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2015 - February 2Planning Commission February 2, 2015 Minutes Planning Commission City of Orange February 2, 2015 Monday 7:00 p.m. PRESENT: Commissioners Steiner, Buttress, Cathcart, Correa, and Gladson ABSENT: None STAFF PRESENT: Leslie Roseberry, Planning Manager Gary Sheatz, Senior Assistant City Attorney Chad Ortlieb, Senior Planner Marissa Moshier, Associate Planner- Historic Planner Sharon Penttila, Recording Secretary 1. REGULAR SESSION: 1.1 CALL TO ORDER: Chair Steiner called the meeting to order at 7:01 p.m. 1.2 FLAG SALUTE: Commissioner Cathcart led the flag salute. 1.3 ROLL CALL: All Commissioners were present. 1.4 PUBLIC PARTICIPATION None 1.5 CONTINUED OR WITHDRAWN ITEMS: None 1.6 PLANNING MANAGER REPORTS None 2. CONSENT CALENDAR: 2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED MEETING OF JANUARY 19, 2015. Motion was made to approve the minutes as written. MOTION: Commissioner Buttress SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Cathcart, Correa, and Gladson NOES: None ABSENT: None Planning Commission February 2, 2015 3. COMMISSION BUSINESS: 3.1 DESIGN REVIEW COMMISSION NO. 4658-12 — YAGHI RESIDENCE On June 17, 2013, the Planning Commission approved Design Review Committee 4658- 12 for the design of a 198 square foot addition to a contributing residence and a new two -story 1,301 square foot detached second unit with a 248 square foot garage in the Old Towne Historic District. DRC 4658 -12 was approved concurrently with Conditional Use Permit 2884 -12 for construction of a two -story building in the Old Towne Historic District, and Minor Site Plan 0712 -12 for construction of an additional residential unit on a single parcel. The applicant is requesting a modification to the approved window material in the second dwelling unit. LOCATION: 437 SOUTH OLIVE STREET NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15270 (Projects Which Are Disapproved), because Staff recommends that the proposed project be disapproved. RECOMMENDED ACTION: Adopt Planning Commission Resolution 06 -15 denying a modification to the window material in a new second dwelling unit previously approved as Design Review Committee 4658 -12. Discussion: Marissa Moshier, Associate Planner — Historic Planner, presented a project overview consistent with the staff report. The Commissioners had questions about the windows regarding the aluminum material, visibility to the public and how the wood vs. the aluminum age. Chuck Yaghi, homeowner, addressed the Commission. He stated the windows were installed 3 months ago and they look the same as the wood windows. He indicated it was not a historic home. Ms. Moshier indicated previous approval of the windows on the plans were wood. Gary Sheatz stated a temporary occupancy permit was going to be issued while the windows were replaced but it was determined it would be problematic since the tenants would have to vacate the property. Jon Califf, architect, felt new infill needs to be compatible but not identical. Commissioner Correa stated the conditions should have been followed as outlined by the approved DRC plans. 2 Planning Commission February 2, 2015 Motion was made to deny modification to the window material in a new second dwelling unit: MOTION: Commissioner Correa SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress, Correa and Gladson NOES: Commissioner Cathcart MOTION CARRIED Planning Commission February 2, 2015 4. CONTINUED HEARING: 4.1 APPEAL NO. 0536 -14 OF REASONABLE ACCOMMODATION NO. 0003 -14 — NEWPORT ACADEMY This item was continued from the Planning Commission Meeting on Monday, December 15, 2014. The applicant requested a Reasonable Accommodation to permit 12 residents to reside at the Newport Academy residence. The request was to provide for relief from the restrictions imposed by OMC Section 17.14.050(0) regarding sober living establishments and the definition of boarding houses contained in OMC 17.04.021. On September 29, 2014, the Community Development Director (CDD) denied the Reasonable Accommodation request. On October 3, 2014, Newport Academy appealed the CDD denial to the Planning Commission. LOCATION: 1655 HUNTERS WAY NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guideline Section 15270 because the Planning Commission is recommended to deny the appeal and uphold the CDD's denial of the reasonable accommodation request. RECOMMENDED ACTION: Adopt Planning Commission Resolution 