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HomeMy WebLinkAbout6/15/1981 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California June 15, 1981 Monday, 7:30 p.m. The regular meeting of the Orange City Planning Commission was called to order by Chairman Mickelson at 7:30 p.m. PRESENT: Commissioners Mickelson, Coontz, Ault, Hart, Master ABSENT: Commissioners none STAFF Jere P. Murphy, Administrator of Current Planning and Commission PRESENT: Secretary; Stan Soo-Hoo, Associate Planner; Gene Minshew, Assistant City Attorney; Bob Beardsley, Assistant City Engineer; Norvin Lanz, Associate Planner; Doris Ofsthun, Recording Secretary. PLEDGE OF ALLEGIANCE IN RE: APPROVAL OF MINUTES FOR JUNE 1, 1981 Moved by Commissioner Master, seconded by Commissioner Ault, to approve the minutes of June 1, 1981, as transmitted. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN: Mr. Murphy stated that there were two items under "New Hearings" to be continued: #3 - CONDITIONAL USE PERMIT 1127 - BEIN, FROST: Applicant requests a Conti nuance to July 6 , 1981 i n order to allow time to meet with the residents of the area who have been in contact with the applicant regarding thei r concerns about the use of the property. Moved by Commissioner Ault, seconded by Commissioner Coontz, to continue Condi ti onal Use Permit 1127 to July 6, 1981 . AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED #6 - REVISED TENTATIVE TRACT 8154, VARIANCE 1649, ZONE CHANGE 951 , CONDITIONAL USE PERMIT 1133 - LUSK: Applicant reauests a continuance to July 6, 1981 i n order to review with Staff some of the speci fi- cations regarding the tract, particularly with regard to the special conditions which have been established by Staff for the tract. Jacques Hunter, 2674 Villa Real Drive, Orange, addressed the Commission, stati ng that he wished to know exactly what is being done with thi s property. He 1 fives across the street from the property i n ques ti on and does not object to the continuance i f he can get more information on this project. Chairman Mickelson explained that Mr. Hunter could talk with Mr. Soo-Hoo or Mr. Murphy of the Planning Department, and they would explain the essentials to him. A packet was given to him to study. Moved by Commissioner Hart, seconded by Commissioner Paster, to continue Revised Tentative Tract 8154, Variance 1649, Zone Change 951 and Conditional Use Permit 1133 to July 6, 1981. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED Planning Commission ~linutes June 15, 1981 Page Two I N RE: CONTINUED HEARINGS TENTATIVE PARCEL MAP 81-752, CONDITIONAL USE PERMIT 1090, VARIANCE 1631 - DULEBOHN: Request to allow creation of a 3-unit Planned Unit Development with greater density than permitted by code at the southeast corner of Collins Avenue and Lemon Street. (Note Negative Declaration 676 has been prepared for this project.) (Continued from meeti ng of May 18, 1981. ) Mr. Murphy explai ned to the Commission that revised plans have been filed and are on the board before the Commissioners. He pointed out that the revised plans have changed this to a one lot air space condominium and an additional parking space has been provided, for a total of six parking spaces , i n 1 i eu of the seven required by Code, 5 within the building and one open parking space. Mr. Murphy further explained that as part of the provision of that open parking space, an additional driveway was created on Lemon Street, which thereby also decreases the amount of on-street parking in the area of the project. Commissioner Coontz asked that the instructions be rei terated wi th regard to the continuance of this item. Mr. Murphy explained that there were two items of concern -division of land into fee ti tl e ownership and, secondly, less parking space than required by Code. On the previous plan, five parking spaces were provided in lieu of the 7 required by Code. Therefore, in this revised plan, one more parking space has been provided. Mr. Murphy pointed out that the variance is the problem at this time. Everything else has been modified to meet the Commission's direction and the Code. Chairman Mickelson opened the public hearing. James Dulebohn, 1901 E. Lemon Heights Drive, Santa Ana, the applicant, addressed the Commission, stating that he could not add much to what has already been said. He has discussed the parking with the Staff and they suggested squeezi ng the extra parking space i n the south end of the lot. He realized that tech nically he has not presented any hardship, However, this lot is very difficult to deal with. It is a small lot and is on a corner. Therefore, it is difficult to build upon. There being no one else to speak for or agai nst this application, the Chairman clos ed the public hearing. Chairman Mickelson commented that the Staff and the applicant have worked hard to come as close as possible to meeting the standards. However, he sees a tradeoff in the parking by adding this additional parking space and he could be convi need that this should be left off to give more yard space. This could just