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2002 - April 15 APPROVED MINUTES Planning Commission City of Orange April 15, 2002 Monday -7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: INRE: INRE: INRE: 1. Commissioners Bonina, Brandman, Pruett, Romero, Smith None Karen Sully, Planning Manager, Gary Sheatz, Assistant City Attorney, Roger Hohnbaum, Assistant City Engineer, Madeline Russell, Recording Secretary PUBLIC PARTICIPATION: - None ITEMS TO BE CONTINUED OR WITHDRAWN: - None CONSENT CALENDAR: APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF MARCH 18,2002. MOTION Moved by Commissioner Pruett, seconded by Commissioner Brandman to continue approval of the Minutes of March 18, 2002 until the meeting of April 29, 2002 to confirm language stated by Commissioner Brandman on page 3. AYES: ABSTAIN: NOES: 2. Commissioners Bonina, Brandman, Pruett, Romero, Smith None None MOTION CARRIED EXTENSION OF TIME FOR APPROVAL OF TENTATIVE PARCEL MAP 2000- 117 AND MAJOR SITE PLAN REVIEW 112-97 - TERRY SMITH Request from the site developer, Terry Smith, for a one-year time extension for approvals of Tentative Parcel Map 2000-117 and Major Site Plan Review 112-97, which allowed the subdivision of a 1.4 acre site into 4 residential lots. The subject site is zoned Rl-6 (Residential-Single Family). The site is located at the southeast comer of Santiago Blvd. and Nohl Ranch Road. MOTION Moved by Commissioner Pruett, seconded by Commissioner Romero to approve Extension of Time for Tentative Parcel Map 2000-117 and Major Site Plan Review 112-97. AYES: ABSTAIN: NOES: INRE: Commissioners Bonina, Brandman, Pruett, Romero, Smith None None MOTION CARRIED CONTINUED HEARINGS: - None Planning Commission Minutes April 15, 2002 APPROVED INRE: NEW HEARINGS: 3. MITIGATED NEGATIVE DECLARATION 1682-01 AND MAJOR SITE PLAN REVIEW 209-01 - PACIFIC STORAGE PARTNERS (BILL PEARCE) A proposal for a privately owned self-storage facility that includes the development of seven (7) two-story storage buildings totaling 157,610 square feet on a 5.06 acre site. The Subject site is zoned M2 (Industrial). The site is located at 1562 N. Main Street. NOTE: Mitigated Negative Declaration 1682-01 was prepared to evaluate the potential environmental impacts of the proposed project. Staff is recommending the Planning Commission adopt this document as an adequate and complete assessment of environmental issues related to the potential approval of this proj ect. RECOMMENDED ACTION: Adopt resolution PC 08-02 approving Mitigated Negative Declaration 1682-01 and Major Site Plan Review 209-01 Commissioner Smith asked to be excused from discussion and voting on this project. Planning Manager Karen Sully presented the proposal, and indicated that Senior Planner Matthew Bassi was present to further elaborate on the proposal if necessary. Public Comment - None Commissioner Pruett called the applicant's agent, Rick Blomgren, Access Architects, 18652 Florida #200, Huntington Beach, CA 92648. . Mr. Blomgren indicated that Pacific Storage is a new storage group and they have negotiated with Edison to do 20 - 60 sites under Edison power lines. The site at 1562 N. Main Street is the 2nd one. . Mr. Blomgren noted the Conditions for Approval had been reviewed and presented no problems to the applicant. Commissioner Pruett closed Public Hearing. MOTION Moved by Commissioner Romero, seconded by Commissioner Bonina to approve Resolution No. PC 08- 02, Mitigated Negative Declaration 1682-01 and Major Site Plan Review 209-01, including the Findings and Conditions for Approval as outlined in the Planning Commission Staff Report. AYES: ABSTAIN: RECUSED: NOES: Commissioners Bonina, Brandman, Pruett, Romero None Smith None MOTION CARRIED 2 Planning Commission Minutes APPROVED April 15, 2002 4. CONDITIONAL USE PERMIT 2398-02 - CLUB HAVANA A proposal to allow Alcoholic Beverage Control Type 57 (Special On-Sale General) license for a business networking association - private members only club, and for a finding of Public Convenience or Necessity. The subject site is zoned C-l (Limited Business District). The site is located at 3744 E. Chapman Avenue, Suite D. NOTE: This project is categorically exempt from the prOVIsIons of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities). RECOMMENDED ACTION: Adopt resolution PC 11-02 approving Conditional Use Permit 2398-02. Chair Smith asked if anyone was present who was opposed to this application. There was no one and full reading of the Staff Report was waived. Planning Manager Karen Sully introduced the application for Club Havana, as above. She stated that two pieces of correspondence had been received from: 1) Michael Green, the applicant, regarding "non- smokers and smokers in hospitality environments", and 2) Jeff Eckles/Troy Linaker, in support of this proposal. Ms. Sully then noted a correction to Condition #23, page 4-11, change the word "sue" in the second sentence to "use". She also indicated, at the request of the Police Department, Condition #6 had been included, but after review, Staff feels that this area of concern is addressed in Condition #23. Ms. Sully informed the Commission that Associate Planner; Chuck Lau was present to elaborate further on the proposal, if necessary. Chair Smith asked for clarification of Type 57 license. Chuck Lau responded that a Type 57 license is for non-profit or corporate type entities, i.e. The Elks Lodge or a private