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HomeMy WebLinkAbout2000 - July 17 (',?.Jf'1J&-...1 3 MINUTES Planning Commission City of Orange July 17, 2000 Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: Commissioners Carlton, Pruett, Romero, Smith Commissioner Bosch John Godlewski, Principal Planner, Ted Reynolds, Assistant City Attorney. George Liang, Senior Civil Engineer. and Sue Devlin, Recording Secretary IN RE: CONSENT CALENDAR 1. Approval of the Minutes from the Meeting of July 5. 2000 MOTION Moved by Commissioner Carlton and seconded by Commissioner Smith to continue the Minutes of July 5, 2000 to the next meeting. AYES: NOES: ABSENT: Commissioners Carlton. Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED IN RE: NEW HEARING 2. CONDITIONAL USE PERMIT 2342-00 - PUMP ROOM GAL'S BAR A request to allow more than three amusement devices at an existing bar. The site is located at 1532 West Chapman Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. Mr. Godlewski reported this application is to allow the addition of 11 video pinball games at the existing beer and wine bar. The amusement devices are proposed as an accessory use to the approved bar. The original bar was approved as The Tap Room in 1959 and was later granted a CUP in 1966 to allow the bar to expand into an adjacent tenant space. There are a number of concerns listed in the staff report from the Police Department, and most of those include requirements that are typical of what is required of new bars located in a similar situation. A couple of corrections were pointed out in the staff report. On Page 5, third paragraph, first sentence. additional words need to be added for clarification: "When reviewing this CUP application. the Planning Commission must consider how the approval of the video games to the existing alcohol use affect the welfare of the surrounding community." Also, the code section in that paragraph should be: (OMC 17.18.070.8). The public hearing was opened. 1 Planning Commission Minutes July 17, 2000 Donna Rhone. 2282 West Gravson. Anaheim, represented the applicant. She is the manager of the bar and has been employed for the last 5 1/2 years. There has been no problems associated with the sports- related games in the bar. She also stated there has never been any gambling on the premises. The applicant has not had a chance to review the conditions listed in the staff report. Commissioner Smith stated the Police Department submitted a list of documented activities and prior citations of ABC rules and regulations at this location. She wondered how long this new owner has owned the bar. Ms. Rhone replied the new owner has only owned the bar since March 15. 2000. She responded to Commissioner Smith's question about prior violations and she personally called the Police on two occasions. They are requesting the 11 gaming machines to fill the empty space inside the bar. The gaming machines are already at the bar, because they were left there by the previous owner. They are not requesting additional machines. Commissioner Carlton asked about the situation that occurred in 1995 and 1997 in which the business paid a fine for a suspension of a license for nudity. She asked if that person is still employed at the bar? Ms. Rhone said that person is no longer employed with them. Commissioner Romero referred to the police activities from January, 1998 to June, 2000. He asked about the assault and battery on June 3 and a fight on March 4. He is also concerned that the business was approved for three video games, and 11 more games were added without City approval. Ms. Rhone said the new owner was not aware that he needed City approval for the video games. and the machines were already at the bar. She explained the problem that occurred on June 3 and why the police responded. Vice Chairman Pruett asked Ms. Rhone to review the conditions with the owner. 2 people spoke in favor 01 the proiect Cruz Morin, 1239 East Rose Avenue. Orange. Rick Helgason, 2214 Bobby Lane. Santa Ana. Both speakers are regular customers and they frequent the neighborhood bar to play video games as a way to relax. They had never witnessed any problems while at the bar. Dannv NCluven is the new owner of the Pump Gal's Bar. He did not have enough time to review the conditions 01 approval and requested a continuance. Vice Chairman Pruett would also like the Police Department to review the conditions and to give the Planning Commission their recommendation. MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to continue Conditional Use Permit 2342-00 to the meeting 01 August 7, 2000. AYES: NOES: ABSENT: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED 2 Planning Commission Minutes July 17, 2000 IN RE: MISCELLANEOUS 3. DISCUSSION OF PROPOSED CODE AMENDMENTS RELATING TO: A. Exterior Pav Phone Facilities Mr. Godlewski explained concerns have been raised in that pay phones have made a transition in the past few years because of cellular phones. Pay phones have turned into