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ALL RIGHT.

[00:00:01]

CALL TO ORDER AT THIS

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, JULY 25, 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.]

TIME, THE MEETING WILL, UM, PLEASE COME TO ORDER WITH THE AUDIENCE.

PLEASE STAND AND JOIN COMMISSIONER MANLY AND THE PLEDGE OF ALLEGIANCE.

WELL, THE SECRETARY, PLEASE CALL ROLL HERE.

HERE, HERE, HERE, RECORD ROY.

WE CAN'T HARDLY HEAR YOU UP HERE.

OKAY.

BETTER.

OKAY.

SO WHAT I SAID IS A COMMISSIONER BURNETT HAS AN EXCUSED ABSENCE.

ALL RIGHT, WE WILL NOW MOVE ON TO PUBLIC COMMENT.

PUBLIC COMMENT SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY, A BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL.

WHAT THEY 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, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

THE GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEMS OF CITY BUSINESS, NOT APPEARING ON A SCHEDULED AGENDA FOR GOVERNMENT CODE, SECTION 5, 4 9, 5, 4 0.3, A SUCH COMMON SHALL NOT BE RESPONDED BY THE GOVERNING BODY DURING THE MEETING.

DO YOU HAVE ANYONE THAT WISHES TO ADDRESS THE COMMISSION? WE WILL NOW CLOSE A PUBLIC COMMENT AND MOVE ON TO THE CONSENT CALENDAR.

ALL MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS A COMMISSIONERS, A CITY STAFF MEMBER, OR MEMBERS OF THE AUDIENCE REQUEST SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEM WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENT SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL LIMIT OF 30 MINUTES PER ITEM THAT HAS NOT 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 MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL NATURE.

BEFORE THE COMMISSION AT THIS TIME WILL BE THE CONSENT CALENDAR, WHICH INCLUDES ITEM ONE THROUGH TWO, ALL ITEMS WILL BE APPROVED WITH ONE VOTE UNLESS AN ITEM IS REMOVED FOR FURTHER DISCUSSION.

DO ANY OF THE FOLLOWING COMMISSIONERS WISH TO REMOVE AN ITEM? NO, NO HEARING NONE AT THIS TIME.

DO I HAVE A MOTION CHAIR MUNOZ WITH YOUR PERMISSION? MAY I MAKE A MOTION? DO I HAVE A SECOND? I'LL SECOND.

ALL RIGHT.

MAKE A MOTION TO APPROVE THE CONSENT CALENDAR AND SECOND BY VICE CHAIR.

SO PUTTING YOUR VOTES PLEASE.

MOTION PASSES 4 0 3 0.

OH, IT WOULD BE THREE.

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

THE PROCEDURES WILL BE AS FOLLOWS.

THE CHAIR WILL INTRODUCE THE ITEM.

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 SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTION AT DEEMS APPROPRIATE.

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

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

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

PLEASE ADDRESS ALL COMMENTS AND QUESTIONS TO THE CHAIR.

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

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

COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

TONIGHT'S PUBLIC HEARING ITEM IS A DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT 22 DASH 19 FOR PUBLIC ART MURAL AT TWO 11 WEST SANDALWOOD AVENUE.

DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM? YES.

[00:05:01]

MR. CHAIR, WE RECEIVED A LETTER FROM MR. JOE FAUST, UM, EXPRESSING OPPOSITION TO APPROVING THIS REQUEST AS A COPY OF IT'S BEEN PLACED BEFORE YOU ON THE DAYAS.

ALL RIGHT.

THANK YOU.

AND DO WE HAVE A STAFF REPORT? GOOD EVENING MEMBERS OF THE COMMISSION.

I'M SONIA LOUIE PLANNING MANAGER, AND I'LL BE PRESENTING THE STAFF PRESENTATION FOR THIS FIRST PUBLIC HEARING ITEM.

I JUST LIKE TO START OFF WITH A LITTLE BIT OF BACKGROUND INFORMATION EARLY THIS YEAR, RESIDENTS CONTACTED THE CITY REGARDING THE MURAL SHOWN HERE ON THE PHOTO AND QUESTIONED WHETHER IT WAS PERMITTED BY THE CITY.

UNFORTUNATELY, THE MURAL WAS INSTALLED WITHOUT THE BENEFIT OF ANY CITY APPROVAL.

WHEN STAFF INVESTIGATED, WE FOUND THAT RESIDENTIAL MURALS UNDER THE CODE ARE NOT LISTED AS A PERMITTED USE PER THE CITY'S CODE USES, WHICH ARE NOT SPECIFICALLY LISTED, ARE PROHIBITED.

HOWEVER, A USE THAT IS NOT LISTED, BUT AS SUBSTANTIALLY SIMILAR TO ANOTHER PERMITTED USE COULD BE CONSIDERED WITH THE CUP APPROVAL.

SINCE THE SUBJECT MURAL WAS INSTALLED WITHOUT CITY APPROVAL, CODE ENFORCEMENT DID ISSUE TWO NOTICE OF VIOLATIONS.

THE FIRST ON MARCH 14TH AND THE SECOND ON APRIL 13TH, IN RESPONSE TO THE NOTICE OF VIOLATION, THE PROPERTY OWNER SUBMITTED CONDITIONAL USE PERMIT 22 DASH 19 REQUESTING APPROVAL OF THE MURAL SHOWN HERE AS PUBLIC ART.

HERE'S A CLOSER VIEW OF THE MURAL.

THE MURAL WAS PAINTED ON THE BACKSIDE OF AN EXISTING DETACHED GARAGE.

THE MURAL SPANS APPROXIMATELY 24 FEET WIDE AND IS SIX, ABOUT SIX FEET HIGH.

IT ENCOMPASSES AN AREA OF APPROXIMATELY 144 SQUARE FEET.

UM, BEFORE I CONTINUE, YOU CAN SEE HERE, THE MURAL DEPICTS A GIRL'S SKELETON EYES ADORNED BY FLOWERS.

THE GIRL'S FACE IS DECORATED WITH WHAT APPEARS TO BE MAKEUP AND BRIGHT GREEN, YELLOW, AND WHITE.

AND THIS MURAL REFLECTS THE EL DIA DE LOS MUERTOS STYLE ART.

THE PROJECT SITE IS HIGHLIGHTED IN PINK ON THIS MAP.

STAFF ADDED A WIDER VIEW OF THE AREA BECAUSE IT'S IMPORTANT TO POINT OUT THAT THE MURAL SITS ON A RESIDENTIAL LOT.

THAT'S SITUATED ON A HIGHER STREET GRADE.

SO WHILE THE PROJECT SITE IS ADDRESSED ON SANDALWOOD RESIDENTS THAT RESIDE ON THAT STREET ACTUALLY DON'T HAVE A VIEW OF THE MURAL.

THE MURAL CAN BE SEEN FROM THE STREETS LOCATED TO THE NORTH, WHICH INCLUDE MONTWOOD AVENUE, WYNNEWOOD AVENUE AND, UM, VAL WOOD STREET.

HERE'S A PICTURE OF THE VIEW FROM MON WHAT A RED ARROW POINTS TO THE GRUDGE.

AS A SIDE NOTE, UM, I SHOULD MENTION THE MURAL WAS TEMPORARILY COVERED BY SCREENING, UM, FROM THE PROPERTY OWNER TO MINIMIZE THE VISUAL IMPACT WHILE THEY'RE PROCESSING THIS REQUEST BEFORE YOU HERE'S A VIEW LOOKING EAST ON GLENWOOD AVENUE.

AGAIN, THE RED ARROW POINTS TO WHERE THE GARAGE IS WITH THE MURAL.

AND FINALLY, HERE'S A VIEW OF THE GARAGE FROM BELLWOOD STREET.

YOU CAN SEE HERE HOW MUCH OF A GRADE DIFFERENCE THERE IS AND HOW THE BACKYARD OF THE SANDAL SANDRA WOOD PROPERTY IS SEEN BEHIND THE HOMES ON, ON GLENWOOD STAFF REVIEWED THIS REQUEST AND FOUND THE MURAL DESIGN APPEARS TO CONFLICT

[00:10:01]

WITH THE SURROUNDING CONVENTIONAL SINGLE FAMILY, RESIDENTIAL NEIGHBORHOOD, THE MURALS, DARK COLOR COMPOSITION, OVERSHADOWS THE AESTHETIC CHARACTER OF THESE RESIDENTIAL STREETS.

