HomeMy WebLinkAbout4/21/1980 - Minutes PCPLANNING COMMISSION
City of Orange
Orange, California
April 21, 1980
Monday, 7:30 p.m.
The regular meeting of the Orange City Planning Commission was called to order by
Chairman Coontz at 7:30 p.m.
PRESENT: Commissioners Coontz, Hart, Master, Mickelson
ABSENT: Commissioner Ault
STAFF Jere P, Murphy, Administrator of Current Planning and Commission
PRESENT: Secretary; Stan Soo-Hoo, Associate Planner; Gary Johnson, City
Engineer; Gene Minshew, Assistant City Attorney; Bert Yamasaki,
Director of Planning & Development; Lon Cahill, Fire Prevention
Bureau; Doris Ofsthun, Recording Secretary.
PLEDGE OF ALLEGIANCE TO THE FLAG.
IN RE: APPROVAL OF MINUTES FOR APRIL 7. 1980:
Commissioner Mickelson asked for a correction to the minutes to read
as follows: Page 14, second paragraph, after ...."but all right-of-
ways.", add "and similar properties throughout the city. Therefore,
he does not consider this a conflict of interest to enter into this
discussion."
Moved by Commissioner Master, seconded by Commissioner Hart to approve
the minutes as corrected.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Commissioner Mickelson questioned the minutes of the Design Review Board
regarding the landscaping plan of Villa Ford, with a motion to approve
with three conditions, one being that the espalier be approved by Mel
Ayling and that the irrigation be approved by Mel Ayling. He wondered
why this was referred to a particular individual for approval rather
than Staff, or is P~Ir. Ayling a Staff person? He was told that Mel
Ayling is the Public Works expert in the field and is the person who
is responsible for landscaping in both parkways and parks and represents
the Public Works Department on matters of concern to that department at
the Design Review Board meetings.
IN RE: CONSENT CALENDAR:
1. Request for one year extension of utilization period for Conditional
Use Permit 927 which allowed development of farm supply business
in C-1 zone at the terminus of Anita Drive, south of Chapman Avenue.
(Originally approved by Planning Commission November 20, 1978.)
Staff recommended that approval be given to the request for one year
extension of time.
!:
Commissioner Master, seconded by Commissioner Mickelson moved to
accept the Consent Calendar.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
IN RE: CONTINUED HEARINGS:
Chairman Coontz suggested that Amendment 13-79 - City of Orange and
Amendment 1-80 - City of Orange be moved to the end of the agenda.
There being no objections from the audience, it was moved by
Commissioner Hart, seconded by Commissioner Master to move Amendment
13-79 and Amendment 1-80 to the end of the agenda.
1 •
Planning Commission Minutes
Apri 1 21 , 1980
Page Two
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
ZONE CHANGE 921, TENTATIVE TRACT 10949, CONDITIONAL USE PERMIT
1017 - SAND DOLLAR DEVELOPMENT:
Request to rezone property from RM-7-A to RM-7 and to allow an 88
unit planned unit development on the northeast corner of Hewes Street
and Montgomery Place. (Note: Negative Declaration 616 has been
prepared in lieu of an Environmental Impact Report.)
Mr. Murphy made the presentation for the staff on this application,
indicating that the subject property is located at the intersection
of Hewes Street and Marmon Avenue. He showed topographic maps
indicating that the property is presently used primarily for nursery
growing purposes. It is presently zoned RM-7-A multiple family with
single story limitations. The property to the south is subdivided
into narrow, long lots and is zoned single-family residential. There
are duplexes to the northwest. Property to the south is zoned
RM-7000-A district. To the east is the Panorama Heights area in
the county or Orange and is a development of single-family priced lots.
The project has been revised since the Planning Commission saw it
originally. The present development proposal is for 88 dwelling units
on the 9.09 acres of land, which is slightly less than 10 units per
acre density. Provision in the development plan is for 227 parking
in addition to the garages. Applicant is requesting the zone change
to remove single story limitation, thereby allowing two-story develop-
ment and a conditional use permit and tentative tract for a planned
unit development for condominiums as shown on the plan.
Mr. Murphy pointed out that the Staff is not aware of the original
history of the zoning to single-story multiple family, but it probably
was in order to limit the density but still allow the multiple family
use. The Master Plan would allow up to 15 units per acre. Therefore,
the Staff feels a 10 unit per acre density would be appropriate, con-
sidering the duplex use to the north and the smaller family lots to the
south. The Planning Commission continued this item from the last
meeting in order for this revised plan to be prepared. Questions were
asked at that time in regard to the effect on the school district and
a report has been submitted. The Commission also asked fora report
from the Traffic Engineer, which report is in the Planning Commission's
~~ packet regarding traffic circulation in the area.
Mr. Murphy went on to state that the one area of discussion with regard
to the project that remained was surrounding the use of Montgomery Place
to the south and the two access drives that take off from Montgomery
Place into the project. The primary access now will be from Hewes
Street in the northwest corner of the property and the proposal is that
a traffic signal be developed at that point. That would be the dominant
direction of the ingress and the egress that would take place regarding
the project. The Staff orginally felt that these two drives along
Montgomery should be developed as full two-way access to the project
with Montgomery Place being converted from its present one-way direction
to two-way, thereby allowing direct access from Hewes on Montgomery into
the project. To the south of Montgomery there is a one-way loop system
utilizing the two streets within the residential area. The people
within the area to the south would like to see the one-way system
retained and these two drives used as an exit only from the project
to Montgomery. The Staff has prepared revised conditions which speak
to that matter of the access to Montgomery, if the Commission feels
it is appropriate to provide that one-way system exit only to Montgomery.
The only other special conditions are that of the traffic signals at
Hewes Street and Marmon Avenue. The other conditions are standard con-
ditions. Chairman Coontz questioned Condition lla - stating that the
two private streets shall be used for both ingress and egress, subject
C
Planning Commission Minutes
Apri 1 21 , 1980
Page Three
to City standards and Montgomery Place is a two-way public street.
Item llb stated that "If Montgomery Place remains as a one-way
street..." She asked if the Planning Commission has a choice of
either lla or llb. Mr. Murphy explained that they had that choice or
a modification of either one. The Staff felt that the one-way out
direction could work and there would be an opportunity to evaluate
that in time and make changes, if necessary, to Montgomery Place.
Commissioner Mickelson wondered if the developer planned to have a
gated community with controlled access. Mr. Murphy was not sure
whether the major entrance at Hewes and Marmon would be gated, but
he felt that the two Marmon e~cits would have to be gated, in order to
allow for adequate emergency service into the area, even though they
would be one-way out to normal traffic.
