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[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

January 13, 2025 Planning Commission Meeting

Transcript