HomeMy WebLinkAbout06-17-1991 PC MinutesPLANNING COMMISSION MINUTES
City of Orange June 17, 1991
Orange, California Monday - 7:00 p.m.
PRESENT: Commissioners Cathcart, Master, Murphy, Scott
ABSENT: Chairman Bosch
STAFF
PRESENT: Joan Wolff, Sr. Planner and Commission Secretary;
John Godlewski, Administrator of Current Planning;
Jack McGee, Director of Community Development;
Bob Herrick, Assistant City Attorney;
Bob VonSchimmelman, Assistant City Engineer; and
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
Vice-Chairman Scott chaired the meeting in Chairman Bosch's
absence.
IN RE: MINUTES OF JUNE 3, 1991
Moved by Commissioner Cathcart, seconded by Commissioner
Master, to approve the Minutes of June 3, 1991 as recorded.
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
IN RE: NEW HEARINGS
ZONE CHANGE 1136-91, CONDITIONAL USE PERMIT 1906-91,
NEGATIVE DECLARATION 1381-91 - DONALD J. HUNT AND DEAN
EVANS:
A request for a zone change to establish zoning
classifications of C-1 (Limited Commercial) and R-3
Residential, Multi-Family) on property located north of
Chapman Avenue, west of McPherson Road and east of the
residences facing Malena Drive. Also requested is a
conditional use permit to allow the construction and
operation of a self-storage mini-warehouse facility, and to
allow construction of a two story structure within 70 feet
of a single family district.
NOTE: Negative Declaration 1381-91 has been prepared to
assess the environmental impacts of this project.
A full staff report was presented by Ms. Wolff. The project
site is approximately 2 1/2 acres and it consists of former
railroad right-of-way. A portion of the property is
Planning Commission Minutes
June 17, 1991 - Page 2
R-1, R-3, R-2 and C-1. The application is to place a C-1
zoning on the unzoned southern portion of the site and a R-3
zoning on the unzoned northerly portion of the property.
The associated development project is the construction of a
self-storage facility. This type of development is
permitted in all zoning districts within the City subject to
issuance of a conditional use permit, except in the R-1,
R-2, 0-P and C-P zoning districts. This project includes
construction of three buildings: 2 one-story buildings and
1 two-story building and a total of approximately 70,000
square feet of storage space. Also, a 3,000 square foot
office and resident manager's unit is proposed. The storage
units are divided between those which have exterior access
through roll up doors and those with interior access, which
can be gotten to through a network of interior hallways.
The project site would be secured by fences and gates and
access would be via McPherson Road. Access onto Chapma n
Avenue would be restricted to emergency access only. This
type of use is one of low intensity and self-storage units
generally have little activity or traffic occurring on a
daily basis. The self-storage type of use might be
acceptable within the mixed-commercial/residential setting.
This particular property, however, is faced with a number of
unusual outside constraints. One of these constraints is
the long and narrow configuration of the property and the
presence of a gas and jet fuel pipeline easement, which
extend the entire length of the site from north to south.
No buildings can be constructed over the pipeline;
therefore, only interior driveways are allowed on top of
that pipeline easement. A part of the project site is
higher than the single family residences located immediately
west and the site cannot be lowered due to the coverage
required over the pipeline. The proximity and scale of the
proposed buildings and the intervening setback and
landscaped areas become significant issues in the
determination. Another issue is the southerly building on
the site will abut and actually wrap around a couple of feet
the existing office building- which is located east of the
project site. That is due to the existing office building's
encroachment onto the project site. It is possible the
proposed placement of the new storage building could create
a condition of non-compliance with the State building code
for that existing building. The fencing on the residential
properties to the west is not on the property line, but is
actually located two to three feet west of the property
boundary and it is on the residential lots. The City's
zoning ordinance does not allow the placement of a parallel
property division wall on the property line because of the
possibility of allowing trash and brush to accumulate
between the two walls. Therefore, the developer has
Planning Commission Minutes
June 17, 1991 - Page 3
proposed a wrought iron fence which is a see-through fence
to maintain visibility and access through to that area. The
proposal still does create an area between the two fences
where maintenance is more difficult.
Commissioner Scott asked how long the wall has been in
existence?
