Loading...
HomeMy WebLinkAbout5/21/1984 - Minutes PCPLANNING COMMISSION MINUTES City of Orange ~' California Orange, May 21, 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 ABSENT: Commissioners Master, Vasquez STAFF Jere P. Murphy, Administrator of Current Planning and Commission PRESENT: Secretary; Jack McGee, Associate Planner; Gary Johnson, City Engineer; Gene Minshew, Assistant City Attorney; and Toba Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF MAY 7, 1984 The minutes of May 7, 1984, were corrected to show that in regard to the approval of the minutes of the meeting of April 2, 1984, Commissioners Greek and Vasquez did not vote "no" but rather they abstained from voting. Moved by Commissioner Mason, seconded by Commissioner Greek, that the minutes of May 7, 1984, be approved as corrected. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED IN RE: CONTINUED HEARINGS ORDINANCE AMENDMENT 3-84 Amendment to the Zoning Ordinance establishing regulations for satellite d fishes. NOTE: Negative Declaration 896 has been prepared for this project. (This item was continued from April 16 and May 7, 1984, Planning Commission meetings, and was discussed at a study session on May 14, 1984.) Mr. Murphy said that at the study session the Planning Commission directed the Staff to provide further information regarding the proposed ordinance. He said that Staff recommends indefinite continuance and will readvertise a hearing within four to six .weeks after work has been completed on the revision. Moved by Commissioner Greek, seconded by Commissioner Mason, that this proposed amendment be continued indefinitely. Planning Commission Minutes May 21, 1984 '~ Page Two AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1337 - Taco Bell Request to establish a restaurant with a drive-up window on the northeast corner of Chapman Avenue and Lewis Street. NOTE: Negative Declaration 899 has been prepared for this project. Jim Middleton, 4822 Barkwood, Irvine, Construction Manager for Taco Bell, questioned whether the additional parking space mentioned in the EIR had been made a condition of approval. Mr. Murphy said that the statement made in the Negative Declaration was that there was parking provided on-site with the previous use, which was a service station, and this use will require additional parking, which is being provided by the current applicant. Chairman Hart declared the hearing closed. Moved by Commissioner Greek, seconded by Commissioner Mason, that the Planning Commission accept the findings of the EIR to file Negative Declaration 899. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED Moved by Commissioner Mason, seconded by Commissioner Greek, that the Planning Commission approve Conditional Use~Permit 1337 with all the conditions listed. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1339 - Toberty Request to establish office uses in the industrial district and exceed the building height limit south of the intersection of Katella Avenue and Struck Avenue. NOTE: Negative Declaration 901 has been prepared for this project. John Killian, Architects Orange, 144 North Orange Street, Orange, said he is interested in having Staff clarify the requirements for Planning Commission Minutes May 21, 1984 *~ Page Three access to the site in the future. Mr. McGee said that Condition No. 2, which asks that an irrevocable offer to grant reciprocal access easements with parcels to the west and south be recorded, is providing that if there is future developmenton grouping of parcels there may be need to access vehicles through some other direction, and that the condition is not asking that those ease- ments be obtained at this time but is giving notice that they may be required at some future date if there is further development. Mr. Killian indicated that he understood this condition. Chairman Hart declared the hearing closed. Moved by Commissioner Greek, seconded by Commissioner Mason, that the Planning Commission accept the findings of the ERB to file Negative Declaration 901. AYES: Commissioners Hart,- Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED Moved by Comm issioner Mason, seconded. by Commissio ner Greek, that the Planning Commission approve Conditional Use Pe rmit 1339 with the condition s so stated, including the additional condition submitted by the Police Department requiring that vandal resistant light fixture s be utilized in the covered parking area when meeting the security ordinance lighting requirement. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT:. Commissioners Master, Vasquez MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1340 - TENTATIVE PARCEL MAP 84.753 - Burnett/Ehline Request to establish office uses in the industrial district on the southwest corner of Taft Avenue and Batavia Street. NOTE: Negative Declaration 902 has been prepared for this project. Moved by Commissioner Mason, seconded by Commissioner Greek, that the Planning Commission accept the findings of the ERB to file Negative Declaration 902. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Master, Vasquez MOTION CARRIED Mr. Murphy pointed out that there is a revision to Condition No. 7, changing it to read that "the CC&Rs shall be reviewed and approved Planning Commission Minutes May 21, 1984 Page Four prior to the issuance of occupancy permits for buildings on Parcel #2." Chairman .Hart asked if the applicant is familiar with this revision. Maureen Hardy, representing the applicant, replied in the affirmative. Commissioner Greek pointed out that in the previous industrial subdivision a maintenance association was requested, and he asked if that had been taken care of in this case. Mr. Murphy said it was his understanding that in this case the airspace project will require that kind of an organization. Ms. Hardy said there will be CC&R's that will take care of main- tenance just-like any other condominium association and that a corporation will be formed. Moved by Commissioner Greek, seconded. by Commissioner Mason, that the Planning Commission recommend approval of Conditional Use Permit 1340, subject to the conditions listed, including the change in Condition No. 7 and approval of TPM 84-753 .with. the conditions listed in the-staff report.. AYES: Commissioners Hart, Greek, Mason NOES. None ABSENT: .Commissioners Master, Vasquez. MOTION CARRIED /~'"~ IN RE: NEW HEARINGS ~r+ ORDINANCE AMENDMENT 6-84 An amendment to the Zoning Ordinance to establish a permit system to allow periodic outdoor advertising and merchandise displays. NOTE: Negative Declaration 900`has been prepared for this item. Mr. Murphy made the Staff presentation as follows: Tn May, 1982, the City Council reviewed an ordinance similar to this one and because of concerns. for the economy at this time, withheld its adoption and instead issued a moratorium on enforcement of the City's ordinance prohibiting the use of temporary signs and banners. That moratorium was in effect until December, 1983, when the City Council dropped that action and directed Staff to bring back an ordinance similar to the one that was originally proposed in May, 1982, and set it for public hearings before the Planning Commission and the City Council. Staff reviewed this proposed .ordinance with-the Orange Chamber of Commerce Civic Affairs Committee, the Orange Antique Dealers Association, and the Downtown Businessmen's Association representatives. Comments received to date are basically regarding limitation of length of time of parking lot sales and limitation of use of parking lot space. The Chamber of Commerce committee suggested that parking lot sales should be extended through two weekends for a total of ten days, and Staff feels that it is a reasonable request if the percentage of the parking lot is small enough so as not to cause a prolonged parking problem to adjoining users. Staff-feels that this proposal is more liberal than what surrounding communities Planning-Commission Minutes May 21, 1984 Page Five have in their zoning codes but that it can be administered effect- ively through the permit review process. Chairman Hart requested clarification of Sectiiorr.A.l. regarding the "15 days" and the "six dates," as well as the usage of six "dates" instead of six "days." Mr. Murphy said the 15 days refers to special events in general and there was a further limitation of a maximum of six-days per year on taking. up space in parking lots; however the Chamber of Commerce is asking for ten days instead of six days. Staff member Randy.Mellinger explained the usage of "dates" instead of "days" because some people look for loopholes and tend to define "day" as any 24 hours, e.g., from Friday to Saturday, so since the dates are listed on the permit form, it was felt advisable to use "dates" rather than "days." He said the l5% maximum space is consistent with the special events program currently in the business license title and with the allowance provided for common usage in commercial districts, He said that in essence this proposed ordinance addresses both the erection of banners, balloons, etc., as we11 as outdoor sales., which are currently not rea11y specifically permitted i'n the Code. He also pointed out that the six dates can be at any time, i.e., they can be six consecutive dates, or three periods of two dates each, or six individual dates, etc. (At this point, 7:55 p.m., Commissioner Master arrived.) Commissioner Mason asked if the six dates met the concerns of the businessmen. Mr. Mellinger responded that apparently the business- men would prefer ten dates since they had asked for an extension. Commissioner Mason asked how the 15% would be enforced. Mr. Mellinger replied that with the permit system there is a form requiring a sketch of any display to be put up, showing location and sizes of banner and balloons. At the time of application for the