Planning Commission - Regular Meeting

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Meeting of 12/17/2025 to order. Please join me in the salute to the platter. Ready? Begin.

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.

Roll call, please.

Yes, sir. Commissioner Huber? Here. Commissioner Brothers?

Here.

Commissioner Vu? Here. Commissioner Ascona?

Here.

Vice chair Lopez? Here. Chair Langer? Here. We have a quorum, sir.

Thank you. Are there any supplemental communications tonight?

Yes, sir. We had a resolution provided to you for the one item on the agenda as well as two correspondence we received from residents in the surrounding area.

Thank you. Zoom participants wishing to address the Planning Commission can indicate through the chat feature which item you would like to speak on and click on the raise hand icon to let the administrator know you wish to speak. Anyone in the audience wishing to speak must fill out and submit a blue speaker card. The planning commission can take no action on this date unless the item is agendized. Anyone wishing to speak on items not on tonight's agenda may do so during public comments.

Speakers on items scheduled for public hearing or non public hearing items will be invited to speak when those items are heard. All public comments are allowed up to three minutes to speak. First, we have our consent calendar, the minutes of the 11/12/2025 planning commission. Can I get a motion to receive and file consent item number one?

Move to approve. I'll second

alright I have a motion from commissioner brothers and a second from commissioner Hewner we voting on the machines tonight or the alright

All in favor?

Yes. Yes. Yes.

Any opposed? Motion passes five zero. Thank

you. On to public hearings. Before we start, I must note that it is customary for commissioners to visit applicant sites. Unless any commissioner has further disclosure statements at this time, it may be stated that no contact was made during the visit with the applicant, his or her agent, or neighbors of the proposed project. So we have commission conditional use permit 1936, Jan Noir restaurant on 17071 Bouchard Street. Petition submitted by Toby Nguyen on behalf of the business owner to open and operate a large format restaurant with the type 47 alcohol license and indoor entertainment live band. And you can read the rest there. I will now open up public hearing. Staff report, please.

Thank you, mister chair and members of the planning commission. Tonight, have a conditional use permit for a large format restaurant with a type 47 ABC license, proposed live indoor entertainment, and with hours closing at 12AM midnight, seven days a week for a new restaurant. Currently, the Fountain Valley Municipal Code requires a CUP for a large format restaurant, which is a restaurant with 51 seats or more. If you recall, the city council heard item, a code amendment last night that was to modify that definition of large format restaurants to 75. The proposal for this restaurant has a 125 interior seats.

So this restaurant going forward with the code amendment that the council heard last night would still require a CUP in the future. Additionally, a CUP is required for the type 47 hard alcohol license and accessory entertainment. The proposed location is at 17071 Bouchard Street. This is at the Southwest Corner Of Bouchard And Warner Avenue in the Bella Paseo shopping center. Building construction was finalized in early twenty twenty five for this building, again, at Southwest Corner, Warner And Bouchard.

The planning commission approved this building in April 2022. Again, construction is just exterior construction is finished up and no tenant has moved in. And this is the shopping center at Warner Bouchard. The other tenants are Sizzler to the North, Del Taco in the Middle, Sunrise Supermarket to the West. A more zoomed in site plan of the new building.

And this is the floor plan. The proposed restaurant will be a full service fine dining restaurant featuring seafood and Vietnamese cuisine. The dining area is approximately 1,800 square feet with a 125 interior seats and 36 seats outside at the outdoor patio that was approved with the building in 2022. It currently has a three and a half foot metal railing separating it from the outside. On the bottom right, the proposed raised stage is approximately 10 feet by 12 feet elevated stage where the proposed entertainment would be.

According to the applicant, the live entertainment would consist of several live musicians with acoustic and electric instruments with two to three amplified speakers playing blow live music. This picture is from Bouchard Street facing West, showing the outdoor patio here. And approximately right here on the inside of the building is where the entertainment would be proposed. There's one exterior door from the interior to the patio, and the main entrance is over here facing Southwest. So the applicant has proposed hours of operation to 12AM midnight for the restaurant and for entertainment that they would offer in the evening hours only from 5PM to 12AM midnight, seven days a week.