as well be utilized for yard and landscaping. He did not think there is any reason to believe that Lemon Street will ever become a busy thoroughfare. Commissioner Coontz stated that this is still a variance and shows no hardship. She would like more information as to why this variance would be justi fi ed. Commissioner Hart felt that i t again comes back to design cri teri a. Two more spaces could be added to this project as he sees it. There was more discussion among the Commissioners i n this regard. Chairman Mi ckelson saw a paral l el si tuati on between this application and the one which was approved at the 1 as t meeting . Planning Commission Minutes June 15, 1981 Page Three Moved by Commissioner Mickelson, seconded by Commissioner Ault, to approve Variance 1631 , with the finding that the 1 of i s narrow and is not a result of any action which the owner has taken. It is desired by the City to limit access onto Collins Avenue. Commissioner Coontz stated that if we are getting to the point of weak justi ficati on for these variances , then the Ci ty Ordi nances on density should be changed. AYES: Commissioners Mickelson, Coontz, Ault, Hart NOES: Commissioner Master ABSENT: Commissioners none MOTION CARRIED Moved by Commissioner Mickelson, seconded by Commissioner Ault, that Tentative Parcel Map 81-752 be approved as an air space condomi ni um, since this has been recommended by the City Counci 1 , subject to the conditions set forth in the Staff Report and the Engineer's Plan Check Sheet. Commissioner Coontz asked for clarification on page 3, paragraph 2 of the Staff REport. Mr. Murphy explained that the proposed project density requires the new ordinance raising PUD densities to be in effect. If the new ordi Hance i s not approved by the City Counci 1 this would not be approved. He pointed out that the new ordinance goes to the Council ei th er tomorrow night (June 16) , or next week (June 23) . AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED IN RE: NEW HEARINGS: Chairman Mickelson explained that Items #1 and 2 on the agenda would be heard reversed i n their order. AMENDMENT 2-81 -CITY OF ORANGE: Proposed amendment to the Orange Municipal Code (Section 17.44.080) concerning exception to height limitation in commercial zoning district (Ord. 63-80) . Mr. Murphy presented this item to the Commission, explaining that Staff proposed to place this item first on the agenda to be heard before the Tishman application, since it is a general ordinance affecting the enti re ci ty, and has correlation wi th that application. Mr. Murphy then went on to ex plain that the Tishman West Management Corporation recently requested the City Council to reaffirm the "agreement" for the phased integrated development set forth in Precise Site Plan 197, adopted by the City Counci 1 as Resolution No. 2461 on I~1ay 4, 1965. The subject property, commonly known as The Ci ty compl ex, is a 157-acre site between City Drive and Lewis Street and the Garden Grove Freeway and Chapman Avenue. Tishman West's immediate concern is that the height limitations set forth i n Ordi Hance No. 63-80 could impose unreasonable addi ti onal requi rements for that portion of The Ci ty property lying adjacent to Chapman Avenue. On May 12, 1981, the City Council directed the Ci ty Attorney to amend Ordi Hance No. 63-80 to exempt the area re- ferred to in Resolution No. 2461. The Tishman Corporation felt, therefore, that since the approval had been granted by the City in that on gi Hal resolution on the Precise Site Plan, that they shoul d not be requi red to go through the Condi tional Use Permit process for buildings that exceeded the height limit 4-1 ratio as related to the residential district. Planning Commission Minutes June 15, 1981 Page Four Mr. Murphy explained that this amendment to the ordinance would also relate to any other property in which a Precise Site Plan had been adopted and in which the applicant had, through diligence, attempted to develop his property. He pointed out that Staff is not aware of any other properties that would fit that category at the present time. But the ordinance would allow for the exemption of any of those properties with either developer agreements or Precise Site Plans already adopted at the time of the adoption of the ordinance. In answer to a question by Commissioner Coontz, Mr. Murphy replied that he is not aware of any adopted site plans for Children's Hospi tal , Providence Speech & Hearing Center, or any other projects i n that area. Chairman Mickel son wondered about the tower bui 1 di ngs by Tool ey Co . on La Veta. Mr. Murphy replied that these properti es fall outside of the ordinance for resi denti al zones . ~. Chairman Mickelson opened the public hearing. Walt Charters, Engineering Manager for Tishman Corporation, addressed the Commission in favor of this application. He stated that they have received all information from the Staff on this proposed ordinance and concur with thi s proposal . There being no one else to speak for or against thi s appl i cati on, the Chairman