Commissioner Mickelson then asked if the Commission were to accept
Conditions lla and llb as they stand, would that mean that the Staff
would have the ability to require the exit only as long as the Montgomery
Place remained one way, and if at some future time it became two-way,
they could be released from the obligation of allowing both ingress and
egress. Mr. Murphy answered that he thought that the intent would be
that the Staff would have the flexibility of making the one-way system
for the project separate from Montgomery, so that they would either have
Montgomery as a two-way syytem, which exits only from the project.
Staff would like to see that flexibility kept, so that depending on
how that system works, it could be modified in the future.
Commissioner Mickelson questioned Condition 6, subject to constructing
a traffic signal, wondering if that would be the sale responsibility
of the developer. Mr. Johnson answered that this is his understanding.
He explained that this intersection is not on the city's priority list
in the near future.
Commissioner Mickelson pointed out the memo from the Police Department
indicating that there are five conditions regarding the architectural
design of the units. It was explained that the applicant has agreed to
make these changes. They are design features that allow for more
self-policing of the area. Commissioner Mickelson thought it was
difficult to accept a condition where they had not seen a floor plan.
Chairman Coontz stated that perhaps the applicant would be able to
answer these questions. Commissioner Hart wondered if perhaps this
wasn't a subject for the Design Review Board rather than the Planning
Commission. There was discussion among the Commissioners regarding
security vs. esthetics.
Commissioner Master stated that he would have liked to see a statement
regarding capacity effects of the arterial street. Mr. Johnson replied
that Hewes is a road that,provided other streets that are built, such
as Crawford Canyon Road, which had been discussed previously, would
handle the traffic adequately. This project is not going to affect
the capacity of that street that much. Given the elimination of
certain parallel streets, such as Crawford Canyon, Imperial Highway,
Cannon, that route, plus maybe another projected route, would be the
one to Prospect Street, this could well add problems to the street.
There are possibilities, not probabilities.
Chairman Coontz opened the public hearing.
Applicant, Randy Blanchard, President of Sand Dollar Development,
16371 Beach Blvd., Huntington Beach, spoke in favor of this application.
He explained that this project has been 8 or 9 months in the planning
stages. They have tried to incorporate as much as the community wished
into the project. They have agreed to put a traffic signal in, at
.~ t
Planning Commission Minutes
April 21, 1980
Page Four
their expense. They are trying to design something that is attractive
to the community and a great deal of money has been spent in the design
of the architecture. He addressed himself to Commissioner Mickelson's
question about the design features of the units, stating that their
architect has reviewed the police requirements and doesn't see a
problem with them. The police and fire departments made several
suggestions and they are trying to go along with them.
Bob Torres, 4525 E. Agua Way, Orange spoke in favor of this application.
He stated that several months ago, he was approached by the Sand Dollar
Developers and by request of the Planning Department he has been working
very closely with Sand Dollar, representi ng E1 Modena Homeowners
Association, to try and bring something into the community that is
worthwhile. They have been negative to other plans, but are in favor
of this plan. He explained how they brought the traffic signal problem
to the attention of the developer and Sand Dollar agreed to put one in
in order to work with the community. They have also agreed on other
problems, such as Montgomery Place. Many people felt that if Montgomery
was two-way up to the site of the development, then people would then
start going south on Hill. Therefore, the builder agreed to make it
a one-way street only. There are a few other little problems, but
they will work together so that everyone hopefully will be happy,
Herm Flores, 441 S. Hill and 493 S. Hill, Orange, spoke in opposition
to the application. He stated that he is renting one house, but building
another down the street - hence the two addresses. He indicated that
he has lived in this area since he was a child. It was a very peaceful
area - there is a green belt and a park - and now they are going to
clutter it with a condominium development. He said that he has heard
all of the arguments regarding traffic, but nothing about schools. He
pointed out that he had to go along with a certain criteria in order
to build his house, but now a builder comes in and builds two-story
buildings. This area was supposed to be low density single-story zoning.
It was pointed out to him that this property has been zoned for multiple-
family housing for quite a while. He again asked what the impact will
be on the schools in the area. Chairman Coontz answered that they have
a report from the school district. Flowever, this is an informational
document only. A copy of this report was handed to Mr, Flores. He
stated that he thought he was living in a residential area when he
moved there, but now he is in the middle of a condominium area and
apparently will have to learn to live with condominiums next door to him.
Ray Longbotham, 4433 E. Justice, Orange, spoke in opposition to the
application. He again questioned whetkrer or not an Environmental
Impact Report is necessary. Chairman Coontz answered that it was
discussed before that it is a Negative Declaration only. The traffic
report that had been requested has been added to the Negative Declaration.
Mr. Longbotham stated that he had spoken to Mr. Dennis regarding the
traffic situation. He thought that unless you live in the area, you
cannot make judgements.
He pointed out that Marmon, where the main entrance to the development
will be situated, is an odd intersection. He felt that a thorough
investigation is needed here. There are two odd intersections between
Esplanade and Hewes along Marmon. These cause difficulties now and
this area should be thoroughly studied.
Chairman Coontz explained that the builder is agreeable to building a
traffic signal there and this is a very costly thing. She pointed out
that it is quite far down on the priority list for the city and for the
builder to do this is an expensive undertaking. Mr. Longbotham said
that he wanted to see an in depth traffic report in this area. He
drives out of that area every morning and evening and sees the
difficulties there. He felt that the people in the area would feel
a lot safer if this is studied.
Pauline Craigmore, 4629 Agua Way, Orange, spoke in favor of the
application. She stated that she has five grandchildren who live in
that area and she spoke highly of the proposed development.
^~
Planning Commission Minutes
April 21, 1980
Page Five
Wilbur Bullard, 4609 Agua Way, Orange, spoke in favor of the application,
stating that he drives down Marmon every day and sees no problem,
especially since they have agreed to put in a traffic signal. This
will improve the area.
Mr. Blanchard responded by stating that he understands today in the
business, that they must come in and try to talk to the people about
their problems and needs. They try to understand the problems and
work with them. They have been in contact with Mr. Larsen of the
Orange Unified School District and have met with several homeowners
on the corner and discussed the traffic signal. He explained that the
signal will cost the builder $100,000 to install. He felt that the
people will be proud to have it.
There being no one else to speak to this application, the Chairman
closed the public hearing.
0
Commissioner Master thought that it would be appropriate for the City
Engineer to make some comment regarding the capacity, in order to make
this report complete. He felt that knowing what the impact would be
is the bottom line. Commissioner f~lickelson thought that perhaps com-
ments could be included from previous minutes in this regard. He
recalled that it was discussed during the meeting when it was continued
and the traffic engineer had said he had reviewed it and that the streets
were adequate and there was no concern. Therefore, the Staff and the
Environmental Review Board had accepted a Negative Declaration on it.
