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2001 - August 6 c,,{' S-t1tl. G- ..<. .) (v/ . MINUTES Planning Commission City of Orange August 6, 200 I Monday - 7:00 p.m. PRESENT: ABSENT: STAFF PRESENT: Commissioners Carlton, Pruett Romero, Smith .-.., CC-, C',:) :> :;;".. )-l -< ." :0 ''''-:1 l--~C:; P-i~,J :-n~.-~" ,'-- None ',,;' 1".." C":J Karen Sully, Planning Manager, Gary Sheatz, Assistant City Attomey Jerry Bailey, Design Manage - Public Works Elaine Steinhardt, Recording Secretary w co ..,.. ,.-'-, --;;,- ~, ) ;-',., A Planning Commission resolution was presented to John Godlewski, Principal Planner commemorating his 13 year service to the City of Orange. In the presentation each Commissioner read a portion of the resolution. John thanked the Commission and noted how much he enjoyed working in the City of Orange and spoke of the many different positions he had held in the Planning Division. Now he was taking the position as Development Services Director in the City of Los A1amitos. INRE: INRE: ITEMS TO BE CONTINUED OR WITHDRAWN - None CONSENT CALENDAR - None I. APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF JUNE 18, 2001 AND JULY 16, 2001. Due to Commissioner Carlton's absence from the meeting of June 18"', the minutes were approved on two separate motions. MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to approve the Minutes of June 18,2001. AYES: NOES: ABSENT: ABSTAIN: Commissioners Pruett, Romero, Smith None Commissioner Carlton None MOTION CARRIED MOTION Moved by Commissioner Romero and seconded by Commissioner Pruett to approve the Minutes of July 16,2001 AYES: NOES: ABSTAIN: Commissioner Carlton, Pruett, Romero, Smith None None MOTION CARRIED Planning Commission Minutes August 6,2001 INRE: CONTINUED HEARINGS - None INRE: NEW HEARINGS 2. CONDITIONAL USE PERMIT 2375 - WAL-MART A proposal to allow the sale of beer and wine (Type "20" License) for the purpose of off-site consumption. Additionally, the Commission is asked to make a finding of Public Convenience or Necessity. The site is located at 2300 North Tustin Street. The subject site is zoned C- TR (Commercial Tustin Redevelopment Project Area NOTE: This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301. RECOMMENDED ACTION: I. Adopt resolution PC 22-01 approving Conditional Use Permit 2375. 2. Make a finding of Public Convenience or Necessity for the sale of alcoholic beverages Chair Smith asked if anyone opposed the application and with no response, a full reading of the report was waived. Ms. Sully briefly introduced the proposal Margaret Taylor, 6381 Hollywood Boulevard. #648. Hollywood, CA, representing Wal-Mart Inc., explained WaI-Mart's desire to offer the sale of beer and wine to their customers as an amenity along with the other food products and general merchandise they offer. She stated the intent was not to attempt to increase their customer base with the offering of alcoholic beverages, but to enhance their variety of merchandise for their existing customers. She explained the store area to be devoted to the sale of beer and wine would be limited to only 5% of the retail square footage. Ms. Taylor noted there would be no change in their hours and the proposal had the Police Department's approval. She went on to explain their operational guidelines and how in areas where there needed to be a finding of Convenience or Necessity, it was good planning policy to make that finding under the conditions that prevail at WaI-Mart being that they provide extensive education to those who sell alcohol in their store. They have their own carefully monitored policies and programs in place to avoid selling alcoholic beverages to underage people. She believed it was to WaI-mart's advantage to protect their interest by the manner in which they trained their people and monitored the sale of alcohol in their store, thereby also being an advantage to the public. Commissioner Pruett asked Ms. Taylor if she felt that an approval ofWal-Mart's proposal would indicate that all stores similar to Wal-Mart in similar shopping centers should be allowed to sell alcohol. Ms. Taylor explained that the current ABC requirement to make a finding of Public Convenience or Necessity for the sale of alcohol beverages was born out of the civil unrest in Los Angeles a number of years ago. In doing so, the State gave the right to cities to weigh the attributes of making a finding of Public Convenience or Necessity when there is an over-concentration of businesses selling alcoholic beverages in a particular census tract. Commissioner Pruett asked ifWaI-Mart provided a unique circumstance so that other centers do not have the right to ask for the same findings to allow them to sell alcoholic beverages. 2 Planning Commission Minutes August 6, 2001 Ms. Taylor responded that it was good planning process that made WaI-Mart unique. Responding to Commissioner Carlton's inquiry as to whether Wal-Mart also trained their part-time sales force and their holiday employees as well as their full-time people and if the computer training was done individually by the employee at the employee's home, Ms Taylor explained they provide extensive training to everyone selling alcoholic beverages using a comprehensive computer program in the store setting. She also noted that the training program was devised to protect the public. Responding to Chair Smith's question concerning the type of alcoholic beverages WaI-Mart would be selling, Ms. Taylor explained it would be only beer and wine. She added that other Wal-Marts would have a similar programs in about 6 months. Chair Smith asked if there was anyone who wished to speak for or against the proposal. There being none, she closed the public hearing. Commissioner Pruett questioned staff as to why a similar Police report was not included in this staff report for Wal-Mart's proposal as was included in the report for the next ABC request on the agenda. He also wished to know if there was a written report from the Police Department on this request. Planning Manager Karen Sully stated there was no written report but there had been a verbal response from the Police of the condition that was incorporated into the