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THIS TIME THE MEETING WILL

[00:00:01]

PLEASE COME TO ORDER.

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, MAY 8, 2023 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.]

WILL THE AUDIENCE PLEASE STAND AND JOIN? COMMISSIONER MAJA, UM, IN THE PLEDGE OF ALLEGIANCE.

READY? BEGIN PLEDGE.

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

PLEASE BE SEATED.

WILL THE SECRETARY PLEASE CALL ROLL CHAIR ROJAS.

HERE.

VICE CHAIRS HERE.

COMMISSIONER BERNER.

HERE.

COMMISSIONER MAK.

HERE, LET THE RECORD SHOW THAT COMMISSIONER MANLEY HAS AN EXCUSED ABSENCE.

WE WILL NOW MOVE ON TO PUBLIC COMMENT.

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 LOANED 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 ITEM OF CITY BUSINESS NOT APPEARING ON THE SCHEDULED AGENDA.

PER GOVERNMENT CODE SECTION 5 4 9 5 4 0.3 A SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING, DO WE HAVE ANYONE THAT WISHES TO ADDRESS THE COMMISSION? OKAY, WE WILL NOW SEE NONE.

WE WILL NOW CLOSE PUBLIC COMMENTS AND MOVE ON TO CONSENT CALENDAR.

ALL MATTERS ON CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION.

UNLESS A COMMISSIONER CITY STAFF MEMBER OR A MEMBER OF THE AUDIENCE REQUEST 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 DIS WELL, SORRY, 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 ALONE TO ANOTHER INDIVIDUAL.

FOR PURPOSES OF EXTENDING AVAILABLE SPEAKING TIME AND COMMENTS MUST BE KEPT BRIEF, NON-REPETITIVE AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION AT THIS TIME IS A CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE THROUGH THREE.

ALL ITEMS WILL BE APPROVED WITH ONE VOTE UNLESS AN ITEM IS REMOVED.

FOR FURTHER DISCUSSION, DO ANY OF THE COMMISSIONERS WISH TO REMOVE AN ITEM? OKAY.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO HAVE AN ITEM REMOVED? HEARING NONE AT THIS TIME.

MAY I HAVE A MOTION? I MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.

IS THERE A SECOND? ALL SECOND.

A MOTION HAS BEEN MADE BY COMMISSIONER MECHA AND SECONDED BY COMMISSIONER ZURICH.

EVERYONE PLEASE ENTER YOUR VOTE.

MOTION PASSES.

FOUR ZERO.

THANK YOU.

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

TONIGHT'S ITEM IS DULY NOTICE PUBLIC HEARING TO CONSIDER A REQUEST FOR ZONE CHANGE 23 DASH ZERO ONE TO AMEND TITLE 18 ZONING OF THE LAHABRA MUNICIPAL CODE RELATING TO GENERAL RETAIL USES AND PERSONAL SERVICES AND THEIR HOURS OF OPERATION.

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

DO WE HAVE A STAFF REPORT? GOOD EVENING PLANNING COMMISSIONERS.

MY NAME'S DAVID LOPEZ, ASSOCIATE PLANNER AND I'LL BE, UH, PROVIDING THE PRESENTATION IN SUMMER OF 2022.

UH, CERTAIN GENERAL RETAIL BUSINESSES THAT, UH, SELL ALCOHOLIC BEVERAGES FOR OFFSITE CONSUMPTION AND THAT OPERATE 24 HOURS A DAY, UM, WITNESSED, UH, CRIMINAL ACTIVITY THAT OCCURRED IN THE EARLY MORNING HOURS.

THOSE EVENTS PROMPTED AN ANALYSIS OF THE CITY ZONING CODE IN WHICH IT WAS DETERMINED THAT THE ZONING CODE LACKED ANY DEFINITIONS FOR J R RETAIL BUSINESSES, AND IT ALSO DID NOT SPECIFY ANY SPECIFIC HOURS OF OPERATION FOR J R RETAIL BUSINESSES.

IN FEBRUARY OF THIS YEAR, THE CITY COUNCIL DIRECTED, UH, STAFF TO AMEND THE ZONING CODE TO INCLUDE PROVISIONS, UM, WHICH ARE NOW OUTLINED IN ZONE CHANGE 2301.

THOSE INCLUDE ADDING A CLEAR DEFINITION FOR GENERAL RETAIL BUSINESSES AS WELL AS PERSONAL SERVICE USES AND THE MODIFICATION OF THE LAND USE MATRIX TO REQUIRE A CONDITIONAL USE PERMIT FOR ANY GENERAL RETAIL BUSINESS THAT WISHES TO OPERATE 24 HOURS A DAY.

BEGINNING WITH THE DEFINITIONS, GENERAL RETAIL HAS BEEN DEFINED, UH, FOR BUSINESSES THAT ARE FOCUSED ON THE SALE MERCHANDISE TO THE PUBLIC.

IN PAST PLANNING PRACTICES, STAFF HAS CATEGORIZED CERTAIN SERVICES AS GENERAL RETAIL.

THESE HAVE INCLUDED BEAUTY SALONS, NAIL SALONS,

[00:05:01]

BARBERSHOPS, DIET AND NUTRITION CENTERS.

WITHIN ATTACHMENT TWO, WHICH IS THE DRAFT ORDINANCE, IT INCLUDES THE PROPOSED DEFINITION FOR BOTH OF THESE, AND I'LL READ THESE FOR THE RECORD.

GENERAL RETAIL MEANS ANY ESTABLISHMENT FOCUSING ON THE SALE MERCHANDISE TO THE PUBLIC.

EXAMPLES OF THESE ESTABLISHMENTS AND MERCHANDISE INCLUDE BUT ARE NOT LIMITED TO APPAREL, APPLIANCE, BEAUTY, SUPPLIES, BICYCLES, BOUTIQUES, CANDY, CLOTHING, CONVENIENCE GOODS, FLORIST, GROCERIES, HARDWARE, HEALTH FOOD, HOBBY STORES, JEWELRY PHARMACIES, PHOTOGRAPHY SHOES, TOBACCOS, SPORTING GOODS, STATIONARY TOYS AND GAMES.

GENERAL RETAIL DOES NOT INCLUDE RETAIL STORES SELLING PRE-OWNED MERCHANDISE OR THE INCIDENTAL SALE OF MERCHANDISE TO THE PUBLIC IN CONJUNCTION WITH ANOTHER USE.

GENERAL RETAIL SHALL NOT INCLUDE ANY BUSINESS THAT IS SEPARATELY LISTED AS A COMMERCIAL USE IN TABLE 18.0 6.04 A.

AND PERSONAL SERVICES MEANS ANY ESTABLISHMENT FOCUSING ON PROVIDING SERVICES AND INCIDENTAL SALES OF A PERSONAL NATURE.

