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HomeMy WebLinkAbout09-14-1998 PC Minutest,;<. ~66. G-. ~..3 MINUTES Planning Commission City of Orange September 14,1998 Monday - 7:00 p.m.PRESENT: Commissioners Bosch, Carlton, Romero, Smith ABSENT: Commissioner Pruett STAFF PRESENT: John Godlewski, Senior Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary IN RE: NEW HEARINGS 1. CONDITIONAL USE PERMIT 2234-98 - VAN'S INC.A proposal to allow an indoor/outdoor skateboard park and an amusement arcade. The site is located at The Block at Orange, east of The City Drive and north of the 22 Freeway.NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15305.Chris Carnes, Associate Planner, reported the proposal before the Commission is for an amusement arcade and a skateboard park. Both types of requests require a conditional use permit. The proposed facility is part of The Block at Orange by the Mills Corporation. The proposal includes a 43,000 square foot facility with 36,000 square feet on the ground floor, which would include a retail store, locker rooms and storage. The majority of the area is going to be improved with a skateboard park. Approximately 5,400 square feet of the skateboard park will be outside the facility. The second floor will have approximately 6, 500 square feet in which an amusement arcade will be located consisting of about 1,000 square feet.The Staff Review Committee has reviewed this proposal and did not express any concerns. The Police Department, at the request of the applicant, has revised several of the conditions of approval in order to allow the Police Department a little more flexibility in developing security standards and monitoring standards for the arcade. Condition 9 was modified and condition 11 was added.The public hearing was opened.ADDlicant. Mark Green. 3510 Torrance Blvd.. Torrance. represented Van's. They hope to start interior improvements soon. They have reviewed the conditions of approval and concur with them. Van's has their own security staff, and they anticipate a close working relationship with the Police Department. The ru1es of the mall will be such that kids will not be allowed to skateboard in the parking lots and common areas of the shopping center. This is their first venture into a skateboard/amusement type facility. There will be three (3) skating levels: advanced, intermediate and a pee wee course. The pee wee area is for younger children, it will be segregated and supervised by staff at all times. There will be a $50 annual membership fee, which will reduce the fees for skating. To skate two (2) hours, it will cost $8.00 for members; non-members will pay $11.00 for a 2-hour session. In-line skating will be allowed, but they do not have the capability for roller hockey.Commissioner Smith wanted to know if the staff will be trained in first aid and/or are there requirements for safety equipment for the Planning Commission Minutes September 14, 1998 Mr. Green explained that the skaters are required to wear safety equipment, helmets and pads, at all times. He was also certain that Van's would be training their staff in first aid. Commissioner Smith suggested that first aid training be part of the conditions of approval. The public hearing was closed. Chairman Bosch asked at what point does the City have a boundary that they might want to set relative to making a statement regarding a potential area of liability vs. what the responsibility of the owner is. Ms. Binning stated the Planning Commission's jurisdiction does cover the health, safety and welfare of the public as it relates to the land use that is being requested. Crafting a condition might take some expertise in knowing just how to word the condition to make sure of the requirements. Commissioner Smith was excited to see this type of facility. However, she wanted to add a condition to require basic first aid training for the staff. There are Red Cross courses available in both CPR and first aid treatment. Many companies are required by State law to have their employees trained. All staff members within six (6) months of hire, need to have a card and training in both CPR and first aid for children and adults. The Commission discussed enforcement of CPR and first aid training of Van's employees. There was concern for the opening day and it was felt a certain number of employees needed to be trained before six months. The public hearing was re-opened to discuss this concern with the applicant.Mr. Green anticipated there would at least be one senior manager to be on duty at all times, if not two, and stated the adult senior manager(s) would be trained in CPR and first aid for opening day. The fifteen employees work throughout the entire store .- not just the skateboard park. Leticia Hickman. 3510 Torrance Blvd.. Torrance, is Mr. Green's business partner. One of the issues she has dealt with in the past is the issue of directing the care. Her concern is for the "over confidence" of people trained in CPR and first aid. She requested that their safety and health experts work with the City to look at the best way to help injured people. The public hearing was closed. Commissioner Carlton suggested a condition that Van's submit a safety plan subject to the approval by staff. After much discussion, the Commission concurred that all skating floor attendants shall be trained within six (6) months of hire, including all managers in basic first aid and CPR training for both adults and children. This does not include retail staff. On opening day at least three (3) staff people should have CPR training and first aid. The applicant shall also develop written policies and procedures for safety, first aid and emergency care, including the procedures for full staff training and identification of a safety officer (adult senior manager) who must be on duty at all times to direct care within the policies and procedures. The policies and procedures and training methodology shall be presented to, and approved by, the applicant's risk management and insurance company. It was noted the project is categorically exempt from CEQA review. 