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HomeMy WebLinkAbout10-18-1999 PC MinutesjSS;V MINUTES Planning Commission City 01 Orange October 18, 1999 Monday - 7:00 p.m.PRESENT: ABSENT: STAFF PRESENT: IN RE:Commissioners Bosch, Carlton, Romero, Smith Commissioner Pruett Vern Jones, Planning ManagerlSecretary,John Godlewski, Principal Planner,Ted Reynolds, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary LG : L 66 fLN ~1l3' 1:) ". I.J::J -.ITEM TO BE CONTINUED 1. TENTATIVE TRACT MAP 14360 - SERRANO HEIGHTS (PHASE II)A proposal to subdivide approximately 204 acres 01 property in the Peralta Hills, north 01 Santiago Creek and Santiago Oaks Regional Park, south of Anaheim Hills, under authority 01 the Serrano Heights Specific Plan and Development Agreement. The tentative map includes 425 parcels that would be developed with single-Iamily residential buildings and 2 large parcels planned lor multiple lamily residential.NOTE:Environmental Impact Reports 954 and Supplemental EIR 1305 were previously prepared lor this project and certified by the City of Orange. The environmental analysis was amended February 19,1997. Mr. Jones stated the applicant requests to continue this item to the November 1, 1999 meeting.Chairman Bosch must abstain from discussion due to a potential conflict of interest.MOTION Moved by Commissioner Carlton and seconded by Commissioner Romero to continue Tentative Tract Map 14360 to the meeting of November 1,1999.AYES:NOES:ABSTAINED: ABSENT: IN RE: Commissioners Carlton, Romero, Smith None Commissioner Bosch Commissioner Pruett MOTION CARRIED CONSENT CALENDAR 2. Approval 01 the Minutes Irom the Meeting of October 4, 1999 Moved by Commissioner Romero and seconded by Commissioner Carlton to approve the Consent Calendar.AYES:NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 1 Planning Commission Minutes October 18, 1999 IN RE:CONTINUED HEARING 3. CONDITIONAL USE PERMIT 2298-99 - SPECIALTY RESTAURANT CORPORATION (ORANGE HILL RESTAURANT) A request to allow the construction 01 a one-level parking structure over the existing parking area and 3,070 square-loot, second story addition to the restaurant, with a third-story bell tower proposed as an architectural embellishment. The site is located at 5410 East Chapman Avenue. (This item was continued Irom the August 16, 1999 meeting.)NOTE:Negative Declaration 1606-99 was prepared to evaluate the environmental impacts 01 this project.Commissioner Carlton noted lor the record she was absent Irom the first hearing, but has read the Minutes and material and visited the site in order to make a decision on the applicant's project.Mr. Jones reported this item was heard on August 16, 1999 and the Commission requested additional inlormation, including inlormation about the access road going up to the restaurant, a salety evaluation or alignment study, a preliminary landscape plan showing how the area around the parking structure would be treated, inlormation to help understand the visibility and lighting impacts 01 the development, and any additional inlormation that would address the live entertainment uses. A memo was provided Irom fhe applicant describing the entertainment activities at the restaurant, and inlormation provided discussing the vehicle storage and the main access drive. Plans were also provided. Inlormation was not provided regarding the alignment or safety issues to the access road. The applicant also hung balloons over the weekend to determine where the heighfs 01 the new structure and restaurant might be.The public hearing was opened.David Tallichael. 6604 LaCumbre, is the President of Specialty Restaurant Corporation. They built Orange Hill Restaurant about 25 years ago. Mr. Tallichaet introduced his staN and consultants.Phil Bennett, 5535 East Cerritos Drive, is the architect lor the project. They took into consideration the concerns expressed at the first hearing about the size 01 the addition and the parking structure. They did some site studies and established the balloon heights. In reviewing the layout after the balloons were established, they decided to scale down the size 01 the parking structure. In doing so, they lessened the size by approximately 800 square leet. He referred to the revised site plan and explained that on the north elevafion, they have sef the building back approximately 16 leet lrom the top 01 the slope. On the east side where the existing knoll goes up an elevation about 825 leet, they were anticipating setting the parking structure into the hillside and doing some extensive grading. But, now they have pulled the building lorward towards the resfaurant to virtually eliminate any grading. There will be some minor cutting but no extensive grading. On the south side, they have increased the sefback Irom the top 01 the slope to a minimum of 36 feet at the closest point. In doing so, they reduced the size of the parking structure.They will have 104 parking spaces in the structure. They eliminated the outdoor dining area a long time ago. The top 01 the roof is proposed to be 2 112 leet below the existing roof structure height. They have also down scaled the bell tower to where the height of the bell tower will be approximately 36 112 leet, and 111eet in width. An engineering Ii I'm did a study of the lighting lor the restaurant. There will be four lights lor the parking structure and the pattern 01 the lighting is designed so that it does not go beyond the lootprint 01 the building.Carev Orwio. 