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[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, OCTOBER 27, 2025 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.]
MEETING WILL PLEASE COME TO ORDER.WILL THE AUDIENCE PLEASE STAND AND JOIN? COMMISSIONER RAMSON IN THE PLEDGE OF ALLEGIANCE? OKAY, PUT YOUR HANDS OVER YOUR HEART AND FOLLOW ALONG WITH ME.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY OF JUSTICE FOR ALL.
WILL THE SECRETARY PLEASE CALL ROLL CHAIR MACHA.
COMMISSIONER LOGAN CANNON HERE.
WE'LL NOW MOVE, 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 IN OUR 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 ITEM ON THE CONSENT CALENDAR OR OF CITY BUSINESS NOT APPEARING ON THE SCHEDULED AGENDA PER GOVERNMENT CODE SECTION 5 4 9 5 4 0.3 A.
SUCH COMMENTS SHALL NOW BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING, DO WE HAVE ANYONE THAT WISHES TO ADDRESS THE COMMISSION ON THE ITEMS, ON THE CONSENT CALENDAR, OR ANY ITEM NOT APPEARING ON THE AGENDA? I DO.
PLEASE FILL OUT A SPEAKER CARD AND LEAVE IT AT THE LECTERN WHEN YOU COME FORWARD TO SPEAK.
UH, YOU WILL 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.
WE WILL HEAR FROM THE FIRST SPEAKER.
I BELIEVE YOU'RE HERE TO SPEAK ON, RIGHT? YES.
JUST THAT'S WHAT I THOUGHT TOO.
I WASN'T SURE IF IT WAS BEFORE OR YOU'RE GOOD
WE WILL NOW CLOSE PUBLIC COMMENTS, UM, AND MOVE ON TO THE CONSENT CALENDAR.
ALL MATTERS ON, 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 REQUEST SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED, ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.
PUBLIC COMMENTS 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 IN OR LOAN 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 CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE AND TWO.
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? IS THERE ANYONE IN THE AUDIENCE WISHES THAT WISHES TO HAVE AN ITEM REMOVED? HEARING NONE.
MAY I PLEASE HAVE A MOTION? I MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.
A MOTION HAS BEEN MADE BY COMMISSIONER CARDENA AND SECONDED BY COMMISSIONER LOGAN CANNON.
EVERYONE PLEASE ENTER YOUR VOTE.
WE WILL NOW MOVE TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING.
THE PROCEDURES WILL BE AS FOLLOWS.
THE CHAIR WILL INTRODUCE THE ITEM AND THEN STAFF WILL GIVE A REPORT ON THE ITEM.
THOSE WHO WISH TO SPEAK IN FAVOR OF THE ITEM WILL BE RECOGNIZED FIRST AND THEN THE COMMISSION WILL HEAR FROM THOSE IN OPPOSITION.
REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.
AFTER ALL HAVE SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTION IT DEEMS APPROPRIATE.
IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE FILL OUT A SPEAKER'S CARD AND LEAVE IT AT THE LECTERN.
WHEN YOU COME FORWARD TO SPEAK, YOU'LL FIND THE SPEAKER'S CARDS AT 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 MUST BE KEPT BRIEF, NON-REPETITIVE AND PROFESSIONAL IN NATURE.
TONIGHT'S PUBLIC HEARING ITEM IS ONE DULY NOTICED PUBLIC HEARING TO CONSIDER.
REQUEST FOR DESIGN REVIEW 25 DASH 0 0 7 TO REMODEL THE FACADE OF AN EXISTING DRIVE-THROUGH RESTAURANT AKA BURGER KING AT 21 0 1 WEST WHITTIER BOULEVARD.
ASSESSOR'S PARCEL NUMBER 0 1 7 DASH 0 7 3 DASH THREE ONE.
DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM?
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NO, WE DID NOT.MADAM CHAIR, DO WE HAVE A STAFF REPORT? YES.
THANK YOU VERY MUCH, CHAIR AND GOOD EVENING PLANNING COMMISSIONERS.
I AM JACOB LINGA, ASSOCIATE PLANNER.
THE PROJECT SITE IS AN EXISTING DRIVE THROUGH BURGER KING RESTAURANT LOCATED ON A 2.3 ACRE PARCEL AT THE NORTHWEST CORNER OF WHITTIER BOULEVARD AND LINDAW DRIVE.