closed the public hearing. Moved by Commissioner Coontz, seconded by Commissioner Hart, to approve the amendment to Ordinance 63-80 by the addition of a subsection to O.M.C. Section 17.44.080 to read as follows: The provisions of 17.44.070 shall not apply to those applicants who, prior to City Council adoption of the regulations contained i n 17.44.070 , received City Council approval of a precise site plan, development agreement or other type of development plan, and where said plan or agreement has been pursued consistent with the terms thereof and with reasonable diligence. ,~' Commissioner Master asked for clarification with regard to height limitations relating to a residential zone, his understanding being that any cons tructi on occurring i n the area across the street from existing residential area would be unrestricted in height. Mr. Murphy replied that what Commissioner Master had stated was correct. There was further discussion between the Commissioners and Mr. Murphy regarding this subject. Mr. Murphy explained that the Staff has received some inquiries with regard to what is being proposed in the way of building on the south side of Chapman Avenue. He pointed out that the variance advertising which was sent out for this project would have brought in those people who were concerned. However, no one is here to oppose or question the project. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED VARIANCE 1641 - TISHMAN WEST: Request to allow cons tructi on of an 8-story and 5-story bui 1 di ng and parking s tructure with fewer par king spaces than required and with more compact spaces than permitted by code on the south side of Chapman Avenue, west of Manchester Avenue. (Note: Negative Declaration 696 has be en prepared in lieu of an Environmental Impact Report.) Planning Commission Minutes June 15, 1981 Page Five Jere Murphy presented this application to the Commission, stating that this is a request to allow the construction of an 8-story and 5-story bui 1 di ng and a parki ng structure with two variances 1. Fewer number of parking spaces than are required by Code. 2. A greater percentage of compact car size parking spaces than are allowed by Code. He pointed out that the property contains 7.74 acres of land located on the south side of Chapman Avenue approximately 465 feet west of the centerline of Manchester Avenue (3800-3900 West Chapman Avenue) . The property is zoned C-2 and a portion of this property contains an office building, the remainder being vacant. The applicant proposes to construct two office buildings and a parking structure on the site. A variance is requested to allow fewer parking spaces than are required by Code and a greater per- centage of compact spaces than are permitted by Code. Mr. Murphy explained that the proposal is part of the larger develop- ment approved by Precise Site Plan 197. As such, it has been exempted by the City Council from subsequent height regulation (Ordinance 63-80) but is required to provide parking as required by Code. The applicant proposes to construct an 8-story, 156,000 square foot office building on the easterly portion of the site. Concurrently a 2-story parking structure will be constructed to the south of this building. A 5-story, 100,000 square foot office building will be constructed as a second phase on the westerly portion of the site. The parki ng structure wi 11 provi de parking for the two offi ce buildings included in this proposal, as well as a third office building currently under construction on adjoining property to the east of this site. Parking for the office buildings is calculated at one space per 250 square feet of gross floor area for the first 4 fl oors and one space per 400 square feet of gross floor area for the 5th floor and above. Mr. Murphy pointed out that a total of 1384 spaces are required for the total 412,000 square feet of office space plus an an additional 11 spaces for the adjoining restaurant property. Thirty-seven fewer spaces than required are provided. A maximum of 50% compact car size stalls is proposed in lieu of the 20% allowed by Code. The inter-departmental staff has reviewed the proposal and made two comments: 1. The City of Orange Police Department will not enforce parking 1 of res,tri cti ons o n this site as i t does for other parts of "The City" Development. 