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HomeMy WebLinkAbout2/23/1983 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California February 23, 1983 Wednesday, 7:30 p.m. The regular meeting of the Orange City Planning Commission was called to order by Vice-Chairman Master at 7:30 p.m. PRESENT: Commissioners Coontz, Master, Nickelson ABSENT: Commissioners Hart, Vasquez STAFF Jere P. Murphy, Administrator of Current Planning and Commission PRESENT: Secretary; Norvin Lanz, Associate Planner; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Doris Ofsthun, Recording Secretary . PLEDGE OF ALLEGIANCE IN RE: APPROVAL OF MINUTES FOR FEBRUARY 7, 1983 Regarding page 5, paragraph 8 of the minutes, Commissioner Coontz asked that the word "not" be inserted in the sentence: "Commissioner Coontz did not see the necessity of going through ...", rather than "Commissioner Coontz saw the necessity of going through..." Moved by Commissioner M,ickelson, seconded by Commissioner Coontz to accept the minutes for February 7, 1983, as corrected. AYES: Commissioners Coontz, Master, Nickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN: ZONE CHANGE 994 - CITY OF ORANGE: A proposal to rezone from the M-1 (Light Manufacturing) District to the MH (Mobile Home) District on land located on the north side of Rampart Street approximately 400± feet east of tiie centerline of State College Blvd. (300 North Rampart Street, Park Royale P~obile Home Park). (NOTE: This project is exempt from Environmental Review.) Jere Murphy explained to the Commissioners that a request had been received from Donald C. Caskey, Vice President & Trust Officer of the Wells Fargo Bank, trustee for the property in question, asking for a continuance of this item to March 21, 1983, the reason for the request being that their Trust Real Estate Department recently moved their offices and apparently the mail was not forwarded in a timely manner so that they had time enough to consider this zone change with their counsel representing the trust. Since they intend to oppose this proposed zone change for a number of reasons, they require time to study the situation and prepare the presentation of their views. Vice-Chairman Master polled the audience to find out how many were attending the meeting to hear this item and it was discovered that most of the peopld in the audience (more than half of the auditorium was filled) were there for this agenda item. r Ernest Johnson, 300 Homeowner's Associa the Commission and, would be willing to they would agree to clarification as to PLANNING COMMISSION MINUTES N. Rampart, Space 202, Orange, President of the tion for Park Royale Mobile Home Park, addressed after polling the audience to find out how many come back for a hearing on March 21st, said that a continuance in the matter. He asked for further exactly what will take place at that hearing. Commissioner Coontz suggested that the Staff Report be presented and then the .people could decide. Mr. Murphy explained that on May 18, 1982, the City Council adopted Urgency Ordinance No. 15-82, prohibiting the conversion of any mobile home park to any other use pending completion of a study on the appropriate land use provisions which should be applied to all mobile home parks. At the same hearing, the City Council directed Staff to Planning Commission Minutes February 23, 7983 Page Two commence public hearings to rezone existing mobile home parks to the mobile home district. Mr. Murphy pointed out that this rezone action is the ninth of nine mobile home park rezone actions on existing parks in the City. He also pointed out that the outcome could be different on each of the individual parks. Mr. Murphy further explained that not only would the Planning Commission be expected to make a decision on rezoning the individual mobile home parks, but they would pass a recommendation on to the City Council, the City Council then holding a similar public hearing and making the final determination. The purpose is to consider rezoning all of the mobile home parks existing in the city from their present zoning to mobile home park zoning. Don Caskey, Trust Officer and Vice President with Wells Fargo Bank, addressed the Commission, explaining that he had been asked to request a continuance because they did not receive notice in time to go over it. They do intend to oppose the rezoning to mobile home zoning. Mr. Johnson again addressed the Commission and said that they would be in favor of a continuance to March 21, 1983 and in favor of the zone change. Mr. Bartlett, agent for Park Royale Mobile Home Park and representing the leaseholder of the land, explained that they hold a lease on the land itself until the year 2010. At this time the leaseholder has no desire or intention of doing any kind of conversion or doing anything other than keeping it a mobile home park. He pointed out that the individual leases are for a period of one year. He also pointed out an error