[0:28] e
[0:58] e
[1:28] e e
[2:26] okay I'd like to call um the January
13th 2025 planning meeting Lim me a
[2:34] Planning Commission meeting to order it
is six
[2:39] o'clock
um so commissioner graph would you lead
[2:44] us in the thanks salute everybody please
stand place your hand over your heart
[2:50] begin I pledge allegiance to the flag of
the United States of America and to the
[2:56] Republic for which it stands one nation
under God indivisible with liberty and
[3:03] justice for
[3:08] all thank you Madame clerk can you call
the role
[3:16] please
than oh there we
[3:20] go commissioner camarada here
commissioner deor here commissioner
[3:25] graph here commissioner Santos presid
commissioner Steinbach here Vice chair
[3:30] mattingley here and chair Stevens here
okay we're all here thank you we'll go
[3:36] into the oral Communications persons
wishing to address the Planning
[3:39] Commission on subjects other than those
scheduled are requested to do so at this
[3:44] time please provide your name and
address for the record in order to
[3:47] contact the timely meeting a 3 minute
time limit per person has been
[3:51] established government code section
549
[3:56] 54.2 prohibits the Planning Commission
from discussing or taking actions on a
[4:01] specific item unless it appears on the
agenda Madame clerk do you have you
[4:06] received any written comments regarding
anything not on the agenda no I have
[4:12] not do we have anyone in the
[4:18] audience okay I don't see so we move
along to the cons General can is there a
[4:25] motion
to second
[4:32] okay all right all in favor say
[4:38] I okay let's move into public hearing
everyone vote on that I did not I was
[4:45] not here last month last meeting from
that from the on that thank
[4:52] you and just a reminder if you're
speaking please turn on your
[4:57] microphones public hearings a discussion
and consideration of a conditional use
[5:02] permit for the sale of beer and wine for
Onsite conception for an existing
[5:07] restaurant at 1963 Pacific Coast Highway
Unit B in the community commercial Zone
[5:14] applicant is W show Kim of thanks
chicken presented by Erica barbarino
[5:21] assistant
planner thank you uh give me one moment
[5:26] please I'm having a little bit of
technical difficulties for
[6:09] then are you able to project from your
screen
[6:15] um I could
try if do you want to email me the
[6:19] presentation and see I can
[6:54] Lord
[7:44] thank
you um so today I'm presenting
[7:48] conditional use permit uh number 330
located at 1963 Pacific Coast Highway
[7:53] Unit B for the uh thanks chicken Lomita
uh
[7:57] restaurant so as ated the request is a
consideration for conditional use permit
[8:02] for beer and wine sales for on on-site
consumption at an existing restaurant at
[8:07] the prev previously provided address um
the subject property is located in the
[8:11] community commercial Zone and the
applicant is requesting alcohol service
[8:15] from 12: p.m. to 11: p.m.
[8:20] daily don't know why it looks like that
um uh second uh the request is to allow
[8:26] the community economic development
director to submit a public convenience
[8:30] or necessity for the sale of alcohol and
to find the project exempt from
[8:39] squa um background again the property is
located within the community commercial
[8:44] Zone um the general plan designation for
this location is commercial and there's
[8:48] no additional square footage being
proposed um the property is located the
[8:56] property is in a regularly shaped lot um
that is approximately 90,000 sare ft and
[9:01] it consists of three multi-tenant
buildings and a freestanding Bank of
[9:05] America ATM uh the shopping center has
several restaurants that have City
[9:09] approval for beer and wine sales for
on-site uh consumption uh with later
[9:14] service times being on the weekends
typically Friday and
[9:18] Saturday uh according to the municipal
code businesses selling alcoholic
[9:23] beverages must be located within 300 ft
from sensitive uses and that is defined
[9:27] as schools parks and public Recreation
areas and the distance is measured from
[9:32] the closest property line of the subject
parcel to the CL closest property line
[9:36] of the parcel containing the sensitive
use uh we have found that there are four
[9:41] sensitive uses under these categories uh
within 300 ft of the subject property uh
[9:47] those locations are veterans parked
Alexander Fleming Middle School St
[9:51] Margaret Mary's school and echelman
[9:57] Elementary um here is a visual of where
exactly those um sensitive uses are
[10:03] located relative to the subject
[10:08] property the applicant has provided us a
site plan uh of the of the property and
[10:14] blue is where the restaurant is the blue
box is where the restaurant is
[10:21] located the applicant has also provided
a floor plan
[10:30] in um the staff report staff has found
you know that the use is permitted with
[10:35] the c within the CC Zone and the general
plan it aligns with land use goals uh
[10:40] 1.5 and 1.6 in our uh land use element
