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2003 - November 17 APPROVED MINUTES November 1 7, 2003 Monday - 7:00 p.m. Planning Commission City of Orange PRESENT: ABSENT: PRESENT: INRE: INRE: Commissioners Bonina, Brandman, Domer, Pruett and Smith None Leslie Aranda Roseberry, Planning Manager/Secretary Gary Sheatz, Assistant City Attorney Roger Hohnbaum, Assistant City Engineer Jerre Wegner, Recording Secretary PUBLIC PARTICIPATION: None ITEMS TO BE CONTINUED OR WITHDRAWN: (6) CONDITIONAL USER PERMIT 2469 -03 - RED ROBIN RESTAURANT A proposal to amend an existing Conditional Use Permit (CUP) No. 1733-89 to allow the serving of alcoholic beverages in the outdoor patio dining area of an existing restaurant. Subject is located at 2199 orange mall, within The Village at Orange shopping center. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15301, (Class 1, Existing Facilities). Ms. Roseberry indicated the applicant had submitted a letter requesting continuance of the item. MOTION Moved by Commissioner Bonina to continue this item until the next meeting on December 1, 2003, seconded by Commissioner Domer. AYES: NOES: ABSTAIN: ABSENT: INRE: Commissioners Bonina, Brandman, Domer, Pruett and Smith None None None MOTION CARRIED CONSENT CALENDAR: 1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF OCTOBER 6, 2003 (CONTINUED FROM NOVEMBER 3, 2003), OCTOBER 13, 2003 AND OCTOBER 20, 2003. Mr. Mel Vernon, 2301 Hoover, asked to speak to the issue of the minutes, expressing his concern that the finalized minutes did not incorporate the public comments or the actual proceedings of the meeting (he referenced a draft of the minutes which was considerably longer than the final version). Ms. Alice Angus spoke, on behalf of the Community Development Department, and explained the process for making the meeting minutes concise and of value to 1\PPROVED November 17,2003 Planning Commission the City Council. She suggests that staff review the minutes regarding the public comments and return them at the next meeting. Chairman Pruett suggested a continuance of all the minutes (October 6, October 13 and October 20, 2003) until the next meeting (December 1, 2003). He also suggested that the commissioners vote on each of the minutes individually in case there were other issues. There was no additional comment on this issue. MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to continue the minutes of October 6, 2003 to next meeting of December 1, 2003. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Pruett Smith None Commissioner Domer None MOTION CARRIED Moved by Commissioner Brandman and seconded by Commissioner Smith to continue the minutes of October 13,2003 (already continued from November 3, 2003) to the next meeting of December 1,2003. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Pruett Smith None Commissioner Domer None MOTION CARRIED Moved by Commissioner Brandman and seconded by Commissioner Smith to continue the minutes of October 20,2003 to next meeting of December 1,2003. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Smith None Commissioner Pruett None MOTION CARRIED IN RE: CONTINUED HEARINGS: (2) GENERAL PLAN AMENDMENT NO. 2002-004, ZONE CHANGE NO. 1217-02, ENVIRONMENTAL IMP ACT REPORT NO.1712, AND MAJOR SITE PLAN REVIEW NO. 258-02 - BRE PROPERTIES. A request to develop a 460-unit luxury apartment complex on the II.52-acre former Cinedome movie theater site. The proposed development includes 256 one-bedroom apartments and 204 two-bedroom apartments ranging in size from 600 square feet to 1,050 square feet. The complex includes a clubhouse with leasing and management offices, an activity room with a fully 2 APPROVED Planning Commission November 17, 2003 equipped kitchen, business center, fitness center, and media room/theater, two pools, and landscaped open space areas. The site plan also incorporates two access points to the adjacent Santa Ana River Trail. The complex would consist of 338 apartments within a four-story building fronting Chapman Avenue. These units would be "wrapped" around a 602-space five- level parking structure. The remaining 122 apartgJ.ents would be three-story "walk-up" units served by individual garages, carports, and surface parking. Approval of a text amendment to the General Plan is requested to allow high-density residential development in the General Commercial General Plan land use district. Approval of a Zone Change from Limited Business (C-l) to Planned Community Specific Plan (PC (SP)) is requested to allow a multi-family residential development on the site with development standards appropriate to accommodate the proposed project. This item was continued from the October 6, 2003 meeting. NOTE: Environmental Impact Report No. 1710-02 was prepared for the project