2 Planning Commission Minutes September 14, 1998 Moved by Commissioner Smith, seconded by Commissioner Bosch, to approve Conditional Use Permit 2234-98 - Van's Inc. with the revised conditions of approval per the September 14, 1998 memorandum. Condition 9 has been modified and condition 11 has been added. Condition 12 is also added: "All skating floor attendants shall be trained within six (6) months of hire, including all managers in basic first aid and CPR training for both adults and children. Classes are provided through the Red Cross or other private agencies and certification is awarded. This does not include retail staff. On opening day at least three (3) staff people should have CPR training and first aid. The applicant shall also develop written policies and procedures for safety, first aid and emergency care, including the procedures for full staff training and identification of a safety officer (adult senior manager) who must be on duty at all times to direct care within the policies and procedures. The pOlicies and procedures and training methodology shall be presented to, and approved by, the applicant's risk management and insurance company." Approval is based on the findings that the conditional use permit is granted upon sound principles of land use and in response to services required by the community. The granting of the CUP will not cause deterioration of bordering land uses or create special problems for the area. It has been considered in relationship to its effect on the community and the neighborhood plans for the area. It is subject to the conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 2. CONDITIONAL USE PERMIT 2235-98 - CAFE TU TU TANGO A proposal to sell alcoholic beverages and provide live entertainment in conjunction with the operation of a restaurant. The site is located at The Block at Orange, east of The City Drive and north of the 22 Freeway. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. Chris Carnes, Associate Planner, presented an application requesting a CUP to allow alcoholic sales at the site and allow the State's Alcoholic Beverage Control (ABC) to issue a type "48" license. The proposed facility is located within the entry way of The Block at Orange. It is approximately 9,200 square feet in size, which includes 2,000 square feet of outdoor dining area. Because the applicant has areas restricted to just the sale of alcoholic beverages, the Police Department and City ordinance requires an Alcoholic Management Program, which the applicant has submitted to the Police Department. And, the Police Department has approved their plan. The pUblic hearing was opened. Aoolicant. Bradlev Weiser. 3250 Marv Street. Coconut. Ronda, was excited in bringing their project to the City of Orange. He explained their live entertainment. The main theme of the restaurant is that of an artists' loft and they have 2-4 working artists in the restaurant every day. They also have spontaneous entertainment of tango dancers and opera singers to enhance the evening's activities.Chairman Bosch has not seen such a large bar outdoors with the outdoor seating area opening onto the main entry way to the theaters. He was concerned about the exposure of alcoholic beverages in close proximity to the main access to the theaters.Mr. Weiser said one of the key points to remember is that they are a restaurant. The bar will give people a place to wait for restaurant seating. They control the environment anddon't let it get out of hand. They go through a significant amount of training with all of their team members, and have several managers on the floor throughout the evening. Their indoor/outdoor bar has almost become a signature of their restaurants, and it is not something they have a problem with. If they need to get their own security to Planning Commission Minutes September 14, 1998 control the situation, they will. The patio enclosure is about 4 feet high with controlled access areas for fire services. Commissioner Smith asked if the applicant would be adverse to changing the hours of operation to 11 :00 a.m. rather than 11:30 a.m. The applicant did not have a problem with the change in hours. The public hearing was closed. Commissioner Smith is excited about this restaurant because it sounds like a lot of fun. She thought the condition for the hours of operation should be revised to reflect the same hours of operation for all restaurants. It was noted the project is categorically exempt from CEOA review. Moved by Commissioner Romero, seconded by Commissioner Smith, to approve Conditional Use Permit 2235-98 - Cafe Tu Tu Tango, with conditions 1-13 listed in the staff report, with the revision of condition 6,changing the hours of operation to 11:00 a.m. rather than 11:30 a.m. The Commission finds that the CUP is granted upon sound principles of land use 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 it is located. It is considered in relationship to its effect on the community and neighborhood plans for the area in which the site is located. And, it is subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Chairman Bosch stated he believed the conditions of approval that the Police Department helped to craft into the conditional use permit relative to the control of service of alcoholic beverages, helps assure him that there will be adequate review in addition to the quality of operation that the applicant has had at other locations. There are required