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_12172018-381Planning Commission December 17, 2018 1 FINAL Minutes Planning Commission December 17, 2018 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Glasgow, Willits, Simpson STAFF PRESENT: Gary Sheatz, Senior Assistant City Attorney Anna Pehoushek, Assistant Community Development Director Vidal Marquez, Assistant Planner Marissa Moshier, Historic Preservation 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: Vice Chair Simpson led the flag salute. 1.3 ROLL CALL: Commissioners Glasgow, Willits and Simpson were present; 2 vacant seats 1.4 PUBLIC PARTICIPATION: Rachel Neeley approached and spoke in support of appointing Betty Valencia to the vacant City Council seat. Appointing Betty Valencia is the right thing to do because she had the next highest number of votes and it would not be in the best interest of the City to conduct a special election. Lindsay Walsh echoed the sentiments of the prior speaker and thanked the Commission for allowing two new businesses in the City. She added when there is political strife within the City Council, it creates issues for the businesses and she wants to have a safe community for her employees and others. 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: Anna Pehoushek, Assistant Community Development Director advised the Commission that there would be no items to bring forward to the Planning Commission in January; the next meeting will be held on February 4, 2019. 1.7 ANNOUNCEMENT OF THE APPEAL PROCEDURES: 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF DECEMBER 3, 2018. Vice Chair Simpson clarified one of his comments regarding the LED sign policy where he stated Planning Commission December 17, 2018 2 that he hopes that the City is getting the best deal possible; his intention was to mean that he feels the City is doing its best when working out details with the Billboard company. A motion was made to approve the December 3, 2018 minutes as clarified: MOTION: Commissioner Glasgow SECOND: Commissioner Simpson AYES: Commissioners Glasgow, Willits and Simpson NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED. 3. NEW HEARING: 3.1 The applicant is requesting an Alcoholic Beverage Control (ABC) License Type 23 (Small Beer Manufacturer) to operate a brewery with an ancillary tasting room within an existing industrial building located at 1501 W. Orangewood Avenue. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 33-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3070-18 AUTHORIZING AN ALCOHOLIC BEVERAGE CONTROL LICENSE (TYPE 23– SMALL BEER MANUFACTURER) TO OPERATE A BREWERY WITH AN ANCILLARY TASTING ROOM WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 1501 W. ORANGEWOOD AVENUE. ENVIRONMENTAL REVIEW: Categorical Exemption: 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) since the project consists of licensing for the sale and production of alcoholic beverages in an existing industrial building and results in negligible or no expansion of the industrial use beyond that existing at the time of the City’s determination. Vidal Marquez, Assistant Planner provided an overview of the ABC license request consistent with the staff report. Commissioner Simpson explained he had a discussion with staff regarding the food trucks and limitation of on-site sales to no more than 60% and received a satisfactory response; therefore, he will support the request. Planning Commission December 17, 2018 3 Chair Glasgow asked if customers would be served on the patio and what quantities will be served. It appears to be more of an established place to serve alcohol than a manufacturer with the tasting room, and he wants to make sure the Police Department is on board with it. Mr. Marquez stated the patio would be screened off and used for on-site service. Condition 21 outlines how many glasses and ounces of alcohol content can be served. The service will occur in the tasting room and the outdoor area will be an amenity to sit outside. Commissioner Willits asked if a six-pack is purchased inside, can customers go to the patio and consume the beverage, and if not how will consumption on the patio controlled. Mr. Marquez responded off-site sale of packaged items cannot be consumed on-site. Robert Fitzgerald, applicant approached and provided a history, manufacturing and business model of the establishment. Mr. Fitzgerald stated the conditional use permit regulates the size and volume, which can only be consumed in their glassware; therefore, it is very easy to see if someone is drinking from the off-site sales packaging. The staff can see clearly across the patio from every corner and will be able to monitor the patio. Commissioner Simpson asked Mr. Fitzgerald to describe some of the special events he may have. Mr. Fitzgerald stated there might be occasional corporate, holiday, anniversary or small weddings; they are very limited to the capacity and it will not be part of the core business. Chair Glasgow asked where the off-site sales come from and clarification on the hours of operation. Mr. Fitzgerald stated many customers like to go directly to the source to get a fresher product; they have many repeat customers and local residents who walk there. They