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HomeMy WebLinkAbout10/14/1985 - Minutes PCPLANNING COMMISSION MINUTES ` City of Orange October 14, 1985 Orange, California 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: tary; Jim Reichert, Associate Planner;. Gene Minshew, Ass~YStant City Attorney; Gary Johnson, City Engineer; and Toba V. Wheeler, Recording Secretary. PLEDGE OF ALLEGIANCE. IN RE: MINUTES OF SEPTEMBER 76, 19$5 Moved by Commissioner Mason, seconded by Commissioner Hart, that the minutes of September 16, 1985, be approved as recorded. AYES: Commissioners Hart, Mason, Scott NOES: None ABSTAINED: Commissioners Master, Greek MOTION CARRIED IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN Mr. Lane said three items have been requested to be continued: 1) Conditional Use Permit 1432--it was recommended that this be continued until the meeting of November 4, 1985; 2) Conditional Use Permit 1456--it was recommended that this item be continued; 3) Conditional Use Permit 1460--it was recommended that this item be continued until the meeting of October 21. Moved by Commissioner Mason, seconded by Commissioner Scott, that Conditional Use Permit 1432 be continued to the meeting of Novem- ber 4, 1985. AYES: Commissioners Master,. Greek, Hart, Mason, Scott NOES:. None MOTION CARRIED Moved by Commissioner Hart., seconded by Commissioner Greek, that Conditional Use Permit 1456 be continued to the meeting of Novem- ber 18, 1985. AYES:. Commissioners Master, Greek, Hart, Mason, Scott NOES: None MOTION CARRIED Moved by Commissioner Scott,=seconded by Commissioner Greek,--that Conditional Use Permit 1460 be continued~.to the meeting of Octo- ber 21, 1985, AYES: Commissioners Master, Greek, Hart;-Mason, Scott NOES: None MOTION CARRIED Planning Commission Minutes October 14, 1985 Page Two IN RE: CONTINUED HEARINGS TENTATIVE TRACT 12458, CONDITIONAL USE PERMIT 1441 - PRADO Proposed subdivision of 31.6 acres in the R-1-8 Zone into 30 resi- dential lots, three of which will not have frontage on a public street, on the north side of Cerro Villa Drive at Rama. (Continued from the August 5, September 4, and September 16, 1985, Planning Commission meetings.) NOTE: Negative Declaration 997 has been prepared for this project. Mr. Lane made the presentation in accordance with the Staff Report and said Staff recommends approval subject to the conditions in its report. Commissioner Hart said he was curious about the fault line mentioned by Mr, Lane and asked what would be the Commission`s responsibility if the houses started sliding down the hill, Mr. Lane said that the redesign of the subdivision is to acknowledge the fact that the fault has been found and can be m3~gated with proper engineering remedies. Mr, Johnson said the City Engineering Department was very concerned about this geologic problem .and has imposed conditions that must be met in the grading-and deve~7opment, In regard to the possibility of .the City being-sued if ,problems develop because of the fault;=Mr, Minshew expressed his opinion that the Commission could not be doing anything wil]fu11y wrong based on the conditions being imposed in granting approval, Mr, J®hnson pointed out that when this fault was discovered an analysis had been made of existing tracts to the west and south during the deve1gpment pf which the potential fo.r this fault-had not been discovered, He pointed out that this pptential.is based on probability and there has not been any major movement for many, many years, Chairman Master asked if the City is obligated to inform the owners of the properties to the west and south that such a fault has been found, Mr, Johnson sa id he fiesitates to say those property owners should be coDtacted because then the City is opening .itself up to ~ situation where it might be accused of ,having withheld information from them, Chairman Master said it would not be withholding information if those people were to be noti-fled now but if something happened later on and .the people had not been told of .the potential,-then it would be considered remiss on the part of the City for not having informed them, Commissioner Greek pointed out that the only knowledge the City really has is what has been uncovered by the geologist about this particular fault but nothing is really known about the properties to the west and south. Mr. Minshew said he doubts if the City-has a duty to inform the property owners to the west and south but it might do so if it wishes. Chairman Master asked who is to maintain the open-space easement and who has the liability for it. Mr, Johnson said possibly the applicant knows more of the rudiments of the open-space easement Planning Commission Minutes October 14, 1985 