* 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. OKAY. [00:00:02] EVERYONE READY? SORRY. [Call to Order] OKAY. THE REGULAR MEETING OF THE PLANNING COMMISSION IS CALLED TO ORDER AT 7:03 PM PACIFIC TIME. 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 COMMISSIONER LEWIS READY TO BEGIN ALLEGIANCE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. UH, JOANNE, CAN YOU DO ROLL CALL? COMMISSIONER LEWIS? HERE. COMMISSIONER, HANG HERE. COMMISSIONER BECERRA HERE, VICE CHAIR WILLIAMS. PRESENT CHAIR GUTIERREZ HERE. THE RECORDS SHOW ALL PLANNING COMMISSIONERS ARE PRESENT. OKAY. [APPROVAL OF MINUTES] UH, TONIGHT WE HAVE, UH, MINUTES FROM THE REGULAR MEETING ON APRIL 9TH, 2024. DOES ANYONE HAVE ANY CHANGES TO THESE MINUTES? SEEING NONE, THE MINUTES ARE ADOPTED AS PRESENTED. AND NOW WE'LL MOVE ON TO ORAL COMMUNICATIONS. WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA TODAY? NOPE. SEEING NONE. WE'LL MOVE ON AND WE'LL NOW MOVE ON TO [2. CONDITIONAL USE PERMIT NO. 24-03] THE PUBLIC HEARING. UH, ITEM NUMBER ONE, THE CONDITIONAL USE PERMIT NUMBER 23 DASH ZERO THREE CATEGORIAL EXEMPTION FOR APPLICANT TBA FOR THE, AT THE LOCATION OF 9 0 1 NORTH SUNSET AVENUE IN WEST COVINA. THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT, CUP TO ALLOW FOR THE SALES OF BEER AND WINE FOR OFFSITE CONSUMPTION. TYPE 20 A BC LICENSE WITHIN AN EXISTING 1700 SQUARE FOOT CONVENIENCE STORE AT A SERVICE STATION KNOWN AS ARCO. THE SUBJECT PROPERTY IS LOCATED WITHIN THE NEIGHBORHOOD COMMERCIAL C ZONE. UH, JOANNE, WHO WILL BE PRESENTING THE STAFF REPORT, ASSISTANT PLANNER JERRY RIVERA WILL BE PRESENTING THE STAFF REPORT. HELLO? GOOD EVENING COMMISSIONERS. GOOD EVENING, HONORABLE CHAIR. SO THIS CONDITIONAL USE PERMIT NUMBER 24 DASH THREE FOR ARCO. UH, I WOULD LIKE TO GIVE A LITTLE BACKGROUND. THE ZONE OF THE SUBJECT SITE IS NEIGHBORHOOD COMMERCIAL. THE LOCATION IS ON THE CORNER OF NORTH SUNSET AND EAST BADILLO AND THE SURROUNDING USES ARE COMMERCIAL AND RESIDENTIAL. THIS IS A PICTURE OF THE EXISTING SERVICE STATION. THIS IS A SITE PLAN THAT WAS PROVIDED. THE RED COLOR IS A DEFINED AREA THAT IS FOR THE CONVENIENCE STORE. THIS IS A FLOOR PLAN THAT WAS PROVIDED BY THE APPLICANT AND THE RED ARROW POINTS TOWARDS THE ENTRANCE. THE RED INDICATES THE FRIDGE SPACE THAT WILL BE USED FOR ALCOHOL. THE BLUE ARROW SHOWS THAT THE FRIDGE IS 25 FEET EIGHT INCHES AWAY FROM THE ENTRANCE, AND THE PURPLE ARROW SHOWS THAT THE FRIDGE IS 39, UH, FEET AND FIVE AND A HALF INCHES AWAY FROM THE CASHIER. THE YELLOW AREA ARE THE WALK-IN COOLERS FOR ALCOHOL. SO THIS IS INSIDE OF THE CONVENIENCE STORE. OH, SORRY. UM, AND FOR THE BUSINESS OPERATION, THE SERVICE STATION HAS A CONVENIENCE STORE AND AN ACCESSORY CAR WASH. THERE WILL BE FOUR EMPLOYEES. THE BUSINESS HOURS ARE 24 HOURS SEVEN DAYS A WEEK, AND ALCOHOL SALES ARE LIMITED BETWEEN 8:00 AM AND 12:00 AM. SO THIS IS FOR THE CENSUS. THIS IS CENSUS TRACT NUMBER 4 0 5 4 0.00. THE CENSUS TRACT IS LOCATED IN AN AREA OF UNDUE CONCENTRATION. THERE ARE THREE OFF SALE ALCOHOL LICENSES CURRENTLY ISSUED WITHIN THE SUBJECT CENSUS TRACT, WHICH ALLOWS FOR THREE OFF SALE LICENSES. UH, THE THREE ARE SEVEN 11 ON 1 0 5 NORTH VINCENT AVENUE, SEVEN 11 ON 15 9 4 2 EAST SAN BERNARDINO ROAD, CHEVRON ON 15 9 5 5 EAST SAN BERNARDINO ROAD. AND A BC CAN ISSUE A LICENSE IF PUBLIC CONVENIENCE OR NECESSITY. PCN [00:05:01] IS DETERMINED BY THE LOCAL GOVERNING BODY. THE PROPOSED USE IS WITHIN THE NEIGHBORHOOD COMMERCIAL ZONE THAT PROVIDES SERVICES TO NEARBY RESIDENTIAL AREAS. THE CITY'S GENERAL PLAN ENCOURAGES DIVERSITY OF USES WITHIN THIS USE WITHIN THIS ZONE, INCLUDING GROCERY STORES, MARKETS, SPECIALTY STORES, RESTAURANTS, AND GASOLINE STATIONS, AS LONG AS IT PROVIDES ADEQUATE PHYSICAL AND SAFETY MEASURES TO PREVENT NEGATIVE IMPACTS ON ADJACENT PROPERTIES. PLANNING, STAFF RECOMMENDS ADOPTING RESOLUTION NUMBER 24 DASH 614 8 APPROVING CONDITIONAL USE PERMIT NUMBER 24 DASH THREE. DO YOU HAVE ANY QUESTIONS? THE APPLICANT IS, IS PRESENT. THANK YOU. THANK YOU. UH, WOULD THE APPLICANT LIKE TO COME SPEAK? YES, GO AHEAD. GOOD AFTERNOON. MY NAME IS ADE. I'M THE PROJECT ARCHITECT FOR THE PROJECT. UH, THIS PROJECT IS 2,600 SQUARE FEET IN TOTAL. UH, THE AREA OF THE CONVENIENCE STORE IS ABOUT 1700. WE DEDICATED SIX OF THE COOLERS TO THE WINE AND I MADE SURE THAT IT'S FURTHER FURTHEST AWAY FROM THE, THE ENTRANCE. AND IT, UH, BASICALLY, UH, IS A FRACTION OF THE CELL FOR A TOTAL, UH, YOU KNOW, CELLS OF THE GASOLINE AND THE CONVENIENCE STORE GOODS THAT IS SOLD IN THIS, UH, CONVENIENCE STORE. I'M HERE AVAILABLE FOR ANY OF YOUR QUESTIONS. GREAT. DOES ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS FOR APPLICANT? NO, I HAVE A COUPLE. GO AHEAD. DID YOUR, UM, APPLICANT HAVE A CHANCE TO READ THE CONDITIONS OF APPROVAL? UH, WE DID AND WE AGREE WITH ALL OF THE, UH, CONDITIONS AND WE WILL ABIDE BY ALL OF THE CONDITIONS OF THE OKAY. AT THIS TIME, UM, HAS THE APPLICANT APPLIED FOR AN ALCOHOL LICENSE WITH A BC? WE HAVE NOT BECAUSE THE, UH, CALIFORNIA