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HomeMy WebLinkAbout10-19-1998 PC MinutesCa$5i~ c. :L ~ t!)() . G-. J. 3 MINUTES Planning Commission City of Orange October 19, 1998 Monday - 7:00 p.m.PRESENT: ABSENT: STAFF PRESENT: IN RE:Commissioners Carlton, Pruett, Romero, Smith Commissioner Bosch Vern Jones, Planning Manager/Secretary,John Godlewski, Senior Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary o :; L, b l:j I.::i;_:.~ i 1 J }\ ,J.] J -;CONSENT CALENDAR 1. APPROVAL OF THE MINUTES FROM THE MEETING OF OCTOBER 5, 1998.MOTION Moved by Commissioner Romero, seconded by Commissioner Pruett, to continue the Minutes of October 5, 1998 to the next meeting.AYES:NOES:ABSENT: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED 2. TENTATIVE PARCEL MAP 98-198 AND FINAL SITE PLAN "THE MEDRIDAN AT TOWN AND COUNTRY" - EWINGlNORTH AMERICAN PROPERTIES Parcel map related to approved redevelopment of the Town & Country Shopping Center, including residential apartments and commercial development of frontage on Main Street. OMC Section 16.12.040 and CUP 2205- 98 require that a 'tentative parcel map for this project be approved by the Planning Commission, with the final site plan. The site is located on the northeast corner of Main Street and Town &Country Road. MOTION Moved by Commissioner Pruett, seconded by Commissioner Carlton, that the Commission finds substantial conformance with the site plan approved through Conditional Use Permit 2205-98, and approves Tentative Parcel Map 98-198, with conditions 1 through 8. AYES: NOES: ABSENT: IN RE: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED NEW HEARING Staff recommended that Item 4 be considered at this time, prior to Item 3. 4. ORDINANCE AMENDMENT 3-98 - CITY OF ORANGE A proposal to amend the City Zoning ordinance adding schools as a conditional use in the office- professional zoning classification. 1 Planning Commission Minutes October 19, 1998 Negative Declaration 1581-98 was prepared to evaluate the environmental impacts of this project.Mr. Jones stated at the meeting of September 21, 1998, the Commission reviewed an application from the University of Sarasota located at the corner of Manchester and Chapman. It is an existing two-story office building, which is zoned Office-Professional. The OP zone does not allow schools and universities.Because of this, the application requested a zone change to commercial use. The Commission discussed the commercial zoning and the more intensive uses that it would allow. The hearing was continued to resolve this issue and per the Commission's request, staff studied the zoning ordinance to possibly re-zone this site to commercial use. Staff proposes to delete the specific use "Trade School" from the commercial use regulation table, and to substitute the more generic use category " School". Schools can then be considered by conditional use permit in the commercial zones.NOTE:The public hearing was opened and then closed as there were no public comments.Commissioner Smith noted she was not present for the first hearing, but has read the information.Commissioner Pruett was in support of this item. At the last meeting, it was learned this type of use was not allowed in the Office-Professional zone. That, if this type of use were to be allowed in the OP zone, it would require a zone change, which would be more detrimental to the surrounding property owners. This is not being done for this particular use, but for this type of use in Office-Professional zones.MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero, to recommend to the City Council to approve Negative Declaration 1581-98, finding that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources.AYES:NOES: ABSENT: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED MOTION Moved by Commissioner Pruett, seconded by Commissioner Carlton, to recommend to the City Council to approve Ordinance Amendment 3-98, amending Table 17.18. 030, deleting the use "Trade School" and adding the use "Schools". There are no findings other than the Ordinance Amendment is made to further the goals of the General Plan of the City of Orange.AYES: NOES: ABSENT:Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED IN RE:CONTINUED HEARING 3. CONDITIONAL USE PERMIT 2250- 98 - HOLVALOA REALTY ADVISORS (UNIVERSITY OF SARASOTA)A proposal to allow the establishment of an educationallinstitutional use in an existing office facility. The site is located at 3745 West Chapman Avenue.NOTE:Negative Declaration 1573-98 was prepared to Planning Commission Minutes October 19, 1998 Mr. Jones reported that the University of Sarasota would like to establish a branch University at this particular site, by converting the first floor of an existing two story office building for class room and associated support uses. The request was continued to this date to further address two issues, zoning and parking. Mr. Jones explained the parking standards associated with this use. It may bareasonable to consider the unique parking needs of this project by CUP, rather than require the applicant to adhere strictly to code requirements for more typical adult educational facilities. The public hearing was opened. ADDlicant. Jeff Adler. Bole International. 