Planning Commission - Regular Meeting

To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with [clears throat] liberty and justice for all. Thank you. Our first order of business will be roll call. Let the record show that um Commissioner Dylan is absent with all the rest in attendance. Next item will be the minutes for approval of minutes of the regular planning commission meeting of September 23rd, 2023. Can I get a motion for the approval of those minutes? Motion to approve.

Okay. I got a motion by Commissioner Fitz and seconded by Commissioner Becker. All those in favor? I. Let the record show four people said I with one absentee. Moving on to written communication. Item C. Was there any written communication for this evening? There are no written communications. Sorry, I I'm used to looking over there. Okay. Sorry. There there are no written communications.

All right. Thank you. No written communications. Then item D, going over to oral communication. Members of the public are invited to address the planning commission on any item not listed on the agenda. Public comments are generally limited to five minutes per speaker. Please note that the state law prohibits the commission from acting on non-aggenda items. Are there anybody willing? No. Okay. So, I'm going to close the oral communications and move on to e public hearings. E1 hearing to consider U20224-00003 and DR2024-00007, a resolution approving a conditional use permit and design review to allow for a new community assembly use with building and on-site improvements at 6840 Rich Avenue, APN092-0052-001-4. Subject site is zoned CMU- O2 OT sorry OT-OT and commercial mixeduse with the Oldtown Overlay and has a general plan designation of commercial mixed use presented by Brandon Ducas.

Good evening uh chairperson and commissioners. Brandon Ducas with the presentation this evening. So, just as a quick overview for tonight's agenda on this item, uh it is a conditional use permit and design review request for a new community assembly facility. Um kind of repurposing the old moose lodge and turning it into that kind of similar use, but in this case is a Hindu temple. Um and I'll kind of go over those items also the SQA exemption as well as staff's recommendation. So, the applicant is Joe Houseac of NOAA Architects Group. The project location is 6840 Rich Avenue. Um, it is owned by Rich Avenue Properties LLC. Um, the previous use, as stated, was the Moose Lodge. The site has been vacant for uh when I was talking with the applicant for the last 2 to 3 years, but I believe it's a little longer than that that that has kind of sat vacant. So the site as stated is zone CMU OT which is comm uh commercial mixed juice with the overtown or Oldtown overlay. The subject site is bounded by Magnolia Street, Thortton and Olive Street and kind of Grand Avenue. Um it's interesting the property is addressed off of Rich Avenue, but if you look Rich Avenue actually deadends into the property. Rich Avenue used to continue through. So if you look, you can see the old rideway there, but that was since abandoned, but that's why the address is on Rich instead of Magnolia. And the applicant is as part of their building permits will be addressing the addressing and readressing it onto Magnolia for fire life safety just for response times. And the site is generally surrounded by commercial kind of along Thornton, but also residential directly next door and

kind of the neighborhood directly adjacent to that. So the uh Newark municipal code uh 1718020 allows for a community assembly use with the approval of a conditional use permit. I will attempt how to say the community center's name. I will butcher it. I do apologize. the uh Shangri Shanggha uh community center which is a Hindu temple. They will offer prayer rooms, prayer services, and there is a kitchen. So, they will do some meal preparations. They're proposing to operate Monday through Friday from 9:00 a.m. to 11:00 a.m. and then 6:00 p.m. to 8:30 a.m. and then Saturday and Sundays from 9:00 a.m. to 9:00 p.m. I staff did want to note that this use permit does not grant any outdoor events. um if they would like outdoor events, they would have to follow our municipal code guidelines on that, including possibly issuing an MUP um for any type of events that occur outdoor. So, the project will occupy the existing 5,730 ft building. There are minor site improvements which includes upgrading the trash enclosure. Um repaving/repairing uh the parking lot and within repaving it it is kind of uh the applicant is proposing to slurry seal. However, there may be some areas that need more intense um kind of repair work. And then they're re uh striping the parking lot to redesate the parking stalls. and they're readjusting where the accessible handicap stalls were. They are also going to be replacing um existing dead and dying landscaping and updating the exterior light fixtures and ensuring they comply with the current municipal code requirements.

They are also adding some bicycle parking near the front. And there are two conditions uh also kind of uh apply to site improvements that they will need to do. From engineering, they are required to repair the damaged curb, gutter, and sidewalk along the driveway that shares with Magnolia Street there. There's some uplifting from the trees and things like that. So, repairing that as well as um repaving the parking lot, which again includes the slurry seal um just because it has been vacant for the past few years, it has started to really degrade. Maybe next. Okay, there we go. So, they also include some minor exterior elevation improvements. Most of these are just uh color and material updates just to try to make it consistent. There's some patching that was done over the years that looks like a different color. Um, they are adding a new double door into the prayer room area. And then for the overall site plan, they are not really changing any of the internal. They're just going to be updating it to meet current fireife safety requirements. Um, so again, they're utilizing the existing layout. They're updating electrical, plumbing, and mechanical. And then within this, the two main rooms will be the prayer room and kind of the dining room. And then you have kind of the ancillary office uses on the side and then another meeting room towards the front of the building. Under SQA, this project is categorically exempt under two of the categorical exemptions. The first one being 15301, which is existing facilities. Uh they're proposing minor improvements to the site. um and there is no expansion of the use because it is still similar to

the previous use. Additionally, the common sense exemption being 15061 that it can be seen for certain that this improvement will not have any effect on the environment. So staff requests that the planning commission consider um adopting the draft resolution approving the conditional use permit and based on the findings provided in the draft resolution and staff is available for any questions. Any questions? Is the applicant in the audience?

We do have the applicant here available to answer any questions. I just I just had one question as far as if there would be any music or dancing or noise uh in the evening that might affect [clears throat] the residential u people in back. So as part of their normal prayer service there may be but they would have to comply with the Newark noise ordinance [clears throat] um for any internal noise or any music internally. Externally uh again that kind of goes to their outdoor events. that they wanted to have an event and have music playing outdoors. That would be subject to possibly the MUP process. And they're going to be open till 900 p.m. Is that the That's the plan. That's the plan. Correct. Just want to make sure that doesn't affect the neighbors if there's something [clears throat] happening.

