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HomeMy WebLinkAbout12-07-1998 PC MinutesI Ccl5S/t!/ o/). G-,;? .3 MINlJTES Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: IN RE: December 7, 1998 Monday - 7:00 p.m,Commissioners Bosch, Pruett, Romero, Smith Commissioner Carlton l.; t"j ~I~ Vern Jones, Planning Manager/Secretary,John Godlewski, Senior Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary rir) L;,:; J -ITEMS TO BE CONTINUED 1. VARIANCE 2056-98 AND MINOR SITE PLAN REVIEW 67-98 - LEASON POMEROY A proposal to allow the demolition of a small, 1,600 square foot, non-historic 1950's building located at 152 North Glassell, and the construction of a new, two story in-fill addition, including a newpassagewayandtheadditionofasecondstoryadditionontoandbehindanexistinghistoricfacadelocatedat 154 North Glassell,NOTE:Mitigated Negative Declaration 1580-98 has been prepared to evaluate the environmental impacts of this project.Applicant requests to continue this item to January 4, 1999.MOTION Moved by Commissioner Pruett, seconded by Commissioner Smith, to continue Variance2056-98 and Minor Site Plan Review 67-98 to the meeting of January 4, 1999,AYES:NOES:ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 2. CONDITIONAL USE PERMIT 2261-98 - DANBERG DEVELOPMENT (CHAPMAN STORAGE)A proposal allowing the construction of a 123,000 square foot self-storage facility, The site is located on the northeast comer of Chapman Avenue and Wayfield Street.NOTE:Negative Declaration 1584-98 has been prepared to evaluate the environmental impacts of this project.Applicant requests to continue this item to December 21, 1998.The Commission received a letter dated December 1, 1998 from Muirfield Properties, the adjacent property owner of Tustin Square, relative to the project. The letter will Planning Commission Minutes December 7, 1998 MOTION Moved by Commissioner Smith, seconded by Commissioner Romero, to continue Conditional Use Permit2261-98 to the meeting of December 21, 1998. AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE:CONSENT CALENDAR 3, Approval of the Minutes from the Regular Meeting of November 16, 1998 MOTION Moved by Commissioner Romero, seconded by Commissioner Pruett, to approve the MinutesofNovember16, 1998. AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE:CONTINUED HEARING 4. TENTATIVE TRACT MAP 15710 AND MINOR SITE PLAN REVIEW 57-98 - GEORGE KLIMEK A proposal to subdivide a 6+ acre parcel into five (5) residential lots, of which three (3) lots would nothavedirectaccesstoapublicstreet. The site is located 400 feet south of Santiago Canyon Road and eastofJamestown Way,NOTE:Negative Declaration 1565-98 was prepared to evaluate the environmental impactsof this project.Mr, Godlewski reported the application is for a tentative tract map and a minor site planreview, The tentative tract map proposes to divide a 6.2 acre parcel into five (5) residential lots. ZoningoverthepropertyconsistsofR1-15 and R1-40. All of the lots proposed will be in excess of oneacreinsize. The location of the property includes the old tennis and swim club, which is nowabandoned. Part of the improvements that are proposed with the tract map include a 12 footrecreationaltraileasementthatconnectstothetrailsystemthatisontheMasterPlanofTrailsfortheCity. This willbeimprovedacrosstheproperty. The project is in conformance with the City's General Plan. It has alsobeenreviewedbytheOrangeParkAcresPlanningCommittee, who also found it to be in conformance with their plans.The minor site plan review is to consider lots that do not have direct access to apublicstreet. There are conditions in the staff report that include a requirement for CC&R's thatwouldmaintainthesepUblicstreetsandmaintainaccessforall parcels in the subdivision.A letter was received from Mr. and Mrs. Tom Davidson, dated November 22. 1998, who were concerned with drainage on the site, and the City Engineer is prepared to respond to those concerns.The public hearing was opened,Applicant, Brion Jeannette, 470 Old Newport Blvd.. Newport Beach, is the architectfortheproject. He has been working with members of the Orange Park Acres AssociationandTrailsCommitteebecausetheyrequestedtore-route the trail. He understands there are some drainageconcerns, which is a very important issue to deal with. The property is owned by one person. Each of the Planning Commission Minutes December 7, 1998 houses with their own kitchen. Their goal is to develop the site in such a manner that it is compatible with very low densities, One (1) person spoke in favor of the project: Bob Bennvhoff, 10642 Morada Drive, OranQe Park Acres. spoke on behalf of Orange Park Acres who approves of the project. They are glad to see the one acre lots. They feel the drainage issues have been addressed by the City Engineer. Two(2) people spoke against the project: Tom Davidson, 6122 SantiaQo Canyon Road. is not completely opposed to the