STAFF DOES NOT BELIEVE THE MURALS CONSISTENT WITH THE ZONE.

THE GENERAL PLAN DOES NOT INCLUDE ANY REFERENCE TO ENCOURAGING PUBLIC ART, SUCH AS THIS SUBJECT NEURAL IN RESIDENTIAL NEIGHBORHOODS, THE MURAL DESIGNS NOT COMPATIBLE WITH THE AESTHETICS OF THE SURROUNDING NEIGHBORHOOD.

AND THEREFORE STAFF BELIEVES THE FINDINGS FOR THE CUP CANNOT BE MET.

THEREFORE IT STAFF'S RECOMMENDATION THAT THE PLANNING COMMISSION APPROVE A RESOLUTION TO DENY CUP 22 DASH 19 AS STATED IN THE TITLE BLOCK HERE.

OKAY.

THIS CONCLUDES STAFF'S PRESENTATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT COMMISSION MAY HAVE.

THANK YOU.

THANK YOU, SONIA, AT THIS TIME, I WILL ASK THE PLANNING COMMISSIONERS, IF THEY HAVE ANY QUESTIONS OF STAFF, COMMISSIONER MANLEY, SONYA, IF THE CUP WAS NOT APPROVED, WHAT WOULD BE THE REMEDY FOR THE PROPERTY OWNER JUST TO PAINT OVER THAT PRETTY SIMPLY OR TO KEEP IT COVERED HOW IT IS? UM, I THINK THE APPLICATIONS BEFORE YOU, BECAUSE OF IT SIMPLY BECAUSE OF ITS VISIBILITY, IF THEY CONTINUE TO MAINTAIN THE SCREENING ON THE FENCE, THAT WOULD NOT NECESSITATE FOR THEM TO OBTAIN AN APPROVAL AS IT WOULDN'T BE VISIBLE AS PUBLIC ART.

SO THAT WOULD DEFINITELY BE OPTION ONE.

WAS I CORRECT IN HEARING THAT THE APPLICANT WAS THE ONE WHO COVERED IT ON THEIR OWN, THAT WASN'T A REQUEST BY THE CITY.

THAT WAS SOMETHING THAT THE PROPERTY OWNER DID ON THEIR OWN.

IT'S MY UNDERSTANDING THAT CODE ENFORCEMENT DID ASK THE PROPERTY OWNER TO COVER IT TEMPORARILY.

AND THEY COMPLIED IN AN APPROPRIATE AMOUNT OF TIME.

AT LEAST WHILE THEY'RE PROCESSING THIS APPLICATION, DO WE HAVE ANY HISTORICAL BACKGROUND ON HOW LONG THAT I KNOW THAT THAT WAS BROUGHT TO OUR ATTENTION NOT VERY LONG AGO.

UM, DO WE KNOW HOW LONG THAT THAT MURAL HAS BEEN THERE? I BELIEVE IT WAS BROUGHT TO OUR ATTENTION STARTING IN JANUARY OF THIS YEAR.

UM, I'M NOT, I'M NOT CERTAIN WE CAN DEFER TO THE APPLICANT AS TO WHEN IT WAS ORIGINALLY PAINTED, BUT I BELIEVE THE CITY WAS FIRST CONTACTED BEGINNING IN JANUARY AND THEN CODE ENFORCEMENT WENT OUT THERE IN MARCH.

SO CODE ENFORCEMENT DID PAY A NUMBER OF COURTESY VISITS TO THE PROPERTY.

IT'S WHEN THEY NOTE ISSUED THE NOTICE OF VIOLATION STARTING IN MARCH.

OKAY.

AT THIS TIME CHAIR, I HAVE NO FURTHER QUESTIONS.

COMMISSIONER ZURICH, NONE VICE-CHAIR ROJAS.

I DON'T HAVE ANY QUESTIONS AT THIS TIME.

THANK YOU, SONIA, JUST, UM, JUST TO CLARIFY CURRENTLY IN THE CITY, DO WE HAVE ANY PUBLIC ART POLICIES OR ANYTHING IN THE MUNICIPAL CODE OR ANYTHING LIKE THAT SPECIFIC TO PUBLIC ART? THE CITY DOES NOT HAVE A CODIFIED PUBLIC ARTS ORDINANCE TODAY.

HOWEVER, UM, WITHIN THE STAFF REPORT, WE'VE HIGHLIGHTED THE GENERAL PLAN POLICIES AND GOALS RELATED TO PUBLIC MURALS AND PUBLIC ART.

UM, AND AS YOU CAN SEE IN THE STAFF REPORT, IT IDENTIFIES THOSE PUBLIC ART OPPORTUNITIES FOR COMMERCIAL LANDSCAPES AND NEW MULTI-FAMILY DEVELOPMENTS.

OKAY.

THANK YOU.

I THINK THAT'S IT FOR QUESTIONS.

UM, SO WE'LL NOW OPEN THE PUBLIC HEARING.

WE HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE PROPOSED PROJECT.

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

IF YOU CAN PLEASE STATE YOUR NAME AND ADDRESS PLEASE FOR THE RECORD.

SURE.

UH, MY NAME IS VICTORIA MORAGA.

I LIVE AT ONE 50 GLENWOOD AVENUE, WHICH IS A HOUSE THAT'S DIRECTLY BELOW, UM, TWO 11 SANDALWOOD, I BELIEVE.

UM, I'M IN FAVOR OF THIS BECAUSE I THINK THE ART IS BEAUTIFUL.

I CAN'T THINK OF A LOT OF OTHER MURALS THAT I'VE SEEN IN THE HARBOR REGARDLESS OF, UM, THE ACTUAL LAW CURRENTLY ON PUBLIC MURALS.

ADDITIONALLY, UM, IN ADDITION TO THIS MURAL, THE HOMEOWNER

[00:15:01]

HAS DONE A LOT OF BEAUTIFUL RENOVATIONS.

AND TO ME, THIS IS ANOTHER BEAUTIFUL RENOVATION THAT THEY'VE DONE TO THIS HOUSE SINCE THEY MOVED IN, I'VE LIVED AT 1 51 WOOD MY ENTIRE LIFE.

SO I SAW EXACTLY WHAT THE LAST HOMEOWNERS WERE DOING AND WHAT THIS HOMEOWNER HAS DONE SINCE THEY BOUGHT THE HOUSE.

UM, WHENEVER THAT WAS, AND OBVIOUSLY IT'S A LITTLE BIT DIFFERENT BECAUSE OF THE FACT THAT THIS IS SOMETHING THAT'S SEEN FROM THE STREET, BUT IT'S SOMETHING THAT I SEE IS VERY BEAUTIFUL.

AND I THINK THERE IS LARGE PORTION OF LAHABRA THAT IS HISPANIC.

AND I WILL, I KNOW THAT, YOU KNOW, DIA DE LOS MUERTOS IS NOT FOR ALL HISPANIC CULTURES.

I DO THINK IT SPEAKS TO THE CULTURE OF SOME OF THE CITY.

THAT IS IT.

THANK YOU, MR. CHAIRMAN.

AND BEFORE SHE LEAVES, CAN WE HAVE HER SPELL HER NAME FOR THE RECORD PLEASE? AND FILL OUT A SPEAKER'S CARD IF SHE HASN'T ALREADY? SURE.

I HAVE MY SPEAKER CARD RIGHT HERE.

AND THEN WOULD YOU LIKE ME TO SPELL MY LAST NAME FOR YOU? YES, PLEASE.

YEP.

M A R A G A.

THANK YOU.

THANK YOU.

GREAT.

THANK YOU VICTORIA.

ANYONE ELSE IN FAVOR OF THE PROPOSED PROJECT? ALRIGHT.

SEEING NONE, WE WILL NOW, UM, HEAR FROM THOSE WISHING TO SPEAK IN OPPOSITION TO THE PROPOSED PROJECT.

