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_04162018-334Planning Commission April 16, 2018 1 Final Minutes Planning Commission April 16, 2018 City of Orange Monday 7:00 p.m. PRESENT: Commissioners, Glasgow, Gladson, Willits and Simpson ABSENT: Commissioner Correa STAFF PRESENT: Gary Sheatz, Senior Assistant City Attorney Anna Pehoushek, Assistant Community Development Director Monique Schwartz, Associate 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: Commissioner Willits led the flag salute. 1.3 ROLL CALL: Commissioner Correa absent 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: Anna Pehoushek, Assistant Community Development Director asked the Commission to consider hearing agenda Item 3.2 before Item 3.1 in order to accommodate a scheduling issue for the applicant. 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF APRIL 2, 2018. Motion was made to approve the minutes as written: MOTION: Commissioner Simpson SECOND: Commissioner Gladson AYES: Commissioners Gladson, Glasgow, Simpson NOES: None ABSENT: Correa ABSTAIN: Willits MOTION CARRIED. Planning Commission April 16, 2018 2 3. NEW HEARING: 3.2 CONDITIONAL USE PERMIT NO. 3057-17 – OC WINE MART & DELI The applicant is requesting approval to allow the sale of beer, wine, and distilled spirits under Types 21 (Off-Sale General) and 41 (On-Sale Beer and Wine – Eating Place) Department of Alcoholic Beverage Control Licenses at a new combination specialty market and restaurant/deli establishment, service and consumption of beer and wine within an outdoor dining area, and indoor ambient live entertainment, located at 1691 E. Lincoln Avenue. LOCATION: 1691 E. Lincoln 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 the operation and licensing of new business within an existing private structure in a commercial center that involves a negligible or no expansion of the use beyond what currently exists. There is no environmental public review required for a categorical exemption. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 09-18, a Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3057-17 to allow the sale of beer, wine, and distilled spirits under a type 21 (off-sale general) and a type 41 (on-sale beer and wine - eating place) department of alcoholic beverage control license at a new combination specialty market and restaurant/deli establishment, service and consumption of beer and wine within an outdoor dining area, indoor ambient live entertainment, and making a finding of public convenience or necessity, located at 1691 E. Lincoln Avenue. Monique Schwartz, Associate Planner provided an explanation of the project consistent with the staff report. She stated a memo was added to the Planning Commission Hot File noting Police Department modifications to the originally proposed Conditions, with further modifications to delete condition #33 and the first line of condition #34 as presented in the revised Resolution provided in the Hot File. Commissioner Gladson asked whether or not there is access from Eisenhower Park to the Brickyard Center. Ms. Schwartz stated there is no access. Commissioner Gladson asked that whether or not the liquor store that previously accepted the tenant space had a conditional use permit. Ms. Schwartz stated the original business was established at a time when the code allowed it by right and a conditional use permit was not required. Commissioner Willits asked about the status of parking for the use. Ms. Schwartz stated parking is subject to the square footage limitation and in order to incorporate the restaurant use, they limited the square footage of the restaurant and outdoor sitting area. Planning Commission April 16, 2018 3 Michael Ayaz, attorney representing the OC Wine Mart and Deli provided a history of the applicant's background with this self serve concept. Chair Glasgow requested information about how the automated beverage taps function. In response to Chair Glasgow's question, Mr. Ayaz provided an explanation as well as information about sommelier training. He explained the patrons will be provided with a card that will be scanned in order to monitor consumption and instances of intoxication. Julie Lin, the applicant stated that the business will also provide craft beers. This will be a tasting facility with retail sales of wine and beer; there will be no TVs and it will not be a sports bar type environment. Further, serving limits can be placed on the cards in order to avoid overconsumption. Chair Glasgow opened the public hearing. Judy Schroeder, 1041 N. Elizabeth Place business owner in the Brick Yard Center, expressed her support of the project. She also asked staff to analyze the egress and ingress of the Center in order to obtain safer circulation. Chair Glasgow closed the public hearing and brought it back to the Commission for comments. Commissioner Gladson, Simpson and Willits all expressed their support for the project because it is appropriately conditioned, the Police Department is in agreement, and they can provide findings to support the public convenience and necessity. Ms. Pehoushek, Assistant stated staff will share the comments made about the Public Works and Traffic Division the ingress and egress of the center. A motion was made to adopt Planning Commission Resolution No. PC 09-18, a Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3057-17 to allow the sale of beer, wine, and distilled spirits under a type 21 (off -sale general) and a type 41 (on-sale beer and wine - eating place) department of alcoholic beverage control license at a new combination specialty market and restaurant/deli establishment, service and consumption of beer and wine within an outdoor dining area, indoor ambient live