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2005 - July 6 Planning Commission Minutes July, 6, 2005 Minutes Planning Commission City of Orange July 6, 2005 Monday -7:00 p.m. PRESENT: ABSENT: PRESENT: INRE: Commissioners Bonina, Enderby, Imboden Commissioner Pruett Alice Angus, Director Rick Otto, Acting Planning Manager Anne E. Fox, Contract Staff Planner Ted Reynolds, Assistant City Attorney Jerre Wegner, Recording Secretary PUBLIC PARTICIPATION: None. Chair Bonina announced the next study session for the Orange General Plan would take place Thursday, July 21, 2005 at 6:30 p.m. - 9 p.m. It is called the "Vision Validation Workshop" and will be held at the First Presbyterian Church, 146 North Grand Street in the Irvine Room. IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN: None. IN RE: CONSENT CALENDAR: (1) APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF APRIL 18,2005, MAY 2, 2005 AND JUNE 7,2005 (SPECIAL STUDY SESSION). Commissioner Bonina made a motion to approve the minutes of the April 18, 2005 meeting and continue the approvals of the May 2,2005 and June 7, 2005 minutes to the next regularly scheduled meeting. SECOND: AYES: NOES: ABSENT: ABSTAIN: Commissioner Imboden Commissioners Bonina, Enderby, Imboden None Commissioner Pruett None MOTION CARRIED. Page 1 Planning Commission Minutes July, 6, 2005 IN RE: NEW HEARINGS: (2) ORDINANCE - CHAPTER 17.10 - CUP TIME LIMITS A proposal to reduce the expiration to one year following discontinuation of use for nearly all uses except certain uses that involve the sale of alcoholic beverages or entertainment as well as antennas and other wireless communication facilities for which the expiration would be triggered after 6 months. The proposed reduction of the expiration period will provide the city with increased control and ability to better respond to changing circumstances and impacts to surrounding uses when subsequent uses operate under a previously approved CUP. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15305 (Class 5 - Minor Alterations in Land Use Limitations. RECOMMENDED ACTION: Adopt Resolution No. PC 23-05 recommending to the City Council approval of the Conditional Use Pern.it Time Limits Ordinance Amendment. Acting Planning Manager Rick Otto advised that currently Orange Municipal Code specifies a two-year time limit for the expiration of Conditional Use Permits where businesses cease to operate. Over the years the City has observed some challenges with this insofar as subsequent users are often operating under Conditional Use Permits that are outdated, antiquated or were originally approved under older Zoning Codes. This proposal is to reduce the time period to one year following discontinuation of use for nearly all uses except businesses that involve the sale of alcoholic beverages, certain entertainment, massage businesses as well as antennas and other wireless communication facilities for which the expiration would be triggered after 6 months. Mr. Otto stated it was important to note (per the Staff Report) that it does require a noticed hearing to look at the Conditional Use Permit for any terms that might have been violated, including this proposed ordinance. This would require a public hearing through the Planning Commission with a recommendation to the City Council. Commissioner Imboden directed comments to Staff that perhaps there could be a process established whereby when a Conditional Use Permit is granted that a file is created. The file would contain the minutes of the meetings when the permit was granted, a copy of the final Conditional Use Permit, any amendments made to the Conditional Use Permit and any other documents that would provide insight into actions taken by previous Commissions if a permit expires and someone comes back at a later date with a request to revive the permit. Chair Bonina asked Acting Planning Manager Rick Otto if the proposed process of limiting the time frame would add any significant Staff time or would there be additional Staffing required to implement? Mr. Otto responded they do not foresee any additional Page 2 Planning Commission Minutes July, 6, 2005 Staff time requirement; however, it would require Code Enforcement Staff to be a little more proactive in looking at certain properties if they were observed to be closed or a business license was not renewed. Chair Bonina asked if there is a revocation of the Conditional Use Permit in the works, can the applicant seek to extend? Ted Reynolds, Assistant City Attorney, responded he thought it was possible as obviously there would be a hearing before the Planning Commission on the basis for revocation. There is a Code s~ction that allows someone to seek an extension if they present extenuating circumstances. The Planning Commission would then