HomeMy WebLinkAbout12-02-1991 PC MinutesCI-n.; Off
1<,
W:~PLANNING COMMISSION
MINUTES Ci ty of Or
ange Orange,
California December 2,
1991 Monday - 7:00 p.m.
PRESENT:Commissioners Bosch, Cathcart, Master, Murphy, Scott
ABSENT:None
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;
Gary Johnson, City Engineer; and
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
MINUTES OF NOVEMBER 4 AND NOVEMBER 18, 1991INRE:
The minutes of November 18, 1991 were continued to the next
meeting.
Moved by Commissioner Master, seconded by Commissioner Scott, to
approve the Minutes of November 4, 1991 as recorded.
AYES:
NOES:
Commissioners Bosch, Cathcart, Master, Murphy, Scott
None MOTION CARRIED
IN RE:ITEM TO BE CONTINUED
TENTATIVE TRACT MAPS 14549 AND 14593, ZONE CHANGE 1142-
91,CONDITIONAL USE PERMIT 1932-91, ADMINISTRATIVE ADJUSTMENT
91-26 -SOUTHRIDGE
DEVELOPMENT COMPANY Request for approval of Tentative Tract Map 14549
to allow subdivision of 25.6 acres into 105 single
family parcels;Tentative Tract Map 14593 to subdivide 71.3 acres into
11 lots,of which 4 lots are for a phased development of
condominium units and 7 lots are for park or utility purposes; Zone
Change 1142-91 to revise the Development Plan text and map
for the Southridge Planned Community Area to accommodate the new
alignment for Loma Street, to add the land distribution of
various densities and product types, and to establish
single family detached subdivisions with 5,000 square foot lots, as permitted
use in the newly configured Planning Units C and E,
and to pre-zone approximately 3 acres to
PC (Planned Community) District;Conditional Use Permit 1932-91 to
allow development of 37 acres with approximately
537 condominium units; and Administrative Adjustment Permit 91-26 to
allow the creation of lots around cul-de-sacs,
with lot widths
less than the
minimum
required.A letter from to the next
1991.the applicant was received requesting a
Planning Commission Minutes
December 2, 1991 - Page 2 Moved
by Commissioner Murphy, seconded by Commissioner Master, to continue
Tentative Tract Maps 14549 and 14593, Zone Change 1142-
91, Conditional Use Permit 1932-91 and
Administrative Adjustment 91-26 to the meeting of December
16,
1991.
AYES:NOES:
IN RE:Commissioners Bosch, Cathcart, Master,
Murphy, Scott None
MOTION CARRIED ITEM TO
BE CONTINUED CONDITIONAL USE PERMIT 1939-
91 - HANDSHAW A request to allow
for the automatic car
wash facility District. Subject
property is Katella Avenue and
Main
Street.NOTE:
construe tion in
the C-l
located at the and
operation of
an Limited Business)
southwest corner of In compliance with the
California Environmental Quality Act (CEQA), Negative Declaration
1395-89 has been
prepared for this project.Staff received a letter from
the applicant requesting a continuance until December 16 or January
6. Staff recommends a continuance to the January 6 meeting to allow
them time to put together a report based on the
information to
be
submitted.Moved
by
continue
6, 1992.
AYES:NOES:IN RE:Commissioner Murphy, seconded
by Commissioner Master, to Conditional Use Permit 1939-91
to the meeting of January Commissioners
Bosch, Cathcart, Master,
Murphy, Scott
None MOTION CARRIED CONTINUED HEARING CONDITIONAL USE PERMIT 1934-
91, VARIANCE 1918-91 - PRAFUL PATEL A request to adapt two existing
signs (for the Colony Motel) to an updated display under the
City's sign ordinance and the addition of two new monument signs,
which are under five feet in height, approximately 140
feet inside the property from Katella Avenue. Subject property is
located at 1930 East Katella Avenue.NOTE:
This project is categorically exempt from
provisions of the California Environmental Quality CEQA) per
State CEQA
Guidelines,
Section
l530l(
g)l5311(a) .the Act and This item was continued
from the November 18 meeting. Staff received a memo from the
City Attorney indicating there has been no violation of a legal matter
which had been looked into1 and the City Attorney felt it was
Planning Commission Minutes
December 2, 1991 - Page 3 A
letter from the applicant's representative was also received re-
stating the applicant's position on this item.
