Loading...
HomeMy WebLinkAbout06-07-1999 PC Minutes0;(<510 c. .;2 5'66- G-. J.. S, MINUTES Planning Commission City of Orange June 7, 1999 Monday - 7:00 p.m.PRESENT: ABSENT: Commissioners Bosch. Carlton, Pruett, Romero, Smith None STAFF PRESENT: C) ..-.., ~... Vern Jones, Planning Manager/Secretary,John Godlewski, Principal Planner,Mary Binning, Assistant City Attorney,Roger Hohnbaum. Assistant City Engineer, and Sue Devlin, Recording Secretary nf:~j~) kT, J J -IN RE:CONSENT CALENDAR 1. Approval of the Minutes from the Regular Meeting of May 17, 1999.MOTION Moved by Commissioner Smith. seconded by Commissioner Romero. to approve the Minutes of May 17.1999.AYES:NOES:ABSTAINED: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 2. MODIFICATION TO CONDITIONAL USE PERMIT 2267-98 - ORANGE HOUSING DEVELOPMENT CORPORATION A request to modify conditions requiring a tot-lot at a previously approved affordable housing project. The site is located at 320 South Hewes Street and 4431 East Marmon Avenue.Commissioner Smith requested to pull this item for discussion. Commissioner Carlton excused horsel!from the meeting due to a potential conflict of interest.Chris Carnes, Associate Planner, summarized that the applicant is requesting to modify the conditions pertaining to the tot-lot because the location would be an unsafe and unprotected environment for children.Commissioner Smith stated a car could still come through the fence. with or without a tot-lot.Mr. Carnes said the traffic is on the other side of Hewes Street (north bound traffic). Cars would have to cross the south bound lanes on Hewes.The public hearing was opened.Bill Cathcart. 721 East Svcamore. represented the applicant. O.H.D.C., as the landscape architect. The concern is not merely the cars coming into the play area. This is a safety issue. There has to be a line of sight at that intersection. which means there needs to be a 15 foot setback. Inside that 15 foot setback, a non- climbable. 5 foot wall can be put up for safety. There is not enough room for a "fall zone" and the, play equipment. A grass area is the only thing that can be put there. and it can still be designated as a children's play yard. 1 Planning Commission Minutes June 7, 1999 The public hearing was closed. Chairman Bosch understands the restrictions that are placed on the site. and supports the minor amendment because there will still be open space for children to play. In response to Commissioner Smith's concerns of retaining a play area, Mr. Jones pointed out Exhibit 2 is the applicant's proposed revision. which shows a landscaping and fencing concept with a play area, that would replace the area where the tot-lot and play equipment were to be put in. MOTION Moved by Commissioner Smith. seconded by Commissioner Pruett, to approve the modified site plan,finding that it is in substantial conformance to the original approved plan for Conditional Use Permit 2267-98. The Commission grants the relief from the requirement to provide playground equipment, and that a play area with grass, fencing and landscaping be provided as shown on Exhibit 2. AYES: NOES:ABSENT:Commissioners Bosch, Pruett. Romero. Smith None Commissioner Carlton MOTION CARRIED Commissioner Carlton returned to the meeting.3. MITIGATED NEGATIVE DECLARATION 1586-98 - DAN ARGUELLO Commissioner Smith asked to pull this item for separate discussion.Mr. Jones presented a request to allow the demolition of an existing non-contributing garage/carport and to replace the two-car garage and add approximately 1.275 sq. ft. of living area. The site is located at 604 East Almond Avenue in Old Towne. The Design Review Board reviewed this project on three different occasions and requested several modifications to it in order to make it consistent with the Old Towne Design Standards. At the last meeting on May 5. the DRB approved the project and is recommending that the Planning Commission take action to approve the Mitigated Negative Declaration and to approve the project subject to the conditions and mitigation measures outlined in the staff report.The applicant was not present at the meeting.Commissioner Smith asked if the property could be photographed from all four ( 4) sides before the structure is demolished. It's a 1909 cottage and it did have a facade applied to it that took it out of being of significant status. but photos are needed because of its size and placement on the property. She also wanted to cite this as an example of what is being looked at currently when talking about cumulative thresholds and cumulative impacts of a neighborhood. This is what the City is trying to address in their study of "use of alternative materials in Old Towne."Mr. Jones said they were establishing a resource library of photographs and could incorporate the pictures of this cottage before it is demolished.MOTION Moved by Commissioner Smith. seconded by Commissioner Bosch. to approve Mitigated Negative Declaration 1586-98. and include project approval for DRB #3383-98.AYES:NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED RECESS - The Chair recessed the meeting at 7:30 p.m.RECONVENE - The meeting reconvened at 7: Planning Commission Minutes June 7. 