Loading...
HomeMy WebLinkAbout5/6/1985 - Minutes PCr PLANNING COMMISSION MINUTES City of Orange Orange, California. May 6, 1985 Monday, 7:30 p.m. The regular meeting of the City of Orange Planning Commission was called to order by Chairman Master at 7:30 p.m. PRESENT: Commissioners Master, Greek, Hart, Mason ABSENT: Commissioner Scott STAFF John Lane, Administrator of Current Planning and Commission Secre- PRESENT: tary; Jim Reichert, Associate Planner; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE IN RE: MINUTES OF APRIL 15, 1985 Moved by Commissioner Mason, seconded by Commissioner Hart, that the minutes of April 15, 1985, be approved as recorded, AYES: Commissioners Master, Greek, Hart, Mason NOES: None ABSENT:. Commissioner Scott MOTION CARRIED IN RE: NEW HEARINGS CONDITLONAL USE PERMLT 7424 - KIRKWOOD COMPANY Proposed office use in the industrial zone on the north side of Braden Court, 630 feet west from Main Street. NOTE: This project is exempt from environmental review. Mr. Reichert made the presentation in accordance with the Staff Report and said Staff recommends approval subject to the condition in its report. Chairman Master opened the public hearing, Dick Broadway, Planning ,,,,~ Consultant, 17587. Irvine Boulevard, Suite 107, Tustin, representing the applicant, said he has no problems with the Staff .Report. Chairman Master declared the public hearing closed. Moved by Commissioner Greek, seconded by Commissioner Hart, that the Planning Commission approve Conditional Use Permit 1424 subject to the condition in the Staff Report. AYES: Commissioners Master, Greek, Hart, Mason NQES: None ABSENT: Commissioner Scott MOTION CARRIED ,, ' Planning Commission Minutes May 6, 1985 Page Two IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1425 - THOMPSONJWALTERS Proposed two-story addition in the RD-6 (RCD) Zone on the east side of Orange Street, 230 feet south from Culver Avenue. NOTE: This project is exempt from environmental review. Mr. Reichert made the presentation in accordance with the Staff Report and said Staff recommends approval subject to the conditions in its report. Chairman Master opened the public hearing. The applicant was not present.. Chairman Master declared the public hearing closed. Commissioner Greek said he would have liked the applicant present to give an indication of his plans for parking.since he is a1 ready concerned about the current use of the front yard for parking,. A woman in the audience indicated she didn't realize the public hearing had been closed and would like to speak. Chairman Master reopened the public hearing. Opal Patton, 484 South Grand „ said she is constantly prevented from exiting her garage and reaching the street via the alley due to cars being parked in the alley. After some discussion, Commissioner Hart pointed out that this is a police matter not a zoning matter and has no'bea~ring on the project under consideration, He suggested that Mrs.. Patton contact the Police Department. 7~in public hearing was closed. Moved by Commissioner Master, seconded by Commissioner Mason= that the Planning Commission approve Conditional Use Permit 1425 subject to the conditions in the Staff Report. AYES: Commissioners Master, Greek, Hart, Mason NOES: None ABSENT: Commissioner Scott MOTION CARRIED IN RE: NEW HEARINGS ZONE CHANGE 1033 - CITY OF ORANGE Proposed zone change from R-1-6 to PI or some other non-residential zone at the southeast corner of Palm Avenue and Palm Drive. NOTE: Negative Declaration 982 has been prepared for this project. Mr. Reichert made the presentation in accordance with the Staff Report, He said Staff feels the OP Zone is appropriate rather than the PI Zone. He pointed out that there is an option to .attach the "A" suffix to the OP Zone to limit future development to single- story height;. also that future development plans for the property , Planning Commission. Minutes May 6, 1985 Page Three would be reviewed by the Design Review Board to ensure that elevations would have a residential appearance. He said Staff recommends the OP Zone with consideration of the addition of the "A" SUff1X. Commissioner Hart asked why the City Council apparently rejects previous decisions made by the Planning. Commission on this matter and keeps returning it for further consideration,. Cha irman Master asked if subsequent options, such as adding the "A"' suffix, had been considered in the past. Mr. Reichert said the addition of the "A'"suffix had not been considered previously. Chairman Master asked if the "A" suffix could be attached to any zone change. Mr, Lane said it would be more restrictive than what had been advertised for the public hearing but the Planning Commission can apply a more restrictive zone at a public hearing .for which a legal notice has been published. He pointed out that the last time the Planning Commission considered