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2014 - October 20Planning Commission October 20, 2014 Minutes Planning Commission October 20, 2014 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Steiner, Buttress, and Gladson ABSENT: Commissioners Cathcart and Correa STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Robert Garcia, Senior Planner Marissa Moshier, Historic Preservation Planner Kelly Christensen Ribuffo, Associate Planner Angie Cisneros, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Steiner called the meeting to order at 7:02 p.m. 1.2 FLAG SALUTE: Commissioner Gladson led the flag salute. 1.3 ROLL CALL: Commissioner Cathcart and Commissioner Correa were absent. All other Commissioners were present. 1.4 PUBLIC PARTICIPATION None 1.6 CONTINUED OR WITHDRAWN ITEMS: None 1.7 PLANNING MANAGER REPORTS None 1 Planning Commission October 20, 2014 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULAR MEETING OF OCTOBER 6, 2014. Motion was made to approve the minutes as written. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED 2.2 ADOPT PLANNING COMMISSION RESOLUTION 28 -14 DENYING APPEAL NO. 534 -14 UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR DETERMINATION REGARDING THE PLACEMENT OF A PROPERTY WALL WITHIN FIVE FEET OF AN EXISTING FENCE Motion was made to adopt Planning Commission Resolution PC 28 -14 denying Appeal No. 534 -14 upholding the Community Development Director determination regarding the placement of a property wall within five feet of an existing fence. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED Planning Commission October 20, 2014 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2932 -14 — JMC DISCOUNT TIRES The applicant proposes to expand an existing tire sales business to include the installation and service of auto related accessories. LOCATION: 420 W. LINCOLN 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 proposes to expand an existing tire sales business to include the installation of tires and service of auto related accessories. RECOMMENDED ACTION: Adopt Planning Commission Resolution 29 -14 approving the installation of service related auto accessories. 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. Jon Carren, applicant, was present to answer questions and concerns of the Planning Commission. The following speakers presented concerns regarding the noise elevation that would be disturbing the currently quiet residential community and the potential traffic and loitering problems that this project would cause: Bruce and Gail Dylke Gary Emm Jerry Waldon Steve Woolf Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution No. 29 -14 approving Conditional Use Permit No. 2932 -14 to allow for the installation of service related to auto accessories and note that the item is categorically exempt from CEQA. 3 Planning Commission October 20, 2014 The Planning Commission requested that a language change to Condition #7 be modified from "the bay shall be shut when business hours are not in session" to read "bay shall be shut at all times except when moving vehicles in and out of the garage ". MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED Planning Commission October 20, 2014 3.2 CONDITIONAL USE PERMIT NO. 2951 -14 — CHAPMAN CRAFTED BEER COMPANY The applicant proposes to operate a small beer manufacturing facility and is requesting a Type 23 (Small Beer Manufacturer) ABC license. The applicant is also requesting an accessory tasting area of 747 SF for customers to sample and purchase the specialty beer. LOCATION: 123 -129 N CYPRESS 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 an existing private structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution 26 -14 to allow a Type 23 ABC license to operate a small beer manufacturer and to allow an accessory tasting area with limited hours 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. Steve Rawlings, Applicant, Wel Dil, Partner, Randy Nelson, Partner and Brian Thomson, Brewer, were present to answer questions and concerns of the Planning Commission. Ken Hollingshead, local business owner, spoke in favor of the business owners and the project. Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution No. 26 -14 approving a Type 23 Alcoholic Beverage Control License to operate a small beer manufacturer and to allow an accessory tasting area with limited hours noting that the project is categorically exempt from CEQA. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED F Planning Commission October 20, 2014 3.3 CONDITIONAL USE PERMIT NO. 2954 -14 — FORTUNE COOKIE The applicant proposes to serve beer and wine at a new restaurant under a State Alcoholic Beverage Control (ABC) Type 41 License. LOCATION: 1407 E. KATELLA 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 an existing private structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution 30 -14 approving an ABC Type 41 ABC license for the purpose of selling beer and wine at a restaurant Discussion: Kelly Christensen Ribuffo, Associate 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. Rick Wang, 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. 