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2012 - November 19Planning Commission Meeting Minutes November 19, 2012 Page 1 of 18 Planning Commission November 19, 2012 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Buttress, Gladson, Grangoff and Steiner ABSENT: Commissioner Cathcart STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Robert Garcia, Associate Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary REGULAR SESSION Chair Steiner called the meeting to order at 7:03 p.m. Roll Call Commissioner Cathcart was absent PUBLIC PARTICIPATION None PLANNING MANAGER REPORT: Planning Manager, Leslie Aranda Roseberry, stated there was nothing additional to report. Chair Steiner provided an overview of the City's appeal process. Planning Commission Meeting Consent Calendar: November 19, 2012 Page 2 of 18 (1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED MEETING OF NOVEMBER 5, 2012. Commissioner Buttress made a motion to approve the meeting minutes from the November 5, 2012 Planning Commission meeting. Commissioner Gladson provided a second to the motion with corrections to pages 12 and 14 of the minutes. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart MOTION CARRIED Planning Commission Meeting November 19, 2012 Page 3 of 18 New Hearings: (2) CONDITIONAL USE PERMIT NO. 2869-12 - LINX The applicant is requesting an Alcoholic Beverage Control Type 41 (On -Sale Beer and Wine for a Bona Fide Public Eating Place) license at the proposed LinX restaurant. The licensed premises would include the interior of the restaurant and the outdoor, at- grade, patio that it would share with the adjacent Wahoo's restaurant. The seating at Wahoo's, raised covered porch would not be a part of the LinX licensed premises. ` LOCATION: 238 W. Chapman NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA guidelines Section 15270 (Projects Which Are Disapproved) — CEQA does not apply to projects which a public agency rejects or disapproves. RECOMMENDED ACTION: Adopt Planning Commission Resolution 47 -12 denying a request for an ABC Type 41 license. Additional correspondence received from the project's applicant, Scott Brandon, was distributed to the Commissioners. Chair Steiner entered the correspondence into the record. Planning Manager, Leslie Aranda Roseberry, provided a project overview consistent with the Staff Report. Chair Steiner asked Ms. Aranda Roseberry to repeat the numbers of over concentration? Ms. Aranda Roseberry stated within 600' of the project site there were 18 establishments that crossed census districts and reporting district lines. She believed there were 3 census districts that crossed in the Old Towne Plaza area. Sometimes there was an establishment that was on the edge and both numbers were given; the numbers that were within the district and those within 600'. Chair Steiner opened the item for any questions for Staff and asked if any additional communication had been received? There was none. Chair Steiner invited the applicant to address the Commission. Michael Cho, address on file, stated he was an attorney and he represented the applicant. The correspondence that was submitted was from Scott Brandon. Mr. Brandon was the chef and owner of the restaurant and the information he provided was a brief overview of what he had accomplished in his career, information about the menu and inspirational photographs of the look and feel of the restaurant. He thanked the Commission for Planning Commission Meeting November 19, 2012 Page 4 of 18 hearing the item. Mr. Cho stated that he understood the recommendation was for denial; however, they had worked quite hard with Staff and the Police Department to formulate conditions that would allow for a decision in favor of an approval of the CUP. The Police Department had been very gracious in meeting with them a number of times and working with them on conditions. The location was a unique spot and he wanted to look further than just the area as being an area of high crime. With hours of operation, the size of the facility, the fact that the restaurant would not have a fixed bar and how it would be linked to the Wahoo's shared patio along with shared responsibility for alcohol use, the proposed project was not the type of establishment that would create any type of law enforcement problems. He hoped for the Commission's consideration based on the merits of the individual application before them and what the restaurant owner was attempting to do. Orange was becoming a very unique center of the culinary Orange County universe in recent years. He had been representing restaurants throughout California for over 20 years and he had seen areas come and go; as most Orange County centers were based along the coast, the City of Orange in the last 5 years had really come along. Mr. Brandon lived in the area, had friends in the area and he would be telling them more about that and how he would be incorporating the uniqueness of what was downtown Orange into, not only the facility, but in the energy of the restaurant and how he planned to source his resources for food production. It was a unique story that he