[CALL TO ORDER ]
[00:00:05]
WELCOME TO THE REGULAR MEETING OF THE PLANNING COMMISSION.IT'S NOW CALLED TO ORDER FOR MARCH 24TH, 2026.
UH, WE'LL NOW TAKE A, A MOMENT FOR SILENT PRAYER OR MEDITATION, FOLLOWED BY THE PLEDGE OF ALLEGIANCE WITH, UH, UH, COMMISSIONER CASTANOS, PLEASE RISE.
I PLEDGE TO DO THE MOMENT, OR YOU GONNA DO MOMENT.
I PLEDGE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR, UM, ARTURO.
[APPROVAL OF MINUTES ]
WE HAVE THE MINUTES FROM THE REGULAR MEETING ON JANUARY 27TH, 2026.DOES ANYONE HAVE ANY AMENDMENTS TO THE APPROVE, UH, TO THE MINUTES? OKAY.
UM, MINUTES ARE APPROVED AS PRESENTED ORAL COMMUNICATIONS.
UM, WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA? OKAY.
UM, WE HAVE NO ITEMS ON THE CONSENT CALENDAR THIS EVENING.
SO, UM, TONIGHT WE HAVE NO PUBLIC HEARINGS OR ITEMS, SO WE WILL MOVE ON TO NON-HEARING ITEMS. UM, TONIGHT
[2. TECHNICAL CLEAN-UP; RELEASE OF COVENANT RESTRICTING SALE OF 2200 EAST GARVEY AVENUE GENERAL CEQA EXEMPTION]
WE HAVE ONE NON-HEARING ITEM, WHICH WILL BE PRESENTED BY THE STAFF REPORT.WHO WILL PRESENT THE STAFF REPORT.
UM, OUR CONTRACT PLANNER, PAUL LAMB, WILL PRESENT TONIGHT'S, UH, UH, STAFF REPORT.
UH, JUST GIMME A SECOND TO CALL THIS POWERPOINT UP.
SO, UH, TONIGHT, UH, PRESENT TO YOU THIS CL UH, TECHNICAL CLEANUP ITEM, WHICH IS A REQUEST TO, UH, WHICH INVOLVES THE TWO HIGHLIGHT PARCELS THAT YOU CAN SEE ON THE SCREEN THERE.
UM, THEY'RE LOCATED ALONG THE EAST SIDE OF THE INTERSECTION AT EAST GARVEY AVENUE, SOUTH AND SOUTH HOLLENBECK AVENUE.
UH, THE REQUEST IS FOR THE RELEASE OF A RECORDED COVENANT REQUIRING BOTH OF THESE SUBJECT PARCELS TO BE HELD AS ONE PARCEL.
NOW, UH, THE SOUTHERLY PARCEL THAT'S ON THE SCREEN THERE IS IMPROVED WITH A VACANT COMMERCIAL BUILDING, FORMERLY THE VIA TEAK RESTAURANT, AS WELL AS SOME SURFACE PARKING.
THE NORTHERLY PARCELS IMPROVED WITH A SURFACE PARKING LOT AND WAS USED BY THE RESTAURANT FOR PARKING PURPOSES IN 1994.
THE RESTAURANT DID RECEIVE, UH, CONDITIONING PERMIT APPROVAL FROM THE PLANNING COMMISSION TO ALLOW ALCOHOL SERVICE, LIVE ENTERTAINMENT, AND DANCING.
UM, AND, AND THIS COMBINATION OF USES DID REQUIRE QUITE A BIT OF PARKING TO ENSURE THAT THE RESTAURANT WOULD HAVE ADEQUATE PARKING.
IT WAS REQUIRED THAT THE TWO PARCELS BE HELD AS ONE PARCEL AND A COVENANT REQUIRING SUCH, UH, WAS RECORDED IN 1995.
NOW, UM, SOME OF THE COMMISSIONERS, UH, MAY RECALL THAT BACK IN NOVEMBER OF LAST YEAR, A PRECISE PLAN, UM, A CONDITION USE PERMIT AND A TRUE REMOVAL PERMIT WERE APPROVED FOR THE DEVELOPMENT OF A ONE STORY ADULT DAYCARE FACILITY.
