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HomeMy WebLinkAbout12-06-1999 PC MinutesCa$/e./ MINUTES Planning Commission City 01 Orange December 6, 1999 Monday - 7:00 p.m.PHESENT: Commissioners Bosch, Carlton, Pruett, Romero, Smith ABSENT: None STAFF PFIESENT: Vern Jones, Planning ManagerlSecretary,JohnGodlewski, PrinCipal Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary IN RE: CONSENT CALENDAR 1. Approval 01 the Minutes Irom the Meeting of November 15, 1999 Moved by Commissioner Pruett and seconded by Commissioner Romero to approve the Minutes of November15,1999.AYES: NOES: ABSTAINED: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 2. NEGATIVE DECLARATION 1618-99- MARK BRUTO A request to construct a 612 sq. ft. workshop addition to the rear of an existing 1919 Bungalow. TheprojectislocatedwifhintheOldTowneOrangeHistoricDistrictandisaddressed444SouthCenterStreet. MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to approve Negative Declaration1618- 99. AYES: NOES:IN RE:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED CONTINUED HEARING 3. TENTATIVE TRACT MAP 14360 - SERRANO HEIGHTS (PHASE II) A request to subdivide approximately 204 acres of property in the Peralta Hills, north of Santiago CreekandSantiagoOaksRegionalPark, south of Anaheim Hills, under authority 01 the Serrano Heights SpecificPlanandDevelopmentAgreement. The tentative map includes 425 parcels that would be developedwithsingle-Iamily residential buildings and 2 large parcels planned lor multiple lamily residential. (ThisitemwascontinuedIromtheOctober18, and November 1, 1999 hearings.)NOTE:Environmental Impact Report 954 and Supplemental EIR 1305 were previously preparedlorthisprojectandcertitiedbytheCityofOrange. The environmental analysis wasamendedFebruary19, 1997.Chairman Bosch excused himself from the meeting due to a potential conflict 01 interest. Vice-Chair Smith chaired Planning Commission Minutes December 6, 1999 Jim Donovan, Senior Planner, summarized stall's inlorrnation that the Commission had requested. Staff was instructed to study whether a secondary access could be provided to this tract, and the recommendation was to look at the western edge 01 the proposed development area. And, also address whether the City's emergency services departments (Police and Fire) can maintain the ability to respond to the planned development in the event the access road could not be developed, or il the ability to respond to such disasters would be enhanced by an access road. Stall provided a diagram that was drawn by the Public Works Department that indicates there is only one location where another road would be leasible. That would cut right down through and as an extension of the street along the southwest edge 01 the tract, through Lot 426 to connect at a point approximately 700 leet over from Street A. The circumstances with the terrain being what it is up there, it is too great 01 a vertical dillerence between the western end 01 the development and Serrano Avenue, which declines an elevation as it moves to the west. The Police and Fire Departments have let stall know that they don't leel that a secondary access would be helplul because the roadway would be so close to the planned roadway. There was another question raised about whether the City could require a small park site to serve the residents. A written response Irom Assistant City Attorney Ted Reynolds was provided to the Commission that points out a review of what the Development Agreement and Specific Plan say. The City would be hard pressed to make any significant changes to the requirements at this point in lime. A park is planned for the first phase 01 development and those plans are currently being reviewed by Community Services stall. A park in the second phase 01 development is not negotiable. The City 01 Anaheim has also provided a 2-page letter. Their only remaining concern is to clarify what fuel modification requirements would be lor the tract. They are stressing, and everyone is in agreement, that the fuel modification will not automatically be accepted by the City 01 Anaheim. They would like to review what the proposal is at the time the developer is ready to show more inlormation. City stall and the developer concur will the condition that was recommended by the City of Anaheim. Therelore, stall asked if condition 5 could be modified, according to the wording that was provided by the City of Anaheim.Stall received a 3-page memo lrom Shirley Grindle concerning several points in the conditions of approval. Stall agrees that some 01 the conditions are rather vague in addressing at what sequence fhe requirements would be satislied. One condition of approval (condition 17) addresses a sanitary