* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] WE ARE READY TO GO WHEN YOU ARE. [Call to Order] ALL RIGHT. GOOD EVENING. EVERYONE. I'D LIKE TO CALL THIS A REGULAR MEETING OF THE PLANNING COMMISSION TO ORDER FOR AUGUST 9TH, 2022. UM, WE WILL NOW TAKE A MOMENT FOR A SILENT PRAYER OR MEDITATION FOLLOWED BY THE PLEDGE OF ALLEGIANCE, WHICH WILL BE LED BY VICE CHAIR. GUTIERREZ, PLEASE RISE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR RICHEST STANDS ONE NATION UNDER GOD AND VISIBLE IN LIBERTY AND JUSTICE FOR ALL. ALL RIGHT, PAULINE A ROLL CALL PLEASE. AT EVENING PLANNING, COMMISSIONERS, UH, COMMISSIONER HANK, UH, COMMISSIONER WILLIAMS IS ABSENT TODAY. UH, COMMISSIONER VISCERA HERE, VICE CHAIR GUTIERREZ HERE, LEWIS HERE. ALL RIGHT. [1. Regular meeting, Regular meeting, July 12, 2022] TONIGHT WE HAVE MINUTES FROM THE REGULAR PLANNING COMMISSION MEETING THAT WAS HELD ON JULY 12TH, 2022. ANYONE HAVE ANY CHANGES TO THE MINUTES? RIGHT. IF THERE ARE NO CHANGES, THE MINUTES ARE APPROVED AS SUBMITTED, UM, [ORAL COMMUNICATIONS] MOVING ON TO ORAL COMMUNICATIONS. WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA TONIGHT? SEEING NONE WE'LL MOVE FORWARD TO THE CONSENT CALENDAR. THERE'S NO MATTERS ON THE CONSENT CALENDAR TONIGHT. SO I'M GOING TO MOVE ON TO PUBLIC HEARINGS TONIGHT. [2. CONDITIONAL USE PERMIT NO. 22-04] WE HAVE ONE PUBLIC HEARING ON THE AGENDA, UM, PAULINA WHO WILL PRESENT THE STAFF REPORT ON THIS GOOD EVENING, JERRY, YOUR BARREL WILL BE PROVIDING THE PRESENTATION THIS EVENING. ALL RIGHT, GOOD EVENING COMMISSIONERS. THIS IS CONDITIONAL USE PERMIT NUMBER 22 DASH ZERO FOR, UH, FOR A SUPERMARKET TO GIVE A LITTLE BIT OF BACKGROUND. THE SUBJECT SITE IS LOCATED IN A NEW SHOPPING CENTER THAT IS CALLED DIAMOND CITY SHOPPING CENTER. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT TO ALLOW FOR INSTRUCTIONAL TASTING EVENTS. THE LOCATION IS ZONED AS MEDIUM COMMERCIAL. THE LOCATION IS ON THE CORNER OF EAST GARVEY AVENUE, NORTH AND NORTH CITRUS STREET, WHICH IS IN THE DIAMOND CITY SHOPPING CENTER. AND THE SURROUNDING USES ARE SINGLE FAMILY, RESIDENTIAL MULTI-FAMILY RESIDENTIAL SERVICE, COMMERCIAL AND REGIONAL COMMERCIAL. AND THE OVERALL LOT SIZE IS 160,324 SQUARE FEET MOVING FORWARD. THIS IS THEIR SITE PLAN AND THIS IS THE PROPOSED LOCATION. MOVING ON TO THE PROPOSED FLOOR PLAN. ORANGE HIGHLIGHT IS THE ALCOHOL SAMPLING AREA. THIS WILL BE LIMITED TO 500 SQUARE FEET AND WILL BE SECTIONED OFF FROM THE PUBLIC. DURING EVENTS. THE GREEN IS THE ID CHECK LOCATION TASTING EVENTS WILL NOT BE HELD BY THE TYPE 21 ABC LICENSE OF THIS LOCATION, WHICH WAS APPROVED ON NOVEMBER 24TH, 2020, BUT INSTEAD IT WILL BE HELD BY CALIFORNIA LICENSED ALCOHOL MANUFACTURERS AND THE WILL INCLUDE INSTRUCTION ON THE HISTORY, NATURE AND VALUES OF THE ALCOHOLIC BEVERAGES. THE APPLICANT IS APPLYING FOR TYPE 86 INSTRUCTIONAL TYPE TASTING LICENSE, AND THE LICENSE IS MERELY AN ACCESSORY THAT CAN ONLY BE OBTAINED BY APPLICANTS TO HOLDEN OFTEN AN OFF-SALE LICENSE. AS FAR AS STAFF IT'S CONDUCTED BY A QUALIFIED ALCOHOL SUPPLIER. WHEN IT COMES TO CLIENTS, ATTENDEES AT TASTING EVENTS MUST BE 21 YEARS OR OLDER. AND THE TASTING EVENT HOURS ARE LIMITED TO THE HOURS OF 10:00 AM TO 9:00 PM. PLANNING STAFF RECOMMENDS ADOPTING RESOLUTION NUMBER 22 DASH 61 10 APPROVING CONDITIONAL USE PERMIT NUMBER 22 DASH ZERO FOUR. THIS CONCLUDES THE PRESENTATION I'M AVAILABLE FOR ANY QUESTIONS. THE APPLICANT IS ALSO HERE. IF YOU HAVE ANY QUESTIONS FOR THEM, ANYONE HAVE ANY QUESTIONS? I THINK, I THINK IT'S WHOLE FOODS, RIGHT? ISN'T THAT WHAT IT WAS WAS SUPPOSED TO BE OR AMAZON MARKETPLACE OR SOMETHING? IS THIS THE AMAZON, THE PATIENT BEFORE TO GROCERY STORE. AND I DON'T THINK THAT [00:05:01] THEY'VE DISCLOSED THE NAME AT THIS TIME. MAYBE WE'LL LET THE APPLICANT, UH, CONFIRM OR DENY. THANKS VERY MUCH. HI, UH, MY NAME IS STEVEN JAMIESON. I'M A LAWYER AND I REPRESENT HERE THE APPLICANT FOR THIS CONDITIONAL USE PERMIT. UH, MY NAME IS SEAN IS THE APPLICANT. I AM NOT ACTUALLY THE APPLICANT. I'M ACTUALLY THE ATTORNEY FOR THE APPLICANT. UH, UNFORTUNATELY I CAN'T DISCLOSE TO YOU AT THE MOMENT, THE NAME OF THE GROCERY STORE. I BELIEVE THIS APPEARED BEFORE YOU, OH GOSH, PROBABLY A YEAR AGO AT THIS POINT, UH, FOR THE CUP OR THE AUP THAT WAS NECESSARY FOR THE TYPE 21 LICENSE. I CAN TELL YOU THAT I'M VERY KNOWLEDGEABLE ABOUT HOW THE TASTINGS WORK AND THE TYPE 86, WHICH IS WHAT WE'RE HERE FOR TONIGHT. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE FOR THAT. WHEN ARE THEY LOOKING TO OPEN? WE'RE HOPING TO DO IT. UH, AS I UNDERSTAND IT, SOMETIME IN THE NEXT SIX TO EIGHT IS MY UNDERSTANDING. NOW I SEE THAT THE, I SEE THAT THE BUILDING, UH, THE ENVELOPE OF THE BUILDING IS, IS GETTING PREPARED AND THEN OF COURSE COMES TO TENANT IMPROVEMENTS AND THE GROCERIES. AND I APOLOGIZE FOR BEING SO VAGUE ABOUT THAT. UNFORTUNATELY, I'M JUST REQUIRED TO DO THAT. UH, BUT THE GROCERY IS LOOKING TO GET OPEN AND JUST AS SOON AS POSSIBLE, THEY DO HAVE A GROCERY, RIGHT. I ASSUME. OH, SURE. UM, I'M I HEARD MENTION WHETHER IT'S A WHOLE FOODS. I CAN TELL YOU THAT IT'S NOT A WHOLE FOODS, BUT I CAN TELL YOU THAT IT IS SIMILAR IN NATURE TO A WHOLE FOODS TYPE STORE, UH, OR OVENS OR RALPH'S OR ANY MAJOR GROCERY STORE, ALTHOUGH IT DOES HAVE SOME, UH, SOME FACILITIES SENSE OF FILL IT. IT'S THE FACILITIES, UH, THAT WILL PROVIDE SOME TECHNOLOGY THAT'S GOING TO BE DIFFERENT AND MORE UP-TO-DATE THAN ANY OF THOSE STORES. UH, ANY OTHER QUESTIONS FOR THE APPLICANT? ANYTHING ELSE YOU WOULD LIKE TO SAY? UH, NO. AS I SAID, I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE, UH, ABOUT THE T THE TASTINGS LICENSE, A TYPE 86, YOU'VE ALREADY APPROVED THE NECESSARY LAND, USE ENTITLEMENTS FOR THE TYPE 21 AND THE OTHER ENTITLEMENTS THAT ARE NECESSARY. SO THIS IS AN ANCILLARY TO THAT. ALL RIGHT. SEEING NO QUESTIONS. UM, I'M JUST GONNA GO FORWARD AND ASK IF ANYONE WOULD LIKE TO SPEAK IN FAVOR OF THE APPLICATION OH, OKAY. THAT'S THE ONLY ONE. OKAY. AND ALL RIGHT, FAIR ENOUGH. UM, ANYONE, UH, ANYONE HERE TO SPEAK IN OPPOSITION TO THIS? OKAY. SEEING NONE. UM, I'M GOING TO CLOSE THE PUBLIC HEARING AND OPEN THE FLOOR TO COMMISSION DISCUSSION. ANY QUESTION OR DISCUSSION ANYONE WHERE I'D LIKE TO KNOW WHAT HE'S ASKING, WHAT EXACTLY, WHAT PART OF GARVEY IS THIS IT'S NEXT TO THE NISSAN DEALERSHIP. THIS IS WHERE THE FORMER MAZDA DEALERSHIP WAS AND THE PAINT STORE. SO IT'S RIGHT NEXT TO THIS NISSAN. IT'S SOUTH OF THE NISSAN DEALERSHIP. NO, IT'S IN THE MALL. THE CARMEL AUTOMOBILES. NO. NO. SO THEY DEMOLISHED THE FORMER MAZDA SE UM, CONSTRUCTING A NEW SHOPPING CENTER, GARVEY AVENUE, NORTH IT'S ACROSS FROM EASTLAND. THINKING THAT ANY OTHER QUESTIONS OR DISCUSSION? UH, I DO HAVE A QUESTION. I MEAN, WHAT IS A TASTING? YEAH. WHAT A TASTINGS IS, IS IT ALLOWS A WINERY OR A BREWERY OR A DISTILLED SPIRITS MANUFACTURER TO IN AND ALLOW SAMPLINGS VERY TINY SAMPLINGS OF WHAT THEIR PRODUCT IS. SO IF YOU THINK ABOUT ANY GROCERY STORE THAT YOU MIGHT GO TO, AND IT HAS AN ALCOHOL SECTION WHERE YOU CAN BUY ALCOHOL, THAT REQUIRES A TYPE 21 LICENSE, NO CONSUMPTION CAN TAKE PLACE ON THE PREMISES OF A TYPE 21 LICENSEE. SO THE GROCERY STORE ITSELF CAN NOT ALLOW ANY CONSUMPTION. UH, THERE'S NO RESTAURANT. THERE'S NOTHING LIKE THAT. THAT WOULD BE A DIFFERENT TYPE OF LICENSE, BUT A TYPE 86 DOES IS ALLOW PERIODICALLY A VERY SMALL PORTION TO BE SAMPLED. IT CANNOT BE SOLD AND IT'S NOT PROVIDED BY THE TYPE ONE IN LICENSEE. SO THE GROCERY STORE DOES NOT PROVIDE IT. THE GROCERY STORE ALLOWS SPACE TO BE USED WITHIN THERE. THAT THEN GETS CORDONED OFF. AND LET'S SAY, IT'S A DISTILLERY. THEY MIGHT COME IN AND OFFER AN EIGHTH OF AN OUNCE TASTING OR A QUARTER OF ANNOUNCED TASTING. IT CAN ONLY TAKE PLACE IN THE CORDONED OFF AREA. AND NONE OF THAT CAN BE PURCHASED. CAN'T BE SOLD, CAN'T BE PURCHASED. AND IT'S VERY LIMITED IN TERMS OF WHAT CAN BE CONSUMED. DID THEY HAVE SOMEONE THERE AT ALL TIMES WITHIN THAT TIMEFRAME, JUST, AND I'D LIKE TO TRY THIS. I'D LIKE TO TRY THAT. YES. YES. [00:10:01] SO IF YOU THINK ABOUT ANY GROCERY STORE, YOU MIGHT GO TO A COSTCO WHERE YOU HAVE PEOPLE THAT ARE THERE PROVIDING SAMPLES. IT'S SIMILAR TO THAT, EXCEPT THAT THE PEOPLE THAT ARE WITHIN THAT CORDONED OFF AREA ARE NOT EMPLOYEES OF THE GROCERY STORE. THEY CAN'T BE THERE FROM THE ACTUAL THEY'RE FROM THE ACTUAL BREWER OR FROM THE DISTILLERY OR WHATEVER. AND SO THEY'RE IN THERE, HOWEVER, BOTH, AND THEY'RE LICENSED BY THE ABC AS WELL. AND SO THEY'RE OBLIGATED TO MAKE SURE THAT THEY'RE NOT SERVING ANY MINORS OR SERVING OBVIOUSLY INTOXICATED PEOPLE. IN ADDITION TO THAT, THE GROCERY STORE THAT HOLDS A TYPE 21 LICENSE IS OBLIGATED TO MAKE SURE THAT EVERYTHING THAT GOES