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HomeMy WebLinkAbout10/19/1987 - Minutes PC f'` PLANNING COMMISSION MINUTES October 19, 198? Monday - 7:30 p. m. The regular meeting of the City of Orange Planning Commission was called to order by Chairman Greek at 7:30 p. m. City of Orange Orange, California PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: Jack McGee, Associate Planner & Commission Secretary; Ron Thompson, Director of Community Development; Gene Minshew, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE -C IN RE: MINUTES OF SEPTEMBER 29, 198? Moved by Commissioner Scott, seconded by Commissioner Master, that the Planning Commission approve the Minutes of September 29, 1987 as recorded. AYES: Commissioners Hart, Master, Scott NOES: None ABSTAINED: Commissioners Bosch, Greek MOTION CARRIED IN RE: ITEMS TO BE CONTINUED Staff received two letters from Mohler Corporation requesting continuance of Items 3 and 4 -- General Plan Amendment 4-87 "A" and "B". The other letter is from the applicant's architect <Item 4) requesting a withdrawal of Variance 1824. Bob Colin, applicant, would like to continue the pro,~ects for at least two weeks. Moved by Commissioner Scott, seconded by Commissioner Master, that the Planning Commission accept the applicant's request to continue Items 3 and 4 to the meeting of November 2, 1987; and to delete Variance 1824. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS Chairman Greek excused himself from the meeting due to a potential conflict of interest. . ~ ,. Planning Commission Minutes October 19, 198? - Page 2 ZONE CHANGE 10?? & CONDITIONAL USE PERMIT 1623 - DON R. ADKINSON: Request for a change of zone from R-1-6 (Single Family Residential) to C-2 (General Business) and a Conditional Use Permit to allow development of a fast food restaurant with a drive through window aisle on property located on the northwest corner of Chapman Avenue and Bitterbush Street, addressed 2401 West Chapman and 130 Bitterbush Street. NOTE: Negative Declaration 1169 has been prepared for this project . The staff report was presented by Jack McGee: The site is 20,8?0 square feet in size and is currently occupied by Farmers Insurance office building <two story structure). Surrounding uses of the property are single family residential to the north and east in the R-1-6 zone; to the east also is a gas station, zoned C-2. South of the site and east of the site is C-2 commercial zoning with commercial uses located on them. The request is first for a zone change on a portion of the site. As the site currently exists, the front 14,000 square foot portion has a C-2 commercial zone on it. The rear 6,000 square foot of the lot has a R-1-6 zoning on it. It is requested to change that R-1-6 portion of the parcel to commercial to have unified zoning on the entire property. Additionally, there is a request for a conditional use permit, which would approve a drive-through window at the restaurant. The proposal is for a 2,565 square foot Carl's Jr. Restaurant. The development is illustrated on a site plan located on the wall. The drive through window would be on the west side of the building with parking to the east and north of the building. The drive through lane that is proposed is approximately nine feet wide at its narrowest spot adjacent to the building. The Traffic Engineer has suggested that perhaps the nine foot width is too narrow -- 10 foot would ease the use of that lane for larger vehicles. There is a speaker box adjacent to that drive through lane at the north end. Included in the site plan are 26 parking stalls. A couple of features are unique on this development. The aisle adjacent to the building is a one way aisle, as determined by the width that is provided. The two parking stalls at the northwest corner of the property, due to the location adjacent to the entry of the drive through lane, would be labelled as "employee only" spaces. The parking dimensions dictate there would need to be a 20% encroachment into the side yard setback, They are asking fvr an administrative adjustment to reduce the normal ten foot side yard area to 7 1/2 feet. The building will have a seating capacity for ?6 persons. Hours of operation proposed: 6:00 a. m. to 12 midnight on Sunday through Thursday; 6:00 a. m. to 2:00 a. m. on Friday and Saturday. The public hearing was opened. V Planning Commission Minutes October 19, 1987 - Page 3 Bart Brown, 2100 Orangewood Avenue, Orange, represented Donald Adkinson. He would be happy to answer any questions, but pointed out John Murray, site development manager for Carl's Jr., was also in attendance and could answer questions pertaining to the site or operation. Commissioner Bosh appreciated an explanation for the unusual site arrangement on the proposal as it is an unusual site and is imposing some constrictions upon what is normally expected for a drive through at a restaurant. John Murray, Carl's Jr. Restaurant, 1200 North Harbor Blvd., Anaheim, explained the site offers some physical constraints from the standpoint of the proposed building <length