Planning Commission - Regular Meeting

Tuesday, September 23, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Morgan Hill, CA
Meeting Date
September 23, 2025

Transcript

511 sections (from 588 segments)

0:080

September 23 planning commission meeting. I'm gonna call the meeting to order. Jenna, can we do a roll call?

0:201

Yes. Thank you, chair Wilson. Chair Wilson?

0:271

Commissioners Habib should be online.

0:321

Perfect. Thank you. Mueller?

0:371

Tonda?

0:401

And commissioner Lovato has an excused absence? Oh, and commissioner Downey. Thank you.

0:500

Thank you. Can you Jenna, can you declare the posting of the agenda?

0:561

Yes. Thank you. Tonight's meeting agenda was duly noticed and posted in accordance with government code section five four nine five four point two.

1:050

Thank you. Paul, wanna lead us with the Yes. Allegiance, please.

1:132

Allegiance of The United States. To be brought by the rich mangings, one nation, under God,

1:26 – 2:030

Thank you. Public comment. Members of the public are entitled to address the planning commission concerning any item within the Morgan Hill Planning Commission's jurisdiction. Public comments are limited to no more than three minutes except for certain specific exceptions. The commission is prohibited from discussing or taking any action on items not appearing on the posted agenda. Orders of the day, gentlemen? All good.

2:032

All good? Alright. Thank you.

2:060

First item on the consent agenda is recommendation.

2:116

Not agenda is public comment. Public comment.

2:140

Public comment. Any public comment? Thank you.

2:191

Is this for

2:216

Just the chairwoman.

2:231

Is this, are you speaking on the first item?

2:260

No. No. It's Oh,

2:281

oh, just okay.

2:314

Thank you, mister chairman. Wait. Your mic. Is

2:386

it alright?

2:392

It's alright.

2:41 – 3:177

Thank you very much. My wife and I are here, Rocky and Glenda Garcia. We've been homebuilders in Morgan Hill for over fifty years, and, this is our community too. What I've given each of you is a packet for, hopefully, a change in the below market rate system, the inclusionary housing. Basically, what we would like to we're proposing and working with our attorney and mister Larkin is to go back and also allow duets on corners of the of our projects.

3:17 – 3:517

Single family detached homes that, like, we build up at Capriano. We had duets on the corners for very low income, below market rate income. And we'd all we'd also like you to consider ADUs as extremely low income and add that to our BMR program. We're looking forward and anxiously to talk about it. We're also working with other builders that we have in the community. Thank you very much. I will leave that up to my wife now to tell you a little bit about Mhmm.

3:52 – 4:188

I'll be really quick. We built duets at Capriano, and we built them at Siena. I had the privilege and planning commission, I told the same stories to city council. I had the privilege of handing a couple their key to their home at Sienna, and this is how many years it was. So she worked at Mervin's, and he was a butcher at Madrone.

4:19 – 4:438

When I handed her the keys, she cried. They are still there. I cried because she was crying because she was so happy to have a home. The house looks just exactly like ever all the other homes, so we would encourage that we can go back to building the duets on corners. The neighbors love it. It's nice, so thank you for your time.

4:444

Thank you.

4:446

Any next clarifying questions? Are you gonna ask clarifying questions, or are we just?

4:492

If if they're brief questions, we don't wanna have a discussion about what they just asked because it's not in the agenda. I just it's just a brief understanding of

4:576

what we received. So you're proposing a general change for the inclusion housing? Is that what

5:037

you're Yes. We are. And an alternative to what we have now, just an an additional way to do it like we used to do it.

5:126

Okay. So this is for all of the inclusion housing. Okay. Got it. Thank you. Thanks.

5:160

Thanks. Jenna, do we have anybody online or any other public comment?

5:261

I don't see any further hands.

5:28 – 5:480

Okay. Alright. So orders of the day are good? Okay. Thank you. First consent item is the approval of the July 8 meeting minutes. Motion to approve? Second. Do a roll call? Or

5:481

Yes. Hold on one second for me. Okay. Chair Wilson?

6:001

Commissioners Habib?

6:091

Lake, your mic was off.

6:130

No. It's

6:141

I just yeah.

6:154

Aye. Tonda?

6:231

And Lovato is absent.

6:2810

Downey?

6:301

Motion passes six zero zero one. Oh, Mueller.

6:420

Thank you.

6:439

That new system isn't very helpful,

6:452

is it?

6:46 – 7:140

There's always a few bugs, I guess. Public hearings. So we have three items. First one is ZA20250001. Founded auto park PD amendment in the development plan for a auto park PUD located at Southwest Corner Of Conant Road, Indiana Avenue.

7:15 – 7:550

Next item is ZA20250002 Condon Condon Road PD amendment to the development plan for Condon Road, EUD, located on the West Side of Condon Road. Wow. That's a mouthful. Last item is CA twenty twenty five zero zero five Laurel Honda PD amendment to allow uses of the what's that? Oh, CHPD overlay zone, if I may. Easterly terminus of Laurel Road. Thank you.

7:58 – 8:1211

So Britney Sherman from economic development division will be giving the presentation tonight. I also want to note that, a supplement was submitted, via email to the planning commission from Victory Honda in support of the item tonight.

8:132

Thank you.

8:231

Yes. Okay.

8:27 – 8:4210

Good evening, planning commission, community, and the oh. Sorry. Am I on? Am I on? Yeah. K. Good me good evening, commission, community, and my fellow teammates. My name is Britney Sherman. I'm the economic development coordinator for the city of Morgan Hill. I'll be giving tonight's presentation.

8:43 – 9:4610

This is, city initiated PUD updates two point o two point o presentation as the other presentation we gave was back on June 24 as a workshop. So the economic development team is guided by the 2017 economic development blueprint, again, created in 2017 and reassessed and reapproved by the council earlier this year. There are four industry areas in the economic development blueprint. We are focusing today on the retail and tourism sectors. So with these PUD amend proposed PUD amendments, we are looking to achieve the following goals, to attract investment and remove barriers to development, to support the outdoor sports center and aquatic center facilities and the users of those facilities, to improve retail flexibility and, again, remove barriers to it, to increase revenue generation through sales tax and TOT, and to support tourism, both the existing tourism facilities that we have here and to grow new and future facilities.

9:49 – 10:1510

First, I wanna touch very briefly on sales tax. During the workshop presentation back in June, we did talk a little bit about this, but just wanted to clarify a few points. So sales tax accounts for approximately 24% of the entire general fund. If you look at the pie chart here, that is how everything is broken down, a 100% within that 24%. As you can see, the autos and transportation account for 22% in the pie chart.

10:15 – 10:3910

There's a 122 businesses included in the auto transportation category. Our auto dealers are consistently included in the top 25 sales tax producing businesses. So they are important, and we want to grow them. Tonight, we're gonna be looking at three proposed PUD amendments. The first two you have seen in the workshop, and the last one is in addition.

10:39 – 11:0510

So we're going to be looking at the Condit Auto Park PUD, which we referenced earlier as the North Condit. Then we're gonna be looking at the Condit Road PUD, which is the southern part of Condit. And then we're going to be introducing the Laurel Honda PUD, which is basically the Victory Honda site on the other side of 101 because what we are proposing there is consistent with what we're proposing for the Autopark PUD. Alright. So first, we're gonna detail the mountain go one by one.

11:05 – 11:2810

The first one we're going to look at is the Condit Autopark PUD, so that's the northern part of Condit. That PUD is approximately 25.3 acre site. It's on the West Side of Connett Road between Diana and Dunn. It has a general plan designation as commercial and a zoning as highway commercial with a PUD overlay. Here's just a quick graphic.

11:30 – 12:1110

Let's take a look at the history for this PUD. So in 2005, the PUD was established to accommodate regional and community serving uses, those including auto dealerships and retail, and those that typically require and benefit from access and visibility to the Freeway. In 2009, an ordinance was adopted establishing the auto park precise development plan allowing four vehicle dealerships to operate there, including the already existing Ford dealership. In 2018, design permit was approved for the Chrysler Dodge Jeep Ram dealership, and then in 2025, a temporary use permit was approved for family RV. Alright.

12:11 – 12:3510

Existing businesses that are operating within the PUD now are two new vehicle dealerships. The first, the Ford store in Morgan Hill, and the second, the Chrysler Dodge Jeep Ram. And then we have RV sales and service. We have family RV operating as a temporary use under a temporary use permit there. And while we don't have vacant land per se because there are three parcels in that area, all of which have been built on, we do have undeveloped land within those parcels.

12:35 – 13:1910

And we have had some of these existing businesses inquire about adding additional vehicle dealers on their site, which at this point, four are allowed, we could only allow one additional, which would leave out any remaining that might want to locate there. And some goals for the auto park PUD are to reduce the barriers for auto dealerships. As we've as we've investigated some of the auto dealers and looking at that where that industry is going, they're doing kind of what retail is doing, which is rightsizing. So a lot of the dealerships are actually becoming smaller. They're micro dealerships, so there's more of them locating smaller spaces and then having additional, presence as far as the showrooms go and then having kind of more of an experience in those dealerships.

13:19 – 13:5910

So higher end coffee, kind of bougie accoutrements kind of thoughts. So everything kind of small sizing, but getting a higher quality. We're looking to enhance the flexibility by permitting all of those smaller dealerships as we're seeing the industry go in that way and to increase sales tax revenue generation through the additional dealerships. The proposed PUD amendments are as such to remove the cap of four motor vehicle sales dealerships. In addition to that, we're looking to revise the language that's in there now just to make it sync with the municipal code to say vehicle sales and leasing, again, as defined as what is in the municipal code now.

13:59 – 14:2110

So just kind of cleaning up the definitions and then removing that cap of four to allow additional dealerships in the area. Okay. Now we're gonna move to number two, which is Condit Road South. So we're looking across from the sports complex in the aquatic center. So the Condit Road PUD is approximately a 35 acre site.

14:21 – 14:5210

It is located on the West side of Condit Road between Dunn and Tennant. It has a general plan designation as commercial and a zoning as general commercial with a PUD overlay. Endographic. And some history on the Caunton Road PUD. In 2000, they established five separate PUD's in the vicinity of Dunn Avenue and Highway 101 interchange and established and permitted conditional uses for Area 5, which is what we're talking about here today.

14:52 – 15:3510

In 2002, they established the Condon Road precise development plan for Area 5. In 2008, the uses within the Condon Road PUD were amended. And in 2009, there was an amended ordinance that allowed for a San Jose earthquake's training facility in what is now the Jayco RV lot. Okay. So existing businesses operating within the Conant Road PUD. For restaurants, La Hacienda. Fast food with a drive through, Carl's Junior. Hotels and motels, the five you see listed there. Vehicle dealerships, Poppay Kenworth and Jayco doing RV sales. We have an indoor fitness center, which is Fifth Element Fitness, which was the prior patio world.

