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After further discussions, Commissioner Segura indicated that she believed the problems located at 828 North Bristol Street were not directly related to the operations of the In-N-Out restaurant and moved to approve Conditional Uee Permit No. 96-18. The condition of approval requiring the Bite to conform to the lighting standards and staff's request to limit the hours for the walk up window would remain. Commissioner Doughty seconded the motion. Commissioner Nalle withdrew hie motion but requested staff to look into the matter regarding 828 North Bristol Street and address the issues raised by Mr. Spain and report back to the Commission the actions taken. Mr. Adams further stated that there was a problem with loitering on Bristol Street and staff would take the responsibility and address the issues raised by Mr. Spain. After further discussion, Commissioner Segura withdrew her previous motion and Commissioner Doughty withdrew her second of Commissioner Sequra•a motion. Commissioner Mondo moved to approve Conditional Uae Permit No. 96-18 with the deletion of the condition number three limiting the hours of operation for the outdoor dining area; and added two additional conditions of approval to: 1) conduct two additional internal reviews of the project at three months and 18 months after commencement of the business; and 2) for the owner of the restaurant to be responsible not to allow noise to be audible beyond the premises. The motion was seconded by Commissioner Nalle. Madam Chair Brown directed staff to take a vigorous approach to addressing the problems stated regarding 828 North Bristol and hold the owner accountable for the action taken at the building and to report back to the Commission and direct a letter to Mr. Spain regarding the follow up actions. Commissioner Pedroza stated that she agreed with the motion. Commissioner Oliver noted that the additional reviews would allow the nearby residents the opportunity to report any concerns to staff. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 5. CONDITIONAL USE PERMIT NO. 96-20 (Marta Crane) Filed by An Quoc Tran and Mai Tai Khong to allow after hour operations at the Thien Thanh Restaurant located at 5423 West First Street in the General Commercial zoning district. LEOAL NOTICED: May 5, 1996 PUBLIC NOTICED: May 6, 1996 RECONNENDATION: Approve Conditional Uae Permit No. 96-20 as conditioned by staff and adopt the findings as submitted by staff. Ms. Marta Crane, Assistant Planner II, provided an overview of the applicant's request to allow after hour operations until 3:00 a.m. on Fridays through Sundays, and on holidays. Ms. Crane stated that the restaurant had been in operation for six years; it was average in police related incidents; most criminal activities involved burglaries and disturbing the peace. Staff did not anticipate any adverse impacts due to the hours of operation and recommends approval of the request. Madam Chair Brown asked if the restaurant had an alcoholic beverage license. Ms. Crane indicated the restaurant did have an alcoholic beverage license. Commissioner Mondo asked if the no loitering signs should be in English and Vietnamese instead of English and Spanish. Ma. Crane responded that the Police Department was requesting the signs to be in English and Spanish. Mr. An Quoc Tran, applicant, indicated that he had received several requests by customers to operate the restaurant after hours on the weekends and holidays and expressed that he believed it would provide additional business to the restaurant. Commissioner Oliver asked Mr. Tran if he would conduct business on both American holidays and Vietnamese holidays. Mr. Tran responded that he would only conduct business on American holidays. That his customers celebrated American holidays. Commissioner Oliver asked Mr. Tran what hours he sold beer and wine. PLANNING COMMISSION MINUTES 6 MAY 13, 1996