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HomeMy WebLinkAbout11-22-2004 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA November 22, 2004 CALL TO ORDER: 5:39 P.M. CITY HALL 20 CIVIC CENTER PLAZA FIRST FLOOR CONFERENCE ROOM 1600 ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb Christopher Leo, Vice Chairman Tom Lutz Glenn Mondo, Chairman Alexander Nalle Kimberly Sinclair COMMISSIONERS ABSENT: Commissioner De La Torre 1 STAFF PRESENT: Steve Harding, Ex. Dir. Plan. & Bldg. Agency Jay Trevino, Planning Manager Ben Kaufman, Mr. Kaufman Karen Haluza, Principal Planner Vince Fregoso, Senior Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR Commissioner Lutz pulled Item C and Commissioner Sinclair pulled Item D for further discussion. MOTION: Approve staff recommendations on the following Consent Calendar items. MOTION: Nalle SECOND: Sinclair VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle, Sinclair(6) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of October 25, 2004. 1 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 8:11 a.m. Pursuant to the Brown Act, the Notice of Cancellation for the November 8, 2004 Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 5, 2004 at 8:16 a.m. Planning Commission Minutes 1 November 22, 2004 RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. NEIGHBORHOOD PROJECT REVIEW NO.2004-18 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. The Commission requested clarification regarding parking standards, lot coverage standards and lack of timely response from the Heninger Park Neighborhood Association. MOTION: Adopt a resolution denying Neighborhood Project Review No. 2004-18. MOTION: Lutz SECOND: Cribb Commissioner Lutz withdrew motion. Following the withdrawal of Commissioner Lutz's motion Commissioner Nalle asked for confirmation that the proposed project meets current development standards. Mr. Kaufman clarified that the project as proposed meets current standards and that the role of the Planning Commission was to consider the quality and compatibility of the architectural design. Commissioner Cribb expressed concerns regarding the proposed addition's bulk and volume. SUBSTITUTE MOTION: Adopt a resolution approving Neighborhood Project Review No. 2004-18 as conditioned. MOTION: Mondo SECOND: Nalle VOTE: AYES: Leo, Mondo, Nalle (3) NOES: Cribb, Lutz, Sinclair (3) ABSTAIN: None (0) ABSENT: De La Torre (1) Mr. Kaufman declared atie-vote. Chairman Mondo offered the applicant the option to accept denial and file an appeal or have the Commission continue the item. Applicant opted to continue the item. SUBSTITUTE MOTION: Continue to December 13, 2004 Planning Commission meeting. MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre (1) D. MINOR EXCEPTION N0.2004-06 Filed by Hung Ta to construct a front yard fence that exceeds the allowed requirements at 1205 North Sheffield Street. Planning Commission Minutes 2 November 22, 2004 RECOMMENDATION: Receive and file the staff report approving Minor Exception No. 2004-06 as conditioned. The Commission expressed concern that the applicant constructed the wall without permits and questioned the applicant's claim of hardship necessitating the higher wall. MOTION: Receive and file the staff report denying Minor Exception No. 2004-06 as conditioned. MOTION: Sinclair E. MINOR EXCEPTION N0.2004-05 Filed by Jesus F. Cazares to allow construction of a front yard arbor with width and depth larger then allowed by Zoning Code at 706 E. Catalina Avenue. VOTE: AYES: Cribb, Lutz, Mondo, Sinclair (4) NOES: Leo, Nalle (2) ABSTAIN: None (0) ABSENT: De La Torre (1) RECOMMENDATION: Receive and file the staff report approving Minor Exception No. 2004-05 as conditioned. r~ L * * * END OF CONSENT CALENDAR * * F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Chairman Mondo met with Mr. Hanna regarding Item 3, World Oil Marketing Company; he also met with Franco Mola regarding City Place, Item 4. Commissioner Cribb stated that the CEO at World Oil Company is a client and therefore he would abstain from voting on item 3. He also met with Franco Mola regarding City Place, Item 4. Commissioner Nalle spoke with Mr. Hanna regarding World Oil Company, Item 3. G. VARIANCE N0.2004-07 (Continued by the Planning Commission October 11, 2004 to October 25, 2004, October 25, 2004 to November 22, 2004.) SECOND: Cribb BUSINESS CALENDAR Filed by Caribou Industries to obtain variances from various provisions on the sign code for Original Mike's Restaurant at 100 South Main Street following referral of Sign No. 3 to Historic Resource Commission and continuance of consideration of Sign No. 6(E). RECOMMENDATION: Adopt a final resolution: 1. Approving Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned (Signs 2 and 3) and 2. Approving Variance No. 2004-07 (E) for Sign No. 6. Vince Fregoso, Senior Planner presented the staff report and recommendation. Planning Commission Minutes 3 November 22, 2004 Commission discussed the items approved on September 27, 2004. Planning staff reported that they had reviewed revised plans