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HomeMy WebLinkAbout02/26/2007ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FEBRUARY 26, 2007 CALLED TO ORDER: 5:37 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete Victoria Betancourt Harvey De La Torre James Gartner Christopher Leo, Chairman Sean H. Mill Mike Munoz STAFF PRESENT: Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Planning Manager Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. MOTION: De La Torre VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Mill Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) None (0) None (0) None (0) RECOMMENDATION: Commissioner Betancourt modified her comments on page 5 regarding discussion of the Metro East Mixed Used Overlay Zone: "... Village Center district should be increased to a narrow band of high rises on Fourth Street in order to create a sense of drama between two freeways and a sharp contrast to both the Golden Circle and entry from the City of Tustin." Approve the minutes of the regular meeting of February 12, 2007. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the February 12, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on February 8, 2007 at 1:57 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR * * * Planning Commission Minutes i February 26, 2007 BUSINESS CALENDAR C. SERVICE RECOGNITIONS FOR DON CRIBB AND THOMAS LUTZ Issue proclamations to honor the services of Don Cribb and Thomas Lutz to the Planning Commission. MOTION: Continue to March 12, 2007. MOTION: De La Torre SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioners Alderete, Betancourt, De La Torre and Gartner spoke with Gil Marrero regarding Item 3 - NDC Development 1St and Cabrillo Towers Project. Commissioner Betancourt had a telephone conversation with Mike Tardif regarding item 2 - HD Supply Parking Variance No. 2007-01. E. ELECTION OF OFFICERS RECOMMENDATION: 1 L7 (a) Elect Chair of the Planning Commission for the year 2007 (b) Elect Vice Chair of the Planning Commission for the year 2007 (c) Appoint a Planning Commission Representative to the Historic Resources Commission for the year 2007 MOTION: Elect Commis MOTION: Betancourt VOTE: AYES: NOES: ABSTAIN: ABSENT: sinner Leo as Chairperson effective March 12, 2007. SECOND: Mill Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) None (0) None (0) None (0) MOTION: Elect Commissioner De La Torre as Vice Chairperson effective March 12, 2007. MOTION: Betancourt SECOND: Mill VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Appointment of Planning Commission representative to the Historic Resources Commission was continued to March 12, 2007. Commissioner De La Torre requested that the Commission be provided with a job description of the duties. Planning Commission Minutes z February 26, 2007 MOTION: Leo SECOND: Mill VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PROCEDURAL RULES 1. AMENDMENT TO CONDITIONAL USE PERMIT N0.2002-18 Filed by WMI Enterprises, Inc. to amend Conditional Use Permit No. 2002-18 to allow a third carrier, Metro PCS, to collocate on a 75-foot high wireless facility at 15173/4 North Fairview Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: Adopt a resolution approving amendment to Conditional Use Permit No 2002-18 as conditioned. Landscape Development Associate Marvin Ellenbecker presented the staff report and recommendation. The public hearing was opened. Lisann Martinez expressed concerns with potential impacts to public parks with the installation of cellular facilities and questioned whether the project had received the necessary analysis pursuant to CEQA. Glen Stroud expressed concern with the maintenance of the block wall enclosure and who would be responsible for graffiti removal. The public hearing was closed. Marvin Ellenbecker clarified that the proposed cellular facility was on private property and not in a public park and that the Federal law pre-empts CEQA in areas of environmental review. Commissioner Gartner recommended redwood gates be replaced with upgraded materials (metal gate painted to match). MOTION: Adopt a resolution approving amendment to Conditional Use Permit No. 2002-18 as conditioned. Directed staff to add the following conditions: (1) replace the existing chain link and redwood slats with ahigh-quality corrugated metal gate painted to match and (2) all graffiti removal must be done by the owner of the property within 24 hours of the occurrence. MOTION: Gartner VOTE: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Minutes SECOND: Betancourt Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) None (0) None (0) None (0) 3 February 26, 2007 2. VARIANCE NO. 2007-01 Filed by HD Supply to reduce parking