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HomeMy WebLinkAbout12-13-2004ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA December 13, 2004 CALL TO ORDER: 5:17 P.M. CITY HALL 20 CIVIC CENTER PLAZA FIRST FLOOR CONFERENCE ROOM 1600 ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb (arrived 5:28 p.m.) Harvey De La Torre Christopher Leo, Vice Chairman Tom Lutz Glenn Mondo, Chairman Alexander Nalle Kimberly Sinclair STAFF PRESENT: Steve Harding, Ex. Dir. Plan. & Bldg. Agency Jay Trevino, Planning Manager Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Principal Planner Vince Fregoso, Senior Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Correct address on Commissioner Lutz's comments on 11/22/04 (page 14 of Minutes), should be 1601 Freeman Street; approve staff recommendations on the following Consent Calendar items. MOTION: Lutz SECOND: Leo VOTE: AYES: Leo, Lutz, Mondo, Nalle (4) NOES: None (0) ABSTAIN: De La Torre, Sinclair (2) ABSENT: Cribb (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of November 22, 2004. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the November 22, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 19, 2004 at 8:21 a.m. RECOMMENDATION: • Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR Planning Commission Minutes 1 December 13, 2004 BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Chairman Mondo met with Planning staff and Mr. Bisno regarding the City Place project. D. CONDITIONAL USE PERMIT NO.2004-17 (Continued by the Planning Commission: September 13, 2004 to October 11, 2004; October 11, 2004 to October 25, 2004, October 25, 2004 to November 22, 2004 public hearing closed; November 22, 2004 to December 13, 2004.) Filed by The Church in Santa Ana to allow a church in the Single-Family (R1) zoning district at 1102 N. King Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 3, 2004 PUBLICLY NOTICED: September 2, 2004 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2004-17. Mr. Trevino indicated staff complied with request from Commission to submit findings of fact to support denial. MOTION: Adopt a resolution denying Conditional Use Permit No. 2004-17. MOTION: Leo SECOND: Lutz VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle (5) NOES: Sinclair (1) ABSTAIN: None (0) ABSENT: Cribb (1) E. VARIANCE NO. 2004-10 (Continued by the Planning Commission October 11, 2004 to October 25, 2004, October 25, 2004 to November 22, 2004, November 22, 2004 to December 13, 2004.) Filed by Caribou Industries to provide exceptions from various provisions of the sign code for the Orange County Performing Arts Pavilion at 801 North Main Street. RECOMMENDATION: Adopt a resolution: 1. Approving Variance No. 2004-10 (B1) for Sign No. B; 2. Approving Variance No. 2004-10 (C1) for Sign No. C; 3. Approving Variance No. 2004-10 (D1) for Sign No. D; 4. Approving Variance No. 2004-10 (D2) for Sign No. D; 5. Approving Variance No. 2004-10 (D3) for Sign No. D; 6. Approving Variance No. 2004-10 (D4) for Sign No. D; 7. Approving Variance No. 2004-10 (D5) for Sign No. D; 8. Approving Variance No. 2004-10 (E1) for Sign No. E. Assistant Planner, Lucy Linnaus presented the staff report and recommendation. • She noted Applicant withdrew requests for Sign No. 1 Items A1, A2, and Item C2 for Sign No. 4. Staff noted addition of Planning Condition No. 4; stating the non-permitted rooftop sign comes down prior to issuance of any building permit(s) and also noted that prior to the meeting, applicant submitted the withdrawal of the northern sign request. Planning Commission Minutes 2 December 13, 2004 MOTION: Adopt a resolution: 1. Add Planning Condition 4 stating that the non-permitted rooftop sign shall be removed prior to issuance of any building permit(s). 2. Approving Variance No. 2004-10 (B1) for Sign No. B; 3. Approving Variance No. 2004-10 (C1) for Sign No. C; 4. Approving Variance No. 2004-10 (D1) for Sign No. D; 5. Approving Variance No. 2004-10 (D2) for Sign No. D; 6. Approving Variance No. 2004-10 (D3) for Sign No. D; 7. Approving Variance No. 2004-10 (D4) for Sign No. D; • 8. Approving Variance No. 2004-10 (D5) for Sign No. D; 9. Approving Variance No. 2004-10 (E1) for Sign No. E. MOTION: Nalle SECOND: Lutz VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Cribb (1) F. NEIGHBORHOOD PROJECT REVIEW NO.2004-18 (Continued by Planning Commission: November 22, 2004 to December 13, 2004) Filed by Blanca Frey to allow construction of a residential addition in the Specific Development 40 zone at 922 South Ross Street. RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 2004-18. Senior Planner, Sergio Klotz presented the staff report and recommendation. Ginelle Hardy representing Heninger Park Association noted approval of project. Mr. Kaufman explained that the prior failure of the motion to approve (3:3 tie vote) did not constitute a denial of the project and that the Chair has the discretion to declare