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Home My WebLink About03/12/2007ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MARCH 12, 2007 CALLED TO ORDER: 5:07 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete Victoria Betancourt James Gartner Christopher Leo, Chairman Sean H. Mill Mike Munoz Harvey De La Torre, Vice Chairman (arrived 5:27 p. m.) STAFF PRESENT: Ben Kaufman, Chief Assistant City Attorney Jay Trevino, Ex. Dir. Ping. & Bldg. Agency Karen Haluza, Planning Manager Martha Ramirez, Recording Secretary COMMISSION TRAINING A. FPPC FORM 700 STATEMENT OF ECONOMIC INTERESTS Chief Assistant City Attorney Ben Kaufman conducted an orientation to familiarize the commissioners with FPPC Form 700, Statement of Economic Interests (2006/2007) and stated that the completed form should be submitted by April 2, 2007 to the Clerk of the Council. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. MOTION: Mill SECOND: Alderete VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) B. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of February 26, 2007. Commissioner Betancourt revised her comments 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." Planning Commission Agenda 1 March 12, 2007 C. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the January 26, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on February 22, 2007 at 5:10 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR D. SERVICE RECOGNITION FOR DON CRIBB AND THOMAS LUTZ (Continued by Planning Commission: February 26, 2007 to March 12, 2007) Issued a proclamation to recognize the contribution of Thomas Lutz to the Planning Commission. Don Cribb made prior arrangements to pick up his proclamation. E. ELECTION OF REPRESENTATIVE TO HISTORIC RESOURCES COMMISSION (Continued by Planning Commission: February 26, 2007 to March 12, 2007) RECOMMENDATION: Appoint a Planning Commission Representative to the Historic Resources Commission for the year 2007 Commissioner Sean H. Mill was appointed Planning Commission Representative to the Historic Resources Commission for 2007. MOTION: Betancourt 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) F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Betancourt and Vice Chairman De La Torre were contacted by Gil Marrero regarding Item 2. Commissioner Mill visited the site at 801 East Pomona Street (Item 1) Chairman Leo received a voicemail message from the Mr. Marrero regarding Item 2. PROCEDURAL RULES PUBLIC HEARINGS 1. APPEAL NO. 2007-02 AND MINOR EXCEPTION NO. 2006-11 Filed by Dolores Rodarte, to allow construction of a front yard fence that exceeds the City's standards in the Single Family Residence (R1) zoning district for property located at 801 East Pomona Street. Planning Commission Agenda 2 March 12, 2007 PUBLISHED IN THE ORANGE COUNTY REPORTER: March 2, 2007 PUBLICLY NOTICED: March 2, 2007 RECOMMENDATION: Adopt a resolution denying Appeal No. 2007-02 and denying Minor Exception No. 2006-11. Assistant Planner Alejandro Flores presented the staff report and recommendation. The public hearing was opened. Applicant Dolores Rodarte stated that she had built the fence in excess of the height approved on the plan because she believed it would provide her with a greater sense of safety for her property. Robert Rodarte commented that there are nearby fences in the neighborhood that were built prior to the established city code that currently exceed the allowed height. The public hearing was closed. Commissioner Mill stated that he had visited the site and had found that the fence enhanced the residence and was not out of character with other fences in the neighborhood. Commissioner Betancourt expressed concern about setting a precedent to allow height variations, but when fence height is deterrent for safety would agree with the applicant though not in favor of overturning the denial. Commissioner Alderete recommended to proceed with the compromise that the Zoning Administrator offered (retain six pilasters and lower height of solid wall base by six inches (Exhibits 4 and 5). Staff concurred that applicant had been provided information but the request was denied due to lack of hardship demonstration. Vice Chair De La Torre commented that the fence enhanced the neighborhood with a good design, but stated that it was important to follow established code. MOTION: Overturn the denial. MOTION: Mill SECOND: Leo POINT OF ORDER -Chief Assistant City Attorney Ben Kaufman indicated that the staff recommendation was for denial and that no CEQA findings had been prepared. If the will of the Planning Commission vote was to overturn the denial, the vote would require a continuance. SUBSTITUTE MOTION: Continue the item to March 26, 2007 to allow for a resolution to the applicant's request per the Zoning Administrator's recommendation. MOTION: Mill SECOND: Leo VOTE: AYES: Leo, Mill, Munoz (3) NOES: Alderete, Betancourt, De La Torre, Gartner (4) ABSTAIN: None (0) ABSENT: None (0) MOTION FAILED Planning Commission Agenda 3 March 12, 2007 FINAL MOTION: Deny Appeal 2007-02 and Minor Exception No. 2006-11. MOTION: De La Torre SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Munoz (5) NOES: Leo, Mill (2) ABSTAIN: None (0) ABSENT: None (0) 2. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2006-01, AMENDMENT APPLICATION NO. 2007-01, DEVELOPMENT AGREEMENT NO. 2007-01, SITE PLAN REVIEW NO. 2007-01 AND TENTATIVE TRACT MAP NO. 2007-01 (COUNTY MAP 17069) (Continued by Planning Commission: February 26, 2007 to March 12, 2007) Filed by the City of Santa Ana and NDC Development for the First and Cabrillo Towers mixed-used high rise development located 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. 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. 2. Adopt an ordinance approving Amendment Application No. 2007-01. 3. Consider an ordinance approving Development Agreement No. 2007-01 and forward recommendation to the City Council. 4. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 5. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. Senior Planner Vince Fregoso presented the staff report and recommendation. Commission discussion ensued regarding the use of the In-Lieu Park Fee, Irrevocable Offer to Dedicate Easements or Land to Implement Public Realm Improvement Plan and Inclusionary Housing fees. The public hearing was opened. No one spoke during the public hearing. 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 II) for the Metro East Mixed Use Overlay Zone and the First and Cabrillo development project. 2. Adopt an ordinance approving Amendment Application No. 2007-01. 3. Consider an ordinance approving Development Agreement No. 2007-01 and forward recommendation to the City Council. 4. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 5. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. Planning Commission Agenda 4 March 12, 2007 1 MOTION: Alderete VOTE: AYES: NOES: ABSTAIN: ABSENT: 3. Public Comments SECOND: De La Torre Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) None (0) None (0) None (0) (for items not on the agenda) No public comments were made. 4. Staff Comments STAFF AND COMMISSION COMMENTS No comments were made. 1 5. Planning Commission Comments MOTION: SCHEDULE A STUDY SESSION FOR FURTHER DISCUSSION OF THE METRO EAST OVERLAY ZONE REGARDING THE URBAN SPINE DESIGN ON FOURTH STREET. MOTION: Betancourt SECOND: Munoz VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6. Excuse of Absences 7. Adjournment 6:32 p.m. Martha mirez Recording Secretary 1 Planning Commission Agenda 5 March 12, 2007