03-02-2020 PC MinutesPlanning Commission March 2, 2020
Approval Date: 04/06/2020
Final
Planning Commission Minutes
City of Orange
March 2, 2020
7:00 p.m.
STAFF
PRESENT: Gary Sheatz, City Attorney
Mary Binning, Sr. Assistant City Attorney
Anna Pehoushek, Assistant Community Development Director
Marissa Moshier, Historic Preservation Planner
Vidal Marquez, Assistant 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: Commissioner Vazquez 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1.5 CONTINUED OR WITHDRAWN ITEMS: None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
1.8 Election of Chair and Vice Chair:
A motion was made to move Item 1.8 - Election to the end of the agenda:
MOTION:
Commissioner Simpson
SECOND:
Commissioner Vazquez
AYES:
Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES:
None
2. CONSENT CALENDAR:
Planning Commission March 2, 2020
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF
JANUARY 20, 20209
A motion was made to approve the January 20, 2020 minutes as amended:
MOTION:
Commissioner Simpson
SECOND:
Commissioner Glasgow
AYES:
Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES:
None
MOTION CARRIED
3. NEW HEARINGS:
3.1 Conditional Use Permit No. 3108-19, Heemo Sushi, 1632 E. Katella Avenue, Suite A.
The applicant proposes to serve alcohol under an Alcoholic Beverage Control Type 41
License (On -Sale Beer and Wine eating place) to serve alcohol within an existing restaurant.
NOTE: The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class I — Existing
Facilities) because the project consists of licensing the sale of alcoholic beverages at an
existing restaurant and results in negligible or no expansion of use beyond that existing at the
time of the City's determination. No public review is. required.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. PC 08-20 entitled.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE
APPROVING CONDITIONAL USE PERMIT NO. 3108-19 FOR AN ALCOHOLIC
BEVERAGE CONTROL (ABC) TYPE 41 LICENSE (ON -SALE BEER AND WINE -
EATING PLACE) WITHIN AN EXISTING RESTAURANT LOCATED AT 1632 E.
KATELLA AVENUE, SUITE A.
Vidal Marquez, Assistant Planner provided an overview of the request for a Conditional Use Permit
consistent with the staff report.
The Commission and staff discussed the need for conditions 37, 38 and 39 regarding coin -operated
machines.
Brian Yoon, applicant approached and spoke on behalf of the project and stated they do not intend to
have any coin -operated machines.
Detective Taketa, with the Orange Police Department, spoke in support of the project and removing
the conditions regarding the coin -operated machines.
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The public
hearing was closed.
Planning Commission
March 2, 2020
3.2
A motion was made to approve a Resolution of the Planning Commission of the City of Orange
approving Conditional Use Permit No. 3108-19 for an Alcoholic Beverage Control (ABC) Type 41
license (on -sale beer and wine -eating place) within an existing restaurant located at 1632 E. Katella
Avenue, Suite A with the removal of conditions 37, 38 and 39.
MOTION: Commissioner Vazquez
SECOND: Commissioner Willits
AYES. Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
MOTION CARRIED
Conditional Use Permit No. 3107-19, Tabu Shabu, 111 S. Glassell Street.
The applicant proposes to serve alcohol under an Alcoholic Beverage Control Type 41 (On
Sale Beer and Wine —Eating Place) License for a new restaurant in the Plaza Historic District.
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 a restaurant within an
existing commercial building, consistent with the property's zoning and General Plan
designation. No public review is required.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. PC 07-20 entitled.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE
APPROVING CONDITIONAL USE PERMIT NO. 3107-19 FOR AN ALCOHOLIC
BEVERAGE CONTROL (ABC) TYPE 41 LICENSE (ON -SALE BEER AND WINE —
EATING PLACE) FOR A NEW RESTAURANT LOCATED AT 111 S. GLASSELL
STREET.
Marissa Moshier, Historic Preservation Planner provided an overview of the request for a Conditional
Use Permit consistent with the staff report.