in accordance with the California Environmental Quality Act. The Planning Commission conducted a public hearing for the proposed project on October 20, 2003. Based on Commissioner comments and public testimony, the Commission continued consideration of the application to this meeting (November 17, 2003), and requested further information from staff on the issues detailed below. The Planning Commission additionally requested a presentation from the applicant on the project architecture and area traffic conditions. City Principal Planner, Anna Pehoushek presented the item. Kent Marshall, Applicant, Development Director, BRE Properties, and Terry Austin, Traffic Study consultant responded to questions as follows: . Clarification of the requested changes to land use designations Approval of a General Plan Amendment and Zone Change are needed for project implementation. The current General Plan and zoning designations do not allow multi-family residential uses. The proposed General Plan Amendment would amend the text of the Land Use Element and the Floor Area Ratio (FAR) to establish a new Overlay District H, allowing a maximum FAR of 2.5 and high-density residential development at a density of 25 to 60 dwelling units per acre on the project site, from the current General Plan of 0.5 FAR. The Zone Change requested involves re-zoning of the site from Limited Business (C-l) to Planned Community- Specific Plan (PC-SP). This assures the quality and character of the development should the project ultimately be built by someone other than the applicant. . Assessment of traffic conditions associated with the site comparing a residential to a commercial development scenario. Residential development on the proposed site would generate far fewer peak hour trips than if the site was used for commercial purposes, with the most significant difference occurring during the PM peak period. . Consideration of stadium-related traffic in the traffic analysis Game day traffic impacts generated by Edison Field were not evaluated in the traffic assessment for the proposed project because of the seasonal, intermittent, and off-peak nature of much of this traffic. The impacts of activities at Edison Field, and the opportunity for public input on those impacts, would be addressed during any environmental review process conducted by the City of Anaheim. 3 Planning Commission APPROVED November 17,2003 . Possibility for targeting of park in-lieu fees in West Orange The City's park in-lieu fees would not be specifically earmarked for use in West Orange, although, it is conceivable that at least a portion of them would be utilized at El Camino Park. . Implications of incorporating affordable housing units into the proj ect design The applicant indicated that the incorporation of affordable housing into the proposed project would render the project infeasible for their company to develop. Commissioner Bonina stated that he believes the Planning Commission should definitely take some sort of a position on affordable housing as new projects are brought to the commission. Discussion took place by all commission members regarding how the City of Orange currently handles affordable housing. Commissioner Smith stated she was concerned that this is a planned high-end project with very few services, resulting in a highly underutilized use of the land. She would also like to see the City Council address affordable housing as it relates to this project. Chair Pruett stated that the Planning Commission's role was to address issues as they affected zoning and land use, and that any recommendation going forward on affordable housing should be addressed to the City Council for their recommendation and action. . Age restriction on units The proposed units would not be age restricted. The project's design (urbanized character of the project vicinity, surrounding land uses and employment node, freeways and amenities, as well as market studies conducted by the applicant) indicates that the project would attract younger urban professionals who would be less likely to be seeking family-oriented housing. . Review of the School District's position on the project In January 2003, the School District submitted a comment letter in response to the Notice of Preparation (NOP) and the Draft Environmental Impact Report (DEIR). The letter indicated that implementation of the proposed project, in conjunction with other foreseeable projects, would have a cumulative impact on school facilities. The School District did not submit any comments on the DEIR. The Final Environmental Impact Report acknowledges that the project would have a potentially significant impact on schools, which would be mitigated by the payment of development impact fees to the School District (Government Code