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09-16-19 Final MinutesPlanning Commission September 16, 2019 1 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 The public hearing was closed. 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: Anna Pehoushek, Assistant Community Development Director advised the Commission that Conditional Use Permit No.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 Planning Commission September 16, 2019 2 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 Planning Commission September 16, 2019 3 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. Planning Commission September 16, 2019 4 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. Planning Commission September 16, 2019 5 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.