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HomeMy WebLinkAbout2000 - May 1 {)".r f!". (; ,./ 3 Cil 55 t' ej MINUTES Planning Commission City of Orange PRESENT: Commissioners Bosch, Carlton, Romero, Smith May 1, 2000 Monday - 7:00 p.m, ABSENT: Commissioner Pruett STAFF PRESENT: John Godlewski, Principal Planner, Mary Binning, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary IN RE: CONSENT CALENDAR 1, Approval of the Minutes from the Meeting of April 17, 2000 MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to approve the Minutes of April 17,2000, AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED IN RE: CONTINUED HEARING 2. TENTATIVE PARCEL MAP 2000-117 AND VARIANCE 2083-00 -ISAM HANNA (ORANGE RANCH) A request to allow the subdivision of 1.359 acres of property into four parcels, The applicant originally requested approval of a variance to reduce city requirements affecting parcel dimensions, The vacant parcel is located on the south side of Nohl Ranch, between Santiago Boulevard and Valley Glen Lane, (This item was continued from the March 20,2000 meeting,) NOTE: Negative Declaration 1620-99 was previously prepared to evaluate the environmental impacts of this project. Mr, Godlewski presented an updated staff report. The applicant returned with a revised plan, which does not require a need for the variances, The parcels all meet the minimum lot size, and a separate parcel was induded for the common driveway access with a driveway turn around, which contributes to better on-site circulation. The grades were also raised for the individual pads and the slope on the driveway is also reduced, The building on lot 4 was reoriented to allow better access and to meet minimum code requirements, The public hearing was opened, Donna Chessen. 458 Pinehurst. Fullerton, represented the applicant. The property was approved in 1993 for three (3) lots, They are requesting to subdivide this property into four (4) parcels, They do nof need variances with the revised plan, She pointed out all of their changes on Exhibits 1, 2 and 3. They have read the conditions of approval and would like clarification on condition 16 in reference to the number of street lights, 1 Planning Commission Minutes May 1, 2000 Georae Behnam. 1150 East Oranaethoroe Avenue #109. is the architect for the project They listened to the comments made from the previous hearing and revised the architecture of the homes to be more compatible with the surrounding area, There will also be different elevations for each of the homeR Mr, Hohnbaum clarified condition 16, The spacing of the street lights would take into account the property frontage and the street lighting, if any, on either side, There has been a more recent analysis of the configuration for the three (3) street lights, 3 oeoole sooke in oooosition Glenda Johnson, 2104 Valley Glen, Ronald Johnson, 2104 Valley Glen, Larry LeDoux, 2222 Valley Glen, The speakers voice opposition because the new homes will be adjacent to their back yards, Many of their questions have not been answered, Has approval been given for this project by State Fish and Game? With the fill, will ground levels be even and thus obstruct the neighbors' view? How will the pond. stream and underground water be dealt with? The property was approved for three (3) houses; the City should only consider three (3) houses -- not four (4), Will emergency vehicles be able to make a complete turn around in the hammer head area? They thought the quality of life in the neighborhood must be taken into consideration, Ingress/egress issues have not been discussed, They wanted to know the status of the channel design in the City of Anaheim, What are the City's maintenance responsibilities of the easement? Chairman Bosch noted the Commission received a letter from the City of Anaheim relative to a perimeter wall along Nohl Ranch Road, Anaheim would like to see a condition that any walls constructed parallel to Nohl Ranch Road be consistent in appearance on all iots, The Commission also received a copy of a letter from Ronald Seike, a public engineer living on Valley Glen Lane in support of the project, as redesigned. Aoolicant's resoonse Ms, Chessen explained that the plan for the three (3) houses is not a safe one, It has easements running through the property, There would be three separate driveways onto Nohl Ranch Road, The revised plans for four (4) houses is much more viable. The easements and pipe have been taken out And, there is only one driveway onto Nohl Ranch Road, Sam Hanna. 2664 Vista Vallev Road, is the owner/developer of this property. The old plans showed 15% slopes, They are relocating the pipe line to the public street and the easement will be kept open, He assured the neighbors there would be no view obstruction. They are below the original pad elevations, Fire trucks are not required to be on site since the property is less than 150 feet deep, The last house will have fire sprinklers, They will be providing plenty of turn around area tor all trucks, They are being asked to only have a right turn in and a right turn out Alterations to the median cannot be made- They are working with the City of Anaheim on the channel design. The 40' easement is to be maintained by the City of Anaheim and whatever remaining portion of the easement, the overflow channel, will be maintained by the City of Orange- Approval by State Fish and Game includes obtaining a stream alteration permit or written veritication that a stream alteration permit is not required, ML Hohnbaum referred to condition 5 and explained the channel improvements and its impact to the residents, Both cities are concerned that the existing channel, as is, will be insufficient to protect the new homes that are being built They want to make sure that any improvements will protect all structures within the area, They have not seen the detailed channel design as yet: however, condition 5 will provide for that Commissioner Carlton and ML Hanna talked about a perimeter wall consisting of wrought iron with pilasters, Nohl Ranch Road is proposed to have a 42" high wall. She wanted to add a condition for the fencing on Nohl Ranch Road to go up to the property to the east and be tied in at the top of the slope, 2 Planning Commission Minutes May 1, 2000 The public hearing was closed, Commissioner Carlton said many adjustments have been made to the plans and it conforms with lot size, Her questions have been answered and the technical issues are still subject to different agencies approving the project. Commissioner Romero appreciated the elimination of the variance request. This makes it much