February 11, No new items will be considered after 11:00 p.m. unless unanimously agreed upon by the Commission.
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1 CITY OF YORBA LINDA PLANNING COMMISSION MEETING MINUTES February 11, 2015 The February 11, 2015 regularly scheduled meeting of the Yorba Linda Planning Commission was called to order at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda, California. No new items will be considered after 11:00 p.m. unless unanimously agreed upon by the Commission. PLEDGE OF ALLEGIANCE Commissioner Brown ROLL CALL PRESENT: APPROVAL OF THE MINUTES. PUBLIC COMMENTS. WAIVE READING IN FULL OF ALL RESOLUTIONS ON THE AGENDA A motion was made by Lyons, second Brown, to waive reading in full all resolutions on the agenda. The motion carried (4 0, absent ) with the following roll call vote:
2 Page 2 PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING RE: CONDITIONAL USE PERMIT(ZA) CHOE: A request to construct a 316 square foot second story balcony along the rear (south) elevation on an existing 4,502 square foot twostory single family residence for the property addressed as Blue Spruce Lane, located off of Valley View Avenue, east of Red Pine Road in the Vista Del Verde P.D. (Planned Development) Zone. (APN: ) CEQA STATUS: Categorical Exemption (Class 1) RECOMMENDATION: To adopt a resolution approving the project. Previously this matter was reviewed by the Zoning Administrator on December 10, 2014, who determined that the general public interest relative to this request warrants referral of the matter to the Planning Commission for review and determination pursuant to Section B of the Yorba Linda Zoning Code. A staff report was given by Jamie Smith, Assistant Planner. The Chair Pro Tem reopened the public hearing and public comments. Commissioner Brown noted there was a change in the resolution and this was confirmed by Director Harris. Angie Contreras, representing her parents Zosimoe and Yolanda Contreras, neighbors adjacent to the subject property, requested a continuance as her parents are out of the country. Frances Choe, applicant, stated that all neighbors have a right to privacy. The Chair Pro Tem closed the public hearing and public comments. A motion was made by Lyons, second Brown, to adopt Resolution No approving Conditional Use Permit (ZA) Choe, subject to the conditions of approval. The motion carried (4 0, absent ) with the following roll call vote: Staff stated this decision can be appealed to the City Council within 15 days through the City Clerk's Office.
3 Page 3 2. CONTINUED PUBLIC HEARING RE: CONDITIONAL USE PERMIT AND DESIGN REVIEW VERIZON WIRELESS: A request to modify an existing unstaffed wireless telecommunications facility by replacing three (3) existing four foot (4 ) high antennas with three (3) new six foot high antennas located on the existing of a 45-foot high monopole antenna array designed to appear as a faux pine tree and associated ground mounted equipment located within a 720 square foot tenant space within the existing 19,000 square foot adjacent industrial building on the property addressed as La Palma Avenue located on the north side of La Palma Avenue and east of Via Lomas De Yorba East, the wireless cell tower located in the parkway behind an existing industrial building facing La Palma Avenue, in the M-1 (Light Industrial) zone. (APN: ) CEQA STATUS: Categorical Exemption (Class 1, Existing Facilities) RECOMMENDATION: To adopt a resolution approving the project. Applicant requesting continuance to March 11, The applicant has requested that this item be continued to March 11, A brief staff report was given by Greg Rehmer, Senior Planner. The Chair Pro Tem opened the public hearing and public comments. There were no public speakers at this time. A motion was made by Lyons, second Mole, to continue the public hearing to a date certain, the meeting of March 11, The motion carried (4 0, absent ) with the following roll call vote: 3. PUBLIC HEARING RE: CONDITIONAL USE PERMIT & DESIGN REVIEW VERIZON WIRELESS: A request to construct and operate a wireless telecommunications facility by removing an existing public street light and replacing it with a new street light designed to support an antenna array mounted in a 24 diameter radome shield on the street light standard above the light fixture, with the equipment cabinets located in above-ground boxes within the city sidewalks and horse trails, the project located within the Paseo De Las Palomas Road right-of-way, at the corner of Paseo Del Prado, within the Eastlake Village (PD) zone. (APN: N/A as project in street ROW) CEQA STATUS: Categorical Exemption (Class 32)
4 Page 4 RECOMMENDATION: To adopt a resolution denying the project The applicant has requested continuance to a date uncertain. A staff report was given by Greg Rehmer, Senior Planner. The Chair Pro Tem opened the public hearing and public comments. Joseph Cusmano, Eastlake resident, spoke in opposition to the installation of the Verizon equipment. Jake Jakobson spoke in opposition to the installation of the Verizon equipment. Gary Sterzer spoke in opposition to the installation of the Verizon equipment. Commissioner Mole confirmed that the reason for the location on this subject site was to cover "gaps" in the Verizon coverage area. and that Verizon provided photo simulations of what the equipment would look like. Commissioner Brown confirmed that additional equipment will be installed on the equestrian trail. A motion was made by Brown, second Lyons, to continue the public hearing to a date uncertain. The motion carried (4 0, absent ) with the following roll call vote: 4. PUBLIC HEARING RE: CONDITIONAL USE PERMIT BOWEN: A request to construct a second floor room addition to an existing two-story single-family residence, including a thirteen (13) square foot balcony expansion, the area of second story construction within seventy feet (70 ) of another dwelling, for the property addressed as Rosebud Drive, located south of Bastanchury Road and east of Prospect Avenue, within the RE (Residential Estate) zone. (APN: ) CEQA STATUS: Categorical Exemption (Class 1, Existing Facilities) RECOMMENDATION: To adopt a resolution approving the project A staff report was given by Greg Rehmer, Senior Planner. A PowerPoint Presentation was displayed. The Chair Pro Tem opened the public hearing and public comments. Matthew Bowen, applicant, stated he had read the conditions of approval and was in agreement with them.