THE PARCEL IS SURROUNDED BY MULTI-TENANT APARTMENT COMPLEX TO THE NORTH, THE KENWOOD, UH, SHOPPING CENT, MULTI-TENANT SHOPPING CENTER TO THE EAST, THE CHANTRY SQUARE, MULTI-TENANT SHOPPING CENTER TO THE SOUTH AND AN A APARTMENT COMPLEX PARKING LOT TO THE WEST.
THE APPLICANT HAS PROPOSED A FULL RENOVATION OF THE EXTERIOR FACADE OF THE EX EXISTING BURGER KING RESTAURANT THAT WAS CONSTRUCTED IN 1969.
THE OBJECTIVE OF THIS REMODEL IS TO BRING NEW LIFE TO THE BUILDING AND MATCH BURGER KING'S NEW GARDEN GRILL DESIGN, WHICH AIMS TO BLEND FAST FOOD WITH A COZY GARDEN BARBECUE AESTHETIC.
WHILE THE APPLICANT HAS CUSTOMIZED THE PROPOSED GARDEN GRILL DESIGN FOR LAHA BURGER BURGER KING, UH, THE DESIGN CONCEPT IS A PART OF BURGER KING'S NATIONAL REBRANDING EFFORTS.
THE SITE AS A WHOLE WILL PREDOMINANTLY REMAIN UNCHANGED AS IN ADDITION TO THE FACADE REMODEL.
THOUGH THE EXISTING A DA PARKING STALLS WILL BE UPDATED TO INCLUDE ONE VAN ACCESSIBLE STALL AS WELL AS PROVIDE AN A DA PATH OF TRAVEL FROM THE RESTAURANT TO THE EXISTING TRASH ENCLOSURE, WHICH IS LOCATED IN THE NORTHWEST CORNER OF THE SITE.
UM, THIS IS REQUIRED FROM THE CALIFORNIA BUILDING CODE.
THERE ARE CURRENTLY THREE DRIVEWAYS TO ACCESS THE SITE, ALL PROVIDING INGRESS AND EGRESS.
THE DRIVEWAY LOCATED ON LINDA DRIVE, UH, PROVIDES DIRECT ACCESS TO THE RESTAURANT'S DRIVE DRIVE-THROUGH LANE.
THE CURRENT BUILDING FEATURES A TRAPEZOIDAL ROOF AND MINIMALLY ENHANCED EXTERIOR WALLS.
THIS FACADE HAS GENERALLY REMAINED THE SAME SINCE THE BUILDING'S CONSTRUCTION IN 1969.
MINOR MODIFICATIONS IN 1983 ALLOWED FOR THE CONSTRUCTION OF AN ADDITION TO THE BUILDING TO PROVIDE A DRIVE THROUGH WINDOW AND THE INSTALLATION OF THE PLAYGROUND AREA.
THOUGH THE MAIN BUILDING FACADE REMAINED PREDOMINANTLY UNTOUCHED.
AS PREVIOUSLY STATED, THE PROPOSED FACADE REMODEL IMPLEMENTS BURGER KING'S GARDEN GRILL BRANDING DESIGN.
THIS NEW DESIGN FEATURES RECTANGULAR SHAPED STRUCTURE WITH CYBER CEMENT WOOD AND STUCCO CEMENT SIDING, A BRICK WAINSCOT METAL AWNING STRUCTURES WITH CABLES AND A RED PARAPET LIGHT BAR RIGHT THERE.
THE APPLICANT IS ADDITIONALLY PROPOSING TO REFRESH AND UPDATE THE EXISTING LANDSCAPING THAT WILL BE AFFECTED BY THE PROPOSED CONSTRUCTION.
UPDATED SHRUBS AND BUSHES SHALL BE PROVIDED THROUGHOUT THE SITE AND ALONG WHITTIER BOULEVARD LOCATED IN THE EXISTING PLANTERS.
WHILE THE SITE IS COMPLIANT WITH THE REQUIREMENTS FOR THE LANDSCAPED AREA AND ONSITE TREES, THE SITE IS CURRENTLY NON-CONFORMING IN REGARDS TO THE MINIMUM NUMBER OF TREES REQUIRED ALONG WHITTIER BOULEVARD STREET FRONTAGE.
