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2013 - April 1Page 1 of 11 Minutes Planning Commission April 1, 2013 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Buttress, Cathcart, Gladson, and Steiner ABSENT: None STAFF PRESENT: Leslie Roseberry, Planning Manager Doris Nguyen, Associate Planner Gary Sheatz, Assistant City Attorney Sharon Penttila, Recording Secretary REGULAR SESSION Chair Steiner called the meeting to order at 7:01 p.m. ROLL CALL: All Commissioners present. PUBLIC PARTICIPATION Dan Graupensperger came forward to address the Commission. It was his understanding that the staff has or will soon be contacted by the Fairfield Development Company about their plan to develop the OUSD property at Meats and Canal, the old Peralta School site. The OUSD just held a closed session with the intent of moving forward with the Fairfield proposal. It was a closed session and he did not have the details but what he heard through the grapevine, they already have a plan and approved it at that meeting. He does know this company has been selected by the OUSD to develop the Peralta property with the intent to generate revenue for the school district. Earlier this year Fairfield made a presentation to the citizens around the Peralta site. Fairfield representatives showed the group a project outline that included 380 apartment units in three -story buildings with a small commercial component on the corner of Meats and Canal. Both Fairfield and the OUSD have acknowledged in public that the project does not meet the current zoning and they plan to persuade the City to change the zoning to fit the proposed project. The school board president has been selling this project to the public in many forms over the last few years as the way to balance the school district budget. However, the citizens in the neighborhood surrounding the site do not believe the school district's inability to balance their budget is a sound basis for designing zoning designation or City development. He was there to inform the Commission of two things. First, a neighborhood group tried to persuade the OUSD to consider other options, offered help to develop alternative uses that would create revenue but they did not discuss alternatives with them. Second, most, if not all, of the neighborhood residents surrounding the Peralta site do not want to see the zoning of Peralta property changed, nor do they want to see yet another apartment complex developed in the neighborhood. His group is creating an email list of residents that are against Page 2 of 11 changing the Peralta site zoning. Currently this list is around 150 households and it grows a little each week as they make more of the local residents aware of the OUSD development plan. He is there representing the group to this Commission, the rest of the group is meeting at a local church to discuss how they can keep their neighborhood the way it is. Tonight the group is taking the first step in creating a formal association and will soon hold elections to create a board of directors. As a group or as individuals, they have discussed the OUSD plan with local realtors, City Council candidates, Planning Commission members, California State of Board Education staff and some current OUSD board members. In every case they have said the proposed project is a bad idea. In considering this project, he urged the Commission and the staff to do so based on good City planning, what the citizens most impacted want, and what is best for the City of Orange. To be sure their message is clear, the greater Peralta School neighborhood does not want the Peralta site, school site zoning change nor do they yet want another apartment complex built on the site. He knew it was jumping the gun but the Commission would be getting it soon. Chair Steiner said they obviously couldn't take any action on an off - agenda item and the Commission's involvement currently is reading the newspaper and hearing what people have to say. He confirmed with Ms. Roseberry that nothing has been set with the City. Ms. Roseberry, Planning Manager, stated she wanted to pass along her business card to Mr. Graupensperger. She has had interaction with other residents and has tried to get her email address out in case anyone wants to be put on the list she is compiling. She indicated there has been no application submitted at this time. When it does, at that point she will assign it to a specific planner who will be working for her on the project. In the meantime, residents are free to contact her if they have any questions. Mr. Graupensperger said the goal of creating the association is so they won't have to listen to 50 of them. They will have just one person. Commissioner Gladson stated that perhaps the Planning Manager would want to outline hypothetically, not even using this particular idea or project, in terms of a potential timeline if an application was submitted. Ms. Roseberry said there are many variables for any application of that size; talking about a zone change, general plan amendment and a project with a number of dwelling units. They are anticipating the environmental impact report would have to be prepared so you'd be looking along the line of a year. It could be less time if it's prepared well and quickly; more time if it takes more review. She has sent an email to Mr. Columbo that detailed the process. She intends to make sure the residents are informed, that they understand what the process is, and the staff is fully available to answer questions. PLANNING MANAGER REPORT: Leslie Roseberry, Planning Manager, stated there was nothing additional. Chair Steiner reviewed the appeal process. Page 3 of 11 Consent Calendar: (2) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED MEETING OF MARCH 18, 2013. Commissioner Buttress made a motion to approve the meeting minutes from the March 18, 2013 Planning Commission meeting as written. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Cathcart, Gladson, and Steiner NOES: None MOTION CARRIED Page 4 of 11 (3) New Hearings: 3.1 CONDITIONAL USE PERMIT NO. 2858 -12 — HORIZON CROSS CULTURAL CENTER The applicant proposes to host classes for adults and children in an office building, which currently exceeds the Code required number of parking spaces for an office. A Conditional Use Permit is required for the school use and for the code alternative parking standards proposed. LOCATION: 3707 W. GARDEN GROVE BLVD. 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 14 -13 allowing a school at 3707 W. Garden Grove Boulevard. Commissioner Buttress had a disclosure. She explained that Southern California Edison has a corporate charitable organization that at the end of the year, if they have not spent all of their stockholder dollars for charitable contributions, they will look over some of them that have put in requests for money and apparently make selections. Once the selections are made, then they hand it to the region manager to deliver. She was the one to have the opportunity to deliver a very nice check to the Horizon Cross Cultural Center but she had nothing to do with the selection of them and that need to be made known into the record so no one thinks she's voting on something that she helped present $25,000 to. Mr. Sheatz confirmed she did not need to recuse herself. Doris Nguyen, Associate Planner, presented a project overview consistent with the Staff Report. She indicated they have not received any public comments on this application and the application is categorically exempt from CEQA. Chair Steiner asked if there were any questions for staff and there were none. He confirmed that no communications had been received on this item. Public hearing was opened. Chris Phan, address on file, came on behalf of their board, staff, and thousands of refugees who they have helped through the years. In the audience was Jeff Cook, one of their board members and two staff members. He was honored to be part of the board in 2007. When they began, it was in one of the annexes in a church in Garden Grove. Soon thereafter they were Page 5 of 11 able to rent a building of their own in Garden Grove and they expanded their services to help much more than before. Last year they were able to buy their own building in Orange and they can serve more people. They serve the elderly, the immigrants, and those in need of service the most. As a former immigrant himself, he wished he had something like this when he came to America. Horizon is a diamond in the rough and by having these opportunities for the immigrants and the new arrivals in America, they happen to offer what America is known for, which is opening their arms to the free world. By having the Conditional Use Permit for 75 students and staff they can continue to give the citizenship class and the English as a second language class to help more immigrants and refugees. The Center has ample parking spaces and as far as the number of staff that may conflict with the parking, they do offer transportation for the seniors because a lot of their staff is mobile and a lot of the students are dropped off by their loved ones. Most of the people come by public transportation, are dropped off, and the staff is mobile. On the Board and the Center's behalf, he is asking to grant their Conditional Use Permit to continue to serve the people of Orange and Orange County. Commissioner Buttress felt the staff report was very thorough. Commissioner Gladson wanted to confirm that most of the visitors are not driving and perhaps a lot of them are seniors. Mr. Phan stated they do a lot of services providing mobility for seniors. They have quite a few people that come by public transportation and other means that does not involve a vehicle. Most of the time the Center's parking lot is half empty because of that reason. Commissioner Buttress had seen in the staff report that they have teachers that will be teaching the newer classes who are already there at the Center and are, therefore, parking as part of the staff parking so they will not require additional spots. Mr. Phan stated they have been in tune with the needs of the neighbors and when they get complaints of any kind, they address it and to his knowledge they have never had an issue with parking. Commissioner Cathcart wanted to clarify that Mr. Phan had read the conditions of approval and they have no problem with any of them. Mr. Phan replied yes. Commissioner Cathcart felt it is a unique place. Commissioner Buttress stated it is a beautiful facility and she was glad she was the one to deliver the check. It was a challenge finding it. Mr. Phan said they now have the name plates so it's not so hard to find. Chair Steiner closed the public hearing. Page 6 of 11 Commissioner Buttress made a motion to adopt PC Resolution No. 14 -13 entitled resolution of the Planning Commission approving Conditional Use Permit 2858 -12 allowing Horizon Cross Cultural Center to have a school at 3707 W. Garden Grove Boulevard and it is categorically exempt from CEQA. