HomeMy WebLinkAbout05-07-1990 PC MinutesPLANNING COMMISSION MINUTES
City of Orange May 7, 1990
Orange, California Monday - 7:00 p.m.
PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott
ABSENT: None
STAFF
PRESENT: Joan Wolff, Sr. Planner and Commission Secretary;
John Godlewski, Administrator of Current Planning;
Jack McGee, Director of Community Development;
Bob Herrick, Assistant City Attorney;
Gary Johnson, City Engineer; and
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
IN RE: MINUTES OF APRIL 16, 1990
Moved by Commissioner Bosch, seconded by Commissioner Scott,
that the Minutes of April 16, 1990 be approved with the
following corrections: Page 5 - the motion to deny
Conditional Use Permit 1819-90 was approved (not denied);
Page 5, 7th paragraph - change the word intent to intense.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
IN RE: ITEMS TO BE CONTINUED
CONDITIONAL USE PERMIT 1827-90 - ELAINE SCHRECK:
A proposed Conditional Use Permit to allow the conversion of
a residential structure to an office use and to allow
fortune-telling on property located on the south side of
Chapman Avenue, 250 feet west of Lincoln Street, addressed
1400 East Chapman Avenue.
NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15301.
Staff requested this item be continued to the May 21, 1990
meeting.
Moved by Commissioner Bosch, seconded by Commissioner Scott,
that the Planning-Commission continue Conditional Use Permit
1827-90 to the May 21, 1990 meeting.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION
Planning Commission Minutes
May 7, 1990 - Page 2
IN RE: ITEMS TO BE WITHDRAWN
CONDITIONAL USE PERMIT 1830-90 - REVEREND WALT WHITE
A proposed Conditional Use Permit to allow a church use in
the M-2 (Manufacturing) District and to allow the joint use
of parking facilities on property located on the south side
of Katella Avenue midway between the Santa Ana River and
Main Street, addressed 1774 West Katella Avenue, Suites 6
and 7.
NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15031.
The applicant has withdrawn his request for a Conditional
Use Permit at this time. No action was necessary.
IN RE: CONTINUED HEARINGS
ORDINANCE AMENDMENT 3-90 - CITY OF ORANGE:
A proposed ame ndment to the Orange Municipal Code adding
standards f or the placement and construction of cellular
phone antennas.
NOTE: Negative Declaration 1337-90 has been prepared for
this project.
This item was continued from the April 16, 1990 Planning
Commission Meeting.)
The public hearing was opened.
Those speaking in favor:
Dean Brown, Planning Consortium, 1111 Town & Country Road,
represented Pac Tel Cellular, forwarded a letter to the
Current Planning Administrator dated April 23. They have
reviewed the revised ordinance and although it is somewhat
more restrictive than they would like, they believe they can
live with the requirements. They are already re-designing
their Earl's Plumbing site to comply with the new ordinance.
They have a Conditional Use Permit application submitted for
that project and they are looking at a roof mounted antenna
rather than a mono-pole antenna in that location.
The public hearing was closed.
Planning Commission Minutes
May 7, 1990 - Page 3
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission recommend to the City
Council that Negative Declaration 1337-90 was completed
appropriately for this application and that the project will
not have an adverse impact on the environment.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Commissioner Bosch expressed concern with the building
mounted antennas. The language does not explicitly state,
although it may be implied by other sections, that antenna
elements would still have to fall within the height
restrictions of the underlying zone or the previous approval
of the building heigh t. He would like to see it repeated in
this section to make sure everyone understands that.
Chairman Hart said in other words, the combination of the
height of the buildings and the antenna cannot exceed the
height limitations of the zones.
Commissioner Bosch said it would affect several locations
within the proposed ordinance. On Page 3 of the staff
report, the last paragraph, Building Mounted Antennas -
wording was suggested "...shall not exceed the lesser of 10
feet in height, or the height of the building allowed by
zoning ordinance or building approval, whichever is least."
Similar wording would occur on Page 4, Insert under
17.43.020 H., second paragraph, (same wording) "...shall not
exceed the lesser of 10 feet in height, or the height of the
building allowed by zoning ordinance or building approval,
whichever is least."