THE LAHABRA MUNICIPAL CODE REQUIRES THAT ANY NON-CONFORMING SITE IS, WHICH IS SUBJECT TO DISCRETIONARY REVIEW, MUST BE BROUGHT INTO COMPLIANCE WITH ALL CURRENT CODE STANDARDS THAT APPLY TO THE EXTENT PHYSICALLY POSSIBLE AS DETERMINED BY THE PLANNING COMMISSION.
WHILE FIVE TREES ARE REQUIRED BY THE CODE, ONE TREE IS CURRENTLY EXISTING AND THE THE PROJECT IS CURRENTLY CONDITIONED TO ADD TWO NEW TREES ALONG THE FRONTAGE TO BRING THE SITE INTO CONFORMANCE TO THE GREATEST EXTENT POSSIBLE.
ADDITIONAL TREES, UM, WOULD NOT BE POSSIBLE FOR THIS SITE BECAUSE THEY WOULD CONFLICT WITH THE EXISTING PERMITTED SIGNAGE AND WOULD BLOCK VIEWS FROM DRIVERS APPROACHING THE SITE FROM BOTH THE EAST AND THE WEST.
THIS PROJECT AIMS TO UPDATE AND REFRESH THE EXISTING RESTAURANT BUILDING DESIGN CONSISTENT WITH THE REQUIREMENTS OF THE LAHABRA MUNICIPAL CODE AND BURGER KING'S NATIONAL REBRANDING EFFORTS.
STAFF RECOMMENDS THAT THE PLANNING COMMISSION APPROVE THIS PROJECT SUBJECT TO THE CONDITIONS OF APPROVAL.
STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS.
AT THIS TIME I'LL ASK THE PLANNING COMMISSIONERS IF THEY HAVE ANY QUESTIONS OF STAFF.
UM, WHAT IS HAPPENING WITH THE PLAYGROUND STRUCTURE THERE IN THE FRONT? SO THE PLAYGROUND STRUCTURE IS GONNA REMAIN UNTOUCHED.
THEY ARE GOING TO BE UPDATING THE FENCING SURROUNDING THE PLAYGROUND AREA TO JUST BE MORE CONSISTENT WITH THE, UM, REBRAND.
IT SEEMS LIKE THAT'S BEEN LIKE ABANDONED FOR QUITE SOME TIME.
UM, CAN YOU CONFIRM THAT OR, UM, I DON'T KNOW IF WE'RE OPENING THE PUBLIC HEARING YET OR DO YOU WANT A RESPONSE? I I'M GONNA GO AHEAD AND OPEN THE PUBLIC HEARING.
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WE WILL NOW OPEN THE PUBLIC HEARING.WE WILL HEAR FIRST FROM THE APPLICANT IF THEY WISH TO ADDRESS THE COMMISSION, FOLLOWED BY ANYONE ELSE IN THE PUBLIC WISHING TO SPEAK IN FAVOR OF THE PROPOSED PROJECT.
CAN WE PLEASE? WELL, THE APPLICANT HAS COME FORWARD TO THE PODIUM AND MAY NOW ADDRESS THE COMMISSION.
CAN YOU PLEASE SPELL YOUR NAME? MY NAME IS STEVEN BRADLEY, B-R-A-D-L-E-Y.
I'M THE ARCHITECT FOR THIS PROJECT.
UM, TO ADDRESS THE COMMISSIONER MANLEY'S QUESTION REGARDING THE PLAY STRUCTURE.
THE PLAY STRUCTURE WAS CLOSED DURING COVID AND AT THAT TIME WE ANTICIPATED
SO IT HAS REMAINED CLOSED FOR THE LAST FIVE YEARS, BUT ONCE WE ARE CLEAR TO DO THIS REMODEL AND WE WILL FRESHEN THIS UP AND REPAIR IT SO THAT IT WILL ONCE AGAIN BE OPENED.
UM, SO YOU ARE CORRECT, IT IS, UH, LOCK SHUT AT THIS POINT IN TIME AND THERE IS A SIX FOOT, UH, OPEN FENCE ALL THE WAY AROUND THIS FACILITY, THE PLAYGROUND FACILITY.
