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HomeMy WebLinkAbout2000 - April 17 C)}ru~.:1 Ca.~c MINVTES Planning Commission City of Orange April 17, 2000 Monday - 7:00 p,m. PRESENT: Commissioners Bosch, Carlton, Pruett, Romero, Smith .', :' I C1 ,\ ~ ABSENT: None STAFF PRESENT: John Godlewski, Principal Planner, Ted Reynolds, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary -;,;).:~,.-;:) ,;:",', ') J - IN RE: CONSENT CALENDAR MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to approve Items 2, 3 and 4 from the Consent Calendar, AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 1, Approval of the Minutes from the Meeting of April 3, 2000 - (pulled for discussion) MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to approve the Minutes of April 3, 2000 as written, AYES: NOES: ABSTAINED: Commissioners Bosch, Carlton, Pruett, Romero None Commissioner Smith MOTION CARRIED 2. MAJOR SITE PLAN REVIEW 129-99 - DIERK D. PETERS A request to allow the expansion of an existing industrial facility to include the addition of a 28,200 sq. ft manufacturinglwarehouse building, The site is located at 540 West Grove Avenue, NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act RECOMMENDATION: Approve Major S~e Plan Review 129-99, 3, NEGATIVE DECLARATION 1634-00 - JOHN HILLS A request to allow the partial demolition of an existing Old Towne residential garage and to expand the garage and second story deck, The site is located at 214 North Pine Street NOTE: Negative Declaration 1634-00 was prepared to evaluate the environmental impacts of this project RECOMMENDATION: Approve Negative Declaration 1634-00, 1 Planning Commission Minutes April 17, 2000 4, NEGATIVE DECLARATION 1638-00 - CITY OF ORANGE DEPARTMENT OF PUBLIC WORKS A proposal to widen the existing State Route 22 westbound Main Street off-ramp to accommodate additional travel lanes and increase intersection capacity, NOTE: Negative Declaration 1638-00 was prepared to evaluate the environmental impacts of this project RECOMMENDATION: Approve Negative Declaration 1638-00. 5, NEGATIVE DECLARATION 1635-00 AND CHAPMAN UNIVERSITY SITE PLAN REVIEW - (Pulled for discussion) A request to allow the construction of a four-story, 350-bed dormitory building, similar to the "Praille- Sodaro" residence hall. The site is located at an existing parking area east of Grand Street, north of Walnut Avenue, NOTE: Negative Declaration 1635-00 was prepared to evaluate the environmental impacts of this project Commissioner Smith would like an explanation of the time line of the building of the parking structure that will service the dorms and an explanation of the loading zone decision or status, She wanted someone to comment on the University's current work with the neighborhood on violations of people parking in the residential neighborhoods where permit parking is designated, She asked for some discussion about efforts that are being made to monitor the students' cars who live in the dorms (once they are built) in that residential neighborhood north of Walnut The public hearing was opened, John BiQQs. Proiect ManQer, represented the University, They have submitted plans for the parking structure to the City for site plan review and that will be heard on the 19th, They anticipate a hearing date of June 5, 2000 before the Planning Commission, The parking structure will be built and completed before the dorms, hopefully by the end of this yeaL The residence hail will be ready for occupancy by the Fall, 2001, A loading zone area can be handled off of Center Street for students moving in and out of the dorms, They have hired a firm to do a parking study to come up with recommendations on how to manage the parking situation in the neighborhood, They will be working with the City and the residents to improve that situation, This report will be completed in the next 60 days, He believed it would be appropriate to assign student parking in the parking structure to those students living in the new dorms, Commissioner Smith hoped that those issues would be included in the study, Commissioner Carlton referred to Austin-Foust's recommendation to prohibit through-traffic at Orange Street, restricting it to right turn in and right turn out only. This will restrict vehicle movement and will require people to go around a two or three block detour to get into that area, Pat Kellev, represented Austin-Foust Associates, He explained that the proposed traffic movement will be similar to LaVeta and PeppeL It's an effort to discourage any of the University traffic from entering the neighborhood from the parking structure, Also, making it difficult for any student to utilize that area for parking, in the event they get in there, that they can't get to where they want to go, They would need to make a right or left turn, Commissioner Carlton asked about the exterior security lighting around the dormitory and parking areas, Mr, Biggs replied the lighting would be similar to what they have used on campus, 2 Planning Commission Minutes April 17, 2000 3 DeoDle sDoke in ODDosition John Aleccia, 510 North Orange Street. Janet Crenshaw, 464 North Shaller Street. Karen Higgins, 456 North Shaller Street. The speakers were opposed to the new dorm because it will take up parking spaces. One resident lives right across the street lrom the proposed parking structure, The University talked to the residents when they put in the parking lot on Orange Street and said they would discourage students and laculty lrom driving on Orange Street; however, nothing has been done, The residents thought Orange Street would only be used by the University residents who had parking passes, The residents want the street closed, They were told that Chapman exceeds the minimum lor parking, Is this belore or alter filling up an existing parking lot with a building that will increase student housing by 350 beds, It was questioned whether the additional parking structure was needed, The dorm does not fit into the neighborhood. Students park on the streets, where they're not supposed to, The University doesn't want to lix existing problems, The residents are upset because the University does not work with them to solve the parking problems, ML Godlewski explained the Specilic Plan lor Chapman Universtty was developed a number 01 years ago, Pari 01 that plan was a parking management plan to evaluate how much parking would be necessary lor the Universtty and lor the dormitories, It was based on a global look 01 the University, and the total number 01 parking spaces available lor the total number 01 lull-time students that would be attending, The number 01 lull-time students would be the control, and not necessarily the distribution 