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_02222017-232Planning Commission February 22, 2017 1 Final Minutes Planning Commission February 22, 2017 City of Orange Monday 7:00 p.m. PRESENT:Commissioners Correa, Gladson, Glasgow, Simpson, and Willits ABSENT:None STAFF PRESENT:Anna C. Pehoushek, Asst. Community Development Director Gary Sheatz, Senior Assistant City Attorney Chad Ortlieb, Senior Planner Robert Garcia, Senior Planner Monique Schwartz, Assistant Planner Deb Arnold, Recording Secretary REGULAR SESSION 1.1 CALL TO ORDER: Chair Gladson called the meeting to order at 7:00 p.m. 1.2 FLAG SALUTE: Commissioner Correa led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION: None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS: None 1.7 ANNOUNCEMENT OF APPEAL PROCEDURES (details found on last page of Agenda) 1.8 ELECTION OF CHAIR AND VICE-CHAIR Moved to end of meeting. 2.CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF February 6, 2017. Motion was made to approve the minutes as written: MOTION:Commissioner Glasgow SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None Planning Commission February 22, 2017 2 MOTION CARRIED. Planning Commission February 22, 2017 3 3.NEW HEARING: 3.1 3.1 ZONE CHANGE NO. 1285-17, ACCESSORY DWELLING UNIT ORDINANCE AMENDMENT IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW An ordinance amending various sections of Title 17 of the Orange Municipal Code (OMC) to implement changes for accessory dwelling units in accordance with the provisions of State Law. LOCATION:CITYWIDE NOTE:The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h) because the project is the adoption of an ordinance regarding second units in single-family zones pursuant to Section 65852.2 of the Government Code. No public review is required. RECOMMENDED ACTION: Adopt Planning Commission Resolution 03-17 recommending that the City Council approve Ordinance No. 02-17, an ordinance of the City Council of the City of Orange amending various sections of Title 17 of the Orange Municipal Code to implement changes for accessory dwelling units in accordance with the provisions of State Law. Discussion: Chad Ortlieb presented the zone change overview consistent with the staff report. The commission asked Staff to review the key changes to the State Law. Staff provided a review of the key points as presented in the staff report. Staff also noted the proposed Code change that would restrict accessory dwelling units to single family zoned lots. The Commission asked about the relationship between the proposed Code changes and mobile home parks and whether the tandem parking condition allowed for mobile homes would be applicable to accessory dwelling units. Staff indicated that tandem parking is not allowed for single family homes. The Commission also questioned whether the efficiency unit needed to be attached to the primary structure. The efficiency unit does not have to be attached to primary building. The Commission requested confirmation from the City Attorney regarding the need for the property owner to be an occupant of one of the units. The City Attorney cited case law and indicated that owner occupancy cannot be required. Planning Commission February 22, 2017 4 The Commission also asked whether the accessory dwelling unit must have direct access from the outside, and also whether there could be a passageway in between the existing unit and the new unit. Staff noted that there needed to be access from the outside, but that there could also be access from the primary structure in the case of an attached accessory dwelling unit. There were no speakers for discussion. Discussion closed by Chair Gladson. Motion to Adopt Planning Commission Resolution 03-17 recommending that the City Council approve Ordinance No. 02-17, an ordinance of the City Council of the City of Orange amending various sections of Title 17 of the Orange Municipal Code to implement changes for accessory dwelling units in accordance with the provisions of State Law, noting the item was categorically exempt from CEQA. MOTION:Commissioner Correa SECOND:Commissioner Willits AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED. Planning Commission February 22, 2017 5 3.2 TENTATIVE TRACT MAP NO. 0034-14, MAJOR SITE PLAN REVIEW NO. 0785-14, DESIGN REVIEW NO. 4768-14, AND ENVIRONMENTAL NO. 1841-15 This item was moved to the end of the agenda. 3.3 CONDITIONAL USE PERMIT NO. 3024-16 AND MINOR SITE PLAN NO. 0862-16 FOR THE PROPERTY LOCATED AT 419 W. BRENNA LANES, AND CONDITIONAL USE PERMIT 3025-16 AND MINOR SITE PLAN NO. 0863-16 FOR THE PROPERTY LOCATED AT 420 W. BRENNA LANE FOR SHARED PARKING AND BUILDING HEIGHT EXCEEDING THE HEIGHT LIMIT OF THE LIGHT MANUFACTURING ZONE BY 2 FEET – 8 INCHES WHEN ADJACENT TO A RESIDENTIAL ZONE. A Conditional Use Permit was being requested for both the shared parking and additional building height. The facilities associated with the properties will serve a single business use. LOCATION: 419 W. BRENNA LANE AND 420 W. BRENNA LANE Discussion was opened by Chair Gladson: Monique Schwartz presented the project overview consistent with the staff report. The Commission requested clarification that more parking would be provided. Staff noted that the warehouse use has the lowest ratio for this zoning district, and that a condition of approval was included to ensure that future uses would be warehouse uses so that parking would be adequate. Mr. Holgren (Applicant) shared that the additional requested building height matches the existing building height and would be oriented to the back of the site near the train tracks. The purpose of project