EXAMPLES OF SUCH SERVICES INCLUDE BUT ARE NOT LIMITED TO BEAUTY SALONS, NAIL SALONS, BARBERSHOPS AND DIET AND NUTRITION CENTERS.

NOW GOING BACK TO THE, UH, CONDITIONING PERMIT OR MODIFICATION TO THE LAND USE MATRIX BY REQUIRING A CONDITIONING PERMIT FOR ANY GENERAL RETAIL BUSINESS THAT WISHES TO OPERATE FOR 24 HOURS.

IT PROVIDES THE CITY THE ABILITY TO, UM, LOOK AT EACH PROPERTY ON A CASE BY CASE BASIS AND IMPLEMENT PUBLIC SAFETY MEASURES, UH, EITHER SECURITY CAMERAS, LIGHTING OR OTHER.

IT ALSO WOULD ALLOW THE CITY TO DO, UH, PUBLIC NOTIFICATION TO BOTH THE PROPERTY OWNERS AND RESIDENTS THAT LIVE WITHIN THE AREA TO PROVIDE THEM THE ABILITY TO EXPRESS THEIR VIEWS.

AND LASTLY, IF A BUSINESS FAILS TO UPHOLD OR COMPLY, THE CONDITIONS PERMIT ALSO ALLOWS THE CITY TO MODIFY OR REVOKE THAT C U P STAFF UTILIZED THE LEAGUE OF CALIFORNIA CITY'S HOUSING COMMUNITY AND ECONOMIC DEVELOPMENT LISTSERV TO INQUIRE IF OTHER CITIES HAD SIMILAR UM, REQUIREMENTS.

WE DID RECEIVE FIVE RESPONSES.

THESE INCLUDED THE CITY OF WHITTIER, CITRUS HEIGHTS, SIMI VALLEY, UH, CUPERTINO AND SACRAMENTO, WHICH ALL INCLUDED LIMITATIONS ON OURS OPERATION FOR RETAIL AND MARKETS.

IN APRIL, UH, STAFF PROVIDED COURTESY LETTERS TO FIVE AFFECTED BUSINESSES OF ZONE CHANGE 2301.

THESE FIVE BUSINESSES ARE LOCATED AT 3 81 EAST WHITTIER, 100 WEST LA HARBOR BOULEVARD, 2000 WEST LAHA BOULEVARD, 2001 EAST LA HARBOR BOULEVARD, AND 5 41 WEST IMPERIAL HIGHWAY.

UH, STAFF DID NOT RECEIVE ANY CORRESPONDENCE FROM THE BUSINESS OWNERS.

UH, THERE WAS ONE OTHER PROPERTY OWNERS THAT CALLED IN AND INQUIRED ABOUT THE PROPOSED LANGUAGE IN ZONE CHANGE 2301.

UM, BUT NOTHING ELSE HAS BEEN RECEIVED.

IF APPROVED, THE DRAFT ORDINANCE DOES PROVIDE A TIMELINE FOR COMPLIANCE WITH THE LANGUAGE CONTAINED THEREIN, AND IT SPECIFIES THAT THE BUSINESSES WILL HAVE UNTIL OCTOBER 31ST OF THIS YEAR TO COMPLY TO CEASE 24 HOURS OPERATIONS OR APPLY FOR THE CONDITION NEWS PERMIT.

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

THANK YOU, DAVID.

AT THIS TIME I'LL ASK THE PLANNING COMMISSIONERS IF THEY HAVE ANY QUESTIONS OF STAFF COMMISSIONER MAYA, I HAVE NO QUESTIONS AT THIS TIME.

COMMISSIONER BERNER.

SO DAVID, YOU MENTIONED THAT THERE WAS A FEW INCIDENCES OR A ONE OR TWO.

CAN YOU TELL ME MORE ABOUT THAT? YES.

UH, THE INCIDENTS OCCURRED IN JULY OF 2022, AND THEY INCLUDED ROBBERIES WITHIN SOME OF THE BUSINESSES.

ALL RIGHT, THANK YOU.

VICE CHAIR ZURICH.

UH, YES.

UH, DAVID, WERE THERE ANY SPECIFIC STUDIES IN THE CITIES THAT, UM, NOW REQUIRE THE C U P SHOWING A REDUCTION IN CRIME? SINCE THE NEW, UM, UM, 21, WHAT DOES IT SAY? 2123 TOOK, UM, PLACE STAFF HASN'T ACTUALLY CONDUCTED ANY ANALYSIS OF THE BUSINESS SINCE THE ORDINANCE HASN'T BEEN

[00:10:01]

PUT IN PLACE, BUT FROM THE PREVIOUS, UM, LIKE YOU SAID, UH, CITRUS HEIGHTS, WHITTIER, CUPERTINO AND AND ANOTHER CITY.

HAVE THEY BEEN ESTABLISHED LONG ENOUGH TO HA TO KNOW THE STATISTICS SINCE THEY IN IMPLEMENTED THAT? NO.

OUR, OUR, OUR GENERAL QUESTION WAS MORE DIRECTED TO DOES YOUR CITY OR JURISDICTION HAVE LIMITATIONS? OUR INQUIRY DIDN'T INCLUDE ADDITIONAL FINDINGS TO SHOW IF THERE WAS A REDUCTION IN CRIMES OR OTHER ACTIVITIES.

OKAY.

SO, SO FAR WE'RE ONLY SEEING JULY 22, UM, WITH A ROBBERY ONE ROBBERY.

I DON'T HAVE THE FULL, UH, SPECIFICS ON THAT.

OKAY.

OKAY.

UM, VICE CHAIR SEARCH, IF I MAY.

THE, THE REASON THAT COUNSEL ASKED US TO MOVE FORWARD WITH THIS, SO, AND CODE AMENDMENT WAS IN RESPONSE TO THAT ONE EVENT THAT DID HAPPEN.

WE, UH, YOU KNOW, OVER TIME THERE HAVE BEEN OTHER EVENTS.

WE DON'T HAVE THE POLICE DETAILS ON THAT AT THIS TIME.

WE CERTAINLY CAN PREPARE THOSE FOR COUNSEL IF YOU'D LIKE THAT TO BE PART OF THE RECOMMENDATION.

BUT WE DID THIS DIRECTLY IN RESPONSE TO A COUNSEL INITIATED REQUEST TO CHANGE THE CODE.

OKAY.

YOU MAY JUST HAVE ANSWERED MY QUESTION IN A ROUNDABOUT WAY BECAUSE I DO HAVE A QUESTION.

SO WE'VE ESTABLISHED, WE KNOW THAT THERE'S ONE INCIDENT AND SOME SUBSEQUENT INCIDENCES, BUT IS IT, HAS IT, I MEAN, HOW IS IT THAT WE'RE MAKING THE, THE LEAP FROM THAT INCIDENT TO IT BEING A 24 HOUR OPERATION AND REQUIRING A C WHETHER REQUIRING A C U P WOULD IN FACT IMPACT THAT AT ALL? WELL, I THINK WE LOOKED AT SEVERAL DIFFERENT THINGS.

