Planning Commission - Regular Meeting

So, I'd like to call uh the meeting to order.  It's 7:30. Please stand and follow Commissioner   Schaefer uh in the pledge of allegiance. I aliance  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. All right, roll call, please. Yes.  Commissioner Cheryl Rose is excused. Commissioner   Austin, here. Janisk, here. Sheffller here.  Stira here. Vashani here. Chair Brown here. Are there any corrections or do we need  Yeah. Are there any corrections to the   uh or do we have a motion in a second  for the approval of the minutes?   Chair, do you want to take them individually  or set or collectively? Um, let's do them   individually. Okay. So, so do we have a motion  for the unadopted minutes of the October 15th,   2025 regular meeting. So moved. Second. Roll call.  Commissioner Austin. Yes. Janisk, yes. Chevler,   yes. Stira, yes. Vashani. Yes. Chair Brown.  Yes. Okay. So, next, can we get a motion for   the unadopted minutes of the November 12th, 2025  regular meeting? I'll need to um abstain since I   was absent. I'll move to approve the minutes  from November 12th. I'll second. Roll call,   please. Commissioner Austin, I'll abstain. Oh,  excuse me. Janisk, yes. Sheffller, yes. Stira,   yes. Vashani. Yes. Chair Brown. Yes. Okay. So,  at this time, members of the public who wish to  

discuss items that are not on the agenda can speak  to the commission. Do we have any public comment? Doesn't look like it. All right. So, we're  going to be moving on to our public hearing.   So let's see here. So right now we have public  hearing one conditional use permit CUP 2025-00007. Um it is a applicant is requesting a conditional  use permit for a state alcohol beverage control   type 41 license to allow the incidental sale  and on-site service of beer and wine for on-site   consumption. and a new sitdown restaurant,  excuse me, at a new sitdown restaurant which   is Rio's Fiesta Mexican Food. The property is  located in the neighborhood commercial zone. Um,   and it is SQA exempt. Um, staff, please.  Uh, thank you, chair, and good evening,   commissioners. Um yes, as you mentioned, this  is a conditional use permit request for beer   and wine service um at 448 West Foothill Boulevard  um by the applicant Primitiva Serrano uh for the   um for the Rico's uh restaurant. Um so this  site, it's just over 7,000 square ft in size   with about 48 ft of street frontage along  both Foothill Boulevard and Mayflower Avenue.   Uh the site is developed with a twostory uh  building that's about 2500 square ft in size.   It includes a ground floor uh commercial space  of just over,00 square ft and then also a second   floor dwelling above that. So previously uh  this site was occupied by the Rigos Delhi and  

market. They've uh occupied there for about 30  years. uh but they closed in 2017. Since then,   the site has remained vacant um on the ground  floor space. So, the uh property owners and   and business owners, they would like to reopen  uh the restaurant that they previously occupied   or ran at a different spot into this uh  location in order to activate the space. So looking at the site, there are some con uh site  constraints and um uh uniqueness to this property.   So this site, it's located in the neighborhood  commercial zone um which has commercial uses for   uh the local um residents, but it's also located  adjacent to a residential zone. So when you have   commercial and residential next to each other,  there are special cir circumstances that we want   to uh pay close attention to that there aren't  any impacts to the those residential zones.   Uh the site itself is developed with commercial  and residential uses on currently and it was   previously used as more of a deli that you it  was like a drive up type of service quick service   rather than more of a sit-down restaurant. So the  DRC approved a request in February of 2025. Uh   this was for commercial design review and outdoor  dining uh to to improve the building with a facade   remodel and tenant improvement. Uh it also include  outdoor seating along the front of the building.   Uh the request also included a parking lot  improvement plan in order to change that  

uh drive uh drive up quick service to more of a  parking on site. So, uh, staff worked with the,   uh, architect with this project to really maximize  the number of parking spaces available on site.   Uh, so this included nine parking spaces with one  being ADA uh, accessible and the other being uh,   one space for the residents on the second floor.  And then it included uh, new landscaping around.   So, the request before you tonight is for a  conditional use permit uh to allow beer and   wine service uh for on-site consumption. Um  this would be incidental to the primary use   which is the restaurant. Uh the restaurant uh is  a full-ervice restaurant offering uh traditional   Mexican cuisine. It has both indoor and outdoor  operations. Uh so the indoor dining uh includes   six tables with 24 bench seats. Uh it would be  open from 8:00 a.m. to 10:00 p.m. 7 days a week.   The outdoor dining is limited to seven tables  and 28 chairs as well as 8:00 a.m. to 900 p.m.   uh 7 days a week. So the outdoor dining closes  an hour earlier than the indoor. And here on   this slide, you can see the layout of the dining  uh for the business. So, as mentioned before,   they have a row of outdoor seats along the  front of the building. And then inside,   they have a single row of bench seating uh  along near the entrances. And then there's   a cashier uh point of sales and then a  kitchen uh that will prepare the food.