ON WITHIN THAT CORDONED OFF AREA, BECAUSE IT'S STILL WITHIN THEIR PREMISES, THAT THEY HAVE THE OBLIGATION TO MAKE SURE THAT IT'S DONE SAFELY. SO YOU'VE GOT TWO DIFFERENT LICENSEES THAT, THAT MONITOR AND CONTROL WHAT'S GOING ON, BUT ONLY THE DISTILLERY, THE BREWERY OR THE WINERY IS THE ONE ACTUALLY OFFERING THE SAMPLING. THOSE WHO ARE COMING TO SELL THEIR PRODUCTS ARE BASICALLY THEY'RE TRYING TO PROMOTE THEM. SO THEY WOULD HAVE MAYBE THREE DIFFERENT BOTTLES OF WINE OR SOMETHING LIKE THAT. AND THEY'RE NOT LIKE 10, LIKE HERE'S 10. NO, IT'S NO, IT'S ACTUALLY VERY, VERY LIMITED. AND IT'S BY STATE LAW. IT'S VERY LIMITED. AND I NOTICED IN THE STAFF REPORT, UH, THAT STAFF PROVIDED A LIST OF THOSE REQUIREMENTS ON THAT THERE WAS VERY LIMITED, LIMITED REQUIREMENTS. SO JUST, JUST SO THAT I CAN CLARIFY THIS, THIS ISN'T, THIS ISN'T A JUST PROMOTIONAL HANDOUTS. IT'S, IT'S ACTUALLY CLASSES THAT PEOPLE HAVE TO SIGN UP FOR IN ADVANCE. IS THAT RIGHT? OR NO, NO, NOT NECESSARILY. IT CAN BE THAT. UH, BUT GENERALLY SPEAKING WHAT IT IS IS THAT LET'S SAY, UM, OH, LET'S SAY ROBERT MONDAVI WANTS TO COME IN AND, AND PROVIDE SOME, UH, SOME WINERY INFORMATION. AND SO THEY'LL COME IN, THEY'LL BRING TWO OR THREE TYPES OF WINE THAT THEY HAVE. THEY'LL SET IT UP. THEY'LL ALLOW ENOUGH PEOPLE INTO THE CORDONED OFF AREA SO THAT IT'S NOT OVERCROWDED. IT DOES NOT HAVE TO BE SIGNED UP FOR AN ADVANCE GENERALLY. UM, IF THERE'S A HUGE DEMAND, THEY MIGHT DO THAT, BUT IT'S CERTAINLY NOT REQUIRED. AND THEN PEOPLE CAN COME IN AND THEY'LL POUR, AND THEY'LL TELL THEM ABOUT THE WINE AND TELL THEM HOW IT'S MADE AND WHERE IT COMES FROM AND THAT TYPE OF THING. BUT THEY CAN'T, BUT THEY CAN'T COME IN AND SELL. SO THERE'S NO MONEY TRANSACTED. AND THEY CAN'T WALK OUT WITH A BOTTLE THAT DOING THAT. IF THE GROCERY STORE HAS THE SAME BOTTLE, WHICH PROBABLY HAPPENS, THEY CAN LEAVE THERE AND THEN GO AND THEY CAN DO THEIR GROCERY SHOPPING AND THEY WANT TO GET A BOTTLE OF THE SAME TYPE OF WINE. THEY CAN BUY IT, THEY BUY IT FROM THE GROCERY STORE. IT'S ACTUALLY FUN. SOUNDS FUN. ANY OTHER QUESTIONS OR COMMENTS? UH, I HAVE A QUESTION. SO WE'RE APPROVING THE OPERATION OF THE BUSINESS, OR W W HOLD ON, LOOK AT THIS, UH, ISSUE FOR CONDITIONAL USE PERMITS ARE AUTHORIZED ONSITE AS SOCIAL. SO YOU SEE EVENTS FOR BEER WINES TO STEAL SPIRITS WITHIN THE GROCERY STORE. WE DON'T KNOW WHO THAT GROCERY STORE IS. UNFORTUNATELY, WE CAN'T DISCLOSE THE NAME. UH, THIS WAS THE SAME ISSUE THAT CAME BEFORE YOU, EXCUSE ME, BEFORE THE COMMISSION A YEAR AGO, I THINK IT WAS WHEN THE ISSUE WAS THE TYPE 21 LICENSE AT THAT TIME, THAT WAS ALL APPROVED ALONG WITH EVERYTHING ELSE THAT HAD TO DO WITH THE GROCERY STORE ITSELF. THIS IS JUST ANSULAR HAVING TO DO WITH THE TASTE. THAT WAS PROBABLY A DIFFERENT, DIFFERENT COMMISSION BACK THEN, BUT I WASN'T HERE. IT WAS. SO HOW DOES THIS WORK? WE DON'T KNOW WHO THE STORE IS. THERE IS MAYBE IT COULD BE, IT COULD BE A, AN ORGANIZATION THAT HAS ILL INTENTIONS FOR THE COMMUNITY, OUR SUPPOSED TO VOTE FOR SOMETHING. WE DON'T KNOW WHO THE TENANT IS. WELL, BECAUSE IT'S ACTUALLY THE PROPERTY OWNER THAT HAS THE CONDITIONAL USE PERMIT THAT IS THEN RECORDED AND ENCUMBERS THE LAND. AND IT BECOMES THE PROPERTY OWNER'S RESPONSIBILITY TO MAKE SURE THAT ALL THE CONDITIONS ARE COMPLIED WITH AS WELL AS THE OPERATOR, AS WELL AS ANYBODY WHO UTILIZES THE PROPERTY. AND I REALIZE IT'S, UH, IT'S, IT IS ODD THAT WE'RE NOT ABLE TO DISCLOSE THAT, BUT THERE'S PARTICULAR REASONS FOR THAT. SO I CAN TELL YOU IT'S A MAJOR GROCERY OPERATOR. I CAN TELL YOU IT'S A VERY WELL-RUN, UM, RETAIL, UH, OPERATOR THAT HAS AN EXCELLENT REPUTATION. SO WE APPROVED, THERE ARE ALREADY LAST YEAR FOR THIS SPECIFIC CLIENT. WE DID, WE KNOW WHO THEY WERE BEFORE YOU DID NOT. AND IT WAS ACTUALLY THE PROPERTY OWNER AND THE BUILDER DEVELOPER THAT CAME IN AND DID THAT BECAUSE AS YOU KNOW, CONDITIONAL USE PERMITS, RUN WITH THE LAND AND SO THEY CAN COVER THE LAND. AND SO THE PROPERTY OWNER, AND REALLY ANYBODY WHO'S INVOLVED WITH THAT CAN APPLY FOR, AND LEGALLY CAN OBTAIN A CONDITIONAL USE PERMIT, BUT THEN ENCUMBERS LAND. SO LIKE FOR INSTANCE, IF A, IF A GROCERY STORE CAME IN AND THIS IS FOR ANYTHING, UM, CAME IN AND GETS A CONDITIONAL USE PERMIT THAT CONDITIONAL USE PERMIT RUNS WITH THE LAND, STAYS WITH THE LAND. UH, IF, IF IT'S RALPH'S AND RALPH'S LEAVES AND