Page Three which the County has acquired~~but as he understands it,-members of the Planning Staff approached the County and even the County was not completely cognizant of what rights and duties it hasa Mr. Lane pointed out that the open-space easement was known at the time the 1976 map was approved and, in fact, it was acknowl- edged on that map although the dedication had. not yet been made. Chairman Master opened the public hearing. George Kerns, Salkin Engineering, 1215 East Chapman Avenue, Orange, representing the applicant, said he concurs with Sluff recommendations and condi- tions. He said his company attempted to adjust the grades of the pads in the area of the fault so they.. came down lower than the fault line, thereby isolating the fault, so that if there is any movement it will be in the slope rather than underneath any houses. He said as he understands the issue of the easement it was part of the trading that went on with Anaheim Hills and the County when they got out of the agricultural preserve. He said there is a rather vaguely worded document regarding the transaction which really doesn`t say much about who is going to do what to whom. He said his company extended the lot lines across the easement with the feeling that the lot owners will be responsible for maintaining the portion that is their lot, i.e., they own the lot in fee and there is an easement across it which means they will be restricted as to what they can do on that land. Chairman Master declared the public hearing closed. Moved by Commissioner Greek, seconded by Commissioner Mason, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 997 with the understanding that the Environmental Impact Report #249 was prepared on February 2, 1976. AYES: Commissioners Master, Greek, Hart, Mason,~Scott NOES': None MOTION CARRIED Commissioner Greek asked Mr, Kerns if he understand that the conditions would be revised and if he had any problem with that. Mr. Kerns answered in the affirmative, Mr, Lane said Mr. Kerns would receive a copy of the revised conditions and asked that he contact him immediately if he had~a problem. Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission recommend approval of Tentative Tract 12458 and Conditional Use Permit 1441 subject to the conditions in the Staff Report and on the Engineer`s Sheet where they apply. AYES: Commissioners Master, Greek, Hart, Mason, Scott NOES:. None MOTION CARRIED Planning Commission Minutes October 14, 1985 Page Four IN RE: CONTINUED HEARINGS ORDINANCE AMENDMENT 85-1 -.CITY OF ORANGE Proposed amendment to the Orange Municipal Code revising regu- lations-pertaining to tower antennas in residential and non- residential zoning districts. (Continued from the .September 4, 1985, Planning Commission meeting.) NOTE: Negative Declaration 1014 has been prepared for this project. Mr. Lane made the presentation in accordance with the Staff Report and said Staff recommends that the Zoning Administrator be given authority to hear requests for antennas that the applicant feels need to exceed the 66``height limit, and which then may be appealable to the City Council, depending on the decision of the Zoning Administrator. He said Staff recommends that the Planning Commission recommend approval to the City Council. Chairman Master opened the public hearing. Wayne Overbeck, a pro- fessor of communications at California State College, Fullerton, 800 North State College Boulevard, Fullerton, appearing in his capacity as Vice Director of the American Radio Relay League for the southwestern part of the United States, gave a demonstration of why 66' is needed for radio antennas by showing transparencies, and explained the technical. basis for needing a fairly high antenna for long-distance communication. Discussion followed on the technical aspects and requirements of antennas for long-distance communication, as well as the possibility of telescoping antennas with unlimited height during the period of use. Wayne Spring, 1243 Fairway Drive, Orange, suggested forming a committee composed of knowledgeable radio amateurs to draft fundamental guidelines to assist Staff in setting up requirements and limitations for antennas and towers. He said he recommends the encouragement of the heavy-duty 70` f ree-standing towers. George Campbell, 2527 Orange Grove, Orange, suggested an ordinance pretty. much as has been had in the past but with the height limitation raised to 70' because that height will work better since the wavelength above the ground is ® 69`. He volunteered to work on the committee to work with Planning with some better definition of the requirements u Staff to com . e p Mr. Overbeck, Mr. Spring and Mr. Campbell all expressed embarrass- ment at