* 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. [Call to Order] [00:00:05] OKAY. THE REGULAR MEETING OF THE PLANNING COMMISSION IS CALLED TO ORDER AT 7:02 AM WE WILL NOW TAKE A MOMENT FOR SILENT PRAYER OR MEDIATION, FOLLOWED BY THE PLEDGE OF ALLEGIANCE. THE PLEDGE OF ALLEGIANCE WILL BE LED BY JOANNE BURNS, OUR PLANNING MANAGER. WE'LL START OFF WITH THE MOMENT OF SILENCE AND PRAYER. I THANK YOU. PLEASE FACE THE FLAG, PUT YOUR RIGHT HAND OVER YOUR HEART. READY TO BEGIN? I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD. LIBERTY, JUSTICE SPRAWL. OH, SOMEBODY GOT ASSIST TOO. CITY ATTORNEY. OH, HE'S SO SWEET. OKAY. JOANNE, CAN YOU DO ROLL CALL? COMMISSIONER LEWIS. PRESENT. COMMISSIONER WILLIAMS. I'M SORRY. VICE CHAIR WILLIAMS. PRESENT. COMMISSIONER BECERRA? HERE. COMMISSIONER, HANG HERE. CHAIR GUTIERREZ HERE. LET THE RECORD SHOW ALL COMMISSIONERS ARE PRESENT. GREAT. [APPROVAL OF MINUTES ] TONIGHT WE HAVE, UH, MINUTES FROM THE REGULAR MEETING ON DECEMBER 12TH, 2023. DOES ANYONE HAVE ANY CHANGES TO THE MINUTES? NO. IF THERE'S NO CHANGES, THEN THE MINUTES ARE ADOPTED AS SUBMITTED. WE'LL NOW [ORAL COMMUNICATIONS ] OPEN UP. UH, WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA TODAY? WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT'S NOT ON THE AGENDA TODAY? SO WE DO HAVE, UH, ONE PERSON. SO NOW, UH, WE'RE OPEN THE, WE'RE OPEN, UH, ORAL COMMUNICATIONS. YEAH. DID YOU FILL OUT A SPEAKER CARD HERE? SORRY. YOU GO. HI. DID YOU, UH, FILL OUT ONE OF THESE, SIR? OKAY. YOU COULD DO IT. YOU COULD DO IT AFTER. YEAH, SURE. HAPPY, UH, MERRY CHRISTMAS. HAPPY NEW YEAR'S. BELATED, UM, REASON I'M UP HERE TONIGHT IS TO INQUIRE ABOUT SPOTLESS BURGER. IT'S BECOME A EYESORE TO OUR CITY. IT SITS AT THE ENTRANCE OF THE GLENDORA DOWNTOWN CORRIDOR. RECENTLY IT WAS BROKEN INTO, OVEN WAS TAKEN FROM IT. IT SITS 20 FEET FROM 31 FLAVORS, WHICH ALSO RECENTLY WAS ROBBED AT GUNPOINT. UM, AS YOU'RE PROBABLY AWARE, BUN STREET, NOT LONG AGO, IT WAS BROKEN INTO IT'S SAFE, TAKEN. FORTUNATELY THEY WERE ABLE TO TRACK IT DOWN, BUT IT WAS BROKEN INTO AND TAKEN THIS LOCATION. SPOTLESS BURGER HAS BECOME A HAVEN FOR THE HOMELESS. IT IS. IT HAS A TREMENDOUS AMOUNT OF GRAFFITI ALL OVER ITS WALLS. THERE'S WEEDS. WEEDED ABATEMENT IS NOT TAKING PLACE. IT'S WEEDS ARE BREAKING THROUGH THE ASPHALT AND THERE'S A TREMENDOUS AMOUNT OF DUMPING OF GARBAGE IN THE TRASH BIN, BELONGING TO 31 FLAVORS. AND I'M, MY QUESTION IS, WHAT IS THE STATUS OF THIS RESTAURANT THAT SITS AT THE VERY ENTRANCE OF THE GLENDORA CORRIDOR? I RECALL THE, I BELIEVE IT IS MYTHOLOGY. JOANNE KNOWS BETTER, BUT YOU, THE PRIOR COMMISSIONERS WERE GONNA PULL THE, UH, CONDITIONAL USER'S PERMIT FOR IT BECAUSE IT WASN'T OPENING ITS BUSINESS AS PROMISED AS IT WAS SCHEDULED TO THIS LOCATION. SPOTLESS BURGER PREDATES THAT ONE UNDER A DIFFERENT OWNER OR A DIFFERENT PRESUMED BUSINESS TO TAKE, UH, OPEN ITS DOORS. BUT IT [00:05:01] GOES PRETTY FAR BACK. AND WHILE IT'S CHANGED THE POSSIBILITY OF DIFFERENT SORT OF BUSINESSES, IT'S NEVER ACTUALLY MATERIALIZED. IT'S NOW BECOME A PLACE THAT IS JUST HARBORING THAT ELEMENT AND IT'S REALLY IMPACTING THE BUSINESSES AND ITS SURROUNDING. I COME UP HERE NOT JUST AS A RESIDENT THAT'S CONCERNED ABOUT THE CITY I LIVE IN, BUT I HAPPEN TO HAVE A PERSONAL REASON WHY I LIKE TO SEE SOMETHING HAPPEN, UH, TO THIS LOCATION THAT THE OWNER BE ASKED AS TO WHETHER THEY'RE GONNA OPEN AND IF THEY'RE NOT, SHOULD CAN, OR SHOULD THE CITY INSIST THAT THEY MAINTAIN THE PROPERTY SO THAT RESIDENTS AND WHEN YOU HAVE YOUR PARADES AND FESTIVALS THERE ARE NOT SUBJECTED TO SUCH A EYESORE. SO THAT'S BASICALLY THE NATURE OF MY VISIT TONIGHT. THANK YOU. GREAT. THANK YOU. AND JUST FOR THE RECORD, UM, JOAN, CAN YOU TELL THE AUDIENCE AND PEOPLE WATCHING FROM HOME, WHAT'S, UH, WEST COVINA? IT'S THE WEST VENA APP. SO IF, UH, RESIDENTS HAVE CONCERNS, THEY CAN REPORT CODE ENFORCEMENT ISSUES ON THAT APP, CORRECT? IT'S THE WEST VENA APP? YES, THAT'S CORRECT. OKAY, GREAT. OKAY, GREAT. AND NOW, UH, WE'LL NOW MOVE ON TO, UH, WE'LL CLOSE. WE'RE NOW CLOSE ORAL COMMUNICATIONS [2. CONDITIONAL USE PERMIT NO. 23-09 ] AND OPEN THE PUBLIC, UH, OPEN THE PUBLIC HEARING. TONIGHT. WE HAVE TWO PUBLIC HEARINGS. FIRST WE WILL HEAR CONDITIONAL USE PERMIT NUMBER 23 DASH ZERO NINE CATEGORIAL EXCEPTION APPLICANT VALERIA S LOCATED LOCATION AT 1209 SOUTH SUNSET AVENUE. THE REQUEST IS THE APPLICANT IS REQUESTING THEIR APPROVAL OF ADDITIONAL USE PERMIT CUP TO ALLOW FOR THE OFFSITE SALE OF BEER AND WINE WITHIN AN EXISTING 2,482 SQUARE FOOT CONVENIENCE STORE AT A SERVICE STATION, CHEVRON EXTRA MILE, LOCATED WITHIN THE NEIGHBORHOOD COMMERCIAL N DASH C ZONE. UH, JOANNE, WHO WILL BE PRESENTING THE STAFF REPORT PLANNING ASSOCIATE MIRIAM MACHADO WILL BE PRESENTING THE STAFF REPORT. GREAT, GOOD EVENING COMMISSIONERS. AS MENTIONED, THIS IS CONDITIONAL USE PERMIT NUMBER 2309 FOR THE PROPERTY LOCATED AT 1209 SOUTH SUNSET AVENUE. THE CONDITIONAL USE PERMIT BEING REQUESTED IS TO ALLOW FOR THE OFF SALE OF BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE THAT IS LOCATED AT A SERVICE STATION. THE OVERALL LOT SIZE IS 39,890 SQUARE FEET, BUT THE BUILDING SIZE OF THE CONVENIENCE STORE ITSELF IS 2,482 SQUARE FEET. THE PROPERTY IS ZONE NEIGHBORHOOD COMMERCIAL AND IT IS SURROUNDED BY RESIDENTIAL AND COMMERCIAL USES. THIS IS A PHOTO OF THE CURRENT CONVENIENCE STORE EXTRA MILE. AND THIS IS A SITE PLAN THAT WAS PROVIDED THAT SHOWS THE CONVENIENCE STORE AND COMPARISON TO THE OVERALL LOT FOR THE FLOOR PLAN. UH, THEY ARE LIMITED TO ONLY 10% MAXIMUM OF RETAIL SPACE DEDICATED TO BEER AND WINE. THEY ARE PROPOSING TO HAVE THREE BEER AND WINE COOLERS THAT ARE HIGHLIGHTED IN THE TOP RED RECTANGLE AND, AND THE LEFT RECTANGLE IS A BULK DISPLAY AREA AS WELL. HERE ARE SOME REFERENCE PHOTOS OF WHERE THE DISPLAYS WOULD BE FOR BOTH THE COOLER DISPLAY AND THE BULK DISPLAY. THE OVERALL OPERATION IS PRIMARILY A SERVICE STATION WITH AN ACCESSORY CONVENIENCE STORE AND ACCESSORY CAR WASH FOR THEIR STAFF, THEY HAVE 10 EMPLOYEES, SEVEN FULL-TIME EMPLOYEES, AND THREE PART-TIME EMPLOYEES. THEY ARE OPEN SUNDAY THROUGH SATURDAY, 24 HOURS A DAY, SO THEY'RE 24 7. UM, BUT THE ALCOHOL SALES WOULD BE LIMITED BETWEEN 6:00 AM TO 2:00 AM AS INDICATED BY A BC. THIS SPECIFIC CENSUS TRACT, UH, WHERE THE SUBJECT SITE IS LOCATED IS NOT CONSIDERED TO BE AN AREA OF UNDUE CONCENTRATION FOR OFF SALE ALCOHOL LICENSES. THE SPECIFIC CENSUS TRUNK IS HIGHLIGHTED, UM, IN BLACK HERE. CURRENTLY WITHIN THE CENSUS TRUNK. THERE ARE ZERO ALCOHOL LICENSE, UH, FOR OFF SALE LICENSES, WHICH ALLOWS FOUR THREE. THE CLOSEST PLACE THAT DOES SELL ALCOHOL IS UH, SEVEN 11, WHICH IS APPROXIMATELY 300 FEET AWAY FROM THE [00:10:01] SUBJECT SITE. THE CENSUS TRACT IS PRIMARILY RESIDENTIAL WITH A FEW COMMERCIAL LOCATIONS, AND THE CENSUS TRACT ITSELF IS, IS TYPICALLY NOT HIGH IN CRIME BASED OFF COMMENTS PROVIDED BY OUR POLICE DEPARTMENT. UM, HOWEVER, THIS EVENING THE PLANNING DIVISION DID RECEIVE A COMMENT FROM ROBERT TORRES EXPRESSING CONCERNS REGARDING THE APPROVAL OF THIS CONDITIONAL USE PERMIT, UH, WHICH WAS FORWARDED TO THE PLANNING COMMISSION AND WAS PRINTED AND PLACED IN FRONT OF YOU THIS EVENING. UM, PLANNING STAFF DOES RECOMMEND ADOPTING RESOLUTION TWO FOUR DASH 6 1 4 1 APPROVING CONDITIONAL USE PERMIT 2309. UH, THIS DOES CONCLUDE THE PRESENTATION. I'M HERE FOR ANY QUESTIONS AND THE APPLICANT IS HERE AS WELL. THANK YOU. ALRIGHT, ANY COMMENTS? UH, QUESTIONS FOR STAFF? NONE. OKAY. WE'LL NOW OPEN UP THE PUBLIC HEARING. I HAVE TESTIMONY FROM THOSE IN FAVOR BEFORE WE DO THAT. UH, WE'LL CALL THE APPLICANT UP. SO LET'S SEE. UH, WE'LL CALL WHICH ONE, WHICH GREGORY? ACTUALLY, SO SOINE. OKAY. I SEE IT RIGHT HERE. SO, YEAH. OKAY. PERFECT. HELLO. GOOD EVENING TO ALL YOU. UM, MY NAME IS SODI SCHOCHER. I HAVE, UH, WENT AT THAT SERVICE STATION FROM 1990. IT'S BEEN 34 YEARS. I'M THE SECOND FAMILY ONLY OPERATING THAT STATION SINCE IT WAS EVER BUILT. I HAVE A LOT OF PRIDE IN THAT STATION. I TOOK CARE A LOT OF THE COMMUNITY FIXING THEIR CARS, YOU KNOW, GIVING 'EM A RIDE HOME AND A LOT OF CHORES FOR A LOT OF THE SENIORS THAT NEEDED THE HELP OF A GARAGE. YOU KNOW, THEY FELT LIKE THAT WAS THEIR HOME. YOU KNOW, IN MANY CASES. WE WENT TO HOME, GOT THEIR CAR REPAIRED, IT TOOK A BACK IN THEIR HOME. THEY NEVER EVEN DROVE THE CAR. SO THAT WAS THE ERA I STARTED MY BUSINESS AND AS, UH, WE EVOLVED, SERVICE STATION EVOLVED. THERE WAS A REPAIR. IT WAS NO VIABLE, YOU KNOW, DUE TO REAL ESTATE PRICING AND UH, YOU KNOW, A LOT OF THE NEW CARS DON'T NEED TO REPAIR WORK, YOU KNOW, FROM SERVICE STATION. THEY ALL GO BACK TO THE DEALERSHIP, YOU KNOW, THERE'S A LOT OF LEASE CAR. THEY HAVE A FREE MAINTENANCE OR PREVENTIVE MAINTENANCE, INCLUDING IN THE SERVICE. SO THERE COMES NEED FOR ALL THE OIL COMPANY. THAT MADE US CHANGE TO THE CONVENIENCE STORE. SO I CONVERT MY AUTOMOTIVE GARAGE BUSINESS IN 2004, I BELIEVE, TO CONVENIENCE STORE. I WAS HERE. GOT THAT CUP, DIDN'T NEED IT FOR ALCOHOL. DIDN'T THINK LIKE THAT. WE SHOULD HAVE ALCOHOL SALE THERE BACK THEN IN 2004. SO I OPENED WITH THE CONVENIENCE STORE IN 2004 AND, UM, SOON AFTER WE REALIZED, YOU KNOW, WE'RE NOW, WE'RE NOW, WE'RE NOT AN AUTOMOTIVE GARAGE, WE'RE NOT COMPETING WITH DEALER, WITH AUTOMOTIVE INDUSTRY, WE'RE COMPETING WITH THE OTHER CONVENIENCE STORE. SO, YOU KNOW, FINANCIALLY IT WAS KIND OF, WE NEEDED TO HAVE, YOU KNOW, MORE SALE, MORE DIFFERENT ITEM, MORE MERCHANDISE. SO ALCOHOL WAS THE OTHER, UH, THAT WAS REQUESTED BY OUR, OUR CUSTOMER AND CONSUMER LOCAL CITY. AND THAT WHY DON'T YOU, YOU KNOW, WE COME HERE FOR A GASOLINE, COME HERE FOR OTHER, USE A CONVENIENCE STORE, WE WOULD LIKE TO PICK UP, YOU KNOW, SMALL CONTAINER OR PERHAPS FOUR PACK, SIX PACK OF ALCOHOL. SO THAT'S WHERE THAT IDEA CAME FROM. SO, UH, ME AND ONE OTHER SERVICE STATION, WE'VE BEEN WORKING ON THIS ISSUE FROM LAST, I WOULD SAY 10, 12, 15 YEARS. SO, AND WE WENT TO, YOU KNOW, THEN WE FOUND OUT FROM THE CITY BACK FROM, UH, JEFF ANDERSON WAS THE PLANNING COMMISSION THAT SAID NOBODY CAN SELL ALCOHOL IN THE CITY. 'CAUSE THERE WAS CODE PUT IN BOOK ON NINE IN 1970, I BELIEVE SO, OR 74 I HEARD LAST TIME. SO WE WERE ABLE TO CHANGE THAT WITH THE COUNCIL MEMBER OR, YOU KNOW, COUNCIL MEMBER. WERE ABLE TO CHANGE THAT NOW THEN, SO I COULD APPLY FOR MY STATION, WHICH I DID, YOU KNOW, NOW I'M ASKING FOR PARTICULARLY JUST LOOK AT MY STATION AND, UH, IF I CAN SELL THE ALCOHOL WITH ALL THE CONDITIONS THAT CITY AS, UH, OUR CITY, OUR STAFF AND, UH, POLICE, UH, [00:15:01] CHIEF HAS PUT ON THE, ON THIS, UH, CODE CHAIN, YOU KNOW, I WILL COMPLY WITH THE ALL THE CONDITIONS DAY IN, DAY OUT AND, UH, AND BE VERY RESPONSIBLE, YOU KNOW, FROM, JUST FROM LAST HISTORY, 34 YEARS, THE STATION NEVER GOT ANY KIND OF VIOLATION AS TRACK RECORD. WE HAVE, WE NEVER GOT ANY UNDERAGE CIGARETTE SALE, TOBACCO SALE TO ANYBODY. WE DON'T HAVE ANY CODE ENFORCEMENT ISSUE. SO WORK WITH THE COMMUNITY, YOU KNOW, FAMILIAR WITH A LOT OF FAMILIES AROUND THERE. FAMILIAR WITH THE SCHOOL. I WORK WITH THE PRINCIPAL. I WORK, WORK WITH SCHOOL, UH, PERSONNEL TO, YOU KNOW, SOMETIME WE HAVE TO, UH, YOU KNOW, TAKE CARE OF A LOT OF THE CHILDREN THAT COME AROUND ON THE STREET, YOU KNOW, SO WE WORK WITH A SCHOOL CONSTANTLY. WE HAVE THEIR PHONE NUMBER. WE ALWAYS GOING, YOU KNOW, BACK AND FORTH IF THERE'S ANY ISSUE WITH ANY OF THE CHILDREN, LIKE SOMEBODY HAD MENTIONED HERE EARLIER. UM, SO HERE I AM. IF YOU HAVE ANY QUESTION I CAN ANSWER, UH, LER ON THIS, UH, EMAIL JOANNE WAS TELLING ME THAT WE GOT TODAY. SO, OR YEAH, DOES ANY OF THE COMMISSIONERS HAVE QUESTIONS FOR THE APPLICANT? UM, I HAD A QUESTION. ALRIGHT. HAVE YOU ALREADY APPLIED FOR YOUR, UM, UH, ALCOHOL LICENSE THROUGH A, B, C? NO, I WOULD NOT BE ALLOWED TO. I NEED CITI, WE NEED A COMPLETE APPROVED CUP IN ORDER TO APPLY FOR, UH, WITH THE A, B, C. YOU CAN'T GO TO THEM, JUST ASK FOR ALCOHOL LICENSE UNLESS C WILL APPROVE THE CUP. OKAY. HOW LONG DID THEY DESCRIBE TO YOU IT WOULD TAKE TO OBTAIN YOUR LICENSE IF YOU WERE TO RECEIVE APPROVAL FROM THE CITY? I, I COULD, THEY WOULD NOT SPEAK TO ME. I COULD NOT OPEN THAT, UH, CONVERSATION UNLESS I HAVE CUPI MEAN, TYPICALLY, YOU KNOW, WITH MY OTHER STATION, IT COULD TAKE TWO TO THREE MONTHS, IT COULD TAKE MORE. I'M, I'M NOT FAMILIAR WITH, UH, YOU KNOW, HOW THIS PROCESS GONNA GO, BUT I MUST HAVE A CUP BEFORE THAT STEP CAN BE TAKEN. OKAY. AND IT IS A TYPE 20, I BELIEVE, A 21 OFF SALE. IT'S JUST THE, UH, BEER AND WINE. SO THAT'S, IT'S, OH YEAH, TYPE 20. YEP. YEAH. TYPE 20. MM-HMM. . YEAH. GREAT. ANY MORE QUESTIONS FOR APPLICANT? I HAVE, UH, ONE, UM, WANTED TO OF THE, ONE OF THE RECOMMENDATIONS OF THE RESIDENT, UM, HE INDICATED, ARE YOU WILLING TO, ARE YOU OPEN TO HAVING A SECURITY GUARD DURING THE TIME OF, I GUESS DURING THE NIGHTTIME HOURS WHEN YOU'RE LATE HOURS, DURING THE TIME YOU'RE SELLING ALCOHOL? YEAH. AT THIS TIME, UH, WITH CITY, ALL THE SITES SELLING ALCOHOL, NOBODY HAVE THE NEED OR HAVE THE SECURITY GUARD. I WILL GO WITH THE FLOW IF IT NEEDED, IF IT WAS RECOMMENDED BY POLICE. UH, TO ME, IF THERE IS ANY, YOU KNOW, ISSUE, I, I'M WILLING, BUT TO BEGIN WITH, WE HAVE TO START THE, YOU KNOW, UH, WITHOUT THE SECURITY GUARD. UH, THEN, THEN IF, IF I EVER, YOU KNOW, WAS TOLD BY POLICE, I RECOMMENDED, YES, I'LL BE WILLING TO. GREAT, THANK YOU. ANY MORE QUESTIONS, APPLICANT? OKAY, GREAT. THANK YOU. THANK YOU SIR. THANK YOU. WE'RE NOW HERE, UH, TESTIMONY IN THOSE IN FAVOR. SO WE'LL CALL UP, UH, GREGORY HAN, YOU WANNA SPEAK ON IT TOO? NOT . GREG HAN ARCHITECT, EMPIRE DESIGN GROUP. I'VE KNOWN SODI FOR 15, 20 YEARS. DONE MANY PROJECTS WITH HIM. IT'S OUTSTANDING. UH, CLIENT AND BUSINESS OWNER AND EVERYTHING HE JUST MENTIONED TO YOU IS TRUE. SO I DON'T SEE A, I MEAN, IF I, I DON'T LIVE IN WEST COVINA, BUT IF I DID, I'D SAY, HEY, GIVE IT TO HIM. SO ANYWAY, APPRECIATE YOUR TIME. GREAT, THANK YOU. OKAY, WE'RE NOW HERE. THOSE, UH, OPPOSED, IS ANYONE IN THE AUDIENCE OPPOSED TO THIS? SEEING NONE. UH, WHAT, OKAY. YOU'RE GONNA HAVE TO DO A SPEAKER CARD, THOUGH. I DON'T HAVE TO. 'CAUSE IT'S NOT MANDATORY. SPEAKER CHAIR. I, I ADVISE ALLOWING HIM TO SPEAK EVEN WITHOUT A SPEAKER CARD. OKAY. I CONCUR. FOR THE RECORD, [00:20:03] THE OWNER STATION IS A NICE GENTLEMAN AND I'M SURE ALL THE THINGS HE GIMME ONE SECOND, UH, TIMER, JOHN. OKAY. THE GENTLEMAN, LIKE I SAID, IS PROBABLY A FINE GENTLEMAN AND I'VE SPOKEN TO HIM OUTSIDE OF THIS ARENA AND HE DOES SEEM LIKE WE'RE REALLY GREAT RESIDENT OF WEST COVINA AND SOMEONE I'D LIKE TO HAVE AS A NEIGHBOR. MY CONCERN IS THAT THIS ISSUE'S BEEN AROUND FOR QUITE SOME TIME. THE LAST TIME THAT I SPENT TIME TO COME AND LISTEN TO SEE WHERE IT WAS GONNA GO, IT KIND OF BOUNCED OUTTA HERE OVER TO CITY COUNCIL AND COUNCIL APPROVED IT. SO I'M A LITTLE CONFUSED. AND MY QUESTION TO YOU NOW IS, WHAT IS THE DIFFERENCE TODAY FROM ITS PREVIOUS APPROVAL BY CITY COUNCIL, WHICH THINK SUPERSEDES THIS COMMISSION? WHY IS IT THAT, HAS ANYTHING CHANGED FROM THE CRITERIA THAT WAS AGREED TO BY CITY COUNCIL AND PUT FORTH BY THIS COMMISSION WHEN THEY WENT THROUGH THAT PROCESS? THE FIRST, SECOND, THIRD, FOURTH, FIFTH TIME? UM, WHY ARE THEY BACK HERE TONIGHT IF THIS WAS ALREADY APPROVED? I KNOW THAT YOU DON'T WANNA RESPOND TO MY QUESTION HERE, BUT I HOPE WHEN YOU HAVE THE OPPORTUNITY, YOU COULD ANSWER THAT QUESTION. BECAUSE IF THEY'VE CHANGED THE PLAN RULES OR THE AGREEMENT. 