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2011 - December 19Planning Commission Meeting Minutes Planning Commission City of Orange December 19, 2011 Page 1 of 6 December 19, 2011 Monday 7:00 p.m. PRESENT: Commissioners Buttress, Gladson, Grangoff, and Steiner ABSENT: Commissioner Merino STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Doris Nguyen, Associate Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION Chair Steiner opened the Administration Session of the Planning Commission Meeting at 6:51 p.m. Planning Manager Leslie Aranda Roseberry stated that there were some changes to the appearance and format of the Agenda which were based on their discussions and the comments received from the Planning Commissioners. Information on the Administrative Session was being provided, a detail of what it was, where it was located and the time the administrative session of the Planning Commission meeting took place to show there were no secrets. On the second page of the Agenda there was an agenda for the administrative session; there would be the review of the agenda, policy and procedural information, the review of meeting minutes, with the adjournment to the regular session. She hoped this would provide a clearer picture for the public. Chair Steiner asked if he should verbally refer to the administrative session agenda when he was on the dais. Ms. Aranda Roseberry stated no; the agenda for the administrative session was available for use during the administrative session. During the regular session, the regular meeting agenda would be followed with the opening and then the appeal process would be read. The information for the administrative session was for reference only. Chair Steiner stated there was one public hearing on the agenda and he asked staff why the applicant had opened their business without a CUP. Associate Planner Doris Nguyen stated the applicants had been made aware of the need for a CUP and she had spoken with them at great length. Chair Steiner asked if Ms. Nguyen had notified the applicants of the CUP requirement. Ms. Nguyen stated yes, and in their defense, the applicants were very young. Chair Steiner stated he would subscribe to the forgiveness policy of Orange. Commissioner Gladson stated some individuals felt that the requirements might not apply to them. Planning Commission Meeting December 19, 2011 Page 2 of 6 Chair Steiner stated the CUP was for the parking and shared parking agreement. Commissioner Buttress stated parking was the main area of concern and the reason for the CUP and associated conditions of approval. Chair Steiner asked Staff if the applicants were o.k. with the conditions of approval. Ms. Nguyen stated yes; she had emailed them to the applicants for their review. Chair Steiner asked if there had been any complaints received for the proposed CUP. Ms. Nguyen stated she had received 2 complaints; the first was a concern for the hours of operation and the other was in regards to parking. One of the individuals might attend the meeting. She would share the information concerning the complaints received during her presentation. Commissioner Gladson stated Attachment No. 4 contained an inventory for their review, if they should need it. It was a nice package that Staff had put together; it was helpful. Chair Steiner stated there would be no Planning Commission meeting on January 4, 2012 and as the City of Orange had not observed Martin Luther King Day with a City office closure their next meeting would fall on Monday, January 16, 2012. He asked if there was any news on when Commissioner Merino would be returning to the Planning Commission. Assistant City Attorney Gary Sheatz stated he had heard nothing. Ms. Aranda Roseberry stated she had heard nothing. Mr. Sheatz asked if the Commissioners were aware that the City Council had overturned the Planning Commission's decision on the south site cell tower item. The residents had submitted an appeal and the City Council upheld that appeal. He was in the process of crafting a resolution for denial. Ms. Aranda Roseberry asked what the next step for Verizon would be. Mr. Sheatz stated Verizon could take one of two approaches; they could enter into a tolling agreement or they could appeal the decision on the premise that reasonable time had not been provided based on their 150 day agreement, they could enter into a writ based on a violation of their rights. Commissioner Buttress asked if the City Council had based their decision on the location of the cell site. Mr. Sheatz stated the height increase to 51' was an issue as it was taller than anything else in the surrounding area. The neighbors had done their homework and had brought forth good arguments. When the item was before the Planning Commission and the Design Review Committee there had been no opposition and the project had looked good. Commissioner Gladson asked if the City Council could have sent the item back to the Planning Commission for a second look. Commissioner Grangoff asked if the applicant could