15:35 – 16:0010

Commercial uses with outdoor sales display, we have Harley day House of Thunder Harley Davidson. That building is actually for sale now. In the next bullet point, you can see that we have a vacant building, which was the prior Airstream Adventures. Since the workshop in June, we have learned that House of Thunder Harley Davidson is actually going to be rightsizing and reducing their footprint and moving into the prior Airstream. So they're not leaving the community.

16:00 – 16:3810

They're just relocating, downsizing a bit, which, again, still leaves us, their existing building as for sale. In addition to that, we do have four parcels of vacant land that total approximately 6.68 acres and have not been developed at all. So if we're looking at the adjacent uses, so, really, the concept behind the goals and the chain the proposed changes in the PUD are to support the outdoor sports center and the aquatic center to really boost tourism and to support the users and the facility there. So here's a little bit of history on either. The outdoor sports complex opened in 2007.

16:38 – 17:0610

It has 28 acres and 12 fields. The MHOSC is comprised of three nonprofit organizations, came together, created an LLC, and took over in 2019. There's an average of 20 to 21 tournaments at the outdoor sports complex per year with an average attendance at 3,500 or 5,500 attendees. Six of those tournaments per year draw teams from well out of state. We jump over to the aquatic center right next door, it was opened in 2004.

17:07 – 17:4010

It has an Olympic size pool and recreation pool. It averages 10 to 12 meets per year with an average attendance of 500 to 2,000. The swim meets span two to three days, and they have both a regional and a statewide draw. So combined, both of these facilities are almost drawing a 100,000 attendees to this area, many of them out from out of the area. In addition to that, this does not include any of the special events that are held at the sports complex or any of our local or regional users that might be using the facilities as well.

17:44 – 18:3310

So the goals for the Condit Road PUD are as follows, to reduce the barriers for commercial, recreation, and hotel development. As you saw on the previous slide where it had the existing businesses, we haven't had anything built on Condit Road in seventeen years. So we're trying to really reduce those barriers to development and encourage new commercial recreation and hotel development. Support uses that complement the outdoor sports complex and the aquatic center, both the facility and the users of those facilities, to encourage lodging development, to support tourism, again, whether that is with our existing facilities or to encourage the building of additional facilities, and to increase sales tax and transient occupancy tax revenue generation. So here are the proposed amendments for the Conant Road PUD.

18:34 – 19:1510

We've struck through kind of whatever struck through in red and then was bolded after is the removal and then the addition. So we've removed wine tasting and simply opened that to tasting rooms of any kind. We've included general in front of retail, again, just to just to coincide with the municipal code to clean up the definitions. We're having uses including grocery but excluding liquor stores. We've removed the cap on motels and hotels, and we have increased the commercial indoor recreation to 30,000 square feet or less and also included outdoor recreation, really trying to bolster the creation and the addition of of new tourism spaces.

19:15 – 20:0610

We've removed financial service, professional office, school, business, trade, and tutoring because we don't feel that those are uses that support the complex or the users of the complex. On the conditional use side, we have increased the commercial indoor from 3,000 to 30,000 square feet, also added additional outdoor recreation. We've removed the cap of two motor vehicle sales and service uses with outdoor display, and we have removed the cap on restaurants with drive through. I do wanna say that when we had the workshop, the commission had asked if we had reached out to the sports complex to see if these had if these changes actually fit within what they're hearing from the users of the complex. Director Mahid and I had a conversation with the operator of the outdoor sports complex as well as one of the board directors, and they were very complimentary of the changes we wanted to make.

20:07 – 20:4110

Very complimentary of adding additional sit down restaurants so parents and kids could go in AC and kind of sit down and relax as they're between games. Definitely complimentary of additional entertainment so that while they are waiting sometimes most of the day or a couple hours in between games that there is a place for them to go and be entertained and have recreation and for parents to enjoy and relax and perhaps partake in a beer or glass of wine at a tasting room. Interesting interestingly enough, we thought grocery would be something they would be very, very excited about, which they were, like, kind of agnostic about. Hey. This is great.

20:41 – 21:0010

If we get grocery out there, that's fantastic. What's more important to us is to get actually get convenience. So to get a convenience market that offers healthy and very quick service items. So that was something we learned new, which you'll see in the next slide. And, of course, anything indoor, outdoor recreation, to keep kids and families entertained, they were supportive of.

21:02 – 21:3510

So here are some proposed new conditional uses. Convenience market, as I mentioned, based off of the feedback from the outdoor sports operators. We are proposing to add in an athletic training facility with ancillary accommodations. So if we had somebody like the earthquakes come back and ask for a training facility, but say, we would like to also build housing because we can't find housing for our sports teams or for our corporate corporate headquarters or anything like that. We would be able to allow both the training facility as well as ancillary accommodations to be built for that sports team.

21:36 – 22:0310

And then we wanted to add some temporary uses. Again, this was part of a conversation we had during the workshop in June. So we're going to add temporary uses limited to a one year with a two one year extensions. In addition to the temporary uses already out outlined in the municipal code, we would like to add live entertainment, recreation, social gatherings, and any other temporary uses which development services director deems to be appropriate. Alright.

22:03 – 22:3510

Now we're going to jump over onto the other side of 101, and we're gonna look at the Victory Honda site, which is known as the Laurel Honda PUD. The Laurel Honda PUD is approximately 9.27 acre site. It's on the easterly terminus of Laurel Road. It has a general plan commercial designation, and it has a zoning of highway commercial with a PUD overlay. A little bit of history on the Laurel Honda site.

22:35 – 23:1910

In 1996, they established the commercial highway PUD. In 2000, they established five separate planned unit developments in the vicinity of Dun and Highway 101. This area was deemed area two of that PUD. In 1997, the Honda dealership was developed there. In 2014, there were amended boundaries of the PUD that changed 2.3 acres adjacent to the Honda dealership from multifamily to commercial to allow them to expand their use into that area. And in 2015, the Honda dealership did expand into that site. They are still using that site today. As it mentions down here, mainly vehicle storage. It's for available vehicles. The dealership still remains on the the right hand side of that space.

23:23 – 24:1510

And existing businesses operating there are Victory Honda Morgan Hill, again, built in 1997, so that has been the only operator on the site since. And they have actually I should say, they have actually come to us and asked for, asked for guidance on what they can do there and if they have the ability to add additional auto dealerships onto that site as well, again, why we chose to add them from the workshop into this presentation today. Alright. Some goals for the Laurel Honda PUD, again, to modernize the zoning, to reduce the barriers to development for further auto dealers, to enhance some flexibility on the site, and to increase the sales tax revenue generated through additional auto dealers. The proposed amendments for the Laurel Honda PUD are as follows, to remove the cap of one motor vehicle sales dealership.

24:15 – 24:4310

So currently, only one only one vehicle only one dealership is allowed to operate on that site, so removing that cap to allow additional. And, again, just doing a definition cleanup to comply with the zoning to to change that to vehicle sales and leasing so it's consistent. So an overview of outreach and our recommendation. So our outreach timeline, you notice property and business owners. On June 24, we came to the planning commission with a workshop.

24:43 – 25:4910

On July 10, we gave a presentation to the Morgan Hull Chamber of Commerce Economic Development Committee meeting. We are here today giving you a two point o presentation, and then we will be going to the city council on October 15. And as for conclusion, the proposed updates to the Auto Park PUD, Condit PUD, and the Laurel Honda PUD are going to support all of the following, to promote investment and reduce barriers to future development, to improve retail flexibility and, again, remove barriers for retail development, to support the outdoor sports complex and the aquatic center, both the facility and the users of those spaces, to increase sales tax and transient occupancy tax revenue, and to support tourism, whether that's for our existing facilities or to grow and expand new facilities. And staff's recommendation tonight is to approve the city initiated plan development zoning amendments as proposed for the Condit Auto Park, Condit Road, and Laurel Honda PODs. And that concludes my presentation.

25:4910

Happy to answer any questions.

25:500

Nicely done.

25:512

Thank you.

25:520

Commissioner Habib.

26:053

Yeah. So just to clarify, you're asking for clarifying questions on the presentation. Sure.

26:1312

Go right ahead.

26:15 – 26:273

I don't have anything specific to the presentation at this time. I do have other questions in regards to the the ordinance and uses. So I'll I'll pass from now, chair.

26:280

Okay. Liam? Yeah.

26:33 – 27:126

My microphone on. Yep. Yeah. Couple of quick questions. Good presentation. Nice and concise to the point, but we like that. So on the first one, conduct. Right? So we already have I thought we only had an allowance for three, but it sounds like we have an allowance for four dealerships. We only have two right now, and I guess the third one being Family RV, which is temporary. Correct. I've got just a couple of questions. Are they planning to stay there?

27:1310

Yes. They are planning to build out a dealership They wanna They're moving through the process.

27:16 – 27:356

Yeah. Yeah. Okay. So it's not like they just they actually want to develop it. Right? Okay. So that pretty much occupies the three available lots. Right? So the general idea is opening it up so any one of those could have one to multiple micro dealerships within their is it, like, multiple brands, for example, something like that? Is that the

27:354

general idea? Correct. Okay. Got

27:4012

Expandable. And Commissioner Downey, can I expand upon that answer?

27:450

Yeah. Sure.

27:462

Go ahead.

27:46 – 28:0712

Good evening. Matt Mayhood, economic development director. Good evening, commissioners. The there's three parcels currently within the EUD. The Chrysler Dodge Ram Jeep dealer developed on half their parcel, so they have about 4.25 acres vacant Oh, it's vacant.

28:07 – 28:3512

Still within their parcel. And then Family RV, the way his he's temporarily operating on his on his site, but his intentions based on the plans that we have seen indicate that he intends to split the lot and operate on one half of the property and then sell off the other side of the property for another dealership OEM. So that would be five dealerships within PUD.

28:356

Okay. Got it. Okay. Thanks. I think all my other questions are more for general commentator. So okay. Yeah. I'm good.

28:43 – 29:020

Right? Paul? Great presentation. Pretty clear. I just had one question as related to the dealerships. When you say dealerships, are we talking new franchise, or we're not gonna have a bunch of used car lots there, are we?

29:03 – 29:1912

I think, appreciate the question. I think it's a really good question. We've we've talked about that internally. I I we believe the the cost of construction would, limit the the type of dealerships to be new dealerships.

29:20 – 29:3412

But Because the the the design requirements, the cost of construction, the off-site improvements, all of that would just really be, you know, cost prohibitive for a used car dealership to come in.

