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[00:00:01]

COOL AT THIS TIME, THE MEETING WILL PLEASE COME TO ORDER.

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, JULY 12, 2021 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631]

WILL THE AUDIENCE PLEASE STAND AND JOIN? UH, VICE-CHAIR MUNOZ AND THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES REPUBLIC.

FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE.

THANK YOU.

WILL THE SECRETARY PLEASE CALL ROLL COMMISSIONER BURNEY, COMMISSIONER ROJAS HERE.

COMMISSIONER ZARIAN HERE.

VICE CHAIR MUNOZ HERE.

CHAIRMAN LEE HERE.

NEXT ITEM ON THE AGENDA.

THIS EVENING IS PUBLIC COMMENTS.

PUBLIC COMMENTS SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME OF 30 MINUTES FOR ALL PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME MAY NOT BE GRANTED UNDER LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT A BRIEF NON-REPETITIVE AND PROFESSIONAL NATURE.

GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEM OF CITY BUSINESS, NOT APPEARING ON THE SCHEDULED AGENDA PER GOVERNMENT CODE SECTION 5 4 9 4 5 4 0.3.

SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.

IS THERE ANYBODY HERE THIS EVENING THAT WISHES TO ADDRESS THE COMMISSION FOR SOMETHING THAT'S NOT ON THE AGENDA TONIGHT, SEEING NONE? WE'LL NOW CLOSE PUBLIC COMMENTS AND MOVE ON TO THE CONSENT CALENDAR.

ALL MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS A COMMISSIONER CITY STAFF MEMBER OR MEMBER OF THE AUDIENCE REQUESTS SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FAULT WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENT SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES PER ITEM THAT HAS BEEN REMOVED FOR SEPARATE DISCUSSION, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME MAY NOT BE GRANTED OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION AT THIS TIME IS THE CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE THROUGH TWO, ALL ITEMS BE APPROVED WITH ONE VOTE IN LESS.

AN ITEM IS REMOVED FOR FURTHER DISCUSSION.

DO ANY OF THE COMMISSIONERS WISH TO REMOVE AN ITEM? UH, COMMISSIONER NO THANK YOU COMMISSIONER.

BERNAY NO COMMISSIONER ROJAS.

THANK YOU.

VICE CHAIR MUNOZ.

NO.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO HAVE AN ITEM REMOVED, SEEING NONE? UM, DO WE HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE THE CONSENT CALENDAR MOTION HAS BEEN MADE BY COMMISSIONER AND EXPERIAN AND SECONDED BY COMMISSIONER BERNAY WILL THE SECRETARY PLEASE CALL ROLL.

DO WE WANT TO TEST THE BUTTONS TO DO THE VOTE? SURE.

PLEASE ENTER YOUR VOTES.

COOL TO GET US OKAY.

MOTION PASSES.

THANK YOU.

PERFECT.

WE WILL NOW MOVE TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING.

THE PROCEDURES WILL BE AS FOLLOWS.

THE CHAIR WILL INTRODUCE THE ITEM AND THE STAFF WILL GIVE A REPORT ON THE ITEM.

THOSE WHO WISH TO SPEAK IN FAVOR OF THE ITEM WILL BE RECOGNIZED FIRST.

AND THEN THE COMMISSION WILL HEAR FROM THOSE IN OPPOSITION.

REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.

AFTER ALL HAVE SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTIONS THAT DEEMS APPROPRIATE.

IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE MAKE SURE YOU FILL OUT A SPEAKER CARD AND LEAVE IT AT THE LECTERN.

WHEN YOU COME FORWARD TO SPEAK, YOU CAN FIND THE SPEAKER CARDS ON THE TABLE AT THE ENTRANCE OF THE CHAMBER.

WHEN YOU COME FORWARD, PLEASE IDENTIFY YOURSELF AND SPELL YOUR NAME FOR THE RECORD.

PLEASE ADDRESS ALL COMMENTS AND QUESTIONS TO THE CHAIR.

THERE SHOULD BE NO DIRECT EXCHANGES BETWEEN MEMBERS OF THE AUDIENCE.

PUBLIC COMMENTS SHALL BE LIMITED TO TWO TO FIVE MINUTES PER INDIVIDUAL WITH THE TOTAL TIME OF 60 MINUTES FOR ALL PUBLIC COMMENTS FOR EACH PUBLIC HEARING ITEM ON THE AGENDA, UNLESS MODIFIED BY THE CHAIR.

COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL.

IN NATURE.

WE HAVE ONE PUBLIC HEARING THIS EVENING, WHICH IS DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MODIFICATION 21 DASH OH TWO AND REQUEST FOR MODIFICATION 21 DASH OH TWO, TO MODIFY THE HOURS OF OPERATION OF THE BANQUET FACILITY AND TO ALLOW FOR ALCOHOLIC BEVERAGES WITHIN THE OUTDOOR SEATING AREA AT 6 51 WEST WHITTIER BOULEVARD.

DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM? YES, WE DID RECEIVE ANY MAIL FROM ONE OF THE NEIGHBORS,

[00:05:01]

EVELYN LINLEY, AND THAT EMAIL WAS FORWARDED TO THE COMMISSIONERS.

AND SHE'S ASKED SHE IS IN OPPOSITION OF THE REQUESTS.

THANK YOU FOR THAT.

I KNOW WE ARE IN RECEIPT OF THAT AND I KNOW THE COMMISSION HAS ALL RECEIVED THAT AS WELL AND REVIEWED IT.

THANK YOU SO MUCH.

DO WE HAVE A STAFF REPORT? GOOD EVENING, CHAIRMAN AND COMMISSIONERS.

THE ITEM BEFORE YOU IS A REQUEST TO MODIFY THE BANQUET, THE, OUR BANQUET FACILITY IT'S LOCATED ON THE NORTH SIDE OF WHITTIER BOULEVARD WITHIN THE COMMERCIAL CORRIDOR.

IT IS, UH, ORIGINALLY APPROVED.

THE ENTITLEMENTS WERE ORIGINALLY APPROVED IN 2018.

THEY INCLUDED A DESIGN REVIEW FOR A FACADE IMPROVEMENT, A BUILDING ADDITION AND PARKING LOT IMPROVEMENTS, AND TWO CONDITIONAL USE PERMITS.

CONDITIONAL USE PERMIT 18 DASH ZERO NINE WAS APPROVED FOR THE REST RESTAURANT AND BANQUET FACILITY TO OPERATE IN CONJUNCTION.

AND IT ALSO INCLUDED LIVE ENTERTAINMENT AND CONDITIONAL USE PERMIT.

18 DASH 11 WAS APPROVED FOR A TIGHT 47 ON SALE GENERAL ABC LICENSE.

SO THIS INCLUDES, UH, DISTILLED SPIRITS AND BEER AND WINE.

AND THE FACILITY OPENED ON FEBRUARY 11TH, 2020.

IT'S CURRENTLY IMPROVED WHERE A 9,400 SQUARE FOOT RESTAURANT SLASH BANQUET BUILDING, UH, WITH ACCESS OFF OF, UH, WHITTIER BOULEVARD.

AND IT'S ALSO IMPROVED WITH AN OUTDOOR SEATING AREA LOCATED NEAR WHITTIER BOULEVARD, BOTH CPS.

THIS IS, UH, CONDITIONS PERMIT 18 DASH OR NINE AND CUP 18 DASH 11 INCLUDED A LIMIT OF THE HOURS OF OPERATION FOR THE FACILITY.

AND THOSE ARE CURRENTLY RESTRICTED TO MONDAY THROUGH THURSDAY FROM 11:00 AM TO 11:00 PM, FRIDAY AND SATURDAY FROM 11:00 AM TO 12, MIDNIGHT AND SUNDAYS FROM 11:00 AM TO 10:00 PM.

CONDITIONAL USE PERMIT 18 DASH 11, WHICH WAS APPROVED FOR THE TYPE 47 LICENSE INCLUDED A CONDITION THAT PROHIBITED, UH, ALCOHOL CONSUMPTION OUTSIDE THE BUILDING.

THE PROPOSED HOURS, UH, BASED ON THE MODIFICATION REQUEST IS TO MODIFY BOTH CPS, SPECIFICALLY THE HOURS OPERATION, AND TO ALLOW FOR ALCOHOL CONSUMPTION WITHIN THE OUTDOOR SEATING AREA.

UH, ACCORDING TO THE APPLICANT, THE REQUESTED HOURS WILL BE APPLICABLE IN RARE OCCASIONS, AND THEY WOULD ALLOW FOR FLEXIBILITY IN CASE SOME OF THE EVENTS, UH, RUN LATER THAN ANTICIPATED.

SO THE PROPOSED HOURS ARE MONDAY THROUGH THURSDAY FROM 11:00 AM TO 12, MIDNIGHT, AND FRIDAY THROUGH SUNDAY FROM 11:00 AM TO 1:00 AM.

AND THESE HOURS ARE NOT GOING TO BE APPLICABLE TO THE OUTDOOR SEATING AREA.