for changeable copy sign above doorway and that the design had been improved and staff could now recommend approval. Commission noted that the applicant's representative, Ad Art Sign Company, submitted revised drawings just prior to the meeting for an additional sign that staff indicated they had not yet reviewed. MOTION: Adopt a final resolution: 1. Approving Variance No. 2004-07 Sign 2 (B) to allow one changeable copy sign as conditioned (Signs 2 and 3) subject to Planning Manager approval 2. Approving Variance No. 2004-07 (E) for Sign No. 6 3. Deny 2004-07 for Sign 1 Items A1, A2, A3 4. Deny C1, C3 for Sign 4, approve C2 for Sign 4 5. Approve Item D1 for Sign 5 6. Deny Items D2, D3 for Sign 5 7. Approve Item E for Sign 6 8. Deny Sign 7 Item F 9. Deny Sign 8 Items G1, G2, G3 10. Deny Sign 9 Item H; 11. Deny Sign 10 Item I MOTION: Mondo SECOND: Nalle Chairman Mondo withdrew motion. Discussion ensued on approval for south wall sign, east elevation "can sign", and blade sign without slogans. Mr. Kaufman commented that the application for the variance dealt with the number of information items on the sign. Mr. Kaufman stated that if "Original Mike's" signage including slogans was registered as a "service mark" then local government could not restrict the use of the slogan on the signage. SUBSTITUTE MOTION: Deny all signage. MOTION: Mondo SECOND: Sinclair No voting occurred Discussion ensued regarding approving D1, D2 for Sign No. 5 and denying A3, C3, D3, F, G2 signage items on blade sign (Exhibit 3) not approving slogans. Amendment made to allow animated lights. Discussed precedence that would be set by not denying signage. If the Commission allowed pending approval of the "service mark", noted once approved it is not a slogan, the Commission could not alter the sign. SUBSTITUTE MOTION: MOTION: Leo SECOND: Nalle Adopt a final resolution: 1. Approving Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned (Sign 2), only permitted on Marquee. a. Add the revision to Paragraph 1 that the changeable copy sign . be sent to the Planning Manager for review and approval regarding final construction. b. Amend Condition B1 for the marquee sign on First Street. 2. Approving Variance No. 2004-07 (E) for Sign No. 6 (cabinet signs). 3. Approving 2004-07 D2 for Sign No. 5 to allow animated lighting. 4. Denying A3 for Sign No. 1 (restaurant slogan). Planning Commission Minutes 4 November 22, 2004 VOTE: AYES: NOES: ABSTAIN: ABSENT: H. VARIANCE NO. 2004-10 (Continued by the Planning Cor November 22, 2004.) DISCOVERY SCIENCE CENTER UPDATE (Ann Ni) 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: Continue to December 13, 2004 Planning Commission per applicant's request. MOTION: Continue to December 13, 2004 Planning Commission per applicant's request. MOTION: Mondo SECOND: Sinclair VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre (1) WORK STUDY SESSION l~ t.~ Joe Adams and Robert Smith of the Discovery Science Center (DSC) gave a presentation on proposed expansion plans that could include an outdoor dinosaur exhibit, outdoor display of a Delta rocket, expanded parking and a vehicular bridge. DSC will propose modifications to agreement to phase development. Cribb, Leo, Lutz, Nalle (4) Mondo, Sinclair (2) None (0) De La Torre (1) emission October 11, 2004 to October 25, 2004, October 25, 2004 to Commission discussion ensued with request to reconsider placement of dinosaurs, potential for nuisance with overflow parking in the new lot and that the Delta rocket include the name of the "City of Santa Ana" on the signage. J. Recess to Council Chambers - 6:52 p.m. Planning Commission Minutes 5 November 22, 2004 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 7:01 P.M. NOVEMBER 22, 2004 Commissioner Sinclair dismissed herself; otherwise the same staff was present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO.2004-17 (Continued by the Planning Commission: September 13, 2004 to October 11, 2004; October 11, 2004 fo October 25, 2004, October 25, 2004 to November 22, 2004 public hearing closed.) Filed by The Church in Santa Ana to allow a church in the Single-Family (R1) zoning district at 1102 N. King Street. RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2001-26. 2. Adopt a resolution approving Conditional Use Permit No. 2004-17 as conditioned. Commission discussion ensued regarding neighborhood petitions, noise, traffic impacts, intrusion into the neighborhood, and the potential for additional impacts with the long-term growth of the church. MOTION:. Adopt a resolution denying Conditional Use Permit No. 2004-17 as conditioned. MOTION: Mondo SECOND: Leo Mr. Kaufman stated that the motion would require findings of fact for denial. SUBSTITUTE MOTION: Continue to December 13, 2004 to allow preparation of findings of fact for denial of Conditional Use Permit No. 2004-17. MOTION: Mondo SECOND: Leo VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle (5) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre, Sinclair (2) 2. VARIANCE NO. 2004-08 AND CONDITIONAL USE PERMIT N0.2004-19 (Continued by