is to alleviate any outdoor trailer storage. The fence to the west will be pushed back to the property line minus 3 ft. per railroad requirements allowing the business to gain 45 feet for additional parking and building area. As there were no additional speakers, Discussion was closed by Chair Gladson Motion to approve conditional use permit no. 3024-16 and minor site plan no. 0862-16 for the property located at 419 w. Brenna lanes, and conditional use permit 3025-16 and minor site plan no. 0863-16 for the property located at 420 w. Brenna lane for shared parking and building height exceeding the height limit of the light manufacturing zone by 2 feet – 8 inches when adjacent to a residential zone Planning Commission February 22, 2017 6 MOTION:Commissioner Glasgow SECOND:Commissioner Gladson AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED Planning Commission February 22, 2017 7 3.2 TENTATIVE TRACT MAP NO. 0034-14, MAJOR SITE PLAN REVIEW NO.0785-14, DESIGN REVIEW NO. 4768-14, AND ENVIRONMENTAL NO. 1841-15 The applicant proposes to subdivide one approximately 2.08 acre lot into eight numbered lots and two lettered lots for eight single-family houses and one common recreation area. LOCATION:6231 E. WIMBLETON COURT NOTE:The proposed project is subject to environmental review per the provisions of the California Environmental Quality Act (CEQA). Mitigated Negative Declaration (ENV No. 1841-15) has been prepared for this project and is provided to the Planning Commission (PC) for review and consideration. RECOMMENDED ACTION: Staff recommends that the Planning Commission review the proposal and take the appropriate action. The Planning Commission can take one of the following actions: Recommend approval to the City Council with required findings. Recommend denial to the City Council with required findings. Continue the project to allow the applicant additional time to revise the proposal to address any concerns/issues of the Planning Commission. DISCLOSURES:Each member had met with the Applicant to walk the project prior to Planning Commission Meeting. Discussion was opened by Chair Gladson Robert Garcia, Senior Planner presented the project overview consistent with the staff report. Commissioners clarified questions on DRC meetings, necessity of using Pheasant Lane, wells on the property. After first DRC meeting Applicant retained his current Architect to address the changes proposed by DRC and improved the plans for this project. However, the DRC voted down approval to Planning Commission. Applicant Present to Present to Planning Commission: Jordan Kahf, Owner/Developer Haitham Abdul, Civil Engineer Mustafa Bdewi, Architect John Palisin, Landscape Architect Donna Chessen, Consultant Scott Levitt, Attorney The Applicant provided a presentation of the project. Planning Commission February 22, 2017 8 Discussion was opened by Chair Gladson Citizen Speakers: Opposed:In Favor Of: Sherri Koch Kameron Kennemer Nura Jim Pijleo Amar Kahr Christopher Bercatu Laura Thomas Michelle Morand Mike Walters Jon Pommier Linda Pommier No Opinion: James Shamas James Robinson Nam Neil Hoang Sandy Lee Michelle Hoang Deanna Kennemer Michael Micallef Shayan Vasi Mitchel Millan The community speakers expressed concerns about safety of children and elders in relation to the anticipated increase in project-related traffic through their otherwise quiet and closeknit community. Concern was also expressed about construction traffic and dust/noise during the building of this development Mr. Doug Keys from the Traffic Division presented analysis of the traffic on Canyon View. All testing showed that the speed limit of 40 mph is appropriate, and no stop light or signs are an indicative necessity. Discussion was closed by Chair Gladson The Commission shared a mutual feeling that the project should be evaluated on its merits rather than emotion. They noted that the project complies with the City’s General Plan and zoning requirements. While the Commission typically aligns with the recommendation of the Design Review Committee, it concluded that all criteria have been met to recommend project approval to the City Council. Motion was made to approve Tentative Tract Map No. 0034-14, Major Site Plan Review No. 0785-14, Design Review No. 4768-14, and Environmental No. 1841-15 and to have staff return with findings and conditions: Planning Commission February 22, 2017 9 MOTION:Commissioner Glasgow SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED Planning Commission February 22, 2017 10 1.8 Election of Chair and Vice Chair Motion was made to elect Daniel Correa as Chair to the Planning Commission: MOTION:Commissioner Willits SECOND:Commissioner Correa AYES: Commissioners Correa, and Willits NOES:Commissioners Gladson, Glasgow and Simpson ABSENT:None MOTION FAILED Motion was made to elect Ernest Glasgow as Chair of the Planning Commission: MOTION:Commissioner Simpson SECOND:Commissioner Willits AYES: Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:Commissioners ABSENT:None MOTION CARRIED Motion was made to elect Dave Simpson as Vice-Chair to the Planning Commission MOTION:Commissioner Glasgow SECOND:Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, Simpson and Willits NOES:Commissioners ABSENT:None MOTION CARRIED Planning Commission February 22, 2017 11 4.ADJOURNMENT: The meeting was adjourned to the regularly scheduled Planning Commission meeting at 7:00 p.m. on Monday, March 6, 2017. MOTION:Commissioner Gladson SECOND:Commissioner Glasgow AYES: Commissioners Correa, Gladson, Glasgow, Simpson, and Willits NOES:None ABSENT:None MOTION CARRIED. Meeting adjourned at 10:50p.m.