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2003 - September 3 APPROVED MINUTES Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: INRE: IN RE: INRE: September 3, 2003 Monday-7:00 p.rn. Commissioners Bonina, Brandman, Pruett, Smith Jim Reichert, Acting Planning Manager/Secretary Gary Sheatz, Assistant City Attorney Roger Hohnbaum, Assistant City Engineer Sharon Penttila, Recording Secretary PUBLIC PARTICIPATION: None ITEMS TO BE CONTINUED OR WITHDRAWN: None CONSENT CALENDAR: 1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF AUGUST 18, 2003 (CONTINUED FROM AUGUST 25, 2003). MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to continue approval of the August 18,2003 minutes to the September 15,2003 meeting. AYES: NOES: ABSTAIN: ABSENT: Commissioners Brandman, Pruett, Smith None Commissioner Bonina None MOTION CARRIED 2. PRESENTATION BY NORA JACOB, LIBRARY DIRECTOR, REGARDING STATUS OF MAIN LIBRARY EXPANSION PROJECT. Commissioner Smith had to recuse herself from this item because she lives within 300' of the library project. She was able to listen to Ms. Jacob's presentation but was not allowed to ask any questions. Nora Jacob, the City's Library Director, updated the Commission on the Library Expansion Project. The Orange Library was granted money from the Library Bond Act in December 2002. The City has hired a project manager, JHTM and Associates of Costa Mesa, and an architect, LP A of Irvine. The last 8 weeks of the summer have been spent designing the interior of the new two-story, 28,000 sq. ft. library addition. The City team is comprised of people from Public Works, City Attorney's Office, Finance, Economic Development and the Planning Division in Community Development. Ground breaking is set for early 2005 and ribbon cutting should occur in September 2006. The overall cost of the new library addition is $16.6 million. INRE: INRE: CONTINUED HEARINGS: None NEW HEARINGS: Planning Commission APPROVED September 3, 2003 3. CONDITIONAL USE PERMIT 2456-03 - COST PLUS WORLD MARKET A request to allow the off-site sale of beer and wine for a new specialty retail store located within "The Village at Orange" shopping center, and to make a Finding of Public Convenience or Necessity. Subject property is located at 2294 North Tustin Street. NOTE: This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15301, (Class 1 - Existing Facilities). RECOMMENDED ACTION: Adopt Resolution No. PC 35-03 approving Conditional Use Permit 2456-03. Jim Reichert introduced the item. Chuck Lau, Associate Planner, made the staff presentation that outlined the project. He explained that Cost Plus W orId Market is moving into The Village at Orange and they are requesting the approval of a Conditional Use Permit to allow the off-site sale of beer and wine. The store is also applying through the Department of Alcohol Beverage Control for a Type 20 license. As part of this application, the Commission will be asked to make a finding of Public Convenience or Necessity. Alan Bally. 6381 Hollywood Blvd. #570, Los Angeles, represented the applicant. He was satisfied with the recommended conditions. Commissioner Smith verified that all the other Cost Plus stores sell alcohol. Commissioner Bonina couldn't find in the staff report the map showing various alcohol licenses in the general area. Mr. Lau explained that the Police Department gave a range of how many licenses were within that reporting district. He noted that the stores currently in the area selling off-site alcohol are Trader Joe's, Sav-On, Wal-Mart, and Wine Exchange. Commissioner Bonina found it problematic that the Police report shows the licenses are exceeding the allowable within the census tract and it needs to be looked at closer. Also he noted this appears to be a very high arrest area. Mr. Lau explained that because it's in a geographical area where it has a lot of retail uses, a lot of the crime has to do with apartment complexes in the area and it's not unusual when you have a major commercial corridor like this to have higher crime statistics. Commissioner Bonina wanted to see what the census tract looks like, where the alcohol licenses are and what the crime statistics are. He was alarmed with the high crime and the fact that the number of the licenses in the area was inaccurate in the staff report. He wanted to know if refrigerated alcoholic drinks and single cans would be sold Mr. Bally confirmed there is no refrigerated alcohol at the location, however, there are single sales because they offer specialty premium brands and people like to mix and match them. He explained that it's not unusual for a large mall to have above average crime statistics and it's generally crimes against property, like shoplifting and breaking into automobiles. Mr. Bonina was still concerned that the crime statistics for the area are four times the average. He also wanted to know if the churches in the area were factored in. Mr. Bally stated that the State takes these types of issues very seriously and pursuant to an approval from the Commission, the State would be favorable to issuing a license. He explained that this is an 18,000 sq. ft. store and only 5Y2% of that is dedicated to alcoholic beverages. 