easier for him to approve the project. Commissioner Smith thanked the applicant for the significant improvements that have been made from the first project. She would like to make sure the lighting does not spill over onto the other properties, but from what she has heard, these properties are lower than the adjacent properties, Chairman Bosch thanked the neighbors who showed concern and came in, They helped to improve this project. He also thanked ML Hanna for moving away from his original plans towards plans that are more responsive to the needs of the neighborhood, He acknowledged the parcel is very difficult to develop, This is not an user friendly parcel. Given the property rights that exist and the revised plans, ML Hanna meets the zoning of the neighborhood, It is not out of character with the surrounding neighborhood, The location is difficult for ingress and egress, There still needs to be some fine tuning to meet the City Engineer's requirements on the hammer head and the channel improvements. The consolidation to allow one drive approach, with the shared easement driveway, has reduced the points of conflict that would have occurred with separate driveways. This project meets all the criteria on a tough site and conforms to the zoning requirements, He does not see negative impacts that have not been mitigated, except for those hurdles that still need to be crossed relative to State Fish and Game, the hydraulics of flood control relative to the easements and the maintenance agreements, relative to dealing with the trash and fire people to receive building permits to build on the land, The Commission discussed the City of Anaheim's request for fencing in that it be consistent. They agreed the fencing should be tied in with the property up at the top of the slope, Condition 26 is proposed: "All property line and perimeter fencing shall be consistent in design, and in conformance with City standards, and be continuous to the easterly property line of the tract on Nohl Ranch Road, The perimeter fencing along Nohl Ranch Road and along the channel shall be of brick, pilaster and wrought iron design, as described in the drawings and subject to staff review:' Because the plans no longer require a variance, the Commission asked the applicant if he agreed to withdraw the variance application, ML Hanna agreed to withdraw his request for a variance, MOTION Moved by Commissioner Bosch and seconded by Commissioner Carlton to approve Mitigated Negative Declaration 1620-99, including the initial study and comments received during the public review process, finding that all testimony and revisions provided to the Commission, and noting that the Staff Review Committee found that the project will not have a significant adverse impact on the environment or wildlife resources and including the mitigation measures incorporated into the final plans, required City ordinances, as well as conditions of recommended approval. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 3 Planning Commission Minutes May 1, 2000 MOTION Moved by Commissioner Bosch and seconded by Commissioner Smith, whereas the applicant has stipulated to the withdrawal of Variance 2083-00 with the finding that the revised application, both in plans and the conditions recommended for approval no longer requires a variance from the City's development standards and ordinances, the Commission approves Tentative Parcel Map 2000-117 with conditions 1 through 25 and adding condition 26: "All property line and perimeter fencing shall be consistent in design, and in conformance with City standards, and be continuous to the easterly property line of the tract on Nohl Ranch Road, The perimeter fencing along Nohl Ranch Road and along the channel shall be of brick, pilaster and wrought iron design, as described in the drawings and subject to staff review," The Commission finds that the proposal, as revised, is consistent with the City's General Plan, Denial of the tentative map can be made if certain findings are found per California Government Code Section 66474: Whether the proposed map is not consistent with the General Plan, Whether the design or related improvements are not consistent with the General Plan, Whether the site is not physically suitable for this type of development Whether the site is not physically suitable for the proposed density of development Or the design of the subdivision or proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat Or that the design of the subdivision or type of improvements is likely to cause serious public health problems. Or, if the design of the subdivision or type of improvements wili conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, And, find that based upon the final design, the requirements for permitting and the conditions of approval, that there are no findings in this regard and, therefore, the project is approved, AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED This is final action of the Planning Commission unless appealed to the City Council. IN RE: NEW HEARINGS 3, FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR MR K'S MARKET A request to make a Finding of Public Convenience or Necessity for previously approved Conditional Use Permit 2296-99, allowing the off-site sale of beer and wine, The site is located at 1100 West Chapman Avenue, NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act Mr, Godlewski reported that back in August, 1999, the Planning Commission approved Conditional Use Permit 2296 to allow the sale of beer and wine at Mr, K's Market The process at the time included a requirement of the City Council to follow up and make a finding of public convenience or necessity, However, when the City Council had the item before them, they found public convenience or necessity would not be served by the issuance of the requested license, which effectively denied the applicant's ability to sell alcohol. Subsequent to that, the City Council found that the process by which the City approved off-site sale of alcohol permits, which included a conditional use permit to be approved by the Planning Commission and the City Council to make the finding of public convenience or necessity was not the best method of processing applications, requiring a double approval and the possibilify of considering the item by the Planning Commission and having it denied by the City Council. The Council amended the ordinance to give that authority to the Planning Commission so that in any subsequent applications any time an applicant comes before the Planning Commission for a conditional use permit to allow alcohol, the Commission is