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HomeMy WebLinkAbout05-18-1998 PC MinutesMINUTES Planning Commission City of Orange May 18,1998 Monday - 7:00 p.m. PRESENT: Commissioners Bosch, Carlton, Romero, Smith ABSENT: Commissioner Pruett STAFF PRESENT: Vern 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 IN RE: CONSENT CALENDAR 1. APPROVAL OF MINUTES FOR THE MEETING OF APRIL 20,1998 Chairman Bosch abstained from action with regard to CUP 2213-98 (Salem Lutheran Church) and turned the meeting over to Vice Chair Smith. Vice Chair Smith stated concern was raised by a member of the public that perhaps some of the information was not recorded correctly. Mr. Jones explained the procedure for taking minutes of the Planning Commission meetings. Staff provided a one-page memo which summarized information from the April 20 Minutes, and felt the Minutes, as recorded, are accurate. Moved by Commissioner Romero, seconded by Commissioner Carlton, to approve the Minutes of April 20, 1998, as written. AYES: NOES: ABSENT: ABSTAINED: Commissioners Carlton, Romero, Smith None Commissioner Pruett Commissioner Bosch MOTION CARRIED 2. APPROVAL OF MINUTES FOR THE MEETING OF MAY 4,1998 Moved by Commissioner Carlton, seconded by Commissioner Smith, to approve the Minutes of May 4, 1998, as written. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 3. NEGATIVE DECLARATION 1555-98; DRB 3286 - DIANA LIVINGSTONE A proposal to: demolish a 134 square foot rear porch addition, construct a new single story 562 square foot addition to the existing residence (including an attached carport addition) and construct a second carport addition attached to the existing two car garage at the rear of the residence. The project site is addressed 227 North Maple Avenue. RECOMMENDATION: Approve Negative Declaration 1555-98 and DRB #3286. Commissioner Smith excused herself from the meeting due to a potential conflict of interest. 1 Planning Commission Minutes May 18,1998 John Waters. 2144 East Monroe, represented the applicant and requested to address the Commission with regard to this item. They had concerns and conflict with three requirements from the ORB. The first requirement is that the ORB is requiring them to put a gable roof over the top of the existing roof on a pop out on the side of the unit. Mr. Waters expressed his concerns at the ORB meeting about it being structurally appropriate. He has since checked with the Building Department and it will be difficult to meet this requirement. This is a Craftsman style home and all of the gable ends have very large overhangs. The pop out extends over a foot into the required side yard. They also object to the requirement of a ribbon driveway. They surveyed the neighborhood and only 32 homes within a 500 foot radius have ribbon driveways. Thirdly, the ORB is requesting a fixed picture window for aesthetic reasons in the living room. Their drawing shows three casement windows. He shared some pictures with the Commission of the type of windows they wish to install. The windows need to open to satisfy the Building Code requirements for light and ventilation. Chairman Bosch noted drawing #3 mentions having three equal lights in the main window. Mr. Waters explained the drawings in the Commission's packets notes what they want to do. Chairman Bosch asked for public comments; however, there were none. The Commission did not have a problem with the proposed casement windows, nor with the elimination of the gabled dormer roof. But, they strongly felt the ribbon driveway needed to remain to the setback of the building. It was also noted the applicant needs to return to the ORB for final approval for the front entry door. Moved by Commissioner Carlton, seconded by Commissioner Bosch, to approve Mitigated Negative Declaration 1555-98 and ORB No. 3286, to preserve the ribbon driveway to the set back of the building, and eliminating the ORB request (Item 4) for the gable dormer at the northside front pop-out, and also, Item 7. b) with regard to replacing the picture window with three equal size casement Windows. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero None Commissioners Pruett, Smith MOTION CARRIED Commissioner Smith returned to the meeting. 4. NEGATIVE DECLARATION 1557-98; ORB 3326. LUIS MARQUEZ A proposal to demolish an existing rear porch on a 1914 California Bungalow, and construct a new 702 square foot single story addition onto the rear of the existing residence. A new two car detached garage and workshop is planned at the rear of the R-4 multi-family zoned residential lot. The project site is addressed 424 South Olive Street. RECOMMENDATION: Approve Negative Declaration 1557-98 and ORB #3326. Moved by Commissioner Smith, seconded by Commissioner Carlton, to approve Mitigated Negative Declaration 1557-98. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Moved by Commissioner Romero, seconded by Commissioner Bosch, to approve ORB #3326, subject to the conditions recommended by the Design Review Board. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 2 Planning Commission Minutes May 18,1998 IN RE: CONTINUED HEARINGS 5. CONDITIONAL USE PERMIT 2208-98; VARIANCE 2046-98 - EDWARD LAMBERT, JR. A proposal to allow construction of a 2-story accessory second housing unit on property zoned R1-7, and a request to vary from the setback requirements. The site is addressed 950 East Fairway Drive. (This item was continued from the April 6, 1998 hearing.) This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303. Mr. Jones explained since the April 6 hearing, the applicant has modified their proposal and is no longer requesting the accessory second unit, but is still requesting the accessory structure that will require a variance in the front yard set back. NOTE: The full reading of the staff report was waived, and the public hearing was opened. Applicant. Deva lambert. 950 East Fairwav Drive. revised their plans and deleted the second story, reduced the size of the garage from 810 square feet to 720 square feet, designed the project with bay windows to look more like the existing structure and to be in compliance with the neighborhood, and moved the project westerly on the site to reduce the set back. They could not achieve the required 20 foot set back, but could achieve 13 feet on the east end and 16 feet on the west end. Commissioner Romero asked Ms. lambert what has caused a hardship in order for the Commission to grant a variance. Ms. lambert stated the property is an eyesore and it is has a very unusual shape. She admitted this is a self-created hardship because they need the storage space for their vehicles and boats. The public hearing was dosed. The Commission shared their concerns for granting a variance in that a self-created hardship (of storing property) cannot be justified because it would set a precedent that would be damaging to the surrounding residential neighborhood. The challenge is that the property backs up to the freeway and it is an irregular shaped lot, which are circumstances unique to the property. There needs to be conditions that make the authorization not a grant of special privilege Inconsistent with limitations on other properties. Mr. Jones said if the Commission looked at the vicinity map, they could see that the property had some uniqueness in relationship to the subdivision that surrounds it. Staff noted the rear yard goes to the west. The property is unique in terms of where it sits and what portion of it fronts on Fairway Drive. The minimum lot Width is 60 feet. This situation would not be found in any other residential neighborhood. Chairman Bosch could take into account the extraordinary shape of the lot, the direction the house is facing with the front yard to Fairway Drive, and consider that the 60 foot set back from the east property line is, in fact, the front yard of the house, with a 60 foot minimum lot width, and that the remainder, which is co-terminus with Fairway Drive, but also extends to the side yard, is a side yard, and thus, the 20 foot set back should not be applied to that portion next to the building. Mr. Jones thought this could be recorded in one of the findings, if the Commission chooses to approve the project. It was pointed out the original conditions of approval applied to the accessory second unit and some of those conditions are still applicable, such as conditions 5 and 6. But, conditions 2, 3 and 4 would not apply, but need to be modified. Condition 1 would be to reflect the plans that are presented and approved at this meeting. It was noted the project is categorically exempt from CEQA review. 