HomeMy WebLinkAbout02-23-1994 PC MinutesMINUTES
Planning Commission
City of Orange
PRESENT:Commissioners Bosch, Smith, Walters
ABSENT:Commissioners Cathcart, Pruett
STAFF
PRESENT:John Godlewski, Manager of Current Planning;
Stan Soo-Hoo, Assistant City Attorney;
Gary Johnson, City Engineer; and
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
IN RE: MINUTES OF FEBRUARY 7. 1994
February 23, 1994
Wednesday - 7:00 p.m.
Moved by Commissioner Smith, seconded by Commissioner Bosch, to approve the Minutes of
February 7, 1994 as recorded.
AYES: Commissioners Bosch, Smith
NOES: None
ABSENT: Commissioners Cathcart, Pruett
ABSTAINED: Commissioner Walters MOTION CARRIED
IN RE: CONTINUED ITEMS
CONDITIONAL USE PERMIT 2051-93 -LOCAL FAVORITE, INC.
A request to establish a billiard area within an existing restaurant building. This area was previously used
as a dance floor. Subject property is located in the Koll Center Orange (building formerly occupied by the
Red Onion Restaurant) addressed 450 North State College Boulevard.
NOTE: This item is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15301.
This item was continued from the February 7, 1994 Planning Commission Meeting.)
The full reading of the staff report was waived and the public hearing was opened.
Applicant
Toy McClellan, 34102 Violet Lantern, Dana Point, was the architect for this project. They have a National
Sports Bar and Grill in Buena Park; this is the next in a series of sports bars they are proposing for
different cities in Southern California. The Orange location was an existing Red Onion's Restaurant; they
do not have any connections with the Red Onion. Their restaurant is a different type of use; it's very
upscale and a progressive billiards establishment, but the main use of the occupancy is for a restaurant.
Commissioner Walters asked if the establishment in Buena Park was previously known as the Velvet
Turtle? (Yes.)
Commissioner Bosch asked if McClellan has read and reviewed the proposed conditions of approval?
Mr. McClellan responded they have. But they have concerns with some of the terminology and
interpretation of a few of the words. Sgt. Anderson met with them a couple of weeks ago about the Police
Department's conditions. Some of the terminology was changed based on that meeting. They wanted to
address a few of the words and asked that they be revised. He referred to Page 1, #7 in the February 17,
Planning Commission Minutes February 23, 1994
1994 memorandum to the Planning Commission: "At least one security guard must be provided." The
literal identification of a security guard was that it wasn't necessarily a licensed, uniformed security guard
it was intended to be an employee who has an identifiable jacket or shirt on as a security guard. Their
operation in Buena Park has their employees as security personnel in place now. They would like to
clarify "security guard". In the same paragraph --- hours of darkness. Hours of darkness could mean
anything from 3:30 to 9:00 p.m. They requested a specific time such as 8:00 or 9:00 p.m. Additionally,
on Page 3, #8 they requested to delete the words "upon the premises" and insert "in the billiards area"
when addressing persons under the age of 21 after the hour of 10:00 p.m.
The public hearing was closed.
Mr. Godlewski believed the conditions could be changed if the Planning Commission desired. If the
Police Department still has a problem with the conditions, they have another set of conditions with the
ABC license that would have to be addressed at that time by the applicant and Sgt. Anderson. If the
Commission would like to make changes, it could be done.
Chairman Bosch noted this project was categorically exempt from the provisions of CEQA and that the
applicant had concerns about the clarification of conditions 7 and 8.
Commissioners Walters and Smith did not have a problem with the clarification of the description of the
word "security guard", nor with the specific hour rather than hours of darkness for the security guard to be
on site. They thought 8:00 p.m. would be an appropriate time as opposed to 9:00 p.m.
The suggested wording for security guard would be at least one visually identifiable employee to be
designated as the person responsible for security.
The Commissioners did not have a problem with changing condition 8 to the billiards area rather than
upon the premises.
Moved by Commissioner Smith, seconded by Commissioner Walters, to approve Conditional Use Permit
2051-93 with the stated conditions in the February 17, 1994 memorandum and as amended by previous
discussion regarding conditions 7 and 8.
