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3. CONDITIONAL USE PERMIT N0.2010-16 <br />Filed by Bill Mason to allow the existing drive-through window at Arsenio's <br />Restaurant to operate 24-hours located at 751 South Harbor Boulevard, Building <br />H, in the North Harbor Specific Plan (SP2) zoning district. <br />PUBLISHED IN THE ORANGE COUNTY REPORTER: September 3, 2010 <br />PUBLICLY NOTICED: September 2, 2010 <br />RECOMMENDED MOTION: <br />Adopt a resolution approving Conditional Use Permit No. 2010-16 as <br />conditioned. <br />Principal Planner Vince Fregoso presented the staff report and recommendation. <br />Commissioner Yrarrazaval commented on the 25% of window coverage with <br />signs; recommended step up enforcement of policy. Staff will notify Code <br />Enforcement to monitor periodically as well as the Police Department. <br />No written communications were received. The public hearing was opened. <br />Dave Lopez, Riverview West resident, spoke in support of the project. <br />Bill Mason, architect for the owner, stated that his applicant has agreed to limiting <br />the use of the outdoor menu speakers after midnight, but would like the <br />opportunity to have the matter reconsidered after one year. <br />The public hearing was closed. <br />Commissioner Acosta commented on the 24-hour speaker box requested at this <br />point. Executive Director Trevino indicated it would cause more neighborhood <br />concerns and stacking issues. There would be compatibility problem and unlikely <br />the request would extend beyond the midnight hour for operation. <br />Bill Mason inquired as to when the applicant could operate 24-hours. Staff <br />indicated an appeal would be required for further consideration. <br />MOTION: <br />1. Adopt a resolution approving Conditional Use Permit No. 2010-16 as <br />conditioned. No further conditions regarding the extension of the intercom <br />box beyond midnight hour for operation. <br />2. Planning Commission changed Police Condition No. 1 -Any graffiti painted <br />or marked upon the premises or on any adjacent area under control of the <br />licensee(s) shall be removed or painted within 24 hours of being applied. <br />MOTION: ~ <br />AYES: <br />NOES: <br />• ABSTAIN: <br />ABSENT: <br />Acosta SECOND: Walters <br />Acosta, Alderete, Betancourt, Gartner, Turner, Walters, <br />Yrarrazaval (7) <br />None (0) <br />None (0) <br />None (0) <br />4. PUBLIC COMMENTS (for items not on the agenda) <br />No public members spoke. <br />5. STAFF COMMENTS <br />No comments were made. <br />Planning Commission Minutes Page 4 of 5 September 13, 2010 <br />