1124 Dover Wav. Placentia, is the landscape architect tor the project. They propose to put in a planter that will be attached to the side of the building and plant a fast growing vine to cascade down the face of the building to solfen and obscure the structure. On the west side 01 the building there will be plantings at the ground level. On the south side, there will be a two- tiered planting structure. He also suggests planting a rather dense screen of low branching shrubs and trees to help block or prevent any spill light Irom the cars. A 24" box Ficus tree, planted, will be about 8 feet tall and will Planning Commission Minutes October 18, 1999 twice that size. The 15 gallon shrubs, planted, will be about 51eet tall, and will grow about a loot in a year. There is more soil now than previously with the remodeling 01 the structure, and the amendments to the soil with a good native mulch will help the plants grow. A 24" box Pine is going to be about 61eet tall, and if lertilized property, they can add a loot 01 growth a year. All 01 the plants are easy to maintain and can be topped without destroying their health. They propose to install an automatic drip irrigation system, with a drainage system, to water all shrubs and plants. Mr. Bennett said they decided to construct a 42" high wall on the north side 01 the parking structure at the lirst floor level to help eliminate headlight intrusion 01 cars. Brian Georae. 1946 East Berrv. is the valet manager lor the restaurant. The new parking structure will add 100 parking spaces to the current parking of 210. He spoke about the stacking 01 cars down the hill. Mr. Bennett stated valet service checks with the banquet manager each night to make sure there is adequate stalling lor the number 01 people attending banquets. In the past, parking became a problem when the parking lot was lull. With the parking structure and additional staffing, they leel the stacking issues will be non-existent when large banquets are held. He talked about a dip at the bottom 01 the road that at times creates a problem. They propose to provide a culvert underneath the existing roadway, and to flatten out that space at the bottom 01 the road. The road is approximately 20 leet wide lor the majority 01 the distance Irom the bottom 01 the hill up to the top. They leel they can widen the road to 24 leet.Additionally, they want to add about 120 guardrail posts, and post some speed limit signs on the road.Regarding the balloons, they represent the top 01 the parapet 01 the second level. They range from 14 leet 6 inches to 18 leet 6 inches. The parapet is the top of the guardrail that goes around the parking structure.The Commission questioned the seating capacity and proposed additions to the restaurant as they were concerned about the stacking problem. They also discussed lire truck access to the two fire hydrants at the top of the hill. The other concern is a proactive maintenance program 01 the new trees and shrubs.The Commission and applicant talked about the bell tower. They want to reduce the tower to be in proportion wifh the building. It will be closed off on three sides and it will be open from the west elevation so that any light will be filtered towards the roadway. There will be lights inside the bell tower shining down and there will be flood lights mounted on the outside 01 the tower (the west side of the tower). Mr.Bennett agreed to additional conditions of approval should the project be approved.7 oeoole sooke in oooosition William Earnest, 138 Calle Alia.Mary Fox, 146 Calle Alfa.Lance Rozell, 202 Calle Grande.Phil Heim, 126 Calle Alta.Charles Jones, 1101 Packer Circle, Tustin.Ken Calvert, 350 Calle Grande.Pat Long, 6612 LaCumbre Drive.Pictures were taken 01 the balloons that were put up. They objected to the parking structure because it will block the residents' view. If is a dangerous right turn off of Chapman up to the restaurant. A right turn lane was suggested. They questioned why the bell tower needed to be on top 01 the new addition. The bell tower should be located on the down slope 01 the drive, facing west. Lighfing in the parking structure is a concern. The location 01 the restaurant does not permit an easy expansion. Live entertainment is not acceptable because sound travels. There is concern about headlights shining into adjacent houses. The Fire Chiel should make a site visit to determine emergency access requirements. Property values will decline if the proposed expansion of the restaurant is