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2010 - March 15Planning Commission Minutes ~ '~~RO~~ March 15, 2010 1 of 7 Minutes Planning Commission March 15, 2010 City of Orange Monday 7:00 p.m. PRESENT: Commissioners Imboden, Merino, Steiner and Whitaker ABSENT: Commissioner Cunningham STAFF PRESENT: Ed Knight, Assistant Community Development Director Robert Garcia, Associate Planner Sonal Thakur, Assistant Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: Chair Whitaker opened the Administrative Session @ 6:50 p.m. with a review of the Agenda. Item No. 1, Minutes from the regular Planning Commission Meeting on March 1, 2010. Chair Whitaker asked if the three members present could vote on the minutes? Assistant City Attorney, Gary Sheatz, stated yes, the two Commissioners who were present at that meeting could vote and Commissioner Merino, who had not been present, would record an abstention. There were no changes or corrections noted. Item No. 2, T-Mobile CUP, Chair Whitaker stated he would have a question for the applicant. Item No. 3, Kweider Residence CUP, Chair Whitaker stated he would have questions for Staff. Commissioner Merino stated he would wait to hear the applicant's testimony. Chair Whitaker asked if there was any additional information or updates from Staff. Assistant Community Development Director, Ed Knight, stated there was nothing additional. Administrative Session closed at 6:55 p.m. Page 1 of 7 Pages Planning Commission Minutes March 15, 2010 2 of 7 REGULAR SESSION: PUBLIC PARTICIPATION: None CONSENT CALENDAR: (1) APPROVAL OF MINUTES FROM THE REGULAR MEETING OF THE PLANNING COMMISSION ON MARCH 1, 2010. Commissioner Steiner made a motion to approve the minutes from the regular Planning Commission meeting of March 1, 2010 as written. SECOND: Commissioner Imboden AYES: Commissioner Imboden, Steiner and Whitaker NOES: None ABSTAIN: Commissioner Merino ABSENT: Commissioner Cunningham MOTION CARRIED. Page 2 of 7 Pages Planning Commission Minutes New Hearings: March 15, 2010 3 of 7 (2) CONDITIONAL USE PERMIT NO. 2624-06; DESIGN REVIEW COMMITTEE NO. 4171-06 & ENVIRONMENTAL REVIEW NO. 1811-08 - T-MOBILE FACILITY The request for the installation of twelve (12) antennas, one (1) parabolic antenna, an equipment shelter, and utility line trenching. Twelve panel antennas would be mounted approximately 70 feet high on the existing 175-foot tall Southern California Edison (SCE) lattice tower. LOCATION: South of Townsend Avenue between Crossgate and Rosemere NOTE: Mitigated Negative Declaration (MND) No. 1811-08 was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. RECOMMENDATION: Adopt Planning Commission Resolution No. 07-10 approving twelve directional antennas and one parabolic antenna to locate onto an existing SCE tower and associated equipment cabinets ~ on property zoned P-C. Associate Planner, Robert Garcia, presented a project overview consistent with the Staff Report. Chair Whitaker opened the item for any questions to Staff. There were none. He invited the applicant to address the Commission. Monica Moretta, address on file, stated she was present on behalf of T-Mobile West Corporation and T-Mobile had reviewed and discussed the Conditions of Approval as presented in the Staff Report and they would comply with the conditions as presented. T- Mobile would also be complying with the Southern California Edison requirements in regards to the antennas and associated equipment and she was available for any questions. Chair Whitaker stated there were two residents on Townsend, which was the street closest to the site, whom had contacted him and had questions on the installation. In reviewing the report, it appeared that the T-Mobile antennas would be on the second of the two SCE towers, which would be the furthest from the residences. The residents wanted to verify that location? Ms. Moretta stated he was correct and referred the Commission to review the photo simulations that had been provided; specifically the second set, view No. 2. There were two sets of SCE towers and the installation would take place on the tower furthest from the residents and the exact residential setback was 460' away from the nearest structure. Page 3 of 7 Pages Planning Commission Minutes March 15, 