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HomeMy WebLinkAbout11/7/1988 - Minutes PCPLANNING COMIYIISSION !~lINUTSS mow, City of Orange November 7, 1988 1~ ~ Orange, California Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Hart, Scott ABSENT: Commissioners Greek, Master STAFF PRESENT: John Godlewski, Sr. Planner & Commission Secretary; Chris Carnes, Assistant Planner; Jack McGee, Administrator - Current Planning; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: ITEMS TO BE CONTINUED Three requests were received for continuance to the November 21, 1988 meeting: (1) Conditional Use Permit 1?17-88 - Lori Lang, 1414 North Batavia Street; ® (2) Conditional Use Permit 1719-88 - K-C Associates, Inc., 1930 East Katella Avenue; and (3) Conditional Use Permit 1720-88 - K-C Associates, Inc., 2085 North Tustin Street. Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission continue Conditional Use Permits 1717-88, 1719-88 and 1720-88 to the November 21, 1988 public hearing. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSENT: Commissioners Greek, Master MOTION CARRIED IN RE: MINUTES OF OCTOBER 20, 1988 Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission approve the Minutes of October 20, 1988 as recorded. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSENT: Commissioners Greek, Master MOTION CARRIED Planning Commission Minutes November 7, 1988 - Page 2 IN RE: CONTINUED HEARINGS CONDITIONAL OSS PSRhIT 1715-88 - NYRON D. 9ARTWIG: A proposed Conditional Use Permit to allow construction of a two-story residential second unit in the R-2-6 RCD (Residential Duplex - Residential Combining District) on property located on the southeast corner of Almond Avenue and Harwood Street. (Continued from the October 3, 1988 Planning Commission Meeting.) NOTE: This project is exempt from environmental review. John Godlewski presented the staff report. This item was heard at the previous meeting and it is a request for a detached second unit. Of primary concern to the Commission at that time was the fact that the second unit focused itself primarily onto the neighboring properties. The main entrance to the unit was in the far corner of the site and the major windows and patios focused on the side property lines rather than on the existing house on the property. The applicant has revised the plans indicating some changes have been made. The second story walking deck has been deleted; the main entrance to the project has been changed to be off the rear yard of the existing dwelling rather than the far corner of the project; and some minor changes have been made to the windows. There was also concern expressed at the last meeting that the recreation room be shown such that it would not be construed to be another unit. A condition was attached that there would only be two units on the property. Commissioner Hart noted the game room was still isolated from the rest of the apartment. Staff responded that was correct; no changes were made to the game room. The public hearing was opened. ® Proponent, Myron Hartwig, 708 East Almond, owner of the property, stated they made some major modifications to the original plan in an attempt to be responsive to the Commission's suggestions at the last meeting. It is their intent to live in peace with their neighbors. The entrance change affords a safer situation; the height of the windows were also raised to eliminate any direct on-looking that might be done. He spoke about the game room and bath for use by his growing family. Planning Commission Minutes November 7, 1988 - Page 3 '"; Commissioner Bosch referred to the previous meeting in which Mr. Hartwig had some difficulty with several of the conditions proposed for attachment to the Conditional Use Permit. One was relative to the corner cut off. He noted that the corner was now a 25 feet radius, existing. He asked if that was an adequate cut off to meet the City requirements, or whether the condition needed to be eliminated? The second was a requirement for a soils report and grading plan to be submitted. He asked the applicant if he still had difficulty with those conditions or are they acceptable as written? Mr. Hartwig spoke to Mr. Brotherton and explained there was an existing 25 foot radius. That had been re-worked about a year before they purchased the property. The City still required a modification to the corner. A soils report was discussed and at the time permits are pulled, an inspection will be made to determine whether or not a report was mandatory. Mr. Johnson stated the City's standard of a 32 foot radius has been in force for quite a few years. A few years ago the City went in and did some maintenance work and increased the size of the radius, but were limited by the right-of-way involved. There was no corner cut off at this location. A normal requirement would be once the property develops, then it shall be developed to the City's standard requirement, which is 10 x 10 corner cut off and a standard 32 foot radius. In reference to the soils report, if there is