and width>. They can only have a one way access off of Chapman because of it. The nine foot driveway width at the window is Carl's Jr.'s minimum width for drive throughs. In order to get the required number of parking stalls, the two parking stalls were put up in the northwest corner at an angle, but they have been designated as "employee parking". In order to mitigate what the staff perceived to be a problem, with cars entering off of Bitterbush and entering the drive through, they have attempted to move the drive through entrance down to the south and have painted a line directing traffic so that it stays away from the parking stalls at the north end. Staff's other concern regarded the block wall along the flood control channel. They suggested in lieu of a six foot block wall that they place a three foot block wall with a three foot chain link fence on top of it, similar to the fencing on the west side of the flood control channel. The reason being that when cars are entering the site, it will not be completely blocked off; there will be some visual amenities as people drive into the site. Commissioner Bosch asked about the normal cueing that would be anticipated at the drive up window, and relative to total traffic and volume, what kind of peak hour traffic would there be? Mr. Murray stated the Traffic Engineer indicated he would expect 1400 vehicle trips per day. Those trips, however, would be closer to 700 - 800 based on Carl's Jr. sales and historical records. They have a maximum cue of about nine cars. That would be during a short duration at the lunch hour. Commissioner Bosch asked if there would be a way to control traffic onto Bitterbush; some congestion will result. Mr. Murray does not feel there will be a problem with traffic. Commissioner Bosch asked what kind of volume would be on the speaker box and what would be the anticipated carrying distance? Planning Commission Minutes October 19, 1987 - Page 4 Mr. Murray said they would adjust the speaker volume decibel level so it would not be annoying to the property owner to the north. They also agree to put up a six foot block wall. Commissioner Master asked for an explanation of the traffic design as it will create confusion for people coming in and going out. He does not feel it is an adequate situation to control the two way traffic. Mr. Murray proposes to paint one way stripes coming off of Chapman; then a sign will be posted at the rear of the restaurant indicating "Do Not Enter". They will be able to park in the stalls that are 90 degrees to the driveway access. This solution is uncommon; however, it can be resolved. Commissioner Hart said there was a sound ordinance and the sound could not travel past the property line. Mr. McGee confirmed this. There is a 55 decibel maximum to be received after the hour of 10 o'clock. Commissioner Master read Condition 8 regarding the noise level. Mr. Murray stated in regard to the nine foot width of the drive through lane, the reason they request nine feet instead of ten is that whatever type of wall that is built next to the flood control district, may have to be placed inside the property line as opposed to on the property line. Those speaking in opposition: C. M. Thompson, 625 West Katella #18, has a problem with the encroachment into the side yard, which is a continuation of the front yards of all the residences to the north. There are 11 fast food restaurants between the freeway and the proposed site. It looks like there is a lot of restaurant being jammed onto a very small site. There seems to be a major parking problem. Melissa Van Ert, 190 North Stevens, said there were 21 restaurants between Main Street and Bitterbush. There are at least three hours during the day when there is constant traffic at the proposed location. Posted signs will not deter people from making illegal turns. There is also another Carl's Jr. one mile away from this one. Her street is used as a trash can. Melanie Diederich, 205 North Flower, believes traffic will be a problem. She lives in a long standing neighborhood. The houses have been there for 35 years. In her family there are three generations living in that neighborhood. They do not want to be pushed out by the restaurants encroaching upon their properties. She also objects to the hours of operation. She felt there would be more pollution and traffic if this project were approved. Planning Commission Minutes October 19, 1987 - Page 5 Sandy Elliott, 129 North Bitterbush, has collected trash from the alley and now there will be trash from the restaurant. Property values will go down. Melissa VanErt questioned #22, a., Page 5 of the staff report and does not understand the statement. Mr. McGee said that section referred to a City ordinance and it is a finding that needs to be made by the Planning Commission in order to approve the request. It is not something that has already been done. Joanne Ross, 147 Bitterbush, directly across the street from the house that will be removed to put in the parking area. She has two small children she worries about playing in the