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HomeMy WebLinkAbout11/4/1985 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California November 4, 1985 Monday, 7:30 p.m. The regular meeting of the City of Orange Planning Commission was called to order by Chairman Master at 7:30 p.m. PRESENT: Commissioners Master, Hart, Mason, Scott ABSENT: Commissioner Greek STAFF John Lane, Administrator of Current Planning and Commission Secre- PRESENT: tary; Jim Reichert, Associate Planner; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer;-and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE IN RE: MINUTES OF OCTOBER 14, 1985 Moved by Commissioner Mason, seconded by Commissioner Hart, that the minutes of October 14, 1985, be approved as recorded. AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED IN RE: MINUTES OF OCTOBER 21, 1985 Commissioner Mason pointed out that the words "municipal golf course" in the next to last paragraph on page 2 should be "miniature golf course." Moved by Commissioner Mart, seconded by Commissioner Mason, that the minutes. of October 21, 1985;-be approved as corrected. IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN CONDITLONAL USE PERMIT 1460 - SMITH Proposed 749-unit mini-warehouse, and 71-room hotel on 2.14 acres in the C-1 Zone on the east side of Wayfield Street, north from Chapman Avenue and adjacent to the west side of the Costa Mesa (55) Freeway. (Continued from the October 14 and October 21, 1985,- Planning Commission meetings..) NOTE: Negative Declaration 1024 has been prepared for this project. Mr. Lane said a letter had been received from Mr. Smith requesting that this item be withdrawn from the agenda so that the property might be reconfigured more in line with the conclusions of a market survey that had been done and more in context with the desire of the City of Orange. . Planning Commission Minutes November 4, 1985 Page Two Moved by Commissioner Hart, seconded by Commissioner Scott, that this request be granted and .the item wi.thdr-awn from the agenda, AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSENT: Commissioner Greek MOTLON CARRIED IN RE: CONTINUED HEARINGS CONDITIONAL USE PERMIT .1432 - TOBERTY Proposed five-story, 96,000-square foot office huia ding and two-level park ing structure on 1.06 acres in the M-2 zone at the westerly terminus of Struck Avenue, approximately 400 feet south from Katella Avenue. (Continued from the September 16 and October 74, 7985, Planning Commission meetings.) NOTE: Negative Declaration 987 has been prepared for th is project. Mr. Lane made the presentation in accordance with the Staff.Report and said Staff is recommending approval subject to the 14 conditions in its report plus an additional condition relating to a waterline on the property which needs to be moved, Chairman Master opened the public hearing. Chancy L,ott,-architect., 18002 Collins, Irvine, said he had no problems with ..the Planning Department conditions, including the 75th condition regarding the change in location of the water line. Chairman Master declared the public hearing closed. Moved by Commissioner Hart, seconded by Commissioner Mason, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 987, AYES: Commissioners Master,-Hart, Mason, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Oommission approve Conditiona~1 Use Permit-1432 subject to the 75 conditions AYES:. Commissioners Master, Hart, Mason, Scott NOES.:. None ABSENT:. Commissioner Greek MOTION CARRIED Planning Commission Minutes November 4, 1985 Page Three IN RE: CONTINUED HEARINGS VARIANCE 1776 - FLOWER STREET ASSOCIATES Proposed 45-foot-high freeway-oriented pole sign on 3.7 acres presently under construction for a mini-warehouse facility generally south from Almond Avenue, west from Flower Street, and adjacent to the east side of the Orange (57) Freeway. (Continued from the October 21, 1985, Planning Commissioner meeting.) NOTE: This project is exempt from environmental review. Mr. Lane made the presentation in accordance with the Staff Report and said Staff recomments approval subject to the two conditions in its report. Commissioner Hart said he believed there was a policy regarding freeway-oriented signs in which only those signs that were tourist-oriented could be permitted on the freeway. He said he personally didn't believe a sign advertising a mini-warehouse would need to be on the freeway. Chairman Master opened the public hearing. Dave Cunningham, Flower Street Associates, 18002 Sky Park Circle, Irvine said the location in question is no longer floating and discussion with:" the Orange County Medical Association has finally focused upon a location which is virtually equidistant from every property boundary, as close to the freeway as possible, and as far away from other contiguous uses as possible. He said the sign is being requested