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HomeMy WebLinkAbout02-07-1994 PC MinutesMINUTES Planning Commission City of Orange PRESENT: Commissioners Bosch, Cathcart, Pruett, Smith ABSENT: Commissioner Walters STAFF PRESENT: John Godlewski, Manager of Current Planning; Stan Soo-Hoo, Assistant City Attorney; Bob VonSchimmelmann, Assistant City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF JANUARY 17, 1994 February 7, 1994 Monday - 7:00 p.m. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to approve the Minutes of January 17, 1994 as corrected: The motion regarding Ordinance Amendment 4-93, Zone Change 1166-93 - Comprehensive Zoning Ordinance Update -was made by Commissioner Walters and seconded by Commissioner Pruett. AYES: Commissioners Bosch, Cathcart, Pruett NOES: None ABSENT: Commissioner Walters ABSTAINED: Commissioner Smith MOTION CARRIED IN RE: ITEM TO BE CONTINUED CONDITIONAL USE PERMIT 2051-93 - ARG ENTERPRISES, INC. A request to establish a billiard area within an existing restaurant building This area was previously used as a dance floor. Subject property is located in the Koll Center Orange (building formerly occupied by the Red Onion Restaurant) addressed 450 North State College Boulevard. NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301. Staff received a request to continue this item to the February 23 meeting. No one was present in response to the item. Moved by Commissioner Cathcart, seconded by Commissioner Smith, to continue Conditional Use Permit 2051-93 to the February 23, 1994 Planning Commission Meeting. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 2050-93 -SUPER SPORTS INC., GOLF DIVISION A request for the proposed development of a golf practice and recreation center, including the demolition of most existing school buildings and construction of a driving range with 100 tees, 85 foot high fencing, outdoor lighting for night use, apro-shop, tennis, volleyball and speed soccer courts. The applicant would also like an option to use the existing cafetorium for non-profit bingo games, 2 Planning Commission Minutes February 7, 1994 Subject property is the former Peralta Junior High School, located on the northwest corner of Canal and Meats Avenue, addressed 2190 North Canal Street. NOTE: Negative Declaration 1448-93 has been prepared to evaluate the environmental impacts of the project. Commissioner Cathcart excused himself from the meeting due to a potential conflict of interest. Jim Donovan, Planning Staff, presented the staff report in detail as there were people in opposition to this project. The development would occur in phases, beginning with the demolition of five of the six classroom buildings and the handball courts. Phase 1 would include construction of the practice fairway and 62 of the 94 proposed golfing tees, one batting cage, a soccer field and a baseball diamond. Two of the existing classroom slabs would be utilized at the foundation for a volleyball and speed soccer areas, which are also part of the proposal. The area that supports three of the other classroom buildings would revert to open space. It would be developed as the practice soccer field that is shown on the conceptual site plan. The remaining classrooms, which is one building with six individual classrooms, would be utilized for extended or after-school care. During Phase 2 there would be 32 additional tees developed, a second speed soccer area and another batting cage. According to the Orange Municipal Code, bingo games are permitted only as fund raisers for non-profit organizations and may be permitted within the auditorium only once each week. The development proposal includes the installation of two modular buildings to be used as a golf academy classroom and pro shop, as well as the construction of two new parking facilities that will contain 285 automobiles. One parking facility is proposed near the center of the project site; the other near the intersection of Canal and Meats. That is supplemental to the existing parking lot, which includes 30 parking spaces. Operation of the facility would require the installation of netting around the perimeter of the fairway, which would vary in height from 50 feet to 85 feet. Outdoor lighting would be installed so the fairway could be used during the evenings until 10:00 p.m. Negative Declaration 1448 was prepared to address the environmental impacts that are anticipated if the development were approved, including the effects of lighting on adjacent residential parcels, noise, safety, parking and traffic; however, the Environmental Review Board finds no evidence to suggest that any adverse impacts should be anticipated if the project were approved as it is proposed. Commercial recreation facilities and bingo games fall under a category of land uses that may be permitted under any zoning classification subject to review and approval by the City Council. The Planning Commission was asked to evaluate the merits of the proposal and make a recommendation to the City Council. The public hearing was opened. Applicant Kent Hawkins, 2444 Vista Nobleza, Newport Beach, is the co-owner of Super Sports. They have been working on this project for the better part of a year with the