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Home My WebLink About11-28-2005ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA NOVEMBER 28, 2005 1 CALLED TO ORDER: 5:04 P.M. CITY HALL ROSS ANNEX FIRST FLOOR CONFERENCE ROOM 1600 20 CIVIC CENTER PLAZA SANTA ANA Commissioners Present: Victoria Betancourt (arrived 5:54 p.m Don Cribb James Gartner Christopher Leo, Vice Chairman Tom Lutz Rigoberto Rodriguez Commissioners Absent: Harvey De La Torre Staff Present: Jay Trevino, Ex. Dir., Plan. & Bldg. Agency Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Principal Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. Vice Chairman Leo pulled Item D for further consideration. MOTION: Leo VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Cribb Cribb, Gartner, Leo, Lutz, Rodriguez (5) None (0) None (0) Betancourt, De La Torre (2) RECOMMENDATION: Approve the minutes of the regular meeting of November 14, 2005. Approve modification of the regular meeting of October 10, 2005 regarding public hearing Item 3 Final Environmental Impact Report No. 2005-01, Amendment Application No. 2005-02, Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905), Site Plan Review No. 2005-04 and Street Name No. 2005-01. 1 B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the November 14, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 10, 2005 at 3:36 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. Planning Commission Minutes 1 November 28, 2005 C. NEIGHBORHOOD PROJECT REVIEW NO. 2005-01 (Continued by Planning Commission: October 10, 2005 to October 24, 2005, November 14, 2005 to November 28, 2005) Filed by Oscar Mora to allow an addition to an existing single family residence in the Specific Development 40 zoning district at 506 South Garnsey Street. RECOMMENDATION: Continue to December 12, 2005 per applicant's request. D. CONDITIONAL USE PERMIT NO. 2005-22 Filed by Target Corporation to allow a Type 20 off-premise Alcohol Beverage Control license at 1441 West Seventeenth Street. RECOMMENDATION: 1. Receive and file the staff report approving Conditional Use Permit No. 2005-22 as conditioned. 2. Authorize a letter of public convenience and necessity for a Type 20 Alcoholic Beverage Control license. Vice Chairman Leo inquired about possibility of having the entire center painted. Staff indicated there is no legal ability to repaint the center within this conditional use permit. * * * END OF CONSENT CALENDAR BUSINESS CALENDAR E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Lutz spoke with Alexander Nalle and Gil Marrero regarding item 1. Commissioner Gartner is the architect on item 1 and will abstain. Commissioner Cribb spoke with Gil Marrero and John Pierce regarding Item 1. Commissioner Leo spoke with John Pierce and Gil Marrero on item 1 F. SITE PLAN REVIEW NO. 2005-06 Filed by Discovery Science Center to allow a Delta III Rocket in the Specific Development No. 65 (SD-65) zoning district at 301 North Main Place Drive. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2005-06 as conditioned. Associate Planner Ann Ni presented the staff report and recommendation. Commission discussion ensued regarding landscape enhancements, wrought iron fence design and the lighting for the rocket display area. MOTION: Adopt a resolution approving Site Plan Review No. 2005-06 as conditioned. MOTION: Cribb SECOND: Rodriguez VOTE: AYES: Cribb, Gartner, Leo, Lutz, Rodriguez (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Betancourt, De La Torre (2) Planning Commission Minutes 2 November 28, 2005 WORK STUDY SESSION G. REVIEW OF MAIN PLACE MALL SIGN PROGRAM Senior Planner Vince Fregoso presented the staff report and recommendation. 1 Dick Dreher discussed the proposed improvement plans for the Westfield Mall. He commented on Phase 1 which will consist of re-branding the center, new tenants, and signage for the Westfield Main Place mall. Mr. Dreher provided the Commission with a handout for the signage proposal, and cautioned that the presentation was preliminary, not the final plan. Commission discussion ensued regarding the new signage with efforts to retain the city name. Commission inquired about plans for the adjoining City of Orange mall, across from Main Place, on the east side (DSW, Starbucks, Pat & Oscars, Barnes & Noble). Mr. Trevino proposed opportunity for discussions with City of Orange regarding impact of traffic mitigations once Westfield's upgrades are implemented. 