THE OUTDOOR SEATING AREA WILL BE RESTRICTED TO THE ORIGINAL HOURS OF OPERATION.

DURING THE BEGINNING OF COVID, UH, RESTAURANTS WITHIN THE CITY WERE PROVIDED WITH THE ABILITY TO OBTAIN AN OUTDOOR DINING PERMIT.

IT'S A ADMINISTRATIVE PROCESS AND NO PROCESSING FEES.

UM, THIS PARTICULAR LOCATION WAS GRANTED IN AFTER DINING PERMIT ON JUNE 30TH, 2020 IN CONJUNCTION THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL OR ABC IN RESPONSE TO COVID 19 ISSUED NOTICES OF REGULATORY RELIEF, WHICH SUSPENDED ENFORCEMENT OF CERTAIN ALCOHOL RELATED SERVICES ON A TEMPORARY BASIS.

UM, THEY ALSO AUTHORIZED IN EXPANSION OF LICENSE FOOTPRINT AND THE CREATION OF THE COVID-19 TEMPORARY CATERING AUTHORIZATION PERMIT WITH THE EXPANSION OF LICENSE FOOTPRINT MEASURE.

ABC AUTHORIZE THE CONSUMPTION OF ALCOHOL IN CONJUNCTION WITH MEALS TO TAKE PLACE WITHIN APPROVED OUTDOOR SEATING AREAS.

UM, THIS PARTICULAR FACILITY FOR THE ACTOR SEATING AREA IS GOING TO BE LIMITED, AS I MENTIONED TO THE ORIGINAL HOURS, WHICH ARE MONDAY THROUGH THURSDAY FROM 11:00 AM TO 11:00 PM, FRIDAY, SATURDAY FROM 11:00 AM TO 12, MIDNIGHT AND SUNDAYS FROM 11:00 AM TO 10:00 PM.

SO THOSE ARE BE THE RESTRICTED HOURS FOR THE OUTDOOR SEATING AREA.

YEAH, I'M WITH THE CITY SHOULD AFTER DINING PERMIT AND ABC'S REGULATORY REGULATORY RELIEF PROGRAM, THE APPLICANT WAS ALLOWED TO PROVIDE AND, UM, CONSUME ALCOHOLIC BEVERAGES WITHIN THE OUTDOOR SEATING AREA, EVEN THOUGH RESOLUTION 18 DASH 17 FOUR CUP 18 DASH 11.

THIS IS FOR THE TYPE 47 ON SALE LICENSE, UH, INCLUDED A CONDITION THAT REQUIRED ALL ALCOHOL SALES TO TAKE PLACE WITHIN THE BUILDING.

SO ABC'S REGULATION SUPERSEDED, UH, THE CONDITION IN THE RESOLUTION

[00:10:01]

SINCE ABC'S REGULATORY RELIEF PROGRAM.

WE'LL SEE BY THE END OF THE YEAR, AS PART OF THIS MODIFICATION REQUESTS, THE APPLICANT IS REQUESTING TO REMOVE THAT CONDITION TO ALLOW FOR THE CONTINUED USE OF, UH, ALCOHOL CONSUMPTION WITHIN THE OUTDOOR SEATING AREA.

AND THIS WILL BE AS A PERMANENT, UH, BASIS.

UM, UM, SINCE THE FACILITY BEGAN OPERATION, THERE'S BEEN A TOTAL OF 59 EVENTS AND THEY'VE BEEN HELD FROM 2020 TILL JUNE OF 2021.

AND ACCORDING TO THE LAHABRA POLICE DEPARTMENT, THERE HAVE BEEN THREE CALLS FOR SERVICE.

AND THESE ARE FROM FEBRUARY OF 2020 THROUGH JUNE OF 2021.

THE THREE SERVICE CALLS, UM, ARE IN FEBRUARY AND THAT'S FOR A CALL FOR A POSSIBLE FIGHT.

THERE WAS NO, UH, CITATIONS AND NO OTHER REPORTS FILED.

UM, ON OCTOBER OF 2020, THERE WAS A 9 1 1 CALL.

UM, SAME THING, NO REPORTS FILED AND NO CITATIONS.

AND ON MARCH OF 2021 FOR UNKNOWN TROUBLE AND ALSO, UH, OFFICERS SHOWED UP AND NO CITATIONS OR FOLLOW-UPS WERE MADE.

UM, THE CALLS FOR SERVICE HAVE BEEN MINIMAL, UH, AGAIN WITH NO REST OR CITATIONS.

AND ALSO AS INDICATED AT THE BEGINNING OF THE PRESENTATION, THE EMAIL THAT WAS PROVIDED, UH, DATED JULY 7TH WITH CONCERNS REGARDING POTENTIAL NOISE, UM, THE GATHERING OF A PERSON'S OUTSIDE AND AN EVENT THAT WAS HELD IN, UM, IN THANKSGIVING.

UM, SO THE LETTER OUTLINES CONCERNS REGARDING NOISE THAT MAY BE GENERATED BY THE LATE HOURS AND, AND POTENTIALLY CONCERNS REGARDING ALCOHOL CONSUMPTION.

STAFF IS RECOMMENDING APPROVAL OF THE MODIFIED HOURS TO ALLOW FOR ALCOHOL CONSUMPTION WITHIN THE OUTDOOR SEATING AREA WITH ADDITIONAL CONDITIONS.

A NEW CONDITIONS INCLUDE A REVIEW OF THIS ACTION, UH, BY THE PLANNING COMMISSION WITHIN APPROXIMATELY FIVE MONTHS.

UM, IT'S ANTICIPATED THAT WITHIN THIS FIVE MONTH TIME PERIOD AND WITH THE COVID-19 RESTRICTIONS BEING LIFTED, STAFF IS GOING TO BE ABLE TO MONITOR THE EVENT, UM, AND OBTAIN A FULL TRACK RECORD, SO TO SPEAK, UM, IN THE EVENT THAT THE FACILITY WHERE RECEIVE EXCESSIVE CALLS FOR SERVICE, UH, WITH CONFIRMED ISSUES RELATED TO THE FACILITIES OPERATIONS, THE PROJECT WILL THEN BE SCHEDULED FOR A PUBLIC HEARING AT A LATER DATE WITH THE RECOMMENDATION TO RESCIND OR REVOKE THE MODIFICATION, UM, AND REINSTATE ORIGINAL HOURS OPERATION OR POSSIBLY INCLUDE ADDITIONAL MITIGATION MEASURES.

SO WE'RE PROVIDING A FIVE MONTH WINDOW FOR THE OPERATOR TO CONTINUE WITH THE REQUESTED HOURS AND WE'LL CONTINUE TO MONITOR.

UM, THE FACILITY ALSO INCLUDED OUR, UH, CONDITIONED LIMITING THE HOURS OF OPERATION OF THE METRO SEATING AREA, UH, COMPLIANCE WITH ABC REGULATIONS, UH, PROHIBITING ALL OUTDOOR ACTIVITIES.

UM, THERE'S A DECORATIVE PATIO COVER THAT'S LOCATED ON THE NORTH SIDE OF THE PROPERTY.

UM, THAT WAS A ADDITION AFTER THE FACT.

SO WE'RE JUST COVERING THE BASIS AND PROHIBITING ANY TYPE OF OUTDOOR ACTIVITY TAKE PLACE OUTSIDE.

UM, AND THE APPLICANT IS ALSO GOING TO BE REQUIRED TO OBTAIN AN ELECTRICAL PERMIT FOR THE DECORATIVE LIGHTING THAT WAS ADDED.

AND ALSO THIS IS A NEW CONDITION THAT'S BEING REQUESTED TO BE ADDED, UH, FOR THE REMOVAL OF AN UNPERMITTED STORAGE STRUCTURE LOCATED ON THE NORTH SIDE OF THE BUILDING.

UM, WITH THAT CONCLUDES MY PRESENTATION.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU, DAVID, AT THIS TIME, UH, I WILL CALL ON THE PLANNING COMMISSIONERS TO SEE IF THEY HAVE ANY QUESTIONS FOR STAFF BEGINNING WITH COMMISSIONER.

UH THANK YOU, DAVID.

THE, UH, THE FIVE MONTH REVIEW PERIOD, IS THAT SOMETHING THAT'S GOING TO BE A HARD AGENDA ITEM OR IS THAT SOMETHING THAT WILL ONLY COME BEFORE US IF THERE HAVE BEEN COMPLAINTS OR ISSUES BEFORE THAT TIME? OKAY.

IT'S UH, BOTH IF THREE MONTHS IN WE GET RE RECALLS OR COMPLAINTS, WE CAN RESCHEDULE IT.

HOWEVER, IF THERE'S NO COMPLAINTS WITHIN THE FIVE MONTH PERIOD, WE'RE JUST GOING TO BRING THIS UP AS A CONSIDERATION ITEM TO LET YOU KNOW HOW THE APPLICANT HAS BEEN DOING, UM, WHAT CALLS FOR SERVICE, IF ANYTHING, UH, JUST AS A, AN UPDATE, RIGHT? SO THERE'LL BE ON THE AGENDA AS A CONSIDERATION ITEM, JUST SO WE'RE AWARE OF WHETHER THEY'RE HAVE, OR HAVE NOT BEEN COMPLAINTS OR ISSUES.

