_05152017-253Planning Commission May 15, 2017
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Final Minutes
Planning Commission May 15, 2017
City of Orange Monday 7:00 p.m.
PRESENT: Commissioners Correa, Gladson, Glasgow, and Willits
ABSENT: Commissioner Simpson
STAFF
PRESENT:
Anna C. Pehoushek, Assistant Community Development Director
Gary Sheatz, Senior Assistant City Attorney
Jennifer Le, Principal Planner
Robert Garcia, Senior Planner
Monique Schwartz, Assistant Planner
Carly Mallon, 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 Gladson led the flag salute.
1.3 ROLL CALL: Commissioner Simpson was absent, all other Commissioners were present.
1.4 PUBLIC PARTICIPATION: None
1.5 CONTINUED OR WITHDRAWN ITEMS: None
1.6 PLANNING MANAGER REPORTS: None
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF
MAY 1, 2017.
Motion was made to approve the minutes as written:
MOTION: Commissioner Correa
SECOND: Commissioner Gladson
AYES: Commissioners Correa, Gladson, Glasgow, and Willits
NOES: None
ABSENT: Commissioner Simpson
ABSTAIN: None
MOTION CARRIED.
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3. COMMISSION BUSINESS:
3.1 GENERAL PLAN ANNUAL PROGRESS REPORT TO THE STATE OF
CALIFORNIA
California Government Code Section 65400 requires that cities submit an annual report
on the status of their General Plan and progress in its implementation to the Governor’s
Office of Planning and Research and Department of Housing and Community
Development each year.
RECOMMENDED ACTION:
Receive and file 2016 General Plan Annual Progress Report for final acceptance by the
City Council.
Discussion: Jennifer Le, Principal Planner, presented a project overview consistent with
the staff report.
No motion was required.
3.2 GENERAL PLAN CONFORMANCE FINDING FOR FY 2017-2018 THROUGH
FY 2021-2022 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM.
The Capital Improvement Program (CIP) serves as a single comprehensive plan of
proposed capital improvement projects for the budget year FY 2017-2018 and the four
years thereafter. In accordance with State law, the City must determine that the CIP is
consistent with the General Plan.
RECOMMENDED ACTION:
Find that the projects identified within the proposed five-year Capital Improvement
Program are consistent with the City’s General Plan.
Discussion: Jennifer Le, Principal Planner, presented a project overview consistent with
the staff report.
The Commission asked staff when the next General Plan would be up for review and
noted that they appreciated the content of the conformity as it makes it easier for the City
Council to track necessary City project compliances.
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Motion was made to find the projects identified within the proposed five-year
Capital Improvement Program consistent with the City’s General Plan:
MOTION: Commissioner Gladson
SECOND: Commissioner Correa
AYES: Commissioners Correa, Gladson, Glasgow, and Willits
NOES: None
ABSENT: Commissioner Simpson
ABSTAIN: None
MOTION CARRIED.
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4. CONTINUED HEARING:
4.1 CONDITIONAL USE PERMIT NO. 3009-16 – AMC THEATERS
The applicant is requesting an Alcoholic Beverage Control (ABC) Type 47 (On-Sale General -
Eating Place) License to have on-site consumption of alcohol for the movie guests at the theater
at The Outlets at Orange.
LOCATION: 20 CITY BOULEVARD WEST
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 an existing private structure. There is no public
review required.
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:
Approve with required findings.
Deny with required finding
Discussion: Robert Garcia, Senior Planner, presented a project overview consistent with the
staff report.
The Commission had no questions for staff.
Detective Takeda answered questions from the Commission on behalf of the City of Orange
Police Department. He noted that the door alarms requested by the Police Department were
consistent with requirements placed on other Orange businesses that sell alcohol. The
Commission requested clarification from Detective Takeda as to how the Police Department’s
security alarm request on the theater doors was related to the proposed CUP.
The applicant, Frank Lewis, spoke on behalf of the project. Mr. Lewis stated that as a
representative of AMC theaters, he has tried to find common ground with the Police Department.
