2012 - September 5Planning Commission Meeting
Minutes
September 5, 2012
Page 1 of 9
Planning Commission September 5, 2012
City of Orange APPROVM Wednesday 7:00 p.m.
PRESENT: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
ABSENT: None
STAFF
PRESENT: Leslie Aranda Roseberry, Planning Manager
Robert Garcia, Associate Planner
Doris Nguyen, Associate Planner
Gary Sheatz, Assistant City Attorney
Sandi Dimick, Recording Secretary
REGULAR SESSION
Chair Steiner called the meeting to order at 7:00 p.m.
Flag Salute.
Roll Call
All Commissioners present
PUBLIC PARTICIPATION
None
PLANNING MANAGER REPORT:
Commissioner Grangoff led the
Chair Steiner stated there were no continued or withdrawn items.
Planning Manager, Leslie Aranda Roseberry, stated there was a Staff Member, Associate
Planner, Robert Garcia, currently participating in the DRC Meeting. She asked if it
would be o.k. to begin with item 3 to allow Mr. Garcia to complete his discussion at the
DRC Meeting.
Chair Steiner agreed with the request for a change in the order of the agenda.
Planning Commission Meeting
Consent Calendar:
September 5, 2012
Page 2 of 9
(1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED
MEETING OF AUGUST 20, 2012.
Commissioner Gladson made a motion to approve the meeting minutes from the August
20, 2012 Planning Commission meeting as written.
SECOND:
Commissioner Buttress
AYES:
Commissioners Buttress, Cathcart, Gladson, and Steiner
NOES:
None
ABSENT:
Commissioner Grangoff
MOTION CARRIED
Chair Steiner provided information on the appeal procedure.
Planning Commission Meeting
New Items•
September 5, 2012
Page 3 of 9
(2) CONDITIONAL USE PERMIT NO. 2866 -12 — FARMERS AND ARTISANS
MARKET
The applicant proposes to host a permanent yearly Farmers and Artisans Market at the
Chapman University Villa Park Orchard (VPO) Parking Lot located at the northwest
corner of Cypress Street and Palm Avenue. The proposal includes up to 45 total vendors
which will be open to the public between 9:00 am to 1:00 pm. with live entertainment.
LOCATION: 304 North Cypress
NOTE: The proposed project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per State
CEQA Guidelines Section 15304 (Class 4 — Minor Alterations to
Land).
RECOMMENDED ACTION:
The proposed project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per State
CEQA Guidelines Section 15304 (Class 4 — Minor Alterations to
Land). Associate Planner, Doris Nguyen, presented a project
overview consistent with the Staff Report.
Associate Planner, Robert Garcia, presented a project overview consistent with the Staff
Report.
Chair Steiner asked if there were any questions for Staff or any additional information
submitted. There was none.
Chair Steiner opened the meeting for Public Comment and invited the applicant to
address the Commission.
Megan Penn, address on file, stated she wanted to thank the Commission for everything
they did for the City and she wanted to thank Mr. Garcia for putting the presentation
together for them. The only comment that she had was that she wanted something added
to the Resolution and she would read that for the record. She asked to add the following
language "whereas the Farmers and Artisans Market may only operate at this location per
the facilities agreement in place between Chapman University and Farmers and Artisans
Market. Chapman University has the authority to terminate this agreement per their
agreement terms ". Ms. Penn stated the reason that they were requesting additional
language was that they had a facilities agreement in place currently with Chapman
University. Chapman University had been very generous and so supportive of their
market; however, the market could not run without the agreement in place. She wanted
to have that as part of the Resolution to ensure Chapman's comfort. Chapman University
donated the location and absorbed the cost of the restroom facilities and provided coffee
Planning Commission Meeting September 5, 2012
Page 4 of 9
and pastry at the market for them as well. They had a great working relationship and she
wanted to maintain that.
Chair Steiner asked if there were any questions for the applicant. There were none.
Chair Steiner asked Mr. Garcia to address the changes as requested by the applicant
regarding the facilities agreement with Chapman University.