2915 Redhill Avenue. Costa Mesa. brought with him the owner of the facility, property manager, and real estate broker representing the company. They feel the building is an outstanding asset that has been under utilized. The University of Sarasota is an unique tenant and is successful on the East Coast. The University is looking forward to making its home here in Orange. They have addressed one of the key issues of parking and they are willing to control the parking so that it does, not get out of hand. They have read the seven (7) conditions of approval. The only concern is with condition 5 regarding no more than 45 people being allowed on the campus at any given time. Originally, they talked about 50 people and they have 55 dedicated parking spaces, so they request that the number be changed to 50. The public hearing was closed. Commissioner Pruett did not see anything wrong with the project. and as proposed, it would be a real asset to the community. He spoke about the maximum number of 50 students being on campus. Commissioner Smith referred to condition 5 and wanted discussion about the number of people being allowed on campus. The Commission did not have a problem with 50 people being allowed on campus at any given time. Condition 8 needs to be added stating this CUP is conditioned on the final adoption of Ordinance Amendment 3- 98. MOTION Moved by Commissioner Romero. seconded by Commissioner Pruett. to approve Negative Declaration 1573-98, finding that there is no substantial evidence that the project will have a significant adverse impact on the environment or wildlife resources. AYES: NOES:ABSENT:Commissioners Carlton, Pruett, Romero. Smith None Commissioner Bosch MOTION CARRIED MOTION Moved by Commissioner Romero, seconded by Commissioner Pruett, to approve Conditional Use Permit 2250-98. with conditions 1 through 7 listed in the staff report, modifying condition 5 to reflect no more than 50 persons (students and staff) shall be on campus at any given time. And, add condition 8 that the CUP is conditioned on the final adoption of Ordinance Amendment 3-98. The Commission finds that the CUP is 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 create special problems for the area in which it is located. It has been considered in relationship to its effect on the community or neighborhood plan in which it is located. And. it is made subject to those conditions necessary to preserve the general welfare,not the individual welfare of any particular applicant.AYES:NOES:ABSENT:Commissioners Carlton, Pruett, Romero. Smith None Commissioner Planning Commission Minutes October 19, 1998 IN RE:NEW HEARINGS 5. CONDITIONAL USE PERMIT 2245-98 - LEFT AT ALBUQUERQUE A proposal to allow the on-site sale and service of alcoholic beverages within a restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR- 22 Freeway.This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.There was no opposition to this item; therefore, the public hearing was opened.NOTE:ADolicant. Ross Kav. 360 Universitv Avenue. Palo Alto is Vice-President of Real Estate and Development,as well as general counsel. Left at Albuquerque in Orange will be their eighth restaurant, a southwestern/mexican concept with a lot of chilies anddifferent sauces. They've tried to create a dining experience that is unique for fine dining at casual dining prices. All of their restaurants serve alcoholic beverages and they have had a clean record of responsible alcohol service. They have read the conditions of approval and accept them as written. He wanted to know about the approval process because they have a pending ABC issue that needs to be resolved.Mr. Jones explained the approval process to the applicant.The public hearing was closed.It was noted the project is categorically exempt from CEOA review.MOTION Moved by Commissioner Carlton, seconded by Commissioner Pruett, to approve Conditional Use Permit 2245-98, with conditions 1-13 as listed in the staff report, finding that the CUP is 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 create special problems for the area in which it is located. The CUP has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. And, it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.AYES:NOES:ABSENT: Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED 6. CONDITIONAL USE PERMIT 2253-98 - SEGA GAMEWORKS A proposal to allow the on-site sale and service of alcoholic beverages within a new restaurant. The site is located at The Block at Orange, west of the City Drive between Chapman Avenue and the SR-22 Freeway.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.Chris Carnes, Associate Planner, reported the proposal is a request for a conditional use permit to allow the State Alcoholic Beverage Control Soard to issue a Type " 47" liCense, which would allow the applicant to sell all forms of liquor. The proposed facility is located in the southwest portion of the new Block at Orange and it is a combination amusement arcade and restaurant. The proposed hours of operation are 10:00 a.m. to 2:00 a.m. The facility will have the capacity to serve 112 Planning Commission Minutes October 19, 1998 year, the Commission approved a CUP that allowed an amusement arcade and restaurant, but they did not apply for any alcoholic sales. The applicant has already received approval of an Alcoholic Management Program by the Police Department. These programs have to be approved by the Police Chief prior to their ability to even apply for the conditional use permit. The public hearing was opened. Applicant. Janice Miller. 