UH, ON THE SOUTHLY PARCEL ONLY THE APPROVED ADULT DAYCARE FACILITY HAS A LOWER PARKING REQUIREMENT THAN THAT OF THE PREVIOUS RESTAURANT USE, AND THEREFORE, UH, DID NOT REQUIRE USE OF ANY OF THE SPACES LOCATED ON THE NORTHLY PARCEL.
UM, AND AS SUCH, THE APPLICANT IS CURRENTLY IN ESCROW TO PURCHASE THE SOUTHLY PAR SOUTHLY PARCEL ONLY, AND DID NOT INTEND TO, UH, PURCHASE THE NORTHLY NORTHLY PARCEL.
UH, IT WAS, UH, DURING ESCROW WHEN THE COVENANT WAS DISCOVERED.
NOW, THE RELEASE OF THE RECORDED COVENANT IS NECESSARY FOR THE FOLLOWING REASONS.
THE PREVIOUS RESTAURANT USE, UH, FOR WHICH THE COVENANT WAS INTENDED PERMANENTLY CLOSED IN TWO 2024.
THE COVENANT NO LONGER SERVES ANY PRACTICAL PURPOSE, AS THE SITE WILL NO LONGER BE USED FOR RESTAURANT PURPOSES.
UH, THE COVENANT IMPEDES DEVELOPMENT OF THE RECENTLY APPROVED ADULT DAYCARE PROJECT IN THAT THE PROJECT SITE IS ENCUMBERED WITH AN OUTDATED RESTRICTED COVENANT, AND THAT THE COVENANT NOW POSES AN OBSTACLE TO THE PROJECT SITE SALE.
NOW, WITH THIS, UH, PLANNING STAFF
[00:05:01]
RECOMMENDS THAT THE PLANNING COMMISSION ADOPT RESOLUTION NUMBER 26 DASH 6 1 7 7 AND AUTHORIZE A COMMUNITY DEVELOPMENT DIRECTOR OR HIS OR HER DESIGNEE TO EXE EXECUTE A RELEASE OF RESTRICTIVE COVENANT TO RELINQUISH AN OBSOLETE RESTRICTIVE COVENANT THAT WAS RECORDED FOR THE PROPERTY AT 2200 EAST GARVEY AVENUE SOUTH.UH, THIS CONCLUDES STAFF'S PRESENTATION.
THE APPLICANT IS HERE AS WELL.
UH, AND IF YOU HAVE ANY QUESTIONS FROM EITHER OF US, UH, WE WILL BE ABLE TO ANSWER.
UH, WOULD THE APPLICANT LIKE TO COME FORWARD OR YOU CAN ANYONE HAS ANY QUESTIONS OR YOU CAN TELL US A LITTLE BIT ABOUT YEAH.
CHARLES S. SMITH, I'M JUST HERE TO ANSWER ANY QUESTIONS WITH MARKET STREET DEVELOPMENT.
I JUST WANNA THANK YOU ALL FOR SHOWING UP THIS EVENING.
SO DID THIS, SO THE PARCELS AREN'T TIED TOGETHER AS ONE PARCEL.
THERE'S STILL TWO PARCEL NUMBERS.
AND THERE WAS NOTHING, SO I GUESS WHEN THE PRELIMINARY REPORT CAME OUT ON THE PROPERTY, IT SHOWED THAT IT WAS TIED TO THE OTHER PARCELS THAT WHAT HAPPENED? YEAH, WE JUST MISSED IT ON THE, YEAH.
AND, AND JUST TO CLARIFY, AND THE, UH, DEVELOPER CAN CORRECT ME IF I'M WRONG ON THIS, IT'S NOT LIKE THAT THE PARCELS WERE TIED TOGETHER, LIKE UNDER A MAP ACT ACTION, TYING THEM TOGETHER FORMALLY, THERE WAS JUST THIS COVENANT SAYING YOU CAN'T SELL ONE WITHOUT SELLING THE OTHER.
THAT WOULD'VE SHOWN ON THE PRELIMINARY PART.
WELL, UM, DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? I JUST HAVE A, I DON'T HAVE ANY QUESTIONS FOR THE APPLICANT.
