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HE'S COME TO ORDER.

WILL THE AUDIENCE

[00:00:01]

PLEASE STAND AND JOIN COMMISSIONER ROJAS

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, MARCH 28, 2022 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631 Please note that should all business not be concluded by 10:00 p.m., the Chair shall either authorize an extension of time to said meeting or continue all unfinished items to a future meeting, date certain, or date uncertain.]

IN THE PLEDGE OF ALLEGIANCE.

IT'S YOUR RIGHT HAND OVER YOUR HEART.

READY? BEGIN.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

WELL, THE SECRETARY, PLEASE CALL ROLL.

THE MISSIONER ROJAS HERE.

CHAIRMAN LEE, VICE CHAIR, MUNOZ COMMISSIONER BERNIER.

OKAY.

WE'LL MOVE INTO A PUBLIC COMMENT.

PORTION OF THE EVENING.

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

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

SPEAKING TIME IN COMMENTS SHOULD BE KEPT BRIEF, NON REPETITIVE AND PROFESSIONAL IN NATURE, GENERAL PUBLIC COMMENT PORTION OF THIS MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEM OF CITIBUSINESS NOT APPEARING ON THE SCHEDULED AGENDA PER GOVERNMENT CODE SECTION 5 49, 5 4 0.3.

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

DO WE HAVE ANYONE HERE THAT WISHES TO ADDRESS THE COMMISSION ON AN ITEM? THAT'S NOT ON OUR AGENDA TONIGHT.

OKAY, SO SEEING NONE WE'LL CLOSE PUBLIC COMMENTS AND WE'LL 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 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 AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME AND COMMENTS SHOULD BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION THIS EVENING, IT IS THE CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE THROUGH TWO, ALL ITEMS WILL BE APPROVED WITH ONE MOTION UNLESS AN ITEM IS REMOVED FOR FURTHER DISCUSSION.

DO ANY OF THE COMMISSIONERS WISH TO REMOVE AN ITEM? COMMISSIONER ROJAS, NO COMMISSIONER.

BERNAY NO VICE CHAIR MUNOZ.

NO.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO HAVE AN ITEM REMOVED? OKAY.

SEEING NONE.

CAN WE MAKE A MOTION? I MOVED TO ACCEPT THE MINUTES.

DO WE HAVE A SECOND? ALL SECOND.

PERFECT.

SO MOTION TO APPROVE THE CONSENT CALENDAR HAS BEEN MADE BY COMMISSIONER BERNIE AND A SECOND BY VICE-CHAIR MUNOZ.

EVERYBODY.

PLEASE ENTER YOUR VOTE.

MOTION PASSES WITH COMMISSIONER ROJAS, ABSTAINING FROM ITEM NUMBER TWO.

PERFECT.

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

PROCEDURES WILL BE AS FOLLOWS.

THE CHAIR WILL INTRODUCE THE ITEM.

STAFF WILL GIVE A REPORT ON THE ITEM AND 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.

IT DEEMS APPROPRIATE.

IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE FILL OUT A SPEAKER CARD AND LEAVE IT AT THE LECTOR AND WHERE YOU COME FORWARD TO SPEAK.

YOU'LL 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 FIVE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 60 MINUTES FOR ALL PUBLIC COMMENTS FOR EACH PUBLIC HEARING ITEM ON THE AGENDA, UNLESS MODIFIED BY THE CHAIR.

COMMENTS SHOULD BE BRIEF, NON REPETITIVE AND PROFESSIONAL IN NATURE.

WE HAVE TWO PUBLIC HEARING ITEMS THIS EVENING.

OH MY GOSH.

THE FIRST IS DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR AN AMENDMENT TO CHAPTER 2.2 FOR PLANNING COMMISSION OF TITLE, TO ADMINISTRATION AND ORGANIZATION OF THE LABRUM AND MUNICIPAL CODE TO ALLOW THE PLANNING COMMISSION TO MEET ONCE A MONTH AND ZONE CHANGE.

22 DASH 0 1 4 AMENDMENTS TO THE FOLLOWING CHAPTERS OF TITLE 18 ZONING OF THE LAHABRA MUNICIPAL CODE CHAPTER 18.04 DEFINITIONS MODIFYING THE DEFINITION OF FOOD TO GO RESTAURANT CHAPTER 18.06 ZONES ESTABLISHED ZONING MAP BOUNDARIES AND LAND USES ADDING FOOD TO GO AS A PERMITTED USE OUTRIGHT CHAPTER 18.08 GENERAL PROVISIONS EXEMPTING THE CITY FROM THE PROVISIONS OF TITLE 18 CHAPTER 18 POINT 12 SPECIAL DEVELOPMENT STANDARDS MODIFYING THE OUTDOOR SEATING REQUIREMENTS FOR RESTAURANTS, CHAPTER 18

[00:05:01]

POINT 14 OFF-STREET PARKING REQUIREMENTS MODIFYING THE PARKING STANDARDS FOR FOOD TO GO RESTAURANTS, TO BE CONSISTENT WITH ITS DEFINITION AND CHAPTER 18 POINT 80 AFFORDABLE HOUSING INCENTIVES MODIFYING THE STANDARDS AND TEXT FOR CONSISTENCY WITH STATE LAW.

DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM? DO WE HAVE A STAFF REPORT? GOOD EVENING, CHAIRMAN AND COMMISSIONERS.

THE ITEM BEFORE YOU TONIGHT IS, UH, AMENDMENTS TO THE ZONING CODE WITH A COUPLE OF REQUESTS TO MAKE THE CODE EASIER TO IMPLEMENT, UH, TO STREAMLINE SOME OF THE PROJECTS, UH, TO REMOVE UNNECESSARY REGULATIONS AND ALSO CLARIFY OTHER REGULATIONS.

UH, THE FIRST AMENDMENT IS FOR TITLE TO THE ADMINISTRATION AND ORGANIZATION.

THIS IS CHAPTER TWO POINT 24 PLANNING COMMISSION.

THE REQUEST TO CHANGE IS TO, UM, REMOVE THE REQUIREMENT TO MEET TWICE A MONTH FOR PLANNING COMMISSION MEETINGS TO, UH, ONCE A MONTH.

AND THIS IS BASED ON THE AVERAGE OF THE LAST FOUR YEARS.

20% OF THE REGULARLY SCHEDULED PLANNING COMMISSION MEETINGS HAVE BEEN CANCELED AND MORE THAN HALF HAVE ONLY HAD ONE ITEM ON THE AGENDA.

THE REQUEST TO CHANGE IT FROM TWO REGULAR MEETINGS TO ONE REGULAR MEETING WILL INCREASE IN EFFICIENCY, BOTH IN STAFF AND PLANNING COMMISSION, UH, BY GROUPING SOME OF THE PROJECTS TOGETHER.

WE CAN HAVE A, MORE OF A DISCUSSION ON EACH ONE VERSUS HAVING A 15 TO 20 MINUTE DISCUSSION ON THE SINGLE ITEM.

THE NEXT SECTION IS REGARDING ZONE CHANGE, 2201.

SO THESE ARE REQUESTED CHANGES TO THE ACTUAL ZONING CODE.

UH, THE FIRST ONE IS FOUND WITHIN CHAPTER 18.04, THE DEFINITIONS.

UM, SO STAFF IS REQUESTING THE DEFINITION OF FOOD TO GO.

RESTAURANTS BE MODIFIED.

THE CURRENT DEFINITION DOES NOT ALLOW FOOD TO GO TYPE RESTAURANTS, THE ABILITY TO HAVE TABLES AND CHAIRS INSIDE.

SO IT'S ONLY A FOOD TO GO.

OPERATION STAFF IS REQUESTING TO CHANGE THAT, TO GIVE FOOD, TO GO RESTAURANT OPERATORS, THE OPTION TO HAVE ONSITE TABLES AND CHAIRS.

IT IS LIMITED TO FIVE TABLES AND 10 SEATS.

THIS WOULD GIVE THOSE RESTAURANT OPERATORS THE OPTION IF THEY WANTED THEIR CUSTOMERS TO WAIT WHILE THEIR FOOD IS BEING MADE OR ONCE THEIR FOOD IS MADE TO ACTUALLY ENJOY THOSE ITEMS ONSITE.

UM, TYPICAL FOOD TO GO TYPE OPERATIONS, UH, ARE COFFEE SHOPS, BOBA SHOPS, ICE CREAM AND SANDWICHES.

SO THIS IS GEARED TOWARDS THOSE TYPE OF SMALLER TYPE FUNCTIONS.

THE NEXT CHANGE IS CHAPTER 18.06 ZONES ESTABLISHED THE ACTUAL LAND USE MATRIX.

UM, SO GOING ALONG WITH THE FOOD TO GO RESTAURANTS, UM, STAFF IS REQUESTING TO MODIFY THE LAND, USE MATRIX SPECIFICALLY THE CATEGORY FOR, UH, RESTAURANTS, FOOD TO GO RIGHT NOW, THE CODE REQUIRES A CUP FOR FOOD TO GO TYPE FUNCTIONS IN ALL ZONES.

UM, STAFF IS REQUESTING THAT THEY BE PERMITTED BY RIGHT WITHIN COMMERCIAL AND THE SPECIFIC PLAN ZONE AREAS.

UM, WITH THE DEFINITION, UM, IT WOULD ALLOW FOOD TO GO TYPE RESTAURANTS, THE ABILITY TO ESTABLISH BI-RITE GO THROUGH PLAN CHECK, AND ALSO HAVE A SMALL INTERIOR SEATING AREA.

THE CUP WILL STILL BE REQUIRED FOR ANY TYPE OF RESTAURANTS WITHIN THE INDUSTRIAL ZONES, THE PLANT COMMERCIAL OR THE OPEN SPACE ZONE SINCE THOSE FUNCTIONS ARE TYPICALLY FOUND IN THOSE AREAS.

UM, AND THE CP IS STILL GOING TO BE REQUIRED FOR ANY TYPE OF ALCOHOL SALES AND SERVICE IN ANY TYPE OF RESTAURANT FUNCTION.

THE NEXT CHANGE IS CHAPTER, UH, 18.08 GENERAL REGULATIONS.

UM, SO THIS IS TO INCLUDE SECTION B THAT WOULD, UM, EXEMPT OR, OR LIMIT THE CITY FROM THE ZONING CODE WHEN DEALING WITH CIVIC TYPE PROJECTS.

UM, IT, IT'S GOING TO PROVIDE STAFF THE FLEXIBILITY WHEN DEALING WITH, UH, CITY, UH, PROJECTS.

AND THE EXAMPLE EXAMPLE PROVIDED IS A PARKING LOT FOR THE COMMUNITY CENTER.