VONS COME IN, COMES IN, OR SPROUTS COMES IN, OR WHOLE FOODS COMES IN, THEY ALL HAVE THE SAME CONDITIONS, NO MATTER WHO IT IS, BECAUSE THE ACTUAL OPERATOR IS ACTUALLY REGULATED BY THE STATE [00:15:01] ABC. YEAH. BUT RARELY DOES A CITY AUTHORIZE A, A CONDITIONAL USE PERMIT WITHOUT KNOWING WHO THE ACTUAL OPERATORS GOING TO BE UP ALL THE TIME, PROBABLY TRY TO MARKET IT. UM, I GUESS MY, MY QUESTION IS WHO ELSE HAS A WINE TASTING? OH, WONDERFUL. YOU SHOULD ASK. I WAS JUST GOING TO MENTION IT CURRENTLY IN WEST COVINA. UM, IT'S NOT A GROCERY STORE, IT'S A RETAIL STORE, BUT BEVMO DOES HAVE THE INSTRUCTIONAL TASTING. AND SO THIS WOULD BE VERY SIMILAR SETUP WHERE IT'S A SPACE WITHIN THE EXISTING STORE. UM, AND YOU KNOW, IT'S NOT THE ENTIRE DAY, IT'S LIMITED TIMES, AND IT IS FOR PROMOTIONAL EVENTS FOR BREWERS, UM, DISTILLERIES OR, UM, WINERIES. YEAH, I CAN, I CAN ALSO TELL YOU, I REPRESENT, UH, WHOLE FOODS. I REPRESENT SPROUTS. I REPRESENT BEVMO, UH, AND THEY ALL OPERATE EXACTLY THE SAME WITH THESE TASTINGS LICENSE. SO I'M FAMILIAR WITH ALL OF THEM THAT I CAN, I CAN TELL YOU ANYTHING YOU'D LIKE TO KNOW ABOUT HOW THEY WORK IS THE SPROUT OVER HERE HAS ONE. NO, THE ONLY PLACE THAT HAS IT RIGHT NOW IN WEST COVINA IS BEVMO THAT IT IS BECOMING, I THINK, A TREND IN GROCERY STORES. I DON'T KNOW IF YOU GUYS IT'S A LITTLE BIT DIFFERENT CONCEPT, BUT, UM, EATALY IN CENTURY CITY WHERE YOU CAN ACTUALLY GO SHOPPING WITH A GLASS OF WINE. IT'S A WHOLE NEW CONCEPT. THAT'S ACTUALLY, YEAH, ACTUALLY EATALY IS AN INTERESTING CONCEPT BECAUSE IT, BECAUSE IT HAS SO MANY DIFFERENT USES IN THERE AS PART OF THEIR GROCERY OPERATION, THEY'VE ACTUALLY WORKED AT IT. I DID NOT WORK ON THAT, BUT THEY'VE ACTUALLY WORKED IT OUT SO THAT YOU CAN ACTUALLY GET YOUR GLASS OF WINE AND WALK AROUND AND DO YOUR SHOPPING, YOUR GROCERY IT'S IN CENTURY CITY. IT'S GREAT. YEAH. IT'S ACTUALLY REALLY, REALLY NICE. IF YOU HAVEN'T GONE, I WOULD RECOMMEND CHECKING IT OUT. THEY PROBABLY HAVE VERY GOOD SALES THERE. THEY HAVE EXCELLENT SALES THERE. UM, THEY'RE ACTUALLY VERY EXPENSIVE AND THEY HAVE A ROOFTOP DECK WITH A RESTAURANT AND SO FORTH, BUT THAT'S NOT THE NORM. IT'S INTERESTING THAT THEY GOT THAT DONE BECAUSE IF YOU TALK TO THE ABC, THE ABC WOULD SAY, NO, YOU'VE GOT TO KEEP IT SEPARATED. UM, AND SO THAT'S WHAT WE NORMALLY DEAL WITH, BUT EATALY DOES HAVE THAT ABILITY, WHICH ACTUALLY IS, I THINK, KIND OF COOL AT THE END OF PROJECT, THIS PROJECT WAS APPROVED BACK ON, UH, OCTOBER OF 2020 OR SOMETHING. YEAH, I THINK NOVEMBER. OKAY. I SEE THE PACKET. AS LONG AS IT MEETS ALL ABC REQUIREMENTS. I DON'T SEE ANY PROBLEM WITH IT. AND ALSO SO THAT, YOU KNOW, WHAT WILL HAPPEN IS AS THE STORE GETS READY TO OPEN, THERE'LL BE AN APPLICATION MADE TO THE ABC FOR THE TYPE 86, THE ABC THEN VETS, THE LOCATION DOES VET THE ACTUAL OPERATOR BECAUSE THE OPERATOR HOLDS THE ABC LICENSE. BUT THE PROPERTY OWNER GETS GENERALLY GETS AND MAKE SURE THAT THEY GET BECAUSE OF THE PROPERTY IS ENCUMBERED BY THE CUP. SO THE CPS FOR THE PROPERTY, THAT'S WHAT THE LOCAL GOVERNMENT GETS TO DO. AND THEN THE STATE ABC ACTUALLY REGULATES THE ALCOHOL OF IT. AND SO THAT'S THE TYPE 86 IT'LL GET POSTED. YOU'LL GET NO, THE CITY GETS NOTICE OF IT. LAW ENFORCEMENT GETS NOTICED OF IT, FIVE, ANYBODY LIVING WITHIN, OR HAS A PLACE WITHIN 500 FEET OF A LOCATION, GETS A NOTICE. AND THEN IT GOES THROUGH THAT WHOLE VETTING PROCESS AND THEY INVESTIGATE. AND AS I'M SURE, YOU KNOW, THEY'RE, THEY'RE ALL SWORN LAW ENFORCEMENT OFFICERS OTHER INVOLVED IN THAT. AND THEN THEY ALSO HAVE LICENSING REPS AND SO FORTH. SO THAT'S WHAT THEY DO, I GUESS IN ANOTHER WORD, IS THAT IN A NUTSHELL, THE PROPERTY OWNER IS TRYING TO GET ENTITLEMENT AND TRY TO MARKET THAT SHOPPING CENTER FOR A GROCERY STORE IF THEY DON'T HAVE ANYONE YET. SO THE BOTTOM LINE IS THEY'RE TRYING TO GET ALL THE, AND IF I I'LL CHIME IN, IT'S ACTUALLY WHAT THE GENTLEMAN HAS SAID IS IT'S NOT THE INDIVIDUAL, UM, USERS, BUT THIS IS THE PROPERTY OWNER. SO THE PROPERTY OWNER WILL BE THE ONE WHO'S LOOKING FOR THE CONDITIONAL USE PERMIT, AND IT WILL RUN WITH THE LAND. SO THE PROPERTY OWNER CAN CHANGE. THE TENANT CAN CHANGE, BUT THE CONDITIONAL USE PERMIT WILL ALWAYS BE THERE. SO WHAT YOU'RE LOOKING AT IS OUR, IF THIS USE THAT REQUIRES A CONDITION USE PERMIT IS ACCEPTABLE AT THIS LOCATION. AND SO THAT'S WHAT YOU'RE