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HomeMy WebLinkAbout05-04-1998 PC Minutesl r <__ C.95ooJb.2.3 MINUTES Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: May 4,1998 Monday - 7:00 p.m.Commissioners Bosch, Carlton, Pruett, Romero, Smith None s : L 0J Vem Jones, Planning Manager and Commission Secretary,John Godlewski, Senior Planner,Ted Reynolds, Assistant City Attorney,Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary I;~.:~,: r' I:) }..T.i J -IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN 1. GENERAL PLAN AMENDMENT 2-98; ZONE CHANGE 1195-98; CONDITIONAL USE PERMIT 2217- 98 - CHILDBRIDGE PRESCHOOLS, INC.A proposal to assign General Plan designation and zoning classification for a parcel to be annexed to the City of Orange. The applicant is also proposing development of a children's day care facility. To accommodate this J)roposal, the Plannin9 Commission may zone the property R-3 (Multiple- Family Residential), O-P (Office-Professional District), M-H (Mobile Home District), or any other zoning classification that it considers appropriate. The project site is located at the southeast corner of Villa Park Road/Santiago Canyon Road and Hewes Street.Negative Declaration 1552-98 was prepared to evaluate the environmental impacts of this project. Staff is recommending that the Planning Commission adopt this document as an adequate and complete assessment of environmental consequences related to potential approval of this project.Applicant requests to continue this item to May 18, 1998.Moved by Commissioner Romero, seconded by Commissioner Carlton, to continue General Plan Amendment 2-98, Zone Change 1195-98 and Conditional Use Permit 2217- 98 to the May 18, 1998 meeting.NOTE: AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED 2. CONDITIONAL USE PERMIT 2204-97, VARIANCE 2042-97 AND NEGATIVE DECLARATION 1545-97 - TOYOTA OF ORANGE A proposal to expand an auto dealership and construct a parking structure within the front setback area Trenton Avenue frontage). The site is located at 1400 North Tustin Street. (This item has been continued from the February 2, February 18, March 2, and April 20, 1998 public hearings.)Applicant requests to withdraw the application.Moved by Commissioner Romero, seconded by Commissioner Smith, to withdraw Conditional Use Permit 2204-97, Variance 2042-97 and Negative Declaration 1545- Planning Commission Minutes May 4, 1998 IN RE: CONSENT CALENDAR 3. APPROVAL OF MINUTES FOR THE MEETING OF APRIL 20, 1998 This item was removed from the Consent Calendar as there was opposition to the Minutes from the public regarding CUP 2213-98 (Salem Lutheran Church). Chairman Bosch abstained from discussion.Laura Thomas, 7211 East Clydesdale, Orange Park Acres, looked at the draft Minutes and she thought they did not accurately represent her testimony. On Page 5, it mentioned the s~akers were opposed to the project because of Increased traffic on Santiago Canyon Road AM Orange Park Boulevard. The opposition was because of Orange Park Boulevard; not Santiago Canyon Road. Then, reference was made again to Santiago Canyon Road -- for the well being of residents on Frank Lane, Clark Street and the impact of traffic on Orange Park Boulevard AM Santiago Canyon Road. Ms. Thomas said she had not stated that she was concerned about an increase in traffic on Santiago Canyon Road, but had only referenced an increase in traffic on Orange Park Boulevard, and her comments had been "lumped in" with concerns raised by others in opposition. Mr. Reynolds suggested the Commission receive the comments and then continue action on the Minutes in order to have staff compare the comments against the tapes. Commissioner Pruett stated the Minutes provided a summary of the people who spoke at the hearing; it is not just referring to comments one individual made, but a group of 17 people spoke. The essence of the testimony is captured in the Minutes. Moved by Commissioner Smith, seconded by Commissioner Romero, to continue the Minutes of April 20. 1998, in order to receive the comments from the public, compare the comments to the taped hearing, and bring back to the Commission information regarding the information on Page 5 of the Minutes. A YES: Commissioners Carlton, Pruett, Romero, Smith NOES: None ABSTAINED: Commissioner Bosch MOTION CARRIED IN RE: CONTINUED HEARINGS 4. DESIGN REVIEW BOARD APPEAL NO. 03-98 - MICHAEL WALDRON An appeal of the Design Review Board's decision not to allow vinyl windows in a remodel of a single family residence located at 205 South Orange Street in the Historic Old Towne District. This item was continued from the April 20, 1998 hearing.) The public hearing was opened. Aoolicant. Michael Waldron. 205 South Orance Street. provided pictures of the windows in question and a wood screen window. A picture of the handrails were also provided to match the existing baluster. Commissioner Smith asked about the handrails and baluster. She also asked about the screening material that will be used. Commissioner Smith visited the site and saw that the screens cover the vinyl windows. Mr. Waldron explained they are attempting to match the existing baluster and showed examples of pictures of what he is proposing to install. He also showed the Commission the wood screen he proposes to put in. He assured the Commission his house is not for sale. Public comments: Joan Crawford. 