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HomeMy WebLinkAbout02-01-1993 PC MinutesMINUTES Planning Commission February 1, 1993 City of Orange Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Cathcart, Murphy, Smith ABSENT: None STAFF PRESENT: John Godlewski, Administrator of Current Planning; Bob Herrick, Assistant City Attorney; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF JANUARY 18, 1993 Moved by Commissioner Smith, seconded by Commissioner Bosch, to approve the Minutes of January 18, 1993, as recorded. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: NEW HEARING GENERAL PLAN AMENDMENT 1-93 -RECREATIONAL TRAILS MASTER PLAN AS PART OF THE OPEN SPACE AND CONSERVATION ELEMENT A request to amend the City of Orange General Plan, Open Space and Conservation Element by modifying the existing Recreational Trails Master Plan. NOTE: Negative Declaration 1423 has been prepared in accordance with California Environmental Quality Act (CEQA) Guidelines. Jere Murphy, Advanced Planning Manager, briefly discussed the background on the Master Plan of Recreational Trails. The project began in June, 1991 because of the recognition by the City Council that the existing Master Plan of Trails in the 1989 General Plan document was not as comprehensive in nature as they wished it to be. Therefore, in September, 1991, the City hired the Elliott Group to prepare a Master Plan of Recreational Trails assisted by City staff. The Advisory Committee for the Trails Master Plan was formed about that same time with seven members and one alternate, representing the community that were concerned about this Trails Master Plan. Major points of discussion in the activities of the Advisory Committee were that it was to be a multi-purpose trails system of equestrian, hiking and biking; the equestrian uses are limited to the area east of Loma Street in the area centering around Orange Park Acres and to the north and south of that area. To the west of Loma Street, the plan identifies hiking and biking as uses for the trails. There was discussion about two phases of development of trails in the area which was subsequently reduced to a single phase with the recognition that there is still considerable work to be done on the use of the old Southern Pacific Railroad right-of-way, as well as the Southern California Edison rights- Planning Commission Minutes February 1, 1993 of-way in the western portion before those trails could be implemented. There was major discussion about maintenance/liability issues in which the plan attempts to identify the hierarchy of organizations that would be responsible for maintenance and liability -- that being the homeowners' association, the Orange Park Acres Association, assessment districts, the County of Orange, and then the City of Orange in the event no one else is available to assume the liability and maintenance responsibilities. Two bi- level crossings of Santiago Canyon Road are shown as optional elements on the Plan, to the north and east from the central portion of Orange Park Acres. With the development of Santiago Canyon Road as a primary highway, there was concern expressed for the safety of young people regarding at-grade crossings at the intersections along Santiago Canyon Road. A proposal was made by the Advisory Committee to show two optional bi-level crossings and those locations were based on both supporting topography and the availability of vacant land. There was an underpass shown in the area just west of Orange Park Boulevard and a bridge crossing shown at the south end of the cemetery property. The bi-level crossings are indicated in the Plan as optional depending on the community's ability to raise funds for those crossings. The trail system works adequately without those crossings, but the crossings do provide an added measure of safety vs. the at-grade crossings. Staff recommends that the two optional bi-level crossings be retained in the Master Plan for future discussion with the community with regard to their funding. It was agreed by the community that the City would not be the responsible agency for funding those projects. The public hearing was opened. Those speaking in favor of the proposed Amendment Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, recommended adoption of the Plan as proposed by the staff. Safety issues are a real concern to the Orange Park Acres community. It only makes sense to make a provision in the Master Plan on an optional basis giving the community a chance to finance the horse trail crossings. If this option were deleted from the Plan, it would foreclose the opportunity they would have at some future date to put them in. Chairman Murphy noted two letters were received by the Commissioners at the administrative session: one from attorneys Holden & Fergus, and another from Bettencourt & Associates. Bob Walters, 20012 Gray Lane, said the insurance for these is covered only by Orange Park Acres. That includes trails that are miles from them. It is important to figure out how to get across the highway and that's the challenge they are faced with. They believe they can generate the funds to construct the crossings. Bill Trapp, 548 East Almond, feels safer trails are needed for all users. Bicycle trails have diminished over the years. Traffic is a real problem; trails should be explored as a viable alternative. Mara Brandman, 7319 Equitable