So the proposed building or I mean, the existing building is a 185 feet to the property line at 17119 Buttonwood Street. Now we received in your red folder two letters in opposition to the CUP. This was 17119Buttonwood. We received a letter from them. This is 17109 Buttonwood.

We received a letter from them. They also included a photograph from the back of the property facing the building. This is the approximate location of the outdoor patio. One thing I forgot to mention that it it is noted in the description, however, that the entertainment is proposed indoor only, and thus we have a restriction that the entertainment be inside only and not outside nor on the outdoor patio. This view is, again, from 17109 facing the the patio.

This view is facing east. This house is 17119 Buttonwood. This is 17109 Buttonwood. And 17119 Buttonwood, at one time, increased the height of the wall to probably eight feet with similar cinder block. Now this afternoon, based on the letter from 17109 Buttonwood and their photograph facing the patio.

I went out to the patio, took some pictures facing the properties. This is from the middle of the patio area. If you're farther north, you wouldn't see 17109 at all. From the very far south end of the patio, you I'm sorry. You can see the window from 17109.

And then when you go to the front of the building where the entrance to the restaurant would be, you can clearly see 1710 Nine's window from right there. I'd like to mention last year, the Planning Commission approved a CUP for a business named Runum Gardens in the shopping center a little bit farther to the west at 9430 Warner. And the CUP approved live entertainment that was restrict restricted from some interesting hours, 12:30 to 03:30, Saturdays and Sundays, and 07:30 to 10:30 Fridays and Saturdays. So no time past 10:30PM anytime, but only on Fridays and Saturdays would be the latest for the Rudham Gardens in the shopping center. In that CUP, a condition was created to allow the applicant of Rudham Gardens to come back to the Planning Commission one year later and ask for entertainment up to 11PM Friday and Saturday and 9PM during the week, again, after one year should they have no, complaints.

And the planning commission approved that. They have that ability to

come They can come back to the planning commission or they can come back to the community development director?

Oh, I'm sorry. The community development director. Thanks. So I'm not going to go through all these. However, we have included our standard conditions of approval for alcohol for this conditional use permit, which is regulations on the operator and the employees and certain training protocols that they have to go through.

Staff is recommending closing time at 10PM, seven days a week with a similar option as the other CUP, Runham Gardens, to return I'm sorry, not to return to the Planning Commission, but to be reviewed in one year's time to review a closing time at eleven p. M. For the entertainment as well for the restaurant subject to the community development director. So, again, an option within one year to review their operating their operations to close an additional one hour later at 11PM. So with conditions of approval, that staff is included with regarding alcohol, regarding the entertainment being limited to indoors only, not on the outdoor patio, and the proposed hours staff's proposed closing hours of 10PM seven days a week.

Staff supports this request as modified. And I can answer any questions and the applicant is here as well.

Thank you. Do we have any questions for staff?

Quick question. Did the room name last time you got the CEP for them have any compliance was made by a resident about the noise?

No. And I think it's also been too soon since they were recently approved, but no. No complaints.

Okay.

Any other questions for staff?

Yeah, do have another question. So I recall a couple months ago we had a similar CUP for another business that wanted to extend their hours for their nightly entertainment And we kind of made a similar decision where we said, okay, we'll do this on a provisional basis. And if there are complaints, then, you know, we can revisit this. To your knowledge, has there been any complaints against that business, which I believe is a dance studio off of Harbor Boulevard.

So

that was one that actually had been approved prior. Originally we did receive some noise complaints. I had the ability as a director to extend the hours administratively but when they request it because of the issues that they had, we had one or two complaints. We brought it before the planning commission instead of the director making the determination. And since the subsequent approval of the extended hours, we have not received any complaints regarding noise.

Thank you.

So I understand that there is a freeway. It's in that triangle of two busy streets and the freeway. But just out of curiosity, was there sound study done on you know, in that area for decibels?

