HomeMy WebLinkAbout2000 - March 6
MINUTES
Planning Commission
City of Orange
March 6, 2000
Monday - 7:00 p.m.
PRESENT:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
ABSENT:
None
STAFF
PRESENT:
Vern Jones, Planning Manager/Secretary,
John Godlewski, Principal Planner,
Mary Binning, Assistant City Attorney,
Roger Hohnbaum, Assistant City Engineer, and
Sue Devlin, Recording Secretary
IN RE:
ITEM TO BE CONTINUED OR WITHDRAWN
1. CONDITIONAL USE PERMIT 2305-99 - SAM DESAI
A revised proposal to demolish existing buildings and construct a mini-market with gas pumps and an
automatic car wash. The site is located at the southeast corner of Main Street and Almond Avenue.
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act.
Chairman Bosch explained that the applicant has requested to continue this item indefinitely.
MOTION
Moved by Commissioner Bosch and seconded by Commissioner Pruett to continue Conditional Use
Permit 2305-99 indefinitely.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
IN RE:
CONSENT CALENDAR
All items were pulled for discussion and separate action.
2. Approval of the Minutes from the Meeting of February 23, 2000.
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Smith to approve the Minutes of
February 23, 2000.
AYES:
NOES:
ABST AINED:
Commissioners Bosch, Carlton, Pruett, Smith
None
Commissioner Romero
MOTION CARRIED
3. MINOR SITE PLAN REVIEW 130-00 & NEGATIVE DECLARATION 1629-00 - AIR TOUCH
CELLULAR
A request to erect a 60-foot-tall cellular antenna with a pre-fabricated equipment shelter installation in the
parking area for an existing industrial development. The site is located at 504 West Chapman Avenue.
Jim Donovan, Senior Planner, summarized this project. The property's zoning classification is M-1. The
City's current standards allow installation of cellular antennas in the commercial zones and in the M-1 and
M-2 zones. There are other zones where installation of such a structure may be reviewed by a conditional
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March 6, 2000
use permit. The site is about 600 feet long; it's a through lot that connects Chapman to Almond Avenue.
Although the site is located in the Old Towne District, it is not a historic property. It was developed in 1966
as a concrete tilt up, multi-tenant, industrial building with a parking facility, including 88 parking spaces.
The applicant has been consulting with City staff on an appropriate site for the Old Towne District. The
applicant has approached a number of owners of existing buildings in the area, either for technical reasons
or financial reasons, but they could not come to any type of agreement on another location for an antenna.
Staff is concerned about the proposed utility pole and questions the potential to negatively effect the
context or quality of the surrounding Historic District. The Design Review Committee reviewed the
proposal on January 19, 2000 and determined that in their view the project might have an impact on the
historic qualities of the District. Before that time, staff had undertaken the preparation of a negative
declaration. There is an inconsistent finding in the negative declaration that is saying that the project can
be approved; that it is essentially self-mitigating in the fact that the applicant has selected a site that does
not include any historic resources. There are several conditions of approval that are listed in the staff
report. Staff is asking for upgrades to the current landscaping in the parking facility. The parking lot was
developed in 1966 and includes a surplus of approximately 27 parking spaces at this time. The applicant
may be removing as many as three or four to install the cellular site. The applicant proposes a pole that is
larger than a flag pole, about 36 inches in diameter with equipment at the top.
The public hearing was opened.
John Koos, representinq Air Touch Cellular, 8474 East Amberwood Street, Anaheim, requested to erect
one of their antennas in the Old Towne District. They will be leasing space from the property owner which
varies in price from $500 to $3,000 a month depending on the site and the conditions surrounding it. This
proposed site is very focused and specific to the Old Towne area, with a range of 1/2 mile, because the
sites along the freeway are over-crowded. A flag pole type of antenna would work for the site. It's size is
approximately 36 inches in diameter at the base and tapers up to about 24 inches at the top. The
antennas will be encased within a fabricated shield.
Commissioner Pruett commented that the Design Review Committee recommended denial and they gave
three findings. He wanted to know what Mr. Koos expected the Planning Commission to do that the DRC
couldn't do from the standpoint of working with the applicant to improve the project. He asked if they had
revised their plans or had they come up with new ideas.
Mr. Koos didn't think the Planning Commission would do anything drastically different from the DRC, but
the DRC asked them to meet with the Economic Development Department. They felt they researched all
other locations and owners who would be suitable for them and it seemed like it would only delay the
process. The only significant change is a reduction in the height of the pole from 60 feet to 50 feet. They
did look at alternative sites, but did not have any success. He explained the stealth pole and flag pole
options.