Absolutely. Open the public hearing for

just one quick question. Staff has no concern about uh parking in and around the site. So, yes and no. Um, there could be um parking demand um items, but the code does not require any additional parking given that it's in the old town overlay. The previous use was a community assembly use. So, I believe I believe it's technically deficient by like two or three stalls, but they get an exemption of those number of stalls because it's the same as the previous use. Um, but you know, they'll have to definitely work with their community members to ensure car polling and what they can and they're really trying to design this to pull from within the local community.

Okay. Thank you. I have a quick question. It's probably um of like without question, but because the building has not been used for so long, of course, everything will be up to date as far as fire codes if you know all that and electrical and just make sure that all that is Yes, that's what they're proposing as their interior improvements for the um electrical, plumbing. I believe there was some damage done internally while the property has been vacant. So, they are updating that and that will need to comply with current codes. I have one other question. Commissioner,

there was proper notice to all the neighbors and everything. Did you get any feedback from any of the uh anything? Staff did not receive any written communication regarding this item. Okay. Right here. We Oh, okay.

Okay. If the commission is done with their comments, we'll open it up to public comment. So, I'll open it up. Um, please come to the podium, state your name and your address if you could, and you have five minutes. [clears throat] My name is Chris Shaw. My family's had a property adjacent to this property since uh 1960. I've been involved in this property since uh 1968. I remember when this building was built and uh it was actually a liquor store before the the moose. U never really worked as a commercial. Um, I do have some uh objections that I'd like you to consider. Um, but let me just state that uh my comments have nothing to do with racial intolerance. It's merely I want to u uphold the theory behind the old town overlay which I've been involved in since pretty much the beginning. This particular property where the building is was not included in the original um overlay plan. They acquired later on a small strip that goes to Thornton Avenue. The requirement at that time was your property had to be on Thornton Avenue. So, um

my uh issues are this uh not that having a a Hindu temple is a bad idea. I just believe it's in the wrong area. um this Oldtown concept, one of the um the things that were promoted with is that it would promote our the founders, the Portuguese, the Hispanics, the uh the people from Spain, the Native Americans. Um, and that it would uh encourage people to not drive but walk as pedestrians through widened sidewalks on Thornton and a little uh little knuckles that we were going to put at the corners. um so that the the various commercial uh businesses could work together in promoting this this area and um the problem I see is a couple uh one right there this is this building is at the beginning of this uh old town overlay It's going to be the one of the first things that you you see, although it's not all that visible from uh Thornton. It uh it will be something. And they were talking about putting a an archway over Thornton, right at that spot, right at that corner. Um to

to honor this area. Um, if you drive down this area, this street, you're going to see takaras, a multitude of them, the uh tortilla factory, you're going to see a Portuguese uh club, uh several restaurants, all serving, and also the hamburger joint there, which is an iconic hamburger joint that was actually the original nation's burgers and uh they all serve meat. They all serve beef. Hindus do not eat beef. They uh they um believe that a cow is a sacred uh creature. I do not see how this is going to make these other businesses on Thornton uh more successful through this this plan. The plan um just doesn't make sense to have it there. Other places in Newark perhaps, yes, but having it there is not a good mix. And I thought the idea of the the old town was to kind of conform make the make everyone conform to a joint goal. And uh I I don't see how that that's going to help. And I I guess I'm concerned that if you approve this, which is kind of out of the realm, when this area was founded, there were no

Hindus founded this area. It was Hispanics, Portuguese, Spanish, and Native Americans. Um then further down the street in this in this reorganization, what other kind of nonconforming uses would you folks approve? And it would lose the the identity that I think that we were trying to start at the beginning. And you know, if you I know you've been to Pleasanton. I know you've been delivered more in on Main Street on those uh old areas. Do you see any Hindu temples in either area? No, you don't. It just doesn't fit. And that's what zoning is all about in in my opinion. So, um, and I I think it's even a little, you know, Mission San Jose is not that far from New York, and we we honor those those people that came and founded our area. Um, I'll just conclude by saying um you're shooting yourself in the foot by by doing this and uh if if it doesn't fit then you can't submit it.

Thank you. Thank you. You're [clears throat] you're Chris. Thank you. Any other public comments?

Good evening, commissioners, chairperson. My name is Joe Hollasik. I represent Noah Group Architects. Uh for the record, we're at 3990 Oldtown Avenue Sweet C107 in San Diego. Um, I'll basically make myself available for questions, but there were a few comments that were discussed and I'd like to just chat about those for a second. First of all, when I first became aware of this project, um, and came to the site, it was as it is highly rundown. Um, it was actually kind of scary. It was all boarded up, but vagrants had torn the doors torn the plywood off the doors and it was pitch black and extremely questionable on the inside. We're trying to clean it up. Um, [snorts] it is a use that is permitted by the code. It is, I think, a good use because it is actually fairly difficult to find suitable locations for temples. I can tell you that on any given day at any given time there will be either no people or maybe a handful of people. They're very quiet private places. They are not in any way like uh traditional like Catholic church where there's a service on Sunday or two services on Sunday. You go on an individual basis. That said, most of the time there will probably be three or four or five or six people in this building. They're very very very sparsely uh utilized. There are auspicious occasions typically four or so per year where there may be enough people to utilize the parking lot. But be that as it may, the parking for temples is actually hard to find and to satisfy. Um we happen to find a formerly used Moose Lodge and I guess other uses before that including a liquor store. Um there may be a couple of times in any

given calendar year or a handful of times where the parking lot is mostly full but the vast majority of times it won't be. Temples are very quiet very very quiet. There is no chanting. There is no uh amplified music. You know anything that happens in the temples is basically interior. The food preparation for temples is essentially people bringing food much like they would at a at a more commonly used American church. Uh it's just it's just for after service or a after worship. Um the renovations that we have to do are fairly extensive just because of the state of the building. It's an old building and again it had been in disrepair just because homeless had moved in and continue to move in. When I was there measuring the building, the police showed up and wanted to know what I was doing here. So it's clearly on people's radar, right? But um you know, we will clean up the parking lot. We will paint the building. We will add sufficient lighting and security lighting. Uh we will be able to get rid of the chain link fence and have it be, you know, an asset to the community rather than a detriment to the community. So, I'll make myself available for questions. I'm sorry I spoke so long.