Randy Nguyen, applicant spoke on behalf of the project. Alcohol sales will be less than 10% of
receipts.
Chair Glasgow opened the public hearing.
Al Ricci spoke in support of the project.
There were no other speakers. The public hearing was closed.
A motion was made to approve a Resolution of the Planning Commission of the City of Orange
approving Conditional Use Permit No. 3107-19 for an Alcoholic Beverage Control (ABC) Type 41
license (on -sale beer and wine -eating place) for a new restaurant located at 111 S. Glassell Street.
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Planning Commission
March 2, 2020
MOTION:
Commissioner Willits
SECOND:
Commissioner Martinez
AYES:
Commissioners Glasgow,
NOES:
None
RECESS 7:27 - 7:34
Willits, Simpson, Vazquez and Martinez
MOTION CARRIED
3.3 Revocation of Conditional Use Permit No. 2948-14, JR Motel, 428 E. Lincoln Avenue.
The Planning Commission directed staff to bring forward a resolution recommending that the
City Council revoke Conditional Use Permit No. 2948-14 for the JR Motel which was
approved as a motel but operates as a boarding house..
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 and
Orange Municipal Code Section 17.10.030H is being undertaken. No public review is required.
RECOMMENDED ACTION:
Adopt planning commission Resolution No. PC 06-20 entitled:
A Resolution of the Planning Commission of the City. of Orange recommending to the City
Council of the City of Orange, that Conditional Use Permit No. 2948-14, which permitted a
motel upon property located at 428 E. Lincoln Avenue, be revoked and repealed in its
entirety.
Mary Binning, Sr. Assistant City Attorney provided a visual presentation and explained the definition
of a hotel and zones in which they are allowed, purpose of a .Conditional Use Permit and its process,
and the code requirements for revocation.
Staff has determined that grounds for revocation are as follows:
• The operations of the JR motel are inconsistent with the definition of a hotel and the
Conditional Use Permit was granted based on information that it would be a hotel. Atypical
services on the premises, which are not provided by other permitted hotels in the city,
including the following:
o Room lined with bassinettes, staff members wearing scrubs, table lined with bottle
warmers, collection of car seats, line of strollers, large industrial kitchen with several
staff members, line of commercial refrigerators, racks of bulk food, mommy services,
medical transportation, regular shopping transportation, one-to-one nanny services,
legal consultation and other general services.
o Gross sales reported to Business License have not been reconciled and transient
occupancy tax has never been paid to the city until the Planning Commission held its
first hearing.
• Hotel is not open to the public: no telephone number for reservations, no website, no exterior
signage, exterior doors are locked to the public, exclusively uses overseas booking agencies.
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Planning Commission
March 2, 2020
• Operational characteristics fit the definition of a Boarding House or a Lodging House, not a
Hotel use.
• Violations of the Planning conditions of approval:
o Subdivision of suites
o Addition of underfloor rooms and hallway
o Installation of exit door into parking space
o Failure to have registration desk in lobby
o Failure to have sitting area in lobby — use of area for food buffet
• Failure to obtain building permits in violation of the Building Code:
o Subdividing suites
o Excavation of underfloor area
o Creation of new bedrooms in underfloor area
o Addition of windows into basement walls
o Added shower in lobby restroom
o Added sink in lobby
• Violations of the Fire Code
2017
o Panic hardware not installed
o No key in Knoxbox
o Locked exits
o Lack of evacuation plan
o Hasp/pin lock on kitchen doors
2019
o Exits covered by shades
o Door opening into vehicle parking space
o Lack of sprinkler system in added areas
o Line of commercial refrigerators in added areas
o Lack of evacuation plan
o Violations in notice dated May 16, 2019
o County Health Department violations
Staff presented evidence that Mr. Huang is a Class G license, general building contractor and is
familiar with building and permit requirements, concluding that the violations of the Building Code
and Fire Code were intentional.