felt the City would be proud to have as a new business in their City. He would remain available for questions and asked the Commissioners to consider the alternate set of conditions that had been provided by the Police Department. His client was in agreement with the conditions and would abide by those conditions. There were a few considerations to the conditions; they would want to open earlier to offer breakfast and no alcohol would be served at that time and it would allow the restaurant to offer breakfast on the weekend and open at 7:00 a.m. Commissioner Gladson stated on the joint shared patio with Wahoo's was there any concerns with that and would the licenses be completely separate? Mr. Cho stated ABC licensing allowed an ability to have shared uses of alcohol on a common patio or food court. It became a more restrictive type of use, more so than if they had their own exclusive patio. Under the ABC licensing on a common patio, everyone would be responsible for everyone else. Whether it was the L.A. Farmer's Market or Fashion Island, if he was a licensee and saw someone else, another tenant, doing something wrong, he would do something to make sure it was stopped and ensure proper alcohol service because if the other tenant was hit with a violation, he would also be hit with one per their shared agreement. There was shared responsibility and a shared liability. There had been discussion with Wahoo's and the founder of Wahoo's, Ed Lee, was present if there were further questions. They fully understood the ramifications of the shared use. Commissioner Gladson stated Staff had prepared a draft resolution for denial and there were required findings in the City's code that needed to be made and facts to support them. If they looked at some of those issues and re- crafted the resolution to go in a different direction, the Commission would need to overcome the facts presented that Planning Commission Meeting November 19, 2012 Page 5 of 18 supported a denial of the project before them. Mr. Cho stated there were also mitigating issues that could be imposed to allow an approval with the license for that area. They were asking for a Type 41 license and not for live entertainment, happy hour, dancing or all the things that the Police Department had problems with. It would be very difficult for the Planning Commission to make a finding for an appropriate additional license for the area, however, it was not just a license, it was how the license would be managed with conditions along with the ABC licensing conditions and he felt that the findings and facts could be made for approval. Scott Brandon, address on file, stated he was the chef and owner of LinX Restaurant. He was a resident of Santa Ana for 11 years and his background was a fine dining chef and he had 3 decades of experience in working kitchens across the country. He was fortunate to have received some high accolades for his work; he received a James Beard Foundation Outstanding Contribution to the Society award and he was very proud of that. In 2008 he received a Best New Restaurant award by the O.C. Weekly for a restaurant in Corona Del Mar. He was passionate about the food he created. He had a strong sense of local, sustainable, organic products. In the pamphlet he had photos of sausages and hot dogs and he was attempting to create something very unique with LinX. He would provide artisan made products in a familiar dish. LinX, in his vision, would be first and foremost a family restaurant. He wanted to bring his family, he had 3 girls and his wife, and he would want them to be able to enjoy, along with families and residents, to come to the restaurant and enjoy a sausage or a hot dog and to enjoy the beautiful patio. What would make LinX a unique restaurant was that all the food that he would source for the menu would come from within 3 to 4 miles of the restaurant's front door. The sausages would be from Jurupa Specialty Sausages using old world recipes and made to his specifications using the highest quality ingredients. The bread would come from O.C. Bakery, another good friend of his, would bake the bread for him 7 days a week and be brought to the door still warm. Much of the produce he planned on using would be coming from the Artisan's Farmers Market; he planned on shopping their every weekend and using what was local and seasonal. In addition to the sausages, he would serve Belgian style frites, which were a thick cut type of French fries seasoned with sea salt. The condiments and specialty sauces would be made in house, home made and fresh and he would also have a daily soup and market salad. The menu appealed to a wide variety of patrons. He was proud to be a neighbor of Orange and he loved the history of Old Towne Orange and he respected the integrity of the area and he always felt having a restaurant in Orange would be a fantastic thing for him. He was really excited about it and his restaurant concept would be something the City would be proud of There was a nice restaurant hub in Orange and he wanted to be part of that hub. Mr. Brandon stated he had looked at the space and had thought very hard