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HomeMy WebLinkAbout08-05-1991 PC MinutesPLANNING COMMISSION MINUTf;:S August 5, 1991 Monday - 7:00 p.m.City of Orange Orange, California PRESENT: ABSENT: STAFF PRESENT: IN RE:IN RE:Commissioners Bosch, Cathcart, Master, Murphy, Scott None 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 MINUTES OF JULY 15, 1991 Moved by Commissioner Master, seconded by Commissioner Scott, to approve the Minutes of July 15, 1991 as recorded.AYES: NOES: Commissioners Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED CONTINUED HEARINGS TENTATIVE PARCEL MAP 90-346 - NAGUI MANKARUSE A request to allow two condominiums.Sou th Foley Place.the conversion of a duplex apartment into Subject property is addressed 256-258 NOTE:This project provisions of Act (CEQA) per is the State categorically exempt from the California Environmental Quality CEQA Guidelines, Section 15301. This item has been continued from the July 15, 1991 Planning Commission Meeting. A staff report was not presented and the public hearing was opened. Applicant Nagui Mankaruse, 4051 Ondine Circle, Huntington Beach, wrote a memo to the Planning Commission addressing the concerns of the Commission at the previous hearing regarding the repair and maintenance of the building. It has no common area except the common wall in between. He provided photos to show what the building looks like. He also sketched a plan showing a two-car garage and driveway in front of each Planning Commission Minutes August 5, 1991 - Page 2 the common wall and then the fence. Repairs should be a common interest of both owners. Off-street parking concerns were also raised, but he does not feel that will change as the conversion will still have homeowners in a residential use. There are two types of insurance available: fire insurance and homeowners insurance. It should not change the insurance requirement for the building. He stated he's complying with all requirements and the CC&R's will be drafted upon approval. Commissioner Murphy addressed the .common area. issue. He believes the roof is common to the two structures. Mr. Mankaruse said only the seam under the wall is common. If a leak occurs, the roof can be repaired separately. Commissioner Cathcart asked who owns the tree in the middle of the property (between the two garages)? Mr. Mankaruse admitted the tree is common. He pointed out it is the owner's responsibility to make their own repairs. The public hearing was closed. Chairman Bosch had a couple of concerns. There's a lot of ambiguity in the area of condominium conversions. He feels they would end up with two 3,000 square foot lots. This might set a precedent for all of Old Towne. He's certain other applicants would request lot splits throughout Old Towne as a result of this. Commissioner Cathcart felt it was the Commission's task to not increase problems within the City, but help solve them. This case presents not only the problem of splitting the R-2-6 zone into 3,000 square foot lots, but a problem if two people disagree, how do you come to a consensus? The roof is seen as a major problem, as well as electrical, the cooling system and even the tree. There is a problem with an association of two people.Commissioner Scott said when you divide a 6,000 square foot lot into two 3,000 square foot homes, it's difficult to get along with neighbors when problems occur. This would circumvent the City' s zoning.Commissioner be too many request. Master also problems in had concerns and felt there would the future with this type of Chairman set up Bosch to be said the key point is that this building was a duplex type of ownership. It's Planning Commission Minutes August 5, 1991 - Page 3 type of housing for the small investor or for someone to buy and occupy one unit while renting the other one out. It's still an important type of housing stock that needs to be maintained. Moved by Chairman Bosch, seconded by Commissioner Murphy, to recommend to the City Council to deny Tentative Parcel Map 90- 346 for the reasons that the conversion to a condominium with individual ownership of the dwelling units would set a precedent that could be applied throughout the City of Orange, and in particular, the Old Towne area, causing a reduction in the size of parcels in the defacto single family zones. Also, that it would potentially reduce the provision of a singular type of housing in the City of Orange: to wit, the duplex for small investment or ownership and rental. There is great question that an effective homeowners' association could be maintained with two owners, given the disputes that may invariably arise. AYES: NOES: Commissioners Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED Ms. Wolff explained this item will be heard by the City Council. The Commission's action is a recommendation and it will be forwarded to the Council for a final decision. IN RE:MISCELLANEOUS MITIGATION MONITORING PROGRAM - CITY OF ORANGE:A proposed monitoring program to