3 Planning Commission Minutes May 18,1998 Moved by Commissioner Bosch, seconded by Commissioner Smith, to delete the Conditional Use Permit 2208-98 application from the approvals requested on the property. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Carlton, to approve Variance 2046-98 with the following conditions: Condition 1 - The variance is required on this property due to an ambiguity in the zoning ordinance which would deprive the property of privileges enjoyed by other properties in the vicinity due to the unusual shape and depth of the lot as a former freeway remnant parcel; and that the definition of a minimum required front yard set back can be met on the property without a variance, yet, elimination of the variance would cause a condition that would be detrimental to the zone and to the neighborhood. Therefore, the Commission finds that for the purpose of the variance, because of the hardship of the shape, location and surroundings, that the strict application of the zoning ordinance deprive the property of those privileges unless, for the purposes of this project approval, the easterly 60 feet of the property is determined to be the legally required minimum front set back and that the remainder of the right-of-way set back along Fairway Drive shall be recorded by deed restriction to provide for a 13 foot minimum required set back to protect the health, safety and general welfare of the adjacent residential properties which would otherwise be deprived of the privilege enjoyed by this one with this approval. Condition 2 will remain the same. Condition 3 would be revised to state, ''The applicant shall obtain a building permit for the building. Conditions 4, 5 and 6 will remain intact. The findings are embellished in the first condition. The application of the normal definition of a front yard set back and side yard set back has a dual challenge for the property. It would deprive the property of a development opportunity enjoyed by others, yet, at the same time elimination of the basis for the variance would cause damage to the neighborhood and deprive those adjacent properties of the beneficial enjoyment of their property as they should be guaranteed under the zone in which they live. The basis of the variance by requiring the establishment of, and recording of a deed, for the set back of 13 feet for the other portion of the side yard sets conditions that would assure the adjustment does not constitute a grant of special privileges inconsistent on limitations and other properties in the vicinity. The variance does not provide a use not otherwise expressly authorized by the zoning regulations governing the parcel. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 6. 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. (This item was continued from the May 4, 1998 hearing.) NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301. A full staff report was not presented, and the public hearing was opened. Applicant. Del Shelton. 1735 West Katella Avenue. requested to open a new retail location in the Batavia Palms Business Park. This is an attempt to consolidate some of their other operations, and change their name to PRP Wine International. They have been through the ABC license process and they have been doing business in California since 1989 under a different license. They have had a very good relationship with the City of Orange. Their current license is a type 20 license (same type as a liquor store) and their location acts as a retail location in supplying orders that come in. People can walk in and place an order; however, that happens maybe once in three years. This is an industrial complex; not a commercial store front. They carry an exclusive line of products from Europe. He has read the staff report and accepts the 4 Planning Commission Minutes May 18,1998 conditions of approval, including condition 1 which limits the on-site sales to not exceed 5% of gross annual sales. The public hearing was closed. Commissioner Smith wanted to know the zoning of the present site on Katella. Mr. Jones responded the zoning is M-1, Light Industrial. Commissioner Smith wanted to ask Sgt. Weinstein about a type 20 liquor license. Sgt. Barry Weinstein, Orange Police Department, explained the type 20 liquor license is an off-sale wine license, and the area is not over concentrated nor is it a high crime area. The Police Department does not have any objections or legal protest to this application. It was noted the project is categorically exempt from CEQA review. Moved by Commissioner Smith, seconded by Commissioner Carlton, to recommend the City Council approve Conditional Use Permit 2218-98, with the conditions listed in the staff report. The CUP meets the findings as listed on Page 3 of the staff report. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 7. CONDITIONAL USE PERMIT 2214-98 - SPIRIT & TRUTH WORSHIP CENTER A proposal for the removal of all buildings and redevelopment as a community church, with the main sanctuary totaling approximately 5,625 square feet. The site is the former "First Korean United Methodist Church" located at 4700 East Walnut Avenue. (This item was continued from the April 6 and April 20, 1998 hearings. ) Negative Declaration 1551-98 was prepared to evaluate the environmental impacts of this project. Jim Donovan, Associate Planner, recapped this is a proposal to remove all of the existing structures on the property, which include two modular buildings. The total floor area for all three of those buildings is 5,185 square feet. The applicant proposes to construct a new sanctuary, classrooms, administrative offices and a multi-purpose room amounting to approximately 20,300 square feet. The parking area will be expanded and it was designed to accommodate 138 vehicles in the beginning; however, the applicant has revised the plan to increase the parking to 146 spaces. The CUP is required to determine whether a church may be established or enlarged in the R-1 zone. At a hearing on April 20, the Commission heard concerns from the neighborhood about the size of the building. It is two stories and 32 feet high. Additionally, there were questions about parking calculations and the church's intended use of classroom space. The Commission asked the applicant to respond to the neighbors concerns and to prepare and submit a landscape plan, and to arrange a meeting with the neighbors to share information about their project. A neighborhood meeting took place on April 27, but staff was not present. The applicant has made a number of modifications to the proposal. The building's location was changed from the northeast corner of the site and shifted to the southeast corner. The side yard was increased from 10 feet to 15 feet; however, the building is now considerably closer to the homes on Silverleaf, as the rear yard was reduced from 128 to 20 feet. The overall height of the structure was reduced by two feet, so that it is now 22 feet at the eave line and 30 feet at the ridge line. The proposed parking facility was enlarged to 146 stalls, which satisfies the combined parking requirements for church assembly space and the individual class room use. The applicant also developed a conceptual landscape plan for the Commission's review. A written statement from a neighbor was given to each Commissioner and the applicant with multiple copies of questionnaires that were circulated through the local residential neighborhood. NOTE: Chairman Bosch noted for the record the Commission received a 2-page memorandum from Pastor Tom Copple who responded to questions raised by the neighbor's documentation. The public hearing was opened. 