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2007 - February 21 C2-00D. t:'.d.,3 Minutes Planning Commission City of Orange 21 February 2007 Monday - 7:00 p.m. PRESENT: ABSENT: Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None. STAFF PRESENT: Ed Knight, Assistant Planning Director Gary Sheatz, Assistant City Attorney Mari Burke, Recording Secretary Chair Bonina extended congratulations and a welcome to the newest Commissioner, Commissioner Merino. Chair Bonina stated the State of the City lunch was held recently where a very inspirational speech was given by the Mayor and Citizen of the Year, Roger Hobbs was honored. Chair Bonina stated he knows Mr. Hobbs personally; he is a very generous individual and although you see in print what he does, what isn't seen is what he has been doing for a number of years behind the scenes. Chair Bonina offered Mr. Hobbs congratulations on this honor. Chair Bonina presented Resolution No. 41-06 to Oz Enderby for approximately one and one half years of service on the Planning Commission. Former Commissioner Enderby thanked the Commission for the recognition and stated it had been his pleasure to serve the City of Orange. Commission Reorganization: Election of Chairperson and Vice-Chairperson Chair Bonina opened the floor for nominations for the position of Commission Chairperson for the next twelve month period. Commissioner Steiner stated he had enjoyed the opportunity to witness the stewardship of the group provided by Chair Bonina and speculated that perhaps Chair Bonina was ready to enjoy a break. Having observed the performance of Vice Chair Imboden conducting the previous meeting in Chair Bonina's absence, Commissioner Steiner acknowledged the efficiency and fairness displayed by Vice Chair Imboden and offered up a nomination of Vice Chair Imboden for the position of Chairperson. SECOND: AYES: NOES: Not required. (as stated by Chair Bonina) Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None Planning Commission Minutes 21 February 2007 ABSTAIN: ABSENT: None None MOTION CARRIED. Commissioner Whitaker asked Chair Bonina if he would consider a nomination for the position of Vice Chairperson. Chair Bonina responded he would not. Commissioner Whitaker nominated Commissioner Steiner for the position of Vice Chairperson. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None None None MOTION CARRIED. Chair Bonina stated the new positions would be effective March 5, 2007. INRE: PUBLIC PARTICIPATION: None. INRE: ITEMS TO BE CONTINUED OR WITHDRAWN: Mr. Knight advised an email was received from the applicant, Ms. Monica Lopez requesting continuance of Item #2 on the agenda. The reasons cited were she was not fully prepared and did not have sufficient representation. The applicant requested continuance to the regular meeting of April 2, 2007. Mr. Knight stated Staffis supportive of the request and asked that the Planning Commission honor the request for continuance to the date specified. (2) CONDITIONAL USE PERMIT NO. 2604-06, CONDITIONAL USE PERMIT NO. 2634-07, AND VARIANCE NO. 2166-07 - ICONZ RESTAURANT. A request for approval of Conditional Use Permit No. 2604-06 to allow a Type 47 (On-Sale General-Eating Place) Alcohol License, Conditional Use Permit No. 2634-07 to allow a dance floor as an accessory use, and Variance No. 2166-07 to waive the development standards to allow for a deficiency in parking. LOCATION: The site is located at 2045 North Tustin Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15301 (Class 1 _ Existing Facilities). Page 2 of 5 Pages Planning Commission Minutes 21 February 2007 RECOMMENDED ACTION: Adopt Resolution No. PC 01-07 denying Conditional Use Permit No. 2604-06, and adopt PC Resolution No. 02-07 denying Conditional Use Permit No. 2634-07 and Variance No. 2166-07. Chair Bonina stated there were three (3) speakers cards already presented for this proj ect and he asked that the attendees that had presented these cards attend the meeting on April 2,2007. Chair Bonina stated the cards would be retained for that meeting. A motion to continue the project to the requested date was made by Commissioner Imboden. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Merino Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None None None MOTION CARRIED. Assistant City Attorney Gary Sheatz stated that since this project is being continued to a date certain, it will not be re-noticed. INRE: CONSENT CALENDAR: (1) APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF JANUARY 15, 2007 (CONTINUED FROM FEBRUARY 5, 2007). Chair Bonina made a motion to approve the consent calendar. SECOND: AYES: NOES: ABSTAIN: ABSENT: INRE: Commissioner Imboden Commissioners Bonina, Imboden and Steiner None Commissioner Whitaker (due to absence) None MOTION CARRIED. NEW BUSINESS: (3) CONDITIONAL USE PERMIT NO. 2625-06 - SCHOOL PRIDE (CANYON BINGO) A request to operate a Bingo facility and shared parking at an existing industrial complex. LOCATION: The site is located at 1030-1032 N. Lemon Street. NOTE: this project is categorically exempt from