HomeMy WebLinkAbout2000 - January 3(�/5_c I' -
MINUTES
Planning Commission
City of Orange
PRESENT: Commissioners Bosch, Carlton, Pruett, Romero, Smith
ABSENT: None
STAFF
PRESENT: Vern Jones, Planning Manager /Secretary,
John Godlewski, Principal Planner,
Mary Binning, Assistant City Attorney,
Roger Hohnbaum, Assistant City Engineer, and
Sue Devlin, Recording Secretary
January 3, 2000
Monday - 7:00 p.m.
IN RE: ELECTION OF CHAIRPERSON AND VICE - CHAIRPERSON FOR 2000
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Moved by Commissioner Romero and seconded by Commissioner Smith to elect Randy Bosch as
Chairperson for 2000.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
Moved by Commissioner Smith and seconded by Commissioner Bosch to elect Ben Pruett as
Vice- Chairperson for 2000.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
IN RE: ITEM TO BE CONTINUED
1. MAJOR SITE PLAN REVIEW 122 -99 - PAUL & EILEEN HERTFELDER
A request to demolish an existing garage and to construct two 1 1/2 story duplex units and a six -car garage
behind an existing single family home. The site is located at 742 East Culver Avenue and is within the Old
Towne Historic District and the National Register District.
NOTE: Negative Declaration 1619 -99 was prepared to evaluate the environmental impacts of this
project.
Mr. Jones informed the Commission that the applicant requested to continue review after a revised
proposal is submitted, and upon renotification.
MOTION
Moved by Commissioner Bosch and seconded by Commissioner Prue" to continue Major Site Plan
Review 122 -99 indefinitely per staff's recommendation until revised plans can be reviewed by the Design
Review Committee and that the item be renotified.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
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Planning Commission Minutes January 3, 2000
is proposed for use by residents of the development, while City standards only require 4,500 square feet
for a total of five units.
Even though the proposal satisfies the City standards, staff has raised a number of concerns about the
proposal, both in discussion with the applicant and in the staff report. The property serves to provide
drainage from the Olive Hills reservoir. Anaheim was granted the use of a 40 foot wide easement that runs
east and west along the south edge of this parcel. The same area includes a 30 foot wide easement for an
underground pipeline currently owned by Questar Southern Trails. These easements are indicated on
the architect's and civil engineer's plans, but staff is somewhat uncomfortable that each of those entities
will allow grading or modifications to the topography as proposed by the applicant. Staff has asked the
applicant to be prepared to explain why this proposal is preferable to a conventional subdivision of 6,000
square foot parcels. Staff has raised a number of concerns about the findings. The property is wedge -
shaped and a substantial amount of the land does not have a sufficient depth for development, whether
the proposal were a conventional subdivision, or a P. U.D. The property has about 579 feet of frontage on
Nohl Ranch Road. The first 375 feet measured from its western end is less than 100 feet deep, which is
the minimum depth required for a parcel in the R -1 district. While the proposal satisfies the City's
requirements for an outdoor recreation area, the space is provided primarily in private back yards rather
than a common recreational facility. The majority of open space in the applicant's proposal will be
developed as a drainage channel and isolated from the proposed residential development. And, land that
would be set aside as non - buildable open space is already prevented from development by these existing
easements. Use of the property is limited to the degree that City action to protect open space may not be
necessary in staff's opinion. Staff also expressed concern about some of the technical design issues
related primarily to the grading plan. The main access driveway is not designed according to current City
standards for a private street. Staff advised the applicant that the street should include a sidewalk and that
the minimum street width should be 28 feet, measured from curb to curb rather than 25 feet that is
proposed by the applicant. The applicant asked that staff point out there are other locations in the City
where private tracts are served by streets that don't have a driveway. However, Mr. Donovan's response
was that the City approved those developments some time ago before the current City standards came
into effect.
The access driveway is also designed to a 20% grade. For a public street, the City would not normally
approve a grade exceeding 10 %. The turn around area has been provided at the end of the driveway, but
staff would prefer that the area be deeper and wider. The applicant has revised the plan to include some
turf block, additions on either side of the driveway to provide a little more room. Staff has raised a concern
that vehicles, which currently have access to the Anaheim drainage facilities and the Questar Pipeline
Easement, would not have access anymore if the property is developed according to the grading plan that
wassubmitted for review at this meeting. Staff requested that an alternate access be provided through
the development or that the applicant obtain written acknowledgment from either the City of Anaheim or
Questar Southern Trails that access for maintenance vehicles may be abandoned.
Chairman Bosch noted the Commission received a letter from Questar Southern Trails Pipeline dated
December 29, 1999 expounding further on the concerns about rights -of -way over easements and
proposed conditions from their viewpoint, in addition to their previous communication.
The public hearing was opened.