BOARD OF ALCOHOLIC BEVERAGE CONTROL DOES NOT ALLOW US TO, UH, FILE AN APPLICATION UNLESS WE HAVE A CONDITION USE PERMIT FROM THE JURISDICTION. WE DO THAT AFTER WE ARE GRANTED THE CONDITIONING USE PERMIT AND THEN THAT BODY WILL DICTATE ALL OF THEIR OWN SPECIFIC, UH, RULES AND REGULATIONS TO THIS, THE, THE GAS STATION. THANK YOU. GREAT. UH, ANY MORE QUESTIONS FOR THE APPLICANT? I, I DON'T HAVE ANY QUESTIONS FOR THE APPLICANT. I DO HAVE A QUESTION FOR STAFF WHEN WE OKAY. GET AROUND. THAT'S IT. THANK YOU SO MUCH. THANK YOU. NOW, NOW, UH, STAFF GO AHEAD. COMMISSIONER LEWIS. DO WE HAVE ANY OTHER SPEAKERS OR ANYTHING LIKE THAT? UH, ANYMORE? WELL, THIS IS THE APPLICANT, SO. OKAY. UM, WELL NOW WE CAN OPEN UP PUBLIC HEARING. YOU WANNA OPEN UP PUBLIC HEARING OR DO YOU WANNA ASK YOUR QUESTIONS FIRST? UM, I, I JUST WANTED TO ASK STAFF REAL QUICK, UM, WITH, WITH REGARD TO THIS SPECIFIC APPLICATION, THE NUMBER OF LICENSES THAT ARE ALLOWED IN THIS CENSUS TRACT AS A MATTER OF RIGHT. ARE, ARE AT OR AT ITS CAP. UM, IN TERMS OF WHAT WE DECIDE HERE, UM, IF WE DECIDE THAT THERE'S A NECESSITY TO GO OVER THAT BY APPROVING THIS, UM, WE WOULD, WE WOULD BE IN EXCESS OF WHAT IS THERE BY RIGHT AT THE STATE LEVEL. MY QUESTION ON THAT IS, UM, WHAT CONSIDERATION IS STAFF MAKING IN TERMS OF, UH, HOW MANY ABOVE WHAT IS ALLOWED AS A, AS A MATTER OF RIGHT. UM, WHAT, WHAT IS GOING INTO THAT THOUGHT PROCESS IN MAKING THE RECOMMENDATION TO THE COMMISSION? THAT, THAT WE APPROVE? I, THE, UM, THE FINDING THAT A DC REQUIRES IS FOR PUBLIC CONVENIENCE OR NECESSITY. UM, IT'S NOT, IT, ALCOHOL IS NOT A NECESSITY, SO WE CAN'T MAKE THE FINDING BASED ON NECESSITY, BUT WE CAN MAKE THE FINDING BASED ON PUBLIC CONVENIENCE. UM, IN THIS, UM, IN THIS CASE, UH, AS FAR AS WITHIN THE, THE PARTICULAR CENSUS TRACK, IT'S, THE OTHER PLACES ARE ALL WITHIN THE CITY OR UNINCORPORATED LA COUNTY AREA, BUT IT IS STILL WITHIN THAT CENSUS TRACK? UM, TYPICALLY I WOULD SAY THAT, UM, JUST BY, I GUESS IT, IT REALLY DEPENDS ON, IT REALLY DEPENDS ON THE AREA AND, AND ITS SURROUNDINGS. LIKE FOR INSTANCE, UM, PREVIOUS, THE PREVIOUS PLANNING, UH, PREVIOUS PROJECT REQUIRED, UH, THE SAME, THE SAME FINDING, BUT IT WAS NEAR A MAJOR RETAIL CENTER. AND IN THAT CASE, SINCE MOST OF THOSE AREAS THAT HAVE THE ALCOHOL IS WITHIN LIKE A DEPARTMENT STORE LIKE TARGET OR BEVMO, I WOULD SAY THAT EXCEEDING THAT WOULD, WOULD BE OKAY BY LIKE [00:10:01] TWO, UM, OR THREE. UM, BUT BASED ON, BUT BASED ON THIS, I THINK, UM, ONE OR TWO WOULD BE ACCEPTABLE. OKAY. SO I, I JUST, I JUST WANNA MAKE SURE I UNDERSTAND JUST SORT OF WHAT FACTORS ARE ARE GOING INTO TO, TO MAKING THE DETERMINATION THAT THERE'S THAT PUBLIC CONVENIENCE, UH, SHOULD DICTATE THAT THIS SHOULD BE APPROVED. THAT'S, THAT'S WHAT I'M TRYING TO FIGURE OUT. SO IT'S SORT OF A, JUST A, UH, SOUNDS LIKE JUST A GENERAL TOTALITY OF THE CIRCUMSTANCES DISCUSSION AND, AND THAT'S IT. THERE'S NO OTHER SPECIFIC FACTORS THAT ARE CONSIDERED, THERE'S, THERE'S NO OTHER SPECIFIC FACTORS IN AS FAR AS A HISTORICALLY THE CITY HAS ALWAYS MADE THIS TYPE OF FINDING MM-HMM. IN THE PAST. UM, AND MAINLY BE, UM, BECAUSE ESPECIALLY WITH LIQUOR STORES IN THE PAST, THE CITY DIDN'T EVEN REQUIRE CONDITIONAL USE PERMITS OR ADMINISTRATIVE USE PERMITS FOR LIQUOR STORES. SO, SO THEY HAD JUST GONE IN BY RIDE. IT WASN'T ONLY UNTIL, UM, I THINK ABOUT 10, 15 YEARS AGO WHERE THE CITY CHANGED ITS CODE AND REQUIRED ADMINISTRATIVE USE PERMITS FOR, FOR OFF SALE USES. SO IT, UM, HISTORICALLY IT WAS, IT'S JUST BEEN ALLOWED. OKAY. UM, ALRIGHT. NO, I, AGAIN, I JUST, OBVIOUSLY WE CAN TALK ABOUT WHETHER OR NOT THE POLICY ITSELF IS WISE OR UNWISE OR ALL THAT, BUT WE'RE DEALING WITH THE POLICY THAT CITY COUNCIL HAS, HAS DICTATED HERE. SO THAT'S THE REASON WHY. I'M JUST TRYING TO MAKE SURE THAT WHATEVER DETERMINATION WE MAKE, UM, WE CAN GIVE APPLICANTS MOVING FORWARD, UH, SOME SORT OF REASONABLE EXPECTATION OF WHAT TO EXPECT. SO. ALRIGHT. THANK YOU. GREAT. UM, DID THIS, UH, PROJECT REQUIRE FLOCK CAMERAS OR NO, JOAN, I'M SORRY? DID THIS PROJECT REQUIRE FLOCK CAMERAS OR FOR THIS LOCATION? YES. IT'S, IT'S ACTUALLY IN THE CODE THAT FLOCK CAMERAS ARE REQUIRED AT ALL ACCESS POINTS. OKAY, GREAT. AND IT'LL BE ONE THAT'S INTEGRATED WITH OUR POLICE DEPARTMENT TOO, RIGHT? YES. GREAT. AND THAT'S ALSO PLACED IN THE CONDITION OF APPROVAL. OKAY. GREAT. YOU HAVE A QUESTION, CITY ATTORNEY? YES. BEFORE WE GET INTO ANY QUESTIONS THAT LEAD INTO DISCUSSIONS, I THINK THE PUBLIC HEARING SHOULD BE OPENED AND ANY PUBLIC, UM, THAT WISHES TO SPEAK SHOULD BE HEARD BEFORE IT GOES. OKAY. GOES INTO DISCUSSION. THANK YOU. OKAY. SO WE'LL, UH, OPEN PUBLIC HEARING. UH, I DON'T SEE ANY CARDS, UH, ANYONE LIKE TO SPEAK ON THE MATTER. SEEING NONE. WE'LL CLOSE PUBLIC HEARING, UM, AND OPEN, UH, COMMISSION DISCUSSION AGAIN. AND, UM, SO WE'LL GO BACK TO MY QUESTION , SO THAT'S GREAT. SO WE'LL HAVE FLOCK CAMERAS TO INTEGRATE WITH OUR POLICE DEPARTMENT. SO IF THERE IS CRIMINALS THAT ARE COMING INTO OUR CITY, THEN UH, OUR POLICE