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2013 - October 21Planning Commission October 21, 2013 Minutes Planning Commission City of Orange October 21, 2013 Monday 7:00 p.m. PRESENT: Commissioners Buttress, Steiner, Correa and Gladson ABSENT: None STAFF PRESENT: Chad Ortlieb, Senior Planner Anna Pehoushek, Principal Planner Anne Fox, Contract Planner Gary Sheatz, Assistant City Attorney Jackie Bateman, Recording Secretary REGULAR SESSION 1. OPENING: Chair Steiner called the meeting to order at 7:02 p.m. 1.2 FLAG SALUTE: Commissioner Buttress led the flag salute. 1.3 ROLL CALL: All Commissioners were present 1.4 PUBLIC PARTICIPATION None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORT: Senior Planner Chad Ortlieb announced that Associate Planner Doris Nguyen was no longer with the City. 1.7 APPEAL ANNOUNCEMENT: Chair Steiner reviewed the appeal process. 1 Planning Commission October 21, 2013 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF SEPTEMBER 16, 2013 Motion was made to approve the minutes as written. MOTION: Commissioner Buttress SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Correa, and Gladson NOES: None MOTION CARRIED Planning Commission October 21, 2013 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2907 -13; DESIGN REVIEW COMMITTEE NO. 4689 -13; AND MINOR SITE PLAN REVIEW NO. 0740-13 — MIGUEL'S JR The applicant proposes to construct a 2,868 SF quick serve restaurant with a drive through. LOCATION: 1325 N. Tustin Street NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303 (Class 3 — New Construction or Conversion of Small Structures) because the project is a new restaurant not exceeding 10,000 SF in an urban area and all necessary public services and facilities are available. In addition, the surrounding area is not environmentally sensitive because it is a commercial corridor. RECOMMENDED ACTION: Adopt Planning Commission Resolution 35 -13 approving the construction and operation of a 2,868 SF quick serve restaurant with a drive through. Discussion - Senior Planner Chad Ortlieb presented a project overview consistent with the Staff Report. Javier Vasquez, owner of the establishment and Kevin Anderson, owner of Tuskatella Shopping Center spoke briefly and answered questions from the Commissioners. Motion was made to adopt Planning Commission Resolution 35 -13 approving the construction and operation of a 2,868 SF quick serve restaurant with a drive through with modification to Condition #50 changing the last sentence to read "Prior to the installation of any panels or public art, a review for architectural compatibility shall first occur by the Design Review Committee ". There was also a motion to modify Condition #51 stating that the full sign should match the colors of the building and that the pole should be changed from gray to a muted tone so it appears to be invisible. The Commissioners also noted that the DRC should look towards the compatibility of the building and the compatibility of making it look more like an artistic element; noting they should pay more attention to architectural compatibility than the imagery. 3 Planning Commission October 21, 2013 MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None Planning Commission October 21, 2013 3.2 CONDITIONAL USE PERMIT NO. 2917-13 — ORANGE COUNTY AIKI -KAI The applicant proposes to teach martial arts to children and adults in a tenant space of a commercial center. A CUP is required for the school use. LOCATION: 610 E. Katella Avenue NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) in that the project involves the leasing of an existing private structure with negligible expansion of use. RECOMMENDED ACTION: Adopt Planning Commission Resolution 38 -13 approving a martial arts studio for children and adults in a commercial center. Discussion — Contract Planner Anne Fox presented a project overview consistent with the staff report. Brandon Guadan, owner of the establishment spoke briefly. There were no questions from the Commissioners. Motion was made to adopt Planning Commission Resolution 38 -13 approving a martial arts studio for children and adults in a commercial center. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None 5 Planning Commission October 21, 2013 3.3 ZONE CHANGE 1271 -13 — OLD TOWNE MULTI - FAMILY GENERAL PLAN /ZONING CONSISTENCY The City of Orange General Plan update was adopted in March, 2010. Certain portions of the Old Towne Land Use Focus Area have had long- standing General Plan- Zoning inconsistencies. The subject Zone Change addresses zoning inconsistencies on properties with Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) General Plan land use designations carried forward from the 1989 General Plan to the 2010 General Plan update. The affected properties are presently zoned Single Family Residential (R -1 -6), Duplex Residential (R -2 -6), and Limited business (C -1). State law and the City's General Plan Implementation Plan require consistency to be established between the General Plan Land Use Designation and Zoning classifications. The Zoning classifications that correspond to the LMDR and MDR General Plan land use designations that are appropriate for the affected areas are Duplex Residential (R- 2) and Multiple- Family Residential (R -3). Zone Change 1271 -13 establishes General Plan and Zoning consistency for the affected properties. LOCATION: Properties in the Old Towne Orange 2010 General Plan Land Use Focus Area NOTE: Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for purposes of CEQA. RECOMMENDED ACTION: Adopt Planning Commission Resolution 37 -13 recommending the City Council approve Zone Change 1271 -13 and adopt an Ordinance rezoning properties in the Old Towne Orange 2010 General Plan Land Use Focus. Discussion — Principal Planner Anna Pehoushek presented a project overview consistent with the staff report. There were no questions from the Commissioners. Motion was made to adopt Planning Commission Resolution 37 -13 recommending the City Council approve Zone Change 1271 -13 and adopt an Ordinance rezoning properties in the Old Towne Orange 2010 General Plan Land Use Focus Area. 6 Planning Commission October 21, 2013 MOTION: Commissioner Correa SECOND: Commissioner Buttress AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None Planning Commission October 21, 2013 4. ADJOURNMENT: Planning Commission adjourned to the next regularly scheduled meeting on Monday, November 4, 2013. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Buttress, Correa, Steiner and Gladson NOES: None MOTION CARRIED Meeting adjourned at 7:49 pm