394 South Orange. directed her comments of opposition in general. The City of Orange has a reputation of knowing that it is easier to ask for forgiveness than it is to ask for permission. Generally, that's the way things are happening. She looked to the Commissioners to help balance the scale. She still can't believe the original windows were removed. She was insulted by the fact the applicant said he could save money by putting in the vinyl windows and then use his money on other 2 Planning Commission Minutes May 4, 1998 rehab projects at the property. Ms. Crawford believes everyone faces those decisions. She is hoping by the end of the year the Mills Act will help residents with some of the cost benefits. She also believed as a City, it needs to get over the attitude that any impr:ovement is better than what was there. The historical integrity of the Depot has been destroyed. The Interior remodel of Wells Fargo Bank is a shame. Workers will be working on the park and hopefully the historical significance will be retained. The Old Towne Design Standards have given them flexibility. There are substitute material available, but they are looking for the appropriate profile of what needs to be there. She thought they needed to reward the people who follow the rules, and find some way to not make it so successful to break the rules. Tom Matuzak. 340 South Grand initially spotted the remodeling activity of the house. He was upset to see that the original windows were removed. He was not sure if the windows could have been repaired or re-created. The Design Standards say the replacement should be made with the original material when possible. The beauty of wood is that it can be painted. Vinyl clad windows can never be painted. He believed there were some steps that were not taken in the process. Some changes need to be considered at the City level.Aoolicant's resoonse Mr. Waldron appreciated the comments with respect to remodeling and following rules. He invested a significant amount of money into the interior remodel of his home. He understood the rules were " over the counter" without a Design Review Board application. His intent is to completely maintain the integrity of the home and ensure that it will live another 100 years.Commissioner Smith asked about some of the windows that were not replaced. On the back side of the house there are three small windows across the top. (They are hinged windows that are partially operative.) Those windows could use interior screens to retain the original architectural feature. Also, the window on the back side, below that. (It's a sliding aluminum window.) The front bay window has been retained and it is fixed and does not need a screen. All the windows on the north side of the house were replaced and there are no windows on the south side. Commissioner Smith asked if Mr. Waldron were willing to work to bring the rest of the windows into conformity. ( Yes.)Commissioner Smith wanted to know what took place when Mr. Waldron came to the City and pulled permits for the windows.Mr. Waldron did not talk about replacing the windows with City staff. He took out permits for heating and air, and electrical work, and understood this was part of his interior remodel, which did not require any kind of review. This was his understanding from reading the Old Towne Development Standards. He did not recall if he told the staff he was replacing his windows.Commissioner Smith noted in the pictures, Mr. Waldron included a picture of the house next door which has aluminum or vinyl windows. She believed that project was done when the Design Standards were not part of the ordinance. The Standards were only a guide for residents to follow.Commissioner Pruett asked if Mr. Waldron interpreted the replacement of his windows as being an interior remodel from reading the Design Standards. (Yes.) There was concern that theDesignStandardsneedtobereviewedtomakecertainthereisnotthatinterpretationinthe future.Mr. Waldron saw the exterior repairs as more of an architectural detail, rather than window replacement.The public hearing was closed.Commissioner Smith proposed to deal with the actual item at hand and then discuss some improvements that could be made to the Design Standards or the rules in place that have caused this confusion. She visited Mr. Waldron's home and saw the interior remodel and the screen applied to the window. She is satisfied that they mitigate the vinyl windows on the house. Her first preference, of course, would be the wood windows. It is obvious, though, Mr. Waldron's intent is to do a very nice renovation of thepropertyandshebelieveshedidnotreceivetheproperguidanceinthisparticularcase. She would behappywiththewoodscreens, as proposed, and suggest they also be applied to the lower window on the east side of the house, that interior screens be added to the upstairs windows, and that no screen be added to the fixed bay window. She is pleased with the type of stairwell that is proposed, and they discussed Planning Commission Minutes May 4, 1998 last time the appropriateness of that being included along with this project. She is also satisfied with the sashes and with the proposed paint job. The korbel is a significant piece of architecture because it distinguishes a Victorian from a Craftsman, and that's one of ttie reasons why it needs to be kept, but it's gone. She also suggested that If a front screen door were to be added to the house, it should also be wood and not aluminum. Commissioner Smith would also like to hear from staff what the process is for replacing windows in Old Towne if it is contained in the Design Standards. She believed it should be contained under the process of demolition of facade, and it needs to be reviewed by the Design Review Board. If the square footage of the windows that are removed