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HomeMy WebLinkAbout04-18-1994 PC MinutesMINUTES Planning Commission City of Orange PRESENT: Commissioners Bosch, Cathcart, Smith, Pruett, Walters ABSENT: None 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 APRIL 4. 1994 April 18, 1994 Monday - 7:00 p.m. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to continue review and approval of the Minutes of Apri14, 1994 to the next regularly scheduled Planning Commission Meeting. AYES: Commissioners Bosch, Cathcart, Pruett, Smith, Walters NOES: None MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 2019-94 -PERSIAN BAZAAR A request to allow the operation of a restaurant with shared parking, live entertainment, and alcoholic beverage sales. Subject property is located at 2688 Santiago Boulevard. NOTE: Negative Declaration 1455-94 has been prepared to evaluate the environmental impacts of this project. Mr. Godlewski presented the staff report as there was opposition to this item. The property is located on the west side of Santiago Boulevard, about 500 feet south of Lincoln Avenue. The sign on the building notes it as the Persian Bazaar. The applicant, however, is proposing a Middle Eastern Egyptian type restaurant in 4500 square feet of the 12,300 square foot commercial building. The restaurant portion will be located at the back of the building, closest to the freeway. The proposal also includes live entertainment and the sale of alcoholic beverages, as well as shared parking. The shared parking portion of the application involves the separation of the building between the restaurant and the remainder of the building, which could be used for retail sales or offices. Because there is not enough parking on the property for both to be operational at the same time, the request for shared parking is included. It would allow the restaurant use to be in operation with extra parking, or the retail portion of the building to be in operation. But at no time could both be operational at the same time or else there would be a conflict with the amount of parking that is available on site. The restaurant, initially, is proposed to operate on Friday, Saturday and Sunday from 9:00 p.m. until 2:00 a.m. The live entertainment portion includes non-amplified music, belly dancing and customer dancing. The nearest residence to the proposal is a minimum of 125 feet to the subject site line and 250 feet from the proposed restaurant. The actual breakdown and a more detailed description of all the requests are included in the staff report. Commissioner Smith thought she read in the staff report about the daily operation (week days) of the restaurant from 9:00 p.m. to 2:00 a.m. It appeared to allude the restaurant would also be open week days and Saturdays. Mr. Godlewski clarified the applicant requested the retail office uses be from 9:00 a.m. to 8:00 p.m. during the week days and Saturdays, and the restaurant would be open in the evenings from 9:00 p.m. to 2:00 a.m. Planning Commission Meeting April 18, 1994 Chairman Bosch referred to condition 1 as it also addressed the hours of operation. It proposed a 9:00 a.m. to 2:00 a.m. Saturdays and Sundays if all other uses were closed. Mr. Godlewski said it was staff's understanding the retail uses would be open during the week and possibly on weekends, but the uses should not conflict or overlap. Perhaps the applicant should be questioned in more detail for a better understanding. The public hearing was opened. Applicant Walid Yousei, 2688 N. Santiago Boulevard, came from Beverly Hills and is in the food business. He opened a similar restaurant in Westwood in 1985 and they specialize in exotic and Greek food. They provide cultural music for the people. A dress code is required and their waiters wear bow ties. Most of his clients come from Orange County. He found the empty building for his restaurant; it's close to the freeway and the space is large enough for him to create a dining atmosphere. He plans to hire 25 people and he wants to plant palm trees around the building. Commissioner Smith asked about the hours of operation? Mr. Yousei said their culture dines very late. They plan to be open Friday, Saturday and Sunday nights. Commissioner Pruett asked if the applicant were leasing the building or did he own it? Mr. Yousei leases the building. The owner has read the conditions of approval and does not object to them. Those speaking in favor Stelian Onufpei, 5220 Twilight Canyon Drive, Yorba Linda, was the Vice-President of Persian Bazaar. He is responsible for the building and remodeling of the project. He encouraged Mr. Yousei to lease the building from his company. They do not anticipate any problems with the proposed use. They plan on leasing the rest of the building for retail use. They want to combine the restaurant with the retail and market to create amini-mall. Gene Somers, 5839 East Candlewood Avenue, had a similar situation in his area at the Cameo Shopping Center, Taft and Tustin. His back fence faces that shopping center. He wanted to reassure those in opposition they had the same feelings. This is a very cultural way of enjoying themselves and it is a family dining atmosphere during those late hours. Their neighborhood has not had any