club. Further, smoking is allowed on the premises with this type of license. Chair Smith asked if there was a special cigar exhaust fan proposed and whether the application could be conditioned to cease sale of alcohol one hour before closing. Chair Smith called Club Havana partners/applicants, Randall A. Born and Michael A. Green to respond. Mr. Born indicated that installing the fan was overkill; the exhaust system is a backward incline blower, which takes the smoke out of the building and into the outside air. He referred to pictures provided to the Commission. The system is specifically designed for use in this type of establishment. Chair Smith began discussion of Condition #17. Ms Sully indicated according to Orange Municipal Code, entertainment is permitted in a Private Club. Chair Smith suggested conditioning the use of music to live groups of three or less and taped or recorded music. Mr. Born stated that live music probably occurs, at most, twice a month. 3 Planning Commission Minutes APPROVED April 15, 2002 Chair Smith turned the attention to employees in a smoking environment. Mr. Born referred to "CA AB- 13 Fact Sheet California Workplace Smoking Restrictions," and specifically to the subsection, "Workplace Exceptions". Mr. Born indicated that there are no employees; he and Mr. Green are the employees. Further if major repairs were necessary, they would be accomplished during non-business hours, since the facility does not open until 5 :00 p.m. Commissioner Pruett returned to AB 13 Fact Sheet, noting page 3 indicated that reasonable steps must be taken to prohibit smoking by non-employees. Commissioner Pruett also questioned the use of the thoroughfare to an adjoining shop. He stated that changing the use to allow alcohol may cause smoking limitations. Mr. Born respectfully disagreed, indicating passageway access is limited, and the thoroughfare is used mainly for wheelchair access. As for smoking, this type of facility is exempt from non-smoking laws. Chair Smith expressed her concern regarding Condition # 14 - disallowing tinting of the east facing glass door to allow a view into the premise. Mr. Born thought a private club should be private, and did not appreciate people walking by and looking in. As retired Deputy Sheriffs, Mr. Born and Mr. Green appreciated concern for safety, while accommodating their members who had expressed concern about pnvacy. Commissioner Romero indicated that he was at the site at 5 :00 p.m. and smelled smoke. Mr. Born responded that the smell was from the cigar store next door. Mr. Green added that Post Office patrons leave their lit cigarettes burning outside while they are in the Post Office. Sometimes there are 50 -70 cigarette butts on the patio. Mr. Green provided photographs. Commissioner Romero stated the Signal Lounge, next door is non-smoking as required by law. Mr. Born responded the lounge is a bar, a different type license, which does not allow smoking. It's a different type facility. Commissioner Romero asked about the hours of operation and how the club got new members. Mr. Born stated that the hours were changed from 5:00 p.m. - 11:00 p.m., to 5:00 p.m. - 12:00 a.m. to accommodate the requirement to cease serving alcohol one hour before closing. Mr. Born indicated current members refer new members to the club. The club by-laws stipulate access is gained by becoming a member or as a guest of a member. Commissioner Bonina inquired as to the number of club members. Mr. Born indicated that enrollment is between 150-200 members and twelve is the maximum number of guest at any given time. He noted the Havana Club has no ownership in or business affiliation with the Signal Lounge. Commissioner Bonina continued that there seems to be a concentration of alcohol in this small shopping center and wondered if that was a concern of the retired sheriffs. Mr. Born replied that it was not a concern since they do not have anyone coming into the club right off the street. Commissioner Bonina asked about the "appropriate attire" and "appropriate behavior". Mr. Born indicated it is an establishment for professionals and members were expected to dress and act appropriately. Additionally, members don't come to the club just to drink; they come to network with other professionals. Commissioner Romero inquired about the expense of a "scrubber" used to chemically purify air. Mr. Born indicated he had no idea how much they cost. 4 Planning Commission Minutes APPROVED April 15, 2002 Chair Smith asked for comments from the Police Department. Detective South, 1107 N. Batavia, was present. Detective South stated that having the front doors locked was a safety concern because the police couldn't access the establishment. Chair Smith suggested a doorbell to obtain access; Commissioner Brandman suggested viewing panels to accomplish the Police Department's objective. Detective South indicated the importance of enforcing the labor code for Type 57 use, particularly "smoking" related to employees, as well as anyone who goes into the club to do repair work, i.e. a plumber. Commissioner Bonina asked Detective South about the Pool Table, she replied the applicants were building a tabletop. Commissioner Romero asked about the similarities/differences between Club Havana and the Elks Club. Detective South noted that the Elks have been in business a long time. Commissioner Brandman said the Elks do not allow smoking. Chair Smith asked if Staff