NOW WE WILL HEAR FOR THOSE WISHING FROM THOSE WISHING TO SPEAK IN OPPOSITION TO THE PROPOSED ITEM.
IF YOU WISH TO SPEAK IN OPPOSITION, PLEASE COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.
OH, OUR, OUR FORMER CHAIR MANLEY HAS INSTRUCTED ME VERY, VERY WELL THAT I SHOULD ALLOW YOU TO CONTINUE TO SPEAK.
YOU MAY HAVE HAD MORE THAT YOU WANTED TO SAY IN SUPPORT OF YOUR PROJECT AND I CUT YOU OFF.
MY APOLOGIES, SIR, PLEASE TELL US ABOUT YOUR PROJECT.
UM, THANK YOU COMMISSIONER MANLEY.
UM, I ALSO WANTED TO ADDRESS ONE OF THE POINTS THAT WAS BROUGHT UP BY, UH, UH, CITY STAFF DURING OR AFTER THE, UH, APPROVAL PROCESS WITHIN THE LAST MONTH.
AND THAT WAS THE IMPOSITION FOR A A DA PATH OF TRAVEL FROM THE, UH, BASICALLY THE FRONT OF THE RESTAURANT BUILDING ALL THE WAY TO THE REMOTE BACK CORNER OF THE TRASH ENCLOSURE.
I'VE GONE THROUGH THE A DA CODE AND IN MY 45 YEARS AND ALL THE RESTAURANTS THAT I'VE DONE NEVER HAD TO DO THIS.
UH, I AM GOING TO TELL A DISABLED PERSON WHO'S AN EMPLOYEE TO, UH, TAKE OUT THE TRASH AND ONCE HE GETS TO THE TRASH ENCLOSURE, HE WILL NOT BE ABLE TO DO IT.
HE CAN'T LIFT THE LID OF A HIGH DUMPSTER TO DEPOSIT THE TRASH.
HE CAN'T OPEN THE GATE OF THE DUMPSTER ENCLOSURE.
UH, SO WHAT DOES HE DO AT THAT POINT? HE EITHER TURNS AROUND AND GOES BACK AND SAYS, I CAN'T DO MY JOB, OR HE PILES THE TRASH THERE, WHICH CAUSES ANOTHER PROBLEM.
UM, I WOULD LIKE AND HEREBY RESPECTFULLY REQUEST THAT THE COMMISSION RESCIND THAT PORTION OF THE REQUIREMENT AT THIS TIME.
POINT OF ORDER, UM, COUNSEL, IF I, CAN WE EVEN DO THAT? OH, IF I MAY, PUBLIC HEARING FIRST, UM, I'D JUST LIKE TO INFORM THE COMMISSION THAT ITS STAFF'S PLANNING STAFF'S UNDERSTANDING THAT THIS IS A BUILDING CODE REQUIREMENT.
EVEN IF WE WERE TO REMOVE THIS AS A CONDITION OF APPROVAL, THEY'LL BE REQUIRED TO UNDERGO BUILDING AND, UM, PLAN, CHECK, REVIEW AND BUILDING AND SAFETY WILL MAKE A DETERMINATION, UH, AS FAR AS A DA UPGRADES AND IMPROVEMENTS.
BUT AGAIN, IT'S OUR UNDERSTANDING THAT THE PATH OF TRAVEL IS REQUIRED.
AND THEN JUST TO COMMENT ON WHAT HE DESCRIBED, I HAD ALSO QUESTIONED THE PATH OF TRAVEL TO THE TRASH ENCLOSURE, AND I WAS TOLD THAT PEOPLE HAVE VARYING DISABILITIES NOT NECESSARILY BEING CONFINED TO A WHEELCHAIR OR WHATNOT, BUT THEY MAY STILL HAVE A WALKABLE PATH THAT THEY NEED TO GET TO THE TRASH ENCLOSURE AGAIN.
UM, FOR WHAT IT'S WORTH, THAT'S WHAT I'VE BEEN TOLD.
AND AGAIN, THIS IS STRICTLY A REQUIREMENT THROUGH BUILDING AND SAFETY.
UM, DID YOU DO, SO WE'RE GONNA HAVE TO CL UM, CLOSE THE PUBLIC HEARING IN ORDER TO DISCUSS IT AMONGST OURSELVES.