LOOKING AT REALLY IS, IS IT DOESN'T MEET THE FINDINGS TO GRANT THE OWNER OF THE PROPERTY, TO BETTER MARKET THEIR PROPERTY FOR HIGH GOALS, RIGHT? BECAUSE HE, THEY MAY HAVE HAD, LET'S SAY THE GROCERY STORE, BUT MAYBE THEY DIDN'T HAVE THE QUOTE TENANT. AND THIS MAY BE A WAY TO ENTICE A CERTAIN TENANT. THEY'RE TRYING TO GET AS THE PROPERTY OWNER, TRYING TO PULL A CERTAIN, UH, CLASS OF TENANTS THAT THEY'RE LOOKING FOR A MAJOR ANCHOR. SO THAT'S WHAT YOU'RE LOOKING TO DO IS APPROVE FOR THE PROPERTY, WHETHER OR NOT THIS CONDITIONAL USE PERMIT, BECAUSE AS HE SAID, GETTING THE LICENSE IS GOING TO BE SUBJECT TO AN, IN A DIFFERENT SITUATION WHERE HE HAS, THEY HAVE TO GO THROUGH ABC AND IT'D BE A DIFFERENT INDIVIDUAL WHO MAY BE GETTING THAT OR, OR COMPANY THAT MAY BE GETTING THAT KIND OF LIKE WITH THE, IF YOU HAD TO HAVE A RESTAURANT AND THEY HAD TO GET THEIR ABC LICENSE, YOU MAY HAVE TO HAVE A CONDITIONAL USE PERMIT, WHICH YOU USUALLY DON'T FOR A RESTAURANT, BUT IF YOU DID, THE PROPERTY OWNER WOULD USUALLY HAVE THAT, THAT ASPECT OF IT. OKAY. SO SINCE THIS [00:20:01] IS ONE OF THE VERY FIRST ONE IN THE GROCERY STORE, PER SE, CAN OTHER GROCERY STORES IN EXISTING CAUTIOUS OR APPLY FOR THIS TYPE OF TASTING LICENSES? YES, THEY CAN. ALL OF THEM CAN HAVE IT BASICALLY. UH, ONCE AGAIN, I THINK IT WOULD, THEY COULD GET APPROVAL. THEY WOULD HAVE TO GO THROUGH THE APPROVAL PROCESS HERE THROUGH THE CITY. AND AT THE END OF THE DAY, THEY'D STILL HAVE TO GO THROUGH ABC TO GET THAT INSTRUCTIONAL TASTING AND THEY CAN ONLY GET, THEY CAN ONLY GET AN INSTRUCTIONAL TASTING IF THEY ALSO HAVE A TYPE 20 OR TYPE 21 LICENSE. SO THEY CAN'T HAVE AN INSTRUCTIONAL TASTING TO COME IN AND PROVIDE THE SERVICE. IF THEY DON'T ALSO HAVE A 21 OR A 20 AND A 20 SIMPLY AS BEER AND WINE, 21 IS BEER, WINE DISTILLED. SO THEY HAVE TO HAVE THAT AS WELL AS THIS, THIS IS ANCILLARY TO THAT. SO WHO'S GONNA HOLD THE L THE LICK, THE, THE WINE, THE WINE, OR THE LIQUOR LICENSE, ABC LICENSES APPLIED FOR BY THE APPLICANT. SO THE OPERATOR THAT'S GOING TO BE OPERATING THAT BUSINESS. SO IT'D BE THE GROCERY STORE, NOT THE LANDLORD. SO THEN THE RURAL STREET STORE WILL BE APPLYING FOR THE ABC LICENSE. YES. ARE WE GONNA KNOW WHO THAT IS? NOT YET. NOT YET. UNFORTUNATELY, GROCERY STORE WILL APPLY TO THE ABC FOR THE ABC LICENSE, THE 21 AND ALSO THE 86. THAT'S THE TASTINGS. AND IF IT, AND IF IT INTERESTS YOU AT ALL, I CAN JUST TELL YOU THAT THE HISTORY OF THE 86 IS IT'S FAIRLY RECENT AND ONLY CAME OUT ABOUT MAYBE EIGHT OR 10 YEARS AGO. AND SO NOT A LOT OF CITIES ARE EVEN FAMILIAR WITH THE 86, MOST CITIES. AND I DO THIS ALL UP AND DOWN CALIFORNIA AND IN OTHER STATES AS WELL, BUT FOR CALIFORNIA, MOST CITIES AREN'T AWARE OF AN 86 YET BECAUSE THEY HAVEN'T HAD TO DEAL WITH IT. AND MOST CITIES DON'T HAVE ANYTHING IN THEIR CODE THAT EVEN REQUIRES A CONDITIONAL USE PERMIT. THE CITY OF LOS ANGELES DOESN'T HAVE IT FOR THAT. UM, AND SO YOUR CITY DOES HAVE THIS, IT'S CLEAR THAT IT'S REQUIRING THIS CONDITIONAL USE PERMIT. AND SO THAT'S HOW THE, THE CITY HAS BEEN ABLE TO GET AHEAD OF IT, BUT MOST AREN'T. AND SO WE GOT TO SEE YUPPIE. THEN WE APPLIED TO THE ABC FOR 21 AND AN 86, THE 21 ALLOWS THE GROCERY STORE TO HAVE THE ALCOHOL AND TO BE ABLE TO SELL. AND THE 86 ALLOWS OTHER PEOPLE TO COME IN AND PROVIDE THE SAMPLING, AS I SAID, BUT BEFORE THE 86 CAME OUT, YOU MIGHT'VE SEEN BEVMO USED TO HAVE IT. OTHER PLACES HAD IT THEY'D ACTUALLY GET WHAT WAS KIND OF A RESTAURANT LICENSE. AND THE, IN THAT CASE, A GROCERY STORE OR BEVMO WOULD ACTUALLY SELL THE PRODUCT. THEY COULD ALLOW TASTINGS BECAUSE YOU CAN DO THAT WHEN ALL WITHIN WHAT'S CALLED AN ON SALE LICENSE, BUT THE 86 WAS BROUGHT INTO, UH, TO ALLOW IT SO THAT YOU DIDN'T HAVE TO NOW GET AN ON SALE LICENSE AND ACT LIKE YOU'RE A RESTAURANT AND DO THAT. AND THE 86 ALLOWS FOR JUST PERIODIC TASTINGS. SO IT'S NOT CONSTANT. IT'S NOT EVERY DAY. UM, IT'S GENERALLY, GENERALLY, I'D SAY, I DON'T KNOW HOW THIS BEVMO DOES IT HERE, BUT I KNOW THAT BEVMO GENERALLY DOES IT ONCE A WEEK, ONCE EVERY TWO OR THREE WEEKS FOR AN HOUR OR TWO GEMS. SO ONCE THEY HAVE A TYPE 21 OUT, HOW HARD IS IT OR EASY IS THAT TO GET THE TRANSITION TO THAT TYPE 86? AND THEN ARE THERE ANY PROVISIONS OR ROLES THAT, THAT COME WITH THAT ATC ONCE THE 21 IS GENERALLY THE DIFFICULT ONE TO GET, OR RELATIVELY MORE DIFFICULT ONE TO GET BECAUSE