because the building is so buried on the site, being 27 feet below grade, and visibility is bad. Steve Prothero,-an architect repre- senting Orange County Medical Association, said they have agreed with Mr, Cunningham for a general locat"on for the sign, Commissioner Mason asked if they had discussed height, because that is quite a variance. Mr, Prothero said height had been discussed and although they would like to see it lower they understood Mr, Cunningham's position due to the site being buried under the freeway, and there- fore were not voicing any objection to the height, Chairman Master declared the public hearing closed. He said he agreed with Commissioner Hart that the freeway-oriented signs approved in the past, with the exception of one, had to do with businesses that needed to attract tourists, and just because one sign not in this category did get approved is not a reason for ahe Planning Commission to make this mistake again. Commissioner Mason questioned the Code on a sign being attached to a building. Mr. Lane said a sign could not be painted vn the building in this none-but an application could be made for it to be done by a variance.. Commissioner Scott said it appeared to him that a mini-warehouse would be local ~in nature whereas a freeway- oriented sign would appear to be trying to attract people outside the city, Commiss%oner Mason asked if a sign on the side of the building would have to be reviewed by the Design Review Board and Planning Commission Minutes November 4, 1985 Page Four Mr. Lane responded that it would, as would a pole sign also. Chairman Master asked if the applicant asked fora variance to paint a sign on the bui~ding, would it have to be advertised for public hearing. Mr. Lane said he believed it would not have to be re-advertised if that is what the Planning Commission would approve as a result of this hearing. Chairman Master asked Mr. Cunningham if Flowen_Street Associates would consider other signage than the pole sign. Mr. .Cunningham said they didn't see many alternatives within the code and pointed out that although they were more of a locally-oriented business rather than tourist- oriented,-they were not located in the mainstream business area and therefore had to have some means of making their position visible. He said if the pole sign were not approved they would have to accept something else, but it is their preference to have the pole sign and, with the exception of OCMA`s objection,. which has been resolved, there were not other objections on the part of contiguous property owners. Chairman Master said the Commission could entertain an alternate motion and recommendation by Staff. Mr. Lane said if the Commission is going to proceed fihat way he believes it would be in Mr. Cunning- fiam`s interest to continue this item fora couple of weeks so he 'has the opportunity to determine what his needs might be in terms of alternate signage. Mr. Cunningham said he felt a wall sign would not really be visible from the freeway or that a roof sign would be aesthetically acceptable even it it could be constructed on'a roof that doesn`t slant, and he urged the Commission to consider the pole sign, pointing out that there aren`t that many buried sites contiguous to freeways that would result in this type of variance being requested frequently. Commissioner Mason said she believes there has to be some means of letting the public know the mini-warehouse is there but she feels this can be done by a wall sign.. Moved by Commissioner Hart, seconded by Commissioner Mason, that the application for Variance 1776 be denied. Mr. Lane pointed out that if this application is denied, there is a 15-day period in which the applicant can appeal to the City. Council. Mr. Cunningham asked if, in the interest of expediency, the matter could be continued instead of denied. Commissioners Hart and Mason said it is agreeable with them to withdraw the motion for denial and move for continuance instead. Moved by Commissioner Hart, seconded by Commissioner Mason, that the application for Variance 1776 be continued to the meeting of November 18, 1985. AYES: Commissioners Master, Hart, Mason, Scott NOES:. None ABSENT: Commissioner Greek MOTION CARRIEQ Planning Commission Minutes November 4, 1985 Page Five Commissioner Hart said that in regard to the action of the Design Review Board in changing the plot plan previously approved by the Planning Commission, he would strongly recommend that the Planning Commission write a letter to the City Council requesting that it inform the Design Review Board of the scope of its responsibilities and informing it that in the future it should not change a plot plan that had been approved by the Planning Commission.. It was agreed that Mr. Lane should draft such a letter for the approval of the Planning Commission. IN RE: CONTINUED HEARINGS AMENDED