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2003 - December 15 APPROVED MINUTES Planning Commission City of Orange December 15,2003 Monday - 7:00 p.m. PRESENT: ABSENT: PRESENT: INRE: INRE: Commissioners Bonina, Brandman, Domer, Pruett and Smith None Alice Angus, Community Development Director 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Hohnbaum, Assistant City Engineer Jerre Wegner, Recording Secretary PUBLIC PARTICIPATION: None ITEMS TO BE CONTINUED OR WITHDRAWN: (4) DEMOLITION REVIEW FOR THE REPLACEMENT OF THE EAST ANACONDA BUILDING WITH THE CHAPMAN UNIVERSITY SCHOOL OF FILM AND TELEVISION BUILDING; MAJOR SITE PLAN REVIEW NO. 291-03, AND THE DESIGN REVIEW COMMITTEE NO. 3837-03 - CHAPMAN UNIVERSITY SCHOOL OF FILM AND TELEVISION Chapman University asked that this item be continued to the Planning Commission Meeting of January 19, 2003. MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to continue this item to the meeting of January 19,2003. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Pruett, Smith None None None MOTION CARRIED IN RE: CONSENT CALENDAR: 1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF OCTOBER 13, 2003 (CONTINUED FROM NOVEMBER 17, 2003, AND DECEMBER 1, 2003), AND NOVEMBER 17, 2003. MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to approve the Minutes of October 13, 2003, with minor changes. Planning Commission December 15,2003 AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Pruett, Smith None Commissioner Domer None APPROVED MOTION CARRIED MOTION Moved by Commissioner Brandman and seconded by Commissioner Smith to approve the Minutes of November 17,2003, with minor changes. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Pruett, Smith None None None MOTION CARRIED IN RE: CONTINUED HEARINGS: None. INRE: NEW HEARINGS (2) GENERAL PLAN AMENDMENT NO. 2003-06, ZONE CHANGE 1225-03, TENTATIVE TRACT MAP 16601, AND MINOR SITE PLAN REVIEW 318-03 -- SUNCAL COMPANIES -- ORANGE UNIFIED SCHOOL DISTRICT. A proposal to amend the boundary of the Serrano Heights Specific Plan by adding approximately 9 acres for the development of a public park and a 97 dwelling unit residential project. The proposal includes a City Limit boundary adjustment between the City of Orange and the City of Anaheim. NOTE: The environmental impacts of the proposal have been reviewed by an Addendum to Environmental Impact Reports No. 954 and 1305. Commissioner Brandman recused herself from the discussion citing a conflict of interest. Chris Carnes, Senior Planner for the City of Orange Community Development Department presented a staff report. He noted minor changes in wording (requested by the Applicant and Public Works) to Conditions 25, 26, 34,35,37,44,47 and 52. Frank Elfend (Elfend & Associates, 18101 Von Karman Avenue, Suite 1260, Irvine, CA 92612) spoke on the project. He indicated that there were two applicants for the project, the Orange Unified School District (Mr. Mike Christiansen was there on their behalf) and Serrano Heights East (represented by Mr. Ron Freeman). He also introduced several project consultants. He discussed the 97-unit development and the creation of a 3-acre public park, not required by the City, but proposed by the developer (value estimated to be in excess of $1 million). The park project includes three baseball fields and a soccer field overlay in addition to other youth facilities. It was also indicated that an active earthquake fault line was present beneath the park area, and therefore no building would take place on that specific area. The following people requested to speak before the Commission on this item: In Favor: Patty Jordan, 8208 E. Bailey Way, Anaheim Hills, CA 92808 Kelly Adams, 1005 S. Burlwood Drive, Orange 2 Planning Commission . December 15,2003 APPROVED The Commissioners discussed the following points regarding the project: . Who was responsible for the costs for the conversion of the 3-way to 4-way signal associated with the project? The developer responded that they were. . Had the City Attorney's office reviewed the liability associated with the sloped (and not developed) area of the project? Mr. Gary Sheatz (Assistant City Attorney) stated that he believed the City Attorney's office had reviewed it and they were comfortable with it. . There was concern regarding the park site and who would maintain it and manage it. Because of the park's proximity to the boundaries of both the cities of Orange and Anaheim, and the applicant's disclosure that they were in talks with the City of Anaheim to manage the property, there was concern that the residents of the City of Orange be allowed to use the property in an "equal access" manner. . Because the approval of the park (located partially within the City of Anaheim) was contingent upon approval by the City of Orange, the Commissioners would like the City Council to know the Planning Commission's concerns regarding "equal access" by the residents of the City of Orange. . The Commissioners wanted to ensure that the park be completed by the time the first residents moved into the project, as there was no definitive time indicated by the developer's proposal for completion of the passive park (3.18 acres). MOTION Moved by Commissioner Bonina and seconded by Commissioner Smith to: Adopt Resolution No. 50-03 recommending to the City Council the approval of General Plan Amendment No. 2003-06; and Adopt Resolution No. 51-03 recommending to the City council the approval of Zone Change 1225- 03; and Adopt Resolution No. 52-03 recommending to the City Council the approval of Tentative Tract map 16601 and Minor Site Plan Review 318-03. Included in that Planning Commission Resolution are the Conditions of Approval 1-68 and the acknowledgement that there were no additional environmental impacts found. Additionally, Commissioner Bonina moved that the completion of the passive 3.18-acre park be tied to the move-in of the first occupant of the development; Commissioner Smith seconded this. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Domer, Pruett, Smith. None. Commissioner Brandman None MOTION CARRIED MINUTE ORDER Commissioner Pruett called the City Council's attention to the issue that the ball fields are located in the City of Anaheim, and the Orange Unified School District is in negotiations with the City of Anaheim regarding the maintenance and scheduling of these facilities. The Commissioners are concerned that the citizens of Orange, who are adjacent to these ball fields, may not receive the opportunity to use the ball 3 APPROVEP Planning Commission December 15,2003 fields, and that priority may be given to the residents of the City of Anaheim. The Commission would like to ensure that the citizens of the City of Orange be given equal access to these facilities. (3) CONDITIONAL USE PERMIT NO. 2461-03, NO. 2462-03, NO. 2463-03, MAJOR SITE PLAN REVIEW NO. 297-03, NO. 298-03, NO. 299-03, AND NO. 300-03, AND A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ORANGE AND THE MILLS CORPORATIONS. A proposal to expand The Block at Orange by the construction of two hotels, a 500 dwelling unit apartment complex, and 120,000 sq. ft. of commercial space. NOTE: The environmental impacts of the proposal have been reviewed by a Draft Environmental Impact Report No. 1721-03. Senior Planner Chris Carnes presented the staff report. He stated that the applicant is presently proposing only a specific proposal for the parking structure located directly west of the AMC Theater in order to construct the parking structure next year. The parking displaced by the construction of the apartment complex will be provided by the new parking structure. The second specific project is the 500 unit apartment buildings in the mixed-use development. He also stated that when The Block at Orange was originally built, the City of Orange approved a shared parking agreement between the commercial uses of The Block and the office structure located to the southwest. There was an arrangement between the two properties (Equity Properties and The Block). It was found that peak parking demand (10:00 p.m. on Saturday night) exceeded available space by 875 spaces. He also noted that the developer would pay for traffic mitigation fees in the amount of $1,050,000 paid to the City of Orange in three stages based on the development of the various components of the project. Elizabeth A. Link (Group Vice President, Predevelopment, The Mills Corporation, 824 St. Louis Street, Edwardsville, Illinois 62025), the applicant, gave a presentation on the project. She noted that the Shared Parking Analysis, which was originally done at the outset of the building of The Block, was done during daylight hours, and there has been no problem to date in this arrangement. The problem occurs during peak Saturday night hours, noting that the theaters at The Block consistently rank in the Top 5 of all U.S. theaters each week. She stated that "residential on top of commercial property building" (as is being proposed in this project) has become a most popular idea in recent years. She also noted the current negative impact on the City Drive with access to The Block, and the proposed direct access planned from the 22 Freeway to improve this. Additionally she noted the pedestrian access being proposed for the project to ensure the area residents as well as the office building occupants have safe access to The Block. Jan Van Tilbert, designer of the project (225 Arizona Avenue, Santa Monica, CA) explained the development's design as an "urban village." He explained that the parking was planned as one level below grade to two levels above. The following people asked to speak to the Commission on this issue: Mr. John Baker, 1051 Arbor Way, Orange - Opposed Mr. Mark Valentine, Equity Office Properties, 333 City Boulevard West, Orange - Opposed Mr. Valentine mentioned that his firm had delivered a Letter of Opposition to the City of Orange, expressing their concern for a number of issues, including the current Land Use Restrictions, which prohibit the development of residential buildings at The Block. There was discussion by the Commissioners with Mr. Valentine regarding clarification of the private Reciprocal Parking Agreement between Equity Office Properties and The Mills Corporation (owner of The 4 APPROVED. Planning Commission December 15,2003 Block at Orange). Mr. Valentine expressed concern that Equity Office Property would lose the use of parking spaces that are currently being used by his building's occupants to the area that is now being proposed as development of an apartment structure. Commissioner Pruett reminded the Commission that the disagreement between The Mills Corporation and Equity Office Properties was a private matter, and this issue was not before the Planning Commission. Commissioner Pruett asked staff to address several issues that were brought up during the public comments, one of which is the impact on the schools. Mr. Carnes explained the increased demand for schools, found during the Environmental Impact Report, is mitigated by the payments of fees by the developer. The applicant has opted to pay the required $2,850 per unit to provide affordable housing units. There was additional discussion regarding the building of a grocery store on the project. Ms. Link noted that they had approached the top three grocery store chains to lease space in the project, but all stated that currently there was not the appropriate demographics to sustain the store. The applicant believes that once the residential apartments are built this will change, and they will again try to sign a major grocery store to this property. The applicant also stated that she needed the approval of Equity Office Properties before she proceeded in addition to approval by the City of Orange. She confirmed to Commissioner