Planning Commission: October 25, 2004 to November 22, 2004) Filed by Caribou Industries to allow off-street parking and 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: PUBLICLY NOTICED: November 12, 2004 November 12, 2004 Planning Commission Minutes 6 November 22, 2004 RECOMMENDATION: Continue to December 13, 2004 Planning Commission meeting per applicant's request. MOTION: Continue to December 13, 2004 Planning Commission public hearing. MOTION: Nalle SECOND: Leo VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle (5) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre, Sinclair (2) 3. VARIANCE NO. 2004-13, VARIANCE NO. 2004-14, VARIANCE NO. 2004-15. VARIANCE NO. 2004-16, AND CONDITIONAL USE PERMIT NO.2004-27 Filed by World Oil Marketing Company to provide exceptions from various sections of the Santa Ana Municipal Code and to allow after-hours operation for a new service station and convenience store in Zoning District C1 at 1702 North Broadway. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 12, 2004 PUBLICLY NOTICED: November 12, 2004 RECOMMENDATION: Adopt a resolution: 1. Denying Variance No. 2004-13 to reduce the minimum lot size requirement. 2. Denying Variance No. 2004-14 to allow outdoor storage in the C1 zone district. 3. Denying Variance No. 2004-15 to waive the loading zone requirement. 4. Denying Variance No. 2004-16 to reduce required landscape. 5. Denying Conditional Use Permit No. 2004-27. Assistant Planner Lucy Linnaus presented the staff report and recommendation. Commission discussion ensued regarding loading and unloading of the fuel trucks, design standards for the service station, landscape, lot size and 24-hour operation. Public Comments: Frank Barbaro, on behalf of the applicant, commented on circulation pattern and site constraints, commented that refueling could occur in the evening during off- peak hours to reduce potential conflict with on-site stacking, affirmed neighborhood support and indicated that no Alcoholic Beverage Control license would be requested for this site. Richard Tait, Tait & Associates, architect for the project, reviewed project iterations regarding circulation issues, traffic impacts, accessible vehicular pass- . through and stacking lanes. Bill Wilson, Marketing Manager at World Oil Marketing Company commented on circulation concerns, traffic flow, design for dispensers, and delivery truck service. Applicant requested a subsequent meeting with staff to finalize the recommendations, and then return item to the Planning Commission for approval on January 10, 2005. Planning Commission Minutes 7 November 22, 2004 Public hearing closed. MOTION: Continue item to Planning Commission on January 10, 2005. MOTION: Mondo SECOND: Nalle VOTE: AYES: Leo, Lutz, Mondo, Nalle (4) NOES: None (0) ABSTAIN: Cribb (1) ABSENT: De La Torre, Sinclair (2) 4. CONDITIONAL USE PERMIT NO. 2004-24, DEVELOPMENT AGREEMENT NO.2004-03, TENTATIVE TRACT MAP NO.2004-05, VARIANCE NO.2004- 11,ZONING ORDINANCE AMENDMENT N0.2004-05 AND SITE PLAN REVIEW N0.2004-06 Filed by Coastal Rim Properties, Inc. to allow for an 8-story (84 unit) and an 18- story (194 unit) development within MacArthur Place at 200 E. First American Way. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 12, 2004 PUBLICLY NOTICED: November 12, 2004 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-215. 2. Adopt an ordinance approving Development Agreement No. 2004-03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-05. 4. Adopt a resolution approving Conditional Use Permit No. 2004-24 as conditioned. 5. Adopt a resolution approving Tentative Tract Map No. 2004-05 as conditioned. 6. Adopt a resolution approving Variance No. 2004-11 as conditioned. 7. Adopt a resolution approving Site Plan Review No. 2004-06 as conditioned. Vince Fregoso presented the staff report and recommendation. Commission discussion ensued regarding ten-year agreement with two-year extension; prohibiting redevelopment agency assistance, requiring public art contribution, requirement for in lieu fee for parkland, contribution for inclusionary housing, and Airport Land Use Commission (ALUC). Commission recommendations regarding the Conditional Use Permit: • Condition 7 -amend language to require sign program for graphics on park structure facing MacArthur Boulevard • Condition 14 -fireplaces will be electric instead of gas • Condition 65 to include City Council overrule of ALUC determination • Condition 59 -modify to allow mirrors inside elevators, instead of requiring glass elevators • Loft Plan #3 -oven/range should be relocated out from under window • Reconfigure balcony accessibility so that it can be accessed from living room instead of bedroom Franco Mola, reviewed the development agreement language, modification of the CC&Rs, noted exception to the occupancy specifications, stated units will be for sale and not rent. Indicated noise study was conducted regarding the bedroom/bathroom adjacent to each unit, also discussed balcony dimensions and noted floor plan changes to be accommodated. Planning Commission Minutes 8 November 