Applicant Isam Hanna 2664 Vista Valley Road said his current home was sliding down the hill and they
had to relocate. So they purchased this property and elected to move across the street. The original
parcel map has a condition that says they need to work with the City of Anaheim on improving the channel.
They have worked with the City of Anaheim since buying the property and have also worked with Questar
regarding the easements. He wants to create a small family neighborhood and use one common
driveway. He did not see the need for sidewalks. There will be a homeowner's association for the five lots
and open space. They met with the Design Review Committee a couple of times. The slopes on the
individual driveways are only 4 %; not 20 %. Their two proposals regarding the closed pipeline or open
channel are acceptable to the City of Anaheim. The trash trucks will pick up trash at each individual house.
Planning Commission Minutes January 3, 2000
due south, into a pipe which is actually part of the City of Orange storm drain system. There is also a
drainage facility directly to the west, continuing along the same line of the existing creek. That's an
overflow channel and that is primarily for controlled discharges from the reservoir. The plan, as submitted,
is an open channel. It provides no access to that channel. The City of Orange would not accept it as
currently proposed. A pipeline is a concept that the City would consider. The City is very concerned
about the hydrology of the area, the natural springs, the Fish and Game requirements, the adjacency to
the existing Questar pipeline, the ability for the City to come in and maintain if a facility were put there -- all
of these questions remain unanswered. Orange would like to reserve the opportunity to review plans
prior to agreeing to taking the channel over. Currently, the City of Orange has no obligation to maintain
that channel. This has been discussed with Mr. Hanna and with the City of Anaheim, but they have not
reached a conclusion. There are two problems with the retaining wall as proposed. Hydraulically, it would
be sufficient. That wall would have to be protected and staff has not seen a method for the protection of
the footings. If it were undermined, it would then endanger the houses that are being proposed. It also
encroaches into the easement. The City of Anaheim currently can access the site of the channel by
driving up along side of it. There is no physical blocking of the channel. The design, as proposed, does
not accommodate access.
Commissioner Pruett questioned the design of the channel. Does the design need to meet the City of
Orange's standards or Anaheim's standards?
Mr. Hohnbaum assured the Commission that both standards are the same when it comes to hydraulic
control protection. The actual facilities would be up to Anaheim because they are the facility owner, even
though this is an easement. The City of Orange would like to see that the surrounding properties are
protected hydraulically. Studies would be required to support that.
Chairman Bosch raised the issue of land use and the living environment. The only enhancement he sees
is that the clustering has allowed a single drive access to Nohl Ranch Road rather than a series of
driveways, which might cause backing out onto a very dangerous street. He didn't think the square
footage of the development is the only definition of what the impacts are in relationship to the impacts on
the neighbors. The number of people and how they use the land is important too. This creates such a
tiny outdoor space, which is impacted by the slopes, easements, retaining walls and by Nohl Ranch Road
itself. He doesn't see much outdoor living space at all. The tot lot area is quite small and he doesn't find
that to be an enhancement of recreation space. The properties to the south are affected by the density of
structures proposed to be built. The design of the houses is very attractive, but they are small compared
to the adjacent houses. And, the land they sit on has been compacted so much that he didn't see the
amenities that need to go with it to provide a sustainable community. It's too much on the land and it
doesn't respond to the findings that are necessary relative to the CUP. Additionally, he had concerns
about the drainage. How to get there remains a problem that needs to be solved, because it could
radically affect what land is available.
Commissioner Smith had concerns over the unresolved issues, especially with the channel. This property
seems to have a lot of features to it that require some real detailed expertise. She's not comfortable in
moving forward at this point in time.
MOTION
Moved by Commissioner Bosch and seconded by Commissioner Smith to approve Mitigated Negative
Declaration 1620 -99, in that there would not be a substantial impact on the environment or wildlife
resources. However, the conditions of approval in the staff report, found necessary to satisfactorily
mitigate the potential impacts to a level of insignificance have not been demonstrated by the applicant's
proposal and tentative tract map.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
Planning Commission Minutes January 3, 2000
4. CONDITIONAL USE PERMIT 2310 -99- DARIUSZ SWIATKOWSKI (POLKA DELI)
A request to allow a Type "20" off -sale beer and wine license for an existing grocery market /delicatessen
and for a Planning Commission Finding of Public Necessity or Convenience. The site is located at 1710
North Tustin Street.
NOTE: This project is categorically exempt from the provisions of the California Environmental Quality
Act.
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to continue Conditional Use
Permit 2310 -99 to the next meeting in order to have the applicant present at the hearing.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
IN RE: ADJOURNMENT
Moved by Commissioner Romero and seconded by Commissioner Smith to adjourn at 8:35 p.m.
AYES: Commissioners Bosch, Carlton, Pruett, Romero, Smith
NOES: None MOTION CARRIED
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