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HomeMy WebLinkAbout6/4/1984 - Minutes PCti PLANNING COMMISSION MINUTES City of Orange _ Orange; California June 4, 1984 Monday, 7:30 p.m. The regular meeting of the Orange City Planning Commission was called to order by Chairman Hart at 7:30 p.m. PRESENT: Commissioners Hart, Greek, Mason, Master ABSENT: Commissioner Vasquez STAFF Jere P. Murphy, Administrator of Current Planning and Commission PRESENT: Secretary; Jack McGee, Associate Planner; Gene Minshew, Assistant City Attorney; and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF MAY 21, 1984 0 The minutes of May 21, 1984, were corrected to show that in para- graph three of page two "finding of the EIR" should read "finding of the ERB." Moved by Commissioner Master, seconded by Commissioner Mason, that the minutes of May 21, 1984, be approved as corrected. AYES;. Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1341 - FELDNER Request to establish a commercial plant nursery utilizing structures including incidental retail sales, located on the north side of Meats Avenue at Stone Pine Road. NOTE: Negative Declaration 904 was prepared for this project. Chairman Hart referred to a letter from Donald L. Daniels, 3134 and 3216 East Longridge Drive, who stated that he did not object to the proposed nursery per se but did object to retail sales being held at the location. Mr. McGee said a phone call had been received from a Mr. Johnson, 9362 Villa Vista Way,. Villa Park, whose property is adjacent to the site for the proposed nursery, who said he has had some erosion from the water runoff downhill to his property from the proposed site and hpped some consideration would be given to that problem. Chairman Hart opened the public hearing. Applicant Tom Feldner addressed the Planning Commission and said he understands the conditions recommended by Staff and everything is fine with him. Chairman Hart asked if he understood the condi- tion recommending no retail sales and he replied in the affirmative. Planning Commission Minutes June 4, 1984 Page Two In response to questions posed by Commissioners, Mr. Feldner said the property has only a gentle grade at Stone Pine Road, where the entrance will be, and that the only sign to be erected will measure two feet by six feet and will identify the nursery. Discussion followed on wholesale sales, retail sales, incidental sales and seasonal sales,: and what actually would be allowed at the site. if the conditional use permit would be granted. It was established that the condictions recommended by Staff would .include all incidental and seasonal sales of a retail or "open to the public" nature. Mr. Feldner was again asked if he understood this and he again replied in the affirmative. Chairman Hart closed the public hearing. Moved by Commissioner Greek, seconded by Commissioner Mason, that the Planning Commission accept the findings of the ERB to file Negative Declaration 904. AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED Moved by Commissioner Greek, seconded by Commissioner Master, that the Planning Commission approve Conditional Use Permit 1341 subject to the conditions recommended by Staff. AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED IN RE: NEW HEARINGS ORDINANCE AMENDMENT 7-84 An amendment to the zoning ordinance establishing regulations for large family day care homes in the residential zones. NOTE: Negative Declaration 903 has been prepared for this project. Chairman Hart opened and closed the public hearing. Moved by Commissioner Master, seconded by Commissioner Mason, that the Planning Commission accept the findings of the ERB to file Negative Declaration 903. AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED Moved by Commissioner Master, seconded by Commissioner Greek, that the Planning Commission recommend to the City Council that it approve Ordinance Amendment 7-84, AYES:. Commissioners Hart, Greek, Mason, Master NOES.:. None ABSENT: Commissioner Vasquez MOTION CARRIED Planning Commission Minutes June 4, 1984 Page Three IN RE: MISCELLANEOUS HEIGHT LIMIT TUSTIN STREET COMMERCIAL AREAS Report from the Planning and Development Services Department regarding building height limitations within the Tustin Street Redevelopment Area. Bert K. Yamasaki, Planning & Development Services, addressed the Commission regarding height limitations in this area and referred to his memorandum of April 5, 1984, to the Commission. He said the report outlined the various options and the implications of those options and recommended that a public hearing be held on the matter, and if the Planning Commission approves the report it should be sent to the City Council with a recommendation to hold the public hearing. Discussion followed on the information and recommendations contained in the report. Moved by Commissioner Greek, seconded by Commissioner Mason, that the Staff study be sent to the City Council with a statement that indicates it is wholeheartedly supported by the Planning Commission. AYES: Commissioners NOES: None ABSENT: Commissioner IN RE: MISCELLANEOUS SWAP MEETS Hart, Greek, Mason, Master Vasquez MOTION CARRIED Request from the City Council for input on establishing a swap meet within the industrial area of the City. Mr. Murphy said this is a request by the Capitol Flea Market of San Jose, California, to place a swap meet in the industrial area at the Stadium Drive-in property at the northwest corner of Katella Avenue and Main Street. He said Staff has prepared a brief report to the Commission giving some history on the City's swap meet at the present time at the Orange Drive-in as well as some of the problems encountered at that location in making a recommendation to the Commission with regard to a possible code amendment to the Municipal Code to allow swap meets to occur as a permitted use. Glenn Norris, applicant, 2833 Camino