HomeMy WebLinkAbout4/7/1980 - Minutes PCPLANNING COMMISSION
City of Orange
Orange, California
April 7, 1980
Monday, 7:30 p.m.
The regular meeting of the Orange City Planning (:ommission was called to order by
Chairman Coontz at 7 : 30 p , m.
PRESENT: Commissioners Coontz, Ault, Hart, Master, Mickelson
ABSENT: Commissioners none
STAFF
PRESENT: Jere P. Murphy, Administrator of Current Planning and Commission
Secretary; Stan Soo-Hoo, Associate Planner; Gary Johnson, City
Engineer; Gene Minshew, Assistant City Attorney, Bert Yamasaki ,
Director of Planning & Development Services; Lon Cahill, Fire
Prevention Bureau; Doris Ofsthun, Recording Secretary.
PLEDGE OF ALLEGIANCE TO THE FLAG.
IN RE: APPROVAL OF MINUTES FOR MARCH 17, 1980
Commissioner Master asked for corrections to the minutes to read as
follows: Page 12, Paragraph 3, second sentence: Add the word "signal"
after ...the tower will receive - and after ...the earth dish receives -.
Page 14, Paragraph 3, first sentence: Add the word, "monument" after
the word, "Spires".
Moved by Commissioner Hart, seconded by Commissioner Ault to approve
the minutes as corrected.
AYES: Commissioners Coontz,
NOES: Commissioners none
ABSENT: Commissioners none
IN RE: CONSENT CALENDAR
PLANNING (;OMMISSION
Ault, Hart, Master, Mickelson
MOTION CARRIED
Jere Murphy presented a letter from Rancho Santiago Community College
District, requesting that the Planning Commission investigate, as
required by State law, the District's proposed acquisition of 30 acres
in east Orange for a new college instructional facility. Mr. Murphy
stated that Dr. Armstrong was in the audience to answer any questions
that the Commission might wish to ask. He pointed out that the Staff
is preparing a resolution accepting the decision to acquire the pro-
posed 30 acres in east Orange fora new college instructional facility.
Moved by Commissioner Mickelson, seconded by Commissioner Ault to
receive this item on the Consent Calendar and approve the resolution
as prepared by the Staff.
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN:
Item #3 under "Continued Hearings" - ZONE CHANGE 921, TENTATIVE TRACT
10949, CONDITIONAL USE PERMIT 1017 - SAND DOLLAR DEVELOPMENT -
Applicant met last Wednesday night with the people in that local area
and has made modifications to this plan. Staff has not had the
opportunity to review the revised plan and, therefore, has asked the
applicant to request a continuance for two weeks to the next regular
Planning Commission meeting on April 21, 1980. It was pointed out
that there is no tract map available at this time.
Chairman Coontz explained to the audience why there is a continuance
being requested.
Ray Longbotham, 4433 E. Justice Circle, Orange, addressed the Commission
regardi ng thi s i tem, que>,~ti oni ng why there i sn' t an Environmental Impact
Report on this property. The homeowners in this area think that traffic
is going to create quite a problem and would like to see an outside
study made on it.
Planning Commission Minutes
Apri 1 7, 1980
Page Two
Chairman Coontz explained that the Staff indicates that there is a
Negative Declaration on this item. She stated that she was not sure
whether this is the time to address this question when they are con-
si deri ng an extensi on. Mr. Murphy reminded the Commission that they
had requested a traffic review and this will be provided prior to
the next meeting. They didn't have a tract map to review and couldn't
provide the information at this time.
Mr. Longbotham wanted to know what kind of report this is and how it
is compared to an Environmental Impact Report. Chairman Coontz
explained that the Traffic Engineer will send a memo to Staff regarding
what his findings are. She also explained further that the Staff had
indicated that there isn't any need for an Environmental Impact Report.
But that doesn't mean that the Commission can't receive a memo that
covers one aspect of the EIR.
Mike Cook, 358 S. Liberty, Orange, addressed the Commission, stating
that he lives in the tract adjacent to Hewes and was concerned with
regard to an Environmental Impact Report, with the fact that there
are other apartment buildings in the area and he thought an Environ-
mental Impact Report might be needed to cover the school situation in
the area, and also the fire and police protection.
Chairman Coontz explaine d that this can be added to the question of
the school availability plan - can be added to the application. Usually
this is covered in the application. However, this doesn't mean there
must be a full blown Environmental Impact Report.
Mr. Murphy explained that in terms of the items spoken to by Mr. Cook,
the School District has prepared a response regarding students. There
will be no specific response with regard to the police and fire services
unless the Planning Commission asks for that information.
Moved by Commissioner Hart, seconded by Commissioner Ault to continue
this item to April 21st.
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
Commissioner Mickelson commented that it was his unde rstanding of the
Environmental Impact situation that this is submitted to Staff to
determine whether an Environmental Impact Report is required. In this
case, their determination was that it was not. Apparently they decided
that all of these items had been covered in their report or that they
were not significant enough to be covered in an Environmental Impact
Report. However, the staff committee and the Commission have the right
to disagree on this,
IN RE: CONTINUED HEARINGS:
AMENDMENT 13-79 - CITY OF ORANGE:
An amendment to Article IX of the Orange Municipal Code to adopt
modifications incorporating own-your-own lots, encourage new parks,
adopt subdivision conversion regulations, rezone existing parks to
interim preservation zoning until permanent designation is made, and
adopt policies to promote mobile home subdivisions. (Continued from
meeting of March 3, 1980.)
It was explained that Staff had prepared a study consisting of three
revisions to the Municipal Code in the area of own-your-own lot
regulations, mobile home park subdivision regulations and amendments
to the mobile home park district to facilitate new mobile home parks,
as well as preparing a study with regard to the question of rezoning
of existing mobile home parks in the City of Orange to provide a
public hearing process for the residents of those parks when conversion
to other uses is proposed. The state law is definitely being proposed
for amendment and has been amended recently to include modification of
Planning Commission Minutes
Apri 1 7, 1980
Page Three
conversions of mobile home parks to other uses and public hearings are
required by the local agencies. He pointed out that the Commission has
the alternative of requiring a public hearing as a matter of the
conversion process and thereby the state law would go into effect that
would require notification of residents within mobile home parks. That
section of state law is still being looked at at this time.
He explained that the Planning Commission held a study session on March
24 and that they should thereby make recommendation to the City Council
with regard to these ordinance changes, as well as a recommendation for
a requirement for a public hearing prior to the conversion of existing
mobile home parks to other uses or any other laternative that the
Commission feels is appropriate in that area.
Since there was no one in the audience wishing to speak to this matter,
Commissioner Mickelson suggested that the agenda be taken out of orde r
so that the people who were there for other items on the agenda would
not have to wait too long for their item to come up.
By consent of the Commission members, Items 1 and 2, Amendment 13-79
and Amendment 1-80, were moved to the end of the agenda.
IN RE: NEW HEARINGS:
ZONE CHANGE 924 - MANGANO RUMNEY, INC.
A request for rezoning from RM-7 to 0-P for property located on the
south side of Chapman Avenue, west of Crawford Canyon Road. (Note:
Negative Declaration 578 has been previously approved and no further
Envi ronmental Rei vew i s required. )
Stan Soo-Hoo made the presentation for the staff on this application,
explaining that the subject property is a rectangular shaped parcel
of land containing .41 acre of land located on the south side of
Chapman Avenue, approximately 250 feet west of the center line of
Crawford Canyon Road, which contains two parcels. The parcel to the
east of the subject prope rty was rezoned to 0-P in January, 1980.
