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.