project. But, he wanted to address the drainage problem. Richard Watts, 1602 East Fourth Street, Santa Ana, is Mr. Davidson's attorney. He has spoken with the City Engineer and architect of the proposed site development, and they have indicated they intend to take care of the problem. Mr. Davidson uses the natural drain off of quite a large parcel of his land to flow across the land into a natural creek of the property owner across the street. Mr. Hohnbaum said in his review of Mr, Davidson's letter and in listening to the discussion, it is staff's understanding that much of the drainage problem that is occurring on Mr. Davidson's property is due to the fact that there was a large drainage channel put in some time ago. The property that Mr. Davidson owns prior to that channel going in did suffer some minor ponding of water. After the drainage channel was put in, the situation was improved somewhat, but there was still some ponding, which exists even today. There is a drain on the westerly side of the channel that picks up the drainage from Mr. Davidson's property. He believed that was the drain they were referring to that they wish to still be able to convey the water to, In order to do that, it would have to cross on to the Klimek property to be conveyed. The best thing that could be done is for a drain to be put into the drainage channel directly on the easterly side of the channel (on the Davidson property), A condition could be placed on the project that would specifically state that the existing drainage will be conveyed into the storm drain system from the Davidson property onto the Klimek property. Applicant's response Mr, Jeannette explained the nature of the project accepts quite a bit of water, and becomes part of the planning they are doing. From an environmentally sensitive standpoint, they are going to grab what water they can and utilize it in the facility for gray water. They want to take the water that is coming across the access easement and turn it into a dry stream bed feature during the summer time, and utilize it as a winter water resource. Jim Brennan. 191 South OranQe Street. is the civil engineer for the project. He explained the history of the channel. It never had sufficient capacity since it was put in. Water exceeded the capacity of the channel and there was flooding out there. The County constructed the Handy Creek Diversion, which goes across Sully Miller's property into Santiago Creek. The old channel was left in place to pick up local water within the parking lot of the tennis and swim club. He met with Mr. Davidson and reviewed the site and drainage problem. Now that the tennis and swim club is demolished, the channel is gone. A storm drain system will be put in for Mr, Klimek, which will connect to the system at Jamestown Way. It is their intent to address this issue as part of the grading plan, Mr. Hohnbaum understands that the drainage flows across what is the top of the channel and the access road into the culvert on the westerly side. That is what Mr. Davidson is asking to be maintained. Mr. Brennan replied that will be maintained. The public hearing was closed. 3 Planning Commission Minutes December 7, 1998 Mr. Hohnbaum suggested a condition to "Maintain flow and drainage from adjacent properties, through the proposed development, subject to the concurrence of the City Engineer." Commissioner Smith's only concern is what will come afterwards when the present applicant is no longer the owner of the property, She is concerned that there is no access to the public streets. What will happen to the five (5) lots in terms of safety and access to public roads, Mr. Godlewski responded the Staff Review Committee has considered this project to be a five (5) lot subdivision. As part of the conditions, the infrastructure will be in place to support the five lots. It includes a paved access way, and CC&R's shall be recorded against all five lots, Drainage, sewer and water line easements have all been addressed such that these lots could be sold off individually, or could be kept as a single compound and would stand the test of time as if it were a subdivision, Mr. Jones pointed out that condition 18 requires that each parcel be provided with a recorded easement for access from Santiago Canyon Road, Chairman Bosch thought this was an unusual and extraordinary project. The proposed condition for drainage will assure that property rights are maintained, He is concemed about buildings of this size out in that part of town, but it meets the requirements for the site, and provides an unique improvement to the area. He was in favor of the project with the additional condition. MOTION Moved by Commissioner Bosch, seconded by Commissioner Pruett, to recommend to the City Council to approve Negative Declaration 1565-98, including the initial study, and comments received during the public hearing process, finding that there is no substantial