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Home My WebLink AboutA - 05-13-19_MINUTES1 PLANNING COMMISSION MINUTES May 13, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA May 13, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:46 P.M. ATTENDANCE COMMISSIONERS Present: DAVID BENAVIDES ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN (left at 9:48 p.m.) FELIX RIVERA COMMISSIONERS Absent: ERIC ALDERETE PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items):  James Kendrick, General Plan needs to be updated. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF APRIL 22, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A-1 2 PLANNING COMMISSION MINUTES May 13, 2019 B. EXCUSED ABSENCES MOTION: Excuse absent Commissioners: Alderete MOTION: Nguyen SECOND: Benavides VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS *Item No. 6 was considered out of order. 6. AMENDMENT APPLICATION NO. 2019-02 TO CHANGE THE ZONING DESIGNATION FROM LIGHT MANUFACTURING (M-1) TO GENERAL COMMERCIAL (C-2), CONDITIONAL USE PERMIT NO. 2019-12 TO ALLOW AFTER-HOUR OPERATIONS, AND VARIANCE NO. 2019-01 TO ALLOW AN ADDITIONAL MONUMENT SIGN FOR THE PROPERTY LOCATED AT 1904 W. FIRST STREET (7-ELEVEN) IN THE LIGHT INDUSTRIAL (M-1) ZONE Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding surveillance, lighting, and site plan. Chair McLoughlin opened the Public Hearing. Ben Steckler, representing 7-Eleven, Inc., spoke in support of the matter; however, expressed concern regarding the conditions of approval relating to site access on Daisy Avenue, location of trash enclosure, delivery hours, and height of monument sign. Answered Commission questions regarding surveillance and gasoline storage tanks. The following individuals spoke in support of the matter.  Maria Torres  Gloria Torres  Sandra Obando  Maricela Garcia A-2 3 PLANNING COMMISSION MINUTES May 13, 2019  Balbina Delgado  Sherrie Olson The following spoke in opposition of the matter.  Diego Zarate The applicant responded to concern regarding safety and increased traffic. There were no other speakers and the Public Hearing was closed. Commission generally agreed that staff should work with the applicant to address concerns regarding the conditions of approval. MOTION: Continue the matter until May 28, 2019. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 1. CONDITIONAL USE PERMIT NO. 2019-13 TO ALLOW DRIVE-THROUGH WINDOW SERVICE, CONDITIONAL USE PERMIT NO. 2019-14 TO ALLOW AFTER-HOURS OPERATIONS, AND 2019-17 TO ALLOW WALK-UP WINDOW SERVICE FOR A NEW RESTAURANT (IN-N-OUT BURGERS) LOCATED AT 815 NORTH BRISTOL STREET IN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP-1) ZONE Staff requested the matter be continued. MOTION: Continue the matter until May 28, 2019. MOTION: Benavides SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 2. REGIONAL PLANNED SIGN PROGRAM NO. 2018-01 AS CONDITIONED TO ALLOW A-3 4 PLANNING COMMISSION MINUTES May 13, 2019 THE CONSTRUCTION OF A VARIETY OF TEMPORARY AND PERMANENT SIGNS AT THE EXISTING DISCOVERY CUBE OF ORANGE COUNTY LOCATED AT 2500 NORTH MAIN STREET IN THE SPECIFIC DEVELOPMENT NO. 65 (SD-65) ZONE Mark McLoughlin disclosed he discussed the project with the applicant. Case Planner Fregoso provided a staff presentation. Commission discussion ensued regarding digital signs and the conditions of approval. Chair McLoughlin opened the Public Hearing. Kellee Preston, representing the Discovery Cube, spoke in support of the matter; however, concern was expressed in regarding the conditions of approval relating to inflatables, signage location, and signage for public service announcements. Commission discussion ensued regarding inflatable sign standards, marketing tools utilized by the Cube, and the possibility of incorporating “City of Santa Ana” onto permanent signage. There were no other speakers and the hearing was closed. Commissioner Nguyen moved to approve the item as recommended. Co mmissioner Cano made a friendly amendment to modify condition no. 7 to allow inflatable signs for a maximum of four months per year, and to remove condition no. 9. Commissioner Benavides further amended the motion to modify condition no. 5 to incorporate “City of Santa Ana” into any new permanent signage. Commissioner Nguyen accepted the amendments. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING REGIONAL PLANNED SIGN PROGRAM NO. 2018 -01 AS CONDITIONED FOR THE DISCOVERY CUBE OF ORANGE COUNTY DEVELOPMENT LOCATED AT 2500 NORTH MAIN STREET with the following modifications to the conditions of approval: 1. Condition No. 5: The electronic reader board sign shall incorporate “City of Santa Ana”, “Santa Ana” or the City logo into its electronic messaging. Further, the Project Name signage (Sign No. 7) shall incorporate “Santa Ana” into the permanent signage; 2. Condition No. 7: Roof top inflatables shall be permitted for a maximum of four months on the premises, subject to City review and approval; and 3. Condition No. 9: Sign No. 3 as shown on the proposed RPSG shall be removed. MOTION: Nguyen SECOND: Cano VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) A-4 5 PLANNING COMMISSION MINUTES May 13, 2019 ABSENT: Alderete (1) 3. GENERAL PLAN AMENDMENT NO. 2019-01 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL (LR) TO URBAN NEIGHBORHOOD (UN) AND TO UPDATE TEXT PORTIONS OF THE CITY’S LAND USE ELEMENT TO REFLECT THIS CHANGE, AND AMENDMENT APPLICATION NO. 2019 - 01 TO REZONE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) IN ORDER TO FACILITATE THE CONSTRUCTION OF A 226-UNIT MULTIPLE FAMILY RESIDENTIAL COMMUNITY LOCATED AT 651 WEST SUNFLOWER AVENUE The following disclosures were made.  Vice Chair Contreras-Leo – met with the applicant.  Commissioners Benavides – met with the applicant.  Commissioner Rivera – met with the applicant.  Chair McLoughlin - communicated with the applicant via text.  Commissioner Nguyen – was contacted by the applicant via text, but did not respond. Case Planner Orozco provided a staff presentation. Commission discussion ensued regarding on-site parking and Taft Elementary access. Written Communication in opposition of the matter was received by the following individuals.  Dale Helvig  Brian Flynn  Richard Drury  Komalpreet Toor Written Communication in support of the matter was received by the following individuals.  Alek Friedman  Diane Pritchett  Shawn Lawrence  Emily Benedick  Paul Julian  Orin Williams Chair McLoughlin opened the Public Hearing. Tim O’Brien, representing Legacy Partners, spoke in support of the matter and addressed Commission’s questions regarding underground utilities. The following individuals spoke in support of the matter.  Lora Miller A-5 6 PLANNING COMMISSION MINUTES May 13, 2019  Brian Heney  Terry Miller  Tammy Frias  Alex Vallejo  Shaw Lawrence The following individuals spoke in opposition to the matter.  Judy Edge  Dale Helvig There were no other speakers and the hearing was closed. Commission discussion ensued regarding ingress and egress and the adequacy of the Mitigated Negative Declaration. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING TO THE CITY COUNCIL APPROVAL/ADOPTION OF THE FOLLOWING: (1) MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2018-75) AND A MITIGATION MONITORING AND REPORTING PROGRAM; (2) GENERAL PLAN AMENDMENT NO. 2019-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW -DENSITY RESIDENTIAL TO URBAN NEIGHBORHOOD; AND (3) AMENDMENT APPLICATION NO. 2019-01 TO REDESIGNATE THE ZONING DISTRICT FROM SINGLE-FAMILY RESIDENCE TO SPECIFIC DEVELOPMENT NO. 94 FOR THE PROJECT LOCATED AT 651 WEST SUNFLOWER AVENUE MOTION: Benavides SECOND: Nguyen VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 4. MITIGATED NEGATIVE DECLARATION NO. 2015-14, GENERAL PLAN AMENDMENT NO. 2017-03, TENTATIVE TRACT MAP NO. 2017-04, AND VARIANCE NO. 2017-10 TO ALLOW THE CONSTRUCTION OF 17 RESIDENTIAL TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE IN THE TWO-FAMILY RESIDENTIAL (R-2) ZONING DISTRICT Case Planner Kelaher provided a staff presentation. A-6 7 PLANNING COMMISSION MINUTES May 13, 2019 Commission discussion ensued regarding parking, community outreach, and project design. Chair McLoughlin opened the Public Hearing. Colleen Bathgate, representing Haphan Group, Inc. spoke in support of the matter and addressed Commission’s questions regarding parking. The following individuals spoke in support of the matter.  