DEPARTMENT WILL BE ABLE TO SEE FIRSTHAND, UH, AND CATCH THOSE PEOPLE. UH, ANOTHER THING, UM, JUST TO CLARIFY, OBVIOUSLY, UH, WHEN GAS STATIONS, OR IN THIS CASE IT WILL INCREASE REVENUE, WHICH ALSO INCREASE THE TAXATION, WHICH IN THE END OF THE DAY, THAT BENEFIT, THAT WILL CREATE TAX, THAT WILL CREATE A TAX BENEFIT TO THE CITY. RIGHT. UM, AS FAR AS TAX BENEFITS TO THE CITY, WHEN THIS ITEM WAS BROUGHT TO THE CITY COUNCIL AND, AND AN ANALYSIS WAS PROVIDED BY OUR CITY'S BUSINESS LICENSE CONSULTANT, THEY DID NOT SEE A RELATION BETWEEN ALLOWING VI UM, ALLOWING I GUESS BEER AND WINE. OH, NO, I, I'M NOT, I'M NOT ASKING FOR WHAT A JUST CAUSE BUT I'M JUST ASKING IN GENERAL, IT CREATE SOME SORT OF TAX OH, OH, CREATE SOME SORT OF REVENUE. RIGHT. OBVIOUSLY IT'S, WELL, BEER AND WINE A TAX, UM, WE DO CHARGE, UM, TAXES ARE CHARGED ON, ON BEER AND WINE SALES. OKAY. IF THAT, THAT'S THE QUESTION. YES, YES. THANK YOU. AND THEN, UM, AND THEN FOR THE 25 FEET AWAY FROM THE MAIN ENTRANCE, WAS THAT A REQUIREMENT THAT THE CITY PUT OR THE APPLICANT PUT THAT I BELIEVE IT WHEN THE APPLICANT, WELL, WHEN THE, WHEN THE ORDINANCE WAS FIRST PRESENTED TO STAFF, UM, WITH THE APPLICATION PACKET, THAT'S ONE OF THE ITEMS THAT THE APPLICANT WAS PROPOSING, THE ORDINANCE, ONE OF THE ITEMS THAT WE REQUIRE IN THE ORDINANCE. BUT I BELIEVE THAT'S ACTUALLY PART OF THE A BC REQUIREMENT. OKAY. I'M JUST A LITTLE CONFUSED. 'CAUSE THE LAST, THE LAST ITEM WE, IT WAS NOT 25 FEET FROM A, FOR A DIFFERENT LOCATION, BUT IS THERE, I THINK OUR CODE REQUIRES FIVE FEET FROM THE REGISTER AND FIVE FEET [00:15:01] FROM THE ENTRANCE. OKAY. OKAY. GREAT. OKAY. SO, UH, YOU SAID 25 FEET? I, YEAH, . GREAT. . OKAY. UM, NOW, UH, WE'LL MOVE ON, UH, IS SO, UM, WE'LL CLOSE COMMISSION THIS. ANY MORE QUESTIONS BY THE COMMISSION. I JUST HAVE ONE, UM, ONE CLARIFICATION ON THIS PARTICULAR, UM, CASE THIS EVENING. THE CONDITIONS THAT ARE IN THE REPORT ACTUALLY CAME FROM THE PLANNING DEPARTMENT AS WELL AS THE FIRE DEPARTMENT, BUT THERE WEREN'T ANY FORMAL CONDITIONS FROM THE POLICE, CORRECT? THAT'S CORRECT. OKAY. AND THAT'S BEEN THE CASE? YES. I BELIEVE IN THE LAST SEVERAL OTHER ONES AS WELL, CORRECT? YES. OKAY. UM, TYPICALLY IF THE POLICE DOESN'T HAVE ANY ISSUES WITH IT, THEY WRITE BACK SAYING THAT THEY DON'T HAVE, UM, ANY, ANY CONDITIONS AND THE POLICE IS AWARE THAT, THAT THE CITY REQUIRES THE, UH, FLOCK CAMERAS THAT WOULD BE INTEGRATED INTO THEIR SYSTEM. THANK YOU. GREAT. OKAY, I'LL, UM, I'LL MAKE A MOTION TO APPROVE CONDITIONAL USE PERMIT NUMBER 24 DASH THREE WITH A CATEGORY EX EXEMPTIONS EXEMPTION FOR THE APPLICANT. LOCATED AT 9 0 1 NORTH SUNSET AVENUE, UH, WHICH IS THE REQUESTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE SALES OF BEER AND WINE FOR OFFITE CONSUMPTION. TYPE 20 WITHIN EXISTING 1,700 SQUARE FOOT CONVENIENCE STORE AT A SERVICE STATION KNOWN AS ARCO. THE SUBJECT PROPERTY IS LOCATED WITHIN THE NEIGHBORHOOD COMMERCIAL ZONE. UH, IS THERE A SECOND? I'LL SECOND. OKAY. WE HAVE A MOTION BY MYSELF AND A SECOND BY COMMISSIONER ERO. JOANNE, CAN YOU, UH, CLARIFY THE RESOLUTION AND THEN CONDUCT ROLL CALL? THE RESOLUTION IS TO APPROVE, UM, AND TO ADOPT RESOLUTION NUMBER 24 DASH 6 48 APPROVING CONDITIONAL USE PERMIT 24 DASH THREE AS CONDITIONED BY, UM, AS RECOMMENDED BY STAFF. UM, COMMISSIONER LEWIS. AYE. COMMISSIONER HANG. COMMISSIONER BERA AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ AYE. A MOTION PASSES. FIVE ZERO. GREAT. OKAY. WE'LL NOW MOVE ON TO NON-HEARING ITEMS TONIGHT. WE WILL BE REORGANIZING THE PLANNING COMMISSION AND, UH, WE'LL NOW MOVE ON TO THE REORGANIZATION OF THE PLANNING COMMISSION. IS THERE, DO I THERE'S ANOTHER ITEM. IT'S, SORRY, IT'S MISSING ON MY, OH, , IT'S MISSING NUMBER THREE OR, OH, IT IS MISSING. SORRY. YEAH. OH, OKAY. OKAY. PERFECT PLACES. THERE WE GO. OKAY. [3. PLANNING COMMISSION REVIEW OPTIONS FOR SERVICE STATION CONVENIENCE STORES WITH ACCESSORY BEER AND WINE SALES] UM, WE HAVE ANOTHER HEARING ITEM. SORRY, IT WASN'T IN MY PAMPHLET. SO THIS IS A, UH, THE SUBJECT IS PLANNING COMMISSION REVIEW OPTIONS FOR SERVICE STATIONS, SERVICE STATION, CONVENIENCE STORES WITHIN ACCESSORY BEER AND WINE SALES. UM, JOANNE, WHO WILL BE DOING THE STAFF REPORT ON THIS OR DISCUSSION ON THIS. OKAY, GREAT. OKAY. GOOD EVENING. UM, AT THE, AT THE LAST, UM, I PLANNING COMMISSION MEETING, I BELIEVE ON FEBRUARY 13TH, 2024, THE PLANNING COMMISSION REQUESTED, UM, JUST TO HAVE SOME TYPE OF DISCUSSION REGARDING OPTIONS ON MONITORING AND BRINGING BACK CONDITIONAL USE PERMIT THAT ARE CONDITIONAL USE PERMIT APPLICATIONS THAT HAVE BEEN APPROVED FOR ALCOHOL OR BEER AND WINE SALES AT SERVICE STATIONS. AND, UM, SO FAR THE, THE PLANNING COMMISSION, INCLUDING THE ITEM THAT WAS APPROVED TONIGHT, THE PLANNING COMMISSION HAS APPROVED FOR SEPARATE CONDITIONAL USE PERMITS FOR BEER AND WINE SALES AT SERVICE STATION CONVENIENCE STORES, UM, WITHIN THE CITY. AND WE HAVE [00:20:01] ONE OTHER PENDING APPLICATION TO DATE. UM, AND SO THE OPTIONS THAT THE PLANNING COMMISSION HAS