community. Several community meetings were held with local members of the community and surrounding neighbors. Most of the ideas being presented have come from the community; they've consolidated the community's thoughts with their efforts to present a community project. They feel with the approval of this project it will clean up the surrounding area in many ways. They're seeking approval for Phases 1 and 2, and then possibly roller hockey. He explained the background of their company. In addition, they will be managing the facility in its entirety. They will work with the School District to manage the areas that will be open to the public. Their offices will be on-site and the pro shop will be open full time. They are going to be very community oriented. There will be a child care facility, jr. golf programs, jr. tennis programs and soccer programs. There will be different types of jr. clinics for the kids in tennis and golf. They specialize in quite a bit of fundraisers for the community. Commissioner Smith asked which phase the child care center and auditorium were a part of? (Phase 1.) She asked for more details about the child care center. Will the auditorium be open to the public or must a fee be paid to use the facility? Mr. Hawkins explained they were under contract with the Orange Unified School District. The District will come back and use that facility. Three of four classrooms will be used for child care. It will be managed by the District. The auditorium will be used on a first come, first served basis. A rental deposit will be required for cleaning, and a nominal fee will be charged. Those people conducting bingo games have their own equipment that they will bring with them. Commissioner Smith asked if they had similar facilities like this one in other areas? Planning Commission Minutes February 7, 1994 Mr. Hawkins said they had a golf practice center in Vista. It's doing exceptionally well and the community is very much involved in it. Chairman Bosch was concerned about the protection for errant golf balls. Was there a study that illustrates from a sectional point of view about height and distance of what to expect at the further areas? He was concerned about the residences along Meats, and then adjacent to the middle of the site into the existing practice baseball field and then the other residences as well. Mr. Hawkins brought a study with him that he displayed to demonstrate how golf balls are hit, including errant golf balls. They took a grid analysis and plotted it onto their map/exhibit to show the different shots. Tee dividers and nets will also be used because they want to protect the community as much as possible. Public Comments Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, wholeheartedly endorsed the project. The School District is in financial trouble. This is the first plan he has seen in 10 years the public has accepted. The School District needs the money and it serves a good community purpose. He urged the Commission to approve this project. Roger McClanahan, 2404 Parkside, asked for approval of the project because it would improve the area. Also the School District and City could use the money. It would get the kids off the street and involved in sports. Carole Walters, 534 North Shaffer, thought the project was a good one and the City needs something like this. She asked all those people in support of the project to stand up. Robert Beltz, 1021 Meats, is one of three people who live in the middle of the school yard. He understood they were going to put up a net around their homes. (Yes.) Will there be shrubbery planted? Their main concern are the lights shining into their homes. Phyllis Crippin, 940 East Meats, asked how many people would be at the facility at the same time? She was concerned about the traffic on Meats. How will the facility be secured in the evening hours? What will be the hours for the pro shop and snack shop? Will alcohol be served? Chairman Bosch noted the Commission received a letter from Dianne Venezuela, 828 East Glendora, in favor of the project. Ron Jones, 2089 North Chateau, opposed the project. He moved to his residence four years ago and has noticed an increase in younger families and children moving into the area. He didn't know where Orange would get money to buy more property if the school buildings were torn down. People in the area will have to deal with the lights. Does this mean Meats is going to become commercial? Camelot is already in existence along the Freeway. They have security guards, but also have problems with gangs. The golf center is not needed; more problems will be encountered if it is approved. Ruth Peterson, 2427 North Umberland, asked if there were plans to close the street off or to open it up for pedestrian access? Hours of operation were a concern, especially during the week. Maybe 9:00 p.m. would be more suitable during the week and then later hours on weekends. Chairman Bosch explained the proposal keeps Umberland closed at the existing point for vehicular traffic, but maintains the pedestrian way along both the north and west property lines of the property down to Meats and out to Canal. Robert Estrada, 2025 North Maplewood, asked if costs would