Planning Commission - Regular Meeting

Good evening everyone. Uh the planning commissioner meeting of November 19th will come to order. All rise for the pledge of allegiance. To the flag of the United States of America and to the stands nation, indivisible with liberty and justice for all.

The secretary will call roll. Commissioner man here. Commissioner Tlson here. Commissioner Rice here. Chair Vice Chairperson Kennedy here. Chairperson Chrisman here. May I have a motion for approval of the agenda? Move to approve the agenda. Second. A motion was made by Commissioner Rice with a second by Commissioner Tlson. Unless there is any objections, the agenda stands approved. May I have a motion for approval of the minutes? I move to approve the minutes. Second.

A motion was made by Commissioner Tolson with a second by by Commissioner Man. Unless there is any objections, the minutes are approved. The secretary secretary will read the declaration of conflict. If any member of the planning commission may have a conflict of interest or any reason why that member should abstain from consideration of any matter on this agenda, he or she should so declare at this time. Are there any declarations of conflict? This is the time allotted for public statements or comments on all items other than public hearing items. Is there anyone in the chamber wishing to be heard?

Not regarding the development. Thank you. Um, okay. Is there any correspondence from the deputy director? Yes, chairperson Chrisman, members of the planning commission, there is a supplemental agenda item for item 111. We received correspondence and the agenda item uh provides that correspondence and a staff response for 11 A1. Thank you. We don't have anything on the consent calendar, right?

Okay. This is the time and place set for a public hearing on the consideration of CUPS 2024002 and a determination that the project project is exempt from the California Environmental Quality Act. Are there any experte communications to report? May we have an oral report on this matter by staff?

Yes, Chairperson Chrisman, members of the planning commission. Uh tonight's um request is a conditional use permit for the um proposed drive-through restaurant at corner of Cochran and Tapo Street. Our associate planner, Neil Morset, will have tonight's presentation. [clears throat] Good evening, planning commissioners. Tonight, we will be reviewing a request for a conditional use permit to construct a new drive-through restaurant. The project will also include improvements to the adjacent mobile home park. The project site is primarily located on a 0.52 acre vacant portion of a larger site located at the corner of Cochran Street and Tapo Street. The site is surrounded by existing commercial development to the north, east, and south, and an existing elementary school to the west. The larger site is currently developed with a mobile home park and several structures that surround the vacant portion of the property. The project site is located within the boundary of the envision seami specific plan. When the Popeye's restaurant was submitted to the city, it was under the Seami Valley municipal code requirements. Since that time, the Envision Semi Valley specific plan was adopted and went into effect in January 2025. The Envision Semi Valley specific plan changed the site's zoning to the Tapo Kota Fig zone where drive-through uses are prohibited. While the project was still deemed incomplete at the time of imp of of implementation of the specific plan, continual progress was made by the applicant and it was determined by the director that the municipal code

standards and allowed uses would remain applicable to the project. The existing site consists of two legal lots, lot one and lot two, and a 20 foot portion of lot 160, the lot directly adjacent to the west that was deed to lots one and two in 1952. The existing mobile home park resides within all three lots, whereas the vacant portion resides complete with completely within the southoutheastern portion of lot one. A lot line adjustment will be required to re reorganize and legalize the lots lot lines for the development of the drive-through restaurant. After the lot line adjustment, the site will consist of a 22,72 square foot parcel for the proposed drive-through restaurant and a 60,382 ft parcel for the existing mobile home park. for the drive-through restaurant site. Four existing curb cuts accessing the property will be replaced with a single entrance from Cochran Street. The existing access from Cochran and Tapo Street to the mobile home park site will remain. The new drive-through restaurant site will consist of a 2,172 ft building for a Popeye's restaurant, an outdoor dining patio, trash enclosure, landscaping, and 17 parking spaces. The drive-through lane will provide a 260 ft stacking distance exceeding the 150 foot minimum requirement and will be screened from the adjacent street by landscaping. The project design will follow a modern

contemporary theme. Colors will consist of earthtone whites, grays, and brown with teal and orange accents. The materials will be fiber cement board with a smooth texture with wood and brick textures as accents. The new building will be approximately 22 feet in height measured to the top of the parapit which will screen all rooftop mechanical equipment. An open lattice portico will extend over the drive-through lane at the service window. In addition to the development of the drive-through restaurant, the project is proposing to remove the existing retail and storage structures to the west to accommodate for the new development. The project will also provide several improvements to the existing mobile home park, including new landscaping, 24 new striped parking spaces for a total of 37 total spaces, 16 carports, and a new trash enclosure. The project will incorporate new landscaping for both the mobile home park and drive-through sites. As detailed in the tree report prepared for the project, three protected trees, including a bush cherry, holly oak, and crepe myrtle will be removed and mitigated on site. In the traffic study prepared for the project, the project would generate approximately 423 average daily trips with 44 evening trips. The city's traffic engineer confirmed that the additional trips would not significantly affect existing traffic operations in the area. In the noise study prepared for the project, it was identified that the anticipated traffic, idling vehicles, and drive-through menu board noise

levels would not exceed the 45dba interior or 63 dBA exterior noise standards laid out by the general plan. Nonetheless, a six- foot high high block wall shown in yellow is being proposed between the mobile home park and the proposed drive-thru to help mitigate sound. A supplemental staff report has been prepared in response to public comments regarding the lack of review of the proposed menu board. The project now includes a condition for the applicant to provide details on the menu board and speaker box for review and approval by the deputy director. It is anticipated that the proposed menu board will be approximately 5 and 1/2 ft tall and separated from the mobile home park by the proposed block wall. The project was presented to and received approval by both neighborhood councils one and two. Staff recommends the planning commission adopt a resolution approving the proposed conditional use permit and the determination that the project is categorically exempt from SQA. Thank you. Any questions of staff? We will open the public testimony portion of the Oh. Oh, sorry.

I was not paying [clears throat] attention. Commissioner Rice. Oh, Commissioner Kennedy. Did I push the button? My bad. Oh, my bad. Uh, just really quickly, uh, hours of operation. Did I miss that? Um, I didn't include the hours of operation. I think those will um come at a later date as they go towards construction. I don't know those quite off top of my head. Maybe we'll refer to the applicant when Okay. And uh, second question is we we already have one of these restaurants on Aringer. Uh, is in the plan to propose to close that or is that going to stay open as well? Was that part of it? We could also refer to the applicant. From my knowledge, we're uh we're not a they're not proposing to close the second location.

Okay. Um that's all I have at this time. Thank you. Thank you. Anyone else?

Okay. Thank you. We will now open public testimony portion of the hearing. Would the applicant like to present the project? Good evening. My name is Susan Jones and I'm with SJ Design Group and I am representing the client Mike M. Our design team includes myself and my team SJ design groups were the architects involved in the project. Ron Coaster, CRC Enterprise Civil Engineers. Uh Tom Rumby who is the project manager owner. Um Anna Armstrong who are with Armstrong and Walker Landscape Architects.

Sorry.