report. MOTION Moved by Commissioner Romero and seconded by Commissioner Smith to adopt resolution PC 22-01 approving Conditional Use Permit 2375-01 including Conditions of Approval 1 through 5, with a finding made for Public Convenience or Necessity for the sale of alcoholic beverages. During the discussion following the motion, Commissioner Pruett expressed his opposition to the motion until the Police Department produced a written memo supporting the proposal. He could not support the motion without the written memo. Commissioner Pruett responded that he would need a written memo before he could support the motion when Chair Smith asked him if he would be willing to support the motion if staff would assure him a memo would be forthcoming. Commissioner Carlton pointed out that the next request for an ABC license was somewhat different in that they were asking, in addition to the ABC Type "20" license, for a license to serve alcohol on site and perhaps that made a difference. Chair Smith suggested that a condition could be added to the effect that the approval would only be valid with the addition of a written Police report. Commissioner Pruett noted that although the next request was somewhat different, as Commissioner Carlton had pointed out, both businesses were requesting ABC licenses in areas of over-concentration and he felt, due to the lack of a written Police memo, a continuation of the request was in order until they received such a memo. Planning Manager Sully assured the Commission that Police approval was given and she promised to track it down. Chair Smith agreed with Commissioner Pruett that there should be consistency in the reports and perhaps the Commission should wait for the written Police memo. 3 Planning Commission Minutes August 6,2001 Commissioner Carlton was in favor of adding a condition making the approval subject to receipt of a written memo. Assistant City Attorney Gary Sheatz said there could be danger in adding a condition like that because if the Police Department then decided to add another requirement(s), it would be a problem. SUBSTITUTE MOTION Moved by Commissioner Pruett and seconded by Chair Smith to continue Wal-Mart's request to a date determined by staff and until such time that the Commission is in possession of a written Police memo approving the request. There was a discussion between Commissioner Pruett and the Assistant City Attorney concerning which motion should be voted on first with Mr. Sheatz of the opinion that the first motion must be voted on first. The following is the vote on the first motion: AYES: NOES: ABSTAIN: Commissioners Carlton and Romero Commissioners Pruett and Smith None Being that the vote was tied, it failed to pass. The following vote was on the substitute motion: AYES: NOES: Commissioners Pruett, Romero and Smith Commissioner Carlton Ms. Sully said the request would be continued to the August 20, 2001 Planning Commission meeting if everyone was in agreement, which they were. 3. CONDITIONAL USE PERMIT 2376 - BEVERAGES & MORE! A proposal to allow the off-site sale of alcoholic beverages (Type "2 I" ABC License), and the on-site sale (tasting) of beer and wine (Type "42" ABC License) at a proposed new 14,100 sq. ft. specialty retail store that sells beer, wine, spirits, gourmet food and related items such as glassware and accessories. Additionally, the Commission is asked to make a finding of Public Convenience or Necessity. The site is located at 2000 North Tustin Street. NOTE: This project is categorically exempt from the provisions of the Califomia Environmental Quality Act per State CEQA Guidelines Section 153101 (Existing Facilities). RECOMMENDED ACTION: 1. Adopt resolution PC 23-01 approving Conditional Use Permit 2376. 2. Make finding of Public Convenience and Necessity for sale of alcoholic beverages - off-sale (Type "20") and on-sale (Type "42"). Since no one was present in opposition to the application, Chair Smith waived full reading of the report. Ms. Sully briefly reviewed the request. Planning Aide Mario Chavez-Marquez, project planner, presented the high points of the request as written in the report. He gave the proposed hours of operation as follows: Monday through Saturday open at 10 4 Planning Commission Minutes August 6, 2001 a.m. and close at 9 a.m. Sunday, 10 a.m. to 7 p.m. Additionally, during the holiday season they intend to extend their hours of operation from 9 a.m. to 10 p.m. There being no questions, Chair Smith invited the applicant to present his proposal. Steve McLaren, 76 Lvnwood Place, one of the founders of Beverage & More, announced they operate 21 stores in the State. They have opened one in Irvine and this store in Orange will be their second store in Orange County. He stated that customer service was a very important part of their business, which he declared was unlike any other store operating in the community. He described their store and their operation as being unusual and different explaining they offered 3,000 wines, 800 kinds of beer, over 1,200 spirits, 500 food items including cheeses, and cigars from around the world. He noted that many of the items carried in their stores were not carried in any other store in the community. He also emphasized what they did not sell and he felt that was key information about their operation. The fact that they do not sell cigarettes, lotto tickets, porno material, to list a few, nor do they have pinball machines or similar amusements available, makes their operation very different from other stores selling beer, wine and liquor. He believes that because they close earlier than other liquor stores, crime connected with their stores is low. He found in speaking with the Vice Unit of the Police Department, that most crimes come from alcohol sold after 10 p.m. He also noted that no competing business in proximity of their stores has ever gone out of business due to the opening of Beverages & More. He described their stores as well lit with 50% of their customers being female. He does not consider their operation to be a liquor store. In response to Commissioner Romero's inquiry concerning Mr. McLaren's review of the conditions, Mr. McLaren reported that he had gone over each condition with the Police Department and he agreed to them. He said condition # 20 conceming education is new to him but it is not a problem. He noted the hours were slightly different than mentioned in the report being that they intended to open one hour earlier on Saturday, making the hours on Saturday from 9 a.m. to 9 p.m. He asked that condition # 16 be clarified. He stated that no wine tasting would begin on any day before 10 a.m. He also agreed that wine tasting would not be as outlined in Condition #16. Commissioner Pruett wished to modifY Condition #16 to include that no wine tasting shall occur during the hour before closing on any day - that wine tasting should cease one hour before closing. Mr. McLaren agreed to that modification. Chair Smith opened the public hearing. Mr. Bob Bennvhoff. 