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_12182017-299Planning Commission December 18, 2017 1 Final Minutes Planning Commission December 18, 2017 City of Orange Monday 7:00 p.m. PRESENT: Commissioners, Correa, Glasgow, Simpson and Willits ABSENT: Gladson STAFF PRESENT: Anna Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Robert Garcia, Senior Planner Simonne Fannin, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:01 p.m. 1.2 FLAG SALUTE: Commissioner Willits led the flag salute. 1.3 ROLL CALL: Commissioner Gladson was absent. All other Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: There are no items scheduled for the January 3, 2018 meeting; therefore meeting is canceled. The next meeting will be held on January 15, 2018 2. CONSENT CALENDAR: None 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF December 4, 2017. Motion was made to approve the minutes as written: MOTION: Commissioner Willits SECOND: Commissioner Correa AYES: Commissioners Correa, Simpson and Willits NOES: None ABSENT: Commissioner Gladson ABSTAIN: Chair Glasgow MOTION CARRIED. Planning Commission December 18, 2017 2 3. NEW HEARING: 3.1 CONDITIONAL USE PERMIT 3003-16 CADNICKS 76 SERVICE STATION The applicant is requesting a new Alcoholic Beverage Control (ABC) Type 20 (Off- Sale Beer & Wine) License to allow the sale of alcoholic beverages (beer and wine) for off premise consumption at a new approved convenience store. LOCATION: 684 S. Glassell 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 establishment involving negligible or no expansion of use beyond that existing at the time of the City’s determination. Public review is not 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:  Direct staff to return with a resolution to approve the conditional use permit with required findings and conditions.  Direct staff to return with a resolution to deny the conditional use permit with required findings. Robert Garcia, Senior Planner provided an overview consistent with the staff report. He advised that the Police Department had reviewed the request and also determined that they are unable to support the conditional use permit for the reasons stated in the staff report. Mr. Garcia also indicated that staff had not received any correspondence from the surrounding residents or businesses, and that staff was unable to make a finding for public convenience or necessity. Joseph Karaki, representative for the applicant, explained the station has been there for almost 40 years. He understood the concerns of the Police Department; however the alcohol license is not the main focus of the business as the sale of alcohol is an accessory use representing approximately 4% of sales. The alcohol will be locked in coolers; singles will not be sold, and state-of-the-art security would be installed. He believed that a determination of public convenience and necessity could be made because the sale of alcohol would allow patrons to make one-stop instead of purchasing gas than having to go to another establishment to buy the alcohol. Detective Hank Echandi from the Orange Police Department explained that the Police Department biggest concern is the high volume of family and sporting events that occur at Hart Park in relation to the overconcentration of licenses and high crime level in this area. Drinking in the park should be discouraged, particularly in light of the concentrated transient population at Hart Park. Also, the proximity to the freeway encourages "beer runs" and robberies. Planning Commission December 18, 2017 3 Commissioners Correa, Willits and Glasgow all expressed their concerns with the establishment being in such close proximity to the park considering the high crime rate and vagrancy in the area. The Commissioners were also uncomfortable with the overconcentration of licenses and compelling evidence in the police report. They could not make findings for public convenience or necessity. Commissioner Simpson stated his support of the application because the businesses have a right to sell what they are granted, especially with stringent conditions imposed on them. Furthermore, other establishments with similar characteristics have received approved for similar requests. Motion was made that the Planning Commission direct staff to return with a Resolution to deny the Conditional Use Permit with required findings. MOTION: Commissioner Correa SECOND: Chair Glasgow AYES: Commissioners, Correa, Willits and Glasgow NOES: Commissioner Simpson ABSENT: Commissioner Gladson ABSTAIN: None MOTION CARRIED. Planning Commission December 18, 2017 4 4. ADJOURNMENT: The meeting was adjourned to the Monday, January 15, 2018. MOTION: Chair Glasgow SECOND: Commissioner Correa AYES: Commissioners Correa, Glasgow, Simpson and Willits NOES: None ABSENT: Gladson MOTION CARRIED. Meeting adjourned at 7:38 p.m.