an impasse, as Chair Mondo did, and offered a continuance to the applicant. MOTION: Adopt a resolution approving Neighborhood Project Review No. 2004-18. MOTION: De La Torre SECOND: Nalle VOTE: AYES: De La Torre, Leo, Mondo, Nalle (4) NOES: Cribb, Lutz, Sinclair (3) ABSTAIN: None (0) ABSENT: None (0} WORK STUDY SESSION G. NEXUS MIXED-USE DEVELOPMENT (Jay Trevino) Mr. Trevino reported on the status of the project and provided the Commission with an overview of the project consideration process and major milestones, . including the EIR, public review period for the draft environmental document and Airport Land Use Commission (ALUC) involvement. John Kaliski, the City's architectural review consultant, provided an overview of his comments on the conceptual master plan. He commented that the applicant has made significant progress in responding to staff's comments. Mr. Kaliski did note that the recent changes in conceptual plans have created inconsistencies within the plans themselves. He stated that staff's review would Planning Commission Minutes 3 December 13, 2004 continue and that the plans would need to move from their current conceptual status to schematic and, ultimately, construction-level detail. Commissioner Leo commented on pedestrian-linkage with accessibility across the street, and inquired about marker plans for the entryway into the City. Cory Alder of Nexus Development commented that they are still updating renderings and will continue to work to get requested changes into plan form. He indicated that the "piazza"/parking lot design is still being refined and that he is investigating the use of adjacent parking structures in order to provide adequate parking supply should the "piazza"/parking lot be programmed for special events, such as a Farmer's Market. Commissioner De La Torre recommended review of Mr. Kaliski's analysis of the project elements in detail. He inquired about the community outreach efforts. Mr. Alder confirmed that a meeting with the Sandpointe Neighborhood occurred and several items were discussed (wall, church, drop-off areas and easements, traffic mitigations, parking, and underground utilities). Commissioner Cribb commented that plans should indicate the locations of any water elements that will be constructed as part of the project and that these elements be emphasized and, where appropriate, used to mask exterior noise. Vice Chair Leo requested that staff provide the Commission with a better understanding of how this city gateway will look with the construction of the Nexus and Mola projects. Chairman Mondo discussed a list of issues requiring review with the developer and staff for implementation to the project plan. H. Recess to Council Chambers (6:34 p.m.) Planning Commission Minutes 4 December 13, 2004 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA DECEMBER 13, 2004 ROLL CALL 6:50 P.M. Same staff present PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS 1. RECONSIDERATION OF VARIANCE NO.2004-08 (Continued by Planning Commission: October 25, 2004 to November 22, 2004, November 22, 2004 to December 13, 2004) Filed by Caribou Industries to allow off-street parking for the Orange County Performing Arts Pavilion at 801 North Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 12, 2004 PUBLICLY NOTICED: November 12, 2004 RECOMMENDATION: Adopt a resolution approving Variance No. 2004-08 as conditioned. Assistant Planner, Lucy Linnaus presented the staff report and recommendation. Chair Mondo opened the public hearing. No members of the public spoke on this issue and the floor was closed to further public comments. Commission discussion ensued regarding Planning Condition No. 2, availability of administrative relief or amendment to the variance, and Police Condition No. 2, manner of graffiti removal on the marble face. MOTION: Adopt a resolution approving Variance No. 2004-08 as conditioned with two revisions: • Planning Condition No. 2 that the Planning Commission be advised of any proposed changes to the variance and • Police Condition No. 2, that graffiti on the marble finish be removed and not painted over MOTION: Mondo SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NO.2004-19 (Continued by Planning Commission: October 25, 2004 to November 22, 2004, November 22, 2004 to December 13, 2004) Filed by Caribou Industries to allow a Type 47 Alcoholic Beverage Control license for on-premise sale of beer, wine and distilled spirits for the Orange County Performing Arts Pavilion at 801 North Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 12, 2004 PUBLICLY NOTICED: November 12, 2004 Planning Commission Minutes 5 December 13, 2004 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-19 as conditioned. Assistant Planner, Lucy Linnaus presented the staff report and recommendation. Commission discussion ensued regarding the prospective restaurant operator and restaurant signage. Staff indicated that