Loading...
HomeMy WebLinkAbout08-02-1999 PC MinutesU5s)ej MINlITES Planning Commission City of Orange PHESENT: ABSENT: STAFF PRESENT: IN RE: August 2, 1999 Monday - 7:00 p.m.Commissioners Pruett, Romero, Smith Commissioners Bosch, Carlton Vern Jones, Planning Manager/Secretary,John Godlewski, Principal Planner Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary CONSENT CALENDAR c) ,-.1. Approval of the Minutes from the Regular Meeting of July 19, 1999,Yr':>r-:~) }~.~~ J - MOTION MOved by Commissioner Romero, seconded by Commissioner Pruett, to approve the Consent Calendar.AYES:NOES:ABSENT:IN RE: Commissioners Pruett, Romero, Smith None Commissioners Bosch, Carlton MOTION CARRIED NEW HEARINGS 2. CONDITIONAL USE PERMIT 2296-99 . MR. K'S, INC.A proposal to allow the off-site sale of beer and wine at an existing market. The site is located at 1829 East Chapman Avenue. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.Mr. Jones reported the subject site is zoned for general commercial uses. It has commercial zoning on all sidElS of the site except to the south where there is an R-3 residential zoning designation within 100 feet of the market. The existing market has been operating for approximately four (4) years; it is a specialty marketwithgroceryitems, discount close out items and general merchandise. The request is for a type 20 off-::; alebeer and wine license to supplement the other merchandise that is provided on site. The hours of operation are proposed to be 8:00 a.m. to 10:00 p.m., Monday through Saturday, and 8:00 a.m. to '9:00 p. m. on Sundays.A similar application was requested two (2) years ago and at that time the Police Department protested the application to the Department of Alcoholic Beverage Control. The Police Department is not protesting this application because they feel the owner has demonstrated that he runs a good business and there have not been excessive crime problems associated with the business. The over-concentration threshold is only slightly exceeded. A letter from Mr, and Mrs. Gary Brady was submitted in opposition to the application, Staff has provlidedtheCommissionwithfour (4) additional conditions of approval associated with maintaining the proper1ly in complying with existing codes. Planning Commission Minutes August 2, 1999 ThE! public hearing was opened. Iicant. Sami Odeh, 2249 North Tustin, explained they waited over a year to re-submit their application for Ihis conditional use permit. The ABC lifted its moratorium, and they are applying for a brand new license with the ABC for beer and wine sales, The close-out items are being eliminated at the market, and instead they are offering fresh fruits, meat and dairy items. The Police Department does not object to their application after visiting the store. They do not intend to have any arcade machines so condition 2 can be revised. And, they will comply with all of the conditions, including the four new conditions. He explained the candy, water and soda machines that are outside the store.Commissioner Romero was more concerned with the landscaped areas being planted, the property being kept clean and the trash bins being retained in the enclosure.Vio3-Chair Smith wanted to make sure Mr. Odeh had time to review the new conditions, She believes he will bring his signs into compliance and she reiterated that the property shall be maintained in a neat and orderly condition at all times, including the landscaped areas that must remain planted, irrigated, weElded ancl cleaned.Public comments:Jim Webb. 1124 West Chapman, owns ABC Appliance, and spoke in favor of the market. The trash sitting outside the trash bin is cardboard boxes, which is picked up by a man every so often. Mr. Odeh has developed the market for the people in the area over the last couple of years. Beer and wine will compliment the other food items.Donice Oden, 173 South Lime Street, spoke against the project. She also submitted letters from people who could not attend the hearing, but who opposed the sale of beer and wine at the market. The nei!~hbors are not against the market itself, but they feel they are already saturated with beer and wine sah3s. Ms. Oden is concerned about parking in the area and the possibility of hit and run accidents. Applicant's response:Mr. Odeh feels they are responsible people and there should not be very many problems at their family-oriElI1ted market. They have 23 parking spaces and there will be enough room for the delivery trucks. The trucks will not inconvenience the neighbors. He will meet with City staff to make sure the market is in compliance with all of the conditions.Tho public hearing was closed.Tho Commission and staff talked about the delivery trucks, trees and landscape plans for the market, the oVElr-concentration of beer and wine sales in the area, the fact that the Police Department did not have a problem with the request, and the finding of public convenience and necessity,Commissioner Pruett voiced concern about the close proximity of the school and children in the area, and he did not know how to make a recommendation of public convenience and necessity when there was an OVElr abundance of this type of sales.It was noted the project is categorically exempt Planning Commission Minutes August 2, 1999 MQ'TION Moved by Commissioner Smith, seconded by Commissioner Romero, to approve Conditional Use PElrmit 22516-99, and recommend to the City Council on finding of public convenience and