He recalled that Commissioners had then asked for additional information
in the form of the report that came to them. Mr. Murphy pointed out that
the report, as Staff understood it, was in addition to the Negative
Declaration. It was not written in an attempt to answer the Environmental
Impact or Negative Declaration, but as supplementary information for the
Commission.
Commissioner Mickelson felt that it would only be helpful to add Com-
missioner Master's comments to the report, although he gathered from
Commissioner Master's question that he was not sure that it would be
verified by the traffic engineer. The significant point is that the
property is in effeft zoned R-3 - multiple family. It is limited to
single-story and the zone change is merely to change from single-story
to two-story to allow a different type of construction, and perhaps a
higher quality development. The real point is that the basic density
factor does not change going from single-story to two-story. There
would still be the same amount of traffic generated because the density
factor does not change. The other part of the application is a con-
ditional use permit for a condominium as opposed to what perhaps might
be a subdivision of duplexes, four-plexes or six-plexes, which would
again meet the code and have the same density factors.
Moved by Commissioner Mickelson, seconded by Commissioner Master that
the Planning Commission accept the findings of the Environmental Review
Board to file Negative Declaration 616, with the findings that the
removal of the one-story height limitations will not affect the permitted
density for the site, thus allowing developer to have a planned unit
development.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner Hart to recommend
approval of Zone Change 921 from RM-7-A to RM-7, with the findings that
the removal of the one-story height limitations will not affect the
permitted density for the site, thus allowing developer to have a
planned unit development.
Planning Commission Minutes
Apri 1 21 , 1980
Page Six
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioner
Coontz, Hart, Master, Mickelson
none
Ault MOTION CARRIED
Commissioners then discussed the conditional use permit, with regard
to conditions lla and llb and whether they both should be left in the
Engineer's Plan Check Sheet. Mr. Murphy stated that based on the
public hearing that the Commission should decide whether they wished
to go with Condition lla or llb and direct the recommendation to the
City Council.
Commissioner Mickelson stated that he did not get the idea that the
Commission was to choose between lla and llb, but that they were to be
carried through so that the Staff had the option, in the event that
Montgomery Place becomes two-way, then they could allow both ingress
and egress, but as long as it remains one-way, it would be exit only.
Staff would have the flexibility to work it out.
Mr. Murphy pointed out that the Commission should indicate that there
is a direction to attempt one way or the other, so that they would have
something to assess.
Commissioner Mickelson stated, as a point of discussion, that in the
long run, he felt that establishing Montgomery as a two-way street is
the better solution. However, that is not the wish of the people.
He would like to avoid going back through the hearing process again.
Commissioner Mickelson then asked Mr. Johnson if he intended that lla
or llb be chosen as a dire ction. Mr. Johnson replied that he hoped for
direction from the Council. Originally there was a lot of opposition
when they went one-way. Now no one wants to change it. There is some
concern that traffic will come up on Hill Street on the north side of
Park, coming down and into this development. But he didn't think this
will happen. He thought that other entries into the development were
being closed and there should be more versatility. His suggestion
would be that it should be made a two-way street and if there was a problem
that they could go back to the one-way concept. He felt that this
development needs more versatility getting in and out of it. He would
like to give the people in the development more of a choice. The intent
is to leave it one way westbound on Montgomery. That means that the
people from this development would only be able to go out on Montgomery -
they would not be able to come in that way. They would have to come in
via the traffic signal.
There was more discussion among the Commissioners in this regard. Mr.
Johnson did not see a problem putting the street back to a two-way street
and looking at it periodcially to see if there are any problems.
Moved by Commissioner Hart, seconded by Commissioner Master to recommend
approval of Conditional Use Permit 1017 and Tentative Tract 10949,
subject to Engineer's Plan Check List, including discussion of
Montgomery Place as per Condition llb, with the future right to change
said street to a two-way street if the one-way street does not prove
satisfactory.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
IN RE: NEW HEARINGS:
Since the first three items under New Hearings were like requests,
Commissioners decided to group them together, both for discussion and
decision.
CONDITIONAL USE PERMIT 1025 - NAUTILUS II OF ORANGE:
Request to allow tanning booths in conjunction with a fitness center on
the west side of Tustin Street, south of Meats Avenue. (Note: tJegative
Declaration 627 has been prepared in lieu of an Environmental Impact
Report.)
Planning Commission Minutes
Apri 1 21 , 1980
Page Seven
CONDITIONAL USE PERMIT 1028 - LAWRENCE:
Request to allow a tanning salon in the C-1 zone on the south side
of Chapman Avenue, west of Prospect Street. (Note: Negative
Declaration 623 has been prepared in lieu of an Environmental Impact
Report.)
COfdpITIONAL USE PERMIT 1031 - ACHENBAUGH:
Request to allow a tanning salon in the C-1 zone on the south side of
Chapman Avenue, east of Prospect Street. (Note: Negative Declaration
625 has been prepared in lieu of an Environmental Impact Report.)
Chairman Coontz explained that the City Attorney had indicated that
usage here could be either C-1 or C-2 and the only reason the Planning
Commission has this is that it was the City Council's desire and the
P1 anni ng Department's desire that i t be handled through a conditional
use permit. An emergency ordinance was adopted by the City Council,
requiring a conditional use permit in the C-2 zone and the City Attorney's
offi ce has taken the position that this wi 11 be true of the C-1 zone as
well. The use would be allowed in either the C-1 or C-2 zone by con-
ditional use permit, according to Mr. Murphy, under the emergency
ordinance. It was pointed out that there are regulations which will
be going into effect in May with regard to these uses.
Chairman Coontz then asked the audience if there was anyone who objected
to the position of the tanning booths in regard to their geographical
location. There being none, Mr. Soo Hoo made the presentation of
these three applications on behalf of the Staff. He pointed out that the
first application, Nautilus II, is asking to operate tanning booths in
conjunction with a fitness center, on the west side of Tustin, south
of Meats. The second one is a tanning salon on the south side of
Chapman, west of Prospect Street, and the third one is also a tanning
salon located in the general vicinity of the second one on the south
side of Chapman, east of Prospect. The second two are tanning salons
only, unlike the first one. He pointed out that the Commission allowed
a tanning salon on the east side of Tustin Avenue, just north of Taft
earlier this year. The Orange County Health Department expressed concern
over the potential adverse physiological reaction caused by excessive
exposure to ultraviolet radiation. These are listed by the County
Public Health & Medical Services Department as (a) inflammation of the
cornea of the eye (keratitis); (b) skin burns (erythema); (c) skin cancer;
and (d) premature aging of the skin. The City Council has just passed
an emergency ordinance that for an interim of 120 days would only allow
tanning facilities in the C-2 zone, which requires a conditional use
permit and the City Attorney's office, shortly thereafter, interpreted
that order from the City Council to include the C-1 and C-2 zones.