Section 65995), and payment of said fees is considered full and complete mitigation for all potential impacts to schools, and prohibits the School District or any other governmental entity from imposing any additional school impact mitigation on new development. . Consideration of the availability of residential support services The nearest full-service grocery stores are located at a minimum of one mile from the proposed site. Additionally, the West Chapman commercial corridor is comprised of a variety of neighborhood-serving commercial uses. The site is also in close proximity to The Block, and there are commercial recreation activities within approximately one-half mile from the site. There is also a full-service hospital (DCI Medical Center) in the immediate project vicinity. The convenience of these goods and services to the proposed project area is comparable to other Orange neighborhoods. Both the applicant and the Economic Development Department investigated the possibility of incorporate retail uses into the project, and concluded that it was 4 Planning Commission APPROVED November 17, 2003 not the optimal location for a mixed-use project, given it's location and the lack of a critical mass of people living in the immediate vicinity to patronize the retail uses. . Status report on the purchase of the Caltrans parcel Applicant is still working with Caltrans and OCT A re: acquisition of the Caltrans parcel. The property has been appraised and Caltrans and aCTA are assembling a purchase offer for the applicant's consideration. (The proposed specific plan includes a preferred site plan incorporating the Caltrans parcel, and an alternative site plan that excludes the parcel, to allow the City to act on the application without complete resolution of this real estate transaction.) . Exploration of alternatives to water heaters to accommodate additional storage Alternative methods of providing hot water to the units (such as "on demand" hot water systems) have been explored by staff with the applicant. High installation and maintenance costs do not make them practical for use in high-density multi-family residential situations such as the proposed usage. Applicant indicated that "on demand" systems are most commonly utilized for single-family residence installations. . Verification of Americans with Disability Act (ADA) compliance of units. The applicant stated that they would be subject to compliance with all provision of the Fair Housing Act, as well as all aspects of the Uniform Building Code pertaining to ADA compliance. These issues would be addressed during the plan check process and the routine management ofthe complex, respectively. Further Discussion: . Commissioner Brandman asked the applicant how "hands on" BRE stays with a project, and how does BRE manage their properties? And what are the requirements that the City will put forth to ensure proper maintenance of this project? Commissioner Pruett stated that these questions are better directed to staff, and not project directors. . Chair Pruett wanted clarification on combination of garages and carports. The applicant stated that the intent was to appear as a closed parking, high-end project. The proposed project has a combination of garages and carports. . Commissioner Smith discussed concerns about a lack of green space in the project. Rick Pollan, from SideScape (the architect of the landscaping) explained that, in fact, this particular project had significantly more green space than was required, and he was quite pleased with the overall design. He also discussed the current front-of-property setback area, and stated that the proposed distance is ten feet and on 1/2 of the frontage there would be a fence. . The applicant, when queried by Commissioner Smith, stated that the easement trail that runs along the Santa Ana River is of a dual purpose design to accommodate very large maintenance vehicles for the property. . Chair Pruett discussed the fact that the public hearing was closed at the last meeting (which was held on October 20,2003 on this issue). He questioned the city attorney as to whether he felt that there had been considerable new information that would suggest the need to re-open the public discussion. The city attorney stated that it was at Chairman Pruett's discretion, and it was decided that since there were not significant numbers of people who requested to speak, that it would be fair to re- open the discussion for their participation. 5 Planning Commission APPROVED November 17, 2003 Chairman Pruett suggested a motion to adjourn for a 10-minute recess at 9:20 p.m. MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to adjourn the meeting for a 10 minute recess. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Pruett, Smith None None None MOTION CARRIED Recess for 10 minutes. IN RE: Reconvene the meeting. MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to reconvene the meeting at 9:30 p.m. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Pruett, Smith None None None MOTION CARRIED The following people spoke: Kimberly Bottomley, 1005 Arbor Way Lois Barke, 2022 W. Orange Margarita Fleckner, 300 N. Rampart Street, #163 John Baker, 1051 Arbor Way Kelly Ann Nulph, 300 N. rampart Street, #155 Rudolf d' Ablaing, 336 E. La Veta Avenue The public spoke to the lack of grocery stores and retail establishments in the area, and questioned the re-zoning of the parcel for just housing. There was also concern over additional vehicles on Rampart & Chapman. The residents were reminded of the study which indicated that the re-zoning from commercial to residential would result in less, not more, traffic to those streets. The applicant was asked back to speak to the issue of whether or not the property was III compliance with the Americans with Disabilities Act -- and he stated that all ground floor units were in compliance to ADA. He also stressed that BRE was going to build, own and operate the units, and that the strategic plan was for the long-term satisfactory operation of these units. Chairman Pruett asked the applicant to state the size of the proposed clubhouse (the answer was 6 Planning Commission APPROVED November 17, 2003 8,523 square feet). Chairman Pruett asked for clarification of page 2-45 re: Open Space -- stating that it doesn't really define what is the common area. Commissioner Domer stated that overall the project is great in terms of looks. He understands the traffic concerns, but also states that over time, the traffic would increase even without any new development. His general concern is the lack of affordable housing. Commissioner Bonina believes that the commission should definitely take some sort of a position on affordable housing. It's something that the City Council will hopefully consider. He believes the proposed BRE project is a beautiful project, and well designed. He believes, however, in terms of land use, it doesn't cut it. He states that the site is visible by 500,000 cars daily. It needs a component of retail. There are over 1200 residents in the mobile home project that need services. He believes the commission is being very shortsighted on this project. Commissioner Brandman reiterated her concerns about the traffic, and believes the commission should send forth a strict traffic guideline to the City Council. She stated her concerns for the impact on the school district, the lack of parks, the limited retail services, and the effect of this project on an already overtaxed retail service area. Commissioner Smith stated her concerns that this is planned as a high-end project in an area where there are already very few services. She also stated that the proposed project high underutilizes the land. The parcel is landlocked. And she sees this project as a "first in" project. Chairman Pruett asked the commission to bear in mind what is the providence of the Planning Commission. The traffic issue has been addressed and mitigated. He would not be opposed to closing off the north egresslingress to traffic. He would like to see the project go through with the easement open. He also made the point that services (stores, gas stations, etc.) don't "lead", they "follow" -- and as new developments such as this are built, if there is a need, then these retail establishments will want to be there. Commissioner Domer recommended a motion that to adopt the resolution PC4l-03 and EIR 1710-02 with a 15% affordable housing requirement. There was no second. Chair Pruett motioned to approve the project with an added requirement of additional vehicle recharge stations. There was no second to the motion. Chairman Pruett stated that the commission could do one of the three following things: (1) Approve, as is, with one or more modifications (2) Deny the project (3) Take action to continue & ask the applicant to make modifications. Commissioner Brandman stated that she was prepared to move this project forward, and that she felt the City Council should be given all the details. MOTION Moved by Commissioner Domer to deny the GENERAL PLAN AMENDMENT NO. 2002-004, ZONE CHANGE NO. 1217-02, ENVIRONMENTAL IMPACT REPORT NO.1712, AND MAJOR SITE PLAN REVIEW NO. 258-02 - BRE PROPERTY plan for lack of affordable housing, inconsistency with General Plan housing goals and lack of commercial development, seconded by Commissioner Bonina. 