Planning Commission May 15, Final Minutes. Planning Commission May 15, 2017

Transcription

1 Final Minutes Planning Commission May 15, 2017 City of Orange Monday 7:00 p.m. PRESENT: STAFF PRESENT: Anna C. Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Jennifer Le, Principal Planner Robert Garcia, Senior Planner Monique Schwartz, Assistant Planner Carly Mallon, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: led the flag salute. 1.3 ROLL CALL: was absent, all other Commissioners were present. 1.4 PUBLIC PARTICIPATION: 1.5 CONTINUED OR WITHDRAWN ITEMS: 1.6 PLANNING MANAGER REPORTS: 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF MAY 1, Motion was made to approve the minutes as written: ABSTAIN: Commissioner Correa 1

2 3. COMMISSION BUSINESS: 3.1 GENERAL PLAN ANNUAL PROGRESS REPORT TO THE STATE OF CALIFORNIA California Government Code Section requires that cities submit an annual report on the status of their General Plan and progress in its implementation to the Governor s Office of Planning and Research and Department of Housing and Community Development each year. RECOMMENDED ACTION: Receive and file 2016 General Plan Annual Progress Report for final acceptance by the City Council. Discussion: Jennifer Le, Principal Planner, presented a project overview consistent with the staff report. No motion was required. 3.2 GENERAL PLAN CONFORMANCE FINDING FOR FY THROUGH FY FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. The Capital Improvement Program (CIP) serves as a single comprehensive plan of proposed capital improvement projects for the budget year FY and the four years thereafter. In accordance with State law, the City must determine that the CIP is consistent with the General Plan. RECOMMENDED ACTION: Find that the projects identified within the proposed five-year Capital Improvement Program are consistent with the City s General Plan. Discussion: Jennifer Le, Principal Planner, presented a project overview consistent with the staff report. The Commission asked staff when the next General Plan would be up for review and noted that they appreciated the content of the conformity as it makes it easier for the City Council to track necessary City project compliances. 2

3 Motion was made to find the projects identified within the proposed five-year Capital Improvement Program consistent with the City s General Plan: ABSTAIN: Commissioner Correa 3

4 4. CONTINUED HEARING: 4.1 CONDITIONAL USE PERMIT NO AMC THEATERS 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 movie guests at the theater at The Outlets at Orange. LOCATION: NOTE: 20 CITY BOULEVARD WEST The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Class 1 Existing Facilities) because the project consists of the operation and licensing of an existing private structure. There is no public review required. RECOMMENDED ACTION: Staff recommends that the Planning Commission review the proposal and take the appropriate action. The Planning Commission can take one of the following actions: Approve with required findings. Deny with required finding Discussion: Robert Garcia, Senior Planner, presented a project overview consistent with the staff report. The Commission had no questions for staff. Detective Takeda answered questions from the Commission on behalf of the City of Orange Police Department. He noted that the door alarms requested by the Police Department were consistent with requirements placed on other Orange businesses that sell alcohol. The Commission requested clarification from Detective Takeda as to how the Police Department s security alarm request on the theater doors was related to the proposed CUP. The applicant, Frank Lewis, spoke on behalf of the project. Mr. Lewis stated that as a representative of AMC theaters, he has tried to find common ground with the Police Department. AMC agrees with the Police Department s request to not allow stacking of drinks, allow only one drink to be had at the bar, and only three drinks per patron to be consumed in the theater. He noted that food and beverage revenue is important to the economic viability of a theater. The requested alcohol sales related to the CUP would appeal to adult patrons and the conditions of approval and operational plan would address potential disturbances. Mr. Lewis also made sure to note that the building is never unoccupied so the security alarm system, as proposed by the Police Department, is costly and unnecessary in this case. Public Hearing was opened. 4

5 There were no public speakers. Public Hearing was closed. The Commission commented that while the Police Department did have valid concerns, there would be 24 hour security on the property and a low possibility of the department needing to respond to calls. The Commission understood the need for consistency with other businesses selling alcohol but believed the proposed security measures met that need. The cost of the drinks would also be a deterrent to the purchase of multiple drinks by patrons. Motion was made to approve Conditional Use Permit No AMC Theaters for An Alcoholic Beverage Control) Type 47 (On-Sale General - Eating Place) License to have onsite consumption of alcohol for the movie guests at the theater at The Outlets at Orange directing staff to prepare a Resolution with findings explaining that the location is a wellknown entertainment destination and the theaters have a record of safe operations, and with conditions as modified: 1. Exclude Item Number 37, specifying all doors must be alarmed. 2. Include all items mentioned in the letter sent by the applicant s legal counsel, Manatt, Phelps and Phillips to the Commission dated May 10, Commissioner Correa 5

6 5. NEW HEARING: 5.1 CONDITIONAL USE PERMIT NO TRUFFLE BISTRO The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer and Wine - Eating Place) License for a new 1,680 square foot dine-in restaurant located within the Tustin/Mayfair Center. LOCATION: NOTE: 774 N. TUSTIN STREET The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Class 1 Existing Facilities) because the project consists of the operation and licensing of an existing private structure. There is no public review required. RECOMMENDED ACTION: Adopt Planning Commission Resolution Approving Conditional Use Permit No For An Alcoholic Beverage Control Type 41 (On Sale Beer And Wine Eating Place) License at a new 1,680 square foot restaurant located at 774 N. Tustin Street. Discussion: Monique Schwartz, Assistant Planner, presented a project overview consistent with the staff report. The Commission had no questions for staff. The applicant who spoke on behalf of the project was Henry Atari. Mr. Atari informed the Commission that he has held at least three or four Type 41 licenses during his many years as a restaurant owner and has never had any issues in relation. He currently has other restaurants in Huntington Beach that closely reflect the style of the proposed restaurant. Mr. Atari stated that his proposed restaurant represents a tapas style of dining, such as in Greece and Spain, so serving beer and wine would be a valuable asset to the restaurant. Public Hearing was opened. There were no public speakers. Public Hearing was closed. The Commission commented that they all were able to support an approval. They believed that the license was proposed with good conditions and that it added value to the shopping center which has undergone recent improvements. 6

7 Motion was made to Adopt Planning Commission Resolution approving Conditional Use Permit No for an Alcoholic Beverage Control Type 41 (On Sale Beer and Wine Eating Place) License at a new 1,680 square foot restaurant located at 774 N. Tustin Street. Commissioner Willits 7

8 6. ADJOURNMENT: The meeting was adjourned to the next regularly scheduled meeting on Monday, June 5, Commissioner Correa Meeting adjourned at 8:20 p.m. 8