2 Planning Commission APPROVED September 3, 2003 Commissioner Pruett wanted to know what other stores Cost Plus has in the area. Mr. Bally indicated there is one at the Beverly Connection, Farmer's Market, on Santa Monica Blvd., and in Long Beach. Suzanne Toler, 6333 W. 3rd Street, Los Angeles, store manager at the Farmer's Market Cost Plus store. She mentioned the additional stores in Lakewood, Brea, Mission Viejo and Santa Ana. Commissioner Brandman was confused about the orientation of the building site. Mr. Lau explained where the main entrance would be and the location of Cost Plus. Commissioner Brandman explained that looking at her past record as a Planning Commissioner, she has voted more often against allowing liquor licenses but this was different because it's an upscale type of store. She was excited about Cost Plus coming to Orange but she's also trying to protect people from increased availability of liquor. Mr. Lau suggested placing a condition stating that there will be no refrigeration of alcoholic beverages. He also explained that of the conditions in the draft resolution, about 12 of them came straight from the Police Department. Commissioner Brandman wanted to know more about the products Cost Plus would be selling and would it be more upscale than Pier 1. Chair Pruett stated that the staff report indicated it's a gourmet food, wine and beer store. Commissioner Bonina wanted to know if the lighting plan had been enhanced in the parking lot. Mr. Lau explained the lighting plan was included in the overall, comprehensive remodeling of the entire mall, per a condition set by the Police Department, and it will comply with current City lighting standards. Commissioner Bonina asked who polices the parking lots to ensure no alcoholic beverages are being consumed on the premises. Mr. Lau stated the Police would be responsible for upholding this issue. Chair Pruett also stated that if the licensee did it knowingly, their license would be revoked. Commissioner Bonina wanted to know what type of signage there would be in the windows. Ms. Toler indicated, per one of the conditions, there would be no advertising in the windows. The only thing generally placed in the windows is a colored picture of the newspaper ad. Lisa Kim, from the Orange Economic Development Department, shared information relating to the development agreement that was approved by City Council in April 2003. As part of that agreement, the mall management and the property owner were to provide adequate on-site security for the safety of the patrons shopping at the mall. If the agency feels there are inadequate security measures in place, they do have the ability to require the property owner to add additional security measures. The public hearing was opened. Brenda Vesquez, 2295 Tustin Avenue, Orange, was opposed to the project. She was concerned with the high number of alcohol licenses being issued and the higher than average crime rate at the mall site. She also explained that an increase of businesses in the mall creates an increase in traffic and it would be more difficult for her to cross Tustin Street from her residence. 3 Planning Commission APPROVED September 3,2003 Barry Flvnn, 2579 N. Franki, Orange, was in favor of the project. He felt selling alcohol was just a small fraction of the business that Cost Plus would be doing and it would bring in more business to the mall. He suggested the liquor aisles be located as far as possible from the entry and exit points. Brad Larue, 425 California Street, San Francisco, representing the ownership of the mall. In response to the crime issues that had been raised, he explained the mall agreed to a condition in the City Council resolution to provide adequate security. The mall spends almost Y2 million dollars a year on their own private security force. $1.1 million will be spent on increased interior and exterior lighting. He also noted that Cost Plus will not open their store in the mall without a liquor license. Mr. Bally was called forward to respond to any issues that had been discussed. He explained what type of alcohol they won't be selling which would be Budweiser, 24-packs of Miller Genuine Draft, Thunderbird, Ripple or any liquor associated