Ms. Wolff was not sure how old the housing tract was, but
thought the fence was constructed as part of the original
tract development.
Commissioner Scott asked the City Attorney if a wall has
been up for that length of time, does that not establish a
new property line as long as it has been maintained by the
property owners through the years?
Mr. Herrick responded it may result in that, but ordinarily
that is determined through the judicial branch. It depends
on the circumstances and facts surrounding the length of
time it was there and the knowledge of the two parties.
There would have to be a claim of right and that may not be
present.
The public hearing was opened.
Applicant
Bruce Jordan, 15375 Barranca Parkway, Irvine, represented
the applicant. They have been working the past several
months to address some concerns that have been brought to
their attention. They feel they have solutions to the
issues raised this evening. This is an old railroad
right-of-way. It is a rather difficult piece of property to
develop. The zoning and it's relationship to Chapma n,
suggest that other types of commercial uses would be
difficult to develop. They believe the self-storage will be
a viable use and be beneficial to the residents. The site
has a number of occurrences g oing on with storage of
industrial equipment, construction materials and debris.
Also, many trucks use McPherson to gain access to the Owl
Sand and Gravel area, which brings dust and noise. This
will be screened from the residential neighborhood by virtue
of the buildings as they will provide a buffer. They have
read the staff report and concur with the conditions, with
the exception of one: Condition 37. He prepared an
illustration and handed it to the Commissioners showing a
solution of enhancing the landscaping on the west side of
the project. Due to the restraints of the easements, they
don't have much area to place landscaping. They have
consulted with the Santa Fe Pipeline and per their division
Planning Commission Minutes
June 17, 1991 - Page 4
engineer, permission was given to put trees in the planters
in the areas indicated on the exhibit. They would like to
put no new wall in that location and be able to plant the
trees to allow additional landscaping for the area to become
vegetated. This would not create a double wall situation.
They will be providing a 24-hour on-site resident manager
and do not have a problem with policing the potential
problem areas due to debris. Once the buildings are built,
the debris will be significantly reduced. Their hours of
operation will be from 7:00 a.m. to 7:00 p.m.. After that,
the site will be secured. They will not be proposing any
light that will glare into the adjacent residences. The
Design Review Board had suggested that perhaps Building C
would be better located 10 feet from the property line. He
though t in their assessment of the situation, they
incorrectly interpreted a couple of areas: In their letter
of May 22 to staff, it states the height of the single story
structure when increased by the 30 inch parapet wall, as
required by U.B.C. and aggravated by the 4 to 6 foot grade
differential, would create an overbearing condition. The
retaining condition is not 4 to 6 feet. It's maximum is 3
feet. Per Section 1709 of the U.B.C., a parapet at that
location is not required due to the non-combustible roof
materials that will be provided. The applicant proposes a
one-story use with no openings so there would be no loss of
privacy. That area would be secured and would have access
by a gate. In that area, they propose to provide drought
tolerant landscaping with trees to buffer the back side of
Building C. The Design Review Board suggested that perhaps
enhanced treatment of that wall might be appropriate. The
best solution is to leave it quiet and simple, and put dense
landscaping as a barrier in there. He requested an
amendment to Condition 37 to read as 5 feet from the
property line, which is consistent with the R-3 zoning
requirements.
Commissioner Cathcart wanted clarification on the
applicant's exhibit regarding the continuous planter strip,
from the back of the wall to the inside of the curb -- is
that 3 feet?
Mr. Jordan responded affirmatively (it varies between 2 and
3 feet between the property line and wall) . He said when
they submitted the first site plan for review, they had
shown a number of parking spaces adjacent to that wall.
Staff did not want them to park recreational vehicles in
that area. It was staff's suggestion to put the triangular,
diamond shaped planters in there to prevent that from
happening. They would not be opposed to putting a straigh t
curb in that location to gain an additional 3 foot
landscaped strip.
Planning Commission Minutes
June 17, 1991 - Page 5
Commissioner Cathcart asked how they planned to irrigate
that landscaping?
Mr. Jordan said they would run a soaker hose down on their
side of the property line that would adequately irrigate
that area.
Commissioner Scott stated a normal tree well is 4 feet. It
would be difficult to put a tree in a 3 foot area.
Commissioner Master commented on the appropriateness of the
existing screen wall being used as a retainer wall. He
asked if the applicant's engineer has looked at that for
potential problems?
