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_04022018-332Planning Commission April 2, 2018 1 Final Minutes Planning Commission April 2, 2018 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Correa, Glasgow, Gladson and Simpson ABSENT: Willits STAFF PRESENT: Gary Sheatz, Senior Assistant City Attorney Chad Ortlieb, Senior Planner Vidal Marquez, Assistant Planner Simonne Fannin, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: Commissioner Gladson led the flag salute. 1.3 ROLL CALL: Commissioner Willits absent 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: None 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF MARCH 5, 2018. Motion was made to approve the minutes as written: MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow NOES: None ABSENT: Commissioner Willits ABSTAIN: Simpson Item 2.2 Removed from Consent Calendar to be heard separately MOTION CARRIED. Planning Commission April 2, 2018 2 2.2 ADOPT A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 3053-17 TO MODIFY CERTAIN EXISTING CONDITIONS OF APPROVAL ASSOCIATED WITH CONDITIONAL USE PERMIT (CUP) NO. 2929-14 RELATED TO AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47 LICENSE (ON-SALE GENERAL FOR A BONA FIDE EATING PLACE) Commissioner Gladson stated she wanted to confirm that all the Commissioners were an agreement with the revisions that staff made on Conditions 21, 22, 26 and 27. All Commissioners stated yes; Commissioner Correa stated he objects to the Type 47 license, but is in agreement with allowing entertainment and asked how he should vote on it. Gary Sheatz, Senior Assistant City Attorney stated the vote is not by line item; therefore the vote must be a yes or no. A motion was made to adopt a Resolution of the Planning Commission approving Conditional Use Permit No. 3053-17 to modify certain existing conditions of approval associated with Conditional Use Permit (CUP) no. 2929-14 related to an Alcoholic Beverage Control (ABC) Type 47 license (on-sale general for a bona fide eating place). MOTION: Commissioner Gladson SECOND: Commissioner Simpson AYES: Commissioners Gladson, Glasgow and Simpson NOES: Correa ABSENT: Willits ABSTAIN: None MOTION CARRIED. Commissioner Simpson stated that although he was out of town for the meeting, he reviewed the proceeding, read the staff report and all of the resolutions. Planning Commission April 2, 2018 3 3. NEW HEARING: 3.1 Conditional Use Permit No. 3021-16, Variance No. 2247-17, Design Review No. 4903-17, and Minor Site Plan Review No. 0853-16 – McDonald’s The applicant is requesting to remodel the interior and exterior of an existing McDonald’s restaurant, construct a 2,210 SF addition, and reconfigure the drive-thru lane with associated site improvements, including landscaping. The proposal includes a Variance request to deviate from Code requirements for the reduction of required parking, tree count, driveway entry length and drive-thru aisle width. On February 21, 2018, the Design Review Committee (DRC) reviewed the proposed project and voted 2 in favor of approval and 2 against for denial. Due to the deadlock vote, the Planning Commission was presented with two resolutions to choose from, one to approve the project but deny the Design Review and the other to approve the project, including the Design Review. LOCATION: 2401 North Tustin Street NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15302 (Replacement or Reconstruction) because the project consists of a 2,210 SF addition and reconstruction to an existing drive-thru restaurant located on the same site and will have substantially the same purpose and capacity as the original building. There is no environmental public review required for a Categorical Exemption. RECOMMENDED ACTION: 1) Adopt Planning Commission Resolution No. 08-18, a resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3021-16, Variance No. 2247-17, Design Review No. 4903-17 and Minor Site Plan Review No. 0853-16 permitting the construction of a 2,210 sf addition to an existing drive-thru restaurant, exterior remodel and related site improvements for Mc Donald’s in the limited business-Tustin redevelopment project area (C-TR) zone located at 2401 North Tustin Street OR 2) Adopt Planning Commission Resolution No. 08-18, a resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3021-16, Variance No. 2247-17 and Minor Site Plan Review No. 0853-16 and denying Design Review No. 4903-17 permitting the construction of a 2,210 sf addition to an existing drive-thru restaurant, exterior remodel and related site improvements for McDonald’s in the limited business-Tustin redevelopment project area (C-TR) zone located at 2401 North Tustin Street Planning Commission