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HomeMy WebLinkAbout12/19/1983 - Minutes PCPLANNING COMMISSION MINUTES City of Orange Orange, California December 19, 1983 Monday, 7:30 p.m. The regular meeting of the Orange City Planning Commission was called to order by Chairman Hart at 7:30 p.m. PRESENT: Commissioners Hart, Greek, Mason ABSENT: Commissioners Vasquez, Master STAFF PRESENT: Jere P. Murphy, Administrator of Current Planning and Commission Secretary; Jack McGee, Associate Planner; Gary Johnson, City Engineer, Gene Minshew, Assistant City Attorney; and Maryann Brown, Recording Secretary. ' PLEDGE OF ALLEGIANCE IN RE: APPROVAL OF MINUTES OF DECEMBER 5, 1983 Moved by Commissioner Greek, seconded by Commissioner Mason, to approve the minutes of December 5, 1983, as ' transmitted. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Vasquez, Master 1 MOTION CARRIED IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN: NONE IN RE: NEW HEAi?INGS: TENTATIVE TRACT 12103 - THE FIELDSTONE COMPA[IY: ,~ A proposal to subdivide 4.48 acres at the intersection of Featherhill Drive and Meadow Grove Road into eleven (11) . residential lots and an additional lot for future park purposes. • ~ NOTE: Negative Declaration 775 has been previously accepted for this project. Mr. Murphy gave the staff presentation on the project, and stated that the Negative Declaration approved with the initial tentative tract map would also cover the current x,~ proposal. He further stated that since Tentative Tract 12103 and the current map is consistent both with the original approval for the area and since the park site is the neighborhood desire, the staff recommends approval subject to provision of funding of the park site, and subject to conditions 1-11 as stated in the staff report. Planning Commission Minutes Page Two December 19, 1983 ~i Chairman Hart asked if conditions 1-11 were standard. Mr. Murphy responded affirmatively with the exception of Condition 2 which refers to the funding question. Chairman Hart stated that-the City Attorney lead requested an opportunity to enter a statement into the record regarding Tentative Tract 12103. Mr. Gene Minshew, Assistant City Attorney, stated that on behalf of the City Attorney's office and in the interest of background clarification on the issue of Tentative Tract 12103, and as a result of discussions with applicant's counsel, the following information be included in the record: "The applicant disputes the validity of finding #16 of Tentative Tract 11838 as stated in Resolution 58-43. Applicant, at request of City, has refrained from seeking building permits on the southerly one-half of Tract 11838, which is the subject of Tentative Tract 12103, in order to allow the City additional time to pursue the acquisition and maintenance of a 1.8 acre park site and for the formation of an assessment district for that purpose. The applicant was willing to grant such additional time provided the City waive all applicable statutes of limitation under the Subdivision Map Act in regard to any potential legal challenge to finding #16 of Resolution 58-43, relative to the approval of Tract 11838. To accomplish such purposes, the City and Applicant had entered into an agreement dated June 20, 1983, which wa.s amended on October 19, 1983 and which was amended for the second time on December 5, 1983, extending the time to March 15, 1984. On this basis then, they would not draw any building permits against the southerly one-half." Mr. Minshew commented that this statement should be made part of the record to show that applicant has cooperated to the extent that they have not drawn building permits against that property. Chairman Hart asked if the City, in effect, was recognizing that the applicant is not and will not be held responsible for delays. Mr. Minshew responded that the City is recognizing the fact that the developer has cooperated in this matter and any time that normally would be running will not be running in this instance. Chairman Hart opened the public hearing. Mr. Larry Thomas, 3186 Airway, Costa Mesa, addressed the Commmission. He stated he was the civil engineer on Planning Commission Page Three December 19, 1983 the project and would answer any questions. Mr. David Colgan, 4041 MacArthur Boulevard, Newport Beach, addressed the Commission. Mr. Colgan stated he was the attorney for the applicant and thanked Mr. Minshew for efforts expended in handling applicant's concerns with the findings in question. Mr. Colgan reiterated applicant's dispute with condition #16 incorporated in finding #7, stating that applicant had entered into the standstill agreements to extend the time. He further stated that an additional concern to applicant is in finding #9 which states: "If the park site is not ultimately funded, this tentative tract map shall not be finali_zed." Mr. Colgan stated that it was the applicant's understanding that the alternate tract map process was based on the success of the February 1984 assessment district election, and in the event the election is unsuccessful, the other map would be viable. In this regard, applicant entered into