about the noise? Uh hopefully this will be addressed with um good practices between the um applicant and staff and then with the conditions that we placed um and um layered on with the requirements for um uh um maximum noise um that's part of our noise safety ordinance. Okay, let's uh have a motion to close the public hearing for this item. Is there a motion to close the public hearing for this item?

I'll make the motion to close the public hearing. Is there a second? I'll second. Can we have the roll call, please? Commissioner Castillo.

Hi, Commissioner Brown. I Commissioner Kong I Commissioner Golong Hi, Vice Chair Kulkins. Hi, Chair Gupta. Hi. Thank you. So, it's time for the public hearing for the next item. Sorry, we we still need Yeah, we still need a motion. Yeah, we need a motion to uh approve this item. Is there a motion, please? Can you show it on the screen?

Motion to approve to approve the celas. Yeah, you're talking about celas. Yeah, I was saying push your button. Your mic's not live.

There it is on the screen. Mr. Gang, go ahead. Yeah, I'd like to make a motion um to adopt resolution number 26-001 approving conditional use permit amendment number UA25-00007 to use permit UP 1 9- 0008 subject to the findings and attached conditions of approval. Commissioner Commissioner Galong, may I ask a question for clarification there? I heard two proposal of for additional conditions. Um, one from Commissioner Kong and then I can't recall who the other one was from. Um, do you want your motion to include those proposed conditions?

Yes. Okay. So, what I had those proposed conditions were were in a form to be approved by the city attorney, a condition stating um that the number for the security company shall be conspicuously posted on the property um both on the exterior and the interior. And another condition that the exterior doors shall remain closed during operation except for when in immediate use for entrance and exit and that signage shall be posted on or near the doors um stating that they must remain closed while the business is in operation. Yes. You want me to?

That's excellent. We need an attorney. All right. I have a motion to uh So, you have a motion. You still need a second. I second that motion. Let's have the roll call, please. Yes. Commissioner Castillo, approve. Commissioner Brown, I. Commissioner Kong, I. Commissioner Golong, I. Vice Chair Kulkins, I. And Chair Gupta, hi. Thank you so much. Thank you. It's approved. Thank you very much. Congratulations. Thank you.

Come to the next item. Uh, New Life Community Church, 1000 Jacqueline Road. Uh, we're ready for the presentation from Mr. Manello again.

Excellent. Thank you, commissioners. Uh, the final item this evening is the use permit and minor site development permit request as UP25004. Yes. and MS2520 289 for a new for New Life Community Church at 1 Jaclyn Road. [clears throat] Uh the project proposes to operate a new major community assembly use operated by New Life Community Church within an existing two-story building. And uh the applicant is also requesting a minor site development permit for landscape and parking improvements to the subject site. The site was formerly the location of an indoor sports facility operated by several different tenants, most recently operated by Spash Gym until 2025. Um, under the Milpedo's municipal code, major community assembly uses over 2,000 ft and with a capacity of more than 200 seats within the highway services zone requires a conditional use permit. The applicant also requests a minor site development permit to allow for minor exterior improvements for ingress and egress as well as landscaping improvements, parking lot restriping and accessible pedestrian route upgrades um consistent with uh the zoning code. Projects involving multiple applications may be consolidated for final action and heard by the highest review authority required for any of the applications. Here that review authority is the planning commission. Um, I wanted to clarify some of the project description updates you may have been aware of with this project in recent days. Um, staff was able to post and notice this project as a use permit and minor site development permit to operate the major community assembly use and allow for landscape improvements at an existing 34,430 foot two-story commercial building at 1000 Jaclyn Road. And it was over the weekend that staff and the applicant team identified that materials posted incorrectly cited the square footage of the existing building. The applicant team provided an updated plan set at the direction of our planning director and

