HomeMy WebLinkAbout10/12/1987 - Minutes PC
FLANKING COMMISSION MINUTES
City of Orange
Orange, California
October 12, 198?
Monday - 7:30 p. m.
The adjourned regular meeting of the City of Orange Planning
Commission was called to order by Chairman Greek at 7:30 p. m.
PRESENT: Commissioners Bosch, Greek, Hart, Master, Scott
ABSENT: None
STAFF
PRESENT: Jack McGee, Associate Planner & Commission Secretary;
Ron Thompson, Director of Community Development;
Gene Minshew, Assistant City Attorney;
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
IN RE: MINUTES OF SEPTEMBER 21. 1987
Moved by Commissioner Master, seconded by Commissioner
Hart, that the Planning Commission Minutes of September
21, 198'7, be approved as recorded.
AYES: Commissioners Bosch, Hart, Master
NOES: None
ABSTAINED: Commissioners Greek, Scott MOTION CARRIED
IN RE: NEW HEARINGS
PRE-ZONE CHANGE 1076, TENTATIVE TRACT 13204 - TRIDER
CORPORATION:
Proposed pre-zone change from County of Orange SG-FP2 to
City of Orange R-1-8 (Residential Single Family, minimum
lot size 8,000 square feet>, and approval of a tentative
tract map subdividing an approximate 5.8 acre parcel of
land into 17 lots on property located south and west of
Santiago Boulevard at Sycamore Street.
C
NOTE: Negative Declaration 1168 has been prepared for
this prod ect.
Mr. McGee presented the staff report. The best landmark
to orient people is the former crossing of Santiago Creek
by Santiago Boulevard where the bridge washed out several
years ago. Currently the site is in the unincorporated
area and is zoned SG-FP2 (sand and gravel). To the north
and east of the site are areas within the City of Orange
that are currently zoned R-1-8 Single Family Residential.
To the south is the Santiago Creek and to the west is a
single family development within the City of Villa Park.
The zoning on that area is 100-E4 20,000. Reference was
made to the tract map and site plan exhibits. The request
Planning Commission Minutes
October 12, 198? - Page 2
is to establish a City zoning of R-1-8 in anticipation of
annexation to the City of Orange, and additionally to
subdivide the 5.8 acre site into 1? lots. The lot sizes,
as proposed, range in size from 8,9?0 square feet to
14,210 square feet -- all would be in excess of the
requested R-1-$ zoning minimum lot size. As part of the
request, there is a request for an administrative
adjustment for the lot widths on those lots which are
adjacent to the end of the cul de sac. The ordinance
requires a minimum 80 foot width. There are three or four
lots at the end of the cul de sac which do not meet that
because of their location on the end of the cul de sac.
The homes proposed in size are approximately 2,600 to
3,000 square feet. The street width, as proposed,
Santiago Boulevard is a 60 foot wide street. Further
improvements would be included with the development. The
cul de sac street within the development would be a 52
foot wide street <full right-of-way width>. The terminus
of Santiago Boulevard will be finished off to the
requirements of the Public Works Department. The site was
formerly mined for sand and gravel uses. Since that time,
it has been filled. There is a manufactured slope on the
south edge of the site which slopes down roughly 50 feet
to the area of Santiago Creek. The tract design, as
presented, does include a retaining wall which varies in
height from approximately 3 to 8 feet along the tap of the
manufactured slope. The slope area is proposed in the
tract map to be a separate lot - Lot A. At this time, the
ultimate ownership and maintenance responsibility has not
been determined by the subdivider. There are a number of
options remaining which include ownership and maintenance
by the homeowners association, Orange County Water
District, and the Orange County Flood Control District.
No finalization of that has been presented to staff by the
applicant. The Traffic Engineer has expressed concern for
site distance on the curve on Santiago Boulevard, as well
as within the intersection on the cul de sac as it enters
Santiago Boulevard. One of the suggested conditions lists
~, a condition addressing the site distance problem.
Commissioner Hart questioned the site distance problem
from a traffic standpoint.
Mr. McGee stated the street does terminate at the south
edge of the site. He believes the Traffic Engineer is
concerned about the curve in the street and the potential
for people backing into the street, the two cul de sacs
which take access off of the existing Santiago Boulevard.
