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HomeMy WebLinkAbout5/15/1989 - Minutes PCCity of Orange Orange, California PLANNING COMMISSION MINUTES PRESENT: Commissioners Bosch, Greek, Hart, Scott ABSENT: Commissioner ^7aster May 15, 1989 Monday - 7:00 p.m. STAFF PRESEr1T: John Godl.ewski, Sr. Planner & Commission Secretary; Jack McGee, Administrator of Current Planning; Bob Herick, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IF7 RE: TM1It1UTES OF MAY 1, 1989 Moved by Commissioner Hart, seconded by Commissioner Greek, that the r~linutes of T1ay 1, 1989 be approved as recorded. AYES: Commissioners Bosch, Greek, Hart, Scott NOES: None ABSENT: Commissioner Elaster MOTION CARRIED Itd RE: CONTINUED HEARINGS ORDINANCE AMENDMENT 2-89 - CITY OF ORANGE: Chairman Bosch was excused from the meeting due to a potential cor:flict of interest. A oropos~d~amendment to the Orange P9unicipal Code deleting certain sections within the Zoning Ordinance (Chapter 17) and adding Chapter 16.40, pertaining to grading standards. Adoption of a City Grading Ordinance is recommended under. this amendment. NOTE: Negative Declaration 1285-89 has been prepared for this item. This item was continued from the April 17 Planning Commission A9eeting and April. 24, 1989 Planning Commission Study Session. There was no opposition; therefore, a staff report was not presented. The public hearing was opened. Cora Lee Newman, Director. of Resource Entitlement. for the Irvine Company, assumed from the staff report that the landscape policies have been taken off the Agenda. Planning Commission ;linutes May 15, 1989 - Page 2 The Commission believed they were going to be incorporated in the Grading Ordinance. Mr. Johnson stated the intent was to consider them as separate documents for review purposes, but the final document (the adopted Ordinance) would contain it as part of the Grading Manual and Ordinance. Ms. Newman had submitted a letter regarding the landscape guidelines. They asked for a continuance because staff has agreed with a number of their comments, but they have not seen that final draft of the Landscape Ordinance and they would appreciate a continuance so they could read it. Regarding the Manual of Grading, they have submitted a number of detailed comments. They talked to staff this date regarding the comments and both concluded, with the Commission's consideration, it would be best to get together and talk further. Moved by Commissioner Greek, seconded by Commissioner Scott, that the Planning Commission continue Ordinance Amendment 2-89 - Grading Ordinance - to June 5, 1989. AYES: Commissioners Greek, Hart, Scott NOES: None ABSENT: Commissioners Bosch, Master h1OTI0N CARRIED Commissioner Scott suggested the Irvine Company meet with staff and review the comments pertaining to the grading prior to the next meeting. Chairman Bosch returned to the meeting. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1758-89 - DANIEL TEMRIN: A proposed Conditional Use Permit to allow the expansion of a truck terminal in the M-2 zone on property located on the ~,aest side of Batavia between Grove and Sierra Nevada 4Aay, addressed 2160 North Batavia. NOTE: Negative Declaration 1289-89 has been prepared for this project. A staff report was not presented and the public hearing was opened. Mr. Godlewski pointed out a letter has been received from Mr. Temkin, who has expressed concern over one of the conditions in the staff report relating to the hours of operation, limiting truck trips during peak hours of business. Planning Commission °~Iinutes slay 15, 1989 - Page 3 A.ppl. icant Daniel. Temkin, Seattle, Washington, summarized his views in his letter. He was originally notified of the condition when he received the staff report. last week and has not had time for preparation. He obtained a study prepared by The Cambridge Group for the California legislature, which was in response to the proposed restrictions of truck traffic during peak hours in Los Angeles. He does not feel he is in a position to discuss or debate the merits restricting truck traffic. iie understands it is a very serious problem and one that is likely to be addressed by the legislature. fie hopes to get his project developed. They will be developing this project for Consolidated Freightways. A section on Batavia Street, near the subject property is currently operating at a level of service C, which ho understands is approximately 80~ of capacity. This restriction would preclude them from developing the project since it would impose a restriction that is not imposed on any of the other common carriers in the City of Orange. Most of the truck traffic is during non-peak hours; however, since the trucking companies are in a service business, they are required to pick up and develop freight at hours in which the establishments they serve are open for business. He has also talked with staff and he understands the amount of trips generated by this development would be considerably less than an office building or an industrial park. Consolidated Freightways has been in the City of Orange for approximately 20 years and they have been a good corporate citizen. Pictures were passed out to the Commission of Consolidated Freightways facility. Mr. Temkin summarized said report regarding a truck study and its conclusions. The public hearing was closed. Commissioner Hart agreed with Mr. Temkin that the condition seems to b~ unreasonable. Who will monitor the truck activity to see if they meet those requirements? Commissioner Scott commented Consolidated Freightway has been a good neighbor of the City of Orange, but he was very concerned about the maintenance of the landscaped area as it has been neglected. Chairman Bosch agrees with Commissioner Scott. He would like to modify a condition on the C.U.P. Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission accept the findings of the Planning Commission Minutes ~~1ay 15, 1989 - Page 4 Environmental Review Board to file Negative Declaration 1289-89. AYES: Commissioners Bosch, Greek, Hart, Scott 2JOES : None ABSENT: Commissioner Master MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission approve Conditional Use Permit 1758-89 subject to the conditions as shown on the staff report with the exception of Condition 1 regarding the operating hours. Condition 5, which shows the landscape areas be maintained -- existing required maintenance be brought up to acceptable standards before any permits are issued. AYES: Commissioners Bosch, Hart, Scott NOES: Commissioner Greek ABSENT: Commissioner Master MOTION CARRIED Commissioner Scott reiterated the Conditional Use Permit would be revoked if the conditions were not adhered to. Commissioner Greek had concerns about the project. It is part of the Redevelopment Area and an expansion of an use is not necessarily the best long-term use of the property. In fact, it is not appropriate. Conditions of the existing development should be enforced as far as landscaping, maintenance, etc. But he feels the expansion of said use should not be encouraged or approved. Chairman Bosch would like to see stiffer requirements if adequate maintenance is not done. Fie agrees with Commissioner Greek's underlying concern. They have seen a decline in the number of truck terminals in the area. It is felt the area is being recycled even prior to redevelopment. Until there is overt action by Redevelopment to actively encourage some other development for the site, the owner does have an opportunity to present his case. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1759-89 - REORGANIZED CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS: A proposed Conditional Use Permit to allow establishment of a pre-school at an existing church site on property located on the east side of Tustin Street, 500 feet south of Palmyra Avenue, addressed 395 South Tustin Street. !VOTE: Negative Declaration 1290-89 has been prepared for this project. Planning Commission Minutes May 15, 1989 - Page 5 i~o one was in opposition of this project; therefore, a reading of the full staff report was waived. rir. Godlewski stated the Commission received a letter from Ron Harrington expressing his concerns about the project, dated May 9, 1989. The public hearing was opened. Applicant Gail Biller, represented the Day Care Board for the Church, and was asking permission to start a day care program. It would operate from 7:00 a.m. to 6:00 p.m. The only additions to the property that would be changed would be a chain link fence to enclose the play yard. They feel providing day care service would be their gift to the community. Commissioner Greek questioned the parking situation. He wanted to know what the current agreements were as i.t was not spelled out in the staff report. Ms. Biller said at the present time they are renting 48 spaces to the Care Unit. They are also using some of the space on the vacant lot in front of the property until the time they have their facility built on the river bank behind them. The Church is only required to have 7 spaces for the pre-school.. Chairman Bosch wanted to know how long that agreement was to run -- was it open ended until they develop or is there a specific date? Ms. Biller stated the unpaved parking is just until they build their facility for their employees. The paved parking in open ended. She could check into dates if needed. The public hearing was closed. Commissioner Greek was concerned about the narking because it seemed like there were many vehicles there on a daily basis. He would like to see a summary from the staff as part of the report indicating what parking is availab]e and required. Commissioner Hart said there appears to be 80 spaces and they are renting out 48, which leaves 32 spaces unused. The Church is not active during the week. Commissioner Greek had a difference of opinion; it's not just a Sunday type function. The parking spaces are full all of the time. He wants a summary to reflect what is really happening rather than making assumptions. Planning Commission ttinutes May 15, 1989 - Page 6 moved by Commissioner Greek, seconded