assistant city attorney. All materials including the agenda, staff report, and resolution have been re have been amended and reposted to reflect the correct smaller square footage of two 25,160 ft of the existing building. The project proposes only tenant improvements and no additional square footage to the existing building. Uh staff's analysis of the project does remain the same and only references to the total square footage of the building have been updated with the correct square footage within the report site plan and resolution. Um we apologize for the confusion with this clerical error and I wanted to extend a thank you to our assistant city attorney, planning director and recording secretary for their very quick assistance in helping correct and address this discrepancy. Next slide, please. [clears throat] Uh, this is an aerial image of the project site northeast of the city center, just south of Jaclyn Road and west of Interstate 680. The [clears throat] aerial shows the project site is south and behind a Shell gas station on Jaclyn Road and is connected to the Jaclyn Commons commercial center. To the south of the project site, you'll see another commercial building. And to the southwest of the project site, you will notice a collection of residential uses extending along North Hill View Drive parallel to Interstate 680. It's these residential properties that are approximately 200 ft from the project site and separated by another building within the Jaclyn Common Center currently occupied by the Militas Hill View uh Kinder Center Learning Center uh Kinder Care Learning Center. Uh the project can be accessed from Jaclyn Road and through driveway entrances at North Hillview Drive to the southwest. And we'll discuss this a bit more later on in the staff's presentation. Uh [snorts] this is the zoning map of the property. The project site and the neighboring gas station are zoned HS for highway services. Uh the properties to the west and south are zoned CO for administrative and professional office and hosts a collection of medical business um professional offices and dental clinics. Uh the general plan land

land use designation for the project site and surrounding properties is neighborhood commercial NC. Next slide please. Um I wanted to take this opportunity to introduce you to the new proposed use and applicant New Life Community Church. Uh New Life Community Church proposes to offer worship services, Bible studies, uh vocational programs, activities, and worship gatherings for their parishioners. On days the church hosts such events during the standard work week. Approximately one employee will staff the facility and the church estimates that four employees will staff the church during Saturdays and Sundays from 8:00 a.m. to 9:00 p.m. Weekends are projected to be the busiest day of the week days of the week for the proposed use between preparation and hosting of weekly Sunday worship services. Sundays [snorts] will also feature a children's ministry from 10:30 to 12 that's available only to children of parishioners attending services and is not open to the public. The church will uh not provide any alcohol service and food will largely be catered or prepared by potluck on a regular basis. All activities associated with the church are proposed to be indoors. Um an operations description is provided as attachment C for your reference. Next slide, please. Uh here we see a site plan of the proposed project. As part of the site development permit, the applicant is requesting interior tenant improvements to the site, as well as landscape and parking improvements to improve pedestrian and vehicular circulation and access to the site. The applicant does not propose changes to the exterior color of the building, and the applicant is not proposing any additions to the existing building. A trash enclosure will be maintained at the east side of the site. Um, and that's on your on the site plan on your screen, the left. Next slide, please. Uh here we have a proposed first floor floor plan of the site. Parishioners and guests of the church will be able to access the building through the main entrance and entry hall through a set of

double doors facing the parking lot area. The first floor will feature a classroom, vocational room, collection of storage room, um women and men's restrooms as well as the main worship hall. Next slide, please. And here we have a second floor um with spaces largely left open to below but will feature additional storage space and an office for church staff. Uh to complement the interior improvements to the existing building. The applicant also proposes site improvements that are associated with the minor site development permit request. The red dotted line identifies the approximate location of the new pedestrian path that will extend from the southwest corner of the building across the parking lot and through an existing landscape planter for access to North Hill View Drive to the rear of the commercial center. Next slide, please. [clears throat] On this slide, we see these plans more in depth. [clears throat] Sorry. Uh the site improvements will feature a minor curb ramp at the rear of the property and the new walkway will be 5 feet in width and extend approximately 120 ft within the existing 35 ft wide ingress and egress easement in order to improve pedestrian access to the site and commercial center from Hillview Drive. As previously described, the proposed project will also include upgrades to parking and access aisles and include the installation of truncated domes and new paint uh for the parking area. and we'll discuss parking on site in upcoming slides. Next slide, please. Um, next here are the development standards for the HS zone. As you can see, the project meets or exceeds all development standards for the zoning district as there are no changes to the existing building. And [clears throat] next here we see a parking summary of the functions uses associated with the new park uh required parking on site as established in table

C.6. 6.050- of the city's newly adopted comprehensive zoning ordinance update. Uh, sheet G00 of the project plans provides a map of of the orientation of the parking stalls largely clustered at the front of the building behind the gas station facing Jaclyn Road. As you can see, the project meets and exceeds the total parking requirements for the site. And the proposed project also successfully meets the standard and compact parking space ratios established in the municipal code. Next slide, please. [clears throat] Oh, great. Okay. Um, the image provided here aims to demonstrate vehicular access and traffic to the project site. [sighs] The project site is near Interstate 680 and Jaclyn Road and utilizes four existing shared driveways, two on Jaclyn Road and two on North Hill View Drive, uh, which provides multiple routes for parishioners and guests to access the facility. On-site circulation and drive aisles have been reviewed by staff to ensure ample access and space spacing requirements for firetruck access and solid waste management. Uh pedestrian access to the project building would be provided by a new pedestrian access path from existing sidewalks on North Hill View Drive as previously discussed. However, no access paths are provided from Jaclyn Road due to the location of the project site being surrounded by other adjacent buildings. Meanwhile, the on-site volume and speed of vehicular traffic would be low enough such that shared use of the drive aisles between pedestrians, bicycles, and and vehicles is feasible. A special note, uh, no parking at any time signs are posted on North Hill View Drive on both sides of the street immediately adjacent to the commercial center. While the proposed use is projected to maintain all required parking entirely on site, in the event of increased parking demand for the church, parking on North Hillview Drive will continue to be restricted.

