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HomeMy WebLinkAbout08/12/2008MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA August 11, 2008 CALLED TO ORDER: 5:40 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Harvey De La Torre, Vice Chair Eric Alderete Victoria Betancourt James Gartner Christopher Leo, Chairman Sean H. Mill Patrick Yrarrazaval STAFF PRESENT: Karen Haluza, Planning Manager Ben Kaufman, Chief Assistant City Attorney Itzia Heredia, Acting Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIR LEO CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar Items: with modifications to the minutes. MOTION: Mill SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of July 28, 2008. Commissioner Mill clarified his substitute motion for item number two (2), on page seven (7). His motion was to continue item for two weeks or until a finalized agreement was reached with the Santa Ana Unified School District. Commissioner Alderete abstained on the Minutes. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the July 28, 2008 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on July 24, 2008 at 3:16 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. Planning Commission Minutes 1 August 12, 2008 C. CODE OF ETHICS AND CONDUCT Amendment to the City Charter of the City of Santa Ana adopting a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions and committees. RECOMMENDATION: Receive and file Council approved Code of Ethics and Conduct, and Certification Form. 1 * * * END OF CONSENT CALENDAR BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. E. ELECTION OF OFFICERS FOR COMMISSION (a) Elect Chair of the Planning Commission for 2008 - 2009. (b) Elect Vice Chair of the Planning Commission for 2008 - 2009. (c) Appoint a Planning Commission Representative to the Historic Resources Commission for 2008 - 2009. 1 1 MOTION: Elect Commissioner Leo as Chairperson effective August 25, 2008 MOTION: Gartner VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Mill Alderete, Betancourt, Yrarrazaval (7) None (0) None (0) None (0) De La Torre, Gartner, Leo, Mill, MOTION: Elect Commissioner Eric Alderete as Vice Chairperson effective August 25, 2008. MOTION: De La Torre VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Betancourt Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Yrarrazaval (7) None (0) None (0) None (0) MOTION: Continue appointment of Planning Commission representative to the Historic Resource Commission to August 25, 2008. MOTION: Leo VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: De La Torre Alderete, Betancourt, De Yrarrazaval (7) None (0) None (0) None (0) La Torre, Gartner, Leo, Mill, Planning Commission Minutes 2 August 12, 2008 PROCEDURAL RULES PUBLIC HEARINGS AMENDMENT APPLICATION NO. 2008-06, CONDITIONAL USE PERMIT NO. 2008-05. VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO.2008-02 Filed by Templo Calvario to change the zoning of the site from Light Industrial (M-1) to a Specific Development (SD) designation, to allow church uses with a conditional use permit, to allow a variance for a reduction in parking and site plan review approval to allow Templo Calvario to occupy an adjacent building and increase the sanctuary seating at 2501 West Fifth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 18, 2008 PUBLICLY NOTICED: July 18, 2008 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance denying Amendment Application No. 2008-06 for Specific Development Plan No. 82. 3. Adopt a resolution denying Conditional Use Permit No. 2008-05. 4. Adopt a resolution denying Variance No. 2008-04. 5. Adopt a resolution denying Site Plan Review No. 2008-02. Principal Planner Vince Fregoso presented the staff report and recommendation. No written communications were received. Public Hearing opened Pastor Daniel De Leon stated that, in an effort to address the parking deficiency, Templo Calvario would be revising their plans to remove the Mezzanine seating area, which would result in a reduction of 400 seats. Pastor De Leon requested that the Commission take action on the project rather than continue it. Public Hearing Closed Commissioner De La Torre expressed concern that he had not been provided with the information provided by Pastor De Leon in advance of the Public Hearing and stated that he would find it difficult to approve or deny the project due to the lack of complete information brought to the Commission. Public hearing re-opened Pastor Daniel De Leon explained that the decision to remove the Mezzanine was not done in an effort to confuse staff or the Commission but due to lack of funds. Public Hearing Closed Planning Manager Haluza informed the Commission that it is not uncommon to be presented with new information during a public hearing. She