'CAUSE IF I RECALL CORRECTLY, THE OWNER AGREED TO EVEN PUT OUT SOME FOG LAMPS OR, UH, BLOCK, THANK YOU. BLOCK BLOCK CAMERAS. AND I HEAR ABOUT SECURITY TONIGHT AND I'M, I'M, I'M HEARING MORE REQUIREMENTS, BUT I THOUGHT ALL THOSE REQUIREMENTS HAD BEEN MET THAT HAD BEEN AGREED UPON. ARE WE CHANGING THE PLAN RULES NOW? AND IF SO, WHAT ABOUT THOSE FOLKS THAT CAME BEFORE TONIGHT THAT HAD CONCERNS ABOUT APPROVING THIS FROM THE GET, FROM THE, FROM THE START? IF YOU'RE CHANGING IT, THEN DOESN'T THIS PROCESS START OVER AGAIN? BECAUSE I KNOW YOU KIND OF BYPASSED YOUR DECISION AND HANDED IT OVER TO CITY COUNCIL, BUT ARE THEY HERE JUST FOR THE CUP, UM, OR DO THEY IN FACT NOW HAVE TO GET SECURITY AND MAYBE TWO OR THREE OF THOSE, WHATEVER TYPE CAMERAS THEY ARE? WHAT IS THE PURPOSE OF THEIR COMING BACK TONIGHT? THANK YOU. GREAT, THANK YOU. IF THERE'S, UH, NO ONE ELSE OPPOSED TO THIS, UM, JOANNENE, CAN YOU EXPLAIN THE NEW CODE FOR THE ALCOHOL SALES SURE. CHAIR, IF I MAY? YES. OKAY. SO THE, THE CODE AMENDMENT THAT, UM, THE SPEAKER WAS MENTIONING WAS THE CODE AMENDMENT THAT THE CITY COUNCIL HAD APPROVED TO ALLOW ALCOHOL SALES AT SERVICE STATIONS, UM, IN THROUGH A CONDITIONAL USE PERMIT PROCESS. SO THIS, THAT APP, THAT CODE AMENDMENT, UM, ALLOW ALLOWED THE APP, THE CURRENT APPLICANT TO BE ABLE TO SUBMIT AND PRO AND FOR STAFF TO BE ABLE TO PROCESS A CONDITIONAL USE PERMIT APPLICATION. IN THE PAST, THE USE IN ITSELF WAS NOT ALLOWED. SO THERE WAS NO METHOD OF, OF ANY APPLICANTS SUBMITTING AN APPLICATION FOR THE CITY TO BE ABLE TO ALLOW THEM TO SELL BEER AND WINE WITHIN SERVICE STATIONS. SO BEFORE IT WAS TOTALLY PROHIBITED. UM, THERE'S NO WAY SOMEBODY CAN COME IN AND APPLY. NOW THERE'S A METHOD, UM, A WAY FOR THEM TO SUBMIT THE APPLICATION THROUGH THE CONDITIONAL USE PERMIT PROCESS, WHERE THE PLANNING COMMISSION CAN CONSIDER THE APPLICATION ON A CASE BY CASE BASIS BASIS. SO AT ITS OWN MERIT, DEPENDING ON THE, THE SITE AND THE PLAN, UM, THERE ARE CERTAIN STIPULATIONS ON WHAT NEEDS TO BE REQUIRED ALONG WITH THE APPLICATION. LIKE, FOR INSTANCE, THE FLOCK CAMERA THAT WAS MENTIONED. BUT IN ADDITION TO THAT, THE PLANNING COMMISSION CAN ADD ADDITIONAL CONDITIONS OF APPROVAL, UM, IF THE PLANNING COMMISSION DECIDES ON APPROVING THE, THE APPLICATION. SO JOANNE, WERE THIS, WAS THIS APPLICANT GIVEN THE SAME RESTRICTIONS AS THE APPLICANT THAT WAS APPROVED? [00:25:02] THE, THE APP, THE APPLICANT LAST TIME WAS FOR A CODE AMENDMENT AND IT WAS, UH, APPLICANT GENERATED CODE AMENDMENT APPLICA APPLICATION. SO, UH, ONE OF THE GAS STATION OWNERS SUBMITTED THE APPLICATION TO ASK THE CITY TO CONSIDER CHANGING THE CODE SO THAT IN THE FUTURE, UM, IF THE CODE WAS AMENDED, THEY WOULD BE ABLE TO SUBMIT A CONDITIONAL USE PERMIT. SO, SO IT IT, IT WAS BASICALLY A METHOD FOR THEM TO BE ABLE TO SUBMIT THE APPLICATION. 'CAUSE BEFORE THERE WAS NONE. HAVE THEY SUBMITTED THEIR APPLICATION? UM, WE'VE RECEIVED TWO APPLICATIONS. THIS IS THE FIRST, WE'RE PROCESSING THE FIRST ONE AND HEARING THE FIRST ONE AT THE MOMENT. THE OTHER APPLICATION, UM, WAS SUBMITTED, I BELIEVE, IN DECEMBER. AND IT IS IN THE PROCESS OF STAFF REVIEW AND IT WILL ALSO GO TO THE PLANNING COMMISSION FOR CONSIDERATION. SO IN A FUTURE DATE, AS THEY APPROVE THIS, WHAT ARE THE, AND, AND FORGIVE ME IF YOU CAN JUST REPEAT WHAT THE REQUIREMENTS ARE. UM, IT WOULD BE LIMITED TO 10 PER, I BELIEVE 10% OF THE FLOOR AREA, WHICH THEY'RE COMPLYING WITH. UM, PER THEIR PLANS ONLY BEER AND WINE, THEY NEED TO GET APPROVAL, UM, AN ALCOHOL LICENSE FROM A BC, THEY WOULD NEED A CTT, UM, WHAT IS IT? C-C-C-T-V-C-C-T-V CAMERA SYSTEM AND ALSO A FLOCK CAMERA THAT'S ABLE TO READ LICENSE PLATES AT ALL VEHICLE ENTRANCES ON THE PROPERTY. SO I BELIEVE THIS SITE HAS TWO. SO THEY WOULD BE REQUIRED TO, TO HAVE TWO CCTV CAMERAS AND THE LOCATION OF THOSE CAMERAS WOULD HAVE TO BE WORKED AT WITH THE POLICE DEPARTMENT. AND I DID SEE, UH, UPDATED UP, SORRY, , I DID SEE UPDATED WORDING FOR THE FLOCK CAMERAS, UH, WHICH NOW REQUIRES, UH, A FLOCK SAFETY CAMERA WITH THE LICENSE PLATE RECOGNITION THAT IS INTEGRATED WITH THE POLICE DEPARTMENT SYSTEM SHALL BE INSTALLED PRIOR TO THE INSURANCE OF AN ALCOHOL LICENSE AND PRIOR TO THE SALE OF ANY ALCOHOL PRODUCTS. SO I KNOW BEFORE I THINK IT WAS MORE VAGUE, RIGHT? THAT'S CORRECT. THAT'S GOOD. SO WE UPDATED, WE INCLUDED, UM, A MORE DETAILED LANGUAGE IN THIS CONDITION OF APPROVAL. AND ALSO THERE'S, THERE ARE ALSO OTHER GENERAL CONDITIONS OF APPROVAL, LIKE NOT HAVING THE DISPLAY WITHIN FIVE FEET FROM A CASH REGISTER, NOT SOLD IN AN ICE TUB, UM, NOT SOLD IN QUANTITIES LESS THAN THE MANUF, WHAT THE MANUFACTURER REQUIRES. UM, OR THREE, THE, UH, THEY CAN'T ADVERTISE ON THE FUEL ISLANDS. UM, NO COIN OR FEE OPERATED VIDEO GA GAME SYSTEMS. THEY CAN'T SELL TO ANYBODY UNDER 21 YEARS OF AGE AND THEY HAVE TO COMPLY WITH ALL STA UM, DEVELOPMENT STANDARDS. SO DID, DID THEY EVER MENTION, UM, SECURITY BECAUSE IT'S, IT'S NOT A REQUIREMENT. UM, IT WAS NOT REQUIRED IN AS A CONDITION OF APPROVAL IN, IN THE STANDARD WITH THE CODE AMENDMENT. HOWEVER, IT, IT IS, THE CONDITIONAL USE PERMIT IS UNDER PLANNING COMMISSION PURVIEW. SO THE PLANNING COMMISSION, IF THE PLANNING COMMISSION WISHES TO REQUIRE A SECURITY GUARD, THEN THE PLANNING COMMISSION MAY DO SO. AND THE PRODUCT THAT THEY SAID NOT NEAR HOW MANY, HOW CLOSE TO THE CASH REGISTER? FIVE FEET. FIVE FEET. HOW ABOUT TO THE FRONT DOOR? UM, NO, JUST THE CASH REGISTER. OKAY. THAT PROBABLY WOULD BE GOOD THERE. UM, I BELIEVE IF YOU CAN PUT THE FLOOR PLAN, SORRY, IF, IF I MAY. YEAH, IT'S, UH, THERE'S A MINIMUM REQUIREMENT OF FIVE FEET FROM THE CASH REGISTER AS WELL AS FROM THE FRONT ENTRANCE. UH, IF WE'RE LOOKING AT THE FLOOR PLAN HERE, THEY ACTUALLY HATCHED THE AREA WHERE IT'S NOT ALLOWED, UM, HERE AND THERE FOR FURTHER AWAY FROM IT, AS WELL AS FROM 10 FEET FROM THE SALES COUNTER. SO IT'S ALL THIS HATCHED AREA WHERE IT'S NOT ALLOWED TO BE DISPLAYED, AT LEAST THAT'S JUST FOR SAFETY REASONS, NOT ONLY FOR THE EMPLOYEES, BUT FOR PAT PATRONS WHO ARE PATRONS WHO ARE GOING THERE TO BUY SOMETHING. THEY DON'T NEED TO BE IN CAUGHT IN SOMETHING, ANY CRIMINAL ACTS. I'M GONNA JUST, UH, KILL THE PUBLIC HEARING AND THEN OPEN UP, UH, COMMISSION DISCUSSION. NOW YOU HAVE ANY MORE QUESTIONS? THANK YOU, JOANNE. COMMISSIONER, [00:30:01] UH, BERA, ANY MORE QUESTIONS? NO. OKAY. COMMISSIONER HAYNE, ANY QUESTIONS? OKAY, UH, COMMISSIONER WILLIAM LEWIS. SORRY, COMMISSIONER LEWIS. I DON'T HAVE ANY QUESTIONS AT THIS TIME. AND VICE CHAIR WILLIAMS? THE ONLY QUESTION I HAD FOR STAFF, I NOTICED IN THE CONDITIONS OF APPROVAL, THERE DIDN'T APPEAR TO BE AN ACTUAL CONDITION LETTING THE APPLICANT KNOW THAT THEY NEED TO OBTAIN A LICENSE FROM ALCOHOLIC BEVERAGE CONTROL. UM, THAT THAT IS A REQUIREMENT, BUT WE CAN ADD THAT. OH, OKAY. GREAT. UM, IF THERE'S NO MORE QUESTIONS, UH, DO WE HAVE A MOTION, UM, DO WE HAVE ANY CONDITIONS FROM THE POLICE DEPARTMENT? BECAUSE FIRE DEPARTMENT HAS A CONDITION, THEY, WHEN WE ROUTED THE APPLICATION, THEY RESPONDED BACK WITH AN EMAIL SAYING THEY DON'T HAVE ANY ADDITIONAL CONDITIONS. OKAY. THANK YOU. ALL RIGHT. ALL MOTION TO APPROVE, UH, CONDITIONAL USE PERMIT NUMBER 23 DASH OH NINE, UH, PLANNING COMMISSION RESOLUTION NUMBER 24 DASH 61 41, UH, WITH THE, UH, ADDITIONAL LANGUAGE REQUIRING THE, UH, A BC LICENSE AS REFERENCED BY COMMISSIONER OR VICE CHAIR WILLIAMS. I WILL SECOND THAT PARTICULAR MOTION. GREAT. SO WE HAVE, UH, A MOTION BY COMMISSIONER LEWIS AND A SECOND BY VICE CHAIR WILLIAMS. UH, JOANNA ROLL CALL. AYE, COMMISSIONER HANGANG, I ACTUALLY DON'T HAVE ANYTHING AGAINST IT OR FOR IT, BUT I JUST WANTED TO ADD TO SEE IF, UM, CHAIR GUTTIER HAS AN ADDITIONAL CONDITIONS REGARDING THE SECURITY IN THE HOURS. I MEAN, UH, COMMISSIONER LEWIS, I DON'T KNOW IF YOU'RE OPEN, BUT, UH, I THINK IT'LL BE A GREAT IDEA TO HAVE A SECURITY GUARD THERE AT A MORE LATER, THE MORE LATER HOURS OF THE DAY. GIVEN THE, THE STORE, THE LOCATION IS A, A BIG, KIND OF LIKE A BIG LOCATION STORE AND, AND, UH, AND THERE WILL BE, AND SINCE IT'S DOWN THE STREET FROM A A SCHOOL, UM, I THINK THAT WAS ONE OF THE CONCERNS BY THE RESIDENTS BUT'S UP TO YOU. I GUESS I'M NOT SURE IF SECURITY CARD IS NECESSARY, HOWEVER, IF IT'S, IF THERE'S AN ISSUE IN THE FUTURE, PERHAPS WE CAN WORD IT IN A WAY THAT THERE WERE ISSUES LATER ON DURING THE LATE EVENING HOURS. PERHAPS WE CAN, AS OF DISCRETION OF STAFF, IF, UM, CHAIR, IF I MAY THAT'S CORRECT. THERE IS ALREADY A CONDITION OF APPROVAL THAT REQUIRES, UM, US TO MONITOR ANY COMPLAINTS AND BRING IT UP TO THE PLANNING COMMISSION. IF WE GET IT, WE GET A NUMBER OF COMPLAINTS. HOWEVER, UM, THE PLANNING COMMISSION CAN ALSO ADD A CONDITION, UM, TO AUTOMATICALLY REQUIRE YOU TO BRING THIS BACK WITHIN A CERTAIN AMOUNT OF TIME, UM, FOR, FOR A REPORT. SO THAT'S AN ALSO ANOTHER OPTION. WELL, IT JUST DEPENDS TOO, IF THE COMPLAINTS ARE REPORTED. UM, WOULD ANYBODY LIKE TO MAKE AN ALTERNATE MOTION OR, WELL, I'D LIKE TO RAISE A POINT OF ORDER. WE HAD A MOTION A SECOND, AND WE WERE ALREADY VOTING ON IT. IF THERE NEEDS TO BE A MOTION FOR RECONSIDERATION OR THIS MOTION DIES, WE CAN CONSIDER IT AT THAT POINT IN TIME. WELL, I THINK YOU'RE, I DON'T THINK IT'S AN, I DON'T THINK IT'S APPROPRIATE FOR THERE TO ALREADY HAVE BEEN A VOTE AND, AND NOW WE'RE GOING IN AND WE'RE ADDING IT OR TRYING TO ADD SOMETHING EX POST FACTO THAT'S NOT OKAY. WE CAN CONTINUE TO VOTE THEN. YEAH. WELL, YOUR, YOUR COLLEAGUE ON THE COMMISSION WAS ASKING YOU IF YOU'RE WILLING TO, UH, AMEND YOUR MOTION SO THEY CAN SUPPORT YOUR MOTION, BUT, UH, IF YOU DO NOT, SO WE'LL MOVE ON TO THE CONTINUOUS OF THE ROLL CALL. OKAY. UNLESS THERE'S A SECOND MO UNLESS THERE'S ANOTHER MOTION, UH, TO ADD THAT LANGUAGE ON THE FLOOR POINT OF ORDER, YOU CAN, IF NOT, THEN CONTINUE THE ROLL CALL. GONNA MAKE THE MOTION. SO JUST FOR CLARIFICATION, THERE, THERE IS A MAIN MOTION ON THE FLOOR, A SUBSIDIARY MOTION CAN BE BROUGHT AND A SUBSIDIARY MOTION WOULD HAVE TO BE DEALT WITH FIRST. UM, IN THIS CASE, THERE WAS A FRIENDLY MEMBER REQUESTED THE REQUEST WAS DENIED, AND AS OF THE MOMENT, THERE'S ONLY THE MAIN MOTION ON [00:35:01] THE FLOOR. CORRECT. SO I WAS GETTING CLARIFICATION. IF COMMISSIONER HANG IS MAKING HER OWN MOTION. SO IS THAT A YES OR A NO? ARE ARE YOU MAKING A SUBSIDIARY MOTION, WHICH WOULD BE TO I AMEND THE VOTE. I THOUGHT IF WE WERE GONNA VOTE, WE'RE JUST GONNA VOTE, BUT IF NOT, UM, I'LL, I'LL MAKE A MOTIONS TO, UM, HAVE A DISCUSSION. ACTUALLY, NO, I DID NOT NEED, DON'T WE DISCUSS FIRST BEFORE WE DISCUSS? ALL RIGHT. I'LL MAKE A MOTION TO ADD OR HAVE DISCUSSION. THERE'S A MOTION ON THE FLOOR, BUT DISCUSSION IS STILL ALLOWED AT THIS POINT. IF, IF YOU WANNA DISCUSS BEFORE, I DO WANNA DISCUSS TO SEE IF, UM, HOW ARE WE GONNA PERCEIVE WITH THIS? AND IF THERE IS AN ISSUE, I SOMEHOW DON'T SEE IT ON THE CONDITION HERE SAYING THAT, UM, THE PLANNING DEPARTMENT IS MONITORING THE ISSUES AND IF THERE'S, I DON'T IF WHAT THAT WOULD BE IS ON, IS LISTED IN THE RESOLUTION. YES, P STAFF SHALL CLOSELY MONITOR ANY COMPLAINTS OR CONCERNS FILED REGARDING THE OFF SALE OF BARON WINE. THE APPLICANT AND OR BUSINESS OPERATOR SHALL WORK WITH STAFF TO ADDRESS ANY ISSUES IN THE EVENT WHERE ISSUES REMAIN UNRESOLVED. THE PLANNING COMMISSION SHALL REVIEW THE CONDITIONAL USE PERMIT FOR THE USE AND MAY AT ITS DISCRETION, MODIFY OR IMPOSE NEW CONDITIONS. AND HOW MANY COMPLAINTS WOULD THAT BE? BECAUSE THERE WERE 200 COMPLAINTS WITH THE REBEL. YELL IT WHENEVER THERE'S A COM, WHENEVER THERE'S A COMPLAINT, UM, WE WILL BRING IT UP TO THE APPLICANT AND IF, IF THAT IT'S SOMETHING THAT THEY CAN'T ADDRESS, THEN WE WILL BRING IT UP TO THE PLANNING COMMISSION. BUT IF THE PLANNING COMMISSION WOULD LIKE TO QUANTIFY AND, AND PRESENT A NUMBER, THEN, OR THEN WE, THAT'S SOMETHING THAT WE CAN ALSO CONSIDER. OKAY. SO THERE IS A, UH, A, A VOTE GOING ON UNLESS COMMISSIONER HANG HAS, UH, HER OWN MOTION, YOU HAVE A, YOUR OWN MOTION OR NOT. I LIKE TO ADD A MOTION, I, OR, OR A SECOND THE MOTIONS TO ADD, UM, TO SEE IF WE CAN TALK ABOUT OR DISCUSS ABOUT THE, UM, SO DISCUSSION IS, IS ALREADY ALLOWED ONCE A, A MOTION AND A SECOND IS MADE. THE, THE CHAIR, THE COMMISSION IS ALLOWED TO CONTINUE DISCUSSION BEFORE THE VOTE IS, UNTIL THEY'RE DONE DISCUSSING. AND, UH, THE VOTE ON THE MOTION IS CALLED SEPARATE FROM THAT. IF YOU WANNA MAKE A SUBSIDIARY MOTION, WHICH WOULD BE TO ADD AN ADDITIONAL CONDITION, THEN, THEN WE WOULD NEED TO SEE IF THERE'S A SECOND FOR THAT, THAT VOTE WOULD GET RESOLVED FIRST . BUT IF YOU, YEAH, IF YOU'RE, IF YOU'RE LOOKING FOR FURTHER DISCUSSION, THEN THIS WOULD BE THE TIME FOR YOU TO CONTINUE DISCUSSION WITHOUT THE MOTION. UM, I DO LIKE FURTHER DISCUSSION THOUGH, TO SEE HOW WE'RE GONNA RESOLVE THE ISSUES, UM, WHETHER WE'RE GONNA QUANTIFY IT OR WHETHER WE, I DON'T NECESSARILY THINK THAT WE NEED SECURITY GUARDS IF THERE'S NO ISSUES. HOWEVER, IF THEY'RE IN THE FUTURE, WE CAN'T PREDICT THAT. BUT IF THERE WERE GONNA BE ISSUES, THEN PERHAPS WE SHOULD HAVE CERTAIN, SO YEAH. SO SINCE THERE WAS A ROLL CALL, I'LL MAKE A MOTION, UM, TO, UH, GIVE THIS COMMISSION FIVE ADDITIONAL MINUTES TO DISCUSS, UH, DO, DO COMMISSION DISCUSSION, UH, THE OPPORTUNITY TO DISCUSS, UH, COMMISSIONER HANK'S COMMENTS FURTHER. SO I'LL MAKE A MOTION IF THERE'S, IF THERE IS THERE A SECOND. OKAY. I'LL SECOND IT. THERE'S A, A MOTION BY MY, UH, MYSELF AND A SECOND BY COMMISSIONER HANK. UH, JOANNE. I'D LIKE TO, UH, YEAH, IT'S, UH, THE, YOU DON'T HAVE TO VOTE ON A DISCUSSION. YOU CAN, I KNOW, BUT SINCE THERE WAS ALREADY A, A, UH, OF, OF, I CALLED FOR, SO, SO NOW TO MAKE MY OWN CONTINUOUS DISCUSSION, JUST TO PROCEED MOTION YOU, SO IT, SINCE YOU CALLED FOR THAT AS THE CHAIR, YOU CALL FOR THE ROLL CALL, YOU CAN JUST RESCIND THAT THERE WAS NO MOTION TO CALL FOR THE ROLL CALL. SO IF, IF YOU ALLOW FOR CONTINUED DISCUSSION ON THE MAIN MOTION AT THIS POINT, WHICH IS TO APPROVE WITH THE SINGLE AMENDMENT, UM, AND AT THIS POINT, THE, THE COMMISSION CAN CONTINUE DISCUSSION AS IS DISCUSS IS LONG UNTIL, UNTIL THE CHAIR DOES CALL FOR THE VOTE. SO YOU DID CALL FOR IT, BUT, OKAY. BUT, BUT AS THE CHAIR, YOU HAVE AUTHORITY TO PRESIDE THE, THE CONDUCT OF THE MEETING. SO YOU CAN RESCIND THAT WITHOUT ANY MOTIONS. THAT'S CORRECT, . OKAY. SO, UH, UH, BEFORE, BEFORE WE'RE GONNA, I'M GONNA RESEND