sewer system study, and stall is in agreement that if this is linked to the requirement for a building permit anywhere in the project area, that would enhance the relative importance 01 that condition.There was a request to delete condition 18 because it was viewed to be redundant with condition 17;however, stall leels the condition should remain intact. "the system sanitation design needs changes,they would have an agreement executed prior to the issuance of a building permit. Condition 17 has a 2.stage requirement. One, is that the study will be conducted before any permits are issued for any residence. "the study finds that upgrades are essential, those upgrades would need to be completed at the point the study determines it is necessary.Commissioner Carlton relerred to condition 25 and asked about the slope ratios. Mr. Donovan explained there a lew locations where the road crosses through the Edison Company's transmissions corridor.Although the property would not be developed, there is extensive grading proposed there. The slope ratios are shown on the map as 1.5:1. All other slopes in the tract are 2:1.Mr. Hohnbaum stated that all slopes that are 1.5:1 or greater are being reinforced with a reinlorcing labric as part 01 the design. The cut slopes have conditions that must be met as part 01 the grading plan.Vice-Chair Smith noted that condition 50 could be deleted, which referred to a sprinkler system lor the buildings. There was also a comment abouf the water reservoir being painted green. Mr. Donovan sfated the water reservoir is not a part of this project. It was approved with the prior map. The comment was raised by the City 01 Anaheim. The City's Water Division will be constructing the water tank, and that is one of Planning Commission Minutes December 6, 1999 Mr. Donovan addressed condition 51, relative to lire sprinklers. It was pointed out that the condition couldbedeletedilcondition50wasdeleted. Commissioner Carlton asked about condition 55. As worded, there is conllict between the twosentences. Mr. Jones explained the Fire Department's standard requirement lor dead end access roads.Stall thought the second sentence could be deleted. The Commission had enough inlormation and public testimony to move 10I'Ward with a decision without re-opening the public hearing. Commissioner Carlton is disappointed that a park is not proposed wnh the Phase II development. She metwilhtheapplicanttogatheradditionalinformation. She understands the applicant has entitlements, andthereisnootherchoicebuttomove10I'Ward with the proposed development. She did not like the projectbecausethelotsareverysmall, the grading is very steep, there is no park; however, they are entitled fodeveloptheproject. She hopes in the future, the City does not get involved with any projects 01 this type. Commissioner Romero had similar leelings. The vehicle access is not up to par, but he understandschangescannotbemade. City stall has competently responded to the concerns and comments made byMs. Grindle. Vice-Chair Smith is satisfied with stall's response to the questions that were asked by the Commission.Commissioner Pruett was Irustrated with this process, and the amount 01 detail that was approved intheSpecificPlan. The Commission and public did not have the opportunity to comment on it as part 01thetentativetractmap. This creates many problems in that most 01 the decisions were already made.It is noted that Environmental Impact Report 954 and Supplemental EIR 1305 were previouslypreparedlorthis project. MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to approve Tentative TractMap14360, including its design and provisions related to the required improvements. And find that thetractmapisconsistentwiththeGeneralPlan01theSerranoHeightsSpecificPlan. The design andrelatedimprovementsareconsistentwiththeGeneralPlan01theSerranoHeightsSpecificPlan, the siteissuitablelorthistype01developmentand, the proposed density 01 the development. The design 01thesubdivisionandproposedimprovementsarenotlikelytocausesubstantialenvironmentaldamageswiththeconditionsthatwillbeimposedontheproject. The design 01 the subdivision lor the type01improvementswillnotcausepublichealthproblemsrelatedtotheconditionsthattheprojectwillbesubjectto. It will not conflict with easements required by the public at large lor access throughthepropertywithintheproposedsubdivision. Conditions of approval include 1 through 76, withconditions50and51beingdeleted. The second sentence of condition 55 is deleted. Condition 5 is revisedasproposedbytheCityofAnaheim, in their letter 01 December 6, 1999. Conditions 17 and 18 arerevisedasproposedbyCitystall, in the stall report 01 December 6, 1999. AYES: NOES: ABSENT:Commissioners