1999 IN RE:NEW HEARINGS 4. CONDITIONAL USE PERMIT 2279-99 AND VARIANCE 2062-99 - JOSEPH AND ALICIA NESSL A request to allow a second story expansion over a single story, single family (non- historic) residence within the Nutwood area of the Old Towne Historic District. The variance application is requesting a reduction in the required parking for the two residential units on this parcel. The site is located at 303 East River Avenue.Mitigated Negative Declaration 1595-99 was prepared to evaluate the environmental impacts of this project.There was no opposition to this item; therefore, the full presentation of the staff report was waived. The public hearing was opened.NOTE:Sandv Inoram of Svstems Buildino Inteoration. represented the Nessi's. In looking at the plans and the site, they decided there wasn't enough space to add an additional ribbon driveway off of Toluca Avemue;that's the reason they are applying for the variance. Parking has not been an issue. From the curb to the garage there is about 30 feet -- enough room for cars to park. The Nessi's propose to add a bedroom and bath above the garage. They are not adding an additional unit. or increasing the number of tenants or owners on the property. The original house was built in 1945 and the second unit was also constructed before the current parking code was put into effect.JoseDh and Alicia Nessi. 303 East River. asked the Commission to consider approval of their project.They have two (2) children and a 2-bedroom house. They are choosing to add on rather than move, to a new property.The public hearing was closed.The Commission discussed this project and concurred there is adequate findings for a variance. based on the irregular shape of the parcel.MOTION Moved by Commissioner Bosch. seconded by Commissioner Smith. to approve Mitigated Negative Declaration 1595-99 finding that the design of the project. as modified. fulfills the requirements to mitigate any potential impacts of the project. The Commission considered the initial study and comments recl~ived during the public review process and find that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources. And. that the project conforms to the Old Towne Design Standards in that this is a more modern, non- conforming structure with the improvements designed to enhance the property in line with the design standards for this type of property.AYES:NOES:Commissioners Bosch. Carlton. Pruett, Romero, Smith None MOTION CARRIED MOTION Moved by Commissioner Bosch, seconded by Commissioner Carlton, to approve Conditional Use Permit 2279-99 and Variance 2062-99, with conditions 1 through 4, as listed in the staff report. with the findings in regard to the variance that there are special circumstances applicable to the property; to wit, the fact that there is no physical change proposed for the property. That the existing primary residence and second unit were in place prior to the modification of the zoning ordinance, which modified parking requirements for second units, and therefore, drove this variance application so that the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under the identical zone classification. Because of the special circumstances related to the size. and shape of the property. granting of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity Planning Commission Minutes June 7, 1999 property is located. and also would not set a precedent. With regard to the conditional use permit, the Commission finds that the permit would be granted upon sound principles of land use and in response to services required by the community. It would not cause deterioration of bordering land uses or create special problems. It has been through the planning process and public hearing and considered in relationship to its effect on the community and neighborhood plan for the area. and has been made subject to those conditions necessary to preserve the general welfare. rather than that of the particular applicant. AYES: NOES: Commissioners Bosch. Carlton. Pruett, Romero, Smith None MOTION CARRIED 5. CONDITIONAL USE PERMIT 2289-99 - CECELlA MURGUIA (CASA MURGUIA'S MEXICAN RESTAURANT) A request to allow the on-site sale of beer and wine at an existing restaurant. The site is located at 7626 B East Chapman Avenue.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per CEQA Guidelines Section 15301.The public hearing was opened.Juan Guzman. 