approved. Many lelf the addition will cause deterioration and only benefits the applicant. Mr. Jones' property had been turned into a parking lot without his knowledge or consent. Because of this, there is a problem with the Fish and Wildlife Agency, Planning Commission Minutes October 18, 1999 because they want the land put back in its original condition. This parcel is not usable lor at least three years. There were grading and construction concerns. Parking structures are not attractive and that is a concern. Aoolicant's resoonse Mr. Bennett pointed out the Fire Department must approve their plans bel ore any work begins. They have placed several conditions on the project that must be met. Mr. Tallichaet wants to be good neighbors. The bell tower is not important and it can be eliminated. All lights in the parking structure will be shielded. They are concerned about the salety 01 their road and will widen the road lor better access. They propose to maintain their landscaping and will agree to a tree service cutting back their trees twice a year. They currently have a parking problem, but by adding 100 parking spaces it should alleviate the stacking problem. He apologized lor trespassing onfo private property and acknowledged they were wrong to do so. The public hearing was closed. Commissioner Smith asked about the standards lor the private road. Mr. Hohnbaum stated this road would lall under the private road standards and certain criteria would apply. The 24 loot width would meet the minimum lane width lor a private street. A concern would be the grade 01 the road and the curvature. The applicant has indicated they wish to upgrade the railing. In addition, the applicant proposed to post advisory signs lor speed. Commissioner Smith wanfed to know if addressing the access road was only related to the conditional use permit, or is that something the City would look at even il the CUP were denied. Mr. Reynolds stated the City could not require any new additions to the roadway unless an application was being considered. Commissioner Smith spoke about the Fire Department's requirements lor the proposal. Mr. Jones responded the Fire Department has participated, along with all 01 the City's Departments who review projects. They have also worked with the applicants to modify the plans, adding approximately 15 conditions that must be met. Commissioner Carlton questioned the stacking 01 cars on the private road and she thought that diminishes the access lurther on the road. She asked il there were rules lor stacking cars on private roads. Mr. Hohnbaum replied the standard would be the minimum lane widfh plus il there is to be parking on one side 01 the roadway, then additional width would be required. "the applicant proposes a 24 loot width and then parks on the street, they would be in violation of the use 01 the private roadway. The City will require that portion 01 the road to be posted with "no parking" signs. II the applicant is presently stacking cars, it would be considered an existing non-conlorming lacility and would not be illegal.The Commission wanted lurther clarification on the blasting and grading lor the proposal.Mr. Hohnbaum stated the City has a very stringent blasting ordinance, which requires quit a bit 01 noticing and testing. Blasting could be allowed, but he hasn't heard the applicant state that's something they wish to do. The existing grading ordinance would confine all grading activities to the site, unless there was an easemenf that was procured by the applicant to grade on someone else's property.Commissioner Carlton thought the restaurant is a landmark and she would like to see some improvements made. She liked the bell tower and didn't know whether it could be relocated somewhere else on the Planning Commission Minutes October 18, 1999 property. The applicant seemed willing to accept at least eight (8) new conditions. She was concerned about the stacking 01 cars on the road. In looking at the pictures, the view will be blocked somewhat by the building, but it wouldn't be that much of a visual impact. She lelt the restaurant needed more parking, regardless of the seating area 01 the restaurant. Commissioner Romero was still concerned with the parking structure and the 3,000 square loot addition. He believed adding 20% more square lootage and adding 20% more parking doesn't solve the problem, even though parking meets the City's requirements. There will be visual impacts with the parking structure. He was not in agreement with the approval 01 the proposal. Commissioner Smith appreciates the presence 01 Orange Hill Restaurant in the community. The resfaurant is allowed to expand by their zoning. However, it is adding space, it is going up and it will impact the view 01 neighbors. She appreciates the applicants scaling the project down. She would like to see the expansion lor the restaurant, but would like to see a better solution to the parking problem that exists. She is concerned about the encroachment