about what would fit and the artisan sausage in a family style restaurant was nothing that existed in Orange and he felt it would fit in. He was available for any questions. Commissioner Buttress stated in the handout that was received there was a note about the craft beers being served in smaller tasting glasses and not a pitcher or schooner type glass and there would not be a fixed bar; she asked Mr. Brandon to elaborate on that Planning Commission Meeting information? November 19, 2012 Page 6 of 18 Mr. Brandon stated craft beer was a higher level of beers and ales and brewed in small batches by artisans who were passionate about their creations. The size of the glass was 10 ounces and he had not wanted to serve patrons large glasses or pitchers of beer. He chose each beer and ale to compliment the menu choices and meet the flavor profile of the food he was offering. He wanted the portions to be smaller. He was not looking for a happy hour atmosphere or anything like that, there was no fixed bar. Guests would be seated and the servers would bring the beverages to guest tables. There would be no service at the counter. There would also be a restaurant employee in the dining room and on the patio at all times ensuring that all alcohol service was being handled properly. His Staff would also go through the LEAD program to ensure that all employees were aware and knowledgeable about alcohol management and safe service. Commissioner Buttress asked if wine would be served in smaller glasses. Mr. Brandon stated yes, wine would be served in a 4 ounce Italian wine cup. Chair Steiner invited the City of Orange Police Department's representative, Sergeant Mike Monjaraz, to address the Commission. Chair Steiner stated that at the previous Planning Commission meeting there had been a 4 to 1 vote for denial of an ABC license for Ramona Market and the issue had been, as it was with the project before them, over concentration. The majority of the Commissioners had agreed and the CUP was denied; he asked for further information from Sgt. Monjaraz on why the proposal before them should be denied as he saw the proposal as a restaurant that would be primarily serving food and minimum alcohol service. Sgt. Monjaraz stated the Police Department opposed the applicant's effort to obtain an ABC license based on the two conditions of over concentration and the high crime concerns. The reporting district was 206% above the average with most of the crimes being property related crimes and alcohol related crimes and DUI's in that area. The over concentration concerns were that the area of the proposed project site allowed for 7 licenses and 10 existed. The Police Department had several meetings with Mr. Cho and Mr. Brandon and they had identified some conditions to assist in mitigating some of the Police Department concerns; however, the Police Department was still in opposition of their efforts. Commissioner Grangoff asked if Sgt. Monjaraz could speak to Wahoo's and what the crime statistics were for that restaurant and alcohol concerns. Sgt. Monjaraz stated that Wahoo's had been a great partner and they had not had any significant issues with Wahoo's. They had worked with Wahoo's on the application for LinX and had assisted in identifying some conditions for mitigation. Commissioner Grangoff stated the type of permit would be the same permit that Wahoo's carried and was that correct? Planning Commission Meeting November 19, 2012 Page 7of18 Sgt. Monjaraz stated that was correct. Commissioner Grangoff asked if Wahoo's made a change to their CUP, how would that affect the proposed restaurant. Sgt. Monjaraz stated they would need to submit an application and go through the process. Commissioner Grangoff asked if LinX would then need to submit an application or make a change as they shared a patio. Sgt. Monjaraz stated no, it was two separate businesses that would require separate applications. Commissioner Grangoff stated, in looking at the crime statistics, the averages were from every census tract in Orange, and they were not looked at separately for commercial areas or entertainment; Old Towne was compared to his own neighborhood a regular suburb? Sgt. Monjaraz stated that was correct. Commissioner Grangoff stated it had not made sense to compare Old Towne Orange to the neighborhood he lived in that had no commercial areas and when they looked at crime rates it would be more helpful to look at similar communities and he was not certain if that was a possibility on future submittals. It was misleading to review an area that had a high concentration of people and that area would have higher crime statistics vs. an area that was less concentrated. Commissioner Gladson stated could they also look at the fact that there was another application that would be heard later that referred to the subject site as a destination location; and would Old Towne be considered a destination with the application before them? She asked if that was a further consideration for the Police Department. Sgt. Monjaraz stated that was a possibility, however, the Police Department looked at crime prevention through