At that time, Staff suggested that the present parcel be rezoned.
However, the owner of the subject property did not own it at that time
and there was objection by the previous owner to the rezoning so it
was dropped. The applicant has purchased both the subject parcel, as
well as the parcel to the east, and proposes to construct two similar
two-story office-professional buildings. The buildings would contain
approximately 7,000 square feet of gross floor area and share a common
driveway with a 30 foot width. The applicant proposes 29 parking
spaces for the building on the subject property and 28 spaces for the
adjacent building. (The Code requires a minimum of 28 spaces for each
building.) The parking spaces would be located in the rear of each
building and exit northward to Chapman via the common driveway.
Since the proposal conforms to Staff's original recommendation to
include the subject parcel in a previous zone change, Staff recommends
approval of Zone Change 924.
Chairman Coontz opened the public hearing.
The applicant, Tim Forhan, 174 S. Orange Street, Orange, addressed the
Commission in favor of the application. He stated that he had nothing
to add to the presentation, but was available to answer any questions
the Commission might have.
Since there was no one else to speak to this issue, the Chairman closed
the public hearing.
Planning Commission Minutes
Apri 1 7, 1980
Page Four
Moved by Commissioner Ault, seconded by Commissioner Hart to recommend
approval of Zone Change 924 for reasons outlined by Staff.
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
ZONE CHANGE 925, CONDITIONAL USE PERMIT 1024, TENTATIVE
TRACT 9608 - BROOKS:
Request for rezoning from A-1 to R-1-6, R-1-10, R-1-20, RD-6,
and R-0 and to allow creation of 134 single family lots and five
lots for future Planned Unit Developments and to allow lots without
frontage on a public street for property located north of the northerly
terminus of Crawford Canyon Road and south of the southerly terminus
of Cannon Street. (Note: Environmental Impact Report 496 has been
amended for this project.)
Stan Soo-Hoo made the presentation for the staff on this application.
He explained that this is a request to allow development of the balance
of the Jones Ranch by rezoning for residential purposes, and also for
approval of a conditional use permit for 134 lots for single family
development, as well as five lots for future townhouse development.
He pointed out that in January of this year, the City Council reviewed
this application and found it to be in agreement with the General Plan.
In addition to the single family homes and the five lots for future
development of townhouses, a great majority of the open space areas
proposed would be conveyed to a private non-profit organization which
would maintain it in its existing state for public open space recreational
purposes. Lots designated C and J on the tentative tract map would be
conveyed for this purpose.
The applicant is requesting approval of Tentative Tract Map 9608 for
creation of the lots; Conditional Use Permit 1024 to allow some of the
proposed lots without frontage to a public street; and Zone Change 925
to rezone various lots to appropriate zoning designations for future
development. In addition, lot frontage modifications are being made
via the conditional use permit for lots 5, 6, 7, 8, 9, 10 and 17.
The proposal also calls for extension of Crawford Canyon Road from
Chapman Avenue to meet with Cannon Street. 20 single family residential
lots are proposed at the northern portion of the site, the lot sizes
varying from 11,000 sq. ft. to approximately 5.5 acres. Lots 1-5
and 18-20 are proposed to be zoned R-1-10 and Lots 6-17 are proposed
for R-1-20 zoning.
The final cluster of single family lots would be arranged around
cul-de-sacs which take access from a loop private street from Crawford
Canyon Road. A total of 59 lots are proposed at this location and
they generally contain approximately 6,000 square feet. These lots
are proposed for R-1-6 zoning and are ultimately planned for development
with a zero lot line concept.
Finally, five lots are proposed for future development with townhomes.
Schematic site plans have been presented for these areas. However, not
enough detail is presently available for specific conditional use permit
approvals of these proposals. Unit breakdown of these lots are proposed
as: Lot 22 - 24 units on 3.24 acres; Lot 29 - 1'2 units on 1.36 acres;
Lot 44 - 26 units on 2.85 acres; Lot 45 - 12 units on 1.73 acres and
Lot 124 - 29 units on 3.28 acres. These lots are proposed to be rezoned
to RD-6 where the density limitation for planned unit developments is
10.89 dwelling units per acre.
As indicated on the site plan, all development will occur on the east
side of Crawford Canyon Road and the west portion of the site is to
remain vacant and to be maintained in its natural condition. Of the
290 acres which the site contains, 208 will be maintained in open
space. All open space is to be zoned R-0. A portion of this open
space will be maintained in perpetuity by a non-profit private open-
space corporation to which it will have been deeded over. The balance
Planning Commission Minutes
April 7, 1980
Page Five
of the open space will be maintained by a homeowne rs association.
Crawford Canyon and the hillside street will be dedicated as public
streets. All other streets will be private streets. Mr. Soo-Hoo
pointed out that because of the magnitude of this project, many of
the details are not available and, rather than hold up processing
of this project, Staff and the applicant felt that this increment
should be processed, followed by whatever applications were necessary
for specific approval. The Intent to Rezone process should be used
in this case.
Staff, therefore, recommends that the applicant's request be approved
and that the zone change be made subject to the Intent to Rezone
procedure. It is also recommended that the supplemental Environmental
Impact Report be accepted and that the Commission approve Conditional
Use Permit 1024 and the tentative tract, subject to the conditions
included in the Engineers Plan Check Sheet. There are 15 conditions
and an additional condition #16 is to be added that in addition to the
prepared reservoi r site , Lot E, the City shal 1 require a future site
capable of accommodating a 5 million gallon reservoir with abase
elevation of 465' and an overflow elevation of 495' located on the
westerly slopes of the open space area west of Crawford Canyon Road.
Commissioner Ault questioned again which lots are to be conveyed to
a non-profit private organization and was told they would be Lots
A, C and J. Chairman Coontz asked for clarification on what the
Conditional Use Permit covered. Mr. Soo-Hoo explained this was to
allow some of the proposed lots without frontage to a public street.
He also explained that there is no longer a modification required be-
cause the wishbone street will now be a dedicated street, rather than
a private one. Commissioner Mickelson asked for clarification on which
streets will be private and which ones public. He also wanted to know
on the cut slopes that are being proposed primarily behind the hillside
street and also along Crawford Canyon Road - he noticed that they had
40-60 and over 100 feet of vertical cut of 1-l, where they are located
in solid rock areas. We don't really know for sure whether those will
be 1-1 and if we can assume that they are in the stable rock area -
will they be required to have terrace drains and down drains? Mr.
Johnson answered that Staff will allow soils engineers and geologists
to give them recommendations on that. It has been their experience that
when they reach solid rock condition, terrace drains really don't do
too much. You are cutting more rock and not making it more stable.
Staff would probably allow them to delete that if the geologist
indicated that the rock was of stable enough material that it would
stand on a 1-1. They would allow them to go to 2-1 or possibly 12-1
if it is stable.
Commissioner Mickelson asked if there were preliminary reports that
they did not see. Mr. Johnson replied that there is a preliminary
report but he didn't think it affected anything here. He thought that
there are indications that they will reach solid rock. The final
report and recommendations would have to be reviewed carefully.
Chairman Coontz opened the public hearing.