this application it recommended approval and that prior to this submittal of the application, the applicant had reduced the height of the building.to be constructed with a parking area under ground level. Commissioner Hart asked if the City Council had requested a rezoning for the PI Zone. Mr. Reichert said the City Council had requested that the matter be set fora hearing to consider the PI Zone. Mr. Lane said it is obvious that the City Council wishes it to be a PI Zone designation but Staff feels. the OP Zone is more appropriate. Commissioner Mason suggested that the addition of a "A" suffix would meet the requirements of the people who had opposed the previous application in that it would guarantee that the elevations have a residential appearance in keeping with the other buildings in the area. Commissioner Hart said that is the function of the Design Review Board ,not the Planning Commission. He suggested that the intention of the City Council appaatredito be political rather than a planning instruction. Chairman Master opened the public hearing. Lois Bark, 2022 Spruce, commented on the background of this piece of property. She said the residents of the area wish the entire area to remain public institutional and residential and oppose the introduction of office professional use.or any other use that would be detrimental to the school children. Chairman Master declared the public hearing closed.. He asked Mr. Lane if it was particularly the concern of Staff that with the PI designation without some limiting factor, the property could be used for anything under the designation that would fall within the approved uses and would not be of a nature offensive to the rest of the area. Mr. Lane responded that the real concern of Staff is that from a land use planning point of view, office professional is the most appropriate use for the property.. Planning Commission Minutes May 6, 1985 Page Four Commissioner Greek suggested a two-week continuance in order to ascertain how this application differed from the previous one in the design of the building. Commissioner Hart said the intention of the City Council was very clear in .that it did not want an office professional use for the property and that appeared to be a mandate to the Planning Commission. Commissioner Mason said she still did not understand this because there are so many uses in the PI Zone that would result in every bit as much vehicular traffic as an office professional use. Commissioner Hart said he thinks that if the property is zoned PI it will never be developed and that is the intent of the City Council. Chairman Master pointed out that this would be unfair to the owner of the property, Chairman Master reopened. the public hearing for comments by Ray Chakmakchi, 1616 North Broadway, Santa Ana, representing the developer of the property. Mr. Chakmakchi explained the changes made in the original submission in order to satisfy the desire of the neighborhood fora building that would be more residential in appearance. He said that it appears to him also that this is a political process and if that`s the case and it is really what is best for the City. of Orange, he is willing to contribute to the process. He said the developer made°an agreement to .buy the property and it is in escrow;_however, it was understood that unless there is some determination of the zoning the-escrow could not close.and if the property is zoned PI the developer would have to review his position,'since he does prefer OP zoning,. Mrs.Barke said she had inquired about the attachment of a "A" suffix when this project was first presented, and was told such a suffix could not be put on office professional, only on residential. She requested clarification of this. She said the "A" suffix would satisfy some of the residents' concerns but they are still worried about the underground parking being an attractive nuisance to the school children and would still prefer public institutional zoning. e~ Chairman Master closed the public hearing. Commissioner Hart said Mr, Minshew checked that portion of the Code and it does not limit the addition of the "A" suffix to residential, Chairman Master said the Planning Commission has several options:- 1) return the application for some other type of considerationy~ 2) deny the application, or 3). recommend approval, Commissioner Hart pointed out the danger of inverse condemnation, that is, if the property is zoned so it can`t be used, it is really being taken away from the owner without compensat ion. ~ov~d by Comm~ilss%oner Mason, seconded by P'lan~nin~ Commission accept the findings Board to file Negative Declaration 982. AYES:. Commissioners NOES: None ABSENT:. Commissioner Commissioner Hart, that the of the Environmental Review Master., Greek., Hart, Mason Scott MOTION CARRIED E/ Planning Commission Minutes May 6, 1985 Page Five