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2014 - October 6Planning Commission October 6, 2014 Minutes Planning Commission October 6, 2014 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Steiner, Buttress, Cathcart, Correa, and Gladson STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Robert Garcia, Senior Planner Marissa Moshier, Historic Preservation Planner Angie Cisneros, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Steiner called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: Commissioner Cathcart led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.6 CONTINUED OR WITHDRAWN ITEMS: None 1.7 PLANNING MANAGER REPORTS: None 1 Planning Commission October 6, 2014 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 15, 2014. Motion was made to approve the minutes as written. MOTION: Commissioner Buttress SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Cathcart, Correa, and Gladson NOES: None MOTION CARRIED 2 Planning Commission October 6, 2014 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2936 -14 — BROWN AUTOMOTIVE GROUP (VOLKSWAGEN) The applicant is requesting to use a former railroad right -of -way site for overflow parking/storage for vehicles. LOCATION: 1543 N. TUSTIN NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15304 (Class 4 — Minor Alterations to Land) because the project includes construction on the site. The site disturbance is limited to the placement of gravel to allow for vehicle parking/storage. RECOMMENDED ACTION: Adopt Planning Commission Resolution 22 -14 allowing a vehicle parking /storage yard. Discussion: Robert Garcia, Senior Planner presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Dallas Ford, applicant was present to answer questions and concerns of the Planning Commission. Blair Smith and Charles Cook (address on file) presented concerns regarding dust control, noise at night and a trailer on -site (under Southern California Edison wires). Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution No. PC 22 -14 approving Conditional Use Permit No. 2936 -14 allowing a vehicle parking/storage yard at 1534 N. Tustin Street noting that an additional Condition will be added to the Resolution concerning the applicant's responsibility to work with the City regarding issues of noise and loitering and other issues that may arise. 3 Planning Commission October 6, 2014 MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Cathcart, Correa, Buttress and Gladson NOES: None MOTION CARRIED Planning Commission October 6, 2014 3.2 CONDITIONAL USE PERMIT NO. 2940 -14 — 7- ELEVEN The applicant is requesting an Alcoholic Beverage Control (ABC) Type 20 License (Off -Sale Beer and Wine), at an existing facility within the Tustin/Mayfair Center. LOCATION: 720 N. TUSTIN 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 only involves the licensing of alcohol sales at an existing retail store. RECOMMENDED ACTION: Adopt Planning Commission Resolution 23 -14 approving an ABC Type 20 (Off -Sale Beer and Wine) license at an existing location. Discussion: Robert Garcia, Senior Planner presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Satinder Bains, applicant, and Mike Ayaz, Attorney, were present to answer questions and concerns of the Planning Commission. Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution No. PC 23 -14 approving Conditional Use Permit No. 2940 -14 for an Alcoholic Beverage Control Type 20 (Off -Sale Beer and Wine) License at an existing 7- Eleven located at 720 N. Tustin Street. In addition, a condition will be incorporated that says no loitering will be allowed on the premises eliminating Condition #21 and #22. MOTION: Commissioner Correa SECOND: Commissioner Buttress AYES: Commissioners Steiner, Cathcart, Correa, Buttress, and Gladson NOES: None MOTION CARRIED Planning Commission October 6, 2014 3.3 CONDITIONAL USE PERMIT NO. 2945-14 — AUTO PAWN The applicant is requesting approval to be allowed to operate a vehicle pawn business within the industrial zone. LOCATION: 638 W. COLLINS NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guideline Section 15301 (Class 1 — Existing Facilities) because the project only involves the use of an existing building. RECOMMENDED ACTION: Adopt Planning Commission Resolution 24 -14 allowing a vehicle pawn business in the industrial zone. Discussion: Robert Garcia, Senior Planner presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Gary Rhodes, applicant was present to answer questions and concerns of the Planning Commission. Chair Steiner officially closed the public hearing A motion was made to adopt Planning Commission Resolution No. 24 -14 approving Conditional Use Permit No. 2945 -14 allowing a vehicle pawn business in the industrial zone located at 638 E. Collins Avenue. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Cathcart, Correa, Buttress, and Gladson NOES: None MOTION CARRIED Z Planning Commission October 6, 2014 3.4 CONDITIONAL USE PERMIT NO. 2946-14 — OLD TOWNE DINER The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 License (On -Sale Beer and Wine — Eating Place) to serve beer and wine at an existing restaurant in the Plaza Historic District. LOCATION: 152 N. GLASSELL #B 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 licensing of alcohol sales at an existing restaurant. RECOMMENDED ACTION: Adopt Planning Commission Resolution 19 -14 approving a Type 41 ABC License at an existing restaurant in the Plaza Historic District. Discussion: Marissa Moshier, Historic Preservation Planner presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Ralph Sandoval, LLR Group, and Al Ricci, Landlord, were present to answer questions and concerns of the Planning Commission. Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution 19 -14 approving Conditional Use Permit 2946 -14 authorizing an Alcoholic Beverage Control, Type 41 License (On -Sale Beer and Wine — Eating Place) at an existing restaurant at 152 North Glassell Street, Suite B and that Condition #20 be deleted from the Conditions submitted in the Staff Repot. MOTION: Commissioner Correa SECOND: Commissioner Buttress AYES: Commissioners Steiner, Cathcart, Correa, Buttress, and Gladson NOES: None MOTION CARRIED Planning Commission October 6, 2014 3.5 CONDITIONAL USE PERMIT NO. 2949 -14 AND DESIGN REVIEW COMMITTEE NO. 4753-14 — THE PIZZA PRESS The applicant proposes to serve beer and wine at a new restaurant under an ABC Type 41 (On -Sale Beer and Wine — Eating Place) License and proposes alterations to the storefront and rear elevation of the building. The building is designated as a non - contributor to the National Register - listed Plaza Historic District, but has been surveyed as a contributor to the local Old Towne Historic District. LOCATION: 153 N. GLASSELL NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 — New Construction or Conversion of Small Structures) and 15331 (Class 31 — Historical Resource Restoration/Rehabilitation) because the project consists of licensing of alcohol sales at a new restaurant and alterations to the storefront and rear elevation of a contributing building in the Old Towne Historic District. RECOMMENDED ACTION: Adopt Planning Commission Resolution 25 -14 approval an ABC Type 41 (On -Sale Beer & wine — Eating Place) License to serve beer and wine at a new restaurant and allow alterations to the storefront and rear elevation of a contributing building in the Plaza Historic District. Discussion: Marissa Moshier, Historic Preservation Planner presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Dara Malki, applicant, and Al Ricci, Manager, were present to answer questions and concerns of the Planning Commission. Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution No. 25 -14 approving an Alcoholic Beverage Control Type 41 License (On -Sale Beer and Wine — Eating Place) at a restaurant and Design Review Committee No. 4753 -14 allowing alterations to the storefront and rear elevation of a contributing building Planning Commission October 6, 2014 in the Plaza Historic District on property located at 153 North Glassell Street. In addition, noting that Condition #22 be deleted. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Steiner, Cathcart, Correa, Buttress, and Gladson NOES: None MOTION CARRIED 9 Planning Commission October 6, 2014 4. ADJOURNMENT: Planning Commission adjourned to the next regularly scheduled meeting on Monday, October 20, 2014. MOTION: Commissioner Buttress SECOND: Commissioner Correa AYES: Commissioners Steiner, Cathcart, Buttress, Correa, and Gladson NOES: None MOTION CARRIED Meeting adjourned at 8:40 p.m. 10