10 Universal City Plaza #3300. Universal City. is the Vice-President of Business and Legal Affairs for Saga Gameworks. In March, they felt their primary target was families, and as such,they applied for the CUP as an arcade and restaurant, eliminating the alcoholic beverage element. Since that time, they have found they can do a little bit of everything, depending on the time of day. They have opened five (5) sites and in the next few months, they will be opening four (4) more, The Block at Orange being one of them. They are now requesting to sell alcoholic beverages in their facility. They have agreed to all of the conditions, with the exception of two. They just changed their policy with regard to theconsu!T1ption of alcohol. They would like to delete Conditions 11 and 12 as written, and add another condition to read, -After 8:00 p.m. no one under the age of -21 be allowed in the facility, unless accompanied by a responsible adult, that being someone over the age of 25.- The Commission and applicant discussed the proposed condition, hours of operation, and not allowing people under the age of 21 into the facility, unless they are accompanied by an adult. Ms. Miller explained Saga Gameworks' processing procedures and stated that all employees are required to complete Alcohol Management Training. Commissioner Pruett was concerned about the proposed activity and referred to condition 7. It stated the gross sales of alcoholic beverages shall not exceed the gross sales of food, entertainment or other commodities. He wanted to delete "entertainment" from this condition. Ms. Miller did not have a problem with his request. He believed having un-supervised children in the facility with alcohol is not a good idea.The public hearing was closed.Commissioner Smith asked Ms. Binning for legal clarification regarding the elimination of conditions 11 and 12.Ms. Binning stated because the City is a governmental entity it cannot impose a greater age requirement than State law allows. And, also to be consistent with prior actions, she recommends the Commission not use the 21 years of age, but use 18 instead. She also recommended not establishing an age for the responsible adult. The applicant is entitled to raise the age limit, but the City is not entitled to do so.The Commission discussed conditions 7, 11 and 12. Commissioner Pruett wanted to delete entertainment from condition 7. Commissioner Carlton preferred t9 leave entertainment in the condition.Regarding the new proposed condition by the applicant, Commissioner Carlton felt more flexibility was needed and wanted the hour of 10:00 p.m. rather than 8:00 p.m. The applicant can modify the conditions based on their policy. Commissioner Romero did not like the way condition 11 is stated.Mr. Carnes clarified conditions 11 and 12. The conditions were incorporated from the Dave & Buster' s conditional use permit. Dave & Buster's is oriented towards adult activities, other than the restaurant. The intent of the conditions is that there would not be children in the facility without adult supervision. After 10:00 p.m., there would not be children in the facility under 18 years of age. He also summarized the intent of Saga Gameworks' proposed condition to replace conditions 11 and 12. This proposed business is oriented towards families.Ms. Miller apologized for the confusion and requested to add the words, " Unless accompanied by a responsible adult- to the end of condition 12. And, leave the conditions as is. Sega Gameworks understood the conditions to read that up until 8:00 p.m., anybody could come into the facility. She now Planning Commission Minutes October 19, 1998 hears Commissioner Pruett saying children on a Saturday morning could not come into the facility unless they are accompanied by a responsible adult and that would kill their business. Commissioner Pruett's concern is alcohol and un-supervised kids. He proposedtba1 the alcohol consumption be limited to the bar/restaurant until 8:00 p.m. Ms. Miller explained how their company manages this issue at their other facilities. They have met with the Police Department and they have no concerns. She requested the Commission reconsider the conditions that would work for everyone, and allow Sega Gameworks to have un-supervised minors in the facility and liquor as well.It was noted the project is categorically exempt from CEOA review.MOTION Moved by Commissioner Carlton, seconded by Commissioner Romero, to approve Conditional Use Permit 2253-98 with conditions 1 through 14 listed in the staff report, modifying condition 7 by deleting the word "entertainment" in the first sentence; modifying condition 11 - "Persons under 18 years of age may be allowed in the facility until 8:00 p.m. without being accompanied by a responsible adult." And,modify condition 12 - "After the hour of 8:00 p.m., persons under 18 shall be accompanied by a responsible adult." The Commission finds the CUP is 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 create 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 it is located. And, is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Carlton, Romero, Smith Commissioner Pruett Commissioner Bosch MOTION CARRIED Commissioner Pruett could not support the motion because he had a problem in allowing the free use of alcohol with un-supervised children. And, parents may not recognize that alcohol is being served throughout the establishment.7. CONDITIONAL USE PERMIT 2254-98 - AMERICA ON TRACK A proposal to allow the operation of an indoor karting entertainment center and cafeteria, within an existing 45,250 square foot industrial building. The site is located at 1431 North Main Street.NOTE:Mitigated Negative Declaration 15n-98 was prepared to evaluate the environmental impacts of this project.John Godlewski, Senior Planner, reported this application is for an entertainment facility in the industrial zone. This is a rather unique application for an indoor track for kart racing. Entertainment uses are permitted in the industrial zone with a conditional use permit. Also unique to this application is