Okay. Thank you.

Yes, sir. Please approach the podium. State your name and address. Thank you. Good evening. Uh I'm sorry uh I I came a little late. So I represent the ownership uh team. Uh we're a bunch of friends and families. We wanted to move to New York. It's 10 years now. I know uh the development director for long time. It was Terrence Grindel uh who was the city manager also at the time. So from then uh till the last uh year or so this uh went into a zoning issue. It took a lot of time and it was very hard to protect the property uh because uh after the maj left it was the co and many other things uh it is a small uh you know set of family members wanted to build town homes and move in and make it as our home that was the intent to start with and so uh in course of time uh uh the zoning was the one which uh with because they not make a decision uh I think many projects are are stalled like that. So now it is opening up and we wanted to have this u facility be there only for the time till the city makes the decision on allotting the condos project for that. So it is maybe 2 years 3 years that's the ask here. So in that interesting time it has become very difficult for us to protect the building. I get calls all the time from the police. I get calls from the uh auto shop, burger shop next to the property, the neighborhood. It's very difficult. I really appreciate uh while we are working on the other project because a small uh it would be a big help for the families also. We would like to make the condos there which we have also worked the preliminary plan few years back but again you know the zoning changed. There was a relaxation on the parking lot uh

per apartment. So we would like to make I don't know what it would be like a 40 units 50 units uh the city would decide on that uh it'll be a mixed usage um because there is a small uh area which is facing to the uh side the other one is uh not facing we have the burger shop and other so my request would be to protect the property and interest of the people the neighborhood I really appreciate if the decision is made to open it as a facility for the gatherings And uh it it would also make the neighborhood safe. I myself once I was inside the building trapped police had to come to pull me out because somebody called and I was I was held kind of hostage. Not really hostage. I went in and there were group of people who it was my mistake. Uh I just went uh in and they didn't even know. I just opened I saw these people and they were a little bit aggressive on me. Then somebody from the neighborhood called and I was helped. So I keep getting continuous uh letters from the city of Newark. You have to take care of this. You have to take care of that. I'm tired. I'm tired. I request please help me out.

Sir, thank you. Thank you very much. I have a question. I I have a question. Are are you the property owner? The time bill. Yes. We are actually 10 individuals. We worked with the city back then before we purchased to build 10 uh 10 uh town homes and move into that place. Okay. So people Yeah. Clarification question. So the the conditional use permit tonight did I hear correctly this this is a temporary use until a future use for redevelopment?

Absolutely. That is our goal. Our goal is to bring back life into that uh project while the city is making the decision. It will be operated once it is. Then we will uh have a plan move on. I mean uh the gathering the place will be moved to some other facility or some other place. I don't know where it will be. It will be Mr. But who will be deciding at that point? It's a temporary usage. Okay.

About how many members are part or do you anticipate to be part of the um of the use here on a monthly basis, yearly basis? I mean this will be like a social gathering like uh Joe was mentioning that uh it'll be weekly uh you know gatherings that happen uh and it will be quiet kind of a thing and keep to themselves and uh so that is what Mr. But who is there seated? He can give more clarity but that is the uh thing I was told. Yeah. What's more curious just on the parking if you'd heard parking came up earlier. So just understanding about how many folks are there on a

we can always uh because uh I understand sometimes uh very occasionally in an year when there is something like a new year or some other very big moments you know which mark the Hindu calendar there could be some uh peaks. we can make arrangements at the time uh to probably uh you know arrange uh some other uh location for parking and do a bus or something but I wouldn't expect it to be on a daily basis. It's just like any other major events in a year in a year and uh if needed we can also say encourage the car pool and not even entertain many of them to come buy cars even that can be done. Okay.

Yeah. Thank you. Thank you. That would be for the applicant or for the property owner actually. Okay. And that is for the I have a question for you really quick. Have have you read and received and agreed to the conditions of approval? Uh I for the temporary conditions of Yes, we have. Yes. Okay. You have

I read it. Yeah. Apart from that, there's nothing more, right? There are a number of conditions of approval about bringing the building back to a serviceable standard. Okay. There a couple of things I want to comment on that. Okay.

We may not be using all of the building. If needed, we can lock it up practically uh you know shield it if we need one major place to use. That's it. Because the plan is to tear the building down and at that point of time obviously based on the city's approval what it could be, we will be moving forward with that plan. We do not want to invest too much of money. uh it is more of a community thing instead of yeah we can bulldo today that building but unfortunately trust me 10 years gone by in this uh core development we had the CalPoly team come here I've been part of all this

so please you know uh and I think uh Mr. Natley was a mayor. I've worked with him. Honestly, I tell you 10 years I'm older and still no decision. So I really would encourage to relax on some of the requirements that are there because sometimes I tell you there was I don't mind picking the name here. Okay, I'll avoid that. There was one officer he came he ran through the building and gave me a list of items. Even nobody in the world would uh accept that all the different code practices brought to the the standard. So some of these things we grandfathered we grandfathered but that was not accepted. Why this why that so I do not want to uh uh go back in time uh about the the holding cost the capital the money so much has gone into this project. We are in the terrible loss and while the city is working on this if the city feels okay this is some other way we all can come together help the community I appreciate that part I think this is more like uh a gesture at this point how can we help the community

it's I do not want to go by any logic to prove who is right who is wrong he is the person and it is for him we are finding a place okay thank you for the clarification on that helpful thank Anybody else want to speak? Anybody else public comment on this issue? Okay, we can close that and then take a vote or maybe bring it back for some

Oh, for further comments. Okay, final comments. So, just for clarification, and this is for staff, this building has had issues over the years, code violations. I'm going to make this assumption. Correct me if I'm wrong. So, there's been ongoing code violations. Yes, there have been.