Uh, next slide, please. Sorry. Thank you. Um, a traffic analysis report provided as attachment D was conducted uh for the project and prepared by the applicant at the request of staff to assess potential parking and circulation issues associated with this new proposed use. The report reviewed trip generation, vehicle miles traveled, and on-site vehicular track uh truck circulation. In conclusion, the proposed project is consistent with the land uses permitted by the for the cities of Milita's general plan and is projected to add approximately 25 daily trips on the traditional work week and approximately 120 total visitors um attending worship services on Sundays. The number of daily trips will be local serving and is not expected to significantly impact the level of service in the immediate vicinity and will therefore result in a less than significant impact to VMT. Um, additionally, it is not anticipated that the church would generate traffic during the AM and PM peak hours for major commuting hours that would conflict with neighboring businesses, particularly the Militas Hillview Kinder Care, which operates only Monday through Friday, 7:00 a.m. to 6 p.m. and is closed on weekends. Next slide, please.

[sighs and gasps]

The proposed project is categorically exempt from environmental review under SQA in accordance with SQA guidelines 15301 on existing facilities in section 15183 projects consistent with the community plan, general plan or zoning and a notice was published in the Militus Post and at city hall as well as the city's website. A total of 473 postcards were sent to property owners within 1,000 ft of the project site. A sign was also posted at the project site and staff received zero comments relating to the project um via email or by by um by voicemail. Next slide, please. [clears throat] Uh staff has confirmed that the project meets the findings associated with a conditional use permit as set out in the milit. Those findings have been discussed in the staff report and are addressed in the resolution. Specifically, the proposed use is appropriate for the zone, not detrimental to health, safety, and welfare, and is suitable for the use being proposed. The project is also consistent with several goals and policies identified in the general plan, including LU1, LU6.5, and CD 6.4 related to accommodating a balanced mix of land uses, the reinvestment in commercial shopping centers, and maintaining viable neighborhood um serving commercial uses in the city. Next slide, please. Uh staff has also confirmed that the project meets the findings associated with the minor site development permit as sat on the municipal code. Uh those findings have been discussed in the staff report and are addressed in the resolution. Uh so staff's recommendation this evening um is for the planning commission to open the public hearing, receive comments, close the public hearing, and adopt resolution number 260002 approving conditional use permit number um UP25004 and minor site development permit number MS-25289 subject to the findings and attached conditions of approval. Um, [clears throat]

yes. And the project applicant team, including the applicant, Amos Young of New Life Community Church, um, the architect team, Gordon Wong and Jenny Jenny Chen of Gordon Wong Architecture, and the property owner, Representative Alex Kent, are available for any questions you may have. Thank you.

Thank you, Mr. Manelo. First of all, is there any presentation from the applicant? to our esteemed uh commissioners, Mr. Chair, Mr. Vice Chair, city personnel, and all others here in attendance. Thank you so much for your time and consideration of our project. Good evening to all of you. As Sean Manalo here mentioned, my name is Amos Yang. I'm one of the pastors of New Life Community Church. I'm also a physician and anesthesiologist here in the Bay Area. I wanted to just very briefly introduce our group to you and to give you an idea of who we are and what we endeavor to do. Our church began back in 2012 and ever since then, we have endeavored to be an asset and blessing to the Bay Area. Especially as a church specifically, we've sought to be a community where anyone can meaningfully and authentically connect with God and others. As you might be aware, this property in question that you're considering is one that has been underutilized for many years now. Most of it, in fact, is currently vacant and not being used at all. If by chance you've had the opportunity to see the property recently, especially from the inside, then you're probably aware that the building is frankly falling into a state of disrepair and risks becoming an eyesore or even danger to the community. We're excited about the opportunity of renovating and transforming this property into something that the city can be proud to have in its midst. This of course would be in accordance with the plans of the project that you're considering.