Moved by Commissioner Mason, seconded by Commissioner Hart, that the Planning Commission recommend to the City Council that this piece of property be zoned Office Professional OP Zone with the "A" suffix placed on the property limiting future development to single story in height and that future development plans for the property be reviewed by the Design Review Board to ensure that the elevations have a residentia'1 appearance, AYES: Commissioners Master, Hart, Mason NOES: Commissioner Greek ABSENT: Commissioner Scott MOTION CARRIED Commissioner Greek stated his reasons for voting no are that actually the Planning Commission should not be restrictive on the property because the OP zoning is compatible with the existing OP zoning to the .east and he feels that the previous recommendation of OP zoning should appl~r without the addition of the "A`~ suffix, Commissioner Hart suggested action to approve OP zoning without the addition of the "A" suffix. Moved by Commissioner Greek, seconded by Commissioner Hart, that the previous motion be reversed with the intention Qf making a new motion to remove the "A" suffix, Mr, Lane suggest.. asking Commissioner Mason to withdraw her motion so a new motion could be substituted, She declined, AYES:. Commissioners Greek, Hart NOES:.. Comm%ssi.oners Master?Mason ABSENT: Commissioner Scott MOTION DIED LN RE: MISCEt1;ANE0US TENTATIVE PARCEL MAP 85-197 ~ DELTA DEVELOPMENT Request to further review proposed six~lot subdivision in the M~2 Zone on the west side of Batavia Street at Southern Avenue, (The P"fanning Commission acted to deny without prejudice at the April 75, 1985, meeting,) ~~ U NOTE: Negative Declaration 981 has been prepared for this project.. Mr, Reichert made the presentation in accordance with the Staff Report, noting that the applicant has submitted additional information indicating that there is a 60`-wide easement to the south of .the proposed lot that actua'1~1y forms a panhandle with a large remaining lot even further to the west than the existing Consolidated freightways parcel,. He said there are reciprocal ingressJegress agreements or easements between Consolidated Freightways and the parcel to the west so there are two access points to the Consolidated Freightways parcel . Chairman Master opened the public hearing.. Robert Guthrie, Project Planning Commission Minutes May 6, 1985 Page Six Manager for Delta Development, 2111 Business Center Drive, Suite 200, Irvine, said that at one time the entire area was owned by Consoli- dated Freightways and they had arranged for the 60'_wide easement. He said at present they are using a 30'-wide drive that Delta plans to expand to 35' and in the future, if and when the property is developed to a higher use, the 60'-wide driveway will be guaranteed for recorded legal easements. Commissioner Greek asked why access is being planned through the 35' portion rather than through the 60` portion. Mr, Guthrie responded that Consolidated wishes to continue taxing access through the 35` portion rather than pay for developing the 60` portion because the property adjacent to the 601 portion is owned by Young`s Market and at such time in the future that Young's Market develops its property the development of the 60` portion will be paid for as part of that property development. Commissioner Greek said he would prefer to have development start on the 601 portion now to prevent having a 35 `-wide strip of property that will not be developable i n the future. Chairman Master declared the public hearing closed. Commissioner Greek clarified that he doesn`t care for the way the property will be chopped up by this plan and he feels the City will ultimately be stranded w%t~ a 35 "-wide access for which there will be no plan. He said he would like to see access taken from a portion of the 60` strip., that he is not asking for.the entire street to be developed and dedicated now but only a l 55`-long portion to allow present access .and %t would be the start of a street that would eventually be developed in its entirety and dedicated, Chairman Master reopened the public hearing and presented the alter- native,suggestion that Delta purchase the 35` strip from Consolidated now-and grant them access to it; then at such time as Young's Market develops its property and puts in the 60`-wide street, Consolidated will take its access there and Delta can include the 35' strip in one of its lots. Commissioner Greek asked why that cannot be done now.. Mr, Guthrie responded that the agreement with Young`s Market is that if the City requires improvement of the 60` street now, Consolidated will have to pay for it, and he thinks that will cause Consolidated to scrap the whole project. Commissioner Greek reiterated that he is not requesting immediate development of the entire 60` street but only a small portion of it, 'and asked if Consolidated