Planning Commission - Regular Meeting

Order. Will the secretary please call role? Commissioner Scamia. Commissioner Leo present. Commissioner Oliva here. Commissioner Fam here. Commissioner Woo here. Vice Chair Beninger present. Chair Ramos

present. Chair quorum has been reached at 5:39 p.m. [clears throat] Thank you. Vice Chair Beninger will now lead us in the pledge of allegiance. Thank you, Vice Chair Beninger. Before we begin, I would like to remind my fellow commissioners to turn your microphones on when speaking and off when not speaking. And when speaking, please place a microphone about 4 in away from you. Thank you. Two Spanish interpreters are present in this evening's meeting and will provide summarized translations. Members of the public may attend the planning commission. meeting either in person or virtually via Zoom. I now invite the commission secretary to describe how the public can access and participate in this meeting. This meeting is being livereamed via our portal at www.santa-.primeggov.com/pub/portal and on YouTube at www.youtube.com/city. youtube.com/c cityofsana videos. If you would like to

provide public comment, you may do so in the following ways. Join the meeting via Zoom. Enter the meeting ID number 82417562555. When the item you wish to comment on is being discussed, please select the hand icon to indicate that you would like to speak. Once called upon, remember to unmute yourself and state your name for the record. You can also join the meeting by calling 669900 6833. Enter meeting ID 8241756255. When the item [clears throat] that you would like to comment on is being discussed, press 9 to let us know you would like to speak. You will be called upon by the last three digits of your phone number. After you are called upon, you may press six to unmute yourself. For those who are attending this meeting in person and would like to provide public comment, please fill out a request to speak form and turn it in into the recording secretary. All speakers will have three minutes to speak. I will alert you when your time is up. Moving on to the public comments on non-aggenda or non-public hearing items. Secretary, does anyone wish to speak? If you are attending this meeting in person and would like to comment on non-aggenda or non-public hearing items, please fill out a request to speak form and turn it into the secretary. If you are participating via Zoom and would like to comment on non-aggenda or non-public hearing items, please select the hand icon to let us know you would like to comment. If you are calling in and would like to comment on non-aggenda or non-public hearing items, please dial nine and then six to unmute yourself. I will wait a few seconds.

Chair, we do not have any speakers. Thank you. Moving on to the consent calendar. Is there a motion to approve item? Sorry, Chair Ramos. Someone has raised their hand on Zoom. Thank you. We're going to go uh to public comments on non-aggenda or non-public hearing items.

Myself. Yes. My noned. Can you hear me? Yes, we can.

Okay. I would like a non-aggendum item to be addressed, which is why is it that the notice that was mailed to me took was supposedly mailed on the 26th of November, but somehow did not arrive to my home in Santa Anna for 7 days. It didn't arrive until December 2nd and was supposedly mailed December 26th. I also have further comments on that agenda item, but why in the world is it taking 7 days for the United States Postal Service to get mail for your meetings? Why is it taking seven days? We will have the Spanish interpreter come up to the podium to translate in Spanish. Chair, we have no more speakers on Zoom or in person.

Thank you. Moving on to the consent calendar. Is there a motion to approve item A, minutes from November 10th, 2025, and item B, excused absences? I'd like to move both. Second. Thank you. We have a motion from Commissioner Woo and we have a second from Commissioner Leo. Secretary, please call for a roll call vote. Commissioner Escamia. Commissioner Leo. Hi. Commissioner Oliva. I. Commissioner Fam. Hi. Commissioner Woo. I. Vice Chair Beninger. I. Chair Ramos.

I.

Motion approved by majority vote with Commissioner Scamia absent. Thank you. That concludes the consent calendar items. Moving on to the public hearing. I will now review the process for the public hearing so that everyone knows what to expect. Staff will provide a presentation and answer questions from the commission. The public hearing will be opened. The applicant will be given the opportunity to speak limited to 15 minutes. Members of the public will be given the opportunity to comment, limited to three minutes. The applicant will be given the opportunity to respond to comments made by the public limited to 5 minutes. The public hearing will be closed. Discussion will return to the commission with formal action taken to approve, deny, or continue review of the application. Please consider the following suggestions when organizing your comments. Please state your name. You may state your address. That is strictly voluntary. State whether you support, oppose, or are neutral to the proposal. Your statement should include all pertinent facts within your knowledge.

And that recording secretary, for the record, was that translated in Spanish via headsets or do we need that said by the interpreter at the podium? Yes, it was translated through headset. Thank you.

Thank you. Please note, decisions on these matters are final unless appealed within 10 days by any interested individual or party. Recommendations on these matters will be forwarded to the city council at a later date for final determination. Item one, this is the time and place for modification of conditional use permit number 76-38 for the property located at 212- 212 to 280 North Sullivan and 2602 West Fifth Streets located within the light industrial M1 zoning district. Before we begin, do any commissioners have anything they wish to disclose with regard to this item? Seems as if we have no disclosures. The case planner Nancy Tran will provide a brief presentation. Thank you. Good evening, commissioners. The item before you is CUP76-38 mod 1, a conditional conditional use permit request to modify the existing CUP approval in order to allow the expansion of the existing mini warehouse facility, commonly known as self storage at 212 to 280 North Sullivan and 2602 West Fit Streets. Staff recommends that the commission adopt resolution approving conditional use permit 76-38 mod 1 to allow the expansion of an existing self-s storage facility and to modify previously approved conditions as con conditioned. The subject's property general plan designation is industrial flex low flex 1.5. It is zoned M1 light industrial to the north along Fifth Street. Surrounding land uses include office, retail, school, and along Sultan Street a residence. Recycling, automotive repair, contractor yard, passenger transport um is located to the east. Commissary, auto repair, transitional housing, retail, medical manufacturing to the south, and to the west, self- storage, restaurant, and manufacturing uses. The site is made up

of three parcels totaling approximately three and a half acres. Sorry. In early 1974, the [clears throat] 2602 West Fifth Street parcel was developed with seven one-story steel frame metal storage buildings for self- storage facility use. At the time of construction, the use in the M1 district only required administrative approval. The property has operated continuously as a self-s storage facility since its construction. In October 1974, city council adopted ordinance number ns1225 requiring a c for many warehouse uses in the M1 district. In January 1977, planning commission approved CUP number 76-38 for expansion of a self-s storage facility onto the budding 280 North Sullivan Street parcel authorizing construction of several one-story buildings, office, and manager's residence. In April 2002, the city council adopted ordinance NS 2494 to add stricter standards for certain uses, including new self- storage near arterials and freeways with casebyase review for consistency with general plan goals and impact mitigation. Um, Santa Ana M Municipal Code section 41-472.5P requires a CUP for self- storage and generally limits approval to sites at least 500 ft from the arterial or freeway and 1,000 ft from a freeway intersection while still allowing some discretionary review of proposals closer than these distances. The redevelopment will involve a portion of the existing self storage um extra space storage site. As part of this plan, the project will demolish an existing one-story 1,214q foot building that houses the current

office and manager's apartment and construct a new 84,197q ft three-story self-s storage building. The new building will include a 1,246q ft rental office at the ground floor and 750T manager's apartment at the second floor. There will be no changes to the facility's hours of operation. The rental office will continue to operate Monday through Friday from 9:30 to 6:00 p.m. and Saturday from 9:00 a.m. to 5:30 p.m. Customer access to the storage units will remain daily from 6:00 a.m. to 8:00 p.m. In terms of the architecture and design, the new facility will feature a modern industrial design with stuckle finish, corrugated metal panels, metal canopies, and trim and metal rollup doors. There will be a generous use of glass to promote openness and visual connectivity. This includes aluminum windows, storefront glass, and spandrel glazing. With respect to on-site and off-site improvements, a landscape parkway will be established along Sullivan Street. Landscaping will be enhanced to improve the site's overall appearance, including a 15- foot wide buffer abing the adjacent residence and along Sullivan Street. A new 5-ft planting strip between the existing emergency access driveways along Fifth Street will be provided and the chain link fence with barb wire along the southern property line will be replaced with a 6 foot tall concrete masonry unit block wall. There will also be a new tubular fencing gate at this driveway at the driveway entrance and between the building and south property line along Sullivan Street. These are site photos of the existing property from the primary frontage along Sullivan Street where the new building is proposed and the northern frontage along Fifth Street where no work is proposed. The image to the left is the existing site plan with 12 one-story self-s storage buildings um the rental managers and rental the rental and manager residence building and RV parking. The image to the right is the proposed

condition with the project proposed on the lower right in color. And this is a proposed site plan zoomed into the area of work along Sullivan Street with the RB restriping and no changes to the existing five self- storage buildings at the rear. This landscape plan adds new trees along Sullivan Street along the along the northern property line shared with the adjacent residents in the RV area and along Fifth Street. New landscape features crepe myrtle, Brisbane, Brisbane box, Pacific max wax myrtle, London plane, and African sumac trees while preserving existing mature trees on site. The pallet also includes a mix of drop tolerant plant species to enhance the site's perimeter and overall appearance. These are the first and second floor plans with a zoomed in image of the 750 foot manager's apartment. And this is a third floor showing more storage units. This is a rendering of the northeast elevation and the sides of the building. The north elevation faces the adjacent residence and the south faces an industrial property. And these are the sides of the buildings. The east elevation facing Sullivan Street and the west facing the interior of the lot. The proposed expansion retains the site's existing self-s storage use, which has operated continuously since before adoption of proximity limits on new facilities within 500 ft of an arterial street under current zoning standards. Overall, the design and site layout ensures compatibility and scale and massing with the surrounding neighborhood, serving as an effective buffer between residential industrial uses and improving the public realm through quality architecture and enhanced street facing design. Landscape improvements along Sullivan and Fifth Streets will further enhance the area's

visual appeal and contribute to a safer, more attractive streetscape. The facility continues its role as a quiet, well-maintained buffer between residential and industrial uses as the neighborhood redevelops. City staff collaborated closely with the applicant to ensure the project's design fits with the residential context and meets all reconditional use permit requirements outlined in the Santa Ana mun municipal code section 41-638. Since the request is for an expansion of the existing self-s storage use at the site denial of the C would not require the existing self-s storage facility to cease operations as it may continue as an existing use. The project is exempt from SQA as it meets the eligibility for class 32 infill development projects as no significant environmental impacts would result. The project would not cause significant impacts related to traffic, noise, air quality, water quality, or biological resources and is not located on a hazardous site, a scenic highway, or subject to unusual circumstances or cumulative impacts. A notice of exemption environmental review number 2024-21 will be filed for the project and there's no physical fiscal impact associated with this project. This concludes my present. Oh, sorry. Um staff recommends adoption of resolution approving conditional use permit number 76-38 mod 1 to allow the expansion of an existing self-s storage facility and to modify previously approved conditions as condition. This concludes my presentation. Thank you. Does the commission have any comments or questions for staff?

Commissioner W. Um the height of the building is is a new elevation from the one story that is currently right. Uh with the previous CPU, um is there any issues that staff see in ter going from one to three story? No, it is compatible with the neighborhood and um the previous CU didn't um have a maximum for the height and since it's in an industrial uh zone, right, uh it's not impeding views for residential. No.

And um h how do you enter in the building in order to access the storage unit? Because it seemed like it's a box. Is there a loading dock or something? At the rear there is um a loading area for them to go into the building. So they go down some corridor and get some elevators to go up. Okay. Um and is there fire prevention for those uh elevators and things like that? They would be subject to fire code and building code. Okay. And and there probably is uh or ruse against uh certain kind of chemicals and things being served there. That's correct. Right. Okay. And I see that you added landscaping and all that, right?

Yes. Okay. Thank you very much. Thank you, Commissioner. Woo. Do we have any other comments or questions? Yeah. All right. I had my notes. Nancy, can you expand on uh the applicant's request to remove the cup number 76-38, the permanent um landscaping buffer? Um so the previous condition of use permit um required in the conditions of approval a three-foot perimeter landscaping within the property. Um the recommendation is to remove it because there would be no visibility for that.

Okay. And then uh I didn't notice it until I looked at Google Maps. So there it looks like there's a single family resident uh property directly adjacent to it. That's correct. Have we gotten any feedback from that owner specifically? No. Okay, that's it for me. Thank you. Thank you, Commissioner F, Vice Chair Benager.

There are there is a good example of what this building's going to look like down at Baranka in the city of Irvine. Um, and before and I don't know what exactly what time they turn the lights off or dim them. It's very bright until that time. Will we have any requirements on this building to dim lights at a certain time? Um, the condition um number 10 does have um language in there for dimmer switches to provide um it on the wall pack lighting. Okay. Is there a time set for that? NBM. No, there isn't.

Okay. Uh, also the um, correct me, have we seen this project before? Is this coming back to us a second time? It's similar. They have they had another project that went before planning commission in the summer. Okay. Which then brings me to security. What is their security plans on this? They have any requirements from the city on security?

Um, they will have as part of the conditions of approval security cameras. Okay. Okay. Because one of the pictures when I was looking at the the information today actually there's it caught a very beautiful picture of a homeless person that was camping on on their property. U I don't know what their actions are, what they do with that, but uh it sure be nice to have them monitor and if they have that do what they need to do. I realize homeless sometimes don't want to go but uh at least give them the opportunity to know the services on it. So, um, but they will have cameras that will be recording. Yes.

Okay. And I assume the manager lives on site will have some security responsibility, I believe. So, but the applicant can um elaborate on that. Okay. All right. No more questions. Thank you, Vice Chair Beninger. Do we have any other comments or questions? Seeing none, the public hearing is now open. Would the applicant like to speak on the matter?

Good evening, Chairperson Ramos, members of the commission. I'm my name is Rose Basinski. I'm an entitlement consultant for Extra Space Storage, and we're really happy to be here today to discuss a redevelopment of this site. We'd like to express our gratitude to staff. They've been very good and detailed in the review and discussion about the project and I think based on their commitment, it will be a very great project for the neighborhood and for the city. Also with me here today is Shab Villei from KSP Studio, the architect. And joining us via Zoom is Danny Morris from Extra Space Storage. and he can address the operational questions if you have them and also security. Um, thank you for hearing us today. Um, we think it's going to be a great project that will have great um, have great help and um, significant benefits to the city because it will provide new storage, conditioned storage and safe storage that is in demand in that area. So Danny would like to say a few words next if we could. Thank you. This is Danny Morris. I'm with Extra Space Storage. Can you hear me?

Yes.

Thank you, commissioners. I I appreciate it. Um, we presented during uh we presented in the summer um our Fifth Street uh redevelopment project and uh appreciate all the considerations. Um especially appreciate Nancy uh her feedback. Uh we've gone through a couple different iterations on this design and uh this is uh it's been exceptional in comparison to uh other jurisdictions we might uh work with. So I just want to point that out. Um I I think uh uh Nancy pretty much nails the entire project. Uh I will add so I I I think there was a concern about security. So, security cameras will be aimed pretty much as lack of better words, entrances, drive aisles, uh perimeters, and uh we're we're required under the condition to hold uh the camera footage for 30 days. Uh we are this is a big upgrade for our store manager in their apartment. Uh so there will be an apartment inside and uh they also have um kind of job duties just to be checking and uh we feel that the lighting plan that was provided will also increase and help our perimeter security. Uh so we we think all those things are going to get hit and we will uh we'll we'll do our best to to monitor that. Um, something else I want to point out too is [clears throat] we're uh under under code we are allowed to expand up to 1.5 FAR and we're at 61 on this expansion. So we're less than less than half of what the intensity would allow us to to submit. Um so we we feel very confident we'd be able to uh uh we we feel that this this

redevelopment expansion is is going to be a good benefit. Um we have continued demand on the site and this is our existing property. Uh an a use like this for us being able to uh expand on our own property. uh we we look at saturation levels and we also look at our demand and we know that if we are able to expand here it also limits uh you know other storage that might go in other uh other parcels that are ground up. So we're just uh we we feel confident we can have a win-win and uh help our customers and uh I guess your citizens in the in the city. Thank you. and open any any questions you might have.

Thank you. Does the commission have any comments or questions of the applicant? Commissioner Leo. Uh Danny, thanks again for um being available. Um, I think the public doesn't understand why there seem to be new storage units going up, not only in the city, but obviously around the county. Could you talk about because we heard it the last time in the summer, but I'd like the public and there there's a translation going on. Yeah. why there is a growth um in the [clears throat] industry and the distances where people who use these how far out they go because they don't go too far.

If you could talk about that a little bit, I think that will help people understand kind of why not only you're upgrading but why people use them.

I appreciate the question, Commissioner. So, um, if you're to think personally, where would you want if you had to use a storage facility, where would you store your belongings? First of all, it's close to where you live. You know, we focus on uh bright uh, you know, bright secure space. Uh, we feel that we're more uh, more retail um, than say, you know, your mom and paw and your traditional uh, drive up self storage that you might have seen, you know, in the 70s and 80s. Um so first of all proximity. Second of all um we because of the the way that the housing trends are moving um we are seeing a direct implication on the housing trends. Um so when you see higher density there is a demand. U so we can actually look in the area and say what is the you know what's the square footage within a certain trade area might might be 3 to 5 miles. uh we have a certain count and because of the trends we can say with confidence that hey we we should and can build up to this amount and be able to take on um uh additional storage uh space on the property and then because of the existing store in the um the metrics that we have at the existing store we're not guessing this isn't guesswork we we already have uh data of our existing store that shows us that hey we have above demand above what we have current occupancy capacity for. Um so just all those things right and when you see new storage that that goes up in some locations that developer owner is is taking on a little bit of a risk. Uh you know it it very much comes down to uh location. you know, it's it's definitely

not uh the product isn't definitely something that's going to be on uh you know, right on time square or right during a you know, in a very busy retail section of uh of a city. Uh but uh all those considerations uh we know that uh if we're if we're located adjacent to residential u that we're were helpful. In addition, there are small businesses that are startups uh that go into our our uh into our properties. Uh so store equipment uh do those type of things and I'm actually very proud of that. Uh that that's something I take very uh a lot of pride in helping uh small businesses and their startups. And uh so we just feel that uh the timing is right. Uh we've been talking about this site for a year and a half, two years now. And uh we we feel good about the progress. Thank you.

Thank you, Commissioner Leo. Do any other commissioners have questions or comments for the applicant? Vice Chair Bener. Thank you, Danny, for your time. I I just can't help but uh you know, you were Packard was started in a garage and uh there was talk of where the next new product's going to be developed and it's going to be a storage shed. That's for sure is where it's going to come out of. So, I I do appreciate you saying that. Uh right now uh do you have a present manager employed right now? Yes. Okay. And he will he just transfer over to this new expansion?

Yes. Yep. Jahi is there. Our district manager is the same district manager that's over the fourth street uh property as well. Her name is Marsha. They're fantastic. They've been uh they've been local and uh been there for a long time.

Okay. I like your design. I like the idea of uh being able to move uh items indoors and having hallways that you can take them down. My only concern again is uh on your design you have uh large windows at the end that people can look in which is great. The only problem is what time of night do you plan to dim those lights down those hallways? I you know based on just your earlier ask and saying 10 o'clock um it actually seems reasonable just to set that own condition on ourselves. Um I I think that's a reasonable time. Um and and just uh I guess just out of sake of being reasonable. I don't know how else to put it. I I think that's a that's a good thing. We can dim lights and we can put that on timer and we we do that uh we do that with a lot of our properties. So I don't have a problem in putting a condition on ourselves. So doing that.

