HomeMy WebLinkAbout09-03-1997 PC Minutes5[;(" C/o ~).,3
MINUTES
Planning Commission
City of Orange
September 3, 1997
Wednesday - 7:00 p.m.PRESENT:
Commissioners Bosch, Pruett, Romero, Smith ABSENT:
Commissioner Carlton STAFF
PRESENT:
Vem Jones, Manager of Current Planning - Commission Secretary;Ted Reynolds,
Assistant City Attorney,Roger Hohnbaum,
Assistant City Engineer, and Sue Devlin,
Recording Secretary IN RE:
ITEM TO BE CONTINUED 3. CONDITIONAL
USE PERMIT 2187-97 - GORDON BIERSCH BREWING COMPANY, INC.A request
for a General Alcoholic Beverage License at a new restaurant to be constructed as part of the Century Theater
entertainment complex. The site is addressed 1623 West Katella Avenue, Suite #212.NOTE:This
project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines Section 15303.There was
a request to continue this item to the meeting of September 15, 1997.Moved by
Commissioner Smith, seconded by Commissioner Pruett, to continue Conditional Use Permit 2187-97
to the meeting of September 15,1997.AYES:
NOES:
ABSENT:
Commissioners
Bosch, Pruett, Romero, Smith None
Commissioner
Carlton MOTION CARRIED IN
RE: CONSENT CALENDAR 1.
APPROVAL OF MINUTES FOR THE MEETING OF AUGUST 4, 1997 AND AUGUST 18,1997 Moved
by Commissioner Romero, seconded by Commissioner Pruett, to approve the Minutes of August
4, 1997 as written.AYES:
NOES:
ABSENT:
Commissioners
Bosch, Pruett, Romero, Smith None
Commissioner
Carlton MOTION CARRIED Moved
by Commissioner Romero, seconded by Commissioner Bosch, to approve the Minutes of August
18, 1997 as written.AYES:
NOES:
ABSTAINED:
ABSENT:
Commissioners
Bosch, Romero, Smith None
Commissioner
Pruett Commissioner
Carlton MOTION CARRIED 1
Planning Commission Minutes September 3, 1997
IN RE: NEW HEARINGS
2. CONDITIONAL USE PERMIT 2185-97 - LA SALSA
A proposal to allow the sale and service of beer and wine in a new restaurant to be constructed as part
of the Century Theater entertainment complex. The site is addressed 1631 West Katella Avenue, Suite
102.
NOTE:This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15303.
There was no opposition to this project; therefore, the full reading of the staff report was waived and the
public hearing was opened.
Apolicant. Vincent Von der Ahe. DNV Holdina
Co..
27451 Los Altos. Suite 210. Mission Vieio. is the
franchisee of La Salsa Fresh Mexican Grill. They have read the staff report. The outside seating in the
promenade will be developed by Syufy Enterprises, who is the master developer/owner. There will be
tables and chairs, but La Salsa will not serve alcohol in that area. They will only serve alcoholic beverages
within their four walls.
Commissioner Pruett noted the drawing showed seating outside the restaurant that is not in the common
promenade areas. He said there needs to be some clarification as it relates to the ABC rules. The
Ingress/egress into an outside area where alcohol is going to be consumed has to be from the restaurant
and not from the area outside the restaurant.
Mr. Von der Ahe explained they were pushing back their store front window and have an iron railing there
to create a flow into the restaurant for an inside/outside patio. They intend to serve alcoholic beverages
within the patio area. They are seeking approval of the conditional use permit before going to ABC for
their approval. He was not quite sure what ABC's rules were going to be for the outside patio area,
within their building.
Commissioner Romero believed another condition should be added to comply with the rules and
requirements of ABC.
Mr. Jones said the ABC requirements are governed by state law, but if the Commission felt more
comfortable with adding the condition, that would not be a problem. It was his understanding ABC
would not accept this type of arrangement. Another way to address the issue would be to have the
applicant come back with a revised plan showing they are in compliance with ABC.
Commissioner Pruett wanted to make sure the applicant understands the situation they are in. (Mr. Von
der Ahe did understand and appreciated the concern.)
Sat. Barry Weinstein. Granoe Police DeDartment. thought it would be redundant and unnecessary to add
a condition for the applicant to comply with ABC regulations. The ABC would immediately suspend the
alcohol license within days if the restaurant were not in compliance. He had a conversation with Nancy
Mayes, the liaison for La Salsa, about hours. He reiterated the Police Department is keeping the hours
similar for like establishments in like locations. Certain hours are necessary for restaurants to keep them
as restaurants, because after midnight it could turn into a bar. Alcohol sales are to stop one hour before
food sales stop. The hours for La Salsa can be the same as Chili's and that would be agreeable to the
Police Department.