WHEN WE APPLY THE STRICT INTERPRETATION OF THE ZONING CODE, UM, FULL LANDSCAPING IMPROVEMENTS, IT REDUCES THE NUMBER OF AVAILABLE PARKING SPACES, HOWEVER, BY MODIFYING THE ZONING CODE AND PROVIDING THE CITY, UM, GREATER FLEXIBILITY, WE'RE ABLE TO DESIGN A PARKING LOT WHERE YOU HAVE MORE SPACES.

UM, THE PROJECTS THAT ARE SUBJECT TO A DISCRETIONARY TYPE PERMIT OR ADMINISTRATIVE PERMIT STILL HAVE TO GO THROUGH THE DESIGN REVIEW BOARD.

SO THERE'S STILL A LEVEL OF REVIEW THAT'S REQUIRED FOR THESE TYPE OF PROJECTS.

THE NEXT CHANGE IS CHAPTER 18 POINT 12 SPECIAL DEVELOPMENT STANDARDS, AND THIS IS THE OUTDOOR SEATING AREA.

SO THIS SECTION WAS ACTUALLY ADOPTED AND APPROVED IN 2010,

[00:10:02]

THE 2010 DIVERSION, UH, REQUIRES AN ADMINISTRATIVE JUDGMENT.

SO IT'S ADMINISTRATIVE ALMOST LIKE AN OVER THE COUNTER TYPE PERMIT.

HOWEVER, UH, IT DOES NOT ALLOW THE CONVERSION OF ON-SITE PARKING SPACES INTO OUTDOOR DINING AREAS OR SEATING AREAS.

IN 2020, WE APPROVED OVER 41 TEMPORARY OUTDOOR DINING PERMITS.

THIS WAS A CITY-WIDE INITIATIVE TO HELP RESTAURANTS DURING THE BEGINNING OF COVID.

UM, THIS PERMIT WAS ALSO AN ADMINISTRATIVE PERMIT.

THEY WEREN'T ANY SET APPLICATION FEES OR GENERAL REGULATIONS.

IT WAS JUST A GENERAL GUIDELINE.

UM, IT WAS VERY POPULAR AND, UM, WE ARE REQUESTING TO MODIFY THIS SECTION TO INCLUDE MORE, UH, SIMILAR TYPE LANGUAGE, BUT ALSO PROVIDE, UM, CLEAR DESIGN GUIDELINES AND SAFETY REGULATIONS FOR PERMANENT OUTDOOR SEATING AREAS.

SO THE TWO MAIN CHANGES ARE WHEN YOU HAVE AN OUTDOOR DINING AREA OR SEATING AREA THAT IS LESS THAN OR EQUAL TO 25% OF THE RESTAURANTS, TOTAL FLOOR AREA, THAT'S GOING TO BE APPROVED VIA AN ADMINISTRATIVE JUDGMENT.

SO IT'S FOLLOWING THE SAME LANGUAGE AS IT IS NOW.

IT'S JUST SETTING A SIZE LIMITATION FOR THOSE THAT ARE BIGGER OR LARGER THAN 25%.

THAT'S WHERE IT DOES REQUIRE A MODIFICATION TO THE RESTAURANT CEP.

AND THAT'S WHERE WE WOULD BRING THAT ITEM IN FRONT OF THE PLANNING COMMISSION FOR CONSIDERATION, AS WELL AS REQUIRING A PARKING STUDY, JUST TO VERIFY THAT THERE AREN'T ANY PARKING IMPACTS.

WHEN YOU HAVE AN OUTDOOR SEATING HERE, THAT'S LARGER THAN 25%.

THE 25% THRESHOLD IS CURRENTLY UTILIZING THE SPECIAL EVENT PERMIT GUIDELINES.

SO WE'RE, WE'RE USING THAT MEASURING TOOL AND APPLYING IT TO OUTDOOR SEATING AREAS.

THE NEXT CHANGE IS CHAPTER 18 POINT 14 OFF-STREET PARKING REQUIREMENTS.

AND THIS IS SPECIFICALLY THE TABLE 18 14 0 6 0 B SIX.

SO THIS IS GOING TO IN LINE WITH THE FOOD TO GO RESTAURANT CHANGES.

UH, CURRENTLY WITHIN THE PARKING STANDARDS, IT REQUIRES FOOD TO GO RESTAURANTS, FOUR PER THOUSAND, A STAFF IS REQUESTING TO HAVE THE SAME REQUIREMENT AS A RETAIL, UH, AND GENERAL COMMERCIAL USE.

UM, BASED ON OUR OBSERVATION FOOD TO GO, RESTAURANTS TYPICALLY ARE LOCATED WITHIN A SMALLER SIZE SUITES.

SO THE PARKING IMPACTS ARE VERY MINIMAL.

UM, SO WE'RE UTILIZING THE SAME PARKING STANDARDS AS A RETAIL USE.

THE LAST CHANGE IS A PRETTY SUBSTANTIAL.

THIS IS CHAPTER 18 POINT 80, THE AFFORDABLE HOUSING INCENTIVES.

UM, THIS SECTION HAS BEEN NEEDED, UH, TO BE UPDATED, TO COMPLY WITH THE CURRENT STATE LAW.

UM, IN EXHIBIT G WE HAVE THE, UH, PROPOSED LANGUAGE IN BLUE AND THEN, UH, RED OUTLINES, THE REVISED OF THE REMOVED LANGUAGE.

UM, SO THE MAJOR CHANGES ARE ADDING NEW DEFINITIONS, WHICH WERE MISSING FROM THE CURRENT SECTION.

UH, WE ARE ALSO ADDING TO THE TABLES.

THE CURRENT TABLE KEPT DENSITY BONUSES AT 35%.

UM, THE STATE AUTHORIZES UP TO 50% DENSITY BONUS, OR OUR CODE WAS MISSING THAT, UM, WE'VE ALSO ADDED LANGUAGE FOR CONTINUED AFFORDABILITY.

UM, THE CURRENT CODE DID NOT HAVE CERTAIN CRITERIA THAT THE STATE AND THE GOVERNMENT CODE INCLUDED.

SO WE'RE UPDATING IT, REVISING IT TO MATCH THE GOVERNMENT CODE.

UM, ALSO THE INCENTIVES, UH, THAT SECTION WAS ALSO UPDATED TO REFLECT THE GOVERNMENT CODE SECTION.

AND THESE WERE ALL MIRRORED USING GOVERNMENT CODE, UH, 6 5 9 1 5 THROUGH 6 5 9 1 8.

AND THAT CONCLUDES THE PROPOSED CHANGES.

SO AGAIN, THESE ARE ALL, UH, PROPOSED TO MAKE THE ZONING CODE EASIER TO UNDERSTAND, CLARIFY SOME OF THE REQUIREMENTS AND, UH, COMPLY WITH STATE LAW.

THIS CONCLUDES MY PRESENTATION AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU, DAVID.

AT THIS TIME, I'LL ASK THE COMMISSION, IF THEY HAVE ANY QUESTIONS OF YOU OR A STAFF, UH, COMMISSIONER ROSS.

I DO NOT.

THANK YOU, COMMISSIONER BERNIE? NO, I'M OKAY.

RIGHT NOW VICE-CHAIR MUNOZ.

YEAH, I KINDA JUST WANTED TO TOUCH, UM, ARE WE DIVING RIGHT INTO IT? UH, WE'RE GOING TO GO, UH, QUESTIONS AND THEN PUBLIC COMMENT AND THEN DISCUSSION AFTER.

OKAY.

SO MAYBE SAVE YOUR APPREHENSION FOR DISCUSSION.

OKAY.

YEAH.

ONE QUESTION ON CHAPTER 18 POINT 12 FOR THE OUTDOOR REQUIREMENT, UM, JUST TO BE CLARIFIED, THE PARKING STUDY WOULD ONLY BE FOR THE LARGER, IF IT'S 25% OR INCLUDING THE LE THE LESS THAN 25%

[00:15:01]

CORRECT PARKING STUDIES WOULD ONLY BE TRIGGERED FOR, UH, AFTER SENIOR YEARS LARGER THAN 25%.

SO IF IT'S LESS THAN 25%, UM, AND IF THEY ARE EATING UP PARKING, WE, WE WOULDN'T LOOK AT THAT OR CORRECT.

YEAH.

THERE'S NO SET PARKING STANDARD.

OKAY.

UM, ON THAT, UM, JUST STAY AT INTERRUPT.

SORRY.

THE, CAUSE MY QUESTION RELATES TO THAT.

EXACTLY.

I THINK THE NUMBER THAT YOU MENTIONED THAT WE PROCESSED EARLIER DURING LIKE COVID, I GUESS, 20, 20 YEARS OR SOMETHING LIKE THAT, UM, WAS A 41 41.

AND DO WE KNOW OF THE 41, HOW MANY OF THOSE WOULD FALL BELOW OR ABOVE THAT 25% THRESHOLD? THAT'S A VERY GOOD QUESTION.

OKAY.

UH, THERE'S STILL SOME THAT ARE OUT, UM, FOR EXAMPLE, NICO NICO, OR I'M SORRY.

UM, HE GOES SUSHI, THE, UM, RESTAURANT ON THE CORNER OF HACIENDA AND WHITTIER.

UH, WE HAVE ANOTHER BAR, SO THERE ARE STILL MAYBE A HANDFUL THAT HAVE OUTDOOR SEATING AREAS.

WE DO HAVE APPROVED PLANS.

I JUST DON'T HAPPEN TO HAVE THOSE WITH ME TO PROVIDE SOME MEASUREMENTS.

UM, 250 SQUARE FEET WAS THE PREVIOUS NUMBER.

UM, BUT AGAIN, BASED ON THE RESTAURANT SIZE, IT MAY BE SIMILAR TO WHAT WE HAVE OUT THERE NOW THAT CURRENTLY EXISTS IT'S BEING USED, OR IT MIGHT ACTUALLY BE REDUCED.

I WAS AT THE NORTH GATE THAT SHOPPING CENTER.

UH, I THINK THAT WOULD PROBABLY WOULD HAVE BEEN FRIDAY OR SATURDAY NIGHT AND JUST TIMING IS EVERYTHING.

AND AS I WAS PULLING IN, UM, I WENT TO A STRANGE DIRECTION THAT I WOULD NOT NORMALLY GO IN.

AND JUST ALL OF THIS IS JUST KIND OF INTERESTING.

AND SO I WAS, I WAS FACING, I DON'T, DON'T RECALL THE NAME OF THE CRAB RESTAURANT, UM, WHATEVER IT IS RIGHT THERE.