Property owner gets notices. There's potential fines involved, so forth and so on. So, they've been working on what they ultimately want to do with this project. This is a kind of a stop gap one. would bring the building up to current code so that they code violations would cease with an ultimate goal at some point in the future that this site would be redeveloped for housing. Correct. So um we're only so yes that is the the comment that the owner made about what his future plans are but from SAS perspective we just evaluated the application in front of us.

Yes.

Um so we really can't comment on any future plans because we haven't seen them so we don't know the details of it. Right. Um and if we do then eventually that'll come to you but for this application um the property was in disrepair. um you know had a lot of maintenance issues. So all the conditions here are related to the application that's in front of you today um and is in order to bring them up to building code for the use that is applicable for the building code and for maintenance reasons. Um and so that's why they're being applied just like they would to any other property who was in a similar condition. I asked for that clarification because the housing aspect that we just heard now did not read that in the staff report. So thank thank you for the clarification.

Um and then just my other question is in con is this um proposal in conformance with the oldtown revitalization plan? The most recent one? Yes. So the most recent one was from 2021.

Yes. Um there is a variety of uses that are allowed within the overlay district. Um and this is an allowed use per ACUP. Um and that's what's being evaluated. Is there other uses allowed there also? Yes, of course there is. Ultimately, it's up to the property owners to decide what they want to do with the property, whether it's housing or retail or whatever it is. It's a temple. If the code allows it, then they apply and we review it in that manner. Okay. So yes, it is.

Thank you for the clarification. I asked that question, of course, because the gentleman was concerned that somehow the overall Oldtown revitalization plan, which has a lot of elements to it, that this particular use would not be in conformance with that plan. And what you're saying is the conditional use permit has a number of different uses that are permitted. And this is, in staff's opinion, allowed under the conditional use permit umbrella. Yes, it was something that was listed as part of that 2021 um specific plan along with other uses that are allowed um within the district. Thank you.

Um that is and all the uses there were based on um yes, it is a pedestrian um kind of focused um development that we're expecting there. So there's obviously these streetscape improvements. Some of it you'll hear later on as part of the CIP for the old town. Um and so there is this revitalization that is um part of that specific plan, but there's a lot of different variety of uses that can go there. Sure. Um and this just happens to be one of them. And there would be a whole list somebody could read if they wanted to. Yes. There's a zoning table and depending on the use and the permissions that allowed whether it's just permitted by right or permitted by um a cup, then that's kind of the the process we follow.

Great. Thank you. part. It's one bite of the apple. Yeah, one bite. Can So, did we you closed public? We closed the public hearing and brought it back to the commission. Yeah. So, we can't open it again. He had his Sorry. Yeah. Okay. So, given all the information we've gathered, does Commission have any other questions or comments? I just have another comment. participate following up with Mr. Becker is that this is basically interim use for the property and ultimately may be developed for residential at some point in time and this wouldn't be in conflict with that future use, right?

That would be up to the to the property owner. Um they're applying for this conditional use now. Um there's no time limitation on this conditional use. So maybe that happens, maybe it doesn't. Um that'll be up to the the property owner, but the CP will be valid until they decide it um to be abandoned. Okay. Like Andrew's that.

So my only comment is per the materials in front of us per what is being asked a permit for right now it's a empty building. There's lots of vagrancy there. There's lots of police calls there. And what they're proposing is a building that will be upgraded, be locked, be secure. So it will stop the vagrancy. It will stop those, you know, that type of activity. And it will be something people can use um for a positive purpose instead of whatever the vagrants are using it for. Okay. Comments as well. Okay. Go ahead.

Yeah. I mean, kind of building on on the comments you've heard so far. Um, thank you for the presentation by the way, uh, Brandon. Um, I what I'm hearing is yes, we've heard from the the property owner, the applicant of potential future plans. Um, Mr. Andion, as you've stated, we're not here to evaluate that today um, as we know. So, what we're looking at is a conditional use permit, whether it complies with our zoning or does not, which it does. Uh, so that's what we are evaluating today. On top of that, we've heard from the community that it has sat vacant um and has been a a source um of police phone calls, vagrants, etc. So, as I look at this and I look at the conditional use permit and the ability for it to enhance the area and promote safety uh for the surrounding area, um those are things that I I look to when looking at this because that's how we have to evaluate them. We have to evaluate whether something is compatible and compliant with zoning. And so as we evaluate these applications as planning commissioners, that is our job. And then we look at the greater benefit to the community. Uh does it improve the existing structure? It does. Does it make it safer? It does. Will we have a parking lot and sidewalks and enhance landscaping? It will. And so, you know, as we look at a community and the grant, the Oldtown specific plan, of course, we think restaurants and commercial and retail and livability and folks walking down up and down the the strip. That's fantastic. Uh, but this property has sat vacant for a number of years. And so, I I'm hopeful this will breathe some life into it, get some folks there, and get some safety into the neighborhood.

Any other comments, questions? No questions but uh the only thing I want to ask is the at uh remember when they're doing the construction on that uh the old town the streets are going to get narrow right side on the side there will be parking. Mhm. Yes. I'm glad that the building is used at least somebody's occupying so no more homeless. But what about the traffic? the traffic for the specific use that's being requested today because the streets are going to get narrow, right?

Oh, um so in terms of the um improvements of the streetscape on Thoron, um those are still under being designed. They're um you know almost to a point where they're at 90%, that's the goal. Um but at the moment um you know the concept was per the specific plan that yes the streets will be narrowed um and that there'll be some still some parking um on the streets there but yes it'll go to from a four lane to just a two lane. No but I'm glad that at least building is being used and there's plenty of parking there so it won't interfere with street parking.

Okay. Any other commissioner questions, comments before take those. Okay. All right. We'll put it to a vote. All those in favor approve the resolution. Thank you. If motion can be stated, please for vote. So, I'll make a motion to approve the resolution. Becker makes a motion and anyone second it. I'll second. Okay. Agular seconds it now. All those in favor? I I Okay, let the record show it was all I

And also the record show that Dylan, Commissioner Dylan did show up because before the city was up. Good point. Yeah. Make sure the record states that. Okay. Five eyes.