THAT'S BEING RECOMMENDED BY STAFF TO, IS TO EITHER DIRECT STAFF TO CONTINUE WORKING WITH CODE ENFORCEMENT TO MONITOR RELATED COMPLAINTS AND BRING THE INDIVIDUAL CEP BACK TO THE PLANNING COMMISSION IF THERE ARE ANY PROBLEMS OR ISSUES, UM, OR ANY EXCESSIVE ISSUES THAT ARE NOT IMMEDIATELY ADDRESSED. AND THE, UM, AND WE, IN THIS CASE, WE WOULD BE BRINGING THE ITEM BACK TO THE PLANNING COMMISSION FOR, FOR MODIFICATIONS OF THE CONDITIONS OF APPROVAL OR REVOCATION. UM, THIS IS PART OF THE CONDITIONS OF ALL THE PARTICULAR CONDITIONAL USE PERMIT APPLIC, UM, CONDITIONAL USE PERMIT PROJECTS THAT HAVE BEEN APPROVED. THE OTHER OPTION IS SIMILAR TO WHAT WE'VE DONE IN THE PAST TO RECYCLING CENTERS. SO ONCE A YEAR WE WOULD PROVIDE A LIST OF ACTIVE CONDITIONAL USE PERMITS, UM, OF THIS TYPE, AND WE WOULD HAVE A DISCUSSION WITH PLANNING COMMISSION, UM, WHETHER OR NOT THESE, UM, THESE BUSINESSES HAD COMPLAINTS RELATED TO THE CUP AND THE PLANNING COMMISSION WOULD PROVIDE DIRECTION. THEN, UM, IF THIS IS THE ROUTE THAT THE PLANNING COMMISSION IS GOING TO TAKE, STAFF IS RECOMMENDING THAT THE ANNUAL RE REVIEW BE CONDUCTED AROUND JUNE OF NEXT YEAR. UM, BUT ULTIMATELY STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION TAKE OPTION ONE, WHICH IS TO MONITOR OR WORK WITH CODE ENFORCEMENT TO MONITOR E YEAH. TO MONITOR COMPLAINTS AND REPORT BACK TO THE PLANNING COMMISSION. UM, IF THERE ARE ANY EXCESSIVE COMPLAINTS TO DISCUSS, TO DISCUSS THE ITEM AND BRING THE ITEM BACK FOR MODIFICATION IF NECESSARY. DOES THE PLANNING COMMISSION HAVE ANY QUESTIONS OR CONCERNS OR ANY QUESTIONS? I I HAVE A COUPLE OF QUESTIONS. UM, WITH REGARD TO, UM, IT, I GUESS THE, THE THREE, UM, THREE OR MORE COMPLAINTS WITHIN A 12 TO 18 MONTH PERIOD, UM, AS I THINK THAT'S OPTION ONE. IS THAT CORRECT? THAT'S OPTION ONE. UM, IT'S THE THREE, THREE TIMES WITHIN A 12 TO 18 MONTH PERIOD. THAT'S JUST MY THOUGHT ON IF IT'S, IF, IF IT'S MORE THAN THREE, UM, WITHIN A 12 MONTH PERIOD AND IT'S, IT'S, AND THEY'RE FAIRLY SERIOUS COMPLAINTS OR SERIOUS ISSUES THAT'S RELATED TO SAFETY, THEN I FEEL THAT'S EXCESSIVE. UM, AND, BUT IT'S UP TO THE PLANNING, IT'S UP TO THE PLANNING COMMISSION, UM, TO PROVIDE STAFF DIRECTION ON WHAT YOU FEEL IS, IS EXCESSIVE. IT'S THESE, THAT'S JUST MY OPINION. WOULD WE NE NECESSARILY HAVE TO WAIT FOR THE END OF THE 12 MONTH PERIOD? OR LIKE IF THEY HIT NUMBER FOUR AND THEY'VE HAD IT FOR THREE MONTHS SHOULD ALREADY BE REVIEWED? UM, IT WOULD, IT WOULD BE, IT, IT REALLY DEPENDS. BUT, UM, WE WOULD, WE WOULD TAKE A LOOK AT IT EVERY TIME WE GET A, A SECOND OR THIRD COMPLAINT. SO SUBSTANTIVELY, WHAT KIND OF COMPLAINTS ARE WE TALKING ABOUT? IS IT A COMPLAINT ABOUT THE BUSINESS, GENERALLY A COMPLAINT THAT IS RELATED TO CRIMINAL ACTIVITY, A COMPLAINT THAT IS RELATED TO JUST THE CONDITIONS THAT ARE SET FORTH IN THE CUP? WHAT, WHAT STANDARD WOULD BE, WOULD WE BE DRAWING IN TERMS OF DIRECTING STAFF BASED, BASED ON THIS PROPOSAL? THAT'S, THAT'S WHAT I'M TRYING TO FIGURE OUT. CONDITIONS RELATED TO THE CUP, UM, CONDITIONS OF APPROVAL. MM-HMM. , UM, CONDITION, UM, CRIMINAL ACTIVITY. I, I GUESS THE, I GUESS THE QUESTION ON THAT IS WHAT TYPE OF CRIMINAL ACTIVITY THEN? SO LET'S, I, I MEAN, LET'S BE HONEST ABOUT THIS. TAGGING IS A BIG PROBLEM IN OUR CITY. MM-HMM. SEE IT ALL THE TIME. THERE ARE INSTAGRAM ACCOUNTS DEDICATED SOLELY TO ILLUMINATING THAT. UM, SO MY CONCERN IS, OKAY, IF SOME JERK IS GOING TO TAG SOMEBODY'S BUSINESS, ARE WE GOING TO CALL THEM TO ACCOUNT BECAUSE OF THE FACT THAT SOME JERK IS DECIDING TO TAG SOMEBODY'S BUSINESS? I I MEAN, I REALLY DON'T, I I DON'T THINK THAT THAT WOULD BE FAIR TO A BUSINESS TO DO THAT. I AGREE. UM, BUT I, I WANNA MAKE SURE THAT WHATEVER WE'RE DOING IS NARROWLY TAILORED ENOUGH WHERE IT RELATES TO ALCOHOL OR ALCOHOL SALES AS OPPOSED TO BEING JUST A GENERALIZED, LIKE OKAY. UM, YOU KNOW, HYPOTHETICALLY, AND, AND WE, WE, WE SAW THIS, UM, WITH REGARD TO ONE OF THE SERVICE STATIONS ACROSS THE STREET, THERE WAS A ROBBERY [00:25:01] THAT WAS, UH, THAT, THAT WAS BASICALLY CAUGHT IN THE ACT BY ONE OF OUR, OUR POLICE OFFICERS, THANK GOODNESS. RIGHT. BUT, YOU KNOW, WOULD THAT COUNT AGAINST THEM? UH, THAT'S, THAT'S WHAT I'M TRYING TO FIGURE OUT. UM, THERE WOULD HAVE TO BE A NEXUS TO THE, TO THE CUP IN ORDER FOR IT TO COUNT AGAINST THEM. OKAY. SO IT WOULD HAVE TO BE RELATED TO THE ALCOHOL SALES. LIKE IF, IF SOMEBODY WAS CAUGHT DRINKING BEER THAT THEY, SO THAT THEY PURCHASED THERE ON SITE IN THEIR, THEIR, THERE'S PUBLIC DRUNKENNESS OR, OR ALTERCATIONS. WHAT? WELL, I GUESS, I GUESS THE QUESTION IS, OKAY, WHAT WW WHAT ARE WE TA W WOULD IT BE PUBLIC DRUNKENNESS AT THE ACTUAL SITE OR PUBLIC DRUNKENNESS TWO BLOCKS AWAY. BUT WE CA WE GOT A RECEIPT THAT THEY BOUGHT IT FROM EX SERVICE STATION AND THEREFORE, UM, THAT'S THEIR PROBLEM. THAT'S, THAT'S WHAT I'M TRYING TO GET AT IT, IT WOULD BE A, UM, ON THE ACTUAL SITE. OKAY. SO THE PROBLEM WOULD, WOULD HAVE TO HAVE A NEXUS TO THE SALE OF ALCOHOL? YES. AND IT WOULD HAVE TO BE A PROBLEM THAT THE BUSINESS OWNER COULD ACTUALLY ADDRESS? THAT'S CORRECT. OKAY. SO I THINK THAT WOULD BE A REASONABLE STANDARD THAT SHOULD PROBABLY BE INCLUDED AS OPPOSED TO V VERY BROAD STROKES. 