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HomeMy WebLinkAbout10/3/1988 - Minutes PCPLANNING COMMISSION MINUTES City of Orange ^ Orange, California October 3, 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 Ron Thompson, Director of Community Development; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF SEPTEMBER 19, 1988 Moved by Commissioner Master, seconded by Commissioner Hart, that the Planning Commission approve the Minutes of September 19, 1988 as recorded. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: PUBLIC HEARING ITEMS ZONE CHANGE 1100-88 - CITY OF ORANGE: A proposed change of zone from M-1 to R-3 (Residential Multi-Family) on property located at the northeast corner of Almond Avenue and Pixley Street. NOTE: Negative Declaration 1259 has been prepared for this project. Mr. Carnes presented the staff report. The proposal is to change the zoning on an approximately 10,000 square foot parcel from M-1 to R-3 to permit the residential development of the property. With the change in zoning and with the existing General Plan designation of medium density up to 15 units per acre, it would permit the development of a tri-plex on this property. As part of the development proposed, there will be a lot line adjustment required to create the new lot and separate it from the larger lot, which includes the water well site. The applicant has prepared a conceptual plan that shows the potential placement, garages and landscaping area for a tri-plea development. The City's Water Department currently owns the property. Planning Commission Minutes October 3, 1988 - Page 2 Commissioner Master asked if the development were going to be an application by the City for subsequent development on the property? Mr. Carnes stated the development was for three low-income housing units by the Orange County Community Housing Corporation. The public hearing was opened. John Lane, Manager of C.D.B.G. and Housing Programs, said that the Orange County Community Housing Corporation is a non-profit Corporation created in 1977 in Orange County to attempt to partially address the need for more affordable housing in the County. Since that time, they have built, managed, maintained and operated a number of low income housing projects in various cities throughout the County. Some of the cities are Buena Park, Cypress, Placentia; they are working on a project in Santa Ana; they have built a project in San Juan Capistrano. The proposal would ultimately result, if approved, in the Redevelopment Agency of the City of Orange acquiring the property from the City and then negotiating the development of the property for this use with the non-profit Corporation. Fair market value would be paid for the property to the City from the Housing set-aside funds that accrue to the Redevelopment Agency. Commissioner Hart asked if this placed the City in a landlord situation? Mr. Lane responded it would not place the City of Orange in that position. The Corporation is equipped and prepared to design, build, manage and maintain any project they are involved in. Commissioner Hart asked if research or studies have been made on the Corporation's other projects in the County to see how efficiently they are run? Mr. Lane said they have done that. They have been meeting with the Corporation for the last eight months and felt it was a very good opportunity to show anybody who might be concerned what kind of a project a non-profit Corporation could do and what it would look like over time. He has visited other projects in other cities and has talked with some of the staff people involved in those projects. Commissioner Master asked if the City had the right to select tenants for this project. Allan Baldwin, Executive Director, Orange County Community Housing Corporation, 1833 East 17th Street, Santa Ana, Planning Commission Minutes October 3, 1988 - Page 3 stated they do work on a priority basis for their projects. They work with the neighborhood to prioritize the units for Orange residents. They use Section 8 certificates to assist in the affordabilit y, using Orange residents with Section 8 certificates. They will be working over the next eight to ten months to find those Orange residents with cer tificates. Chairman Scott asked what the life of the project was? Mr. Baldwin stated it would be forever. It will not be converted to another use. There will be the necessary deed restrictions on the property to preserve the affordability forever. Those speaking in opposition: Darlene Gorman, 143 South Pixley, owned a business in the area and asked what affect it would have on their business operation. Chairman Scott responded it would not have any affect on them. John Whiteriver, 194 South Pixley, thought the area was to be left in an old-fashioned manner. How will this affect Old Towne? Commissioner Hart stated from an architectural stand point, the project must adhere to the architectural standards for a design that is compatible with the surrounding properties. Mr. Whiteriver asked if they will be forced later on to sell to a large corporation so they can build housing projects in the neighborhood? Chairman Scott commented that as far as the architectural concept, the project will be reviewed before the Design Review Board to blend in with the neighborhood. Nobody will force you to sell your property. The City Council has taken a policy that they would not use condemnation to acquire any properties within the Redevelopment Project Areas of the City. ® The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission recommend to the City Council to accept the findings of the Environmental Review Board to file Negative Declaration 1259. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Planning Commission Minutes (~rt~t~er 3. 1988 - Page 4 IN RE: Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend to the City Council to approve Zone Change 1100-88. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED PUBLIC HEARING ITEMS GENERAL PLAN AMENDMENT 4-88, ZONE CBANGE 1099-88, CONDITIONAL USS PERMIT 1702-88 AND VARIANCE 1847-88 - TONY'S ONOCAL: Proposed General Plan Amendment from Low Density Residential (2-6 dwelling units per acre) to Industrial, a Zone Change from R-1-6 to M-1 (Light Manufacturing), a Conditional Use Permit to allow outdoor storage adjacent to a single family residential zone and a Variance to eliminate the required side and rear landscaping area and to reduce the street frontage landscaping area from a depth of 10 feet to 8 feet. Subject property is located on the west side of Bedford Road, 120 feet south of LaVeta Avenue (524 South Bedford Road). NOTE: Negative Declaration 1242 has been prepared for this project. Mr. Carnes presented the staff report. The applicant is proposing to convert an existing residential lot into a storage yard for his towing service. The towing service is presently operated out of his service station which is directly adjacent and to the north of the proposed zone change lot. He will be removing the existing residence and building an eight foot block wall on the west and south property lines, and on the east property line, adjacent to Bedford, there would be an eight foot landscaping setback area. The north side would have a gate opening onto the service station property. The site is approximately 6,000 square feet in size. Staff's review of the project raised several concerns with the intrusion of a manufacturing use into a residential zone. Also, this could be to further conversion of residential properties going south on Bedford if this one is approved. The request for a manufacturing zone is required because the proposed outdoor use is not permitted in a commercial zone. Because there is a General Plan Amendment involved, the Planning Commission's recommendation will be referred to the City Council for final action on all four requests. The public hearing was opened. Tony and Allyson Suskie, 1650 West LaVeta, propose to open Planning Commission Minutes October 3, 1988 - Page 5 ~I up the facility behind their existing facility for storage of vehicles and employee and tow truck parking. They recently picked up a contract with Orange P.D. and they are demanding a great deal of room for them to store vehicles. Commissioner Bosch referred to Page 3, Item 8 of the Staff Report, which indicates in some cases a vehicle will be returned to the site to be picked up by a buyer or the owner. Are there car sales also involved? Who are the buyers mentioned in the Staff Report? Mrs. Suskie stated that was misunderstood. There is no buyer. They tow cars on a temporary basis. People redeem their car if it was impounded. There is no buying of cars involved. They are also involved in picking up abandoned cars. Commissioner Hart said the Staff Report indicated there were two off-site storage lots. (That is correct.) Mrs. Suskie said they have been renting from other outside sources to justify enough space to house the vehicles. This is an inconvenience to the public for them to go to another location to redeem their vehicles. Mr. Suskie said they plan on keeping their junk vehicles at the other two facilities. Those speaking in opposition: Carl Clexton, 573 Devon Road, took a poll of the neighbors on Crest, Devon and Bedford. Eighty to ninety percent of the residents are opposed to this project. It is an unsightly situation. Sharon Limberg, formerly Sharon Foster, 251 North Cambridge, is the daughter of the owner of the house at 523 Crest Road. Her mother is in Florida, but asked Sharon to speak in opposition. There are some disadvantages to living next to a gas station. Property values are considerably less in that neighborhood because of the gas station and it will lower property values even more; it is undesirable. Greg Webster, 533 South Crest, commented on the noise level of the tow trucks coming and going every night. There are junk cars that are for sale on the corner; they take a lot of room. He does not believe he needs more space. Mr. Clexton added his comments regarding the noise level and property values. ~~l~nning Commission Minutes October 3, 1988 - Page 6 'i"~' ~ Rebuttal: Mr. Suskie cleared the air about the old vehicles on the lot; they are not junk and none of them are for sale. They belong to customers who come to him to have the cars worked on. There are 15 to 20 cars on the lot; he's a busy business with 14 employees. There may occasionally be one car on the lot for sale to a customer that comes in. His operation is open from 6:30 a.m. to 6:30 p.m. He has two lights; one on the corner of Crest and Bedford, far corner, to let people exit in or out at night when they are closed. Mrs. Suskie said the main reason for this request is to house any of the cars the people may think are unsightly to begin with. They are striving to keep a clean business. Lighting provides additional security in the area. They have not had any problems with crime. Their concern is to keep the place neat and orderly. The public hearing was closed. Commissioner Bosch expressed his difficulty with the project relative to the sound principals of planning for the community in proposing the General Plan Amendment, in which spot zones on a General Plan level a M-1 zone into the midst of a residential neighborhood and adjacent to major commercial enterprise. He recognizes the existing neighborhood has been severely impacted over