More importantly though, we would love having the privilege of being able to be a contributing member of the city of Milpas. I also am grateful to Shawn Manalo for having commented during his presentation on the issues of parking and traffic because I do know and understand certainly anytime an entity that functions as a place of assembly comes into a community, those are going to be legitimate concerns. I know those are concerns that are shared by some new friends that I made here right before this meeting. Thank you again for your time. We very much appreciate your consideration of our project and certainly we welcome any inquiries that you might have.

Thank you very much. Let's hear some comments from the commissioners. Anybody has any comments, please? Commissioner Kong.

Yeah, thank you for bringing this project forward. Um, I have a question. I'm not sure if uh Sean can you bring back the floor plan because u I wanted to understand a bit more about the outdoor uses cuz um I do see that there is going to be a small playground and I'd like to know where it is located. Um, sure. Uh, as it's coming up, um, the, uh, applicant identified that there will be a, um, outdoor playground area on site. Um, but that was not reflected on the plan specifically, and my assumption is that when they do decide to actually construct it, um, they will need to submit for a permit um, for review by the, um, by the planning department.

Okay. So for today uh if we were to approve the permit it will not include any outdoor uses. That's correct. Is that correct? Okay. Thank you. Anybody else has any comments chair? Yeah. No m good good presentation on that. you covered a lot of the questions that I had during that which is obviously the parking concerns and that um and I do agree having gone to the gym in the 80s and seeing what it was like then till now. So I appreciate the fact that you guys want to revitalize that area. Any other comments and questions?

Yeah, Mr. Manalo um with regards to it says allow for landscape improvements. Are they going to put trees um around the building? Are they going to put on the building? Oh, the Oh, that's a great question. The applicant um does not require to install new trees and the application doesn't require the removal of any trees or heritage trees per our municipal or our municipal code. I I saw that there's what trees in front of the building, right? You they're going to keep that tree. They are going to maintain them. That's right.

Okay. Thank you. Right. Okay, I want to add just a couple of things. One, uh, this this building actually we approved a permit not so long ago, sometime last year to have a preschool. So, I wonder what happened to that applicant and anybody has an answer has a long history. I've I've understood um the it was just last year

just last year. Of course, I in a sense can't speak for that applicant, the seller, but from my awareness, he has abandoned plans to pursue that preschool plan and to direct his capital elsewhere. Okay. Also, uh, of course, you have this tower which has the clock, special clock, which is uh, uh, quite useful to the nearby community. Uh, what do you plan to do about the clock? Um based on the project plans, the applicant has decided to maintain them as they are. Um so there will not be any um modifications to the cell tower um and the clock within a special light on the top which goes far and you know quite far distance.

Mhm. Um so uh Commissioner Galang actually uh lives about 100 ft. I mean she not lives, she has dental practice there. So Commissioner Golang, do you have any concerns about this new upcoming church? [laughter] That's great. So [laughter and snorts] yeah, he will get additional business I guess. [gasps] Okay. So with that, are there any public comments please for this item? Chair, I have not received any speaker cards.

Anybody has any comments? You can come to the mic, please.

Good evening. Sean seems a little nervous today. Anyways, my name is BJ Navaro. I live at 915 North Hillview. You all pass my house. I'm the house on the corner that faces the intersection. That's my house. We're happy to have these folks as our neighbors and for them to renovate the building. We're really looking forward to that business being improved. And of course, I represent many of my neighbors. Their only concern is when um they have a congregation and they exceed the amount of parking spots, which we see is 63 and if they have 120 people in a service and they all drive and who knows how many are coming in cars, what are they going to do if they do exceed the spots? So, that's the only concern, especially the neighbors that are um in the courts that are across from North Hill View. um my corner probably people might be parking on that street. Oh well, they have to walk across the intern intersection, but the courts that are right there, people could be parking in there as well. So that's our biggest concern is um traffic and parking in the neighborhood. Other than that, we're happy that they're going to be joining our neighborhood. Thank you.

