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11-04-19 PC Agenda City of Orange Planning Commission Monday, November 4th, 2019 REGULAR SESSION 7:00 PM  Council Chambers Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Rick Martinez David Vazquez Doug Willits Staff: Anna Pehoushek, Assistant Community Development Director Mary Binning Sr. Asst. City Attorney Chad Ortlieb Senior 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 at the front entrance. 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 Spectrum Cable channel 3 on the 1st and 3rd Mondays of the month. You may also stream the meeting LIVE on the internet by logging onto the City of Orange website at www.cityoforange.org, clicking on the “Agenda and Minute’s button at the bottom of the page, select “Planning Commission” and click on Video. Upcoming event dates will become “In Progress” video links when the meeting begins 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 – November 4, 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: 2.1 Approve minutes from the October 21st 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 – November 4, 2019 Page 3 of 5 3. NEW HEARINGS: 3.1 CONTINUATION OF REVIEW OF CONDITIONAL USE PERMIT NO. 2948-14; JR MOTEL; 428 E. LINCOLN AVENUE On July 6, 2015, the Planning Commission adopted Resolution No. PC 19- 15 approving the JR Motel, a 23,128 square foot, two story with b asement, 28-room motel on two then-vacant parcels located at 428 E. Lincoln Avenue. On October 7, 2019, the Planning Commission reviewed the JR Motel Conditional Use Permit (CUP) in light of reported violations of building codes, fire codes, Orange Municipal Codes, and project operating conditions. The Planning Commission continued its hearing on the matter with direction to staff to return with a resolution including for its consideration additional operating conditions to the JR Motel CUP. NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15321 (Class 21 – Enforcement Actions by Regulatory Agencies) because enforcement of project conditions of approval and the Orange Municipal Code is occurring. No public review is required. 1.) Adopt Planning Commission Resolution No. PC 21-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION APPROVING ADDITIONAL OPERATING CONDITIONS FOR CONDITIONAL USE PERMIT NO. 2948-14 TO ENSURE THAT THE USE OPERATES AS A 23,128 SQUARE FOOT, TWO STORY WITH BASEMENT, 28-ROOM, MOTEL LOCATED AT 428 E. LINCOLN AVENUE AND COMPLIES WITH ALL CONDITIONS. 2.) Alternatively, direct staff to initiate a revocation of the CUP and set a date for a Planning Commission hearing on the matter. 3.2 CONDITIONAL USE PERMIT NO. 3006-16, MAJOR SITE PLAN REVIEW NO. 0855-16, AND DESIGN REVIEW 4855-16 – ORANGE SKY VILLAS SENIOR APARTMENTS, 180 NORTH TUSTIN STREET The applicant proposes to demolish an existing single-family residence and related accessory structures in order to construct a 23-unit senior apartment building. Planning Commission Agenda – November 4, 2019 Page 4 of 5 NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – In-fill Development Projects) because the project meets the following criteria: a. The project is consistent with the existing General Plan designations, General Plan policies and, applicable zoning designations and regulations. b. The project is in the City on a site less than five acres and is substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare or threatened species. d. The project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified. e. The site would be adequately served by all required utilities and public services. There is no environmental public review required for a Categorical Exemption. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 22-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 3006-16, MAJOR SITE PLAN REVIEW 0855-16, AND DESIGN REVIEW 4855- 16 FOR THE CONSTRUCTION OF A 23-UNIT AGE RESTRICTED SENIOR APARTMENT BUILDING LOCATED AT 180 NORTH TUSTIN STREET 4. ADJOURNMENT: The next regular Planning Commission Meeting will be held on Monday, November 18th, 2019. Planning Commission Agenda – November 4, 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 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.