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2015 - April 20Planning Commission April 20, 2015 Minutes Planning Commission April 20, 2015 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Buttress, Correa, and Steiner ABSENT: Commissioner Gladson STAFF PRESENT: Anna Pehoushek, Acting Assistant Community Development Director Gary Sheatz, Senior Assistant City Attorney Anne Fox, Contract Staff Planner Sharon Penttila, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Buttress called the meeting to order at 7:04 p.m. 1.2 FLAG SALUTE: Commissioner Correa led the flag salute. 1.3 ROLL CALL: Commissioner Gladson was absent. All other Commissioners were present. 1.4 PUBLIC PARTICIPATION None 1.5 CONTINUED OR WITHDRAWN ITEMS: A motion was made to continue Item 3. 1, McDonald's Restaurant, CUP No. 2926 -13, Variance 2235 -14, and DRC No. 4724 -13 to a date uncertain. 1.6 PLANNING MANAGER REPORTS None 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF APRIL 6, 2015. Motion was made to approve the minutes as written: MOTION: Commissioner Correa SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSENT: Commissioner Gladson MOTION CARRIED. 1 Planning Commission April 20, 2015 2.2 ADOPT PLANNING COMMISSION RESOLUTION 11 -15 APPROVING CONDITIONAL USE PERMIT NO. 2967 -14 AUTHORIZING A STATE OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL TYPE 41 LICENSE (ON- SALE BEER AND WINE — EATING PLACE) AT 80 PLAZA SQUARE AND OUTDOOR DINING PERMIT NO. 06 -15 FOR A 34 SEAT OUTDOOR DINING AREA IN THE NORTHEAST QUADRANT OF THE PLAZA Motion was made to adopt Planning Commission Resolution 11 -15 approving Conditional Use Permit No. 2967 -14 and Outdoor Dining Permit No. 06 -15: MOTION: Commissioner Buttress SECOND: Commissioner Steiner AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSENT: Commissioner Gladson MOTION CARRIED. 2 Planning Commission April 20, 2015 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2926-13, VARIANCE 2235 -14, AND DESIGN REVIEW COMMITTEE NO. 4724-13 — MCDONALD'S RESTAURANT The applicant proposes to comprehensively remodel the interior and exterior of an existing McDonald's restaurant, reducing the building footprint, reconfiguring the drive - thru lanes and associated site improvements, including landscaping and signage. The proposal includes a waiver from parking lot dimensional standards. LOCATION: 4200 E CHAPMAN AVENUE NOTE: The California Environmental Quality Act (CEQA) does not apply to projects that a public agency rejects or disapproves per State CEQA Guidelines Section 15270(a). However, should the Planning Commission consider an approval action on the project, a determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 2 — Replacement or Reconstruction) could be made because the project consists of the reconstruction of an existing commercial structure and facilities of substantially the same size, purpose and capacity. RECOMMENDED ACTION: Staff recommends the Planning Commission deny the project. A resolution for Planning Commission consideration will be placed on a future agenda. Motion was made to continue this item to a date uncertain by request of the applicant prior to the meeting: MOTION: Commissioner Steiner SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSENT: Commissioner Gladson MOTION CARRIED. Planning Commission April 20, 2015 3.2 ZONE CHANGE 1277 -15 — TUSTIN- CHAPMAN FOCUS AREA The purpose of the proposed zone change is rezone properties in the Tustin - Chapman 2010 General Plan Land Use Focus Area to Public Institution (PI) in order to establish consistency with the Public Facilities and Institutions (PFI) and Yorba North Commercial Overlay General Plan land use designation in accordance with State law. LOCATION: NORTH OF THE INTERSECTION OF CHAPMAN AVENUE AND YORBA STREET NOTE: The proposed project is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR NO. 1815 -09 for purposes of CEQA. RECOMMENDED ACTION: Adopt Planning Commission Resolution 13 -15 recommending the City Council approve Zone Change No. 1277 -15. Discussion: Anna Pehoushek, Acting Assistant Community Development Director, presented a project overview consistent with the staff report. She noted that at the start of the meeting she distributed a letter to the Commissioners from Tom Searles. Public Hearing was opened. Tom Searles, address on file, thanked the Commissioners for considering this item and on behalf of the property owners, was in support of the zone change. Ms. Pehoushek clarified that the zone change itself was strictly a map clean-up and no development application was being proposed tonight. She also explained that they were not talking about any re- designation of open space except for a parcel that was currently split zoned Open Space and Commercial that was being rezoned entirely to PI. John Moore, address on file, was concerned that the open space in the area was shrinking but thought the continued use of the property as a medical facility was a good use. Public Hearing was closed. Motion was made to adopt Planning Commission Resolution 13 -15 recommending the City Council approve Zone Change No. 1277 -15: MOTION: Commissioner Steiner SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSENT: Commissioner Gladson MOTION CARRIED. 4 Planning Commission April 20, 2015 4. ADJOURNMENT: The meeting was adjourned to the regularly scheduled meeting on Monday, May 4, 2015. MOTION: Commissioner Steiner SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSENT: Commissioner Gladson Meeting adjourned at 7:21 p.m. MOTION CARRIED. 5