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2012 - September 17Planning Commission Meeting September 17, 2012 Page 1 of 9 Minutes Planning Commission September 17, 2012 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Buttress, Gladson, Grangoff and Steiner ABSENT: Commissioner Cathcart STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Doris Nguyen, Associate Planner Chad Ortlieb, Senior Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary REGULAR SESSION Chair Steiner called the meeting to order at 7:00 p.m. Commissioner Gladson led the Flag Salute. Roll Call Commissioner Cathcart was absent. PUBLIC PARTICIPATION None PLANNING MANAGER REPORT: Chair Steiner stated there were no continued or withdrawn items. Planning Manager, Leslie Aranda Roseberry, stated there was nothing additional to report. Planning Commission Meeting Consent Calendar: September 17, 2012 Page 2 of 9 (1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED MEETING OF SEPTEMBER 5, 2012. Commissioner Buttress made a motion to approve the meeting minutes from the September 5, 2012 Planning Commission meeting as written. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart MOTION CARRIED Chair Steiner provided information on the appeal procedure. Planning Commission Meeting New Items• September 17, 2012 Page 3 of 9 (2) CONDITIONAL USE PERMIT NO. 2863- 12- ZITO'S PIZZA The applicant proposes to expand an existing 4,580 SF Italian restaurant into the adjacent 2,036 SF suite making the restaurant a total of 6,616 SF. The applicant is requesting Conditional Use Permit (CUP) 2863 -12 in order to sell beer and wine under an Alcoholic Beverage Control (ABC) Type 41 license (On -Sale Beer and Wine for a Bona Fide Public Eating Place). LOCATION: 2036 N. Tustin 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 consists of the operation and licensing of an existing private structure. There is no environmental public review required for an exemption. RECOMMENDED ACTION: Adopt Planning Commission Resolution 37 -12 to allow a 6,616 square foot restaurant to serve beer and wine under an Alcoholic Beverage Control Type 41 license (On -Sale Beer and Wine for a Bona Fide Public Eating Place). Associate Planner, Doris Nguyen, 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. Steve Silverstein, address on file, stated he was the owner of Zito's Pizza for 24 years. They wanted to expand to take care of their customer base. Chair Steiner asked if there were any questions for the applicant. There were none. Chair Steiner brought the item back to the Commission for further discussion or action. Commissioner Buttress made a motion to adopt PC Resolution No. 37 -12, approving CUP No. 2863 -12- Zito's Pizza, subject to the conditions contained in the Staff Report and noting the item's categorical exemption from CEQA. Planning Commission Meeting September 17, 2012 Page 4 of 9 SECOND: Commissioner Grangoff AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart MOTION CARRIED Planning Commission Meeting September 17, 2012 Page 5 of 9 (3) CONDITIONAL USE PERMIT NO. 2867 -12 AND MINOR SITE PLAN REVIEW 695 -12- VERIZON WIRELESS The applicant proposes to install 12 antennas and one microwave dish on an existing 152 foot high SCE tower. Associated equipment is proposed in a CMU walled enclosure with a roof. LOCATION: 2050 N. Santiago Boulevard NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15311 (Class 11 — Accessory Structures) because the project involves the addition of an accessory (appurtenant) wireless facility to the site. RECOMMENDED ACTION: Adopt Planning Commission Resolution 35 -12 to allow 12 antennas and one microwave dish to be installed on an existing SCE power line tower at a height exceeding the 32 foot height limitation for the R -1 -8 zone and to include a roofed equipment enclosure under the tower. Commissioner Buttress stated that she would be recused from the item's presentation as she was an employee of Southern California Edison. Senior Planner, Chad Ortlieb, presented a project overview consistent with the Staff Report. Chair Steiner opened the item for any questions for Staff and asked if there was any additional information submitted? No additional information was received. Commissioner Gladson asked Mr. Ortlieb if he could expand on why there was a need for the new device and what was the evidence for the gap in coverage? Mr. Ortlieb stated it was a moving target; as services expanded for data and everyone was upgrading to faster data transmission, the code requirement was requiring that the applicant show that it was not just necessarily a gap in voice or data, but that there was a service need. Chair Steiner asked if it was a capacity issue. Mr. Ortlieb stated he believed that capacity would be a component of the need, but he was not 100% certain. A nod from the applicant was stating yes. Planning Commission Meeting September 17, 2012 Page 6 of 9 Chair Steiner opened the item for Public Comment and invited