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2002 - March 18 C,f5tJ tJ . G.'?' .3 \1\ 1),r( APPROVED Planning Commission City of Orange PRESENT: ABSENT: STAFF PRESENT: March 18. 2002 Monday - 7:00 p.m. Commissioners Bonina, Brandman, Pruett, Romero, Smith None Karen Sully, Planning Manager, Gary Sheatz, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer Matthew Bassi, Senior Planner Madeline Russell, Recording Secretary ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON FOR 2002: MOTION Moved by Commissioner Brandman, seconded by Commissioner Bonina to re-elect Teresa Smith as Chairperson City of Orange Planning Commission for 2002. AYES: ABSTAIN: NOES: Commissioners Bonina, Brandman, Pruett, Romero None Smith MOTION CARRIED MOTION Moved by Commissioner Brandman, seconded by Commissioner Romero to re-elect Ben Pruett as Vice- Chairperson City of Orange Planning Commission for 2002. AYES: ABSTAIN: NOES: INRE: INRE: INRE: 1. Commissioners Bonina, Brandman, Romero, Smith None Pruett MOTION CARRIED PUBLIC PARTICIPATION: - None ITEMS TO BE CONTINUED OR WITHDRAWN: - None CONSENT CALENDAR: APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF MARCH 4, 2002. MOTION Moved by Commissioner Romero, seconded by Commissioner Bonina to approve the Minutes of the March 4, 2002 meeting with two corrections: I) item #3, change "bear" to "beer; 2) second paragraph, where Commissioner Pruett asked "how would anyone know that these beer and wine is for sale?" change "these" to "the". AYES: ABSTAIN: NOES: Commissioners Bonina, Brandman, Pruett, Romero Smith None MOTION CARRIED Planning Commission Minutes APPROVED March 18, 2002 INRE: CONTINUED HEARINGS: - None INRE: NEW HEARINGS: 2. CONDITIONAL USE PERMIT 2394-01 to allow development of a two-story building addition totaling 3,990 square feet, and the establishment of a private, special education school for 108 children at the Orange Community of Christ church. The subject site is zoned R-3 (Residential Multiple Development). The site is located at 395 South Tustin Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines, Section 15305 (Class I - Existing Facilities). RECOMMENDED ACTION: Adopt Resolution No. PC 04-02 approving Conditional Use Permit 2394-0 I. Commissioner Bonina asked to be recused from discussion and voting on this project. Karen Sully presented the proposal and asked for the following corrections/amendments to the proposal: I) change the number of children at the school, throughout the report and draft resolution, from 85 to 108 students; this modification doesn't change the number of classrooms nor does it affect the parking requirement; 2) modify the site plan to reflect addition of an elevator. on page 2-16, in the upper right comer of "the existing one-story stucco building" and on page 2-17, adjacent to the 5 x 5 utility closet. The associated suggested condition of approval will read, "prior to the issuance of the permits for the proposed 3,990 square feet building addition, the Director of Community Development, or her designee, shall review and approve the location and building elevations for the proposed elevator shaft to insure compliance with setback standards and architectural continuity". The requirement for the elevator is an ADA, American Disabilities Act, requirement and for the size of the second floor addition. Ms. Sully also conveyed that earlier today, the Planning Commission received a letter from a neighboring user, the HealthBridge Children's Rehabilitation Hospital, requesting continuance of this item. However, since receipt of this letter, the applicant and neighboring user, the hospital, have met and resolved any outstanding issues with regard to parking, The secondary letter received at 5:30 p.m. today, addressed to the Commission, essentially retracts the earlier letter and indicates that both parties have reached a mutual agreement with regard to parking, Both letters are part ofthe public record. Ms. Sully indicated that Matthew Bassi, Senior Planner, would review further details of the Staff Report. Mr. Bassi reviewed the Planning Commission Staff Report as follows: . Access to the property provided by a private drive extending to Tustin Street. . School is compatible with the adjacent church and hospital uses. . Shared parking agreement exists between the church and hospital. . Parking demand at anyone time does not exceed parking approved for the site because each user had different operating hours. 