Or Through the general plan update, the arterials were analyzed for noise, and the average noise for Bouchard Street from Slater to Warner with existing traffic and at a distance of 70 or a distance of 50 feet, The average noise level was about 72.9 decibels. So our restriction for noise measured at the residential property line during the day is 55 decibels, 50 at night, and then has allowances for increases, but the existing noise in the area is already much higher being next to Bouchard Street and the freeway, so it was measured even higher than what would be the maximum allowed under the noise ordinance.

The war along Bucha Street, is that going to be is only a block wall, right? Not the noise barrier wall.

Most likely correct. It's a owner's tracked wall made of cinder block, not probably not engineered sound wall or anything.

Another question is based on last couple of location that we've been approved through last cap to the venue last cap, the harbor that commissioner Hoeppner and the Vietnam. Do you do we have any average decibel when they when they have the entertainment with the music on? Do we have any idea how much of that's going to be?

We haven't had any noise studies done for this project and the other two projects. I don't know if noise studies were done, I believe, for those specific projects.

All right. Thanks.

I have some comments, but I'll wait and see if there's public comments.

Staff? Any other questions

Great. Is the applicant present? Yes. Would you like to speak? If you could introduce yourself, state your name for the record, please. I'm sorry? If you could introduce yourself to us and state your name. Oh,

sure. Thank you. Hello, members of the commission. My name is Toby Nguyen. I am the applicant and the designer on Genor, and I'd be happy to answer any questions you may have.

Yeah. I have a question. So the permit says that you can have live entertainment seven days a week. Do you plan on having live entertainment seven days a week?

No, most likely not. The main element is a fine dining restaurant. They just want that secondary element to propose maybe, I would say, more instrumentals, pianos, some live vocalists. But it's not going to be a nightclub or anything of that sort of, I think if that's people are thinking or the community thinks.

And so would it be reasonable to assume that most of the entertainment would be happening on weekends and that it would be much quieter during the weeknights?

Yes, that's the correct assumption.

Thank you.

Is that going to be a singer on the state or mostly going to be acoustic music?

There may be singers.

Do you have any plans to do anything on the interior of the building in the portion, like, that corner where it looks like the stage is gonna be to do any kind of sound deadening or anything like that?

Yeah. I think that could be an option. Some sound mitigation. Matt brought up the point earlier, maybe propose sound curtains.

But So that's something you'd be open to?

I think it's kind of an eyesore, but if I think if it it needs it, or I think maybe we can add as a condition if there are future complaints, we can go back and amend the the conditions of approval to add the sound curtains.

Yeah. Sound deadening around the stage might offer some reduced levels inside the restaurant. But every time that outdoor door opens and closes, that's eliminated. Sure. And I'm guessing it would be open and closed a lot if people are dining outside.

Possibly. That outdoor portion was approved with the original building. It's kind of an added bonus. We proposed seating out there. It's not likely that we'll be using the outdoor seating much. As Matt previously mentioned too, the entertainment will be restricted indoors, so there won't be any speakers. Yep.

And does the outdoor dining comply with the no smoking rules?

Yes.

So it's the right distance from a a door? Correct. Okay.

Any other questions for the applicant? Thank you. Sure. Thank you. Do we have any members of the public wishing to speak on this item?

I have one request to speak from Paul Winn.

Yeah.

If there are any other members of the audience that would like to speak, please fill out a blue card and I'll call you.

Good evening, Chair and Commissioners. My name is Paul Nguyen. I live at 17146 Oak Street. I believe it's a residential neighborhood located across the 4 Or 5 Freeway from the proposed restaurant. I respectfully oppose the approving late night music and amplify sound until midnight.

Even with indoor entertainment, the sound travel at night, especially low frequency bus and freeway noise already impact our area. Adding live music until midnight would significantly affect residents' sleep, the pace, and quality of life. I believe about a couple years ago, there was one restaurant with a very with something like that one caused a lot of trouble to the resident in that area. Because during the evening, I hear all the time the music from them, the South Vietnamese, the South Vietnam song there. And so especially sometime until very late, until 11:00 or 12:00 at night.