evidence that the project will have a significant effect on the environment or wildlife resources, AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED MOTION Moved by Commissioner Bosch, seconded by Commissioner Pruett, to recommend to the City Council to approve Tentative Tract Map 15710 and Minor Site Plan Review 57-98, with conditions 1 through 22 listed in the staff report, and the addition of condition 23, stating that "The developer shall maintain the flow and drainage from adjacent properties subject to the approval of the City Engineer, with improvements proposed for this development." The Commission finds that the Tentative Tract Map meets the requirements of California Government Code Section 66474 with regard to its consistency with applicable general and specific plans, consistency for the physically suitable development of the site between the design and the natural attributes of the site, that there will not be substantial environmental damage or injury to fish, wildlife or habitat that is avoidable, that the improvements will not cause serious public health programs, and that the design will not conflict with easements required by the public at large with regard to the proposed subdivision. With regard to the Minor Site Plan, the Commission finds that the project will not cause deterioration of neighboring land uses, with the implementation of the conditions of approval and their necessary outcome through review of drainage improvements. The project conforms to the City Development Standards and the applicable Orange Park Acres Specific Design Guidelines and Specific Plan requirements. It will not cause significant and negative environmental impacts as certified through the Negative Declaration. Circulation is adequate to support the project on- and off-site, subject to the conditions regarding recording of easements, Services are available, and as evidenced by both the O.P.A, Planning Committee and the Design Review Board approval, the project is compatible with community aesthetics, AYES:NOES:ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton Planning Commission Minutes December 7, 1998 IN RE:NEW HEARINGS 5. CONDITIONAL USE PERMIT 2260-98 - ENA VAT FAZELI A proposal to construct a new gas station with a drive-thru car wash, The site is located at 4105 West Chapman Avenue.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act, per State CEQA Guidelines, Section 15302.Mr. Jones stated the applicant has clarified the hours of operation that they are requesting, which are outlined in the memorandum that was given to the Commission. Late in the afternoon, staff received a 2-page petition from residents in the general area regarding noise and traffic concerns.The public hearing was opened.Aoolicant. Neaar Fazeli, 6536 East Via Estrada. Anaheim, spoke for her father, Mr, Fazeli has been a business owner in Orange for 15 years. At one time he had the Unocal 76 Station at this site, but it was closed six (6) years ago, Now, he is wanting to open another gas station and car wash. He sees a high volume business that will provide a valuable service to the community. They wanted to clarify a few issues that were in the staff report. They request hours of operation to be changed to 24-hour gas sales with a mini-market operating between the hours of 5:00 a.m. to 11 :00 p.m, They took issue with condition 7 regarding the deposit of cash in lieu of street improvements. It is difficult to agree to this condition without knowing the exact cost. The City's proposed street improvements are taking land away from the site and the owner must pay for these improvements. The staff report also states the applicant shall pay all applicable development fees; however, the site previously existed as a service station and the development fees had already been paid.One (1) person spoke in opposition to the project:James Cast, 13280 West Chaoman Avenue, represented the Crystal Cathedral Ministry. Their concern is more with the aesthetics and signage than with the actual use.Chainnan Bosch explained the City has a commercial sign ordinance that grants certain rights subject to meeting the development standards for signage.Mr. Jones stated the Design Review Board reviews all the sign programs in the City and they will review and make a determination on the sign age package for this use,The public hearing was closed.Mr. Hohnbaum addressed the concerns of street dedication and bonds. He said condition 6 is in conformance with the City's Master Plan of Critical Intersections, There is some additional widening that needs to be done at that location. Staff is asking for an additional 14 foot along Chapman and an additional 5 foot along Lewis to accommodate the existing and future traffic. Rather than have the applicant construct those facilities at this time, staff suggested a cash in lieu, Staff will work with the applicant and his civil engineer to put together a cost estimate for the improvements for the purpose of determining a cash deposit. Referring to the TSIP fees, staff will provide a square footage credit if the previous structure was removed during a 4-year period of time; however, he heard the applicant state that the structures had been removed for quite some time. This concern can be discussed with the applicant.Mr. Jones said the facilities were demolished in June, 1997. The applicant is also requesting a slight addition so there would be some fees.It was noted the project is categorically Planning Commission Minutes December 7. 