5 Page 5 The Chair Pro Tem closed public comments and the public hearing. A motion was made by Brown, second Mole, to adopt Resolution No approving Conditional Use Permit , with conditions. The motion carried (4 0, absent ) with the following roll call vote: Staff stated this decision can be appealed to the City Council within 15 days through the City Clerk's Office. 5. PUBLIC HEARING RE: CONDITIONAL USE PERMIT : CHESTER: A request to construct a 1,990 square foot addition to an existing two-story single-family residence. The addition includes a 1,227 square foot second floor addition consisting of a deck attached to a new master bedroom and retreat. The existing residence is located within seventy feet (70 ) of another residence which requires approval of a Conditional Use Permit for the proposed second story addition. The project site is addressed as Felipa Road, and is located north of Yorba Linda Boulevard, east of San Antonio Road and on the north side of Felipa Road Dominquez Ranch Planned Development (PD) (APN: ). CEQA STATUS: Categorical Exemption (Class: 3, New Construction) RECOMMENDATION: To adopt a resolution approving the project. A staff report was given by Shawnika Johnson, Associate Planner. A PowerPoint Presentation was displayed. The Chair Pro Tem opened the public hearing and public comments. Ron Chester, applicant, stated he read the conditions of approval and was in agreement with them. He stated he spoke with his neighbors and they were in full support. The Chair Pro Tem closed public comments and the public hearing. A motion was made by Mole, second Brown, to adopt Resolution No approving Conditional Use Permit , with conditions. The motion carried (4 0, absent ) with the following roll call vote:
6 Page 6 Staff stated this decision can be appealed to the City Council within 15 days through the City Clerk's Office. PRESENTATION 6. NOTICE OF PLANNING COMMISSION STUDY SESSION REGARDING THE YORBA LINDA TOWN CENTER RETAIL PROJECT: The Yorba Linda Planning Commission will conduct a study session to review the architectural design and site planning for the Yorba Linda Town Center Retail Project, a proposed commercial, retail, restaurant and entertainment center within the Town Center Commercial District of the Yorba Linda Town Center Specific Plan. The project applicant, Zelman Retail Partners, will present the project s conceptual architectural plans, site plan, and preliminary grading for review and comment by the Planning Commission, residents and community stakeholders. A staff report was given by David Brantley, Principal Planner. He provided an overview of the relationship with the Zelman Group for development of the City's downtown area. He spoke about the private and public land use matters, tenant leasing and occupancy, and the land use approval process. This will be an opportunity for the Planning Commission to provide early feedback and commentary on the proposed project. The first official public hearing will be tentatively scheduled for May 6, 2015 and City Council public hearing on May 26, Mr. Foy, representing the Zelman Group, provided a progress update of the project. A PowerPoint Presentation was displayed. Mr. Foy spoke about potential tenants and food uses and showed various elevations and site plans. In response to Commissioner Lyons, Mr. Foy confirmed that the project would not be mixed use commercial/residential. In response to Commissioner Mole, Mr. Foy stated there will be a mix of restaurants and retail tenants. In response to Chair Pro Tem Pease, Mr. Foy stated they may consider an area for outdoor performances and/or music. In response to Commissioner Brown, Mr. Foy spoke about the concepts for the highend movie theater and the features it will offer. He also stated the entire site is approximately 10 acres and will feature water conservation mitigation measures and NPDES compliance. Commissioner Brown also requested drought resistant landscaping. Mr. Foy discussed the ingress/egress for the entire project proposal. Rick Overley, project architect, spoke regarding the circulation of the project. The parking structure will be open parking and not metered. There will be approximately 320 parking spots (approximately 100 per level). The parking structure allows more flexibility for the tenants and a pedestrian friendly environment. It will be an open parking structure compliant with existing codes.
