Loading...
HomeMy WebLinkAbout05-21-0996 PC Minutesi:;/_"L <.._ 5'"&>0. 6. -1. .3 MINLJrES Planning Commission City of Orange May 21,1996 Monday - 7:00 p.m.PRESENT: Commissioners Bosch, Carlton, Pruett, Romero, Smith ABSENT: None STAFF PRESENT: Vem Jones, Manager of Current Planning - Commission Secretary;Stan Soo- Hoo, Assistant City Attorney,Bob VonSchimmelmann, Assistant City Engineer, and Sue Devlin, Recording Secretary IN RE: CONSENT CALENDAR 1. APPROVAL OF MINLJrES FOR THE MEETING OF 5/6/96Moved by Commissioner Smith, seconded by Commissioner Romero, to approve the Consent Calendar.AYES: NOES: ABSTAINED: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Chairman Bosch introduced and welcomed the newest Planning Commissioner, Toni Carlton.IN RE:CONTINUED HEARING 2. CONDITIONAL USE PERMIT 2147.96. INTERNATIONAL BEACH LLC dba POMPEII (GECKO'S)A proposal requesting approval of a conditional use permit to allow for the sale of alcoholic beverages in conjunction with a proposed restaurant. Also requested is approval for solo performers to provide music during normal restaurant hours. The site is located at 3500 Orangewood Avenue.This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301.This item was continued from the May 6, 1996 hearing.)NOTE: Joan Wolff, Senior Project Planner, presented the full staff report as there was opposition to this item.She clarified the applicant's request for a conditional use permit. On the original application form attached to the staff report, the initial request was for a restaurant and cocktail lounge, with recorded entertainment and dancing. The City reviewed this request, and the Police Department had some concerns about the proposed business. After lengthy discussions between the applicant and City Police Department, the applicant decided to modify the request. The request that is now before the Commission is for a restaurant with a full bar (general alcoholic beverage sales), a banquet room for private parties, and live entertainment to consist of a solo musician (such as a piano player or guitarist). The original request for DJ entertainment and dancing has been dropped. The change in the proposal was made after the time that notices were mailed; therefore, the notices did contain references to recorded entertainment and dancing, although they are not now part of the project. The location of this project is 3500 West 1 Planning Commission Minutes May 21,1996 Orangewood Avenue in the KolI Center. The building was constructed in 1992 as a restaurant, and was formerly occupied by a Japanese Restaurant called Doyho. The KolI Center is developed with an office building. the Hilton Suites Hotel, the National Sports Grill and associated parking. The area is commercial and industrial in nature, and there are no residences within the surrounding area. The Planning Commission's action is a final decision on the project. There is a 15 day period following the hearing during which the decision can be appealed. If the Commission acts to approve the project, staff has recommended a list of conditions. The Memorandum to the Planning Commission dated May 16 contains the complete list of conditions, and supersedes the list contained within the original staff report. Staff would like to recommend a couple of modifications to the conditions. They would like to reword condition 10: ''There shall be no more than six banquets held per month at these premises that utilize a disc jockey and/or allow dancing. Additionally. these banquets will not exceed the hour of 8:00 p.m. (During these banquets, the restaurant shall remain open for business.)" Staff recommended another item be placed under the second section of the conditions, where it notes the following code provisions are applicable to this project. "Any dance area shall not exceed an area of 300 square feet and dancing shall be confined to this area only." This point is a reiteration of the code, but it's a good idea to place it in the conditions as notification and a reminder to the applicant that the code provision does apply. Staff received one letter in protest to the application. It was received on May 6 from the National Sports Grill. Commissioner Smith wanted clarification: If the application was for entertainment, which is called out to be a soloist, then how does it work with a condition for a DJ with recorded music? Ms. Wolff explained according to the Orange Municipal Code, DJ or recorded music is permitted without a conditional use permit. The CUP does not need to call that out. It's only live entertainment that requires the CUP. The way the code is worded, any kind of live entertainment requires a conditional use permit. Commissioner Smith asked why the applicant agreed to drop the inclusion of a DJ during the regular operating hours? Ms. Wolff