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ITEMS TO BE CONTINUED OR WITHDRAWN: None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.
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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.
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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
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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.
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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.
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