permit, determination of the amount of parking space that can be used will be based on the square footage of the retail space. The form will have to be on the site at all times; therefore, when the Code Enforcement Officer visits the site he/she can look at the form and make sure of compliance with the permit. Hugh Davenport, 1136 East Collins, Orange, representing the Orange Chamber of Commerce, said the businessmen would like ten dates instead of six because they wished to include two weekends in parking lot sales, but other than that the Chamber of Commerce is very much in support of the total concept of the proposed ordinance. Terry Melancon, owner of The Banner Factory, 1145 Bowie Avenue, Orange, spoke at length on what he felt was the unfarirness of the proposed ord finance. .Both Chairman Hart and Commissioner Greek clarified the language of the proposed ordinance in an attempt to explain its concept and content so that Mr. Melancon would under- stand its purpose. Planning Commission Minutes f May 21, 1984 *~ Page Six Henry Gutentag, owner of Sunway Products Corporation, 27300 South Harbor Boulevard, Santa Ana, a silk-screen operation which also produces banners, balloons, etc., stated it is interesting to note that Orange is the only city that will not allow them to fly balloons as compared to other cities. Mr. Mellinger pointed out that there are, in fact, other cities that-will not allow banners and balloons and said that not only does this proposed ordinance allow them but also it is the most liberal ordinance in Orange. County. Chairman Hart pointed out that people got the impression because of the moratorium on the sign ordinance for 19 months that the Planning Commission is taking. away a right that was previously available, but in fact it isn't. He said that there has been a proliferation of signs and when,merchants were cited., they appealed to be allowed, during the recession, to keep their banners up. They were allowed to do this but many of them abused the privilege and as a result the City is now getting the fallout from this, so this proposed ordinance is giving permission for banners and balloons by usage of a systematic procedure. John Gannon, 3605 Pacific, San Pedro, spoke in favor of the {proposed ordinance because he thinks it is fair and will regulate those who mistreat the privilege of being able to use banners and balloons. Brad. Olson, proprietor of Majestic Sky Ships, 287 West Cerritos, Anaheim, called the attention of the Planning Commission to Page 3, Section 5. h., of the Staff report, regarding maximum height and size of balloons. He explained the types of balloons and the sizes and heights they should be to comply with safety requirements. A discussion on this between Mr. Olson and the Commission followed, during which Mr. Olson suggested changes to Section 5.h. Moved by Commission Master, seconded by Commissioner Mason, that the Planning Commission accept the findings of the EIR to file Negative Declaration 900. AYES: Commissioners Hart, Mason, Master, Greek NOES: None ABSENT: Commissioner Vasquez MOTION CARRIED .Moved by Commissioner Greek, seconded by Commissioner Master, that the Planning Commission recommend approval of Ordinance Amendment 6-84 to the City Council with two revisions: 1) change Item A.1. from "six dates" to "ten .dates," as requested by the Chamber of Commerce, and 2) change Item 5. h. from "a maximum height of thirty (30) feet" to "a maximum height of fifty (50) feet" and from "exceed a diameter of twenty (20) feet" to "exceed a diameter of thirty (30) .feet." Mr. Minshew pointed out that it was unnecessary to state the amount of $15.00 for the processing fee iri Sect:ion'A,4. since the City Planning Commission Minutes May 21, 1984 Page Seven Council does this by resolution. He suggested that this wording be changed to "a processing fee as established by the City Council" and then said fee would be added to the license fee resolution; in other words, the actual amount of the fee should not be stated in the proposed ordinance but be made a part of the City resolution regarding license fees. Chairman Hart directed Mr. Murphy to make this change in the wording of Section 4.A., per Mr. Minshew's recommendation. Commissioners Greek and Master, who made and seconded the motion, agreed to this revision. AYES: Commissioners NOES: None ABSENT: Commissioner IN RE: MISCELLANEOUS Hart, Greek, Mason, Master Vasquez Moved by Commissioner Greek, the Planning Commission study at 5:00 p.m. MOTION CARRIED seconded by Commissioner Master, that session set for May 30 should- commence AYES: Commissioners Hart, Greek, Mason, Master NOES: None ABSENT: Commissioner Vasquez IN RE: ADJOURNMENT The meeting was adjourned at 8:45 p.m., to a study session on May 30, 1984, at 5:00 p.m., and to reconvene at a regular meeting on Monday, June 4, 1.984, at 7:30 p.m., at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California. 0