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HomeMy WebLinkAbout09-21-1998 PC MinutesC- c!l ':)-66 . 6-. ~. 3 MINUTES Planning Commission City of Orange September 21,1998 Monday - 7:00 p.m.PRESENT: Commissioners Bosch, Carlton, Pruett, Romero ABSENT: Commissioner Smith STAFF PRESENT: Vern Jones, Planning Manager/Secretary,John Godlewski, Senior Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary IN RE: CONSENT CALENDAR 1. APPROVAL OF THE MINUTES FROM THE MEETINGS OF SEPTEMBER 9 & 14, 1998.Moved by Commissioner Pruett, seconded by Commissioner Carlton, to continue the Minutes of September9 & 14, 1998 to the next meeting.AYES: NOES: ABSENT: IN RE:Commissioners Bosch, Carlton, Pruett, Romero None Commissioner Smith MOTION CARRIED NEW HEARINGS 2. CONDITIONAL USE PERMIT 2238-98. AROMA ITALIANO COFFEE HOUSE A request for an on-sale beer and wine license for an existing coffee and pastry shop. This site islocatedat1948NorthTustin Street.NOTE:This project is categorically exempt from the provisions of the California EnvironmentalQualityActperStateCEQAGuidelinesSection 15303.The presentation of a full staff report was waived as there was no opposition to this item.The pUblic hearing was opened.Aoolicant. Riccardo Bosco. 4591 Warner Avenue. Huntinoton Beach. said they have been in business in Orange for five (5) years. They started a cigar business two (2) years ago to help advertise theircoffeehouse. They now want to sell beer and wine in addition to the cigars. They believe they are theonlycoffeehouseandcigarbarinthearea. They have discussed this beer and wine proposal withtheirlandlordandadjacentneighborsandnoone objects.Commissioner Romero did not see a plan for the proposed fencing of the patio area.Mr. Bosco replied he gave Planning staff a copy of their plans, and ABC is dealing with that issue. They received approval from the Orange Police Department to move forward with their plans, as long as ABC approves of the fencing. Planning Commission Minutes September 21, 1998 Chairman Bosch noted the applicant is proposing to fence the entire area and he was concerned about the setback of the fence from the curb line by the handicap parking space, as well as sight lines. There is a blind spot in that particular location. He wanted to know how this will not become a potential danger. Mr. Bosco said Planning staff will not allow them to fence the entire area; they are proposing to fence the island, which will not obstruct the walkways or handicap ramp. They propose to install a four (4) foot highwroughtironfencewithagate. The public hearing was closed. Commissioner Pruett did not have a problem with the applicant's proposal to serve beer and wine within the existing coffee house; however, he was concerned about the outdoor patio area. The location of the patio area is off to the side and the entrance/exit door is quite a bit to the north according to the plans.When alcohol is being moved to the outside, there needs to be strong controls as it relates to being within the fenced patio area. He was uncomfortable with the layout of the patio on that peninsula. Chairman Bosch was also concerned about the outdoor patio exposure. The purpose for the license is relative primarily to cigars, which can only be consumed on the exterior. He was concerned that thebusinesscouldtransitionfromacoffeehousetoabusinessthatisprimarilyforfoodwithbeerandwine. Commissioner Carlton did not object to serving beer and wine on the patio. It worried her in trying tovisualizethatsectionfilledwithcustomerssittingaroundthetablesandtakingupvisualspace. Someone driving southward in front of that patio -- there is no stop sign at that location. And, there is a height obstructionwiththefence. She asked if another stop sign could be installed.Mr. Hohnbaum explained to put a stop sign inside of a private parking lot would be unenforceable by the PoliceDepartment. He's not sure it would have the full effect the Commission is looking for.Chairman Bosch is very uncomfortable with this project. It is setting a precedent where there could be an obstruction and danger to pedestrian visibility and traffic. He couldn't support the proposal because of the smallarea.The Commission wanted to know if they could restrict the sales and service of alcoholic beverages to the interiorspaceoftherestaurant.Mr. Jones believed the Commission could restrict the ABC license to the interior space, with findings that itisnotappropriatetohaveanoutdoordiningarea.Commissioner Pruett thought by approving this request, it would change the characteristics of the nature ofthebusinessactivitythatcouldtakeplace. They would be going from a coffee house to a restaurant that offers beer and wine as part of their sales. There are a number of restaurants in the adjacent area that providethesameservices.Chairman Bosch was concerned about the definition of other commodities -- consumable as food or other beverages andalcoholicbeverages.Ms. Binning stated a commodity would include cigars.It was noted the project is categorically exempt from CEOA review.2 Planning Commission Minutes September 21, 1998 MOTION Moved by Commissioner Bosch, seconded by Commissioner Romero, to deny Conditional Use Permit2238-98 based upon findings that the conditional use permit if granted, would not fulfill soundprinciplesoflanduseduetotheveryrestrictednatureoftheproposedoutdoorpatioareaforallowingtheseparationoftheserviceandconsumptionofalcoholicbeveragesfromvehicularcirculationandpedestrianareas,and would not allow unobstructed control of that service and sales from within the adjacent store. That,the granting would set a precedent for request of utilization of a beer and wine license with the saleofothercommoditieselsewhereinthesimilarzonewhichcouldbeharmfulinitsrelationshipofthelandtothecommunityandneighborhoodplanforwhichtheareaislocated, and could cause deteriorationofthoselandusesatthissite. That