I HAVE JUST A QUICK COMMENT AND THEN I WILL, UH, I, I WILL MOTION TO, TO ADOPT THE, UH, RESOLUTION NUMBER 26 DASH 6 1 77.
UM, I JUST, JUST REAL QUICK AS JUST A MATTER OF COURSE, IF, IF ONE OF THESE COMES UP IN THE FUTURE, I, I JUST WANT TO, UH, REQUEST A STAFF IF WE CAN GET A COPY OF THE, UH, RESTRICTIVE COVENANT.
I, I PERSONALLY PULLED IT, BUT, YOU KNOW, I'M A LAWYER SO I CAN PULL THESE THINGS PRETTY EASILY WHENEVER I NEED TO.
I DON'T KNOW THAT EVERYBODY WHO'S A PLANNING COMMISSIONER CAN NECESSARILY DO THAT.
AND IT WOULD'VE BEEN HELPFUL, UH, TO UNDERSTAND WHAT WAS ACTUALLY IN THE RESTRICTIVE COVENANT, UH, AS RECORDED.
'CAUSE THERE'S JUST A REFERENCE TO IT IN THE STAFF REPORT.
IT WAS ALSO KIND OF OPAQUE AS TO WHAT WAS GOING ON.
I HAD TO ACTUALLY LOOK AT THE MEETS AND BOUNDS AND UNDERSTAND WHAT WAS GOING ON BASED UPON WHAT WAS IN THE, THE STAFF REPORT.
FORTUNATELY, THE POWERPOINT DOES HELP OUT.
BUT WITH THAT, UM, I WILL MOTION TO, UH, ADOPT RESOLUTION NUMBER 26 DASH 6 77.
MY ONLY CONDITION, THE COMMENT I WOULD MAKE IS, YEAH, THIS SEEMS OUTDATED.
UH, PROBABLY SHOULD HAVE BEEN CAUGHT SOONER, BUT THAT'S OKAY.
SO I'LL SECOND AND MOVE FORWARD.
I ACTUALLY
JUST CURIOUS WHAT YOU CAN DO WITH THE OTHER PARCEL.
THAT WOULD BE THE OWNER'S PURVIEW, I WOULD GUESS? CORRECT.
YEAH, THEY'RE TWO SEPARATE APNS.
ONE ENDS IN OH OH EIGHT, THE OTHER ONE ENDS IN OH NINE.
SO YEAH, I MEAN, WHAT CAN BE DONE WITH THAT ADDITIONAL PARCEL ANYWAYS? THE CITY HAVE, I MEAN, WHO OWNS IT? NO ONE NOW, BOTH THE ORIGINAL GENTLEMAN SITTING IN THE CROWD.
SO THEY'RE, THEY'RE BOTH BEING BOUGHT TOGETHER NOW THEN AS ONE PARCEL NOW? NO, NO.
HE'S NOT BUYING IT OR HE IS BUYING IT SEPARATELY? JUST THAT'S WHAT I THOUGHT.
THAT'S WHAT I JUST SAID TO THE CHAIR.
WE'RE WE'RE, UM, WE'RE JUST BREAKING.
I CAN PULL THEM ACTUALLY AS WELL ON A PRELIM, WE'RE JUST BREAKING THE PROMISE THAT ORIGINALLY EXISTED AND NOTHING MORE.
THE INTENT WAS ALWAYS TO SELL THE ALTA PAK RESTAURANT BY ITSELF TO THE, UH, NEW DEVELOPER WHO'S DEVELOPING A, AN ADULT DAYCARE FACILITY IN THEIR DUE DILIGENCE.
IT, THIS, UM, BINDING DOCUMENT DIDN'T COME UP UNTIL LATER DOWN THE ROAD.
SO MY QUESTION WAS ACTUALLY JUST WHAT HAPPENS WITH THE OTHER PARCEL IS IT, UH, YOU KNOW, NOW THAT THEY'RE NOT REQUIRED TO BE SOLD DIRECTLY, THE OWNER, THE OWNER MAINTAINS IT, HE CAN, YOU KNOW, REACH OUT TO US REGARDING DEVELOPING IT.