And so that's why, although I support the local business and welcome restaurant, but I ask the commission to pay attention on the quality and the pace of the people around that one. By limiting the music and sound to only the earlier evening hours, consistent with other nearby establishment and staff recommendation. Please consider approving the restaurant without the late night live entertainment or strictly limiting music hour with strong enforcement and no future automatic retention. And thank you for your time and consideration.

We have Vince Tucker next.

Go ahead and step right up. That was quick. You have three minutes.

Thank you. Good evening. Thank you. Wasn't really prepared to speak, so I'll try to keep it short and sweet. Toby, welcome to the neighborhood, I hope. Yes, Yep. I live at 17145 across the street. Quick question. On the restaurant that does play the music now, do they do that inside only or are they on the patio?

On the patio.

It is on the patio. Okay. Be perfectly honest with you, Saturday, Sunday afternoons, I hear it. I hear music, but I don't hear the vocals. I can I can hear somebody singing? I couldn't tell you what they're singing. Sounds like it's in Vietnamese, but I could be wrong. But it's not a bad thing. It's it's enjoyable. You know?

I can still converse with my with my family. I can still have a good time in my backyard grilling, chitchatting, and I don't know. It's kind of a live and let live. Sounds like he's gonna be inside. He's gonna do everything he can to make a living for himself and and to provide the people of Fountain Valley with a, in my opinion, much needed place to go chill. So for what it's worth, I say go for it, and thank you.

Thanks.

Do we have any other requests to speak?

No, sir. Anything on Zoom, Lisa? No. Nothing on Zoom.

Alright. With that, I will now close the public hearing. Any comments, discussion from commissioners?

Yeah. Can we get confirmation from staff? Can you pull up the slide again that kind of has the details that goes over some of the provisional conditions for the entertainment, which I believe said that, yeah, restricted to the hours of 10PM. And so hopefully that'll address the concerns of folks that are worried that this is going to go into the late night hours. I want there to be a clear understanding that it's going as written until ten p.

M, which I believe for this type of business seems reasonable and hopefully that strikes a balance between meeting the needs of the residents and for peace and quiet at night and also allows the applicant to run his business to the best of his abilities. And then again, the applicant did confirm that although the permit as written does say that entertainment could be seven days a week, that is unlikely. And so given those facts, I just want to be clear that, you know, as written, if we do approve this, we're trying to find that balance between the operation of the live entertainment and making sure that we're respecting the needs of the residents who could be affected as well.

Thank you.

Any other comments from commissioners? Or do we have a sorry, was there a question there? You're gonna say something.

I'm sorry. I just would like to add one last thing and reiterate what you had said, Rudy. We're also placing a condition that the last service for alcohol be at 09:30. So that'd be a half an hour prior to the closing time to have guests, you know, wrap up and finish their drinks.

Other comments?

I have one concern, the noise, yes, we experienced during we stayed at the Planning Commissioner, there's few other applicant come to us about the entertainment. I think at least a few of them last time. So far, I don't really have that much concern for those last three menu that that come to us. And I'm not sure about this one either too because last time we approved the Rune Am and as far as I arrived by when the Rune Nam they do performing thing and the sound is very hard for me to realize to hear anything. Same thing with last time, I remember when we were venue approved and the loss cap, people complained about there's a high noise at that time for pickleball event.

But regular, we go over there and we didn't rely much of the the impact of the noise. But I appreciate that we we put the condition here. So if there is there is a complaint from the from our resident, then we have some some way to mitigate them. Just same with the other condition that we put for the other venue. The the one that bother my head is the parking in that plaza.

We recently, that plaza, we have a few coffee shop that a bakery, and they're gonna be a new sandwich shop that'll be open next to the market. The only thing I don't know is because on the coffee shop, you tend to see you stay in the coffee shop a little bit longer than normal. And then yeah. I'm not sure the parking have a capability to handle all of the visitor to the site during the the the hour. Have we do any study for parking capacity or any

So when the the building was approved by the Planning Commission in 2022, we analyzed the parking. The site requires 262 parking spaces, I believe, and 290 plus are provided. So there's a surplus of parking based on our calculations. And, yes, there has been an increase of restaurants. Over time, the city has reduced its parking requirements for smaller restaurants.