Way, Orange Park Acres, was surprised at the negative response from Beazer. She said they were trying to protect their community and encouraged the bi-level crossings to remain on the Plan. 2 Planning Commission Minutes February 1, 1993 Mike Hairston, 6037 East Maybury, stated that recreation is an extremely important part of the health of the residents in Orange. The trails will be an asset to the health and welfare of not only children but also the older residents. Mark Sanford, 10591 Meads Avenue, Orange Park Acres, clarified there is a hub of four trails coming from the eastern Orange Park Acres area, the western portion of the new piece of property which is west of Crawford Canyon overlooking the portion of Orange, and it comes from the south along Orange Park Boulevard, and there is a trail on the map going directly from the 3 acre trail site directly north through the Beazer property, between the Beazer property and the current development of the D&D property. That will hit the riverbed to the north and then move into Santiago Oaks Regional Park. The major point is to focus on what they are doing. They are trying to plan for something in the future. The two pieces of property in question are undeveloped at this time. These two sites may be used to enhance the safety of the community in the future. Those speaking in opposition Dan Holden, Attorney, 300 South Harbor, Anaheim, represented the Diocese of Orange. They were not opposed to horses; the concern is the creation of the over crossings which will lead to property not currently being used as a horse trail. The horse trail is further south. It would not only impose the overcrossing problem, but it would impose a whole new trail segment on dedicated cemetery property. There are no plans at the present time for any kind of residential, commercial or other use. They are concerned with the disruption to funeral or church services by horses on the trail. The cost will escalate and they request it be omitted from the Master Plan of Trails. Commissioner Smith asked about future plans for the overcrossing? Had the Diocese been approached for access to the property? Mr. Murphy responded the Plan, as proposed, identified future horse trails to the east, across Santiago Canyon Road, from the existing horse trail that does exist on the west side of Santiago Canyon Road, which would be attached by that bridge structure. Staff met with both land owners six to nine months ago to explain the proposal to them. Staff encouraged both owners to discuss the proposals with the community and to gain an understanding/agreement with regard to the future trails and land development issues. Thomas Flynn, Director of the Catholic Cemetery, 2811 East Villa Real Drive, met with staff on one occasion. Perhaps he misunderstood but he thought it was an exploratory meeting and he did not realize it was being acted upon at this hearing. He did not meet with the Committee or with any members of the community. He has dedicated cemetery land in which he intends to use. He felt it would be an incompatible use. Commissioner Bosch was concerned about their continued quality of operations. He asked if the cemetery had any plans to put forth any shielding to screen their activities and protect them from the disruptive noise of the increased traffic along Santiago Canyon Road? Mr. Flynn said that would be a major impact on them. He has been working with City staff on the widening aspect of it. They are very sensitive to the problems they have out there. He knows they will have to address that at some point, but it's going to be a major expense. By building an overpass, it will create visual pollution. He felt there were too many open ended issues regarding the crossings to leave them in the Plan. 3 Planning Commission Minutes February 1, 1993 Commissioner Bosch explained by having this option in the Plan -- an option with ambiguity of time, funding, land impacts, etc. -- it does not insist that it be an overcrossing (it may be an undercrossing). There's no warranty of impact on the property or visual intrusion of the property. The City is trying to work with citizens and landowners to assist in making amicable decisions. Suzanne Sanders, Bettencourt & Associates, 110 Newport Center Drive, #150, Newport Beach, represented Hanson Properties and Beazer Developments West. They are not in opposition to the trails, but have a number of questions and concerns. They would like the crossings dropped from the Plan until further study was made. Their concerns are expressed in the letter received prior to the meeting. Because a finding was made that the Plan works effectively without the crossings, they don't see that it is essential to put them in at this point. The public hearing was closed. Commissioner Cathcart thanked the Elliott Group for a fine job. He also commended the Committee and staff. This is a Master Plan; you have to start with a Master Plan in looking at a project. It's unfortunate that there are properties which may be in conflict with merely the expansion of the road. Perhaps even the extra width of an equestrian trail done nicely at a different level, some grading operations and landscaping might even be an enhancement to the cemetery property. It's a valid opportunity to keep all options open. Nothing should be removed from the Plan at this time. Commissioner Bosch stated the specific Master Plan