said the DJ was associated with dancing. A large dance floor requires a conditional use permit. Commissioner Romero asked if any dance floor required a CUP, or was it only a large dance floor? Ms. Wolff responded a dance floor over 300 square feet required a conditional use permit. The public hearing was opened. Applicant Alan Merow, 15582 Sunburst Lane, Huntington Beach, is one of the owners of Pompeii's and was available to answer any questions the Commission had. They are proposing a 9,000 square foot restaurant with a liquor license. It was going to be an upscale, Italian cuisine, serving hot and cold pastas and salads. He described his restaurant as "casual elegance" and they will concentrate on banquets, weddings, and receptions. They believe in being community oriented. Commissioner Pruett was curious as to how they planned to hold banquets and also maintain the restaurant at the same time? Mr. Merow said there were two separate areas shown on the plans. To the left was the bar and lounge and to the right was the dining room and exhibition kitchen. Both areas could be separated without conflict. It would depend on the size of the banquet, which room would be used. Commissioner Carlton asked if they were going to do anything to the exterior of the building as far as painting and landscaping? 2 Planning Commission Minutes May 21,1996 Mr. Merow said they were working on their logo. They're also working with the KolI Company on the exterior paint colors. They want to get rid of the ornate, Japanese look and make it look like a Pompeii theme. Chairman Bosch asked if the applicant had seen the recommended conditions of approval in the staff report and the May 16 supplement? (Yes.) Condition 10 speaks to limiting banquets with DJ's and/or dancing to six per month. How does that correspond with statements made with regard to promoting the banquet business? Mr. Merow said Saturdays were the busiest days for banquets and weddings. Those will require the DJ and dancing. They will, however, be able to do other banquets that do not require dancing or the DJ --rotary meetings, civic functions. They're still able to do as many of those as they can. They must only limit the dancing and weddings.Chairman Bosch spoke about the name of the restaurant and not associating the name of Gecko's with the proposed restaurant. He asked Mr. Merow n he were familiar and concurred with that? (Yes.)Commissioner Smith asked if Mr. Merow had operated a business at this location before?Mr. Merow has managed other places in the area. He was associated with Gecko's now and has been in the restaurant business for about 20 years. He was associated for a short period of time with the Red Onion in Orange. And. he spent most of his time over at the Mardi Gras in Long Beach.Commissioner Romero asked how this restaurant will differ from Gecko's? He was concerned about the police activity at Gecko's and the potential of that happening in Orange?Mr. Merow did not anticipate any problems at Pompeii's. In Huntington Beach, Gecko's is known as a nightclub, with food. They will be spending most of their energy advertising Pompeii's towards the food operation. They want to attract an older crowd at Pompeii's. Gecko's is a nightclub designed for the local people to go and feel comfortable.Commissioner Pruett wanted to know if the gross sales from Pompeii's would be primarily food and liquor or would there be other anticipated sales? How will the banquet activity be marketed?Mr. Merow said they would also be concentrating on delivery, catering and food to go for lunch. They will concentrate on fast, good food because they need the business. Banquets will be handled as a package deal with a variety of different foods to select from.The public hearing was closed.Commissioner Pruett said based on the applicant's statement in terms of the revenues for the facility,condition 5 states, ''The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities that are consumed on the premises during the same time period." He didn't have a problem with that, but if there is going to be catering and on'site delivery of foods, he hated to see that type of off-site activity offset any alcoholic beverages that are sold on site. He proposed the quarterly sales of alcoholic beverages not to exceed the gross sales of food or other commodities on site during the same period. He thought the sale of alcoholic beverages should be measured against the food or other commodities sold on site. The applicant was willing to stipulate to that modilied condition. Commissioner Romero spoke about the letter they received from the National Sports Grill, speaking about the problems at the Red Onion. He was not familiar with the problems at the Red Onion. Sgt. Barry Weinstein. Orange Police Department, said the