FIRST OF ALL, WE LOOKED AT IS IT RELATED TO HOURS OF OPERATION FOR SELLING ALCOHOL? AND ABC CURRENTLY LIMITS THE HOURS OF OPERATION THAT YOU CAN SELL.

ALCOHOL, HOWEVER, DOESN'T REQUIRE BUSINESSES TO BE CLOSED.

SO MOST OR ALL OF THE LIQUOR STORES THAT WE HAVE IN THE CITY DO CLOSE AT NIGHT BECAUSE THEY'RE NOT SELLING OTHER THINGS.

HOWEVER, MANY OF OUR CONVENIENCE STORES ARE OPEN 24 HOURS A DAY AND LOOKING AT IS, WOULD IT BE A GOOD IDEA TO LIMIT THE HOURS OF OPERATION OR REQUIRE ADDITIONAL SAFETY MEASURES THAT WOULD BE REQUIRED THROUGH A CONDITIONAL USE PERMIT FOR THOSE OPERATIONS? JUST IN THAT THEY DO OPER OPERATE 24 HOURS A DAY.

THE ONLY OTHER BUSINESSES THAT WE HAVE SIMILAR WOULD BE CONVENIENCE STORES THAT OPERATE IN CONJUNCTION WITH THE GAS STATION, WHICH WAS THAT SECOND COURT, UM, CATEGORY OF INCIDENT INCIDENTAL SALES IN CONJUNCTION WITH OTHER USES.

GAS STATIONS ALREADY HAVE THOSE TYPES OF CONDITIONS OF APPROVAL APPLIED TO IT BECAUSE THEY DO REQUIRE CONDITION OF APPROVAL.

SO THIS WAS, HOW DO WE GET THAT OTHER CATEGORY OF CONVENIENCE STORES THAT DOESN'T, THAT WE DON'T GET TO THAT WE DON'T HAVE THE OPPORTUNITY TO APPLY THOSE SAME CONDITIONS OF APPROVAL AND WE THOUGHT THAT THIS WOULD BE THE BEST MEASURE.

WE, YOU KNOW, HAVE SEEN THAT IT, I THINK SOME OF THE CONCERNS THAT HAPPEN IS WHEN YOU'RE OPEN 24 HOURS, JUST MAKING SURE THAT THERE'S ADEQUATE STAFFING FOR THE 24 HOUR OPERATIONS, THAT THERE'S ADEQUATE SECURITY, THOSE THINGS COME INTO PLAY VERSUS, UM, WHEN A BUSINESS, YOU KNOW, RARELY CLOSES DOWN AT NIGHT AND THEN OPENS UP AGAIN, ONE OF THE REASONS WE FOCUS MORE ON 24 HOUR OPERATIONS INSTEAD OF THE, LIKE THE OTHER CITIES HAVE SPECIFIC HOURS THAT THE BUSINESSES ARE CLOSED, WAS REALLY TO ALLOW THESE BUSINESS OPERATORS THE MOST FLEXIBILITY THAT THEY COULD HAVE.

SO WE DIDN'T WANNA SAY, OKAY, YOU'LL BE CLOSED BETWEEN TWO AND FOUR.

WE CERTAINLY COULD CHANGE THE ORDINANCE TO RECOMMEND SPECIFIC HOURS OF OPERATION, BUT WE WANTED TO GIVE THAT FLEXIBILITY.

AND WHAT WE REALLY WERE HEARING FROM THE BUSINESS COMMUNITY WAS JUST CL HAVE, BEING EITHER OPEN 24 HOURS OR NOT BEING OVER TW OPEN 24 HOURS IS KIND OF A DISTINGUISHING FACTOR IN THE WAY THAT DIFFERENT CONVENIENCE STORES AND OTHER GENERAL RETAIL STORES OPERATE.

IT'S, IT'S REALLY, THAT'S, THAT TENDS TO BE THE, THE, UM, THRESHOLD THERE.

I'M STILL NOT HEARING HOW THAT'S RELATED TO THE SALE OF ALCOHOL AT THESE, I MEAN, WAS THE INCIDENT RELATED TO THE SALE OF ALCOHOL? NO, IT WASN'T.

WE JUST, UM, WE THOUGHT, IS THAT GOING TO BE, IS THAT THE REASON THAT THESE ISSUES HAPPEN? AND NO, IT WASN'T BECAUSE OF THE SALE OF ALCOHOL BECAUSE ABC CLEARLY SAYS YOU CAN'T, UM, SELL ALCOHOL BETWEEN TWO AND SIX.

SO WE SAW THAT WASN'T THE CON THE, IT WAS JUST BUSINESSES BEING OPEN FOR 24 HOURS AND JUST NOT HAVING THAT, UM, STRONG CLOSURE, STRONG OPENING TIME.

AND I'VE SEEN THAT HAPPEN IN OTHER CITIES WITH 24 HOUR OPERATIONS, YOU END UP GETTING A LOT MORE LOITERING THAN YOU TYPICALLY WOULD AT A BUSINESS THAT CLOSES AND OPENS BECAUSE SOMEONE CAN SAY THAT THEY ARE A CUSTOMER OF THAT BUSINESS ALL 24 HOURS THE DAY, WHERE IF IT HAS TO CLOSE AT SOME POINT THE PEOPLE WHO ARE SAYING THEIR CUSTOMERS HAVE TO VACATE THE PROPERTY.

THANK YOU.

I HAVE ANOTHER QUESTION.

SO, UM, FROM MY PERSPECTIVE, IT SOUNDS LIKE IT'S AN OUTDATED LAW THAT HADN'T BEEN UPDATED IN SEVERAL YEARS.

IS THAT AN AN IS, IS THAT THE CASE? YEAH, GENERALLY

[00:15:01]

WE SAW THE NEED FOR A DISTINCTION BETWEEN GENERAL RETAIL.

WE JUST HAD SUCH A WIDE UNDEFINED CATEGORY THAT WE WERE CALLING GENERAL RETAIL AND REALLY TO HAVE THE TWO DIFFERENT TYPES, YOU KNOW, WE SIMPLY COULD HAVE, UM, DEFINED ONE AS CONVENIENCE STORES, BUT THAT'S NOT ALL CONVENIENCE STORES CUZ LOT DO CLOSE.

SO WE WANTED TO REALLY LOOK AT THE HOURS OF OPERATION.

THIS WOULD BE THE SAME FOR UM, SAY A CVS THAT'S OPEN 24 HOURS.

WE DON'T HAVE ANY PHARMACIES OR THOSE TYPES OF STORES THAT ARE OPEN 24 HOURS IN THE CITY.

ALL OF THEM HAVE OPENING ENCLOSURE TIMES.

SO THAT'S REALLY FOCUSED IN ON CONVENIENCE STORES IN OUR CITY RIGHT NOW.