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

PLEASE MAKE SURE YOU GUYS FILL OUT A SPEAKER CARD AND CLEARLY SPELL OUT YOUR NAME.

OKAY.

HE HAS MY SPEAKER CARD.

UM, MY NAME IS JEN .

LAST NAME IS J A U R E G U I, I LIVE, UM, ONE HOUSE BELOW INTO THE NORTH OF THE SUBJECT PROPERTY.

UH, GIVE YOU MEAN PLANNING, COMMISSION MEMBERS, STAFF, AND FELLOW LAHABRA COMMUNITY MEMBERS.

I AM HERE THIS EVENING TO SHARE WITH YOU THE IMPACT.

THE MURAL AT TWO 11 SANDALWOOD HAS HAD ON THE PROPERTY OWNED BY ME AND MY FAMILY.

UM, MY HUSBAND HERE AS NOTED THE ARTISTIC QUALITY AND CONTENT OF THE MURAL IS NOT IN QUESTION.

UH, IN FACT, I'D ACTUALLY LIKE TO PASS ALONG MY COMPLIMENTS TO THE ARTISTS IT'S QUITE WELL DONE.

UM, THAT SAID, I DO AGREE WITH THE CONCLUSIONS OF THE PLANNING STAFF, UH, THAT THE LOCATION OF THIS PIECE DOES NOT MATCH WHAT THE GENERAL CHARACTER OF THE NEIGHBORHOOD.

AND NEITHER DOES IT ALIGN WITH THE CITY'S VISION FOR ACCEPTABLE AND EXPECTED AESTHETICS OF RESIDENTIAL AREAS, UH, WHEN THE MURAL WAS INSTALLED, UM, BECAUSE WE HAVE AN UNOBSTRUCTED VIEW OF IT.

UH, WE DIDN'T, WE BEGAN TO HAVE A VERY SERIOUS UPTICK IN THE NUMBER OF PEOPLE, TRESPASSING ONTO OUR DRIVEWAY TO GET A BETTER LOOK AT IT AND TO TAKE PHOTOS OF IT.

UH, THE GONZALEZ RESIDENTS MAY NOT REALIZE THIS, BUT, UM, SINCE MEMBERS OF OUR FAMILY ARE ALWAYS OUTSIDE ON THE DRIVEWAY OR THE FRONT YARD, WE ARE THE PARTIES SUBJECTED TO THE CONSTANT STREAM OF COMMENTS, QUESTIONS, AND CONCERNS OF PEOPLE PASSING BY.

UM, AND THIS HAS ACTUALLY CONTINUED SINCE THE COVERING OF IT.

UM, THIS BECOMES VERY SERIOUSLY AT TIMES, ESPECIALLY AT NIGHT BECAUSE, UM, THEY HAVEN'T LIT UP, UM, THE CONTRAST OF THAT DARK SLOPE PLUS THE BRIGHT LIGHTING ON THE MURAL, UH, MAKE IT STAND OUT FAR MORE THAN IT DOES DURING THE DAY.

UM, I ACTUALLY HAD TO STOP WORKING WITH MY GARAGE DOOR OPEN EVEN A LITTLE BIT IN THE EVENING, UM, BECAUSE I WOULD BE STARTLED BY THE SUDDEN APPEARANCE OF SOMEBODY ON MY DRIVEWAY, BECAUSE AT NIGHT THEY WANT TO GET CLOSER TO TAKE A BETTER PHOTO, OR I WOULD BE DISTURBED BY SOMEBODY WANTING TO TALK TO ME ABOUT IT.

UM, SO ALTHOUGH THE MURAL IS PUBLICLY VISIBLE ART, UM, IT IS REALLY ONLY PRIVATELY ACCESSIBLE AND INTERACTIVE FROM SITES WITHIN THE GONZALEZ PROPERTY.

AND UNFORTUNATELY VISITORS FREQUENTLY CHOOSE OUR PROPERTY TO ATTEMPT TO BETTER VIEW AND DISCUSS THE MURALS PRESENCE.

AND THEREFORE, AS THE STAFF REPORT NOTES, THE DISPLAY OF THE MURAL HAS UNREASONABLY INTERFERED WITH THE USE POSSESSION AND ENJOYMENT OF THE SURROUNDING AND ADJACENT PROPERTIES.

I'D ALSO LIKE TO TOUCH ON THE POINT, THE, UH, ON THE STAFF REPORT REGARDING THE COMPATIBILITY WITH THE EXPECTED AESTHETICS OF THE SINGLE FAMILY RESIDENTIAL AREA.

SEVERAL TIMES I HAVE BEEN ASKED IF THE MURAL WAS ART FOR A NEW LIQUOR STORE WALL OR ART GALLERY AS PREVIOUSLY NOTED THE NIGHT LIGHTING MAKES THE MURAL TAKE ON A DIFFERENT CHARACTER WITH THE ELEVATION OF IT, MAKING IT RESEMBLE A BILLBOARD FROM THE LOWER ELEVATIONS AS A SIDE NOTE, ALTHOUGH MURAL HAS BEEN COVERED SINCE THE VERY RECENT ADDITION OF THE VERY LARGE TRAMPOLINE AND ABOUT FIVE SHADE SAILS, I'VE ACTUALLY BEEN ASKED IF THE PROPERTY IS BEING TURNED INTO A TRAMPOLINE PARK.

SO THESE TYPES OF COMMENTS INDICATE THAT THE PROPERTY IS BEGINNING TO TAKE ON A QUALITY ASSOCIATED WITH COMMERCIAL USES AND AS 0.1 OF THE ANALYSIS DECLARES THE MURAL, THEREFORE IMPAIRS THE CHARACTER OF THE ZONE IN WHICH IT IS LOCATED.

CONSEQUENTLY, BASED UPON THESE CIRCUMSTANCES, WE ASKED THAT THE PLANNING COMMISSION DENY THE CONDITIONAL USE PERMIT.

THANK YOU.

CAN WE GET HER ADDRESS? YEAH.

CAN WE GET YOUR ADDRESS, THE ADDRESS, UH, ONE 40 AND I HAVE A PICTURES.

[00:20:01]

IF YOU WANT TO SEE HOW OUR DRIVEWAY IS, CAN BE USED AND ACCESSED DO WE HAVE ANYONE ELSE IN OPPOSITION THAT WOULD LIKE TO SPEAK, PLEASE MAKE SURE TO STATE YOUR NAME, ADDRESS, AND, UH, LEAVE.

YOU CAN LEAVE THE CARD THERE.

GOOD EVENING.

I'M TRIN GRANT SPELLED T R I N H.

LAST IS G R A N T AND I'M HERE ON A DIFFERENT MATTER.

SO THIS IS THE FIRST TIME I'VE HEARD ABOUT THIS MURAL.

I'M A LANDLORD.

I OWN RESIDENTIAL PROPERTIES IN THE CITY OF LA HOMBRE.

UM, ART MAY BE BEAUTIFUL IN THE EYES OF A CERTAIN PERSON, BUT IT DISTRACTION TO OTHERS.

AND I HAVE MURALS INSIDE MY HOUSE.

I LIVE IN ANAHEIM HILLS, IT'S INSIDE MY HOME WHERE I MAY ADMIRE IT.

IT'S NOT ON THE OUTSIDE.

I'M NOT IMPOSING ON MY NEIGHBORS TO HAVE TO DRIVE BY AND LOOK AT IT EVERY DAY.

SO I REALLY DON'T THINK IT SHOULD BE PERMITTED.

UM, IF YOU PERMIT THIS CUP, OTHER RESIDENTS IN THE CITY WILL START APPLYING FOR THEIR OWN CUP AND START PUTTING UP THEIR OWN ART.

THAT MAY BE DISCRIMINATORY TO OTHERS.

THANK YOU.

THANK YOU.

THANK YOU.

ALL RIGHT.

ANYONE ELSE IN OPPOSITION OF THE PROJECT? ALL RIGHT.

SEEING NONE WE'LL MOVE FORWARD.

WE WILL NOW CLOSE A PUBLIC HEARING AND WE WILL CALL ON THE PLANNING COMMISSIONER FOR DISCUSSION OR EMOTION, UH, COMMISSIONER MANLEY.

