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HomeMy WebLinkAbout4/7/1986 - Minutes PCr PLANNING COMMISSION MINUTES City of Orange Orange, California April 7, 1986 Monday, 7:30 p.m. The regular meeting of the City of Orange Planning Commission was called to order by Chairman Mason at 7:30 p.m. PRESENT: Commissioners Mason, Greek, Hart, Master, Scott ABSENT: None STAFF Stan Soo-Hoo, Administrator of Current Planning and Commission PRESENT: Secretary; Jack McGee, Associate Planner; Gene Minshew, Assistant City Attorney; Bob von Schimmelmann, Senior Civil Engineer; and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE 0 IN RE: MINUTES OF March 17, 1986 Moved by .Commissioner Master, seconded by Commissioner Greek, that the minutes of March 17, 1986, be approved as recorded.. AYES: Commissioners Mason, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS ZONE CHANGE 1049 - SOUTHLAND CORPORATION Proposed zone change from C-P to C-1 for a 20,250-square foot lot located on the southeast corner of Katella Avenue and Cambridge Street. NOTE: Negative Declaration 1043 has been prepared for this project. Mr. Soo-Hoo made the presentation in accordance with the Staff Report and said Staff recommends denial because 1) the C~1 zone change has the potential to change the type, direction and character of community growth and development of the C-P Zone along Katella Avenue, and 2) the adverse effects associated with a high-intensity land use on Katella will adversely impact surrounding residential uses.. Chairman Mason opened the public hearing. n John Weeks, Southland Corporation., gave a brief history of the property, whvch had been used as a gas station until th~rowners decided to seek approval for the currently proposed project. He said the environmental impact analysis concluded in February, 1986, stated that the proposed zone change would not have an adverse effect on surrounding land uses or the general public. He showed some slides of the area. He said his company has four other similar operations in the City of Orange and in each location there are l Planning Commission Minutes April 7, 1986 Page Two residences closer to the site than would be in this instance. Carl Slater, owner of the property immediately adjacent on the south and east of the proposed project, said he would like to see the area remain in the C-P bone. He asked Mr. Weeks if Southland intends to get a liquor license for the proposed 7-11 Store. Mr. Weeks responded in the affirmative. Mr. Slater said he feels that would be a problem because of the school on Cambridge Street, and pointed out there is already a liquor store on another corner of the ~Katel~la and Cambridge intersection. Shirley Kadouh, owner of the property adjacent to Mr. Slater's property, said she agrees with Mr. Slater. Mr. Weeks said Southland went through all the. legal requirements regarding posting for the sale of alcoholic beverages and that all residents within 500 feet of the premises had been contacted and no complaints had been received. He also pointed out that a7 though it is required that a school within 200 feet of the premises be notified, the school on Cambridge is not within 200 feet. He said Southland is expert in the operation of convenience stores because it owns many in southern California, and therefore can provide the controls to alleviate the residents' concerns. Chairman Mason declared the public hearing closed. Commissioner Hart said he lives about three blocks away from an auto parts store, similar to that proposed on this property by Southland in addition to the convenience store, and he finds it objectionable because the customers do their auto repairs in the parking lot in front of the store. Commissioner Scott asked what would be the hours of the operation and Mr.,Weeks responded that it would remain open 24 hours a day. Moved by Commissioner Greek, seconded by Commissioner Master, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1043,, AYES: Commissioners Mason, Greek,-Hart, Master, Scott NOES: None MOTLON CARRIED Moved by Commissioner Greek, seconded by Commissioner Hart, that the Planning Commission deny the application for a zone change. AYES: Commissioners Mason, Greek, .Hart, Master, Scott NOES: None. MOTION CARRIED Commissioner Greek commented that although he thinks convenience stores are great, he feels they do not belong in a C-P Zone. Mr. Soo-Hoo pointed out that the decision of the Planning Commission to deny a zone change request is final unless it is appealed to the City Council within 15 days. r Planning Commission Minutes April 7, 1986 Page Three IN RE: NEW HEARINGS ORDINANCE AMENDMENT 3-86 - CITY OF ORANGE Proposed amendment to the Orange Municipal Code~Zoning Ordinance establishing land use regulations for the location of a premises to conduct the game of Bingo within the City of Orange. NOTE: Negative Declaration 1056 has been prepared for this project. Mr. Soo-Hoo made the presentation in accordance with the Staff. Memorandum. He said Staff recommends that the Negative Declaration be accepted and that the amendment be approved. He pointed out that the section number stated in the last paragraph of the Staff Memorandum is incorrect and should be "Section 17.92.010(L)," Chairman Mason opened the public hearing and, since there was no one present who wished: to speak on this matters she declared the public hearing closed. Moved by Commissioner Master, seconded by Commissioner Scott, that