Red Onion was a night club establishment where the National Sports Bar is now. II was a tremendous burden to law enforcement with excessive calls 3 Planning Commission Minutes May 21,1996 for service. The calls consisted of fights, drunk drivings in the parking lot, disturbances inside the establishment, etc. He understood Mr. Merow was not an owner of Red Onion, but was a manager. After speaking with Mr. Merow and letting him know the Police Department was aware of his involvement with the Red Onion, it was felt the problems would not occur at a restaurant type of establishment. Several of the conditions in the staff report are to safeguard against future problems. He felt the age group, type of music and management problems at the Red Onion were factors to cause a negative response from the Police Department. Commissioner Carlton asked n there was a code to address the ratio of food to liquor, referring to condition 5? Sgt. Weinstein said it would come under the municipal code for the City, through a conditional use permit. The Alcoholic Beverage Control, a state code, is enforced as well. It is double monitored under the Business & Professions Code. Commissioner Smith didn't feel totally comfortable in moving this forward, but took consolation in the fact condition 2 asked for the project to be reviewed in six months. The purpose of the review shall be to identify uniquely adverse issues of loitering, vandalism, criminal activity, noise, or nuisance resulting from approval of the conditional use permit. If such issues are identified, the CUP shall be presented to the Planning Commission and City Council for consideration of conditions, modification or revocation. She was influenced by past activity at the site, which sounded like it was a nuisance and quite a burden to the Police Department. She was concerned about the activity at the applicant's other club. If this is to proceed as a banquet facility and restaurant, on paper, it looks very nice and is something that is needed in Orange. It was noted the project was categorically exempt from CEQA review. Moved by Commissioner Smith, seconded by Chairman Bosch, to approve Conditional Use Permit 2147-96, with the conditions of approval, modifying condition 5: "The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities that are consumed on the premises during the same time period."; modifying condition 10: "There shall be no more than six banquets held per month at these premises that utilize a disc jockey and/or allow dancing. Additionally,these banquets will not exceed the hour of 8:00 p.m. (During these banquets, the restaurant shall remain open for business.}"; and the addition of a code provision: ". Any dance area shall not exceed an area of 300 square feet and dancing shall be confined to this area only." AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 3. CONDITIONAL USE PERMIT 2152-96 - JOHN & LISA BISHOP The applicants were not present. Ms. Wolff went to make a phone call to find out their whereabouts. Mr.Jones suggested going to the next item.Moved by Commissioner Pruett, seconded by Commissioner Smith, to set this item aside and take item # 4 out of order. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Planning Commission Minutes May 21,1996 IN RE:NEW HEARING 4. CONDITIONAL USE PERMIT 2146-96 - PJ'S ABBEY A proposal requesting a conditional use permit to allow the sale 01 beer and wine within an existing restaurant. The site is located on the northwest corner 01 Orange Street and Almond Avenue (182 South Orange Street). NOTE:This project is categorically exempt lrom the provisions 01 the California Environmental Quality Act per State CEQA Guidelines Section 15301. The lull presentation 01 the staff report was waived and the public hearing was opened. Aoolicant Gary Mead, 182 South Orange Street, said their restaurant has been in existence lor the last 75 days. They are making an application to serve beer and wine and they've tried to meet every requirement. Commissioner Romero asked about the sale 01 alcoholic beverages by someone 18 years old when accompanied by a supervisor? Sgt. Barry Weinstein responded persons under 18 years 01 age are allowed to sell alcoholic beverages when a supervisor, 21 or older, is present. Commissioner Smith asked if the 18 year old could serve the alcohol at a table? Sgt. Weinstein replied that was correct. it would not apply, though. il at a bar. But in conjunction with the service 01 lood, 18 year old waiters can serve alcoholic beverages. while under the supervision 01 someone 21 years old or older who was in plain sight. Commissioner Smith said the new restaurant has been a wondertul addition to the neighborhood and has added another gathering place in the commun~y. it is well managed, well run and is very clean. The Police