HomeMy WebLinkAbout07-06-1998 PC MinutesJ~~
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MINUTES
Planning Commission
City of Orange
July 6,1998
Monday - 7:00 p.m.PRESENT:
Commissioners Carlton, Romero, Smith ABSENT:
Commissioners Bosch. Pruett STAFF
PRESENT:
Vern Jones. Planning Manager and Commission Secretary,John
Godlewski, Senior Planner,Mary
Binning, Assistant City Attorney,Roger
Hohnbaum, Assistant City Engineer, and Sue
Devlin, Recording Secretary IN
RE: ITEM TO BE CONTINUED 1.
CONDITIONAL USE PERMIT 2228-98. VARIANCE 1554-98 - LYNDA WHITMIRE
The applicant has requested a continuance of the public hearing to July 20, 1998 allowing time for plan
revision and resubmission to the Design Review Board at their July 8, 1998 meeting.
Moved by Commissioner Carlton, seconded by Commissioner Romero, to continue Conditional Use
Permit 2228-98 and Variance 1554-98 to July
20,
1998.
AYES:
NOES:ABSENT:
IN RE:Commissioners Carlton,
Romero,
Smith None Commissioners Bosch, Pruett
MOTION CARRIED 2. APPROVAL OF MINUTES FOR THE MEETING OF JUNE
15, 1998
CONSENT CALENDAR Moved by Commissioner Carlton, seconded by Commissioner Romero, to continue the
Minutes of June 15, 1998, to the July 20, 1998 meeting. A quorum is needed to approve the
Minutes and Commissioners Romero and Smith were not present at the June
15
meeting.
AYES:
NOES:ABSENT:Commissioners Carlton,
Romero,
Smith None Commissioners Bosch, Pruett
MOTION CARRIED 3. MITIGATED NEGATIVE DECLARATION 1554-98 DESIGN REVIEW BOARD (ORB) 3315 -
JAN WEST A proposal to allow the demolition of an existing garage and the construction of a new
garage located within the National Register Historic District within Old Towne. addressed 193
North Lemon.Recommendation: Approve Mitigated Negative Declaration 1554-98 and ORB #3315
as satisfying the requirements of the California
Environmental Quality Act.Moved by Commissioner Romero, seconded by Commissioner Carlton, to approve
the
Consent
Calendar.
AYES:NOES:ABSENT:Commissioners
Carlton,
Romero, Smith None Commissioners Bosch,
Pruett
Planning Commission Minutes July 6, 1998
IN RE:CONTINUED HEARING
4. ORDINANCE AMENDMENT 2-98 - CITY OF ORANGE (MASSAGE ESTABLISHMENTS)
A proposal to amend the City Zoning Ordinance related to allowing massage establishments as a
permitted and/or accessory use in the City's commercial zoning classifications: OP (Office Professional),
C-P (Commercial-Professional), C-1 (Umited Business), C-2 (General
Business), C-3 (Commercial), C-R Commercial Recreational), and CT -R (Umited
Business, Tustin Redevelopment Project Area) Districts.Continued from the
June 6, 1998 Planning Commission meeting.)NOTE:Negative Declaration 1563-98 was prepared
to
evaluate the environmental impacts of this project.Chris Carnes, Associate Planner, briefly summarized that
the Planning Commission directed staff to re-advertise the proposed ordinance amendment to
expand the advertising to include additional zoning classifications; specifically, the CoR zone. Staff
revised the proposed ordinance to include massage therapy (a personal service use) as an accessory use in any
of the City's commercial zoning districts.Commissioner Smith noticed in the first staff report the criteria
that the massage therapist must have. One of the requirements is that they must pass a National Certification Exam.
She asked if there was only one exam, or were there several. How can the
City be assured this exam is official.Mr. Carnes stated there were three or four certification exams
a therapist could take and the Police Department maintains a registry of these organizations.
