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Home My WebLink About2008 - June 16 e;600 " Ct ..;.1~3 Planning Commission Minutes June 16,2008 10[5 Final Minutes Planning Commission City of Orange June 16,2008 Monday-7:00 p.m. PRESENT: ABSENT: Commissioners Imboden, Steiner, and Whitaker Commissioner Merino STAFF PRESENT: Ed Knight, Assistant Planning Director Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: Chair Steiner -opened the Administrative Session @ 6:40 p.m. with a review of the Agenda. Consent Calendar: Item #1, Resolution to express appreciation to Phillip Bonina. Chair Steiner stated he would read the resolution in its entirety when it was presented on the Agenda at a future meeting. There were no minutes submitted for approval. New Hearing: Item #2, CUP No. 2706-08 Hope University Expansion. Doris Nguyen would be presenting the item. Chair Steiner and Commissioner Imboden stated they would have questions on the proposed project. Item #3, CUP No. 2710-08 Italia Wine Imports. Robert Garcia would be presenting the item. Chair Steiner asked if the CUP was for an existing business? Ed Knight stated yes they were an existing business moving to a new location and requesting a CUP for an ABC License. Commissioner Whitaker confirmed the applicant had not previously had a Conditional Use Permit. Mr. Knight confirmed that was correct. Other information: Mr. Knight stated Sergeant Bird was taking on a new assignment within the Police Department and there would be a new Police Department representative, Fred Lopez, to be introduced during the meeting. Commissioner Imboden stated he would not be present at the July 7, 2008 Planning Commission Meeting. Chair Steiner asked for clarification on the need to change the City's definition of the term family? Mr. Sheatz stated the City had changed the definition of single family home and single family residential; however, it was brought to the attention of the City that the definition of the term family was unconstitutional based on a precedent established in the City of Santa Barbara. A housing advocate had brought this to their attention and City Staff was working on correcting the definition. Page 1 of 5 Pages Planning Commission Minutes June 16, 2008 20[5 Administrative Session closed @ 6:50 p.m. PUBLIC PARTICIPATION: None CONSENT CALENDAR: (1) ADOPT PLANNING COMMISSION RESOLUTION NO. 18-08 OF THE CITY OF ORANGE EXPRESSING APPRECIATION TO PHILLIP BONINA FOR OVER 6 YEARS OF DEDICATED SERVICE TO THE CITY OF ORANGE AND THE COMMUNITY DEVELOPMENT DEPARTMENT. Commissioner Whitaker made a motion to adopt PC No. 18-08, City Of Orange Expressing Appreciation to Phillip Bonina for his service to the City of Orange and to the Community Development Department. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Imboden Commissioner Imboden, Steiner and Whitaker None None Commissioner Merino MOTION CARRIED NEW HEARINGS: (2) CONDITIONAL USE PERMIT NO. 2706-08 - HOPE UNIVERSITY A proposal to convert existing private university conference rooms into classrooms, convert break room to student lounges, add administrative offices, and faculty offices in an existing office building. LOCATION: 2100 W. Orangewood Avenue, Suites 100, 165 & 180 NOTE: The proposed project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities) because the project includes no expansion of the building. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 16-08 approving the private university expansion. Associate Planner, Doris Nguyen, presented a project overview consistent with the Staff Report. Page 2 of 5 Pages Planning Commission Minutes June 16, 2008 30[5 Chair Steiner opened the discussion for any questions to Staff. There were none. Chair Steiner opened the public hearing and asked the applicant to come forward. Applicant, Vicki Green, 901 Dove Street #140, Newport Beach, stated she wanted to take the opportunity to thank Staff for their assistance in bringing the project forward. They had read the Staff Report and they were in agreement with all conditions contained in the report. Ms. Green stated she understood parking was a concern and through their operational program they felt they could successfully manage parking on site. One of the key aspects would be the times classes would be offered. The university would provide classes after normal business hours which would reduce competition with the patrons of the business park. Additionally, managing parking would also be affected by the number of students allowed on site, the conditions allowed for 150 students after 5 :00 p.m. There were 420 spaces on site and the number of students and class times would greatly reduce the need for competition of those spaces during off peak hours. Chair Steiner opened the hearing for any questions