provided an estimate of the reduction in the parking deficiency with the removal of the Mezzanine. Based on a reduction of the stated 400 seats, the project would have a parking deficiency of 26 parking spaces. Based on this information, she stated that it would be possible to significantly reduce the variance request and therefore enable staff to make the findings necessary for a new recommendation, should the Commission choose. Planning Commission Minutes 3 August 12, 2008 Commissioner Leo recommended that the Commission move forward with the original recommendation and allow staff to perform additional analysis prior to the item being considered by the City Council. MOTION: To adopt and approve the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162, Adopt an ordinance denying Amendment Application No. 2008-06 for Specific Development Plan No. 82, Conditional Use Permit No. 2008-05, Variance No. 2008-04, and Site Plan Review No. 2008-02. MOTION: Leo SECOND: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: MOTION WITHDRAWN FOLLOWING INTRODUCTION OF SUBSTITUE MOTION. SUBSITUTE MOTION: Continue to August 25, 2008, in order for applicant to provide information reflecting the changes to the Mezzanine as informed by Pastor De Leon. MOTION: Yrarrazaval SECOND: Alderete VOTE: AYES: Alderete, Mill, De La Torre, Yrarrazaval (4) NOES: Betancourt, Gartner, Leo (3) ABSTAIN: None (0) ABSENT: None (0) 2. ZONING ORDINANCE AMENDMENT NO. 2008-02 AND CONDITIONAL USE PERMIT NO. 2008-23 Filed by Cal-City Construction, Inc. to allow the construction of a two-story medical and commercial development with restaurant use at 520 South Harbor Boulevard in the North Harbor Specific Plan (SP2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 1, 2008 PUBLICLY NOTICED: August 1, 2008 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008- 02. 3. Adopt a resolution approving Conditional Use Permit No. 2008-23 as conditioned. Associate Planner Pedro Guillen presented the staff report and recommendation. No written communications were received. Public Hearing opened Young Kim, project architect, spoke in support of the project. Public Hearing Closed MOTION: Recommend to the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 200$-02. Planning Commission Minutes 4 August 12, 2008 3. Adopt a resolution approving Conditional Use Permit No. 2008-23 as conditioned. 4. Work with the applicant to provide window materials more in keeping with the buildings' Mission-style architecture and add additional canopy trees to provide for more shade. 1 MOTION: Betancourt VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alderete Alderete, Betancourt, Yrarrazaval (7) None (0) None (0) None (0) De La Torre, Gartner, Leo, Mill, 3. AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-01 Filed by One Broadway Plaza LLC to amend a previously approved development agreement and defer and/or modify certain specified obligations until commencement of construction for the One Broadway Plaza Office Tower at 1109 North Broadway in the Specific Development No. 75 (SD-75) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 1, 2008 PUBLICLY NOTICED: August 1, 2008 RECOMMENDATION: Recommend that the Planning Commission consider the information contained in the staff report, take public testimony regarding the applicant's request and provide a policy recommendation to the City Council. APPLICATION WITHDRAWN 1 4. Public Comments (for items not on the agenda) No comments were made STAFF AND COMMISSION COMMENTS 5. Staff Comments No comments were made. 6. Planning Commission Comments Commissioner Mill and Yrarrazaval requested a study session be held where staff will present information on artificial turf and/or drought tolerant products that may be used in future City projects. Commissioner De La Torre expressed his appreciation of the Planning Commission's discussions that evening. ~L - Commissioner Betancourt requested requirements for bicycle racks based Guidelines for new projects. information from staff regarding on the City's Zoning or City Design Commissioner Gartner stated that he believes it is appropriate for the Commission to participate in design review to ensure quality projects. Commissioner Alderete thanked commission for excusing his absence and for his new Vice Chairman title. Planning Commission Minutes 5 August 12, 2008 Chair Leo • Inquired about the status of Westfield and Segerstrom at the mall. Planning Manager Haluza informed the Commission that there is nothing to report in regards to Westfield and Segerstom. • Thanked Public Works for all of the hard work on repaving the streets in Santa Ana. 7. Excuse of Absences 8. Adjournment 7:11 P.M. Itzia H r dia Acting Recording Secretary 1 r~ ~_ Planning Commission Minutes 6 August 12, 2008