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1.5 CONTINUED OR WITHDRAWN ITEMS: None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.
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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
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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.
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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
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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
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