09-16-19 Final MinutesPlanning Commission September 16, 2019
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FINAL Minutes
Planning Commission September 16, 2019
City of Orange Monday 7:00 p.m.
PRESENT: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
STAFF
PRESENT: Mary Binning, Sr. Assistant City Attorney
Anna Pehoushek, Assistant Community Development Director
Marissa Moshier, Historic Preservation Planner
Monique Schwartz, Associate Planner
Jessica Wang, Administrative Specialist
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: Chair Glasgow led the flag salute.
1.3 ROLL CALL: Commissioners Glasgow, Willits, Simpson, Martinez and Vazquez
1.4 PUBLIC PARTICIPATION:
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The
public hearing was closed.
1.5 CONTINUED OR WITHDRAWN ITEMS: None
1.6 PLANNING MANAGER REPORTS: Anna Pehoushek, Assistant Community
Development Director advised the Commission that Conditional Use Permit No. 2948-14 for
the property at 428 E. Lincoln, will be brought back to the Commission on October 7 for full
review with a request for modifications. The Condition Use Permit was approved in July
2014; however, since the start of the operation, staff has observed violations of the
Conditional Use Permit, Building and Fire codes.
1.7 ANNOUNCEMENT OF THE APPEAL PROCEDURES
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED
MEETING OF August 19, 2019.
A motion was made to approve the August 19, 2019 as written.
MOTION: Commissioner Willits
SECOND: Commissioner Vazquez
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
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ABSTAIN: None
MOTION CARRIED.
Chair Glasgow made an announcement that item 3.2 on the agenda (IM Burger) would be
heard first.
3. NEW HEARINGS:
3.1 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
Monique Schwartz, Associate Planner provided an overview of the request consistent with the staff
report.
Chairman Glasgow invited the applicant to step forward and asked if she agreed with the conditions
of approval specifically condition number 15 which prohibits alcoholic beverages in the attached
outdoor dining area.
Andrea Lee, owner of the restaurant approached and stated that she agreed with all of the conditions
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of approval.
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The
public hearing was closed.
A Motion was made to adopt 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, and with a revision to Condition of Approval No. 15.
MOTION: Vice Chair Simpson
SECOND: Chair Glasgow
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
Commissioner Martinez recused himself from this item due to a conflict.
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
Marissa Moshier, Historic Preservation Planner provided an overview of the request consistent with
the staff report.
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Commissioner Willits disclosed he met with city staff and the applicant regarding the project.
Chair Glasgow opened the public hearing and invited the applicant to step forward asking him if he
agreed with all the conditions of approval.
Paul Kim, with Yukon Group spoke on behalf of the project and explained how he worked with staff
to redesign the original project to get to the current proposal.
Speaking in support:
Cathy Perring, representative for the church property owner
Speaking in opposition:
Nicole Zandbergen, a parent of children who attend the TLC Charter School
The Commissioners and Mr. Kim discussed:
Notice/mail requirements
Noise from the generators in the event of an emergency
Verizon's discussions with the surrounding residents, property and church owners
Location of other towers in the City
Request to postpone the Conditional Use Permit hearing for another 60 days
Chair Glasgow closed the public hearing.
The Commissioners all agreed that the City conducted proper notification for the hearing. Health and
safety of communication equipment is mandated by the federal government and is not under the
purview of the Planning Commission.
A Motion was made to adopt 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’ 8”
increase in the height of the tower to provide screening, on property located at 1130 E. Walnut
Avenue
MOTION: Commissioner Vazquez
SECOND: Commissioner Willits
AYES: Commissioners Glasgow, Willits, Simpson and Vazquez
NOES: None
ABSENT: None
ABSTAIN: Martinez
MOTION CARRIED.
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4. ADJOURNMENT: 7:39 PM
The next regular Planning Commission Meeting will be held on Monday, October 7th,
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.