Mr. Jordan said the planter would be allowed to be graded
and they would reduce to some extent any retaining condition
that is there. He has been unable to verify if the design
of that wall was for a retaining condition or not. There is
earth against it. It's in the neighborhood of zero starting
at Chapman and progresses at the day labor office to about
30 inches in height. For a 6 foot wall constructed by
today's standards, that's not a problem to retain that
without having an engineered condition. They don't have a
problem fixing anything that is a substandard condition or
painting the wall.
Commissioner Cathcart asked what type of tree was proposed
for that area?
Mr. Jordan said there would be 5 to 6 feet of open area.
The property line is in the center of that area. They would
be able to put the tree to the rear. One that comes to mind
is a Silver Dollar Eucalyptus. However, they were open to
suggestions from staff.
Those speaking in opposition
Michael Franco, 215 North Malena Drive, presented several
concerns on behalf of his neighbors. They revolve around
the dead space that would be created adjacent to the site
and on the height of the grade differing with the existing
grade on the residents' side of the wall. The existing wall
is not reinforced; it's not made to be a retaining wall.
The road adjacent to the residential properties would be at
a higher level; even reducing it slightly to reduce some of
the pressure against the wall would leave a grade
substantially higher. This will create an invasion of the
residents' privacy. It's his understanding the pipe line
was put in 5 years after the tract was built. The dirt
coverage was required because of the pipe line. He asked
about the 5 foot setback and wall?
Planning Commission Minutes
June 17, 1991 - Page 6
Ms. Wolff responded building setbacks for residential
properties are 10 feet for a single story addition to the
house. If the City requires this development to landscape
that portion of the residential property, it may become a
legal issue.
John Allen, 2932/2936 Pearl Drive, was opposed to the hours
of operation. He understands condominiums are proposed to
be built on the corner. When driving into the area a person
will see 600 feet of building with no landscaping. It will
look terrible.
Niall Elliott, 8011 Driftwood Drive, Huntington Beach,
general partner for the office building on the northwest
corner of McPherson and Chapman. His objection is that the
site plan shows the railroad as being 60 feet wide. It's
his contention it is only 50 feet wide. Their property is
77 feet wide, per the plans. He is in a dispute with the
railroad over 10 feet of his property. He wanted to know if
the applicant had a grant deed from the railroad company or
a title policy showing property to be 60 feet wide.
Commissioner Cathcart asked Mr. Herrick if he knew of
pending litigation? (No, not that involves the City.)
Vicky Nouse, 261 North Malena, has noted a gradual increase
in the level of the land behind the fence. The wall is not
designed for this. Also, 3 feet of that property is on
their property line. Perhaps they should plan a little more
carefully; it was a little vague and should be studied more.
Jean Franco, 215 North Malena, was informed that the
developer would be required to have a 6 foot wall on his
side of the property. It would mean an 8 foot wall on their
side to ensure privacy. There is a safety issue now.
Anyone could hop the fence and break into someone's home.
They would like to have the current wall removed and put up
a new block wall in on the property line with the
appropriate grading and reinforcements. Most of trees seen
in the pictures are in her backyard and they will be
removing them soon because they are overgrown.
Rebuttal
Mr. Jordan said the only reason they did not propose a new
wall was because it was pointed out to them that it would
create a violation of the City ordinance to have two walls.
They are not opposed to putting a new wall on the property
line and design it to accommodate whatever retaining
condition is necessary. They would be prepared to put in a
new wall and have the homeowners remove the old wall. This
Planning Commission Minutes
June 17, 1991 - Page 7
project will enhance security and not create a worse
situation. They have spent several months with the railroad
and title insurance company. An ALTA survey has been issued
that indicates that the property width is 60 feet wide. A
title company is prepared to issue title insurance ensuring
that 60 foot width. If it does not borne out, they will not
take it upon themselves to build over someone else's
property line. They only want to build on their property.
They are more than willing to work with the City to design
that wall. If the Commission wishes for them to enhance the
treatment of building walls, they will do that.
Commissioner Murphy asked if the use for this facility would
be for storage only?
Mr. Jordan replied in the affirmative.
