Planning Commission - Regular Meeting

Time is now 7:31. Um, and the  meeting is now called to order.   Please stand and follow. Commissioner Austin. To the flag of the stands, one nation under  God, indivisible, liberty and justice for all. Roll call, please. Yes. Commissioners Janisk  and Vashani are excused. Commissioner Austin,   here. Rose, here. Sheffller, here. Stahhira,  here. Chair Brown here. So, the next item on   the agenda is approval of the minutes from  the regular meeting on August the Oh gosh,   when was the last Oh, we have no meet no mean no  minutes today. Okay. Yeah. Staff will be bringing   those forward to the next meeting. Okay. Uh at  this time, citizens who wish to discuss any items   not on the agenda may speak to the commission. As  a reminder, um the commission may not discuss or   vote on items not on the agenda, but we can  take this information and use it to inform   uh future deliberations or requests to  city staff. So, does anyone wish to speak? Okay. So, we don't have any speakers. So,  the public input portion of the meeting   is now closed. So, now we're  moving on to public hearings.   Uh the first item is public hearing item  one conditional use permit CUP 2025-   00007. It's 448 West Foothill Boulevard. The  applicant is Rigo's Fiesta Mexican Restaurant. Thank you, chair. Um this public hearing was  opened at the last planning commission meeting  

on August 13th and continued to this meeting. At  this time, the applicant is requesting more time   to revise the floor plan. And staff recommends  that the commission continue this public hearing   to the next planning commission meeting on October  15th. And at this time, it would be appropriate to   see if there are any members of the audience  who wish to comment on this item. Okay. So,   do we have any uh members of the public who'd  like to speak? No. So we're do we close?   No. So we do not close the public hearing.  I'll move to continue to the October 15th,   2025 meeting. Second it. Roll call.  Commissioner Austin. Yes. Rose. Yes.   Sheffller. Yes. Ster. Yes. Chair Brown.  Yes. Okay. Okay. So, now we're moving on to   uh public hearing item number two, which is  a co conditional use permit, CUP 2025-00008 uh in connection with 409 South Myrtle Avenue  for Senna on Myrtle. Um the applicant is Senna   on Myrtle, Joseph Kay, I'm sorry, C A E L L  O. I don't want to mispronounce the name. Um,   can we please have the staff report for this item,  please? Yes. Thank you, chair, and good evening,   commissioners. Tonight, before you, we have a  conditional use permit to allow live entertainment   both indoors and outdoors in existing restaurants  and on Myrtle at 409 South Myrtle Avenue. And the   applicant is Joseph Kyello. So, the subject site  is located on the 400 block of South Myrtle Avenue   on the west side of the street between West Lemon,  I'm sorry, West Lime Avenue and West Lemon Avenue  

and is located in the HCD historic commercial  downtown zone. And as a bit of background for   this subject site, um it was formerly occupied  by Sierra Cup. It was a kind of a quick service   uh coffee shop restaurant and they received  an outdoor live entertainment cup in 2008   um to provide small performances on a stage  in the rear patio dining area and that was   into the evening hours until 11:00 p.m. nightly.  Forward to 2010, Senna, the subject applicant,   um took over the business and that same year  applied for a type 47 ABC license. This is a   full liquor for both beer, wine, and distilled  spirits. However, as part of that cup approval,   a condition of approval, specifically condition  number five of that CUP, was included that   indicated that all previous cup approvals were  null and void, thus eliminating that previous   live entertainment. Um, however, the applicant  was under the assumption that the previous live   entertainment cup was in place and that they  had been operating live entertainment since um,   that time. Upon recent review and confirmation  by staff, it was confirmed that that previous   cup was not active and the applicant is now  requesting a new cup to reactivate that live   entertainment more as an administrative cleanup  item, which is why it's before you here tonight. As the commission may know, uh, specifically  Monrovia Municipal Code section 17.44055   requires applicants that are proposing live  entertainment to obtain a conditional use   permit. And the C process would allow the city  to place conditions on entertainment activities   to prevent potential impacts related to noise,  crowding, or extended hours of operation that   could become incompatible with nearby uses.  And the planning commission has authority to   review and approve the CUP subject to the  findings of approval. as you see there,  

mostly again related to noise and and public  disturbance. Um, and to make sure that it's not   going to create adverse impacts to the surrounding  area, which is why it's before you here tonight. So, Senate on Myrtle, again, 409 South Myrtle  Avenue, um, it is a very unique location. It's   actually one of the few locations within the  downtown area that has a rear outdoor patio   for dining. The subject's fight features  both an indoor and outdoor dining area.   The rear patio is semi-encclosed with no roof.  Um although this area is classified as outdoor   seating, the rear patio is located at the  back of the building and is fully enclosed   on all sides except for above, which does  distinguish it from typical front-facing   sidewalk dining areas found along Myrtle  Avenue. It should also be noted that the   majority of the business's um usable floor area  is within this rear patio dining area as well.   Now, their current hours of operation um for  the business is 6:00 a.m. to 2:00 a.m. daily,   and their outdoor alcohol service hours  are currently Sunday through Thursday   from 6:00 to 11:00 p.m. and Friday and  Saturday from 6:00 a.m. to 12:00 midnight. So, the subject applicant is requesting  live entertainment um at the location,   both again indoors and outdoors. It would feature  either a solo DJ or a small band typically of one   to to three performers. Um they would be maxed at  two performances per day. Now this would be again   either indoor or outdoor but not simultaneously  or at the same time. Um a typical DJ setup would   most likely include a turntable computer and  some small speakers. Um if a small band is   performing they may bring musical instruments,  a small amplifier and one or two microphones.   It should be noted that the proposed entertainment  request um is to provide incidental ambiance music  