10642 Moreland Drive, spoke in favor of the request. Since no one else wished to speak. Commissioner Pruett reiterated his desire the modifY condition # 16 to make sure that all tasting ceases one hour before closing each day. Chair Smith reminded the applicant that the Police Department conditions were incorporated in the Planning Commission resolution. She referred to condition #5 and asked where and what kind of tasting area would be provided. Mr. McLaren reported that no one under age 21 would be allowed in the tasting area, which will be a small confined space that ABC will inspect on a regular basis. He added that only this designated area will be licensed for tasting. 5 Planning Commission Minutes August 6, 2001 Chair Smith closed the public hearing. MOTION Moved by Commissioner Pruett and seconded by Commissioner Carlton to adopt resolution PC 23-01 approving Conditional Use Permit 2376-01 based on the findings in the resolution and subject to conditions of approval I tlrrough 26 with modification to condition #16 as follows: 16. All wine tasting shall occur during open business hours, including 10:00 A.M. to one hour before closing or 9:00 P.M., whichever is earlier. MSRa:i7' threygh Saturaay, aRa I():()() A.M. te 7:()g P.M. en SYIlGay There shall be no consumption of alcoholic beverages on the premises after closing or prior to opening. AYES: NOES: ABSTAIN: Commissioner Carlton, Pruett, Romero, Smith None None MOTION CARRIED 4. CONDITIONAL USE PERMIT 2332, ADMINISTRATIVE ADmSTMENT 00-14, AND NEGATIVE DECLARATION 1641 - ORANGE HOUSING DEVELOPMENT CORPOR-ATION AND ORANGE ROTARY. A proposal to construct a 6-unit senior apartment building. Two of the six units are proposed to be restricted to low-income senior households. The proposal includes a request for a waiver of one development standard and a request to reduce the street-site setback (along La Veta Avenue) to 8' from 10' and the minimum dimensions for required open space area to 18' from 20'. The site is located at the north side of La Veta Avenue between Olive and Lemon Streets. The subject site is zoned R-4 (MuItipIe- Family Residential) and designated "MDR" (Medium Density Residential, 15 to 24 dwelling units per acre). NOTE: Mitigated Negative Declaration 164 I has been prepared for this project in accordance with the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15070 et seq. The public review period for the Mitigated Negative Declaration is July 16 through August 6. RECOMMENDED ACTION: Adopt resolution PC 24-01 approving conditional Use Permit 2332, Administrative Adjustment 00-14, and Mitigated Negative Declaration 1641. Before the start of the public hearing on this request, Commissioner Carlton explained that she has been an active member of Orange Housing Development Corporation for the last 10 or II years, but it has been determined there is no conflict of interest because she does not have a financial or any other interest dependent on the outcome of this hearing. Chair Smith asked if anyone opposed the application and with no response, a full reading of the report was waived. Ms. Sully gave a brief introduction to the application pointing out they were entitled to one development standard waiver and they have chosen to waive the standard requiring installation of an elevator in building two or more stories because such an installation would be cost prohibitive. She also explained the administrative adjustment portion of the application. She turned the staff presentation over to Economic Development Department Director Linda Boone to be followed by Senior Planner Chris Carnes. 6 Planning Commission Minutes August 6, 2001 Ms. Boone explained her department was responsible for creating affordable housing in the City of Orange and that 20% of the revenue must be used for creating affordable housing. She stated that this project will have several layers of monitoring. Because the Economic Development Department has funds invested in the project they will be watching it along 15 members ofOHDC and 200 Rotarians who have a great interest in it. Ms. Boone noted there has not been a lot of success in the last 10 years in establishing affordable housing due to the lack of available land. The Rotarians initiated this application because they wanted to assist seniors and the City of Orange with much needed housing. She explained the difficulties they had finding a site. They teamed with Orange Housing Development Corporation (OHDC), who has built many beautiful projects in Orange, to accomplish their goal. Ms. Boone expressed her belief that the proposed project will be beautiful, will enhance the neighborhood plus providing affordable housing for seniors. Chair Smith expressed her concern with the number of administrative adjustments being requested for the project. She pointed out there were four different items in the requested administrative adjustment. She believed that since the ordinary citizen is discouraged from asking for administrative adjustments, this is not being fair to all. Ms. Boone clarified that there is no legal connection between OHDC and the City. That OHDC is an independent nonprofit organization. Ms. Boone offered two points to be considered: 1. It is mandated by State law to give special consideration to building low-cost housing and it has been a goal of the Department of Community Development for a number