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_04032017-238Planning Commission April 3, 2017 1 Final Minutes Planning Commission April 3, 2017 City of Orange Monday 7:00 p.m. PRESENT:Commissioners Correa, Gladson, Glasgow, Simpson, and Willits ABSENT:None STAFF PRESENT:Anna C. Pehoushek, Asst. Community Development Director Gary Sheatz, Senior Assistant City Attorney Robert Garcia, Senior Planner Vidal Márquez, Assistant Planner Sergeant Aaron Towner, City of Orange Police Department Detective Ted Taketa, City of Orange Police Department Detective Chris Moten, City of Orange Police Department Deb Arnold, 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 Correa led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: None 1.7 ANNOUNCEMENT OF APPEAL PROCEDURES (details found on last page of Agenda) 2.CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF March 20, 2017. Motion was made to approve the minutes as written: MOTION:Commissioner Gladson SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None MOTION CARRIED. Planning Commission April 3, 2017 2 3.NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 3029-16 – 7-ELEVEN, INC. The applicant is requesting an Alcoholic Beverage Control Type 20 License (Off-Sale Beer and Wine) for the sale of beer and wine for off-site consumption within a proposed convenience store. LOCATION:125 N. TUSTIN STREET, SUITES F & G 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 retail sale of alcoholic beverages at a proposed convenience store. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 08-17 approving Conditional Use Permit No. 3029-16 authorizing the sale of alcoholic beverages (Type 20 License – Off-Sale Beer and Wine) for off-site consumption and to make a finding of Public Convenience and Necessity within a proposed convenience store. Discussion:Vidal Marquez, Assistant Planner, presented a project overview with the staff report. Applicant Shary Olsen, noted that 7-11 takes security very seriously, and described the manner in which alcohol sales are monitored. She also explained the Company’s practice of working closely with the Police Department and are in agreement with the list of conditions of approval. Ms. Olsen provided an overview of the products offered for sale, indicating that 7-11’s main focus is on conveniently selling family items and fresh food items. The store sales are limited to 5% of alcohol, and this is not full alcohol sales, only beer and wine. Public Hearing was opened Binit Gala, 100 N. Tustin Street, ARCO Station, indicated that his family has owned the gas station for over 20 years. He expressed concerns about the number of 7-11’s in the neighborhood, and his belief that a concentration of these stores close to the freeway might have a negative effect on crime. No one spoke in opposition Public Hearing was closed. Planning Commission April 3, 2017 3 The Commission acknowledged that 7-11 as a company has a history of working with the Police Department and the City. The Police Department stated there is low crime in this area. That, combined with the proportion of food and household item sales over alcohol gives them a level of confidence in supporting the Conditional Use Permit. Motion was made to Adopt Planning Commission Resolution No. 08-17 approving Conditional Use Permit No. 3029-16 authorizing the sale of alcoholic beverages (Type 20 License – Off-Sale Beer and Wine) for off-site consumption and to make a finding of Public Convenience and Necessity within a proposed convenience store, located at 125 N. Tustin Street, Suites F & G. MOTION:Commissioner Simpson SECOND:Commissioner Gladson AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED. Planning Commission April 3, 2017 4 3.2 CONDITIONAL USE PERMIT NO. 3031-16 – SALTY DAWG The applicant is requesting to upgrade an Alcohol and Beverage Control (ABC) Type 42 (On-sale Beer & Wine-Public Premises) License to an Alcoholic Beverage Control (ABC) Type 48 License (On-Sale General – Public Premises) to serve distilled spirits at an existing tavern. LOCATION:1214 N. PARKER STREET 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 tavern. 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 with required findings and conditions. Direct staff to return with a resolution to deny with required findings Discussion:Robert Garcia, Senior Planner, presented a project overview with the staff report. Applicant Kimberly Conroy presented to the Commission that she is an established and experienced owner of The Swinging Door in Tustin for 19 years and The Salty Dawg in Orange. Her customers at The Salty Dawg have requested that she expand her offerings to include spirits, in addition to Beer and Wine. She explained that 32% of her sales are associated with food service. She is requesting a Type 48 license which would prohibit children in the establishment. Ms. Conroy indicated that staff have been long time employees and she provides monthly staff training for alcohol management. There is a manager on duty at all times and they usually close by 11:00 p.m. during the week and 8:00 p.m. on weekends. She also noted that many of the conditions of approval requested by the Police Department are already in practice and the additional conditions of approval requested are welcomed. Detective Chris Moten spoke on behalf of the Police Department, stating that there have been DUI’s in the area, but none in 2017 resulting from The Salty Dawg. He also noted that there have been no calls to the location for service. This is an existing establishment and the Police Planning Commission April 3, 2017 5 Department feels that as long as all of the conditions are met, including a review in one year, the permit would be acceptable. Public Hearing was opened. Jen Yeager and Vince Jaffers spoke in support. Both speakers described the applicant’s regular training and responsible business practices No one spoke in opposition Public Hearing was closed. The Commission discussed that although the site is in a high crime area, because the Police Department is willing to work with Ms. Conroy, and the establishment is not new to the City, has a positive track record, and does not intend to change its hours to be a late night bar so they were supportive of the Conditional Use Permit Motion was made to direct staff to return with a resolution to approve with required findings and conditions as the applicant is requesting to upgrade an Alcohol and Beverage Control (ABC) Type 42 (On-sale Beer & Wine-Public Premises) License to an Alcoholic Beverage Control (ABC) Type 48 License (On-Sale General – Public Premises) to serve distilled spirits at an existing tavern. MOTION:Commissioner Gladson SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED. Planning Commission April 3, 2017 6 4.ADJOURNMENT: Adjourn to the next regularly scheduled Planning Commission meeting on Monday, April 17, 2017. MOTION:Commissioner Gladson SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED. Meeting adjourned at 8:05.m.