HomeMy WebLinkAbout06-01-1998 PC Minutes500, r!-r. :(.3
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MINUTES
Planning Commission
City of Orange
June 1,1998
Monday - 7:00 p.m.PRESENT:
Commissioners Bosch, Carlton, Pruett, Romero ABSENT:
Commissioner Smith STAFF
PRESENT:
Vem 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: CONSENT CALENDAR 2.
APPROVAL OF MINUTES FOR THE MEETING OF MAY 18, 1998 Moved
by Commissioner Romero, seconded by Commissioner Carlton, to arprove the Minutes of May 18,
1998, with the following corrections: On Page 4, regarding Conditiona Use Permit 2208-98 and
Variance 2046-98. delete the sentence following the first motion; and on Page 15 correct the errors in
Item 10 - Conditional Use Permit 2222-98 and Negative Declaration
1556-98.A YES: Commissioners Bosch,
Carlton, Romero
NOES: None ABSTAINED:
Commissioner Pruett ABSENT: Commissioner Smith
MOTION CARRIED 3. MAJOR SITE PLAN REVIEW 54-98 -
ARDEN ENGINEERING A major site plan review for the expansion of an existing industrial site including a new 32,205
square foot facility with required parking. The site is addressed 1878 North
Main Street.NOTE:Negative Declaration 1558-98 was prepared to evaluate the environmental
impacts
of this project.RECOMMENDATION: Approve Negative Declaration 1558-98 and Major Site
Plan
Review 54-98 with conditions.4. MAJOR SITE PLAN REVIEW
56-98 - VARCO INTERNATIONAL, INC.Proposed 25,000 square foot expansion to an existing
industrial manufacturing building addressed 759 North Eckhoff Street (adjacent
to Metrolink right of way).NOTE:Negative Declaration 1562-98 was prepared to
evaluate
the environmental impacts of this project.RECOMMENDATION: Approve Negative Declaration 1562-98
and
Major Site Plan Review 56-98 with conditions.Moved by Commissioner Romero, seconded by Commissioner Pruett,
to approve
Items
3
and
4 of the Consent Calendar.
AYES:
NOES:ABSENT:Commissioners Bosch,
Carlton,
Planning Commission Minutes June 1, 1998
IN RE: NEW HEARINGS
5. CONDITIONAL USE PERMIT 2224-98 - KING'S FISH HOUSE
A request to allow the on-sale beer and wine in conjunction with a new restaurant. The site is located
at 1521 West Katella Avenue (Century Stadium
Promenade).This project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines Section
15303.There was no opposition to this item and the full presentation of the staff report was
waived.
NOTE:The public hearing was
opened.Aoplicant. Sam King. 100 West Broadwav. Lonc Beach. is asking for a full liquor license; not just
beer and wine. They would also like the option of being open until 1 or 2 o'clock a.
m.The public hearing was
dosed.Commissioner Romero did not oppose the longer hours of operation, but wanted to hear from
Sgt.Weinstein about the longer
hours.Sgt. Weinstein, Orange Police Department, was in favor of the extended hours to 2:00 a.m. and
ceasing alcohol sales at 1:00 a.m. The other restaurants in the area are open later and follow the same
rules.Commissioner Carlton did not want to be too restrictive on the hours of operation, as long as
alcohol sales cease one hour before
closing.Mr. Jones said this was the first business to use the Alcohol Management Plan. Condition 1
references this plan. In the Alcohol Management Plan, Item 22 F. refers to the hours of operation. Those hours
also need to be
changed.Sgt. Weinstein agreed that Item 22 F. needs to be amended to keep the Alcohol Management
Plan accurate. He suggested the applicant submit their hours of operation in writing and add that the sale
of alcohol would cease one hour before
closing.The Commission asked Mr. King for his proposed hours of operation for the Fish House and
Crab Lounge, which he replied would be until 12 midnight on Sunday and Monday; and 2:00 a.m.
Tuesday through
Saturday.It was noted the project is categorically exempt from CEQA
review.Moved by Commissioner Bosch, seconded by Commissioner Carlton, to approve Conditional
Use Permit 2224-98 with conditions 1-5 in the staff report, amending condition 1 to state that
the applicant shall submit an amendment to the May 1, 1998 Alcohol Management Plan, to revise Item 22
F. to indicate closing hours of both the Fish House and Crab Lounge as 12 midnight on Sundays and
Mondays; 2:00 a.m. Tuesday through Saturday, and stipulating to the requirement of the
Planning Commission that alcoholic beverage sales, service and consumption shall cease one hour before
closing time. The required findings from Subsection "P of O.M.C. Section 17.10.030 establishes the
following criteria: That the conditional use permit is 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 the area, and also subject to conditions
necessary to preserve the general welfare and not the individual welfare of the applicant. And, this review
was undertaken with regard to the City's zoning ordinances, as well as to the previously approved master
site plan, and specific subsequent approvals for development of the retail and restaurant areas
with the Century Stadium Promenade, within which this
site
is
located.
