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09-16-19 PC Agenda Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Rick Martinez David Vazquez Doug Willits City of Orange Planning Commission Monday, September 16th, 2019 REGULAR SESSION 7:00 PM  Council Chambers Staff: Anna Pehoushek, Assistant Community Development Director Mary Binning Sr. Asst. City Attorney Marissa Moshier Historic Planner Monique Schwartz Associate Planner Jessica Wang Administrative Specialist Simonne Fannin Recording Secretary Location: Council Chambers 300 E. Chapman Avenue Orange, CA 92866 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 – September 16, 2019 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 Call 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: 1.6 Assistant Community Development Director Reports 1.7 Announcement of Appeal Procedures (details found on last page of this agenda) 2. CONSENT CALENDAR: Approve minutes from the August 19th Planning Commission meeting. 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 – September 16, 2019 Page 3 of 5 3. NEW HEARING: 3.1 Conditional Use Permit No. 3092-19 and MNSP No. 099-18. Verizon, 1130 E. Walnut Ave. The applicant proposes to construct a wireless communication facility on the bell tower at a church at 1130 E. Walnut Avenue. The project includes a 5 foot 8 inch increase in the height of the bell tower to screen the facility. NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 – New Construction or Conversion of Small Structures) because the project consists of the installation of a new wireless communication facility within an existing bell tower with a minor increase in the tower’s height to accommodate appropriate screening of the facility. There is no public review required for a Categorical Exemption. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 17-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3092-19 AND MINOR SITE PLAN NO. 0953-18 FOR INSTALLATION OF A WIRELESS COMMUNICATION FACILITY ON A CHURCH BELL TOWER INCLUDING A 5 FOOT 8 INCH INCREASE IN THE HEIGHT OF THE TOWER TO PROVIDE SCREENING, ON PROPERTY LOCATED AT 1130 E. WALNUT AVENUE Planning Commission Agenda – September 16, 2019 Page 4 of 5 3.2 Conditional Use Permit No. 3094-19. Burger IM, 763 S. Main St., Unit 200A. The applicant is requesting to upgrade an existing Alcoholic Beverage Control (ABC) Type 41 (On Sale Beer and Wine – Eating Place) License to a Type 47 (On Sale General – Eating Place) License for an existing 3,184 square foot dine-in restaurant located within an existing retail shopping center. 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 that involves a negligible or no expansion of the use beyond what currently exists. There is no environmental public review required for a categorical exemption RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 16-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3094-19 FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS UNDER AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47 (ON SALE GENERAL – EATING PLACE) LICENSE, ACCEPTING THE VOLUNTARY SURRENDER OF CONDITIONAL USE PERMIT NO. 2300-99, AND MAKING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR AN EXISTING 3,187 SQUARE FOOT RESTAURANT, LOCATED AT 763 S. MAIN STREET, UNIT 200A 4. ADJOURNMENT: The next regular Planning Commission Meeting will be held on Monday, October 7th, 2019. Planning Commission Agenda – September 16, 2019 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 Planni ng 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.