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HomeMy WebLinkAbout08-03-1998 PC MinutesCd,A.d'C~G-; l.SO tJ . ~..:{. 3 MINUTES Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: IN RE:August 3,1998 Monday - 7:00 p.m.Commissioners Bosch, Pruett, Romero, Smith Commissioner Carlton Vern Jones, Planning Manager and Commission Secretary,John Godlewski. Senior Planner,Mary Binning, Assistant City Attorney,George Liang, Sr. Civil Engineer, and Sue Devlin, Recording Secretary i:~ : II bj [,'i'/ U ITEMS TO BE CONTINUED 1. GENERAL PLAN AMENDMENT 2-98; ZONE CHANGE 1195-98 AND CONDITIONAL USE P~MJ';fjJ J.,J.J;) -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 for proposed development of a children's day care facility. The project is located at the southeast corner of Villa Park RoadlSantiago Canyon Road and Hewes Street.Negative Declaration 1552-98 was prepared to evaluate the environmental impacts of this project. Applicant requests to continue this item to an unspecified date. NOTE: Moved by Commissioner Pruett, seconded by Commissioner Smith, to continue General Plan Amendment 2-98, Zone Change 1195-98 and Conditional Use Permit 2217-98 to an unspecified date. AYES:NOES:ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 2. MAJOR SITE PLAN REVIEW 59-98 - TUSTIN & COLLINS CORNING DEVELOPMENT (ORANGE CENTER)A proposal to demolish a 1,200 sq. ft. retail building and construct a new 7,386 sq. ft. retail development.The site is located at 940 North Tustin Street.Negative Declaration 1567-98 was prepared to evaluate the environmental impacts of this project.Applicant requests to continue this item to August 17, 1998.NOTE:Moved by Commissioner Smith, seconded by Commissioner Romero, to continue Major Site Plan Review 59-98 to the meeting of August 17. 1998.AYES:NOES:ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Planning Commission Minutes August 3, 1998 IN RE:CONSENT CALENDAR 3. APPROVAL OF MINUTES FOR THE MEETING OF JULY 20,1998 Moved by Commissioner Pruett, seconded by Commissioner Smith, to approve the Minutes of July 20, 1998, as written. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE:NEW HEARING 4. CONDITIONAL USE PERMIT 2232-98 - HOWARD MORGAN A proposal to construct an accessory second housing unit on a property that currently contains an existing single family residence. The site is located at 835 North Lincoln Street. NOTE:This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301. There was no opposition to this item; therefore, the full reading of the staff report was waived. The public hearing was opened. Aoolicant. Howard MorQan, 835 North Lincoln. explained that he and his wife want to remodel this house for their son and new wife, and add a second unit for themselves. They're adding on to the garage, and putting the second unit above the additional garage space. The building is all under the same roof; the breezeway connects all buildings together. They have met all the requirements, including some additional conditions to protect the neighbor to the south. The public hearing was closed. Chairman Bosch thought the design to improve the overall residence is an extraordinary benefit to the community in terms of the more contemporary style. The elimination of the balcony has helped substantially, and with the two windows, to the south from the second floor bedroom, utilizing obscured glass solves the potential privacy problem. He would much rather have that than a blank wall on the second floor. He was a bit concerned about the size in terms of the length of the wall, but at the same time, it meets the development standards. He applauded the design, including the primary residence. Commissioner Pruett also thought it is very well designed, and will add to the neighborhood. It was noted the project is categorically exempt from CEQA review. Moved by Commissioner Bosch, seconded by Commissioner Pruett, to recommend to the City Council to approve Conditional Use Permit 2232-98 with the five conditions of approval listed in the staff report,which includes the recommendations, upon approval, of the Design Review Board. AYES: NOES: ABSENT:Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Planning Commission Minutes August 3, 1998 IN RE:MISCELLANEOUS 5. STAFF REVIEW COMMITTEE APPEAL #443 - FISHER & ASSOCIATES An appeal of the Staff Review Committee denial of a request for subdivision of a parcel (Parcel Map 97-226) and creation of a parcel without direct access to a public street (Minor Site Plan Review 50- 98).No one was present in opposition to this item; therefore, the full presentation of the staff report was waived.The public hearing was opened.Dan Hosseinzadeh. Hunsaker & Associates. 3 Huahes. Irvine. represented The Regency sign company.This is a simple subdivision of a triangular shaped parcel from the existing bowling alley. The sign age is already existing. The subdivision will separate the two parcels and will give the liability and maintenance of the sign to The Regency sign company. Planning staff is concerned about the future use of the property.He suggested placing restrictions on the property prohibiting future development.Chairman Bosch wanted to know who represents the existing property owner. He was not able to find their authorization to enter into this transaction.Both agents were present and they represented the sign company and the bowling alley in this matter.Commissioner Smith finds it unusual that the property owner is not present as part of the public process.She is reluctant to move forward without something in writing from the owner regarding this project.Madison Soach. 