01 parking throughout the area, and making sure that there was enough distribution lor the dorms, The students are doing everything they can to park as close to the dorms as possible, Stall recognizes this is a problem, However, the actual number 01 parking spaces that are available to the University are still in conlormance, without counting the new 700 car parking structure, with the Specific Plan, Realistically that number may not be correct and its distribution may not be as they had hoped, Because 01 that, there is currently a parking management plan that is underway. Part of that plan is to look at not only the number 01 parking, but also the distribution 01 those parking lor the various uses on the campus, They are also looking at some incentives to the students to use parking other than on the street. Incentives are probably the only way to get students oil the streets and into the parking structure, With the 700 car parking structure as scheduled, although the dormitories are coming belore the Commission lirst lor review, and the parking structure will be coming to the Commission June 5, the actual construction 01 the lacilities is such that the parking structure will likely be somewhat ahead or at least close to the opening 01 the dorms, ADDlicant's Response ML Biggs stated again that the University does meet and exceed the parking requirements with the addition 01 the new residence hall. They have also leased additional parking spaces Irom the First Presbyterian Church on Center Street and they have the lot on Palm, west 01 the Santa Fe lot. With the recommendations that come back lrom their consultants, they will be able to manage their parking in a better way, Gary Brahm, Executive Vice-President 01 the University, stated the parking has Irustrated them as well. They have not increased their parking lees to students lor a number 01 years, They only charge $50 a year lor student and stall parking, They will not raise their lees, but remain committed to working with the parking consultants to implement the best method 01 creating a parking plan that works best lor the City and the University, Commissioner Smith said she was very happy to have the Universtty in the neighborhood, and have been in lavor 01 projects at Chapman University throughout the process, But, she is upset to hear that the parking comes alter the proposal lor the building, It's the same as it has been lor so many years, She asked what it will take to convince the University that this is a major piece - - interfacing with the community, where the tires meet the road in Iront 01 the residents' houses, The residents cannot be impacted this way by student cars, She asked why the University doesn~ respond as assertively towards that as they do the lunding lor the new buildings, 3 Planning Commission Minutes April 17, 2000 Mr, Brahm said the University contemplated that when the first parking structure was built, that would fix the problem of parking, It has made some difference, but they were surprised that the amount of improvement was not what they had expected, They realize they need to have a plan that involves the University's parking system as well as parking for the community, and they need to take an integrated approach to solving the problem, Commissioner Carlton wondered if the University had considered underground parking as an alternative, ML Brahm stated they still have three levels in the parking structure that are available, The amount of available parking spaces is not really the issue as it is getting people to use the parking structure, The new parking structure will have five levels, If the City denies the new structure, the University will continue to use the existing parking structure. The public hearing was closed, Commissioner Carlton thought the structure would be a big benefit, but she was concerned that the structure is thrown in with the rest of the project to make it more convenient for the students, She didn't think there has been an aggressive program presented up to this point where the University has tried to remedy the problem, They need to consider the impact the University has on the rest of the City, If their parking is met by what they have now, why build another parking structure. Commissioner Smith stated the Commission needs to be looking at the Negative Declaration for this building, If possible, she would like to condition the building occupancy on the completion of the parking structure, A message needs to be sent to the University that the parking is a problem to the community and it has to be looked at and solved before going forward with more construction, Any other project that comes to Orange that does not have substantial parking, cannot be approved, She doesn't know why Chapman University is exempt in that category, She realizes there is "enough" parking, but it is not in the right place, Parking ie unenforced in the neighborhood. She doesn't know why there aren't incentives to get the students to park in the parking structure. The residents need to be protected, There is a Specific Plan, but what good is it if people do not abide by it. She would like the study to address the students moving in and moving out days, The effort should be made to protect the residential neighborhood, She hoped that a pass or permit for parking can be made that cannot be duplicated, Parking needs to be a priority, She likes the buildings and dormitories very much; it's only the parking problem that she has issues with, Chairman Bosch said it wasn't a surprise to him that the parking structure west of the Law School didn't solve the parking problems relative to the dormitories because it is far away. As long as there is free parking on the streets, it is always going to be the draw of students and staff to park for free rather than pay a parking amount. He believed various forms of incentive programs are critical to the success of the parking program overall. There is a nexus between the dormitories opening an occupancy and solving a parking challenge not just from the number of spaces because it appears to be adequate if they were correctly distributed, but rather looking at the fact that as the neighbors have pointed out, a certain number of spaces are being removed while the occupancy is being increased, It appears that a part of the overall good planning and review of the environmental impact is to see how resources are distributed and whether they adequately support the uses that are put on the land. He sees a nexus in the Negative Declaration review to when the parking is available to offset the loss of parking and to provide additional parking where we will know it will be utilized, If the parking