Okay. So this is an existing 0.31 acre vacant site located on the corner of Cochran and Tapa Street. And the developer, as Neil has been great describing, um will propose a lot line adjustment between the mobile home park and the corner lot to increase the overall site to about roughly uh a half acre and develop a new proposed one-story 2,172 ft Popeye, Louisiana kitchen with drive-thru and outdoor patio seating. North of this project is the existing home mobile home park with 16 residents. This development will also provide the opportunity for the mobile home park owner to provide new parking open and covered stalls, new trash enclosure, mailbox for the existing residents of that site. Presently they have about 30 parking stalls. With this realignment and improvement on their site, it would provide 37 parking stalls for the 16 residents existing. So this is the overall view of the existing site located on the corner of Cochran and Tapo with the mobile home park to the rear um north and west of the project. These are the street views from Tapo on your upper right and Cochran. You do see the small commercial building on the adjacent lot and that is just one tenant that's presently there, a hair stylist. And as you can see, those parking stalls were right off of Cochran. There's no drive aisle or anything. They would actually presently back in and back out right onto the street to get in. There are small little shed structures around this structure that would all come down as part of the development.

This just highlights the existing lot as it stands and the existing 16 mobile home structures. The lot line adjustment would acquire about 0.2 acres of the land for the improvement and the demolition of the adjacent commercial building as well as the parking structure and small sheds shown in dashed. The final layout would provide a drive-through stacking of 250 and allow for 14 cars. The estimated time for delivery at drive-thru for Popeye's is anywhere from 3 to 5 minutes. So, it should be a quick turnaround and far as delivery. There's 17 parking stalls on site. And interior there's about 12 dining room seating. Outside there's about four tables for outdoor dining. The estimated average um customers is about 65 to 70% in the drive-thru and 10 8 to 10% are mobile app orders. Now whether it's personal mobile app orders, individually paid through the mobile app or like uh GrubHub or other services, they come in, they go out, they have a direct pickup order. They're not in there for more than five minutes. So, it's a quick, efficient facility. This highlights the new parking layout with the new trash enclosure, accessibility, handicap stall directly to the front door, pedestrian access off of Cochran Street. It also shows and highlights the new parking structure and covered parking stalls and open stalls for the mobile home. The new trash enclosures for both the individually the restaurant and a new proposed one for

the mobile home park. It also highlights the location of the order menu. Um it is about roughly 75 to 78 ft um from the menu order to the nearest mobile home and it's actually on the corner of the mobile home facing it. They're all parked at angles. The drive-thru Q line is 250 plus or minus. Um the one thing that doesn't show up here and the civil engineer is not here. This is in a flood zone. So besides the landscape screening that will occur along Tapo and Cochran, there'll also be a small retaining wall that'll be roughly anywhere from 30 to 36 inch height, the civil engineer will have to determine that with flood control to um meet the mitigation measures for any flooding in that area. The pad will be raised about 30 in. And so you do have a a handicap ramp off of Cochran. It's a it's not a switch back. It's a straight run and then you turn um and and cross over at the front. Well landscaped two new street um tree wells. There will be box 24 inch box. So they're not going to be the small 15 gallons. Um really pretty mature trees on both Cochran and Tapo. Um, I think it's beautiful landscape and well screened for the hedges. Plus, you have the retaining wall that will definitely screen any headlights for oncoming traffic coming off of Tapo. This is the interior layout showing the 12 proposed interior dining areas, three kiosk menu boards. This is really since COVID or after COVID, most franchises and most fast food facilities have really scaled down the indoor dining and really come to mobile app orders, online offers, and self-ordering.

Exterior is per the new corporate standards for Popeye. this modern more um contemporary look with their signature colors of orange and teal highlighted around the perimeter of the building. We have at least three um well four material types. Our um vintage um cedar wood nichi wall, it's a rain screen system. Our nichi wall brick both in white and red. And then our three stucco paint colors. Plus the teal is the metal banding and siding and the metal canopies and the teal um shutters and awnings which is also a signature item from Popeye's side and rear views. You've got the door and leading into the kitchen. single door past that is to the oil recycle tank which is Popeye's actually has instead of having a pickup or delivery for oil, it's actually siphoned directly from the um fryer vats into a recycling tank. And so the pickup service comes through the drive-thru, connects through a port on the exterior of the building, siphons all that out and moves right off. The double doors is our electrical and fire riser. And then I do have a small video I'd like to show you. Oh, it didn't go on. Um this 3D image helps you kind of

envision the full buildout. This does not take in consideration terrain meaning that it does between Tapo and Cochran does slope down about two two feet about 24 in. And we do have the high power pole lines which is high transmission lines and if there were regular power pole lines those would come down and underground but because it's I believe if I'm not mistaken, 60,000 kilowatts. Um, which is probably more like capital gains improvement projects for cities to do, not an individual developer. And so it meets the exemption to UNRA. But hopefully this gives you a sense of the overall project, the drive-thru, well landscape, outdoor dining, indoor dining, Porture parking. Access from the parking lot. You can kind of see the menu board and the canopy. And that's it.

Any questions I can ask? Thank you. Um are the rest of the um applicants would like to add something or

[laughter] Okay. Are there any questions for the applicant? I do have one if that's okay. Yes. Of the applicant that you you mentioned that the street trees were 24 inch box. Um the others only because I'm still it just won't download. I've had this problem all day. So [laughter] I believe that was the requirement. Neil can correct. So the others are 24inch box, too. The the street trees. No, I'm the street [clears throat] trees are 24inch box. You said that, but I was I was more concerned about the other ones on the site. Are they 24inch box or are they I think we had a mandate for a certain number of them to be more mature because we were taking down existing trees. Correct. Yeah, that's what I was saying.

But I think there are on-site bigger, larger boxes, not just a 15 gallon. Okay. because I I know you were moving three trees. I believe you were moving three, right? Um that need to be replaced on the property and the others I was just concerned about the size there. They're not fully mature trees and I know one of them was actually really a shrub that's overgrown, but um and Neil can correct me. I know the street trees are all box trees and then there was a certain percentage that on the on-site trees would have to be I don't have a total count and I'd have to look back on the drawings.

Okay. Is it okay? It's just a 24inch box tree is not really that large. I mean, these are much bigger trees in the animation than a 24inch box. That's that was my only point. So, that's all. That's it. Uh, and I still have the question about the hours of operation. So, I believe it's 10:00 a.m. to 10 p.m. Thank you. And you mentioned um the prior loca or the other location in town. It's a separate franchises. So they're not partners or anything. And so this is a new franchisee. Any other questions for the applicants?

I've got a couple. [clears throat] Um how big is the sidewalk both on uh Tableau Street and Cochran? I believe it's eight feet on both sides. Okay. And then you mentioned that it's in the flood zone. Yes, it's and there's a retaining wall. Are those on the drawings? The

retain you kind of you see it in the drawings and the architectural drawings. It's keynoted and depicted along Tapo and turns the corner on Cochran and it is on the civil engineering drawings as well noted. The pad would have to be to the new FEMA standards for flood zone areas. the pad meaning the pad where the building sits on has to be 24 to 30 inches above the crown of the adjacent street. So with that in mind there also the retaining wall is part of the requirements or mitigation measures for flood.

