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HomeMy WebLinkAbout1/4/1989 - Minutes PCPLANNING COMMISSION MINUTES City of Orange January 4, 1989 7range, California Wednesday - 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: John Godlewski, Sr. Planner & Commission Secretary; Jack McGee, Administrator - Current Planning; Gene Minsh~w, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: PIINUTES OF DECEMBER 19, 1988 Moved by Commissioner Scott, seconded by Commissioner Hart, that the Planning Commission approve the Minutes of December 19, 1988 as recorded. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: P1one MOTION CARRIED IN RE: ITEMS TO BE CONTINUED 1. CONDITIONAL USE PERMIT 1695-8$ - CHAPMAN COLLEGE Staff requested this item be continued to February 6, 1989. It was continued previously in order to give Council a chance to resolve the issues on the Specific Plan. Moved by Commissioner Master, seconded by Commissioner Scott, that the Planning Commission continue Conditional Use Permit 1695-8$ to February 6, 1989. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED 2. CONDITIONAL USE PERMIT 1721 AND DEVELOPMENT AGREEMENT 3-88 - I.D.M. A letter was received requesting this item be continued until such time coordination is obtained for the Conditional Use Permit, the Development Agreement, and the conditions with the City of Anaheim, the applicant, and the City of Jrange. A February 6, 1989 continuance was requestn:~. Planning Commission r4inutes January 4, 1989 - Page 2 Moved by Commissioner toaster, seconded by Commissioner Scott, that Conditional Use Permit 1721 and Development Agreement 3-88 be continued to February 6, ].989. AYES: Commissioners Bosch, Greek, Hart, Master, acott nIOES: None MOTION CARRIED A study session was requested for this item. The Commission will meet January 30, 1989 at 5:00 p.m. in a study session to discuss I.D.M.'s proposal. IN RE: MISCELLANEOUS CONTINUED ITEM Request by the City of Orange GaatQr Department to have certified a Negative Declaration for the construction of a water reservoir located on Lot "A" of Tract 12082. Continued from the December 5, 1988 Planning Commission Meeting. In researching, staff determined there was a previously approved above-grade type tank that is no longer in conformance with the Council policy to have underground future tanks. Mr. Johnson reported the Negative Declaration is being requested for construction purposes. The tank is part of a system of reservoirs in the northeast Orange area. The pressure zones are very important from the standpoint of tank location. This particular tank was planned some years ago and was earmarked for placement within Tract 12082. When approved, it was indicated it would be a steel, above-grade tank with mitigating landscapinq which would cushion the view of the tank. The Negative Declaration was meant to be finding that the tank construction should proceed in accordance with that prior approval. The rough grading for the tank is being completed at the present time in conjunction with Tract 12082. The tank is needed to serve the balance of that tract. It will be constructed starting this summer. Design is not complete yet, but will be within several months. The actual construction is part of the City's responsibility. The site, however, was a requirement of the developer. He had to make that available to the City. t~1r. P4inshew was under the impression a Negative Declaration already exists and questioned why the Tatter was before the Commission. Planning Commission Minutes January 4, 1989 - Page 3 Commissioner Scott believed the Negative Declaration was encompassed in the E.I.R. for the tract. (Staff responded that was correct.) In discussing the issue further, staff was questioned if they had any concept of what it would cost the City to change the requirement of above ground to sub-surface and the pumps? Staff could not quantify a dollar amount. It would mean changes in the whole concept including the possible problems of compatibility with Anaheim's system which is fed into and made a part of the overall capacity requirements. Commissioner Greek felt they did not have enough information. He requested staff prepare a report to the City Council indicating the difference in cost of constructing the tank in accordance with the information given and a tank that would be totally submerged and below the elevation of the surrounding houses. Chairman Bosch agrees with the concept and saw no reason in carrying on with something that would be an eyesore to the City. He wished to see staff's report prior to City Council review. Moved by Commissioner Fiart, seconded by Commissioner Master, that the Planning Commission continue this item to January 16, 1.989 for a staff report. AYES: Commissioners Bosch, Greek, Hart, P4aster, Scott NOES: None MOTION CARRIED IN RE: NE69 HEARINGS ZONE CHANGE 1102-88 - PAUL D. BRAUN: A proposed Zone Change from R-1-6 (Single Family Residential, 6,000 minimum lot size) to C-2 (General Business) for a 6,000 square foot parcel located on the west side of Bitterbush Street, north of Chapman Avenue. The applicant is requesting the C-2 zoning in order to provide parking for a proposed office building at the northwest corner of Chapman Avenue and