One of these salons is really different than the other two, since it
plans to incorporate the tanning booths within a fitness center. The
tanning booths would be separated into two general areas, one set of
3 booths would be within the women's dressing area and one set of 4
booths would be within the men's dressing area. This would be a total
of seven booths. The other two on Chapman - the one represented by
cup 1028, is proposing 10 tanning booths, while the third one is
proposing 4 tanning booths.
Staff feels that the City Council's emergency ordinance was to ensure
that the public's health and safety were protected with adequate con-
ditions for these proposals with the conditional use permit until more
permanent measures could be taken.
Staff's re commendation is that the Commission approve these applications,
subject to the conditions listed in each of the reports. He asked the
Commission to note that Nautilus has a slightly different condition
regarding the door hardware. Mr. Soo Hoo explained that these are
basically the same measures proposed for the tanning salon which was
previously allowed.
Planning Commission Minutes
April 21, 1980
Page Eight
~ Chairman Coontz opened the public hearing. She explained that she
felt there was no need to hear from the applicants on these applications,
There being no one to speak in opposition, the public hearing was closed.
Moved by Commissioner Hart, seconded by Commissioner h1aster to accept
the findings of the Environmental Review Board with regard to the
Negative Declarations 623, 625 and 627.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Moved by Commissioner Coontz, seconded by Commissioner Mickelson to
recommend approval of Conditional Use Permits 1025, 1028 and 1031,
subject to the conditions pertinent to each application.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
CONDITIONAL USE PERMIT 1027, VARIANCE 1574 - DE LA CRUZ/
GARZA:
~' Request to allow a residence in a commercial zone. above a market and
to allow reduction of required setbacks on the south side of Palm
Avenue, east of Cleveland Street. (Note: This project is categorically
exempt from Environmental Review.)
Mr. Soo Hoo presented this application on behalf of the Staff, pointing
out that this application is also a request to allow modification of
required setbacks. The site of the proposal is located on the south
side of Palm Avenue, 100 feet east of the centerline of Cleveland Street
and contains 2100 square feet of area. The site is zoned C-1 and
presently contains a small neighborhood market. The applicant is
proposing to remove the existing market because of structural deficiencies
and replace it with another market with a two-bedroom residence on the
second floor area. The market would contain approximately 1,200 sq. ft.
of floor area while the residence would have approximately 1325 sq. ft.
One garage space is proposed which can be reached via an 8 ft, wide
driveway.
Staff feels that varying from the established residential setbacks in
this case is justified, both because of the limited size of the lot and
since the project's primary use is as a market and thus follows commercial
setback criteria. In addition, lot size constraints also prevents pro-
vision of more off street parking spaces. However, Staff is confident
that the parking demand, as proven in the past, will be minimal, since
this is primarily a neighborhood with many senior citizens living there,
and most of the market traffic is foot traffic,
Staff also feels that the residential nature of the area, as well as the
character of a small neighborhood market, makes the proposal of a
secondary residence above it acceptable. Also, the small amount of
floor area on the floor plan will not encourage a demand for many
parking spaces.
Staff recommends approval of this application, subject to the 11
conditions listed in the Staff Report. Mr. Soo Hoo pointed out that
the conditions listed in the Staff Report 1 through 5 and 1 through
should be listed 1 through 11.
Chairman Coontz opened the public hearing.
Applicant, Pasquel de la Cruz, 289 N. Cleveland, Orange, addressed the
Commission in favor of the application. He stated that he purchased the
property and at that time it was a market. He was going to fix it up
and reopen it. However, the structure was very bad, so he decided to
tear it down. He explained that the neighbors want this market because
there are many senior citizens and they walk to the market.
Planning Commission Minutes
Apri 1 21 , 1980
Page Nine
Pete Lindenberger, 276 N. Harwood, Orange, addressed the Commission,
questioning the existing setbacks. He wondered if the reason applicant
was asking for increased setbacks was because it was part residence.
He was told that this was correct, that he was asking for a variance to
modify that requirement. Setback would be 6 feet from the property
line, which is inside the sidewalk. New structure would be built on
the property line, but the existing structure is now built on the
property line. Mr. Lindenberger asked where the one-car garage would
be located. He was told that there would be an 8 ft, drive for the
garage and it would be accessible from Palm. He then wanted to know
how high this two-story structure would be and he was told it would be
just a little higher than 20 feet.
Marianne Alderson, 654 E. Palm, Orange, addressed the Commission,
stating that she did not understand where exactly the beginning of
the structure would be as far as reducing the required setbacks. She
wondered how this related to the present structure. She was told that
it would be approximately in the same area as the present structure.
Commissioner Hart explained that the reason why the applicant is here
is because he wants to tear down the present building. Pis. Alderson's
other concern was that the building be built in keeping with the general
idea of the neighborhood architecture. Commissioner Master explained
to her that the plan called for using shiplap construction, or clapboard,
on the outside of the structure, which is in keeping with the surrounding
buildings .
Commissioner Mickelson explained the term, "reduction of the setback"
It is the reduction of the technically required setback, but not a
reduction of the existing setback.. The existing setback is 0 on each
side, and can't be more than 2 or 3 feet in the front.
There being no one else to speak to this application, the Chairman
closed the public hearing.
Moved by Commissioner Hart, seconded by Commissioner Mickelson to
approve Conditional Use Permit 1027, Variance 1574, including the
four findings in the Staff Report, and subject to Conditions 1 through
11.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
CONDITIONAL USE PERMIT 1029, VARIANCE 1575 - RUIZ:
Request to allow a second story in the RCD overlay zone and to allow
expansion of a residence without provision of a garage on th east side
of Grand Street, north of Culver Avenue. (Note: This project is
categorically exempt from Environmental Review,)
Mr. Soo Hoo made the presentation of this application on behalf of the
Staff, stating that this applicant is requesting approval of their plans
to construct a second story onto their existing single story residence.
The zoning code does require that any second story alterations must receive
a conditional use permit in the RCD district. The subject property
contains 6,275 square feet of land located on the east side of Grand
Street, approximately 90 feet north of the centerline of Culver Avenue.
The property is zoned R-D-6 (RCD) and contains a single family house,
study room (accessory structure) and tool shed. There are single family
residences in the R-D-6 zone to the north, east and south and single
family residences and duplexes in the R-D-6 zone and multiple residences
in the R-h1-7 zone to the west of the property. It was pointed out that
Grand Street and Culver Avenue are 60 foot local streets. Applicant
wishes to construct a second story on an existing single story residence.
