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12-16-19 PC Agenda CITY OF ORANGE PLANNING COMMISSION AGENDA Monday, December 16, 2019 Regular Session Council Chambers – 7:00 P.M. Planning 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 Robert Garcia Senior Planner Marissa Moshier Historical 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. 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]. PLEASE SILENCE ALL ELECTRONIC DEVICES Planning Commission Agenda – December 16, 2019 Page 2 of 4 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 the 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 APPROVAL OF MINUTES: December 2, 2019 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. 3. CONTINUED HEARINGS: 3.1 REVIEW OF JR MOTEL CONDITIONAL USE PERMIT NO. 2948-14 – 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 basement, 28-room motel on two existing vacant parcels located at 428 E. Lincoln Avenue. Since the time of operation City inspections have determined that violations of building and fire codes have occurred and the use of building may not be operating as the intended motel use. NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15309 (Class 9 – Inspections) because the project performance is being reviewed by the Planning Commission. Should the Planning Commission recommend an enforcement action to be brought back to the Planning Commission, such action would be categorically exempt from the provisions Planning Commission Agenda – December 16, 2019 Page 3 of 4 of 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 would be occurring. No public review is required. RECOMMENDED ACTION: 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. 4. NEW HEARING: 4.1 CONDITIONAL USE PERMIT NO. 3101-19 – BUTATON RESTAURANT, LOCATED AT 10 PLAZA SQUARE, #101 The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 (On Sale Beer and Wine – Eating Place) License for a new restaurant at 10 Plaza Square, #101 in the Plaza Historic District. 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 a restaurant within an existing commercial building, consistent with the property’s zoning. There is no environmental public review required for a categorical exemption. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 25-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3101-19 FOR AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) LICENSE WITHIN A 1,564 SQUARE FOOT RESTAURANT LOCATED AT 10 PLAZA SQUARE, #101 Planning Commission Agenda – December 16, 2019 Page 4 of 4 4.2 CONDITIONAL USE PERMIT NO. 3098-19 – TYPE ALCOHOL BEVERAGE CONTROL (ABC) LICENSE – 76 GAS STATION – 684 S. GLASSELL STREET The applicant is requesting an Alcoholic Beverage Control (ABC) License Type 20 (Off- Sale Beer and Wine) for the sale of beer and wine for off-site consumption at an existing gas station convenience store located at 684 S. Glassell Street. 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). The project consists of licensing for the sale of beer and wine for off-site consumption in an existing commercial building, and results in negligible or no expansion of the commercial use beyond that existing at the time of the City’s determination. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 27-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3098-19 AUTHORIZING AN ALCOHOLIC BEVERAGE CONTROL LICENSE (TYPE 20 – OFF-SALE BEER AND WINE) FOR AN EXISTING GAS STATION CONVENIENCE STORE LOCATED AT 684 S. GLASSELL STREET 5. ADJOURNMENT: The next Regular Planning Commission Meeting will be held on Monday, January 6, 2020 at 7:00 p.m. in the Council Chamber. APPEAL PROCEDURE 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 befo re 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.