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HomeMy WebLinkAbout02-22-1995 PC Minutesc. a~ MIN TE ~ a Planning Commission February 22, 1995 City of Orange Monday - 6:30 p.m.PRESENT: Commissioners Bosch, Cathcart, Pruett, Smith, Walters ABSENT: None STAFF PRESENT: Jack McGee, Community Development Director Vem Jones, Manager of Current Planning -Commission Secretary John Godlewski, Manager of Community Enhancement Dennis Krejci, Building Official Joan Wolff, Senior Project Planner PLEDGE OF ALLEGIANCE IN RE: MINUTES OF FEBRUARY 6. 1995 Moved by Commissioner Cathcart, seconded by Commissioner Smith to approve the minutes of the February 6, 1995 Planning Commission meeting.AYES: Commissioners Bosch, Cathcart, Pruett, Smith, Walters NOES: None ABSTAIN: None IN RE: MISCELLANEOUS NATURAL COMMUNITY CONSERVATION PLAN Tim Neely, Administrator of Planning and Zoning with the County of Orange, gave a presentation and overview regarding the Natural Community Conservation Plan NCCP), as an outgrowth of the Federal Endangered Species Act and the listing of the gnat catcher as a threatened species. The County is the Lead Agency and is joined by a number of cities (including City of Orange) in preparing a plan to establish habitat reserve areas. The plan is being formulated to address the mechanisms for acquiring and maintaining reserve areas, to protect the habitat of not only the gnat catcher, but also the cactus wren, orange throated lizard, and other species which may ultimately be listed as threatened or endangered.The Plan is still in the preparation stage, and has not yet been circulated for general public review, although participating agencies have been asked for their review and input. He identified those areas in the plan curently identified as "reserve" and "special linkages". Special linkages are areas in which there will be some limitations on active use or development, in order to allow for nesting activities- and later dispersal of nestlings to larger open space areas. Planning Commission Minutes February 22, 1995 Mr. Neely noted that the County will not intervene in the land use decisions of local jurisdictions, and that where cities have approved projects in areas shown in reserve, it will be up to the individual agencies to negotiate new entitlements. He noted that the Federal Endangered Species Act preempts any previously granted entitlements. Mr. Neely described the process that the NCCP must go through prior to adoption. He anticipates that the EIR will be circulated for a period of 60 days beginning in May of 1995. Participating cities will be contacted at that time. Approval process includes the County Planning Commission, County Board of Supervisors, State Fish and Game and US Fish and Wildlife Service. Once the plan is approved, cities will be able to commit to participation in the plan. Mr. Neely's opinion was that cities required the certainty of knowing exactly what is acceptable/approvable prior to adopting the plan locally, rather than making a commitment to the plan prior to acceptance by the state and federal authorities. REVIEW OF CITY'S PROPERTY MAINTENANCE ORDINANCES Jack McGee gave an introduction, addressing the organization and responsibilities of the Community Development Department. He outlined the tasks accomplished in 1994, to illustrate the range of activities which occur in the Department. He identified the Community Enhancement Division as having primary responsibility for enforcement of the property maintenance ordinance, and noted that the Building Division had been researching ways to limit the period of time in which a building permit remains valid. John Godlewski gave an overview of the Community Enhancement Division, and its primary responsibilities of code enforcement and housing, and including a task force section. He discussed the linking of funding sources primarily through the housing division, to some of the problems the city encounters through its code enforcement activities. For code enforcement purposes, the city has been divided into three areas whose boundaries coincide with the boundaries used by the City's Police Department. One code enforcement officer is assigned to each area, for better coordination with the Police Department. Mr. Godlewski also noted that a Board of Appeals has been discussed to deal with code enforcement issues. NUTS AND BOLTS REVIEW OF CURRENT PLANNING PRACTICES AND PROCESSES Vern Jones introduced this topic. He identified a mission statement for the division, and provided an organizational chart outlining its primary responsibilities: public information, permit assistance, interdepartmental coordination, and staff to ERB, DRB, Zoning Administrator, Planning Commission and City Council. He provided the Commission with a survey of several other Cities comparing their fees and time frames for development review with those of Orange. Orange's fees were comparable to those in other jurisdictions, and the application processing time is the shortest in most cases. He discussed the planning process as it moves from the general to the specific, addressing policy and implementation. He further identified the documents used on a regular basis, regarding policy, regulations, and resources. 2 Planning Commission Minutes February 22, 1995 Joan Wolff outlined the approval process for typical projects requiring Planning Commission and City Council review and approval. She also discussed the follow up activity occurring during the project implementation phase. One topic of significant concern to the Planning Commission was the adequacy of the City's noticing procedures. Corrine Schreck, Carole Walters and Barbara De Niro each spoke about noticing concerns. The Commission discussed at length possible ways to improve noticing, and requested that staff look into alternative ways of generating mailing lists. There have been some problems experienced with the current system where an applicant is required to have a title company supply a mailing list. LEGISLATIVE UPDATE Vern Jones introduced the topic of new legislation adopted by the State in 1994, and identified those bills which are of interest and/or affect Current Planning functions. He briefly discussed AB 133, regarding exemption of religious organizations from historical landmark preservation conditions. The applicability of AB 133 to general law cities was uncertain. Mr. Jones indicated he would check with the City Attorney's office and report back to the Commission. Mr. Jones noted that there were two bills adopted addressing California Environmental Quality Act (CEQA) reform, which Joan Wolff then described. AB 314 and SB 749 were both refinements, rather than broad changes. Some of the changes are technical in nature and address several technical aspects of contract execution, litigation, content of the record. Other provisions which the Planning Commission may encounter in future CEQA reviews include an expansion of usage of Master EIR's, broadened findings for overriding considerations, requirements that mitigation measures are fully enforceable, policy direction regarding focusing of EIR's on significant impacts, clarification that a "project" is an activity that causes direct physical change to the environment, and addition of a categorical exemption for limited construction of affordable housing. She also discussed changes to the CEQA Guidelines. Mr. Jones then identified AB 2742 and 2897, legislation adopted to strengthen previous policy regarding retail alcoholic beverage licenses, with regard to over- concentration and crime rate. He also discussed the fact that the City of Orange is subject to a moratorium of issuance of new licenses for off-sale beer and wine outlets. This will primarily affect gas stations that may wish to add mini-markets with alcoholic beverage sales. Transfer of licenses will not be affected.Ms. Wolff discussed AB 3198, regarding parking requirements and size restrictions for accessory units. City staff is reviewing this bill to determine whether an ordinance amendment will be required. IN RE: ADJOURNMENT The meeting was adjourned at9: 30 p.