THE 21 ALLOWS FOR THE BEER WINE DISTILLED SPIRITS TO BE SOLD IN GENERALLY NOT IN GROCERY STORES, GENERALLY IN GROCERY STORES ARE NOT GENERALLY AN ISSUE, BUT FOR CONVENIENCE STORES, THE SEVEN ELEVEN'S, THE CIRCLE KS, UM, ANY OTHER KIND OF CONVENIENCE STORE THAT'S MAY BE 1500 SQUARE FEET, 2000. UM, I'M SURE YOU PROBABLY HAVE HEARD. AND LAW ENFORCEMENT GENERALLY HAS JUST IN GENERAL, UH, SOME CONCERNS ABOUT THAT BECAUSE IT, THEY ALWAYS ARE CONCERNED THAT MAYBE IT ATTRACTS VAGRANTS AND HOMELESS AND ENCAMPMENTS AND THINGS LIKE THAT, OR KIDS FROM SCHOOL THAT'S NO, I DON'T WANT TO SAY NEVER. IT'S PROBABLY A SOMEPLACE, BUT 99% OF THE TIME, THAT'S NOT AN ISSUE FOR A FULL-SIZE GROCERY STORE. SO, AND THIS IS A FULL-SIZED GROCERY STORE. SO TO GET A 21, IT'S JUST CONSIDERED TO BE NORMAL OPERATION FOR A GROCERY STORE. AND IF YOU THINK ABOUT ANY GROCERY YOU'VE BEEN TO, THEY'RE GOING TO HAVE EITHER A TYPE 21 OR A TYPE 20, I'M SORRY. I CAN NEITHER CONFIRM NOR DENY NO, THE TENANT IS YET, RIGHT. THAT THEY'RE GOING TO PUT THERE, OR DO YOU ALREADY, WE DON'T HAVE TO TELL US TO DO THEY ALREADY KNOW WHO THE TENANT'S GOING TO BE. I CAN EITHER CONFIRM NOR DENY. AND I KNOW THAT'S AN OPTION. WE CAN, WE WILL DEFINITELY UPDATE, UH, CITY COUNCIL AND OUR PLANNING COMMISSIONERS TO, AND WHEN WE, AND WHEN WE CAN, I CAN TELL YOU THAT HAVING TO DEAL WITH THAT IN OTHER CITIES ACTUALLY CAN BE KIND OF INTERESTING AND FUNNY BECAUSE I GENERALLY GET QUESTIONS LIKE THAT, OR [00:25:01] I SAY, OR THEY'LL HEAR THAT. WELL, THERE ARE CERTAIN NUMBER OF TRUCKS WITH A CERTAIN NAME AND THEY'RE IN THE PARKING LOT, AND I CAN NEITHER CONFIRM NOR DENY. SO I'M NOT, NOT TRYING TO BE CUTE ABOUT IT, JUST WHERE WE'VE GOT A NON-DISCLOSURE AGREEMENT AND JUST WHAT WE HAVE TO DO. I CAN, I CAN AT LEAST, UH, POSIT THAT. I HOPE THAT YOU'LL BE PLEASED. I THINK THAT YOU WILL BE PLEASED, UH, KNOWING WHAT I KNOW ABOUT HOW THE STORE OPERATES. YOU DON'T KNOW ME FROM ADAM, SO YOU CAN LEAVE ME OR NOT. I THINK YOU'LL BE PLEASED WITH, WITH WHAT GETS BUILT AND WHO'S THERE AND HOW IT OPERATES. THERE ARE SOME STORES OPEN NOW THAT ARE WHERE THE COMMUNITIES ARE VERY EXCITED ABOUT WHAT'S GOING ON. BUT AGAIN, YOU DON'T KNOW ME, BUT I'M GOING TO TELL YOU THAT'S, THAT'S WHAT I SEE. SO I DON'T KNOW WHO THAT WOULD BE. IT'S CHANGED OWNERSHIP. I DON'T KNOW THE NAME OF, DO YOU KNOW THE NAME IS ? UM, I DON'T KNOW THE NAME OF THE PROPERTY OWNER TO KNOW OFF THE TOP OF MY HEAD. IT, I BELIEVE IT'S THE SAME OWNERSHIP JUST THEY'VE CHANGED, UM, AND TO ENTITIES ON THE PROPERTY, BUT THAT'S MY UNDERSTANDING. ANY OTHER QUESTIONS, ANY QUESTIONS FOR STAFF? I'LL OPEN IT UP FOR DISCUSSION ANYONE OR EMOTION, EMOTION THAT WE GO TO A TASTING BEFORE EVERY PLANNING COMMISSION MEETING. AND THAT'S WHERE WE'VE HAD COMMUNITY OPPOSITE, NOT FOR THIS COMPANY, NOT FOR THIS TYPE OF OPERATION, BUT OTHER THINGS I DO UPON THAT WE ACTUALLY BROUGHT IN SAMPLES AND PROVIDED IT AND MADE IT. I DO HAVE A QUESTION FOR STAFF. DO WE HAVE ANY, ANYTHING SPECIFIC IN, UM, IN THIS THAT COVERS, UH, WHETHER OR NOT THE OPERATOR IS REQUIRED TO ASK FOR IDENTIFICATION OF EVERY PERSON WHO TASTES OR IS IT JUST, UH, WHAT IS IT, AGE 35 OR SOMETHING LIKE THAT, THAT THEY, THAT THEY CAN WAIVE IDENTIFICATION. I'M JUST TRYING TO, SO JOHN CAN MAYBE EXPLAIN IT BETTER, BUT IT DEFAULTS TO THE ABC RULES. SO, UM, WHICH DO WE HAVE TO DEFAULT TO THE ABC RULES? YES. YES. SO WE CANNOT IMPOSE ADDITIONAL REQUIREMENTS AND, AND I'LL INTERJECT NOT WHEN IT COMES TO THE ABC LICENSE ITSELF, BECAUSE THAT IS COMPLETELY CONTROLLED BY ABC. IF THERE WERE IN CONNECTION WITH THE CONDITIONAL USE PERMIT FOR SOMETHING ELSE, RIGHT? YEAH. SO IF YOU HAVE CONDITIONS OF USE, YOU WANT TO ADD TO IT, YOU COULD, IF THEY RELATE TO THE USE, BUT NOT AS OPPOSED TO THE LICENSE ITSELF AND YOU CAN'T BE MORE RESTRICTIVE WHEN IT COMES TO THE ABC, BECAUSE THEY'RE ACTUALLY PRETTY RESTRICTIVE AND TRUST. THEY DON'T, IF SOMEBODY GETS A LICENSE, IF THEY DON'T FOLLOW THEIR SUBJECT TO GETTING IT YANKED, AND NOW THEY'RE ONE OR THEIR COMPONENTS ARE THEIR BUSINESSES GONE. SO THEY'RE, THEY'RE PRETTY STRICT WHEN IT COMES TO. SO WE CAN'T, WE CAN'T HAVE ANY SPECIFIC REQUIREMENTS THAT SAY, UM, AS A CONDITION OF GETTING THIS CONDITIONAL USE PERMIT, YOU HAVE TO HAVE SOMEONE CHECK EVERY ID OF, OF, OF SOMEONE WHO RECEIVES A SAMPLE. THEY ALREADY HAVE TO DO