The Police Department verifies and monitors the testing organizations,
as well as the massage
therapist applicants.The public hearing was opened.Marv Ann Chamberlain. 2426 South Rita Way. Santa Ana spoke
in favor of this ordinance amendment and represented a full-service salon owner at 321 South Tustin. The
owner is looking forward to being able to offer massage therapy as part of her service. The massage
therapist
is certified and currently works for a chiropractor.Keverne Woods. 476 Cliffwood Avenue. Brea. currently works
for a chiropractor as a massage therapist in Garden Grove and currently attends a massage school for
continued education. She hopes to open a
day spa and sports massage
facility in Orange.The public hearing was closed.Commissioner Smith noticed an attachment with
some
proposed changes and asked staff for an explanation.Mr. Jones stated attachment #1 follows the staff report, which
identifies those areas that will be modified or added into the code, referring to new
definitions and the commercial use regulations that address massage
establishments as a use within the commercial zones.Moved by Commissioner Romero, seconded by
Commissioner Carlton, to recommend to the City Council to approve Negative Declaration 1563-98, finding that
there is no substantial evidence that the project will have
a
significant
impact
on the environment or
wildlife
resources.AYES:NOES:ABSENT:Commissioners
Carlton,
Planning Commission Minutes July 6, 1998
Moved by Commissioner Romero, seconded by Commissioner Carlton, to recommend to the City Council
to approve Ordinance Amendment 2-98, with attachment #
1.
AYES:
NOES:
ABSENT:IN
RE:Commissioners Carhon, Romero,
Smith
None Commissioners Bosch, Pruett MOTION
CARRIED NEW
HEARING 5. CONDITIONAL USE PERMIT 2225-98 - DAVE & BUSTER'
S A proposal to allow the on-site sale of alcoholic beverages and the creation of an
entertainment center with an arcade, in conjunction with the service of food in a proposed restaurant. The site is located
at 20 City Boulevard West, Building G, Suite 1 (located within The Block at
Orange Center).NOTE:This project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines
Section 15303.Chris Cames, Associate Planner, presented the full staff report for Dave & Buster's. The new
restaurant is being built at the northwest comer of The Block at Orange Center and is approximately 58.
000 square feet. If the conditional use permit is approved, the applicant's proposal will be forwarded to
the Alcoholic Beverage Control Board for a type 47 license, which would allow all forms of alcoholic beverages
to be sold on-site. The applicant has submitted an Alcoholic Management Program to
the Police Department,which was approved. The purpose of the Program is to familiarize the applicant of the City'
s policies on how to handle the sale and consumption of alcoholic beverages, and how to handle difficult
people on the site. The business proposes to be open from 11:00 a.m. to 2:00 a.m. The sale of
alcoholic beverages will be from 11:00 a.m. to 1:00 a.m. The Police Department has reviewed the proposed
operating hours, floor plan and mixture of uses, and they have recommended several
conditions of approval.Commissioner Smith did not see the hours of operation spelled out in the conditions
of approval, other than the sales, service and consumption of alcoholic beverages; however, the operating
hours are listed on Page 3 of the staff report. She thought the Commission has been listing the hours of
operation
in the conditions.Mr. Jones responded yes, the Commission has spelled out the hours of operation and the
hours in which alcoholic beverages can be sold in the
conditions of approval.Commissioner Carlton referred to Page 3 of the staff report, fifth paragraph, last sentence --
The applicant has a company policy of a 9:00 P.M. curfew for customers under 21 years of age. But, condition
10 on Page 7 prohibits the admission of anyone under the age of 18 years after 10:00 P.M. This
is confusing and she wondered how that would
be regulated.Mr. Carnes said the applicant's policy is stricter than the City's condition. They are exceeding the
City's restrictions. Condition 10 has only been used once before for The Gameworks, which is also
located at The Block at Orange Center. This is not a typical oondition that has been applied to
other arcades.The public hearing
was opened.ADolicant. Bryan Soain. 2481 Manana Drive. Dallas. Texas. represented Dave & Buster's.