no evidence of problems with the soil, then it will not be required. But in many cases, they have found that there has been an old house with a basement that has to be compacted. Unforeseen problems are then encountered. An inspection will be made and that determination made by the Grading Inspector. Those speaking in opposition: Helen Thayer, 191 South Harwood, considered the house a landmark and opposed the two story addition as it would cheapen the landmark. The public hearing was closed. Commissioner Hart stated the property is zoned R-2 to allow for the additional unit. The architecture seems to be somewhat sensitive to the area and Old Towne theme. Planning Commission Minutes ' November 7, 1988 - Page 4 Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission approve Conditional Use Permit 1715-88 subject to the staff report and conditions as listed. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSENT: Commissioners Greek, Master MOTION CARRIED Commissioner Bosch was concerned about the size, massing and effect on the historical elements in the community; however, the decision was made long ago and the property rights established in the area so their determination is limited to the impacts on the site. He believes the applicant has done a good job in answering the concerns from the previous meeting. IN RE: NEW HEARINGS CONDITIONAL USB PBRMIT 1718-88, VARIANCE 1 851-88 - RWIS RADIO STATIONS Proposed Conditional Use Permit to replace an existing 150 foot antenna tower with a new 280 foot tower and a ® Variance to allow the structure to exceed height limit specified for the A-1 zone on the 30 foot property located at the east end of Glen Albyn Lane (5230-5250 East Glen Albyn Lane). NOTE: Negative Declaration 1257 has been prepared for this project. Chris Carnes presented the staff report. The applicant is requesting a Conditional Use Permit for the construction of a radio antenna, which staff is considering a public structure in the A-1 zone. The Variance request is to build a structure 280 feet in height, which exceeds the maximum 30 foot height. The site is located one-quarter mile east of Santiago Boulevard and approximately one mile north of Chapman Avenue. The site is bordered on the west by large lot residential area that is under County jurisdiction and ® the on the east by permanent open space. The open space area is part of the Crawford Hills residential development. The City approved Conditional Use Permit 693 in 1979. That approved the construction of the transmission building and 150 foot radio tower. The original tower blew down in a storm earlier this year and was replaced with an identical tower in the Spring. The proposed radio tower will be used for the radio transmission of KWIZ radio station and will be replacing the existing antenna. After the construction Planning Commission Minutes ~, November 7, 1988 - Page 5 of the proposed tower, the existing antenna will be removed. The proposed tower will be located just to the east of the existing transmission building and will require no further grading on the site except for the construction of the foundation piers. Staff has reviewed the proposed tower with the FCC to check about interference with television and radio reception to the residential area to the west. They have assured staff the antenna should not interfere with either of those. Staff also reviewed the proposed antenna with the FAA regarding interference with the air traffic. The FAA has assured staff that it is not high enough to interfere, but they will be reviewing the antenna's location and height to see if lighting and radio markers are needed to warn pilots of it's location Staff's major concern with the tower has been it's visual impact on the surrounding area. The existing tower is almost half the size of this and it is visible from Chapman, Santiago and Hewes. Staff also reviewed the possibility if the antenna fell over, if it could reach the residential area to the west; the applicant's engineer assured that the tower would disintegrate in ~, sections and would fall on-site. The public hearing was opened. Proponent, Charles Hawkins, 22941 Triton Way, Laguna Hills, represented KWIZ. They would like to build this tower for service to the people who enjoy the station now, and be able to better serve people in emergency situations. The new tower will be built of a triangular structure. Chairman Scott was disappointed that he did not get a visual display of what the tower would look like. Commissioner Hart explained the requirements for a variance= one being hardship. He asked for an explanation of the applicant's hardship. Mr. Hawkins was not prepared to talk about a hardship and did not know that was one of the requirements. Commissioner Bosch pointed out what was written on the variance application. He read the three questions and Mr. Liberman's answers for the record. Commissioner Bosch asked what the potential impacts would be on radio interference or television interference with surrounding properties in terms of what