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HomeMy WebLinkAbout1/19/1987 - Minutes PC P'~ ,,~<d... "',+w~~' 0 PLANNING COMMISSION MINUTES City of Orange January 19, 1987 Orange, California Monday - 7:30 p.m. The regular meeting of the City of Orange Planning Commission was called to. order by Vice-Chairman Scott at 7:30 p.m. PRESENT: Commissioners Hart, rSaster, Scott ABSENT: Commissioner Greek STAFF PRESENT: Stan Soo-Hoo, Administrator of Current Planning & Commission Secretary; Jack McGee, Associate manner; Gene Dlinshew, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF JANUARY 5, 1987 Moved by Commissioner riaster, seconded by Commissioner Hart, that the Minutes. of January 5, 1,987, be approved as recorded. AYES: Commissioners Hart, Master, Scott NOES: None ABSENT: Commissioner Greek ?ZOTION CARRIED IN RE: CONTINUED HEARINGS CONDITIONAL USE PERMIT 1555 - CITY OF ORANGE POLICE & FIRE DEPARTMENTS AND THE IRVINE COMPANY: Proposed police/fire facility within the Planned Community zone located within the Upper Peters Canyon Specific Plan area. (Continued from the December 15, 1986 Planning Commission rieeting.) ~""" A staff report Sias not presented. Chief Martel Thompson, Orange Fire Department, spoke on behalf of the Irvine representatives, the Police and Fire Departments in support of this facility. Lt. Scherer of the Police Department, was also present to answer any questions the Commissioners had, .Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission approve Conditional Use Permit 1555 subject to the conditions as shown on the staff report.. AYES: Commissioners Hart, Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED .Planning Commission Minutes `~ January 19, 1987 Page 2. IN RE: NEW HEARINGS CONDITIONAL USE PERr1IT 1563 - TUSTIN PARTNERS, LTD.: A request to permit the sale of alcoholic beverage~.in a restaurant and a reduction of the parking requirement in a multi-tenant commercial center on property located on the east side of Tustin Street. between Mayfair Avenue and Rose Avenue. NOTE:- Negative Declaration 1114 has been prepared for this project. Mr. McGee presented the staff report because staff is recommending denial of the project. .The site is the former site of Knowlwood Hamburger and nursery property, which use to exist. Currently the retail shopping center is being built on this location. A portion of this retail center which is of concern tonight is a 2,900 square foot space within the retail center proposed to be occupied by a restaurant. iahen the retail center was processed through the various Departments a number~of months ago, it was parked at a retail parking standard -- one space per 200 square feet of floor area. A restaurant parking requirement is normally one per 100. tihen the restaurant request was submitted, it was identified that more parking would be required for a restaurant than a normal retail center.. The center would be 13 parking spaces short of what would be required by the Ordinance requirement. Tt is an 8% reduction and the City°s Ordinance does allow, as a miscellaneous approval by the Planning Commission, up to a 15% reduction for these types of proposals. Along with the restaurant. request is a request to sell alcoholic beverages. .Staff has reviewed all of the requests and has recommended denial based on a couple of features within the proposal. First, the way the shopping center is arranged, which is illustrated on the exhibit (posted on the wal1~. Parking is located to the rear of the building instead of the front. Additionally, it is proposed that parking on Tustin Street will be deleted in the future. Tf the Commission approves this project, conditions have been included for approval. Commissioner Hart said in reviewing the plot plan and the parking to the rear, he doesn't see any access to get through to the front of the property except around outside the buildings. Mr. McGee stated there is an access from the front at the north end and also to the south across an adjacent property. Commissioner Hart finds that a strange configuration.. There~s not much that can be done because the buildings are already built. Sees parking in the rear as a problem. Commissioner Master wished there had been an arcade through the center of the building. Commissioner Scott would not want to park in the rear a,t night for security reasons. The staff report states there will be no public entrance to the rear of the restaurant. Planning Commission Minutes ` January 19, 1987 Page 3. •~Ir Commissioner Hart doesn't see a shortage of parking during the evening hours