Bruce Parsons, 8 Winthrop, Newport Beach, is the property manager of the site. He believed the mono-
pole would be the best solution. He did not want to attract attention to the pole by putting up a flag.
1 person spoke in opposition:
Joan Crawford, 394 South Oranqe, attended the DRC meeting and she was disappointed that the
applicant was not willing to work with the DRe and some of the options that were offered. She had a hard
time understanding why this pole had to be located in the one square mile of Old Towne. The design
does not fit the Old Towne standards and it would have a tremendous negative impact. She thought this
would set a precedent.
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March 6, 2000
Applicant's response
Mr. Koos responded all of their sites are very focused and to move outside of Old Towne would be giving
up the opportunity to cover the area. It would not help them to locate outside of Old Towne. The number
of customers dictates the number of sites. Their equipment could be designed to include future carriers
as they are always looking to co-locate.
The public hearing was closed.
Commissioner Smith was not in favor of the project in this area. The amount of space needed to put this
pole up would be the equivalent of four parking spaces'. It's more than just the height of the pole. She
addressed each of the bullets on Page 3 of the staff report. She did not believe the Elks Club was
adequately explored. The height of the building is acceptable and many people in the community have
worked quite equitably with the Elks Club for many years. The proposed property is subject to regulations
by the Santa Fe Depot Specific Plan, and neither that plan or the zoning ordinance established
telecommunication facilities as a permitted use at the premises. There is not a clear precedent that the
antenna has to be installed in this area, especially close to the railroad tracks. Chapman University is just
three blocks north of this site, and she's not sure whether that has been adequately explored. She
refuted the statement that the site is nearly 600 feet deep, the length of an entire City block. The site
affords a central location with a maximum buffer of approximately 300 feet between the antenna mass and
the nearest public rights-of-way. She visited the site and something that is beautiful about the site is that
there is no intrusion in the line of sight above the ground. There are no power poles along the railroad
tracks or for a long distance away from that particular site. The site is in the center of the historic district,
being only five blocks west of the Plaza, which is the center of Old Towne. This site, even though it is
zoned industrial, is with tilt-up buildings, but putting a pole on the site sets a precedent for other
monopoles to come along. The staff report calls the Commission's attention to the fact there is an
abundance of parking spaces and perhaps that is one of the lots where the City should look for additional
parking because of the parking crunch in Old Towne. The surrounding area has been developed in
historic preservation form. The City has spent a lot of money on both the design and obtaining fixtures
that would match the Historic District and renovated the Depot site to have a look of historic preservation.
Even though they are new and modern furnishings, they're done in the era of Old Towne, in 1910 to
1920. This project is not compatible with that. She disagreed with the statement about the packing
houses. The packing houses are not on that side of the railroad tracks; they're on the east side of the
tracks. There is only one on the west side of the railroad tracks. She supports the DRC's line of thinking.
She agrees that even though it is a small sliver in the industrial space, it is surrounded by residential uses
in the Historic District. She also agreed that perhaps an installation on a taller building in Old Towne might
be a better alternative. The idea of a mono-palm is not a good one. To put up a fake, metal palm tree in the
area isn't compatible.
Commissioner Carlton agreed. She thought it would be helpful to have the proposed project super
imposed onto the site because it is hard to visualize a 50 foot monopole.
Commissioner Pruett is concerned that at some point there will be cellular antenna sites within Old Towne.
He wanted to know how to achieve this and still preserve the historic community. He did not think the
proposed project has been given the creativity that it requires. It is important to come up with the
necessary criteria for similar projects in Old Towne. He thought some of the work could have been done
with the DRC to help applicants get through the process.
Chairman Bosch concurred that they need to find a way to address this issue for the future. It's important
to also look at other types of information so as to avoid a negative impact on the area. Anything that goes
on this site must meet the Old Towne Design Standards, which are part of the City's ordinance, in addition
to being integrated within the Secretary of Interior Standards within the National Register Historic District.
He believes additional homework needs to be done to demonstrate that Air Touch Cellular would see the
investment necessary to locate in the Historic District, and to assure that there is no major visual impact
from whatever structure occurs on any site in Old Towne, as well as the improvements they propose on
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March 6, 2000
the property are in conformance with the Old Towne Design Standards. It would be against the ordinance
to approve the project as currently proposed.