16838 Ivv Avenue. Fontana. represented the applicant. They have read and agree to the conditions of approval. This is a family Mexican restaurant and they wish to serve beer and wine with the meals.The public hearing was closed.It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Romero. seconded by Commissioner Pruett, to approve Conditional Use Permit 2289-99. with conditions 1 through 15 listed in the staff report. finding that it 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. And. it is made subject to those conditions necessary to preserve the general welfare, not the individual welt are of any particular applicant. AYES:NOES:Commissioners Bosch. Carlton. Pruett. Romero. Smith None MOTION CARRtED 6. CONDITIONAL USE PERMIT 2290-99 - CALIFORNIA DRIVE-IN THEATRES A request to establish a swap meet on Saturdays and Sundays. with approximately 670 vendor stalls as a temporary use of the property. The site is located at 291 North State College Boulevard.NOTE:Mitigated Negative Declaration 1597-99 was prepared to evaluate the environmental impacts Planning Commission Minutes June 7, 1999 Jim Donovan. Senior Planner, presented a request to allow outdoor sales as a commercial-recreation use,with the development of a temporary parking facility pursuant to municipal code requirements. The current zoning of the property is M-l and the project site is a little over 19 acres with slightly more than 12 acres located in the City of Orange and the balance of the property in the City of Anaheim. The Anaheim Planning Commission will hear this request on June 21, 1999. The property is surrounded by office, and industrial buildings, a mobile home park, the Santa Ana Freeway. a regional medical center. hotel.restaurant, and high rise office buildings all in different zoning classifications. The set backs which are measured to the vendor area exceed City requirements, which are 10 feet from the public right-of-wal' and o feet from any interior property lines. The vendor area ranges from 70 to 155 feet away from most of the different land uses.The City is requiring 435 parking spaces for the outdoor sales area. According to a report prepared by an independent traffic consultant. hired by the applicant, they are advising they will provide 532 parking spaces. The project site has a capacity for 1,099 parking spaces.Pacific Theatres conducted a swap meet on the site from 1970 through April, 1998. The applicant is now proposing to bring the swap meet back for a duration of two to live years. The swap meet would occur on Saturdays. Sundays and seven (7) holidays annually, from 6:00 a.m. to 6:00 p.m.Approval of a temporary parking facility is part of the request and the staff report explains how development standards differ for temporary facilities as compared to a permanent parking facility. The City has two (2) long-range development requirements that will affect the use or ultimate development of the property. A new segment of Walnut Avenue is planned in conjunction with an extension of Metropolitan Drive. Staff is recommending that the project's proponent offer a dedication of property at this time. but no construction until such time as a more intensive land use is proposed and approved.Staff has advised the manager and residents of the adjacent mobile home park that this request would be scheduled for public hearing. In the past. staff has been cautioned by the manager of the park that residents were subjected to loud music, noise from occasional fights, screaming. yelling. and a general concern that there was a lack of control over swap meet operations. Staff is recommending that an on-site manager be present and responsible for ensuring that excessive noise is controlled with regard to the swap meet's operations.Staff also advised the applicant of potential land use policy concerns with the proposed use at this location. The State College corridor is developing as a mixture of office, retail and restaurant uses. and staff has expressed some concern whether this use is compatible with those uses. In response to these concerns. the applicant noted that Pacific Theatres will ultimately consider other land uses, but is not ready to make long-term proposals at this time. Therefore, this might be considered or regarded as a temporary use of the facility.Mr. Donovan noted staff heard from the Orange County Transit Authority, clarifying a threshold that was referred to in the document. The County has also informed staff that the requirements for water quality control are a little different from what was reported in the original draft of the report. Staff recommElnds revising condition 3 to include a new sentence at the end of the first sentence indicating that a Water Quality Management Plan will be required. and that the applicant will obtain a National Pollution Discharge Elimination System permit, if required. Then. delete the last sentence.The public hearing was opened.Jav Swerdlow. Pacific Theatres. 