[Call To Order]
[00:00:05]
LADIES AND GENTLEMEN, WE'RE GONNA GO AHEAD AND START THE MEETING.
SO, UM, I HEREBY CALL THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL, CITY OF NOVEMBER 18TH, 2024 AT 6:01 PM TO ORDER.
BEFORE I PROCEED, I REQUEST THE INTERPRETER, TAKE A MOMENT TO EXPLAIN THE CITY'S INTERPRETATION SERVICES THAT WILL BE OFFERED FOR THIS EVENING'S PLANNING COMMISSION MEETING.
WOULD THE INTERPRETER PLEASE GO AHEAD.
I WILL NOW PROVIDE THE INSTRUCTIONS FOR THE INTERPRETATION SERVICES.
TO USE THE ZOOM INTERPRETATION FEATURE, PLEASE SCROLL TO THE BOTTOM OF THE ZOOM SCREEN WHERE THE MEETING CONTROLS ARE.
CLICK ON THE INTERPRETATION ICON THAT APPEARS AS A GLOBE AND SELECT EITHER ENGLISH OR SPANISH.
IF YOU'RE JOINING US ON THE ZOOM MOBILE APP OR EVEN FOR SOME COMPUTERS, PLEASE PRESS THE ELLIPSES, THE ICON THAT SAYS MORE THEN INTERPRETATION, AND THEN CHOOSE YOUR LANGUAGE.
IF YOU ONLY WISH TO LISTEN TO THE INTERPRETER'S VOICE, YOU CAN ACTIVATE THE MUTE ORIGINAL AUDIO OPTION.
I WILL NOW PROVIDE THE SAME INSTRUCTIONS IN SPANISH.
UH, I DO WANT TO ANNOUNCE, UH, SINCE WE HAVE A NUMBER OF PEOPLE HERE TONIGHT, THE PLANNING COMMISSION WILL NOT BE CONSIDERING THE, UH, ITEM NUMBER FOUR ON THE AGENDA, WHICH I THINK MOST OF YOU ARE HERE TO TALK ABOUT TONIGHT.
UH, WE WILL NOT, I WILL NOT BE OPENING THE PUBLIC HEARING ON THAT.
UM, IF YOU FEEL YOU MUST SPEAK ON THIS ITEM, YOU CAN ONLY SPEAK TO THE CONTINUANCE.
YOU CAN SPEAK NEITHER FOR NOR AGAINST THE PROJECT.
YOU CAN ONLY ADDRESS THE CONTINUANCE TO DECEMBER.
MORE DETAILS ON THAT WILL COME LATER, BUT I WANTED TO ANNOUNCE THAT RIGHT UP FRONT IN CASE ANYBODY HAS ANYTHING ELSE THEY WANT TO DO THAT THEY NEED TO DO, BECAUSE WE WON'T BE CONSIDERING THAT PARTICULAR PROJECT TONIGHT.
IT IS THE PROJECT LOCATE LOCATED ON SWEETWATER ROAD BETWEEN OLIVE STREET AND ORANGE STREET.
A LIVE WEBCAST OF THIS MEETING MAY BE VIEWED ON THE CITY'S WEBSITE AT HTTPS SLASH SLASH WWW.NATIONALCITYCA.GOV/WEBCAST.
THE NOTICE AGENDA AND INFORMATION ON THE CITY OF NATIONAL CITY'S WEBSITE INFORMED THE PUBLIC, UH, THAT THEY MAY SUBMIT PUBLIC COMMENT ON A SPECIFIC AGENDA ITEM IN A NUMBER OF WAYS.
FIRST, BY MAIL AT P-L-C-P-U-B, COMMENT@NATIONALCDCCA.GOV NO LATER THAN FOUR HOURS BEFORE THE MEETING.
SECOND VIA ZOOM BY PRE-REGISTERING ON THE CITY'S WEBSITE, NO LATER THAN FOUR HOURS BEFORE THE MEETING AT HTTPS SLASH SLASH WWW NATIONAL CDC.GOV/PUBLIC COMMENT.
AND THIRD, THE PUBLIC CAN PROVIDE COMMENT IN PERSON HERE AT THE MEETING.
ALL WRITTEN COMMENTS RECEIVED WILL BE DISTRIBUTED TO THE PLANNING COMMISSION AS APPROPRIATE PRIOR TO THEIR RESPECTIVE MEETINGS AND PUBLISHED AT THE CITY'S WEBSITE.
IF RECEIVED BY THE DEADLINE, I REQUEST THE PLANNING COMMISSION.
SECRETARY, NOW PROCEED WITH ROLL CALL VICE CHAIR.
COMMISSIONER VALENZUELA HERE, CHAIR MILLER PRESENT, VICE CHAIR CASTLE.
I DO WANT TO NOTE THAT THE CITY HALL DOORS ARE LOCKED.
WE HAVE MADE OUR FACILITIES, UH, STAFF AWARE OF THAT.
COMMISSIONER SANCHEZ AND COMMISSIONER FOREMAN, ABSENT.
[00:05:01]
WE'LL LET THE RECORD SHOW THAT COMMISSIONER SANCHEZ IS PRESENT.
COMMISSIONER SANCHEZ IS HERE, 6 0 5.
AND COMMISSIONER FOREMAN ABSENT.
I WILL NOW LEAD THE PLEDGE OF ALLEGIANCE.
PLEASE STAND AND PLACE YOUR HAND OVER YOUR HEART.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[PUBLIC COMMENT]
UH, WE WILL NOW HEAR, UM, PUBLIC COMMENTS AND ITEMS THAT ARE NOT ON TONIGHT'S AGENDA UNDER STATE LAW.WE CANNOT RESPOND TO PUBLIC COMMENTS AND ITEMS REQUIRING PUBLIC COMMISSION ACTION.
THESE ITEMS MUST BE BROUGHT BACK ON A SUBSEQUENT AGENDA UNLESS THEY ARE OF A DEMONSTRATED EMERGENCY OR URGENT NATURE.
MADAM SECRETARY, ARE THERE ANY PUBLIC COMMENTS NOT RELATED TO TONIGHT'S AGENDA? NO.
IT'S NOT ON, IT'S NOT ON THE AGENDA.
ALL OF THESE ITEMS SEEM TO BE FOR, OR ALL OF THESE REQUEST SPEAKERS, UH, SLIPS SEEM TO BE FOR ITEM NUMBER FOUR IS I CHECKED BOTH.
UH, SO WE HAVE, UH, DOYLE MORRISON AND ALICIA MORRISON.
AND THESE ARE ITEMS THAT ARE NOT ON TONIGHT'S AGENDA, CORRECT? THREE MINUTES? YES.
YOU, YOU HAVE THREE MINUTES EACH, EACH, I'M SORRY.
LET'S, WE NEED TO GET YOUR MICROPHONE WORKING TO, IT'LL LIGHT UP RIGHT THERE IT IS.
ALICIA MORRISON, A-L-I-S-H-A-M-O-R-R-I-S-O-N.
I LIVE ON ORANGE STREET AT THE CROSS OF SWEETWATER ROAD, AND I'M REALLY CONCERNED ABOUT THAT CROSSWALK AND THE SIGNAL THERE.
THAT SIGNAL HAS CREATED SO MUCH TRAFFIC BUILDUP ON SWEETWATER ROAD.
AND SINCE THE INSTALLATION OF THE BIKE PATH AND THAT CROSSWALK, I WOULD LIKE TO REQUEST A NEW SURVEY BE DONE ON THAT ROAD REGARDING THE FLOW OF TRAFFIC IN THE INCIDENT.
SO FAR, WE HAVE HAD ONE FATALITY, GOD REST HIS SOUL, AND TWO MAJOR ACCIDENTS.
ONE REQUIRING EMERGENCY SERVICES.
SO I WOULD LIKE TO REQUEST A NEW SURVEY BE DONE.
MS. MORRISON DOYLE DOYLE MORRISON, D-O-Y-L-E-M-O-R-R-I-S-O-N.
I ALSO LIVE AT, UH, ORANGE AND SWEETWATER.
AND THAT INTERSECTION, UH, SINCE THE CROSSWALK IS PUT IN, IS VERY CONFUSING TO RESIDENTS TO, UM, TO COMMUTERS.
THEY'RE NOT SURE WHAT THEY'RE SUPPOSED TO DO THERE.
IT, IT IS, UM, IN EVERYONE THAT I'VE TALKED TO, THEIR OPINION IS, IS IT'S UNCLEAR WHAT THEY'RE SUPPOSED TO DO AND WITH THE BIKE LANES THERE AS WELL.
UM, I BELIEVE THAT SOME OF THE ACCIDENTS WERE CAUSED BY THE BIKE LANE WHERE PEOPLE DON'T SEE IT WHEN THEY APPROACH SWEETWATER, UH, SWEETWATER IN ORANGE,
[00:10:01]
AND THEN THEY SWERVE INTO THE OTHER LANE WHEN THEY SEE IT AT THE LAST MINUTE.AND THEN, UH, ONE OF THE ACCIDENTS WENT, UH, DIRECTLY OVER THE CENTER DIVIDE.
AND AFTER THAT ACCIDENT, I KNOW THAT ONE RESIDENCE THAT LIVES, UH, NEAR ME, UM, HAD MENTIONED THAT NONE OF THE DEBRIS GOT CLEANED UP BY THE CITY OF NATIONAL CITY AFTER THE ACCIDENT.
AND SO THERE WAS D DEBRIS LAYING ALL OVER THE ROAD, AND THEY WERE FORCED TO DRIVE IN IT BECAUSE IT WAS IN THE TURN LANE TO GET ONTO ORANGE STREET WHEN YOU'RE HEADING EAST ON SWEETWATER.
AND THEY HAD A TIRE GET DAMAGED THAT THEY HAD TO MAKE REPAIRS ON.
SO MY CONCERN IS THAT, UM, THIS CROSSWALK, THE BIKE LANE, HAS CAUSED, UM, A LOWER QUALITY OF LIFE FOR THE RESIDENTS AND FOR THE COMMUTERS THAT DRIVE THROUGH THAT SWEETWATER CORRIDOR.
AND THAT SURVEY WOULD BE VERY IMPORTANT TO REDO THAT SURVEY TO FIND OUT IF IT'S STILL VIABLE BASED ON THE ACCIDENTS AND THE DEATH.
I THINK WE ALL KNOW THAT IT'S NOT.
UH, I ENCOURAGE YOU TO ALSO ATTEND THE NEXT POSSIBLE CITY COUNCIL MEETING.
UH, IS TOMORROW, UH, TO BRING UP THE SAME ISSUE.
UH, THIS WILL BE, UM, GIVEN TO STAFF TO LOOK INTO AS WELL BY THE PLANNING COMMISSION, BUT I ENCOURAGE YOU TO DO THAT, UH, COME UP AND MAKE THE SAME STATEMENT TO THE CITY COUNCIL.
[1. Approval of the Agenda for the Meeting of November 18, 2024]
WE WILL NOW BEGIN CONSIDERATION OF THE ITEMS ON TONIGHT'S REGULAR PLANNING COMMISSION MEETING.AGENDA ITEM ONE IS FOR THE APPROVAL OF THE AGENDA FOR THE REGULAR PLANNING COMMISSION MEETING FOR NOVEMBER 18TH, 2024.
IF THERE IS NO DISCUSSION FROM THE PLANNING COMMISSIONERS, DO I HAVE A MOTION, UH, TO APPROVE TONIGHT'S AGENDA? I MAKE A MOTION.
WE HAVE A MOTION BY VICE CHAIR CASSON ON A SECOND BY, UH, COMMISSIONER QUINONE TO APPROVE THE AGENDA.
THE COMMISSIONERS WILL NOW VOTE ELECTRONICALLY ON THIS ITEM.
MADAM SECRETARY, PLEASE DECLARE THE RESULTS OF THE VOTE.
MOTION APPROVED A UNANIMOUSLY WITH COMMISSIONERS PRESENT.
[2. Approval of Minutes from the Meeting of November 4, 2024]
ON TONIGHT'S AGENDAS FOR THE APPROVAL OF THE MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF NOVEMBER 4TH, 2024.IF THERE IS NO DISCUSSION, DO I HAVE A MOTION? AND A SECOND? WE HAVE A MOTION BY VICE CHAIR CASTLE AND A SECOND BY COMMISSIONER ARMA TO APPROVE THE MINUTES OF SEPTEMBER 16TH, 2024.
THE COMMISSION WILL NOW VOTE ELECTRONICALLY.
MADAM SECRETARY, PLEASE DECLARE THE RESULTS OF THE VOTE.
MOTION APPROVED UNANIMOUSLY WITH COMMISSIONERS PRESENT.
THIS IS THE TIME AND THE PLACE FOR THE PUBLIC HEARINGS TO CONSIDER SEVERAL ITEMS TONIGHT.
HOWEVER, I'M GOING TO BE TAKING THE ITEMS OUT OUT OF ORDER.
[4. Determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 32 of the CEQA guidelines Section 15332 (Infill-Development Projects) and Conditional Use Permit for a Proposed Development compromised of a new service station, convenience store with request for off-sale alcohol (ABC Type-21), drive-through car wash, drive-through eating place, and five residential units with Zone Variance request related to maximum driveway width, minimum street wall, and the location on the north side of Sweetwater Road between Olive Street and Orange Street. Case File No.: 2024-08 CUP APNS: 563-252-12-00, 563-252-13-00, 563-252-14-00, and 5633- 252-23-00.]
WITH ITEM NUMBER FOUR.STAFF IS REQUESTING THAT THIS ITEM BE CONTINUED TO A TIME CERTAIN IN ORDER TO PROVIDE ADDITIONAL TIME FOR STAFF TO REVIEW THE PROJECT.
THIS IS THE ITEM THAT I ANNOUNCED EARLIER THAT WE WOULD NOT BE, UH, CONSIDERING TONIGHT.
ORIGINALLY THERE WAS A PUBLIC HEARING SCHEDULED FOR THIS ITEM, BUT WE WILL NOT BE HEARING IT.
SO I HAVE A NUMBER OF SPEAKERS.
YOU CAN ONLY, I'M GONNA CALL YOU, BUT YOU CAN ONLY SPEAK TO THE CONTINUANCE.
YOU CANNOT SPEAK TO YOUR, YOU MAY NOT SPEAK TO THE APPROVAL OR THE DENIAL OF THIS PROJECT THAT WILL BE HELD, UH, THAT WILL TAKE PLACE AT THE MEETING TENTATIVELY SCHEDULED FOR DECEMBER 2ND, I BELIEVE IT IS.
UH, WHICH WILL BE THE, THE FORMAL PUBLIC HEARING WHERE EVERYBODY CAN COME AND SPEAK FOR OR AGAINST THE ITEM.
UH, DOES EVERYBODY UNDERSTAND THAT? OKAY.
SO I'M GONNA GO AHEAD AND CALL.
IF YOU STILL FEEL YOU NEED TO COME UP, YOU CAN ONLY AGAIN SPEAK ON THE CONTINUANCE.
SO I'M GOING TO GO AHEAD AND START WITH DOYLE MORRISON.
DOYLE MORRISON, D-O-Y-L-E-M-O-R-R-I-S-O-N.
UM, IN REGARD TO THE CONTINUANCE, WE WERE NOTIFIED, I THINK THE RULE IS 72 HOURS PRIOR, UH, FOR THE MEETING TO SPEAK ON THIS AND FOR IT TO BE ON THE AGENDA.
AND WE WERE NOT NOTIFIED 72 HOURS PRIOR TO IT BEING TAKEN OFF OF THE AGENDA.
AND I THINK THAT THERE'S PROBABLY A LOT OF PEOPLE THAT ARE CONCERNED THAT WE'RE TAKING THINGS ON AND OFF OF THE AGENDA WITHOUT NOTIFYING THE RESIDENTS IN THE APPROPRIATE
[00:15:01]
AMOUNT OF TIME.SO, UM, I UNDERSTAND THAT YOU GUYS WANT TO GET MORE INFORMATION AND THAT'S GREAT, THAT'S A POSITIVE THING, BUT IT'S ALSO CREATING A SITUATION WHERE YOU'RE NOT GETTING COMMUNITY ACT, UH, ACTIVISTS INVOLVED BECAUSE THEY'RE NOT SURE WHEN OR WHERE IT'S GONNA HAPPEN AND, AND WHY IT'S CHANGED.
SO, UM, HOPEFULLY YOU GUYS WILL BE ABLE TO IMPROVE ON THAT AND NOTIFY THE RESIDENTS WHEN THINGS ARE DROPPED OFF OF THE, UM, AGENDA.
ALICIA MORRISON, A-L-I-S-H-A-M-O-R-R-I-S-O-N.
UM, I WAS JUST WONDERING IF THESE NOTICES CAN BE SENT OUT IN SPANISH AS WELL.
UH, A FEW OF THE NEIGHBORS, UH, SPANISH IS THEIR PRIMARY LANGUAGE, SO I, I'D HOPE THAT, YOU KNOW, PERHAPS IT COULD BE PRINTED ON THE REVERSE SIDE OF THE NOTICE IN, IN SPANISH.
UH, ASHLEY MORRISON, BUT YOU DO NOT WISH TO SPEAK.
AND, UM, I'M HERE FOR THE MARICO'S PLACE AND I'M AGAINST IT.
UM, I, IS THAT AN ITEM THAT IS ON TONIGHT'S AGENDA? UM, IT IS FROM MONDAY ON NOVEMBER 18TH, 2024.
THAT, THAT ITEM WILL BE HEARD.
SO IF YOU PLEASE BEAR WITH US AND, AND WE'LL GET TO THAT ONE.
NO, I THINK THOSE, YEAH, I THINK THESE ARE ALL, YEAH.
UM, BUT YOU DO NOT WISH TO SPEAK, SO THANK YOU TO SPEAK BRIES.
AND JOSE VAZQUEZ, I THINK IT IS UNTIL DECEMBER.
YOU CAN PROBABLY SAY JESUS BRINKS HOUSE.
AND HELEN CHISHOLM? HELEN CHISHOLM.
CURRENTLY I AM, UH, AN EMPLOYEE AT THE SEVEN 11 STORE AND WE'VE NEVER RECEIVED NOTIFICATION ABOUT THIS HEARING, AND I WAS JUST WONDERING IF I CAN GET SOME CLARIFICATION AS TO WHY WE WERE NOT NOTIFIED IF WE ARE, SHOULD, SHOULD WE RECEIVE NOTIFICATION? 'CAUSE THERE WAS, UM, THE, UM, REAL ESTATE COMPANY ALSO SENT NOTICES TO THE, UM, COMMUNITY WITHOUT NOTIFYING US.
ALSO, ARE WE ENTITLED TO SOME NOTIFICATION OF THESE? YES MA'AM.
UM, IF YOU'RE WITHIN THE RADIUS, UM,
[00:20:01]
STAFF, UH, DO YOU HAVE ANY COMMENT ON THIS? THE, WHAT IS THE RADIUS THAT WAS REQUIRED FOR THIS PARTICULAR ITEM? UM, SEVEN ELEVENS DIRECTLY ACROSS THE STREET.THEY SHOULD HAVE RECEIVED A NOTICE, BUT WE CAN CHECK OUR MAILING LABELS TO SEE IF THERE WAS SOMETHING THAT WASN'T CORRECTLY PUT ON THERE.
AND, AND I JUST TO GUESS IT MAY HAVE BEEN SENT TO YOUR CORPORATE OFFICES.
YOU'RE, YOU SAID YOU'RE WITH SEVEN 11.
AT ONE TIME I DID WORK FOR THE CORPORATION.
UM, AND CORPORATE HEADQUARTERS ARE IN DALLAS.
NO ONE HAS EVEN SENT THE NOTICES BACK TO US THAT THERE WOULD BE A HEARING AND I, IF THAT, IF IT IS GOING TO CORPORATE, I WOULD LIKE TO, TO CHANGE IT.