in the Staff Report, the lease having 26 years to run, not 17 as stated in the Staff Report. Moved by Commissioner Mickelson, seconded by Commissioner Coontz to continue this item to March 21, 1983, feeling that the request is reasonable under the circumstances, since the City of Orange in- stigated the zone change, not the landowner. AYES: Commissioners Coontz, Master, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED NEW HEARINGS: CONDITIONAL USE PERMIT 1257 - NAUGLES, INC. A request to construct a drive-thru restaurant on property located on the south side of Lincoln Avenue approximately 300± feet west of the centerline of Tustin Street. (NOTE: Negative Declaration 817 has been filed in lieu of an Environmental Impact Report. CONDITIONAL USE PERMIT 1261 -BURGER KING CORPORATION: A request to construct a drive-in restaurant on property located on the west side of Tustin Street, approximately 200± feet south of the centerline of Lincoln Avenue. (NOTE: Negative Declaration 820 has been filed in lieu of an Environmental Impact Report.) Since these two agenda items relate to the same shopping center and are almost identical, it was decided that the Staff Reports '~ be presented together. Planning Commission Minutes February 23, 1983 Page Three Norvin Lanz presented these application, stating that the property contains 10.13 acres of land and is located at the southwest corner of Tustin Street and Lincoln Avenue (2650-2690 North Tustin). It is developed as an integrated commercial shopping center and is zoned C-1 (Local Commercial) District. Mr. Lanz explained that the applicant (Naugles, Inc.) requests approval of Conditional Use Permit 1257 to develop a drive-thru restaurant containing 2,150 square feet on the subject property. Section 17.44.020(E) of the Orange Municipal Code allows such use subject to the granting of a Conditional Use Permit. The proposed development would include a fast food restaurant with drive-thru service, 18 parking stalls and a trash area. Simultaneously with this application, Burger-King Corporation requests approval of Conditional Use Permit 1261 to develop a drive-thru restaurant con- taining 1,960 square feet on the subject property. This proposed developmen t would include a fast food restaurant with drive-thru service. Mr. Lanz pointed out that the parking situation for the property (Olive Court Center) has been assessed to determine the amount of available parking for the proposed Burger King and Naugles restaurants. Staff has reviewed the proposals and has the following concerns: A. The drive-thru exit of the Burger-King Restaurant at the northwest area of the proposal does not provide an adequate turning radius to make the "U" turn maneuver required to exit the shopping center driveway to Tustin Avenue. B. All allowable pole signs and pole sign area have been taken up by the major tenants of the shopping center. C. The center's parking area should be restriped to provide five (5) additional handicapped spaces fora total of 8 spaces. D. With the 15% allowable reduction in required parking spaces for an integrated center, a parking problem may develop due to the lack of use of the southwest lot (87 spaces), unless tenants and their employees are required to park in this area. E. The landscaping around the Burger King site should be reviewed for safety and visibility at entrances and exits. F. The parking spaces along the west side of the proposed Burger King building are substandard in length - 17 feet (the require- ment is 22 feet). This, however, can be modified since the driveway depicted on the plan is 6 feet wider than the City required width. G. The northern three parking spaces along the existing drive/ approach off Lincoln Avenue may cause serious traffic safety problems. H. The proposed circulation of the Naugles drive-thru will cause car lights to be pointed directly at the second floor of the residential unit adjacent to the west. Noise from conversations at the speaker box and take-out windows may interfere with the residential comfort of the neighboring unit, especially due to the fact that most Naugles are 24-hour operations, unless mitigated by screenwalls and/or landscaping. I. That one handicapped space should be provided on the Naugles site. Planning Commission Minutes February 23, 1983 Page Four Regarding Naugles, Inc., it is recommended that the findings of the Environmental Review Board to file Negative Declaration 817 be accepted. Staff recommends approval of Conditional Use Permit 1257 for three reasons: 1. The proposal is compatible with the surrounding land uses and zoning. 2. The proposal is consistent with the Land Use Element of the General Plan. 3. The proposal will be compatible with the surrounding land uses with the adoption of the recommended special and standard conditions. Approval of Conditional Use Permit 1257 is recommended, subject to the 5 special and 12 standard conditions listed in the Staff Report. Regarding Burger King Corporation, it is recormmended that the findings of the Environmental Review Board to file Negative Declaration 820 be accepted. Staff recommends approval of Conditional Use Permit 1261 for two reasons: 1. The proposal is compatible with the surrounding land uses and zoning. 