problem on Mr. Jones' property. Improvement to the road must be included in the project. She suggested some added conditions: No stacking of traffic on the hill. Agreement to the planting of the trees; tree pruning. The elimination 01 the bell tower. The shielding lor the head lights. Some sort of mitigation measure on the parking lot at the bottom 01 the structure. All the reductions that Mr. Bennett mentioned in scaling down the size 01 the building. Widening the access road; adding the guard posts and posting speed limit signs. Chairman Bosch agreed the bell tower is very nice, but it is a huge imposifion on the neighbors and sky line. Therefore, it would be damaging to the collective environment 01 the neighborhood. He appreciates the applicant's willingness to give the bell tower up. He agreed there needs to be a knee wall on both levels 01 the parking structure to contain the head lights. He also shared the concern about the plants af the lower level of the strucfure, on the south side of the site and whefher the plants would effectively contain the lighting lrom the head lights, not only to the east but across the canyon view direction to the south. And, there is concern about the density 01 that planting and what might be done to mitigate head light intrusion in that direction. Walls all the way around the site will create a worse problem in terms of impacts on the grading and visual appearance. Regarding the encroachment onto Mr. Jones' property, he believed there are legal remedies in the current codes and with the Fish and Game, as well as private property rights to handle that concern that Mr. Tallichaet has publicly indicated he will mitigate and restore. II this project were to be approved, he had a problem tying a condition that is held by another property owner. He is really concerned about the grading, particularly the widening 01 the road. He would hate to see too much shaving away of fhe hill and a reduction in the native, natural habitat that exists above and below the road. It appears there may be sufficient width to widen fhe majority of the road to 24 feet with the improvement in the guard rail. There might even be a way to improve some of the curves. He suggested the applicant retain a traffic and civil engineer to review the alignment and grading 01 the road and sighf lines, and to establish the design speed of the road lor the improved safety of the road. The Commission shouldn't overlook the applicant's stipulation to install a culvert and eliminate the dip in the road at the entrance subject to approval of any encroachments on properties that the applicant does not own. With the bell tower gone, the very minor increase in the height of the building is not going to have a negative impact on the sight lines. The trees will be a bigger problem if they are not controlled. The parking structure is the issue. The design 01 the structure, including bulk, mass and light fixtures, is of concern. The height 01 the light fixtures adds to fhe problem. The excessive height of the light posts will diffuse the light higher up. He would like to see a much lower height set on the light standards. He suggested that fhe light fixtures have a height 01 no more than 10 leet above the top deck of fhe parking structure. The applicant has gone a long way to reduce the impacts of the proposed project and has agreed to additional conditions. He wishes there was not a need lor the parking structure. It takes a fine hand to design a landscaped, planted parking structure that really does the job. He thought there needed to be a landscaped treafment on the north side ot the parking structure. Wind resistant type landscaping is encouraged. Most of the negative impacts have been taken care 01 to the point where there would be no greafer impact than exists now upon the neighbors. 5 Planning Commission Minutes October 18, 1999 MOTION Moved by Commissioner Smith and seconded by Commissioner Carlton to approve Mitigated Negative Declaration 1606-99Iinding that it will not have a significant adverse impact on the environment or wildlife resources. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED MOTION Moved by Commissioner Smith and seconded by Commissioner Carlton to approve Conditional Use Permit 2298-99, which is a modification to Conditional Use Permit 1904-91, based on the findings that the permit is granted upon sound principles 01 land use and in response to services required by the community. The permit enhances bordering land uses and it has been considered in relationship to its ellect on the entire community of Orange. The permit is not granted on individual welfare, but rather to preserve the general welfare of the community. Conditions 1 through 27, as listed in the stall report are to be included in this approval, modifying condition 5 to include an approved landscape plan lor the property. The lollowing conditions are to be added: #28 No "stacking" of parking vehicles on the access drive shall be permitted. #29 