CORRECT.

OKAY.

AND AM I CORRECT IN SAYING THAT THE SUNDAY HOURS ARE CHANGING, UH, INSIDE FROM 10:00 PM TO 1:00 AM, BUT THAT AGAIN IS INSIDE AND NOT OUTSIDE.

THAT'S CORRECT.

SO THE PARAMETERS OF OUTSIDE PATIO OPERATION ARE STAYING ON CHANGED, CORRECT.

AS WE HAVE BEEN FOR THE PAST YEAR ROTH, CORRECT.

ALL RIGHT.

YES.

THANK YOU.

THAT'S ALL, DAVID.

WHAT ARE THOSE HOURS? THE CURRENT OUTDOOR AREA HOURS CURRENT HOURS ARE ME ARIEL.

SO MONDAY THROUGH THURSDAY, 11:00 AM TO 11:00 PM,

[00:15:01]

FRIDAY AND SATURDAY FROM 11:00 AM TO 12, MIDNIGHT AND SUNDAY FROM 11:00 AM TO 10:00 PM.

SO THESE HOURS HERE, UM, OUR HOURS OF OPERATION, AS WELL AS HOURS THAT THEY CAN BE OPERATING OUTDOORS, UH, WITHIN THE OUTDOOR SEATING AREA WITHIN THE OUTDOOR SEATING AREA.

CORRECT.

OKAY.

SORRY TO JUMP THE GUN, BUT IT WAS JUST RELATED TO WHAT YOU WERE SAYING, DARREN.

UM, GREAT, DARREN.

YOU GOOD? I'M GOOD.

THANK YOU.

OKAY.

COMMISSIONER BERNIE.

OH, I HAD HAD THE SAME QUESTIONS THAT DARREN HAD.

UM, I'M GLAD YOU COVERED THE, THE 9 1 1 CALLS.

THAT WAS MY CONCERN.

DEFINITELY.

AND WE HAVE NOTHING ON ANY OF THOSE CALLS.

THERE'S NO CITATIONS AND NOTHING.

THAT'S CORRECT.

OKAY.

COMMISSIONER ROJAS.

UM, WAS THERE ANY COMPARISON TO ANY OF THE OTHER BANQUET HALLS IN THE CITY? I KNOW OF ONE.

UM, AND WHAT ARE THEIR HOURS? YES, UH, WE ACTUALLY CONDUCTED SOME RESEARCH AND I HAVE THREE SIMILAR LOCATIONS IN THE CITY.

THE FIRST IS THE BANQUET FACILITY AT 8 0 1 NORTH BEACH BOULEVARD.

UM, THEY HAVE A CONDITIONAL USE PERMIT FOR A BANQUET FACILITY APPROVED IN 1993 AND CONDITION NUMBER FOUR, UH, SPECIFIES 12 MIDNIGHT DAILY IS THE CUTOFF.

SO, UH, 12 MIDNIGHT, SEVEN, SEVEN DAYS A WEEK.

AND I HAVE ANOTHER RESOLUTION.

THIS IS FOR THE RESTAURANT LOCATED AT 1 5, 1 WEST WHITTIER BOULEVARD, UH, WHICH INCLUDED LIVE ENTERTAINMENT.

UM, THEY HAVE HOURS, UH, 7:30 AM TO 11:00 PM.

AND THAT'S MONDAY THROUGH WEDNESDAY, SEVEN 30 TO 12:00 AM ON TUESDAY, SEVEN 30 TO 12:30 AM ON FRIDAY AND SATURDAY AND 7:30 AM TO 10:00 PM ON SUNDAY.

AND THE LAST ONE IS A, THE KARAOKE FACILITY LOCATED AT 1130 SOUTH BEACH BOULEVARD.

AND THEY ARE LIMITED FROM 12 NOON TO 12 MIDNIGHT, SUNDAY THROUGH THURSDAY AND 12 NOON TO 2:00 AM, FRIDAY AND SATURDAY.

THOSE WERE THE THREE SAMPLES, UH, OF VARIOUS USES IN THE CITY.

THE FIRST ONE THAT YOU MENTIONED, THE ONE THAT IS ON BEACH BOULEVARD, I'M FAIRLY CERTAIN, THEY HAVE A PATIO AREA IN THE FRONT, WHICH IS AWAY FROM THE HOMES IN THE BACK.

UM, SO ARE THEY ALLOWED TO, UH, I GUESS CONSUME ALCOHOL AND THEIR FRONT PATIO? DO YOU, DO YOU KNOW, I'M GOING TO ASSUME THAT'S PART OF THE CONDITIONAL USE PERMIT.

THAT'S BEEN APPROVED BACK IN THE NINETIES, BUT IT'S, UM, THE RESOLUTION IS FROM 93, SO IT'S NOT ALL ENCOMPASSING LIKE OUR CURRENT RESOLUTIONS THAT LANGUAGE DIDN'T EXIST OR IT'S NOT INCLUDED IN THE ALCOHOL LICENSE.

SO DOES THAT MEAN THEY ARE ALLOWED TO DRINK ALCOHOL OR NOT? UH, WE WOULD RELY ON ABC'S CALL ON THAT.

UM, NORMALLY THEY REQUIRE CERTAIN REQUIREMENTS FOR A PATIO TO BE ENCLOSED OR SECURED, SO WE WOULD RELY ON ABC.

I THANK YOU.

VICE CHAIRMAN KNOWS FOR THE PREVIOUS APPROVED OUTDOOR SEATING.

UM, IT'S, IT'S AN ACTUAL JUST TABLE SEATING, LIKE, DOES THAT INCLUDE COCKTAIL TABLES AND OUTDOOR BAR OR ANYTHING LIKE THAT? YES.

UH, NO ACTOR BAR, BUT IT IS, UH, IMPROVED WITH TABLES AND CHAIRS, UH, AND SEMI SECURED WITH A THREE FOOT HIGH VINYL FENCE.

AND THEN THE, IS THE FENCING IS GOING TO STAY OR I'M ASSUMING, SHOULD IT GET APPROVED, THEN ABC IS GOING TO REQUIRE SOME TYPE OF LOCKING MECHANISMS AND STUFF BECAUSE THE ENTRANCE IS RIGHT THERE.

SO I'M ASSUMING, I DON'T KNOW IF THEY'RE GOING TO HAVE LIKE DIFFERENT BARRIERS.

THAT'S CORRECT.

UH, ONE OF THE CONDITIONS WAS FOR THE APPLICANT TO COMPLY WITH ABC REGULATIONS AND WE'RE GOING TO BE LOOKING FOR A REVISED PLAN OR AN UPDATED PLAN TO ADDRESS THOSE CONCERNS.

AS FAR AS THE SEATING ITSELF, IT'S JUST, I'M COMMITTED TO STANDARD TABLES OR DOES IT HAVE ANY TYPE OF COCKTAIL TABLES OR ANY TYPE OF LOUNGE OR ANYTHING LIKE THAT? YEAH, JUST TABLES AND CHAIRS.

OKAY.

ALL RIGHT.

THAT'S IT FOR ME? THANKS, DAVID.

UM, YEAH, I THINK THE, MOST OF THE COMMISSION ASKED A LOT OF MY QUESTIONS.

I WAS GOING TO ASK YOU ABOUT THE STRUCTURE THAT'S IN THE REAR OF THE PROPERTY.

COULD YOU TELL US A LITTLE BIT MORE ABOUT THAT? YES.

UM, SO AT THE NORTH SIDE OF THE PROPERTY, THERE'S A LANDSCAPE PLANNER AND AT THE VERY NORTH END OF THE LANDSCAPE PLANNER, THERE IS A 10 BY 12 FREESTANDING STRUCTURE.

UH, IT'S A PATIO COVER, UM, AND, UH, VERIFYING WITH OUR BUILDING DEPARTMENT.

A PERMIT IS NOT NEEDED FOR THAT SIZE STRUCTURE.

AND WHEN ASKED WHAT THE PURPOSE OF THE STRUCTURE, THE APPLICANT INDICATED IT'S A DECORATIVE FEATURE.

[00:20:01]

UM, SIMILAR TO COMMISSIONER ROJAS MENTIONED ABOUT THE BANCO FACILITY ON BEACH BOULEVARD, HOW THEY INCLUDE A GAZEBO.

THAT WAS THE INTENT OF, UH, ADDING THIS STRUCTURE TO THE REAR OF THE PROPERTY.

IS THAT SIGNIFICANTLY AWAY FROM THIS OUTDOOR EATING AREA? YES.

AND WAS THE CONCLUSION ON THAT WE'RE STILL CHECKING WITH THE BUILDING DEPARTMENT OR IS THAT I THOUGHT YOU STATED PREVIOUSLY THAT ONE OF THE CONDITIONS WAS THAT THAT WOULD BE REMOVED? NO.