to a patron. This is not a rock and roll concert.  Um they have no intention of doing so. Um,   you know, they hoping to have, uh, which I'll get  to in just a second, but the hours of operation,   uh, to have like a brunch kind of ambiance  background music, maybe with a DJ playing some,   you know, mixing a few tracks here and there for  lunches and things like that, and then at night,   maybe with a little live crowd, you know, in  the evening hours, um, the proposed rear outdoor   patio, so this is the out the back uh, patio  section, um, are proposed from 10:00 a.m. to 11:00   p.m. daily. The proposed indoor live entertainment  hours would be Monday through Thursday from 10:00   a.m. to 11:00 p.m. Fridays through Sundays  and certain holidays which I've listed in my   staff report between 10:00 a.m. and 1:30 a.m. with  again full closure of the restaurant at 2 a.m. as   they're allowed. Now, staff did compare previous  CUP approvals that were approved by the planning   commission um of other locations in downtown that  have live entertainment. Just to highlight a few,   um, London's was approved in 2010, which allows it  to go indoors until midnight. Um, Salad Beastro,   which became 1776 and is now the state. Um,  they were approved in 2016. They were allowed   indoor live entertainment until 2 a.m. The Poor  House, um, no longer in in um, service, but they   were approved in 2016 until 1:00 a.m. for indoor  entertainment. And then Night Cap was approved uh   2023 until midnight. And then most recently, the  Crimson, which has not yet opened, that's more   of like a jazz club. Um they were approved by the  commission until midnight. And this was just last   year in 2024 to kind of give a comparison of ours  that have been previously approved. Excuse me.   As for the proposed floor plan, um,  as shown on on the right hand side,  

we have South Myrtle Avenue and their front  entrance, the existing restaurant has a total   of 82 seats. That's 40 indoor and 42 outdoor  as shown in the plan. The indoor performance   area would be located right off to the right hand  side as soon as you walk in um the business. And   it would utilize a 5 foot x 5 foot area. This  is 25 square feet where again typically they   use a DJ or the option for a small band would  perform. The outdoor area is as you walk along   um through this kind of hallway past the back of  house kitchen and restrooms. Once you hit that   outdoor patio with the door here, it would be  also to the right hand side right as you walk   out. Um again, it should be noted no permanent  stage is proposed. It should just be on the   ground. Um and we do have conditions of approval  um which will come up here in a second. Um that   would be limiting to the performances to this  particular areas at this particular size. Um as   well as limiting the hours as they have proposed  them and most importantly that all of the doors   and windows be closed at all times during all  performances whether it's indoors or outdoors. So this is just showing those two performance  areas on as we look on the slide on the lefth   hand side as you walk in the business  um you can see the bar seating here uh   the indoor performance area would be located  right here. Whereas if you go on the outdoor   again you walk down the hallway here's the  door to between the inside and outside you   look right and where exactly where this  table is which would obviously be moved   that is where the small performance area  for the outdoor portion would be located. So staff has recommended a number of conditions  of approval. Um and we've broken down into a   couple of different areas for you specifically  first starting off with noise control. Um so   limiting the hours of entertainment are would be  limited as follows per the staff report. So again,  

the outdoor portion at the back of the building  for live entertainment would be limited to 11 pm   daily between 10 am and 11 pm. The indoor portion  um would be weekdays, which is typically Monday   through Thursday from 10:00 a.m. to 11:00 p.m. And  then Fridays through Sundays and again the select   holidays that they have requested from 10:00 a.m.  to 1:30 a.m. with again their full closure by two.   We are limiting the maximum of two performances  per day with no a maximum of three performers.   Um that the live entertainment should not be  audible outside the boundaries of the building   and operate in alignment with all of the municipal  code requirements regarding noise and vibration.   And again um the doors and windows would need  to be remain closed at all times during any   live entertainment again whether it's indoors or  outdoors. We've also limited the terms of location   and the frequency. So again, no change in the  proposed floor plan. Any proposed expansion   would require an amendment to the cup. Um live  entertainment would be limited to the 5x5 square   foot area as indicated on the proposed floor plan.  Now the DRC does have review authority to modify   these hours. Um and they could also bring it  back to or kick it up to planning commission   um if they so choose. With regards to public  safety measures, um this has been consistent with   most of our entertainment proposals. There would  be no dancing is permitted, no standing room only,   no use of pyrochnics, smoke machines or anything  in the light, things that could cause fire. Um,   exterior does have to remain well lit and promote  visibility and security. So staff would review any   sort of window coverings or anything if that were  proposed at a later date. Um, we've also added a   few um standard conditions of approval. So this uh  like most cups, we have 180 days to have it come   back for review. Also, if there is any issues, um  you can always come back before either the DRC or  