come back to the residents or the City in either taxes or fees in the future? Was this going to be a lease, a sale or rental -- it will affect the future use of the property. Will there be any financial liability in the event of accidents or claims against the property? He thought they were giving up a piece of prime real estate. Maybe in the future some housing could be built there. No specifics were being discussed and he was concerned about the project. Chairman Bosch pointed out the purpose of the Planning Commission was to review land uses and the appropriateness of proposed development concepts for the neighborhood in which they're found. Economics are not the foremost purview of the Planning Commission, although they must be concerned as to whether the services proposed are required by the community. Through the conditional use permit process, the Commission will determine whether sound principals of land use apply with the proposal before them; whether the uses would cause deterioration or problems for the neighborhood, or whether 3 Planning Commission Minutes February 7, 1994 they would have a negative effect on the neighborhood or community plans. The property is owned by the Orange Unified School District and not by the City of Orange. Relative to liability issues and the potential future impacts on use of the land, those are of importance to the Commission and will be discussed by the applicant in his rebuttal. Linda Jones, 2089 North Chateau, spoke in opposition to the project. She and her husband came back to Orange because they liked it. They wanted their kids to grow up in Orange, away from gangs. She thought the school would eventually be reopened as a neighborhood school. The project will bring in strangers to the neighborhood. Will the new facility allow the children to continue playing ball free of charge? Resident, 943 East Meats, would like to build a block wall around their houses because their windows are always being broken. Traffic congestion was also a concern. He was opposed to the project. Rebuttal Mr. Hawkins understood the neighbors' concerns. Half of the project will be open to the public, especially for the children. They have stressed all along this project will be community oriented. They are aware of the area and how people tend to hang out at the Mall, the arcade and these types of facilities. They are, however, not that type of facility. There will be 24-hour security at the site. Lighting will be provided up until the time they close and will provide common area lighting for the rest of the community to enjoy, including the jogging trail they will have for people to walk their dogs, or to stroll. Kids will still be able to come over and play baseball and basketball and there is no charge for that. Alighting plan has been provided to staff, which shows the amount of footcandles the lights will put out for the entire project. It will include the golf area, parking lots and common area lighting, as well as for the tennis courts and enclosed soccer field. They will not be lighting the baseball field or grassy soccer field. They will be using directional lighting which is 100% controlled. There will be no light pollution that will be glaring in the neighbors' windows -- it will be focused. They will work with the neighbors if complaints arise to resolve the problems. They will also provide screening in the form of landscaping. The three homes will have dense landscaping and will be screened off from their fencing. Windows will not be broken any more because the screening will not allow it. A traffic study was made and provided to staff; staff has made their recommendations to the Commission based on that study. They took parking into consideration for the golf facility and the rest of the facilities, hours of usage and peak times, and felt they have provided more than adequate parking for the proposed project. The pro shop will be open and closed during the hours of operation, which will give them 100% control. They will not be serving alcohol; they're very much against sports and drinking anyway. They do not promote that and will not serve alcohol in the facility. The food menu will be primarily sandwiches, hot pizza, soft drinks, candy, chips and things like that. Children will still be able to use the pedestrian access trail on their wayy to and from school. They are leasing the property from the School District; they are not purchasing it. In the future, if there is a need or demand for a school site again, the District has the right to take back the property and convert it back into a school. The District has done studies and have found this is a surplus site for now; therefore, this project is a better use for them. They will provide 24-hour security. This will be a first-class facility and they want to maintain the integrity of the site. They want to make the facility a safe place for everyone to use. They consider this an "active" park; it's not a place for kids to hang out, smoke and drink and do other types of things. If the kids are not active, they will be escorted off of the property. The tennis courts and golf facilities will be fenced off and will be private. The enclosed soccer field will be closed