UH, THE CONDITION WAS FOR THE APPLICANT OBTAINING AN ELECTRICAL PERMIT.

GOT IT.

UM, IN THAT SAME AREA, THERE ARE DECORATIVE LIGHTS STRUNG WITHIN THAT LANDSCAPE PLANNER, AS WELL AS IN THE OUTDOOR SEATING AREA AS, UH, THEY'RE FAIRLY VISIBLE ON THE PICTURE.

GOT IT.

OKAY, GREAT.

I THINK WE'RE GOOD.

WE'LL NOW OPEN THE PUBLIC HEARING AND WE'LL HEAR FROM ANYBODY WHO IS HERE THIS EVENING, WHO WOULD LIKE TO SPEAK IN FAVOR OF THE PROPOSED PROJECT.

IF YOU WISH TO SPEAK IN FAVOR, PLEASE COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.

GOOD EVENING, LADIES AND GENTLEMEN.

MY NAME IS ROBERT COLEMAN.

I LIVE AT SIX 50 LINDA AVENUE.

UH, BASICALLY THE RESTAURANT IN QUESTION IS JUST OVER MY FENCE.

AND, UM, HAVING LIVED IN LABO SOME OVER 33 YEARS AND BEEN, HAD, HAVE EXPERIENCED AT LEAST THREE DIFFERENT RESTAURANTS.

THE FIRST ONE, UH, THE SECOND ONE BEING POOR TOFINO AND THIS ONE PORTOFINO AND THIS ONE HAVE BEEN BY FAR THE BEST NEIGHBORS AT ONE COULD POSSIBLY ASK FOR WITH REGARD TO THE TYPE OF WHEN YOU, I DON'T KNOW IF ANY HAVE EVER ACTUALLY BEEN INSIDE OF THIS PARTICULAR FACILITY, YOU'LL FIND IT IS EXTREMELY ELEGANT.

UM, I HAPPEN TO WORK IN THE INTERIOR DESIGN FIELD FOR A NUMBER OF YEARS, AND QUITE FRANKLY, THERE ARE RESTROOMS YOU COULD LIVE IN.

THEY'RE JUST THAT GORGEOUS.

UM, THE GENTLEMAN THAT OWNS THE FACILITY IS EXTREMELY RESPONSIBLE.

UM, I HAVE MET HIM.

UH, MY WIFE HAS COME TO KNOW HIM.

UM, AND AS FAR AS WE'RE CONCERNED, WE HAVE NO ISSUES WITH WHAT THEY'RE PROPOSING, UH, BECAUSE OF THE KIND OF CLIENTELE THAT THEY HOST.

UH, WE SEE NO ISSUE WITH EXPANDING WHAT THEY ARE REQUESTING AND WHEN ONE CONSIDERS THE BUSINESS ENVIRONMENT TODAY, CERTAINLY ONE WOULD WANT TO APPRECIATE IF NOT ENHANCE WHAT THEY'RE DOING AND THEY ARE CERTAINLY A ADVANTAGE TO THE CITY OF ALHAMBRA.

THANK YOU.

I APPRECIATE IT VERY MUCH.

THANK YOU SO MUCH.

ANYBODY ELSE WISHING TO SPEAK IN FAVOR OF THE PROJECT? HELLO, I AM MARIE MORRILL.

AND, UM, I WOULD JUST LIKE TO, COULD YOU DO ME A FAVOR AND JUST SPELL YOUR LAST NAME? SURE.

IT'S MODIO IS M U R I L L O.

THANK YOU SO MUCH.

SO JUST TO TELL YOU A LITTLE BIT ABOUT MYSELF, I AM AN INDEPENDENT CONTRACTOR AND I'VE BEEN DOING EVENTS WITH THE CITY OF LA BARBARA.

SO I HAVE DONE EVENTS SUCH AS THE TAMALE FESTIVAL, UM, THE CORN FESTIVAL, THE 4TH OF JULY EXTRAVAGANZA, THE CITRUS FAIR.

SO, AND, AND THE EVENTS GO ON.

SO I HAVE A LOT OF EXPERIENCE WITH HANDLING LARGE EVENTS.

WHEN YOU GO TO THESE EVENTS AND YOU SEE VENDORS THERE, I PRETTY MUCH HANDLE ALL THAT AREA.

SO I, UM, DO WORK WITH EDDIE NOW, AND I AM HIS SPECIAL EVENTS COORDINATOR, EDDIE AND I ARE ALWAYS AT, YOU KNOW, HE CAN BE IN THE KITCHEN.

I'M ALWAYS RUNNING THE SHOW BEFORE WE START THE EVENT, THE HOSTS THAT ARE HOSTING AT OUR EVENT, THEY KNOW EXACTLY WHO I AM.

THEY KNOW EXACTLY WHO EDDIE IS.

AND JUST TO KIND OF COVER A LITTLE BIT ABOUT OUR BUSINESS PRACTICES AND OPERATIONS THAT WE DO WITHIN THE EVENTS, UM, AND OUR STAFF.

UM, WE DO HAVE SECURITY BASED ON THE NUMBER OF ATTENDEES PER EVENT.

THERE IS ALWAYS TWO SECURITY GUARDS, AND ONE IS ALWAYS STATION IN THE BACK OF THE PARKING LOT.

WE, UM, IF THERE ARE OVER 200 PEOPLE, THEN THERE ARE THREE SECURITY GUARDS.

[00:25:01]

UM, WE DO HAVE VALET PARKING AT ALL OF OUR EVENTS AND THIS ELIMINATES FOR, UM, FROM PEOPLE FROM GOING TO THE BACK AND DISTURBING THE RESIDENTS.

SO VALET PARKING IS UPFRONT.

PEOPLE DRIVE UP, WE GET THEIR CARS, THEY ARE, UM, ABLE TO WALK RIGHT IN AT THE END OF THE EVENT, PEOPLE COME GET THEIR CARS AND THEY HAVE NO REASON ABSOLUTELY TO GO TO THE BACK.

UM, ANOTHER THING IS, IS THAT SOME EVENTS ARE PRETTY EXTRAVAGANT AND BEAUTIFUL.

I MUST SAY.

AND THESE, UM, THESE VENDORS THAT COME IN TO, TO DO THE DECOR, IT TAKES TIME TO ASSEMBLE AND DISASSEMBLE.

AND BECAUSE WE WANT TO PROTECT FROM DISTURBING OUR RESIDENTS AND HAVING A BIG TRUCK COME IN THEM, HAULING OUT ANY OF THE D THE DECOR THAT THEY BRING.

THEN WE ARRANGE FOR THEM TO COME LEAVE.

WE GUARANTEED THAT, YOU KNOW, EVERYTHING'S GOING TO BE LOCKED UP.

EVERYTHING WILL BE PROTECTED.

AND WE, WE WORK WITH THEM WHERE THEY CAN COME IN THE NEXT DAY TO DISSEMBLE.

SO THAT WAY, YOU KNOW, WE'RE NOT THERE TILL TWO IN THE TWO IN THE MORNING OR WHATEVER, HOW LONG, HOWEVER LONG, BECAUSE SOME OF THESE DISPLAYS DO TAKE HOURS.

UM, EDDIE AND MYSELF ARE ALWAYS AT EVERY SINGLE EVENT.

UM, AND WE JUST, YOU KNOW, WE WANT TO JUST LET THE PANEL KNOW THAT WE, OUR INTEGRITY OF THE BUSINESS IS WE WANT TO SERVE WITH EXCELLENCE HONOR AND COMMITMENT, EXCELLENCE, AND LETTING PEOPLE IN THE HARBOR AND SURROUNDING CITIES THAT THEY DON'T HAVE TO GO OUT.

THEY CAN HAVE THAT EXPERIENCE HERE.

THEY DON'T HAVE TO GO TO NEWPORT BEACH.

THEY DON'T HAVE TO GO TO BEVERLY HILLS.

THEY CAN HAVE IT HERE, YOU KNOW, COMMITMENT IN COMMITTING THAT WE ARE GOING TO FOLLOW ALL OF THE RULES AND REGULATIONS AND KEEP THE INTEGRITY OF THE BUSINESS, YOU KNOW, EXCELLENCE HONOR.

AND THE COMMITMENT HERE, UM, YOU KNOW, AN HONORING EVERYTHING THAT WE HAVE TO COMPLY WITH.

SO I JUST WANTED TO REASSURE YOU THAT WE ARE DOING EVERYTHING THAT WE CAN, AND JUST LIKE, YOU KNOW, EVENTS THAT WE THROW FOR THE CITY, EVERYTHING IS TRIAL AND ERROR, AND WE, WE, WE FIX IT.

YOU KNOW, WE MOVE ON.

WE LIKE TO, UM, TAKE ANY, UM, RECOMMENDATIONS FROM OUR CLIENTS AND ALL OF THAT IS CONSIDERED BECAUSE WE WANT TO GROW AND WE WANT TO CONTINUE ON.