However, that sandwich shop you're referring to next to the supermarket, that used to be a gym that went out of business, and now it's being taken over by this restaurant. So gyms previously were considered high impact parking uses, and so that was that previous use in that space. I've been out to the facility several times our facility the shopping center several times various times. Always seen that there's there's activity, but there's always parking to be found. The hours Gen Noir's restaurant proposed tonight would be more of a dining restaurant with evening hours.

And I think the shopping center has a good mix of tenants where their hours offset each other. The supermarket would be most likely daytime hours in some of the coffee shops. Mills Diner closes at one or 2PM on various days, so they're open for breakfast and, you know, a light lunch, and that's it. And there's some pharmacy and some nail shop as well and a realtor that would have daytime hours as well. So I think there's a good mix of tenants and their hours that the shopping center can handle this restaurant. And again, we looked at that when this building was proposed originally because we have to look at what that building could be parked at. So that was thought of in 2022.

Thank you very much.

Yeah.

I remember approving that back in 2022. And my main concern in the beginning was the fact that it was gonna be open 12:00, but 12PM. But with the new condition from eight to ten, it makes it more tolerable. I think this is more reasonable as long as we keep it the same as we do with the other restaurant, the conditions with the stipulation that if there are complaints, then we can go in and do something about it, and they can come back a year later. So I think as this is right now, I would like to make a motion to approve it.

Yeah. Awaiting a second, do we have any other comments?

Yeah. Have a question. Yeah. Is there a sound level restriction on entertainment?

The noise ordinance measures sound at residential property lines, and that's where I think we would look for a violation to occur, and that's where we would point to a standard in the zoning or the municipal code that's it gives the standard that says measured at the residential property line. It doesn't give a noise standard measured at the business per se. Okay.

Just to add what Matt was saying, there's a condition. I believe it's number 32, which is more restrictive, which says that you shouldn't hear the music outside the building, which is difficult to do. There is a concern when that door opens. I think that's the main. If there's a likelihood of the of the sound leaking out, that's from that door opening and closing to the patio. And so we'll have to keep an eye on that. And maybe there's restrictions on the patio usage when the live entertainment is playing in the future, if that becomes an issue. I think that's the area where we may see the leakage of any sound during the operations.

So well, I have a quick site. I see we have the the condition here that if we have substantiated noise complaints that you or the community development director can impose additional conditions like sound attenuation measures and whatnot. You also mentioned that other condition that we shouldn't be able to hear sound basically at all outside. Are you comfortable that the conditions as written in the resolution and and the special conditions give you enough to be able to manage that? I I mean, think we have the basic pieces there, but do you have what you need to be able to force this if it becomes a issue even if we're not getting, like, a police report that says that?

Yes, sir. So what normally happens is we'll if there's an issue, as happened in one of the instances we discussed, residents will reach out to co enforcement. They'll make a complaint. Co enforcement will talk to planning and myself, and we'll discuss it. We'll informally reach out to the applicant and let them know the complaint, and we'll work through changes that they can make to reduce the the noise levels if if there's any issues.

Ultimately, what our our you know, we our stick, if you for lack of a better word is, we could revoke the permit. And so the applicants always try to work with us and resolve the issue because we don't want to bring it back for the before the planning commission to revoke the live entertainment in total. And so they'll they'll work with us to make modifications so that the neighbors aren't negatively impacted.

I think the the noise the noise that's I think is we always debate that item back and forward for last few several permits that we we will sue. And I remember that there has been we we don't have the problem so far. We say 55 is ambient. Looking here, 60 is a little bit noise, a little bit fuzzy. But this one is based on the the measure from the bushel. It's like 72 decibel. It's very loud from the freeway already. So I I expect that's why I I think noise maybe not not that bad at at even compared to the other location.

