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HomeMy WebLinkAbout11/21/1988 - Minutes PCPLANNING COMMISSION MINOTSS City of Orange ' Orange, California November 21, 1988 Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: John Godlewski, Sr. Planner & Commission Secretary; Chris Carnes, Assistant Planner; Jack McGee, Administrator - Current Planning; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF NOVEMBER 7, 1988 Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission approve the Minutes of November 7, 1988 as recorded. AYES: Commissioners Bosch, Hart, Scott NOES: None ABSTAINED: Commissioners Greek, Master MOTION CARRIED IN RE: CONTINUED HEARINGS CONDITIONAL USE PERMIT 1717-88 - LORI LANG: Proposed Conditional Use Permit to allow a commercial recreational use in the M-2 zone on property located on the west side of Batavia Street between Katella Avenue and Taft Avenue, addressed 1414 North Batavia Street. (Continued from the October 20, 1988 and November 7, 1988 Planning Commission Meetings.) NOTE: Negative Declaration 1259 has been prepared for this project. Mr. Godlewski advised the Commission of some changes to the applicant's proposal: The applicant has selected another tenant's space, but is in the same building location. It has smaller square footage -- 3,700 square feet vs. the original request of over 5,000 square feet. Also, there are a couple of conditions that are recommended in the staff report that no longer apply. The first condition could be eliminated, which required the Environmental Review Board to approve a parking lot re-striping plan. The applicant has submitted the re-striping plan and it no longer requires the number Planning Commission Minutes November 21, 1988 - Page 2 { of spaces that was originally proposed. They are only five spaces short instead of 14. Also, Condition 3 requires that a TSIP fee of $4.65 per square foot be paid. A separate agreement has been worked out with the TSIP Appeals Board and that condition should reflect that. ® IN RE: A staff report was not presented; the public hearing was opened. Proponent: Lori Lang, 3081 Shakespear, Los Alamitos, stated she and her husband were raising six children and is hoping to open a gymnastics school for children. Their children are involved in gymnastics and they both have coached gymnastics for a number of years. They feel it's a good central location and it's something they have wanted to do for the last few years. The public hearing was closed. Moved by Commissioner Master, seconded by Commissioner Scott, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1259. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission approve Conditional Use Permit 1717-88, striking Condition 1, but including Conditions 2, 4, 5 and 6 as written, and amending Condition 3 to read, "A TSIP fee, as agreed to by the TSIP Appeals Board, shall be paid prior to taking occupancy at the site." AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED CONTINUED HEARINGS CONDITIONAL USE PERMIT 1719-88 - R-C ASSOCIATES INC.. Proposed Conditional Use Permit to allow expansion of an existing motel by 18 guest rooms on property located on the south side of Ratella Avenue, 700 feet east of Tustin Street, addressed 1930 East Katella Avenue. (Continued from the November 7, 1988 Planning Commission Meeting.) Planning Commission Minutes November 21, 1988 - Page 3 NOTE: Negative Declaration 1258 has been prepared for this project. There was no staff report and the public hearing was opened. Proponent: Richard Chang, 300 South Third Street, Alhambra, architect from K-C & Associates, stated the owners are wanting to apply for a California chain for the motel, but because of the size, they need to expand the motel to qualify as a franchise. Chairman Scott asked if handicap units would be provided in the expansion. Mr. Chang stated there should be one handicap unit. Mr. Godlewski commented a handicap unit would be required and when the building plans are submitted, they will have to conform to the Uniform Building Code (which will require the handicap units). The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1258. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission approve Conditional Use Permit 1719-88 subject to the conditions as listed on the staff report. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: CONTINUED HEARINGS CONDITIONAL OSE PERMIT 1720-88 - R-C & ASSOCIATES, INC.: Proposed Conditional Use Permit to allow expansion of an existing motel in the C-TR zone on property located on the east side of Tustin Street, south of Meats r L Planning Commission Minutes November 21, 1988 - Page 4 Avenue. Continued from the November 7, 1988 Planning Commission Meeting.) NOTE: Negative Declaration 1260 has been prepared for this project. A staff report was not presented; the public hearing was opened. Proponent: Richard Chang, 300 South Third Street, Alhambra, said the project is an older motel and because of the newer hotels and motels being built, the owner is experiencing a situation of a run down motel. The quality of clients has gone down and several problems have been encountered. They want to rehab the motel to change the image and upgrade the existing motel. Chairman Scott asked how many people use the swimming pool. He noted they plan to do away with the pool. Mr. Chang said not too many people use the existing pool and that is why the owners want to get rid of it because of insurance and maintenance costs. A budget type motel does not necessitate a pool. The public hearing was closed. Moved by Commissioner Master, seconded by Commissioner Bosch, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1260. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Master, seconded by Commissioner Bosch, that the Planning Commission approve Conditional Use Permit 1720-88 subject to the conditions listed on the staff report, with consideration of an Administrative Adjustment. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL OSE PERIrlIT 1716-88 AND VARIANCE 1853-88 - EDDIE JOHNS: Proposed Conditional Use Permit to allow conversion of a residence to an office use, and a Variance to allow Planning Commission Minutes November 21, 1988 - Page 5 reduction in the required number of parking spaces, landscaping area, and two way aisle width on property located on the north side of Chapman Avenue, 110 feet east of Batavia Street, addressed 925 West Chapman Avenue. NOTE: Negative Declaration 1261 has been prepared for this project. A staff report was not presented. The public hearing was opened. Proponents: Ed and Julie Johns, 1125 Paseo Grande, Corona, want to improve the condition of the property and establish an accounting office and secretarial service. They submitted seven photos to the Commission showing the pre-renovation condition of the property. Because of the commercial zoning and it's overall condition, it has been difficult to attract the type of tenants that would show pride of living quarters. It has been economically unfeasible for them to maintain it as such. Commissioner Hart explained that code requires that a specific hardship must be shown for the property. The fact that the building happens to be in the wrong place on the property is not a hardship. Mr. Johns stated the only way to meet the driveway requirements is to cut the building in half. That would not be feasible in maintaining the proper conformity with the overall area. Commissioner Hart said personal financial hardship is not an issue and cannot be a reason for the Commission to grant a variance. Chairman Scott said in order to grant a variance, one must show a hardship that is unique with that property. Commissioner Master commented on the safety of the driveway being an issue. Commissioner Bosch, in reviewing the plans, commented there was no place to turn around at the rear of the property unless you lose parking spaces, which means a loss of floor area on the building. It could be solved by perhaps starting from scratch and design a building that could meet all the codes involved, including Planning Commission Minutes November 21, 1988 - Page 6 parking and driveway access. In order to solve the variance, the only thing to do would be to modify the building to get the width and/or the turnaround involved. Mr. Johns only alternative is to cut the building in half (almost like reverse condemnation). The public hearing was closed. Moved by Commissioner Bosch, seconded by~Commissioner Master, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1261. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Bosch stated with regard to the Conditional Use Permit and Variance it would be good to see an upgrading of the property including its use. He sees this as a very poor location given the proximity of commercial, the environmental constraints of the block walls on either side of the property for this to continue as a residential use. On the other hand, in changing uses the City might be accepting risks and liabilities that they don't have with the property in its current state. The property owner obviously has financial needs, but also has a need to see the City's obligations to enforce its codes and to meet certain basic standards. His concern is the lack of sufficient space on the site given the square footage of the duplex. There exists several dangers in the site's design. Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission deny Variance 1853-88 for the following reason: It would grant a privilege to the site which does not exist for other similar properties in the area. There is no special circumstances available to the subject property, including its size, shape, topography, location or surroundings where the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by others in the area. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Master commented he concurs that they do not want to set a precedent. They cannot go on Planning Commission Minutes November 21, 1988 - Page 7 imposing variances and allowing them to become a precedent setting mode for other properties in the same area. Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission deny Conditional Use Permit 1716-88 without prejudice. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Mr. Godlewski explained that a denial without prejudice would allow the applicant to come back with a plan before six months. A denial of a Conditional Use Permit would require a minimum of six months before resubmitting plans. A re-filing fee would be required. He also pointed out there is a 15-day appeal period for this action. IN RE: NEW HEARINGS CONDITIONAL 038 PERMIT 172a-88 AND TBNTATIVE PARCEL lSAP 88-388 - BARICLEY SQOARS PARTNERS: Proposed Conditional Use Permit and Tentative Parcel Map to allow subdivision of an existing lot into five parcels, four of which would not have access to a public street. Subject property is located on the south side of Barkley Avenue, 450 feet west of Batavia Street (1106, 1108, 1110 and 1112 West Barkley Street). NOTE: Negative Declaration 1266 has been prepared for this project. A staff report was not presented. The public hearing was opened and closed as the proponent was not available. Moved Hart, Counc ® Board AYES NOES: by Commissioner Greek, seconded by Commissioner that the Planning Commission recommend the City it accept the findings of the Environmental review to file Negative Declaration 1266. Commissioners Bosch, Greek, Hart, Master, Scott None MOTION CARRIED A motion was made by Commissioner Greek recommending the City Council deny Tentative Parcel Map 88-388 for the reason of subdividing the industrial area (located in the Redevelopment Area) into smaller parcels. The intention of the Redevelopment Area is to combine Planning Commission Minutes November 21, 1988 - Page 8 parcels rather than to continue chopping them down into smaller parcels. He does not see any advantage that can be gained as far as sales by having this kind of tentative map. The motion died because there was no second. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend the City Council approve Tentative Parcel Map 88-388 subject to the Engineer's Staff Report and conditions as listed in the staff report. AYES: Commissioners Bosch, Hart, Master, Scott NOES: Commissioner Greek MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Scott, that the Planning Commission recommend the City council approve Conditional Use Permit 1722-88 subject to Conditions 1-7 in the staff report. AYES: Commissioners Bosch, Hart, Master, Scott NOES: Commissioner Greek MOTION CARRIED IN RE: NEW HEARINGS CONDITIO1~iAL D3B PSR!!IT 1725-88 - THO PHAIYl: Proposed Conditional Use Permit to allow a 320 square foot dance floor in a restaurant located in the C-2 zone on an 8.28 acre parcel of land located at the southeast corner of Town & Country Road and Main Street, addressed 777 South Main Street #33. NOTE: Negative Declaration 1265 has been prepared for this project. Mr. Godlewski pointed out one of the conditions mentioned several Crime Prevention requirements that were previously required and had not been made up to this point. A memo was received from the Police Department stating that the previous conditions have all been complied with. Therefore, said conditions can be eliminated. (Condition 5.) A staff report was not presented. The public hearing was opened. Proponent: Thu Pham, 2111 West 17th Street, X826, Santa Ana, is G Planning Commission Minutes November 21, 1988 - Page 9 the manager of Rukus Restaurant. They have been in business for more than a year and would like to add a dance floor and apply for a dancing permit. The public hearing was closed. Moved by Commissioner Master, seconded by Commissioner Bosch, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1265. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Master, seconded by Commissioner Bosch, that the Planning Commission approve Conditional Use Permit 1725-88 subject to the conditions listed in the staff report, excluding Condition 5. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: ADJOURNMENT The Commission adjourned to a joint meeting with City session on the proposed General il for a stud C y ounc Plan Amendment to be held December 1 and December 8, 1988 at 8:00 a.m. in the Weimer Room; then adjourned to the next regular meeting of December 5, 1988 with a study session at 6:30 p.m. in the Weimer Room and a regular meeting at 7:00 p.m. in the Council Chambers. The meeting adjourned at 7:50 p.m. /sld L`