LIKE THE IT'S NOT CRAB SHACK, BUT IT'S SOME BOIL, LIKE IT'S NOT BOILING CRAB, BUT WHATEVER THAT ONE IS RIGHT THERE, AND THEY'RE STILL ALL SET UP, YOU KNOW? AND I JUST, WHAT STRUCK ME AT THAT MOMENT WAS, YOU KNOW, AT SOME POINT THIS IS GOING TO BECOME AN ISSUE FOR SOMEBODY, RIGHT.

UM, THAT PARKING RIGHT THERE IN THAT PARTICULAR AREA IS A LITTLE CRAZY.

UM, AND THEN THAT EXASPERATES IT.

SO IT JUST, I'M GLAD THAT THIS IS COMING UP RIGHT NOW.

LIKE THE TIMING IS PERFECT.

UM, I HIJACKED YOUR QUESTION MANNY THOUGH.

SO GO AHEAD.

NO, I THINK IT WAS JUST THAT I JUST WANTED CLARIFICATION ON, AT WHAT POINT WE WOULD LOOK AT PARKING.

SO BELOW THE 25% THRESHOLD, WE JUST DON'T EVEN LOOK AT IT.

THERE'LL BE BI-RITE ADMINISTRATIVE AND THEN ANYTHING LARGER THAN 25% PARKING STUDY AND PLANNING COMMISSION APPROVAL.

OKAY.

AND, UH, AM I CORRECT IN UNDERSTANDING THAT OF THE 41? IT SEEMS LIKE A LOT ARE NOT SET UP FOR OUTDOOR SEATING STILL.

LIKE THEY'VE PULLED OFF.

THERE'S ONLY A HANDFUL THAT CURRENTLY HAVE AFTER SEEDING.

SO ONCE THESE ARE ADOPTED THOSE RESTAURANTS THAT HAVE THAT CURRENTLY HAVE OUTDOOR SEATING WILL BE NOTIFIED AND GIVEN THE OPTION TO GO THROUGH ADJUSTMENT BASED ON THE SIZE OR GO THROUGH PLANNING COMMISSION.

SO WE'RE GOING TO WORK WITH THEM ON, OR MAYBE THAT WOULD JUST BE LIKE, THEY'RE KIND OF NUDGED TO CLOSE UP SHOP AND GO BACK INSIDE, CORRECT.

OR GIVING THEM THE OPTION.

IF YOU WANT TO KEEP IT, YOU MAY HAVE TO REDUCE IT TO BE UNDER THE CERTAIN THRESHOLD OR YOU YOU'RE GOING TO HAVE TO GO THROUGH A PLANNING COMMISSION APPROVAL TO GET IT ALL UP.

AND WE DON'T, WE DON'T HAVE A VERY PRECISE IDEA OF HOW MANY OF THOSE THAT ARE OUT THERE.

UH, I DO HAVE A COUNT OF BASED ON THE 41.

I CAN GO BACK AND VERIFY DRIVING AROUND AND SEE WHICH ONES, BUT JUST VISUALLY DRIVING THE CITY.

THERE'S PROBABLY LIKE A HANDFUL, LIKE MAYBE FIVE OR SIX THAT ARE STILL OUT.

OKAY.

GOT IT.

DO YOU HAVE ANYTHING ELSE ON THAT? THAT'S IT FOR QUESTIONS, DAVID, YOU REFERENCED, UM, ON ITEM 18, THE LAST ITEM I 18 POINT 80 THAT WAS JUST KIND OF BECAME MORE CONSISTENT WITH GOVERNMENT LANGUAGE.

UM, AND YOU, YOU REFERENCED, UH, 65, 9 1 5 TO 65 9 1 8.

WHAT IS THAT? UH, THAT'S ACTUALLY THE GOVERNMENT CODE SECTION.

UM, SO ONLINE, THE GOVERNMENT CODE SECTION GOES THROUGH EACH LAW THAT'S ADOPTED, UH, SPECIFICALLY 6, 5, 9 1 5 THROUGH 6, 5, 9 1 8 REFERENCE DENSITY BONUS, AND OTHER INCENTIVES.

OKAY.

SO THAT'S, THIS IS THE CHAPTER THAT OUR MUNICIPAL CODE HAS TO MIRROR AND WE CURRENTLY, WE DON'T HAVE THAT CORRECT.

SO WE'RE JUST TAKING THE LANGUAGE AND JUST KIND OF COPY AND PASTING IT OVER.

IT'S FOLLOWING THE SAME FORMAT AS THE GOVERNMENT CODE SECTION.

UM, BUT WE ARE MISSING BITS AND PIECES, UH, THAT WERE ADOPTED IN 2021 THAT WENT INTO EFFECT IN 2021.

SO OUR CODE TECHNICALLY KIND OF OUTDATED AT THAT POINT.

CORRECT.

GOT IT.

OKAY.

I HAD A, A COUPLE OF QUESTIONS REGARDING LIKE THE FIRST ITEM, UM, WITH THE, THE MEETING TIMES AND MEETING DATES.

SO I THINK YOU MENTIONED DAVID THAT 20%, THIS WAS JUST A LOOK AT LAST YEAR.

WAS IT THAT THE 20% NUMBER, 20% OF THE MEETINGS WERE CANCELED IN 2021? WHAT DID YOU GO BACK THE LAST 12 MONTHS FROM TODAY?

[00:20:01]

IT'S ACTUALLY THE LAST FOUR YEARS FROM 20, 20, 20 18 THROUGH 2021.

SO 2018 TO 2021, THAT'S WHERE 20% WERE OF THE MEETINGS WITHIN THAT, UH, AGE, AGE.

I THINK THAT YEAR WOULD THAT TAKE LIKE IN MY MEMORY IS NOT PERFECT.

SO FORGIVE ME.

BUT WOULD THAT TAKE INTO ACCOUNT MAYBE SOME MEETINGS DURING PANDEMIC THAT WE JUST DIDN'T REALLY HAVE BECAUSE THOSE WEREN'T HAPPENING OR DID WE EVER MISS BECAUSE OF THAT, ROY NEVER COUNSEL A MEETING BECAUSE OF COVID BECAUSE OF COVID.

OKAY.

WE WENT TO ZOOM MEETINGS, AS YOU RECALL FOR OKAY.

WITH THE EXCEPTION OF THE ONE MEETING THAT WAS CANCELED SINCE I'VE BEEN HERE, WHEN MY ENTIRE PLANNING STAFF WAS OUT, DID A COVID ABOUT ONE, OKAY.

ONE.

OKAY.

I FORGET I WAS OUT SICK.

I MISSED THAT ONE ONCE THE PANDEMIC WAS OVER.

SO 20% OF THE LAST FOUR YEARS CANCELED BECAUSE STAFF HAD COVID OR, AND, OR THERE WAS NOTHING FOR THE AGENDA.

IS THAT FAIR TO SAY? AND YOU MENTIONED, I THINK AFTER THAT, THAT THERE WAS, AND I MISSED THE NUMBER, UM, SEVERAL MEETINGS WHERE THERE WAS JUST ONLY ONE ITEM ON THE AGENDA, MORE THAN HALF, MORE THAN HALF, MORE THAN HALF.

OKAY.

SO I GUESS MY FOLLOW-UP QUESTION WOULD BE, CAN WE SHARE ABOUT LIKE, WHAT WOULD THE PLAN BE THAT WE WOULD GO TO ONCE A MONTH? AND IF THERE WAS AN ITEM THAT SURFACED, YOU KNOW, THAT MISSED THE CUTOFF FOR THAT, THAT MEETING THAT WAS, WE JUST MISSED HER OR WAS UPCOMING, BUT WE JUST DIDN'T GET IT IN A TIME TO NOTIFY OR WHATEVER IT MAY BE.

WE JUST WOULD KICK THAT TO THE FOLLOWING MEETING IN THE NEXT MONTH.

WOULD THAT BE THE PLAN? HAVE WE MADE IT THAT FAR? OR COULD WE HAVE A SPECIAL MEETING? I MEAN, IF IT WAS SOMETHING URGENT, YOU, YOU, THE WAY THE CODE READS IS MINIMUM ONCE A MONTH, YOU CAN HAVE AS MANY MEETINGS A MONTH AS YOU DEEM NECESSARY.

UM, FOR EXAMPLE, IN WHEN WE DID THE WESTRIDGE PROJECT, WE HAD MEETINGS FOUR CONSECUTIVE NIGHTS IN A ROW.

SO, UM, SO LIKE FOR RUBY REDS, FOR EXAMPLE, SO WE HAD THIS MEETING AND WE CONTINUED THEM TO THE NEXT MEETING, WHICH WAS TWO WEEKS WHILE UNDER THE NEW FORMAT, IT WOULD BE A MONTH.

BUT IF YOU FELT TWO WEEKS WAS MORE APPROPRIATE, YOU COULD CALL FOR A SPECIAL MEETING AND ADJOURN TO US DATE SPECIFIC FOR TWO WEEKS LATER IS TO THE WAITING THE MONTH, IF YOU WANT IT, I GUESS I WOULD BE CONCERNED THAT MAYBE THE COMMISSION WOULDN'T EVEN BE KIND OF PRIVY TO THAT, THAT THAT DISCUSSION COULD HAPPEN AFTER THAT MEETING.

AND THEN THAT DECISION IS JUST GOING TO BE MADE BY STAFF, WHICH, I MEAN, STAFF HAS THE ABILITY TO DO THAT.

UM, BUT LIKE FOR THE, RUBY'S JUST USE THE RUBY'S REDDIT AS AN EXAMPLE, IF, YOU KNOW, IF THAT APPLICANT WANTED TO PROCESS THAT QUICKER AND WANTED A SPECIAL MEETING WHO MAKES THAT DETERMINATION IS THAT STAFF IS THAT THE COMMISSION IS THAT BOTH, IS THAT NEITHER THE COMMISSION, THE STAFF CAN'T CALL A SPECIAL MEETING.

THE COMMISSION HAS TO.

SO IF THAT WERE TO HAPPEN IN THAT SCENARIO, STAFF WOULD JUST DIRECT TO THE CHAIR AND TO THE REST OF THE COMMISSION AND TRY TO ARRANGE AND SCHEDULE A SPECIAL MEETING.

WE WOULD OFFER UP OPTIONS.

OKAY.

SO THAT YOU COULD CONTINUE IT TO THE NEXT REGULARLY SCHEDULED MEETING.

YOU COULD CONTINUE IT TO A DATE, SPECIFIC WHATEVER MEETING YOU WANT TO HAVE, OR YOU CAN CONTINUE IT TO A DATE.