AYES: Commissioners Bosch, Smith, Walters
NOES: None
ABSENT: Commissioners Cathcart, Pruett MOTION CARRIED
MODIFICATION TO CONDITIONAL USE PERMIT 2041-93 - DON CUCO MEXICAN RESTAURANT
A request to modify an approved Conditional Use Permit to allow dancing and live entertainment as an
auxiliary use for the re-opening of a restaurant (former PJ's Casa Fiesta). Subject property is located at
665 North Tustin Street.
NOTE: This item is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15301.
This item was continued from the February 7, 1994 Planning Commission Meeting.)
No one opposed this project; therefore, the full reading of the staff report was waived and the public
hearing was opened.
Applicant
Gus Salazar, 665 North Tustin Street, was one of the owners of the restaurant. They have five locations
in L.A. County. They would like to bring their restaurant to Orange County. It will be a family restaurant;
they sell more food than beverage. It is Mexican food and they have been in business for 25 years. They
want to change the conditions they had on P.J.'s since it was only a beer and wine license. They want a
full liquor license.
Commissioner Smith asked about the music for the dancing; will it be live bands?
Planning Commission Minutes February 23, 1994
Mr. Salazar said no, basically they like to create an atmosphere in their bar area; they're not a dance club.
They have a 12'x12' floor. Dancing would only be on Friday and Saturday nights from 9:30 p.m. to
1:30 a.m. They have the big screens in the sports bar. They will not have live band entertainment. The
staff report was typed in error.
The public hearing was closed.
Chairman Bosch noted the conditions have virtually the identical wording of the previous project regarding
security personnel and admission of persons under the age of 21. It strikes him that unless the
Commission sees some major difference in the operation, there ought to be similar conditions for both
uses. He suggested amending condition 6 to remove the word "licensed" and state: "At least one visually
identifiable employee of the establishment shall be assigned as a security officer and must be provided
when the occupancy exceeds 25 customers after 8:00 p.m." For condition 7, remove the words "upon the
premises and indicate that: The business shall prohibit the admission of or allowance of any person
under the age of 21 years to remain in the billiards or dance floor area after the hour of 10:00 p.m."
It was noted the project was categorically exempt from the provisions of CEQA.
Commissioner Smith wanted to know if the hours of darkness should be mentioned?
The time would also be specified as 8:00 p.m.
Chairman Bosch wondered about the fulfillment of the request on either billiards or dancing in the
conditions.
Mr. Salazar clarified he was not applying for billiards. The owners of the shopping center were going to
open up a billiard place, but he came along and offered to lease it. He doesn't want billiards as there is
no room m the establishment. They want to replace billiards with dancing.
Mr. Godlewski said as the tenant of the property that may be the intention. But it may not be the owner's
intention. The owner may want to keep his options open as wide as possible. He suggested if the
Commission wanted to allow both, they could put wording in the title of the resolution and clearly state it
as allowing both, either/or, and write that into the title of the resolution. Or, if the Commission only wants
the modification, then that could be done as well.
Commissioner Walters thought it should be either/or, even if it should revert back to the original owner of
the property. Commissioner Smith agreed to that as well.
Moved by Commissioner Smith, seconded by Commissioner Walters, to approve the modification of
Conditional Use Permit 2041-93 with the changes to conditions #6 and #7 as stated; and that the
language be stated that either billiards or live music and entertainment activities be allowed, but not both.
AYES: Commissioners Bosch, Smith, Walters
NOES: None
ABSENT: Commissioners Cathcart, Pruett MOTION CARRIED
IN RE: ADJOURNMENT
Moved by Commissioner Smith, seconded by Commissioner Walters, to adjourn to a joint adjourned
regular meeting with City Council on Tuesday, March 1, 1994 at 4:00 p.m. in Conference Room "C" to
discuss the Fixed Guideway Plan and the Brown Act.
AYES: Commissioners Bosch, Smith, Walters
NOES: None
MOTION CARRIEDABSENT: Commissioners Cathcart, Pruett
The meeting adjourned at 7:25 p.m.
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