standards fora home improvement warehouse at 1044 East Fourth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: Adopt a resolution approving Variance No. 2007-01 as conditioned. Associate Planner Bill Apple presented the staff report and recommendation. The public hearing was opened. Danielle Tardif, representing Tardif Sheet Metal, voiced concerns that the proposed project did not provide an adequate loading area and that trucks making deliveries could block 4th Street. Mercedes Tardif, representing Tardif Sheet Metal, expressed concerns that the proposed project would negatively impact their business. Emily Tardif, representing Tardif Sheet Metal, expressed concerns regarding the adequacy of employee parking for the proposed project, as well as concerns regarding the potential for congregation of day laborers at the project site. Ray Connelly expressed concern that the proposed project would add to the demand for on-street parking and negatively impact his employees' ability to park on the street. He stated that his existing manufacturing facility located at 420 Terminal Street relies entirely on on-street parking for its employees. Scott Connelly voiced concern with potential impacts to the availability of on- street parking. Gil Navarro stated his father lives on Third Street and that he was concerned with impacts to existing on-street parking, as well as traffic impacts to Santa Fe Street, which is very narrow. David Roche commented on insufficient parking, traffic impacts on Fourth Street, and the increase of public shopping at site. Lisann Martinez commented on traffic impacts at Raitt School, on Monte Vista and Raitt Streets, bypass variances, overlook codes, not following SD for 450 parking spaces, 50 degree turnout area, retail business coming in, park space eliminated, and traffic light consideration. Glen Stroud voiced concerns with parking, minimum/maximum number of employees during week and weekends, and day laborers. Desi Reyes voiced concern with heavy truck traffic deliveries, safety at elementary school, hours of operation for facility, day laborers, loading off Fourth Street. Milagros Ocampos expressed concerns with traffic, Fourth Street access, and inadequate turnout for trucks. Sherri Pastor commented on train activity on 4th Street tracks that causes traffic backups; additional business would further impact the traffic. Dennis Linville, Real Estate Manager, on behalf of applicant, stated this warehouse is not a .Home Depot store, not considered extension of retail Planning Commission Minutes 4 February 26, 2007 business; geared for professional contractors and trades. HD Supply would carry a quarter of inventory as compared to Home Depot. One-fifth of employees will be hired (15-17) and would not create additional parking impacts for employees. Positive aspects of project include: property safe by seismic code, add wrought iron fencing, landscaping to cut graffiti, bring sales tax and new employment to the city. Montebello site addressed their traffic impacts. Traffic issues: entrance to loading docks minimized, traffic for customer and delivery is off peak. Mr. Linville requested modifications to Items 9 and 10. Undue hardship, request modifications to allow equipment for outdoor storage, reinstate area for equipment rental near guard shack rather than within enclosed area or adjacent to Building A and B. Commissioner De La Torre requested verification that number of employees will be 15-17 with maximum 35-40, hours of operation Monday through Friday open to public from 5:30 am to 9:00 pm and Sunday closes at 7:00 pm; storage of "Bobcat" rental equipment would be within the interior to the building. He commented on square footage/interior inventory comparison with the Montebello store. Commissioner De La Torre requested conducting a review of impacts to residents in six months and evaluating the growth impact. Commissioner Alderete commented on traffic study, whether HD Supply controls different home improvement stores in the area. Joe Foust, Austin-Foust Associates, Inc., stated 104 spaces were adequate for this contractors warehouse. Recapped industrial sites and parking comparisons in Pomona and in La Habra. Concern would be if this warehouse would become a Home Depot in an industrialized area, no was his response. He also indicated that the train does not block traffic on Fourth Street. Commissioner Alderete requested clarification on employee parking. Ben Kaufman indicated legally required that employees park on the site. Commissioner Munoz clarified signage at this proposed site to be HD Supply Repair and Remodel. Is it affiliated with Home Depot? Ms. Haluza indicated there is a place holder on plans for signage which