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HomeMy WebLinkAbout5/2/1988 - Minutes PC4 ~ City of Orange Orange, California May 2, 1988 Monday - 7:00 p.m. The regular meeting of the City of Orange Planning Commission was called to order by Chairman Scott at 7:00 p.m. PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott ABSENT: None STAFF PRESENT: John Godlewski, Senior Planner & Commission Secretary; Ron Thompson, Director of Community Development; Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF APRIL 18, 1988 Moved by Commissioner Hart, seconded by Commissioner Master, that the Planning Commission approve the Minutes of April 18,-1988 as recorded. AYES: Commissioners Bosch, Greek, Hart, Master, Scott '; NOES: None MOTION CARRIED IN RE: ITEMS TO BE CONTINUED Staff received a request from the applicant of Conditional Use Permit 1670-88 (Oliver and Susan Newton) to continue the project to the meeting of June 20, 1988. Moved by Commissioner Hart, seconded by Commissioner Master, that. the Planning Commission postpone Conditional Use Permit .1670-88 to the meeting of June 20, 1988. AYES: Commissioners Bosch, Greek, Hart, Master, Scott NOES: None MOTION CARRIED IN RE: NEW HEARINGS CONDITIONAL USE PERMIT 1669-88 - JOHN FRASER Proposed Conditional Use Permit to allow the construction of a two story second unit in the RCD Overlay Zone on property located on the east side of Grand Street between Culver Avenue and LaVeta Avenue, addressed 413 South Grand Street. NOTE: This project is exempt from environmental review. -~- _ N~ww..,._ ~ .~. PLANNING COMMISSION MINUTES t Planning Commission Minutes May 2, 1988 - Page 2 A staff report was not presented as no one was opposed to the project. The public hearing was opened. John Fraser, applicant, 413 South Grand, said this property has been in his family for 40 years. A plan was approved in 1983. He was going to build a second unit for his mother; however, his mother passed away and he did not pursue the project. He now wants to build a second unit and realizes he lives in a historical district. He believes the new unit will benefit him and the surrounding properties. The public hearing was closed. Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission approve Conditional Use Permit 1669-88 subject to the staff's recommendations. AYES: Commissioners Bosch, NOES: None Commissioner Hart made his architecture which the City for the two story unit with monstrosity; however, it is Greek, Hart, Master, Scott MOTION CARRIED ~zsual statement regarding the has forced on the developers a blank wall. He feels it is a not the applicant's fault. Commissioner Bosch also commented the intent was to try to avoid visual intrusion upon neighboring yards from livable rooms within the second units; that does not preclude windows. It just means careful placement of windows and heights-for locations where the view would be controlled. He hopes a message could be relayed to the Design Review Board and to applicants to encourage the maintenance of privacy to adjacent parcels of land, but at the same time to encourage maximizing the use of windows within the limits of the energy conservation guidelines for residential housing. Chairman Scott added that he drove the neighborhood and there is nothing precluding a development of a single family home into a two story with windows on all four sides if so desired. Proper placement of windows would enhance the project than restricting it. IN RE: MISCELLANEOUS Three Proposed Redevelopment Plans - City of Orange ® Redevelopment .} r Planning Commission Minutes ' May 2, 1988 - Page 3 V 1. Tustin Street Expansion. 2. Southwest Expansion No. 2. 3. Northwest Project Area. Bert Yamasaki, Administrator, Economic Development Division, presented the staff report. Also present were Felicia Costa, Redevelopment Consultant, and Mark Huebsch, Legal Counsel to the Agency. State law mandates that the Planning Commission evaluate the Redevelopment Plans to see if it conforms and is consistent with the General Plan. Mr. Huebsch will guide the Commission through the evaluation of the facts to make a determination of whether the Plans are consistent with the General Plan and to also walk through the adoption process. Mr. Huebsch briefly described the Project Areas in general. The Redevelopment Plan adoption process has been underway since September, 1987. City Council established survey areas. Boundaries have been formulated, the draft Redevelopment Plan has been distributed to taxing agencies and interested parties. The draft Environmental Impact Report, after scoping meetings were noticed, has been circulated and joint public hearings will probably be set should the Council determine that on three different dates in June. One of the steps in the process involving