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HomeMy WebLinkAbout10-25-2004ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA 1 1 October 25, 2004 CALL TO ORDER: 5:34 P.M. CITY HALL COUNCIL CHAMBERS 20 CIVIC CENTER PLAZA CONFERENCE ROOM 1600 ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb 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 Vince Fregoso, Senior Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. Commissioner De La Torre noted Commissioner Communication Disclosure for Item C - Conditional Use Permit No. 2004-15 and Item D- Conditional Use Permit No. 2004-16, he spoke with owners regarding their project status. MOTION: De La Torre VOTE AYES: NOES: ABSTAIN: ABSENT: A. MINUTES RECOMMENDATION: SECOND: Sinclair Cribb, De La Torre, Leo, Lutz, Mondo, Sinclair (6) None (0) Nalle (1) None (0) Approve the minutes of the regular meeting of October 11, 2004. 1 B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the October 11, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on October 8, 2004 at 9:11 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. PLANNING COMMISSION MINUTES OCTOBER 25, 2004 C. CONDITIONAL USE PERMIT NO. 2004-15 (Ann Ni) Filed by Maurizio Foods/Philly's Best to allow a Type 41 Alcoholic Beverage Control for on-sale beer and wine license in conjunction with abona-fide restaurant in the General Commercial (C2) zoning district at 1804 North Tustin Avenue, Unit B. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-15 as conditioned. D. CONDITIONAL USE PERMIT NO.2004-16 (Ann Ni) Filed by Limson Inc./Ami Sushi to allow a Type 41 Alcoholic Beverage Control for on-sale beer and wine license in conjunction with abona-fide restaurant in the General Commercial (C2) zoning district at 1804 North Tustin Avenue, Unit C. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-16 as conditioned. E. CONDITIONAL USE PERMIT N0.2004-26 (Verny Carvajal) Filed by American DMT, Inc., dba Niko Niko Sushi to allow a Type 41 on-sale beer and wine license at an existing sit-down restaurant in the Commercial Residential/Single-Family Residence (CR/R1) zoning district at 3941 South Bristol Street, Suite F-1. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-26 as conditioned. * * * END OF CONSENT CALENDAR BUSINESS CALENDAR F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb spoke with Mr. Bisno regarding City Place project. Commissioner Nalle spoke with Mr. Bisno regarding City Place project. G. VARIANCE N0.2004-07 (Vince Fregoso) (Continued by the Planning Commission October 11, 2004 to October 25, 2004.) 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: Continue to November 22, 2004. MOTION: Continue to November 22, 2004. MOTION: Lutz SECOND: Nalle PLANNING COMMISSION MINUTES 2 OCTOBER 25, 2004 VOTE AYES: NOES: ABSTAIN: ABSENT: H. VARIANCE NO.2004-10 (Continued by the Planning Co Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) None (0) None (0) None (0) (Lucy Linnaus) mmission October 11, 2004 to October 25, 2004.) Filed by Caribou Industries to allow off-street parking and 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 November 22, 2004. MOTION: Continue to November 22, 2004. MOTION: Nalle VOTE AYES: NOES: ABSTAIN ABSENT: 1 1 SECOND: Leo Cribb, De La Torre, Nalle, Sinclair (7) None (0) None (0) None (0) Leo, Lutz, Mondo, WORK STUDY SESSION I. UPDATE ON THE AIRPORT ENVIRONS ELEMENT (Jay Trevino) Planning Manager Trevino provided an update on dealings with the Airport Land Use Commission (ALUC). Based on recent meetings with ALUC staff, the City withdrew the revised airport environs element from ALUC's consideration and left the 1987 element in place. Discussion ensued on the override process, ALUC concerns, and the impact on projects in the MacArthur Place/Hutton Center area. J. Recess to Council Chambers (6:05 p.m.) PLANNING COMMISSION MINUTES 3 OCTOBER 25, 2004 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 6:14 P.M. The same staff was present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS 1. VARIANCE NO.2004-08 AND CONDITIONAL USE PERMIT NO.2004-19 OCTOBER 25, 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: October 15, 2004 RECOMMENDATION: 1. Move to reconsider Variance No. 2004-08 and Conditional Use Permit No. 2004-19. 2. Continue to November 22, 2004. LJ Motion: 1. Move to reconsider Variance No. 2004-08 and Conditional Use Permit No. 2004-19. 