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2013 - November 18Planning Commission November 18, 2013 Minutes Planning Commission City of Orange November 18, 2013 Monday 7:00 p.m. PRESENT: Commissioners Buttress, Steiner, Correa and Gladson ABSENT: None STAFF PRESENT: Leslie Roseberry, Planning Manager Gary Sheatz, Assistant City Attorney Jackie Bateman, Recording Secretary Anne Fox, Contract Planner REGULAR SESSION 1. OPENING: Chair Steiner called the meeting to order at 7:05 p.m. 1.2 FLAG SALUTE: Commissioner Correa led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION Dan Graupersperger spoke with regard to the proposed Power Plant Project located at Taft and the Santa Ana River. 1.5 CONTINUED OR WITHDRAWN ITEMS: None. 1.6 PLANNING MANAGER REPORT: None. 1.7 APPEAL ANNOUNCEMENT: Chair Steiner advised the audience of the City's appeal process. 1 Planning Commission November 18, 2013 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF OCTOBER 7, 2013 Motion was made to approve the minutes as written with 2 minor corrections. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Buttress, Correa & Gladson NOES: None ABSTAIN: Commissioner Steiner MOTION CARRIED 2.2 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF OCTOBER 21, 2013 Motion was made to approve the minutes as written. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None MOTION CARRIED 2 Planning Commission November 18, 2013 3. NEW HEARINGS: 3.1 CONDITIONAL USE PERMIT NO. 2901 -13 — EXPRESS MINI- MARKET The applicant is requesting an Alcoholic Beverage Control License Type 20 (Off -Sale Beer and Wine) and a Finding of Public Convenience or Necessity for an existing 1,097 square foot convenience market. LOCATION: 3848 East Chapman Avenue, Suite C NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15270 (Projects which Are Disapproved). CEQA does not apply to projects which a public agency rejects or disapproves. RECOMMENDED ACTION: Adopt Planning Commission Resolution 35 -13 denying a request for an ABC Type 20 License and a Finding of Public Convenience or Necessity at a market. Discussion — Contract Planner Anne Fox presented a project overview consistent with the Staff Report. Ricardo Nicol, address on file, spoke extensively on behalf of the applicant and answered questions from the Commissioners. The Pastor from the applicant's church in Garden Grove spoke as a character reference on her behalf. Sergeant Monjarez from the Orange Police Department answered questions from the Commissioners regarding criminal activity at the location of the mini - market. Sergeant Monjarez stated there were none at that specific location. A motion was made to adopt Planning Commission Resolution PC 39 -13, approving a Type 20 ABC License and making a Finding of Public Convenience or Necessity. Since the motion was for approval and the original resolution was for denial of the Conditional Use Permit, the project will be agendized on the December 2, 2013 Consent Calendar for approval of the Resolution and Conditions of Approval. MOTION: Commissioner Buttress SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa & Steiner NOES: Commissioner Gladson 3 Planning Commission November 18, 2013 4. ADJOURNMENT: Planning Commission adjourned to the next regularly scheduled meeting on Monday, December 2, 2013. MOTION: Commissioner Gladson SECOND: Commissioner Buttress AYES: Commissioners Buttress, Correa, Gladson & Steiner NOES: None Meeting adjourned at 8:15 p.m. MOTION CARRIED 4