Carlton, Pruett, Romero, Smith None Commissioner Bosch MOTION CARRIED Vicl3-Chair Smith stated that although the project is not perfect, it is a dillicult project to puttogether. The project is not being built to it's lull capacity with all of the units that could be included. Phase IIdoesnothaveasgreatadensityasoriginallyproposed, which was permitted by the Specific Plan andthe General Plal1.Chairman Bosch returned to the Planning Commission Minutes December 6, 1999 IN RE:NEW HEARINGS 4. CONDITIONAL USE PERMIT 2305-99 - SAM DESAI A request to demolish several buildings and construct a mini-market with gas pumps, an automatic car wash, and two lube-n-tune service bays. The proposal includes the sale of beer and wine for the purpose 01 oil-site consumption. The site is located at the southeast corner of Main Street and Almond Avenue.NOTE:This project is categorically exempt lrom the provisions 01 the Calilornia Environmental Quality Act.Chris Carnes, Associate Planner, presented the full stall report as there was opposition to this project.The applicant is proposing to redevelop the southeast corner of Almond and Main and build a mini mart,two lube-n-tune service bays, an automatic car wash and a canopy lor covering 4 gas pumps. Presently the site is vacant. The property directly east 01 the site is zoned R- 3. The applicant is proposing to sell beer and wine. This is the first ABC request belore the Commission to make a finding of public convenience or necessity. Orange has one 01 the highest concentrations 01 ABC licenses in the State. It is a requirement to take into consideration sensitive land uses such as schools. There is not a prohibition to the sale 01 alcoholic beverages within 600 leet 01 a school, but the location where alcohol is being sold and its impacts upon the school must be reviewed.The Sfall Review Committee reviewed this application and lound that it generally conlorms to all of the development standards within the zoning ordinance lor commercial developments. The proposal includes dedication 01 approximately 20 feet 01 property along Main Street lor luture street widening, and the site plan takes that into account.The Design Review Committee reviewed this proposal and found it to be compatible with other developments on South Main Street and within the Southwest Design Guidelines.This is a recommendation to the City Council because of the ABC request in conjunction with the sale 01 motor luels. Stall is recommending 17 conditions 01 approval. The first 17 conditions do not include anything related to the ABC sales. "the Commission were to approve the CUP lor alcoholic beverage sales, conditions 18 through 22 would apply. The Police Department has recommended denial of this application because in this census tract there is an over- concentration 01 ABC licenses, and the crime is 20% higher than County-wide.Commissioner Smith wanted to know if the Economic Development Department had reviewed this application, or made any recommendations. Mr. Carnes replied they had reviewed the proposal, but did not make any specific recommendation on the use.The public hearing was opened.Irv Pickler. 1818 East Oranaethoroe. Fullerton, represented the applicant. The property has been silting vacant for about 7 years. After the 20 foot dedication 01 the property on Main Street and the 10 loot dedication of the landscaping, the size 01 the property is approximately 100 leet deep and 360 leet wide.This makes it a very difficult lot lor many reasons. The sfafion will be a benefit to the area. With the inclusion 01 beer and wine, it will help keep the owner in business. Mr. Desai is willing to work with the City and the Police Department, and he will adhere to the conditions 01 approval. He will provide security and employee training, and will eliminate the blight and crime in the area.Jell Chess, 200 North Victorv Boulevard, Burbank, is the design consultant lor Mr. Desai. He thanked City stall lor working with them over the last five monfhs. Site improvements will include a new gasoline service station, demolition 01 all the existing buildings on the site, a canopy with six lueling dispensers, a convenience store, the automated car wash, a lube- Planning Commission Minutes December 6, 1999 block wall along the easterly property line. There will be a vacuum proposed along with an airtwater unit.The Design Review Committee wants to review the project lor some minor details with the design. Thereisalack01servicestationsinthearea, and the lacility will oller many amenities lor patrons to make only onestop. The size 01 the lot is appropriate lor the proposed uses. The site is bordered on three sides bycommercialuses. And there is a 6 loot block wall and landscaping proposed lor