THE, THE, THE, THE MOTION TO CALL FOR A VOTE AND GO BACK TO, UH, I'M GONNA RECALL MY MOTION I JUST MADE AND [00:40:01] THEN, UH, GO BACK TO COMMISSIONER LEWIS'S, UH, MOTION, UH, BEFORE, UH, I'M GONNA RECALL THE MO UH, THE ROLL CALL. AND BEFORE WE GET TO THAT, I'M GONNA ALLOW, UH, UH, THE COMMISSIONERS TO DISCUSS FURTHER, UH, SOME QUESTIONS THEY HAVE. SO, UM, COMMISSIONER HANE, GO AHEAD. I GUESS, UM, ARE WE QUANTIFYING OR HOW WE, HOW WE RESOLVE THE ISSUES, WHETHER, UH, WE'RE HAVING SECURITY GUARD, WHICH I DON'T NECESSARILY THINK WE SHOULD HAVE IT, HOWEVER, IF THERE IS ISSUES DURING THE LATE HOURS, I GUESS BETWEEN 10 TO TWO, IT'S ACTUALLY THIS IS 24 HOURS, SO, RIGHT. I THINK THAT THERE SHOULD BE A NUMBER OF ALLOWED DISTURBANCES PER YEAR. AND IF THEY, YOU KNOW, UM, I MEAN, WITHOUT THEIR PERMIT BEING REVOKED, THEN PERHAPS THEY CAN GET FINED TO A CERTAIN EXTENT AND ANOTHER NUMBER OF DISTURBANCES BEFORE IT'S REVOKED WITHIN THAT, YOU KNOW, THERE HAS TO BE A TIMEFRAME. I MEAN, OH, WE CAN, WE CAN DISCUSS WHAT THAT, HOW MANY THOSE SHOULD BE AND WHAT TIMEFRAME THAT SHOULD BE. YEAH, WE COULD DO THAT. OR, I MEAN, THIS RIGHT NOW IS LAYING OUT FOR THE FUTURE OF ALL THESE APPROVALS, SO YOU SHOULD REALLY TRY TO PUT MORE RESTRICTIONS. YEAH, AND I, SO, AND I, AND I, I'LL, I THINK THAT'S A GREAT IDEA. AND I THINK, UM, I THINK E EITHER THAT OR I THINK SOME SORT OF, UH, LANGUAGE THAT, UH, INPUTS SOME SORT OF, UH, NOTIFICATION EITHER TO THIS COMMISSION OR TO THE CITY COUNCIL THAT IF A VIOLATION OCCURS, UH, AFTER TWO VIOLATIONS, THAT THE CITY COUNCIL SHOULD BE NOTIFIED OF THOSE ACTIONS. UH, AND THEN, UH, SO THE CITY COUNCIL COULD, UH, TAKE ACTION IF NEEDED OR SO, OR, OR THE COMMISSION. BUT THAT'S JUST AN IDEA. YOU, SO YOU'RE ASKING THE STORE OWNERS TO POLICE THEMSELVES IF THERE IS AN ISSUES THEY NEED TO RESOLVE IT SOMEHOW, OTHERWISE THERE'S A FINE OR THERE'S A SECURITY GUARD. IS THAT, IS THAT, WELL, THE ONLY WAY THAT WE'LL EVEN KNOW IF THERE'S A DISTURBANCE, IF IT'S REPORTED TO THE POLICE. ANY MORE COMMENTS? NO, I, MY ONLY COMMENT IS GONNA BE, LOOK, THE CITY COUNCIL PASSED AN ORDINANCE THAT THEY SET FORTH THE STANDARDS ON THIS FOR, AND IT LOOKS LIKE NOW WE'RE TRYING TO ADD ADDITIONAL RESTRICTIONS OR SOMETHING LIKE THAT TO SUPERSEDE WHAT THE CITY COUNCIL ALREADY PUT BEFORE US AS THE STANDARD TO IMPOSE AN ADDITIONAL STANDARD AND PERHAPS IMPOSE, IMPOSE ADDITIONAL BURDENS ON BUSINESS OWNERS BASED UPON WHAT OUR OWN WHIMS. I MEAN, I, I DON'T, I DON'T GET THAT, THAT DOESN'T MAKE ANY SENSE. I, I, I FULLY UNDERSTAND THE CONCERNS ABOUT PUBLIC SAFETY AND OBVIOUSLY I SHARE THOSE CONCERNS, BUT THE BOTTOM LINE IS THIS PLANNING COMMISSION IS NOT GOING TO SOLVE PUBLIC SAFETY ISSUES IN THIS CITY, THIS COUNTY, THIS STATE, THIS COUNTRY. IT'S NOT GONNA HAPPEN. AND THE REALITY IS THERE WILL BE CRIME NO MATTER WHAT WE DO, NO MATTER WHAT. SO WE CAN PUT OUR PIE IN THE SKY BELIEFS THAT, YOU KNOW, WE, WE CAN PUT IN A SECURITY GUARD AND WE CAN ADD THESE ADDITIONAL, THESE ADDITIONAL CONDITIONS ON A PLACE THAT SELLS 10% OF THEIR BUSINESS. AS, AS ALCOHOL. WE DON'T HAVE THAT RESTRICTION ON ANY OTHER LOCATION IN THE CITY. IT'S, IT'S ABSURD TO ME, BUT WE'RE WELL, BUT WITHIN OUR RIGHTS AS ON THE COMMISSION TO MAKE, UM, SUGGESTIONS AND ADD, UH, YOU KNOW, MORE RESTRICTIONS OR GUIDELINES TO ANY APPROVAL, REGARDLESS IF IT'S APPROVED BY THE COMMISSION. AND WE HAVE IN THE PAST AS WELL. BUT, UM, I'D LIKE TO ADD THAT THE CITY COUNCIL, I'M NOT DONE YET. ANYTHING THAT WE DECIDE HERE, ACTUALLY, FOR ME PERSONALLY, IF I VOTE ON SOMETHING AND APPROVE IT, YOU KNOW, I'M, I'M GONNA BE HELD RESPONSIBLE MYSELF FOR ANYTHING THAT WE, WE APPROVE THAT IS NOT PROTECTIVE OF THE RESIDENTS. AND, UM, SO YES, I, I DO WANT TO, YOU KNOW, DISCUSS THIS FURTHER. I WANTED TO ADD THAT SUB, UH, A MONTH OR TWO AGO, CITY COUNCIL APPROVED THE AMENDMENT OF THE PLAN TO ALLOW ALCOHOL, SALES, AND GAS STATIONS. SO THAT'S WHAT CITY COUNCIL DID. AND THIS [00:45:01] HERE AS PLANNING COMMISSION IS HOW WE SET UP ALL THE OTHER RULES AND REGULATIONS AFFECTING THE LAND USE. SO THAT'S WHAT WE'RE DISCUSSING ABOUT, WE'RE NOT ADDING ANYMORE. WE'RE HERE BECAUSE OF THE LAND USE AND THE CONDITIONAL USE PERMIT, DESPITE THE FACT THAT CITY COUNCIL ALLOWED ALCOHOL SALE USE, THAT DOESN'T MEAN THAT THEY'VE HAD BY RIGHTS, THEY STILL NEED TO GET CONDITIONAL USE PERMIT. AND THIS IS HERE, WHAT WE'RE DOING RIGHT NOW AS PLANNING COMMISSION IS TO ALLOW THE CONDITION, WE, WHAT CONDITION ARE WE ALLOWING OR NOT ALLOWING? AND PUBLIC SAFETY IS A HUGE CONCERN TO, TO OUR CITY, TO OUR STAFF. AND IF WE CAN SOMEHOW LOOK AT IT TONIGHT, AND LIKE WE SAID, ALL GAS STATIONS IN WEST CO WILL BE ALLOWED FOR ALCOHOL SALES. SO SOMEHOW THE FIVE OF US OR MORE RESIDENTS COME OVER AND HAVE SOME TYPE OF PLANS TO PREVENT, HOPEFULLY TO PREVENT MORE FUTURE ISSUES. JUST LIKE WE WERE SITTING HERE A FEW MONTHS AGO REGARDING ISSUES OF ALCOHOL SALES, NOT REGARDING GAS STATIONS, HOWEVER, IT WAS REGARDING SOME RESTAURANTS THAT HAD 200 CALLS, 200 CALL DISTURBING THE NEIGHBORS. THAT'S A COMPLETELY ISSUES. HOWEVER, WITH THAT WAS ALSO A CONDITIONAL USE PERMIT THAT WE TOOK IT AWAY FROM THEM. NOT THAT I WANT TO, IT'S NOT A COST ISSUE THAT WE CREATE. HOWEVER, AS HOME AS OWNERS SOMETIME THEY DO SHARE RESPONSIBILITY AS WELL. SO NOW IN THIS DISCUSSIONS, I BELIEVE IT'S VERY IMPORTANT THAT WE ACTUALLY SIT DOWN AND DISCUSS ABOUT WHAT TYPE OF CONDITIONS. I MEAN, I GET IT, THIS IS THE FIRST, BUT IT WILL NOT BE THE LAST IN ALL THE GAS STATIONS IN WEST CAROLINA WILL BE COMING IN FRONT OF US WITHIN THE NEXT FEW MONTHS OR YEARS. BECAUSE LIKE HE WAS TELLING US THE GAS STATION OWNER OF 30 SOME ODD YEARS SAYING THAT, YOU KNOW, FIXING MECHANIC AND CARS AND THAT IS NO LONGER THEIR TYPE OF BUSINESS. RIGHT? AND HE, I GET IT. HE'S TRYING TO DIVERSIFY TO KEEP HIS BUSINESS PROFITABLE. HE'S A BUSINESSMAN. BUT AGAIN, THIS, THIS LANE, THE GROUNDWORK FOR ALL FUTURE APPROVALS, IT WILL HAVE TO BE EXACTLY WHAT WE ARE EXTENDING TO THIS APPLICANT. AND LIKE, UH, COMMISSIONER, UH, BASSER AND COMMISSIONER HANG MENTIONED, UH, THE, WHAT THE CITY COUNCIL VOTED ON WAS A PROHIBIT PROHIBIT PROHIBITION, IF I'M NOT SAYING IT RIGHT, BUT , FOR A WHILE, FOR MANY YEARS, THE CITY DID NOT ALLOW ANY APPLICANT TO APPLY FOR A ALCOHOL LICENSE TO SELL AT OUR LOCAL GAS STATIONS IN THE CITY OF WEST COVINA. AND SO AT THE LAST, THE LAST TIME, THE CONS, UH, CHANGED THAT, UH, IT WAS MOST RECENTLY, THIS PAST YEAR, UH, BECAUSE THERE WAS AN APPLICANT ASKING THIS COMMISSION TO AMEND THE, THE BAN. AND, UH, IT WAS APPEALED TO THE CITY COUNCIL. AND THE CITY COUNCIL HAS NOW ALLOWED APPLICANTS TO APPLY, UH, FOR A CUP, UH, WHICH IS AT THE, THIS, WHICH, UH, THE PLANNING COMMISSION UNDER, UM, THE CITY'S, UH, ORDINANCE, UH, ALLOWS THE PLANNING COMMISSION TO, UH, INPUT CONDITIONS ON A CUP. UM, SO WITH THAT BEING SAID, UH, IS THERE ANY MORE COMMENTS? I'LL, I'LL MAKE ANOTHER MOTION. I'M GONNA MAKE A MOTION TO DENY CONDITIONAL USE PERMIT NUMBER 23 DASH OH NINE, UH, PERTAINING TO, SORRY, RESOLUTION NUMBER, UH, PLANNING COMMISSION RESOLUTION NUMBER 24 DASH 61 41. AND ALONG WITH THAT DENIAL, UM, WE WAIVE THE COST OF THE APPEAL TO THE CITY COUNCIL. THAT'S MY MOTION. IS THERE A SECOND? IF THERE'S NO SECOND, THEN THE MOTION DIES. I SECOND. OKAY, WE'LL GO BACK. UH, IT'S BEEN SECONDED BY COMMISSIONER, UH, BE, UH, SO, UH, JOIN, CAN YOU, UH, REPEAT THE MOTION AND, UH, DO ROLL CALL. LET ME, UM, BEFORE I REPEAT THE MOTION, LET ME GO AHEAD AND CONFER WITH THE CITY ATTORNEY FOR A SECOND. YES. [00:50:05] SO TO CLARIFY, IT WOULD BE A RECOMMENDATION TO THE COUNCIL TO WAIVE THE, THE FEE. SO IT WOULD HAVE TO GO TO THE COUNCIL, BUT IT'S UP TO THE CITY COUNCIL TO WAIVE THE FEE. SO THE PLANNING COMMISSION DOESN'T HAVE AUTHORITY TO WAIVE FEES. SO IF IT WAS APPEALED, THEY STILL WOULD HAVE TO PAY THE FEE TO APPEAL, BUT THEY, THE, IN THE, IN THE RECOMMENDATION WE WOULD, WE WOULD LET THE COUNCIL KNOW THAT THE PLANNING COMMISSION IS RECOMMENDING THAT THE A THE FEES BE REFUNDED TO THE APPLICANT. OKAY. UM, SO WITH THAT CLARIFICATION, UM, JOHN, YOU WANNA REPEAT IT ONE MORE TIME? THE MOTION ON THE FLOOR AND THEN DO ROLL CALL. SO THE MOTION IS TO DENY THE CONDITIONAL USE PERMIT NUMBER 23 0 9. UM, WITH THE RECOMMENDATION TO THE CITY COUNCIL THAT IF THE APPLICATION IS APPEALED TO THE CITY COUNCIL, THAT THE CITY COUNCIL, UM, INITIATE A REFUND OF THE APPLICATION FEES PAID. UM, IT IS, THE RESOLUTION NUMBER WOULD BE RESOLUTION NUMBER 24 DASH 6 1 4 1. HOWEVER, UM, WITH THIS RESOLUTION, WE WILL BE BRINGING BACK THIS RESOLUTION THAT'S PRESENTED TO THE PLANNING COMMISSION IS FOR APPROVAL. BUT WE WOULD BE BRINGING BACK THE, THE DENIAL RESOLUTION FOR PLANNING COMMISSION VOTES SO THAT THE PLANNING COMMISSION CAN RE REVIEW THE DENIAL RESOLUTION IF, IF THE DENIAL VOTE, UM, IF THE VOTE PASSES, CAN WE, UM, ALSO PUT IN THE RECOMMENDATIONS THAT WE'VE TALKED ABOUT THAT THEY'D BE TAKEN INTO CONSIDERATION? YES. OKAY. YOU WANT TO ROLL CALL? SURE. COMMISSIONER LEWIS? ABSOLUTELY NOT. COMMISSIONER HANG. HE JUST MADE A MOTION TO DENY AND THEN HE VOTED NOT. YEAH. JUST TO CONFIRM THAT THAT WAS A VOTE AGAINST THE MOTION, CORRECT? CORRECT. CORRECT. COMMISSIONER HANKS, I WILL ABSTAIN BECAUSE I LIKE TO HAVE MORE DISCUSSIONS ABOUT THIS PARTICULAR TOPIC. THIS IS OUR JOB, WE JUST DON'T PASS IT ON TO CITY COUNCIL. OKAY. COMMISSIONER BECERRA ABSTAIN. UM, COMMISSIONER WILLIAMS? NO, COMM, VICE CHAIR GUTIERREZ ABSTAIN. OKAY. THE MOTION FAILS. MOTION. IS THERE A NEW MOTION ON THE FLOOR IF I MAKE A MOTIONS TO APPROVE THIS APPLICATIONS WITH, UM, ADDING ON, I GUESS THE HOURS OF OPERATIONS AND ALSO, UM, TO ADD, UM, ON THE DISTURBANCES OR THE, THE DISTURBANCE AND THE COMPLAINTS, PERHAPS BE LIMITED TO WHAT NUMBER SHOULD WE HAVE A DISCUSSIONS ABOUT THAT? WHAT, WHAT, WHAT IS, YOU KNOW, WITH ALL THE LIQUOR STORES SEVEN ELEVENS, WHAT, WHAT, WHAT TYPE OF DISTURBANCES DO THEY HAVE YEARLY? I MEAN, WE, THIS IS NEW TERRITORY. I MEAN, THEY, THEY, FROM THE NEWS AND FROM POLICE REPORTS, LIQUOR STORES HAVE HAD, UM, PEOPLE STEALING, COMING IN TO STEAL ALCOHOL AND DIFFERENT TYPES OF MERCHANDISE. UM, HOWEVER, IS I'M NOT, IS THAT THE TYPE OF DISTURBANCE THAT YOU'RE WILLING TO, THAT YOU WOULD LIKE TO, UM, NOT PETTY THEFT ADDRESS, BUT YOU KNOW, SOMETHING WHERE SOMEONE GETS ARRESTED, THERE'S ALTERCATIONS AND, UM, I MEAN, THEY, YOU KNOW, EVERY STORE, EVEN IF HE DOESN'T HAVE ALCOHOL, IS GONNA HAVE PEOPLE TRYING TO STEAL THINGS. SO IT DOESN'T MATTER, YOU KNOW, THAT'S, YOU KNOW, THAT'S GONNA KEEP GOING ON WITHOUT ALCOHOL. BUT I'M JUST TALKING ABOUT DISTURBANCES WHERE THE POLICE ARE INVOLVED. MAYBE IF, UM, UH, SINCE COMMISSIONER, UH, HANG ME THE MOTION MAYBE, UH, UH, I MEAN, JUST AN IDEA IS THAT YOU COULD ADD THE LANGUAGE OF IF THERE IS A CONCERN BY THE WEST FNA POLICE DEPARTMENT BROUGHT TO THE ATTENTION OF THE PLANNING DEPARTMENT, THAT [00:55:01] AT THAT TIME THE, THAT EITHER THE CITY COUNCIL OR PLANNING COMMISSION, UH, COULD, UH, CALL THE ITEM FOR A HEARING CITY ATTORNEY. IS THAT SOMETHING THAT'S LOGICAL? SO IF I, IF I UNDERSTAND IT WOULD BE AN ADDITIONAL CONDITION, UM, REQUESTING A REVIEW OF THIS MATTER, UH, WHEN THE POLICE ESSENTIALLY DETERMINE SUFFICIENT DISTURBANCE OF THE PIECE ARISE. IS THAT, IS THAT WHAT YOU'RE ASKING FOR? I THINK THEY HAD A CONCERN REGARDING, UH, A FORMER, UH, A FORMER, UH, ITEM THAT WAS BROUGHT TO THIS COMMISSION WHERE THERE WAS MULTIPLE OCCURRENCES OCCURRING AND, UH, OUR POLICE DEPARTMENT'S RESOURCES WERE STRETCHED IN, UH, THE MEN AND WOMEN OF OUR POLICE DEPARTMENT WERE RESPONDING TO MULTIPLE CALLS TO THIS LOCATION. UH, OBVIOUSLY WE'RE NOT COMPARING THE TWO, BUT, UM, SO E EXISTING A LAW ALLOWS FOR REVOCATION FOR, UH, WHEN YOU, WHEN THE COMMISSION FINDS A PUBLIC NUISANCE, AND, AND TYPICALLY THAT'S WHEN, YEAH, THE POLICE HAVE A SUFFICIENT CONCERN, AS I BELIEVE HAPPENED PRIOR. THEY HAVE A SUFFICIENT CONCERN. THEY BRING IT TO THE, UH, PLANNING DEPARTMENT WHO BRINGS IT TO YOUR ATTENTION AND FOR A HEARING. SO THAT, THAT IS EXISTING LAW THAT, UM, A CONDITION, I GUESS MORE, I GUESS IT MADE ME MORE CLEARER LANGUAGE THAT AT THE DISCRETION OF THE POLICE DE THE DISCRETION OF THE WESTFIELD POLICE DEPARTMENT, THAT, UH, IT COULD BE BROUGHT TO A PUBLIC HEARING AT THE COMMISSION LEVEL OR CITY COUNCIL LEVEL. YES, I WOULD BE CONCERNED THAT THAT'S PRETTY VAGUE. I THINK I, WHAT I WOULD ADVISE OR RECOMMEND WOULD JUST FOR A REVIEW WITHIN A SET PERIOD OF TIME THAT YOU, YOU DIRECT STAFF TO BRING THIS BACK FOR YOU TO CONSIDER, AND SIX MONTHS, A YEAR, TWO YEAR, WHATEVER TIME PERIOD, YOU WOULD FEEL APPROPRIATE. AND YOU CAN EXAMINE AT THIS POINT AND ASK THE POLICE TO REPORT ON DISTURBANCES, BUT, BUT CREATING A, PUTTING THE DISCRETION IN THE POLICE CHIEF MAKES A VERY AMBIGUOUS STANDARD, WHICH I WOULD BE VERY CONCERNED ABOUT. SO, YOU KNOW, IT WAS VERY INTERESTING THAT REBEL YELL HAD 200. IS THERE ANYTHING IN PLACE NOW, I MEAN, 200 CALLS, DISTURBANCES, POLICE, UM, YOU KNOW, BABYSITTING OUTSIDE EVERY NIGHT? I MEAN, IS THERE ANYTHING IN PLACE THAT WOULD NOW I HOPE THAT WOULD GIVE THE CITY, UH, KNOWLEDGE OF ALL THESE, YOU KNOW, CALLS TO THE POLICE OR DISTURBANCE? YOU KNOW, THEY, THEY HAD QUITE A FEW AND, AND SOME THERE WERE FELONIES, . SO I MEAN, IS THERE ANYTHING THAT REQUIRES THE POLICE? DO WE, DO WE GET ANY, ANY KNOWLEDGE OF ANY OF THEM ANYMORE OR, I MEAN, OBVIOUSLY WE DIDN'T, I WOULD HOPE THAT WE WEREN'T AWARE OF THE 200 CALLS CHAIR, IF I MAY. UM, WHEN SOME, WHEN SOME OF THOSE DISTURBANCE CALLS FOR FROM THE OTHER, UM, FROM THE OTHER BUSINESS THAT, THAT YOU'RE REFERRING TO CAME IN THE NOISE ABSORBANCES AND DIFFERENT CRIMES THAT THAT HAPPENED IN, IN THAT PARTICULAR INSTANCE, THE RESIDENTS, UM, THE PROPERTY OWNERS THAT LIVING NEARBY, THEY, THEY DIRECTLY CALLED THE POLICE DEPARTMENT. UM, AND AT THAT TIME, WE DON'T HAVE, UH, AS MUCH CODE ENFORCEMENT PRESENT PRESENCE AS WE DO NOW. UM, NOW WE HAVE A, UM, A LARGER CODE ENFORCEMENT, A MORE PROACTIVE, LARGER CODE ENFORCEMENT DEPARTMENT. UM, SO WE STAFF, PLANNING STAFF IN, IN CODE OF ENFORCEMENT WE'RE CLOSELY TOGETHER, UM, AND CODE ENFORCEMENT AND THE POLICE DEPARTMENT IS NOW WORK WORKING MORE CLOSELY TOGETHER AS WELL. SO ARE THEY GETTING MONTHLY REPORTS WEEKLY OF ANY RESPONSES? UM, THE, ON A SEPARATE NOTE THAT THE, THE PLANNING COMMISSION CAN ALSO, UM, REQUEST STAFF TO, SIMILAR TO THE RECYCLING FACILITIES THAT WE, THE CITY HAS HAD PROBLEMS WITH, THE PLANNING COMMISSION CAN REQUEST STAFF TO DO A, A REPORT TO THE PLANNING COMMISSION ON STATUS OF CERTAIN OF, OF THESE TYPES OF CONDITIONAL PER USE PERMITS ON AN ANNUAL BASIS, IF THAT'S SOMETHING THAT YOU WOULD LIKE US TO DO, UM, OR AS A CONDITION OF APPROVAL, YOU CAN ALSO SAY, REPORT BACK TO THE PLANNING COMMISSION AFTER SIX MONTHS SO THAT WE CAN TAKE A LOOK AT IF THERE ARE ANY COMPLAINTS, JUST TO MONITOR IT AND TO