had any comments regarding the Elks. Staff had none. Chair Smith called for Public Comment. SPEAKERS IN FAVOR (in alphabetical order): Bill Bartholomae, Property Manager, 3702 e. Chapman Avenue, Orange; Phil Bradley, 12352 S. Loretta Drive, Orange; Robert Chaikin, 10530 Brier Lane, Santa Ana; Mark Czaykowski, 2101 Calavera, Tustin; Katv Drumm, Pascales Pizza Restaurant, 3433 E. Chapman Avenue, Orange; Tom Gastaver, District Manager, El PolIo Loco, 1057 Oak Glen Lane, Colton; George Kay, 3128 E. Chapman Avenue, Orange; Jeff Lewis, 19921 Lexington Lane, Huntington Beach; Brad Pohlmann, 12932 Palomar Way, Santa Ana; Ron Sarmiento, 12235 Circula Panorama, Santa Ana; Josh Stein, 6731 Saddleback, Orange; Dr. Sukoff, 17602 1 ih Street, Tustin. COMMENTS INCLUDED: . . Many have supported the club since it's opening. . . Many have known the partners for a long time, they are gentle and gentlemen. . . Lots of planning and thought in creating this facility. . . The club is a cozy and professional place, a great environment to allow business and commerce. . Expressed concern for privacy, want the ability to smoke and have an occasional drink. . . Alcohol is not the focal point ofthe operation, it is not a bar. . . Anyone with a passion for cigars, paired with wine, would find this a great place. . . Women visit the club, as well, for business; it's a great get away. . . It's a healthy environment, both psychologically and emotionally. . . Considered an excellent place to network with Doctors, Lawyers, Clients, etc. . . Playing pool, backgammon, and dominos in a positive environment is great for the city. . . Club is cooperative and compatible with other tenants in the center. 5 Planning Commission Minutes APPROVED April 15, 2002 Commissioner Romero asked Bill Bartholomae, the center's Property Manager about the trash in the parking lot. Mr. Bartholomae responded the lot was swept twice a week, it's a very busy area, and the wind blows trash into the center. Commissioner Romero ask Mr. Bartholomae to be more diligent in his cleaning efforts. Commissioner Brandman said she had complained over the pass few years of the smells from the smoke shop. One can smell the smoke even while standing in the Post Office. Chair Smith asked John Alicia, 510 N. Orange Street, to offer his knowledge of the Elks Club. Mr. Alicia stated that the Elks Club does allow smoking although many members do not smoke. Chair Smith called for the applicant's final remarks. In summary, Mr. Born said he preferred leaving the front doors unlocked, rather than having glass doors; the club is a smoke free environment for outside workers who would be working in the morning hours; the pool table, mentioned by the Police Department, now has a table top; the Post Office is a major source of traffic in the center and they close at 4:00 p.m. Mr. Green indicated to Commissioner Romero that the initial estimate for the exhaust system was $5,200.00; the final cost was in excess of $6,000. Direct Air of Anaheim installed the system, in accordance with the size of the facility. Mr. Green said he would prefer not to take anything off the windows because the ambience and lighting would be disturbed and they had tried to do things the right way. Commissioner Pruett inquired about the Tobacco Shop's hours of operation and was informed they are, Noon - I 1 :00 p.m. weekdays; and Noon - 6:00 p.m., Sundays. Commissioner Bonina asked if the capacity for alcohol is limited. Mr. Green replied the refrigerator holds maybe two cases of beer, and wines are provided as a service to the members. Patrons do not pour their own wine nor do they bring wine to the facility, as law prohibits it. Chair Smith closed the Public Hearing for Planning Commission discussion. Responding to the Commission's sentiment for allowing the shared access between the Cigar Shop and Club Havana, Ms. Sully referred to Condition # 16 and indicated that the Commission may opt to remove the final sentence, "There shall not be an adjoining door allowing access to and from the neighboring business." Commissioner Pruett asked the City Attorney for clarification of several concerns: defining the smoker's lounge, how to establish their function, the difference between the smoke shop and the lounge, allowing police access only through the smoke shop, the separate door to the outside, and whether the application should be continued to gather more information. Assistant City Attorney Sheatz replied as far as defining the lounge, if there are no employees, it's a workplace exception and the issue does not apply to the applicant. Commissioner Pruett confirmed that the Assistant Attorney was indicating there was no problem approving this application. Attorney Sheatz responded affirmatively. 