'CAUSE IT'S A FRANCHISE STORE.
AND HAVE IT SENT DIRECTLY TO THE STORE.
UM, ONE THING YOU COULD DO ALSO IS DOUBLE CHECK.
COME IN AND TALK TO STAFF ABOUT THAT.
AND FIND OUT WHAT IS ON THE RECORD FOR OWNERSHIP.
UH, IT WILL, WHATEVER'S LISTED FOR THE COUNTY ASSESSOR'S OFFICE, UM, BECAUSE THAT'S HOW PEOPLE, THE CITIES AND, AND PEOPLE WHO ARE DOING THIS GET THEIR INFORMATION.
I BELIEVE THEY GET IT AT THE, THE COUNTY ASSESSOR'S OFFICE.
UH, AND WHATEVER'S ON THE, THE OWNERSHIP OF THAT LIST, THAT'S WHO GETS THAT NOTICE.
SO IT'S THE FRANCHISE STORE, IT WOULD STILL GO TO CORPORATE.
THAT, THAT, I DON'T KNOW, MA'AM.
SO IT WOULD NEED TO GO TO THE COUNTY ASSESSOR'S OFFICE.
YOU COULD CHECK, BUT I WOULD START WITH CITY STAFF.
JUST COME IN AND, UH, DOWNSTAIRS YOU CAN REQUEST TO SPEAK TO SOMEBODY IN PLANNING AND THEY CAN LOOK UP WHAT WAS ACTUALLY, UH, END THE, ON THE LIST FOR THIS PARTICULAR PROJECT.
TO SEE IF, IF, FIRST OF ALL, IT WAS THERE AND IF IT WAS, UM, IF IT WAS IN THERE AND IF IT, AND WHERE IT WENT, WHETHER IT WENT TO A CORPORATE OFFICE BACK IN DALLAS OR TO THE FRANCHISEE.
SO IS THERE A MEMBER OF THE COMMISSION THAT WOULD LIKE TO BRING A MOTION TO CONTINUE? ITEM FOUR.
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CQA UNDER CLASS 32 OF THE CQA GUIDELINES, SECTION 1 53 32 INFILL DEVELOPMENT PROJECTS AND CONDITIONAL USE PERMIT FOR A PROPOSED DEVELOPMENT COMPRISED OF A NEW SERVICE STATION CONVENIENCE STORE WITH REQUEST FOR OFF SALE ALCOHOL, A BC TYPE 21 DRIVE THROUGH CAR WASH, DRIVE THROUGH EATING PLACE, AND FIVE RESIDENTIAL UNITS WITH ZONE VARIANCE REQUEST RELATED TO MAXIMUM DRIVEWAY WIDTH, MINIMUM STREET WALL, AND THE LOCATION OF THE NORTH ON THE NORTH SIDE OF SWEETWATER ROAD BETWEEN OLIVE STREET AND ORANGE STREET TO THE, TO THE MONDAY, DECEMBER 2ND, 2024 MEETING.
I NEED A A, A MOTION TO CONTINUE.
WE HAVE A MOTION BY COMMISSIONER VALENZUELA AND A SECOND BY COMMISSIONER ES TO CONTINUE ITEM FOUR TO MONDAY, DECEMBER 2ND, 2024.
THAT MEETING WILL BEGIN AT 6:00 PM AS USUAL, THE COMMISSION WILL NOW VOTE ELECTRONICALLY ON THE MOTION TO CONTINUE THIS ITEM.
UM, KEES IS, UM, MOTION FOR SOME REASON IS NOT THERE ANYMORE.
SO CAN WE REMOTION FOR THE MONITOR? OKAY.
SO, UH, COMMISSIONER VALENZUELA.
UH, MADAM SECRETARY, PLEASE DECLARE THE RESULTS OF THE VOTE.
AND JUST FOR RECORD, I NEED COMMISSIONER CASTLE AS WELL AS COMMISSIONER SANCHEZ.
SO, UH, IT IS OFFICIAL NOW THIS MEETING, THIS PARTICULAR ITEM WILL APPEAR ON THE AGENDA FOR DECEMBER 2ND, 2024.
CHAIR MILLER, FOR THE RECORD, THEY STILL NEED TO STATE WHY THEY DENIED.
I AM DENYING THE, I I SAID NO TO THE CONTINUANCE.
UM, ONE BECAUSE I WAS NOT NOTIFIED THAT THIS ITEM WAS GOING TO BE CONTINUED, UM, PRIOR TO THE MEETING HERE.
TWO, THERE ARE MANY RESIDENTS THAT SHOWED UP IN SUPPORT OF THIS, AND I DO BELIEVE THAT THE COMMUNITY INVOLVEMENT IS IMPORTANT TO OUR HEARINGS AND TO OUR MEETINGS.
AND, UM, SO I THINK IN RESPECT FOR EVERYBODY'S TIME, THAT'S WHY I VOTED NO.
[00:25:01]
YOU.I'M NOT GONNA SIT IT AS ELEGANT AS HER, BUT I AGREE WITH HER.
THAT'S THE SAME REASONS WHY I VOTED NOW ON IT.
UH, THEY TOOK IT, THEY GAVE YOU GUYS 72 HOURS.
THEY SHOULD HAVE GIVEN US A LITTLE BIT MORE TIME ALSO TO REMOVE IT.
[3. Determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the CEQA guidelines Section 15301 (Existing Facilities) and Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for beer and wine sales (ABC Type-41) at an existing restaurant (Mariscos El Tiburon) located at 543 Highland Avenue Case File No.: 2024-21 CUP APN: 556-311-05-00.]
WILL NOW MOVE ON TO THE NEXT ITEM, WHICH IS ITEM THREE.ITEM THREE IS THE DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS ONE OF THE CA GUIDELINES SECTION 1 53 0 1, EXISTING FACILITIES AND CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES.
A B, C TYPE 41 AT AN EXISTING RESTAURANT, EXCUSE ME, RESTAURANT MARICO ION, LOCATED AT 5 43 HIGHLAND AVENUE.
BEFORE WE BEGIN, DO ANY COMMISSIONERS HAVE ANY DISCLOSURES RELATING TO THIS HEARING? THIS IS EACH PLANNING COMMISSIONERS OPPORTUNITY TO, TO DISCLOSE ANY CONFLICTS OF INTEREST, PROPERTY INSPECTIONS, EX PARTE CONTACTS OR COMMUNICATIONS.
THE CHAIR RECOGNIZES COMMISSIONER ARMA.
UH, I HAVE, UH, IN THE PAST HAVE, UH, HAD LUNCH THERE AT, UH, MARI AND, UH, I DID DO A PROPERTY INSPECTION AND, UH, DID SPEAK WITH MS. SOCORRO AND MR. JOSE.
UM, I'M FAMILIAR WITH THE, WITH THE PROPERTY AND THEN I ALSO HAVE HAD, UH, CONVERSATIONS ABOUT IT WITH JUST VARIOUS RESIDENTS WHEN I WAS CAMPAIGNING.
EXCUSE MYSELF, MR. OKAY, SO I AM ALSO WITHIN THE THOUSAND.
IT'S, I'M ON A CUSP OF THE RADIUS.
UM, IT'S, I HAD A, A CONVERSATION WITH THE, UH, ATTORNEY ABOUT THIS AND I AM STILL WITHIN RIGHTS TO VOTE ON THIS.
SO COMMISSIONER SANCHEZ WILL BE RECUSING HIMSELF AND WE'LL BE STEPPING DOWN.
MADAM SECRETARY, HAVE NOTICES AS REQUIRED BY LAW BEEN GIVEN, AND DO WE HAVE A COMPLETE FILE OF EXHIBITS, CORRESPONDENCE, AND OTHER DOCUMENTS? YES, CHAIR WILL STAFF PLEASE INTRODUCE YOURSELF AND SUMMARIZE THE ITEM FOR US.
PLANNING COMMISSIONERS THE PUBLIC.
MY NAME IS SOPHIA DEPUY AND I'M THE ASSISTANT PLANNER.
TONIGHT I WILL YOU PRESENTING ITEM THREE, WHICH IS A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND THE EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES AT AN EXISTING RESTAURANT.
MARICO'S EL BARONE, LOCATED AT 5 43 HIGHLAND AVENUE.
HERE'S AN OVERVIEW OF THE SITE MARICO'S.
THIS IS AN EXISTING 2000 SQUARE FOOT RESTAURANT LOCATED IN THE MX C ONE ZONE.
THEY'VE HAD AN APPROVED CUP FOR ALCOHOL SALES SINCE 1987.
THEY'RE LOCATED ON THE NORTHEAST CORNER OF HIGHLAND AVENUE AND EAST SIXTH STREET.
THERE'S PRIMARILY COMMERCIAL ALONG HIGHLAND AVENUE AND THE RESTAURANT SHARES THE LOT, UM, WITH AN ATTACHED COMMERCIAL SUITE LOCATED DIRECTLY BEHIND THE RESTAURANT ARE SINGLE FAMILY HOMES AND LOCATED ACROSS EAST SIXTH STREET IS AN APARTMENT COMPLEX.
HERE'S THE FRONT VIEW OF THE RESTAURANT LOCATED OFF OF HIGHLAND, AND THEN THIS IS THE SIDE VIEW OF THE RESTAURANT LOCATED ALONG EAST SIXTH STREET, SO THAT YOU COULD SEE THE PROXIMITY OF THE SINGLE FAMILY HOME.
SO THE BUSINESS IS PROPOSING TO EXPAND THEIR APPROVED HOURS OF OPERATION FOR BEER AND WINE SALES AND ADD LIVE ENTERTAINMENT TO THE RESTAURANT.
THEY'RE PROPOSING ALCOHOL SALES FROM 9:00 AM TO 12:00 AM MONDAY THROUGH THURSDAY AND 9:00 AM TO 2:00 AM FRIDAY THROUGH SUNDAY.
THEY'RE ALSO PROPOSING LIVE ENTERTAINMENT FROM 4:00 PM TO 1:30 AM FRIDAY THROUGH SUNDAY.
THE FLOOR PLAN INDICATES THE TOTAL AREA DEDICATE DEDICATED TO DINING AND THE PROPOSED LIVE ENTERTAINMENT.
THERE'S ABOUT A THOUSAND SQUARE FEET DEDICATED TO THE DINING AREA AND THERE'S 60 SEATS AVAILABLE.
THIS IS THE FLOOR PLAN OF THE RESTAURANT.
SO LOCATED ON THE LEFT IS THE DINING AREA AND THE PROPOSED LIVE ENTERTAINMENT.
THE LEFT SIDE IS LOCATED CLOSEST TO HIGHLAND AVENUE.
THE LIVE MUSIC IS ALONG THE SHARED WALL WITH THE ATTACHED COMMERCIAL SUITE.
THE RIGHT SIDE OF THE RESTAURANT HAS THE
[00:30:01]
RESTROOMS AND KITCHEN AND IS LOCATED CLOSEST TO THE SINGLE FAMILY HOMES.THE AREAS HIGHLIGHTED IN BLUE ARE WHERE THEY STORE ALCOHOL.
MOVING ON TO STAFF'S ANALYSIS, THE NATIONAL CITY MUNICIPAL CODE ALLOWS FOR ALCOHOL SALES FOR ONSITE CONSUMPTION AND LIVE ENTERTAINMENT WITH AN APPROVED COP.
THERE'S ADDITIONAL REQUIREMENTS FOR ALCOHOL C PS INCLUDING AN EXPANDED MAILING FOR ALL OWNERS AND OCCUPANTS WITHIN 660 FEET.
UM, THE APPLICANT IS ALSO REQUIRED TO HOLD A COMMUNITY MEETING.
THE BUSINESS IS LOCATED IN CENSUS TRACT ONE 18.02, WHERE THERE'S CURRENTLY ONE ON SALE LICENSE AND ONE PENDING ON SALE LICENSE WHERE A TOTAL OF NINE ARE RECOMMENDED.
THE CENSUS TRACT IS NOT CONSIDERED OVER CONCENTRATED BY A BC.
ADDITIONALLY, NO NEW LICENSES WILL BE ADDED SINCE THE APPLICANT ALREADY HAS THE EXISTING ON SALE LICENSE.
THERE'S ALSO ADDITIONAL DISTANCE REQUIREMENTS FOR ALCOHOL, BUT IT'S NOT APPLICABLE FOR RESTAURANTS WITH AT LEAST 30% OF THEIR FLOOR AREA DEDICATED TO SEATING.
MARICO'S HAS ABOUT 50% OF THEIR FLOOR AREA DEDICATED TO SEATING, AND IT'S ALSO NOT LOCATED WITHIN 660 FEET OF A PUBLIC SCHOOL.
THE BUSINESS WILL ALSO HAVE TO ADHERE TO CITY COUNCIL POLICY 7 0 7 AND THAT'S ADDRESSED IN OUR STANDARD CONDITIONS OF APPROVAL.
SO, AS I MENTIONED, THEY'VE HAD AN APPROVED CUP TO SELL ALCOHOL SINCE 1987.
THEY WERE APPROVED TO SELL ALCOHOL UNTIL 9:00 PM MONDAY THROUGH THURSDAY AND 10:00 PM FRIDAY THROUGH SUNDAY.
NO LIVE ENTERTAINMENT WAS ALLOWED.
THE APPLICANT IS CURRENTLY PROPOSING ALCOHOL SALES FROM 9:00 AM TO 12:00 AM MONDAY THROUGH THURSDAY AND 9:00 AM TO 2:00 AM FRIDAY THROUGH SUNDAY.
AND THEY'RE PROPOSING LIVE ENTERTAINMENT FROM 4:00 PM TO 1:30 AM FRIDAY THROUGH SUNDAY.
UM, STAFF LOOKED AT PREVIOUS APPROVALS FOR SIMILAR TYPES OF USES, RESTAURANTS WITH ALCOHOL, SALES, AND LIVE ENTERTAINMENT.
UM, MOST RECENTLY, VILLA MANILA WAS APPROVED IN 2024.
UH, THEY WERE APPROVED FOR ALCOHOL, SALES AND LIVE ENTERTAINMENT UNTIL 9:00 PM FRIENDS OF FRIENDS WAS APPROVED IN 2023.
THEY WERE APPROVED TO SELL ALCOHOL UNTIL 1:00 AM AND THEY WERE APPROVED FOR LIVE ENTERTAINMENT UNTIL 11:30 PM.
MARKET ON EIGHTH WAS APPROVED IN 2022 AND THEY WERE APPROVED FOR ALCOHOL, SALES AND LIVE ENTERTAINMENT UNTIL 1:00 AM.
BASED ON PREVIOUS APPROVALS OF SIMILAR USES, STAFF IS RECOMMENDING ALCOHOL SALES FROM 9:00 AM TO 11:00 PM SUNDAY THROUGH THURSDAY AND 9:00 AM TO 12:00 AM FRIDAY AND SATURDAY.
STAFF IS AL ALSO RECOMMENDING LIVE ENTERTAINMENT FROM 4:00 PM TO 11:30 PM FRIDAY AND SATURDAY AND 4:00 PM TO 10:00 PM ON SUNDAY.
UM, PLANNING COMMISSION CAN CONSIDER ALTERNATIVE HOURS.
WE RECEIVED COMMENTS FROM THE POLICE DEPARTMENT.
THEY PROVIDED A RISK ASSESSMENT WHICH GAVE THE BUSINESS 14 POINTS.
ANYTHING FROM 13 TO 18 POINTS IS CONSIDERED MEDIUM RISK.
WE ALSO RECEIVED COMMENTS FROM THE INSTITUTE FOR PUBLIC STRATEGIES.
THEY REQUESTED ALL STAFF ATTEND IN PERSON RESPONSIBLE BEVERAGE TRAINING.
THEY REQUESTED THAT THE RESTAURANT PROVIDE BREAKFAST, LUNCH, AND DINNER AND HAVE HOURS OF OPERATION AND BY 12:00 AM THEY REQUESTED THAT THE ESTABLISHMENT SUBMIT RECEIPTS AS EVIDENCE OF FOOD SALES OFFERED ALONG WITH ALCOHOL SALES.
AND THEY REQUESTED AN ID SCANNER TO PREVENT THE SALES OF ALCOHOL TO UNDERAGE YOUTH.
THESE COMMENTS WERE ADDRESSED IN OUR CONDITIONS EXCEPT FOR THE REQUEST FOR AN ID SCANNER BECAUSE THAT IS NOT INCLUDED IN ABC'S BEST PRACTICES FOR CHECKING IDENTIFICATION.
THESE CONDITIONS WILL SUPERSEDE THE PREVIOUS CONDITIONS OF APPROVAL IN THE LAST CUP UM, FOR THIS SITE.
WE'VE ALSO INCLUDED OUR STANDARD CONDITIONS OF APPROVAL AND CONDITIONS SPECIFIC TO ONSITE ALCOHOL SALES PER CITY COUNCIL POLICY 7 0 7.
THOSE INCLUDE HOURS OF OPERATION, RESPONSIBLE BEVERAGE TRAINING AND REQUIRING THAT ALCOHOL SALES REMAIN ACCESSORY TO THE RESTAURANT.
WE'VE ALSO INCLUDED APPLICATION SPECIFIC CONDITIONS RELATED TO LIVE ENTERTAINMENT.
THIS REQUIRES THE RESTAURANT TO HAVE ALL WINDOWS AND DOORS REMAIN CLOSED DURING ANY LIVE ENTERTAINMENT.
UH, NO ADVERTISED EVENTS, UH, THE HOURS APPROVED HOURS OF LIVE ENTERTAINMENT.
IN SUMMARY, THE PROPOSED USE IS CONSISTENT WITH THE GENERAL PLAN.
ALCOHOL SALES FOR ONSITE CONSUMPTION AND LIVE ENTERTAINMENT ARE CONDITIONALLY ALLOWED USES IN THE MXC ONE ZONE ALCOHOL SALES AND LIVE ENTERTAINMENT WILL REMAIN ACCESSORY TO THE BUSINESS IN AN ESTABLISHED MIXED USE AREA.
UM, WE'VE INCLUDED CONDITIONS CONSISTENT WITH CITY COUNCIL POLICY 7 0 7.
THEY'RE ATTENDED TO ALLEVIATE ANY CONCERNS RELATED TO THE AREA.
AND WE ALSO INCLUDED CONDITIONS ADDRESSING CONCERNS RELATED TO LIVE ENTERTAINMENT.
[00:35:01]
THE PROJECT EXEMPT FROM CQA AND APPROVE THE CUP BASED ON THE FINDINGS LISTED IN THE DRAFT RESOLUTION OR FIND THE PROJECT NO EXEMPT FROM CQA AND OR DENY THE CUP BASED ON THE FINDINGS LISTED IN THE DRAFT RESOLUTION OR FINDINGS DETERMINED BY THE PLANNING COMMISSION OR CONTINUE THE ITEM FOR ADDITIONAL INFORMATION.STAFF IS RECOMMENDING APPROVAL IF APPROVED.
IT'LL GO AS A NOTICE OF DECISION TO CITY COUNCIL IF THERE ARE NO QUESTION.
THAT CONCLUDES STAFF'S PRESENTATION.
I INVITE THE APPLICANT OR THEIR REPRESENTATIVE TO INTRODUCE THEMSELVES AND ADDRESS THE PLANNING COMMISSION TO GIVE THEIR 15 MINUTE PRESENTATION.
IS THE APPLICANT PRESENT AND WOULD THE APPLICANT LIKE TO COME FORWARD TO MAKE A PRESENTATION? QUE THANK YOU.
ONE OUT TRANSLATOR COMMENTS? YES, MY NAME IS, UH, SOKO VASQUEZ.