of years; 2. Nothing is being given up because it will be a beautiful development that the City will be proud of and would not set a precedent for housing built for the open market. Chair Smith noted that the conditions of approval require only 2 units be kept for very low-cost senior housing, but the developers are offering to maintain all 6 units for affordable housing. Ms. Boone remarked that the developers are voluntarily restricting rents of all the new dwelling units to very-low income senior housing because it is their goal to provide affordable housing and when more that 50% of the units are restricted by condition, it would trigger a State law requiring a mandatory vote by the citizens of the City of Orange, which would be costly and time consuming. Chair Smith brought up for discussion the request for waiver of the development standard that requires installation of an elevator for development of two or more stories. She inquired if it would be possible to install an elevator in the 4 unit building. Ms. Boone stated the question would be more appropriate posed to the developer or architect. Chair Smith asked the applicant to make their presentation. Applicant Warren Perschon. member of the Orange Rotary Club and representing Orange Housing Development Corporation (OHDC) explained how the project came to be and the extreme need for the housing this project will provide. He also stated that the project architect, Richard Hanson, landscape architect, Bill Cathcart, Keith Regan of the Senior Center and Eunice Bobert of OHDC were present at the meeting. 7 Planning Commission Minutes August 6, 2001 Eunice Bobert, Chief Executive Officer for OHDC, 414 E. Chapman Avenue reviewed the previous presentations made to the Planning Commission and recalled they asked for and received a continuation to redesign the project incorporating the many suggestions they had received. He was sure they now have a much better project and the Mediterranean Revival architecture is suited to the site. He stated they had dealt with the City Traffic Engineer to provide better traffic circulation, parking and improve the open space. The open space in the first presentation was not truly usable without entering the public right-of- way. The traffic circulation has improved with one-way traffic through the parking lot entering on Lemon Street and exiting on La Veta, and the parking is adequate. Responding to Commissioner Romero's question concerning the adjoining property at 48 I South Lemon Street, Mr. Bobert said the common driveway will also be used by the tenants of the adjoining property. OHDC owns this adjoining property. Commissioner Pruett questioned the traffic circulation and the applicant stated that if the Planning Commission does not approve his suggestion, they will not allow the neighboring tenant to use the driveway. Commissioner Pruett stated that it is not as it was presented and to change it now would interfere with the project dynamics. He requested the developers stay with what had been presented. Responding to Chair Smith's inquiry conceming installation of an elevator, the applicant said that it would be cost prohibitive since the elevator installation would cost about $70,000. Chair Smith wished to know how the ADA Handicap Requirements were being met. The applicant stated the first floor units are handicap accessible. He also added that all the units would be rented to seniors who were able to live unassisted, but because the corporation has access to so many senior living units they would be able to relocate anyone unable to deal with the conditions of thi~ particular project. Bill Cathcart, landscape architect for the proiect reported that he backs the project. He responded affirmatively to Chair Smith question about the plant material being fairly tidy. He said it was dealt with in the Design Review Committee. Keith Regan, Executive Director of Orange Senior Center, I 70 South Olive Street, reported that over the last 9 nine years that he has been the Executive Director, the issue of seniors in dire need of low-cost housing has come up often. He said he is contacted frequently because his e-mail address is listed on the Senior Center Web Page, and 90% of the seniors who contact him are concerned with the housing issue. He stressed the need for more senior housing. Bill Cathcart said he and Keith Regan sit on the Board of Directors for Triangle Terrace, where there are 74 units and the waiting list there is inordinately long. He felt the need for senior housing must be addressed. Ms. Sully pointed out that the project was in compliance with the City's General Plan and specifically meets Goals#3 and #5 of the Housing Element. Christopher Carnes, Senior Planner and proiect planner clarified the administrative adjustment. He explained that the 20% reduction in the street-side set back reduced the setback from 10' to 8' and the dimensional requirements of a minimum of 20' by 20' for outdoor area will be 19' by 28' instead. He stated that the only waiver asked for is for the elevator requirement. He reiterated that all three ground floor units will be accessible for handicapped people. He pointed out that all other Development Standards would be met such as building height, parking, and Old Town design standards. He also noted that final action includes 11 conditions of approval and that all units will be reserved for very low-cost senior housing. 8 Planning Commission Minutes August 6, 2001 Anne Siebert. 