problem is not addressed now and addressed prior to occupancy of the dormitory, that the problem will be worse for the residential neighbors, The very first incentive plan for him would be to add a condition that states that Chapman University provide at least offsetting parking for the parking lost for the project, within close proximity to the dormitory prior to occupancy of the dormitory upon its completion, There mighf be other solutions to solve the problem rather than a parking structure. He would also like to see as a condition that the parking management plan includes special provisions for mitigating the challenges of move-in, move-out days at the beginning and end of the school terms, There needs to be immediate work towards the non-duplicable parking passes, He concurs that problems in the neighborhood need to be solved, There will always be challenges with 4 Planning Commission Minutes April 17, 2000 college towns, but some additional tools can be put in place to help assist in solving the problems, He would like to add conditions to find acceptability to the Negative Declaration and to mitigate the parking and traffic congestion and impacts upon the neighborhood that would occur with the removal of the parking currently on site to allow construction of the dormitory, including the increased impacts caused by increased residential occupancy: That offsetting parking be in place, assigned to the dormitories by whatever mechanism can be brought forth for approval by the City's Community Development Director, prior to occupancy of the dormitory, and that a parking management plan be required to also be presented in substantially complete form for consideration by the City prior to that time, ML Reynolds commented he was glad the Chairman linked the condition about offsetting parking instead of linking it to the parking structure itself, There is a two step process and the parking structure may provide a lot more parking spaces than the dormitory would require, The Commission needs to make sure there is a reasonable proportion to the burden created by the dorms, He suggested that the conditions be made as mitigation measures to the Negative Declaration, ML Godlewski did not believe the parking pass situation is under the purview of the University, The Commission can direct staff to look into the matter because the City is the one who issues those passes in the parking district. Chairman Bosch stated part of the mitigation is a review plan, He asked if there is a mechanism available since the City is in the business of assisting and solving the problem by imposition of a parking permit district Mr. Godlewski explained a parking district is established, If the City's parking district is lacking, then staff needs to be directed to correct that situation, It's not really an issue for the University or the Mitigated Negative Declaration, Commissioner Smith made a case that the parking permit program is directly related to making sure that the student parking is in the right place: not on public streets, The reason the City has this program is to prevent student parking on the public streets, Commissioner Carlton said one of the speakers mentioned blocking off Orange Street at Walnut She asked what that process would be to have that occur, ML Hohnbaum stated this would be a matter for the Trattic Commission, There needs to be a petition from the residents to induce a study and the residents on the street who are currently taking access, need to be in a majority before that would happen, MOTION Moved by Commissioner Bosch and seconded by Commissioner Smith to approve Negative Declaration 1635-00, which is prepared to evaluate the potential environmental impacts of this project In addition to Staff Review Committee's review and comments, the Planning Commission has considered proposed Negative Declaration 1635-00, including the initial study and comments received during the public review process including this public hearing, and finds that additional mitigation measures are necessary for said approval all related to the need to mitigate the environmental impact of additional traffic, noise, air pollution and impact upon the surrounding land uses that would occur with the displacement of the parking and the lack of control of parking in proximity to the dormitories if no other plans were in place, to require, therefore, that additional mitigation measures be added: 1) Occupancy of the new dormitory building shall not occur until parking to offset the loss of parking consumed at the dormitory site and the additional impacts of the added residents in the dormitory be provided in proximity to the dormitory elsewhere on the Chapman University campus by means to be determined by the University, in consultation with the City. 2) The University complete and present in substantially complete form a Parking Management Plan including mitigation measures to the City for approval. Said Parking Management Plan to include permits, special provisions and other incentives to encourage both staff and student utilization of appropriately assigned 5 Planning Commission Minutes April 17, 2000 parking in proximity to their end destinations on the site, whether dormitories or other sites on campus, and that the Management Plan includes special provisions for the added impact which occurs on the days of moving into and out of the dormitories by the students (twice per year), AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED MOTION Moved by Commissioner Bosch and seconded by Commissioner Pruett, to approve Specific Plan Site Plan Review, finding that with the implementation of the mitigation measures contained in approved Negative Declaration 1635-00, based upon the plans presented and reviewed by the Planning Commission for this hearing, and the conditions of approval listed as 1 through 7 in the staff report, the Commission finds that the proposal is consistent with the Chapman University Specific Plan, AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None Chairman Bosch believes, on behalf of the Commission and the City, that the University needs to continue to look for even more positive and inclusive methods of communication with the neighboring residents to recognize that we are all part of the same community, The Commission directed staff to investigate alternative methods for implementation of the parking permit program with regard to the parking passes, Given the background and throughout the history of the parking permit program, the unauthorized duplication and forging of passes by any parties has been excessive and has led to a substantial failure of the full positive potential of the program, Staff is to report back