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<br />3 <br />PLANNING COMMISSION MINUTES March 11, 2019 <br />Legal noticed published in the Orange County Reporter on March 1, 2019 and notices <br />mailed on March 1, 2019. <br /> <br />Case Planner Gomez provided a staff report which included a project description, project <br />background and project analysis. <br /> <br />The applicant spoke in support of the matter; however, she expressed concern with <br />Condition no. 3 of the conditions of approval (Exhibit A of the Resolution). Disputed the <br />nexus between a Property Maintenance Agreement recorded against the property and the <br />permit to sell, service, and consume alcoholic beverages. Believes the property owner, not <br />the tenant, should be responsible for property maintenance; the tenant lacks authority to <br />enter into a maintenance agreement with the City as they are not the legal property owner. <br /> <br />Staff reported the condition regarding the Property Maintenance Agreement has been <br />added to all discretionary action items as a condition of approval. The property owner, in <br />addition to the tenant, is a signatory to the discretionary action application. For this reason, <br />the property owner would be compelled to comply with the condition. <br /> <br />Commission generally agreed that property maintenance is important but a nexus between <br />the condition and the alcohol sales must be made. Staff suggested that the language of the <br />condition be modified to include maintenance of tenant space only rather than the <br />maintenance of the entire property. The applicant indicated that she was not satisfied with <br />the suggested modification. Staff recommended the matter be continued to allow staff time <br />to work with the applicant. <br /> <br />One letter in opposition was received from the following individual: <br /> <br />• S. Ali Surti <br /> <br />Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing <br />was closed. <br /> <br />MOTION: Continue the matter until March 25, 2019 <br /> <br />MOTION: Contreras- <br />Leo <br />SECOND: Nguyen <br />VOTE: AYES: Alderete, Benavides, Contreras-Leo, McLoughlin, Nguyen, <br />Rivera (6) <br /> NOES: None (0) <br /> ABSTAIN: None (0) <br /> ABSENT: Cano (1) <br /> <br /> <br /> <br /> <br /> <br /> <br />B-3