A single car garage exists on the site, which the applicant states was
converted into a study approximately 40 years ago and he is requesting
that it not be converted back into a garage and they not be required to
build a new garage structure. He wishes to upgrade the existing converted
room and thereby not provide garage space on the site.
Planning Commission Minutes
Apri 1 21 , 1980
Page Ten
Staff viewed the neighborhood in question and observed that there are
many two-story houses in the area. In addition, Staff has noted that
the single story houses of the neighborhood have high, pitched roofs
that give the neighborhood a second story character. There are also
some houses in the area either without garages or with garages converted
to other uses .
In this neighborhood, most of the structures, whether single or two-story,
approach the thirty foot height limitation for residences. Staff,
therefore, feels that construction of a second story, with proper
architectural review, would not detract from the existing character of
the area. In addition, the Staff feels that the proposal is a minor
enough expansion, since it will not directly affect the parking
situation, that the lack of a garage should not preclude its approval.
Staff re commends that the Planning Commission approve the conditional
use permit and variance, as requested, with the two conditions listed
in the Staff Report.
Chairman Coontz opened the public hearing.
Applicant, Joe Ruiz, 383 S. Grand Street, Orange, addressed the Commission
in favor of this application. He explained that they moved to Old Towne
area of Orange because of its charm and their addition will be in that
vein. Additionally, he is asking for a variance for the garage only to
use it in the way that it has been used for approximately 40 years.
The building is 60 years old and not of any particular design. It is
not stucco - kind of a mixture of siding. It is not particularly
distinctive.
There being no one else to speak to this application, the Chairman
closed the public hearing.
Moved by Commissioner Hart, seconded by Commissioner Nickelson to
approve Conditional Use Permit 1029 and Variance 1575 for the reasons
outlined in the Staff Report and subject to building plans being
submitted to the Design Review Board and project being built by the
approval of the Planning Division. Commissioner Nickelson suggested that
there be an additional finding stating that the variance is necessary to
allow the same or similar privileges of other property owners in that
same zone in the vicinity. It was decided to allow the motion to stand
as is.
~.
AYES: Commissioners Coontz, Hart, Master, Nickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
CONDITIONAL USE PERMIT 1030 - ALVIN:
Request to allow conversion of two single family residences to offices
on the north side of Chapman Avenue, east of Waverly Street. (Note:
Negative Declaration 624 has been pre pared in lieu of an Environmental
Impact Report.)
Mr. Murphy presented this application on behalf of the Staff. H e
pointed out that the subject property is a rectangualar shape consisting
of two smaller rectangular parcels containing .37 acre of land (total)
located on"the north side of Chapman Avenue approximately 86 feet east
of the center line of Waverly Street (1015 E. Chapman and 1025 E. Chapman.)
The property is zoned 0-P and contains two single family residences.
There are single family residences in R-1-6 zone to the north; office-
professional use in the 0-P zone to the east, and the north and south
sides of Chapman.
Planning Commission Minutes
Apri 1 21, 1980
Page Eleven
Mr. Murphy explained that the applicant intends to convert the two
existing single family residences on the subject property to Office-
Professional facilities. The two proposed offices with a combined
square footage of 3336 square feet, will share a common 30 foot driveway
apron in the front. Three parking spaces will be provided in front for
the easterly located building. A 15 foot wide driveway, located between
the two buildings, will provide access to additional parking located in
the rear of the bui 1 di ngs against the existing property 1 i ne . Each
building will have an additional 6 parking spaces in this rear area,
5 being located in two existing garages. The property will be shielded
on the sides by a concrete block wall that turns into a wood fence as
it extends toward the front (Chapman Avenue). The applicant proposes
to retain an existing 82 ft, wide driveway located on the eastern
boundary of the property leading from Chapman Avenue to the rear parking
area.
Staff recommends approval of the conditional use permit with the 14
conditions stated in the Staff Report.
Commissioner Mickelson questioned whether there really are 54 ft, of
setback at this time. It shows 10 ft, of dedication, 10 ft, of land-
scaping, three 9-ft, parking spaces fora total of 54 feet. Mr. Murphy
explained that this is what they have been told by the applicant. They
have not measured these dimensions. Commissioner Mickelson then
questioned the parking spaces in the front of the property, as it was
his understanding that 0-P zoning requires parking to be in the rear.
Mr. Murphy thought that this requirement is for C-P zoning. Commissioner
Mickelson then asked that assuming these dimensions are correct and
these two properties are owned by the same party now, why couldn't the
driveway along the east boundary be eliminated, reduce some of the
paving in front and make a two-way driveway. Mr. Murphy explained that
Staff felt that the second driveway might be of some value in assisting
the circulation on the property. Commissioner Mickelson pointed out
that there are so many driveways on Chapman Avenue now and each one is
a point of conflict. The more points of conflict you have, the more
incidences of accidents there are. Mr. Murphy made the suggestion that
this be discussed with the applicant.
Chairman Coontz opened the public hearing.
Applicant, Jean Alvin, 9962 Highcliff Drive, Santa Ana, addressed the
Commission in favor of this application. She explained that they would
like to take these two buildings which are now being rented as single
family residences, and change them into office buildings. This would
be a better use of the land. Commissioner Mickelson wondered if they
could project to using one driveway and have less paving and more
landscaping. Mrs. Alvin replied that they feel the double driveway
between the two buildings would help with the exiting from the
buildings.
There being no one else to speak to this issue, the public hearing was
closed.
Mr. Murphy pointed out that a 15th condition should be added and that
would be that, regardless of whether there are one or two driveways,
that there be reciprocal rights of ingress and egress and also reciprocal
parking so that there are no future problems with the future combined
use of these two properties.
Commissioner Mickelson then asked Mr. Johnson what the existing half
width is of Chapman Avenue at that point. Mr. Johnson replied that it
is probably 33 ft. with a right-of-way of 22 ft, of roadway. Ultimately
it will be 43 ft. with 32 ft, of roadway.
Commissioner Hart wondered how much would be taken off the front of
this property for dedication. The answer was 10 ft. of additional
right-of-way.
Planning Commission Minutes
Apri 1 21 , 1980
Page Twelve
Moved by Commissioner Master, seconded by Commissioner Hart to accept
the findings of the Environmental Review Board in regard to Negative
Declaration 624.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner Hart to
recommend approval of Conditional Use Permit 1030, as stated by the
Staff and subject to the 14 conditions listed in the Staff Report,
including the addition of Condition #15 that there be reciprocal
rights of ingress and egress and also reciprocal parking.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
VARIANCE 1576 - ENVIRONETICS ARCHITECTS, INC.:
Request to allow an office development which would have less than
required setbacks and off-street parking as well as more than permitted
number of compact parking sppces at the northwest corner of Chapman
Avenue and Manchester Avenue. (Note: Negative Declaration 626 has
been prepared in lieu of an Environmental Impact Report.)