problems with the restaurant since it was approved. Those speaking in opposition Jim Robertson, 2287 North Robinhood Place, was opposed to the proposed use. One issue was the shared parking. They are already in operation as a rental hall and they have parties there at night. It is known in the neighborhood as "the after hours club". The parking lot is filled at 2:00 and 3:00 a.m. and the adjacent dirt field is also filled with cars. Where will the cars park when that vacant field is removed? Another issue is traffic. It is one of the highest traffic accident locations in the City. This use is too obtrusive to permit without any buffer to the neighborhood. Liquor and entertainment will be adding to the problems. Genieve Turner, 2295 Robinhood Place, complained the traffic was a problem. The walls are hit frequently by people who don't realize the severity of the curve. Their neighborhood is very quiet and they would like to keep it that way. Jack Bixby, 2668 North Vista Glen Road, also thought the traffic was a real problem. When you add liquor to it, it's going to be terrible. It was his understanding the strip center was suppose to enhance and serve the neighborhood. He didn't think liquor sales would serve the purpose. There's plenty of room on the other side of the freeway for this use in the commercial zone. He cited noise, parking and trash as other problems. Commissioner Cathcart thought the building was vacant. 2 Planning Commission Meeting April 18, 1994 Mr. Godlewski said a temporary use permit was allowed for use of the building as a rental hall for two months. There have been activities on the weekends that do not include an on-site kitchen. The permit expired the middle of the month. Fred Koehler, 2660 North Vista Bluff, attended the Planning Commission Meeting 20 years ago when the strip center was approved. The Commission agreed at that time the property was to serve local residents only. The intent of the area was not to bring in traffic off of the freeway. He believed the proposal did not meet the initial intent. Parking spaces are limited and will create problems. The way the restaurant is configured, there is no assurance the restaurant will not be expanded into the office area. A common wall separates the restaurant from the rest of the leased space. Who will control the use of the space? Jeanne Kumagai, 2642 Vista Glen Road, was concerned about the noise, especially late at night (2:00 a.m.) It has been noisy, even with the limited use. What's it going to be like when this permit is issued? Mr. Richard Purpura, 2043 Vista Mesa Way, is the secretary-treasurer of the Vista Royale Estates Homeowners' Association. He reiterated the concerns already expressed. They have a nice community; it's very quiet with children running around. They would like to keep it that way. The proposed use is not consistent with the surrounding neighborhood. Dwight Kunatsu, 2656 Vista Glen Road, was concerned about the use of alcohol and hours of operation. It was not consistent with the neighborhood and family life. Jimmy Zepeda, 2727 North Vista Bluff Road, said he moved from Westminster because there was no control over the approved use in the residential neighborhood. He did not want to lose control of this neighborhood. Jean Zepeda, 2727 North Vista Bluff Road, spoke about the traffic and accidents in the area. Entertainment and liquor will lower their property values and they don't want that to happen. Rebuttal Mr. Yousei has not violated any laws. He wants to clean up the property and wants to be a good neighbor to the residents. Commissioner Smith asked how many employees would be on the site at one time? (15 to 18 maximum at one time.) Was it necessary to remain open until 2:00 a.m. on Sundays? (The kitchen will close at 1:00 a.m. He would consider closing earlier if it offended the neighbors.) Commissioner Walters asked who has been running the catering service the past two months? (He was not sure.) Chairman Bosch referred to the floor plan. The restroom area shows access through the adjacent retail area (not directly from the restaurant). Was it the intent, the adjacent utilization as a rental hall be continued and you will be catering from the restaurant? Mr. Yousei only plans to have a private restaurant. He does not plan to cater to adjacent uses in the building. Commissioner Pruett reviewed the plans and said it didn't show any layout for the restaurant itself. How many settings are there? How many people are expected during the evening? Mr. Yousei said there was 3,000 square feet of floor area. They will serve a maximum of 150 people a night. Saturday night is the busiest night for them. They will only seat one table of customers for the evening by reservation only. Chairman Bosch explained the Commission was trying to identify through the detailed questions of how the applicant proposed to run the establishment if the use were approved. Perhaps the plan provided to the Commission was doing a disservice. The Commission's role was to identify whether the specific uses were appropriate for this particular site. The plans do not represent what the applicant is 3 Planning Commission Meeting April 18, 1994 requesting. Information is needed on the proposal; how would it be