Loading...
HomeMy WebLinkAbout11-02-1998 PC MinutesMINUTES Planning Commission City of Orange November 2, 1998 Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Carlton, Pruett, Romero, Smith ABSENT: None 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 MEETING OF OCTOBER 19, 1998. MOTION Moved by Commissioner Smith, seconded by Commissioner Romero, to approve the Minutes of October 19, 1998 as written. AYES: NOES: ABSTAINED: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED IN RE:NEW HEARINGS 2. ORDINANCE AMENDMENT 4-98 - CITY OF ORANGE A proposal to amend the City Zoning Ordinance related to allowing bed and breakfast establishments as a permitted and/or accessory use in the City's commercial zoning classifications: C-1 (Limited Business) and C-2 (General Business) Districts. NOTE:Negative Declaration 1583-98 was prepared to evaluate the environmental impacts of this project. The full reading of the staff report was waived and the public hearing was opened. Public Comments: Kathv Revnolds. 274 North Glassell, spoke in favor the proposed ordinance amendment for bed and breakfast inns. Commissioner Smith had not heard of the "HABS" listed on Page 4 of the staff report, and she asked for an explanation. Jim Donovan, Senior Planner, explained the surveys are prepared in the event a building is going to be demolished, but in this particular case, it can be a specific focused inventory on why the building is considered significant in the eyes of someone who is hired through the private sector to prepare a report for a client. 1 Planning Commission Minutes November 2, 1998 Commissioner Smith referred to Page 3, the bottom statement - "Only historic structures will qualify for use as a Bed and Breakfast Inn. Historic significance shall be identified by prior listing in the City's historic building survey, individual list on the National Register of Historic Places, as a contributing structure within the Old Towne Historic District, or by Historic American Building Survey ("HABS'? prepared and submitted for review by the Planning Commission." She wouldn't want the ordinance to limit the renovation of a house that didn't qualify because it has been remodeled or was a non-contributing structure. There are several houses in Orange that would make lovely bed and breakfast inns. She used the example of the Rosalia Holland Dance Studio, a non-contributing structure. She asked if a "HABS" could be prepared and submitted for those non-contributing structures if they were renovated and returned to original condition. Chairman Bosch believed that the "HABS" approach is one that could make restoration of a non- contributing structure possible. Commissioner Smith suggested adding the "HABS" definition to the text of the ordinance. Mr. Jones responded staff could incorporate a definition to make the text clearer. "HABS" is a historic preservation tool that is used in a variety of ways, but principally to document historic properties. Staff uses the 1992 survey to determine whether or not it is an existing contributing structure. Commissioner Carlton wondered if there were any other older structures that would still be in the R-1 zone that might be suitable for a bed and breakfast. She would hate to see older homes precluded just because they're not in the specified zone. Mr. Jones said the single family residential zones were intentionally left out of the original bed and breakfast concepts because of the concern of introducing commercial uses in a single family neighborhood. The R-2, R-3 and R-4 zones cover most of Old Towne. The homes on South Batavia have a R-2 or R-3 zoning designation. Chairman Bosch thought this would be a great asset to the community, and supports the proposed amendment. MOTION Moved by Commissioner Bosch, seconded by Commissioner Smith, to recommend to the City Council to approve Negative Declaration 1583-98 in that the proposed project will not have a significant adverse impact on the environment or wildlife resources. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED MOTION Moved by Commissioner Bosch, seconded by Commissioner Smith, to recommend to the City Council to approve Ordinance Amendment 4-98, amending Orange Municipal Code, Table 17.18.030, Section 17.14.060, Subsection C, and Section 17.18.070, Subsection H as indicated in the staff report, with the addition that staff insert a brief, one sentence definition of "HABS" for ease of reading and interpretation of the intent of the ordinance. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 3. CONDITIONAL USE PERMIT 2256-98 - OLD TOWNE INN A proposal to convert an existing commercial office (originally a residential building) to a Bed & Breakfast Inn with three (3) guest rooms. The site is located at 274 North Glassell Street. 2 Planning Commission Minutes November 2, 1998 NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. Mr. Jones stated if the Commission were to take action to approve this project, it is dependent upon the City Council ultimately approving Ordinance Amendment 4-98. The Commission's action will be contingent upon a future City Council action along with the first and second readings of the ordinance. There was no opposition to this item; therefore, the full reading of the staff report was waived. The public hearing was opened. Applicant. Tim Revnolds. 