Commissioner Scott asked if the applicant were aware of
condition #5 which indicates a maximum 6 foot wall to be
built and it should say on the high grade side. (Yes.
The public hearing was closed.
Commissioner Cathcart was concerned that staff believed the
best solution is for the developer to take down the existing
wall and build a new 6 foot wall. However, the developer
has stated an unwillingness to pursue this alternative. Mr.
Jordan has indicated he's not opposed to building a new
wall, but was unsure that all the homeowners would like
that. He would like to add a condition whereby the
applicant gains the ~ approval of the homeowners, remove the
existing wall and build a new wall from his side of the
property line. There is a grading problem and it's growing.
In that landscaped area, there is to be a French drain, a
gravel perforated pipe, if it becomes a parallel planter. He
was concerned about draining water across there into the
residences. The developer is creating a canvas for
graffiti. He would like to see whatever parts of the
structure that are visible, not hidden, that an
architectural treatment be done to inhibit graffiti.
Commissioner Murphy said with the input of pending
litigation, must the City wait for pending findings?
Mr. Herrick said the City would not be obligated to wait for
the outcome of the litigation. The City is entitled to rely
on public documents of public record to the extent that they
clarify what can be conditioned. It would be prudent to
require that the signed title insurance policy be presented
to the satisfaction of the Public Works Department. It
would also be appropriate to add a condition that would void
the C.U.P. in the event that title is not properly
established.
Planning Commission Minutes
June 17, 1991 - Page 8
Commissioner Master said a condition stating the hours of operation
from 7:00 a.m. to 7:00 p.m. should be added.
Commissioner Scott brought up the issue regarding the property line
setback in condition 37. The Commission decided to leave the
condition as written.
Moved by Commissioner Cathcart, seconded by Commissioner Master, to
recommend to the City Council to accept the findings of the Environ-
mental Review Board to file Negative Declaration 1381-91 as the project
will not have a significant adverse impact on the environment or
wildlife resources.
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
Moved by Commissioner Cathcart, seconded by Commissioner Master, to
recommend to the City Council to approve Zone Change 1136-91 and
Conditional Use Permit 1906-91 with the conditions listed in the
staff report and adding the following conditions:
40. That the applicant shall obtain approval from property owners to
remove the existing block wall on the residential parcels along
the site's western property line and shall construct a block
wall on the property line, 6' in height as measured from the
high side.
41. Building faces visible from McPherson Road shall be designed to
discourage graffiti and shall have an architectural treatment
which includes the use of anti-graffiti paint.
42. That prior to issuance of building permits, the applicant shall
submit to planning staff a title report confirming the site
size is as presented to the Planning Commission. If the title
report cannot confirm the parcel size, this Conditional Use
Permit shall become null and void.
43. The self-storage facility may be open to the public from 7:00 a.m.
to 7:00 p.m, only.
44. The site plan shall be revised to delete the triangular tree
wells and to instead incorporate a continuous 3' wide landscaping
planter (excluding curbs and walls) along the western property
line between Chapman Avenue and Building "C" adjacent to the
residential parcels. A french drain or other means shall be
provided to eliminate adverse drainage impacts onto neighboring
residential properties.
AYES: Commissioners
NOES: None
ABSENT: Chairman Bosch
IPd RE: NEW HEARINGS
Cathcart, Master, Murphy, Scott
MOTION CARRIED
CONDITIONAL USE PERMIT 1909-91 - CALVARY CHAPEL OF ORANGE:
A request to allow the operation of a church in an industrial district
within an existing multi-tenant industrial complex, and to allow the
joint use of the existing industrial complex parking facility. This
project is located at 1525 Orangegrove Avenue, Suite A.
Planning Commission Minutes
June 17, 1991 - Page 9
NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15301.
A full staff report was not presented and the public hearing
was opened.
Applicant
Dave Daniel, 469 S. Greengrove Drive, represented Calvary
Chapel of Orange. They are seeking a C.U.P. to have a more
permanent facility for their church. Church services are
held at 9:30 a.m. Sunday, 6:00 p.m. Sunday, and the
operating hours of the industrial park are from 7:00 a.m. to
6:00 p.m. Monday through Friday. Week night services are
held at 7:00 p.m. The square footage of the building is
6, 0 00 square f eet. There a re 116 marked parking s talls
available. Also, an additional 66 spaces across the street,
which they have permission to use. Curb parking is also
available. Approximately 70 adults and 70 children attend
this church.