exists today and the difference that might occur with a taller tower? Planning Commission Minutes November 7, 1988 - Page 6 '~ Mr. Hawkins was not sure because he was not an expert. He did not think there would be a change. He also did not believe there would be impacts on the neighbors. He referred these questions to Mr. Hopkins from the tower company. Ben Hopkins, 3570 Procter Valley Road, Benita, is a structural engineer. He could not comment on whether there will be any electro-magnetic or radio interference with the t.v. stations, but guarantees the tower will stay there; it will not blow down. He designed the other one, but he designed it to support a certain type of antenna. The previous owners of the tower put up the three big bat wings on the tower. During the winds of 1982/83, the tower started cracking. Those speaking in opposition: Wes Gunnerson, 5210 Glen Aibyn, happens to live in the City of Orange rather than the County. He is strongly opposed to the 300 foot antenna in his back yard. The original antenna that was put up was a single element with no reflector. Currently there is a three element array with three reflectors. The visual impact is 100$ greater than what was originally proposed. He was also concerned that they were going to relocate the access road on his property. He has not given them permission to move it. Mr. Godlewski said it was the station's intent to leave the road where it is. The road is not over the easement that was originally granted to them. Shirley Grindle, 19051 Glen Aaron Lane, thanked the staff for notifying more people about the hearing. The property was annexed into the City in 1976. The application was first brought to the Commission in 1979. The antenna was not built until 1980 or 1981, but it was approved by the Commission. Only two or three homes were given notice about the antenna. The existing antenna has caused interference with garage door openers and telephones. She stated one of the conditions in the previous Resolution that is not being followed regarding radio interference. She read the previous Minutes for the record. When the tower blew down, it fell from the base in one piece -- not in sections. The proposed antenna is twice as high as the one there now. The hills are the backdrop to the City of Orange and their association is striving to obtain title to the open space. Photos were submitted to the Planning Commission Minutes November 7, 1988 - Page 7 Commission for their review. She briefly discussed the traffic and landing patterns of the planes and helicopters -- a potential safety threat. She pointed out that she served on the Orange County Planning Commission for a number of years. They approved numerous radio antennas and put them on the hills way back in the Cleveland National Forest up on the Santiago Peaks. Roy Moss, 19041 Equestrian Lane, is an attorney here in Orange. He reaffirmed his opposition. Since its inception, he has been a member of the East Orange Implementation Committee to study the development of the East Orange area. A common goal is to preserve the sanctity of the ridge line. By putting the first antenna up, violated their efforts. Everyone would like to see the first antenna removed. He believes a beacon would be required on a 280 foot antenna by the FAA; another impact on the area. The low band channels on their t.v. were affected when the first antenna was built. Richard Garfield, 19311 Lomita, strongly opposes the antenna. He was not informed about the original antenna in 1980. He is less than 200 feet from that property. If the wind had been blowing in a different direction, the antenna would have blown over into his back yard. When the original antenna was approved, conditions were placed on it. Those conditions have not been met and have been changed by the owner. 0 U Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, stated their Association adamantly opposes the proposed antenna. He spoke about the frequent winds in the area. There will be a visual impact of the tower upon the neighbors. He emphasized and reinforced the open space for the hills. Peter Carissimo, 985 Palo Alto Place, can see the existing tower from his property. The proposed tower causes him concern. He is a professional appraiser and he spoke about the power lines, towers and easements -- visibility -- and the problems it creates for property evaluation. Alice Moss, 19041 Equestrian Lane, had problems with their garage door. In checking with her neighbors, all of them had problems with their televisions. She contacted Dave Armstrong at the radio station for help, but he did not respond. Soon thereafter, he no longer worked for KWIZ. She tried to contact Pat Michaels, • Planning Commission Minutes November 7, 1988 - Page 8 but he never returned her calls. The neighbors have never been compensated for their expenses; KWIZ does not stand behind what they said they would do. David Hath, 1074.4 Glen Alybn, was not given a notice of the original hearing and appreciates receiving notice for this public hearing. He