29:340

So we're not gonna codify it, though. Right?

29:376

But it doesn't restrict it.

29:3912

Right? It doesn't restrict it. Vehicle sales CarMax or something like that. You could end up with a CarMax.

29:4612

Quite honestly, those sites aren't big enough for a CarMax. They're typically on much larger sites. Right. Okay. Historically. But Alright. Never know. Thank you.

30:00 – 30:224

First question is we developed some new dealership guidelines, but it seems like we're not going there with this. And I thought there was a lot of benefit in what we develop. Is that just can you help me understand why we're not moving into what I think are better guidelines?

30:24 – 31:1212

Within each of the PDs, there's existing design guidelines along with citywide design guidelines, and the the vehicle sales design guidelines that we implemented for the Ramall Crow property were rather specific for that property in order to target and and put the overlay on those 29 acres. So at this time, we're trying to really, quite honestly, open up the the the the available land for development. And if we wanna come back and take a future look at, you know, updating design guidelines for each of those PDs or or bringing back an overlay over that, we could do that at a future date.

31:15 – 31:404

I think I'd like to see that at some point. Right? But I understand there's a real sense of urgency because of the settlement agreement up on Cochrane. Right, we're not that isn't the site anymore. So getting more sites here is probably the quickest way to get it. Right?

31:41 – 32:2712

Well, the, yeah. I mean, between between the Trammell Crow settlement agreement or their builder remedy, the city lost approximately 20 acres of commercial land, potential commercial development land. And then with a settlement with 10 at the Tenet and, Butterfield property, 740 Tenet, There's an additional 11.26 acres of commercial land that was lost to housing development. So really from an economic development standpoint, our goal is to expedite the ability to attract and additional auto dealer investment into these PDs.

32:28 – 33:074

Okay. Two more comments or questions, actually. One on the Condon Road PUD on the South one. Right? There's a discussion there about temporary usage, and there's a reference to a specific municipal code. That municipal code contains time limits and number of times it could be used. The time limit you proposed here is much longer than what's in there. So is there a conflict there?

33:11 – 34:0310

Not that we've identified. Per per the conversation with the workshop we were trying to think of, we kinda tossed around some different ideas of what might be able to go there as a temporary use. And in the municipal code in the section that's referenced here, there are very tight timeline distinctions between whether it's a farmer's market, whether it's a circus, you know, whether it's anything that's going there. So what we were trying to do was say, if someone's going to invest in, let's say, one of the one of the vacant ones, the undeveloped lots that we would like to see in, we wanna bring a circus out there or we wanna bring some type of of really fun, that social entertainment type activation, whether it's mini golf or whatever, somebody is going to have to invest heavily in developing out that even as a temporary use. So just thinking the amount of time and money and investment that's going to go into that warrants a little bit more of an additional timeline.

34:03 – 34:254

I I I understand why, and I understand it greatly. But when you reference a specific portion of the municipal code and it talks about a carnival in that code Mhmm. The timelines and the number of days allowed is different. Right? So who outweighs what? Or are we gonna just coordinate the,

34:262

I mean, the

34:270

PUD and the municipal code.

34:28 – 34:542

The the idea of the PUD is that it creates deviations from municipal code that the planning commission city council think are beneficial, and there's a benefit to creating those deviations. So in that circumstance, the the PUD would control, the municipal code. It would have been essentially be a specific amendment to the municipal code for that PUD.

34:54 – 35:274

Okay. Okay. Thank you. I just wanted to make sure that was right. And the convenience market is sort of a novel one. I I didn't when I first showed it, I couldn't understand why. Now I think I understand why. Mhmm. Yes. Specific The problem is how do you get there? Because 99 out of a 100 or maybe 999 out of a thousand don't have the kind of food that those athletes and those families are gonna be living for.

35:28 – 36:0810

Sure. I I found that feedback from the sports complex operator very interesting because that's not anything of of what I was expecting her to say. I figured she would say, yes. We want grocery. Yes. We want Panera drive through, and, you know, we want more healthy options. But, really, it came down to the fact that she's like, although some of the tournaments, those kids and the families have hours, Sometimes they're back to back to back to back, and they don't have time to get in their car and leave. So being able to drive being able to walk across the street and grab something that's quick and and healthy that's not a fast food item that you don't have to sit down for, she said would be really beneficial and valuable for the users.

36:09 – 36:394

Okay. I I agree. Right? And I've heard heard that thing about time before. But but how do we get there? A convenience market is such an understood item, right, that it will we could get a convenience market, and it wouldn't have what we want, but yet it's a louder an allowed use. So how do we get the high end one that has food that's tailored towards that particular customer?

36:39 – 36:5910

It's a conditional use permit, so I guess we have a little bit of a little bit of legal one way or other. But I but but it's a great question. And I and I don't know just like the new sales dealerships versus versus the used ones, do we do we have the ability to say yes to one and no to the other? I it's it's a great question.

36:590

I'm not sure you can get that prescriptive. I think the market would dictate what they sell. But it can be sure use.

37:084

Does give us a little bit little bit of leverage.

37:10 – 37:462

It does. I think, the PUD also gives some leverage. And I think if your direction to staff coming out of the meeting was to try to figure out how we can be a little bit more prescriptive, I I think it can't be you know, we don't wanna be overly prescriptive, but I think requiring, you know, certain amount of fresh produce or something like that is probably something we could do through a PUD ordinance, and we could certainly look into that if that was the direction that the commission wanted to give us coming out of this.

37:47 – 38:1112

I I would I would also like that. I think the same thing applies as the the cost of entry into the market of a greenfield development along that site into any of the four vacant properties will be significant. So whoever is coming in to develop, if it's a a convenience market, is gonna have to be a higher end convenience market in order to afford the barriers of entry.

38:11 – 38:336

But, Joe, can I add to your comment too for a second? You mind? I found it I mean, I didn't bring it up here, but I found it a stranger in myself because, you know, it's the one area in town where all of our youth gattos, convenience stores make their money on booze, cigarettes, lottery tickets. You know? I don't have any convenience store that's selling fresh produce.

38:33 – 39:122

Right? I will I will tell you that I've been to convenience markets that are operated by Whole Foods that have premade sandwiches and produce, and they're small they're they're not real full service Whole Foods stores, but they are a healthier alternative. I I hear what you're saying because that is what we think of when we think of convenience store. Yeah. And that's what I've said. I think I think through the PUD ordinance, we can put some constraints on sales of tobacco products and alcohol and things like that because because that's not the purpose of Not plowing the springs.

39:12 – 39:290

Okay. I think I agree with Matt, though. It's gonna cost a great deal of money to open that store. And I think with that sports complex and aquatic center across the street, they're gonna get the message that at least part of their product line is gonna be on the healthy side. You know?

39:292

And and we could absolutely restrict it to that go ahead. Yeah.

39:320

I think that'd be a good idea.

39:346

Sure. I mean, okay.

39:354

We're we're now in a discussion. But I started clarifying.

39:386

You have to get You start to so

39:440

Okay. Good. Else? Commissioner Habib, did you have any questions before we get into public comment?

39:563

I'm trying to see if there's any clarifying questions I have on my list here.

40:00 – 40:473

Well, actually, maybe I do have one clarifying question. So on one of the slides, it had mentioned let me see if I can pull up the slide. I can't pull up the slide, but it was essentially talking about some of the the changes for where the current family RV is and the changes that it had made to, I believe it was either the conditional use or the uses allowed. And I believe again, I'm just going off of my my memory here. I can't find the specific slide, but it talked about the one of the changes being removing recreation vehicles from the the sales for vehicle sales and leasing.

40:48 – 41:143

And I was wondering if, for terminology purposes, is the definition of a RV also considered part of the regular vehicle sale, or is that a separate category? And, again, this is, I think, on the section for vehicle sales and leasing. It talks about the retail sales or rental of new or used vehicles rather than specifying RVs.

41:15 – 41:4710

Thank you, commissioner. I think we talked about that at the workshop as well. Somebody brought up the idea of motorcycles being included to your point. So as we're we're talking about removing the cap of four and the way it the way it sits now of four motor vehicle sales dealerships for the sale of automobiles, boats, and or recreational vehicles. So all of that is combined in that definition. What we're going to do is clean that definition up and and make it coincide with the municipal code to say vehicle sales and leasing. All of those same uses are already included in the vehicle sales and leasing definition.

41:472

Okay. Most folks. Right.

41:4910

Including motorcycles.

41:502

Right. Yeah.

41:53 – 42:203

Thank you. And let me see. I think there was one more. Oh, yeah. So clarify clarification in regards to, I believe, it was wine tasting and removing that, with tasting rooms. Can you maybe, tell me a little bit more about when it comes to the definition of a tasting room versus I must say, obviously, for wine tasting, that's more specific, but what else would be in the definition of a tasting room aside from, for example, beverages?

42:21 – 42:5310

So we just wine tasting, it's very restrictive. So, again, trying to open it and remove barriers and allow additional uses there. So in addition to wine tasting, tasting, what we're seeing that's very popular now is is a lot of beer brewery tasting and a lot of pop up breweries. We actually have a couple that I've been talking to for quite some time now that might be a great candidate to try one of these temporary use type situations, but they do beer. So if we kept it at wine tasting, they wouldn't be able to allow it to operate there. So we're just trying to expand the the uses.

42:542

So it's different. Wine, beer, and

42:5711

other, alcoholic beverages.

43:0010

Right? We have cider company too.

43:01 – 43:213

Can that include, like, other substances? Like, I don't know if marijuana is a thing if there's, like, different flavors of marijuana or different vapes or smoke cigars and and so on and so forth. Can it be expanded up to those types of uses as well?

43:22 – 43:502

But right now, we don't allow flavored tobacco with with limited very limited exceptions for certain types of cigars, and we don't allow, cannabis sales either. So, I mean, in theory, those could be expanded, but it would require a major change to how we regulate both flavored tobacco and and cannabis in the city.

43:513

Okay. So right now, it's really just food stuff, I guess, you can consider?

43:599

Okay. Thank you.

44:026

Anything else? Thanks.

44:06 – 44:170

Any other questions before we open the public comment? Nope. Okay. Thank you. So, Jenna, do we have any speakers either online or speaker cards?

44:221

I don't see any raised hands, and I don't have any speaker cards.

44:270

Okay. Close. I'm gonna close the public comment.

44:346

And Cherry, you wanna go around the room? I'll I'll give a quick summary of where I stand. Do you wanna alright.

44:390

Yeah. So start with the start with me. Yep.