Mr. Murphy presented this application on behalf of the Staff, pointing
out that the Commission is probably familiar with this property, having
seen other plans for said property.
Mr. Murphy explained that this is a rectangular shaped parcel of three
single-family lots containing approximately .52 acre of land, located
at the northwest corner of Chapman Avenue and Manchester Avenue. The
site is presently vacant and is zoned R-1-6 with an intent to rezone
C-1 pending review of final plans. Zone Change 815 was approved by
the City Council on May 10, 1977, subject to the intent to rezone
procedure. At that time a convenience store/donut shop was proposed.
On July 26, 1977 the City Counci 1 re viewed a proposal to develop a
drive-thru restaurant on the site and found it unacceptable. On
April 25, 1978 the City Council, after much input from area residents
regarding compatibility between residential and non-residential uses,
found preliminary plans to develop a 9,411 square foot, 2-story office
building acceptable. Concurrently, a variance was approved by the
Planning Commission to allow a 10 foot setback along Manchester Avenue,
as well as to allow provision of 43 parking spaces in lieu of the 46
required by code. A special effort was made at that time to minimize
the impact of the proposal by facing the narrow building face toward
the residences to the west and eliminating any windows on that side.
Commissioner Mickelson asked what the setback on the western boundary
of this plan was. He thought that this had been a two-story plan with
semi-subterranean parking with a blank wall facing the west property.
Mr. Murphy replied that it was some 23 feet from the west side.
Mr. Murphy explained that the surrounding land use and zoning are
single family residences in the R-1-6 zone on the north and west sides
of the property, with vacant land in the C-2 zone to the south and
vacant land in the C-1 zone to the east.
The applicant is requesting a variance in order to develop a modified
office proposal on the site. According to the applicants' statements,
a maximum 45 foot high (3 stories over parking), 16,500 square foot
office building is proposed for which 55 parking spaces are to be
provided - 66 spaces normally would be required (1 space per 250 square
feet of gross floor area). In addition, 26 of these spaces (47%) are
proposed as compact stalls. The code allows a maximum of 20% in compact
parking. Lastly, 3-foot setbacks are proposed along both street
Planning Commission Minutes
April 21, 1980
Page Thirteen
frontages in lieu of the required 10 feet. The Staff is concerned
about these variances, both in terms of the landscaping of three feet
not being able to provide adequate landscaping within a limited size
area, as well as the variance on parking not being justified because
of the fact that there is no hardship on this particular property in
terms of that parking reduction. Any overflow of parking that might
be needed for the property could very easily flow into the adjoining
single-family residential tract to the west and to the north. Staff
did not make any comment to the applicant as to the height of the
building, as they felt that should be a part of the public hearing
response through tonight's hearing process. Mr. Murphy pointed out
regarding the height of this building that the City Council recently
turned down a 6-story building proposal on Katella Avenue, apparently
looking at a basic two-story maximum height for commercial properties
adjacent to single family residences.
Mr. Murphy went on to point out that the applicant proposes parking
on the entire ground level with varying number of floors above that
ranging from one to three. The western wing would contain one story
though an exposed patio is proposed above. Vehicular access to the site
would be from Manchester Avenue.
The Staff has reviewed the proposal and indicated that the severity of
the variances requested indicates that the applicant is attempting to
overbuild the property. It was also pointed out that the landscaping
illustrated for the north and west property lines was extremely
exaggerated unless the applicant was willing to commit to planting
what appear to be 30 ft, tall trees at very close intervals.
There are probably two basic issues involved with this proposal -
the request for modification of parking and setback requirements and
also the question of acceptability of the project in general since the
property is still technically zoned R-1-6 subject to the intent to
rezone procedure.
The intent of the variance process is to allow for modification of
development standards where strict adherence would deprive a property
owner of privileges enjoyed by other properties in the same vicinity
and zone. It must, at the same time, be remembered that these same
development standards apply to all developments in the same zone and
any exceptions or modifications to them would be considered special
treatment unless they could be justified as offsetting a hardship
~,, not faced by other similar properties.
In this case, the applicant seeks to reduce the parking requirements
from 66 to 55, to allow 47% of those spaces as compact spaces versus
the maximum allowab le of 20%, and to reduce the setback requirement
form the street from 10 feet to 3 feet. Staff feels that this is an
attempt to grossly maximize floor area by disregarding the few development
standards which exist for commercial development, standards which other
commercial builders must strictly follow.
The property is zoned R-1-6 with an intent to rezone to C-1 zone. This
procedure was imposed specifically to insure that future development
of the site be compatible with the abutting residential uses. A
tremendous amount of effort was expended by the Design Review Board,
Planning Commission, City Council and Staff to properly plan the
previous 2-story office proposal in an acceptable manner. The present
revised proposal appears to contain two major deficiencies in this respect:
1. An open patio proposed above the west wing would overlook the
residences to the west and is located only 23 feet from the
property line and would effectively be on the third story.
2. The equivalent of a four-story building will overlook residences
to the north though a greater setback is proposed (48 feet).
Planning Commission Minutes
April 21, 1980
Page Fourteen
The applicant indicates that "Dense Tree Growth" will be provided
along the north and west property line and the plans submitted do
show an immense amount of tree planting. However, Staff must seriously
question both the applicant's financial ability to provide such a
short-term result as well as the ability of a 5-foot wide planter to
accommodate it. Unless the applicant is willing to specifically commit
to providing landscaping of the magnitude represented at the time of
development, Staff suggests that representations of such be ignored.
Staff feels that significant changes should be made to the building
before they can support the project.
After much discussion among the Commissioners regarding the placement
of parking spaces and the way the building is supported, the Chairman
opened the public hearing.
Applicant, Eric Lerner, 1111-0 Ohio Avenue, Los Angeles, addressed the
Commission in favor of this application. He answered the Commission's
questions regarding the way the building is supported and also pointed
out that the spaces under the building are 10 feet in width, the spaces
outside being 9 feet in width. He stated that after reading some of
the negative recommendations in the Staff Report, it is the intent of
these developers to try and work with the city to arrive at a solution
that would be satisfactory to everyone involved. This property does
have a history of problems. It is their belief that the first two-story
building was not built because it was not financially feasible.
