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HomeMy WebLinkAbout10/21/1985 - Minutes PC PLANNING COMMISSION MINUTES City of Orange Orange., California October 21, 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, Greek, Hart, Mason, Scott ABSENT: None STAFF John Lane, Administrator of Current Planning and Commission Secre- PRESENT: Lary; Jim Reichert, Associate Planner; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE c IN RE: MINUTES OF AUGUST 19, 1985 Moved by Commissioner Hart, seconded by Commissioner Greek, that the minutes of August 19, 1985, be approved as recorded. AYES: Commissioners Master, Greek, Hart,-Mason, Scott NOES: None MOTION CARRIED IN RE: MINUTES OF SEPTEMBER 30, 1985 Moved by Commissioner Scott, seconded by Commissioner Mason, that the minutes of September 30, 1985, be approved as recorded. AYES: Commissioners Master, Greek, Hart, Mason, Scott NOES: None - MOTION CARRIED 1[N RE: ITEMS TO BE CONTINUED OR WITHDRAWN Mr. Lane said requests had been made for continuance of two items, Conditional Use Permit 1460 and Variance 1776. Moved by Commissioner Mason, seconded by Commissioner Hart, that Conditional Use Permit 1460 and Variance 1776 be continued. AYES: Commissioners Master, Hart, Mason, Scott NOES: None ABSTAINED: Commissioner Greek MOTION CARRIED IN RE: OTHER BUSINESS REDEVELOPMENT PROJECT AREA ACTIONS Mr. Lane said that people from the Redevelopment Agency had requested that this item be heard prior to the other items on the agenda because one of Redevelopment people has to catch a plane at Los Angeles Planning Commission Minutes October 21, 1985 Page Two Airport. Cha rman Master asked those in the .audience present for the other items on the agenda if they objected to this item being heard first. There were no objections. Commissioner Hart said he had been advised by the attorney repre- senting the Redevelopment District that an interest he has in property in the district prohibits him from acting on the matter, and he asked to be excused from the hearing, Commissioner Greek asked to be excused because he is doing engineering work ~trr clients in the redevelopment area. Mr. Lane said the item under consideration is a proposed amendment to expand the redevelopment project area, and outlined the area proposed to~lbe included. He said the Commission is being asked to consider three things:. 1) adoption of Planning Commission Resolution No. 65-85 relating.to the draft blight report, 2) Plan- ning Commission review of purvey area. and selection of project area boundaries in relation to expansion of the Southwest Redevelop- ment Project Area, and 3) Planning Commission approval and adoption of preliminary plan. He said the recommendation is to approve and adopt the resolution. Ron Thompson, Economic Development Director for the City of Orange, pointed out the area under consideration on the map on the wall, and said there are several minor amendments and corrections that will have to be made.' Chairman Master asked if there is an intent to revise the maps and Mr. Thompson said the areas intended to be revised will be pointed out to the Commission and such revisions will be made on the maps to be shown to the City Council. Mr. Thompson then discussed those areas to be revised wh ile an assistant pointed them out on the map. Commissioner Mason asked if the river to the north was being. taken out,- because that was the intent of the Commission. Mr. Thompson said they would come southerly along the west bank of the river to Chapman and across Chapman along the east bank of the river to join the redevelopment project area. Commissioner Greek said the Commission`s intent as far as the east side of the freeway off ramp ~s concerned is to come south only to LaVeta to take in the commercial property facing LaVeta, not to go south to Lawson Way. Mr. Thompson said that correction would be made. Commissioner Scott said he thought the intent of the Commission was to take in the restaurant and the old municipal golf course on south Gl~assell and just exclude the rectory of the church. Mr. Thompson said he would see that this change is made also. Chairman Master pointed out that the Commission's intent was not to include the new addition to Children's Hospital on the corner of M-aih,-and laVeta but to make sure the entire intersection will be included, He asked if this could be done and Mr. Thompson said the boundaries could include the hospital complex or not, whatever Planning Commission Minutes October 21, 1985 Page Three would be desired. Commissioner Scott said his recollection of what transpired at the study session was that the Commission was going to check to see if the hospital complex is tax-exempt. or not and if it is taxable then the boundaries could extend to include Palmyra. Mr. Thompson-said those properties were deleted because they are tax-exempt; however, they failed to delete