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HomeMy WebLinkAbout05-02-1994 PC MinutesMINUTES Planning Commission City of Orange PRESENT:Commissioners Bosch, Cathcart, Pruett, Walters ABSENT:Commissioner Smith 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. AND APRIL 18. 1994 May 2, 1994 Monday - 7:00 p.m. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to approve the Minutes of April 4, and April 18, 1994 as recorded. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith MOTION CARRIED IN RE: CONTINUED HEARING 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. This item was continued from the April 18, 1994 Planning Commission meeting.) The Commission asked that a continuance take place to allow the Commission a chance to review and see revised plans for the interior portions of the restaurant. The public hearing was re-opened. Applicant Walid Yousei, 2688 N. Santiago Boulevard, said his restaurant was a five star, family-oriented restaurant specializing in Egyptian food. They open at 9:00 p.m. and close at 1:30-2:00 a.m. because it is part of the culture. They have revised their plans to address the noise issues. Traffic will not be an issue because of the late hours of operation. Commissioner Cathcart referred to the revised staff report. The hours of operation seem to have changed -- 9:00 p.m. and 2:00 a.m. on weekdays; and from 9:00 a.m. to 2:00 a.m. on Saturdays and Sundays. He was under the impression they were only going to be open Friday, Saturday and Sunday from 9:00 p. m. to 2:00 a.m. Mr. Yousei said the hours and days have not changed. In fact, on Sundays he would be willing to revise the closing hour to 12:30 a.m. Planning Commission Minutes May 2, 1994 Mr. Godlewski said it was staff's recommendation in order to allow the broadest range. The hours can betrimmeddowninthestaffreport: Friday, Saturday and Sunday, 9:00 p.m. to 2:00 a.m. Those speaking in favor Dr. Robert Helton, 725 W. La Veta, spoke in favor of this type of establishment. He would enjoy goingtothisrestaurantfortheentertainmentandgoodfood. He was familiar with the site and it seemed far enough removed and there were enough conditions to reduce the noise and parking should not be a problem. Dr. Ziad Kharuf, 725 W. La Veta, was thrilled to hear an Egyptian restaurant of such class would beestablishedinthearea. Stelian Onufpei, 5220 Twilight Canyon Drive, Yorba Linda, was the Vice-President of Persian Bazaar. He was puzzled the last time they were here because many of the questions should have been directed tohimratherthantheapplicant. If this request is not approved, they will have to reduce the square footagetomeetcoderequirements. Mr. Yousei cannot keep his restaurant at this location if only 2,000 squarefeetwereapproved. They cannot keep an empty building as their monthly payments are $14,000.They're trying to avoid any confrontations with anyone; they like the neighborhood and want to have agoodbusiness. The issues addressed at the previous meeting were not explained right. The parkingandtrafficissuesarenon-existent. Peak hours of traffic are 5:00 p.m. and the restaurant will not open until9:00 p.m. If they put another tenant in there, then there would be traffic problems because it will be congested during normal business hours. The meeting hall will meet the parking requirements. The 3,000 square foot building meets Fire Department and building code requirements. He asked for someunderstandingintheirproposeduse. Amany Simmonds, 1126 East Aspen, Santa Ana, is the Vice-President of the Egyptian American Club forOrangeCounty. She said there needs to be a place in Orange where they can enjoy their music andfood. She visits the Orange Street Fair every year and likes the cultural atmosphere. A restaurant in Orange would be close for all the Egyptian neighbors. Those speaking in opposition Jim Robertson, 2287 North Robinhood Place, was opposed to the proposed use because of the traffic problems, the intrusive nature of the occupancy (close to homes without a buffer), and parking problems.The Italian restaurant's parking is filled on Friday and Saturday nights and it overflows onto the Persian Bazaar lot. Jeanne Kumagai, 2642 Vista Glen Road, wondered where the 60 parking spaces would be. Some of the operatin~ hours do coincide with Gaitano's. She still questioned the hours? Have Sunday's hours changed . She stressed the applicant cut back on Sunday hours for the neighbors consideration. Chairman Bosch said the applicant indicated a Sunday night closing time of 12:30 a.m. as beingappropriate. Jack Bixby, 2668 North Vista Glen Road, disagreed that noise does not travel up, because it does. They hear all noise and the cars that start up. It's a dangerous place because of the accidents. He does not object to a restaurant, but does object to the hours and the bar. This use is not in the best interest of the neighborhood. Why can't they locate on Tustin where there is ample room with the proper zoningforrestaurantuse? Dwight Kunatsu, 2656 