Applicant Richard Brooks, 17500 Red Hill Avenue, Irvine, addressed the
Commission in favor of this project. He pointed out that the project,
as viewed in the rendered plan in terms of open space area and developed
area, came about through examination of the East Orange Plan. They
tried to align a plan as close to the East Orange Plan as they could.
Basically it pointed out that mixed densities could be used as they
are trying to do.
~ There are four different types of housing in this project. With regard
to grading, he stated that they have had geologists on the site and
the rock conditions on top would appear to be borne out. He explained
the different types of housing and how some will be clustered. There
will be 237 units with quite a bit of open space. He stated that he
sees open space as an asset. Not everyone sees this as an asset, how-
ever. This type of a project -somewhat isolated yet in town - will
have an attraction because of this feeling. This isolation gives much
Planning Commission Minutes
Apri 1 7, 1980
Page Si x
opportunity for pleasing looks. He referred to the special conditions
on the Engineers Plan Check Sheet. He pointed out Item #2, referring
to the dedication and construction of Crawford Canyon Road. In their
plan, Crawford Canyon as it comes from the south passes a subdivision
going on up past their project on up the hill. Beyond that it goes
through the open space and then there is a niche which they do not
own. Then it goes on and they have a little piece and then Crawford
Canyon is presently being improved now. This project really doesn't
require the tie between. It is shown as a connection as far as the
city is concerned. There is no problem in dedicating this piece of
road because basically most of the road is shown on their property.
However, they would request that the requirement for improvement be
waived and they request that grading on a small piece be waived.
Traffic to support that piece of road is not there yet. There is a
lot of grading in that particular piece. He requested that #2 be
modified and they provide full grade to Overhill Road. They would
provide two lanes of the required four, up to the Overhill Road,
which is basically a 40 foot right-of-way. They would provide the
full grading and the half-street improvement.
Item #3, where it states dedicate and construct D Street to city
standards. He explained that the Overhill Road condition is such
that there are houses only on one side. There are 56 lots there and
all the planning on those houses is done now. However, it couldn't be
put together with this package now. Of the 56 lots, about 60% of
those are full depth lots and about 15 lots are only 30 foot pads.
They see no reason for more street width than what is already planned.
What they have proposed will allow for two-way traffic plus parking
on the uphill side of the street. They are also requesting that where
you come across the Overhill Street towards the summit where they show
five lots on the uphill side, that that section be widened. He does
not see the degree of traffic on the street and, therefore, he is asking
that it remain as they have proposed it all the way through.
Item #5 - drainage assessment. They have a property of 292 acres and
they are proposing to develop about 80 acres. The rest is open space.
They feel they should only be required to pay drainage assessment for
the 80 acres they are developing. They have drafted a grant deed for
the open space and he was willing to explain the grant deed to the
Commission, if necessary.
#7 is the landscape requirements. He explained that what they are
proposing to do on the west side of Crawford Canyon and up to the loop
is to grade and actually trench on that side. On Overhill Road they
will also trench on the uphill side. The reason for this is to
enforce the element of privacy. This will create a planting - putting
in the heavy acacia and the trees, which will make a continuous buffer
around the project .
Commissioner Coontz asked what is different about what they are proposing
than what they understand the requirements to be. Mr. Brooks explained
that it is a matter of practical application. On the uphill side or
the Crawford Canyon side, the only way to plant into the rock is to drill.
And then it will wash away and not grow. They want to trench on the
uphill side and put in tree material and heavy shrub material to soften
the cuts. Thus this requirement cannot be met. They do have a plan
and want to see the banks softened with the proper plantings.
#10 - to dedicate and improve the private streets as planned. The
little street on the interior loop - he took it to mean that. Mr.
Johnson stated that there is some confusion as to whether the
double cul-de-sac is meant to be dedicated or private street. If it
is to be a dedicated street, then the same terms and the same concerns
would apply to A Street as applied to B Street, such as the width.
Staff wanted to make this item clear as there was some question about
what kind of street it would be.
Planning Commission Minutes
Apri 1 7, 1980
Page Seven
Chairman Coontz pointed out that this is an extensive list and it's
too bad that it wasn't drawn up ahead of time. Mr. Brooks replied
that they had to fully design and draft all of this. A tremendous
amount of engineering and time goes into this from their standpoint.
Commissioner Ault questioned whether he was familiar with the conveyance
to a non-profit organization. He wondered if they are including in
this conveyance that this reverts back to applicant if it is not kept
as open space and is developed. Applicant answered that this is in-
cluded in the agreement. This is all protected. There are very
restrictive provisions in this conveyance. Commissioner Ault pointed
out that this corporation must be supported apparently by money solicited
from the public and if they start falling behind on revenue, there
could be a problem.
Commissioner Mickelson asked what applicant described as a full pad.
Mr. Brooks explained to him what he meant. He was then asked what
kind of home would be put on the 30 ft. pad. Mr. Brooks showed a picture
of the type of home they are planning to build - having a set back
garage, simple deck area, with a very simple house.
~` Commissioner Mickelson asked Mr. Murphy if the East Orange Implementation
Committee reviewed this plan and Mr. Murphy replied that they had re-
viewed the plan in its general concept. Their comments were basically
to support the plan without any recommendations because they feel it
fits the concept of the East Orange Plan.
Mr. Johnson went on to explain that this development is the third phase
of a three-phase project. The other two tracts are completed. All of
the costs of development of the entire property have been deferred until
this last phase. Therefore, Mr. Johnson felt that he saw the validity
of the applicant's requests. The cost of these improvements should
have been spread over the entire 400 acres rather than this last 290
acres. The burden has fallen on this last development instead of
being spread out among the three. They don't think that the reduction
of drainage systems would be fair to the city, as they still have to
pay costs to serve the area. As far as roads are concerned, the city
would have to accept the burden of building this road if the developer
is not required to do so, and they are always faced with diminishing
revenues. Engineering feels that perhaps the original owner of this
property created the predicament that Mr. Brooks is in and should
share the burden now. As far as landscaping is concerned, there could
possibly be some changes here as requested. City wants something
visible in the form of trees and shrubs. That could be changed to fit
conditions. Regarding the width of the streets, the only thing that
the Staff is asking is that they have a set of city standards for
right-of-way widths. Mr. Brooks is correct in stating that he is providing
the standard width curbs, but he is not providing standard right-of-way
widths. There is a statute that they go with the standard street width,
eather than go to something that was not standard.
Chairman Coontz questioned if Mr. Brooks would have a problem with the
#16 condition regarding the water reservoir request. He answered that
he could see no problem with this.
Larry Sturgeon, 615 N. Hamlin, Orange, addressed the Commission in
favor of this application. He spoke on behalf of the East Orange
Open Space Management Corporation, being Vice President of this
organization. He pointed out that approval of this tentative tract
would culminate many years of effort to comply with the intent of East
Orange General Plan. He stated that since 1975 there has been a lot of
bickering and arguing regarding what was to be done with this property
and this is one of the better plans they have seen. They are not judging
on the tract itself - only its concept.