Okay. 10 o'clock. Uh when did you expect your closing time to be? Uh 8 8:00 PM is uh the gates are locked at 8:00. Okay. Um and that's actually uh uh earlier than some of our other properties. Um, so we already have some, you know, some conditions there that we set upon ourselves for opening and we close a little bit earlier. Very good. Thank you. Thank you, Vice Chair Beninger. Do any other commissioners have any comments or questions for the applicant?

Great. Seeing none. Recording secretary, have we received any written communication or is there a member of the public that would like to comment on this item? Chair, we have received a total of zero emails in the form of public comments for this item before 3:30 p.m. deadline. If you are attending this meeting in person and would like to comment on this item, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on this item, please select the hand icon to indicate that you would like to speak. If you are calling in and would like to comment on this item, please dial on nine and then six to unmute yourself. I will wait a few seconds. Chair, we have one public speaker on Zoom. Her name is Nikki. Nikki, you have three minute three minutes to speak.

Hi, thank you. I just have a couple of questions and maybe Mr. Morris can answer them. Um, I know recently I was looking for a storage unit um because I went from a two-bedroom condo into moving back into my childhood home with my mom and I as I looked around the city, there was actually a lot of storage units open and available right now. What is the current um current empty spots of the property as is? Um because my question would be if we're just building storage units and I get that people use them especially people they want their storage unit close as I've had one for a long time. I just don't understand if we have a lot of storage units with open space.

What is the draw to keep opening or keep expanding bigger storage units? Sure. Um I appreciate the question and appreciate you uh being present to to ask. Sorry, was that the end of the comment? We can't have the applicant. That was correct. Thank you so much. You're welcome. Okay. Are there any more uh public comments on this item? Chair, we do not have any more public speakers.

Great. Thank you. Uh sorry. Now the applicant may uh provide any additional comments. My apologies cutting in. Um fair fair question. Um something I did not mention I guess when I was mentioning market or conditioned units. Um I I think if you were to take a survey of conditioned units, it's actually a very very big deal uh for uh conditioned units to be available. So uh we take obviously we are what we call cannibalizing some of our units uh and we are applying uh climatized conditioned units. Um so this is um you know it's uh dehumidified um keeps a certain range on temperature and this is actually a bigger deal for whether it's furniture or personal belongings that uh that might need that. Um, in the back of my mind, I I think of paintings, for example. Um, you know, there's there's certain uh conditions that are for that. As for the market in general as a concern, um, I you know, I there is a certain there's a certain point at which we are only really competing. We have competitors that have our same level of uh security, same level of um ju just kind of the aesthetic side to our our storage. And as I mentioned before, uh we take a kind of a retail approach. And um so I say this because when people are making choices or when customers are making choices on where they want to store um there's differences and we want to make sure

that we stand out and we we hold our occupancy and we push occupancy just because I I feel our operations is second to none and then we do all the little things that make a difference. Uh, so we're not just a run-of-the-mill self- storage company that just does a one-off. This is this is owned by by our REIT. Uh, we own it long term. We reinvest back into our properties. Uh, this will not get run down just because we're just that's the way that's what we do. Um, and so it's just it's easy for me to say, "Hey, we're going to take care of this property because that's what we do." Um, and we've got, you know, literally over 3,000 stores across the United States. We're the largest operator in the United States. Um, so I I just, uh, as far as, uh, availability, I know there's going to be some that are available, uh, drive up units, uh, but we're we're not all that concerned with, uh, with, I guess, um, competitors, quote unquote, uh, in that space.

Thank you. Are there any final questions or comments from any commissioners for the applicant? Go ahead, Commissioner Woo. Okay. But uh I am aware that uh a a notice of of of this uh hearing went out to the Artisia Polar Neighborhood Association uh and the neighborhood did did discuss it but had no opposition. Thank you for sharing that, Commissioner Woo. Are there any other final questions or comments before I close the public hearing? Great. Seeing none, the public hearing is now closed. Is there a motion to approve this matter? I'd like to move approval. Thank you, Commissioner Woo. I second it.

Thank you, Vice Chair Beninger. We have a motion from Commissioner Woo with a second from Vice Chair Beninger. Secretary, please call for a roll call vote. Excuse me. Could I add one thing? I'm sorry. I'm out out of area, but I like to stipulate or add to this approval based on a time limit for the lighting that we in um I'm sorry I'm seeking for the word, but basically incorporate the fact that there will be a time limit for the lighting and 10:00 is is agreeable with me. Do I have other So, um [clears throat] vice chair Bener, can you restate what you would like the motion to include? And it'll be a question from Commissioner W whether he would accept that friendly amendment.

I'd like to make a motion that we add to the requirements of the CPU that lights in the building are dimmed at 10 p.m. Um, doesn't that go along with the operational hours? It's they said their operation hour ends at 8. Staff, would you like to respond to that, please? Thank you. Yes, the operational hours are until 8:00 p.m. So, isn't that when the light goes off?

So, the hours of operation, as was mentioned, um the gates would close at 8. However, the applicant has stated that the lights would stay on beyond 8 and they were willing to self-impose or to self-regulate the hours that the lighting would be on to 10 p.m. And I believe that's Commissioner Bener's um revision to the conditions of approval to add that condition. I'm immenable to adding that to my motion. So, Commissioner has accepted the friendly amendment to his motions. We have a motion from Comm. Do we need that restated or is the initial motions? We're good.

Great. So, we have a motion from Commissioner Woo along with a second from Vice Chair Beninger. Secretary, can you please call for a roll call vote? Commissioner Scamia. Commissioner Leo, I. Commissioner Oliva I. Commissioner Fam I. Commissioner Wu I. Vice Chair Beninger I. Chair Ramos

I. Motion approved by majority vote with Commissioner Scamia absent. Thank you. We are now moving on to item number two. This is the time and place for conditional use permit number 2025-26 and various and variance number 2025-02 for the property located at 1441 E17 Street located within the professional P zoning district. Before we begin, do any commissioners have anything they wish to disclose with regard to this item? I received an email from the applicant, but there was no correspondence. The case planner, Pedro Gomez, will provide a brief presentation. Uh, thank you, Madam Chair. [clears throat]

Okay. Good evening, Madam Chair and fellow commissioners. The second item on today's agenda is a request for an approval of a cup and a variance for the construction and operation of a new church at the property addressed as 1441 East 17th Street. Staff is recommending approval of both the cup and the variance application. The project site is approximately 0.55 acres and it's located at the intersection of Wright and [clears throat] 17th Street. It has a general plan designation of professional and administrative office and a zoning designation of professional. It's surrounded by single family residences to the north, a charter school and religious facility to the south, professional office uses to the east, medical and professional offices to the west. The next couple slides show a series of photos that highlight the existing conditions of the site as of today. We can see the existing site conditions, adjacent neighborhood contexts and former building footprint and basement access areas. So on the screen right now we have the view of east from right street and view southeast from right street. And on this slide we have a view northeast from right street and a view west from 17th street. The site was developed in 1966 with an office building approximately 11,000 square feet in size and a basement. Since its construction, the building was occupied by various office uses including professional office, counseling, real estate, attorney, and medical office. And the building has been vacant since 2021. Well, the building remained vacant in 2021. Uh the owner purchased the property in July of 2018. And in September 2019, the property owner submitted the first development project review application, which was deemed complete by the city's development review committee on May 13,

2021. On June 28, 2021, the office building sustained a major fire. The damaged structure was subsequently demolished with only the basement portion remaining. Since then, the basement area has been temporarily shored for structural stability. The applicant proposes to construct a new singlestory 11,788 ft church. Due to the fire in 2021, the site is now mostly vacant with only a 11,313t basement parking level remaining. The basement would accommodate 26 parking styles for the church and would be further used as additional storage and would include a mechanical room, stairs, and elevator. The applicant is also proposing 10 surface level parking stalls, a new trash enclosure, new lighting, and new landscaping. The church itself would include offices, conference, and meeting rooms, a fellowship hall, a cry room, and a sanctuary with no fixed seating. Regular worship services are proposed Friday, Saturday, and Sunday from 7:00 p.m. to 9:00 p.m. with no weekday or daytime services. Ancillary and general administrative office functions would occur Monday through Friday between 9:00 a.m. and 5:00 pm supported by two or three staff's members. Generally, the site accommodates 36 parking spaces resulting in a deficiency of 7 and2 spaces. To address the shortfall, the applicant has secured 115 off-site parking stalls exceeding the minimal required the minimum required in providing it um in providing an operational surplus, excuse me. So on the screen here we have the proposed site plan. Uh 17th street is situated towards the left and the north elevation or the north side is on the right hand side.

So vehicle circulation access onto the site would be accommodated via two-way driveway aisle along right street. And the project has reciprocal access agreement with the adjacent property to the west which is addressed as 1421 East 17th Street and it's currently occupied by Planned Parenthood Planned Parenthood. The adjacent site also has a two-way driveway aisle that provides ingress and egress from 17th Street. The proposed basement parking would be accessed from an existing vehicle ramp located towards the north of the property along the west suran property line while the 10 surface level parking styles would be accessed primarily from right street. The project does include several several rightaway improvements including uh on right street such as new street lights, replacement of damaged sidewalk, new curbon gutter and installation of new street trees. And then within the professional zoning district, the code requires a minimum 15 foot front setback and street side setback and corresponding 15 foot landscape front and street side setbacks as well as a 5-ft landscape interior sideyard and 10-ft landscape rear yard when adjacent to single family residences, which is the case for this project. As shown on table two of the staff report for the presentation, um the project provides a 10- foot two-inch setback along the front yard, 5 foot 10-in setback along the street yard, and no interior side landscaping and only a 5ft rear landscape buffer, necessitating variances from these standards. So on the screen, we have the proposed floor plan. Again, 17th Street is situated to the lefth hand side. We have the basement that highlights the existing parking spaces, the mechanical and storage room, as well as the staircase and the elevator.

On the screen, we have the conceptual landscape plan. Uh the site's landscaping would also be rehabilitated and designed to complement the building proposed. Um, in addition, staff is recommending a condition of approval requiring that the installation of two shade producing trees along the southern elevation, which would be along 17th Street. These trees would be reviewed and approved as part of the required final landscape plans and will support enhanced sight shading, pedestrian comfort, and overall landscape quality. So on the screen now we have the elevations and I was made aware of a potential discrepancy on the plans included as part of the report to the planning commission. Um but the slides uh and elevations on the screen now are the correct elevations. So we have the north elevation um to the top. This is the building as you're looking south but it is a north elevation. We have the east elevation the south elevation on 17th Street looking north and then the west elevation. The proposed building features a contemporary architectural style incorporating a unique design including articulated frontages, tapered columns along the front um and secondary elevation. The primary building entrance is further enhanced with a prominent covered patio designed as a wood trellis. And the building makes use of materials such as stuckle finish, articulated score lines, wooden window pergulas, metal swing doors, guardrails, a broom finished concrete, and wall-mounted light fixtures. The proposed church reactivates a long vacant fire damage site with a compatible community serving use. The project is appropriately scaled and compatible with surrounding professional, institutional, and residential uses. All worship services

are proposed to occur indoors, minimizing potential noise impacts to nearby homes. And the operating hours are limited Friday through Saturday, excuse me, Friday through Sunday evenings between 7:00 p.m. and 9:00 p.m. avoiding conflicts with nearby offices and school activities. And again, this is the primary service um uses, not the day-to-day office and administrative visas. Uh we also have fully shielded lighting and landscape buffers to protect adjacent residential properties from glare and visual impacts. A parking management plan ensures uh vehicle circulation and prevents spillover into residential neighborhoods. the shared off- streetet um or off-site parking is available during service hours when surrounding businesses are closed, meaning that there's the availability of parking spaces. Uh pedestrian uh pedestrian safety is enhanced through new crosswalks, street lighting and rightway improvements which were discussed earlier. And the project would not be detrimental to the public health, safety or welfare as it satisfies all required findings for approval under the uh San Municipal Code section 41-638. Uh regarding the variance, the site's small size, corner location, and constraint geometry create special circum uh circumstances that limit the redevelopment. Retention of the existing basement structure further restricts building placement and the site layout. The strict application of setback and landscaping requirements would make the site impractical to develop. Without the variances, the project would lose the essential parking, the circulation space, and the functional building area. And then granting the variances allows reasonable use of the property consistent with other sites in the area, especially along 17th Street.

Further, the project maintains over 68 feet of separation from the adjacent residences to the north, exceeding minimum requirements, and that's to kind of the entrance of the building. Reduced landscaping will be offset with enhanced planting and screening measures. Again, all service uh occurs indoors and during limited hours, minimizing neighborhood impacts, and the variances maintain consistency with the existing development pattern along 17th Street. The project meets required findings under the municipal code and will not harm public health, safety or welfare. And uh professional administrative office uh general plan designation allows for complimentary institutional and community serving uses including churches. The project introduces a compatible lowintensity community use along the professional corridor and it's consistent with the general plan by revitalizing a long vacant site with compatible community serving use that enhances the corridor through a high quality design while ensuring compatibility with surrounding residences through setbacks, massing, buffering and operational safeguards. The operational limits, indoor only services, the light shielding, and restricted evening hours further ensure compliance with the city's noise standards and support a safe, welcoming environment for the community. The public notifications for this project were posted, published, and mailed in accordance with all city and state regulations. In addition, staff contacted the provided contacts for the Portlo Park and Mayberry Park neighborhood associations to ensure that they were aware of the project and the public hearing. At the time of the staff report and of the presentations, there were two residents that expressed support for the project. There's since been additional comments received. Uh the two letters of support cited long-standing concerns

regarding the vacant and fire damage condition of the property and welcoming its reinvestment reinvestment and rehabilitation. Uh the supportive comments noted that the redevelopment of the site would eliminate a blight, improve neighborhood appearance and restore the property as an active use. There were opposing comments received and there has been opposing comments received since then. Opposing comments cited anticipated traffic congestion, potential cut through traffic through adjacent residential streets, and vehicular and pedestrian safety as primary issues of concern during peak service hours. Uh staff does want to note that we provided a summary of the opposing comments um as part of the DIS today. We've made those comments available to the public as well in person. Um and what it does is summarates summarizes kind of the extent of all the comments that have been received opposing it. Uh notes the comment provided and a response provided by staff to clarify for the planning commission. Uh in accordance with the SQA and SQA guidelines uh the project has been reviewed and determined to be exempt from further environmental analysis. The project qualifies under SQL guidelines section 15332 which is a class 32 for infill development because it's consistent with the general plan and zoning. It's located located on a fully urbanized acre uh 0.55 acre parcel and it contains no habitat for sensitive species. The project would not result in any significant environmental effects related to traffic, noise, air quality, water quality or public services and the trip generation remains below vehicle miles traveled screening thresholds. Um, which means no full traffic analysis was warranted. Uh, warship services occur during off peak evening hours and a parking management plan will ensure orderly circulation and prevent queuing. Uh further the site is not located on

any hazardous materials property within a state scenic highway corridor or in an area subject to unusual circumstances and not um cumulative or historic resources impacts have been identified. The project also qualifies under a section 15301 class one exemption for the existing basement as there's going to be minor alterations um as part of the development. Based on these findings, staff has prepared an environmental review number 2023-20 and a notice of exemption will be filed for the project. There's no fiscal impact associated with the project. And with that, staff is recommending that the planning commission adopt the resolution approving conditional use permit number 2025-26 as conditioned and adopt the resolution approving variance number 2025-02 as conditioned. Uh that does conclude my presentation. I do want to note that the applicant is in attendance today should there be any questions directed to towards them um as well as their project architect. Thank you.

Thank you. Does the commission have any comments or questions for staff uh comments for the applicant? What happened during the public hearing? Go ahead, Commissioner Leo.

Pedro. Uh first of all, thanks for the the memo. It's um not only is it concise, but it's cumulative. that answers pretty much any questions that came up during the presentation. Um, uh, I think that if I were a neighbor, I'd probably want a building there, um, given how vacant it is and the issues are homelessness and other things. And since it appeared that the furniture the previous owner or the um furniture store was not going to be replaced, uh I think this is a a very good example of someone stepping forward to say, "Hey, I'm going to I'm going to take ownership of a piece of property and try to move it forward." So, I do appreciate how you handled it. I can see that your wording was was um let's just say delicate in certain areas. Um but I I appreciate you answering these. And if you haven't seen this, get a copy of it and read it because it pretty much answers any questions that almost any neighborhood would have about a project. So, thank you, Pedro.

Thank you, Commissioner Leo. Commissioner Olivia, how do I get a copy of that? Thank you, Commissioner Oliva. We're going to continue with comments from commissioners. Commissioner Woo. Um, yeah, thank you for your your work on this. Um my question um is not necessary to be negative but um the the parking deficit is made up because they're using the parking spaces that's not being used by the village, right? And all the organizations there when they have their meetings and things like that, right?

Thank you, Commissioner. the parking deficit is made up because there's not sufficient side area on the on the project site to accommodate the required parking right given the proposed seating like um congregation area. What is being done though is that they're entering into a shared parking um [clears throat] agreement with adjacent properties to accommodate for that discrepancy. So, while they can't meet the parking on site, they can meet it offsite adjacent to that village parking where the opposing office hours allows for them to use it and not conflict with any other parking.

Yeah. And I understand that. Um my my thinking is uh because of nature of the Planned Parenthood and the uh nonprofit organization in the village and and other organization there. Um there may be times where you are juggling for for parking. Uh I know I've chaining there and I circle around for a while and then uh you hate to have to to go into the neighborhood. Um but that's something that doesn't happen on a regular basis and and um the the your plan and your answer did talk about a a parking management plan. So that's to be worked out or it has been worked out or do we need to mention it in our motion?

That's a good question. Thank you. There is a draft parking management plan included as part of the parking study. However, staff felt that there needs to be additional information included. So, we're recommending a condition of approval to provide a updated property or parking management plan prior to like occupancy,

right? Uh and also because of the the nature of the building being on that corner and it comes up to uh it doesn't come up to the sidewalk. There is still is a sidewalk but uh uh the church building uh exterior uh h is designed in such a way uh my concern is is there a way of mitigating uh homeless people from uh uh camping out on the property there? I I get I I guess I'm trying to word it in a way that it doesn't seem punitive, but uh because all our businesses in the city might be impacted like that, but I'm wondering if they have specifically a plan uh to address that.

Uh thank you, Commissioner. That may be a better question directed to our applicant. As far as I know, there isn't any proposal to secure the site through fencing or anything like that. Um the setbacks are reduced or there's less space for congregation. um theoretically within those spaces. So that in combination with the landscaping design hopefully it discourages um any activity that's elicit. Yeah. Because you know just driving by there at certain times they are you do see uh people at the Planned Parenthood and some of the other uh businesses. So uh uh I just want to point that out and I didn't know if we needed more more questioning on that. Thank you chair. Thank you commissioner [clears throat] chair. If I may, go ahead.

The summary in response to comments that was referenced by Commissioner Leo and principal planner Gomez is available here in front for members of the public that are in attendance tonight that wish to view that. It's also been posted to the website. So for those joining us virtually, it's on the city portal where you where you access the staff report and exhibits, it's also been posted to that as well. So, just point of clarification on that. If anybody joining from home right now went to our agenda and clicked on all of the attachments for this item, they would be able to find that memo we have in person. Correct? Yes. Okay. Staff said yes. So, uh, anybody joining us on online or via phone from home, uh, please go refresh the agenda for tonight's meeting. Click on this item and you'll find that memo under the attachments. Thank you, Commissioner Fam.

