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2015 - February 18Planning Commission February 18, 2015 Minutes Planning Commission City of Orange February 18, 2015 Wednesday 7:00 p.m. PRESENT: Commissioners Buttress, Correa, Gladson, and Steiner ABSENT: None STAFF PRESENT: Leslie Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Chad Ortlieb, Senior Planner Jeff Borchardt, Assistant Planner Sharon Penttila, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Buttress called the meeting to order at 7:01 p.m. 1.2 FLAG SALUTE: Commissioner Gladson led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: Motion was made to continue CUP 2960 -14, Century Theatres, to a date certain of March 16, 2015. MOTION: Commissioner Gladson SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, Gladson, and Steiner NOES: None 1.6 PLANNING MANAGER REPORTS None 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF FEBRUARY 2, 2015. Motion was made to approve the minutes as written. MOTION: Commissioner Steiner SECOND: Commissioner Gladson AYES: Commissioners Buttress, Correa, Gladson, and Steiner NOES: None MOTION CARRIED 1 Planning Commission February 18, 2015 Discussion: Chad Ortlieb, Senior Planner, presented a project overview consistent with the staff report. He outlined the six issues associated with the project which include the concessions and incentives; bulk and scale; the property spur leading to Katella Avenue exit; density bonus; the calculation of private open space; and lot coverage vs. floor area ratio. The Commission had questions regarding: • Setbacks • Number of parking spaces on the spur • What the State law states regarding concessions related to density bonus • Lower ground unit patio space and open space • Vehicles exiting onto Katella • The use of Lemon for an entrance and exit • The safety concern of some of the parking spaces on the spur which are far from the units • Distance from the railroad tracks • What type of fence that will separate the project from the tracks • Visitor and guest parking • The quiet zone • Regulating parking spaces • Bicycle racks • Graffiti removal • Class 32 exemption from CEQA • Community Center The applicant, Barry Cottle from Orange Housing Development — C &C Developers, answered the questions of the Commission. He explained the number of parking spaces available and how those spaces are managed. Additional questions were answered by Todd Cottle; Bob Luther; Barry Adnams, architect; and the traffic engineer from Urban Crossroads. Speakers Sam Smith wanted to be considered for the lighting fixtures on this project. Jon Dumitru had concerns with: • The exit onto Katella • Katella exit jeopardizing the quiet zone • The spur parking • Traffic analysis and how it was considered a Class 32 CEQA exemption • Cross pollination of parking between the two projects • Storage unit and invitation for graffiti Planning Commission February 18, 2015 Mr. Barry Cottle responded to a number of these concerns. Medel Llanes, City of Orange Civil Engineer, explained that the quiet zone status of the City will not be jeopardized with the proposed driveway location. Mr. Ortlieb listed the criteria that is needed for a Class 32 exemption and how that has been meant. An email in opposition to the project was sent to the Commission from Dan Graupensperger. Barry Cottle met with Teresa Scares and toured the Orange Housing properties. Motion was made to recommend the City Council approve Resolution PC 07 -15 for MSPR 0797 -14, DRC 4776 -14 and a Density Bonus Housing Agreement with three affordable housing concessions. MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, Gladson, and Steiner NOES: None MOTION CARRIED 3 Planning Commission February 18, 2015 3. 3.1 NEW HEARING: CONDITIONAL USE PERMIT NO. 2959-14 — WHO SONG & LARRY'S The applicant proposes to add live entertainment to their current existing operations, thereby modifying their existing conditional use permit. LOCATION: 1535 W KATELLA AVENUE NOTE: The proposed project is exemp t California Environmental Quality Guidelines Section 15301 (Class the project consists of licensing existing private structure. RECOMMENDED ACTION: from the provisions of the Act (CEQA) per State CEQA 1 — Existing Facilities) because of a new operation within an A resolution depicting the Planning Commission action will be placed on the next agenda. Discussion: Jeff Borchardt, Assistant Planner, presented a project overview consistent with the staff report. The Commission discussed the two options regarding modifying the previously approved CUP 2295 -99. Option #1 would replace Resolution No. PC 48 -99 for CUP 2295 -99 with a new resolution and Option #2 would keep the existing conditions for CUP 2295 -99 with the exception of condition number two which would remove the condition prohibiting live entertainment. Leslie Roseberry, Planning Manager, clarified that the request from the applicant is solely on the live entertainment. She explained that from a land use perspective the request for live entertainment is where it is the mix of the live entertainment with the alcohol that becomes the source of concern for the Police Department. Public Hearing was opened. Rick Blake, attorney for the applicant, disagreed with the staff's analysis in terms of what is allowed in the area which is an entertainment district. He addressed the conditions the Police Department wants to impose. The applicant's request is to modify the existing CUP and remove the condition prohibiting entertainment. Gary Sheatz, Senior Assistant City Attorney explained that Option #1 eliminates the CUP that was issued in 1999 with eight conditions and is replaced with fifty -two conditions and Option #2 would take the existing CUP with the eight conditions removing condition number two regarding live entertainment. He further explained that the zoning does allow for the live entertainment but it doesn't allow for by right the sale of alcoholic beverages. Planning Commission February 18, 2015 Ms. Roseberry suggested the Commission discuss the issues in three steps by polling the Commission as to whether they want to approve the live entertainment and are additional conditions for the live entertainment or for the alcohol needed. Public Hearing was closed. Motion was made for the applicant to add live entertainment: MOTION: Commissioner Steiner SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, Gladson, and Steiner NOES: None MOTION CARRIED Mr. Sheatz explained that the direction now for the Commission would be to either eliminate the one condition on the 1999 CUP or allow the happy hour and allow the live entertainment and strike those two conditions from the ones proposed by the Police Department and adopt the remaining 50 conditions. The Commission continued to discuss the various conditions proposed by the Police Department. Motion was made to modify CUP 2295 -99 by removing Condition #2 and adding several conditions related to live entertainment. MOTION: Commissioner Buttress SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, and Steiner NOES: Commissioners Gladson MOTION CARRIED 5 Planning Commission February 18, 2015 3.2 CONDITIONAL USE PERMIT NO. 2960-14 — CENTURY THEATRES The applicant proposes to serve beer and wine at an existing theatre under an ABC Type 41 License. LOCATION: 1701 West Katella Avenue NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) because the project consists of the operation and licensing of an existing structure. RECOMMENDED ACTION: A resolution for the Planning Commission action will be placed on the next agenda based on direction provided to staff. This item was continued to a date certain of Monday, March 16, 2015 by request of the applicant prior to the meeting. MOTION: Commissioner Gladson SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None 4. ADJOURNMENT: The meeting was adjourned to the regularly scheduled meeting on Monday, March 2, 2015. MOTION: Commissioner Gladson SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, Gladson, and Steiner NOES: None MOTION CARRIED Meeting adjourned at 9:33 p.m.