um which promotes neighborhood serving
[10:46] uses and local um local spending um
according to Ellie County Sheriff data
[10:51] only five calls of service were um
called to the property and none of those
[10:57] calls were related to alcohol uh the use
would not be uh detrimental to the
[11:01] surrounding properties because the site
provides ample parking and adequate
[11:08] circulation with that staff recommends
the approval of conditional use permit
[11:12] number 330 and defines the uh project
exempt from squa um with that I am
[11:19] available to take any
[11:27] questions so
the 300 foot rule
[11:34] um it's interesting how this Falls
because we have several restaurants in
[11:39] there and if we go 300 foot from
Veterans Park that's from the back
[11:43] corner of the
property I mean it's like a thousand
[11:48] feet if you try to walk there
um it's I don't know I'm not complaining
[11:55] about it I'm just saying is there any
standard that we have for judging the
[11:59] 300 foot because this is a property that
houses multiple
[12:03] uses it's the property that's 300 foot
not the use I was always under the
[12:08] understanding it was the
[12:12] use yeah I think um this requirement is
typical to other requirements in in
[12:18] other cities um and it's
never known um whether the request is
[12:25] going to be from a shopping center like
this one or from a property that only
[12:29] has one uh individual use um but the the
effects of the use uh extend beyond the
[12:36] perimeters of the building itself or
where the use is going to be requ uh is
[12:40] being requested because there is parking
and there's traffic and there's going to
[12:45] be you know um people walking in and out
of the um the unit and so um again it is
[12:53] typical to you know for other cities to
to have the requirement from property
[12:57] boundaries
but um it's for you to assess um whether
[13:02] those impacts are significant or if they
can um uh if the use can still be
[13:08] approved um in consideration of knowing
that information so you take that into
[13:13] consideration based on what the property
is correct and the question came up to
[13:18] me and I wasn't sure how to answer it um
if you had a use that was not within 300
[13:25] feet but if it was within 300 foot it
would
[13:29] just to say that this particular place
was 500 feet away but they had offsite
[13:35] parking that was within the 300 foot
would it would that come into
[13:40] consideration that's a great question I
don't think it would uh just because
[13:45] that parking would be offside and it
wouldn't be part of the property where
[13:49] the use is located so I think the
measurement would just be from the
[13:53] property where the use is located okay
thank you
[14:02] could you put the slide back up that
shows the actual property with the the
[14:07] distances with yeah that can you blow
that
[14:13] up I know it's flipped p uh no no that's
good okay uh I I see what Bob is saying
[14:20] to Veterans Park but if you go all the
way up to where the
[14:24] actual uh restaurant is at there's not a
problem and probably the same thing with
[14:34] regard to
Fleming uh St Margaret Mary and I don't
[14:40] know but nonetheless aren't there
other in theory aren't there other
[14:47] establishments in
that group of buildings there on that
[14:52] property that are serving beer and wine
that are clo quite a bit bit in some
[14:59] cases closer to those
uh the schools and things than than this
[15:07] one is yes um if you look at the site
plan here
[15:11] um the Japanese barbecue spot T in
barbecue um actually the Planning
[15:17] Commission approved a beer and wine
license for the suite in in yellow here
[15:22] 1937 last year and that is arguably much
more closer to Veterans Park and the
[15:26] schools um and in addition cavatina uh
kubol excuse me uh the Faux restaurant
[15:35] and the Chinese restaurant at the corner
they all have active beer and wine
[15:38] licenses here in the city thank
[15:48] you yes the applicant is here did he
want to speak
[15:55] on I mean he doesn't have to I
[16:01] chair you could come closer chair are we
open are we opening the public hearing
[16:05] now oh yes I'm sorry we'll now open the
public
[16:17] hearing uh thank you uh thank you for
giving me the opportunity to speak my
[16:24] name is u j Kim you can call me John and
I'm the owner of the Dan
[16:29] kilomet and I'm such an honor for me to
be here and speak in front of you uh we
[16:37] are uh we are selling fried chicken and
uh we are a restaurant serving Korean
[16:44] fried chicken and other popular dishes
and we take pride in in offering a warm
[16:50] and welcoming environment where our
guest can enjoy great food and time with
[16:56] friends and family uh we are apply for
an alcohol license to enhance our
[17:02] customers dining
experience by ping our meals with beage
[17:08] they
enjoy adding alcohol options would allow
[17:13] us to cater to a wider audience and
provide an even better customer
[17:18] experience and contribute more to local