CONDITIONAL USE PERMIT 1070 - OUR SAVIOR`S LUTHERAN CHURCH Proposed addition of eight students and two staff personnel to an existing pre-school in the R-1-6 Zone at the northwest corner of Cambridge Street and Lomita Avenue. (Continued from the October 2~1, 1985, Planning Commission meeting.) NOTE: This project is exempt from environmental review. Mr. Lane made the presentation in accordance with the Staff. Report and reviewed what ha a taken place at the October 21 meeting. He said a letter and additional tape of the noise at the playground had been submitted by Mrs. Verdon Craig, who had objected to the application at the October 21 meeting and had at that time played a tape of the playground noise. He said the second tape showed that the noise had decreased in volume. Commissioner Hart said he didn't feel it was necessary to hear the additional tape since itrs not a scientific recording and he is satisfied that there is playgound noise.. He said he visited the site twice during the past week; on his first visit there were no children on the play area and on the second visit there were 25 to 30 children and there was noise. He said he doesn't really believe that the issue is the additional eight students but rather what has gone on since the pre-school was established and the proximity of the Craig 'home to the playground,---and he wishes there was some way that could be corrected, that there was some way the play area could be relocated.. because he feels it is not in the right place. He said that when the original plan was approved it may have been a mistake in allowing the play area to be so close to the adjacent residents. Commissioner Scott said he visited the site on several occasions; at one time there were no children, a second time there were 46 children and the third time there were 25 children. He asked if the vacant property to the west of the playground was owned by the church and if the playground could be moved to that location. Commissioner Mason pointed out that the addition of the eight students concerns infants who will not be using the main playground and said she feels it does not refer to the noise problem from the main playground. Planning Commission Minutes November 4, 1985 Page Six Chairman Master pointed out that there are perhaps two separate issues and the Commission has made a review of the matter, and suggested that the applicant, as a good neighbor, might come up with a solution to the noise. He said he had been with Com- missioner Scott on one of his visits to the site, and also felt that the. vacant piece of property would be a better place for the playground. Terry Hettig, 2873 East Gerald Circle, Anaheim, Director of the pre-school, said that the lot~that Commissioners Master and Scott feel would be a better playground area is licensed for elementary school children and is used both morning and afternoon for those children, and is therefore not available to the pre-school children. She said the area on which the Craig home and others are located was owned by the church at one time. She said the church has been there for over twenty years and before the pre-school was established, the area was used for Head Start and children with special needs ® were there, so-there were children using the playground when the Craigs bought their home. She said the pre-school had done Q everything they possibly could as a good neighbor to keep Mrs. Craig from being annoyed.by the children, such as building the wall, planting the trees, moving the sandbox, etc. Chairman Master asked if what she was saying was that she had no recom- mendation for doing anything more than has been done, and Mrs. Hettig said that was true, that they had done everything they could do"to be a good neighbor. Various persons whose children were in the preschool, added their support to Mrs. Hettig`s statements: Tom Tisnot,-5928 Bunker Hill, Orange; Walter Caldwin, 4244 East Addington, Anaheim; Karen Butler,-- 725 East Barkley, Orange; and John Barnhart., 323 East 0akmont,~Orange. Chairman Master declared the public hearing closed. Moved by Commissioner Mason, seconded by Commissioner Scott, that Amended Conditional Use Permit 1070 be approved. AYES: Commissioners Master, Hart, Mason, Scott NOES:. None ABSENT: Commissioner Greek MOTION CARRIED Chairman Master pointed out to the applicant that the existing condition should be considered from the standpoint of being a good neighbor and anything the pre-school could do to lower the noise level would be a step in the right direction. He said there is a County code covering noise and if someone complains about the noise, abatement proceedings could be undertaken. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1468, VARIANCE 1777 - TRU VALU INNS, INC. Proposed three-story, 32-unit motel within 120 feet of residentially Planning Commission Minutes November 4, 1985 Page Seven zoned property, and afive-foot-high fence and swimming pool deck within the required front yard area, on a 15,464-square foot parcel in the C-3 Zone on the east side of Main Street,-156 feet north from Palmyra Avenue. NOTE: Negative Declaration 1027 has been prepared for this project. Mr. Lane made the presentation in accordance with the Staff Report and said Staff recommends denial of both the conditional use permit and the variance for the reasons stated in it`s report; however, if the Commission feels the proposed. use is appropriate, then Staff recommends continuance to the meeting of November 18, 1985. Chairman Master opened the public hearing. Ken Paddock, Paddock & Flair Architects, 17780 Fitch, Suite 180, Irvine, representing the applicant, addressed Staff's reasons for recommending denial. He said a motel is a p+arrmitted use in the C-3 Zone and that landscaping and other measures would be taken to minimize the noise level. He said the building was designed to blend into a residential area and made some suggestions for changes in design that could be performed if the Planning Commission wished. Mr. Lane said he doesn't feel that Staff is imposing hardships but that the developer is creating his own hardships by the design he proposes to develop. Mr. Paddock said he doesn`t think the question is one of hardship, that his interpretation of the zoning code is that he is allowed to build the development he proposes. Discussion between the Commissioners and Mr. Paddock followed on the fence, the pool area, and the alley behind the proposed devel- opment which the, developer proposes to .widen by ten feet,-making it 25 feet .wide and permitting it to have two-way traffic. It was pointed out that it would be impossible to widen the al°ley all the way to Bush Street because of existing residences. Charles Tsang; 12055 Ashwood Street, Artesia,-the applicant,-said they did not intend to create a hardship,-~as the Staff Report indicated. He said they want to build sometning that will be in .harmony with the surrounding community.,-:"but to make the development economically feasible they must have 32 units, Mr. lane said Staff thinks there is too much being attempted to place on the property; it just doesn`t work functionally based on the code requirements, He said the developer has a need for 32 units and is trying to make 32 units fit and it`s just not working. Commissioner Hart asked why they must have 32 units to make the motel economically feasible. Mr. Tsang explained that their motel rooms are moderately priced and in order to make. the development pay they cannot spend more than $10,000 in land costs per unit; therefore, based on what this land cost, they must build 32 units. Commissioner Hart pointed out that the Planning Commission is not allowed to take into consideration the land costs in relation to a hardship because if the developer paid too much for the land, that is his problem, not the City's problem, Planning Commission Minutes November 4, 1985 Page Eight Pauline Lehman, 228 South Bush, Orange, said she felt that if the alley were to be widened it would increase vehicular traffic that would be detrimental to the welfare of the children attending the elementary school located on Bush Street. She said also that having a motel in the area would disturb the privacy of the people in the adjacent residential area. Commissioner Hart asked Mrs. Lehman how she would react in the event this application were denied and another application came in for the site for an office building that would generate the same amount of traffic. She said sne woulaalso object to that use for the same reasons. Commissioner Hart said it-might be well if the Commission considered blocking off the alley .because he could see no real purpose for having it. Mrs. Lehman agreed. Mr. Johnson pointed out that Bush Street is a dead-end street and the alley provides a means for people who wish to turn around because Bush is not a cul-de-sac; secondly, the drainage from Bush Street turns and goes westerly on the alley. He said those two things have perpetuated the use of the alley; in fact, it was upgraded last year.. Chairman Master dea~ared the publib_hearing closed. Commissioner Scott said fie was not only concerned about the use of the alley but also about the location of the trash bin as shown on the plans. He said he thinks the matter should be referred to the Traffic Safety Division and come up with. a recommendation as to how the alley could be treated, He pointed. out that an office building could be erected on the site without the use of the alley. Commissioner reason said she definitely thinks that a motel. use in this area is very good, especially with a hospita'1 in the area;-however, she would like to see it redesigned to meet all of .the requirements. Mr, Lane sa id if the