UM, YEAH.

THANK YOU.

JEREMY KNOWS.

UM, I WOULD AGREE WITH WHAT SOME OF THE SPEAKERS HAVE SAID AND JUST MY OWN OBSERVATIONS GOING BY THE PROPERTY.

UM, OF COURSE FROM THE SUBJECT PROPERTY.

YOU'RE RIGHT.

YOU DON'T SEE ANY OF THE MURAL WHATSOEVER.

WHAT KIND OF STRUCK ME IS JUST A LITTLE BIT ODD WAS YOU DON'T REALLY SEE THE MURAL.

IT WOULD APPEAR FROM THE BACKYARD OF THAT PROPERTY ANYWAY.

UM, I DON'T THINK THAT REALLY MATTERS HEAVILY TO ME ONE WAY OR ANOTHER.

UM, SO ON GLENWOOD AND I THINK THE TWO SPEAKERS THAT THE FIRST SPEAKER VICTORIA AND THE SECOND SPEAKER, MISS HARTLEY, UM, I THINK FROM WHAT I SEE OUR NEXT DOOR NEIGHBORS AND SO TWO DIFFERENT PERSPECTIVES, AND I CAN SEE WHERE BOTH OF THEM ARE COMING FROM.

AND I WOULD AGREE WITH WHAT MS. MORAGA SAID THE HOUSE.

UM, IT IS BEAUTIFUL.

I, I DROVE BY THE FRONT FIRST AND, UM, WAS REALLY IMPRESSED THAT BEING SAID, I DON'T THINK, UM, A MURAL LIKE THIS, UM, OR ANY TYPE OF MURAL, UH, IS APPROPRIATE IN THAT PARTICULAR, UH, RESIDENTIAL LOCATION.

UM, I THINK THAT THIS WOULD BE A REALLY AWKWARD, DIFFICULT PRECEDENT THAT WE WOULD BE SETTING FROM THE CITY'S POINT OF VIEW ON WHAT WE FEEL IS APPROPRIATE AND INAPPROPRIATE.

AND WITH THERE NOT BEING A CLEAR CUT POLICY THAT THE CITY HAS FOR THIS TYPE OF RESIDENTIAL MURAL.

UM, IT'S REALLY DIFFICULT TO SAY YES TO THIS BECAUSE I LIKE IT OR NO TO THIS BECAUSE I DON'T LIKE IT.

I THINK WHAT'S EASIER IS FOR US TO SAY THAT THIS JUST PROBABLY ISN'T THE BEST USE, UM, FOR THAT PARTICULAR AREA AS IT'S CURRENTLY ZONED AND WITH THE POLICY THAT WE DO HAVE IN FRONT OF US.

SO I WOULD BE PREPARED, UH, TO MAKE A MOTION WHEN APPROPRIATE AND, UM, DENY THE REQUEST FOR THE CUP COMMISSIONERS.

ERIC, DO YOU HAVE ANY DISCUSSION? UM, I JUST WANTED TO SAY, UM, I DO DROVE BY THE PROPERTY AND FROM THE STREET VIEW ON SANDALWOOD, I ACTUALLY THOUGHT I WAS IN THE WRONG AT THE WRONG HOUSE BECAUSE THERE WAS NOTHING TO INDICATE IT UNTIL I DROVE ALL THE WAY AROUND THROUGH BELLWOOD AND, UH, GWEN GREENWOOD, UM, TO SEE WHERE THE ACTUAL

[00:25:01]

MURAL WAS LOCATED.

AND ALTHOUGH IT IS, UM, YOU KNOW, ARTISTIC QUALITY IS VERY NICE AS THE OTHER SPEAKER SAID, UM, I TOO FEEL THAT IT'S NOT THE BEST APPROPRIATE SETTING, UM, FOR SINGLE FAMILY NEIGHBORHOODS AT THIS TIME, IF THE CITY DOWN THE LINE CHANGES, YOU KNOW, WHAT MURALS SHOULD LOOK LIKE AND WHERE THEY SHOULD BE.

UM, YOU KNOW, WHOEVER DID THIS DRAWING SHOULD BE CONTACTED THAT TIME BECAUSE THEY DID A BEAUTIFUL JOB OF IT.

SO THAT'S JUST MY TAKE ON THE MURAL AT THIS TIME, MR. ROJAS, UH, YEAH, REITERATE SOME OF THE COMMENTS.

UM, THE MURAL IS BEAUTIFUL.

UM, I THINK IT WOULD LOOK GREAT AND MAYBE ONE OF OUR PUBLIC PARKS ACTUALLY.

UM, BUT DEFINITELY IT WOULD SET BAD PRECEDENTS BECAUSE AT THE END OF THE DAY, SOMEBODY ELSE COULD WALK IN HERE AND PROVIDE THEIR, THEIR INTERPRETATION OF A MURAL WHEN WE MAY NOT AGREE WITH IT.

BUT BECAUSE WE SET PRECEDENTS, YOU KNOW, OUR HANDS CAN BE TIED AT THAT AT THAT GIVEN MOMENT.

AND ALTHOUGH IT CAN BE PERCEIVED AS IT BEING PUBLIC ART, IT IS A PRIVATE RESIDENCE.

SO CLEARLY, YOU KNOW, EVEN THE TERMS ARE INCONSISTENT.

UM, AND FOR THAT REASON, UM, I WOULD SUPPORT STAFF'S, UH, RECOMMENDATION TO DENY THE CUV.

AND WITH THAT SAID, I AGREE WITH THE REST OF THE COMMISSIONERS, UM, UM, YOU KNOW, I'M ALL FOR PUBLIC ART AND I THINK PUBLIC ART SHOULD BE CURATED AND A SPA IN WHICH IT CAN BE ADMIRED AND DISCUSSED IN THE PUBLIC SETTING, NOT NECESSARILY IN A RESIDENTIAL ZONE.

AND WITH THAT SAID, I WILL CONCUR WITH THE REST OF THE COMMISSIONERS AND NOT APPROVING, UM, THE CONDITIONAL USE PERMIT.

BUT BEFORE THAT, WE DO NEED A FORMAL MOTION.

I THINK COMMISSIONER MANLEY, MR. CHAIR, I MAKE A MOTION APPROVING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA DENYING CONDITIONAL USE PERMIT 22 DASH 19 FOR PUBLIC ART MURAL AT TWO 11 WEST SANDALWOOD AVENUE.

IS THERE A SECOND? I'LL SECOND COMMISSIONER ZURICH FOR A SECOND.

PLEASE ENTER YOUR VOTE.

LISTEN PASSES FOR ZERO.

OKAY.

WELL WE NOT TO THE SECOND PUBLIC HEARING ITEM IS A DULY NOTICED PUBLIC HEARING FOR THE CONSIDERATION, A CONDITIONAL USE PERMIT 22 DASH 18 FOR THE OPERATION OF A SOIL VAPOR REMEDIATION SYSTEM AT 3 0 2, 2 4 40 NORTH HARBOR BOULEVARD.

DID WE RECEIVE ANY CORRESPONDENCE TO THIS ITEM? NO.

MR. CHAIR.

OKAY.

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

UH, MY NAME IS DAVID LOPEZ, ASSOCIATE PLANNER REPRESENTING THE PLANNING DEPARTMENT.

UH, THIS EVENING'S PERMIT IS FOR THE INSTALLATION OF A TEMPORARY, UM, SOIL VAPOR REMEDIATION SYSTEM AT THE SHOPPING CENTER ADDRESSED AS 3 0 2 THROUGH FOUR 40 NORTH HARBOR BOULEVARD.

UH, THIS ITEM WAS NOTICED AS THREE 70 NORTH HARBOR BOULEVARD.

UH, HOW FOR THEIR REMEDIATION SYSTEM WILL BE LOCATED ALONG THE NORTHEAST CORNER OF THE SHOPPING CENTER, UH, WHICH INCLUDES THE ADDRESSES 3 0 2 THROUGH FOUR 40 NORTH HARBOR BOULEVARD.

UM, WHICH INCLUDES THE THREE 70 NORTH HARBOR.