economy we are committed to uh following
[17:26] all regulations to ensure responsible
service and to maintaining the safe and
[17:34] family friendly atmosphere that our
customers
[17:38] love uh thank you for uh considering our
application and uh uh thank you for
[17:46] hearing and uh yes thank you thank
you does anyone have any questions for
[17:59] okay thank
you um Madam clerk did we receive any
[18:04] written Communications on
this we
[18:09] did
um George kibet um sent an email
[18:14] expressing his support for the
approval uh of this item he said a beer
[18:20] and wine license will be complimentary
to the menu items being served and help
[18:24] this business succeed I'm very familiar
with this location and the surrounding
[18:28] area
I don't expect any negative consequences
[18:31] due to this approval he could not be
here tonight due to um a previous
[18:37] commitment thank
you okay with no other communication
[18:43] we'll close the public hearing thank you
very
[18:46] much
um if there's no discussion or
[18:53] questions and I get a motion and a
second to approve the staff's
[18:58] recommendation a motion to
[19:03] approve all right we have a first and
motion all in favor say I I
[19:09] I any
n okay motion
[19:17] passes so scheduled manners
Communications regarding city council
[19:25] actions yes good evening um at the uh
December 17th uh city council meeting
[19:31] the city council held the second reading
for the Adu
[19:34] ordinance and uh decided to adopt the
ordinance at the time at the same uh
[19:40] meeting the council held the first
reading uh for the uh residential um
[19:45] code cleanup as we call it uh this is
after the um the ordinance uh was before
[19:52] the the city council and uh they made
some
[19:55] comments uh to remove all the justed uh
code updates related to parking and so
[20:02] um uh the the uh ordinance that was
presented to them included U those
[20:08] revisions uh the second reading for that
item uh is scheduled for the January
[20:13] 21st meeting uh so that would be for
next week uh at the same meeting uh the
[20:17] city council adopted an urgency
ordinance that would allow uh the code
[20:22] update uh to uh go into effect
immediately um and so um the
[20:29] um the ordinance included items that
were important um such
[20:33] as the um the Flor racial requirements
as well as uh the requirement for lot
[20:40] coverage and so those uh standards have
become effective immediately after the
[20:45] urgency ordinance was adopted and that
concludes uh the
[20:50] update thank
you um any upcoming developments in
[20:57] businesses we need need to be aware of
or that we want to be aware
[21:03] of um I have no updates uh for you at
the moment but I'm here to answer any
[21:09] questions if you have
any okay thank
[21:12] you um staff
announcements planning commissioner
[21:18] items do anybody
have first staff so what's the next big
[21:24] thing that we're looking at for us
[21:30] uh we have a quite a few uh things in
fact we have a long list of code updates
[21:36] that we're working on right
now um we've already started
[21:40] communication uh with um denovo uh who
is doing our phase two of the zoning
[21:48] code update and so that's um probably
going to be the biggest thing and then
[21:53] there's like I said a whole um number of
other code updates that will be
[21:58] processed
uh before uh at the same time and after
[22:02] uh that project because there are some
things uh with
[22:05] emergency so um I think those are some
of the big things uh in terms of
[22:10] projects we've we've had a number of
meetings with uh people that are
[22:15] interested in submitting applications we
just um haven't seen those applications
[22:20] submitted great
thanks do we know when the Sho store's
[22:24] going open they're working on it
um we don't know exactly what they said
[22:32] is that it would be um at the start of
this year so I would imagine it would be
[22:37] soon um but I have made a I have made a
a phone call to them to find out what
[22:43] the starting date because uh it sounds
like they would want to have a grand
[22:47] opening and uh we would want to be part
of that as well so um as soon as I have
[22:52] more information I'll share that with
the
[22:57] group okay
um do we have any idea when that Z that
[23:04] the second phase of that zoning thing is
coming to us so we can kind of be on the
[23:10] lookout for it
or that's going to take a few more
[23:15] months to work on and so um I think the
plan was to bring that to you um
[23:22] probably sometime in May uh
June um that's the hope at least um but
[23:29] it it it's going to include a lot of a
lot of smaller code updates and then
[23:37] like I was saying there's there's a few
other things we're working on we have a
[23:41] a long list of code updates and other
things we want to work on um but yeah
[23:46] that's kind of a rough estimate at this
time so to come to us in pieces so phase
[23:53] two is going to come to you all at once
uh and phase two will likely include all