to the Planning Commission, City Council and the community with the measures that they are taking and the results they find to help resolve the problem, MOTION CARRIED IN RE: CONTINUED HEARING 6, CONDITIONAL USE PERMIT 2319-99. LEISURE TOWERS GUEST HOME A request to allow the expansion of an existing board and care facility for persons with mental disabilities and disorders, from 34 to 40 residents, The site is located at 1305 East Chapman Avenue. (This item was continued from the March 20, 2000 meeting,) NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act Mr. Godlewski reported the Planning Commission, at a previous meeting, requested that the applicant provide information concerning their programs and the general operation of the facility in greater detail. Commissioner Smith asked staff why this facility is not required to have covered parking, Mr. Godlewski said the property is located in the Office-Protessional zone and it is not considered necessarily a residential use that would require individual parking for the residents. This use has been at this property for such a length of time and it is unknown how the original approval took place. The Office- Professional zone does allow this type of facility without covered parking, Chairman Bosch believed that neither assisted living facilities nor senior housing require covered parking under the current Ordinance, The public hearing was opened. 6 Planning Commission Minutes April 17, 2000 Bill Thomas, owner of the leisure Towers Guest Home, said he must abide by Title 22 requirements for the regulation of his board and care facility, It is very specific about the operation of the home including recreational areas and staffing, Commissioner Smith acknowledged Mr. Thomas' invitation to visit leisure Towers; however, she was unable to do that She did view the facility from the sidewalk and driveway, The pictures of the picnic area and garden look bare, She is still concerned about the lack of recreational space at the facility, Mr. Thomas said they started working on a vegetable garden over the weekend, Their main emphasis is to get the residents out in the community, They have day treatment programs that people go to- They also walkto the AM/PM to get coffee, Planned activities are available for the residents at the facility, but it is more important to get these people out into the community. Chairman Bosch noted the Commission has received and entered into the record lellers in support of the proposal. 3 oeoole sooke in favor of this oroiect Bill Perry, 2654 Basil lane, los Angeles, Jean Davey, 16751 Daisy Avenue, Fountain Valley, Deidre Conkling, 19222 Sleeping Oak, Trabuco Canyon, Family members are residents of leisure Towers and have been for several years, These people are severely disabled with mental illness and they are unable to drive vehicles, They spoke highly of this professional facility with its exceptional programs and dedicated staff, It is common for the residents to walk a lot because it is the nature of their illness; it is a release for the type of illness they have, Most of the recreation is away from the facility, The residents would rather get on a bus and go to the beach, go fishing, or go to a ball game. Other outings on a monthly basis include bowling, the movies, and miniature golt The public hearing was closed. Commissioner Romero commented he did not have a problem with the request This facility is providing an excellent service for the community, Commissioner Carlton thanked Mr. Thomas for the invitation to visit the facility, but she was unable to go by, She used to work just a few buildings from that facility for a number of years and is familiar with the program, The people who spoke and the additional information that was provided have helped to eliminate her concerns about the project Commissioner Smith is also impressed with the programs offered at leisure Towers and does not question the program aspect at all. However, she continues to think that 40 people in this size of facility is too many, She is also extremely aware of the desperate need for housing for folks with mental illness, She is concerned about the quality of life for 40 people living at this facility, She still does not think there is adequate space or recreational space for that many people, but she will defer to the majority of the Commission, Chairman Bosch concurred with the comments heard, His concern was the recreation space as well. He has taken the opportunity to speak to a number of individuals who live in the neighborhood, and none of them have any difficulty whatsoever with leisure Towers or its residents, The program is extraordinarily well run, He also spoke to some operational people and has a beller understanding of the programs and what is involved, He is convinced by the additional information provided that the facility can support the additional residents. It was noted the project is categorically exempt from CEQA review, 7 Planning Commission Minutes April 17, 2000 MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero, to approve Conditional Use Permit 2319-99 with conditions 1 through 12 as listed in the staff report, finding that the Conditional Use Permit is granted upon sound principles of land use and in response to services required by community, n 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, and it is subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED RECESS - The Chair recessed the meeting at 8:35 p,m, RECONVENE - The meeting reconvened at 8:45 p,m, IN RE: NEW HEARiNGS 7, CONDITIONAL USE PERMiT 2311-99 AND ADMiNISTRATIVE ADJUSTMENT 99-19 _ ROMAN CATHOLIC BiSHOP OF ORANGE A request to allow substantial on-site improvements and additional burial facilities at Holy Sepulcher Cemetery. The request for an administrative adjustment is to allow additional fencing height The site is located at 7845 Santiago Canyon Road. NOTE: Negative Declaration 1622-99 was prepared to evaluate the environmental impacts of this project. Chris Carnes, Associate Pianner, presented a request from the Diocese of Orange for a conditional use permit and administrative adjustment for the upgrading and expansion of the Holy Sepulcher Cemetery, There is four components to the project: 1) To upgrade the maintenance yard and on-site water storage and water pumping facility. 