necessity to the residential neighborhood, which is largely pedestrian, which is located and surrounds the business. The project shall include conditions of approval as listed in the staff report, modifying condition 2: "There shall be no arcade games maintained upon the premises." And, add the following conditions suggested by staff: Condition 10: "The property shall be in compliance with the City's sign ordinance at all times.Existing signs which don't comply with the sign ordinance must be removed." Condition 11: " The property shall be maintained in a neat and orderly condition at all times, consistent with O.M.C. 8.04. The landscaped areas must remain planted, irrigated, weeded, clean; the trash bin retained in the trashenc:losure, and the area kept free of debris or stored materials." Condition 12: "No supplies or matElrials may be stored outdoors at any time." Condition 13: "No merchandise or coin-operated machines, with the exception of a water machine, may be allowed outside the market building at any time, except by spE1cial event permit as granted by the City for a temporary period of time." Condition 14: " The appliicant shall obtain an approved, current, landscaped plan from the City of Orange." AYES: NOES:ABSENT:Commissioners Romero, Smith Commissioner Pruett Commissioners Bosch, Carlton MOTION CARRIED Mr. Jones explained the appeal process to those in the audience.3. MODIFICATION TO CONDITIONAL USE PERMIT 2281- 99- LAMPPOST PIZZA A proposal to modify a recently approved conditional use permit to allow additional coin operated games.Th,e site is located at 1829 East Chapman Avenue.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301,Mr. Jones reported a couple of months ago the Commission approved an ABC license for Lamppost Pizza and the establishment is allowed three (3) arcade games. The applicant is asking for a total of eight (8)games, and they also request a modification to condition 7.Mr. Godlewski stated condition 7 was a concern to the applicant wherein it stated that the business shall prohibit the admission of, or allow any person under the age of 18 years, to remain on the prElmise between the hours of 8:00 a.m, and 3:00 p.m. The O.U,S.D. has year round school and it is very difficult to monitor this condition. In discussing the condition with the Police Department, it was agreed that by adding verbiage to the condition (unless that person is accompanied by a parent or legal guardian) would resolve the concerns of the applicant.The public hearing was opened.6pplicant, Jov Flvnn, 1829 East Chapman Avenue, requested to add additional games to their store,which would add to the enjoyment of their patrons. The games are to only be used by their customers,and they do not allow just anyone to walk in off the street to play games. They have read the staff report and with the modification to condition 7, they agree with the report. They asked for a total of ten (10)arcade games, but staff determined a maximum of eight (8) games. A camera is already installed and it is monitored by management or an employee.The public hearing was closed.It was noted the project is categorically exempt from Planning Commission Minutes August 2, 1999 MOTION Moved by Commissioner Romero, seconded by Commissioner Pruett, to approve Modification to Conditional Use Permit 2281-99 with conditions 1 through 12, revising condition 7 per staff' s recommendation, and finding that the permit will be 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 cmate special problems for the area in which it is located. It is considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. The conditional use permit is granted subject to the conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Pruett, Romero, Smith None Commissioners Bosch, Carlton MOTION CARRIED:4. MODIFICATION TO CONDITIONAL USE PERMIT 2233-98 - THE MILLS CORPORATION A proposal to modify a previously approved sign program for The Block at Orange. The site is located west of the City Drive between Chapman Avenue and SR-22 (Garden Grove Freeway),NOTE:The environmental impacts of the proposal were evaluated by previously approved Negative Declaration 1568-98 (approved in conjunction with Conditional Use Permit 2233-98).A staff report was not presented as there was no opposition to this proposal. The public hearinfl was opened.Applicant, Deborah Warner, The Mills Corporation, The Block at Oranqe, requested a language modification to their conditional use permit. They have six (6) large stylon signs throughout the property,and they have 16 smaller signs. The language contained in the conditional use permit allows the six large si~lns to have the name of the project and images on the signs. The smaller signs are allowed to have the name of the project, images, as well as text and logo in the bottom 20%. They are asking for the larger si~lns to be able to have text and logo in the bottom 10% of the image face. It is their goal to obtain eflective corporate sponsorship; a partnership with companies that share the vision at The Block, and portray their images on the stylons. They still intend to tell a story with the stylons as a group and they still want to express the vitality, energy, fun and livelihood of the center. By allowing corporate sponsors the opportunity for their images and their identity to be recognized by the consumer, they will be able to change the images more often and keep it very fresh and exciting. The lower portion of the