the planning commission if any issues arise  regarding noise, complaints, what have you. So, this did go to DRC um originally in August  of 2025 as an advisory view. They did make a   recommendation to planning commission. Now  it should be noted that the request initially   was limited to indoor live entertainment um which  they reviewed. Um some of the discussion from DRC   mostly related to ADA compliance and clearances  which they wouldn't be required to meet. So you   know anywhere in front of the performance areas  would have to remain clear in case of emergencies   or for ADA persons. um comparisons again other  businesses which I have uh pointed out that   there there's been a range of approvals from the  commission ranging between 1000 p.m. at night up   to 2 am depending on the business in question.  Um and that confirmation that the kitchen would   remain open during all live entertainment hours  which it would. Now, following the DRC meeting,   um applicants second representative, I  believe Nikki is within the audience tonight,   but Ashan Spencer, who's also a representative of  the project, contacted city staff to request that   a live entertainment option be expanded to allow  for occasional outdoor use on the rear patio,   which is what I brought before you tonight.  Um, we did evaluate that request and revise   the proposed conditions to allow again  indoor or outdoor, but not simultaneously,   and that we limited the hours of the patio um to  what has been previously approved in the past,   specifically at this location up to 11 p.m. for  the outdoor portion only. Following to tonight's   um planning commission meeting, um we did  send a public notice, a public postcard,   a postcard was mailed within a 300 foot radius  and a newspaper notice. Um we did receive two   public comments from residences. Um one of  them was not necessarily opposed. However,  

they did indicate that the sound should  be managed. Um they previously experienced   some disruptive music from other restaurants  along Myrtle. Um it was also mentioned that   um back in COVID days when everyone was dining  outside, it was much louder at that time. Now   um another one um had concerns specifically again  regarding late night entertainment until 1:30 on   weekends and additional concerns about drinking  and driving, failure to stop at stop signs,   and fighting within nearby city public parking  lots. Um I did personally contact both of those   residences. Um I once I kind of explained that we  would be limiting the outdoor hours, they seemed   uh more amunable to it. Just want to make sure  that it is looked at closely and monitored to make   sure that issues don't arise or cause excessive  noise issues. And again with the conditions   in place, staff feels that um would recommend  approval um along with the DRC's um recommendation   to approve it with the conditions as listed. Um  that does conclude my staff report. I am happy to   answer any questions and Nikki the representative  is also here if you have any questions. Thank you.   Thank you. Do we have any clarifying questions  from commissioners regarding the staff report? I have a question about um on data sheet one  number nine. I'm just a little confused. It says   no uh cover charge to enter the restaurant shall  be permitted. This condition does not preclude   the applicant from charging an entertainment fee.  Isn't an entertainment fee a cover charge? So to   clarify, this is similar to what was um approved  for the Crimson. I and I understood that and   that's a little bit different. I think I think  we're playing it more as a standard condition  

so that you you can't charge to just enter  the building and sit down and have a meal.   um you know just kind of only showing up for live  entertainment sort of thing. Uh now that doesn't   eliminate the ownership from charging another  fee on that bill if you're there during live   entertainment. Um then I don't think that that's  a restaurant then. I think that that's more like   a crimson. I I I don't think that that's fair  to people coming into the restaurant. I can't I   can't plug my ears and not hear the entertainment  so that I don't get charged the fee. I mean, that   needs to be made very clear to people coming in.  And personally, I think it's going to hurt them. So, I I would defer to Yeah, I would  defer to the applicant. I don't think   it's their intent to charge any fee.  Um, we've we've added that conditional   approval as more maybe that needs to be  addressed to the applicant then. Okay.   I was just wanting clarification from you,  but when the applicant comes up. Thank you. Go. Thank you, Austin. That was a good report.  Bear with me here. Couple clarifications. Um,   on the hours of operation, are patrons in the  building for 20 hours because it's from 6 am to   2 am. They're open to serving food or did I under  do I misunderstand that there's people in the   building preparing? Where are the patrons in there  at 6:00 a.m.? So, they're those are the approved   hours that they have that has been approved. So,  they could open at 6:00 a.m. I don't believe they   currently open. I think most of the days they  open around 10 or 11:00 depending on the day,   but they have the opportunity to open  at 6:00 a.m. if they wanted to open for   a breakfast or That's a general statement.  They're not necessarily open for that. So,  

how is how is the policing or controlling knowing  there's only two and there's not at simultaneously   going on? How how is that handled? And a  follow-up would be, so if there is a complaint,   Joe public complains, how does it get to  you? So, so somebody calls up and I assume   they talk to the police department and does the  city have a mechanism in place to handle that   where you guys get the feedback from the police  department and we went over a couple times to X.   So to answer the first part of your question,  um, and correct me if I'm wrong, that the the the or the police department. Uh, so depending on the  time at which the complaint is received. So if if   staff is not in you know during city hours  during normal business hours during normal   business hours I mean they can always call the  planning department if there is an issue um or and   more importantly more than likely would be code  enforcement. Um similarly I mean code enforcement   does do sweeps um at times to ensure people are  meeting their code the conditions of approval.   Um in addition to uh again one one of two of the  conditions of approval is this does go back for   review within 180 days would be 6 months from the  use commencing to see and make sure that they're   operating appropriately and if we have received  any complaints which we would again verify with   um PD and they're also subject to review and  approval yearly on their alcohol license in   which case if live entertainment is also part of  that we typically include that as well as part  