with alcohol related problems. He stated the store closes at 10:00 p.m. and it's not a 24-hour operation. The police department has included a condition that requires very specific training for the sales personnel, which includes checking I.D.s and following state liquor laws. In response to Commissioner Smith's question, he explained that Cost Plus has a prototype model for the chain of stores and they have made the decision that a percentage of the floor area is to be devoted to beer and wine sales. Commissioner Smith would like to add "refrigerators" to Condition No. 11. Mr. Bally was amenable to that. The public hearing was closed. Gary Sheatz was asked to explain the census tract as it relates to ABC licenses. The number that is set is adjusted to the population for the census tract and that's where the magic number comes from for the number of alcohol licenses to be issued. Anything under that number, ABC can issue the alcohol license without the local land use jurisdiction making a finding of public convenience or necessity. Commissioner Smith didn't have a problem with this application because the four vendors on site at the mall have been correctly identified. There is an opportunity for great enhancement of this area of business in town and if they are going to add a alcohol license, it should be in a place where there is more security, lights and people. She was impressed with the security that's being offered. She felt the high crime rate is directly related to the fact that there are a lot of people in the area. She wanted to support a good business like Cost Plus. She also stated that there are many areas in town where there are alcohol licenses right next door to churches and schools. She noted that any CUP could be revoked if it is abused or if there is a high incidence of irregular activity. Commissioner Brandman thanked the public for coming to speak. She was satisfied with the conditions in the resolution. She thought the City would be responsible, as well as the owners of the mall, to make certain that this is not a negative to the City but a positive. She would be voting in favor of the project, however, she's not in favor of more alcohol being sold but she felt this wasn't the regular type of alcohol. Commissioner Bonina felt this wasn't an issue of supporting or not supporting the expansion of the mall. He was not comfortable making a finding of public convenience or necessity with inadequate information including the content of the staff report which should have had the 4 Planning Commission APPROVED September 3, 2003 correct number of licenses and crime in the area. He would like to know more about Type 1 and Type 2 crimes and if the church in the area had been notified. He recommended that this particular application be deferred to the next meeting when they could view accurate information. Therefore, he does not support the application as presented. From Chair Pruett's point of view, he was very pleased to see the mall take this turn, making a positive change. He thought it offered a different type of market and it would bring to the mall the type of customers that the center is trying to reach out to. Even with some inaccuracy in the staff report, it does not affect his decision. The issue of public convenience or necessity has been met and approving this conditional use permit will benefit customers. The public needs to understand that each CUP is treated differently and future applicants would have to show convenience and necessity. Commissioner Smith stated that the Commission needs accurate staff reports in order to make decisions. In the future, from the Police Department, she would like to see the delineation of how many Type 1 and Type 2 arrests were made along with a definition of both of those terms. MOTION Moved by Commissioner Smith and seconded by Commissioner Pruett to adopt Resolution No. PC 35-03 approving Conditional Use Permit 2456-03 noting that the project is categorically exempt from the requirements of CEQA with the findings listed in the staff report and the finding of public convenience or necessity. The word "refrigerators" is to be added to Condition No. 11. AYES: NOES: ABSTAIN: ABSENT: Commissioners Brandman, Pruett, Smith Commissioner Bonina None None MOTION CARRIED 4. MAJOR SITE PLAN REVIEW 272-03 - RAWSON, BLUM AND LEON (THE VILLAGE AT ORANGE) A request for modification of an approved site plan to allow the construction of two new building pads totaling 12,800 sq. ft. in size as part of the comprehensive renovation of "The Village at Orange" shopping center. Subject property is located at 2114 - 2318 N. Tustin Street. NOTE: Negative Declaration 1703-02 was adopted as an adequate and complete