'CAUSE IF, IF THAT'S THE CASE, YOU KNOW, REALISTICALLY SOMEBODY COULD BE TARGETED AND THAT'S JUST, THAT'S UTTERLY RIDICULOUS. MM-HMM. , I HAVE NO INTEREST IN THAT. WE DON'T HAVE ENOUGH CODE ENFORCEMENT, WE DON'T HAVE ENOUGH PEOPLE AT CITY HALL TO BEGIN WITH TO ENFORCE THE LAWS THAT WE HAVE ON THE BOOKS. SO IT DOESN'T MAKE ANY SENSE TO, UH, UH, CREATE FURTHER BUSY WORK. ANYWAY. GO AHEAD. WOULD THIS, SO YOU WANT IT TO, SO FOR JUST RELATING TO ALCOHOL, ARE WE SAYING, OR IT WOULD HAVE TO BE RELATED TO THE BEER AND WINES, I SUPPOSE, WITHOUT SAYING YEAH, IT'S LIKE THE OTHER RESTAURANT WHO WAS, WHO WAS FU OR HARBORING FUGITIVES, IT WAS, UH, THERE WAS FIGHTS AND KILLINGS GOING ON OUTSIDE. SO THAT THE OTHER, THE OTHER BUSINESS IS, UM, IS A LITTLE BIT DIFFERENT BECAUSE FOR THIS PARTICULAR BUSINESS, YOU'RE NOT ALLOWED TO DRINK THE ALCOHOL ON THE SITE FOR THAT PART, FOR THE OTHER BUSINESS. UH, OKAY. SO IT IT'S A BAR. IT WAS A BAR. SO ALSO, UH, IT'S ALREADY BEEN CONFIRMED THAT THIS TYPE OF ESTABLISHMENT DOES NOT HAVE THOSE TYPES OF PROBLEMS. IT'S RARE. SO WE SH WE SHOULDN'T, BUT I'LL, I'LL, ALTHOUGH IF THERE IS, THEY'D BE LOOKED AT ACCORDINGLY TO HOW THEY RELATE TO ALCOHOL. OF COURSE. YEAH. I MEAN, IF, IF WE COULD PROBABLY EVEN GO MORE DESCRIP, I MEAN MORE DETAIL. IF YOU, IF YOU GUYS THINK ABOUT SAYING IF THERE WAS A, LIKE A, A MISDEMEANOR OR A FELONY RELATING, RELATING CRIME DEALING WITH THAT, I DON'T THINK WE NEED TO BE INFORMED ABOUT INFRACTIONS KIND OF THING. I I WOULD THINK, UM, USUALLY WITH CONDITIONAL USE PERMITS THAT DEAL WITH ALCOHOL, ANYTIME THE POLICE IS CALLED TO THAT LOCATION, AND DEPENDING ON WHY THEY ARE CALLED, I THINK THE POLICE DEPARTMENT KIND OF, YOU KNOW, KNOWS WHEN THEY NEED AS WELL AS PERHAPS THE, UM RIGHT. THEY KNOW WHEN THEY'RE RELATED TO THE ISSUE AT HAND, WHATEVER, THAT THEY'RE ALCOHOL RELATED. BUT A AGAIN, I, IT IS A TOTALLY DIFFERENT SITUATION THAN THAT, THAT, THAT, UH, BAR. RIGHT. BUT WHEN THERE ARE, EVEN WHEN THERE ARE TRAFFIC ACCIDENTS, WHICH ARE ALCOHOL RELATED, UM, I BELIEVE THE POLICE, WHEN THEY ARRIVE ON THE SCENE, THEY ASK THE PERSON, WHERE DID YOU COME FROM? RIGHT. TO TRY TO PINPOINT WHERE DID THEY PURCHASE OR OBTAIN THE ALCOHOL. RIGHT, RIGHT. YEAH. WELL, THE, YOU KNOW, YOU CAN'T BE LIABLE. I MEAN, IF YOUR KID IS DRINKING AT ANOTHER FRIEND'S HOUSE AND THEY'RE UNDERAGE, THEN THEY'RE, THE PARENT WILL BE HELD RESPONSIBLE FOR CONTRIBUTING DELINQUENCY OF A MINOR. BUT I THINK IF YOU, I THINK IT APPLIES TO BARS, LIKE IF A BARTENDER OVER SERVES SOMEBODY, YOU KNOW, THAT THAT PERSON, THAT A COUNTER DOESN'T KNOW HOW MANY BEERS THAT PERSON BOUGHT DOWN THE STREET AN HOUR BEFORE. I THINK THAT'S, YEAH, WELL SEE. JUST, AND I THINK EVEN WITH ALCOHOLIC BEVERAGE CONTROL, UM, IF THERE IS A DANGEROUS SITUATION AND IT CAN BE SHOWN THAT ALCOHOL, WHETHER IT WAS PURCHASED AT A BAR OR WHETHER THEY PURCHASED IT FROM A RETAIL STORE AND THE INDIVIDUAL WAS INTOXICATED, AGAIN, THE POLICE NORMALLY WOULD BE INVOLVED AND THEY HAVE THEIR PROCEDURES FOR SOBRIETY TESTS AND SO FORTH AND SO ON. GREAT. ANY MORE QUESTIONS FOR STAFF? SEEING [00:30:01] NONE, GO AHEAD. THE SCOPE OF, IS THIS RECOMMENDATION ME, MY MIC IS OFF. UM, I, I JUST WANTED TO CHECK AND SEE, IS THIS, IS THIS RECOMMENDATION THAT WE'RE MAKING TO STAFF SOMETHING THAT IS GOING TO BE, UM, RECOMMENDED TO THE CITY COUNCIL AS A MODIFICATION OR AN AMENDMENT TO THE ORDINANCE? OR IS THIS SOMETHING THAT IS JUST AN INTERNAL POLICY? IT WOULD JUST BE AN INTERNAL POLICY. SO IF, IF, UM, THE PLANNING COMMISSION WOULD CONTINUE, UM, WOULD LIKE STAFF TO JUST CONTINUE TO MONITOR, UM, AND WORK WITH CODE ENFORCEMENTS THE POLICE DEPARTMENT, AND, UM, MAKE SURE THAT WE MONITOR COMPLAINTS AND BRING THAT, BRING THOSE INDIVIDUAL APPLICATIONS BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION OR MODIFICATIONS. THAT'S JUST A PART OF THE CONDITIONAL USE PERMIT PROCESS, UM, THAT'S ALREADY IN THE CODE. UH, ANOTHER OPTION WOULD BE, UM, TO, TO TO DIRECT STAFF TO BRING A REPORT EVERY YEAR TO THE PLANNING COMMISSION. SO THAT'S AN EXTRA ITEM THAT STAFF WOULD HAVE TO DO AS A POLICY DECISION. GOT IT. OKAY. SO THE OTHER SORT OF RELATED QUESTION WOULD BE, UM, IN THE EVENT THAT WE DO HAVE THIS POLICY, HOW IS IT THAT THE UNSUSPECTING THE PUBLIC WOULD KNOW ABOUT WHAT OUR SORT OF UNWRITTEN POLICY IS AND HOW IT PERTAINS TO THE ORDINANCE? IS THAT GOING TO BE SOMETHING THAT WE DISCLOSE TO APPLICANTS AT THE TIME THEY PICK UP AN APPLICATION FOR A CUP FOR THIS KIND OF ITEM? OR IS THIS GONNA BE SOMETHING THAT THEY HAVE TO WATCH THIS MEETING AND HOPEFULLY, UH, GLEAN FROM THIS MEETING HOW THE POLICY IS ACTUALLY GOING TO BE IMPLEMENTED FOR THE, UH, YOU MEAN FOR THE, UM, ANNUAL RE UM, PLANNING COMMISSION REVIEW? WELL, FOR THE, FOR THE REVIEW, WHAT TRIGGERS, UH, WHAT TRIGGERS PLANNING COMMISSION REVIEW OF THEIR CUP, ET CETERA, ET