2. The proposal is consistent with the Land Use Element of the General Plan. Approval of Conditional Use Permit 1261 is recommended, subject to the 5 special and 10 standard conditions listed in the Staff Report. Commissioner Mickelson commented in regard to the Staff's concern for the "island" on this property and the restricted turning ability of vehicles in that area, pointing out that there are similar islands at the Orange .Mall which do not seem to create a problem. Commissioner ~~1aster asked for more clarification with regard to Staff's comments about signage. Mr. Lanz explained that neither applicant is asking for signing at this time. He pointed out that this shopping center was built about 20 years ago and today there is insufficient signage available for all of the tenants. Their comments are merely a note of the problem and to make the applicants aware that there could be a problem in this area. Vice-Chairman Master opened the public hearing. Gary Bose, CRHL, Inc. 560 W. 1st Street, Tustin, architects for Naugles, Inc., addressed the Commission in favor of their application. He stated that they have worked extensively with Mr. Dennis of the Traffic Department and the plan before the Commission at this time seems to be the best one as far as traffic circulation is concerned. He said that they have no objection to taking out the three parking spaces mentioned in the Staff Report. He also pointed out that they have provided in the plans fora three-foot high block wall to mitigate the headlight problems for the neighboring residents. He furtr~er pointed out that the location of the order board is such that speaker noise would be directed away from the neighboring residences and more toward Lincoln. He felt that they can work out these problems with the Design Review Board. Planning Commission Minutes February 23, 1983 Page Five Commissioner Coontz asked about the hours of operation and was tola that Naugles is a 24-hour operation. There being no one else to speak for or against this application, the Vice-Chairman closed the public hearing. Commissioner Coontz expressed concern over the fact that this is a 24-hour operation and Staff's comments about headlights shining in the direction of second floor residences. Commissioner hiickelson pointed out that the applicant has said that they would be willing to place a 3-foot wall in that area to mitigate the situation. He did not know about the noise problem. Moved by Commissioner Mickelson, seconded by Commissioner Coontz to accept the findings of the Environmental Review Board to file Negative Declaration 817. AYES: Commissioners Coontz, plaster, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED gloved by Commissioner t+lickelson, seconded by Commissioner Master to approve Conditional Use Permit 1257 for reasons as stated by Staff and subject to the 5 special and 7 standard conditions listed in the Staff Report, adding to Special Condition #1 ...address the lighting, especiaZZy car Zighting not to be directed towards the residences..." 'and also "that the Zighting plan be reviewed by the Design Revzew Board. AYES: Commissioners Master, Mickelson NOES: Commissioner Coontz ABSENT: Commissioners Hart, Vasquez MOTION CARRIED Commissioner Coontz indicated that problems which are developing because of this application she did not feel were being properly solved at the point of thE:ir seeing the application. She was not sure that the Design Review Board can solve these problems: to pick the employee parking lot which would be so far from place of employment; this would require lighting which may have to be changed and cannot be at the level it should be for their safety, because of the residences which adjoin the parking lot; and the other problems which were discussed, i.e. noise, car lights, etc. She did not think these problems are adequately solved at this point. Regarding Conditional Use Permit 1261, Burger King Corporation, Vice-Chairman Master opened the public hearing. Al Schroeder, 1503 South Coast Drive, Costa Mesa, representing Burger King Corporation, addressed the Commission in favor of this application. He explained that the finger which appears to be a problem on the property will be redesigned. They have been in contact with the owner of the property and he has assured them that letters have been sent out to a71 owners of the property asking them to have their employees park in the back of the property. Reworking of parking in front of their building will also be accomplished. He pointed out that there is also additional parking behind Safeway which could be used for employee parking. This has not been taken into consideration