of the review. So there's, if I understand it,  there there is a mechanism in place that somehow   gets to code enforcement if it's on after  hours or weekends. Um, another question,   holidays. What's considered a holiday and what  isn't? So the applicant has requested certain   days may not necessarily be a quote unquote  holiday. So July 4th is a holiday. However,   they've requested July 3rd because a lot of the  times people extend that kind of holiday. Um,   similar to Christmas Eve and Christmas Day.  Um, Thanksgiving, which Thanksgiving Eve   isn't necessarily a thing, but Black Friday  is. So, um, I think they've requested kind   of the leading into a holiday as part  of their request for as a holiday. So,   it's addition to what we would consider a holiday.  Those are additional days, but that's not spelled   out in the in the they're listing the conditions  of approval in in the staff report for saving of   space on the on the condition number four. Yeah.  Okay. Okay. I apologize. I probably read it,   but that was seemed like an add-on there  that I missed. Um Okay. Well, thank you, Austin. If I understood you, you said they  were operating with music thinking that the   old CU was was current for them. Well, until  we made them aware semi-reently. Yes. Okay. So,   the only question I would have did they ever have  complaints from neighbors? I I've complaints from   people that live behind Senna. Um, there have  been I've checked with PD. There have not been any   complaints this calendar year. How long ago did  they operate with music? I would say since 2010.

Okay. Thank you. Uh just a clarification on  um so outdoor entertainment is approved but   only for the back patio area. There would  be no outdoor use of say the area right in   front of the restaurant on the sidewalk. So,  they're already pre-approved or have already   been approved for outdoor dining out there,  but but no outdoor entertainment in that   area. Only in the back patio. Great. Thank you.  Oh, sorry. I I have one more clarification. So,   um I think the way that the noise uh controls  work, I believe you said it earlier, is um the   entertainment shouldn't be audible beyond the  property lines. Um is that really possible given   the configuration of this back patio? I mean,  it's open to the to the It is open to the sky. It   is open to the sky. um they they are still going  to have to be within the noise ordinance limits   um per the decibb as indicated in the municipal  code. I think that's that is why we have limited   to 11 p.m. which is what was has been previously  approved in the past for this location. Um so   it is not really changing what was previously  approved but limiting the hours so that it's not   super late at night and and disturbing residences  within you know uh within a certain amount of   feet. I think the closest residence would be  off of Lemon within just about 300 feet away. Any more clarification questions?  Oh, and just um uh one more. Um you   mentioned London was approved until uh what  hour? I just missed that one. One moment.

Till midnight. Great. Thanks. I apologize Austin  outdoor music we talked about indoor music at   all those locations correct all those four  mentioned is there any precedent for outdoor   music in the time could clarify are you asking  if there's current outdoor music you you in your   presentation which I thought was was concise  but you talked about indoor music on all the   other options we didn't talk about outdoor  music or did I miss that because there's is   are an example like restaurant X goes  to 2 a.m. So the subject property 409   before it became Senna was approved for  outdoor music in the same patio area on   a permanent stage till 11:00 p.m. every  day of the week. Okay, great. Thank you. Any more clarification questions? No. Okay. So  now we're going to move on to the public testimony   portion. So this is the time and place for public  input regarding um public hearing item number two.   So we will accept testimony in the following  order from the applicant, persons in favor,   persons with concerns. Um and then the applicant  will have a chance to respond if necessary. So I   believe the applicant is here. So please um come  to the podium, state your name for the record. Hi,   I'm Nikki Kyello. I'm Joe's daughter and I'm the  general manager of Senna for the last 10 years.   Um, I have some notes from some of the questions  that you brought up. Um, as far as opening early,   I know that our our conditions allow 6:00 a.m.  The last time that we opened that early was for   the World Cup. We opened at 7 a.m. That was  in November 2022. So that is not something  

that that we do it if there was a special game  that morning we opened and it was great fun. Um   uh the police department walks through every  weekend. Every Friday and Saturday night they   walk through at least once or twice a night and  I always feel great when they do that. I love   seeing their presence. everyone sits up a little  bit taller when they come walking through and it   it just it's a great thing and I've told them that  as much as I can like please continue to do this.   It's so good. It just keeps everyone like feeling  like they're being watched and kind of like this   behavior thing. Um the outdoor our our reason  I just want to kind of make a little bit more   sense with the outdoor portion of the permit. We  book the back patio for parties up to 70 people.   One of the questions that comes up a lot is,  can we bring a DJ for our party? So, it's not   me promoting entertainment in the back patio.  It's for guests that want to have the option.   The last time that I had a party, book uh book the  patio and bring a DJ, that was in November 2024,   and that was for a retirement party. Um, it's not  like a crazy party area, dance thing going on for   the public. It's really quite private. The back  of the patio is enclosed obviously and behind our   our patio is the alley which we actually have a  private alley that is a it's a turnoff from the   main al sorry from the main alley. So there's a  main alley and then way down there are some the  

apartments down again. So it's like three  turns and behind us is nothing. It's just   a deadend little alley with a four fourstory  building on the other side of our alley. So,   it's it's quite private. Um, I don't have any  intention in the future of bringing in any sort   of entertainment for the public back there.  Um, also to uh answer your question about the   cover charges, have no intention of charging  a cover charge or an entertainment fee. That   is not something on our radar. Um, I don't have  any intention of bringing anyone of that caliber,   that type of entertainment. And to answer your  question about how long this has been going on,   not to, this sounds kind of crazy, but uh, we've  had approximately 740 DJ sets since we opened. So,   this has been going on for quite a long  time. We've not had any problems with it.   I like to attribute it a little bit to the fact  that our drink prices are higher than anyone else   on our block. I think that it helps with riff raff  late at night. I'm not trying to give away stuff   for really cheap late at night. If they want to  come, then they can they can spend the money if   they want to come out that late to see us. Um,  that's kind of my business thinking about it. And   we did have, you know, we thought that we had that  permit all this time until one of our neighbors   was disgruntled and reported so many of the  other businesses. So that's why we're here now. Yeah.

