01-20-2020 PC MinutesPlanning Commission January 20, 2020
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Approval Date: March 2, 20202
FINAL Minutes
Planning Commission January 20, 2020
City of Orange 7:00 p.m.
STAFF
PRESENT: Mary Binning, Sr. Assistant City Attorney
Anna Pehoushek, Assistant Community Development Director
Robert Garcia, Senior Planner
Ashley Brodkin, 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.
1.5 CONTINUED OR WITHDRAWN ITEMS: None
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 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.
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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.
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.
A motion was made to approve the consent calendar as presented:
MOTION: Commissioner Vazquez
SECOND: Commissioner Simpson
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
MOTION CARRIED
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-
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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.
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. PC 23-19
entitled:
A RESOLUTION OF THE PLANNING 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
Robert Garcia, Senior Planner provided an overview of the request to amend an ordinance for the
standards and procedures for alcohol production consistent with the staff report.
The Commission and staff discussed the following:
Allowable frequency of pours and a timeframe for duration of visits.
Whether streamlining and restrictions discourage new breweries in the City?
Whether Economic Development staff views the ordinance as something that would create
opportunities for other breweries.
Restrictions to serve only what is produced on-site.
Enforceability of possible obtaining personal identification from patrons before they are
served.
Susan Galvan, Economic Development Manager, stated that they wanted to include conditions that
were in alignment with other City regulations and acceptable to the Police Department.
Detective Henry Echani spoke about standard DUI criteria for alcohol consumption statistics for the
industry standards and supports the restrictions.
Mary Binning, Senior Assistant City Attorney advised the Commission that taking names of patrons
could potentially be subject to public records act and can create unenforceable conditions.
Chair Glasgow opened the public hearing.
There were no speakers. The public hearing was closed.
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A motion was made to adopt a resolution of the Planning Commission recommending that the City
Council approve a resolution of the Planning 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 with a limited of a total of five 5-ounce glasses and a total of four samples per day.
.
MOTION: Commissioner Willits
SECOND: Commissioner Martinez
AYES: Commissioners Glasgow, Willits, Vazquez and Martinez
NOES: Simpson
MOTION CARRIED
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. 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 enfo rceable 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 reducti on 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.
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Robert Garcia, Senior Planner provided an overview of the project consistent with the staff report.
Mr. Garcia stated, for the record, that staff received three additional letters of support of the project,
over the weekend.
Jennifer Daw, representative for Chick-Fil-A stated the applicant concurs with the conditions of
approval and provided a visual presentation of the project.
Kyle Maybury and Kristin Bogue, representatives for the applicant discussed anticipated traffic and
circulation and the environmental study document.
Doug Keys, City of Orange Transportation Analyst spoke about the peak traffic hours at the
intersection of Main Street and Almond Avenue.
The Commission and staff discussed the following:
Public outreach to the surrounding community; there was no opposition, only support for the
project.
Evolution of site design and final selection.
Process used for site selection.
Probability for a high level of pedestrian traffic.
Percentage of drive-through versus pedestrian entry.
Queuing and outside staff order taking during peak hours to avoid vehicular back up into the
street.
The need to notify local business owners should be notified that the OCTA bus stop will be
relocated.
Chair Glasgow opened the public hearing.
Speaking in favor of the project:
Jeff Smith (555 S. La Veta Park Circle, Orange)
Doug Willick (236 S. Batavia St., Orange)
There were no other speakers. The public hearing was closed
Commissioner Simpson asked staff to revise Conditions 11 and 12 to replace "Design Review
Committee" with "Community Development Director" where final approval is needed.
Chair Glasgow noted the word "apartment unit" should be eliminated from Condition 26. Chair
Glasgow spoke in support of the project as it is on the north end of the mixed use area and is a
complimentary use which will support the existing medical and be pedestrian accessible.
Commissioner Vazquez opined that the General Plan's intent is very clear and wanted to make sure
this is the right use for the site.
Commissioner Simpson stated he feels the requested General Plan and Zone Change is a sound
decision.
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Commissioner Willits spoke in support of the project and stated that the FAR zone change to only
one particular parcel would not be detrimental to the layout South Main Street corridor.; he spoke in
support of the project.
Commissioner Martinez supports the project and stated that his concern about queuing problems
have been addressed by the restaurant operations site plan and conditions of approval.
A motion was made for a recommendation of approval to the City Council for 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; Administrative Adjustment
0271 – 20; and Environmental Review No. 1858-18 – Chick-Fil-A, 202 South Main Street, with
changes as referenced to Conditions 11, 12 and 26.
MOTION: Commissioner Simpson
SECOND: Commissioner Willits
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
MOTION CARRIED
5. ADJOURNMENT: 8:31 p.m.
The next Regular Planning Commission Meeting will be held on Monday, February 3, 2020,
2020 at 7:00 p.m. in the Council Chamber.
______________________________________
Anna Pehoushek, Assistant Community Development Director