environmental design and the proximity to residential neighborhoods. Chair Steiner brought the item back to the Commission for further discussion or action. Commissioner Grangoff stated he was prepared to make a motion and the motion he would enter would be to approve a Type 41 alcohol beverage request as requested by the applicant, and with that, to follow the conditions set by the Police Department and he believed that was in Attachment No. 5. He would also suggest that the hours of operation be changed to open at 7:00 a.m. on weekends, but not allow alcohol service until 10:00 a.m. Planning Commission Meeting November 19, 2012 Page 8 of 18 Commissioner Buttress stated she would second the motion; but what she believed they needed to do was to not accept the recommendation that was before them and to provide Staff with direction on how they wanted to proceed. Chair Steiner asked Staff how they should proceed. Ms. Aranda Roseberry stated Staff would need to draft a new resolution to be brought back to the Planning Commission; and she would ask the Assistant City Attorney, Gary Sheatz, to concur that the motion would be made; a resolution would then be drafted to be brought back for a signature by the Commission Chair? What would also be needed would be a few statements by the maker of the motion, reasons for an approval that would fold into the findings section of the resolution and that would be the path to the decision. The findings were included in the Staff Report and from the discussion that had taken place, to bring out some of those key points to validate an approval. Mr. Sheatz stated it was possible to put a condition in place that limited the hours of operation for the establishment, however, it was not possible to place hours on alcohol service as that was a component of the ABC licensing bureau; the City was not allowed to regulate the sale, service or consumption of alcohol. It could be a recommendation that the Police Department could pass along to ABC. Ms. Aranda Roseberry stated each approval or denial included the findings that the Planning Commission was required to make, basically, they were statements of fact that led them to their conclusion which was a recommendation or their decision. The first finding was that the project must be consistent with the goals and policies stated within the City's General Plan and was generally drafted for the Commission in the resolution. It was not necessary to go through each of the findings and come up with a statement, but to perhaps speak to why the recommendation for approval was presented and what the thoughts were behind that. Staff would gather that information and place that information into a resolution for the Commission and Chair Steiner's signature. Commissioner Grangoff stated his finding was that the proposed restaurant sought a license that was similar in operation to other businesses in the area and it was consistent with other votes of approval that he had made and had been made while being a member of the Commission. To approve such an ABC license, and to maintain consistency was a reason for approval. Mr. Sheatz stated Staff would take it from there and fill in the findings under each of the questions presented and then attach the condition. For LinX, it was suggested that one of the findings for denial was due to the detrimental effects to the community and one of the alternate conditions imposed and agreed on by the applicant would mitigate any detrimental effects. They would be able to piece it together. Commissioner Grangoff stated the conditions would provide for a safe atmosphere. Planning Commission Meeting Mr. Sheatz stated that was correct. November 19, 2012 Page 9of18 Commissioner Buttress stated she agreed with the statements made. Chair Steiner stated the 57 Conditions of Approval presented by the Police Department were significant and he asked the applicant if the only condition that he was requesting a modification to was Condition No. 12 for the hours of operation to open at 7:00 a.m. and were they in agreement with the remainder of the conditions. Mr. Brandon stated yes. Chair Steiner stated there was a motion to approve. Commissioner Gladson stated she would second the motion and add a few tidbits to help to draft a resolution. She would want to weave in there that Old Towne was certainly a regional draw and a community destination known for fine dining. It would be helpful to include that food and the service of food would be the primary function of the restaurant. There were goals in the General Plan that spoke to livening up of the Old Towne area, and that would be helpful. She could second the motion and there were protections for her that supported the motion and the CUP went with the land, and if there was another operator they would need to operate within the same parameters or propose a new application. When it came to a restaurant, the situation could be mitigated with the conditions as presented. Commissioner Buttress stated she had not wanted to confuse anyone, but she had already offered a second to the motion. Chair Steiner stated the CUP would be reviewed