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MOTION: Acosta VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Yrarrazaval Alderete, Gartner, Mill, Nalle, Turner (5) Acosta, Yrarrazaval (2) None (0) None (0) 2. CONDITIONAL USE PERMIT NO. 2011-24 0 Ron Underwood from Bickel Underwood Architects, representing Fountainhead Development and McDonald's Corporation, is requesting approval of a conditional use permit to allow drive-through window service in conjunction with a new McDonald's Restaurant at 1100 South Grand Avenue, located in the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 2, 2011 PUBLICLY NOTICED: December 2, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-24 as conditioned. Commissioner Nalle stated that he had a potential conflict of interest due to a business relationship with the applicant and he left the dais for this item only. Principal Planner Vince Fregoso presented the staff report and recommendation. Commission discussion ensued regarding existence of any restrictions for McDonald's to cease operating during school hours, "green" building features from applicant, circulation on McFadden, potential congestion with traffic and bus stop and additional cueing study for other McDonald's. No written communications were received. The public hearing was opened. Applicant representative Rob Dodman and architect Ron Underwood commented on the project and efforts to comply with the energy efficiency requirements. No public members spoke. The public hearing was closed. MOTION: Adopted a resolution approving Conditional Use Permit No. 2011-24 as conditioned. MOTION: Acosta VOTE: AYES: NOES: ABSTAIN • ABSENT: SECOND: Mill Acosta, Alderete, Gartner None (0) Nalle (1) None (0) Commissioner Nalle returned to the dais. Mill, Turner, Yrarrazaval (6) 3. PUBLIC COMMENTS (on non -agenda items) No public members spoke. Planning Commission Minutes Page 4 of 5 December 12, 2011