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HomeMy WebLinkAbout2008 - July 7 Planning Commission Minutes c,g~.C.~.3 July 7, 2008 Ion Minutes Planning Commission City of Orange July 7,2008 Monday-7:00 p.m. PRESENT: ABSENT: Commissioners Merino, Steiner, and Whitaker Commissioner Imboden STAFF PRESENT: Ed Knight, Assistant Planning Director Gary Sheatz, Assistant City Attorney Sonal Thakur, Assistant Planner Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: Chair Steiner opened the Administrative Session @ 6:50 p.m. with a review of the Agenda. Chair Steiner stated he had been approached by Arlene Minor with an inquiry on the City's policy on the use of artificial turf. She had a neighbor who had installed artificial turf, at quite an expense, and he was being directed by the City to remove it as it was not allowed per code. Commissioner Whitaker stated artificial turf was used within the City, however, mostly in institutional environments. Chair Steiner asked Mr. Knight if he would look into this matter and get information on the parameters of any restrictions and if he would contact Ms. Minor with his findings. Mr. Knight stated that he was not familiar with the code case in question and he would make contact with Ms. Minor regarding the inquiry. Consent Calendar: Item #1, Minutes from the June 2 and June 16 Planning Commission Meetings. Commissioner Whitaker stated he would abstain from the June 2 vote and Commissioner Merino stated he would abstain from the June 16 vote, as they had not been present at the noted meetings. No changes to the minutes were noted. New Hearings: Item #2, CUP No. 2712-08 Raymond Group. Sona1 Thakur would present the item. Ms. Thakur stated the permit was for a conversion of the remaining warehouse space to office space. Item #3, Ordinance No. 11-08 City of Orange. Gary Sheatz would present the item. Mr. Sheatz stated the ordinance was being presented to change the definition of the use of the word Family to make it consistent with the City's definition of Single-Family Dwelling and Single-Family Residential. Page 1 of 7 Pages Planning Commission Minutes July 7,2008 2 on Other information: Mr. Knight stated the wireless ordinance would be returning to be heard by City Council. Commissioner Merino asked if the City had been successful in maintaining its conditions or had there been modifications to the recommendations made by the Planning Commission? Mr. Knight stated the items that had been conditioned or recommended by the Planning Commission had remained as part of the proposed ordinance. Mr. Sheatz stated the core concerns were left in tact. There was a request to change the distance requirements. Commissioner Merino stated that the numerous wireless representatives had many opportunities to participate in the discussion, however, were not present at many of the meetings. Mr. Knight stated the distance requirement was a hot button for the wireless carriers, and although the request for changes to the requirement had been discussed it had remained unchanged. Administrative Session closed @ 7:00 p.m. PUBLIC PARTICIPATION: None CONSENT CALENDAR: (1) APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF JUNE 2, 2008 AND JUNE 16,2008. Commissioner Merino made a motion to approve the minutes from the June 2, 2008 Planning Commission Meeting as written. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Steiner Commissioner Merino and Steiner None Commissioner Whitaker Commissioner Imboden MOTION CARRIED Commissioner Whitaker made a motion to approve the minutes from the June 16, 2008 Planning Commission Meeting as written. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Steiner Commissioner Steiner and Whitaker None Commissioner Merino Commissioner Imboden MOTION CARRIED Page 2 of 7 Pages Planning Commission Minutes July 7,2008 30f7 NEW HEARINGS: (2) CONDITIONAL USE PERMIT NO. 2712-08- RAYMOND GROUP A proposal to permit the conversion of the remaining 4,822 square feet of warehouse space in an existing one-story, 9,600 square foot industrial building into office space that is in excess of 25% of the building's gross floor area. Such a conversion would result in a 100% office use of the subject building. LOCATION: 520 West Walnut Avenue NOTE: The proposed project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities). RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 19-08 approving The conversion of warehouse space into office space. Assistant Planner, Sonal Thakur, presented a project overview consistent with the Staff Report. Chair Steiner opened the discussion for any questions to Staff. Commissioner Whitaker asked with respect to the parking, the 102 proposed vs. the 101 required by code, would that code section for office use remain at 100% office use or warehouse use? His concern was with taking it from 100% warehouse use to 100% office use, that office use generally had a higher parking percentage. Ms. Thakur stated the way the code read, if there was in excess of 25% of office in the industrial