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HomeMy WebLinkAbout09-09-1992 PC MinutesMINUTES Planning Commission City of Orange September 9,1992 Wednesday - 7:00 p.m. PRESENT: Commissioners Alvarez, Bosch, Cathcart Murphy, Smith ABSENT: None STAFF PRESENT: John Godlewski, Administrator of Current Planning; Gary Johnson, City Engineer; Bob Herrick, Assistant City Attorney; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF AUGUST 17. 1992 Moved by Commissioner Bosch, seconded by Commissioner Murphy, to approve the Minutes of August 17, 1992 as recorded. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: ITEM TO BE CONTINUED CONDITIONAL USE PERMIT 1981-92 - TAOS DEVELOPMENT A request to allow a full service car wash in the C-TR (Commercial-Tustin Redevelopment District). Subject property is located on the southwest corner of the intersection of Santiago Boulevard and the northbound (55) Newport Freeway off- ramp, addressed 2700 North Santiago Boulevard. NOTE: In compliance with the California Environmental Quality Act, Negative Declaration 1413-92 has been prepared to address the environmental impacts of this project. The applicant requested a continuance to the Planning Commission meeting of September 21, 1992. Moved by Commissioner Murphy, seconded by Commissioner Smith, to continue Conditional Use Permit 1981-92 to the Planning Commission meeting of September 21, 1992. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED Planning Commission Minutes September 9, 1992 IN RE: ITEM TO BE CONTINUED MODIFICATION TO CONDITIONAL USE PERMIT 1930-91 AND VARIANCE 1916-92 - BUNDY-FINKEL ARCHITECTS A request for modification of a Conditional Use Permit and Variance approved by City Council in 1992, which allowed the development of an automotive center consisting of service and repair uses such as tube/oil change, car wash, tire shop, and an existing service station. Proposed is a revised site plan, and a further reduction in code required number of parking spaces. Subject property is located on the northeast corner of Chapman Avenue and Wayfield Street. N TE: In compliance with the California Environmental Quality Act, Negative Declaration 1492-91 has been prepared to address the environmental impacts of this project. The applicant requested a continuance of this item and staff recommended a public hearing date of November 2, 1992. Moved by Commissioner Murphy, seconded by Commissioner Smith to continue modification to Conditional Use Permit 1930-91 and Variance 1916-92 to the Planning Commission Meeting of November 2, 1992. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: CONTINUED HEARING CONDITIONAL USE PERMIT 1971-92, VARIANCE 1930-92, ADMINISTRATIVE ADJUSTMENT PERMIT 92-15 - JAIPAUL SWAMIDASS A request to allow an accessory second unit in the R-1-6 zone, a variance application to allow an unenclosed parking space to be located between the residence and public right-of-way, and an administrative adjustment application to allow a 3.5 foot reduction in the required 20 foot rear yard setback. Subject property is located at 247 Sandpiper Circle. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 State CEQA Guidelines. Ed Gala, Assistant Planner, presented the staff report. This item was continued from the June 15 meeting to allow the applicant to address some of the concerns the Commission had with regard to scale and massing of the project, impact to the adjacent south property and to determine whether or not adequate access can be provided through the front entrance. Originally the applicant was proposing a two story second unit on the south side of the property. He's relocated that to the north side and has made it a single story unit. On the south side he has provided a bedroom which was internal to the structure and he's put a second story deck on the project. The remainder of the project remains unchanged from the previous submittal. 2 Planning Commission Minutes September 9, 1992 Chairman Cathcart stated the public hearing was closed on this issue. However, Commissioner Bosch believed the continuance was granted to allow the applicant an opportunity to redesign the project, and it would be prudent to allow the applicant to present his case. Moved by Commissioner Bosch, seconded by Commissioner Murphy, to re-open the public hearing. