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2011- August 15Planning Commission Meeting APPROVED August 15, 2011 Page 1 of 5 Planning Commission City of Orange Minutes August 15, 2011 Monday 7:00 p.m. PRESENT: Commissioners Gladson, Grangoff, Merino and Steiner ABSENT: Commissioner Buttress STAFF PRESENT: Ed Knight, Assistant Community Development Director Robert Garcia, Associate Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION Commissioner Merino opened the Administrative session @ 6:54 p.m. with a review of the Agenda. He asked if there were any questions on the Agenda. There were none. Commissioner Merino stated he would abstain from the vote on the minutes from the July 18, Planning Commission Meeting, as he had been absent. Commissioner Grangoff stated he had also been absent and would abstain from the vote. Chair Steiner joined the Administrative Session of the Planning Commission Meeting. He asked Assistant City Attorney, Gary Sheatz, with the two Commissioners abstaining, would they still be allowed to vote on the minutes? Mr. Sheatz stated Commissioners Merino and Grangoff would record abstentions and Chair Steiner and Commissioner Gladson could vote. Commissioner Grangoff asked in reference to the recommended hours of operation for Agenda Item No. 2, Buffalo Wild Wings, would the applicant have the option to expand on the hours at a future date? Associate Planner Robert Garcia stated the applicant could come back at a later date and request a modification to the business hours. Mr. Garcia stated there would be a new representative from the Orange Police Department attending Planning Commission meetings and he introduced Sergeant Nichols. The Commissioners welcomed him. Sergeant Peterson stated he was being reassigned to the Homicide Unit. Chair Steiner asked if there was anything additional from Staff. There was nothing further. Administrative Session adjourned @ 7:00 p.m. Planning Commission Meeting August 15, 2011 Page 2 of 5 PUBLIC PARTICIPATION None REGULAR SESSION Consent Calendar: (1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED MEETING OF JULY 18, 2011 Commissioner Gladson made a motion to approve the minutes from the regular scheduled Planning Commission Meeting of July 18, 2011 as written. SECOND: Commissioner Steiner AYES: Commissioners Gladson, and Steiner NOES: None ABSTAIN: Commissioners Grangoff and Merino ABSENT: Commissioner Buttress MOTION CARRIED Planning Commission Meeting August 15, 2011 Page 3 of 5 (2) CONDITIONAL USE PERMIT NO. 2830 -11 & DESIGN REVIEW COMMITTEE NO. 4553 -11— BUFFALO WILD WINGS The applicant is requesting an Alcoholic Beverage Control Type 47 (On -Sale General — Eating Place) License to have on -site consumption of alcohol for the guests of the eating establishment and interior and exterior remodel including two outdoor patio dining areas at an existing tenant space at The Block of Orange. LOCATION: 20 City Boulevard, Suites 901 -903 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 includes the minor alterations of a private structure with a small expansion of an outdoor patio for dining. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 18 -11 approving an ABC Type 47 license and the remodel of the interior and exterior of the building including two outdoor patio dining areas. Associate Planner Robert Garcia presented a project overview consistent with the Staff Report. Chair Steiner stated the site was proposing extensive remodeling and a patio and DRC had reviewed the application. Mr. Garcia stated yes, that was correct. The DRC had reviewed the proposed project and had given their recommendation of approval on the project presented. Chair Steiner opened the item to any questions for Staff. Commissioner Gladson stated on the Conditions of Approval, and as it was her first alcohol use application being reviewed on the Planning Commission she had wanted to get clarification. She asked why happy hour time frames were not allowed, and for some background on that decision? Mr. Garcia deferred the question to the Orange Police Department's representative. Sergeant Peterson stated the Police Department had found, through their studies, that happy hour had leant to an overall increase in the crime rate. To avoid that, they had placed the condition of no happy hour. Planning Commission Meeting August 15, 2011 Page 4of5 Commissioner Gladson stated it was related to the crime rate and not so much to inebriation; it was a secondary effect of drinking in that being inebriated might cause someone to commit a crime, and she asked if that was the logic. Sgt. Peterson stated their experience was that happy hour caused patrons to over drink and there was an increase in crime associated with that. Commissioner Gladson asked if it was the practice at The Block to not allow alcohol serving establishments to have a happy hour. Sgt. Peterson stated it was the current practice of the Orange Police Department to condition no happy hour for any new alcohol application for a restaurant. Commissioner Gladson stated she suspected that the condition could be potentially reviewed at a future date. That the applicant could come back to the City of Orange and request an amendment in a year or two and request a change to that condition based on the potential for crime rates to go down. Chair Steiner stated it was a competitive edge for some restaurants to have a happy hour and for others not to have one. Sgt. Peterson stated he agreed with that statement. Chair Steiner invited the applicant to address the Commission. Matt Dragas, address on file, stated he was a resident of Orange and he lived in the Gateway Apartments. His brother, Lewis Dragas, was also present. It was a family business. He and his two brothers operated the restaurant. His father and grandfather supported them financially to open the restaurants. They currently had 80 Taco Bells back east, a fine dining restaurant in Virginia and they operated 3 Buffalo Wild Wings in Orange County; in Buena Park, Mission Viejo and Aliso Viejo. He believed the restaurants had never received a red card. If there were any questions he was available. Commissioner Gladson stated she was quite familiar with the Buffalo Wild Wings menu and facility as there was one in the City she worked in. There was quite a list of Conditions of Approval and she asked the applicant if he was comfortable with those; as they were requirements that had to be met? Mr. Dragas stated their own internal requirements were much more stringent. It was their names on the liquor license. If someone got hurt or killed someone in a car crash, he would be the one that carried the responsibility. They had a policy of no more than 3 drinks per patron; and anything after that required a manager's approval. They had stringent standards and their Human Resources Department had just fired an employee based on those standards. There was an advantage for other restaurants in having a happy hour; as Dave & Busters offered Long Island Ice Teas for $3.00 and he agreed it was a competitive advantage, but Buffalo Wild Wings was so happy to be able to open in Planning Commission Meeting August 15, 2011 Page 5 of 5 Orange that they would comply with anything. They wanted the Orange Police Department to understand how they operated and how professional they were. Safety was of the utmost importance to them. Chair Steiner stated there were 47 Conditions of Approval in the application. Chair Steiner asked if there were any additional speakers either for or against the proposed project that wished to speak. There were none. Chair Steiner brought the item back to the Commission for further discussion or a motion. Commissioner Merino made a motion to adopt PC Resolution 18 -11, approving CUP No. 2830 -11 & DRC No. 4553 -11, Buffalo Wild Wings, subject to the conditions contained in the Staff Report and noting the item was categorically exempt from CEQA. SECOND: Commissioner Gladson AYES: Commissioners Gladson, Grangoff, Merino and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Buttress MOTION CARRIED (3) ADJOURNMENT: Adjournment to the next regular Planning Commission Meeting scheduled for Wednesday September 7, 2011. Commissioner Gladson made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on September 7, 2011. SECOND: Commissioner Gladson AYES: Commissioners Gladson, Grangoff, Merino and Steiner NOES: None ABSTAIN: None ABSENT: Commissioners Buttress MOTION CARRIED Meeting Adjourned @ 7:13 p.m.