44:42 – 45:026

Alright. I'll I'll I'll summarize. In short, I'm very supportive. You know, I am we've been talking to this for a long time. I like the fact that we're getting creative and opening up options at least. I know you can bring the horse to water. You can always make and drink it. Right? But at least you're bringing the horse to the floor and opening up the opportunities. Right?

45:05 – 45:446

I don't have a problem. I think the market will self regulate. So when you lift the number, like, three or four and have no upper limit, you you know, it might be a fear to say, could we could we be awash? I doubt it. I think the market itself and the space itself will dictate that. I like the idea of I think dealerships are finally taking what I would call the European style, which is they don't have 400 cars on the lot. They have 20 or 30, and you order a car or it comes from some other location, you know, to be delivered to you. So I like that idea. The only thing I would say in support of it is on the conduct side, I haven't so don't get me wrong. I love the sports center.

45:44 – 46:196

I love the aquatic center. I think it's fantastic what it brings. I see no hard evidence of what contribution it ultimately makes to the junk fund. I'm And sorry if you're being so crude about it, but this is partly objective here is to put more money in the general fund for general usage. So I think we need to continue to push for the bigger ticket items. It's great to say, like, another sports facility, but it makes no no real contribution. I don't really know. I haven't seen any economic evidence that says our hotels fill up every time there's a an event like that. So if we could push, and I know

46:192

you will

46:19 – 46:466

encourage, along those three areas, more bigger ticket items. Right? And, yes, dealerships is one of those that created like that. So that would be good, but I'm very supportive. I like your creativity. I like the ideas. Don't think it's gonna be any detrimental problem. I think it's good good for this city overall, and especially on content. I think you've got you still got the opportunity to make some stuff up there. Thank you. Wayne?

46:479

Yeah. I very much wanted is this on? Yeah. Questions on Sprite.

46:545

There we go.

46:54 – 47:199

Oh, pretty good. You did that kind of remotely. Yeah. I wanted to get educated on this because this I didn't understand really how we got in this situation, but, it has become clear. At the center of the first of the three PODs, there's the issue of somebody decided we should have no more than four dealerships.

47:20 – 47:409

And now in hindsight, we say, why? It could be more and it's recommended to be more. On the Condit, it was somebody decided that, we should have no more than five hotels. And upon reflection, we feel that that may not be an appropriate decision. Why do we have five?

47:41 – 48:249

And on the, Honda site on Laurel, we have one dealership, and somebody concluded that that was more enough, so we'll have one. And now I'm saying, did we put that restriction in? So common to every one of these is we I don't know if it's the planning commission, city council, staff, but somebody made the determination that we shouldn't have any more than x number of, businesses. And and the facts are the number of businesses are really if it wasn't for government, it's really governed by the free marketplace. For example, you can't have any more than 35 car washes in Morgan Hill.

48:259

I'm kidding. But we'll find out what the appropriate balance is or new chicken plates is. We'll find out

48:3111

what the balance is. Chicken.

48:33 – 48:549

And if it's there's an equilibrium. And when you're trying to be as creative as possible and not knowing the future, it's, I think, best to have as few restrictions as possible. And if there are restrictions, the question will be why? Why do we have six dealerships or seven or eight? Why?

48:55 – 49:399

Why can't we have the eight if for some reason it made sense? And so that's sort of the the takeaway I'm getting, that we created these numbers in the, plan unit development, and, we'll have that ability, power, and maybe responsibility in the future. So the question would still be why are we putting restrictions in a system that seeks equilibrium and and attempts to really meet the desires and or the demands of the public, especially as things change. In today's marketplace, things change pretty quick compared to, the way they did before. So, I I then thought, okay.

49:39 – 50:239

Well, perhaps for me, that was an insight. But the one that I was looking at that had present zoning and proposed zoning, I looked at those, and one was tasting rooms and instead of wine tasting and okay. That sort of made sense. I guess, beer would be different than wine, of course, and the maximum hotels. But the one that, kinda stood out to for me was arts and crafts. You can't have those. They're not permitted in the proposed zoning. And on the one hand, I could kinda see that because we're we have stuff downtown who we're trying to promote. But what if somebody came along and said, I really got this dynamite idea. I got silver to do all these collection.

50:23 – 50:489

I wanna put it across from the sports arena, but you tell me I can't do it. Well, why why are we doing that? It would be competition for maybe the downtown, but on the other hand, it may not. May maybe altogether different type of clientele that you're bringing in. So why would we add restrictions unless it made perfect sense that it yeah.

50:48 – 51:219

This was an inappropriate use for land in that area, which I I think it is. And then it says to delete financial services and professional office limited to 2nd Floor. It looks like we're eliminating those altogether. Okay. And I'm thinking, well, kinda why? What we want them to go someplace else. And what if they said, but we don't wanna go someplace We wanna be right across from the sports arena because we got this dynamite idea. And we're saying, no. You can't. And we're saying, no.

51:21 – 51:519

You can't do it for school, businesses, trade, or tutoring. And I suppose I kinda like to know what is the benefit of restricting those kinds of uses in these areas if there's really a solid reason. Okay. But if it's just I don't know. If if it isn't substantiated, I I don't think we should really have any restrictions and, let it occur, unless it's really gonna damage safe, healthy safe or a healthy issue health issue.

51:52 – 52:269

So those are the ones that I I saw because they were lifted, and easy to kinda spot. So on the the, general comment that I had was just that that why does the government always like to just kinda nitpick and and have all these rules and regulations when you're a a client, a customer, as I am? Because I I wanna get a a permit to add a little bit to the house. And, then they for identifying, but the rules say this, this, this, and this. And it's like, why?

52:26 – 53:009

Who came up with the rules? And the facts are, on planning items, we do. And we create these rules that really have real impact, for, development. And so, one was just a general one for us to keep in mind if we're gonna throw in any rules, restrictions, why, what is the benefit, and the other one are these very specific ones. About the art one, I I, yeah, very much support what's going on downtown, then I'm almost disappointed that it isn't even more attractive.

53:01 – 53:209

But, does it really make sense to, deny somebody the possibility, the opportunity to, create something like this elsewhere if, from their business model, it really makes sense? And so those are my comments.

53:212

Right?

53:22 – 53:525

Right. I'd just like to say excellent presentation. Also, Matt, you know, the workshop that the team had before really prepared us very well for this, so I really appreciate it. But I'm very much, complimentary of the agility of Morgan Hill in terms of the current economic climate because I see, you know, business and jobs being part of this package. So I definitely endorse what I'm seeing tonight, so thank you.

53:540

Anything else, Paul?

53:569

Nope. I'll be to you, chair.

54:000

Commissioner Miller Mueller?

54:07 – 55:024

I I like where we're going. And and the surprise one there, I still would like some sort of clarification to make sure that we get something on the high end with the right kind of food there. Because without having that, even as a conditional use, I think, we could use some leverage, but I would I would like to set an expectation that we're gonna get something that's supportive of all the business or all the outdoor sports complex. If something was to go in there that isn't really that supportive of it, we've lost a chance to really pick up some dollars in terms of what the people that are there for the events could spend that they may not be spending. And they're sort of crying out for that, and this is one part of the solution.

55:05 – 55:404

I have some concerns about a grocery store, but I don't really think a grocery store will go in there unless it's a real specialty of some core. And it would probably be high enough in to help with especially with the deli in it, which a lot of them have. But other than that, I like all amendments. And, Wayne, I know the history on some of these as I've been around, but I won't take the night. It's time to to go through twenty five years' worth of history on why we have these PDs. Thank

55:4012

you, commissioner.

55:436

I'll make

55:454

a motion. We're ready for that.

55:47 – 56:000

Just one second. I do have one comment to Wayne. So are you going to propose moving some of the items that were omitted to conditional?

56:02 – 56:309

You know, I haven't given it total thought, but as I'm looking at them, I'm sure that there's a history behind every single deletion or addition. Doesn't mean it's good history or great history or history that we should repeat. But on some of these, they just seem so arbitrary. And so arts and crafts guideline, yeah, move it to conditional. That somebody could still pursue that, but it has to go before the planning commission where all of the particulars, would come out.

56:32 – 57:059

The other one yeah. Schools, businesses, trade, or tutoring. At one time, I guess they were compatible as permissible. But if they are taken out of permissible, can't we put them into conditional so that if somebody comes through with a a dynamite, a plan, a tutorial on how to be a better soccer player, I don't know, making it up, or a a professional NFL coach or not coach. Official. Something that you really hadn't thought of. You just don't say no. You can't do it there.

57:0511

I'd like to interrupt. I just want to see if Matt Mahood would want to respond, and then also just to remind you that vice chair Habib's online in case he had any comments as well.

57:15 – 57:4412

Matt? Thank you, Adam. Chair Wilson, I I appreciate. I wanna I wanna address commissioner Tanada a couple of your Tonda. Tonda. Sorry. Mhmm. On the arts and crafts, we feel that, ultimately, if there was a retail component of that, it would fall under general retail. So I don't think it would be a prohibited use. We had a hard time understanding, well, what is arts and crafts to begin with.

57:44 – 58:2612

So we were just careful with that. The idea of removing schools and tutors and systems like that, we were looking at uses that really felt like we were we were trying to identify and remove uses that didn't support tourism and the outdoor sports and the aquatic center and try to move those uses somewhere else in the city. We're seeing, preschool development happening in the city of Morgan Hill. There's new proposals that will be coming forward to the planning commission probably in the next six months for, you know, preschools in the city of Morgan Hill in commercial lands. Yeah.

58:26 – 59:1112

Or sooner. So I think we're trying to be very specific and really think about, quote, unquote, a retail concentration strategy that we're trying to be not not prevent, by no means prevent development, but just be careful of what we're trying to curate. And I am there right along with you about let's get out of the way, let the market, you know, do what it's gonna do, and that will dictate, you know, who's gonna develop and who's not gonna develop. But I think we're trying to curate uses that will really support tourism and sports and recreation in that area. And Well and vehicle sales and hotel development.

59:1312

Yeah. So that's what we're trying to do.

59:14 – 59:556

So but commissioner's point earlier, which I agree with you is, why would you restrict it? So what? Let them not dictate it. We're in a bit of a pickle in the city. We got deficits. It's commercial space by the freeway. If someone comes in and says, I'd like to open a school, a sports school. I don't know how it would be. Like, go ahead. And what's funny is we're fine to permit the use of the teaching room. You can open a beer taproom. No problem. Go ahead. But I can't open a school, like a training school? Or I think you should open it up and say, let the market dictate. There's nothing wrong with the school being over there. So what? If I'm gonna put a beer room over there, I'd I'd put a school over there.