CETERA. I MEAN, I KNOW TECHNICALLY WE COULD PULL A CUP AT ANY TIME MM-HMM. UH, BUT MY, MY POINT IS, IS THAT WE'VE REALLY HARDLY EVER DONE THAT. MM-HMM. I, I THINK I CAN THINK OF ONE INSTANCE, UH, IN THE PAST, I DON'T KNOW HOW, HOW LONG HAVE I BEEN INVOLVED WITH THE CITY, UH, I DON'T EVEN KNOW, 15, 16 YEARS, SOMETHING LIKE THAT. UM, I'VE ONLY SEEN IT ONCE. AND SO MY QUESTION IS, IS IF WE HAVE THIS POLICY, UM, I, I WOULD WANNA MAKE SURE THAT THIS POLICY IS, IS WELL KNOWN AND HOPEFULLY IT'D BE SOMETHING THAT WOULD BE GENERALLY APPLICABLE. UH, NOT NECESSARILY JUST TO THIS, BUT THAT'S A TOPIC FOR ANOTHER DAY. SO I I I, I DON'T KNOW. I WOULD SAY, UM, I WOULD SAY I WOULD BE INCLINED TO SUPPORT, UH, TO SUPPORT OPTION ONE WITH, UH, WITH LANGUAGE THAT INDICATES THERE MUST BE A NEXUS TO THE SALE OF ALCOHOL, UM, OR THE CONDITIONS THAT ARE SET FORTH IN THE CUP, UM, AS, AS APPROVED, AS WELL AS THE ABILITY FOR THE PROPERTY OWNER TO DO SOMETHING TO MITIGATE THE CONDITION IF THERE MEANING IT'S HAS TO BE ON SITE, UM, AS OPPOSED TO SOMETHING THAT IS OUTSIDE OF SOMEONE ELSE'S CONTROL. UM, AS MUCH AS, AS MUCH AS I, UM, DON'T, AS MUCH AS I, I WANNA SEE A SITUATION WHERE HOPEFULLY WE HAVE ZERO CRIME, THE REALITY IS, IS THAT CRIME EXISTS, CRIME IS GOING TO CONTINUALLY BE A PROBLEM. AND BECAUSE PROPERTY CRIME, GENERALLY SPEAKING, IS NOT TREATED VERY SERIOUSLY ON A STATEWIDE BASIS, UM, IT'S GONNA CONTINUE TO BE A PROBLEM. AND I DON'T WANNA SEE A SITUATION WHERE BUSINESS OWNERS HAVE TO PAY THE PRICE FOR WHAT ULTIMATELY WE HAVE CHOSEN FOR OURSELVES. I MEAN, AT THE END OF THE DAY, THEY'RE NOT RESPONSIBLE FOR THAT. THEY MAY BE A VOTER, BUT I DOUBT THAT THEY VOTED FOR LENIENCY ON SOMEBODY WHO DECIDES TO BURGLARIZE THEIR STORE OR TAG IT OR SOMETHING ALONG THOSE LINES. UM, AND I DON'T THINK WE SHOULD IMPOSE THAT UPON THEM JUST BECAUSE WE FEEL LIKE IT. I, I THINK WHAT STAFF HAS DONE IN THE PAST, THEY ALWAYS HAVE A COUPLE OF CONDITIONS. UM, ONE IN PARTICULAR WHERE IT SAYS, STAFF SHALL CLOSELY MONITOR ANY COMPLAINTS OR CONCERNS FILED REGARDING THE SALES OF BEER AND WINE. AND THEY GO ON AND EXPLAIN HOW THE, HOW AND AT WHAT POINT THEY WOULD REPORT TO THE PLANNING COMMISSION. AND THAT IS, THAT'S PART OF THE REASON FOR ASKING THE APPLICANTS. IF THEY'VE READ THE CONDITIONS RIGHT, THEN THE NEXT ONE THEY HAVE IS ANY ADDITION OR MODIFICATION [00:35:01] OF THE USE SHALL REQUIRE A NEW SUBMITTAL. UM, AGAIN, IF THERE'S A PROBLEM AND WE HAVE TO MODIFY THEIR CONDITIONAL USE PERMIT, I THINK THEY DO HAVE A STANDARD CONDITION WHERE STAFF WOULD PUT TOGETHER AND WOULD NOTIFY US AND THEN PROVIDE US WITH THE FACTS IN ORDER TO DO THAT. AND THAT'S ONE OF THE REASONS FOR ALWAYS ASKING THE APPLICANT IF THEY'VE HAD A CHANCE TO READ THE CONDITIONS THAT THEY'RE INITIALLY RECEIVING. TOTALLY AGREE. AND I TRUST THIS STAFF, BUT I DON'T KNOW THAT I'M GONNA TRUST THE NEXT ONE. SURE. AND I DON'T KNOW WHY ANYONE ELSE SHOULD HAVE THAT EXPECTATION. WELL, I THINK IT ALSO RESTS ON, YOU'RE RIGHT, THE NEXT COMMISSION, YOU KNOW, THEY COULD ALSO, I MEAN, I AGREE WITH YOU. I MEAN, I DON'T THINK IT'S, IT SHOULD BE A NO BRAINER THAT SOMETHING LIKE THAT WOULDN'T APPLY TO THE BUSINESS OWNER. YOU KNOW, IT'S BEYOND THEIR, UM, YOU KNOW, THEIR, UM, LIABILITY. YOU KNOW, THEY CAN ONLY DO SO MUCH, BUT ALSO YOU HAVE TO LOOK AT A BUSINESS IF THEY'VE, YOU KNOW, BEEN IN BUSINESS LIKE THE GENTLEMAN ON SUNSET, HE'S BEEN IN BUSINESS FOR 30 YEARS, HE'S NEVER HAD ANY INCIDENTS. SO HE RUNS A VERY GOOD BUSINESS. AND, BUT IF YOU WERE TO SEE ALL OF A SUDDEN HE HAS 20 COMPLAINTS IN A YEAR, THEN, YOU KNOW, OBVIOUSLY THAT SHOULD BE SOMETHING THAT WOULD BE REVIEWED. AND IT'S, YOU KNOW, IT'S COMMON SENSE. YOU KNOW, IF SOMETHING HAPPENS, YOU JUST BRING IT BEFORE THE COMMISSION AND THEN WE DISCUSS IT, BUT WE CAN'T FORETELL WHAT'S GOING TO HAPPEN AND OR PREDICT, YOU KNOW, ANYTHING IN THE FUTURE. YEAH. AND, AND JUST TO CLARIFY, WE'RE NOT CHANGING THE POLICY 'CAUSE IT STAYS STATES, THE CURRENT PRACTICE ESTABLISH THE ONLY THING, THE ONLY THING THAT THIS WILL DO IS TO NOTIFY THE COMMISSION SOONER THAN LATER ABOUT ACT CRIMINAL ACTIVITY THAT'S OCCURRING AT A CUP LOCATION. CORRECT? THAT'S CORRECT. UM, THE OTHER INSTANCE THAT YOU WERE, THAT YOU HAD REFERRED TO BEFORE MM-HMM. , UM, IT WAS ALREADY OUTTA HAND MM-HMM. WHEN, WHEN IT WAS BROUGHT TO THE PLANNING COMMISSION. SO THIS IS JUST SO THAT, UM, YOU'RE AWARE AND WE'RE AWARE THAT THAT, UM, WE WE'RE NOT GONNA LET IT GET THAT BAD BEFORE WE BRING IT BACK TO THE PLANNING COMMISSION. UM, AND WE INFORM THE APPLICANT. YEAH. SO WE'RE NOT GONNA, WE'RE THIS IS NOT TO CHANGE THE RULES TO GO, TO MAKE IT MORE, MORE STRICTER OR, OR TO TARGET CERTAIN BUSINESSES. THIS IS ALL, ALL THIS IS SAYING IS MM-HMM. . AND WE HAD A CASE IN OUR CITY WHERE WE HAD A, A, A BAR RESTAURANT, UM, WHO THE OWNER WAS, UH, ENGAGING IN CRIMINAL ACTIVITY. HE, BASED UPON THE FACTS AND HIS SWORN STATEMENTS, IT IT CLEAR, IT'S CLEARLY INDICATED THAT HE WAS PURPOSELY TURNING OFF HIS CAMERAS AND NOT WORKING