constitute enough percentage of a facade change, it should require a permit. She wanted to know what the code says about the application of vinyl and aluminum windows in contributing structures in Old Towne. She aIs6 wanted to talk about the process for violations of these codes. She agreed, in Orange it traditionally has always been more appropriate to ask for forgiveness, than for permission; however, now that Orange is a National Register District and bound by CEQA standards, she did not think Orange could afford to not know about the historical integrity of the homes. Chairman Bosch concurred with Commissioner Smith's statements. He is concerned about how to avoid a precedent being set that is inappropriate to the maintenance of Orange's historical heritage. The only acceptable method for potentially looking favorably upon this proposal and the appeal, is relative to the other mitigation measures that offset the loss of historic value from the existing windows. He's very uncomfortable though with sending any signal to the public that such a potential offsets the necessary step in the ordinances for the judgment with regard to priority for preservation of historic details to be retained by the Design Review Board. He is looking for solutions to offset the loss and would propose to discuss with staff and have them report back to the Commission, addressing the points that were raised regarding the permit process, staff review process and the Standards themselves. Moved by Commissioner Smith, seconded by Commissioner Pruett, to grant Design Review Board Appeal No. 03-98 to allow the vinyl windows in the remodel of the single family residence at 205 South Orange Street, with the following conditions: 1) That wood screens, as presented at the public hearing,be added to all of the vinyl windows. 2) That a wood screen be added to the lower existing window on the east side of the house. 3) That appropriate interior screens be added to the existing windows on the second story at the east side of the house. 4) That no screens be applied to the existing fixed bay window at the front of the house. 5) That all existing windows be retained. 6) That the sashing, as presented by the applicant, be added to the windows. 7) That the stairwell with the architectural feature of the baluster and additional woodworking, as presented, be added. 8) That, in the event of the addition of a screen door to any of the doors to the house, that they be added to match the wood screening. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Smith, Romero None MOTION CARRIED The Commission expects staff to report back with concerns raised on the permit process, including interior remodel permits, what can be done about permit violations, and the Development Standards,with special attention given to any ambiguity that may exist in terms of the information that is provided to the public by June 1, 1998. .The Commission thanked the applicant and residents for their input relative to maintaining the historical integrity of Old Towne.IN RE: NEW HEARINGS 5. CONDITIONAL USE PERMIT 2218-98 - PRP WINE INTERNATIONAL A proposal to sell alcoholic beverages (imported wines) primarily by mail, with some retail sales available on site. The site is located on leased space within an industrial park (Batavia Palms Business Center),addressed 2326 North Batavia Street # 110.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301. Planning Commission Minutes May 4, 1998 There was no opposition to this item; therefore, the full reading of the staff report was waived. The public hearing was opened. The applicant was not present to answer the Commission's questions. Moved by Commissioner Bosch, seconded by Commissioner Carlton, to continue Conditional Use Permit 2218-98 to later in the evening, following Item #7 on the Agenda. AYES: NOES:Commissioners Bosch, Carlton, Pruett, Smith, Romero None MOTION CARRIED 6. CONDITIONAL USE PERMIT 2219-98 - TRINITY EPISCOPAL CHURCH A proposal to remove a modular classroom and construct a permanent structure. The proposed structure will be used for Sunday School, Bible classes and church youth group activities. The sIte is located at 2400 North Canal Street.This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303.Chris Carnes, Associate Planner, presented the staff report. The applicant is proposing to redevelop the rear portion of the church site by removing a modular structure, and constructing a new permanent structure. The proposed structure is intended to be used for expanding the church's youth program. The applicant will discontinue a present daycare operation that is operated out of the modular structure.Trinity Episcopal Church has been in operation since 1968. The applicant is required to apply for and get approval for a conditional use permit to allow an expansion of the church facility. The subject site is fully developed with church facilities and parking. The proposed building will be located to the rear of the church site, will have a minimum 20 foot setback from the rear property line, and will have a maximum height of 27 feet. The proposal conforms to the development standards contained within the zoning ordinance for church uses and parking, and it meets or exceeds the residential development standards for building setbacks and heights. Their proposal is categorically exempt from the California Environmental Quality Act. Staff has recommended seven (7) conditions of approval. Staff received a letter about concerns of the church property regarding night time activities in the parking lot. That letter was referred to the