the permit, if granted, would be subject to conditions which wouldservetheindividualwelfareoftheapplicant, and there are no identified conditions which would preservethegeneralwelfarebeyondthat extent. AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero Commissioner Carlton Commissioner Smith MOTION CARRIED Commissioner Carlton voted against the denial because she felt the business has been expanded fromacoffeehousetoincludefood. In order to compete with the other establishments, it is reasonable toallowbeerandwinetobeservedinside. Shedoesn't agree that beer and wine should be allowed to beservedonthe patio.Mr. Jones explained the appeal procedure to the applicant.3. GENERAL PLAN AMENDMENT, ZONE CHANGE 1197-98 AND CONDITIONALUSEPERMIT2250-98 - HOLVALOA REAL TV ADVISORS (UNIVERSITY OF SARASOTA)A proposal to change the City's General Plan and zoning to allow the establishmentofaneducationallinstitutionaluseinanexistingofficefacility. This site is located at 3745West Chapman Avenue.NOTE:Negative Declaration 1573-98 was prepared to evaluate the environmentalimpacts of this project.Mr. Jones distributed additional information to the Commission prior to the meeting. Staff has recently discovered that the parking requirements for the application were not met. The applicantneedstoapplyforaconditionalusepermitforsharedparking, or the Commission needs tomakesomeotherdeterminationthattheparkingrequirementsforcollegesanduniversitiescouldsomehowapplytothisapplication. Mr. Jones also noted the Negative Declaration prepared for this project had anerroronPage4.1.(a) and needs to state there would be no impact.The pUblic hearing was opened.Aoolicant. Jeff Adler. reoresented Holvaloa Realtv Advisors. 2915 Redhill Avenue. Blda. B201 #C. Costa Mesa. They presently have an office building that is zoned "OP" and they request thatthezoningbechangedto "C-1". He wanted the Commissionto know this isn't a trade school. Thebuildingisanofficebuilding, which the University of Sarasota is looking to occupy the space. Mr. Adler explained the University's concept of mostly office space, with five to six conference/classroom type settings. Class hours will not adversely affect traffic and parking. The conference/classrooms will bestaggeredsothatatanygiventimethemaximumnumberofoccupantswouldbe50. A maximum numberofoccupantsfortheentire day would be 75.Commissioner Romero was not opposed to the request, but the parking requirementsmustbemet. He asked if they had considered a Planning Commission Minutes September 21, 1998 Mr. Adler was not opposed to shared parking, and did not object to a conditional use permit for the shared parking. Della Gablesbera. Buildina Prooertv Manaaer for the facilitv. shared some pictures of the existing parking lot taken at various times during the day. The parking lot is under utilized and the under ground parking structure accommodates 22 parking stalls. And, directly across Manchester from the facility, there is a parking lot that has monthly parking. The employees of the University of Sarasota could be required to purchase parking in the lot across the street if parking becomes an issue. Chairman Bosch said the difficulty is trying to find a way of getting away from a deficit per code, despite the fact there is available parking on site, when the hours don't overlap, to a code compliant condition. A collegeluniversity is not allowed in the zone they are asking for. If the Commission finds that the change in zone is appropriate, given the relationship to adjacent parcels, then a vehicle for considering approval of this application would be that it could be stated there is enough similarity between this type of higher education application and a trade school in terms of land use, that it could be supported. The ordinance allows, with approval of a separate conditional use permit, for a shared parking program, which would indicate that a majority of the use may be an hour different than the utilization of the remainder of the building, or because there may be a series of activities, then the strict application of the code in terms of requiring a certain number of parking spaces per square foot for each of the uses need not apply. Mr. Jones explained that the City's parking code section does permit provisions for the types of uses where there may be mixed uses or uses that don't have the same need for parking at the same time. The applicant could consider a conditional use permit for shared parking. The applicants have willingly complied with all of the known criteria, and this parking requirement is a late recognition by staff. There are two issues before the Commission: the land use and to ensure that the City's requirements are met. Ms. Binning said that trade school parking is based on the instructional areas, which is based on six (6) classrooms. There has been talk that not all six (6) classrooms are to be used at the same time. She suggested a condition to restrict the instructional area to a certain amount of students at anyone time so as not to require the unused classrooms as generating a parking demand. Mr. Jones said the staff report indicates the applicant does not use all of the instructional area at a specific time. It appears that there is a way to resolve the parking issues, if for no other reason the applicant has agreed to have no more than 50 students at anyone time. If looking at the numbers, there are 52 parking spaces. Commissioner Pruett wanted to know what other impacts there are in changing the zone to C- 1.Mr. Jones replied the commercial zone has a higher parking requirement than the OP zone. The building is a little less than 20,000 square feet. A parking requirement of five (5) spaces per 1,000 for retail is met with the existing parking. Conversion of the existing facility to commercial use does not make it non-conforming in terms of parking. It