del Ray, San Jose, addressed the Commission and said he had answered Staff's questions in a written communication. Commissioner Greek pointed out that he had received this only fifteen minutes prior to the start of the present meeting and had not had time. to read and digest it; he requested that the questions be answered orally at this time. Mr. Norris responded to Staff's four questions as follows: 1. Regarding difficulty in identifying merchandise as to its true r Planning Commission Minutes - June 4, 1984 Page Four ownership, Mr. Norris said he would hire off-duty policemen to run serial numbers if there's any discrepancy in the serial number on a piece of merchandise and to run any merchandise that looks suspicious. He said sellers are required to fill out a form containing their names, address, phone number, vehicle license number and drivers license number, as well as a description of the property to be sold, which helps to provent any problems in identifying the merchandise. Upon questioning, he admitted that there really isn't any way to be sure whether or not the merchandise belongs to the seller or was stolen, but insisted that his system was a deterrent to the sale of stolen goods. 2. Regarding sales tax and license fees, Mr. Norris stated that the State Board of Equalization requires a reserve seller (a person who rents swap meet space by the month) to have a state resale number and collect taxes; therefore he screens the sellers care- fully to see that they meet with these requirements. It was pointed out by Mr. Murphy that the City Business License Coord- inator doesn't have the ability to see that business licenses are purchased by all sellers involved in this type of operation. 3. Regarding the criticism of retail store owners that a swap meet is unfair competition to them, Mr. Norris remarked that society is built on competition, competition is healthy, and that without competition prices would know no bounds. He said that many retail store owners extended their operations to swap meets on weekends, selling from both their retail establishment and the swap meet. 4. Regarding traffic and parking problems, Mr. Norris claimed that based on their operation in San Jose, they had planned for the proposed City of Orange operation a similar set-up that would alleviate such problems and he did not anticipate that there would be any. Chairman Hart asked for a history of the present swap meet and Mr. Murphy replied that it was established in the County prior to the drive-in being annexed to the City and that there has never been a provision in the Municipal Code to cover such an operation. Chairman Hart pointed out that the present swap meet has caused untold parking problems in the neighborhood, especially on the days when there are sporting events at the Anaheim Stadium. Commissioner Greek asked if there had been any report on this from the police department and Mr. Murphy replied that there had not been a report nor any other outside input. Commissioner Greek said he felt the main problem was one of no positive input, and pointed out that visibility has been extremely negative and there are parking and traffic problems at the present swap meet even though they have been able to use the Anaheim Stadium for parking, something that the proposed swap meet would not be able to do. Mr. Murphy said he felt the only benefits to the City from the proposed swap meet w©uld be the limited revenue the City would Planning Commission Minutes June 4, 1984 Page Five realize from the retail sales tax and what business license tax it would be able to collect. In response to a question from Commissioner Mason as to whether the Orange City Chamber of Commerce had ever studied this situation, Mr. Murphy responded that the City Clerk has the file on swap meets and the most recent discussion was in the early 70s when the present formulas were established for taxing the existing swap meet. He said the memos in the file indicate the problems that occurred at that time and the process the City went through to establish the formula that is used for establishing a taxing process for the swap meet. Also, that there is a statement in the file from the then City Manager indicating that the City Council had made the determination that there should be no other swap meets, that they were not permitted by the Municipal Code, and that they would deal with the Orange .Drive-in swap meet as an existing non-conforming use but were not going to encourage additional swap meets in the City. Moved by Commissioner Master, seconded by Commissioner Greek, that the Planning Commission recommend to the City Council that it not amend the Municipal Code to allow swap meets. AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED Chairman Hart asked Mr. Murphy to notify Mr. Norris as to when the matter would be on the City Council agenda. Commissioner Greek said he really could,-see no benef it to the City in~approvvng a swap meet and that the site being considered is really in an extremely heavy traffic area with limited parking in the industrial area surrounding it= not only is it of no benefit to the City but also the site itself is a negative aspect that creates even more problems. He said he felt these comments should be relayed to the City Council. Chairman Hart asked Mr. Murphy to see that these comments acco~panied the Commission's recom- mendation to the City Council. IN RE: MEETING OF JUNE 11, 1984 Moved by Commissioner Master, seconded by Commissioner Greek, that the Planning Commission hold a regular public hearing on the EIR on Upper Peters Canyon on June 11 at 7:30 p.m. AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED IN RE: ADJOURNMENT The meeting was adjourned at 8:30 p. m., to be reconvened at a regular meeting on Monday, June 11, 1984, at 7:30 p.m., at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California.