5 Planning Commission Minutes May 18, 1998 Joseoh Colombo. 1100 North Tustin Avenue #G. Santa Ana is the architect of this project. Their project meets or exceeds the allowable standards permitted for this use. They have moved the building back at the neighbors' request approximately 110 feet, moving the building an additional 5 feet from the east property line, making it a total of 50 feet instead of the previously 10 feet. The building acts as a buffer, along with the landscaping, to the neighbors. Parking has been increased to 146 cars. There is more open space and they have reduced the height of the building to between 29 1/2 and 30 feet at the maximum point. The amount of traffic proposed by the church is slightly less than a more intense residential use. The church has met with the neighbors and received their complaints, which have been incorporated into the plans. Pastor Copole. of Soirit & Truth Worshio Center. said they met with the neighbors on two separate occasions, and the residents asked the Church to consider moving the entire building to the back of the property. That would leave the front portion of the property open. Rve neighbors attended the first meeting; three neighbors attended the second meeting. By moving the building back, they lost their play ground. They have also added over 40 trees on the property. Public Comments Four (4) oeoole sooke in favor of the proiect: Karyn Johnson, 11045 South Orange Park Boulevard. Mike Jolley, 11041 Orange Park Boulevard. Hollis Best, 1805 North Shaffer. Beverly Best, 1805 North Shaffer. They would love to have their church based in Orange rather than having to drive several miles to another city. Sunday services average 189 people; Sunday evening attendance averages 171 people. A church is always considered an enhancement in the neighborhood and it will not hurt property values. Twelve (12) oeoole sooke in oooosition to the oroiect: Lisa Jackson, 486 North Hamlin Street. Mark Jackson, 486 North Hamlin Street. Rick Mendez, 4625 East Walnut. Sandy Richard, 4625 East Walnut. Gordon Stephens, 480 North Hamlin Street. John Wenk, 4621 Silverleaf. John Nething, 491 North Hewes. Lynette Ammer, 532 North Hamlin Street. Douglas Ammer, 532 North Hamlin Street. Jim Wronski, 4605 East Silverleaf. Linda Wronski, 4605 East Silverleaf. Kristie Arehart, 5847 Rockinghorse Way. The site is too small for a SOO-seat congregation. Parking, traffic, noise and drainage will be a problem. The residents have not heard an accurate number of church members, and if the number indudes children. The speakers wanted to know how many of the class rooms would be occupied during church services. Several residents offered to donate their time and equipment to help build the church in the corner of the lot, but Pastor Copple said it would be too expensive and he refused their help. The church needs to be down-sized to 200 seats or less so as not to create a hardship to the surrounding neighbors. Several people were not notified of the public meetings. Petitions were submitted in opposition to the project, along with pictures of the site. The residents also question the activities that are going on at the church. The building being located 15 feet from the property line is a real concern because the residents will lose their privacy. It is not fair that the neighbors are put into a situation where they will have to police the activities that go on at the church. Aoolicant's resoonse Pastor Copple provided the Commission with the Church's weekly schedule, and felt there was a lot of misinformation. He reiterated their times and days of the week for their church activities and programs. If he had a congregation of 500 people, he would not waste his time or energy trying to build a new church for 500 members. The average Sunday morning attendance over the last three months is 189 people. The average attendance on Sunday evenings is 171 people. Their existing church seats 126 people. The 6 Planning Commission Minutes May 18,1998 footprint of the building is 18.7% of the total property. The sanctuary seats 484 people. He did not have a chance to respond to all of the people who offered to help build the Church. They are very thankful for the neighbors' help to tear down the old structure. He apologized for not notifying all of the neighbors regarding the public meetings. The public hearing was closed. RECESS - The Chairman recessed the meeting at 9:10 p.m. RECONVENE - The meeting reconvened at 9:20 p.m. Commissioner Smith said it was the Commission's job to determine good land use for the City. The proposed project is located on property zoned for a church, which has provided a church for many years. She is pleased with the efforts the applicant has made to put the most appropriate structure to provide a use for a church on the property. The size of a building that could be put on the property, by City standards (FAR) is 40%; the staff report says that the existing proposal covers 26% of the lot. It's far short of what actually could be placed on the property. She had difficulty with the condition that the multi- purpose room cannot be used at any time when worship service is going on. She believed the population of the church is closer to what the pastor represented. She appreciates the concerns of the neighbors and hopes they could come up with conditions to protect the neighbors. She felt the use and plan were appropriate for the property. Commissioner Romero was in favor of the project and felt the applicant put forth a good effort to please the neighbors. The parking meets the City's requirements. Moving from a 126 seat sanctuary to a 500 seat sanctuary, he wished the applicant success in the future and hopes to see the church filled to capacity. Commissioner Carlton's only concern is the excess drainage on the grounds, and that should be given some attention. Chairman Bosch had some concerns relative to how one controls impacts on the neighbors. It appears the existing cross gutter and drainage on the property has drained to the west for many years. But, it's something that should be looked at and resolved. He was very much concerned with amplified noise and the hours of that. He would encourage a condition that based upon reasonable uses allowed in the zone elsewhere, and also recognizing the operations that are proposed would be normal to a church, that there be limitations set as to the hours for amplified music. It also has to do with the way the building is managed. There are a series of exit doors that are proposed and required for emergency fire egress from the church auditorium or sanctuary. Something needs to be done to assure that there are closers on the doors and that the doors remain closed at all times except for emergency use to avoid impacts upon the neighbors. He was also concerned about the traffic and suggested the church work on carpooling. It was also important for the Commission to think about limitations on hours of use for assembly. The applicant has proposed certain programs and there needs to be reasonable hours of use. A church is allowed in this zone with conditions applied to eliminate or minimize any potential negative impacts upon the neighboring land uses. A CUP goes with the land; not the applicant. He spoke to the intended use of the church and the various programs. There is no expressed intent of the church to have tenants of public service or social and community service or Department of Health service programs, and if these types of uses were considered, they must come back before the Commission as a separate conditional use permit to determine