down at night and enclosed buildings will be locked. The tennis courts will be on a first come, first served basis with no fee charged. They will have liability insurance, which will cover the portion of the site they will control (private section). The areas open to the public will have a combined liability policy with the Orange Unified School District. This has nothing to do with the City. Commissioner Smith asked how many people would be on the property at one time (an estimate)? Mr. Hawkins thought between 200 and 250 people at one time. The public hearing was closed. Commissioner Pruett thought the project was a good one in terms of use of the property. The property is creating a public nuisance now. It creates a burden on the police and fire services and on the community as a whole. The project has been well thought out and the developer has worked very well with the community to address their concerns and issues. Planning Commission Minutes February 7, 1994 Moved by Commissioner Pruett, seconded by Commissioner Smith, to accept Negative Declaration 1448-93 in that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources. AYES: Commissioners Bosch, Pruett, Smith NOES: None ABSENT: Commissioners Cathcart, Walters MOTION CARRIED Moved by Commissioner Pruett, seconded by Commissioner Smith, to recommend to the City Council to approve Conditional Use Permit 2050-93 with conditions 1-6, adding two new conditions relative to a six month review of lighting and flight of balls. AYES: Commissioners Bosch, Pruett, Smith NOES: None ABSENT: Commissioners Cathcart, Walters MOTION CARRIED Discussion of Motion Commissioner Smith was concerned about the intrusion of lights and she wondered if there could be some review after the facility was opened to confer again with the neighbors or comment on complaints if the lights prove to be too intrusive. She wanted to add that as a condition of approval to make sure fuel is not added to a neighborhood battle. Chairman Bosch appreciated the exhibit with regard to the flight of balls. He wondered if another condition could also be added as well to review errant balls (after six months of operation). The applicant was willing to stipulate to the two new conditions. Chairman Bosch said this would be a major change of lifestyle for the neighbors, but will be a benefit to the community. He's tentative on part of this, but very hopeful that it represents a major improvement to what is there now. Commissioner Smith asked if the parking lot would be gated or open to access during non-business hours? She thought speed bumps should be installed because it was a large area. Chairman Bosch referred to the plan, which showed security gates and security fences between the north property line and the existing auditorium blocking that lot. Regarding speed bumps, he suggested referring that to the City Traffic Engineer. He may not have any purview over speed bumps because it is School District property. It was his opinion speed bumps were a major hazard rather than a help. Commissioner Cathcart returned to the meeting. CONDITIONAL USE PERMIT 2047-94 -ORANGE HOUSING DEVELOPMENT CORPORATION A request to allow the construction and operation of a senior citizen residential development and the construction of a building exceeding two stories in height. The applicant is also requesting a reduction in certain development standards set forth in Chapter 17.35 of the Orange Municipal Code. Subject property is located on the north side of Fairway Drive, 180 feet east of Tustin Street. NOTE: Negative Declaration 1447-94 has been prepared to evaluate the environmental impacts of the project. Staff received a letter from Dorothy Gibson dated 2!7/94 opposing any reductions in development standards; the letter was left for the Commissioners prior to the meeting. The public hearing was opened. Applicant Doug Chaffey, 2704 Hickory Place, Fullerton, is the co-developer of the proposed project along with Orange Housing Development Corporation. They want to provide housing for elderly persons of modest means -- rents will be significantly below the market. Site is an unusual one; the constraints are a little bit odd. It's not a perfectly rectangular parcel, making for an interesting design. It's located next to the Rehabilitation Institute. That means as the residents of the project age, they'll need more services. And Planning Commission Minutes February 7, 1994 RIO has those services such as a small seniors center, a therapy pool, adult day care, and the like. This will also enhance RIO because it will enable them to provide services for their targeted population as well. A lot of things have already happened on this project. Through the good cooperation and good will of people in the community along with both the County and City staff, they managed to record a parcel map late in the year. They have achieved success in being awarded an allocation of four million, eight hundred thousand dollars in Federal tax credits. That will bring a lot of money to the City in the way of fees being paid. He introduced the people involved with the project. He displayed a picture of the site to show how it interplays with the RIO facility. They also had a