GIVE YOU MORE CONTROL OF IT. SO, OR MISDEMEANORS OR FELONY SPECIFICALLY, OBVIOUSLY. BUT, UM, I GUESS, YOU KNOW, WHAT I, I HAVING REVIEWS, WHETHER IT'S ANNUAL REVIEW OR [01:00:01] SIX MONTHS REVIEW TO SEE HOW, WHETHER THERE'S DISTURBANCE OR NO DISTURBANCE. IF THERE'S NONE, THEN WE JUST CONTINUE ON. IF THERE IS, THEN WE LOOK AT IT AB THAT'S A GOOD, THAT IS GOOD. THEN WE COULD SEE HOW MANY THERE ARE. IT'LL GIVE US, UM, MAYBE A, AN IDEA OF, OF, YOU KNOW, IT SHOULDN'T BE NORMAL, BUT WHAT, YOU KNOW, EVENTS WILL HAPPEN, THEY'LL OCCUR, THERE'S NOTHING THAT THEY CAN DO ABOUT IT, THEY'LL HAPPEN. BUT, UM, AGAIN, IF, MAYBE THEN AT THAT POINT THERE SHOULD BE SECURITY OR SOMETHING TO LIMIT THEM. I DON'T KNOW THAT IT WILL, AND, BUT SOMETHING TO DISCOURAGE THEM, IT'S LIKE PUTTING UP A SIGN AT YOUR HOUSE THAT SAYS YOU HAVE, YOU KNOW, YOUR, YOU KNOW, THERE'S CAMERAS, YOU'RE ON, YOU KNOW, AND IT'S 99% DETERRENT FOR PEOPLE NOT TO, YOU KNOW, NOT TO, TO BURGLARIZE YOUR HOME. SO IT, IT, I THINK THAT IT DOES, YOU KNOW, THE FACT THAT THERE'S A SECURITY GUARD WILL, YOU KNOW, MEAN SOMETHING. I'M NOT SAYING THAT WE NEED TO IMPOSE THAT ADDED EXPENSE TO THE APPLICANT, BUT, YOU KNOW, AT THE END OF THE YEAR WHEN WE DO REVIEW, IF IT'S SOMETHING THAT'S NEEDED, THEN WE SHOULD IMPLEMENT. SO COMMISSIONER, HANG, SINCE THE MOTION, UH, CURRENTLY BEING MADE AS YOURS, DO YOU HAVE A SPECIFIC TIMEFRAME YOU WOULD LIKE TO PROPOSE AS PART OF THAT MOMO? I THINK ANNUALLY RIGHT NOW, JUST TO MONITOR, TO SEE HOW IT GOES AND EVERYTHING GOES WELL. THERE'S NO DISTURBANCE FROM THE NEIGHBORS OR FROM THE STORES OR REPORTS. EVERYTHING IS FINE. THEY, WE JUST HAVE A CONTINUE. OKAY. SO, SO CURRENTLY RIGHT NOW, THE MOTION BEING MADE IS FOR APPROVAL OF THE ITEM WITH THE ADDITION OF A CONDITION OF APPROVAL TO REQUIRE STAFF PRESENTATION WITHIN 12, 12 MONTHS, UH, REGARDING POLICE INCIDENCES ON THE PROPERTY. IS THAT ACCURATE? SO IT WOULD BE A REPORT BACK TO THE COMMISSION WITHIN 12 MONTHS A YEAR REGARDING, UH, POLICE INCIDENCES ON THE PROPERTY. THAT'S FINE. OKAY. AND I THINK, UM, FOR EFFICIENCY, IF I COULD SUGGEST, UH, YOU'VE RAISED A NUMBER OF TOPICS, IF I COULD GO THROUGH THEM AND THEN THE COMMISSION CAN KIND OF, EACH CAN WEIGH IN AND THEN WE CAN DO A FINAL MOTION BASED ON WHAT THE MAJORITY'S FEELING IS THAT, WOULD THAT BE AGREEABLE TO THE COMMISSION? SO FOR EXAMPLE, YOU MENTIONED IS A PARTY MOTION ALSO HOURS OF OPERATION? ARE YOU, CAN YOU, CAN YOU CLARIFY AND PROPOSE WHAT HOURS YOU WERE THINKING? YEAH, I, I THOUGHT THE FIRST THING YOU SAID WAS, IF I'M WRONG, THEN I'M WRONG, BUT WHEN YOU, WHEN YOU WERE DISCUSSING YOUR AMENDMENTS, YOU SAID HOURS OF OPERATION, AND THAT'S WHY I'M ASKING WHAT THAT MEANT, , WHETHER THERE'S AN ISSUES DURING THE MIDNIGHT OR NOT, BUT CURRENTLY, UM, THERE'S NO HOUR LIMITATIONS. OKAY. SO I'M OKAY WITH THE HOURS. OKAY. SO, AND I JUST WANT AT THIS POINT, AS LONG AS WE HAVE THE ANNUAL REVIEW POLL, THE COMMISSION, SO AT THIS POINT, WE'RE LEAVING THE HOURS OF OPERATION CURRENTLY ALONE. IT'S 24 HOURS FOR THIS. AGAIN, I'M JUST DOING THIS FOR EFFICIENCY, SO WE CAN, WHEN WE MAKE A MOTION WITH A NUMBER OF AMENDMENTS, WE'RE POLLING RIGHT NOW JUST TO SEE WHO AGREES WITH THE AMENDMENTS SO WE CAN BE EFFICIENT IN THE MUD. WELL, THEY'RE ALREADY 24 HOURS, SO, SO THE HOURS OF OPERATION ARE 24 HOURS. THERE'S A TIME LIMIT ON THE SALE OF ALCOHOL. THEY, AND HAVE TO CUT IT OFF AT 2:00 AM PER CALIFORNIA LAW. UH, IS THERE ANYTHING IN THIS, UH, THAT DESCRIBES, UH, THAT THERE SHOULD BE NO DRINKING ON THE PREMISES, ESPECIALLY FOR CAR WASH CUSTOMERS? THERE'S A REQUIREMENT THAT SIGNS BE POSTED. OKAY, GREAT. UM, SO HEARING NOTHING ON THE, THE HOURS, I'LL MOVE ON. THERE WAS, UH, THE ORIGINAL MOTION DID INCLUDE, UH, A CONDITION THAT A BC APPROVAL BE REQUIRED. IS THERE ANY OBJECTION TO INCLUDING THAT IN THE FINAL MOTION? NO OBJECTION. OKAY. UM, AND THEN FINALLY THE INITIAL DISCUSSION WAS A DISCUSSION OF A SECURITY GUARD. SO IT, IT, I WOULD JUST ASK FOR A SPECIFIC PROPOSAL OR, OR, OR WHETHER TO LET THAT ONE DROP FROM THEM. THAT WAS JUST A COMMENT I MADE, BUT, UH, I WASN'T ASKING FOR IT TO BE. OKAY. SO, SO AT THIS POINT, AS I UNDERSTAND, THE MOTION, UH, WOULD BE TO APPROVE THE ITEM WITH THE ADDITI TWO ADDITIONAL CONDITIONS, WHICH WOULD BE TO, UH, REQUIRE A B, C APPROVAL. AND THE SECOND ADDITIONAL CONDITION WOULD BE TO REQUIRE STAFF REPORT BACK TO THE COMMISSION IN 12 MONTHS [01:05:01] REGARDING ANY POLICE INCIDENCES ON THE PROPERTY. SO I BELIEVE THAT SUMMARIZES ALL THE, UH, POINTS THAT WERE BEING RAISED FOR. IF YOU WANT, YOU CAN FURTHER DISCUSS OR IF, IF YOU'RE SATISFIED WITH THAT, YOU CAN MAKE YOUR MOTION BASED ON THAT. YES, I'LL MAKE A MOTIONS TO APPROVE WITH THE TWO CONDITIONS THAT WE ADDED, UM, FOR THE A BC APPROVAL IN THE 12 MONTHS ANNUAL REVIEW. THANK YOU. IS THERE A SECOND? I I JUST, I JUST WANNA COMMENT I, MY, MY CONCERN ABOUT THAT MOTION AND PUTTING IN A 12 MONTH REVIEW PERIOD, I, I, I LOOK AT IT THIS WAY ULTIMATELY BASED UPON THE RESOLUTION THAT'S IN FRONT OF US, UM, I BELIEVE IT'S, UM, PARAGRAPH FIVE, SUB U SAYS THE CONDITIONAL UNI, UH, USE PERMIT MAY BE REVOKED, AMENDED AND SUSPENDED BY THE PLANNING COMMISSION UNDER THE PROVISIONS OF SECTION 26 DASH 2 53 OF THE WEST COVINA MUNICIPAL CODE. UM, I, I, I UNDERSTAND THE, THE WANT TO DO THAT, AND I WOULD BE AMENABLE TO DOING THAT ON A GLOBAL CONTEXT, BUT NOT IN THE CONTEXT OF AN INDIVIDUAL IF WE WANT TO, IF, IF WE'RE GOING TO, IF WE'RE GOING TO SINGLE A PARTICULAR BUSINESS OUT. I HAVE A PROBLEM WITH THAT. I HAVE A BIG PROBLEM WITH THAT SO LONG AS WE ARE, SO LONG AS WE ARE APPLYING THAT STANDARD FOR EVERYONE. AND I WOULD SUGGEST THAT WE, WE DO REQUEST THAT STAFF PROVIDE US REPORTS ON CS ON PERHAPS AN ANNUAL BASIS. I DON'T THINK THAT'S A BAD IDEA. SO THAT WE KNOW WHAT'S GOING ON IF WE'RE GETTING COMPLAINTS THAT WAY WE KNOW WHAT ARE POTENTIAL ISSUES THAT WE CAN, THAT WE CAN BRING UP ON OUR OWN. BUT I THINK THE IDEA OF BRINGING IT UP, UM, IN, IN A SINGLE INSTANCE, I THINK IT'S A BAD PRECEDENT. AND I THINK THAT WE OUGHT TO BE VERY CAREFUL ABOUT SINGLING OUT SPECIFIC APPLICANTS. I UNDERSTAND. I, I, I UNDERSTAND PRACTICALLY SPEAKING WHY THIS PARTICULAR INSTANCE, BECAUSE THIS WOULD BE THE FIRST ONE THAT WE WOULD APPROVE, MAY BE SOMETHING WHERE IT'S LIKE, OKAY, YEAH, THIS SORT OF MAKES SENSE THAT, THAT WE LOOK, LOOK AT IT WITH A MORE STRINGENT EYE. I, I UNDERSTAND THE WANT TO DO THAT, BUT I THINK PRACTICALLY SPEAKING, THE, THE CITY COUNCIL'S GIVEN STANDARDS, WE HAVE THE OPPORTUNITY TO SUSPEND, MODIFY, OR REVOKE THIS PURSUANT TO THE TERMS THAT ARE SET FORTH IN THE RESOLUTION THAT STAFF IS PREPARED. AND IF WE WANT TO HAVE A MORE GLOBAL REPORT ON CS, UM, THAT IS BROUGHT TO US AND AND GIVEN TO US SUCH THAT WE CAN CONSIDER, YOU KNOW, THERE'S A, A POLICE CONCERN ON, ON X ISSUE OR Y ISSUE, WE CAN DEAL WITH THAT SEPARATELY. AND I WOULD STRONGLY SUGGEST WE, WE DEAL WITH THAT SEPARATELY. AND I THINK, FRANKLY, I THINK EVERYONE HERE WOULD PROBABLY BE, UH, IN AGREEMENT WITH THAT. I DON'T WANNA SPEAK FOR ANYONE, BUT I, I, I KNOW EVERYONE WANTS TO BE PROACTIVE AND I GET THAT I WANT TO BE PROACTIVE, BUT I DON'T WANT TO BE PROACTIVE AS TO ONE PARTICULAR APPLICANT BECAUSE I THINK THAT'S MANIFESTLY UNFAIR. SO THAT'S MY ONLY COMMENT ABOUT THE MOTION. I WOULD SUPPORT YOUR MOTION WITH THAT ONE CONDITION REMOVED, AND I WOULD BE HAPPY TO AGENDIZE SOMETHING THAT GAVE US A REPORT ON AN ANNUAL BASIS LATER ON. I LIKE TO ADD THAT WE'RE NOT SINGLING OUT ANY BUSINESSES. WE DO LOVE THE BUSINESSES TO BE HERE AND WE WANTED SUPPORT AND TO APPROVE THIS TYPE OF BUSINESS. HOWEVER, THE NEIGHBORS HAS BEEN FOR YEARS CONCERNED ABOUT ALCOHOL ISSUES EVERY TIME THEY COME IN FRONT OF US. IT WAS DENIED IN THE PAST, EVERY SINGLE TIME NOW WANTING TO SUPPORT THIS PARTICULAR BUSINESS. WE'RE NOT SINGLING OUT, IT'S REDUNDANT WHEN YOU ADDED THE A BC APPROVAL BECAUSE NO MATTER WHAT YOU DO OR WHAT WE DO AS PLANNING COMMISSION, THEY NEED AN A, B, C APPROVAL FROM THE STATE IN ORDER TO SELL ALCOHOL, HOWEVER, TO MONITOR THEM. AND IN, IN SOME, THAT'S WHY WE HAVE CONDITION USE PERMIT. WE HAVE CONDITIONS, AND WE'RE NOT SINGLING OUT ANY BUSINESSES. SOME CONDITIONS IN CERTAIN BUSINESSES ARE A LONG LIST OF CONDITIONS. THIS ONE, NOT SO MUCH. ADDING ONE MORE TO MAKING SURE, BECAUSE THIS IS THE FIRST TIME THAT WE ARE HAVING ALCOHOL AND TO MAKING SURE THAT ALL THE BUSINESS, IF THEY'RE DOING FINE AND IF THEY'RE MONITORING THAT, HEY, IF THERE'S A CLIENT THAT'S CAUSING ALL THE SORTS OF PROBLEMS THE FIFTH TIME OR THE 20TH TIME OR THE HUNDRED TIME THAT THEY COME BY, MAYBE THEY SHOULD THINK TWICE BEFORE THEY SELL IT TO THEM. THAT'S UP TO THE OWNERS. [01:10:01] HOWEVER, THIS IS SOMETHING THAT THE OWNER ALSO CAN MONITOR AS WELL. THEY KNOW THEIR CLIENTELE MORE THAN US IN CREATING PROBLEMS AND CREATING RESOURCES THAT WAS TAKEN AWAY FROM THE COMMUNITY. THAT'S ALSO NOT A GOOD THING AS WELL. SO ADDING ONE CONDITION TO REVIEW, AND WE DO IT ALL THE TIME. THIS IS NOT THE FIRST TIME AND THIS WILL NOT BE THE LAST TIME. AND THAT'S WHY WE'RE HERE ADDING CONDITIONS. I MEAN, WE ONLY HAVE SO MANY CONDITIONS. I AGREE. BIG GO LONG LIST. I MEAN WE'RE, WE'RE RIGHT NOW JUST SETTING PRECEDENCE FOR THE FUTURE. AND WE CAN ALSO, YOU KNOW, START MONITORING ALL THE OTHER, UH, BUSINESS OWNERS THAT HAVE ISSUES THAT MAYBE HAVE GONE FAR. YOU KNOW, JUST LIKE THE 200 CALLS FROM THE OTHER BUSINESS THAT HAD SO MANY PROBLEMS THAT WE WEREN'T AWARE OF. SO THIS SHOULD BE SOMETHING MAYBE THAT'S SHOULD BE, UH, IMPLEMENTED WITH ALL BUSINESSES THAT PROVIDE ALCOHOL SALES AND IT'S JUST FOR THE, THE RESIDENTS FOR THEIR PROTECTION. I MEAN, IF, IF THERE ARE THESE ISSUES AT THESE CERTAIN ESTABLISHMENTS WHERE, I MEAN, UM, I'M SURE THE OWNERS ARE NOT HAPPY ABOUT HAVING THE PROBLEMS. MAYBE THERE'S SOMETHING WE CAN DO TO HELP, BUT I, I DON'T THINK IT'S UNFAIR TO HAVE A REVIEW. AND THIS IS SOMETHING THAT, YOU KNOW, AS YOU ALSO SAID, THAT PROBABLY SHOULD BE, YOU KNOW, CITYWIDE, WHY NOT START NOW? SO, IS THERE A SECOND? JUST WANT TO CLARIFY. OKAY. GO AHEAD, COMMISSIONER. I WANNA CLARIFY, UM, SOMETHING THAT, UM, THAT I THINK WAS ATTRIBUTED TO ME AND I, I, I WANT TO MAKE IT CLEAR WHEN I SAY THAT I THINK WE OUGHT TO LOOK AT, UH, CONDITIONAL USE PERMIT COMPLIANCE. I MEAN SPECIFICALLY CONDITIONAL USE PERMIT COMPLIANCE. I DON'T MEAN SOME NANNY STATE WHERE WE'RE LOOKING AT EVERYTHING UNDER THE SUN. I MEAN, WHAT'S, WHAT'S SPECIFICALLY UNDER THE PURVIEW OF THE PLANNING COMMISSION, WHICH IS CONDITIONAL USE PERMITS. AND, AND I THINK THAT WE OUGHT TO TAKE A MORE PROACTIVE ROLE GENERALLY IN TERMS OF GETTING REPORTS AS TO, UM, IF THERE IS A BUSINESS OR A PROPERTY OR WHATEVER THAT IS NOT IN COMPLIANCE. I THINK THAT THAT'S SOMETHING WE OUGHT TO TAKE A LOOK AT IN A MORE PROACTIVE MANNER. I, I I, I THINK ADDING IT AS WE GO, UM, WOULD JUST BE FRANKLY, A LITTLE BIT REDUNDANT BECAUSE OF THE FACT THAT WE DO HAVE ALL OF, IN EVERY SINGLE CUP THERE IS THE SAVINGS CLAUSE THAT SAYS THAT WE CAN SUSPEND REMOTE REVOKE OR AMEND EACH AND EVERY CONDITIONAL USE PERMIT THAT WE HAVE IN THIS CITY. YET IT HASN'T WORKED IN THE PAST, AND WE CANNOT BE, I WE CANNOT BE HELD, HELD RESPONSIBLE FOR WHAT THE, THE COMMISSIONERS HAVE DONE IN THE PAST. COMMISSIONER LEWIS, MAY, MAY I SPEAK? YES. OKAY. UM, AND, AND SO ULTIMATELY, I I, I JUST LOOK AT IT AS ONE OF THOSE THINGS WHERE UNFORTUNATELY, YOU KNOW, NOT EVERYTHING IS GOING TO GET REPORTED OR ANYTHING LIKE THAT, BUT I, I I, I, I LOOK AT IT AS AT LEAST IT'S A START. 'CAUSE UNFORTUNATELY WE DON'T HAVE A MASSIVE, UH, WE DON'T HAVE A MASSIVE BUREAUCRACY IN, IN WEST COVINA, OR FORTUNATELY, I DON'T KNOW, THERE, THERE MAY BE GOODS AND BADS TO THAT. BUT WITH REGARD TO, WITH REGARD TO WHAT WE DO HERE, WE DON'T HAVE A MASSIVE BUREAUCRACY. AND SOMETIMES THINGS DO FALL THROUGH THE CRACKS. BUT, YOU KNOW, IF WE'RE GONNA, IF WE'RE GONNA CREATE A, A REQUIREMENT THAT STAFF DOES EACH AND EVERY SINGLE ONE OF THESE ON AN ONGOING BASIS AND MONITORS EACH AND EVERY SINGLE ONE OF THESE ON AN ONGOING BASIS, WE JUST DON'T HAVE THE STAFF FOR THAT. IF, IF WE HAD THE STAFF FOR THAT, THAT WOULD BE ONE THING. BUT IF WE'RE GOING AROUND AND WE'RE LOOKING FOR SQUEAKY WHEELS AND THEN REPORTING BACK TO US, THAT'S ANOTHER THING. AND, AND WE CAN FIND THOSE THINGS. BUT, BUT GOING, BUT GOING THROUGH AND, AND MAKING AN ADDITIONAL AFFIRMATIVE REQUIREMENT ON STAFF, WHICH HONESTLY, AS MUCH AS I LOVE OUR STAFF, THERE'S NOT ENOUGH OF THEM. THEY DON'T HAVE THE CAPABILITY TO, TO CONSISTENTLY MONITOR EACH AND EVERY SINGLE ONE OF THESE. SO THAT WOULD BE MY ONLY CONCERN ABOUT THIS. WE HAVE, WE, WE IMPOSE THESE ADDITIONAL REQUIREMENTS, AND THEN WE DON'T HAVE THE ABILITY TO, TO FOLLOW UP ON THEM. AND THAT'S, THAT'S THE PRACTICAL CONSIDERATION ON ALL OF THIS. WELL, JOANNE ALREADY SAID THAT CODE ENFORCEMENT IS WORKING VERY CLOSELY WITH LAW ENFORCEMENT, SO THEY ARE ALREADY GETTING THAT, THAT IN ORDER. AM I CORRECT? THAT STATEMENT IS CORRECT. AND THEN, UH, SO JUST TO CLARIFY, UH, COMMISSIONER [01:15:01] LEWIS'S MOTION COMMISSIONER, UH, SORRY. COMMISSIONER HAYS MOTION, UH, DO YOU WANNA REPORT FOR EVERY INCIDENT THAT OCCURS OF A POLICE CALL? OR DO YOU SPECIFICALLY WANT LIKE A F FELONIES OCCURRING ON THE PROPERTY OR MISDEMEANORS? A COMMISSIONER HANK? IT'S JUST AN ANNUAL REVIEW BY THE PLANNING COMM, UH, BY THE COMM, UM, THE PLANNING DEPARTMENT. ANYTIME THERE'S A POLICE CALL, I MEAN, WE COULD TAKE IT INTO CONSIDERATION AT THE REVIEW. OKAY. SO I BELIEVE THAT IS, IS THERE A, YEAH, IS THERE A SECOND TO THAT MOTION? I'LL SECOND. OKAY. WE HAVE A MOTION BY COMMISSIONER HANG AND A SECOND BY COMMISSIONER BERA. UH, JOAN, UH, JOIN, CAN YOU, UH, CONFIRM THE MOTION AND THEN DO ROLL CALL? THE MOTION WAS, UM, IS FOR RESOLUTION 24 DASH 6 1 41, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA APPROVING CONDITIONAL USE PERMIT NUMBER 23 DASH NINE WITH THE ADDED CONDITION FOR REQUIRING AN ANNUAL REVIEW OF THE CONDITIONAL USE PERMIT. AND ALSO, UM, ADDING A, UM, THE REQUIREMENT FOR AN A BC LICENSE. JOANNE, UH, FOR CLARIFICATION, I THINK IT WAS ORIGINALLY WORDED TO RETURN WITH, UH, IN 12 MONTHS, WHICH IS DIFFERENT THAN AN ANNUAL REVIEW ON AN ONGOING BASIS. OKAY. SO TO RETURN IN 12 MONTHS, SO WITHIN 12 MONTHS FROM THIS DATE. RIGHT. OKAY. YOU COULD DO A ROLL CALL. COMMISSIONER LEWIS? NO. COMMISSIONER. HANG. COMMISSIONER BERA. AYE. VICE CHAIR WILLIAMS? NO. COMMISSIONER. UM, SORRY. CHAIR GUTIERREZ. AM I AT THE SIGNING LOAD HERE TONIGHT? ? JUST KIDDING. NO. UM, GOING TO ABSTAIN. SO THE MOTION FAILS. MOTION FAILS. WHAT PART DIDN'T YOU, DO YOU HAVE A PROBLEM WITH? I'M JUST ASKING. I ALREADY KNOW WHAT YOU HAVEN'T BEEN VOICED, WHAT YOUR OPINIONS ARE. YOU KNOW, IT'S, I DON'T THINK THAT IT'S UNETHICAL TO REVIEW. I THINK THAT SHOULD, THAT SHOULD BE DONE. YOU KNOW, IT'S JUST FOR PROTECTION