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2015 - April 6Planning Commission April 6, 2015 Minutes Planning Commission City of Orange April 6, 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 Marissa Moshier, Associate Planner- Historic Preservation Sharon Penttila, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Buttress called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: Commissioner Steiner led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS None 2.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 16, 2015. Motion was made to approve the minutes as written: MOTION: Commissioner Steiner SECOND: Commissioner Gladson AYES: Commissioners Buttress, Correa, Gladson and Steiner NOES: None ABSENT: None MOTION CARRIED. 1 Planning Commission April 6, 2015 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2967 -14 AND OUTDOOR DINING PERMIT 06 -15 — THE PATIO RESTAURANT The applicant is requesting an ABC Type 41 License to serve beer and wine at a new restaurant in the Plaza Historic District. The applicant is also requesting an outdoor dining permit for 34 seats abutting the restaurant storefront and enclosed with a semi- permanent barrier to allow service of beer and wine in the outdoor dining area. LOCATION: 80 PLAZA SQUARE NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15270 (Projects which are Disapproved), because staff recommends the project be denied. RECOMMENDED ACTION: Adopt Planning Commission Resolution 11 -15 denying an Alcoholic Beverage Control Type 41 License and an Outdoor Dining Permit for 34 seats in the Plaza Historic District. Discussion: Marissa Moshier, Associate Planner- Historic Preservation, presented a project overview consistent with the staff report. She explained that the Orange Police Department did not support the applicant's request for an ABC license because they believe the use would create an undue burden on public safety resources and would negatively impact the surrounding community. Planning staff was also recommending denial on the proposed outdoor dining area because it would substantially change the intended and original pedestrian paths around the Plaza and it would not comply with the Outdoor Dining Ordinance or the intent of the Plaza preservation project. The Commissioners had questions on the public right of way in the Plaza area, the outdoor permit fee, and the ancillary office area. Detective Hank Echandi, Orange Police Department, stated the department had met with Dan Martinez, applicant/co- owner, on several occasions. Even though Mr. Martinez had addressed all the department's issues including the wrist bands and the glass sizes, the Police still opposed the project based on over concentration of on -sale licenses and high - crime in the area resulting in increased calls for service. The Commissioners had questions for Detective Echandi regarding the tap wall, the over concentration in the Plaza area, increase crime in the area and type of crime, track record of any similar business established by the applicants, restricting alcohol service on the patio after 9:00 p.m., and Mr. Martinez's cooperation on the issues. Planning Commission April 6, 2015 Public Hearing was opened. Mr. Martinez had three main points to discuss with the Commission which included a patio overview, the outdoor dining permit, and the Type 41 beer and wine license. He introduced other members of his team in attendance at the meeting: Zac Henson, Randy McMahon, David Wick, Andrew Lindley, and Don Tahara. Mr. Martinez provided handouts to the Commissioners in conjunction with his PowerPoint presentation. He explained the benefits of the self -serve system and what the standard operating procedures, guest responsibility and technology enhancements were in detail. He also discussed the alcohol management plan, the proposed mitigation measures as it relates to the outdoor consumption of beer and wine, and the issue of over concentration and public necessity. Mr. Martinez clarified that the office space would not have any beer or wine and it would only store dry goods and the employee restroom. The Commissioners had additional questions for Mr. Martinez which included the definition of LEED certification, having one person in the patio at all times, final mitigation measures with the Police Department, control of the back portion of the building at night, interaction with tenants above the restaurant, how food is purchased in the restaurant, rationale for reducing the outside seating from 48 to 34, footprint inside the building, outside barriers, and hours of operation beginning at 6:00 a.m. Jeff Frankel, address on file, spoke on behalf of the Old Towne Preservation Association who opposed the application. He expressed disappointment in not having the ability to view the applicant's PowerPoint presentation during the meeting. He stated OTPA was opposed to blocking the historic public pathways around the Plaza. He explained that the OMC states that all sidewalks and public access be maintained at all times and currently, during the evening, many of the sidewalks are not accessible. Cathleen Rose, address on file, stated she is not a resident of Orange but she has similar issues in Claremont with businesses that have Type 41 and 47 licenses and residents who live above and in close proximity to these businesses. She wanted to raise the issue of music and the timing of when and how loud the music is played that is connected with drinking. Shan Steinmark, address on file, was impressed with 3 things the applicant had addressed which included management responsibility, technology with built -in precision and control for alcohol, and the self - regulation aspect of tracking alcohol consumption. He asked why this technology wouldn't be required of all restaurants that serve alcohol. Randy McMahon, address on file, stated what was important to him was the proper management of alcohol and the proactive steps that would be taken including proper training, daily audit reports and a designated driver program. Mr. Martinez addressed the concern about music. He said they would have multiple televisions showing various games but the volume would be low with closed captions. There would be background music which would not be blaring and there would be no 3 Planning Commission April 6, 2015 live entertainment. He indicated they wanted to be a long term partner with OTPA. Public Hearing was closed. Additional comments made by the Commission included: • Letter of the law would mandate the sidewalk be unobstructed but this corner would not block pedestrian flow and is the exception. • Appreciation for Jeff Frankel's comments. • Required findings to deny this application were not present. • Entryways would not be obstructed. • The use of this sidewalk would produce revenue for the community. • Mr. Martinez and his team have made an honest effort to try and make sure the residents above the restaurant would not be negatively impacted by music. Commissioner Gladson was opposed to using a public right of way for restaurant space but had no problem with alcohol being served inside the business. She was concerned with preserving the pedestrian corridor and felt the findings to grant a denial were appropriate. Gary Sheatz, Senior Assistant City Attorney, explained that even though the restaurants in the other three quadrants in the Plaza that just serve food and no alcohol it doesn't mean they can't in the future. If Felix's restaurant wanted to serve alcohol outside they would have to amend their application with ABC and comply with the ABC requirements. So it was misleading to say it was the only area you could have outdoor alcohol service. Mr. Sheatz explained if the Commission was not going to use the resolution before them tonight then a revised resolution could be prepared for the next Planning Commission meeting with the changes requested by the Commission. Chair Buttress asked staff to remove Condition #8 prohibiting the sale of beer and/or wine for off the premises consumption and Condition # 18 remain unchecked. Mr. Martinez indicated the Police Department requested Condition #29 be checked in which patrons are served alcohol only by a waitress /waiter and no self - seating. Chair Buttress announced a reminder that the Public Hearing has been closed and she did not anticipate opening a Public Hearing again when they return to vote on the revised resolution. Motion was made to direct staff to return with a resolution which would permit the patio outdoor area on the basis it does not impede travel on the public right of way or creates a safety or health hazard to passersby and the fact that the building entries are unobstructed and a variety of other issues in regard to the general welfare of the community. The Commission would have the opportunity to see that resolution, have further discussion on it and take a final vote. 4 Planning Commission April 6, 2015 MOTION: Commissioner Steiner SECOND: Commissioner Buttress AYES: Commissioners Buttress, Correa, and Steiner NOES: Commissioner Gladson ABSENT: None MOTION CARRIED. Planning Commission April 6, 2015 6. ADJOURNMENT: The meeting was adjourned to the regularly scheduled meeting on Monday, April 20, 2015. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Buttress, Correa, Gladson and Steiner NOES: None ABSENT: None MOTION CARRIED. Meeting adjourned at 8:45 p.m.