SO I WANNA GIVE YOU THE OPPORTUNITY TO SAY ANYTHING ELSE THAT YOU WANTED AT THIS MOMENT.
UH, TO ANSWER, UH, THE PLANNING MANAGER'S STATEMENT, UM, THERE IS NO, UM, UH, VARYING DEGREES OF A DA ACCESSIBILITY THAT ARE IMPOSED ONCE WE SHOW A PATH OF TRAVEL.
ANYBODY THAT IS DISABLED KNOWS THAT THAT IS THE ROUTE THAT THEY ARE ABLE TO TAKE.
SO TO SAY THAT MAYBE THIS IS, UH, POSSIBLY A VISUALLY IMPAIRED DISABLED PERSON, UM,
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IT, IT, WE, WE DON'T HAVE THAT VARYING DEGREE, UH, BY ALLOWING THE PATH OF TRAVEL, YOU'RE SAYING THAT A DISABLED PERSON CAN DO THIS, AND WE ALL KNOW THAT THE REQUIREMENTS FOR A DISABLED PERSON, GRANTED WORST CASE SCENARIO, MAY BE A WHEELCHAIR, BUT EVEN IN OTHER CONDITIONS, THEY'LL BE ABLE TO LIFT OVER YOUR HEAD TO TAKE A LID OF A DUMPSTER TO OPEN IT UP TO DEPOSIT TRASH.YOU DON'T HAVE TO BE IN A WHEELCHAIR TO DO THAT.
UH, YOU DON'T HAVE TO BE OUT OF A WHEELCHAIR TO DO THAT AND BE DISABLED.
SO I, I'M, I'M CONCERNED THAT BY SHOWING THE PATH OF TRAVEL, YOU'RE OPENING THIS UP AND, UM, I'LL BE HAPPY TO DEBATE THAT WITH, UH, WITH BUILDING STAFF AS WELL.
BECAUSE THIS IS THE FIRST TIME IN MY 45 YEARS THAT I'VE HAD TO DO AN A DA PATH OF TRAVEL TO A, TO A TRASH ENCLOSURE.
SO AGAIN, STAFF RESPECTFULLY LISTEN TO THE APPLICANT'S, UH, EXPLANATION, BUT THIS IS NOT A REQUIREMENT THAT I THINK THE PLANNING COMMISSION WILL CAN HAVE PURVIEW OVER AND DICTATING THE APPLICABILITY OF A BUILDING CODE REQUIREMENT.
SO WHAT I'M SAYING IS THAT EVEN IF IT'S NOT EXPRESSLY STATED AS A CONDITION OF APPROVAL, IT IS ANTICIPATED TO STILL BE A REQUIREMENT THROUGH THE BUILDING PLAN CHECK PROCESS.
UM, SO WHAT I'M GONNA DO NOW IS I'M GONNA ASK ANYBODY IF THEY WANTED TO SPEAK IN OPPOSITION TO THE PROPOSED ITEM NEXT.
UM, THAT WAY WE CAN GET TO CLOSING THE PUBLIC HEARING PORTION AND GET TO DISCUSSION.
UM, WE WILL NOW CLOSE A PUBLIC HEARING AND I WILL CALL ON THE PLANNING COMMISSIONERS FOR DISCUSSION OR A MOTION.
SO, SO YOU, THE, THE BUILDING CODE, LIKE THAT REQUIREMENT COMES FROM FROM WHERE? FROM WHO? IS THAT THE CITY? IS THAT THE, I I THOUGHT I HEARD IN THE PRESENTATION THE STATE RIGHT STATE BUILDING CODE.
SO THE CITY'S ADOPTED THE STATE BUILDING CODE.
AND, AND I GUESS LIKE MY QUESTION WOULD BE IN REVIEWING A LOT OF PROJECTS SIMILAR TO THIS, JUST NEVER SEEN THIS BEFORE AS FAR AS I CAN TELL.
AND MAYBE IT JUST WASN'T ACCENTUATED IN THAT WAY IN THE PRESENTATION.
UM, AND SO IT WAS NEVER, YOU KNOW, RAISED AND AN APPLICANT, YOU KNOW, NEVER RAISED ISSUE WITH IT LIKE MR. BRADLEY DID THIS EVENING.