MOTION
Moved by Commissioner Smith and seconded by Commissioner Bosch to deny Negative Declaration
1629-00 and Minor Site Plan Review 130-00. This project would cause deterioration of the Historic District
in which it is located. It does not conform to the Old Towne Design Standards. It would cause significant
negative environmental impacts. There are other City and public services available that are adequate to
serve the needs of cellular phone access. The project is not compatible with community aesthetics. The
project as designed, and the specific type of project for this site, would not be mitigated to less than
significant impact relative to a substantial adverse effect on a scenic vista, or substantial degrade to the
existing visual character or quality of the site and its surroundings, despite being on a site that does not
have historic resources per se, it's location is within the Old Towne District, which is an accumulation of
sites that, through its nature and contributing structures, works as a District and not as individual sites.
This project, as designed, could not be mitigated in that regard. With regard to the cultural resources, the
project, as designed, could not be mitigated to less than significant impact in terms of its causing
substantial adverse change in the significance of a historical resource as defined in Section 15064.5, for
the reasons previously stated. The Commission has not seen a demonstration that alternative methods of
providing for required coverage by a cellular provider have not been demonstrated, either in their potential
for success or the inability to create them through the utilization of multiple sites rather than a single major
site that cannot be mitigated in terms of its negative impact upon the National Historic District.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
Commissioner Smith stated the site itself is historic; it is the site of the first factory in the City of Orange
where a cereal product was packaged from the local groves when there were grape crops. That building
was demolished in the early 80's due to a street widening project, initiated by the City.
Mr. Jones explained the Commission's decision is final, unless appealed to the City Council.
IN RE:
CONTINUED HEARING
5. ZONE CHANGE 1202-99, CONDITIONAL USE PERMIT 2306-99 AND VARIANCE 2078-99 - NORTH
ORANGE CHRISTIAN CHURCH
A request to allow a pre-zone change from a County designation to a residential duplex zone (R-2-6), the
expansion of an existing church facility, and the use of tandem parking spaces. The site is located at 1001
East Lincoln A venue.
Negative Declaration 1615-99 was prepared to evaluate the environmental impacts of this
project.
(This item was continued from the February 23, 2000 meeting.)
NOTE:
The public hearing was re-opened.
Tom Merrill, Civic Solutions, 31726 Rancho Vieio Road, #223, San Juan Capistrano, is the planning
consultant for the Church. The Church is in agreement with the revised conditions of approval. They also
attempted to respond to the Commission's questions raised at the last meeting. The site is currently
maxed out with parking. With the new development of the sanctuary (Phase 1) and abiding by a condition
that they can't use the two sanctuaries at one time, there will be an increase in the supply of parking. But
when Phase 2 is started, the Church will need to take another look at the parking. As the Church grows,
there is a potential for insufficient parking. Both the Church and staff have agreed to a condition that
would require that the issue of parking be brought back for review when the Church is ready to build
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Planning Commission Minutes
March 6, 2000
Phase 2. The other issue was the use of the tandem parking spaces. These spaces are extra to the
requirement of the code. These spaces cannot be counted as required parking spaces either for this use
or if the Church changes the use to some other use, or they should sell their property to someone else.
There will be a declaration of covenants and restrictions on the title to the property that would put any
future owner on notice of that requirement. They also understand that the revised conditions provide that
they cannot use the two sanctuaries at the same time. And, in the event the Church should increase its
supply of parking, and also wish to use the buildings simultaneously, that they would have to come back
before the Commission for review and approval. They agree to a parking management plan. They also
realize that a daycare or full-time school cannot be implemented without separate review by the Planning
Commission.
The public hearing was closed.
Commissioner Carlton wanted to add a condition for the alley clean up after special events at the Church.
Chairman Bosch appreciated the applicant's working with staff to make these improvements, and for the
very careful design by the architect of the new structures to be compatible with the historic resources.
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Smith to approve Negative Declaration
1615 finding that the project would not have a significant adverse impact on the environment or wildlife
resources.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to recommend to the City
Council to approve Zone Change 1202-99, Conditional Use Permit 2306-99 and Variance 2078-99, with
conditions 1 through 10 and conditions 16 through 21 in the original staff report for the meeting of
February 23, 2000, and revised conditions 11 through 15 dated February 29, 2000. Add condition 22:
The Church shall clean up Orange Avenue and the shared alley after special events at the Church. 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 the site is located. It has been considered in relationship to its effect on the community or
neighborhood plans for the area. It is made subject to those conditions necessary to preserve the general
welfare, not the individual welfare of the applicant. Requirements for granting the variance are because of
special circumstances applicable to this property, the historical nature of the site and the buildings, and it is
also subject to the conditions to assure that any adjustment does not constitute a grant of special
privileges, but one that takes into consideration the project and its impact upon the neighborhood.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
RECESS - The Chairman recessed the meeting at 8:15 p.m.
