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_07172017-268Planning Commission July 17, 2017 1 Final Minutes Planning Commission July 17, 2017 City of Orange Monday 7:00 p.m. PRESENT:Commissioners Correa, Gladson, Glasgow, Simpson and Willits ABSENT:None STAFF PRESENT:Anna C. Pehoushek, Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Kelly Ribuffo, Associate Planner Vidal Marquez, Assistant Planner Anne Fox, Contract Planner Carly Mallon, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:02 p.m. 1.2 FLAG SALUTE: Commissioner Glasgow led the flag salute. 1.3 ROLL CALL: All Commissioners were present 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: None 2.CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF JUNE 19, 2017. Motion was made to approve the minutes approved as written: MOTION:Commissioner Gladson SECOND:Commissioner Willits AYES:Commissioners Gladson, Glasgow and Willits NOES:None ABSTAIN:Commissioner Correa and Simpson MOTION CARRIED. Planning Commission July 17, 2017 2 2.2 ADOPT A PLANNING COMMISSION RESOLUTION NO. 16-17 APPROVING CONDITIONAL USE PERMIT NO. 3038-17, ADMINISTRATIVE DESIGN REVIEW NO. 0067-17 AND MINOR SITE PLAN REVIEW NO. 0877-16 PERMITTING TWO MODULAR BUILDINGS AND ALLOWING ADMINISTRATIVE OFFICE IN EXCESS OF 25% OF THE TOTAL GROSS FLOOR AREA IN THE INDUSTRIAL MANUFACTURING (M-2) ZONE LOCATED AT 749 N. POPLAR STREET Motion was made to adopt Planning Commission Resolution No. 16-17 approving Conditional Use Permit No. 3038-17 permitting two modular buildings and allowing administrative office in excess of 25% of the total gross floor area in the Industrial Manufacturing (M-2) zone located at 749 N. Poplar Street: MOTION:Commissioner Gladson SECOND:Commissioner Glasgow AYES:Commissioners Gladson, Glasgow, Willits NOES:None ABSTAIN:Commissioner Correa and Simpson MOTION CARRIED. Planning Commission July 17, 2017 3 2.3 ADOPT PLANNING COMMISSION RESOLUTION NO. 17-17 ADOPTING MITIGATED NEGATIVE DECLARATION NO.1856-17 AND APPROVING MAJOR SITE PLAN REVIEW NO. 0866-16, DESIGN REVIEW NO. 4864-16, TENTATIVE PARCEL MAP NO. 0012-16 AND ADMINISTRATIVE ADJUSTMENT NO. 0254-17 ALLOWING THE CONSTRUCTION OF A HORIZONTAL MIXED USE DEVELOPMENT AT 999 TOWN AND COUNTRY ROAD Motion was made to remove Planning Commission Resolution No. 17-18 from Consent Calendar to be heard separately following agenda item 3.1: MOTION:Commissioner Gladson SECOND:Commissioner Glasgow AYES:Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:None ABSTAIN: None There was no public hearing required. Discussion: Anne Fox, Contract Planner, presented a project overview consistent with the staff report. The Commission asked staff to review proposed project amenities in relation to Code requirements and wanted to ensure that if any amenity was removed, it would be replaced. The Commission also requested confirmation that there would be reciprocity between the parking structures for the residential and commercial buildings, and particularly that the office structure could be used by residents during non- business hours. The Commission wanted to note that the staff report referenced a traffic study was five years old and suggested conducting another study to see how the traffic plays out after the project is built. Motion was made to Adopt Planning Commission Resolution PC 17-17 Adopting Mitigated Negative Declaration No. 1856-17 and Approving Major Site Plan Review No. 0866-16 allowing the construction of a horizontal mixed use development located at 999 Town and Country Road: MOTION:Commissioner Correa SECOND:Commissioner Simpson AYES:Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:None ABSTAIN: None MOTION CARRIED. Planning Commission July 17, 2017 4 3.NEW HEARING 3.1 CONDITIONAL USE PERMIT NO. 3043-17 ALBERTSON’S A request for a Conditional Use Permit (CUP) to establish a Type 86 Alcoholic Beverage Control License to allow instructional tasting of alcohol in addition to an existing Type 21 License for off-site sale of alcohol at an existing Albertson’s grocery store. LOCATION:8440 E. CHAPMAN AVENUE 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 involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. There is no public review required. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 14-17 Approving Conditional Use Permit No. 3043-17, a request for an Alcoholic Beverage Control Type 86 License (instructional tasting) located at 8440 E. Chapman Avenue. Discussion: Kelly Ribuffo, Associate Planner, presented a project overview consistent with the staff report. The Commission had no questions to ask staff. Public Hearing was opened. There were no public speakers. Public Hearing was closed. The Commission stated that after speaking with the Police Department about the project, they were able to support. The Commission also reviewed previous comparable conditions that were approved and believed this was consistent with others approved. Motion was made to Adopt Planning Commission Resolution PC 14-17 Approving Conditional Use Permit No. 3043-17, a request for an Alcoholic Beverage Control Type 86 License (instructional tasting) located at 8440 E. Chapman Avenue: MOTION:Commissioner Willits SECOND:Commissioner Simpson AYES: Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:None ABSENT:None MOTION CARRIED Planning Commission July 17, 2017 5 3.2 CONDITIONAL USE PERMIT NO. 3035-16, MAJOR SITE PLAN REVIEW NO. 0890- 16, DESIGN REVIEW NO. 4894-16 AND TEMPORARY USE PERMIT NO. 0207-16 – UNIT MIDDLE COLLEGE HIGH SCHOOL A request for a Conditional Use Permit (CUP) to establish a new charter high school at an existing church site in the Office Professional (OP) zoning district. The application also includes a request for a CUP for shared parking facilities and a Temporary Use Permit (TUP) for the use of short-term modular classroom buildings. LOCATION: 1310 E. Lincoln Avenue NOTE:The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15332 (Class 32 – In-fill Development Projects) because the project meets the following criteria: a. The project is consistent with the existing General Plan designations, General Plan policies and, applicable zoning designations and regulations in that the intended townhouse use is a listed permitted use consistent with the intent of the land use designation. b. The project is in the City on a site less than five acres and is substantially surrounded by urban uses. c. The project site has no value as habitat for endangered, rare or threatened species in that the site is void of any vegetation or landforms. d. The project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified in that: A traffic analysis (on file) was performed and showed no impact. Noise levels will fall below mandated levels for residents and surrounding properties. Air quality guidance thresholds of the South Coast Air Quality Management District would not be tripped, and A Preliminary Non-Priority Water Quality Management Plan has been approved. e. The site would be adequately served by all required utilities and public services in that all services exist to serve the site. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 19-17 approving Conditional Use Permit No. 3035-16, Major Site Plan Review No. 0890-16, Design Review No. 4894-16, and Temporary Use Permit No. 0207-16 to establish a 200 student charter high school with shared parking facilities at 1310 E. Lincoln Avenue Discussion: Kelly Ribuffo, Associate Planner, presented a project overview consistent with the staff report. Planning Commission July 17, 2017 6 The Commission questioned staff about the following: The current parking arrangements in the shared parking lot. How the pickup and drop-off of students would function, and specifically how the applicant would ensure the drivers and students did not use any other drop-off route to get to and from school. How many parking spaces would be available to both the commercial building and the school. If there were any barriers between the church and office parking. Parking lot cut-thorough to the western driveway on Lincoln. Monitoring of parking lot traffic by school staff. If there were any similar types of use that were comparable to the proposed enrollment number. The terms of terminating the parking agreement between the church and commercial building, General traffic circulation in the area. The type of fencing around school. The amount of site disturbance caused by school improvements. Doug Keys, Transportation Analyst for the City, gave an overview of the prospective traffic impact in the immediate area of the proposed site. He noted that in the conditions of approval, all pickup and drop-off of students must be on site, all access to the site would come from Canal Street, and there would be parking monitors in place. Mr. Keys also gave