Thank you. Any others, please? chair. We have Miss Julia U. Hello. [clears throat]

Hello. My name is Julia U90 Cobblestone Loop. I've been a Mil PediS resident for the last 9 years right past the print town houses in US Bank. In fact, just a little longer than that, I've been attending New Life Community Church myself. I've been very excited at the prospect of the building because I am very proud of the city and I want others to be able to enjoy it, too. I can go on and on about how the city has a lot to offer, but I know you all are well aware of that. I also firmly believe that this church has a lot to offer as a good neighbor. My experience at this church has been nothing but wonderful. It's a church I've attended the longest duration-wise in my entire life. And there are multitude of reasons why I've stayed so long. One of which is that its people are loving, kind, genuine, faithful, and considerate. We are a tight-knit community that genuinely loves one another. And as an organization that operates on a belief that we're called to love our neighbor, I'm confident that we will be a blessing to the city of Militus. And also with the number of attendees, there are a lot of children and but we have minivans, so we carpool really well. And if I didn't feel so strongly about this, I wouldn't have come and brought my 18-day old 18-day old baby with me. So, thank you for your time.

Thank you very much. Any other public comments, please?

Hi.

Hi, my name is Jennifer Lou. I also live in Militas at the Coyote Creek community. I've been there since 2012 and we joined this church when my oldest when my oldest was just 9 months old. He is almost 10. So, it's been nine uh yes 9 years. And this church has been a blessing to us. um my husband and I has built our family with this church and it has been a blessing and just the community has helped us um learn to uh bear each other's burdens and love on each other and also extend that love to our neighbors. Um my community is uh condos like 33 units uh 333 units and there's also um a unique community where there are lots of families, lots of children and they are very interested in knowing how I have my community in my church and they um they also want to be able to be um have that blessing too and um driving far away to find a church specifically that is loving towards children is very hard for them. So finding a church in Militas close by will be such a blessing to me and my community at Coyote Creek. Thank you.

Thank you.

Are there any more public comments, please? Point like to make a comment. Uh we noticed that a number of families have brought their kids who have been very well behaved. Uh so I want to recognize these families came to speak uh and brought their children. We appreciate them taking the time to come out and acknowledge what takes for families uh in this uh community. Thank you very much. Now like to close the public uh might be some comments from uh the commissioners before we close the public hearing. Are there any comments?

Um, yeah. So, I wanted to address uh the concern from BJ regarding parking and um Sean, can you help kind of maybe enlighten us if there can be arrangement made with the other businesses in the complex to use their shared parking? If I may invite um director Lee to answer the process for a um shared parking agreement that may be considered by the planning commission.

Uh so a shared parking agreement is allowed um per our municipal code uh as a way to satisfy the parking requirement in this situation. The reason why we didn't proactively pursue a parking agreement is because they meet uh the standards without a shared parking agreement. Um and so typically if a if we if a shared parking agreement is desired that would come to the planning commission and planning commission could approve that parking agreement but the applicant would have to of course speak with uh the neighboring property owners and then come to an agreement that's kind of outside that that's that happens outside of the city but it does come to the city for approval and then eventually um that agreement um I believe gets notorized. So um it is it does become an official document. Um but in this situation there isn't one. Um although you know in the future if we or if the city finds that or or the applicant finds that a parking agreement is necessary and would be helpful then that's something that could be pursued and and come back to the planning commission but it's not part of this uh application right now. I do think that it would be difficult to try to require that right now and because it depends on the cooperation of the property owners. Um but in general um the accounting of parking right now the number 64 is only specific to the one owned by the church right and in that complex itself there are in excess of many more parking spots available on a Sunday right I mean I'm assuming that um the parking spots will be available to the churchgoers I'm not sure how it works in the sense that

technically the parking being allocated on site is supposed to be the designated parking for all um uh guests parishioners for that use. Um so we can't restrict what happens um uh on Sundays. Um the application uh formalizes the parking for this for the site, right? [snorts] Um like for example the kinder next door and all those stuff they have their own parking spots, right? That is correct.

Okay. So technically before visitors might park in the residential area there is a higher probability that they may seek parking in the adjacent um business spaces. I would say

if parking were to ex uh you know based on the applicant's materials uh they are able to accommodate all parking on site and but if they were to expand their use um you know uh uh rearrange rooms that might uh require um rooms for storage that might be used for additional classrooms. Um that would be the trigger for us to reassess the parking that might be um allocated on site. And I do want to briefly clarify what I said earlier. Um the parking agreement, a shared parking agreement would only have to come back if they needed it to meet the parking requirement. If it's not needed to meet the parking requirement, that's something that can be voluntarily worked out with the adjacent property owners.

Okay. All right. Thank you. I'm clear. Thank you. This point like to close the public hearing. Uh can I have a motion to close the public hearing, please? Um actually commission before we have that um we did mention that uh Commissioner Golong uh rents property for his business nearby there and can I just I I assume that Commissioner Golong doesn't see there being a conflict there but just for the record do you mind if I ask a few questions on that subject? Uh no you no sir.

