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Mr. Charles View, Senior Planner, indicated for this particular case, at the time the applicant filed, a CUP was not needed because it had been less than six months since the applicants' began operating the convenience store. The license was still valid. Commissioner Oliver asked if 7-Eleven continued operations, would a CUP be required and if the case before the Commission was solely based on the applicant missing the deadline of the license by a few days. Mr. Lay stated a conditional use permit would not be needed if 7-Eleven had continued operations and the Commission was making a decision based on the applicant missing the license due to the expiration of the six month period. Commissioner Oliver moved to confirm the Zoning Administrator's action. In addition, he mentioned that his recommendation was based on a narrow margin accepting the decision. In addition, he expressed that he did not recommend an endorsement of the process but the process to the applicant may have been misleading. Commissioner Pedroza stated that she was not comfortable with making a determination with any motion and expressed that she would like to continue the item and receive more information. Commissioner Mondo stated that he was prepared to deny the request prior to the hearing but was concerned about the process by which the case was handled and was now inclided to approve it. Madam Chair Brown seconded Commissioner Oliver's motion and requested a roll call vote. AYES: Brown, Oliver, and Segura NOES: Mondo, Na11e, and Pedroza ABSENT: Doughty Commissioner Nalle stated that he agreed with Commissioner Pedroza. He did not want to see liquor sold at the site, but he felt the applicant may have been caught up with the process. After further discussions, Commissioner Oliver moved to continue Appeal No. 96-02 to April 22, 1996. The motion was seconded by Commissioner Nalle. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura ' NOES: None ABSENT: Doughty 3. CONDITIONAL USE PERMIT NO. 96-12 (Jamie Watanabe) Filed by Pizza Hut, Inc. to allow after hour operations at an existing food establishment located at 715 North Harbor Boulevard in the Specific Plan 2 zoning district. LSOAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 Approve Conditional Use Permit No. 96-12 as conditioned by staff and adopt the findings as submitted by staff. Mr. Jamie Watanabe, Assistant Planner II, provided a brief overview of the applicant's request to extend hours of operations. He indicated that the project was located in a commercial retail center that was considered average in police related incidents and staff believed no adverse affects would be created by the after hour operations and recommends approval of the request. Mr. Ron Reese, representing the applicant, indicated the applicant would comply with the conditions of approval and had agreed to remove all public telephones and would not renew the lease with PacBell. Commissioner Mondo expressed concerns regarding the lack of aignage at other Pizza Hut locations and asked the applicant and staff if any measures had ' been taken to install the aignage. Mr. Mike McCoy, Police Department indicated that some locations had been cited and the Police Department was about to begin the second phase. Mr. McCoy also mentioned that he would give the locations an additional 30 days and if the conditions of approval were not complied with the cases would be brought before the Commission again. Commissioner Nalle asked Mr. Reese why all the conditions had not been complied with. Mr. Reese stated that he was unaware of the concerns raised by the Commission but he would inform David Allen, Director of Development tomorrow morning. Commissioner Nalle moved to approve Conditional Use Permit No. 96-12. The motion was seconded by Commissioner Segura. PLANNING COMMISSION MQJUTES 5 APRIL B, 1996