Loading...
HomeMy WebLinkAbout2/4/1980 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California February 4, 1980 Monday, 7:30 p.m. The regular meeting of the Orange City Planning Commission was called to order by Chairman Coontz at 7:30 p.m. PRESENT: Commissioners Ault, Coontz, Hart, Master, Mickelson ABSENT: None STAFF Jere P. Murphy, Administrator of Current Planning and Commission PRESENT: Secretary; Stan Soo-Hoo, Associate Planner; Gary Johnson, City Engineer; Gene Minshew, Assistant City Attorney; Doris Ofsthun, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: IN RE: APPROVAL OF MINUTES FOR JANUARY 21, 1980: Moved by Commissioner Ault, seconded by Commissioner Nickelson to approve minutes as transmitted. AYES: Commissioners Ault, Coontz, Hart, Master, Mickelson NOES: None ABSENT: None MOTION CARRIED CONSENT CALENDER: None ITEMS TO BE CONTINUED OR WITHDRAWN: None IN RE: NEW HEARINGS: ZONE CHANGE 916 - SEVERS: Request for rezoning from R-1-6 to 0-P for property located at the southwest corner of Main Street and Palm Avenue. (Note: Negative 611 has been prepared in lieu of an Environmental Impact Report.) Mr. Murphy made the Staff's presentation on this application, explaining that the land being discussed for rezoning consists of 12 acres located on the southwest corner of Main Street and Palm Avenue. The site presently consists of two single family residences and a vacant lot owned by the Orange Unified School District. The surrounding zoning is 0-P and there is an existing fire station. To the west there is a junior high school and just beyond an elementary school. There are single family residences nearby. This applicant applied only for the corner parcel. However, Staff has expanded the request to include the parcels south and west, in order to include the entire property in the zone change, rather than break up the parcels with a continuation of R-1-6 in some areas and 0-P in others. The Orange Unified School District will be selling the site they own within two to three years and have agreed that 0-P would be acceptable to them. The conditional use permit was approved on January 7, 1980 to allow a private school (Montessori) to be built on the southern parcel. Staff is recommending that the two northern parcels be rezoned. Mr. Murphy then read a letter submitted by Mr. Joe Dickenson, Chairman of the H.O.M.E. Committee. The letter urged denial of the zone change as they feel it is detrimental to the neighborhood. The Staff felt that this portion of Main Street has a different character than other areas where there are single family residences. ti• Planning Commission Minutes February 4, 1980 Page Two The Chairman opened the public hearing. Gene K. Severs, 292 N. Main Street, owner of the property in question, and applicant for the zone change, addressed the Commission in favor of the zone change, stating that he felt that rezoning this entire block would ensure more continuity in that area. James Tetzlaff, 1304 Beverly, Orange, addressed the Commission, pointing out that the block in question still has a fire station, which will probably always be there, and there is also going to be a Montessori school built there. He felt that to rezone to 0-P would be spot zoning. As there was no one else to speak on this application, the Chairman closed the public hearing. Moved by Commissioner Ault, seconded by Commissioner Master that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 611. AYES: Commissioners, Ault, Coontz, Hart, Master, Mickelson NOES: None ABSENT: None MOTION CARRIED Moved by Commissioner Ault, seconded by Commissioner Hart that the Planning Commission recommend the requested zone change for the reasons set forth by Staff as follows: 1. The proposed rezoning is consistent with the City's adopted General Plan. 2. The proposed rezoning is compatible with surrounding land use and zoning. 3. The subject site, because of the lack of residential character on the west side of Main Street is more appropriate for office-professional use than for residential use. 4. The site has access to a primary arterial street. AYES: Commissioners Ault, Coontz, Hart, Master, Mickelson NOES: None ABSENT: None IN RE: ZONE CHANGE 918, CONDITIONAL USE PERMIT 1012, TENTATIVE TRACT 10995 - CENTURY AMERICAN CORPORATION: Request for rezoning from R-1-6 to R-D-6 and approval of a 45-unit Planned Unit Development on the south side of Chapman Avenue, east of Solana Drive. Note: Negative Declaration #582 was previously accepted and no further Environmental Review is required.) Commissioner Mickelson declared a conflict of interest because of the fact that he is doing some work for the applicant at this time. He felt, under the circumstances, that he should abstain from any dis- cussion and voting in this matter. Mr. Soo-Hoo made the Staff's presentation on this application. He pointed out that in November of 1979 a General Plan was approved for the site, which re-designated it from low density to medium density classification. He explained that the proposal here is to develop a 45-unit planned community on this site. This will include 13 two-bedroom units and 32 two-story three-bedroom units. The application is proposing 