2013 - March 18Planning Commission Meeting
Planning Commission
City of Orange
March 18, 2013
Page 1 of 9
March 18, 2013
Monday 7:00 p.m.
PRESENT: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
ABSENT: None
STAFF
PRESENT: Leslie Aranda Roseberry, Planning Manager
Anna Pehoushek, Principal Planner
Doris Nguyen, Associate Planner
Gary Sheatz, Assistant City Attorney
Sandi Dimick, Recording Secretary
REGULAR SESSION
Chair Steiner called the meeting to order at 7:01 p.m.
Roll Call
All Commissioners present.
PUBLIC PARTICIPATION
None
PLANNING MANAGER REPORT:
Planning Manager, Leslie Aranda Roseberry, stated there was nothing additional to
report.
Minutes
Chair Steiner reviewed the appeal process.
Planning Commission Meeting
Consent Calendar:
March 18, 2013
Page 2 of 9
(1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED
MEETING OF MARCH 4, 2013.
Commissioner Gladson made a motion to approve the meeting minutes from the March 4,
2013 Planning Commission meeting with corrections.
SECOND: Commissioner Buttress
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
Planning Commission Meeting
NEW HEARINGS:
March 18, 2013
Page 3 of 9
(2) CONDITIONAL USE PERMIT NO. 2895 -13 — WORLD MARTIAL ARTS
CENTER
The applicant proposes to teach Tae Kwon Do martial arts to children and adults in a
commercial center. A Conditional Use Permit is required for the school use.
LOCATION: 3505 E. Chapman Avenue, Ste. B & C
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 includes no expansion of the existing building.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution 13 -13 allowing a 2,040
SF martial arts school.
Associate Planner, Doris Nguyen, presented a project overview consistent with the Staff
Report.
Chair Steiner opened the hearing for questions to Staff.
Commissioner Gladson stated she had visited the shopping center where the proposed
business would be located. She asked if there would be shared parking with the adjacent
property owners?
Ms. Nguyen stated there was shared parking between the Stater Brother's parking lot and
there were several different owners all the way to the In and Out and Bagel Me parking
lots. For the use before them, it would not require shared parking because the proposed
business would use the same amount of parking as a retail use.
Commissioner Gladson stated often she would park in an area that was not in front of the
business that she was visiting and she wanted to ensure that she was not in some type of
parking violation.
Chair Steiner stated the classes would be held from 3:00 p.m. to 8:30 p.m. during the
week and from 9:00 a.m. to 11:00 a.m. on Saturday.
Chair Steiner opened the hearing for public comment and invited the applicant to address
the Commission.
Casey Mahoney, address on file, stated he would provide a quick introduction and then
the business owner was available for comment. He thanked the Commission for the
Planning Commission Meeting March 18, 2013
Page 4 of 9
opportunity to be present before them. He was the listing real estate broker for the
shopping center. He and his partners represented approximately 60 retail centers in and
around Orange County and they were very familiar with the goings on of tenants in the
market place. The space in question was one of two in the shopping center and the space
had been vacant for over 2 years. What he was currently finding was that the most
active category for tenants was food, entertainment and medical which had the highest
parking requirements for specific retail uses. In many cases, it was more encumbering
for owners and created an issue for a lot of centers. General retail or soft goods had taken
a back seat in the market place. Master Kim, who was the applicant, was an incredibly
qualified person who had extremely high ethics and had 2 existing locations; and more
importantly, had a quality use that he believed would enhance the center and help the
community. Mr. Kim had an excellent track record as his clients would attest to and he
believed in the use. If Master Kim was not able to locate at the shopping center, he was
not certain what else could be done with the vacant space.
Commissioner Gladson asked if there was a shared parking agreement with Stater
Brothers.
Mr. Mahoney stated he was not aware of a shared parking agreement, he understood that
the tenants shared space. If there was an issue he would have heard about it and he had
not heard that there were any issues.
Commissioner Gladson stated in visiting the center she observed a number of parking
signs that reserved spaces for particular uses. For example, there was a chiropractic
business and there were stalls marked for chiropractic patients only. The last time she
visited the center there had been a person who parked in one of those spaces that was
clearly an instructor at the 24 hour Fitness Center. Was that something that the property
management was okay with; to have exclusion provided to one tenant for parking spaces?