A lrallic and civil engineer shall be retained to review alignment, gradients and sight lines, as well as salety measures, including trallic control and safety sign age to establish the designed speed and to mitigate to the greatest extent possible the non-conlormities 01 the road to current accepted design standards, with the agreement 01 the City Engineer, and including a 24 loot pavement width and realignment and strengthening of the guard rail. #30 The parking structure shall contain a knee wall, on both levels, to conceal any head lights lrom the adjacent neighbors. #31 The height 01 the light standards on top 01 the parking strucfure shall be no more than 10 leet and be lully shielded so that light does not spill beyond the parking structure. #32 Trees shall be pruned twice a year to control the height 01 the trees to be no taller than fhe height of the building. # 33 The parking structure shall be scaled down by 800 square leet as per the revised site plan dated October 18, 1999. #34 A culvert shaiJ be installed af the entrance 01 the access road. #35 The bell tower will be eliminated from the project. #36 There shall be no increase in size 01 outdoor dining area. #37 No use 01 explosives or blasting 01 any sort will be allowed in conjunction with the grading operations or construction on the site.38 No outdoor amplified sound or live entertainment shall be aiJowed.AYES:NOES:ABSENT: Commissioners Bosch, Carlton, Smith Commissioner Romero Commissioner Pruett MOTION CARRIED Chairman Bosch respected the right 01 the property owner to improve the property, but he stiiJ had concerns. The concern is keeping the heights down and improving the landscaping and lighting, and confaining some 01 the potential negative impacfs that could occur on the site. The parking structure is pretty much contained behind the restaurant building.Mr. Jones explained the appeal procedures to those in the audience.IN RE:MISCELLANEOUS 4. CLARIFICATION OF POLICY LANGUAGE REGARDING USE OF MATERIALS ON NEW INFILL DEVELOPMENT IN OLD TOWNE.Mr. Jones explained at the Commission's October 4 meeting they reviewed and approved the revision to the Use 01 Appropriate Materials policy in the Old Towne Design Standards. The policy included new language addressing new infill development. And, included a policy that dillerentiated between materials that are appropriafe for historic structures and materials that are appropriate for Planning Commission Minutes October 18, 1999 read the verbiage that was adopted by the Commission. Stall is concerned about the last sentence, containing the word "consistent" and how that might be interpreted. The word "compatible" conveys the intended idea without creating any conlusion. The Community Development Department relies upon both the Design Review Committee and the Planning Commission's determination, as well as C~y Council, on many 01 the policy languages. Staff has reviewed this language with the City Attorney's office and the Design Review Committee to make sure there will be no misunderstanding about this particular policy. The Commission determined that the word "compatible" would be consistent with their intent, noting this does not apply to the historic buildings or additions to the historic buildings. MOTION Moved by Commissioner Bosch and seconded by Commissioner Smith that the Planning Commission amends its recommendation to the City Council contained within the overall recommendation lor approval 01 the Use 01 Appropriate Maferials policy in the Old Towne Design Standards as they apply to new infill development in that the wording 01 one word in one paragraph be clarilied. That the word "consistent" in the last sentence be changed to the word "compatible" in keeping with the intent 01 the Commission at the time 01 its adoption 01 the recommendation. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED IN RE:OTHER MATTERS Commissioner Smith received a letter lrom Mr. William Earnest which contained two points. One is regarding the Orange Hill Restaurant and hearsay that at some time when the restaurant was built, the Cify 01 Orange paid for the electricity to pump water up to the restaurant. The question is asked if that is still a lact today. She would like staff to investigate this and respond to the Commission. The second point is that Mr. Earnest submitted a one-page report he obtained lrom the Police Department. He was charged 37 and he had to wait 2 112 hours to obtain the copy. She thought the charge was too much and she suggested that it be relunded to Mr. Eamest, or at least reduced. She also wanted to know the policy that would warrant a $37 charge lor a single page police report.Mr. Reynolds stated there should be a lee schedule. He also wanted to look into this matter. The City Attomey's office will follow up with Mr. Earnest.IN RE: ADJOURNMENT Moved by Commissioner Carlton and seconded by Commissioner Romero to adjourn at9:40 p. m. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Isld