Thank you, Chair. Um, Pedro, just to confirm the the previous building that was destroyed by fire, it looks like the new church is essentially rebuilding on top of the existing footprint, right? And so, like for like, it's essentially the same building in terms of u lot lot coverage, in terms of how it occupies the site.

Uh, thank you, Commissioner. Um yes, plus or minus some square footage. It's effectively the same because structurally it needed to be designed on top of the basement as it's the foundation for the building. Um in addition, um it kind of respects that existing setback that was from the residences as to kind of not eat into additional area to then create noise concerns, lighting concerns. So that was very intentional as part of like this design and then staff comments too. So yes,

that then that's what I'm following up on is essentially our the variance that we would be granting is to you know if it was built per today's uh design standards then there were large there would be larger setbacks but um the previous buildings building was built without variances in terms of landscaping. Is is that is that correct?

That's correct. The previous building was also deficient in the same um setbacks in landscaping and actually prior to the building being burnt down um they did complete the development project. The next step was to go through entitlements which would have presented the planning commission an entirely different project. It would have entitled the existing office building for the use and entitled the variances as existing. So yes, you're correct. This new building doesn't create any new sort of deficiencies that weren't already there as part of the office building, but it is memorializing them as part of this approval. Uh, and it's again the site constraints being what they are, they can't accommodate the requirements for 15t setbacks on any of those.

Yeah, I'm sympathetic to um especially to this specific project because I know that structurally they have the basement and so they need to kind of respect the structural boundary of the existing uh structure. um on that previously as a furniture store were they deficient on parking as well because I know the retail might be more of a intense parking ratio than a current an assembly would that's a good question I don't know the parking ratio for the furniture store and whether they had sufficient parking but the use of a church on this site whether it was existing

I know the parking it's too Thank you. Um, as I was saying, the use of a church at this location, whether it was the old building or this new one, would have been deficient in parking no matter what, given the site constraints, but I'd have to get back to you on whether the previous use the furniture was um satisfying parking for that use.

Okay. Yeah. I I think a little background that would be good just to understand if that lot was deficient in parking parking uh previously. uh and that you know it looks like the applicant didn't overly enlarge the envelope of the building to take away any any parking space that that was originally proposed. Then it would make sense why we be uh deficient in parking um now. So I think a little color on that would be good. Doesn't need to be now but you can follow up with an email. Uh I think that was sufficient. Thank you. Yeah. Um thank you. Yeah.

Thank you, Commissioner Fam. Vice Chair Bener, uh what is the capacity of the the meeting area? Thank you, Vice Chair. Are you referring to um just individuals? Um well, right right now concern is with parking, but uh I'm just kind of curious of the assembly area. It's going to be a capacity number of people that's going to be allowed in there. What is that capacity?

Let me see if I can try to um pull that information up. It is based on building occupancy. Um and within that office or I guess within the building there's different types of occupancies, offices being one and then the assembly space being another. Um so let me see if I can pull that up as part of the compiled set of plans I have for you. Yeah, because I my point being is that if you have a congregation that's not that large, then the parking issue isn't going to be that large of an issue.

If uh if this is something that I can't pull up, um again, we do have the project architect um available who designed the plans and might be able to better speak to the occupancy limits um because they have to prepare occupancy designs for our building department. So, right. Okay, that that's all that I have except I I like to echo that Commissioner Leo that is very nicely put together and um if I live in that area, I was would want to see something developed in this site too. So,

thank you, Vice Chair Beninger. I have a few questions for staff. The first one is, has the city received any comments on this project from the neighboring uh property uh Planned Parenthood? We have not. Thank you. And um can you share more about how many parking spaces this uh site would be using from Planned Parenthood and how many from the village parking lot across the street? Of course. Thank you.

You just can bear with me while I pull up that information. [clears throat] Yes. Um but I think specifically um 12 shared spaces at the Planned Parenthood site and 103 at the village. Thank you. Uh and I'm very familiar with the village parking lot. It is massive. Uh so I trust that those 103 spaces would be available. Uh staff, do you have any concerns with this parking plan?

No. Thank you. Uh, and I raise those because Councilwoman Lopez, who represents W3, did reach out. Just uplifting concerns. So glad to hear that those concerns are not held by staff. And can you please describe the noticing process for this project and any other project in the city?

Of course. Um the there's legal noticing requirements that the city has to abide by um within a thousand foot radius of the project site and that includes measuring from each corner of a property extending out linearly. It creates a buffer that identifies an area of noticing. Um so that is the only legal requirement. And we also um do on-site posting. Um the same notice that gets mailed out to property owners within the thousand foot radius gets posted on site. Beyond that, staff occasionally, depending on the the type of project and its potential impacts to adjacent residences, does also reach out to neighboring leaders, those that we have contact information for to advise them on a potential project, the upcoming meeting. And the hopes is that information trickles down to its um neighborhood and um does exactly this, right? They show up and uh voice opinions either in favor or against. Um but that part of it is not a legal requirement. So, and the notices do have to go out before a specific timeline, and I think it's legally required 10 days prior to um the public hearing. So, there's plenty of time prior accounting for mailing and all that stuff. So, and then newspaper deadlines as well.

Thank you. And just uh for the record, all of those noticing requirements were met for this project. That's correct. Thank you. And uh would you know when you notifi when the city staff notified the neighborhood leaders from both um Mabbury Park and Porto Park? It was beyond the 10day. Are you exactly in just a minute? Thank you. That would have been the week of November 24th.

Thank you. So, the neighborhood leaders were notified well beyond or earlier than when official notices were mailed out. Correct. That's correct. Thank you. And then um if you can please remind us what the commission is to consider tonight when considering this item and what we're Yeah. based off exactly what are we to consider this item?

Um yes of course. So, as kind of summarized in the memo, the commission um is in receipt of comments that may have no relevancy to the land use decisions that the commission's making. So, before you there is a conditional use permit um for the use itself. So, in the professional zone, churches are are permitted use with a conditional use permit. That means that the planning commission would have to analyze and evaluate the potential impacts associated with this such as traffic, pedestrian circulation, uh hours of operation, lighting, noise, and decide whether this is a use that's appropriate in this location. Um in addition to that, there's a variance request that the applicant is um submitting. That variance request is essentially stating that the required standards cannot be met due to some sort of unique site um circumstance. So the staff report kind of summarizes that this is a um smaller than usual lot for its zoning and location and because of its existing conditions with the basement structure, the building cannot meet the same standards that another professional zone property could. So today it would purely be a decision based on those two um entitlements and then only related to land use consistency with the general plan and zoning consistency. Um, that's all we're looking for.

And then my final question is on the operating hours. So, I saw that those are for Friday through Sunday, 7:00 to 9. And I was wondering if those were proposed by city staff or if those were proposed by the applicant.

Those were proposed by the applicant. Um, and as far as we understand, those are the um service times that like a service is happening. um different denominations have different names from, but uh it doesn't account for when the um service is over. People kind of trickle out. They congregate a little bit before they get to their vehicles. So this isn't saying that everyone has to be out by 9:00. It's just saying that the last service is at 9:00. Um so or it ends at 9:00. And so people trickling out probably leave to get to their cars by 9:15, 9:30. Um, and on top of that, there's other administrative office uses and special events that could happen um that are not within those hours.

Thank you. And then are these operating hours typical for churches and churches that we've considered? It just seems a bit more restrictive than what I remember in other similar projects that came to us.

Staff didn't have any say on the services that were being proposed in the hours or even the days. This was entirely from the applicant. So, it is I agreed it's a little unusual. Most services that we've seen um are Sundays morning. Those are typically your peak time hours for um religious facilities. But that obviously that's not the rule. Um people can have services whenever they feel like their congre congregation needs to attend. And so, um, while we don't set the hours, um, we did recommend that it be included as a condition of approval because it was kind of, um, self-imposed by the applicant, um, due to his adjacency to the residences to the north.

Okay. So, if this commission uh, wanted to expand those operation hours just so that it's less restrictive and the applicant was open to that, that's something we could do tonight. Certainly. Great. Thank you. Those are all my questions for staff. Do any other commissioners have questions or comments for staff at this?

Yeah, I have a followup on the question raised. Uh, it seems like based on the qu question that uh u commissioner uh Ramos was asking uh in both the uh the resolution for conditional use and the uh approving the variances. We are approving uh inconsistencies but it seems that uh what staff is saying is that we are aware of these inconsistency but uh you're asking us to approve those inconsistency based on your judgment that um uh this uh if we feel and deem that the location of the uh project uh warrant an okay to go with those inconsistencies,

right?

Uh in a sense, so as part of the variance request, um we can't just um decide that we're going to issue a variance. There has to be specific findings that have to be made and those findings are are sight specific. Um it can't be like a financial hardship. Um it's got to be something specifically about the site. Um I'll use kind of a a really kind of simple example. um something topographically um there's a huge kind of slope that prevents someone from developing a lot the same way a neighbor who doesn't have a slope um similar size lot but half of it is just not developable. Yeah, I was just trying to make sure that I understood what what you were saying because um through throughout uh our term together, uh Commissioner Leo has has stated that when we make a motion today, we got to uh remember what the impact pack will be in in in the future. And so, uh I I was asking about those inconsistency along the line that we're just not making a special in uh allowance for inconsistency for this particular project. Uh but that these inconsistency here are just because of the of of um the difference between as as commissioner uh Bowwin pointed out uh the different between the previous usage and the usage of a church and if we deem that the church uh can go there and should go there and that their new design is okay then the inconsistent with the previous uh uh uh um resolution and variances uh is where the inconsistencies are.

Did I get that right? Yes. So this so your action today doesn't change zoning standards. It doesn't change anything like that. What it's saying is that this site cannot meet the development standards be for X reasons which are outlined in the staff report and there's are usually due to site restrictions and that's okay because of you know what the sort of findings that we've made but you have to actually vote on that. Yeah. Thank you. Are there any other questions or comments for Steph at this time?

I have uh sorry just one more. Um, would a special event uh that requires special permit and permission from the city be anything outside of the operating hours listed?

We wouldn't require any sort of um like a land use certificate, which is typically the the application would require unless there's something proposed on the outside. Um, normal special events like um a funeral um sweet 16 a wedding. Those are all part of these types of um facilities, which is they're okay to be operating at this location without any sort of special considerations. Um what we've done as part of the conditions of approval is ask that they also be included as part of the parking management plan to identify that there will be sufficient parking whenever they have the special events because those special events likely would not be happening between 7 and 9:00 p.m. It could be happening earlier. There's no restrictions on those, but we want to provide assurances to the neighborhood and to staff that there will be sufficient parking on site, which is why we've included as part of the management plan. So, if it's not already included in the shared parking agreement with adjacent sites, they're going to have to modify it.

Thank you. And if this commission wished to expand the operating hours, would that affect would that impact the parking management plan?

It likely could. Um, the parking management plan looked at um, I guess it depends on the hours, but the parking management plan looked at the idea that the hours the peak hours for this use would be Friday, Saturday, and Sunday between 7 and 9, which are not typical peak times for this type of use. And what it did is say that the office uses along 17th Street, specifically Village, they're closed. So there is no need for parking for them. So, if you were to say expand the office hours or I'm sorry, the church hours earlier and the applicant agrees and they want to hold services at 4 p.m. there could be conflicting parking issues at that time.

Thank you. And then on that, if we wanted to expand the hours for let's say Saturday and Sunday where Sunday there typically is nothing happening in that village parking lot, Saturday very rare that there's things happening in that village parking lot. I know I'm very familiar with it. Um, if we wanted to expand, if we wanted to give the applicant the opportunity to expand their operating hours for Saturday and Sunday when it's likely that that parking lot will be available, would that be possible? Uh, and would that be possible? Would that be possible in knowing that it likely won't require any additional parking management plan because it would be the same conditions with that parking lot specifically? it would be within your purview and I think I I would agree that it wouldn't change the sort of parking study as the sort of conclusion would likely be the same. I can't say that definitively because I don't know the other uses but if the parking is typically used for offices Monday through Friday um it's conceivable that on Saturday and Sundays there is no need for parking and that this could be expanded for hours um earlier than 7 p.m. So yes,

thank you. And I just asked that because I know we've considered other churches and I remember a church we specifically considered in West Sana I believe about a year ago where we had concerns that some of the language may be a bit too restrictive and we expanded that language to remove as many restrictions as possible. So I want to make sure we're applying that same type of uh treatment to all similar applicants. So thank you. If there's no other questions from the commission for staff at this time, we're now going to go ahead and open the public hearing. Would the applicant like to speak on the matter? director. director.

Oh, okay. President Gomez project manager construction. Santana, a famili much construction.

Pastoral, Senior Pastor Lareno Carrera. Good afternoon, uh, Chief Ramos and, um, members of the commission. Um, my name is Lasso Alejandro Gomez. I'm a pastor uh ordained pastor and currently I serve as project manager for the construction of our church radolus a radolus Christian church. We come with humility to present our project which is not only a religious effort but also a direct compromise with the well-being of our community. For many years, we have been established in Santa Ana, serving and helping families, young people, and adults. In in some time, um, our pastor, Loriano Carrera, will share the labor and impact that our organization has done since 1984. As a church, we have waited for this project for many years. We have worked argues. where have worked really hard um collecting funds, improving everything and going step by step with responsibility. Chief Ramos, members of the commission, today we come to you to you with humility to ask for your support to obtain the permit uh the construction permit. We need uh our own place where we can gather after moving from one place to the next. This building would be a a real home for our whole congregation and for the families that seek help. With our full heart, we ask that you um are in favor of this project that is so important for our community. Thank you very much for your time. Blessings to everybody.

Good evening to the whole commission and our chief Ramos to everyone that's here in this meeting pastor. I want to start by introducing myself as well. Uh my name is Pastor Lasso Alejando. Um and I want to start by presenting all the members of the congregation. Fore. Um since 1984 we have had a lot to talk about, a lot to say and God in his mercy has given us the his service and the vision to be able in the spiritual area to not only in the human area but also spiritual area. Okay. Fore! Foreign! Foreign!

Santana, your orange country in 2018. Um it's been crazy year. Um God provided us with a building and the wish uh was to remodel the building but at the same time we had everything to get started with that. However, uh something or somebody it did something very strong on us, very difficult that made our life very difficult and the whole upper part of the church was burnt and we continued struggling and we have not wanted to leave, right? because we God put us in our path and our spirit is um wanting to serve him and all the other uh cities as well. Santana were cry and also it's very difficult to continue this way. name. Um so we are here with our full heart. We have uh requested this permit and I know that you guys are the authorities that you guys are the last word. You guys have um what it takes to make this work and we want to find the best way to be able to help all of those that are around this area and all of those that are part

of the congregation. And we want to make sure that uh we can help them in the best way that we can. So that's why we want to make sure that we get this permit so we can uh begin the um building. So I wanted to end by thanking all of you guys and um for listening and for providing us space to speak as well and so thank you very much and God bless you. Excellent. I I also wanted to take the time to thank you guys uh for your time and also for um just commend you for the job that you're doing. At the same time, we're very impressed with all of you guys. We've sent you guys email with you guys have been great with the communications. My name is Lasso. I sent each and every one of you an email. So, thank you. I really, really appreciate you guys.

Thank you. Gracias. Um, if the applicant can see at the front in case there are questions for the applicant. Do any members of the commission have any questions or comments for the applicant? Go ahead, Commissioner Leo. Um, there's been a um, we're going to need the translator. Um, there's been a lot of discussion about parking and shared parking. Okay. Would the applicant be amendable to a six-month review

by staff, by planning staff,

just to make sure once you're open and you've run your services and those things to make sure that it's working for not only you but the neighborhood as well. So there's no even parenthoods. Okay,

great question Commissioner Chris Leo. Um, yes, we have no problem whatsoever with um Okay, doing that. So, um, we have had no issues, uh, with the neighbors and the adjacent parking. So, anything that needs to be done, we'll do it. Thank you. Thank you.

Thank you, Commissioner Leo. I have two questions or yeah, two questions. The first one, has the church developed a relationship with uh your neighbors, Planned Parenthood? Yes, in fact, we have a great relationship with them. um we they're a blessing at the end of the day and we did we do have written permission from them that we can use their parking uh when needed. So yeah. Yeah, we have a great relationship with them.

Thank you for sharing that. I asked because one of the comments I think there were concerns. So happy to hear that there's a great relationship being developed. And then my second question is on your operating hours uh which right now are from 7 to 9, Friday, Saturday, Sunday. In my op opinion, they feel a little bit restricted in comparison to other churches we've considered. So, uh, I'm curious if you would like this commission to consider expanding those hours of operation

for Um, thank you for your question. So, our traffic engineer actually u made all the calculations and at the time that uh we're open, in fact, most of the adjacent um businesses are closed. So, there should not be any issues with parking at that time.

Thank you. Uh and just to clarify, I'm not concerned with your existing operating hours. Um I would like to know if you would like them to be expanded. So, for example, perhaps on Friday from 6:00 to 9:00 and perhaps on Saturday and Sunday from 7 or 8:00 a.m. until 9:00 p.m. to give you the flexibility in the case that you ever choose to have a morning service. I I wouldn't want you all to have to come back and all this conditional that it works with the existing parking management plan so that the neighborhood isn't negatively impacted. Ramos. Excellent. See? Yes. If if I recom if I uh make a recommendation to expand the hours, are you okay with that?

Thank you. [laughter] No, thank you. That's a question for you because uh yes, but again my my recommendation would be with the condition that it works with the parking management plan to ensure that it is not negatively impacting parking in the neighborhood. Thank you. Are there any other comments or questions for the applicant? Go ahead, Vice Chair Bener. Uh go back to size of your congregation. How many people are there in your congregation? I'd like for my pastor, Pastor Adrian, to come and uh answer that question for you.

At the moment, there's just a few of us. Okay. 80 right now. Thank you. And I think the point I want to make is this whole issue of parking when you have that small of a congregation doesn't matter on it. So yeah. Okay. Also this question on design of the building. Okay. Are the Oh okay. Is the architect here to discuss it? An architect is here. Good. Apologies. I couldn't hear the number.

The number was 80. Yes. Regarding the design of the building. Yes. My question here. Um I I very much appreciate the design. I like your design. Thank you. Are the windows that will be facing right street are there going to be clear windows so people can see in and see out? So uh on right street we've uh designed the the windows of fenestration in such a way that it it doesn't provide you know uh continuous uh view into the building but rather the design of fenestration is such that it's uh it's a vertical element

uh space at intervals so that when you're traversing right street you get glimpse into the building. Good. So, they're not going to be frosted over. You're going to be able to get get light in as well as see in if necessary. Yes. I I think that's fine. Very good. Thank you. Thank you. Um Thank you. Um Commissioner Fam.

Yes. While you're here, uh I I notice and this might be just a preliminary um site plan. Uh were you required to install uh EV uh capable um parking stalls? We uh we didn't we were not requested at at that stage of the design back then to provide EV parking. But if the current code obviously, you know, requires provision, right, then we we could certainly do that.

Okay. Maybe it'll be a question. Uh uh we'll have a followup with Pedro just just so that you adequately plan for because most of your parking is offsite but if you are required to have um EV capable uh stalls then you might need to obviously we provide it on site. That's correct. Yeah. Um that's all for me. Thank you. Thank you.