for total parking and with this there would be more than sufficient parking for the entire center. The Commissioners pointed out that the parking in back of the Safeway store is considered to be very unsafe. Planning Commission Minutes February 23, 1983 Page Six l~ Mr. Schroeder brought up the five additional handicapped parking stalls mentioned in the Staff Report and asked for clarification on this. hir, Lanz explained that there are 25 additional parking spaces in the center itself and, in analyzing the entire parking situation based on the state laws, five additional handicapped stalls would be required. In order to put these in, some of the 25 existing stalls would have to be eliminated. Therefore, restriping involves adding in the additional five handicapped parking spaces in order to obey the recent law. Mr. Schroeder asked about using compact spaces to alleviate restriping the entire parking lot and was told this was OK. Commissioner asked for more clarification regarding restriping for the additional handicapped parking, stating that this was a little difficult to understand. It was explained that five additional handi- capped-parking spaces would be needed throughout the entire center. Therefore, although this application is for just part of the property, the landowner must provide those additional spaces because of this application. Vice-Chairman Master closed the public hearing, there being no one else to speak for or against the application. Moved by Commissioner Coontz, seconded by Commissioner Mickelson to accept the findings of the Environmental Review Board to file Negative Declaration 820. AYES: Commissioners Coontz, Master, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED Moved by Commissioner Coontz, seconded by Commissioner Mickelson to approve Conditional Use Permit 1261 for reasons as stated by Staff and subject to the 5 special and 10 standard conditions listed in the Staff Report, with the same modif ication to Special Condition #5 as stated in the previous application. AYES: Commissioners Coontz, Master, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED TENTATIVE TRACT 11915, CONDITIONAL USE PERMIT 1259 - 504 WEST CHAPMAN PARTNERS: A request to subdivide airspace to allow the sale of 22 light industrial condominium units from existing office/industrial units on land located on the south side of Chapman Avenue west of the A.T. & S.F. railroad right-of-way (504 West Chapman Avenue.) Norvin Lanz presented this application to the Commission, stating that the property contains 1.91 .acres of land located between Chapman Avenue and Almond Avenue adjacent to the west side of the A.T. & S.F, railroad right-of-way. It has approximately 95 feet of primary frontage on Chapman Avenue and approximately 165 feet of secondary frontage on Almond Avenue. The property contains existing office/industrial units. Mr. Lanz pointed out that the project area surrounds a 9660 square foot parcel approximately located in the northwest corner of the site with commercial (furniture, telephone exchange) businesses zoned (C-2) General Business district. The applicant proposes to subdivide airspace to allow the sale of 22 light industrial condominium units from existing office/industrial units. lJ Planning Commission Minutes February 23, 1983 Page Seven The Staff has reviewed the proposal and expressed several concerns: A. That the easternmost access driveway on Chapman Avenue should be widened to a minimum of 25" and preferably 30'. U. That one trash enclosure should be provided for approximately every three units. C. That an on-site fire hydrant could be necessary due to the 594' length of the site. D. That the current overparking of the driveway/alley along the west property line coupled with the minimum upkeep of the buildings and grounds should require a community .association to maintain the appearance of the site and protect the rights of each owner/user. Staff recommends approval of Tentative Tract 11915 for two reasons: (1) that the proposal is consistent with the provisions of the City of Orange Zoning Ordinance; and (2) that the proposal is consistent with the Orange General Plan, approval being recommended subject to the six special conditions listed in the Staff Report. Staff further recommends approval of Conditional Use Permit 1259 for two reasons: (1) that the proposal is compatible with the surrounding land uses and zining; and (2) that the proposal is in conformance with the intent of the General Plan, approval being recommended subject to the 3 special and 11 standard conditions listed in the Staff Report. Commissioner Mickelson asked that the word "dwelling" be deleted from Condition #13~ said word perhaps giving. the impression that these might be residences, which is not the case. Vice-Chairman Master opened the public hearing. Uruce Duncan, 1030 N, Main, Orange, representing the applicant, addressed the Commission in favor of this application. He stated that they concur with the Staff Report, but would like to amend Condition #9, referring to afire protection system.