UH, THE SHOPPING CENTER IS IDENTIFIED AS THE HARBOR SQUARE.

UH, IT INCLUDES 26 COMMERCIAL SUITES OR UNITS, AND IT WAS CONSTRUCTED BETWEEN 1959, UH, THROUGH 1986.

AND THERE IS A ROW OF APARTMENTS LOCATED ALONG THE EASTERLY SIDE, SEPARATED BY A 20 FOOT WIDE PUBLIC ALLEY.

DRY CLEANING OPERATIONS WERE CONDUCTED WITHIN UNITS THREE 70 AND 3 76 NORTH HARBOR BOULEVARD FROM 1961 TO 1999, WHICH INVOLVED THE USE OF THE SOLVENT, UH, PER CLO REEF PILING WHERE PCE PCE IS IT'S COLA, COLORLESS, NON-FLAMMABLE LIQUID SOLVENT, UM, AND IT'S, UH, PRIMARILY USED IN DRY CLEANING AND DECREASING METALS.

UM, THE TWO UNITS THAT, UH, THIS OPERATION WAS CONDUCTED, THEY ARE LOCATED NEAR THE MIDDLE OF THE CENTER IN THE RED OUTLINE.

AND CURRENTLY, UH, THE SUITE NUMBER THREE 70 IS VACANT WHILE THE SUITE 3 76 IS OCCUPIED BY A RETAIL STORE FRAME.

OUR MINERAL INCORPORATED WAS HIRED IN 2021 TO CONDUCT A SITE ASSESSMENT OF THE CENTER, INCLUDING THE INSTALLATION OF MONITORING WELLS, UH, TO EVALUATE POTENTIAL REMEDIATION ACTIONS.

THE REQUESTED ACTIONS INVOLVE THE USE OF A TEMPORARY

[00:30:01]

SOIL VAPOR EXTRACTION REMEDIATION SYSTEM TO REDUCE THE CONCENTRATIONS OF PCE, WHICH ARE FOUND IN THE SOIL BENEATH THE CENTER.

THEIR REMEDIATION SYSTEM WILL BE LOCATED AT THE NORTH END OF THE CENTER.

UM, IT'S TECHNICALLY BEHIND THE CENTER, NOT VISIBLE FROM, UH, HARBOR BOULEVARD.

IT'S ALSO NOT TAKING UP ANY PARKING OR DOES NOT INVOLVE ANY TYPE OF MODIFICATION TO THE ONSITE LANDSCAPING.

UM, THE SYSTEM IS ANTICIPATED TO BE IN OPERATION FOR 12 TO 18 MONTHS, AND THERE WILL BE FOUR FIELD PERSONNEL ON SITE, ON A WEEKLY BASIS TO MONITOR THE SYSTEM.

UM, AND THIS REMEDIATION WILL BE OPERATIONAL 24 HOURS A DAY, SEVEN DAYS A WEEK.

THE PROPOSAL INCLUDES THE USE OF A 10 FOOT BY EIGHT BY EIGHT AND A HALF FOOT HIGH, FULLY ENCLOSED METAL CONTAINER THAT WILL BE USED TO HOUSE THE REMEDIATION EQUIPMENT.

UM, THE CONTAINER WILL BE SECURED WITH LOCKING ACCESS STORES.

OTHER EQUIPMENT INCLUDES TWO, FOUR FOOT DIAMETER BY EIGHT FOOT HIGH VESSELS THAT ARE FILLED WITH HIGH GRADULAR ACTIVE CARBON.

THESE WILL BE SET BACK FIVE FEET FROM THE NORTH PROPERTY LINE AND ABOUT 20 FEET FROM THE EASTERN PROPERTY LINE, THE SYSTEM WILL OPERATE VIA ELECTRICITY, AND THAT'D BE BY WAY OF A TEMPORARY POWER POLE THAT WILL BE PLACED NEAR THE NORTH END OF THE SHOPPING CENTER.

THE EQUIPMENT INCLUDES A VACUUM, A BLOWER THAT WILL BE USED TO EXTRACT SOIL VAPOR, UH, THAT WILL BE TREATED BY PASSING THROUGH THE TWO CARBON FILLED VESSELS RESULTING IN AIR AND VAPOR BEING RELEASED OR DISCHARGED INTO THE ATMOSPHERE VIA A 13 FOOT HIGH, UH, BENT PIPE OR STACK THAT EXTENDS OUTWARD FROM THE METAL CONTAINER WITH OTHER REMEDIATION SYSTEMS. NOISE IS A CONCERN AND THE APPLICANT AS INDICATED THIS CONTAINER WILL BE INSULATED.

IT ALSO INCLUDES A SILENCER AS PART OF THE EQUIPMENT AND A CONDITION HAS BEEN INCLUDED THAT WILL REQUIRE A POST CONSTRUCTION NOISE ANALYSIS TO VERIFY KNOWS I PUT NOISE OUTPUT AND COMPLIANCE.

THE APPLICANT WILL ALSO BE REQUIRED TO OBTAIN A PERMIT FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT OR AMD, AND, UH, PROVIDE PROGRESS REPORTS TO THE ORANGE COUNTY HEALTHCARE AGENCY.

SIMILAR, UM, EQUIPMENT FACILITIES HAVE BEEN APPROVED IN OTHER, UH, S SHOPPING CENTERS AND SERVICE STATIONS, UH, WHICH HAS NOT RESULTED IN ANY COMPLAINTS OR ISSUES THEY'RE REQUIRED.

FINDINGS CAN BE MADE IN SUPPORT OF THE REQUESTS.

THEREFORE STAFF RECOMMENDS THAT THE PLANNING COMMISSION APPROVE CONDITIONINGS PERMIT 22 DASH 18.

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

THANK YOU, DAVID.

AT THIS TIME, I WILL ASK THE PLANNING COMMISSIONERS, IF THEY HAVE ANY QUESTIONS OF STAFF, COMMISSIONER MANLEY, UH, NO, DAVID, THIS IS OFFICIALLY YOU LEARN SOMETHING NEW EVERY DAY.

UM, SO THIS WAS REALLY INFORMATIVE.

I HAD NO IDEA ABOUT A LOT OF THIS AND, UM, BUT ALL OF THAT TO SAY NO QUESTIONS.

THANK YOU, DAVID COMMISSIONER ZURICH.

UH, YES, DAVID.

UM, THE QUESTION I HAVE, I KNOW THAT IN READING THE INFORMATION ON WHAT THE CITY REQUIRES, UM, THE DECIBELS FOR THIS PARTICULAR UNIT, I KNOW THAT THE CITY STATES FOR DURING THE DAY CAN NOT EXCEED 55 DECIBELS DURING A CERTAIN PERIOD IN 50 IN THE EVENING.

SO WHAT IS THE DECIBEL UNIT ON THIS PARTICULAR? YES, THE DETAILS PROVIDED BY THE APPLICANT INDICATE THAT THE MECHANICAL EQUIPMENT CAN PRODUCE UP TO 74 DECIBELS, AND THAT IS, UM, NOT ENCLOSED, NO TYPE OF SILENCERS.

SO IT WAS JUST THE SYSTEM OPERATING AT FULL LOAD.

WHAT STAFF ANTICIPATES IS WITH THE ADDITION OF THE SILENCER AND THE FULLY ENCLOSED METAL CONTAINER THAT WOULD ABSORB THE SOUND AND DISSIPATE AS IT GOES FURTHER OR, UH, NEAR THE RESIDENTIAL AREAS, UM, WITH THE CONDITION THAT THE APPLICANT, UH, PROVIDE A POST INSTALLATION, UH, NOISE ANALYSIS WILL ALSO VERIFY WHAT THAT READING IS AND IF FOR THEIR MITIGATION IS NEEDED TO, UH, REDUCE THE SOUND DECIBELS.

I THINK THAT'S ALL I, YEAH, IS THERE GOING TO BE ANY WASTE BEING PRODUCED SINCE IT IS A REMEDIATION PROJECT, THE MOVE WILL BE DISCHARGED.

THE WASTE IS GOING TO BE WATER VAPOR THROUGH THE ATMOSPHERE AND THE CONTAINERS, THE TWO, 2000 POUND CONTAINERS.