by Commissioner Bosch, that the Planning Commission continue Conditional Use Permit 1759-89 until June 5, 1989 in order to have a detailed report of all the uses and parking requirements/number of parking spaces. The report is to also include a determination of the rental or lease agreements, expiration date, number of spaces and hours of operation. AYES: Commissioners Bosch, Greek, Hart, Scott NOES: None ABSENT: Commissioner Master ~90TION CARRIED Commissioner Scott suggested staff include the dimensions of the parking lot. Chairman Bosch stated the plan does not meet their review standards in terms of identifying whether the spaces are current legal size, aisle widths, turn arounds, etc. -- many unknown conditions. IPd RE: NEW HEARINGS VARIANCE 1862-89 - CUSTOM CRAFT CORPORATION: A proposed Variance to allow the expansion of an industrial building for storage use on a site which is non-conforming to current off-street parking standards. Subject property is located an the west side of Cypress Street between Collins and Walnut, addressed 640 North Cypress. NOTE: Negative Declaration 1295 has been prepared for this project. A staff report was not presented and the public hearing was opened. Applicant Randy Dalco, represented Custom Craft Corporation, 640 North Cypress, explained what they were trying to do to the property. There is a railroad spur used originally by Tubbs Cordage when they owned the building for storage of their materials when they came in on the railroad cars. They have no use for a railroad spur in their facility and it's a piece of property that is landlocked by the railroad. They do not have a use for it. They would like to pour a cement slab and build a wood cover storage with a sprinkler system on it. They would use it to store cardboard and wood materials. They build speakers, which takes a lot of storage. They do not have room inside their building for storage. At the same time it would incorporate more parking for their facility. Planning Commission Plinutes May 15, 1989 - Page 7 Commissioner Hart stated one of the requirements of a variance is to show a hardship. He has not heard of a hardship in this instance. He asked for a reason from the applicant to justify the Commission's granting them a variance. :sir. Delayo did not know of a hardship except his neighbors were allowed to build on their property out to the property lines. He feels they provide ample or better parking than their neighbors on that street. Chairman Bosch asked staff to read the applicant's letter to justify their request. Mr. Godlewski read items 1, 2 and ~ in the letter from Custom Craft, which were the applicant's answers to the Variance Application. The public hearing was closed. Commissioner Scott looked at the 1~legative Declaration regarding the shortage of parking. There is over a 40$ deficiency in parking. Them are no mitigating measures to correct the problem. Chairman Bosch said it appeared the applicant was in a catch 22 situation. He applauded the applicant for wanting to improve the situation by redeeming some of the parking currently utilized for off-loading outside storage, but it is not helping the Tatter overall by the tim? they are done. Commissioner Greek felt there was a tremendous shortage of parking spaces. Commissioner Hart stated that area was notorious for parking problems and he r_ould not sea adding to it. Chairman Bosch had difficulty in the findings of a hardship. He agreed there are many properties in the same area that don't meet current standards. However, the subject property is way short of code. Commissioner Hart said one of the things the Commission should be careful of is zeroing in on this one operation, crhich may be a different operation tomorrow with 200 employees. ^ioved by Commissioner Greek, seconded by Commissioner Scott, that the Planning Commission not accept the findings of the Planning Commission Minutes May 15, 1989 - Page 8 Environmental Review Board to file Negative Declaration 1295 because there was no provision made for the effect of additional shortage of parking. Environmental review should have included some mitigating circumstances that allowed for this extension. AYES: Commissioners Bosch, Greek, Hart, Scott NOES: None ABSENT: Commissioner Master MOTION CARRIED Moved by Commissioner Greek, seconded by Commissioner Scott., that the Planning Commission deny Variance 1862-$9. The Commission finds that no hardship exists that is caused by strict application of the Zoning Ordinance or special circumstances of the property. AYES: Commissioners Bosch, Greek, Hart, Scott NOES: None ABSENT: Commissioner Master MOTION CARRIED Mr. Godlewski explained the appeal process to the applicant. IN RE: ADJOURNMENT Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission adjourn to the next regular Planning Commission Meeting on June 5, 1989 with a study session at 6:30 p.m. and public hearing at 7:00 p.m. AYES: Commissioners Bosch, Greek, Hart, Scott NOES: None ABSENT: Commissioner Master MOTION CARRIED The meeting adjourned at 7:55 p.m. /sld