the Planning Commission accept the findings of .the Environmental Review Board to file Negative Declaration 1056. AYES: Commissioners Mason, Greek, Harts Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Master, seconded by Commissioner Scott, that the Planning Commission recommend that the City Council approve Ordinance Amendment 3-86 for the reasons stated in the Staff memo- randum, including the correction in the Section number. AYES:. Commissioners Mason, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: MISCELLANEOUS REQUEST FOR PARKING REDUCTION - BRANDMAN ASSOCIATES Request to reduce the amount of parking provided for a new retail building on the northwest corner of Tustin Street and Walnut Avenue. Mr. McGee made the presentation in accordance with the Staff Memorandum and said Staff recommends approval subject to its two conditions. Chairman Mason opened the public hearing. Q Susan Lindquist, Michael Brandman & Associates, .3140 Red Hill Avenue, Costa Mesa, said the applicant has read the Staff report, concurs with its findings and has no problems with its conditions. Planning Commission Minutes April 7, 1986 Page Four Chairman Mason declared the public hearing closed. Moved by Commissioner Master, seconded by Commissioner Hart, that the Planning Commission approved this request subject to the conditions recommended by Staff. AYES: Commissioners Mason, Greek, Hart, Master, Scott NOES: None MOTLON CARRIEp IN RE: MISCELLANEOUS AMENDMENT TO CONDITIONAL USE PERMIT 1400 .. TISHMAN Request to amend certain features of the previously-approved Conditional Use Permit 1400 for two l6-story office towers and parking structure located on the southwest corner of Town and Country Road and Lawson Way. Commissioner Greek asked to be excused due to possible conflict of interest. Mr. McGee made the presentation in accordance with the Staff Memorandum and said the ~pp1icant is requesting five modifications to the original plan; 1) relocation of handicap parking stalls, 2) two-foot increase in parking structure height, 3) provision of an elevator structure on the top level of the parking structure, 4) provision of a ten-foot setback for the parking structure on Lawson Way, and 5) reduction of the total parking provided from 2,880 stalls to 2,822, with an adjustment of the number of below- grade levels of parking between Phase I and Phase II to provide 1,235 stalls for Phase I and 1,587 for Phase II.. He said Staff recorrmends approval. Commissioner Scott pointed out that when this matter was first heard in March,. 1985, there was considerable input from adjacent property owners and asked if these persons had been apprised of the current request. Mr. McGee said adjustments had been made to alleviate the concerns made by those property owners last year and the changes now being proposed do not affect them but are on the other side of the proposed structure. Chairman Mason opened the public hearing. Behrouze Ehdaid, with Nadell Partnership, .architects, said one reason for moving the location of the handicap parking stalls is that they were near the fire lane; also, the move will allow the addition of landscaping and eliminate foot traffic from the area. He said the reason for the addition of an elevator mechanism structure on the © top 1eve1 of the parking structure is that with a structure of this height it is necessary for the elevator mechanism to be located at the top rather than in the basement. He presented another design to Planning Commission Minutes April 7, 1986 Page Five replace the one already submitted (and posted at the elevator structure. He said the new design 21 and 25 feet to the height of the structure. the hearing) for would add between Commissioner Hart asked if this would be within the Code. Mr. Soo-Hoo said the Zoning Code exempts mechanical buildings. He said the Planning Department had not been previously apprised of this new design and additional height request that was being submitted at this hearing. Mr. Minshew pointed out that the City of Santa Ana has been concerned with this property and this is a substantial deviation from the original submission. Mr. Soo-Hoo pointed out that the proposal on the agenda is for substantial compliance with the original use permit. Mr. Minshew said he feels that the difference in height might be getting out of the area of substantial compliance. Commissioner Hart asked why this is even being discussed if a mechanical structure is allowed by Code. Mr. Soo-Hoo said the Planning Commission has discretion in areas beyond the Code. Chairman Mason declared the public hearing closed. Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission consider the requested. changes to be essentially in conformance with the originally approved plan, which would include the relocation of handicap parking stalls, a two-foot increase in the parking structure height, a structure for the elevator mechanism on top of the parking structure up to a height of 25 feet, the provision for a ten~foot setback for the parking structure on Lawson Way, and reduction of the total parking provided from 2,880 stalls to 2,822 stalls. AYES: Commissioners Mason, Hart, Master, Scott NOES:. None ABSENT: Commissioner Greek MOTION CARRIED IN RE: MISCELLANEOUS GENERAL PLAN CONFORMANCE - ORANGE R-EDEVELOPMENT AGENCY Request that the expansion of the Southwest Redevelopment Area be found in conformance with the City General Plan. Commissioners Hart and Greek asked to