whether or not that type of use would be appropriate. This is a community church for the neighborhood; not for community-wide programs. Chairman Bosch did not think this was an overwhelming use on the site and there is adequate parking 98% of the time for this type of use. He felt the applicant has done a good job in meeting the intent of the ordinance. The drainage issue would be taken care of by the Public Works Department through the permit process. Moved by Commissioner Smith, seconded by Commissioner Romero, to approve Negative Declaration 1551-98 finding that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 7 Planning Commission Minutes May 18,1998 Moved by Commissioner Smith, seconded by Commissioner Romero, to approve Conditional Use Permit 2214-98 with the findings that this CUP is granted upon sound principles of land use and in response to services required by the community. That the granting of this permit will not cause deterioration of bordering land use or create special problems within the area in which it is located. That this permit has been considered in relationship to its effect on the community and neighborhood, especially the plans for the area in which the site is located. And, this CUP is subject to the conditions necessary to preserve the general welfare and not the individual welfare of any particular applicant. This conditional use permit is approved subject to the conditions of approval per the May 7, 1998 staff report, and adding the following conditions: Condition 7 - Amplified music or sound should not occur on this property before 8:00 in the mornings or after 8:30 in the evenings on any day of the week. If amplified music or sound is being offered within the buildins, the doors shall remain closed on the sides of the property bordered by residences. Condition 8 - To limit the hours of use between 8:00 a.m. and 9:30 p.m. Condition 9 - Community-wide programs shall be limited at the site, with the restriction that any community-wide program proposed for the site requires a separate license and must be brought back to the Commission by conditional use permit for public review. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Mr. Jones informed the public the Commission's action is final unless appealed. The appeal procedure was explained. 8. GENERAL PLAN AMENDMENT 2-98; PRE-ZONE CHANGE 1195-98 AND 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 proposal, 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. (This item was continued from the May 4, 1998 hearing.) Negative Declaration 1552-98 was prepared to evaluate the environmental impacts of this project. Jim Donovan, Associate Planner, presented the full staff report. The property is not currently within the City's limits, but is under the County's jurisdiction. County zoning is A-1, with a flood plain zonin~ overlay. The applicant is asking the City to designate a specific land use for the property other than resource area". The City's existing General Plan specifies that the property now is classified as a "resource area", which is a holding zone until an applicant wants to come forward with a proposal where the City will consider a more appropriate use of the property prior to allowing development. The City is also asked to assign a zoning classification to the property. The applicant has requested a R-3 zone, which is based in part on the advice the applicant received from staff in initial meetings. However, it was pointed out along the way that there are many other potential zones that would allow daycare facilities at this location. NOTE: The applicant is requesting a conditional use permit to allow development of a daycare facility. The center would be comprised of seven (7) classrooms, an administrative office with reception area, staff lounge and a science lab. A site plan and conceptual landscaping plan are posted on the wall. The landscape plan is no longer accurate because it pre-dates the corrections that were made as a result of staff's comments. There is a remnant of Hewes Street across the southern edge of the site. This 20 foot wide strip includes some utility lines, sewer and water lines and electrical. The applicant is incorporating that in the design of the parking area. The parking area is designed to accommodate 24 spaces, which is the City's requirement for a daycare facility. The applicant intends to operate the facility between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and does not anticipate that there would be any more than 125 children on the site. This property was a portion of a former land fill. The report includes a number of letters that were sent as correspondence from different agencies that have regulations that pertain to the development of land fill sites. Staff feels the applicant is doing her best to resolve some of the technical issues. A meeting 8 Planning Commission Minutes May 18,1998 was held last week with representatives from the local enforcement agency that deals with land fills in Orange County. The public hearing was opened. Applicant. Martha Malane. 8502 East Chaoman Avenue #327. intends to provide a very unique environment for children, ages 2 to 5, to grow up in. They have plans for a garden area and animals to help the children develop. This daycare center will provide a much needed service to the community. The Social Services Department requires them to have a pre-school license, but it is not issued until the building is completed. Commissioner Carlton was very concerned with the environmental issues on the property. There is a lot that needs to be done before getting approval. The site needs to be clean. One of the test sites would be fairly close to where the play structure is located. In a letter to Mr. Donovan dated May 1, the AQMD said that they will, in the near future, conduct another surface monitoring inspection. She wanted to know when that will take place. Ms. Malane said they met with the different agencies to discuss their options and there are different measures they could take to address the environmental issues. The County and other agencies are willing to work with her to overcome those obstacles. One option is to put monitoring probes along the street on Villa Park Road that would monitor any migration. There would be a problem if they tried to confine the gases, but if the area is left open, it doesn't create a problem. They are currently working with AQMD to resolve these issues, and they have hired a soils engineer. Commissioner Romero asked why the applicant is requesting R-3 zoning rather than M-H zoning. Ms. Malane responded the City staff suggested she request the R-3 zoning; however, she was not opposed to another type of zoning. Dennis Muth. 373 North Center. is the architect and spoke about the design of the building. This is a fairly innovative pre-school and the location is great for kids. The access to the school would be utilized via an abandoned road. The building is shaped in a half moon so all of the activities occur on the other side, away from the adjacent neighbors. Richard Toral. 