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HomeMy WebLinkAbout09-17-1990 PC MinutesPLANNING COMMISSION MINUTES City of Orange September 17, 1990 Orange, California Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Cathcart, 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 SEPTEMBER 5, 1990 Moved by Commissioner Scott, seconded by Commissioner Bosch, that the Minutes of September 5, 1990 be approved as recorded. AYES: Commissioners Bosch, Cathcart, Master, Scott NOES: None MOTION CARRIED IN RE: ITEMS TO BE CONTINUED TENTATIVE TRACT MAP 13984 AND TENTATIVE PARCEL MAP 89-402 - SODTHRIDGE DEVELOPMENT COMPANY: The applicant has requested this item be continued to the public hearing of October 1, 1990. Moved by Commissioner Scott, seconded by Commissioner Bosch, to continue Tentative Tract Map 13984 and Tentative Parcel Map 89-402 to their meeting of October 1, 1990. AYES: Commissioners Bosch, Cathcart, Master, Scott NOES: None MOTION CARRIED IN RE: CONTINUED HEARINGS ORDINANCE AMENDMENT 4-90 - CITY OF ORANGE: An amendment to those Sections of the Orange Municipal Code, which pertain to the sale of alcoholic beverages. The Amendment has been revised to require issuance of a Conditional Use Permit for all establishments featuring either on-sale or off-sale alcoholic beverages. Changes to the existing regulations regarding the sale of beer and wine at establishments which offer the sale of motor fuels are Planning Commission Minutes September 17, 1990 - Page 2 NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303. This item was continued from the August 20, 1990 Planning Commission Meeting.) A staff report was not presented. The public hearing was opened and then closed as no one was opposed to the Ordinance Amendment. Commissioner Scott said there were some concerns at their previous meeting regarding continuity on the issuance of the permit. Commissioner Bosch reviewed the revisions and thought it fulfills all the requirements the Commission felt were necessary in terms of equal application of the criteria and forejudgment of the appropriateness of the conditional use permits for sale of alcoholic beverages throughout the City. Moved by Commissioner Bosch, seconded by Commissioner Scott, to recommend the City Council adopt Ordinance Amendment 4-90 as stated in staff's memorandum to the Planning Commission dated September 4, 1990. AYES: Commissioners Bosch, Cathcart, Master, Scott NOES: None MOTION CARRIED Commissioner Bosch commended the staff for their work in pulling this altogether. It is a much more readable Ordinance Section than the previous one. IN RE: CONTINUED HEARINGS MODIFICATIONS TO TENTATIVE TRACT MAPS 13841 AND 13842, CONDITIONAL USE PERMIT 1738-88, VARIANCE 1855-88, ADMINISTRATIVE ADJUSTMENT 88-19, AND ENVIRONMENTAL IMPACT REPORT 861 - ORANGE HOMES, INC.: A request for modifications to the conditions of approval for the submittals noted above, to allow the single family portion of the project to be developed separately from the multifamily development. Subject property is a 70.8 acre parcel zoned R-3 (Residential, lultifamily), R-1-6 Residential, Single Family liinimum lot size 6,000 square feet), and R-0 (Recreational, Open Space) Districts, located west of Prospect Street, south of Collins Avenue, east of Santiago Creek, and north of Walnut Avenue. NOTE: Supplemental 1nvironmental Impact Report 861 was previously certified for this project. This item was continued from the September 5, 1990 Planning Commission Heeting.) Planning Commission 2Sinutes September 17, 1990 - Page 3 Commissioner Cathcart excused himself from the meeting due to a potential conflict of interest_ Ms. Wolff said at the previous meeting the Commission heard this item and expressed some concerns about the assurances regarding installation of public improvements on the project primarily the creek improvements and the improvements to the new alignment of Prospect). Staff has worked with the applicant and tried to come up with some sort of condition that would provide the greater assurance that the Commission asked for and still allow the project to go forward without undue encumbrance_ Staff recommends the deletion of Condition 18, which called for the dedication and bonding for the extensions of Walnut and Bond and the new alignment of Prospect Street, and come up with something that is more specific and requires the actual construction of the new alignment of Prospect within a two year time frame of the recordation of Tract 13841. It's a phased construction of Prospect Street. The first phase being required prior to issuance of the first occupancy permit on the project. That would be a