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HomeMy WebLinkAbout05-17-1999 PC MinutesCaS5;~ C-d 5bD ,(~.;). 3 MINUTES Planning Commission City of Orange May 17, 1999 Monday - 7:00 p.m. PRESENT:Commissioners Bosch, Carlton, Romero, Smith ABSENT: STAFF PRESENT: Commissioner Pruett John Godlewski, Principal Planner, Mary Binning, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer, and Sue Devlin, Recording Secretary II n ~ l-, ES 1;:"i"" b J:i1J J.J.CJ -IN RE: CONSENT CALENDAR 1. Approval of the Minutes from the Regular Meeting of May 3, 1999.MOTION Moved by Commissioner Smith, seconded by Commissioner Carlton, to approve the Minutes of May 3,1999.AYES: NOES: ABSENT: Commissioners Bosch, Carlton, Romero, Smith None Commissioner Pruett MOTION CARRIED INRE:NEW HEARINGS 2. CONDITIONAL USE PERMIT 2285-99 - TIE THE KNOT THAI CUISINE A request to allow the on-site sale of beer and wine at an existing restaurant. The site is located at 1812 North Tustin Street.NOTE: This project is categorically exempt from the provisions 01 the California Environmental Quality Act, per State CEQA Guidelines Section 15303.There was no opposition to this item and the lull presentation 01 the staff report was waived.The public hearing was opened.Melissa Hemandez. represented the applicants, Stanley'and Nisanat Sheldon. 1812 North Tustin. They are requesting approval 01 their conditional use permit to allow the on-slte sale 01 beer and wine. The sale 01 beer and wine will not contribute to any deterioration 01 the surrounding neighborhood. They wish to serve beer and wine to compliment the meals. The owners agree to all conditions 01 ARC., the Police Department and the conditional use permit. The public hearing was closed. It was noted the project is categorically exempt lrom CEQA review. ' 1 Planning Commission Minutes May 17,1999 MOTION Moved by Commissioner Romero, seconded by Commissioner Smith, to approve Conditional Use Permit 2285-99 with conditions 1 through 8, finding that it is granted upon sound principles 01 land use and in response to services required by the community. It will not cause deterioration 01 bordering land uses or create special problems lor the area in which it is located. 11 is considered in relationship to its effect on the community and neighborhood plan in which it is located and it is made subject to those conditions necessary to preserve the general welfare, not the individual weifare 01 any particular applicant. AYES: NOES: ABSENT:Commissioners Bosch, Carlton, Smith, Romero None Commissioner Pruett MOTION CARRIED 3. CONDITIONAL USE PERMIT 2288-99 AND VARIANCE 2061-99 - CREEK VIEW SENIOR COMMUNITY A request to allow the construction and operation 01 a 70 unit senior citizen apartment. The application is lor a density bonus, a reduction in required on-site parking, and additional building height. The site is located at 353 South Tustin Street.NOTE:This project is categorically exempt lrom the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15332.Chris Cames, staff planner, stated the applicant is proposing to construct a 70- unit apartment building that will be restricted exclusively to senior citizens. Twenty percent (20%) 01 the units will be rented to low income households. State law delines households 01 low income as making eighty percent (80%) or less 01 the median income in Orange County.The specilics 01 the conditional use permit request is to allow a senior citizen use on the property. Part 01 that request, allowed by State law, is a density bonus 01 twenty-live percent ( 25%), and an exception to one 01 the City's development standards that apply to the project. The applicant has chosen to exceed the maximum lloor area ratio 01 the property. The request also includes lor additional building height. The rear portion 01 the building is three (3) stories that is within 120 leet 01 residentially zoned properties. The Ordinance only allows two (2) stories, or a maximum height 01 32 leet within 120 leet 01 residential zoned properties. The varlance request is lor the number 01 parking spaces and lor a reduction in the outdoor recreational area.Commissioner Smith asked if there were different levels 01 area median household incomes lor Orange County.Mr. Carnes replied the ordinance allows the applicant to either provide ten percent ( 10%), 7 units, to very low income households, or twenty percent (20%), 14 units, to low income households. There is a third level 01 very, very low income. All tigures are calculated by HUD. The zoning ordinance only allows either low income, or very low income households; it does not include the very, very low income level. The public hearing was opened.Applicant. Leon Hvter. 