2011 - September 19Planning Commission Meeting APPROVED September 19, 2011
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Planning Commission
City of Orange
September 19 2011
Monday 7:00 p.m.
PRESENT: Commissioners Buttress, Gladson, Grangoff, Merino and Steiner
ABSENT: None
STAFF
PRESENT: Alice Angus, Community Development Director
Ed Knight, Assistant Community Development Director
Jennifer Le, Senior Planner
Gary Sheatz, Assistant City Attorney
Sandi Dimick, Recording Secretary
ADMINISTRATIVE SESSION
Chair Steiner opened the Administrative session @ 6:50 p.m. and stated that there were
the minutes to approve and one Agenda item. On the meeting minutes of September 7,
2011, Commissioners Grangoff and Merino would abstain from the vote as they had not
been present at that meeting. Commissioner Gladson noted a correction to the minutes to
correct the City of Santa Monica to read Santa Margarita.
Chair Steiner asked the Commissioners if they had any questions on the Zone Change
item.
Commissioner Merino stated based on the emails and correspondence that they had
received, he wanted to be sure that Staff was clear on what the meaning of a vote for the
affirmative or for the negative would mean in terms of Staff's recommended action on
the item. Chair Steiner stated the re- zoning would be consistent with the components of
the General Plan.
Chair Steiner stated there were 5 different zones with many of the zones being
grandfathered in. He had not anticipated that the public had much anxiety with the re-
zoning and the legal non - conforming properties would be that way indefinitely.
Commissioner Gladson stated they could have a good discussion on the dais. Chair
Steiner asked if there was a crowd expected? Mr. Knight stated he anticipated there
would be a couple of speakers from the public.
Chair Steiner stated the re- zoning would be a recommendation to the City Council and
there were 3 main issues on the Agenda item before them. Commissioner Buttress stated
they had received a lot of emails in their folders.
Minutes
Chair Steiner stated the Community Development Director, Alice Angus, was present.
Ms. Angus stated she was present to watch the proceedings from the audience and Senior
Planner Jennifer Le had the pleasure of presenting the item to the Planning Commission.
Planning Commission Meeting
September 19, 2011
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Chair Steiner stated he had received emails both in support and against the zone change
agenda item. Commissioner Buttress stated there were 3 negative responses and the
remainder were positive. Commissioner Merino stated there was support for and against
the proposal, but most of the correspondence indicated people wanted the same thing.
Chair Steiner asked if there was anything further to discuss? There was no further
discussion.
Administrative Session adjourned @ 7:00 p.m.
PUBLIC PARTICIPATION None
REGULAR SESSION
Consent Calendar:
(1) APPROVAL OF MINUTES FROM THE REGULAR SCHEDULED
MEETING OF SEPTEMBER 7, 2011
Commissioner Gladson made a motion to approve the minutes from the regular scheduled
Planning Commission Meeting of September 7, 2011 with the correction as noted during
the Administrative Session.
SECOND: Commissioner Buttress
AYES:
Commissioners Buttress, Gladson, Steiner
NOES:
None
ABSTAIN:
Commissioners Grangoff and Merino
ABSENT:
None
MOTION CARRIED
Planning Commission Meeting September 19, 2011
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(2) ZONE CHANGE NO. 1261 -11 — REZONE CERTAIN PROPERTIES IN
THE OLD TOWNE HISTORIC DISTRICT TO SINGLE FAMILY (R -1 -6)
The City of Orange General Plan update was adopted in March 2010. Included in Plan
adoption were changes to the City's Land Use Policy Map affecting portions of the
residential quadrants of Old Towne. Specifically, multiple blocks and properties
previously designated Low Medium Density Residential (6 -15 dwelling units /acre) and
Medium Density Residential (16 -24 dwelling units /acre). Old Towne Mixed Use and
Public Facilities were re- designated Low Density Residential (2 -6 dwelling units /acre).
The Zoning classification that corresponds to the Low Density Residential (LDR) land
use designation is Single Family Residential (R -1). There are also portions of the Old
Towne residential quadrants that have had a long- standing LDR General Plan
designation, but not R -1 zoning.