Commissioner Hart asked if there wasn't a standard for the
52 foot street in the zoning code?
planning Commission Minutes
October 12, 1987 - Page 3
Mr. McGee stated within the subdivision section of the
ordinance, there are standard designs for street widths.
Fifty-two feet is a standard width for streets in certain
circumstances. The street does meet those circumstances.
The public hearing was opened.
Gary McCann, Vice President for the Trider Corporation, 12
Corporate Plaza, Newport Beach, spoke about the site
difference and tried situating the house in different
areas on the plot map. No matter which way they turned
the house, it could not work out without having a custom
house built for that particular lot. Pointed out the
retaining wall was brought up under informal conditions.
The reason the retaining wall is needed along the back
lots is to maximize the actual flat pad area. The
property line is large enough; it's the way the slope is
built that the retaining wall is needed to give a flat
area in the back yard. Trider Corporation has built
several projects in the City of Orange and they have a
good relationship with staff. Elevations have not been
drawn yet. He posted an overlay of the tract map on the
wall concerning the complications of Lot 6. Mr. McCann
believes the development conforms with the surrounding
area and will be a great improvement to the area.
Commissioner Bosch understands the retaining wall is an
engineered fill, but a great portion of the slope is on
property other than what is being proposed for
development. Also, an accommodation has not been reached
with the water district or flood control district. His
concern is the long-term maintenance and stability of the
slope in dual ownerships. Asked what kind of progress has
been made to resolve that issue.
Mr. McCann met with the water district last week. Once
they get into the grading plan, a formal letter needs to
be filed for requesting they entertain the idea of Trider
grant deeding the property over to them and they will
maintain it. They did not see a problem, but Mr. McCann
does not really know.
Dick Bowman, 2301 Campus Drive, Irvine, stated in talking
with the water district it was indicated the property does
go down the slope, crosses the access road and the
property to the west (Villa Park> also owned by them; it
makes sense for them to take the property.
Chairman Greek stated the problem is the property line
crossing the slope which creates serious problems. It
cannot be resolved until it is known who will maintain the
slope and who will provide the ownership.
Planning Commission Minutes
October 12, 198? - Page 4
Mr. Bowman thought if the water district did not take the
slope, the lot lines would be extended down and be
maintained by the homeowner.
Discussion centered around maintaining the integrity of
the slope if the ownership is split down the middle. The
Commissioners were concerned about this issue because
there were no formal agreements or plans.
Those speaking in favor:
Robert Munro, representing Sully-Miller Contracting
Company, 3000 East South Street, Long Beach, said the
parcel was a gravel pit. It was excavated in the early
50'.s. In compliance with the general concept they tried
to create a parcel which could be used for alternate uses
compatible with the surrounding property. The property to
the south, which was at one time a part of the same
excavation, was acquired in 1986 by the Orange County
Water District for water re-supply purposes. Sully-Miller
did the land fill in accordance with creating a finished
slope. They honestly did not recognize the property lines
in constructing the slope. At the toe of the slope there
is an approximately 70 to 80 foot wide horizontal area
® which was used as an access road during their operations.
It is their belief that access road provides an adequate
barrier against any erosion from the stream bed. The
property to the west (Villa Park> has the same physical
situation as far as land ownership. He believes the
maintenance of that slope has been satisfactorily
resolved; however, he does not know where that property
line is relative to the top or toe of the slope.
Chairman Greek commented on the Villa Park property -- the
property line is at the top of the slope.
Commissioner Hart stated somebody has to be responsible
for the bottom half of the slope.
Alan Trider, Trider Corporation, 12 Corporate Plaza,
Newport Beach, is very pleased to be building in the City
of Orange and wishes to continue a good relationship with
the homeowners. They feel the property conforms to the
surrounding area. They plan to build very large homes on
the property. Extensive marketing studies revealed a lot
of people are desirous of staying in Orange. The location
is within the Villa Park School District. The water
district has indicated they will strongly consider taking
the slope. The issue of the slope seems to be the main
obstacle, so he requested the possibility of not approving
the tentative map subject to the water district taking
over the slope.
0
0
Planning Commission Minutes
October 12, 1987 - Page 5
Commissioner Scott asked if the homes were going to be
single or two story?