are trying to match their hours of operation with the other local breweries; their hours will be 11 AM to 10 PM. Investigator John Jensen of the Orange Police Department approached and stated that the police support the license, as there are several teams from the Police Department who consistently patrol the local parks. The Police Department is comfortable with the request because the applicant has been compliant and perceptive to the surroundings. Chair Glasgow opened the public hearing; seeing no speakers, he closed the public hearing. Commissioner Simpson stated he originally had a concern about the park; however, he feels comfortable with the Police Department's review and explanation. He has driven by the establishment and has not noticed any parking issues and he will support the request. Commissioner Willits agreed with Commissioner Simpson and stated it is nice to have new business in the City. Motion was made to approve a Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3070-18 authorizing an Alcoholic Beverage Control License (type 23– small beer manufacturer) to operate a brewery with an ancillary tasting Planning Commission December 17, 2018 4 room within an existing industrial building located at 1501 W. Orangewood Avenue and CEQA exempt: MOTION: Commissioner Simpson SECOND: Commissioner Glasgow AYES: Commissioners Glasgow, Willits, and Simpson NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED. 3.2 The applicant proposes to open a childcare center/preschool in the ground floor of the education building at the First United Methodist Church of Orange campus at 161 S. Orange Street. The childcare center will operate Monday through Friday, 6:00 a.m. to 6:00 p.m. and will have an enrollment of no more than 60 children of preschool age, typically two through six years old. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 34-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 3078-18 PERMITTING OPERATION OF A CHILDCARE CENTER AT FIRST UNITED METHODIST CHURCH OF ORANGE AT 161 S. ORANGE STREET. ENVIRONMENTAL REVIEW: Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 – Conversion of Small Structures) because the project consists of conversion of a portion of an existing building to a childcare center. The project involves minor interior alterations to the building and does not change the primary uses on the church campus. There is no environmental public review required for a Categorical Exemption. Marissa Moshier, Historic Preservation Planner provided an overview of the request for a childcare center consistent with the staff report. Commissioner Simpson expressed his concerns about the possibility of double parking on the street especially in the afternoon hours. Ms. Moshier responded that City and church staff feels that the morning will be the busiest when parents are trying to drop off their children quickly. Afternoon pickup will be more leisurely and staggered. Commissioner Willits asked if the previous daycare center had any issues that have to be addressed. Planning Commission December 17, 2018 5 Ms. Mosher stated the prior center had a drop off that was more informal and happened in the Grand Street parking lot where staff would go to meet parents who would drive into the parking lot and drop off their children. That caused many concerns for City staff; therefore, they specifically included a condition that only allows children to be dropped off on the Orange Street side of the property. There will be no on-street pickup service in the afternoon; parents will have to find a parking space to pick up their child. Chair Glasgow opened the public hearing. Jackie Hanson, 423 East Maple approached and explain the parking issues that they have had in the past and the solution they have come up with. Staff and volunteers will be there to greet the parents. Chair Glasgow closed the public hearing. Commissioner Simpson stated he feels the program has been well put together and the community has a real need for childcare. There is a condition requiring that the drop off circulation be reviewed in one year; he made a recommendation to have the afternoon pickup circulation reviewed as well. Anna Pehoushek responded that staff could modify the condition to include his request. Commissioner Willits agreed with Commissioner Simpson and supported the request. A motion was made to approve a Resolution of the Planning Commission approving Conditional Use Permit No. 3078-18 permitting operation of a childcare center at First United Methodist Church of Orange at 161 S. Orange Street, CEQA exempt, with the modification as stated by Commissioner Simpson: MOTION: Commissioner Willits SECOND: Commissioner Simpson AYES: Commissioners Glasgow, Willits and Simpson NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED. 4. ADJOURNMENT: The next regular Planning Commission Meeting will be held on February 4, 2019 at 7:00 p.m. in the Council Chambers A motion was made to adjourn at 7:55 p.m. The next regular meeting is scheduled on Monday, February 4, 2018, at 7:00 p.m. MOTION: Commissioner Glasgow SECOND: Commissioner Simpson AYES: Commissioners Glasgow, Simpson and Willits Planning Commission December 17, 2018 6 NOES: None ABSENT: None MOTION CARRIED.