10071 Sunrise Lane. Santa Ana, is the property owner and believes they have an opportunity to offer a good service to the community that allows children to have a good start towards education. He did not oppose the M-H zoning, because he expects the property to be developed as a pre-school. He didn't see a mobile home park in that particular location. He thought the O-p zone would be the more appropriate use for that corner. Public Comments Three (3) peoore sooke in oooosition to this oroiect: Pamela Hanley, 1223 Richard Street. Steve Halbert, 1266 Richard Street. Stan Hartman, OUSD, 1401 North Handy. The speakers requested they have an opportunity to meet with the applicants of the pre-school to address their concerns. They preferred the area to remain as a green belt, but favored a pre-school over a high rise or mobile home park. They also voiced concern with traffic hazards and the access road. The condition of the soil is a very real concern. The Rre Station next door to this property has a methane depletion unit that runs. OUSD asks that full mitigation of school facility costs be a condition for approval for any zone change to R3 multi-family residential, M-H mobile home district, or any other zoning classification that would potentially generate students for their schools. Aoolicant's response Ms. Malane walked around and canvassed the neighbors, and she is willing to meet with the neighbors to discuss their proposal. They are addressing the soils issues and will not be doing anything that is dangerous to the children or public. She offered to put in speed bumps on the access road and to install a pole gate across the road when school is not in session to make it less convenient for people to use as a short cut. 9 Planning Commission Minutes May 18,1998 Commissioner Smith was hesitant to put a facility for children on this former dump site. She wanted to know if the applicant has considered the long range ramifications of the site should toxic gases come up. This may harm the children in the future. Ms. Malane has not sought legal counsel, but the gas that comes from the land fill is not toxic. Their property is a very small part of the pit. An option would be to take all of the trash out and to refill it with clean dirt, or to put in systems that would detect any problems. They are in the process of working with the County on this, but it's hard to move forward without the assurance of the City's approval. The public hearing was closed. Commissioner Smith asked staff to address the land fill issues associated with this project. Mr. Donovan responded most of the land fill is on the north side of Villa Park Road, but staff believes there was an access ramp starting at Hewes, which dropped down into the property. There is a fan where the garbage begins to spread from the intersection to the northeast. As the applicant indicated, prior tests were done with soil borings to try to estimate what the extent of the garbage was when Villa Park Road was constructed, but they ended at a point pretty close to the roadway. Staff is not really sure what is down there, although they believe because it was so close to the roadway and because the pit had a gradual slope going down into it, the amount of garbage begins to thin from a maximum depth of 40 feet to maybe nothing, where there was earth placed over the top of the garbage when the landfill was closed. There are a number of different options to mitigate this problem. One is to remove the garba~e, which took place in the Rosewood tract. Another option is to build a network of vents beneath tne bUilding with a system of aeration tubes, either passive or active, meaning that it is pulled through the tubes by a fan and exhausted out through the roof of the building. The County has also talked about installing monitoring wells and drilling new wells along the edge of Villa Park Road to detect whether there is any migration of gas coming out of the property. The other option is to alarm the building with methane detectors, which has been done to the Huntington Beach Central Library. Commissioner Romero asked about the M-H zone vs. the R-3 zone. Mr. Donovan said there would be a public hearing because of the environmental circumstances and a major site plan review for both zoning classifications. Notice would be given to the neighbors. A day care facility cannot be built in the R1 zone, which is consistent with the area. Chairman Bosch was extremely concerned with what is under the ground. The AQMD and Waste District reported on other contents. And, the staff report mentions there is some ambiguity with regard to the remnant parcel of land near the southwest corner of the site. Mr. Donovan reviewed the County Assessor's Map and other tract maps and there may be an error in the preparation of the site plan. There doesn't appear to be a left over parcel from the records on file, but this is something that could be resolved through a civil engineer. Mr. Donovan also discussed the School District's comments. The mitigation fees that have been requested really apply when the zoning is changed to where there might be a potential for subsequent development to some other use. Mr. Reynolds followed up by stating Mr. Hartman asked that the impacts from the students generated by this project into the school facilities of the school district be fully mitigated, but he has not seen any documentation or evidence in the staff report submitted by the school district, nor from any testimony from Mr. Hartman that indicates what those impacts are from this project. The type of impacts being alluded to are really in the nature of fiscal impacts. CEQA does not cover those type of impacts. He did not see evidence that shows there is any impacts upon the school district. The school district's remedy is the statutory school fees that would be applicable to commercial and industrial development. If this project were built as a residential project, then the school fees would be different. Commissioner Carlton thought the exit from the pre-school needed to be addressed. It's very close to the traffic light. She wondered if consideration has been given to putting in a no left turn sign at the exit. Mr. Hohnbaum clarified there is a left hand turn pocket turning onto Hewes, and that location would have a conflict which would prohibit a left hand tuming movement out of the site. This will require more study. 10 Planning Commission Minutes May 18,1998 Chairman Bosch's personal viewpoint is that this is a wonderfully designed project. He's concerned about the environment for these young children though. He's very uncomfortable with what the results are going to be on what's under the ground, and how it is going to be mitigated. Villa Park Road is continually moving. From a structural and geotechnical point of view, a method could be found that an engineer would recommend to support the structure. But the bigger concern is the environment for the children at the site. It would be mce to identify what's the best possible use from a planning viewpoint for this piece of property. He is categorically against multi-family residential zoning in terms of the impacts to the surrounding neighborhood. He didn't feel comfortable with a commercial zone of any kind. It gets down to a lower level of residential zones and it appears the mobile home zone is one that would allow the pre-school, and that ties back to a safe site for the children. At this point, he's not comfortable with the negative declaration because they have not quantified what the extent of the problem is. The Commission concurred they were not comfortable with the unknowns of the soil. If the project were located in another place, there would be no problem. The best use of the property is questioned. They were willing to continue this item until further tests are made. Ms. Malane was willing to continue the project in order to make additional studies and tests, along with a specific plan as to how the results would be mitigated into levels of insignificance relative to the health and safety for the occupants of this use before approving the project. Moved by Commissioner Bosch, seconded by Commissioner Carlton, to continue General Plan Amendment 2-98, Pre-Zone Change 1195-98, Conditional Use Permit 2217-98 and Negative Declaration 1552-98 for 60 days to the meeting of July 20, 1998. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED The Commission suggested this was a good opportunity for the applicant to meet with the neighbors and to discuss some of the concerns. RECESS - The Chairman recessed the meeting at 10:45 p.m. RECONVENE - The meeting reconvened at 10:55 p.m. IN RE: NEW HEARINGS 9. CONDITIONAL USE PERMIT 2205-98 - THE MERIDIAN AT TOWN & COUNTRY (EWING PROPERTIES, INC.) A proposal to develop the northern half of the "Town & Country" shopping center with approximately 14,000 square feet of commercial space and 281 rental apartment units in four-story structures. The project site is addressed 777 South Main Street (Town & Country Shopping Center). Negative Declaration 1544-97 was prepared to evaluate the environmental impacts of this project. Mr. Donovan presented the staff report. A policy question is not only the issue of whether a mixed use might be approved in the commercial zone, but also at the density that is proposed by the applicant. The City does not have specific standards about mixes uses; the applicant is proposing a project of 56 dwelling units per acre. The General Plan and the higher density residential category only goes up to 24 units per acre, but there are a number of devices in the zoning ordinance where developers can exceed that in the R-3 and R-4 zones. In the commercial zone, the density really is not regulated by the General Plan. The property amounts to a little over six acres. The applicant is participating with the City in several street improvements, including widening Town and Country Road, and Main Street slightly by installing the sidewalk along the edge of the public right-of-way. The site is arranged with all of the 281 apartments taking access from a traffic signal on Town and Country Road. There is a parking structure that is already planned and designed for the back of the structure, where there were provisions for 491 parking spaces. The commercial frontage on Main Street will be developed with approximately 13,000 square feet of retail space. NOTE: 11 Planning Commission Minutes May 18,1998 A mitigated Negative Declaration has been circulated for the project and there have been some comments that have come in recently that must be addressed. The first letter is from Caltrans and it was part of the Commission's packet. Caltrans requested they would like to see the traffic impact analysis on freeway ramps and interchanges projected to 20 years from construction. Staff has done their best to accommodate every project that is on the horizon in the vicinity through the traffic study, including the Discovery Science Center, the Main Street Concourse in Santa Ana, the Main Place expansion and other recent developments in the City's limits. But, staff does not have a way of projecting beyond that except for the General Plan Update, which they will be undertaking in the future. The other issue is that the documents should include night lighting mitigation measures because the project is adjacent to State Route 22. The City needs to take steps to make sure that the lighting on the parking structure is reasonable and is not too intense. Caltrans is also referencing some advance planning projects, including a fixed guideway system on Main Street and a high occupancy vehicle lane on State Route 22, both of which are in preliminary design stages. The other comments received were from the Air Quality Management District. Attached to their letter are two pages out of their manual that has been published to help cities and counties consider air quality emissions for projects. Air Quality Management is looking at three different levels of impact. One is demolition activities, another is construction activities, and the daily operations, which would consider the daily trips of all the motorists in addition to the emissions caused from appliances such as water heaters, furnaces and fireplaces. There is an indication on the last page the project really isn't considered significant if it is less than 1.4 million square feet. Ewing's project is 345,000 square feet of new construction. There is also a threshold of 23.2 million cubic feet of building demolition. Ewing's project amounts to about 1 million. The project is clearly under those two thresholds. The third issue is a screen table for daily operations. AQMD points out there is a threshold of 261 units for an apartment project and this project is at 281 units. Staff feels this checklist does not address the other issues that are packaged in with the project. The study does not account for the benefits of a mixed use project of integrating residential development in a commercial environment. There is a theoretical reduction in the total amount of frequency and distance of automotive trips in a region by introducing residential units within a metropolitan business district. A bus stop is located on the opposite side of Town and Country Road in the commercial portion of the center. Traffic system improvements will also be made. This project will drop to a low level of significance once all the improvements are worked into an analysis. It's difficult to quantify the benefits of a mixed use project. Staff coordinated with the Orange County Transit Authority on the bus location for the site, and they preferred to keep the bus stop on the south side of Town and Country Road. Mr. Donovan spoke to the applicant, who pointed out they have concerns with condition 7 in that approval of the project does not constitute approval of the final site plan. They would like app'roval for phased construction for the commercial development, where one building (northern most bUilding on the site) would be permitted so that they could relocate an existing tenant before they proceed with the development of the apartment structures. Staff recommends to modify condition 7 by adding to the first sentence, "except for one commercial structure at the northwest corner of the site near Main Street." The public hearing was opened. Aoolicant. Jack Selman. 144 North Orange Street. is the architect for this project. They propose to build an urban mixed use project which is intended to serve young professionals who work in the surrounding areas. The project consists of two buildings that are four stories in height. The buildings will surround a court yard. The buildings are connected to a four-level garage structure at the rear of the property. Each parking level serves each floor of the apartments. Two new retail buildings are being proposed for the front of the property. The difference is not so much the intensity of each unit and its open space, but it is the height of the buildings. This is an excellent location for the additional density. Approximately half of the parking spaces for guests are located within the parking structure. It is balanced with 50% parking in the front and 50% in the rear. They need to check with AQMD regarding the thresholds for mixed use projects as this is not a typical apartment complex. The Commission asked about affordable housing for this development, to which Mr. Selman responded there has not been any consideration given to affordable housing. Ewing Properties does not plan on making this a condominium project and it is intended for the apartments to be upscale to attract the young professionals. Michael Pacillio. Vice President. Ewina Prooerties. Inc.. 14990 Landmark Boulevard #300. Dallas, said they have done several of these high density urban lifestyle type communities around the country. It's a new wave of apartment development that is taking shape. People who reside in these apartments are usually 12 Planning Commission Minutes May 18,1998 in their 40's with an average income of $80,000. This provides a living condition where someone can work, live and play at the same location. They are also offering home offices in the apartment building itself. They have no plans to convert the apartments to condominiums. These apartment structures are expensive to build, with the commercial type parking structure. They expect rents to range from $1,000 to $2,500 a month, with average rents from $1,300 to $1,500 for a one-bedroom apartment. There will be storage units on every balcony and patio, and they plan to put in a bicycle enclosure with limited access in the parking structure. Full-time security will not be provided at the apartment complex because it is not possible. Public Comments Four (4) peoole sooke