Chris Schmidt  Dale Helvig There were no other speakers and the hearing was closed. Commissioner Cano expressed concern with overflow parking into the adjacent neighborhood. Requested that a parking program be implemented which requires residents to place a parking sticker on their vehicle s to ensure they are not parking in the adjacent neighborhood, and that a security guard patrol the area to enforce the program. Applicant expressed willingness to implement the parking sticker program but indicated the costs associated with the security guard would be passed on to the homeowners. MOTION: Adopt resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING TO THE CITY COUNCIL APPROVAL/ADOPTION OF THE FOLLOWING: (1) MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2015-14) AND A MITIGATION MONITORING AND REPORTING PROGRAM; (2) GENERAL PLAN AMENDMENT NO. 2017-03; (3) TENTATIVE TRACT MAP NO. 2017-04; AND (4) VARIANCE NO. 2017-10 FOR THE TOWNHOME PROJECT LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE RECOMMENDING THAT CITY COUNCIL with the following addition to the conditions of approval: 1). The parking management plan shall include provisions that residents place a parking sticker on their vehicle(s). MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 5. APPEAL NO. 2019-01 OF MINOR EXCEPTION NO. 2019-02 TO ALLOW AN INCREASE IN THE HEIGHT OF THE FRONT YARD FENCE FROM THREE FEET TO FOUR FEET FOR THE PROPERTY LOCATED AT 1105 S. FLINTRIDGE DRIVE IN THE SINGLE - FAMILY RESIDENTIAL (R-1) ZONE A-7 8 PLANNING COMMISSION MINUTES May 13, 2019 Commission Nguyen disclosed the applicant contacted him. Case Planner Fregoso provided a staff presentation. Chair McLoughlin opened the Public Hearing. Long Nguyen, homeowner, spoke in support of the matter. Letter of support from appellant, Jimmy Ly, was distributed to the Commission There were no other speakers and the hearing was closed. MOTION: Adopt a resolution reversing the decision of the Zoning Administrator A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2019-01 TO APPROVE MINOR EXCEPTION 2019-02 TO ALLOW A FOUR-FOOT-HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE. MOTION: Benavides SECOND: Nguyen VOTE: AYES: Benavides and Nguyen (2) NOES: Cano, Contreras-Leo, McLoughlin, Rivera (4) ABSTAIN: None (0) ABSENT: Alderete (1) *Motion fails. MOTION: Adopt a resolution affirming the decision of the Zoning Administrator A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2019-01 AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR TO DENY MINOR EXCEPTION 2019-02 TO ALLOW A FOUR-FOOT- HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: Benavides and Nguyen (2) ABSTAIN: None (0) ABSENT: Alderete (1) 7. ADDENDUM TO THE ENVIRONMENT IMPACT REPORT FOR THE FASHION SQUARE A-8 9 PLANNING COMMISSION MINUTES May 13, 2019 COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) AND RE-ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM, AMENDMENT APPLICATION NO. 2018-04 TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO SPECIFIC PLAN NO. 4 (SP-4), TENTATIVE PARCEL MAP NO. 2018-01 TO SUBDIVIDE THE SITE INTO 10 PARCELS; AND DEVELOPMENT AGREEMENT NO. 2018-02 TO ALLOW MIXED-USE DEVELOPMENT AT MAINPLACE MALL WITH COMMERCIAL, OFFICE, HOTEL, AND RESIDENTIAL USES LOCATED AT 2800 N. MAIN STREET IN THE GENERAL COMMERCIAL (C-2) ZONE All Commissioners disclosed that the applicant contacted them to discuss the project. Case Planner Pezeshkpour provided a staff presentation Jennifer Lynch, representing BBK, stated that Section 2 of the resolution be amended to read as: Section 2. The Planning Commission has independently reviewed and analyzed the draft Addendum to the Environmental Impact Report for the Fashion Square Commercial Center Project (SCH No. 1983021103) and Mitigation Monitoring and Reporting Program. The Addendum and Mitigation Monitoring and Reporting Program are included as Attachment A to the Request for Planning Commission Action dated May 13, 2019 for the project. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The Planning Commission has reviewed and considered the 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the MainPlace Project. The Planning Commission further finds that the 2019 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. Written communication in support of the matter was received by the following individuals:  Genevieve Barrios Southgate, Bowers Museum  Ryan Martin, Jack Fisher Park Neighborhood Association  Michael Ekstrom  Carolyn Cavecche, Orange County Taxpayers Association  David Elliot, Santa Ana Chamber of Commerce  Gerry Serrano, Santa Ana Police Officer’s Association  Eric Scandrett  Marie Morgan  Sandra Ferguson  Shannon Tripp  Brent Stoll  Nanci & Kevin Zinngrabe  Christine Switzer  Daniel Kreutek  Daniel Ortiz  Lucia Song  David Gomberg  Earl McCoubrey  Genelle Johnson  Daniel (last name not provided)  Michael (last name not provided)  James Kendrick  Mayra Rangel  Shaun Guertin (submitted two letters)  Dave Hoen A-9 2 PLANNING COMMISSION MINUTES May 13, 2019  Jenny (last name not provided)  Karen Keaton  Donna Duffy  Kathy De Santis  Shane Swerdlow  David Benavides  Lisandro Orozco  Zeke Hernandez, League of United Latin American Citizens  Christina Dorsa-Smith (submitted two letters)  Diane Fradkin  Barbara Russell (submitted two letters)  Kimberly Chavalas Cripe, CHOC Hospital  David Brockmeier  Christina Dorsa-Smith, Morrison Park Neighborhood Association  Andrew Tran  Dan Phu, OCTA Written communication in opposition of the matter was received by the following individuals:  Lisa Ganz  Nicholas Whipps, Southwest Regional Council of Carpenters Chair McLoughlin opened the Public Hearing. The following individuals spoke in support of the matter.  Diane Fradkin  Jason Queen  Eric Scandrett  James Kendrick  Dale Helvig  Ryan Murphy  Chris Schmidt  Christina Dorsa The following individual spoke in opposition of the matter.  Rebecca Davis The following individual made a general statement.  Sue Thornton There were no other speakers and the hearing was closed. Commission discussion ensued regarding open space and the possibility of directing park impact fees to Santiago Park. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AND RECOMMENDING TO THE CITY COUNCIL APPROVAL/ADOPTION OF THE FOLLOWING: (1) ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT A-10 2 PLANNING COMMISSION MINUTES May 13, 2019 REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) AND RE-ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM, (2) AMENDMENT APPLICATION NO. 2018 -04; (3) DEVELOPMENT AGREEMENT NO. 2018-02; AND (4) TENTATIVE PARCEL MAP NO. 2019-01 FOR THE PROJECT LOCATED AT 2800 N. MAIN STREET with the following addition to the conditions of approval: 1). Park Impact fees shall be directed to Santiago Park. MOTION: Benavides SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Nguyen (2) 8. ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND SEVERAL SECTIONS OF THE TRANSIT ZONING CODE (SD NO. 84) INCLUDING MODIFICATION TO HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING MOTION: Continue the item to an adjourned meeting on May 14, 2019. MOTION: McLoughlin SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Nguyen (2) 11:13 P.M. ADJOURNMENT – Adjourn to May 14, 2019 at 5:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. A-11