WITH OUR POLICE DEPARTMENT TO CRASH CRIMINALS AS WELL. AND SO NOW WE'RE HERE TODAY TO COME UP WITH A FUTURE PLAN, UH, FOR THE, THE MONTHS AND YEARS TO COME. AND SO, UH, YEAH, I MEAN, I, I THINK THIS IS, THIS IS GREAT. AND I THINK, UM, I THINK IT, I THINK IT DOES HAVE TO BE FOR, OBVIOUSLY ITEMS ARE, ARE THAT ARE IN LIKE LAST, LIKE AT THE LAST INSTANCE, MAJOR ACT, MAJOR THINGS HAPPENING IN ORDER TO BRING IT BACK TO THE COMMISSION. AND SO, YEAH. SO I MEAN, I THINK THIS IS A GREAT IDEA. ANY MORE COMMISSION DISCUSSION. I THINK ALSO TO ADD IS THAT THIS, UM, PARTICULAR, UH, CUP IS, IT'S RELATIVELY NEW. SO IF IT'S BEEN AROUND FOR YEARS AND YEARS, THEN MAYBE WE HAD SOME HISTORIES. HOWEVER, THIS IS RELATIVELY NEW. UM, AND WE ARE, YOU KNOW, WE ARE, THERE ARE THINGS THAT IS IN PLACE ALREADY TO MONITOR SOME OF THESE ACTIVITIES AT THE, AT THE, AT THE STORES SUCH AS THE CCTV, UM, IF THIS INCIDENT THAT HAPPENED AND WHAT HAVE YOU. BUT AS A COMMISSIONERS, WE ALSO WANTED TO KNOW WHETHER THIS IS GONNA WORK OR NOT. BECAUSE TRADITIONALLY IN THE PAST GAS STATIONS WERE NOT ALLOWED BEER AND WINE. SO BECAUSE IT'S SO NEW, PERHAPS WITHIN A YEAR OR TWO, WE ARE LOOKING AT THIS WHOLE INCIDENT WHETHER THERE IS A PROBLEM OR NOT. SO MAYBE NEXT YEARS, IF THERE'S NO PROBLEMS, THEN WE DON'T NEED TO TO KNOW ABOUT IT. WELL, LIKE THE STAFF HAS SAID, EVEN THEY HAVE ANOTHER CONDITION WHICH EXPLAINS WHEN IT COMES TO CONDITIONAL USE PERMITS, UM, REGARDLESS OF WHAT IT'S ISSUED FOR, BECAUSE IT'S CONDITIONAL, THE CITY ALREADY HAS A SECTION IN THE MUNICIPAL CODE THAT TALKS ABOUT IT WOULD ALLOW THE CITY TO REVOKE, AMEND, OR SUSPEND. BUT AGAIN, IT WOULD DEPEND ON THE SITUATION. AND SO IN THAT, AND IN THE STANDARD CONDITIONS THAT THEY GET, AGAIN, WE WOULD BE UNDER THE IMPRESSION THAT [00:40:01] THE STAFF IS GONNA FOLLOW WHAT THE CODE HAS ALREADY LAID OUT. AND SO IF IT'S SOMETHING THAT'S SERIOUS, THE STANDARD CONDITION THAT THEY HAVE, ANYONE WHO GETS A CONDITIONAL USE PERMIT GETS THAT STATEMENT IN THERE. RIGHT. AND ALSO THE BUSINESS OVER CAN BE GIVEN SEVERAL WARNINGS. YOU KNOW, YOU GIVE THEM, YOU KNOW, PUT A LIMIT ON THE WARNINGS. AND AFTER THE THIRD WARNING, YOU KNOW, SUSPENSE, I, I, I DON'T KNOW, YOU CAN EVEN ADD SOMETHING THERE IF YOU LIKE TO. I MEAN, OBVIOUSLY AT THE FIRST TIME IT COMES BEFORE, YOU KNOW, WE CAN ALSO TALK TO THEM ABOUT AMENDING THEIR, YOU KNOW, REQUIREMENTS OR THEIR, YOU KNOW, WHATEVER ROLES THEY HAVE AT THEIR STORE WITH THEIR EMPLOYEES, YOU KNOW, WITH THEIR PATRONS, YOU KNOW, WHATEVER. THEY COULD PUT UP MORE SIGNS OR SOMETHING THAT WOULD HELP TO, YOU KNOW, SAY THAT THIS, YOU KNOW, WE DO NOT ALLOW THIS TO MAKE SURE THEY'RE ENFORCING MM-HMM. , YOU KNOW, WHATEVER THE A BC REQUIRES FOR THEM TO DO AND TO, TO WHATEVER PROBLEMS THEY'RE HAVING TO, IT COULD ADDRESS THAT AS WELL. SO, I MEAN, THERE'S, IT'S NOT LIKE IF IT COMES TO FORCE, WE'RE GONNA TAKE AWAY THEIR PERMIT. THEY'LL BE GIVEN EITHER A WARNING OR TOLD HOW THEY NEED TO PROCEED TO MAKE SURE THAT THEY HOLD UP TO THE CONDITIONAL USE PERMIT. CORRECT. RIGHT. CORRECT. RIGHT. UH, SO THIS IS A, THIS IS A HEARING ITEM, RIGHT? A NON-HEARING ITEM. OH, IT'S A NON-HEARING ITEM. OKAY, PERFECT. OKAY. UM, OKAY. IS THERE, UH, I GUESS WE NEED, YOU NEED US TO DO A MOTION AND SECOND? YES. OKAY. IS THERE A MOTION ON THIS ITEM? OKAY. I WOULD MAKE A MOTION THAT, UM, WE MOVE TO ACCEPT WHAT STAFF IS SAYING, RECOMMENDING TO THE PLANNING COMMISSION THAT THEY CONTINUE WITH THE CURRENT PRACTICE ESTABLISHED BY EACH INDIVIDUAL CONDITIONAL USE PERMIT IN ITS CONDITIONS OF APPROVAL AND WORKING WITH CODE ENFORCEMENT TO MONITOR RELATED COMPLAINTS AND BRING THE INDIVIDUAL, UM, CUP BACK TO THE PLANNING COMMISSION FOR MODIFICATION OR REVOCATION PROCEDURES IF THE COMPLAINTS ARE VERIFIED. AND I'LL SECOND THAT. SO NOW WE HAVE A, A MOTION BY VICE CHAIR WILLIAMS AND A SECOND BY MYSELF. UH, JOHN, CAN YOU, UH, CLARIFY THE MOTION AND DO ROLL CALL? I, I HAVE A QUICK QUESTION. YES, GO AHEAD. VICE CHAIR WILLIAMS. UM, SO I JUST WANNA MAKE SURE, SO IS IT A, A NEXUS? SO, SO WHAT YOU ARE MOTIONING IS THAT THE REVIEW WOULD BE TRIGGERED BY SOMETHING THAT HAS A NEXUS TO ALCOHOL SALES OR, OR THE CONDITIONS SET FORTH IN THE CONDITIONAL USE PERMIT. CORRECT. EITHER OR. OKAY. SO SAY IF THEY VIOLATE A CLEAR YEAH. SO, OR THE, THE FLOCK CAMERA IS RIGHT. I, I DON'T KNOW, SOMETHING, SOMETHING ALONG THOSE LINES. I, I DON'T KNOW NECESSARILY WHAT CONTROL THEY HAVE OVER THAT AFTER IT'S INSTALLED, BUT YEAH, I MEAN, CONCEIVABLY RIGHT. BUT, UM, I, I JUST WANNA MAKE SURE THAT WE'RE BEING CLEAR IN TERMS OF WHAT THE NEXUS WOULD BE. IS THE YEAH, YEAH, NO, YOU'RE CORRECT. IT WOULD, IT WOULD ALSO AFFECT THE CONDITIONS THAT ARE ACTUALLY LAID OUT, AND IF THEY DON'T COMPLY LIKE THEY SHOULD THEN YEAH. GOT IT. OKAY. GREAT. OKAY. SO THE, THE MOTION IS TO DIRECT STAFF TO CONTINUE WORKING WITH CO CODE ENFORCEMENT TO MONITOR RELATED COMPLAINTS RELATED TO THE BEER AND WINE SALES, UM, AND RELATED IN COMPLAINTS THAT THE, THE BUSINESS OWNER HAS CONTROL OVER. BRING