59:56 – 1:00:292

I think just to because I suggestion was making it at CUP. And the only thing I would add is that I'll let mister Mayer talk about the economic development reasons. But understand that if the idea was we wanna allow a the sports school, we don't wanna allow the preschool. We would have to come up with new definitions because the CUP is not gonna solve your problem. Because the CUP, all you're looking at is, are there going to be impacts from this use that need to be mitigated and or condition?

1:00:29 – 1:00:492

And you're not gonna be able to say, well, because you have toddlers going to preschool, we don't want that use. It would have to be, some new land use definition that we come up with if you wanted if you if you wanted to restrict that use to something that was appropriate adjacent to the sports center. Mhmm.

1:00:50 – 1:01:149

Well, a preschool okay. You're right. It's a preschool. That means you're going to your year round versus let's let's say, say there's there's a a major major sporting event that we attract, and, they wanna find a place for the kids for several weeks, the athletes. You know? And maybe somebody sees that opportunity. But I I could I would be more than if rather than it be permitted, it become conditional

1:01:146

That's fine.

1:01:15 – 1:01:339

That you can take a look at. Well, tell me again why this tutorial place or educational place makes sense at this location. And we have a chance to take a a shot at it without just saying, no. You can't do it. And in fact, we may conclude that, no.

1:01:33 – 1:02:029

It's inappropriate because we got plenty of land elsewhere. And so I I would say if it if there's a rational reason, like you explained, for parts because it could qualify under something else that, you could, we could the applicant could still come in and pursue it, make his case, and, you know, we could learn the, learn experience and perspective with planning commission on allowing it.

1:02:02 – 1:02:312

So, commissioner Tender, what you're describing is an amendment to the PUD ordinance, not a CUP. Because the CUP really defend you you it really limits your ability to say no. And you can't say no because you don't think it's an innovative use or you don't think it's an appropriate use. You you say no because you think it's gonna have an impact on the on the neighboring businesses, or you think it's gonna have an impact on traffic that you that can't be mitigated. Those would be your basis for saying no.

1:02:31 – 1:02:522

So if you if you want to leave something open for an innovative idea or something creative or something you know, somebody has a new better way of doing it, the way to do that is to say, okay. They've got a good idea. We're gonna amend the PUD because we think the benefit of allowing this is significant enough to change the zoning for it.

1:02:52 – 1:03:069

Well, wouldn't it be better, easier, more customer friendly rather than tell somebody you gotta amend a PUD, which sounds pretty tough, that, you have to go through the conditional use process? We have to make your case in front

1:03:06 – 1:03:412

of But you have to be well, you don't to make the case means you're making the case you're not gonna have an impact on adjacent businesses. You're not gonna Yeah. It doesn't mean that you've created the best thing since sliced bread. It's really it's really somebody comes in with a bad news, but it's not gonna or or something that's not compatible, but it's not gonna have an impact on the adjacent businesses. It's not gonna have an impact on traffic or circulation, and it's not gonna have any sort of tangible detrimental effect, you've gotta say yes, whether it's it's within the vision or not.

1:03:429

I thought we if if we get

1:03:45 – 1:04:022

The discretion is is it's relatively broad, but it's not that broad. But you can't we can't pick we don't pick winners and losers. We pick what like, in a the idea of a PUD is you're creating an environment that you think is gonna best benefit the city.

1:04:03 – 1:04:279

Well, then there's a whole list of conditional uses that would be coming before the commission. And you're saying, well, actually, you don't have a whole lot of say in it. You you're you're just a bunch of soldiers who implement the regulations and the criteria, motor use, vehicle sales and service, if it meets those specific criteria or restaurants Well,

1:04:272

those are criteria. Those I mean, the the but there's certain matters. Conditional uses would be like an outdoor recreation.

1:04:344

Greater than 30

1:04:35 – 1:05:182

Greater than 30,000 square feet. That would be a conditional use. Uh-huh. You would go through the process to make sure that it that it fits, that it's not gonna have adverse impacts on the neighbors, that it's not gonna have adverse environmental or traffic impacts. And if it if it and then if there are conditions that need to be put on that, they they prevent it from becoming detrimental. So operating hours, things like that. But but for the most part, you're not gonna say if we're saying it's a conditional use, that means it's not gonna be a flat out no. Mhmm. Same with, you know, same with the the service uses. You know, it's not a flat out no, but we want conditions on it.

1:05:18 – 1:05:432

We may want surface space to be off the the frontage quickly but but you're you don't say flat out no. And the same with the other uses. They're they're not these are uses that that we want to allow as long as they can be done in a way that's not gonna impact the neighboring businesses and have a an adverse have an adverse impact on Well,

1:05:439

you know, I I if I get last,

1:05:459

it Well, I have

1:05:450

a question before you ask. Do you have an issue with all of the resolutions or just this Oh,

1:05:519

just this one.

1:05:529

Yes. Yeah.

1:05:532

This is the thing that

1:05:54 – 1:06:309

one with the most stuff. The others are basically you wanna go from a restriction of five of four auto dealerships to an unlimited and from one to, I think, unlimited or at least two. So that was real straightforward. This one right here had a a number of changes, under the present zoning, the proposed zoning, and specifically permitted use and conditional use. And I I saw in some of them, like schools, businesses, trade, or tutoring, it's not permitted, but they moved it over to conditional.

1:06:30 – 1:07:159

I thought, okay. That that makes sense that you have to get another, closer look that we get to look at, and the same thing for markets and other things. And then one that we were talking about well, one was arts and crafts, but that's covered now arts and crafts roll over to General. General. And so that was left with one one that I wine tastings covered. Financial services. Maybe that was it. Financial services, professional offices, limited 2nd Floor and above. No. It had to do with educational, wasn't it? Wasn't that the provision that we were talking about?

1:07:152

Schools, businesses, trade, or tutoring.

1:07:17 – 1:07:319

Schools. Yeah. And I I I failed to see that under prevented uses, deletion, arts and galleries. Oh, maybe it's a new point. That that that's not one that's actually even being changed.

1:07:369

Athletic training facilities. Okay. That's under conditional.

1:07:410

Right. That would also probably that the sport

1:07:44 – 1:08:129

You know, man, that that you you gave an example, but I I don't think that was a totally complete or accurate example because it doesn't even show up here. So we're sort of, debating something that isn't even System part. Oh, selected business trade or tutoring. Or tutoring. Okay. And it does show up. Okay. Hey. Thanks. It it does show up under, conditional.

1:08:159

Hold it. No. It doesn't. Yes. Close. I thought it did.

1:08:242

It it commission came. That that was just supposed to be.

1:08:29 – 1:09:059

Committed uses. Yeah. Under well, I guess that would be my my issue that, we're you can't have a school business trade or tutoring, and I was really looking at a school, a sports related school of some sort. And if they wanted to come forward, currently, they cannot because it's not even under conditional. Just to add it under conditional so that we could take a look at it. And then Don, point is, well, you don't really get to look at a whole lot. You get to look at traffic and couple other things, which I'm kinda disappointed in. I thought we could look at the merits. It seems to me like we look at merits of things. We don't?

1:09:054

You have specific findings you have to make in a conditional use permit.

1:09:10 – 1:09:224

Right? And your discussion is really limited to those findings. Right? You can either make them or you can't make them Oh. In in that specific site, in that specific business.

1:09:22 – 1:10:014

Right? So what they propose may work on a site over here, but in this site, it doesn't work for one of these reasons. And that's why you make it conditional so the planning commission can take a very focused look at that site and that particular business and how they're implementing it. And there is something in here, and I don't wanna necessarily open a can of worms. But there is some flexibility granted to the planning commission that the planning commission can make can see a relationship that is significant enough to help that we can expand it on our discussion.

1:10:01 – 1:10:424

Right? So that if there is something that comes up that really looks like it might work and might be a benefit of to expanding the use of the outdoor sports column or making added use to when you have a whole bunch of athletes there, right, we could make a finding for that. And it's it's put in there in a couple of different places. But in general, a conditional use permit, you've gotta decide on this site with this business. There's something that you can't restrict or minimize the impact of by doing some change to it to have it work in that site. Whereas if you take it over to site leave, it may work fine with a couple of restrictions.

1:10:440

is a good point. So if you were gonna use the outdoor sports center and you're gonna do, like, a soccer camp, you wouldn't need a permit for that, would you?

1:10:542

We you would need a you'd need to get a permit from the sports center.

1:10:580

Yeah. From that. But you

1:10:592

wouldn't But there's no yeah. That

1:11:010

So you'd still be able to do it.

1:11:032

Correct.

1:11:04 – 1:11:174

Or or you could do it in in in relationship to a, major tournament that draws athletes from all over the Western United directly with the sports.

1:11:17 – 1:11:454

Well, not necessarily. They could actually maybe do it under temporary use. Because under a temporary use, that is very specific to that particular event, if you had a meeting room where it was there or something else, you wanna do outdoor, you could probably do it because the planning commission has the ability to say there is a very significant relationship between this particular temporary use, right, or a little more expand to what goes on there.

1:11:45 – 1:12:136

Alright. Can we come to like, I I'm with Wayne. I think we're repeating ourselves here. He just said earlier, we put these restrictions on ourselves years ago. We don't even know why. Here we are again unnecessarily putting restrictions in a space that I'm saying, why not have a school tour touring over there? Why not? What's wrong with having it over there? Even if it was conditional use or it was not conditional use. And what really irks me is by default, booze is okay, but nothing else is. Right? It's like,

1:12:134

who the school so what

1:12:146

if there's a school over there?

1:12:150

So if on that resolution, did you wanna add those items back in?

1:12:21 – 1:12:376

I think we should add them back in like we proposed them. So I'm okay as well by the way if the condition needs to say we wanna take a look. Sounds like we don't have as much discretion as we thought we had, but we follow the rules. Right? If it says here's the criteria by which you say yes or no, I think at least give them a shot. Right? And say, why not? Put them back in. Yeah.

1:12:37 – 1:13:219

Well, here here's my thought. Mhmm. My thought is I I now just zeroed in on school businesses trade or tutoring. And, a very good point is that would be a good use, in my mind, use of land, if it relates to the promotion of the athletic facilities that we have across the street. Can you say that? Can you say, what is permitted? School, business, trade, or tutoring that relate to the, sports, facilities across the street or you know, to say exactly what we're looking for, you know, versus somebody comes along with tutoring for construction. Construct how to how to be a heavy equipment operator.

1:13:22 – 1:13:366

Wait. What about if it was a school? Sorry. What about if it was a school a trade school Yeah. That educated, you know, use in automotive repair? I Right? For the dealership. Right? Next door. You know what I'm saying? Why not?