I AM HERE TO REQUEST FOR US TO HAVE THE PERMIT SO THAT WE CAN KEEP SELLING FOOD AND ALCOHOL IN THE TIMES THAT WE AGREED, UM, UH, PREVIOUSLY.
AND SO I WOULD JUST LIKE TO LET YOU KNOW THAT OUR RESTAURANT IS IN A PLACE THAT IS FAMILY FRIENDLY.
WE DON'T ALLOW PEOPLE TO, UH, CREATE SOME TROUBLE.
AND, UH, WE ALWAYS TRY TO HAVE A GOOD RELATIONSHIP WITH THE NEIGHBORS.
NOT ALL OF THE FIGHTS AND, UM, ISSUES THAT ARE HAPPENING COME FROM MARICO TIBURON.
WE OF COURSE, HAVE A GOOD RELATIONSHIP WITH OTHER NEIGHBORS AND WE ALSO HAVE SOME OTHER NEIGHBORS.
SOME OF THEM HAVE A SALON AND SOME GUYS OVER THERE ARE THE ONES THAT CREATE A LOT OF NOISE AND THEY ARE BURNING TIRES AND THEY CREATE ALL TYPES OF DISORDER, BUT MAYBE PEOPLE AROUND THE AREA AND NEIGHBORS BELIEVE THAT EVERYTHING COMES FROM MARICO, ELON, UM, BECAUSE WE ARE THE ONES THAT ARE SELLING ALCOHOL.
BUT I JUST WANT TO LET YOU KNOW THAT THAT IS NOT
[00:40:01]
THE CASE.WE ARE ALWAYS TRYING TO AVOID THOSE ISSUES AND, UM, TO AVOID HAVING ISSUES WITH THE NEIGHBORS AS WELL.
SO I WOULD REALLY LIKE YOU TO CONSIDER AND TO APPROVE THIS PERMIT.
UM, WE WERE REQUESTING THIS SO THAT WE COULD HAVE, UH, UP TILL 1:30 AM AND, UH, MS. SOPHIA TOLD US THAT WAS NOT POSSIBLE TO HAVE THAT AND IT WOULD BE ONLY UNTIL 11 OR 1130.
OUR BUSINESS ACTUALLY HAS BEEN, UH, IMPACTED SINCE WE HAD TO STOP PLAYING MUSIC AND THEY TOLD US THAT WE COULDN'T HAVE THE TYPE OF ENVIRONMENT.
SINCE THAT HAPPENED, WE HAVE TOLD SOME EMPLOYEES TO GO AND TAKE SOME TIME OFF.
THE TRUTH IS THAT THE BUSINESS IS HAVING A DECREASE IN, UM, PRODUCTIVITY AND PEOPLE IS REQUESTING TO HAVE MUSIC AND KARAOKE SO THAT THEY CAN STILL BE THERE.
SO WE WOULD REALLY LIKE TO REQUEST THAT, UM, YOU APPROVE THIS PERMITS, WE'RE GOING TO DO OUR BEST TO KEEP THE PLACE ALSO TIDY.
WE READ SOMEWHERE THAT THEY SAY THAT OUR PLACE IS STURDY.
I DON'T KNOW IF YOU HAD ACTUALLY THAT HAD THE CHANCE TO GO AND CHECK, BUT WE ARE ALWAYS ALSO TRYING TO KEEP EVERYTHING CLEAN AND AVOID ANY ISSUES AND ANY FIGHTS.
SO IF YOU COULD PLEASE HELP US.
THIS IS A BUSINESS WHERE WE'RE ALSO EMPLOYING OTHER PEOPLE AND OTHER FAMILIES ALSO USE THIS FOR THEIR LIVELIHOODS.
UM, AND NOW WE ARE HAVING SOME AFFECTATIONS.
UH, WE WILL NOW HEAR LIVE FROM MANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ITEM.
EACH PERSON MAY ADDRESS THE PLANNING COMMISSION FOR A MAXIMUM OF THREE MINUTES, AND I HAVE SEVERAL SPEAKER SLIPS.
UM, SO WE GO BACK TO MS. TAMMY CHAVEZ.
NOW YOU MAY COME FORWARD AND SPEAK ON THIS PARTICULAR ITEM.
I LIVED IN NATIONAL CITY MANY YEARS.
I'VE I HAVE GONE TO THAT RESTAURANT.
IT WAS DIRTY WHEN I WENT, I'M JUST SAYING.
BUT I DO HAVE FAMILY THAT DO LIVE IN NASHVILLE CITY RIGHT AROUND THE CORNER.
AND THEY'RE, THEY'RE NURSES, THEIR LONGSHOREMAN, YOU KNOW, AND THEY GET UP EARLY IN THE MORNING.
BUT IF THEY'RE GONNA HAVE THAT, THAT THE MUSIC AND EVERYTHING, UH, MY, MY MAIN CONCERN IS MOSTLY SUNDAYS BECAUSE WE GET UP AT 6:00 AM TO GO TO WORK.
SO I, I KIND OF DECLINED ABOUT LIKE HAVING ALCOHOL AND THAT LOUD MUSIC BECAUSE I'VE LIVED OVER THERE AND THERE PEOPLE PARTIED OVER THERE AND DRANK.
AND I CAME HOME AND PEOPLE WERE IN MY YARD.
I LIVED RIGHT AROUND THE CORNER FROM THERE.
IF YOU LOOK IN THE BACK OF THE ALLEY RIGHT THERE, WE'RE RIGHT BEHIND THERE.
SO, YOU KNOW, I, I'M CONCERNED FOR MY CHILDREN.
I'M CONCERNED ABOUT DIFFERENT PEOPLE OUT THERE IN THE VI ENVIRONMENT THAT WORK AND THAT WANNA BE OUT THERE TO GET UP THERE EARLY IN THE MORNING TO GO TO WORK.
BUT WE DON'T NEED NO PROBLEMS. WE DON'T NEED NO TROUBLE BECAUSE RIGHT THERE ON HIGHLAND, THERE ARE A LOT OF CARS THAT GO ZOOMING UP AND DOWN.
'CAUSE RIGHT ON FIFTH AND HIGHLAND, IDI DO SEE DRUNK PEOPLE AND I DO SEE PEOPLE THAT SHOULDN'T BE OUT THERE AT THAT TIME.
SO, YOU KNOW, I'M JUST CONCERNED, CONCERNED CITIZEN FOR THE, THE NEIGHBORS, THE COMMUNITY, AND MYSELF AND MY CHILDREN THAT LIVE THERE.
THAT'S ABOUT IT THAT I HAVE TO SAY.
CALL ON, UM, ALEX FERNANDEZ, PLEASE.
MEMBERS OF THE, UM, COMMITTEE.
MY NAME IS ALEXANDER FERNANDEZ AND I LIVE AT 8 2 0 EAST FIFTH STREET.
AND THERE'S A LOT OF TIMES AT NIGHT WHERE I COME HOME AT TWO 30 IN THE EVENING BECAUSE I WORK, I WORK FOR A LIVING.
I'M A PRODUCTIVE MEMBER OF SOCIETY.
I KEEP MY YARD CLEAN, I KEEP THE AREA, YOU KNOW, WHERE I LIVE.
UH, AS, AS SEAMLESS AS POSSIBLE.
I'M REMODELING MY HOME RIGHT THERE.
IT'S AN OLD HOME, BUT I'M PUTTING IN THE TENDER LOVING CARE OF, OF, OF, OF, OF, OF THAT AREA.
YOU KNOW, I, I'VE LIVED THERE SINCE, SINCE I WAS A CHILD.
WHEN MY STEPDAD DIED, HE GAVE ME THE HOME.
SO I WAS INTERNALLY GRATEFUL, ESPECIALLY IN THIS ECONOMY AND THIS LIFESTYLE THAT SO MANY PEOPLE ARE STRUGGLING WITH.
SO I HAVE TO DO WHAT I HAVE TO DO IN ORDER TO KEEP THAT PLACE CLEAN, TIDY, AND, AND, AND NEW FOR MYSELF AND MY WIFE.
LIKE I SAID, I'M A LONGSHOREMAN.
I'M A HEAVY EQUIPMENT OPERATOR.
UH, THERE'S DAYS WHERE I DO WORK AT 3:00 AM SO I HAVE TO GET MY REST.
UM, AND IF YOU OPERATE HEAVY EQUIPMENT DOWN AT THE PORT, UM, IF YOU'RE TIRED
[00:45:01]
AND ONE LITTLE THING GOES WRONG, THEN SOMEBODY'S GONNA DIE.THAT'S, THAT'S HOW DANGEROUS MY JOB IS.
MY WIFE IS A REGISTERED NURSE WHO ATTENDS TO, UH, SAN YSIDRO HEALTH.
SHE'S A PART OF THE, UH, PACE.
SO SHE DEALS WITH THE ELDERLY ALL THE TIME.
WE HEAR MUSIC CONSTANTLY FROM THIS PLACE.
I'VE WALKED OVER THERE MYSELF.
I'VE TRIED TO TALK TO THE LADY BOTH IN ENGLISH AND SPANISH.
SHE, SHE, SHE ACTED LIKE SHE DIDN'T UNDERSTAND EITHER LANGUAGE.
MAYBE I SHOULD SPEAK ITALIAN SINCE I'M PART ITALIAN.
BUT YOU KNOW, WHAT I'M TRYING TO SAY IS THAT IF GOD FORBID, SOMETHING HAPPENS, AND IT'S A MATTER OF IF, IT'S A MATTER OF WHEN, NOT A MATTER OF IF, BECAUSE WHEN ALCOHOL'S INVOLVED AT ONE OR TWO IN THE MORNING, SOMETHING'S BOUND TO GO WRONG.
WE'VE HAD AN ISSUE THAT OCCURRED IN NATIONAL CITY ALREADY AT A HOUSE PARTY.
AT A HOUSE PARTY JUST A LITTLE WHILE AGO, DOWN ON I BELIEVE EIGHTH.
UM, YOU KNOW, AND ALCOHOL WAS INVOLVED.
SOMEBODY WALKED INTO MY YARD, I HAD TO CHASE 'EM AWAY WITH A BAT BECAUSE I'M GONNA PROTECT MY WIFE.
I'M GONNA PROTECT MY FAMILY AND MY LOVED ONES FROM WHOEVER STEPS ON MY PROPERTY.
AND IF I HAVE TO GO TO JAIL FOR IT, THEN I HAVE TO GO TO JAIL FOR IT IN ORDER TO PROTECT MY FAMILY ON MY PROPERTY.
AND USUALLY I HAVE A PROBLEM WITH THEIR LOUD MUSIC TIME.
OH, I THOUGHT I HAD TWO MINUTES.
OH, IS IT ON THERE? NO, IT RESETTED.
I DON'T KNOW WHY IT RESET, BUT I WAS KEEPING AN EYE ON MINE.
I CALLED FOR DAISY ALCANTAR TAR.
HELLO, MY NAME IS DAISY ALCANTAR.
AND I LIVE A BLOCK AWAY FROM RESTAURANT ELON.
UM, I'M A REGISTERED NURSE AND I PROVIDE CARE FOR THE ELDERLY.
I DEAL WITH PEOPLE'S LIVES EVERY DAY.
IN ORDER TO PROVIDE THE HIGHEST QUALITY CARE FOR ALL OF MY PATIENTS, I MUST BE WELL RESTED TO BE ABLE TO FUNCTION CLEARLY.
I WORK DAY SHIFTS, DAY SHIFTS, AND I COME HOME VERY LIGHT LATE AT NIGHT.
EVERY TIME I'M TRYING TO REST AT NIGHT, UM, I'M NOT ABLE TO, UH, SLEEP WELL.
DUE TO THE LOUD MUSIC OF THE RESTAURANT PAST MIDNIGHT, UH, WHEN I WAS LISTENING TO THE CURRENT HOURS, I WAS SURPRISED BECAUSE, UH, EVERY DAY THEIR MUSIC IS VERY LOUD, PAST MIDNIGHT DURING THE WEEKDAYS, AND ON WEEKENDS, IT'S EVEN TO 2:00 AM WE HAVE TO CALL THE POLICE EVERY, MOSTLY EVERY NIGHT SO THEY CAN SHUT OFF THE MUSIC.
UM, AND WE GET TO SEE, UH, AND WE HEAR CUSTOMERS SCREAMING, ARGUING WITH OTHERS, UH, DRUNK PEOPLE WALKING AROUND THE BLOCK.
IT'S NOT EVEN SAFE TO TAKE A WALK AFTER WORK.
SO I AM VERY CONCERNED ABOUT, UM, WHAT, UH, THEY'RE TRYING TO GET A PERMIT WHEN THERE'S ALREADY A PROBLEM CURRENTLY, UM, AROUND THE NEIGHBORHOOD.
UM, THERE'S BEEN A REQUEST TO HAVE THE TRANSLATION HAPPEN IN THIS ROOM.
SO GIMME A SECOND TO TALK TO THE TRANSLATOR ONLINE AND WE WILL MAKE THAT ADJUSTMENT.
I NEED TO TALK TO HER REAL QUICK.
OKAY, SO WE'RE JUST GONNA WAIT 30 SECONDS UNTIL THE TRANSLATOR IS INFORMED.
WHILE WE'RE WAITING, I DO WANT TO APOLOGIZE TO MR. FERNANDEZ.
UM, I SCREWED UP ON THE TIME, ON MY CLOCK.
THAT'S WHY THERE WAS THAT CONFUSION THERE, MR. FERNANDEZ.
NO, I I WANTED TO APOLOGIZE TO YOU.
THAT'S WHY IT SEEMED YOU HAD TWO MINUTES LEFT WHEN YOUR TIME HAD ACTUALLY EXPIRED.
SO I, I WANTED TO APOLOGIZE TO YOU FOR THAT.
[00:50:10]
UH, THE REASON WE'RE TAKING THE TIME TO DO THIS IS IN ORDER TO GET TRANSLATION FOR THE APPLICANT, UH, INTO SPANISH SO THEY FULLY UNDERSTAND WHAT'S GOING ON.CHAIR, WE'RE CHAIR, WE'RE GOOD TO GO.
SO, UH, IS THE INTERPRETER READY TO, UH, SUMMARIZE THE, THE COMMENTS FOR THOSE IN OPPOSITION? SURE.
I DON'T KNOW IF THE LAST TWO COULD GET CAUGHT.
UM, GISELLE, CAN YOU, IS IT POSSIBLE TO TRANSLATE THE LAST TWO SPEAKERS TO SPANISH? YES, OF COURSE.
FERNANDEZ, IS THAT THE END OF THE INTERPRETATION OR THE INTERPRETER? WE'RE DONE WITH THE INTERPRETATION, YES.
THEY SAID THEY WERE ONLY GONNA CUT.
SO I ONLY HAVE THREE SPEAKER SLIPS AND ALL THREE SPEAKERS, I SUPPOSE.
THE INTERPRETER ONLY COVERED TWO CON TWO COMMENTS.
SO ONE IS STILL TO BE, UH, INTERPRETED OR TRANSLATED.
ONLY TWO HAVE BEEN TRANSLATED.
UH, I DON'T KNOW WHICH TWO WERE TRANSLATED THEN THE LAST TWO.
SO, UM, MS. CHAVEZ IS MS. CHAVEZ'S, UH, COMMENTS HAVE NOT YET BEEN TRANSLATED? CORRECT? INTERPRETER, DO YOU HAVE THE, UH, TRANSLATION FOR TAMMY CHAVEZ, THE, THE FIRST PERSON TO SPEAK IN OPPOSITION? UM, LET ME CHECK.
CAN, CAN TAMMY CHAVEZ? I KNOW IT WAS TOMMY CHAVEZ.
IF WE COULD ASK HER IF THAT, IF SHE DOESN'T MIND DOING IT AGAIN.
MS. CHAVEZ, COULD YOU COME FORWARD AGAIN AND,
[00:55:01]
AND, AND, UH, STATE YOUR POSITION ON THIS PARTICULAR ITEM? OUR APOLOGIES.THIS IS CONCERNING THE MARICO EL TURON.
THIS IS CONCERNING THE, UH, THE RESTAURANT ON IN NATIONAL CITY ON HIGHLAND.
AND I SAYS, I DO NOT, I DO NOT LIKE IT BECAUSE OF THE TIME CHANGE OF THE, UH, OF THE RESTAURANTS, YOU KNOW, FROM SUNDAYS, LIKE AT, UH, MAN, YOU GUYS MADE ME FORGET.
UM, THE SUNDAYS, UH, ENTERTAINMENT AND THE MUSIC, I DON'T, I DON'T AGREE ON THAT BECAUSE I HAVE FAMILY THAT DO WORK MONDAY MORNINGS AND THEY NEED THEIR SLEEP BECAUSE THEY ARE WORKING CITIZENS, WORKING, YOU KNOW, AS A NURSE, WORKING AS A LONG SHORE.
AND I'VE LIVED IN NASHVILLE CITY BEFORE AND THERE'S ALL KINDS OF LOUD MUSIC AND I'VE STAYED IN THE HOUSE AND THERE WAS LIKE PEOPLE THAT ARE DRUNK AROUND THERE THAT COME OVER THERE.
THERE'S ACCIDENTS ON HIGHLAND 'CAUSE I'VE SEEN IT BEFORE AND I JUST DON'T AGREE WITH THE TIME SETTING FOR SUNDAYS.
UM, AND THE ALCOHOL, I DO NOT AGREE ON THAT TO HAVE, UM, THE ALCOHOL ON CERTAIN, UM, HOURS OF THE NIGHT.
AND, UH, THAT'S ABOUT IT FOR NOW.
UH, WOULD THE, UH, TRANSLATOR, GO AHEAD.
MOVING ON, I REQUEST THE SECRETARY PROCEED WITH DISCLOSING IF ANY PUBLIC COMMENTS WERE RECEIVED IN WRITING.
MADAM SECRETARY, WE DID HAVE ONE PUBLIC COMMENT AND THAT WAS POSTED ONLINE AS WELL HANDED OUT TO THE COMMISSIONERS PRIOR TO THIS MEETING AS WELL, PHYSICALLY.
WOULD STAFF LIKE TO MAKE ANY FURTHER COMMENTS ON THIS, ON WHAT'S BEEN SAID SO FAR? UH, NO FURTHER COMMENT AT THIS TIME.
DOES THE APPLICANT OR THEIR REPRESENTATIVE WISH TO MAKE ANY FURTHER COMMENTS IN RESPONSE TO PUBLIC TESTIMONY? UH, INTERPRETER, COULD YOU? YEAH, SURE.
[01:02:05]
THANK YOU, MS. VAZQUEZ.I'LL NOW PROCEED WITH THE TRANSLATION.
SO, UM, I HAVE A FEW COMMENTS ABOUT, UM, WHAT WAS MENTIONED ABOUT PEOPLE CALLING TO THE POLICE.
UM, I JUST WANT TO SAY THAT UP TO NOW, ONLY ONCE THERE HAS BEEN AN ISSUE AND THE INSPECTOR WAS THE ONLY TIME THAT ACTUALLY TOLD US THAT, UH, PEOPLE CALLED.
AND IT WAS THE ONLY TIME EVER THAT WE WERE TOLD THAT SOMEBODY COMPLAINED ABOUT THE MUSIC.
BUT HONESTLY, YOU CAN ACTUALLY TAKE A LOOK AT THE REPORTS AND IT ACTUALLY HAS ONLY BEEN THE ONLY CALL THAT WE HAVE RECEIVED IN TERMS OF PUTTING A STOP TO THE MUSIC.
NOW IN TERMS OF, UH, THE TRASH AND EVERYTHING THAT WAS BEING SAID, I DON'T REALLY KNOW WHERE THE, WHERE THAT IS COMING FROM BECAUSE WE ACTUALLY HAVE A RULE THAT NOBODY CAN BRING OUT OF THE ESTABLISHMENT, ANY BOTTLE OF ALCOHOL OR ANYTHING.