Mr. Garcia stated he thought the information requested to be added would be between the
property owner and the market organizers, and not pertain to an agreement with the City
of Orange.
Planning Manager, Leslie Aranda Roseberry, stated Assistant City Attorney, Gary
Sheatz, had stepped out of the room when Ms. Penn had read her information for the
record and it may need to be re -read. It would be an unusual thing to put into the
Resolution and she was not certain if it was appropriate and legal and she would leave
that up to the City Attorney.
Assistant City Attorney, Gary Sheatz, stated the recitals or whereas' that they were
referring to laid the groundwork for the framework of the action that would be taken.
The things that had legal significance were in the findings and in the conditions. The
recitals had not had the legal significance, but offered the background so to speak. If the
Commission chose to fashion an additional recital that would please the applicant or
please the Commission they were free to do that. If they had not wanted to add it, they
would not need to add it. From a legal standpoint it would not lend much.
Chair Steiner asked the applicant if the additional language would make Chapman more
comfortable.
Ms. Penn stated yes.
Chair Steiner asked if the language could be added as a condition.
Mr. Sheatz stated no, they could add it in the recital portion and not as a condition. It
would be added in the recital section to tell the story.
Commissioner Gladson asked if the language to be added could be re -read.
Ms. Penn stated "whereas the Farmers and Artisans Market may only operate at this
location per the facilities agreement in place between Chapman University and the
farmers and artisans market. Chapman University had the authority to terminate the
agreement per their agreement terms ".
Mr. Sheatz asked to see the written language.
Ms. Penn handed Mr. Sheatz a copy of the proposed language.
Planning Commission Meeting September 5, 2012
Page 5 of 9
Mr. Sheatz stated the only thing that concerned him was the language "may only operate
at this location ". It was restrictive language and read more like a condition as opposed to
a recital. He suggested that the language could be modified a bit to state that the farmers
and artisans market and Chapman University had agreed that..., to add such language
that told a story about the property owner and the operator on site, opposed to stating that
they may only operate at that location.
Chair Steiner stated to just state the facts.
Ms. Penn stated her concern was that it needed to be clear that the only way that they
would be able to operate the market at the current location was through a facilities
agreement with Chapman University.
Mr. Sheatz stated language could be created stating the operation of the market was
subject to an agreement between Chapman University and the market operators.
Commissioner Cathcart asked if the language in the resolution that stated permanent
created a conflict.
Mr. Sheatz stated it would appear that it would be in conflict and maybe if the language
was changed to read that the market could operate subject to an agreement between the
property owner and the market operator.
Commissioner Cathcart stated he had spoke with one of the Board Members at Chapman
University and they were wanted the added whereas language added to the Resolution.
Chair Steiner stated that they would be approving a Conditional Use Permit, and it went
without stating that it would be permanent, it was meant for the long haul; subject to the
market's relationship with Chapman University. He would almost want to just strike the
word permanent.
Chair Steiner asked if there was anyone else that wished to speak on the item. There
were no other speakers.
Commissioner Gladson asked Ms. Penn if the time frame provided for in the CUP
allowed for adequate time for set up and the arrival of vendors.
Ms. Penn stated it was definitely not too tight on the back end and the market closed at
1:00 p.m. with the vendors being out by 2:00 p.m. The market started to die down by
12:00 p.m. and many of the vendors arrived by 8:00 to 8:15 a.m. and it was a pretty
smooth process.
Chair Steiner asked if the applicant was in agreement with the 24 Conditions of
Approval.
Planning Commission Meeting September 5, 2012
Page 6 of 9
Ms. Penn stated they were and there was one condition she wanted to address. Condition
No. 6; that required a security guard on site; and they were fine if that needed to remain
in the CUP. They had access to Chapman's 24 hour security and they were visible at the
market. They also had 4 Board Members present all of the time as well as their market
manager. They had not had any incidents that had required security being called.
Chair Steiner asked if they had security personnel at the market.
Ms. Penn stated they had a person that was a volunteer who also sat at the information
booth.