2 Planning Commission Minutes APPROVED March ] 8, 2002 . Staff Review Committee and Design Review Committee approved the project with a condition that the applicant plant three (3) 36" box trees around the area where the Magnolia tree will be removed. . Staff recommends adoption ofreso]ution PC04-02 and CUP 2394-01. Chair Smith questioned the number of spaces required for each building. Staff s Report indicates a total of ] 00 spaces, if calculated for each use individually, Of those ] 00 spaces, ] 6 are required for the school and Chair Smith wanted to know how that was calculated. Mr. Bassi responded that code dictates].8 spaces per classroom and there are 9 classrooms, that totals 16, including teachers. There is no additional requirement for employees, Commissioner Romero expressed concern with the current CUP, if the use changed to 108 high school students, then there would obviously be a parking problem. The question is what limitation is there to allowing this facility to become a high school. Mr. Bassi replied the application is very clear that the CUP is for the building addition to accommodate ]08 students of special needs for the special education school. Further, Condition #] indicates if there is any intensification of use beyond what is approved tonight, it would require an amendment to the CUP. Chair Smith asked for an explanation of "special needs", Mr. Bassi deferred to the applicant. Commissioner Brandman asked what happens when the school becomes so in need and so popular and they outgrow this site and have to find a larger site. The church would be responsible for finding another tenant and at that time they may decide to have a regular pre-schoo]; how does the Commission specifically incorporate that, if the project is approved, because the parking is limited? Ms. Sully responded again that the issue is taken care of by Condition #1, page 2-9. Chair Smith questioned the parking space requirement and the need for shared parking. She also inquired about the size and need for additional handicapped spaces, Mr. Bassi said this goes back to ]997, the Hea]thBridge facility had 31 parking spaces and a need for 36, so they share 5 additional spaces behind the church's Socia] Hall. Regarding the handicapped spaces, they are sufficient, the number is based on the total spaces on site, and it must be remembered, everyone will be van pooled to the site. Ms. Sully indicated that the request for this CUP would not alter the existing shared parking agreement. The proposed addition falls within the existing parking supply. Chair Smith said she had trouble understanding because there seems to be a demand for ] 6 more spaces. Mr. Bassi explained the difference between "required" and "demand", with demand based on intensity of a particular use and required being the number of spaces needed, based on use. He continued, the list on page 2-5, shows the demand for different uses and when you total all three uses, based on hours and days of the week, the total demand never exceeds the number of available spaces. Additionally. if you look at the shared parking arrangement there is more parking than needed to meet demand. Chair Smith asked if there were a funeral, where would anyone park, and does it mean that no events can occur at church during the week? Ms. Sully replied that the students are dropped off by van pool, and one would have to turn to the shared parking agreement to see what the arrangements were for funerals and the like. 3 Planning Commission Minutes APPROVED March 18, 2002 Dale Hunzeker, the applicant's representative, indicated that the last funeral was held in a funeral home and the church has an agreement with HealthBridge, and if necessary, the church can use some of their parking on an advance notice basis, for events such as a wedding. Joseph Hammer, 14082 Greshan Place. Tustin, said he has been a member of the church for many years, and involved with the original church when it moved to its present location in 1960. He indicated the church has held memorial services, but he doesn't remember ever having a funeral in the church, Traditionally, the church has funerals at a memorial park or funeral home and weddings are usually on Saturday or Sunday and, occasionally, on Friday evening. Commissioner Pruett commented the Commission may be getting off base from their application with the current discussion, What is before the Commission is a Conditional Use Permit to approve the school expansion. Church operations and issues related to that are areas not in the application, and the Commission should get back to the issue before them. Commissioner Pruett said he didn't want the Commission to be bogged down in areas that don't relate to the application, Chair Smith thanked Commissioner Pruett for bringing the Commission to task to get back on track. Ruth Moore. Aspen Education GrouP. 