because the bulk o.f the center will be closed. During the day and early evening hours, feels there would be parking problems. The public hearing was opened. Howard Makler, 16742 Wanderer Lane, Huntington Beach, represents Tustin Center Partners. His father, Stuart Makler, is one of the partners in that organization. Came tonight to address any questions the Commissioners. might have.. Would like to explain the specific layout: The most. important thing to retailers is visibility and exposure. Tn reference to parking, Kinney Shoes, to the south, agreed to allow them to use their parking, lot for through traffic onto Rose. Tn addition, Kinney Shoes' parking lot is never full. At night, the center would not. be open and parking would be available in the front. As part of the lease agreement, retail employees must park in the rear of the center during daytime hours, which will free up the front for customer parking. The rear of the property is very well lit at night. Spotlights are on the buildings. Some of the stores are making provsipns to allow people to walk in from the back of the stores. Feels there is adequate parking at the center. Those speaking in opposition: Raymond Cross, 1804 East Mayfair, opposes the reduction in parking. He lives three houses down from the International House of Pancakes. Employees park in front of his house on the weekends. Bob Mickelson, 328 North Glassell, apologized to the Commission. and his client for not-being present sooner. In rebuttal, because of the location of this property, the parking that is designed to serve just this parcel in the middle of the block, he doesn't think it is going to spill around into the neighborhood, The request is for a minor over- lap of uses which is authorized by the code -- the Commission can allow up to 15% overlap. A fair amount of the center is leased already and many of the uses are for fairly low intensity customer uses. Their employees must park in the back (as part of the lease agreement) so it will leave the entire front for customers. Commissioner Hart said their concern was with the inaccessible pedestrian right-of-way for the project. The only access is around to the north side or over somebody elses property. Mr. Mickelson doesn't believe the restaurant will aggravate that kind of problem. Most shopping centers do not use all of their parking 90% of the year. His client, Mr. Makler, does not oppose the removal of on-street parking on Tustin as he is convinced he has enough on-site parking. Commissioner Scott questioned the agreement with Kinney Shoes of using their parking lot or access through the parking lot, Would this be a recorded, agreed upon document between Kinney Shoe Store and the retail center in case Kinney moves out? P~.~.anning Commission Minutes ' ` January 19, 1987 Page 4. ~~..~ Mr. Mickelson stated there is no parking agreement with Kinneys; there may possibly be one in the ~t~tuz°fs, There is an 'easement to pass over the Kinneys parking lot for ingress and egress. Commissioner Hart stated the Commission has been pretty tough about parking and doesn't know how this can be resolved if they remain consistent. Mr. Mickelson didn't think it was nearly as much concern as the Commission appears to be concerned about. Suggested coming back to the next meeting with a traffic engineer's report as to how it might work. Commissioner Hart could accept that report and needs something else to convince him there will not be a parking problem. Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission continue the public hearing to February 2, 1987, .fora traffic engineer's report on parking, at the request of the applicant. Traffic report to be submitted by consultant. AYES: Commissioners Hart,. Master, Scott NOES: None ABSENT: Commissioner Greek MOTION CARRIED °IN RE: NEW HEARINGS CONDITIONAL USE PERMLT 1564 - CARL, KARCHER ENTERPRLSES, INC: A request to allow an outside take out window at an existing. restaurant located at the northeast corner of Main Street and Providence Avenue, address-- 445 S. Main Street. NOTE: This project is exempt from environmental review. Mr. Soo-Hoo presented the staff report. This proposal is for Carl's Jr. located on Main Street. It contains approximately 2,500 square feet. All of the development standards have been complied with. The applicant is wanting to construct a take-out window on Providence at the south side of the existing building. There are no other changes to be made on the property. The public hearing was opened. Dennis Warden, 1200 North Harbor Blvd., Anaheim, Project Manager for Carl Karcher