Mr. Trider stated they would be two story homes. The lots
are a minimum of 8900 square feet. In order to get a
decent size back yard, they will be two story. They will
not obstruct anyone's view. The property to the north is
quite a bit higher. The maximum height of the roof is 30
feet.
Those speaking in opposition:
Michael Tavera, 5010 Shoshone Avenue, Orange; the back of
his house faces the proposed development. Not too many
years ago they stopped a developer from building two story
homes. He bought his home in order to have a view and
objects to the project blocking his view.
Art Branstine, 4930 Shoshone Avenue, Orange; his property
overlooks the proposed development. He asked to read the
Negative Declaration report. His concern was the
stability of the land fill and slope based on the creek.
The drainage system does not look very good. He felt the
living conditions were not suitable for new houses.
Mr. Trider responded he would like to work with the
residents. He felt their view would not be obstructed,
but will look into it further. They meet the zoning
requirements. The homes will help appreciate the
surrounding area; they are not asking for a higher
density. They have addressed the stabilization of the
soil and would not want to be a part to anything that
would be unstable. A complete drainage system is
underway.
The public hearing was closed.
Moved by Commissioner Hart, seconded by Commissioner
Master, that the Planning Commission recommend to the City
Council that it accept the findings of the Environmental
Review Board to file Negative Declaration 1168.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Chairman Greek and Commissioner Bosch questioned the
mitigation measure requiring dedication and improvement of
Santiago Creek, to which Mr. McGee stated it is in the
staff report as Condition #7.
Commissioner Bosch stated in that the proposed zone was in
conformance with the general plan for the area and also is
compatible with the adjacent zoning, he could not find a
reason not to support the zoning.
® Planning Commission Minutes
October 12, 1987 - Page 6
Moved by Commissioner Bosch, seconded by Commissioner
Scott, that the Planning Commission recommend to the City
Council that it approve Pre-Zone Ghange 1076.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Commissioner Bosch's chief concern is relative to the
maintenance of the slope, as well as to the side lines
adjacent to Santiago Boulevard. He supports staff's
recommendations relative to the site line and he hopes the
applicant will be amiable to contacting the water district
to arrive at a conclusion for the potential ownership of
Property A before moving ahead.
Moved by Commissioner Bosch, seconded by Commissioner
Greek, that the Planning Commission recommend the City
Council to deny Tentative Tract 13204 based upon the
inadequacy of response to the ownership and maintenance of
the slope along Santiago Creek. (Motion withdrawn)
Commissioner Master asked if the applicant is amiable to
continuance to resolve the issue before the Commission
votes?
Commissioner Basch would withdraw his motion if the
applicant requests a continuance.
The applicant wished to continue this item for
approximately 30 days.
Moved by Commissioner Bosch, seconded by Commissioner
Scott, that the Planning Commission accept the applicant's
request to continue Tentative Tract 13204 and the
administrative ad,~ustment to the meeting of November 16,
1987, in order that the applicant may resolve the issue of
ownership of the slope banks with the water district.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1617 - CHAPMAN COLLEGE:
Proposal to move-on a modular structure for a limited time
period to be used as a "wellness center" for Chapman
College on property located on the northwest corner of
Sycamore Avenue and Orange Street, addressed 404 North
Orange Street.
NOTE: Negative Declaration 1170 has been prepared for
this project.
Planning Commission Minutes
October 12, 198? - Page ?
There was no staff report.
The public hearing was opened.
Steve Scopelleti, Director of Facilities Management at
Chapman College, 333 North Glassell, had one objection to
the staff report about the suggestion to construct a
masonry wall on the north and west sides of the property.
They feel these walls would not be compatible with the use
of the property. It is a temporary trailer to be used for
the health center. He submitted a letter from an adjacent
property owner who agrees the fence would not be
compatible with the surrounding area.
Chairman Greek asked how many trailers were currently on
Chapman College property?
Mr. Scopelleti said there were two trailers by the stadium
and track area; one over by the tennis courts - a
temporary construction trailer; and this proposed trailer.
Chairman Greek wanted to know which trailers had
conditional use permits?
Mr. Scopelleti was not sure; however, Mr. McGee recalled
there was a conditional use permit approved for a trailer
within the last two or three years.