Bitterbush Street. NOTE: Negative Declaration 1269-88 has been prepared for this project. Commissioner Greek was excused from the meeting due to a potential conflict of interest. Planning Commission Minutes January 4, 1989 - Page 4 A staff report was not presented. The public hearing was opened. Applicant: Larry Marinke, 265 Augusta Court, Lake Arrowhead, General Contractor for the project, asked to correctly zone the property for parking. He submitted favorable responses from the surrounding neighbors for the zone change. They intend to tear down the Old Farmers Insurance building and completely reconstruct a new building. They want to keep the property the same except to improve it and use it as parking. Those speaking in favor: Melanie Diederick, 205 North Flower, spoke in favor of the project, and felt it was far better than the previous proposal. Her only objection is having the northern part of the lot changed to a C-2 zone. She wanted a stipulation that it would only be used for parking for a buffer to the neighborhood. Mr. Godlewski addressed the existing variance and conditions of approval. Once the building is demolished, the variance is removed; it is tied to the building. The public hearing was closed. Commissioner FIart shared the concern about an outright zone change and the danger of future owners acquiring the property and somehow feel that C-2 zoning would allow them to construct some commercial venture on that parcel, which is in a residential neighborhood. Discussion centered around the intent to re-zone for this particular project. Staff used Mark C. Bloom as a specific example. Commission could tie conditions to issuance of a building permit, completion of final construction drawings at any specific point in time; however, it may give the applicant's lenders some problems. The intent to re-zone is a good tool to accomplish what the Commission is attempting to do. Commissioner Hart does not like to penalize the applicant with a time line, but is concerned because of so much animosity generated by the previous application. Planning Commission Minutes January 4, 1989 - Page 5 Chairman Bosch thought one of the key problems with the previous application was not that it was a restaurant use perse, but the drive thru utilization which was the reason it was heard by the Commission. A similar problem existed with parking to the rear. The intent to re-zone might be a reasonable way to assure that occurs. Moved by Commissioner Scott, seconded by Commissioner Evart, that the Planning Commission recommend the City Council accept the findings of the Environmental Review Board to file Negative Declaration 1269-88. AYES: Commissioners Bosch, Hart, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED Moved by Commissioner Scott, seconded by Commissioner Hart, that the Planning Commission recommend the City Council approve the intent to re-zone on Zone Change 1102-88 subject to occupancy of the plans as they have been submitted. AYES: Commissioners Bosch, Hart, Scott NOES: Commissioner Master ABSENT: Commissioner Greek MOTION CARRIED Commissioner Master explained his no vote. He is not against the project. He has reservations that the process will be carried forward so everyone is happy. Chairman Bosch explained if the City Council approves Planning Commission's recommendation, the applicant would have the intent to re-zone as he wished, but the re-zoning would only be officially finalized at the time the occupancy permit for the building was pulled. Commissioner Greek returned to the meeting. IN RE: NEW fiEARINGS CONDITIONAL USE PERMIT 1729-88 AND ADMINISTRATIVE ADJUSTMENT 88-14 - TARSADIA, INC.: A proposed Conditional Use Permit to allow expansion of the existing Rodeway Inn and allow construction of a building exceeding two stories in height. The applicant is also requesting a 15 percent reduction in required parking and an Administrative Adjustment to reduce the size of required parking spaces. Subject property is located at the southwest corner of Rampart Planning Commission Minutes January 4, 1989 - Page 6 Street and State College Boulevard, addressed 101 North State College Boulevard. ~?OTE: Negative Declaration 1267 has been prepared for this project. Chairman Bosch excused himself from the meeting due to a potential conflict of interest due to financial dealings with the applicant's agent. A staff report was not presented and the public hearing was opened. Applicant: Floyd Farano, 100 S. Anaheim Blvd., Anaheim, lawyer representing the applicant, spoke about the existing hotel consisting of 145 rooms. The proposal is to expand that hotel to 300 rooms, to expand the site coverage by 16,600 feet to 53,000 feet for a ground coverage factor of 24.1 percent. The project is consistent with the General Plan and is permitted under the zoning ordinances with a Conditional Use Permit. He referred to the drawings while outlining the proposed project. The original plan included approximately 340 parking spaces. Due to the prospective enlargement or alteration of I-5, the plans were re-done to include part of the take that would be taking place in the event the expansion took place. It eliminated approximately 70 parking spaces; however, with re-striping and re-designation