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2010 - June 21Planning Commission Meeting Minutes Planning Commission City of Orange PRESENT: Commissioners Cunningham, Imboden, and Merino ABSENT: Commissioner Whitaker STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Dan Ryan, Historic Preservation Planner Sonal Thakur, Assistant Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: June 21, 2010 Page 1 of 8 June 21, 2010 Monday 7:00 p.m. Vice Chair Cunningham opened the Administrative Session @ 6:47 p.m. with a review of the Agenda. Vice Chair Cunningham asked if there were any questions regarding the Agenda items? Commissioner Merino asked, on Item No. 3 City Ordinance, if Staff anticipated anyone present to speak on the item? Assistant City Attorney, Gary Sheatz, stated City Staff had not heard from anyone. Commissioner Cunningham asked if there were any dispensaries in the City? Mr. Sheatz stated not currently. Commissioner Merino asked, in regard to the conflict of interest maps, who was requesting that information? Mr. Sheatz stated the request had come from a firm representing Ridgeline, the name of the person requesting the information was not listed on the State Bar listing and it could be a clerk in the law office. Planning Manager, Leslie Aranda Roseberry, asked if any other information was being requested? Mr. Sheatz stated the initial request was for the 700 form and the second request was for the conflict of interest maps. He stated the information listed for the Commissioners on the 700 form used the City's address and the map that identified the Commissioner's residence was not released. The Commissioners had a right to confidentiality and their homes were not labeled on the maps. There was an 8 step approach in identifying a conflict of interest and having an economic interest in an area was a bigger concern, such as a lease property vs. an owned property. The difference was huge. Ms. Roseberry stated that on an upcoming Agenda there would be a resolution for Commission Steiner, she asked the Commissioners to sign the resolution. Commissioner Merino asked what would be presented by the City Council? Ms. Roseberry stated he would get a more formal presentation from City Council at an upcoming meeting. Commissioner Imboden stated if they were scheduling the Planning Commission's presentation for the July 7, 2010 meeting he would not be present. Planning Commission Meeting June 21, 2010 Page 2 of 8 Ms. Aranda Roseberry stated with the absence of Chair Whitaker at the present meeting, Vice Chair Cunningham would Chair the meeting. She stated that the Ridgeline project would be presented at a City Council Meeting in August and the new appointment to the Planning Commission would be heard at the next City Council Meeting. Administrative Session closed at 7:00 p.m. REGULAR SESSION: PUBLIC PARTICIPATION: None CONSENT CALENDAR: None Planning Commission Meeting NEW HEARINGS: June 21, 2010 Page 3 of 8 (1) CONDITIONAL USE PERMIT N0.2787-10 - HIGGINS DESIGN AND INTERIORS A proposal to conduct retail sales within an existing display area of custom furniture, furnishings, fixtures and/or fabrics as part of their interior design services to clients. Such retail sales shall be limited to 25% of total sales or services. No increase in floor area or site modifications are proposed, all modifications are within the existing building. LOCATION: 910 East Chapman Avenue 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) consisting of minor alteration of existing structures involving negligible or no expansion of the use. RECOMMENDATION ACTION: Adopt Planning Commission Resolution No. 11-10 amending Conditional Use Permit No. 2248-98 granting a new request for limited retail sales for a design studio in a mixed-use professional office and residence. Historic Preservation Planner Dan Ryan, presented a project overview consistent with the Staff Report. Vice Chair Cunningham opened the hearing for any questions to Staff. Commissioner Imboden asked, just for clarification, was there not an Administrative Adjustment or Variance being requested on the application, and he understood that the changes were being allowed through a CUP? Mr. Ryan stated yes, that was correct. Vice Chair Cunningham invited the applicant to address the Commission. The applicant had nothing further to add. Vice Chair Cunningham closed the Public Hearing and brought the item back to the Commission for further comments or a motion. Planning Commission Meeting June 21, 2010 Page4of8 Commissioner Merino made a motion to adopt PC 11-10, approving CUP No. 2787-10- Higgins Design and Interiors, subject to the conditions contained in the Staff Report, noting the project was categorically exempt from CEQA. SECOND: Commissioner Imboden AYES: Commissioners Cunningham, Imboden, and Merino NOES: None ABSTAIN: None ABSENT: Commissioner Whitaker MOTION CARRIED Planning Commission Meeting June 21, 2010 Page 5 of 8 (2) MAJOR SITE PLAN