AND WE THANK YOU SO MUCH FOR JUST THE CONSIDERATION.

THANK YOU SO MUCH.

THANK YOU.

THANK YOU, MS. MARIO, ANYBODY ELSE THAT WANTS TO SPEAK IN FAVOR OF THE PROJECT? OKAY.

LET'S SEE NONE.

UH, NOW WE'LL HEAR FROM ANYONE WHO WISHES TO SPEAK IN OPPOSITION OF THE PROJECT.

IF YOU WISH TO SPEAK IN OPPOSITION, PLEASE GO TO THE PODIUM AND ADDRESS THE COMMISSION.

OKAY.

SEE, NONE AT THIS TIME, THE COMMISSION WILL, WE WILL CLOSE THE PUBLIC HEARING AND I'LL CALL ON THE PLANNING COMMISSIONERS FOR DISCUSSION OR A MOTION, UH, COMMISSIONER .

THANK YOU.

YOU KNOW, I ENTERED INTO THIS WITH SOME SKEPTICISM BECAUSE I'M EXTREMELY SYMPATHETIC TO THE KIND OF CONCERNS BEING EXPRESSED BY RESIDENTS WHEN THEY'RE DEALING WITH POTENTIAL NOISE ISSUES OR ANY KIND OF, UH, UH, UH, BARRETT BEHAVIOR.

BUT I HAVE TO SAY THAT WHAT I'VE HEARD TONIGHT PRETTY MUCH ADDRESSES ALL OF MY CONCERNS.

I MEAN, OBVIOUSLY THE FIVE MONTH REVIEW PERIOD IS, IS, IS CRITICAL.

IF THERE ARE ANY ISSUES, IF ANYTHING GOES SIDEWAYS, WE'LL ALLOW THE OPPORTUNITY TO AMEND THAT CUP.

UH, I WAS STRUCK BY WHAT MARIE SAID ABOUT, UH, SECURITY BEING PRESENT AND ABOUT THEIR COMMITMENT TO MAKING SURE THAT THESE OPERATIONS ARE RUN PROFESSIONALLY AND IN A, A, YOU KNOW, A SAFE AND EFFECTIVE MANNER.

UM, IT SEEMS TO ME IN MY VIEW THAT, UH, WE WANTED TO SEE OUR BANQUET, UH, SUCCEED AND PROSPER.

SO IN MY VIEW, I'M INCLINED TO SUPPORT THEM, HAVING EVERY SHOT OF DOING SO WITH THE UNDERSTANDING THAT, UH, THINGS ARE NOT WORKING OUT IN FIVE MONTHS, WE CAN TAKE A SECOND LOOK.

SO, UH, I'M GENERALLY IN FAVOR OF THIS.

SO I HAVE, THANKS DARREN COMMISSIONER BERNAY, UM, FOR ABOUT EIGHT YEARS, I'VE BEEN DOING BIG EVENTS ALSO, AND WE'LL HARBOR ON, I DO DO THE TAMALE FESTIVAL AND WE SET UP AN 80 FOOT BY 40 FOOT TENT WITH HUNDREDS OF VENDORS.

SO I KNOW WHAT IT'S LIKE TO PLAN A BIG EVENT, HAVE HUNDREDS AND HUNDREDS OF HUNDREDS OF PEOPLE COME THROUGH YOUR, YOUR EVENT.

AND THEN, YOU KNOW, HAVING TO TAKE DOWN QUICKLY, YOU KNOW, WHEN IT'S OVER WITH, WE ALL KNOW WITH SECURITY THINGS, DON'T WORK OUT THAT WAY.

SO I APPREHENSIVE TO LET THIS GO BECAUSE OF THE NEIGHBORHOOD BEHIND IT, BUT I DO APPRECIATE WE HAVE THE FIVE MONTH, YOU KNOW, UM,

[00:30:01]

LET'S TRY AND SEE HOW IT IS.

I'M NOT HAPPY ABOUT THE POLICE CALLS AT ALL.

SO I WILL BE WATCHING THIS INTENTLY.

I SEE A LOT OF POSTS ABOUT THIS PLACE ON FACEBOOK.

IT'S EVERYWHERE.

I THINK IT'S BEAUTIFUL.

I'VE NEVER BEEN THERE, YOU KNOW, BECAUSE OF THE PANDEMIC.

I THINK THAT'S, IT'S GREAT.

AND I DEFINITELY WANT TO SEE A BUSINESS FLOURISH, BUT I'M CONCERNED ABOUT THE RESIDENTS.

THIS IS, I WILL BE WATCHING THIS AND I WILL HAVE SOMETHING TO SAY IN FIVE MONTHS WHEN IT COMES BACK.

THANK YOU.

THANK YOU, COMMISSIONER ROJAS.

UM, YEAH, I THINK, UH, I GUESS I WAS KIND OF, UM, HAPPY TO SEE ANOTHER OPTION FOR US HERE IN THE CITY OF LAHABRA.

UM, WE DO HAVE LIMITED OPTIONS PROBABLY BECAUSE OF THE SIZE OF OUR CITY.

UM, LIKE THE PREVIOUS COMMISSIONER MENTIONED, I'VE SEEN IT ON FACEBOOK.

IT'S GORGEOUS.

UM, AND I DO THINK THAT THE CONDITIONS ARE APPROPRIATE.

UM, I'M EXCITED TO SEE THE BUSINESS FLOURISH.

UM, I AM A LITTLE CONCERNED ABOUT THE RESIDENTS, ALTHOUGH I DO SEE THAT THERE'S A PRETTY LARGE SETBACK FROM THE BACK.

UM, IT'S ABOUT 240 FEET IS KINDA WHAT I CALCULATED AND I THINK THAT'S PRETTY SIGNIFICANT TO KIND OF BUFFER THAT NOISE CONCERN.

UM, I THINK THE FACT THAT THERE IS VALET, I THINK THAT KIND OF REALLY RESOLVES THAT ISSUE OR, UM, I THINK IT'S A GOOD ALTERNATIVE TO HELP MITIGATE AT LEAST.

UM, SO I DO THINK, UM, IT'S CLEAR THAT THE APPLICANT, UM, OR THE BUSINESS REALLY DOES CARE ABOUT THE RESIDENTS AND IS TRYING TO DO ALL THAT THEY CAN TO MAKE SURE, UH, THAT THEY MITIGATE ANY TYPE OF ISSUES THAT MAY COME UP.

AND I DO APPRECIATE THAT.

SO, UM, I LOOK FORWARD TO, UH, SEEING THIS SUCCEED.

THANK YOU.

VICE-CHAIR MUNOZ.

I THINK, UM, ALL OF MY COLLEAGUES, UH, TOUCHED ON A LOT OF, UM, POINTS, BUT, UM, I DEFINITELY AM HAPPY THAT, THAT THEY DO HAVE VALLEY.

IT DOES MITIGATE SOME OF THE LOITERING AND THE PARKING AND ALSO THE FIVE MONTH LOOK BACK.

CAUSE YOU KNOW, IT DOES PUT MORE RESPONSIBILITY ON THE OPERATOR TO MAKE SURE THAT THEY ADHERE TO ALL, UM, THE CONDITIONS OF APPROVAL.

AND THAT'S IT FOR ME, HONG COMMONS.

THANK YOU.

VICE CHAIR MUNOZ.

UM, UNLIKE THE REST OF MY COLLEAGUES, I DON'T KNOW IF I'M AS COMFORTABLE.

UM, I, I DEFINITELY AM NOT AS COMFORTABLE WITH 1:00 AM ON SUNDAY.

UM, I THINK THAT'S, THAT'S PRETTY, UH, EXCESSIVE.

UM, I THINK THE REVIEW PERIOD IS, UH, VERY HELPFUL.

UH, BOTH WAYS.

I FEEL LIKE SOMETHING THAT WE NEED TO BE CONSIDERATE OF IS THE LAST YEAR AND A HALF WAS REALLY AN ANOMALY IN TERMS OF, AND MY CONCERN WOULD BE THAT THE PROPERTY WASN'T OPERATING AS IT WILL FOR THIS NEXT, YOU KNOW, FIVE MONTHS AND BEYOND THAT.

AND I THINK THAT'S SOMETHING THAT WE NEED TO BE CONSIDERATE CONSIDERATE OF.

UM, MY THOUGHT IS MAYBE WITH A MODIFICATION TO THE CONDITIONS, I WOULD BE SUPPORTIVE OF ADJUSTING THE HOURS OF OPERATION AND ADJUSTING THE HOURS OF, UM, OUTDOOR SEATING.

I DON'T SEE THE NEED FOR 1:00 AM ON A SUNDAY NIGHT.

UM, MY RECOMMENDATION WOULD BE CONTINGENT ON SUNDAY THROUGH THURSDAY HOURS FROM 11 TO 11 AND THEN FRIDAY AND SATURDAY FROM 11 TO 1:00 AM, WHICH I BELIEVE THAT'S WHAT THE APPLICANT HAS ASKED FOR.