the actions of the one individual amateur radio operator which caused the City to consider changing the restrictions .on antennas and towers. Sam Goda, 1815 North Woodside Street, Orange, agreed with these three gentlemen and said he feels good amateurs should not be penalized by the actions of one bad amateur. Moved by Commissioner Hart, seconded by Commissioner Mason, that this matter be continued to the meeting of November 18, 1985, and that a three-member committee composed of amateur radio operators with expertise be appointed to assist Staff in working up a model Planning Commission Minutes October 14, 1985 Page Five ordinance acceptable to both the amateur operators and the City. AYES: Commissioners Master, Greek, Hart, Mason, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1459 - CIRCLET CORPORATION Proposed auto repair center on a 25,400 square foot parcel in the C-1 Zone at the northwest corner of Glassel7 Street and Collins Avenue. NOTE: Negative Declaration 1021 has been prepared for this project. Mr. Lane made the presentation in accordance with the Staff Report and said Staff feels this use is not appropriate for the area and recommends that it be denied; however, if the Commission feels it should move toward approval, then the matter should be continued in order to allow Staff time to make another report. Commissioner Hart said he feels the application should have been for a zone change not a conditional use permit. Mr, Lane said Staff came to the conclusion that since automobile dealerships with repair garages are permitted by conditional use permit in ~ C-1 Zone, it would approach this matter in the same way, Chairman Master opened the public hearing. Harry Tancredi, Circle T Corporation, said the proposed facility is for auto service not auto repair and he feels-the uses proposed fall within a C-1 Zone. He said there will be no body repair or painting at the auto service center, but rather retail stores for. automobile accessories, and said the two leases already in effect are from a tire company and one that will provide lobe Q~hbnges,-tune-ups; brakes and alignments., with the possibility that the third space will be leased to someone selling car radios and alarms, etc. He said he feels these uses can be classified as C-1 and-will generate considerable sales tax revenue for the City, as well as being the highest and best use for the property. C°larence Beatty, 6~0 East )7th Street,-Santa Ana, reiterated Mr. Tancredi`s remarks and stated that the marketing survey made on the property resulted in the decision to install an auto service center. Adolph Bosch, 2304 White Lantern, Orange, the owner of the property, outlined the history of the property and said he feels this is a good use for the property. Brian Doug~her, 201 West Collins, a resident of the mobile home park adjacent to the property, said he is .concerned as to the use of the property and asked fora continuance in order to consult with the other residents of the mobile home park. Planning Commission Minutes October 14, 1985. Page Six Chairman Master declared the public hearing closed. He asked what specific control the City would have over a later use of this property, such as for boats,-if an establishment of this nature would be approved now. Commissioner Hart asked if it wasn't true that when a business license would be applied for the usage allowed on the property would be checked. Mr. Lane said. that when a business license is applied for the matter is referred to the Planning Department for approval of the use. He said the reason the Planning Staff came to the conclusion that this should be handled through the conditional use permit procedure was to get the matter before the Commission and air what is specifically being talked about in terms of uses. He said the applicant was very persistent and quite adamant in hi-s position that the uses are permitted by conditional use permit in the C-1 Zone, and after some discussion Staff conceded that point only to get it before the Commission but not necessarily that it was a good use for the property. He said that had the applicant filed fora zone change to C-2, and had received approva'1, such a zone change would result in uses that would much more heavily impact on the surrounding areas. He said that based on the information given by Mr. Tancredi he feels the Staff Report is valid because there was discussion originally about auto body and fender repair and the matter has been a little nebulous as to what exactly it is going to be. He said Staff does not feel-that these types of uses are appropriate on that property. Mr. Minshew said he feels it would be very difficult to control the uses once the property is approved for