SO THAT IS REALLY NOT OUR TRASH.
WE ALSO KNOW THAT, UM, PEOPLE, FOR EXAMPLE, THERE'S A RU ANOTHER RESTAURANT IN THE CORNER IN SIX 19 OR SOMETHING THAT, UM, PEOPLE TEND TO EAT IN THEIR CARS AND SOMETIMES THEY THROW THE TRASH TO ON THE STREETS.
AND SO THAT IS WHY I'M SAYING THAT EVERYBODY BELIEVES THAT THAT IS COMING FROM US.
AND ALSO THE MUSIC, ACTUALLY EVEN LAST WEDNESDAY, UM, THE PEOPLE FROM THE SALON THAT IS ALSO IN THE CORNER, THEY HAD A PARTY.
I DON'T KNOW WHAT THEY WERE CELEBRATING, BUT THEY HAD VERY, UM, HIGH MUSIC AND EVERYBODY THOUGHT THAT IT WAS US, BUT MY HUSBAND AND MYSELF, WE LEFT AT 11:00 PM UM, PM THEY WERE THE ONES THAT USUALLY TURN TO HAVE A LOT OF PARTIES AND THEY STARTED BURNING TIRES, ET CETERA.
AND, UM, BUT PEOPLE TEND TO BLAME MARICO TIBURON, BUT THE SAME, THE THING IS, WE ARE ALSO HARD WORKERS.
WE ALSO PAY TAXES AND YOU CAN GO AROUND THE AREA AND, AND PROVE THAT THAT IS ACTUALLY NOT OUR TRASH.
AND WE ALSO DO THE SAME, PUT THE SAME EFFORT SO THAT WE CAN, UM, KEEP THE PLACE CLEAN.
I, OF COURSE RESPECT, UH, THE OPINIONS THAT HAVE BEEN SHARED, BUT THAT IS REALLY NOT US.
ACTUALLY, THERE WAS A NEIGHBOR, UH, NOT LONG AGO THAT, UH, USUALLY TENDS TO HAVE ISSUES IN TERMS OF PARKING.
AND SO THERE WERE A LOT OF CARS IN FRONT OF HER.
AND SO SHE WENT TO ME AND I TOLD HER, NO, YOU CAN ACTUALLY GO IN AND SEE THAT THERE WAS REALLY NOBODY HERE, BUT IF YOU GO TO THE SALON, THEN YOU'RE GOING TO SEE THAT PROBABLY YOU'RE GOING TO FIND THE PEOPLE THAT YOU'RE LOOKING FOR.
SO HONESTLY, NOT ALL ISSUES ARE COMING FROM MARICO TIRAN.
WE ARE NOT THE ONES THAT HAVE VERY HIGH OR LOUD MUSIC.
UM, AND ALSO WE DIDN'T REALLY, WE, WE DIDN'T KNOW THAT THE PERMITS HAD A SPECIFIC LIMITATION.
WE HAVE NEVER STAYED AFTER 2:00 AM IN MIDDLE WEEK DAYS.
UM, AND OF COURSE, WELL USUALLY THE,
[01:05:01]
THE MUSIC THAT WE PLAY IS THE ONE FROM THE TV, SO THAT CANNOT EVEN BE HEARD FROM THE OUTSIDE.YES, FRIDAY, SATURDAY, AND SUNDAY, YES, THE MUSIC WAS LOUD, BUT WE DIDN'T REALLY KNOW THAT.
THAT IS WHY WE ARE HERE, AND THAT IS ALSO WHY WE ARE ACCEPTING THAT.
OKAY, IF WE DON'T HAVE THE PERMIT UNTIL 2:00 AM THAT'S PERFECTLY FINE AND WE WILL ACCEPT THE TIMES THAT YOU CONSIDER THAT ARE BEST FOR EVERYONE INVOLVED.
THAT IS EVERYTHING FROM MY PART.
UH, DO ANY OF THE PLANNING COMMISSIONERS HAVE QUESTIONS, UH, OR CLARIFYING QUESTIONS OF STAFF? THE APPLICANT OR THE PUBLIC? UH, CHAIR RECOGNIZES COMMISSIONER VALENZUELA.
THANK YOU STAFF FOR YOUR REPORT.
AND THANK YOU FOR, UM, THE APPLICANT AND THE COMMUNITY, UM, SPEAKERS FOR PARTICIPATING TODAY.
UM, STAFF, I DO HAVE A QUESTION.
I'M LOOKING AT THE, UM, CONDITIONS OF APPROVAL.
UM, AND OBVIOUSLY WE, THEY WERE STATED HERE, BUT I, I DO WANT TO ASK A COUPLE OF QUESTIONS.
ONE IS, UM, YOU CITED TWO LOCATIONS THAT HAVE SIMILAR, HAVE BEEN GRANTED SIMILAR PERMITS IN THE LAST FEW YEARS.
FRIENDS OF FRIENDS IN VI VILLA MANILA, UM, WHICH ARE ALSO LOCATED IN CORRIDORS, BUT ALSO ARE IN A RESIDENTIAL AREA.
UM, WHAT, WHEN IT COMES TO THAT, UM, SOME OF THE HOURS THAT YOU CONSIDERED, UM, ARE THEY DIFFERENT IN, I MEAN, THERE, THERE'S SOME DIFFERENCES, BUT WHAT WAS THE DIFFERENCE IN PERHAPS ALLOWING A LITTLE LONGER? I NOTICED FOR EXAMPLE, HERE THERE ARE NO WEEKNIGHT LIVE ENTERTAINMENT, WHICH I THINK IS ACCEPTABLE, BUT, UM, ARE, ARE THEY DIFFERENT? UM, THERE, DO THEY ALSO ALLOW DURING THE WEEK OR, OR ONLY ON THE WEEKEND? LET ME PULL IT UP.
UM, BUT THE APPLICANT ONLY REQUESTED LIVE ENTERTAINMENT ON FRIDAY THROUGH SUNDAY.
WHICH IS WHY THAT WAS THE CONDITION.
SORRY, I, I THEN I MISREAD THE, UM, THE STAFF REPORT.
UM, AND THEN WITH THIS TYPE OF LICENSE, IS IT ALWAYS ACCESSORY WHERE IT ONLY CAN'T, SO FOR EXAMPLE, I, IF I GO THERE, I CANNOT JUST GO SHOW UP AND ORDER A BEER, I NEED TO ORDER FOOD.
IS THAT ALWAYS THE, THE CASE WITH THIS TYPE OF, UM, LICENSE? UM, TYPICALLY YES.
IT'S A CONDITION OF APPROVAL THAT, UM, ALCOHOL CAN ONLY BE SOLD WITH THE SALE OF FOOD.
AND THE APPLICANT'S AWARE OF THAT, UM, THE APPLICANT OKAY.
WILL BE MADE THAT IF THEY ARE NOT ALREADY, ONLY BECAUSE WHILE THE, WHILE THE, UM, THE PRESENTATION AND THE STAFF REPORT MAKES IT SEEM, BUT SOME OF THE COMMENTS THAT, UM, NOT ONLY THE POLICE REPORT, BUT ALSO YOUR, YOUR OBSERVATIONS WERE THAT, UM, WHILE IT'S NOT A BAR OR NOT A NIGHTCLUB, IT, IT, IT COULD, FEELS LIKE IT COULD MORPH INTO THAT.
AND SO, UM, IF I WERE THE COMMUNITY.
UM, AND THEN LASTLY, THE ADVERTISING COMPONENT.
UM, SO WHEN YOU SAY ADVERTISING, DO YOU JUST MEAN, UM, FLYERS ON THE, ON THE WINDOWS, OR ARE WE ALSO TALKING SOCIAL MEDIA AND WHO DO YOU THE CITY POLICE THAT, THAT SEEMS LIKE SOMETHING DIFFICULT TO ENFORCE? UM, SO WHAT DOES ADVERTISE, WHAT'S THE DEFINITION OF ADVERTISING? YEAH.
UM, ASSOCIATE PLANNER, DAVID WELCH HERE, UM, JUST KIND OF MAYBE GO BACK A LITTLE BIT TO, WE CURRENTLY HAVE A CONDITION 12 ALCOHOL SHALL BE AVAILABLE ONLY WITH CONJUNCTION WITH THE PURCHASE OF FOOD.
UM, A LOT OF OUR CONDITIONS OF APPROVAL HAVE BEEN THROUGH PREVIOUS APPLICATIONS WHERE MAYBE THERE'S BEEN SOME, UH, CONSIDERATIONS ABOUT THAT PARTICULAR BUSINESS.
UM, I MIGHT PUT IT OUT THERE THAT PERHAPS THE COMMISSION MIGHT CONSIDER, UM, MAYBE BEEFING UP SOME OF THE APPROVED CONDITIONS.
SO, UH, FOR THAT ONE, FOR EXAMPLE, MAYBE WE COULD REQUIRE THEM TO POST SIGNAGE, UM, JUST TO FILL SOMETHING OUT THERE.
UM, AND THEN AS FAR AS ADVERTISED EVENTS, UM, THAT CONDITION IS REALLY TO PREVENT, UH, A RESTAURANT FROM TURNING INTO SOMETHING ELSE.
AND SO IT IS REALLY INTENDED TO MEAN ALL MANNER OF ADVERTISEMENT, WHETHER IT BE, UM, POSTERS ON THE FLAG OR, YOU KNOW, TELEPHONE POLES OUTSIDE OR SOCIAL MEDIA OR, YOU KNOW, INTERNET.
UM, IT'S REALLY INTENDED SO THAT THE LIVE ENTERTAINMENT REMAINS ACCESSORY OR INCIDENTAL TO THE MAIN USE, WHICH SHOULD BE A RESTAURANT.
SO THAT'S THE PURPOSE OF THAT CONDITION OF APPROVAL.
HOW DOES, BUT HOW DO YOU GUYS POLICE FRIENDS OF FRIENDS IN VILLA MANILA? I, I, I, ME, ME PERSONALLY, I, I LOOK FOR FAIRNESS, RIGHT? I MEAN, OUR, OUR GOAL IS TO LOOK WITHIN THE, THE LAND USE AND THE GENERAL PLAN.
[01:10:01]
WITHIN THESE LIKE FOUR WALLS AND I ALSO WANNA SEE SOME LIKE, EQUITY ACROSS OF IT, ACROSS IT.UM, AND SO I JUST WONDER KNOWING THAT STAFF HAS LIMITED RESOURCES AND OUR PD HAS LIMITED RESOURCES, HOW DO WE, HOW DO WE FAIRLY DO THIS SO THAT A BUSINESS OWNER HAS THE RIGHT TO, YOU KNOW, HOPEFULLY MAKE THEIR BUSINESS SUCCESSFUL.
AND A COMMUNITY, A MEMBER HAS THE RIGHT TO HAVE PEACE AND WE CAN BALANCE THAT.
SO I'M TRYING TO FIND A BALANCE, AND SO I'M JUST WONDERING HOW, HOW DO WE DO THIS? SO EN ENFORCEMENT ALWAYS COMES FROM OUR COEN ENFORCEMENT DIVISION.
PLANNING DIVISION ITSELF DOESN'T HAVE AN ENFORCEMENT, UH, COMPONENT.
SO WHEN IT COMES TO ANYTHING DEALING WITH TITLE 18 OR THE, UM, CONDITIONS IN A, IN AN APPROVED CONDITION OF APPROVAL, THAT WILL ALWAYS START WITH OUR NEIGHBORHOOD SERVICES DEPARTMENT AND A CODE ENFORCEMENT OFFICER.
UM, I BELIEVE THIS PARTICULAR APPLICATION BEFORE YOU'RE HERE TODAY WAS, UH, KIND OF CAME TO US FROM THAT, UH, FROM A COMPLAINT ESSENTIALLY.
SO, UM, IT'S REALLY A CASE BY CASE BASIS.
UM, WHENEVER THERE'S AN ENFORCEMENT ACTION, IT'S ALWAYS RUN THROUGH THE CITY ATTORNEY'S OFFICE.
AND SO WE'RE, WE HAVE TO BE, BE MINDFUL OF WHAT WE CAN AND CANNOT DO.
UM, THAT'S NOT BEING IN A CODE ENFORCEMENT OFFICE, AND I CAN'T REALLY SAY MUCH MORE THAN THAT.
I APPRECIATE YOUR, UH, CLARIFICATION.
UH, CHAIR RECOGNIZES VICE CHAIR CASTLE.
I HAVE A COUPLE OF CLARIFYING QUESTIONS, UM, ALSO AS WELL OF STAFF, UM, AND OF THE APPLICANT AFTER, UM, BUT IT, IT DOESN'T STATE THE OPENING TIMES OF THEM CURRENTLY.
IT STATES THAT THE, SO I WANTED TO JUST CLARIFY, ARE THEY OPENING AT 9:00 AM CURRENTLY? THE PREVIOUS CUP DID NOT HAVE SPECIFIC HOURS FOR THE OPENING STARTING TIME OF ALCOHOL SALES.
UM, SO THAT'S WHY IT WASN'T INCLUDED IN THAT CURRENTLY.
SO, SO IT WASN'T IN THE PRIOR CUP FOR, FOR THE START TIME FOR THE SALES OR WHATNOT.
SO, UM, WE DON'T KNOW ESSENTIALLY WHEN, WHEN THEY'RE OPENING.
AND THEN, UM, CURRENTLY THOUGH, UM, THEIR, THEIR HOURS OF OPERATION ARE 9:00 PM MONDAY THROUGH THURSDAY AND 10:00 PM FRIDAY THROUGH SATURDAY, OR IS THAT JUST THE TIME WHEN THEY'RE ALLOWED TO SELL ALCOHOL? THE OPERATING HOURS, UH, SHOULD REFLECT THE HOURS THAT THEY'RE HOPING TO SELL ALCOHOL, BUT THEY SHOULD ALSO CURRENTLY BE OPEN FOR THOSE HOURS.
SO THAT'S, SO RIGHT NOW IT'S, THAT'S STATED THAT THEY CLOSE AT 9:00 PM MONDAY THROUGH THURSDAY, AND THEY CLOSE FRIDAY THROUGH SUNDAY AT 10:00 PM THAT IS THEIR HOURS OF OPERATION.
UM, I THINK I WOULD CLARIFY BY STATING THAT THE APPROVED COP FROM 1987 WAS FOR ALCOHOL SALES.
THAT WOULD NOT RESTRICT THEM FROM OPERATING THE RESTAURANT LATER THAN THAT.
UM, SINCE IT WAS SPECIFIC TO THAT USE, UH, AS FAR AS THEIR ACTUAL HOURS OF OPERATION, ONLY THE APPLICANT COULD SPEAK TO THAT.
THAT WAS, THAT'S WHAT I WAS TRYING TO CLARIFY WAS IF JUST THESE HOURS WERE FOR THE C THE PRIOR THE CUP FROM 1987, OR IF IT WAS FROM THE, THE CURRENT OPERATION HOURS OF, OF WHAT THEY'RE OPERATING NOW.
AND THEN, UM, ALSO, I DON'T KNOW, ARE WE GETTING, UH, CAN I, CAN I ASK, UM, OFFICER CAMACHO? OKAY.
UM, OFFICER CAMACHO, CAN YOU VERIFY HOW MANY CALLS, UM, THAT THE, THE PD HAS MADE, UM, HAS RECEIVED FOR MUSIC COMPLAINTS OR FOR FIGHTS OR DUIS? DRUNK IN PUBLIX? HI, SERGEANT CAMACHO WITH THE NATIONAL CITY POLICE DEPARTMENT, UH, SINCE APRIL 9TH, 2022, WE RESPONDED TO 15 CALLS FOR SERVICE THERE RANGING FROM FIGHTS SUBJECTS UNDER THE INFLUENCE NOISE COMPLAINTS, UH, SUBJECTS WITH WEAPONS.
AND CAN YOU VERIFY WHAT TIMES THESE CALLS WERE OCCURRING? UH, I CAN GO THROUGH ALL THE CALLS AND LET YOU KNOW THE TIMES IF YOU DECIDE.
I, I WOULD, I WOULD APPRECIATE THAT.
I THINK THAT WOULD BE HELPFUL IN DETERMINING HOURS OF OPERATION FOR ALCOHOL SALES.
UH, THERE WAS A SUBJECT BRAND TO SEEN A WEAPON ON APRIL 9TH, 2022 AT 11:09 PM UH, SUBJECT BRANDISHED A GUN TO, UH, THE KARAOKE DJ ON JUNE 8TH, 2022 AT 11:53 PM THERE WAS A DISTURBANCE INSIDE, UH,
[01:15:01]
OVER A DRUNK CUSTOMER TRYING TO GET HIS KEYS BACK FROM THE, UH, EMPLOYEES OF THE BAR OR THE RESTAURANT, I'M SORRY.UH, ON JULY 9TH, 2022 AT 10:15 PM APPROXIMATELY, THERE WAS A FEMALE WHO WAS BEAT UP IN ONE OF THE BATHROOMS BY TWO OTHER FEMALES AT ON 10 23 22 AT 8:47 PM THERE WAS A GROUP OF MALES FIGHTING OUT IN FRONT OF THE RESTAURANT ON JANUARY 10TH, 2023 AT 8:22 PM THERE WAS A DISTURBANCE AT THE RESTAURANT WHERE AN INTO, THERE WAS AN INTOXICATED FEMALE OUT IN FRONT OF THE RESTAURANT IN A VEHICLE ON MARCH 18TH, 2023 AT 7:51 PM THERE WAS A CALL REFERENCE LOUD MUSIC AND A DRUNK FEMALE INSIDE ADVISING THAT SOMEONE HAD STOLE HER PHONE.
SHE WAS ARRESTED FOR BEING DRUNK IN PUBLIC.
UH, THERE'S ANOTHER CALL OF A FIGHT ON SEVEN TWENTY THREE TWENTY THREE AT 5:51 PM OF TWO SUBJECTS WHO ATTACKED THE RPS BOYFRIEND AND ALSO THEM SEPTEMBER 25TH, 23 AT ONE 30 IN THE MORNING.
UH, IF HE, THE RP HAD LOCATED HER HUSBAND WHO WAS UNDER THE INFLUENCE ON THE SIDE OF THE RESTAURANT, STATED HE WENT BACK IN THE RESTAURANT AND THEN LEFT ON A BICYCLE.
ON OCTOBER 8TH, 2023, THERE WAS A COMPLAINT OF LOUD MUSIC COMING FROM THE RESTAURANT.
THAT WAS AT 11:47 PM ON NOVEMBER 26, 23 AT 10:30 PM UH, THERE WAS A BATTERY THAT OCCURRED AT THE RESTAURANT.
UH, SOMEONE HIT THE REPORTING PARTY IN THE FACE.
THERE'S ANOTHER MUSIC DISTURBANCE AT THE RESTAURANT ON JUNE 14TH, 2024 AT, UH, MIDNIGHT 54 LOUD MUSIC COMING FROM THE RESTAURANT.
UH, AND THEN AGAIN, THAT SAME DAY AT 1 32 IN THE MORNING ADVISING THAT AFTER POLICE LEFT, ABOUT 15 MINUTES LATER, THEY STARTED BLASTING MUSIC AGAIN.
THERE WAS A REPORT OF SHOTS FIRED AT THE RESTAURANT ON 6 23 24 AT 11:07 PM UH, THAT WAS DETERMINED TO BE A FIGHT THAT OCCURRED INSIDE THE RESTAURANT, UH, MUTUAL FIGHT BETWEEN PATRONS OF THE RESTAURANT.
UH, THERE WAS A BATTERY ON 6 28 24 AT 9:05 PM UH, SOMEONE HIT AN EMPLOYEE BUT LEFT, BUT THEY KEPT COMING BACK TO THE RESTAURANT AND THE FINAL CALL IS FROM JULY 18TH, 2024 AT 11:16 PM OF LOUD MUSIC THE RP WAS WILLING TO SIGN.