Chairman Bosch noted in the staff report La Salsa's proposed hours of operation to be 11:00 a.m. to
10:00 p.m., Sunday through Thursday and 11 :00 a.m. to midnight on Friday and Saturday. Proposed
condition 6 limits the hours of alcoholic beverages -- sales, service and consumption from 11:00 a.m. to 10:
00 p.m., Sunday through Thursday; 10:00 p.m. being the same hour of closing. And, 11 :00 a.m. to 11 :
00 p.m. Friday and Saturday.Mr.
Jones could not recall the hours for Chili's, but could obtain that information quickly.Commissioner
Smith felt it would be fair to the applicant to know what hours were going to be approved in
the conditional use permit.2
Planning Commission Minutes September 3, 1997
Moved by Commissioner Pruett, seconded by Commissioner Smith, to table this item and resume
discussion and continuation of the hearing after Item 4 on the Agenda.
AYES:
NOES:
ABSENT:
Commissioners Bosch, Pruett, Romero, Smith
None
Commissioner Carlton MOTION CARRIED
Mr. Jones excused himself from the meeting. Mr. Godlewski presented the next item.
4. ZONE CHANGE 1188-97 - CHAPMAN UNIVERSITY
A request to rezone property at 121 and 123 East Sycamore Avenue from R2-6 (Residential
Duplex,minimum lot size 6,000 sq. ft.) to C-1 (Limited Business) District, or to another zone that may
be more appropriate, if determined by the Planning Commission during the public review
process. Also requested is a site plan review to convert the existing residence to an office use. The site is
located on the North side of Sycamore Avenue 50' East of Glassell Street; addressed 121 and 123
East
Sycamore Avenue.Negative Declaration 1528-97 has been prepared to evaluate the
environmental impacts
of this project.There was no opposition to this item and the full reading of the staff report was
waived. The public
hearing
was opened.NOTE:Aoolicant. Bob Mickelson. P.O. Box 932. Oranae. has read and concurred with
the staff report.Chapman intends to use the property for office type use and the garage for storage. They
often have a need to move offices on a temporary basis while they're shuffling things around
the campus. The property was purchased by Chapman and they hope to use the house as a construction
office rather than being scattered around
in mobile units.Chairman Bosch stated the Commission received Mr. Mickelson's letter describing the
potential use of the property and it is included as part
of the record.The public
hearing was closed.Commissioner Smith had some reluctance with this project. There have been some
handy situations that Chapman University has fallen into to acquire property. In this particular project, she had
a hard time believing that Chapman wouldn't capitalize on the opportunity for commercial use, seeing this
is in a commercial block and they have been very aggressive about acquiring property in the
whole area. She was bothered by the fact that if this is going to be used for office use, and in the future it will
be used for office use, that it is not going to be zoned Office-Professional. The request is for
C-1 zoning for the highest use. She was also bothered by the fact that Chapman acquired
right-of-way on all of Orange Street, which is very valuable real estate in this particular area. It is now
paved over as a parking lot. It seemed to her rather opportunistic to take a rather run-down
duplex and have it upgraded to C-1 zoning for an interim use. This was an uncomfortable decision for her to
make. She saw a lot of potential for the property -- a bookstore, a restaurant, an expanded market --
any number of uses for the University.Chairman Bosch said his impression was that the request for a C-1
zone on the surface was to avoid a spot zoning of putting in an O-P zone, since the remainder of
that half of the block facing Glassell is C-1 zoning. There is a minor site planreview that does
have conditions of approval and he didn't feel the buildings, as they are currently constructed, offer any
value. In fact, it would be detrimental to have them be a commercial use. There are a variety of
access problems given the narrow side yards and type of construction. If it is acceptable
under the ordinance, the Commission should consider a condition of approval to be added that limits it to an office use,
unless
further review of a revised minor
site
Planning Commission Minutes September 3, 1997
Moved by Commissioner Bosch, seconded by Commissioner Pruett, to approve Negative Declaration
1528-97 findin~ it was prepared in accordance with the California Environmental Quality Act, and that
there is no substantial evidence that the project will have a significant impact on the environment or
wildlife
resources.