Okay. And then also [clears throat] when you talk about the oil being collected through the drive-thru, is that a truck that's going to fit underneath the eve of that? Yeah, they're small trucks and it goes and the recycling happens in the middle of the night service. Yeah, they during the day I think it's like once a month they come and it's early morning operations prior to opening and then on the sign it says love that chicken is that all signage is just what they would turn in and have a separate signage permit. We understand signage is a separate review and approval. Okay. And then the uh handicap crossing, they're they're crossing the driveway.

And in the picture, it showed a red car. Is that the handicap spot or is that the one that first the very first parking stall in the parking lot is a handicap stall? So the loading aisle zone is always to the passenger side. The crossing from Cochran crosses over because of the grade differentiates. It will have a ramp with handrails and then cross directly over. Okay. And then um is Mr. Remy, is he here? He is here. Okay. Okay. That was asking if you No, no. I just That was it for me.

Commissioner Man, no questions. Um I have a couple of questions. Uh, do you have any kind of odor equipment or filtration system? Because I couldn't find it in I'm sorry, what kind of filtration? Like for odor control that is going to go possibly towards the mobile homes. So all the exhaust fans and hoods and makeup air have a filter system. They're double or triple filtered. So it's standard industry standard. Um, and that's all I know.

Okay. Thank you. Uh, another question that I had is um you mentioned during the neighborhood council meeting that the deliver deliveries are going to be twice um a week um during uh during the night between midnight and 4:00 a.m. Yeah. Is early morning. Can you please come up uh to the mic so that we can all hear you? Thank you.

I'm sorry, but Now, um, Popeye's deliveries for their supplies and food is is generally a maximum of two trailers a week. They're delivered during the night or generally it's between probably 3 to 5 or 6 in the morning, but it's one trailer. What their system does, which is really neat, is that everything that they order, regardless of the items, comes on that truck. So there's just one, like I said, two deliveries, a Saturday and Wednesday or a Tuesday and a Friday morning. But yeah, they're gone. They're Yeah. And and it's again, it's a 52 foot trailer. Takes probably about an hour or so to unload it and they're gone. So, my my concern is not necessarily uh with uh how how long it's going to take, but if there's uh if it's between midnight and 4:00 a.m. and it's going to get to to my perspective, it's going to get old really fast with the beeping noise of backing up truck and everything to the residents. So, that that was that was why I asked that question.

Yeah. Yeah. We haven't they haven't run into that issue. uh you know, but and and if you take a look at the surrounding area, most of it's commercial except for the mobile home area. So, we're not going to but again, it's kind of transparent. It really is. Yeah. Thank you. Yeah. Any other questions for the applicant? Real quick. So, are you the property owner and the franchisee? No, no, no, no. I'm the project manager for the project to build the project. Got it. Yeah. Is the property owner here tonight? He's here. Okay. Yeah. Thank you.

Okay.

Um I have um James McGillis, members of the planning commission, uh staff and public. I'm James McGillis. I'm a resident here in Seami Valley. Uh first let me applaud the planners of this project. They fit a 10- pound project into a 5B bag in my opinion. Regarding the staff report, section 3 environmental assessment, the project would not result in significant effects related to traffic, noise, air quality, or water quality issues. Deep fat friers will operate from 10 to 10. The question's been asked twice, but it has not been answered. Will they voluntarily close at 10:00, or will they decide to stay open till midnight? I don't know.

With the entire site elevated 30 in above existing grade levels, vehicles entering the site may have an obstructed view as they come over that driveway coming across people coming the opposite direction from the drive-thru lane. With only 17 parking spaces compared to 48 at the nearby Taco Bell, employees will vive for parking with customers. with right turn in and right turn out on the same driveway. Some customers will turn right and then turn right again right through the mobile home park and exit out on Tapo Street. With [clears throat] there being no raised median on Cochran Street, some customers will exit the site by making an illegal left turn onto Cochran. [snorts] Food supply deliveries will occur several times per week between 12 and 4 a.m. I'm told. Will that truck have a box mounted compressor up top facing the mobile home park? If this or any other service truck must pull in and back out onto Cochran Street, is that even legal? Given that there are trash, recycling, and compost containers on the site, how many trucks will it take to remove all three of those types of waste? With at least 12 dining seats plus patio seating, will a single unisex bathroom be adequate to serve both public and the employees? Given the potential for salmonella and other bacterial contamination in raw chicken, should the public utilize the same restroom as raw food preparers? Environmental services item A15 permites must have plans for mobile home park carports approved by the city. Why are some of the parking places covered while others are not? Why is there no provision or requirement for solar panels on the carport roofs to mitigate electric bills for that home mobile home park? My overall assessment, although the build built as a mobile home park, at least one of the dwellings located adjacent to Cochran Avenue is a recreational vehicle not designed for permanent or residential living. Having a high volume drive-through restaurant surrounded on two sides by a

non-conforming mobile home park will create both traffic and environmental issues not fully explored in this plan. It is not a fluke in timing. If not for a fluke in timing, we would not be here tonight discussing a conditional use permit for a project adjacent to a non-conforming business, both of which are contra in contradiction to the envisioned semi valley plan. Prior to approval of this project, the city should address the incompatibility of 16 residences directly adjacent to a busy commercial enterprise. Thank you.

Thank you, Mary Reeves. Um, hi. Is this okay? Can you hear me? Can you hear me?

All right. Better. All right. Um, so thank you for letting me speak here. My name is Mary Reeves. I'm a resident as well for the mobile home park. And I just want to give a little bit of a backstory about the the park itself because I suspect what you haven't what you're picturing unless you've been through that park, you probably don't have a real accurate picture of our little residents there. Uh so for me myself, I am a native of California and moved out of state and then unfortunately found myself into some un um unfortunate events that required I hightailed it back to California. And once I got back, and this was just not that long ago, I realized that this there was not a place within a thousand square miles of Southern California that I was going to be able to find a place that I could afford to live on a single income. So, I was so pleased to find this little mobile home park. Um, the neighbors are great, the landlords are great. It's it's been a a real positive experience and I'm so thankful for it. Um so the park itself is very unique. It's it's um it's got a lot of charm. It's so unique. It's one of a kind. So as you probably already know, right, that it was a um an orange grove and the orange grove the orange trees, there's so many orange trees still existing there. uh in in my little my little mobile home is um uh has a little orange tree in the back and these oranges are like you can't get these oranges anywhere

else. They're so juicy you can't even eat them but they make amazing orange juice. So it's it's a great place to live. the um uh the residents um understand please that the residents we we're not a young crowd. We are not a young crowd. Okay. Uh to give you an idea in fact um I I'm probably considered one of the youngsters in the crowd. Now I'm exaggerating a little bit but there we're senior citizens there in that park. And the reality is is we get it right. That that lot is we can't stand in the way of progress. That lot needs to probably be developed. It can't stay vacant forever. So what's going in there, right? The the Popeyes. It's inevitable. Something has to go in there. But uh we're not we're not great with change, especially as we get older. We're not great with change. I had to get a new purse and that was like high drama for me getting a new purse. So, we're not good. We're not good with change. Well, we've got some significant changes coming up here that's going to have a an impact on our daily lives. A significant impact. Let's start with um uh and Miss Chrisman, you you brought it up the the odor. Now, is there anything that can be done about the odor? So, we're talking about deep fried food, deep fried chicken, deep fried fish, and we have to assume that they're going to they're going to abide by the the rules and do the filtration system and whatnot. But the reality is is there's no way that that aroma and those odors are not going to permeate into our homes. That's that's the reality. So, that's just going to be have to that's just going to have to be something that we're going to live with.

