09-16-19 PC Agenda Commissioners:
Ernest Glasgow, Chair
Dave Simpson, Vice-Chair
Rick Martinez
David Vazquez
Doug Willits
City of Orange
Planning Commission
Monday, September 16th, 2019
REGULAR SESSION
7:00 PM Council Chambers
Staff:
Anna Pehoushek,
Assistant Community
Development Director
Mary Binning
Sr. Asst. City Attorney
Marissa Moshier
Historic Planner
Monique Schwartz
Associate Planner
Jessica Wang
Administrative Specialist
Simonne Fannin
Recording Secretary
Location:
Council Chambers
300 E. Chapman Avenue
Orange, CA 92866
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 – September 16, 2019
Page 2 of 5
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:
1.6 Assistant Community Development Director Reports
1.7 Announcement of Appeal Procedures (details found on last page of this
agenda)
2. CONSENT CALENDAR: Approve minutes from the August 19th
Planning Commission meeting.
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 – September 16, 2019
Page 3 of 5
3. NEW HEARING:
3.1 Conditional Use Permit No. 3092-19 and MNSP No. 099-18. Verizon,
1130 E. Walnut Ave.
The applicant proposes to construct a wireless communication facility on
the bell tower at a church at 1130 E. Walnut Avenue. The project includes
a 5 foot 8 inch increase in the height of the bell tower to screen the facility.
NOTE:
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA
Guidelines 15303 (Class 3 – New Construction or Conversion of Small
Structures) because the project consists of the installation of a new
wireless communication facility within an existing bell tower with a
minor increase in the tower’s height to accommodate appropriate
screening of the facility. There is no public review required for a
Categorical Exemption.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. 17-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT
NO. 3092-19 AND MINOR SITE PLAN NO. 0953-18 FOR
INSTALLATION OF A WIRELESS COMMUNICATION
FACILITY ON A CHURCH BELL TOWER INCLUDING A 5
FOOT 8 INCH INCREASE IN THE HEIGHT OF THE TOWER
TO PROVIDE SCREENING, ON PROPERTY LOCATED AT 1130
E. WALNUT AVENUE
Planning Commission
Agenda – September 16, 2019
Page 4 of 5
3.2 Conditional Use Permit No. 3094-19. Burger IM, 763 S. Main St.,
Unit 200A.
The applicant is requesting to upgrade an existing Alcoholic Beverage
Control (ABC) Type 41 (On Sale Beer and Wine – Eating Place) License
to a Type 47 (On Sale General – Eating Place) License for an existing
3,184 square foot dine-in restaurant located within an existing retail
shopping center.
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 the operation and licensing of an existing private structure that
involves a negligible or no expansion of the use beyond what currently
exists. There is no environmental public review required for a categorical
exemption
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. PC 16-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT
NO. 3094-19 FOR THE SALE OF BEER, WINE AND DISTILLED
SPIRITS UNDER AN ALCOHOLIC BEVERAGE CONTROL
(ABC) TYPE 47 (ON SALE GENERAL – EATING PLACE)
LICENSE, ACCEPTING THE VOLUNTARY SURRENDER OF
CONDITIONAL USE PERMIT NO. 2300-99, AND MAKING A
FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR AN
EXISTING 3,187 SQUARE FOOT RESTAURANT, LOCATED AT
763 S. MAIN STREET, UNIT 200A
4. ADJOURNMENT:
The next regular Planning Commission Meeting will be held on Monday,
October 7th, 2019.
Planning Commission
Agenda – September 16, 2019
Page 5 of 5
APPEAL PROCEDURES
Any final determination by the Planning Commission may be appealed, and such
appeal must be filed within 15 calendar days after the Planni ng 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.