annually. Commissioner Grangoff made a motion to adopt PC Resolution No. 47 -12, approving CUP No. 2869- 12 -LinX for an ABC Type 41 License, subject to the conditions as set forth with changes discussed to be drafted in a new resolution, noting the item was categorically exempt from CEQA. SECOND: Commissioner Buttress AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart MOTION CARRIED Planning Commission Meeting November 19, 2012 Page 10 of 18 (3) CONDITIONAL USE PERMIT 2873 -12; MINOR SITE PLAN REVIEW 697 -12 AND DESIGN REVIEW COMMITTEE 4640 -12 — BYS RESTAURANT AND BREWHOUSE The applicant proposes a new restaurant of 8,376 SF and a new patio area of 1,718 SF at the former Firestone Tires building site at the Outlets at Orange. In addition, 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 guests of the eating establishment. LOCATION: 460 S. The City Drive (Outlets at Orange) NOTE: The new restaurant square footage is part of the former Block at Orange Expansion Project. At the time of the expansion approval, an Addendum to the EIR served as the environmental review of the modified Block at Orange Expansion project. The Block at Orange Expansion Project was reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., the State CEQA Guidelines, and the City of Orange Local Guidelines for Implementing CEQA (Local CEQA Guidelines). RECOMMENDED ACTION: Adopt Planning Commission Resolution 48 -12 allowing a new restaurant of 8,376 SF and new patio area of 1,718 SF with an ABC Type 47 license. Associate Planner, Robert Garcia, presented a project overview consistent with the Staff Report. Chair Steiner opened the item for any questions for Staff and asked if any additional communication had been received? There was no additional information received. Commissioner Buttress asked Mr. Garcia if he had stated the last two CUP's for that area were without a happy hour. Mr. Garcia stated the other locations had a prohibition on happy hour and a happy hour was not allowed. Commissioner Buttress asked if those locations were at the Outlet mall. Mr. Garcia stated yes. Planning Commission Meeting November 19, 2012 Page 11 of 18 Chair Steiner invited the applicant to address the Commission. Joan Leguay, address on file, stated she was pleased to be before the Planning Commission and BJ's had been working for many years with City Staff to bring a BJ's location to the City of Orange. BJ's Restaurants was based in Huntington Beach and Orange was a City they wanted to be in. With regard to the Conditions of Approval, there were 87 of them; and they were fine with all of them; she had wanted clarification on two of them and she also wanted to speak to the happy hour condition. Condition No. 26 spoke to stacking of beverages; she believed the intent of that condition was for someone ordering a number of drinks, one person ordering 3 or 4 drinks with no others at their table. At the BJ's restaurant there was an offer of micro brews and those were offered in a taster, 6 small drinks came in a small plate and it provided an opportunity for guests to taste a micro brew before choosing a beverage. She wanted to ensure that the taster would not be an issue at the restaurant and was looking for clarification. The next condition was on No. 37; which spoke to special events requiring a written request. BJ's offered beer dinners; they were special dinners where they offered their own micro brews with a menu item and they wanted to be able to offer beer dinners without the necessity of having to submit a written request. Commissioner Buttress asked if it was also done with wine Ms. Leguay stated no, but they might offer that at some point. Primarily they would be specifically asking for the beer dinners. Commissioner Gladson asked how frequently were the beer dinners held? Ms. Leguay stated some of the restaurants never had them and they just wanted the option. Currently the beer dinners were offered at the Brea location and it had been done at their large restaurant in Huntington Beach. The most important thing that she was seeking is to not have a restriction that would require a written request. Ms. Leguay stated on Condition No. 25, with their other restaurants there might be a promotional offering that they would want to apply to all locations in Orange County. What she was hoping for was to add language to the condition that would state that there could not be a happy hour, unless all the other BJ's Restaurants in Orange County with full liquor licenses had the same specials, and that would solve their marketing dilemma. For some background; she had spoken with the Orange Police Department and there had been several conversations with a couple of different Police Department representatives and they understood that the Police Department felt that BJ's was a very respectable operator, that they had checked with other Police Departments and their issue was not with BJ's, as their restaurants had a very low alcohol mix which was at 18% and compared to T.G.I. Fridays which was in the 40% range. A family restaurant could not be compared to a Buffalo Wild Wings or some of the other chains. She