2015 - March 16Planning Commission
March 16, 2015
Minutes
Planning Commission
City of Orange
March 16, 2015
Monday 7:00 p.m.
PRESENT: Commissioners Buttress, Correa, Gladson and Steiner
ABSENT: None
STAFF
PRESENT: Leslie Roseberry, Planning Manager
Gary Sheatz, Senior Assistant City Attorney
Anna Pehoushek, Acting Assistant Community Development Director
Chad Ortlieb, Senior Planner
Sharon Penttila, Recording Secretary
REGULAR SESSION
1.1 CALL TO ORDER: Chair Buttress called the meeting to order at 7:02 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1.5 CONTINUED OR WITHDRAWN ITEMS: None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
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED
MEETING OF MARCH 2, 2015
Motion was made to approve the minutes as written:
MOTION:
Commissioner Gladson
SECOND:
Commissioner Correa
AYES:
Commissioners Buttress, Correa, and Gladson
NOES:
None
ABSENT:
None
ABSTAIN:
Commissioner Steiner
MOTION CARRIED.
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Planning Commission
March 16, 2015
2.2 ADOPT PLANNING COMMISSION RESOLUTION 01 -15 MODIFYING
CONDITIONAL USE PERMIT NO. 2295 -99 AUTHORIZING LIVE
ENTERTAINMENT IN ASSOCIATION WITH AN EXISTING RESTAURANT
WITH ACCESSORY ALCOHOL SALES LOCATED AT 1535 WEST KATELLA
AVENUE
Motion was made to remove the item from the consent calendar for discussion:
MOTION:
Commissioner Gladson
SECOND:
Commissioner Correa
AYES:
Commissioners Buttress, Correa, Gladson and Steiner
NOES:
None
ABSENT:
None
MOTION CARRIED.
Discussion: Rick Blake, attorney for the applicant, discussed two of the conditions on
the resolution. He had understood Condition No. 13 was to have been removed as a
result of the prior meeting and asked for its removal. Also he discussed Condition No. 3,
which prohibits the sale of alcoholic beverages before 11:00 a.m. He felt there might be
occasions such as Sunday brunches and holidays that would call for serving alcohol
before 11:00 a.m.
Gary Sheatz, Senior Assistant City Attorney, said he had been contacted by Mr. Blake.
Mr. Sheatz explained that the Commission can regulate the hours of the establishment if
they chose to do so.
Commissioner Correa did not see any reason to serve alcohol before 11:00 a.m.
Motion was made to adopt Planning Commission Resolution 01 -15 modifying
Conditional Use Permit No. 2295 -99 and adding the removal of Condition No. 13
and retaining Condition No. 3:
MOTION:
Commissioner Steiner
SECOND:
Commissioner Correa
AYES:
Commissioners Buttress, Correa, and Steiner
NOES:
Commissioner Gladson
ABSENT:
None
MOTION CARRIED.
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Planning Commission
March 16, 2015
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 by April 1 st of each year.
RECOMMENDED ACTION:
Receive and file 2013 General Plan Annual Progress Report for final acceptance by the
City Council.
Discussion: Anna Pehoushek, Acting Assistant Community Development Director,
presented the staff report regarding the General Plan Annual Progress Report.
Motion was made to receive and file the 2013 General Plan Annual Progress Report
for final acceptance by the City Council:
MOTION:
Commissioner Steiner
SECOND:
Commissioner Gladson
AYES:
Commissioners Buttress, Correa, Gladson and Steiner
NOES:
None
ABSENT:
None
MOTION CARRIED.
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Planning Commission
March 16, 2015
4. CONTINUED HEARING:
4.1 CONDITIONAL USE PERMIT NO. 2960-14 — CENTURY THEATRES
This item was continued from the February 18, 2015 Planning Commission meeting by
request of the applicant. The applicant proposes to serve beer and wine at an existing
movie theatre under a State Alcohol and Beverage Control (ABC) Type 41 License.
LOCATION: 1701 W KATELLA 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 an existing
private structure.
RECOMMENDED ACTION:
A resolution for the Planning Commission action will be placed
on a future agenda based on direction provided to Staff.
Discussion: Chad Ortlieb, Senior Planner, presented a project overview consistent with
the staff report. He discussed the five reasons the Police Department was opposed to the
application and the staff issues outlined in the staff report.
Detective Chris Moten, from the Orange Police Department, stated he did some research
of theaters in Anaheim and south Orange County that do serve alcohol. They did not
report any problems and were more luxury style theaters.
Public Hearing was opened.