One of the biggest questions when this plan was formulated, was how
was it going to be maintained and who would do it. When the plan was
adopted, Proposition 13 was not a question. Since that time, funds
have been reduced, so this private non-profit public corporation was
Planning Commission Minutes
Apri 1 7, 1980
Page Eight
formed and they have approval by the state and the Internal Revenue
Service for tax exempt status. All they have to do is to receive the
property. He went on to answer Commissioner Ault's question regarding
the possibility of selling a piece of the property off. Under the laws
of a private-public corporation, this cannot be done. He stated that
one area of concern is that one condition is to sub-grade Crawford
Canyon. The question of erosion had not occurred to him and it may
or may not be a problem, based on the geology. However, it would
allow access from off-road vehicles. As a private corporation, it
is their attempt to close this area to motorized vehicles. 8 or 10 small
fenced areas would have to be constructed at corporate expense to limit
the access of these vehicles. By grading an area that long, once access
to that street is gained, access to the open space is readily achievable.
This is of primary concern to them.
He stated that Condition #16 was not really new to him. However, being
placed on the west slope is something they would like to be involved in
for esthetic reasons.
Commissioner Ault said that he recollected somewhere that their
corporation rules state that they could sell some of the property off.
Mr. Sturgeon explained that they could sell only to another like
corporation.
C
Nero Roy, 10939 Meats Avenue, Orange, addressed the Commission in favor
of this application. He stated that he lives in Orange Park Acres and
has lived there for 20 years. His property butts up against this project.
He is President of the Orange Park Acres Association and his group voted
to tell the Commission that they agree with this project and it is a
fine development. They had one exception, which was the extension of
Crawford Canyon Road between Overhill where it meets up with Cannon.
That is nearly 2000 feet of roadway and they feel that it will become
a speedway. He is personally concerned because of the fact that just
recently his niece was killed in a traffic accident on a smaller stretch
of roadway, because of speeding. The Association has never approved an
extension. They have also disapproved the concept of connecting the two.
They would like to suggest that for long range planning, they feel a
major north-south access is needed. Something like the Weir Canyon
Road or freeway will become absolutely essential in the very near future.
The roads now in use will not be adequate to handle the traffic in
upcoming years. They request that the aforementioned section be deleted
at this time.
Tom Galvin, President of the Hillcrest Association, 683 N. Birchwood,
Orange, spoke to the Commission in favor of this application.
He said that he personally was gratified by Mr. Brooks' cooperative
effort in being receptive to suggestions of local homeowners in the area.
They want to lend support of the plan, after reviewing it. They are
concerned about the water tower on the hill, and before any definitive
locations or designs are made, they would like to have input. They are
concerned with the esthetic and sight visibility of this. Regarding the
construction of Crawford Canyon Road through the center of the parcel,
if the road is left in unimproved, but graded, form it is felt that
they will be burdened with off-road vehicles trespassing. By con-
structing this roadway it will be an invitation to these drivers. He
does not feel that this developer should even have to bear the burden
of developing that road through that area. If the city of Orange
requires it, it would appear to take on a look of an arterial type of
highway. If that is the case, it is an undue hardship on this developer
and would result in additional cost to the homes being built. He said
that he believed that a case law exists that states that unless a
developer is placing undue hardship on the community, it is up to the
city to take on this expense. To merely grade the road and leave it
until the city gets around to improving it is not needed.
Planning Commission Minutes
Apri 1 7, 1980
Page Nine
Elizabeth Loyd, 345 N. Batavia, Orange, addressed the Commission in
opposition to this application. She stated that four generations of
her family have lived in the Orange area. These hills are home to
her and her family and she does not want to see this destroyed. She
felt that it should be left as is.
There being no one else to speak to this issue, Chairman Coontz closed
the public hearing.
Mr. Johnson stated that there has been some concern about the grading
of the road with no improvement to that road. He pointed out that
Staff is not recommending that. They are recommending that the road
be built as any other road which would be required. This has existed
on the Master Plan for a number of years and the city does not want
grading without improvements. Their intent is to carry out the Master
Plan of arterial highways.
Commissioner Mickelson pointed out that Mr. Brooks had proposed that
they dedicate up to that in terse ction of Overhill Road and improve half
of it. The recommendation is to dedicate the entire roadway and improve
it. He pointed out on the tract map the blue border of the tract as being
everything in the green. Staff is talking of improvement of the road
within the blue border. What was originally included was that that
property was already dedicated. That triangular piece was to be split
off and incorporated into this development, according to Mr. Johnson.
Because it is now shown as open space, it is different than what was
originally intended.
Chairman Coontz pointed out that the problem of off road vehicles will
always be a problem to contend with.
Commissioner Hart agreed with the City Engineer that the problems were
on the property when Mr. Brooks got involved with the property. He
should live with the conditions as outlined by the Staff.
Commissioner Mickelson questioned the Staff with regard to if the
Commission uses the Intent to Rezone as suggested in the Staff Report,
what would be gained. He wondered if this generally was used with the
approval of the building plans. Will this include approval of grading
plans also? The answer was that the Commission would have to review an
application for conditional use permit for each of the townhouse areas.
Mr. Murphy pointed out that there is another mechanical problem and that
is that the applicant doesn't want to have to prepare a legal description
of those zones at the present time, because he doesn't know until he
gets into the final grading plans just exactly where those zones should
be. Even if the Commission were to approve the zoning without the intent,
it would probably be the same effect. It would be very difficult to
prepare ordinances for that many different zones. The mere size of the
project would require this.
Commissioner Ault moved, seconded by Commissioner Hart to recommend
acceptance of the supplement to Environmental Impact Report 496 as
having been prepared in compliance with the California Environmental
Quality Act of 1970.
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
Moved by Commissioner Hart, seconded by Commissioner Master, to recommend
approval of Zone Change 925, subject to the Intent to Rezone Procedure.
Approval is being recommended for the following reasons:
1. The proposal is consistent with the City's adopted General Plan.
2. The proposal is compatible with surrounding land use and zoning.
Planning Commission Minutes
Apri 1 7, 1980
Page Ten
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
Moved by Commissioner Hart, seconded by Commissioner Ault to recommend
approval of Conditional Use Permit 1024, which calls for lots without
frontage on public streets.
AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
Moved by Commissioner Hart, seconded by Commissioner Ault to recommend
approval of Tentative Tract 9608, subject to Engineer's Plan Check
Sheet, including the addition of #16 that in addition to the prepared
reservoir site, Lot E, the City shall require a future site capable of
accommodating a 5 million gallon reservoir with abase elevation of
465' and an overflow elevation of 495' located on the westerly slopes
of the open space are a west of Crawford Canyon Road.
Commissioner Mickelson felt that Condition #7 should be clarified.
If these are going to be 1-1 rock slopes they do not need to be land-
scaped at all. There was discussion among the Commissioners regarding
this point.
Commissioner Mickelson wondered if Staff would agree that the landscape
plan be submitted and approved by the Parks Department. Mr. Johnson
thought that would be in order.
Motion was restated to include this change.
AYES: Commissioners Coontz,
NOES: Commissioners none
ABSENT: Commissioners none
Ault, Hart, Master, Mickelson
MOTION CARRIED
Commissioner Mickelson commented that he was disappointed in the final
plan on this property. He did not want Mr. Brooks to feel that this
was a criticism, but he felt badly that the community has forced on
them a row of lots that cannot be landscaped. It is probably the
best compromise under the circumstances that they could come up with.
AMENDMENT 5-80 - CITY OF ORANGE
Amendment to Section 17.030.060(D) of the Orange Municipal Code relating
to coverage i n the RM-7 zone .