1849 Tulane Ave., Long Beach, spoke to the various aspects of Aspen's educational curriculum, the students, etc. Ms, Moore indicated the students are special needs kids in grades K through 6th, a population of students with various learning disabilities, mild forms of autism, and developmental difficulties. It is strictly an academic focus for students needing a smaller classroom setting. Also, it is mandated by the State of CA to have only 12 students per classroom, So with the intensity of smaller classrooms, and one-on-one attention, they are able to function better in private school than they would be in a larger non-public or public campus. School districts do refer into non-public schools so the student's academic needs are met. Chair Smith asked about staffing, to which Ms. Moore replied, they are required to have one teacher per twelve students, they usually have at least two staff members per classroom. There is an administrative team, usually 4 clinicians for the population, janitors, etc. Total staff is approximately 37, during daytime hours. She stated the 108 students is maximum capacity, and not always what emollment would be. Ms, Moore explained to Commissioner Brandman, a clinician is a therapist working with students, education staff, and the director's staff to determine the student's education plan. She added the student's entire education is driven by an individual education. To Chair Smith, Ms. Moore indicated that there are few night events, except for an occasional parent- teacher night, and there is not large parent participation due to the tiring efforts required to take care of the children. Also, for regular school, the van picks up the students; they begin arriving about 8:45 a.m. and return home in the evening, beginning departure around 2:30 p,m. The building addition is going to be used for classrooms and four offices. Chair Smith opened the Public Hearing. Jim Corcoran. Corcoran & Corcoran Architects, said this has been an odyssey of five years of project development and it has been a wonderful opportunity to bring this whole community together. Ms. Moore, responding to Chair Smith. indicated the children live in their homes, Group Homes or Foster Care environments. 4 Planning Commission Minutes APPROVED March 18, 2002 Dale Hunzeker summarized the purposes of the symbiotic relationships, a community with the ability to help each other. It is how the church serves, the goal is to help the community and that's the way the church expresses its faith and understanding of thoughts in the world, Commissioner Pruett expressed concern for traffic and asked to add a condition, stating that "students will be van pooled to and from the site, parents may pickup and drop off in the case of emergencies, which may arise", basically what's stated in the school's operating procedures. Commissioner Pruett said he would like to make that Condition #1 and modify the existing #1 to become Condition #Ia. He indicated it would take the edge off the parking, traffic, or trip issues. Chair Smith closed the Public Hearing. Assistant City Attorney Sheatz added that in reviewing the findings, there is a sentence in item #2 stating "Also, the applicant has an existing shared parking agreement with the acute care facility which will be amended to include the private special education schoo!." Attorney Sheatz indicated his understanding, when discussing it with Staff, is all parties to the shared parking agreement knew what they were getting into based on demand and use. The findings go on to clarify what this Commission is approving goes further than just saying it's a school type of use, and further defines the use for special education with Condition #Ia. MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero to approve Resolution No. PC 04- 02, Conditional Use Permit No. 2394-01, with the following modifications to the Conditions: I) Renumber Condition #1 to Condition #Ia; 2) Add Condition #1 to state, "The students wi\I be van pooled to and from the site, Parents are permitted to pick up and drop offtheir children in emergency situations that may arise"; and 3) Add Condition #8a to read "Prior to the issuance of building permits for the proposed 3,990 square foot building addition, the Community Development Director. or her designee, shall review and approve the location and building elevations of the proposed elevator shaft to assure compliance to setback standards and architectural continuity. AYES: ABSTAIN: RECUSED: NOES: Commissioners Brandman, Pruett, Romero, Smith None Bonina None MOTION CARRIED 3. CONDITIONAL USE PERMIT 2392-02. a proposal to upgrade from an existing Alcoholic Beverage Control Type 41 License (On-sale Beer and Wine - Bona Fide Public Eating Place) to a type 47 License (On-sale General - Bona Fide Public Eating lace) to allow the serving of alcoholic beverages within an existing restaurant The subject site is zoned C-TR (Limited Business District - Tustin Street Redevelopment Project Area). The site is located at 1160 N. Tustin Street NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15305 (Class I - Existing Facilities). RECOMMENDED ACTION: Adopt resolution PC 07-02 approving Conditional Use Permit 2392-02. 