OF THE CITIZENS AND, YOU KNOW, TO ENSURE THAT EVERY BUSINESS IS DOING ITS PART AS WELL TO, TO MAKE SURE THAT, YOU KNOW, THEY HAVE AT LEAST AMOUNT OF CRIME POSSIBLE, ESPECIALLY AS IT'S BEEN ESCALATING. SO, I, I DON'T THINK THAT'S UNREASONABLE TO APPROVE IT AS IS WITH JUST A REVIEW. UH, UH, THAT'S, YOU KNOW, CHAIR, IF I MAY GO, GO AHEAD. UM, I, I CAN PROACTIVELY PROPOSE THAT I CAN BRING IN, UM, A REPORT FOR ALL CONDITIONAL USE PERMIT APPLICATIONS OF THIS TYPE CONDITIONAL USE PERMIT FOR BEER AND WINE, BEER AND WINE SALES, UM, WITHIN SERVICE STATIONS, OR WHICHEVER REPORT THE PLANNING COMMISSION WISHES STAFF TO BRING IN ON AN ANNUAL BASIS. UM, NOT, NOT NECESSARILY TIED TO THIS APPLICATION, BUT OVERALL I CAN, I CAN GO AHEAD AND PROPOSE THAT AND PUT THAT, PUT THAT, UM, IN AN AGENDA, IN A FUTURE PLANNING COMMISSION MEETING DATE. UM, I CAN, I CAN GO AHEAD AND DO THAT IF THAT'S SOMETHING THAT YOU FEEL IT WOULD HELP THE PLANNING COMMISSION IN MAKING THE DECISION TONIGHT. I'D LIKE TO ADD THAT I WAS BUSY LOOKING FOR A LETTER FROM ONE OF OUR RESIDENTS THAT LIVE IN THE AREA, HAD REQUESTED TO LIMIT OUR AND ALCOHOL SALES, AND ALSO A VARIETY OF DIFFERENT THINGS, BUT I JUST CAN'T FIND IT RIGHT NOW. UM, AND ALL SERVICE STATIONS OR CONVENIENCE STORES ARE ALSO CONCENTRATED IN A CERTAIN SECTORS ABOUT CITY, AND THIS WILL BE THE FIRST ONE THAT'S COMING UP. THERE WILL BE MORE THAT WILL BE COMING UP. REVIEWING OF HOW BUSINESSES, WHEN WE CAN, WHEN WE PROVIDE OR APPROVE CONDITIONAL JU USE PERMIT IS PRETTY COMMON IN THE PAST. FOR EXAMPLE, UM, I BELIEVE RECYCLING, [01:20:02] WE REVIEW THEM EVERY SIX MONTHS OR SO. UM, STAFF HAVE DONE THAT IN THE PAST TO MAKE SURE THAT THEY'RE TAKEN CARE OF ALL THE TRASH OR THE RECYCLE AND NOT JUST LEAVE A MESS ALL OVER THE PLACE. SO IT'S PRETTY COMMON TO REVIEW BUSINESSES. THIS PARTICULAR ITEM THAT CAME BEFORE US FOR THE LAST, I DON'T KNOW, EIGHT YEARS OR SO, HAS ALWAYS BEEN IN ISSUES. AND BECAUSE THE CODE WAS NOT ALLOWED FOR ALCOHOL, SALES AND GAS STATIONS, IT'S ALWAYS BEEN REJECTED BY RESIDENTS AS WELL. NOT ONLY FOR THIS PARTICULAR BUSINESS, IT'S JUST THAT THE TYPE OF BUSINESSES THAT IT IS, THEY'RE CONCERNED THAT IT'S CLOSE TO SCHOOL, THAT THEY'RE CONCERNED THAT IT'S CLOSE TO PARK. THEY'RE CON, YOU KNOW, RESIDENTS ARE CONCERNED THAT THIS MIGHT BE BRINGING A NEGATIVE IMPACT TO THEIR NEIGHBORHOOD. AND THIS PARTICULAR GAS STATIONS IS REALLY HEAVILY CONCENTRATED ON THE NORTH WEST, NORTHWEST OF ALL CITY. IF YOU LOOK AT IT, THIS IS NOT THE FIRST TIME IT CAME IN FRONT OF US. THE MAP HAS ALL THE LOCATIONS OF ALL THE GAS STATIONS HERE. SO REVIEWING ANNUAL, WHETHER IT'S ANNUAL REVIEW OR ONE TIME REVIEW TO SEE HOW THE BUSINESSES ARE DOING, IT'S NOT UNCOMMON AND IT'S NOT SINGLING OUT. WE DO WANNA HELP THE BUSINESS AND THEY ARE OUR VERY, VERY FIRST ONE. AND MAKING SURE THAT THE BUSINESSES GO WELL, NOT ONLY FOR THE BUSINESS AND ALSO FOR THE RESIDENTS, AND ALSO AS A BUSINESS OWNER, THEY WILL ALSO TAKE CARE OF THEIR BUSINESS AS WELL. IF THEY SEE THAT PROBLEMS ARE COMING UP AND THAT IF THEY HAVE A CERTAIN ISSUE WITH THEIR BUSINESS, THEY WILL FIND A WAY TO TAKE CARE OF IT. AND THIS IS NOT GONNA BE IMPOSING THE CITY WITH RE USING OUR CITY'S RESOURCES. THEY KNOW WHAT TO DO. THEY NEED TO MONITOR THEIR BUSINESS INSTEAD OF IGNORING IT BECAUSE OF SOME OF THE CONDITIONS THAT WE HAVE IN THERE. SO IT'S JUST, I AM VERY CONCERNED FOR THE NEIGHBORS THAT LIVE IN THAT AREA. IT MAY NOT BE AN ISSUE AT ALL, AND THEY STILL HAVE THE ALCOHOL SALES. HOPEFULLY IT'S SUCCESSFUL AND HOPEFULLY THEY CAN CONTINUE ON AND NOTHING HAPPENED. HOWEVER, IF THERE'S AN ISSUES OUT, THE CITY ACTUALLY HAD TO ADDRESS THAT. WHETHER THEY, THE ISSUES COME FROM ALL THE RESIDENTS THAT LIVE IN THAT AREA, WE NEED TO KNOW ABOUT IT. DEFINITELY. YOU KNOW, ALL THE OTHER BUSINESSES THAT, LIKE, LET'S SAY BARS WHERE THEY HAVE DANCES, YOU KNOW, UM, DJS, THEY HAVE TO HAVE SECURITY GUARDS. UH, THE ELKS LODGE, UM, I'VE HAD PARTIES THERE. I'M A MEMBER, BUT EVEN IF I HAVE PARTIES, THERE WE'RE REQUIRED TO HAVE SECURITY GUARDS. THERE WAS AN ISSUE AT THE RIVERSIDE ELKS WHERE AT A BABY SHOWER, UH, ONE OF THE PERSONS ATTENDING THE BABY SHOWER WAS SHOT AND KILLED. SO NOW THEY IMPOSE. SO, YOU KNOW, YOU CAN GO AND CHANGE YOUR, YOU KNOW, YOUR RULES. LIKE, YOU KNOW, YOU KNOW, WHO SAYS YOU CAN'T CHANGE RULES, LET'S CHANGE THE RULES. LET'S MAKE EVERYTHING SAFER. I HAVE A, I HAVE A QUESTION FOR THE APPLICANT. CAN APPLICANT COME BACK OUT? THANK YOU. GREAT. GREAT. UM, I JUST HAVE A COUPLE QUESTIONS. THE FIRST QUESTION IS, UM, THE CURRENT CAMERAS YOU HAVE, ARE THEY, DO THEY RECOGNIZE FACIAL RECOGNITION? YOU'RE GOOD CAMERAS? YES, SIR. OKAY. SECOND. UM, THE ONLY CONCERN I HAD WAS I, I SAW THAT THE, THE BEER AND WINE WAS NEXT TO THE COOLERS THAT HAVE THE JUICES, THE WATERS, AND THE SODAS. UM, AND I KNOW THERE'S A LOT OF KIDS THAT GO THERE, GO THERE DURING THE AFTER SCHOOL AND SO FORTH. AND I DO KNOW THAT, I KNOW YOU HAVE SPACE, UM, YOU HAVE MORE SPACE. UH, WHERE'S THE, THE BULK BEER SALE WAS PROPOSING TO GO. AND I KNOW, UM, OBVIOUSLY WHOEVER YOUR, UM, YOUR, UM, PEPSI OR COCA-COLA OR WHOEVER YOUR SUPPLIER IS, I KNOW THEY ALSO HAVE A PROGRAM READY. THEY GIVE, UM, THEY KIND OF LEND YOU A FREE REFRIGERATORS WHEN YOU NEED MORE AND STUFF LIKE THAT. UM, LOGISTICALLY, IS IT DOABLE IF THE BEER AND WINE WAS IN ITS OWN SECTION AWAY FROM THE REGULAR JUICES AND SODAS? LIKE, IF YOU WERE TO HAVE THREE REFRIGERATORS, THREE REFRIGERATORS ON, [01:25:01] FOR EXAMPLE, WHERE THE BULK BEER SALE WAS PO PO PROPOSING TO GO AT. SO THAT WAY WHEN KIDS ARE GOING IN THERE, THEY ONLY SEE THAT SECTION. AND THEN, AND THEN AS A KID, YOU KNOW, BETTER, OR YOU, YOU MIGHT GET IN TROUBLE, OR YOUR MOM OR DAD. IF YOU GO TO THE BEER SECTION ON THE, THE OTHER SIDE, IT SAYS SOMETHING THAT'S LOGISTICALLY DOABLE AT THIS TIME. MM-HMM. . YEAH. I MEAN, OBVIOUSLY I DON'T WANNA PUT A BURDEN ON YOU, BUT, UM, I'M JUST THINKING OF LIKE, FOR EXAMPLE, MY LITTLE NE MY LITTLE NEPHEWS OR LITTLE KIDS THAT GO IN THERE DURING, AFTER SCHOOL, OBVIOUSLY I KNOW A LOT, A LOT OF LOCATIONS THESE DAYS HAVE OBVIOUSLY REGULAR DRINKS ON ONE SIDE. AND, AND ANOTHER SIDE IS USUALLY THE BEER AND WINE SECTION. UM, AND THEN ALL, UH, YEAH. SO, UM, NOW, SORRY, , EVERYONE WANTS TO KNOW WHAT YOU JUST SAID. SO, UH, MY QUESTION AGAIN, SORRY. IF YOU COULD REPEAT IT, UH, 'CAUSE WE ONLY WANT TO HEAR AT HOME. UH, THE QUESTION WAS, UM, THERE'S SO MANY KIDS THAT GO IN THE, YOUR GAS STATION, YOU HAVE A UNIQUE LOCATION, RIGHT, RIGHT DOWN THE STREET FROM A MAJOR SCHOOL. AND A LOT OF KIDS LIKE GOING IN THERE. MY ONLY CONCERN WAS HAVING SODA JUICES AND WATER RIGHT NEXT TO THREE REFRIGERATORS THAT ARE GONNA HO THEY'RE GONNA THAT'RE GONNA, THAT'S GONNA HAVE ALCOHOL BEVERAGES. AND, AND I KNOW DO DIFFERENT PARTNERSHIPS LIKE WITH PEPSI OR COCA-COLA, SOMETIMES THEY'LL GIVE YOU EXTRA REFRIGERATORS, RIGHT? THAT OBVIOUSLY YOU COULD LOCK IN AFTER 2:00 AM AND SO FORTH. SO I WAS JUST WONDERING IF YOU'RE WILLING, UM, AND OBVIOUSLY NOT TO PUT A BURDEN ON YOU, BUT, AND OBVIOUSLY TO PUT A OUR KIDS, OUR LOCAL CHILDREN FIRST. UM, IS THAT SOMETHING YOU'RE WILLING TO DO TO RELOCATE THOSE REFRIGER, THE BEER AND WINE LOCATE REFRIGERATORS TO WHERE THE BUG BEER SALE WAS SUPPOSEDLY PROPOSING TO GO? I'M CONCERNED WITH THE CHILDREN. YOU KNOW, WE'VE BEEN SERVING THE CHILDREN. THEY'RE THERE EVERY AFTERNOON AND, AND WE'RE LIKE THREE OR FOUR EMPLOYEES ON DUTY AT THAT TIME. SPECIFICALLY, THEY COME FROM THREE TO FOUR OR SOME WEDNESDAY, THEY COME EARLY LIKE TWO O'CLOCK. WE KNOW THE SCHEDULE. UH, LIKE I SAID, WE DID DESIGN AS FAR AS WE COULD FROM THE DOOR, FROM THE COUNTER, FROM THE CASHIER. BUT IF YOU WANT TO PUT A CONDITION, YOU KNOW, I CAN AGREE WITH YOU. IF YOU WANT ME TO ONLY HAVE IT IN THE, WHERE THE BULK SALE IS RIGHT NOW, WE CAN PUT A COOLER THERE. COURSE IT WILL BE EXTRA BURDEN. COULD BE, YOU KNOW, 30, 40, $50,000. I'M NOT SURE AT THIS POINT, BUT I'M WILLING TO DO IT IF THAT'S THE ONLY CONDITION THAT I CAN MEET. WELL, I WANT, YEAH. AND I'LL ENCOURAGE YOU TO OBVIOUSLY USE YOUR PARTNERSHIPS YOU HAVE, LIKE WITH WHOEVER YOUR, YOUR DRINK SUPPLIER IS AND YEAH. AND HOPEFULLY THEY ACTUALLY GIVE IT TO YOU. YEAH, I'M SORRY. LIKE YEAH, NOBODY DO NOTHING FOR YOU. IT'S JUST, IT'S GONNA BE EVERYTHING ON ME. RESPONSIBILITY YEAH. IS ON ME. I'M FULLY RESPONSIBLE PERSON. I WILL TAKE ALL FUTURE RESPONSIBILITY. I CAN'T GO TO COKE AND PEPSI, TELL 'EM, MY COUNCIL MEMBER OR COMMISSIONER TOLD ME TO BUILD A CO. THEY, THEY JUST KINDA LAUGH. THEY WON'T DO IT AT ALL. I'LL DO IT FROM MY POCKET. WE WILL APPROVE IT. WE'LL COME TO HAVE A, GET THE PERMIT FROM THE JOANNE AND THE BUILDING, AND WE'LL, WE'LL, WE'LL BUILD A PERMIT, A COOLER THERE. I MEAN, OBVIOUSLY WE'LL HAVE ONLY BUILDING. YEAH. I MEAN, OBVIOUSLY YOU HAVE, UH, CUST YOUR, YOUR OWN COOLERS ON ONE SIDE. SO MAYBE THERE'S A WAY TO RELOCATE THOSE THREE SINCE, UH, SINCE YOU SAY YOU'RE SAYING THEY'RE GONNA BE REFURNISHED OR REDONE OR SOMETHING. IT HAS TO BE BUILT THERE. OKAY. SO YOU HAVEN'T BUILT THE REACH END COOLER IS NOT DOABLE. YOU CAN'T STOCK, YOU KNOW, THOSE ARE LIKE, IF YOU HAVE AN IMPULSE ITEM OR SOMETHING, THIS IS ANOTHER IMPULSE ITEM. THIS IS OUR REGULAR ITEM. WE NEED THREE DOOR AND YEAH, I, I CAN BUILD A COOLER THAT'S YEAH. I'LL COMMIT IT TO TONIGHT. AND THAT'S WHERE WE END, THAT'S WHERE WE END AND YEAH. AND SO MAYBE PEPSI WILL GIVE YOU SODA MACHINES FOR THAT, WHERE THEIR DREAMS ARE GOING OR SOMETHING. WE'RE NOT WORRIED ABOUT PEPSI OR ANYBODY. YEAH. PERFECT OF COLOR. WHOEVER. YEAH. SO, UH, YEAH, SO GREAT. THAT'S ALL MY QUESTIONS I HAVE. AND AS FAR AS THE SAFETY, LIKE YOU GUYS, YOU KNOW, UH, UH, COMMISSIONER HANK WAS CONCERNED ABOUT ALL THE SECURITY AND ALL THE FUTURE PROBLEM MAY ARISE. DO, DO YOU HAVE IN A CONDITIONAL USE PERMIT? MY CUP CAN BE TAKEN AWAY [01:30:01] ANYTIME FOR THAT MATTER. ANYBODY'S CUP CAN BE TAKEN AWAY ANYTIME WITH THE CURRENT CODE YOU HAVE ON THE BOOK. AND JUST TO CLARIFY THAT, I BELIEVE, UH, THE COMMISSIONER'S COMMENTS WERE OBVIOUSLY NOT SPECIFICALLY TARGETING YOU, WAS, IT WAS IN GENERAL, THIS APPLICATION THAT SAID THAT SHE JUST WANTS AN UPDATE. IT'S, THERE WAS NO CONDITION PUT IN THERE. HER IDEA WAS NOT TO PUT A CONDITION IN THERE SAYING THERE THAT THIS COMMISSION OR ANYONE COULD REVOKE IT. AT THAT TIME, IT WAS JUST A REVIEW. IT'S ALREADY ON THE, EVEN MY CURRENT GASOLINE, CUP, YOU CAN TAKE THAT AWAY FROM ME ANYTIME. YEAH. IF IT IS, YEAH. OUTTA WHACK. I THINK THAT WAS THE, I CALL IT, YOU KNOW. YEAH. THAT'S NOT THE INTENTION THOUGH. THAT'S, THAT'S, BUT, UH, COMMISSIONER, HANG, GO AHEAD. UM, SARAH, MR. SALA, IS THAT IKER KER THAT'S THE, UH, UH, PLANNER. WE, WE HIRED, UH, I'M SORRY, CAN YOU SAY YOUR NAME? MY NAME IS SO SCHOCHER. SO SCHOFER SODI SCHOCHER CHAUFFER. MR. S CHAUFFER. UH, CAN I ASK YOU, FIRST I WANNA TELL YOU, THANK YOU FOR ENDURING THIS TONIGHT, BUT WE REALLY, REALLY AM GRATEFUL THAT YOU ARE, BECAUSE YOU'RE HELPING SET, YOU KNOW, THE PACE FOR THE FUTURE. YES. EVERY FUTURE GAS STATION SHOULD SEND YOU A THANK YOU CARD, . I RESPECT ALL THE COMMENT. I WILL CONSIDER EVERY COMMENT THAT, AND WE APPRECIATE YOU, YOU AS A BUSINESS CARD. I WANT YOU TO KNOW THAT WE DON'T WANT THAT TO GET LOST IN ALL THIS. NO, NO, NO, NO. AT THE END OF THE DAY, I, IT'S, IT'S ALL ON ME. I AM IRRESPONSIBLE PERSON. THE THE HISTORY DOES APPROVE THAT. AND I WILL BE RESPONSIBLE PERSON GOING FROM FORWARD, YOU KNOW, IT, IT IS A AND IT'S, IT'S NOW MONITORED BY CITY STATE LAW. THEY DO A UNDERCOVER TEST ON A STORE CONSTANTLY ALL THE TIME. EVERY STORE THERE'S A UNDERCOVER GOES INTO TRY TO BUY BEER AS A, AS A DECOY, AS WELL AS OUR POLICE WILL ALSO UNDERCOVER DECOY US. YOU KNOW, THAT'S FOR TOBACCO. THAT'S FOR ALCOHOL. YES. AND THAT, I BELIEVE THAT IS, YOU KNOW, THAT AGAIN, THAT'S, I BELIEVE THAT IS A GOOD ENOUGH, YOU KNOW, CONDITION THAT WE DON'T EVEN KNOW WHEN THEY'RE GONNA COME. THEY'LL COME MYSTERY SHOPPING, RIGHT? NO, THAT'S THAT IF I'M SELLING BEER TO EVERYBODY, I'M GONNA WIND UP SELLING THEM. THAT MAKES YOU YOUR OWN POLICE. YES. . SO, SO IT IS, IT IS, IT IS VERY RESTRICTED PRODUCT. IT IS VERY RESTRICTIVELY, YOU KNOW, SOLD IN THE STORE. IT IS, IT IS HIGHLY, YOU KNOW, NEEDED TRAINING TO STAFF, WHICH WE WILL. AND IT, IT NEEDS A CONS. ID CHECK AND WE HAVE A TOOL WHERE THEY CAN CHECK THEIR ID, IT WILL VERIFY IT. THERE'S A LOT MORE THAN, THAN WE CAN ALL IMAGINE HOW MUCH WE GO THROUGH FOR, YOU KNOW, IF I SELL IT TO UNDERCOVER, IF I'M NOT SAFE, I HAVE A CONTAINER LAYING DOWN. IF I LET PEOPLE DRINK LIKE A CARWASH CUSTOMER, UH, UH, MR. GUTIERREZ, I, IT IS NOT ALLOWED IT PER STATE. THERE'S A LOT OF STATE LAW. YOU HAVE A VERY NICE BUSINESS. I'VE BEEN THERE. I'VE USED YOUR CAR WASH. YES, I'VE GOT GAS THERE. IT'S ALWAYS CLEAN. UM, IT, IT'S A VERY NICE BUSINESS. LAST THING, I WANT THAT SERVING BEER AND HAVE A CALL, GOING TO PLEASE. THAT'S THE LAST THING I WANT. YEAH. YEAH. IT WOULD BE NOBODY, CONTAINER WOULD NOT BE LOUD, WILL BE CALLING THE POLICE ON THE CUSTOMER. IF YOU ABSOLUTELY COME OPEN THE CONTAINER THERE. THAT'S, THAT'S AGAINST MY POLICY. RIGHT. AND THAT'S WHY WHEN THE REVIEW COMES, IF IT'S SOMETHING THAT YOU'VE CALLED FOR HELP, YOU KNOW, IT JUST, BUT ALSO I WANTED TO ASK YOU, SO SURE. YOU KNOW, AGAIN, SO LET'S JUST SAY, YOU KNOW, AND AGAIN, AS, AS A BUSINESS OWNER, OWNER OR GAS STATION, YOU, THERE ARE PROBLEMS REGARDLESS IF YOU HAVE ALCOHOL OR NOT. YES. SO WHAT WOULD YOU SAY IN THE PAST YEAR THAT YOU'VE HAD ANY? ZERO. OKAY. IT'S MY, MY WIFE, MYSELF, MY SON, HE'S HERE AND MY OTHER SON. WE'RE ALL, ALL OF US THERE. WE'RE THERE TO HELP PEOPLE. WE DON'T CREATE A PROBLEM. WE HAVE, WE DID HAVE A HOMELESS ISSUE. WE'RE OUT THERE TO TAKING CARE OF THEM. WE'RE WALKING THEM TO THE HOSPITAL. WE, WE, WE'RE, WE'RE, WE'RE FAMILY OPERATION. WE'RE NOT THE PROBLEM. SO WE'RE LIKE, WE SERVE OUR COMMUNITY WELL. WE WILL, THE PROBLEM USUALLY COME ARGUMENT, THE PEOPLE NOT FAMILIAR WITH THE CITY, OR THEY'RE JUST ONLY A PROFIT MINDED, A BUSINESS OWNER. WE ARE THERE TO SERVE OUR COMMUNITY. WE DON'T WANT TO PROBLEM. THAT'S WONDERFUL. AND THIS IS ONLY, I DON'T HAVE ANY PROBLEM. THIS IS ONLY TO ENSURE THAT ALL THE FUTURE GAS STATIONS WHO WANNA IMPLEMENT THIS CHANGE IN THE FUTURE WILL AS RESPONSIBLE AS YOU. DO. YOU UNDERSTAND? SO IT'S, AND, AND IT'S NOT, WE'RE NOT, WE'RE NOT SAYING THAT YOU'RE THE BAD PERSON. RIGHT. WE'RE SAYING AS THAT, UH, AND I CAN SPEAK ON MY OWN, BUT, UM, STATISTICS HAVE SHOWN WHEN SOMEONE STARTS SELLING ALCOHOL IN THEIR BUSINESS, OKAY, YOU'LL GET A DIFFERENT CROWD OF PEOPLE GOING TO YOUR BUSINESS. SO THAT'S WHAT THEIR QUESTIONS WERE IN REGARDS TO THE CAR WASH. I KNOW YOU'RE NOT GONNA AUTHORIZE [01:35:01] OR ALLOW DRINKING ON YOUR PATIO, BUT I WANNA MAKE SURE THAT IF SOMEONE DOES OPEN A CAN THERE RIGHT. THAT YOU KNOW, THAT YOU HAVE TO REGULATE THEM