City's code enforcement division to resolve. NOTE:The public hearing was opened.Dennis Miller. architect for the oroiect, presented a model of the building site. The new building will replace an existing modular unit. Their new building complies with the zoning ordinance and they propose a setback of 20 feet. As of August, the pre-school will no longer be offered at this location.Reverend Virainia Erwin. Trinitv Eoiscooal Church. plans on having an environment for their youth that is suitable for their development. They have three late afternoon/evening programs, all ending by 9:00 p.m. They are planning to move the children from the parish hall to the new youth room so that they will not have to share an environment with adults.Commissioner Pruett asked for the interior of the new building to be described. He's trying to capture why the design is the way it is and he is concerned about the height of the roof line, compared to the rest of the buildings on the property.Mr. Miller described the Spanish style architecture of the structures on the site with tiled roofs. The slopes of the roofs are very similar. The youth center has an open ceiling, and the adjacent meeting hall has a flat ceiling. The intent of the open ceiling is to create a degree of recreational activity for the youth.Chairman Bosch said the new building is replacing the pre-school which utilizes the open space at the northwest corner of the site as a pre-school play yard for daytime activity. He is concerned with the kinds of activity that might occur in the passive open space relative to the youth gathering, which might have potential impact upon the neighbors. He asked if there would be screening in that area. Also,understanding the 20 foot setback relative to the deed restriction on the parcer at the northwest, the building's design appears to provide a fairly large wall of glass on the west elevation. A condition of approval is that there be no doorways, but there is a concern for light spill over during Planning Commission Minutes May 4, 1998 will be a potential impact on the neighbors. On the basis of the crape myrtle trees proposed, they don't provide the type of screening necessary to not impact the neighbors. Mr. Miller explained the building is moved back 20 feet from the property line and there is a six foot wall at the property line. Trees are intended to screen the building from the residents. Supervised, controlled activities will take place in the open space. The facility will be used three days a week for a couple of hours. Commissioner Romero did not believe the crape myrtle will provide screening on a year round basis. Mr. Miller did not have a problem with putting in another type of tree to screen the property. Commissioner Smith wondered if Mr. Miller had thought about putting in drapes or blinds on the west side of the building as a way to mitigate the light into the nearby residences. Mr. Miller would not be opposed to installing blinds or drapes. Commissioner Carlton would hate to see the hours and use of the new building be restricted to just two hours a week. Reverend Erwin did not intend to restrict the hours of use for the new facility, but she assured the Commission their activities would not go past 10 o'clock in the evening. The main focus of the building will be for the youth of the church; however, they welcome the community at large to also use their facilities. Public comments: Don Kossler. 1115 Alder Grove Circle. was concerned with the setback, but understands that has been taken care of. He is also concerned with the types of trees that will screen the property. He requested that the trees not be crape myrtle as his wife is very allergic to that type of tree. The windows, noise and proper lighting in the parking lot are concerns as well. J. R. Morrow. 2465 Hayford Street. is concerned about the noise, trash and loss of privacy. He suggested putting in a higher wall to help mitigate these concerns. Applicant's response: Reverend Erwin appreciated the comments, but was not aware of past problems. She assured Mr. Morrow the problems will be addressed. Commissioner Smith asked if the applicant were willing to accept a condition to conclude band practice at 8:30 p.m. and different types of trees for screening. Reverend Erwin said at this time they do not have a music program, but hopes to have one in the future and would not be opposed to the added conditions. The public hearing was closed. Commissioner Romero is familiar with the crape myrtle tree and knows it will not provide the appropriate screening at the property line. He also recommends more trees than just three to accommodate the neighbors. He is in favor of the project. Commissioner Pruett is concerned about the lighting and noise issues, and the size of the structure from the standpoint of the roof line. The other buildings have a flat roof and the new building will have a peak roof. He felt it would present a rather massive structure on the property. The other concern is the open space and how it will be used for youth activities. Commissioner Carlton approved of the project and felt the applicant has complied with all of the requirements. The usage is in compliance with the codes. She thought the type of trees to be used for screening could be referred to the Design Review Board. 6 Planning Commission Minutes May 4. 