the area adjacent to theresidentialneighborhood. Trallic in the area will be nominal. They tried to incorporate the use of the alleyintotheircirculationplan, but that was discouraged by stall. Providing good security at the site is veryimportant. They have met with the Police Department and are willing to adhere to the conditions 01 approval. He is aware that the Police Department has recommended denial lor the beer and wine use. Mr.Chess questioned conditions 7, 10 and 13. Chairman Bosch had a key concern about the access and circulation relative to the car wash and the lube- n-tune use. The plan proposes only a one-way access drive connecting the Almond Avenue side01thatportion01thesitedevelopmentwiththemainpart01thesite. Without any parking at all betweenthecarwashandthelubebaysandAlmondAvenue. It also appears that patrons 01 the car wash whodesiretoreturnontothesite, the turn radius appears to be too tight to make a turn. On the lube bays, he asked il cars were going to be pulled back out 01 the bays and park in the lew spaces when completed, or where are they to be stored after they are done.Mr. Chess explained customers will drop off their cars outside 01 the bay lacing north, on thesouthside.An attendant will pick up the car and drive it into the bay. The customer can then wait in the waiting area.Ttlere is room lor customers to maneuver to get back onto the site lrom the lube bay area. The attendant can also pull cars Irom the lube bay and park them in one 01 the parking spaces adjacent to the convenience store. Patrons do not get out 01 their cars lor the exterior car wash. They are expected to drive oil site. However, he agrees that movement is critical if the patron wishes to come back onto the site.Ctlairman Bosch asked il they intended to have any type 01 traffic control devices on theone-way drive that allows patrons to return to the site so that customers 01 the market or gas stationcan~ exit through thore onto Almond Avenue.Mr. Chess stated they did not propose anything, buf did not object to having left turn onlysignsorrightturnonlysigns, whichever is desired. They don't see Almond Avenue as a major point 01 ingress or egress. Main Street is going to be the critical ingresslegress to the site. They think the driveway on Almond is necessary and they don~ want to lose it.Chairman Bosch spoke to the issue 01 the landscaped area that is screened by the blockwallalongthealloy. This creates a loitering potential between the lube bay and the block wall alongtheeastpropertyIino. He asked il there was a proposal to do something to avoid that Irom being an attractive nuisance.Mr. Chess said they have considered landscaped alternatives such as Bougainvillea tobeplanted along that area.Commissioner Romero asked about incentives lor car washes if so many gallons01gasolinewerepurchased. Mr. Chess did not know. Commissioner Romero thought it would be better lorastraightdrivethrlJfromthepumpsovertothecarwash, and then exit out to the street. He had aconcernwithemployeeparkingandpeoplestoppingtovacuum out their car.Mr. Chess stated the vacuum would be added as a convenience to the consumer, and they will be able to use> the air/water lacility on an as needed basis. The vacuum will be placed on the northside01theconveniencestoreatthemost easterly Planning Commission Minutes December 6, 1999 5 oeoole sooke in oooosition: Sylvia Craig, 242 South Bush. Harry Bisla, 290 South Main Street. Michael Saylor, 290 South Main Street. Gale Collman, 221 Harbor Boulevard, Fullerton. He represented the owner 01 the Orange Car Wash. Resident, 1317 Palmyra Place. They lelt the site is inappropriate lor the proposed lacilities. There is a lack 01 police patrol, and they leel that crime will rise. There is a licensed day care home in the neighborhood, as well as the school. The children's salety is an issue. The 7-11 store provides the same kind 01 service lor the immediate area, as well as other similar businesses in a one-block area. Also within a hall mile radius there are other numerous stores that provide the same kind ot service as proposed. This new proposal may over- saturate the area.There are circulation problems with the site. The lot is too narrow lor the proposed use; it needs to be developed with something else. Aoolicant's Resoonse:Mr. Chess understands the community's concerns. Currently, the site has broken down buildings and there is no lighting. This new business will provide a 24-hour attendant. The property value 01 this particular site will go up. It's not lair to assume that property values will decrease. All equipment at the site is approved. They will not be putting in video games. Mr. Desai agrees nottosellalcoholicbeveragesduringthetimechildrenaregoingtoandfromschool. There