Department does not object to the issuance 01 a type 41 license at this restaurant. Moved by Commissioner Smith, seconded by Commissioner Romero, to recommend to the City Council to approve Conditional Use Permit 2146.96. with conditions 1.9 listed in the staff report... Discussion Mr. Jones interjected the Commission was to make a recommendation to the City Council on specifically two conditions lrom the original resolution. Condition 1 is that the site will be used lor a restaurant, approximately 3.000 sq. It. and 700 sq. ft. lor the patio with a book/retail store 01 2,000 sq. ft. The restaurant currently utilizes the entire premises. Condition 5 required the applicant incorporate a 23 space parking lot into the project. Due to the handicap parking requirements it turned out to be 21 spaces. Those are two modifications to the conditions that should be made part 01 the Commission's recommendation to the City Council. Chairman Bosch understood lrom the staff report the Commission would not be covering those, but the City Council would need to. But, it would be good for the Commission to include those in the recommendation. Mr. Mead explained they didn~ ask lor any alcohol when they first requested the use Irom the City Council. They didn't ask lor live entertainment so that wasn't included either. They required them to have the hours established and they asked what the use was going to be. They defined it as a 3,000 sq. It. restaurant with some shops in the back. Since that time, they've made modifications and have come back and reapplied in that the retaillbook store was not the best use 01 the property in that they couldn't 5 Planning Commission Minutes May 21,1996 generate enough dollars to justify having a book store. They deleted that use and put in a 45 occupancy banquet room back there. Approval was given to them for the banquet use. Since that time, they also applied for an entertainment permit. "stipulates they can have one guitar or background music, with no bands. In some way, conditions 1-7 have been modified, including the fact they are not open until 11 : 00 daily. They are only open until 10:00 during the week, but open until 12 midnight on the weekends. He didn't know if the Commission should address the conditions, or if they should go to the City Council.Chairman Bosch was getting mixed messages and referred back to staff for direction.Mr. Jones said since this was originally approved as part of a City Council resolution, the process was somewhat unique. Since the Planning Commission was making a specific recommendation on at least one of the conditions. that the Commission have at least an understanding of what all the conditions were.He was not aware of a live entertainment permit being requested.Mr. Mead said they have a permit posted at their restaurant and it was from the City. In reference to condition 7. employee parking -- they've made arrangements with the people who own the Satellite Market for 10 parking spaces. They're encouraging their employees to park over there. In exchange for 10 spaces, they made a contract with Satellite to clean the parking lot. Chairman Bosch said the application was before the Commission in regard to replacing the City Council's condition of approval with regard to serving alcoholic beverages. On Page 2 under previous approvals, it lists the Council's conditions of approval for other aspects of the use. On Page 6 and 7 there are conditions recommended by staff with regard to the specific CUP for serving alcoholic beverages, which doesn't modify the hours of operation. He asked if the Commission could dove tail the conditions in with regard to the other items without having given notice to the public as to the intent of the conditional use permit? Mr. Jones said the City Council will go back and take action on the previously adopted resolution with all of the conditions and make modifications at the request of the applicant. This CUP is specifically for just the alcohol . condition 2. The Commission should, therefore, limit their action to the request for the ABC license. Mr. Pruett was concerned, and he wanted to make sure the applicant was not mislead. If the Commission was only concentrating on the alcohol issue, then the other issues have not been dealt with. "sounds like the applicant is operating outside of the permil, but would like to be able to operate and be in compliance. Will it require a different application? Mr. Jones was not aware of some of these modifications until this hearing. Hours of operation were originally approved by the City Council. Modification to the hours of operation can be made by the City Council. Live entertainment is normally a permit process that goes through the Planning Commission. He will need to research the information received at the hearing to find out where it stands. Mr. Jones wanted the Commission to be aware of how the restaurant is proposing to operate. It was his understanding the original resolution, adopted by the City Council, did not go to the Planning Commission because it was under the non'conforming section of the code. Chairman Bosch said there was a motion on the floor that is for the recommendation to the City Council. The Commission is aware of the conditions of approval set by the City Council on the original application and understands the City Council may, with the desire of the owner, review and has the authority to modify the conditions when they hear the recommendation of the Conditional Use Permit. 