appropriate signage could be accommodated when the restaurant is identified. The applicant, Mike Harrah, • indicated that he would not be seeking signage that varied from the code's allowed standards for the restaurant use. Public hearing closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2004-19 as conditioned with the addition of the two revisions: (1) Planning Condition No. 2, that the Planning Commission be advised of any proposed changes and (2) Police Condition No. 2, that marble be cleaned and not painted over. MOTION: Leo VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Lutz Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) None (0) None (0) None (0) 3. ZONING ORDINANCE AMENDMENT NO. 2004-06; ENVIRONMENTAL IMPACT REPORT NO. 2004-01; DEVELOPMENT AGREEMENT NO. 2004-04; CONDITIONAL USE PERMIT NO. 2004-28; SITE PLAN REVIEW NO. 2004-05; • AND VESTING TENTATIVE TRACT MAP NO. 2004-06 (COUNTY MAP NO. 16565 (Continued by Planning Commission: October 25, 2004 to December 13, 2004) Filed by Robert Bisno for Transaction Financial Corporation to allow the City Place mixed-use development consisting of approximately 57,700 square feet of commercial space and 242 residential units within Specific Development No. 59 zoning district at 2775 North Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 15, 2004 PUBLICLY NOTICED: October 15, 2004 RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-06. 3. Adopt an resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2004-05. • Senior Planner, Sergio Klotz presented the staff report and recommendation. He noted that the public comment period for the EIR was closed and the proposal was submitted to Commission with certification of the Environmental Impact Report (EIR), as well as a detailed list of responses to Commission's prior comments. Commission discussed condition that ground floor cannot be used for living quarters, that the applicant would conduct a study to review potential for high-rise Planning Commission Minutes 6 December 13, 2004 development within the specified time constraints, the potential uses for the cultural in-lieu fee, the prohibition on leasing out workspace lofts, clarified the use of metal/composite materials and discussed existing entry agreement and balcony proposal. Public comments: The applicant, Mr. Bisno stated he would be doing further study as to the viability of the future development of a high-rise tower. Kitty Canada and Lenette Ball spoke in support of the project. Cecile LaForce, Karen Igar, Martha McMillan and Jack Hamilton expressed their concerns about the project relating to hours of construction, construction noise, traffic impacts, elimination of open space and overall adequacy of the EIR. Public hearing closed. The Commission resumed discussion regarding the affordable housing in-lieu fee, the cultural in-lieu fee, expenditure of park in-lieu fee, and clarification of the adequacy of the EIR. Chief Assistant City Attorney Kaufman confirmed that the EIR had adequately analyzed the proposed project. Chairman Mondo summarized items to be reviewed with the developer and staff: use of stamped asphalt in residential/pedestrian/vehicle mixed-use areas is acceptable but unit pavers should be used in pedestrian-only areas; Specific Development No. 59, should prohibit parking of recreational vehicles, boats and trailers on site, and glass/windows in retail portion shall not be opaque or painted; park access with consideration of a pedestrian crosswalkstop-light, in- lieu art fee, construction hours should be limited to 7:00 a.m. to 4:30 p.m., and spending park fees in Santiago Park. • Commissioner Sinclair expressed concerns about lack of identifiable restaurant, or grocery tenants. MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 2004-01. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004- 06. 3. Adopt a resolution approving Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2004-28, as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565) as conditioned. 6. Adopt a resolution approving Specific Plan Review No. 2004-05. Subject to the following revisions and conditions as stated by Chairman Mondo: 1) Use of unit pavers in areas primarily designated for pedestrian use, 2) Amend Page 19 of Specific Development No. 59 to prohibit the on- Specific parking and storage of boats, trailers and recreational • vehicles, 3) Amend Page 28 of Specific Development No. 59 that opaque/painted glass is not permitted in retail uses, 4) Place restriction on the use of the in-lieu fees towards design or construction of a theater, 5) Limit hours of construction to 7:30 a.m. to - 4:30 p.m. Monday through Saturday, Planning Commission Minutes 7 December 13, 2004 6) In-lieu park fees be paid by the developer and used within applicable quadrant of the city and with priority given to Santiago Park, and 7) Consider crosswalk at Crescent and Memory Lane towards Santiago Park