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10-07-19 PC Agenda City of Orange Planning Commission Monday, October 7th, 2019 REGULAR SESSION 7:00 PM  Council Chambers Commissioners: Ernest Glasgow, Chair Dave Simpson, Vice-Chair Rick Martinez David Vazquez Doug Willits Staff: Anna Pehoushek, Assistant Community Development Director Mary Binning Sr. Asst. City Attorney Chad Ortlieb Senior Planner Monique Schwartz Associate Planner Tiffany Chhan Planning Aide 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 – October 7, 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: 2.1 Approve minutes from the September 16th 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 – October 7, 2019 Page 3 of 5 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 3100-19 – ORANGE HOME GROWN FARMERS AND ARTISANS MARKET, 303 WEST PALM AVENUE. - The applicant proposes to host a permanent weekly Farmers and Artisans Market at Chapman University’s Becket Building parking lot, and along Palm Avenue between Cypress Street and Lemon Street, with a potential future expansion into Chapman University’s Dodge College of Film and Media Arts parking lot. NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15304 (Class 4 – Minor Alterations to Land) because the project is for a weekly farmers market which will be a minor temporary use of land with negligible effects on the environment which will not alter the land use or density of the site. No public review is required. Adopt Planning Commission Resolution No. 18-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3100-19 ALLOWING A PERMANENT FARMERS AND ARTISANS MARKET WITH LIVE ENTERTAINMENT LOCATED AT 303 WEST PALM AVENUE, INCLUDING THE USE OF THE PALM AVENUE RIGHT-OF-WAY BETWEEN LEMON STREET AND CYPRESS STREET AND THE NORTHERN PARKING LOT OF 283 NORTH CYPRESS STREET. 3.2 CONDITIONAL USE PERMIT (CUP) NO. 3093-19 – MEYER CONSTRUCTION SERVICES LLC, 1927 N. GLASSELL STREET, UNIT A. - The applicant is requesting to allow an administrative office area in excess of 25% of the total gross floor area in the Light Manufacturing (M-1) zone. 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 of a business within an existing industrial building 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. Planning Commission Agenda – October 7, 2019 Page 4 of 5 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 11-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3093-19 TO ALLOW ADMINISTRATIVE OFFICE AREA IN EXCESS OF 25% OF THE TOTAL GROSS FLOOR AREA IN THE LIGHT MANUFACTURING (M-1) ZONE LOCATED AT 1927 N. GLASSELL STREET, UNIT A 3.3 OPERATIONAL STATUS OF CONDITIONAL USE PERMIT NO. 2948-14; JR MOTEL, 428 E. LINCOLN AVENUE. - On July 6, 2015, the Planning Commission adopted Resolution No. PC 19-15 approving the JR Motel, a 23,128 square foot, two story with basement, 28-room motel on two then-vacant parcels located at 428 E. Lincoln Avenue. Since the time of operation, City inspections have determined that violations of building and fire codes have occurred, rooms have been subdivided to increase the number of guest rooms beyond that approved, the floorplan has been enlarged without approval, and the use of the building may not be operating as the purported motel use. NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15309 (Class 9 – Inspections) because the project performance is being reviewed by the Planning Commission. Should the Planning Commission recommend an enforcement action to be brought back to the Planning Commission, such action would be categorically exempt from the provisions of CEQA per State CEQA Guidelines 15321 (Class 21 – Enforcement Actions by Regulatory Agencies) because enforcement of project conditions of approval and the Orange Municipal Code would be occurring. No public review is required. RECOMMENDED ACTION: Review the status report of observed operating conditions and OMC and CUP violations, and provide direction to staff on the course of action the Planning Commission wishes staff to return with to the Planning Commission. Planning Commission action may include any one of the following: 1) Receive and file the status report on the Conditional Use Permit (CUP) and operating or code violations. 2) Receive and file the status report on the CUP and impose additional conditions of approval to assure the use operates as a motel and in compliance with the CUP. 3) Direct staff to initiate the revocation of the CUP and set a date for a Planning Commission hearing. Planning Commission Agenda – October 7, 2019 Page 5 of 5 4. ADJOURNMENT: The next regular Planning Commission Meeting will be held on Monday, October 21st, 2019. 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.