thought that the Police Department's greater concern was that the CUP ran with the land. If another operator came in, and although that was unlikely as they had a 20 year lease, the new Planning Commission Meeting November 19, 2012 Page 12 of 18 operator would inherit the CUP and the new location would operate under the terms of BFs CUP. She had wanted to add language to tie the CUP to BFs Restaurant and that someone else would not meet the criteria as another operator would not have 8 other restaurants in Orange County. As the Planning Commission was aware, there were other restaurants within the Outlet shopping center that had happy hour. It was a tough operating environment and they would not over serve and they had a low alcohol mix to food; and having stated that BFs wanted to be competitive and they needed every guest they could get. If a guest wanted to have a drink before dinner they would not want that guest to choose Tu Tu Tangos or Alcatraz because they could get a drink at a discounted price. BFs was excited to come to Orange. One of the conditions was that the CUP would be reviewed every year and they were very comfortable with that requirement, if Condition No. 25 needed to be modified to have a review of that requirement every month she was perfectly fine with that. If there were issues, their CUP could be revoked. Chair Steiner stated there were 87 conditions and he wondered if they could operate the business under those conditions. Ms. Leguay stated they had been through all the conditions and worked with Staff to work through the conditions and yes there were a lot of them; when they got down to the issue that was the one that they wanted to have modified and to ensure to the Police Department that the condition could be clear that a future operator would not be able to meet the criteria. BFs Restaurants were family restaurants and they had no concerns about the operating requirements and the restrictions on the service of alcohol. Commissioner Grangoff asked if any of the other BFs had a restriction on happy hours. Ms. Leguay stated not in Orange County. Commissioner Grangoff stated to clarify, there would be some special days when a happy hour would be offered and as long as they were done in all the other restaurants the new location would have a happy hour as well. He asked if it was a permanent thing, or were there 5 happy hours a month or 5 a year? Ms. Leguay stated what she was attempting to do was to protect the site from a future operator that could come in and have a happy hour that was not wanted. Commissioner Grangoff asked if all the other BFs had a happy hour every day. Ms. Leguay stated yes, they had happy hour everyday. Whatever was offered at the other Orange County restaurants, they would want to offer at the new location in Orange. The condition could be either written with the "no drink specials" or "alcohol served at a reduced rate" or "happy hour on the premises" and add the language unless all of BFs Orange County restaurants would be offering the same special. Commissioner Grangoff stated but those other locations offered those specials everyday. Planning Commission Meeting November 19, 2012 Page 13 of 18 Ms. Leguay stated she was not certain if a happy hour was offered everyday, but there were offers of happy hour. Commissioner Gladson asked if BJ's had done a late happy hour in their plan? Ms. Leguay stated it was an early happy hour and they offered a full menu up to closing time. Commissioner Gladson stated at Buffalo Wild Wings or Fridays, one of those locations offered an 11:00 or 12:00 p.m. time frame when drinks were reduced in price; which would be more problematic. Chair Steiner asked if Staff had a number of the establishments in the area that offered a happy hour? Mr. Garcia stated the other locations around the area had not had a condition that prohibited their businesses from having a happy hour; those were approvals that happened for the most part in 1998 and that type of condition had not been attached to a CUP at that time. Commissioner Grangoff asked for the percent of alcohol to food sold? Ms. Leguay stated 18 %. Chair Steiner brought the item back to the Commission for further discussion or motion. Commissioner Grangoff asked the Police Department's representative, Sergeant Mike Monjaraz, on Buffalo Wild Wings when the item had been before them there had been an approval on the restriction of happy hour and was that something that was just recently occurring and could he explain why the Police Department was adding that condition? Sgt. Monjaraz stated he had not known if that was a standard in other cities, but in the City of Orange it had become a consistency to oppose a happy hour. The concern was that those types of promotions drew a larger crowd and encouraged individuals to purchase drinks at discounted prices and generally the alcohol was sold and consumed in a short time frame; contributing to alcohol related crimes. Commissioner Grangoff asked if it was an across the board for all types of establishments? Had the Police Department looked to identifying those businesses with a lower alcohol percentage