So, that's a huge impact though is the aroma, the odors. The second thing, um, the light pollution. Now, nobody's brought that up that I've heard. And here's a here's a question. I mean, inevitably, and we already have some light pollution from from the strip mall across the street, but the light pollution that's going to occur. I didn't see anything mentioned um or on the slides about street lights or excuse me parking lot lights. Does that mean that the does that mean that the um there it won't be a lit parking lot or will there be

all lighting parking lighting have to be vooded and shielded away from and so there is we I'm so sorry you have to speak to the microphone but if we can have her finish oh should I just finish? Oh, okay. Or go ahead.

Okay. Yeah. Yeah. Yeah. Um Okay. So, so light pollution pollution is certainly a consideration. Uh and I understand that the um the kiosk is or excuse me, this the the well that remains to be seen how that's going to how that's going to work. So, um but then of course, let's talk about the noise level. Oh gosh, the delivery trucks didn't even that didn't even come on my radar. The delivery trucks uh for most of us bedtime. Yeah. About 8:00 at night. Um so yeah, it's going to be it's there's going to be a major impact with the noise level. And I love I always love going to a restaurant where there's outdoor seating. That's great.

Sorry to interrupt you. Your time was up 40 seconds ago, so we gave you a little

Okay, I'll wrap this up. Here's here's my takeaway. These three things are going to be these are huge impacts. What we're what's going The only thing that's going to help that is a wall. And if the wall is only 6 feet high, that's not going to do anything to mitigate these situations. So what I'm proposing and what I'm asking from the developer and those people who are making these decisions, let's make the wall higher. Let's go is it 18 ft? Is that even an option? We as the we have no place to go. This this is our last home. So please please do write by us. Help us mitigate these issues that are going to impact our lives.

Okay, that's it. Thank you. Sorry for going over. Since we don't do does anybody else wish to talk, can I have the developer back to answer those questions? So, in regards to in regards to lighting, the parking lot obviously has to be lit. And part of the um application package, we did submit a site photometric, which basically is a light level reading of the parking light standards. And it shows kind of these billowy bell-shaped diagrams on the ground, and it has the foot candle level. So, anything beyond our property line has to read at zero. And the light foot levels for any walking surfaces has to be at least a half a foot candle to properly walk from the exterior building to your car. So, we have them shielded. Light glare level is low. They're all LED lights, too, so they're very high efficiency. They're on a LCD um panel control panel, which is a lighting control panel. So they only go on at dusk and they go off early mornings. So nobody's having to switch anything. It doesn't just stay on all night or or things of that nature. It would meet the city ordinance of that requirement. And if I can backpedal a little bit as far as parking, it does meet the parking standard set by Seami Valley. So if Semi Valley had requested more, then we would have acquired more land to provide more parking. But we do meet that standard in regards to one stall per 125 square feet of building area.

Thank you. Are there any comments from staff regarding statements made during the public hearing?

Uh so referring to a few of the the comments that were made. Um I think applicant addressed a few of those. Um going back to the lighting, a lighting plan as per our conditions will be provided in the construction phase um for those phototrics. Um similarly with the odor odors need to be um per the standards that um are required for them. So it's it's that st that staple standard. Um visibility talked about the wall that was there. Um it does need to comply with the traffic safety site area. So there's the portions of the wall uh that's going to be proposed that can only be a certain height limit um so that visibility around those walls can be u met. Um uh I think there was a comment about hours of operation and if they went past their hours of operation. So um if they're proposing a certain hours of operation and then they don't comply with those hours of operation, that would be something that they would have to um then we would be able to respond to. Um and then um traffic. I know there's been some concerns about traffic in and out of the site. Um, we do have our our traffic engineer here that I would defer to him if um to uh make some additional comments on that. Um, I don't I think there might have been a few other comments that we might have addressed. I don't know.

And chairperson, the on the hours of operation, there is currently not a condition for hours of operation. Um, as you know, a lot of drive-through facilities may stay open or maybe just a window open. That's always a possibility in this day and age. Um, so currently there's no condition to restrict hours or restrict drive-through only. Uh, but some projects have conditions of approval for time limits. Um, and some projects also have conditions of approval for delivery hours. So if the overnight truck deliveries are an issue, the um project could be conditioned for like morning deliveries or something of that nature. Um, obviously that would be subject to um concurrence from the the Popeye's group to um see if they'd be amunable to that if you wanted to choose that option. And if you again, if you have any traffic circulation questions, our principal traffic engineer is here.

Thank you. If there's no further questions, we will close the public testimony portion of the hearing. Are any uh are there any comments or questions from the members of the planning? I I had a question of staff. Um prior to this being a vacant lot is my memory is that this used to be an Arco station. Is that correct, Mr. Morset? Uh that's correct. I think it was an AM maybe something like that. Yeah, thank you. Okay. [clears throat] I think it said that in the staff report. I thought so, but I I just called you out that you [laughter] It's okay. I just remembered I [gasps]

I've got one more question for staff. Can we have our traffic engineer just kind of walk us through uh the uh process of making sure that this is a safe area with school zone adjacent and major traffic cross-section? Not not to jump in, but can you go ahead and put up the um the slide that shows the traffic? I guess that one may or may not work. That one's fine because after you speak, I'll got some questions. Thank you.

Inter commissioners. Uh where would you like me to start? Just just maybe a real brief concept of how you propose that this is not any more detrimental than any other project that you know with the traffic state that you did.

Sure. So, uh, I think best to start with is that this project actually developed its Oh, thank you. developed its own trip generation rate because it doesn't necessarily conform with what we would normally anticipate of a drive-through restaurant. In fact, from the very beginning, uh, the applicant contended that this is a lower tripgenerating project. So as part of the traffic study they developed their own trip generation rate studied three other Popeye's which is the uh the requirement out of the institute of transport transportation engineers trip generation manual. So they follow those guidelines produced their own rate. So they are able to demonstrate that their project actually generates less trips. Now if you compare that project to a gas station which uh two of the the four corners of the intersection do contain a gas station. Uh the trip generation is probably about a quarter of what we would anticipate for a gas station and the configuration of the intersection is with the exception of north and southbound is the same all around. So the current gas stations on the southeast and southwest corners do allow for left turns into the project. Now the vehicle code does not say that it is illegal to make a left turn across a double yellow. So for somebody to be heading eastbound, they could make a left turn from the left turn lane into the project. That's not an issue. Same thing is occurring currently for westbound traffic into the gas station on the southeast corner. It is not technically legal to make a left turn across a left turn lane. So crossing the solid white is not a legal move, but it would be legal to make a left turn out and into the left turn lane to make a left turn heading northbound on Taplet Street. So uh in that regard the the configuration is not unusual for the intersection and there are uses at that intersection that generate more trips than would be anticipated for this project. Uh another likely more safe configuration as part

of this project is the elimination of all of the driveways around the project. So as a gas station you would anticipate anywhere between two and four driveways for access which of course always creates conflicts but is there right? They are reducing the number of driveways that are existing down to one which consolidates the amount of trips coming in and out of the project. So that is a safer configuration. They are also eliminating the backin or head-in parking spaces of the adjacent use which then reduces people backing into traffic 45 miles an hour, excuse me, 45 mph traffic on the street. So all in all, I would say the configuration that they are proposing is a safer configuration than what is existing. And I'm not sure if you go into this at all, but is there do you know if there's a um uh crossing guard at that intersection during school hours or before or after school hours? Do you know?