actually exceeds the office parking requirements. Staff is not aware of any existing parking problems at this location.The Commission and Mr. Adler discussed the parking situation for their facility in depth. Mr. Adler assured the Commission that the owner would be in favor of shared parking.The public hearing was closed.Commissioner Pruett was concerned about the issue of shared parking and the precedent it sets in terms of approving it, assuming a tenant will give up their rights when in fact they may not.Mr. Jonesdidn't think there had been specific agreements between internal users of a center in the past.But, it has been based upon traditional established parking patterns and use. The other possibility is to more precisely define and limit the instructional area. Planning Commission Minutes September 21, 1998 Chairman Bosch said their key concem was some time before 9:00 a.m. to some time after 4:30 p.m. He needed to see better collaboration between staff and the applicant to arrive at a better defined accounting for the parking that is required, based on the administrative uses, and the applicant's desire to stipulate to a maximum number of students and classroom uses on the site. An analysis is needed before a decision is made. Commissioner Carlton did not think a C-1 zone is appropriate at this location and the site should remain OP.The Commission discussed a zone change and general plan amendment for this project with staff. The land use remains an issue, as well as the need to have more precise information relative to the parking implications and potential conditions of approval.Mr. Adler is sensitive to the residents in the area, and he understands the buffer zone between the C-1 and C-2 zones. It makes sense to him to keep the OP zoning. They stipulated to a continuance to resolve the parking issues.MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero, to continue the General Plan Amendment, Zone Change 1197-98 and Conditional Use Permit 2250-98 to the meeting of October 19.1998.AYES:NOES:ABSENT: Commissioners Bosch, Carlton, Pruett, Romero None Commissioner Smith MOTION CARRIED RECESS - The Chair recessed the meeting at 8:55 p.m.RECONVENE - The meeting reconvened at 9: 00 p.m.4. CONDITIONAL USE PERMIT 2243-98 - YOUNG' S MARKET COMPANY A request to allow the sale of individual bottles of alcoholic beverages from the premises, directly to retail customers (with sales limited primarily to company employees). State regulations require the issuance of an "off-sale" license for the privilege of selling retail, versus wholesale. This site is located at 2164 North Batavia Street.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301.The full presentation of the staff report was waived; however, Mr. Jones wanted the Commission to know that staff looked at condition 2 and recommends that the Commission modify the wording.The public hearing was opened.Applicant. Steve Chadd. 2164 North Batavia. represented Young's Market, a wholesale alcoholic beverage distributor. They are requesting an ABC license to sell distressed label or old vintage wine to their own employees. They are not interested in setting up a retail outlet for people to walk in, off the street. They have 150 to 300 employees at their Orange facility.Commissioner Carlton wanted to know if the applicant would agree to a condition to only sell to the employees.Mr. Chadd said he would agree to that condition, if it is necessary; however, they are not interested in having retail trade. They do not want someone walking in off the street because of their security rules.Those people would not get past the security guard; they would be told the company is a wholesale distributor and not Planning Commission Minutes September 21, 1998 Ms. Binning stated that although the Commission can control who is allowed at the facility, ABC has pre- empted that particular aspect of who can buy the alcoholic beverages. The public hearing was closed. It was noted the project is categorically exempt from CECA review. MOTION Moved by Commissioner Pruett, seconded by Commissioner Carlton, to recommend to the City Council to approve Conditional Use Permit 2243-98 with conditions 1-6, modifying condition 2 -- "The City shall review CUP 2243-98 after six months of operation. Review shall be conducted by the Community Development Director and the Police Chief, or designees. Then continue with the last two sentences of condition 2 listed in the staff report." This permit should be granted upon sound land use principles and in response to the services required. It will not cause any deterioration of any bordering land uses or create special problems in the area in which it is located. The permit is considered in relationship to its effect on the community or neighborhood plans for the area, and finding that it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of the applicant. AYES: NOES:ABSENT:Commissioners Bosch, Carlton, Pruett, Romero None Commissioner Smith MOTION CARRIED 5. NEGATIVE DECLARATION 1572-98-CITYOFORANGE A proposal to alleviate flooding problems along Glassell Street from Walnut Avenue to Lomita Avenue by performing an environmental assessment of a City storm drain construction project. The project extends from the intersection of Walnut Avenue and Lemon Street easterly to the intersection of Walnut Avenue and Glassell Street, and on Glassel! Street from Walnut Avenue northerly to Lomita Avenue.The public hearing was opened and closed without public comments.MOTION Moved by Commissioner Romero, seconded by Commissioner Bosch, to approve Negative Declaration 1572-98.AYES:NOES:ABSENT: Commissioners Bosch, Carlton, Pruett, Romero None Commissioner Smith MOTION CARRIED IN RE:ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Carlton, to adjourn at 9: 20 p.m.AYES:NOES:ABSENT: Commissioners Bosch, Carlton, Pruett, Romero None Commissioner