5 Planning Commission Minutes APPROVED March 18, 2002 Chair Smith asked if anyone was present who was opposed to this application. There were none and full reading of the Staff Report was waived, Ms. Karen Sully introduced the application for Allegro Ristorante, as above. She indicated she wanted to add two conditions for approval to the recommended resolution, those being the standard conditions the Commission has typically applied to all restaurants serving alcoholic beverages: I) Sale, service, and consumption of alcoholic beverages shall be permitted only between the hours of (starting hour) to one hour before closing. Refer to page 3- 8, the resolution sites those hours, they are different for different days of the week, and will be increased by one hour to accommodate the earlier cessation of alcoholic beverage service. 2) The alcoholic beverage license shall not be exchanged for a public premise license, nor operated as a public premise, as defined by ABC. Meal service shall be available whenever the restaurant is opened to the public Ms. Sully indicated she had talked with the applicant and restaurant operator and they are in agreement. With these additions. Staff recommends approval of PC 07-02 and Conditional Use Permit 2392-02. Commissioner Pruett wondered if Condition #2 was a restatement of what is included on the application for the Conditional Use Permit or an attempt to limit business hours as a mitigating measure of some kind. He indicated he would prefer not to limit the hours of operation, allowing the owner flexibility to change them as necessary. Therefore, the only thing the Commission should do is limit sale of alcohol to one hour before closing. Commissioner Bonina said there may be an overriding issue, the CC&R's of the shopping center, that limits the hours of operation, Second, the memo from the Police Department highlighted the density of ABC licenses in the area, which is fairly high and, perhaps it is appropriate to limit the hours of operation, especially since the owner is not opposed, Chair Smith called for the applicant to speak. Ms, Judv Masaki, 1911 N, Greencrove. Orange, stated in regards to the Commission's concerns, 95% of the restaurants' clients don't come to the restaurant for the purpose of drinking. They come to have a nice meal and perhaps a cocktail. Commissioner Pruett indicated it is important to understand the Conditional Use Permit goes with the property. So the goal is to control misuse in the future, Chair Smith asked Ms, Masaki if she were aware of the conditions, the extension of the hours of operation and whether she would be comfortable if the hours of operation were stated. Ms. Masaki responded affirmatively. Commissioner Bonina asked if there was outside seating. Ms. Masaki said the outside seating is used for kids birthday parties and an occasional smoker. Chair Smith opened the Public Hearing. Mr. Bob Bennvhoff. 10642 Orange Park Acres, stated this is one fine restaurant, he recommends it to everyone, and believes it's time they had a liquor license. Chair Smith closed the Public Hearing. MOTION 6 Planning Commission Minutes APPROVED March 18, 2002 Moved by Commissioner Romero, seconded by Commissioner Brandman to adopt Resolution No. PC 07- 02, approving Conditional Use Permit No. 2392-02, with the following modifications to the Conditions: I) Change Condition #2 to reflect hours of operation - in the evening to close Monday through Thursday at I I :00 p,m. instead of 10:00 p,m.; to close on Friday and Saturday at Midnight instead of II :00 p.m.; to close Sundays at I I :00 p.m. instead of 10:00 p.m. Add the following conditions: 2) Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of (starting hour) to one hour before closing, whichever is earlier. Refer to page 3-8, the resolution sites those hours, they are different for different days of the week, and will be increased by one hour to accommodate the earlier cessation of alcoholic beverage service. 3) "The alcoholic beverage license shall not be exchanged for a public premise license, nor operated as a public premise (as defined by ABC). Meal service shall be available whenever the restaurant is opened to the public. In discussion, Commissioner Bonina referred to the CC&R's and how they might encroach on what the Commission does. Assistant City Attorney Sheatz cautioned against getting into the CC&R' s. They are a private agreement between whoever leases the space and the owner. The CC&R's could be amended pursuant to that private agreement between the two, Therefore. if the Commission were to include something here, it might place the applicant in a situation where they have to come back for further approval. Absent the fact of CC&R's, Mr. Sheatz would not recommend the Commission get in to that issue. AYES: ABSTAIN: NOES: Commissioners Brandman, Bonina, Pruett, Romero, Smith None None MOTION CARRIED INRE: NEW BUSINESS - None INRE: ADJOURMENT MOTION Moved by Commissioner Romero, seconded by Commissioner Brandman to adjourn to the next meeting, scheduled for Tuesday, April 2, 2002. This will be a joint meeting of the City Council, Planning Commission, and Design Review Committee on the Capital hnprovement Program and the new main library project. AYES: ABSTAIN: NOES: Commissioners Brandman, Bonina, Pruett, Romero, Smith None None MOTION CARRIED The meeting adjourned at 8:45 p.m. 7