THEY STATED IT WAS A CHRONIC ISSUE AT THE RESTAURANT.
THANK YOU VERY MUCH FOR, UM, FOR GOING THROUGH THAT.
UM, DO AND STAFF, DO YOU KNOW, HAVE THERE BEEN ANY A, B, C VIOLATIONS? UM, STAFF HAS NOT BEEN PROVIDED WITH ANY INFORMATION ON THAT.
UM, UH, I'M NOT AWARE HOW THEY WOULD DIRECTLY LET US KNOW.
UM, I GUESS I DO WANT TO POINT OUT, WHEN I TALKED ABOUT ENFORCEMENT, I ALSO ADMITTED, UM, YOU KNOW, THIS BODY ALSO HAS AN ENFORCEMENT ROLE AND THAT IT CAN REVOKE A CUP SHOULD IT NOT BE, UH, FOLLOWING THE CONDITIONS OF APPROVAL, WHICH IS CONDITION SEVEN IN THE DRAFT RESOLUTION.
SO I WANTED TO ALSO BRING THAT UP AS WELL.
I JUST WANTED TO, I, I DON'T THINK WE HAD ANY SERVING MINORS UNDER FOR CALLS OR ANYTHING LIKE MINORS BEING SERVED.
WE HAVE NO, UH, REPORTS OF THAT FROM A BCI AM IN CHARGE OF THE A BC GRANT.
UM, SO WE DO THE MINOR DECOYS AND SHOULDER TAPS.
UH, RESTAURANTS HAVEN'T BEEN THE FOCUS.
IT'S MORE BEEN THE OFF SALE LOCATIONS, BUT WE MIGHT CHANGE THAT UPCOMING THIS YEAR.
AND, UM, THE PRIOR CUP, DID THAT ALSO REQUIRE RECEIPTS FROM THE PRIOR SALES OR, UH, RECEIPTS FROM PRIOR SALES THAT WERE, UM, 'CAUSE I THINK THAT IT'S SAYING TO RENEW THEIR BUSINESS LICENSE, THEY HAVE TO PROVIDE RECEIPTS
[01:20:01]
SHOWING THAT THERE'S FOOD AND ALCOHOL BEING PURCHASED AT THE SAME TIME.DO WE HAVE THOSE RECEIPTS? CAN WE VERIFY THAT THAT WAS HAPPENING? WAS THAT A CONDITION OF THE PRIOR APPROVAL OR JUST A CONDITION GOING FORWARD? THE APPROVED CP DID HAVE A CONDITION OF APPROVAL RELATED TO PROVIDING RECEIPTS OF SALES OF FOOD IF, WELL, IF ALCOHOL, UM, WE DO NOT HAVE FULL COMPLIANCE WITH OUR, UH, ALCOHOL BUSINESSES, AND THIS IS NOT ONE OF THE ONES THAT HAS REPORTED IN RECENT YEARS.
SO HOW DOES STAFF FOLLOW UP WITH THAT OR ENFORCE? UH, STAFF DOES A YEARLY REMINDER TO THE BUSINESSES ON OUR LIST.
UM, SO WE SEND OUT NOTIFICATIONS.
UM, WE CURRENTLY DO NOT HAVE A, LIKE A THREATENING LETTER OR SOMETHING OF THAT NATURE, BUT IT'S SOMETHING THAT WE ACTUALLY HAD AN INTERN RESEARCHING AS FAR AS LIKE GETTING US A LITTLE BIT MORE INFORMED ABOUT WHO'S NOT REPORTING TO MAKE SURE WE'RE DOING A BETTER JOB REACHING OUT.
AND THEN, UM, HAVE, HAVE THEY HAD, THEY HAVEN'T HAD, THEY'VE BEEN OPERATING WITHOUT A CUP WITH FOR LIVE ENTERTAINMENT? UM, IT SOUNDS LIKE WHAT SHE WAS STATING, UM, THE, THE OWNER AND I, I TOTALLY RESPECT THAT THEY'VE BEEN IN BUSINESS SINCE 1987 AND, UH, I PROBABLY WOULDN'T KNOW FROM 1987 WHAT WAS IN MY ORIGINAL CUP EITHER.
UM, BUT IT LOOKS LIKE THEY'VE BEEN OPERATING LIVE ENTERTAINMENT ALREADY WITHOUT THE CURRENT CUP.
UM, REALLY THE ONLY INFORMATION STAFF WOULD HAVE ON IT WAS FROM, YOU KNOW, THE POLICE REPORTING AND ANYTHING PROVIDED BY THE APPLICANT THEMSELVES.
UM, THERE WAS A CONDITION OF APPROVAL FOR NO LIVE ENTERTAINMENT IN THAT 1987 COP.
CHAIR RECOGNIZES COMMISSIONER ES UM, WELL, I, I WANTED TO CLARIFY, DID THEY, UH, THEY HAD, THEY'D BEEN PLAYING MUSIC ALL ALONG, OR DID THEY STOP OR, AND THEY'RE ASKING THEY CAN DO IT AGAIN? OR WHY DID THEY STOP IF THEY HAD, I, I JUST NEED TO, I'M NOT SURE I UNDERSTOOD THAT.
IS THAT A QUESTION FOR THE APPLICANT DIRECTLY? WELL, WHOEVER CAN ANSWER IT OR STAFF, WELL, STAFF WOULDN'T HAVE THAT ANSWER BECAUSE WE DON'T KNOW WHAT HAPPENS.
BUT MAYBE WE CAN HAVE THE APPLICANT RESPOND TO THAT.
UH, I WOULD ASK THAT, THAT, UH, THE APPLICANT APPROACH THE, THE PODIUM PLEASE IN ORDER TO RESPOND SO WE CAN HAVE IT TRANSLATED.
SO, UH, WHAT SHE SAID IS, THE PERSON THAT SOLD US, THE RESTAURANT, TOLD US THAT THE PLACE HAD ALWAYS HAD THE PERMIT FOR MUSIC AND ALSO SALES OF ALCOHOL.
SO WE BELIEVED THAT OUR PERMIT, UM, WE HAD UNDERSTOOD THAT THEN WE HAD THE PER THE PERMIT FOR IT.
BUT THEN WHEN OFFICER WESO, UH, WENT, HE WAS THE ONE THAT EXPLAINED TO ME THAT THE PERMITS WERE ONLY FOR THE SAN DIEGO PART OF THINGS.
AND, UM, HE SAID, IT'S, IT'S OKAY.
ALL YOU HAVE TO DO IS THEN APPLY FOR THE PERMITS IN NATIONAL CITY.
SO THAT IS WHY WE REQUESTED THE PERMIT NOW FOR NATIONAL CITY.
[01:25:01]
THE LIVE MUSIC, BUT NOW THEY'RE ASKING JUST FOR THE PERMIT TO DO IT LEGALLY.IS THAT, WOULD THAT BE A CORRECT STATEMENT? STAFF? UH, THEY WERE UNDER THE UNDERSTANDING FROM THE, UH, PERSONS THAT SOLD THEM THE ESTABLISHMENT THAT THEY COULD HAVE LIVE MUSIC.
AND SO NOW IN GOOD FAITH, THEY'RE APPLYING TO, TO BRING IN UNDER COMPLIANCE.
SO DO THEY HAVE A, DO YOU HAVE A BAND LIVE MUSIC COULD BE ALSO DJ MUSIC, SO THAT RECORDED MUSIC CHECKBOX AMPLIFIED.
WHEN, WHEN, UH, WERE DID YOU PURCHASE THE RESTAURANT INTERPRETER? COULD YOU PLEASE INTERPRET THAT? SURE.
CAN YOU REPEAT THE QUESTION? I'M SORRY.
I, I COULDN'T HEAR YOU PROPERLY.
UH, WE WERE WONDERING, COMMISSIONERS WERE WONDERING WHEN THE SALE TOOK PLACE THAT SHE ACTUALLY OBTAINED THE PROPERTY.
UM, CHAIR RECOGNIZES, UH, COMMISSIONER VALENZUELA.
UM, THIS QUESTION IS FOR SERGEANT CAMACHO.
UM, YOU KNOW, HAVING READ THIS AND THEN LOOKING AT OVER AGAIN, AND THEN HEARING YOUR REPORT, WHAT I'M READING HERE AND WHAT YOU STATED SEEMED LIKE TWO DIFFERENT THINGS.
IT WHAT'S THE, LIKE THE, AS FAR AS THE LIST OF INCIDENTS VERSUS WHAT THE REPORT SAYS VERSUS WHAT YOU'VE READ OUT LOUD, BECAUSE HAD I JUST READ THIS AND NOT HEARD FROM YOU, I WOULD'VE COMPLETELY CONSIDERED THE PUBLIC SAFETY ASPECT VERY DIFFERENTLY.
SO IS THERE A RANGE OR A WINDOW OR SOMETHING DEPENDING ON, LIKE, ON THE NUMBER OF INCIDENTS, OR IS THAT NORMAL? LIKE, FOR EXAMPLE, IS THIS NOT OUT OF THE ORDINARY BECAUSE I, YOU KNOW, I DON'T SHOW UP TO CALLS.
SO IS THIS LIKE KIND OF STANDARD PROCEDURE FOR A PLACE LIKE THIS? UH, AS FAR AS A PLACE THAT SIMULATES A BAR TYPE ACTIVITY, IT'S RELATIVELY NORMAL.
UM, FOR THERE TO BE FIGHTS, DRUNK PEOPLE, THINGS OF THAT NATURE, THE ONLY ALARMING THING WAS SOMEONE PULLING A GUN ON THE KARAOKE, UH, GENTLEMAN.
UM, BUT OUTSIDE OF THAT, IF YOU'VE ALCOHOL INVOLVED AND YOU HAVE PEOPLE UP LATE AT NIGHT, TYPICALLY THERE'S GONNA BE FIGHTS, THERE'S GONNA BE PROBLEMS THAT STEM TO OUTSIDE OF THE, THE BAR AS WELL.
SO THIS IS NOT OUT OF THE ORDINARY, EVEN THOUGH WHAT WE, WHAT WE READ AND WHAT YOU, IT'S, IT'S, THAT'S WHY THE SCORE IS KIND OF MEDIUM VERSUS WELL, SO IT'S A ASSESSED AT A, UM, A RESTAURANT, BUT UM, EVEN IF THEY ASSESS IT AS A BAR, IT STILL ASSESSES A MEDIUM RISK.
UM, I'M LIMITED ON, LIKE, I CAN'T PROJECT WHAT'S GONNA HAPPEN THERE AT THE FUTURE, OF COURSE, BUT IT DOES OPERATE MORE LIKE A BAR, ESPECIALLY DURING THE NIGHTTIME HOURS.
I'VE BEEN TO CALLS FOR SERVICE THERE.
I'VE BEEN TO MULTIPLE FIGHTS AT THAT RESTAURANT.
I'VE DEALT WITH PLENTY OF DRUNK PEOPLE THERE.
IT'S USUALLY A COUPLE OF PEOPLE THAT GET INTO SOMETHING.
IT'S NOT LIKE ENTIRE BAR BAR BRAWLS AT THE PLACE.
I WOULDN'T CONSIDER IT A, A PROBLEM ESTABLISHMENT LIKE WE MIGHT HAVE AT OTHER LOCATIONS THAT OPERATE AS A BAR, BUT AS YOU CAN SEE, THERE IS A HISTORY OF CALLS FOR SERVICE THERE.
CHAIR RECOGNIZES, UH, COMMISSIONER ARMENTO.
UH, I AM GONNA PIGGYBACK, UH, OFFICER CAMACHO.
UM, YOU DID, UH, MENTION ABOUT 15 INCIDENTS, UH, IN BETWEEN THE 2022 AND 2024.
SO MY, AM I UNDERSTANDING CORRECT THAT THOSE 15 CALLS EQUAL A MEDIUM RISK? UH, CORRECT.
BASED ON THE RISK ASSESSMENT FORM THAT WE'VE BEEN OPERATING UNDER FOR YEARS AT THE POLICE DEPARTMENT, I GO THROUGH THAT.
UM, THOSE CALLS ARE DO RANGE OVER THE, THE COURSE OF TWO YEARS.
SO IT'S NOT LIKE IT'S HAPPENING EVERY DAY AT THAT RESTAURANT.
UM, BUT AGAIN, YOU'RE HAVING LIVE MUSIC, YOU'RE HAVING ALCOHOL, YOU'RE OPENING LATE AT NIGHT, YOU PROBABLY ARE GONNA HAVE TO DEAL WITH PROBLEMS THAT ASSOCIATE WITH INTOXICATED PEOPLE.
WHEN YOU DO THESE TYPE OF, UH, RISK ASSESSMENTS, DO YOU ALWAYS ONLY GO TWO YEARS? OR DO YOU GO BACK INTO, FOR NOW THAT WE KNOW WHEN SHE PURCHASED THIS PLACE IN 2015, DOES CAN YOU GO BACK TO THEN? I MIGHT BE ABLE TO, THE PROBLEM WOULD BE THAT WE CHANGED TO A NEW, UH, COMPUTER AIDED DISPATCHING SYSTEM IN 2022, WHICH DELETED ALL THE OLD HISTORY AND OR KEPT IT IN A LOG THAT I DON'T HAVE ACCESS TO.
SO I'D HAVE TO TALK TO OUR IT PERSON IN ORDER TO PULL UP YEARS FURTHER BACK THAN THAT.
[01:30:01]
THAT WAS AVAILABLE TO ME AT THIS TIME, THE TWO YEARS HISTORY.THANK YOU SO MUCH, MS. OFFICER CAMACHO.
FOR STAFF, UM, I SEE THAT THIS IS A BEER IN WINE SALES, UH, LICENSE.
SO DOES THAT MEAN THAT THEY DO NOT HAVE PERMISSION FOR A ALCOHOL OR LIQUORS HARD? HOW DO YOU SAY IT? HARD SPIRITS OR HARD LIQUOR? HARD LIQUOR, UM, THROUGH THE CHAIR.
THEY CURRENTLY HAVE AN A, B, C TYPE 41 LICENSE.
THEY ARE NOT PROPOSING TO CHANGE THAT, WHICH IS FOR BEER AND WINE ONLY.
UM, STAFF DID HAVE SOME CONVERSATION WITH THE APPLICANT.
THEY DO SELL, OR THEY DO HAVE SOME BOTTLES IN RESTAURANT THAT ARE, UM, AGAVE WINE, WHICH LOOK A LOT LIKE DISTILLED DISTILLED SPIRITS.
UM, IF YOU LOOK AT THE PICTURES IN THE STAFF REPORT, UH, IT SEEMS LIKE A LOT OF THEIR ALCOHOL IS VISIBLE, UM, TO THE PUBLIC.
UM, BUT IF THEY HAVE ANYTHING THAT IS NOT CONSIDERED BEER OF WINE OR MAYBE CONSIDERED DISTILLED SPIRITS OR LIQUOR, UH, THEY SHOULD NOT BE HAVING THAT, THAT WOULD BE STRICTLY PROHIBITED WITH THE APPROVAL OF THE COP OR THE EXISTING COP.
SO, UH, IF YOU'RE REFERENCING THE PICTURES HERE, I'M LOOKING AT THE PICTURES AND THE IDEAL, THERE'S SOME BOTTLES THAT LOOK LIKE TEQUILA BACK THERE ON THE SHELF ON THE SECOND SHELF.
AND THEN I WAS, WHEN I DID DO A PROPERTY INSPECTION, SO, UH, I DIDN'T GO AND SEE EVERY SINGLE BOTTLE BEHIND THE BAR, BUT JUST FROM MY QUICK GLANCE, I DID, UH, CAPTURE LIQUOR, WHICH IS WHY I WAS ASKING ABOUT THIS BEER AND WINE SALES.
UM, STAFF DOES BELIEVE SOME OF THOSE BOTTLES ARE THAT AGAVE WINE, BUT, YOU KNOW, WE CAN'T SEE EVERYTHING IN DETAIL.
SO, UM, IT IS A CONDITION OF APPROVAL THAT THEY ARE NOT ALLOWED TO HAVE THOSE ADDITIONAL DISTILLED SPIRITS OR LIQUORS.
SO HAD SOMEBODY, UH, EXPLAINED THAT TO THE OWNERS IN SPANISH, THAT THEY WOULD PROBABLY HAVE TO APPLY FOR A DIFFERENT TYPE OF LICENSE IF THE INTERPRETER CAN EXPLAIN? IF NOT, I CAN DO THAT.
AND, UH, ABOUT THE FOOD RECEIPTS, WHO DO THEY TURN THAT INTO? IS THAT, IS THIS SOMETHING THAT IS GOING TO BE ENFORCED AS WELL AS, UH, I GUESS I'M JUST BOTHERED BY THE PICTURES HERE STILL.
UH, YOU KNOW, THROUGH THE CHAIR, UH, FOOD RECEIPTS ARE DIRECTLY PROVIDED TO, UH, CURRENTLY THE STAFF PERSON IS ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, MARTIN REEDER.
UM, HE'S THE ONE THAT RECEIVES THOSE RECEIPTS AND HISTORICALLY HAS REACHED OUT OR HAS BEEN IN CONTACT WITH THE BUSINESSES THAT DO PROVIDE THOSE RECEIPTS.
AND THEN ONE QUESTION FOR THE PUBLIC.
I I, A FEW OF YOU MENTIONED THAT, UH, THERE WAS PEOPLE COMING INTO YOUR PROPERTY, UM, FROM AFTER.
AND DID YOU GUYS CALL THE POLICE FOR THAT? OKAY.
'CAUSE I JUST DIDN'T RECALL HEARING THAT.
UH, COULD YOU PLEASE REPEAT YOUR ANSWER SO WE CAN HAVE IT ON THE RECORD? THE MICROPHONE? COULD YOU COME UP TO THE MICROPHONE PLEASE? C MR. FERNANDEZ, IF YOU COULD, WE, WE NEED TO GET THIS IN THE RECORDING, AND THANK YOU FOR YOUR UNDERSTANDING.
NO, ACTUALLY, I, I ACTUALLY CHASED HIM AWAY.
I WAS MORE INTO PROTECTING MY WIFE THAN I WAS ACTUALLY CALLING THE POLICE.
'CAUSE HE WAS AT MY DOOR AT 2:00 AM OKAY.
SO I JUST, I SNAPPED AND I CERTAINLY HOPE THAT ANY MAN IN HERE WOULD DO THE SAME.
ANY FURTHER QUESTIONS? CLARIFICATION, MODIFICATION TO A CONDITIONS SUGGESTED MODIFICATIONS TO CONDITIONS,
[01:35:08]
HAVING HEARD ALL COMMENTS FROM MEMBERS OF THE STAFF AND THE PUBLIC.ON THIS ITEM, IS THERE A COMMISSIONER WISHING TO BRING A MOTION TO CLOSE THE PUBLIC HEARING? THIS IS ONLY TO CLOSE THE PUBLIC HEARING, NOT FOR APPROVAL OR DENIAL OF THE PROJECT AT THIS TIME.
THIS IS TO CLOSE THE PUBLIC HEARING.
WE HAVE A MOTION BY VICE CHAIR CASTLE AND A SECOND BY COMMISSIONER ARMINTA TO CLOSE THE PUBLIC HEARING, BEING THE MAKER OF THE MOTION.
VICE CHAIR CASTLE HAS THE FIRST OPPORTUNITY TO SPEAK ON THE MOTION.
NOTHING, UH, ARE THE, IS THERE ANY FURTHER DISCUSSION? OKAY.
UH, WE WILL NOW VOTE ELECTRONICALLY TO CLOSE THE PUBLIC HEARING ONLY.
MADAM SECRETARY, PLEASE DECLARE THE RESULTS OF THE VOTE.