2) To expand and complete the lawn and drives to the southern portion of the property, 3) The new construction of a mausoieum, 4) To complete a terrace and build new crypts along the east side overlooking the Villa Park Dam retention basin, The purpose of this project is to increase the capacity of the cemetery's burial sites for up to the next 50 years, Improvements will result in 19,000 additional burial sites, The upgrades to the maintenance yard will be completed as soon as possible, The next phase includes the lawn improvements and drives and then the mausoleum, all within the next two years, The mausoleum will be completed in two phases; then the last phase would be the crypts and terrace, The administrative adjustment request is to allow a 10% increase in the height of the security fencing around the maintenance yard, Due to some grade differential, if the administrative adjustment is approved, it would allow or create some fences that would be up to 10 feet 7 inches in height. That's due to the combination retaining wall and a 6'-7" fence, The City's Master Plan of Trails was adopted in 1993, as part of the General Plan to create a plan for the recreational trails in East Orange. The Master Plan shows a trail that crosses the southern part of this property, The plan includes specific development standards for an 18 foot wide easement, with a 10 foot wide trail with four feet of landscaping on each side, The four feet of landscaping is to create a buffer to keep the rider away f,om the fence. In this particular case, the City could not require the applicant to dedicate the easement and make improvements because there is not a "nexus" or connection between the improvements being done and the future need for expanding the recreational trail because it is not residential. Numerous trails have been implemented, When the Hillsdale tract was developed, there was 8 Planning Commission Minutes April 17, 2000 a requirement that they incorporate a trail. There is a trail that crosses the north end of that property, There is also the future Sully Miller project, north of Orange Park Acres, and the developer is incorporating into the design of that project horse trails, the dedication of the trails and the improvements, The Serrano Heights development also has included the dedication and improvements of recreational trails up in their area, The recreational trails provide access to open space to the East Residential developments can be required to include these trails as part of their projects, ML Reynolds cited a Supreme Court case that came out of Oregon regarding the proportional impacts of recreational trails. The findings are aimed at what is the burden that is created by that subdivision, In this case, perhaps the City would not be able to exact the entire trail because it may serve more than just the subdivision that it is adjacent to, The Commission and staff talked about the trails that are in place in the Hillsdale tract The one trail is on a hill and the trail ends at the road, There is not enough space to resolve the problems. The City and OPA would like to replace the existing trail with a new trail, as shown, on the cemetery property, If the project is approved, without requiring the dedication improvements for the trail, then it will continue to be a long- term maintenance with the City and OPA Homeowner's Association on the existing steep trail in the Hillsdale tract The public hearing was opened, Dan Holden. 500 North State Colleoe, commented on the horse trail issue, It has been considered at the Diocese and they have in the past cooperated with the City and the OPA with various trails, However, the cemetery is dedicated as a religious cemetery and there is a very strong need for the cemetery, They do not feel that it is appropriate or compatible to have a horse trail along their property, The trail is not a part of their Master Plan for the cemetery, He introduced the speakers and turned the presentation over to them, Mike Shaffer. 2811 East Villa Real Drive, is the Director of Cemeteries for the Diocese of Orange and he works at the Marywood CenteL They are running out of grave space. The families have been asking for a mausoleum and for different services that they just do not offeL The maintenance yard needs to be expanded, Dave Hepburn. a resident of Huntinoton Beach, is the cemetery consultant for this project He stated only 1 % of the population dies every year and about 25% of the deaths in Orange County are Catholic, The amount of business will remain constant and will not increase traffic, The difference will be that there will be other choices for the family. They are developing future inventory for a future need. All work will be done in phases. They have created various spaces in their Master Plan for memorialization, He pointed out the different phases of development on their site plan. Dan White. 718 North Diamond Bar Blvd.. Diamond Bar, talked about the maintenance yard modifications, a new maintenance structure, the new entry gates and a public restroom, In response to the Commissioners' questions, the applicants explained the land across the street to the west of Santiago Canyon is anticipated to be used as burial property and they hope to look at that within the next 10 years, but there is no Master Plan for that property, The southern section of the cemetery will be built out within 10 to 15 years. They hope to start construction on the mausoleum next Spring, 2001 and should be in operation by 2003, The new burial sites are projected to be in use by 2005, There will be no impact to what has already been developed, 8 people spoke in opposition to the proiect Chuck McNees, 11211 Orange Park Blvd, Phyllis Walker, 7301 Cambria Circle. Richard Siebert. 1388 North Kennymeade Street Anita Bennyhoff, 10642 Morada Drive. Charles Leffler, 10693 South Orange Park Blvd. 9 Planning Commission Minutes April 17, 2000 Tommy Walker, 9882 Windes Drive, Marilyn Ganahl, 20351 Lewis Drive, Bob Bennyhoff, 10642 Morada Drive, A letter was also handed to the Commission from the Cray family, voicing their concern that a trail would be required to separate their property from the burial sites. The history of the cemetery property and horse trails in the area was given, It was emphasized that the rural lifestyle needs to be kept in Orange Park Acres and the surrounding community, They appealed to the Diocese to provide the area with an easement for a safe recreational trail to get to the open space areas. A horse trail would not be an inappropriate use at the far end of the cemetery property, One property owner has experienced a lot of drainage problems, The height of the walls and signage were questioned. Traffic and parking are a concern, They felt the new mausoleum structure will be massive. The children's safety must be considered when using the steep trails; something needs to be done to correct the problems associated with the existing trail. The people in the area are asking Holy Sepulcher Cemetery to be good neighbors, and to provide a safe trail. The OPA has been