WHAT ABOUT AN UNDETERMINED AND UNDETERMINED? WHAT ABOUT FOR A NEW ITEM? LIKE A, JUST SOMETHING THAT JUST CAME NEW ACROSS OUR DESK, OR W OBVIOUSLY THAT PROBABLY WOULD BE UNUSUAL THAT IT WOULD JUST POOF APPEAR, BUT SOMETHING THAT WE'D BEEN WORKING TOWARDS THAT JUST BARELY MISSED IT.

UM, AND LET'S SAY THAT APPLICANT REALLY WANTED TO GET THAT TO A MEETING AND THAT APPLICANT HAD TO WAIT ANOTHER MONTH OR THAT APPLICANT WOULD JUST HAVE TO, YOU KNOW, TRY TO PUSH STAFF TO URGE THEM TO MAYBE SCHEDULE A SPECIAL MEETING AND TRY TO WORK TOWARDS THAT.

AN APPLICANT COULD RE COULD REQUEST THAT.

OKAY.

BUT IT'S UNLIKELY.

I MEAN, UM, YOU KNOW, BY THE TIME THE COMMISSION GETS SOMETHING, YOU KNOW, STAFF'S BEEN WORKING WITH THEM FOR MANY MONTHS, RIGHT.

SO, YOU KNOW, IN TERMS OF WHAT THE DATES ARE AND THE DEADLINES TO GET THINGS FOR SPECIFIC MEETINGS, UH, YOU KNOW, THE APPLICANTS ARE WELL AWARE OF THAT, THAT IF YOU WANT TO GET ON THIS MEETING, YOU NEED TO GET US THE INFORMATION WE'RE ASKING FOR BY SUCH AND SUCH A DATE SO THAT WE CAN DO THE LEGAL ADVERTISEMENT, BECAUSE ULTIMATELY THAT'S WHAT DETERMINES WHEN YOU CAN GO TO THE MEETING IS THE ABILITY TO DO THE LEGAL NOTIFICATION 10 DAYS PRIOR TO THE MEETING.

OH, IF WE WENT BY THAT

[00:25:01]

CASE, THAT THE AMAZON THING WOULD HAVE, YOU KNOW, WHO KNOWS IF WE WOULD HAVE BEEN HERE IN TIME FOR THAT, UH, FAIR TO TAKE PLACE, YOU KNOW, WE COULD GO CAUSE WE GOT IT RIGHT BEFORE.

SO THAT'S WHY HE'S ASKING.

YES, THAT THAT WAS AN UNUSUAL CIRCUMSTANCE.

CERTAINLY.

UM, AND IF I MAY, I WOULD SAY THAT, UM, AS THE DIRECTOR I'VE REALLY, UM, TRIED TO IMPAIR ON OUR STAFF, THAT I WANT US TO BE VERY CUSTOMER SERVICE FOCUSED AND STREAMLINE THE PERMITTING PROCESS AS MUCH AS WE CAN.

AND SO TO THE EXTENT THAT WE CAN REALLY HELP OUR APPLICANTS GET TO THE SOONEST PLANNING COMMISSION AS POSSIBLE, THAT REALLY IS OUR GOAL.

AND SO WE WOULD BE WORKING WITH THEM TO MAKE THAT POSSIBLE.

SO, YOU KNOW, IT WOULDN'T BE, WE WOULDN'T WANT TO USE THIS TO GATEKEEP PROJECTS FROM YOU.

IT'S MORE, WE DON'T WANT TO WASTE TIME.

EVERYONE'S TIME.

WE DON'T NEED TO MEET.

AND JUST TO MAKE IT A LITTLE BIT MORE STREAMLINED BECAUSE THERE'S A LOT OF EFFICIENCIES ON US HAVING ONE FULL AGENDA INSTEAD OF TWO MEETINGS A MONTH WITH ONE ITEM ON EACH AGENDA.

GOT IT.

THANK YOU.

SO MY QUESTION WOULD BE, IF WE'RE GOING TO DO THAT, MAYBE WE NEED TO CONSIDER, UH, VIDEOTAPING THE MEETINGS SINCE IT'S ONLY GOING TO BE ONE A MONTH.

IS THAT IN CONSIDERATION? OR YOU GUYS HAVE THAT CONVERSATION AT ALL? NO, WAIT, WAIT, WE'VE NEVER HAD THAT CONVERSATION.

IF THE COMMISSION, UM, WISHED TO BE TAPED OR, YOU KNOW, OR LIVE OR WHATEVER, I, WE, YOU WOULD NEED TO BRING THAT TO THE STAFF.

AND SO WE COULD RESEARCH THAT AND FIND OUT WHAT WE NEED TO MAKE THAT HAPPEN.

THERE'S BUDGET IMPLICATIONS WITH THAT.

SO, UM, IF YOU, IF YOU WANTED WITH ANY OF ANY ORDINANCE LIKE THIS, WHERE YOU'RE MAKING A RECOMMENDATION TO THE COUNCIL, YOU COULD ADD THAT AS PART OF YOUR RECOMMENDATION ON THE APPROVAL OF THE ORDINANCE THAT THEY CONSIDER, UM, VIDEOTAPING MEETINGS.

WHAT THIS IS DOING IS IT'S JUST SETTING THE MINIMUM NUMBER OF MEETINGS.

FOLLOWING THIS, A RESOLUTION WILL BE BROUGHT TO YOU TO SET THE DATE AND TIME FOR YOUR UPCOMING, FOR YOUR MEETINGS, FOR YOUR SCHEDULE.

AND AT THAT TIME YOU COULD, WE COULD TALK ABOUT, YOU KNOW, SHOULD THERE BE VIDEOTAPING, SHOULD THERE BE THOSE THINGS? AND WE CAN LOOK AT WHAT THE BUDGETARY IMPACT THAT WOULD BE TO HAVE, UM, THAT PUT IN PLACE.

BUT THAT'S CERTAINLY SOMETHING THAT WE COULD ADD TO COUNCIL'S CONSIDERATION OF, YOU KNOW, YOU WOULD BE WILLING TO HAVE A MINIMUM OF ONE, A MINIMUM OF ONE, IF THEY COULD BE VIDEOTAPED, YOU KNOW, AND THAT'S YOUR RECOMMENDATION.

SO, AND THIS IS REALLY A SIGN OF, OF LAHABRA BECOMING A BUILT-OUT CITY.

YOU KNOW, THERE'S JUST NOT GOING TO BE AS MANY PROJECTS COME THROUGH BECAUSE THERE'S NOT THE AMOUNT OF VACANT LAND WE USED TO HAVE.

UM, AND KEN YEARS AGO, IT WOULD'VE, IT WOULD HAVE BEEN COMMON FOR US TO HAVE EIGHT OR NINE ITEMS PER AGENDA TWICE A MONTH.

YOU KNOW, WE'RE JUST NOT DEALING WITH THAT VOLUME OF APPLICATIONS.

GOOD FOR OUR JOB SECURITY, ROY, YOU GUYS ARE HAVING A SECURE JOB BEFORE.

I DO HAVE A QUESTION THOUGH.

UM, AND CORRECT ME IF I'M WRONG.

IS THERE A POLICY AT THE CITY COUNCIL LEVEL THAT LIKE THE PUBLIC HEARING MEETINGS WOULD END LIKE AT 10 OR SOMETHING LIKE THAT? DIDN'T IT COME ABOUT? LIKE FOR RENTAL HUMBER OR SOMETHING AFTER THAT WAS THE, THE, THE WAY THE ORDINANCE IS WRITTEN, THE COMMISSION CAN, UH, SET THEIR TIME AND DATE OF THEIR, OF THEIR MEETINGS.

AND AT THE SAME, THE COUNCIL WAS CONSIDERING THOSE RULES AT THE SAME TIME FOR THE COUNCIL.

AND THEY SET A DEADLINE, I BELIEVE IT WAS 10 O'CLOCK.

IF IT GONE BEYOND THAT, THEN THEY CLOSED THE MEETING AND CONTINUE IT.

AND I THINK THE COMMISSION FOLLOWED SUIT, BUT YOU CERTAINLY WEREN'T BOUND TO DO THAT JUST BECAUSE THE COUNCIL DID.

SO IN THIS CASE, IF WE ENDED UP GOING TO ONE MEETING A MONTH, WOULD WE FOLLOW THAT UP? I'M JUST CONCERNED THAT IN THE SENSE THAT SENIOR ROLES WHERE YOUR RULES RIGHT NOW, IF A MEETING GOES LONGER THAN 10 O'CLOCK, UM, THAT YOU KNOW, THAT THE CHAIR HAS THE OPTION OF CONTINUING IT TO ANOTHER TIME OR GOING, GOING LATER THAT NIGHT.

OKAY.

SO AGAIN, BASED, BASED ON THE VOLUME WE'VE SEEN OVER THE LAST FIVE YEARS, UM, UNLESS YOU HAVE A, UH, EXTREMELY UNUSUAL PROJECT, LIKE WESTRIDGE, WE, YOU KNOW, WE DON'T ANTICIPATE YOUR MEETINGS GOING THAT LENGTH, THAT LENGTHY.

OKAY.

OKAY.

UM, LET'S GO AHEAD AND OPEN UP A PUBLIC HEARING.

WE'LL HEAR FROM ANYBODY THAT'S HERE 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.

OKAY.

SO SEEING NONE, UM, WE'LL HEAR FROM ANYBODY THAT'S WISHING TO SPEAK IN OPPOSITION TO THE PROJECT, IF YOU WISH TO SPEAK IN OPPOSITION, COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.

NO.

PERFECT.

OKAY.

SO WE WILL CLOSE PUBLIC HEARING AND GO BACK TO THE COMMISSION FOR MORE DISCUSSION AND OR

[00:30:01]

EMOTION.

UM, I DON'T KNOW IF WE'RE PREPARED FOR EMOTION, BUT ANYTHING ELSE, UM, TO ADD COMMISSIONER ROJAS, I GUESS, JUST SO THAT WE'RE CLEAR.

I MEAN, ULTIMATELY THIS IS JUST SETTING THE MINIMUM, SO IT'S JUST THE FLOOR, MEANING WE JUST, WE ARE DEFINITELY REQUIRED TO HAVE ONE MEETING.

AND OBVIOUSLY IF AT THAT MEETING, THERE IS AN ITEM THAT NEEDS TO COME BACK SUCH AS THE BARBECUE ONE AT THAT MEETING, WE CAN SET A SPECIAL MEETING FOR TWO WEEKS FROM NOW.

SO I THINK ULTIMATELY THE COMMISSION STILL HAS THE ABILITY TO CALL A SPECIAL MEETING OR ANOTHER MEETING IN THAT MONTH IF NECESSARY.