SO THE ADJUSTMENT THERE WOULD BE FROM ON SUNDAY FROM 1:00 AM DIALED BACK TO 11:00 PM, WHICH I THINK IS A LOT MORE, UM, PROBABLY APPROPRIATE.

AND THEN THE HOURS OF THE OUTDOOR SEATING, I DO THINK WITH THE LOCATION AND, AND EVEN TAKING INTO CONSIDERATION WHAT THE APPLICANT HAS SHARED WITH THE PUBLIC HEARING AND THE TESTIMONY HAS SHARED WITH US, UM, IT IS, YOU KNOW, KIND OF MIXED USE THERE.

AND WITH THOSE RESIDENTS IS RIGHT BEHIND THEM.

YOU KNOW, THEY WOULD HAVE DIFFICULTY WITH NOISE BEYOND 10:00 PM, BUT THE ESTABLISHMENT ADJACENT TO THEM WOULD NOT.

SO THAT'S SOMETHING THAT I'M MINDFUL OF.

SO MY THOUGHT IS THAT OUTDOOR DINING WOULD BE 11:00 AM TO 10:00 PM ON SUNDAY THROUGH THURSDAY AND FRIDAY AND SATURDAY UNTIL MIDNIGHT.

UM, JUST WANT TO THROW THAT AT THE REST OF THE COMMISSION AND, AND HEAR YOUR THOUGHTS ON THAT.

UM, AND IF WE HAVE ANY TYPE OF MOTION TO CONSIDER ONE WAY OR ANOTHER, UH, TO END, I WOULD SAY THAT FIVE MONTH REVIEW PERIOD, UM, IS A LITTLE UNCLEAR ON IF THAT WOULD AUTOMATICALLY COME BACK TO THE COMMISSION.

UM, MY UNDERSTANDING IS THAT THAT RE-REVIEW COULD BE HANDLED MAYBE INTERNALLY.

AND I WOULD LIKE TO MAYBE CLARIFY THAT AND SEE IF WE COULD DEFINITELY HAVE THAT COME BACK TO US IN FIVE MONTHS, GOOD, BAD OR INDIFFERENT AND LESS STAFF NEEDED TO TAKE ACTION PRIOR TO THAT.

[00:35:02]

ROY, DO YOU KNOW IF THAT IS THE WAY IT'S WRITTEN NOW, WOULD IT BE COMING BACK TO THE COMMISSION REGARDLESS WE'RE UNCOMFORTABLE WITH THE WORDING.

WE HAVE NO PROBLEMS TWEAKING IT AND IN A MANNER THAT YOU'RE COMFORTABLE WITH, UM, AS DAVID POINTED OUT, UM, THE FIVE MONTHS IS THE FAR END OUT.

IF, IF WE WERE HAVING PROBLEMS A MONTH OR TWO INTO THIS, WE WOULD PROBABLY BRING IT BACK TO THE COMMISSION BEFORE THE FIVE MONTHS.

UM, BUT DEFINITELY THE INTENT IS TO BRING IT BACK TO THE COMMISSION AND NOT STAFF MAKE THE DECISION.

SO IF YOU THINK THE LANGUAGE NEEDS TO BE TWEAKED, LITTLE BIT TO CLARIFY THAT THAT'S ABSOLUTELY FINE.

OKAY.

I FEEL LIKE THE CONSENSUS AMONGST THE COMMISSION WAS THAT WE WOULD LIKE AN OPPORTUNITY TO REVIEW IT IN FIVE MONTHS.

SO IF WE CAN TWEAK THAT AND MAKE THAT CONDITION ITEM NUMBER THREE, THERE A LITTLE BIT MORE CLEAR TO INDICATE THAT.

AND THEN I'LL JUST THROW IT IN, OPEN IT TO THE REST OF THE COMMISSION TO, UM, JUST MAYBE REACT TO WHAT'S BEEN DISCUSSED AND, OR MAKE A MOTION, UH, ONE WAY OR ANOTHER.

DO YOU WANT TO ROLL CALL IT OR DO YOU WANT ME TO MAKE I'M PREPARED TO MAKE A MOTION UNLESS YOU WANT TO ROLL, CALL IT FOR THOUGHTS? SO WE'RE MAKING A MOTION ON WHAT WE CAN MAKE, WHATEVER EMOTION WE WANT TO MAKE.

UM, I MIGHT NOT HAVE ANY SUPPORT FOR, WELL I'M IN SUPPORTIVE THE SUNDAY.

DEFINITELY.

AND THEN WOULD YOU SAY FOR SATURDAY, FRIDAY AND SATURDAY, SATURDAY 11 TO ONE AND THAT'S AS, AS IT WAS REQUESTED.

AND THEN I JUST LUMPED A SUNDAY IN WITH THE REST OF THE WEEK BECAUSE I THINK THAT'S APPROPRIATE AND IT WOULD BE 11 TO 11.

I THINK WE'RE MOST WORRIED ABOUT THAT, THAT NIGHT TIME.

SO 11:00 PM ON THOSE DAYS AND ON FRIDAY AND SATURDAY 1:00 AM AND THEN AN HOUR BEFORE, UM, EACH DAY TO GET THEM IN INDOORS.

I DON'T THINK ON FRIDAY AND SATURDAY, WE NEED TO HAVE PEOPLE OUT.

SO OUTSIDE BETWEEN 12 AND 1:00 AM IS MY THOUGHTS ON THAT.

CAN I JUST MAKE ONE, UM, MENTION MY ONLY CONCERN, UM, AND I'M TOTALLY EMPATHETIC THAT SUNDAY 11 IS PROBABLY MORE APPROPRIATE IS THAT THERE HAS BEEN PRECEDENT SET WITH THE OTHER BANQUET HALL WHERE THEY FUNCTION FROM TILL MIDNIGHT EVERY DAY.

UM, SO THAT'S MY ONLY HESITATION WITH, UH, CHANGING THAT TO 11.

AND IF I MAY TOO, UH, ASIDE FROM WHAT, UH, COMMISSIONER ROSS SAID ABOUT THOSE USES BEING COMPARABLE AND CUSTOMARY THROUGHOUT THE REST OF THE CITY IS ALSO THE ISSUE THAT THE ACTUAL FUNDAMENTAL HOURS OF OUTSIDE OPERATION ARE NOT CHANGING.

WE'RE TALKING ABOUT THE INDOOR SITUATION.

SO I THINK THAT EVEN IF THE INDOOR SITUATION IS EXACERBATED AND NOISE IS CREATED, WE'VE GOT THE TOOLS NECESSARY TO MAKE CHANGES FOR NOW.

THE ACTUAL OPERATION OUTSIDE IS, IS UNCHANGED.

AND SO FAR IN THE LAST YEAR, WE'VE SEEN VIRTUALLY NO TROUBLE.

SO I DON'T THINK I'D BE INCLINED TO SUPPORT ANY CHANGE IN THE OUTSIDE HOURS.

UH, I TEND TO APPROVE OF THIS AS THE RESOLUTIONS ARE WRITTEN.

SO NOT JUST OUTDOOR DARREN, YOU'RE NOT IN SUPPORT OF ANY MODIFICATION TO THE HOURS OF OPERATION PERIOD, ASIDE FROM HOW THEY'RE WRITTEN.

WELL, I JUST THINK THAT SINCE OTHER FOLKS ARE DOING THE SAME THING, ESSENTIALLY, IT WOULD BE AN UNFAIR BURDEN ON WHAT OTHER FOLKS WOULD BE DOING UNTIL 12.

I DON'T THINK I, I DIDN'T HEAR ANYBODY DOING ANYTHING TILL ONE ON A SUNDAY.

HMM.

YEAH.

GOOD POINT.

I SAY, GIVE ME A SHOT, GO AHEAD, MICHELLE.

AS LONG AS WE'RE COMING BACK IN FIVE MONTHS AND WE DON'T HAVE ANY ISSUES.

UM, BUT I THINK, WELL, SUNDAY LET'S CLARIFY SUNDAY, SUNDAY IS STILL 10 OUTSIDE.

WELL, RIGHT NOW, I THINK AS, AS, AS THE RESOLUTION'S WRITTEN MICHELLE, IT WOULD BE, UM, UNTIL 10 OUTSIDE.

YES.

RIGHT? THAT'S THE, AND IT'S UNTIL MIDNIGHT OUTSIDE ON FRIDAY AND SATURDAY AND UNTIL 11 OUTSIDE.

BUT IF THE REST OF THE COMMISSION'S IN SUPPORT, IT JUST SEEMS LIKE KIND OF INCONSISTENT.

LIKE WE'RE GOING TO LET THEM STAY OPEN UNTIL MIDNIGHT OR ONE O'CLOCK ON SUNDAY, BUT CALL THEM IN AT 10:00 PM ON SUNDAY.

BUT MONDAY THROUGH THURSDAY, THEY CAN BE OUTSIDE UNTIL 11:00 PM.

THAT JUST DOESN'T MAKE SENSE TO ME.