That is a very not the city. Uh I know the intersection is painted yellow. Uh so that doesn't necessarily mean that there is a crossing guard, but it and the the bus stop is on the opposite side in front of the car lot if I'm not mistaken. That's also a good question. and I would have to look that up. Okay. All right. Just Thank you. Sure. Um, as far as school is concerned, the the project would not be open. It would be open in the afternoon, obviously, during pickup, but it would not be open during drop off. So, 10 a.m. would not coincide with the AM drop off period. Okay. Can I go? Yeah.

We have a better picture under exhibit one that actually shows the driveway to the west of that. Do we have another picture that we can show? Nope. Nope. That's all we got. Go back to the first one, please. I'm sorry. You're referring to figure one or exhibit one? The exhibit one, which is the reduced exhibits. So, there's several several pages in exhibit one. Page two of 10. [snorts] It just shows the other driveway coming out of the mobile home park. That's kind of what my questions are going to relate to.

So, if we don't have it, we can just put up the first one and we can kind of go from there. Okay. This is the same photo as that exhibit. Just has some uh So, there's a driveway there coming out of the mobile home park. Correct. Correct. Yes, that's correct. I believe that's the would be the future configuration. Okay. So, these guys come out, they can turn right. Correct. These guys come out, they can turn left. Uh they can as long as they are turning left into the left turn lane to make a northbound left on Tapo Street. Okay. But they're still turning left over. They're crossing over Cochran and turn left. Correct.

So what's the distance from here to here that these guys are going to come out at whatever's miles an hour beyond the gas accelerating. These guys here are going to be coming out turning left coming that way. Same way. And in theory, they're both going to be potentially at Cochran at the same time, heading opposite directions. One guy is coming out to the left, one guy's coming out to the right. I would expect that the potential for that to occur would be very low. It is certainly a possibility. Do you have any idea what that distance is? I couldn't I don't not without a scale.

Uh let's see. based on if you were to guess with the width of a parking stall being 9 ft I would say 1 2 3 four five six about 60 ft okay what is the I think you already said the markings on if I come out here and I want to go to the left I'm crossing over two lanes of traffic to get to a middle or to the turn lane correct and the same if I come out of here I can go left and Is there a turn lane there or what's that lane markings? If I come out of there, is that the start of the turn lane or is that crossed off? Do you have any idea?

I can pull up a different image of of the aerial of it. Again, it it just it's scary that you have two driveways that people can come out this way and that way. I know we had the same issue on some other developments. Right turn only on the exit of the traffic. No, it's not because what I just said, they they can come out and turn left or they can turn to the right. These guys coming out here can turn left or turn right. Is there any way we can make either one of those driveways a right turn only? I guess in theory we can condition it.

We could condition it, assuming that the applicant present tonight has authority over both properties. I I don't know that we could condition this driveway unless the the owner would be the same.

Okay, that that makes perfect sense. Um and the other question, thank you very much for your time. Just for staff or is there any code in the city of S Valley? And I think Sean already answered the question. I just want to verify that there's no code in the city of Sun Valley that a restaurant can be open 24 hours a day. Well, that that's the proposed hours, but is there any code that prevents a restaurant from saying, "We want to stay open at midnight. We want to stay open at 4:00 in the morning." If not, is there something we can do to condition the hours? That's correct. C certain restaurants are, as quoted, always open. Okay.

So, so it's not a it's not a restriction unless a conditional use permit in this case happens to be a drive-through facility, which triggers a cup. Theoretically, you could add a condition to limit hours of operation. Okay. And the same for deliveries. Is there a way we can add in that deliver they can't deliver prior to 5:00 a.m.? Uh yeah, that as part of the cup review, those certain site specific issues come up. So that allows you to add that condition um to the uh to the request.

Okay. Any other questions? Yeah, the traffic engineer need an edification. Uh Mr. McGintis McGillis McGillis uh indicated that uh uh patrons leaving the restaurant could hook a right and another right and drive through the uh uh mobile home park to get access to Tapo Canyon. Uh are there rules that says that they they can't have a gated entry uh for that uh access off of Cochran Street for the mobile home park?

They could they would have to meet certain requirements for the location of the gate. So there would be had to be sufficient queuing distance so that they wouldn't be able to park on the street or on the driveway or block the sidewalk. Uh I'm not sure the utility of entering the adjacent site and then turning onto Tapo Street necessarily unless they were going to continue south because there is a median on Tapo Street. Right. So they couldn't make a right into the mobile home park and then make a left to go north on Tampa Canyon. Yeah, I remember that being a median there and Okay, that that answers my question there. Thank you. Any more questions? No.

No. Thank you. I I do have a question for uh you Sean. Is there anything that we can do uh about odor control? So, it's been it's been a long time since the odor issues come up. Somewhere around 2012, we had a other facility where that that came up as an issue and [snorts] a request was made to do a supplemental um odor study maybe a very specific type of study to repair. I know what I don't recall the results of that other you know obviously filtration is usually the main issue and you know if specifically mitigation measures might say triple filtration like the applicants indicating which might might recommend a certain level filtration uh but yeah the specifics of that study is you know I guess very scientific and you could probably say that for any restaurant whether it's a drive-thru or not. Um you know we do understand there is a you know the type of user um the product being that's being cooked and how close is a residential. This will come up on mixeduse projects and anything adjacent to residential wind direction things like that. So, um, that's it's not out of the question, but how beneficial it will be or what if the results will change, I really couldn't tell you.

Thank you. I I would like uh for us commissioners to discuss that what Commissioner Man said, uh the hours of operation to add that as a condition and and the delivery hours. Um, I got one more question. Either staff or whoever is there was a comment made that there one of the 16 homes is an RV. Can that be addressed or asked about as opposed to a mobile home?

Uh, so one of the the considerations that we took in this project overall and I think it was mentioned by one of the comments is that the mobile home park is a nonconforming use, non-conforming site. um has been around for quite some time and so there's a probably a good amount of things that are on the site that are we would consider are non-conforming. Um and in this consideration there's improvements being done to the site that are not increasing the nonconformity. We can't say that all the non-conformities are gone. Um but we uh there are certain improvements that are being done to the site to help the site come more into compliance with our current state and our current code. Um but it is a non-conforming use. So the the applicant has has tried to to do their best to to improve upon the site without um increasing any non-conformity. So to touch on um the trailers or the mobile homes um I wouldn't be able to to verify what how many of each exist.

Thank you.