6 Planning Commission Minutes APPROVED April 15, 2002 Commissioner Pruett emphasized his concern was not with the current Conditional Use Permit application. He explained the grant to the land and its use goes to future users as well. Commissioner Brandman expressed the following concerns: Club Havana is located across from a high school; the Police Department expressed concern over the concentration of alcoholic businesses in the area; the open door between the two shops; and Police and Staff have not had enough time to review all the possible secondary issues/problems. Commissioner Brandman indicated she had no problem or objection to smoking, the high club fees, the windows remaining as they are, although some visibility would be better; and the ventilation system. She would be withholding a vote until an opportunity was made to have a study showing possible secondary effects of this project. Commissioner Pruett addressed Condition #17, stating that Club Havana is exempted as a private club; there is no stage, but for public safety should provide some limitation, i.e. no dancing, and 3 or less musicians. Chair Smith said she was in favor of the application in light of the following: condition the door with a viewing panel to be worked out with the Police Department; the exhaust system is appropriate; alcohol service is to cease one hour before closing. Chair Smith appreciated the caliber of people who spoke for this establishment. Club Havana is a business for adults, run by retired law enforcement officers; therefore, it does not contribute to gangs or other shopping centers negatives. Additionally, over concentration of alcoholic locations was not a concern expressed by the Police Department, and smoking needs to be allowed in this environment. Commissioner Bonina stated he is impressed by the ownership and the testimonies regarding their business integrity. He has no issue with smoking, but because of the concentration ofliquor licenses in the immediate area and proximity to the local high school, he would not support the application. MOTION Moved by Chair Smith, seconded by Commissioner Pruett to adopt Resolution No. PC 11-02, approving Conditional Use Permit No. 2398-02. This approval includes the Findings and Conditions for Approval as outlined in the Planning Commission Staff Report with the following modifications: 1) Eliminate Condition #6. 2) Modify the first sentence of Condition #8 to read, "Sales, service and consumption of alcoholic beverages shall be permitted Monday through Thursday from 5 pm to 12 am, Friday and Saturday from 5 pm to 1 am, or cease one hour before closing whichever is earlier." 3) Modify Condition #14 to read "The east facing glass doors, entrance and/or exit, shall not be tinted or covered in such a way that would obstruct the view of the interior ofthe business from the exterior. The east facing doors shall remain as glass doors allowing a view into the premise from the exterior. The east facing doors shall be provided with a viewing panel of appropriate size, configuration and location to be determined by the Orange Police Department." 4) Delete the last sentence, "There shall not be an adjoining ...", of Condition #16. 5) Modify Condition #17 to read as follows: Live music shall be limited to 3 musicians. Entertainment and/or music shall not be audible from the exterior of the business. Dancing, nudity or gambling is not permitted on the premises at any time. Any special event requires a permit and authorization from the Community Development Director and the City of Orange Police Department's Vice Unit. 7 Planning Commission Minutes APPROVED April 15, 2002 AYES: ABSTAIN: NOES: Commissioners Romero, Pruett, Smith None Commissioners Brandman, Bonina MOTION CARRIED 5. CONDITIONAL USE PERMIT 2400-02 AND ADMINISTRATIVE ADJUSTMENT 2002-007 - WIENERSCHNITZEL FASTFOOD RESTAURANT A proposal to allow the redevelopment of an 11,500 sq. ft. vacant lot by constructing a new 796 sq. ft. fast food restaurant ~with a drive-through window, a 192 sq. ft. outdoor patio area with a walk-up window, and reciprocal parking between uses. The subject site is zoned C-l (Limited Business District). The site is located at 4327 and 4341 East Chapman Avenue. NOTE: This project is categorically exempt from the prOVISIons of the California Environmental Quality Act per State CEQA Guidelines Section 15332 (Class 32, In-Fill Development). RECOMMENDED ACTION: Adopt resolution PC 06-02 approving Conditional Use Permit 2400-02 and Administrative Adjustment No. 2002-007. Chair Smith asked if anyone was present who was opposed to this application. There was no one and full reading of the Staff Report was waived. Planning Manager Karen Sully presented the proposal, and indicated that Assistant Planner, Mario Chavez- Marquez is present to elaborate further on the proposal. Chair Smith asked the applicant, A. (Gus) Moallen, Inc. and Eva Sloan, Architect, CRHO, to come forward. Chair Smith inquired if they had reviewed the Conditions for Approval and whether they agreed with the findings. They responded affirmatively. Chair Smith indicated her concern regarding ingress and egress and the possibility of cars bumping into each other in the drive-through. Ms. Sloan stated they met with the traffic engineer and the drive-through is appropriate. It's just the nature of the business. Commissioner Pruett asked about the directional signs and the exit to the left. Ms. Sloan said the arrows are drawn on the ground to avoid confusion. The City Engineer has approved it for now, but it may be modified or restricted later, if problems arise. Chair Smith wondered if there was a way to make the signs more obvious, i.e. to shout "Pay Attention". Commissioner Brandman indicated the drive-through seems to be a condition of the beast and hoped customers will be courteous. She further asked about places for people to cross from one side to the other. Ms. Sloan reiterated that this is a drive-through, there is no place to sit down in the restaurant, therefore, there is no need to cross the drive-through on foot. 8 Planning Commission Minutes APPROVED