a place for loitering and drug deals. Thus, these locations have become unsightly. The staff report lists other cities that have been researched in order to come up with a more current way of addressing public telephone booths and phone locations, out of the public right-of-way unless there is an encroachment permit from Public Works. A draft ordinance is fairly detailed for the Commission's consideration. City staff does not know how many phone locations there are because there is no process in place to take permits. At this time, the pay phone facilities are not regulated. In the ordinance, if pay phones become a nuisance, then the Police Chief can approach the owner of the pay phone to abate the problem, or the phone can be removed if the problem continues. It is not known if pay phones are regulated by the Public Utilities Commission. Vice Chairman Pruett would like some kind of designation or identification when a telephone is inside a building, if nothing else for safety. Commissioner Smith is in favor ot public telephones for public satety reasons and tor the use by children. Vern Jones. Plannina Manaaer, explained staff is looking for some control on new projects when they come in, to have some ability to alert the applicant that they need to think about a phone location. Many phone locations are in the public right-ot-way. which impedes circulation. Staff is not looking to eliminate phones. but trying to get better control ot them. Commissioner Carlton requested that phone books be provided at all pay phone facilities. Staff will add this request to their list. Commissioner Smith thought there should be some control over the pay phone facilities. There should definitely be an abatement period to give people a chance to bring the phones into compliance. She encouraged creativity in the placement of the phones to make them more attractive. She worries about the ones at the gas stations because they are placed in such unsafe positions. Phone facilities need to be well lit. She suggested staff look into who is providing phone service at these locations. Phones in close proximity to schools is encouraged. Vice Chairman Pruett commented on the clear glass phone booths in France. His only concern would be to not cause telephones to go away because they do provide a legitimate service and not everyone carries cell phones. He doesn't want the ordinance to be so restrictive as to discourage phone facilities. B. Temporarv Use Permits Mr. Godlewski said the City Attorney's office has suggested a sunset clause or a temporary time limit on the conditional use permits may be challenged by the court. It has been the long-assumed and sometimes litigated practice that conditional use permits run with the land and not necessarily with a time frame that has been imposed on them as a condition. Staff is trying to add a new category of procedure which is called the temporary use permit. Staff suggests that the process be more to that of the minor site plan review where staff reviews the application and it comes to the Planning Commission on the Consent Calendar. Typically these applications would be for limited periods of times such as outdoor storage, swap meets, agricultural sales (I.e., strawberry stands), and temporary uses as determined by the Community Development Director. There are two basic temporary use permits: 1) seasonal sales that would come up on an annual basis; and 2) classroom trailer or office trailer which would be for a limited period of time of one (1) to three (3) years. 3 Planning Commission Minutes July 17, 2000 Vice Chairman Pruett does not want to get into a situation of denying a conditional use permit without an opportunity for a Planning Commission hearing. He questioned whether the Community Development Director should be the one to make the determination for a temporary use permit or is it the applicant and their request for a temporary use permit? Mr. Reynolds replied it seems the applicant is going to request the temporary use permit. The applicant will always have the opportunity to file an application for a conditional use permit and that would have to be processed and heard by the Planning Commission. Mr. Jones said staff has looked at a number of options. One of the options is for the Director to make that determination. The item will still be placed on the Commission's Agenda under the Consent Calendar, so the Commission will still ultimately make that decision. He clarified the process that staff is proposing to implement for temporary use permits. Vice Chairman Pruett said an individual must meet the findings of the temporary use permit, or it will not be approved. This will help the applicant understand the process. And, he wants the public to participate in the discussions. The findings also need to be similar to the findings for a conditional use permit. Commissioner Carlton questioned why some of the uses even had to be reviewed by the Planning Commission. She believed the Community Development