willing to negotiate with the applicant, but they have been told no, A compromise proposal would be to reduce the size of the trail to 10 feel. They would ask the City to waive the requirement for the four foot landscape buffer, and it is OPA's understanding there would be nothing built within 6 feet of the trail. Applicant's response ML Hepburn replied the building is designed to be sold out over seven years. The mausoleum will not bring in additional traffic. The cemetery averages about 10 burials a week or two a day, The size of the mausoleum is 131 x 175, The actual square footage is less than 22,925, They would lose approximately 300 grave sites if a 10 foot easement were required for a recreational trail. Plans could be modified and cremation graves could be considered along this portion of property, although the Diocese has less than 20% cremation, There is a steep slope down to the park from the cemetery property, A retaining wall is needed that will hold crypts. Very little earth will be exported from the site, And, the park will not be disturbed. ML Shaffer said they dedicated areas for horse trails over the years, The grave site figures in the OPA Minutes are not theirs, ML Hepburn guessed maybe 200 to 300 grave sites would be affected by the easemenL The sign age for the gates at the north end of the property, near the maintenance yard, and the signage at the main gates would certainly fall within the existing City codes for signs, They are proposing to beautify and screen the area where the dumpsters and maintenance yard are located and will be planting new grass and landscaping the other end of the cemetery to make the property more attractive, Mr, White said the existing facility is walled along the property line, They are looking to extend the wall out from its present location, which steps the height down to a 6'-7" height from the grade inside the maintenance yard. The existing grade on the neighboring property is sloping from a high point to a low poinL An alternative height of 10 feet is proposed for the wall. Other alternatives were considered, however, it would be a better plan to minimize the height of the wall. The Design Review Committee wants them to come back with a landscape plan. He talked about the wall height along Santiago Canyon Road, The public hearing was closed, Commissioner Pruett didn't believe the horse trail issue is before the Commission for consideration, but he has some concerns based on the testimony he heard from people who use the trail. The City Attorney has laid it out to where the issue becomes a property issue, The Commission is not in a position to condition the horse trail into the projecL A number of people spoke about the dangerous trail and he asked why is that trail still open, If the trail presents that kind of hazard to the public, and the public is that concerned about it, the trail should not be kept open, He also ask.ed it consideration had been given to 10 Planning Commission Minutes April 17, 2000 looking at alternative trails along Santiago Canyon Road, on the Rancho Santiago Community College property. That would not require the acquisilion of property, but it would require some trail improvements, ML Godlewski made notes about looking into the dangerous trail. The trails' Master Plan is something that was done quite a number of years ago, and has been implemented incrementally as development takes place, The discussion with the City Attomey's office is new to staff and they haven't had an opportunity to look at the trails, A couple of trails are already shown in the area of the College, along that western edge of the campus, The problem is on the other side -- making that connection from Santiago Canyon into the park site, Commissioner Smith stated this cemetery is a sacred, beautiful place that will never change, She is surprised by the notion that this property owner should give this property to the community, She didn't think the community would ask any other property owner in the neighborhood to donate property for a trail. She hears people asking families to give away grave sites, She doesn't see it as a dollars and cents question, You have to have a place to bury your dead; a place to put the deceased, And, it's very limited of where you can do that It is risky to trade in grave sites for a second horse trail in the same vicinity, The bad trail needs to be fixed, It concerns her that there is a dangerous trail that a child could possibly ride a bike into the street The Planning Commission is a body that governs land use, She wondered if the recreational trail is an appropriate use next to a burial site, Commissioner Carlton stated the property was donated in 1930 and used as a trail for a number of years, She referred to an easement by prescription, but didn't know how many years that easement would have to be in active use, At one time, apparently the cemetery had fenced off the property, She wanted more information on this, It was also understood for a long time that there was going to be a horse trail at this location, She believed the trail could be screened off so that there would be no impacts, ML Reynolds indicated this might be a private right, not necessarily something the City would have any entitlement to, The community may have a prescriptive easement, which means over a period of time a group of individuals would have used this as a trail. What he heard, though, was that at some point the trail was fenced off. In order to get a prescriptive easement, one would have had to use the trail for a continuous period of time, He believed it is five years and the users would have to establish that right This becomes a civil issue rather than a governmental land use function, Commissioner Pruett thought it was unfortunate that the Commission got into an issue of debating a horse trail, a property right issue, and it doesn't have anything to do with the application, The "nexus" has not been established in this case: this is a different kind of issue and there is case law that has upheld that Commissioner Carlton stated horse trails are very often included in the development of land and that is something the City mandates in many cases, The community has brought this issue before the Commission that is very sensitive and the OPA is left without a solution to this problem, It needs to be considered as part of the package, There is an effect on the community and the neighborhood, Just because there aren't houses with people living on the property doesn't mean that it doesn't affect the community, Commissioner Smith said if the horse trail is not mitigated for this project, it will be appealed to the City Council. Mr, Reynolds commented the