front yard. She cannot comprehend the traffic, trash or noise if the project were approved. Mr. McGee clarified that a residence would not be removed. The proposal would only be within the existing confines of the parking lot and building of Farmers Insurance Development. Linda Brand, 182 North Stevens, commented the streets of Bitterbush, Flower and Stevens are very narrow. When cars are parked on both sides, it only allows for one car to go through at one time. A traffic jam will be created if this were approved. William Charles, 213 North Flower, stated the problems of the traffic situation at Bitterbush and Chapman. His concern is the trash in the area. Allan Elliott, 129 North Bitterbush, said there is a very narrow alley between his property and the 76 station. The traffic is going to increase there for sure. He is already getting graffiti on the block wall. It is just inviting more vandalism into his neighborhood. Joanne Ross forgot to point out it is really hard to get out of Bitterbush onto Chapman. The traffic situation is a hazard. John Murray understands the concerns of the people. He cannot recall a problem with graffiti; he is willing to post "No Loitering" signs and enforce that. Their staff will clean up the parking lot area and the area adjacent to the restaurant to keep it clean. To make the site as attractive as possible to the community, we will work with staff to put in substantial landscaping on Bitterbush and Chapman. Conditions stipulate that lighting on the site will not shine directly on any residential area. They will mitigate any concerns of the residents. Commissioner Scott asked how they would enforce the loitering? Planning Commission Minutes October 19, 1987 - Page 6 Mr. Murray said they have not had any problems with loitering, but they would put up a sign. If there is a problem, they would call the police to enforce that loitering. Commissioner Scott stated several people were concerned about the employees' parking. How would that be regulated so they would not park up and down the street. Mr. Murray said their employees would park on the site. He felt 26 parking stalls was sufficient for their operation. They don't have the overflow that MacDonald's or Burger King has. The maximum number of employees would be ten at the busiest time of the day. Commissioner Bosch asked if the hours of operation until 2:00 a. m. was routine with Carl's Jr. Mr. Murray said the hours of business fluctuate based on volume. This would be a good starting point, but could be adjusted. It would not be increased. Commissioner Bosch observed the impact on the neighborhood; a mayor one being head lights and traffic on Bitterbush. What can be done to mitigate those impacts, which is the primary egress from the site? Mr. Murray commented there would be no way to mitigate the problem of keeping headlights from hitting the residential home across the street. The public hearing was closed. Commissioner Master commented that residential development is out of the question; it is oriented to be commercial. He has concerns about the density. It's impact is an imposition to the residents. The development is too intense for the area. Commissioner Hart concurs with Commissioner Master's concerns about the density. The 20% encroachment allowance is not necessary. Commissioner Bosch finds similar difficulties with regard to the location of access to the site. It is too dense for the site. Moved by the Plan deny the Negative AYES: NOES ABSENT: Commissioner Bosch, seconded by Comm Wing Commission recommend to the City findings of the Environmental Review Declaration 1169. Commissioners Bosch, Hart, Master, None Commissioner Greek Lssioner Hart, that Council that it Board to file Scott MOTION CARRIED Planning Commission Minutes October 19, 198? - Page 7 Moved by Commissioner Bosch, seconded by Commissioner Hart, that the Planning Commission recommend to the City Council that it deny Zone Change 10?? and Conditional Use Permit 1623. AYES: Commissioners Bosch, Hart, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Mr. McGee stated a zone change is a final action if denied. This is a final action unless appealed to City Council. There is a 15 day appeal period. If it is appealed, there will be notices sent out notifying the same persons who received notices this time of a hearing date before the City Council. Chairman Greek returned to the meeting. IN RE: NEW HEARINGS ZONE CHANGE 10?9 - SOMMERVILLE MOHLER CORPORATION: Request for a change of zone from C-1 (Local Business) to R-3 (Multiple Family Residential) to allow construction of seven C7> apartment units on property located at the southeast corner of Orange-Olive Road and Santa Ana Canyon Road. NOTE: Negative Declaration 11?2 has been prepared for this pro, ect . Joan Wolff, Assistant Planner, presented the staff report: The property is a triangular shaped parcel of land. It's approximately .56 acres in size and it is located at the southeast corner of Orange-Olive Road and Santa Ana Canyon Road. The property surrounding the site is zoned R-1-?, which is