two lane construction of Prospect, between Walnut and the Bond Avenue extension. The second phase would be a four lane construction of that section, and the final phase would be the complete construction of the Prospect alignment, all the way from the Collins curve through the end of the section at Walnut. The public hearing was opened. Applicant Tom Grable, Orange Homes, 100 Pacifica, Suite 360, Irvine, thanked the Planning Commission for a continuance in order to work with staff on a solution to address their concerns. After several meetings with staff and some of the residents, they have come up with a good solution and it's acceptable to them. Citizen Input Joseph DeCroix, 3724 81 Carmen, said l~r. Grable came to them with his presentation, which looks very good. He thanked the Commission and Watt Homes. He appreciated them coming to the neighbors and working with them to come up with a solution. The public hearing was closed. Commissioner Bosch thought substantial progress had been made regarding assurances to get the major infrastructure improvements related to the first phase of development to be assured. Later improvements with regard to the creek really seem to go along with the proposed second phase of the development. He felt it was appropriate and it should be attached to this phase. Planning Commission Minutes September 17, 1990 - Page 4 Moved by Commissioner Bosch, seconded by Commissioner Scott, to recommend the City Council adopt modifications to Tentative Tract Baps 13841 and 13842, Conditional IIse Permit 1738-88, Variance 1855-88, Administrative Adjustment 88-19 and Supplemental Bnvironmental Impact Report 861 as contained in the staff report presented to the Planning Commission on September 5, 1990, except for the replacement of Condition 18 and Condition 19, as contained in the September 14 memorandum from staff. New Condition 18 deletes the last sentence of Paragraph C - "The City Engineer may grant up to a two year extension of time should conditions warrant.' AYES: Commissioners Bosch, luster, Scott NOBS: None ABSENT: Commissioner Cathcart MOTION CARRI?3D Commissioner Cathcart returned to the meeting_ IN RE: NEfi HEARINGS CONDITIONAL USE PERMIT 1869-90 - GEMINI GYMNASTICS: A proposal to allow a commercial recreational use with shared parking in the M-2 zone upon property located on the southwest corner of Batavia Street and Struck Avenue, addressed 1050 North Batavia, IInit -C". NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CSQA Guidelines, Section 15303. A staff report was not presented and the public hearing was opened. Applicant Doug Frerrie, Project Manager, 1050 North Batavia, was excited about the prospects of having Gemini Gymnastics as a new tenant. They were in favor of most of the conditions of the staff report, but had questions on Items 3 and 14. In reference to Item 3, the payment of TSIP fees, they wanted clarification as to the requirements for that particular fee. Could that fee be waived by the Commission or something that needs to be discussed with Public Works? Cha~~a*+ Master stated it is a fee that is assessed against particular types of businesses because of traffic generation. The applicant brought it to their attention and were concerned as to the parameters of the fee requirements. In talking with Public ~iiorks, they learned it was a fee to be used for any type of road improvements. The applicant feels he is not a hindrance or detriment to the road. Planning Commission Minutes September 17, 1990 - Page 5 Mr. Godlewski said the TSIP fee is something that is administered by the Public Works Department. If the applicant has a problem with the fee, there is an appeals board that is set up through Public Works, which would be the appropriate form to discuss any modification of fees_ Item 14 makes reference to a restriction for Saturday only use in regards to competitions or exhibitions. They were hoping that in the event Gemini Gymnastics had a situation where they wanted to have a competition or exhibition on Sunday, not that it's likely, but they wanted to have that option. He requested a waiver of this condition. Cha~~an faster assumed the Saturday restriction had to do with parking on a normal weekday. He surmised Sunday would be acceptable. Staff explained there are church services on Sunday and they are allowed to use 100 spaces out of the parking lot by their conditional use permit. There are more than 100 spaces in the parking lot, but because they are adjacent to each other, staff felt limiting the use to Saturday was more appropriate. Collin Moody, Gemini Gymnastics, 504 Cerritos Drive, has been operating Gemini Gymnastics