in opposition: William Kunzman, 1111 Town and County Road. Mel Vernon, 2519 North French, Santa Ana. Stan Hartman, OUSD, 1411 North Handy Street. Michael Clark, 1111 Town and Country Road. They opposed the concept of the apartments at this location and viewed it as an incompatible land use. The area transitions from commercial to office use and to put in residential is out of character. There are traffic and parking concerns, as well as the concern of children playing in the existing parking lots and using the handicap ramps for skateboarding. It was suggested to widen the sidewalks to 8 feet and a 6 foot high block wall be placed between the two properties to discourage people from parking where they shouldn't. A traffic signal on Town and Country Road will increase the potential for stacking and will present a number of problems because of its proximity to Main Street and Parker. Bicycle racks also need to be provided as a mitigation measure for the AQMD. The OUSD requests the Commission exercise their discretion and recommend to the City Council that a mitigation agreement between the District and the developer be a condition of approval. Statutory fees are $1.93 per square foot and they ask that they not be restricted to $1.93 per square foot, but that there be a condition of approval to enter into a mitigation agreement. Mr. Reynolds stated the $1,147,323 quoted on page 2 of Mr. Aory's letter is not based on the statutory fee the school district is entitled to; it is a much higher number. As Mr. Hartman acknowledges, this is not the type of proposal where they can get any more than the statutory school fees. As pointed out in Item 11 of the Mitigated Negative Declaration, the exclusive means for the school district to mitigate any impacts upon the school district is by way of the statutory school fees, which is capped at $1.93 per square foot. So, Mr. Hartman is asking the Commission to condition the project on a mitigation agreement between the developer and the school district. That is not an appropriate means for the school district to suggest. Aoolicant's response Mr. Selman clarified they will be adding three feet to the existing sidewalk, along with building a new curb and gutter. They will be adding a new sidewalk up and down Town and Country Road, on both sides of the street, to City standards. The City of Santa Ana is also involved in this project through a joint powers agreement. They are complying with every mitigation measure in the traffic report. A wall on the east property would be a good separation between the two properties. Bike racks will be provided. Mr. Pacillio addressed the parking concerns of the people who spoke. He asked why would a resident want to park next door in an open area when the resident can park inside a limited access gate under covered parking. The number, 56 school children, is a number the school district came up with in their calculations. He believed single family housing caused more impact to the schools than the apartments. The type of product they are proposing has very little open space area and it is not promoting children's play. They are willing to pay any fees that they are obligated to pay under the law, but do not want to pay anything in addition to that, particularly when their project will have far less impact than the single family home down the street. The public hearing was closed. 13 Planning Commission Minutes May 18,1998 Commissioner Smith is intrigued by the idea of this type of mixed use development. She is put off by the density, but can miti~ate that by the fact that the buildings are 4 stories rather than 16 stories. She's in favor of presenting high-end, nice, pricey units, but someone also needs to advocate for affordable housing in the community. She suggested five or six units be made affordable. Commissioner Carlton liked the project and she felt the amenities will attract affluent young couples or room mates. This will be a good asset to the community. Commissioner Romero was not in favor of affordable units because it was not that type of complex. Chairman Bosch was in favor of the project and sees a need to encourage the Iive-work-play ethic. This is the place for this type of mixed use development. Proper protection, though, is needed for the adjacent property owners. The stipulation to a masonry wall on the east property line is a critical condition that should be applied. He didn't believe this is an incompatible land use because of the density and the mix of commercial and office uses that exist there. He is concerned about the traffic, striping, and signalization on Town and Country Road and how that works out. This is a far less intense traffic use for the site than what would be allowed there otherwise. The project is well designed and is in a good environment. The Chairman concurred with Mr. Reynolds' viewpoint on the school issue. Staff has not yet been given the resources to assist in solving the school district's problem. The school district's approach is not working and needs to be more realistic in identifying what the need is and how it will be resolved. The South Coast Air Quality Management District's information becomes part of the Mitigated Negative Declaration. Their guidelines show this project exceeds their recommended guidelines for identifying significant impacts in one out of three categories; not in demolition or total square footage, but only in the number of units by a fairly modest amount. Yet, the specific design and the report from the traffic study relative to identifying the benefits of mixed use on the project, reduction of the total amount of trips vs. commercial use on the site, including the reduction in trips from the commercial use currently on the site, the location relative to the existing transit and bus stops, the regional centers, offices, with recreational amenities on-site, and the current plans for a fixed guideway mass transit system immediately adjacent to the site, demonstrate that there are not only mitigation measures in the project design, but bUilt in to the regional transportation planning that more than offsets any potential impact. This needs to be specifically addressed into the Mitigated Negative Declaration as part of the record. Moved by Commissioner Bosch, seconded by Commissioner Carlton, to approve Mitigated Negative Declaration 1544-98 finding the project will not have a significant adverse impact on the environment or wildlife resources, based upon the initial study, the comments received during the public review process, including those In the May 14 South Coast Air Quality Management District's response and County of Orange Planning and Development Services' response of May 15, and through the specific mitigation measures attached to the project that there is not a non-mitigated significant adverse impact. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Romero, to approve Conditional Use Permit 2205-98 with conditions 1-15 included in the staff report, with the clarification to condition 7 that the site plan with re~ard to the residential portion of the site and the northwest commercial building on the commercial portion of the site constitute the specific site plan approval on the project, and recognize, however, that there may be a provision for optional configuration for the two corner buildings and adjacent parking subject to potential resolution of a long-term lease for the building currently on the northeast corner of Town and Country Road and Main Street. And, add condition 16 to provide a block wall along the east property line. And, add condition 17 to direct staff to work with the applicant to identify specific areas where bike racks and bike storage areas could be incorporated into the plan for both the commercial and residential sites. The conditional use permit is granted upon sound principles of land use and in response to services required by the community in that it provides a high quality residential environment in the area of major employment and commercial concentration, and major transportation asset to the community. It will not cause deterioration of bordering land uses or create special problems by virtue of mitigation measures built into the project relative to parking, provision of a block wall along the east property line, and through the relationship of the project to the adjacent land uses. It has been considered in relationship to its effect on the community or neighborhood plans for the area in which tho site is located. That area is the highest density utilizations in the City of Orange and in 14 Planning Commission Minutes May 18, 1998 adjacent Santa Ana, and this type of use is appropriate in support of the economic, living and work environment of the area. It's granted with conditions necessary to preserve the general welfare, not the individual welfare of the applicant. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED 10. CONDITIONAL USE PERMIT 2222-98; NEGATIVE DECLARATION 1556-98 - SOUTHERN CALIFORNIA CHRISTIAN SCHOOLS The applicant is requesting a conditional use permit to allow the establishment of a private school for a maximum of 180 junior high and high school students. The project site is addressed Northwest corner of Canal Street and Meats Avenue (Super Sports, 2190 Canal Street). Negative Declaration 1556-98 was prepared to evaluate the environmental impacts of this project. Chris Carnes, Associate Planner, stated the applicant is proposing to convert a portion of the Super Sports commercial-recreational facility to a private school. The proposal is to convert the former lower hockey area of the sports facility to class rooms and outdoor play and lunch area for the school. The proposal is for students in junior high and high school. Initially, they intend to start out this Fall with up to 120 students, with the request being for a maximum of 180 students at some future date. The site improvements include placing several modular structures over one of the former roller hockey fields for nine class rooms. It also includes adding some landscaping along Meats Avenue to screen the outdoor fields and the proposed modular structures. NOTE: The public hearing was opened. Kent Hawkins. one of the Directors of Sueer Seorts. 2190 Canal Street, introduced the applicant and briefly informed the Commission they have been working with Southern California Christian Schools for a couple of months in putting together a long-term plan for this site. Notices were sent to the residents within 200 feet of the facility inviting them to a neighborhood meeting last week. Rve neighbors attended the meeting and their questions were answered. Brvan Seltzer. 7445 East White Oak Ridae. is the Chairman of Southern California Christian Schools. This is an unique opportunity to relocate to the former Peralta Junior High School site on a long-term lease (15 years). The school operates during the daytime hours and they do not have a summer school program. The number of trips in and out of the site are extremely low. This will be a well-managed use of the site. Bob Jacot. 11651 Eudera Lane. Garden Grove. said they propose to put in six portable class room structures. The Building Department will be inspecting the installation of these State approved units. They agree to the conditions of approval in the staff report, and are aware the Design Review Board has not reviewed the layout or architectural design of the proposed modulars. Public Comments Jav Mahan. 18225 Via Madera. Yorba Linda. spoke in favor of this project. He felt this is a good Christian education environment and it will be a good influence on the community. Richard Elaas. 1032 Cumberland, represented close to 10 families in their neighborhood who were cautiously in favor of this project. The residents do not want bingo games at the site. A well defined CUP is request so that nothing is left open to interpretation. There is still beer and alcohol on the premises, as well as evasive lighting. Two police responses have been made because of the lights. Steve Edwards. 1106 Cumberland Road. is conditionally opposed to this project. He pointed out there are still a number of unresolved issues. The employees were collecting golf balls at 6:30 a.m., which he video taped. The neighbors are not opposed to the existence of a school, and it will be a welcomed addition to the facility, but they would like to see things fully addressed in the CUP. He has not seen any 15 Planning Commission Minutes May 18, 1998 visual plans of the layout of the class rooms. His concerns specifically relate to traffic, noise, a definition of the activities and hours of operation. ApDlicant's reSDonse Mr. Seltzer stated there will be no evening use at the facility by the school. At the neighborhood meeting, they had a site plan set up for the residents to view. There will be a reduced number of vehicles that will come in to park from previous uses. Their hours of operation will be from 8:00 a.m. to 4:30 p.m. Pick up and drop off of the students will be from Canal into the interior parking lot. They do not have bus service. They are not proposing to have bingo games at the facility. They were open to conditions relative to the management of amplified sound. They play football at the Orange-Olive site and they play baseball at Hart Park. The public hearing was closed. The Commission was in favor of this project; it's an excellent use of the facility. Separate parking needs to be designated for the school and noise control needs to be addressed as a condition of approval. This is a step in the right direction by putting someone else on the site who is of a different type of use and different sense of responsibilities involved. The school should not be limited to not allow summer school, if the management chooses to hold classes during the summer months. One of the conditions needs to be modified to state there shall be no classes on evenings or weekends. Moved by Commissioner Bosch, seconded by Commissioner Smith, to approve Negative Declaration 1556-98 and find that there is no substantial evidence that the project will have a significant impact on the environment or wildlife resources. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Moved by Commissioner Bosch, seconded by Commissioner Romero, to approve Conditional Use Permit 2222-98 with conditions 1-14 as indicated in the staff report, modifying condition 3: "Student activities and classes shall be limited to the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday. Staff activities may commence no earlier than 7:00 a.m. and must conclude by 6:00 p.m. There shall be no student activities or classes in the evenings or on weekends; however, adult or parent-student-teacher back to school nights, counseling sessions, or similar events, may be scheduled six (6) times per school year." Add condition 15 that there shall be no exterior public address speakers or public address system on the school site, or related to school operations. Add condition 16 that site lighting on the school grounds shall be limited to that required for personal safety and meet the City's Security Ordinance requirements. There shall be no lighting for recreational utilization of the site, including none for the new basketball and volleyball courts. Add condition 17 that prior to issuance of a building permit, the applicant shall provide the City with a fully executed lease, with language satisfactory to the City Attorney's office, which specifically identifies the parking spaces that the school is entitled to use. Also, this application requires submittal to the Design Review Board for both preliminary and final building and landscaping plans. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Romero, to adjourn to the next regularly scheduled meeting on June 1,1998. The meeting adjourned at 1:10 a.m. AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED Isld 16