YOU'RE THINKING OF TAKING THE INSIGHT APP OUT ALSO TILL JUST TILL 10 O'CLOCK.

YOU DON'T WANT IT TO GO TO ONE, IS THAT WHAT YOU'RE SAYING FOR OUTSIDE ON THE INSIDE AND OUTSIDE ON SUNDAY, YOU'RE TALKING, IT'S JUST BROUGHT BACK OUTSIDE AN HOUR BEFORE WHAT TIME THEY WERE DONE OPERATING PERIOD.

AND I WAS SUGGESTING THEY'D BE DONE OPERATING ON SUNDAY AT 11.

SO BRING THEM INSIDE AT 10.

AND THAT WOULD BE THE SAME THROUGH THURSDAY.

NOW I UNDERSTAND WHAT THE REST OF THE COMMISSION SAYING IN REGARDS TO OTHER FACILITIES THAT ARE SIMILAR IN THE CITY, UM, BEING OPEN UNTIL 12.

SO AS WE KIND OF DISCUSSED THIS, UM, MAYBE SUNDAYS DIFFERENT, MAYBE WE CAN KEEP SUNDAY LA LUMPED IN WITH FRIDAY AND SATURDAY AND MAYBE SUNDAY IS THAT 12:00 PM.

I JUST THINK ONE IS REALLY LATE ON A SUNDAY.

AND THEN TO BE BRINGING, I MEAN, DARREN, WHAT YOU'RE SUGGESTING IS THAT THE SAME TIMES THAT THEY'RE OPEN OUTSIDE? OH, NO, YOU'RE SAYING YOU'RE GOOD WITH HOW THE WORD THE WORDING IS AND THE RESOLUTION, BUT THEN SUNDAY DOESN'T MAKE SENSE BECAUSE IT'S JUST DIFFERENT THAN THE

[00:40:01]

REST OF THE, THE MONDAY THROUGH THURSDAY.

LOTS OF DAYS, LOTS OF TIMES.

LOTS OF CONFUSION.

MICHELLE, DOES THAT, IS THAT GOOD? SO DAVID, PLEASE CLARIFY THE HOURS FOR US SO THAT WE CAN HAVE A CLEAR, OF COURSE YOU LOOK AT WHAT THIS IS AND THEN, UM, CLARIFY WHAT JASON WAS SAYING DURING THE WEEK OUTSIDE.

YEAH.

ALL RIGHT.

YEAH.

WE'RE A LITTLE CONFUSED NOW.

YEAH.

SO LET'S START OVER AND THEN LET'S LOOK AT THOSE HOURS AGAIN, NOT A PROBLEM.

UH, IN THE STAFF REPORT, THE RESOLUTIONS FOR THE MODIFICATIONS, WE HAVE TWO ATTACHMENTS, SO THAT WOULD BE ATTACHMENTS, UH, TWO AND THREE, AND BOTH INCLUDE CONDITION.

NUMBER TWO, WHICH SPECIFIES THE OPERATOR SHALL BE LIMITED TO THE FOLLOWING HOURS OPERATION FOR THE OUTDOOR SEATING AREA.

AND THOSE WILL BE MONDAY THROUGH THURSDAY FROM 11:00 AM TO 11:00 PM, FRIDAY AND SATURDAY FROM 11:00 AM TO 12, MIDNIGHT AND SUNDAY FROM 11:00 AM TO 10:00 PM, UNLESS MODIFIED BY THE DIRECTOR OF COMMUNITY, COMMUNITY AND ECONOMIC DEVELOPMENT OR DESIGNEE.

SO MAYBE I COULD, IF I'M LISTENING TO YOU CORRECTLY, JASON, UM, COMMISSIONER, I MAYBE LUMP SUNDAY WITH MONDAY THROUGH THURSDAY.

SO IT WOULD BE SUNDAY THROUGH THURSDAY TIL MIDNIGHT AND LEAVE FRIDAY AND SUNDAY, FRIDAY AND SATURDAY TIL 1:00 AM.

THAT'S EXACTLY WHAT THEY'RE ASKING FOR.

WELL, HERE, THEY'RE ASKING FRIDAY TO SUNDAY TIL 1:00 AM.

SO I'M SUGGESTING, AGREEING WITH YOU THAT MAY BE CHANGING SUNDAY TO MIDNIGHT.

HOW IT, HOW IT IS MONDAY THROUGH THURSDAY ONLY BECAUSE THE OTHER FACILITIES ARE OPEN TILL MIDNIGHT EVERY DAY.

SO THEN THAT WOULD ALIGN THEM WITH THE OTHER, UM, OTHER BUSINESSES.

I WOULD BE SUPPORTIVE OF THAT.

I STILL AM NOT SUPPORTIVE OF OUTDOOR AREA OPEN BEYOND MIDNIGHT ON ANY DAY.

I MEAN, I DON'T WANT THAT AT 1245 ON A FRIDAY NIGHT AND SATURDAY NIGHT.

I THINK THAT'S REASONABLE.

I CAN, I CAN STRUCTURE THE MOTION IN SUCH A WAY THAT THE ONLY CHANGE THAT WE'RE MAKING TO THIS IS SHUTTING DOWN AT MIDNIGHT, OUTSIDE ON SUNDAYS.

AND THEN WE, I THINK WE WOULD BE DAVID, CORRECT ME IF I'M WRONG.

CAUSE EVERY TIME I TALK, I CONFUSE MYSELF AND EVERYBODY ELSE.

UM, BUT W WELL, I'M SORRY.

I HATE TO INTERRUPT, BUT I'M JUST, YEAH, I'M CONFUSED TOO, BECAUSE THEY'RE ALREADY CLOSING OUTSIDE AT 10:00 PM ON SUNDAYS.

SO ALL WE'RE DOING IS RESTRICTING INSIDE OPERATIONS, BACKING IT FROM 1:00 AM TO MIDNIGHT, AND WE WOULD HAVE TO ADJUST THAT SECOND ITEM ON THE CONDITIONS THAT TALKS ABOUT OUTDOOR SEATING AREA.

AND WE'RE ACTUALLY GIVING THEM A LITTLE BIT MORE TIME OUT THERE ON SUNDAYS UNTIL 11:00 PM.

IS THAT, AM I READING THAT CORRECTLY? IF, IF I UNDERSTAND THE REQUEST IS TO MODIFY CONDITION NUMBER ONE, WHICH IS THE HOURS OPERATION OF THE FACILITY INSIDE, COULD I, COULD I REPHRASE JUST TRY TO REPHRASE IT AND MAKE IT REALLY CLEAR AND MAYBE I'LL MAKE MORE SENSE THIS TIME.

SURE.

SUNDAY, UH, COMMISSIONER ROJAS.

TELL ME IF I, IF I MESS UP SUNDAY THROUGH THURSDAY HOURS OF OPERATION, 11:00 AM TO MIDNIGHT, THEY CLOSE OUTDOOR DINING AREA AN HOUR BEFORE THAT AT 11:00 PM, FRIDAY AND SATURDAY HOURS OF OPERATION, 11:00 AM TO ONE.

AM THEY CLOSE OUTDOOR AN HOUR BEFORE THAT AT MIDNIGHT? NO, IT'S GOOD.

BUT YOU, DARREN WILL WAIT, WHEN DO THEY, WHEN DO THEY EVER GO PAST 10:00 PM OUTSIDE, OUTSIDE.

AND I'M OKAY WITH THAT.

DO THEY EVER GO PAST 10:00 PM OUTSIDE? STAY OPEN UNTIL ONE O'CLOCK INSIDE AND LIKE COME IN AT 10 ON A SUNDAY, BUT THEY STAY OUTSIDE, BUT RESTAURANTS ARE LIKE THAT.

THEY COME IN EARLY TO THE CLOSE THERE.

SO THEY'RE GOING TO BE, THE HOURS ARE GOING TO STAY LIKE THIS.

MAYBE, MAYBE IF I CAN STEP IN AND TRY TO HELP CLARIFY, BECAUSE I'M JUST AS CONFUSED AS EVERYBODY ELSE.

SO CLEARLY THE, THE INTENT OF WHAT I'M PICKING UP ON IS WE HAVE CONCERNS WITH SUNDAY EVENING OF THE OPERATION OF THE ENTIRE FACILITY INSIDE, OUTSIDE.

DOESN'T MATTER.

WE DON'T THINK THAT IT SHOULD BE OPERATING TILL ONE O'CLOCK IN THE MORNING AT ANY TIME.

THAT SEEMS TO BE A CONSENSUS.

AM I ALL RIGHT? SO THE CONSENSUS IS YOU WANT TO CHANGE SUNDAYS TO MIDNIGHT FOR THE OPERATION OF THE ENTIRE FACILITY, IF THAT'S WHAT I'M HEARING.

CORRECT.

AND THEN THE REST OF THE WEEK OR SO THAT'D BE FRIDAY, SATURDAY AND SUNDAY TILL MIDNIGHT, NO, FRIDAY AND SATURDAY TIL ONE TO ONE AND SUNDAY, MIDNIGHT AND MIDNIGHT, WHICH IS THROUGH THURSDAY ALL THE WAY TO MIDNIGHT, CORRECT? YEAH.