IT COULD BE EXPANDED TO OTHER USES AND WE'D WANNA MAKE SURE THAT WE DO HAVE THE ABILITY TO APPLY THOSE CONDITIONS OF APPROVAL AND THE HOURS OF OPERATION THAT BUSINESS OWNER CHOOSES TO HAVE THAT THAT WOULD BE PART OF THAT C IS, IT WOULD SAY WHEN DOES IT OPEN, WHEN DOES IT CLOSE? AND SO THEY'D BE SET IN THAT MANNER WITH THE C P PROCESS.

AND I KNOW WE'VE WORKED ON A FEW OF THESE IN THE LAST FEW YEARS THAT ARE ON THE BOOKS.

THAT WAS UM, UH, UH, THERE'S A PLACE OFF OF WOODIER BOULEVARD THAT WAS, UH, A HALL THERE IS ANOTHER PLACE OFF OF, UH, BEACH BOULEVARD THAT THIS DOES APPLY TO THE TWO O'CLOCK COMPLETE SHUTDOWN.

RIGHT.

AND THEY HAVE A LIQUOR LICENSE AND THEY HAVE TO BE CLOSED.

UM, AS FAR AS OUR RESEARCH SHOWED, ALL OF THE LIQUOR STORES WITHIN THE CITY OF LAHABRA DO CLOSE AT A CERTAIN TIME AND THEN OPEN AGAIN LATER ON IN THE DAY.

OKAY.

I JUST WANT FULL CLARITY.

ALRIGHT, THANKS.

I JUST WANNA COMMENT THAT I APPRECIATE THE FLEXIBILITY THAT YOU GUYS BUILT INTO THAT BECAUSE INSTEAD OF CREATING O STRICT OPENING CLOSURE HOURS, IT JUST MAKES MORE SENSE TO HAVE A CONDITIONAL USE PERMIT REQUIREMENT THAT ALLOWS FOR 24 HOUR BUSINESS.

THANK YOU.

THAT WAS GONNA BE, THAT WAS GONNA BE MY, MY MENTION GIVING THE BUSINESS OWNER THE OPPORTUNITY TO STAY OPEN THE 24 HOURS AS USUAL AS IN THE PAST.

UM, BUT WITH THE, I MEAN THEY, THEY DON'T SELL THE ALCOHOL BETWEEN, UM, 2:00 AM AND 6:00 AM GENERALLY.

I MEAN THAT'S, THAT'S THE RULING OF MOST, UH, PLACES THAT SELL AL ALCOHOL.

SO WITH THE FLEXIBILITY OF THEM STILL BEING ABLE TO STAY OPEN THAT 24 HOURS, BECAUSE THERE ARE PEOPLE THAT COME AND GO ALL, YOU KNOW, YOU DON'T ALWAYS WORK AN EIGHT TO FIVE JOB.

SO, YOU KNOW, THERE ARE SOME FAMILIES THAT HAVE TO STOP AND GET THE MILK OR GET THE, THE, THE ITEMS FOR THE NEXT MORNING AND IT MIGHT BE THREE O'CLOCK IN THE MORNING OR WHAT HAVE YOU.

SO, UM, I, I DO APPRECIATE THAT BUILT INTO, INTO THE UNDERSTANDING SO THEY CAN CHOOSE ON HOW THEY WANNA GO.

OKAY.

ANY OTHER COMMENTS FROM COMMISSIONERS? IF WE COULD GET SOME 24 HOUR PHARMACIES, THAT'D BE GREAT.

.

UH, SO I, I GUESS I HAVE A FEW COMMENTS.

UM, THANK YOU TO ALL THE COMMISSIONERS FOR THEIR GREAT COMMENTS.

UH, SO TECHNICALLY BECAUSE WE'RE NOT SETTING, UM, SPECIFIC HOURS OF OPERATION, SOMEBODY COULD JUST CLOSE FOR AN HOUR, CORRECT? THAT IS CORRECT.

THAT IS THE DOWNSIDE OF HAVING THIS FLEXIBILITY THEY COULD CLOSE FOR A HALF HOUR.

UM, RIGHT.

OKAY.

SO IT'S JUST KIND OF, JUST WANNA MAKE SURE THAT'S CLEAR.

UM, MY OTHER QUESTION HAS TO DO WITH THE TIMELINE FOR COMPLIANCE.

YOU SAID THEY HAVE UNTIL OCTOBER 31ST AND YOU MENTIONED THAT THERE IS FIVE, UM, BUSINESSES THAT WILL BE IMPACTED.

CORRECT.

ARE THERE ANY FEES ASSOCIATED WITH HAVING TO NOW COME BACK FOR C U P? YES, THE STAFF REPORT DID INCLUDE THE CURRENT FEE AMOUNT FOR A CONDITION USE PERMIT, WHICH IS IN THE AMOUNT OF $6,491 TO PROCESS.

SO BECAUSE THESE BUSINESSES HAVE IN ESSENCE BEEN OPERATING FOR 24 HOURS, WILL THEY GET ANY TYPE OF SUBSIDY, UM, TO TRY TO COVER SOME OF THOSE COSTS? CUZ IN ESSENCE, WE ARE, WE'RE THE ONES CHANGING THE, THE LAWS AND NOW THEY HAVE TO COMPLY.

UM, AND I KNOW THAT CAN BE VERY IMPACTFUL TO SOME SMALL BUSINESSES.

I'M NOT SURE WHAT THE SIZE OF THESE BUSINESSES ARE, SO I JUST WANNA MAKE SURE THE CITY'S BEING CONSCIOUS OF THAT.

THANK YOU CHAIR ROJAS.

THAT WASN'T AN ISSUE THAT WAS BROUGHT UP BY THE COUNCIL WHEN THEY INITIATED THE TEXT AMENDMENT.

AND THAT IS SOMETHING THAT THE COUNCIL COULD CONSIDER WHEN THE AMENDMENT GOES BEFORE THEM, IS LOOKING AT A WAIVER OF THE FEES.

IT'S NOT SOMETHING THAT THE PLANNING COMMISSION WOULD'VE PURVIEW OVER, BUT IT'S SOMETHING THAT THEY HAVE ALREADY CONSIDERED AND ARE WILLING TO CONSIDER WHEN IT GOES ON TO CITY COUNCIL.

OKAY, THAT'S GREAT.

I JUST WANNA MAKE SURE THAT THAT'S BEING CONSIDERED, UM, FOR EQUITABLE ISSUES ON THAT ONE.

ALL RIGHT.

ANY OTHER COMMENTS OR QUESTIONS? I HAVE A COMMENT.

GO AHEAD.

UM, I WAS HAPPY TO READ IN THE INFORMATION PROVIDED IS THAT THE COUNCIL WOULD CONSIDER WAIVING THOSE FEES FOR THOSE FIVE EXISTING BUSINESSES, UM, JUST BECAUSE THEY WERE ALREADY IN EXISTENCE.