The public hearing was not re-
opened.Commissioner Cathcart said the signs as they currently exist
are legally non-conforming signs. If they're going to share
the same post, can there be a legal conforming sign on the same
post with a legally
non-conforming sign?Mr. Herrick stated that was possible;
it could occur.Commissioner Scott asked if the Shiki sign were
removed while the new sign is installed, could it be re-
installed? Are
there legal ramifications involved?Mr. Herrick believed the ordinance had
time periods during which something that is non-conforming
can be
repaired or
replaced.Chairman
Bosch construction of approved
action to remove it for said a permit would need
to be pulled for the the new sign, the demolition
would be part of the under the
permit; therefore, making it
allowable the purpose of replacement.Ms. Wolff said if part of the Commission'
s action were to respond to the D.R.B.'s recommended condition
of replacing the Shiki sign and encompassing all the signs into
one single sign, if you approve the variance to do that,
then they both
become a conforming legal sign.
Commissioner Master thought the applicant that is
by itself a difficult situation.meet
the City's requirements.
There consideration for the variance.
has a piece of property
His concern is that it
is a reason to give Commissioner Murphy said the
traffic situation adds to the hardship and there needs to be some thought
put into how best to help alleviate that without setting
a precedent that could
be applied to other areas.Chairman Bosch thought the
evidence shows that when the properties were originally proposed
for development, it was not seen as being master planned, but a
mini master plan combining a number of properties and
different uses. More recently, within the last year the gas station came in
with a car wash and reconfigure it's use without
opposition from the land users behind (Shiki and the motel); there
was no opposition. To use that change and blocking their visibility
off is an excuse now for saying they need a change in signage
is something he can't buy. The City must be careful
of people setting up conditions upon themselves that then serve
Planning Commission Minutes
December 2, 1991 - Page 4 variance.
It's planning
pOlicy.not
the intent of the ordinance, nor sound The
height of the sign was still a concern.Commissioner
Scott stated the Redevelopment Agency -has expended a lot
of money to get conforming signs. One could maybe justify the
variance to be adequate, but what about the rest of the motels
up and down Tustin? He cited the example of Villa Ford's request
for a tall sign, which was denied.Moved
by Chairman Bosch, seconded by Commissioner Scott, to deny Conditional
Use Permit 1934-91 and Variance 1918-91. It
appears the variance would constitute a grant of special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which the property is situated: and that
the special circumstances that apply to the property. and
strict application of zoning ordinances, topography and location
or surroundings does not deprive the property of privileges
enjoyed by others
in
classification.the vicinity and under identical
zoning
AYES:
NOES:Commissioners Bosch, Cathcart, Master,
Murphy Commissioner Scott MOTION
CARRIED Ms. Wolff explained the appeal procedure to the
applicant.IN RE:CONTINUED
HEARING GENERAL PLAN AMENDMENT 3-9l-B, ZONE
CHANGE 1112-89, NEGATIVE DECLARATION 1294-
89 - A & A ADVENTURES Request for approval of a General Plan
Amendment to change the land use designation of the property
from Open Space to Low/Medium Density Residential, 6-15
dwelling units per acre, and a Zone Change to pre-zone
the property from County AR 20 Agricultural, Residential, Minimum
Lot Size 20,000 square feet)to R-
3 (Residential, Multiple Family) District. Subject property is an undeveloped
site, approximately four acres in size located on the east side
of Crawford Canyon Road
approximately 500 feet south of Chapman Avenue.NOTE:
In compliance with the California Environmental Quality
Act (CEQA), Negative Declaration
1294-89 has been prepared for this project.Originally the
application was to re-zone to the R-3 (
Residential MUltiple Family) District: however, a letter has been received and
given to the Planning Commission prior to the last
hearing requesting a R-2-8 (Residential
Duplex) zoning. This item is continued from the October
21, 1991 meeting.Additional input has been received: therefore, it is
appropriate to
Planning Commission Minutes
December 2, 1991 - Page 5 Commissioners
Master prior
meeting, but property
and feel project.
