Loading...
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None PLANNING MANAGER REPORT: Commissioner Grangoff led the Chair Steiner stated there were no continued or withdrawn items.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.