the new Children's Hospital addition. Commissioner Mason asked if Children's Hospital did buy the building from the telephone company and Mr. Thompson said that is his under- standing. Chairman Master expressed the Commission's concern that the northwest triangle property owners are not going to be put under duress to sell their properties to thee-developer in that area or be subject to implied or impending condemnation proceedings.. Mr. Thompson .said fiis staff understood the Planning Commission`s desire not to have these property owners feel that the City has established a policy of enforcing the condemnation act upon them. so the developer can acquire those parcels. Mr. Thompson said he would also indicate to the City Council at its meeting of October. 22 .that the Planning Commission is concerned about this and convey the Commission's desires in that regard. Chairman Master opened the public hearing, Mark J. Huebsch of Stradling, Yocca, Carlson & Rauth, attorneys at law, 660 Newport Center Drive, Newport Beach, commented on the disqualifications. He said that in accordance with the political Reform Act contained in the Government Code, officials are not to participate in decisions where they may have an interest different from that of the public generally; for this reason Commissioners Hart and Greek asked to be excused from the hearing. He said he appreciated the cooperation of the Commissioners in answering his. questions and helping him make the analysis he has to make in determining who has to be disqualified and can't participate. He said the action being taken at this meeting in to approve the preliminary plan and designate boundaries. He said should the Redevelopment Agency proceed with its plan, the proposed redevelopment plan would return to the Planning Commission in a few months for consideration as to consistency with the General Plan and the Commission's recommendation as to whether or not the City Council should proceed to adopt it or not. Commissioner Mason asked if the next time this matter comes before the Commission there will be a public hearing. Mr. Huebsch said it will not be a public hearing but there is a public hearing at the end of the process that will be published fourt!imes, posted, and notices mailed to every property owner in the project area. He said that in addition there will be various items that come before the Redevelopment Agency over the next few months, and environmental review process and fiscal discussions with taxing agencies, so there is additional disclosure along the way. He said at any time along the way the Planning Commission could make policy recommendations. V Planning Commission Minutes October 21, 1985 Page Four Chairman Master said he hoped that any members of the press present in reporting this hearing will also publish the map since he feels that what is being said should be public information. Chairman Master declared the public hearing closed. Moved by Commissioner Scott,. seconded by Commissioner Mason, that the Planning Commission adopt Planning Commission Resolution No. 65-85, amend the boundaries of the redevelopment project area and adopt the preliminary plan.. AYES: Commissioners Master, Mason, Scott NOES: None ABSTAINED: Commissioners Greek, Hart MOTION CARRIED Lt was established that the adoption of the resolution included approval of .the draft bight report. Commissioner Mason asked that the Planning Commission be allowed to review the final map after the corrections requested at this meeting are done as revisions to the map. She asked if it would be corrected before the City Council sees it at its October 22 meeting and was told by Mr. Thompson that it would. Chairman Master asked that the revised map be .included in the Commissioners` packets at a later date. IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1464 - TAN CENTRAL Proposed indoor suntanning facility in an existing shopping center in the C-P Zone at the southwest corner of Katella Avenue and California 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 six conditions in its report. He pointed out that the Commission had received a letter from Patricia Geis stating that she is opposed to the proposed use. v Chairman Master opened the public hearing. Russell McCartney, Wolf System, 18218 East McDermott, Suite C, Irvine, explained the Wolf System for suntanning. Chairman Master asked Mr. McCartney if the lamp is harmful with respect to ultra-violet rays and if a test is performed periodically to ensure safety.. Mr. McCartney said all such lamps are registered with the Food and Drulg Administration and that Wolf lamps are guaranteed fora minimum efficiency of 85% for 1,000 hours. He said. the lamps are checked and replaced as needed. Chairman Master declared the public hearing closed, . Planning Commission Minutes October 21, 1985 Page Five ~lot~rniasyor~er~ Mason asked if there ;aa^e any other tanning booths in the City of Orange. Commissioner Scott said there were ~iranning booths in Nautilus on North Tustin. Mr. Minshew said Holiday Spa has tanning booths. Commissioner Scott said Nautilus has moved to The City and he doesn;`t know whether or not there are tanning booths in the new location. Mr. Reichert said it is possible there may be tanning booths in establishments in the C-1 and C-2 Zones. but since it is a permitted use in those-zones a request for such would not have come before the Commission. Commissioner Hart made reference to Ms. Geis`- statement that she feels a tanning establishment is a forerunner to a massage parlor;-and asked Staff if it has heard any adverse comments .about fhis type of operation. Mr. Lane said there have not been any adverse comments made to Staff. Chairman Master declared the public hearing closed. Moved by Commissioner Greek, seconded by Commissioner Hart, that the Planning Commission approve Conditional Use Permit 1464 subject to the conditions in the Staff Report, AYES: Commissioners Master, Greek, Hart,--Mason., Scott NOES: None MOTION CARRIED IN RE: NEW 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. NOTE: This project is exempt from environmental review. Mr, Lane made the presentation in accordance with the Staff Report and said Staff recommends approval. Commissioner Scott said that Condition No, 12 of the original Conditional Use Permit adopted in 1981 stipulated that. the City Council review for compliance with all conditions, and asked if such a review was made and whether or not any comment was made by the neighbors at that time. Mr. Lane said he assumes such a review was made and has not heard of any adverse comments. lie said the three conditions relating to physical use on the site,-that were added by the City Council, seem, to have been complied with.;-so he is assuming that the neighbors-were satisfied although he is not positive of that. Commissioner Scott asked if any concern had been expressed about the time of day of the activity and Mr. Lane said he had no knowledge of any complaints. Chairman Master asked when this was reviewed by the City Council. Mr. Lane said it was to have been reviewed in 1982 and if it wasn`t done he suspects the neighbors would have complained. Planning Commission Minutes October 21, 1985 Page Six Chairman Master opened the public hearing. Terry Hettig, 2873 East Gerald Street, Anaheim, Director of the pre-school, explained that the eight children being added will be in .the infant center which is in a separate room from the rest of the school and that it has been approved by the State and the Fire Department, She said the infants. will also use a separate playyard which is between two buildings and has met all State regulations. Mrs. Hettig said two gentlemen did review the site a year after approval of the original conditional use permit. Verdon Craig, 825 East Barkley Avenue, Orange, owner of the property to the north and northeast. of the playground area, vo,iced~~very strong objections to the noise emanating from the playground which is-only five feet from her home. She said she and her husband strongly opposed the pre-school in 1981 at the Planning Commission hearing and did not realize that she could also voice objections at the City Council hearing. She said that in 1981 she and her husband both worked and consequently were not bothered by the noise level for the entire day. However, she is now ill and has undergone surgery and found it extremely difficult to recuperate due to the high level of noise. She gill undergo additional surgery in two weeks and is not looking forward to another period of recuperation under such difficult circumstances. She demonstrated the noise level by praying a recording she had made while standing in her bedroom near the open window and commented that she would find it very difficult to concentrate on getting well while being subjected to this extremely high noise level. Mrs. Craig said she feels the pre-school should not even be in that location, let alone adding more students to the operation, pointing out that it isn`t fair to have such noise only five feet from a private home. Commissioner Scott asked at what time of the day this noise went on. Mrs. Craig said it went on from 8:00 a.m. until 6:00 p.m. except for about two hours around noon when it is relatively-quiet. She agreed that the pre-school is comp~,lying with the noise conditions established in 1981. Commissioner Mason pointed out that the addi- tional students proposed to be added are supposed to have a separate playyard in between the sanctuary and the existing pre-school and wondered if they will eventually be added to the 87 children now in the pre-school. .Mrs. Hettig pointed out that at such time as any of those from the infant school are ready to move up into the main pre-school area others