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HomeMy WebLinkAbout09/24/2007ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA SEPTEMBER 24, 2007 CALLED TO ORDER: 5:09 P.M. CITY HALL ROSS ANNEX FIRST FLOOR CONFERENCE ROOM 1600 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete (arrived 5:19 p.m.) Victoria Betancourt Harvey De La Torre, Vice Chair James Gartner Christopher Leo, Chairman Sean H. Mill COMMISSIONERS ABSENT: Mike Munoz STAFF PRESENT: Jay Trevino, Ex. Dir. Ping. & Bldg. Agency Karen Haluza, Planning Manager Ben Kaufman, Chief Assistant City Attorney Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. MOTION: Mill SECOND: De La Torre VOTE: AYES: Betancourt, De La Torre, Gartner, Leo, Mill (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Munoz (2) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of September 10, 2007. Commissioners Gartner and Leo abstained from the Minutes of September 10, 2007. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the September 10, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on September 6, 2007 4:28 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR Planning Commission Minutes 1 September 24, 2007 BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. 1 WORK STUDY SESSION D. CONCLUSION OF LANDSCAPE STANDARDS DISCUSSION (Continued by Planning Commission: September 10, 2007 to September 24, 2007) Commissioner Alderete requested specific developments that contain landscape standards. Vice Chair De La Torre recommended continuation so that all commissioners are present and also to allow for additional information to be provided to the Commission. Planning Manager Haluza distributed the Sunset Western Garden books to the Commissioners as a reference. 1 MOTION: Continue the discussion to October 8, 2007 and consider establishing an ad hoc committee with specific directions for the Planning staff. MOTION: De La Torre SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Munoz (1) E. DISCUSSION OF DESIGN FEATURES FOR PROPOSED TWO-STORY COMMERCIAL BUILDINGS WITHIN THE NORTH HARBOR SPECIFIC PLAN ZONING DISTRICT Associate Planner Ann Ni discussed the two-story commercial development in the North Harbor Specific Plan area by reviewing the features for architectural design and massing, signage, pedestrian connection, landscaping enhancement and outdoor amenities. Commission discussion ensued regarding the recommendation for standardized signage; voiced concerns with enforcement of banner removals; suggested pedestrian blade signs on walkways instead of wall signs, and a lighting design on the building into the parking lot. Commission evaluated the design constraints of the two-story strip malls, suggested internal courtyard/openings into plazas or patios, and advocated adequate parking. 1 F. Recess to Council Chambers (6:00 p.m.) Planning Commission Minutes 2 September 24, 2007 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CALL TO ORDER 6:07 P.M. ROLL CALL The same commissioners were present. PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIR LEO PROCEDURAL RULES PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2007-03 Files by Jason Kozora for Trillium Consulting (T-Mobile), to construct a 55-foot monopine wireless facility located in the Light Industrial (M1) zoning district at 1444 East McFadden Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 14, 2007 PUBLICLY NOTICED: September 14, 2007 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2007-03 as conditioned. Landscape Development Associate Marvin Ellenbecker presented the staff report and recommendation. Commission discussion ensued regarding the exterior wall and option for any landscaping to deter graffiti in conjunction with stipulation by Southern California Edison. Planning Manager Haluza commented that the landscaping referenced by the Commission was internal to the site on the wall specifically around the monopole equipment and indicated that the landscaping provided by the applicant would be on the portion of the property that was visible to the public view. Mr. Ellenbecker indicated that Boston Ivy vines would be provided on the chain- link fence. He recommended a modification be added to the Planning condition whereby the applicant would be required to clean the graffiti within 24 hours. No written communications were received. The public hearing was opened. Applicant Jason Kozora spoke in support of the project and indicated T-Mobile would use an anti-graffiti coating on the exterior wall. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2007-03 as conditioned. The Planning Commission added the following conditions. The proposed six foot wall enclosure that screens the equipment cabinets shall be sprayed on the exterior wall with an anti-graffiti coating. Planning Commission Minutes 3 September 24, 2007 The wireless facility leasee, T-Mobile, agrees to remove any graffiti on the proposed equipment cabinet wall enclosure. Graffiti removal must be done within 24 hours from occurrence. MOTION: Betancourt VOTE: AYES: NOES: ABSTAIN: ABSENT: 2. VARIANCE NOS. SECOND: De La Torre Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) None (0) None (0) Munoz (1) 2007-07 AND 2007-08 Filed by Jamison Luther, requesting variances to allow a new single-family residence on 3,601 square foot lot and allow for a reduction in the required off- street parking at 711 Eastside Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 14, 2007 PUBLICLY NOTICED: September 14, 2007 RECOMMENDATION: 1. Adopt a resolution approving Variance No the minimum lot size as conditioned. 