RECONVENE - The meeting reconvened at 8:25 p.m.
The Commission voted to re-open and hear Item 4 from the Consent Calendar because letters and cards
of opposition were submitted.
4. NEGATIVE DECLARATION 1631-00 - CITY OF ORANGE (BANK OF AMERICA)
A request to allow the demolition of an existing 9,000 sq. ft. non-contributing building formerly occupied
by Bank of America and replace it with a public parking lot as an interim use until a permanent use can be
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March 6, 2000
proposed by the City. The site is located at 345 East Chapman Avenue within the Old Towne Historic
District.
Mr. Godlewski explained this was a request for demolition and the ordinance requires that all demolitions
be reviewed by the Design Review Committee, and any demolition occurring within the Old Towne area is
required to have an environmental statement that assesses the impact on the Historic District. The
Negative Declaration was prepared for the demolition of the Bank of America building and was advertised
20 days prior to this hearing. The DRC recommended some minor changes in the landscape materials, as
well as a walkway to occur in the Chapman Avenue setback area to allow people to walk from the parking
area onto the sidewalk fronting Chapman Avenue.
Public comments were heard from 5 people
Jeff Miller, 153 North Center Street.
Mark Bernhart, 164 North Center Street.
Laticia Garraty, 176 North Center Street.
Thomas A vdeef, 158 North Center Street.
Arlene Avdeef, 158 North Center Street.
Chairman Bosch distributed a letter from Deborah Miller, dated March 6 and received at the hearing.
The speakers were not opposed to the demolition of the building, but were concerned with the access off
of Chapman Avenue being closed off completely. There were to be two access points on Center Street.
They asked to keep the access open on Chapman and perhaps close one access (closest to the
residences) on Center, and realign the parking lots to line up directly with the Library parking lot. They
voiced opposition to a future parking structure on the site. Traffic and speeding on Chapman, Center and
Shaffer is a problem. Asbestos abatement is also a concern to the nearby residents. A traffic study has
not been done and there is not sufficient information to make a decision on the traffic flow. Once the
building is demolished, noise will be a concern. The building acts as an acoustic buffer for Chapman
Avenue. They asked that more trees be planted along the wall next to the residences to help control
noise. The block wall fence that accesses the Presbyterian Church parking lot needs to be closed so that
the two lots don't have the opening between them.
Mr. Hohnbaum responded that the Traffic Division has reviewed both the deletion of the driveway on
Chapman, and the keeping of the existing driveway openings on Center. Staff has recommended that
the driveway on Chapman be eliminated to prohibit additional left hand turns as a median cannot be put in
the center of the street. This will improve safety on Chapman Avenue. The existing alignments of the
driveways on the property are exiting out onto Center and staff specifically recommended not to align
them with the driveway coming out of the Library, so that they avoid any head on movements of two cars
trying to enter Center Street at the same time. It would be better to stagger the driveways so that cars see
each other prior to making their movements. He assured everyone that the asbestos abatement is being
done such that in the eventual demolition of the building there is no asbestos contamination at that time.
The work that is being done to abate the asbestos prior to any demolition is meant to contain, according to
industry standards. With respect to the design of the parking lot and a landscape buffer on the most
northerly side of the parking lot to attenuate noise, he suggested that planting does not specifically buffer
noise, although it does provide a fairly reasonable aesthetic buffer. Plans do have some plantings there,
but he didn't believe it would preclude additional planting being placed there if that were the desire of the
Commission. He was not aware of what the use of the opening in the wall is between the two parking lots
and would have to investigate it.
Commissioner Pruett's concern in closing off that access is that it is a public parking lot and is providing
public service to the downtown area. He wondered if pedestrian circulation would be obstructed by
closing the wall.
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March 6, 2000
Commissioner Carlton noted one of the speakers indicated they hadn't received notice about the project.
She asked if the demolition of a building by the City required giving notice to the residents. She wanted
to know if there were plans for signage of the existing Library parking lot directing people to the overflow
lot.
Mr. Hohnbaum had not taken signage into consideration, but they could.