Thank you Commissioner Fam. And I'll just know Commissioner Fam the Rove uh charging area station is like less than half a mile away. Are there any other questions or comments for the applicant from the commission at this time? Seeing that there are none, we can go ahead and move on to public comments. Recording secretary, have we received any written communication or is there a member of the public that would like to comment on this item? Chair, we have received a total of 15 emails in the form of public comments for this item before the 3:30 p.m. deadline, which has been distributed to the commission and posted online. If you are attending this meeting in person and would like to comment on this item, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on this item, please select the hand icon to indicate that you would like to speak. If you are calling in and would like to comment on this item, please dial 9 and then six to unmute yourself. I will wait a few seconds. Chair, we have 12 public speakers in house. Sorry, correction. It will be 13 public speakers in house. And we currently also have three speakers on Zoom. Thank you. Can we please have Ashley Pacheco come for provide their comment? It's fine. Or maybe the next one. You have three minutes.

Hello. Uh good evening dear chair Ramos and members of the commission. Uh my name is Ashley Pacheco and I'm a young member of Eiglesia Christristiana Rolus. I have been a part of the church uh actually for my entire life and it has uh had a profound positive impact. Um in the past um I did feel lost and uncertain but however as the years have passed I have become an active member of our worship team ministry and youth group. These experiences have not only helped me grow spiritually and emotionally but have also instilled in me a sense of purpose and community. Our church's mission is to provide a safe haven of hope and support to those in need. To continue this mission, we are seeking approval for the construction of a church building. This will provide a stable place for our home church. We would be grateful if you would consider our request uh to approve the construction permit. Your support would be instrumental in helping us fulfill our mission and to continue to make a positive difference in the lives of our cong uh congregation. Thank you for your attention.

Thank you. I'm going to go ahead and call the next three speakers so we can have people ready on inq. Uh Bernice Sagal, Deborah Pacco, and Nimi Sagal. Good evening, Chair Ramos and commission members. My name is Brena Sagal and I am a young resident of Santa Ana and a member of Eglesia Christristiana Rayod delus. This church has been a safe place for me guiding me to focus on my education and faith. It has kept me away from harmful influences and has surrounded me with people who encouraged me to grow with discipline and responsibility. I also serve in the music ministry where playing and singing for God has taught me dedication, teamwork and the joy of serving God. This ministry has given me purpose and helped me stay on the right path. For years, our congregation has moved from place to place. I respectfully ask for your support in approving our building permit so that we may finally have a stable home where young people like me can continue to thrive and serve. Thank you very much for your time and consideration.

Sorry. Good evening, Chair Ramos and members of the planning commission. My name is Deborah Pacheco. I live in Riverside and I commute to Sana to attend my home church since birth. As a member of my church, the youth group and the worship ministry have helped me with many adversities I faced in my life. Please help us by approving the permit so the church can continue helping youth like myself. Thank you sincerely. Good evening, Chair Ramos and members of the commission. My name is Nimsy Zagal and I'm a lifelong resident of Santa Ana. I have attended this church since birth and it has profoundly shaped my life and the lives of many others in our community. This place has always made been a safe haven, a place where young people can grow, learn, and be protected from the dangers that often surround us in the city. Without it, many of us would be vulnerable to negative influences. Within these walls, we find a place to pray, worship, and learn values that strengthen both our character and our community. Personally, I serve in the m music ministry every week. This role has helped me remain focused, disciplined, and centered while allowing me to use my talents to worship God. For as long as I can remember, our congregation has never had a permanent home. We have worked tirelessly for years fundraising and sacrificing with the hope of finally establishing a building of our own. I respectfully ask you to support in approving the construction permit for this project. This building is not just a structure. It represents stability, growth, and the continuation of a ministry that uplifts and protects countless lives in Santa Ana. Thank you for your time, consideration, and commitment to our community. God bless you.

Thank you. I'm going to call the next three. Damian, Sonia Gayardo, Mario Pacco. Good evening to Presidentos and the commissioners. My name is Ivan Garcia. I live in the city of Santana. I've been a member of the church for 24 years. To spread the word of God to the people that need it. Blessings for people that have opened their hearts to God. We ask for your support, a construction permit

and God will thank you. Thanks to all of you. God bless you all.

Oh, sure. Okay. Good evening, President Ramos, and to this commission. We're here to give testimony of what God has done uh in our lives. The purpose, the purpose of being here is to show uh the motive of to to obtain to get that permit. We're really excited now more than ever to get to where we've gotten. Okay. The reason of the excitement is that I got to the congregation like those young people that just came forward. Uh

being a young man that was quickly going down the wrong path in life. But thank goodness for the church that took took me on and let me be a member and a pastor. And we're hoping that you can grant us that permit because it's very important for us and the wish is always going to be to serve the community.

I'm going to tell you one thing. I don't live in the city of Santana, but I lived in Santana for many years. I know the uh problematic nature of the areas where I've lived and that's why we are wanting this permit to be able to help the u most v vulnerable. And in the same way I'm adding to that I'm also grateful and also to be participants because the Bible uh demands of us.

I want to say something um that the Bible tells us uh for every each one of you. The Bible says, the Bible says to pray for the uh princes, the kings, and the uh people that govern the earth

and all of those who represent government and we're praying for you. Thank you and may God bless you. I would like to make a quick comment. Just a little reminder, public speakers, if you can please state your name before providing your public comment. Good evening, President Ramos and all the members of the committee. My name is Sonia Gallardo.

My name is Sonia Gallardo. I've been living in the city of Santana for almost 30 uh 30 years. Uh to be exact, it's been 29 years. 10 months with 10 months. 10 months. [laughter]

For those years of living in Santana, I've been 28 congregating with Eglesia Christian. And thank God. I want to let you guys know that when I got there, I I had a broken family.

But thank God, the people that are serving as pastors since that time, the leaders had time to give us counseling. Not just counseling but an emotional restoration. I'm not only talking about the spiritual part which is very important

speaking spirit spiritually when um with healthy uh counseling when you have healthy counseling And you can also have an emotional transformation.

My three children were in the church since they were since they were very young. That allowed us to have a very different family growth. And first I thank the Lord

because I'm part of the leadership. And as part of that leadership, I want to extend my hand like it was extended to me when I got to that congregation. Due to that reason, I beg you from the bottom of my heart the decision to uh fulfill a dream A dream that we've had for years of having our own place to continue serving like we were served when we were in a time of need. I know you're talking about parking, but I want to let you know that sometimes uh you know, just doing the math, sometimes it's families of five in one single car. And there's also adult people that can't drive because of special conditions and they are brought to the church. I'm not copying what the pastor said. It's coming from my heart to say it.

It's up to God and you for uh that project is up to you guys and God. And lastly, I want to let you know if only one life is transformed. A whole community is transformed. A family is transformed. And that transformation impacts other people for the better. From the bottom of my heart. Thank you for listening to me and giving me this opportunity.

May God bless you and blessings. Thank you. I'm now going to call the next three. Pablo, Sion Gomez, Ruth Garcia. Okay.

Good afternoon members of the commission committee

and everyone that bless us with their presence. I've come to this place but because first of all I'm very thankful that God has changed my life in the first place. At the same time, I want to mention something that I've been working on um at the congregation that I go to.

I read in the year 2000 to this congre congregation. And no, I've I haven't had had the chance to work with kids. God has given me the wisdom to work with them because as you know it's not easy at all but it's a blessing because we know times are difficult But for X or Y reason, um God has given us the opportunity to work with these kids that for any for whatever reason have these needs. Uh the young ladies that were here earlier, I'm one I'm one of those teachers, I have um shared with them the love of God.

And as you guys know, as members of the commission and in general as um parents in general, we want our kids to grow with that love for each other. So with the current building um there's not a specific place that they can feel comfortable. it's cold, you know, it's not a ideal place for them. So, um we're just very happy that we're here trying uh to get what we need to get in order to provide for them what they want and what they need. [laughter] And again, sorry I didn't introduce myself at the beginning. My name is Pablo Kos. I currently live in Anaheim, but I grew up here in Sana.

Okay. Good evening. Um, Chair Romanos Ramos. Uh, I can't read that. I'm sorry. Uh, planning commission. My name is Zion Gomez, a young resident from Santana. Eglesia Christristiano Rio de Lus is a second home to me. I attended um the English youth Bible studies which helped me uh gain knowledge and values for my life. This place is where I feel accepted, supported and by other youth. Please support our church project. It would mean so much to me to have your support. We really need the permanent uh building for our church. Thank you for your time.

Thank you.

Hello. Good evening. My name is Ruth Garcia. Good evening, uh, Chair Ramos and the planning commission. I am a resident of Santa Ana where I've been raised my whole life. Ilesia Christristiana Rayo Deloo is my mother church. I spent my youth attending all church related activities that I could. I know for a fact that congregating at Rio Deloo has helped me tremendously. I don't know where I would be without the help of my mother church during my very difficult teen years. Being able to attend my church helped me make sound choices as a youth and I could not be more grateful. Now as a mother and wife, I have the privilege to see my own son participate in youth bible studies. It is my privilege to serve as a leader and a member of the of the church board at Rayo Deloo. But it is even a greater privilege to see the young people that I once knew as babies continue to grow up in our mother church. Some of them were here today asking for your support. the very same ones that now I have the privilege to lead lead and minister with. From generation to generation, IA Christian Ryolus has impacted many lives. Your support means we will no longer have to wonder where we will rent from year to year. as we have done since our church was established many years ago. Your support means the worship team will no longer assemble and take apart instruments for every service. Your [snorts] support means no more abrupt canceled services. Your support means the ushers don't have to carry the cleaning supplies in and out of their cars. Your support means a place for us to physically call home for our mother

church. Your support means that maybe youths just like me might have the opportunity to find what I found, peace and support that I very much needed. I appreciate your time and ask for your support by approving the permits so that we can finally build our church in the city where we have been established for many many years. Thank you. Thank you. I'm now going to call up the final four. Beatatric Mendoza, Quain Cruz, Sala, and Miranda Gomez. Good evening everyone. My name is Sal Seahham. I'm a resident. Um I live in the Portola Park neighborhood which is directly be uh to the north of the site. I will add that I'm also an architect in both California, New York, and Oregon. And I did read through all the documentation provided. Um I have to say this is a very rushed process. Notifications and it's been noted already by somebody else were sent out um if it was 10 days ago they weren't received until Wednesday evening. So that puts it in our hands the residents for three business days. This that is not enough time. As when I saw the letter on Friday and I reached out to my neighbors they were not aware of this. So I think this process is being rushed. Now the church itself, there was no option for am I neutral to it. I I I don't think I saw it, but I'm not against it. I just think this is being rushed. There's a lot of selective inconsistencies. And I think all of us are sort of feeling them. We can hear them, but we're just not identifying them correctly. Because although there's wonderful people here from the church and they're very lovely, there's also the story of the neighborhood and the

people that my neighbors that live behind the space all wonderful people as well. So today I'd like to speak for them. Right. So as an architect, the the floor plan and Pedro Gomez, I believe is your name, sir. Um there is a floor plan design that doesn't have fixed seating. So u vice chair Carl, Mr. Beninger, I think you've picked up on the fact that if there's 80 individuals in the church, why isn't there any fixed seating, right? So, the space is rather large. You can throw a 300, 400 people wedding in that space. Um, also, the parking agreement isn't figured out yet, right? And I read the parking the parking study very closely. Um, and I believe the the the the church has been advised to stick with seven and 9:00 p.m. hours because that is really the only time EDA works. There is no it doesn't look like there's other times that work because there if they have 30ome parking stalls on site, 20ome are underground and those are dedicated to staff. There's only 10 surface parking on site. So, if if you look at the floor plan, there's a conference space. There's a big open um um uh you know, center of the church. Uh I mean, I'm hearing weddings. I'm hearing conferences. I'm hearing Bible studies. All these things that are not going to happen from 7:00 to 9:00. They're going to happen throughout the day. They're going to happen throughout the week. And the impact is going to be on the residential neighborhood. Right. The other thing I'd like to note um and put into the record is I read through the entire memorandum and and you saw me come up here and get it last minute. It is actually more selective inconsistencies almost as if though it's been very selective because I myself submitted some comments that aren't on here. So what I'd like to propose again not against the church is we want the right church. We want the meaning them but with the right design. I'm not

saying not them. Um we want the right design. We want the right planning. We want to make sure that it works because there is no agreement for the parking study that says they have the right to use those parkings. It's all been sort of handwaving and handshakes according to what I've heard today. So you're at three minutes if you could wrap it up. Thank you. I've got 23 seconds according to the timer. Correct. Uh you're over. Oh, thank you. Thank you.

Um so I appreciate that. I just again, you know, the neighborhood welcomes them. I just really want us to have the right design for the church, the right planning because there are major concerns that the residential parking is going to be affected and I don't want them to come in and then have conflict down the road. That's not the right start to a church in the neighborhood. Right. So, thank you very much. Thank you.

Good evening, uh, Madame Chair, uh, planning commissioners. I'm very happy to be here. Uh, I am a former planning commissioner for the city of Sana. Very familiar with the city of Saint Anana. I appreciate the staff and the great work they did informing us business owners around the neighborhood, including the residents. Uh, I have a business at 1850 East 17th Street. Um, if you know the area, it's Cababrio Park and 17th Street. Uh, this is the church that I went to when I was a kid. And by the way, I know a lot of these members, a lot of them don't drive. My mom never learned how to drive. My father passed away in a car accident. She never wanted to drive. So, a lot of these church members do not drive to the church. Therefore, they're not going to park there. Uh, I want to ask for your support because, uh, you know, where I grew up, it's Mini Street. Mini Street is um, a very hard place to have lived if you look at the census. And according to the statistics, I should have been a drug addict, a gang member, or a prostitute. But I was neither one. Not I was none of that because the church and my faith and all the leaders that you you see here I know them since I was little. I started going to the church when I was 8 years old. So the church did a lot for me for my life. I graduated from UCLA. Uh I am currently in a law class um pursuing a going to pursue a law degree and um I just want to ask for your support because like I said the church did a lot for me and for my children. My children went to uh St. Joseph school. They went to Santiago Elementary and my youngest is now at Seagam High School. Um, and I'm just here to ask for your support because I think that, you know, while I'm not a member now, my mom is and my sister is. Um, I know that the church has done a lot of great things for the community. And I I think there were some comments, I'm not 100% sure, but saying that we do not need another Hispanic church. Well,

when have you heard us say we don't need another white church or Muslim church or English-sp speakaking church? That is not fair and that is discriminatory. So, uh, thank you again for all your hard work. I know that you have a lot of reading to do, a lot of homework as I served on the planning commission myself. And, uh, the previous speaker, I don't know how long he has lived here, but I I can tell you that a lot of these people have lived here for over 30 years. And me personally, I have lived here for 45 years. So, I ask for your support. Thank you so much. Thank you.

Hi. Um hello everyone. Um I guess um my speech is going to be the shortest. Uh my name is Hokin Cruz. 121 West Pine Street is my current uh location and the new homeowner at Washington Square. Uh my children attend uh elementary uh Santiago Elementary School. And uh I have known Rayo de Laoo for uh a little over 20 years, 22 years to be exact. And uh they've done many good things in our community and I'm a business owner uh here in Santana for about 30 years and 8 months now. And I'm here to support them. I want to support their project and I hope you support it as well. And um that's all I have to say. Thank you very much.

Thank you. is Miranda Gomez.

My name is Jolanda Gomez. Miranda Gomez. I converted in in 1980. and I've been working uh since we've gone through very difficult times. Sometimes we had to preach under trees. Sometimes people's houses

because we had nowhere to congregate. And God has really helped us push forward

so that we're here today. And that's why today we're asking for your support

and all the pastors are there together and for this place. We're aiming for that. praying for God's um children, praying for the authorities, uh hoping that God blesses you all.

So that's what I can say tonight. God bless you. Thank you. Thank you. That concludes our inerson public speakers recording secretary. Can we go to our on to our online speakers now? Thank you. Mike, if you can please unmute yourself, we're ready for your public comment.

Hello. Can you hear me? Yes, we can hear you.

Um, good evening, Chair Ramos and members of the planning commission. [clears throat] My name is Mike Tardiff. I'm writing as a longtime resident of this neighborhood uh 50 years to express my general support for the proposed new church. Um that site has been blighted since the previous structure was destroyed by fire and many years before [clears throat] that even it was in very bad shape, dilapidated. A new place of worship would be a welcome improvement to the area. While I support the project, I do have some concerns related to pedestrian safety and traffic operations that I respectfully ask the commission to address. Um, pedestrian safety and mark crosswalks to walk between the office building parking lot, which is on 18th Street. Um, [snorts] the church attendees will need to cross right street and possibly 18th Street. [snorts] I recommend that although I realize that crosswalks have been addressed, I heard it discussed earlier. I recommend that high visibility marked crosswalks with advanced yield markings and signage uh be installed on both streets at that intersection. These improvements would significantly enhance pedestrian safety for uh the church attendees and um and everyone else. Um then again, there there's a left turn when you're driving from southbound Ride Street to eastbound 17th Street when you're turning left from right onto eastbound 17th Street. Uh for

many years of driving this intersection, I can attest that this is a very difficult and potentially dangerous maneuver. Sight distance to the east is severely restricted by electric poles and trees while traffic on 17th Street routi routinely travels at a very high speed. Uh instant installation of traffic signals here would mitigate a serious collision risk for the church attendees, residents, and the charter school and church on the the other side of 17th Street on the south side of 17th Street. So, thank you for considering my comments. Um again, this is Mike Tardiff, neighborhood resident. Thank you. Thank you, Mike. Next online is going to be Nikki R. We're ready for you. Hi, my name's Nicole Ryan, uh, better known as Nikki, and I have been a resident of this neighborhood for 45 years. My parents own the house before me. I have I want to congratulate the church on all the work that they've done in the past, but I have major concerns. And one of them is the traffic on 17th, whether it's going east or west is constantly at a higher speed than the signal or than the signs allow. We already have a high school that was built, I would say, within the last five years. I might be a little bit off. It might be a little over five years on the corner. And we were told that those students would not be allowed to drive that they would follow all of the street traffic signs that were there. We ended up I know

several neighborhoods surrounding that area have ended up having to end in permit parking. The cops don't come and check it. Parking safety doesn't come and check it. We have kids from the high school parking on streets. We have parents speeding to the fact that next to the in between the high school and the church on the corner. They have had to add high cones with reflective matter because they're double parking and they are speeding down the lanes. We have I used to be able to play outside as a kid. I can't let my nieces or my children in the front yard due to traffic safety. And this is not just first thing in the morning. This is all day long. There are times that there are motorcycles speeding through at 900 pm. Um, and there's never a problem. There are not enough cops to go around and there are definitely never enough cops in in this particular neighborhood for this area. There have been several accidents because people are speeding down 17th. Also, like Mr. Terodive mentioned if you are going from north to south on right and you're crossing 17th for any reason you cannot see because of the telephone poles and the electricity poles that basically block your side of view to be able to pull out safely. It is the fact that we are now using signals and going out of our way to use signals a block to two blocks down because of the accident rates that are happening. Second thing, within the 1,00 ft radius on this map that you guys sent out that you notified, there is two churches across the street from this caddy corner from this parking. There is one church on the corner and then the other church that used to own the property is now a Jewish day school.