The majority of the illegal construction has been removed except for those concrete and supporting
additions determined to be detrimental to the integrity of the building if they were removed.
Pete Goodrich, Chief Building Official stated that various staff have probably made 100 visits to the
site, and it has taken a lot of staff time from various departments. Staff does not know if the added
construction was built to code because it was determined that it had to be removed rather than try to
obtain permits that would have required the revision of the conditional use permit. To the best of his
knowledge, most of the work was done in a fair manner; not so much for the fire sprinklers and
electrical.
Robert DeSimone, Fire Department Specialist explained the demolition permit has been cleared and
the sprinkler permit is pending because the basement does not have sprinklers
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Planning Commission
March 2, 2020
Staff and Commission discussed the following:
• The pricing schedules for occupants and the lack of rental agreements for stays over 30 days.
• Lack of a public website.
• Structural integrity due to addition of illegal windows.
• Lack of Transient Occupancy Tax payment and applicant's intent to pay back taxes.
• Owner is aware of the hotel definition; which means stays that are 30 days or less.
• There is a preponderance of evidence that the hotel is not operating as publicized and not in
accordance with code.
• Staff has given the applicant opportunities to make the hotel conform.
• There's been a tremendous impact to taxpayer dollars, additional burden on Police. Fire,
Finance and Community Services and as a general contractor, there has been a blatant
disrespect for the rules and regulations.
Tony Lu, attorney for the applicant provided a rebuttal as follows:
• Violations in the basement have been repaired.
• Conditions of approval were unclear and he asked for clarification.
• The facility is not a birthing house, boarding/lodge and runs as a hotel with 90% or more of
the rooms transient in nature.
• Transient Occupancy Tax was paid for October 2019; they had no previous knowledge that
this had to be paid back to day one and it would be a huge burden to pay back.
• They can provide name and addresses of guests.
• Cost of inspections by staff seems prohibitively high; they paid one invoice thus far.
• Proper plans have been submitted.
• Guests have room keys.
• Lease agreements have been provided.
He stated his client did not intentionally lie to the city.
Chih Chun Huang, owner, confirmed all the additional work was done under his general license and
explained his understanding of the Transient Occupancy Tax and was under the assumption that no
tax was due because the patrons were non -transient and he had provided the rental agreement to the
city. The city is now asking for retroactive payment.
Ms. Binning stated the City's Business License Coordinator couldn't find any documentation of rental
agreements and neither can the owner.
Chair Glasgow opened the public hearing.
Mark Landry, Bob Brogdon and Debi Brogdan all spoke in support of revoking the hotel's conditional
use permit.
Chair Glasgow closed the public hearing.
A motion was made to adopt Planning resolution number PC 06 — 20 entitled: A Resolution of the
Planning Commission of the City of Orange recommending to the City Council of the City of Orange,
that Conditional Use Permit No. 2948-14, which permitted a motel upon property located at 428 E.
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Planning Commission
March 2, 2020
Lincoln Avenue, be revoked and repealed in its entirety.
MOTION: Commissioner Glasgow
SECOND: Commissioner Simpson
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
MOTION CARRIED
1.8 Election of Chair and Vice Chair:
A motion was made to appoint Commissioner Simpson as Chair of the Planning Commission
effective March 4, 2020:
MOTION: Commissioner Willits
SECOND: Commissioner Vazquez
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
MOTION CARRIED
A motion was made to appoint Commissioner Glasgow as Vice Chair of the Planning Commission
effective March 4, 2020:
MOTION:
Commissioner Willits
SECOND:
Commissioner Martinez
AYES:
Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES:
None
MOTION CARRIED
4. ADJOURNMENT: 8:54 P.M.
The next Regular Planning Commission Meeting will be held on Monday, March 16, 2020 at
7:00 p.m. in the Council Chamber.
Anna Pehoushek
Assistant Community Development Director
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