Thank you. Um there's nothing further. We'll move.  Oh, so okay. So, so to clarify, your intent was to   have the ability to have the outdoor music. It's  not going to be something that you're going to be   booking. Correct. G It gave me shivers. I have to  be honest when you said 70 people outside. I've   been to parties where have 70 people and DJs and  it's normally not quiet. Not saying that's a bad   thing. It normally isn't. And I've been there  when London's had a temporary back back thing   on you. And that thing was blasting music through  those corridors over there. So I'm familiar with   it. It does that. But I just want to understand  that that it's something to a value added. If   somebody wants to have a party, it's not going to  be something that you're going to do every weekend   or Fourth of July. I could probably get away with  this because it's noisy. So if I understand you,   is that that the the genesis of your request?  Exactly. Yes. And the the makeshift patio that   London has is only has one wall, one solid wall  with the little fencing that goes around the   other three walls. Ours has four walls um with  a portion of it covered. And now we also have   um what's it called? A partial  covering over the rest of it. Um, thank you again for uh talking to us.  Thank you. Um, just a question on the 1:30   a.m. end time. Yes. Um, do you have a case  for going all the way till 1:30? If it was,   uh, say something like midnight like  some of the other establishments,   um, would that be a problem? Are you  specifically seeking the 1:30 a.m. end   date or end time? I'm specifically seeking  1:30. Yes. I don't want to change from what  

we've been doing. Um I haven't had any issues  with the city or with the police department to   continue our suare to go till the end. Um  so I would like to keep it 1:30. Thanks. Any other questions to the applicant? Okay. Thank you. Thank you. Thank you. Do we have   any persons in favor who wish to speak?  Persons with concerns? Um, okay. So,   we are going to close the public testimony  portion. Um, and now let's uh deliberate. [Music] Or are we just gonna We can also move to  a motion. I was I was being a gentleman   letting everybody else go since um I I do have  concerns about outdoor late night. Um you know,   I don't know what the perfect recipe is for  the time. Um, my experience is that I don't   want to hear that at 2:00 in the morning,  but I think but but but I don't think we   have a recipe like I think the outdoor  was until 11 p.m. Yeah, 11, right? Um,   so I would would it was it just till 11? Yeah, it  says outdoor until 11. It's indoor that goes to   1:30 a.m. So my my concern would be controlling  the front doors and the windows. um and how that   would be done if there's indoor indoor music that  would be a concern and I would offer an amendment   when we get to that point to number 19 to bring  which number 19 and the general requirements is  

saying for 180 day I would go either 90 or 120  days on that if if it's acceptable to the group   just to have a little bit of a review um on data  sheet one number 19 under general requirements. I think I I have another question  when we're done with this. Um and maybe this is a question for staff.  Um, have we has anybody else asked to have   um entertainment until, you know, say  1 or 1:30 and we ended up saying no and   brought it back to an earlier time?  I just can't recall. I I I I don't   recall a denial of live entertainment  at late night hours. Cool. Thank you. in because we usually do reviews at six months  somewhere 690 and I can see that maybe something   need to be added if you're getting a bunch  of complaints then you then we move it up. I   I don't know. That would be part of a cup at that  point though, right? Right. We could review it in   90 days if there were problems. Well, yeah, and I  would think that it would be reviewed if we were   getting complaints anyway. Correct. It could be  brought back to DRC or us that. But but as it's   stated now, it's 180day review. Right. But as  she said, she hasn't had problems and it's been  

it's been uh if staff may I apologize. Uh there  was some discussion at DRC if if if the review   period should be brought to 90 days and it was  kind of discussed that it may be too short of a   window to gain enough feedback from the general  public to ascertain how much impact it really   is having. So it was still recommended per the  conditions as provided to you at 180. However,   again, staff is willing to as as we go into  the cooler months, the exterior outdoor ones   might be a little less or the parties, but  but the applicant didn't say something like   in November there was a nice get together outside.  So, but likewise, the windows could be more it's   beautiful in Monrovia in the summertime. You  want the windows open on a restaurant and all   that. That probably is more challenging for the  restaurant, maybe a little less challenging in the   colder months around here to have those windows  and doors open when they're performing. But   um I don't know. I could I could live with 120.  That's why I said 90 or 120. I just thought it   would be good. But you're you're right that that  could be a possibility where they um you know   doesn't give them a lot of time. Maybe 90 is too  short to give it a chance. I just wanted to throw   it out there if there was any um any feeling on  it. Just a clarification, if there happens to be   a rash of noise complaints that happen in the next  30 days, Yeah. there's nothing stopping DRC from   considering an amendment to the conditions based  on that feedback. Right. That's correct. That's   the beauty of a not like this uh review period is  the only opportunity to make such a modification   if a modification is necessary. Right. That is  yeah, that is correct. And there's also a code  