evaluation of the potential environmental impacts of the previously approved project under Major Site Plan Review No. 244-02. The proposed revisions of the current project under Major Site Plan Review No. 272-03 are relatively minor and will not involve any changes to the previously approved environmental document. RECOMMENDED ACTION: Adopt Resolution No. PC 34-03 approving Major Site Plan Review No. 272-03 (Modification to Major Site Plan Review 244-02). Jim Reichert introduced the item. 5 Planning Commission APPROVED September 3, 2003 Chuck Lau, Associate Planner, made the staff presentation that outlined the project. He explained that this was a modification to a previously approved major site plan review and the request tonight was to add two new building pads totaling 12,800 sq. ft. at the front entry facing Tustin Street. Both the SRC and DRC have reviewed and approved the project, looking at traffic circulation, parking and pedestrian access. Commissioner Brandman wanted to know what businesses were proposed on the pads. Mr. Lau indicated they would primarily be food related type uses and there are no drive-thrus. Commissioner Bonina questioned if the pad locations were originally anticipated to be in those two areas. Mr. Lau explained that a year ago there were some pad locations they were considering but not in those exact areas. Commissioner Brandman wanted to confirm that traffic to these restaurants would be directed down the main corridor off of Tustin and cars would have to double back to reach the new restaurants. Mr. Lau said yes. Commissioner Bonina wanted to know if any further pads would be developed along Tustin Street. Mr. Larue stated, that at this point, no other pads are being proposed and this is the amount of square footage they can add relative to the parking ratios. Mr. Larue was asked if there was anything he'd like to present. He wanted to address a few of the issues that were brought up. He explained that originally the pads were in closer to the mall as part of the village concept. However, after hearing comments on traffic and congestion from the City, they pulled the pads out toward Tustin with new pedestrian pavers from the pads as a connection to the village. He explained the mall would be returning to the City to submit signage plans along Tustin. The targeted opening date for the interior mall improvements is November 2003 and the grand opening of the center is scheduled for the first quarter of 2004. Mr. Larue confirmed for Commissioner Bonina that the architecture for the buildings on the pads ties in with the main mall architecture including the same stone veneer. Mr. Larue explained their signage program would be going to the Staff Review Committee next week and it would be coming to the Commission in the future which would include not only signage on Tustin but also directional signage within the parking lot. Commissioner Brandman was very concerned with the back parking lot and she's anxious to see how they will make the rear parking area as important as the front. The public hearing was opened. Brenda Vesquez, 2295 Tustin Avenue, Orange, was pleased to hear that future signage will direct cars to enter in multiple places along Tustin but she was still concerned with the private driveway she must use to exit her condominium complex. Mr. Hohnbaum, in response to Ms. Vesquez's concern, explained that as far as the shopping center is concerned, the stoplight will be run just like it is today. There is going to be a signing, way finding, directional program coming forth soon to help disperse some of the traffic coming in off of Tustin. He stated that Tustin Street does have a lot of traffic and it would be quite difficult to provide additional assistance to those people coming out of the condominium complex. Another signal would not be placed on Tustin because it would affect the traffic flow. 6 APPROVED Planning Commission September 3, 2003 Chair Pruett, even though it doesn't affect this project, would like Public Works to look at that intersection, see what the issue is and follow up on it. MOTION Moved by Commissioner Pruett and seconded by Commissioner Bonina to adopt Resolution No. PC 34-03 approving Major Site Plan Review No. 272-03 (Modification to Major Site Plan Review 244-02). AYES: NOES: ABSTAIN: ABSENT: INRE: MOTION Commissioners Bonina, Brandman, Pruett, Smith None None None MOTION CARRIED ADJOURNMENT: Moved by Commissioner Brandman and seconded by Commissioner Smith to adjourn to the next regular Planning Commission meeting on Monday, September 15, 2003 at 6:30 p.m. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Pruett, Smith None None None MOTION CARRIED The meeting adjourned at 9:20 pm. 7