based on Public Works Agency recommendation. Manuel Gomez, Transportation Manager discussed preliminary study conducted for crosswalk and expressed lack of support for amid-block crossing with stop sign. He encouraged pedestrian crossing at Lawson and, should mid-block • crossing still be considered, that a signal be provided. MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Sinclair (1) ABSTAIN: None (0) ABSENT: None (0) Chairman Mondo called athree-minute recess at 8:05 p.m. Public Hearing resumed at 8:08 p.m. 4. CONDITIONAL USE PERMIT NO.2004-29 Filed by Delta Groups Engineering for Sprint PCS to construct a 50-foot monopine wireless communication facility in the Open Space zone at 2116-3/4 West Monte Vista Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 3, 2004 PUBLICLY NOTICED: December 3, 2004 • RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-29 as conditioned. Landscape Development Associate, Marvin Ellenbecker presented the staff report and recommendation. Commissioner De La Torre inquired if school board was in agreement with proposal. Staff concurred. Jason Kozora, Sprint PCS representative, commented in support of the project. Public hearing closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2004-29 as conditioned. MOTION: De La Torre SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5. MODIFICATION TO VARIANCE NO.2003-03 Filed by Eric Saline to allow a modification to an existing variance in the R-1 zoning district for property at 1811 North Heliotrope. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 3, 2004 PUBLICLY NOTICED: December 3, 2004 Planning Commission Minutes 8 December 13, 2004 RECOMMENDATION: Adopt a resolution denying modification to Variance No. 2003-03. Chairman noted receipt of a petition from Lew Janowsky and Summary of Facts from Eric Saline. Commissioner Nalle abstained from project due to living within close proximity. Senior Planner, Sergio Klotz presented the staff report and recommendation. Public comments. Applicant Eric Saline commented in support of project indicating his primary purpose with window installation was to allow ventilation. Applicant Sherry Saline commented on conditions of variances being setbacks and firewall. She indicated that changes occurred at onset of project. She noted efforts to appease neighbor. Mr. Lew Janowsky stated that he would prefer that the Commission's original approval be upheld. Chairman Mondo inquired if applicant objected to opaque glass if windows did not open. Applicant responded that he would prefer ventilation. Public hearing closed. MOTION: Adopt a resolution denying modification to Variance No. 2003-03. MOTION: Sinclair SECOND: Lutz VOTE: AYES: Lutz, Mondo, Sinclair (3) NOES: Cribb, De La Torre, Leo (3) - ABSTAIN: Nalle (1) ABSENT: None (0) Chairman Mondo gave the applicant the option to accept a denial and submit an appeal to the City Council or continue item to the Planning Commission meeting on January 10, 2005. Mr. Trevino suggested that staff and the applicant consult with Commissioner Lutz to review his alternative window designs that would allow light/ventilation and not pose the privacy impacts to Mr. Janowsky. Mr. Kaufman noted clarification that staff would need to confirm that construction meets Fire/Building and Safety codes. SUBSTITUTE MOTION: Continue the item to January 10, 2005 Planning Commission. MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Sinclair (6) NOES: None (0) ABSTAIN: Nalle (1) ABSENT: None (0) 6. Public Comments (for items not on the agenda) No comments were made. Planning Commission Minutes 9 December 13, 2004 STAFF AND COMMISSION COMMENTS 7. Staff Comments Mr. Trevino thanked Commission Secretary for Christmas food service. 8. Planning Commission Comments Commissioner Lutz • Thanked staff for follow up responses. Commissioner Sinclair • Inquired about response to parking at apartment complex at Grand and SR5. Staff responded. Commissioner Nalle • No comments Commissioner Leo • Requested that Code Enforcement verify porch compliance at 1808 N. Heliotrope. Commissioner Cribb • Also requested verification of porch compliance at 1808 N. Heliotrope. • Requested that synchronization of signal lights near Discovery Science Center be checked. • Requested removal of dead tree at 1804 Tustin. Commissioner De La Torre • No comments Chair Mondo • Requested update on status of landscape plans for First/Main Streets. • Requested status update on 5-year re-review report for cell Specific Conditional Use Permits. • Requested confirmation that necessary funds have been budgeted for repairs to Civic Center fountain. 9. Excuse of Absences 10. Adjournment 9:16 p.m. Adjourn meeting to January 10, 2005 at 5:30 p.m. in the City Hall Ross Annex First Flaor Conference Room 1600, 20 Civic Center Plaza, Santa Ana, California G~ ~CG%f~1~~~~~-~ Martha Ramirez Commission Secretary Planning Commission Minutes 10 December 13, 2004