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2016 - August 15 Planning Commission August 15, 2016 Minutes Planning Commission August 15, 2016 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Correa, Gladson, Glasgow, and Willits ABSENT: Commissioner Simpson STAFF PRESENT: Leslie Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Marissa Moshier, Associate Planner- Historic Preservation Monique Schwartz, Assistant Planner Sharon Penttila, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Gladson called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: Commissioner Glasgow led the flag salute. 1.3 ROLL CALL: Commissioner Simpson was absent. All other Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: Report was moved to the end of the meeting. 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF July 6, 2016. Motion was made to approve the minutes as written: MOTION: Commissioner Glasgow SECOND: Commissioner Willits AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: Commissioner Simpson MOTION CARRIED. Planning Commission August 15, 2016 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2993-15 — FRIENDS CHURCH ORANGE The applicant proposes to open a church in a historic packing house, currently occupied by a mix of industrial uses and a gym. A CUP is required for the church use and shared parking. LOCATION: 426 W. ALMOND AVENUE, SUITE A NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) because the project includes no expansion of the existing building. RECOMMENDED ACTION: Adopt Planning Commission Resolution 14 -16 allowing Friends Church Orange to have a church and a shared parking agreement. Discussion: Commissioner Willits recused himself due to a conflict of interest with this item because of a business relationship with the seller of the property as well as an ongoing business relationship with the current owner. Commissioner Glasgow verified that the discussion he had with a contractor on the project several months ago, who wanted budget numbers, was not a conflict of interest since he did not receive any income for the discussion. Marissa Moshier, Associate Planner- Historic Preservation, presented a project overview consistent with the staff report. She noted an error on the agenda which stated it was a church with classes but there would be no classes. She provided a thorough explanation of the required parking including the existing parking and the proposed shared parking agreement. The Commission asked staff to verify this use would be strictly for Sunday services; what would be required if in the future the church proposed any special events such as weddings; if there would be any issues with the 8 parking spaces reserved for the property owner; and if there was a concern with the currently unoccupied Suite B in the building. The applicant who spoke on behalf of the project was Nancy Foster. She indicated they would comply with all the requirements and were excited to be in the community. Public Hearing was opened. There were no speakers. Public Hearing was closed. 2 Planning Commission August 15, 2016 The Commission did not see a problem with the request noting it was well structured including the shared parking and they supported the use. Motion was made to adopt Planning Commission Resolution No. 14 -16 approving Conditional Use Permit 2993 -15 allowing a church with a shared parking agreement at 426 W. Almond Avenue, Suite A, noting the item was categorically exempt from CEQA: MOTION: Commissioner Correa SECOND: Commissioner Glasgow AYES: Commissioners Correa, Gladson, Glasgow NOES: None RECUSED: Commissioner Willits ABSENT: Commissioner Simpson MOTION CARRIED. 3 Planning Commission August 15, 2016 3.2 CONDITIONAL USE PERMIT 3011 -16 — COST PLUS WORLD MARKET The applicant proposes to sell beer, wine and distilled spirits for off -site consumption and add instructional tasting of alcoholic beverages within an existing 20,509 SF specialty retail store located at an existing shopping center. Conditional Use Permit (CUP) 3011 -16 will replace existing CUP 2456 -03 which permitted the sale of beer and wine under an alcoholic beverage Type 20 (Off -Sale Beer and Wine) License. LOCATION: 1500 E. VILLAGE WAY #2282 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 retail store. RECOMMENDED ACTION: Adopt Planning Commission Resolution 12 -16 allowing an existing 20,509 SF specialty retail store to sell beer, wine and distilled spirits under a Type 21 (Off -Sale General) and conduct instructional tastings under a Type 86 (Instructional Tasting) Alcoholic Beverage Control License accepting the voluntary surrender of CUP 2456 -03 and making a Finding