the provisions of the California Page 3 of 5 Pages Planning Commission Minutes 21 February 2007 Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities). RECOMMENDED ACTION: Adopt Resolution No. PC 07-07 recommending approval of Conditional Use Permit No. 2625-06. A project overview consistent with the Staff Report was provided by Associate Planner Robert Garcia. Further, Mr. Garcia indicated he had received two telephone calls in the previous week from neighbors who had expressed concerned about parking, primarily along the street and in neighboring properties. Mr. Garcia stated there was no parking allowed on Lemon Street after 8 p.m. Commissioner Merino asked Mr. Garcia if there were any issues with Canyon Bingo at their last location. Mr. Garcia responded he had spoken with the police department and in the last five year period there was one auto burglary but it was not determined if it was associated with this use. Chair Bonina asked if a revised parking agreement would supersede the Conditional Use Permit the church currently holds. Mr. Garcia responded "no, when the church is in operation it is still required to have its own parking spaces. It would be just applicable to the time the Bingo is operating which is outside of the hours of church services." Commissioner Imboden asked for confirmation that the two days the bingo would take place would be Wednesday and Saturday from the hours of 6 p.m. to 11 p.m. Mr. Garcia responded that was correct. Chair Bonina asked if the parking arrangement was really just a formality as the church doesn't hold services in the evening. Mr. Garcia responded that with the previous Conditional Use Permit the church is allowed to have these spaces which is the reason for creating the agreement. Commissioner Steiner asked Mr. Garcia if he had interacted with the callers who had expressed concern about the parking. Mr. Garcia responded affirmatively. Commissioner Steiner asked Mr. Garcia if he had informed them that the days of contemplated use, if approved by the Council were not days on which there was any heavy use on the part of the church. Mr. Garcia responded affirmatively and that the concern was that there might be an overflow of patrons visiting bingo which would result in parking on the street and perhaps in the adjacent residential properties. Commissioner Steiner asked what the estimate was on the part of Staff of the required number of parking spaces. Mr. Garcia responded that by Code they were required to have 32 parking spaces; the whole complex currently has a total of 217 parking spaces and the two buildings immediately adjacent have 68 parking spaces combined. The applicant, Jim Frize stated: . He started bingo in 1987 at Canyon High School. . In ] 996 they moved to the Katella location. . Since being at that location he wasn't aware of anything happening at all. . He had written down that in 10 years there were no callouts with the police, fire or Page 4 of 5 Pages Planning Commission Minutes 21 February 2007 medical. . There is a church next door to them that had hundreds of members and they have never had any problem with them. They hold Saturday services which are concluded by the time Bingo starts. . The minister from this church had told him the reason they had the Conditional Use Permit for all those days was just to cover themselves and that sometimes on Wednesday nights he had a group of kids brought in. . They have made approximately $3,000,000. . They give back to local charities and the Orange Unified School District. . There is no problem with parking, they won't even come close to using the amount of parking available. . The police department expressed concern about lighting so they have had a lighting engineer give them information which will be given to the police department. . The police department already has a document that details what is going to be done for site security. Everyone else in the City that has seen it seems to be okay with it. . They are on the last lap and just need some help to bring this project to conclusion. Commissioner Merino asked what the average attendance is on a bingo night. Mr. Frize responded "200 - 225"; with Wednesday night having lesser attendance than Saturday night. Commissioner Merino asked if many of them carpool. Mr. Frize responded they generally ride 3 - 4 per car. Commissioner Whitaker made a motion that the Planning Commission adopt Resolution No. PC 07-07 recommending approval of Conditional Use Permit No. 2625-06. Commissioner Steiner noted this project is categorically exempt from the provisions of the California Environment Quality Act per State CEQA. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Steiner Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None None None MOTION CARRIED. Chair Bonina made a motion to adjourn to the next regular meeting on Monday, March 5, 2007. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Imboden Commissioners Bonina, Imboden, Merino, Steiner and Whitaker None None None MOTION CARRIED. MEETING ADJOURNED @ 7:32 p.m. Page 5 of 5 Pages