SO I'M GOING TO BEGIN THE PRELIMINARIES.
[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, SEPTEMBER 28, 2020 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631 ________________________________________________________________________________ PUBLIC ADVISORY: THE COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsome on March 17, 2020, the Regular Meeting of the City of La Habra Planning Commission for September 28, 2020, will be conducted telephonically through Zoom. Please be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chamber will not be open for the meeting. Planning Commissioners will participate telephonically and will not be physically present in the Council Chamber. In accordance with Executive Order N-25-20, guidance from the California Department of Public Health on gatherings, and in an effort to slow the spread of COVID-19 and to ensure the health and safety of our community, remote public participation can be done by: 1. Submitting an email to planningcommission@lahabraca.gov no later than 5:15 p.m. on the day of the meeting. 2. Participating via Zoom during the meeting on an audio only conference call by dialing 1-669-900-9128 and entering Meeting ID: 889 6374 7005 and Passcode:700446. Please note, you will enter the meeting muted, but if you want to comment during the public comment portions of the agenda, press *9, at the appropriate time indicated by the Chair during the meeting, and your call will be selected from the meeting cue. Before you press *9, turn off other electronic devices and turn down background noise at your location to avoid interference with your call. Please note that speakers must limit their comments to three minutes each and that the total time period for public comments is 30 minutes. Your patience with these changes is appreciated as the City adjusts to new ways of conducting business during the COVID-19 pandemic. ]
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I'LL SAY TO ALL GOOD EVENING.MY NAME IS DARREN EXTERRAN AND I'M THE CHAIRMAN OF THE PLANNING COMMISSION OF THE HARBOR.
AND IN ACCORDANCE WITH EXECUTIVE ORDER AND DASH TWO, FIVE DASH TWO ZERO GUIDANCE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ON GATHERINGS AND IN AN EFFORT TO SLOW THE SPREAD OF COVID-19 AND TO ENSURE THE HEALTH AND SAFETY OF OUR COMMUNITY, THE REGULAR MEETING OF THE WILL HARBOR PLANNING COMMISSION IS BEING CONDUCTED VIA TELECONFERENCE.
THE PLANNING COMMISSIONERS AND STAFF ARE CALLING IN REMOTELY AND REMOTE PUBLIC PARTICIPATION CAN BE DONE AS FOLLOWS FOR THE GENERAL PUBLIC WHO HAS CALLED IN.
PLEASE NOTE THAT YOU ARE MUTED, BUT IF YOU WANT TO COMMENT DURING THE PUBLIC COMMENT PORTIONS OF THE AGENDA RAISE, PLUS PLEASE, PLEASE PRESS STAR NINE.
AT THE APPROPRIATE TIME INDICATED BY THE PLANNING COMMISSION CHAIR DURING THE MEETING AND YOUR CALL WILL BE SELECTED FROM THE MEETING QUEUE.
PLEASE NOTE THAT SPEAKER IS MUSLIM WITH THEIR COMMENTS TO THREE MINUTES EACH AND THAT THE TOTAL TIME PERIOD FOR PUBLIC COMMENTS IS 30 MINUTES.
AGAIN, THIS IS FOR PUBLIC COMMENTS ON ANYTHING THAT IS NOT ON THE AGENDA TONIGHT.
PUBLIC COMMENTS WILL ALSO BE ACCEPTED BY EMAIL TO ALL ONE WORD PLANNING COMMISSION AT LAHABRA CA THAT'S THE HARBOR A CA ALL ONE WORD.GOV.
SO AT THIS TIME I'LL CALL THIS MEETING TO ORDER AND I'LL ASK EVERYONE TO JOIN VICE-CHAIR MANLY AND THE PLEDGE OF ALLEGIANCE READY BEGIN.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
VICE CHAIR, THE SECRETARY, PLEASE.
THIS IS COMMISSIONER SECRETARY CARMEN, CALLING ROLL COMMISSIONER POWELL, COMMISSIONER, COMMISSIONER BERNIER, OR VICE CHAIR.
GENERAL PUBLIC COMMENT SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR ALL PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE CHAIR.
SPEAKING TIME MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDED 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 FIVE, FOUR NINE FIVE, 4.3 SUB SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.
AGAIN, AS REMINDER, IF ANYONE ON THE LINE WISHES TO ADDRESS THE COMMISSION AT THIS TIME, PLEASE DIAL STAR NINE NOW AND WAIT TO BE ANNOUNCED AND VERONICA AT YOUR CONVENIENCE.
PLEASE ADVISE WHETHER WE HAVE ANYBODY ON HOLD OR ANY OTHER COMMENTS TO BE READ INTO THE RECORD.