the years by the growth of the major commercial areas to the east and south with increased traffic along LaVeta. The gas station is a well run operation. But the addition of the towing service and car storage in this area is significantly a different kind of use which is more appropriate in the M-1 areas of the City. The Conditional Use Permit process requires the Commission finds that it be granted on sound principals of land use without causing deterioration of bordering areas or special problems to the area and would not have a negative impact on the community. He sees the 8 foot block wall, the light and the further intrusion into the neighborhood of a M-1 use vs. a lighter transitional commercial or heavier density residential uses being incompatible with that type of finding. The variance procedure requires them to find by state law that it would not constitute a grant of special privilege inconsistent with limitations on other properties in the zone. They cannot find a hardship that is required by code for the variance. Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission recommend to the City Council not to accept the findings of the Environmental Review Board to file Negative Declaration 1242. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Scott, that the Planning Commission recommend to the City Council to deny General Plan Amendment 4-88, Zone Change 1099-88, Conditional Use Permit 1702-88 and Variance 1847-88 for the reasons stipulated. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Mr. Godlewski explained this item would automatically be heard by the City Council for final action because of the General Plan Amendment request. The item will be re-advertised and once again, residents will be notified. IN RE: PUBLIC HEARING ITEMS CONDITIONAL USE PERMIT 1714-$8 - ROBERT C. PEREZ: 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 west side of Hewes Street between Chapman Avenue and Washington Avenue, addressed 240 South Hewes Street. NOTE: Negative Declaration 1252 has been prepared for this project. A staff report was not presented and the public hearing was opened. Robert Perez, 2022 South Standard, Santa Ana, is ready to build the project and is seeking Commission approval. The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1252. ~j'i 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 1714-88 subject to the conditions in the staff report. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Planning Commission Minutes October 3, 1988 - Page 7 Planning CAY~t~i~sion Minutes Goober 3, 1988 - Page 8 Tid RE: PUBLIC HEARING ITEMS CONDITIONAL USE PERMIT 1715-88 - MYRON D. HARTWIG: 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. NOTE: This project is exempt from environmental review. A staff report was not presented and the public hearing was opened. Michael Lehman, 2238 East Madison, architect for the project on behalf of Mr. and Mrs. Hartwig. They have reviewed the staff findings and find that there are two questions: one is regarding the primary entrance to the unit along the south side of the new structure. The Staff Report does not give them a requirement so they are a little confused. Also, there is a question about the game room, which is part of the new unit but is intended to be used by the Hartwigs as part of their primary residence; not as a rental unit. The existing residence is to remain and the new structure is to replace the existing two car garage. The replacement will be with a three car garage with a two bedroom apartment up above. The style of the new structure will be consistent with the existing structure. They disagree on two points listed in the Staff Report: A requirement for a soils report and grading plan to be submitted prior to building permits. They feel the soils report and grading are excessive for this project. There is no grading to do per se. It is a residential structure and the Uniform Building Code maximum allowable without a soils report will be more than adequate to substantiate any structural calculations. Also, the requirement to rebuild much of the public right-of-way including the driveway. The report states that the 30 foot. driveway should be reduced to a 24 foot driveway. They measured and the existing driveway is actually only 20 feet. The other item is the rebuilding of the corner at Harwood and Almond to a 32 foot radius, which includes a rededication of that corner by the owners to provide a 45 degree angle rather than the 90 degree angle that is there now. They understand that the corner was rebuilt only a few years ago to provide a handicap ramp. Commissioner Bosch spoke about the entrance being in the southeast corner. He appreciated Mr. Lehman addressing that issue. It appears to impose upon existing adjoining neighborhood residential lots by placing both the entrance and the deck at that location, although it does appear to protect the privacy of the residents remaining on the site. Planning Commission Minutes ,~, October 3, 1988 - Page 9 Mr. Lehman said there will be a wall between the property and the adjacent south property. By making that a passage way only, there will be no activities in there other than circulation. There will be no invasion of privacy as they see it. To provide an excessive setback would encourage that area for other uses. Lighting can be provided in a way that does not interfere with the neighbors' privacy. The entrance below will be screened by a wall. He did not have an answer for the upstairs deck, but screening can be provided. Chairman Scott spoke about the curb return. By state law, you are required to put in handicap access. The City is requiring an increase in the curb return and