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HomeMy WebLinkAbout2000 - February 7 CaSSi'e/ MINUTES Planning Commission City of Orange February 7, 2000 Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: IN RE: Commissioners Bosch, Pruett, Romero, Smith Commissioner Carlton Vern Jones, Planning Manager/Secretary, John Godlewski, Principal Planner, Mary Binning, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer, and Sue Devlin. Recording Secretary ITEMS TO BE CONTINUED 1. MAJOR SITE PLAN REVIEW 126-99 - MICHAEL KELLER A request to demolish an existing garage and to construct two 1 1/2 story duplex units, a cottage and a single story, six-car garage behind a historical single family home. The site is located at 632 East Culver Avenue and is within the Old Towne Historic District and the National Register District. Negative Declaration 1621-99 was prepared to evaluate the environmental impacts of this project. Mr. Jones informed the Commission that the applicant requested to continue this item, and staff is requesting an indefinite continuance until it is determined that this project meets City zoning regulations. NOTE: MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to continue Major Site Plan Review 126-99 indefinitely. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 2. ZONE CHANGE 1202-99, CONDITIONAL USE PERMIT 2306-99 AND VARIANCE 2078-99 - NORTH ORANGE CHRISTIAN CHURCH A request to allow a pre-zone change from a County designation to a residential duplex zone (R-2-6), the expansion of an existing church facility, and the use of tandem parking spaces and structures in excess of the 32 foot height limit. The site is located at 1001 East Lincoln Avenue. Mitigated Negative Declaration 1615-99 was prepared to evaluate the environmental impacts of this project. Staff is requesting to continue this item to the Planning Commission meeting of February 23, 2000, due to unresolved issues with the applicant's traffic study. NOTE: MOTION Moved by Commissioner Romero and seconded by Commissioner Pruett to continue Zone Change 1202-99, Conditional Use Permit 2306-99 and Variance 2078-99 to the meeting of February 23,2000. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 1 Planning Commission Minutes February 7, 2000 IN RE: CONSENT CALENDAR 3. Approval of the Minutes from the Meeting of January 17, 2000. Moved by Commissioner Romero and seconded by Commissioner Pruett to approve the Minutes of January 17, 2000. AYES: NOES: ABSTAINED: ABSENT: Commissioners Bosch, Pruett, Romero None Commissioner Smith Commissioner Carlton MOTION CARRIED IN RE: NEW HEARINGS 4. CONDITIONAL USE PERMITS 2315-99,2316-99,2317-99 and 2318-99 - HEWES PARK ESTATES A request to allow plumbing fixtures (a bathroom and water heater) in a two-story detached garage with a bonus room for four new single-family residences. The sites are located at 396, 422, 474 and 486 South Esplanade. The City's ordinance requires a conditional use permit for facilities which are accessory to the primary structure, but exceed 150 square feet. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. There was no opposition to this item. The public hearing was opened. Tim Roberts. reo resented Comoass Homes, the develooer of the oroiect. They have developed an upscale housing project. Some of the detached garages were built to avoid certain tree structures and root systems. They believed it would be a good idea to put bonus rooms on top of the garages, but they also need plumbing for bathrooms. They do not intend to build kitchens in these bonus rooms. The detached garages fit on lots 2, 5. 8 and 9. They have read the conditions of approval and deed restrictions that would apply to these lots, and agree with them. Commissioner Pruett wanted to know why the prohibition of kitchen facilities were not mentioned in condition 2, as part of the deed restriction. Mr. Carnes, Associate Planner, explained the condition and the assumption of the bonus room not being a secondary residential unit. There is no reason why the Commission cannot indude specific wording that there shall not be a kitchen in the accessory detached structure. Mr. Roberts did not object to this wording being added to the conditions of approval. The public hearing was closed. Commissioner Pruett wanted 10 see some language in the conditions that the deed restriction would prohibit the addition of kilchen facilities in the accessory units. He wanted to know what would happen if the deed restriction were violated. Ms. Binning explained that a violation of the deed restriction would be a violation of the conditional use permit. And, the conditional use permit would be brought back to the Planning Commission for possible revocation. Chairman Bosch suggested amending condition 2 by adding a statement that a kitchen is prohibited, and adding a new sentence at the end of the condition: "In the event that a violation of any of these provisions 2 > Planning Commission Minutes February 7, 2000 occurs, the conditional use permit is subject to review and possible revocation with removal of all plumbing fixtures granted under the CUP." Commissioner Smith thought this is a reasonable request. Given the fact that a deed restriction will be placed on the project, she is in favor of the full bathroom. It was noted the project is categorically exempt from CEQA review. MOTION Moved by Commissioner Pruett and seconded by Commissioner Smith to approve Conditional Use Permits 2315-99, 2316-99, 2317-99 and 2318-99, with conditions 1 through 5, amending condition 2: Add to the second sentence, after "used as a secondary residential unit," "that installation of a kitchen is prohibited, and the detached structure is not to be rented separately from the main residential structure." After the last sentence, add: "Violation of the conditions of approval may cause revocation of the conditional use permit, which would require removal of all plumbing fixtures and restoration of the properties the condition approved prior to approval of this conditional use permit." The Commission finds that the conditional use permit is granted upon sound principles of land use and in response to services required by the community. It will not cause deterioration of bordering land uses or create special problems for the area in which the site is located. It has been considered in relationship to its effect on the community or neighborhood plans for the area. The conditional use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Pruett and seconded by Commissioner Romero to adjourn at 7:20 p.m. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Isld 3