SO MAYBE I NEGLECTED TO SEE IT BEFORE, OR ROY, WHAT, WELL, I'D LOVE TO HEAR WHAT RAMSON SAYS ABOUT THIS.
I, I FIND MYSELF AGREEING WITH THE APPLICANT, UM, IN MY 40 PLUS YEARS OF WORKING IN CODES, I'VE NEVER SEEN THIS PARTICULAR REQUIREMENT.
THAT DOESN'T MEAN IT HASN'T CHANGED.
AND AS STAFF POINTS OUT, THE COMMISSION HAS NO AUTHORITY WHATSOEVER TO WAIVE ACCESSIBILITY REQUIRED EITHER STATE OR FEDERAL.
UM, SO MY SUGGESTION WOULD BE TO THE APPLICANT IS TO JUST WORK CLOSELY WITH THE BUILDING OFFICIAL.
AND IF YOU CAN CONVINCE THE BUILDING OFFICIAL IF NOT REQUIRED, THEN I THINK WE'RE GOOD WITH THAT TOO.
BUT WE, WE DON'T HAVE THE AUTHORITY TO MAKE THE CONDITION GO AWAY.
AND JUST A QUESTION I HAVE FOR YOU IS, BECAUSE IT LOOKS TO ME NOT ALL THAT COMPLICATED OR COSTLY TO YOUR PROJECT, IS IT MORE TO IT THAN JUST PAINTING THE STRIPING? DO YOU HAVE TO DO REGRADING OR ANYTHING OF THE PARKING LOT OR THERE MAY BE SOME MINOR, UM, ASPHALTIC UH, IMPROVEMENTS THAT MIGHT NEED TO BE DONE? MY MY ISSUE WITH THIS IS, IS MORE THE INTENT OF, OF, OF WHAT IS GOING TO OCCUR WITH THIS IMPOSITION.
AND I UNDERSTAND WHERE YOU GUYS ARE AND, UM, UH, IT, IT, THIS WILL BE CHALLENGED WITH THE BUILDING OFFICIAL BECAUSE I MEAN, IT'S, IT'S HARD TO DETERMINE WHAT SOMEBODY'S DISABILITY IS BY LOOKING AT THEM.
SO, YOU KNOW, I HAVE CHRONIC BACK PAIN, BUT IF I WAS WORKING THERE, I, I COULD DRAG A TRASH CAN OUT AND PUT IT IN THAT DUMPSTER IF THAT'S WHAT I HAD TO DO TO KEEP MY JOB.
IT WOULD BE UNCOMFORTABLE, BUT I COULD DO IT.
SO YOU CAN'T ALWAYS ASSUME THAT SOMEBODY THAT'S GOTTEN QUALIFIES FOR THE HANDICAP STICKER IN THEIR CAR AND ALL THAT STUFF IS TOTALLY INCAPACITATED AND THAT THEY CAN'T DO SOME FUNCTIONS.
SO THAT'S JUST KIND OF AN ASSUMPTION I THINK PEOPLE MAKE THEY SHOULDN'T MAKE.
'CAUSE YOU DON'T KNOW WHAT IT IS.
WELL, THIS IS, IT CAN'T BE, BUT, BUT AGAIN, IT, WE CAN'T DO ANYTHING ABOUT IT.
YOU NEED TO TAKE IT UP WITH THE BUILDING OFFICIAL AND IF YOU CAN SHOW HIM, UM, BY YOUR KNOWLEDGE OF THE CODE AND SHOW HIM SECTIONS
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TO MAKE YOUR CASE AND HE BELIEVES YOU, THEN YOU DEAL DONE.SO I WOULD JUST ENCOURAGE YOU TO WORK WITH THE BUILDING OFFICIAL.
I'M GONNA, I'M GONNA JUMP ON THAT.
UM, PIGGYBACK ON THAT 'CAUSE I'M A DISABLED PERSON AND YOU WOULDN'T BE ABLE TO KNOW, YOU WOULDN'T KNOW IF I, YOU CAN GO AHEAD AND HAVE A SEAT 'CAUSE WE'RE NOT ALLOWED TO HAVE A BACK AND FORTH HERE.
BUT, UM, I HAVE AN INVISIBLE DISABILITY TOO, AND I, I CERTAINLY, YOU KNOW, NOBODY WOULD EVER ASSUME BY LOOKING AT ME.