will have reached an age where they will leave to attend grade school and at no time will they allow the pre-school to have more than 87 children. She said the State drops in a couple of times a year to check and they have never had a violation. Commissioner Hart said he believes Mrs. Craig's problem is not with the infants proposed to be added but rather with the existing 87 children playing in the yard adjacent to her home creating the constant noise level and said he thinks that is what the Commission Planning Commission Minutes October 21, 1985 Page Seven sho~rld address. Commissioner Mason pointed out. that the pre-school is complying with all the conditions in the original conditional use permit. Commissioner Hart said he is wondering if anyone knew that the noise level would be as high as it is at the time the original conditional use permit was approved. He asked if a decision on this matter could be delayed until he could visit the pre-school and check it out himself because he was not aware of the noise 'level and could sympathize with Mrs. Craig if he had to listen to it for ten hours a day. Commissioner Scott said he also would like to visit the pre-school at different times during the day on different days to observe. Moved by Commissioner Hart, seconded by Commissioner Scott that ~c~tion' on ~.Conditionai7 Use Permit 7070 be continued to the meeting of November 4, 1985, to allow members of the Commission and Staff. tb review the conditions as they are. AYES:. Commissioners Master,-Greek, Hart, Mason, Scott NOES: None MOTION CARRIED IN RE: OTHER BUSINESS Commissioner Greek said he would pike to take the necessary action to have meetings on a regular basis with the redevelopment staff and suggested it be at 7:00 a,m. on the mornings of the regularly scheduled Planning Commission meetings. Chairman Master he would like to have avai1ab~e to the Planning Commission $ome of .the rationale and guidelines as to the particular points to look for in selecting or not selecting various areas. Discussion followed on a possible time .this could be done on a regular basis or if it should not be regularly scheduled but just when deemed necessary.. Chairman Master suggested~t be included as an item for regularly scheduled. study sessions. Commissioner Greek said he would prefer to have such meetings on a regular basis and at a minimum of twice a month. Commissioner Scott suggested meeting at 5:00 p.m, prior to the regular Planning Commission meetings. Mr. Lane suggested having Staff talk to Mr, Thompson and set something up, Commissioner Mason asked if the other Commissioners had had a chance tp look at the revised conditions on Tentative Tract 12458, Bob Bennyhoff, 10642 Mirada Drive, Orange, brought up the matter of the large amount of ..houses inside the redevelopment area, all in the area zoned commercial. He said the City Council specifically said there would be no residential units condemned. He said he wonders where the City is headed as far as these residences are, concerned. Ne asked what will happen if the people who live in those residences don`t want to sell them. He asked for an explan- ation of where the City is headed because it looks to him like the City is going-down a very dangerous road, He said if anything is going to be done along redevelopment lines in those areas the ' Planning Commission Minutes October 21, 1985 Page Eight houses will have to be condemned if the owners don't want to sell, yet they have been. promised there will be no condemnation. He asked how the City is going to guarantee no condemnation. Chairman Master said it is a matter that the City Council will have to address. Mr. Bennyhoff said he believes the Planning .Commission is going to have to concern itself with it also. He said he thinks that what the Commission did at this meeting opens the door fora lot of serious question asking. Chairman Master said he is sure questions will. be asked of both the Commission and the City Council. Commissioner Scott said this was the concern of the Planning Commission, mainly surfaced very heavily by Commissioner Hart, and the Commission was told it was not looking at a five-year future but rather at a thirty-five- to forty-year future and the areas encompassed within the redevelopment boundaries have already started transitidnin~ nto offices rather than homes. Commissioner Greek brought up the matter of the pre-school`idirector te17ing the Commission that the addition was approved by the Fire Department and said when an applicant makes a statement of this nature he would like to see something in writing supporting it such as a statement in the Staff Report that it had been done. IN RE: ADJOURNMENT The meeting was adjourned at 9:30 p.m, to reconvene at a regular meeting on November 4, 1985, at 7:30 p.m., at the Civic Cente r Council Chambers, 300 East Chapman Avenue, Orange, California. n 0