Anybody else? Chairperson Kristen, just one more item to answer Commissioner Mann's question earlier about the um exiting on the cochran street and uh Mr. Link kind of mentioned the driveways. Um if if you look at the existing conditions and if you recall that conditions currently um putting in those you see the two driveway cuts currently now there's straight end parking off Cochran Street. So this could be considered an improvement to the situation because it's just one big ramp where you could park in front of the existing building and back into Cochran Street. So this may actually also be considered an improvement to the to the situation

for your consideration. I mean it certainly is an improvement to the to the site. Another quick question. If [clears throat] if the uh what's the current zoning allow for this property under the new uh overlay? Uh, could a gas station be put back onto this site

or an ammic matrix? If if my staff beats me to it, they could chime in. That would also be a conditional use permit.

Uhhuh. This is mix Neil. Which zone district is is this in? Tapocot FG GKF. Okay. Yes.

So much like all our zoning districts, there's a a list of permitted uses in each zoning district. So there's a laundry list of uses allowed here. Um the number one goal of M see value is mixed use. So, it could be a combination of housing and uh retail type uses or compatible commercial uses, but anywhere from things you'd see typically in our retail zones, right? Health and fitness facilities, uh, religious facilities, schools, a gas station is permitted here with a conditional use permit.

Yep. And, um, sitdown restaurants are permitted. uh various uh retail stores, offices, banks, daycare centers.

Um Sean, I have facilities,

the um use tables up on the Envision Zi right here. Just as Sean was mentioning, it's an extensive document. um this section over here, the tapocot fig, there's still a large amount of uses that would be permitted here. Um and in uh going with the previous code where a drive-through restaurant is is not permitted in in the envision seeing me, but in the older code, um there are a lot of other uses that are um potentially and going to some of the other comments about like parking. if the envision see um requirements were in place, there would be substantially less parking that would be required um versus what the municipal code requires. So there's a little bit of give and take um depending on which what you which code you end up going by. But um as we we uh clarified, gas stations right here is allowed with a conditional use permit.

That answers my questions. Thank you. Thank you. Any other questions or comments? I have a comment um regarding the discussion about potentially modifying or conditioning the hours of operation or delivery hours. Um one concern that comes to mind is because it's a franchise and not an individually owned business, I don't know that the person with authority or the entity with authority would be here to be able to agree to that. Um, so I don't know if you're considering either of those or both of those if you would want to consider um potentially continuing the item to do that. So just something to think about. So I don't know if the decision maker is here. Does not seem like that is the case. That is all.

Thank you. Are we considering that? We got restaurants in town. Jack in the Box is open 24 hours, right? McDonald's is open 24 hours, right? To say, "Oh, this one you have to change the hours and and enforcing it."

I don't want to jinx anything, but you know, or whatever. But, you know, I mean, because it's a Popeye's today doesn't mean it's going to be a Popeye's in 20 years. So, [snorts] so ours may be different. So, agreed. No, we're close to public hearing, but if if if every if if I can reopen it. Why don't you reopen? I

I will reopen the public hearing and you can come up. After speaking with Tom, the project um manager for the client, [snorts] he's amicable to agreeing to adhering to the 10 by 10 10:00 a.m. to 10:00 p.m. That is his hours of operation. He has no whims to change it. They don't stay open after 10:00. And if 5:00 a.m. delivery service is the earliest they can deliver to, they would adhere to that as well. if that would um appeal to the neighbors and show that they're trying to accommodate and address any concerns that neighbors might have. Thank you.

Thank you. That is very nice. I My concern is about the neighbors because it is very close to their homes, but it's nice that you guys want to be great neighbors. I I really appreciate that. Um so, we're going to close the public hearing again. Um um the chair will now entertain a motion. Oh, I'm sorry. May I have the reading of the resolution first? Are we done discussing? Oh, are we done discussing?

I I I've got a couple opinions on the whole project itself. I in my opinion, I've got two cards that came up from the public that says basically no on this project. And we've got some uh one uh hairdresser that's getting relocated. So, she's moving out. In my opinion, just my opinion is that the entire lot should be redeveloped. Uh not just the corner lot, not lot not not just lot one, but lot one and two to go along with our envision of Semi Valley project. That's just my opinion. um as [clears throat] as it is, you know, we're have a bunch of non-conforming houses there. We're just pushing down the road till those need to be relocated or eliminated. And to have this project kind of be kind of a patch match, you know, um that's just how I feel. I mean, there's there's lots of good things about an empty lot being changed. There's lots of good things about potentially having a another choice for Popeyes at this end of town, but in my opinion, use both lot one, two, lot one and two and make it more appropriate to envision Sen Valley.

Thank you. Anybody else? No more comments. Okay. May I have a No. May I have a reading of a resolution?

Resolution number SVPC12-2025, a resolution of the planning commission of the city of Seami Valley approving a conditional use permit CUP-S2024-00002 to construct a new 2,172 square foot drive-thru restaurant on a 0 52 acre parcel and improvements to the adjacent mobile home park located at 2401 Tapo Street and a determination that the project is exempt from the California Environmental Quality Act. The chair will now entertain a motion. I don't have [clears throat]

I move to adopt the resolution deny the

I'll second that motion.

Call for the vote. It was to deny Just to reiterate, this is a motion to deny the project. The vote is at a stalemate. Can you please state your grounds for abstension?

Uh, yeah. I'd like to I'd like to see this uh project get worked out. I understand John's concerns with that whole lot one and lot two moving forward, but uh instead of just just placing a hairdresser at this point in time, you're displacing 15 16 residents that we don't have a plan for. So of which one of the residents said no on this project. Say again. One of the residents of the 16 said no on this project. I believe it. Yes. That was the only We had two two public comments, right? Both said no. One of which was a resident, right?

So, the residents are here and they're voicing their concerns about this portion of the project moving forward. And I understand the long-term goals of this. I I'm thinking that there's a resolution here uh that can be worked out between the developer and uh the lot to folks as well. That's why that's my reason for abstaining on this. And I I also agree with you, John. I would I would like this whole site to be different, but I'm also I also have a concern because one of the residents said that that was the only affordable place in like thousands or more than a thousand of miles that she could afford to live back in California. And I don't I I cannot take that action to take that away from them, especially in this economy.

I know there's potential properties or lots in the city units can be moved to less than a thousand, you know, less than thousands of miles. Thousand miles away. [laughter] I I do appreciate that. So, okay. So, back back on discussion. Yeah,

I think it's a a good project for the corner if we really want to develop the both lots one and two. There's no way that development of lot one and two would happen without unfortunately displacing the 16 or 17 residents. Whether or not we can find someplace that they can move to, I'm not sure if the question was put to them. Would you want to rather have a Popeye's or would you rather be basically homeless because you're going to develop both lots one and two. I'm not sure how they would vote one way or the other. I kind of think that people like to have a home that yeah, I'll tolerate a Popeye's next to me before I run the risk of being homeless. But that would be a question that we could certainly ask if we wanted to reopen public comment, but again, that's not really what we're here for. Uh to try and come up with a whole plan for lot one and two because that's not on the table in front of us right now. But I think that most of the residents would rather be putting up with the Popeyes if that's their option as compared to being homeless. Uh, is there another option for a different development to go into lot one? The the the case before us, that lot's been vacant for 25 years, and this is the first person that's actually come forth to do something with it.

We had a project four years ago. Three years ago, what was it? Three years ago. Drive-th through car wash. Okay. Um, denied. Yeah. Um, again, for the vote that's before us, that's why I voted no to John to go ahead and say no, I don't agree with denying it. Is there something else we can do? Possibly. But for the projects before us, I kind of think that we have to go with making that decision on that one, lot number one or whatever it is versus combining the two lots together. That's why I voted no to John.