Mr. Mahoney stated they wanted customers to have access to businesses and if that
situation was provided to everyone, the parking would become too segmented. To his
knowledge it was not something he would advocate and something tenants had taken
upon themselves to do. At the center there were certainly peek hours and he understood
the situation, but in regard to restricted parking, it was not something they generally
permitted. With the use before them, generally parents would be dropping off students
and there would not be a line that occurred or any long term parking issues.
Commissioner Gladson stated the parking situation was not the applicant's issue, but as
the property owner was before her, it provided her with the opportunity to bring the issue
to his attention as she had noticed the situation in the shopping center as she was a
frequent patron at the shopping center.
Chair Steiner stated there were half hour gaps between classes which would also help.
Jae Kwon Kim, address on file, stated he was available for questions.
Planning Commission Meeting March 18, 2013
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Chair Steiner asked where his other operations were located.
Mr. Kim stated his headquarter site was in Yorba Linda, with another location in
Anaheim.
Chair Steiner asked if there were any questions for the applicant. There were none.
Chair Steiner brought the item back to the Commissioner for action or discussion.
Commissioner Grangoff made a motion to adopt PC Resolution No. 13 -13, approving
CUP No. 2895 -13 -World Martial Arts Center, subject to the conditions contained in the
Staff report and noting the items categorical exemption from CEQA.
SECOND: Commissioner Buttress
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
ABSTAIN: None
ABSENT: None
Commissioner Gladson stated she was pleased to support the action and the second and
her issues had been more for public awareness and for the owner's information. The
tight conditions that were contained in the resolution afforded protection for the tenant
and the rest of the tenants and the City had means to address issues if they should arise.
MOTION CARRIED
Planning Commission Meeting March 18, 2013
Page 6 of 9
(3) ORDINANCE AMENDMENT — DEVELOPMENT STREAMLINING
An ordinance amendment streamlining City review of development and use applications
related to home occupations, recurring temporary uses, Zoning Administrator Variances,
legal non - conforming garage dimensions, and wireless communication facilities.
LOCATION: Citywide
NOTE: The draft Ordinance Amendment is exempt from the
provisions of the California Environmental Quality Act
(CEQA) per State CEQA Guidelines Section 15305 (Class
5 — Minor Alterations in Land Use Limitations) because it
involves a modification to citywide and Old Towne -wide
standards rather than a specific development project or
focused geographic area.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution 10 -13
recommending City Council approval of an Ordinance
Amendment to streamline City review of certain
development and use applications related to home
occupations, recurring temporary uses, Zoning
Administrator Variances, legal non - conforming garage
dimensions, and wireless communication facilities.
Principal Planner, Anna Pehoushek, presented a project overview consistent with the
Staff Report.
Chair Steiner opened the item for any questions for Staff.
Commissioner Buttress stated she was pleased that the City was proposing the
amendment. Anytime it was easier for someone to get through the processes that were in
place was a benefit to the public. She thanked Staff for going forward with the
amendment and understood how time consuming the process was to re -write the
Ordinance.
Commissioner Grangoff stated he echoed the comments of Commissioner Buttress and it
was a good way to simplify the interaction between the public and their government. He
was pleased to see the home occupations sections and he asked how Staff had arrived at
no more than 1 client and was that a standard that was adopted from other cities?
Ms. Pehoushek stated Staff was looking at what would be reasonable and not come
across to neighbors as a business activity. As a practical matter, one visitor at a time was
selected as a natural occurrence of someone coming to visit a home; something with a
very low volume of activity.
Planning Commission Meeting March 18, 2013
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Chair Steiner stated he believed that persons having home businesses had not had large
gatherings or conferences and it was more of an individual situation and made sense with
more people having businesses via a cell phone. He thanked Staff for their efforts.
Chair Steiner opened the public hearing for public comment. There was none.
Chair Steiner closed the hearing to public comment and brought the item back to the
Commission for further discussion or a motion.