Ms. Wolff said on Page 5 there is a section of the code that
lists what uses may be permitted at a greater height than
the zone. There will be 65 foot towers that will be allowed
greater than the height, but the roof mounted ones will not.
Suggested wording: "...Free standing or ground mounted
cellular phone antennas." (Commissioners were in favor of
that wording.)
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission recommend to the City
Council to approve Ordinance Ame ndment 3-90 with the
additional wording "...shall not exceed the lesser of 10
feet in height, or the height of the building allowed by
zoning ordinance or building approval, whichever is least."
Pages 3 and 4); and additional wording "...free standing or
ground mounted cellular phone antennas." (Page 5).
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Planning Commission Minutes
May 7, 1990 - Page 4
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1829-90 - G. ROGER HOLDAWAY:
A proposed Conditional Use Permit to allow retail and office
use in the M-2 zone on property located on the west side of
Main Street between Struck Avenue and Collins Avenue,
addressed 1030 North Main Street.
NOTE: Negative Declaration 1338-90 has been prepared for
this project.
A staff report was not presented and the public hearing was
opened.
Applicant
Bob Mickelson, 328 North Glassell, represented Roger
Holdaway, the proposed buyer and occupant of the building.
Mr. Holdaway has several businesses. He designs and builds
racing car chassis, restores classic automobiles and
proposes to do that in the rear portion of the building. He
wants to consolidate all of his business into one building,
which he will own. The other business he has is a specialty
speaker works for the very expensive cars. They do the
installation on site as well. They are not the boom boxes;
they are very high quality. It is Mr. Holdaway's desire to
purchase this building, clean it up, do landscaping, paint
it and make it a desirable looking building. They have
reviewed this project with staff and have made several
iterations to the site plan/floor plan at their suggestion.
They have read the conditions listed in the staff report and
accept them.
The public hearing was closed.
Moved by Commissioner Bosch, seconded by Commissioner Scott,
that the Planning Commission accept Negative Declaration
1338-90 as having been prepared correctly and completely in
accordance with CEQA.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Moved by Commissioner Bosch, seconded by Commissioner Scott,
that the Planning Commission approve Conditional Use Permit
1829-90 with conditions 1-12 as listed in the staff report.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Planning Commission Minutes
May 7, 1990 - Page 5
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1831-90 - KEN AND RATIE ARTHUR:
A proposed Conditional Use Permit to allow the construction
of a two story, second unit over a two car garage in the
R-2-6 zone on property which is surrounded on three sides by
single family development. Subject property is located on
the east side of Shaffer Street between Chapman and Maple
Avenues, addressed 133 North Shaffer Street.
NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15303.
A staff report was not presented.
The public hearing was opened and closed as the applicant
was not present.
Commissioner Bosch did not have a problem with this project
in as much as it has been designed to keep the second unit
as relatively as far as possible away from the single family
residents to the north; that they have designed a project
that does not have windows on the east side which might
infringe upon the privacy of the residents to the east.
They have done a pretty good job in addition to blending it
in with the design of the existing home.
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission approve Conditional Use
Permit 1831-90 with conditions 1-7 as listed in the staff
report.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
IN RE: NEW HEARINGS
TENTATIVE PARCEL MAP 90-145, AMENDMENT TO TRACT 12458 AND
AMENDMENT TO CONDITIONAL USE PERMIT 1441 - ROBERT AND
BEVERLY LEGS:
A proposal to modify conditions of approval of Tentative
Tract 12458 and Conditional Use Permit 1441 to allow
additional access to private drives. Tentative Parcel Map
90-145 has been proposed to subdivide Lot 6 of Tract 12458
4421 East Cerro Villa Drive) into two lots. Tract 12458
known as the Prado Woods development) is located on the
north side of Cerrb Villa Drive, beginning at a point
approximately 208' westerly of the centerline of Loma Street
in Villa Park) and extending westerly along Cerro Villa
Drive a distance of approximately 3,200 feet.