the applicant to address the Commission. Michelle Nguyen, address on file, stated she represented Verizon Wireless. She thanked Mr. Ortlieb for his patience with all the conditions of approval and for the City Attorney for providing guidance. There had been some issues with a few conditions, but that had been resolved. The site was a capacity site and there were some local sites around that were having capacity issues. The new site would be needed to off -load those other sites and not necessarily to provide new coverage. The new site would increase the efficiency of the sites that they were currently servicing. Chair Steiner asked if there were any questions for the applicant. Chair Steiner asked the applicant if she was in agreement with the 24 Conditions of Approval and the modifications to those. Ms. Nguyen stated yes. Commissioner Gladson stated in the application packet there were alternative sites that had been looked at and she asked if Ms. Nguyen could she speak to the reason for the choice of the proposed site. Ms. Nguyen stated Verizon had been looking for quite some time for a site to off -load the surrounding areas. They had first begun looking at a site on Wanda and Santiago and had moved over to Meats and Santiago. They had not been able to find a site near Wanda and Santiago and she had explored sites with Mr. Ortlieb in conversations over the counter. There were height issues and compatibility issues with existing land use and existing buildings. They moved to the proposed location where there were SCE easements that other carriers had co- located on. The location would allow for a more compatible land use as well as creating a multi use structure instead of building something freestanding. Chair Steiner stated, with respect to the equipment enclosure, if there was a resource to contact for any vandalism or graffiti removal to the site. Ms. Nguyen stated the exterior would be finished with a stucco finish that could easily be painted or washed off if necessary. Chair Steiner asked if it happened occasionally. Ms. Nguyen stated the site was gated. There was a nursery located there that was open during business hours; but it was not open to the public. If there was to be graffiti, there was a condition that the graffiti would be removed within 72 hours. Chair Steiner asked how the notification to Verizon would be made. Planning Commission Meeting September 17, 2012 Page 7 of 9 Ms. Nguyen stated she believed it would be through Code Enforcement. Mr. Ortlieb stated it could be reported by any Staff Member, or any member of Police or Planning and a letter would be sent to the owner on record of the site. Chair Steiner asked if it would be called in. Mr. Ortlieb stated yes it could be. Chair Steiner asked if Mr. Ortlieb had any difficulty reporting such occurrences to Verizon. Mr. Ortlieb stated he had not had to report anything of that nature to Verizon. Chair Steiner stated he would want any issues to be dealt with quickly. Chair Steiner brought the item back to the Commission for further discussion or action. A member of the public came forward. Chair Steiner reopened the hearing for Public Comment. Robert Paulson, address on file, stated he lived right underneath the proposed site. He wanted to know, and get assurance, that the additional equipment would not present a health hazard. He lived there and owned a home next door that he rented out. It was inevitable that he would get a prospective tenant that would think the cell site was dangerous and he wanted the name of a study that he could reference that would state that the site was not a health hazard. He asked to see a photo of what the site would look like. Mr. Ortlieb provided a photo to Mr. Paulson, Ms. Nguyen stated that was a common question and she was not an RF Engineer and she would not be able to provide clear information on the effects of it, but Verizon operated under FCC Guidelines and the threshold that the FCC set. Verizon operated well below that threshold. She could provide more information to the concerned resident after the hearing. Chair Steiner closed the hearing and brought the item back to the Commission for discussion or action. Commissioner Gladson made a motion to adopt PC Resolution No. 35 -12, approving CUP No. 2867 -12 and MSPR No. 695 -12, subject to the conditions contained in the Staff Report, and noting the item's categorical exemption from CEQA. Planning Commission Meeting September 17, 2012 MOTION CARRIED Page 8 of 9 SECOND: Commissioner Grangoff AYES: Commissioners Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Cathcart RECUSED: Commissioner Buttress MOTION CARRIED Planning Commission Meeting (4) ADJOURNMENT: September 17, 2012 Page 9 of 9 Commissioner Grangoff made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, October 1, 2012. SECOND: Commissioner Gladson AYES: Commissioners Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioners Buttress and Cathcart MOTION CARRIED Meeting Adjourned @ 7:20 p.m.