the standstill agreement until March 15, 1984 by which time the funding issue would be resolved. Mr. Colgan stated these agreements did not, in applicant's view, involve an open-ended period of time, but were linked specifically to the election results. Mr. Colgan stated he would answer any questions and would like to respond to comments. W. B. Van Dusen, 2428 Millbank Drive, Orange, addressed the Commission. He stated he was Chairman of the Nohl Ranch Homeowners' Association School Site Committee, member of the Board of Directors, and represented the Board and Homeowners in connection with proposed Tentative Tract 12103. Mr. Van Dusen stated he felt this entire issue should be reviewed since the Nohl Ranch Homeowners' Association has taken exception to the density portion of this application from the outset of the issue. He stated that the density of 42 homes proposed by Fieldstone raised a concern which was brought to the Planning Commission. The Commission recornmended to the City Council that this Tentative Tract be disapproved on the basis of requested zoning deviations and density. Mr. Van Dusen continued that after considerable discussion before the City Council, Resolution #58-43 was passed relative to Tract 11838 which contains the provision that t'ne applicant has taken exception to, but which he, Mr. Van Dusen, read to the Commission in an effort to clarify the homeowners' position in the matter. Planning Commission Page Four December 19, 1983 "The City Council considers that the park proposed by surrounding neighbors to be purchased and developed on a portion of the sou therly one-half of Tentative Tract 11838 represents a desirable open space amenity for this tract. In the event that such park comes into existence in the form and manner acceptable to the City Council, then the City Council will consider approving the dwelling unit density of the southerly one-half of the remaining undeveloped portion of the tract, which southerly one-half was provisionally approved on January 25, 1983, provided however, that the developer is required to submit a revised Tentative Tract map showing the park site together with revised configured lots and streets. In the event a park or open space acceptable to the City does not come into existence, the City Council reserves the right not to deny construction of any dwelling units whatsoever on the southerly one-half, but rather the City reserves the right to review and approve the number and configuration of dwelling units and lots on the southerly orre-half of the tract when a revised tentative tract map is submitted, inasmuch as the park considered by the City Council to represent an open space amenity then would not exist." ~ Mr. Van Dusen stated that the City Council in that statement recognized the concerns of homeowners regarding the densities proposed. He referred to a staff study which was submitted to the City Council on April 8, 1983 which described a 23% per gross acre increase in density and a 39% per net acre density increase when compared to adjacent homes, and commented that he believed these increased densities would be detrimental to existing and future homeowners in the area. Mr. Van Dusen then stated the present 1.8 acre site as proposed in the tentative tract map agreed with the recommendations of the "ad hoc" committee formed by Mayor Beam to study the issue. He further requested the Commission approve this tentative tract map contingent upon the successful park site election in February. Chairman Hart requested clarification from staff as to the disposition of Tentative Tract Map 12103 at the time the previous Planning Commission recommended disapproval by the City Council. Staff responded that either all or a majority of the variances that were included in the Planning Commission map were removed. Chairman Hart stated that he believed the Commission had disapproved the map based on configuration of lots, and that the zoning and density of the project was not the issue. Planning Commission Page Five December 19, 1983 Mr. Van Dusen responded that he wanted to ensure that the Commission be made aware of his concerns on the density issue, since the Commissioners had discussed it. Chairman Hart agreed it had been an item of discussion but that the Commission did not change the zoning at that time. He then commented that he was not totally aware of the actions of the City Council as related to the subsequent park project and requested a more concise clarification of the Council's statement. Mr. Van Dusen referred once again to Resolution 58-43, stating that he believed the intent of the statement was to give tentative approval to the tract map 11838 but that the City Council reserved the right to review the proposed density on the lower- portion of the tract if the park did not become a reality. Chairman Hart asked for staff comment. Mr. Murphy responded that staff's interpretation was that the conditions outlined in the statement were established in the event the park did riot become a reality and would be of no consequence if the election was successful. Chairman Hart stated the initial tract map status