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HomeMy WebLinkAbout4/3/1989 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California April 3, 1989 Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: John Godlewski, Sr. Planner & Commission Secretary; Jack McGee, Administrator of Current Planning; Luis A. Rodriguez, Sr. Asst. City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF MARCH 13, 1989 AND MARCH 20, 1989 Moved by Commissioner Scott, seconded by Commissioner Hart, that the Minutes of March 13, 1989 and March 20, 1989 be -- approved as recorded. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSTAINED:Commissioners Greek, Master MOTION CARRIED IN RE: CONTINUED HEARINGS GENERAL PLAN AMENDMENT 2-89-B AND ZONE CHANGE 1107-89 - FAR HORIZONS MONTESSORI, INC.: A proposed General Plan Amendment from Low Density Residential to Office Professional, or other designation as deemed appropriate by the Planning Commission, and Zone Change application from PI and R-1-6 to OP (Office Professional), or other designation as deemed appropriate by the Planning Commission on property located on the west side of Main Street between Palm Avenue and Maple Avenue, addressed 264 North Main Street. NOTE: Negative Declaration 1280-89 has been prepared for this project. (Zone Change 1107-89 was continued from the April 3, 1989 Planning Commission Meeting.) Mr. Godlewski pointed out staff has received a number of phone calls in support of this application and also one letter, which was entered for the record. A staff report was not presented and the public hearing was opened. Planning Commission Minutes April 3, 1989 - Page 2 Applicant Nora Muller, 264 North Main, shared their background and motivation in seeking this change. Far Horizons Montessori began at that location in January, 1981 as a pre-school through junior high. They presently serve 160 students. The facility also provides day care services and operates between the hours of ?:00 a.m. to 6:00 p.m. They are requesting a Zone Change in order to allow them to re-finance to purchase the adjacent northwest piece of property to be used as a playground for their school.. They feel the change is appropriate since the property immediately to the north is zoned Office-Professional. They have no plans to alter their operation and the Zone Change would have no immediate impact. Those speaking in favor: Shaun O'Brien, 2661 Crestview Drive, Newport Beach. He works at Orange County Juvenile Court as an attorney. He spoke about the school and the plans for the increase in space they will use for the children. His children have been going to Far Horizons for the past four years. The school itself has been wonderful for the children. It is a school that is run by people who are dedicated to education. He thinks the change is necessary for their expansion and for the children. The children will have much needed space that they can use to play in. There would be no adverse impact to the surrounding area as far as he could see from reading the staff report. Lynda Thomas, 1850 Rose Avenue, said her son goes to Far Horizons School. The education of her son is of utmost importance and his being at Far Horizon has been very important because the ladies who own and run the school are very interested in education. The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council accept the findings of the Environmental Review Board to file Negative Declaration 1280-89. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council approve General Plan Amendment 2-89-B. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Planning Commission Minutes April 3, 1989 - Page 3 Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council approve Zone Change 1107-89. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS GENERAL PLAN AMENDMENT 2-89-A AND ZONE CBANGE 1108-89 - PIERCO DEVELOPMENT, INC.: A proposed General Plan Amendment from Local Commercial to High Density (15-24 units per acre, and a Zone Change from C-2 to R-4 (Residential Multiple Family) on property located on the south side of Lincoln Avenue midway between Glassell Street and Orange-Olive Road, addressed 400-500 East Lincoln Avenue. NOTE: Negative Declaration 1283-89 has been prepared for this project. Mr. Godlewski presented the staff report. The applicant is requesting a Zone Change from C-2 to R-4 and a General Plan Amendment to change the General Plan from Commercial to High Density Residential. The applicant is proposing to consolidate the site from four parcels into two and eventually build an apartment complex on the site. In 1964 City Council initiated action to change the south side of Lincoln from Glassell to Orange-Olive Road from the then zoning of M-1 and M-2 as an Industrial Zone to the C-2 Zone, which is on the property now in order to provide a buffer to the R-1 residential property to the south and the agricultural land that was further north. Since that time, the agricultural land has developed as condominiums and multi-family