weigh revocation versus extenuating circumstances. Understanding this project is categorically exempt from the provisions of CEQA, Chair Bonina made a motion for recommendation of adoption of Resolution No. PC 23-05 recommending to the City Council approval of the Conditional Use Permit Time Limits Ordinance Amendment. SECOND: AYES: NOES: ABSENT: ABSTAIN: Commissioner Imboden Commissioners Bonina, Enderby, Imboden None Commissioner Pruett None MOTION CARRIED. (3) CONDITIONAL USE PERMIT NO. 2525-05 - THE PERFECT FOOD A proposal to amend the existing Conditional Use Permit No. 2392-02 for a Type 74 (On-Sale General for Bona Fide Public Eating Place) License at 1160 North Tustin Street and Conditional Use Permit No. 2115-05 for a Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) License at 1170 North Tustin Street to a single Type 47 (On- Sale General for Bona Fide Public Eating Place) License at 1160 and 1170 North Tustin Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities. RECOMMENDED ACTION: Adopt Resolution No. PC 14-05 approving Conditional Use Permit No. 2525-05. Staff advised that a single operator has purchased both businesses currently at this location, done tenant improvements to combine the kitchens into a single kitchen and is now applying for a Conditional Use Permit for a single operation which will be a restaurant with a banquet room. Staff recommends approval with the conditions attached to the resolution. Page 3 Planning Commission Minutes July, 6, 2005 The public hearing was opened. The applicant addressed the audience advising he had purchased both businesses from two different owners and combined them into one facility. 1160 No. Tustin had an existing Alcoholic Beverage Control license that was transferred to him. 1170 No. Tustin had a beer and wine license that was surrendered. He is now requesting combination of the Alcoholic Beverage Control license to cover both the restaurant and the banquet room. Chair Bonina asked Staff to clarify Condition #14 as it related to capacity issues in the Banquet Hall. Staff responded that Condition #14 allows for banquet hall entertainment, amplified music and dancing to be permitted during normal hours of operation; however, any time they will have an event that may have more than 100 patrons they would be required to obtain a special event permit through Community Development and the Orange Police Department-Vice Unit. Chair Bonina noted that the Orange Police Department had reviewed the application and made a recommendation. Staff noted that Sgt. Rob Millel was in attendance to answer any questions. The public hearing was closed. There was not further discussion. Chair Bonina made a motion to adopt Resolution No. PC 14-05 approving Conditional Use Permit No. 2525-05. SECOND: AYES: NOES: ABSENT: ABSTAIN: Commissioner Enderby Commissioners Bonina, Enderby, Imboden None Commissioner Pruett None MOTION CARRIED. (4) CONDITIONAL USE PERMIT NO. 2537-05 AND ADMINISTRATIVE ADJUSTMENT NO. 05-89 - THE MUSIC ROOM (ALBERT AND MARY RICCI). To establish a performing arts academy for children by improving 5,890 sq. ft. of tenant space within an existing commercial structure. The structure is listed within the City's Historic Building survey, but is located outside the Old Towne Orange Historic District. Two emergency-only access doors will be added to the west elevation of the structure. The project also includes a request to have shared parking facilities between uses (tenants) within the building. The site is located at 940 West Chapman Avenue and 125 Page 4 Planning Commission Minutes July, 6, 2005 South Citrus Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15303 (Class 3 - Exemption). RECOMMENDED ACTION: Adopt Resolution No. PC 22-05 approving Conditional Use Permit No. 2537-05 and Administrative Adjustment No. 05-89. Staff provided a project overview during which they advised this business would use approximately 5,890 sq. ft. in what is currently a 20,000 sq. ft. historic, commercial structure. The building is listed within the City's Historic Building survey; however, it is outside the Old Towne Orange Historic District and it is currently not listed as being eligible individually for national register recognition. Inasmuch as this is being defined as a school use it would be a new use to the property. The property in question has a commercial designation and includes a piece of property to the south that has a residential designation. In both of these zoning districts school use is allowed through the Conditional Use Permit process. The current property owner has requested that the current occupancy of the building be vacated. His intention is to bring in all new tenants to the building. The Music Room is the first tenant to request occupancy. Pursuant to Section 