They operate on Sunday. We have traffic non-stop. It is to the fact that they now lock up their parking lots so that the high school students do not park there. There are multiple issues with this area and with what's going on. We have, like I said, the high school students shouldn't be parking. They're parking right outside the area. We have apartments that are now parking up and down the streets that are not permitted because they have nowhere to park. It has become so crowded and it's not safe. I agree that that area needs to have something done with it. We have several areas next to us that need to have something done with it like the old food for less lot. However, it is important that we have the right partner. We have had handshake deals with the high school that said that you guys approved saying, "Oh, we won't let our students ever park here." And yet we are still having problems this many years later because of a handshake deal. You know, longtime residents live around this area and more and more are moving out because of the congestion, because of the things that are going on in Santa Ana. And I do

Can you please uh wrap up your comment? You're nearly a minute over. Thank you. Sorry. I do understand that, but it feels like it's being pushed through and rushed through without thinking about what's within that 1,00 ft, let alone what's right outside that 1,00 ft, which is many churches. We count as seven and that's it. Thank you for your comment. As much as I can say our last speaker is Miss Amy C. Anderson. We are ready for you.

I doubt that you're ready for me, but thank you for your service, council people. Um, I know that you are underappreciated and I know that your work is important, but you didn't give enough notice to the people in the neighborhood. To this moment, I am told I was finally told in your meeting that there are supposedly only 80 members of the congregation. I still have no idea how many people can fit in that building. That makes a huge difference because that determines [clears throat] how many cars and how many people will be coming there. But the other thing is the times that that building is used is not limited to when they regularly schedule services. It's determined by how many times they rent out their um their building for a kinera, how many funerals, how many weddings they hold. Those all bring traffic in and out of the neighborhood. If you have had the misfortune of living in that neighborhood near and adjacent to Mirror Fundamental, you know that you cannot get in or out of that neighborhood when school drops off and when school lets out. And the first week of school, heaven help you because nobody knows what they're doing. No one knows the drill. And the problem with the church, if you have a lot of traffic through there, the regularly scheduled night events aren't really the problem. It's all of the churches. It's all, excuse me, it's all of the weddings. It's all of the funerals. It's all of the events that bring in a whole bunch of people that pack the space who have no idea where they're supposed to go, where they're not supposed to park, what they're not supposed to do. But I

at least one Thank you Lady Lady in the red coat for actually addressing the parking issue because she's really the only one of the church that's tried to address it. But I still don't know what the maximum capacity of this structure is. And I don't particularly care for churches, but I don't care if that church has developed into a lot. I just want to make sure they have enough parking and they're not going to ruin my neighborhood. So, so far I hear some people on the council being concerned about the parking and how it impacts the the residents and the people that live there. By the way, I did buy my house. I do own it. I have lived here for 24 years. Um, I've seen a few things. Um, but I don't see that anybody's really addressed it and I don't see that the proposed solution to what there clearly is a perking problem has actually been addressed and certainly it hasn't been addressed and put forward for the public to act actually review and comment on. My request is that this matter be continued at least until the next planning meeting and that adequate time and adequate information be provided to the public about the types of uses about the capacity of the building, the public's ability to actually review the alleged parking agreements that are supposed to be in place. It also gives time for me to reach out to my neighbors and their caregivers. I know at least two that have dementia that have caregivers. I have certainly they haven't had a chance to get their information through to the people that have power attorney and have the ability to speak on their behalf.

Um, hi. I'm sorry. You're nearly a minute over please wrap up your comment. Thank you. Yeah, my time's over. Thank you so much for my interruptions. It was very difficult to hear some of your speakers and some of the answers. recording secretary. Are there any additional individuals wishing to make public comment online? Chair, we do not have any more public speakers online and in person.

Thank you. Do we have any final questions for the applicant before I close the public hearing from the commission? Seeing none, the public hearing is now closed. We can now discuss the item uh or take a motion to approve this matter. Commissioner F.

Right. Um I think that Commissioner uh Leo's recommendation about the six-month assessment is uh very good to address at least speculation about uh parking um problems. But uh before that, I was hoping if um Pedro can outline what an assessment would um you know on a high level so that I know there's a lot of church members who are present and a lot of leadership that are present. So I want uh everyone to hear what the assessment on a high level would mean so that you understand what you will be uh agreeing to and being assessed of so that we we're all we are all in agreement about how we will conduct oursel if the project is approved.

Thank you commissioner. Thank you commissioner fam. And actually before I take additional question uh before we entertain additional discussion from the commission, I moved a little bit quickly and I did not give the applicant an opportunity to make any final comments uh or to respond to any thing raised during the public comment time. So you can do that now if you'd like. Okay. Can I girls do we need to reopen the public hearing? Yes, please. And that requires a formal vote. Yeah. Yes. Okay. Thank you. Would [clears throat] anybody like to move to open the public hearing to give the applicant the opportunity? I thank you, Commissioner Leo. We have a motion. Yeah, I'll make a motion reopen the public hearing for the applicant to answer questions.

Thank you. Do I have a second? I second. Thank you, Commissioner Leva. Secretary, can you please take a roll call vote? Commissioner Scamia, Commissioner Leo, I. Commissioner Oliva, I. Commissioner Fam, I. Commissioner Woo, I. Vice Chair Beninger I. Chair Ramos I. Motion approved to open the public hearing by majority vote with Commissioner Scamia absent. Thank you. And the public hearing was only reopen to give the applicant the opportunity uh that they're entitled to to make any final comments and respond to anything raised during public comments. Thank you.

Okay. We are grateful for the opportunity that you've given us and I've heard some comments. Okay. The um for the gentleman that was speaking about the worries about the agreements, we have the agreements with uh the places that are near us. I want to highlight to everyone and the people on Zoom um not to worry that there's not going to be a conflict because of the hours that we're going to be operating.

In another matter, special events are minimal. There shouldn't be any worry about that because it's a maximum of one or two special events a year agreements parenthood. Okay. And just to clear up the parking [snorts] lot agreements, we have a signed agreement with uh neighboring uh places including Planned Parenthood and the association that's uh to the side of us. In fact, the school that's in front of us is willing to uh support us uh with backup parking.

Um Ramos, I'm sorry. And those [clears throat] are my comments and I want to, you know, I'm sorry for being so nervous. I'm sorry. As [snorts] you know, uh sometimes uh weddings happen or funerals. We hope not, but and we want to serve our community with all of our passion. Does anybody have any questions?

Are there any comments or questions for the applicant before we close the public hearing? I see none. Thank you. Thank you. Okay, now the public hearing is closed. Uh we're going to go back to our commission discussion and we can also take a motion on the matter. Commissioner Leo. Yeah. Um I listen to some of the comments now. I'm sorry, Commissioner Leo. Commissioner Fam made a made a request from the from staff to explain um what the parking assessment would look like. So, if we could have staff answer that, I think that would be great. Thank you, Commissioner.

And thank you, um, Chair Ramos and and Commissioner Fem. I did not forget. I was ready to answer your question. Um, I did want to clarify just maybe one or two things.

Are you asking for a staff explanation of what that sixmonth review would look like and what specifically we're looking for? That's correct. because um you know if this project is approved and built it's a is a very big financial commitment uh and you I want the parishioners to understand that you're going to be agreeing to this assessment and if the assessment uh you know god forbid um the parking that was agreed to and the way you're operating isn't per what you've agreed to there are repercussions and and I want um Pedro to be able to explain what those repercussions are and how an assessment would would take place so that everyone is on board. Um thank you that clarifies the um the request. So assuming that the project were to get approved, gone through building plan check and permits issued, the requirement for the six-month uh assessment wouldn't start until the church has received occupancy. So um it's when the church has officially started the operations or having services having normal operations and the goal would be to ensure that the parking uh impacts parking uses are such as what was agreed upon not only on the conditional use permit variances but also the parking management plan. There's no set kind of way about it, but it could include um reviewing whether there's any calls of service um police wise, uh code enforcement wise. Um it could involve having u set parking studies at the beginning of when operations start, periodic ones throughout maybe the operations to ensure that the parking is being used

the way it was originally intended in the original parking study. Um, so there could be a number of ways for us to measure that those impacts aren't happening. Um after the conclusion of the 6 months, if there's any sort of considerations that the church is operating outside of what the original intentions were and the planning commission approve, then the planning uh planning staff would um have to provide a recommendation to either bring the conditional use permit back or um re-review by the planning commission um or look through any existing language in a municipal code about potential um you know worst case suspensions um super worst case provocations, which we hope that's not the case, but that's the likelihood of what could happen should operations continue past what um they were intended to.

Thank you, Virgil. Uh I I think um the the the important thing to note is that the C is being approved with the understanding that the church will respect the surrounding neighborhood per what has been indicated in the parking study and per what has been indicated in the parking management. And so we we would assume in good faith that that's being followed. the six months that Commissioner Leo suggests is a backs stop that would address the ne the neighbor's concern. Uh you know if if the church operates as intended and as um planned then you know according to the traffic study there wouldn't be any conflict and there and any speculation that there are unlawful events or large amount of gatherings would be unfound. But if during during or or at the six-month assessment there are issues with too many events that are not uh consistent with what has been agreed upon, then I I I think that um you you know the applicant would be violating the the CUP in my assessment.

Thank you, Commissioner Leo. Yeah. So, I have um several questions, some raised by comments, some raised by my own review and my comments talking to Commissioner Holiva. Um, tell me where the high school is because I heard numerous comments about a high school. I know there's a prep school K through 8. I know there's an elementary school. Tell me where there's a high school near this property. Thank you, Commissioner. It's likely referring to the Edinate Charter School just south of this project. Um, and let me So, it's on the other side of the street. Correct. On the other side of 17th Street. This is here.

So, uh, south of 17th Street at the intersection of Right and 17, but at the south uh, west corner. It's a what type of school again? As far as I know, it's a charter school. I think Ednavate Legacy. That's maybe the name. I might be getting it wrong. It's a high school.

No, no, no. It's not It's not a high school. It's a charter school and then that and there's a big difference between a high school with a track and a football team and 3,000 students. Go near a high school in Saint Ans. Um, second of all, and most importantly, most of the comments raised today by those who were concerned about the project are problems that the city council takes care of. We don't take care of parking. You, as a neighborhood, need to do a study. You need to go through the permit process if you want permit parking. There were some comments in here that I won't even respond to. I've lived in the city a long time. This is my year 13 on this commission. This is the first time I've had to address comments around whether or not our residents are doing the right thing or the wrong thing. Um, I'm okay with the six-month review. I think the uh neighbor that referenced possible crosswalks, that's up to public works. public works isn't here today. That's a decision they have to make before before the city council. This goes to the city council as a recommendation. City council can say yay or nay. This is in uh council member Lopez's ward. I believe she can address those issues. But as for this piece of property that we're dealing with, what else would you presume to be there? And in addition, this is the third or fourth time we've had complaints about notice. How we notice is we contact your neighborhood association. The neighbor association is supposed to send that out. If they did not, it's on your neighbors. It's not on the city. That's how it goes.

We have over 350,000 residents with multiple languages. How are we supposed to notify everybody within an area? Do you live within a thousand feet of the project? No. And as for traffic, we all live with traffic. I live by a high school. I have people that park in my neighborhood. It's how it goes. We live in the urban core. That's who we are. And this property has been blighted. As Mr. retardive said to stop a project and to allow it to continue to be blighted it would be dereliction of our duty as planning commissioners not to at least comprehend it and possibly approve it. So, I would like to make a motion tonight to adopt a resolution approving conditional use permit number 2025-26 as condition and a variance number 2025-02 condition with a six-month review for um parking and traffic. How's that give you broad enough leeway to deal with that? Um, and hopefully hopefully it works out because there are many projects we approved that sometimes they do and sometimes they don't. But at this point, that's what I got. That's my motion.

I'd like to second it, but I'd like to um uh clarify something. Does it also address uh what uh commissioner uh Ramos uh is concerned that uh should after six months of operation they need to change some of their hours and then there's some flexibility for them to do that with also the six months monitoring when they when they come back in they'll have to meet with city staff with about parking and traffic and hopefully hopefully nothing operation hours and then we'll have to figure out whether or not something has to be adjusted, it can always come back. That go ahead, Commissioner. So, I'd like to second the motion then. Uh, Sandy.

Thank you. Uh, we have a motion in a second. Uh, before that, Commissioner Lee, I would wanted to see if you're open to a friendly amendment. Uh, I'd like to propose that we expand our hours for Saturday and Sunday knowing that the parking lot across the street is available. Again, knowing that, uh, you're adding a six-month review. If the expanded hours are causing issues with parking, then at that point, they could be reduced. I accept the friendly amendment. Thank you. Uh, so I'd like to um expand those hours from 7:00 a.m. to 9:00 p.m. on Saturday and Sunday. I'll accept the amendment. Thank you. [clears throat] And I accept it, too.

Thank you. So, we have a motion with a friendly amendment for expanded hours along with a six-month review to review the parking management plan, traffic implications, anything else that may come up. Um, it's been left open for staff to add anything else. We have a second from Commissioner Woo. Recording Secretary, may you please take role. Commissioner Scamia, Commissioner Leo, I. Commissioner Oliva, I, Commissioner Fam, I, Commissioner Wu, I, Vice Chair Beninger, I, Chair Ramos, I.

Motion approved by majority vote with Commissioner Scamia absent. Thank you. And we're going to take a fivem minute recess.

Thank you so much. Thank you.

Thank you. Yeah, of course.

[laughter]

Have a good night. Have a good night. Come on, man.

[clears throat] [clears throat]

My record.

Are you going to see that night?

[snorts]

commissioners, if we can get ready to start. We're resuming. Thank you. We're resuming the meeting now. We're going to go to item three. This is the time and place for conditional use permit number 2025-03 and variance number 205-01 for [snorts] the property located at 2745 Westm Fatan Avenue and 101 South Furby Street located within the plan shopping center C4 zoning district. Before we begin, do any commissioners have anything they wish to disclose with regard to this item? Great. We have none. The case planner, Fernand Fernanda Arasnandez, will provide a brief presentation.

Thank you, chair. Good evening. I have for discussion tonight conditional use permit numbers 2025-03 2025 and 2025-27 and variance number 2025-01 at the properties located at 2745 West McFaten and 101 South Fairview Street in Ward 5. The request for approval of entitlements. The request is uh for approval of entitlements to facilitate the redevelopment of a shopping center including the construction of a new convenience store, service station and canopy and a multi-tenant commercial building. This will this proposal also includes a remodel of an existing commercial building and an existing restaurant. The entitlements would permit a noxious use, which is the service station, 24-hour operations for the convenience store and service station, and reduce setbacks. Staff is recommending to adopt a resolution approving both conditional use permits number 2025-03 and 2025-07 I'm sorry-27 and recommending approval to adopt a resolution approving variance number 2025-01. The properties are uh the properties have a general plan land use designation of general commercial and they're located within the plan shopping center or C4 zoning district. The the site is surrounded by multifamily residences to the north, east, and south. And to the uh south there's also another service station. And then there's uh single family residential homes to the south

and west. The resulting lot size for 2745 West McFaten Avenue will be 32,459 square ft or 0.74 acres and the resulting lot size for 101 South Fair Street will be 69,221 square ft or 1.59 acres. In 1969, the planning commission approved variance number 69-17 to allow the construction of an 11,043 ft commercial strip mall, a 20,148 restaurant, and a 1,71T donor shop at 101 South Fairview Street. In 1984, the planning commission approved variance number 84-01 to allow the construction of a new 2585 square foot convenience store at 25 2745 West McFaten Avenue. In 20 in October of 2022, the applicant filed a development project application. In 2022 and 2023, city council adopted ordinances requiring CUP approvals for noxious uses within 10,000 ft of sensitive land uses, which includes parks, schools, and residential areas. And in October 2025, the development project application that was initially submitted in 2022 was deemed complete and ready for entitlement process. Subsequently, the applicant filed the C and variance applications. The project site is an integrated shopping center comprised of two legal

lots, the 2745 West McFaten Avenue and 101 South Fairview Street. The applicant is proposing as part of the project to demolish an existing donor shop uh the Jack's Donut House and an existing convenience store that's the 7-Eleven. Um as part of the project they are proposing to revitalize an existing multi-tenant commercial building and the existing restaurant which is the Husky Boy. The applicant is also proposing to construct a new 2,200 foot multi-tenant commercial building and a 4,650T convenience store and a 3,136 ft service station canopy. As part of the project, they will also restripe the parking lot and provide a total and of 104 parking spaces. The side photos on the screen illustrate the existing commercial um strip mall that exists at 10001 South Fairview Street. Uh the the image on the top illustrates the front of the building and the image at the bottom illustrates the rear of the building. And in that image at the bottom you can also see the residential um properties multif family residential on the uh right. This slide illustrates the existing Husky Boy restaurant at the top and then at the bottom is the existing convenience store. This slide illustrates the overall site plan.

The color pink represents the existing buildings that will be remodeled. The green represents the new construction which includes the 2,200 foot multi-tenant commercial building, the 400 oh sorry 4,650T convenience store at the corner of Fair View and McFaten and a 3,136 foot service station canopy. Lastly, the blue represents the new proposed trash enclosures. This slide uh illustrates the enlarged site plan for 1001 South Fairby Street. Um same as the previous slide. The pink is the existing that will be remodeled. The green is the new uh retail building that's 2,200 square ft. And the blue is the new proposed trash enclosure. This slide uh represents the enlarged site plan for 2745 West McFaten Avenue. Uh this illustrates again the green is the new construction, blue is a trash enclosure, and the pink is the existing building. Uh you may notice that there's an air and water pump located in the parking space closest to McFaten which is on the right side of the screen. You may see number 15 there. Um when uh staff previously discussed with the applicant moving the pump to a parking spot closest to the drive aisle. Um, and that would be on the left side of this screen before uh the drive aisle before the trash enclosure.

