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HomeMy WebLinkAbout12-19-1990 PC MinutesPLANNING COMMISSION MINUTES City of Orange December 19, 1990 Orange, California Wednesday - 7:00 p.m. PRESENT: Commissioners Bosch, Cathcart, Master, Murphy, Scott ABSENT: None STAFF PRESENT: John Godlewski, Administrator of Current Planning; Jack McGee, Director of Community Development; Bob Herrick, Assistant City Attorney; Gary Johnson, City Engineer. PLEDGE OF ALLEGIANCE IN RE: MINUTES OF DECEMBER 3, 1990 Moved by Commissioner Bosch, seconded by Commissioner Murphy, that the Minutes of December 3, 1990 be approved as recorded. AYES: Commissioners Bosch, Cathcart, Master, Murphy, Scott NOES: None MOTION CARRIED IN RE: NEW HEARING CONDITIONAL USE PERMIT 1883-90 - MAX & PENNY HALL: A proposal to allow commercial building o Street. NOTE: This project provisions of Act (CEQA) per the n prop is the State placement of a sma 11 detached erty located at 1650 North Tustin categorically exempt from the California Environmental Quality CEQA Guidelines, Section 15303. Chuck Lau, Assistant Planner, presented the staff report. The site is located at 1650 North Tustin Street, at the existing Standard Brands Paint store. It is a proposal to allow the placement of a small detached commercial building in the parking lot of Standard Brands. It's a video cassette vending machine in which rental transactions are operated with credit cards; it's like bank ATM machines. The video machine will be located along the first row of the parking spaces that front Tustin Street. It will occupy two of the existing parking stalls. Currently, there is a total of 99 parking spaces for the existing site. The current parking ordinance requires only 78 parking spaces for that use. With the loss of two stalls, there are still 97 spaces available -- 21 spaces in excess of what the code would require for this type of use. The existing site circulation will not be disrupted in any way because there are no changes to the existing site plan layout. The video Planning Commission Minutes December 19, 1990 - Page 2 is located out of the front setback area and it is away from the two existing drive approaches so that vehicle site distances would not be impaired. The video machine is also located away from the existing business. The project is located in the Tustin Street Redevelopment District and the Agency has reviewed the plans and has expressed no concerns. They are not participating in the financing of this project. This proposed use is consistent with the commercial designation of the General Plan and the entire site development as it is now, is consistent with the applicable zoning requirements in terms of setbacks, parking, landscaping, and division walls. There will be no adult type videos stocked in the machines. The public hearing was opened. Applicant Rudy Figueroa, Video Kiosk Corporation, 2002 Locust Court, Ontario, represented the applicants who will be the franchisers on this project. He submitted some photos of a conceptual drawing and photos of an actual unit for the Commission's review. He read the staff report and reviewed the conditions of approval with the applicants. They are in agreement with them and asked for approval. Commissioner Murphy asked if there were other sites and where they were located? Mr. Figueroa responded there was a similar site in Valencia, the unincorporated area of Los Angeles County. There was one in E1 Cajon, one in Florida -- there are six in operation. They are a new business (about three years old). Forty-six franchisees have signed up throughout eleven different regions or states. They have obtained approval in the City of La Mesa, but it is not under construction yet. Commissioner Cathcart questioned the coloring of the plastic shelter as shown in the photo. Mr. Figueroa said the unit will have the dark glass solarium because the monitors cannot be read otherwise. Commissioner Bosch said the site plan showed the basic footprint of the kiosk and it appears the actual overall elevation on the ground is about 18 feet x 16 feet. It seemed to him the two parking spaces is crowding it; three parking spaces would be better. He was worried about danger to vehicles, pedestrians and about the squeezing into a small space. Mr. Figueroa said they have not done a "B" unit yet; only the larger units, which utilizes three spaces. They built Planning Commission Minutes December 19, 1990 - Page 3 protective posts around those. Another option is to build the units in a landscaped area where it is protected on either side. With their larger units, they have not had any complaints or difficulties. Using more parking spaces at this location would not be a problem because there is ample room. They would be receptive to the additional parking space if the Commission makes that a condition. Commissioner Bosch thought the a~ safety point of view and also to would add to a stark condition that concerned that the display on the towards the street, is one that has stand. ditional space from a provide some landscaping exists now. He was also east elevation, which is the appearance of a news Mr. Figueroa shares Commissioner Bosch's concern and does not feel landscaping would be a problem in order to provide additional screening (as long as it doesn't grow too tall). Commissioner Bosch concurred. He would like to see landscape screening, and have the owner consider providing an additional parking space, and to also remove the visual display from the east elevation to eliminate the visual clutter that might result. He personally felt it would make it a more attractive project and one that meets the community safety needs. Would the owner be willing to stipulate to an additional condition that would utilize an additional parking space, center the kiosk within three, and provide additional landscape screening, as well as to hold the solarium back on the west side from the far end of the overhang two feet; and then also to remove the tape display from the street elevation? Mr. Figueroa stated Standard Brands Paint store is the owner of the property and he will call them to obtain their concurrence. The liability issue and risk was discussed. Commissioner Scott asked how many tapes would be available at this location? Mr. Figueroa said each side of the larger units handle up to 650 tapes. Max Hall, 6002 Yorktown Circle, said there