UM, BUT AT LEAST THAT'S WHAT I'M HEARING, RIGHT.

THAT WE'RE NOT FORBIDDEN FROM DOING THAT.

CORRECT.

OKAY.

THAT MAKES SENSE.

SO, OKAY.

THANK YOU.

THAT'S ALL COMMISSIONER BURNETT.

ANYTHING ELSE TO KIND OF ADD? NO, I, I, IF WE DO, YOU KNOW, IF WE'RE GOING TO PASS THE, SOME, YOU KNOW, FOR A COMMISSION TO GO TO ONCE A MONTH, I WOULD LIKE DEFINITELY TO ABUSE.

THERE'S SOMETHING ADDED FOR CONSIDERATION FOR COUNSEL TO VIDEOTAPE IT.

AND I'M JUST THINKING, YOU KNOW, TRANSPARENCY SINCE THERE WAS ONLY ONE.

OKAY.

THAT'S MY THINKING.

OKAY.

VICE-CHAIR MONOS.

I THINK MY ONLY HESITATION IS JUST THE PERCEPTION AND THE SENSE OF GOING FROM TWO MEETINGS TO ONE FROM LIKE THE BUSINESS COMMUNITY AND THE DEVELOPMENT COMMUNITY, BECAUSE FOR THE MOST PART I'VE SEEN MOST CITIES HAVE PLANNING COMMISSION TWICE A MONTH, BUT I MEAN, I THINK THAT'S MY ONLY HESITATION AND, UM, LIKE COMMISSIONER ROSE STATED.

YEAH.

I THINK PROJECTS THAT WE'RE ALREADY WORKING ON HERE.

YEAH.

BUT IF WE HAVE OTHER PROJECTS THAT, YOU KNOW, THEY WANT TO MOVE UP THEIR TIMELINE, BECAUSE IN ESSENCE, WE'RE PUSHING THEM BACK TWO WEEKS NOW, SINCE WE'RE GOING ONCE A MONTH VERSUS TWICE A MONTH.

SO THAT'S MY ONLY HESITATION, BUT I MEAN, I, YEAH, I COULD ECHO THAT AS WELL.

I, THAT'S A CONCERN FOR ME.

UM, I HEAR, YOU KNOW, EVERYTHING THAT YOU'RE SAYING, DIRECTOR KIM AND I DON'T DISAGREE, AND I KNOW THAT STAFF IS DOING EVERYTHING THAT THEY CAN TO STREAMLINE AND TO PROCESS THESE.

AND I DON'T THINK WE'RE TRYING TO GET IN THE WAY OF ANY OF THAT AT ALL.

UM, BUT THE PERCEPTION OF THE PUBLIC, YOU KNOW, WOULD CONCERN ME A LITTLE BIT.

UM, I DON'T KNOW.

I THINK TO ME, MY FEAR WOULD BE THAT A SPECIAL MEETING SOUNDS GREAT, BUT THEN TRYING TO GET A QUORUM FOR A MEETING THAT'S NOT ON ANYBODY'S CALENDAR TO BEGIN WITH.

I THINK WE WOULD FIND OURSELVES HAVING A DIFFICULTY DOING THAT.

UH, IT SEEMS LIKE IT'D BE EASIER TO HAVE A MEETING AND JUST CALL THE MEETING OFF.

AND EVERYBODY GETS TO BE AT HOME THAT NIGHT INSTEAD OF BE HERE THAN IT WOULD BE TO TRY TO SCRAMBLE, UH, TO MAKE IT HAPPEN FOR US ALL, TO BE HERE.

I COULD SEE THAT HAPPENING.

UM, NOW MAYBE THE IN-BETWEEN OF THAT IS THAT JUST GOING TO RESULT IN US HAVING A LOT OF MEETINGS, LIKE YOU TALKED ABOUT DAVID WITH JUST ONE ITEM ON THEM.

UM, MAYBE THAT'S THE COLLATERAL DAMAGE THAT WE HAVE TO DEAL WITH.

AND I KNOW THAT THERE'S PROBABLY BUDGET IMPLICATIONS OF THAT.

UM, ALL THINGS CONSIDERED, I DON'T THINK I'M REALLY IN SUPPORT OF GOING TO ONE MEETING A MONTH.

UM, SO IF I WERE TO MAKE A MOTION, I WOULD BE MODIFYING THAT TO KEEP IT THE WAY IT IS AT TWO MEETINGS A MONTH, WE STILL HAVE THE DISCRETION TO DO A SPECIAL MEETING, LIKE ROY SAID, SO WE COULD DO MORE THAN TWO MEETINGS A MONTH.

UM, BUT THAT'S WHERE I'M AT.

AND IF, IF A MOTION TO THAT EFFECT MAKES SENSE, I'M HAPPY TO MAKE IT.

UM, UNLESS THERE'S ANOTHER MOTION THAT ANYBODY ELSE WANTS TO MAKE, WHAT YOU COULD DO, ABSENT A SMILE HAPPINESS CITY ATTORNEY HERE TO SPEAK ON THE ORDINANCE IS YOU COULD REMOVE, IF YOU CHOOSE, YOU COULD REMOVE THAT SECTION, WHICH IS, UM, I BELIEVE IT'S EXHIBIT AGE, THE STAFF REPORT, DAVID CAN CORRECT ME IF I'M WRONG.

SO YOU COULD MOVE THE RESOLUTION WITH THE EXEMPTION OF, UM, THE, UM, TITLE TWO AND EXHIBIT A.

SO THAT WOULD JUST BE KIND OF OMITTING THAT CORRECT.

LIKE IT WAS NEVER EVEN REALLY PART OF THAT.

SO THEN WE WOULDN'T HAVE TO, YOU KNOW, KIND OF MODIFY THE RESOLUTION.

WELL, I GUESS WE ARE IN EFFECT, BUT BY JUST OMITTING EXHIBIT A, THAT'D BE A CLEANER WAY TO DO IT.

ANY CHANGES TO TITLE TWO? HOWEVER, I WOULD SAY, AND WE PROBABLY SHOULD HAVE HAD A CITY ATTORNEY HERE PRESENT FOR THIS TYPICALLY, UM, THE PLANNING COMMISSION DOESN'T HAVE PURVIEW OVER ANY OTHER TITLES EXCEPT TITLE 18, WHICH IS ZONING.

AND THIS IS A TITLE TO CHANGE.

WE ARE CERTAINLY GOING TO BRING THIS ENTIRE DISCUSSION TO CITY COUNCIL AND THEY CONSIDER IT, BUT IT MAY NOT NECESSARILY BE UNDER YOUR PURVIEW TO, THEY COULD STILL MAKE THAT CHANGE WITHOUT YOUR RECOMMENDATION.

I JUST, I JUST WANT TO SAY THAT, BUT WE ARE ABSOLUTELY GOING TO BRING THIS DISCUSSION TO THEM AND LET THEM KNOW WHAT WE SAID.

YES.

SO JUST KIND OF GOING OFF OF MODIFYING IT IS THERE, CAN WE JUST DO EMOTION WITHOUT THAT SECTION AND NOT NECESSARILY SAY NO TO THAT SECTION, BUT TABLE IT TO THE NEXT MEETING.

I SOUND SOUNDS LIKE WHERE YOU GUYS ARE GOING, AS YOU NEED TO DO TWO SEPARATE MOTIONS, YOU NEED TO DO A MOTION ON TITLE TO RECOMMENDING THAT

[00:35:01]

THE CITY COUNCIL TAKE NO ACTION TO CHANGE THE CODE.

YEAH.

AND THEN YOU NEED, THEY NEEDED A SECOND RESOLUTION ON APPROVING THE ZONE CHANGE FOR THE TITLE 18 CHANGES.

OKAY.

SO I MAKE A MOTION.

I'M OMITTING EXHIBIT A AND TITLE TO CORRECT ME WHEN YOU NEED TO.

UM, AND THAT, YOU KNOW, THIS IS JUST GOING TO BE A RECOMMENDATION TO THE COUNCIL, UM, IS THAT ALL THE MOTION NEEDS TO CONSIST OF.

I THINK YOU NEED TO BE CLEAR.

YOU NEED TO MAKE IN NEED, MAKE A MOTION RECOMMENDING THAT THE CITY COUNCIL NOT MODIFY THE MEETING SCHEDULE.

OKAY.

LET'S TRY THAT AGAIN.

ONE MOTION.

AND THEN THE NEXT MOTION WOULD BE ALL THE ZONE CHANGES IN THE TITLE 18.

SO I'LL MAKE A MOTION, APPROVING A RESOLUTION THAT WE OMIT EXHIBIT A ENTITLED TO, AND THAT THE COUNCIL DOES NOT MODIFY THE MEETING SCHEDULE.

AND WE KEEP THE PLANNING COMMISSION AT TWO MEETINGS A MONTH.

SOUND GOOD.

RIGHT.

OKAY.

SO WE NEED TO, YOU DON'T, YOU DON'T, YOU DON'T NEED TO ADMIT THE ITEM.

THAT'S PART OF THE REPORT.

YOU JUST YOU'RE JUST VOTING NO ON IT.

YOU DON'T NEED TO ADD THE LANGUAGE ABOUT OMITTING IT.

OKAY.

OKAY.

BUT DOES THAT MEAN WE'RE VOTING TWO TIMES? YES.

YOU'RE VOTING ON.

SO LET'S VOTE FIRST ON TITLE TWO, WHICH IS TO KEEP, KEEP IT HOW IT IS, BUT THAT EMOTION, EMOTION TO NOT CHANGE TITLE TO, I MAKE A MOTION TO NOT CHANGE TITLE, TO, TO KEEP IT HOW IT IS.

TWO MEETINGS A MONTH FOR THE PLANNING COMMISSION.

STOP THERE.

YES.

DO I HAVE A SECOND? SECOND MOTION'S BEEN MADE BY CHAIRMAN LEE SECONDED BY COMMISSIONER BURNEY.

EVERYBODY.

PLEASE ENTER YOUR VOTES.

MOTION PASSES.

3, 2, 1.

CAN SOMEBODY ELSE WANT TO MAKE A MOTION? I'M DONE MAKING MOTIONS.

I MAKE A MOTION TO APPROVE A RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF THE HARBOR.

RECOMMENDING THAT THE CITY COUNCIL ADOPT.

LET ME SKIP.

UH, DO I START WHERE ZONE CHANGE ZONE CHANGE 22 DASH ZERO ONE TO AMEND THE FOLLOWING CHAPTERS OF TITLE 18 ZONING CHAPTER 18.04.