sign that they am asking for the logo text to be placed on will be visible to the customer as they walk through the project;it'~; not aimed to be read from the public street. They are talking to large corporations ( i.e., Polaroid and Ail10uch, Apple and Nike) who are interested in telling stories that relate to retail and entertainment.Carrie Mullner, The Block at Oranqe, added that the pUblic has reacted favorably to the large stylon signs,but they want to know who the people are on these signs.The public hearing was closed.Commissioner Pruett was not prepared to take action on this request without going back and looking at th'3 Minutes when the design was approved, He remembers there was a lot of discussion about thEi light projecting from the signs. The other concern is with the text on the signs. He wanted to know how :these si~lns fit into the City's sign ordinance.Chris Carnes, Associate Planner, stated the original proposal was approved a year ago and it included a wide variety of signs, which included the placards and the large stylons. At the time, there was lengthy discussion about black and white or color. The black and white signs were approved as proposed, and the color signs were subject to review and approval by the Director of Community Planning Commission Minutes August 2, 1999 spE.cifically prohibited text. The concern at that time was text being placed all over the signs. There was no discussion about restricting the text to a certain area. The applicants are requesting color and they are limiting the text which will be on the bottom half of the bottom panel. The graphic portion of the si~)n is about 60 feet, So, this would restrict it to the bottom six (6) feet of the sign. This was not discussed ori~linally as a proposal was not presented, Vice-Chair Smith recalled The Block at Orange presented their signage as pieces of art. It's an artistic concept, but the owners want people to know their name. She thought this request was reasonable and ShE! liked the color aspect of the signage.RECESS - Vice-Chair Smith recessed the meeting at 8:25 p. m.RECONVENE - The meeting reconvened at 8:35 p.m, Commissioner Pruett reviewed the Minutes during the break and he felt his questions are not answered. He requested more research by the applicant and staff on the large stylons. He wanted to make sure the issue of setting a precedent is addressed and resolved. The Commission concurred a continuance was needed since a full Commission was not present. The qUElstions staff needs to analyze include: How were the large stylons managed in terms of signage or as part of the architecture? If it is signage, Commissioner Pruett would like to know if they are setting some kind of precedent? Would the City be creating problems with other signs in Orange by adding text to this type of sign? Staff was also requested to check the tapes of the public hearing to see what the discussion was around the concept and purpose of stylons at The Block. If there was any discussion about color vs, black and white, that needs to be documented, Light diffusion or glare needs to also be addressed. MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to continue the Modification to Conditional Use Permit 2233-98 - The Mills Corporation to the meeting of August 16, 1999, AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioners Bosch, Carlton MOTION CARRIED 5. ORDINANCE AMENDMENT 5-99 - CITY OF ORANGE A proposal to amend the City Zoning Ordinance related to allowing small and large family day care homes on properties zoned R- 1.NOTE:Negative Declaration 1607-99 was prepared to evaluate the environmental impacts of this project.Mr Jones said a couple of months ago a large-family day care facility request had come forward, in which a conditional use permit was required. The State regulates this use extensively and the City does not have a lot of discretion. Staff recommends that the OMC be amended to allow large-family day care homes as a permitted use, subject to special provisions so that the public interest is protected.Chris Carnes, Associate Planner, explained State law specifically encourages large-family day care facilities and it is very difficult for the City to deny such a facility. It is staff' s recommendation to remove the requirements for a conditional use permit, and change the process to a review similar to the City's re~lulations on Adult Enterprises where development standards have beenestablished. Nine (9) spl9cific de'lelopment standards are proposed, which must be complied with in order Planning Commission Minutes August 2, 1999 Ms Binning explained that the City's current code is legal; it is one way of approaching such proposals and the City is not out of compliance with State law. Under this new process, there will be no notification sent to the neighbors. ThH public hearing was opened and closed as no one spoke on this matter, MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to approve Negative Declaration 1607-99 in that the proposed project would not have a significant impact on the environment or wildlife resources. And, recommend to the City Council to approve Ordinance Amendment 5- 99, AYES: NOES:ABSENT:Commissioners Pruett, Romero, Smith None Commissioners Bosch, Carlton MOTION CARRIED IN RE:ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Pruett, to adjourn at 8:55 p. m. AYES: NOES:ABSENT:Commissioners Pruett, Romero, Smith None Commissioners Bosch, Carlton MOTION CARRIED