residential. In 1970 a City-initiated action was made to further down zone the C-2 property to Office Professional; however, it was eventually denied by Council because the residents came out and felt it would result in too many non-conforming commercial structures. The existing request would facilitate this property to develop as High Density Residential. The public hearing was opened. Applicant Dennis Paquette, representing Pierco Development, 14771 Plaza Drive ~G, Tustin, first looked at this property approximately six months ago. They looked at several uses for the property, all of which would conform to the existing zoning. But, because of the topography and economical Planning Commission Minutes April 3, 1989 - Page 4 demand, they are proposing High Density Residential. They feel they could live with the topography as it exists with this type of structure and would be adding to a much needed apartment supply in the City. They recognize the single family residences to the south were there first. They have tried to design their project around their needs, meeting all the setback requirements. Their privacy would be upheld in that there are no windows or balconies on the south side of the property overlooking their backyards. They are open to any other solutions if there are other problems with the buildings as they exist. Those speaking in favor: Fred Bigner, 2658 North River Trail. His business address is 376 East Lincoln. He feels the existing property is an eyesore to the City and really needs to be developed. He thinks the highest and best use of that property is multiple family dwellings. Tom Nenz, 736 East Lincoln, is originally bought the property costs became too inhibitive to and make the necessary repairs in their best interest to sell multiple family apartments wou an insurance agent. to build an office. recondition the old to make it conform. the property and he 1d be best. They The building It was feels Don Gavey, 18381 Santiago Boulevard, Villa Park, also shared the feelings about the property; it is not a very nice looking piece of property. The entire area should be upgraded. It would improve the general appearance of the area and would be a benefit to people living in the area. Those speaking in opposition: Ed Gooch, 429 East Dunton, lives at the back of the premises, which should have been torn down years ago. The place is an eyesore. Anything that could be built there would be better; however, 28 units is too much. Under the General Plan there will be no parking on Lincoln. In essence, the City is contradicting itself if this plan is approved. There will only be congestion. There has been nothing but trouble in the area. Additional police services will be required. He and his neighbors are against the apartment project. Richard Shumway, 419 East Dunton, has lived in his home 25 years and the traffic is terrible. The apartments will be less than a half block from the railroad tracks; it's an undesirable place for people to live. Manning Commission Minutes April 13, 1989 - Page 5 Wayne Schultz, 410 East Dunton, is not interested in the high density development along Lincoln. Lincoln is very well traveled. He would like to see the same zoning remain. Jose Torres, 501 East Dunton, lives behind Troy's. He felt anything would be an improvement at this time, but not an apartment complex. He explained about the mess that exists behind Troy's and it needs to be cleaned up. He felt the car ports needed to be extended along the back area of the blueprint so people would not jump over the fence. People will still be able to look over their fence if left as open space. Lupe Torres, 501 East Dunton, would prefer to see an office building instead of an apartment complex. They are trying to raise their children properly and trying to upgrade their property/neighborhood. Privacy would be lost and she fears people may try to jump over the fence into her yard. Mr. Gooch would appreciate consideration of senior housing instead of family apartments. He would also like to see Fletcher re-opened and feels his neighbors would be in favor of it. Rebuttal Mr. Paquette stated they did consider a commercial use; however, staff felt as far as traffic was concerned a commercial use would bring in up to 1200 trips per day into that area. They envision renting to upper class tenants for their two-bedroom units. They prefer young, double income families with one child as the ideal tenant. They have designed the property so that in the future it may become a security type complex. He is willing to make any changes that might be necessary regarding the height of fences. They looked at different uses for the site, but because of the topography most were not feasible. He feels the 28 unit apartment complex is the best use for the site. The public hearing was closed. Commissioner Master made an observation regarding the topography and the rear wall. Effectively it is a four foot wall although it shows a six foot wall from the low drainage grade. Some