zones the normal 4 parking spaces per every 1,000 square feet of gross floor area was applicable. Commissioner Whitaker clarified that the 101 parking spaces were for office use. Ms. Thakur stated the spaces included warehouse and office use on site. With the previous CUP there were 84 spaces. An addition of 17 spaces would be added with the converSIOn. Commissioner Merino stated in regard to the condition for the construction trailer, he wanted to clarify if the condition was contingent upon the completion of the initial CUP or if the trailer condition applied to the proposed CUP to extend the trailer being on site while ongoing construction was going on for the proposed CUP. In the manner the condition was written it appeared somewhat unclear. Page 3 of 7 Pages Planning Commission Minutes July 7,2008 40f7 Ms. Thakur stated the logic behind the condition was the trailer would remain on site until the completion of the proposed CUP, if approved. The Raymond Group was near completion on the first 50% of the building and in speaking with the applicant it would not make sense to remove the trailer from site and bring it back. Commissioner Merino stated he wanted to ensure that the CUP was clear in its language. Ms. Thakur stated if the Commission would like to suggest a modification in the verbiage of the condition, Staff would be pleased to make the changes. Assistant Planning Director, Ed Knight, stated he felt all members understood the condition, if the Commission suggested a modification the verbiage could be changed. Commissioner Merino stated it was clear to the Commission, however, wanted to ensure that it was clear from a legal perspective. Chair Steiner asked if Ms. Thakur had an estimate on the project completion date that would enable the removal of the trailer? Ms. Thakur stated she had not been given that information. Chair Steiner opened the public hearing and asked the applicant to come forward. Applicant, Helen Park, 520 W. Walnut Avenue, Orange, addressing the question about time line, she stated the initial project had not been able to reach its building final as it hinged on whether the second expansion would be approved. Chair Steiner stated assuming the project would move forward in a positive manner he asked what would be an expected completion date when the trailer could be removed from site? Ms. Park stated the issue was whether or not fire sprinklers would be required which was the division between office and warehouse, if the proposed project were to move forward there would not be a requirement for fire sprinklers and the first phase would be almost complete. Chair Steiner asked if the proposed project moved forward in a positive manner, he clarified that she was indicating it would expedite the whole matter, and if that occurred when would she anticipate the removal of the trailer? Ms. Park stated once the second phase began it would be approximately a 10 to 12 week time frame. Chair Steiner stated it would be a few months, 4 to 5 months at the outset. Ms. Park stated she would estimate 6 months, as construction would not start immediately after approval and it would be based on the client's schedule. Page 4 of 7 Pages Planning Commission Minutes July 7,2008 50f7 Commissioner Whitaker stated the CUP allowing the increase of in excess of 25% was granted on March 5, 2007, which was 15 to16 months ago and the small extension had not been completed. Ms Park had stated that if the proposed project was not approved the construction time frame would be considerably longer. Commissioner Whitaker stated he was trying to achieve an estimate of when the construction would be complete and that the project was not going to be in a permanent construction mode. He asked what was the time table for completion as 16 months had already passed? Ms. Park stated the initial remodel had not commenced right after approval of the first CUP, the project was essentially complete. If the proposed project was not approved it would be complete in a matter of a few months to allow the fire sprinklers to be installed. Commissioner Whitaker stated typically CUP's were only valid for two years and the applicant was within 8 months of that two year window. Mr. Knight stated on Condition No. 3 if the Planning Commission was interested in making an amendment, the City assigned new CUP numbers to each item and do not amend an existing number. He suggested changing only the first sentence to read: The temporary office trailer shall remain on the subject site only for the length of time only to complete the permitted interior expansion as detailed in CUP No. 2712-08. Using that verbiage would allow the applicant to maintain the temporary construction trailer through the construction of the proposed CUP. Chair Steiner stated the concern brought forth by Commissioner Merino was well taken. He brought the item back to the Commission for any further discussion. Commissioner Merino stated he felt the additional verbiage clarified the issue for him. Chair Steiner stated there was useful perspective provided concerning the project. Commissioner Whitaker's observation regarding the length of time that the CUP had been granted was particularly salient and he suggested a certain fire be lit on the project rather than having a vague perspective of when the project would be complete. He felt he had adequate information to make a decision on the proposed project. Commissioner Whitaker made a motion to approve PC 19-08, adopting Conditional Use Permit No. 2712-08 Raymond Group, noting the project was categorically exempt from the provisions of CEQA and with the changes to Condition No. 3 making the condition specific to CUP 2712-08. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Merino Commissioners Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED Page 5 of 7 Pages Planning Commission Minutes July 7,2008 60f7 (3) ORDINANCE NO. 11-08- CITY OF ORANGE A proposal to amend the zoning code that would modify the definition of "Family" to make it consistent with the City's definition of "Single Family Dwelling" and Single Family Residential." LOCATION: City Wide NOTE: The proposed project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305(Class 5-Minor Alterations to Land Use Limitations) and per State CEQA Guidelines Section 15061(b) (3). RECOMMENDED ACTION: Staff Recommends that the Planning Commission adopt Resolution No. 20-08, recommending the City Council adopt Ordinance No. 11-08 modifying the definition of "Family". Assistant City Attorney, Gary Sheatz, presented a project overview consistent with the Staff Report. Chair Steiner opened the discussion for any questions to Staff. Commissioner Merino stated when the boarding house issue had been taken up by the Planning Commission; the definition of family was already in existence and asked if they were essentially "cleaning it up" after the fact? Mr. Sheatz stated it had been brought to the attention of the City that the definition had not been updated and that the current definition was unconstitutional. Commissioner Whitaker stated in the new proposed definition of family, the word expenses was used referring to sharing of expenses. He wanted to ensure if the essence of a boarding house was that the tenants not only paid rent but also shared expenses for their board and typically a boarding house had shared meals; he would not want to unwind all the good work that had been completed on the boarding house ordinance simply because of the constitutionality issue. Mr. Sheatz stated with the definitions that had been attached as exhibits they had used the same terms and terminology, including sharing of expenses, meals and things of that nature previously when single-family dwelling and single-family residential had been defined. In an effort to remain consistent they had repeated the terms. The point Commissioner Whitaker made was well taken. Mr. Sheatz stated when the City was reviewing the method of operation they would be looking to ensure they operated as a single housekeeping unit - that was the key. They looked at a multitude of items to ensure that occurred, and when applied could read: included but not limited to sharing Page 6 of 7 Pages Planning Commission Minutes July 7,2008 70f7 meals, expenses and things of that nature. He understood the concern, and when the research had been completed on the Boarding House Ordinance they found people who lived in a boarding house had not shared meals, there were multiple refrigerators or if they used one refrigerator the shelves were marked for each bedrooms use. The purchase of groceries, storing and preparation of meals had being done separately. They had found the same thing occurred with expenses; they found multiple phone lines for each bedroom and the same separation with cable. Commissioner Merino stated as he read the new definition one of the salient points that he took to assist with mitigating the issues which Commissioner Whitaker had stated, was the line that read: one or more persons related by blood or legal status, or persons not so related but who are functioning as a family or single housekeeping unit. Those terms would give them the where withal to look at the other issues as a boarding house would not function in that manner. Chair Steiner brought the item back to the Commission for discussion. Commissioner Whitaker made a motion to Adopt Planning Commission Resolution No. PC 20-08 recommending to the City Council Ordinance No. 11-08, to modify the zoning code definition of family, noting that the ordinance was categorically exempt from the provisions of CEQA. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Merino Commissioners Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED (3) ADJOURNMENT Chair Steiner made a motion for adjournment to the next regular scheduled meeting of the Planning Commission on Monday, July 21,2008. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Merino Commissioners Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED MEETING ADJOURNED @ 7:25 P.M. Page 7 of 7 Pages