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04-06-2020 PC Agenda CITY OF ORANGE PLANNING COMMISSION AGENDA Monday, April 6, 2020 7:00 p.m. Regular Session Various Teleconference Locations Planning Commissioners: Dave Simpson, Chair Ernest Glasgow, 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 Monique Schwartz Associate Planner Ashley Brodkin Associate Planner Jessica Wang Administrative Specialist Simonne Fannin Recording Secretary Location: Various teleconference locations Mailing Address P.O. Box 449 Orange, CA 92866-1591 Telephone Number: (714) 744-7220 SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Please be advised that some, or all, of the City of Orange Planning Commissioners and staff will participate in meetings via teleconference. Public Participation Pursuant to Executive Order N-29-20 and given the health risks associated with COVID-19, members of the public can access meetings on Spectrum Cable Channel 3 and AT&T U-verse Channel 99, and streamed live and on-demand on the City’s website at www.cityoforange.org. Members of the public may not attend the meeting in person. Members of the public can submit their written comments electronically for the Planning Commission’s consideration by emailing them to PCpubliccomment@cityoforange.org with the subject line “Public Comment Item # (insert the item number relevant to the comment) or “Public Comment Non-agenda Item” for general public comments. It is highly recommended that written comments be submitted before 6:30 p.m., prior to the commencement of the meeting. Written comments can also be received during the meeting; however, only those received prior to the call for public comment for each agenda item will be available to the Planning Commission as part of the public record. The public can also record their comments by calling (714) 744-7271 no later than 5:00 p.m. before the meeting. All public comments will be provided to the Planning Commission and compiled as part of the record. Contact the City Clerk’s Office at (714) 744-5500 with any questions. NOTE: Any public record that is distributed less than 72 hours prior to the Planning Commission meeting will be made available at the City Clerk’s Office and posted on the City’s website. 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 at cdinfo@cityoforange.org 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]. Planning Commission Agenda – April 6, 2020 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. Members of the public can submit their comments in writing for the Commission’s consideration by sending them to PCpubliccomment@cityoforange.org or by calling (714) 744- 7271. Please submit all comments by 6:30 p.m. prior to the commencement of the meeting. Written comments can also be received during the meeting; however, only those received prior to the call for public comment for each agenda item will be available to the Planning Commission as part of the public record. 1.5 Continued or Withdrawn Items: 1.6 Assistant Community Development Director Reports 1.7 Announcement of Appeal Pro cedures (details found on last page of this agenda) 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES: March 2, 2020 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. COMMISSION BUSINESS: 3.1 General Plan Annual Progress Report to the State of California . California Government Code Section 65400 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 the Department of Housing and Community Development by April 1 of each year. NOTE: Since this item is informational in nature and involves no action by the Planning Commission, the California Environmental Quality Act (CEQA) does not apply. Notwithstanding, Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with CE QA. The implementation Planning Commission Agenda – April 6, 2020 Page 3 of 4 activities identified in the subject report are addressed in the previously- approved General Plan EIR. RECOMMENDED ACTION: Receive and file 2019 General Plan Annual Progress. 4. NEW HEARINGS: 4.1 Public Hearing: Conditional Use Permit No. 3115-20, Lazy Dog Café, 1623 West Katella Avenue, Space 212. The applicant is requesting to remove an existing condition of approval related to an Alcoholic Beverage Control Type 47 License (On-Sale General for Bona Fide Public Eating Place) for an existing restaurant to allow the sale of pre-packaged beer and wine for off-site consumption. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 11-20 entitled: A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3115-20 modifying a condition of approval associated with an Alcoholic Beverage Control (ABC) Type 47 License (On-Sale General for Bona Fide Public Eating Place) within an existing restaurant located at 1623 West Katella Avenue, Space 212. 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 removing an existing condition of approval related to an ABC Type 47 (On-Sale General for Bona Fide Public Eating Place) within an existing restaurant . No public review is required. 4.2 Conditional Use Permit (CUP) No. 3110-19, Anthem Oil, 105 E. Lincoln Avenue. The applicant proposes the sale of alcoholic beverages for off-site consumption under an Alcoholic Beverage Control (ABC) Type 20 (Off Sale Beer and Wine – Package Store) License within an existing gas station convenience store. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 09-20 entitled: Planning Commission Agenda – April 6, 2020 Page 4 of 4 A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3110-19 for an Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer and Wine – Package Store) License, and making a finding of public convenience or necessity for an existing gas station convenience store, located at 105 E. Lincoln 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 the operation and licensing of an existing gas station convenience store, consistent with the property’s zoning and General Plan designation. No public review is required. 5. ADJOURNMENT: The next Regular Planning Commission Meeting will be held on Monday, April 20, 2020, at 7:00 p.m. via teleconference from various locations. 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 befor e 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.