120 North Robertson Boulevard. Los Anqeles, talked about the history of the property. This was the second drive-in for Pacific Theatres; it opened in the early 1940's. The swap meet operated up until last year. They are willing to work with law enforcement to control traffic and other concerns as they arise. All of their sellers have resale permits. They have an on-site manager and they will Planning Commission Minutes June 7, 1999 Mark Miller. Pacific Theatres. 120 North Robertson Boulevard. Los Anaeles, is the Director of Real Estate. He develops the inventory of properties they have, including all of the drive-in theatres that are no longer operating. The swap meet is an interim use; they are looking at a number of proposals for long- term use,one of which the City voted favorably for -- the Carmax proposal. Therefore, they are willing to condition the swap meet as a short-time use. He requested that condition 8 be deleted regarding the dedication of Walnut Street, as it would be negative for the project. The General Plan, as stated. will provide all of the protection the City needs. He asked for further clarification on condition 10. which is the 15 foot easement. They are not clear as to where that easement would be located. This could hamper a potential user and interfere with development.Mr. Hohnbaum is not completely clear on where the 15 foot easement is required, but he is willing to work with the applicant to establish an easement that is both usable by the Water Department and not encumbering the property in a negative way.Mr. Donovan spoke to the Water Department and he was told they would not require any dedication until there were new facilities constructed. The Fire Department will need to investigate whether additional fire hydrants are required.Mr. Hohnbaum said they have spoken with the applicant regarding condition 8 and they concur as far as deleting the requirement at this time. If there are any changes made to the project, staff would like to have the right to review the need for an easement at that time. The proposed wording is: "The project. as proposed, with the existing surface use, does not require at this time a dedication of easement, nor would the surface use preclude future construction of the roadway. However, any change in the project. as proposed. would require re-review for an easement."The Commission discussed with the applicants hours of operation and weekend/ holiday use, a suggested condition about security and patrol for the swap meet. and the number of employees/staff that will be on-site when the swap meet is open for business.Tom Jordan. Oranae Police Deoartment. addressed some concerns. The swap meet is located in two different cities. The statistics only address incidents from the City of Orange; there is nothing to indicate what has happened in the City of Anaheim. Their main concerns are traffic congestion, traffic accidents,disturbance of the peace. thefts, health concerns and illegal pharmaceuticals. If the request is approved,it is suggested that an agreement between Pacific Theatres and the Orange Police Department be entered into. outlining extraordinary security needs. policing and monitoring responsibilities, and responsibility for service costs. This is estimated to be around $25.000 a year for two ( 2) officers and one 1) traffic officer. This agreement needs to be signed by both parties prior to opening.Two (2) oeoole sooke in oooosition Ann Fain. 300 North Rampart Street #139 Susan Mason, 300 North Rampart Street #85 The mobile home residents are opposed to the swap meet because of the disturbance of the peace.noise, loud music, health issues such as food being thrown into their back yards and garbage/trash, car alarms and horns blaring and a lot of traffic. There is a 6 foot high wood fence between the properties and it is not being maintained.Aoolicant's resoonse Mr. Swerdlow stated their employees also work as security and they do patrol the swap meet. They will take a look at the fence and if repairs are needed, they will fix the fence. He admits the property is an eyesore; however, by using the property on weekends. it will improve the current condition. They will limit the level of noise volumes on all sound systems. and will designate an area of the swap meet, as far away from the mobile home park as possible. to locate the audio vendors. The employees will also work with the vendors to try and minimize the noise when vendors are setting up each morning, but Planning Commission Minutes June 7, 1999 could not be eliminated altogether. They will clean up the swap meet area each afternoon as quickly as they can, and will increase patrol to help minimize trash. The vendor fence will be two (2) feet higher than the previous fence and that will help control trash from being thrown into the residents' back yards. They would be happy to look at a management plan to