AND IT'S NOT LIKE THEY'RE BRAND NEW COMING TO THE CITY AND, AND APPLYING FOR THEIR C U P AT THIS MOMENT.

SO FROM HERE ON ANY NEW BUSINESSES,

[00:20:01]

THIS $6,491 WOULD BE IN EFFECT.

BUT I, I HOPE THAT COUNCIL CONTINUES TO KEEP THAT IDEA, UM, AND WAIVE THOSE FEES FOR THAT, THOSE, UM, PREVIOUS CLIENTS OR BUSINESSES.

SO THANK YOU.

THANK YOU DAVID.

THANKS, DAVID.

I HAVE A BIT OF A WONKY QUESTION, UM, AND I'M NOT SURE THAT THIS IS OUR, OUR PURVIEW, BUT WHY IS THIS CONSIDERED AN IM A FISCAL IMPACT? IF IT'S MONEY YOU DON'T HAVE, WHY IS IT CONSIDERED A FISCAL IMPACT BY THE STAFF REPORT OF $30,395 FOR THE LACK OF THOSE FIVE C U P UM, FEES? RIGHT.

IN EVERY, UM, STAFF REPORT THAT WE PROVIDE TO YOU, WE DO PROVIDE A FISCAL IMPACT.

IT'S EITHER THE COST ASSOCIATED WITH PROCESSING THE REQUEST, WHERE IN THIS CASE WE COULD HAVE STATED THAT, UM, THE COST ASSOCIATED WITH PROCESSING A ZONE CHANGE IS, UM, THE TYPICAL COSTS THAT ARE INCLUDED IN THE PLANNING DEPARTMENT PLANNING DIVISIONS BUDGET.

SO WE COULD HAVE PUT THAT, BUT WE ALSO WANTED TO BE VERY, UM, ABOVE THE BOARD ABOUT HOW MUCH THIS WOULD COST IF IT ISN'T A WAIVED FEE BY THE CITY COUNCIL, IS THIS IS THE TRUE COST OF A CONDITIONAL USE PERMIT.

SO WE COULD HAVE EXPANDED ON IT A LITTLE BIT MORE, BUT THE COST OF THE ACTUAL PROCESSING OF THE CH OF THE ZONE CHANGE THAT WE'RE GOING THROUGH TONIGHT IS, UM, IS WHAT I ASSUME IN OUR OPERATING BUDGET FOR OUR DEPARTMENT.

OKAY.

THANK YOU.

THANK YOU.

UM, WE WILL NOW OPEN THE PUBLIC HEARING.

IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS ITEM? PLEASE COME FORWARD.

OKAY.

NOW WE WILL HEAR FROM THOSE WISHING TO SPEAK.

OH, IN FAVOR.

I WILL ASK YOU TO COME UP TO THE PODIUM PLEASE AND STATE YOUR NAME.

OH, PLEASE.

, PLEASE STATE YOUR NAME.

OH, YEAH.

UH, GOOD EVENING.

I'M JI SINGH FROM THE 100 WEST LAHABRA 7-ELEVEN STEWART.

AND HOW DO YOU SPELL YOUR NAME? CAN YOU JUST SPELL THAT FOR US REAL QUICK? SURE.

R A N J I T.

THANK YOU.

SURE, ABSOLUTELY.

UH, A COUPLE QUESTIONS.

MAYBE MORE THAN THAT.

UH, UH, HOW MANY DAVID? ALSO AT THE SAME TIME, HOW MANY STORES IN THE LAHABRA CITY? THEY OPEN 24 HOURS? I THINK, UH, DAVID MENTIONED FIVE, THE FIVE WOULD BE IMPACTED.

SO WHAT HAPPENED? ANY OTHER, THEY OPENED 24 HOURS.

WILL YOU BE TALKING TO THEM, SENDING NOTICE TO THEM ALSO? YES, SIR.

UM, UNFORTUNATELY WE ARE NOT ABLE TO ANSWER YOUR QUESTIONS.

THIS IS FOR YOU TO JUST SPEAK AND STATE YOUR OPINION RIGHT.

AND HOW YOU FEEL ABOUT IT.

BUT IF YOU HAVE ANY QUESTIONS, DAVID CAN DEFINITELY HELP YOU AFTER THE MEETING.

YES.

THE THE REASON, IF I'M CLOSING MY STORE BETWEEN 12 2 5 OR AND OTHER PEOPLE THAT ARE OPENING THE, THE STORE SELLING SOMETHING ELSE IN THE LAHABRA CITY THAT'S GONNA IMPACT MY BUSINESS.

YEAH.

SO THIS WOULD BE FOR ANY, ANYBODY DOING BUSINESS IN THE CITY OF LAHABRA.

EVERYBODY'S TREATED EQUALLY IN THAT REGARD.

SO IF ANY, ANY ALL BUSINESSES WHO ARE OPEN 24 HOURS THAT FIT WITHIN THIS DESCRIPTION WOULD BE SUBJECT TO THE SAME RULES.

OKAY.

SO NOT JUST YOU.

IF ANYBODY IN THE LABRA CITY CITIZEN WANTS TO BUY SOMETHING THE NIGHT THEY HAVE TO GO IN BRIA OR HAVE TO GO FULLERTON, HAVE TO GO TO VIK.

IF YOU'RE CLOSED, THAT MEAN TECHNICALLY.

OKAY.

SO IT'S NOT HELPING TO THE CITIZEN WHO LIVES IN LA LABRA THEN DEPENDS ON THE OPINION.

BUT AGAIN, SIR , IS THERE ANY, ANY OTHER FEELINGS THAT YOU WANNA SHARE WITH US? YES.

UM, UM, THIS SAYS OVER HERE, IF I WANT TO OPEN THE STORE, THERE'S A REQUIREMENT FOR THE CAMERA.

LEMME GET THE LINE.

IT SAYS, ADDITIONAL LIGHTING, INSTALL, SECURITY, CAMERA, HIRE ON, ON AND ONSITE GUARD AND ET CETERA.

SO HOW ARE YOU GONNA MEASURE THAT? IS STORE TO STORE LOCATION TO LOCATION? YES, IT WOULD BE CASE BY CASE.

THAT'S WHAT DAVID STATED.

IT WOULD BE CASE BY CASE, DEPENDING ON YOUR STORE, DEPENDING ON YOUR SITUATION.

UM, IT WOULD BE CONSIDERED BY STAFF AND OBVIOUSLY STAFF WOULD WORK WITH THE BUSINESS TO ENSURE THAT IT'S SOMETHING THAT'S FAIR AND THAT MAKES SENSE FOR YOUR, YOUR LOCATION.

OKAY.

BUT AGAIN, SIR, IF YOU HAVE MORE SPECIFIC QUESTIONS REGARDING YOUR BUSINESS, I'M SURE STAFF AND, AND SPECIFICALLY PROBABLY DAVID COULD HELP YOU AFTER THE MEETING.