Stan Soo-Hoo made the presentation of this amendment for the Staff. He
pointed out that basically this is a result of a direction from the City
Council for the Staff to study coverage requirements, both the require-
ment within the city of Orange, as well as to compare this requirement
with that of other cities in the Southern California area. What we
have come up with is an amendment which would accomplish three things -
it would increase lot coverage criteria by 5% in RM-7 zone from 40 to 45%
for two-story buildings and 50-55% for one-story buildings. It would
also i nclude as coverage, covered patios , but would exclude driveways
and unenclosed parking areas, being much more flexible for developers.
The third thing would include as coverage cantilevered areas which
project out more than two feet.
Staff recommends that Planning Commission recommend approval of this
code amendment to City Council, which would increase the allowable lot
coverage by five percent in the Rh1-7,000-A and RM-7,000 Districts and
redefine coverage and its method of computation.
Commissioner Hart questioned how cantilevers were handled previously.
Mr. Soo-Hoo explained that basically they were all included as coverage
before. Now cantilevers extending beyond 2 feet from the building face
will be included as coverage.
Planning Commission Minutes
Apri 1 7, 1980
Page Eleven
Mr. Murphy further explained that with this change in definition,
actually we are gaining 10% or more in maximum lot coverage. This is,
in essence, bringing us into an average situation with other cities
and this is, in essence, what the City Council was asking for. What
is being done tonight is having the actual public hearing which is
required for this, Chairman Coontz pointed out that Mr. Soo-Hoo's
verbal explanation of the cantilevered extensions was better than
what was written in the Staff Report, i.e. "exclude the first two
feet of the cantilever." This is much easier to understand than what
is written.
Commissioner Mickelson questioned whether RM-7000-A was a single-story
zone. He was told that this was correct and he went on to say that
he didn't think that two-story coverage factor would be put in that zone.
He didn't agree with including covered patios under this amendment.
Commissioner Hart asked for a definition of a covered patio. Commissioner
Mickelson looks at a covered patio as an outdoor space for private
recreation, where one can go outdoors and enjoy it, so he doesn't
consider it coverage. Discussion among Commissioners on this point.
Commissioner Mickelson felt that covered patios should be excluded.
Chairman Coontz stated that amendment could say that the remaining
lot areas shall be devoted to and include the covered patio and felt
it should be stipulated in the remaining lot area. Cut it off from the
main building area and list it in the remaining lot area. It was de-
cided to leave covered patios out. Commissioner Mickelson questioned
whether a swimming pool dressing room or cabana would be counted in
coverage. He was told no - that right now there would be no change in
that area.
Chairman Coontz opened the public hearing. There being no one to speak
for or against this amendment, the public hearing was closed.
Moved by Commissioner Mickelson, seconded by Commissione r Master to
recommend approval of Code Amendment 5-80, as stated in the Staff Report,
with the recommended change, which would increase the allowable lot
coverage by five percent in the RM-7000-A and RM-7000 Districts and
redefine coverage and its method of computation.
AYES: Commissioners Coontz, Ault,. Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
AMENDMENT 6-80 - CITY OF ORANGE
Amendment. to Section 17.26.010(C) of the Orange Municipal Code relating
to wholesale nurseries in the R-1-6 zone.
Mr. Murphy presented this code amendment for the Staff, stating that
this amendment was initiated because of a controversy arising over a
proposed wholesale nursery at Fairhaven and La Veta on the Southern
Pacific Railroad right-of-way. The City Council adopted an emergency
ordinance on February 12, 1980, after being confronted by residents of
that area that stipulated: "...the growing of trees and shrubs for
purpose of propagational culture only, provided however that no buildings
or structures and no sales of any type whatsoever would be permitted
other than seasonal sales associated with national holidays and incidental
buildings or structures required for such seasonal sales. Further, that
no seasonal sale period would exceed one consecutive 30-day period during
any calendar year, at the conclusion of which seasonal sales, all buildings
or structures shall be removed except that one chemical toilet facility
be available on the premises at all times." This emergency code was
adopted on February 12 by the City Council in reaction to the proposal
for the wholesale nursery along the Southern Pacific Railroad right-of-way.
Staff was instructed to prepare permanent proposed changes to that section
of the Code. Staff looked at two ways of addressing the question of
Planning Commission Minutes
Apri 1 7, 1980
Page Twelve
commercial or wholesale nurseries. One was to attempt to provide or
adopt standards or regulations on nurseries within the R-1-6 district
that would hopefully take care of the possible conflict between that
use and the surrounding single farr~ily homes. In looking at the
different types of land that exist in terms of Edison right-of-ways,
the Southern Pacific right-of-way and others, Staff found that because
of the different size and shape of the properties that they felt it
would be better to require a conditional use permit application and
address each application as a separate issue.
Staff recommends that code be amended to indicate that any commercial
nursery located in R-1-6 district require a conditional use permit that
would cover any retail sales of a seasonal nature or any structures
such as greenhouses and shade structures of any significance, even
though those are considered to be non-permanent structures, that
basically for either use, outside of strictly a growing grounds for
growing nursery products, to require a conditional use permit in the
R-1 zone. That then would be stipulated in the permitted use section
of the R-1 that the growing of trees and shrubs only for the purpose
of propagation and culture is allowed and that no building or structure
and no sales of any type whatsoever shall be permitted.
The conditional use permit portion of the R-1-6 district would then
state that commercial nurseries requiring the use of structures or
permitting seasonal sales associated with national holidays and incidental
buildings and structures for such seasonal sales and, provided further
that no seasonal sale period shall exceed one consecutive thirty-day
period during a calendar year, and provided that at least one portable
chemical toilet facility shall be available on the premises at all times.
This would be the Staff's proposal to regulate structures and regulate
seasonal sales which seem to be the most annoying things about wholesale
nurseries. It is the Staff's opinion that most nurseries sell wholesale
from their growing grounds. You cannot totally stop sales from these
growing grounds but they can be regulated. The only exception might be
Christmas tree lots. That is sti 11 somewhat a grey area of wholesale
sales and would require interpretation on the part of the Staff.
Mr. Murphy pointed out a memo from Southern California Edison which
had been given to the Commission.
Ch airman Coontz expressed concern about the urgency ordinance from the
City Council, which is something that they had not heard before. It
was pointed out that the people involved in that controversy are here
to speak tonight.
The Chairman opened the public hearing.
Rudy Dew, 1760 Maplewood, Orange, Manager of Southern California Edison,
addressed the Commission on behalf of the Edison Company. He pointed
out that Edison has had transmission right-of-ways for a long time and
has had very little problems at all. He could not remember any problems
which they have not been able to handle on their right-of-ways. This
provides a natural green belt to the taxpayers. If they are not
developed into some sort of nursery area, there is a tremendous trash
problem. Another concern of Edison is that they question whether the
magnitude of this ordinance would restrict all right-of-ways. He
would like to see Southern California Edison easements not included in
this. Southern California Edison would recommend an exclusion for them
because of the fact that all of their right-of-ways are landscaped in
some form.
Chairman Coontz agreed that this use is a good substitute for trees
which have been taken out in those areas.
Planning Commission Minutes
Apri 1 7, 1980
Page Thirteen
Mr. Murphy pointed out that this ordinance will only refer to new areas.
All existing areas will not have to go through that process.
Mr. Dew stated that he has negotiated a lease for a certain site which
was given back from the city, in the northeast corner of Orange, which
Orange had used as a wilderness park for about a year. They have
negotiated a lease for maintenance of that site and the rest will be
kept as a wilderness area. However, they haven't started planning or
doing anything with the area. It is his understanding that when
nurseries plant their trees, they are planted by the year. He is
concerned for the people with whom they have negotiated the leases.
