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Mr. Fregoso stated that the review of the conditional use permit would be <br /> conducted internally at intervals of 90 days, six months, and annually. <br /> If problems are noted after reviewing the conditional use permit, the item <br /> would be brought before the Commission. <br /> Commissioner Brown asked how many events are anticipated. <br /> Mr. Vince Sarmiento, Applicant, indicated there would be an average of one <br /> event per month. <br /> Ma. Uptegraff requested the Commission to waive the conditional use permit <br /> fee, should the Commission approve Conditional Use Permit No. 95-15. <br /> Staff felt there was a genuine misunderstanding in the requirements of a <br />' conditional use permit for a cover charge and the business had been <br /> operating for years with all other required permits from the City. <br /> Mr. Sarmiento spoke in behalf of the project and indicated his parents are <br /> the owners of the property and they have tried to comply with all of the <br /> required conditions. He also indicated that he had met with the neighbors <br /> in the area and the letters that he had received were in support of the <br /> project. <br /> Chairman Mondo asked Mr. Sarmiento if he was in agreement with all of the <br /> conditions. <br /> Mr. Sarmiento stated yes. However, he would like to request six months to <br /> complete the required improvements identified in the staff report. <br /> Commissioner Oliver asked how quickly are the conditions to be completed. <br /> Mr. Fregoso indicated the applicant has two years to complete the <br /> conditions, once the case has gone to City Council. If the conditions are <br /> not completed, the Conditional Use Permit becomes void. However, the <br /> permitwould not be issued until all of the conditions were complied. <br /> Commissioner Oliver indicated he would like Condition Number B2 to be <br /> amended to read, "The conditional use permit will be reviewed by the <br /> Planning Commission in six months" (instead of 12 months). <br /> Commissioner Nalle moved to approve Conditional Use Permit No. 95-15 with <br /> the amended Conditions Numbers Al (Deleted), B2, and C9 and adopt the <br /> findings as submitted by staff and also to waive the fee of the <br /> conditional use permit. The motion was seconded by Commissioner Doughty. <br /> AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura <br /> NOES: None <br /> ABSENT: None <br /> Commissioner Nalle inquired regarding the condition indicating the <br /> quarterly gross sales of alcoholic beverages shall not exceed the gross <br /> sales of food or other commodities during the same period. <br /> Mr. Adams indicated that condition was a standard ABC condition. ABC is <br /> responsible for enforcement, staff does not review the quarterly sale <br /> books. <br /> Commissioner Nalle asked what actions take place if an establishment <br /> exceeds the limit. <br /> Mr. Adams stated the item would come before the Commission again. <br /> Ms. Uptegraff also stated the conditional use permit could be brought <br /> forth for review. <br /> Commissioner Nalle asked how much was the cover charge for Festival Hall. <br /> Mr. Fregoso indicated between $5.00 and $25.00, depending upon the event <br /> being held. <br /> Commissioner Nalle asked if there was a problem in Santa Ana where <br /> establishments sold more alcoholic beverages than food. <br />' Ma. Pena stated the City had not had the prohlem in the last five through <br /> six years. <br /> Mr. Adams indicated staff will bring the ABC policy before the Commission <br /> this fall. <br /> Commissioner Oliver requested staff to consider developing a policy that <br /> would penalize property owners/business owners who have been operating <br /> businesses illegally by charging additional fees. <br />PLANNING CGMMISSIGN MINNFS A~gwt 28, 1995 <br />4 <br />