Commission is looking upon the application favorably then Staff would need time to prepare the necessary conditions and therefore a continuance would be necessary. Chairman Master reopened the public hearing. Mr. Paddock commented that an office building could have only two stories and be within the code height limit whereas a motel could have three stories and still be within that height limit. Commis- sinner Mason said that according to the Staff Report the proposed development is trying to fill every inch of the property and she thinks it is the bulk and the design that is llusti~not compatible with this area, and that is what she is concerned about. Chairman Master declared the public hearing closed.. Moved by Commissioner Hart, seconded by Commissioner Mason, that the Planning Commission accept the findings of ,the EnYironmental Review Board to file Negative Declaration 1027. AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Planning Commission Minutes V ~ November 4, 1985 Page Nine Moved by Commissioner Mason, seconded by Commissioner Master, that the ~ppl~ i cacti on ~ be crontinued to the meeting of December 2, .1985. AYES: Commissioners Master, Hart, Mason., Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Chairman Master requested that the applicant and Staff meet to • redesign the plans, taking into consideration the location of the trash container and other matters relating to the alleyway, the fencing and the setback. Moved by Commissioner Scott, seconded by Commissioner Hart, that Staff look into the feasibility of possibly vacating Palmyra Place or blocking it at the "T" intersection with the other alley that would prohibit multiple ingress and egress to and from Main Street, and that this study be presented to the Planning Commission prior to its December 2, 1985, meeting. AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1472, VARIANCE 1779 - LLVINGSTONE Proposed second-story living unit over a three-year garage,-and an attached carport within the side yard setback area, on a 6,$40- square foot parcel in tfie RD-6 ~RCD) Zone at the southwest corner of Palmyra Avenue and Grand Street. NOTE: This project is exampt from environmental review. Mr. Lane made the presentation in accordance with the Staff. Report and said Staff recommends approval subject to the conditions in its report, Chairman Master opened the public hearing. John Killen, 271 South Grand Street,-Orange,-architect representing the applicant, said he is in agreement with the recommendations from Sdta~f ar~d has no gbjections t~ the conditions. Chairman Master ec are: the public hearing c osed. Moved by Commissioner Scott, seconded. by Commissioner Hart, that Conditional Use Permit 1472 be approved subject to the conditions in the Staff Report. AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSENT:. Commissioner Greek MOTION CARRIED Planning Commission Minutes November 4, 1985 Page Ten Moved by Commissioner Mason, seconded by Commissioner Scott,-that yari~nce 1779 be'approved subject to the conditions in the Staff Report. AYES: Commissioners Master, Hart,--Mason, Scott, NOES: None ABSENT: Commissioner Greek MOTION CARRIED IN RE: OTHER BUSINESS Chairman Master asked if the other commissioners had had an oppor- tunity to review the memo from Staff on the parking standards. Commissioner Scott commented that at the study session w~~th the Santa Ana Planning Commission he learned that Santa Ana had come up with one parking stall that was uniform and served both compact and standard-size cars. He said he felt that would be worth looking into. ~ Commissioner Mason said she had never received a copy of the revised map for the amendment to the redevelopment area which had been promised. Mr. Lane said he would convey a reminder on this. Chairman Master said he met with Ron Thompson, Bert Yamasaki and John Lane regarding receiving full information from the redevelop- ment agency. He said they-have proposed that on the day of the 2na Planning Commission meeting each month, there will be a meeting with the redevelopment people at 6:30 p.m. that will last for about 45 minutes. Commissioner Mason suggested that the Orange Planning Commission have an agenda with a cover sheet for its meetings similar to that used by the Santa Ana Planning Commission. Mr. Line said he would come up with something for the Commission`s approval. Mr. Lane commented that there has been a reporter from the orange City News in attendance in order to evaluate the Planning Commission in action from the standpoint of what it does and why it does it, and that there will be an article about the Planning Commission published in this newspaper. IN RE: ADJOURNMENT The meeting was adjourned at 10:15 p.m., to reconvene at a regular meeting on November l8, 19.857 at the Civic Center Council Chambers, 300-East Chapman Avenue, Orange,-California. 0