is concern lor the well being 01 the children.But there are also security measures that can be put into place to discourage the children's loitering and making unnecessary trips to the site. They will be installing a state 01 the art security system. They also understand the close proximity 01 the school is an issue. There is plenty 01 business for everyone in the area. It is not their intent to hurt the other businesses. This is Iriendly competition and it is necessary lor the area to thrive. The site is too narrow, but the applicant and stall worked together on the site plan, and thel applicant is satisfied that the site will work lor his proposed project. Mr. Desai is purchasing the property. It only makes sense to build the project with all 01 the requested uses. II the beer and wine sales arE! not approved, they will need to re-evaluate the economics to make sure the project is sfill viable. The public hearing was closed.Commissioner Smith knows this is a problematic site because of the narrow lot. She has the pleasure of serving on the Southwest Redevelopment Committee and has been working with the Economic Development Committee. She's not sure this proposed use is what she would like to see on this site,granted the geography limits what can be built there. This area is zoned commercial lor high commercial use. She believed this particular use is an under-utilization of the property. She congratulated staff lor sticking to the landscape parameters. She is concerned that there is no support Irom the Economic Development Department. She is not in lavor 01 the alcohol permit, given the lact that there are several other licenses in the area, and the proximity 01 the school.Chairman Bosch shared Commissioner Smith's concerns. He also served on the Southwest Redevelopment Committee many years ago. Main Street is one 01 the major arterial streets in the City of Orange. It serves the major commercial complex and one 01 themajormedicalcentersinOrangeCounty.The residential community has been greatly impacted by all of the other growth that has occurred in the immediate vicinity. He applauded staff lor supporting the existingordinancesandstandardstobeappliedtothissite. It is the applicant's particular use fhat is causing many 01 the site design challenges. He is also concerned with the immediate proximity 01 the school and the heavy traffic across Main Street 01 school children and their lamilies. He discouraged the idea 01 needing to have security to discourage children Irom loitering on the site. He's concerned about an automotive service station within 200 leet of the residences that operates 24 hours. There will be light and noise pollution. A 6 loot high block wall does not block out noise. The other concern is with a 360 loot long site, and a 120 leet 01 driveway is called for on a major arterial street. This is a negative impact in terms of traffic; itwillbehardshiponthecommunity.Trallic Irom the car wash should not be dumped into a residential neighborhood. He Planning Commission Minutes December 6, 1999 end 01 the site walled off entirely. He's looking lor a higher and better use at this location. He is in opposition to this CUP request. Commissioner Pruett thought there were many children who will be crossing that driveway, as well as heavy traffic in the area. He shares the concerns about the north driveway. He also does not support the sale 01 beer and wine, especially since another application was denied. With the lighting 01 the lacility 24 houns a day, steps would have to be taken to make sure there was no intrusion onto the adjoining property owners. It was noted the project is categorically exempt Irom CEQA review. MOTION Moved by Commissioner Bosch and seconded by Commissioner Pruett to recommend to the City Council to deny Conditional Use Permit 2305-99, noting the findings to support that recommendation: Whereas the conditional use permit shall be granted upon sound principles of land use and in response to services required by the community. Although the Planning Commission is lully in support 01 competitionamongstallofthebusinessestoprovidegreatereconomic, product and service choices to our residents, that the installation 01 a proposed combined gasoline station, car wash, and vehicle maintenance and convenience store on the site would be detrimental to the intent 01 the C-3 zone, protection 01 the residential zone, and the enhancement of the commercial property values along South Main Street in the Southwest Redevelopment area. Since the conditional use permit shall not be granted if it will cause deterioration 01 bordering land uses or create special problems lor the area in which the site is located, the Planning