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Cathcart, Gladson, and Steiner NOES: None MOTION CARRIED Page 7 of 11 3.2 CONDITIONAL USE PERMIT NO. 2892 -13 AND ADMINISTRATIVE ADJUSTMENT 202 -13 — JEFF'S RESTAURANT The applicant proposes to open a new restaurant called Jeff's Restaurant and requests an Alcoholic Beverage Control (ABC) Type 47 License (On -Sale General for a Bona Fide Public Eating Place). LOCATION: 1904 N. TUSTIN STREET 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: A resolution will be provided in the future based on the Planning Commission action. Doris Nguyen, Associate Planner, presented a project overview consistent with the Staff Report. The area is not considered high crime, however, it is over concentrated for both on- sale and off -sale licenses. For this reason, the Police Department is recommending denial of the application. Staff received one written public comment in support of the application which is included in the staff report and one other verbal comment asking whether the addition of this license would affect his ability to reapply for an off -sale license which was previously denied. Staff responded that the two businesses are in two different census tracts and different police reporting districts. Also on -sale and off -sale licenses are viewed differently. That person was in attendance at this meeting. The project is categorically exempt from CEQA. She stated both she and Sergeant Monjaraz from the Police Department were available for questions. Commissioner Gladson, for her general curiosity, wanted to know how many census tracts there are overall in the City of Orange stating the population is 140,000. Sgt. Monjaraz stated those census tracts are identified through Alcohol Beverage Control and he didn't know the answer to how many census tracts there are in Orange. He explained that the census tract is one of the larger ones and it extends from the area near Katella all the way north just south of Heim so it incorporates the area of the Village at Orange, where a lot of these alcohol licenses are. Chair Steiner stated the police report explains it's not a high crime area. The Sergeant confirmed that and said that it is 6% below the average. Commissioner Gladson wondered if crime has gone down from 2010, 2009 in this census tract and now it's below the 6% average. She asked if it's trending down and the Sergeant didn't know. Page 8 of 11 Sgt. Monjaraz told Chair Steiner the census tract is split right down the center of Tustin. East and West Tustin are separate census tracts and extends all the way to Heim. Commissioner Buttress said there are quite a few at Tustin and Katella at the Tuskatella Center. Sgt. Monjaraz wasn't sure if it went that far. He clarified it was south of Meats to Taft and it goes past the Village Mall. It incorporates Marty's Sports Bar which is located right at Taft and goes north to incorporate Wa1Mart and some of the other locations at the Village at Orange. Ms. Nguyen clarified the reference to the east side. She explained the Planning Division looks at a 600' radius and it's a circle so it would include a portion of the east side of Tustin even if it's not in the census tract. She explained the mailing radius is only 300'. Chair Steiner opened the public hearing. Jeff Gagnon, applicant, explained he wants to open a steak /seafood restaurant in Orange. He would like to do this in Orange and it would be a good mix. He plans on employing students from Chapman University which he did at Tustin Ranch. He believes in fresh food and quality. He had a great working relationship with the Tustin Police Department. Chair Steiner brought the questions back to the Commission. Commissioner Gladson wanted to ask about the parking question. She stated there is a little bit of a shortfall in parking in the center. She asked the applicant if his business would be able to proceed with this minor reduction based on its size and how his customers can get to him. She was familiar with the Darla Restaurant and she knows that restaurant gets busy. She asked what his feeling was on the Administrative Adjustment as well. Mr. Gagnon said he had the same concern and spent three months looking for this location. There are 127 parking spots in the back and on the side. He noted the gun shop has been busy lately and he was concerned about that. There is plenty of parking. The side is completely empty and behind his