WE DO NOT HAVE ANYONE ON HOLD WHO WISHES TO ADDRESS THE COMMISSION.
AND WE DID NOT RECEIVE ANY EMAILS TO BE READ INTO THE RECORD.
THANK YOU, VERONICA HEARING NONE.
WE WILL CLOSE PUBLIC COMMENTS AND ON TO THE CONSENT CALENDAR.
AND APPARENTLY THERE ARE NO ITEMS ON THE CONSENT CALENDAR THIS EVENING.
SO WE'LL MOVE ON TO THE PUBLIC HEARINGS SCHEDULED FOR TONIGHT.
PROCEDURES WILL BE AS FOLLOWS PLEASE.
THE CHAIR WILL ANNOUNCE THE HEARING AND THE STAFF WILL GIVE A REPORT ON THE ITEM.
THOSE WHO WISH TO SPEAK IN FAVOR OF THE ITEM WILL BE RECOGNIZED FIRST.
AND THEN THE COMMISSION WILL HEAR FROM THOSE IN OPPOSITION.
REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.
AFTER ALL THE SPOKEN TO PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTIONS THAT DEEMS APPROPRIATE.
IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE WAIT TO BE PROMPTED.
AND WHEN CALLED, PLEASE IDENTIFY YOURSELF BY SLOWLY SPELLING YOUR FIRST AND LAST NAME AND STATE YOUR ADDRESS FOR THE RECORD.
THE FIRST ITEM ON THE AGENDA IS CONSIDERATION OF A REQUEST FOR CONDITIONAL USE PERMIT TWO ZERO DASH ONE, ONE FOR AN ABC TYPE 41 ALCOHOLIC BEVERAGE LICENSE IN CONJUNCTION WITH A RESTAURANT AT ONE, FOUR OR FIVE, SIX SOUTH HARBOR BOULEVARD.
AND MAY WE PLEASE HAVE A STAFF REPORT? YES, MR. CHAIRMAN, THIS IS ANDREW HALL DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT.
THE STAFF REPORT THIS EVENING WILL BE PRESENTED BY ASSOCIATE PLANNER.
DAVID LOPEZ, DAMIAN CHAIRMAN, AND COMMISSIONERS, UH, REQUEST IS APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR BEER AND WINE SALES AND WITH THE RESTAURANT.
AND I'M GOING TO SHARE MY SCREEN.
SO THE IS FOR A CUP TO ALLOW FOR ON SALE BEER AND WINE IN CONJUNCTION WITH THE RESTAURANT PHEW NOODLE BAR.
I WANTED TO CLARIFY THE NAME OF THE RESTAURANT.
THE STAFF REPORT MENTIONS THE NAME, PHEW BEING THE ME'S NOODLE HOUSE.
HOWEVER, THE DBA IS ACTUALLY VIEW NOODLE BAR.
SO PHEW NOODLE BAR, IT'S LOCATED WITHIN THE ROW AND HARBOR IT'S THE CENTER LOCATED ALONG THE EAST SIDE OF HARBOR BOULEVARD
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BETWEEN LAST RE-ENLIST DRIVE AND LOS PALMAS DRIVE.THE CENTER CONTAINS 14 SUITES, 11 OF WHICH HAPPENED AT LEAST THERE ARE EIGHT APPROVED RESTAURANTS, TWO HEALTH CLUBS, AND A NAIL SALON.
THE SUBJECT SUITE IS LOCATED NEAR THE NORTHERLY END OF THE CENTER, ADJACENT TO THE RESTAURANT EGG BREAD VIEWS.
RESTAURANT CUP WAS ORIGINALLY APPROVED ON AUGUST 1ST, 2019.
AND THE RESTAURANT BEGAN OPERATION ON FEBRUARY 17TH OF THIS YEAR SINCE ITS OPERATION STAFF HAS NOT RECEIVED ANY CALLS OR COMPLAINTS REGARDING THE RESTAURANT OPERATION, THE REQUESTED BEER AND WINE SALES IS VERY COMMON WITHIN THE CITY.
THE LICENSE TYPE IS LINKED TO THE OPERATION OF A BONAFIDE PUBLIC EATING PLACE THAT REQUIRES ALCOHOL IN CONJUNCTION WITH MEALS.
THEIR REQUEST TO ADD BEER AND WINE DOES NOT IMPACT THE PARKING REQUIREMENTS FOR THE RESTAURANT.