Commissioner Murphy drove by the site was concerned about
the required parking. Will the fencing be taken down to
utilize the parking behind Building 2?
Steven Spangler, 2138 Aster Place,
Trico Realty, the owners of the
questions regarding required parki
property at 1521-1539 Orangewood,
the church to use. A conflict of
for other tenants.
Costa Mesa, represented
complex. He answered
ng. They also own the
which they are allowing
interest does not exist
Ms. Wolff clarified that the count for the 116 spaces fall
between that dual row of parking behind Building 2. The
property line is drawn incorrectly on the map; it's to the
west. One row of parking would be counted.
Commissioner Murphy thought the area should be cleaned up
because of the inability to park on that side of the
building.
Commissioner Scott reiterated if the 116 spaces are not
available, then the permit will not be issued. He asked the
applicant if he were aware of condition 2 -- TSIP fees of
7,200? (Yes.) Those fees were required to be paid prior to
occupancy of the building.
The public hearing was closed.
Planning Commission Minutes
June 17, 1991 - Page 10
Moved by Commissioner Murphy, seconded by Commissioner
Master, to approve Conditional Use Permit 1909-91 with the
conditions as noted, including the change to condition 2 to
mention prior to occupancy, payment of TSIP fees shall be
required.
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1911-91 - SOUTHEAST COUNCIL OF
ALCOHOLISM AND DRUG PROBLEMS, INC.:
A request to allow the establishment of a residential
alcohol and drug rehabilitation facility, within an existing
building currently used as a professional office. Property
is located at 307 East Chapman Avenue.
NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality
Act (CEQA) per State CEQA Guidelines, Section 15301.
Ms. Wolff presented the staff report. This application is
for the property located across the street from City Hall
and commonly known as the Royer Mansion. It is located in
Old Towne in the C-1 District on Chapman Avenue. The
proposal is to establish a residential treatment facility
for alcohol and drug rehabilitation. The program is
targeted to serve women with children. The facility would
provide training and counseling and is not a medical
treatment facility. This type of facility would be licensed
by the State Department of Social Services and the applicant
indicates funding will be provided by the County of Orange
Health Care Agency. The proposal includes a total of 34
participants, which can be housed in the facility. This
includes women with their children under the age of 8. Each
woman is allowed up to two children. Four to six staff
members will be present to supervise the daytime program and
one staff person will be present during the night time
hours, although there will not be a resident staff person on
site. School aged children at the facility will attend
local schools. The property currently provides 17 parking
stalls and the traffic impact of the proposed use is similar
to that of the existing office use. Only minor interior
alterations are proposed. The changes have been evaluated
by the City's Historic Preservation Planner and are not
anticipated to impact the building's historical
significance.
Planning Commission Minutes
June 17, 1991 - Page 11
Commissioner Scott stated for the record the Commission
received a letter from Mr. Boice, President of Old Towne
Preservation Association, who indicated they were not for
nor against this project.
The public hearing was opened.
Applicant
Lynne Appel, 5187 Cumberland Drive, Cypress, Director of the
Southeast Council of Alcoholism and Drug Problems, a
non-profit corporation, which is the largest facility of the
National Council on alcoholism and related dependents in the
United States. They have read the staff report and are
willing and able to concur with all of the conditions and
recommendations. The Southeast Council has been operating
licensed programs for over 20 years in the State of
California. They are fully conversant with fire and safety
codes, special problems regarding children and mothers and
are prepared to implement a program of the highest quality
to the integrity of the environment around them.
The following people spoke in favor and supported this
project:
Vince Faragamo, 6715 Horseshoe Drive, Orange.
William Edelman, County of Orange Drug Program, 405 West 5th
Street, Santa Ana.
Ronald LaPorte, County Alcohol Programs, 1200 North Main
X830, Santa Ana.
Tom Wadkins, member of the Orange County Drug Advisory
Board, 874 Town & Country, Orange.
Jacqui Cody, 12029 Dolan Avenue, Downey.
Debbie Bu stama nte, 757 Loma Vista Drive, Long Beach.
