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2001 - January 15 CA J-;Jci, G,,1. 3 MINUTES Planning Commission City of Orange January 15, 2001 Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: IN RE: Commissioners Pruett, Romero, Smith Commissioner Carlton John Godlewski, Principal Planner, Gary Sheatz, Assistant City Attorney, Roger Hohnbaum. Assistant City Engineer, and Sue Devlin, Recording Secretary ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON FOR 2001 MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to continue the election of Chairperson and Vice-Chairperson to the next meeting. AYES: NOES: ABSENT: IN RE: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED ITEM TO BE CONTINUED t (I ']'.1 (, 1. NEGATIVE DECLARATION 1646-00 - ROBERT & THERESA BEARD J.:,::) - A request to construct a second unit and the conversion/partial demolition of an existing detadied" accessory structure into a garagelworkshop. The site is located at 525 South Orange Street. (This item was continued from the December 4,2000 meeting.) Negative Declaration 1646-00 was prepared to evaluate the environmental impacts of this project. The applicant requested that the proposed project be continued to March 5, 2001 to allow additional time to prepare changes to the project. NOTE: MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to continue Negative Declaration 1646-00 to the meeting of March 5, 2001. AYES: NOES: ABSENT: IN RE: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED CONSENT CALENDAR 2. Approval of the Minutes from the Meeting of December 18, 2000. MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to approve the Minutes of December 18, 2000. AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED Planning Commission Minutes January 15, 2001 IN RE: NEW HEARINGS 3. CONDITIONAL USE PERMIT 2357-00 AND MAJOR SITE PLAN REVIEW 158-00 - ALBERTSON'S INC. The proposal includes a request to allow the sale of alcoholic beverages for the purpose of off-sife consumption in conjunction with the construction 01 a new supermarket. The site is located at 4550 East Chapman Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. There was no opposition to this item; therefore, the full reading of the staff report was waived and fhe public hearing was opened. Roqer Watson. WCDS. Inc.. 1820 East First Street #550. Santa Ana, represented Albertson's, Inc. They propose to tear down the existing Sav-On at Chapman and Hewes, along with the existing retail to the east. They will then build an Albertson's market that will conform to the EI Modena design criteria. They have read fhe staff report and agree to the conditions of approval. A preliminary landscape plan was posted on the wall. Commissioner Smith requested that the developer provide larger containers of plants rather than the 1 gallon plants, which are too small. She pointed out that the street trees and tree wells in the public right of way are the developer's responsibility, including watering of the vegetation. She cited this concern because that particular area on Chapman struggles with its landscape. The public hearing was closed. Commissioner Smith noted that the Police Department has reviewed this conditional use permit and has no objections. The staff report also mentioned that the Design Review Committee had some concerns, but it appears that those have been taken care of in terms of the east elevation, the building being rather plain and lack of landscaping adjacent to the north edge, and lack of screening walls for any exterior cart storage area. MOTION Moved by Commissioner Smith and seconded by Commissioner Pruett to approve Major Site Plan Review 158-00, finding that the project will not cause a deterioration of neighboring land uses. That the project conforms to City of Orange development standards and any applicable special design guidelines or specific plan requirements. The project will not cause significant negative environmental impacts. That on and off-site circulation is adequate to serve the project. That City services are available and adequate to serve the project. And, the project is compatible with community aesthetics. AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 2 Planning Commission Minutes January 15, 2001 MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to approve Conditional Use Permit 2357-00 with conditions 1 through 11, finding that the conditional use permit is granted upon sound principles of land use and in response to services required by the community. That it will not cause deterioration of bordering land uses or create special problems for the area in which the site is located. It should enhance this area. The conditional use permit has been considered in relationship to its effect on the community or neighborhood plans, and it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 4. CONDITIONAL USE PERMIT 2361-00 - ORANGEWOOD PARTNERS LLC A request to allow conversion of 13,555 square feet of existing manufacturing area to office space within a 48,906 square foot vacant industrial building that presently contains manufacturing and ancillary office space. The site is located a 1701 Sequoia Avenue. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. There was no opposition to this item. The public hearing was opened. Dick Bannister. Robert Borders & Associates. 