2015 - November 16Planning Commission
November 16, 2015
Minutes
Planning Commission November 16, 2015
City of Orange Monday 7:00 p.m.
PRESENT: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits
ABSENT: None
STAFF
PRESENT: Leslie Roseberry, Planning Manager
Gary Sheatz, Senior Assistant City Attorney
Robert Garcia, Senior Planner
Kelly Ribuffo, Associate Planner
Sharon Penttila, Recording Secretary
REGULAR SESSION
1.1 CALL TO ORDER: Chair Gladson called the meeting to order at 7:01 p.m.
1.2 FLAG SALUTE: Commissioner Glasgow 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1.5 CONTINUED OR WITHDRAWN ITEMS: None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
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED
MEETING OF NOVEMBER 2, 2015.
Motion was made to approve the minutes as written.
MOTION:
Commissioner Simpson
SECOND:
Commissioner Willits
AYES:
Commissioners Correa, Gladson, Glasgow, Simpson, and Willits
NOES:
None
ABSENT:
None
MOTION CARRIED.
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Planning Commission
November 16, 2015
2.2 ADOPT PLANNING COMMISSION RESOLUTION 37 -15 DENYING APPEAL
541 -15 FOR DAVID'S SOBER LIVING RESIDENTIAL FACILITY.
A motion was made to adopt PC Resolution 37 -15 denying Appeal No. 0541 -15
requesting denial of Sober Living Permit No. 13 -15 for David's Sober Living located at
7633 E. Saddlehill Trail.
MOTION:
Commissioner Glasgow
SECOND:
Commissioner Correa
AYES:
Commissioners Correa, Gladson, Glasgow, Simpson, and Willits
NOES:
None
ABSENT:
None
MOTION CARRIED.
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Planning Commission
November 16, 2015
3. NEW HEARING:
3.1 CONDITIONAL USE PERMIT NO. 2979-15 — WAL -MART
The applicant proposes to add an Alcoholic Beverage Control Type 86 (Instructional
Tasting) to an existing Type 21 License (Off -Sale General) for an existing 142,000 SF
retail and garden center at an existing shopping center.
LOCATION: 2300 N. TUSTIN
NOTE: The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15301 (Class 1 — Existing Facilities) because the
project consists of the operation and licensing of an existing retail
store.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution 36 -15 recommending
approval of a request for an Alcoholic Beverage Control Type 86
License (Instructional Tasting).
Discussion: Robert Garcia, Senior Planner, presented a project overview consistent with
the staff report. He indicated that both staff and the Orange Police Department had no
objection to the issuance of a Conditional Use Permit for a Type 86 Instructional Tasting
License.
Commissioner Correa asked staff how the customers would be monitored to ensure they
did not exceed the limit. Mr. Garcia stated that would be up to the authorized
representative for the alcoholic beverage.
Commissioner Simpson wanted to be sure there was consistency with Conditions 9 and
10 for all types of alcohol licenses. Mr. Garcia explained that Conditions 9 and 10 were
typical for all applications for ABC licenses.
Commissioner Glasgow asked if it was Walmart's idea to limit the number of beer
samples to 1 ounce. Mr. Garcia said yes.
Commissioner Gladson asked if there had been any issues with other businesses that
have a Type 86 license in the area. Mr. Garcia stated Attachment No. 7 of his staff
report listed all the Type 86 licenses in the County and to his knowledge there have been
no issues or concerns with any of those licenses.
Lisa Kolieb spoke on behalf of Walmart and made the following comments: they had
worked extensively with the Police Department and the Planning staff and obtained their
support; the Police Department requested the hours be restricted to 10:00 a.m. — 7:00
p.m.; explained how the Type 86 license is highly regulated by the ABC; it was not a bar
Planning Commission
November 16, 2015
license; it would not allow general on -site consumption of alcohol; only allows for
temporary instructional tastings within a retail business that already has a Type 21
license; the restrictions include a small, cordon off area with people over the age of 21
allowed in that area and everyone would be carded by an outside Y party; a customer
would have to finish the sample before leaving the area; only 1 type of alcohol would be
allowed at an event; there would have to be an instructional component to the tasting;
they cannot charge for the events; Walmart anticipates having 2 -3 a month; after the
event, the vendor must remove any unused alcohol from the premises; Walmart currently
has 100 of these licenses so far in California; and there are 59 active licenses and 14
pending licenses in various stores within Orange County.
Commissioner Correa asked how the customers would be monitored so they did not
exceed the per day limit. Ms. Kolieb said there would generally be 1 or 2 staff members
at the event and they would rely on facial recognition to monitor the amount of samples
a customer would consume in a day.
Public Hearing was opened.
There were no speakers.
Public Hearing was closed.
Motion was made to adopt Planning Commission Resolution No. 36 -15 approving
Conditional Use Permit No. 2979 -15, a request for an Alcoholic Beverage Control
Type 86 License (Instructional Tasting) located at 2300 N. Tustin Street.
MOTION:
Commissioner Simpson
SECOND:
Commissioner Glasgow
AYES:
Commissioners Correa, Gladson, Glasgow, Simpson, and Willits
NOES:
None
ABSENT:
None
MOTION CARRIED.
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Planning Commission
November 16, 2015
4. ADJOURNMENT:
The meeting was adjourned to the regularly scheduled meeting on Monday, December 7,
2015.
MOTION: Commissioner Glasgow
SECOND: Commissioner Willits
AYES:
Commissioners Correa, Gladson, Glasgow, Simpson, and Willits
NOES:
None
ABSENT:
None
MOTION CARRIED.
Meeting adjourned at 7:23 p.m.