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01-20-2020 PC Agenda CITY OF ORANGE PLANNING COMMISSION AGENDA Monday, January 20, 2020 Regular Session Council Chambers – 7:00 P.M. Planning 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 Robert Garcia Senior Planner Ashley Brodkin 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 at the front entrance. 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 Spectrum Cable channel 3 on the 1st and 3rd Mondays of the month. You may also stream the meeting LIVE on the internet by logging onto the City of Orange website at www.cityoforange.org, clicking on the “Agenda and Minute’s button at the bottom of the page, select “Planning Commission” and click on Video. Upcoming event dates will become “In Progress” video links when the meeting begins 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. 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]. PLEASE SILENCE ALL ELECTRONIC DEVICES Planning Commission Agenda – January 20, 2020 Page 2 of 5 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 the 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 APPROVAL OF MINUTES: December 16, 2019 2.2 DENSITY BONUS AGREEMENT – ORANGE SENIOR HOUSING, 1249 E. KATELLA AVE. Approval of a Density Bonus Housing Agreement is required for the construction of a 74- unit senior affordable apartment building on a 1.54-acre site as part of the implementation of Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19, Two Concessions and Two Waivers, Orange Senior Housing, approved by the Planning Commission on July 29, 2019. NOTE: The project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – Infill Development Project) because the project meets the following criteria: a. With the allowed affordable housing concessions and waivers, 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. Planning Commission Agenda – January 20, 2020 Page 3 of 5 d. The project has been evaluated for significant affects 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. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 01-20 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING A DENSITY BONUS HOUSING AGREEMENT FOR THE CONSTRUCTION OF 74 SENIOR AFFORDABLE APARTMENTS LOCATED AT 1249 E. KATELLA AVENUE. 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. 3. CONTINUED HEARINGS: 3.1 AN ORDINANCE AMENDING STANDARDS AND PROCEDURES FOR ALCOHOL PRODUCTION IN THE INDUSTRIAL ZONES, AND MISCELLANEOUS ALCOHOL RELATED REGULATIONS. An Ordinance amending Title 17 (Zoning) of the Orange Municipal Code to establish alcohol production land use standards in the industrial zones and to amend miscellaneous sections of the special use and conditional use regulations sections pertaining to production and retail sales of alcoholic beverages in conjunction with home occupations and in compliance with the State of California Department of Alcoholic Beverage Control. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15305 (Class 5-Minor Alterations in Land Use Limitations) because the activity undertaken is establishing land use standards for alcohol production in industrial zoning districts, and amends sections of the special use and conditional use regulations for the production and retail sales of alcoholic beverages. It does not involve a specific site, development project, or focused geographic area, does not change permitted land use or density and does not otherwise result in a physical change that could cause an impact to the environment. Planning Commission Agenda – January 20, 2020 Page 4 of 5 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 23-19 entitled: A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF ORANGE AMENDING TITLE 17 (ZONING) OF THE ORANGE MUNICIPAL CODE TO ESTABLISH ALCOHOL PRODUCTION LAND USE STANDARDS IN THE INDUSTRIAL ZONING DISTRICTS AND AMENDING MISCELLANEOUS ALCOHOL-RELATED SPECIAL USE AND CONDITIONAL USE REGULATIONS 4. NEW HEARING: 4.1 GENERAL PLAN AMENDMENT NO. 2018-0002; ZONE CHANGE NO. 1287-18; CONDITIONAL USE PERMIT NO. 3044-17; DESIGN REVIEW NO. 4909-17, MINOR SITE PLAN REVIEW NO. 0904-17; AND ENVIRONMENTAL REVIEW NO. 1858-18 – CHICK-FIL-A, 202 S. MAIN STREET. The applicant proposes the demolition of an existing vacant restaurant building and construction of a new Chick-fil-A restaurant with a drive thru. A General Plan Amendment and Zone Change are being requested in order to align the operational needs of the business with City land use policy and development standards. NOTE: Mitigated Negative Declaration No. 1858-17 was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines (Attachment _____). The analysis contained in the MND determined that implementation of the project may result in significant environmental effects without mitigation. CEQA Guidelines requires that mitigation measures be identified for such impacts in an effort to reduce such impacts to a less than significant level and that mitigation be fully enforceable through permit conditions, agreements, or other legally binding instruments. The MND includes nine mitigation measures, which will be folded into Conditions of Approval. Incorporation of the mitigation measures into the project results in a reduction of significant impact to a less than significant level. RECOMMENDED ACTION: STAFF RECOMMENDS THAT THE PLANNING COMMISSION REVIEW AND CONSIDER THE PROJECT AND THE MITIGATED NEGATIVE DECLARATION (MND) AND TAKE ACTION CONSIDERED APPROPRIATE BASED ON THE PLANNING COMMISSION DELIBERATION AND PUBLIC COMMENT, SUBJECT TO GUIDANCE AND FEEDBACK ON THE ISSUES IDENTIFIED IN THE STAFF REPORT. ACTION INVOLVES A RECOMMENDATION TO THE CITY COUNCIL. Planning Commission Agenda – January 20, 2020 Page 5 of 5 5. ADJOURNMENT: The next Regular Planning Commission Meeting will be held on Monday, February 3, 2020 at 7:00 p.m. in the Council Chamber. APPEAL PROCEDURE Any final determination by the Planning Commission may be appealed, and such appeal must be file d 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.