Commissioner Grangoff asked if the condition required a paid security guard.
Mr. Garcia stated no. Just that someone in a security uniform be present.
Ms. Penn stated on Condition No. 2 she had hoped to add language that would allow
movement to another site for their use. The issue was that the location they currently
operated in was not a permanent location and Chapman had plans to build at the location
they currently used. Chapman had expressed interest in re- locating the market; their
concern was the need to return to the Planning Commission in 6 months and they were
trying to build something into the CUP.
Mr. Garcia stated a CUP ran with the land and if the market moved a new CUP would
need to be obtained for the new location.
Chair Steiner asked Mr. Sheatz if he had crafted the language to be added.
Mr. Sheatz stated he believed he had something that could be added to the 4 th recital. He
read: "whereas the farmers and artisans market and Chapman University agree that the
market can only operate at this location subject to a facilities agreement and Chapman
University had the authority to terminate the agreement according to the agreement's
terms."
Commissioner Cathcart stated he believed the word permanent should be removed.
Mr. Sheatz stated that was a good catch and if they would be adding language; then they
might want to clean up the title a little bit.
Chair Steiner brought the item back to the Commission for further discussion or action.
Commissioner Grangoff made a motion to adopt PC Resolution No. 34 -12, approving
CUP No. 2866 -12- Farmers and Artisans Market, subject to the conditions contained in
the Staff Report and noting the item's categorical exemption from CEQA. The
Resolution would include the language as presented by Mr. Sheatz.
SECOND: Commissioner Gladson
Planning Commission Meeting September 5, 2012
Page 7 of 9
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
MOTION CARRIED
Planning Commission Meeting September 5, 2012
Page 8 of 9
(3) CONDITIONAL USE PERMIT NO. 2876 -12 — WIELGOS RESIDENCE
The applicant proposes to host a permanent yearly Farmers and Artisans Market at the
Chapman University Villa Park Orchard (VPO) Parking Lot located at the northwest
corner of Cypress Street and Palm Avenue. The proposal includes up to 45 total vendors
which will be open to the public between 9:00 am to 1:00 pm. with live entertainment.
LOCATION: 206 South Center
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 is to construct a 66 SF bathroom, with a toilet, sink and
shower within an existing 300 sq. ft. accessory structure.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution 36 -12 permitting a toilet,
sink and shower within a 300 SF detached accessory structure
upon property zoned R -1 -6.
Associate Planner, Doris Nguyen, presented a project overview consistent with the Staff
Report.
Chair Steiner opened the item for any questions for Staff and asked if there was
additional information submitted? There was none.
Chair Steiner opened the item for Public Comment and invited the applicant to address
the Commission.
Peter Wielgos, address on file, stated he had been working on the home since December,
when he had purchased the home from the City. The home had been in considerable
disrepair and they had taken the home to the studs internally. The home was very nice
and livable now, but they had an extra facility that was attached by a breezeway and they
had intended to have additional useable space. As it was close to the campus, it would be
a good place to study or for other things. He would appreciate the Commission's
consideration in approving the variance and he looked forward to getting the project
wrapped up and making the area look better.
Chair Steiner asked if there were any questions for the applicant. There were none.
Chair Steiner brought the item back to the Commission for action or a motion.
Commissioner Buttress made a motion to adopt PC Resolution No. 36 -12, approving
CUP No. 2876- 12- Wielgos Residence, subject to the conditions contained in the Staff
Report, and noting the item's categorical exemption from CEQA.
Planning Commission Meeting
September 5, 2012
Page 9 of 9
SECOND: Commissioner Cathcart
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
(4) ADJOURNMENT:
MOTION CARRIED
Commissioner Buttress made a motion for adjournment to the next regular scheduled
meeting of the Planning Commission on Monday, September 17, 2012.
SECOND: Commissioner Grangoff
AYES: Commissioners Buttress, Cathcart, Gladson, Grangoff and Steiner
NOES: None
MOTION CARRIED
Meeting Adjourned @ 7:28 p.m.