Planning Commission Minutes
May 7, 1990 - Page 6
NOTE: Negative Declaration 1343 has been prepared for this
project.
A staff report was not presented.
The public hearing was opened.
Applicant
Beverly Leos, 4421 East Cerro Villa, was present to answer
questions from the Commission.
Commissioner Greek said when the tract was approved, there
was regrading and a lot of changes because of an earthquake
fault that went through the middle of the tract. This lot
was left vacant because of that. Research needs to be done
before this lot can be made buildable. His second concern
is with the access to the lot itself. If the street had
been developed for a 5 lot tract, it would have been larger
than for a 4 lot tract access.
Ms. Leos explained their street is 24' wide. There is no
parking on it. Cars can pull into her driveway and into the
lot without hurting anyone. They are not adding another
driveway or traffic up the street.
Commissioner Bosch couldn't identify that there were any
more portions of lots in the previously approved subdivision
that had tennis court pads set aside. Are we setting a
precedent for subdivision of another lot?
Ms. Leos said there were no other lots in the tract that
could be subdivided.
In response to Chairman Hart's question regarding the
earthquake problems, Ms. Leos was aware of them. She has
also read the staff report and is aware of the conditions of
approval, including the one requiring the geological report.
The public hearing was closed.
Commissioner Greek asked Mr. Johnson if parking were allowed
on both sides of a 52' right-of-way?
Mr. Johnson said that was a standard hillside dedicated
street, doubly loaded, which is a 52' foot right-of-way with
36' curb-to-curb. The private street was envisioned as a
drive rather than a street, being wide enough for emergency
vehicles (24 feet) . A private street with no parking would
normally be 28 feet.
Planning Commission Minutes
May 7, 1990 - Page 7
Moved by Commissioner Bosch, seconded by Commissioner Scott,
that the Planning Commission recommend that they find
Negative Declaration 1343-90 to be complete and correctly
prepared for this project.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission recommend to the City
Council approval of Tentative Parcel Map 90-145, Amendment
to Condition #11 of Tentative Tract 12458 and Amendment to
Condition #11 of Conditional Use Permit 1441, with
conditions 1-10 as listed in the staff report for the new
Parcel Map 90-145. Condition #11 shall be reworded, stating
Private drive A shall serve a maximum of 5 residential
units and B shall serve a maximum of 4 residential units,
specific to this application."
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: Commissioner Greek MOTION CARRIED
Commissioner Greek did not think it was thought out well
enough. He felt the access to the two lots, looking at the
detailed layout, is a problem. There are serious
considerations because of the seismic fault. He did not
feel it was buildable.
Commissioner Bosch was putting his faith as a motion in the
City Engineer's review of the results of the condition that
requires the detailed geological analysis demonstrating this
is a buildable lot. It's not a slam dunk in that regard.
Mr. Johnson commented it would take a geological expert to
certify that the land is stable and he's going to stand
behind it from the standpoint of liability when and if it is
allowed to be buildable. He was quite sure the developer
would not have let the one lot be developed less than it
could be if it were feasible. There are two ways to approve
this: They could request the geological report before the
parcel map is approved, verifying that particular condition,
or in the manner that once the map is filed, they have so
much time to recommend either denial or approval. Staff's
approach was if they could come up with the geological
verification, then there will be something to use as the
basis for trying to engage a geologist to do this.
This should be a cautionary note to the applicant.
Mr. Johnson stated they were not going to allow the parcel
map to record unless the geological report is in place.
Planning Commission Minutes
May 7, 1990 - Page 8
IN RE: ADJOURNMENT
Moved by Commissioner Master, seconded by Commissioner
Bosch, that the Planning Commission adjourn to their study
session of May 14, 1990 at 5:00 p.m. to discuss the Cypress
Street Depot; then to a joint meeting with City Council on
May 16, 1990 at 9:00 a.m. in the George Weimer Room to
discuss the East Orange Specific Plan; then to the regular
Planning Commission Meeting May 21, 1990 at 7:00 p.m. with
an administrative session at 6:30 p.m.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
The meeting adjourned at 7:45 p.m.
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