enforcement process that involves education that  can work up to citations that cost money to help   enforce good behavior. And I think with Oldtown,  what we're finding is a lot of the businesses are   self-regulating. They do let us know if someone  else is not behaving, which is very helpful, too. I think we have to I think we have  to give them a chance, you know. So, can I get clarification on so for  item 19 are we proposing the 120 or   we're good with the 180 days? Just so I  know whoever's when we make the motion. I'll move that or we amend it, but I won't be  hurt feelings if we don't. But I just thought   it was because I've brought this up before and  other commissioners have brought this up before.   It wasn't something that we're trying to penalize  them. It's just having a mechanism in there. But   you could live with it. I could live with it,  but if it comes back, I told you so. Then then   we'll have a greater and I don't think we'll have  a problem. We'll have a greater discussion on all   those hours if it comes back like that. So, I can  live with that. Leave it alone. Okay. And then the   outdoor and just for clarification, excuse me, the  indoor live entertainment. We're all good with the   one. No one's proposing to change it. Okay. So, we  Anyone want to make a motion? If if staff may Did   you want to modify the or remove I'm sorry, the  condition regarding the cover charge or just Yeah,   if we can. It would be just take off. It would  just be to take off that the last sentence that   one part of that sentence. Condition number nine  to remove the cover charge portion. Yeah. Yeah.  

So I think we should keep the cover charge portion  and remove the entertainment fee. Entertainment.   Exactly. Remove the entertainment fee. Move  to approve CUP 2025-00008 with conditions as   presented in the staff report. You're going  to change 19. Yes. and modify condition 19 to   remove the entertainment fee sentence from with  number that's number eliminating that's not 19   that's nine nine excuse me nine eliminating  nine for the cover charge the condition will   be modified to read no cover charge to  enter the restaurant shall be permitted period Okay. Do we have a second?  I second. Roll call, please. Commissioner Austin, yes. Rose, yes.  Shuffler, yes. Stira, yes. Chair Brown, yes. Motion passes. and chair, if I'd like to read  the appeal language. Um, it's important to   note that all items um under the purview of the  planning commission, which includes this one,   may be appealed to the city council if filed  within writing, and an appeal fee does apply,   and that has to be filed within 10  days of tonight's decision. Thank you. Okay, moving along to agenda item PH3, which  is a conditional use permit CUP 2025-00009 for uh 110 East Colorado Boulevard. And the  applicant is Megan Wentz for Barbecq Blues.

Um, can we please have the staff report? Yes.  Thank you again, chair, and good evening again,   commissioners. We have another conditional  use permit before you tonight to allow live   entertainment. This is indoors only this time  at an existing restaurant, Barbecq Blues,   at 110 East Colorado Boulevard. And Megan  Wentz, who is the manager of Barbecq Blues,   is with us here tonight. So, the subject site  is located at 110 East Colorado Boulevard.   This is just uh near the corner  of East Colorado and South Myrtle,   right next to the Saltner. Um and this is  located in the PD5 planned development area   5 zone. This is a specific zoning designation  area that is um generally adjacent to the HD zone   u which generally includes the side streets  along Myrtle and it supports a variety of uses   that should be related to and of quality that  represents Oldtown. And as a bit of background,   um the subject site u was previously formally  occupied by 38 degrees the restaurant and they   had received two conditional use permits in 2014.  One for also for a type 47 full liquor ABC license   and the other for late night operations also  to for now fast forward to 2025. The current   applicant has assumed operation of the restaurant  and they reestablish it as Barbecq Blues in   January of this year. Since it's been required,  the restaurant has remained in compliance with   both of those cups and are in good standing.  The applicant is now requesting to add a new   cup to add incidental live entertainment for small  band performances within that indoor dining area. And as I stated previously, the Mon municipal  code section 1744055 does require applicants   that are proposing live entertainment to obtain a  CUP. The CUP process allows the city to complace  

conditions on entertainment activities to prevent  potential impacts related to noise, crowding,   or extended hours of operation that could become  incompatible with nearby uses. The planning   commission has authority to review and approve the  CUP subject to the findings of approval as listed   and that they would not create any adverse impacts  to the surrounding area being before you tonight. So, its current operations, uh, they are allowed  to be open 11:00 a.m. to 12:00 a.m. midnight on   weekdays and weekends from 9:00 a.m. to 1:30 a.m.  Um, they also have both an indoor and outdoor   dining area. Their outdoor dining area is in  the front similar to most other businesses along   Myrtle Avenue. They have outdoor alcohol service  hours. Um, again, that previous cup approval,   this would be again the front patio area. And  those are limited from Sunday through Thursday,   6:00 a.m. to 11:00 p.m. and Friday and  Saturday from 6:00 a.m. to 12:00 a.m. midnight. And so the applicant is proposing to feature  small musical performances indoors, again up   to two per evening between the hours of 6 p.m.  and 10 p.m. generally consisting of blues or jazz   performances by small groups, hence their name  barbecue blues. Entertainment would be incidental   to the restaurant use. Um again, no fixed stage  or separate admission charge is proposed. Uh   similarly, um staff did compare the previous COP  approvals with others in Oldtown. Um kind of just   again highlighting London's Salad Beastro, uh Poor  House, Night Cap, and most recently the Crimson to   name a few. Again, ranging in hours between 1000  p.m. to up to 2 a.m. um for indoor entertainment. So, the proposed floor plan, uh, the building  is just over 4,000 square feet in size, um,  