and
Cathcart have
read the they
are able to did
not participate in the material
and studied the make
a fair decision on this Applicant
Philip
Anthony, A & A Ventures, 3200 East Frontera Street,Anaheim,
submitted a letter from their soils consultant and Planning
staff has summarized that in the staff report. They also
tried to review the other questions that were raised. They feel
that some kind of quality, low density residential was a reasonable
use. Looking at the existing condominiums to the west,
which is developed on R-3 land in the City led them to
their original request for R-3 zoning. That zoning does
allow quite a range and there is always the fear that some future
owner will come back and request something at the top of the R-
3 range.They never thought that was feasible; however, that's
why they changed their request to the R-2-8
zoning. This site was considered as part of the East Orange
General Plan some time before they owned it. It has been owned by
the Mormon Church for a long period of time. They also owned the
land around it, which eventually ended up as the
Baldwin tract. Their architect completed a very careful visual survey of
the site, flagging the extent of the cut slopes. They are
not visible from Chapman Avenue. Another concern was
overhanging buildings. They never thought that would be appropriate and
would not suggest the development include any type
of cantilevered building. Regarding the R-2-8 zoning with a possible
maximum of 18 units, there is not enough frontage on the property
to build more than 9 duplex lots. They would like
a reasonable basic zoning which would allow them to continue with
their annexation to the City. They have petitioned LAFCO for annexation and
are in the middle of a hearing process with them, but
cannot be completed until there is some pre-zoning action
by Orange. He thought this property could best be handled through a Planned
Unit Development with a C.U.P.as discussed in one of
the ordinances. They have not tried to present a final plan. Another
issue is the traffic. They did a thorough traffic study on
a worse case basis. The traffic study indicates that even with
60 units, this project would have less than 1% impact on
the peak hour traffic along Crawford Canyon Road. It is
the traffic consultant's conclusion
the actual traffic impact is not significant.Chairman
Bosch stated the Commission has received communication from the East Orange County
Water District with regard to the 16 inch water main and the
need for an easement, preferably near the south property line. (Mr.
Anthony was aware of the letter and has worked
Planning commission Minutes
December 2, 1991 - Page 6 Those
speaking in opposition Bob
Bennyhoff, 10642 Morada Drive, Orange Park Acresl Neil
Harkleroad, 10562 Mira Vista, Santa Ana, speaking on behalf of
the Foothill Communities Associationl Paul
Evans, 242 Crawford Canyon Road f19, President of the Stonehenge
Homeowners Associationl Francine
Pace, 1772 Sirrine Drive, Santa Anal and Ralph
Provost, 12301 Vista Panorama, Santa Ana, was a member of the
Panorama Heights Advisory Committee Their
objections are that the project does not fit the area. The hillside
will be torn up. This particular property is part of the
open space of the Baldwin tract because of the steep hillside.
Other issues involve traffic and drainage. The visibility
from the Panorama Heights area would be impacted. The Negative
Declaration was questioned because of the negative impacts.
The proposed density is inconsistent with the surrounding
zoning. The development would require the use of 1:1 slopes,
which is not appropriate for the area.Rebuttal
Mr.
Anthony did not think this development would be an eyesore.This
will be a high quality, carefully designed project that would
be blended into the hill scape both with the design of the grading
and landscaping. The property is surrounded on three sides
by the City of Orange and is a few feet from one of the busiest
streets. One side of the street is medium density,multi-
family residentiall the other side is commercial. This
property is not prime open spacel it's a long strip of land next
to a busy street. This is not natural wilderness open space and
it was never given to anybody by the previous owners in exchange
for what Baldwin did. They propose a carefully designed grading
and landscaping plan to bring the street out to its full width
and do a reasonable 2:1 slope in front of the buildings with a
1:1 slope partly behind the buildings to create a nice,
attractive setting and to provide high quality view townhomes.
There is a legitimate traffic concern, but this project has an
opportunity to help solve it not make it worse. They're
requesting basic zoning to proceed with annexation and some
serious design of development. The logical development method
for this property because of its situation is the Planned Unit
Development approach with a C.U.P. That would give the City
total control over what is done with the property.
Bruce Jordan, architect, 15375 Barranca Parkway, Irvine, spoke
about the slope faces. They wanted to demonstrate the
geotechnical stability of the slopes. They have tried to set up
the 2:1 slopes that abut Crawford Canyon and to confine most of
their planting to that area and to the areas that are terraced
Planning Commission Minutes
December 2, 1991 - Page 7 between
the buildings. Twenty percent of the site that remains behind
the buildings are not visible. There are a couple of options
they could pursue: terraces, planting_ areas on the hills,
hydroseed ground covers and consolidate behind the buildings
groups of trees to hide the hill. He expressed a willingness
to work with the City through the specific approval phase
to arrive at a workable solution.The
public hearing was closed.Chairman
Bosch asked staff if this parcel was separate from the Baldwin
tract?Ms.
the
owner
plan.
that.