113 parking spaces, 90 enclosed in garages .w Planning Commission Minutes February 4, 1980 Page Three and 23 open spaces. This is in compliance with the ordinance require- ments for this property. The density proposed is 10.71 units per acre, which is also in compliance with the development standard, allowing 10.89. Since this plan meets all development criteria contained in the Municipal Code, the Staff is recommending that the project be approved. The Chairman opened the public hearing. Barry Cottle, 1440 Chapman, representing Century American Corporation, spoke in favor of the application. Richard Harris, 4900 E. Chapman, Unit #50 (Orange Lakes) spoke in opposition to the application. He was concerned, not with the development itself, as he would like to see development on that parcel of land, but his major concern was the fact that there has been great flooding in that area and more may occur, creating a lack of water shed. He wondered why there was no environmental impact report. He also pointed out that the traffic on Chapman Avenue is at its peak right now and adding this many more people to this area will only create more traffic problems. He was also concerned with the possibility of this development creating a tenant problem and he went on to explain about the problems being experienced by the residents of Orange Lakes right now as far as vandalism, outsiders using their development's pool and tennis courts and that he felt if the development would be rented out rather than owner-occupied, it would only create more problems in the entire area. As a concerned homeowner, he is unhappy about two story units blocking his view of the hills. Chairman Coontz pointed out that there is now a security ordinance to protect people in buildings such as Orange Lakes. There was assurance that the development in question will be secure. Gary Johnson stated that he is aware of the problems with drainage in that area. He felt that the main problem is one of clogged drains - trash covering up entries to the drains. He felt that when this development is completed, that problem will be eliminated. The city will also require the developer to have maximum size pipes, which will help the flooding situation. As far as traffic on Chapman Avenue is concerned, Mr. Johnson agreed that this is a problem. They are looking ultimately at 50,000 cars a day on this street, since this is the only viable way in and out of east Orange. He didn't feel that this one development would create insurmountable problems. William Zschernig, 10092 Overhill Drive, Santa Ana, addressed the Commission in opposition to the application. He explained that he owns Complex #46 in Orange Lakes and is concerned about an Environ- mental Impact Report. He said he was glad to see development of that parcel of land, but is concerned about the flooding in that area. His feeling is that the drains are not clogged, as Mr. Johnson suggested, but that they just cannot take the water when it comes. He stated that this last heavy rain was the third time that his complex was flooded out. He questioned whether this problem was going to be taken care of. Mr. Johnson explained in more detail the problems in that area regarding flooding and what can or will be done about them. Mr. Zschernig countered with the fact that during the last rain about 8 units, including his, went under water. This was at 1:00 p.m. At approximately 10:00 p.m. the sewer system flooded again. He called Flood Control and he was assured that someone was there taking care of it. However, no one was there. When they finally came, they did nothing about the situation. Planning Commission Minutes February 4, 1980 Page Four Chairman Coontz questioned Mr. Johnson regarding this situation and he explained just what the city is responsible for doing with regard to a flood problem. Chairman Coontz requested Mr. Johnson to look into the problem in this area. She asked that he check with the Flood Control District on it. Barry Cottle explained that they will be putting streets in, directing the water flow. Hopefully this problem will be alleviated. Marilyn Zschernig, 10092 Overhil] Drive, Santa Ana, asked for clarification on some of the items regarding this project. She asked if the utility lines for it will be underground. She explained that along Solana Drive there are wooden poles with lines, which are very unattractive. She also wanted to know if there would be ingress and egress on Chapman Avenue. Commissioner Master explained that this will eventually be a cul de sac and the utilities will be under- ground. She also went into the flooding situation and Mr. Johnson stated that he was not aware of the serious flooding problem this year. He has known about it in previous years, but not at this time. He explained that John French worked with this situation and there should be a report on the flooding of the units. The public hearing was closed, there being no other persons to speak to this issue. Commissioner Master moved, seconded by Commissioner Hart, to recommend approval of Zone Chage 918, Conditional Use Permit 1012, Tentative Tract 10995, from R-1-6 to R-D-6, for reasons as outlined by the Staff . AYES: Commissioners Ault, Coontz, Hart, Master NOES: None ABSENT: None ABSTAIN: Commissioner Mickelson POTION CARRIED IN RE: MISCELLANEOUS ITEMS: DISCUSSION OF DEVELOP~1ENT STANDARDS FOR DOG KENNELS: This discussion was continued from the last Planning Commission meeting on January 21, 1980, in order that presentation might be modified for corrections and changes in the Staff report. Changes requested were to modify #3 under Conditional Use Guidelines with reference to Sound Attenuation, and also #4 regarding methods of cooling. Chairman Coontz felt that under the "General Provisions" section on page three, there was a problem with the general outline. She felt that where it states: "...The following standards are mandatory requirements of all kennels:" that this statement should be part of the section under General Provisions, as all of the sections under (a) and (b) come under the General Provisions. Commissioner Ault commented that he was still rather disturbed over the whole situation, particularly the statement that only 30% of the entire space can be used for the kennel. He felt that the whole ordinance is aimed particularly at Aarf Bark and the kennel next door to it. He wondered what would happen when a new kennel operator comes to town and doesn't plan to put in a house along with his kennel. He felt that the ordinance needs to be rewritten -- dog kennels are forbidden in the city of Orange. Planning Commission Meeting February 4, 1980 Page Five Chairman Coontz stated that these should be guidelines - not an ordinance. Guidelines are not mandatory. She agreed that it would be difficult to read this whole thing and understand it. It was explained that the four statements on page 1 do not go into the ordinance. Mr. Murphy stated that there must property. Mandatory requirements premises at all times. be a residence located on the state that someone must be on the Commissioner Mickelson felt that the "shalls" and "musts" ought to be changed to "shoulds". "Shall" or "Must" should not be used where the statement is not mandatory. He also felt that the paragraph on "Sound Attenuation" should be moved into the mandatory section, rather than under the guidelines. He wondered if there are separate standards in the sound ordinance if the kennel is near a residential area rather than an industrial area. Mr. Murphy thought that the ordinance applied only to residential areas. Commissioner Mickelson felt that, in that case, paragraph 3 on page 2 should perhaps be a paragraph "d" under the mandatory requirements. Chairman Coontz felt that 30% is a valid statement, since the figure of 200 dogs is also mentioned. After discussion, it was decided that changes should be that all "shalls" in the guidelines portion be changed to "shoulds"; Item 3 on page 2 should be removed and placed as Item "d" in the mandatory section on page 4 and the General Provisions should be identified as mandatory. Commissioner Mickelson moved, seconded by Commissioner Ault, to make these recommendations to the City Council. AYES: Commissioners Ault, Coontz, Hart, Master, Mickelson NOES: None Absent: None MOTION CARRIED IN RE: REVIEW OF PROPOSAL TO INSTALL AQUA TUBE AT THE NORTHEAST CORNER OF CHAPMAN AVENUE AND WAYFIELD STREET IN CONJUNCTION WITH AN EXISTING SKATE BOARD PARK (REFERENCE CONDITIONAL USE PERMIT 873.) Staff has reviewed this application with the applicant and feels that the aqua tube will be higher than the original plan for the skateboard park and feels that the applicant should file a new application for the water slide. John McGuire, 157 N. l~layfield, representing the Big 0, addressed the Commission in favor of this proposal. He explained that when the hi-ball games (which were enclosed trampolines in which to play volleyball) were installed, they talked to the licensing department and got a business license at the time. This was a temporary structure so they did not get a conditional use permit. The structure is actually above the ground. In August of 1977 they got a conditional use permit, licensing them as a private recreational facility. He pointed out that the balance of the park will not be changed in any manner. The improvement they are talking about is not a change - but an improvement. It is portable and can be taken down. This improvement is not a change in the basic nature of the original plans for the park. They have talked to a fire captain in terms of safety and expect to work with other agencies in light of improvement. Commissioner Ault questioned the plot plan. It was explained how the slide will go. Part of the skateboard area will be modified. Only one run will be affected. Bleachers are inside of the park around a capsule bowl. Occasionally they have contests and then the seating is appropriate. The bleachers were basically left as a kind of storage situation. Planning Commission Minutes February 4, 1980 page Six Chairman Coontz questioned whether the city could have a problem because the bleachers were not a part of the site plan which was approved. Mr. Murphy felt that the question was not one of legality - but one of appropriateness. Commissioner Master concurred with Staff in this situation. He felt that there