2002 - August 5
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MINUTES
APPROVED
Planning Commission
City of Orange
August 5, 2002
Monday - 7:00 p.m.
PRESENT:
ABSENT:
STAFF
PRESENT:
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
Jeffry Rice, Planning Manager/Secretary
Gary Sheatz, Assistant City Attorney
Roger Hohnbaum, Assistant City Engineer
Khanh A. Le, Recording Secretary
,~- -'
INRE:
PUBLIC PARTICIPATION:
('o.)
. Mr. Nick Terpstra of 1475 Jamestown Way spoke about Santiago Canyon Rd. He stated that th~.J
area has become very busy and people speed through the area. There have been two (2) fatal
accidents so far. The fence behind Santiago Canyon Rd. that has been broken because people
drive through the area too fast--the curve is too sharp. It's currently a two (2) lane highway, with
plans for six (6) lanes. He added that the noise level has gotten really bad for the neighbors there.
He asked that the commission recommend that the road get realigned as developers look at the
site for future projects.
INRE:
ITEMS TO BE CONTINUED OR WITHDRAWN:
3.
CONDITIONAL USE PERMIT 2416-02 AND VARIANCE 2110-02-
NONA & GERALD SANDBERG
A proposal to construct a new 883 sq. ft. Accessory Second Housing Unit above
a new 826 sq. ft. garage on property that contains an existing single-family
residence (Conditional Use Permit). The Variance request is to allow the
proposed unit to exceed the maximum 640 sq. ft. limitation required by code. The
General Plan land use designation is ESTR (Estate Low Density Residential, 0 to
2 dwelling units per acre). The zoning of the site is RI-40 (Single-Family
Residential District - one acre minimum lot size). The site is located at 7425
Saddlehill Trail located in Orange Park Acres.
NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section
]5303 (Class 3 - New Construction or Conversion of Small Structures).
RECOMMENDED ACTION:
Adopt resolution PC 28-02 recommending to the City Council approval
of Conditional Use Permit 24]6-02 and Variance 2110-02.
Mr. Rice stated that he spoke to the applicant who is requesting the item be continued at the next
appropriate meeting.
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Planning Commission Minutes
APPROVED
August 5, 2002
MOTION
Moved by Commissioner Brandman, seconded by Commissioner Pruett to continue this agenda
item on the September ]6, 2002 meeting.
AYES:
ABSTAIN:
NOES:
INRE:
la.
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
None MOTION CARRIED
CONSENT CALENDAR:
CONTINUE THE MINUTES FROM THE REGULAR MEETINGS OF
JUNE 17, 2002 (CONTINUED FROM JULY 1, 2002) TO THE AUGUST
19,2002 MEETING.
MOTION
Moved by Commissioner Smith, and seconded by Commissioner Bonina to continue the Minutes
from the June] 7, 2002 meeting to the August] 9, 2002 meeting.
AYES:
ABSTAIN:
NOES:
lb.
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
None MOTION CARRIED
APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF
JULY 1, 2002.
MOTION
Moved by Commissioner Brandman, seconded by Commissioner Bonina to approve the Minutes
of the July], 2002 as submitted.
AYES:
ABSTAIN:
NOES:
INRE:
2.
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
None MOTION CARRIED
NEW HEARINGS
TENTATIVE TRACT MAP 16405, MINOR SITE PLAN REVIEW 230-02,
AND NEGATIVE DECLARATION 1701-02 - HAL BAERG
A proposal for a 6-lot subdivision located 500 feet south of Santiago Canyon
Road midway between Orange Park Boulevard and Cannon A venue in Orange
Park Acres (Tentative Tract Map). The purpose of the Minor Site Plan Review is
to ensure that all the lots being created will have access to a public street. The
subject site has two General Plan land use designations: The central and
southerly portion of the site is designated ESTR (Estate Low-Density
Residential, 0 to 2 dwelling units per acre) and the northwesterly 30,000 sq. ft.
portion of the site is designated LDR (Low-Density Residential, 2 to 6 dwelling
units per acre). The Zoning Classification for the central and southerly portion of
the site is R-I-40 (Residential, single-family, minimum lot size 40,000 sq. ft.)
and the northwesterly 30,000 sq. ft. portion of the site is zoned R-I-]5
(Residential, single-family, minimum lot 15,000 sq. ft.).
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Plaming Commission Minutes
APPROVED
August 5, 2002
NOTE: Negative Declaration No. ] 70]-02 was prepared for the project in
accordance with the provisions of the California Environmental Quality
Act per Stat CEQA Guidelines Section 15070 et seq. The public review
period for the Mitigated Negative Declaratiou was July 15 through
August 5, 2002.
RECOMMENDED ACTlON:
Adopt resolution PC 22-02 recommending to the City Council approval
of Tentative Tract Map ]6405, Minor Site Plan Review 230-02, and
Negative Declaration ]701-02.
Chair Smith asked if there was anyone present who was opposed to this application. Since there
was, Chair Smith asked Mr. Rice to do a full reading of the Staffreport.
Chair Smith said she has not spoken to anyone from the public about the project.
Commissioner Brandman stated she spoke to the applicant and the president and vice president of
OPA.
Mr. Rice read the staff report as above. In summary, this project is adjacent to Orange County
flood control district easement that provides access rights to the proposed parcels. The purpose of
the project is to subdivide the existing property into six (6) one (I) acre minimum sites. He stated
there are no units plotted because each custom residence will have to go through site plan
approval when they are submitted. Mr. Rice also explained the trail system in detail, adding that
even though there aren't any formal trails to date, there are impromptu trails developed over the
years. The applicant is proposing to work with the City Council and OPA to develop a set of
trails as agreed upon by everyone.