Mr. Godlewski explained that the noticing for this Negative Declaration is both in a newspaper notice and a
posting of the site, which was done. There is not a 300 foot mailing notice requirement for negative
declarations.
Commissioner Smith clarified a parking structure is not being proposed. She addressed the traffic issues
on Center and Shaffer Streets. She prefers to keep the opening in the block wall between the two
parking lots because people do not have to walk on the narrow sidewalk on Chapman Avenue. The
purpose is for pedestrian convenience and it has always been like that. She asked if there were new laws
to address major arterial streets, such as Chapman Avenue.
Mr. Hohnbaum said they didn't have any new laws, but common sense tries to preclude additional
driveway entrances on arterial streets wherever possible. In this case, because it is a corner property and
there are two existing driveways on Center, staff is recommending to close the driveway on Chapman and
utilize the other two. Signage is enforceable, but a police officer must be present to observe the violation
of a left hand turn onto Chapman. With signage in place, people still make left hand turns.
Chairman Bosch does not see a reason to retain the north driveway on Center to eliminate another impact.
The proposed lot has about 85 parking spaces and a single driveway looks like it would work. He would
like to see additional planting considered within the proposed planting area along the north property line
to shield that area and provide a buffer to the residences. He understands the Environmental Protection
Agency has very strict rules on the removal of asbestos. Signage should be added to the existing Library
parking lot and to the entrance of the new parking lot to encourage people to find parking spaces. And,
he agrees with the DRC's recommendation to provide a pedestrian walkway from the lot through the
landscaped area to the Chapman Avenue sidewalk on the south side.
MOTION
Moved by Commissioner Bosch and seconded by Commissioner Pruett to approve Negative Declaration
1631-00 and DRC 3468-00 finding that in order to identify full conformance with California Environmental
Quality Act for the Negative Declaration additional mitigation measures need to be undertaken for the
project as presented. Signage needs to be provided, designed to fit into the context of the Old Towne
Historic District and the Library site on both the Library site parking access area and the parking access
area to this new site, at the center of the lot on Center Street to more readily direct library patrons and
other civic users into this lot from the Library lot. And, to complete the mitigation of potential traffic
congestion and conflict points, the northerly existing driveway from Center Street into this lot be closed as
part of the development, and the area reconfigured without a loss of parking spaces, perhaps picking up
one or two, and with the landscaping that would thus result will also provide an enhancement of the
existing landscaping along the north side of the parking lot to further screen the neighboring residences.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
Commissioner Smith hopes the new parking lot will not become a parking area for local university
students. She asked that this be monitored.
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March 6, 2000
IN RE:
NEW HEARINGS
6. CONDITIONAL USE PERMIT 2321-00 SHOUKI MASKI (ZENA'S LEBANESE CUISINE)
A request to allow the sale of beer and wine at a proposed restaurant within an existing shopping center.
The site is located at 2094 North Tustin Avenue, Unit C2.
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act, per State CEQA Guidelines Section 15301.
There was no opposition to this item; therefore, the full presentation of the staff report was waived.
The public hearing was opened.
Shouki Maski, 22981 Aspan Street, Lake Forest, requested approval to serve beer and wine at their family
operated Lebanese restaurant. They will be serving food as well as beer and wine outside on the patio.
This area will have six tables.
The Commission was concerned that the patio was not closed off. They wanted to know ABC's
requirements and when does the ABC approve outdoor consumption.
Mr. Godlewski responded that the ABC looks at the applications on an individual basis. Their concern is
that the operator of the business has control over their outside area. It does not necessarily have to be
enclosed by gates. In talking with the ABC on permitting such applications in the Plaza area, they did not
have a problem with a 6 foot wide walkway across the front of the building and then access directly in front
of that area for their consumption of alcohol. It's up to the ABC to be satisfied that the area is enclosed to
their specifications so that there is not free access to the area where minors might be able to walk in or walk
off with alcoholic beverages. ABC requires that the City sign off on an application before they make a
determination. If an application requires a conditional use permit, then the ABC requires to see proof that
the CUP has been obtained, and they also like to see the conditions of approval.
The public hearing was closed.
Commissioner Pruett stated the Commission has always required the patio area to be fenced off;
however, this patio area is unique and there are conditions for signs to be posted on the outside patio
areas and inside the restaurant that indicates that consumption of alcoholic beverages is contained to the
interior and outside patio area.