the location. It is just north of the CR zone on Katella. It's also across the street from a badminton club and restaurant that is located in the industrial zone.The application was reviewed by the Staff Review Committee who had specific concerns for air quality,mostly inside the structure with gasoline engines operating in an enclosed area, and air quality that may be pumped from the building into the exterior environment. Both of these issues were adequately addressed in the staff report. There will be air handling equipment to have enough air exchanges in the building to make it safe. AQMD was contacted and they indicated the actual emissions were far less than what were previously produced by the industrial uses on the building. Also, there was a concern with the gasoline powered vehicles. The gasoline refueling operation was a particular concern to the Fire Department. They worked out a system to where that can be done safely outside the confines of the building, and in quantities that are safe according to the Rre Department. The third major concern Planning Commission Meeting October 19, 1998 noise. The interior environment, with gasoline engines operating. were believed to certainly have the potential of creating noise in the structure itself, as well as outside of the structure. A noise study has been submitted by the applicant and addresses those concerns as being insignificant in.the exterior of the building. The significance of the interior building is such it could cause a noise problem, if the noise predicted is actually attained. To mitigate that concem, ear plugs and ear protection will be provided by the applicant. It is conditioned that these items be provided to the tenants of the building. Mr. Godlewski contacted the planners in Fife, Washington, because they have approved a similar facility operating by conditional use permit. They said the facility is operating with no problems; that the noise experienced inside the building is actually far less than they anticipated it would be, and well within the thresholds recommended in the noise study. The public hearing was opened. Aoolicant. Larry Putnam. 6162 LaQuna Court. LonQ Beach. said this is a proven concept in Europe and it is an exciting, successful sport. This sport is just beginning here in America. The size of the karts are 3 1/2 feet x 41/2 feet long and get up to speeds of 25 to 30 m.p.h. The track will be slick because of the industrial flooring. The target users are generally males, between the ages of 18 and 44; however, ladies are more than welcome to participate. Commissioner Smith asked what their plans were for first aid and CPR training for their e'!'ployees. Mr. Putnam responded their employees will be required to be trained in CPR and first aid; plus fire safety training. He would not object to a condition requiring this type of training. Public Comments: Mike Learakos. 1325 West Katella Avenue, was not opposed to the project, but wanted to ask basic questions. He was interested in the aesthetics, prices and operating procedures. He has an established business with an older clientele and it is his obligation to make sure there won't be excessive noise and problems. Applicant's Response: Mr. Putnam said their prices will be similar to Fife, and they hope to attract a majority of their business from corporate clients. They want to make the aesthetics of the building very professional, clean and eye- catching. He wants to operate a family business and encourages fathers and sons to race. Commissioner Smith proposed a condition that says, "Prior to occupancy pennits, all track staff shall be trained in fire safety by a training program approved by the City of Orange Fire Department, and that new employees be trained in fire safety within six (6) months of hire as a condition of employment. At the time the facility opens, all managers shall be trained in CPR and first aid. And, within six (6) months of hire, all track staff shall be trained in both CPR and first aid as a condition of employment." Mr. Putnam agreed to this added condition. The public hearing was closed. 7 Planning Commission Minutes October 19. 1998 MOTION Moved by Commissioner Smith, seconded by Commissioner Pruett, to approve Mitigated Negative Declaration 1577-98 and finds that the project will not have a significant adverse impact on the environment or wildlife resources. AYES: NOES: ABSENT:Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED MOTION Moved by Commissioner Smith, seconded by Commissioner Pruett, to approve Conditional Use Permit 2254-98, with conditions 1-10 listed in the staff report, adding condition 11 - "Prior to opening, all track staff shall be trained in fire safety by a training program approved by the City of Orange Fire Marshal. New employees shall be trained in fire safety within six (6) months of hire as a condition of employment." And add condition 12 - "At the time of the opening of the facility, all managers shall be trained in CPR and first aid. Within six (6) months of hire, all track staff shall be trained in both CPR and first aid as a condition of employment." The Commission finds that the conditional use permit is 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 create special problems for the area in which it is located. It has been considered in relationship to its effect on the community or neighborhood plan in which it is located. And. it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT:Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Romero, to adjourn at 9:15 p. m. AYES: NOES: ABSENT:Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED Isld