YEAH, MY, MY MAIN THING, YEAH, DEFINITELY SICK TOMORROW YOU HAVE TO HIRE A, I WANT TO GO KEEP THE STORE OPEN.

HIRE A SECURITY GUARD.

THAT'S GONNA BE A PROBLEM.

THAT'S WHY.

OKAY.

JUST, WE'LL DEFINITELY TAKE THAT INTO CONSIDERATION.

APPRECIATE YOUR COMMENTS.

SURE.

THANK YOU.

THANK YOU.

ANYBODY ELSE WISHING TO SPEAK IN FAVOR? OH, OKAY.

[00:25:01]

NOW WE WILL HEAL FROM THOSE WHO 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.

UH, YES I AM.

MY NAME IS J TENDER JO.

IT'S SPELLED J A T I N D E R J H A J.

I'M A FRANCHISEE AT 5 41 WEST IMPERIAL.

I'VE BEEN THERE A NUMBER OF YEARS.

SO THIS ACTUALLY, IN THIS SITUATION, WE ACTUALLY APPROACHED THE CITY AND ASKED FOR RELIEF AFTER THE CLERKS, YOU KNOW, AFTER THE CLERK AND THE CUSTOMER WAS SHOT LAST YEAR.

SO AT THAT TIME, WHAT WE WERE LOOKING FOR IS A SET HOURS OF CLOSURE, NOT SOMETHING LIKE THIS.

THIS IS QUITE DIFFERENT THAN WHAT WE HAD EXPECTED.

SO WE WERE LOOKING, CUZ WE HAVE A CONTRACT WITH 7-ELEVEN, WE CANNOT CLOSE EVEN IF WE WANTED TO.

SO WE WANTED SOME HOURS PUT IN SOMETHING LIKE 12 TO FIVE, WHICH WE CAN GO TO 7-ELEVEN AND SAY, LOOK, THE CITY DOESN'T ALLOW THESE HOURS TO BE OPEN.

SO WE WOULD LIKE TO CLOSE DURING THE NIGHT.

HOWEVER, THIS IS QUITE AMBIGUOUS, ESPECIALLY THE SECURITY GUARD ASPECT OF IT, BECAUSE WE ARE RESPONSIBLE FOR ALL PERIL IN THE STORE.

IF YOU COME TO THE STORE WITH A LIST OF REQUIREMENTS, 7-ELEVEN IS GONNA SAY, OKAY, MEET THESE REQUIREMENTS, YOU'RE UNDER CONTRACT TO DO SO.

AND IF YOU HAVE A SECURITY GUARD, MOST OF THESE STORES ARE NOT THAT BUSY AND THEY'RE NOT GONNA, YOU KNOW, THEY'RE GONNA WIND UP LOSING MONEY.

AND THE OTHER AT LIGHTING AND CAMERA, WE ALREADY HAVE ALL THAT.

SEVEN, NINE IS VERY GOOD ABOUT LIGHTING CAMERAS AND, UH, ALARMS AND ALL THAT KIND OF STUFF.

SO THAT'S NOT EVEN AN ISSUE.

SO RIGHT NOW WHAT I HAVE TO SAY IS THAT THIS IS NOT QUITE WHAT I HAD HOPED FOR.

YOU KNOW, YOU WERE SAYING THAT SOMEBODY COULD CLOSE FOR 10 MINUTES, YOU KNOW, I MEAN, THAT, THAT DOESN'T MAKE ANY SENSE WHATSOEVER.

YOU KNOW, THERE'S LIKE, YOU KNOW, SO ANYHOW, WHAT WE WERE LOOKING FOR WAS A SET, SET HOURS, YOU KNOW, AND PREFERABLY MIDNIGHT TO FIVE.

HOWEVER, THAT DOESN'T LOOK LIKE IT'S GOING THAT DIRECTION WHATSOEVER.

SO YEAH, RIGHT NOW, WITHOUT MORE CLARITY, I'M NOT SURE THAT I WOULD PERSONALLY WANT THIS TO GO FORWARD IN THIS CONTEXT.

SO THAT'S BASICALLY ALL I HAVE TO SAY OF THAT.

THANK YOU.

I APPRECIATE THE COMMENTS AND LOTS TO CONSIDER.

ANYBODY ELSE WISHING TO SPEAK IN OPPOSITION? OKAY, SEEING NONE, WE WILL NOW CLOSE THE PUBLIC HEARING AND I WILL CALL ON THE PLANNING COMMISSIONERS FOR DISCUSSION OR A MOTION.

COMMISSIONER, MAYA, ANY COMMENTS, QUESTIONS FIRST? NOT AT THIS POINT.

OKAY.

COMMISSIONER BERNER, UM, NOT RIGHT NOW.

COM VICE CHAIRS ARE RICH.

NONE.

SO WITH THAT, UM, I WOULD JUST LIKE, UH, I GUESS I'M SURE STAFF IS LISTENING TO THE COMMENTS AND THE DIFFERENT, UM, CONCERNS THAT THE BUSINESSES HAVE.

AND I'M, I'M GONNA ASSUME THAT THIS IS SOMETHING YOU'VE ALSO HEARD, UM, PRIOR TO THE MEETING AND JUST STUFF TO CONSIDER.

UM, HAS THERE BEEN ANOTHER OPTION CONSIDERED FOR HOURS? I KNOW CURRENTLY IT'S LEFT TO BE FLEXIBLE AND I I DO SEE THE BENEFIT TO THAT, BUT I ALSO SEE THE DOWNSIDE TO THAT AS WELL.

SO IS THIS GONNA BE APPROACHED TO THE CITY COUNCIL AS AN ALTERNATIVE? LIKE, YOU KNOW, WE COULD DO IT FLEXIBLE OR WE COULD DO A SET HOURS OR IS IT THE, IS IT STAFF RECOMMENDATION TO HAVE THE FLEXIBLE UM, THE FLEXIBILITY? WE WERE TRYING TO BE AS FLEXIBLE AS WE COULD FOR BUSINESSES.

HOWEVER, WE'D BE COMPLETELY OPEN TO HOURS OF OPERATION.

IF, UM, WHAT I WOULD RECOMMEND IS SOMETHING MORE ALONG THE LINES OF TWO TO FOUR, TWO TO FIVE, JUST BECAUSE AS I MENTIONED, WE DO HAVE, YOU WANNA LINE IT WITH THE STORES THAT MM-HMM.

ARE OPEN MUCH LATER.

AND SO, UM, IF WE WERE TO GO BACK TO ANYTHING THAT'S BEYOND, UM, WHAT THESE, THE FIVE, THE FIVE OR SIX BUSINESSES THAT WE NOTICED, WHO WOULD BE, UM, THE ONES WHO WOULD BE IMPACTED BY THIS CHANGE, WE'D WANNA GO OUT AND NOTICE THOSE ADDITIONAL BUSINESSES.