the Planning Commission, apart from establishing the boundaries, is to review the Redevelopment Plan and a recommendation as to conformance and making a recommendation for or against the Plan, or no recommendation, if that is the pleasure, of Planning Commission. Mr. Huebsch also updated the Commission on the revisions to the Plans: Section 535, which deals with land uses, the words have been added at the end of line five - "in relation to residential uses." That is the same on each of the Plans. In Section 609, line five, a line has been added indicating that the period of land use controls is 40 years for uses other than residential uses. For residential uses the land use controls of the Plan shall apply for a period of 20 years. The purpose of that modification is a technical one and that is to better enable the Agency to provide housing. It is very difficult to have 40 year restrictions when dealing with subsidized housing. Chairman Scott asked if the life on tax increment for residential, regardless of whether it is low-income, is still 20 years? M Planning Commission Minutes May 2, 1988 - Page 4 Mr. Huebsch stated the period for land use restrictions for residential would be 20 years. All other uses would be 40 years. The period during which tax increment would be available on any uses is forty years. The idea behind it is that although land use restrictions on commercial and industrial can work for 40 year periods, when dealing with housing in a Project Area (dealing with below market available sites, assisted by the Agency with the low/moderate income housing fund, by the time it is income restricted to persons with very low income or moderate income for a 20 year period, it could be financed). If 40 years, it becomes impractical and impossible to finance. Chairman Scott made reference to a prior meeting and project where they conditioned it for the life of the project. Mr. Huebsch said any project could be restricted for a longer period by a transaction basis. Commissioner Bosch asked about other financing methods such as purchasing an annuity with Redevelopment funds or another vehicle might be available to extend even further land use restrictions? Mr. Huebsch responded yes; it is not the intent to limit affordability. The intent is to allow the flexibility to have a project be supported. Chairman Scott said they were debating on the prior project and believes they asked for a 79~ bonus density. It was motioned by the Commission that with the bonus density, it would be the life of the project or 40 years. Mr. Thompson felt the developer was in a quandary after the particular condition was made. Commissioner Hart had a conversation with the representative, who stated they are trying to live with the condition. Chairman Scott wanted to know at the end of the 20 years, would the property be re-zoned to a higher use. Mr. Huebsch said yes, but you would still be subject to the applicable zone in the applicable General Plan at that time. It could be the same or the City might change it at some later time. ® Conflicts of interest were discussed and Mr. Huebsch reviewed who should participate in the three Project Areas: - '-_ .:..,' .. _....._' . M..I~w.rrru.rr.iralir. ~..•-... Yl ~mm~~wfnwll.rwnr ,Planning Commission Minutes May 2, 1988 - Page 5 Tustin Street Project Area: Commissioners Bosch, Hart, Master. Southwest Project Area: Commissioners Bosch, Hart, Master. Northwest Project Area: Commissioners Bosch, Hart, (Master will be present for purposes of a quorum only). Commissioners were selected by a lottery vote on who would participate (except for Commissioner Hart): (1) Bosch, (2) Master, (3) Greek, and (4) Scott. Commissioner Master would be the silent participant to establish a quorum and Commissioners Greek and Scott would be the alternates, respectively. The FPPC rulings were explained regarding Plan adoption. 1. TUSTIN STREET The Resolution was presented to the Commission finding that the proposed Amendment No. One to the Tustin Street Redevelopment Plan conforms to the General Plan of the City of Orange, and recommending approval of Proposed Redevelopment Plan Amendment and revised added area boundaries. The revision is a clarification. One residential property appears to be outside the area on the map and is designated in red shown on Exhibit A (Northwest Corner of Washington and Tustin). Moved by Commissioner Bosch, seconded by Commissioner Master, that the Planning Commission found that the proposed Redevelopment Plan Amendment No. One to the Tustin Street Redevelopment Plan conforms to the General Plan for the City of Orange and recommended approval of the proposed Redevelopment Plan Amendment and revised added area boundaries. AYES: Commissioners Bosch, Hart, Master NOES: None ABSTAINED: Commissioners