SO THE ONLY SUBSTANTIVE CHANGE IS SUNDAY, ONE HOUR FROM 1:00 AM

[00:45:01]

TO MIDNIGHT AND THERE MORE TIME OUTSIDE ON SUNDAY.

CAUSE IT'S WRITTEN INCONSISTENTLY TO BE INSIDE AT 10:00 PM ON SUNDAY NIGHT.

SO WE'RE GIVING HIM TILL 11:00 PM DURING THE WEEK OUTSIDE, BUT THAT'S WHAT THEY'RE ASKING FOR.

EXCEPT FOR SUNDAY, THEY'RE ASKING TO BE INSIDE AT 10, WHICH SEEMS WEIRD TO ME, BUT IT'S NOT MY BUSINESS.

YEAH, THAT'S FINE.

IF YOU JUST CONSISTENCY, LIKE COME INSIDE AN HOUR BEFORE YOU CLOSE AT THE TIMES THAT WE THINK ARE APPROPRIATE.

SO AGAIN, WHAT WE'RE CHANGING IS SIMPLY BACKING IT UP FROM 1:00 AM TO MIDNIGHT ON SUNDAYS.

THAT'S IT.

SO, UH, WE'RE LETTING THEM BE OUTSIDE ON SUNDAYS THOUGH UNTIL MIDNIGHT AND NOT UNTIL 10:00 PM, HOW IT'S WRITTEN NOW, SO TO CHANGE.

SO IT'S TWO CHANGES.

OKAY.

THAT'S WHAT WE WANTED TO DO.

GIVE HIM TILL MIDNIGHT OUTSIDE.

KEEP IT UP.

WHY DON'T WE JUST MAKE THE ONLY CHANGE THAT THE, THE ONE HOUR LESS ON SUNDAYS AND LET THEM DO THE OUTSIDE STUFF JUST AS PROPOSED? SURE.

OKAY.

ALL RIGHT.

LET ME MAKE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HARBOR APPROVING MODIFICATION TO ONE DASH ZERO TWO TO MODIFY CONDITIONAL USE PERMIT ONE EIGHT DASH ZERO NINE, TO OPERATE A RESTAURANT SLASH BANQUET FACILITY WITH LIVE ENTERTAINMENT, WITH MODIFIED HOURS OF OPERATION.

AND THAT INCLUDES A CHANGE MADE BY THIS COMMISSION TO HAVE THE FACILITY CLOSE AT MIDNIGHT ON SUNDAY FOR BOTH INSIDE AND OUTSIDE DINING, BUT OTHERWISE AT 6 51 WEST WHITTIER BOULEVARD, BUT OTHERWISE MAKING THE APPROPRIATE FINDINGS AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

IF I FEEL LIKE THAT WAS MISSTATED, RIGHT? SO YOU'RE MAKING THIS MOTION WITH THE CONDITIONS AS MODIFIED AND IN YOUR MODIFYING CONDITION, NUMBER ONE, BY CHANGING IT FROM 11:00 AM TO 1:00 AM ON SUNDAY TO MIDNIGHT, CORRECT? THAT'S THE MODIFICATION YOU'RE MAKING TO THE CONDITIONS.

YEAH.

WELL ONLY SPEAKING TO ITEM NUMBER ONE.

THAT'S CORRECT.

I HEARD IT DIFFERENTLY, BUT I WOULD SAY TO CLARIFY, ONLY SPEAKING TO ITEM ONE.

YES, THE CONDITIONS ARE THE SAME ON BOTH RESOLUTIONS.

SO, BUT ITEM NUMBER TWO IS A LITTLE BIT DIFFERENT BECAUSE THAT TALKS ABOUT OUTDOOR DINING AND DARREN BROUGHT UP.

BUT I THINK WE'RE CLEAR WE'RE NOT MODIFYING ITEM NUMBER TWO, CORRECT.

AND MODIFYING.

SO I COULD, I CAN CLARIFY MY EMOTION SAYING THAT WE ARE A MODIFYING CONDITION.

NUMBER ONE, RIGHT BY THE CHANGE IN HOURS FROM 1:00 AM TO 12 FOR HOURS OF OPERATION ON SUNDAYS.

DOES THAT MAKE SENSE? YES.

ALL RIGHT.

THAT'S MY MOTION.

SECOND.

ALL RIGHT.

MOTION HAS BEEN MADE WITH A OF VIGOR BY COMMISSIONER AND EXERIENCE AND SECONDED BY COMMISSIONER BURNEY.

WILL THE SECRETARY PLEASE CALL ROLL OR DO YOU WANT US TO, OKAY.

OKAY.

MOTION HAS PASSED AND THIS WILL BECOME FINAL IN 10 WORKING DAYS UNLESS APPEALED TO THE CITY COUNCIL.

GREAT.

MAY I HAVE ANOTHER MOTION REGARDING THE ALCOHOL SALES? OH, YOU CAN JUST GO.

YOU'RE GOOD HERE.

JUST READ THIS.

UM, SO I EMOTION A RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF LAHABRA APPROVING MODIFICATION, 21 DASH ZERO THREE TO MODIFY CONDITIONAL USE PERMIT 18 DASH 11 FOR AN ON SALE GENERAL ABC TYPE 47 LICENSE WITH MODIFIED HOURS OF OPERATION AND ALLOWING ALCOHOLIC BEVERAGES WITHIN THE OUTDOOR SEATING AREA AT 6 51 WEST WHITTIER BOULEVARD, MAKING THE APPROPRIATE FINDINGS AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

IS THERE A SECOND? DO I HAVE A SECOND? GO AHEAD.

RIGHT.

AND THAT WOULD BE WITH A LOT OF FIGHT CONDITIONS.

NUMBER ONE, AGAIN, WITH MODIFIED CONDITION NUMBER ONE.

AND, UM, I WANT TO MAKE SURE THAT WE DO GET THAT MODIFIED CONDITION.

NUMBER THREE, REGARDING THAT IT WILL AUTOMATICALLY RE REVIEW WITH THE PLANNING COMMISSION, UM, IN FIVE MONTHS.

DO WE HAVE A SECOND I'LL SECOND.

A MOTION HAS BEEN MADE BY COMMISSIONER ROJAS AND SECONDED BY VICE CHAIR.

MUNOS UM, WE'LL GO AHEAD AND VOTE NOW.

OKAY.

MOTION HAS PASSED AND THIS WILL BECOME FINE ON 10 WORKING DAYS AND LESS THAN APPEAL TO CITY COUNCIL.

THANK YOU.

DO WE HAVE ANY CONSIDERATION ITEMS? NO.

DO WE HAVE ANY COMMENTS FROM STAFF? NO.

MR. CHAIRMAN, ANY COMMENTS FROM COMMISSIONERS? SORRY.

WELCOME TO BE A COMMISSIONER ROJAS.

WELCOME TO THE TEAM.

VERY NICE TO HAVE YOU.

THANK YOU.

BEST OF LUCK TO YOU.

I'D LIKE TO ALSO WELCOME.

THANK A NEW DIRECTOR, DAVID CRABTREE, BEING WILLING TO JOIN US AND HIS SERVICE.

[00:50:01]

WELCOME.

AND THAT'S ALL I GOT.

THANK YOU, DARREN COMMISSIONER, BERNIE.

WELCOME ROJAS.

IT'S VERY NICE HAVING ANOTHER WOMAN IN THE ROOM.

NO, I APPRECIATE THAT.

I'M REALLY HAPPY TO BE BACK.

I'VE BEEN GONE FOR A YEAR AND SIX MONTHS.

I'M HAPPY TO SEE EVERYBODY'S FACE SO NICE TO SEE EVERYBODY.

THANKS, MICHELLE COMMISSIONER ROJAS.

UH, YES, I WOULD JUST LIKE TO SAY THANK YOU TO STAFF.

UH, THEY'VE BEEN VERY WELCOMING AND VERY RECEPTIVE, AND I REALLY APPRECIATE ALL OF THE INFORMATION AND, UM, UH, JUST HOW WELCOMING YOU GUYS HAVE MADE ME FEEL.

AND I LOOK FORWARD TO WORKING WITH EVERYBODY ELSE ON THE COMMISSION.

THANK YOU.

LIKEWISE, COMMISSIONER VICE CHAIR, MUNOZ.

WELCOME COMMISSIONER ROJAS.

AND WELCOME BACK, MICHELLE.

NICE TO FINALLY MEET YOU IN PERSON FOR THE FIRST TIME.

WELL, SECOND TIME, SECOND TIME, MAN.

AND THAT'S IT FOR ME.

THANK YOU.

YEAH.

WELCOME BACK, MICHELLE.

WELCOME ESTHER.

GREAT TO HAVE YOU HERE, THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION THIS EVENING AND THE MEETING'S ADJOURNED TO MONDAY, JULY 26TH.