Commissioner Bonina asked for clarification concerning the proposed trail and Mr. Rice
answered that the applicant is proposing to develop one trail in lieu of the two (2) trails approved
on a prior project for this site. Mr. Rice also added that the applicant can explain later if needed.
Per the commission's request for clarification, Mr. Rice re-explained the current and proposed
trai I system.
Commissioner Brandman stated she is aware that the staff contacted the applicant and worked
with the OPA Planning Comrnittee, but asked if the staff contacted the OPA Board that maintains
and insures the trails.
Mr. Rice replied that he is only aware of a meeting with the Orange Park Planning Committee.
Also, responding to Chair Smith's question, Mr. Rice stated that the closest equestrian lots in the
neighborhood are to the east of the lot/neighborhood.
Chair Smith invited the applicant to come forward to speak on his behalf.
Mr. Hal Baerg (10 Morning Dove, Laguna Niguel) stated that he had a conversation with Mr.
Mark Sandford and they have come up with a newer version for the trail. He illustrated the new
proposal on the map, stating that the main goal is to get the community up the hill to connect with
another regional park.
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APPROVED
August 5, 2002
Planning Commission Minutes
Responding to Commissioner Brandman's question, Mr. Baerg stated that he envisions that the
homes with horses in the community would access the trails from the streets at their homes.
Chair Smith asked Mr. Baerg ifhe has read the staff report and conditions and whether he agrees
with the conditions, in particular, condition number nine (9), concerning the prohibition of
controlled gates.
Mr. Baerg would prefer to have the option to add gates at a later point in time.
Mr. Rice replied by stating that to have a gate, there has to be a box and room for a call box, and
room for turn around.
Mr. Hohnbaum also added that the condition was placed to prevent future private access gates for
the reason Mr. Rice stated.
Mr. Hohnbaum stated that another unusual condition of this project is that the Handy Creek
easement from the OCFCD diversion project to Jamestown Way could be removed as part of
project.
Commissioner Pruett asked ifMr. Baerg is planning on leveling out lots five and six since they
were so steep.
Mr. Baerg replied that the pad had fifty percent usable pad, so he does not plan on leveling out
the pad.
Mr. Sheatz suggested that Mr. Baerg review the staff report and conditions of approval.
Chair Smith opened the Public Hearing for comments from the public.
SPEAKERS (in alphabetical order):
Art Biesiada, ]473 N. Portsmouth Circle;
Bob Bennvhoff, ]0642 Moradi Drive;
Barbara Doughtv. 1468 Portsmouth Circle;
Ralph Doughtv. ]468 Portsmouth Circle;
Chuck McNees, I] 211 Orange Park Blvd.;
Mark Sandford, 1059] S. Mead Ave.;
Nick Terostra, 1475 Jamestown Way;
Derry Whitnev, 5920 Valencia Dr.
. COMMENTS INCLUDED:
. Want to make sure lots fall into parameters/size set forth by Commission.
. Want to make sure trails and equestrian uses remain for the community.
. Concerns over the water company and the issue of utilities.
. Want to make sure trails link for future purposes.
. Do not want to let go of trails already in place.
. Want to discourage the development of "private property", but to keep the community
open.
. Don't want to lose easement.
. Suggestions for the applicant to return to the OPC for further discussion.
. Zoning ofthe area, in particular, zoning for equestrian community.
. Responsibility for the maintenance of the trails.
. Discussion of the history of the development of the community and the trails.
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Planning Commission Minutes
Al?PROVED
August 5, 2002
Chair Smith re-invited Mr. Baerg back to the podium.
Mr. Baerg stated he is disappointed to hear what the community is saying because that was not
the impression he received when he spoke to the community.
Chair Smith closed the public hearing and took the discussion to the Commission.
The Commissioners discussed their various views and the consensus was that the Commission
needed the following issues clarified:
1) Actual usable pads on lots five (5) and six (6).
2) If grading and easement are added, will the lots still be one (1) acre lots.
3) Whether there is an existing easement on the purple trail and whether it would need to be
moved, depending on the proposed developed trail.
4) OPAC's trail preference.
5) Definition of trail maintenance and whose responsibility would it fall under.
6) Clarification of water rights on property.
7) Proper notice to community concerning the project.
Chair Smith asked for a motion to reopen the public hearing to ask whether Mr. Baerg is
agreeable to continuing the item.
The Commission unanimously voted to reopen the public hearing.
Mr. Baerg expressed frustration and disappointment with the process and meeting, but was
willing to go with a continuance; that being the September 4,2002 meeting.
Chair Smith closed the public hearing.
MOTION
Moved by Commissioner Pruett, seconded by Commissioner Brandman to continue this agenda
item on the September 4, 2002 meeting.
AYES:
ABSTAIN:
NOES:
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
None MOTION CARRIED
INRE:
ADJOURNMENT
MOTION
Moved by Commissioner Pruett, seconded by Commissioner Brandman to adjourn to the
Planning Commission Workshop for discussion pertaining to the 300-400 blocks of South Grand
Street on Monday, August 12,2002 at 6:00 p.m.
AYES:
ABSTAIN:
NOES:
Commissioners Bonina, Brandman, Pruett, Romero, Smith
None
None
MOTION CARRIED
The meeting adjourned at 9:15pm.
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