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03-05-18 Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Daniel Correa Adrienne Gladson Doug Willits City of Orange Planning Commission Regular Agenda MONDAY, MARCH 05, 2018 REGULAR SESSION 7:00 PM  City Council Chambers Staff: Anna Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Robert Garcia Senior Planner Marissa Moshier Historic Preservation Planner Simonne Fannin Recording Secretary Location: 300 E. Chapman Avenue Orange, CA 92866 City Council Chambers Mailing Address P.O. Box 449 Orange, CA 92866-1591 Telephone Number: (714) 744-7220 If you are interested in addressing the Planning Commission on any item on this agenda, please PRINT today’s date, your full name, address (with zip code) and phone number (optional) as well as the agenda item number on a yellow card provided on the table at the front door. Submit the completed card to the recording secretary at the front of the chambers. The Chair will call your name and allow you to speak when the item is considered. When you speak to the Commission, state your full name and address for the record. Members of the public must direct their questions to the Chair and not to other members of the Commission, the staff, or the audience. Speaking time is limited to three (3) minutes per person, so please organize your comments accordingly. Regular Planning Commission meetings will be broadcast live on Time Warner Cable, Channel 3 and AT&T U-Verse, Channel 99 on the 1st and 3rd Mondays. You may also stream the meeting LIVE on the internet by logging onto the City of Orange website at www.cityoforange.org, clicking on Council Online; scroll down to find the meeting date & click on Video to watch. Upcoming event dates will become “In Progress” video links when the meeting begins. Click the link to watch the live event. If a legal holiday falls on the 1st or 3rd Monday, the meeting will be held on Wednesday of that week. NOTE: Any public record that is distributed less than 72 hours prior to the Planning Commission meeting will be made available at the Planning Commission meeting and at the City Clerk counter at City Hall, 300 E. Chapman Avenue, Orange, CA 92866. PLEASE SILENCE ALL ELECTRONIC DEVICES Planning Commission Agenda – March 5, 2018 Page 2 of 4 In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Please contact the Planning Division either in person at 300 E. Chapman Ave., Orange, CA. or by calling (714) 744-7220 no later than 10:00 AM on the City business day preceding the scheduled meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s office at (714) 744-5500. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title 11]. REGULAR SESSION – COUNCIL CHAMBERS 1. OPENING 1.1 Call to Order: 1.2 Flag Salute: 1.3 Roll Call: 1.4 Public Participation Opportunity for members of the public to address the Commission on matters not listed on this agenda. 1.5 Continued or Withdrawn Items: None 1.6 Assistant Community Development Director Reports 1.7 Announcement of Appeal Procedures (details found on last page of this agenda) 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF FEBRUARY 21, 2018. All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of said items unless members of the Planning Commission, staff or the public request specific items removed from the Consent Calendar for separate action Planning Commission Agenda – March 5, 2018 Page 3 of 4 3. NEW HEARING: 3.1 CONDITIONAL USE PERMIT 3055-17- TILTED KILT The applicant is requesting to modify certain existing conditions of approval associated with Conditional Use Permit (CUP) No. 2929-14 related to an Alcoholic Beverage Control (ABC) Type 47 License (On-Sale General for a Bona Fide Eating Place). LOCATION: 1625 WEST KATELLA AVENUE NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State Guideline Section 15301 (Class 1 – Existing Facilities) because the proposal only involves the modification of certain existing conditions of approval for the licensing of on-site sales and consumption of alcoholic beverages. There is no environmental public review required for a categorical exemption. 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:  Direct staff to return with a resolution to approve one or more of the requested modifications to the existing conditions of approval with required findings and conditions.  Direct staff to return with a resolution to deny the requested modifications to the existing conditions of approval with required findings. 3.2 CONDITIONAL USE PERMIT 3055-17-URTH CAFFE The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine – Eating Place) to serve beer and wine at a new restaurant (Urth Caffe) in the Plaza. LOCATION: 100 W. CHAPMAN AVENUE NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 – Existing Facilities) because the project consists of licensing the sale of alcoholic beverages at an existing restaurant and results in negligible or no expansion of use beyond that existing at the time of the City’s determination. Planning Commission Agenda – March 5, 2018 Page 4 of 4 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 06-18 approving Conditional Use Permit No. 3055-17 for the sale of beer and wine under a type 41 (on-sale beer and wine – eating place) alcoholic beverage control license within a new restaurant at 100 w. Chapman Avenue. 4. ADJOURNMENT: The next regular Planning Commission Meeting will be held on March 19, 2018 at 7:00 p.m. in the Weimer Room due to Council Chambers Renovations. APPEAL PROCEDURES Any final determination by the Planning Commission may be appealed, and such appeal must be filed within 15 calendar days after the Planning Commission action. This appeal shall be made in written form to the Community Development Department, accompanied by an initial appeal deposit of $1,000.00. The City Clerk, upon filing of said appeal, will set petition for public hearing before the City Council at the earliest date. All owners of property located within 300 feet of the project site will be notified by the City Clerk of said hearing. For additional information, please call (714) 744-7220. If you challenge any City of Orange decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.