SO RIGHT NOW WE'VE IDENTIFIED THAT WE JUST HAVE THESE BUSINESSES THAT ARE OPEN 24 HOURS.

WE CERTAINLY, YOU KNOW, YOU CERTAINLY COULD RECOMMEND TO CITY COUNCIL, UM, CERTAIN HOURS OF OPERATION THAT YOU'D WANNA LIMIT IT TO, OR I DON'T KNOW, UM, HOW FLEXIBLE WE CAN BE IN THE ORDINANCE THAT GOES TO CITY COUNCIL.

BUT SO WHAT ARE THE HOURS OF, WHAT ARE THE HOURS OF THE LIQUOR STORE TWO TO WHAT ARE, WHAT ARE, WHEN ARE THEY CLOSED? TWO TO FOUR.

TWO TO FIVE.

THEY ARE NOT ALLOWED TO SELL ALCOHOL FROM TWO TO SIX.

GOT IT.

AND SO ONE OF THE THINGS WE ARE TRYING TO DO IS BE FLEXIBLE SO THAT IN THE EARLY MORNING HOURS,

[00:30:01]

IF SOMEONE WANTED COFFEE OR A DANISH, IT WOULDN'T BE ALL THE WAY TO 6:00 AM RIGHT.

UM, BUT WE WERE TRYING TO WORK WITH THESE BUSINESS OWNERS.

WE THOUGHT WE HAD COME TO SOMETHING MORE FLEXIBLE.

UM, UNFORTUNATELY SINCE WE DIDN'T HEAR FROM THE BUSINESSES BEFORE THIS MEETING, WE CERTAINLY COULD CHANGE, UM, YOU KNOW, THE RECOMMENDATION BECAUSE THIS WAS SPECIFICALLY TO TRY AND HELP THESE BUSINESSES AND THEIR OPERATIONS.

OKAY.

UM, SO YES, GO AHEAD.

MY, MY QUESTION IS, WOULD IT, WOULD IT BE IN BENEFIT OF IF WE BROUGHT THIS BACK AND WE ADDED THAT VERBIAGE AND THOUGHT ABOUT THAT? OR WOULD YOU GUYS LIKE FOR US TO CONTINUE, YOU COULD AT THIS TIME MAKE A RECOMMENDATION THAT WE WOULD ADD TO THE ORDINANCE THAT WOULD GO TO, UM, CITY COUNCIL.

SO IT'D BE PART OF YOUR APPROVAL TONIGHT IS YOU'D APPROVE A RESOLUTION INCLUDING SPECIFIC HOURS OF OPERATION.

AND LIKE I WAS SAYING, I'D RECOMMEND TWO TO FOUR, TWO TO FIVE, SOMEWHERE IN THERE.

UM, OR WE COULD CONTINUE THE ITEM.

WE COULD WRITE UP A STAFF REPORT WITH A NEW RESOLUTION AND A NEW ORDINANCE.

THAT'S ALSO AN OPTION.

BUT, UM, TONIGHT YOU, YOU COULD, AS PART OF YOUR MOTION ADD IN THOSE HOURS OF OPERATION, THAT COULD BE WHAT WE TAKE FORWARD TO COUNSEL.

DO YOU GUYS FEEL COMFORTABLE DOING THAT? I WOULD NOT BE COMFORTABLE WITH ADDING O HOURS OF OPERATION.

I'M NOT, I'M NOT CLEAR, I'M NOT CLEAR THAT THAT'S NECESSARILY, IT ISN'T THAT, IT ISN'T THAT I'M NOT HEARING THAT, THAT, THAT THAT'S A SPECIFIC OUTCOME THAT SOMEBODY THAT A BUSINESS OWNER WANTED.

BUT WE'RE TALKING ABOUT A BUSINESS OWNER AND I, AND I THINK HERE THE CONCERN IS THEY'RE NOT REALLY SURE WHAT THE REQUIREMENTS ARE GONNA BE FOR THEM.

AND I, AND I THINK THAT'S WHAT NEEDS TO BE ADDRESSED.

IT'S THE REQUIREMENTS OF THE BUS FOR EACH BUSINESS OWNER AND THERE'S JUST NO CLARITY THERE.

AND WITHOUT KNOWING THAT THEY'RE NOT, THEY DON'T KNOW WHAT THEY'RE UP AGAINST.

I MEAN, CLEARLY A, A WALMART WOULD HAVE TO DO SOMETHING VERY DIFFERENT THAN A 7-ELEVEN, RIGHT? OR AT LEAST THAT'S WHAT I'M ASSUMING.

UM, THAT'S MY SENSE.

SO I'M NOT, I I THINK THAT THIS MIGHT BE SOMETHING THAT JUST REQUIRES A LITTLE MORE CLARITY FOR THE BUSINESS OWNERS AND NOT JUST THAT HOURS OF OPERATION.

I MEAN, WHAT IS GONNA BE REQUIRED OF THEM IN ORDER TO GET, YOU KNOW, WHAT IS THE C U P GONNA REQUIRE OF EACH INDIVIDUAL BUSINESS OWNER? AND AGAIN, AND IF I MADE, THAT'S, THAT'S TYPICALLY THE PURPOSE OF THE CONDITIONAL USE PER USE PERMIT IS ON A CASE BY CASE BASIS.

WE CAN SET THOSE THINGS.

SO IF WE WERE TO COME FORWARD WITH ACTUAL OPERATING REQUIREMENTS, THEN THERE WOULDN'T REALLY NEED THE BE THE NEED FOR A C U P ANYMORE CUZ WE COULD JUST ADD THOSE INTO OUR CODE AS THESE ARE THE OPERATIONAL REQUIREMENTS FOR THIS TYPE OF BUSINESS.

SO IT REALLY WAS INTENDED THAT IF WE HAVE A ONE BUSINESS THAT HAS A HIGHER NUMBER OF CALLS FOR SERVICE, WE CERTAINLY WOULD WANT HIGHER SECURITY MEASURES THAN AT A LOCATION WHERE THERE'S NOT AS MANY CALLS FOR SERVICE.

AND SO IT, THAT'S, THAT WAS THE PURPOSE OF PUTTING THIS THROUGH A CONDITIONAL USE PERMIT PROCESS RATHER THAN JUST PERMITTING IT BY RIGHT.

BUT HAVING SPECIFIC, UM, REQUIREMENTS LAID OUT AS, AS THEY WOULD OPERATE.

AND THAT'S WHAT MAKES SENSE TO ME.

BUT I, I GUESS I, THAT'S WHY I WASN'T SURE.

BECAUSE IF WE'RE GONNA MAKE SOMETHING, IF WE'RE GONNA MAKE A MOTION THAT REQUIRES CERTAIN HOURS OF OPERATION, THEN THAT JUST KIND OF, UH, OFFICIATES THE WHOLE NEED FOR THE C P AS WELL.