I I'll go ahead and add to that. That's why I ask for for the other uh potential uses of that property. Uh deal with the monster that you have today or take a pick list of monster that you may have tomorrow if this doesn't get developed as as proposed today. And if I was living there or my mother was living there, that's what I would consider. Do you want a car wash there with the blowers and the rest of that stuff doing? Do you want an amm back there? I I think I would choose the uh the drive-through restaurant over what is on that pick list. Yeah,

there just it's such a even with the lot line adjustment is still such a small lot to try and develop into something. It you know it's going to be a drive-th through something because it's not big enough for any type of retail space. It's not big enough for a bank. Again, it's been vacant for quite some time and very few people have shown an interest in it. So, I applaud you for trying trying to make it work and we'll have to see what we can do here. So, the motion has failed. Uh, can I have the legal counsel just explain what our options are?

Yes. So, the motion has failed. Um, the absention counts as a no. So, you don't have a majority vote. Um, you can uh make a motion to reconsider. Um, otherwise the motion has failed. I have a question of council. Um, is there the possibility of continuence or since we've voted, can we not continue? I mean, and that would be at the discretion of the um applicant, I imagine. But I guess we need reason for reasons for continuence also. Um, well,

if the applicant sees that possibly might be able to, you know, come up with a reason, maybe win over one of the commissioners, then I think that maybe um so one example might be to provide additional outreach to the neighborhood or the res. Definitely. Definitely. or maybe work on some way to reach out maybe more to the mobile home park or do more for the mobile home park or if there's a specific design consideration relate to the conditional use permit. So staff would need direction and so would the applicant need direction if you did choose a continuence.

Okay. I mean sorry maybe we can build a bigger wall come up with a better I don't know better ventilation system uh offer additional car ports offer solar on the car ports. I don't know what we can do. Just ideas for the developer if we take this under consider if we take this out to table it to another date. Not to interrupt, but it sounds like you have a lot of issues that you want to look into further. So, one of your viable options is do a motion to reconsider um in the form of continuing right to a date certain in the future. Does that sound like an option, Sean? uh usually date uncertain is the would be the situation in this case.

Okay. So to a date uncertain and I guess we need specific uh clarification and um specifically we we probably need to take a look at um the uh for the commissioners present the nature of uh abstensions from a from a vote on how that um how that should be looked at. um if there's specific reasons uh to abstain versus um choosing a choosing a vote.

Am I wrong also that whether we vote yes or no on this, it goes before the city council next for prior final approval. If we deny it, uh the applicant would have to appeal it in this case. Okay. Okay. So again with the cup if we approve it it's it he's got it there's there it doesn't go to city council from here only if appealed. Okay. Only if we deny and he appeals, right? Because if we approve the project, there's it goes to the Well, does it?

Now, let me let me clarify. If if the project's approved tonight, then there's an appeal period. If someone does not like the approval, if it's denied, someone does not like the denial, it may be appealed also. Okay. So, again, in theory, if we deny it, the applicant can appeal. If we approve it, anybody from the the mobile home park or anybody in general can appeal the approval. Everybody, city council, that that's correct. Okay.

And it and if it's a if it's a two- two vote, whether there's, you know, [clears throat] three commissioners or four commissioners or whatever, um, if there's a if there's a conflict, um, a two vote is essentially a no vote. The city attorney could correct me if I'm wrong. What was the reason for the abstension? Did we get that? Yes. Yes, we did. Okay. So, here she was here. Yeah, I do.

I I think there's some more negotiation that needs to be done between the applicant and the adjacent land use um occupants. uh that uh they've already come back to the dis and indicated that they're willing to make changes and and uh two or three of the items. So either we can add conditional uh conditional requirements for that or we can uh continue this and let's see what they come back with and petition the uh the affected homeowners, right? And we'll take a look at it again. I I just don't think it's resolved.

Do we need to get the applicant's approval for a continuence?

It would be good to ask the applicant if they're immunable to a continuence to evaluate some of these items if you'd like to ask. Yeah. Yes. Um uh so I'm going to open the public hearing again. Yeah. And if I can have the applicant come up.

Yeah, take your time. Take your time.

It's your vote. I'm looking at you. [laughter] If you want to reconsider both of the motion, then the motion to deny it goes away. So it's the motion to deny failed that it failed. So if you guys wanted to continue, I should have done that in the first place. Motion to deny. So

yeah, a second motion to continue. I just don't know motion to continue. I think the res.

I'm sorry, but everybody needs to be able to hear you. So that's why I'm telling you to come. Are we reopening public hearing? Yeah, I reopened. Sorry, I missed that. John John was talking to me. I won't I won't say

um I need to clarify. I did not say no and I I'm not sure. Were you speaking to to with regard to my comments? No. I'm sorry that if I did not make myself clear plus on my card, I think I filled out my card. If you could confirm that I did not I did not say no to this project. Um what I my point being is I wanted to see um a higher wall Um, and that's the and I'm speaking just for myself, not for all the residents, but but I did I did not say no to [snorts] three three concerns about the project, but hear me when I tell you I did not say no to the project. Thank you for that. And that's it. Thank you. Um, if the applicant is ready,

I spoke to I spoke to the owner's project manager and he's willing to agree to a continuence and speak directly with the neighbors if need be. We did have two neighborhood council meetings and no one from the mobile home park did show up, but that doesn't mean there's concern still out there. We're amicable to the hours of operation. more amicle to agree to the timing of delivery, not to be earlier than 5:00 a.m. And a six foot block wall is city standard, but we can agree to go to eight. 18 is basically,

you know, two foot lower than the ceiling here, [laughter] so scalees a little off, but we can go to an 8 foot block wall. Um, I don't know about the filtration system. I would have to talk to the mechanical engineers and see what options are there. I can't commit to anything like that because I would have to speak to the specialists in regards to what it does and how it performs and what more they could do if possible. Thank you. And some other comments just to help out were the solar require.

So any new project in the building code since 10 2010 any commercial project has to have solar. So the Popeye's itself would have to provide a certain amount of solar and that would either be solar on the roof or solar and in the form of a car canopy on our project. Mh.

But the realignment between the lot line adjustments in the mobile home park and the parking covered parking which is meets city standard ordinance. Two two parking stalls per residence, one being covered, one being under uncovered. So that meets the standards of the city. But adding parking in parking structures does not trigger any code requirement to provide solar. That would be the mobile home owner is deciding to do that. But him as a can't be a you can't be a utility company to your tenants. So even if you put solar on the carports, the solar would only be allowed to go to the house panel lighting the general lighting or irrigation system to the mobile home park. The individual residents would never be able to benefit from it because he as an owner or developer can't be a utility company to his tenants.

So hopefully that clarifies that. Thank you. Does anybody else have questions for the applicant? Thank you so much. I will close the public hearing again. Um, does anybody go ahead wish to I'd like to take a short recess to evaluate the procedural implications and then that way I can guide you guys. Sound good? We're going to take a short recess.