entertainment, and making a finding of public convenience or necessity, located at 1691 E. Lincoln Avenue with deletion of Condition #33 and the first line of Condition #34 contained in revised Resolution as described by staff. MOTION: Commissioner Simpson SECOND: Commissioner Willits AYES: Commissioners Gladson, Glasgow, Willits and Simpson NOES: None ABSENT: Correa ABSTAIN: None MOTION CARRIED. Planning Commission April 16, 2018 4 3.1 CONDITIONAL USE PERMIT NO. 3048-17 – CIRCLE S FOOD STORE The applicant is requesting to upgrade an existing Type 20 (Off-Sale Beer and Wine – Package Store) Alcoholic Beverage Control License to a Type 21 (Off-Sale General – Package Store) Alcoholic Beverage Control License, which would allow the sale of beer, wine, and distilled spirits for off-premise consumption within an existing convenience store located at 2310 W. Chapman Avenue. LOCATION: 2310 W. Chapman Avenue NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15270(a), because CEQA does not apply to projects which a public agency rejects or disapproves. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 03-18, a Resolution of the Planning Commission of the City of Orange denying Conditional Use Permit No. 3048-17 for the sale of beer, wine, and distilled spirits under a type 21 (off-sale general – package store) alcoholic beverage control license within an existing 2,913 square foot convenience store, located at 2310 W. Chapman Avenue. Monique Schwartz, Associate Planner provided an explanation of the project consistent with the staff report, and noted the Police Department had met with the applicant’s representative since the distribution of the packet and had changed its position from opposition to support of the proposal. The Police Department's change in position was, outlined in a memo provided in the Planning Commission Hot File. Planning staff is deferring approval or denial of the project to the Planning Commission and the need to make a finding for public convenience or necessity. Chair Glasgow asked whether the Police Department had any issue with the sale of singles and whether staff had received any contact from the community in response to the Public Hearing Notice. In response to Chair Glasgow's question Monique Schwartz responded there have been no letters of opposition from the community. Additionally the Police Department did not request conditions regarding the sale of singles as this is a current business practice that has not presented any issues for the Police Department. Commissioner Gladson disclosed that she spoke with the applicant on the phone. She also asked about the Police Department’s position on the sale of small size alcohol containers. Commissioners Glasgow, Simpson and Willits also disclosed they each met individually with the applicant. Planning Commission April 16, 2018 5 Chair Glasgow invited the representative from the Police Department to approach and asked if they were opposed to selling singles. Detective Ted Tekata with the Special Investigations Unit responded that the business has been there for a very long time and historically shown that they were able to manage their business, especially when they had to deal with transients. The Police Department did not want to penalize the business by allowing the sale of distilled spirits and then taking away the existing sale of single beverages. Chair Glasgow opened the public hearing. Michael Ayaz, attorney representing Circle S explained the applicant is receptive to all the conditions of approval and has proven himself to be responsible business operator over the years. In response to Commissioner Gladson's question, he stated the applicant would not be open to prohibiting single can sales. Avinder Chawla, applicant approached and stated he will adhere to all the conditions of approval. Fabiola Petrino, 261 N. Bitterbush St. resident of adjacent neighborhood stated she has been a customer of this establishment for many years and spoke in support of the conditional use permit. Chair Glasgow closed the public hearing and brought it back to the Commission for comments. Commissioner Simpson, Willits and Gladson stated they were all in support of the conditional use permit because the Police Department provided compelling evidence. This has been a successful business which the City is lucky to have, and the Police Department did not have an issue with the sale of single containers. Commissioner Gladson stated her preference for if the applicant to voluntary eliminate the single can sales. Chair Glasgow stated his support, along with mixed feelings about the signal the approval may send to other nearby establishments that may want to ask for the same privileges. A motion was made to approve Resolution No. PC 14-18, a Resolution of the Planning Commission of the City of Orange, approving Conditional Use Permit No. 3048-17 to allow the sale of beer, wine, and distilled spirits for off premise consumption under a type 21 (off-sale general – package store) Department of alcoholic beverage control license within an existing 2,913 square foot convenience store, and making a finding that public convenience and necessity located at 2310 W. Chapman Avenue. MOTION: Commissioner Willits SECOND: Commissioner Gladson AYES: Commissioners Gladson, Glasgow, Willits and Simpson NOES: None ABSENT: Correa ABSTAIN: None MOTION CARRIED. Planning Commission April 16, 2018 6 4. ADJOURNMENT: A motion was made to adjourn at 8:25 p.m. The next regular meeting is scheduled on Monday, May 7, 2018, at 7:00 p.m. MOTION: Commissioner Simpson SECOND: Commissioner Willits AYES: Commissioners Willits, Gladson, Glasgow and Simpson NOES: None ABSENT: Correa MOTION CARRIED. Meeting adjourned at 8:08 p.m.