THAT. OKAY. ALL RIGHT. YEAH. TH THAT'S ALREADY, THAT'S ALREADY REQUIRED. THEY WOULDN'T BE ABLE TO ALLOW ANYBODY IN THERE. THAT'S WHY THEY'RE GOING TO CHECK THE IDS AND WHATEVER THE ABC RULE IS AS TO, IF SOMEBODY LOOKS LIKE THEY'RE UNDER 30 OR 35, YOU, YOU CARD THEM. THEY'RE ALREADY, THEY ALREADY HAVE TO FOLLOW THAT. RIGHT. I, I UNDERSTAND WHAT YOU'RE SAYING. WHAT I'M SAYING IS NOT WITHSTANDING THE, THE AGE CUTOFF THAT ABC HAS. IF WE SAID WE WANTED TO HAVE HYPOTHETICALLY ANYONE WHO, WHO ARE TAKES IN A TASTE OR A TASTING EVENT, CAN WE, CAN WE MAKE THAT A REQUIREMENT? I THINK THAT AGAIN IS MORE RESTRICTIVE THAN WHAT, UM, ABC. SO YOU HAVE TO, WELL, THERE'S NO LAWS SAYING THAT HE COMES SO THEREFORE HE CAN MAKE THE CONDITION AND THEN THE CITY, OR TAKE IT OFF AT THAT TIME, OR NO, YOU CANNOT BE MORE, YOU CANNOT OVERRULE WHAT THE REQUIREMENTS ARE OF OUR STATE ORGANIZATION AND THE STATE REQUIREMENTS AND LAW. SO WHAT YOU WOULD BE DOING IS MAKING IT MORE RESTRICTIVE, UNLESS THEY'VE SPECIFICALLY GIVEN YOU THE AUTHORITY TO DO THAT, YOU DON'T GET TO DO THAT. IF I READ YOUR RECOMMENDATION RECOMMENDATION, THAT I CERTAINLY AREA [00:30:01] AS A CONDITION OF USE, BECAUSE THERE'S AN MB ALCOHOL SERVING THAT A CERTAIN AREA SHALL BE DESIGNATED. AND THAT INDIVIDUALS WHO GO IN THAT DESIGNATED AREA SHOULD BE ID THAT'S CONSIDERED A CONDITION OF USE. BUT I THINK THAT'S ALREADY PART OF THE ABC LICENSE REQUIREMENTS, SOMETHING THAT SHOWS THEM EXACTLY. YOU GO INTO A BAR, THEY ARE REQUIRED TO CHECK YOUR ID AND THEY HAVE TO CHECK, UH, SOMETIMES IN THE DAYTIME RESTAURANTS, OUR RESTAURANTS AT NIGHT TEND TO BECOME A NIGHTCLUB AND SO FORTH. SO AT THAT TIME THAT SIT, THEIR CITY WILL MAKE A CONDITION OF A USE FOR A PART OF THAT PART OF THEIR PERMIT PROCESS, A CONDITION OF USE TO ADD SOMETHING, TO ENSURING THE QUALITY OF LIFE FOR THE RESIDENTS OF THE LOCAL CITY. SO THIS IS HOW TO, I DON'T THINK A GERMAN SAYING THAT HE'S GONNA, HE'S NOT RECOMMENDING THAT WE OVERRIDE STATE LAW OR HE'S RECOMMENDING DAY. IF HE COULD ADD AN ADDITIONAL CONDITIONAL USE TO THE THING, WHICH I BELIEVE IT'S LEGAL, YOU KNOW, SHE COUNT. I CAN ALSO SEE THAT. I'M SORRY. I CAN ALSO SEE THAT THAT MIGHT BE A PROBLEM BECAUSE IF I'M SHOPPING AT A GROCERY STORE AND I HAVE A FIVE YEARS OLD AND LIKE TO YANK HIM ALONG WITH ME WHILE I'M TASTING, WHATEVER IS OFFERED, BUT THAT'S HYPOTHETICAL. I CAN'T JUST LEAVE HIM OUT THERE. THAT'S A GOOD QUESTION. SO WE'RE LITTLE KIDS BE ALLOWING THE LIGHT TESTING TASTING AREA. NO, THEY'RE NOT ALLOWED THERE. YOU HAVE TO BE IS YOUR QUESTION. I HAVE TO BE OF AGE, BUT IF I, BUT IF I MAY ADDRESS THAT, BECAUSE IT'S ACTUALLY A REALLY IMPORTANT PART, UH, THE WAY THAT THE LOSS, IF I'M, IS THERE A CITY ATTORNEY HERE? OH, YOU, I'M SORRY. I'M SORRY. I JUST DIDN'T WANT TO GET IN YOUR WAY. SO, UM, BUT I, I DO THIS ALL THE TIME. OKAY. AND, AND THERE'S A, UH, ARTICLE 20 SECTION 22 OF THE CALIFORNIA CONSTITUTION SAYS THAT THE ONLY, THAT THE ONLY ENTITY THAT CAN REGULATE THE SALE OF ALCOHOL IS THE STATE LEVEL. AND IT'S THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. SO ANYTHING HAVING TO DO WITH THE SALE, WITH THE SALE AND CONSUMPTION AND SERVICE OF ALCOHOL, THE ONLY ENTITY THAT GETS TO DO THAT IS THE ABC. THE ABC OPERATES PURSUANT TO STATUTES THAT ARE PASSED BY THAT CONSTITUTIONAL PROVISION. AND THEN REGULATIONS THAT THE ABC IMPLEMENTS THIS PARTICULAR TYPE 86 LICENSE IS SUBJECT TO TWO DIFFERENT SECTIONS OF THE STATE CODE, THOSE SECTIONS OF THE STATE CODE, WHICH I'M HAPPY TO PROVIDE. AND I THINK WE ACTUALLY MAY HAVE DONE THAT WITH STAFF ALREADY HAS VERY SPECIFIC LIMITATIONS. AND COMMISSIONER BASERRA HAD ASKED ABOUT CONDITIONS HERE. SO IF YOU TAKE A LOOK AT PAGE FOUR OF YOUR RESOLUTION AND YOU LOOK AT PARAGRAPH FIVE, AND I THINK IT'S A, THROUGH A, THROUGH I ABC D E F G H I, THOSE ARE VERY SPECIFIC LIMITATIONS ON WHAT CAN OCCUR IN THE TASTINGS AREA. AND THE ONLY REASON THAT IT'S POSSIBLE TO ACTUALLY PUT THIS IN THE CONDITIONAL USE PERMIT, BECAUSE IT DOES REGULATE THE SALE OF ALCOHOL. SO TECHNICALLY IT WOULD BE UNCONSTITUTIONAL TO DO THAT. BUT THE ONLY REASON THAT IT'S POSSIBLE HERE IS BECAUSE IT EXACTLY IT DIDN'T CHECK THE WORDS, BUT I'M ASSUMING IT'S CORRECT. IT EXACTLY MIMICS THE TWO CODE SECTIONS THAT IMPOSE THOSE LIMITATIONS, BUT THOSE LIMITATIONS COME FROM STATE LAW. AND SO REALLY IT'S JUST