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2013 - August 19Planning Commission Meeting Minutes Planning Commission City of Orange August 19th, 2013 August 19, 2013 Monday 7:00 p.m. PRESENT: Commissioners Buttress, Cathcart, Correa, Gladson, and Steiner ABSENT: None STAFF PRESENT: Leslie Aranda Roseberry, Planning Manager Robert Garcia, Associate Planner Gary Sheatz, Assistant City Attorney Mark Schwartz, Recording Secretary REGULAR SESSION 1. OPENING: Chair Steiner called the meeting to order at 7:01 p.m. ROLL CALL: All Commissioners present. PUBLIC PARTICIPATION None CONTINUED OR WITHDRAWN ITEMS: None PLANNING MANAGER REPORT: Planning Manager Roseberry stated there was nothing additional to report. APPEAL ANNOUNCEMENT: Chair Steiner reviewed the appeal process. Planning Commission Meeting 2. CONSENT CALENDAR: August 19th, 2013 2.1 APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED PLANNING COMMISSION MEETING OF JULY 15, 2013. Commissioner Buttress made a motion to approve the meeting minutes from the July 15, 2013 Planning Commission meeting as written. SECOND: Commissioner Correa AYES: Commissioners Buttress, Correa, and Steiner NOES: None ABSTAIN: Commissioners Gladson and Cathcart MOTION CARRIED 2 Planning Commission Meeting 3. NEW HEARING: August 19th, 2013 3.1 ZONE CHANGE 1270 -13 — GENERAL PLAN ZONING CONSISTENCY FOR THE ECKHOFF STREET /ORANGEWOOD AVENUE FOCUS AREA To rezone properties in the Eckhoff Street /Orangewood Avenue 2010 General Plan Land Use Focus Area, generally located east of the Santa Ana River, south of Struck Avenue, north of West Orangewood Avenue, and west of North Poplar and North Commerce Streets, to Office Professional (OP) and Light Manufacturing (MI) in order to achieve consistency between the existing Neighborhood Office Professional (NOP) and Light Industrial (LI) General Plan land use designations and zoning in accordance with State law. NOTE: The City's General Plan was adopted on March 9, 2010. The 2010 General Plan Land Use Element included re- designation of certain properties of the Eckhoff Street/Orangewood Avenue 2010 General Plan Land Use Focus Area. As part of the General Plan update, refinements were made to the industrial land use designations in the focus area, including a change in the name of the land use designation from "Industrial" to "Light Industrial ". RECOMMENDED ACTION: Adopt Planning Commission Resolution 29 -13 recommending the City Council approve Zone Change 1270 -13 and adopt an Ordinance rezoning properties in the Eckhoff Street /Orangewood Avenue 2010 General Plan Land Use Focus Area to Office Professional (OP) and Light Manufacturing (M1) to establish consistency between the Neighborhood Office Professional and Light Industrial General Plan Land Use designations in accordance with State law. Principal Planner Anna Pehoushek presented a project overview consistent with the Staff Report on this item. There were no questions for the staff. Chair Steiner asked if there were any communications on this item. There were none. Chair Steiner opened the public hearing. George Kovacs, address on file, spoke. He is the owner at 1810 Business Center Dr, which is a property that would be affected by this plan. He submitted a written document outlining his primary objections to the plan: 1. Inconsistency of selected properties. 2. Property values likely to decrease due to change of new M1 zoning. 3. No explicating in the proposal who the beneficiaries of this rezoning action are. 4. No reference to whether the zoning change will apply when property is leased to a new business tenant. 3 Planning Commission Meeting August 19th, 2013 He generally felt that the plan doesn't have very many specifics, and leaves a lot of questions. Chair Steiner thanked Mr. Kovacs, and called Ms. Pehoushek back up to address the commission. Chair Steiner explained the 4 different objections, and asked her to comment on each objection. Ms. Pehoushek offered an explanation on the boundary of the affected area. Going back to the General Plan, there were 3 different industrial designations, based on their development potential and floor area ratio. When the General Plan was updated, the updates focused on the industrial designation with a 0.6 floor area ratio, and a single uniform light industrial designation was created. This update actually increased the property value, since it raised the development potential for the properties. That helps explain how the boundaries were drawn, and sheds light on the property value question. The heavier industrial designation is for businesses with more "caustic" uses, including chemical production, manufacturing extraction, refinement of petroleum products, production of construction materials, smelting, explosives, manufacturing brick and concrete products, and sexually- oriented businesses. The light industrial designation is for businesses not featuring these types of uses. There is still quite a variety of uses to which these light industrial properties can be put, and therefore the property value shouldn't suffer from this re- zoning. The city's goal in making these changes when the General Plan was updated was recognizing the importance and value of the industrial district to the community, both from the economic contribution those businesses make to the city, and the employment base that they offer to the city. The goal is simply to position the property better from a land use policy standpoint to accommodate the growth and expansion of new and existing businesses, and offer more choices for use to businesses and uses that are interested in coming to Orange County. In terms of who are the beneficiaries, the property owners are intended to be beneficiaries, and the zoning is currently inconsistent, which creates problems with trying to attract and keep businesses in the area. It is intended to make the use and leasing of the property more simplified than it currently is. If there is an existing property that is M2, and the designation is changed to MI, the tenant can still stay as long as they would like to, as long as there is a continuity of occupancy. The city has tried to be generous in the way it accommodates these changes. Commissioner Buttress asked if, in 2010, when the General Plan was updated, there were public hearings. Ms. Pehoushek said there were. Commissioner Buttress asked if this was discussed with the property owners at that time. Ms. Pehoushek said it was. Commissioner Buttress asked if, since that's all been accepted now, this change is needed to keep the city consistent with the state law regarding zoning change. Ms. Pehoushek said it was. 4 Planning Commission Meeting August 19th, 2013 Commissioner Gladson asked why the boundaries were drawn where they are. The average person looking at the zoning map wouldn't necessarily understand why one side of the street is affected while the other side isn't. Ms. Pehoushek stated that the problem was the two different industrial designations in the original General Plan. The two different designations were brought together, and the boundary lines from the original General Plan were preserved in that process. Commissioner Correa asked if business owners can continue doing the same type of business if there's continuity of occupancy, even if the business becomes non - conforming as a result of this change. Ms. Pehoushek said that was the case. Chair Steiner addressed Mr. Kovacs, and said he felt that most of Mr. Kovacs' questions regarding the plan had been addressed by staff. He then closed the public hearing. Commissioner Buttress motioned to adopt the Planning Commission Resolution 29 -13 approving Zone Change 1270 -13 and adopting an ordinance rezoning properties in the Eckhoff Street/Orangewood Avenue 2010 General Plan Land Use Focus Area to Office Professional (OP) and Light Manufacturing (M1) to establish consistency between the Neighborhood Office Professional and Light Industrial General Plan Land Use designations in accordance with State law. SECOND: Commissioner Gladson AYES: Commissioners Buttress, Cathcart, Correa, Gladson, and Steiner NOES: None MOTION CARRIED 5 Planning Commission Meeting 4. ADJOURNMENT: August 19th, 2013 Commissioner Buttress motioned to adjourn until the next regularly scheduled meeting on Wednesday, Sept 4, 2013. SECOND: Commissioner Cathcart AYES: Commissioners Buttress, Cathcart, Correa, Steiner and Gladson NOES: None Meeting adjourned at 7:35pm MOTION CARRIED 6