7 Page 7 Commissioner Mole expressed concerns with the east bound traffic on Yorba Linda Boulevard in relations to the project. Mr. Foy and staff responded that Lakeview is being widened currently and a traffic analysis is being prepared as part of the EIR. There will also be a joint study session with the Traffic Commission on this project. Mr. Foy stated there will be a plaza with kiosks and it could possibly feature a fountain or a signature tree. They are also looking at a main street type of architecture. A pedestrian transition plan between the project and Main Street was also discussed. Commissioner Mole expressed support for the upscale restaurants in the community. He also expressed that the proposed large wall of the movie theatre building on Lakeview is a concern and the parking structure needs to be tied in correctly to fit with the feel of the community. The Chair Pro Tem opened public comments. Daniel Pietenpol expressed concerns that he could not turn into the project from south bound Imperial. Staff confirmed there will be an entrance from east bound Yorba Linda Boulevard. The Traffic Commission will be reviewing this project in a public hearing and there will be a full Environmental Impact Report and Traffic analysis. Carol Hugh made several inquiries including questioning which homes would be removed on Lakeview, a request to fix the no right-turn on red restrictions from Lakeview onto Yorba Linda Boulevard, and the status of the market on Lemon Street and its potential impact on any new market in the Towne Center. Chair Pro Tem Pease thanked the presenters and thanked the audience for their participation. In response to Director Harris request for specific direction the Commissioners referenced a preference for open space for performances/music, shade trees in the landscaping, a possibility for having the parking structure below grade, and the facilitation of walking access from one area to another within the project in order to avoid traffic. Commissioner Brown inquired whether the movie theater would appeal to families with children and Mr. Foy further explained the movie theater concept. OLD BUSINESS 7. VACATION/SHORT-TERM RENTALS AND WHAT CITIES ARE DOING ABOUT IT A staff report was given by Jamie Smith, Assistant Planner. She provided a brief overview of a webinar she attended on this subject. A variety of professionals examined the issue from a variety of perspectives including, permitting, residency, mitigation measures, and property owners needing to be on-site. In addition, the drafting of regulatory ordinances was discussed.
8 Page 8 Chair Pro Tem Pease requested electronic copies of the slides that were provided to the Commission on this subject. In response to an inquiry from Commissioner Lyon, staff noted that TBID likely refers to a type of business improvement district. In response to an inquiry from Commissioner Mole, Ms. Smith stated that there are only one or two currently operating in the City of Yorba Linda that staff is aware of. A motion was made by Lyons, second Brown, to receive and file the report. The motion carried (4 0, absent ) with the following roll call vote: NEW BUSINESS 8. GOVERNMENT CODE FINDING RE: EASEMENT ACQUISITION FOR SANTA ANA RIVER REACH 9 PHASE 5A PROJECT - ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) A staff report was given by David Brantley, Principal Planner. A PowerPoint Presentation was displayed. He stated that this action is consistent with the City s General Plan. In response to an inquiry from Commissioner Mole, Mr. Brantley stated that the easements are temporary for the purpose of construction and the stream bank improvements are not encroaching upon the City s right of way. A motion was made by Lyons, second Pease, to adopt Resolution No to make the General Plan Conformity finding. The motion carried (4 0, absent ) with the following roll call vote: DIRECTOR S REPORT Reported as follows: 1. Cancelation of the February 25, 2015 meeting in light of the lack of public hearings. 2. A status report was given on the Etco Homes proposal, and a revised project is anticipated. 3. The Savi Ranch study will return on March 11, An update on the County of Orange Esperanza Hills project. At the February 17 City Council meeting the General Plan consultants will present comments on the Final EIR.
9 Page 9 6. Requested that Municipal Code books be returned to City Hall for updating. 7. Commissioner Lyons requested the City Attorney advice as to the rights are with regard to going to the Esperanza Hills meeting. City Attorney Garibaldi stated that there is an exception to the Brown Act that allows for legislative body members to attend other public meetings, however, there is a caveat that if a majority of the body were to comment, it may give rise to potential violations. 8. National APA conference will be held on April 18-21, and SCAG General Assembly will be held on May 7-8. A motion was made by Lyons, second Brown, to adjourn tonight s meeting to the meeting of March 11, 2015, canceling the February 25, 2015 meeting. The motion carried (4 0, absent ) with the following roll call vote: COMMISSIONER COMMENTS Commissioner Brown encouraged by the Town Center presentation. He stated concerns about traffic flow and that the proposed wall will be unsightly. CORRESPONDENCE RECEIVED Reference was made to a Planning-related handbook that was received in the Commissioner s packets. ADJOURNMENT The meeting was adjourned at 8:54 p.m. to the next regular meeting on February 11, 2015, 6:30 p.m. STEVEN K. HARRIS, AICP DIRECTOR OF COMMUNITY DEVELOPMENT
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