Wolff
understands this parcel is separate. It is shown in East
Orange General Plan Amendment as being the same property and
it is not distinguished as a separate parcel in that But
as far as the development project, it was not part of Chairman
Bosch asked how this item was advertised with regard to the
action the Planning Commission can take?Ms.
Wolff stated it was advertised as a requested R-3 zoning or
other designation determined appropriate by the Planning
Commission. The Commission does have latitude in making a
determination that another zoning and General Plan designation
would be more appropriate.
Commissioner Scott asked if there was a possibility of doing an
intent to pre-zone rather than giving a blanket zone
change?Ms. Wolff responded it has been done before, but State law
very clearly states that zone changes are unconditional.
Cities cannot place conditions on zone changes, which is what an
intent to re-zone is. It's a conditional zone change
approval subject to approval of a
site plan.Commissioner Murphy recognizes the rights of the
landowners to try and put together an appropriate and
economically viable development; however, he had trouble with the density even
at an 18 unit type of complex. He envisions the amount of
movement of earth required to even get in an 18 unit complex
to be challenging. The R-2-8 or R-3 zoning
is not the right option.Commissioner Cathcart wrestled
with the density and environmental concerns. A 1:1 rocky slope really
bothered him. It would be quite difficult to make sure anything
would grow there. He would personally like to see something less
than 18 units at this site. An 8 unit concept would be better than
18, but he's not positive that'
Planning Commission Minutes
December 2, 1991 - Page 8 Commissioner
Scott liked the intent to re-zone where the City had
some control.
Commissioner
proposed is
questionable.
Master shared
beyond a
the
good
same concerns.
reason. The
The
density topography
is Chairman
Bosch commented the adjacent development was approved as a
P.U.D. but in the R-1-20 zone. He's sure the current
density proposed by the applicant without controls of the pre-
zone or P.U.D. application at this time, are ones that could give
us a potentially horrendous development despite their good
intent. He doesn't see a physical relationship to Stonehenge
across the street. He's more concerned with the impacts on the
street and the living environment of the people beyond the site.
There is nothing in this proposal to guarantee a quality
environment and assurance of a reasonable development on the site. He
feels the City has an obligation to study the area,
neighborhood, context of the zoning, the impacts on the neighbors and
recommend what might be appropriate zoning for the site. He felt
R-1-20 zoning would be more appropriate. It's a difficult
piece of property to develop. He found the Negative Declaration
doesn't address the environmental impacts to the
residents
of
the
site.Moved accept Negative by Chairman Bosch, seconded by
Commissioner Scott, to not the findings of the
Environmental Review Board regarding Declaration 1294-89; it
is
found
to be inadequate.AYES:NOES:Commissioners
Bosch, Cathcart, Master,
Murphy, Scott
None
MOTION CARRIED
Moved by recommend
3-91-B and Chairman
Bosch, seconded to the City
Council to Zone Change
1112-89 for the
by Commissioner Scott,
to
deny
General Plan Amendment reasons previously stated.
AYES:NOES:Commissioners
Bosch, Cathcart, Master, Murphy, Scott None MOTION CARRIED Ms. Wolff said
this item will automatically be forwarded to the
City Council because of
the General Plan Amendment.IN RE:CONTINUED HEARING
TENTATIVE TRACT MAP 14577, CONDITIONAL USE PERMIT
1940-91,NEGATIVE DECLARATION 1394-91 - THOMAS A. WILLIAMS A request for
approval of a tentative tract map and a conditional
use permit for condominium purposes, to allow the consolidation
of property and the construction of approximately 10 dwelling
units under the revised plan in the R-3 (Multi-
Planning Commission Minutes
December 2, 1991 - Page 9 of
Lincoln Street,
and East
Lincoln Avenue,
approximately 970 feet east of Glassell 400
feet west of Cottonwood Street, addressed 341 Avenue.
NOTE:
In compliance with the California Environmental Quality Act (
CEQA), Negative Declaration 1394-89 has been
prepared for this project.
This item was continued from the November 4, 1991 meeting to
allow the applicant to reconsider the site plan in relation to
the comments of the Planning Commission.
The public hearing was re-
opened.