rendering of the protect They have committed to the Design Review Board to come back with a landscape plan. It is a large building, but they're doing the best they can to mitigate its size and height. Commissioner Cathcart referred to the staff report, Page 6. It discussed the Design Review Board's concerns about the building elevations, materials, and the massive, institutional and sterile look. He had to concur. He wanted to know if within the process they would be amiable to working with the D.R.B. to come up with a facade treatment and landscaping. Mr. Chaffey responded they were committed to come back with a landscape plan and they're looking at different types of materials that will reduce the site. He didn't particularly agree with those comments. To him, an institutional building was a box with double loaded corridors and steel doors. They don't have any of that in the proposed building. The building is entirely single loaded. They've tried to break it up with different looks, provided for a roof top recreation area, which will be landscaped as well. A lot of thought has already gone into the project. They're willing to bring back some better materials to soften the look as much as they can. Commissioner Smith noticed they have asked for a considerable bonus in the density and that the building heights exceed the standard building heights. Yet, the proposal contains less room than is required. She asked for their rationale of why they can't meet the standards for amulti-purpose room and why the recreation and leisure area was smaller, given the fact they are asking for a density bonus and an increased size of the building. Mr. Chaffey responded they are starting with a very difficult site. It is not as deep as they would like and it kind of maneuvers around. There were also some easements they had to recognize and play with. This is a project with reduced rents. In order to make the rents to that level, they do need some density. The size of the recreation room is very modestly reduced from what the standard indicates. It does have a full kitchen and pass-through ability into the open patio areas. They also have a library area that is off of it. Density is sometimes an issue, but he thought if they had grade level parking, it would be much less. They're making a very efficient use of the land by putting their parking beneath the structure. In that sense, it perhaps is not as dense as it would appear. It's important to note this is a project for elderly people. They wouldn't want this density for families. Density is helpful for elderly people. It helps them to provide them with needed services. If they're spread out, it becomes more difficult. It's important that they feel secure in their environment. This is going to be a fully secured environment. The parking area will have a security gate. Hidden in the planter boxes are security fences. There will be an intercom system to come and go through the building. They tried very hard to create areas for socialization so the elderly will not be lonely. Commissioner Smith wanted to know where their overflow parking would be? There could be 100 people living at the complex. With 38 parking spaces it seems I~kely on some occasions there wouldn't be enough parking to meet the needs of 100 people. Mr. Chaffey said the only other place for them to park would be on the street. They are not counting that in the calculations. Studies that have been made show that even 1/2 space per unit is more than an elderly project requires. People tend not to have cars. There is good access to public transportation. One of the neat things with RIO is that it has its own van fleet, which they have offered to make available to them. They do not anticipate a great percentage of people having their own cars. Commissioner Smith said in making a site visit to the project, she realized on the other side of the project there was a large parking lot that services the RIO facility. On Sunday afternoon it was virtually empty. Has there been any work with RIO to possibly use any of their parking facility for overflow rather than street parking? The street was completely filled and she was unable to find a parking place. Mr. Chaffey thought RIO's parking needs fluctuate. He has seen the lot when it was full. He didn't know if they had any extra parking or not. He doubted if they would have any objection if they had available parking to allow the residents some spaces over there. Planning Commission Minutes Commissioner Cathcart realizes the open spaces at RIO usable space for the complex as well. He questioned th 50 units (it averages out to 50 square feet per unit)? Mr. Chaffey said the numbers were incorrect on the plan. February 7, 1994 are being considered as open space/leisure and e 2500 square feet of private patios/balconies for Commissioner Smith agreed with Commissioner Cathcart in the design of the building as being rather flat and sterile looking. The building strikes her as the truest warehouse type architecture she has seen for senior housing complexes. The facility reminds her of other types of institutions, rather than senior housing. In looking at RIO, there is some compatibility; however, she was concerned about