NOTE: Final Environmental Impact Report (EIR) No. 1815 -09 for the
Comprehensive General Plan Update was certified on March
9,2010 and prepared in accordance with the California
Environmental Quality Act. The proposed activity is within the
scope of the previously approved General Plan and is adequately
described in the previously certified General Plan Program EIR for
purposes of CEQA.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. 19 -11 recommending
City Council approval and adoption of Ordinance No. 09-
11 establishing consistency between the Low Density Residential
Land Use Designations and Zoning classification in portions of
Old Towne in accordance with State law.
Chair Steiner opened the Public Hearing and stated there had been approximately 20
letters, emails and correspondence received on the Agenda Item.
Senior Planner Jennifer Le presented a project overview consistent with the Staff Report.
Chair Steiner opened the item for any questions for Staff?
Commissioner Merino stated the General Plan Update lead folks to believe that low
density residential would keep a single family designation within the Old Towne District.
He asked if there was a significant difference or would the alignment to the zoning in the
General Plan in anyway change that, and if so in what manner?
Ms. Le stated the LDR General Plan Land Use Designation was for the purpose of single
family residential. The R -1 zoning district was the zoning district that corresponded to
that Low Density Residential designation. In re- zoning properties to R -1 to be consistent
with the LDR General Plan Designation reinforced the single family residential
neighborhood character.
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Commissioner Merino stated one of the concerns and whether it was founded or not,
seemed to be that somehow with the re- designation or alignment that a particular lot
could be developed with multiple family units rather than a single family residence with
perhaps a granny flat. He asked if that was an accurate assessment of the issue.
Ms. Le stated the R -1 zoning would allow for single - family residential development as
well as things such as an accessory second unit, but not multi - family.
Chair Steiner opened the hearing for Public Comment.
Steve Bennett, address on file, stated he was with the OTPA. They had been vigorously
supporting the effort for the last 20 years to get the R -1 zoning and it was something that
was pretty common in historical districts and he was totally for the passage of the item.
Sue, address on file, stated property owners would still be allowed to build granny units
but not second units, if she understood it correctly? The first thing most agencies would
do when there was a national historic designation was to re -zone to R -1. Not approving
the R -1 zoning change would set them back and undo all the hard work that had been
done and it would also reduce property values. It had been discussed for the past 20
years and she agreed with the zoning change.
Chair Steiner asked Ms. Le to address the speaker's question.
Ms. Le stated under the R -1 zoning, an accessory second unit would be allowed. An
accessory second unit was also referred to as a granny flat. The main distinction would
be that an accessory second unit was less that 640 square feet and if it was greater than
640 square feet, it would be considered a second unit.
Tom Loughrey, address on file, stated he lived in the 200 block of north Orange and
when he had moved to Orange and had redone his house a dozen years ago. He had not
realized the nature of the street they had moved on. They loved the house and saw what
could be done with it and they had gone ahead with the changes. If he had known what
existed on the street he would have had second thoughts about the home. Directly across
the street was a house that had 6 to 7 units in it and every one of the cars was parked out
in the street, not in the driveway and not in the garage space. The garage spaces were
filled with storage. The driveways were not used and all of the on- street parking was
used. It was not the only house like that on the street. It was directly across the street
and created an unpleasant living environment; although the neighbors over the years that
had been in and out of there had been hospitable. The landlord unfortunately had not
maintained the property well, and not to say single family homes were always
maintained, but he understood the business the landlord was in and that he was making as
much money as he could off the home. It was an unfortunate state of affairs and it could
be corrected with getting the property re -zoned to R -1 and ultimately over the years he
would hope for a better neighborhood there.
Diana Zdenek, address on file, stated she was in favor of the R -1 zoning.
Planning Commission Meeting September 19, 2011
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Michael Oats, address on file, stated he was part of the OTPA and he agreed with all of
his neighbors and their valid concerns that they had. He stated that he and his wife
supported the R -1 re- zoning of the Old Towne Historic District.
Dan Slater, address on file, stated he was a realtor and a property rights advocate and he
had several properties in Old Towne that would be affected by the vote. His personal
residence on Pine Street was zoned R -1 and the street directly behind him was zoned R -2.
The highest and best use of properties in the neighborhood were as an historic district and
anything the City Government could do to promote that would be the right thing to do.