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED The public hearing was re-opened. A lican Jaipaul Swamidass, 247 Sandpiper Circle, appreciated the opportunity to share with the Commission his revised plans. He has attempted to reduce the bulk and mass of the project by designing a single story unit on both sides. He has not made any other changes. Commissioner Alvarez questioned the sun deck area. Was there any feedback from his neighbors as far as the privacy issue? Mr. Swamidass did not feel it would create a problem because there is a tree blocking the view. He has not personally talked with his neighbor about the sun deck. Commissioner Alvarez asked if the Commission were re-addressing the parking issue in front of his front door? Mr. Swamidass said it has not changed. He is still providing one open space in the front plus the three behind the garage. He has approximately 7 parking spaces. The public hearing was closed. Commissioner Bosch noted the concern about the parking space. There seems to be a disconcerting lack of continuity in the ordinance in disallowing open parking between a setback and the front of a residence regardless of the setback. He noted this is fairly close in the setback. The staff report indicates the Fire Department and Planning review showed a legal clearance at the front door for the parking space. He was concerned about the extent of the deck. It is heavily foliaged along the property line, but there is no guarantee that will last forever. He thought the applicant had done a remarkable job in trying to find a way to meet his plans. He's got a ton of parking on the site and he's hopeful the open parking space the Commission requires would never be used. Moved by Commissioner Bosch, seconded by Commissioner Smith, to recommend to the City Council to approve Conditional Use Permit 1971-92 and Variance 1930-92 with conditions 1 and 2 as indicated in the staff report. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED 3 Planning Commission Minutes September 9, 1992 Moved by Commissioner Bosch, seconded by Commissioner Alvarez, to recommend to the City Council to approve Administrative Adjustment 92-15. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: CONTINUED HEARING ZONE CHANGE 1147-91, CONDITIONAL USE PERMIT 1947-91 -REEVES ASSOCIATES FOR PEP BOYS A revised site plan in conjunction with Conditional Use Permit 1947-91, a request to demolish a portion of an existing shopping center and to construct a Pep Boys retail automotive supply and service facility. Also included is a request to reconsider a zone change from C-1 (Limited Business) to C-2(General Business) for the site. The Planning Commission recommended denial of both the conditional use permit and zone change on May 4, 1992. In appealing the Planning Commission's denial to the City Council, the applicant brought forward a revised site plan. The City Council referred the revised plan to the Planning Commission for a rehearing and recommendation prior to final City Council determination. The property is situated northeast of the corner of Katella Avenue and Glassell Street; the Katella frontage is located 400 feet east of Glassell Street and the Glassell frontage is located 150 feet north of Katella Avenue. N TE: In compliance with the California Environmental Quality Act, Negative Declaration 1400-92 has been prepared to address the environmental impacts of this project. This item was continued from the August 3, 1992 Planning Commission Meeting.) The public hearing was previously closed. Chris Carnes, Associate Planner, reported this item was continued by the Planning Commission to allow time for staff to respond to several questions regarding the zoning ordinance and some proposals made by the applicant regarding putting deed restrictions on the property. The applicant has proposed the Commission should be able to consider the proposal as a similar use as already allowed in the C-1 zone so as to avoid the request for the zone change application due to an inadvertent admission in a revision to the zoning ordinance years ago. Staff's research found that the C-1 district did contain a catch all section that allowed the Commission to consider other uses in the C-1; it was accidentally dropped when another section was added to the code. The City Attorney has reviewed this with Planning staff and made a determination that the Commission can consider the proposal as a similar use. To do such, the Commission would have to make a determination that the proposal, which is an automobile service and repair facility, is similar in type to what is already permitted with a conditional use permit in the C-1 district. If the Commission were to make that determination, then they could possibly allow it without a zone change application. There was also a proposal about a deed restriction on the property, limiting the use if C-2 were allowed. The City Attorney will respond to that issue. Staff included the 14 original conditions of approval. Mr. Herrick stated the language that was deleted inadvertently from the code would permit a conditional use permit for "any other commercial use in the opinion of the Planning Commission that is similar in character and not more detrimental than any use 4 Planning Commission Minutes September 9, 1992 enumerated in that section." With respect to the proposed deed restriction with the C-2 zoning, after consideration and research, staff determined they believed that would be unenforceable. It would be conditional zoning and that's not permitted under California law. There would be no advantage to the deed restriction. The City could not enforce it. Commissioner