He has reviewed the conditions of approval and is in complete agreement with the conditions. with
two minor exceptions. As a matter of policy, their curfew is 10:00 P.M. and customers are informed of
this policy upon entering. Greeters checkI.D.'s and young people must be accompanied by a
responsible adult.They are also asked to leave the facility at 10:00 P.M., unless they are in the dining area having
dinner with their families. They have run into legal issues with their policy of a parent or legal guardian. They've
had to alter their policy to state that a responsible adult must accompany the child. He referred to
condition
Planning Commission Minutes July 6, 1998
and did not have a problem with monitoring the youth coming into the facility. However, it's very difficult to
monitor youth, under the age of 18, during school days. People travel and take vacations at different
times throughout the year; schools are on year round schedules. It would be very difficult to monitor the
youth that are on vacation with their parents.
The Commission and applicant discussed Dave & Buster's curfew hour, which is 10:00 P.M. Dave &
Buster's will monitor the youth entering the facility between the hours of 11:00 A.M. and 3:00 P.M. The
youth must be accompanied by a responsible adult, over the age of 25 years old, if they are under 21
years old. Dave & Buster's policy is 21 years old.
Earl Pritchard. One City Blvd. West. #1700. represented The Mills Corporation, and spoke in favor of Dave
Buster's facility.
Mr. Spain did not have a problem with ceasing the sale of alcoholic beverages one hour prior to closing.
Staff did not include the hours of operation in the conditions because the applicants change their hours,
depending on business. Then, the applicants must come back to the City and change their hours of
operation to be in compliance with their conditional use permit. Condition 6 should be worded to state,
Sales...
shall begin at 11:00 A.M. and cease one hour before closing, or no later than 1 :00 A.M.,
whichever is earlier." The specific business hours should not be stated. This allows the applicant to be
flexible with the hours of operation, but still meet the intent of the condition.
The public hearing was closed.
Commissioner Smith is looking for consistency across the board with the restaurant applicants regarding
the hours alcohol can be sold and served.
Mr. Jones said in the past the Commission has specified in the conditions both the hours of operation and
the limitation of sales, service and consumption of alcoholic beverages. By modifying the condition, the
intent will still be consistent. The hours of business operation do not need to be specified in the
condition.
Commissioner Romero was in favor of the project and did not have a problem with deleting condition 11
and modifying condition 10 to reflect age 21, and adding the words "responsible adult".
Ms. Binning stated a private enterprise can enforce their own restrictions and be stricter than a City;
however, 18 years is the legal age of majority in the State. The exception is 21 years for alcoholic
beverages. She didn't believe it would be enforceable for the City to place a condition using 21 as a cut
off.
The Commission suggested changing conditions 10 and 11. Condition 10 shall state: Any person under
the age of 18 years, must be accompanied by a responsible adult to remain on the premises up until the
hour of 10:00 P.M. Condition 11 shall state: Business shall prohibit the admission of, or allow any person
under the age of 18 years to remain upon the premises after the hour of 10:00 P.M. Condition 6 shall
state: Sales, service and consumption of alcoholic beverages shall be permitted only after the hour of
11:00 A.M. and to continue up until one hour prior to closing, or no later than 1:00 A.M.
It was noted the project is categorically exempt from CEOA review.
4
Planning Commission Minutes July 6. 1998
Moved by Commissioner Romero. seconded by Commissioner Smith, to approve Conditional Use Permit
2225-98, with the conditions of approval listed in the staff report, modifying condition 6: Sales,
service and consumption of alcoholic beverages shall be permitted only after the hour of 11:00 A.M. and
to continue up until one hour prior to closing, or no later than 1:00 A.M. Modify Condition 10: Any
person under the age of 18 years, must be accompanied by a responsible adult to remain on the premises up
until the hour of 10:00 P.M. And, modify Condition 11: Business shall prohibit the admission of, or allow
any person under the age of 18 years to remain upon the premises after the hour of 10:00 P.M. Rnding that
it is based upon sound principles of land use and in response to services required by the community; it
is granted because 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 or
neighborhood plans for the area in which the site is located; and it is made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular
applicant.