April 2, 2018 4 Vidal Marquez, Assistant Planner provided an overview of the project consistent with the staff report. He provided a brief explanation of the easements and the four variances that are being requested. The first variance is for the number of parking spaces; 66 spaces are required and 41 are being provided. A parking study concluded that the average daily parking demand required 20 to 30 spaces and 30 at peak hours. A second variance is for the tree count; the project requires 42 new trees; however, the applicant is asking to reduce it to 23 trees. A third variance request is for the 2-way drive aisle entry less than 30 feet in length; the applicant proposes the entry length at 18' 8". The fourth variance request is for a drive through aisle less than 12 feet in width; the applicant is proposing a 10 foot drive-through aisle. Mr. Marquez stated staff received a call from the owners of Big 5 expressing concerns about modification to or removal of the shared access easement. Staff informed them that the easements will remain in place and will not be modified, with the exception of removing the drive-through striping and signage on that driveway entrance. Representatives from the property at 2393 N. Tustin also contacted staff with a list of concerns regarding property damage to their building, trespassing and lighting issues pertaining to their site. The applicant has contacted the representatives and has provided some concessions. Mr. Marquez added that the Design Review Committee reviewed the project on three separate occasions and had comments and concerns regarding the tree count, the proposed building design and colors and questioned the safety of the bypass return. The Committee voted two in favor of approval and two for denial. Staff is supportive of the project and has provided to two options for action. One option is to adopt the resolution of approval for all land-use applications including design review. Option Two is to adopt a resolution approving all land-use applications except design review, which would be denied. Recommended conditions of approval and findings are provided for both options. Commissioners Gladson, Simpson and Glasgow stated for the record that they met with the applicant. Commissioner Correa stated he met with staff only. Commissioner Correa confirmed that the applicant is actually parked at 25 spaces less than the required 66 and Mr. Marquez stated that was correct. Commissioner Correa stated he was concerned about the third driveway and asked Doug Keys, Transportation Analyst for the City, to provide more information. Mr. Keys stated if the drive-through is moved to the second driveway, it will improve the existing situation by creating a greater queuing area for any stacking that would occur on Tustin Street. The pass through lane will allow all of the McDonald's traffic to remain on the property. Planning Commission April 2, 2018 5 He stated they reviewed the accident history for the last five years which revealed there were five reported accidents that could possibly be related to the driveways in that it happened in that area. Of the five, there were three rear-end accidents, one DUI and one with a delivery truck going into Big 5. In response to Commissioner Gladson's question regarding the reduced parking, Mr. Keys stated the trend with fast food drive-through restaurants has been to eliminate the outdoor play and outdoor dining area thus reducing the need for parking demand. Restaurants are accommodating more of the drive-through business with multiple order boards and extra- long driveways. He explained that the applicant will have a plan in place should the queuing back up. Chair Glasgow invited the applicant to approach. Carlos Madrigal, representative for McDonald's, stated they will be able to monitor the queuing area with cameras. This location will have a dual order point and they will use hand held order takers to take orders to move cars along if it becomes too busy. He added that the bypass lane can also be used for stacking cars or parking if it gets too busy. Commissioner Correa stated if possible, he would like to see more indoor seating. Commissioner Gladson stated because McDonald's peak time is breakfast, it shouldn't be as much of a challenge for the neighbors and asked how he plans to mitigate some of their concerns. She also asked if he researched abandonment of the easements. Mr. Madrigal stated they will be adding bollards, no trespassing signs and photometric lighting. As for the easements, they were not able to obtain the easements because nobody knows who can vacate them. Commissioner Simpson asked Mr. Madrigal if they would be willing to include conditions of