2010 4of7 Chair Whitaker asked how long would the installation take? Ms. Moretta stated once the building permits were obtained construction would take between 60-90 days. However, T-Mobile would comply with the Conditions of Approval and there were a number of conditions that were related to the biological concerns of the area and basically there would need to be surveys completed to insure they would not be installing in an area that contained nesting sites. With no unforeseen delays, the time frame would be 90 days. Chair Whitaker brought the item back to the Commission for discussion or a decision. Commissioner Steiner made a motion to adopt, PC 07-10, approving CUP No. 2624-06, DRC No. 4171-06, and MND No. 1811-08-T-Mobile Facility, subject to the conditions contained in the Staff Report, and noting the items compliance with CEQA. SECOND: Commissioner Merino AYES: Commissioners Imboden, Merino, Steiner and Whitaker NOES: None ABSTAIN: None ABSENT: Commissioner Cunningham MOTION CARRIED Page 4 of 7 Pages Planning Commission Minutes March 15, 2010 5 of 7 (3) CONDITIONAL USE PERMIT NO.2776-09-KWEIDER RESIDENCE A proposal to add 40.50 square feet of plumbing facilities (sink, toilet, and shower) within the interior of an existing detached garage. LOCATION: 3830 E. Woodbine Road 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 Structure) because the project involves the interior remodel of an existing structure to accommodate full bathroom plumbing facilities. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 02-10 to allow a sink, shower and toilet in an existing 290 square foot detached garage/accessory structure. Assistant Planner, Sonal Thakur, presented a project overview consistent with the Staff Report. Chair Whitaker opened the item for any questions to Staff. He understood that the one car space of the garage would remain and in reviewing the plans, the two garage doors faced each other and asked if that was correct? Ms. Thakur stated that was correct and there was an existing two car garage that was attached to the house and there was a detached garage or structure where the new plumbing facilities would occur. There would actually be three enclosed parking spaces. Chair Whitaker asked Assistant City Attorney, Gary Sheatz, with the covenant requirement that the space not be made into a habitable living space, was the City allowed to impose the requirement considering the California Granny Flat Law? Mr. Sheatz stated with the California Granny Flat Law if the applicant wanted to use a portion or create a Granny Flat they would be subject to a different set of regulations. The application being proposed was just a conversion of space and the City wanted to insure that it would not be creating additional habitable space outside of what they would be allowed to do if they had the appropriate size lot for an additional unit. Ms. Thakur stated, according to City Code for Granny Flat units, the space requirement was a minimum of 450 square feet and a maximum of 640 square feet and the applicant would need to gain approval to meet those requirements. Chair Whitaker invited the applicant to address the Commission. Mory Berengian, address on file, stated he was representing Dr. Kweider on the project. He was available for any questions and he had nothing further to add. Page 5 of 7 Pages Planning Commission Minutes March 15, 2010 6 of 7 Chair Whitaker brought the item back to the Commission for discussion or a decision. Commissioner Merino made a motion to adopt, PC 02-10, approving CUP No. 2776- 09-Kweider Residence, subject to the conditions contained in the Staff Report and noting the item was categorically exempt from CEQA. SECOND: Commissioner Imboden AYES: Commissioners Imboden, Merino, Steiner and Whitaker NOES: None ABSTAIN: None ABSENT: Commissioner Cunningham MOTION CARRIED Page 6 of 7 Pages Planning Commission Minutes (4) ADJOURNMENT: March 15, 2010 7 of 7 Commissioner Steiner made a motion to adjourn to the next regular Planning Commission meeting scheduled for Monday, April 5, 2010. SECOND: Commissioner Imboden AYES: Commissioners Imboden, Merino, Steiner and Whitaker NOES: None ABSTAIN: None ABSENT: Commissioner Cunningham Meeting adjourned @ 7:12 p.m. MOTION CARRIED Page 7 of 7 Pages