AMC agrees with the Police Department’s request to not allow stacking of drinks, allow only one
drink to be had at the bar, and only three d rinks per patron to be consumed in the theater. He
noted that food and beverage revenue is important to the economic viability of a theater. The
requested alcohol sales related to the CUP would appeal to adult patrons and the conditions of
approval and operational plan would address potential disturbances. Mr. Lewis also made sure to
note that the building is never unoccupied so the security alarm system, as proposed by the Police
Department, is costly and unnecessary in this case.
Public Hearing was opened.
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There were no public speakers.
Public Hearing was closed.
The Commission commented that while the Police Department did have valid concerns, there
would be 24 hour security on the property and a low possibility of the department needing to
respond to calls. The Commission understood the need for consistency with other businesses
selling alcohol but believed the proposed security measures met that need. The cost of the drinks
would also be a deterrent to the purchase of multiple drinks by patrons.
Motion was made to approve Conditional Use Permit No. 3009-16 – AMC Theaters for An
Alcoholic Beverage Control) Type 47 (On-Sale General - Eating Place) License to have on-
site consumption of alcohol for the movie guests at the theater at The Outlets at Orange
directing staff to prepare a Resolution with findings explaining that the location is a well-
known entertainment destination and the theaters have a record of safe operations, and
with conditions as modified:
1. Exclude Item Number 37, specifying all doors must be alarmed.
2. Include all items mentioned in the letter sent by the applicant’s legal counsel, Manatt,
Phelps and Phillips to the Commission dated May 10, 2017.
MOTION: Commissioner Gladson
SECOND: Commissioner Correa
AYES: Commissioners Correa, Gladson, Glasgow, and Willits
NOES: None
ABSENT: Commissioner Simpson
MOTION CARRIED.
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5. NEW HEARING:
5.1 CONDITIONAL USE PERMIT NO. 3037-17 – TRUFFLE BISTRO
The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer and
Wine - Eating Place) License for a new 1,680 square foot dine-in restaurant located within the
Tustin/Mayfair Center.
LOCATION: 774 N. TUSTIN 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 the
operation and licensing of an existing private structure. There is no public
review required.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution 12-17 Approving Conditional Use
Permit No. 3037-17 For An Alcoholic Beverage Control Type 41 (On Sale
Beer And Wine – Eating Place) License at a new 1,680 square foot restaurant
located at 774 N. Tustin Street.
Discussion: Monique Schwartz, Assistant Planner, presented a project overview consistent with
the staff report.
The Commission had no questions for staff.
The applicant who spoke on behalf of the project was Henry Atari. Mr. Atari informed the
Commission that he has held at least three or four Type 41 licenses during his many years as a
restaurant owner and has never had any issues in relation. He currently has other restaurants in
Huntington Beach that closely reflect the style of the proposed restaurant. Mr. Atari stated that
his proposed restaurant represents a tapas style of dining, such as in Greece and Spain, so serving
beer and wine would be a valuable asset to the restaurant.
Public Hearing was opened.
There were no public speakers.
Public Hearing was closed.
The Commission commented that they all were able to support an approval. They believed that
the license was proposed with good conditions and that it added value to the shopping center
which has undergone recent improvements.
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Motion was made to Adopt Planning Commission Resolution 12-17 approving Conditional
Use Permit No. 3037-17 for an Alcoholic Beverage Control Type 41 (On Sale Beer and Wine
– Eating Place) License at a new 1,680 square foot restaurant located at 774 N. Tustin
Street.
MOTION: Commissioner Willits
SECOND: Commissioner Gladson
AYES: Commissioners Correa, Gladson, Glasgow, and Willits
NOES: None
ABSENT: Commissioner Simpson
MOTION CARRIED.
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6. ADJOURNMENT:
The meeting was adjourned to the next regularly scheduled meeting on Monday, June 5, 2017.
MOTION: Commissioner Gladson
SECOND: Commissioner Correa
AYES: Commissioners Correa, Gladson, Glasgow, and Willits
NOES: None
ABSENT: Commissioner Simpson
MOTION CARRIED.
Meeting adjourned at 8:20 p.m.