Um, and uh so this was something that uh we will work with staff will work with the applicant to ensure that previous to submitting the plans to plan check. Um it's something that's addressed as part of the drawings. This slide illustrates uh the buildings at 10001 South Fairview Street. The uh the top um left and bottom left are the new building. This is the 2,200 foot building. Um the top is facing the parking lot and the bottom is facing Fairview Street. Those trelluses are meant to be landscaped. The images on the left uh are the new improved uh Husky Boy restaurant. Um the image at the top is facing Fettin Avenue and the image at the bottom is facing uh residential uses and the parking lot. This slide illustrates the uh remodeled uh commercial strip mall. Uh the rear would face the parking lot and the residential the multifamily residential building in the rear. Um and the top image is the proposed improvements that will be facing they face the parking lot but they also face um Fairview Street. This is the new proposed um 7-Eleven elevations. Uh the top um left corner is a new proposed uh frontage of the building that will be facing the parking lot. The uh image on the right top says facing south or McFaten Avenue that is that will be

placed at the corner. As part of the conditions, staff will also request that um new architectural um elements are added to ensure that uh there is a um windows or facade that shows uh that is more intricate than what it's shown on the screen. And then uh the image at the bottom left is facing west and Fairview Street. Those trelluses are also meant to be landscaped. And then at the bottom uh right, we have the new proposed service canopy. Uh as part of the project analysis, staff reviewed the CU for the noxious use. The proposed service station will enhance local amenities, create jobs, and support economic growth without significant adverse impacts on the community. Staff also prepare assessments, environmental assessments to ensure the proposed project wouldn't have any negative impacts on neighboring residents, visitors, and employees. Um the table on the screen shows the results of technical studies prepared. So, an air quality and greenhouse emission assessment was prepared and it established that uh no potential impacts exceeding regional and state thresholds. Uh would um it there would be none during construction and none during or after project completion. Same thing with the health risk assessment that was prepared. There were no potential impacts during construction and none found for after project completion and same for the noise and vibration impact assessment. Um there were no significant um

impacts that were found for during construction and after project completion. There was also we also did an our or staff also did an analysis on the after hours operations. The proposed 24-hour operations of the 7-Eleven convenience store or associate or and associated service station is consistent with other service stations and other 7-Elevens within the city. Um to further ensure comp uh compatibility with the surrounding area, there's also been a condition of approval that's been added to uh require the property owner to have on-site security from 7:00 p.m. to 6:00 a.m. This condition will help mitigate potential evening safety impacts to nearby residents while maintaining convenient service hours. The site location within an active commercial this site is located within an active commercial corridor and it further reduces the likelihood of earth effects on the surrounding community. Additional conditions have been incorporated to ensure ongoing compliance and proper maintenance of the property. These conditions are intended to promote long-term site upkeep, prevent code violations, and support the overall compatibility of the use within the surrounding area. For the variance analysis, the existing conditions of uh 101 South Fairview, they have a zero foot setback in proximity to residential. Um and it's been existing like that. Um the applicant coordinated with city staff to design a layout minimizing disruptions and ensuring safe vehicle circulation um including circulation for fuel truck access. Um some of the requested reductions is the landscape setback

reduced to zero feet to the north and east side that's adjacent to residential properties and a reduced 7 and 1 ft along Fair Street for the commercial building and then a reduced uh 5-ft uh setback along McFaten Avenue. The request for reduced landscape setbacks ensure safe vehicle circulation, parking compliance, and site functionality. Without these reductions, the site would require a major redesign, reducing the building size, uh creating circulation hazards and limiting parking spaces, and it would negatively affect the project's feasibility. The project was found consistent with the general plan. Uh the uh goal uh goal land use two, land use three that promote balancing land uses improving the neighborhood and economic prosperity element. goal one, two, and three, which support job creation, enhance the city economic diversity and promote a friend uh businessfriendly environment in accordance with the SQA and SQA guidelines. The project is exempt from further review pursuant to section 15303 or class 3. Class three exemption applies to new construction or conversion of small structures including commercial buildings not exceeding 10,000 square feet in urbanized areas. The project proposes to construct a total of 9,986 square ft of commercial buildings and structures for the proposed service station with an urbanized area. And as such, a notice of exemption environmental review number 2022-11

will be filed for the project. There is no fiscal impact associated with the project. With that, staff is recommending to adopt a resolution approving conditional use permit number 2025-03, 2025-27, and variance number 2025-01 as condition. And that concludes my presentation.

Thank you. Do any commissioners have any questions or comments for staff? Commissioner Woo. Um I just like uh a recap. Um the the existing um tenants area is just going to have a exterior faceelift. Right. That's correct.

Right. So Husky Boy is going to go down knock down so that you put in the gas station. Right. And it's going to be a 7-Eleven convenience store where the convenience store is. Right. The building that's being demolished is going to be the uh Jack's Donuts and uh the 7-Eleven, the existing 7-Eleven.

Okay. U my concern is that um if you look at the Nate, it's a blighted property. So, I'm glad something is going to be done. It's been blighted. Uh but the Chinese restaurant is gone already. And and is is the record store is going to stay there or is it the existing tenant going to stay there? Are they going to get new tenants? The applicant is here. So that that um question may be directed to the applicant.

Uh and if it's 7-Eleven, they're going to have uh are they asking for a liquor license? They have an existing uh when the 7-Eleven was first built, they or yeah, when it was first built, they had a land use certificate. So, it's a non-conforming U landing certificate.

You know, I'm hoping that um the the blightness will address it, but it's adjacent to some apartment buildings that is also blighted. and the relationship between that you know I I guess since it's already selling alcohol there they they need to deal with it. So uh is there any mitigation in term of lighting uh and and other features that um sometime at these convenience store you have people buying some malt liquor and then hang around and drinking it there.

Yeah. So, um, as part of the construction set, we'll ask the applicant to provide a lighting plan, but on top of the, uh, adequate lighting in compliance with city ordinance and, and you're requiring a security guard a for for the evening hours as one of the medication thing that I think addresses my concern, right? uh is the um the way the car goes in to get into the uh uh gasoline line, you know, pump and everything. Is that going to be safe enough uh in your study?

Yeah. So as part of the development project review, this was reviewed by staff and this is one of the best uh renditions that so driving in and you know parking air ging and leaving uh they're not going to have problem with pedestrian children walking by and stuff like that. Correct.

Okay. Um I guess that that answers some of my concern. I'm I'm I'm glad for the uh uh addressing the blight. I I do think it needs a facelift. I do think it does need a plan for economic development to bring more jobs and other things. So, I'm glad those elements are included in uh in in this uh project. U now I'm I'm hoping that also it will stimulate uh some improvement within the neighborhood nearby as well. Um so, um thank you. Thank you. Thank you, Commissioner Woo. Do we have any other questions for staff? Go ahead, Commissioner Fam.

Um, I think Commissioner W brought it up the on-site security. I know there was communication um either from the applicant or the applicant's representative saying saying that they were opposed to um having on-site security because it presents a um um burden, financial burden that wouldn't make the project feasible. Has that been ironed out between staff and the applicant? So the way that the uh staff is recommending approval is with the condition to include uh um a social a security on site. Uh but as part of the public process, the commission can take make the decision to um remove that condition or have a new condition to ensure security on site. And um for clarification, security would be for the entire complex itself, not just for the 7-Eleven.

That is the goal. Yeah.

Okay. Um I would recommend it. Uh I I drive past that area all the time. I I I think that um as it exists now, security would be beneficial. Uh um I also like the way you've worked with the applicant to push the new commercial building towards the street front just because as it exists now the buildings are being put being are so set back that it just becomes a hazard uh especially uh in terms of street frontage where people kind of don't know where to park and cars are just kind of idling. So, um, I would like to see more of projects similar to this where we're addressing, you know, these setbacks. If it requires a variance, then so be it. But being able to address that that street frontage with more modern buildings or at least more glass, so there it looks like there's eyes on the street uh rather than everything's all set back and not adequately lit. So I Yeah, I would like to compliment you on the site design. Yeah.

Thank you. Thank you, Vice Chair Benager. Would you point out where the bio swells will be in in this project? I'm sorry. Can you repeat the question? Would you point out where the bio swells are going to be in the pro project? Yes, of course. So, um, at the bottom of the photo, um, and let me see, let me know if you can see my cursor, but it's going to be this area here. this other area here next to the on either side of the new convenience store. So, it's going to be along the driveway on Fair View Street and then in the corner of Fair View and McFaten.

Could you point out where the gasoline fill spot will be where the wheel truck come in on load gasoline? Yes. Uh you can kind of see a depiction of it on this slide. Um maybe you can see some faint lines here. Um, this is the field truck circulation. Oh, sorry. Let me go back. Here we go. So, this is where the uh field truck will have will stop to reload.

Okay. Not to be a Debbie Downer, but if they have a gasoline spill, what's going to protect it from getting into the bio swells? Thank you commissioner for the question. So I think one of the commissioners is pointing out as well there's a considerable distance from that um refuel station in the bio swells and then also um anytime that um trucks are refueling a station like this. There's certain procedures that they have to follow to mitigate any potential spills and contain any spills to that immediate area. [clears throat] because in some areas they put a little ver burn around the area to help ensure it doesn't run in that direction so you have some chance to respond. Are we requiring any of that?

Those are not conditions of approval. However, my understanding is that those are just state laws. Okay. I don't know state laws. um had a concern earlier and was not stated here, but when we move the water and air filling station, are we going to more memorialize that in this permit in this uh CU so that the sidewalk does go all the way down to to the street? Yeah, the goal is that when the air and water pump is moved to uh the area closest to the driveway along Fair View, uh there will be better eyes on that.

Okay. So, that is going to be part of CPU approval. To clarify, um Commissioner that point that could always be added as a condition of approval if the commission Well, yeah, we may do that. Um, also what's the setback um off from of the uh back of the 7-Eleven store from Fair View? The sidewalk go right up to the back of it. It's a one foot setback once said one set of there. And what's that just dirt in between and one foot or what's material? I think it's uh concrete at this point because it's so small. U landscape wouldn't survive there.

I would I think that'd be smart. Okay. Um, and the design on the McFaden side, which you're your drawing does not show. Um, [clears throat] it right now what you're telling me is that you're going to try to have that look like fair view side of some lit windows or something makes it look like a storefront and not just a blank wall. Do we need to immoralize that in our approval? There is already a condition um I think it's condition number 10 of all resolutions that does require uh for architectural elements to be added.

Okay. Because actually avoid convenience store in that location makes good sense because you have two bus stops there. I just was concerned about access people getting to it and from it and also concerned that we don't have a blank wall facing two two of our major streets. Thank you. Thank you. Thank you, Vice Chair Beninger. Commissioner Oliva.

Yeah. I have a clarifying question. For the new construction, the new commercial buildings that'll be built, there'll be no pedestrian access to the 2,200 ft retail building from Fair View. Correct. Uh do you mean uh pedestrian access from like to access the store? No, I believe the entrance is uh facing the parking.

Okay. And then with the addition of these the convenience store and the retail store, are we reducing the number of parking spaces in this in this area or are we keeping the same parking spaces? Um they have 104 parking spaces available on site. Um the I believe on site they may have less today because they have uh the Jack's Donuts. Um and I think the 7-Eleven property it it just has like big driveways rather than a lot of parking. Um so they are required to have 109 parking spaces. Uh but they are within AB 2097 area. So, a variance is not required for parking. However, they're still providing 104. Thank you. And then for the for the husky boys are in the proposed um renderings, the play the play area is no longer there. Is that being removed with the revitalization of the restaurant? The plans don't show it. That is my assumption that it will be removed. However, the applicant is here um and if they do plan to demolish this, it'll be addressed as part of the plan check process.

Thank you. Thank you, Commissioner Shiva. Commissioner W,

do you have a landscape pallet for just like pieces of it? And and the reason I ask is I know the apartments to the north of the project have put up new flags, redone the facades. So, I wanted to make sure that we kind of continued that [clears throat] the beautifification of that. And I'm just wondering, I know we've the buildings are kind of close to the to the street and I'm wondering about the other piece. I mean, f first of all, whoever developed the strip mall is brilliant. There's so many people that live around it. They walk there, right? I mean, they've got built-in clientele. So, I'm just wondering about the the the landscape pallet and does it match and does it enhance what the apartment owners did just little north so that we can carry that down the Fair View because I know that um maintenance spends a lot of time on the BMS and the trees on that stretch of Fair View and and so I'm just want to make sure that it's consistent. you guys figure that out, but just want to make sure that it's consistent with all the work that that maintenance does and the trees in the middle of the road and burm to keep that up and tie it into the apartment. So, if you think that's enough, then so be it. But, uh, it's it's just a question um how that looks on that piece of Fairview. Um, because we know a couple things, right? We know we're not far from Centennial Park. We know that there's a crop of homeless that either spend the night in the park and then make their way slowly up Fair View. I'm just I I just want to make sure that it looks appropriate. I know we don't have the pictures of the apartment complex that's to the north of that,

but if you can figure out how to tie it in, I'll leave it up to you guys and leave it up to the council, but that we just carry that all the way up from Fair View as far up as we can because it is block wall all the way down even as we get up to um can't even think of the cross street, but I mean it's all the way up to first street basically. So, it just make sure that the landscape pallet matches whatever the apartments so that it kind of flows, I think. But I agree with Commissioner Woo. Great upgrade to the to the to the property and I um I have some other comments when the applicant comes up.

Thank you. Thank you. I have uh one question for staff and I had mentioned it uh in conversation with staff before as well, but the husky boy has these two iconic figures uh that face McFaten Street. Um and I was wondering if the applicant decided to keep them and use them in any way, is that something that they're allowed to do? Uh and are there is there anything that they need to be made aware of? and if there was their desire to do that and I got a thumbs up so it might be um they [clears throat] they don't have uh building permits but if wanted to keep them it could be added it wouldn't be a sign it would be an architectural element if they wanted to keep them um and it can be addressed as part of the building uh plan set if they wanted to keep them.

Thank you. Did you want to add Um, no. Exactly how associate planner Arius mentioned. If there is a willingness by the applicant to keep this, we can look at it um as something slightly different than a sign because that type of sign, a mimedic sign like that is not allowed in the code currently. And we would treat it almost like a public art piece similar to what you see um if you've visited the diner on South Bristol within black bear diner with the um bears out front. As long as the me the the I don't even know how to describe it. The Mickey Mouse looking figures don't have any signage on them.

Thank you. Well, thank you staff. I'm glad that the iconic figures can remain if the applicant desires to keep them. Uh, do I have any other questions from the commission for staff? No. How about how about a big cowboy Texan? You know, howdy. Thank you, Commissioner. [laughter] I do have a question. You you know the photo of the existing building, but it's shot from from the long way. Can we take a look at that? Yeah, that that one on the bottom there. Uh, so that's all shrub on on on the right, right? Mhm.

And uh is that just for trash can? Oh, I I see some striping. So that's a parking area too, right? Yeah, that is existing parking area that will be uh restriped. And they also uh will have a new trash enclosure in the rear. Okay. um in landscape planters and and there's no doors there, you know, for people to park and go into the businesses. So, is it really used or it it's more like a a alley now, right? I think it's more for employees. Um I think at the time that I went uh to take these photos, the pizza place wasn't opened yet,

so it wasn't as much traffic necessarily. Uh, but I think once all the units are occupied, this could serve as employee parking and and there's going to be lighting back there. Okay. Uh, yeah. Cuz that that kind of concerns me a little for for uh, you know, other uses other than what we want to use it for. So, uh, Okay. Thank you. Thank you, Commissioner. Woo. Vice Chair Beninger, did you have additional uh questions for staff?

Okay, thank you. Great. Seeing that there are none, the public hearing is now open. Would the applicant like to speak on the matter? Hello, dear planning commission, city staff. Thank you so much for your time and reviewing our property here. I know this has been a couple of years in the making and we really appreciate this opportunity to stand before you today to present it. Just a little bit about us. Um, we are a family business. The property is owned by two LLC's, 5G LLC and Mapokos LLC. 5G LLC is owned by my parents. And the reason it's called 5G LLC is because it's my parents and they have three children. That's me, my brother Elon, and we have another brother Josh. And Mapokus LLC is owned by me and my husband. The reason why we called it Mapokus LLC is because there is a famous group brotherhood of lions actually that live in Africa and they are known as the as the Makovkas. They are four brothers and they were very strong and they were able to conquer a lot of land. But it happened that one of those lions actually broke away from the other three. And when that line broke away, they were not successful anymore and other tribes of lions were able to conquer. So we in our family, we have four boys and we and this is a lesson we tell our boys that you're the strongest when you're together. When you're able to come, you know, to be have that brotherhood together, you're the strongest. Since we've purchased this property, we also have a little girl. And so she's definitely following along with her brothers and we we purchased this property again between us and my parents. So we are the owners. When we saw this property, we saw it for its many strong qualities. Number one, we saw it as a community center where a lot of people would come and know a lot of

their daily goods they can purchase there and restaurants and laundry and the laundromat and um the the Metro PCS. Um our plans when we bought the the property was to align with our strong partnership we have with 7-Eleven. We are now currently building several 7-Eleven sites and our plan was to expand well to de demolish that 7-Eleven on the corn acquire the 7-Eleven on on the corner demolish it with the Jack Donuts again to build what Fernanda explains so well and if I could just tell you a little bit about 7-Eleven which we actually we have a representative of 7-Eleven here she can tell you better is that 7-Eleven really highlights himself and building quality stores with really beautiful architecture. Right now, we're building several and I can tell you we're in for the finishing stages and they're coming to us with very, very detailed comments. And actually, I've had one of the head of operations come and tell me, "We're not taking this door until it's perfect." So, I really want to tell you that 7-Eleven is really priding themselves and taking care of the nitty-gritty details, giving my superintendent a headache, but that they're really set out to making something that's a real service to the community and bringing a lot of and with this larger footprint, they're able to also bring a lot of, you know, the daily goods that you don't see in smaller stores. Um, fresh food and 7-Eleven rep can speak more about it when she comes up. Um, and regarding the shopping center, that was really our goal when we purchased the shopping center to to, you know, to spruce it up to make to give it that facelift to make it something that the city of Santana can be proud of. It's been bladed for many years now and we purchased it in that bladed state. So, that was really our goal when we purchased it and we're so happy to have this opportunity to stand before you today to make that happen. Um I heard

several comments and I'm going to try to address them. Um I heard about one question was about the existing tenants. They're all going to stay. Actually the um Metro PCS um the Mikokana which is a market and the pizzeria are all owned by the same owner and um he obviously is has a very thriving business. We're very happy for him. And the other two businesses are also well other three businesses are also doing very well and they're all they all have they actually ever since we purchased the property were able to sign longerterm leases with them. So everyone is is in it for the long haul with us and we're happy to have that partnership with them. Um I heard some security concerns and that's really been a problem for us. While um our our property is not is definitely not the cause of homelessness. We I I think it's become one of the symptoms to a greater problem and we're so happy to partner with you in ways that we can address that and mitigate those problems. some ways that we've already tried to incorporate to mitigate those problems is we've um we put up recently actually um a security camera system that's monitored 24 hours by um by a company which uh and basically when someone transients come by or people are lording on the property that company um connects with local police and brings them over asks the police to come over to take care of the issue. The cameras are also have dual speakers. So, um if there is someone, you know, on the property and lording, uh the camera will speak out and say, "Hey, you need to get away and turn on turn on an alarm or um something like that to help divert the um the person who is lording on the

property." Uh we've also we've dabbled with um using a security guard. uh it is has become a very big financial strain especially because security guards what they what it would be would fall under Kim which is a common area maintenance would be which we passed on to our tenants and so and as much as the tenants want you know to have a um a center that is safe that's something that they've really voiced concern with having that full-time security guard. So we've we've used it especially when we've some seen that you know in some seasons it gets better or worse. So we we do have a um a relationship with a security company that comes out when we feel like we def we need it more. Um and but we ask that that not be a condition just because it is it's definitely difficult for our tenants to to um you know to carry that burden. Uh, I think I Oh, I think there was a question on lighting. Um, one thing that we were doing actually with the 7-Eleven we're building in Anaheim on the corner of Ball and Sunist was that that 7-Eleven also is adjacent to neighbors. And something that the neighbors have asked was that we use lighting that is not as bright. And so that's something we've incorporated in that shopping center that the lighting isn't bright. And we're definitely happy to create a phototric plan with you to make sure that we're not bothering those residents that are next to us. I think I answered everything, but in case there's anything more, please let me know. And uh my brother can also speak and also Darlene from 7-Eleven can help fill in any questions you have that are specifically 7-Eleven related.

Thank you. Do we have any questions for the applicant? Vice Chair Beninger? Um I worked in the chemical industry. We used the U monitoring cameras found them very successful. Um and in fact I was just talking to some people in today planning about that um because the fact that you have person there they could lose attention whereas the monitors are always on and they're always being monitored and they can respond back. There's a couple things on the project at this point I feel uncomfortable about on it. So, I'm going to propose something and see if it flies. But, do you need a 30-day extension or delay in which to uh work out with this security situation? I would like to see back a drawing of what that wall is going to look like that you promised to work on. And I'd like to see drawing showing the sidewalk all the way to McFaden. So, would you be open to a 30-day delay? Um, we definitely I mean we want to work with you of course and want to make sure that the planning commission is happy with whatever we propose. We we hope that we there wouldn't be a delay only because the shopping center is is a dilapitated old shopping center and we're eager to to get something done here. Um, code enforcement has reached out to us many times to ask us to, you know, to develop the the existing building. And so I I know that code enforcement would be against it. Um definitely on our end, we we want to push this as forward as fast as possible. But of course, if that's what the planning commission decides, we're we're definitely willing to comply, but we ask that that not be a condition.