37 -14 denying the appeal and upholding the CDD's decision to deny the reasonable accommodation request. Discussion: Chair Steiner made a disclosure, for the record, in which he explained his involvement with group homes in the past. At one time he was the director of the Orangewood Children's Home. He established 9 group homes in California from 1967- 1978 which were 6 -bed facilities for troubled youths. He is sympathetic to the Newport Academy but notwithstanding, he felt he could make a fair and impartial decision. Chad Ortlieb, Senior Planner, presented a thorough project overview consistent with the staff report. Public Hearing was opened. Phillip Greer, applicant, explained the use of the group home. He indicated it provides a safe and controlled environment for youths. The residents are required to go to school, receive treatment, attend group sessions and follow protocol. He emphasized it is a licensed treatment facility. Those who spoke in favor of denying the appeal: Dan Graupensperger David Swoish Michelle Gregory Brian Gwartz 4 Planning Commission February 2, 2015 Susan Elgin Theresa Sears Joe Tannenbaum Barbara Weiner David Hillman Susan Philipp Victoria Coonradt Chuck McNees Those who spoke were in agreement with the staff findings. They were concerned that they were never told the treatment facility existed in the neighborhood, there are parking and traffic problems, 12 residents would violate the CC &Rs, there are increased public safety demands, it would set an unwanted precedent and the facility is not a good neighbor. Mr. Greer returned to answer some of the concerns. He explained that increased profit is not why they are making this request. He stated the facility is managed by licensed certified staff, there is no evidence of robbery, this is not like all other group homes, and they would reimburse the police for service calls. Commissioner Buttress thought sending out an invitation to the neighbors and providing a phone number to them was a good idea. Mr. Sheatz raised an issue about the calls for service. He stated it doesn't matter who calls the Police Department because they are still required to respond or act either from self - reporting or by a neighbor. He was uncomfortable with the suggestion of paying for the Police services because the City doesn't have the ability to do that since it is something it is obligated to provide. Chair Steiner explained that this would change the Orange Park Association Specific Plan. This is a land use situation and going above what is permitted by the State is a big deal. Public Hearing was closed. The Commissioners agreed that reasonable accommodations had not been met. Motion was made to adopt Resolution 37 -14 denying Appeal No. 0536 -14 and upholding the Community Development Director's decision to deny reasonable accommodation request No. 0003 -14: MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None MOTION CARRIED Planning Commission February 2, 2015 4.2 CONDITIONAL USE PERMIT NO. 2943-14 — NEWPORT ACADEMY This item was continued from the Planning Commission Meeting on Monday, December 15, 2014. The applicant proposes to modify CUP 2599 -06 and eliminate the deed restriction and condition for non - habitable occupancy in order to convert the accessory building to dormitory -style housing with two bathrooms and two bedrooms with two beds each. Rooms designated on the demolition floor plan as work area, offices, and meeting rooms would remain alongside the new bedrooms. LOCATION: 1655 HUNTERS WAY NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per local CEQA Guidelines and the State CEQA Guidelines Section 15270 because the action sought is denial of CUP 2943 -14. RECOMMENDED ACTION: Adopt Planning Commission Resolution 37 -14 denying a request to: (1) modify CUP 2599 -06 by eliminating a condition and removing a deed restriction to allow habitable occupancy of an accessory structure and (2) to add an additional full bathroom to the structure such that there would be two bedrooms and two bathrooms in the structure. Motion was made to continue this item to a date not certain: MOTION: Commissioner Steiner SECOND: Commissioner Buttress AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None Additional Public Comment after the motion to continue the items to a date not certain: MOTION CARRIED David Swoish • It was already delayed from the December 15 hearing. • The State chose six. • The Commission has denied Hunters Way and it is the same issue so let's move on. • Haven't heard from OPA because they have accepted the greater authority. Brian Gwartz • Applicant has the right to withdraw and have the issue concluded and then reapply at a future date. • Applicant does not have the right to postpone to a date uncertain. • It is hard on the members of the community. • He has followed the kids from their smoking hideout near his house. 