Director should be allowed to make the determination for a temporary use. Commissioner Smith believes the Planning Commission should review modular buildings for classrooms or offices. Mr. Jones said staff proposes to notify all of the surrounding property owners. Another option might be to separate categories one (1) and two (2) to differentiate between temporary. non-recurring uses and annual, seasonal or recurring temporary uses. The Commission concurred with Mr. Jones' suggestion to separate the two categories. C. Special Event Permits/Special Promotion Permits Mr. Godlewski explained there are no less than four (4) places in the code that cover various nuances of this type of request. Special Events have a separate chapter that deal with those activities of limited duration that are conducted on property not owned by the City. Staff is not proposing any changes to the "Special Pageants" section. There is also a section in the "Special Promotion Signs" that allow the use of portable signs. banners and outdoor display of merchandise (sidewalk sale in front of a commercial building). Over time, each of these different sections had a different time limit that was associated with the event. Staff has tried to clarify the definitions so that when there is a particular use such as a sidewalk sale or a carnival, that it clearly fits in one of the categories. The majority of the changes take place in the definitions. Vice Chairman Pruett wanted to separate the Special Events and Special Promotion sections in the Ordinance to eliminate confusion. D. 2nd Storv Additions Mr. Jones stated that City Council had asked staff and the Planning Commission to look at the process of reviewing proposed additions to single family homes. Staff has surveyed the City and a map is included in the Commission's packet that identifies the number of the areas that are covered by the one-story single family neighborhoods. Most of the areas were developed in the 50's and 60's and are traditional 6.000 to 8,000 square foot lots with one story homes. The Old Towne area of the City is the one area where this 4 Planning Commission Minutes July 17, 2000 issue has been addressed. There is a 1 1/2 story limit to the properties without a conditional use permit. Other cities were surveyed and they address this issue similar to Orange, wherein if they meet the development standards. then the addition can be signed off at the counter by a staff person and building permits can be pulled. The city of Yorba Linda. though. does require a conditional use permit for all second story construction. Staff has identified six (6) alternatives, in addition to not changing anything. Staff recommends the option of allowing staff to review and sign off on second story additions, using specific design guidelines that would help staff review the issues of privacy, bulk and mass. and community aesthetics. as per Exhibit "A". The Eichler tracts were discussed by staff and the Commission. These homes should be covered by more restrictive methods. Commissioner Smith liked staff's proposal for second story additions. She suggested looking at the scale and rhythm of the neighborhood. If the addition is the very first for the block, additional restrictions may be warranted to avoid a negative impact on the entire neighborhood. Mini-mansionization should be avoided. The Commission talked about neighborhood eyesores as a result of second story additions. Commissioner Romero likes the 1 1/2 story construction for other neighborhoods of Orange. He also liked Exhibit "A". Commissioner Carlton wanted to know how many permits were received last year and this year for second story additions. She also volunteered to help staff identify single story tracts on the map. Mr. Jones estimated second story additions to be in the range of 10 to 15 on an annual basis. Commissioner Carlton would like to hold a public hearing process on this issue of second story additions. Vice Chairman Pruett would like staff to develop criteria to address bulk and mass issues. It is important to present these issues in a public forum. He would like to see a timely, inexpensive process that will produce a quality project. Mr. Jones suggested that the Design Review Committee also review these projects, as part of the process. IN RE: PUBLIC COMMENTS Bob Bennvhoff. 10642 Morada Drive. Oranoe Park Acres. alerted the Commission that they were just about to start a campaign to annex half of Orange Park Acres that is still in the County to the City. He suggested the City also give some thought to annexing 17 unincorporated areas in Orange and get rid of the unincorporated areas. IN RE: ADJOURNMENT Moved by Commissioner Smith and seconded by Commissioner Carlton to adjourn to a study session on Monday, July 24, 2000 at 5:30 p.m. in Conference Room "COO to discuss the Santiago Hills Phase II Project. The meeting adjourned at 9:00 p.m. AYES: NOES: ABSENT: Commissioners Carlton. Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED /sld 5