Bud McDonald, Chairman of the Board and co-founder of the
Southeast Council on Alcoholism and Drug Problems, 9415
Brook Park Road, Downey.
Patricia Famous, 133 North Grand, Orange.
Jillianne Palapino, 757 Loma Vista Drive, Long Beach.
Ed Chaveye, 1992 Williams Lane, Huntington Beach.
Alice Clark, 205 North Pine Street, Orange.
Peggy Montapoly, 700 West LaVeta, Orange.
Judith Youstead, Executive Director of Woodglen Recovery
Junction, 2514 West Orangethorpe, Fullerton.
Doris Lemagna, Administrator of the Villa in Santa Ana.
Nancy Walker, 8205 7th Avenue, Downey.
Nancy Harless, 411 North Hacienda Drive, La Habra.
Larry Bonam, 332 South Olive, Orange.
Planning Commission Minutes
June 17, 1991 - Page 12
Those speaking in opposition:
William Warne, 400 East Chapman Avenue, Orange.
Al Rickey, 4000 East DelValle, Orange.
John Aust, 307 East Chapman, Orange.
Brenda Gess, 168 North Center, Orange.
Donald St.Jean, 212 South Grand Street, Orange.
Barbara Gail Hewitt, 143 North Grand, Orange.
Dan Slater, 278 North Pine, Orange.
Bill Coukoulis, 404-B West Tularosa Avenue, Orange.
Jennifer Kushner, 307 East Chapman Avenue, Orange.
Greg Lewin, 127 North Grand Street, Orange.
They were not opposed
but the issue is that
type of use. The area
and the Royer Mansion
children and parking
businesses out of the
business people. They
of the downtown area.
children; the stairs
located in the basement
to the need for this type of Program,
the location is not the best for this
is designed to be Office-Professional
is an office now. A play area for
are also concerns. By moving
downtown area, it will not help the
do not want to see the deterioration
The building is not safe for
and windows are unsafe. The spa
should be removed.
Rebuttal
Robert Klotz, Pillsbury, Madison & Sutro, 650 Town Center
Drive, Costa Mesa, said the State of California has declared
a policy for every city to encourage and permit a siting of
an adequate number of alcohol and drug treatment centers. He
feels this is an appropriate location and it meets the needs
of the program and requirements of the City.
Commissioner Master responded the State does not exempt the
City from safety and health code requirements, and safety is
one concern of this project. The State may favor such
developments, bu t questions may arise that deal with safety
and code concerns that must be addressed by the City.
Ms. Appel said they have been fortunate to never have had or
been cited for an accident due to negligence or not abiding
by the proper codes. They are certified and licensed by the
State of California and examined on a yearly basis. The
County will be visiting them often. They cannot relax their
standards of safety and quality of care of their residents.
The Commission asked if there were other locations in
mixed-use zones? Ms. Appel responded affirmatively and
would provide a list of these places.
Planning Commission Minutes
June 17, 1991 - Page 13
CORRECTED PAGE
In response to the issues raised, Care Manor was considered;
however, it's on the market for over 4 million dollars. Over-
crowding is a concern; would they consider a change to a smaller
number of beds? The space that will be utilized will be all
buildings plus the basement. The number of beds they are allowed
to put in that building and be licensed would have to be deemed
to be acceptable for the number of square feet for the site.
They feel the building can accommodate 34 people considering there
will be no more than 15 adults at any one time (the rest are
minor children). The mothers will not have personal vehicles
while in residence. Staff and designated visitors would have
vehicles, and the Southeast Council has a van to transport residents
to various activities. They did not have a problem with obtaining
parking permits for the designated visitors. Residents do not
bring pets with them and they do not object to a condition
restricting pets from the shelter. Outdoor recreation was also
a concern. There are plans to use local parks, the Y.W.C.A.
and to enclose part of the yard for a small play yard.
The public hearing was closed.
Commissioner Cathcart would like to add more conditions if the
C.U.P. were approved: a 6-month or 1 year monitoring period,
trash enclosure be redirected, no pets be allowed in the facility.
He suggested a continuance for the staff and applicant to work
out the concerns voiced earlier.