April 15, 2002 Commissioner Bonina asked about combining the two signs, to which Ms. Sloan indicated they were working with Mr. Chavez-Marquez to determine a location towards the east end of the Wienerschnitzellot. Commissioner Romero stated that Mattern Deli has always been fairly busy, and while they seemed to have reduced their business effort, he wondered if there was a potential for traffic congestion. Ms. Sloan indicated that Wienerschnitzel's busiest hours are between 11 :00 am and 1 :00 pm, minimizing congestion for most small businesses in the area. Public Comment - None In summary, A. Moallen, Inc. noted the Mattern Deli has moved its production capabilities to another site, which is possibly why it seems less busy. Chair Smith closed Public Hearing. MOTION Moved by Commissioner Romero, seconded by Commissioner Pruett to adopt Resolution No. PC 06-02, approving Conditional Use Permit No. 2400-02 and Administrative Adjustment No. 2002-007 including the Findings and Conditions for Approval as outlined in the Planning Commission Staff Report. AYES: ABSTAIN: NOES: Commissioners Bonina, Brandman, Pruett, Romero, Smith None None MOTION CARRIED 6. APPEAL NO. 0486-02 - APPEAL OF COMMUNITY DEVELOPIMENI~ DIRECTOR'S APPROVAL OF MAJOR SITE PLAN REVIEW NO. 206-01 - CHAPMAN UNIVERSITY (APPELLANTS: VICTOR IVERSON AND PAUL AND ANGELA LARSON) Appeal of the Community Development Director's approval of a request by Chapman University to replace an existing dormitory (Cheverton Hall) with a new four-story, 300+/- bed dormitory and six-level, 600-space parking structure. The project site is located within the Chapman University Specific Plan area, and has a Specific Plan land use designation of Residential. The site is located at One University Drive. NOTE: Environmental Impact Report (EIR) No. 1195 (SCH# 87122310) for the Chapman College Specific Plan was certified on January 10, 1989, considering the environmental effects of a campus-wide specific plan with a student capacity of 2,500, existing campus facilities, and proposed expansion of the campus. An addendum to that EIR was approved in March 1997 to assess an updated Specific Plan focusing on the addition of a law school, new parking facilities, and an increase in student capacity to 3,000 students. In accordance with Section 15177 of the CEQA Guidelines, the City of Orange, as the lead agency, has prepared Initial Study No. 1686-02 to assess the potential for project specific environmental impacts and determined that the environmental effects of the proposed dormitory and parking structure project have been addressed in EIR No. 1195 and its Addendum, therefore additional documentation is not necessary. 9 Planning Commission Minutes APPROVED April 15, 2002 RECOMMENDED ACTION: Adopt resolution PC 10-02 denying Appeal No. 0486-02 and upholding Community Development Director approval of Major Site Plan Review No.206- 01. Planning Manager Karen Sully introduced the Appeal, as above, noting Staff wanted to refine the Recommended Action, as follows: RECOMMENDED ACTION: That the Planning Commission hear the item, take public testimony and take final Ms. Sully further indicated that several pieces of correspondence, including e-mails, letters, a petition supporting the appeal, and Planning Commission Minutes from 10-15-01 and 12-10-01 (4th Amendment) have been presented to the Commission for review. Ms. Sully noted that Planner, Anna Pehoushek, was present to further elaborate on the proposal. Commissioner Pruett stated he had received a letter opposed to the original proposal and in support of the appeal. Ms. Anna Pehoushek stated that the basis for this appeal according to the appellant(s) is the belief that the Negative Declaration is inaccurate and that it does not correctly reflect the impact the additional cars and students will have on the neighborhood and its resources. She indicated that a traffic study has been prepared, indicating no new impacts, and it was acceptable to Public Works. She stated the proposal does not generate new students. Chair Smith said she couldn't see how this works, and wondered since there is no reference to the parking structure, how can there be no other impact with a parking structure. Ms. Pehoushek noted that in the Specific Plan to the Chapman University Specific Plan references the general nature of the provision for parking, not specifically a structure. Chair Smith asked the height of the buildings and was informed that the parking structure would be 55 ft. tall, the lights poles on top of the structure are not considered additional height; the dorm would be 41-1'2 ft. tall. Chair Smith also asked about the impact of the projected traffic of 600 cars. Ms. Pehoushek responded the Traffic Study did look at existing conditions and potential impact. Commissioner Brandman questioned 350-bed dorm vs. 600 parking spaces. Ms. Pehoushek responded that the parking code requires 175 parking spaces for the 350 beds. Ms. Sully interjected that the additional proposed parking provided in the structure is an attempt by the University to provide additional student/residence parking. Chair Smith asked the appellants to speak. 