appeared to be the issue in question and staff agreed that should the park funding fail, the original tract map would be re-examined by the City Council. Mr. David Colgan again addresssed the Commission, stating that Fieldstone believed the original tract map would become effective should the park funding election fail, however, he believed that the status of this original map was an issue of dispute between the City and Fieldstone. City Attorney Minshew commented at this time that item #7 quotes the finding #16 that Fieldstone has taken exception to and that his purpose in reading the earlier statement was to acknowledge this disagreement. Chairman Hart, for purposes of clarification, stated that the failure of the election does not automatically implement the original map in the City's view. Further, this Commission is not voting to implement that original r1ap, predicated on the failure of .the funding election. Chairman Hart acknowledged that Fieldstone, the applicant, held a different view on the matter. Mr. Colgan informed the Commission that Fieldstone would be willing to amend the condition that addresses the concerns raised by Mr. Van Dusen; that is, should the election fail, tentative map 12103 expires ar-d the original map 11838 becomes the issue. He further stated Planning Commission Page Six December 19, 1983 that, based on discussions with Mr. Minshew acid City staff, adoption of Tentative Tract 12103 would not in any way supplant or replace the prior map; that two maps will exist depending on an event to occur in February. Chairman Hart commented that staff had covered that point and then asked for further public comment. Diana Passchier, 2459 Shady Forest Lane, Orange, addressed the Commission, stating that her home overlooked the part site and, as [~Iernbership Chairman for the Nohl Ranch Homeowners' for two years, that she has been involved with the park site ~,ommittee. She stated she believed that when Mr. Don Smith made the resolution under discussion, his intent was not to approve the lower tract, but to come back and discuss the density issue again. City Attorney Minshew commented that this was the position being taken by the City. r1r. John Szary, 3034 E. Meadow Grove, Orange, addressed the Commission, stating his home also overlooked the vacant property. He commented on the amount of landfill currently taking place and stated he had concerns regarding the density of the current map relative to densities of adjacent properties. He inquired as to zoning variances and setbacks in the current map. Chairman Hart stated the applicant had not asked for any deviations from City standards. After further discussion on the zoning question, Chairman Hart stated the project was being proposed in conjunction with existing zoning, and that the issue before this Commission is Tract map 12103. He commented that in the event of the failure of the funding election, it would be up to the City Council to resolve other questions. Hearing no further comments, Chairman Hart closed the public hearing. P•loved by Commissioner, Greek, seconded by Commissioner Mason tppt Ter~t~uUj~c~r~c6tcon~i~io~s o~ staff and with the a rove understanding that there is a contract in effect until March 15, 1984, at which time an ultimate decision will be made regarding this project. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Vasquez, Master MOTION CARRIED Chairman Hart stated that this is a recommendation from the Commission which will go to the City Council sometime in the month of January and notices will be sent out regarding that public hearing 'Planning Commission Page Seven December 19, 1983 ZONE CHANGE 1010 - RICHARD DE LEON: A request to change the zone from C-2 to RM-7 on a .4 acre parcel on the east side of Orange-Olive Road at Olive Street. NOTE: Negative Declaration 880 has been prepared for this project. Mr. Murphy made a staff presentation on the zone change, stated that all development standards had been adhered to in the proposed plan, and staff recommends approval of the zone change in that the proposal is compatible with surrounding land use and the City's general plan for the area which is medium density residential. Chairman Hart opened the public hearing. Mr. Clifford Craig, Systems Engineering Construction, 533 West Central Park, Anaheim, represented the applicant, and stated he would answer any questions regarding the project. Hearing no questions, comment, or opposition, Chairman Hart declared the hearing closed. Moved by Commissioner Mason, seconded by Commissioner Greek, to file Negative Declaration 880 according to the findings of the Environmental Review Board. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Vasquez, Master MOTION CARRIED Moved by Commissioner Mason, seconded by Commissioner Greek, that Zone Change 1010 be re commended for approval. AYES: Commissioners Hart, Greek, Mason NOES: None ABSENT: Commissioners Vasquez, Master MOTION CARRIED IN RE: ADJOURNMENT: The meeting was adjourned at 8:20 p.m. to be reconvened on Wednesday, January 4, 1984, at 7:30 p.m. at the Civic Center Council Chambers, 300 East Chapman Avenue, Orange, ~ California.