an auto service center and could at some time in the future include tenants that would make an undue amount of noise. Commissioner Scott said the matter is marginal as far as a zone change is concerned but with a request fora zone change at least the neighbors would have been notified of the intent. Commissioner Greek pointed out that there is no allow- ance made for retail trade parking and there is not enough room for that, which will eventually result in a problem. Moved by Commissioner Mason, seconded by Commissioner Greek., that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1021. AYES: Commissioners Master, Greek, Hart, Mason, Scott NOES: None MOTION CARRIED Moved by Commissioner Mason, seconded by Commissioner Greek, that the Planning Commission recommend denial of ConditiorMal Use Permit 1459 for the reasons stated in the Staff Report. AYES: Commissioners Master, Greek, Hart, Mason, Scott NOES: None MOTION CARRIED Planning Commission Minutes October 14, 1985 Page Seven IN RE: .OTHER BUSINESS DISCUSSION OF PROPOSED GENERAL PLAN AMENDMENT ON ADAIR PROPERTY Mr. Lane gave the background on this, using a map of the area posted on the wall. Discussion followed on three alternatives: lj grant the Adair request fora General Plan Amendment. on their property, 2) review a General Plan Amendment for the entire area, and 3) advise the Adairs that the Planning Commission is not interested in a General Plan Amendment at this. time. Mr. Lane pointed out that the Adairs filed a general plan amendment request originally on one of three individual properties and now they are amending their original request to include their other two properties, It was concluded. that the applicants should proceed with the request fora general plan amendment as proposed by the property owner. REQUEST FOR COMMISSION AUTHORiZATION TO IMPLEMENT THE PLANNING PROCESS PROGRAM AS OUTLINED IN THE SEPTEMBER 13, 7985,--MEMORANDUM AND TO REVIEW THE LIST OF ITEMS REQULRED ON PLOT PLANS, Mr. Lane said the memorandum was addressed to -the City Manager from Planning and Development Services and it outlined what Staff`s intentions are with regard_to these items. He said the flow chart attached to the memorandum basically attempts to show the existing time frames within which applications are processed, He said he understands that the City Manager concurs with what is stated in the memorandum, Moved by Commissioner Mason, seconded by Commissioner Hart, that the Planning- Commission approve the memorandum of September 13, 19.85, sent to William Little, City Manager. AYES: .Commissioners Master, Greek, Hart, Mason, Scott NOES: None MOTION CARRIED DISCUSSION OF POSSIBLE WORK SESSION WITH RON THOMPSON TO DISCUSS PROPOSED ADDITIONS~TO THE. SOUTHWEST REDEVELOPMENT PROJECT AREA BOUNDARIES AND THE GOBAR ECONOMIC ANALYSIS. Mr. Lane said the suggested date for this meeting is Wednesday, October 16, T985, at 5:30 p.m., in the Weimer .Room. Discussion followed -and it was decided that October 16 is all right but the Commission prefers the meeting to be at 6:30 p.m. Mr. Lane will notify Mr. Thompson. DISCUSSION OF POSSIBLE F'1~ELD TRIP, TO OBSERVE ANOTHER COMMISSION AT WORK. Mr. Lane discussed the various cities suggested by the Commission and stated their various meetings times. It was decided that " this field trip should take place on October 28, 1985,-commencing Planning Commission Minutes October 14, 1985 Page Eight with a visit to the Anaheim Planning Commission at 1:30 p.m. and followed by a visit to the Santa Ana Planning Commission at 4:00 p.m., the first being a regular meeting and the second a study session. DISCUSSION OF POSSIBLE CONSULTANT REVIEW AND REPORT ON OFF-STREET PARKING REQUIREMENTS. Commissioner Greek said he ~s in favor of hiring an outside con- sultant to perform the survey on off-street parking. Commissioner Hart pointed out that there is a request on hand fora study of parking in the downtown and Chapman College areas., and suggested that both surveys could be combined, using the one consultant.. Discussion followed on the feasibility of this. It was decided that a request to this effect be addressed to the Old Towne Steering Committee Parking Study Group. Commissioner Mason reminded the other Commissioners that they should attend the Tustin Street Design Standards Workshop Session on October 25, 1985, from 5:00 to 7:00 p.m. Chairman Master said the Second Annual HUD Housing Conference will take place at the Red Lion Inn in Ontario on October 29, 1985, should anyone wish to attend. IN RE: ADJOURNMENT The meeting was adjourned at 11:00 p.m. to reconvene at a regular meeting on October 21, 1985, at 7:30 p.m., at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange-California. 0