1:13:36 – 1:13:510

Well, yeah, because it's near a bunch of dealerships. So it kinda makes sense. So I think instead of trying to craft the proper way, just put that item just back in as conditional and call it a day. Right?

1:13:51 – 1:14:182

I I just to, yeah, clarify, commissioner Tendon, we the the the ordinance already allows athletic training, which I think would include a a sports school as a as a conditional use. So there's select training facilities are allowed as a conditional use. If you're looking for a sports school, that wouldn't include the trade school for auto mechanics. So if that's something you wanted to put in, then you will need to add that.

1:14:18 – 1:14:416

But, Donna, now our our general fund revenue comes from auto sales, not from people playing soccer. Right? So let's focus on where the revenue can come from as well. Right? And why would I restrict if I've got six dealerships or seven or eight of them and someone says I wanna open the training school listed how to be an auto dealership manager? He's like, great. Go for it. I I don't get it.

1:14:412

I think you asked me the question, but that's a that's a rip near And I think you

1:14:460

just put that item back in.

1:14:486

We've said that, like, three times now.

1:14:500

So No. No. I I

1:14:516

so we're can we do should we make a do wanna make a formal proposal or amendment?

1:14:569

Oh, at the appropriate time, yes. But I don't know. Are we at the point? I cannot

1:15:01 – 1:15:403

got a I had a quick Okay. I had a quick question, sure, just in regards to the Sure. Go or the discussion that we're having right now. So just as you're you're talking about this, commissioner Tonda and and commissioner Downey, I think this was actually one of the the questions I was gonna ask staff to see because I believe some place in the presentation or or in the staff handout, it was mentioned some ancillary uses. So for example, like a car dealer again, I'm not saying this verbatim, but something around the fact that they can have the ancillary use where they can do vehicle repairs.

1:15:40 – 1:16:053

Right? And so along those same lines, so when it comes to, for example, trade school, schooling, office, so on, can that be added as ancillary uses to these primary uses and without a conditional use permit? So say, for example, okay, I may I'm Honda. Right? I have quite a bit of excess land and wanting to downsize.

1:16:05 – 1:16:533

I wanna go ahead and subdivide. Within my own lot, can I, you know, find a user that, you know, maybe does some automotive tutoring or automotive hands on training and add a additional ancillary use along with that, can the PUD allow that flexibility? And, essentially, what I'm kind of getting at is, you know, just like with our our primary homes, every single home can have a ADU built in. And that ADU is at, you know, that area that you have in addition to the primary use, in this case, housing. Can we have these permitted uses whether we end up putting it to a conditional or just permitted by right as ancillary uses to the primary use itself.

1:16:543

Does that make sense?

1:16:56 – 1:17:284

No. And the reason is is if you downsize as this dealer, you wanna put another auto dealer there because you generate a whole bunch of revenue. The trade school is not gonna generate the revenue. We want to use these PUDs to generate revenue. In the place of the conduit one, we wanna put uses to draw more spend from the thousand 100,000 visitors plus every year that they spend more money here, which means our sales tax will go up as long as and the businesses be more productive.

1:17:28 – 1:17:464

And the people who come here every year have been telling us in a pretty loud voice that we need certain services because they're locked there for hours. And to use money and use things for other things that they're not crying for doesn't make a lot of sense to me today.

1:17:47 – 1:18:263

And so, like, again, I I was just trying to see if that's something that that can happen. And, you know, for your point here, commissioner Mueller has been yeah. If, for example, we're wanting to focus on on tax or TOT or, you know, some other more higher tax based uses. You know? For example, if I'm a car dealer, you know, within my own law, I obviously cannot build another car car dealership given the restrictions, but can I maybe add a sit down restaurant as an ancillary use? Or, again, something else that goes in addition to what the p, the current, PUD allows for and making it more of a mixed use?

1:18:27 – 1:18:5311

So for the ancillary use, it would have to be something that's incidental to that primary use. So you can't have, two conflicting uses. So you can't have, like, an all our dealership and then have something like a sit down restaurant. Those two don't it's not relying on one another. It's something that has to be subordinate to that principle use.

1:18:54 – 1:19:053

So what's preventing it from happening? And if that's something that we wanted to open up, can it be opened up for mixed use based off of the uses we already have?

1:19:054

So Okay. Okay.

1:19:073

You know, if it's financial services or professional offices, that one Okay.

1:19:12 – 1:19:504

So So So I don't wanna can I not enter I'm trying not to interrupt, but I'm going back to the basic purpose, and I'm gonna focus on the two auto dealership sites? An average or a minimum dealership probably brings in 500,000, maybe upwards of a million dollars. You can't put a restaurant in there and get that kind of money out of it. So why would we try to dilute it? We wanna add dealerships. They're shrinking down. When it shrinks down to give us three acres, they're gonna put another brand in there. Right? And if it's the same dealership, made share stuff. It may not even take three acres.

1:19:514

And then he can add another one. And every one of those is gonna add hundreds of thousands of dollars in sales tax.

1:19:593

Yeah. But

1:19:594

There are very few uses that won't match that. So why are we trying

1:20:03 – 1:20:343

to do a space? Convenience. I'm a convenience store. Maybe I'm a 3,000 square foot convenience store. You know, I may not be the whole one and a half acres, but if I'm able to bring in additional uses into lots where you can't otherwise, for example, build a whole another dealership and have those additional uses are supportive to, for example, the sports complex that may not necessarily build in the entire lot or can necessarily take full advantage of the entire lot and hence being ancillary.

1:20:369

Nice. Nice. Into it.

1:20:370

Yeah. Paul,

1:20:39 – 1:21:095

I just like to make make one comment, which is, you know, the economic development team came to us. And what they've got from my viewpoint is a specific region that has currently all dealerships in the sports complex. And what they're trying to do is very deliberately add permission for us to create, like, a cohesive economic region that feeds into each of these things in

1:21:095

specific way.

1:21:11 – 1:21:365

If we try to and it's all about jobs. It's all about money. It's all about economics. A school can be somewhere else in Morgan Hill. A restaurant can be somewhere else in Morgan Hill. There's ample space for those things. This area is not the perfect area for those things. So I think we need to refocus on what's before us and kinda move forward. Agreed.

1:21:37 – 1:21:493

Okay. Quick question. So maybe if, say, staff can can answer that in regards to the ancillary use, Can we get a clarification in regards to whether that can be done?

1:21:49 – 1:22:282

So so the ancillary, like, as Adam said, the ancillary use is something that is essentially a a part of their underlying use. So an auto dealer would have an add on ancillary use of auto services because people buy the cars in the Right. Need to get them services. A restaurant or a school would be something completely different. That would be mixed use zoning. We don't have mixed use zoning in any of these zones. They're just single use zoning. We that would be a much longer conversation if we wanted to to create some sort of a mixed use overlay that would would allow multiple uses on on each site.

1:22:293

Okay. And that's not something we typically see when it comes to commercial mixed use.

1:22:332

There might be commercial mixed use, but not in one hour when we're talking about auto dealers or the types of uses that we're looking at here. Those don't typically lend themselves to mixed use projects.

1:22:453

Sure. I did have a few other comments in regards to each of the sites, but I didn't wanna take away from the discussion that commissioner Downey and commissioner Tom that we're having.

1:22:550

If you have some comments, let's go right ahead.

1:22:59 – 1:23:373

Alright. So so I guess I'll go ahead and just start overall again. I'm coming from the perspective of what staff has already indicated when it comes to, for example, the permitted uses being as we see right now for Condit, the PAD, where they mentioned sit down rents restaurants are permitted uses. They talk about, for example, commercial indoor permanent uses, motels, hotels, permanent uses, etcetera. And so I'm trying to come in with the perspective of seeing if I'm one of those users that want to see in, for example, the conduit road PUD.

1:23:38 – 1:24:113

And I may not take the entire, you know, one and a half acre, three acres if we can maybe build in some flexibility. And that's really all I was trying to figure out just based off the conversation commissioner Tonda and Donnie were having regarding schools or some of these other uses that we don't necessarily want to see as primary uses, but may very well be supportive uses. So I think that might be a conversation for another time. I do have a question. Maybe a comment just overall in regards to the Conde Auto Park PUD.

1:24:11 – 1:24:523

And this is actually something I was gonna talk about also for the Honda Laurel, and this was in regards to the screening about tour, like, display areas or, especially the the Laurel Honda given that it abuts the residential area. Is it is it the PUD that might be the best place to add maybe some better standards in regards to neighborhood transitions, like, whether it's, like, limiting PA systems or limiting lighting or shielding lighting, maybe limiting truck hours, and so on. Is the PUD the right place if I'm, for example, just focusing on the Laurel Honda?

1:24:520

I think that's already in the original resolution as far as lighting PA. That's already covered.

1:25:004

And solar test drives Right. Covered. Right. And

1:25:04 – 1:25:383

Yeah. They did a good job clarifying that before. Perfect. Okay. So I I may have missed that that component. Thank you. In regards to the Conde Road PUD, for hotels, does this include other types of hotels, like extended stay hotels or, like, resort type of hotels where you might have, I don't know, like, spas and some of these other, uses built into them, or is it just strictly, hotels? If you can maybe talk about the definition of what we're currently looking at.

1:25:380

I don't know if it's that specific. We can ask Matt. No.

1:25:4410

Any hotel. Bring them all.

1:25:460

Okay. Awesome. Thank you. Alright.

1:25:49 – 1:26:213

And so the the other one I had in regards to, the drive throughs. So, is a PD also some place where we can limit the the cap for drive thrus that are at the block faces? So the reason I'm asking this is, you know, worst case scenario, you're you're driving down, say, Condit, and, like, every other lot is a drive thru restaurant, and you might have, for example, primary uses. Oh, okay. Is that something that can be limited within the TUD, or is that necessary?

1:26:214

In your condition.

1:26:230

Yeah. I think they rejoice that. It's actually That would be a design, wouldn't it?

1:26:28 – 1:26:4611

Right. So this is it's restaurant for drive through is would be per is a conditional use. Currently, it's limited to just one drive through for the entire con Condit Road PD, and the proposal is to get rid of that limitation. So just to allow restaurants with drive through.

1:26:460

Right. But as far as screening and stuff, you'd handle that on

1:26:4911

If it's screening, like, with landscape screening and all of that, yes, that would be done site by site, as the project comes forward to the design review stage.

1:26:5812

And drive through would still be a conditional use

1:27:012

Right. And and circulation and impact on neighboring businesses. Does that answer your question? You consider as CP. Commissioner?