17.34.100 of the OMC, the property owner is seeking approval through the Conditional Use Permit process to establish shared parking facilities on the property. The underlying basis for this is that the various uses anticipated within the commercial structure will need to utilize the parking lot areas at different times in the day and different days of the week based on peak operational characteristics. Specifics relative to continuous monitoring by the City of this shared parking arrangement are covered in the Staff Report. These are to preserve the general welfare of the immediate surrounding businesses and to residential neighborhood to the south. Staff pointed out that Attachment 3 illustrates a scenario (on a worst case basis) if the maximum classroom capacity is reached whereby the reqUIrement will be for 27 spaces. Even though class times are staggered, there is still potential for classes departing at the same time another class is arriving. This surge could result in insufficient parking. Staff commented that the Commission wasn't shown the original, existing site plan and apologized for the omission. The public hearing was opened. The applicant's representative, Douglas Ely, the Project Architect addressed the audience and recognized the efforts of the Community Development Staff. Mr. Ely advised they are intending to preserve the historical aspects of the structure and are minimizing the modifications to the exterior. The only modifications they are required to make are a couple of exit doors to the west side of the building. They propose to utilize like materials on the inside of the building. There are hardwood Page 5 Planning Commission Minutes July, 6, 2005 floors, which will be refurbished. There are fire sprinklf'fs being added which would eliminate the necessity for area separation walls. Mr. Ely believes the owner may apply for property tax relief through the Mills Act or a similar Act. The staggered stop and start times were addressed with the applicant stating there are IS-minute intervals between each session in an attempt to eliminate drop off/pick up occurring at the same time. The amount of parking assigned by Staff (27 spaces) is greatly in excess of the actual needs. The Music Room has been in business for approximately 20 years at their previous location within a shopping center on Chapman. There were 52 parking spaces for the center, which included a number of other retail businesses, and at best they were only 50% occupied each time observed. Mr. Ely noted he thought Staff used a worst-case scenario based on maximum student occupancy and one space per instructor to arrive at a requirement of 27 spaces. Instead, the applicant used the Orange Municipal Code requirements for schools to derive a requirement of 10 spaces that he believes is more realistic. This is the quantity specified on the application as some families have more than one child enrolled at the same time; other students car pool. Mr. Ely also noted the non-conforming parts of the existing site are being corrected. They propose a 30' landscape throat at the entrance off Chapman and the driveways are being brought up to City standards. The landscaping currently is pretty non-existent; they will be landscaping. Sharon Westenhoefer, Owner and Founder of the Music Room announced The Music Room was founded twenty (20) years ago and she has been personally involved in the programs offered since its inception. She stated they are more than willing to work with the scheduling issues to address concerns the City may have with pick up and drop off to enable this project to happen. Chair Bonina asked is the electrical box shown in the rear of the building between the residential area and the commercial building will remain in place? If so, is there any intent to protect it from traffic? Mr. Ely responded the site plan doesn't show the exact location; however, it can go between two parallel parking spaces. Chair Bonina pointed out that Code would require some sort of protective device. Chair Bonina asked if the parking analysis included required parking for the residential component? Staff responded, "No, it does not include the existing circumstances out there or that it is a non-conforming situation and that the parking spaces being shown at the rear are not accessible to the residents - they are blocked offby a fence." Mrs. Lisa Blanc, address on file stated she had two reasons for attending the meeting: (1) to support this application as she will always support worthwhile reinvestment in the west side. She believes this area has always needed help, new blood and creativity. Further, it is her opinion this applicant is flexible and the building owner will do the right thing. This combination will only lead to good things. (2) As a parent