THE PARKING RATIO REMAINS THE SAME PARKING FOR THE CENTER HAS BEEN ADDRESSED VIA AN UPDATED PARKING STUDY THAT WAS APPROVED ON APRIL 27TH OF THIS YEAR.
THE PARKING STUDY UTILIZED URBAN LAND INSTITUTE, SHARED PARKING ANALYSIS DATA, AND IT FOUND THAT THE CENTER AT FULL OCCUPANCY COULD ACCOMMODATE THE HIGHEST FORECASTED PARKING DEMANDS ONSITE WITHOUT THE NEED FOR ANY OFFSITE PARKING AREAS.
THE SUBJECT SUITE IS APPROXIMATELY A 1,368 SQUARE FEET IN AREA.
IT INCLUDES A DINING AREA OF APPROXIMATELY 22 SEATS, UH, SERVICE AND PREP AREA, KITCHEN WALK-IN COOLER FREEZER AND SEPARATE MEN'S AND WOMEN'S RESTROOMS. THE SUITE HAS ACCESS TO AN OUTDOOR PATIO AREA LOCATED ALONG THE FRONT END.
UH, IT'S APPROXIMATELY 130 SQUARE FEET.
FEW NOODLE BAR PROVIDES VIETNAMESE DISHES, INCLUDING FI THE RESTAURANT WAS APPROVED TO OPERATE FROM 9:00 AM TO 12, EIGHT TO 12:00 AM, SEVEN DAYS A WEEK.
HOWEVER IT IS OPERATING WITH MODIFIED HOURS WEDNESDAY THROUGH SUNDAY FROM 11:30 AM TO 9:00 PM.
AND IT IS CLOSED MONDAYS AND TUESDAYS THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WILL TAKE PLACE WITHIN THE ENCLOSED SUITE AND WITHIN THESE SECTIONS, YOU'RE AN OUTDOOR SITTING AREA.
SUBJECT CENTER IS LOCATED WITHIN CENSUS TRACT 16.01, WHICH ALLOWS FOR NINE ON SALE LICENSES BEFORE A LEVEL OF UNDUE CONCENTRATION IS REACHED AS DETERMINED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OR ABC.
THE CENSUS TRACK IS UNIQUE AS IT SHARES BOUNDARIES WITHIN THE CITY OF BREDA AND THE CITY OF FULLERTON.
CURRENTLY, THERE ARE A TOTAL OF 14 LICENSES WITHIN THE TRACT.
FOUR OF WHICH ARE IN THE CITY LIMITS AND 10 ARE OUTSIDE OUR CITY LIMITS.
THE REQUESTED CDP WILL MAKE IT THE FIFTH ON LICENSE WITHIN THE CITY LIMITS AND THE 15TH OVERALL WITHIN THE TRACT, BASED ON THE UNDUE CONCENTRATION OF THE TRACT, THE APPLICANT WILL BE REQUIRED TO PROVIDE ABC WITH DATA, TO SUPPORT A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR THE TYPE 41 LICENSE CAN BE ISSUED.
ALL RESTAURANT ACTIVITIES WILL TAKE PLACE WITHIN THE DESCENDING CLOSED BUILDING AND SECURED OUTDOOR PATIO AREA.
UH, THE HOURS OF OPERATION ARE CONSISTENT WITH THE OTHER RESTAURANTS LOCATED WITHIN THE CENTER AND PARKING IS NOT IMPACTED BY THE REQUEST.
THE RESTAURANT OPERATOR WILL REQUIRED TO COMPLY WITH ALL CITY REGULATIONS, INCLUDING STATE LICENSING REQUIREMENTS.
THEREFORE IT IS RECOMMENDED THAT THE PLANNING COMMISSION APPROVE CONDITIONAL USE PERMIT 20 DASH 11.
THIS CONCLUDES MY PRESENTATION AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
THANK YOU VERY MUCH, DAVID, AT THIS TIME, I'LL ASK THE PLANET COMMISSIONERS, IF THEY HAVE ANY QUESTIONS FOR STAFF COMMISSIONER BURNETT.
COMMISSIONER PAUL, NO QUESTIONS, COMMISSIONER MUNOZ.
UH, JUST ONE QUICK QUESTION ON THE OUTDOOR PATIO.
ARE THEY GOING TO BUILD SOMETHING TO SECURE IT? BECAUSE I THINK WHAT'S OUT THERE ALREADY, IF THEY'RE JUST LIKE, LIKE PLANNERS, BUT I DUNNO IF THEY ARE GOING TO BE BUILDING SOMETHING.
UH, PER THE REQUIREMENTS, ABC THAT AT THEIR PATIO HAS TO BE CLOSED.