Applicant Robert Colin, 1247 North Glassell, believes they have met
the Commission's concerns in their revised site plan. They
have reduced the number of units from 11 to 10; reduced the number
of bedrooms from 11 3-bedrooms to 6 3-bedrooms and
4 2-bedrooms for a total reduction from 33 to 26
bedrooms. The parking turnaround has been moved closer to the guest
parking. Guest parking has been increased from 2 to 6 spaces, with
an optional 7th space.They have provided access to the front doors by
way of a secured open space area, accessible from the
guest parking area. The minimum setback has been increased from 5 feet to
10 feet for a typical setback. The units have been alternated
to break up the elevation and the roof line. They propose
private decks for all units
on the
second floor.
Commissioner Scott Lincoln
Avenue.walkway which is recollected the property
was to drain towards On .the tentative tract map
it shows an access
also used for drainage.Mr. Colin said the drainage would be on
either
side of the walkway.Mr. Johnson said he didn't have the final
site plan in their file. However, that wouldn't be
something they would approve.They would have to provide a swale that would
only be used for drains. They were looking at this plan as
a conceptual plan; a precise grading plan would be required at
the time of permits.Chairman Bosch asked if the
applicant had considered eliminating one of the northerly units, keeping the
private yards or even providing additional private yards for units
closer to the front and getting the turnaround to the rear
of the site while maintaining the joint use recreation
area and getting sidewalk access to one fewer unit
without the sidewalk access?Mr. Colin did look at
other alternatives, but encountered problems with security or
Planning Commission Minutes
December 2, 1991 - Page 10 The
public hearing was closed.Commissioner
Master could not accept this alternate plan. There were
no private areas. The applicant is trying to do too much with
too many units for the property.Commissioner
Scott concurred there were too many units on the parcel.
The lifestyle would suffer.Commissioner
Cathcart commented the layout of the initial plan andthemovingoftheunitstogivealittlerelieftoboththedrive
side and patio side is something he thought was positive.Thealternativeofstraightlinegaragesandunitsisnotacceptable.
He would like to see the removal of more than one unit
under the original plan. He personally would like to see private
yards and one or two units having to arrive through the drive,
as opposed to the new plan.Commissioner
Murphy questioned the issue of parking. Even though theapplicantiswithintheguidelinesoftheordinance, whether or
not there is enough parking on the facility, it gets back to the
density issue again based on the fact that there will be no on-
street parking.
Chairman Bosch shares the Commission's concerns. The property is
zoned R-3 which allows development of an apartment complex
and the reason it's before the Commission is because it is
a condominium project. Although the concerns expressed by
the Commission at the last meeting were addressed by the plan,
they weren't addressed to benefit. They did not become assets
to improve the plan; they became detrimental to the
plan.Moved
by accept
the
Negative
inadequate.
environment.Commissioner Scott, seconded by Chairman Bosch, to
not findings of the Environmental Review Board
regarding Declaration 1394-91 in that it is found
to be The project does not create a
positive
living
AYES:NOES:Commissioners Bosch, Cathcart, Master,
Murphy, Scott None
MOTION CARRIED Moved
by Commissioner recommend to
the City Tract Map
14577 and Commission'
s comments.Scott, seconded by Chairman
Bosch, to Council to deny without
prejudice Tentative Conditional Use Permit 1940-91
based
on
the AYES:NOES:Commissioners Bosch, Cathcart,
Master, Murphy, Scott
None MOTION CARRIED Commissioner Cathcart would hate to see this
project turned into a full blown, high density apartment complex. He
would like to see the designer, who has shown the ability to
do some good quality designs, do something on the order
of a condominium project but
Planning Commission Minutes
December 2, 1991 - Page 11 Ms.
Wolff stated this item will be forwarded to the City Council.IN
RE:NEW HEARING CONDITIONAL
USE PERMIT 1937-91 - THIBAULT A
request to allow the expansion of an existing residential accessory
structure in the C-l (Limited Business District) zone.
Subject property is located at 603 East Palm Avenue.
NOTE:This project is categorically exempt from
provisions of the California Environmental Quality
CEQA) per State CEQA Guidelines, Section 15301.
the
Act
Ms. Wolff presented the complete staff report. This property is
developed as a single family residence in Old Towne. It is zoned
C-l, but is in the midst of a residential neighborhood.