1:27:08 – 1:27:433

Yes. Okay. Great. Perfect. And so the other one I just wanted to have a question about was in regards to the pop up for, again, Condit. So it seems like there's some some parts of that that do talk about more expansive services. So I just wanna make sure this would include things like, you know, festivals and really, like, I don't know, like, tournaments and so on that are in that one bullet point where it talks about any other temporary uses. Am I understanding that right when it comes to the new proposed conditional uses?

1:27:43 – 1:27:554

No. The conditional uses that are expanded like that is for the conduct p d p u d. It doesn't impact what kind of events happen at the outdoor sports complex. That's a whole other topic.

1:27:563

No. For the the temporary uses.

1:27:584

But even if the temporary

1:27:593

uses are includes conditional use.

1:28:010

You're talking about, like, the live entertainment, stuff like that?

1:28:044

Yeah. There's a little bit of that in the

1:28:07 – 1:28:184

Conditional site on the condo PUD. But if it's over on the outdoor sports complex, that's there. They can have whatever they do to support it. Right?

1:28:19 – 1:28:374

And what we're trying to do is open up the ability to support the events that are held there. And there isn't, like, outdoor music or something like that on one of the things. That's why they're adding the timing that says, gee, it could go from one year to three years to having that kind of thing.

1:28:37 – 1:29:163

Mhmm. Okay. And it's so it seems like it's already all expansive. I just wanted to make sure this temporary uses really capture other components as needed, again, away from the recreation center. Alright. And just final comment, Cher, was let's see. Oh, no. I think I actually talk oh, actually, the last one was in regards to subdivision. So I know briefly during the conversation, we had talked more specifically about the Laurel Honda, site, the 9.27 acres. And there's that discussion around the subdivisions and them looking at maybe subdividing their their lot.

1:29:17 – 1:29:363

Can you talk a little bit more about if that's any of of the folks that we were looking at, whether it's Honda, Honda Road PUD, the auto park PUD, the Honda PUD that we're making it maybe easier for them to do subdivisions, or is it the same standard processes that they would have to go through?

1:29:382

Subdivide in Glatz is governed by state law, so it's not any harder or easier to comply with the state law.

1:29:46 – 1:29:570

I think what he's saying is isn't that three parcels? I think the Honda is three parcels. So I think they're talking about you're talking about selling off one of the parcels? No.

1:29:574

That was the RV park on the other side.

1:29:590

No. No. No. It's the Honda.

1:30:01 – 1:30:2412

The the Honda Laurel PD is made up of three separate parcels. Right. It's there's one parcel that's 4.64 acres that is pretty much where they're that's vacant, that they're parking vehicles. And then there's two other parcels that's 2.4 acres and 2.21 acres, and that's where they operate. That's the eastern side where they operate the dealership now.

1:30:240

The large parcel is the one next to Trader Joe's, I believe.

1:30:293

Got it. Correct. Okay.

1:30:300

Is that what you're talking about? Commissioner Habib?

1:30:32 – 1:30:443

So yeah. So it was in regards to, the Laurel Honda, which has its three parcels, but I thought maybe they were also looking to subdivide some of those parcels in addition to what was already there.

1:30:44 – 1:31:0212

They they they have not mentioned any intention to subdivide. They're been purely supportive of the PD update to eliminate the cap in of having one auto dealership and interested in trying to pursue another OEM to come onto the site. Okay.

1:31:02 – 1:31:173

Perfect. Great. Thank you, Cherry. Answer? Yes. It it answered the question. And I think just like along with other commissioners, I think, otherwise, you put together a well put together a proposal and great presentation, and I'll be supporting, any of the

1:31:182

Okay. Alright. Thank you. Any

1:31:210

other comments before we get to I think just a comment oh, you do? Go right ahead.

1:31:29 – 1:32:159

After hearing all the discussion, I am better informed, and I have no issue at all on two of the, three PUDs. The one that I have a residual, concern about is the one PUD, that's conduct, which is not geared toward autos. So Joe's comments are are well stated, but they don't really apply to this PUD. This this is the PUD that's focusing in on, tourism, along with, economic development, but it it's really a bit different than the other two. And on that, everything is gonna be allowed, as it was previously with one exception.

1:32:16 – 1:32:519

And that one exception are schools, businesses, trade, or tutoring. It's the only one that is completely out. And, when you consider everything else that's allowed, conference centers, banquet, meeting rooms, motels, hotels, drive throughs, sit down restaurants, retail, It's you know, one kind of wondered, well, why would that be left out? I don't know why it was, but it it seems to me if there's a school, a big school, martial arts, and I have a tenant, That's exactly what they did. They moved in a big martial arts.

1:32:51 – 1:33:269

And I thought that's a perfect use. This isn't in Morgan Hill, of course. And that would be an example. It's really sports related. Maybe it could spin off and do other things. I don't know. That it would be a, I think, categorized, and maybe it would be under general commercial also. But if it was, I don't know. It should kinda be noted that arts crafts schools are considered general commercial. If it isn't, I think that would be an example where we we would find that this would be a good place for something like that.

1:33:279

So my thought would be fine. Delete schools, businesses, trade, or tutoring and replace it with sports related schools and businesses.

1:33:37 – 1:33:532

Mission intended, does it does it would it help you? Does does athletic training facilities are already Yeah. Additional use Yeah. It as our as our sports recreation. It isn't. And your your your example of martial arts Mhmm. Fits into both of those categories.

1:33:535

Yeah. Also, like a gym. Okay.

1:33:559

So where is that in this list here?

1:33:58 – 1:34:212

So it's I'm I'm just I'm not looking here. I'm looking at the slide. I put the slide. It's it's I don't know what slide number it is. It's got number two, under road PUD, permitted uses and conditional uses. It strikes out schools, business, and stricter to the regulation. It adds, commercial regulation. And, actually, it's commercial recreation overuse. And then, athletic training facility with that solution.

1:34:21 – 1:34:509

Yeah. That's temporary uses. No. No. They're conditional uses. Conditional. Okay. If athletic training facility and ancillary accommodations, if you think that fits in, but this is actually it it could be qualified as a school. Max The National Arts is mainly a place where where the kids and the community come and learn self defense and other disciplines. It's not a training facility, really. It's a a martial arts.

1:34:50 – 1:35:212

The idea is to to exclude school, private private schools that people put at kindergarten through twelfth grade and schools, not not those type of recreational amenities that are appropriate. And so so that I that's the idea on this language is to allow those types of school those type of programs that are compatible with sports uses, but not have the preschools and k through 12 private schools. K.

1:35:2111

Right. Those schools with the based on our zoning ordinance, it's regarding the

1:35:2711

Elementary, junior, high school, those types of schools. It's not the recreation type of uses.

1:35:33 – 1:35:529

How about business related? That would you know, a sports business related. I I just try to capture those things that would seem like they fit in perfectly in that area. And if it takes, you know, us two and a half hours to get to the point where I think they're covered under athletic training facility, maybe it isn't clear enough. Well, I

1:35:52 – 1:36:082

I mentioned that. I said that a while ago, but I would also have said this mister Miller just pointed out, you have the ability if somebody comes in and says says, you know, this doesn't fit neatly in the box. You have the ability to say No. That is okay.

1:36:08 – 1:36:399

No. That's not true. We don't they don't get this far. They are told by staff. If they are told by staff, we interpret this, you don't qualify. There are very few people who are smart enough to be so determined that they're gonna come to a planning commission. And, you know, I I think what we have here has to be clear enough that if we want some discretion on the part of the planning commission that we get it. That's why the conditional use is I always thought what that was the way that you get here, and people know that.

1:36:39 – 1:37:032

Well, the conditional the way that we've gotten here with other similar issues is by using that clause. It's in our ordinance. It's in both in the PD ordinance and it's in our general ordinance, zoning ordinances, and says that the planning commission can determine that use is substantially similar to what's already permitted, and then it can be conditionally permitted. And And that's how we're gonna get to that CDP discussion.

1:37:04 – 1:37:439

Well, in fact, that's the next bullet down that you have. I'm looking at what's in the packet versus what's presented electronically, and and that is if there's any other use which the planning commission determines to be similar to permitted and conditional uses, qualifies. And I I didn't actually understood what that meant. I don't think we've ever used that, but, I guess I to make it real simple, it it's just if if there is a use and let's use, martial arts, big martial arts studio. It trains kids, parents, etcetera, etcetera.

1:37:43 – 1:38:079

And, it's agreed, boy, that's a perfect fit for these reasons that it's clear that, they get a shot, bite at the apple. Because right now, to me, when I look at, under permitted uses, they're completely gone. Under conditional uses, if they you think they qualify as an athletic training facility?

1:38:07 – 1:38:322

Well, I think if it's a school, I think Matt wants to say something about where he goes. I just say commercial indoor outdoor recreation, 30,000 square feet or less. That includes gym gyms, karate schools, indoor soccer fields, badminton, basketball, pickleball, whatever sports recreation related use or training facility you wanna put there.

1:38:329

And which one is that, John?

1:38:332

It's commercial indoor and outdoor recreation, which

1:38:370

I don't know. It's on this.

1:38:39 – 1:38:5112

Commissioner Vanda, the example you're giving has historically fallen into the category of commercial indoor recreations, And it's a use that we it's

1:38:5112

traditional use that we allow throughout the city, and that's

1:38:542

the category it would fall. In in this case, it's a permitted use.

1:38:579

Maybe we could just add that because, as a commissioner, I didn't understand that that's what it meant.

1:39:040

Let's do this. Okay. We all agree on item one and three. Let's move through those two first, and then we'll come back to number two.

1:39:124

Okay. So I make a motion to approve the Condon Auto Park PUD and the Laurel Road

1:39:195

PUD. Seconded.

1:39:230

Then you need to do a roll call. Roll call, please, Jenna. 4001 and 0005.

1:39:353

Just a point of discussion real quick. If I may, chair.

1:39:420

I'm sorry.

1:39:434

What? If he wants to discuss.

1:39:440

Yes. If he wants to discuss. What would you like to discuss?

1:39:49 – 1:40:263

So it was just briefly mentioned before that in the resolution. There's those components around neighborhood transition or compatibility. I don't see those in the resolution. Can someone please point me to the right locations? The the main concern being the the Laurel Honda site being right adjacent to the residential neighborhoods. And as we're expanding the the PUD, what area the compatibility goes into, I don't see it in the resolution unless I'm overlooking it.

1:40:270

Yeah. I wasn't aware of that because, I mean, the dealership's been there since '97. Those housing was, like, two years old.

1:40:364

No. No. No. The housing behind it is which predates the auto dealership. No.

1:40:410

No. I'm talking to the between the dealership and Trader Joe's. That's all. But that's new.

1:40:476

But that's That's

1:40:480

what I'm saying. No.