will be to code, which cannot restrict the content. Applicant stated that different colors would be used to disassociate from Home Depot. Commissioner Mill commented on Item 9 -there shall be no parking lot sales. Intention from applicant was to allow equipment rental in parking area near guard shack. Commissioner Mill also commented on parking for day laborers' cars and policing within the area. Staff indicated condition for no loitering was stipulated in conditions of approval. Mr. Mill also voiced concerns with impact of trucks along Fourth Street and at train stops. David Roche stated that the area was researched and there was heavy traffic. Glen Stroud commented that of the 104 spaces, how many are designated for compact vehicles. How many contractors drive a compact vehicle to pick up their supplies? The public hearing was closed. The Commission directed staff to research the following items: 1. The applicant's request to modify Conditions 9 and 10 2. The establishment of a parking permit district in the area 3. The extent to which traffic on 4th Street is delayed by trains stopping on the tracks 4. The issue of day laborers congregation and how that could be addressed. Punning Commission Minutes s February 26, 2007 MOTION: Continue public hearing to March 26, 2007. MOTION: Leo SECOND: De La Torre VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2006-01, ZONING ORDINANCE AMENDMENT NO. 2007-01, AMENDMENT APPLICATION NO. 2007-01, DEVELOPMENT AGREEMENT NO. 2007-01, GENERAL PLAN AMENDMENT NO 2007-01, TENTATIVE TRACT MAP NO. 2007-01 (COUNTY MAP 17069), AND SITE PLAN REVIEW N0.2007-01 Filed by the City of Santa Ana and NDC Development for various entitlements, including an Environmental Impact Report for the Metro East Mixed Use Overlay Zone, the Metro East Public Realm Plan and the First and Cabrillo Towers mixed-used high rise development located citywide and at 1901 East First Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: Recommend that the City Council: 1 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 2. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 4. Adopt an ordinance approving Amendment Application No. 2007-01. 5. Adopt a resolution approving General Plan Amendment No. 2007-01. 6. Continue Development Agreement No. 2007-01 to March 12, 2007. 7. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 8. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. Senior Planners Sergio Klotz and Vince Fregoso presented the staff report and recommendations. Future Actions for First and Cabrillo project: Planning Commission review and recommend development agreement Airport Land Use Commission scheduled for March 15, 2007 Future Planning Commission to review the parking structure, amenities and public art Written communications were received from Orange County Associates, Inc. (supports project but would like park land consideration and adequate parking for residences) and City of Tustin (continuance requested to allow responses to be completed for DEIR). The public hearing was opened. Sandra Reyes expressed concerns with traffic impacts and density of the projects. Craig Foster, NDC Development agent, spoke in support of the project. Planning Commission Minutes 6 February 26, 2007 Hans Van Lighten, NDC Development attorney, proposed to continue process to get acceptance and then modify. Desi Reyes, resident, spoke in support of projects, saw an opportunity to clean up the Saddleback Motel area. He stated that the traffic impacts would be an on-going issue. The public hearing was closed. MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-01. 5. Adopt a resolution approving General Plan Amendment No. 2007-01. Continue to March 12, 2007 the following actions: 2. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project to March 12, 2007. 4. Adopt an ordinance approving Amendment Application No. 2007-01 to March 12, 2007. 6. Adopt an ordinance approving Development Agreement No. 2007-01 to March 12, 2007. 7. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned to March 12, 2007. 8. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned to March 12, 2007. MOTION: De La Torre SECOND: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: 4. Public Comments Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) None (0) None (0) None (0) (for items not on the agenda) Vivian Van Dorin expressed concern for children at First and Cabrillo Street area; would like notification of public hearings provided to the neighborhood. STAFF AND COMMISSION COMMENTS 5. Staff Comments 6. Planning Commission Comments 7. Excuse of Absences 8. Adjournment 9:36 pm Martha Ramirez Recording Secretary Planning Commission Minutes ~ February 26, 2007