policies that will be in place for the applicant in running the operation, as well as for review by Planning and the Police Department.3. CONDITIONAL USE PERMIT 2236-98 - ALCATRAZ BREWING COMPANY A proposal to sell alcoholic beverages and brew beer for on-site consumption in conjunction with the operation of a restaurant. The site is located at The Block at Orange, east of The City Drive and north of the 22 Freeway.NOTE:This project is categorically exempt from the provisions of the California Environmental Ouality Act per State CEOA Guidelines Section 15303.Chris Carnes, Associate Planner, reported the applicant is proposing the construction of a new restaurantlbeer brewery within "The Block at Orange" and is requesting the on-site sale of alcoholic beverages, which includes all types of beer, wine and hard liquors. The applicant is including a beer brewery within the facility. This is a new license, type "75" to allow the on-site production of beer. The proposal is 12,600 square feet in size and includes approximately 2,000 square feet of outdoor dining area. The proposed site plan includes areas that are specifically for the consumption of alcoholic beverages. The applicant has submitted, and the Police Department has approved, an Alcoholic Management Program.The public Planning Commission Minutes September 14, 1998 Aoolicant. Michael Merriman. Director of Beveraae Ooerations for the California Cafe. 5725 Paradise Drive 450. Corte Madera. was looking forward to bringing their restaurantlbrewery to Orange. It will be their fifth brewery restaurant in their stable of 24 restaurants. He explained how they came up with the name of Alcatraz Brewing Company. Commissioner Romero asked if the applicant would mind changing the hours of operation to 11:00 a.m. Mr. Merriman did not object to the change. The public hearing was closed. It was noted the project is categorically exempt from CEOA review. Moved by Commissioner Carlton, seconded by Commissioner Romero, to approve Conditional Use Permit 2236-98 - Alcatraz Brewing Company, with conditions 1-13 listed in the staff report, revising condition 6 by changing the hours of operation to 11:00 a.m. rather than 11 :30 a.m. Per O.M.C. Section 17.10.030.F, the CUP is granted upon sound principles of land use 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 it is located. It has been considered in relationship to its effect on the community and neighborhood plans for the area in which the site is located. And, these conditions are made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 4. CONDITIONAL USE PERMIT 2240-98 - CORNER BAKERY A proposal to sell beer and wine for on-site consumption in conjunction with the operation of a restaurant.The site is located at "The Block at Orange" west of The City Drive between Chapman Avenue and the SR-22 ( Garden Grove) Freeway.NOTE:This project is categorically exempt from the provisions of the California Environmental Ouality Act per State CEOA Guidelines Section 15303.Chris Carnes, Associate Planner, said the proposal before the Commission is a request to allow the service of beer and wine for on-site consumption in conjunction with the operation of a restaurant. This is a minor accessory service to the customers of the restaurant. The proposal does not include any separate areas serving beer and wine so the applicant was not required to have an Alcoholic Management Plan.The recommended conditions of approval include that the site not have any designated lounge or bar areas. The proposed facility is approximately 8,100 square feet of which 2,000 square feet is outdoor dining. The proposed site is located within the food park area of The Block at Orange.The public hearing was opened.Aoolicant. Carl Baber. 3333 Bristol Street #1622. Costa Mesa, is the General Manger for Corner Bakery.They have roughly 40 Corner Bakeries across the United States. Corner Bakery is more than just a bakery in itself. They have 35 different varieties of breads, along with sandwiches, pizzas, pastas, soups --- it's a casual atmosphere with counter service. Alcohol sales are a very small portion of their business (probably 3% to 5%). They have Alcohol Management training for all of their managers.Commissioner Smith explained that the other restaurants cannot serve alcohol until 11 :00 a.m. Corner Bakery's hour of 9:00 a.m. seems to be a little early. She wondered if the applicant would Planning Commission Minutes September 14, 1998 the hour to 11:00 a.m. before being allowed to serve alcohol. Mr. Baber did not have a problem with the change in hours, nor did he mind staying open later, to be consistent with the other businesses in the area. The public hearing was closed. It was noted the project is categorically exempt from CEOA review. Moved by Commissioner Bosch, seconded by Commissioner Carlton, to approve Conditional Use Permit 2240-98 - Comer Bakery subject to conditions 1-14 as indicated in the staff report, with the revision to condition 6 to set the earliest hour for sales, service and consumption of alcoholic beverages at 11: 00 a.m., to be consistent with the other businesses. This approval is based upon findings in concurrence with O.M.C. Section 17.10.030.F whereas the CUP should be granted upon sound principles of land use and in response to services required by the community. It does not cause deterioration of bordering land uses or create special problems for the area in which it is located. It has been considered in relationship to its effect on the community and neighborhood plans for its area. The CUP is granted subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Carlton, to adjourn to a regular meeting on September 21, 1998. The meeting adjourned at 8:15 p. m. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Isld