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2015 - September 9Planning Commission September 9, 2015 Minutes Planning Commission City of Orange September 9, 2015 Monday 7:00 p.m. PRESENT: Commissioners Correa, Gladson, Glasgow, and Willits ABSENT: None STAFF PRESENT: Leslie Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Anna Pehoushek, Acting Assistant Community Development Director Chad Ortlieb, Senior Planner Marissa Moshier, Historic Preservation Planner Kelly Ribuffo, Associate Planner Sharon Penttila, 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 Glasgow led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS Ms. Roseberry announced that the City Council had appointed a fifth Commissioner that would be attending the next Planning Commission meeting and informed the Commission that the next meeting may be a lengthy one. 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF AUGUST 17, 2015 Motion was made to approve the minutes as written: MOTION: Commissioner Glasgow SECOND: Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: None MOTION CARRIED. Planning Commission September 9, 2015 3. COMMISSION BUSINESS: 3.1 DESIGN REVIEW COMMITTEE 4794 -15 — SCHAAL ACCESSORY UNIT The applicant proposes to construct a 565 SF accessory second unit behind an existing single family residence in the Old Towne Historic District. The single family residence is a contributor to the Historic District. Because the proposal includes relocation of the existing one -car garage which is also a contributing building, final approval by the Planning Commission is required. LOCATION: 311 N. CAMBRIDGE NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Historical Resource Restoration/Rehabilitation) because the project is limited to construction of an accessory second unit on a property already developed with a single family residence in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and with the Old Towne Design Standards. RECOMMENDED ACTION: Adopt Planning Commission Resolution 26 -15 approving the construction of an accessory second unit and relocation of an historic garage. Discussion: Marissa Moshier, Associate Planner- Historic Preservation, presented a project overview consistent with the staff report. Commissioner Correa wanted to be sure the garage was structurally sound to be moved without causing any damage to it. Ms. Moshier explained that a review of the structural integrity of the building would be reviewed by a structural engineer prior to any relocation. He asked what steps would be taken if the structural engineer found the structure was not sound and could not be moved. Ms. Moshier stated at that point the project would come back to the Design Review Committee and the Planning Commission. Commissioner Gladson questioned the action of the DRC in removing one of the two parking stalls. Ms. Moshier stated the DRC recommended removing one of the stalls in order to reduce the amount of paving. Public Hearing was opened. There were no speakers. Motion was made to adopt Planning Commission Resolution 26 -15 approving Design Review No. 4794 -15, for the construction of an accessory second unit and relocation of a historic garage: 4 Planning Commission September 9, 2015 MOTION: Commissioner Glasgow SECOND: Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: None MOTION CARRIED. Planning Commission September 9, 2015 4. NEW HEARINGS: 4.1 CONDITIONAL USE PERMIT NO. 2980-15 - WOODY'S DINER The applicant is requesting an Alcoholic Beverage Control Type 47 License (General On -Sale Alcohol — Eating Place) to serve alcoholic beverages at a new restaurant. Outdoor patio dining is proposed as part of this application. LOCATION: 2145 W. CHAPMAN AVENUE NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) because the project consists of the operation and licensing of an existing private structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution 24 -15 approving the sale of alcoholic beverages under a Type 47 license. Discussion: Kelly Ribuffo, Associate Planner, presented a project overview consistent with the staff report. She explained that the applicant was requesting a happy hour and it has been the Police Department's practice to oppose happy hours as part of ABC license cups. Public Hearing was opened. Erik Johnson, applicant, explained that it was a family style diner with various locations in Southern California and he stated the happy hour was a convenience for the parents when they came with their children. Speakers The following persons were concerned with the happy hour, the late closing hours on the weekends, the serving of spirits, parking, the noise on the weekends due to the late hours, increased traffic and DUIs: Melanie Diederich Dave Frazer Tammara Tagaloa Annie Cruz Mr. Johnson respected the opinions of the public speakers. He explained that breakfast and lunch were the busiest times on the weekends and this diner had more parking than their other restaurants. He stated that their other diners with alcohol licenses have never had any complaints during the last 29 years. 