1 1 H. RECESS TO COUNCIL CHAMBERS - 5:58 p.m. Planning Commission Minutes 3 November 28, 2005 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA November 28, 2005 ROLL CALL 6:10 P.M. Same staff was present with the arrival of Commissioner Betancourt. PLEDGE OF ALLEGIANCE TO THE FLAG -Vice Chairman Leo PROCEDURAL RULES PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2005-26 (Lucy Linnaus) Filed by John D. Pierce, to allow a 3,911 square foot Laundromat in the Community Commercial (C1) zoning district at 702 West Seventeenth Street, Suite B. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 18, 2005 PUBLICLY NOTICED: November 18, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2005-26 as conditioned. Assistant Planner Lucy Linnaus presented the staff report and recommendation. Commission discussion ensued regarding conditional use permit requirements for Laundromats, and differences between coin and card operated facilities. The public hearing was opened. Recording Secretary commented on communication received on November 23 via Voicemail from Loren Webb at 2214 North Greenleaf opposing project. Also, written communications were received on November 28, 2005 from: Timothy Rush at 1225 South Broadway, opposes project and John Schulte at Floral Park Neighborhood Association, rescinding their previous approval of the proposed project Mr. Kaufman stated that this was a new public hearing for the item. Representing applicant, Ben Murrille, presented a pictorial of existing Sparklean facilities. Julie Stroud opposed project supported by City Ordinance established in 1995 discouraging Laundromats, and referred to the existing Laundromats at Ross/17tH and Ross/11th that contribute to loitering and the use of unsightly grocery carts. Mark Sigler, leasing agent for the property, spoke in support of the project by reviewing list of potential tenants that showed interest in leasing the property. Dave Moen spoke in support of the project. Janelle McLoughlin opposed the project with reference to illegal activity at existing Laundromats in the area. Debbie McEwen opposed the project that does not support the vision for the area. Planning Commission Minutes 4 November 28, 2005 John Schulte, Floral Park Neighborhood Association President, rescinded the letter of non-objection previously submitted and referenced additional issues raised by residents that have now resulted in opposition of the project by the neighborhood association. Kim Sinclair spoke in opposition to the project. Oscar Garza opposed the project with reference to the card-operated facility that still exchanges money and the high costs to maintain. John Pierce, owner of 17th/Flower retail site; commented on compliance with zoning requirements, proposed an upgraded Laundromat, indicated the need in the area, commented on the maintenance efforts from existing tenants, reviewed other potential tenants and stated that Suite B is in the back of the existing building. He commented on the support received from the apartment residents to the south, endorsement from the southeast corner of Parton Street, approval of end-cap tenant, maintenance of curb appeal; and agreed to be in compliance with the conditional use permit. Ben Merrill, applicant's representative, encouraged Commissioners to visit existing facilities. Public hearing was closed. Commission discussions ensued regarding concerns from residents with Laundromat in this particular location, upholding 1995 ordinance on major thoroughfares, stated Commissioners have duty for vision of area, apartment complex should provide residents with adequate laundry facilities; and commented on substandard facilities at Ross/17th a"a Grand/17th as reasons for not wanting tenants at current retail site. Commissioners commented on balancing constituents (business owner, neighborhood associations, and the renters in the community), maintenance issue, and on land uses in the area. Commission suggested that if landlord is considered inadequate, residents should proceed with litigation and pursue how best to correct the existing laundromats. MOTION: Cribb SECOND: MOTION: Continue item for two weeks and direct Planning Staff to prepare a resolution for denial consistent with Commission's findings. Vote died for lack of second. Mr. Kaufman provided additional information to clarify motion. 