22, 2004 Speakers in support of project: Heide Radisay and Jim Walker Mr. Kaufman commented on neighborhood response to the five-party agreement and stated that in order to overrule Airport Land Use Commission (ALUC), staff needs to prepare findings and allow for a prescribed review period by the ALUC. Public hearing closed. Commission discussed design elements and level of quality expected that should match various displays that were presented, park fee, impacts, funding, and fast food limitations. Requested that the developer indicate if homes to be retrofitted with new windows will be located north of MacArthur Boulevard and define sign program and metal preparation for the project. Mr. Mola indicated the project would be marketed as City of Santa Ana. He indicated that the fireplaces do not require chimneys for venting. Commission noted additional items to be added as project conditions: 1. Noise mitigations 2. Bedroom/bath back-to-back condition should be minimized were practical 3. Balcony access 4. Cast iron drain pipes 5. Units to contain high-technology wiring Commissioner Leo commented that in-lieu fee being paid to meet inclusionary housing requirement is inadequate to meet state-mandated affordable housing requirement. He stated that this should be addressed on future projects. Franco Mola confirmed using cast iron drain pipes and "smart" wiring throughout. MOTION: 1. Approval of project pending execution of five-party agreement. • 2. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-215. 3. Adopt an ordinance approving Development Agreement No. 2004-03. 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004- 05. 5. Adopt a resolution approving Conditional Use Permit No. 2004-24 as conditioned. 6. Adopt a resolution approving Tentative Tract Map No. 2004-05 as conditioned. 7. Adopt a resolution approving Variance No. 2004-11 as conditioned. 8. Adopt a resolution approving Site Plan Review No. 2004-06 subject to the following conditions/changes: a) Development Agreement be amended to include in-lieu park fees be used on park in the southeast quadrant of the City b) To contain no more than 3,000 square feet for fast food uses c) Submit a sign program that includes the graphics on the parking structure d) Provide cast iron drain pipes in each unit e) Provide smart wiring in each unit f) Provide a 3 dB(A) CNEL margin of error for interior noise level by designing to satisfy a maximum of 42 dB(A) CNEL interior noise standard instead of 45 dB(A) CNEL • g) Modify Planning Condition No. 4 to prohibit construction of units with back-to-back bedroom/bathrooms where possible h) Modify Planning Condition No. 9 to apply to primary balconies i) Modify mitigation measure to allow City Council to overrule ALUC j) Fireplaces will be electric and not gas k) Allow mirrors on elevator in lieu of glass back elevators MOTION: Mondo SECOND: Nalle Planning Commission Minutes 9 November 22, 2004 VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle, (5) NOES: None (0) ABSTAIN: None (0) ABSENT: De La Torre, Sinclair (2) 5. Public Comments (for items not on the agenda) No comments were made. STAFF AND COMMISSION COMMENTS 6. Staff Comments No comments were made. 7. Planninct Commission Comments Commissioner Lutz • Requested information about the Santa Ana College expansion at Washington Square dealing with traffic mitigations and closure of streets. • Requested that Public Works investigates West 5th Street, next to Santa Ana River at entry to Willowick, there is an 18-wheeler parked blocking traffic. • Requested Code Enforcement investigates 1615 Freeman, inoperable car in driveway (previous request), broken tree limb on roof of car. • Requested Code Enforcement investigates 1611 Freeman, for lawn maintenance. • Requested follow up with owner to clean up after fire at Civic Center/Freeman. • Inquired as to protocol to handle continuance for Item C. Mr. Kaufman indicated the audiotape and the Minutes would be forwarded to Commissioner De La Torre to resume vote. Commissioner Nalle • No Comments Vice Chairman Leo • Suggested a study session on status of Court of Appeals project from State representative. • Requested a status report from the Santa Ana School District regarding construction projects. Commissioner Cribb • Commented on commercial aircraft flying over Santa Ana and other environmental restrictions in place. • Inquired if bus turnout on arterials has a priority. • Recommended a study session regarding over-concentration of fast food restaurants in the City of Santa Ana. • Commented on good-looking sign at Plaza Drive. • Inquired as to what influence the Commission has over the Court of Appeals. Chairman Mondo • • Requested status update on cul-de-sac at 1102 North King Street. Transportation Manager Gomez provided information. 8. Excuse of Absences Moved by Commissioner Cribb, Seconded by Commissioner Nalle to excuse the absence of Commissioner De La Torre, supported by unanimous vote. ~~ 9. Adjournment 9:27 P.M. Martha Ramirez, Recor ' g Secretary Planning Commission Minutes 10 November 22, 2004