MOTION CARRIED WITH, UH, COMMISSIONERS PRESENT.
AND, UH, COMMISSIONER SANCHEZ RECUSAL.
I HEREBY CLOSE THE PUBLIC HEARING COMMISSIONERS ANY DISCUSSION AMONGST OURSELVES AT THIS TIME.
WE'RE TALKING AMONGST OURSELVES AT THIS TIME.
COMMISSIONER MENTO, DO YOU HAVE ANY FURTHER COMMENTS? UH, YES.
I JUST, THE WHAT THEY SELL, I GUESS IS WHAT'S REALLY BOTHERING ME, YOU KNOW, IF SOMEBODY CAN DOUBLE CHECK THAT.
AND, UM, THE ADJUSTMENT OF HOURS, UM, OF LIVE MUSIC, UH, DUE TO, UH, THE PUBLIC CONCERN, YOU KNOW? DO YOU HAVE SUGGESTED HOURS? UH, YES.
I MEAN, IF WE, 11 O'CLOCK, UH, BECAUSE CONDITIONS NINE AND 10 IN THE RESOLUTION DO ADDRESS THE HOURS OF OPERATION FOR THE SALE OF BOTH ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT.
A SALE OF ALCOHOLIC BEVERAGES WOULD BE 9:00 AM TO 11:00 PM ON, UH, SUNDAY TO THURSDAY, AND 9:00 AM TO 12:00 AM FRIDAY AND SATURDAY.
SO THOSE ARE CONDITIONS NINE AND 10 IN THE RESOLUTION OF APPROVAL.
I, I HAD IT CONFUSED WITH WHAT THEY WERE REQUESTING TO WHAT, WHAT THIS CITY RECOMMENDED.
I WOULD ACTUALLY LIKE TO SHORTEN THOSE, THOSE DOWN.
UM, SUNDAY IS A SCHOOL NIGHT, AND RIGHT.
WE DID RECEIVE A PUBLIC COMMENT.
UM, I'M GOING TO READ THIS ONTO THE RECORD.
UM, I FEEL THIS IS A VERY BAD IDEA.
I OWN FOUR RENTAL UNITS ACROSS HIGHLAND.
UM, THE ADDRESSES, ALL ADULTS HAVE JOBS.
SEVEN CHILDREN NEED TO SLEEP LIVE MUSIC, ENTERTAINMENT AFTER 9:00 PM WEEKDAYS, AND 10:00 PM WILL MAKE IT VERY HARD FOR FAMILIES TO GET SLEEP AND STAY ASLEEP.
THIS WILL BRING ADDED NOISE, TRAFFIC, PARKING PROBLEMS. HIGHLAND AVENUE IS A MIXED USE RESIDENTIAL.
THERE SHOULD BE SOME COMMON SENSE AND SHOW RESPECT FOR THE FAMILIES.
MY OPINION IS NO LIVE ENTERTAINMENT OR MUSIC AFTER 9:00 PM WEEKDAYS AND NONE AFTER 10:00 PM I AM GOING TO GO AHEAD AND SAY, UH, 9:00 PM ON SUNDAYS, I THINK IS FAIR.
FOR LIVE ENTERTAINMENT, CORRECT.
FOR LIVE ENTERTAINMENT PURPOSES.
UM, I THINK 9:00 PM ON SUNDAYS AND I THINK 10:00 PM FRIDAY AND SATURDAY.
UH, BECAUSE IN THIS LOCATION, WHAT TIME? REPEAT THAT FOR SATURDAY NIGHT? FOR FRIDAY.
FRIDAY AND SATURDAY NIGHT, 10:00 PM IN THIS LOCATION.
THERE LITERALLY ARE, UH, RESIDENTIAL HOUSEHOLDS ON THE OTHER SIDE OF IT.
I THINK WITH MILLER VANILLA, IT'S KIND OF MORE, AND, UH, MARKET ON EIGHT.
THEY WERE MORE SEPARATED FROM THE HOUSES.
UM, AND THIS ONE, THERE'S NOT MUCH OF A BARRIER IN BETWEEN THEM.
UM, SO THAT, THAT WOULD BE MY SUGGESTION.
AND THEN, UH, ALSO, UM, THE ALCOHOL SALES, UM, GOING WITH WHAT OFFICER CAMACHO, UM, HAD EXPRESSED, IT SEEMS THE MAJORITY OF ALCOHOL PROBLEMS ARE AFTER 10:00 PM ESPECIALLY GETTING INTO THE 11:00 PM HOURS AND LATER.
UM, SO I WOULD LIKE TO SEE THESE SHORTENED DOWN.
UH, I WOULD, I WOULD, UM, SAY ALCOHOL, UH, 9:00 AM TO, UH, MAYBE THE SAME TIME, UH, MAYBE 10:00 PM
[01:40:01]
ON SUNDAY.AND THEN, UM, OR SUN SUNDAY TO THURSDAY.
NO, WHAT AM I DOING HERE? YEAH, THAT WOULD BE SUNDAY TO THURSDAY.
ALCOHOL CELL SHOULD BE PERMITTED THE HOURS OF 9:00 AM TO 10:00 PM SUNDAY TO THURSDAY, AND 9:00 AM TO 11:00 PM I WOULD SAY WOULD BE THE LATEST FRIDAY AND SATURDAY.
UM, AND WITH THE LIVE ENTERTAINMENT, OF COURSE, WRAPPING UP A LITTLE BIT BEFORE THAT, UM, THAT, THAT'S MY SUGGESTION.
I'M OPEN TO ANY OTHER COMMISSIONERS THAT HAVE ADDITIONAL, YOU KNOW, UM, RESPECT.
I DO WANNA SEE THIS BUSINESS THRIVE AND SUCCEED.
UM, IT HAS BEEN IN PLACE SINCE 1987.
SO I THINK KIND OF WORKING WITH, WITH BOTH THE PUBLIC AND, AND THE, THE OWNER IS GOING TO BE, UM, GOOD ON SOME, SOMETHING ON THIS ONE.
AND, YOU KNOW, THEY JUST DIDN'T KNOW, UM, WHAT THEY DIDN'T KNOW.
AND SO, YOU KNOW, THEY'VE BEEN OPERATING LIKE THEY'VE HAD THAT THE WHOLE TIME.
UM, BUT NOW THAT, UM, I THINK WE'RE, THEY'VE COME IN AND I TOTALLY RESPECT THAT THEY CAME IN TO GET THIS DONE.
UM, I, I THINK IT'S SOMETHING THAT WE JUST NEED TO WORK TOGETHER WITH EVERYBODY ON.
UM, IF I, I'M GONNA TRY AND READ THIS NOW.
UH, CONDITION NUMBER NINE WOULD THEN READ THE SALE OF ALCOHOLIC BEVERAGES SHALL ONLY BE PERMITTED BETWEEN THE HOURS OF 9:00 AM AND 10:00 PM SUNDAY TO THURSDAY AND 9:00 AM TO 11:00 PM FRIDAY AND SATURDAY.
IS THAT CORRECT? SO 11:00 PM YES.
AND THEN, UH, 10 CONDITION 10 WOULD BE LIVE ENTERTAINMENT SHALL ONLY BE PERMITTED BETWEEN THE HOURS OF 4:00 PM AND 10:00 PM FRIDAY AND SATURDAY, AND BETWEEN 4:00 PM AND 9:00 PM ON SUNDAY.
AND I GUESS, UH, UH, I FEEL TOO THAT SUNDAY'S IS A KIND OF A WORK NIGHT.
EVERYBODY HAS TO GO TO WORK ON MONDAY.
SO WE NEED TO, TO LOOK AT THAT MORE AS A WORK NIGHT CHAIR.
CAN WE PAUSE TO HAVE THE INTERPRETATION, UM, PROVIDE THOSE CONDITIONS? OKAY.
UH, ANY OTHER COMMENTS? OKAY, I HAVE ONE MORE.
I WAS JUST GONNA SAY, UM, I THINK THIS GOES IN LINE.
WE LIKE KIND OF IN BETWEEN WITH VANILLA MANILA AND WITH, UH, FRIENDS OF, UM, FRIENDS OF FRIENDS THAT'S HERE.
SO THIS JUST KIND OF FALLS RIGHT IN BETWEEN THE HOURS THAT WE HAD ALREADY SET PREVIOUSLY FOR THOSE TWO.
UM, SO I THINK THAT THAT IS FAIR.
I THINK IT'S IMPORTANT AS WELL THAT, UH, EVERYBODY UNDERSTAND THIS IS A RESTAURANT, IT NEEDS TO FUNCTION AS A RESTAURANT.
AND THE INTERPRETER, IF YOU COULD PLEASE, UH, INTERPRET THAT, THAT IT, IT'S VERY IMPORTANT THAT EVERYBODY UNDERSTAND THAT THIS IS A RESTAURANT NEEDS TO FUNCTION AS A RESTAURANT AND NOT AS A BAR.
IT SEEMS TO BE EVOLVING TOWARDS OPERATING AS A BAR.
AND THAT CANNOT BE, IT MUST REMAIN AS A RESTAURANT WHERE FOOD IS SOLD, GOOD FOOD WITH BEER AND ALCOHOL, UH, OR WINE, I SHOULD SAY.
UH, SO INTERPRETER, COULD YOU PLEASE INTERPRET THAT? OF COURSE.
THANK YOU VERY MUCH FOR INTERPRETING THAT.
UM, THEN WE'RE GOING TO MOVE ON.
UH, IS THERE A MEMBER OF THE COMMISSION THAT WOULD LIKE TO BRING A MOTION TO ADOPT THE RESOLUTION OF APPROVAL AS AMENDED?
[01:45:01]
DO WE NEED TO, UM, MAKE, DO WE NEED TO, UM, READ OUT THE, THE, THE WAY THAT IT'S BEEN AMENDED? THAT, THAT'S WHY I READ IT JUST A COUPLE OF MINUTES AGO? OKAY.DO I NEED TO REPEAT BECAUSE NO, YOU'RE FINE.
SO WE HAVE A MOTION BY VICE CHAIR CASTLE.
WE HAVE A MOTION BY VICE CHAIRMAN CASTLE AND A SECOND BY COMMISSIONER VALENZUELA TO ADOPT RESOLUTION NUMBER 2024 DASH 19, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CQA UNDER CLASS ONE OF THE CQA GUIDELINES OF LIVE, UM, CA GUIDELINES, SECTION 1 53 0 1, EXISTING FACILITIES AND CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXTENSION, EX, EXCUSE ME, EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES, A B, C TYPE 41 AT AN EXISTING RESTAURANT, ELON, UM, LOCATED AT 5 43 HIGHLAND AVENUE.
CASE FILE NUMBER 2024 DASH 21 CPAN 5 56 DASH THREE ONE DASH FIVE DASH ZERO ZERO.
AND THIS, OF COURSE WOULD BE AS AMENDED BY VICE CHAIR CASTLE ON CONDITIONS NINE AND 10.
UM, BEING THE MAKER OF THE COMMISSION, VICE CHAIR CASTLE, UM, HAS THE FIRST, UH, OPPORTUNITY TO SPEAK ON THE MOTION.
I WOULD JUST LIKE TO, UM, SAY TO EL LUCK AND, UM, YOU KNOW, WE WISH YOU THE BEST ON EVERYTHING, AND I HOPE THAT THIS CLEARS UP ANY KIND OF, UM, ISSUES THAT'S BEEN GOING ON WITH ANY RESIDENTS AROUND THE AREA AND ALSO OF THE INTERPRETER.
IF YOU COULD INTERPRET, UM, THIS IS VERY IMPORTANT THAT THE, UH, OPERATORS OF THE, THE RESTAURANT, UH, FULLY UNDERSTAND ALL THE CONDITIONS OF APPROVAL AND ABIDE BY THESE, BECAUSE AS STAFF MENTIONED, IF THERE ARE ISSUES, IF CODE ENFORCEMENT AND OR POLICE ARE CALLED, THIS CAN COME BACK BEFORE THIS BODY FOR REVOCATION.
SO IF WE ARE GETTING, UH, COMPLAINTS FROM THE PUBLIC THAT, UH, THERE ARE FIGHTS, UH, UH, POLICE CALLS AND THINGS LIKE THAT, THAT IS AN EVENTUALITY.
IF THAT CONTINUES TO HAPPEN, WE WANT THE RESTAURANT TO OPERATE AND TO BE SUCCESSFUL AS MENTIONED, BUT WE ALSO NEED TO ABIDE WITHIN THE RULE OF OF LAW.
UM, SO NOW WE WILL NOW VOTE ELECTRONICALLY ON THIS MOTION.
MADAM SECRETARY, PLEASE DECLARE THE RESULTS.
AND COMMISSIONER SANCHEZ RECUSED.
THANK YOU VERY MUCH AND THANK ALL OF YOU FOR COMING AND PARTICIPATING TODAY.
MILLER, UH, LET'S GIVE THE INTERPRETER A CHANCE TO INTERPRET WHAT YOU JUST SAID.
INTERPRETER, COULD YOU PLEASE INTERPRET THAT? THANK YOU FOR THE INTERPRETATION.
AS I WAS SAYING, I WANT TO THANK EVERYBODY FOR COMING TONIGHT AND PARTICIPATING IN THIS.
THAT DOES CONCLUDE THE DISCUSSION ON THIS PARTICULAR ITEM.
WE WILL BE MOVING ON TO ANOTHER ITEM NOW.
[5. Request to Initiate a General Plan Amendment and Zone Change for a property located at 3040 East 16th Street and neighboring parcels to change the zoning from RS-2 to MXC-1.]
ITEM FIVE IS A REQUEST TO INITIATE A GENERAL PLAN, AMENDMENT, AND ZONE CHANGE FOR PROPERTY LOCATED AT 30 40 EAST 16TH STREET AND NEIGHBORING PARCELS.TO CHANGE THE ZONING FROM RS DASH TWO TO MXC DASH ONE.
WILL STAFF PLEASE INTRODUCE YOURSELF AND SUMMARIZE THE ITEM.
CAN WE PAUSE ONE SECOND AND WAIT FOR COMMISSIONER SANCHEZ TO RETURN? OH, YES, MY APOLOGIES.
[01:50:01]
UH, MS. DEPUY? MS. DEPUY, COULD YOU TELL COMMISSIONER SANCHEZ TO COME BACK IN? THANK YOU.UH, INTERPRETER, UH, YOUR SERVICES ARE NO LONGER NEEDED FOR THIS PARTICULAR ITEM, UH, OR FOR THE REST OF THE PLANNING COMMISSION MEETING.
WE THANK YOU VERY MUCH FOR YOUR SERVICES AND LOOK FORWARD TO, UH, YOU BEING WITH US AT THE NEXT MEETING.
OKAY, LET ME START THIS OVER AGAIN FOR ITEM FIVE IS A REQUEST TO INITIATE A GENERAL PLAN, AMENDMENT, AND ZONE CHANGE FOR PROPERTY LOCATED AT 30 40 EAST 16TH STREET AND NEIGHBORING PARCELS.
TO CHANGE THE ZONING FROM RS DASH TWO TO MXC DASH ONE.
WILL STAFF PLEASE INTRODUCE YOURSELF AND SUMMARIZE THE ITEM.
GOOD EVENING, MR. CHAIR, MEMBERS OF THE COMMISSION AND MEMBERS OF THE PUBLIC.
MY NAME IS DAVID WELCH, ASSOCIATE PLANNER WITH THE NATIONAL CITY PLANNING DIVISION.
UM, ITEM NUMBER FIVE IS UNDER OTHER BUSINESS.
IT IS A REQUEST TO INITIATE A GENERAL PLAN, AMENDMENT AND ZONE CHANGE, UH, FOR A PROPERTY LOCATED AT 34 E 16TH STREET AND NEIGHBORING PARCELS.
UM, STARTING OFF WITH AN OVERHEAD OF THE AREA I HAVE HIGHLIGHTED IN RED, UM, THE PROPERTY THE APPLICANT, UH, WISHES TO DEVELOP IN THE FUTURE, WHICH IS AGAIN IN RED, IS A VACANT PARCEL.
UM, IN BLUE ARE OTHER NEIGHBORING PARCELS THAT ARE CURRENTLY DEVELOPED WITH, UH, BOTH MULTIFAMILY AND COMMERCIAL USES.
UH, THEY ARE PROPOSED TO BE INCLUDED IN THIS REQUEST.
UH, A LITTLE BIT MORE IMAGERY.
UH, APPLICANT'S PROPERTY IS THE VACANT ONE IN THE MIDDLE.
UH, THE THREE PROPERTIES TO THE RIGHT OF THAT ARE ALSO INCLUDED IN THE REQUEST.
UM, JUST ANOTHER VIEW FROM, I GUESS THIS WOULD BE THE SOUTHWEST SIDE, SHOWS A LITTLE BIT OF THE TOPOGRAPHY OF THE AREA AND FLIPPING AROUND TO A VIEW FROM THE, FROM THE NORTHEAST, I GUESS IT WOULD BE, UH, AGAIN, SHOWING KIND OF THE MULTI-FAMILY, UH, COMMERCIAL NATURE OF THE, THE AREA.
LOOKING FROM THE STREET SIDE OF THINGS, THIS, AGAIN, THIS IS THE PROPERTY 30 40 E 16TH STREET.
UM, YOU CAN SEE A LITTLE BIT OF A GRADE CHANGE THERE FROM THE STREET RIGHT AWAY TO THE PROPERTY.
UM, AND THEN ONE OF THE NEIGHBORING MULTIFAMILY FAMILY BUILDINGS TO THE LEFT.
UH, ON THE LEFT HAND SIDE, WE HAVE A PROPERTY WITH AN EXISTING LIQUOR STORE, WHICH ALSO HAS A RESIDENTIAL UNIT BEHIND IT.
UM, AND THEN ON THE RIGHT HAND SIDE, UH, THE SECOND MULTIFAMILY PROPERTY.
AND THEN FINALLY, UM, CROSSED EAST 16TH STREET ON THE CORNER OF 16TH AND HARBISON IS A, UH, BASICALLY A HEAD START PRESCHOOL LOCATED THERE.
SO GETTING INTO THE SITE, UM, APPLICANT'S PROPERTY IS A 0.45 ACRE VACANT PROPERTY, UM, THAT PROPERTY'S OWNER IS REQUESTING THIS INITIATION.
IT'S CURRENTLY ZONED RS TWO SMALL DOT RESIDENTIAL.
UM, THIS AREA, I GUESS IT'S IMPORTANT TO KNOW THAT, UM, ON THE REAR OF THE PROPERTIES ON E 16TH STREET, WE HAVE, UH, E 17TH STREET, WHICH FOR ALL PURPOSES IS A PAPER STREET.
UM, THE APPLICANT'S SITE AS WELL AS THE OVERALL AREA IS MODERATELY SLOPED.
UM, SO WE HAVE A DOWN SLOPE FROM 16TH DOWN TO 17TH, AND THERE'S SOME OTHER, UH, TOPOGRAPHY VARIATIONS IN THE AREA.
GOING ONTO THE FOUR ADDITIONAL PROPERTIES WE TALKED ABOUT, THEY'RE ALL CURRENTLY ZONED RS TWO, UM, 30 42 TO 30 46 EAST 16TH STREET.
NEXT TO THE APPLICANT'S PROPERTY IS A SIX UNIT, UH, MULTIFAMILY STRUCTURE.
SO ONE BUILDING NEXT TO THAT, WHICH IS THE ONE THAT WAS NEXT TO THE LIQUOR STORE.
IT'S SEVEN MULTI-FAMILY UNITS IN TWO STRUCTURES.
EAST 16TH STREET IS THE LIQUOR STORE AND RESIDENTIAL UNIT.
UM, AND THEN 1504 SOUTH HARBISON IS THE PRESCHOOL, WHICH IS ON THE NORTH SIDE OF 16TH STREET.