Returning the area to R -1 was the right thing to do and he supported that. There were
areas that were R -2, R -3 and R -4 and the statement that he made to buyers and investors
was that the City was not happy with the way the area was originally developed and that
they wanted change, redevelopment and increased density. He believed that was not
what they wanted for the historic district. It deteriorated the historic district and what
improved the district was when homeowners moved in and improved the homes. Over
the years what he had seen more often than not, with multiple unit homes, was to change
them back into single family homes. Residents had been asking for the change for 20
years and he asked the Planning Commission to not wait any longer.
Andrea McCulley, address on file, stated she had an interest in maintaining the historic
district and she knew that people outside of the district also enjoyed the historic nature
and Old Towne feel. Old Towne was the largest contiguous residential historic district
west of the Mississippi and that was something worth preserving. She would like to see
the City work toward the future and do everything to preserve the district.
Jeannette McClain, address on file, stated she supported the R -1 re- zoning of the Old
Towne Historic District and she believed it would benefit the historic nature of the
community. The density was enough.
Chair Steiner brought the item back to the Commission for discussion or a motion.
Commissioner Merino stated that an affirmative vote by the Planning Commission would
insure that there was alignment within the General Plan. The zoning for the Old Towne
Historic District would insure that the intent of the General Plan would be to keep low
density single family properties in place.
Ms. Le stated that was correct.
Commissioner Gladson stated there was a point she wanted to add to the discussion. One
of the points that is part of the Staff Report was the element of the term "grandfathering"
in uses and buildings. If the Commission took action to recommend approval to the City
Council of the zone change, were there properties that could retain their use and also
maintain the structure.
Ms. Le stated for properties that already had multiple units or another use that was not
single family residential as a result of the re -zone, the use and structure could continue to
Planning Commission Meeting September 19, 2011
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operate as they had done before. The limitations of the legal non - conforming portion of
the ordinance essentially limited additions or major alterations or expansions of the use.
The existing use and structure could continue on.
Commissioner Grangoff stated the properties would remain that way in perpetuity, even
when the property changed hands.
Ms. Le stated that was correct.
Commissioner Merino stated there was not an intent or restriction on a property owner
should they wish to pursue a zone change. It would be an applicant's right to bring the
request for a zone change before the Planning Commission or City Council.
Ms. Le stated that was correct.
Chair Steiner stated there had been a great deal of support for the re- zoning.
Commissioner Merino made a motion to adopt PC Resolution No. 19 -11, recommending
approval to the City Council Zone Change No. 1261 -11- Rezone certain properties in the
Old Towne Historic District to single family (R -1 -6) and adoption of Ordinance No. 09-
11.
Chair Steiner stated he was aware that findings were not necessary, but that the reason for
passage of the Resolution was clear in relationship to the amendment of the General Plan
and that the environmental determination was clear.
Ms. Le stated yes and that would be done with the adoption of the Resolution.
Assistant Community Development Director Ed Knight stated that was correct and
included in Section No. 1 Findings and Section No. 2 Environmental Reviews; in
adopting the Resolution the findings were being made.
SECOND: Commissioner Gladson
AYES:
Commissioners Buttress, Gladson, Grangoff, Merino and Steiner
NOES:
None
ABSTAIN:
None
ABSENT:
None
MOTION CARRIED
Chair Steiner stated before the Planning Commission adjourned, he wanted to
acknowledge Commissioner Merino's deployment by the United States Navy to
Guantanamo, Cuba and he wished Commissioner Merino well in his service to his
country. He looked forward to his return to the Planning Commission.
Planning Commission Meeting
(3) ADJOURNMENT:
September 19, 2011
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Adjournment to the next regular Planning Commission Meeting scheduled for Monday,
October 3, 2011.
Commissioner Gladson made a motion for adjournment to the next regular scheduled
meeting of the Planning Commission on October 3, 2011.
SECOND: Commissioner Buttress
AYES:
Commissioners Buttress, Gladson, Grangoff, Merino and Steiner
NOES:
None
ABSTAIN:
None
ABSENT:
None
MOTION CARRIED
Meeting Adjourned @ 7:25 p.m.