1:40:494

But the housing in back of that

1:40:500

directly north Yeah. But whether it's one dealership or three is not gonna

1:40:554

there's some No. And the lighting and the noise and all that is already covered by the ordinance.

1:41:002

Right. It's it then it's covered in our overall

1:41:0311

That's what guidelines for

1:41:042

auto dealers. So it's Oh, okay. It's not specific to this POD. It's specific to all auto dealers.

1:41:09 – 1:41:373

Okay. Thanks for the clarification. Because in the resolution, you know, we're asked to make the determination if the the site is physically suitable for, like, design, location, shape, and the characteristics. And I think that's we would, you know, add those given, you know, if there's a potential of an expansion of up to three dealerships versus the one. So so if I'm understanding this, correctly, this is not the right place to add that?

1:41:384

No. It's already in It's already in there,

1:41:400

and that'll be covered under the design permit.

1:41:43 – 1:42:2011

Right. It's already covered underneath the code or underneath the PD, and, through the the zoning code through Highway Commercial. So the uses are allowed, for auto dealerships. The PD is what limited to one large car dealership, and what we're proposing to what staff is proposing tonight is a recommendation that we remove that one and allow the multiple smaller dealerships, which we don't see as being an impact because the Victory Honda dealership is utilizing the entire site, and have vehicles throughout.

1:42:200

Exactly. And if they add a dealership, they may make no changes to the building except for signage. Okay. Because it's typically, they won't

1:42:29 – 1:42:483

Not necessarily. I think what what could happen is there could be those two additional dealerships that would be closer to those those the frontage of Laurel, which is closer to those residential areas. So, again, I I was just looking based off of, you know, the determinations that we're making in the resolution and seems

1:42:486

like that's

1:42:48 – 1:43:244

So the determination the determination that is about lighting and have it turned down and the magnified of it, the lack of use of, big blasting things about calling a call, the dealers don't do that anymore. Right. Okay? On top of that, we we control a lot of it. Talking about repair doors, under the design, they can make sure they don't focus towards the residential. Okay? That all gets covered in our normal design guidelines and coverage. You don't need to repeat it here. It's covered.

1:43:250

Well, plus the the entire lot has got lighting already. Yeah. It already exists because it's all paved and used.

1:43:353

Got it. Thanks for the clarification again. I I appreciate that, Chair. That's all I had.

1:43:416

Okay. We got a So we should

1:43:430

ask that. We have

1:43:446

a vote in a second.

1:43:454

No. We got a motion in a second.

1:43:471

Chair Jennifer. Chair Wilson?

1:43:511

Commissioners Habib?

1:43:524

Aye. One and three. Lake?

1:43:552

Aye. Mueller?

1:43:581

Tonda? Aye. And Downey?

1:44:031

Motion passes six zero zero one.

1:44:076

Looking good.

1:44:084

Now I'm gonna make a motion to approve the Honda BUD, the one South.

1:44:310

Try. Great effort, though, Jed.

1:44:36 – 1:45:189

Okay. I continue to be, informed and educated the way we we talk this through. And now, it's clear to me that one could argue, that the concern I had is addressed. And that would be a concern about a specialty sports related activity, that, you could consider recreation because I looked at the definition of recreation in Google. And and and a fitness not a fitness, but a martial arts studio can be, like, can be considered recreation, although I I saw a more of training or so.

1:45:18 – 1:45:549

But I guess you can call it that. But it isn't clear. Because when I saw the commercial indoor outdoor recreation, I thought pickleball too, and I thought of basketball, which are different than, you know, a group of 50 people learning how to defend themselves. And so if that's what the intent was, and I heard both of you say it is the intent. If asked, that's what we'll tell you. Mine would be, is there any way we could subtly just use examples? Because it isn't even, written in the narrative anywhere, what that really mean.

1:45:56 – 1:46:379

maybe athletic training facilities, you know, specialized facilities that and and put it in there. Examples that would incorporate, like, a martial arts studio because there are could be others. I don't I don't know what the other other things are. And that would address my concern because I see that if you look at this very finely and you understand all these terms, my concerns are addressed. I would also suggest that you include it in the report to the city council when you talk about really retail development that you mentioned.

1:46:38 – 1:47:039

You know, the thing about, as an example, the, arts, etcetera. You had pointed out, well, that's just retail, and that's how that's handled versus I thought you were really saying you can't do it because you took it out. You're saying, no. We just you don't need it because it's covered under retail. We'll just, you know, point that out that that would include. How about that? Does that make sense?

1:47:036

Are you accepting the motion as

1:47:05 – 1:47:279

Yeah. I in fact, I'm having a a bit of a dialogue because Joe's body language was saying, Wayne, don't put a whole lot of details in one of these motions, you know, starting to define what this means or that means. But I think for the public, it it needs to be documented somewhere what this means. Okay. Okay. So

1:47:28 – 1:47:454

Well Here's the problem. Every time you add examples, that becomes a limiting factor in future commissions. They think of that example, and that's only the far they go. So we got away from, over the years, a list of examples.

1:47:45 – 1:48:164

Because they tend to cause confusion over the general meaning of what we did are doing. And instead, we have this language that gives the planning commission a fair amount of discretion in similar uses, and we've used it over the years. And in fact, we've had definition tonight that it's just our definition of what commercial recreational uses are. Right? It's not a list of 15 examples.

1:48:16 – 1:48:414

It's a broad definition of all these fall under commercial retail. And as you go through things over the years, and believe me, I can look back at things we did thirty years ago and see, well, gee, that's sort of strange language. It made perfect sense at the time. Right? But it doesn't anymore. Okay? And so examples have a tendency to clutter rather than clarify.

1:48:41 – 1:49:089

And how do you solve that, Joe? Because let's say a year from now, staff is turned over, so none of them have the benefit of this discussion, and they see that when the martial arts studio comes in that, hold it. Didn't say anything about martial arts. You say you're an athletic training facility? I don't think so, say them, because it isn't intuitive that a studio like that is an athletic training facility.

1:49:094

Oh, yes.

1:49:10 – 1:49:329

A It's sports facility. That to me is a pickup pickleball, basketball, indoor tennis. Those are, you know, those types of facilities under 3,000 commercial indoor recreation. It isn't intuitive at all that the example that I I gave is is part of this.

1:49:320

You know?

1:49:332

Saying it

1:49:330

it is. I think I disagree with that. I think it's pretty obvious.

1:49:389

It's You do. And I would ask why didn't you cut this off an hour ago and say it is covered.

1:49:445

It is covered. But since Bruce Lee has always been

1:49:494

I'll cut you off now. Recreational Okay.

1:49:515

Facility. We just launched motion. We

1:49:530

just launched that game.

1:49:546

We just launched this into your voice mail.

1:49:56 – 1:50:419

Right. We have a lovely register. And then yeah. I'll vote against it, of course. But Okay. Would you do this stuff? Would and that's why I was talking to staff about, can you at least put in the report for the purposes of documenting tonight's discussion and effort? Because our minutes are pretty brief. They don't really cover any of these things. Included in general commercial is art, art studios and craft studios, and included in, recreation is, things like, martial art studios and things like that. And so at least it's somewhere in the record.

1:50:412

Is it something we

1:50:420

could do?

1:50:42 – 1:50:5612

Staff will make sure the report when it goes to city council reflects your Updated. Your opinion and comments, commissioner Tanda, and we'll we'll make those references and perhaps in the PowerPoint.

1:50:579

Thank you. Appreciate that. And That's why was talking to you.

1:51:00 – 1:51:152

Yeah. Well I understand. And the other thing we can do is I can work with the planning director to do a a zoning opinion that, lives on after we're gone, that, that that that martial arts studio is a source recreation use.

1:51:159

Yes. That would be not at all.

1:51:170

You're you're not. You're okay now. Are you?

1:51:219

Yeah. I, appreciate that very much. You need

1:51:250

us to repeat the motion and second, Jenna?

1:51:291

Yes, please. I

1:51:314

the motion is to approve, the Condit PUD as submitted.

1:51:360

Okay. Seconded. Alright. Roll call.

1:51:431

Let's see here. Chair Wilson?

1:51:491

Commissioner Sabine?

1:51:514

Aye. Lake?

1:51:561

Tonda? No. Downey? Aye. Motion passes 5101.

1:52:060

Thank you. Well done. Recruitmentized report.

1:52:11 – 1:52:3712

Chair chair Wilson may make a comment. Yeah. Of course. Thank you. I just I wanted to recognize the staff that worked on this project, with in the planning department with his heart and soul into this project for, I don't know, like a year, doing research and understanding the PDs and did, most of the back end work on the documentation.

1:52:38 – 1:52:5812

Britney Sherman obviously, put a lot of time and effort into this work. Adam was a great adviser to the team, Jennifer Carmen and Edith Ramirez. So it's really a team effort between economic development and planning. I don't want that to go unrecognized. And thank you for your support tonight. We really appreciate it.

1:52:580

Great. It was a great presentation and plan.

1:53:026

Thank you, Good job.

1:53:040

Mhmm. Director's report?

1:53:0711

So the only report I have is that we are gonna have a meeting on October 14.

1:53:12 – 1:53:2311

We have two items that night. One of them is gonna be about the healthy neighborhoods for all element, so we'll be bringing that forward to your commission as a workshop item. Beautiful.

1:53:236

Sure. I'll be here, but I'm sure you'll you'll have enough of a quorum. But unless there's anybody else who's not planning to be here, but I I have the contract.

1:53:324

There's a second item?

1:53:3511

Yes. There is a second item on that night. It will be

1:53:429

we'll bring it forward on that night.

1:53:442

I don't recall what

1:53:459

it is right on top of that. After

1:53:484

all this discussion, that's good. Alright.

1:53:516

I have a quick question. Adam, what are we supposed to do with this?

1:53:569

Oh, yeah.

1:53:5611

So it's just informational. Just informational. Yep.

1:54:006

Okay. You guys are gonna look at it? Do you screen submit it?

1:54:0311

Yes. We will take a look at it, and we'll consider it as part of our inclusionary thousand organs. Mister Garcia

1:54:092

gave me a copy.

1:54:106

Are you good? I am very good.

1:54:13 – 1:54:319

So, John, if I could, it's after after. Adam, on on this, in order for this actually to occur, it would ultimately have to be brought back to the city council. I mean, you you just can't take a rocket into it and just Yeah.

1:54:322

Yeah. No. I yes.

1:54:335

This is a brief for

1:54:3412

us to do that.

1:54:360

right. It's just the information. Yeah.

1:54:372

It was made with the decision consultant for that for you. That's it. Good.

1:54:439

Okay. Sounds good. So back up the journey now.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.