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Home My WebLink About09/25/20061 STAFF PRESENT: Jay Trevino, Ex. Dir. Plan. & Bldg. Agency Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Planning Manager Martha Ramirez, Recording Secretary ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA SEPTEMBER 25, 2006 CALLED TO ORDER: 5:37 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA COMMISSIONERS PRESENT: David Benavides Victoria Betancourt Don Cribb Harvey De La Torre, Vice Chairman (arrived 5:49 pm) James Gartner Christopher Leo, Chairman Tom Lutz PLEDGE OF ALLEGIANCE TO THE FLAG -CHAIRMAN LEO CONSENT CALENDAR 1 MOTION: Approve staff MOTION: Leo VOTE: AYES: NOES: ABSTAIN: ABSENT: 'recommendations on the following Consent Calendar. SECOND: Cribb Benavides, Betancourt, Cribb, Gartner, Leo, Lutz (6) None (0) None (0) De La Torre (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of September 11, 2006. Commissioner Betancourt abstained from the Minutes of September 11, 2006. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the September 11, 2006 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on September 7, 2006 at 7:01 p.m. 1 RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. AMENDMENT TO CONDITIONAL USE PERMIT NO. 1997-15 Filed by Josefat Zamora, to modify a Type 41 ABC license to expand Mariscos Zamora restaurant at 3701 West McFadden Avenue, Suite H. Planning Commission Agenda September 25, 2006 RECOMMENDATION: Confirm the Zoning Administrator's action approving amendment to Conditional Use Permit No. 1997-15 as conditioned. D. AMENDMENT TO CONDITIONAL USE PERMIT NO. 1995-01 Filed by Magin Helguero c/o John Castro, to amend the current Type 47 ABC license in conjunction with EI Zocalo restaurant at 301 North Tustin Avenue RECOMMENDATION: Confirm the Zoning Administrator's action approving amendment to Conditional Use Permit No. 1995-01. END OF CONSENT CALENDAR BUSINESS CALENDAR E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. F. SITE PLAN REVIEW NO. 2006-05 Filed by The Orange County Register, to allow an expansion in the Specific Development No. 21 (SD-21) zoning district for property located at 625 North Grand Avenue. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2006-05 as conditioned. MOTION: Adopt a resolution approving Site Plan Review No. 2006-05 as conditioned. MOTION: Lutz SECOND: Benavides VOTE: AYES: Benavides, Betancourt, Cribb, Gartner, Leo, Lutz (6) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre (1) PROCEDURAL RULES PUBLIC HEARINGS 1. AMENDMENT APPLICATION NO. 2006-04, SITE PLAN REVIEW NO. 2006-07, CONDITIONAL USE PERMIT NO. 2006-14 AND ENVIRONMENTAL REVIEW NO. 2004-234 Filed by David DiRienzo, Rancho Pacific Properties, Inc. dba for Urban+West+Strategies, to allow a zone change from C3-A to Specific Development Zone No. 80 and to allow mixed use development with five condominium units and ground floor retail for property located at 320 West Fourth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 15, 2006 PUBLICLY NOTICED: September 15, 2006 Planning Commission Agenda 2 September 25, 2006 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review 2006-07. 4. Adopt a resolution approving Conditional Use Permit 2006-14 as conditioned. Planning Manager Karen Haluza presented the staff report and recommendation. Ben Kaufman discussed the modified data on the Specific Development No. 80 and also added two additional conditions. First on the conditional use permit, that the project record as a covenant, the recognizing features of the parking lift system, since this is a first time the City is to use this type of parking system with Covenants, Conditions, and Restrictions (CC&Rs) that identify the parking issue and include a waiver of liability by purchasers of this project, against any claims to the City in the future. Additionally, the approval of the Site Plan Review will expire at same time as Conditional Use Permit and contingent on the tract map approval so that we don't have one approval lasting longer than the other. The public hearing was opened. Urban West President, David DiRienzo spoke in support of the project. Architect Ron Nestor provided information on the proposed mechanical parking I ift. Commission discussion and questions included: potential for noise associated with parking mechanism, availability of qualified staff to make any necessary repairs to the parking lift, clarification regarding how trash would be handled, ways to provide visual relief for the upper-story walls, and use of natural stone on the front of the building. Ben Grabiel spoke in opposition to the project. The public hearing was closed. MOTION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review 2006-07. 4. Adopt a resolution approving Conditional Use Permit 2006-14 as conditioned. The Planning Commission added conditions to the project which include: 1. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 2. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage in compliance with Article XI of Chapter 41 of the Santa Ana Municipal Code. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the building. 3. With regards to Covenants, Conditions and Restrictions (CC&R's), the Planning Commission added the following provisions: a. The CC&R's shall provide notice that a unique on-site parking solution (a hydraulic parking lift) has been utilized for the project, and that owners shall indemnify, defend and hold harmless, the City Planning Commission Agenda 3 September 25, 2006 of Santa Ana for any claims arising from the operation of the parking lifts in a form approved by the City Attorney. b. A covenant shall be recorded for each lot that shall indemnify and hold harmless the City in a form approved by the City Attorney. 4. Site Plan Review approvals shall expire at the same time as the Conditional Use Permit which expires after a period of two (2) years from the date of final approval. If the Final Subdivision Map has been vested, then the site plan review and conditional use permit will remain valid as long as the subdivision map remains valid. ~,.:At staffs recommendations on Section 8 of SD-80 regarding chutes, to amend the collection area (waste and recycling) shall, to the extent required by AB939 or the city's implementing regulations, provide chutes to allow refuge from upper floors in buildings. Applicant shall provide separation of recycling and waste collection. MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: 2. Public Comment` SECOND: Betancourt Benavides, Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (7) None (0) None (0) None (0) (for items not on the agenda) Walter Cha, adjacent property owner to proposed West End Lofts (312 West Fourth) spoke in opposition to the West End Lofts project. Ben Grabiel expressed dissatisfaction with recent Bowers Museum expansion. STAFF AND COMMISSION COMMENTS 3. Staff Comments Mr. Kaufman announced that City Commissioners would soon be receiving an invitation to attend one of several training sessions that will be conducted by the City Attorney's Office. These training sessions are being provided in response to AB 1234, which requires public officials to attend ethics training. Ms. Haluza announced staff is working on an informational study session for the Planning Commission that will focus on green building techniques. 4. Planning Commission Comments Commissioner Benavides • Thanked staff on Santa Ana Renaissance Specific Plan update. • Requested update on One Broadway Plaza. Commissioner Cribb • Stated historic architecture should be respected and preserved whenever possible, new architecture should reflect its own time. • Recommended that the Planning Commission should hold conversations on strategic planning and priorities throughout Santa Ana. • Remarked that displays at Discovery Science Center have created too much congestion. • Requested update on Starbucks at South Bristol/Warner. Ms. Haluza provided information. • Recommended activated traffic signal for pedestrian right-of-way at Civic Center Drive, to eliminate traffic backs-up. Public Works Agency will review. Planning Commission Agenda 4 September 25, 2006 • Stated that Kelly's Auto Body on South Main Street was not in the best interest of the city, political vision sets precedence for an automobile use within the retail district. Vice Chair De La Torre • No comments Commissioner Betancourt • Commented that the juxtaposition of contemporary architecture with historic architecture is very exciting. Commissioner Gartner • Indicated that Commission is responsible to work with developers and encourage development. Commissioner Lutz • Requested permit verification at 1104 Freeman regarding fountain with dolphins in the front yard. • Asked for clarification on reports that Mills Act property owners had recently received alarger-than-expected property tax increase. Chair Leo • Commented on article in Orange County Business Journal regarding Xerox Building using exhibits from Bowers Museum to attract new tenants. • Commented on quality of high rises on Jamboree in City of Irvine. • Announced construction has begun at Main Place -Westfield. • Indicated sales for Shea Homes "The Retreat" project are going well. • Requested update on Olson Lofts. Mr. Trevino provided information. • Recommended temporary signage ordinance should be revisited by the Planning Commission. • Stated that at the last City Council meeting, Mr. Mendoza (Kelly's Auto Body) misrepresented action taken at the Planning Commission. Meeting closed in memory of Captain Bruce Carlson with SAPD, great police officer and humanitarian. 5. Excuse of Absences 6. Adjournment 7:41 p.m. Martha Ramirez, Recording Se tary ~~ Planning Commission Agenda 5 September 25, 2006