managed, and why is the site appropriate for this location and neighborhood. Commissioner Cathcart asked if Mr. Yousei would consider a continuance in order to bring forth a plan that shows exactly what they have in mind for the interior of the building. There needs to be a better plan showing how valet parking will take place, how the cars will be stacked, and a plan for employee parking. He didn't feel comfortable in making a decision on the application at this hearing. Mr. Yousei did not object to a continuance. Commissioner Pruett also wanted a continuance. The existing plans are not sufficient for him to make a decision. The neighbors also have questions that need to be considered. He suggested Mr. Yousei talk to the neighbors and show them the video of the restaurant's operation. Chairman Bosch's concern was with the proposed use -- was it appropriate for the neighborhood? A couple of steps were needed: Secure better representation of the owner of the property. The owner was not represented and the Commission needs to know if the owner feels comfortable that the remainder of the building will not be able to be open for commercial purposes when the restaurant is open. The neighborhood is solid and the people have fought hard to make sure their neighborhood continues to keep its high quality with the variety of uses along the way. It was strongly urged for the applicant to make contact with the residents and identify to their satisfaction answers to their questions. The proposed plans are of concern to everyone, regardless of how high quality the restaurant is. The plans do not show what will happen inside to give them assurances there will be no problems. Mr. Godlewski offered to meet with the applicant the day after the hearing or at his earliest convenience to discuss the plans. They would need the revised plans on Thursday, April 28, if not sooner. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, with the applicant's concurrence, to continue Conditional Use Permit 2019-94 to the May 2, 1994 Planning Commission Meeting. AYES: Commissioners Bosch, Cathcart, Pruett, Smith, Walters NOES: None MOTION CARRIED Commissioner Walters suggested the residents report all activities at this location to the police department as the permit has expired. Otherwise, no one knows about the illegal activity. CONDITIONAL USE PERMIT 2062-94 -ORANGE COUNTY DEPARTMENT OF EDUCATION A request to establish an educational facility within an existing commercial/industrial complex in the M-2 zone (Industrial District). Also requested is that if the proposed educational facility use is terminated, the property owner retains the option of converting the building back to a previously approved retail use. Subject property is located at 650 West Katella Avenue. NOTE: This item is categorically exempt from the provisions of the California Environmental Ouality Act (CEQA) per CEQA Guidelines Section 15301. A staff report was not presented as there was no opposition. It was brought to staff's attention the students will not be driving to this location. In the first application, the applicant stipulated to that. There is no specific condition in the staff report, but it would be helpful for staff if such a condition existed. The public hearing was opened. Applicant Mary Lou Veshay, Orange County Department of Education, was the Principal at the current facility, 2165 North Glassell. They would like to move into the larger facility and continue the operation of meeting the needs of the current students. The public hearing was closed. 4 Planning Commission Meeting April 18, 1994 Commissioner Cathcart suggested adding condition 4 stating students are not allowed to drive to school. The application is exempt from CEQA guidelines. Moved by Commissioner Cathcart, seconded by Commissioner Smith, to approve Conditional Use Permit 2062-94 with the conditions as stated. AYES: Commissioners Bosch, Cathcart, Pruett, Smith, Walters NOES: None MOTION CARRIED IN RE: ORAL PRESENTATIONS Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, repeated his request he made to City Council last week. He did not like the new location of the speaker's podium. The audience cannot hear the people when their backs are to the audience. Chairman Bosch asked staff to make careful note and comment to the City Clerk's Office and management with regard to that problem. Geneva Fulton, 1801 North Greenleaf, Santa Ana, was not prepared to speak, but had things on her mind. Her shopping center is in the 400 block South Main in Orange. It's the corner lot at Culver and Main, which for years has been a dumping yard for everybody. Their business is bad and there's only one entrance going north. The other entrance cannot be used because of the dirt and mud holes. The south entrance is going out. Her point was: there are not enough entrances. Sales tax and good business is needed, but entrances are needed first. Chairman Bosch wanted to refer Ms. Fulton's good points to Public Works and the Traffic Division relevant to the current configuration of the street. IN RE: ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Cathcart, to adjourn the meeting at 8:15 p.m. AYES: Commissioners Bosch, Cathcart, Smith, Pruett, Walters NOES: None sld MOTION CARRIED 5