the particular architectural look of the building. She realizes cost is a factor, but it does concern her. It does not look inviting. Has everything been considered in the architectural design of the building? Mr. Chaffey responded they have agonized over that. They've had comments from a lot of people. They must have a certain density or they cannot offer the low rents. The problem with the look is dust that. When you start working with the building and you see how well it flows and you look at the size of the units, which tend to be larger than most senior citizen complexes, and all of the other things that are there, like the easy laundry facilities (one on each floor), the library, the double patios, security, the underground parking, which is also secured, and the availability of services from RIO, which add a real enhancement, they think it's a very livable project and by the time landscaping is provided, it will have a nice appearance. It will be an attractive environment. They've stayed away from the true institutional concept of double loaded corridors. This is not an inexpensive building. They're also planning to use steel in the structure of the building, which is an added cost factor. It will give you a tightly built building with true corners. Commissioner Smith's concern with the project is upon project approval, it sets a precedent for future projects. It puts the responsibility on her as a Commissioner to make a good decision so that a good precedent is set. The public hearing was closed. Chairman Bosch had concerns about the architecture of the building. Existing buildings on the site that regardless of how one judges their set of quality they do set a precedent and it's nice to build off of that. He recognizes the plan of the building isn't a major mass; it's a whole series of walls that is driven by the plan. What he finds distressing isn't that or even it's size, but perhaps just a bit more articulation of the major planes of the window treatments, on the ends of the planes whether they're punched in or how they're banded, how the top of the building (parapet) is handled would make a major difference. With some minor, clean detailing that keeps in with the general character of the building and it's adjacent properties to help reduce the institutional effects and still keep what's in the same context as the adjacent RIO buildings. He thought how the balconies and how the balcony railings are treated can help enhance that too. It's a type of bwlding style that became over used in its day, but now the Mediterranean style is over used. He suggested something more be done to articulate the details, articulate the major masses, enhance the value of the railings and balconies and the slab overhangs at them and some quotes from the adjacent RIO buildings to make this more of a campus complex. What makes this work for him isn't just the legally required bonus concessions for seniors and affordable housing, and it isn't just that there's some open space adjacent and it's not just that this parcel is small in size, but this is part of a hand n' hand development of a campus-like atmosphere. The residents of the complex need to benefit from RIO being adjacent to them in terms of open space and programs, overflow parking, the senior programs that are there, and RIO needs to benefit from it being here. They have a shared service easement; they share outlook and open space. He would like to see more evidence in terms of site circulation -- how the residents share access to the RIO facility. It seems rather constrained. It's through the garden plots, through the service drive or perhaps through a gate he missed that helps tie them into the programs there to assure more of a partnership in better use of the site. Chairman Bosch would like to see two things: one is process and one is that the detailed development occur and be reviewed by the owner, on behalf of the tenants and the D.R.B. prior to construction documentation; and second, it not be done with paint -- permanent materials are desired. Planning Commission Minutes February 7, 1994 Moved by Commissioner Cathcart, seconded by Commissioner Smith, to accept Negative Declaration 1447-94 in that it will not have a significant impact on the environment or wildlife resources. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED Commissioner Cathcart said Commissioner Smith's comments about parking was well taken, however, in reviewing the other projects, it didn't bother him that it is under parked. Most of the parking in the other senior citizen complexes are under used. He didn't see parking as much of an issue in these types of projects. He also was concerned with the recreation/leisure area; however, he suggested adding to condition 3 as follows: (A) the architecture articulate the window treatment and other facade elements more clearly; (B) the handrail detailing be handled more clearly; and (C) that there is a clear, established site circulation for pedestrian ingress/egress with the RIO campus. B adding this wording to the conditions and with the landscape treatment, the project would be acceptable. Moved by Commissioner Cathcart, seconded by Commissioner Bosch, to approve Conditional Use Permit 2047-94 with the recommendations proposed by staff and amended conditions as discussed previously. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED Commissioner Smith continued to have grave concerns about the parking situation; it has the potential of impacting the neighborhood and it's not right. By only visiting two senior housing complexes in the City doesn't constitute a viable report. The statement parking spaces were rarely used was just a little too general for her. For future prolects she would like to see something a little more definite about senior housing, given people are living longer and driving longer. She would like better data in order to make her decision. Commissioner Cathcart said very few people would be able to afford a car at this senior housing site because it is geared towards low income seniors. Chairman Bosch said they were looking for ways to encourage proper location of sites for seniors and affordable housing. He shares the concern, but feels comfortable with this project in this case. Commissioner Pruett also felt comfortable with the parking issue and agreed the low income will keep some people from owning cars. The transit issue is also an important element in the decision. Transportation is not going to be a major problem. Chairman Bosch commented to staff about Attachment A, which he thought was well written. It's something to encourage others who come forward to provide. The attachment was excellent in terms of giving detail and seeing all the key points. It more than offset the gravity of the economic feasibility study. The Commission asked staff to look into identifying an acceptable proforma, a standard format, for economic feasibility analysis of affordable housing projects. It would benefit everyone involved in the planning process. MODIFICATION TO CONDITIONAL USE PERMIT 2041-93 - DON CUCO MEXICAN RESTAURANT A request to modify an approved Conditional Use Permit to allow dancing and live entertainment as an auxiliary use for the re-opernng of a restaurant (former PJ's Casa Fiesta). Subject property is located at 665 North Tustin Street. NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301. Staff received one phone call expressing opposition to the project. No one in the audience was in opposition though. The public hearing was opened. However, the applicant was not present. The public hearing was closed. 8 Planning Commission Minutes February 7, 1994 Moved by Commissioner Pruett, seconded by Commissioner Bosch, to continue the Modification to Conditional Use Permit 2041-93 to the February 23, 1994 Planning Commission Meeting due to a lack of appearance by the applicant. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED CONDITIONAL USE PERMIT 2043-93 - "THE MEDICINE SHOPPE" A request to permit the continuous and permanent operation of an existing prescription pharmacy in an O-P (Office Professional) district. Subject property is located at 705 West LaVeta Avenue, Suite 110-A. NOTE: This item is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301. Commissioner Cathcart stated for the record this request does not require a conditional use permit. The public hearing was opened. Applicant Magdi Haroun, pharmacist/owner at 705 West LaVeta, Suite 110-A. When he first inquired about the planning process he was informed a conditional use permit was required. If he operates without this permit, it would be a misdemeanor. He is following all the requirements of the City. It has created a problem between him and the previous owner of the pharmacy. One of the reasons he wanted the C.U.P. was to avoid future problems. The public hearing was closed. Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to approve Conditional Use Permit 2043-93. There are no conditions. And, find that this item is categorically exempt from the provisions of CEQA. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED NEGATIVE DECLARATION 1449-94 -PUBLIC WORKS DEPARTMENT, CITY OF ORANGE A request for the proposed replacement of sewer lines on centerline of the public street right-of-way. Project location is on Lemon Street from Kelly Avenue to Palmyra Avenue and Chapman Avenue to Palm Avenue. Mr. VonSchimmelmann explained Public Works will be replacing some deteriorated 8" sewer lines and in order to receive Federal funding on this project, it was necessary to have the Planning Commission take action through the Negative Declaration process. Moved by Commissioner Pruett, seconded by Commissioner Cathcart, to approve Negative Declaration 1449-94 and find that this project will not have a significant adverse impact on the environment. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters MOTION CARRIED IN RE: ORAL PRESENTATIONS Carole Walters, 534 North Shaffer, thanked the Commissioners for approving the golf center proposal. 9 Planning Commission Minutes IN RE: ADJOURNMENT February 7, 1994 Moved by Commissioner Cathcart, seconded by Commissioner Pruett, to adjourn to the next regularly scheduled Planning Commission Meeting, on Wednesday, February 23, 1994. AYES: Commissioners Bosch, Cathcart, Pruett, Smith NOES: None ABSENT: Commissioner Walters The meeting adjourned at 8:50 p.m. sld MOTION CARRIED 10