THOSE WILL BE MAINTAINED ON A REGULAR BASIS

[00:35:01]

AS THEY ARE ACTUALLY COLLECTING THE CONTAMINATED, UH, CHEMICALS.

SO IN ESSENCE, THEY'RE JUST GOING TO EVAPORATE.

THE CONTAMINATION IS GOING TO EVAPORATE, CORRECT.

IS THERE ANY TYPE OF FILTRATION OR ANY TYPE OF, UH, SCREENS THAT WILL BE PUT IN PLACE TO ENSURE THAT WHAT'S BEING EVAPORATED ISN'T HURTFUL TO THE AIR? YES.

AND THAT'S THROUGH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THAT'S THAT PERMIT THAT THE APPLICANT WILL BE REQUIRED.

GOTCHA.

JUST WANTED TO MAKE SURE THE CITY DIDN'T HAVE ITS OWN REQUIREMENTS AS WELL.

THANK YOU.

I KNOW IT'S GOING TO BE PLACED BETWEEN THE TWO PLANTERS, BUT IS THERE GOING TO BE ANY BOLLARDS OR ANYTHING? I SEE THE TRASH ENCLOSURE, SO I DON'T KNOW IF LIKE THE TRASH SHIRT GOES UP OR CARS KIND OF USE THAT AREA.

I'M JUST AFRAID OF SOMEONE BACKS UP AND THEN THEY HIT, I KNOW IT'S GOING TO HAVE AN IT STRUCTURE, BUT I DON'T KNOW IF THAT'S GOING TO BE ENOUGH TO LIKE THEY, THE SITE PLAN DID NOT SPECIFY ANY TYPE OF BOLLARDS.

UM, CERTAINLY WE CAN INCLUDE THAT AS A CONDITION.

I WOULD JUST, I MEAN, I'M JUST CONCERNED THAT IN CASE THERE IS SOME CARS AND THEN THEY HIT IT.

OKAY.

AND THEN, I MEAN, I KNOW IT'S NOT FLAMMABLE, BUT I KNOW IT'S GOING TO CREATE SOME ISSUES.

AND ESPECIALLY IF THERE'S CONTAMINATED THINGS THAT GO INTO THE AIR WELL, AFTER THEY'RE CLEANED, I MEAN, YOU KNOW, THEY'RE GOING TO GET CLEANED, BUT BEFORE THAT, THAT WOULD BE THE ONLY CONCERN.

AND THAT'S IT FOR QUESTIONS ON MY END.

SO WE'LL NOW OPEN THE PUBLIC HEARING.

WE WILL HEAR FROM THOSE WISHING 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.

PLEASE STATE YOUR NAME AND ADDRESS AND SPELL YOUR NAME.

UH, IT'S KENT TUCKER, K E N T T U C K E R.

I'M A GEOLOGIST WITH FRYE ENVIRONMENTAL.

WHAT WE'RE PROPOSING THIS REMEDIATION SYSTEM.

I THINK THIS WILL BE OUR FOURTH IN THE CITY OF LA OPERA.

AND LIKE DAVID SAID THAT WE HAVEN'T HAD ANY NOISE COMPLAINTS.

WE'D LIKE TO PROVIDE A SOUND STUDY, BUT WE'RE HAVING THIS UNIT SPECIFICALLY FABRICATED FOR THE SITE.

SO IT DOESN'T EXIST YET.

THE, UH, MANUFACTURER'S OUT OF FULLERTON AND HE HAS MADE SIMILAR ONES, BUT NOT TO OUR SPECIFICATIONS.

AND HE HAS THEM UP IN THE BAY AREA AND SO FORTH.

THIS ONE SHOULD BE ONE OF OUR MULLER QUIET ONES WE PUT IN OTHER THAN WHAT DAVID SAYS, WE PUT ON A VARIABLE FREQUENCY DRIVE WHERE WE CAN CONTROL THE MOTOR SPEED THAT IF BECOMES NECESSARY TO WIND IT DOWN, BASICALLY WE CAN CYCLE IT.

WE PREFER NOT TO.

WE WANT TO CLEAN IT UP AS FAST AS POSSIBLE.

SO THE W IT WILL BE METAL WITH A RIGID FOAM INSULATION INSIDE OF IT WITH OTHER SHROUDING THE CARBON VESSELS.

IT'S GRANULAR CARBON.

THEY, AS A CONTAMINANT FLOWS THROUGH IT, IT CAPTURES IT INTO THE CARBON AND WITH OUR SOUTH COAST PERMIT WHERE WE'LL BE MONITORING BETWEEN VESSELS AND AT THE STACK, AND THERE ARE REQUIREMENTS FOR BREAKTHROUGH MONITORING.

AND THEN WHEN WE HAVE BREAKTHROUGH ON THE FIRST ONE, THE SECOND ONE IS BASICALLY A SAFETY FACTOR.

WE HAVE THE CARBON CHANGED OUT.

THAT'S WHERE YOUR CONTAMINANTS WILL THEN GO AWAY.

THEY'LL GO TO A FACILITY THAT WILL RECYCLE THE CARBON BY BURNING IT.

SO BASICALLY THE CONTAMINANTS LEAVE.

LAHABRA GO TO A LICENSED FACILITY FOR RECYCLING.

UH, WE, WE CHOSE THE SPOT BECAUSE IT BEING LIKE EVERYTHING DAVID SAID, BUT, UH, PLEASE FEEL FREE TO CONDITION THE BOULEVARDS.

THAT'S PROBABLY SOMETHING WE WILL BE DOING BECAUSE JUST TO PROTECT THE EXPENSIVE EQUIPMENT, UH, YOU HAVE ANY QUESTIONS ABOUT ANY OF THE DETAILS FURTHER? YEAH.

MY ONLY QUESTION YOU JUST ANSWERED, I WAS GOING TO ASK HOW YOU, I MEAN, THIS IS WHAT YOU DO FOR A LIVING AND HOW YOU FELT ABOUT THE BULLARD'S AND, OH, DEFINITELY.

WE WE'VE BEEN HAVING PROBLEMS. THESE LE WE'VE ALWAYS HAD PROBLEMS, BUT IT'S JUST ESCALATED THESE LAST FEW YEARS WITH PEOPLE LIVING WITHIN ENCLOSURES THAT WE MAKE, YOU KNOW, THAT WAS OUR STANDARD THING WAS BEING CLOSED.

EVERYTHING WITH CHAIN LINK, SLADEK OR THINGS, AND THEY'RE BECOMING LIVING ENVIRONMENTS.

SO WE'RE THINKING THIS ONE KIND OF TUCKED BACK THERE AND STUFF WE DO IN THIS METAL BOX, THAT'S YOU, AREN'T GONNA BE ABLE TO GET IN, IT'S GOING, GONNA BE FULL OF COMPONENTS ANYWAY, INSTEAD OF BEING CLOSING IT AND HAVING PEOPLE SLEEPING IN THAT, WE WANT TO TRY THIS TO DO THAT.

WE, THIS, UH, THE BULLARD WOULD PROVIDE A GREAT EXIT FOR THAT GREATER ELEMENT OF PROTECTION THAN THE FENCE WOULD TO.

RIGHT.

CORRECT.

USUALLY WE DO.

BULLARD'S ANTHEM.

YOU DO BOTH, BOTH TYPICALLY.

OKAY.

BUT YOU'RE STEERING AWAY FROM THE FENCE BECAUSE OF THOSE CONCERNS YOU JUST BROUGHT UP.

RIGHT.

WE'RE HAVING EQUIPMENT VANDALIZED BEHIND CLOSED DOORS, BASICALLY.

YEAH.

[00:40:01]

PERFECT.

I'LL SHARE MY DISCUSSIONS WITH THE COMMISSIONER.

UM, MY THOUGHTS WITH THE COMMISSION, UM, IN A MOMENT, BUT THANK YOU, MR. TUCKER.

THANK YOU.

OH, I HAVE ONE MORE QUESTION FOR YOU.

HOW OFTEN WILL THE CARBON BE REPLACED? IT IS ALL CONSUMPTION AND HOW MUCH WE GET OUT OF THE GROUND, UH, PCE SITES LIKE THIS.

