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05-15-17 Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Daniel Correa Adrienne Gladson Doug Willits City of Orange Planning Commission Regular Agenda MONDAY, MAY 15, 2017 REGULAR SESSION 7:00 PM  City Council Chambers Staff: Anna C. Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Jennifer Le, Principal Planner Robert Garcia, Senior Planner Monique Schwartz, Assistant Planner Carly Mallon, Recording Secretary Location: 300 E. Chapman Avenue Orange, CA 92866 City Council Chambers 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 on the table at the front door. 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 Time Warner Cable, Channel 3 and AT&T U-Verse, Channel 99 on the 1st and 3rd Mondays. You may also stream the meeting LIVE on the internet by logging onto the City of Orange website at www.cityoforange.org, clicking on Council Online; scroll down to find the meeting date & click on Video to watch. Upcoming event dates will become “In Progress” video links when the meeting begins. Click the link to watch the live event. 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 – May 15, 2017 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 Called 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: None 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 FROM THE REGULARLY SCHEDULED MEETING OF MAY 1, 2017. 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 – May 15, 2017 Page 3 of 5 3. COMMISSION BUSINESS: 3.1 GENERAL PLAN ANNUAL REPORT General Plan Annual Progress Report to the State of California. SUMMARY: 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 Department of Housing and Community Development each year. RECOMMENDED ACTION: Receive and file 2016 General Plan Annual Progress Report for final acceptance by the City Council. 3.2 GENERAL PLAN/CIP CONFORMITY REPORT General Plan conformance finding for FY 2017-2018 through FY 2021-2022 Five Year Capital Improvement Program. SUMMARY: The Capital Improvement Program (CIP) serves as a single comprehensive plan of proposed capital improvement projects for the budget year FY 2017- 2018 and the four years thereafter. In accordance with State law, the City must determine that the CIP is consistent with the General Plan. RECOMMENDED ACTION: Find that the projects identified within the proposed five-year Capital Improvement Program are consistent with the City’s General Plan. 4. CONTINUED HEARING: 4.1 CONDITIONAL USE PERMIT NO. 3009-16 – AMC THEATERS The applicant is requesting an Alcoholic Beverage Control (ABC) Type 47 (On-Sale General - Eating Place) License to have on-site consumption of alcohol for the movie guests at the theater at The Outlets at Orange. LOCATION: 20 CITY BOULEVARD WEST Planning Commission Agenda – May 15, 2017 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 15301 (Class 1 – Existing Facilities) because the project consists of the operation and licensing of an existing private structure. There is no public review required. RECOMMENDED ACTION: Staff recommends that the Planning Commission review the proposal and take the appropriate action. The Planning Commission can take one of the following actions:  Approve with required findings.  Deny with required findings. 5. NEW HEARING: 5.1 CONDITIONAL USE PERMIT NO. 3037-17 – TRUFFLE BISTRO The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer and Wine - Eating Place) License for a new 1,680 square foot dine-in restaurant located within the Tustin/Mayfair Center. LOCATION: 774 N. TUSTIN 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) because the project consists of the operation and licensing of an existing private structure. There is no public review required. RECOMMENDED ACTION: Adopt Planning Commission Resolution 12-17 Approving Conditional Use Permit No. 3037-17 For An Alcoholic Beverage Control Type 41 (On Sale Beer And Wine – Eating Place) License at a new 1,680 square foot restaurant located at 774 N. Tustin Street. 6. ADJOURNMENT: Adjourn to the next regularly scheduled Planning Commission meeting on Monday, June 5, 2017. Planning Commission Agenda – May 15, 2017 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.