DEFINITIONS MODIFYING THE DEFINITION OF FOOD TO GO RESTAURANT CHAPTER 18.06 ZONES ESTABLISHED ZONING MAP BOUNDARIES AND LAND USES ADDING FOOD TO GO AS A PERMITTED USE OUTRIGHT CHAPTER 18.08 GENERAL PROVISIONS EXEMPTING THE CITY FROM THE PROVISIONS OF TITLE 18 CHAPTER 18.12 SPECIAL DEVELOPMENT STANDARDS MODIFYING THE OUTDOOR SEATING REQUIREMENTS FOR RESTAURANTS, CHAPTER 18.1 FOR OFF STREET PARKING REQUIREMENTS MODIFYING THE PARKING STANDARDS FOR FOOD TO GO RESTAURANTS, TO BE CONSISTENT WITH ITS DEFINITION AND CHAPTER 18.80 AFFORDABLE HOUSING INCENTIVES MODIFYING THE STANDARDS AND TEXTS FOR CONSISTENCY WITH STATE LAW AS PER EXHIBITS B THROUGH G DO WE HAVE A SECOND? I'LL SECOND MOTION'S BEEN MADE BY COMMISSIONER ROJAS SECOND INTO BY VICE MUNOZ.

EVERYONE, PLEASE ENTER YOUR VOTES.

OKAY.

MOTION PASSES.

UH, AND THEY WILL BE FORWARDED TO CITY COUNCIL FOR THEIR APPROVAL.

OKAY.

SECOND ITEM THIS EVENING, DULY NOTICED PUBLIC HEARING FOR CONSIDERATION OF A REQUEST FOR CONDITIONAL USE PERMIT 22 DASH 10, TO OPERATE A RECYCLING FACILITY AT 8 5 1 NORTH HARBOR BOULEVARD.

DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM? NO, WE DID NOT.

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

THE APPLICANT IS REQUESTING OPERATE YOUR RECYCLING BUSINESS AT 8 5 1 NORTH HARBOR BOULEVARD.

THE APPLICANT STATE OF BROTHERS MARKETS IS REQUESTING APPROVAL FOR A RECYCLING FACILITY THAT WILL OPERATE WITHIN THE PARKING LOT OF AN EXISTING SHOPPING CENTER.

AND THE OPERATION OF THE CENTER IS FROM 6:00 AM TO 11:00 PM.

THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF WINTER BOULEVARD AND HARBOR BOULEVARD.

THE GENERAL PLAN DESIGNATION IS QUARTER MIXED, USE THREE, AND THE PROPERTY IS WITHIN THE CTU COMMERCIAL ZONE.

THE APPLICANT IS REQUESTING APPROVAL OF THEIR RECYCLING FACILITY, WHICH IS ALSO REFERRED TO AS A REDEMPTION CENTER OR BY PATRONS ARE PAID FOR RETURNING IN PLASTIC BOTTLES AND CANS THE FACILITIES WITHIN THE EASTERN PORTION OF THE PARKING LOT, CLOSE TO THE SOUTHERN MOST DRIVE APPROACH ALONG HARBOR BOULEVARD, A FACILITY CONSISTS OF 144 SQUARE FOOT CASHIER SERVICE BOOTH INTO ADJOINING 176 SQUARE FOOT METAL ROLL OFF CONTAINERS FACILITY WILL UTILIZE

[00:40:01]

ONE EMPLOYEE AND WILL OPERATE DAILY FROM 8:00 AM TO 5:00 PM.

CUSTOMERS TURNING RECYCLED MATERIALS WILL PARK THEIR CARS ADJACENT TO THE FACILITY WITHIN THE MARK SPACES, PLACED THEIR ITEMS WITHIN THE WIRE BASKETS THAT ARE PROVIDED BY THE OPERATOR.

UH, THESE WIRE BASKETS ARE THEN BROUGHT TO THE CASHIER KIOSK WHERE THEY ARE WEIGHED, AND THEN THE ATTENDANT PAYS THE CUSTOMER.

THE APPROPRIATE REDEMPTION FEE.

THE PLACEMENT OF A RECYCLING COLLECTION FACILITY WAS MANDATED BY ASSEMBLY BILL 2020, THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT, WHICH WAS PASSED BY THE STATE LEGISLATURE IN 1986.

THE ACT REQUIRES THE PLACEMENT OF AT LEAST ONE FACILITY, WHICH IS OPEN AT LEAST 30 HOURS A WEEK, INCLUDING ONE WEEKEND DAY WITHIN EACH DESIGNATED CONVENIENCE ZONE.

CONVENIENCE ZONE IS DEFINED AS AN AREA WITHIN A HALF MILE RADIUS OF ANY SUPERMARKET THAT CONDUCTS $2 MILLION OF BUSINESS PER YEAR.

AND AS YOU CAN SEE, THERE'S A MAP THAT SHOWS THE DIFFERENT CONVENIENCE ZONES WITHIN THE CITY OF LAHABRA THE TOP RIGHT CORNER, UH, IS THE LOCATION OF THE STATE OF BROTHERS' MARKET.

UM, ANY, IF THERE WERE ANOTHER, UM, STORE WITHIN THAT QUARTER MILE, OUR I'M SORRY, HALF MILE RADIUS, UM, THEN IT WOULD, IT WOULD, UH, PREEMPT STATE OF BROTHERS FROM NOT HAVING TO PROVIDE IT, SAY IF THAT OTHER STORE HAD A REDEMPTION CENTER.

SO ANY, UM, ANY STORE WITHIN THAT CONVENIENCE ZONE IS REQUIRED TO, UM, SUPPORT A REDEMPTION CENTER OR PAY A FINE OF $3,500 PER MONTH.

UM, SO WE DO HAVE STORES IN THE CITY OF LA HABRA THAT DO NOT HAVE REDEMPTION CENTERS SUCH AS NORTH GATE, NORTH GATE PAYS AT $3,500 A MONTH.

UM, SO THAT'S, THAT'S ONE OF THE OTHER, JUST TO LET YOU KNOW, ALRIGHTY, THE PROPOSED PROJECT IS BEFORE THE PLANNING COMMISSION PURSUANT TO LAHABRA MISSILE CODE SECTION 18.0 6.040 A, WHICH REQUIRES APPROVAL OF A CONDITIONS PERMIT FOR AN ESTABLISHMENT OF RECYCLING FACILITY, RECYCLING FACILITY IN A COMMERCIAL OR INDUSTRIAL ZONE.

THE REASON THIS ONE'S BEFORE YOU, UM, THERE WAS A PREVIOUS REDEMPTION CENTER AT THAT SITE.

HOWEVER, THEY LEFT THE SITE FOR LONGER THAN A YEAR.

THEREFORE THIS CP EXPIRED AND THE NEW OPERATORS HERE TO REQUEST A NEW CP, UM, SINCE THE REFIRE REQUIRED FINDINGS CAN BE MADE.

IT IS RECOMMENDED THAT THE PLANNING COMMISSION APPROVED CONDITIONING PERMIT 22 DASH 10 FOR RECYCLING FACILITY AT 8 51 NORTH HARBOR BOULEVARD, SUBJECT TO THE FINDINGS AND CONDITIONS IN THE ATTACHED RESOLUTION.

THAT CONCLUDES MY PRESENTATION.

THANK YOU.

THANKS, CHRIS.

UM, WE'LL JUST ASK ANY QUESTIONS OF YOU AND STAFF.

UH, I HAVE A QUESTION WHEN YOU MENTIONED, I THINK I JUST WAS CONFUSED AT THE NORTH GATE SCENARIO.

UM, SO YOU SAID IF THEY DON'T HAVE A REDEMPTION FACILITY, WHAT IS THAT? WHAT CAN YOU EXPLAIN THAT? SO ANY, AS I PREVIOUSLY EXPLAINED ANY STORE THAT HAS $2 MILLION IN SALES, THAT'S IT HAS TO HAVE A REDEMPTION CENTER EITHER ON THE SITE OR SOMEWHERE WITHIN THE HALF MILE RADIUS.

UM, IF THEY DON'T, UM, THEN THEY PAY THE FEE.

UM, NORTH GATE COULD SAVE $3,500 A MONTH BY HAVING THE REDEMPTION.

CORRECT.

THEY ACTUALLY WERE WORKING ON ONE, THEY HAD A RECYCLER THAT WAS GOING TO GO IN THE PARKING LOT.

UM, BUT BASED ON THE HASSLE NORTHGATE DECIDED TO SCRAP IT AND THAT ONE NEVER CAME BEFORE THE COMMISSION, WE WERE WORKING WITH THEM FOR SEVERAL MONTHS AND THEN IT WENT AWAY.

COULD YOU GO BACK TO THE IMAGE THAT SHOWS THE RED CIRCLES? SURE.

WHAT IS THE BOTTLE IN THE MIDDLE OF THE PAGE? SEE, RIGHT.

SO THAT'S ACTUALLY THE, UM, THE METAL RECYCLING, UH, FACILITY ON FOURTH AVENUE, UM, UH, INFINITY METALS.

SO SAY FOR INSTANCE, IF THE, THAT STORE WAS WITHIN THAT QUARTER MILE RADIUS, I'M SORRY, HALF MILE RADIUS THEN NORTH GATE, OR I'M SORRY, SEDER BROTHERS WOULDN'T HAVE NOT HAD TO PROVIDE THE REDEMPTION CENTER.

UM, SO THAT'S THE, THE EXCEPTION IF THERE'S ONE OPERATING WITHIN THAT HALF MILE RADIUS.

SO IN THE MONTHS, LIKE THESE RECENT MONTHS WHERE AT STATER BROTHERS, IT DIDN'T EXIST.

I HAVE, THEY'VE BEEN PLAYING, THEY'VE BEEN PAYING A FINE.

OKAY.

W WHO DO THEY PAY THE FINE TO STAY CALIFORNIA? YEAH, IT'S A BUMMER.

OKAY.

SO IF YOU NEED TO SAY THE CITY OF LA BRUH, NO, THAT'D BE A NICE CHUNK OF CHANGE, BUT NO.

AND SO THE, THE THREE THAT OVERLAP ON THE LEFT, WHAT, WHICH ONES ARE THOSE? THAT'S YEAH, IT'S ALBERTSONS NORTH GATE.

AND THEN, UM, THERE'S UM, COSTCO, COSTCO, THANK YOU.

BUT COSTCO DOESN'T HAVE ONE CLEARLY, SO THEY PAY THE FINE.

SO ACTUALLY ALPHA, UM, I'M SORRY.

ALBERTSONS DID HAVE A RECYCLING

[00:45:01]

FACILITY ON THEIR SITE FOR A PERIOD OF TIME, BUT THEY DON'T.