So part of the review process DRC uh or  the development review committee provides   an advisory role uh to the commission. So we  held a public uh meeting on July 16th, 2025.   Um at the DRC meeting uh there was public  comment um both written and in uh testimony   um that was provided from the neighbors. Uh uh  three neighbors uh spoke at the meeting. They   had concerns related to uh possible loud music  or conversations from the outdoor dining area.   uh parking availability on site or on  site and uh on the street as well as uh   potential for disruptive behavior uh and noise and  littering. Um during the DRC meeting uh the DRC   um discussed the conditions and recommended  uh a change in one of the conditions. Um,   normally there's a condition of approval that  has a sixmonth uh review where the business   would go back to the DRC after six months. They uh  recommend changing that to three months instead. And so after the DRC meeting, um staff took a  closer look at the proposal and wanted to work   with the applicant in order to to address three  main concerns that were brought up. These were   noise, uh, parking and public safety. Um, so  with noise, there's concerns about the music   and conversations, uh, parking, uh, for parking  on the street, and then public safety with the,   uh, business possibly turning into more of a bar,  uh, setting. So, uh, the staff included several   conditions of approval in order to really mitigate  and address these concerns that were brought up.  

Um, so these include an uh a condition that  limits the operating hours for both the   business and for beer and wine service. Um,  that way they coincide with each other. Um,   the again they'll be from 8:00 a.m. to 10 p.m.  for the indoor and then 8:00 a.m. to 9:00 p.m.   for the outdoor. And also there's a condition  regarding amplifi amplified music that it's   only allowed within the building and that it  must not be audible beyond the premises of the   establishment. Um so if it is um this is something  that can be brought up uh to staff's attention. Uh we also looked at the parking uh a little  bit more closely and so the parking ratio for   the business um is there's a ratio of 2.3  uh seats based on the dining occupancy.   Um this is for the indoor dining. Um we  calculated that the indoor dining requires   uh 10 parking spaces as well as the uh one  resident space that was designated through   the DRC approval. The site only has nine parking  spaces. So staff included a condition of approval   where a parking covenant will be required with  the adjacent the adjoining property at 440 West   Foothill. Um thankfully that property is also  owned by the applicant. Um so they are able to   um set create that covenant and staff can have  that recorded in order to uh designate two   parking spaces for the restaurant use. Um so this  covers the parking requirement for the restaurant. In addition um there are parking  restrictions that would be placed.   um one that it limits uh parking for the  use uh to be on site or on the adjoining  

site. And in order to help enforce this, the  business owner is uh required to put signage   uh along the front counter in order to  educate patrons of this requirement.   And then just going back to the parking  covenant, um there is a provision that   would be in that just to maintain the parking  lot be free of uh any debris or obstructions. So finally, uh we added conditions uh  regarding public safety. Um so these   include a call for review. Um if there's any  um any issues regarding noise, traffic or any   other complaints about the business, uh the  cup can be called up for review uh both by   staff uh the DRC, the planning commission or  the council. Uh and then as mentioned before,   the the normal six-month review uh was uh changed  to a three-month review. Um that way the DRC can   um take a closer look at the  operations of the restaurant   uh both after the building is occupied and  and alcohol alcohol is served. And part of   this includes a 300 ft uh mailing notice uh  to the residents within the area. Um that way   they have an opportunity to come in and uh  provide any public comments that they have.   Uh so it was part of the process. Um this was a  public hearing. So we did uh u send a newspaper   publishing that was posted on January 1st. We also  mailed out uh notices to the residences uh within   300 ft. Um so far we have not received any written  uh public comment regarding the item. So with that   staff and the DRC are recommending approval uh of  the cup with uh the conditions. Uh this concludes  

my presentation. Uh the applicant and the  property owners are available as well as staff. Thank you. Um do any of the commissioners have  questions regarding the staff report? Commissioner   Austin. Sure. Thank thank you for the good report.  question. I'm seeing on the graphic of the site   plan arrows and directions. So, do they hope their  patrons all enter from Mayflower instead of off   a foothill? Is that the intent? Yes. In a perfect  world. Okay. Yes. During the DRC, um they did look   at the parking layout and so that was um there are  conditions from the DRC to address that. Likewise,   and this might be towards the um applicant as  well. If there's we hope that the business is very   successful and they need more additional parking,  are they able to accommodate it on their property   next door? So, I was just talking to them. Um they  mentioned that the parking lot is generally empty.   Um so that is something if it does become a  concern we can take a closer look at that to   see if additional spaces can be um designated or  if they can just use the spaces when needed. Okay. Any other questions? Um yeah,  thanks Vincent. Uh great report. Um   uh is there still can you tell us more about  the residence that's on the second floor? Is   there still going to be a residence there?  Is it currently occupied? Uh anything you can   share about that? Yes. Um based on the feed that  feedback that we received during the DRC meeting,   it is still occupied. Um there are no plans  to remove it. Um so it would remain there.  