Commission finds that the sale 01 alcoholic beverages would, as concurred with the Police Dopartment in an over-impacted crime area, and in extremely close proximity to a school andonamajorroute01accessibilityofelementaryschoolchildren, as well as with regard to traffic access to a major arterial hi!lhway and the disruption 01 the increased economic worth and job creation on South Main Street,cause deterioration 01 bordering land uses and creates special problems in addition to the impacts on the residential area to the east, including the licensed day care center. Whereas, the conditional use permit mlJst be considered in relationship to its effect on the community and neighborhood plans lor the area in which the site is located, the comments and findings on the previous two findings cover that relatively well.But, re-emphasize the intent of the Southwest Redevelopment Area relative to not just eliminating deteriorated uses, but replacing them with uses that will not cause deterioration and will enhance all property values that this plan does not sufficiently support. The permit, if granted, is to be made subject to conditions necessary to preserve the general welfare and not the individual welfare 01 the applicant. And in that sole regard, it is lound that the recommended condifions in the staff report, were the City Council to support the Conditional Use Permit, rather than uphold the Planning Commission's recommendation, are appropriately written. It is also lound that since the Planning Commission isnowgiventheresponsibility101' identifying whether or not there is a linding 01 public convenience and a necessity lor the sale of alcoholic beverages, that they lind lor the reasons given in response to the necessary findings for a conditional use permit that they do not find positively, but rather negatively, with regard to public convenience and necessity lor alcoholic beverage sales on this property.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Commissioner Smith said this new business creating competition lor other businesses in the area had nothing to do with her decision. Competition is good lor business. This did not influence her decision at all.Mr. Jones explained the Planning Commission's action is a recommendation to the City Council.The Chair recessed the meeting at 8:55 p.m.The meeting reconvened at 9: Planning Commission Minutes December 6, 1999 5. CONDITIONAL USE PERMIT 2308-99 - ORANGE FIRST ASSEMBLY OF GOD CHURCH A request to allow the conversion 01 a building Irom a health club to a church lacility and to allow the sharing 01 required parking with adjacent properties. The site is located at 2910 North Santiago Boulevard. NOTE:This project is categorically exempt lrom the provisions 01 the Calilornia Environmental Quality Act. There was no opposition; therelore, the lull presentation 01 a staff report was waived. The public hearing was opened. Ed Rutherford. 1224 East Katella #212, is the pastor 01 Orange First Assembly. Formerly, they owned the property at 491 North Hewes, between Chapman and Katella. They sold that property and need a place to meet. They have a long term plan to build in the City 01 Orange, out in the East Orange Hills area. They are in the process 01 buying this new property. They realize there is a parking problem and they have been talking to the owners 01 the adjacent properties about shared parking. They do not plan to change the exterior 01 the building, but want to revamp the interior lor 011 ice space and classrooms. Church employeeslstall will be using the six parking spaces to the north of the building. The church does not intend to sublet any portion 01 the building. The Commission had concerns about security lighting, especially in the parking lot. Shared parking was also discussed. The public hearing was closed. The Commission favored the proposed use lor the site. It was noted the project is categorically exempt lrom CEQA review. MOTION Moved by Commissioner Pruett and seconded by Commissioner Carlton to approve Conditional Use Permit 2308-99 with conditions 1 through 20, as outlined in the stall report. The Commission finds that the conditional use permit is granted upon sound principles 01 land use and in response to services required by the community. It does not cause deterioration of bordering land uses, or create special problems. It has been considered in relationship to the community and neighborhood in which the site is located. And, it will preserve the general welfare, not the individual welfare 01 any particular applicant. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Smith and seconded by Commissioner Romero to adjourn at 9:15 p. m. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Isld