AND TELL 'EM, STOP OR, OR EVEN CALL THE POLICE ON THEM IF THEY REFUSE THE POLICE THEM. YEAH. SO, YEAH, IT'S NOT SOMETHING, NOTHING AGAINST YOU. ABSOLUTELY NOT, NOT IT JUST EVERYDAY RESPONSIBILITY. WHETHER YOU SELL BEER, WE'RE SELLING TOBACCO. MM-HMM. , YOU KNOW, TOBACCO IS MORE TO THE KIDS. LIKE, YOU KNOW, THERE'S A LOT OF KIDS COME TRY TO BUY IT. WE, WE ARE STRICTLY, YOU KNOW, UH, PROHIBIT THAT. WE, WE TELL THEIR PARENTS. THERE'S A LOT OF PARENTS THAT DROP THEM OFF AT MY SITE, AND I'M FAMILIAR WITH THEIR PARENTS. I'M FAMILIAR WITH THEIR, YOU KNOW, SCHOOL. ALL THE SCHOOL TEACHERS, THEY SHOP AT THE STORE. MM-HMM. . THEY BUY THE GAS, ALL THE BUSES COME THERE. WE KNOW THE BUSES DRIVER, YOU KNOW, AND WE HAVE A COMMUNICATION, ONGOING COMMUNICATION WITH THEIR, WITH THEIR CHILDREN'S PARENTS, WITH THEIR TEACHER, WITH THE PRINCIPAL, AND, UH, WITH THE BUS DRIVER. AND WE WORK, WE, WE, WE SELL FUEL ON ACCOUNT RECEIVABLE TO SCHOOL DISTRICT. SO ALL THE SCHOOL DISTRICT EMPLOYEES COME THERE, THEY DRIVE THEIR CAR. SO, SO WE, WE WILL, YOU KNOW, HANDLE AS, AS BEST WE CAN. THAT'S ALL I CAN PROMISE. MM-HMM. . BUT YET THERE WAS A PROBLEM COME UP. WE, WE WILL, UH, YOU KNOW. YEAH. I, I HAVE NO DOUBT THAT YOU'LL BEING THE WAY, WAY WE SUPPOSED TO HANDLE IT, YOU KNOW, CALL THE POLICE. MM-HMM. GET HELP, UH, YOU KNOW, HAVE EXTRA EMPLOYEE THERE. UH, AND ALSO HOURS ARE RESTRICTED BY STATE. YOU CANNOT EVEN, STATIONS OPEN 24 HOUR. AND WE DO LIKE, CLOSE THE DOOR. WE DON'T SERVE, LIKE WE, YOU KNOW, THERE'S A, UH, THE CUSTOMER USUALLY AFTER MIDNIGHT, THEY DON'T WALK IN. WE JUST SERVE THROUGH THE WINDOW, YOU KNOW, AND WE WILL, YOU KNOW, HAVE THAT PRACTICE ONGOING. YOU KNOW, IF WE SEE A LOT OF CARS THERE, A LOT OF GATHERING THERE. WE CLOSE OUR DOORS AND WE SERVE THROUGH WINDOWS, YOU KNOW, AND, UH, SO THERE'S A LOT OF MONITORING THAT WE DO, AND WE'LL PROHIBIT A LOT OF THE ISSUES THAT, THAT YOU HAVE A CONCERN ON, YOU KNOW? YEAH. GREAT. YEAH. I THINK THAT'S ALL. ANY MORE QUESTIONS, APPLICANT? OKAY. THANK YOU. THAT'S ALL. THANK YOU. THANK YOU. AND SO, WITH THAT BEING SAID, I WOULD LIKE TO MAKE A MOTION, UM, DO I HAVE MY COLLEAGUE SUPPORT? MY MOTION WILL BE TO INTEGRATE, UH, COMMISSIONER HANK'S ORIGINAL MOTION, WHICH WAS, UH, THERE'S, UH, THREE ITEMS I WANNA ADD. SO THE FIRST WILL BE, UH, I THINK COMMISSIONER HANG MENTIONED, UH, ANNUAL REVIEW OF CRIMES OCCURRING. NOW, IF, IF MY COLLEAGUES ARE OKAY WITH THIS, WE DON'T WANT, OBVIOUSLY WE DON'T WANNA REPORT, UH, A A REPORT LIKE THIS OF PEOPLE STEALING CANDY. SO I THINK, THINK WE DO NEED TO BE A LITTLE MORE SPECIFIC ON THAT. SO I'LL SAY, UH, IF ANY, UH, REPORT OF MISDEMEANORS AND FELONIES OCCURRING AT THE LOCATION, SO THAT WAY WE'RE NOT GETTING, UH, PENNY PETTY STUFF, UH, HAS NOTHING TO DO WITH ALCOHOL OR, OR VIOLENCE OR, BECAUSE THAT'S NOT GONNA BE UNDER, UM, A, UH, INFRACTION. WE DON'T WANT A TICKET OUTSIDE THE, IF A POLICE OFFICER PULLS SOMEONE OVER IN THE GAS STATION, OBVIOUSLY WE DON'T WANNA REPORT ON THAT. SO, UH, WHAT WE WANNA REPORT, WHAT WE WANNA DIG INTO IS ANY MISDEMEANORS AND FELONIES OCCURRING ON THE PROPERTY. SO, JUST TO BE MORE CLARIFIED ON THAT. AND THEN THE SECOND THING, IF POSSIBLE, BE TO, UM, UH, WHAT WAS THE SECOND THING? UH, COMMISSIONER HANG MENTIONED A C OH, YEAH. UH, OH, YEAH, GO AHEAD. A, B, C, ALCOHOL. OH, YEAH. AND TO ADD THE WORD, THE, THE ADDITIONAL WORDING REGARDING THE HAVING TO OBTAIN AN A, B, C LICENSE, OBVIOUSLY, AND THEN MY DIRT CONDITION, UM, AFTER SPEAKING TO THE OWNER, I, I, I, I BELIEVE IT'S DOABLE, WHICH WILL BE TO, UM, UH, PUT THE BEER AND WINE IN ITS OWN SECTION AWAY FROM, UM, WATER JUICES AND SODA. SO THAT WAY YOUNG, YOUNG KIDS COMING DOWN THE STREET FROM THE, OUR LOCAL SCHOOLS ARE NOT NEXT TO A, A BEER REFRIGERATOR, UH, WHEN THEY'RE TAKING OUT WATER OR SODA. I THINK THAT, UH, ENSURES ALSO A, I THINK THAT ALSO ENSURES A, A SAFE, A BETTER SAFETY MEASURE TOO. SO NOW THE STORE ASSOCIATES KNOW IF SOMEONE'S GONNA E EVEN IF SOMEONE'S GONNA STEAL A BEER, NOW THEY HAVE ONE AREA WHERE THEY'RE FOCUSING ON, WHICH IS THEIR BEER AND WINE SECTION. NOW, COMPARED TO A MORE BROADER AREA WHERE YOU HAD STOCKPILES OF BULK, A BULK BEER AND SALE, WHICH, WHICH I'M SURE THERE'S MORE ROOM IN THERE TO PUT THEM, BUT, UH, I THINK, I THINK IT'S MORE, MORE SAFETY PRECAUTIONS. AND, AND OBVIOUSLY, AND OBVIOUSLY, UH, I THINK IT GIVES A BETTER, UH, IT, IT DOESN'T ENCOURAGE YOUNG KIDS TO [01:40:01] DRINK AND, AND TO SEE THOSE BOTTLES NEXT TO, LET'S SAY, A WATER BOTTLE. UM, AND I'M SORRY TO MM-HMM, INTERRUPT. BUT I THINK THAT IF YOU'RE PUTTING THEM TOO FAR FROM THE REGISTER, WHICH FIVE FEET IS WHAT'S REQUIRED, UM, I MEAN, IF THEY'RE FAR IN THE CORNER, I MEAN, THEY CAN FIVE FINGER THEM. YOU KNOW, YOU CAN'T WATCH KIDS WHEN THEY'RE DOING THAT. SO I THINK THE FACT THAT THEY NEED 'EM FIVE FEET FROM THE REGISTERS SO THEY CAN MONITOR. WELL, I THINK THEY'RE, THEY'RE FURTHER AWAY. I THINK THEY'RE RIGHT. RIGHT. THEY'RE, THEY'RE, UH, THE REGISTER'S ALREADY OVER HERE. IT'S A PRETTY BIG STORE. IT'S, YOU KNOW, SO, SO AS THEY STAND RIGHT NOW, BECAUSE YEAH. YEAH. SO THEY'RE, THEY'RE ALL, THEY'RE OVER HERE, BUT HE HAS A LOT OF WORKERS WORKING THROUGHOUT THE, THE PLACE, THE CASHIER'S OVER HERE. AND WHERE DO THEY HAVE THEM NOW? THEY'RE OVER HERE. OKAY. SO SHOULD MOVE THESE THREE RIGHT HERE. THAT WOULD BE MUCH FURTHER THOUGH. WOULD THEY BE ABLE TO SEE THEM? WELL, THEY, YEAH. 'CAUSE NOW THEY HAVE A STRAIGHT VIEW, BUT ALSO THEY HAVE MULTIPLE STAFF MEMBERS. THE DOOR WHERE THEY CAN TAKE, WELL, HERE IS HERE OUT, NOW THEY HAVE TO GO LIKE THIS WAY, AND THEY WON'T SEE THEM. THEY HAVE THIS VIEW, AND THEN THEY'LL HAVE, UH, THEY HAVE MULTIPLE STAFF MEMBERS WORKING. I JUST DON'T, I DON'T THINK IT'S RIGHT FOR US TO IMPOSE A $50,000, YOU KNOW, UH, REFRIGERATOR FOR THIS MAN TO HAVE TO I UNDERSTAND WHAT YOU'RE SAYING. MM-HMM. , I TOTALLY UNDERSTAND WHAT YOU'RE SAYING. BUT IF IT'S GONNA CAUSE HIM ADDITIONAL EXPENSE, I DON'T THINK THAT'S YEAH. ADDRESS. YEAH. SO, UM, I'LL, UH, I'LL OPEN UP, UH, PUBLIC COMMENTS. SO, UM, THE APPLICANT'S REPRESENTATIVE COULD COME BACK UP AND, AND ADDRESS SOME OF THE CONCERNS. GO AHEAD. YOU CAN COME UP, COME UP, COME HERE AND, UH, JUST, UH, YEAH, JUST STATE YOUR NAME FOR THE RECORD AND THEN, UH, OBVIOUSLY, UH, YOU'RE REPRESENTING THAT MY NAME IS NARU, I'M SODIS SUN. UM, AS FAR AS THE COOLER, UH, BEING IN A PLACE OF ORIGIN WHERE THE, UH, CHILDREN ARE FURTHER AWAY FROM THE COUNTER, UM, WE ACTUALLY HAVE STAFF MEMBERS THAT WATCH THE CHILDREN IN THE STORE JUST TO MAKE SURE THAT THEY AREN'T DOING ANYTHING THEY'RE NOT SUPPOSED TO BE DOING. SO, UM, THE CHILDREN ARE BEING MONITORED ALREADY WHILE THEY'RE IN THE STORE. UH, JUST FOR THEIR PROTECTION. WE'RE ALREADY WATCHING THEM. SO IN THIS CON CONCERN THAT YOU GUYS HAVE, IT'S, THAT'S PROBABLY ALREADY IN THE A, B, C REQUIREMENTS THAT YOU MONITOR AND DON'T ALLOW UNDERAGE KIDS, YOU KNOW, THEY WILL TRY TO GET, YOU KNOW, WHEREVER THEY CAN. IT'S POSSIBLE THAT A, A CHILD MIGHT TRY TO DO THAT. SO WE ARE DEFINITELY WOULD WATCH THEM AND NOT WOULD WATCH THEM. WE WILL WATCH THEM. AND THIS IS SOMETHING WE'RE DOING ALREADY, AND WE'RE JUST PLANNING TO KEEP THE GOOD, UH, YOU KNOW, THE, HOW WE'RE DOING IT. THE GOOD WAY TO KEEP, KEEP ON DOING IT. IS THERE A WAY MAYBE TO, YOU SEE HOW THERE'S, UH, THREE, THREE BEER AND WINE REFRIGERATORS, ONE, ONE THROUGH THREE, AND THEN NUMBER FOUR IS WATER. YES. IS MAYBE THERE'S A WAY TO, UM, PLACE THAT WATER IN ONE OF YOUR OTHER COOLERS AND THEN PUT SOMETHING ELSE THERE THAT DOESN'T SET. I MEAN, JUST TO PUT LIKE A BUFFER IN BETWEEN, BUT SOMETHING LIKE, UH, DOES THAT'S LESS VISITED KIND OF THING. YEAH. YOU KNOW WHAT I'M SAYING? TO MOVE THAT COOLER, IT'S, UH, JUST A MATTER OF UNPLUGGING IT AND MOVING IT. YEAH. I MEAN, NO, LIKE, FOR EXAMPLE, MAYBE YOU PUT THE, UH, THE BAKERY SMALL THINGS THAT NEED TO BE REFRIGERATED. YOU PUT IT IN THAT ONE SECTION, LIKE A, KIND OF LIKE, IT'S A BUFFER, BUT YOU'RE JUST MOVING THE WATER TO A DIFFERENT, LIKE, TO ONE OF THESE OTHER, UH, BECAUSE PEOPLE BUY WATER A LOT. SO THAT'S WHAT YOU'RE SAYING. YEAH. SO YOU HAVE LIKE WATER AND JUICES RIGHT HERE IN THIS COOLER. SO MAYBE THERE'S, UH, SOMETHING LIKE SOMETHING THAT DOESN'T SELL SO MUCH, LIKE THOSE LITTLE BAKERY PASTRIES, OTHER STUFF YOU HAVE IN YOUR STORE, THE PICKLES, WHATEVER. YEAH. YOU GET WHAT I'M SAYING? YEAH. ANY THOSE CONDITION, YOU CAN, THAT'S A EASY FIX. HAVE IT, WE'LL TAKE IT. YOU KNOW, WE, WE WILL, WE'LL CONSIDER ALL YOUR, YOU KNOW, CONDITION WILL TAKE ANY CONDITION AND ALL CONDITION. WE'RE WILLING TO HAVE IT IN THE WRITING COMPLY WITH ALL YOUR CONDITION. YES, YOU MAY. BUT DO YOU, YOU GET WHAT I'M SAYING? LIKE, UH, IT'S THE CLEAN. I DON'T WANT YOU TO REMOVE, I DON'T WANT YOU TO MOVE THE REFRIGERATOR. I'M JUST SAYING WHAT THE PRODUCT YOU'RE GONNA PUT IN, IN RIGHT THERE. AND THAT SPECIFIC ONE. YOU PUT SOMETHING THAT, MAYBE IT'S THE, THE LITTLE SURE. REFRIGERATOR THINGS. YOU HAVE ANOTHER SECTION KIND OF THING. YEAH. THE WHOLE, SO, SO RIGHT NOW WE'RE NOT, WE'RE CALLED NON-ALCOHOL BEVERAGE COOLER. IT'S A FIXED COOLER. CANNOT BE MOVED. THE MAIN, YEAH. YEAH, THE MAIN DELIVERY. UH, WHEN YOU GO IN JUST STRAIGHT ON THE WALL. MM-HMM. . SO ENTIRE SET HAS TO BE RE PLANOGRAM. YOU KNOW, ONCE YOU ADD BEER AND WINE THERE, THE WHOLE THING GETS, YOU KNOW, IT GOES TO THE INDUSTRY [01:45:01] STANDARD. IT GOES TO THE, UH, OUR EXTRA MILE PEOPLE. THEY WILL RE UH, COSMETIC THE WHOLE COOLER. EVERY SINGLE ITEM. IT'S NOT GONNA BE THERE WITH WHERE IT'S AT. THERE'S A, THERE'S A REDUCTION IN THE ITEM. 'CAUSE YOU ADDING A NEW ITEM, YOU HAVE TO REDUCE THE WATER. YOU HAVE TO REDUCE THE JUICES. NO, I DON'T WANT YOU TO TRY A NEW ITEM. WHAT DO YOU HAVE IN YOUR TO-GO FOOD REFRIGERATOR? UH, AS FAR AS LIKE THE CONCERN, THE MAIN CONCERN IS TO NOT HAVE THE, UH, CHILDREN NEAR THE ALCOHOL. YEAH. UM, FOR THE CONCERN THAT THE CHILDREN MIGHT TRY TO PICK UP THE ALCOHOL. MM-HMM. . UM, THIS IS MITIGATED BY THE FACT THAT WE HAVE A, A STAFF MEMBER WATCHING THE CHILDREN AT ALL TIMES WHEN THEY'RE, UH, IN THE STORE. SO IT'S NOT, UH, IT'S NOT FEASIBLE BECAUSE, YOU KNOW, THEY WOULDN'T, UH, BE ABLE TO DO THE, THE THING THAT THEY, YOU KNOW, WERE SCARED THEY'RE, UH, POTENTIALLY GOING TO DO, BECAUSE WE'RE ALREADY LIMITING THEM FROM DOING IT. RIGHT. THEY'RE NOT GONNA PUT ANY SNICKERS BY THE YEAH. NO, I'M NOT SAYING. YEAH, YEAH, YEAH. WE WOULD NOT, WE WOULD HAVE A, A, YOU KNOW, ITEM. WE CAN PICK UP 10 ITEMS YOU WANT NEXT TO THE, UH, BEER WE HAVE. YEAH, YEAH. NO, OKAY. YEAH. IT WAS JUST A COMMENT. SO WHAT I'M SAYING, WE'RE WILLING TO WORK WITH OUR CITY. WE'RE WILLING TO WORK OUR COMMUNITY. YEAH. WE WE'RE WILLING TO COMPLY, NOT WILLING. WE HAVE TO COMPLY WITH ALL THE LAWS. THEY'RE ALREADY ON THE BOOK. AND THESE CONDITION THAT, THAT, YOU KNOW, COUNCIL MEMBERS PUT ON IT, IT'S VERY, SOME OF THEM ARE HARSH CONDITION, AND WE TOOK 'EM, AND WE, WE WILL COMPLY WITH IT, YOU KNOW? GREAT. THANK YOU. OKAY, GREAT. THANK YOU. UH, SO I'M GONNA OPEN UP COMMISSION DISCUSSION AGAIN. UM, SO, UH, MAYBE, UH, WE VOTE IT AGAIN ON GINA'S MOTION. UH, YEAH. YEAH. IF, UH, YEAH, LEMME JUST, UH, SAY THE COMMENT. UM, SO, SO, UH, COMMISSIONER HANG, HAD, UH, A MOTION EVEN EVENTUALLY, AND THEN COMMISSIONER LEWIS HAD A MOTION. UH, I WILL ENCOURAGE MY COLLEAGUES TO SOMEHOW COME TO AN AGREEMENT ON A, A BALANCE IN BETWEEN THOSE TWO MOTIONS. UM, UH, BUT YEAH, I'LL SAY THAT'S WHAT I WANNA SAY. SO, OR WE COULD BRING THIS BACK FOR THE NEXT MEETING CHAIR. I BELIEVE YOU, YOU WERE MADE A MOTION. I'M GONNA RECALL THAT MOTION. SO, UH, IS THERE, CAN WE VOTE ON SHEENA'S AGAIN? I THINK WE'RE, IF YOU WANNA MAKE A MOTION FOR THAT. YES. YEAH. IT HAS TO BE, THE MOTION HAS TO BE MADE AGAIN, BUT YES. I'LL SECOND THAT. OKAY. UH, ARE YOU MAKING A MOTION? UH, MAKE A MOTION. OKAY. SO, COMMISSIONER ER HAS MADE A MOTION TO BRING BACK COMMISSIONER HANK'S ORIGINAL MOTION, UH, UH, WHICH WAS, UM, TO REQUIRE AN ANNUAL REVIEW. IT WAS A 12 MONTH, 12 MONTH REVIEW, UH, IN 12 MONTHS FROM THIS DATE, REQUIRE A REVIEW, UH, AND ALSO TO ADD, UH, THE WORDING THAT THIS IS A CONDITION ON THE APPROVAL OF AN A BC LICENSE. UH, AND IT'S BEEN SECONDED BY COMMISSIONER HANG. UH, SO JOANNE, CAN YOU, UH, ONCE AGAIN, UH, CLARIFY THE MOTION AND THEN, UH, DO ROLL CALL THE MAY. THE MOTION WAS TO APPROVE RESOLUTION NUMBER 24 DASH 6 1 4 1, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 23 DASH ZERO NINE, UM, WITH AN ADDED CONDITION FOR A 12 MONTH REVIEW. AND, AND REQUIRING STATING THAT JOANNA A B, C LICENSE IS REQUIRED. I'M SORRY, CAN I JUST ADD SOMETHING? SO HE SAYS HE'S NOT GONNA GET THE, UM, UH, THE APPROVAL FROM THE A BC BOARD FOR AT LEAST THREE MONTHS. SO CAN WE MAKE THE INITIAL REVIEWS 15 MONTHS FROM THE TIME THEIR PERMIT IS APPROVED, AND THEN EACH AFTER 12 MONTHS, WOULD THAT BE ACCEPTABLE? SO, UH, COMMISSIONER, UH, BE AMEND HER MOTION, UH, TO ACT CLARIFICATION THAT, IF I'M NOT MISTAKEN, THAT THE REVIEW PERIOD FOR 12 MONTHS SHOULD OCCUR NOW ON THIS DATE, BUT AT THE TIME, THE INITIAL REVIEW ONLY 15 MONTHS, BECAUSE IT GIVES THEM TIME TO GET THEIR APPROVAL. OH, DO YOU WANT WHEN THE A BC LICENSE IS APPROVED? YES, BUT WE DON'T KNOW WHEN THAT'S GONNA BE. LET'S GET, THEY SEND US A LETTER. HUH? THEY SEND US A NOTICE. OH, THEY DO? DO YOU WANNA PUT A SPECIFIC DATE ON THAT, OR SHOULD WE JUST PUT IT FOR 15 MONTHS FROM THE TIME THEY GET THEIR CITY ATTORNEY? WHAT DO YOU RECOMMEND? I, I YOU CAN MAKE IT 12 MONTHS FROM THE DATE THAT THE CITY RECEIVES THE A BC LICENSE APPROVAL. OKAY. IS SO THE, THE FIRST HAS AMENDED THEIR MOTION. DOES THE SECOND CONCUR [01:50:01] COMMISSIONER HANG THAT WOULD BE TO YOU? DO YOU AGREE WITH THE CHANGES TO THE MOTION ON THE FLOOR? YEAH, THAT'S FINE. OKAY. SO THE MOTION HAS BEEN UPDATED. GREAT. SO, UM, WITH THAT BEING SAID, JOANNE, YOU WANNA DO ROLL CALL AND CLARIFY THE MOTION ONE MORE TIME, ? OKAY. THE, THE MOTION WAS TO APPROVE THE CONDITIONAL USE PERMIT WITH THE ADDED CONDITION TO DO A 12 MONTH REVIEW, STARTING FROM THE DATE THE, UM, A B, C ISSUES THE LICENSE, AND A REQUIREMENT TO, UM, REQUIRE AN A BC LICENSE FOR THE USE. I'LL GO AHEAD AND START THE ROLL CALL. COMMISSIONER LEWIS. NO. COMMISSIONER HANG. YES. COMMISSIONER BECERRA? YES. VICE CHAIR WILLIAMS. NO. CHAIR GUTIERREZ ABSTAIN. THE MOTION DIES. SO, UM, I, UH, , SINCE THERE'S A LITTLE CONCURRENCE GOING ON, I WOULD RECOMMEND, UH, I WOULD LIKE TO, UH, I, I WILL LIKE TO GO VISIT LO PROBABLY VISIT THE LOCATION. IF WE CAN'T COME TO AN AGREEMENT TODAY, THEN I, I WILL GO, LIKE, TO GO VISIT THE LOCATION TO SEE THE DI THE, THE IDEA AND THE DIAGRAM, UH, AND THEN BRING IT BACK. UM, UH, IF IT'S NOT BEFORE THE NEXT MEETING, THEN, UH, BRING IT BACK FOR A, UH, SPECIAL MEETING IF, UH, THE COMMISSION'S OPEN TO IT. BUT SEE, EACH, EACH, AND I, FORGIVE ME, EACH GAS STATION IS GONNA BE DIFFERENT. WE