274 North Glassell. said he and his wife, Kathy, were planning to open a bed and breakfast inn in Old Towne. By opening their establishment, they hope to provide services to other businesses. And by allowing visitors to stay in Old Towne, more customers will patronize the local businesses and restaurants. They have read the conditions of approval and agree with all of them except condition 6, which is a request for the dedication of 10 feet of property to be used for street widening purposes. Due to their mortgage agreement, they are unable to fulfill this request. They have met with the Public Works Department to address the issue and they have agreed this condition could be waived. The public hearing was closed. Commissioner Smith was 100% in favor of the bed and breakfast inn. It will be a great addition to Orange, especially the location that will restore a beautiful old house. It makes sense to eliminate condition 6, if it meets with the approval of Public Works. Mr. Hohnbaum stated Public Works does not have any objection to deleting that condition. Commissioner Carlton questioned the kitchen upstairs, in the likely event it will be turned into a duplex at some future date. Chairman Bosch said under the ordinance the applicant is reqlJired to reside on the upper floor and manage the bed and breakfast establishment. It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Smith, and seconded by Commissioner Carlton, to approve Conditional Use Permit 2256-98 with the conditions listed in the staff report, but delete condition 6. The request to approve the bed and breakfast inn proposal 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 Glassell and Olive Street area. The conditional use permit has been considered in relationship to its effect on the City of Orange General Plan and in relationship to the Old Towne Historic District. This application is subject to conditions necessary to preserve the general welfare, not the individual welfare of the applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 4. CONDITIONAL USE PERMIT 2255-98 - PEPPINO'S ITALIAN RESTAURANT A proposal to expand Peppi no's restaurant with a billiard room/optional banquet space including 4 tables and 3 accessory golf game machines. The site is located at 665 North Tustin. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. 3 Planning Commission Minutes November 2, 1998 The full reading of the staff report was waived as there was no opposition to this item. Commissioner Carlton asked if a provision should be added to the conditions regarding the ceasing of selling alcoholic beverages one hour prior to closing to be consistent with the other conditional use permits. Mr. Jones stated the Commission has been consistent in terms of applying that condition to all ABC licenses and staff overlooked it because there is an existing restaurant. The public hearing was opened. Aoolicant. Joe Moscatiello. 21631 Mt. Berry Drive. Lake Forest, has been in the restaurant business for 15 years. They have been doing a lot of banquets and sporting events, and would like to expand their restaurant to accommodate parties of 100 people or more. The pool tables are also used for banquet tables. They want to put in as many (8 to 10) game machines as they can along the one wall, in addition to the pool tables. He agreed to stop selling alcoholic beverages one hour prior to closing. Regarding security, if there are more than 25 people in the bar, security is provided by one of their employees. Chairman Bosch informed the applicant that City ordinance limits th~ number of electronic games to three 3) without a specific conditional use permit. Commissioner Pruett asked about an Alcohol Management Plan for this restaurant. Mr. Godlewski said if there is a distinct and separate bar area set up, an Alcohol Management Plan would be appropriate. This is an existing restaurant with a bar area. The Alcohol Management Plan ordinance will require compliance by the year 2001 or 2002. Mr. Godlewski explained the Alcohol Management Plan to the applicant, which is submitted to the Police Department for review and approval. Commissioner Pruett thought it would be appropriate for the applicant to prepare an Alcohol Management Plan. Commissioner Romero had problems with the rear parking not being easily identified. He asked if there were plans to identify the rear parking area, and if additional lighting could be installed. Trash was also noted in the back and it needs to be picked up. Mr. Moscatiello has already asked the owner if signs could be installed to identify the rear parking area. He agreed that additional lighting is needed in the rear parking area, and he will ask the owner for additional lighting. The rear doors were discussed. They will be used as an entry to the building. The public hearing was closed. Commissioner Smith asked for clarification on the conditions of approval. Mr. Jones responded all previous conditions of approval apply" to this project. The first set of five conditions are the new ones that have been added to the previous conditional use permits. The Commission discussed the proposed conditions, and felt they needed to add to the conditions. The applicant stipulated to no more than eight (8) electronic game machines. The Police Department will make a site visit to make sure the lighting is adequate in the rear parking area. Ms. Binning clarified a couple of points. On Page 7 of the staff report, condition 7 refers to preventing occupancy or admission of anyone under the age of 21. It's not the City's position to impose the age limit of 21 when 18 is the legal age of majority in the State. She recommended the age be changed to 18. The billiard room is also going