4695 MacArthur Court. #1200. Newoort Beach. represents Mr. Fisher and he assured the Commission that the property owner is agreeable to this transaction. However, he also understands the concern about having something in writing to verify that. He is willing to continue the matter to provide a written verification. He felt this is a simple transaction; there is no detriment to splitting the property. He also said staff's concerns can be eliminated by having an agreement to have no other development on the property. There is no intent by Regency to segregate out this parcel in order to put up some kind of development. They only want to isolate the property in order to gain the sole liability and responsibility for maintenance and upkeep. The reciprocal easements have been agreed to as well. Both parties agreed that if the sign ultimately comes down, or the property is no longer being used for sign age, the parcel could be reconveyed back to the bowling alley.Commissioner Pruett addressed the liability issues and thought there were other avenues available rather than splitting the lot. His concern in splitting the lot is creating a lot that is not going to have any building on it, or any type of commercial activity. By not having a care taker on site. there is no assurance the lot will be properly maintained and it might become a public nuisance.Chairman Bosch said a recorded deed restriction would need to be accepted and approved by the Commission and City Attorney's Office. He is also concerned about the maintenance issues and a precedent of setting the City up to maintain private property in terms of default. He was not comfortable with putting the City into that liability position. He did not understand the advantage of the lot split.Mr. Spach replied Regency prefers to own the parcel where their sign is located. This gives them better control of maintenance.The public hearing was closed. Planning Commission Minutes August 3, 1998 The Commission and staff discussed the City's position on the proposed subdivision. The City Attorney's Office referred to the Government Code section that denies parcel maps if development is found not to be acceptable. Commissioner Pruett thought the Staff Review Committee's action was appropriate. The only thing he would add is the issue of the property being set up to be a potential maintenance problem or an attractive nuisance. By having the owner on site, it keeps issues under control. Chairman Bosch felt the City should not be in the business of guaranteeing maintenance on private property for the convenience of the applicant. There is no public benefit to be gained in doing the subdivision; it's more likely to create problems that will potentially damage and cause serious public health problems. Commissioner Smith didn't think it was right to separate the ingress and egress from such a large property that it is attadled to right now. Moved by Commissioner Pruett, seconded by Commissioner Bosch, to deny Appeal #443. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 6. SITE PLAN REVIEW - CHAPMAN UNIVERSITY Request for temporary placement and use of a modular classroom structure at the northeast corner of Walnut Avenue and Center Street.AI McQuilkin. Director of Facilities Manaaement at ChaDman University. said they were under construction on their Business & Information Technology building and also the Law School. They had hoped that the BIT building would have been completed by the Fall semester. That's not the case and they have run into some delays. The building will not be completed until late October or early November, and they need to have some additional classroom space. They are requesting this modular unit under the guidelines of the Specific Plan to meet a very short-term need. In addition to the number of available parking spaces mentioned in the staff report, they also have additional parking on the north side, adjacent to the Hall and maintenance facility. They don't anticipate on having a parking problem because last year they added approximately 60 spaces to the residence hall parking lot. And, they have completed various parking improvements on Orange Street and in the stadium lot. They hope to have their parking structure completed the first week in September, which will add 700 parking spaces to the campus. Commissioner Smith asked if Chapman University informed their neighbors on Shaffer Street about the proposal. A letter was sent to all neighbors on Shaffer Street, adjacent to the site. Carole Walters spoke with Chapman University in response to the notification. Moved by Commissioner Bosch, seconded by Commissioner Pruett, that the Planning Commission determines that the project is compatible with other projects within the Chapman University Specific Plan area, and is compatible with the regulations and Design Guidelines of the Chapman University Specific Plan, and that the site plan conforms to a General Plan in implementing ordinances; therefore, the Planning Commission moves to determine that the project is categorically exempt from the California Environmental Quality Act per State CEQA Guidelines Section 15314, and approves the site plan review request, including conditions 1 through 5. as iterated in the staff report. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 4 Planning Commission Minutes August 3, 1998 IN RE:ADJOURNMENT Moved by Commissioner Romero, seconded by Commissioner Pruett, to adjourn to the next regularly scheduled meeting on August 17, 1998. The meeting adjoumed at 7:45 p.m. AYES: NOES: ABSENT: Commissioners Bosch, Pruett, Romero. Smith None Commissioner Carlton MOTION CARRIED Isld 5