[23:59] the commercial development
standards um and it would include um
[24:06] some changes to
definitions um concerning um different
[24:11] land uses and phrases in the commercial
development standards and then it will
[24:15] likely include uh some of the um parking
uh Provisions to um match the uses that
[24:24] we have in the permitted use table so I
think that's going to be the bulk of
[24:28] that code update um but there are like I
said a number of other things um that
[24:36] will likely come to you in pieces and
that's because they each will probably
[24:40] warrant their own discussion and uh we
will like to uh bring those to you and
[24:46] and have sort of separate conversation
on each of those other items well you
[24:50] mentioned phase two but phase two is
pretty pretty big
[24:54] piece that's correct and don't you think
it would be better if we could break
[24:58] that down into pieces so we're looking
at pieces like that rather than all a
[25:02] lot of this all at one
[25:05] time um it will be a big piece um but
our expectations is that it won't change
[25:14] much of what we have in our code it
would it would be similar to what we did
[25:19] with the residential standards in that
it clarify a few code
[25:24] updates and uh move some things around
down but didn't quite uh change the
[25:31] development
standards um that much and so that's
[25:36] what the expectation is with the
commercial
[25:40] standards um the things that I think
will change we do expect those to bring
[25:45] those to you
[25:49] separately and just one other thing
when's the deadline for phase two excuse
[25:54] me the deadline for phase two as far as
as having to no deadline in PH we can
[26:00] take as long as we want you can take as
long as you would like uh and we can
[26:04] have multiple meetings on phe to um if
um multiple meetings are required to
[26:10] have a full discussion on that
item okay thank
[26:15] you um is
there anything
[26:21] else one more
thing our favorite subject the bylaws
[26:29] yes so that is that is a an item we've
been talking about and um there has been
[26:37] a lot of research that the city clerk
had to do on that and that research was
[26:42] finalized and that information was
provided to uh the city manager and I um
[26:49] and um just so that I guess the group
understands um we what we're calling
[26:56] bylaws is uh consists of two it's a
two-part question or
[27:03] issue um there's a Planning Commission
bylaws um and that item can come to the
[27:08] Planning Commission at any time and we
can bring that item at the next meeting
[27:12] if you like um however the bylaws um are
for the most part up to date uh they do
[27:18] include the correct uh meeting time and
a lot of what's current um is on that on
[27:26] those bylaw standards maybe I can just
make that uh document available to the
[27:30] commission but um I think what was being
requested was uh a change in the
[27:36] municipal code that currently restricts
the uh Commissioners uh to not miss more
[27:45] than three meetings otherwise uh they
would need um to have their absences
[27:49] excused by the city
council and that's not part of the
[27:53] bylaws those are part of the planning
commission requirements but um there
[27:58] also part of other commission's uh
requirements and so the idea was to have
[28:05] the city council look at that and decide
what they wanted to do and whether they
[28:09] wanted to U make more of a you know um a
comprehensive uh change uh that would
[28:17] affect all the different commissions
that have the same
[28:22] language on that note can I make a
suggestion I mean this is is just my
[28:28] personal opinion but um we all know that
things happen and I know that there's
[28:33] three misses but
to stand to have a commissioner who
[28:40] basically volunteers their time to stand
in front of city council at a city
[28:46] council meeting and have to
justify why he missed or she
[28:54] missed the meeting I think is unfair I
think if if it's if they're going to you
[28:59] know if you're going to have to go in
front of the council I think it should
[29:03] be done not in an open city council
meeting so that you can State publicly
[29:09] why you why it happened I mean I'm not
going to stand up in front of the whole
[29:12] city and say well I'm sorry but my dog
died and I couldn't make it I mean so
[29:18] just that just maybe if they could tweak
that so that you're not publicly
[29:23] humiliated for you know something that
happened in life just my
[29:29] opinion great
point I mean I I that was
[29:35] just okay so we I guess if we have no
other did you have something to
[29:48] say that's what I'm asking does anybody
else have anything else they want to
[29:53] bring up and discuss at this time so I'd
like to make a motion to adjourn in the
[29:57] memory of those people have lost their
lives in the recent fires and to all
[30:01] those who have lost their homes in the
recent fires as
[30:04] well I
agree meeting adjourned
[30:09] until February something it's not
written on there next