RESTATING IT HERE, BUT IT'S NO DIFFERENT THAN STATE LAW, IF IT WERE DIFFERENT THAN STATE LAW. AND IT, AS THE CITY ATTORNEY SAID, IF IT'S MORE RESTRICTIVE, THAT WOULD BE SOMETHING THAT WOULD BE ILLEGAL FOR THE COMMISSION TO PUT UP THE STARS MAP. OH, IT'S A MAXIMUM OF EIGHT OUNCES PER DAY. OKAY. WHERE'S THE WINE TASTING GOING TO BE ON THERE, ORANGE AREA. AND THEN THE GREEN AREA, I BELIEVE WE'RE GOING TO BE DOING THE, UH, THEIR FIGHTING AGE. WE'RE CHECKING ID. AND IT'S AT AN ACTUALLY, IF I MAY, YOU'LL NOTICE THAT THAT'S THAT GREEN AREA AS AN ENTRANCE, AND IT HAS AN EXIT. AND GENERALLY IN GROCERY STORES, YOU DON'T, YOU SAID THAT'S THE GREEN AREA. YOU SAID THE GREEN AREA, THE GREEN AREAS ARE GOING TO, THEY'RE GOING TO BE CHECKING ID. AND THEN THE ORANGE AREA IS THE ACTUAL TASTING AREA OR TASTING INSTRUCTIONAL AREA SORT OF SEPARATED FROM THE REST OF THE STORE, OR IT WILL BE SECTIONED OFF. SO IT'S NOT GOING TO BE, YOU CAN MEANDER IN AND MEANDER OUT. YOU'RE GOING TO HAVE TO GO THROUGH THE ENTRY POINT AND EXIT THROUGH. OKAY. YEAH. SO THAT SOLVES THEM. IT SEEMS VERY SIMILAR TO HOW THEY DO IT AT LIKE TOTAL LINE OF LIKE A SEPARATE CLASSROOM KIND OF AREA. YEAH. I TOTAL WINE. AND THEN WHEN THERE ARE NO TASTINGS TAKING PLACE, [00:35:01] THAT AREA BECOMES PART OF THE RETAIL AND PEOPLE WALK THROUGH AND UNDERSTOOD. OKAY. BUT IF I MAY JUST SO THAT IT GIVES YOU SOME COMFORT. I, IT, THE WAY IT'S SET UP IS ACTUALLY FAIRLY UNIQUE BECAUSE IT'S GOT AN ENTRANCE AND IT'S GOT AN EXIT. I THINK THE ENTRANCE IS AT THE BOTTOM. RIGHT. THAT'S WHERE THE ID GETS CHECKED. THEN THE PEOPLE THAT ARE ALLOWED TO GO IN HAVE ID THEY'VE BEEN CHECKED AND THEN THEY COME OUT THE OTHER SIDE AND THEN THEY'RE MONITORED. ABSOLUTELY. SO THEY GET CHECKED THERE. AND THEN WHEN THEY GO TO CHECK HYPER DEREK ONLY, I COULD SAY, AS A CONDITIONAL USE, AS A CONDITION OF USE THAT THEY SHOULD HAVE A SIX FEET GATE IN THERE. SOMETHING, IT SOUNDS STUPID, BUT THAT'S SOMETHING THAT THE COMMISSION HAS AUTHORITY TO RECOMMEND. BUT YEAH, JUST TO PROVE THE POINT. THANK YOU. THAT'S ALL MY QUESTIONS. ANY OTHER QUESTIONS? ANYONE QUESTIONS, DISCUSSION OR MOTION? I'D LIKE TO MOTION TO APPROVE CONDITIONAL USE PERMIT NUMBER 22 DASH ZERO FOUR. I'LL SECOND. OKAY. MOTION BY COMMISSIONER OF SARAH. SECOND BY VICE-CHAIR GUTIERREZ. CAN I HAVE ROLL CALL? YES. UM, GOOD EVENING. SO A MOTION TO APPROVE RESOLUTION NUMBER 22 DASH 6 1 1 0. UH, COMMISSIONER HAYNE. I, UH, COMMISSIONER, SORRY. COMMISSIONER SARAH. AYE. VICE CHAIR. GUTIERREZ CHAIR LEWIS, MOTION PASSES. AND I HAVE ONE MORE QUESTION FOR YOU. HOW MANY JOBS WILL THIS BE CREATING? DO YOU KNOW? I DON'T. I CAN TELL YOU THAT. GENERALLY SPEAKING, WE NEED TO GET SOMEWHERE. OKAY, GREAT. YEAH. GREAT. THANK YOU. ALL RIGHT. ALL RIGHT. THIS ACTION IS FINAL UNLESS APPEALED TO THE CITY COUNCIL WITHIN 10 DAYS. UH, MOVING ON, WE HAVE NO NON-HEARING ITEMS. UH, LET'S [COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS] MOVE ON TO COMMISSIONER REPORTS, UH, COMMENTS AND MISCELLANEOUS ITEMS. DOES ANYONE ON THE COMMISSION HAVE ANYTHING TO REPORT OR COMMENT ON SEEING NONE? I'M GOING TO MOVE ON TO [3. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT] THE COMMUNITY DEVELOPMENT DIRECTOR'S REPORT PAULINA. DO YOU HAVE ANY ITEMS TO REPORT TO THE COMMISSION? GOOD EVENING. THERE'S A COUPLE ITEMS I WANTED TO SHARE WITH, UH, OUR COMMISSIONERS. UM, WE HAVE OUR LAST SUMMER CONCERT OF THE YEAR. TOMORROW. IT IS COLD DUCK. THEY GOT RESCHEDULED AS THEY WERE GOING TO BE STARTING A CONCERT, BUT DUE TO THE RAIN. SO TOMORROW SEVEN, O'CLOCK HERE AT CITY HALL AND THE COURTYARD. UM, IF YOU GUYS CAN ATTEND, YOU KNOW, EVERYONE'S WELCOME. UM, AND ALSO WE ARE GETTING READY FOR OUR STATE OF THE CITY. UM, TICKET SALES WILL START TOMORROW. UM, AND IT'S GOING TO BE SEPTEMBER THURSDAY, SEPTEMBER 15TH, UM, STARTING AT FIVE 30 AND IT'S GOING TO BE HELD AT THE SPORTSPLEX FACILITY. SO HOPE TO SEE EVERYONE THERE, SAME PLACE. IT WAS LAST YEAR. YES. NICE. THANK YOU. AND THAT'S IT FOR ME TO SEE EVENING? ANY QUESTIONS? ALL RIGHT. MOVING ON. [4. CITY COUNCIL ACTION] UH, PAULINA ANY, UH, ACTIONS BY THE CITY COUNCIL YOU'D LIKE TO SPEAK TO THE COMMISSION ABOUT NOT THIS EVENING. THANK YOU. ALL RIGHT. SINCE WE HAVE NO FURTHER BUSINESS TO DISCUSS THIS MEETING IS ADJOURNED AT 7:39 PM. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.