6 Planning Commission Minutes May 21,1996 Motion Moved by Commissioner Smith. seconded by Commissioner Romero, to recommend to the City Council to approve Conditional Use Permit 2146-96, with conditions 1-9 listed in the staff report. The CUP is granted upon sound principles of land use and in response to services required by the community. AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: CONTINUED HEARING 3. CONDITIONAL USE PERMIT 2152-96 - JOHN & LISA BISHOP The applicant is proposing a second story room addition to a single story single family residence located in the Old Towne District. The site is located at 265 North Shaffer Street.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301.This item was continued from the May 6, 1996 hearing.)The applicants thought Tuesday night was the hearing instead of Monday night. They live close enough and were able to be present.Commissioner Carlton will abstain from this item not having been party to previous discussions.Mr. Jones stated the applicants have revised their plans. The new version is dated May 16,1996.The public hearing was re-opened.Aoolicant John Bishop. 265 North Shaffer. thanked the Commission for their phone call. They rotated the gable to the house and had to increase the top plate height to 7 feet in order to accommodate some windows.There is a gabled dormer over the bathroom, since the top plate height is actually the wall of the master bedroom. They added some windows to the back because they had the opportunity to break up the elevation. The floor plan stayed the same.Chairman Bosch said he was very pleased with the work they have done. He felt this was a great credit to the owners and to future owners in regard to enjoying the view of the back yard from the second floor. It helps break down the scale ot the residence with regard to the neighbors on either side. It' s more in keeping with the historical aspect of the house. without damaging the inside. It's going to be a great improvement.Commissioner Smith asked about condition 1 A. .. it states, "All materials and colors match existing." Are they planning to use wood siding on the new addition? (Yes.) She complimented them on the revised plans. It looks very nice. It's much closer to a Craftsman house and is very pleasing.The public hearing was closed.It was noted the project was categorically exempt from Planning Commission Minutes May 21,1996 Moved by Commissioner Smith, seconded by Commissioner Romero, to approve Conditional Use Permit 2152-96 with condition 1, based on the findings that it be granted upon sound principles of land use and in response to services required by the community and in no way will it cause deterioration ofborderinglandusesorcreatespecialproblemsforthearea. In considering the CUP in relationship to its ellect on the community or neighborhood plan in which the project exists. it will surely serve to enhance the neighborhood. AYES: NOES: ABSTAINED:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Commissioner Smith spoke to the item second from the end on Page 3 -- existing damaged sidewalk, curb and gutter and drive approaches, shall be repaired to meet minimum safety and City standards. She called out that there be scoring of the cement included in the sidewalk repair. It's not a condition for the project, but she wanted to call it out for the record. The contractors come in and pour flat cement and it no longer matches. This is the first time she's had an opportunity to call for the scoring of the sidewalk repair. Mr. VonSchimmelmann responded stall has a new standard they have incorporated since this was brought to their attention. It will include the scoring in the Old Towne sections where it is applicable. It should be noted they would not require them to put in new sidewalk if there is nothing wrong with the existing sidewalk. IN RE:ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Romero, to adjourn to the next regularlyscheduledmeetingJune3, 1996. The meeting adjourned at 8:00 p.m. AYES: NOES: Commissioners Bosch. Carlton, Pruett. Romero. Smith None MOTION CARRIED Isld 8