AYES:NOES:ABSENT:Commissioners Bosch,
Carlton,
Pruett, Romero None Commissioner
Smith
Planning Commission Minutes June 1,1998
6. ORDINANCE AMENDMENT 2-98 - CITY OF ORANGE (MASSAGE ESTABLISHMENTS)
A proposal to amend the City's Zoning Ordinance related to allowing massage establishments as a
permitted use in the City's C-2 (General Business), C-3 (Commercial) and C-
TR (Limited Business,Tustin Redevelopment
Project Area) Districts.Negative Declaration 1563-98 was prepared to evaluate the
environmental
impacts of this project.Chris Carnes, Associate Planner, reported staff prepared this ordinance amendment to
revise the City's zoning ordinance regarding regulating massage establishments. This
proposal was prepared in response to action on April 28, 1998 of the City Council approving and revising
the City's Business License Chapter 5 of the Municipal Code to add r~uirements
for massage establishments, massage therapists and recognizing that massage therapy, whIch was considered an
adult enterprise previously, is a legitimate business and should be allowed subject to
establishing minimum requirements. The ordinance amendment adopted by the Council added specific regulations on
training, hours of operation,restricting alcoholic sales, and interior improvements required to
have
a massage establishment.NOTE:The proposed ordinance amendment deletes the reference in the zoning
ordinance to massaQe parlors,to add definitions on what is a massage, and a definition of massage establishments.
This IS to allow massage establishments as permitted uses in the C-2, C- TR and C-3 zones,
and it is to allow massage therapists as an accessory use to health clubs, beauty shops, barber shops
in the O-P zone, the C-1 zone and the Cop zone. Staff did not include the CoR zone in
this proposal because the intent of that is to serve the regional needs for recreational
purposes, and that zoning classification did not include medical offices as permitted uses, and does
not
include numerous personal service uses as permitted uses.Presently, the City does not have
any legal massage establishments. There are massage therapists operating out of chiropractor offices and they are permitted to do
so by
State law. They are not under City regulations.Chairman Bosch noted for the record that the Commission received
a letter dated June 1, 1998 from Beth Levine, a massage therapist working in a chiropractor's office
in the CoR zone on West Katella. He understands this item has been advertised, not including the
CoR zone. If the Commission is willing to discuss the potential inclusion
of the CoR zone, it must be re-advertised.Mr. Carnes affirmed this item would need to be re-advertised,
which could be done in time for the July 6,1998 Planning Commission
meeting. This ordinance does not affect those massage therapists currently working in a chiropractor's office. He explained
Ms. Levine would like to obtain her own business license
in order to have an accessory business with the chiropractor.Commissioner Pruett did not understand
the nexus between accessory uses of a tattoo salon and massage therapy. He asked if it were necessary to include
all four
uses, or could it be limited to only three uses.Mr. Carnes explained a person would need to
pull a business license and meet all of the minimum training standards required
for a massage therapist who was operating on their own.Mr. Jones stated under the commercial use
section of the zoning ordinance, all four of those
personal services are put together as one type of use.Commissioner Carlton asked if
there were any tattoo parlors in the City of Orange.Mr.
Carnes believed there were two
tattoo
Planning Commission Minutes June 1,1998
Marv Ann Chamberlain. Santa Ana. spoke in favor of this ordinance amendment. She represented the
owner of a full service hair salon on the southeasterly corner of Palmyra and Tustin. The owner would like
to put in one room for a massage therapist as part of her business. The owner has been trying to obtain
a license, but cannot get a license because she is located in the C-1
zone.The public hearing was
closed.Ms. Binning commented that the four uses are called out as allowing massage therapists as an
accessory use. The way the ordinance is currently worded, there is no provision for this to be an accessory use to
a doctor's office. The Commission may also want to consider those uses that are left out. Whether or not
a tattoo salon can be eliminated, as long as it is based on some land use related reasoning, and
the Commission can make a logical connection, then it could be
done.The Commission discussed the possibility of re-advertising and continuing this ordinance
amendment to consider adding the C-R zone and other categories. They wanted to know the risks of this
use from the Police
Department's perspective.Sgt. Weinstein said they have not had any real negative experiences with
massage establishments, as there hasn't been that many. In the past, there had been concern with
untrained people doing massages, and massage parlors that utilize employees who are undesirable or have
a criminal history.Since the new ordinance has been proposed, those concerns have been
eliminated through stringent requirements and conditions. And, the Vice Unit actively checks and responds to concerns
of this nature.Moved by Commissioner Carlton, seconded by Commissioner Bosch,
to continue Ordinance Amendment 2-98 and Negative Declaration 1563-98, regarding
Massage Establishments, to the
meeting
of
July
6, 1998.AYES:NOES:ABSENT:
Commissioners
Bosch, Carlton, Pruett, Romero
None Commissioner Smith MOTION CARRIED Commissioner Pruett asked that the Commission also look at the issue of the
tattoo salon. He wanted to know if it were appropriate for the use to remain
in this personal
use category.IN RE: ADJOURNMENT Moved by Commissioner Carlton, seconded by Commissioner Pruett, to adjourn
to a study session prior to the next regularly scheduled meeting. The study session will be held at 5:30
p.m. on Monday, June 15, 1998, to discuss legislative updates on the actions that affect land use planning
law in the State of California and the City of Orange. The meeting adjourned
at
7:
45
p.m.AYES:NOES:ABSENT:
Commissioners
Bosch, Carlton, Pruett, Romero
None
Commissioner