AYES:
NOES:
ABSENT:Commissioners Bosch, Pruett, Romero,
Smith
None Commissioner Carlton MOTION
CARRIED Moved by Commissioner Bosch, seconded by Commissioner Smith, to approve Zone Change
1188-97 and Minor Site Plan Review 40-97 with the conditions applicable only to the Minor
Site Plan Review.including conditions 1-4 as indicated in the staff report, and adding condition 5, with
the stipulation of the applicant, that no use other than office use may occur in the structures without
re-application for Minor Site Plan Review and Design Review, including conformance with
all applicable landscape, parking, setback and building development standards for the project, where any use other than
office use is to
be
contemplated
for
the property.AYES:NOES:ABSENT:
Commissioners
Bosch, Pruett, Romero, Smith
None Commissioner Carlton MOTION CARRIED 2. CONDITIONAL USE
PERMIT 2185-97 - LA SALSA Mr. Jones obtained the resolution of approval for Chili's Restaurant,
with 12 conditions of approval.Condition 6 limited the sale of alcoholic beverages between 11 :00 a.m. to 11 :
00 p.m. Sunday through Thursday, and the restaurant closes at 12 midnight. And, the condition
limits the sale of alcohofic beverages between the hours of 11 :00 a.m. and 12 midnight on Friday
and Saturday, and the restaurant closes at 1 :00 a.
m. on Friday and Saturday.Chairman Bosch said the condition should tie in that sales shall cease
one hour before closing time.Mr. Von der Ahe stipulated to the operating hours and did not have a
problem limiting the sale of alcoholic beverages
to one hour before closing.
The public hearing was closed.Chairman Bosch had concerns with the patio. From past experience, the ABC is
going to limit what can be done there. The patio can only be accessed from inside the restaurant,
given the limited area. There should be no sales of alcohol on the patio, outside the glass wall or the
applicant needed to provide the Commission with a plan that shows how he will physically accommodate that in order
to be sure that it works. He didn't know what the threshold is on how small a restaurant can be
and still function given the sales of alcoholic beverages. There aren't that
many seats inside the restaurant.The public hearing was re-opened
to receive comments from Sgt. Weinstein.Sgt. Weinstein talked with the ABC earlier in the day in regards
to the patio requirements for outdoor sales. ABC has somewhat modified their conditions to reflect
individual approval based on the location of the restaurant, based on the particular configuration of the patio. Their
main function is control of the alcoholic sales and consumption to make sure there is no alcohol passed out
on the street or out of control of the restaurant. There may be City requirements that could be
added in conjunction with ABC's requirements. It
would be a dual approval system.The Commission wanted to know the City's policy on how to control
alcohol sales in problem areas vs.areas that are not a problem, as designated by the Police Department.
Staff was asked to come back with a report on the patio issues and alcoholic beverages
in commercial districts that abut residential districts
and also public sidewalks and
streets.
The public hearing was closed.
Planning Commission Minutes September 3, 1997
It was noted that Mitigated Negative Declaration 1501-96 was categorically exempt from CEQA
review,and it previously addressed the environmental effects related to a comprehensive site
development
plan.Moved by Commissioner Pruett, seconded by Commissioner Bosch, to approve Conditional
Use Permit 2185-97, with conditions 1-14, revising condition 6 by limiting the hours of
alcohol sales between 11:00 a.m. and 11:00 p.m., Sunday through Thursday, and 11:00 a.m. to 12 midnight
Friday and Saturday with alcohol consumption to cease one hour prior to the actual closing time, with operating hours
of 11 :00 a.m. to a maximum of midnight on Sunday through Thursday, and 11:00 a.m. to 1 :00 a.m.
on Friday and Saturday. The conditional use permit is granted upon sound principles of land use
principles and in response to services required by the community. It will not cause deterioration of bordering
land uses or create special problems for the area in which the site is located. The conditional use
permit is considered in relationship to its effect on the community and neighborhood plans for the area and it
is subject to those conditions necessary to preserve the general welfare, not the individual welfare
of
the
applicant.
AYES:NOES:ABSENT:Commissioners Bosch,
Pruett,
Romero, Smith None Commissioner
Carlton MOTION CARRIED
IN RE: ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Pruett, to adjourn to
the next regularly scheduled meeting. The meeting adjourned at 7:
55
p.
m.
AYES:NOES:ABSENT:Commissioners Bosch,
Pruett,
Romero, Smith None Commissioner
Carlton
MOTION