11-04-19 Final MinutesPlanning Commission November 4,
2019
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1.4 PUBLIC PARTICIPATION:
Chair Glasgow opened the public comment portion of the meeting.
There were no speakers.
1.5 CONTINUED OR WITHDRAWN ITEMS: Assistant Community Development
Director Anna Pehoushek noted that staff had received a request by the applicant to
continue Item 3.1
1.6 PLANNING MANAGER REPORTS: None
1.7 ANNOUNCEMENT OF THE APPEAL PROCEDURES
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED
MEETING OF OCTOBER 21, 2019.
A motion was made to approve the October 21, 2019 as written:
MOTION: Commissioner Willits
SECOND: Commissioner Martinez
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
FINAL Minutes
Planning Commission November 4, 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
Chad Ortlieb, Senior Planner
Jessica Wang, Administrative Specialist
Simonne Fannin, Recording Secretary
REGULAR SESSION
1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 6:58 p.m.
1.2 FLAG SALUTE: Chair Glasgow led the flag salute.
1.3 ROLL CALL: Commissioners Glasgow, Willits, Simpson, Martinez and Vazquez
Planning Commission November 4,
2019
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3. CONTINUED HEARING:
3.1 CONTINUATION OF REVIEW 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. On October 7,
2019, the Planning Commission reviewed the JR Motel Conditional Use Permit
(CUP) in light of reported violations of building codes, fire codes, Orange
Municipal Codes, and project operating conditions. The Planning Commission
continued its hearing on the matter with direction to staff to return with a resolution
including for its consideration additional operating conditions to the JR Motel CUP.
NOTE: The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (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 is occurring. No public
review is required.
Adopt Planning Commission Resolution No. PC 21-19 entitled:
A RESOLUTION OF THE PLANNING
COMMISSION APPROVING ADDITIONAL
OPERATING CONDITIONS FOR CONDITIONAL
USE PERMIT NO. 2948-14 TO ENSURE THAT THE
USE OPERATES AS A 23,128 SQUARE FOOT, TWO
STORY WITH BASEMENT, 28-ROOM, MOTEL
LOCATED AT 428 E. LINCOLN AVENUE AND
COMPLIES WITH ALL CONDITIONS.
Alternatively, direct staff to initiate a revocation of the CUP and set a date for a Planning
Commission hearing on the matter.
Ms. Pehoushek explained this item was continued from the October 7, 2019 Planning
Commission meeting with direction to staff to impose additional operating conditions. The
motel has experienced a change in legal representation and the new attorney has requested a
30-day continuance of the item to the December 16, 2019 Planning Commisssion meeting.
Chair Glasgow asked staff for an update on the conditions.
Chad Ortlieb, Senior Planner provided a status report indicating that Building Code violations
had been addressed to the satisfaction of the Building Division but that Fire Department
approval of code violations was pending corrections.
Planning Commission November 4,
2019
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Chair Glasgow opened the public hearing.
Elaine Bissonnette, a resident who lives near the motel, spoke in opposition of the project and
submitted photos of activity at and around the motel.
Chair Glasgow closed the public hearing.
A motion was made to continue Conditional Use Permit No. 2948 – 14, JR Motel, 428 E.
Lincoln Avenue until December 16, 2019.
MOTION: Commissioner Glasgow
SECOND: Commissioner Vazquez
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
3.2 CONDITIONAL USE PERMIT NO. 3006-16, MAJOR SITE PLAN REVIEW
NO. 0855-16, AND DESIGN REVIEW 4855-16 – ORANGE SKY VILLAS
SENIOR APARTMENTS, 180 NORTH TUSTIN STREET
The applicant proposes to demolish an existing single-family residence and related
accessory structures in order to construct a 23-unit senior apartment building.
NOTE: The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines 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.
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.
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.
e. The site would be adequately served by all required utilities and public services.
There is no environmental public review required for a Categorical Exemption.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. PC 22-19 entitled:
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2019
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A RESOLUTION OF THE PLANNING
COMMISSION APPROVING CONDITIONAL
USE PERMIT 3006-16, MAJOR SITE PLAN
REVIEW 0855-16, AND DESIGN REVIEW 4855-16
FOR THE CONSTRUCTION OF A 23-UNIT
AGRE RESTRICTED SENIOR APARTMENT
BUILDING LOCATED AT 180 NORTH TUSTIN
STREET
Ms. Pehoushek provided an overview of the project consistent with the staff report.
All of the Commissioners disclosed they met with the applicant, conducted a site review or spoke
by phone with the applicant. Commissioner Martinez stated he also met with two neighbors.
Simon Gurgis, applicant spoke on behalf of the project.
Darian Radac, project architect explained the trash pickup in response to a question raised by
Chair Glasgow.
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The
public hearing was closed.
Commissioner Vazquez asked the Commission if they would be amenable to modifying
Conditions #15, #16 and #17 and authorize staff to approve the plans rather than having the
applicant return to the Design Recover Committee for approval.
Mary Binning, Sr. Assistant City Attorney stated it is the Planning Commission's prerogative to
condition the project as they wish.
A motion was made to adopt Resolution No. PC 22-19 entitled a Resolution of the Planning
Commission approving Conditional Use Permit 3006-16, Major Site Plan Review 0855-16,
and Design Review 4855-16 for the construction of a 23-unit age-restricted senior
apartment building located at 180 North Tustin Street with modified conditions striking
"Design Review Committee" in Conditions #15, #16 and #17 and replaced it with
"Community Development Director".
MOTION: Commissioner Vazquez
SECOND: Commissioner Simpson
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission November 4,
2019
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MOTION CARRIED.
4. ADJOURNMENT:
The meeting was adjourned at 7:27 P.M. The next regular Planning Commission Meeting will
be held on Monday, November 18th, 2019.