He said that Southern California Edison has been pretty strict with
these people relative to maintaining adequate security and policing
the area.
Chairman Coontz wanted more information with regard to Marilynn's
Nursery, which is the property in question. Mr. Murphy replied that
the property has remained unuse d. The railroad tracks were pulled out
and it is now a dumping ground for trash. Appropriate zoning for the
area should be R-1. The nursery application went through the Staff and
they approved for ground uses and the growing of nursery stock, primarily
in portable containers. The applicant went around the neighborhood
3 or 4 days before actually beginning to do work on the nursery and the
neighbors then reacted to the proposal with many concerns , and i t was
then directed to the City Council. The property still lies in its
original state with only the addition of two water meters.
Commissioner Mickelson asked to correct Mr. Murphy's statement that the
property has been abandoned. He would have him state that the use of it
as a railroad has been discontinued. He brought this up because it is
a very touchy technical term - the idea that a piece of property is
abandoned and therefore it shouldn't be used for anything. Therefore,
the railroad has abandoned the property for use as a railroad through
the Federal ICC regulations. They have taken the formal steps to
abandon the use of the property as a railroad. It therefore lies as
unused land.
Richard Pieron, 619 Woodland, Orange, addressed the Commission in
opposition to this change. He is in favor of a change, but not this
one. He is one of the instigators of action that the Council took re-
garding the emergency ordinance. He spoke to the Council on behalf of
his neighbors and also spoke to the Staff. They feel that the use of a
commercial nursery in an R-1 zone generally is not compatible toady with
the way that Orange has grown. When Orange was originally developed,
it was OK, but we are not an agricultural community, which we were then.
To allow commercial use within the boundaries of a residential area is
contrary to most zoning practices. He felt that this would be downgrading
an area. He thought that they have looked at a lot of the problems in
this particular area, but he was particularly concerned about the entire
right-of-way. The entire band of land that has been abandoned all the
way through the city fronts commercial property, schools, residential
streets; some is only 40 ft. wide. In other places it is wider. This
particular piece that he i s concerned about i s about 4 2 acres . It was
very attractive for this use because it was a wide space in the road.
If this ordinance were in effect, they would be allowed to put in
temporary structures. He pointed out that the County will not allow
temporary structures in R-1 zones - why should the city allow this?
This use is not compatible and it should not be allowed. He expressed
the hope that the Planning Commission would look at this very carefully.
Mr. Pieron stated that the ordinance should be looked at. The conditional
use permit probably could be used. He realized that existing nurseries
are already there and he thought that there are areas where they do work.
But he pointed out that there is no way to police this use once it is
there. If we use the conditional use permit approach, we could put
enough acceptable restrictions in there to make it compatible with what
i s already there.
Planning Commission Minutes
April 7, 1980
Page Fourteen
Chairman Coontz asked how he thought this might be developed. She
also commented that there has been a problem all along. She wanted
to know what would be compatible. Mr. Pieron replied that they wanted
to come in with a strip of asphalt for bike trails that would not be
landscaped and they hoped that they would be used for both bikes and
horses. This would not have been compatible for both uses. There
would have been no way to control it. He feels it is easier to control
since the tracks were taken out. He thought that the railroad should
have been forced to put barricades at any street that is crossed. They
should have barricaded each end of these areas. He felt that bearing
in mind that this is private property, if it is developed it should be
partly in control of the Planning Commission. There are segments of
that strip that cannot be developed. They should be dedicated to
homeowners adjacent to the area. He pointed out that particularly
the 40 ft, wide areas where nothing could be developed could be sold
or deeded to homeowners or whatever is legally done. The problem is
that there is a high pressure fuel line running through this area.
He felt that even a couple of homes could be built or some of it
could be purchased by the city for park purposes or a green belt. They
really don't need another park in the area, so a neighborhood pocket
park would not be a solution.
Commissioner Mickelson stated that he lives at 3823 E. Casselle Avenue,
which is three houses away from the right-of-way which is being
discussed. It is his neighborhood which is causing all the furor.
He thought that the question the Commission is being asked to consider
is not just that strip of land, but all right-of-ways.
Mr. Pieron stated that the thing that is upsetting the neighborhood
is the fact that the nursery planned to put up temporary buildings,
which would be an eyesore to the community.
Richard Hendricksen, 642 S. Chipwood, Orange, addressed the Commission
on the point of the area becoming trashed out. He stated that, while
there has been some problem with dumping trash, it seems coincidental
that it is only since this nursery was proposed that it has become
very trashy. He pointed out that not only has the railroad abandoned
the right-of-way, they have also abandoned upkeep on it. The City
Council directed that the legal background be looked into in that area.
There is some question about the railroad's rights after it gives up
right of use. There seems to be some question about whether the land
would revert to the Department of the Interior.
Mr. Minshew, Assistant City Attorney, responded that this was not an
instruction from the City Council. Someone in the area requested that.
The railroad abandoned the prope rty and got an abandonment from the
Interstate Commerce Commission two or three years ago. The City tried
to purchase some of the land at Katella and Wanda. It was tied up in
litigation for about two years because of the abandonment of the use
and did not go through . Once it did, then we were able to make a
financial arrangement with them. They own the land in fee. On public
streets, the city of Orange normally has easements. When they abandon
a street, they have a statutory procedure they must go through. At
that time, easement goes off and property goes back to underlying fee
owner. This is not the case when someone owns land in fee. What the
ICC said to Southern Pacific was that they did not have to have rail-
road service from Orange to Tustin anymore. The railroad owns this land
outright. Regardless of how they got the land, they now own it in fee.
He felt that perhaps there was a misconception because of how a city
owns a street.
Mr. Pieron mentioned that he had addressed a letter to the city and
wondered i f i t had been directed to the Commission. Ch airman Coontz
explained that this had nothing to do with their decision.
There being no one else to speak to this issue, the public hearing
was closed.
Planning Commission Minutes
Apri 1 7, 1980
Page Fifteen
Commissioner Mickelson asked Mr. Murphy if proposed Section 172601-OC
would be a permitted use by right under the Staff's proposal. This
would allow the growing of trees, etc. for propagation. No buildings,
no structures, no sales of any type. Any R-1 zone which might include
any railroad right-of-ways, might include Edison right-of-ways and
might also include a 20-acre perfectly square parcel somewhere else.
The second section, the Staff is saying could only be done by use
permit and that would allow commercial nurseries - it would permit use of
structures or permit seasonal sales. Theoretically you can apply for a use
permi t under 1726020 , i n cl udi ng greenhouses and other bui 1 di ngs as part
of it and limited to wholesale only, except for seasonal sales. Would
that mean retail sales also? The only sales that would be of a retail
nature would be seasonal sales or wholesale sales, which would include
visitation of buyers to the site on a periodic basis. Any sales, in
essence, where you can say that someone is visiting the site for the
purposes of purchasing materials, or substantial structures in terms
of greenhouses or shade structures, beyond the incidental storage
buildings, gardening equipment necessary to maintain a growing ground,
a portable washroom facility, those would be items that would trigger
the requirement for the conditional use permit. Commissioner Mickelson
then asked what about Christmas tree lots. Mr. Murphy answered that
~ these are seasonal and would go in on a use permit.