to the applicant, there were none. The item was brought back to the Commission for any further discussion. Commissioner Whitaker stated it appeared that Staff and the applicant had completed the necessary requirements to mitigate the parking issue. Chair Steiner stated when he had initially reviewed the project he was concerned with the number of parking spaces as the initial impression was misleading as a 46 space deficit, however, that clearly was under a scenario that would not present itself. Condition No. 1 addressed that potential issue. He had no other concerns with the project. Commissioner Imboden stated he concurred with the comments made by Chair Steiner as he had initial concerns that were put to ease by the Staff Report and Condition No.8, requiring the university to submit an annual report during the first two years of operation to monitor and ensure the parking arrangement would be successful. Commissioner Whitaker made a motion to adopt PC 16-08, approving Conditional Use Permit No. 2706-08, Hope University, noting the project was categorically exempt from CEQA. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Whitaker Commissioners Imboden, Steiner and Whitaker None None Commissioner Merino MOTION CARRIED Page 3 of 5 Pages Planning Commission Minutes June 16,2008 40[5 (3) CONDITIONAL USE PERMIT NO. 2710-08 - ITALIA WINE IMPORTS A proposal to import and sell beer and wine wholesale within an existing building under a Type 9 and Type 17 Alcoholic Beverage Control License (Beer and Wine Importer and Wholesaler). LOCATION: 1115 W. Collins Avenue NOTE: The proposed project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities) because the project consists of the operation and licensing of an existing private structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 21-08 approving the import and wholesale of beer and wine. Associate Planner, Robert Garcia, presented a project overview consistent with the Staff Report. Chair Steiner opened the discussion for any questions to Staff. Commissioner Whitaker asked in reference to June 2002, the Police Department had reviewed Italia Imports ABC application, was a conditional use permit never applied for? Mr. Garcia stated he had researched the City files and there was no record of an application being submitted. The applicant had gone to the Police Department to start the process; however, there was no file for the applicant. Commissioner Whitaker asked how the present process for the application had been arrived at? Mr. Garcia stated the applicant had gone to the City to obtain information on the process for changing locations and that was when the error was discovered. Chair Steiner stated there could be one of two possibilities created by the absence of the application; 1) that there was no application or 2) the application was lost or misplaced, and was either of these scenarios likely? Mr. Garcia stated had there been an application it would have been in the file. Chair Steiner asked Sergeant Bird to come forward for questions from the Commission. Chair Steiner stated regardless of the prior CUP issue, he asked Sgt. Bird ifhe was aware of any problems with respect to the applicant's business which had been in operation for a number of years in the City? Page 4 of 5 Pages Planning Commission Minutes June 16, 2008 50[5 Sgt. Bird stated there were no calls for service at the applicant's address, and ABC had no disciplinary history. Chair Steiner stated he understood Sgt. Bird had a successor and he asked if he would introduce him to the Commissioners and the public. Sgt. Bird introduced Sergeant Fred Lopez; he would be taking over the helm in the Narcotics and Vice Unit and would represent the Police Department during the Planning Commission meetings. Chair Steiner opened the public hearing and asked the applicant to come forward. Applicant, Nancy Werkheiser, 480 N. Schaeffer, Orange, stated they were excited to be moving to a larger location and she was available for any questions. There were none. Chair Steiner brought the item back to the Commission for discussion. Commissioner Imboden made a motion to adopt PC 21-08, approving Conditional Use Permit No. 2710-08, Italia Wine Imports to allow Alcohol Beverage Control Type 9 and Type 17 licenses, noting the project was categorically exempt from CEQA. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Whitaker Commissioners Imboden, Steiner and Whitaker None None Commissioner Merino MOTION CARRIED (3) ADJOURNMENT Chair Steiner made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, July 7,2008. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Imboden Commissioners Imboden, Steiner and Whitaker None None Commissioner Merino MOTION CARRIED MEETING ADJOURNED @ 7:16 P.M. Page 5 of 5 Pages