Okay. I will be asking that to staff when my turn comes and also my fellow commissioners up here because I think we have a lot of qu I have a lot of question marks still sitting that we're not seeing the final results yet of what's there on it. Um yeah it's kind of this is more my own knowledge um and I think you kind of answered it. 7-Eleven are you a franchise franchisee of them or they they own the business? What's how's that work? Um they own it. So they are they're leasing it from us. It would be a yeah a built to suit lease. Do you provide a building to them? Yes. That's just personalized nothing to Okay. Um I have my question. Thank you.

Thank you, Vice Chair Beninger. Commissioner Woo, are you um going to stripe the parking lot so it be a little more organized? Yes, definitely. Our plan is to re- slurry, re restripe. So, it's going to be, you know, it's going to be very updated parking lot.

And I didn't want to uh leave you with the impression I think you are the cause of our social problem. We just have a social problem in our community that we're trying to deal with. But it takes a whole community. And by uh you reinvesting in your property, it sets a tone. And that's what I was trying to address is by setting the tone, you're saying this is the property. We want you to be proud of it. and we want the community to to be part of the village and take care of it, you know, and and that's what I meant by uh the mitigation. Um if if it's understood that when you get your variances and thing that you will be doing that, I I don't think we need to make that as a part of the condition. Um and that's where I was kind of going with with the uh two thing. Now, regarding 7-Eleven, you think they might have a 7-Eleven that's sort of like in other countries like in Korea and Japan where they kind of serve those those ethnic foods there. Uh but but then the community is is of a different culture. You might have more food that kind of addresses the the taste of of the community there uh as well. You know, I was just wondering if 7-Eleven was going to do that.

That's a great question. Anyway, Jimmy's not going to crack corn in our neighborhood. [laughter] Yeah, I I can let um Darlene answer that question. I think she would better be able to answer on behalf of 7-Eleven.

So, first, uh thank you for having me, Darlene Reeves, to 7-Eleven. Um, I have a brother who's a teacher at Heritage Vista in Santana and two friends that own a State Farm agency and another medical business here. So, I'm a big fan of Santana. Even though I live in Long Beach, I'm down here a lot. Um, I would like to say that as far as uh the store itself, we practice what's called retailers initiative. So, that means we bring into the store what the community needs. So, whatever kind of foods or products or whatever that may be, then we will bring that in. But we are trying to implement some other um flares of products that um do um bring in things from our our mother company that's in Japan. So two stoners hang out in front be able to handle them too. Right.

What was that? I'm so sorry. No, [laughter] we could talk after though. Right. Thank you, Commissioner Woo. Commissioner Fam.

Yeah. I um I want to go back to the security point. Um, you know, we we have properties in the city where I know there are active security uh personnel uh on staff and there are still issues with um homelessness. So, I'm have a hard time, you know, um thinking that without the security guard presence and with just the technology that that you've mentioned that you're able to uh keep the site in in check. Um would you share with us with what you currently have on site? Uh has the call for service from PD lessened or has it maintained or has there been the same amount of incidents?

So as I mentioned we we go back and forth with the security company we work with. Sometimes we have daily security and sometimes we don't have security. just depending on, you know, what the what the community is feeling, what the what the tenants are feeling, they they they're very good about telling me and I'm very very fast to respond. Again, I'm very sensitive to the fact that it costs a lot of money for them. And so if it happens that you know we feel like the site has been secure enough so that the um the camera system can adequately um address the issue then we then we wean off the security hours and we have fewer hours a day. Right now we we have overnight security um only because um we have um what we did was we put up cages in the back of the property to protect the the electrical panels and what and what happened is they learned to climb up those cages and go onto the roof. And so now we have security to prevent that issue. and we're working with our um with our designer to find try to find a way to make sure that they don't do that. So once we have a plan in place, we'll cut back those down those hours again. Right now we have both um both the um you know on-site security and as well as the cameras. So right now our our property is secure, but again we're working on ways to you know to make those hours less just to help our tenants.

Yeah. My my main concern is that uh as you've noticed, there's quite a bit of multif family surrounding your your property, which makes it uh the I assume a reason why it's such a great um shopping center. My concern is that the way the site is developed, especially with the new parcel at the corner and you have what looks like outdoor seating and quite a bit of uh open space, uh we've seen if you go up uh Bristol towards SOS Plaza, there's quite a bit of landscaping that is large enough to congregate but but there's no active security. And so whether we like it or not, there there are activities on that green space that is not pleasant for anyone, especially children walking to school. Uh and so and then you know children's would the children would love to stop by 7-Eleven. So my my my main concern and the reason why I would advocate for on-site security is that it's not just a protection of your own property but the community members that pass through that you service and especially with such a large green space that you have uh fronting McFaten I believe not McFaden

Fair View Fair View uh I think it it's uh is a worthy investment uh but your discretion

if I can just speak to something that you said. You mentioned how there is a lot of open space currently in our parking lot and that really comes from the fact that we are overparked right now and so our proposed development would include well of course that larger 7-Eleven footprint with the gas and it also includes building that another shop space right in front of Fair View. So, we're going to have fewer parking which really will will adequately service the shopping center and I think that will also greatly help in less than you know the loitering that we're having now. It's just because there is all that open space. That's all for me. Thank you. Yeah.

Thank you, Commissioner Fam. Commissioner Leo. Um just a question. Um

actually for 7-Eleven cuz you get to stay open longer. I know you have stores in really rough neighborhoods. This is not a very rough neighborhood. There's loitering. [snorts] There's homeless, but it's not a rough neighborhood like downtown Los Angeles, some other stuff. How do you handle it? Great question and I'm glad you brought that up because I working in real estate we see stores all over and Fairview McFaten is not what we see consider bad you know so um the stores operator right now he's a franchisee he does really well um a really good job at u mitigating any security issues um when we have new builds one of the things we can do regarding landscape is do like a a desert type landscape so it's not as uh comfortable for people to come in and lie down and do whatever they're going to do, you know, um and it kind of prevents people from um um doing, you know, taking naps or whatever, you know, and um being comfortable. And another thing that we do is we play loud music. A lot of times it's classical music outside the store and that um deters people from staying around and loitering and um and then we have our own DVR and security systems within within the store. And we have stores that are in rougher neighborhoods and they don't have security overnight or at all. Um, and we just have good franchises that do the right thing um, with the community and um, they don't have issues

because I think that I think you're sensing from us that we we all want the the shopping center to be revitalized. Yes. And we're struggling with the security issue knowing that Centennial Park's not far. Mhm. There's homeless asleep in the car wash that's just off the street. And but we could all learn from 7-Eleven because you guys opened up in some I've seen some downtown Los Angeles like I'm how how do they even keep the homeless out of there, right?

Which is a which are real questions. And so I'm comfortable with the where we're at now when it comes to security. And I think that the city council is going to make the call on exactly what what type of security you're going to need. But we we can learn from people who deal with it all the time. And you guys deal with it all the time. And it's not just LA. It could be Stockton. It could be Oakland. It could be San Francisco. You deal with it. So I think we can learn from that. And if you're going to put up cameras and you're going to and we can use some of the methods that you've learned, it it may work. And I and I understand why staff recommended security guard because that is a natural default position,

right? And if you have our a plan that we could provide you, it would be not only the landscaping, that's a big buffer. Um the type of landscaping that you use, but the phototric plan that we would use that um has we do studies and we have lighting in the right places. Um you know, and um it wouldn't be an hindrance to the residential neighborhoods around, but the lighting would be brightest in the places that they need to be bright at. Um so that and then the music and then just having a really good operator that's in the store currently today. So, thank you. That's my only question. Commissioner, thank you, Commissioner Leo. Commissioner Leo, do you have any comments? Vice Chair Bener.

Uh, I'm being told opera does a good job keeping homeless away. Have you heard that? What was opera? I heard opera. Oh, that's exactly opera in classical. [laughter] Exactly. Not not music from the 60s. Good. All right. Um,

country western going back to security and what you experienced at 7-Eleven. My experience with the remotely monitored cameras that monitored 20 Well, in this case, it was from 5:00 at night till 6:00 a.m. in the morning. They work so much better than actually having a person there because a person can't get everywhere. uh you can have cameras in a lot more locations and a lot cheaper. Has that been your experience also?

We actually have a newer store in Lynwood that um has those periodically and just having them I don't know how often they they're there but um once a quarter, twice a quarter, but they're there, they go away, they are there, they go away and that has deterred a lot of um um people trying to do bad things because it was costing us just under $1,000 a month. Mhm. Far cheaper than hiring a person, right? You have 360 view 360 view and they're monitored. So, yeah, it's cheaper. Yes. And I actually could turn on my cell phone. Yeah. And see what the cameras was. So, they sent me alert. I quickly check and see what the concern was. Exactly.

And we had a lot of people breaking in trying to steal confer trying to uh do all that stuff because we had shut the operation down. I was emptying out the all the process and reactors and it was amazing if what had good that that did compared to having a person there. Mhm. Okay. Thank you. Thank you. Uh I have one question and it was a question I made of staff earlier but better direct at the applicant. Is there any desire to keep the iconic figures outside the husky boy? Oh yes, absolutely. Okay. Both of them. Yes. Okay. Absolutely. Sorry, I forgot to address that one. No, that's okay. Thank you. Are there any uh last comments or questions for the applicant at this time from the commission?

Great. Seeing none, we're going to move on to public comments. Recording secretary. Have we received any written communication or is there a member of the public that would like to comment on this item?

Chair, we have received one email in the form of public comments for this item before the n the 3:30 p.m. deadline which has been distributed to the commission and posted online. If you are attending this meeting in person and would like to comment on this item, please fill out a request to speak form and turn it in into the secretary. If you are participating via Zoom and would like to comment on this item, please select the hand icon to indicate that you would like to speak. If you are calling in and would like to comment on this item, please dial nine and then six to unmute yourself. I will wait a few seconds. Chair, we don't have any public speakers. Thank you. Are there any final comments or questions before I close the public hearing? Uh, sorry. Would the applicant like to approach us?

Yes. All right. I have a I have a light sensitivity, so I need my sunglasses, but for the respect, I'm just going to take them off camera. Oh, you can put them on if you'd like.

Is that okay? Sorry, I really can't see without it. Um, my name is Elon Golce. I am sister brother of Shira Zagi over here. Uh, just like Shira has five children. Since purchasing this site and promptly going for the entitlements, I've had two children of my own. So, just to share with you how long this process has taken. Uh it's been a long process, but we've been working very well with Fernanda uh and the whole entire planning staff has been um excellent and working very well for the city to uh and the neighborhood to get a a project that is longlasting that will better suit the entire neighborhood. not just for today 10 years but 50 years is what Ali Peshkpor was was kept on re reiterating to which uh I learned a lot throughout the process and I really appreciate everything that Fernanda and Ali and the entire team has shared with us. So we actually were scheduled for planning commission in March of this year and that got pushed to today. Uh that site plan looked one way and it looks nothing like the site plan that's being proposed here today. And uh I actually um there's been there's been a lot of changes in in that site plan that have increased our construction cost for this proposed development. Um, it's definitely been a hard sell to 7-Eleven and Darlene and I along with many other Darleneas with real estate both operations, network planning, it's been a tough process to get to this point because with a bigger building which is about 1,700 ft² larger along with a much more expensive building with more glass, the landscape trellis along the along the wall, the tower, just the overall siding on the building. This is a significantly beyond significantly more expensive building that we are providing. So we just wanted to work the

everything. We really wanted to make this project work. We we purchased the shopping center in the rear in order to first of all work on that shopping center as well as work with 7-Eleven as we have. Um but this project is really getting to a point where it's basically at break even with the 7-Eleven. So, I just really wanted to talk about adding the security would really not make this project work. We've been trying to do everything possible because with this change of putting the building where it is now, although it makes the site a lot better, it reduces the amount that 7-Eleven can contribute. So, by making the building bigger, making it more beautiful and glamorous, we love it. 7-Eleven's actually going to be using this as a poster for uh hopefully if we can build it. They're going to be using this as a poster for their other stores to say that this is their most glamorous location because of of all these uh improvements the building. And I want you to know that we're also building other buildings and uh and I've seen other 7-Elevens on the market and they do not look anything like this. So, we want to deliver this building. It's a very expensive building. Um but in doing so adding the security as we spoke to the franchisee um it's absolutely going to crush and it's it's really not going to work. So there's the financial aspect of it that has to work in order for a project like this to come to fruition which is it's it's obviously important and more important I understand is the the community that they need something that is going to be safe 100%. So a lot of the issues that have occurred with 7-Eleven is loitering. So having a security guard there would in in my opinion along with Darlene and 7-Eleven and what they've seen. Um, Commissioner Leo, you've actually mentioned I I really appreciate your approach as well to understand what 7-Eleven has done in the past to see what has worked and what

hasn't worked and try to implement what what has been done in experience and try to promote that in new locations. So, um, Dar Darlene spoke so nicely about the classical music. I've actually seen several 7-Elevens that when they have the classical music, it's completely clear. I don't know what it is. I love classical music. I listen to it when I shower. When I do my long drives to construction sites, I listen to classical music. For one reason or another, homeless people absolutely hate it. So, having a security guard there, they're not going to be able to continuously force them to leave. I've spoken to homeless people left and right, and I've tried to get them away from our construction projects. And what do they do? They challenge me. They say, "Okay, do what you want to do. Okay, call the police." Because at the end of the day, I can't physically remove them. security cannot physically remove them. So this cost while I understand that it seems as it would be helpful. I totally understand that the issue is the loitering and the security guard cannot do anything about that. So as Darlene mentioned the music is huge, lighting is huge. We can add as much lighting as possible. This site sits very this building sits very far from the multif family though the the the property's touch from the door of the 7-Eleven until the until the end of our property to which there's also uh another building the Husky Boys building along with uh landscaping that that is in between the multif family is about 100 ft or so from maybe no more it's about it's about 100 feet give or take. So that lighting as we've done in other sites, we can shield it so that there's an extreme amount of lighting on site but not an ounce of light goes off site to which we've already pro uh we've already created the phototric plan for the entitlement. So um as we have that we can work on that in the construction

drawing cycle to make the lighting stronger if that's a preference. Um, so I would I would just advocate for the idea to make this project actually come to fruition to add more music, add more lighting, and do other things that 7-Eleven has done so well, including the landscaping and other things like that. and if we really truly want to have a project, we've worked on this for four years and when this condition came about, um I was not really so happy because I understand, you know, the needs, but I know that this is a project killing condition. I know that for a fact. They've already squeezed 111 for as much as they could pay. The building is as big and glamorous as possible and it comes to a certain point where it just doesn't pencil anymore. So, I understand where the city is coming from. I truly do. I have kids of my own and I want them to be safe. I have a 1 and a halfyear-old daughter and a three and a half-year-old son that didn't get to hang out with me tonight. But, um, again, I appreciate everyone's time. Uh, and then a couple comments that I actually wanted to respond to. There was a Chinese restaurant uh, planning commissioner Woo that you mentioned long time ago. So, when we purchased uh, I don't remember seeing them. They were not there. Uh, if you know their contact, we'd love to bring them back. we are building. If you can uh bring up that.

Sorry, what is that?

Right. So, as we as we quote unquote demolish the um the Jack's Donut House, we do not intend to get rid of them as a tenant, not even the slightest. Uh we intend on keeping all new tenants. Actually, some some larger commercial tenants actually reach out to us um in regards to the to the shopping space to the to the right. That's actually a pizzeria that just uh to the shops right there. A pizzeria just opened there about a month and a half ago and there was about three uh 3500 foot of vacancy and we actually had some shop space interest from uh credit national tenants. But as my father is an immigrant um I'm not an immigrant. I was born here but I understand what it takes to grow a business. So that gentleman is actually renting a few other locations here. So before we even considered the credit national tenant, we worked on having him in that unit. And we're very happy to say that he's this is his third store now over here. To which we are not looking to get rid of the Jack's donut, not even the slightest. We're actually looking to improve his space by his space not having too much visibility hiding behind the 7-Eleven. Now, he's going to be having one of those spaces right there along with a beautiful patio, fireplace, something which he has zero seating as of today. So, um, as we look to add, uh, we're we still have one, uh, space for a vacancy, and we've had some interest, but we haven't really looked too deep into it. I'd love to bring back that Chinese restaurant. If you do have their contact, I'd love to reach out to them. Deported. I'm so sorry. Yeah, that's that's very tough. Yeah, I actually I actually hate that. Um there's a lot of the ICE going on. I heard that some people were actually deported from here on like from you know, but anyways, that's another topic, but appreciate everyone's time. That that's my comments.

Thank you. No other comments or questions from the commission. Correct. Great. Seeing none, uh the public hearing is now closed. It's now time for commission discussion. Uh we can take a motion to approve the matter as well. I would like to make a motion. I'm hearing a lot of on clarity on this project. Uh I'm going to again make my motion for a 30-day continuance allows them to work out whether uh with a a monitoring company which come may be a cheaper proposal and solve yours. I would ask for 7-Eleven's help with that especially looking at the lighting. I'd like to see come back and see the project that is proposed with the lighting. with the U remote monitoring with the drawing of along McFaden as we'll finally see it rather than just we're going to work on this and the driveway and I would like to say take a look about spill containment if that gasoline spilled because that goes into the bio system is going to go right into the water table further disaster. So we needed to be thinking about that and my experience um again chemical experience it was our responsibility to make sure that didn't happen not the states or city they looked to us to make sure we had grading we had drains whatever we had on it so that's my proposal I don't know if I have a second or not

if I may u before the the commission discusses the proposal um related to the 30-day continuation Due to city hall closing for the holiday closure, the earliest we'd be able to come back if the decision decide if the commission decided to continue this item for 30 days or more would be January 26. So in the commission's consideration of this proposal, I just asked that be continued to a date certain and then the soonest date would be January 26 of next year. I think we we we could pass and and and have staff monitor it like you always do to make sure some of these things will be taken care of. Um we already brought it to your attention and uh that'll be part of the monitoring process. So I'm willing to make a motion just to pass it to get it going uh because I'm more afraid of what's going to happen in 2026. Thank you. So, we have a motion uh and then we had a alternate motion made to consider the alternate first. Is there a second for Commissioner Whiz motion

to clarify? Um to um approve as as is, I believe, with no amendments. As of now, uh I mean, if you wanted to second, you could propose a friendly amendment. No, I I want to I want to clear Yeah. Yes. I'll second that. Okay. So, and then we have a motion uh to approve as is. We have a second. We will vote on this first if this fails and we'll go back to the original motion that was made. Secretary, can you please take a roll call vote? Commissioner Scamia. Commissioner Leo. No. Commissioner Leva, I. Commissioner Fam, I Commissioner Woo,

I. Vice Chair Beninger, no. No chair Ramos. No. Motion fails with Commissioner Esamia absent. Thank you. We now go back to the original motion and see if there's a second on that to continue for 30 days along with other um instructions for staff. Seeing as there is no second, that motion doesn't move forward. Does anyone else want to bring forth a motion on this item?