minimize the dust problem in the parking areas. Vendors usually arrive at the swap meet to set up by 6:00 a.m. and then vacate by 4:00 or 5:00 p.m. Gary Rawlings, Pacific Theatres, spoke to the issue of amplified music. They will have an employee monitor the music, and the noise issue can be addressed by limiting the volume and times music can be played. They do not have any plans for live bands or any type of live music at the s~e. Chairman Bosch asked for the applicant's concurrence on the following points of discussion: They dkJ not have a problem designating a reasonable area for audio vendors in order to minimize the potential impacts and allow employees to better monitor their activ~ies. If the property line fence were in disrepair, they would stipulate to repairing the fence. On trash clean up. a reasonable management program would be implemented to encourage that clean up. Noise and dust control is a concern in the parking areas in closest proximity to the mobile home park. No vendors shall be allowed to park in the first several rows. or near the property line. The last several rows of parking should be the last to be made available for parking. They would not have any difficulty with a cond~ion restricting live bands or live musical performances. Along the fence line. nearest the mobile home park, it should be posted with no parking signs. Commissioner Smith suggested the applicant reach out to the adjacent residents of the mobile home park and do some public relations work in an effort to be good neighbors. They might also do a survey onGe or twice a year of the neighbors to see how things are going. Commissioners and staff discussed the landscape plans along the street frontage of State College Boulevard. Some of the property is owned by the Orange County Transit Authority. Between aCTA and Caltrans, they will not relinquish control of surplus property until the 1-5 widening project has been completed. The property could be made available fo the City for use. and if fhe City is not interest,~d, it could be qu~ claimed back to the applicant. at which point they could expand the facility all the way to the State College frontage. MOTION Moved by Commissioner Bosch, seconded by Commissioner Pruett, fo approve Mitigafed Negative Declaration 1597-99, finding that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources, as mitigated by the proposed design and through implementation of the proposed conditions of approval. And. approve Conditional Use Permit 2290-99 finding that the commercial-recreation use is granted upon sound principles of land use and in response fo services required by the community. This request would not be granted if it would cause deterioration of bordering residential and commercial land uses. or create special problems, and thus the conditions to follow shall be imposed to mitigate potential impacfs. It has been considered with regard to its effect on community or neighborhood plans. and fhat the conditions fo be applied are necessary to preservEI the general welfare of the community, not the individual welfare of the applicant.Conditions 1 through 20, as listed in the staff report. are approved with a revision to cond~ ion 3 to state following sentence one, ''That a Water Quality Management Plan will be required." Amend the next to the last sentence to state: ''The applicant will obtain a National Pollution Discharge Elimination System permit from the California Regional Water Quality Control Board, Santa Ana Region. if required." Delete the last sentence of the cond~ion.Amend condition 8 to state: ''The project. as proposed. with the surface use proposed does not require dedication of land for the future construction of the adopted General Plan 100-foot-wide roadway across the site as an extension and realignment of Walnut Street at fhis time. However, fhe City reserves the right to review imposition of this condition if any modifications to the surface use approved under the permit are proposed in the future. If said imposition occurs, fhe property owner may be required to prep am an irrevocable offer to dedicate land for the future construction of a Planning Commission Minutes June 7, 1999 signalized driveway entrance to the eastern border of the property. The form and content of this document is subject to review and acceptance by the City Engineer." Amend condition 10 to state: "A fifteen-foot wide easement shall be dedicated, if required by the City of Orange Public Works Water Department, as per City ordinance, to include public water system facilities located on private properties. such as water mains, meters, valves and hydrants required for the development. "Amend condition 11 by adding: "Or recorded music or other noises of excessive volume..." And. add to the condition. "No amplified music shall be allowed on site prior to 9:00 a. m."Add