And as as one of our residents said very eloquently, you know, some of it's subjective too. So, you know, one resident hears something and and they're comfortable with it and there's no noise complaint. And another resident may hear it and not appreciate it and and submit that noise complaint. And so it could be, you know, in the in the eyes eyes of the beholder as well in terms of do they wanna know are they irritated or frustrated with the noise and they submit a complaint, or are they comfortable with whatever sound they're hearing?

So for my part, I'll I'll just add a you know, I think we look at what's a reasonable use of the land. We already permitted this building, so they could do something there. I think with the conditions shortening those those hours, the restrictions on the alcohol, the ability of the community development director to do further enforcement if there issue if there's issues. That's what makes me comfortable. But, I mean, it's also really that's a really important part of it because on all of these things and also just throughout the community, this the city's actions, the staff's actions actually enforce this stuff is what makes it not go out of control even if it's a place where it never came to the planning commission because it's some other kind of permit or something old or whatever other kind of thing.

So I think what we've been circling around in some of these questions is I think the city has done a good job of making sure these places haven't been a problem, and I trust that if we approve with these conditions that that will be the case again. So do we have a second to our motion from vice chair Lopez?

I'll second.

Alright. So, motion from vice chair Lopez. A second from commissioner Humor and we vote. All in favor? Yes. Yes.

I. Any

opposed? Motion passes five zero.

Thank you. Alright. We have looks like no new business, no unfinished business. Do we have any public comment on any nonagendized items?

I have no request to speak, sir.

Do we have any comments from staff?

I'd just like to wish everybody happy holidays. This is our last meeting of the year. I'd like to thank the planning commissioners for a very fruitful year. A lot of large projects came before us. Spent a lot of time, you know, delving into these larger residential projects. We'll have a few projects coming before you probably February, March of next year as well. But just thank you for your service to the community and for working with staff. Thank you.

Thank you very much. Any comments from commissioners?

Are there dates for commission interviews yet?

Not that I'm aware of. The deadline is tomorrow. So I'll let the public know that our, commissions are open. If you'd like to submit an application to be on a commission, the deadline is tomorrow. And then there'll be interviews with the city council. And I don't know the date for selection at this

point. Okay. Thank you.

Great. Well okay.

Speaking of reinstating, obviously this is my last term and I will not be submitting an application to run for commissioner again. So after five years of service, it is I'm it's coming to an end. And Omar, you almost had me. You almost had me today when you were talking to me about it. But, yeah, I I've enjoyed being a part of this commission.

The main reason why I got into it was because I wanted to help with rezoning in the arena, and I did that. And every decision I've made as a commissioner, I stand by it. And I've worked and got to meet some great people. Omar, when you came in, I was nervous. Brian James was the guy And wow, you came in and you did a great job. Matt, you guys, the staff is excellent. We always are informed. And not to say I won't ever might try to come back, but I've got other things in the works. And I've enjoyed my time here the last five years as commissioner, so just to let you know. So Merry Christmas, happy holidays, and all that good stuff.

And thanks for giving me the opportunity to serve with you guys.

Well, I'll say thank you, and I'm glad this isn't your last meeting. We'll have a couple more with you before we before we turn over next year. So we'll we'll do a long goodbye, but also there is one more day. So if you change your mind, you can still

I got the phone call from Omar asking me to to submit. But, yeah, I it's I think I think it might be time. I I am a board of director for my union. I'm also part of the legislation committee for my union, so I do a lot of work in that avenue. So I go to Sacramento back and forth, and it's just you know, it's a lot of it's time consuming. So I've gotta pick the lesser of the two evils or what I enjoy most. And my passion has always been labor, you know, the labor workforce. And so I will continue to fight the fight there. So

We thank you for that. That was an important fight. Thanks.

Well, thank you, vice chair Lopez. I'll just add, thank you to staff for everything this year. We just when we get all the materials, like, we got 2,000 page packets for a couple housing developments, we we just get to read it. They have to spend months and years preparing this stuff, and they get us really well prepared. And so I really appreciate that. So thank you to staff who makes the city run. Happy holidays. Happy New Year and see you next year including you. And with that I will adjourn to the

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