were two specific plans studied for the premises. He didn't feel that it was approved as a general recreational park. Mr. McGuire explained that there has been a downturn in skateboarding - therefore he does not see a traffic problem when the slide is installed. Upon a discussion of traffic and possible parking problems, there was concern that if there is a traffic problem then the Commission owes it to the people interested in the original plan to be able to see this plan. Commissioner Hart felt that recreational park covers too many different uses and to say that we approve this as a general recreational activity is questionable. Mr. McGuire stated that the company had had a traffic study done and they came up with 162 people per hour for the skateboard park. That figure has gone down considerably as its popularity has faded. He does not believe there have been any complaints about parking problems. He feels this type of recreation is compatible to what they already have there. Commissioner Ault felt that the idea of the aqua slide didn't seem too farfetched an addition to the recreational park and that the city of Orange could probably use it. He didn't feel that the Commission should make this difficult for the applicant. Commissioner Nickelson agreed with Staff recommendation, but also saw good in what Commissioner Ault stated. He felt that a conditional use permit would be for the benefit of notifying adjacent property owners of what is going on in this area and they would have the opportunity to speak against it, if they wished. He felt that he would like to see a complete Staff report and review of this entire recreation site with a revised site plan. Commissioner Hart was concerned about the fact that a hearing was held for the skateboard park. If the use is changed, we owe it to the people in the neighborhood to have a public hearing. Terry Wolf, 157 N. Wayfield, addressed the Commission in favor of this proposal. He stated that the original proposal was to change a vacant lot into a recreational use and a conditional use permit was issued on it. They are anxious to move ahead on the project because summer is coming and they would like to have it ready for that time. Commissioner Coontz suggested that Staff should have had more information on this project. Mr. Wolf explained why there was a delay in getting to the Staff with their plans. They are very interested in providing Staff with as much information as possible. Moved by Commissioner P,ult to approve this request to add additional equipment to the park. Motion died for lack of a second. Moved by Commissioner Master, seconded by Commissioner Hart directing applicant to file a new application for a conditional use permit. AYES: Commissioners Coontz, Hart, Master, Nickelson NOES: Commissioner Ault ABSENT: None MOTION CARRIED Planning Commission Minutes February 4, 1980 Page Seven Mr. McGuire questioned when the soonest feasible date would be for a public hearing on this application and was told that March 17 would be the soonest it could be heard. IN RE: CITIZEN OF THE YEAR AWARD TO COMMISSIONER CGONTZ: Commissioner Hart brought to the attention of the Commission the fact that Chairman Coontz had just been elected Citizen of the year. She was congratulated by all on her accomplishment. IN RE: ADJOURNMENT: Moved by Commissioner Master, seconded by Commissioner Ault, to adjourn the meeting at 9:00 p.m. to reconvene at 7:30 p.m. on Wednesday, February 20, 1980 at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California. AYES: Commissioners Ault, Coontz, Hart, Master, Mickelson NOES: None ABSENT: None ~J d STATE OF CALIFORNIA ) ) SS. AFFIDAVIT OF POSTING ORDER COUNTY OF ORANGE ) OF ADJOURNMENT Jere Murphy, being first duly sworn, deposes and says: That I am the duly chosen, qualified and acting secretary of the Planning Commission of the City of Orange, that the regular meeting of the Planning Commission of the City of Orange herd on February 4, 1980, said meeting was ordered and adjourned to the time and place specified in the order of adjournment attached hereto; that on February 5, 1980 at the hour of 1:30 p.m., I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of February ~, 1980 was held. ~~ i l J EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE ORANGE CITY PLAfJNING COP1MISSION HELD ON FEBRUARY ~, 1980. The regular meeting of the Orange City Planning Commission was called to order by Chairman Coontz at 7:30 p.m. PRESENT: Commissioners Ault, Coontz, Hart, Master, Mickelson ABSENT: None P1oved by Commissioner Plaster, seconded by Commissioner Ault that this meeting adjourn at 9:00 p.m. on Monday, February 4, 1980 to reconvene at 7:30 p.m. tJednesday, February 20, 1980 at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, California. I, Jere Murphy, Secretary to the Orange Planning Commission, Orange, California, do hereby certify that the foregoing is a true, full and correct copy of that portion of the minutes of a regular meeting of the Planning Commission held on Monday, February 4, 1980. Dated this 5th day of February, 1980 at 1:00 p.m. per r~urpny, t,i ty r' i anner ~' Secretary to he Planning Commission of the City. ofjOrange.