10 Planning Commission Minutes APPROVED April 15, 2002 Vic Iversen, appellant, residing at 719 E. Hoover Avenue, and owner of properties at 427 and 429 E. Walnut and 502 N. Shaffer. Mr. Iversen's concerns included: . . The EIR approved in 1997 no longer reflects impact on this residential neighborhood. . . Doesn't believe that modifications on the All Faiths Chapel could be started until the 6-story parking structure is completed. . . Can't understand the need for a skyscraper in a residential neighborhood, particularly in Old Towne. . Questioned 600 more cars in this neighborhood, and, referring to the petition, indicated 150 neighbors oppose this plan. . . Chapman University said the traffic would go in and out at Center Street, and we know Center Street is to be closed if the proposed Library expansion is approved, and that will create more traffic on Shaffer and Walnut. . As it stands now, there are semi trucks parked there often, loading and unloading, and blocking traffic. Center Street can't support all the traffic. . . Structures higher than 3-stories detract from the beauty of the neighborhood. Chair Smith thanked Mr. Iversen, noting she had received his letter and petition and would give him an opportunity to speak again. Paul and Angela Larsen, 593 N. Orange Street (appellants) . Mrs. Larsen indicated she liked living by the University and wanted to see it grow, however problems already exist. . . Recently experienced seven dirt-moving trucks at 6:55 A.M. when she was leaving for work. It's really trying community patience. . . Auto alarms go off at all hours and no one seem to know how to contact the owners to turn them off. On 3/19, an alarm sounded seven times in 1 hour. . . The kids leave the Emergency Fire Exit door open causing more alarms. During Easter Break there were no alarms. . . Someone should review the daily incident logs from University Security. . . Chapman lacks concern for residents with just one new dorm, what happens when another is built. The new dorm is the noisiest project ever. . . Mr. Larsen noted that he was sleep deprived because he had been up until 5 :00 A.M. trying to track down the owner of a red jeep - alarm going off: When the car alarms go off, the owner doesn't hear it and no one can fix it. . . Impossible to sit out and enjoy a cigar, too much noise. One would think they lived in downtown Manhattan. . . Can't rely on Security logs, they often don't log an incident until someone calls. Chair Smith asked Chapman University, the applicant, to speak. Mr. Ken Ryan, Architect, EDA W, Inc. was present. Mr. Ryan proceeded to explain some key factors, as follows: . Some historical perspective programs offered by Chapman University include: Literary Bridge; Orange High School; Teach the Teachers; Fall Orientation - Into the Streets Project in Orange. . . Sometimes the University stumbles, i.e. Grand and Maple, filling of sunken lawns, loss of community trust. . 11 APPROVED April 15, 2002 Planning Commission Minutes . Chapman wants to create a union/partnership with the community by reviewing campus security, sitting down with residents, improving the vacant lot on Shafer, enhancing community outreach, including OTP A, and relieving parking problems, etc. . . University plans 4,000 students in the next 10-15 years (to max at 5,000 students), but the University is not taking over the town. . . Current plans are consistent with previous proposals - all commissions and committees have reviewed the plans and Chapman University has compromised. . . Benefits to Orange include more residents on campus which equals less commuters, parking relief for the community, allowing resident students parking near residence hails and not in the surrounding community. . . Project Overview via a PowerPoint Presentation: Landscape Plan; Elevations, and Residence Halls. . Listened to the community and designed the proposal to accommodate the community with significant benefits. Mr. Ryan asked the Commission to approve the proposal with conditions, keeping in mind what is good for the community. Chair Smith, Commissioners Pruett, Brandman, and Bonina indicated they had previously met with Mr. Ryan. Commissioner Romero did not because he wanted to maintain his perspective. Additionally, Chair Smith made several site visits. Commissioner Pruett inquired as to the Parking Management Plan, considering this appeal deals with traffic and mitigation. Mr. Ryan replied that parking supply is okay but it needs to be in the fight location. Commissioner Pruett asked if a Parking Management Plan could use color codes as a management tool. Chair Smith concurred stating that she was on site and saw no means of identifying who's parking - no stickers, tags or any sort of identification. Commissioner Brandman stated that in her 27 years living in Orange, all she had ever heard was what a bad neighbor Chapman University was, and her support would be greatly based on the relationship Chapman University builds with their neighbors in meeting their needs; she feels this is an opportunity for the University to let their light shine. Is there a citizens committee to help Chapman be more responsible? Commissioner Brandman also indicated that during a visit to the University three weeks ago, she found broken parking meters and questioned who is responsible. Also, she observed there is no crossing guard at Walnut and Shaffer. Commissioner Romero said he keeps hearing the same thing: Chapman wants to discuss. Yet, year after year, Chapman isn't responsive. There are thudding music systems and sensitive alarms. The student capacity noted on page 6-13, of the Community Development Staff Report, is 3,000 students. Tonight we hear 4,000 