was an ATM type machine on each side of the building. It's built in such a way that excess space or other buildings are not needed. There will be 1,300 movies available at any one time. Planning Commission Minutes December 19, 1990 - Page 4 Commissioner Scott said one of the items staff brought up was that of no adult films available. It becomes a little bit clouded as far as what is considered an adult film with the new rating. Orange is a very conservative town. Mr. Figueroa said he had excerpts from his franchise agreement that addresses that issue. Within the franchise agreement, it states that the franchises at all times have to offer only those products and services that are part of the system of Videomatic Corporation, excluding x-rated adult films. If the franchiser fails to abide by that, they have the right to terminate the franchise. Mr. Max explained how the machine works. There are no x-rated cassettes displayed. You cannot take a cassette out of the machine unless you first originally have a major credit card. In order to have a credit card, you must be of a certain age. That eliminates kids from using the machine. Commissioner Scott asked if they would accept a condition, if the project were approved, that no NC-17 designation be allowed? Mr. Max responded that would not be a problem. He would like the specifics of the new rating because it is his understanding there are no x-rated movies allowed. Mr. Herrick said the best way to phrase the condition would be to refer to the NC-17 and the adult film together. Adult films are defined in the Municipal Code for other purposes and it can be piggy-backed on those provisions. Those speaking in opposition Jerry Funk, 1551 East Concord. Charles Engee, 1552 East Concord. Joan Engee, 1552 East Concord. They expressed concerns about the lights in the parking lot. The parking lot is already a racing track at night. This will be a 24-hour use and it will encourage that activity. The City cannot control the different elements that exist now. There is no guarantee. The NC-17 designation only means x-rated movies. Rebu ttal Mr. Hall has checked the area out over the last two or three months. It is dark in that parking lot at night, but he hasn't seen any disturbances. This will be a secured building and it is automatically connected to the police department. This type of kiosk does not create a crowd any Planning Commission Minutes December 19, 1990 - Page 5 more than a fotomat. There is some lighting at night; it's quite a distance away from the back wall. If there are any problems with lighting, the top lighting can be cut off so that it won't affect anyone over the wall. There has to be a certain amount of lighting for safety reasons. He wants to be a good neighbor and will accept all responsibility for his project. The Commission discussed the lighting situation with Mr. Hall. Condition 3 in the staff report specifies the lighting requirements as required by the Police Department. A comment should be made to the Crime Prevention Bureau regarding the modification of the typical light minimums to be restricted to just the area around and adjacent to the kiosk. The public hearing was closed. Commissioner Bosch wanted the Commission to consider additional conditions by requiring that no adult films, as defined in the Orange Municipal Code and no NC-17 rated x-rated or non-rated) films or any future rating more adult in nature than R, be allowed to be vended from this location; that the site plan be amended to include the deletion of one additional parking space to allow central placement of the proposed facility in the resulted three parking space site in a north-south direction, with landscaped buffers between the structure and the adjacent parking spaces for safety and appearance reasons; and that the proposed structure also be located adjacent to the east edge of the existing parking space in order to provide a four foot walking aisle between the west side of the structure and the drive aisle for safety reasons; and to modify Condition 3 to add that the Police Department have brought to their attention with regard to the interpretation of the building security standards to limit the application of the parking lot lighting requirements to the drive aisles immediately adjacent to the structure, requiring the owner to recircuit the parking lot lighting if necessary to accommodate that if, in the opinion of the Police Department, the adjacent street light is insufficient to fulfill the purpose of the security ordinance. The last condition would be to require that there be no visual display of merchandise on the street side of the facility east side) . Commissioner Cathcart asked what the policing problems were at the existing 24-hour ATM's for banks? Mr. Godlewski responded Planning did not have any information, but it could be obtained. This project has been before the Environmental Review Board and the police have reviewed this application for site plan consistency. That problem was not brought up as an issue. Planning Commission Minutes December 19, 1990 - Page 6 Moved by Commissioner Scott, seconded by Commissioner Master, to approve Conditional Use Permit 1883-90 subject to conditions 1-10 as brought out by Commissioner Bosch and with a modification to condition 3. AYES: Commissioners Cathcart, Murphy, Scott NOES: Commissioners Bosch, Master MOTION CARRIED Mr. Godlewski stated the action taken by the Planning Commission is considered final unless appealed. There is a 15 day appeal period. IN RE: OTHER ITEMS Chairman Master requested nominations of Chairman and Vice-Chairman be made at this time as he will be out of the country most of January. Moved by Commissioner Cathcart, seconded by Commissioner Murphy, to nominate Randy Bosch as Chairman. AYES: Commissioners Bosch, Cathcart, Master, Murphy, Scott NOES: None MOTION CARRIED Moved by Commissioner Cathcart, seconded by Commissioner Murphy, to nominate Don Scott as Vice-Chairman. AYES: Commissioners Bosch, Cathcart, Master, Murphy, Scott NOES: None MOTION CARRIED Commissioner Bosch recognized and thanked the fine work of Commissioner Master and Vice-Chairman Scott for the recent term. Commissioner Murphy scheduled a meeting for the landscape guidelines study session January 28, 1991 at 5:30 p.m. in the Weimer Room. IN RE: ADJOURNMENT The Commission adjourned to Monday, January 7, 1991. sld