THEY USED TO HAVE, UM, THE REVERT, THEY CALL REVERSE VENDING MACHINES.

SO THERE'S THESE TWO BIG, AND IT LOOKS LIKE A COKE MACHINES, BUT YOU PUT YOUR BOTTLE IN THERE AND IT SPITS OUT A COUPLE OF TIMES OR WHATEVER YOU GET THAT'S SUFFICIENT.

THAT WOULD BE SUFFICIENT.

UM, THEY HAD THAT FOR A COUPLE OF YEARS AND THEN I GUESS IT WASN'T WORTH THE HASSLE AND THEY GOT RID OF THEM.

SO THOSE THREE CIRCLES ON THE LEFT, I MEAN, THESE CIRCLES ARE JUST IDENTIFYING A BUSINESS THAT FITS INTO THAT CRITERIA, CORRECT.

THE $2 MILLION IN SALES.

RIGHT.

OKAY.

BUT IN THE TOP LEFT CORNER, NONE OF THOSE THREE HAVE RECYCLING FACILITIES.

RIGHT.

OKAY.

SO THEY'RE, THEY'RE PAYING.

WOW.

OKAY.

UM, ALL RIGHT.

ANY QUESTIONS FROM COMMISSIONER ROJAS? UH, YOU SAID, I KNOW I'VE SEEN IT PRIOR TO THIS.

YOU SAID THERE USED TO BE A RECYCLING FACILITY.

DID THEY COMPLETELY REMOVE ALL OF THEIR FACILITIES? AND NOW THESE ARE NEW FACILITIES COMING IN INTO THE PARKING LOT, BECAUSE I RECALL THERE USED TO BE ONE THERE FOR THE SUBJECT PROPERTY AT ALBERTSONS, OR I'M SORRY, AT THE CEDAR BROTHERS.

CORRECT.

THERE USED TO BE ONE THERE, BUT THE CUP EXPIRED BECAUSE THERE WAS A GAP OF LONGER THAN A YEAR.

AND ANYTIME YOU HAVE A CUP AND IT'S NOT UTILIZED FOR A YEAR LONGER THAN THAT CP EXPIRES.

WAS THAT DURING THE PANDEMIC? YEAH.

AT THE BEGINNING OF THE PANDEMIC, CORRECT.

OKAY.

SO IT EXPIRED SOMETIME IN LIKE 2020, CORRECT.

GOT IT.

SO DO THEY COMPLETELY REMOVE LIKE THE LITTLE SHELTER, I GUESS YOU CAN CALL IT.

OKAY.

NOW SOMEBODY IS GOING TO COME IN.

THANK YOU.

IS IT THE SAME OPERATOR COMING BACK IN? IT'S A NEW OPERATOR.

OKAY.

IS IT SAME COMPANY, A DIFFERENT COMPANY, DIFFERENT COMPANY.

GOT IT.

OKAY.

DID THIS COMPANY PURCHASE? UH, I'LL WAIT, WE'LL GET TO THAT LATER.

ALL RIGHT.

UM, VICE-CHAIR MUNOZ.

I HAVE A QUESTION, BUT MAYBE FOR THE OPERATOR OPERATION WISE, WE'LL GONNA CIRCLE BACK TO HER IN A SECOND.

OKAY.

UM, NOTHING YOU GOOD? OKAY.

THANKS, CHRIS.

UM, ALL RIGHT.

WE'LL OPEN UP PUBLIC HEARING AND, UH, GIVE US AN OPPORTUNITY TO HEAR FROM THE APPLICANT IF SHE WISHES.

AND WE HAVE A COUPLE OF QUESTIONS FOR YOU, PROBABLY.

SO, UM, ANYBODY THAT'S HERE TO SPEAK IN FAVOR OF THE PROJECT.

UH, PLEASE COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.

I DON'T KNOW IF YOU HAVE ANYTHING TO SHARE WITH US, IF YOU, IF YOU DID, WERE HAPPY TO LISTEN, BUT IF NOT, WE CAN GET RIGHT INTO OUR QUESTIONS.

HI, MY NAME IS ANNA TAYLOR.

THANK YOU ALL FOR THE OPPORTUNITY TO GIVE US TO SERVE THESE BEAUTIFUL COMMUNITY.

I'LL TAKE YOUR QUESTION.

LAST NAME, TAYLOR, 10 A Y L Y T A Y L O R.

THANK YOU, MS. TAYLOR.

YEAH, I I'VE, I GUESS SINCE NO ONE IS HERE, I'LL JUST TAKE THE QUESTIONS.

UM, I USED TO WORK FOR THE COMPANY THAT WHEN BANK REPS HERE THAT WAS REPLANTED.

SO WE USED TO BE THERE FROM 2000 TO 2000.

THE END OF 2019 IS BEGINNING OF 2020.

AND SINCE WE WERE ALSO PROCESSORS, SO THE HEAT OF THE PLASTIC MARKET, SINCE IT HIT US ON BOTH ENDS AND WE HAD 1800 SITES, ALL CALIFORNIA ROLF MARKETS AND KNOW ALBERTSONS AND STATE OF BROTHERS, BUT WE CLOSE THEM ALL.

SO, AND THEN ALL THESE MARKETS BECAME EMPTY AND, AND THEY'RE PAYING PENALTIES $3,500 IF THEY DON'T HAVE A RECYCLING WITHIN A HALF A MILE.

WOW.

SO YES, IT, AND IT GOES TO THE STATE.

SO, SO REPLANT, IT WENT BANKRUPT.

AND THEN IS THIS LIKE A BRAND NEW COMPANY OR IS IT A COMPANY THAT KIND OF CAME IN? TH THIS IS A BRAND NEW COMPANY.

THIS IS A GENTLEMAN THAT HAS ABOUT SEVEN SITES AND ALL THE PEOPLE ARE TRYING TO GET IN, BUT IT'S VERY DIFFICULT WITH, UH, SOME CITY RULINGS.

THEY DON'T UNDERSTAND, OR THEY DON'T, WELL, YOU HAVE A BAD RECORD OF KEEPING THINGS VERY DIRTY.

AND THIS GENTLEMAN HAS, UH, SEVEN OR EIGHT SITES.

I REPRESENT MR. UH, TO HER MARY AS THE OWNER OF THE RECYCLING'S AND HE'S TAKEN THE BUSINESS VERY SERIOUS.

I'LL HIT PLACE.

LOOKS REALLY NICE.

HE'S FOLLOWING THE WAY WE PLAN.

IT USED TO HAVE, YOU KNOW, TO HAVE SOMEBODY THERE AND KEEP IT CLEAN, KEEP IT NEAT, KEEP ALL THE VAGRANTS AWAY AND, AND, YOU KNOW, IN A, IN A NICE MANNER AND FIND WAYS TO FIND, UM, NON-PROFIT ORGANIZATIONS SO THEY CAN RESPOND TO THESE HOMELESS.

SO THEY DON'T HANG AROUND THERE.

SO THEY CAN JUST GO.

AND THIS IS, IT'D BEEN WORKING FOR MR. HARE, AND THIS IS WHY YOU CAN LOOK UP OVER THERE, UH, TO SEE THEM BROTHERS.

THAT'S HOW HIS BROTHER IS THE, SO IS THIS LIKE A FRANCHISE OR IS IT NO, IT'S JUST, IT'S THE SOLE PROPRIETOR.

OKAY.

YEAH, HE HE'S WISHING TO GROW.

HE'S PROBABLY TAKING SOME OF THE STATE OF BROTHERS CONTRACTS

[00:50:01]

AND OTHER CDS.

GOT IT.

BUT HE'S SETTING UP RECORDS ON THESE PLACES WHERE HE SAT IN THAT WILL SPEAK ON HIM.

WHAT IS THE NAME OF HIS COMPANY? IT'S CRV SOLUTIONS, CRV SOLUTIONS, SODA MACHINES.

GOT IT.

OKAY.

I KNOW VICE-CHAIR MUNOZ HAS, UH, AT LEAST ONE QUESTION FOR YOU.

SO GO AHEAD.

YEAH.

THE FIRST ONE WAS, AS FAR AS AN OPERATION, UM, THE TWO BACK THAT THEY GET PICKED UP, LIKE FROM A TRUCK, RIGHT? THAT ENTIRE, YEAH, THE ENTIRE, I DON'T KNOW WHAT IT'S CALLED.

IT'S STILL CONTAINED THE ROLL-OFF THE TRUCKS.

YES.

THEY GET PICKED UP FROM THE BACK.

OKAY.

AND BECAUSE THE HOUSE IN UNIT IT'S, IT'S, UH, IT'S INCURRED TO THE GROUND AT 144 FEET THAT'S FOR THE OFFICE AND WHERE THEY KEEP THE CASH.

OKAY.

AND THEN I'M ASSUMING ALL THAT'S DONE LIKE OFF BUSINESS HOURS OR WHAT TIME DOES BEFORE SEVEN O'CLOCK.

OKAY.

YEAH.

IT'S BECAUSE THERE'S NO TRAFFIC, SO YEAH, EXACTLY.

SO THERE'S NO CARS PARKED OR BEFORE SEVEN, YOU KNOW, SIX O'CLOCK OR FIVE O'CLOCK CAUSE PROCESSORS OPEN, LIKE AROUND FOUR IN THE MORNING.

SO WHERE THEY TAKE THE MATERIAL.

YEAH.

I JUST WANT TO MAKE SURE THAT THE PICKUP IS, IT DOESN'T, UM, HINDER ANY ISSUES AT THE PARKING LOT BECAUSE THE PARKING LOT, EVEN THOUGH IT IS KIND OF BIG, BUT IT'S LIKE NARROW, SO, YOU KNOW, YOU DO IT.

AND THEN ESPECIALLY THE WAY THE STATE OF BROTHERS IS LIKE THE BUILDING ITSELF.

SO THAT'S MY ONLY CONCERN NOW.

I DON'T KNOW.

DO WE HAVE THAT AS A CONDITION SPECIFIC? YEAH.

IS THAT A CONDITION FOR THE PICKUP? UH, WE DON'T WANT A CONDITION ABOUT THE PICKUP TIME.

W I MEAN, IT'S A GENERAL CONDITION ABOUT NOT CREATING A NUISANCE, UM, AND NO LOITERING.

UM, THAT'S KIND OF BROADLY WORDED, BUT WE CAN, IF YOU WANT, YOU CAN ADD A MORE SPECIFICALLY WHERE TO CONDITION TO THAT.

IF YOU, IF YOU DESIRE.

CAUSE I'M ASSUMING THAT'S A LARGER TRUCK, RIGHT? NO, IT'S A OFF IT'S.