2. Handicapped parking stalls must be provided and located as required by State of California Access laws. Staff recommends that the Planning Commission accept the fi ndi ngs of the Environmental Review Board to file Negative Declaration 696. Mr. Murphy stated that because "The City" is a large integrated offi ce/commercial center which i s at present still not fully de- veloped, Staff feels that special circumstances do exist which should be considered when reviewing this variance request. Although no specific hardship exists on this property and care must be taken that any parking overflow i s not al 1 owed to create probl ems i n the residential nei ghborhood to the north , space does exist to Planning Commission Minutes June 15, 1981 Page Six accommo~+ate parking overfl ow i n the remainder of the 1 arger "City" development. The applicant has furthermore agreed to a condition that shoul d a parking problem occur as a result of this vari ance, 37 spaces would be provided on other parcels in the complex. The percentage of compact car size s tal 1 s al 1 owed by Code i s currently under study. Because the subject proposal is part of a larger employment center which draws employees from a wide regional area, it would seem that more compact "commuter" cars can be expected to use th i s parking faci 1 i ty . Records submi tted by the applicant for other office buildings in "The City" complex appear to verify this in showing a 63-70 per cent compact car use. Staff recommends approval of Variance 1641, subject to the 17 condi- tions listed in the Staff Report. Commissioner Master questioned the statement that the City of Orange Police Department wi 11 not enforce parking 1 of res tri cti ons on thi s site as it does for other parts of "The City" development. Mr. Murphy explained that the City of Orange has an agreement with the shopping center that they do provide police services within the shopping center parking lots. However, the police department is trying to stay away from policing any more parking 1 ots than i s absolutely necessary. Mr. Minshew went on to explain that there is a special ordinance which is provided in the California Vehicle Code and Orange provides this type of service at CHOC and the Orange Mall also. A public hearing is held and it is done usually be very strong public request. This type of service can be added at a future date if it is requested and a public hearing is held. Chairman Mickelson opened the public hearing. Walt Charters, Engineering Manager for Tishman Corporation, the applicant, addressed the Commission, stating that they have read the Staff Report and concur with al 1 statements and conditions . He did point out that they have a private security force who would maintain order in the parking structure. They are anticipating in the original design having footings built in so that more parking could be added if and when it becomes necessary. There being no one else to speak for or against this application, the Chairman closed the public hearing. Moved by Commissioner Hart, seconded by Commissioner Master, to accept the findings of the Environmental Review Board to fi 1 e Negati ve Decl ara ti on 696 . AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Mickelson, Coontz, Ault, Hart, Master none none MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Ault, to approve Variance 1641 , subject to the 17 condi tions as set forth i n the Staff Report, and for the reasons shown i n the Staff Report. Chairman Mickelson pointed out that there should be a justification for the variance. He suggested that the findings from the Staff Report be added to the moti on. H e also thought that another finding should be added that this development is part of an overall master plan and, therefore, strict application of the parking code is not necessary by a case by case basis. These additions to the motion were accepted by the maker, Commissioner Hart. Planning Commission Minutes June 15, 1981 Page Seven AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED TENTATIVE PARCEL MAP 81-755, CONDITIONAL USE PERMIT 1130 - WEST CHAPMAN BUSINESS PROPERTIES: Request to al 1 ow creati on of three parcels and airs pace sub division for condominium purposes at the southeast corner of Chapman Avenue and Flower Street (Note: Thi s project i s categori cal ly exempt from environmental review. ) The Commission decided that there was no need for a presentation for this application. Chairman Mickelson opened the public hearing. Jim Martin, 438 E. Katella, Suite 209, Orange, the applicant, addressed the Commission i n favor of thi s application, s tati ng that he concurs with the Staff Report and the conditions . There being no one else to speak for. or against this application, the Chairman closed the public hearing. Moved by Commissioner Master, seconded by Commissioner Coontz, to recommend approval of Conditional Use Permit 1130 and Tentati ve Parcel Map 81-755, for the reasons stated by Staff and with the conditions set forth in the Staff Report. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED ZONE CHANGE 950, CONDITIONAL USE PERMIT 1131 - SOUADJIAM: Request to rezone property from RM-7 to 0-P and to allow conversion of a residence to an office at the northwest corner of Stewart Drive and Bush Street. (Note: Negative Declaration 706 has been prepared in lieu of an Environmental Impact Report.) Commissioners waived a presentation for this application. Mr. Soo-Hoo pointed out that the last two conditions set forth in the Staff Report are not relevant any longer. Therefore, the con- ditions should be #1 through 9. Chairman Mickelson opened the public hearing. There being no one to speak for or against this application, the Chairman closed the public hearing. Moved by Commissioner Hart, seconded by Commissioner Ault, to accept the findings of the Environmental Review Board to file Negative Declaration 706. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED Moved by Commissioner Coontz, seconded by Commissioner Hart, to recommend approval of Zone Change 950 and Conditional Use Permi t 1131, for the reasons outl i ned by Staff and subject to Conditions #1 through 9 set forth i n the Staff Report. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED Planning Commission PAinutes June 15, 1981 Page Eight PROPOSED ADOPTION OF THE SCENIC HIGHWAYS ELEMENT OF THE GENERAL PLAN. (Negative Declaration 678 has been prepared in lieu of an Environmental Impact Report.) Commissioner Hart felt that there are several unanswered questions concerning this proposal and he suggested that the Commission have a study session to further investigate and discuss the changes. Commissioner Coontz concurred with his thinking in this matter. Moved by Commissioner Hart, seconded by Commissioner Coontz, to meet for a study session on this subject on June 29, 1981 at 5:15 p.m., this item then to be continued for public hearing to July 6, 1981. AYES: Commissioners Mickelson, Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED Chairman Mickelson stated that he would like to see actual action items for implementation be the responsibility of the Commission and the City Council rather than the Design Review Board. He felt that the Design Review Board should not be involved in a public hearing type of situation. Norvin Lanz explained that the Design Review Board is merely recommending, not making any decisions. Commissioner Coontz stated that she would like to know about the possibilities as far as funding is concerned of any programs that would assist the city with funds. She would like to see the Commission be able to talk about the practicalities rather than just esthetics . Chairman Mickelson commented that i n the presentation he would 1 i ke to see some of the streets deleted as scenic if nothing can be done that i s effective. IN RE: h1ISCELLANEOUS ITEMS: LETTER FROM NICKY CALAGNA REGARDING STATUS OF TENTATIVE PARCEL MAP 81-757. Chairman Mickelson explained that Mrs. Calagna had called him with regard to a sol uti on to her problem. Her solution was what the Commission had recommended at their previous meeting. Chairman Mickelson told Mrs. Calagna to present this to Staff so that i t could come before the Commission again to be approved. She had expl ai ned that she did not have the time, so he suggested that a 1 etter be sent. Commissioner Coontz felt that this is not something that would be done for any other ordinary citizen. She feels that this shoul d go through regular channels. She thought that the Commission needs to be clear that they will not act i n any other si tuation than during Commission meetings. It was pointed out to her that the Commission needs to do nothing in this matter. Moved by Commissioner Hart, seconded by Commissioner Coontz, to receive and fi 1 e this 1 etter wi thout action. AYES: Commissioners Coontz, Ault, Hart, Master NOES: Commissioners none ABSENT: Commissioners none MOTION CARRIED Planning Commission Minutes June 15, 1981 Page Nine r~ IN RE: ADJOURNMENT The meeting was adjourned at 8:45 p.m. to be reconvened in a study session on June 29, 1981 at 5:15 p.m. The next regular meeting of the Planning Commission will be at 7:30 p.m, on Monday, July 6, 1981 at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California . L-' 0 STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER SS. OF ADJOURNMENT COUNTY OF ORANGE ) Jere P. Murphy, being first duly sworn, deposes and says That I am the duly chosen, quali fi ed and acting secretary of the Planning Commission of the City of Orange; that the regular meeting of the Planni ng Commission of the Ci ty of Orange was held on June 15, ~, 1981 ; sai d meeti ng was ordered and adjourned to the time and place specified in the order of adjournment attached hereto; that on June 16, 1981, at the hour of 2:00 p,m „ I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of June 15, 1981 was held. C7 ..r EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE ORANGE CITY PLANNING COMMISSION HELD ON JUNE 15, 1981. The regular meeting of the Orange City P1 anni ng Commission was cal 1 ed to order by Chairman Nickelson at 7:30 p.m. PRESENT: Commissioners Nickelson, Coontz, Ault, Hart, Master ABSENT: Commissioners none Moved by Commissioner Ault, seconded by Commissioner Master, that this meeting adjourn at 8:45 p.m, on Monday, June 15, 1981 to reconvene at 7:30 p.m. Monday, July 6, 1981 at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California. I, Jere P. Murphy, Secretary to the Orange Planning Commission, Orange, California, do hereby certi fy that the foregoing is a true, full and correct copy of that portion of the minutes of a regular meeting of the Planning Commission held on Monday, June 15, 1981. Dated this 16th day of June, 1981 at 2:00 p.m. Jeri N. Murphy, ~~ ty N i anner a a Secretary to the Planning Comm ssion of the City of Orange. e