building he plans on using as an entrance and exit. Behind the next set of buildings, there is additional parking. Commissioner Gladson said his employees would do right from wrong by directing them where to park. In her experience, it's the employees who take up the prime parking spaces, and that is a challenge. Mr. Gagnon said this was in his handbook he's writing now where they will park way in the back. And no employee will walk alone after work. Chair Steiner asked what the square footage of the restaurant was and he is told the actual square footage of the dining area is 717 square feet and the applicant is building a second bathroom. Chair Steiner asked what the applicant thought of the Police Department recommendations. Mr. Gagnon was disappointed and felt that's one relationship he would have to earn with them. He'll make sure there is no underage drinking, won't allow staff to drink while working and Page 9of11 will have glasses marked for sodas and non alcoholic drinks. He has read the rules and regulations the Police suggested. He understands why they are doing it because of the number of liquor licenses but he has done his homework and doesn't feel there is a county in California that isn't saturated with liquor licenses according to the ABC. They said if he is lucky enough to get the Conditional Use Permit, they are ready to issue the license. Commissioner Buttress indicated there are 51 conditions between the Community Development Department and Orange PD. She confirmed he had read what the Community Development conditions were and he stated he was in agreement with all the conditions. They are reasonable requests and he thinks they will be very happy when he opens up. It will be a great addition to the community. Commissioner Buttress stated the restaurant is a great concept and she had been at the Tustin Ranch Golf Course and the food was outstanding. Chair Steiner asked if anyone else cared to speak for or against this item. There being none, he brought it back to the Commission. Commissioner Cathcart said it was refreshing to see a responsible individual be so comprehensive in his thought process and the planning of his business. He couldn't think of any reason not to support the item. Commissioner Buttress wanted to understand it correctly with all the options, that Option D would be the correct option. Commissioner Buttress made the option that they approve the parking and alcohol CUP and asked for direction. Ms. Roseberry stated the Commission would direct the staff to prepare a resolution with the conditions that are reflected in the Police memo and the conditions mentioned in the staff report. That's enough for the motion and then it will need to be brought back for signature by the Chair. Mr. Sheatz only concern was they have been provided conditions that apply to this in two different areas, one from the Planning perspective and one from the Police as well. If the Commission is in agreement with the conditions in both areas, staff can, based on the comments made tonight and based on testimony that has been entered into record, draft findings based on those comments and fold those conditions over into the resolution. In that case, it wouldn't have to be brought back for an action; it could be signed by the Chair. Commissioner Buttress said that would be her motion so Jeff could move on with what he is trying to do and it is categorically exempt from CEQA. Commissioner Gladson added if there could be appropriate facts in the resolution that support the findings for a CUP, that the geography and the size of the census tract and the fact that it is a concentrated area for commercial activity, is justification for granting this additional license and add crime rate is not higher than the rest of the City average. If crime was really bad, they would have an opportunity to look at it a little more tightly. Page 10 of 11 Chair Steiner stated they recently did in terms of the off -sale beer and wine up the street on Tustin and they did not approve that one. Commissioner Gladson said that is a little different type of use in terms of land use for her when dealing with an off -site location or tavern or bar but this is a restaurant serving food. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Cathcart, Gladson, and Steiner NOES: None MOTION CARRIED Commissioner Gladson wanted to throw out for future information that maybe it would be helpful to have all the citywide census information for the last item and maybe they look at a possible study session. With a new commissioner coming on board, they may want to have a little bit more understanding on all of this. She totally respects the Police Department and understands where they come from on recommendations. She also announced there is the 125"' Anniversary on Saturday for the City of Orange and to come to the birthday party on Saturday at noon and wear orange. Page 11 of 11 (4) Adjournment: Chair Steiner made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, April 15, 2013. SECOND: Commissioner Buttress AYES: Commissioners Buttress, Cathcart, Gladson, and Steiner NOES: None Meeting Adjourned @ 7:36 p.m.