Five eyes. All voted. Okay. Okay. Okay. We'll go on to public uh E2 item hearing to consider U2025-00002. A resolution approving a conditional use permit to allow for new co-located stealth telecommunication facility located on the roof an existing office building at 3900 New Park Mall Road, APN 30, excuse me, 901-011-011-00. The subject site is zone RC res regional commercial and has a general plan designation of regional commercial and again it will be presented by Brandon Ducas.

Good evening chair commissioner sorry me again. Um so we do have a Verizon Wireless uh stealth facility uh this evening. So just a quick overview, it is a conditional use permit for a uh collocation for a uh stealth wireless facility. Uh we'll go over the squa. There is a desk item that was set on the dis. Uh there was some minor updates to exhibit C, the project narrative, just adding some clarifications from the applicant. Um and staff will kind of go into detail on that prior to our recommendation. So the applicant is uh Danielle Hanover who is here and available for questions uh later on. She is uh from Centerline Communications on behalf of Verizon Wireless. The project is located at 3900 New Park Mall Road. The property owner is Investmaster Corporation and again they're looking for the conditional use permit for the collocation wireless facility. So the subject site is located at New Park Mall. It is zoned again RC regional commercial and has the general plan of regional commercial. The site is bounded by New Park Mall Road, North Magazine, Cedar Boulevard, and Mauy Avenue. It is surrounded by commercial and office uses including the um the hotel that is directly adjacent towards uh Cedar Boulevard and the subject site is within the New Park Place specific plan. Under Newark Municipal Code 1718020 um and 1726250, stealth communication facilities are permitted within all districts subject to conditional use permit and they do list additional required findings for these type of facilities. Um there are a

total of eight findings listed in that section. However, only four apply to this in addition to our normal findings because this is a collocation um project. So, here is the quick site plan. So, the wireless facility is utilizing on the roof there is an existing equipment enclosure that's just mechanical equipment for the building. Uh, and then they will be adding uh two new little antenna areas kind of towards the edges of the building. Um, so that includes a 8-ft tall um FRP screen. That's just a screen that allows the radio signals through, but it screens it from visibility. Uh, there will be new three new equipment cabinets again within the existing uh rooftop equipment enclosure. And there will be a total of the staff report says 24, but with the revised changes from the applicant, a total of 20 antennas. Um, and there are no new ground mounted equipment. So, everything is on the roof. There'll be nothing going in the parking lot or anything like that. So, here's a closer view. So, the screens are kind of located on the western and eastern kind of corners of the building. Um again the cabinets are going to be within that existing mechanical equipment. So this facility is considered a collocation not because there's another wireless facility there but because it's going on an existing building. So in our code that does define it as a co-lo. So that's kind of um why it is designated as that. The project it will have minimal impact on the use. It is on the roof. it won't interfere with any of the equipment up there. There is also sufficient parking kind of onsite for the maintenance. You know, they're gonna have one maintenance guy come park and

take the elevator up. So, it nothing too crazy impacting the existing uses. So, these elevations, they all kind of look the same because it is kind of the same elevation on all sides. Um, but you can kind of see these new antennas kind of at the corners [clears throat] and then within the kind of gray area there, you see the equipment popping up. Those are where the new cabinets are. So, it is all within the existing kind of building height and kind of the envelope by the mechanical equipment that's already there. So, section 1726250 does have requirements for these type of facilities. The main ones are that the facility needs to abide by the required setbacks of the underlying zoning district, which it does being located on the building, and it shall not exceed the height of 15 ft either above the limit of the district or 15 ft above a legally established building. So, in this case, it complies with both. Um, it I like I said, I think it's actually under what the total height is with the existing equipment already up there. and the pro uh so the proposed project does comply with all those items. Here are just a couple of uh photo sims kind of showing it. You barely see them. They're kind of located right there on the corners. Um and those are using the FRP screen which are kind of designed to match the white that's already up there. So they kind of just blend in and are there. So this project would be categorically exempt under SQA 153013 uh for new construction or conversion of small facilities including the installation of small new equipment. Again this is a rooftop mounted facility. It's really minor doesn't affect the overall um project or environment.

So uh staff has prepared a desk item uh to document the changes to exhibit C. It revised the number of radio units from 8 to four and then just updated the lease area up on the roof um to get the correct dimensions. And I did also clarify that in the staff report we list the total number of antennas that includes the um antennas and the radio units cuz on the project plans it calls the radio units as antennas as well. So, um, so that's why that number has been revised down to 20 since there was the four that were removed as part of that exhibit update. So, staff, um, recommends the planning commission consider the following action. Um, adopt the draft resolution approving the use permit based on the findings provided in attachment one with the revised exhibit C. And staff is available for any questions at this time. Okay, we'll open it up to the commission. Is there any?

No questions. Comments? Yeah. Okay. At this time, I'll open it up to the public if there's any comments or questions on this particular item. Seeing that there's none, I'm going to close the public comments and bring it back to the commissioners if there's any comments or questions. Well, there is a resolution. So would the applicant um the applicant would have agreed to the conditions of that resolution and uh right yes the applicant has reviewed the conditions and have no objections. Okay. Just want to make sure I got that in the okay public hearing.

Thank you. And so there's no more comments from Okay. So, can we get a motion to approve this? I'll make a motion for approval. Okay. So, Commissioner Fitz has made a motion for approval. Can I get a second? I'll second it. Okay. Commissioner Becker has seconded the motion. We'll take it to a vote. All those in favor? I I that the record show that there are a total of six eyes. Five five eyes.

Five eyes. Sorry, sorry. Five eyes. Correction. All right. On to staff reports. Item F. Item F1. adopt a resolution finding that the proposed amendment 2024 2026 capital improvement plan is consistent with the city of Newark general plan presented by Mickey Subat. Good evening chair, vice chair and commissioners. My name is Mickey Subeta, the new city engineer for the great city of Newark. I started work about 2 and 1/2 months ago. Okay.