They want to use this land to its maximum use with a minimum impact on
the surrounding area. Their first design was rejected. They are now
proposing the current design. He pointed out that there have been two
staff reviews and also the neighboring residents have been involved
in this proposal. The developers called fora dinner meeting and
invited the neighboring residents. Only one came and they interpreted
this to mean that they did not object to this proposal. He spoke of a
letter from Mr. Murphy, outlining the staff's objections to this
development and the company's answer. With regard to Page 4, paragraph
2 of the Staff Report concerning compact car spaces, he pointed out
that cities such as San Diego and Los Angeles are now allowing a larger
percentage of overall space for compact spaces. He explained that the
building is set back from the street 10 feet on the Manchester side and
13 feet on the Chapman side and it is only for landscaping that there
is a three-foot width. He also pointed out that the dense landscaping
will have to be used in order to comply with what the neighboring
residents need. He explained the kind of landscaping that would be used.
They wi 11 be going to consi derab le expense to put i n the type of
landscaping that is needed.
He went on to explain that they have crammed the site with as much
parking spaces as possible because they must have as much building
leasable space as possible in order for this to be financially durable
for the developer.
He then referred to Page 4, paragraph 4 of the Staff Report, discussing
the patio. He pointed out that if this is objectionable to the
Commission, it can be deleted. In response to #2 under Paragraph 4,
with reference to a four-story building, he admitted that this is the
equivalent of a four-story building. This is a site that is interfaced
between a residential area and what is going to be a growing commercial
area. They have tried to address both of these issues.
With regard to the configuration of the building, it was his understanding
that there was some discussion about ratios of distance to height of
adjacent residential properties. Regarding the number of occupiable
square feet, what is negotiable is the configuration of the building.
It is divided into essentially four squares. There still must be the
same number of square feet available, but the squares can be moved
Planning Commission Minutes
Apri 1 21, 1980
Page Fifteen
around. If the Commission feels that the setbacks need to be greater
in comparison to the height, it is conceivable that they would take the
third floor square and put it in another place.
They have tried to provide some very generous landscaping if and when
this plan is approved. The scheme employs residential materials, if
not a residential profile. They have eliminated any windows on the
west facing side. However, the occupiable square footage is the most
important issue.
Commissioner Mickelson wondered if, when the Staff calculates the gross
square foot area, do they include the red area in the plan? The answer
was that they include any portion of the building that is enclosed on
three sides minimum. Unless it is clearly an outdoor walkway that is
subject to weather conditions - environmental conditions, rain, heat,
etc., it is included in gross floor area of the building because it
could be occupied temporarily or permanently. The elevator is included,
but the patio is not included.
Commissioner h1ickelson pointed out that unless there is a significant
discrepancy in how the square footage is calculated, he felt that
their ordinance is minimal at 1 per 250. There is no place else to
park .
The applicant then answered the geustions of the Commissioners in regard
to the parking areas. He pointed out which areas were outside of the
building, explaining that in their square foot calculation, they took
into account the outside strip as circulation. It will never be leased
space.
Commissioner Hart was curious about the sequence of events regarding the
plans of the design of the new building. He wondered if they had ever
been before the Planning Commission before. Mr. Lerner said that they
had not. However, the previous scheme had some prior feedback on his
design. Therefore, he approached the previous owner and received some
sugges ti ons .
Richard Denman, 2427 Bangham Drive, Los Angeles, addressed the Commission,
representing the developer of the project. He explained that an attempt
was made to create something that was compatible with the environment.
They purposely moved as far from the property line as they could and
planned heavy landscaping in order to block and screen the building from
the neighboring residents and to screen people from looking down on the
residents. They felt that this is the only way to make commercial
property interface with residential property as close as this is. They
are trying to give this building a residential feel for compatibility.
They are tyring to utilize the site so that it will be economically
feasible and usable.
Commissioner Master questioned Mr. Denman with regard to the parking and
the fact that some of the spaces look impossible to get to. Mr. Lerner
replied to this question, pointing out how the parking spaces would be
reached. Commissioners Coontz and Master still questioned the fact that
there are several parking spaces that are inaccessible. Mr, Lerner
explained that if the plan is approved it will probably go through some
changes in configuration. They would like to get some dire ction from
Staff on this,
There being no one else to speak to this issue, Chairman Coontz closed
the public hearing.
Chairman Coontz pointed out that the most important problem with this
project is not the parking, but it is the height with regard to the
neighboring residents. It would seem to be an ideal area for a building
of this type, but realistically it is backed up to a residential area.
A two-story structure is about all the Planning Commission could work with.
Planning Commission Minutes
April 21, 1980
Page Sixteen
Commissioner Mickelson stated that he agreed with the Staff that the
developer has not justified the variance. The site is square and
perfectly flat and he sees little reason for a variance. This is one
of those sites that people have been selling to each other for years
and nothing has happened on it.
Commissioner~H~rt was inclined to take the legalistic approach on this.
He believed that they are talking about a hardship. It was not created
by the city, but it was created by the price of the property. The
Planning Commission is not involved in this.
Commissioner Mickelson stated that he saw two things wrong. One is the
basic resolution of intent which the Council did on this. He does not
see legal and appropriate justification for granting a variance. He
would want to take Staff's recommendation to deny. The applicant spoke
again, regarding developing this property. He wondered if they should
pursue this as a residential site rather than a commercial site. It
is economically impossible to do what the Planning Commission seems to
be suggesting. They would like some guidance as to what they should
do with this property. The two-story building is not the answer
economically. He asked if condominiums or apartments could be built
on the site. He was told that he would have to apply for a zone change.
However, the Planning Commission was not recommending or suggesting this.
Moved by Commissioner Mickelson, seconded by Commissioner Hart to
accept the findings of the Environmental Revi ew Board regardi ng
Negative Declaration 626.
AYES: Commissioners Coontz, Hart, Master, Mickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Moved by Commissioner Mickelson, seconded by Commissioner r1aster to
deny Variance 1576 because applicant has not substantiated sufficient
hardship to justify the granting of the variance's request.
AYES: Commissioners Coontz, Hart, Master, f~lickelson
NOES: Commissioners none
ABSENT: Commissioner Ault MOTION CARRIED
Mr. Murphy pointed out on behalf of the Staff that this decision will
be final unless there is an appeal to the City Council within 15 days.
IN RE: CONTINUED HEARINGS:
AMEND~1ENT 1-80 - CITY OF ORANGE:
Amendment to Article IX of the Orange P~uni ci pal Code relating to
Condominium Con versions. (Continued from meeting of April 7, 1980.)
Chairman Coontz expressed the Commission's appreciation of Commissioner
Mickelson's work on the recommendations that he gave.
Chairman Coontz pointed out that in their response to the November 8,
1979 Planning Department study on possible revisions, the Planning
Commission was unanimous in its recommendations to the City Council
that (1) the Commission was concerned about the rights of the property
owner to use his property in a reasonable manner without unnecessary
government regulations. However, Commission recognized that there is
social impact of condominium conversions that must be dealt with in an
effective manner. She explained that at that time they were under a
lot of pressure and looking at condominium conversion applications at
the time and because of the moratorium they had gotten separated from
those out in the audience and she felt that they have now begun to take
a little different stance than they did when they were under pressure.