And then with the parking space um designated  for that residence, we see it being there long   term. And it is is it a rental unit? Is that  what it is? Yes, it it's an apartment. Okay. Any other questions? No. Okay. So, let's  move to open the public testimony portion   of the hearing. This is the time and place  for public input regarding this item. So,   we're going to open the public hearing. Um, do we  have any So, testimony is going to be received in   this order. First, the applicant, then persons  in favor, persons with concerns, and finally,   uh, applicant response and rebuttal. So,  the applicant here, do they want to speak or No. Gracias. Okay, so now we're moving to  persons in favor. Do we have any people in   favor who want to speak? And please state  your your uh name for the record. Good   evening. My name is Tom Adams. I appreciate the  opportunity to speak with you tonight. Um I've   been neighbors with Rigos for I don't know  25 or 30 years in their previous location.   Um, we've had a lot of people in that area  come and go business-wise, and they are the   best. And I think the key to every conditional  use permit is probably good management. And uh,   I probably ate in Rigo's restaurant a lot more  than I should have, and I've lost a little bit of   weight since they closed, but I can tell you that  out of all the times I've been there, I have never   ever experienced any anything negative whatsoever.  It's not a bar. I've never seen anybody in there  

drunk. These are people who go in and want a nice  uh Mexican dinner and maybe a beer or a glass of   wine to go with it. So, I would encourage you to  approve it and thank you so much. Happy New Year. Any other persons in favor that want to speak? Please state your name for the record. Hi,  my name is Gary Garcia. I'm a local in the   area. I'm right around the corner from this  proposed restaurant. Just wanted to say that   this is a great thing and I'm absolutely in  favor. Thank you. Thank you. Anyone else? No. Okay. Oh, hello everyone. Good evening. Um, I'm the son of  my parents. Um, um, the only thing that I could   say is that my parents really really Can I get you  to state your name? I'm so sorry. Yes. Uh, my name   is Christopher Serrano. Thank you. It's It's my  first time doing this. So, um, but no. Yeah. Um   um I literally would always be like I grew up  with like babysitters my whole life. You know,   my parents were always working. They they did  everything to provide everything for me and   um my siblings and such. and um this  restaurant has always been a staple for   um my family and um you know the fact that you  guys are possibly providing a second opportunity   and such I think it's really really really  cool and I really appreciate you guys for   making the time and everything and um yeah  um yeah just thank you and yeah thank you any other persons in favor that.

Okay. So, now can we move to  any persons with concerns? Okay. And so I we don't really have a need then  for an applicant or um response or rebuttal.   So, we're going to now close this public hearing   um and the commissioners can  discuss and debate uh this item. So, is there any further discussion or  we're going to make a someone's going to   make a motion? I'll make a motion. I move to  approve conditional use permit CUP 2025-00007 with conditions as presented in the  staff report. I'll second it. Roll call,   please. Yes. Commissioner Austin, yes. Janisk,  yes. Sheffller, yes. Stira, yes. Vashani,   yes. Chair Brown, yes. All right, chair. And  if I may, I'll read the appeal language. I just   wanted to note that all decisions of the planning  commission may be appealed to the city council if   filed in writing to the city clerk within 10  days and an appeal fee does apply. Thank you.   Thank you. So, next on the agenda, administrative  reports, of which we have none. So, now we move to   the community development director report. Uh yes,  happy new year. Uh great to see everyone, all the   commission here. Um just had two two noteworthy  updates for you. The first is I think it was in   November that we heard the public hearing item  for 701 South Myrtle Avenue that went to the   uh city council at their sec uh second first  meeting in December was December 2nd. That project   was approved. Um so we will be seeing it being  submitted into our building plan check process  

shortly. I I foresee that coming. Um, and next I  just wanted to note we saw some of you out at our   uh, Satu Sunnishi Park grand opening yesterday.  This is the the ninth of the city parks. It was   a great turnout and if you have young kids,  it's visit I the play equipment these days   are are fantastic. Um, and that's it for my  updates. Thank you very much. Let's see here.   Uh, now we move to any reports or  announcements from the commissioners. All right. Well, seeing none, it's  looking like we're adjourned at 7:52 p.m.