Vista Glen Road, didn't know many families who went out to dinner from 9:00 p.m.to 2:00 a.m. He assumed there was some kind of curfew for teenagers being out as late as 2:00 a.m. Why is a bar needed if it is really a restaurant? There are other locations on Tustin for this type of use and adequate parking would be available. Commissioner Cathcart thought there should be some clarification as to the late hours of operation. At the last meeting, the applicant spoke about their culture and the late hours for dining. Mr. Richard Purpura, 2043 Vista Mesa Way, is the secretary-treasurer of the Vista Royale Estates Homeowners' Association. He spoke as a resident and on behalf of the association. He brought up the traffic situation and insufficient parking, thus spilling over into their neighborhoods. Many of the 2 Planning Commission Minutes May 2, 1994 businesses are not closed when this restaurant opens for business. He also talked about the culture issue. There are lots of places in Orange for very nice restaurants. The site was intended for local residents only, but they're hearing people from all over the county will be coming to this restaurant for dinner. He also requested they look for another conducive spot for the restaurant that is not located in a neighborhood. Commissioner Pruett has heard a couple of people talk about the parking problems at Gaitano's. Is that restaurant on a separate lot? (It is a separate lot, right next to each other.) The parking issue relates to another piece of property -- not the property being discussed. Commissioner Walters asked if the homeowners' association were in favor or opposed to Gaitano's when it opened? (At that time they had no opinion.) Commissioner Walters believed Gaitano's closed at 10:00 p.m. He felt the parking lot would be empty by the time the proposed restaurant were at its peak. Fred Koehler, 2660 North Vista Bluff, said when the property was empty/vacant, the citizens and the Citygottogetheranddecidedthewaythepropertywastobezonedwasforthelocalbenefitofthe community. The proof of that is the gas stations do not have 60 foot freeway signs. The property was not zoned in a commercial context where there is unlimited parking. He could not understand the parking spaces and the number of people per car and still meet code requirements. He came up with an average of 4.3 people per car to fill the restaurant. Jeanne Zepeda, 2727 North Vista Bluff Road, didn't understand a family restaurant that serves liquor and keeps children up to 2:00 a.m. She raised 7 children and wouldn't have taken them out to a place that served liquor, danced and remained open late at night. It didn't sound like a family restaurant. The other restaurant on Tustin would be close enough for people to go to and would accommodate them better. Chairman Bosch wanted to set the record straight. The other restaurant is a Persian restaurant with an entirely different culture, different menus and customs than the Egyptian restaurant that is proposed. Linda Greeley, 2694 North Vista Glen, echoed the same sentiments as her neighbors. She wanted to make sure the music would be non-amplified. She could almost live with it if the music were non- amplified. Rebuttal Mr. Yousei had 58 parking spaces and he's under contract with the landlord. They will not use the other space in the building after 7:00 p.m. There will be valet parking and there are 173 seats for people to dine. People will only be able to dine at the restaurant by making reservations. Their culture is to eat late at night -- only three nights a week. The parking problems exist on the other property and that owner does not have the right to use their parking spaces. He said there would only be 150 peoplemaximumand23seatswillalwaysremainempty. Their restaurant is expensive and elegant. No walk-ins will be allowed. There is a dress code and the music is soft and pretty (violin and small drums). The music cannot be heard from the outside. He will not allow his restaurant to bother the neighbors.Structural Changes were not made. The building has two doors. He chose the other door (back door) to avoid noise problems. He wants to be a good neighbor and friend. Commissioner Walters asked what type of sound amplification would exist for the musical instruments? He referred to Item 2, Page 4 of the original staff report. Mr. Yousei responded loud music was not allowed in his restaurant. Electrical amplifiers would not be used. Commissioner Pruett asked to what extent did they plan to use valet parking? Would he agree to valet parking as a condition? Mr. Yousei will offer full valet parking (all cars) on his lot. He agreed to valet parking as a condition of approval. Chairman Bosch understood the lease contract or agreement will cause the landlord not to be allowed to have any other portions of that building open for business after 7:00 p.m. Could an instrument be 3 Planning Commission Minutes May 2, 1994 created to be recorded that would tie that down legally so the City