Secondly, they recommended a housing analyst responsibility and thirdly
they indicated concern over the upgrading of older housing through condo
conversions, which seriously would affect the senior citizen with a low
income. The Commission also indicated that they we re interested in
Planning Commission Minutes
Apri 1 21 , 1980
Page Seventeen
application review criteria and findings in making a determination on
condo conversion applications. Chairman Coontz then proposed to go
through the ordinance and look at the latest revision of the Planning
Staff in combination with what Commissioner Mickelson has done. Sh e
suggested that the Commission go through and agree or disagree with
what they want kept in the ordinance. She stated that this could be
in the form of a motion, depending upon the reaction of the Commission.
Section 1781.020, pertaining to the written description of the common
areas - 3, 4, 5 - all should be retained, except that the DRB review
be deleted. B under this section - tenant information - add to #2
the phrase: "retain gummed labels for the purpose of notification to
the tenant." Retain #3 - the proposed sale price and retain the current
rents.
Commissioner Hart disagreed with this. He felt that it is almost
impossible, as long as these projects take to go through the hearing
and finally get them converted and get the work done on them, to give
a figure that they can live with. What we are suggesting is to hold
someone to a price. There was discussion among the Commissioners on
this point. It was agreed to add: ..."Proposed sales price subject to
escalation."
Commissioner Nickelson explained that the reason he felt strongly about
#3 was because at the present time it is in violation of the Department
of Real Estate regulations to quote prices. That is debatable because
we say "the proposed sales price" so you are proposing a range and,
therefore, we are not quoting a price. It was agreed that the developer
cannot be saddled with a fixed price.
Section 17.81.030 - Final P1ap Requirements. Commissioner Mickelson
explained that this changes the concept of the ordinance quite a bit.
It puts a series of things that were required under the application
to be required only after the tentative map is approved and prior to the
final one. Chairman Coontz wondered if this should be placed at the
end of the ordinance. Commissioner Mickelson didn't think this matte re d -
the important point was whether the Staff feels strongly about requiring
the CC&Rs, etc. as a condition of acceptance of the tentative map or
if they feel that they can take action on the map and then require them.
Commissioners de cided to change this to "...final map requirements."
Section 17.81.040., provision for protecting current tenants. Chairman
Coontz suggested retaining everything except reference to "either
increased relocation assistance payments at least 50% above that given
to renters...". She questioned Commissioner Mickelson regarding his
suggested change to .. up to a maximum of 50%". Decision was to
change to 50 %. (e) No increase in rents should be retained. This is
a very important question that the people in the audience would tackle.
It was de cide d to keep this in.
Discussion regarding (a) with decision to retain, with notice being
given by the city.
(h, i, & j) is cleaning up the language of the ordinance. To be left
in with language changes wherever needed.
Section 17.81.050 - Physical Standards. (b) - Building Safety - to be
eliminated. It was felt that (e) - Utility Metering - should be retained.
Upon discussion among the Commissioners, Commissioner Mickelson pointed
out that the Housing Code is not the Building Code. Housing Code is
basic safety elements, which probably do need to be upgraded if a reason
can be found to do it. When the Building Code is amended, this does not
-affect the Housing Code. (h) Laundry facilities - decision of Commission
to eliminate.
Planning Commission Minutes
April 21, 1980
Page Eighteen
AYES
NOES:
ABSENT:
AYES
NOES:
ABSENT
IN RE:
(i) Noise Standards - State to be met. Commission decided to
eliminate this paragraph.
Section 17.81.060. Determination Procedure. Introductory paragraph OK.
Paragraphs (c), (d), (f), (g), (h), (i), (j), (k) to be retained, but
(e) to be eliminated.
Secti on 17.81.070. Limited Time of Effect. It was deci ded to
eliminate this section. Commissioner Hart asked Staff how SCAG comes
up with th eir figures. It was explained that they use condemnation
figures and by the time they get the figures out it is quite outdated
and they admit that.
Chairman Coontz moved, seconded by Commissioner Master to approve this
amendment , as discussed.
Commissioner Mickelson recapped by stating that you make application,
submit all of your things under Section 17.81.020 and the city is
responsible for sending out a notice of public hearing. He questioned
as to whether this notice goes out under the city's normal procedure
of 10 days prior to the public hearing. Mr. Murphy answered in the
affirmative.
Commissioners Coontz, Hart, Master, Mickelson
Commissioners none
Commissioner Ault
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 April 7, 1980.)
Commissioner Cart moved, seconded by Commissioner Coontz to approve
this amendment, making the same changes that are applicable in the
condo conversion ordinance, following the same basic concept.
MOTION CARRIED
Commissioner Mickelson pointed out that he did not think that the basic
relocation question was similar at all, because in an apartment the
people pick up their furniture and move out with a little help. But
in a mobile home park, they must find a place to move their unit.
Mr. Murphy explained that in this section they are talking about other
alternatives more than about moving the mobile home coaches. Some
further discussion among the Commissioners regarding various aspects
of the amendment.
Commissioners Coontz ,
Commissioners none
Commissioner Ault
Hart, Master, Mickelson
MOTION CARRIED
A~~OURNMENT~
Chairman Coontz adjourned the meeting at 11:00 p.m, to reconvene at
7:30 p.m. on Monday, May 5, 1980 at the Civic Center Council Chambers,
300 East Chapman, Orange, California.
s
n
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
SS.
AFFIDAVIT OF POSTING ORDER
OF ADJOURNMEfJT
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 Oranne, that the regular meeting of the Planning
Commission of the City of Orange held on April 21, 1980, said meeting was
ordered and adjourned to the time and place specified in the order of
ad,iournment attached hereto; that on April 22, 1980 at the hour of
10:00 a.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 21, 1980
was held.
EXCERPT FROM THE MIPJUTES OF A REGULAR MEETING OF THE ORAfJGE CITY PLAPJNING
COMMISSIOf~! HELD OPJ APRIL 21 , 1980.
The regular meeting of the Orange City Planning Commission was called to
order by Chairman Coontz at 7:30 n.m.
PRESEPJT: Commissioners Coontz, Hart, Master, P1ickelson
ABSENT: Commissioner Ault
Moved by Commissioner Mickelson, seconded by Commissioner Master that this
meeting adjourn at 11:00 p.m. on Monday, April ?_1, 1980 to reconvene at
7:30 n.m. Monday, May 5, 1980 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 foregoing 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 21, 1980.
Dated this 22nd day of April, 1980 at 10:00 a.m.
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Jere Murp y, City P1 ner & S cretary
/ to t e Planning Commr lion of he City
( of ange.