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2003 - July 21 MINUTES C'/ootJ. 6-j.~ APPROVED Planning Commission City of Orange July 21, 2003 Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: INRE: INRE: INRE: Commissioners Bonina, Brandman, Pruett Commissioner Smith Jim Reichert, Acting Planning Manager/Secretary Gary Sheatz, Assistant City Attorney Roger Hohnbaum, Assistant City Engineer Sharon Penltila, Recording Secretary PUBLIC PARTICIPATION: None ITEMS TO BE CONTINUED OR WITHDRAWN: None CONSENT CALENDAR: 1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF MAY 5, 2003; MAY 19, 2003; JUNE 2, 2003; AND JUNE 16, 2003 MOTION Moved by Commissioner Bonina and seconded by Commissioner Pruett to approve the Minutes from the May 5, 2003 meeting. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Pruett None Commissioner Brandman Commissioner Smith MOTION CARRIED MOTION Moved by Commissioner Bonina and seconded by Commissioner Brandman to continue the approval of the Minutes from the May 19, 2003; June 2, 2003; and June 16, 2003 meetings to August 4, 2003. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Pruett None None Commissioner Smith MOTION CARRIED IN RE: CONTINUED HEARINGS: 2. CONDITIONAL USE PERMIT 2444-03 AND VARIANCE 2120-03 - DE ROSA RESIDENCE A request for a Conditional Use Permit to allow a restroom in an existing accessory structure (workshop/garage). Applicant proposes to convert the 240 sq. ft. workshop to a guest bedroom, and keep the existing two-car garage. Property is a non-historic, single-family residence located at 213 N. Cambridge Street within the Old Towne Historic District. The 7,290 sq. ft. lot is zoned RI-6, Single-Family Residential District. This item was continued due to cancellation of the July 7, 2003 meeting. Planning Commission Minutes APPROVED July 21, 2003 NOTE: This project is categorically exempt from the provISIOns of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303 (Class 3 - Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt resolution No. PC 28-03 approving Conditional Use Permit No. 2444-03. Jim Reichert, Acting Planning Manager, introduced the project and explained that the rear yard setback variance originally applied for was determined to be unnecessary. Since there was no public opposition to this project, a full reading of the staff report was waived. The public hearing was opened. Mava De Rosa, 213 N. Cambridge Street. Orange, applicant, stated she had reviewed the conditions and was in agreement with them. The public hearing was closed. Commissioner Bonina received clarification from Gary Sheatz that the state law now no longer requires the property owner to inhabit either the main house structure or the accessory second dwelling unit. Commissioner Brandman was concerned about the potential of this structure becoming a rental unit and inquired if there were any additional parking requirements. Mr. Reichert eXplained that since this was not an accessory second housing unit, there were no additional parking requirements. MOTION Moved by Commissioner Pruett and seconded by Commissioner Bonina to adopt resolution No. 28-03 approving Conditional Use Permit No. 2444-03. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Pruett None None Commissioner Smith MOTION CARRIED 3. VARIANCE 2122-03 - BRYANT RESIDENCE A proposal to add a 299 sq. ft. family room to an existing single-family residence and add a 545 sq. ft. detached 2"d living unit along the northeast side of the property. The variance request is to allow the 2"d living unit with the required additional open parking space located within the front and side yard setbacks at 2925 East Madison Avenue. This item was continued due to cancellation of the July 7, 2003 meeting. NOTE: This project is categorically exempt from the proVISIOns of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt resolution No. PC 26-03 approving Variance 2122-03. 2 Planning Commission Minutes APPROVED July 21, 2003 Mr. Reichert introduced the project. Since there was no public opposition to this project, a full reading of the staff report was waived. The public hearing was opened. Pam Bryant. 2925 E. Madison Avenue. Orange, applicant, eXplained she would like to house her mother in the second unit. Commissioner Bonina was concerned with the number of cars in the cul-de-sac both on the street and in the driveways. Ms. Bryant did not see any future parking problems with the addition of the second unit. Commissioner Brandman was concerned with other property owners building second units and the impact this would have on street parking. Commissioner Pruett stated that there is always a problem with parking on a cul-de-sac but each proposal that comes before the Commission must be looked at based on the merits ofthat particular project. Mario Chavez-Marquez, Assistant Planner, explained that as of July 1, 2003, a state law was passed allowing second living units and this will impact parking everywhere. He stated this variance request is for a parking space within the front yard setback. Commissioner Brandman stated, for the record, that this may be a possible future problem. Commissioner Bonina felt Commissioner Brandman was concerned with setting a precedent not only with this neighborhood but for all residential areas. He wondered if this was going to be a domino effect where others will reference this particular project and wonder why they cannot have it. Mr. Chavez-Marquez stated that staff does look at these projects on a case-by-case basis. Commissioner Bonina asked if there was a side yard setback requirement for a parking stall. Mr. Chavez-Marquez indicated the ordinance only applies to the front yard setback. Mr. Reichert added that the General Plan update might address the second housing unit issue. For the record, Commissioner Brandman stated that this lot is adaptable for creating this mini estate but projects in other areas of the City, which comply with the square footage, will begin to negatively impact the neighborhoods. Commissioner Pruett said that regarding the issue of impact, this was an acceptable proposal. Gary Sheatz was concerned with the use of the word "precedent". The Commission is not establishing a precedent by approving this project. If someone comes in with the same compelling reasons but doesn't have anything unique about the lot, their project will not be recommended for approval. The public hearing was closed. 3 Planning Commission Minutes APPROVED July 21, 2003 MOTION Moved by Commissioner Pruett and seconded by Commissioner Brandman to adopt resolution No. 26-03 approving Variance 2122-03. AYES: NOES: ABSTAIN: ABSENT: INRE: INRE: Commissioners Bonina, Brandman, Pruett None None Commissioner Smith MOTION CARRIED NEW HEARINGS: None ADJOURNMENT: MOTION Moved by Commissioner Pruett and seconded by Commissioner Brandman to adjourn to the next regular Planning Commission meeting on Monday, August 4, 2003 at 6:30 p.m. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Pruett None None Commissioner Smith MOTION CARRIED The meeting adjourned at 7:37 pm. 4