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HomeMy WebLinkAbout04-11-20051 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA April 11, 2005 CALL TO ORDER: 5:11 P.M. CITY HALL ROSS ANNEX CONFERENCE 1600 20 CIVIC CENTER PLAZA ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb (arrived 5:20 pm) Harvey De La Torre James Gartner Christopher Leo, Vice Chairman (arrived 5:33 p.m.) Tom Lutz Glenn Mondo, Chairman Alexander Nalle STAFF PRESENT: Steve Harding, Ex. Dir., Plan. & Bldg. Agency Jay Trevino, Planning Manager Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Principal Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR 1 MOTION: Approve staff recommendations on the following Consent Calendar. Commissioner De La Torre pulled Item C for further discussion. MOTION: Nalle SECOND: De La Torre VOTE: AYES: De La Torre, Gartner, Mondo, Nalle (4) NOES: None (0) ABSTAIN: Lutz (1) ABSENT: Cribb, Leo (2) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of March 28, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the March 28, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on March 23, 2005 at 9:37 a.m. RECOMMENDATION: 1 Instruct the Commission Secretary to enter posting into the minutes. C. CONDITIONAL USE PERMIT NO. 2005-02 Filed by Hoang Huy Tu to allow the sale of beer and wine for on-premise consumption at the Pho Tau Bay restaurant at 3610 West First Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2005-02 as conditioned. Planning Commission Minutes 1 April 11, 2005 Commissioner De La Torre commented on the hours of operation. Staff provided clarification. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2005-02 as conditioned. MOTION: Nalle SECOND: Gartner VOTE: AYES: De La Torre, Gartner, Lutz, Mondo, Nalle (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Cribb, Leo (2) D. MINOR EXCEPTION NO. 2005-02 Filed by Heather Taylor to permit a vinyl fence that exceeds the zoning code height requirement at 501 East Virginia Avenue. RECOMMENDATION: Receive and file the staff report approving Minor Exception No. 2005-02 as conditioned. * * * END OF CONSENT CALENDAR * * ~' BUSINESS CALENDAR E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Chair Mondo and Commissioner Gartner, on separate occasions, met with Cindy Nelson and Corey Alder to discuss the Nexus project. WORK STUDY SESSION F. REVIEW OF THE MAC ARTHUR PLACE SOUTH MIXED-USE PROJECT Planning Manager Trevino gave an introductory overview of the project, providing the background and evolution of the project. Some of the key points discussed included: improved urban design, place making, pedestrian orientation, connecting the parts, mix of uses and Integral condominiums. Nexus President, Corey Alder commented on the changes that have enhanced the project. Commissioner Lutz commented on the longevity and maintenance of the decorative paving concrete at the entry and inquired about the condo front doors' location and accessibility. Mr. Alder and architect, Jim Ridge provided information. Commissioner Gartner commented on the appeal of the ground level brownstone and the project's urban design. Commissioner Nalle commented on the proposed underground parking. Commissioner Cribb inquired about the possibility for special events, such as fundraisers, to be held on the amenity deck between the Twin Towers. He stated that South Main Street would become an active pedestrian area. He thanked the developer for awell-designed project. Commissioner De La Torre commented on the provision of adequate lighting, primarily to the parking area and along walkways. Mr. Alder and architect, Planning Commission Minutes 2 April 11, 2005 Renzo Zecchetto, reviewed the proposed lighting features in conjunction with police restrictions. Vice Chair Leo commented on the mitigated traffic issues and thanked the developer for their efforts. ~J i Chair Mondo made the following comments: • Revise mitigation measure N6 to modify construction hours on Saturdays to not start earlier than 8:00 a.m. • Park in-lieu fee -neighborhood parks are heavily used and have program schedules more like regional parks. Would like in-lieu funding to be expended at local parks (Sandpointe, Lillie King, and Bomo Koral). Chief Assistant City Attorney Kaufman will advise. • Commented on traffic mitigations, major impacts for proposed lanes to SR55/MacArthur Boulevard/SR22. • Pedestrian circulation as depicted in EIR is substantially different than what was most recently provided to the Planning Commission. Will recommend to Council that all traffic mitigation measures be implemented • Lake is not accessible enough to pedestrians. • Dynamic lake features, what is included and/or excluded • Enhanced landscaping, provide more detail • Art pieces along the promenade, need specific details • Provide information on future new access points of improvements -North Tower down to the lake (lower condos access) • Main/Mac Arthur entry for residents only, considering "restricted" entry • Landscape plan to identify trees (number, growth, longevity, hardscape/softscape) • Office space, is it long term for lease or sale? Does builder use it? • Need detail for footbridge from lobby to amenity deck, also equipped with elevator, avoid "dead space". • Page 58 stated no construction vehicle on site; where are vehicles going to park? • Interior management, provide more detail • Consider an opportunity to provide creative new city entry monumentation that ties in with the project. G. Recess to Council Chambers (6:44) Planning Commission Minutes 3 April 11, 2005 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA APRIL 11, 2005 ROLL CALL 6:58 P.M. Same staff was present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2005-03 (Continued by Planning Commission: March 28, 2005 to April 11, 2005) Filed by Abel Food