Yeah, let me let me try to craft something. Um, which permit has the security guard in it? Which condition? Which all three of them have the security guard in it? So here, so let me try to do this because we're we're just making a recommendation to the city council. City council can decide if they want a security guard or not. I think that we can all learn. Commissioner, if I can just clarify, the the request before the commission tonight would not go to the city council unless they decided to pull the item for their

Oh, they have to. Okay. They have to pull it. So, all right. Well, my my recommendation is is that we use the latest technology um and security that we've learned uh that we heard about tonight and what they're what they're doing. Um I don't know if [clears throat] is there a um condition that they work with the police department in the C or No. So what I'm trying to craft is here and you guys help me out is we let them use the technology they're using but in conjunction and working with the police department because who's going to get called? the police department's going to get called. And so I want to make sure that there's they're able to move forward with their project, but at the same point in time that we as a commission have covered to say, "Look, you can move forward with the technology and whatever 7-Eleven wants to do. However, there is some overlap with the police department because they're the ones that are going to get caught." And I understand why staff recommended security guard. I get it. We I think we all get it. It's just that any more delay. We've heard that it won't pencil. Not only that, but that this community doesn't get a revitalized center for quite some time. January 26 is a long time to be waiting for it. So, I'm I'm trying to craft something that works for the interim. And then I don't know, you guys probably have language that you know works with the police department because we do these things in conjunction with the police department. 7-Eleven doesn't sell alcohol, right? You're not selling alcohol.

Beer and wine. Beer and wine. currently currently at that site you have beer and wine. So that that's what we got to deal with, right? I mean, so that's what I'm trying to work through. Can Can I make Can I make a suggestion? Yeah. Why don't we go ahead? Um, we can approve. And the way I would word it is that um 6 months, give them time right now to review the security issue. looking with a someone in that field of remote review and come back to to to say this is what we can do as an alternative. Well, they don't have to come back to us. They can just go to staff, right? I mean, I don't mind if it just goes back to staff

because again, I can tell you in my experience, it's cheaper with remote Yes. monitoring. The police get called, you get voices coming from the person monitoring it. A security guard can't get everywhere at once. As I already said, loitering, they get challenged. Well, you don't get challenged with the cameras, you know, with the voices and because the police will show up and take care of it. So, I I suggest that we add that to the approval. Do you guys Does that make sense to you guys what we're what we're talking about?

That's one approach. Um, however, there's an existing condition of approval number 18 that already asks that uh staff and the applicant work with the police department. So, if there's an increase in crime that the police chief would have the ability to require state licensed security guards in the number.

So, as is they can continue. So, the question is asis mandate security guards currently. So I So we need to I would like to change that and make a motion that they we use that they continue to do what they're doing using the latest technology. And then what you're saying is if there is an increase the police chief has has the authority to do what he needs to do.

There's currently conditions for both. One that would just require if approved as is that the licensed security guards be there within a certain time frame. And then the second condition um is is kind of um like belt and suspenders approach. If there's an increase in crime, it would give the chief the ability to say bring in x number of licensed security guards to address factor in the original motion.

Well, the original motion mandates now that we put in security guards, doesn't pencil, doesn't work. If we put in current technology and working with 7-Eleven and as Carl mentioned, we can remove the mandated security guards and the fallback is the police chief can can require it if there's an increase. Correct. That's right. Can I uh Yeah. So, that would be my motion.

Commissioner Fam, do you have a friendly amendment or a question? Well, before we entertain emotion, I I want to make a point that um we we're focused on what 7-Eleven does well, which I I agree, but we have to look at this complex in its totality, right? I would be amicable to removing the security um condition. if I knew that the the technology that 7-Eleven uses is employed throughout the complex whereas you can imagine a scenario where yes 7-Eleven does it really well and then and then the population just migrate to the bottom end of the the site.

So so I guess do we have to reopen to ask the applicant is that some you go ahead and do what you got. Well, I want to just clarify with staff first. Uh staff, can you please clarify if the what? Okay. So, what are we considering tonight? And if we wanted to uh what does that condition apply to the entire property or is that just for 7-Eleven? The condition would be for the entire property. So, any condition we add would also be for the entire property. Right. From what I'm hearing is um remove the condition to require on-site security and then to instead require digital security. Yeah.

I want to confirm that any addition to require digital security would apply to the entire property. Correct. So, Commissioner Fam, does that answer your question? Would not just apply to the 7-Eleven building, but to the entire property that they own, which is the entire plaza. That's correct. Okay. Yes, that's correct. Do we do we need to open the hearing to ask if that's acceptable to the applicant?

Well, I I have a question. Go ahead. Yeah, we should get all our questions we might have for that. I'm wondering if the condition should be only for 6 months that there's a security on property only because something brand new, something shiny attracts people. So, let's say we do a six-month trial of a security onsite. And if there's minimal to no calls to PD about loiting or crime or anything after the 6 months, maybe then we can transition to digital security. I don't know if we can ask the applicant if they would be amicable to that friendly amendment. Thank you.

As of now, I hear two different questions for the applicants. If anyone else can think of any other question they would like to ask the applicant, uh, please share it now so that when we do reopen the public hearing, we only reopen it once. And then I also say that as of now, um, I'm I like the idea of removing the security requirement as is, knowing that there is a condition that requires that allows the police chief to require security if necessary and also hearing from the applicant that they themselves provide security as needed and that they're currently providing security. Um, and then I will say also that I did like one of the things that Vice Chair Beninger mentioned, not sure if it was a condition or how it would be framed around the bioell and just ensuring that if there was an oil spill, there would be no contamination. Maybe that's already clear. Uh, but I think if it is clear, it doesn't hurt to just be diligent. So would like to propose a friendly amendment um with whatever vice chair Bener's language was. I don't remember it word by word right now.

Well, I I think right now the project needs to be looked at as to where the slopes of the driveway goes and then if there was where would it go? It actually may go away from BW. I don't know until you look at that from that view. You just don't know. Does someone at another jurisdiction? Well, the sorry, thank you. Um, the applicant will be required to submit grading plans as part of the building packet. So, that will be something that we'll review as part of the building. Um, so staff would review that, city staff would review that, correct? Yeah.

Thank you. So, do we need to name it or is that already happening? Well, that would be part of the grading, but if you would like to add a condition to ensure that we should make a condition so it does happen and it's just looking at the grading plan and grading it in a spot that it runs away from the uh files. Well, Commissioner Le, would you be open to that friendly amendment? Great. Thank you.

Uh just to clarify, Go ahead, Commissioner. I I'm amal to what's being proposed to remove that uh condition. Uh if we do open up the public hearing again, I just want to make sure that it we're consistent that whatever 7-Eleven employs in terms of security, the rest of the property does, [clears throat] then I'm to removing the security on-site uh condition and then defer it to PD. Thank you. Uh, do we have any other questions that anybody on the commission would like to ask of the applicant before we open the public hearing? Great. So, [snorts] I'm hearing two questions as of now. Oh, Commissioner Le, did you want to mention something? I will withdraw my question if we're all in agreement to remove the security requirement.

Security requirement.

Thank you. Uh, so I hear one question remains from Commissioner Leo, which is if the applicant is amicable to a condition that requires digital security using the high. Yeah, let's look at it this way. If it works, right, and we learn from 7-Eleven and we use it for the whole property, right? We have plenty of other mall shopping malls like this in the city. So, at a lower cost, right? And we didn't even talk about the landscape, right? 7-Eleven said there's certain landscape that, let's just say doesn't is not inviting for people to lay on or do whatever they want to do. So what I'm saying is that I I'm amendable to asking the applicant to make sure that they're okay moving forward as we describe and then we may be able we may be setting precedent for other strip malls that come in and say look it after 6 months or a year it worked then we can go okay so if somebody else comes in and says I want to fix it on standard well guess what

you know I'm a it's a thought process so we do we do need to open the public hearing right to ask the applicant if they're amendable to yes doing that then okay I'm fine with it thank you sir and I'm fine with the bioil amendment thank you and I just uh I just had a thought that came up now uh not sure what that technology looks like but I do have to express uh just general concerns on surveillance is right uh and I don't know what the technology will be who it will be who will be managing it but there are concerns over surveillance like flock that ICE has had access to. Uh so those are real concerns in our community. So I just want to express that concern now.

Uh yeah, so I have concerns about that and not sure how I feel about it [clears throat] now, but uh we'll reopen the public hearing so question can be asked of the applicant. Sure. And then we can move forward. So is there a motion to reopen the public hearing? I'll make that motion. Thank you, Vice Chair Bener. Is there a second? I'll second. Thank you, Commissioner Oliva. Uh, Secretary, can you please take a roll call vote? Commissioner Scamia, Commissioner Leo, I. Commissioner Leva, I. Commissioner Fam, I. Commissioner Woo, I. Vice Chair Beninger, I. Chair Ramos,

I. Motion approve to open the public hearing with Commissioner Scamia absent. Thank you. The public hearing is now reopened. if we can please have the applicants step forward. Uh, whichever representative would like to and Commissioner Leo, if you'd like to ask your question.

Yeah, my [clears throat] question is is that we'd like to take we'd like to take whatever security measures that 7-Eleven uses and stretch it to the property. So, when your tenants re-enter, you're you're able to say, "Look, I'm providing the best security possible for you to survive here. I don't know what to do about your electric panels." That's a whole another matter unto you. But what we're trying to do is figure out this so that you guys can move forward, but also safety to the community. I don't know if you're amendable to that. That's why I asked the question and had the hearing reopen. Yes, absolutely. Thank you. Okay. So, they're amendable to it. Thank you. Thank you very much.

And then I sorry, I now just have a question and perhaps it's for the representative from 7-Eleven. uh but if you could speak to what technologies is being used elsewhere and uh who has access to what's being collected.

As far as I'm aware, I'm not in our asset protect protection um department, but as far as I'm aware, the DVRs are for the operators. So, our um security systems within the store and outside the store are for operators and their use if there's any um that anything that has to be replayed um for themselves and for any local authorities. And then for as far as like the digital towers that hold security, um some of them are private security um companies that monitor. So, I don't know exactly who has access to that. I'm assuming it's just the security company that provides the tower and that monitors it 24 hours or however long we we hire them for. So, but that's a good concern that we could look into for sure because it's a valid concern.

Any law enforcement uh agency would require a court order in order to obtain the tapes, right? I think that's what she was concerned that uh you know a a rogue group could just come in and say, "Get in." Well, THEY NEED A GIVE IN RIGHT NOW. I NEED A WARRANT. and our right now our our local stores um are very friendly with the local police departments. So um I could say that for sure. Um anything outside of that jurisdiction, I don't know how friendly they are, you know, especially because a lot of the people that work inside of our stores are um you know, apprehensive when it comes to like ICE and stuff like that. So um that would be something that would be looked at very closely. Yeah. I'm not worried about the local agency.

Yeah. No, we aren't either. Let me just quick I have a question for you just quickly. I can tell you myself and this was years ago. Yeah. It was our control. There was no one could come in and take them. Yeah. Um back to the question. Have you looked at this project from a security standpoint? At the lighting, at the sound they're proposing. Have you looked at this project?

Um security-wise, we look at our store as it exists today and u we don't have a whole lot of issues. um being that it's going to have a fuel station, there's going to be a lot more light and phototrics involved. So, we feel it's going to be even safer than it is now. Um but now that you guys are mentioning it, we could look at all of the other things that we use to mitigate issues um when it comes to security um at our other locations. So, because we um unfortunately in San we've had a share of troubles at 7-Elevens, unfortunately. Yes.

Loing other problems going on that I just don't want to add to that. No. And this location um specifically, we haven't had too many issues. I know other parts of um of areas of San Adam might, but um this one specifically, we haven't had too many issues. And being that we're going to have a brand new beautiful station with a canopy that's fully lighted, I don't anticipate there'll be more issues. I anticipate a lot less, but we'll um consider everything that we need to to make sure that it's um secure for the community.

Thank you. Are there any final questions or comments for the applicant before we close the public hearing? Great. Uh, the public hearing is now closed. Back to commission discussion. Um, we had a motion that was made. We did not yet have a second. Is there a second for that motion? I'll second.

Thank you. We have a motion by Commissioner Leo with a second from Commissioner Fam. Secretary, can you please call a roll call? Before we get to that point, I'd like to add a friendly amendment to it that we do um memorialize the fact that we are going to look at a grading on of the land for the prevent of spill of gasoline in the vile system. And um I'm sorry, the second one. Um, I do want to see more eyes that they will take care of the the blank wall that's on McFaden right now to make it look like Fair View and that the sidewalk does is put into to the the air pump is moved and we do put the sidewalk into McFaden. Do I have a second for that?

So, uh, the first friendly amendment that you mentioned was previously accepted by Commissioner Leo. Uh the second amendment, friendly amendment that you're proposing, uh you would have to make to Commissioner Leo and Commissioner Leo would decide if he accepts it or not. I'm a bit confused as to what we're talking about there. We're you got to remove the air pumps and then you want side I'm assuming that there's sidewalk there now. No, presently there's not. And once you move the and you can't put one because you have the air pump and water for the cars right there. So you move it where the proposed island as I said earlier that opens that up for a sidewalk to be put there. What it does want to do is right now if there was no sidewalk there, what would be there? Dirt.

Yeah. Or grass or whatever. Um, what this really is, so there would be a break in the sidewalk on McFaten. It would there be just like I'm confused.

The parking lot would end and people would have to walk through the parking lot to get to the store. If I can add, um, the site plan currently shows a drafting error and it shows the air and water pump right up against um, McFaten when should be a little bit north of that. And what uh, Vice Chair Beninger was speaking to is because there's that drafting area that shows the air and water pump in that location. There's a break in the on-site sidewalk. Instead of connecting all the way to the street, it just stops and there's a small area that's considered landscaping. So the the amendment that Vice Chair Bener has mentioned would fix would fix would remove the grass and basically make sure there's sidewalk all the way down all the way through. That's correct.

I'm I'm fine with that. And Commissioner Fam, does your second stand for that amended motion? Yep, that's fine. Thank you. We have a motion from Commissioner Leo along with a second from Commissioner Fam. Secretary, can you please take a roll call vote? Chair, if I can just read off all the amendments just to make sure that we have everything. Thank you.

So, first it would be a revision to condition five to remove the security guard requirement and implement the use of security technology or software to address safety issues sitewide. Uh the second would be a inclusion of a condition that requires containment of fuel spills and prevention of drainage of spilled fuel into bioells. Um, third would be the a condition that would allow the retention of the husky boy figures to remain as public art, right?

And then fourth would be that uh the south elevation include windows on the new 7-Eleven building facing McFaten. Um, and then last would be the relocation of the air and water pump um, north and that bank of parking and to continue the on-site walkway to punch through to the sidewalk along uh, McFaten. Thank you. Pretty good. Thank you. And then just a final question for staff before we go to the roll call vote. Um, are there any of those conditions that we needed to seek additional um, consent from the applicant on?

Um, we can ask them if they're good with all the amendments. Well, are there any that in this meeting you feel we haven't gotten confirmation on? I think all the ones that we've discussed have been thoroughly discussed and I think the one that there was question on, that's when the public hearing was reopened. I think we're good unless you feel this would warrant a reopening of the public hearing. Again, I just wanted to get staff confirmation. I see the applicant signaling, but I know we already uh we would have to reopen the public hearing.

That was going to be my clarification is that as long as they're consenting, that's fine. You don't need to open the public hearing again. But if you're going to enter into a dialogue with the applicant, then then you you would need to reopen the public hearing. So I can do you consent to everything? It won't be we can't have a back and forth right now. It's just a yes or no. Can I make a comment? No. Sorry. Because then I would open a back and forth. We got to reopen it. It's the leg legality around it. You you can go ahead and open it if it's just for the or just if he wants to tell us a question then you can determine if you want to open the public hearing or not. Sure.

Tiny tiny comment. I just don't want this to backfire one day. that uh figure on the husky boys is not owned by us. So I can't control whether he takes it down or not. So I don't want this to be like an art monument that needs to be there just as a point because that I knew that was one of the conditions. So if he chooses to take it down all by him, not by us like that much toy that um staff can you please restate the condition how it's ordered and what if any requirements it establishes that it would allow the it would allow the retention of the husky boy. So if they choose that, hey, this doesn't work out for us, they'd have the ability to to not include it. So it provides an option but doesn't it's not a requirement. Exactly.

Correct. Thank you. Secretary, can you please take a roll call vote? Commissioner Scamia. Commissioner Leo I. Commissioner Oliva I. Commissioner Fam I. Commissioner Woo. I. Vice Chair Beninger. Hi, Chair Ramos. I'm going to have to abstain over my surveillance concerns. Okay. Motion approved by majority vote with Commissioner sorry with um Chair Ramos abstaining and Commissioner Scamia absent. Thank you.

Congratulations. Thank you. Thank you very much. That concludes the business calendar. Moving on to staff comments. None.

Couple of short ones. Even though we've had a lengthy meeting, I just wanted to take the moment to thank the commission for all the hard work this this year. Um especially all the reviewing all the complex projects that we've thrown your way. Um case in point just tonight. And we look forward to working with you next year. we have a host of equally as complex projects lined up for you all. So, we're looking forward to working with you in the coming year. Um, just as an FYI, we don't have any items scheduled for the December 22nd uh PC meeting. So, that meeting is going to be cancelled. Um, and then lastly, kind of touching on the complex projects that are teed up, we're looking forward to presenting the update to the city's uh zoning code um early next year. So, the commission should be seeing that February. And then in addition to that, in response to some community feedback and city council direction, we're also going to be sharing a proposal for a smoke shop ordinance early next year with this commission. Uh, and that's it for staff. Thank you.

Thank you. Do we have any commission comments? Yes. I just [clears throat] like to take this moment to wish everybody a very merry Christmas, Hanukkah, whatever you celebrate. have a safe time and enjoy it with family. Thank you, Vice Chair Beninger. Commissioner Woo, I want to thank staff for your hard work all through through the year and um and the commissioner too. Merry Christmas and happy new year and Santa Claus is Chinese. Thank you, Commissioner Woo. Uh Commissioner Fam, um Merry Christmas. Probably happy new year, too, right? Because we'll we'll be past New Year. Yep. and it's 10:15.

Thank you, Commissioner Leo. Yes. Merry Christmas, happy new year, and all those in between. Um, that last project is what we have in store for us as we go forward. You guys know that. And I I I'm I'm happy to serve with all of you because I think we really do care about the community and we ask the right questions and we we we um we test each other to see how far we can go. Um and I think the city's moving in the right direction because of your your commitment to helping the city. So I greatly appreciate working with you and have a good break because we don't have to see staff for like a month.

Thank you, Commissioner Leo. Commissioner Leva,

ditto to what everyone else said. Happy holidays, happy new year, and thank you staff for putting all of this together because these presentations were not easy, the visuals, everything. So, thank you so much for providing clarity and answers and all that good stuff. Thank you, Aud saying happy holidays and also thanking staff. Excited to see this smoke shop ordinance come to us. I know I brought that up to staff about two and a half months ago after attending a Memorial Park Neighborhood Association meeting. So, I know it's something they've been uh complaining about for quite a bit, but first time I heard about it. So, very happy to see that staff is moving quickly and I believe it was discussed at the council by Councilwoman Lopez last time. So, uh yeah. So, just to the public, if you have complaints, please bring them forth. Things can happen. Thank you all. Have a good night.