Commissioner Murphy requested specific conditions be added: (1)
That the plan for outdoor play and recreation areas be submitted
to staff for final review; (2) An access security system be
administered and implemented in the spa area of the basement
to ensure and secure the safety of the children involved at the
facility; and (3) Security for access, entrance and exit from
windows on the second story. Currently, there is an ability
to slide the window open and no particular protection against
moving outdoors.
Commissioner Master would like to know what measures would be
taken for security issues.
Commissioner Scott said the State's requirements are usually
greater than the City's as far as security measures.
The Commission asked for the applicant's concurrence regarding
a 30 day continuance. Because of contractual obligations to
the State, it would not be possible for a continuance. They
must file and start their program within 90 days and it is al-
ready 45 days.
Planning Commission Minutes
June 17, 1991 - Page 14
CORRECTED PAGE
Moved by Commissioner Master, seconded by Commissioner Scott,
to approve Conditional Use Permit 1911-91 with the conditions
so noted, requiring the applicant to work with staff regarding
a revised site plan to address the outdoor child play area --
plan to be submitted to staff for final review; the question of
34 beds (whether it's appropriate to the State for the area
provided in the building), security measures for the spa,
second floor access security, as well as general security on
site. Specifically, an access security system be administered and
implemented in the spa area of the basement to ensure and secure
the safety of the children involved at the facility; and security
for access, entrance and exit from windows on the second story.
Additionally, other conditions include limiting number of
residents to the State's minimum requirements, not to exceed 34;
no pets allowed; one year review process via a public hearing and
report by the applicant; and trash enclosure. Condition 2 shall
be amended -- the driveway at Chapman shall be posted for entrance
only; then delete the driveway on Grand shall be posted for
exit only (because Grand could function both as ingress/egress).
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1913-91 - SOCIAL MODEL RECOVERY SYSTEMS,
INC.
A request to allow an adolescent residential alcohol treatment
facility in the R-3 (Residential Multiple Family) zone. Property
is located at 525 North Parker Street.
NOTE: This project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per
State CEQA Guidelines, Section 15301.
A full staff report was presented by Ms. Wolff. The location
of this property is on Parker Street in the short dead end
street, north of Walnut. The parcel is 1700 square feet. It
contains an existing residence and also a 5,000 square foot
industrial warehouse building located to the rear. The property
is located in the R-3 zone. The proposed facility is a 24 bed
facility for teens, 12 to 17 years old. It's a residential
alcohol treatment facility. Staffing is provided by three
persons during the day and two people at night. The program is
highly structured and supervised and it includes counseling,
rehabilitation and an academic program for the youth. It's not a
medical program. It's a 24 week program and it's to be funded
through. the Orange County Health Care Agency and licensed by the
State Department of Social Services. The use of the existing
building will be changed, but only minor modifications are
proposed, including handicap access to the buildings and
Planning Commission Minutes
June 17, 1991 - Page 15
modifications to the warehouse building to eliminate the
windows that are out toward the perimeter of the property.
Seven parking spaces are provided for staff and visitors.
Program participants are not allowed to have cars.
The public hearing was opened.
Applicant
Bud Hayes, 4267 Lasalle Avenue, Culver City, passed out a
written copy that summarized his presentation. They are
funded by the Orange County Board of Supervisors and are
under the same time constraints as the previous applicant.
If they don't complete their project on time, they must give
the money back to the State. The purpose of the program is
to alleviate a significant gap in treatment in Orange County
for adolescents. There is no service of this type in Orange
County at this time. The primary group of people they are
here to serve are young people between the ages of 12 and 17
whose parents/families do not have either insurance or
benefits to pay for expensive treatment or the cash to pay
for it themselves. The site selection was a long and
difficult process for them. They spent eight months in
coming to a decision about the site. They contacted all the
neighbors within a 300 foot radius, as well as the property
owners in the condominium complex across the street to
explain what they were going to do. They invited everyone
to an open house held last Monday night. He presented
statistics about young people who drink and explained the
program's goals. They have read the staff report and found
it to be favorable. Only two concerns were expressed by the
neighbors to him directly. One was property values and the
second was the concern that the kids would be criminal-type
individuals. The program does not target youths who are
involved in the juvenile court system. They will be
screening all applicants for violence or any other types of
behavioral problems. They have already filed for a license
with the State of California. There will not be a 24
passenger van utilized at all. There will be two 12
passenger vans and one will be based on site. The other
will be used by the program director. There is no need for
a short term curb side drop off activity of any type. The
project does demonstrate that it's a sound use of the land;
it's an allowable use and it's proposed in response to a
need for services in the community. He requested an
exemption from condition 13 - TSIP fees.