340 South Olive Street, which is two blocks from the proposed proiect, said she was very happy to see this development proposal. She felt it would enhance the neighborhood. She pointed out that there was a row of houses on the north side that looked like they should be demolished and she inquired if demolition was planned. She believed the parking and circulation was much improved with the new modified plan. Chair Smith asked the applicant for a closing statement and to address Ms. Siebert's inquiry. Mr. Eunice Bobert said the housing on the north property was not slated for demolition but that they planned to move the fence 5 feet back. He asked that the Planning Commission consider approval of the project. Chair Smith asked for Planning Commission comments. Commissioner Carlton commented on the rare opportunity of finding land in the City of Orange to build on. She believed this project was important for the City of Orange and said she was very much in favor of approving it. Commissioner Romero noted the narrowness of the site and he didn't think it looked like a good site for the proposed project. He preferred to see a park developed on the land instead but he said he would not oppose the project. Commissioner Pruett said it was a good fit for an unusual property. Because the OHCD has so many units, he did not think the lack of an elevator would be a major obstacle. Chair Smith feels the City should find land and talked about the need for private/public partnership(s). She agreed there is a dire need for the proposed housing but the site is too narrow and too close to La Veta Street traffic to be desirable for housing. She recalled that because La Veta Street wasn't widened, the subject site, which is too narrow, became available. She voiced her fear that approval of this project would set a precedent for other undersized sites. Chair Smith also did not think that a $70,000 cost for an elevator was insurmountable. She felt sorry the developers moved forward with this plan for a substandard site. MOTION Moved by Commissioner Pruett and seconded by Commissioner Carlton to adopt Resolution PC 24-01 approving mitigated Negative Declaration 1641-00 that allows action to be taken on Conditional Use Permit 2332-00, which approves construction of multi-family housing restricted to senior citizens. AYES: NOES: ABSTAIN: Commissioners Carlton, Pruett, Romero, Smith None None MOTION CARRIED MOTION Moved by Commissioner Pruett and seconded by Commissioner Romero to adopt resolution PC 24-01 approving Administrative Adjustment 00-14 to reduce the required street-side setback area by 20% and the minimum dimension for calculating outdoor living area by 5%, supported by the findings in the resolution. AYES: NOES: Commissioners Carlton, Pruett, Romero, Smith None 9 Planning Commission Minutes August 6, 2001 ABSTAIN None Chair Smith declared a ten-minute recess with public hearing to resume at 8:50 p.m. 5. MITIGATED NEGATIVE DECLARATION 1673, ZONE CHANGE 1209, AND MAJOR SITE PLAN REVIEW 0193 - ST. JOHN'S LUTHERAN CHURCH. A request for approval of a zone change from Office Professional (OP) and Duplex Residential (RO-2-6) to Specific Plan (SP) to accommodate a four-phase master plan for an existing church and school campus in the Old Towne Historic District. The proposed zone change would allow for a floor area ratio of .55 for the St. John's campus. Major components of the master plan requiring Major Site Plan approval include: demolition of an existing office building and construction of a new two-story, 55,500 square foot building at 450 East Chapman Avenue, demolition of an existing non-historic nursery center located at 15 I South Center Street and expansion of the adjacent historic preschool building located at 141 South Center Street and parking lot improvements. St. John's Lutheran Church is located at 154 South Shaffer Street. NOTE: Mitigated Negative Declaration 16773 has been prepared for this project in accordance with the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15070 et seq. The public review period for the Mitigated negative Declaration is July 18 through August 6, 200 I RECOMMENDED ACTION: Adopt Resolution PC 25-01 recommending to the City Council approval of: 1. Mitigated Negative Declaration 1673; 2. Zone Change 1209; and, 3. Major Site Plan Review 0193. Chair Smith asked if anyone opposed the application and with no response, stated that she still wanted a full reading of the staff report. Ms. Sully gave a synopsis of the proposal, explained its various components and pointed out the public review period on the Negative Declaration ran from July 18th through tonight's meeting. She noted the project will not significantly impact the environment. She touched on the background of the proposed project, explained Staff review and noted their comments were incorporated into the conditions of approval. The Design Review Committee, who had met twice with the Planning Commission, recommended project approval and their comments are included in the staff report. She explained the proposed project has gone through very many reviews beginning in April. She pointed out that Randy Bosch, representing the applicant, St. Johns Lutheran Church, was present at the meeting tonight along with Architect Daryl Hebenstreit, the landscape architect, traffic consultant and other project representatives. Anna Pehoushek, Senior Planner, further presented the proposal and explained the FAR requirements would be established at 55% for the proposed project. She said as the project is proposed today, the parking has been improved along with the aesthetic quality of the buildings. The four-phase master plan will be accommodated by the mitigated negative declaration, zone change and major site plan review. She stated there were 5 components to the development being proposed. They are as follows: demolition of the existing office building and construction of a new, two-story building on Chapman Avenue; demolition of an existing non-historic nursery center and expansion of the adjacent historic preschool building; a new Master Sign Program; parking lot improvements; and removal of two of the existing temporary modular classrooms. 