I MEAN, WE COULD JUST SAY THAT, YOU KNOW, THESE ARE THE HOURS OF OPERATION RATHER THAN, UM, HAVE THE FLEXIBILITY AND THE CONTROL TO BE ABLE TO, CONTROL ISN'T THE RIGHT WORD, BUT DO YOU SEE WHERE I'M GOING WITH THIS? UM, IF I MAY, COMMISSIONER MAIA.

I MEAN, OURS IS JUST A RECOMMENDATION IN ESSENCE THAT WOULD GIVE STAFF TIME BETWEEN NOW AND THE CITY COUNCIL TO REACH OUT TO THEM.

AND IF THERE'S A, A CHANGE OF HEART WITH SOME OF THESE BUSINESSES, THE CITY COUNCIL COULD CHANGE OUR RECOMMENDATION.

UM, SO WE WOULD IN ESSENCE JUST BE PROVIDING GUIDANCE IN, YOU KNOW WHAT, IT'S OUR RECOMMENDATION THAT MAYBE THERE SHOULD BE, UM, HOURS, SET HOURS AND MAYBE WE CAN JUST LEAVE IT AT THAT AND THEN THEY CAN DECIDE WHAT THOSE HOURS MIGHT BE ONCE THEY SPEAK TO THE BUSINESSES AND HAVE THAT INFORMATION BY THE CITY COUNCIL.

I WOULD AGREE.

ARE YOU CLEAR? I UNDERSTAND EVERYTHING.

I'M VERY CLEAR.

OKAY.

OKAY.

DO YOU WANNA GO? OKAY.

OKAY.

UM, SO HOW ARE WE GONNA WORD THIS TO ADD THE, UH, CONSIDERATION FOR HOURS? SO HOW, HOW DO YOU WANT US TO WORD IT? UM, MAYBE SET HOURS OF OPERATION TO BE DETERMINED.

SET, UH, OR A CLOSER LOOK AT SET HOURS OF OPERATION.

THERE YOU GO.

IS THAT OKAY? YEAH.

OKAY.

THAT WAY IT KIND OF LEAVES IT OPEN AND, UH, THAT WAY THEY KNOW THAT WE'RE CONCERNED ABOUT THE HOURS OF O OPERATION.

OKAY.

DULY NOTICE PUBLIC HEARING TO CONSIDER REQUEST FOR ZONE CHANGE.

23 DASH ZERO ONE.

THIS ONE? YEAH.

I MAKE A MOTION OF THE PLANNING COMMISSION OF THE CITY OF LAHABRA, CALIFORNIA APPROVE AND THE RESOLUTION OF A PLANNING COMMISSION OF THE CITY OF LAHABRA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE IMPROVING ZONE CHANGE 23 DASH OH ONE TO AMEND TITLE 18 ZONING OF LAHABRA MUNICIPAL CODE

[00:35:02]

REGULATION TO GENERAL RETAIL USE AND PERSONAL SERVICES AND THEIR HOURS OF OPERATION WITH THE ADDED TO SET OPERATION CONSIDERATION FOR HOURS OF OPERATION.

OKAY, I SECOND THAT MOTION.

EVERYONE PLEASE ENTER YOUR VOTES.

MOTION PASSES THREE TO ONE AND THIS WILL BE FORWARDED TO THE CITY COUNCIL FOR THEIR REVIEW AND APPROVAL.

THANK YOU.

ARE THERE ANY COMMENTS FROM STAFF? I JUST WANNA LET THE COMMISSION KNOW WE DO NOT HAVE ANY ITEMS READY TO BE SCHEDULED FOR THE UPCOMING, UM, MEETING ON MAY 22ND.

WE'D RECOMMEND, UM, THE COMMISSION CONSIDER, UM, ADJOURNING TO THE NEXT MEETING, WHICH WOULD BE JUNE 12TH.

THANK YOU.

ARE THERE ANY COMMENTS FROM COMMISSIONERS? COMMISSIONER MAYA? I'M JUST, UH, HAPPY TO SEE SO MUCH PARTICIPATION TODAY.

THANK YOU, COMMISSIONER BERNER.

UH, I WAS ON THE, UM, COMMISSION TO HELP WITH THE GENERAL PLAN AND THE ZONING IN THE LAST FEW YEARS.

AND I UNDERSTAND THE CONCERN.

WE LOOKED AT ALL OF 'EM VERY CLOSELY.

OF COURSE THERE'S SOME THAT WE DIDN'T FORESEE OTHER THINGS HAPPENING AND, YOU KNOW, COMING ALONG AND, UM, YOU KNOW, I'M GLAD THAT WE'RE DOING THIS.

I I, I KNOW, I HOPE THIS WORKS OUT IN EVERYBODY'S BENEFIT AND, UM, WE GET A GOOD ANSWER FOR THIS, FOR THE COMMUNITY OVER THE OVERARCHING, UM, ISSUE HERE IS SAFETY FOR OUR COMMUNITY.

AND THESE SEVEN-ELEVEN S ARE FORTUNATELY AND UNFORTUNATELY VERY CLOSE TO HOMES, SO WE NEED TO CONSIDER THAT.

THANK YOU.

VICE CHAIRS ZRICH.

WELL, I APPRECIATE THE, THE FACT THAT, YOU KNOW, THIS IS A CARING COMMUNITY AND WE HAVE TO KEEP OUR, OUR, UH, OUR COMMUNITY SAFE.

UM, AND I KNOW THAT ALL THE BUSINESS OWNERS DO EVERYTHING THAT THEY CAN IN THEIR POWER WITH THEIR SECURITY SYSTEMS IN PLACE AND THE LIGHTING AND ALL.

AND IT'S, WE WANT YOU SAFE AS WELL.

SO I HOPE THAT, YOU KNOW, GOING BACK TO CITY COUNCIL THAT THIS IS GONNA BE ABLE TO COME OUT FAVORABLY FOR OUR BUSINESS OWNERS AND THE COMMUNITY AND I HOPE THAT THEY COME TO A RESOLUTION SOON.

THANK YOU.

AND AGAIN, I'M ALSO HAPPY TO SEE SO MUCH PARTICIPATION AND I WOULD INVITE EVERYBODY TO VOICE YOUR CONCERNS AND YOUR CONSIDERATIONS TO STAFF, UM, SO THAT THEY CAN ALSO CONSIDER THAT WHEN THEY'RE, UM, TAKING THIS TO THE CITY COUNCIL AND ALSO TO LET THE CITY COUNCIL KNOW YOUR THOUGHTS ON IT AS WELL.

UM, SO I GUESS JUST CONTINUE PARTICIPATING.

UM, AND THANK YOU FOR COMING.

AND WITH THAT, UM, THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION, THE MEETING IS ADJOURNED TO MONDAY, JUNE 12TH, 2023.