to be used as a banquet facility. One of the conditions requires that everyone under the age of 18 be removed from the premises by 10:00 p.m. She didn't want to set up a condition in 4 Planning Commission Minutes November 2, 1998 which the applicant might violate because there will be families attending these banquets. Condition 6 refers to requiring a visually identifiable employee and that is different than a private security guard. The condition that is in place is not referring to a private security guard. It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Pruett, and seconded by Commissioner Romero, to approve Conditional Use Permit 2255-98, with all of the previous conditions of approval under Conditional Use Permits 1980-92, 2041-93 and 2041-94, as well as the new conditions 1 through 5 for Conditional Use Permit 2255-98. Add condition 6 that the Alcohol Management Plan shall be prepared and submitted for approval by the Police Department within 60 days. Add condition 7 that sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11 :00 a.m. to one hour before closing, or 1 :00 a.m., whichever is earlier. Add condition 8, the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. Licensee shall at all times maintain records that reflect separately the gross sales of food and gross sales of alcoholic beverages of the licensed business. Said records shall be kept on a quarterly basis and shall be made available upon request. Add condition 9, the number of electronic game machines shall not exceed eight (8), and four 4) pool tables. Add condition 10, when the billiard room is used as a banquet hall, that the restriction of occupancy at age 18 would not apply. Regarding Conditional Use Permit 2041-93/94, modify condition 2 that the back door of the restaurant dining room may be used for customer and employee access. Modify condition 7 to change the age from 21 years to 18 years. And, noting the billiard room in the previous CUP's is now the added area that is the billiard room on the plans submitted for CUP 2255-98. The Commission finds that the request to grant billiards and shared parking arrangements are based upon sound principles of land use and in response to services required by the community. The billiards and shared parking will not cause deterioration of bordering residential and commercial land uses, or create special problems for the Tustin Street area in which the shopping center is located. The billiards and shared parking are considered in relationship to its effect on the City of Orange General Plan, which is the only adopted plan for the area in which the site is located. The billiards and shared parking uses are made subject to those conditions necessary to preserve the general welfare, not the individual welfare of the particular applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Chairman Bosch asked staff to report back to the Commission regarding the adequacy of the rear parking area lighting. 5. CONDITIONAL USE PERMIT 2246-98 - OGDEN ENTERTAINMENT, INC. (CAFE GAll LEO) A proposal to allow the on-site sale and service of beer and wine for on-site consumption within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. The full reading of the staff report was waived as there was no opposition. Chairman Bosch looked at proposed condition 9. It states the subject alcoholic beverage license shall not be exchanged for a public premise type license nor operate as a public premise. Meal service shall be available whenever the restaurant is open to the public. He is concerned about the potential misinterpretation of the restaurant vs. the whole establishment. He asked staff if the intent is for alcoholic beverages sales only occur when food sales and service are also available. 5 Planning Commission Minutes November 2, 1998 Chris Carnes, Associate Planner, said staff could further clarify condition 9 by changing the second sentence: Meal service shall be available whenever the premises are open to the public. The public hearing was opened. The applicant was not present; therefore, the public hearing was closed. Commissioner Smith felt strongly that the applicant needs to be present to address their project. No action should be taken at this meeting. Chairman Bosch had at least one question relating to patron access to public restrooms from the establishment. MOTION Moved by Commissioner Bosch, and seconded by Commissioner Smith, to continue Conditional Use Permit 2246-98 to the meeting of November 16, 1998, to allow staff to contact the applicant and attempt to secure representation for the public hearing. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Commissioner Carlton wanted to know what the code was regarding restrooms in restaurants. Staff will follow-up and report back to the Commission. 6. CONDITIONAL USE PERMIT 2247-98 - MULBERRY STREET PIZZERIA A proposal to allow the on-site sale and service of beer and wine for on-site consumption within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway. NOTE: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; therefore, the public hearing was opened. Applicant. Adam Bernhard. 12644 Mulholland Drive. Beverly Hills, said they are a neighborhood style pizzeria establishment. The partners are from New York and they wanted to bring the New York style pizzeria back to neighborhoods in America at The Block. They only plan to serve beer and wine with the purchase of the food. They've enclosed their outdoor patio area and the only access is through the restaurant. Chairman Bosch asked about accessibility to public restrooms. Mr. Bernhard responded they are not required to have an internal restroom because they are less than 300 feet from the public restrooms. Access to the public restrooms is adjacent to their restaurant location and they are easily accessible. The public hearing was closed. It was noted the project is categorically exempt from CEQA review. 