1001 Dove Street. #290. Newport Beach. showed the Commission renderings 01 the senior citizen project. They are building a similar project in Cypress. They keep and hold on to their projects. They put extra quality into their buildings and have added larger living units lor the senior's convenience. He leels there is a critical demand lor senior housing in Orange. They have talked to the church next door, and they are pleased with the proposed development. A common drive will be used by the church and the senior citizen project. They have their own bus to use lor transportation, but it will not be parked at the site. They will be planning many Planning Commission Minutes May 17,1999 Parking should not be a problem, because many 01 the seniors do not have cars. They have read the conditions 01 approval and concur with them. These units are to be rented by senior citizens, 62 years of age and older. There might be an exception lor a spouse who is not 62 years old. However, children are not allowed in this adult complex. Commissioner Cartton asked about the size of the pool and where the jacuzzi is located. The Commission did not have a landscape plan or plan that shows the site design. She also wanted to know whem the laundry rooms were. Mr. Hyler described the narrow pool which will be used lor aerobics. The jacuzzi and gazebo are located in the area of the pool. A shuffle board court will also be provided on the north side 01 the building, in the side yard. Richard Hanson. 15 Chelsea Pointe. Dana Point, explained that the laundry rooms were located on the 2nd and 3rd Iloors over the trash room which is located on the 1 st floor. A laundry room is not located on the 1 st floor. They have not considered putting stacked laundry units in each apartment. If the Commission wants a laundry room on the 1st floor, they can provide one. Commissioner Romero asked if there would be additional storage space outside 01 the individual units. Mr. Hanson said there were two (2) large rooms (20 x 20) on the 2nd and 3rd floors, above the meter rooms, that can be used lor storage. Commissioner Romero wanted the applicant's comments regarding the 100% increase in ,the number of units, reduced parking and a reduction in the recreational area. Mr. Hyler responded the Design Review Soard wanted to see quite a bit 01 landscaping in the parking area. They can put in two (2) or three (3) more parking spaces, but the DRB prelerred additional landscaping. And, they leelthey are providing more than adequate pal"king. They have a very nice court yard in addition to the pool area. They are asking lor 48 units to the acre, and they are very close to thE! 1 : 1 parking. They are providing a building that will be very effective. Commissioner Smith wanted to know the rents lor these units. ' Mr. Hyler stated the rents will be $n5 to $795 lor the 1-bedroom units, $850 to $895 lor the 1-bedroom +den units, and $925 lorthe 2- bedroom/2-bath units.Bret Hvter is the property manager lor their other senior projects. He explained the different activities and lield trips that are coordinated through their recreation director.Chairman Bosch explained the Commission is at a disadvantage in that they did not receive copies 01 the landscape plan. He stated the City's ordinance requires that the applicant provide at leastthe twenty percent (20"k) affordable housing, and they are requesting the bonus: There are rent limitations thai are set lorth in the staff report on Page 8. 'Mr. Hyler quoted the market rate rents and realizes it does not include the affordable units.Chairman Bosch talked about the variance that was being requested. The Commission must make lindings with regard to the variance that indicates that the proposed relaxation 01 a development standard isn~ done solely lor the benelit 01 the property owner, but is in response to hardships that are on the property. He didn~ see a clear argument lor the variance. One could look lor a request lor a reduction in the zoning requirements based upon the increased amount 01 affordable units. He addressed the height limit of the building and wanted the architect to Planning Commission Minutes May 17, 1999 Mr. Hyler said they could come up with the extra five (5) parking spaces. However, it would be a considerable hardship to provide additional affordable units. Mr. Hanson thought they could come down lour (4) or five (5) "Ieet in height. The height isn't in the majority 01 the building, but only in a couple 01 places. The balance is below the City's requirement. The intent is to punctuate the building. Public Comments: Ferdie Franklin, Jr.. 1 Citv Boulevard West. 5th Roar, provided a letter to the Commission 01 his objections to this project. He leels the developer has taken advantage 01 certain incentives that are offered to encourage a senior citizen project. There is no justification lor the additional concessions the developer is requesting. In his experience, all 01 these developments are marketed as 100% senior citizens. He asked the Commission to consider the precedent that granting this application as presently proposed would set. There is nothing about this parcel that justilies the additional concessions, especially the high density. If this application is approved, how is the City in a position to compose any greater restrictions on anybody else. There is nothing about this parcel that requires the City to make concessions to get a nice development built there. Applicant's response: Mr. Hyler said there is a possibility they could redesign the project to reduce the number 01 units to 68. Commissioner Smith would like to see more low income households served, or even the very low income households be considered. Mr. Hyler would rather add to the low income units than provide