Commissioner Mickelson thought that under Section 17.26.010 it seemed
that there ought to be at least the allowance of a building to put
equipment such as shovels, picks and hoes. It says no building or
structure and no sales. It was felt that this was too restrictive.
Commission agreed with Staff's basic philosophy that trees could be
grown all over as long as it is not a commercial business, but they
cannot sell off the site. Discussion among the commission members as
to whether sales should be allowed on the site. They discussed whether
someone could drive up and make a purchase on the site. Commissioner
Mickelson pointed out that the activity in home businesses far exceeds
the sales that would go on in this type of business. He felt they
could be creating an ordinance that would be a real problem for what
Southern California Edison has on their right-of-ways right now. He
proposed that, in the first section, wording be amended to read,
"... that no building or structure other than storage building for
equipment, maximum 200 sq, ft., 10 ft. in height and incidental
wholesale sales shall be permitted."
~ Mr. Dew pointed out that Southern California Edison cannot build
permanent structures on their right-of-ways because of high tension
lines. His concern was that he wished he knew more about the nursery
business. Most of the people on their properties have very low profiles.
He wondered if the shades constituted a structure. Mr. Murphy explained
that most of the greenhouses and permanent structures would require a
conditional use permit. If the structure is under 6 ft., it would not
require a permit. Mr. Dew stated that Southern California Edison has
been policing their areas very tightly because they are concerned about
being good neighbors.
Motion by Commissioner Mickelson, seconded by Commissioner Hart to
recommend approval of the following code amendments:
Section 17.26.010 (c) - Growing of trees and shrubs for purposes of
propagation and culture only, provided, however, that no building or
structure of any type whatsoever shall be permitted, other than storage
building for equipment, maximum of 200 square feet, height of 10 feet,
and incidental wholesale sales shall be permitted.
Secti on 17.26.020 (e) - Commercial nurseries requi ri ng the use of
structures or permuting seasonal sales associated with national holidays
and incidental buildings and structures for such seasonal sales and,
provided further that no seasonal sale period shall exceed one
consecutive thirty-day period during a calendar year and provided that
at least one portable chemical toilet facility shall be available on
the premises at all times.
Planning Commission Minutes
April 7, 1980
Page Sixteen
,AYES: Commissioners Coontz, Ault, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioners none MOTION CARRIED
IN RE: CONTINUED HEARINGS OUT OF AGENDA ORDER:
AMENDMENT 13-79 - CITY OF ORANGE:
An amendment to Article IX of the Orange Municipal Code to adopt
modifications incorporating own-your-own lots, encourage new parks,
adopt subdivision conversion regulations, rezone existing parks to
interim preservation zoning until permanent designation is made, and
adopt policies to promote mobile home subdivisions. (.Continued from
meeting of March 3, 1980.)
AMENDMENT 1-80 - CITY OF ORANGE:
Amendment to Article IX of the Orange Municipal Code relating to
Condominium Conversions. (Continued from meeting of March 3, 1980.)
Commissioner Mickelson asked the Staff how much time the Commission has
on mobile home and condominium conversions. Mr. Murphy replied that
decisions need to be made on the mobile home conversions by the next
meeting on April 21. The condominium conversion moratorium runs out
in June. However, the City Council must have time to make their
decision in the matter. Commission has another meeting to take care
of this matter also. Commissioner Mickelson apologized to the Commission
for handing his written comments on these matters in so late. He felt
that a continuance was needed in order to go over the comments he had
written, applying both to mobile home and condominium conversions. He
thought that it is rather awkward to take mobile homes out of context
with condominium conversions. Chairman Coontz suggested that the
Commission start with the question of zone changes for existing mobile
home parks as a means of protection.
(Commissioner Master found it necessary to leave the meeting at this
time.)
Mr. Murphy presented Exhibit B of the Mobile Home Conversions to the
Commission, stating that this was a result of Chairman Coontz's letter
to the City Council of July 9, 1979, which was contained as an appendix
to Exhibit B, which is a series of questions primarily from asocial
standpoint, that of the age of the occupants, the tenure, the zoning of
those parks, the turnover rates, the percentage of handicapped, as well
as senior citizens in those parks. It then asks the question of whether
the rezoning of the parks can help to again assure the residents that
they would have the opportunity to speak out on the conversions of those
parks. The question of do those mobile home parks come close or do
they meet the existing mobile home park ordinance and is the mobile
home park ordinance too strict? He pointed out that significant answers
to these questions are that all mobile home parks are either in industrial,
commercial or multiple family zone areas of the city. There is a table
that outlines the parks and gives a breakdown of vacancy rates, turnover
rates, the age of the occupants, the percentage of residents on fixed
incomes and these are estimates from the park managers. Staff had not
interviewed each of the residents of the parks. Also counted was the
number of handicapped persons in wheelchairs in the parks, and per-
centage of renters. Staff then attempted to guess at the opportunity
for conversion, whether it was high, low or medium. Looking at the
location of the property, the surroundings, the age of the park, in
terms of whether they would convert soon or sometime later. They also
looked at the conformance or lack of conformance with the existing
standards. There was considerable lack of conformance with existing
standards. The parks differ substantially, one from another, again be-
cause of their multiplicity of zoning. Mr. Murphy pointed out that the
turnover rate is very low in all of the parks, because of lack of spaces
to move to. The rate of senior citizens on fixed incomes in all of the
parks is very high. He stated that Staff thought the most appropriate
way to rezone the parks would be to place them in an A-1 agricultural
zone. The other alternative which was discussed was to require in the
code a public hearing for the conversion for any mobile home park,
Planning Commission Minutes
April 7, 1980
Page Seventeen
rather than requiring the rezoning back to either the M-H or A-1
zone. This could be done. There are mechanical problems in terms of
notifying everyone who is interested that the requirement is there to
hold a public hearing. If the property is zoned A-1 agricultural, that
is evidence that a zone change is required to accommodate any other use
other than growing tomatoes on the property.
Mr. Murphy told the Commission that the state is getting more involved
in protecting all resident rights in the way of mobile home park and
condominium conversions. The state may take care of that question for
the local agencies.
Mr. Murphy stated that most of the mobile home parks do not meet the
existing ordinance, not in major ways, but in minor ways, like recreation
areas, cable TV, etc.
Commissioner Mickelson asked if Commission went A-1 with resolution of
intent, unless the procedure were to be changed somehow, it could be
rezoned to A-l, five years from now they could come in to have that
resolution followed up on and there would be no public hearing. What
would be done with this? There was discussion among the Commissioners
on this point. They decided if the purpose for holding a public hearing
is to determine whether a relocation plan is needed and if this is not
wanted, then it would have to be submitted, reviewed and approved and
then there would be a purpose for the hearing. The major purpose is to
take a look at relocation for the residents of the parks.
Commissioner Ault pointed out that a man who comes in and makes an
investment has a right to depend on his investment in that zone, without
the Planning Commission making a change. He felt that A-1 is going to
cause more confusion.
Commissioner Mickelson asked another question, wondering if an identifier
couldn't be put on the zoning map somehow that would say that a mobile
home park must have a public hearing - an asterisk which would explain
the change of zoning.
Chairman Coontz opened the public hearing. There being no one to speak
to this issue, the public hearing was closed.
Moved by Commissione r Mickelson, seconded by Commissioner Coontz to
recommend to the City Council that they adopt an ordinance requiring
a public hearing, with notification to the residents of the mobile home
park and the purpose of that hearing be to determine the need for and
the review of a relocation plan for the tenants. This notification is
in the event of any proposed change in the use of the park, as in the
case of an existing park, and the owner wants to conve rt to another use.