10 Planning Commission Minutes August 6, 2001 She explained that the improved parking and traffic includes an additional 36 spaces provided in a new covered parking lot, through modification of existing parking spaces and through space gained with the demolition of the modular classrooms. Traffic will be improved due to the institution of a Traffic Demand Management Program. She also noted that conditions of approval #15, # 16, and #17 were included to help improve the traffic. In summary, she said the project is appropriate and will improve the property while it remains compatible with the surrounding area by reducing the number of existing problem conditions. Responding to Commissioner Pruett's question concerning the public review period for the Negative Declaration, Planning Manager Sully explained that the review period ended today but would include comments from tonight's meeting. Randy Bosch, 154 S. Shaffer Street, Chairman and President of the congregation of St Johns Lutheran Church, stated that for over 20 years they have been making minor changes to meet the changing needs of the church and it was evident that they now required a permanent solution to the church and school needs, which this request will provide. He reviewed the existing buildings, pointing out the architecture varies widely being different in each case. He said they respected the Old Town Historic District and the various architectural styles and they wished to preserve the residential character of the block east of Shaffer Street. He stated they would be reducing the impacts of the church on the area with the additions. He complimented the project architect, Daryl Hebenstreit for working with their democratic process since the entire congregation participated in the formulation of the project because majority rules in the congregation. Mr. Bosch introduced the following people as the team responsible for the project: Joe Foust, of Austin- Foust Associates, traffic consultants; Gary Byer, School Principal; and members of the project management team, Bill Gower and Jim Beam, both long time members of the congregation. He noted that Robert Chattel, retained by the congregation to help them understand the full historic ramifications of the project, was also present tonight. Daryl Hebenstreit. partner in Architects Orange, 144 North Orange Street, summarized the changes to the preschool made since the last joint study session and the follow-up meetings with the Design Review Committee. He noted that the landscape drawings will be completed within the next 2 to 3 weeks. He showed the elevation renderings pointing out that the north and west elevations had received eyebrow enhancements that the Design Review Committee approved. He pointed out on the renderings the various modifications that had been incorporated into the plans. He reviewed in detail, the architectural changes made on the entire project. He noted modification on the renderings for the preschool included the addition of gables along with window modifications. He referred to the awnings and noted the different building base material and explained the attic was incorporated to make the buildings more residential in character. He also explained that the parking lot side roof was made to look more residential. He reviewed modification to the roof elements at the rear of the preschool building showing that it was no longer flat. They modified the roof line and lowered the parapets making the existing historic building stand out. He pointed out the flat roof at the joining point of the new and existing buildings. He said they have scaled down the monument sign in front on Shaffer Street but retained the same size monument sign on Chapman, which he said was acceptable and recommended by the Design Review Committee. Commissioner Carlton said she was happy with the changes to the preschool and that now it had more of an old town flavor, but she was disturbed by the concrete base and the roofline that cuts off. She would like to see the new section base material and roof more in line with the existing building. 11 Planning Commission Minutes August 6, 2001 Mr. Hebenstreit described the base material as exterior plaster, not raw concrete. He stated they did not wish to try to match the existing base but planned a more contemporary finish that would blend. He also explained that the roofline of the new building was too far forward to fit into the existing building and they had made a deliberate attempt to make the existing building stand on its own. Commissioner Carlton said she appreciated Mr. Hebenstreit's comments but to her, the attempt to make the new section, not a copy of the existing, created a look more foreign. She felt the wrought iron gates were inconsistent with the architecture and that she preferred brick across the base. Mr. Hebenstreit responded that he preferred plaster but with architecture, there was always more than one answer. He stated he would gladly comply with her wishes if it would move the project forward. Commissioner Carlton said she was bothered by the incompatibility of the base and preferred brick. She thanked them for the other changes they had included in the plans. Mr.Hebenstreit, responding to Chair Smith's concern with the Transportation Management Plan and the parking, said they prepared a detailed mitigation plan for the morning arrival and afternoon departure peak period. He explained there would be three large dedicated drop-off zones: one for early childhood school; one for middle school drop-off; and one for grades 2 through 5. He further explained the drop-off zones and said they planned to stagger times by designating 7:30 a.m., 8:00 a.m. times and 2:30 p.m., 3:30 p.m. as pick up times. He explained staff would arrive earlier than the students and preschool would be starting later than other grades. He said they will meet with staff who is helping them move their plans forward. He said they are balancing drop-off zones with parking on the street and in the parking area. It is planned that staff will arrive before peak student arrival time. Responding to Chair Smith's question as to who would park in the structure, Mr. Hebenstreit said that maybe it would be staff, people participating in fellowship activities and parents. He said parking in the structure would be available to congregation on Sunday with a path leading to the sanctuary. He explained the Almond Street lot would be used exclusively for staff and one-half of the staff would park in the preschool parking lot. Therefore, one- third of the covered lot would be used by staff and the remainder would be open parking. Responding to Chair Smith's question about Sunday church parking, he offered that all parking will be available on Sundays. Chair Smith said she had suggestions to include later in the hearing. Mr. Robert Chattel addressed different infill buildings and the