AYES:
NOES:
ABSENT:Commissioners Carlton, Romero,
Smith
None Commissioners Bosch, Pruett MOTION
CARRIED 6. CONDITIONAL USE PERMIT 2226-98 - RUBIO'
S A proposal to allow the on-site sale of beer and wine in conjunction with the service of food in
a proposed restaurant. The site is located at 20 City Boulevard West, Building G3, Suite F-8 (located
within The Block
at Orange Center).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, briefly explained the applicant is requesting a conditional
use permit for the sale of alcoholic beverages for on-site consumption. The proposed hours of operation are
11 :00 A.M.to 11:00 P.M. The restaurant is located within the food park area of The Block at
Orange Center. The area will be developed with 10 or 15 fast-food restaurants. The Police
Department has reviewed the proposed hours of operation, the floor plan of the proposal, including the outdoor
dining area, and they have recommended approval. The ABC will also be reviewing the floor plan and
outdoor dining area to assure that alcoholic beverages are not passed out from that area. The staff
report includes 14 conditions and staff recommends a revision to condition 6. It needs to state: Sales,
service and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 A.M. and one hour
before closing, or 1:00 A.M., whichever is earlier. The conditions include restrictions on no live entertainment
or
a bar or lounge area.
The public hearing was opened.ADDlicant. Valerie KemD. 7965 Sagewood. Anaheim Hills. is the real
estate manager for Rubio's Restaurant. They have read the staff report and agree with the
conditions of approval, including the modification to condition 6. They only sell and serve beer and wine. which represent
less than
2% of their gross sales.
The public hearing was closed.It was noted the project is
categorically
Planning Commission Minutes July 6, 1998
Moved by Commissioner Carlton, seconded by Commissioner Romero, to approve Conditional Use
Permit 2226-98, with the conditions listed in the staff report, modifying condition 6 to read: Sales,
service and consumption of alcoholic beverages shall be pennitted only between the hours of 11:00 A. M.
and one hour prior to dosing, or 1:00 A.M., whichever is earlier. The required findings indude that the
permit 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; and it has
been considered in relationship to its effect on the community or neighborhood plans for the area in which
the site is located; and it is made subject to those conditions necessary to preserve the general welfare,
not the indMdual welfare of any particular
applicant.
AYES:
NOES:
ABSENT:Commissioners Cartton, Romero,
Smith
None Commissioners Bosch, Pruett MOTION
CARRIED 7. NEGATIVE DECLARATION 1566-98 - CITY OF ORANG EID EPARTM ENT OF PUBLIC
WORKS Mr. Hohnbaum presented a Negative Declaration for the proposed construction of a 24"_60"
reinforced concrete pipe storm drain main line located on Walnut Avenue from Milford Street to Sacramento
Street,Sacramento Street from Walnut Avenue to Carrie Avenue, Markwood Street from Carrie Avenue
to Oakmont Avenue, Handy Park, Collins Avenue from Costa Mesa Freeway to Handy Street,
Sacramento Street from Collins Avenue to Monroe
Avenue.The public hearing was opened and closed. There were no public
comments.Moved by Commissioner Romero, seconded by Commissioner Carlton, to approve Negative
Declaration 1566-98 finding that the project will not have an adverse impact on the environment or
wildlife
resources.
AYES:
NOES:ABSENT:
IN RE:Commissioners Cartton,
Romero,
Smith None Commissioners Bosch, Pruett
MOTION
CARRIED ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Carlton, to adjourn to the
next regularly scheduled meeting on July 20, 1998. The meeting adjourned at 8:05
p.
m.
AYES:
NOES:
ABSENT:Isld Commissioners Carlton,
Romero,
Smith None Commissioners Bosch, Pruett
MOTION