definition was correctly stated and he adhered to it fully. He sees the need to fully keep open the concept of whether overcrossings or undercrossings occur as an optional concept at any of the locations. When they get into specific planning it will require the negotiation and forbearance of the various private associations that are involved with the private property owners that may or may not be impacted upon precise designs. He agrees the specific plan, more than likely given the positive nature of all the people involved, will be a positive asset to the property owners as well as to the citizens. He personally feels there is redundancy in the Plan in proposing a rest stop at Loma and Taft and a staging area within a quarter mile of it at the creek and Taft Avenue, but it doesn't hurt to have it on the Master Plan so it can be discussed in the future. He supports this work; it's a fine job. Everyone should be concerned and worried about how they will be impacted and how it will be implemented in the future. That's the beauty of the system. There is an outline to work from, reach a consensus and find the best solution for everyone involved as implementation moves ahead to assure that this is the best thing for the City and each individual property owner. Commissioner Smith had concern over the trails leading to recreational activity around funeral services. She trusts that if the trails must continue to that side, it would be mitigated so that any trails would not be disruptive to the services in the cemetery. It's not a good mix of noise and activity at the time of a funeral. Mr. Murphy said staff could modify the language if necessary to identify an alternative if the Commission wishes to have that shown at those locations. The two locations are identified as separate -- one being an underpass and one as an overpass because of the physical constraints of the adjoining properties. That could be changed to allow for options. Staff and the community are in accord with the crossings. There is major concern for providing the bi-level crossings, but it was difficult to provide words in the 4 Planning Commission Minutes February 1, 1993 text to describe under what circumstances those bi-level crossings should occur from a funding standpoint. The Commission would like to see the wording as "options" with no pre-conceived ideas. The term "bi-level" crossings should be used as an option. Commissioner Smith said the recent rains caused a lot of damage and she wondered if an assessment had been made of the trail system? She also asked if the trails could be built in such a way to handle the water before it washes the trail away? Mr. Murphy did not think staff has had an opportunity to go out and check the trails. There is still water flowing into the Santiago Creek. Howard Morris, from Community Services, will be the trails coordinator. Part of his job will be to inspect the trails on some kind of a periodic basis. Construction of the trail is a funding issue, one in which the community and staff have discussed and will continue to talk about. Moved by Commissioner Cathcart, seconded by Commissioner Bosch, to approve Negative Declaration 1423-93 and find there is no substantial evidence that the project will have a significant effect on the environment or wildlife resources. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED Moved by Commissioner Cathcart, seconded by Commissioner Bosch, to recommend to the City Council to adopt General Plan Amendment 1-93, which modifies the Recreational Trails Master Plan as part of the Open Space and Conservation Element. Where appropriate, the verbiage be changed to "bi-level" crossing options throughout the Plan, and that the crossings include design features to mitigate potential impacts on adjacent properties. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED IN RE: MISCELLANEOUS ZONING ORDINANCE UPDATE Mr. Godlewski said a draft document of the Zoning Ordinance was handed to the Commission two weeks ago. After having time to review the document, the Commission is asked to set a future public hearing date or public review date. Commissioner Cathcart suggested a study session be held since new material was given to them and there was concern about some of the information. All Commissioners shared the same concern. An integrated zoning ordinance is needed; not a piece meal approach. The Old Towne segment also needs to be added. Moved by Commissioner Bosch, seconded by Commissioner Smith, to schedule a study session on February 22, 1993 at 5:30 p.m. to review the Zoning Ordinance Update. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED 5 Planning Commission Minutes IN RE: OTHER ITEMS February 1, 1993 Mr. Godlewski informed the Commissioners they were invited to see aready-mix batch plant in Pomona. It will be an upcoming item. If they would like to schedule a study session or be invited to this, please let him know. IN RE: ORAL PRESENTATIONS Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented on the public hearing. He didn't understand how a horse could make more noise than a 20 ton truck! IN RE: ADJOURNMENT Moved by Commissioner Bosch, seconded by Commissioner Cathcart, to adjourn to the next regularly scheduled meeting on Wednesday, February 17,. 1993. AYES: Commissioners Bosch, Cathcart, Murphy, Smith NOES: None MOTION CARRIED The meeting adjourned at 8:05 p.m. sld 6