THEY'RE NOT THAT CONTAMINATED AS OPPOSED TO A GASOLINE'S SITES.

SO SOMETIMES WE CAN CLEAN UP A SITE WITHOUT CHANGING IT.

OH, WOW.

SO I WOULD SUSPECT THE EARLIEST WOULD BE SIX MONTHS, BUT OUR SERVICE STATION SITES, WE MAY START OFF WITH EVERY TWO WEEKS AND A MONTH AND THEN THREE MONTHS BECAUSE ARE HEAVILY IMPACTED.

IT'S A HEAVIER ELEMENT TO DEAL WITH, BUT THE DRY CLEANERS, LIKE, YOU KNOW, YOU GET YOUR STUFF FROM THE DRY CLEANERS AND THEY DON'T SMELL OR ANYTHING BECAUSE IT GOES AWAY.

IT'S REALLY LIGHT.

I HAVE ONE QUESTION.

I'M SORRY.

SO WHEN YOU TAKE IT, I WOULD GO HARD, BRO, WHICH IS A GOOD THING.

THANK YOU.

WHERE DOES IT GO? UH, IT DEPENDS UPON THE VENDOR THAT WE USE.

WE DO A VENDOR IN SOUTH GATE THAT I THINK SHIPS IT OUT IN THE DESERT OR SOMEPLACE, BUT I DON'T TRACK IT ALL THE WAY.

OKAY.

YEAH.

THANK YOU.

ONE MORE QUESTION.

THAT'S ALL, YOU KIND OF TOUCHED ON IT AS FAR AS, UM, ISSUES I'VE BEEN HAVING WITH UNHOUSED AND SO FORTH.

SO I KNOW THAT THE UNIT ITSELF IS GOING TO BE RIGHT UP TO THE EXISTING PLANNER.

I'M ASSUMING THAT'S LIKE A FIVE FOOT SETBACK RIGHT BEHIND THE PLANNER WHERE THERE'S EXISTING SHRUBS.

SO I DON'T KNOW IF YOU GUYS PLAN ON, I DON'T PUTTING LIKE FENCING ON THE SIDE, SO PEOPLE DON'T LIKE THEY'VE ON THE BACK OF IT.

WE WERE NOT PLANNING ON DOING ANYTHING.

SO THAT'S THE ONLY THING.

CAUSE I POTENTIALLY SEE THAT IT JUST, ITS PROFILE WOULD BE JUST A TAD HIGHER THAN THE BUSHES ARE RIGHT NOW.

OH, OKAY.

I DON'T KNOW.

YEAH.

I CAN'T REALLY TALK CAUSE I KNOW THERE'S LIKE A SLOPE.

YEAH.

OKAY.

NO, NO, NO.

I MEAN, I'M JUST PUTTING IT OUT THERE.

I MEAN, IF YOU'RE, IF YOU GUYS ARE SAYING THAT IT'S PRETTY MUCH THE SAME HEIGHT AS THAT, THEN, I MEAN, THERE SHOULD BE FINE.

YEAH.

I THINK VISIBILITY WISE, THE POLICE WOULD PATROL.

I, I ASSUME THEY WOULD GO AROUND THE ALLEYS AND STUFF.

THEY'LL GET FULL VISIBILITY WHERE OUR ENCLOSURES WAS OFF THE VIEW WITH FIVE FEET TALL, FIVE FEET TALL IN THAT ENCLOSURE, YOUR, YOUR ENCLOSURE IS, IS ABOUT FIVE FEET, HIGH SIX, RIGHT? DAVID, THE METAL ONE.

I DON'T HAVE THE DIMENSIONS THAT I HAVE ABOUT EIGHT FEET.

WHY HAVE I, OH, HI, HEIGHT-WISE EIGHT AND A HALF FEET HIGH.

THAT WOULD BE MORE THAN, I MEAN, I'M ASSUMING THAT PANNERS LESS THAN A COUPLE OF FEET.

LIKE ON THE, I SEE THE SLOPE THERE.

LIKE I, I WOULD SAY ON THE RIGHT SIDE, MAYBE FOUR FEET AT BEST.

AND THEN IT GOES TO, YOU KNOW, TWO, TWO AND A HALF FEET ON THE OTHER SIDE.

RIGHT.

UM, SO EITHER WAY FOUR TO SIX FEET OF THE ENCLOSURE IS GOING TO BE ABOVE THAT WALL THAT WE'RE LOOKING AT THERE, WHICH IS PROBABLY A ENOUGH OF A CONCERN.

I DON'T KNOW IF THAT'S, UH, NECESSARILY, UH, YEAH.

UM, I SEE WHERE YOU'RE COMING FROM.

MR. CHAIR.

I THINK IT'S JUST, I MEAN, IT'S, IT CAN BE A POTENTIAL PLACE FOR SOMEONE TO CRASH, LIKE HOW YOU GUYS HAVE TO LIVE AND SO FORTH.

AND THEN IF YOU GUYS PUT LIKE FENCING ON THE SIDE, SO THEN IT KIND OF DOESN'T ALLOW THEM TO GO IN BEHIND IT.

I MEAN, WE'VE TRIED EVERYTHING.

THAT'S STILL THEY'LL GET CONSTANTINE WIRE AND NOTHING MORE.

SO IF THERE BE FOR, FROM YOUR PERSPECTIVE, MR. TUCKER, IF ANYONE WAS, YOU KNOW, CAMPING OUT BEHIND THE ENCLOSURE, UM, THE ENCLOSURE IS SECURE ENOUGH TO WHERE THAT WOULD PRESENT NO ISSUES FOR WHAT YOU'RE TRYING TO ACCOMPLISH.

RIGHT.

OKAY.

OKAY.

I THINK THAT'S FINE.

I'M JUST, I DEFINITELY WANT THE BOLLARDS BECAUSE I DEFINITELY SEE THAT AS A CONCERN.

ALL RIGHT.

ALL RIGHT.

WE WILL NOW OPEN THE PUBLIC HEARING THAT.

OKAY.

WE WILL NOW HEAR FROM THOSE WISHING AND OPPOSITION TO THE PROPOSED PROJECT.

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

DO YOU HAVE ANYONE IN OPPOSITION TO THE PROJECT? RIGHT.

SEEING NONE.

WE WILL NOW MOVE ON.

WE WILL CLOSE THE PUBLIC HEARING AND WE WANTED DISCUSSION OR MOTION.

YEAH.

I WOULD JUST WOULD HAVE A QUESTION FOR STAFF.

UM, UH, THE, UH, SORRY, IT'S NOT A PUBLIC MEETING WHERE WE CAN INTERACT AND SO FORTH.

IT'S JUST, YOU CAN ONLY GIVE INPUT.

ALL RIGHT.

UM, I'D BE HAPPY TO TALK WITH YOU.

AND I KNOW THAT MAYBE STAFF WOULD BE AFTER THE MEETING.

UM, SO JUST STICK AROUND

[00:45:01]

IT.

I DON'T THINK IT'S GOING TO BE MUCH LONGER.

UM, DAVID WOULD THE ISSUE OF BOLLARDS THAT KEEPS COMING UP? WOULD THAT BE SOMETHING THAT WE WOULD NEED TO CONDITION INTO THE CUP? YEAH, I WOULD RECOMMEND THAT PROJECT SPECIFIC CONDITION, NUMBER SIX, BE INCLUDED TO THE RESOLUTION TO INCLUDE LANGUAGE THAT REQUIRES THE INSTALLATION OF BOLLARDS WITH THE, UH, PLAN TO BE APPROVED BY, UH, THE DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT OR DESIGNEE PROJECT CONDITION, NUMBER SIX, NUMBER SIX.

OKAY.

WHAT WAS THE, WHAT WAS THE PART THAT YOU HAD AFTER THAT DAVID, UH, APPLICANT TO PROVIDE BALL, UH, BOLLARDS WITH THE LOCATION TO BE REVIEWED AND APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT OR DESIGNEE.

OKAY.

UM, AND FROM THE, AND I WOULD ADD PRIOR TO THE ISSUANCE OF PERMITS TO THE END OF THAT.