Commissioner Mickelson gave an example, pointing out a mobile home park
near the drive-in theater, which is zoned M-1. Theoretically, the owner
could give residents 30 days to move and change to industrial. If things
were normal in our country, he should have the right to do this, but
things are not normal in our country.
Commission then took up Mobile Home subdivision conversion regulations and
tenant rights. Chairman Coontz suggested that this be divided, suggesting
that this subject be discussed now and revisions to existing mobile home
zone development standards could be discussed later.
Commissioner Mickelson suggested that this discussion be delayed until
after condominium conversions was discussed, since he felt that they are
related by virtue of the fact that the staff wrote them in a very parallel
manner. By consent, Commission deleted from the agenda mobile home
subdivision conversion regulations and tenant rights until a later time.
Planning Commission Minutes
Apri 1 7, 1980
Page Eighteen
i
t
o
ons
Mr. Murphy made the presentation for Staff on Exhibit A, revis
existing mobile home zone development standards, pointing out that this
is a proposal to reduce the minimum sites area required from 10 to 5
acres. Maximum density of a mobile home park would be increased from
8 to 10 spaces per acre, where a minimum of 20% of the spaces in the
park were set aside for single wide mobile homes and where it is
demonstrated that a direct attempt is being made to provide housing for
the low and moderate income segment of the community. In this proposal,
mobile home park subdivisions should be specifically identified as a
permitted use in the Mobile Home Zone. Development standards for mobile
home subdivision lots would be established as follows: minimum lot size
for single wide would be 1200 sq, ft. and double wide - 2000 sq, ft.;
minimum lot width, 20 ft. for single wide and 30 ft, for double wide;
minimum lot depth would be 55 ft. for single wide, 60 ft, for double wide.
All other development standards would be the same as those described in
the existing Mobile Home Zone regulations. He pointed out that at the
present time they do not talk about mobile home subdivisions anywhere
in the Code.
Chairman Coontz stated that Mr. Jacobs, who came to their study session,
indicated that this is not sufficient, according to the way things were
going now. She talked to Mr. Murphy on this and he mentioned Title 25,
which might pre-empt this and require deeper lots and more square footage.
Commissioner Hart mentioned that they were talking about 60 ft, maximum
lots, but it was pointed out that the figures they are talking about here
are minimum. There was more discussion regarding size of lots.
It was pointed out that Mr. Jacobs had told the Commission that no one
can do this economically - that it is really an exercise in lip service.
They can go along with it, but what will it accomplish?
Chairman Coontz opened the public hearing. There being no one to speak
to the issue, the public hearing was closed.
Motion by Commissioner Hart, seconded by Commissioner Mickelson to
approve the suggestions made in Mr. Baker's memorandum (Exhibit A),
and as stated in Mr. Murphy's presentation of the matter.
AYES: Commissioners Coontz, Ault, Hart, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Master MOTION CARRIED
With regard to code and policy changes that could provide incentive for
increased mobile home park and mobile home subdivision development,
Mr. Murphy stated that the Staff had talked about this but did not come
up with anything of value in this area. Therefore, he suggested that
no action be taken at this time.
Exhibit C - Mobile Home Subdivisions and Zoning Code Analysis.
Mr, h1urphy pointed out that this is a result of Commissioner Mickelson's
request to investigate mobile home subdivisions and zoning codes. The
report basically says that in Staff's opinion, there is very little cost
savings in providing a standard size lot and placing a mobile home on it
of the appropriate size. The costs are very similar. The only savings
would be a certain amount of construction loan cost. He stated that the
construction period might be pared down from 6 months to 3 months.
This may be an alternative form of housing, but it does not answer the
question of providing low cost housing for senior citizens.
Commissioner Mickelson stated that this wasn't the question he meant to
ask. What he wanted to know was - why not take that 3000 ft. or whatever
size - lot and allow that to be subdivided in the manner that subdivisions
are done, with no common recreation space and those other amenities that
add to the cost of the maintenance, etc., but is there a feasible answer
to that question? He felt that the people who are really hurting today
are the people who didn't have any of those extras and really didn't care
to have them. So is it feasible to develop a very small lot subdivision
and put a mobile home on it - not 6000 ft. but maybe 4000 or even 3000 ft.
Planning Commission Minutes
Apri 1 7, 1980
Page Nineteen
AYES
NOES
ABSENT:
~IN RE:
Commissioner Ault suggested that the problem could be solved by
authorizing mobile homes on R-1 lots. Commissioner Hart pointed
out that mobile home costs are as large as a house now. So we are
not solving anything. Commissioner Mickelson proposed that the
Commission recommend that no action be taken on this report and also
on the previous one, that they had said to just ignore. Chairman
Coontz said that Commission is not really ignoring these items, just
indicating that they are not feasible. By consent, the Commission
agreed that neither one of the staff presentations are feasible at
this time.
At this point, Commissioner Mickelson reviewed his proposed changes
to the condominium conversion project. He then moved, seconded by
Chairman Coontz to continue considerations on condominium and mobile
home con versions until the next meeting on April 21.
Commissioners
Commissioners
Commissioner
Coontz, Ault, Hart, Mickelson
none
Master
MOTION CARRIED
Chairman Coontz adjourned
7:30 p.m. on Monday, April
300 East Chapman, Orange,
ADJOURNMENT:
the meeting at 11:50 p.m, to reconvene at
21 at the Ci vi c Center Counci 1 Chambers ,
California.
STATE OF CALIFORNIA )
ss.
`~ COUNTY OF ORANGE )
AFFIDAVIT OF POSTING ORDER
OF ADJOURNMENT
Jere Murphy, being first duly sworn, deposes and says:
That I am the duly chosen, qualified and acting secretary of the Planning
Commission of the City of Orange, that the regular meeting of the Planning
Commission of the City of Orange held on Monday, April 7, 1980, said meeting
was ordered and adjourned to the time and place specified in the order of
adjournment attached hereto; that on April 8, 1980 at the hour of 2:00 P.M.,
I posted a copy of said order at a conspicuous place on or near the door of
the place at which said meeting of April 7, 1930 was held.
1
EXCERPT FROM THE I~IIPJUTES OF A P,EGULAR PIE ETI~dG OF THE ORAfdGE CITY PLP,~dNING
COhii1ISSI0N HELD ON April 7, 19°0.
The regular meeting of the Orange City Planning Commission was called to
order by Chairman Coontz at 7:30 p.m.
PRESENT: Commissioners Coontz, Ault, Hart,t~1aster, ~fickelson
ABSEPdT: Pone
Moved by Commissioner Ault, seconded by Commissioner Hart that this meeting
adjourn at 11:45 p.m. on ^ionday, April 7, 1980 to reconvene at 7:30 p.m.
Monday, April 21, 1930 at the Civic Center Council Chambers,
300 East Chapman Avenue, Orange, California.
I, Jere Murphy, Secretary to the Orange Planning Commission, Orange,
California, do hereby certify that the forec~oin4 is a true, full and correct
copy of that portion of the minutes of a regular meeting of the Planning
Commission held on Monday, April 7, 1980.
Dated this 8th day of April, 1980 at 2:00 p.m.
Jer ~~urphy, Ci ty Planner ~ Secretary
to he Planning Commission of the
Cit of Orange.
.d