UM, AND I COULD DEFINITELY TAKE THE TRASH OUT.
SO LET'S NOT, I DEFINITELY AGREE WITH HIM, UM, THAT WE SHOULDN'T BE MAKING ASSUMPTIONS ABOUT PEOPLE'S DISABILITIES.
UM, I DON'T REALLY, I, I WANTED TO KNOW FROM OUR COUNCIL WHETHER WE WITH THIS, WHETHER WAIVING THAT IS EVEN WITHIN OUR PURVIEW.
UH, MADAM CHAIR, I BELIEVE THE PLANNING MANAGER ANSWERED THAT.
I MEAN, YOU COULD WAIVE THAT CONDITION OF APPROVAL, A SPECIFIC PROJECT SPECIFIC CONDITION, BUT AS THE PLANNING MANAGER STATED, THEY ARE REQUIRED TO COMPLY WITH STATE LAW AND YOU DO NOT, IT'S NOT WITHIN YOUR POWER TO NOT ALLOW THEM TO COMPLY.
WHAT IS THE LIABILITY FOR US IF WE WAIVE THAT, IF ANY? I CANNOT SPEAK TO THAT AT THIS POINT.
AGAIN, WE JUST DON'T HAVE THE AUTHORITY TO DO THAT.
AND THE LI AND IF WE DID FORCE SOMETHING LIKE THAT, WE'RE ACCEPTING HUGE LIABILITY IF SOMETHING GOES WRONG AND WE DIDN'T COMPLY WITH THE CODES.
SO, UM, A AGAIN, I JUST, THEY IT NEEDS TO WORK IT OUT WITH STAFF.
IT'S NOT SOMETHING THE COMMISSION OR THE ATTORNEY CAN DETERMINE FROM HERE BECAUSE, YOU KNOW, SHE DOESN'T KNOW ALL THE NUANCES OF THE CODES EITHER.
YOU KNOW, THE PROFESSIONAL BUILDING OFFICIAL NEEDS TO HAVE THAT DISCUSSION WITH HIM.
BUT, BUT I DO HAVE AN, AN ADDITIONAL KIND OF ON THE AADA A STUFF.
SO THE PLAYGROUND'S BEEN CLOSED FOR FIVE YEARS AND YOU'RE GONNA REOPEN IT.
UM, OR YOU JUST UNLOCKING THE GATES.
ARE YOU GOING TO BE REMODELING IT OR REPLACING THE EQUIPMENT? AND DOES, DOES EVERYTHING IN THERE COMPLY WITH A DA REQUIREMENTS? SO THAT'S KIND OF A A I I MEAN IF THE, IF IT'S ALL RIGHT WITH THE CHAIR THAT YOU COULD COME ANSWER MY QUESTIONS.
'CAUSE I THINK IT MIGHT JUST BE MORE COMPLEX THAN JUST UNLOCKING THE GATE.
MADAM CHAIR, JUST TO CLARIFY, YOU CLOSED THE PUBLIC HEARING, RIGHT? I DON'T KNOW IF YOU WANNA REOPEN IT BECAUSE YOU GUYS ARE KIND OF WELL, I'M JUST ASKING A QUESTION.
SO IF, YEAH, IF WE GOT A, I I'D LIKE TO HEAR THE ANSWER IF YOU WOULD, WOULDN'T MIND REOPENING IT.
CHAIR AND I, I WILL NOW REOPEN PUBLIC HEARING SO THAT WE CAN HEAR FROM THE APPLICANT.
WE'RE ALL, YOU KNOW, LEAN TO LET'S GET IT DONE.
LET'S, LET'S, LET'S ALL THIS INTO EACH OTHER.
UH, TO ANSWER YOUR QUESTION, UH, I, I AGREE WITH YOU JUST REOPENING IT IS PROBABLY NOT GOING TO BE THE, UH, THE ENTIRE WAY TO, UH, GET THE PLAY FACILITY BACK IN, IN PLAY, UH, NO PUN INTENDED.
UM, I DO ANTICIPATE THAT THERE WILL BE A, A FRESHENING OF THE PLAY EQUIPMENT.
IT WILL BE DONE UNDER A DIFFERENT PERMIT.
IT'S NOT PART OF THIS PROJECT.