verify implementation of mitigation measures associated with Mitigated Negative Declarations and Environmental Impact Reports, in accordance with the California Environmental Quality Act.Vern Jones, Community Planning Manager, presented the draft Mitigation Monitoring Program. Staff has been working on this over the last six months. It's an important document that will enable staff to more effectively carry out its charge of applying and enforcing the California Environmental Quality Act. A couple of study sessions have been held to review the document. The document does incorporate comments received from both study sessions. Two letters were received from the Irvine Company, which are included in the Commission's packets. Staff did respond to those letters. They also received another letter of request from the Irvine Company on Friday. Staff has met with the Irvine Company to review their letter of request. He stated they have met and agreed upon a couple of modifications to the document, which will make it more effective. Those modifications are as follows: Planning Commission Minutes August 5, 1991 - Page 4 Page 3 Definition of Project -- add subsection (b).Project refers to that action documented in the project description of the final E.I.R. or mitigated Negative Declaration, establishing the mitigationmeasurebeingmonitored."This references a project for which a mitigation measure is a part of that action.Page II Very last sentence of page of last paragraph __pr ior to the retention of a consultant...." Amend sentence to read: "Prior to the retention of a consultant, the City shall make reasonable attempts to consultwiththeprojectproponent, and upon request, shall provide a copy of the proposed scope of workandestimatedcosts."with this mOdification, staff has given the project proponent more ability to ensure that they will have some input into the decision, but have protected the City's ability to carry out the mitigation measures.The Commission discussed the question, "What is considered reasonable". It' s a word no one is comfortable with, but there is some basis in law. Mr. Herrick said the reasonably necessary costs language was taken from the Government Code.Reasonable attempts" was inserted in the document as opposed to saying "the City shall consult with", in order to protect the City in circumstances in which the developer is not around to consult with. It allows the City to move forward.Mr. Jones said there were only two modifications to the document and everyone was in agreement with these.Mr. Herrick clarified there were three documents for this process: (I) Mitigation Monitoring Program Manual; (2)Ordinance; and ( 3) Resolution (in draft form).The public hearing was opened.Steve Ross, 550 Newport Center Drive, Newport Beach,represented The Irvine Company. He commended staff for their hard work on this program. Everyone is proceeding into uncharteredterritorywiththechargefromtheStatelegiSlatureof implementing recent legislation. Their August 2 letter contain a handful of proposed modifications to the program, referring to the Manual. With the two refinements, they believe that the Mitigation Monitoring Program issatiSfactoryandtheydosupportafavorablerecommendation. Planning Commission Minutes August 5, 1991 - Page 5 Alice Clark, 205 North Pine, did not understand what Mitigation Monitoring meant.Mr. Jones explained that State law requires that for any discretionaryprojectthattheenvironmentalimpactsofthatproject be identified. Where there is potential for significant adverse impacts, mitigation measures are to be identifiedtoreduceoreliminatethatimpact. This is new State legislation that says not only do you have to require mitigationmeasures, you now have to monitor them.The public hearing was closed.Moved by Commissioner Scott, seconded by Commissioner Bosch,to recommend to the City Council to adopt the Mitigation MonitoringProgramManualbyResolution, subject to the modifications presentedl and to adopt an Ordinance mandating compliancewiththeMitigationMonitoringProgramManual.AYES: NOES: Commissioners Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED IN RE:OTHER BUSINESS Chairman Bosch reported the City Council, in following up on AB 939, regarding solid waste, is forming a special committeetoaddresstheneeds/goals for the City of Orange. They have asked that a Planning Commissioner be a part of this committee.Moved by Chairman Bosch, seconded by Commissioner Master, to recommend to the Ci ty Council the appointment of Commissioner Scott to fill that position.AYES: NOES: Commissioners Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED Commissioner Cathcart mentioned the landscape standards and Landscape Ordinance will be delivered to the Commission by August23, and will be on the Agenda for the meeting of September 4.IN RE:ADJOURNMENT Moved by Commissioner Scott, seconded by Commissioner Murphy toadjournat7:45 p.m.AYES: NOES: Commissioners Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED sld