Okay. Um, does the uh um does this decision here today actually uh have you been told or do you otherwise have reason to believe the decision here today would change the termination date of your lease? Was the answer no? Um and do you have reason have you been told or do you have reason to believe that the um decision here today would change um your uh your use of the property under your lease? Um I can you please explain again um

that is are the um have you been told or do you have any reason to believe that this decision you're making here today would change the terms of your lease and use of the property? I don't think so. No. Um, do you have have you been told or do you have reason to believe that the use of that um the decision today would impact um your uh use or uh lease of the property? That is how you use the property. No, your honor.

And I'm certainly not your honor. I'm just just the uh just the attorney and just making the record where I I think all these things were implicit in your decision, but just to for for public. Um, and then do you have any reason, have you been told or do you have any reason to believe that the decision today um would uh change or affect the um the rental value of your lease that is the rent that you're paying? Uh no.

Okay. Um those are the kinds of questions that uh that the uh conflicts ask us to look into. And um uh with that, I have no reason to recommend recusal of the member. Okay. Thank you, Attorney Creech. Now, can we uh close the public hearing? Do I have a motion to close the public hearing, please? I move to close the public hearing. Is there a second? A second. Thank you. Roll call, please. Commissioner Castillo. Hi. Commissioner Brown.

I, Commissioner Kong, I. Commissioner Golong, I, Vice Chair Kulkins, I, and Chair Gupta. Hi. Thank you.

Can we have a motion to uh approve this project? I I will make the motion to adopt resolution number 26002 approving conditional use permit number UP25004 minus site development permit number MS25289 subject to the findings and attach conditions of approval.

Is there a second? I would like to second this. Can we have a roll call, please? Yes. Thank you. Commissioner Castillo I. Commissioner Brown. I. Commissioner Kong. I. Commissioner Golong. I. Vice Chair Kulkins. I. And Cher Gupta. I. Thank you.

Project is approve. Approved. Congratulations. Thank you. [applause] this point uh we will uh move on to the election of chair and vice chair. Is that the right moment?

Uh I think we have a new business item first which is for the um bylaws amendment. Okay. So, there's a new business item we need to address uh which is invocation uh discuss the process and considerations for including an invocation as a standing agenda item for planning commission meetings. Um this is actually proposed by uh uh the previous uh one of the commissioners but want to I want to hear everybody's comments. We are in favor of this idea. Um

if I may, I could provide a brief summary of uh what this item is about. And you already um kind of alluded to it. Uh at the regularly scheduled meeting uh from last year, September 24th, the planning commission requested city staff agenda as a future discussion on an amendment to the planning commission bylaws to include an invocation as a standing agenda item for future planning commission meetings, similar to what the city council has done um at the outset of its meetings. And briefly, an invocation is a brief statement or reflection intended to offer wisdom, guidance, and a sense of community for the benefit of the hearing body and community. And uh there are more uh there's more to invocations which um I'll uh I'll let city attorney Chris Creech uh speak more if there are questions about the the legal aspects of it. Um but as we were

[clears throat]

uh as we were also reviewing the bylaws and uh um the um title one chapter 500 of the mil peters municipal code uh for this discussion. We also identified other administrative um changes to the bylaws and the ordinance uh to have greater alignment between the two documents um to also um encourage or to uh facilitate efficiencies in commission business and operations and again a few other clerical edits. So I'll provide a brief summary right now uh for the bylaws and this is all on the staff report but I just wanted to summarize amend section 2.03 03 to clarify that the chair is responsible for signing all resolutions approved by the planning commission which is our current practice. But just to make that clear um I had section 502 to to allow any member of the commission to offer a brief invocation and establish the invocation process and guidelines. So that was the original item that um gave rise to this and then amend section 5.04 which will will now be 5.05 with clerical edits. You can see uh copies of that and then amend section 5.099 099 now 5.10 to clarify that commissioners may vote uh on the approval of meeting minutes for meetings they did not attend if they have the sufficient information to do so because we've seen that happen in the past. Um and we don't want to prevent you know commissioners from voting for that as long as they are aware of the you know everything that went on. And then amend section 5.13 now 5.14 to allow the chair to close the public hearing without an approved motion by the commission just for efficiency. And then add section 5.16 to allow the chair um without a motion to adjurnn meetings temporarily or close the meeting after the conclusion of business and declare recess when necessary or expedient to do so. And uh now moving on to the changes proposed changes to the u militus municipal code uh amend section 1.07 uh to clarify that the planning commission shall elect the chair and vice chair at the first

meeting um in January rather than the fiscal year. So the code actually says fiscal year but our practice has been to elect the chair and vice chair as we hope to do tonight uh at the first meeting of the the calendar year and then also remove language requiring appointment of a secretary for commission meetings as we already have a wonderful secretary right over there. Uh so yes those are the changes in summary. Um and yes now we can open it up for discussion amongst the commission. So this is more than just the invocation idea. So you're actually changing many other bylaws, right? Correct.