And we are in the engine department and in public works in particular, we're very excited about an upcoming new 5-year rolling capital improvement plan that we plan to roll out to the city uh early next year for adoption. But in the meantime, we're here tonight um to uh to recommend uh planning commission approve general plan conformance for an amendment to the capital improvement plan and bianual budget because there are some high priority projects that we want to get implemented in the CIP in the current CIP as well as reinstating some [clears throat] projects that were missed as part of the last CIP approval. So, I'm going to go over five uh items as part of my presentation tonight. Uh for those that may not have a large familiarity with CIPs, I'm going to talk about CAPS in general and the CIP process. I'm also going to talk about uh provide some background information on how we came to the current 2024 2026 CIP. The exciting part of the presentation is that third bullet. I'm going to talk about a summary of projects and proposed amendments. So, these include new projects and projects that we want to reinstate into the CIP. I'll give a sneak peek on this 5-year CIP process that I'll talk a lot about throughout the presentation and then uh recommendations from staff. So, with that, let's start with talking about the capital improvement plan process. So, what is a CIP? Um it is a like the first bullet says a long range planning and budgeting tool used to identify prioritize and fund major public infrastructure and facility projects. A CIP is a very common document. It's a very common tool used by many cities uh in the county and counties. This is this is the city of Newark banial budget and CIP. Here at Newark, we actually

combine the CIP and the budget as one massive 300page document. Um, the first 200 pages is the actual budget. The last 100 page or so is the actual CIP. It does help the m help the city maintain improve physical assets by identifying and prioritizing a whole list of uh capital projects that the city needs. Uh, it aligns investments with community goals. These goals are often uh identified and defined in the general plan um as well as master planning documents and we'll cover a couple of those master planning documents later in the presentation today and also ensures uh responsible financial planning and transparency by clearly uh identifying estimated construction costs um as well as potential funding sources to pay for these projects. And the CIP is here in Newark updated every two years along with the bianual budget. So what projects are typically covered in the CIP? I've got some pictures uh up on the screen here on the far left. Uh CIPs can cover uh refurbishment of existing buildings and facilities. That is a image of the Silman Family Aquatic Center. We've got several projects ongoing uh scheduled for that particular building or facility over the next uh couple years. The second image is a typical street. So CIPs do include street uh uh maintenance projects. So these are overlay, slurry seal, concrete replacement, sidewalk replacement, striping projects. Those are all typical CIP projects. Um CDs can include complete refurbishment or reconstruction of buildings. So the third image on the right, that's of uh fire station number 27 that the city owns. And we'll talk about fire station 27 later on the presentation. And the CP can also include um you know park playground replacements and again we'll talk about that as well as part of my presentation later tonight. Uh CIPs can also include

large equipment replacement um here in the city. It also includes um master planning studies as well even those aren't physical assets. They can include brand new vehicles. So all those types of expenditures are covered as a CIP. So how are projects selected? Uh the image on the right, the project selection process is actually an excerpt from the act this uh CIP document. Uh we get guidance from the general plan and strategic planning studies. Uh again the general plan does provide policies and goals and action plans that provide guidance on um establishing and prioritizing projects. Obviously, we got feedback from city council and staff. Last week, we I just did a presentation uh workshop style to city council. Um a lot of the presentation materials that I did last week are the same as the one I'm giving you guys tonight. We evaluate uh funding source uh funding and resources. Obviously, we need to make sure we've got money to pay for projects and adequate resources and staff to get those projects executed. Projects are prioritized based on legal, regulatory, and safety needs. Obviously those that have the highest safety, regulatory and legal needs take uh priority over uh projects that we may uh want but not necessarily need. Ultimately the CIP is uh presented and reviewed by city council. Um as part of state law we do come to planning commission as well like tonight to make sure the CIP and any amendments to the CIP are in conformance with the city's general plan. So how are projects typically funded? Uh funding can generally be categorized into two different pots. Some are restricted and some are unrestricted funds. Um here we list some of the typical funding sources. Uh gas tax funds are broad range of of of restricted funding that can be used for transportation uh maintenance projects. So these again these are your street slurry, your

asphalt, your grind and overlays, your sidewalk replacement um programs and projects. Capital funds are unrestricted fund. Those are typically um excess general fund revenue that gets carried over year after year. Uh community development maintenance fund is a type of uh impact fee. They are restricted can be used for planning um efforts, master plans, general plan updates, zoning efforts, impact fees. Development impact fees are restricted funds that are paid by the development committee every time they come and paid a building permit. uh they pay impact fees and we have several categories of impact fees. Park impact fees is the largest of the development impact fee from a dollar perspective and those can be used for park projects. And then of course we go after federal, state and local grants. Uh most of these are typically for transportation or street um related improvements but not always. [snorts] So that's CIP in general. Now I'm going to talk about how we came to the current 2024 2026 CIP. So back in January last year, um staff presented an overview over overview of the CIP uh to city council. Afterwards, there are three things that uh that happened uh by the June presentation that really impacted uh the current CIP. The first was that of the five council members, we ended up having two absences. The second thing was of the remaining three council members, some would have to recuse themselves because of real property conflicts of interest. So because we had you need to have three to have a quorum. So some projects we didn't have a full quorum to to to have council vote on. And finally, there was an understanding among council and staff that we the city were in the midst of preparing two master planning documents. the uh an update to the citywide parks master plan as well as the city's first

facilities um master plan. So the combination of those items by the time the CIP was presented to council in June of last year um council approved the CIP in the budget but only a partial list of projects were approved. So we have projects that um later tonight we'll talk about reinstating into the CIP because we didn't have a quorum. Later that year in 2024 and October, the facilities master plan was approved by city council. Uh November, the parks master plan update was approved by city council. And then last week we did I did a presentation uh with recommendations on um high priority projects from both the master plans as well as reinstating projects because we didn't have a quorum back in June of last year. Uh so these are the master plans or at least uh photos of the first page of the master plans. The citywide parks master plan on the left and the uh the facilities master plan on the right. Uh both of these documents are comprehensive strategic long-term planning documents that provide guidance to the city on the types of projects and the priority of projects that we should endeavor. Um both of these um master plans involved extensive community outreach and engagement, uh workshops, uh pop-up events, uh digital surveys, uh interviews with the public and staff. Uh both of these projects uh included doing a detailed assessment of assets, so things like parks and playfields and restrooms and buildings and office space, things like that. Um in addition to the physical asset, the both of these efforts also included a detailed um analysis of the programming. So it's not just a play field, but who plays on that field? When do when does the field get used uh both for current and future uh conditions? So these are for parks as