Commission needs to look at what the impact is that this development is creating, Then, look at the condition that is being thought of to be imposed -- to provide a trail dedication, What impact is that trail addressing, If there was a residential neighborhood, there is a burden on the services that are needed for that subdivision. And a trail can be conditioned for the development The trail at the cemetery has to address the same type of impacts the development is creating, That's the first step in the nexus, The City Attorney's office does not see that the nexus can be satisfied, Chairman Bosch has to start with the trail issue because it has to appear somewhere in what they talk about in the findings, The City of Orange adopted a Master Plan of Recreation Trails that without implementation 11 Planning Commission Minutes April 17, 2000 mechanisms in place, demonstrates a variety of multi-purpose trails and perhaps some individual equestrian trails that impact a variety of properties including both the particular parcel in question that is before the Commission and other holdings of the Diocese of Orange labeled Holy Sepulcher Cemetery and set aside in the General Plan for institutional use by the City of Orange. There cannot be a trail on this property without just compensation to the property owner for acquisition of a trail easement and negotiations to do that Or, demonstration of a nexus that allows a taking. Then, if the trail does not happen, several things have to occur. One of which is a modification to the Master Plan of Recreation Trails for the C~y of Orange, It was put at this location for a purpose for ease of access and because there was a used trail in there at the time, The other Hillsdale trail needs to be addressed by repairing it if physically possible to do so or work with other entities for another trail location. He had hoped there was a way to acquire the trail easement by some entity. As to the remainder of the proposal, he had a couple of concerns. He's greatly concerned about imposing a 10'-7" wall at a residential property line, It's been so long, but the maintenance yard itself is not the best neighbor, but it is something that is in place, Now, there is an expansion that perhaps is limited by existing grave s~es that are either sold or actually in use, This plans creates a further imposition and denigration of the property value of the property immediately to the north through the extension of the wall. The wall isn1 the most user friendly in terms of the neighbor and that is a negative impact. He appreciates the DRC reviewing the final landscape plans and shielding the wall on the 20 foot setback from Santiago Canyon Road, It is stated the wall is to solve vision problems and to provide greater security for equipment, but the height strikes him that at 6 feet it would be completely appropriate with other safety standards in place, This isn't a high crime area, He expressed concern for the park land and the impacts upon that The cemetery provides a wonderful back drop and assures preservation of the vistas from the open space to the East He would like to include a better landscape screening for the park, from what will be a very long wall - the crypt area, And, also to resolve the problems that exist now with regard to drainage and the 10 foot wall. He does not support the administrative adjustment. Approval of the project would damage the adjacent property owner. MOTION Moved by Commissioner Pruett and seconded by Commissioner Smith to approve Negative Declaration 1622-99, AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED MOTION Moved by Commissioner Pruett and seconded by Commissioner Smith to approve Conditional Use Permit 2311-99, with conditions 1 through 10 in the staff report and adding a condition to address the drainage problem at the north end of the property to the satisfaction of the City's Engineer, finding that the Conditional Use Permit is granted upon sound principles of land use and in response for services required by the commun~y, 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 plan for the area, and it is being made subject to those conditions necessary to preserve the general welfare. not the individual welfare of any particular applicant AYES: NOES: Commissioners Pruett. Smith Commissioners Bosch, Carlton, Romero Chairman Bosch voted against the motion because the plan, as presented, will cause deterioration of bordering land uses and create special problems for the area that can't be mitigated without substantial change to the plan, with regard to the maintenance buildings, There should be a way to m~igate the pump noise and the enclosure and safety of the pump, and the drive access to the remainder of the yard without MOTION FAILED 12 Planning Commission Minutes April 17, 2000 having to pave that whole area with a retaining wall. He would like to see landscape in the area and a setback to the wall rather than a wall along the property line, The majority of the Commission wanted to ask the applicant if they would agree to a continuance to address all of the issues discussed at this meeting, The applicant agreed to a continuance to improve community relations, address the maintenance building and yard relative to the impacts upon the neighbor, including the height of the block wall. However, they do not want to consider the horse trail. MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to continue Conditional Use Permit 2311-99 to the meeting of June 5, 2000. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED Commissioner Pruett requested staff to research and evaluate the horse trails in the Master Plan and identify problems that need to be addressed, In response to a procedural question by Mr, Reynolds, regarding the motion that failed, the Commission understands that the motion to continue this project is to keep the item open for consideration; that the project was not denied, The motion to continue will allow further testimony and final action to be taken. 8. CONDITIONAL USE PERMIT 2325-00 - BZR INVESTMENTS INC, (WIENERSCHNITZEL) A request to allow the establishment of a restaurant with a drive-thru lane, The site is located at 108 West Lincoln Avenue, NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act Mr, Godlewski presented a conditional use permit request to establish the use of a drive-thru window at a restaurant The property is currently vacant and is the site of a former gas station, The applicant is proposing to build a new restaurant There is substantial street dedications that are required that further reduce the usability of the site, and has required some design work to accommodate a drive-thru lane and restaurant parking with the ultimate right-of-way, The project meets all of the code requirements, The public hearing was opened, Carlos Garau. YGT Architects. 