2. Adopt a resolution approving Variance No parking as conditioned. 2007-07 to allow a reduction in 2007-08 to allow a reduction in Assistant Planner Matt Foulkes presented the staff report and recommendation. Commission requested photos of the adjacent properties to evaluate the architecture of the single family homes in the surrounding area and recommended a compatible architectural design for the lot size. Commission discussed the massing and minimal square footage for the living space on the ground level. No written communication was received. The public hearing was opened. Jamison Luther spoke in support of the project and indicated that he would review altering the elevation and evaluate options to change the floor plan. The public hearing was closed. MOTION: Continue the public hearing to October 22, 2007. MOTION: Leo SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Munoz (1) 3. ZONING ORDINANCE AMENDMENT NO. 2007-04 AND ORDINANCE AMENDMENT NO. 2007-02 Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code to define and ban medical marijuana dispensaries in all zones and to amend Chapter 18 to prohibit medical marijuana dispensaries in the City. Planning Commission Minutes 4 September 24, 2007 PUBLISHED IN THE ORANGE COUNTY REPORTER: September 14, 2007 RECOMMENDATION: Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04. 2. Adopt an ordinance approving Ordinance Amendment No. 2007-02. Associate Planner Hally Soboleske presented the staff report and recommendation. Santa Ana Police Chief Walters provided a discussion on the crime and public safety issues with the storefront dispensary uses. Chief Assistant City Attorney Kaufman provided information on federal regulations, Proposition 215, allowance of medical marijuana dispensaries, legislation, and prosecution under federal law. The public hearing was opened. No comments were made. The public hearing was closed. Executive Director Trevino commented on conflict between state and federal law, potential land use and impacts of dispensaries. Mr. Kaufman discussed the timeline for City Council to discuss ordinances during October. MOTION: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04. 2. Adopt an ordinance approving Ordinance Amendment No. 2007-02. 3. Planning staff suggested adding Section 6 based on Commission discussion: If a federal court issues a final determination approving medical marijuana dispensaries or if a federal statue is adopted to the same effect, the staff will prepare revised regulations for the consideration of the Planning Commission and the City Council. Motion by Commissioner Alderete with this amendment died due to lack of a Second. Pursuant to Commission discussion, Mr. Kaufman suggested an alternative proposal to add that the Planning Commission would review the ordinance in two years. SUBSEQUENT MOTION: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04. 2. Adopt an ordinance approving Ordinance Amendment No. 2007-02. 3. The Planning Commission shall review the ordinance in two years. MOTION: De La Torre SECOND: Betancourt VOTE: AYES: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Munoz (1) Planning Commission Minutes 5 September 24, 2007 4. Public Comments (for items not on the agenda) No comments were made. STAFF AND COMMISSION COMMENTS 5. Staff Comments Planning Manager Haluza provided the Commission with a flier announcing the annual Planning Directors Forum of Orange County to be held on October 18, 2007 and encouraged Commissioners to inform the staff by September 25, 2007. Executive Director Trevino provided an update with regards to the Santa Ana Historical Preservation Society's letter for the relocation of the Twist-Basler House. Mr. Trevino outlined Mr. Harrah's additional efforts to re-secure the tarp protection on the structure to avoid further damage. Chairman Leo inquired about timeline for laying foundation and relocation. Mr. Trevino provided information. 6. Planning Commission Comments Commissioner Alderete • Requested status of truck/trailer advertising along I-55 freeway. Mr. Trevino provided the information. Commissioner Gartner • Inquired about city efforts to curb graffiti (tagging of monument signs). Mr. Trevino suggested scheduling a study session to provide a report to the Commission. Commissioner Mill • Commented on The Crosby Restaurant's ABC license and enforcement of compliance with the stipulated conditions. SAPD Officer McCoy reviewed the policy. Chairman Leo • Inquired about the timeline for the Santa Ana Renaissance Specific Plan. Mr. Trevino provided the information. 7. Excuse of Absences Commissioner Betancourt made a motion to excuse the absence of Commissioner Munoz. The motion was seconded by Commissioner De La Torre and unanimously approved by the Commission. 8. Adjournment: 7:56 p.m. MA HA RAMIR Recording Secretary Planning Commission Minutes 6 September 24, 2007