Alvarez had written down some notes from the last meeting. There was discussion about the service bay hours. Was that left out? Commissioner Bosch recalled discussing the potential for several conditions the Commission might wish to consider. He recollects the stipulation of the applicant on condition 8 to change dock delivery hours limiting them to 8:00 a.m. to 6:00 p.m., Monday through Friday. There was a potential condition 15 that a vehicle exhaust extraction system be provided at all bays, all connected with electrostatic air filtration systems and used on all vehicles in service with engines running. Condition 16 -that lot cleaning shall be required three times each day; cleaning effectiveness shall be reviewed at six month intervals. Commissioner Alvarez did not recall the Commission asking for the air filtering system for each bay. Staff recalls the discussion about air filtering systems. Commissioner Bosch referred to Mr. Herrick's opinion relative to the potential for finding uses permitted under a conditional use permit in the C-1 zone. He read that to indicate that if the Commission finds that the use is a use similar in type to uses already permitted in the C-1 district, then the zone change application would be mute and the Commission would consider the conditional use permit under the existing zone. Mr. Herrick said the applicant has made a request for a zone change. The Commission should make findings and a determination on that. There would be two findings under the conditional use permit. One that it is similar in character and the other is that it would not be more detrimental than those other existing permitted uses. Commissioner Bosch asked if the existing Pep Boys is in a C-1 zone on South Tustin? Is that with a C.U.P. or permitted? Mr. Carnes said that use does not require a C.U.P. because it does not include auto repair; it's only retail. Chairman Cathcart said his opinion all along was that the Pep Boys would be a valuable neighbor and a good thing to have in the City. However, he would hate to blanket zone change that would allow any other use to come in and piggy back behind Pep Boys. If the Commission finds that this is no more detrimental than any other use in the C-1 zone, he would like to see it stay that way and be conditioned as a C.U.P. Commissioner Smith had commented at the last hearing she believed this is an appropriate use for this property, but she did not want to see a zone change. It will be a valuable addition to that shopping center. She was concerned about the residents though. It looks like there is one single family residence that would be behind Pep Boys. If this were approved with a C.U.P., perhaps Pep Boys could ensure some sound buffering for their neighbor to the rear. 5 Planning Commission Minutes September 9, 1992 Commissioner Bosch said by code a 20 foot tall building could be built immediately on the property line. Without the service bays, that 20 foot building could be constructed. They previously looked at a variance in order to construct a taller than six foot wall along the property line because a wall is not considered a building. If Pep Boys could work with the neighbor and be willing to replace their wall or build it up as necessary to assure sound isolation, one way it could be done is by a wing wall. A zone change would degrade the site and the remainder of the Katella commercial area. Commissioner Murphy asked if something could be crafted for sound attenuation? Chairman Cathcart asked if it were possible without opening the public hearing, to have the applicant's representative respond to the Commission's questions? Mr. Herrick said the Commission could ask questions for its own deliberation without reopening the public hearing. Mr. Murphy asked Mr. Mickelson for concurrence of his ideas to ensure that the good neighbor policy is undertaken from a standpoint of potential sound attenuation types of efforts for the back wall. Bob Mickelson, 328 North Glassell, answered yes. Mr. Alvarez asked about the service bay hours and air filtering system? Mr. Michelson's recollection was that the hours they discussed was for the loading dock. They agreed to reduced hours from 8:00 a.m. to 6:00 p.m. The electrostatic filters would be placed on those bays where any emissions would happen such as in the tune up bay or subject to California Smog Control restrictions on bays where there are running engines, but not on the bays where tires are being changed. He did not recall the service bay hours. Moved by Commissioner Smith, seconded by Commissioner Bosch, to recommend to the City Council to deny Zone Change 1147-91. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: Commissioner Alvarez MOTION CARRIED Moved by Commissioner Smith, seconded by Commissioner Cathcart, to recommend to the City Council to approve Conditional Use Permit 1947-91 with all of the conditions listed in the staff report, with the amended conditions stated earlier, including dock deliveries between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday; the exhaust ventilation system; the lot cleaning three times a day, and the construction of a new wall between Pep Boys and the single family residence; also the noise reading and analysis be undertaken at that location to ensure appropriate sound attenuation. MOTION WITHDRAWN 6 Planning Commission Minutes September 9, 1992 Moved by Commissioner Bosch, seconded by Commissioner Cathcart, to divide the motion into the environmental determination and the recommendation on the conditional use permit. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED Moved by Commissioner Smith, seconded by Commissioner Cathcart, to accept mitigated Negative Declaration 1400-91 and finds that there is no substantial evidence that the project will have a significant effect on the environment or wildlife resources, and that the mitigation measures included in the initial study will eliminate or reduce to an acceptable level any adverse environmental impacts associated with the project. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED Moved by Commissioner Smith, seconded by Commissioner Cathcart, to recommend to the City Council to approve Conditional Use Permit 1947-91 with all of the conditions listed in the staff report, with the amended conditions stated earlier, including dock deliveries between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday; the exhaust ventilation system; the lot cleaning three times a day, and the construction of a new wall between Pep Boys and the single family residence; also the noise reading and analysis be undertaken at that location to ensure appropriate sound attenuation. In making the motion, the Commission considers the granting of this conditional use permit is for uses which are similar in character and not more detrimental than the permitted and conditionally permitted uses in the C-1 zone in other areas of Orange. It should be noted the granting of the conditional use permit is made based upon the Commission's judgment that the granting of same on this particular site, not only is not more detrimental, but has had carefully considered mitigation measures to minimize to the greatest extent deemed feasible any potential impacts on adjacent single family residential and reduction of impacts on adjacent multiple family residential through the buffering of the dock and the building. The Commission has also taken into consideration the mix of this use with the other retail uses on the specific site as relationship to the adjacent arterial streets including the improvement of the intersection to Glassell and Katella to find that the particular application on this site is in fact an appropriate location for the vehicular maintenance repair. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: NEW HEARING MODIFICATION TO VESTING TENTATIVE TRACT MAP 13833 AND CONDITIONAL USE PERMIT 1694 -SOUTHWEST DIVERSIFIED, INC. A request to modify a condition of approval which prohibits construction of masonry walls interior to the project boundaries. They are requesting that future homeowners be given the option to construct block walls on their individual lots. The site has previously been approved for the development of 30 residential lots. Subject property is a 30 acre site located at the northwest corner of Santiago Canyon Road and Windes Drive. NOTE: EIR 1191 has been previously certified for this project 7 Planning Commission Minutes September 9, 1992 Chairman Cathcart excused himself from the meeting due to a potential conflict of interest. A staff report was not presented and the public hearing was opened. The applicant was present, but did not speak. The public hearing was closed. Moved by Commissioner Bosch, seconded by Commissioner Murphy, to recommend to the City Council approval for a Change in wording of condition 76 in vesting Tentative Tract Map 13833 and condition 13 of Conditional Use Permit 1694 as follows: Change the wording from "That solid masonry property line walls not be allowed except as might be required for sound attenuation, and as required on the west property line." to the wording "That solid masonry property line walls be permitted as might be required for sound attenuation as documented by acoustical study as required along the west property line and as shown on Exhibit F." AYES: Commissioners Alvarez, Bosch, Murphy, Smith NOES: None ABSENT: Chairman Cathcart MOTION CARRIED Chairman Cathcart returned to the meeting. IN RE: NEW HEARING ZONE CHANGE 1135-92 -CITY OF ORANGE A request for a proposed zone change to reclassify a municipal water plant and maintenance yard from R-1-6 (Residential, Single Family, minimum lot size 6,000 square feet) to P-I (Public Institutional). The purpose of the zone change is to bring the site's zoning classification into greater conformance with its General Plan Land Use Policy Map designation of "Public Facilities". No new development is proposed. Subject property is comprised