SO THEY WILL BE, UM, BUILDING A SECURED OTHER AREA THAT IS, UM, FOUND ON ONE OF THE PLANS AS A ATTACHMENT, UM, IN THE REPORT.
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YOU'RE MANLY.WE WILL NOW LOOK AT THE PUBLIC HEARING.
IF ANYONE WISHES TO SPEAK IN FAVOR OF THE PROPOSED PROJECT, PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED AND RONICA AT YOUR CONVENIENCE.
ADVISE IF WE HAVE ANYBODY TO BE HOLDING OR ANY EMAILS TO BE READ.
OKAY, WE DID NOT RECEIVE ANY EMAILS AND I DON'T SEE ANYONE RAISING THEIR HAND WISHING TO ADDRESS THE COMMISSION.
I'M GIVING IT FIVE SECONDS AND IT LOOKS LIKE NO HANDS HAVE BEEN RAISED.
SO NOW I'LL MAKE A CALL ON ANYONE WHO WISHES TO SPEAK IN OPPOSITION TO THE PROPOSED PROJECT.
PLEASE PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED AND LET US KNOW WHEN YOU CAN, VERONICA, YOU DID NOT RECEIVE ANY EMAILS IN A POSITION OF THE PROJECT.
AND I DON'T SEE ANYONE WISHING TO ADDRESS THE COMMISSION AT THIS TIME.
I'M GOING SLOWLY, JUST IN CASE A HAND POPS UP, BUT HEARING NONE, WE WILL NOW CLOSE THE PUBLIC HEARING AND I WILL CALL THE PLANET COMMISSIONERS TO DISCUSS THE PROJECT AND OFFER ANY COMMENTS.
THEY'D LIKE, UH, COMMISSIONER.
BERNAY NO ADDITIONAL QUESTIONS.
THANK YOU, COMMISSIONER PAUL, NO QUESTIONS.
THANK YOU, COMMISSIONER MUNOZ.
UM, JUST OUT OF CURIOSITY, DID THIS COME ABOUT, LIKE AFTER COVID IN THE SENSE OF THEY'RE TRYING TO LIKE GIVE BETTER SERVICES OR WAS THIS ALREADY LIKE IN THE WORKS? I'M JUST OUT OF CURIOSITY FROM MY UNDERSTANDING THEY WANTED TO ADD ALCOHOL SALES TO INCREASE SALES.
UM, SO IT DID COME BEFORE COVID.
AND IF YOU'RE READY, UM, WE WOULD JUST ASK FOR YOUR PERMISSION TO MAKE A MOTION.
AND I HAVE NO COMMENTS TO MAKE EITHER, EXCEPT THAT I WISH THEM LUCK AND YES, PLEASE GO AHEAD.
UH, I WOULD MAKE A MOTION APPROVING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAHABRA APPROVING CONDITIONAL USE PERMIT 20 DASH ONE, ONE FOR AN ON SALE, BEER AND WINE FOR A BONAFIDE PUBLIC EATING PLACE, ABC TYPE 41 LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1456 SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DO I HAVE A SECOND? MAY I MOVE THE SECOND? YES, PLEASE.
JARIS EMOTION HAS BEEN MADE BY VICE VICE-CHAIR MANLEY AND SECONDED BY COMMISSIONER PALETTE.
WILL THE SECRETARY PLEASE CALL ROLL COMMISSIONER, SECRETARY KLARMAN, CALLING ROLL COMMISSION.
IF I DIDN'T HAVE TO PASS THIS SECTION WILL BE COME FINAL IN 10 WORKING DAYS ON THIS APPEAL TO THE CITY COUNCIL.
CARMEN, DO WE HAVE ANY CONSIDERATION ITEMS TONIGHT, ANDREW? NO.
ANY ADDITIONAL COMMENTS FROM STAFF? NO.
AND ARE THERE ANY COMMENTS FROM THE COMMISSIONERS? COMMISSIONER BURNETT, MICHELLE? ANY COMMENTS? NO.
THANK YOU, COMMISSIONER MUNOZ.
UM, I'M READY TO GO TIL 10 O'CLOCK.
I JUST LIKE TO SAY ON A NICE, I'D SAY NICE.
IT IS TO SEE ALL OF YOU AGAIN SO SOON.
THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION, THIS MEETING IS NOW ADJOURNED TO THE NEXT REGULARLY SCHEDULED MEETING ON MONDAY, OCTOBER 12TH, 2020.
AND I WANT TO THANK YOU ALL VERY MUCH AND WISH EVERYONE A GOOD NIGHT.