6 Planning Commission Minutes November 2, 1998 MOTION Moved by Commissioner Romero, seconded by Commissioner Carlton, to approve Conditional Use Permit 2247-98, with conditions 1 through 13 listed in the staff report, modifying condition 9 in that the second sentence should read, "Meal service shall be available whenever the premises are open to the public." The Commission finds that the conditional use 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 in which it is 'ocated. The CUP was considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. It is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Commissioner Pruett stated for the record that the applicant indicated the plans submitted were incorrect as to the outside patio area, and final plans will show that the patio area is enclosed. Ingress and egress to the restaurant and patio area will be through the main doors. 7. CONDITIONAL USE PERMIT 2251-98 - OGDEN ENTERTAINMENT, INC. (RON JON RESTAURANT) A proposal to allow the on-site sale and service of alcoholic beverages for on-site consumption within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. There was no opposition; therefore, a staff report was not presented. The public hearing was opened. ADDlicant. Kevin Islev. 23411 Alisio Creek Road, said this is a new restaurant, new to the area. It entails both the Ron Jon Surf Shop at The Block and ties it in with the Ron Jon Surf Grill. He has read the conditions of approval and agrees to them. Chairman Bosch referred to condition 7 relating to no lounge or bar area for the sole purpose of selling and consuming alcoholic beverages without the serving of meals. Yet, he sees a bar area on the plans. He asked if the intent is to serve food at the bar area and not just alcoholic beverages. Mr. Isley responded yes. The public hearing was closed. It was noted this project is categorically exempt from CEQA review. 7 Planning Commission Minutes November 2, 1998 MOTION Moved by Commissioner Carlton, and seconded by Commissioner Smith, to approve Conditional Use Permit 2251-98, with conditions 1 through 13 listed in the staff report, with the revision of condition 9, by changing the word "restaurant" to "premises" in the second sentence. The Commission finds that the conditional use 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 in which it is located. It has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. The conditions are made subject to those necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 8. CONDITIONAL USE PERMIT 2252-98 -IRVINE PYROS FOOD, INC. (TWIN DRAGON) A proposal to allow the on-site sale and service of beer and wine for on-site consumption within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway. This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. The full reading of the staff report was waived, and the public hearing was opened. NOTE: Aoolicant. James Sun. 3867 Roval Woods Drive. Sherman Oaks, requested approval of their request. They have two main access into the restaurant, which also serves as an access to the patio. The public hearing was closed. It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Romero, seconded by Commissioner Carlton, to approve Conditional Use Permit 2252-98, with conditions 1 through 13 listed in the staff report, modifying condition 9, second sentence to read: "Meal service shall be available whenever the premises are open to the public." The Commission finds that the conditional use 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 in which it is located. It has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. The conditions are made subject to those necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 9. CONDITIONAL USE PERMIT 2257-98 - RODNEY K. COUCH (MARKET BROILER ORANGE) A proposal to allow the on-site sale and service of alcoholic beverages for on-site consumption within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. 8 Planning Commission Minutes November 2, 1998 There was no opposition to this item. The full reading of the staff report was waived and the public hearing was opened. ADDlicant. Del Sylvester. 10 Chickadee. Alisio Vieio, said they specialize in seafood. They use their alcoholic beverages to compliment their meals. It is not intended to be their focus. The take window does not allow serving or sales of alcoholic beverages. The public hearing was closed. It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Pruett, seconded by Commissioner Carlton, to approve Conditional Use Permit 2257-98, with conditions 1-13 listed in the staff report, modifying condition 9, second sentence to read: Meal service shall be available whenever the premises are open to the public." The Commission finds that the conditional use 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 in which it is located. It has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. The conditions are made subject to those necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE:ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Romero, to adjourn at 8:35 p.m. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Isld 9