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.
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PLANNING COMMISSION MINUTES
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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
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Planning Commission Minutes
' May 2, 1988 - Page 3
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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?
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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:
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,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
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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.
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