a report reviewing average speeds and traffic accidents in the immediate area. The Commission asked Mr. Keys if the turn signal on Lincoln allowed for enough time for the cue to turn onto Canal Street during the peak morning hours. The Commission also wanted to know what the cueing was on site and if the egress onto Lincoln was a right turn only. The Commission asked the applicant if they planned to allow left turns into the parking lot from Canal and how the applicant would prevent traffic backing up on Canal to make the left turn. Erin Craig, the applicant, and Phil Schwartze, Planning Consultant, spoke on behalf of the project. Craig discussed the concept behind what Unity Middle College was and Schwartze provided a parking circulation pattern report. The Commission had the following questions and comments in response to the applicants’ presentation: It would be difficult to control or mitigate where the parents choose to drop off and pick up their children. The proposed site modifications would only leave 60 parking spots for the school and the code noted that the school should have 65 spots. How many students would be taking courses at Santiago Canyon College and if they would be transported via school vans. Noted that the community outreach of the applicant seemed to be more related to the academic program versus the project. Planning Commission July 17, 2017 7 Public Hearing was opened. Speakers in opposition: Dr. Allan Sheridian Flo Sheridian Dave Salsbury Kim Salsbury Mike Lynaugh Marc Nishino Denis Bilodeau Jan Myers Curtis Larsen Derek Ngyuyen Addresses on file. Speakers voiced concerns about: The high volume of traffic which existed currently on Canal Street Concern for the prospective outcome of adding an even higher volume of cars. Problems backing out of driveways. Backed up traffic from the light at the nearby intersection of Canal Street and Lincoln. Possible noise impacts. Students loitering in the neighborhood. The employees in the office building would have a much more difficult time getting to work since they would have to access the parking lot with the rest of the school traffic. There was disagreement about the amount of community outreach the applicant had said she had conducted. Many of the residents stated they had not heard about the proposed project until getting notification from staff about the public hearing. There was agreement that while the concept of the project was commendable, the location was not supported. Speakers in support: Rich Mathisford Daryl Teller Natalie Reider Haley Talbert Miles Dufey Itzi Burns Addresses on file. Planning Commission July 17, 2017 8 Speakers made the following comments: Dr. Craig was to be commended for her community outreach and efforts to create a successful program. Due to the small class size, Dr. Craig was able to have a relationship with every parent and therefore would be able to communicate with them about directing traffic in the mornings. Dr. Craig had a proven track record of successful charter schools and the project would be a positive asset to the students and community. Public Hearing was closed. The Committee commented that while they supported the concept of the charter school, they were concerned with the traffic and safety of residents and students in the area. There was concern expressed by the Committee due to the fact that the Design Review Committee did not approve the project. The Committee also mentioned that they felt the project seemed rushed and would have preferred to be able to have the concerns of the community addressed beforehand. The commission requested that staff prepare a Resolution of Denial. Motion was made to deny Planning Commission Resolution No. 19-17 approving Conditional Use Permit No. 3035-16, Major Site Plan Review No. 0890-16, Design Review No. 4894-16, and Temporary Use Permit No. 0207-16 to establish a 200 student charter high school with shared parking facilities at 1310 E. Lincoln Avenue MOTION:Commissioner Gladson SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:None ABSENT:None MOTION CARRIED. Planning Commission July 17, 2017 9 4.ADJOURNMENT: The meeting was adjourned to the next regularly scheduled meeting on Monday, August 7, 2017. MOTION:Commissioner Gladson SECOND:Commissioner Simpson AYES: Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:None ABSENT:None MOTION CARRIED. Meeting adjourned at 10:26 p.m.