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04252012-191CITY OF ORANGE ZONING ADMINISTRATOR MINUTES – FINAL April 25, 2012 Staff in Attendance: Rick Otto, Zoning Administrator Lucy Yeager, Contract Planner Diane Perry, Recording Secretary Public Hearing: 3:00 p.m. NEW ITEM: 1. VAR No. 2217-12 – CHAPMAN UNIVERSITY-CENTER FOR THE ARTS A request for wall heights above 6 feet in height for a series of retaining walls associated with the proposed Center for the Arts project. The Chapman University Specific Plan limits walls to six feet (6’) in height and limits walls in the required front setback area to three feet – six inches (3’–6”). The applicant is requesting twelve (12) walls to exceed the maximum wall height. The maximum overall wall height of these specific walls range from 7’–0” to 16’–6”; a variance of 1’–0” to 10’– 6”. 415-489 N. Glassell Street (on the Chapman University campus) Contract Planner: Lucy Yeager, 714-744-7239, lyeager@cityoforange.org ZA Action: Final Determination ______________________________________________________________________________ The Zoning Administrator (ZA), Rick Otto, opened the Public Hearing on Wednesday, April 25, 2012, at 3:01 p.m. for New Item No. 1 – VAR No. 2217-12, Chapman University, which is a request for waiver of wall heights above 6 feet for a series of retaining walls associated with the Chapman University Center for the Arts project. The properties are located at 415-489 N. Glassell Street. Contract Planner, Lucy Yeager, presented a project overview consistent with the Zoning Administrator Agenda Item Report (Staff Report and Correction). Ms. Yeager stated there was a correction from the Staff Report which is made part of this record; it is relative to the wall referenced as “Wall U-1” and the Staff Report, page 5, details this and there is an accompanying reference on the plans in the table attached to the Staff Report that this wall was noted as a maximum height of 9 feet and this should be amended to a maximum height of 10 feet instead of the allowed maximum of 6 feet. The ZA asked the applicant if they wanted to make a very brief presentation. The applicant’s representative, Mark Hickner, KTGY Group, address on file, stated he would introduce the “team,” and indicated they were available for questions. The ZA opened the Public Hearing. Mr. Hickner introduced his team: Kris Olsen, Chapman University; Kristina Singsier, Pfeiffer Partners Architects; Claudia Kath, Bennett Design, landscape architect; Warren Williams, DRC Engineering; Tyson Neal, Albacus Project Management; and Jason Galvin, KTGY. City of Orange – Zoning Administrator Meeting Minutes for April 25, 2012 Page 2 Mr. Hickner stated the project has been ongoing for about two years and they are happy to be at this point. He stated they’ve been working closely with the community, including the Planning Commission, City Council, Orange Barrio Historical Society (OBHS), and Old Towne Preservation Society (OTPA). The OBHS and OTPA have been pleased with the applicant working along with them on this project. This Variance request is for wall heights. The ZA asked if there were any other speakers. There were none. The ZA then asked Staff to explain why this project requires the Variance. Ms Yeager, referring to page 6 of the Staff Report, stated there were several points shown why this Variance request fits into the required findings, as follows: The respective wall waivers will allow for preserving the structural integrity associated with aspects of the project. Public safety provisions as many of the walls include guardrails designed to ensure safety between grade changes. To appropriately provide for handicap provisions (handicapped elevator system and ramp). To retain a grade or visually soften a grade. Maintaining the aesthetics of the project. Walls are necessary for retaining purposes and to accommodate earth on either side (east and west) of the Campus Green. The walls help to establish a sense of place in the Campus Green, which is lower than the adjacent N. Glassell Street and the portions of the campus located to the east of the Campus Green. The walls on-site also allow for creation of informal outdoor amphitheater seating walls adjacent to the east side of the Center for the Arts (between the Center for the Arts and the existing Global Citizens Plaza). Ms. Yeager went on to state that there are an amazing number of walls relative to this project. Much of it boils down to the integrity of the structure, the safety of the structure, and providing aesthetics as well, although not a part of the Variance request, it all lends itself to it. But it’s more safety and integrity. The ZA confirmed with Staff that: (1) the DRC supported the project, (2) the DRC did not discuss the wall heights as part of the design, and (3) Jeff Frankel, representing OTPA, spoke at the DRC meeting and also supported the project. The ZA, referring to the map/colors, asked Staff to confirm that it appeared all walls were interior to the campus, except the wall on the northwest corner. Ms Yeager stated “yes,” with the exception to the purplish colored ones in front of Glassell, those are within the required setbacks. The ZA stated the purple areas were also seeking a Variance as well. He asked Staff about the red area. City of Orange – Zoning Administrator Meeting Minutes for April 25, 2012 Page 3 Ms. Yeager stated the red area is within the project proper, and with the requesting of the Variance above 6 feet. Anything with the purplish/blue color is requesting a Variance outside the 3 ½ foot range. The ZA asked Staff if the map blue area is below grade around the sidewalk area on Glassell. Ms. Yeager stated yes, a lot of it in that area was below grade. Mr. Hickner stated most of it was below grade. Claudia Kath, landscape architect, confirmed if on Glassell, 6 inches to a foot would be above grade depending on how the grade went down on the street. The ZA stated that the intent of the Code from the ZA’s point of view is that it’s not a 9 foot wall that is showing but instead in this situation it’s just a 1 foot wall at grade. Ms. Yeager and the applicants agreed with the ZA’s statement. Kris Olsen, Chapman University, explained the essential concept was that it would start out at grade but by the time the front door was reached at the Center for the Arts, it would be about 9 feet below grade. The walls were mostly for retaining purposes. The ZA then stated it appeared from the Staff Report that every one of the walls had retention purpose; actually calling them “walls” could be questionable. Public Comments: None. The ZA stated he supported Staff’s recommendations and approved the Variance based on the facts that the walls: (1) are retaining walls, (2) are on campus property, and (3) are hardly seen from public view. The ZA closed the Public Hearing. The ZA approved VAR No. 2217-12, Chapman University-Center for the Arts, wall heights, to the Community Development Director, based on the findings as listed in the Staff Report and as shown below, including Staff’s Amendment/Correction referenced as “Wall U-1” in the verbal presentation, and including the recommended conditions, if any, contained in the Staff Report. Findings: 1. Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. City of Orange – Zoning Administrator Meeting Minutes for April 25, 2012 Page 4 2. The Variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located. ADJOURNMENT: The ZA adjourned the Public Hearing at approximately 3:13 p.m.