single family residential. To the south is the Jubilation Christian Center, which was formerly Olive Elementary School. The site is ad3acent to the Center's outdoor playing fields. The site is lower in elevation than the adjacent properties located to the east and south. The school property is approximately 10 feet higher than the project site. The lot is now zoned C-1, which is limited business. The applicant is requesting to change that designation to R-3, which is residential multiple family. The applicant has submitted plans showing he intends to develop the property with a seven unit apartment complex subject to approval of the requested zone change. The pro,~ect does conform to all development standard criteria of the R-3 zone. Proposed parking meets the code requirement of 1.8 spaces per unit, with a total of 13 parking spaces being provided. There are seven parking spaces shown to be within car port structures. The project complies with set back requirements and a 15 foot front yard set back is provided along Orange-Olive Road, and a 10 foot side yard set back is provided along Santa Ana Canyon Road. There is also a 10 foot rear yard building set back shown along the southerly Planning Commission Minutes October 19, 1987 - Page 8 property line. The proposed density of the project is approximately 12 units per acre, which conforms with the existing general plan designation. As part of the project, a retaining wall is proposed along a portion of the southerly property boundary between the development and the existing school site. This will enable the parking area to be constructed immediately adjacent to the southern property line. One drive way access to the property is proposed via Santa Ana Canyon Road. The public hearing was opened. Robert Colin, JFP 8a Associates, 1190 North Tustin Avenue, said the project is a small one <7 units) which is isolated from any definite influences from residential or the school. There are some barriers to the north - a six foot block wall - which blocks any view from the residence into the development. There is a residential area to the west, but it is across the railroad tracks. The school is at the southwest corner; the development is at the back side of the play yard. His client is Sommerville Mohler Corporation and they are concerned with developing a quality project. The current lot has been vacant for some years. If it is vacant, there will be some maintenance problems. They are proposing a positive improvement for the area. The property is not well suited for commercial development. He believes there will not be any definite traffic impact on the neighborhood since the complex is so small. Instead of the corner being an eyesore, it will be an added improvement with the proposed landscaping and improvements. Those speaking in opposition: William Snyder, 16341 Cumberland Road, also owns property along Orange-Olive Road. He is not in opposition to the project, but would like to recommend consideration be given to a "No Parking" zone along Orange-Olive Road. Some apartments were constructed not long ago just south of the proposed project. At that time barriers were erected to eliminate one lane of traffic on Orange-Olive so people could get in and out of the apartments. The barriers were flatten and there has been at least one accident. That section of Orange-Olive Road should be a "No Parking" area. Chairman Greek asked Gary Johnson if there were any plans or consideration of the "No Parking" on Orange-Olive? Mr. Johnson stated the "No Parking" zone, necessitated by the jog in the road, involves the County's participation in order to widen that out to four lanes. He does not think there is a proposal to remove parking in the area being discussed. He suggested as part of the motion to have the Traffic Engineer look into site distances, no parking zones, etc, in order to improve the situation. Planning Commission Minutes October 19, 1987 - Page 9 Q Chairman Greek said the plan indicated that Orange-Olive is designed for two travel lanes and one parking lane -- 32 foot of sect ion. Mr. Johnson stated it was further south that it was congested because the area was reduced in width. Chairman Greek asked Mr. Johnson the best procedure to request a study, to which Mr. Johnson suggested the Commission direct a request to the Traffic Engineer that the channelization and site distance, no parking zones be looked at in that area for the context of development which would be occurring on the proposed piece of property. The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend to the City Council that it accept the findings of the Environmental REview Board to file ""~ Negative Declaration 1172. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend to the City Council that it approve Zone Change 1079 subject to the recommendations listed on the staff report. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: OTHER ITEMS Mr. McGee said there was one off agenda item: Before the meeting Commissioners received a letter and blue print of a proposal for a project on Taft Avenue, east of Batavia Street. Staff was approached by the developer's representatives late last week regarding this situation. Information has been provided to address the Commission. Approximately two years ago the Planning Commission approved a conditional use permit to allow a 50,000 square foot office building in the industrial zone. Since that time, the applicant has found a tenant for the building and wishes to add 5,000 square feet to the building. Since that site plan is different than what was approved by the Planning Commission, staff advised the land owner that a conditional use permit would need to be processed, or the original amended in order to allow that action to take place. The applicant feels that is not necessary and wishes to speak at the meeting. Bob Bingham, with the architectural firm of Howard Thompson Associates, representing the developer. He addressed the Planning Commission Minutes October 19, 1987 - Page 10 Planning Commission in a narrative and feels the building is conforming to the existing conditional use permit in that the office area that they were allowed under the original conditional use permit was 50,000 square feet. They are now proposing only 42,000 square feet of office area and will add 6,000 square feet to the building within the confines or footprint of the building thereby bringing the total square footage of the building up to 56,000 square feet. The warehouse area would be 14,000 square feet. In the original conditional use permit they provided parking at one space per 250 square feet of building area. In the new proposal, they have exceeded that requirement. They have an excess of 15 spaces. Based on those items, they felt they had grounds of being within the existing conditional use permit and perhaps there was gust a technicality that needed to be noted to the Commission. They felt the project would have a positive affect on the community. United Western Medical Center will only have approximately 125 to 150 employees, which will bring the parking problem way down. Chairman Greek stated there are laws requiring the Commission to notice meetings when decisions are to be made. There must be a 72 hour notice posted before taking action. Mr. Minshew said the Brown Act provides that you must make provision on the Agenda to allow people to speak on related ® items. Unfortunately, you are restricted under the same Act of taking any action, without a published Agenda. Commissioner Hart thought they were being asked to make a determination whether this is a substantial change from the original conditional use permit. Mr. Minshew suggested another public hearing before taking action. Chairman Greek would like to see the parking addressed because it is a concern. Mr. Bingham has a problem with setting another public hearing as they already cleared their project with City Departments and 1 thought they could go ahead with it under the conditional use permit. He would appreciate some help in expediting this project. The tenant is quite anxious to move in. He does not feel parking is an issue; that they are within the parking requirements. The Commission and applicant discussed parking and warehouse vs. office space of the proposed project. Commissioners voiced their concerns regarding the project. The item will be put on the Agenda for November 2, 198?. ~' Planning Commission Minutes October 19, 1987 - Page 11 Mario Antonetti, owner of the pro3ect and President of Angeles Block Company, which is located down the street. They have been in the City of Orange for the past 20 years. He is concerned that perhaps there is an ulterior motive that they are trying to sneak something by the City, but that is not the intent of the request. When they purchased the property, it was very dirty and a mess. They cleaned it up and proceeded to develop it. They requested the conditional use permit to build a 50,000 square foot R&D Office product. It took one year to locate an excellent tenant -- United Western Medical Center. They don't need 50,000 square feet of office; only 42,000. Extra footage is to store medical records. Time is of the essence; they would hate to lose the tenant. Chairman Greek stated they will be on the November 2 Agenda; however, it will not be a public hearing. At that time, if it is determined that a public hearing is required, the public hearing will be some time in December. c Commissioner Scott suggested the applicant deal with Mr. McGee and the Planning Department. IN RE: OTHER ITEMS Chairman Greek asked if the report on Chapman College will be on the Agenda for November 2, 1987? He would like to review it for the record. Mr. McGee said he would put it on the Agenda as a Miscellaneous Item. IN RE: ADJOURNMENT Moved by Commissioner Scott, seconded by Commissioner Greek, that the Planning Commission adjourn to an adjourned regular meeting on October 26, 198?, at 7:00 a. m., in the Weimer Room to continue the update study on the General Plan Amendment. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED c The meeting was ad3ourned at 9:25 p. m. /sld C