of parking spaces, they were able to present 298 parking spaces. A traffic study was included in their application, prepared by Greer and Company. It presented a proposed ratio of rooms to parking spaces of .85. Because of staff's concern, they conducted their own survey following that for the purpose of verifying or examine the true facts regarding the parking aspects of the survey. Based on their new statistics, they concluded a .85 ratio of parking for the hotel would be more than adequate and propose to provide 298 spaces for their development. The public hearing was closed. Commissioner Scott questioned if the new parking ordinance still shows a 15$ lack of parking or is it brought closer into reality? CAr. Godl.ewski said the new ordinance for hotels/motels has not substantially changed. Planning Commission Minutes January 4, 1989 - Page 7 Commissioner Greek wanted further clarification about the net result, after the dedication is made to Cal Trans for widening of the freeway. T4hat will be the parking requirement and parking that will be provided for the proposed development? Larry Greer, parking consultant, 2323 West Lincoln, Anaheim, stated the parking deficiency before the Cal Trans take would be 338 parking spaces provided -- a deficiency of 15 1/2~. After the Cal Trans take, there would be 298 parking spaces remaining -- a 25.5b deficiency. Commissioner Greek asked if there was a requirement in the conditions for dedication to Cal Trans? Mr. Godlewski responded they did not have that requirement. Staff mentioned their concern about the take and a condition is stated for holding the City harmless for any liability that may incur because of a lack of parking in the future. The City has no jurisdiction in the dedication of the property's take. Mr. Johnson said whenever new projects are being proposed adjacent to state highways, they always refer the development to the state to make sure it is compatible with both existing and future plans. Unless the arterial highway involved is within City jurisdiction, they do not request dedication. Staff asks the developer to coordinate with the state and make his new project compatible with them. Commissioner Hart felt the City could not act on this without including the possibility of the freeway expansion and creating a 25~ deficiency. Commissioner Greek had problems with the project. He felt the Negative Declaration is not a correct finding. When the size of the project is doubled, traffic is doubled. Moved by Commissioner Greek, seconded by Commissioner Master, that the Planning Commission do not accept the findings of the Environmental Review Board to file Negative Declaration 1267. AYES: Commissioners Greek, Hart, Master, Scott NOES: None ABSENT: Commissioner Bosch r10TI0N CARRIED Planning Commission Minutes January 4, 1989 - Page 8 Commissioner Greek has no problem with the four-story development in that area, but feels the increased intensity is what is causing the problem. The problem is lack of parking. t~toved by Commissioner Greek, seconded by Commissioner Master, that the Planning Commission deny Conditional Use Permit 1729-88 and Administrative Adjustment 88-14 without prejudice. AYES: Commissioners Greek, Hart, Master, Scott NOES: None ABSENT: Commissioner Bosch MOTION CARRIED Commissioner Dart informed the applicant their item could be appealed to the City Council.. Chairman Bosch returned to the meeting. IN RE: ~1EW HEARINGS CONDITIONAL USE PERMIT 1732-88 - TAE 80T DOGGER: A proposed Conditional Use Permit to allow a restaurant and to permit the on-site sale of beer and wine in the M-2 zone on property located at the northwest corner of Taft Avenue and Lime Street addressed 1011 West Taft. NOTE: Negative Declaration 1270-88 has been prepared for this project. A staff report was not presented. Tt1e public hearing was opened. Applicant: Ed Dart, 151 Cielito Lindo, Anaheim, is opening up a small sandwich shop as part of their business. Beer and wine seems to be the norm in that sandwich shop. The area needs a sandwich shop; it's on a busy street that should not impact anybody. They have to maintain a restaurant type facility in order to run their hot dog business in the County. The public hearing was closed. P~loved by Commissioner Scott, seconded by Commissioner Hart, that the Planning Commission accept the findings of the Environmental Review Board to file Negative Declaration 1270. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None P~10TION CARRIED Planning Commission Minutes January 4, 1989 - Page 9 Moved by Commissioner Scott, seconded by Commissioner Hart, that the Planning Commission approve Conditional Use Permit 1.732-88 subject to the conditions as listed and also subject to the approval of plans by the Orange County Health Department Environmental. Review Division. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NCES: None MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Hart, seconded by Commissioner Scott, that the Planning Commission adjourn to the next regular meeting January 16, 1989; and adjourn also to a study session on January 30, 1989 at 5:00 p.m. to discuss the I.D.M. Development Agreement. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED The meeting adjourned at 8:30 p.m.