students and 5,000 students - when does it stop? Chapman has to feel for the residents. Commissioner Bonina said he has not directly experienced Chapman's history, but he hears words like "arrogant" used to describe Chapman. Commissioner Bonina indicated that he was somewhat comforted by Mr. Ryan's comments and employed Mr. Ryan and Chapman University to address the confidence of and credibility issues expressed by the community. Commissioner Bonina further asked if there was any attempt to eliminate parking on residential streets. Mr. Ryan responded that the University is currently not restricting on-street parking, but as the University moves forward, over time, will attempt to reduce on-street parking. Mr. Ryan said he understands the breach of trust and commits to overcome that breach by meeting often with OTP A, fixing parking meters, and taking steps to eliminate hollow words. 12 Planning Commission Minutes APPROVED April 15, 2002 Commissioner Bonina asked if there was an opportunity to accelerate the process of eliminating on street parking as a show of good faith? Mr. Ryan stated the intention was to move forward with the parking structure this summer. They won't have all the answers, but would dialogue with City leaders and the community regarding the film school and replacing old parking on campus. Commissioner Brandman questions approval tonight and how to build in conditions, such as color coding, the new dorm, and neighborhood groups involved to lessen the impact with thoughtful, managed growth. Commissioner Pruett indicated his concerns: there was history missing in terms of Staff Reports and Cheverton Hall; the parking issue has to be resolved; the need to create a group to work with Staff to resolve the issues and determine status of the issues. Commissioner Pruett further expressed his concern about leading the University in one direction and getting there and asking them to go back in another direction. Chair Smith stated this project has been going on since 1983 and it keeps getting bigger and bigger. The Commission needs to focus on the parking structure and the residence hall tonight. There are many new issues, and the Commission is looking at how it all fits together. Commissioner Pruett suggested that there is new staff at the City as well and this is part of what happens when you have change. Commissioner Brandman said the neighbors are upset, their lifestyles are being altered, and they're scared. She asked what the applicant is willing to do to lessen concerns. Chair Smith called for Public Comment. Commissioner Pruett suggested continuing the item until the Commission gets all the facts. The public can provide comments tonight or hold off until the next meeting. Chair Smith said the people are here tonight. Commissioner Bonina noted the public should be allowed to speak tonight, as well as at the next hearing. Ms. Sully asked for clarification on information desired. There was further discussion on the parking structure, the demolition of Cheverton Hall and the part that Henly Hall played in this scenario. Mr. Ryan indicated he was looking for the Commission's suggested conditions of approval, looking at the bigger picture, refinements, and a clear direction for the next two weeks. Commissioner Brandman noted that if she thought the Commission had really strong conditions of approval she would be willing to move forward, but that doesn't seem to be the case. Chair Smith called for Public Comment: SPEAKERS SUPPORTING APPEAL (in alphabetical order): Bob Bennyhoff, 10641 Morala Drive, Orange David Floyd, 422 Everett Place, Orange Jacob, 427 E. Walnut, Orange Steven Naslurd; 660 N. Shaffer, Orange Fred Peters, 706 E. Walnut Avenue, Orange Ryan Thacher, 322 E. Everett, Orange CONCERNS INCLUDED: . . Height of dormitory and parking structure. . . Maintaining the tradition of Shaffer Street, Chapman University is part of that tradition. . . Future communitylUniversity relations. . 13 Planning Commission Minutes APPROVED April 15, 2002 . The impact created by the Chapman expansion on the community and its character. . . Underground parking included in the parking structure. . Influencing Staff with articulation when honesty and integrity work best. . . Utilization of existing structures. . . 600 parking spaces. Who will use them, residents or commuters? . . Need for same size building in community backyards. . . Lack of interest in what community needs and wants. . . Too many changes since 1987 - consider re-evaluating the entire plan. . . Determine what other Universities have done. . . Possibility of supporting the project if a majority of students live on campus in the next few years. . . The Chapman debate has gone on for many years, the decision should be put off until everyone understands where it's going. . Things just don't seem to get fixed. . Chapman hasn't learned to get along with its neighbors. . It's time for less talk and more intensive action. . Mitigate the noise - hold Chapman's feet to the fire. . High school foot traffic. . Issues not being addressed. . Residents feel in the dark about Chapman's plans. . Mis-communication, i.e. letters asking if residents are interested in selling their homes. . . Auto alarms - takes two hours plus to get them turned off- can't believe Mr. Ryan doesn't know about the noise. SPEAKERS OPPOSED TO APPEAL (in alphabetical order) Michael Moshier, 840 N. Shaffer, Orange Veston Rowe, 4172 E. Everett