HomeMy WebLinkAbout01-21-1991 PC MinutesPLANNING COMMISSION MINUTES
City of Orange January 21, 1991
Orange, California Monday - 7:00 p.m.
PRESENT: Commissioners Bosch, Cathcart, Murphy, Scott
ABSENT: Commissioner Master
STAFF
PRESENT: Joan Wolff, Sr. Planner and Commission Secretary;
Chris Carnes, Associate Planner;
Jack McGee, Director of Community Development;
Bob Herrick, Assistant City Attorney;
Gary Johnson, City Engineer; and
Sue Devlin, Recording Secretary
Moved by Commissioner Murphy, seconded by Commissioner
Cathcart to excuse Commissioner Master's absence based
extenuating circumstances with travel restrictions by his
firm.
AYES: Commissioners Bosch, Cathcart, Murphy, Scott
NOES: None
ABSENT: Commissioner Master MOTION CARRIED
PLEDGE OF ALLEGIANCE
IN RE: MINUTES OF JANUARY 7, 1991
Moved by Commissioner Scott,
Cathcart, to continue approval
Minutes to the next meeting,
appropriate time for review.
AYES: Commissioners Bosch, Cath
NOES: None
ABSENT: Commissioner Master
IN RE: NEW HEARINGS
seconded by Commissioner
of the January 7, 1991
February 4, 1991, to allow
cart, Murphy, Scott
MOTION CARRIED
CONDITIONAL USE PERMIT 1889-91 AND NEGATIVE DECLARATION
1364-91 - STEWART BERKSHIRE:
A request for a density bonus to allow a greater number of
units on site than are permitted under the current General
Plan designation of Low/Medium Density Residential (6-15
units/acre) . The site is now occupied by twelve apartments,
and a total of 15 units are proposed. Subject property is
located approximately 400 feet north of Washington Avenue at
the end of Park Lane, addressed 180 South Park Lane.
NOTE: Negative Declaration 1364-91 has been prepared to
assess the environmental impacts of this project.
Planning Commission Minutes
January 21, 1991 - Page 2
There was no opposition; therefore, a staff report was not
presented. Ms. Wolff made a correction/addition to the
staff report. Condition 25 needs to be added related to
some comments in the staff report. It is to read: "Prior
to issuance of building permits, the applicant shall provide
the City with recorded proof that easement rights have been
relinquished." Condition 3 (Page 9), fifth sentence, needs
to be corrected to read "being rented to lower income..."
rather than low income. Lower is the technical term used in
State law.
Chairman Bosch noted the Commission had received a letter
dated January 16 from the applicant regarding existing rent
schedules on the property.
The public hearing was opened.
Applicant
Todd Schooler, 500 North Newport Boulevard, Newport Beach,
represented the applicant as his architect. He had
questions about the conditions. Condition 2 -- if approved
by the Commission, would the Design Review Board review
their site design again?
Chairman Bosch stated the D.R.B., subject to the
Commission's approval and them overruling D.R.B.'s previous
action, would still review the final site plan and landscape
plans. This is standard practice.
Mr. Schooler continued. Condition 3 -- is it necessary to
do a monthly report or can it be done quarterly?
Mr. Carnes responded the City's Housing Department receives
monthly updates on two other lower income projects. The
units were 25~ affordable units.
Mr. Schooler stated almost all the units meet the affordable
requirements. He felt it would be a lot of extra paperwork
in having to get monthly reports from every single tenant.
Commissioner Scott thought they were only looking at three
units which would be affordable and those three would
require record keeping.
Mr. Schooler said that would be acceptable. Condition 4 --
they did not feel a six foot high block wall would be
required and they're not sure why this is a condition. He
talked to their acoustical engineer who was under the
impression that it wasn't needed.
Planning Commission Minutes
January 21, 1991 - Page 3
Commissioner Scott believed since they were going from one
zone to another (freeway to residential) , a concrete wall is
required.
Mr. Schooler thought if the outside area was around 65 dba,
it should meet most requirements.
Chairman Bosch said the intent was to further assure
mitigation, bu t the Commission would take the question into
consideration.