lor the very low income to avoid redesigning the entire project. He's willing to add live percent (5%) or three (3), possibly lour (4) more units. Commissioner Carlton wanted someone to explain to her how they were going to provide storage rooms and a laundry area She would like to see a lloor plan lor each lloor. Mr. Hanson said the laundry rooms were by the trash rooms, and he pointed out where the storage rooms were proposed. There is enough room on the 1st floor near the trash area, to accommodate a laundry room. They will meet the code requirements lor the washers and dryers at this lacility. He also stated there is a beauty salon and litness room on the 2nd floor. The Commission discussed the different plans, the high raised ceilings or vaulted ceilings, and the roof line 01 the building. They would like to see the 1:1 parking ratio. The public hearing was closed. Chairman Bosch is concerned with the amenities and increase in density over and above the thresholds that were set. There is a short lall on the outdoor open space and that is critical. Parking is a concern and he hopes the bus is parked elsewhere because access should be reserved lor people in private vehicles. He is notin lavorol a variance lor relaxing the one (1) per unit parking. He didn't know if the reduction 01 two (2) units is enough. There needs to be lewer units and more low income housing. The floor area ratio incentive that is being requested lor the trade off lor the twenty percent (20%) affordable housing and twenty-live percent (25%) density bonus also comes down a bit with the reduction in the number 01 units.The height is a great concern to him. He supports the idea 01 a vertical articulation 01 the lacade to avoid too much uniformity to it, but he has a serious problem with trying to set too many precedents with regard to the height. He appreciates the idea 01 nine (9) loot ceilings, particularly in the recreation room, but on the other hand, he's concerned that perhaps there might be an investigation lor volume ceilings on the upper floor, rather than setting a nine (9) loot plate height. If there is a way to oflset loss of height on the Planning Commission Minutes May 17,1999 3rd lloor without losing the height in the large activity room and avoid the variance that is what he's looking for. The applicant's offer to put in a laundry room on the 1st floor is essential and must happen. If the variances can be avoided, the density becomes the key issue. They must look at the increased value to the community with regard to the additional low income housing. He needs to see how that ratio works to pull it together. There is a corridor on the north elevation with some pop outs to help give some definition to that side. II's still a huge, blank wall lacing the adjacent properties. That deserves more articulation and he encouraged that Irom a design viewpoint. Commissioner Carlton thought there were too many units. She would like to see plans for all three (3) floors. It's a detriment to the applicant not to see a complete set 01 plans. Commissioner Smith said the project does set a precedent il all 01 those concessions are granted. They are self-imposed hardships. For an increase in the number 01 units and the FAR., more low income units need to be offered back to the community. That sets a precedent and sends a message to other builders.She would like to see the plans re-configured with decreased units, increased low income affordable units, a plan 01 all three (3) floors to compare that with the other good projects in Orange. She is in tavor of senior housing and would like to see the project continued.The Commission asked the applicant if he were willing to consider a continuance, to reconfigure their plans and to reconsider the variance. Mr. Hyler agreed to continue the project until June 21, 1999. They will come back with a plan lor 68 units and will work on the parking to meet the 1: 1 ratio.Chairman Bosch warned it was important to understand that the Commission didn't lind any basis lor any findings lor a variance. It is critical to find a way to avoid a variance. The only way to modify or relax the zoning standard without a variance is to provide additional affordability. And, it will take more than twCi (2)units. He suggested the applicant work with staff to be sure that they identify where the property line is, if different Irom that shown on the plans and everyone has the same understanding 01 the City' s ordinance with regard to the delinition 01 density.MOTION Moved by Commissioner Smith, seconded by Commissioner Carlton, to continue Conditional Use Permit 2288-99 and Variance 2061-99 to the meeting 01 June 21, 1999.AYES:NOES:ABSENT:Commissioners Bosch, Carlton, Smith, Romero None Commissioner Pruett MOTION CARRIED Commissioner Smith stated the Commission has not given a clear directive that reducing the number 01 units to 68 will work - it may not. If there is any way to reduce the units lurther, that wouldn~ be a bad thing because the density needs to be reduced. IN RE:ADJOURNMENT Moved by Commissioner Carlton, seconded by Commissioner Smith, to adjourn at 8: 40 p. m. AYES:NOES:ABSENT:Commissioners Bosch, Carlton, Smith, Romero None Commissioner Pruett MOTION