return with an alternate proposal? Mr. Sheatz stated the item could have been returned to the Planning Commission. The applicant could return with changes, but they would need to wait 6 months. He had spoken with a Southern California Verizon representative who was upset that the person who had brought the project before the City Council had not asked for a continuance. With a continuance it would have allowed the Planning Commission Meeting December 19, 2011 Page 3 of 6 applicant to meet with the neighbors and possibly come up with an amicable solution. There was no further discussion. Administrative Session adjourned @ 7:04 p.m. PUBLIC PARTICIPATION None REGULAR SESSION Chair Steiner called the Regular Session of the Planning Commission Meeting to order at 7:05 p.m. Consent Calendar: (1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED MEETING OF NOVEMBER 21, 2011 Commissioner Gladson made a motion to approve the minutes from the Planning Commission Meeting of November 21, 2011, as written. SECOND: Commissioner Buttress AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Merino MOTION CARRIED Planning Commission Meeting NEW HEARING: December 19, 2011 Page 4 of 6 (2) CONDITIONAL USE PERMIT NO. 2836 -11 -GREEN ROOM STUDIOS The applicant proposes to host dance and music lessons for children and adults in an industrial center, which currently has a deficit of 95 parking spaces. A Conditional Use Permit is required for the school use and for the code alternative parking standards proposed. LOCATION: 1411 N. Batavia #107 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 30 -11 approving a dance and music school with shared parking. Associate Planner Doris Nguyen presented a project overview consistent with the Staff Report. Chair Steiner asked if there was any additional correspondence received on the item. There was none. Chair Steiner invited the applicant to address the Commission. Brett Pfeiffer, address on file, stated he was available for questions. Chair Steiner stated there were 8 Conditions of Approval and he asked the applicant if he supported those conditions. Mr. Pfeiffer stated he supported the Conditions of Approval. Commissioner Buttress stated, for clarification purposes, if there were other tenants that would be occupying their buildings after 5:00 p.m.? Ms. Nguyen stated the majority of the tenants were businesses and industrial tenants and the majority of those left between 3:00 and 4:00 p.m., with others leaving closer to 5:00. She had visited the site in the late afternoon and the parking lot was visually very empty. Commissioner Buttress stated although there was a 95 space parking deficit, staff was very comfortable with the situation based on the hours of operation. Planning Commission Meeting December 19, 2011 Page 5 of 6 Ms. Nguyen stated that was correct; with the hours of operation starting after 5:00 p.m. Staff was comfortable with that. Commissioner Gladson stated on Condition No. 2, which specifically memorialized the hours of operation and days of operation, she was not quite certain what the last sentence in that condition referred to. There was use of the word exceptions and she asked if that word referred to special events? Ms. Nguyen stated that was correct and if there would be a special event there was a requirement that the applicant would apply for a permit 3 weeks in advance of their special event date. Commissioner Gladson asked if it would be clearer to add the word "special events" to Condition No. 2. Ms. Nguyen stated that could be done; there was language that stated exceptions could be made with prior written approval and that would cover it. The condition could read: "exceptions for special events ". Commissioner Gladson stated she had not wanted the hours to expand and a change in the verbiage would be something she would be interested in. Chair Steiner asked Mr. Pfeiffer if he was comfortable running a successful business with the hours as outlined for the evening and weekend times? Mr. Pfeiffer stated absolutely, it would not be a problem. Chair Steiner closed the hearing for public comment and brought the item back to the Commission for further discussion or action. Commissioner Buttress made a motion to adopt PC Resolution 30 -11, approving CUP No. 2836 -11 -Green Room Studios, subject to the conditions contained in the Staff Report; noting the item was categorically exempt from CEQA and amending Condition No. 2 to add the wording "special events ". SECOND: Commissioner Grangoff AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Merino MOTION CARRIED Planning Commission Meeting December 19, 2011 Page 6 of 6 (3) ADJOURNMENT: Adjournment to the next Planning Commission Meeting scheduled for Monday, January 16, 2012. Commissioner Grangoff made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on January 16, 2012. SECOND: Commissioner Buttress AYES: Commissioners Buttress, Gladson, Grangoff and Steiner NOES: None ABSTAIN: None ABSENT: Commissioner Merino MOTION CARRIED Meeting Adjourned @ 7:15 p.m.