4 Planning Commission September 9, 2015 Ms. Ribuffo explained that since this was formally a restaurant, it did not trigger a review of the parking. Ms. Roseberry stated that staff did not work with restaurants to determine their hours of operation, that was just a business choice, and the sale of alcohol is run by ABC. If the Commission wanted to change the hours, it would need to be tied to the impact of the sale of the alcohol. The Commissioners had further questions about the parking, and concern with it being a family diner with late hours and serving hard liquor. Ms. Ribuffo explained that there were only 2 other locations within 600 feet that had alcohol licenses and the Police Department had found there was not an overconcentration of licenses in the area based on on -sale and off -sale types. Public Hearing was closed. The Commissioners further discussed the long hours, the Type 47 license, the applicant's other restaurants in Orange County that have not had any problems, and the Police Department not being opposed to the Type 47 license request. The Commissioners disagreed on allowing the happy hour. It was stated that if there was a problem in the future, it could come back to the Planning Commission and the CUP could be revoked. Motion was made to adopt Planning Commission Resolution 24 -15 approving Conditional Use Permit No. 2980 -15 authorizing the sale of alcoholic beverage (Type 47 license- General on -sale alcohol) and removing Condition #21: MOTION: Commissioner Correa SECOND: Commissioner Gladson AYES: Commissioners Correa and Gladson NOES: Commissioners Glasgow and Willits ABSENT: None QPrnnd VntP MOTION FAILED. Motion was made to adopt Planning Commission Resolution 24 -15 approving Conditional Use Permit No. 2980 -15 authorizing the sale of alcoholic beverage (Type 47 license- General on -sale alcohol) and removing Condition #21: MOTION: Commissioner Gladson SECOND: Commissioner Willits AYES: Commissioners Correa, Gladson, and Willits NOES: Commissioner Glasgow ABSENT: None MOTION CARRIED. R Planning Commission September 9, 2015 4.2 ORDINANCE AMENDMENT FOR ACCESSORY STRUCTURE CODE CLEAN- UP An ordinance to clarify City standards for residential accessory structure setbacks. LOCATION: CITYWIDE NOTE: The draft Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5 — Minor Alterations in Land Use Limitations). RECOMMENDED ACTION: Adopt Planning Commission Resolution 27 -15 recommending City Council approval of an Ordinance amending Title 17 of the Orange Municipal Code to clarify City standards for residential accessory structure setbacks. Discussion: Anna Pehoushek, Acting Assistant Community Development Director, presented a project overview consistent with the staff report. Public Hearing was opened. There were no speakers Motion was made to adopt Planning Commission Resolution 27 -15 recommending City Council approval of an Ordinance amending Title 17 of the Orange Municipal Code to clarify City Standards for residential accessory structure setbacks: MOTION: Commissioner Willits SECOND: Commissioner Gladson AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: None MOTION CARRIED. 6 Planning Commission September 9, 2015 4.3 TENTATIVE TRACT MAP 0036 -15 (17645), WASHINGTON HAMLIN TRACT (THE OLSON COMPANY) The applicant proposes a Tentative Tract Map for condominium purposes. A single lot with public utility and access easements would result. No specific number of units, site plan, floor plans, or building elevations are associated with the proposal. No site plan or design review components are associated with the proposal. LOCATION: South of East Washington Avenue and South Hamlin Street Intersection NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15315 (Class 15 — Minor Land Divisions). RECOMMENDED ACTION: Adopt Planning Commission Resolution 28 -15 approving TTM 0036 -15 (17645) for residential purposes. Discussion: Chad Ortlieb, Senior Planner, presented a project overview consistent with the staff report. He explained to the Commission that the proposed Resolution did outline findings that had been made and he read those 13 characteristics. Commissioners Glasgow and Willits disclosed they had an informational meeting with the Olson Company. Commissioners Gladson and Correa had not met with the applicant. Public Hearing was opened. Doris Nguyen, Olson Company, explained they are both the applicant and the owner of the land. She thanked the staff for their time and effort in processing the application. The Planning Commission had the following comments, concerns, and questions: • How did they know if there were going to be adequate services if they didn't know what they were going to build. Mr. Ortlieb explained that they made a projection siting the General Plan maximum. • Concerned with 60 units on the property and the need for more information. • Asked if staff looked at the potential impact of 60 units and how it would impact that area. Mr. Ortlieb stated they are not assuming a full 60 units but are relying on this project coming back under a Major Site Plan Review. • Questioned the single -story overlay on the zoning. Mr. Ortlieb stated that the property is zoned R -3 -A and it means single story. • Asked why the proposed project was separated from the tentative tract map request. John Reekstin, Olson Company, stated there were two primary reasons. 