preschool building. He explained they used materials that followed the form and pattern of the existing buildings. He said the new base was consistent with existing buildings, just a little more contemporary. He thought the plaster links the new addition to other additions to the site and felt the subtle differences were successful. He also explained it was a common architectural solution to use a smaller, more subtle hyphen resembling a trellis, rather than extend rooflines of new and existing buildings. Chair Smith opened the public hearing. Adrienne J. Gladson, 700 East Lake Drive, #97 spoke in favor of the project, stating she couldn't be against anything that consolidated a lot of changes that needed to be done. She approved of the architecture, which she felt was compatible especially with the Ainsworth House. She referred to the parking problems, pointing out that the church and the congregation are aware of the conditions and needs. It was her belief that when a new master plan is being developed, a lot should be accomplished toward alleviating the parking problems. She also expressed the fact that the church uses City parking sites on Sunday should be formalized. She felt the deficit in parking was significant and the church being good neighbors should examine the problem at a later date. She asked that use of Center Street should be 12 Planning Commission Minutes August 6, 2001 redesigned and the Canary Island Pines [Palms] be protected. She also wanted signs for direction to church parking lots. Jeff Frankel, 384 South Orange Street, representing Old Town Preservation Association, complimented St. Johns on their fine project. He felt the new buildings were a good fit in the neighborhood and they possibly may have satisfied everyone. He thanked St. Johns on behalf of OTP A and the OTP A Board for including them in the project planning. Thomas H. Gent, 236 South Shaffer Street, said he talked with Anna Pehoushek and John Godlewski about City codes being met by St. Johns. He believes the project should be built to code_ He also felt there was a massive parking problem and it was getting worse, causing safety problems. He gave his estimation concerning the number of parking spaces the church required. He said 3,000 cars per year park next to his property. He said people will not know where to park without the church putting up parking signs. He gave his interpretation of the parking codes. In his estimation, there is not enough classroom parking and he did not want to operate a parking lot around his property. He asked that crossing guards be assigned to the area. Since no one else from the public wished to speak, Chair Smith asked that representative of the church make their closing remarks and respond to Mr. Gent. Randy Bosch said he would refer the technical questions to other members of the team and Mr. Gent's code questions concerning parking to staff. He felt St. Johns had answered every call by scheduling meetings so the neighbors could become familiar with the plans. Because not everyone could attend every meeting, they offered multiple opportunities for the neighbors to have their questions answered. He explained the church was concerned with the impacts but they can't solve impacts that were not addressed. He stated they have tried to exceed requirements and felt that with the help of staff they have done that. He was grateful for community input, in particular the Old Town Preservation Association who helped them make their design more compatible with the community; the consultants and staff were helpful in moving the project ahead. He offered to meet with Mr. Gent. He referred the technical information closing to Mr. Chattel, Mr. Hebenstreit and Joe Foust. He thanked the Commission for their advise and expressed his gratitude to the consultants and City staff. Mr. Bosch responded to Commissioner Pruett's question about the student population saying there would actually be three additional classrooms now because of the modular classrooms they would be losing. He said they were planning to ultimately have three classrooms per grade and they aim for 25 students per classroom but it varies from year to year. He said the three additional classrooms will give third classrooms to 6th, 7th and 8th grades. He expected this reconfiguration to reduce traffic across the street. Mr. Hebenstreit said the parking issue was being worked on by trying to provide as much parking as possible on the campus without destroying the numerous historical buildings on their campus. He said they are trying to achieve a balance without destroying the fabric of Shaffer Street by widening it and there is also no way to widen Center Street. He reported hey had done an Easter break traffic count finding there were 2,500 trips when school was in session 2,400 trips when school was closed. He felt the count indicated traffic was not being significantly affected by the school, but he admitted to problems with the drop-off system, which they continue to work on. Mr. Hebenstreit said they were considering starting a Saturday evening service and spacing out the Sunday services so they don't overlap. They have proposed temporary parking on the basketball field on Sunday. Great effort is being expended to meet parking needs. He stated the palms on Shaffer would remain and will be protected during construction. They were trying to be good neighbors through scheduling neighborhood meetings and adjusting their plans to meet neighbors' concerns. He said the 13 Planning Commission Minutes August 6, 200 I crosswalks will be marked and adult supervision will be present. They are working with the church, classroom staff and parents to establish crosswalk procedures. He reiterated that there will be three new classrooms and a modular classroom would be added to house the third 7"' grade classroom. The new drop-off plan will be in effect at the beginning of the new school year and they are being proactive in their efforts to solve problems. Chair Smith inquired about the Canary Island Pines and Mr. Hebenstreit clarified they were palms and would be protected. Chair Smith said she thought the trees are in the parkway, and as such they