UM, GETTING A LITTLE MORE INTO THE AREA, THERE IS A BUS STOP
[01:55:01]
WITH, UH, TRANSIT SERVICE LOCATED AT THAT CORNER, EAST 16TH AND SOUTH HARBISON.UM, AND THEN DIRECTLY TO THE SOUTH OF THESE PROPERTIES.
UH, WHICH, UM, THERE'S AN BASICALLY A ZONING DISTRICT, WHICH FRONTS EAST 18TH STREET.
THAT ZONE DISTRICT IS CURRENTLY M MX C ONE, UH, UH, MINOR MIXED USE CORRIDOR.
UM, AND THESE PROPERTIES IN THAT ZONE BASICALLY ABUT THESE PROPERTIES ACROSS THAT PAPER STREET.
SO THE PROPOSAL, UH, FOR THE APPLICANT, THEY WISH TO CONSTRUCT A FIVE UNIT MULTIFAMILY DWELLING, CURRENTLY NOT PERMITTED IN THE RS TWO ZONE.
SO THE APPLICANT IS REQUESTING THAT ZONE CHANGE TO MX C ONE.
UH, WHENEVER WE'RE DOING A ZONE CHANGE, UH, THERE'S TYPICALLY A GENERAL PLAN AMENDMENT THAT'S REQUIRED, WHICH SHOULD BE FROM LOW MEDIUM DENSITY RESIDENTIAL TO MEDIUM MIXED USE.
UH, THE NEIGHBORING PROPERTIES ARE REQUESTED TO BE INCLUDED IN THIS INITIATION.
ALL THOSE OTHER PROPERTIES CURRENTLY HAVE A LEGAL NONCONFORMING STATUS.
THEY ARE, UH, CURRENTLY OCCUPIED BY USES AND STRUCTURES THAT DON'T MATCH THE RSS TWO ZONE.
UM, HERE IS THE APPLICANT'S CONCEPT, AGAIN, EARLY STAGES.
UH, THEY JUST HAVE BASIC CONCEPT OF HOW THE BUILDING WOULD SITE GO ON THE SITE.
UM, IT WOULD BE A PROPOSED TWO STORY FIVE UNIT RESIDENTIAL BUILDING.
UH, YOU CAN SEE A TWO-WAY DRIVEWAY COMING OFF OF EAST 16TH STREET WITH SOME PARKING IN THE BACK.
AND THEN THEY WOULD MEET, UH, THE CITY'S COMMON OPEN SPACE REQUIREMENTS IN THE REAR OF THE PROPERTY.
UM, I WILL SAY THAT THE PROPOSAL IS, UH, I GUESS WE COULD CALL IT A MODIFIED CONCEPT.
UM, ORIGINALLY THEY WANTED THREE STORIES AND SEVEN UNITS, UM, BUT THEY RECEIVED BACK, UH, COMMENTS FROM OUR FIRE DEPARTMENT AND THEY'VE SINCE MET WITH THE FIRE DEPARTMENT AND, UH, MODIFIED THEIR PROPOSAL, UM, TO MEET THE REQUIREMENTS THAT THEY WERE, UH, CONCERNED WITH.
SO NOW IT'S A TWO STORY FIVE UNIT PROJECT THAT'S CURRENTLY THE CONCEPT BEING PROPOSED.
JUST THE DIAGRAM OF THE ZONING, WHICH I KIND OF TALKED ABOUT, UH, THE KIND OF BLACK HASHED AREA WOULD BE THE PROPERTIES THAT ARE CURRENTLY RSS.
TWO THAT'D BE REQUESTED TO CHANGE TO MX C ONE.
AND THEN YOU CAN SEE TO THE SOUTH, UH, WE HAVE A BASICALLY WHOLE DISTRICT OF MX C ONE PROPERTIES CURRENTLY ZONED FOR MIXED USE.
SO FOR THE STAFF ANALYSIS, UM, YOU KNOW, LOOKING AT THE SURROUNDING LAND USES, WHICH SHOULD BE A CONSIDERATION WHEN DOING A GENERAL PLAN ZONE CHANGE, UH, IT'S ALMOST ENTIRELY SINGLE FAMILY RESIDENTIAL AND THE DENSITIES ARE QUITE LOW, UH, RANGING FROM 2.5 TO 5.3 DWELLING UNITS PER ACRE.
UM, ALL STAFF REALLY DID AS FAR AS THE DENSITIES LOOK AT HOW LARGE ARE, ARE THE LOTS IN THE AREA.
UM, THIS ANALYSIS INCLUDES BOTH AREAS THAT ARE CURRENTLY RS TWO AND MXC ONE.
SO THERE'S NOT REALLY MUCH DIFFERENCE IN, UH, DENSITY OUT THERE CURRENTLY, DEPENDING FOR EITHER DISTRICT.
UM, THE CURRENT GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTIES, THE ZONE CHANGES REQUESTED FOR IS NINE DWELLING UNITS PER ACRE.
SO AS YOU CAN SEE RIGHT NOW, WE'RE WAY UNDER DENSITY ON A LOT OF THESE PROPERTIES.
UM, THE EXISTENCE OF COMMERCIAL PROPERTIES IS VERY LIMITED IN THIS AREA.
TWO OF THE COMMERCIAL PROPERTIES ARE INCLUDED IN THE PROPOSAL, WHICH WOULD THEN BECOME CONFORMING USAGE SHOULD THIS, UH, EVENTUALLY, UH, THE ZONE CHANGE BE APPROVED.
UM, THE ONLY OTHER ONE IN THE RS TWO ZONE IS A SMALL OFFICE BUILDING, WHICH IS ADJACENT TO THE LIQUOR STORE.
I THINK IT'S THE REAL ESTATE OFFICE.
IT MIGHT ALSO HAVE RESIDENTIAL IN IT AS WELL.
AND THEN THE ONLY OTHER COMMERCIAL USES IN THE AREA ARE ON THE FAR END OF THE MX C ONE ZONE, WHICH IS, UH, THERE'S ANOTHER LIQUOR STORE AND AN S STG E SUBSTATION.
SO NOT A LOT OF COMMERCIAL USES CURRENTLY, UH, MORE IMPORTANTLY MAYBE IS MULTIFAMILY RESIDENTIAL, WHICH IS BEING PROPOSED BY THE APPLICANT.
THERE ARE A FEW EXISTING, UH, MULTIFAMILY, UH, STRUCTURES IN THE AREA.
THE ONLY ONES WITHIN THE RS TWO ZONE CURRENTLY ARE, UH, THE TWO PROPERTIES BEING CONSIDERED FOR THE ZONE CHANGE.
SO THERE'S NO LARGE MULTIFAMILY PROPERTIES IN THE RS TWO ZONE THAT ARE CURRENTLY OUTSIDE OF THAT PROPOSED CHANGE.
UH, WITHIN THE MXC ONE ZONE, UH, THERE ARE SEVERAL PROPERTIES THAT WOULD HAVE THREE OR MORE UNITS.
UH, I THINK THERE IS ABOUT SEVEN.
UH, THE LARGEST OF WHICH, UM, HAS 24 UNITS AND 29 DWELLING UNITS PER ACRE.
AGAIN, THAT'S ALSO UNDER DENSITY.
THE MXC ONE ZONE ALLOWS UP TO 48 DWELLING UNITS PER ACRE.
UM, THE TWO MULTI-FAMILY PROPERTIES PROPOSED FOR THE REZONE, THEIR DENSITIES ARE 14 AND 15 DWELLING UNITS PER ACRE, WHICH AGAIN, IS WELL UNDER THE MX C ONE ZONE'S.
SO THE APPLICANT'S REQUEST INCORPORATES PROPERTIES THAT ARE CURRENTLY EXIST OR INCONSISTENT WITH THEIR CURRENT ZONE.
[02:00:01]
OF THAT, SHOULD THIS ZONE CHANGE BE INITIATED AND APPROVED, UM, THERE WOULD BE RELATIVELY LITTLE CHANGE TO THE AREA AS FAR AS POTENTIAL FOR DEVELOPMENT AND, AND INTENSITY BECAUSE THOSE OTHER PROPERTIES ALREADY ARE AT THAT, UH, DEVELOPMENT AND INTENSITY.UM, WHEN CONSIDERING A REQUEST SUCH AS THIS, THE COMMISSION SHOULD ALSO LOOK AT GENERAL PLAN AND THE GENERAL PLAN POLICIES.
I'VE HIGHLIGHTED A FEW HERE, UH, UH, POLICY H 1.1.
SO THAT'S THE HOUSING ELEMENT.
PROVIDE AN ADEQUATE SUPPLY OF LAND ZONE FOR RESIDENTIAL DEVELOPMENT TO MEET PROJECTED HOUSING NEEDS.
UH, SO THIS INITIATION WOULD INCREASE THE CAPACITY FOR RESIDENTIAL DEVELOPMENT IN THE CITY.
UH, POLICY H 2.1 PROMOTE RESIDENTIAL DEVELOPMENT ON UNDERUTILIZED LAND AND REMOVE BARRIERS TO INFILL DEVELOPMENT.
UM, THIS IS CURRENTLY A VACANT LOT, UM, BEING THAT IT'S ZONE RS TWO, THE ONLY REAL WAY TO CURRENTLY ADD MORE DENSITY WOULD BE A SUBDIVISION.
UH, THERE WOULD BE BARRIERS TO CREATING A SUBDIVISION HERE.
UM, AND THEN POLICY LU 2.1, THAT'S THE LAND USE ELEMENT FACILITATE THE DEVELOPMENT OF A VARIETY OF HOUSING TYPES THAT MEET THE, UH, REGIONAL HOUSING NEEDS ASSESSMENT, UH, WHILE ALSO ENHANCING THE CITY'S COMMUNITY CHARACTER.
UM, THIS WOULD SWITCH THE APPLICANT'S PROPERTY FROM BEING ABLE TO JUST DO SINGLE FAMILY DEVELOPMENT TO A DIFFERENT STYLE.
UM, AND POLICY LU 3.1 SUPPORT THE CREATION OF AN EXPANSION OF MIXED USE COMMERCIAL AND HIGHER DENSITY RESIDENTIAL DEVELOPMENT IN TRANSIT TRANSIT PRIORITY AREAS IN A ALONG MIXED USE CORRIDOR.
UM, BASED ON STAFF ANALYSIS, THE CURRENT MXC ONE ZONE IS NOT GETTING REALLY MIXED USE DEVELOPMENT.
SO ADDING THIS AREA MAY FURTHER ENHANCE THAT DISTRICT TO ALLOW, UM, BETTER DEVELOPMENT TO OCCUR.
AGAIN, LIKE I SAID, THE APPLICANT'S PROPERTY'S CURRENTLY VAGUE VACANT, DOESN'T HAVE THE STREET FRONTAGE TO REALLY DO A SUBDIVISION, UH, PROPERTY WOULD OTHERWISE GO UNDEVELOPED OR UNDERUTILIZED.
UM, AGAIN, THE PROP PRO, THE PROPOSAL PROMOTES THE VIABILITY OF THE MX C ONE DISTRICT IN THE AREA.
AS FAR AS THE LAND USE CODE IS CONSIDERED, UM, THE PROPOSAL WE'VE SEEN IS ENTIRELY CONCEPTUAL.
THE APPLICANT HAS A VISION FOR WHAT THEY WANT TO DO AS FAR AS THE UNITS AND STYLE OF OF PROPERTY, UH, BUT WE DON'T HAVE ENOUGH INFORMATION TO LOOK AT IT AS FAR AS EVERY SINGLE LAND USE CODE.
THE ONLY THING STAFF HAS REALLY IDENTIFIED AT THIS POINT IS, UM, WHAT THEY'RE PROPOSING WOULD NOT MEET THE 75% PERCENT STREET WALL REQUIREMENT FOR THE MXC ONE ZONE.
UH, THERE'S A COUPLE OPTIONS FOR ALLEVIATING THAT.
ONE WOULD BE TO POTENTIALLY REQUEST A VARIANCE AND THAT COULD COME BACK WITH THE FULL GENERAL PLAN AMENDMENT AND ZONE CHANGE REQUEST.
OR THERE ARE OPTIONS TO HAVE DEVELOPMENT STANDARDS WAIVED THROUGH THE DENSITY BONUS PROJECT SHOULD THE APPLICANT BE WILLING TO PROVIDE IT FOR AN AFFORDABLE UNIT.
FOR OUR CQA, UM, THERE'S NO PROJECT APPROVAL WITH THIS ITEM, SO IT CAN FALL UNDER, UH, CLASS SIX, WHICH, WHICH IS INFORMATION COLLECTION.
UH, AND FURTHER ENVIRONMENTAL ANALYSIS WOULD, WOULD COME WITH THE FULL GENERAL PLAN, ITS OWN CHANGE AMENDMENT SHOULD IT BE INITIATED.
UH, IN SUMMARY, PROPERTY IS CURRENTLY VACANT SUITABLE FOR INFO DEVELOPMENT.
WHILE YOU COULD DO A SUBDIVISION ON THAT PROPERTY, IT MAY BE IMPRACTICAL.
UM, AND SO THE ZONE CHANGE WOULD ALLOW A DEVELOPMENT CONSISTENT WITH THE GENERAL PLAN POLICIES THAT I DISCUSSED.
UM, AND THEN THE SURROUNDING AREA IS ALMOST ENTIRELY LOW DENSITY SINGLE FAMILY HOUSING, BUT THE PROPERTIES THAT WOULD BE INCLUDED, UH, WITH THE REQUEST WOULD BECOME CONSISTENT WITH THE MINOR MIXED USE CORRIDOR ZONE.
UM, AND THEN INCLUDING THOSE NEIGHBORHOOD PROPERTIES, UH, WOULD EXPAND THE CURRENT MX C ONE DISTRICT IN A LOGICAL MANNER, UH, PROVIDING MORE DEVELOPMENT OPPORTUNITIES IN CLOSE PROXIMITY TO PUBLIC TRANSIT.
FINALLY, THE OPTIONS HERE TONIGHT FOR THE COMMISSION ARE TO INITIATE PROCEDURE PROCEEDINGS TO AMEND THE LAND USE DESIGNATION AND ZONING DESIGNATION IN ORDER TO DEVELOP A MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL PROJECT, OR FILE THE REPORT AND DENY THE REQUEST.
UM, ALSO POTENTIALLY CONTINUING THE ITEM FOR MORE INFORMATION STAFF IS RECOMMENDING INITIATION SHOULD IT BE INITIATED.
THE NEXT STEPS WOULD BE THE APPLICANT COMING IN WITH A FULL APPLICATION FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE THAT WOULD REQUIRE PUBLIC HEARINGS AT BOTH THE COMMISSION AND CITY COUNCIL LEVEL.
UM, WITH THAT, THAT CONCLUDES STAFF PRESENTATION.
UH, AND I'M AVAILABLE FOR ANY QUESTIONS.
MR. WELCH, DO ANY OF THE PLANNING COMMISSIONERS HAVE ANY QUESTIONS OR COMMENTS OF STAFF? YES.
[02:05:01]
UH, RECOGNIZE SAN COMMISSIONER SANCHEZ.I'LL ALRIGHT, MICROPHONE, PLEASE.
SO I WAS GOING OVER A COUPLE OF THESE, UH, THE LAYOUT OUT OF QUOTE UNQUOTE THE LAND.
SO YOU'RE TELLING ME THAT THE PROPERTIES OVER ON, UH, HARVESTING AND 16TH, INCLUDING THE LIQUOR STORE MOVING TOWARDS THE VACANT LOT ARE ALL NOT IN COMPLIANCE.
SO THE CURRENT ZONE FOR ALL THE PROPERTIES, UH, SHOWN HERE, THE RED AND THE BLUE, THEY'RE ALL ZONED, UH, RS TWO, WHICH IS SMALL LOT RESIDENTIAL.
THAT ZONE ONLY ALLOWS ONE, UH, PRIMARY HOUSING UNIT PER LOT.
UM, SO WHEN YOU LOOK AT HOW IT'S OCCUPIED, WE HAVE A, UH, ONE PROPERTY HAS A SIX UNIT APARTMENT BUILDING THAT WOULD BE OUT OF COMPLIANCE THAT WOULD BE CONSIDERED NON-CONFORMING, UH, SEVEN UNIT APARTMENT COMPLEXES, WHICH WOULD BE NONCONFORMING.
A LIQUOR STORE COMMERCIAL WOULD NOT BE PERMITTED.
AND THEN THE PRESCHOOL, ALSO A PRESCHOOL WOULD NOT BE PERMITTED IN A RESIDENTIAL ZONE.
SO, UM, ALL THOSE SUGGESTED PROPERTIES TO BE INCLUDED IN THE INITIATION ARE CURRENTLY NOT, ARE CURRENTLY NOT IN COMPLIANCE, LEGAL NONCONFORMING.
SO WITH THAT, THAT KIND OF SETS THE STAGE OF MY POINT HERE.
THEY ARE IN NOT, NOT IN COMPLIANCE, AND THEY ARE ALSO, SO WHAT'S WHAT'S BOTHERING ME IN A SENSE IS THAT THE INFRASTRUCTURE IS NOT THERE FOR IT.
YOU KNOW, WE HAVE A PAPER STREET IN THE BACK AND THAT, THAT SCARES ME BECAUSE OF THE HIGHER DENSITY WE'RE PUTTING INTO THESE AREAS AND FIRE AND SAFETY THINGS OF THOSE.
SO THERE'S NO PROPER, YOU KNOW, FOR PEOPLE TO EVACUATE, PEOPLE TO, TO INGRESS AND DIGRESS.
SO, AND THE OTHER SAFETY FACTOR THAT I DON'T LIKE THERE IS IN THAT STREET THAT, AND I'LL PUT MY
SO IT IS VERY INTERESTING WHAT WE'RE PLANNING ON, UH, GOING WITH.
UH, CHAIR RECOGNIZES COMMISSIONER VALENZUELA.
UM, I DO HAVE A QUICK QUESTION ABOUT THE, UM, NONCONFORMANCE.
UM, CAN YOU EDUCATE ME ON HOW LIKE THOSE PROPERTIES CAN EITHER GET, OBVIOUSLY IT'S LEGAL, IT'S JUST NON-CONFORMING TO THE GENERAL PLAN.
SO HOW DOES THAT HAPPEN? IS IT JUST YOU, IT'S A ONE-OFF, YOU JUST DO LIKE A, A ZONE FOR EACH? I MEAN, HOW DOES THAT, HOW DOES THAT HAPPEN? DO YOU GET PRO, IS IT JUST BEFORE WE'VE UPDATED THE GENERAL PLAN THEY GOT IN BEFORE? HOW DOES THAT WORK FOR FUTURE REFERENCE? SO, I MEAN, LEGAL COMES FROM WHEN THEY WERE BUILT, THEY WERE A LEGAL DEVELOPMENT, SO, OKAY.
UM, NONCONFORMING MEANS, SO TODAY THAT AT SOME POINT THE CITY AUTHORIZED A ZONE THERE THAT NO LONGER FITS WHAT'S ON THOSE PROPERTIES.
UM, WE HAVE SPECIAL RULES FOR SINGLE FAMILY PROPERTIES.
SO WE ALLOW, UH, ENLARGEMENTS OF SINGLE FAMILY HOMES THAT ARE NONCONFORMING.
UH, FOR PROPERTIES THAT ARE COMMERCIAL OR MULTIFAMILY, THEY'RE NOT ALLOWED TO EXPAND.
SO, UM, YOU KNOW, IF WE'RE SEEING A MULTI-FAMILY STRUCTURE IN THE PICTURE, THEY REALLY CAN ONLY RENOVATE AND REHAB AND KIND OF MAINTAIN WHAT THEY HAVE.