7 Planning Commission APPROVED November 17, 2003 AYES NOES ABSTAIN ABSENT Commissioners Bonina and Domer Commissioners Brandman, Pruett and Smith None None MOTION DENIED Chairman Pruett said he opposed this motion to deny because he felt it reflects negatively on the Commission to the City Council. Commissioner Bonina stated that the Planning Commission is an independent body and not influenced by the City Council. MOTION Moved by Commissioner Pruett to approve the GENERAL PLAN AMENDMENT NO. 2002- 004, ZONE CHANGE NO. 1217-02, ENVIRONMENTAL IMPACT REPORT NO.1712, AND MAJOR SITE PLAN REVIEW NO. 258-02 - BRE PROPERTY, seconded by Commissioner Brandman. AYES NOES ABSTAIN ABSENT Commissioners Brandman, Pruett, and Smith Commissioners Bonina and Domer None None MOTION CARRIED IN RE: NEW HEARINGS: (3) CONDITIONAL USE PERMIT 2454-03 - SPRINT PCS A proposal to mount a total of six panel antennas on an existing SCE electrical transmission tower, add a 11'-0" by 23' -0" equipment room (a total of 253 sq. f1. in area) northwest of the tower, add associated radio equipment inside the enclosure, and install new underground electrical and telephone utilities from the equipment to the public utilities point of service (antenna). The total height of the wireless communication antennas will be 65' -0" attached to the 150' -0" SCE, electrical transmission tower. NOTE: This project is categorically exempt from the provISIOns of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1, Existing Facilities), 15303 (Class 3 - New Construction or Conversion of Small Structures), and 15311 (Class 11 - Accessory Structures). Commissioners Smith and Brandman each state that they have a conflict of interest on the item and recuse themselves, leaving the dais. Planning Manager Leslie Roseberry presented the item to the Commission and responded to questions. Commissioner Pruett opened the hearing to public comments: The first speaker was representative from SPRINT, Orest Dolyniuk, 132 N. Maryland Avenue, Glendale 91206. The following residents spoke for approval of the conditional use permit: 8 APPROVED November 17,2003 Planning Commission (1) Harriet Thomas, 3603 Copper Kettle Way (2) Larry Thomas, 3603 Copper Kettle Way MOTION Moved by Commissioner Domer to Adopt Resolution No. 45-03 recommending approval of Conditional Use Permit 2467-03, seconded by Commissioner Bonina. AYES: NOES: ABSTAINED: ABSENT: Commissioners Bonina, Domer and Pruett None Commissioners Brandman and Smith None MOTION CARRIED (4) CONDITIONAL USER PERMIT 2455-03 - CINGULAR WIRELESS A proposal to mount a total of three sector antennas (four antennas per sector) on an existing SCE electrical transmission tower which exceeds 150'-0" in height, add a 12'-0" by 18'-0" equipment room (a total of 216 sq. ft. in area) underneath the tower, add associated radio equipment inside the enclosure, and install new underground electrical and telephone utilities from the equipment to the public utilities point of service (antenna). The total height of the wireless communication antennas will be 65' -0". NOTE: This project is categorically exempt from the provIsIOns of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, (Class 1, Existing Facilities), 15303 (Class 3 - New Construction or Conversion of Small Structures), and 15311 (Class 11 - Accessory Structures). Planning Manager Leslie Roseberry presented the item to the Commission and responded to questions. MOTION Moved by Commissioner Bonina to Adopt Resolution No. 45-03, recommending approval of Conditional Use Permit 2467-03, seconded by Commissioner Domer. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Domer and Pruett None Commissioners Brandman and Smith None MOTION CARRIED (5) CONDITIONAL USE PERMIT 2468-03 - LA CABANA RESTAURANT A proposal to amend an existing Conditional Use Permit (CUP) No. 2200-97 in order to allow live entertainment (a trio and/or a mariachi band) in conjunction with an existing bona fide restaurant that sells alcoholic beverages (ABC License Type 47 - On-Sale General Eating Place) at 3063 West Chapman Avenue. Note: This project is categorically exempt from the provisions of the California environmental Quality Act (CEQA), per CEQA Guidelines Section 15301, (Class 1, Existing Facilities). 9 APPROVED November 17, 2003 Planning Commission *No representative from La Cabana restaurant was in attendance at Planning Commission meeting. This item is carried over until next meeting on December 1, 2003. MOTION Moved by Commissioner Bonina to continue this item until the Planning Commission meeting of January 5,2004, seconded by Commissioner Domer. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Pruett, and Smith None None None MOTION CARRIED Moved by Commissioner Brandman to adjourn the meeting, seconded by Commissioner Smith. AYES: NOES: ABSTAIN: ABSENT: 11 :45pm Commissioners Bonina, Brandman, Domer, Pruett and Smith None None None MOTION CARRIED Meeting adjourned to the next regular meeting on December 1, 2003. 10