are the City's responsibility. She will seek clarification. In response to Chair Smith's question about the zone change, Ms Sully said that the zone change is necessary in order to implement the Specific Plan and that the Specific Plan addresses the change in code. She referred to pages 5-5 and 5-6 of the staff report, stating the Specific Plan will establish new development standards that will be abided by, which is the full intent of the Specific Plan. Commissioner Romero questioned the code brought up by Mr. Gent and Mr. Hebenstreit said the proposed project is meeting the requirements. He said they do use the City parking on Sundays and they would like to enter into an agreement with the City concerning the parking. He said they are also trying to solve the school parking problems but they cannot do anything about the large parking deficit related to church use. Chair Smith closed the public hearing. She also asked the public to discuss other concerns with staff and she suggested that Mr. Gent meet with staff later to discuss his problems since it is complicated process to compute the parking numbers. Chair Smith referred to the three actions that need to be addressed: Mitigated Negative Declaration 1673; Zone Change 1209; and Major Site Plan Review 0193. Commissioner Carlton said she thought overall it is a good plan but she feels very strongly about the base of the new preschool addition. She felt that if an owner of a residence in the area proposed a plaster base, it would not be granted. She felt it was not similar to brick and she requested that a condition be added to require brick be used where plaster is designated. Commissioner Pruett complimented the applicant on the work that was done. He stated he was impressed with the manner in which the applicant listened to the community and responded. He was pleased with the project and did not share Commissioner Carlton's concern with the preschool base. He felt that technically it is an addition to the existing building but the approach is that they are two separate structures. He is very impressed with the treatment to the building front. He believes the difference is good, it was a well thought-out concept and it addresses the issues that were presented. Commissioner Romero stated he was pleased with the project and he complimented the applicant concerning the project changes that were instituted, their willingness to listen to and the efforts they made to appease the neighbors and the varying factions of the community that have a large interest in what is being done. Chair Smith said she felt it was a wonderful plan. She noted the church community worked hard and spared no expense on the project. She said it was a wonderful collaboration. Chair Smith also explained that she lives on Shaffer and has for the past twenty-five years although not close enough to the church for there to be a conflict of interest. She explained that she had some parking suggestions that perhaps could be included in the Traffic Management Plan: first, do not drive in the area 14 Planning Commission Minutes August 6, 2001 during peak traffic times, and she asked people to park close to the curb especially those with large vehicles; secondly she asked that people be watchful when they pull out of a parking space; third she thought crossing guards wearing very large white gloves for giving directions would be a good improvement; and fourth, she suggested added incentives be offered to those who use the parking structure. She also made the comment that all activities have been set up with the idea of avoiding the south side of Almond Street. She said that she and many people in the community appreciated their effort to not disturb the residential area. She knows St. Johns has the means to purchase that property for a parking lot. Although she is not a proponent of parking structures, she agreed with the one on the campus because it is preserving the residential neighborhood. She noted that Shaffer and Center Streets were very busy and she thought sometimes people used those streets as short cuts. Chair Smith also suggested that other churches in the area have staggered hours and worked hard to mitigate the traffic. She thought perhaps it might benefit St Johns to meet with them to find out what the other churches are doing to make their systems work. Chair Smith asked staff to meet with Mr. Gent to explain the codes. Chair Smith mentioned that trash is always a problem in Old Town and she urged the community to put out inconspicuous trash containers if possible. She reiterated her feelings that the project was beautiful and called for last comments from the Planning Commissioners. Commissioner Pruett added that he thought the traffic issue on Shaffer was a small problem and maybe it is beneficial in that the ability to drive fast on Shaffer is not really desirable. Chair Smith said that opening car doors on the street side is a dangerous thing and she asked that people use the sidewalk side of the car to enter and exit. Commissioner Carlton said she would not withhold approval of the project, because she disagreed with Mr. Chattel's opinion about the brick base, which she felt would look better than the plaster. She stated for the record that she feels the project is outstanding. MOTION Moved by Commissioner Pruett and seconded by Chair Smith to adopt Resolution PC 25-0 I recommending to City Council approval of: 1) Mitigated Negative Declaration 1673; 2) Zone Change 1209; and 3) Major Site Plan Review 0193 with the findings supporting the motion stated in the resolution and conditions of approval #1 through #24. AYES: NOES: ABSTAIN: CARRIED Chair Smith thanked the audience for their patience. agenda matters, but there was none. Commissioners Carlton, Pruett, Romero, Smith None None MOTION She called for public comment pertaining to non- IN RE: ADJOURMENT Moved by Commissioner Pruett and seconded by Commissioner Carlton to adjourn to a Joint Design Review Committee Meeting/Planning Commission Study Session on Wednesday, August 8, 2001 at 5:30 p.m. The meeting adjourned at 10:25 p.m. AYES: NOES: ABSTAIN: Commissioners Carlton, Pruett, Romero, Smith None None MOTION CARRIED 15