5030 Campus Drive. Newport Beach, is the architect for the proposed project. They are attempting to bring one ownership into the vacant building. They have reviewed the staff report and concur with the conditions of approval. They will not be adding square footage to the site; improvements will only be made to the interior. Parking has been met on site. The public hearing was closed. MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to approve Conditional Use Permit 2361-00 with conditions 1 through 4, finding that the conditional use permit is granted upon sound principles of land use and in response to services required by the community. It will not cause deterioration of bordering land uses or create special problems for the area in which the site is located. It was considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. If granted, it is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED 5. CONDITIONAL USE PERMIT 2362-00 - THE ELI HOME, INC. A request to allow a charitable boarding house facility for women and their children. The site is located at 655 South Glassell Street. NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act. 3 Planning Commission Minutes January 15, 2001 Jay Eastman, Staff Planner, reported that the applicant would like to convert a 3-bedroom residence into a boarding house shelter for up to three (3) families. The families will share a common kitchen, living and dining area. The Eli Home provides shelter for women and their children. The project site is a deep lot, with frontage on both Orange and Glassell Streets. The applicant's proposal is lor a "second step" shelter facility and will complement an existing "first step" shelter in Anaheim. The Orange facility will provide a stay of 6 months for those families completing the "first step" facility's 45-day program. No exterior modifications or additions are proposed for the project. The site currently has four parking spaces, and the applicant will need to add one additional parking space. Commissioner Smith asked about condition 7 regarding the empty pool and the safety of the children. She suggested a solid cover over the pool rather than filling in the pool area. The public hearing was opened. Dr. Richard McFarland. 301 Grove Avenue, is associated with The Eli Home. They provide a shelter for abused children and women. This will be their first "second step" facility and applicants will be screened thoroughly. There will also be daily monitorings. They plan to have a staff person live in one of the bedrooms during the early stages of the operation. They accept all of the conditions that are recommended, including the condition regarding the pool. Michael Gallowav. 270 South Almond. Anaheim, is the president of The Eli Home. Their number one priority will be removing the swimming pool, unless it becomes cost-prohibitive. The next option would be to fill the pool with water. They have recently insfalled an alarm on the door out to the pool. Commissioner Smith asked if The Eli Home would increase its capacity to allow more women and children in the house. Mr. Galloway explained it is their policy not to allow additional families. They have found that usually the number of maximum children in one family totals four (4). Commissioner Pruett asked if The Eli Home had future plans to expand the facility. Mr. Galloway responded they will discuss the possibility of expanding their facility at a later date. Kim White. 301 Grove Avenue, is the Program Director for The Eli Home. She described the difference between the '1irst step" and "second step" facilities. The "second step" program is based on the clients' needs and will be geared towards "low risk" families. The families must complete the emergency shelter program first. The women must find employment or start some kind of educational program as a way to get back into the work force in order to secure more permanent housing after they leave the program. During their 45-day stay at the facility, conflict resolution training will be offered. There will be weekly inspections of the property, as well as unannounced inspections to maintain the integrity of the property. Rules have been established for the families to follow and a written agreement will need to be signed by each mother. The mothers will need to provide outside child care for their children while they are at work. Overnight guests will not be allowed at the shelter. The families may have one visitor per week within a reasonable time frame. She said there might be an occasion where a pregnant mom without children is admitted 10 the facility and requested that condition 4 remain as written. Licensing is not required because the children are in the immediate care of their mothers. The Eli Home is not legally responsible for the children. Mr. Galloway addressed the pool issue. They will fill the pool with water and provide a protective covering over the pool. 4 Planning Commission Minutes January 15, 2001 Richard Chavev. Board of Directors for The Eli Home, talked about the concern of the neighbors. They have walked the neighborhood twice and have talked to the immediate neighbors and surrounding neighbors about the proposed project. The majority of the neighbors are in support of the facility. They plan on holding regular meetings with the neighbors. They are comfortable that security will not be an issue. 3 people spoke in favor of the proiect Bill Fogarty, 283 North Rampart #F, is the Executive Director of the United Labor Agency of Orange County - partner of the project. Roy Van Broekhuizen, 257 South Glassell Street. Mary Rodriguez, 2969 Irving Street, Riverside. The Eli Home will help stabilize families and kids. This is the best thought-out, planned program they have seen in 20 years involving food and shelter programs. A former client and resident of The Eli Home also spoke in support of the "second step" facility. 