Commissioner Buttress made a motion to adopt PC No. 10 -13, recommending approval
to the City Council, Ordinance Amendment- Development Streamlining, subject to the
conditions contained in the Staff Report, noting the item was categorically exempt from
CEQA.
Chair Steiner stated he was not certain if there were students in the audience and he
wanted to express that the item before them was an important Agenda Item. There were
five very important areas that were being addressed with the Ordinance Amendment and
the public had very different view points on how the matters should be handled. Some
felt that Ordinances, such as the one before them, protected quality of life in the
community and had not wanted things loosened up; but quite often they heard that it
would be nice if the bureaucracy at all levels would become easier to work with and that
there would not be so many barriers to face. On an evening that there was a CUP before
them for a cell phone tower, there would be more people present and in reviewing the
agenda for the Ordinance Amendment that they had just discussed, it might be missed. It
was a very important policy issue for the City of Orange.
Commissioner Gladson stated the balance that had been presented in the ordinance was
the difficult part of writing code and it was complex. It was a challenge in finding the
balance and the amendment before them was the first of many that would come before
them and it was great. It was kind of like making sausage. Former Mayor Cavecche
would use that term when reviewing all the things and the implications they presented.
She commended Staff for doing such an excellent job in laying it out for the Commission
to understand. It was challenging and she supported the item.
Commissioner Buttress stated, for the students present, the motion was a
recommendation to the City Council and the item would go before the City Council for
City Council approval.
SECOND: Commissioner Gladson
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
Planning Commission Meeting March 18, 2013
Page 8 of 9
Additional Business:
Chair Steiner asked if there were any additional comments.
Commissioner Grangoff stated, as some of them might already understand, with the
recent election of a new City Council there had been a request from a Council Member to
have their own Commissioner appointed. At the Mayor's request, he was resigning his
position on the Planning Commission. His resignation would be effective March 31,
2013. He wanted to take this opportunity to thank former City Council Member Jon
Dumitru for appointing him to serve and his council colleagues for confirming the
appointment. It had been a real honor and a privilege to serve on the Commission. A
very important value for the country and for him personally was property rights. Serving
as a Planning Commissioner provided him the opportunity to advocate for those rights. It
was something that he had done during the last 2 years. He wanted to thank the City of
Orange's Staff and in particular Leslie, Gary, and Anna. There were times when the
Commission had not agreed with Staff's recommendation and during those rare times
when there had been disagreement, Staff had worked with the Commission to make their
will be done. He wanted to thank his colleagues and many of the members that served
the City in the capacity of Planning Commissioners for a longer term and he appreciated
their willingness to listen to the "new guy ". It had been a real honor to work with all of
the Commissioners, Adrienne, Pat, Bill and in particular Chair Steiner who had been a
mentor and he appreciated and thanked him for that; and he wanted to thank all the
Commissioners.
Commissioner Buttress stated it had been a real pleasure and it had been delightful
getting to know him. Commissioner Grangoff had been an asset to the Commission and
she would miss his presence.
Chair Steiner stated it had been a great Commission to Chair for the last few years. They
respected each other, they had different viewpoints and they had a good chemistry. He
had served on a lot of boards and it was a good Commission to serve on and with Staff's
support, with Gary as their attorney and Leslie for her role. Having Ray on the
Commission had been refreshing and he had a significant viewpoint of public policy and
when he had heard that Ray had been elected to a School Board at the age of 18, that was
one of the toughest boards to be elected on, he had realized how fortunate the
Commission was to have him. Knowing that Ray was a policy advisor for County
Supervisor Pat Bates and the importance of that role, it had been a blessing to have him
serve on the Commission. Chair Steiner stated he had enjoyed having Commissioner
Grangoff serve with them and he knew that he would be wrapped up in the community
and the interesting arena of public policy and he wished him well.
Planning Commission Meeting
(4) ADJOURNMENT
March 18, 2013
Page 9 of 9
Commissioner Buttress made a motion for adjournment to the next regular scheduled
meeting of the Planning Commission on Monday, April 1 2013.
SECOND: Commissioner Gladson
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
Meeting Adjourned @ 7:33 p.m.