_03052018-325Planning Commission March 5, 2018
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Final Minutes
Planning Commission March 5, 2018
City of Orange Monday 7:00 p.m.
PRESENT: Commissioners Correa, Glasgow, Gladson and Willits
ABSENT: Simpson
STAFF
PRESENT: Anna Pehoushek, Assistant Community Development Director
Gary Sheatz, Senior Assistant City Attorney
Robert Garcia, Senior Planner
Marissa Moshier, Historic Preservation Planner
Simonne Fannin, Recording Secretary
REGULAR SESSION
1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:00 p.m.
1.2 FLAG SALUTE: Chair Glasgow led the flag salute.
1.3 ROLL CALL: Commissioner Simpson absent
1.4 PUBLIC PARTICIPATION: None
1.5 CONTINUED OR WITHDRAWN ITEMS: None
1.6 PLANNING MANAGER REPORTS:
Anna Pehoushek, Assistant Community Development Director announced that the Council
Chamber will be renovated; therefore future Planning Commission meetings will be held in the
Weimer Room until further notice.
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF
FEBRUARY 21, 2018.
Motion was made to approve the minutes as written:
MOTION: Commissioner Gladson
SECOND: Commissioner Willits
AYES: Commissioners Correa, Gladson, Glasgow and Willits
NOES: None
ABSENT: Simpson
ABSTAIN: None
MOTION CARRIED.
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3. NEW HEARING:
3.1 CONDITIONAL USE PERMIT 3055-17- TILTED KILT
The applicant is requesting to modify certain existing conditions of approval associated with
Conditional Use Permit (CUP) No. 2929-14 related to an Alcoholic Beverage Control (ABC)
Type 47 License (On-Sale General for a Bona Fide Eating Place).
LOCATION: 1625 WEST KATELLA AVENUE
NOTE: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State Guideline Section
15301 (Class 1 – Existing Facilities) because the proposal only involves the
modification of certain existing conditions of approval for the licensing of on-
site sales and consumption of alcoholic beverages. There is no environmental
public review required for a categorical exemption.
RECOMMENDED ACTION:
Staff recommends that the Planning Commission review the proposal and take the
appropriate action. The Planning Commission can take one of the following actions:
Direct staff to return with a resolution to approve one or more of the requested
modifications to the existing conditions of approval with required findings and
conditions.
Direct staff to return with a resolution to deny the requested modifications to
the existing conditions of approval with required findings.
Robert Garcia, Senior Planner provided an explanation of the item consistent with the staff report. He
explained the applicant is requesting modifications to Conditions 23, 26, 29 and 41, and noted that the
Police Department is opposed to all of the requested modifications.
Mr. Garcia also expressed Planning opposition to the modification of Condition 26 staff does support,
as it has been the practice of the City to deny entrance fees for business with type 47 Licenses.
The Commission and staff briefly discussed the following items:
Placement and times that the portable bars would be utilized; the height of the glass walls and
security of the portable bars while being used and where they would be stored when not in use.
The City's history and view on cover charges.
The genre and allowing up to three musicians with non-amplified music, along with a strict
adherence to the cut off time.
The Police Department's concerns about the request
Boxing and UFC fights do not constitute a special event.
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Michael Ayaz, the representative attorney of the applicant, OC Restaurant Group approached the
podium.
He explained the walls of the portable bars were measured from the outside because the Police
Department wanted to make sure that people were not passing drinks over the wall . The bars
are strategically located in order to avoid butting up the exterior walls. The portable would
will only serve beer, no mixed drinks, be staffed at all times and would be used for excess flow
on major events and holidays such as St. Patrick's Day. When not in use, bars would be securely
stored and locked and will not have product inside of them.
There would be a maximum of 24 events per year, but most likely it would be 14; the pay-per-
view events are one per month with an occasional month when there may be two events.
The major reason for the request to allow a cover charge is to help offset charges for the sports
driven events they show on their TVs that cost them $6-$12,000 per show. These pay-per-view
events are a critical component of their sports themed business. Patrons of the Tilted Kilt have
an expectation that the fights or pay-per-view events will be there. He reminded the
Commissioners that minors would not be asked to pay a cover.
The cover charge provides safeguards; it regulates the incoming people, and helps keep out the
riffraff and people who go to their establishment and sit there all night without purchasing
anything because they don't want to pay for the fight at home.
There have been no major crimes in this area and the Tilted Kilt has been a responsible operator
with no violations or overt calls for service. There is no nexus between fight night and criminal
activity.
After speaking with the Police Department about the cover charge, they developed suggested
language to make the condition very specific; the requested language states they would only
be allowed to charge a cover once or twice a month if the restaurant has to pay to view the
event on their TVs.
There are other establishments in the City that are illegally charging covers and they have done
extensive research on other establishments in the City that have a cover charge.
If Lucky Strike is allowed to have a cover charge because they provide a two week notice to
the Police Department, then Tilted Kilt should be given the same opportunity and
consideration. They would entertain the same noticing process in order to collect a cover.
The State has no limitation for any type 47 License that prohibits a cover charge.
The Stadium Promenade Center is an entertainment destination and The Tilted Kilt would like
to provide 1 to 3 musicians for ambient sound on the weekends; there would be no dancing.
They would operate under the noise ordinance and know they can be cited for violations. The
City can always pull the CUP if they are in violation. They would make sure the time
restrictions are strictly adhere to.
They have a good relationship with other uses in the Center who are all supportive of the
request.
He asked the Commission to consider giving them a one-year trial period.
The Commissioners voiced some of their concerns and opinions:
Sound from patio music could possibly disrupt other local businesses and the planned
apartment complex that will be built in the future.
Providing pay-per-view events is a business decision and the Restaurant should be able to
absorb the cost.