1 person spoke aqainst the proiect Michael Stastny, 649 South Orange Street. He understands the need for such an institution, but is concerned about the transient nature of the clients. The families will not have an investment into the neighborhood or community. Applicant's response Dr. McFarland appreciates the neighbor's concern. It is their hope, though, for the program residents to integrate into the neighborhood and take part in neighborhood functions. The Eli Home wants to be a good neighbor. The public hearing was closed. Commissioner Smith is familiar with The Eli Home's work; she has read about the facility in Anaheim for many years in the paper. She thought Orange was privileged to have The Eli Home select their historic neighborhood of Old Towne. She agreed there will be an institution in The Eli Home, and that institution is what she calls the family. In Old Towne there are a lot of rental properties. The residents need to reach out to neighbors, and neighbors need to welcome new residents. This is an interesting property because it is next to a public park. She sees it as a buffer property. She believes the facility will be a good fit in this location. This is a great alternative to removing children from the home and putting them in a public institution. She is concerned about condition 7 regarding the pool and she re-wrote it. And condition 4 should remain as it is written in the staff report. The applicant agreed to the revised condition 7. Commissioner Romero personally could not see another alternative that would provide a better location for this use. He agreed with the proposal. Commissioner Pruett did not oppose the use, but his concern lies with some of the issues related to the operation of the facility. He thought there needed to be written instructions for the clients regarding safety issues, how to handle emergencies, etc., to make certain the home is going to be safe. He did not think that City staff should take on this regulatory role, but yet it needs to be required for the project. Commissioner Smith said it was not unusual for a facility to have a policy manual. She knows that most of the facilities are monitored by Medi-Cal. She thought it would be reasonable to condition a policy and procedure process on residential orientation for the occupants and to include training sessions and written documents as to instructions on safety, first aid, emergencies, and neighborhood relationships. 5 Planning Commission Minutes January 15, 2001 Mr. Godlewski thought a condition could be added that requires The Eli Home to submit a policy and procedure manual for staff review to show that prior to occupancy they can address the Commission's concern. Statf would not evaluate the content or details of the manual, but could verify that something is in place to cover living conditions, safety issues, emergency procedures, and the responsibilities of the person in charge of the facility. The Eli Home could also publish an information sheet that lists who the owner of the property is, who to call for emergencies, etc. that could be given out to the neighbors and submitted to the City for review prior to occupancy. The Commission discussed the possibility of pregnant women without children being allowed in the project. They acknowledged this would be a rare occasion and should not be viewed any ditferently as the unborn child will need a safe place 10 live. The other concern relates to fire and building code requirements and the applicant may need to make some changes as a result of that review. MOTION Moved by Commissioner Smith and seconded by Commissioner Romero to approve Conditional Use Permit 2362-00 with conditions 1 through 12. Condition 4 will remain the same way as it is written in the statf report. Revise condition 7: "To ensure the safety of children and adults on the premise, the applicant shall either "remove" the pool by filling it with solid material, or fill the pool with water and provide safety features. Safety features shall include fencing per City requirements and sell-closing, self-latching gates and doors that are child proof and affixed with audible alarms. Adult supervision shall be required whenever children are within the enclosed pool area." And add condition 13: "The applicant shall submit to the City written policies and procedures regarding residential orientation of all occupants (children and mothers) at the facility. These policies and procedures shall include training sessions and written instructions addressing the historic neighborhood, living conditions, safety concerns, emergency procedures and neighborhood awareness and relationships. An information sheet shall be provided to the occupants at the orientation session and shall be posted in the house. The information sheet shall include emergency contact information, program contact information, house rules and house responsibilities." The Commission finds that the conditional use permit should be granted upon sound principles of land use and in response to services required by the community. It will not cause deterioration of bordering land uses or create special problems for the area in which it is located. It has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located. And, the conditional use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. AYES: NOES: ABSENT: Commissioners Pruett, Romero, Smith None Commissioner Carlton MOTION CARRIED IN RE: ADJOURNMENT Moved by Commissioner Romero and seconded by Commissioner Smith to adjourn at 8:50 p.m. AYES: NOES: ABSENT: Commissioners Pruett, Romero. Smith None Commissioner Carlton MOTION CARRIED /sld 6