Chairman Greek asked why the trailer was moved in without
first getting approval?
Mr. Scopelleti submitted for approval when they first
proposed the plan, but unfortunately it was cancelled.
Timing was bad as far as moving it in.
Chairman Greek informed Mr. Scopelleti they were in
violation of Gity codes.
Commissioner Bosch asked if the wellness center were new
to Chapman College, or was it relocated to the trailer for
a particular purpose? And, at the end of the two years,
is there a current plan underway to relocate to some
permanent facility somewhere on campus?
Mr. Scopelleti stated it is currently located on Center
Street, which is where the learning center will be
located. It will need to be relocated in order to start
construction in that area. The temporary trailer was
their only other option to relocate the wellness center.
They plan to relocate it back to its present location at
the end of two years, or inner campus.
Planning Commission Minutes
October 12, 198? - Page 8
Those speaking in favor:
Bob Nickelson, 328 N. Glassell, stated the College is
currently selecting a consultant to do the master plan.
They are moving forward with a master plan development for
the campus.
The public hearing was closed.
Commissioner Hart understood it was the intention of the
College to use this site as a parking lot and can see the
folly of putting in a block wall, then having to take it
out.
Chairman Greek was extremely upset and bothered that
Chapman College violated every agreement they've made and
he could not support that kind of operation. He has no
qualms with the use of the trailer or site, but would like
Q to see some kind of penalty assessed in the form of a
ticket for violation of the zoning code. He is upset with
the College's attitude towards the zoning regulations of
the City.
Commissioner Bosch asked staff the exact condition
relative to building permits for a temporary trailer
placement, and the review of that permit being issued.
Mr. Nickelson stated it was a situation where there had to
be a risk taken by the College in order to meet the
scheduling requirement of the supplier and get things in
order for the school year. It is not occupied yet; they
knew there was the risk the Commission could turn down the
permit. It is also being hooked up to the sewer and
water.
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission recommend to the City
Council to accept the findings of the Environmental Review
Board to file Negative Declaration 11?0.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Commissioner Bosch also moved to approve Conditional Use
Permit 1617, sub,~ect to the conditions in the staff report
and for the findings thereto, and deleting Condition #4 on
the block wall; however, the motion died for a lack of
second.
Chairman Greek would like to see a citation issued from
the City to the school indicating the violations already
committed, and would also like to see this again next week
Planning Commission Minutes
October 12, 198? - Page 9
with an indication of what is happening with the existing
units.
Mr. Minshew said that would be a legal action, but
reminded him that several conditional use permits are
after the fact and the City has never issued a citation
against a body for coming before the Commission to set the
record straight.
Commissioner Hart said whatever the Commission does is a
delaying action and he doesn't believe that is what they
want to do. He wishes there were some statement that
could be attached to their action that could be passed on
to the Council. A statement from the Commission to the
College that they deplore this kind of thing is also
needed.
Commissioner Master made the suggestion that reprimand in
the form of a citation might be stern. Another way would
be to ask the College for a report on the permitting of
the trailers, with a letter of concern directed to the
Council. He believes the Council can act on this if the
Commission does not.
Commissioner Hart stated nothing is going to change by
delaying a decision.
Mr. Minshew said the Planning Commission does not have the
power to instruct an officer who has the authority to
issue a citation.
Moved by Commissioner Bosch, seconded by Commissioner
Hart, that the Planning Commission approve Conditional Use
Permit 161? subject to conditions #1, 2, 3 and 5 of the
staff report, given that concerns have already been given
for the misdeeds.
AYES: Commissioners Bosh, Hart, Scott
NOES: Commissioners Greek, Master MOTION CARRIED
Commissioner Bosch requested staff to report back in one
week with a status report of proper permits and approvals
for all temporary structures on Chapman College; and
inform the Commission of what measures can be taken by the
City with regard to enforcing the permit process.
Commissioner Master, for the record, feels the citation is
going a little too far, but feels if not a reprimand, a
notice is appropriate. The reason for his "no" vote is
that some understanding needs to be reached.
Commissioner Bosch will draft a letter to the Council for
Chairman Greek's signature voicing their concerns in this
violation.