Mr. Schooler questioned the fire hydrant, Condition 13.
Would it be possible to rewrite that to where they meet the
Fire Department's requirements because there are other forms
of mitigation that might not be as expensive (i.e., fire
sprinklering).
Chairman Bosch understood the conditions are applied based
on the Fire Department's review of the project.
Mr. Schooler made some changes to their design and pinned it
to the wall. One of the conditions was to re-work the
laundry facility, which they have done. There were also
concerns about the parking spaces/landscaping. He pointed
out their changes. He also showed on the plan how the
property lines related to the buildings and how each unit
could have their own yard. The proposed project does not
meet the parking requirements. By amending their plan it
meets all parking requirements.
Those speaking in favor of project
Stewart Berkshire, 1770 West Balboa Boulevard, Newport
Beach, would be happy to answer any questions since he was
the owner of the property. They modified the plans to
address the Design Review Board's concerns. They ask to
have some flexibility with the conditions such as the fire
hydrants. He had no problem with the three affordable units
and the required paperwork.
Chairman Bosch asked if the three units would be the
affordable units?
Mr. Berkshire said the three units were not anticipated to
be affordable. They have additional square footage over and
above the other two bedroom units. He assumes a fair market
rent for those units. The three affordable units would be
from the existing 12 units, which would meet the
requirements for low income families.
The public hearing was closed.
Planning Commission Minutes
January 21, 1991 - Page 4
Commissioner Cathcart did not feel comfortable with the
comments made by the applicant regarding some of the
conditions. He would rather see the conditions ironed out
before casting a vote.
Commissioner Murphy agreed and added his concern about the
amended plans submitted on Friday. Would they be making a
decision on the original proposal or the revised one? He
was uncomfortable changing the conditions, especially
anything to do with public safety and the fire aspect of it.
Chairman Bosch stated the Commission would have to act on
the application given to them. They could put conditions on
it which might include the changes requested by the
applicant.
Commissioner Scott said the staff report indicated the units
per acre was on the gross acres. Is this the normal way to
calculate the acreage?
Ms. Wolff responded affirmatively. In calculating the
general plan density, staff used the street frontage. This
is a bit unusual because there is an entire cul de sac which
gets folded into the lot calculation.
Commissioner Scott understood the applicant to eliminate one
parking stall. Then, turn around and create a parking stall
next to the relocated trash enclosure. Does that really
encroach into the open space requirements?
Ms. Wolff said it would take away from the strict numbers,
but the point staff was trying to make in the report was
whether the numbers actually comply with the code
requirement for usable and contiguous open space. Yes, it
does detract from the overall number.
Chairman Bosch was concerned about the livability of the
open space. The Commission has not had a chance to look at
the small yards in detail to see if they provide a usable
area, given what has to be done to protect the occupants of
the dwelling units from acoustical impacts. He was willing
to review the proposed plan revisions and allow staff to
review it as well relative to other impacts on open space to
see if it does improve the project. Another concern is
safety and accessibility of the new dwelling units from the
public street. The three new units are to be accessed from
a walkway rather than through a vehicular drive area.
Pedestrians have to walk something on the order of 100 feet
or more from the nearest sidewalk to get to another
sidewalk .
Planning Commission Minutes
January 21, 1991 - Page 5
Moved by Commissioner Scott, seconded by Commissioner
Cathcart, to continue Conditional Use Permit 1889-91 and
Negative Declaration 1364-91 for 30 days, to the meeting of
February 20, 1991, to resolve the concerns of the Commission
and staff.
AYES: Commissioners Bosch, Cathcart, Murphy, Scott
NOES: None
ABSENT: Commissioner Master MOTION CARRIED
IN RE: ADJOURNMENT
Moved by Commissioner Scott, seconded by Commissioner
Murphy, to adjourn to a study session on January 28, 1991 at
5:30 p.m. in the Weimer Room to discuss Community Department
priority issues.
AYES: Commissioners Bosch, Cathcart, Murphy, Scott
NOES: None
ABSENT: Commissioner Master MOTION CARRIED
The meeting adjourned at 7:30 p.m.
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