30 -14 approving a Department of Alcoholic Beverage Control, Type 41 license for the purpose of selling beer and wine at a restaurant noting that the project is categorically exempt from CEQA. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa 1�1 7►`[t1� 111.91 Planning Commission October 20, 2014 3.4 CONDITIONAL USE PERMIT NO. 2956 -14 & ADMINISTRATIVE ADJUSTMENT NO. 217-14 - HOLLINGSHEAD'S DELICATESSEN The applicant is expanding an existing deli which includes 784 SF of interior space and a 500 SF outdoor patio area. The applicant is also proposing to display alcohol for sale in the interior space and serve alcohol in the outdoor patio area. A reduction in the required number of parking spaces is needed in order to accommodate the expansion. If the proposed CUP is approved, the existing CUP 1768 -89, which permitted a Type 41 ABC License, would be modified to include the new interior and outdoor patio area. LOCATION: 368 S. MAIN 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 licensing of alcohol sales at an existing deli. RECOMMENDED ACTION: Adopt Planning Commission Resolution 31 -14 approving a request to modify an existing CUP to allow alcohol display in the new interior space and serve alcohol in the new outdoor patio area and for the reduction of the required number of parking spaces to accommodate the expansion of the restaurant 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. Ken Hollingshead 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. PC 31 -14 approving a request to modify an existing Conditional Use Permit No. 1768 -89 to allow an alcohol display in the new interior space and serve alcohol in the new outdoor patio area and for the reduction of the required number of parking spaces to accommodate the expansion noting that the project is categorically exempt from CEQA. MOTION: Commissioner Steiner SECOND: Commissioner Buttress Planning Commission October 20, 2014 AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED Planning Commission October 20, 2014 3.5 CONDITIONAL USE PERMIT NO. 2958 -14 AND DESIGN REVIEW COMMITTEE NO. 4738-14 — JOHNSON RESIDENCE The applicant proposes to construct a 48 SF second story addition at the rear of a two -story single family residence in the Old Towne Historic District. The single family residence is a contributor to the Historic District. The property is zoned R -1 -6. Properties in the R -1 zones of the Historic District are limited to 1 1 /2 stories in height. A second story addition may be permitted subject to the issuance of a CUP. Because the project involves construction of a second story addition on an existing two -story building in the R -1 zone, it requires a CUP. LOCATION: 714 E. MAPLE AVENUE NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15331 (Class 31 — Historical Resource Restoration/Rehabilitation) because the project involves a small addition to an historic building in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. RECOMMENDED ACTION: Adopt Planning Commission Resolution 27 -14 allowing a 48 SF second story addition to a contributing building in the Old Towne Historic District Discussion: Marissa Moshier, Historic Preservation Associate 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. Jeff Frankel, Old Towne Preservation Association, stated that he supported this project. He asked for clarification why a CUP was required for this project. Leslie Roseberry, Planning Manager, stated that the standards and the code require a Conditional Use Permit for a second story. Staff has always interpreted that to include the expansion of a second story. Since we are still looking at a change in the envelope and they need to be very mindful of the amount that's added for that second story. Craig Wheeler, Architect was present to answer questions and concerns of the Planning Commission. Chair Steiner officially closed the public hearing. E Planning Commission October 20, 2014 A motion was made to adopt Planning Commission Resolution No.27 -14 to allow a 48 square foot second story addition to a contributing building in the Old Towne Historic District. The project is categorically exempt from the provisions of CEQA per State Guidelines Class 31 because the project is in compliance with the Secretary of Interior Standards. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa MOTION CARRIED 10 Planning Commission October 20, 2014 4. ADJOURNMENT: Planning Commission adjourned to the next regularly scheduled meeting on Monday, November 3, 2014. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Steiner, Buttress, and Gladson NOES: None ABSENT: Commissioners Cathcart and Correa Meeting adjourned at 8:24 p.m. MOTION CARRIED 11