of Public Convenience or Necessity Discussion: Monique Schwartz, Assistant Planner, presented a project overview consistent with the staff report. She noted changes to the staff report and the Planning Commission Resolution No. PC 12 -16. The Commission was given a memo dated August 15, 2016 listing the following modifications: Staff Report Project Description on Page 3 to read: The applicant proposes to surrender CUP No. 2456 -03 and replace it with CUP No. 3011 -16, which will allow the sale of beer, wine and distilled spirits under a Type 21 (Off -Sale Beer and Wine General) License, and instructional tasting under a Type 86 (Instructional Tasting) License. PC Resolution No. PC 12 -16 Condition No. 12 to read: The hours of operation shall be Monday - Friday 10:00 a.m. until 9:00 p.m., Saturday 9:00 a.m. until 9:00 p.m. and Sundays 10:00 a.m. - 7:00 p.m. Holiday hours will be 7:00 a.m. to 11:00 p.m. Instructional tastings use may only take place between the hours of 10:00 a.m. and 7:00 p.m. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after close for clean -up. Clean-up may not be conducted by patrons. PC Resolution No. PC 12 -16 Condition No. 23 to read: There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of a specific brand of alcohol or alcoholic beverages. A weekly advertisement posted in a window or display case which may or may not depict alcohol or alcoholic beverages does not constitute a violation of this condition. Inter disp ay of 4 Planning Commission August 15, 2016 condition. The Commission asked staff if there had been any objections to the request by the surrounding churches and residents; asked why the last sentence was struck from Condition 23; preferred the tasting events begin at 11:00 a.m. instead of 10:00 a.m.; wanted it defined that the tasting events would take place in a specific area in the store and that it would be far away from the entrance; and confirmed that the tasting area would be roped off. Detective Chris Moten, from the Orange Police Department, stated they were not opposed to the roped off area and that the customers would not be allowed to take the alcohol outside that area, and the Type 86 license restricted the serving amounts. He was not aware of any police reports or call for service for this business. The applicants who spoke on behalf of the project were David Weissglass and Aaron Cortines. Mr. Weissglass thanked the staff for the thorough staff report and their assistance throughout the process. He said only 10% of the floor area would be used for the event and the tasting would occur only 2 -3 times a month. The Commission asked if the applicant would be willing to start the tasting at 11:00 a.m. or noon instead of 10:00 a.m. Mr. Cortinas indicated they would be willing to move the tasting hour to 11:00 a.m. Public Hearing was opened. There were no speakers. Public Hearing was closed. The Commission voiced concern with the trash enclosure on the back side of the business. Mr. Sheatz said this would be something the property owner would have to address. Motion was made to adopt Planning Commission Resolution No. 12 -16 approving Conditional Use Permit No. 3011 -16 to allow an existing 20,509 square foot specialty retail store to sell beer, wine, and distilled spirits under a Type 21 (Off -Sale General) and conduct instructional tastings under a Type 86 (Instructional Tasting) Alcoholic Beverage Control License, accepting the voluntary surrender of Conditional Use Permit No. 2456 -03, and making a finding of Public Convenience or Necessity, located at 1500 E. Village Way, Suite 2282, noting the item was categorically exempt from CEQA with the following conditions: 1. Instructional tasting, listed in PC Resolution No. 12 -16 Condition 12, shall take place at 11:00 a.m. instead of 10:00 a.m. 2. Acceptance of the correction to the project description in the staff report and the modifications made to Conditions No. 12 and No. 23 in PC Resolution No. 12 -16. 5 Planning Commission August 15, 2016 MOTION: Commissioner Glasgow SECOND: Commissioner Willits AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: Commissioner Simpson MOTION CARRIED. PLANNING MANAGER REPORT: Ms. Roseberry announced she would be leaving the City of Orange on September 8th to take the position of Community Development Director at the City of Laguna Niguel. 4. ADJOURNMENT: The meeting was adjourned to the next regularly scheduled Planning Commission meeting on Wednesday, September 7, 2016. MOTION: Commissioner Willits SECOND: Commissioner Glasgow AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: Commissioner Simpson MOTION CARRIED. Meeting adjourned at 7:52 p.m. 6