Pay-per-view attract a different kind of crowd.
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Perhaps the City could allow no more than one event per month with a six-month review.
The Resolution and conditions of approval should be fine-tuned in order for the proposed
changes to be acceptable.
A not to exceed amount needs to be determined for the cover charge.
Commissioner Willits stated he conducted a site review and was pleasantly surprised to find a higher
caliber clientele, and neat and clean facility. He does not have any problems with the requested changes
to the conditions and thinks it's time to look at updating City expectations. He agrees with the six-
month timeframe and supports the request.
Commissioner Glasgow is supportive of one to three non-amplified musicians on Friday Saturday and
Sunday; Thursday night should be cut out unless it is a holiday.
He understands the business would like to recoup some of its outlay; however he doesn't think the
cover would reduce the number of clientele who just go to watch the fight without a purchase.
He is supportive of the two week notice to the Police Department for larger events in order to allow
the Police Department to step up enforcement if needed.
Commissioner Gladson stated she would like to see the revised language of the conditions and she
directed staff to bring back a final resolution and conditions for the Commission's approval.
Gary Sheatz, Senior Assistant City Attorney, explained that Lucky Strike obtained approval of special
events with two week advance notice to the Police Department in order to provide the Department
time to prepare for the additional enforcement that may be needed.
He stated that, Condition 5 of the Tilted Kilt proposed Resolution places a one-year review on the
Conditional Use Permit; however, the Commission has the latitude to impose a six-month review if
they choose to do so.
Rick Blake, attorney and partner of Mr.Ayaz spent 10 years with the Department of Alcoholic
Beverage Control. He stated that it is evident that when fights are televised at the restaurant, people
come in, sit and nurse a beverage throughout the entire fight and take up space that a paying customer
would use. The cover is not a money making proposition; it is designed to help offset the costs.
Tilted Kilt is a public eating establishment with a Type 47 License which allows for the purchase of
alcohol with or without food.
Lieut. Dennis Gomez, Orange Police Department, stated the Police Department is not opposed to the
having a solo, non-amplified performer on the patio consistent with the other establishments in the
Stadium Promenade Center.
He stated that the Police Department is not opposed to the location of the portable bars, but would like
to know how they will be secured.
The Police Department stands strong in opposing the cover charge because it has proven to not be a
good practice in the City and is not consistent with what they have implemented with other businesses
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in the City. He added he has not seen a request for a special event permit from Lucky Strike in the
last two and half years and Buffalo Wild Wings does not promote the cover charge.
If the Tilted Kilt would like to have events with the two week notice, he needed to review that request
and return with a final decision at a later date.
A motion was made to direct staff to return with a resolution to approve all of the changes
relating to the Conditions of Approval requesting modifications with the required
findings, particularly Condition number 26 regarding increasing security personnel;
modifying condition number 5 to one event per month, and requiring with a six-month
review period for the CUP.
MOTION: Commissioner Gladson
SECOND: Commissioner Willits
AYES: Commissioners Correa, Gladson, Glasgow and Willits
NOES: None
ABSENT: Simpson
ABSTAIN: None
MOTION CARRIED.
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3.2 CONDITIONAL USE PERMIT 3055-17-URTH CAFFE
The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 License (On-Sale
Beer and Wine – Eating Place) to serve beer and wine at a new restaurant (Urth Caffe) in the
Plaza.
LOCATION: 100 W. CHAPMAN AVENUE
NOTE: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA
Guidelines 15301 (Class 1 – Existing Facilities) because the project
consists of licensing the sale of alcoholic beverages at an existing
restaurant and results in negligible or no expansion of use beyond that
existing at the time of the City’s determination.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. PC 06-18
approving Conditional Use Permit No. 3055-17 for the sale
of beer and wine under a type 41 (on-sale beer and wine –
eating place) alcoholic beverage control license within a
new restaurant at 100 w. Chapman Avenue.
Marissa Moshier, Historic Preservation Planner, provided an explanation of the item consistent
with the staff report. She stated the Police Department is in opposition due to the higher than
average crime rate, an over concentration of ABC licenses in the area and its close proximity
to several establishments with a type 48 license.
Steve Rawlings, representative for the Urth Café, stated they concur with staff's findings and
draft conditions of approval. He stated they find more and more people are using other methods
of transportation rather than driving to the location and looking for a parking spot, thus
reducing the need for as much parking. He added there will be no alcohol on the outside patio.
Commissioner Gladson asked the restaurant to limit alcohol-related window signage visible
through the windows.
Officer Murphy, Orange Police Department, stated the Police Department do not support the
request due to the over concentration in licenses and crime statistics with alcohol related arrests
and concerns that the limited parking will cause patrons that have been drinking to overflow
into the residential neighborhoods and possibly create disturbances.
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A motion was made to Adopt Planning Commission Resolution No. PC 06-18 approving
Conditional Use Permit No. 3055-17 for the sale of beer and wine under a Type 41 (on-sale beer
and wine – eating place) alcoholic beverage control license within a new restaurant at 100 W.
Chapman Avenue.
MOTION: Commissioner Correa
SECOND: Commissioner Gladson
AYES: Commissioners Correa, Gladson, Glasgow and Willits
NOES: None
ABSENT: Simpson
ABSTAIN: None
MOTION CARRIED.
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4. ADJOURNMENT:
A motion was made to adjourn at 9:30 p.m. The next regular meeting is scheduled on
Wednesday, March 19, 2018, at 7:00 p.m.
MOTION: Commissioner Glasgow
SECOND: Commissioner Correa
AYES: Commissioners Correa, Gladson, Glasgow and Willits
NOES: None
ABSENT: Simpson
MOTION CARRIED.
Meeting adjourned at 9:30 p.m.