of two parcels located east of Water Street on the north and south side of Almond Avenue (the City's Water Distribution and Well Facility and accompanying Maintenance Yard), addressed 189 South Water Street and 1130 East Almond Avenue. NOTE: In compliance with the California Environmental Quality Act, Negative Declaration 1379-92 has been prepared to address the environmental impacts of this project. There was no opposition; therefore the full reading of the staff report was waived. The public hearing was opened and closed. Moved by Commissioner Bosch, seconded by Commissioner Murphy, to find there is no substantial evidence that the project will have a significant effect on the environment and accept the findings of the Environmental Review Board to file Negative Declaration 1379-92. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED 8 Planning Commission Minutes September 9, 1992 Moved by Commissioner Bosch, seconded by Commissioner Murphy, to recommend to the City Council to approve Zone Change 1135-92. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: MISCELLANE A request to consider drive-through restaurants within the M-1 and M-2 districts by conditional use permit. The staff report indicates Planning staff has had a request for adrive-through restaurant at the Home Depot site, which is in the industrial zone. The current provisions of the code do not allow drive-through restaurants in industrial zones. Staff suggests to bring back a proposal to the Commission which includes them in the integrated commercial center, which is allowed in industrial zones (which would address many of the concerns staff would have on accessing arterial highways for just adrive-through restaurant). It would be presented to the Commission as an ordinance amendment. Commissioner Bosch said if the Commission were to approve the request, he would ask that staff be directed to inquire with the Air Quality Maintenance District relative to any potential regulations or state legislation that might impact or curtail use of drive-throughs in the future. Commissioner Alvarez was concerned about the M-1 zoning. It seems the Home Depot site keeps coming up with exceptions. He asked staff to include in their report reasons why this wouldn't be re-zoned to something more appropriate with the use that is currently on the property. Mr. Godlewski needed a general concurrence among the Commissioners, to which they were in agreement. Chairman Cathcart would like the staff to look into the archives and find out how the traffic circulation on that site got the way it is. Traffic flow at Home Depot is a mess and the parking lot is dangerous. Commissioner Murphy expressed his concern and relief they were not looking at specific site plans on the basis of this request. Commissioner Bosch said the example demonstrates the problems the Commission sees in virtually every single drive-through restaurant application relative to accessing the drive-through lane, queuing, exiting from that drive-through lane, turning radii, delivery for adrive-through establishment, and the like. It's apparent the ordinance or development standards that would lead to the design of a site are not clear to those who design them. Perhaps that section of the ordinance could be reviewed at the same time. IN RE: MISCELLANEOUS Leaf blower ordinance: Staff is looking for the Commission's concurrence to bring this ordinance forward. 9 Planning Commission Minutes September 9, 1992 The Commission concurred. It's time to craft something and arrive at a solution that will help the residents without damaging the yard care industry. Staff will provide the Commission with information and at that time the Commission will decide to set a public hearing or study session. IN RE: PUBLIC INPUT Carole Walters, 534 North Shaffer, attended the City Council meeting last night. A few residents asked for a moratorium regarding the down zoning issue. It's time to ask the City Council to put Old Towne on the ballot for people to vote. Chairman Cathcart stated the Commission did receive a copy of the document that was read by Mrs. Tucker at the City Council meeting. The Commission has not had a chance to review it yet. IN RE: OTHER BUSINESS Chairman Cathcart stated they were to appoint a member of the Commission to the City Transportation Committee. He thanked Commissioner Murphy for volunteering to take that position. Moved by Commissioner Cathcart, seconded by Commissioner Smith, to appoint Commissioner Murphy to the City Transportation Committee. AYES: Commissioners Alvarez, Bosch, Cathcart, Smith NOES: None ABSTAINED: Commissioner Murphy MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Murphy, seconded by Commissioner Alvarez, to adjourn to two public work shops on September 14 and 28, 1992; and to adjourn to the next regularly scheduled meeting on September 21, 1992. AYES: Commissioners Alvarez, Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED The meeting adjourned at 8:00 p.m. sld 10