Place, Orange Anne Siebert, representing OTP A Board, 340 S. Olive, Orange OPPOSED TO APPEAL: . . Gave support to the good job Ken Ryan is doing for the University (Siebert) . . Supports proposal (Siebert) . . Supports Parking Management Plan - removing parking from streets (Siebert) . . Likes the design of the project (Siebert) . . Both neighbors and faculty members of Chapman University (Moshier, & Rowe) . . Both in favor of proposed project (Moshier & Rowe) . . Want parking off ofthe streets; less cars (Moshier) . . Noise mitigation (Moshier) Chair Smith asked Mr. Iversen to summarize his concerns. He said his final comment was that Chapman should build a two- or three-story dormitory with underground parking. Chair Smith indicated that she was not in favor of going forward because she had heard the same things for many years. Commissioner Pruett said the community doesn't understand that a committee will work the issues or that a committee even exists - that committee is the OTP A. Mr. Ryan said that approval by OTP A is compelling. 14 Planning Commission Minutes APPROVED April 15, 2002 Commissioner Bonina asked for reasonableness in working together because ultimately the benefits are for all parties involved. Commissioner Pruett reiterated that it takes everyone, the OTP A, the community and Chapman University to create a broader understanding. OTP A is an excellent group. Chair Smith disagreed stating that the project is not in Old Towne and OTP A is not the group. She wondered if a committee had been formed. Commissioner Brandman challenged the University, noting they have an opportunity to show a leap of faith, to prove they mean business, and to come back with solutions that show what they're made of. Commissioner Pruett noted it is important to understand that the project is specifically outside OTP A, but it is in their purview and is part of the Chapman University community. Chair Smith said the burden is on the University. Commissioner Brandman interjected that the community has to share that burden. Chair Smith said considering all the concerns, the Commission could not give approval tonight. Mr. Ken Ryan said that with all due respect, he believed that the University had done its homework and they are willing to work with the community and take the lead. He also wanted everyone to understand that underground parking is cost prohibitive. Chair Smith thanked Mr. Ryan for taking the continuance and stated that a Master Plan is what the community is looking for. Mr. Ryan introduced Mr. Paul Wilkenson who explained his concept of the Traffic Management Plan, which would require all students to purchase a parking permit. He noted that a City Enforcement Field Study indicated that Chapman had enough parking, but it was not being properly used. That is no longer true. The University needs an additional 170 spaces, in excess of ratios. Chair Smith asked Mr. Wilkenson to put that information in a document. Mr. Wilkenson continued that a report card on the Management Plan had been delayed and he would report to Staff in the next few weeks. Chair Smith said that there were other issues/concerns, as already expressed, and the Commission needs documentation. She further stated that one couldn't drive down the street without students continuing to walk in to the street. Mr. Wilkenson responded that people have the right of way and a signal or pedestrian lights is not warranted. Chair Smith retorted that she was hearing resistance and that has been part of the problem. Commissioner Brandman noted that Center Street might become an issue if the Library succeeds with its expansion plans. Chair Smith said the Library's effort is a conceptual plan. It has not been approved and there is no money yet. Roger Hohnbaum, Assistant City Engineer, stated that the current project couldn't mitigate the possible new project. Chair Smith summarized that there is a feeling of change in the University's approach and thinks Mr. Ryan and EDA Ware a great selection. The concerns are: . . Beautifying the vacant lot and removing the dirt stacked behind it . . Frustration about the lack of a Master Plan' 15 Planning Commission Minutes APPROVED April 15, 2002 . What's going to happen on Shaffer' . What's the insight of the University, re: building to 5,000 students' . Factoring in high school traffic' . Campus security - anyone can go anyplace on campus without question, there is no visible security to delay access to residential sections . Evacuation Plan . The presence of thousands of high school and university students . Underground parking, speed bumps, etc. Mr. Ryan assured the Commission that he would meet with the neighbors over the next two weeks, answer as many questions as possible, take action, and give a better feel for the University's long-term plans. Chair Smith closed public hearing. MOTION Moved by Commissioner Brandman, seconded by Commissioner Bonina to continue the application to the May 6, 2002 meeting. AYES: ABSTAIN: NOES: Commissioners Brandman, Bonina, Pruett, Romero, Smith None None MOTION CARRIED INRE: ADJOURMENT MOTION Moved by Commissioner Brandman, seconded by Commissioner Bonina to adjourn to the Planning Commission Workshop - South Grand Street Study on Monday, April 29, 2002 at 6:30 p.m. in the Weimer Room. AYES: ABSTAIN: NOES: Commissioners Brandman, Bonina, Pruett, Romero, Smith None None MOTION CARRIED The meeting adjourned at 12:35 a.m. 16