6 Planning Commission February 2, 2015 Police don't come out to issue parking violations. They love the disabled and it is why no complaints have been heard with six residents. • Past six you lose the home environment. Cheryl Skigin • Lives across the street on Ranch Wood Trail and it is not speculation when you see them going down the trail, coming out of the house and parking so it blocks the driveway. Don't hear OPA complaining because there is no place that is more nurturing, understanding and supportive than this community. Must have a size that provides a nurturing, family atmosphere. 4.3 APPEAL NO. 0537 -14 OF REASONABLE ACCOMMODATION NO. 0004 -14 — NEWPORT ACADEMY This item was continued from the Planning Commission Meeting on Monday, December 15, 2014. The applicant requested a Reasonable Accommodation to permit 8 residents to reside at the Newport Academy residence. The request was to provide for relief from the restrictions imposed by OMC Section 17.14.050(0) regarding sober living establishments and the definition of boarding houses contained in OMC 17.04.021. On September 29, 2014, the Community Development Director (CDD) denied the Reasonable Accommodation request. On October 3, 2014, Newport Academy appealed the CDD denial to the Planning Commission. LOCATION: 811 NORTH RANCH WOOD TRAIL NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15270 because the Planning Commission is recommended to deny the appeal and uphold the CDD's denial of the reasonable accommodation request. RECOMMENDED ACTION: Adopt Planning Commission Resolution 39 -14 denying the appeal and upholding the CDD's decision to deny the reasonable accommodation request. Motion was made to continue this item to a date not certain: MOTION: Commissioner Steiner SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None MOTION CARRIED 7 Planning Commission February 2, 2015 4.4 CONDITIONAL USE PERMIT NO. 2944-14 — NEWPORT ACADEMY This item was continued from the Planning Commission Meeting on Monday, December 15, 2014. The applicant seeks to construct two bedrooms and two bathrooms in an existing accessory structure for use in association with a group home currently operating in the primary dwelling on -site. The addition of plumbing facilities inside a structure over 150 SF in size necessitates the conditional use permit. LOCATION: 811 NORTH RANCH WOOD TRAIL NOTE: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines and the State CEQA Guidelines Section 15270 because the action sought is denial of CUP 2944 -14. RECOMMENDED ACTION: Adopt Planning Commission Resolution 40 -14 denying a request to add two bedrooms and two bathrooms in an accessory structure. Motion was made to continue this item to a date not certain: MOTION: Commissioner Gladson SECOND: Commissioner Correa AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None MOTION CARRIED Planning Commission February 2, 2015 5. REORGANIZATION/ELECTION OF CHAIR & VICE CHAIR Motion was made to elect Pat Buttress as Commission Chairperson: MOTION: Commissioner Steiner SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None Motion was made to elect Adrienne Gladson as Commission Vice Chairperson: MOTION: Commissioner Buttress SECOND: Commissioner Steiner AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None As the Chair for the past three years, Chair Steiner thanked the staff for all they meant to the Commission and the support given to them by the staff. Commissioners Buttress, Correa and Gladson thanked Commissioner Cathcart for being a joy to work with and having learned a lot from him. Commissioners Buttress, Correa and Gladson thanked Chair Steiner for running impeccable meetings, for his objectivity, professionalism and for being a wonderful leader. MOTION CARRIED 6. ADJOURNMENT: The meeting was adjourned to the regularly scheduled meeting on Wednesday, February 18, 2015. MOTION: Commissioner Buttress SECOND: Commissioner Gladson AYES: Commissioners Steiner, Buttress, Cathcart, Correa and Gladson NOES: None Meeting adjourned at 9:46 p.m. MOTION CARRIED 9