also requested to make a finding of public convenience and necessity at that time. 4 Planning Commission Minutes May 1, 2000 In this particular situation, the applicant did receive Planning Commission approval tor a conditional use permit and is now back after a 6-month waiting period to request that the Planning Commission now approve the finding of public convenience or necessity required to sell alcohol. Commissioner Romero asked for a list of stores to the west of this site that sell alcohol. Mr. Godlewski believed this information was contained in the original staff report and would obtain it from the file. The public hearing was opened, Sami Odeh. 2249 North Tustin, stated the Police Department does not object to the store having a license to sell alcohol. The moratorium was lifted in the City of Orange, They also applied for a brand new license rather than importing a license from some place else, The Planning Commission previously approved a conditional use permit and they have complied with all conditions, They now request the Commission look favorably on the finding of public convenience or necessity, The Pepsi vending machine has been removed from the front of the store and the Coke machine will be removed by the end of the week, 4 oeoole sooke in favor of this oroiect Linda Meahl, 1838 West Casa Linda Circle, John Marks, 1021 West Maple Avenue, John Aguirre, 260 South Norwood, Terry Smith, 475 North Citrus Street The speakers spoke favorably of this mom and pop store, The family-run market is an asset to the community, Beer and wine sales are located towards the back of the store, The unique character of the store enhances and preserves the nature of the City, 2 oeoole sooke in oooosition Donice Oden, 173 South Lime Street Pam Petersen, 122 South Lime Street The speakers concur with what has been said about this store; however, they are concerned about the safety of the children who live and play in the neighborhood, There is also a school close by, There are four (4) stores within a five-block radius of the store. Orange does not need another store that sells alcoholic beverages, Delivery trucks park on the street Aoolicant's resoonse Mr. Odeh has tried to respond to all of the concerns expressed by the community, The public hearing was closed, Commissioner Romero stated the Commission must make a finding of public convenience or necessity, Beer and wine would allow a public convenience for the local residents, The market looks substantially better than it did previously, He approves of this request Commissioner Carlton agrees, She thought this was an issue of public convenience to the people who shop at this market It will not adversely affect the welfare of the surround community for the store to have beer and wine. And, the Police Department is not protesting the request In all fairness, the applicant should be allowed to sell beer and wine, Commissioner Smith remains in favor of permission for the finding of public necessity, She is very much in favor of supporting small businesses in Orange, Beer and wine need to be there for a person to compete in the market today and beer and wine sales would enable a store like Mr. K's to stay in this neighborhood, She pointed out that Chapman Avenue is too busy of a street for children to be crossing to get ice cream, 5 Planning Commission Minutes May 1, 2000 She appreciated Mr, Odeh's efforts to tidy up the front of the market She requested that he carefully look at his signage and make sure that it complies with the City's ordinance, Chairman Bosch was not present for the last vote, although he was present years ago when he was against the application, But, there has been a radical change in management and with conformance to City standards, He does not have a problem with a certificate of public convenience or necessity, As encouragement, based upon the previous hearings where it was stated that the size of the parking lot would have plenty of room for delivery trucks, he thought they should work together to see what can be done to get the delivery trucks to park on the property rather than the street He didn't know if there was anything the Traffic Commission could do to help relative to parking, MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to approve the finding of public convenience or necessity, based on the Commission's discussion in support of granting this certification, AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 4. CONDITIONAL USE PERMIT 2330-00 - RUBIO'S BAJA GRILL A request to allow the on-site sale of beer and wine at a new restaurant The site is located at 691 South Main Street NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act The public hearing was opened, Lorenzo Reves. 1224 East Katella #105. represented Rubio's Restaurants, Inc, They have read staff's recommendation of approval and conditions and are willing to accept them, The public hearing was closed, It was noted the project is categorically exempt from CEQA review, MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to approve Conditional Use Permit 2330-00, with conditions 1 through 17, finding that the conditional use permit is granted upon sound principles of land use and in response to services required by the community, It will not cause deterioration of bordering land uses or create special problems for the area in which it is located, The permit is considered in relationship to its effect on the community or neighborhood plans for the area and it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 6 Planning Commission Minutes May 1, 2000 IN RE: MISCELLANEOUS 5, GENERAL PLAN CONFORMANCE FINDING FOR FY 2000-2001 THRU FY 2006-07 Review of Capital Improvement Program for Fiscal Year 2000-2001 thru Fiscal Year 2006.2007 to determine conformance with the City's General Plan, as required by State Law, Commissioner Smith stated they were in attendance at a study session in which they thoroughly discussed the items listed on the staff report All of her questions were answered and she was impressed with staff's ability to forecast the City's vision, MOTION Moved by Commissioner Smith and seconded by Commissioner Carlton to find that the projects identified within the proposed seven-year Capital Improvement Program are consistent with the City's General Plan policy, AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Romero and seconded by Commissioner Carlton to adjourn to a study session on Monday, May 15, 2000, at 5:30 p,m in the Weimer Room to discuss the Santiago Hills 2 project The meeting adjourned at 8:40 p,m, AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Isld 7