1998 Commissioner Smith finds the project acceptable. She favored these types of activities for the youth in the community. The height of the new building did not concern her and she assumed it is lower than the sanctuary. She did not know the height of the other buildings though. Mr. Miller responded to the question of the height dimensions of the buildings. He didn't have the precise hei~ht of the other structures, but there are no buildings on the site that have a flat roof. And, the new bUilding does not exceed the height of any buildings on the site. It will not overwhelm any other building. Commissioner Smith did not want to restrict the use of the new building and she would like to see the youth group grow beyond 20 people. She favored the project with a few conditions concerning changing the tree type, call out for window covering to keep the light out of the neighbors' yards, and restricting band practice in the evening hours. Chairman Bosch concurred generally with the proposal and thought the concerns had been addressed. He was also in favor of more than three trees and they should be non-flowering, non- deciduous canopy trees that at maturity would not exceed the 20 feet in diameter of the setback, but this should be referred to the Design Review Board. He understands the concern of the roof height. The ridge line is set back 35 feet from the property line, and it is lower than the height limit. It also serves as a focal point to the west end of the church campus as a counterpoint to the sanctuary towards the eastern end. He felt a future pre-SChool at the site would be inappropriate and suggested a condition be added to not allow pre-school use. He strongly felt they needed to avoid bein9. so overwhelming in restricting how people can use their facilities. The intent of the ordinance is to identify for people what can be accommodated on the property and be properly mitigated in terms of number of people, parking spaces, landscaping,screening, hours of operation that are good for public order to avoid light and noise issues. But, to get so restrictive and to tell people how to use each room, and which door to come in and out of, when it does not directly refer to the required findings, is going far beyond what the intent should be. He also felt it appropriate for the Design Review Board to review the lighting issues, and there needs to be a demonstration of cut off lines or levels of illumination outboard fromthe window that don't exceed the ordinance requirements at the property line. Utilization of alternative glazing while providing light,shielding the upper part of the window from that light, is the goal that needs to be met.It was noted the project is categorically exempt from CEQA review.Moved by Commissioner Smith, seconded by Commissioner Carlton, to approve Conditional Use Permit 2219-98, with conditions 1-7, modifying condition 3 - That a non-flowering, non-decidious evergreen tree is to be determined by the Design Review Board. (number and species of which to be identified by the DRB). Condition 8 - That the levels of illumination from the west window not exceed the levels in the City ordinance. Condition 9 - That any type of amplified music or practice be restricted beyond the hour of 8:30 p.m. Condition 10 - No pre-school use be allowed on the site without further application for a new conditional use permit. Condition 11 - That there be noise control in the parking lots and said noise shall comply with the City's ordinance. Rnding that the CUP is granted upon sound principles of land use and in response to services required by the community. That it will not cause deterioration of bordering land uses, or create special problems for the area in which it is located. That it has been considered in relationship to its effect on the community and neighborhood plans for the area where this site is located.And, that it is granted and made subject to the conditional use permit necessary to preserve the general welfare, not the individual welfare of the applicant.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: MISCELLANEOUS 7. GENERAL PLAN CONFORMANCE FINDING FOR FY 1998-99 THRU FY 2004-05 Review of the Capital Improvement Program for Rscal Year 1998-99 thru FY 2004-05 to determine conformance with the City' s General Plan, as required by State Law.The public hearing was opened and Planning Commission Minutes May 4, 1998 Moved by Commissioner Pruett, seconded by Commissioner Bosch, that the Capital Improvements Plan for FY 1998-99 thru FY 2004-05 is in conformance with the City's General Plan, as required by State Law. Project No. 2619 may, in the future, require a General Plan Amendment, if the site changes. AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: CONTINUED HEARING 5. CONDITIONAL USE PERMIT 2218.98. PRP WINE INTERNATIONAL A proposal to sell alcoholic beverages (imported wines) primarily by mail, with some retail sales available on site. The site is located on leased space within an industrial park (Batavia Palms Business Center),addressed 2326 North Batavia Street #110.NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301.The applicant was still not present; therefore, the Commission agreed to continue the item.Moved by Commissioner Smith, seconded by Commissioner Romero, to continue Conditional Use Permit 2218-98 to the meeting of June 1, 1998.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None MOTION CARRIED IN RE: PUBLIC PARTICIPATION Steve Halbert. 1266 Richard Street, challenged the City to find a location for a medium-sized convention center inside the city limits.IN RE: ADJOURNMENT Moved by Commissioner Carlton, seconded by Commissioner Smith, to adjourn to the next regularly scheduled meeting on May 18, 1998. The meeting adjourned at 9: 05 p.m.AYES:NOES:Commissioners Bosch, Carlton, Pruett, Romero, Smith None