of two children in the Orange Unified School District they have lived Page 6 Planning Commission Minutes July, 6, 2005 through the budget cuts and the cuts that continue to affect the arts. She wonders what will be left for future generations so she wants to support someone willing to come in to the area to do something in the name of the arts. She concluded stating she thought this was a project the Commissioners should support and one that ultimately the community would support. Mr. David Swoish, address on file stated he wanted to speak on behalf of the parents of hundreds of students that have gone through The Music Room over the years. He believes The Music Room is truly one of the jewels of Grange. He stated The Music Room co-exists currently with a center that includes approximately eleven (11) different businesses with only approximately fifty (50) parking space.; and he doesn't think there is ever a parking problem. It is a great project and as a representative of hundreds of parents he would like to request approval ofthe project. Ms. Rita Jakel, address on file stated she resides diagonally from where this proposed business will be located and that she was speaking on behalf of the residents and homeowners. The proposed usage with multiple tenants having limited parking worries them. They are also concerned about an increase in after hour's noise and traffic, which they have not had as a result of having commercial buildings at the end of the block. They have previously had issues with parking before due to the growth of a business that had grown to thirty (30) employees, many whom parked on the street along the entire block. At that time they came close to petitioning for permit parking. They worked with the City and in the end they didn't have to go to permit parking as the business relocated to another facility. Every home on the street has single loading driveways and multiple vehicles. Street sweeping day (each Tuesday) in particular poses a problem. The credit union has added a 24-hour A TM, which has also added to the parking problem. She believes the credit union will continue to be vigilant in protecting the parking spaces for their customers. Delivery vehicles to the 940 building block the street throughout the day as they generally park perpendicularly. The homeowners are respectfully requesting that the Commission very carefully look at the parking and ensure there is adequate parking for all the businesses that will eventually occupy the building, as the street cannot support overflow. Mr. Albert Ricci, address on file advised that approximately thirty days ago he purchased the building at 940 West Chapman Avenue. He cited the reason for the purchase was it is a historic structure built in 1929 and it's one of the few historic buildings left outside of Old Towne. The property is rich in history and it's almost identical to the day it was built. He stated it still has the original plumbing, the electrical has been upgraded and there are bollards around the electrical box as was discussed earlier. The building has not been structurally reinforced and it does not have fire sprinklers. The landscape is almost non-existent, the parking lot is in disrepair, the paint is not good, and there is illegal signage on the side of the building. His intent is to improve the building and bring it back to the way it was in 1929. As he selects new tenants he is bearing in mind the Page 7 Planning Commission Minutes July, 6, 2005 community's concern over parking and use. He is trying tc choose tenants that would fit in the building and minimize the parking demand. In the leases for the duplexes he will specify each tenant will be given one parking space. Mr. Ricci stated the building needs a lot of improvement. He will be investing significantly in needed improvements. They've agreed to dedicate the sidewalk-the City does not own the sidewalk. The dumpsters presently sit on the side of the building; they are proposing trash enclosures so they are not visible. The building has no heating or ventilation; they will put in central heating and air conditioning. They will redesign the side entrances and restore one of the doors on Citrus. Mr. Ricci encouraged the Commission to approve the application for The Music Room. He believes the off use hours of 5 p.m. to 9 p.m. will compliment the other business. He mentioned the other tenants he is talking with and reiterated his intent to restore the historic features of this structure. Mr. Matthew Marlin. address on file stated he has been with The Music Room since he was four (4) years old and that often times they don't have enough space and he would like to have more space. Mr. Eric Marlin. address on file stated he was with The Music Room for nine (9) years and he believes it