THE INDIVIDUAL CUP BACK TO THE PLANNING COMMISSION FOR MODIFIC MODIFICATIONS OR REVOCATION PROCEDURES, UM, AS REQUIRED BY THE CON CONDITIONAL USE PERMIT IN CODE STANDARDS. UM, I'LL GO AHEAD AND TAKE ROLL CALL. COMMISSIONER LEWIS. AYE. COMMISSIONER HANG. AYE. COMMISSIONER BECERRA. AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ AYE. MOTION PASSES. HAS THIS OKAY. OKAY. NOW WE'LL MOVE ON TO THE FUN STUFF. . JUST KIDDING. WE'LL NOW MOVE ON [4. REORGANIZATION OF THE PLANNING COMMISSION] TO, UM, THE REORGANIZATION, UH, OF THE PLANNING COMMISSION. WE WILL NOW HOLD OUR ANNUAL ELECTION FOR THE PLANNING COMMISSION OFFICERS. IS THERE A NOMINATION FOR VICE CHAIRPERSON COMMISSIONER HANG. OKAY. WE HAVE A, WE HAVE A, AND I'LL, I'LL SECOND THAT [00:45:02] SO WE HAVE A MOTION. THE SECOND TO NOMINATE, COMMISSIONER HANG AS VICE CHAIR OF THE PLANNING COMMISSION AHEAD AND DO ROLL CALL ON THAT ONE COMMISSION. COMMISSIONER LEWIS. AYE. COMMISSIONER HANG. AYE. COMMISSIONER ERRA. AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ. AYE. OKAY. GREAT. SHEENA, YOU'RE NOW OUR VICE CHAIR . WE'LL NOW MOVE ON TO, UM, UH, THE COMMISSIONER, VICE CHAIR WILLIAMS IS NOW OUR VICE CHAIR. IS THERE A NOMINATION FOR THE PLANNING COMMISSION CHAIR? AND I WILL GO AHEAD AND NOMINATE VICE CHAIR WILLIAMS TO BECOME OUR NEXT CHAIR. I'LL SECOND. OKAY. WE HAVE A MOTION ON MYSELF AND A SECOND BY COMMISSIONER LEWIS TO MAKE VICE CHAIR WILLIAMS OUR CHAIR. COMMISSIONER LEWIS. AYE. COMMISSIONER, COMMISSIONER ER AYE. VICE CHAIR WILLIAMS. AYE. CHAIR GUTIERREZ. AYE. OKAY, GREAT. VICE CHAIR WILLIAMS IS NOW THE PLANNING COMMISSION CHAIR FOR THE CITY OF WEST TRINA'S PLANNING COMMISSION. NOW IT SAYS, I, I MAY SAY A FEW WORDS, . SO I HAVE HAD THE, THE GREAT PRIVILEGE AND HONOR TO SERVE THE GREAT CITY OF WEST TRINA FOR THIS PAST YEAR AS CHAIR, UH, OF THE PLANNING COMMISSION. AND IT'S BEEN A GREAT HONOR TO SERVE THE COMMUNITY, TO BE ABLE TO WORK WHERE COM OUR COMMUNITY AND, AND TO CREATE DIFFERENT EVENTS THAT PROSPER OUR LOCAL COMMUNITIES. UH, IT'S BEEN A AS CHAIR WE'VE, UM, AND THIS COMMISSION HAS PASSED SOME OF THE MAJOR, SOME MAJOR HOUSING PROJECTS IN OUR COMMUNITY THAT BUILDS MORE AFFORDABLE HOUSING IN OUR GREAT CITY AND IN THE STATE OF CALIFORNIA. AND SO IT HAS BEEN A PRIVILEGE TO BE, UH, THE CHAIR OF THE PLANNING COMMISSION. AND I WOULD LIKE TO THANK, UH, MY FELLOW COMMISSIONERS FOR MAKING ME THE CHAIR LAST YEAR. AND THEN ALSO THANK OUR STAFF, UH, OUR CITY STAFF WHO WORKS, UH, TREMENDOUSLY HARD WITH PASSION AND DEDICATION EVERY DAY TO MAKE A DIFFERENCE IN OUR COMMUNITY, TO MAKE SURE PROJECTS GET DONE FAST AND ACCURATELY AND IN ACCORDANCE WITH THE LAW. SO I COMMEND OUR STAFF, UM, FOR THE HARD WORK THEY DO EVERY DAY TO MAKE SURE OUR COMMUNITY OPERATES AND RUNS EVERY DAY. SO, THANK YOU. AND NOW I WILL SWITCH SEATS FOR OUR NEW CHAIR. THANK YOU FOR YOUR TIME. SERVED . OKAY. AT [5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT] THIS TIME, UM, JOANNE, IS THERE A REPORT FROM THE COMMUNITY DEVELOPMENT DIRECTOR? YES. SO, UM, FIRST OFF, THANK YOU, UM, COMMISSIONER GUTIERREZ FOR YOUR TIME, SERVED AS CHAIR, UM, AND, UM, CHAIR WILLIAMS. I'M LOOKING FORWARD TO THIS NEXT UPCOMING YEAR, UM, WITH YOUR SERVICE AS CHAIR. THANK YOU. UM, AS FAR AS THE COMMUNITY DEVELOPMENT DIRECTOR'S REPORT, UM, ON, ON MONDAY, MAY 27TH, UM, 2024 AT 10:00 AM THERE WILL BE A MEMORIAL DAY CELEBRATION AT THE WEST COVINA CIVIC CENTER. UM, AND ON MAY 30TH FROM 8:00 AM TO 4:00 PM AT THE SPORTSPLEX, THE CITY IS HAVING ITS, OR HOLDING ITS FIRST ANNUAL HEALTH AND WELLNESS SENIOR EXPO AND ALSO A SENIOR SOFTBALL TOURNAMENT. AND THIS UPCOMING SATURDAY ON MAY 18TH FROM 9:00 AM TO 3:00 PM THERE WILL BE A HAZARD OR HAZARDOUS WASTE ROUNDUP AT THE WEST CONA MAINTENANCE YARD. SO THOSE ARE THE EVENTS THAT ARE COMING UP [00:50:01] FOR THE CITY. THAT CONCLUDES THE COMMITTEE DEV DEVELOPMENT DIRECTOR'S REPORT. OKAY. THANK YOU. DO I NEED TO INDICATE THAT AT OUR NEXT MEETING IS WILL THEY'LL CONSIDER THE NEW MEMBERS FOR THE DESIGN REVIEW SUBCOMMITTEE? YES. OKAY. ? UM, YES. FOR, I'M SORRY. SORRY ABOUT THAT. UM, FOR THE NEXT PLANNING COMMISSION MEETING, THE CITY WILL, THE PLANNING COMMISSION WILL CONSIDER THE, THE NEXT MEMBERS OF THE, UM, DESIGN REVIEW SUBCOMMITTEE. AND CURRENTLY, UM, CHAIR, I'M SORRY, COMMISSIONER BECERRA AND VICE CHAIR HANG, UM, SERVES AS MEMBERS OF DE DESIGN DESIGN REVIEW SUBCOMMITTEE. AND TRADITIONALLY, THE, THE CHAIR DOES NOT SERVE AS A MEMBER OF DESIGN REVIEW SUBCOMMITTEE, SO IT WOULD BE OTHER, OTHER PLANNING COMMISSIONERS. SO IF ANY OF THE OTHER PLANNING COMMISSIONERS WOULD LIKE TO OR IS THINKING ABOUT VOLUNTEERING OR CONSIDERING VOLUNTEERING, UM, IT, IT WOULD BE APPRECIATED IF YOU, UM, INFORMED THE CHAIR, UM, OF YOUR DESIRE TO DO SO. BEFOREHAND, AT THE CITY, UM, CITY LAST CITY COUNCIL MEETING, THERE WAS NO PLANNING, UM, DIVISION RELATED ACTIONS TO REPORT. OKAY. SO HAVING NO FURTHER BUSINESS, THIS MEETING WILL STAND ADJOURNED. * 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.