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.
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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.
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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.
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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