is one of the most incredible organizations that Orange has to offer. It brings arts into the lives of children. He attends private school and has friends that attend public schools and need this type of facility to pursue the arts. He said the parking problems would be caused by future tenants and not by The Music Room. Mr. Louis Marlin. address on file stated he was the parent of Matthew and Eric Marlin. He is a member of the Board of Directors of The Music Room. They previously resided in Orange and now reside in Tustin. He and Mrs. Marlin found The Music Room quite by accident while driving through Orange. Since that time The Music Room has become an integral part of their lives. He thinks a city is made up of what is in the city---not just buildings. The Music Room says something very special about the City of Orange. The people have supported it for twenty (20) years and he hopes they will continue to support it. He commented about the parking saying having been going there for nine (9) years he has never seen more then ten (10) cars there at one time. Parents do not stay and watch the classes. As an attorney he understands the processes to be used by the City to determine the number of spaces required. He wanted to reiterate all performances are done off site so there are no more then ten (10) cars parked there at one time. He urged approval of the application. Mr. Hans Van Lighten. address on file stated he was also a parent of two children enrolled in The Music Room and at one time has had four (4) children enrolled at one time. He therefore considered himself an expert on the parking issues and commented that he would echo the sentiments ofMr. Marlin. Mr. Van Lighten has been a resident of Page 8 Planning Commission Minutes July, 6, 2005 Orange for eleven (11) years and believes The Music Room is an asset to the community. The noise doesn't exit the building, there are no deliveries and the parents don't stay and watch the students. He understands the concerns cited by the residents relative to parking and believes the parking analysis overstates the requirements. Chair Bonina stated if there were a delivery component to the business of new tenants moving in, Staff would have the opportunity to review that impact to the site. The applicant acknowledged this was a correct statement. Mr. Ely stated if there were a full build out of retail tenants, which would not require a Conditional Use Permit, the parking requirement would be approximately 66 spaces. He believes this is therefore the best use for the building because the parking use is during non-peak hours and the numbers of spaces are substantially les than what is stated in the Staff Report. The public hearing was closed. Chair Bonina commented that it was encouraging to see development to the west side and it was further encouraging to have this building rehabilitated. Commissioner Enderby concurred with the comments made by Chair Bonina and added the applicant is providing something very positive for the community. Commissioner Imboden concurred with most of the comments made by other Commissioners. He added he thought this project was a very good, adaptive reuse of this building. He complimented the intent to maintain and preserve a historic building that doesn't have the same protections as many of the other structures in the community. He believed the applicant was receptive to some restrictions in order to enable the project to move forward. In terms of the parking he stated he could appreciate the concern expressed by Ms. Jakel although he believes the design for this particular application does not promote parents to stay at the facility. Further, Commissioner Imboden stated that Mr. Ricci is responsive to issues within the community. Commissioner Imboden added he had faith that any concerns brought to Mr. Ricci would be addressed as he is vested and invested in the community. Chair Bonina recognized Staff for doing a great review relative to the parking issue because it is un-chartered waters and they pulled together the necessary information and performed the required analysis. Commissioner Enderby moved to approve Conditional Use Permit No. 2537-05 and Administrative Adjustment No. 05-89 - The Music Room (Albert and Mary Ricci). Chair Bonina added this project is categorically exempt from CEQA. Page 9 Planning Commission Minutes SECOND: AYES: NOES: ABSENT: ABSTAIN: Commissioner Bonina Commissioners Bonina, Enderby, Imboden None Commissioner Pruett None July, 6, 2005 MOTION CARRIED Chair Bonina made a motion to adjourn to the next regular meeting on Monday, July 18, 2005. SECOND: AYES: NOES: ABSENT: ABSTAIN: Commissioner Bonina Commissioners Bonina, Enderby, and Imboden None Commissioner Pruett None MOTION CARRIED MEETING ADJOURNED @ 8:10 p.m. Page 10