approval in order to mitigate the neighbors' concerns and Mr. Madrigal said yes. Chair Glasgow opened the public comment portion of the meeting. Carl Brown, representative for the owner of the building of Big 5, stated that under normal circumstances, McDonald's is under parked. Now, they are increasing the square footage of the restaurant and are asking for a variance to reduce their parking. Big 5 is already under parked at a ratio of 2 to 1 and they are worried about overflow customer parking. He is concerned that Big 5 will relocate and it will be difficult to obtain another tenant due to the lack of parking. Paul Weinburg, is one of the owners of the 2393 N. Tustin property. He hopes his three concerns that he mentioned in his letter to the Planning Commission are included in the conditions for approval. He stated he has tried to communicate with the franchisee but they have not responded; they have been a long-term ongoing problem. Planning Commission April 2, 2018 6 Mr. Madrigal approached and stated the parking studies that were conducted on June 17, 18th and September 21 reveal that at peak demand, which is typically on Saturday morning, showed 30 parking stalls were in use, therefore he doesn't think there will be a parking problem. Also, the removal of the outdoor patio seating and play area will reduce the amount of parking demand. Commissioner Gladson stated she is concerned about customers using the Big 5 parking lot and asked how it can be controlled. Mr. Madrigal stated they can post no parking and towing signs on adjacent properties in English and Spanish; however it works both ways, Big 5 customers also park in the McDonald's lot. Chair Glasgow closed the public comment portion of the meeting. Commissioner Gladson stated she is in support of the variances due to the easements. She feels the parking will be sufficient and she is more concerned about keeping the drive- through moving and not queuing into the street. Commissioner Correa stated Mr. Keys put a lot of his concerns to rest and feels the internal circulation will work. He recommended that McDonald's work with the neighbors on parking issues. Commissioner Simpson stated he agreed with his co-Commissioners and is supportive of the project. He feels the parking constraints that the applicant has to deal with provides the findings needed for the variance. Chair Glasgow stated additional conditions should be added to include the bollards and lighting. Chad Ortlieb read the additional conditions into the record: "Plans submitted for building plan check shall show that bollards shall be placed at the southern border of the parking stalls on the southern boundary." "Prior to final inspection, parking lot lighting shall be demonstrated to match the photometric plan plus or minus 0.2 foot candles in the approved plan set." Commissioner Gladson asked if they should include a condition on no parking signage. Commissioner Correa asked if they are allowed to place no parking for McDonald's signs in the Big 5 lot. He also feels an added condition would be a source of comfort for the two adjacent property owners. Gary Sheatz, Senior Assistant City Attorney stated all conditions must be related to the subject property. Planning Commission April 2, 2018 7 Chad Ortlieb stated they could add the following to condition number 15: "… final landscaping, irrigation, and sign plans submitted for staff review that also include signage facing the Big 5 property notifying persons that McDonald's patrons are not to be parking on that site and, the conceptual landscaping plan ..." A motion was made to Adopt Planning Commission Resolution No. 08-18, a resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3021-16, Variance No. 2247-17, Design Review No. 4903-17 and Minor Site Plan Review No. 0853-16 permitting the construction of a 2,210 sf addition to an existing drive-thru restaurant, exterior remodel and related site improvements for Mc Donald’s in the limited business -Tustin redevelopment project area (C-TR) zone located at 2401 North Tustin Street with the modification to condition 15 and the addition of bollard s. Project is exempt from CEQA. MOTION: Commissioner Simpson SECOND: Commissioner Gladson AYES: Commissioners Correa, Gladson, Glasgow and Simpson NOES: None ABSENT: Commissioner Willits ABSTAIN: None MOTION CARRIED. Planning Commission April 2, 2018 8 4. ADJOURNMENT: A motion was made to adjourn at 8:25 p.m. The next regular meeting is scheduled on Monday, April 16, 2018, at 7:00 p.m. MOTION: Commissioner Glasgow SECOND: Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow and Simpson NOES: None ABSENT: Commissioner Willits MOTION CARRIED. Meeting adjourned at 8:25 p.m.