Enterprises. Is here to answer any questions regarding ,the take-out window. Those speaking in opposition: Geneva Fulton, 1801 North Greenleaf, Santa Ana, is not against Carl's Jr. if it helps their business, but would like to .know where the employees park and if Carl's is enlarging their parking lot. She owns the property across the street at 400 South Main and has problems with the employees parking on that lot. Their employees are not allowed to park in the ._ Planning Commission Minutes January 19, 1987 '~,a~. Page 5. ~, ~> front lot; they must park in the rear. If Carps Jr. continues to permit their employees to park on her lot, they .will be towed away. Mr. Warden stated their employees are not to be causing problems for other businesses in the area and assured Mrs. Fulton the' problem will be taken care of. Carl's Jr. is not increasing the existing parking lot. They are trying to minimize the parking problem with this take-out window. People will be encouraged to walk up to this window instead of driving into. the restaurant. Mr. Johnson questioned if the people were going to take the food off-site to eat it. Concerned about outside tables and seats in that area that would encroach into the public right-of way.. There are site distance problems for that. Commissioner Scott said that was a very gpod point; however, Mr, Warden was shaking his head no -- there are no anticipated provisions for that. He realizes there is no rdom for additional tables. The public hearing was closed. Moved by Commissioner P~~aster, seconded by Commissioner Hart, that the Planning Commission approve. Conditional Use Permit 1564 for the reasons so stated by staff with added conditiions regarding employee parking, and outdoor eating concerns. AYES: Commissioners Hart, .Master, Scott NOES: None- ABSENT:- Commissioner Creek MgT:CON CARRIED IN RE: MISCELLANEOUS 1. Discussion of conducting study sessions for orientation before regular Planning Commission Meetings, In regard to the Brown Act interpretation Mr. Mnshew stated study sessions will be on the Agendas and announced to the public. The public will also be nvited to attend. Staff will give a report on each item and the Commissioners can ask questions. The only concern is that the Commission does not take action as a body. This has been discussed with the City Attorney and there are no legal problems with this. Staff is not subject to the Brown Act. Commissioner Scott stated the Commission would then have to adjourn from their meetings to the study sessions. They can only discuss those items that are posted. Commissioner Hart questioned if there was a place at City Hall to post notices? Mr. Soo-Hoo said staff posts Planning Commission Agendas at the Police Station. In addition, study sessions can be listed on the Agendas within the_72 hour time. limit. , Manning Commission Minutes .~ January 19, 1987 Page 6. Upcoming study sessions:. January 26, 1987 at 6:00 p.m. -- the. Elite Development project (,informal presentation) and February 2, 1987 at 6:00 p.m. -- bed and breakfast inns. 2. Vern Jones has scheduled a joint study session of the Technical Advisory Committee for the Irvine Company on February 3, 1987 at 4:00 p.m. in Conference Room "C" between City Council and Planning Commissioners. 3. Steering Committee for East Orange comprised of two Councilmen --- Mayor Perez and :~ayor Pro-Tem Smith..; two Commissioners -~ Greek ,and Master; City Manager and Vern Jones. This Committee is not a decision-making body. They will be meeting January 29, 1987. 4. The Commission reserved their time to go on the tour with Vern Jones: January 21, a.m. and January 28, p.m. 5. Mr, Mickelson clarified the study session for the Elite Development Seniors Housing Project on January 26. They will be speaking on the revisions to the plan. City Council continued the hearing to February 10, 1987. Commissioner Hart was concerned about getting this proposal back and .told Mr. Mickelson to be prepared for making some adjustments to the plan. Mr. Mickelson stated they had reduced the .density, raised the parking ratios, changed the minimum age, changed the. layout of the site. plan. The Council wanted the Commission to review those changes and give a report back to them. Commissioner Hart thought there should be a differentiation between a straight senior citizens complex and a congregate care facility. IN RE: ADJOURNMENT The meeting was adjourned at 8:30 p.m., to reconvene at a study session meeting on January 26, 1987, at 6:00 p.m., in .the ~i~eimer Room, 300 E. Chapman Avenue, Orange, California. /std C 0