Planning Commission Minutes
October 12, 1987 - Page 10
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1620 - STRAIGHT SHOOTER, INC.:
Proposal to allow the expansion of an indoor recreational
firearms shooting range in the M-2 zone on property
located at the east side terminus of Enterprise Street,
north of Grove Avenue, addressed 1935 Enterprise Street.
NOTE: Negative Declaration 116'7 has been prepared for
this project.
A staff report was not presented.
The public hearing was opened.
Charles Emanuel, 1935 Enterprise Street, said that
Straight Shooter, Inc. operates an indoor range and
training facility. A conditional use permit was granted
approximately one year for 16 positions. They are
requesting that be expanded to 29 positions because of the
demand from law enforcement.
The public hearing was closed.
Chairman Greek had problems with this request because
conditions have not been complied with on the original the
conditional use permit.
Mr. Emanuel stated they have built a complete wall from
one end of the building to the other and have steel plated
that. The north end of the building is closed off. They
use the other side of that wall as a storage facility, but
there is no access to the range facility. They propose to
put 11 positions into the area where the storage wall is
and also propose to block that off with steel plate on a
hinge because they want to move police vehicles inside to
simulate a city street scene for training purposes.
Chairman Greek asked if Mr. Emanuel saw the condition
pertaining to the removal of the fence.
Mr. Emanuel said on the original conditional use permit it
was requested they keep the fence up. They do not have a
problem with removing the fence; however, they request it
only be the front portion of the fence because the
remaining portion seals it off from the parking lot, which
is directly behind them. To the north is an embankment
and someone might drive over the edge.
0
® Planning Commission Minutes
October 12, 1987 - Page 11
Moved by Commissioner Hart, seconded by Commissioner
Scott, that the Planning Commission recommend the City
Council accept the findings of the Environmental Review
Board to file Negative Declaration 1167.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner
Hart, that the Planning Commission approve Conditional Use
Permit 1620 for the reasons listed in the conditions.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
IN RE: NEW HEARINGS
CONDITIONAL USE PERMIT 1619
Proposal to allow the use of
kiosk type commercial buildi;
existing commercial shopping
side of Katella Avenue, east
205-31? East Katella Avenue.
- FEDERAL EXPRESS:
a detached 60 square foot
ng in conjunction with an
center located on the north
of Glassell Street, addressed
NOTE: This project is exempt from Environmental Review.
A staff report was not presented.
The public hearing was opened.
Dave Bolin, 5851 Westminster Blvd., Westminster,
consultant for the applicant, respectfully requested
approval of the proposed conditional use permit based on
the conditions of staff.
Commissioner Bosch stated this project will be going to
the Design Review Board for further review, but he wanted
to draw the consultant's attention to the site plan being
incompatible with some of the requirements of Resolution
3318, attached to the staff report. The landscape
requirements need special attention and the signage
requirements also need to be addressed.
Mr. Bolin stated they planned to originally leave the
planter where it is, but it was the request of the Traffic
Division that it be cut back. They have no problem with a
two lane situation with a booth in the middle.
The public hearing was closed.
. Planning Commission Minutes
October 12, 198? - Page 12
Chairman Greek commented on one of the units being
converted to a garage <not the applicant's>. They have
put in a garage door and they drive over the planter into
the unit.
Mr. Thompson will have the Code Enforcement Officers check
on this.
Moved by Commissioner Bosch, seconded by Commissioner
Master, that the Planning Commission approve Conditional
Use Permit 1619 subject to the conditions in the staff
report and direct that particular attention of the Design
Review Board be drawn to Resolution 3318, Paragraphs F and
J, with regard to landscaping and signage compliance; and
that the existing landscaping in the vicinity of the
proposed installation be maintained to the extent possible
in conformance with traffic engineering standards.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
IN RE: ADJOURNMENT
Moved by Commissioner Scott, seconded by Commissioner
Bosch, that the Planning Commission adjourn to a regular
meeting on October 19, 198?, at 5:00 p. m. in the Weimer
Room to discuss the General Plan Update.
AYES: Commissioners Bosch, Greek, Hart, Master, Scott
NOES: None MOTION CARRIED
Meeting add ourned at 9:10 p. m.
/sld
0
0