The property contains a single family residence plus a
detached accessory structure. The accessory structure contains a two
car garage with a second story recreation room above. The
applicant is proposing with this application to enclose the second
story deck area of the accessory structure and to increase the size
of the existing recreation room. The addition would
be approximately 130 square feet and would be used by the
occupants of the existing residence. Due to the City's zoning and
parking requirements, the expansion cannot be used for either
commercial,office or second living unit. A conditional use permit
is required for any expansion of a residential use in the
commercial zone. Additionally, the accessory unit is
considered non-conforming with respect to the City's rear
yard setback requirements because two story structures in the
C-l district have a 10 foot setback requirement and this
building is situated directly on the property line. The C.U.
P. consideration must,therefore, also address the expansion
of
a non-conforming structure.The
public hearing was opened.Greg Thibault, 603 East Palm Avenue,
appreciated the time to explain his views on what he is trying to do.
He believes it is in conjunction with the City's General Plan
and also the Old Towne mixed use pOlicy, which would
encourage the use of residential development that is allowed
in conjunction with a commercial business or as a separate free
standing land use. The room as originally proposed was 75% larger
than their final plan.This is the third plan he has submitted
to Design Review before being approved. He doesn't believe it will
be detrimental to any of the neighboring houses. He disagrees
with staff to encumber the deed by restricting it to be u sed only as an auxi
1 iary use to the single family residence, and not to be
used as a separate dwelling unit
Planning Commission Minutes
December 2, 1991 - Page 12 Those
speaking in favor John
Vocca, 365 North Cleveland, considers Mr. _ Thibault an honorable
man and a diligent, hard worker. Be thinks the proposal
is legitimate. He's opposed to Old Towne. Any type of regulation
that imposes a second class distinction is contrary to the
principles of our government. To be subject to further regulatory
ideas is an infringement on his personal liberty. He read
an article from the Register dated Friday, November 29, 1991 regarding
land grants.Those
speaking in opposition Dale
Rahn, 350 North Harwood, said his major concern is the C-l
property is continuing to be expanded. Some day in the future
Mr. Thibault or some other owner could use the property as office
or business within the residential neighborhood. There is no
parking on site. He suggested a zone change to R-2 that
would allow Mr. Thibault to use his property in a different
means rather than keeping it as C-l property. It's spot
zoning
and
inconsistent.Rebuttal Mr. Thibault does not want to change the zoning on
his property;he has no reason to want to. He's not asking for
a business license. He's lived there for 16 years and doesn't
intend to change the use of a personal residence. He has a twocargaragewhichis100% more garage space than when he moved
to the property. Most of the houses have single car
garages. The parking problems are visual and
are accepted.The public hearing
was closed.Commissioner Cathcart thought the Commission has
reflected on spot zoning that exists, but has no control over it at
this time.He's disappointed the applicant does not feel that
the deed restriction is something he can live with. That's
an important part of making this decision. Without this condition,
there will be another "wrong" in the neighborhood if he were to sell
or to move from the area. He would like the Old Towne area
to be looked at on an individual basis rather than going
through and re-zoning
every single thing.Commissioner Master commented the property
is non-conforming now.Chairman Bosch wonders how the original
project was approved, but it is there and it must be dealt with
on an individual basis.He's only willing to consider this as an
appropriate use as an accessory to the structure as per Condition
3. A future owner could readily convert the structure into a
second unit with a second family living on site
without the proposed condition.There is some control with
Planning Commission Minutes
Dooombar 2, 1991 - Page 13 Moved
by Chairman Bosch, seconded by Commissioner Murphy, to approve
Conditional Use Permit 1937-91 with conditions 1-
4.