BUT SHOULD IT EVER, LET'S SAY, BURN DOWN, IT WOULD NOT BE ABLE TO BE REBUILT IN THAT MANNER.
AND THEN, UM, TO ADDRESS, UM, WE ARE HERE TODAY TO BASICALLY INITIATE A STUDY OR A PLAN MOVEMENT MOVING FORWARD.
SO THE ISSUE, THE CONCERNS THAT COMMISSIONER SANCHEZ HAS WOULD BE ADDRESSED AS FAR AS THE PAPER STREET AND THE, UM, ALL OF THE INFRASTRUCTURE NEEDS AND ALL OF THE TRAFFIC WOULD BE ADDRESSED AT A FURTHER DATE IN A PUBLIC HEARING WHEN WE HAVE A EITHER A PROPOSED PROJECT OR AN ACTUAL APPLICATION BEFORE US.
SO RIGHT NOW WE'RE JUST INITIATING YOU GUYS TO DO THE WORK, RIGHT? CORRECT.
UM, SO YEAH, THE INITIATION WOULD BE, UM, ESSENTIALLY THE PLANNING COMMISSION LIKES THIS IDEA.
UM, THIS IS A DEVELOP DEVELOPER DRIVEN INITIATION.
AND SO IT IS, IT'LL BE ON THAT APPLICANT TO COME BACK WITH A FULL APPLICATION AT A LATER TIME.
UM, AT THAT POINT IT WILL BE LIKE ANY OTHER, UM, DEVELOPMENT, DISCRETIONARY DEVELOPMENT APPLICATION WHERE WE CAN IMPOSE THINGS LIKE CONDITIONS OF APPROVAL.
UM, BUT WE ARE NOT AT THAT STAGE AT THIS TIME.
WE DO HAVE ONE PUBLIC SPEAKER THAT WOULD LIKE TO SPEAK ON THIS ITEM
[02:10:02]
AND I, I APOLOGIZE IT WAS NOT INCLUDED IN YOUR CHAIR SCRIPT, SO THAT IS, THAT'S OUR FAULT, BUT SHE CAME UP TO US AND WOULD LIKE TO SPEAK.DO WE HAVE A, A SPEAKER SLIP? MADAM SECRETARY? WE DO NOT.
MA'AM, PLEASE STATE YOUR NAME.
I'M HERE TO REPRESENT THE OWNERS WHO HAVE PROPOSED THIS DEVELOPMENT PROJECT.
UM, I'D LIKE TO START OFF BY SAYING THANK YOU TO STAFF WHO I'VE WORKED WITH OVER THE PAST COUPLE OF MONTHS TO GET THIS PROJECT GOING.
UM, SO WHAT'S VERY INTERESTING ABOUT THIS IS THAT OUR NEIGHBORS ARE NON-CONFORMING AND THEY HAVE MULTI-UNIT BUILDINGS BUILT.
WHEN I WAS CONTACTING THEM IN REGARDS TO US MAKING THIS PROPOSAL FOR A ZONE CHANGE, A LOT OF THEM INFORMED ME THAT THEY WERE NEVER INFORMED THAT THEY WERE GOING TO BE NON-COMPLIANT.
SO NO ONE KNOWS WHEN THEIR ZONE CHANGED TO BE NON-CONFORMING.
NO ONE KNOWS WHEN THIS AREA BECAME RS TWO AND IT'S NEW NEWS TO EVERYONE.
AND CURRENTLY TO CHANGE THIS ZONE, IT IS COSTING US $12,000.
AND THAT'S NOT, THAT'S NOT A SMALL PENNY.
AND IT'S, IT'S VERY, IT FEELS UNFAIR OBVIOUSLY, BECAUSE THESE PEOPLE FEEL THAT THEY HAVE, UM, THEY HAVE RESIDENTIAL BUILDINGS, THEY HAVE LIQUOR STORES, THEY HAVE BUSINESSES THAT NOW ARE NO LONGER IN COMPLIANT WITH THE CITY, AND IT'S VERY DIFFICULT FOR THEM TO BUILD ANYTHING TO CONTINUE TO DEVELOP THIS AREA.
AS FOR EAST 17TH STREET, I HAVE ALREADY BEEN AT CITY COUNCIL MEETING TO PROPOSE A DEVELOPMENT PLAN TO COUNCILMAN MARCUS BUSH ON THE DEVELOPMENT OF EAST 17TH STREET.
THAT STREET IS 1,800 FEET LONG AND THERE IS NO SINGLE INDIVIDUAL WHO CAN BEAR THE COST OF DEVELOPING THAT STREET.
A LOT OF THESE LOTS, AS YOU CAN SEE IN THIS PICTURE ABOVE, ARE LEFT EMPTY BECAUSE THERE'S NO RESOURCES ON EAST 17TH STREET.
I HAVE ALREADY URGED THE CITY TO HELP IN THE DEVELOPMENT OF THIS STREET.
AS FOR THE FIRE, UM, THE FIRE CONCERNS, WE HAVE TALKED WITH, UH, FIRE MARSHAL ROBERT HERNANDEZ.
UH, WE HAVE CLARIFIED THAT WE HAVE ALL THE PROPER, UH, NEEDS IN TERMS OF FIRE, UH, FIRE PLANS AND FIRE ESCAPES.
AND WE HAVE ALSO, AS YOU SEE, WE HAVE WORKED MULTIPLE ITERATIONS WITH OUR PROPOSAL TO MAKE SURE WE'RE IN COMPLIANCE WITH THE CITY AS WELL AS WITH THE FIRE DEPARTMENT.
UM, VICE CHAIR CASTLE, UM, I HAVE A COUPLE OF QUESTIONS HERE AND, UM, ARE, SO THESE ARE NOT ALL OWNED BY THE SAME OWNER, THEY'RE OUT OF COMPLIANCE.
UM, HAVE ALL THE OWNERS BEEN NOTIFIED OF THE REZONING AT THIS TIME? THIS IS, UM, UH, BASICALLY, YOU KNOW, A, A STUDY OR A STAFF PRESENTATION.
UM, SO THERE WAS NO PUBLIC NOTICE THAT WENT OUT.
UM, I DID BRIEFLY MENTION TO THE APPLICANT AND WE'VE TALKED TO THE CITY ATTORNEY'S OFFICE ABOUT THE NEED FOR BRINGING THOSE PROPERTIES ON BOARD FOR A FULL APPLICATION.
UM, SO THAT'S SOMETHING, SHOULD AN APPLICATION COME IN, WE'D WANNA SEE SOME COMMITTAL OR AUTHORIZATION FROM THOSE PROPERTY OWNERS TO BE INCLUDED IN THIS.
AND, UH, THAT $12,000, IS THAT PER PROPERTY OR IS THAT, UH, PER, PER LOT OR IS THAT, UM, SOMETHING THAT WOULD BE DIVIDED AMONGST, UH, THE, ALL OF THEM? SO THE, UM, INITIATION FEE, WHICH HAS BEEN PAID IS RELATIVELY SMALL TO KIND OF VET THE PROCESS A LITTLE BIT.
WE DON'T WANT THEM TO INVEST A LOT TO GO ON SOMETHING THAT MAY NOT MOVE FORWARD.
UM, AFTER THAT THERE ARE FEES, UM, FOR A GENERAL PLAN, AMENDMENT FEES FOR A ZONE CHANGE, UM, SHOULD A VARIANCE BE REQUESTED, THERE'D BE A FEE FOR THAT.
UM, THAT WOULD BE PAID BY THE APPLICANT, WHICHEVER EN ENTITY THAT MAY BE, UH, PRESUMABLY BE THE ONE WITH THE DEVELOPMENT PROPOSAL.
UM, IF ANOTHER PROPERTY OWNER WANTED TO CHIP IN, THEY COULD, BUT YOU KNOW, THAT, UH, THAT IF A ONE FEE, 'CAUSE THERE'S ONLY ONE STAFF REPORT, ONE PUBLIC HEARING, UM, IT WOULDN'T, IT WOULDN'T BE, YOU KNOW, PROPERTY OWNER SPECIFIC.
IT WOULDN'T BE FOUR TIMES THAT.
AND WHEN DID THE, WHEN DID THE ZONING CHANGE, UM, ON, ON THESE? WHEN, WHEN DID THEY BECOME NON-CONFORMING? I HAVE NOT BEEN AT THE CITY THAT LONG.
IT IS BEEN BASICALLY ABOUT FOUR YEARS, UM, FROM WHAT I SEE IN LIKE MLS REPORTS ABOUT 30 YEARS AGO THAT A LOT OF THE CITY WAS ZONED TO R FOUR.
[02:15:01]
UM, BUT THAT DOESN'T NECESSARILY EXPLAIN THE LIQUOR STORE OR THE PRESCHOOL.UM, SO MY BEST GUESS IS IT'S BEEN AT LEAST 30 YEARS SINCE THE ZONE HAS BEEN, UH, RESIDENTIAL AND DEFINITELY SINGLE FAMILY RESIDENTIAL HAS BEEN THERE FOR AT LEAST 20 YEARS.
AND THEN THE, UM, AGAIN, COMING BACK TO THE PAPER STREET, UM, I KNOW THAT WE WERE LOOKING AT SOME OF THE PAPER STREETS HERE IN NATIONAL CITY AND MAYBE THEY WERE GONNA BE DISSOLVED AT SOME POINT.
UM, WAS THERE ANY PLANS OF EVER DISSOLVING, UH, THIS 17TH STREET PAPER STREET? SO IT CAN BE DEVELOPED OR, OR IS, IS, UM, WHAT'S, WHAT'S GOING ON WITH THAT? UM, THAT MIGHT BE A DISCUSSION FOR THE CITY ENGINEER.
UM, BUT I MEAN, AS APPLICANT MENTIONED, IT'S A VERY LONG STREET HERE.
UM, AND AS YOU CAN SEE IN THE PICTURE, UM, YOU KNOW, THESE LOTS ARE VERY DEEP.
SO WITHOUT A, WITHOUT A STREET THERE, THE CONDITIONS ARE NOT REALLY EVER GOING TO CHANGE.
UH, HOWEVER, WITH THE ZONING, AT LEAST ON EAST SIXTH STREET, THE THE DENSITY OF DEVELOPMENT THAT'S ALLOWED WOULD NOT REALLY SUPPORT THAT COST OF INFRASTRUCTURE.
SO, UM, YOU KNOW, HOW DO WE MOVE FORWARD? THAT'S REALLY A GREAT QUESTION FOR PUBLIC WORKS IN ENGINEERING, UM, OR EVEN SOMETHING FOR THE COMMISSION TO CONSIDER ON AT A FUTURE TIME.
ANY OTHER DISCUSSION? COMMISSIONER? UH, COMM, COMMISSIONER SANCHEZ? GO ONE MORE TIME.
NOW, THIS IS MORE TOWARDS THE CITY.
CAN WE EXTEND THIS? I KNOW THE APPLICANT JUST WANTS TO KEEP IT BETWEEN, UH, OR SHE'S JUST APPLYING UP TO THAT STREET, BUT I SEE THAT THERE, IT CAN ALL THESE LOTS GO ALL THE WAY TO, UH, WHAT IS THAT, 17 FROM 17 TO LENO, LENO, LENO, RIGHT BEFORE THERE, AND THAT'S MORE OF A COMMENT FOR NOT WITH THE APPLICANT RIGHT NOW, BUT MORE IN THE FUTURE.
AND WE'RE LOOKING AT OUR MASTER PLAN BECAUSE IT'S, IT, IT SEEMS KIND OF AT THIS POINT, LIKE A NO BRAINER TO REZONE IT AND DO SOMETHING ABOUT THAT, THAT PAPER STREET SO THAT WE CAN PROMOTE DEVELOPMENT.
ANYWAY, THAT'S, THOSE ARE MY CONCERNS.
UH, IS THERE A MEMBER OF THE COMMISSION THAT WOULD LIKE TO BRING A MOTION TO APPROVE THE INITIATION OF A GENERAL PLAN AMENDMENT AND ZONING CHANGE FROM RS DASH TWO TO MXC DASH ONE FOR THE PROPERTY LOCATED AT 30 40 E 16TH STREET AND THE NEIGHBORING PARCELS HAVE A MOTION? YEAH.
PUSHED, BUT IT'S NOT, THERE IT GOES.
WE HAVE A MOTION BY COMMISSIONER VALENZUELA AND A SECOND BY COMMISSIONER SANCHEZ TO APPROVE THE INITIATION OF THE GENERAL PLAN AMENDMENT AND ZONE CHANGE.
THE COMMISSION WILL NOW VOTE ELECTRONICALLY ON THIS MADAM SECRETARY, PLEASE DECLARE THE RESULTS OF THE VOTE.
AND JUST FOR RECORD, UH, VICE CHAIR CASTLE, I MIGHT HAVE A POTENTIAL CONFLICT ON THIS ONE.
UH, I HAVE ALREADY ALERTED THE, UH, ATTORNEY HERE, UH, OUR CITY ATTORNEY SO THAT SHE'S AWARE OF, UM, MY, MY HUSBAND'S UNCLE LIVES AT 16TH AND THE NORTON, SO TO SEE IF THAT IS A, A POSSIBLE CONFLICT FOR ME.
WITH THANK YOU VERY MUCH MS. FOR COMING TONIGHT.
THAT CONCLUDES THE DISCUSSION ON THIS PARTICULAR ITEM.
[STAFF REPORTS]
OKAY.WE WILL MOVE ON TO STAFF REPORTS.
DIRECTOR OF COMMUNITY DEVELOPMENT.
UH, NOTHING AT THIS TIME, BUT, UH, DEFINITELY DO APPRECIATE ALL OF THE DILIGENCE THAT THE COMMISSION PUTS INTO EACH ITEM.
IT, IT SHOWS THAT YOU REALLY DO MAKE AN EFFORT TO STUDY THE COMPLEXITIES AROUND EACH OF THE ITEMS. AND, YOU KNOW, WE DO APOLOGIZE FOR HAVING TO, UH, CONTINUE ITEM NUMBER FOUR.
THERE'S A LOT OF WORK THAT GOES IN THE BACKGROUND TO GET THESE PREPARED FOR YOU TO BE ABLE TO DO THAT DILIGENCE.
WE'LL TRY IT FOR THAT NOT TO HAPPEN FOR FUTURE ITEMS. SO THANK YOU FOR YOUR UNDERSTANDING AND FOR THE COMMUNITY'S UNDERSTANDING AS WELL.
[02:20:01]
I WOULD ALSO LIKE TO THANK STAFF FOR ALL OF THEIR EFFORTS AND THEIR HARD WORK THAT GOES INTO ALL OF THE PLANNING HERE.I UNDERSTAND, YOU KNOW, SOMETIMES BALLS GET DROPPED AND, UM, YOU KNOW, I, I DO APPRECIATE, I DO APPRECIATE ALL OF THE WORK AND THE EFFORT THAT YOU DO TO GET US EVERYTHING.
UH, FIRST AND, UH, SECOND, THE, UM, I DID AGREE WITH THE PUBLIC COMMENTS ABOUT SOMETHING BEING DONE OVER BY THE CROSSWALK ON ORANGE.
THAT WAS, UM, A, A EXTENDED FAMILY MEMBER OF MINE THAT WAS THE ONE THAT WAS HIT AND PASSED AWAY.
UM, SO, UH, I DO, UH, SECOND THAT OUT OF THE PUBLIC.
I'M APPRECIATIVE OF ALL THE PUBLIC THAT CAME OUT TODAY, UM, TO SPEAK OUT.
AND I THINK THAT'S WHAT HELPS THE COMMUNITY GET STRONGER, UM, IS ALL OF US BEING TOGETHER.
AND, UM, OTHER THAN THAT, THAT'S IT.
EVERYBODY HAVE A HAPPY THANKSGIVING? THANK YOU.
UH, JUST, UH, ALSO WANNA THANK STAFF FOR ALL THE REPORTS AND EVERYTHING AND, UH, I GUESS I'LL SAY IT OUT LOUD, WE WON THE BAJA
UH, COMMISSIONER ARMA, UH, I WANNA PIGGYBACK AS WELL.
UH, THANK YOU FOR THE STAFF, YOU KNOW, FOR YOUR PATIENCE FOR ALL THE INFORMATION, UH, YOU KNOW, EMAILS AND AND STUFF.
UM, UH, BUT I DO, UH, MAYBE I JUST NEED TO LEARN A LITTLE BIT MORE ON THE PROCESS OF, UM, THE ITEM THAT WAS CONTINUED.
UM, A LOT OF THE PUBLIC DID, UM, WAS COMMENTING ON THE AWARENESS AND NOT BEING INFORMED IN A TIMELY MANNER.
SO, UH, JUST MAKE SURE THAT HAPPENS FOR THE NEXT ONE.
THANK YOU COMMISSIONER QUINONE.
I ALSO WANNA THANK THE STAFF FOR ALL THE WORK AND FOR EVERYTHING THAT YOU DO.
AND, UM, ALSO PIGGYBACKING ON, UH, MS. UH, COMMISSIONER ARMA.
YOU KNOW, IT'S LIKE THEY ALL TOOK THE TIME OUT TO COME OUT AND THEY DIDN'T HAVE A NOTICE.
SO MAYBE PERHAPS IN THE FUTURE THEY SHOULD GET NOTIFIED THAT SOMETHING'S GONNA BE POSTPONED OR CANCELED OR, YOU KNOW, OR PUT ON THE NEXT MEETING.
I, I AGREE WITH COMMISSIONER ARMA.
I THINK THAT'S VERY IMPORTANT.
OTHER THAN THAT, I JUST WANNA WISH EVERYBODY A HAPPY THANKSGIVING.
UM, I WOULD ADD, UM, BESIDES EV ALL THE OTHER, UH, COMPLIMENTS TO STAFF, UM, THAT THE WORK WE DO HERE, BOTH STAFF AND THE PLANNING COMMISSION, THIS IS THE ACTUAL PHYSICAL IMPLEMENTATION OF DEMOCRACY ON THE GROUND, THE GRASSROOTS IMPLEMENTATION OF DEMOCRACY, UH, SOMETHING WE OFTEN TAKE FOR GRANTED.
BUT THIS IS THE HARD WORK THAT WE DO, UH, BECAUSE WE LOVE OUR COMMUNITY AND, UH, THE PROCESS THAT GOES INTO IT AND, UH, THE FORWARD THINKING THAT, UH, IS INVOLVED IN IN ALL OF THIS.
SO IT'S, IT'S THE REAL PHYSICAL IMPLEMENTATION OF DEMOCRACY ON THE GROUND.
SO THANK YOU VERY MUCH AND HAPPY THANKSGIVING AS WELL.
COMMISSIONER VALENZUELA, I CHECKED YOUR NAME.
I WAS, I WAS GONNA, I DO HAVE A QUESTION, UM, FOR COUNSEL.
DID WE NOT PERFECT NOTICE? IS THAT WHY WE HAVE TO CONTINUE? SO WE DID POST NOTICE IN THE NEWSPAPER PROPERLY, HOWEVER, BECAUSE WE NEEDED MORE STAFF TIME, WE DID NOT HAVE TIME TO POST A NOTICE IN THE PAPER REVOKING SAYING THAT WE WERE GONNA CONTINUE THE ITEM.
SO WE HAD TO KEEP IT ON THE AGENDA BECAUSE IT WAS NOTICED TO THE PUBLIC.
SO IF THEY WERE TO SHOW AND SO THEN WE CONTINUED THE ITEM TO A DATE CERTAIN SO WE DON'T HAVE TO RE-NOTICE THE ITEM.
THANK YOU VERY MUCH AND HAPPY THANKSGIVING.
THE PLANNING COMMISSION IS HEREBY ADJOURNED UNTIL THE REGULARLY SCHEDULED MEETING OF DECEMBER 2ND, 2024 AT 6:00 PM THE TIME IS NOW 8:24 PM.