OKAY.

AND FROM STAFF'S PERSPECTIVE, DAVID, UM, THE OTHER ITEM THAT CAME UP AMONG THE COMMISSION WITH SOME TYPE OF, YOU KNOW, ENCLOSURE OR, OR FENCING BEHIND THE METAL ENCLOSURE, UM, THE STAFF HAVE ANY INPUT ON THAT.

MR. MANLEY FOR LIGHT.

UM, THIS IS KIND OF A TRICKY QUESTION WHEN DEALING WITH, WITH THOSE TYPES OF ISSUES THAT PEOPLE CAMP OUT, SOME SOMETIMES PROVIDING AN ENCLOSURE, JUST MIX AT WORDS, BECAUSE IT PROVIDES THEM WITH SECURITY.

I THINK GENERALLY WE FIND IT'S BETTER THAN THAT IT'S KEPT OPEN SO THAT EVERYBODY HAS ACCESS TO, TO SEE WHAT'S GOING ON BACK THERE.

BUT I SAID, THERE'S NO HARD AND FAST RULE.

THAT JUST SEEMS TO BE THE MOST EFFECTIVE.

THAT'S DEFINITELY LIKE MY POSITION AS WELL.

SO I APPRECIATE HEARING THAT FROM YOU, ROY.

UM, AND FROM STAFF, I THINK THAT I FEEL THE SAME WAY.

UM, SO I DON'T, I GUESS I DON'T HAVE ANY FURTHER QUESTIONS.

I'D BE IN FAVOR OF A MOTION TO APPROVE THIS WITH THOSE CONDITIONS AS WE DISCUSSED ANY OTHER QUESTIONS BEFORE COMMISSIONER MANLY MAKES THE MOTION GO FOR IT, MAN THERE, DAVID W WE'LL JUST WORK THAT IN AT THE END HERE, YOU THINK IS BEST.

YES.

OKAY.

MAKE A MOTION TO APPROVE AND RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22 DASH 18 FOR THE OPERATION OF A SOIL VAPOR REMEDIATION SYSTEM AT 3 0 2 TO FOUR 40 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS, WHICH WOULD INCLUDE PROJECT CONDITIONS.

NUMBER SIX, WHERE THE APPLICANT WILL PROVIDE BOLLARDS, UH, WITHIN THE LOCATION TO BE REVIEWED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR DESIGNEE.

AND THAT WOULD OCCUR PRIOR TO THE ISSUANCE OF THE CUP.

SORRY.

UH, PRIOR ITERATIONS OF PERMITS PRIOR TO ISSUANCE OF PERMITS, BUILDING PERMITS.

WE GOT IT.

THIRD TIME, PLEASE TELL ME WE DON'T HAVE TO READ IT ALL AGAIN.

THANK YOU.

ALL RIGHT.

THANK YOU, COMMISSIONER.

MELANIE, DO WE HAVE A SECOND? I SECOND, THE MOTION SECOND BY VICE-CHAIR ROJAS.

EVERYONE.

PLEASE ENTER YOUR VOTES.

MOTION CARRIES FOUR ZERO.

MOVING ON TO COMMENTS FROM STAFF.

ARE THERE ANY COMMENTS FROM STAFF? YES, I HAVE NO COMMENTS, BUT I'LL DEFER TO, I'LL REFER TO DEPUTY DIRECTOR.

RAMSON UH, I WOULD JUST, UM, REMIND EVERYBODY TO CHECK YOUR EMAIL BOXES CAUSE UM, YOU KNOW, THE WAY THE SYSTEM WORKS, THAT THEY LOCK YOU OUT.

IF YOU DON'T CHECK THEM ON A REGULAR BASIS AND WE WE'D SENT AN EMAIL OUT TO YOU A WEEK OR SO AGO, AND WE DON'T WITH A RETURN RECEIPT AND I DIDN'T GET COMMENTS BACK THAT EVERYBODY HAD RESPONDED.

SO JUST WANTED TO MAKE SURE THAT YOU SAW THE EMAIL REGARDING THE CITY'S POLICY ON COMPLIMENTARY TICKETS.

AND IF YOU HADN'T, UH, YOU KNOW, PLEASE GO INTO YOUR EMAIL AND READ THAT.

THANK YOU.

RIGHT? I THINK I DID RESPOND.

YOU DID? YES.

OKAY.

ME TOO.

ALRIGHT.

IS THAT IT ROY? THAT'S IT.

OKAY.

ALL RIGHT.

COMMENTS FROM THE COMMISSIONERS.

DO WE HAVE ANY COMMENTS, UH, FROM OUR COMMISSIONERS MADLY

[00:50:02]

COMMISSIONER ZURICH? UH, YES.

I JUST WANTED TO REMIND, UM, ALL THE COMMISSIONERS AND THOSE IN THE AUDIENCE.

UM, THURSDAY NIGHTS IS THE CONCERTS IN THE PARK AT PORTOLA PARK.

DON'T FORGET TO GO.

THIS IS THE, UH, DIVAS, UM, NIGHT.

THEY HAVE A VERY LARGE FOLLOWING, SO IT'S, UH, STARTS AT SEVEN TO, I THINK EIGHT 30.

THE LAHABRA HOST LIONS WILL BE THERE, UH, SELLING HOTDOGS AND HAMBURGERS DRINKS AND THEIR FAMOUS, UM, FUNNEL CAKES.

THANK YOU.

AND, UM, I'LL BE THERE WITH THE AMERICAN LEGION SELLING TICKETS FOR, UH, TO WIN A BEAUTIFUL HANDMADE QUILT.

SO COME BY AND SEE ME.

I'LL BE THERE NEXT TO THE, UM, CITY OF ALHAMBRA NEXT TO THE STAGE.

LOOK FORWARD TO SEEING YOU RIGHT.

VICE-CHAIR ROJAS.

I JUST HAVE TWO COMMENTS, ONE, UM, VANDALISM IS A HUGE ISSUE IN, UM, WHEN IT COMES TO UTILITIES AND INFRASTRUCTURE.

UM, SO JUST DISCUSSING IT AND TRYING TO PREVENT THAT AS VERY DIFFICULT.

WE'RE SEEING THAT A LOT IN WITH OUR WATER TREATMENT AND OUR WELLS AND, UM, SO IT'S JUST, IT'S, IT'S BAD.

UM, IT'S COSTING MILLIONS OF DOLLARS, UM, THROUGHOUT THE ENTIRE REGION.

SO ANYTHING THAT WE CAN DO TO TRY TO PREVENT, UM, VANDALISM OR DETER IT, UM, WOULD IT BE REALLY HELPFUL? SO, UM, HOPEFULLY THAT DOESN'T HAPPEN IN THIS SITE.

AND THEN MY OTHER COMMENT WAS REGARDING THE EMAIL ACTUALLY COULDN'T GET INTO MY EMAIL BECAUSE IT'S A, TO NOW IT'S LIKE A SECURITY TWO FACTOR SYSTEM.

SO IT WOULDN'T LET ME IN BECAUSE THE CODE WAS BEING SENT TO THE EMAIL THAT I COULDN'T GET INTO.

GOOD FOR US TO KNOW SO WE CAN GET THAT.

YEAH.

SO I ACTUALLY DID END UP CALLING IT AND THEY HELPED ME.

THEY WERE VERY HELPFUL AND VERY GRACIOUS.

UM, AND I APPRECIATE THAT, BUT THAT'S ACTUALLY WHAT HAPPENED.

SO IT WASN'T BECAUSE I HADN'T CHECKED MY EMAILS CAUSE I KIND OF GET INTO IT.

UM, AND THAT CONCLUDES MY, MY CLASS.

THANK YOU.

I HAVE NO COMMENTS, BUT BEFORE CLOSING THE MEETING, I DO WANT TO THANK ALL THE COMMUNITY MEMBERS FOR ATTENDING THE MEETING.

UM, THIS ALL PART OF THE PLANNING PROCESS.

SO I DO APPRECIATE EVERYONE ATTENDING.

SO WITH THAT SAID, UM, WE'RE ADJOURNING THE MEETING TO MONDAY, AUGUST 8TH, 2020 TO.