- They agree that it is wise to have afire hydrant somewhere on the property, but they have a problem with a suggested sprinkler system, as it would be very expensive and eat up their profits on the buildings. He explained that these buildings are concrete tilt ups and do not neet this extra protection. lair. Murphy explained that this is a standard condition and there are other methods of fire protection which could be used other than a sprinkler system. This can be worked out with the Fire Department. Vice-Chairman Master explained that this would not be a decision made by the Commission. It would be up to the Fire Department. Mr. Duncan said that they would be willing to work with the Fire Department to come up with alternatives. Vice-Chairman Master explained that it is imperative that fire protection systems should be adequate. There being no one else to speak for or against this application, the Vice-Chairman closed the public hearing. Commissioner Mickelson made some comments with regard to Condition #9, stating that unless the Code has been recently changed, it was his guess that they would probably not have to sprinkle their buildings. He did feel that only the Council could tackle the question of eliminating sprinklers from that condition. He thought that if the Commissioners were to approve the Conditional-Use Permit, perhaps the applicants could spend the next 15 days resolving this question with the Fire Department, so that in the event it is not resolved, they could appeal to the Council at the time this item comes before them. Planning Commission Minutes February 23, 1983 Page Eight Moved by Commissioner Mickelson, seconded by Commissioner Coontz to recommend approval of Tentative Tract 11915 and Conditional Use Permit 1259 for the reasons stated in the Staff Report and subject to the conditions listed in the Staff Report. AYES: Commissioners Coontz, Master, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED GENERAL PLAN AMENDMENT - LAND USE ELEMENT 1-83 - CITY OF ORANGE: A proposal to change the land use designation from Low Density Residential (2-6 units/acre) to Medium Density Residential (6-15 units/acre) on land located at the northern terminus of Parker Street between Palm and Plaple. (NOTE: Negative Declaration 822 has been filed in lieu of an Environmental Impact Report.) Jere Murphy presented this application to the Commission, stating that this consists of 3.6 acres of land situated between Palm and Maple Avenue, at the north terminus of Parker Street. The change being considered is from Lova Density Residential (2-6 du/ac) to Medium Density Residential (6-15 du/ac). The amendment is in response to recent rezoning action on the property. Mr. Murphy explained that the property has been the subject of re- zoning hearings by both the Planning Commission and City Council. Previously zoned R-M-7, R-D-6, an d M-l, and application was filed requesting that the entire property be zoned R-M-7. At their meeting of December 20, 1982, the Planning Commission recommended approval of the zone change to the City Council. The Commission's recommenda- tion was partially based on a statement in the Staff Report which indicated the property was shown for High Density Residential (15-24 du/ac) on the General Plan Land Use Element. At the City Council hearing of January 18th, however, discussion centered around the correct Land Use Element designation -For the property. A sub- sequent staff investigation determined that the property is actually shown for Low Density Residential (2-6 du/ac) in accordance with Resolution #4020 adopting the Land Use Element in August, 1974. The discrepancy in interpretation was dine to the residential land uses in the general vicinity being inaccurately depicted on the Land Use Element base map. The Council acted on January 18th to rezone portions of the property, but from R-M-7 and M-1 to R-D-6. However, the Council has subsequently agreed to reconsider their action at a public hearing to be held on March 8th. Regardless of whether the Council acts to rezone the property R-M-7 or sustain its action of January 18th to rezone the property R-D-6, the Land Use Element should be amended to show Medium Density Residential (6-15 du/a c). Under the provisions of the Planned Unit Development Ordinance, property zoned R-D-6 can be developed at a density of 10.89 du/ac, while property zoned R-M-7 can be developed at a density of 16.33 du/ac. Medium Density Residential is the most appropriate General Plan Land Use Element designation for either of these zoning districts. Staff recommends that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration #822. Staff further recommends that the Planning Commission recommend approval of the redesignation of the property from Low Density Residential to Medium Density Residential on the General Plan