condition 21: "An agreement between Pacific Theatres and the Orange Police Department outlining extraordinary security needs, policing and monitoring responsibilities and responsibilities for service costs be signed by both parties prior to opening."Add condition 22: "The applicant shall. as stipulated, repair any damaged or unstable property line fences, in addition to installing a vendor area enclosure fence two feet higher than the existing fence."Add condition 23: "Audio vendor sites within the vendor area shall be limited to that portion of the site westerly of the existing snacklrefreshment building (between that building and State College Boulevard)."Add condition 24: "Noise and dust management adjacent to the easterly and southeasterly property lines shall include maintenance of oil-gravel surfaces off of the pavement. maintenance of existing asphalt or concrete paved surfaces. Prohibition of vendor vehicle parking within the first two parking aisles, westerly of the property line and management of the visitor parking to the site for utilization by cones or other devices to prevent utilization of the last two southeasterly rows of parking until other areas of the site are filled.Add condition 25: "No live bands. instruments, or live music performance shall be allowed on the site.Add condition 26: "Property owner shall be required before opening to post signs adjacent to the easterly and southeasterly property line fences along the easterly drive aisles. stating "No Parking -Subject to Tow Away". Text, size and spacing of signs subject to approval by the Public Works Traffic Division and Police Department.Add condition 27: "Should remnant parcels of former right-of-way between the westerly property line and the new State College Boulevard alignment be deeded to the applicant, the applicant shall landscape the area subject to the approval of landscaped plans by the Community Development Department.Add condition 28: "The applicant shall provide trash clean up. beginning in the easterly area of the parking lot and the vendor sales area immediately upon vacation or closure of that area. Said trash pick up to be accomplished on each business day within one hour of closure within the easterly 100 feet of the site. progressing through the remainder of the site."Add condition 29: "Because of the need to protect the general welfare of the citizens and adjacent properties, this approval shall be subject to review at six month intervals by the Community Development staff. Should excessive utilization of police resources or imposition of negative impacts upon the neighboring residents not be contained by the conditions imposed under this approval, additional conditions may be approved upon re-hearing by the Planning Commission.Add condition 30: "Hours of operation shall be limited to Saturdays, Sundays, and seven (7) holidays per year, as requested by the applicant, with operation hours of 6:00 a.m. to 4: 00 p.m.AYES:NOES:Commissioners Bosch, Carlton, Pruett. Romero. Smith None Planning Commission Minutes June 7, 1999 7. ZONE CHANGES 1199-99 AND 1200-99 - BEAZER HOMES SOUTHERN CALIFORNIA A request to allow zoning boundary adjustments between the R-3 (Residential Multi- Family) and R-O Recreation-Open Space) Districts. The site is located on the west side of Prospect Street between Walnut Avenue and Spring Street.NOTE:The environmental impacts of the proposal were evaluated by approved Negative Declaration 1531-97.Chairman Bosch noted the Commission received a letter dated May 20, 1999 in opposition to this application from Judge and Mrs. Robert Armstrong, who reside on Pageant Drive.There was no further opposition; therefore, the full reading of the staff report was waived and the public hearing was opened.Fred Talarico. 1278 Glennevre Street #110. LaQuna Beach, represented Beazer Homes. They submitted their request to clarify the boundary between the two zones at the request of City staff, and to strai~lhten out the lines on the maps. The public hearing was closed.MOTION Moved by Commissioner Bosch, seconded by Commissioner Pruett, to recommend to the City Council to approve Zone Changes 1199-99 and 1200-99, finding that the action is in order because the California Government Code requires that all land use decisions, such as zone changes, be found to be consistent with the City's General Plan. It is the understanding of the Planning Commission that this is a rninor adjustment to previously approved parcel maps to recognize the final layout of the development of the parcels. AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE:ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Carlton, to adjourn to a study session on Tuesday, June 8, 1999 at 5:30 p.m. in Conference Room C to discuss the Culver Avenue Zoning Alternatives. The meeting adjourned at 9:15 p.m. AYES:NOES:Commissioners Bosch, Carlton,