adjustment is warranted there. The drainage must be worked out also. Commissioner Scott agreed with Commissioner Master about the six foot wall. There would be no privacy for the neighbors. Commissioner Greek would like to throw away the site plan and recognize that it is a zone change only. Even though Planning Commission Minutes April 3, 1989 - Page 6 they do not agree with the site plan, they should not be looking at it. Zoning is the main issue. It seems like the zoning is a lesser intense use with less traffic and less problems. He felt the neighbors would be happier with a residential development instead of commercial development. Commissioner Scott asked what intensity the commercial development would be on this property? Mr. Godlewski responded it would probably be less than a 50,000 square foot building with maybe an opportunity of tucked under parking because of the topography of the site. Chairman Bosch agreed with Commissioner Greek relative to the site plan and also the land use intensity. He felt it was important to develop Lincoln Avenue for its potential traffic flow without any greater than necessary intrusion on the noise and privacy of the neighbors. He felt an open commercial use with an open parking lot would seem to add to the problems that are currently present. In addition to solving the site line and wall height problem by doing something with the rear wall, one resident mentioned the potential for looking at carports all the way across the back. There is a greater problem with regard to how the allowable density under zoning is applied to this particular piece of land without regard for configuration of the parcel and the impacts of Lincoln Avenue. He feels it would be a terrible environment the way it is presently designed. Commissioner Hart stated they were looking at a R-4 zone which would allow the density. What would a R-3 zone be for density? Does the Commission have an option of the R-3 over the R-4? The Commission discussed the options and senior housing. Commissioner Master felt because of the difficulty of the topography, it would be appropriate to entertain an intent to re-zone procedure. Before making a motion, Commissioner Hart stated approving a Negative Declaration does not mean that the zone change would be approved; it only means that if it were changed, there would be less of an impact than if it were built at the present zone. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council accept the findings of the Environmental Review Board to file Negative Declaration 1283-89. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Planning Commission Minutes April 3, 1989 - Page 7 Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council deny General Plan Amendment 2-89-A and Zone Change 1108-89 because the residential designation could not be reduced to an R-3 zone. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Master added that whatever zoning is attached to this application, at the Council level, that there be the intent to re-zone to whatever zoning applies to the property. Chairman Bosch asked staff to pass that request on to the City Council. The Commission felt this is a very sensitive site and is deserving of careful study. Mr. Godlewski informed the applicant and audience about the right to appeal within 15 days of Planning Commission action. Also, this item will automatically be heard before City Council. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1745-89 - IN-N-OUT BURGER: A proposed Conditional Use Permit to allow construction of a drive-thru restaurant on property located on the north side of Chapman Avenue, 500 feet east of Prospect Street. NOTE: Negative Declaration 1281-88 has been prepared for this project. A staff report was not presented and the public hearing was opened. Applicant Lee Laure, 13502 East Virginia, Baldwin Park, proposes to put up a drive-thru restaurant. The development was submitted December, 1987 by Benco Development and approved by the Design Review Board April 20, 1988. Their site plan does not deviate from Benco's submittal. They revised the exiting of the cars coming through the drive-thru. Landscaping will be taken care of by Benco. They have met the parking requirements and are providing 27 spaces. The public hearing was closed. Planning Commission Minutes April 3, 1989 - Page 8 'loved by Commissioner Scott, seconded by Commissioner Greek, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1281-88. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Scott, seconded by Commissioner Greek, that the Planning Commission approve Conditional Use Permit 1745-89 subject to the conditions as listed. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1747-89 AND TENTATIVE PARCEL MAP 89-149 - AMERICAN NATIONAL PROPERTIES: A proposed Conditional Use Permit and Tentative Parcel Map to allow the creation of 12 lots without direct street frontage on property located on the west side of Batavia Street between the Collins Flood Control Channel and Grove Avenue, addressed 2296 and 2292 North Batavia Street. NOTE: Negative Declaration 1282-89 has been prepared for this project. A staff report was not presented as there was no opposition. The public hearing was opened. Applicant Kevin Coleman, c/o Alpine Services, 1315 East St. Andrew Place #G, Santa Ana, represented American National Properties. The property is located off of Batavia Street, set back in a parcel map designed when it was in the unincorporated area of the County of Orange. It has the flood channel adjacent to it to the north; it has a strawberry field adjacent to it to the south. To the east and west is similarly developed properties. They are proposing to put in 12 commercial tilt-up buildings for industrial use with single, independent users in each building. He passed around a rendering of the project. The public hearing was closed. Commissioner Greek questioned the Negative Declaration statement that the site is currently paved and used as RV storage and development will not substantially change the Planning Commission Minutes April 3, 1989 - Page 9 existing condition and not have an impact on the environment. Development of the property is certainly going to create a lot more traffic than is existing now because of the vehicle storage. He feels no property in the Redevelopment Area should be subdivided. The intention of a Redevelopment Area is to try group properties together to form one large property to look for ultimate development. fie is opposed to this project. Commissioner Scott's concern is the length of the access -- the 30 foot wide easement -- 350 foot in length. It encompasses over 14 different property owners. It is very difficult to accept. Commissioner Hart said there was a problem now in keeping the streets clear and he couldn't imagine what it would be like to keep this place cleared out. It would be a tremendous enforcement problem. Commissioner Master said this was a high intensity development on small lots with narrow access. He thought that 30 foot easement would end up being a parking lot for someone. Chairman Bosch concurred with the other Commissioners with regard to the easement. This is carried far beyond the extremes of prudent planning and safe access. He couldn't see any way that the applicant could guarantee that potential owners or tenants could restrict vans and small vehicles for deliveries unless the small narrow access ways were blocked further. There may be an opportunity to work with the Flood Control District for an easement there in order to get adequate right-of-way for a proper street back into the property. And there are other options than this type of subdivision that knowingly creates ahead of time a hazard and a nuisance. Rebuttal Mr. Coleman stated it was two individual sites originally. It is an approved project as it stands. It is buildable into 12 buildings on two individual parcels approved by E.R.B. and D.R.B. The project is a C.U.P. and is for the benefit of future sales. They can develop and build this project as seen. It has the blessings of the Police and Fire Departments, Water Plant, sewers, and engineering. They have access to that 30 foot easement. It is controlled and owned by individual owners of that property. They have agreements with the neighbors to the west and they are looking forward to their development because they are bringing in public sewer at their expense. He explained the lot in front of them is owned and operated by a trucking Planning Commission Minutes April 3, 1989 - Page 10 firm who also has parking restrictions on that alley way. They have worked with the City Attorney's Office and Crime Prevention to draft up the maintenance and legal access for police cars to police and patrol the easement. The plan is in second plan check in the Building Department. Commissioner Hart does not believe this project is good planning. Chairman Bosch thought they should direct staff to look at this problem when they study the existing zoning ordinances. He understands that maybe permits can be pulled without subdividing the lot, but a good exercise in meeting the existing ordinance does not mean it is good planning. It will create future problems because of mixed ownership and a laxed control. Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission recommend the City Council deny the findings of the Environmental Review Board to file Negative Declaration 1282-89 based on the fact that the transition to this type of use will substantially increase the number of impacts on the property including traffic. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission recommend the City Council deny Conditional Use Permit 1747-89 and Tentative Parcel Map 89-149 for the reason that the necessary findings for Conditional Use Permit are not present and that development of the parcel as individual parcels of land may cause a detrimental impact to the surrounding property owners. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Greek would like to send an action from the Planning Commission to the Environmental Review Board with a dissertation about their feelings with this kind of intense development can create problems on a roadway and feel they should look closely at it in the future. Copies are to be sent to the City Council for information. Mr. Godlewski stated this item will automatically go to the City Council.. Planning Commission Minutes April 3, 1989 - Page 11 IN RE: NE41 HEARINGS CONDITIONAL USE PERMIT 1748-89 - DOMINICR INGRAFFIA: Chairman Bosch was excused from the meeting because of a potential conflict of interest. A proposed Conditional Use Permit application to allow the operation of a sandwich shop in the M-2 zone on property located on the east side of Batavia Street between Katella Avenue and Taft Avenue, addressed 1411 North Batavia, Suite 119. NOTE: This project is exempt from environment review. A staff report was not presented and the public hearing was opened. Applicant Dominick Ingraffia, 10212 Constitution, Huntington Beach, is opening a sandwich shop because of the need for one inside the office park. He has made a tentative menu and the shop will be called Why Not Us? Sandwich Shop. In regards to the staff report, conditions 6-13 have already been completed with the development of the property. The public hearing was closed. Moved by Commissioner Master, seconded by Commissioner Scott, that the Planning Commission approve Conditional Use Permit 1748-89 as per the attached conditions. AYES: Commissioners Greek, Hart, Master, Scott NOES: None ABSENT: Commissioner Bosch MOTION CARRIED Chairman Bosch returned to the meeting. IN RE: MISCELLANEOUS Orange County Transportation Commission's proposal for a 20 year Master Plan of Transportation Improvements - presented by the City of Orange Public Work's Department. Chairman Bosch informed Mr. Page the Commission had discussed his presentation before he arrived and determined they have seen or read the presentation and would like to address questions. Frank Page, Director of Public Works, thought they might want discussion regarding the difference in recommendations Planning Commission Minutes April 3, 1989 - Page 12 of the 20 year Master Plan by O.C.T.C. and the Split of Funds Committee of the League of Cities. The one of contention was how much should be distributed between the local roads and streets and the transit elements. He explained some of the features of both recommendations. It was apparent that the League was of the opinion it would be better to take a portion of the locally derived funds (15~) and put them into the growth management area pots. He said Councilwoman Coontz did not know if she has 3 votes on the Orange City Council in support of a sales tax. Commissioner Scott reported the Transportation Commission Committee endorsed the recommendation to the City Council that they supported the 1/2 cent tax unanimously. The recommendation was that it be used solely for transportation. But the definition of transportation was yet to be defined. In answer to Commissioner's Hart question regarding returning funds to the source, Mr. Page said it was discussed by the League's Split of Funds Committee. When they made their recommendation in December, 1987, they had come up with a formula that was based in part on where is the sales tax collected; and what is the population. That protected the sales tax generators, but it also ensured some funds would go to the other committees on a population basis. Commissioner Scott said it was also discussed the idea of distribution of 1/2 cent sales tax would parallel what the F.H.P. is doing now. Mr. Page stated that was correct. Projects would be brought forward on a project merit basis and on a local split. The Split of Funds Committee said it was tough to generate local match. Commissioner Scott asked Mr. Page to address the idea of O.C.T.C. getting involved vs. the County. Mr. Page explained the history of O.C.T.C. and the controversial recommendation of should the County continue to administer the M.P.A.H. for the County and also be the administrator of the Arterial Highway Financing Program Cooperative Projects or should that role go to O.C.T.C.? Discussion ensued about the buses, trains and the railroad, and the San Diego Trolley to Tijuana. Planning Commission Minutes April 3, 1989 - Page 13 Moved by Commissioner Scott, that the Planning Commission support the 1/2 cent tax for funds for local. and regional similar funding procedure th program, administered by the seconded by Commissioner Greek, recommend the City Council transportation, maximizing the streets; and following a at is presently under the H.F.P. County. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IPJ RE: ADJOURNMENT Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission adjourn to the next regular meeting of April 17, 1989 with a 6:30 p.m. administrative session and a 7:00 p.m. public hearing. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED The meeting adjourned at 9:00 p.m. /sld