would have some recourse and it would also help the applicant in case of problems that might arise? Mr. Yousei had a letter from the landlord, Mr. Leonard (who was in the audience). He handed the letter to Mr. Godlewski and the Commissioners. Mr. Onufpei responded Persian Bazaar has a lease for 10 years with an option to buy the building. The owner of the building agreed to a legal condition. Mr. Soo-Hoo stated as long as all persons with interest in the property were willing to execute such an agreement to prohibit other uses after 7:00 p.m., an agreement could be fashioned accordingly and added as a condition of approval. The public hearing was closed. Commissioner Cathcart wanted to make sure the revised staff report had the correct hours of operation -- from 9:00 p.m. to 2:00 a.m. on Friday, Saturday and Sunday. He believed the applicant stated he would open the restaurant on Sundays from 9:00 p.m. to 12:30 a.m. He suggested revising the hours to Friday and Saturday, 9:00 p.m. to 2:00 a.m. and Sunday, 9:00 p.m. to 12:30 a.m. He also wanted to add to condition 5 that all parking would be limited to valet parking. Condition 6 -live entertainment, including music and dancing, would not include amplified musical instruments. Condition 7 - a deed restriction be recorded revocable if the conditional use permit expires, which requires that no other building occupants than the restaurant may have open business hours during the operational hours approved in the C.U.P. for the restaurant. Commissioner Pruett commented about the issues raised regarding traffic. Yes, there will be more traffic regardless of what activity is allowed to be put in the facility. He thought there were other uses for the building that would cause more traffic for the community. He didn't know if the proposed use would create additional traffic. In terms of the parking, the issue of valet parking will assure it will be managed. The use of reservations for the restaurant will allow management to control the customers. The noise issue has been addressed with the proposed condition. He hoped the neighbors would begin to embrace the culture that will be brought to the community. It was his view they need to be more open and acceptable to other cultures in the world. He thought there was a real value to this type of restaurant. Commissioner Walters was fairly familiar with the neighborhood and found the biggest problem that exists is the ghost of what has gone on there for the past many months with the catered parties. He did not believe that was going to happen with a seasoned restaurant. Something has to be done to stabilize the corner or it will be an eyesore in the neighborhood for a long time. Given the fact the restaurant is going to have some strict restrictions, more control will be gained and there will be a better neighborhood with less blight. The proposed restaurant will be less intrusive than the Italian restaurant. Commissioner Cathcart agreed with his fellow Commissioners on the issues of parking and traffic. The City is being over run by strip centers, video stores and fast food restaurants. He personally is tired with that type of influx of businesses. He is hearing from the applicant that he will not tolerate customers who will not live up to his standards, and that is commendable and refreshing. Chairman Bosch also concurred. The neighborhood has had a lot of problems. The City, through past historic zoning actions on the site, established a use that was intended to be part of the Tustin Avenue restricted commercial zone, but also to primarily serve the neighborhood. He saw the proposed restaurant as likely to serve the neighborhood as yaitano's. It's the same type of establishment with a different cultural basis. He shares the concern about the hours; it's a cultural eating establishment that perhaps is not understood. The Commission does not have the right to deny any economic return to the property owner. They have been allowed by ordinance to construct commercial buildings with parking and uses, subject to special permits. A restaurant is allowed on the site without restriction on hours of operation. This is a very unusual application in the method by which the shared parking has been proposed. The property owner and lease holder are willing to forego regular business hours of other occupancies in order to assure this type of operation. It gives teeth to the City with their stipulation to allow enforcement and potential revocation of the permit if they don't conform. This restaurant is in the back of the building, on the freeway side without amplified musical instruments. He doubted if there would be a noise/sound problem. The restaurant is not a bar and it has to conform to the ABC licensing provisions before operating it. The only concern he had with the plan other than how the restaurant will 4 Planning Commission Minutes May 2, 1994 survive with no exposure to the street, is one that will be to the attention of the Building Division because the emergency exit on the plan has been shown to go through the adjacent rental space. He didn't believe one could do that under the Uniform Building Code. It will have to be a direct exit to the outside with separation. He agrees with the cultural diversity statements. Orange is blessed with a tremendous array of different types of restaurants and cultural opportunities with which this restaurant fits very well. Overall, he did not see where this creates a special hardship. It's well thought out and it is being loaded up with conditions that have a direct bearing to the concerns of the neighborhood and the site. He felt the neighbors concerns were mitigated by the additional conditions. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to approve Negative Declaration 1455-94 and find that there is no substantial evidence the project will have a significant impact on the environment or wildlife resources. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith MOTION CARRIED Moved by Commissioner Cathcart, seconded by Commissioner Walters, to approve Conditional Use Permit 2019-94 with the seven conditions as discussed; and- that the Conditional Use Permit follows the criteria listed in the Municipal Code Section 1792.020. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith MOTION CARRIED IN RE: NEW HEARING GENERAL PLAN AMENDMENT 1-94, ZONE CHANGE 1169.94 -EUGENE I. SALTZER, M.D. A proposed General Plan Amendment from LDR (Low Density Residential) to G-C (General Commercial), and a corresponding zone change application to allow commercial use and development. The applicant proposes that the zoning classification be changed from R-1-6 (Single Family Residential District, with a 6,000 square foot minimum lot size) to C-1 (Limited Business District). Subject property is located at 236 and 250 South Tustin Street, 2 parcels on the northwest corner at Washington Avenue. NOTE: Negative Declaration 1453-94 has been prepared to evaluate the environmental impacts of this project. No one opposed the proposed project; therefore, the full reading of the staff report was waived. Mr. Godlewski said there was one issue brought up by the applicant's representative. That was the zoning of the parcel directly south across Washington Avenue. Some of the older zoning maps and the zoning map at the counter reflect the property to be C-1, yet the map included in the staff report indicates the property is O-P. In reviewing the micro film, the original discussion of that zone change on the parcel to the south showed the property was changed to O-P and not C-1 as shown on the map at the counter in the Planning Department. The original request was to rezone the property to C-1, but in the final resolution it was the decision of the City Council to make that parcel to the south O-P. That is the current zoning on that parcel. The public hearing was opened. Applicant Jim Williams, 2726 East Washington, said their intentions were to build a medical building for personal use of the two doctors. With the size of the property there was some excess property that they could add more square feet. The zoning classification of office-professional is fine with them. Regarding the Tustin Street drive, it is their intention not to use that ingress or egress. They would like to use Washington as the entrance/exit drive to the property. The doctors lease the property now and want to have their own private building. They have read the conditions of approval and agree to them. 5 Planning Commission Minutes May 2, 1994 Those speaking in favor Doug Martin, 27315 Jefferson Avenue, Temecula, has been retained by Dr. Saltzer on this project.Originally a site plan was not submitted with the application, but they now have a tentative site plan. They prefer to enter and exit from Washington rather than Tustin. There is a buffer between the residential property to the west and their parcel (approximately 40 feet). The public hearing was closed. Moved by Commissioner Cathcart, seconded by Commissioner Walters, to approve NegativeDeclaration1453-94 and find there is no substantial evidence the project will have a significant impact on the environment or wildlife resources. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith MOTION CARRIED Moved by Commissioner Cathcart, seconded by Commissioner Walters, to recommend to the CityCounciltoapproveGeneralPlanAmendment1-94 and Zone Change 1169-94 with a zone change of O-P rather than C 1. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith MOTION CARRIED IN RE: OTHER ITEMS Commissioner Cathcart asked if a study session has been scheduled yet? Mr. Godlewski responded none have been officially scheduled. There are a couple of possible study sessions the City Council is looking at (May 24), but no word yet. IN RE: ADJOURNMENT Moved by Commissioner Cathcart, seconded by Commissioner Walters, to adjourn the meeting at 8:35 p.m. AYES: Commissioners Bosch, Cathcart, Pruett, Walters NOES: None ABSENT: Commissioner Smith sld MOTION CARRIED 6