sold or was it done across the board? Sgt. Monjaraz stated it was done across the board. Commissioner Grangoff asked if the Police Department found fewer problems at establishments with a lower percentage of alcohol sold. Planning Commission Meeting November 19, 2012 Page 14 of 18 Sgt. Monjaraz stated he was not aware of any statistics for that. As a matter of principal when alcohol was sold at a discounted price during a shorter window of time there were more alcohol related issues, or the propensity for alcohol related crimes. Commissioner Buttress stated on Condition No. 26 the applicant had concerns with the wording and if that would affect micro brews that included 6 tasting glasses brought to a guest and would that be prohibited under that condition? Sgt. Monjaraz stated he would say no; their concern was with stacking; and what was being offered was a small sampling of alcohol. Planning Manager, Leslie Aranda Roseberry, stated they may want to ask the applicant what the total ounces would be for the flight and she guessed all total the tasting ounces would total 1 drink. Commissioner Buttress stated on the beer dinners was that something that needed to be addressed under a condition? Sgt. Monjaraz stated he believed it should be included and it would identify that situation. Ms. Aranda Roseberry stated the larger thought of that condition was that it would provide protections with events such as a radio station promotion at the site or a really huge special event and that was where the condition had started. The beer dinners, as described, would not be quite the same but could be identified in the conditions to provide the applicant with a level of comfort. Commissioner Buttress asked if the applicant should be brought back to clarify the micro brews? Chair Steiner stated he believed they were o.k. on the issues as discussed. Commissioner Buttress made a motion to adopt PC Resolution No.48 -11, approving CUP No. 2873 -12, MSPR No. 0697 -12 and DRC No. 4640- 12 -BJ's Restaurant and Brewhouse, subject to the conditions contained in the Staff Report, noting that the item was categorically exempt from CEQA. The approval would include changes to Condition No. 25 to add language "will allow early happy hour on the premises as long as it was in conjunction with the other Orange County BJ's Restaurants ". Add to Condition No. 26 that "micro brews in a taster platter were allowed to be served ". On Condition No. 37 "there shall be no need for a special written request for beer dinners ". SECOND: Commissioner Gladson AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None Planning Commission Meeting ABSENT: Commissioner Cathcart November 19, 2012 Page 15 of 18 MOTION CARRIED Planning Commission Meeting November 19, 2012 Page 16 of 18 (4) CONDITIONAL USE PERMIT 2874 -12 -AAEON ELECTRONICS The applicant is proposing an administrative office in excess of 25% allowed in an industrial zone. The office area would be 13,997 SF which is 33% of the entire building. LOCATION: 324 W. Blueridge NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15301 (Class 1 — Existing Facilities) because the project is for the interior improvement of an existing structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution 46 -12 approving an administrative office in excess of the 25% allowed in an industrial zone. Planning Manager, Leslie Aranda Roseberry, presented a project overview consistent with the Staff Report. Chair Steiner invited the applicant to address the Commission. Michael Volt, address on file, stated the company had come to the City of Orange for R & D of computers and they manufactured very high quality products and would bring engineering jobs to the city. Their office space was also part of their R & D Space. He was available for questions. Commissioner Gladson stated there were storage containers in the parking area and she asked what would occur with those. Mr. Volt stated the storage containers were owned and occupied by the former Crystal Cathedral. The storage units contained sets from their various performances at the church. The church was in the process of cleaning up their affairs and had received an extension on housing those containers. It was an independent issue with permits in place. Ms. Aranda Roseberry stated there had been an application submitted for the storage units. Chair Steiner brought the item back to the Commission for further discussion or action. Commissioner Gladson made a motion to adopt PC Resolution No. 46 -12, approving CUP No. 2874- 12 -AAEON Electronics, subject to the conditions contained in the Staff Report and noting the project was categorically exempt from CEQA. Planning Commission Meeting November 19, 2012 Page 17 of 18 SECOND: Commissioner Buttress AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart MOTION CARRIED Planning Commission Meeting November 19, 2012 Page 18 of 18 (5) ADJOURNMENT Commissioner Buttress made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, December 3, 2012. SECOND: Commissioner Grangoff AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart Meeting Adjourned @ 8:10 p.m. MOTION CARRIED