well as for facilities. And both of these efforts also ultimately uh ended up with a list of prioritized projects. So there are over a 100 projects identified in both of these uh documents. Uh the parks master plan in particular. So the goals of the parks master plan that to protect and support the existing network, accommodate demands enhancing uh community identity and foster connectivity. These are all taken directly from the general plan uh parks, recreation and open open space goals. The city has uh numerous parks. Um, you can see these are neighborhood parks in blue. We have larger community parks labeled in red. And then we have specialty parks labeled in green. One of the key highlights that came out of the master plan was a greater focus, a greater need on uh improving and maintaining existing parks and existing park facilities instead of going out and finding new land to build new parks. So you can see the parks master plan priorities are focused on existing parks. So these are uh like upgrading or replacing children play area areas um improving or um adding restroom facilities at existing parks, maintenance and playfields and existing trails and pathways. The facilities master plan goals is similar to the park's master plan goals uh to assess facility needs and conditions, determine growth and future needs, to engage the community, to develop recommendations, and to create an action plan. These also came uh directly from the city's uh general plan. The city has 24 or so different buildings that it assessed ranging from we have a wide range of of buildings from aquatic facilities, uh, police station, governance, library. Um, we

have a handful of fire stations that we own even though the Alama Fire District are the entity that operates or uses those facilities. The projects that came out of uh, facilities and master plan were split up into these types of categories that are listed on the on the bottom. prevent preventive maintenance projects that required renovation or capital improvements. Um uh projects or buildings that are are required to be new or replaced or projects that should be uh sold, repurposed or demolished. Before I get into the meaty section of the presentation, I I did want to highlight that uh there are literally hundreds of projects um either existing in our CIP or that came out of the the facilities master plans both park and facilities. Um we are intending to look at all those projects as part of this exciting upyear 5-year CIP process that we've already are starting to kick off behind the scenes. The purpose of the of tonight is to really focus on the highest priority projects that we think we can get substantial work done or completed in the what's left of this fiscal year. So, we're going to go back to uh city council for a formal approval probably uh Decemberish. So, that gives us a six-month window. and staff felt that um based on the results of the facilities master plan and the current workload, there were a couple projects we really felt was important to come and get it into the existing CIP before we start talking about the new 5-year CIP. Uh so with that in mind, these are the proposed park projects. Uh we have numerous high priority park projects, but again the ones that are up on uh the screen here are the ones that again staff felt that we could get substantially completed uh with what's left of this current fiscal year. There

are projects that we felt that um that not only were they high prior that we could get done, but we also have funding for. So, Birch Grove um with the updated playground, updating playgrounds at Jerry Raver Ash Street, the playground at Mirabu, and then all abilities play area for the newer community park. These are all projects that we think we can get done over the next um six or so months. Combined cost of all these is approximately 6 million, 6.5 million. We have almost 10 million available in our parks impact fee. Um, so we're planning to use utilize those funds and have three and a half million left over in parks impact fees. The proposed facility projects, again, we had 24 buildings in various stages of needing help, but um the these two projects in particular, the fire station number 27 uh as well as fire station number 29. So 27 is on Cherry and Maui Southernly Corner. It's a picture on the right. And then fire station 29 on Russian Drive at Newark Boulevard. That's the fire station on the left. [clears throat] Both of these stations need significant upgrade. And that was a result of the facility's master plan. There are significant operational challenges with both these facilities. They both lack uh secured perimeter fencing. They have issues with drainage, with their phone line, with their even their fire alarm system. There are significant code updates that need to happen to both these buildings. Um, but what really triggered uh our focus on these two buildings in particular uh was the life safety aspect. So, both these fire stations do not have adequate emergency generators and they both need significant seismic upgrades to meet current building codes. So given the the life safety aspect, we felt that these two projects really need to come and get

get going um over other high priority projects including the community center and other projects identified in the master plan. Estimated cost for just the preliminary planning is 3.5 million. We proposed to use funding source um excess revenue for measure GG. This is just for preliminary planning for the next six months. Um these projects combined we estimate is going to take between four to five years before we're done with construction. They're both very challenging projects. There's a lot of uncertainty with both of these projects right now. Uh but we do want to get going at least with a lot of the preliminary planning efforts. Uh I mentioned that uh back in uh June of 24 there were a couple projects that we couldn't council couldn't vote on because we didn't have a quorum. Among those we feel that these are the projects that are the highest priority that we want to get going um during next during this current fiscal year. So these include the oldtown priority development area streetscape improvements both the design and construction the railroad quiet zone implementation for design that project will have several years before it's done with construction and before we could apply for a quiet zone but we do want to get the design completed as soon as possible in the Thornon Avenue pavement overlay phases one and two. This goes from I880 all the way to Spruce Street if you include Oldtown. So, these are the uh capital improvement projects that um council could not vote on because they didn't have a quorum back in June. Our goal is to have um a lot of these projects in in design and construction over the next u next year. A sneak peek into the new 5-year capital improvement plan. So right now we have a two-year New York new Newark work has a two-year CIP that goes along with a two-year annual bi-anual budget. What we're what we are going to propo what