Greek, Scott MOTION CARRIED 2. SOUTHWEST REDEVELOPMENT PLAN The resolution was presented to the Commission finding that the proposed Redevelopment Plan Amendment No. Two to the Southwest Redevelopment Plan conforms to the General Plan of the City of Orange and recommending approval of Proposed Redevelopment Plan Amendment. There are no alterations to the boundaries. Planning Commission Minutes May 2, 1988 - Page 6 Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission found that the proposed Redevelopment Plan Amendment No. Two to the Southwest Redevelopment Plan conforms to the General Plan for the City of Orange and recommended approval of the proposed Redevelopment Plan Amendment. The Amended Plan proposes a Plan of conforming land uses and includes all highways and public facilities as indicated in the General Plan. The Amended Redevelopment Plan will assist in implementing the General Plan's goals and policies, and the essential part of the Amended Plan is that any future Redevelopment activity must be consistent with the City's adopted General Plan. AYES: Commissioners Bosch, Hart, Master NOES: None ABSTAINED: Commissioners Greek, Scott MOTION CARRIED Commissioner Master asked if this was the first Plan they were seeing involving eminent domain? Mr. Huebsch responded eminent domain was included in the original Tustin Plan and the original Southwest Plan -- not in Amendment No. One to the Southwest Plan. It is proposed to be included in all of the Plans and Amendments under consideration. Chairman Scott asked if this excluded residential structures? Mr. Huebsch stated the text does not exclude it. There is a Council policy reflected by Resolution that deals with the subject. 3. NORTHWEST REDEVELOPMENT PLAN Mr. Huebsch stated the Project Area excludes the R.J. Noble property, which was never annexed to the City of Orange. Moved by Commissioner Hart, seconded by Commissioner Bosch, that the Planning Commission found that the proposed Redevelopment Plan for the Northwest Redevelopment Project conforms to the General Plan for the City of Orange and recommended approval of the proposed Redevelopment Plan and revised Project Area boundaries. The Redevelopment Plan proposes a pattern of conforming land uses and includes all highways and public facilities indicated in the General Plan. The Redevelopment Plan will assist in implementing the General Plan goals and policies. An essential part of C ,..~ _ _ __ planning Commission Minutes May 2, 1988 - Page 7 the Redevelopment Plan is that any future redevelopment activity must be consistent with the City's adopted General Plan. AYES: Commissioners Bosch, Hart NOES: None ABSTAINED: Commissioners Greek, Master, Scott MOTION CARRIED Commissioner Master did not vote based on the advice of Legal Counsel. Mr. Yamasaki referred to the study session the Commissioners held last Monday. He took notes on the discussions relative to the Southwest Development Standards. Commissioners felt that any modification of the maximum or ideal standard should be heard by some kind of hearing body. And that body gives permission for the deviation from the ultimate or ideal so that mitigation measures in some other form could be required of the property owner who could not meet the ideal street standards. This was inadvertently left out of the report. Commissioner Bosch recollected part of that discussion. It was in two phases: one was relative to exploring the possibility of a staff member, similar to a Zoning Administrator, being able to look at the cases which are clearly in conformance; and the second was where Mr. Yamasaki mentioned it was apparent that it would not be practical to specifically follow the standards; that there would be an appeal, by means of a variance or other device, to the Planning Commission. Chairman Scott asked for an addendum to the report (including this information) and then forward it on to the City Council. Mr. Yamasaki responded affirmatively. The informal hearing for Southwest will be May 10, 1988. IN RE: OTHER 1. Mr. Thompson informed Planning Commissioners the City Council will be holding a work study session on the Santiago Project Tuesday night, May 3, 1988 at the Water Plant. The meeting begins at 7:30 p.m. 2. Chairman Scott received a communication from the Mayor requesting he appoint two members to the Ad Hoc Committee for the review of the Santiago Golf Planning Commission Minutes May 2, 1988 - Page 8 Course. He will notify the City Manager's office tomorrow of the two appointees: Randy Bosch and Carmine Master. They will serve on the advisory committee with Mayor Perez and Councilman Beyer. IN RE: ADJOURNMENT The meeting was adjourned to the next regular Planning Commission Meeting on May 16, 1988 at 7:00 p.m. The meeting adjourned at 7:40 p.m. /sld C G