be excused due to a possible conflict of interest. Ron Thompson, Director of the Redevelopment Agency, made the presentation. He said the conformity has been reviewed in depth by the Redevelopment Council, the Redevelopment Staff and the consultants for the Redevelopment Agency and they are of the opinion that the land use designation, highways, public facilities proposed, public improvement projects and development standards presented in the proposal for the redevelopment plan are consistent Planning Commission Minutes April 7, 1986 Page Six and conform to the City of Orange General Plan. He said it is therefore requested that the Planning Commission make any changes to the conformity report deemed appropriate and adopt the resolution that has been provided by the Planning Staff. In response to a question from Commissioner Master, Mr. Thompson said the Planning Commission will receive all of the Environmental Impact Reports and the Redevelopment Agency will discuss them with Planning Staff before any determination is made. Chairman Mason opened the public hearing. Robert Peterson, 360 Hollister Street, Orange, Chairman of the PAC Committee formed under the guidance of the City Council,-said that on the previous Wednesday the PAC Committee rejected the Southwest Redevelopment Project by a vote of five to four because it feels that many concerns have not been met by it and that it contains many contradictions as well as withholds various details from the public. He said several people in the Planning Department (whose names he would not mention) feel that the redevelopment plans are moving much too fast. He said there is a new General Plan in the works and he feels nothing should be done in the way of .redevelopment until the new General Plan is adopted. Mr. Thompson said Mr. Peterson staved that Mr. Peterson as Chairman of .the Project Area Committee was not authorized by that committee to manke any representation or presentation to the Planning Commission, although he has every right as a citizen to present his own .personal feelings. He said that the vote of the PAC Commi..ttee is being researched now to find out whether it is a legitimate vote or not, He said the PAC Committee is charged with reporting to the City Council not to the Planning Commission. He said that the redevelop- ment plans will be modified as the General Plan is amended from time to time. Mr. Thompson said the City of Anaheim has apphoved roughly 23,D00,000 square feet of development immediately adjacent to the City of Orange and much of that development will impact the circulation element, especially in the City of Orange. In fact, he said,.-the City of Anaheim is now in the process of a study to increase the 23,000,000 square feet of development to approximately 34,000,000+ square feet of development. He said he thinks it is time that the City of Orange not only update and amend its General Plan but also undertake land use strategy studies and move forward with its redevelopment plan in order to keep Anaheim from impacting the City of Orange. He requested that the Planning Commission find that the redevelopment plan and EIR conform with the city`s General Plan so they can move forward and be prepared to have the growth be an asset rather than a liability. Planning Commission Minutes April 7, 1986 Page Seven Chairman Mason declared the public hearing closed. Moved by Commissioner Mastery seconded by Commissioner Scott, that the Planning Commission approve the resolution finding that the proposed Redevelopment Rlan Amendment Number One to the Southwest Redevelopment Plan conforms to the General Plan for the City of Orange and recommend approval of the proposed Redevelopment Plan Amendment. AYES: Commissioners Mason, Master, Scott NOES: None ABSENT: Commissioners Greek, Hart MOTION CARRIED IN RE: MISCELLANEOUS FORMATION OF UNDERGROUND UTILITY DISTRICT N0, 9 Mr. von Schimmelmann informed the Planning Commission that there will be the formation of an underground utility district on Glassell Street between Maple Avenue and Collins Avenue, as proposed by the Department of Public Works. IN RE: MISCELLANEOUS EXCERPT FROM LOS ANGELES DAILY JOURNAL REGARDING COURT DECISIANS Mr. Soo-Hoo brought to the attention of the Planning Commission an excerpt from the Los An el es Dail Journal relating to Palmer vs. Cit of Ojai showing f at court decis-ions have-been very instrumental in s aping the parameters under which Planning Commissions operate in rendering land use decisions. He pointed out that in this case the State Court of Appeals caused a project to be automatically approved without City approval because the one-year time limit to process the application imposed by State law was exceeded.. He said he would keep the Commission informed of such cases in which the courts render land use related'determinations. IN RE: OTHER BUSINESS Chairman Mason said she met with President Smith of Chapman College to determine a time fora Study Session and they decided it should be held some time after the college has its meeting with the people in the neighborhood., which will be on April 14, as well as after the environmental impact report. After some discussion, it was decided to have this Study Session on April 28, at Chapman College. IN RE: ADJOURNMENT The meeting was adjourned at 9:30 p,m., to reconvene at a regular meeting on April 21, 1986, at the Civic Center Council Chambers, 300 East Chapman Avenue,-Orange,-California..