1998 MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero, to approve Conditional Use Permit2260-98. with conditions 1 through 10 listed in the staff report, revising the hours of operation togassalesfor24hours, the mini-market from 5:00 a.m. to 11:00 p.m" and the car wash from 7:00 a.m. to 5:00 p.m. The Commission finds that the oonditional use permit is granted upon sound land useprinciplesandinresponsetoservicesrequiredbythecommunity. It will not cause deterioration of borderinglandusesorcreatespecialproblemsfortheareainwhichthesiteislocated. It has been oonsideredinrelationshiptoitseffectonthecommunityandneighborhoodplans, It is subject to the conditionsnecessarytopreservethegeneralwelfare, not the individual welfare of the applicant. AYES: NOES:ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 6. CONDITIONAL USE PERMIT 2265-98 - SELMAN CHEVROLET A proposal to (1) construct a 2,600 square foot addition to the main building for auto parts storage, and (2)remove and replace an existing mobile office (used as an auto body shop office) with apermanentbuildingthatwouldmeasure1,500 square feet. The site is located at 1800 cast Chapman Avenue.NOTE:This project is categorically exempt from the provisions of the CaliforniaEnvironmentalQualityAct, per State CEQA Guidelines, Section 15301 and 15302.There was no opposition to this item; therefore, a staff report was not presented. The pUblichearing was opened.ADDlicant. Jack Selman. 1444 Oranoe Street. is the architect; his brother, Bill, is the ownerofSelmanChevrolet. They were requesting a revision to condition 1. It states that the owner will dedicatelandthatliesundertheexistingsidewalkandparkingbaysthatwereconstructedin1988. Back in 1988. there was parking on both Chapman and Tustin, The City met with Selman Chevrolet and reachedanagreementthattheywouldallowsomeparkingbuiltinfurtherifSelmanChevroletwoulddedicatethatland. He had the agreement that was written by the City Attorney and they thought it was in place. The landhadneverbeendedicated. They would like the condition to state: "Incorporate existing sidewalks, streettrees, curb and gutter, and on-street parking bays per the 1988 agreement that is approved bythePublicWorksDirector," The agreement states that in the event that Selman Chevrolet does not wanttousethatparking, then the property owner would have the right to tear that out at his own expense andputthecurbbackwhereitwasoriginally, which still leaves a thru-traffic lane for the City. They wouldliketomeetwiththeCityEngineeranddiscussthetermsoftheagreement. The agreement was never executed in 1988.Mr, Hohnbaum is concerned that the City is being offered revocable property, whichisnotsomethingtheCitytypicallytakes. Additional wording is needed in the condition that would statethewholeprocesswillbecontingentuponthesuccessfulcompletionofsuchanagreementanduponmutualagreementbybothparties, prior to issuance of building permits.The public hearing was closed.It was noted the project is categorically exempt Planning Commission Minutes December 7, 1998 MOTION Moved by Commissioner Bosch, seconded by Commissioner Pruett, to approve Conditional Use Permit 2265-98, subject to conditions 1 through 6 as listed in the staff report, with revision to condition 1 to modify the first phrase to state, "Per finalization and approval of an agreement between the property owner and approved by the Public Works Director and City Attorney, and prior to the issuance of building permits, the applicant will dedicate property to the City, (and then continue with the rest of the sentence)."The proposed approval is based upon the findings that the applicant's request is based upon sound principles of land use and in response to services required by the community, It does not cause deterioration of bordering land uses or create special problems to either the commercial or nearby residential areas in which the site is located, and it has been considered relative to the effect on the City' s General Plan, which is the only plan for the area in which the site is located. This action is made subject to conditions necessary to preserve the general welfare, not the individual welfare of the applicant. AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Smith, to adjourn at 8:05 p. m, AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Isld