Land Use Element. Commissioner Mickelson commented that as long as this is a "cart before the horse" situation, he wondered if it wouldn't be appropriate to continue this item until we see what the Council decides. He would be agreeable to even consider High Density Residential, depending upon what the Council's action would be. Planning Commission Minutes February 23, 1983 Page Nine Vice-Chairman Master opened the public hearing. Barry Cottle, Century American Corporation, 1428 E. Chapman Avenue, Orange, addressed the Commission stating that they have been selected by Anaconda-Ericcson to be the buyer and developer of the property involved. He asked for more clarification from Commissioner Mickelson regarding his comments about a possible continuance until after the March 8th Council meeting. Commissioner Mickelson explained that technically speaking, whatever decision is made by the Planning Commission tonight would be in the form of a recommendation to the Council. Therefore the Council would be in the same place on 1~9arch 8th whether a decision is made tonight or there is a continuance. He felt that what he is saying is that he would like some direction from the Council. He felt that by leaving the door open, so to speak, it might give the Council the opportunity to look at the possibility of even High Density Residential for this property. Mr. Cottle explained that their plan is to come back to the Commission asking fora condominium development, which, under Medium Density Residential, could be developed at about 15 units/acre. Even if this were to be zoned High Density Residential, it would only add about three units on the entire site. He felt that they could do what they want to do without a High Density zoning. He explained that there will be a total of eight public hearings on this item before they get through and there is a time problem. Raymond Williams, 1413 E. Adams, Orange, addressed the Commission, explaining that he owns property immediately to the west of the property in question. He had two concerns: he thought that the City would again allow development without the completion of an existing deadend street. He said thatit's somewhere in the vicinity of 3/4 mile from the railroad track to Batavia before you can turn to the south. He also pointed out that any future development will landlock about 15,000 sq. ft. which he owns. He was not actually in opposition to this application, but was merely raising these questions. Commissioner Mickelson asked if Parker Street were continued through would it necessarily give him frontage? Mr. Williams responded that it would not. However, for the past twenty years, Anaconda has not objected to his having access to that property at the rear. He pointed out that the City, for the past five years, has done the clearing of the lot with regard to weed control, etc. He has been in contact with the Sanitation Department who told him that once the development goes in it will be all hand labor back in there and he realizes that this means that he will begin to have to look at what he will do with that last 15,000 sq, ft. of property, He needs to know how to do it and how quickly to do it. He hastened to point out that Anaconda has not given him a right-of-way or an easement, but he would suggest that by virtue of the fact that he has never been denied access through there, that perhaps something could be worked out. Vice-Chairman Master felt that this is a matter which should be taken up with Anaconda. There being no one else to speak for or against this application, the Vice-Chairman closed the public hearing. Moved by Commissioner Coontz, seconded by Commissioner Mickelson to accept the findings of the Environmental Review Board to file Negative Declaration 822. AYES: Commissioners Coontz, Master, Mickelson NOES: Commissioners none ABSENT: Commissioners Hart, Vasquez MOTION CARRIED Planning Commission Minutes February 23, 1983 Page Ten Moved by Commissioner Coontz, seconded by Commissioner Mickelson to recommend redesignation of the property from Low Density Residential to Medium Density Residential because either this density or High Density Residential is appropriate. AYES: NOES: ABSENT: Commissioners Coontz, Master, Mickelson Commissioners none Commissioners Hart, Vasquez MOTION CARRIED IN RE: AYES: NOES: ABSENT: IN RE: c MISCELLANEOUS: Ah1ENDMENT 2-82-C, SIGNS AND PROMOTIONS: Consideration of an extension of moratorium on enforcement of code regulations pertaining to temporary signs and banners. Moved by Commissioner Mickelson, seconded by Commissioner Coontz to recommend that the moratorium be extended for six months. Commissioners Coontz, Master, Mickelson Commissioners none Commissioners Hart, Vasquez 4~.1(IIIRNMFNT• MOTION CARRIED The meeting was adjourned at 9:00 p.m., to be reconvened to a regular meeting on Monday, March 7, 1983 at 7:30 p.m. at the Civic Center Council Chambers, 300 East Chapman Avenue., Orange, California. C