with the 240 foot patio and includes a main dining  area with bar seating, kitchen, and storage area,   and two restrooms. As you can see in this  slide, the seating is proposed uh, I'm sorry,   the current seating um, provided is a total of  101 patrons. That's 85 indoors and 16 outdoor.   To accommodate the live entertainment, there'll  be four sets of tables and chairs near the rear.   as listed here in white. Um that would be  removed temporarily to create a performance   area of 144 square ft. This is a 12t x 12t  area. Again, no raised stage or permanent   stage is proposed. Instead, the performers  would set up directly on the dining room   floor with their equipment and would include  musical instruments such as a small amplifier,   speakers, and typically one to two microphones.  Here's kind of a just a close-up view of the   back of that indoor dining area of where the  performance area. You can see the four tables   and chairs that would be removed temporarily  to accommodate the live entertainment. Again,   this is similar to the previous request. Um,  this is an incidental proposed use. They're   not proposing to necessarily do it every  night of the week, although every night is   proposed to allow greater flexibility of when  they can hire talent to come in and perform. Similarly, staff is recommending um noise  control conditions again limiting the hours   of entertainment between 6 pm and 10 p.m. as  the applicant has proposed them. Outdoor live   entertainment entertainment shall be strictly  prohibited and none is proposed at this time.   Maximum of two performances per day up  to a maximum of four performers again to   eliminate the noise. Um live entertainment again  cannot be audible outside the boundaries of the   establishment and have to be operate in alignment  with all the municipal code requirements regarding   noise and vibration. Um again one of the most  important ones all the doors and windows do   have to remain closed at all times during live  entertainment. Again separate from someone  

entering or leaving the establishment. You can't  prop the door open. location and frequency. Um,   again, no change in the approved hours um  or the a floor plan for the operation of   live entertainment. Any proposed expansion would  require an amendment to the CUP and brought back   before the commission. Live entertainment would  be limited to the 12T x 12 ft um indoor areas um   as defined. The DRC shall have authority to remove  um sorry to modify those hours. similar conditions   for public safety, no dancing, standing room  only, use of pyrochnics, and that you have clear   visibility into the um establishment at all times.  Um this also went to DRC as a advisory review   um on August 20th. Um they had practically no  discussion and they unanimously voted recommended   approval. Following today um to tonight's meeting,  um there was a postcard notice sent in a 300t   radius and newspaper notice that was um provided.  No written or verbal comments have received for   this application at this time up until this  point as far as I'm aware. Um, with that,   staff and the DRC are recommending approval with  the conditions as outlined in the staff report and   I myself as well as Megan are here if you have any  questions. Thank you. Clarifying questions. Yeah,   I have one. Um so in condition number five it  talks about outdoor outdoor live entertainment   shall be prohibited at all times unless a request  for outdoor live entertainment is submitted for   review to the planning commission and approved  by the planning commission. Um is that similar   to other uh cups that we've had? Have we had  the same condition and has it always been the   planning commission rather than the DRC? Uh so in  in in this particular case um you know it it it   would require at minimum an amendment to the cup  if they were going to propose any expansion to  

include outdoors which would have to come before  the planning commission for review and approval.   Have we had any other cases where we have  said outdoor dining or outdoor um live   entertainment is prohibited except if approved by  not specifically that language. I think you know   we don't have a lot of dedicated outdoor spaces.  Again the previous application although not part   of this review um is a very unique location. So  staff thought it prudent to add a condition to   ensure that nothing is proposed at this time and  that um they cannot provide anything outdoors and   it would if if they were provided in the future  it doesn't just automatically grant them with   the CUP. They would have to come back before  the commission for approval. Okay, understood. Quick question. Um I saw in your picture of  the um or the that denotes the stage to the   left there is a door with panic hardware on  it. Is that just an emergency exit? That's   not a normal in and out. The most egress is  through the front door. Yeah, I believe it is   an emergency. I um I've never used that door.  I I would probably defer to the applicant. I I   do know there is an egress pattern for that area.  Um that should as part of the review and approval   um remain open and clear. ADA, everything  as such. Just curious if there was a some   normal flow since it's right next to the  entertainment area there that would would   really lead the music to leave the building  quickly as opposed to the front. I was just   It looked like it had panic hardware on it. So,  it looked like it was probably an emergency exit. Any more questions? No. Okay. Okay.  So, let's move to the public testimony.