REVIEW N0.0594-09; MITIGATED NEGATIVE DECLARATION NO. 1817-09; AND DESIGN REVIEW COMMITTEE N0.4412-09 -COCA COLA WAREHOUSE EXPANSION A proposal to construct a 51,045 square foot addition onto an existing warehouse building. The applicant is also proposing to provide 68 new employee parking spaces, five new loading docks, and additional site landscaping with an automatic irrigation system. LOCATION: 700 West Grove Avenue NOTE: Mitigated Negative Declaration No. 1817-09 was prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 16-10 to allow a 51,045 square foot addition to an existing warehouse building and associated landscape, irrigation and re-striping of the parking lot. Assistant Planner Sonal Thakur, presented a project overview consistent with the Staff Report. Vice Chair Cunningham opened the item for any questions to Staff. There were none. Vice Chair Cunningham invited the applicant to address the Commission. Raul Ramirez, address on file, stated he was the West Business Unit's Facility Manager. He was present to thank Staff for their patience in getting everything approved in very close cooperation with the architect. The nice thing was that he was responsible in 1986 for building the original warehouse, and it was unbelievable how time flew. When the project was presented to the Coca Cola senior management he had also presented an expansion; they had believed that it would be built sooner and throughout the years Staff had seen their submittal about 3 to 4 times. They would move forward then go back. Currently, he had made a recommendation to his senior management to see the project all the way through and they were pleased to move forward. He thanked Staff and the Planning Commission, and was aware of the need to cross all the is and dot all the is in order for a project to move forward. Vice Chair Cunningham closed the Public Hearing and brought the item back to the Commission for comments or a motion. Commissioner Imboden stated he was impressed and pleased to review a large application that came before them, which met or exceeded all the developmental Planning Commission Meeting June 21, 2010 Page 6 of 8 standards as it was not always an easy thing to do; particularly with a facility the size of the one presented. It made his job easier and he was prepared to make a motion. Commissioner Merino stated he echoed the comments of Commissioner Imboden and he wanted to comment that there were no protests or the need of the public to speak on the item, and on such a large project, that was good. Commissioner Imboden made a motion to adopt PC 16-10, approving MSPR No. 0594- 01, MND No. 1817-09 and DRC No. 4412-09-Coca Cola Warehouse Expansion, subject to the conditions contained in the Staff Report. SECOND: Commissioner Merino AYES: Commissioners Cunningham, Imboden, and Merino NOES: None ABSTAIN: None ABSENT: Commissioner Whitaker MOTION CARRIED Planning Commission Meeting June 21, 2010 Page 7 of 8 (3) ORDINANCE NO. 7-10 - ORDINANCE PROHIBITING THE BUSINESS OF SELLING, CULTIVATING OR DISTRIBUTING MARIJUANA An ordinance prohibiting medical marijuana dispensaries, defined as any facility or location at which marijuana is grown, made available to, sold, given away, and/or distributed by or to more than four persons. The City Council adopted a moratorium which prohibits medical marijuana dispensaries, which moratorium expires on September 22, 2010. LOCATION: City Wide NOTES: The proposed ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment (Title 14, California Code of Regulations, Section 15060) and is not a project as defined in Section 15378. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 15-10 recommending that the City Council adopt Ordinance No. 07-10 prohibiting the business of selling, cultivating or distributing marijuana. Assistant City Attorney Gary Sheatz, presented a project overview consistent with the Staff Report. Vice Chair Cunningham opened the item for any questions to Staff. There were none. Vice Chair Cunningham closed the Public Hearing and brought the item back to the Commission for any further discussion or a motion. Commissioner Merino made a motion to recommend approval to the City Council of PC 15-10, Ordinance No. 07-10-Ordinance Prohibiting the Business of Selling, Cultivating, or Distributing Marijuana, subject to the conditions contained in the Staff Report. SECOND: AYES: NOES: ABSTAIN ABSENT: Commissioner Imboden Commissioners Cunningham, Imboden, and Merino None None Commissioner Whitaker MOTION CARRIED Planning Commission Meeting (4) ADJOURNMENT: June 21, 2010 Page 8 of 8 Adjourn to the next regular meeting scheduled for Wednesday, July 7, 2010. Commissioner Merino made a motion to adjourn to the next regular scheduled Planning Commission Meeting on July 7, 2010. SECOND: Commissioner Cunningham AYES: Commissioners Cunningham, Imboden, and Merino NOES: None ABSTAIN: None ABSENT: Commissioner Whitaker Meeting Adjourned @ 7:15 p.m. MOTION CARRIED