2nd Motion: Deny Conditional Use Permit No. 2005-26, direct staff to prepare a resolution of denial with findings reflecting the statements of the commission and authorize and direct the Acting Chair to sign this resolution on the Commission's behalf as constituting the Commission's resolution denying said conditional use permit. MOTION: Cribb SECOND: Betancourt VOTE: AYES: Betancourt, Cribb, Lutz (3) NOES: Leo, Rodriguez (2) ABSTAIN: Gartner (1) ABSENT: De La Torre (1) Planning Commission Minutes 5 November 28, 2005 2. VARIANCE NO. 2005-06 (Continued by Planning Commission: July 25, 2005 to August 8, 2005, August 8, 2005 to September 12, 2005; September 12, 2005 to September 26, 2005, September 26, 2005 to October 24, 2005, November 14, 2005 to November 28, 2005) Filed by Diep Ngoc Tran to request a variance to allow reductions in the lot size, side yard setback, landscape buffer requirements and to allow dead-end drive aisles located in the North Harbor Specific Plan (SP-2) at 101 South Gunther. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 18, 2005 PUBLICLY NOTICED: November 18, 2005 RECOMMENDATION: Continue to date uncertain. MOTION: Continue the MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: item to date uncertain. SECOND: Rodriguez Betancourt, Cribb, Gartner, Leo, Lutz, Rodriguez (6) None (0) None (0) De La Torre (1) 3. TENTATIVE PARCEL MAP NO. 2005-08 (COUNTY MAP NO. 2004-178) AND VARIANCE NO. 2005-61 (a) VARIANCE NO. 2005-61 (b) AND VARIANCE NO. 2005-61 (c) (Continued by Planning Commission: October 10, 2005 to October 24, 2005, November 14, 2005 to November 28, 2005) Filed by Robert H. Elsner/RHE Investments to request a tentative parcel map to subdivide the property into two parcels and a variance to allow reductions in parking, setbacks and landscaping requirements in the Arterial Commercial (C5) zoning district at 2106-2230 North Tustin Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 18, 2005 PUBLICLY NOTICED: November 18, 2005 RECOMMENDATION: Adopt a resolution denying: 1. Tentative Parcel Map No. 2005-08 (County Map No. 2004-178). 2. Variance No. 2005-61 (a) to allow a reduction in parking. 3. Variance No. 2005-61 (b) to allow a reduction in setbacks. 4. Variance No. 2005-61 (c) to allow a reduction in landscaping. Associate Planner Ann Ni presented the staff report and recommendation. Commission discussion ensued regarding eminent domain and efforts to acquire corner parcels. Public hearing was opened: Recording Secretary commented on written communication received November 28, 2005 from Gaetano L. Belcore, President at Belcore & Associates, Inc., general partner of Santa Clara Plaza, who expressed approval of the project. Robert Sundstrom, representing applicant, reviewed history of the property development; stated existing area not up to code which would be required during the improvement on the vacant parcel. Robert Elsner, representing landowners, stated that he was unaware of need to bring site up to current code requirements as a result of subdivision request. Planning Commission Minutes 6 November 28, 2005 William Gould, landowner's husband, reviewed history of property; commented on residents concern with blighted area and encouragement to fill the vacant lot. Haroon Hanasab, prospective buyer, has easement agreement in place that allows right of way to use driveway and parking. Public hearing was closed. Commission discussions ensued regarding new parcels/development meeting code and landscaping maintenance. Mr. Trevino emphasized the policy under consideration was whether subdividing this parcel would be long-term good for this constrained property. Subdivision creates an irrevocable situation (not able to recycle), based on size as it is subdivided. Commission inquired about the commercial property to the south and vacant lot (Tustin/Catalina), affecting the ability of the property owner to recycle land. Mr. Trevino responded with options for the property owner. Also Commission concerned that this item would set a precedent with subdividing parcels. Mr. Hanasab commented on the City option of recycling in the future; proposed center function as one, would rather bring vacant lot up to code. Commission discussed the likelihood of recycling, that the site has better long- term potential if it is larger. Mr. Trevino stated that the property is developable today. MOTION: Adopt a resolution denying: 1. Tentative Parcel Map No. 2005-08 (County Map No. 2004-178). 2. Variance No. 2005-61 (a) to allow a reduction in parking. 3. Variance No. 2005-61 (b) to allow a reduction in setbacks. 4. Variance No. 2005-61 (c) to allow a reduction in landscaping. 5. Directed staff to correct the staff report that referred to an incorrect variance number. MOTION: Lutz SECOND: Rodriguez VOTE: AYES: Betancourt, Cribb, Gartner, Leo, Lutz, Rodriguez (6) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre (1) 4. ZONING ORDINANCE AMENDMENT NO. 2005-03, CONDITIONAL USE PERMIT NO. 2005-28, VARIANCE NO. 2005-62, AND SITE PLAN REVIEW NO. 2005-05 Filed by Extended Stay America to amend Specific Development No. 12 (SD-12) and to allow along-term stay business hotel at 2721 Hotel Terrace Drive. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 18, 2005 PUBLICLY NOTICED: November 18, 2005 RECOMMENDATION: Recommend that the City Council: 1. Deny Zoning Ordinance Amendment No. 2005-03. 2. Adopt a resolution denying Conditional Use Permit No. 2005-28. 3. Adopt a resolution denying Variance No. 2005-62. 4. Adopt a resolution denying Site Plan Review No. 2005-05. Associate Planner Bill Apple presented the staff report and recommendation. Should not shift the emphasis of Hotel Terrace towards long term stay business; City goal is to attract full service hotels that attract both business and leisure travelers. Planning Commission Minutes 7 November 28, 2005 Public hearing was opened. Daniel Sterns, Senior Director of Acquisitions and Development Extended Stay Hotels, represented applicant and spoke in support of the project. He clarified a 28-day stay restriction for long-stay business hotels. Phil Campanelli, General Manager of Embassy Suites, spoke in support of the project. 1 J. R. Rodine, Government Affairs consultant for the applicant, spoke in support of the project; thanked Planning staff in presenting economic point-of-view and submitted 26 names of Extended Stay America corporate clients supporting the project. Michael Greenwald, President of Woolley's Petite Suites, spoke in support of the project. Public hearing was closed. Commission discussion ensued regarding benefits of extended-stay hotels, vision for Grand Avenue design corridor and supporting lodging uses, downside of extended-stay hotels, as well as clarification of policy issues regarding zoning and conditional use permits, with emphasis on both leisure and business traveler lodging for Hotel Terrace. Staff discussed the importance of considering the zoning action, which would allow extended stay business hotels in Hotel Terrace, separate from the benefits of the proposed project. The Commission commented that while Extended Stay America provides a quality lodging product, the long-term vision for Hotel Terrace does not include hotels that cater primarily to long-term stay business travelers. 1 MOTION: Recommend that the City Council: 1. Deny Zoning Ordinance Amendment No. 2005-03. 2. Adopt a resolution denying Conditional Use Permit No. 2005-28. 3. Adopt a resolution denying Variance No. 2005-62. 4. Adopt a resolution denying Site Plan Review No. 2005-05. MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: 5. Public Comments No comments were made. 1 6. Staff Comments SECOND: Betancourt Betancourt, Cribb, Gartner, Leo, Lutz, Rodriguez (6) None (0) None (0) De La Torre (1) (for items not on the agenda) STAFF AND COMMISSION COMMENTS No comments were made. 7. Planning Commission Comments Commissioner Rodriguez • Appreciated staff clarifications on the agendized items. Commissioner Cribb • Recommended a study session for the North Bristol project, north of Memory Lane. Planning Commission Minutes 8 November 28, 2005 • Suggested contacting Shea Homes to place a fountain to help with traffic noise mitigation. • Would like a discussion for over concentration of fast food restaurants citywide. • Thanked staff for their efforts with tonight's presentations. Commissioner Betancourt • No comments Commissioner Gartner • Appreciated staff's clarifications with tonight's complex items. Commissioner Lutz • Thanked staff for clarifications with tonight's items. • Recommended verification of permit at southeast corner at 17th/Bush, signage promoting car sales. • Requested update on fire damaged property at northeast corner of 17th/Towner vacant lot; West Floral Park had funded the landscape and the City agreed to maintain the landscape. • Requested monitoring activity at strip mall near Ross/Jefferson on 17t" Street; with gangs, graffiti, and landscape maintenance in front of the building. Vice Chairman Leo • Recommended not having construction between 3:00 p.m. to 7:00 a.m. at Fairview/17th bridge; traffic backups past Bristol at night. • Requested report on how many new laundromats have been approved since the new regulations were adopted in 1995. 8. Excuse of Absences Commissioner Cribb made a motion to excuse the absence of Commissioner De La Torre; motion was seconded by Commissioner Gartner and unanimously approved by the Commission. Meeting dedicated in memory of Fred Munoz, former attorney who served on the Planning Commission. 9. Adjournment 10:04 p.m. Martha Ramirez Recording Secretary i~ Planning Commission Minutes 9 November 28, 2005