7 Planning Commission September 9, 2015 First, the Olson Company wanted to show good will to the neighborhood and introduce the map to them. Secondly, he stated they have owned the property for 2 years and are trying to keep their options by either developing the property or selling it. • Concerned with the potential sale of the property. • Asked if the applicant had used this procedure before in any other of their developments and it seemed to raise more questions than it gave answers. Mr. Reekstin said they have not requested this before and clarified that this request did not give any rights to build anything on the property. • Unsure about entry access from the streets. Mr. Reekstin showed how the access was delineated on the map. • Questioned how this would be bifurcated from a CEQA perspective. • Asked what would cause the applicant to sell the land. Mr. Reekstin said it would be an economic incentive and would be a decision made by their Board of Directors. • Concerned that no general plan was before the Commission. • Questioned what the fire and safety plans would be. Mr. Reekstin stated that if the map was not going to be approved, that the Commission make their specific findings under the California Government Code as to the reason for their objections. Speakers Kimberly Johnson address on file, wanted the lot developed in a way that was appropriate, responsible, and within the existing zoning code. She stated that at a previous community meeting, the applicant was proposing a development with 34 units with lofts. She was opposed to the lofts which would be a second floor and since the property sits higher than the surrounding properties, the windows would look down into the neighboring homes creating a privacy issue. George Gallardo address on file, was concerned with increased traffic and parking in the surrounding neighborhoods. Roy Spencer address on file, was concerned with the impact on the Orange Lakes Refuge. He also wanted to see what the applicant was proposing to do with the property. Vivian Maxwell address on file, did not object to the property being developed but there were issues that could not be resolved including traffic, size of the property, chain link fence by the drainage ditch, and parking. Mr. Reekstin returned to address the issues which were raised by the speakers. He explained they were aware of all the issues and concerns raised by the neighborhood. He stated that the map before the Commission was not dealing with any of these issues and they would be discussed at the appropriate time. Public Hearing was closed. Planning Commission September 9, 2015 Mr. Sheatz clarified that the Commission had a recommendation from staff and if they agreed with that, they could adopt the resolution and it would move on to City Council. If they did not agree with that, then the Commission needed to state what their disagreement was with the findings and then staff would come back with a recommendation of denial to the City Council with the appropriate findings. Commissioner Correa was concerned there was no comprehensive plan; with the impact on the Orange Lakes Refuge; with parking issues; with ingress and egress; with the health and safety of the community; with the privacy issue regarding the lofts; with the property if it was sold; and he needed more information to ensure it would not be overdeveloped. Commissioner Glasgow understood there were a lot of unknowns but those would come back to the Commission at a later date and be vetted. Commissioner Willits thought it asked more questions than it answered. He wasn't sure why the applicant was trying this approach for the first time. Mr. Reekstin stated that the Olson Company had never closed on a piece of property and then gone through the entitlement process. Commissioner Gladson had concerns with some of the findings which stated the subdivision complied with the development standards including setback and height, parking requirements, and other development requirements. She could not say this map complied with those because she did not have that data. Motion was made to send the Tentative Tract Map back to staff to receive more information from the Olson Company with a tract map and the number of units that could be placed on the property and bring it back to the Planning Commission so they could make a better decision including the number of units and a site plan. MOTION: Commissioner Glasgow SECOND: Commissioner Willits Mr. Ortlieb explained if that motion was to pass, the project would be at a point where more CEQA analysis would be required along with a major site plan and it would no longer be just the tract map. Mr. Reekstin preferred the Commission take affinitive action one way or the other. Commissioner Glasgow withdrew the motion. Motion was made to deny the Tentative Tract Map and to have staff prepare a resolution with appropriate findings related to the map findings and the General Plan findings to deny the map based on some of the issues the Commission discussed. The concerns included the lack of development standards which did not afford the ability of the Commission to find that it complied with the Orange Zoning Ordinance; if it was compatible within the existing residential designation 9 Planning Commission September 9, 2015 and neighborhood in the vicinity of the subject site; #4 had to be looked at in terms of public welfare relating to adjacent land uses particularly the slope areas to the east; look at #7, #10 and all of them to make the findings to approve the map. Mr. Sheatz stated that there were a couple of findings pursuant to State law and if the Commission could make any of the following findings, then the map should be denied. These included the site not being physically suitable for the type of development; the density; serious public health problems; and the environmental and physical suitability for this type of development. MOTION: Commissioner Correa SECOND: Commissioner Gladson AYES: Commissioners Correa, Gladson, and Willits NOES: Commissioner Glasgow ABSENT: None MOTION CARRIED. 10 Planning Commission September 9, 2015 5. ADJOURNMENT: The meeting was adjourned to the regularly scheduled meeting on Monday, September 21, 2015. MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Correa, Gladson, Glasgow, and Willits NOES: None ABSENT: None Meeting adjourned at 9:44 p.m. MOTION CARRIED. 11