Oh, okay. Everybody got the chance to review these additional changes or bylaws? Of course, we heard uh you know playing director J. Lee about that. But one question I do have about the invocation. Is invocation going to be optional or in every meeting there has to be an invocation by somebody? Um so the way that we crafted the policy similar to uh how the council policy works is that it's set up as a standing item. However, um the commission um may by vote um choose to skip it for any particular meeting and the commission may by majority vote choose to suspend the practice if it finds that it's no longer useful or needed at a meeting. So that is an option available to the commission both on a meeting bymeing basis as well as on a continuing basis. So it's the choice of the body if they can if they find that practice to be useful to them or not.

Is there any time limit for this invocation? Uh their proposed time or limit like 2 minutes, 1 minute, whatever. So in the uh in the draft uh guidelines um for the bylaw amendment, it simply says brief. So it doesn't set a numerical limit, but what is contemplated is a is a brief invocation in the same way that the city council's um invocation policy uh specifies a brief indication has typically as you said been um no more than a couple of minutes.

Okay, given that are there any other comments or questions? Yeah, I wanted to make a comment on the invocation because um I wanted to kind of scout out what other cities are doing and based on what I find online, the larger cities like San Francisco, San Jose, Fremont, the planning commission do not include any invocation. The only one that I could find remotely close to an invocation is city of Santa Clara. they have a statement of values and it's a fixed statement that they read every time. So it's not like um a special um agenda where somebody would have to you know um come up with their own invocation. So personally I don't see a need for Mil Peters planning commission to to add a standing agenda for invocation. Are

there any other uh comments about invocation as well as the other bylaw changes. Well, the other bylaw changes to make our minutes a little more in alignment with city council. I like that idea, but at the same time, I was thinking too about suspending the practice based on what we all want to do, you know, for the invocation cuz I I kind of agree and there is always a spot where we can make comments where we can say, "Let's go and be proud." So, um yeah. Commissioner Brown, you have any comments?

Really just a point of clarification. So, are we saying that we are uh suspending the invocation where we're not really thinking about adding that? Just really focusing on the revision of the bylaws. Is that what I'm hearing? Okay. Can vote on invocation separately whether we want it or not. uh in addition to the bylaw is a separate separate item I suppose right? Yeah. Yeah. If if when we get to the making of a motion if the maker of the motion says I would like to accept the other changes but not the invocation change that could be a motion.

So then I do have another question just to hear from other commissioners as this is my first as a NEO. I would like to hear from some of the other um commissioners in terms of what your thoughts are in regards to the invocation like you, Mr. Chair, or or or I guess two of them already made their comments. Yeah, two did. Yes. Yeah. Yes. So, I'm not necessarily in uh I'm kind of neutral on this. Either way, I'm fine. I mean, if if there's no invocation, it otherwise gives you additional thing to worry about when you come to the meeting. [laughter] Any [snorts] other comments? I'm neutral. I always listen. The microphone.

Sorry. I said I'm like neutral too. Like I always listen and I always try to hear everybody's comment and then if it's something that I have to add on then I will. But if it's something that I will agree if I'm like if like 10 of us if I agree with more than five I say okay I go with the minority and and I just say agree with the my you know kind of

in the middle. Yeah I'm neutral too. If necessary in the future why not? But right now I'm the majority um vote. I'll go for it.

Um chair may make then uh one comment. So obviously the practice of the commission had not previously had that invocation and as Commissioner Kong pointed out um certainly my experience with local um uh bodies is that while there are a number of cities where the city council might do something like that subordinate uh bodies um I have not typically seen that practice. Um uh so the proposal of adopting an invocation policy for the planning commission was something new to the the commission to be discussed. Um the other point that I'd make is that where comm where public bodies have adopted invocation process it's because their members felt a benefit to that that was worth the time um taking. And so, um, what I'd give to the commission is is that, um, the only function of adopting that policy is if you think it's worth the time.