UM, I THINK THERE ARE SOME CURRENT OWNER KEEPS IT, THERE ARE SOME ENCUMBRANCES ON THE SITE.
UM, THERE'S A CELL TOWER, THERE'S SOME, SO THERE'S A LONG TERM LEASE, PRESUMABLY.
UH, SO THERE'S A LOT OF THINGS WE JUST CAN'T ANSWER.
YOU CAN PUT A BILLBOARD OR WHATEVER HE WANTS RIGHT BY THE FREEWAY.
SO, UM, YOU WANNA GO AHEAD AND PULL THE COMMISSION? YES.
[COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS]
ONTO COMMISSION REPORTS, MISCELLANEOUS ITEMS.[00:10:01]
DOES ANYONE HAVE ANYTHING TO REPORT OR OFFER COMMENTS ON? UH, NO, NO COMMENT.UH, BUT MORE OF A, OF A QUESTION AS TO PROCEDURALLY MOVING FORWARD.
UM, THIS, THIS HAS BEEN SOMETHING THAT UNFORTUNATELY IS, IS A PRODUCT OF, YOU KNOW, HAVING A LOT OF STAFF TURNOVER THE LAST FEW YEARS IS THIS COMMISSION HAS APPROVED, UH, A SERIES OF, OF MOTHER MAY I ITEMS, AND THEN THEY SORT OF GET LOST IN THE ETHER.
ONE OF THE THINGS I'D LIKE TO SEE MOVING FORWARD, IF WE CAN, IS TO HAVE A MECHANISM BY WHICH EVERY SINGLE MOTHER MAY I, ITEM THAT HAS NOT BEEN ADDRESSED IS LISTED ON EVERY AGENDA MOVING FORWARD WITH A PROJECTED DATE AS TO WHEN IT WILL BE BROUGHT BACK AND A RETROSPECTIVE, UM, AS TO WHAT WE HAVEN'T COVERED.
BECAUSE THERE'S A NUMBER OF ITEMS I'M, I, I'M HAPPY TO GO THROUGH AND SUBMIT AN EMAIL TO STAFF ON THAT.
UM, AND, AND I'M SURE EVERY OTHER MEMBER OF THIS BODY PROBABLY HAS SOMETHING THAT THEY BROUGHT UP THAT HAS KIND OF GONE BY THE WAYSIDE.
SO I'D LIKE TO, I'D LIKE TO SEE THAT BE SOMETHING AS PART OF OUR, OUR REGULAR, UH, OUR REGULAR, UH, AGENDA MOVING FORWARD.
THAT'S A GOOD, GOOD SUGGESTION.
ANYONE ELSE HAVE ANY NEED TO REPORT? ANY COMMENTS? UH, COMMITTEE DEVELOPMENT DIRECTORS REPORT? UH, WE NOTHING TO REPORT.
[CITY COUNCIL ACTION]
COUNCIL ACTIONS, ARE THERE ANY CITY COUNCIL ACTIONS TO REPORT? NO.UM, BEFORE WE ADJOURN, I JUST WANTED TO, UM, UH, MY MOTHER, ROSA MEDIA ROCHA WAS BORN IN, UH, OCTOBER 22ND, 1924, AND RECENTLY PASSED ON MARCH, UH, 12TH.
AND, UM, SHE WAS BORN THE SAME YEAR.
SO, UH, SHE WAS A LONGTIME RESIDENT SINCE 1970.
AND I HAD ASKED THE PREVIOUS STAFF FOR SOME KIND OF RECOGNITION PROCLAMATION OF SOME SORT, AND WE NEVER RECEIVED IT.
SHE'S NOW NO LONGER ABLE TO RECEIVE IT NOW, BUT I WOULD STILL WOULD LIKE ONE IF POSSIBLE.
WE'LL DEFINITELY TAKE A LOOK AT THAT AND, AND AT THE NEXT MEETING, UM, BRING THAT FORWARD.
HAVING NO FURTHER BUSINESS, THIS MEETING IS, IF WE CAN, CAN WE ADJOURN IN YOUR MOTHER'S MEMORY? ABSOLUTELY.
MOTION TO ADJOURN IN THE MEMORY OF ROSA MARIA ROCHA.