is a member of the East Orange Policy Planning Committee and is sensitive to the very serious concern people have about the preservation of the ridgeline. The antenna is in violation of that. He has also experienced some television interference. Two of his neighbors have had interference with their phones. Ronald Rose, 19122 Equestrian Lane, joined in with the opposition. He urged the Commission to deny the proposal based on the applicant's not showing a hardship or need for getting a variance. Julie Ruben-Hamilton, 10951 Wonderview, did not receive a notice of the hearing, but was informed by her neighbors. The 280 foot antenna was compared to a 20 story building. She voiced her support of opposition. Margaret Hemmings, 19111 Equestrian Lane, has experienced considerable garage door problems and t.v. problems. She had to replace all the telephones in the house because of the interference from KWIZ. Lloyd Visner, 970 Palo Alto Place, supported the opposition to this project. A rebuttal was not heard. The public hearing was closed. Commissioner Bosch commented on the evidence of a variety of potential environmental problems not addressed with mitigating measures acceptable within the Negative Declaration relative to the visual intrusion on neighboring homes, the electronic interference, potential of the tower, which has not been demonstrated to be mitigated by the applicant, and the potential structural dangers to bordering properties. Moved by Hart, th findings Negative AYES: NOES: ABSENT: Commissioner Bosch, seconded by Commissioner at the Planning Commission not accept the of the Environmental Review Board to file Declaration 1257. Commissioners Bosch, Hart, Scott None Commissioners Greek, Master MOTION CARRIED • Planning Commission Minutes November 7, 1988 - Page 9 Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission deny Conditional Use Permit 1718-88 and Variance 1851-88 for the reasons that first, with regard to the Conditional Use Permit, sound land use and services required by the community are not found to be f ulfilled by increasing the height of the tower from the existing height; the use proposed would cause deterioration of bordering land uses and create special problems for the area; also, that the immediately adjacent community and the neighborhood plan for the area, including Jones Ranch and the open space with particular regard to the ridgeline preservation, would be negatively impacted. With regard to the variance, no evidence has been given that granting of this variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity; and that no special circumstances applicable to the subject property, as allowed under the findings for approval of a variance, including size, shape, topography, location or surroundings, and the application of the zoning ordinance is found to be deprived on this property relative to those enjoyed by others in the vicinity. AYES: Commissioners NOES: None ABSENT: Commissioners Chairman Scott directed conditional use permit. existing tower has been use. The issue of elec also be addressed. Bosch, Hart, Scott Greek, Master MOTION CARRIED staff to look into the initial Comments were made that the expanded beyond the permitted tronic equipment problems should IN RE: NEW HEARINGS 7-88 - CITY OF ORAIdGS: Proposed amendment to the Orange Municipal Code permitting the addition of on-site recycling facilities to existing commercial and manufacturing developments in the City's commercial and industrial zones. NOTE: Negative Declaration 1263 has been prepared for this project. A staff report was not presented and the public hearing was opened. Commissioner Hart questioned the why of this amendment. He thought this was an issue between the state and the markets. ,' Planning Commission Minutes November 7, 1988 - Page 10 Chairman Scott said this was mandated by law. There must be a recycling center within a given distance of a shopping center. There are two options being presented: take no action or revise the zoning ordinance. Commissioner Bosch said under state law the City of Orange would be required to allow either in-door or out-door centers unless it was absolutely determined that it would be detrimental to the health, safety and well being in particular areas. Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend the City Council to accept the findings of the Environmental Review Board to file Negative Declaration 1263. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSENT: Commissioners Greek, Master MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend the City Council to approve Amendment 7-88. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSENT: Commissioners Greek, Master MOTION CARRIED IN RE: ADJOURNMENT It was moved to adjourn to a study session November 14, 1988 at 5:00 p.m. in the Weimer Room; then to adjourn to the next regular meeting November 21, 1988, with a study session at 6:30 p.m. in the Weimer Room and the public hearing at 7:00 p.m. in the Council Chambers. The meeting adjourned at 8:40 p.m. /sld C