CAN'T GO TO EACH GAS STATION AND TELL THEM HOW TO ARRANGE THEIR, HE'S ALREADY MADE THE EFFORTS THAT, AND I'M, AND AGAIN, I, I THINK THAT WAS GOOD WHAT YOU HAD SAID, AND HE'S ALREADY SAID THAT HE WOULD ADHERE TO THAT. IF YOU WANNA PUT THAT IN THE MOTION, WE CAN DO THAT. THAT HE KEEP ANY, YOU KNOW, CANDY OR THINGS THAT CHILDREN, OR KEEP THAT THE, YOU KNOW, THE ALCOHOL AND BEER, YOU KNOW, SEPARATE FROM ANY PRODUCTS, YOU KNOW, MAYBE, I MEAN, BUT WE HAVE TO IMPOSE THAT TO EVERYONE. HIS ORIGINAL, IT'S COST $8,000 TO ADD REFRIGERATORS TO, WELL, HE'S GOT ONLY ONE EXTRA REFRIGERATOR. THEY LET HIM PUT SOME MORE BEER IN THERE, PUT THE WATER SOMEWHERE ELSE, CHAIR. UM, ANOTHER ALTERNATIVE, INSTEAD OF ATTACHING THE REVIEW TO THIS PARTICULAR APPLICATION, IT COULD BE DIR, THE MOTION COULD BE DIRECTION TO STAFF TO RETURN WITH A COMPREHENSIVE OR GLOBAL REVIEW OF ALCOHOL PERMITS IN, IN 12 MONTHS. JUST A ALTERNATIVE OPTION. I'M SORRY. CAN YOU REPEAT THAT? YES. UH, SO PART OF WHAT I HEARD WAS CONCERN OVER ATTACHING, UH, THE REVIEW TO A SPECIFIC OR INDIVIDUAL APPLICATION. SO INSTEAD OF ATTACHING IT AS A CONDITION TO THIS APPLICATION, IT COULD, THE COMMISSION COULD DIRECT STAFF TO RETURN IN 12 MONTHS WITH A MORE GLOBAL REVIEW OR REPORT ON ALL ALCOHOL PERMITS OR, OR WHATEVER CATEGORY THE COMMISSION CHOOSES. SO INSTEAD OF IT BEING THIS SPECIFIC APPLICATION, IT COULD BE EVERY CUP, EVERY ALCOHOL, CUP, EVERY CAR WASH, HOWEVER YOU DECIDE. DOES THAT MAKE SENSE? RIGHT. I, I, I DON'T THINK THAT IT'S, UM, YOU KNOW, OUT OF THE QUESTION TO ASK FOR THE REVIEW. AND I GET IT, YOU KNOW, THAT, YOU KNOW, WE COULD SIT HERE, WE CAN APPROVE THIS RIGHT NOW, AND IF IT WENT TO CITY COUNCIL, THEY PROBABLY MAY OR MAY NOT, YOU KNOW, ASK FOR THE YEARLY OR THE ANNUAL. UM, SO, UM, BUT, UM, MY POSITION, ALL OF OUR POSITIONS ACTUALLY ARE TO, UM, TO, FOR THE CITIZEN SAFETY FIRST. AND I THINK THAT IS A VERY SMALL STEP, VERY SMALL. IT'S NOT MUCH TO ASK. AND IT'S ACT, YOU KNOW, SOME OF THE COMMISSIONERS ARE ACTING LIKE IT'S AN ACT OF GOD, AND WE'RE ASKING THEM FOR A KIDNEY. SO WITH THAT BEING SAID, I'M GONNA CALL FOR A SIX MINUTE RECESS AND WE WILL, WELL, BEFORE WE GO ON A RECESS, GO AHEAD. UM, , WE, WE DID RECEIVE A LETTER FROM ONE OF THE RESIDENTS THAT IS PRETTY VOCAL IN THIS AREA AND VERY CONCERNED BE REGARDING ALCOHOL AND GAS STATIONS. UM, AND HE STARTED OUT BY SAYING, PLEASE DENY THIS REQUEST. SO AS A CONDITIONAL USE PERMIT, RESIDENTS IN THAT AREA IS REQUESTING TO PLEASE DENY THIS REQUEST. [01:55:01] AND ALL THE COMMISSIONER ACTUALLY RECEIVED THIS LETTER. AND WE'RE NOT SAYING TO DENY, AS THE COMMISSIONERS TONIGHT, WE'RE NOT SAYING TO DENY IT. WE'RE JUST PUTTING CONDITIONS TO ASSURE SOME OF THE RESIDENT WHO LIVES IN THE AREA WOULD, WOULD, WOULD, YOU KNOW, HAVE SOME CONCERNS. I MEAN, ALL OF US RECEIVED THIS, AND IT CONTINUED TO SAY THAT TRADITIONALLY HE THINKS THAT THE AREA OR STORES THAT HOW ALCOHOL ATTRACT, I GUESS DIFFERENT TYPE OF CLIENTELES, THE TROUBLE TYPE. UM, HE'S ALSO CONCERNED THAT THIS PARTICULAR AREA OR GAS STATIONS IN ALCOHOL CLOSE TO SCHOOL. SO HE'S CONCERNED ABOUT THAT AS WELL. BASICALLY, HE SUMMARIZED IT. THAT'S THE SALES OF ALCOHOL WILL INCREASE THE RISK TO CHILDREN'S WHO WALKED TO, OR FROM SCHOOL OR TO OR FROM HOME. IN THAT BURGLARY, THERE WAS A MURDER. CORRECT. THAT WAS, THERE WAS AN ISSUES, BUT NOT RELATING TO THE CLOSE BY THE NEIGHBORHOOD, THAT AREA, UM, THE APPLICANT. I MEAN, THE, THE, THE RESIDENTS ALSO ASKING TO LIMIT THE HOURS OF ALCOHOL SALES, WHICH WE BASICALLY, INSTEAD OF GOING ALL THE WAY TO THE MIDNIGHT, MAYBE STOP AT 10 O'CLOCK, 10:00 PM INSTEAD OF 24 7. WE'RE NOT ASKING FOR THAT. SO WE'RE NOT, WE'RE WE'RE SAYING THAT, YOU KNOW WHAT, WE LIKE TO SEE IF THERE'S TROUBLE OR NOT. THAT'S ALL. WE'RE NOT SAYING THAT THERE'S TROUBLE, LET'S STOP IT FROM CERTAIN TIME. AND I, I DOUBT THAT HE WILL HAVE TROUBLE. HE HAS A VERY, SEEMS LIKE HE HAS A VERY GOOD, YOU KNOW, CONTROL OF HIS BUSINESS. HE'S HANDS-ON HIS FAMILY OWNED, I'M SORRY, HERE. SO, SO THE, THE RESIDENTS WHO LIVES AROUND THAT AREA IS ALSO CONCERNED ABOUT THE NUMBER OF STAFF. THEY WANTED MORE STAFF. AND ALSO GIVEN THAT THE AREA ALSO HAS THE CRIME AREA, SEEMS LIKE HE'S SEEMS TO THINK THAT THE AREA IS A LITTLE BIT HIGH OF CRIME. SO WE'RE NOT ASKING FOR ANY OF THIS STUFF THAT, THAT NOT US. AND, AND WE ARE CONCERNED, THIS IS COMING DIRECTLY FROM THE RESIDENTS WHO LIVES AROUND THE AREA. WE'RE JUST ASKING AND SAY, MAYBE THERE'S NO TROUBLE AFTER 12 MONTHS OF SELLING. AND THE OWNERS ALSO KNOW THAT, HEY, WE NEED TO MAKE SURE THAT THIS AREA AND THEN THE CLIENTELES THAT THEY HAVE IT IS GOOD. AND MAYBE AFTER TWO O'CLOCK, THEY THEMSELVES MONITOR WHETHER TO SELL ALCOHOL TO A TROUBLEMAKER IN ATTRACTING POLICE REPORTS OR WHAT HAVE YOU. SO THIS PARTICULAR RESIDENT IS ALSO CONCERNED AND ALSO ASKING FOR A SECURITY GUARD. AND THIS IS BASICALLY TO DETER THE ROBBERY THAT POSSIBLY SAVED A COOK'S LIFE. WOW. SO, SO THERE'S A LOT OF CONCERN. THIS IS A CONCERN THAT I'VE, HERE OVER AND OVER AGAIN, WE, REGARDING ALCOHOL SALES, BUT THEY'RE NOT SECURITY GUARDS. BUT THIS IS, THIS IS JUST ONE. BUT I'M SURE THE REST OF THE CONVENIENCE STORES PROBABLY WILL REQUEST COME IN AND REQUEST FOR THE ALCOHOL SALES. RIGHT? AND THEN WE CAN ALWAYS APPROVE, OKAY, EVERYONE THAT COMES TO FOREST, IT'S APPROVED. BUT YOU KNOW WHAT? WE DON'T EVEN KNOW AT THE END OF THE DAY WHAT THAT'S GONNA BE. SO WHY NOT HAVE A REVIEW ? I DON'T UNDERSTAND WHAT THE PROBLEM IS WITH THAT. IT'S JUST A REVIEW. LET'S GIVE THIS MAN HIS PERMIT. HE HAS NO PROBLEM WITH THE REVIEW. HE KNOWS HE'S GONNA HAVE HIS BUSINESS RUN CORRECTLY. YOU KNOW, I MEAN, IF ANYBODY IS WILLING TO JUST APPROVE IT JUST LIKE THIS WITHOUT THIS MINOR ADDITION, I WOULD BE CONCERNED ABOUT HOW THEY CARE ABOUT THE CITIZENS' WELFARE. SO, UM, I HAVE A QUESTION FOR THE APPLICANT WILL ASK ONE MORE QUESTION. UH, IT'LL BE A BRIEF QUESTION. NOW. ARE YOU OPEN TO FROM 10:00 PM UH, FROM 10:30 PM TO 2:00 AM UM, TO HAVE AN ARMED SECURITY GUARD, UH, AT YOUR LOCATION, UH, IF NEEDED. YES. UM, AT THIS POINT, WE, WE DON'T HAVE ANYTHING THAT, THAT JUSTIFY THAT TO HAVE A SECURITY GUARD THERE. YOU KNOW, I'D RATHER HAVE IT JUST, YOU KNOW, THE POLICE MONITOR THAT OR, YOU KNOW, WELL, IT PUTS A YEAH, BUT IT PUTS A BURDEN ON OUR POLICE OFFICER IT'SS. IT'S 20, $30 AN HOUR A GUARD. THEY'RE, THEY DON'T COME FOR JUST TWO HOUR, A THREE HOUR. IT'S GONNA BE EIGHT HOUR SHIFT MINIMUM CHARGE. AND IN WEST [02:00:01] COVINA, I DON'T HAVE ANY STORE THAT, THAT, YEAH. I AT LEAST, I DON'T KNOW. YOU'LL BE THE FIRST GAS STATION TO HAVE, UH, ALCOHOL. SO ALSO YOU'LL BE MAKING MONEY OFF THE ALCOHOL SALE. THAT'S WHAT THE TALK OF, THAT'S WHAT THE REVIEW IS FOR. MM-HMM. NOT EVERY STORE, YOU KNOW, THE CONDITION WE HAVE THE BUILDING SIZE, THERE'S ONLY TWO TO THREE STATION THAT CAN MEET THE REQUIREMENT OF THE BUILDING SIZE. SO THERE'S NOT EVERY GAS STATION COMING TO, TO GET THIS LICENSE OR APPLY FOR, THEY CANNOT. YEAH. SO THE SIZE OF THE STORE, YOU KNOW, SO SHE, SHE'S REFERRING TO ONE RESIDENT. YEAH. I WALK THAT LOCAL COMMUNITY AND I KNOW WHAT THE ACTUAL MAJORITY OF THE RESIDENTS WANT IN THAT LOCAL AREA. RIGHT. AND, AND, UH, AND THAT'S ALL I'LL SAY, BUT, UM, I'M ASKING YOU, OBVIOUSLY YOU'RE GONNA BE MAKING, GENERATING MORE MONEY WITH ALCOHOL SALES. ARE YOU OPEN TO HAVING A GUARD THERE LATE AT NIGHT? WHICH, WHICH HELPS RELEASE THE BURDEN FROM OUR, THE MEN AND WOMEN OF, OF OUR POLICE DEPARTMENT WHEN THEY'RE, THEY'RE SERVICE SERVICING A CITY WHERE POSSIBLY OVER 120,000 RESIDENTS, MAYBE JUST ON WEEKENDS. YEAH. SO, OR, OR EVEN ON WEEKENDS. ARE YOU OPEN TO THAT? I'M OPEN FOR A WEEKEND, BUT WEEKLY, THERE'S, THERE'S THAT, THAT'S ALL HIS PROFIT OUT THE WINDOW. AND THE SALE, I KNOW YOU'RE REFERRING TO, WE'RE SELLING MORE. WE DON'T KNOW. THERE'S NO PREDICTION. WHAT SALE WE GONNA BE DOING THAT, YOU KNOW, 12 MONTH FROM NOW, WE CAN BRING IN NUMBERS IN OR CITY WILL KNOW THE ALCOHOL SALE. BUT AT THIS POINT, I DON'T KNOW. WHAT ARE WE GONNA BE SELLING, BRIAN? I HAVE NO CLUE. IT WOULD BE OKAY IF WE JUST HAD THE, AS TO IF THERE'S PROBLEMS AFTER THE REVIEW, WHY WOULD WE NEED TO IMPOSE IT NOW? JUST A SUGGESTION. STATISTICS I SPEAKS TO ITS . GREAT. YEAH. SO, UM, UH, COMM UH, COMMISSIONER BECERRA WAS ASKING, UM, GO AHEAD AND REPEAT YOUR QUESTION. SO MY MIC WAS ON, SO YOU CAN PUT YOUR . SO, UH, MY CONCERN WAS THAT, UH, A FEW HUNDREDS, A FEW HUNDRED FEET AWAY ACROSS THE STREET, THERE WAS AN ARMED ROBBERY THAT OCCURRED LAST WEEK. UM, AND LUCKILY, UH, OUR, OUR REMARKABLE SERGEANT, UH, ABEL HERNANDEZ WAS ABLE TO APPREHEND THAT SUSPECT, UM, AND, AND TAKE HIM INTO CUSTODY, AND HE WILL NOW BE FACING THE CONSEQUENCES OF HIS ACTIONS. AND SO MY CONCERN IS THAT, UH, PEOPLE, THE, THE, MY UNDER I'VE SEEN FIRSTHAND, THERE'S, THERE IS A LOT OF CRIME THAT HAPPENS AROUND THE AREA. I'M NOT SAYING, AGAIN, IT'S NOT AT YOUR GAS STATION, RIGHT? BUT THEN AGAIN, YOU'RE GONNA BE SELLING ALCOHOL, UH, WHICH, WHICH STATISTICS HAVE SHOWN, UH, HAVE INCREASED CRIME. SO THAT'S, THAT'S THE ONLY COMMENT I HAVE. BUT, UH, THAT'S ALL THE QUESTIONS I HAVE FOR YOU. YOU, YOU GO AHEAD. UH, ON THE WEEKEND WE CAN CONSIDER SECURITY GUARD, BUT THE WEEKDAYS, THERE'S NOT MUCH NEGATIVITY. YOU KNOW, UH, UH, WE'RE, IT'S NOT THOROUGH PRAIRIE STREET, YOU KNOW, IT'S JUST THE LOCAL RESIDENTS THAT DO BUSINESS. AND, UH, AFTER 10 O'CLOCK THERE, THERE'S NOT MUCH GOING ON FOR TWO EMPLOYEES AND, AND PLUS SECURITY GUARD, YOU KNOW, IT'S, IT'S, IT'S NOT DOABLE FINANCIALLY, IT'S JUST, IT'S A BURDEN ON, ON ME, YOU KNOW? YEAH. UNLESS WE HAVE A, YOU KNOW, IF, I KNOW THERE'S A LOT OF ROBBERIES GOING ON, THERE'S A MALL, THEY'VE BEEN ROBBING, YOU KNOW, THEY'RE ROBBING THE BAKERY STORE NOWADAYS, SO IT'S JUST A EVERYDAY THING, YOU KNOW, BUT ROBBING THE CEMETERY. YEAH, YEAH, YEAH. YOU'VE SEEN IN LA SO, BUT THIS IS A, I THINK THIS IS A SAFETY MEASURE, NOT ONLY FOR, UM, OUR, NOT ONLY FOR OUR RESIDENTS, BUT IT'S ALSO FOR YOU AND, AND YOUR STAFF. SO, AND, AND, AND OBVIOUSLY IF YOU'RE WORKING THERE AT ONE TIME AND YOUR SON MISS JUST THAT YOUR SON'S WORKING AT NIGHT, OBVIOUSLY YOU'RE GONNA, YOU'RE GONNA WANT A, YOU'RE GONNA WANT HIM SAFE. I, I, SO ABSOLUTELY. IF I, YOU KNOW, I'M A BUSINESS PERSON, AND IF I FEEL LIKE I NEED A SECURITY GUARD, I WILL TAKE A, I JUST DON'T WANT TO BE PART OF MY CUP CONDITION. THAT'S SOMETHING THAT, THAT'S GONNA BE, GO WITH THE LAND USE. SO HOW COULD I HAVE A LAND USE BE TIED WITH THE SECURITY GUARD? YOU KNOW, IF I, I'M A BUSINESSMAN, IF I NEED A SECURITY GUARD, I WILL HIRE SECURITY [02:05:01] GUARD. YOU KNOW, WE, WE, WE HAVE NO ROBBERY AT MY STORE. THERE'S NO ROBBERY, THERE'S NO THEFT. WE, WE COULD PULL THE POLICE CALLED. THERE'S NO CALLS BEING MADE TO POLICE THAT, UH, THAT, THAT WE BEING ROBBED, YOU KNOW, EVERY DAY, EVERY HOUR. SO AT THIS POINT, I DON'T NEED A, I MEAN, I DON'T SEE A NEED FOR SECURITY GUARD, BUT IF A FUTURE, YOU KNOW, THERE'S A CRIME THAT YOU CAN SHOW ME, HEY, THIS, YOU BETTER HAVE A SECURITY GUARD. I WILL HAVE A SECURITY GUARD, YOU KNOW? OKAY. YEAH. SO, OKAY, GREAT. THANK YOU. YEAH, BUT I JUST DON'T WANT TO TIE THE SECURITY GUARD TO CUP BECAUSE ANY CONDITION YOU PUT IN HERE, IT'S GONNA GO WITH LAND USE. MM-HMM. THAT WILL STAY WITH THE LAND USE, UH, LAND USE. SO THAT'S SOMETHING, YOU KNOW, I MEAN, A HUNDRED YEAR FROM NOW, MAYBE SOMEBODY OUT, MAYBE, YOU KNOW, A NEW GENERATION, THEY'LL, THEY EVEN HAVE TO DO IT. SO IT'S, IT'S JUST THAT WE'RE, WE'RE TALKING ABOUT LAND USE CONDITION ON LAND USE AS SOMETHING I CANNOT COMMIT, YOU KNOW? YEAH. BUT, UH, GREAT FOR SAFETY. YEAH. WE TAKE EVERY MEASURE, WE WILL CONSIDER SECURITY GUARD, YOU KNOW, WE WILL EVEN HIRE, UH, UH, A POLICE OFFICER IF WE HAVE TO, YOU KNOW? YEAH. IT COMES TO THAT. OKAY. SO, UH, I'M GONNA CALL FOR A THANK YOU. I'M GONNA CALL FOR A SIX MINUTE RECESS AND WE'LL CONVENE, WE CONVENE IN SIX MINUTES. RIGHT NOW IT'S 9 0 8. OKAY. THE REGULAR MEETING OF THE PLANNING COMMISSION, WE'LL RECONVENE AT 9:14 PM PACIFIC TIME. SO WE'RE BACK ON THE SUBJECT MATTER OF, UM, OF CONDITIONAL USE PERMIT NUMBER 23 DASH ZERO NINE CATEGORY EXCEPTION FOR THE LOCATION LOCATED AT 1209 SOUTH SUNSET AVENUE, THE APPLICANT IS REQUESTING THE APPROVAL OF CONDITIONAL USE PERMIT, CUP TO ALLOW FOR THE OFFSITE SALE OF BEER AND WINE WITHIN AN EXISTING 2,482 SQUARE FOOT CONVENIENCE STORE AT A SERVICE STATION, CHEVRON EXTRA MILE, LOCATED WITHIN THE NEIGHBORHOOD COMMERCIAL N DASH C ZONE. OKAY. WELL GO BACK TO THE COMMISSION. MR. CHAIR, I'D JUST LIKE TO MAKE A MOTION AND JUST A, A, A BRIEF COMMENT. UM, A FIRST AND FOREMOST, I, I THINK, I THINK THE CONCERN IS NOT, UM, IS, IS NOT BEING REACTIVE TO CONCERNS OF CODE ENFORCEMENT, POLICE RESIDENTS, OR ANYTHING LIKE THAT. THE CONCERN THAT I HAVE, UM, PERSONALLY ON THIS IS THAT IN THE EVENT THAT WE HAVE SOME SORT OF AN ANNUAL OR, OR, OR EVEN AN INITIAL REVIEW WHERE WE ARE EFFECTIVELY INVITING BACK THERE TO BE A PUBLIC HEARING, A DEFENSE, UH, AT THE COST OF THE, THE APPLICANT, I THINK THAT THAT'S A PROCEDURAL DUE PROCESS CONCERN THAT I, I, I THINK WE ARE DISCOUNTING AND DISCOUNTING SUBSTANTIALLY BECAUSE IT, IT, IT'S THEIR TIME, IT'S THEIR MONEY WHEN THEY'RE COMING HERE. AND IF THEY'RE GONNA HAVE TO COME HERE AN ADDITIONAL TIME OR, UH, OR MULTIPLE ADDITIONAL TIMES EVERY 12 MONTHS, THAT'S GONNA IMPOSE A BURDEN ON THEM FOR A 10% USAGE OF, UH, AND IT'S AN ANCILLARY USAGE TO A SERVICE STATION. IT, IT'S, IT, IT APPEARS TO ME TO BE PROBLEMATIC IN THE SENSE THAT IT'S JUST GOING TO BE A, A CONSTANT, WELL, ARE YOU GUILTY TODAY? ARE YOU GUILTY TODAY? ARE YOU GUILTY TODAY WITHOUT ANY SPECIFIC, UH, SPECIFIC ARTICULATED REASON WHY THERE IS A CALL TO THE PRINCIPAL'S OFFICE? THAT'S MY ISSUE WITH IT. AND SO I I, I DON'T THINK THAT WE'RE GOING TO GET ANYWHERE WITH THIS. UM, SO FUNDAMENTALLY, I THINK IT'S JUST TIME TO, UM, MOTION TO SEND THIS TO THE CITY COUNCIL AS THERE IS AN IMPASSE AMONGST THE, UH, THE PLANNING COMMISSION, AND WE'LL LET THE CITY COUNCIL MAKE THE DECISION. THAT'S MY MOTION. OKAY. THERE'S A MOTION ON THE FLOOR BY COMMISSIONER LEWIS. IS THERE A SECOND? I WOULD LIKE TO MAKE THE SECOND MOTION TO SUPPORT WHAT NICHOLAS IS, UM, SUGGESTING. OKAY. THERE'S A VICE, I MEAN, THERE'S A SECOND BY VICE CHAIR WILLIAMS. SO THE MOTION IS TO CONTINUE, UH, TO MOVE THIS, TO SEND THIS MATTER OFF TO THE CITY COUNCIL, UH, FOR REVIEW. UM, WITH THAT BEING SAID, UH, JOANNE, CAN YOU CLARIFY THAT? I JUST SAID, AND THEN, UH, DO ROLL CALL. THE MOTION IS TO FORWARD THE CONDITIONAL USE PERMIT TO THE CITY COUNCIL. UH, I'LL GO AHEAD AND START THE ROLL CALL. COMMISSIONER LEWIS, BEFORE YOU DO THE ROLL CALL, CAN I ASK, UM, WILL THERE BE A FEE THE APPLICANT HAS TO PAY TO GO TO CITY COUNCIL? NO. [02:10:01] OKAY. THANK YOU. COMMISSIONER LEWIS. AYE. COMMISSIONER HING. AYE. COMMISSIONER BERA. AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ ABSTAIN. THE MOTION PASSES FOUR ZERO. GREAT. SO THE MATTER WILL BE, UH, MOVED TO, UH, THE CITY COUNCIL. GREAT. [3. CONDITIONAL USE PERMIT NO. 23-10 (AMENDING CUP NO. 19-11) ] AND THEN NOW WE'LL MOVE ON TO, UH, CONDITIONAL USE PERMIT NUMBER 23 DASH 10 AMENDING THE CUP NUMBER 19 DASH 11 CATEGORY EXCEPTION FOR APPLICANT JOE ILIAN LOCATED AT 9 2 8 SOUTH GLENDORA AVENUE. THE APPLICANT IS REQUESTING APPROVAL OF AN, AN AMENDMENT TO THE CONDITIONAL USE NUMBER 19 DASH 11 TO ALLOW A SPRAY BOOTH AUTO BODY PAINTING FOR AN EXISTING AUTOMOBILE REPAIR SHOP LOCATED IN THE SERVICE COMMERCIAL C ZONE. UH, JOANNE, WHO WILL BE DOING THE STAFF REPORT, I'LL BE PRESENTING THE STAFF REPORT FOR THIS ITEM. GREAT. THE PROJECT SITE IS LOCATED ON THE SOUTHEAST SIDE OF, OF SOUTH GLENDORA AVENUE BETWEEN ITS INTERSECTION WITH BARBARA AVENUE IN FINE STREET. THE REQUEST IS TO ALLOW A SPRAY PAINTING BOOTH WITHIN AN EXISTING AUTO REPAIR SHOP. THE SITE IS SURROUNDED BY BOTH COMMERCIAL AND RESIDENTIAL USES. THE PLANNING COMMISSION INITIALLY APPROVED A PRECISE PLAN AND CONDITIONAL USE PERMIT THAT THAT ALLOWED FOR THE CONSTRUCTION OF A 4,275 SQUARE FOOT AUTO REPAIR SHOP BUILDING AND FOR THE AUTO REPAIR SHOP USE IN DECEMBER, 2019. HOWEVER, AS PART OF THAT APPROVAL, UM, A BUSINESS OPERATION PLAN WAS SUBMITTED AND THE BUSINESS OPERATION PLAN, UM, MAINLY STATED THAT THEY WERE NOT GOING TO BE, UM, OPERATING A SPRAY PAINTING BOOTH, JUST THAT AUTO REPAIR SHOP BECAUSE AT THAT TIME THE, THE APPLICANT WAS AL ALSO OPERATING AN AUTO REPAIR SHOP, UH, ON THE ADJACENT PROPERTY, UM, SOUTH, DIRECTLY SOUTH OF THE PROJECT SITE. AND THIS SITE IS WHERE HE, HE WAS OPERATING THIS, THE SPRAY PAINTING BOOTH. SO THERE WAS NO NEED TO HAVE A SPRAY PAINTING BOOTH WITHIN THE EXISTING AUTO REPAIR SHOP OR WITHIN THE, THE PROPOSED AUTO REPAIR SHOP BUILDING AT THAT TIME. UM, HOWEVER, SINCE THEN, THE, THE APPLICANT BUSINESS OWNER HAS SEIZED OPERATION, UM, ON THE ADJACENT PARCEL, AND HE IS COMPLETELY OPERATING HIS BUSINESS WITHIN THE PROPERTY THAT HE HE OWNS, WHICH IS THE PROJECT SITE. AND AS PART BECAUSE OF, OF THE PRO, UM, BECAUSE OF THE BUSINESS OPERATION PLAN THAT WAS SUBMITTED THAT STATED THAT THEY WERE NOT GONNA BE PAINTING THAT HAD BEEN INCLUDED IN THE ORIGINAL CONDITION OF APPROVAL, WHICH PROHIBITED SPRAY A SPRAY PAINTING BOOTH WITHIN THE EXISTING BUILDING. SO THE, THE CONDITIONAL USE PERMIT PRESENTED TO THE SIT TO THE PLANNING COMMISSION AT, UM, AT THE MOMENT WOULD ELIMINATE THIS CONDITION OF APPROVAL AND WOULD ALLOW THE SPRAY PAINTING BOOTH, UM, WITHIN THE EXISTING AUTO REPAIR SHOP. HERE'S THE, THE FLOOR PLAN. THE, IN THE ELEVATIONS, THE SPRAY PAINTING BOOTH WOULD BE IN AN ENCLOSED ROOM THAT IS APPROXIMATELY, THAT IS APPROXIMATELY 14 FEET WIDE AND 27 FEET DEEP. UM, AND IT WOULD BE LOCATED ON THE SOUTH SOUTHEAST CORNER OF THE EXISTING AUTO REPAIR SHOP BUILDING ON THIS AREA, HIGHLIGHTED IN PINK FOR REFERENCE. HERE'S A PHOTOGRAPH OF THE AUTO REPAIR SHOP. IT WAS TAKEN FROM, UM, THE OUT, OUT OUTSIDE THE DOOR. UM, IN, ALONG THE, THE, UM, WEST SIDE OF, OF THE OPENING INN AND THE AUTO REPAIR. UM, THE SPRAY PAINTING BOOTH WOULD BE LOCATED IN THIS AREA ALONG NEAR WHERE THE LADDER IS. SORRY. STAFF DID RECEIVE A LETTER FROM A NEIGHBOR. UM, THE NEIGHBOR THAT SUBMITTED THE LETTER RESIDES ON [02:15:01] BARBARA AVENUE, UM, ONE A PROPERTY AWAY FROM, FROM THE SUBJECT SITE. AND THEY HAVE CONCERNS REGARDING FUMES, UM, COMING FROM THAT WOULD COME FROM THE AUTO REPAIR SHOP AS A RESULT OF THE SPRAY PAINTING BOOTH. UM, WITH THAT, THE SPRAY PAINTING, A SPRAY PAINTING BOOTH WOULD REQUIRE APPROVAL FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, WHICH, UM, HAS PURVIEW OVER ISSUING PERMITS FOR SUCH USE THAT, THAT TO ENSURE THAT THE AIR QUALITY WOULD NOT BE IMPACTED WITHIN THE GENERAL AREA. WITH THIS STAFF RECOMMENDS THAT THE PLANNING COMMISSION ADOPT RESOLUTION 23 DASH 6 1 4 2 APPROVING CONDITIONAL USE PERMIT 2310. IF THE PLANNING COMMISSION HAS ANY QUESTIONS, I I'LL, I'M AVAILABLE TO ANSWER. GREAT, THANK YOU. DOES, UH, THE COMMISSION HAVE ANY QUESTIONS FOR STAFF? NO. OKAY. WELL, UH, I DO. SORRY. STAFF. OKAY, GREAT. UM, DO WE HAVE ANY, UH, ENVIRONMENTAL REGULATIONS THAT THE CITY HAS, UM, AS TO, UH, AS TO PAINT FUMES OR ANYTHING LIKE THAT? CURRENTLY, NOT SPECIFIC TO PAINT FUMES. OKAY. AND AS, AND PERHAPS THIS IS A QUESTION FOR THE APPLICANT, BUT, UM, IN THE PLANS THAT HAVE BEEN SUBMITTED, UM, WHAT, UM, MY, I, I SAW THERE WERE EXHAUST FANS. MY QUESTION IS DO ARE, ARE THE EXHAUST FANS PUTTING OUT CLEAN AIR TO THE OUTSIDE OR ARE THEY, OR, OR IS IT SOMETHING WHERE IT WOULD PRESENT SOME SORT OF A RISK TO THE IMMEDIATELY ADJACENT, UH, PARCELS, THE APPLICANT WOULD BE BETTER SUITED TO ANSWER THAT QUESTION. OKAY. FAIR ENOUGH. THANK YOU. GREAT. IF NO MORE QUESTIONS FOR STAFF, I'LL CALL THE APPLICANT JOE UP TO THE PODIUM. . HELLO EVERYONE. JOE IAN. I ALREADY HAVE AN EXISTING SHOP, WHICH IS THE PICTURE'S GONE IN THE WHITE RIGHT THERE WHERE THE WHITE BUILDING IS. I'VE HAD, I'VE HAD, I HAVE A SHOP THERE FOR 40 YEARS AND I HAVE AN EXISTING SPRAY BOOTH AND A QMD HAS APPROVED IT FOR 40 YEARS. I ALREADY APPLIED WITH A QMD AND THEY ONLY HAD ONE CONDITION THAT THEY SAID. OKAY. AND THEY WERE, IN FACT, THEY WERE HAPPY BECAUSE THE SPRAY WOOD THAT I HAVE IS 40 YEARS OLD, AND THIS ONE IS GONNA BE ENVIRONMENTALLY FRIENDLY WITH A NEW TECHNOLOGY, SO WE'RE NOT GOING TO GET ANYTHING OUT OF THAT SYSTEM. AND THEIR ONLY CONDITION WAS THAT ONCE I BUILT THIS, THE OLD ONE WOULD BE DISMANTLED AND, UH, EVERYTHING ELSE IS GONNA BE UP TO THE CODE AND A BRAND NEW ONE. FILTRATION SYSTEM, OF COURSE, WITH THE NEW TECHNOLOGY. SO WANT TO DESTROY THAT ONE AND PUT A NEW ONE 15. BASICALLY THE ONE HOUSE THAT IS COMPLAINING OR HAVE COMPLAINED, I'M GOING FARTHER AWAY FROM THAT HOUSE ABOUT SEE WHERE THE POOL IS? MM-HMM, . OKAY. THAT'S, I BELIEVE THAT'S THE HOUSE AND WHERE THE WHITE BUILDING IS, THAT'S WHERE THE SPRAY BOOTH IS. OH, RIGHT. YEAH. BASICALLY I'M GONNA BE IN THE RED BUILDING NOW. I'M GOING, I'M GONNA BE APPROXIMATELY A HUNDRED FEET FROM HIS PROPERTY AWAY WITH A BRAND NEW STA ART, BRAND NEW STATE OF ART THING. GREAT. SO THAT'S, AND THE ONLY REASON I'M DOING THIS BECAUSE MY KIDS GOT INVOLVED IN OUR BUSINESS AND WE'RE EXPANDING, SO I'M DOING THIS FOR THEM. GREAT. ANY QUESTIONS FOR THE APPLICANT? JUST HAD ONE QUICK QUESTION. SO, UH, WITH REGARD TO, UM, ANY EXHAUST FILTRATION, UM, IS THAT, HOW, HOW IS THAT HANDLED? IS IT HEPA FILTERS? WHAT, WHAT ARE WE TALKING ABOUT? THE OLD ONE. THE OLD ONE HAS INTAKE. MM-HMM. AND EXHAUST. OKAY. WITH FILTERS. MM-HMM. , OF COURSE, THIS ONE, IT'S NOT, THE INTAKE IS GONNA BE ON THE SIDE. IT'S TOTALLY DIFFERENT WITH THE NEW TECHNOLOGY. AND FILTERIZATION SYSTEM IS OUT OF THIS WORLD. IT'S LIKE A WHOLE NEW TECHNOLOGY WHERE EVEN WHEN YOU ARE SPRAYING YOURSELF, YOU WILL NOT SMELL OR SEE ANY FUMES OR SMELL ANYTHING. AND ANOTHER THING I WILL ADD, THE MATERIAL THAT WE USE NOW COMPARING [02:20:01] TO ALL 40 YEARS AGO OR EVEN 15 YEARS AGO, IT'S ALL WATER BASED, WATER BASED. SO IT'S, SO THE SOLVENT IS WATER, THE PAINT IS YOU DILU DILUTED WITH WATER. SO IT'S, IT'S WATER BASED PAINT. JUST A QUICK QUESTION. IS IT AN INHALATION RISK STILL? WHAT DO YOU MEAN BY, UH, I, I'M SAYING IS, ARE ARE THE FUMES THAT ARE CREATED BY IT? MAYBE THERE'S NO SMELL TO IT, BUT IS, IS IT AN IN ZERO? IS IT AN INHALATION RISK WILL BE ZERO. OKAY. VERY WELL, THANK YOU. I PROMISE YOU. YEAH. AND THEN OBVIOUSLY IF THERE WAS SOME SORT OF RISK AND OBVIOUSLY THAT RESIDENT COULD CONTACTED A QMD, BUT, UM, BUT YEAH, IT'S, IT'S GREAT TO SEE, UH, I HAVE THE PERMIT FROM THEM ALREADY. YEAH, THAT'S GREAT. ONE CONDITION THAT I DISMANTLE THE OLD ONE WHEN I GET THE NEW ONE. YEAH. AND BASED UPON MY EXPERIENCE, I KNOW A QMD ACTUALLY HAS, UH, MACHINES AND AIR QUALITY MACHINES THAT THEY GO OUT AND EXPECT, UH, THE PREMISES AIR TO DETERMINE IF A BUSINESS IS VIOLATING, VIOLATING THE TERMS OF THE A QMD REGULATIONS. BUT YEAH, IT'S, IT'S GREAT TO SEE A, UM, A BUSINESS OWNER LIKE YOU INVEST BACK INTO THE CITY OF WEST COVINA TO, UH, BUILD A BRAND NEW BODY SHOP, UH, OFF, UH, GLENDORA AVENUE IS REMARKABLE. AND, AND THEN YOU, UH, NOW BUILDING A BRAND NEW STATE OF ART PAINT SHOP, UH, WITHIN THAT BODY SHOP IS, UH, IS GREAT. AND IT'S OBVIOUSLY ALSO GREAT THAT THE, OUR ENVIRONMENT WILL ALSO BE PROTECTED BY THIS BECAUSE IT'S A, UH, A GREAT, GREAT BRAND NEW MACHINE. SO, UH, YEAH. SO ANY MORE QUESTIONS FOR THE APPLICANT? UM, WILL THERE BE, UM, I'M NOT VERY FAMILIAR WITH BODY SHOP AND SPRAY PAINT, BUT, UM, WILL THERE BE ANY SMELL? NONE WHATSOEVER. IT'S WATER BASED. YOU CAN'T EVEN SMELL. IF YOU TAKE THE PAINT AND PUT IT RIGHT HERE, YOU WILL NOT SMELL IT'S WATER. BASICALLY. YOU DILUTE THE PAINT WITH WATER, SO THERE IS NO SMELL TO IT. SO IS THE CURRENT SPRAYING ALSO WATER BASED AT YOUR PLACE? THE MATERIAL THAT WE USE IS WATER BASED, BUT THE CURRENT SPRAY WOOD, IT'S 40 YEARS OLD. WE'RE JUST PUTTING IT, WE'RE GONNA PUT A ONE. SO IT HAS ALL THE NEW TECH ON THAT WATER, I THINK. YEAH, I, I UNDERSTAND BECAUSE A COUPLE OF YEARS BACK, UH, CALIFORNIA HAD STARTED USING WATER-BASED PAINT FOR RESIDENTIAL, BUT I'M NOT VERY FAMILIAR WITH AUTOMOBILE PAINT. THERE'S NO SMELL TO IT. THERE'S NO, YOU CAN'T SMELL IT AND THERE'S NO HUMAN, AND IT'S NOT GONNA BE EFFECTIVE. IT'S NOT GONNA AFFECT ANYBODY. THE FILTRATION SYSTEM IS SO GREAT. EVEN MY KIDS, MY FAMILY WORKS, SO I'M VERY CONFIDENT. YEAH. AND I HAD A, I HAD A CHANCE TO REVIEW THESE DOCUMENTS AND RESEARCH, AND THEN I SAW THAT YEAH, THE, THE EQUIPMENT THAT HE'S PURCHASED AND WHAT'S IN OUR NOTEBOOK IS REALLY, REALLY REMARKABLE. IT'S A VERY EXPENSIVE EQUIPMENT BECAUSE IT, IT CONTAINS THE CHEMICALS WITHIN THIS, THIS, THIS BOX YOU WANNA SAY, AND THEN THE FANS DO. IT DOES ITS MAGIC. SO IT'S, IT'S REALLY, REALLY, REALLY SURPRI REALLY REMARKABLE TO HAVE A BODY, UH, A A SHOP LIKE THAT IN OUR CITY. SO, UM, WITH THAT MEANS ANY MORE QUESTIONS WITH APPLICANT, SO, YOU KNOW. OKAY, GREAT. THANK YOU. SO NOW, UH, WE'LL HEAR TESTIMONY FROM THOSE, UH, OPPOSED, ANYONE OPPOSED? SINCE THERE'S A FULL ROOM AND NO ONE WANTS TO TALK, WE'LL MOVE ON TO WE'LL, NOW CLOSE. UH, ANYONE IN FAVOR? SEEING NONE. WE'LL NOW CLOSE THE PUBLIC HEARING AND OPEN A DISCUSSION BY COMMISSION. I WILL NOW OPEN TO COMMISSION DISCUSSION. UM, AND UNLESS THE COMMISSION HAS ANY COMMENTS, I WOULD LIKE TO MAKE A MOTION TO APPROVE. UM, TO APPROVE CONDITIONAL USE PERMIT NUMBER 23 DASH 10 A MINI CUP NUMBER 19 DASH 11, THE CATEGORY EXCEPTION FOR LOCATION AT 9 2 8 SOUTH GLENDORA AVENUE. UH, TO ALLOW THE, UH, AS THE APPLICANT IS REQUESTING THE APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT NUMBER 19 DASH 11, TO ALLOW A SPRAY BOOTH AUTO BODY PAINTING FOR AN EXISTING AUTOMOBILE REPAIR SHOP LOCATED IN THE SERVICE COMMERCIAL ZONE. UH, IS THERE A SECOND? I'LL SECOND. WHO WAS RACE? WHO'S FIRST WANTS TO TAKE IT? YOU CAN HAVE IT. OKAY. UH, IT WAS, UM, UH, SECONDED BY COMMISSIONER RA AND, UH, MOTION BY ME. UH, JOANNE, [02:25:01] DO YOU WANNA CONFIRM, UM, THE MOTION AND THEN DO ROLL CALL? YES. UM, THE MOTION IS TO APPROVE CONDITIONAL USE PERMIT NUMBER 2310. THE TITLE IS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 2310 AND AMENDING CONDITIONAL USE PERMIT NUMBER 1911. I'LL GO AHEAD AND START THE ROLL CALL. COMMISSIONER LEWIS. AYE. COMMISSIONER HANGANG? NO. COMMISSIONER BECERRA. AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ. AYE. THE VOTE WAS FOUR ONE TO APPROVE RESOLUTION NUMBER 24 DASH 6 1 4 2. GREAT. OKAY. THE MOTION IS APPROVED. UM, WE'LL NOW MOVE ON TO, UM, NON-HEARING ITEMS. UM, SEEING NONE, UH, THERE'S NO NON-HEARING ITEMS ON TONIGHT'S AGENDA, SO WE WILL GO [COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS ] ON TO COMMISSION REPORTS AND MISCELLANEOUS ITEMS. UM, WOULD ANY COMMISSIONERS LIKE TO REPORT OR COMMENT ON ANY ITEM? UH, IF THERE'S NOTHING TO REPORT, UM, UH, SINCE IT WAS MENTIONED EARLIER, I, I WOULD LIKE TO MAKE A, A MISS, UH, LET'S SEE. YEAH, SINCE IT WAS MENTIONED EARLIER BY DIFFERENT COMMISSIONER MEMBERS ABOUT A PROCESS TO, WHAT'S THE CORRECT WAY TO REVIEW, UM, ANNUALLY DIFFERENT STATISTICS FOR CS OR SOMETHING, OR TO SUM, UH, MAJOR CRIME GOING ON, LIKE, FOR EXAMPLE, FELONIES OCCURRING OR MISDEMEANORS OCCURRING THAT, UH, STAFF, UH, COULD BRING BACK A, UM, A, UM, AN IDEA ON HOW THAT COULD BE ADDRESSED GOING FORWARD, KIND OF THING. SO SOME OF THE, THE COMMENTS THAT COMM, UH, COMMISSIONER, UH, HAY AND COMMISSIONER ERO MADE ABOUT ANNUAL REVIEWS, AND I THINK, UH, COMMISSIONER LEWIS MENTIONED A LITTLE BIT ABOUT BEING A, IT BEING A FAIR PROCESS AND NOT JUST FOR ONE APPLICANT. SO, UH, OBVIOUSLY NOT A DEEP, I DON'T, I'M NOT ASKING FOR A DEEP DETAILED REPORT, BUT AN I IDEAS THAT HOW THINGS LIKE THAT COULD BE ADDRESSED OR WHAT'S THE BEST ROUTE TO GO IF, IF THE COMMISSION EVER WANTED TO TAKE ACTION ON SOMETHING LIKE THAT. IS THAT SOMETHING DOABLE? JOANNE WOULD, DO YOU, LIKE, WOULD, DO YOU LIKE STAFF TO, TO AGENDIZE THE DISCUSSION ON, ON THIS PARTICULARLY OR, YEAH, I THINK, UH, OR JUST A GENERAL DISCUSSION. YEAH. OKAY. YEAH, I'LL, I CAN PUT THAT IN THE NEXT AGENDA. GREAT. THANK YOU. AND THEN, UH, WE'LL MOVE [4. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ] ON TO, UM, THE COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ON JOANNE, DO YOU HAVE ANY ITEMS TO REPORT ON BEHALF OF PAULINA? YES. ON FRIDAY, JANUARY 26TH, 2024, THERE WILL BE AN OPEN HOUSE AT CORTES PARK COMMUNITY AND SENIOR CENTER FROM 12:00 PM TO 2:00 PM EVERYBODY'S INVITED TO ATTEND WHAT DATE ON FRIDAY, JANUARY 26TH FROM 12:00 PM TO 2:00 PM ON SATURDAY, FEBRUARY 10TH, THERE WILL BE A FREE PAPER SHREDDING EVENT AT ESS PARK IN COMMUNION AND SENIOR CENTER FROM 9:00 AM TO 1:00 PM ALSO ON SATURDAY, FEBRUARY 10TH FROM 9:00 AM TO 1:00 PM THERE WILL BE A FREE ELECTRONIC WASTE ROUNDUP AT THE CITY MAINTENANCE YARD, WHICH IS LOCATED ON 8 25 SOUTH SUNSET, A SUNSET AVENUE, UM, AND FEBRUARY 10TH FROM 9:00 AM TO 1:00 PM AT THE MAINTENANCE YARD. THAT CONCLUDES THE COMMUNITY DEVELOPMENT DIRECTOR'S REPORT. GREAT. AND IS THERE ANY, UH, CITY COUNCIL ACTIONS? UH, THIS IS A, [5. CITY COUNCIL ACTION ] YEAH. IS THERE ANY CITY COUNCIL ACTIONS REPORT ON BEHALF OF POLINA? YES. AT THE LAST MEETING ON JANUARY 16TH, 2024, THE CITY COUNCIL APPROVED THE DEVELOPMENT CODE UPDATE AND IT IS, THEY INTRODUCED IT AND IT IS SCHEDULED FOR THE SECOND RATING ON FEBRUARY 20TH, 2024. THAT CONCLUDES THE CITY COUNCIL ACTION. THAT'S, YEAH, THAT'S GREAT TO HEAR. AND I KNOW, UH, JOANNE AND HER TEAM DID A REMARKABLE JOB [02:30:01] AND HARD WORK TO PUT THAT UPDATE TOGETHER. SO THANK YOU ALL FOR DOING THAT. SO THANK YOU. UH, NOW WE'LL, UM, MOVE ON. SINCE THERE'S NO FURTHER BUSINESS TO CONSIDER, THIS MEETING IS ADJOURN AT 9:37 PM PACIFIC TIME. * 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.