for the past eight years and for the past two years, operating in Orange. They originally applied for a conditional use permit two years ago, but they didn't take the option at that time because the building was a little bit smaller than they anticipated. They have allocated seven parking spaces for their use and do not anticipate a problem with parking. They very much want to stay in Orange. The public hearing was closed. Commissioner Scott reviewed the site, but had problems in finding the address numbers on the building_ The trees are overgrown and cover them. He suggested pruning the trees. The manager agreed and it will be taken care of.) Commissioner Bosch said there was approximately 500 parking spaces on the site and the church is allotted as many as 100. He felt there would not be a significant incompatibility given the normal walking distances. Moved by Commissioner Bosch, seconded by Commissioner Cathcart, to approve Conditional IIse Permit 1869-90 subject to Conditions 1-15, modifying Condition 14 to state, Gymnastic competitions and exhibitions are restricted to Saturday and Sunday only." AYES: Commissioners Bosch, Cathcart, Master, Scott NOBS: None MOTION CARRIBD Planning Commission Minutes September 17, 1990 - Page 6 IN RE: NEF1 HEARINGS MODIFICATION TO CONDITIONAL USE PERMIT 1782-89 - ARTIE AND BIANCA BAVAND: A proposed modification to a Conditional use Permit approved in 1989 which allowed the serving of beer and wine in conjunction with a bona fide restaurant, and a reduction of on-site parking in a multi-tenant commercial center. The applicant is now requesting removal of a condition which limited the restaurant's hours of operation to after 5:00 p.m. on weekdays. Subject property is located on the south side of Chapman Avenue, west of Newport Boulevard, addressed 7448 East Chapman Avenue. NOTE: Negative Declaration 1304-89, which was previously certified, has been modified for the current project. A staff report was not presented and the public hearing was opened. Applicant Artie Bavand, 1691 Williamsburg, opened their restaurant May 15 in East Orange. Several people have no objection to them opening for lunch. The area has not developed to the degree at this point to create an abundance of parking. There is ample parking available in their lot. Since he has a new business, he wishes to get as much exposure as he can_ Chairman Master said there was a petition submitted in opposition to the restaurant being open for lunch. The applicant was given a copy. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, is in favor of this application. He does not care for the development; the driving in and out of the center is dangerous. The Bavand's should not be penalized for the poor planning that was done. That parking lot is never full. East Orange needs the kind of restaurant that the Bavand's have provided; the food is excellent. It's not a fast food place. Cha~*'man Master asked if there has been any notable reporting of accidents in the parking lot? Ms. ilolff was not aware of any accident statistics for this site. Planning Commission Minutes September 17, 1990 - Page 7 Rebuttal Mr. Bavand read the petition and said the people who signed it are in a different shopping center. There is no conflict between the two centers. Alan Prince, 6630 Bast Joshua Tree, is a very good customer of the Bavand's and their restaurant is a fine addition to Bast Orange. He ate lunch there today and counted the number of empty parking spaces -- 28 of them at 12:30. At 2:00 p.m. there were 29 vacant spaces. He doesn't see where there is a parking problem. The public hearing was closed. Moved by Commissioner Bosch, seconded by Commissioner Scott, to support the findings of the Environmental Review Board regarding modification of Negative Declaration 1304-89 and approve modification to Conditional IIse Permit 1782-89. AYES: Commissioners Bosch, Cathcart, luster, Scott NOBS: None MOTION CARRIED IN RB: OTHER ITEMS Commissioner Scott suggested that the study session scheduled for September 24, 1990 at 5:30 p.m. regarding the proposed Landscape Ordinance, be continued to a date uncertain until the fifth Planning Commissioner is appointed. Moved by Commissioner Scott, seconded by Commissioner Cathcart, to continue the study session regarding the proposed Landscape Ordinance to a date uncertain until the fifth Planning Commissioner is appointed. AYES: Commissioners Bosch, Cathcart, Master, Scott NOBS: None MOTION CARRIED IN RB: ADJOIIRNMSNT Moved by Commissioner Scott, seconded by Commissioner Bosch to adjourn at 7:45 p.m. AYES: Commissioners Bosch, Cathcart, Master, Scott NOBS: None MOTION CARRIBD sld