ANYONE ELSE? NO, I'M GLAD TO HEAR THAT.
I MEAN, IT'S, IT'S BEEN A LITTLE BIT OF AN EYESORE, I THINK FOR FIVE YEARS.
SO WHEN I DIDN'T SEE IT SPOKEN TO ON THIS PROJECT, I, I WAS A LITTLE CONCERNED.
UM, THE, THE PROJECT LOOKS GREAT.
I MEAN, THE LOCATION OF EVERYTHING.
I MEAN, THE FIRST THING YOU REALLY DO TEND TO SEE WHEN YOU DRIVE DOWN WHERE WOODIER BOULEVARD IS THAT, UM, DILAPIDATED PLAY STRUCTURE KIND OF STARING YOU IN THE FACE.
AND SO I, I MEAN, I WAS VERY CURIOUS AS TO WHAT, WHAT WAS HAPPENING.
AND, UM, YOU KNOW, PLEASED TO HEAR THAT HOPEFULLY SOMETHING YOU KNOW, IS HAPPENING TO IMPROVE THAT, UM, OR, OR NOT, YOU KNOW, OR REMOVE IT ALL TOGETHER.
AND THEN YOU, YOU CAN KIND OF HIGHLIGHT THE, THE NICE REMODEL TO THE BUILDING, BUT JUST LEAVING THAT KIND OF AS IS, UM, GOING INTO THE FUTURE WOULD, YOU KNOW, AS A, AS A RESIDENT, I, I DON'T LIKE THAT.
IT'S, IT'S AN EYESORE FOR SURE.
SO THAT'S NOT WHY WE'RE HERE TONIGHT.
UM, ANYTHING ELSE? I DON'T HAVE ANYTHING ELSE.
SO ANYBODY ELSE WANNA ADD TO THE DISCUSSION? OKAY.
TO CONFIRM IT, THE FENCE IS GONNA GO DOWN.
THE CURRENT FENCE IS SIX FEET, AND NOW IT'S GONNA GO TO A BRICK WALL THAT'S FOUR FEET.
THE FENCE AROUND THE PLAY STRUCTURE REMAINS.
THE BRICK IS A VENEER ON THE WALL OF THE, UH, THE BUILDING ITSELF.
SO IF YOU LOOK AT THE, UH, PICTURES, UH, ON THE, UH, SCREEN, YOU'LL SEE THE BRICK VENEER.
IT'S, IT'S CALLED A WAIN SCOTT.
UH, IT'S THE LOWER PORTION OF THE WALL THAT GOES ALL THE WAY AROUND THE BUILDING.
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THE FENCE REMAINS AND IS REPAINTED.ALL RIGHT, WE'RE GONNA CLOSE THE PUBLIC HEARING AGAIN, AND I THINK WE'RE DONE WITH DISCUSSION.
UH, I MAKE A MOTION TO APPROVE RESOLUTION NUMBER 25 DASH 24 APPROVING DESIGN REVIEW.
IS THERE A SECOND MOTION? I SECOND.
A MOTION HAS BEEN MADE BY COMMISSIONER MANLEY AND SECONDED BY COMMISSIONER LOGAN CANNON.
EVERYONE PLEASE ENTER YOUR VOTES, VERONICA, FOR, FOR SOME REASON MY, UH, YEAH, IT DIDN'T COME UP EARLIER AND I WASN'T ABLE TO VOTE.
VOTE BY ROLL CALL IF IT'S NOT WORKING.
MOTION PASSES FIVE ZERO AND THEN WILL BECOME FINAL ON 10 WORKING DAYS UNLESS IT'S APPEALED TO CITY COUNCIL.
ARE THERE ANY COMMENTS FROM STAFF? NO COMMENTS THIS EVENING.
ANY COMMENTS FROM COMMISSIONERS? NO COMMENTS.
I REALLY LOVE SERVING WITH PEOPLE WHO HAVE A LOT MORE EXPERIENCE THAN I DO.
AND I WANNA THANK YOU COMMISSIONER MANLEY AND VICE CHAIR RAMS. LYNN, I LEARN A LOT FROM YOU EVERY TIME AND SO THANK YOU.
THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION.
THE MEETING IS ADJOURNED TO MONDAY, NOVEMBER 10TH, 2025.