Brandman that she would not begin building of the apartment complex without Equity Office Properties' approval. The Commissioners continued discussion with the applicant on matters regarding landscaping, and the view to the current residents in the area. It was noted by the applicant that the office property occupants currently see the back side of the AMC Theaters, and under the new development would see a much nicer landscaped area around the proposed parking structure. Commissioner Brandman questioned the applicant regarding what the residential occupant mix would be in the new apartment development. The applicant responded that they did not anticipate a lot of children in the development, and they were marketing primarily to young professionals who would be working in the area and utilizing the commercial facilities at The Block. Commissioner Bonina asked the applicant for further clarification on the West Orange Circulation Study and the proposed commercial square footage being proposed by the applicant. The applicant explained that even though the building square footage is larger, the impact on traffic is actually less than what they originally anticipated for The Block area. Ms. Link, the applicant, further went on to explain the limited-service hotel being proposed for the project. She gave examples of the types of hotels they typically deal with, including the Marriott Suites. She noted that The Mills was asked by the City of Orange not to build an extended stay hotel on this property, and they are complying with that request. Commissioner Domer asked for clarification on the possible noise impacts from The Block on the neighboring Terrace Apartment. Dwayne Mears, of The Planning Center (a consultant to the applicant) said that they did analyze both the traffic noise as well as the noise generated by pedestrians in The Block. The analysis indicated an insignificant noise impact. Chairman Pruett asked for further clarification by staff of the estimated parking shortage within The Block. Mr. Carnes said the current proposal before the Commission provides for and meets the requirements for the new development. The public hearing was closed at 11: 15pm. The Commissioners expressed concern for the density of the project's proposed apartment units, but also noted the newer "urban design" element of the site. They expressed their hope that The Mills and Equity Office Properties could reach a mutually beneficial agreement on their areas of disagreement and that the project would bring further economic dollars into the 5 APPROVEfJ Planning Commission December 15,2003 City. Commissioner Smith emphasized her concern for the density of the project (without a grocery store component), as well as the issues regarding lack of available parking. She referred to the Shared Parking Analysis stating the lack of space for 900 cars, and while she did believe that the project was excellent, she did not believe that the residential portion had enough amenities to support it and would therefore vote no on that portion of the project. Chairman Pruett stated that the California Association of Governments has encouraged smart growth over the last several years, and a commercial center such as this was an attractive approach to housing, and was much needed in the community and would meet the needs of a specific sector of the community. MOTION Moved by Chairman Pruett to approve Resolution 54-03 recommending to the City Council certification of Draft Environmental Impact Report No. 1721-03, seconded by Commissioner Bonina. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Pruett Commissioner Smith None None MOTION CARRIED Moved by Chairman Pruett to approve Resolution No. 55-03 recommending to the City Council approval of Conditional Use Permit No. 2463-03 and Major Site Plan Review No. 297-03, including the revision recommended by staff to Condition Nos. 33 and 34; Commissioner Brandman seconded the motion. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Pruett Commissioner Smith None None MOTION CARRIED Chairman Pruett moved to approved Resolution No. 56-03 recommending to the City Council approval of Conditional Use Permit No. 2462-03. Commissioner Brandman seconded the motion. Commissioner Smith noted the misspelling of Metropolitan Drive on the resolution, and suggested inserting the word "room" after "to allow 175 hotels". AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Smith, Pruett None None None MOTION CARRIED Chairman Pruett moved to approve Resolution No. 57-03 recommending to the City Council approval of Conditional Use Permit No. 2463-03. Commissioner Brandman seconded the motion. Commissioner Smith noted the same typos on this Resolution and C.U.P. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Smith, Pruett None None None MOTION CARRIED 6 APPROVED Planning Commission December 15,2003 MOTION Chairman Pruett moved to approve Resolution No. 58-03 recommending to the City Council approval of Major Site Plan Review No. 2463-03. Commissioner Brandman seconded the motion. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Pruett Commissioner Smith None None MOTION CARRIED Chairman Pruett moved to approve Resolution No. 59-03 recommending to the City Council approval of the Development Agreement by and between the City of Orange and the Orange City Mills limited partnership. This includes the suggested staff revisions to Condition Nos. 34 and 35. Commissioner Brandman seconded the motion. AYES: NOES: ABSTAIN: ABSENT: MOTION Commissioners Bonina, Brandman, Domer, Smith, Pruett None None None MOTION CARRIED Chairman Pruett moved to adjourn to the next regularly scheduled Planning Commission meeting of January 5, 2004. Commissioner Bonina seconded the motion. AYES: NOES: ABSTAIN: ABSENT: Commissioners Bonina, Brandman, Domer, Smith, Pruett None None None MOTION CARRIED The meeting was adjourned at 11 :35 p.rn. 7