we're proposing to do next year is to switch over to a rolling 5-year CIP. Um and it's needed for several reasons to provide more realistic project delivery forecasting. As you can hear that we have a lot of big projects that take more than two years to go through planning, design, and construction. So this will help us forecast uh for these larger projects. It's needed to provide more long-term accountability and transparency. A lot again, we want to make be we want to make sure that both council and the public have an understanding of what projects we're going to focus on beyond just a two-year window. And same with the next item to make sure that we've got appropriately appropriate funding identified beyond a two-year window. Sometimes what happens and this goes align with to be better prepare projects for long-term grant readiness is that a lot of times and these are like for transportation related grants. We'll get noticed that a there's a call for projects and often times they want to make sure that projects are shovel ready meaning the design the planning the sequa the design is ready to go. So having a 5-year CIP uh plan will allow us to be ready for that. If we anticipate a call for projects, say three years out, we want to make sure that we can design early and be ready in case that call for projects goes out. And again, to provide more better uh better long-term [clears throat] council and community alignment beyond just a two-year window, our plan is to do an introductory council presentation in early 2026. Um that'll include prioritization of projects and a draft 5-year CIP review in spring of 2026. and hopefully if it gets approved, we'll uh kick off our first 5-year CAP by July 1 of 2026. Uh so the item before you tonight is to uh recommend that the amendments to the CIP with the new projects and the reinstated projects are consistent with

the general plan. Um these are the goals from the general plan. They're also listed in the staff memo. I'm not going to read them verbatim, but they're from the transportation, the parks, wreck, and open space, as well as the community services goals that are aligned with the um new projects as well as the reinstated projects. And staff's recommendation is to find the amended budget and CIP uh to be in conformance with the general plan. So, that concludes my presentation. I welcome any questions or feedback. Go ahead, Jeff. fantastic presentation. Thank you. Thank you.

Um I have a question. It's not necessarily related to uh conformance with the general plan, but you brought up an interesting um point right there as it relates to funding when it comes to these projects. So a lot of times, and if I I might have misheard it, but what I thought I heard was the in order to get funding, it's it's better and we're more competitive if these projects are quote unquote shovel ready. And so does that mean if we if we approve a plan July 2026, right, we have our priority projects, will the city then go and issue an RFP to hire a consultant and start working on improvement plans almost effective immediately so we have these plans ready to go and we're shovel ready for those funding sources. How do how do we run that in terms of a city?

Well, we'll incorporate that as part of the 5-year CIP. Obviously, there are more projects than there's funding or staff or consultants to do them all. So, we're going to prioritize the projects. But to the extent that we are aware of upcoming grant or uh funding opportunities, again, there's a lot of transportation related grants and CAFA projects that we anticipate coming in the next couple years. So, to the extent that we are aware of those, we may bring up some transportation projects up in terms of the design schedule to anticipate that call for project.

Right. [snorts] the the old town was one that came to mind right away, right? In terms of just all the infrastructure improvements and what might be needed there for us to go tap in and get that funding at a state level or county level, wherever it may be. Oldtown the Oldtown project is a great example because we have several different funding sources to pay for that project. Wonderful. What um sorry, this is more procedural, I guess. When when the city issues a an RFP, is that a council action? Do those actions go to planning commission or is that purely once we approve the CIP is is staff able then to go and and work to get everything done and be competitive through that process or do they have to go back to council?

Staff would have to go back to council to award uh construction projects or consultant agreements above a certain dollar threshold. Got it. Okay. I'm just thinking speed and efficiency so we're competitive. Okay. That was just another question. I have a question. Yes. Um, so I know that Alex Lee had secured funding for the quiet quarter on the railroads. Um, and so I know there's funding and you mentioned in the old town that it was going to wait until after the construction of the street overlay and everything like that. Did I hear that right? We are trying to incorporate the you're talking about the quiet zone as part of the old town project

because I know he secured it not just for like one spot. eight spots, right? And so I know you were waiting till the street work was all done. Was that what I was hearing? Like when the street works all done for the railroad crossing that is at part of Oldtown? We're trying to combine that as one project. Okay. So, so will the other um quiet quarter zones for the railroad will those wait as well or the idea is that we want to get designing or we we've actually we've actually completed 30% design on the other eight location other seven locations. Okay. So, it's just the designing on those. Yes. Okay. Thank you.

I have a question. Yes. Uh good presentation. I saw your one at the plan at the city council the other night, too. That was great. Um, on the two fire stations that we're replacing, and this is just maybe a procedural item, but what are we you going to tear those down completely and then put new fire stations there? What happens to the police or the fire response while they're under construction?

Great question. So, we're coordinating with the Alama County Fire Department. Um, they actually have three other fire stations that they are starting to work on right now. Um the idea is that part part of the uncertainty for this our project our two projects is that yes we are going to have to find interim facilities for both the equipment and the staff while we're demoing and constructing new fire stations. So that again that's part of the uncertainty with the cost and the schedules. We have to find whole new separate interim facilities for both fire stations. Those are projects unto themselves almost. Good. Thanks. Any other questions?

I have one question. Um, you had mentioned the uh four park renovation plans and you said we want to get them done in the next six months. So, you're saying you're going to not you particularly, but staff will get those four park renovations done in the next six months. Staff staff believes that we can get uh substantial work or completion done on these projects on all four of the parks. Yes.

Now, caveat, the parks facilities, the parks master plan identified multiple improvements beyond just the playground equipment that I that we're proposing. Um, so there are a lot of projects that are proposed for all the parks. Our focus is just on these four playground replacement projects. Okay. Right. Yeah. Okay. Good. Any other questions? Okay. All right. So, we do we need a motion to approve the general plan amendments? We do, I believe. Correct. We do need a motion. Correct. Adopt the resolution.

Yeah. Yeah. To approve the resolution. Yes. Yes. Yes. Okay. I can't hear. I'll make the motion to adopt the resolution finding [clears throat] it's in conformance with the general plan. So, Commissioner Becker makes a motion. Yes. And Commissioner Dylan second motion. Okay. All those in favor, please say I. I.

I. The record show five. I think on to item G, commission matters. G1, report on city council actions. I don't have any report on city council actions. However, I did want to mention that um we will be having a meeting on November 19th and this is the rescheduled u Maui village project. There'll be nothing else on that agenda in particular um but that'll be on November 19th.

Then we will move on to item H, planning commissioner comments. It's open to any commissioners. Have a safe and sane Halloween and enjoy it. [laughter] What else? I have nothing. Nothing. Nothing. Okay, we'll go on to item I which is adjoinment. Thank you. Good piece of work tonight. All right. I should go.