We're back. Um, can I have a motion to continue to date certain and uh do you do you have dates to offer to us? Do we first make a motion to continue? Okay. So, the um applicant advised that he would be amanable to a continued date. We'd like to pick a continued date certain since the motion failed. So, commissioners are considering proposing a motion to continue to a date certain. So, they're going to go ahead and see what date we'll have everyone here or mostly everyone here so we can set that. So, let's start with the date. We're looking at January. So on our follow-up item 11B1, we were proposing a date for January 21st. We could set that date if you choose to do a motion for continuance as a as a new motion. So date certain, this would not require renoticing of a public hearing if the applicant may be available on January 21st if that's the um chosen motion. And if I may add, um, if that motion is to be considered, my understanding is the grounds for the continuence would include reconsideration and further um, investigation into issues that were brought up, including without limitation the wall, um, the odor, traffic, hours of operation, and delivery times. If I miss anything, you can do that uh, when you make the motion.

And you want to call the applicant back up? I'm I'm going to open the public hearing just to call the applicant to see if you're available on January 21st if you can come up. I'm so sorry, sir.

I would be representing the applicant. Uh so I'm here now uh and and I I'm sure we can confer on the delivery hours and the time of operation right now and you can put that in as part of the plan. I don't think we have to delay the process if that's if that's a big issue to us. It's not a big issue. Currently the the Popeye's owner who's doing this work owns seven restaurants. All of them are 10 to 10. That's the operation and all the deliveries are, you know, early morning as in between three and 5 in the morning. So, I'm so sorry to interrupt you. Are you going to be available on January 21st?

I'm going to have to be if that's if that's the rule of Thank you. Thank you so much. But but understand I'm I'm just going to have the the council explain why we can't um continue right now to to to have a vote. So we'll be here. Okay. Thanks for confirming your availability. Thank you. So as mentioned, one of your options is you can propose a motion to continue to that date certain. Um and can can I have a motion to continue to a date certain which is January 21st? I make a motion that we continue do I need to reference the case number? CUP.

Sorry, Mike. CUPS 20224002. Certainly. CUPS 20224002 to a date certain of January 21st, 2026. A motion was made by Commissioner Man. May I have a second? I'll second. Call for the vote.

The vote passes unanimously. Thank you. Uh, chairperson Chrisman staff will work with the applicant to address the concerns raised in the public hearing tonight and bring back a report on the 21st. And I don't have the appeal period. We will continue to the next item. Um, the next item on the agenda is uh item Oh, she they told me that period. I'm sorry. No appeal period. No appeal period continue for the continuence. That's what I

I can say it either way. No, I don't. Sorry. Uh the next item on the agenda is uh um our plan our our planning commissioner meeting dates in 2026 and it's open for comments from the commission.

Okay. And checking my calendar, I would prefer uh that we not have it on August 5th and either August August 12th works fine. That's the only conflict I see on my calendar. Can I make a suggestion that we do both of the um alternate August dates instead? I'm good. Would that be okay? Yep. Okay. I can't be here on September 9th. Okay, hang on. Let's Let's So, are we going to change August? Yes. Both. Changing both August. Circle them both. [snorts] Okay.

And you have September, too. My interrupt. My apologies for interrupting you. No, no, you're [clears throat] okay. Yeah. I I I'm I'm not going to be here September 9th. And I know Commissioner Man has I will not be here on the 23rd of September. And looking at the alternative dates, I would be missing the 30th as well. So, makes no difference to me what date you pick on in September. I can do the 16th.

I can do [clears throat] the 16th, but I could Yeah, we if we go to the alternative dates of 16th and 30, I just won't be here on the 30th. say the 30th.

Anything else?

Uh I will not be available on May 6th. And looking at the alternative of we go to the alternative schedule of 13. Hang on a minute. Sorry. Uh, I would not be available on the 13th either. So, yeah, May 6. I would be available on the 20th, but I can't do the 13th, but I can do certainly the 20th and 27th without a problem. So, either way, I'll be missing one of those days.

[snorts] So, whatever dates work for everyone else for May. Okay. Um, oh, I'd like to move March 18th to one of the alternate dates. It doesn't matter which one. Probably be better to move it to the 25th if possible.

[snorts] any any other requests? Okay. So, I'll try to summarize this um [clears throat] one by one. Starting in um March, we would have a March 4th date. And if everyone wants to move to March 25th, we could have a fourth and a 25th. Yeah.

Okay. [snorts] Hey. So for the month of May, Commissioner Man is absent May 6 and May 13th. if back-toback commission meetings are a little difficult, but um unless there's a consensus, either have a meeting without commissioner man one of those days or keep the way it is and just say works for me. Yeah.

Okay, I'll send you a postcard. [snorts] Um, looking at August, um, I think that was Vice Chair Kennedy was not available, the 5th and the 19th. Alternatives. So, if we went with the alternate dates, the 12th and the 26th for August, that works for everyone. We could do the alternate dates and make the 5th and the 19th the new alternate date should something come about. Okay.

And then September I am not available the 23rd or the 30th. So again just have a meeting without me and someone's not available the 9th. Meth 16th. [snorts] So just go with the alternative 16th and the 30th.

U we we could do the 16th and the 30th. Whoever was absent on the 30th would not be able to That would be me. Okay. Live without it. You guys can do it without me. [snorts] Yep.

Did November just get Oh, there's no alternative dates for November. Sorry, my bad. And obviously a proposed date is December 23rd is um Should that be moved to the 16th? That might be a wise choice if everyone agrees. Yes, assuming we're having a meeting. Yes. [snorts] works for me. Great job.

So, um if you just want to make a motion to um accept the suggested revisions and staff will uh rewind the tape and make sure we got all that. Can I make Can I have a motion to accept the suggested revisions? Move to accept the suggested revisions. revisions. Second. Do we have a vote for this consensus? It's a consensus. It's a consensus. Okay. Does um staff have anything to report? Oral communications and reports?

Yes, Chairman Chris and members of the planning commission. Thank you all for coming back from your extended recess. Um we have you know we receive a lot of inquiries on what are we doing these times you've been gone just I want to assure everyone that um planning is quite busy on a variety of projects. Um I can't get into the fine details of them but again there's several administrative level hearings which um cross your end boxes. So we do have uh lower level type hearings. Also, we continue to work on um various larger scale projects. Um some of these names I'll mention uh uh might sound familiar. North Canyons, Slo Canyon, Rock Canyon. Uh we have a Cochran Street residential development, uh Butler Ranch request, a project on waste management property, various housing projects, semi valley town center, and also um we expect a number of various code updates to further implement our housing element um to further um adhere to state of California um requirements that we are consistent with our housing element. So, we are continue to be busy. So, we appreciate your patience and bringing items back to you. Thank you.

Thank you, Sean. Uh the Do any commissioners have anything to report? I do. On October 16th, I attended along with uh Commissioner Man the housing conference in Camaro. It was a very good day. I concur. I attended there with Commissioner Tulsen. Does staff have anything to report on the mobile home rent mediation board? No items tonight. Tree advisory board. Does staff have anything to report? No items tonight. However, um we did send out a memorandum regarding a tree removal permit today. So check your inboxes.

Thank you. This concludes the meeting of November 19th. The next schedule meeting date will be December 3rd. This meeting is adjourned. Yeah. Didn't see this one coming.