Mr. Jones said there are other facilities that have an entrance through a patio area that is not gated. ABC
looks at the application and considers the unique, physical arrangements of the site. They will look for
sight view and control from inside the restaurant.
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 2321-00, 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 CUP
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
the applicant.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
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March 6, 2000
7. CONDITIONAL USE PERMIT 2323-00 - STEVE SILVERSTEIN (ZITO'S PIZZA)
A request to allow the on-site sale of beer and wine with meals in a new restaurant. The site is located at
156 North Glassell Street.
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act, per State CEQA Guidelines, California Administrative Code Section 15303.
There was no opposition; therefore, the full presentation of the staff report was waived.
The public hearing was opened.
AI Ricci. 616 East Chapman, is a co-owner of The Courtyard. This application is to have beer and wine in
The Courtyard, a mix of office, retail and restaurants in Old Towne. New restaurants want beer and wine to
be competitive. Zito's Pizza is a successful restaurant and he encouraged a successful established
restaurant in Old Towne. Beer and wine are only ancillary to serving Italian food.
Leason Pomeroy, 11222 Vista Del Laqo, Santa Ana, has had a lot of experience in developing specialty
retail establishments, and it is interesting to note that these specialty retail areas require about 30% food
service. Restaurants are the draw to the downtown area.
Gail Hewitt, 169 North Maplewood, is the owner of O'Haris Pub. She applauds the Commission for
approving the first of hopefully many restaurants downtown. Her business has changed over the years
and she no longer has day business. Restaurants are needed to bring people back to the downtown
area.
The public hearing was closed.
The Commission was in favor of this restaurant in the downtown area.
It was noted the project is categorically exempt from CEQA review.
MOTION
Moved by Commissioner Smith and seconded by Commissioner Romero to approve Conditional Use
Permit 2323-00, with conditions 1 through 12, 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. It is
considered in relationship to its effect on the community or neighborhood plan. It is meeting a public
demand. And, it is made subject to those conditions necessary to preserve the general welfare, not the
individual welfare of any particular applicant.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
8. CONDITIONAL USE PERMIT 2324-00 - CHRIS & HARRIET WHELPLEY
A request to construct a garage with a second story studio apartment in a multi-family residential (R-3) zone
adjacent to a single-family residential (R-1) zone. The site is located at 521 North Glassell Street.
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act, per CEQA Guidelines Section 15303 of California Code of Regulations.
The full reading of the staff report was waived as there was no opposition.
The public hearing was opened.
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March 6, 2000
Rick Fox, 170 North A Street, Tustin, is the architect for the project. The applicant requests to build a 2-car
garage. Currently, the site does not have a garage. And, to construct a 617 square foot studio apartment
above the garage in an effort to save a large oak tree that is in the back yard. They have no problem
agreeing to the conditions of approval, as well as paying the development fees. There was some last
minute clarification by staff regarding the street widening dedication, and if that dedication is not required
at this time, they are happy. It is their understanding to have interlocking pavers 25 feet from the back of
the existing sidewalk.
Commissioner Pruett questioned the two different plans.
Jim Donovan, Senior Planner, explained the plans on the wall were reviewed by the SRC and reflects the
initial site plan. Staff asked that the circular driveway be eliminated because of the catch basin at the south
end of the site. The applicant redesigned the plans and the plans in the Commission's packets are
correct.
Harriet Whelpley, 2143 North Cleveland Street, is trying to keep the project within the framework of the
house that was built in 1904. The DRC approved two lighting fixtures that were on the set of plans
reviewed by them. They are not considering a replica of an antique light because they are outside of the
Historic District.
The public hearing was closed.
Commissioners Carlton and Smith encouraged a condition be added to require that the light fixture be in
keeping with the historic context of the property and not have a modern fixture to detract from the work
that has been done. It does not have to be an antique fixture, which could be quite expensive.
Chairman Bosch suggested a condition that states that all new exterior light fixtures shall be of a design
appropriate to the historical context of the existing building and the architectural style of the new addition.
It was noted the project is categorically exempt from CEOA review.
MOTION
Moved by Commissioner Bosch and seconded by Commissioner Carlton to approve Conditional Use
Permit 2324-00 with conditions 1 through 5 and add condition 6 that all new exterior light fixtures be of a
design appropriate to the historical context of the existing building and the architectural style of the new
addition, subject to the approval of the Design Review Committee.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
IN RE:
ADJOURNMENT
Moved by Commissioner Smith and seconded by Commissioner Romero to adjourn at 9:30 p.m.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
/sld
10