andlYoung's Market would accept that. Mr. Guthrie said he didn`t know but he felt the requirement that a portion of the 60` strip be developed now would cause a legal argument and prevent the current proposed development. Moved by Commissioner Greek, seconded by Commissioner Hart, that the Planning Commission recommend to the City Council that Tentative Parcel Map 85-191 be denied without prejudice because of the problem w%th the 35`~wide section adjacent to Batavia Street, AYES: Commissioners Master, Greek, Hart, Mason NOES:. None ABSENT: Commissioner Scott MOTION CARRIED ' Planning Commission Minutes ~+ May 6 , 1985 ~ Page Seven IN RE: MISCELLANEOUS Request for a 14.2% reduction in number of parking spaces in a commercial center on the east side of Tustin Street, approximately 140 feet north from Palmyra Avenue. Mr. Reichert made the presentation in accordance with a Staff Memorandum and said Staff recommends approval. Commissioner Greek asked if there is an easement or agreement that would allow the gas station driveway to be used. Chairman Master opened the public hearing, Jim Van Tyle, 2729 Saturn Street, Brea,. the architect for the developer, said there is no reciprocal easement between any of the five parcels but there are recorded easements on the alleyway so there is access from the rear as well as from the proposed single driveway leading from the double driveway on Tustin Street, and that there has never been a reciprocal parking agreement.. Commissioner Greek said he thinks this is a good plan and a good development end-is in favor of it, but thinks if the gas station could put up a fence there--is potential for four more parking spaces. Discussion followed, with suggestion for redesigning the plan. to allow for additional parking. Chairman Master declared the public hearing closed. Moved by Commissioner Greek, seconded by Commissioner Hart, that the Planning Commission approve this request fora reduction in parking at 251x273 South Tustin Street,, and include the condition that the planter on the southwest corner of the parking lot on the Tustin Street side of the building be eliminated to provide a straight planter 10' wide to the property line; and the applicant be encouraged to stripe the parking lot in accordance with the plan as submitted and be encouraged,..,,if at some time in the future the access to the southerly property is deleted, to convert the area to three or four parking spaces. Commissioner Mason asked if .the adjacent planter and 6" curb are a7 ready in and was-told that they are. AYES: Commissioners Master., Greek, Hart, Mason NOES:.. None ABSENT:.:. Commissioner Scott MOTION CARRIED IN RE: ';OTHERBUSINESS Chairman Master noted the cppy of a letter from Steuen Herckt to Mayor Beam, Mr.. Lane said the City Manager felt this item should be reviewed by the Planning Commission and make comments as to its feasibility, He said Staff thinks that although 1~ is a. gbod' idea i.n genera'1,!it .feels this location is not a good place for a~mecre- ational vehicle storage facility.. Commissioner Greek said he thinks it is a good idea although possibly not feasible Commissioner Hart said it would be a unique use for t he property and Mr. Herckt should make an application. Comm;iss~oner Greek said he would like to see Planning Commission Minutes ,~'""' May 6, 1985 Page Eight a project in the area that in the process of development would also offer a way to divert the methane gas now escaping from the property. Mr, Lane said Staff is having difficulties in coming up with a way to rezone the property and suggested: 1) amending the RJO Zone to allow recreational vehicle storage by CUP, then applying the RJ0 Zone to the property, 2) amending the SJG Zone, which is presen~~ly on the praperty.~~;to allow this use in a SJG Zone, or 3) rezone the property to industrial use. He said he didn`t think the Planning Commission would want to rezone the property to industrial use;.: but the other two options were possibilities. Chairman Master requested Mr. Lane to offer Mayor Beam the alternative options as to how this matter might be handled in a public hearing after the applicant makes an application., but not to make any commitment as to an ultimate decision by the Planning Commission Chairman Master noted receipt of a copy of the Loma Environmental Impact Report and suggested a Study Session on the matter, The Study Session was set for Wednesday., May 29, at 5:30 p,m. Commissioner Mason suggested that the Punning Commission make afield trip to Orange Park Acres to go over the original plan, This was set for Thursday, May 2.3, at 12:30 p.m,, with the field trip to follow lunch, IN RE: ~~AQJOURNMENT The meeting was adjourned at 9:45 p,m~ to reconvene t0 a regular meeting on Mondaya-May 20, 1985,~at 7:30 p,m,, at the Civic Center Council Chambers,~300 East Chapman Avenue, Orange, California.