Steve Rawlings, applicant, indicated he had met with the Police Department earlier in
the afternoon and reviewed the Century Theatres' alcohol service policy. He stated that
ABC in the state of California started issuing alcohol licenses to movie theaters about 10
years ago and they monitor it closely. Mr. Rawlings explained how Century Theatres
has established conservative policies. They include:
1. The ID process. Alcohol is obtained at the concession stand which is a
controlled atmosphere so visible contact can be made with the customer; an
individual can be observed as to whether they are intoxicated; the wristband
program keeps track of number of drinks consumed and can be monitored in the
theater; the maximum number of drinks are 3; ID is shown every time; and each
person shows their own ID.
2. Verification of a valid movie ticket. Once the movie is over, customers leave
the building.
3. Extensive training of the employees. Training is provided by an outside third
party. Employees serving and monitoring the alcohol activity are marked by a
yellow lanyard. There are 3 employees monitoring the theaters.
Planning Commission
March 16, 2015
Mr. Rawlings explained their desire is to enhance the experience of the core customers.
This year they plan on upgrading the seating. He stated that statistics show only 10% of
the adults purchase beer and wine, and of that 10 %, only 10% purchase a second one.
Mr. Rawlings explained that the AMC theater that had been approved several years ago
had conditions which were not practical and it did not proceed with the sale of alcohol.
He felt Century Theatres has provided the types of safeguards the community is looking
for.
Matthew Dunne, applicant, explained their major point is to do this as safely as possible.
They are investing 2.8 million dollars for upgrading the seats. He stated the average
food purchase is $4.25 and ticket prices range from $10411. The addition of alcohol
will only add 24 to 26 cents per customer which is not a major portion and food has to
out gross the sale of alcohol. He stated food does not need to be purchased with the
alcohol. The serving size of wine would be 6 ounces and 12 ounces for a bottle of beer.
It is ABC mandated that the 3 alcohol monitors enter each theater every 30 minutes.
Commissioner Correa had concerns with the alcohol monitors seeing in the dark, the
large number of theaters /seats to visit, the presence of children and being family
oriented, the caliber of the clientele changing over time, effectively policing the theater
after the monitor leaves, 36 oz. of beer being a lot, and the lack of a restricted area.
Commissioner Steiner discussed another theater chain in Aliso Viejo which was
approved for alcohol sales by the Planning Commission and was appealed to their City
Council, which did not approve it.
Commissioner Gladson felt the alcohol service plan needs strengthening and some of the
conditions appear vague. She thought all guests should provide ID no matter how old
they looked and limit the drinks to 2 instead of 3. She had concerns with the presence of
minors and passing drinks between friends. She was told the cost of beer would be
$6.50 a bottle and a glass of wine would cost $8.50.
Commissioner Correa asked what would happen if a violation occurred and he was told
the alcohol would be removed, management would be notified and perhaps the police
would be contacted. He wanted to know since this is a type 41 license, could they
regulate the off -site sale of alcohol. Mr. Sheatz stated it could be conditioned to not
allow off -site sales.
Public Hearing was closed.
Commissioner Steiner asked Detective Moten if the further discussion that took place
with the applicants changed their recommendation of denial. Detective Moten stated the
Police Department still opposed the application due to the high crime rate, over
saturation and control of the alcohol.
Planning Commission
March 16, 2015
Commissioner Correa understood the Police Department's concerns and felt the
conditions were too broad. He could not support the application.
Commissioner Gladson did not have a problem with the use but the operational plan
needed tighter controls.
Commissioner Buttress did not feel people get up and buy more drinks during the movie.
She felt some of the things discussed should be tightened up such as limiting it to 2
drinks and asking everyone for ID.
Commissioner Correa would like it restricted to 1 or 2 theaters.
Commissioner Steiner could not get past the Police Department's objections. He was
concerned with the lighting in the theater and the conditions being so broad.
Commissioner Buttress explained that in the future if the theater becomes deteriorated,
the CUP could be pulled.
Motion was made to approve CUP 2960 -14 with additional conditions and
modifications of the Police Department recommended conditions related to the
proposed alcohol license:
1. Delineate on the operational plans where the alcohol concession stand will be
located.
2. A more in -depth description on how you restrict someone from buying a
drink for someone else.
MOTION:
Commissioner Gladson
SECOND:
Commissioner Buttress
AYES:
Commissioners Buttress and Gladson
NOES:
Commissioner Correa and Steiner
ABSENT:
None
MOTION FAILED.
The applicant was told about the appeal process if they chose to take it to City Council.
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Planning Commission
March 16, 2015
5. ADJOURNMENT:
The meeting was adjourned to the regularly scheduled meeting on Monday, April 6,
2015.
MOTION:
Commissioner Gladson
SECOND:
Commissioner Correa
AYES:
Commissioners Buttress, Correa, Gladson and Steiner
NOES:
None
ABSENT:
None
Meeting adjourned at 8:43 p.m.
MOTION CARRIED.
VA