2291 205th Street #102. Torrance, is the architect for this project It is a difficult site in that approximately 4,000 feet have to be dedicated to the City, The southerly driveway, which impacts most of the residential neighborhood is impacted by the requirement that part of the dedication is to be a bus lane, This is the smallest version of Wienerschnitzel that is built today, The project meets all of the requirements of the Master Plan and it is zoned for its use. They have read the conditions of approval and agree to them, They will work with the Police Department on the lighting requirements to minimize the impact on the neighbors, One card was submitted by Steve Wagoner, 103 West Dunton, who was opposed to the project; however, he left the meeting, The public hearing was closed, It was noted the project was categorically exempt from CEQA review, 13 Planning Commission Minutes April 17, 2000 MOTION Moved by Commissioner Carlton and seconded by Commissioner Romero to approve Conditional Use Permit 2325-00 with conditions 1 through 15 in the staft report, and add a condition that the speaker at the order sign be directed to the east rather than to the southeast or south, and that the noise and light levels not be exceeded, And, landscaping on the south property line shall be designed to shield light intrusion of head lights, 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 it is located, It has been considered in relationship to its eftect on the community or neighborhood plan for the area in which it is located and it's made subject to conditions necessary to preserve the general welfare and not the individual welfare of any particular applicant AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 9. CONDITIONAL USE PERMIT 2328-00 - RANDY AND ANN HARRIS A request to allow the construction of a new single-family residence with an accessory second unit The subject site is presently vacant. The site is located at 1802 North Kimbark Lane, NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. Chris Carnes, Associate Planner, presented a request for an accessory second unit in conjunction with a new residential unit at the corner of Kimbark Lane and Lewis Street The proposed main residence is two story with approximately 5,600 square feet, and the accessory unit is attached to the main structure by a covered walkway, Both structures will have 2-car garages attached to them, The zoning ordinance requires nine specific additional development standards for the accessory unit The public hearing was opened, Randy Harris, 2904 East Athens, said he and his wife plan to build their home and accessory second unit, and have met all of the conditions and requirements. On the same street there are other homes with secondary units thaf have been approved, They have met all of their neighbors who do not object to their plans, Tommy Walker, 9882 Windes Drives, was concerned about water run oft at the bottom of the hill. He and his neighbor, Ms. Wells, would like for them to put in a berm so that water could drain to the south, Aoolicant's response ML Harris stated their property was professionally graded and he is not aware of any flooding, They were required to put in additional slope for erosion control. The public hearing was closed. ML Hohnbaum commented on the drainage issues and assured ML Walker they would take measures to protect adjacent properties, Hopefully, the grading conveys the water up to Kimbark, which would be traditional. And, there seems to be some form of a drainage easement at the cui de sac. It was noted the project is categorically exempt from CEQA review, 14 Planning Commission Minutes April 17, 2000 MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to recommend to the City Council to approve Conditional Use Permit 2328.00 with conditions 1 through 7 in the staff report, tinding 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 ot bordering land uses or create special problems for the area in which it is located, It has been considered in relationship to its effect on the community or neighborhood pian for the area in which it is located and it's made subject to conditions necessary to preserve the general welfare and not the individual welfare of any particular applicant AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 10, CONDITIONAL USE PERMiT 2329-00 - DANIEL PEREZ (CACTUS JACK'S MEXICAN GRILL) A request to allow the on-site sale of beer and wine with meals in a new restaurant The site is located at 154 North Glassell Street and is within the Old Towne Historic District NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. The full presentation of the staff report was waived and the public hearing was opened, AI Ricci 616 East ChaDman Avenue, represents Cactus Jack's Mexican Grill as the property owneL The ABC has approved this site and the applicants, The building is very historic and will lend itself very well to a Mexican restaurant. ML Godlewski shared a memo from the Police Department requesting that there be an added condition that there will be no 18 and over promotions at this location. He believed the Police Department's concern is with the college crowd and that they not get into a situation where they have younger than 21 year olds participating in activity that involves alcohol. Mr. Ricci spoke with one of the ABC applicants who stated he did not have a problem with that condition, The public hearing was closed, It was noted the project is categorically exempt from CEQA review, MOTION Moved by Commissioner Romero and seconded by Commissioner Carlton to approve Conditional Use Permit 2329.00 with conditions 1 through 12, and add a new condition that there will be no "18 and over promotions" at this location. 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 it is located, It has been considered in relationship to its effect on the community or neighborhood plan for the area in which it is located and it's made subject to conditions necessary to preserve the general welfare and not the individual welfare of any particular applicant AYES: NOES Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRtED 15 Planning Commission Minutes April1?,2000 IN RE: ADJOURNMENT Moved by Commissioner Carlton and seconded by Commissioner Bosch to adjourn to a joint City Council and Planning Commission study session on Tuesday, April 18, 2000, at 5:00 p.m, in the Weimer Room to discuss the City's proposed Capital Improvement Program. The meeting adjourned at 12:00 a,m. AYES: NOES: Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED /sld 16