UM, IT'S LIKE A UTILITY TRUCK.

IT'S JUST A, IT IS NOT A SEMI.

NO.

OKAY.

UM, I DON'T KNOW.

I MEAN, DO YOU GUYS NEED A MORE SPECIFIC CONDITION? WE FINE THE WAY IT IS.

I THINK THE FACT THAT THEY, I MEAN, THEY USED TO HAVE ONE PREVIOUSLY, NOT TOO LONG AGO AND THERE WASN'T ANY COMPLAINTS NECESSARILY, OR THERE, I GUESS I SHOULD OFFER THIS UP.

WE, WE DID GET ONE COMPLAINT FROM A PERSONALIST ACROSS THE STREET, BUT HE WAS COMPLAINING ABOUT THE VAGRANTS, UM, COMING IN, DROPPING OFF THEIR BOTTLES AND HANGING OUT.

BUT ONE COMPLAINT FROM HOW MANY YEARS, JUST, JUST THE ONE ON ONE DO WE HAVE, UM, SO HOW MANY OF THE FACILITIES ARE THERE IN THE CITY? WE USED TO HAVE FIVE AND, UM, WE'RE DOWN TO, I THINK WE'RE, THIS IS IT RIGHT HERE.

IT'S THE METAL ONE, WHICH IS PRETTY DIFFERENT THAN THIS, RIGHT? CORRECT.

OKAY.

NOW WHEN WE HAD THE FIVE, JUST LOOKING BACK, WAS THERE ANY, DO WE RECALL ANY CONDITIONS LIKE FOR TIME RESTRICTIONS, LIKE VICE-CHAIR MUNOZ IS KIND OF ALLUDING TO, UM, JUST THE GENERAL CONDITION ABOUT NOT A NUISANCE? YEAH.

I DON'T REMEMBER ANY CONDITIONS THAT WERE, UM, RELATED TO TIMING.

LET ME KNOW IF YOU GUYS HAVE THAT GENERAL CONDITION AND IF IT DOES BECOME A PROBLEM, HOW DO WE ADDRESS THAT? YEAH.

HOW WOULD THAT BE ADDRESSED? LIKE IF THAT BECAME A NUISANCE, LIKE IF YOU, IF WE, IF THE CITY RECEIVED COMPLAINTS ABOUT THAT, YOU KNOW, THAT THEY'RE COMING IN AT 12 O'CLOCK ON A SATURDAY TO STATER BROTHERS TO PICK UP THAT TRUCK AND THERE'S JUST SORT OF PICK UP THAT CONTAINER.

THERE'S NO PARKING, IT'S A NUISANCE.

WHAT DOES THE CITY DO AT THAT POINT? THE CITY HAS THE AUTHORITY TO BRING IT BACK TO THE COMMISSION FOR RECONSIDERATION MODIFICATION AS NECESSARY IF IT BECOMES A NUISANCE.

SO THE COMMISSION DOES HAVE THAT AUTHORITY TO DO THAT.

SO THE LANGUAGE AS IT EXISTS RIGHT NOW, CHRIS IS PRETTY BROAD FOR THE CITY TO BE ABLE TO TAKE A CLOSER LOOK AT THAT, IF IT DID BECOME A NUISANCE.

CORRECT.

OKAY.

THAT'D BE SUPPORTIVE OF THAT.

I THINK THE WAY IT IS.

OKAY.

WHAT DO YOU SUGGEST TO MODIFY THAT? JUST A LITTLE BIT TO, UM, MAKE IT NOT SO BROAD? WELL, IF YOU, IF THE COMMISSION SO DESIRED, YOU, WE COULD PUT IN A CONDITION THAT THE BINS NOT BE REMOVED PRIOR TO 7:00 AM AND NOT AFTER 9:00 PM OR SOMETHING TO THAT EXTENT, UM, MAYBE, OR PUT IN LINE WITH OUR NOISE ORDINANCE, UM, WHICH IS ACTUALLY ACTUALLY ACTUALLY SEVEN 30 TO DENINE, I BELIEVE 10.

AND THAT'S FAIR.

YEAH.

WE, WE CAN MAKE A MOTION IF YOU'D LIKE, I'M NOT SURE WHAT WILL HAPPEN, BUT SO I KNOW, UH, WORKING AT THESE PLACES, MEANING ON THE MARKETS, THEY'RE NOT SUPPOSED TO HAVE ANY KIND OF HEAVY UTILITY TRUCKS AFTER A CERTAIN TIME.

AND IF I'M NOT MISTAKEN, IT WAS LIKE EIGHT O'CLOCK.

WE COULDN'T HAVE ANY KIND OF BIGGER TRUCKS,

[00:55:01]

OUR LIFTS, NOTHING.

YEAH.

SO I'M ASSUMING THIS IS MY ASSUMPTION BEING THERE FOR SO MANY YEARS, THEY WON'T HAVE IT, BUT I CAN'T SAY THAT IT HASN'T HAPPENED, YOU KNOW, CAUSE STUFF HAPPENS OR WHATEVER.

SO MAYBE WE PUT IT IN ALIGN WITH THE ORDINANCE AND THAT'S EVEN JUST GENERAL.

I DON'T KNOW.

I MEAN, MY, UM, MY SENSE IS WE HAD FIVE OF THESE WITHOUT THAT LANGUAGE IN THERE.

UM, CHRIS, YOU CAN ONLY RECALL ONE COMPLAINT AND IT SEEMS TO BE UNRELATED TO, YOU KNOW, THE NUISANCE OF SOUND AND THE CONCERNS THAT WE MAY HAVE.

SO MAYBE WE'RE BEING TOO RESTRICTIVE IN, YOU KNOW, NEEDING TO DO THAT.

AND IF THE WAY IT'S WRITTEN CURRENTLY STILL GIVES THE CITY THE FLEXIBILITY TO ADDRESS THAT PROBLEM IF IT WERE TO ARISE.

UM, I THINK I'M COMFORTABLE LEAVING IT AS IT IS, BUT WE CAN, YOU KNOW, WE CAN GO ANY DIRECTION THAT YOU ALL WANT TO GO.

I'M JUST ONE PERSON.

UM, WE DO STILL NEED TO HEAR FROM ANYBODY IN OPPOSITION, UH, TO, BEFORE WE CLOSE PUBLIC HEARING.

BUT DOES ANYBODY ELSE HAVE ANYTHING FOR THE APPLICANT, THE OPERATOR OR FOR STAFF, OR I JUST WANT TO SAY, I'M GLAD TO HEAR THAT YOU'RE SAYING THAT IT'S GOING TO BE KEPT CLEANER.

I'VE WE'VE BEEN THERE QUITE A FEW TIMES.

IT'S BEEN A MESS.

SO, UH, THAT MAKES ME REALLY HAPPY.

YOU KNOW, THERE'S STUFF ALL OVER THE PLACE.

SO IF THAT'S SOMETHING THAT YOU'RE DEFINITELY GOING TO BE DOING, THAT'S GREAT.

YES, WE HAVE, UM, WE EVEN PROVIDE LITTLE BUCKETS FOR CADETS.

PEOPLE WHO DON'T DRINK THE DRINKS, THE BEER, LET ME HAVE BEER.

SO WE HAVE LITTLE BUCKETS AND WE TAKE THAT LIQUID.

WE TAKE IT WITH US AND A W HE MOPPED AT THE END OF THE DAY AND POTTER WATER, BOTTLED WATER THAT'S OKAY.

BUT, UM, YOU KNOW, THE LIQUIDS WE DO BECAUSE WE DON'T WANT BEES EITHER.

THEY'LL GET A LOT OF BEES.

IF YOU HAVE A LOT OF SWEETS, CAN WE GET, CAN WE GET A MIRROR, A MURAL ON THE SIDE OF THE CONTAINER? I'M JUST TOTALLY KIDDING.

TOTALLY KIDDING.

UM, THANK YOU SO MUCH.

REALLY APPRECIATE YOU BEING HERE AND MS. TAYLOR, THANK YOU.

UM, AT THIS TIME WE WILL GO TO ANYBODY THAT'S HERE JUST IN OPPOSITION OF THE PROPOSED PROJECT.

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

OKAY.

UM, WE'LL CLOSE PUBLIC HEARING AND, UH, WE CAN OPEN THINGS UP FOR MORE DISCUSSION OR EMOTION.

IF ANYONE'S PREPARED TO MAKE ONE, I MAKE A MOTION APPROVING A RESOLUTION TO THE PLANNING COMMISSION OR THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22 DASH ONE ZERO TO OPERATE A RECYCLING FACILITY AT 8 51 NORTH HARBOR BOULEVARD.

AS FOR THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

I'LL SECOND.

THE MOTION MOTION MADE BY COMMISSIONER ROJAS, SECONDED BY CHAIRMAN LEE, EVERYONE, PLEASE ENTER YOUR VOTES, MOTION PASSES, AND IT WILL BECOME FINAL IN 10 WORKING DAYS UNLESS IT'S APPEALED TO CITY COUNCIL.

YES.

THANK YOU.

DO WE HAVE ANY CONSIDERATION ITEMS? NOPE.

DO WE HAVE ANY COMMENTS FROM STAFF? JUST A REMINDER.

YOUR NEXT MEETING WILL BE APRIL THE 11TH, WHERE WE WILL BE SWEARING IN NEW PLANNING COMMISSIONERS AND DOING YOUR ANNUAL REORGANIZATION.

AND WE WILL ALSO BE PRESENTING A PROCLAMATION TO FORMER COMMISSIONER NECESSARY.

AND SO WE'VE GOT TO SEE DARREN AT THE NEXT MEETING.

SO YOU'RE SAYING, OKAY.

ANY COMMENTS FROM COMMISSIONERS, COMMISSIONER ROJAS? NONE FROM ME, UH, COMMISSIONER BERNIE VICE-CHAIRMAN NEWS.

NOT FOR ME.

I DON'T KNOW IF THIS WILL BE YOUR LAST MEETING, BUT IF IT IS, THAT'S REALLY SAD, BUT IT'S BEEN GREAT HAVING YOU HERE.

I HOPE THAT IT'S NOT YOUR LAST MEETING.

I HOPE WE GET TO SEE YOU AGAIN ON THE 11TH.

HOPEFULLY THE, UH, THE CITY COUNCIL IS LISTENING.

IF MICHELLE HAD IT HER WAY, THEY'D BE WATCHING US RIGHT NOW.

RIGHT? OKAY.

NO FURTHER BUSINESS.

BEFORE THE COMMISSION, THIS MEETING IS ADJOURNED TO MONDAY, APRIL 11TH, 2022.