2002 - March 18
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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ITEMS TO BE CONTINUED OR WITHDRAWN: - None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