side distance. Mr. Johnson addressed the driveway and curb issue. Commissioner Greek suggested continuing the hearing. Commissioner Hart thought there may be other problems with the plan. He had a problem with the separate game room and entrance. It makes it convenient for a rental. Commissioner Bosch spoke on the invasion of privacy. The ~'"'* project has been designed to assure that there is minimal ~~ intrusion on the existing residents' yards. The guest room or game room is compatible with it. The only window in the north elevation of the second unit is high up in the two story volume and has minimal impacts. It appears all the potential for light, air and view from the habitable unit i ze have been directed to the adjacent properties to minim the impacts on the existing property. The concern is that there should be a minimizing impact on the neighbors, even if there are some on the existing residence. He asked for alternatives. Mr. Lehman said alternative schemes could be studied. It is their desire to be respectful of the neighbors. Those speaking in favor: Yvonne Torrance, 2624 Romelle Avenue, owns the property at htful development thou i g s was a 802 East Almond, thought th for Old Towne. She hopes something can be worked out. The public hearing was closed. Commissioner Bosch was hopeful that the proponent of the th i e ng project might offer some suggestions towards mitigat ' s basically a impacts he perceived on the neighbors. It re respectful of the neighbors' b e mo good project if made to Planning Commission Minutes October 3, 1988 - Page 10 v N RE privacy. He does not see how to condition the project to solve the problems. Commissioner Greek said the project is in the right zone and is a proper use, but in his opinion it is an attempt to extract extra units. It's a bad layout. Chairman Scott said the Commission's concerns are with the access, the conceivable game room and the visual intrusion upon the neighbors. Also, the information provided on the plan needs to be correct. They sought the concurrence of the applicant to continue this item. Mr. Lehman was in agreement. Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission continue Conditional Use Permit 1715-88 to November 7, 1988 for the applicant to consider the concerns/comments addressed in the staff report. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED PUBLIC HEARING ITEMS AMENDMENT 6-88 - CITY OF ORANGE: A proposed amendment to the Orange Municipal Code permitting the concurrent sale of beer and wine and motor vehicle fuel. NOTE: Negative Declaration 1251 has been prepared for this project. A staff report was not presented. The public hearing was opened and then closed. Commissioner Bosch stated for the record that state law requires the City to allow this to occur. They are allowed to propose legitimate and proper conditions to the application. Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission recommend to the City Council to accept the findings of the Environmental Review Board to file Negative Declaration 1251. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Planning Commission Minutes October 3, 1988 - Page 11 Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission recommend to the City Council to approve proposed Ordinance Amendment 6-88 as presented. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Commissioner Greek favored the sale of beer and wine at all gas stations. IN RE: MISCELLANEOUS PARKING ANALYSIS FOR JEFF'S SPORTS CONNECTION DELI: A request for shared parking in order to locate a deli at an existing retail shopping center at the Village walk Shopping Center located on the west side of Tustin Street, just south of Katella. Commissioner Greek excused himself from the meeting due to a potential conflict of interest. Jeff Powell, 2915 Cottonwood, does not feel there is a problem with the parking. He agrees with Austin-Foust's report. He has lived in the area since 1970. He has not witnessed any major parking problem at this location. Chairman Scott asked Mr. Powell to explain the type of deli that is proposed. Mr. Powell said they would have beer and wine, sandwiches, chili, along with a sports atmosphere. He enjoys sports and is looking for a nice family atmosphere. Would this be similar to Hollingshead? Mr. Powell said Hollingshead was larger. He plans on having a t.v., which they did not. He has about 12 different kinds of sandwiches. Commissioner Hart asked why they were having a hearing on this if Hollingshead did not go through the procedure. hir. Godlewski understood the original deli was approved on a much smaller scale and then later expanded into adjacent tenant spaces somehow without informing the City. The Code requires the Commission to sanction this type of request. It is not a Conditional Use Permit because of parking modifications. If the Commission feels there is adequate justification and agree with the report, then a motion can be made. Planning Commission Minutes October 3, 1988 - Page 12 Moved by Commissioner Hart, seconded by commissioner Bosch, that the Planning Commission approve a parking modification for the Village Walk mixed use development at the northwest corner of Tustin and Adams, with the added condition that limits the use of the cinema lease space to a use that is no more intense (in terms of required parking and hours of operation) than the existing one. AYES: Commissioners Bosch, Hart, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Commissioner Greek returned to the meeting. IN RE: ADJOURNMENT The next regular meeting will be held Thursday, October 20, 1988, 7:00 p.m., with a 6:30 p.m. administrative session.. The meeting adjourned at 8:30 p.m. /sld