Service, Abel Salazar, to allow the overnight parking of certain vending type vehicles at 2520 South Birch Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 18, 2005 PUBLICLY NOTICED: March 18, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2005-03 as conditioned. Commissioner Gartner abstained and left the room due to a conflict of interest. Associate Planner, Bill Apple provided the staff report and recommendations. Commissioner De La Torre inquired as to the City's ability to allow only those trucks that have a valid Santa Ana business license. Ben Kaufman provided clarification. Commissioner Lutz inquired as to the status of any soil contamination on the property, a former BASF site. Associate Planner Apple clarified that remediation is ongoing at the site and that the Fire Department is aware of it. The contaminated area is away from the truck parking area and the facility will require County Health permits. Vice Chair Leo clarified lot zoned as industrial. Public hearing was opened. Chair Mondo acknowledged written letter of support received from Eileen Krause from the Garnsey Business Community Watch. Jerry King represented owners and commented that wells are monitored for safety, trash enclosures were addressed with applicant and landscape considerations are underway. Mr. King stated Mr. Salazar understood all conditions and that failure to comply could result in a revocation of the conditional use permit. Evangeline Gawronski and Julie Stroud would like to consider another use for this property. James Kendrick voiced concern that the applicant may not be able to maintain the facility. Jerry King responded to the public concerns. Planning Commission Minutes 4 April 11, 2005 Public hearing was closed. Commissioner Cribb expressed concerns about lack of public involvement in the project. MOTION: Adopt a resolution approving Conditional Use Permit No. 2005-03 as conditioned. Added the following modifications (1) trucks are to be maintained clean and in compliance with Planning Condition No. 4; (2) an eight foot high masonry wall will replace the chain link fence adjacent to Central Avenue with vines planted and maintained; modifying Planning Condition No. 10; (3) all trash enclosures shall be equipped with locking covers or lids; (4) submit a landscape plan to be approved by the City that provides trees and landscaping along street frontages and (5) all vending vehicles parking at the facility must obtain a valid Santa Ana City Business license and/or other necessary permits or licenses which shall be posted on the vehicle. MOTION: Nalle SECOND: Leo VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle (5) NOES: Cribb (1) ABSTAIN: Gartner (1) ABSENT: None (0) 2. DEVELOPMENT AGREEMENT NO. 1990-03 Filed by C. J. Segerstrom and Sons to allow an extension of Development No. 1990-03 for the Lake Center Office Park in the Specific Development No. 58 (SD- 58) zoning district at 3500 West Lake Center Drive. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: Recommend that the City Council adopt an ordinance approving the amendment to Development Agreement No. 1990-03. Principal Planner, Karen Haluza presented the staff report and recommendation. Public hearing was opened. No one spoke during the public hearing Public Hearing was closed. Commission requested more detail on the original development agreement and recommended continuing the item to allow additional time to review. MOTION: Continue the April 25, 2005; Planning agreement. MOTION: Mondo VOTE: AYES: NOES: ABSTAIN: ABSENT: public hearing for two weeks, to Planning Commission on ~ Commission to be provided with a copy of the existing SECOND: Cribb Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nagle (7) None (0) None (0) None (0) Planning Commission Minutes 5 April 11, 2005 3. ZONING ORDINANCE AMENDMENT NO. 2005-01, CONDITIONAL USE PERMIT NOS. 2005-05, 2005-06, AND 2005-07 Filed by Calvary Chapel of Costa Mesa, Inc. to amend Specific Development No. 58 (SD-58) to allow trade schools and private recreational facilities at 3000 and 3100 West MacArthur Boulevard. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. Senior Planner, Vince Fregoso presented the staff report and recommendation. Commission discussion ensued regarding tax impacts, netting height and other considered uses for the property. Mr. Kaufman indicated that the property was owned by non-profit thus exempt from property taxes. Chair Mondo questioned condition regarding practice being in field. Staff referred Commission to Planning Condition No. 3 that addressed the netting and batting restriction. Public hearing was opened. Lance Emma, Calvary Chapel employee, requested modification plans for proposed trees for the site along Lake Center and Susan Street. Staff indicated that canopy trees are most appropriate for the site and will work with Mr. Emma on alternative tree selection. Jeffery Dorman, applicant, indicated conditional use permit stipulated practice field for in-field practice and soccer and not batting. Public hearing was closed. MOTION: Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. 5. Added condition, staff to work with Calvary Chapel to provide suitable canopy trees. Staff noted Planning Condition No. 3 does stipulate golf style nets shall be installed, applicant concurred. MOTION: Nalle SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes 6 April 11, 2005 4. CONDITIONAL USE PERMIT NO. 2005-04 Filed by Neal P. O'Toole to allow a second story addition to an accessory structure in the Single-Family Residential (R1) zoning district at 1808 North Greenleaf Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2005-04 as conditioned. Associate Planner, Melanie McCann presented the staff report and recommendation. Public hearing was opened. Applicant, Neal O'Toole commented that proposed project would not impact the neighbors. Public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2005-04 as conditioned. MOTION: Cribb SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5. CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 Filed by JBA/Asian Companies, Inc. to allow a car wash and after hours operation of a service station and a variance to reduce the required landscape setbacks for a Mobil Service station in the Arterial Commercial (C5) zoning district at 100 West MacArthur Boulevard. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240. 2. Adopt a resolution approving Conditional Use Permit No. 2005-08 (a) as conditioned to allow a car wash. 3. Adopt a resolution approving Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation. 4. Adopt a resolution approving Variance No. 2005-04 as conditioned. Senior Planner, Vince Fregoso presented the staff report and recommendation. Staff requested an additional condition to add lighting to south part of the alley, - adjacent to the sound wall. Commission discussed changing the hours of operation, from 7:00 a.m. to 7:00 p.m. and the construction hours on Saturday not beginning earlier than 8:00 a.m. Public hearing was opened. Planning Commission Minutes 7 April 11, 2005 Applicant representative, Scott Peotter, presented an overview of the convenience store and car wash and addressed the noise mitigation (tunnel is east/west away from residents); noted agreement with lighting the alley. Judy Edge and Corey Alder spoke in opposition to the project. Public hearing was closed. Commission discussion ensued regarding appropriate land uses, hours of operation and impact on the proposed development in South MacArthur Place. Planning considered the project appropriate, given size of site, noted improvements from applicant, and applicant's perspective in making substantial investment on the property. Vice Chair Leo concerned with traffic generation and setbacks. MOTION: Continue the public hearing for 30 days, return to Planning Commission on May 9, 2005. MOTION: Mondo SECOND: Cribb Motion died due to lack of vote. After additional discussion, a substitute motion was proposed in order to allow a study of the project design adjacent to residential, also to better integrate with the MacArthur Place South project across the street as well as meet the applicant's escrow deadline. SUBSTITUTE MOTION: Continue public hearing for two weeks to Planning Commission on April 25, 2005. MOTION: Leo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6. DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2004-02 Filed by the City of Santa Ana to receive public comments on the Draft Environmental Impact Report (EIR) for the MacArthur Place South development project at the southeast corner of MacArthur Boulevard and Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: Receive and file public comments on Draft Environmental Impact Report No. 2004-02 for the MacArthur Place South development project. Associate Planner, Ann Ni presented the staff report and recommendation. Public hearing opened. Richard Merritt, resident at Murphy and Alder, voiced concern on loss of the Saddleback Mountain view, blocking of sunrise, amount of parking provided, and shadowing, potential conflict with emergency aircraft landing, lighting and parking in Hutton Centre. Mr. Merritt also stated that abus-parking turnout on Main Street was eliminated, expressed concern about fire department accessibility, and noted school impacts, additional water and electricity demands and west traffic impacts on Sandpointe Avenue. Planning Commission Minutes 8 April 11, 2005 Theresa Delvac referenced Page 393 Section 3.2 of the EIR and stated that the EIR is legally inadequate. She read a prepared statement and commented that the EIR did not consider a range of alternatives, housing density versus safety, did not address aviation use and she opposed the height of the proposed tower. Public hearing was closed. Commissioner Nalle inquired about frequency of landings of heavy jets at Orange County. 7. Public Comments (for items not on the agenda) James Kendrick commented on behalf of Wilshire Square Association with regards to discrepancy with allowable standards for residential add-ons. Chair Mondo requested specific information with addresses to have staff review the applications. Planning Manager Trevino indicated that once plans are approved, code inspectors should not alter. Wilshire Square CommLink representative will contact Principal Planner, Karen Haluza. Judy Edge requested that City ordinance available on website be updated to indicate vinyl as an allowed fencing material. Staff commented that for fences requiring permits, the current code does not allow vinyl as a material. STAFF AND COMMISSION COMMENTS 8. Staff Comments No comments were made. 9. Planning Commission Comments Commissioner Lutz • Commented on Washington Square Neighborhood Association's concern with increase of garage conversions in the neighborhood. He stated that realtors advertised homes as "garage conversions", recommended a study session at Historic Resources Commission to review what is allowed. Commissioner Gartner • No comment Commissioner Nalle • No comment Vice Chair Leo • Commented that Starbucks at Memory and Bristol is open. • Requested an updated memo on plans to repaint the City water tower. Commissioner De La Torre • Thanked staff for their efforts on current projects. Chair Mondo • Requested removal of graffiti on the netting on the fence, and landscape update on Cathedral site on Mac Arthur, south end of the City. • South Coast neighborhood having parking problems, what is process to set up parking district. 10. Excuse of Absences 11. Adjournment 9:12 pm Martha Ramirez, Recordi Secretary Planning Commission Minutes 9 April 11, 2005