So, again, this is the time and place for  public input regarding um public hearing   item number three. So, we'll accept testimony  in the following order. The applicant, persons   in favor, persons with concerns, and then the  applicant um will have a chance to respond. So,   would the applicant like to come up and speak? And  please uh state your name for the record. Hi. Yes,   I am Megan Wentz. I'm the general manager  of Barbecq Blues. Uh, I do not have much   to add. Austin and I have been working very  closely together on this permit. I think he's   addressed most of your concerns or questions  as far as that side door entrance. Yes, it is   primarily used, very rarely. Um, occasionally  for emergencies, but it's always accessible,   always open in case of that case. Um, other  than that, most people do enter from the front. That's about all I have unless there's any  other questions for me. No, that's it. Thank   you. Thank you so much. So, it doesn't look  like there's anybody else here to speak. So,   we'll close the public testimony portion.  So, um let's move now to our discussion. And it's pretty straightforward. All right. Hey,  I'll just note that the same condition that   we struck half of is also present in the cup  about the cover charge. Yes, number 10. Yes,   number 10. So, ju just to discuss that a little  bit more. Um, so I think this the sentence that   we struck from the last one is this condition  does not preclude the applicant from charging   an entertainment fee in addition to the sale  of food and alcohol. So striking that sentence,   at least how I interpret it, doesn't actually  change anything about what the applicant can   or cannot do. They could still charge an  entertainment fee because this sentence   says this condition does not preclude the  applicant from charging an entertainment fee,  

but we were going to strike that whole sentence.  We did we struck that that sentence sentence.   Yes. Which the second sentence the whole thing. So  it'll say no cover charge to enter the restaurant   shall be permitted. Period. period, right? And and  this the second part is the part that we struck,   right? Which I believe doesn't actually change  anything uh that the applicant is allowed to do   or not. Is that right? Um yes, that's correct.  Um, essentially in case there is confusion about   a cover charge versus an entertainment fee, the  current language clarifies that an entertainment   fee is distinct from a cover charge and that no  cover charge is permitted, but an entertainment   fee is permitted. Um, so still is. It's it still  is. Um, it's just not clarified in the condition.   I should have said this during the discussion for  the last one, but now I understand what you're   saying. Apologies. We should have said we should  have said or cover charge. Or cover charge. Yeah.   No cover charge or entertainment fee to enter.  Yeah. Or perhaps something about being explicit   about notifying patrons that an entertainment  fee would be charged at the time of entrance   of the on the premises or something like that  if if that was your concern. And I don't know   that we have if I don't know that we can tell  a business how to run their business. You know,   that's not really our purview. Yeah. I'll just add  that I think with that condition might staff might   have added additional language. So that condition  I know we had in an entertainment facility request   as opposed to a restaurant that's using incidental  entertainment like the Crimson that's what they   were doing. Exactly. and and so they were going  to add an entertainment fee and the city didn't   want that entertainment fee to be a cover  charge. The the purpose of I got it. Yeah. So,  

so um h staff is comfortable without having that  second sentence. I think the intent is we don't   want this to become a bar, a place where there is  a cover charge or people and somebody standing at   the door. Correct. Yes. Yes. But in my estimation  then it's no longer a restaurant. It then becomes   a nightclub or something. Correct. Yes. So it  would it would it wouldn't fall into the cup   if that indeed was to happen. That is correct.  Okay. So that kind of covers us. I'm thinking so we're fine then with just striking  the second sentence and keeping the   first sentence. every Okay. Are  you okay with that? I was just   making an observation. I don't have a  strong Thanks for opinion. Either way, do we want to discuss it more or someone want  to make a motion um to approve as amended? Okay.   I'll I'll move that we approve conditional  use permit 2025-00009 with conditions as   presented and the amendment to number 10.  Second. Second. Okay. Roll call, please. Commissioner Austin, yes. Rose, yes. Sheffller,   yes. Stira, yes. Chair Brown, yes.  Yes. So, the motion is approved and now we'll do the appeal language. Yes. Thank  you, chair. Um um all items of the planning   commission may be appealed to the city council  if filed in writing within 10 days and an appeal  

fee does apply. Thank you. Thank you. So, we don't  have any administrative reports, so we're going to   move to the community development director report.  Yes. Thank you very much. Um, happy to be with you   this meeting. Apologize for missing the last one.  We do have a few updates. Um, we talked about the   Monrovia area partnership leadershipmies. We  had intended for those to start already. We've   recently changed the dates in order to facilitate  additional enrollment. So the programming will   now start um August 1st for the youth, August 2nd  for the adultmies. Um you can August I'm so sorry,   October. I do that all the time. October and  August October 1st for the youth, October 2nd   for the adultmies. Um city managers weekly update  has information regarding the reg registration as   well as the city's website. We encourage to spread  the word. If you've attended and enjoyed it,   please pass that information on. It's a great  opportunity. Um I also wanted to note that the   density bonus ordinance will be moving on to  the city council next week at their September   16th meeting. And um the myself uh John Mayor  and our senior planner Jennifer Driver will be   attending a Cal APA conference at the end of this  month. And it's a great opportunity for us to get   um to learn a lot about the new legislation  that's coming. We can we we get to interface   with HCD oftentimes and other cities. So, we're  all looking forward to that. So, hopefully we can   report back what we've at that conference at the  next meeting. Um and that concludes my update.   Thank you. Thank you. Do we have any reports,  announcements, or requests from commissioners?  

None. Um, have here any items to  be placed on future agendas or to   be addressed by the staff? Nothing.  Okay. So, I think we're adjourning. Yeah. So, um, our next regular meeting  is scheduled for October 15th. Um,   and so the meeting is now adjourned at 8:31  p.m. Thank you. Oh, I forgot. There we go.