Ms. Wolff believed the traffic engineer said prior to the
meeting there would not be TSIP fees for this project.
Commissioner Cathcart was concerned about the noise problem
in the rear court yard.
Planning Commission Minutes
June 17, 1991 - Page 16
Mr. Hayes was aware some neighbors were concerned about the
loud rock and roll music. A block wall was discussed. One
of the house rules they have is that young people are not
allowed to bring personal or portable stereos into the
program. They will allow walkmans to be used during
personal time when appropriate.
Laurie Fr iedman, architect, 125 Palisades Avenue #104, Santa
Monica, participated in the site search for this project.
They looked at a number of sites and this site seemed the
most ideal. The aesthetic issue was addressed. Exterior
alterations will entail one hour fire walls. The living
space will be focused inward. They are not adding extra
square footage. This project will be a real asset to the
neighborhood. They will be adding windows toward the back
of the court yard because ventilation is needed for the
bedrooms. The building will be fully sprinklered and
upgraded to code.
Those speaking in favor of this project
Mary Pritchett, 3302 Quail Run, Los Alamitos.
Beverley Gillett, 2202 E. Denise Avenue, Orange.
Ronald LaPorte, County Alcohol Programs, 1200 N. Main #830,
Santa Ana.
Craig Taufer, 300 Cagney Lane, New port Beach.
Michele Scott, 2943 Rounsevel Terrance, Laguna Beach.
Jody Mathews, 4900 East Chapman, Orange.
Those speaking in opposition
Paul Flowers, owns the two properties at 533 and 541 North
Parker, addressed the future development of the area and
what he thought was the highest and best use. He thinks the
programs are necessary, but there are problems with these
types of facilities. How will this affect the people living
next door? He said the reason the owner cannot sell this
piece of property and is leasing it, is because it is a
bodge podge. It's not a "beautiful" piece of property. The
highest and best use of the property is for apartments and
condominiums. It's not functional now and should be torn
down and rebuilt.
Rebuttal
Mr. Hayes said the property does need a lot of work and it
is a beautiful property; it has a wonderful feel. In
addition, the County of Orange has guaranteed the funds to
go through and carry out and complete the plans as
submitted. The property will be more beautiful when
completed. The owners prefer not to sell their property,
Planning Commission Minutes
June 17, 1991 - Page 17
but would rather see the property used by a group that will
help people. He spoke to neighbors who could not be at the
public hearing: Dorthea Sayer, 625 Walnut; JoAnna Roscoe,
611 Walnut; Jennifer Sweeney, 700 Walnut and they supported
this project. This is an allowable use and he takes issue
regarding the highest and best use of the property. They
are adding parking spaces and will have strictly controlled
noise standards. The neighborhood will not suffer
deterioration because of their program.
The public hearing was closed.
Commissioner Cathcart said since the property is zoned R-3,
the owner could put 8-10 living units there which would
generate a considerable amount of traffic. He doesn't think
the traffic issue is valid. Seven off-street parking spaces
doesn't seem to be out of line for that size of property.
The applicant is going to have to bring the building up to
code because of State requirements.
Moved by Commissioner Cathcart, seconded by Commissioner
Murphy to approve Conditional Use Permit 1913-91.
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
Ms. Wolff explained the 15-day appeal period to those in the
audience.
IN RE: OTHER ITEMS
Commissioner Murphy suggested a "Guidelines for Presenting
to the Planning Commission" as being a helpful tool for the
public to follow. This could be in the form of a one-page
summary and be made available to the public at large so that
they could understand the public hearing process. He
requested staff to prepare a draft of these guidelines for
the Commission's review.
IN RE: ADJOURNMENT
Moved by Commissioner Murphy, seconded by Commissioner
Scott, to adjourn to the next regularly scheduled Planning
Commission Meeting on July 1, 1991.
AYES: Commissioners Cathcart, Master, Murphy, Scott
NOES: None
ABSENT: Chairman Bosch MOTION CARRIED
The meeting adjourned at 11:00 p.m.
sl d