Is there any motion about that subject from anybody whether for or against? Well, I'll make a motion to adopt the changes that we were talking about, but not include the invocation. Sorry, I actually should have stepped in earlier. We still need to type public comment on this item. Okay. Is there a public comment? Only public. We We don't have any public There are no speaker cards. Chair. Okay. Uh no public comments. We uh So, so then you have a motion, but you still need a second.

Is there any second? I'll second the motion, please. Yes. Yes. Um, com Commissioner Castillo. I second. I say I. This is This is the vote. Commissioner Brown. I. Commissioner Kong. I. Commissioner Golong. Hi. Vice Chair Culkins. Hi, Chair Gupta. Hi. Thank you.

So, I think new business is done. Then we'd be on to uh election of chair and vice chair.

Let's move on to election of chair and vice chair. Uh attorney. So, in previous years, I have presided over the election of chair and vice chair unless I hear a motion to the contrary. This is the procedure that we will use. I will start it um by calling for a nomination period. During the nomination period, any member of the commission may nominate themselves or any other member of the commission. Um they can also briefly speak in favor of their nomination. Um we will then continue until no more nominations are being made. Um at that point um we will then take uh public comment um followed by discussion um uh among the body and then once discussion is done um there will uh uh I would ask that someone make a motion um to appoint um one or another of the nominees and we will proceed by motion and discussion until a uh chair and vice chair are selected. We'll take the nominations for the chair first and then repeat the process for the selection of vice chair. And one last thing that I forgot to mention which is um when someone nominates um uh the uh nominee um should uh accept or um decline the nomination. So with that said and hearing no uh hearing no motions to use a contrary procedure um I will open the floor to nominations.

Nomination. [laughter] Yeah. I'd like to uh nominate Chair Gupta again because of your leadership and your professional professionalism. Yes. I'll nominate you as a chair. Chair Gupta. Do you accept that nomination?

Uh yeah I accept it. Yeah. So, uh I'm I'm looking to see if there are any other nominations. Seeing none, um then we would have uh discussion if any. Uh well, sorry. First, I will call for public comment. Is there any member of the public who wishes to make a public comment on this item? Seeing none, um it is for discussion if needed. If not, then uh I would ask for a motion. I'd like to make a motion to elect um Chair Gupta as the chair for the new term. I'll second that.

So I have a motion by Commissioner Kong, a second by Comm by Vice Chair Kulkins. Can I have the roll call vote? Commissioner Castillo I. Commissioner Brown I. Commissioner Kong. Hi, Commissioner Galong. Hi, Vice Chair Kulkins. I, Chair Gupta, hi. Thank you. That is unanimous. Congratulations, Chair. Uh, and then we'll move on to the nomination period for vice chair. Does anyone have a nomination for vice chair?

I'd like to nominate uh for vice chair, Commissioner Kong. Commissioner Kong, would you accept that nomination? Uh, I accept. Are there any other nominations? Nomination.

So, see seeing no, so you don't have any more nominations. I'm not seeing anyone else as to be recognized for nominations. So, I will consider the nomination period closed. I'll ask for public comment. Are there any public comment on the selection of vice chair? Seeing none, um if there is any discussion or deliberation, you may do so now. Otherwise, um we need a motion. I'll make a motion to elect uh Commissioner Kong as Vice Chair Kong. Second.

So, motion was by vice uh uh the motion was to appoint Commissioner Kong as vice chair. It was made by Vice Chair Culkins and seconded by Commissioner Galong. Roll call vote. Commissioner Castillo I. Commissioner Brown I. Commissioner Kong I. Commissioner Golong I. Vice Chair Kulkins I. And Chair Gupta. I. Thank you. Congratulations Commissioner Kong. With that we have concluded the election of chair and vice chair and we can move along to uh adjournment.

That was pretty smooth. I [laughter] maybe uh maybe we can adjourn the meeting first and then

okay it's time to uh adjourn the meeting. Um first of all I have to read this statement. Uh any person agreed by any final decision of any board commission or department head the city of Mal Petus may appeal to the appeal the decision to the city council by filing written notice of the appeal with the [snorts] city clerk within 12 calendar days of the date of set decision and paying the required fee. This time limit shall be strictly enforced. So with that may I have a motion to resume the meeting please? Make a motion to adjurnn the meeting. Is there a second? I second.

Commissioner Castillo I. Commissioner Brown. I. Vice Chair Kong. I um Commissioner Golong I Commissioner Kulkins I and Chair Gupta. Hi. Thank you.