AYES:
NOES:Commissioners Bosch, Cathcart, Master, Murphy,
Scott None MOTION
CARRIED Commissioner Scott pointed out the final building elevation
would be reviewed and approved by the Design Review
Board.IN RE:NEW
HEARING CONDOMINIUM CONVERSION VIA TENTATIVE PARCEL MAP 91-281 -
TAKETA A request for approval of Tentative Parcel Map 91-281
to allow the conversion of two detached dwelling units located on
an R-2-6 Residential Duplex) property
into condominium units. Subject property is located on the southwest corner
of Culver Avenue and Grand Street, addressed 228 East Culver
Avenue and
404 South Grand Street.NOTE:This project
is categorically exempt from provisions of
the California Environmental Quality CEQA) per State
CEQA
Guidelines,
Section 15301.the Act Barbara Gander, Assistant Planner,
presented the staff report.The subject property is approximately 6,100
square feet in size and is located within Old Towne. It is
zoned R-2-6 wherein one unit per 3,000 square feet
of lot area is permitted. The property contains two
detached dwelling units: a bungalow style residence constructed in
1906 and a modern style residence constructed in 1981. The request
is to allow a single parcel condominium conversion of
two detached dwelling units via the tentative parcel
map procedure. The condominium concept allows for the individual ownership of
each dwelling unit with a common ownership of open space
and parking. The site's development plays a crucial role in
the requested conversion. The parcel is divided by a 6' high
fence creating two separate areas: one slightly under 3,000 square feet
in size; the other slightly over 3,000 square feet. Each
area is developed with one detached dwelling unit. One unit
faces Grand Street; the other faces Culver Avenue. The site
currently does not conform to the on-site parking requirements
of two parking spaces per unit, one of which to be
enclosed. The site provides only two enclosed parking spaces which are attached
to the Culver unit. As part of this request,
the applicant proposes to construct an additional single car garage to be
located adjacent to the Grand unit. It would also be possible
to develop an open parking space adjacent to the Culver
unit; however, staff questions whether this open air space would be used by the
Grand unit as it is required given its
distance and orientation away from that residence.Furthermore, the development
of the open air space would require shared maintenance
Planning Commission Minutes
December 2, 1991 - Page 14 association.
Staff questions the effectiveness of a two member homeowner'
s association. A similar request was recently reviewed by
the Commission and several comments were expressed which seem applicable
to this application. Approval could set a precedence for
the entire City by allowing for future defacto substandard 3,
000 square foot lots. This could specifically impact the Old Towne
where the majority of the R-2 properties are located.
Conversions of similar R-2 properties could in turn reduce
the availability of duplex properties impacting this unique
concept of ownership in that common areas cannot be effectively
governed by a homeowner's association consisting of only two
members.Staff has received several phone calls in opposition to
this
application.The public hearing was
opened.The applicant was not present at the
meeting.Those speaking in
opposition Robert Boice, 143 North Pine, spoke as President of Old
Towne Preservation Association, felt the staff report covered the
major issues. The Association and Mr. Boice are against the
creation of substandard lots. It would be a dangerous precedent and
he requested the Commission to deny this
application.Ron Newcome, 429 South Grand, said this is the most densely
built house on the block. Condominiums do not belong in a
single family residential neighborhood. An additional driveway does
not make sense. The owner originally tried to sell this
property,but she couldn't sell it because of the recession. She wants
to convert the property to condominiums for an easier sell.
This only benefits one person; not the neighborhood or community.
It would also lower the sales value of the homes in the
area.The public hearing was
closed.Chairman Bosch said this request was a bad idea for
positive planning. It would set a terrible precedent with regard to
the R-2 zoning in Old Towne; it would demolish the concept
of home ownership and secondary units for rental. This
property is substandard now and the project is overbuilt on the
site. It seems to violate the precepts of how to provide good
living space outdoors, separation between the units and
recognition of neighbors. He finds nothing positive about
the application.Moved by Chairman Bosch, seconded by Commissioner
Cathcart, to recommend to the City Council to deny the
condominium conversion via Tentative Parcel
Map
91-
281.AYES:NOES:Commissioners Bosch, Cathcart,
Master, Murphy, Scott
Planning Commission Minutes
Dgcgmh~r 2. 1991 - Pase 15 Commissioner
Scott garage
be built.should
proceed to must
adhere to it.referred
to the condition recommending a Appropriate
staff members (Code Enforcement)notify
the owners of this requirement and they Chairman
approval,
the
needs Bosch
said in mitigating that violation of the previous thedesignofsaidgaragecouldbeonethatreflectsofthesiteandtheneighborhood.IN
RE:ADJOURNMENT Moved
by Commissioner Scott, seconded by Commissioner Murphy, to adjourntoajointmeetingwithCityCouncilregardinggrowthmanagementat3:00 p.m. in the Weimer Room; then to adjourn to a 4:30 p.m. joint meeting with City Council in the Weimer Room regardingsignalsatCollinsandShaffer; Collins and Cambridge.AYES:
NOES:
Commissioners
Bosch, Cathcart, Master, Murphy, Scott NoneMOTION
CARRIED The
meeting adjourned at 9:10 p.m.Isld