2. Continue item to November 22, 2004 per applicant's request. MOTION: Cribb VOTE AYES: NOES: ABSTAIN: ABSENT: SECOND: Nalle Cribb, De La Torre, Nalle, Sinclair (7) None (0) None (0) None (0) Leo, Lutz, Mondo, 2. VARIANCE NO. 2004-12 Filed by Steve Krieger II to allow a 100-foot flagpole in C5 zoning district at 617 East Seventeenth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 15, 2004 PUBLICLY NOTICED: October 15, 2004 RECOMMENDATION: Deny Variance No. 2004-12. Pedro Guillen, Assistant Planner, presented the staff report and recommendation. Public comments: Steve Krieger, applicant outlined his request for the tall flagpole and presented photos displaying larger flagpoles in the area. PLANNING COMMISSION MINUTES 4 OCTOBER 25, 2004 Chairman Mondo inquired as to why applicant requests specific height requirement. Phil Martin and Paula Krieger spoke in support of the flagpole. Public hearing was closed. Commission discussion ensued regarding the size of flagpoles in the surrounding area, the number of flagpoles in the city, height standards and maintenance. MOTION: Reduce the flagpole height to 50 feet MOTION: Lutz SECOND: Sinclair Motion withdrawn by Commissioner Lutz SUBSTITUTE MOTION: Deny Variance No. 2004-12. MOTION: Cribb SECOND: Leo VOTE AYES: Cribb, De La Torre, Leo, Mondo, Nalle (5) NOES: Lutz, Sinclair (2) ABSTAIN: None (0) ABSENT: None (0) 1 3. CONDITIONAL USE PERMIT N0.2004-17 (Ann Ni) (Continued by the Planning Commission: September 13, 2004 to October 11, 2004; October 11, 2004 to October 25, 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: 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. Ann Ni, Associate Planner, presented the staff report and recommendation. Commissioners discussed addressing of the facility on King Street. Staff noted that if approved, the address would be changed. Commission discussion ensued regarding neighborhood meetings, allowing alert-turn on Fairview, parking, foot traffic, and neighborhood protection. Public Comments: Commission noted receipt of correspondence from Artesia Pilar Neighborhood Association dated October 24, 2004. 1 Public in support of project: Guido Olivares, Tony Espinosa, Mark Kent, Peter Roberts, David Christy, Russ Cook, Monique Ruelas, Esperanza Aguilera, Edith Doering, Josue Rodriguez, Arturo Alvarez, Teresa Alvarez, Agustin and Esmeralda Hernandez, Adela Molina, Kevin Munga, Chris Doering, Sergio Lopez, Yasmin Z. Lopez, Yolanda Mora, Alex Lerma, Isabel Gutierrez, Carlos and Martha Cortes, and Jubilee Tang PLANNING COMMISSION MINUTES 5 OCTOBER 25, 2004 Public opposing project: Maria Gonzalez, Graciela Ibarra, Manuel Solis, Francisco Leopo, Marion Anton, Librada Leopo, Eustolia Hernandez, Edith Mercado, Maria Esqueda, Jose Gonzalez, Josue Gonzalez, Araceli Lopez, and Glen Stroud Public Hearing was closed. Commission discussion ensued regarding the number of churches in the area; the benefits churches provide a community, the potential impacts from the church if future expansion occurs, and the appropriateness of the site. MOTION: Continue the public hearing for 30 days and request that staff conduct an analysis of proposal and maps. MOTION: Nalle SECOND: Mondo VOTE AYES: De La Torre, Lutz, Mondo, Nalle, Sinclair (5) NOES: Cribb, Leo (2) ABSTAIN: None (0) ABSENT: None (0) 4. 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 . (Sergio Klotz) 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: Receive and file the public comments for Draft Environmental Impact Report No. 2004-01. 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. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2004-06 (County Map No. 16565). 6. Adopt a resolution approving Site Plan Review No. 2004-05. Sergio Klotz, Senior Planner presented the staff report and recommendation. Commission discussion ensued regarding the mixed-use development consisting of both commercial and residential uses; concerns with taking action during the 45-day public review period on the Draft Environmental Impact Report. PLANNING COMMISSION MINUTES 6 OCTOBER 25, 2004 Chairman Mondo opened the public hearing. Robert Bisno, project developer, confirmed neighborhood outreach and deferred to the Commission regarding continuing the public hearing. Chairman Mondo inquired about substantial changes to project. Mr. Bisno indicated they lost one additional unit to align entrance to the mall. John Newson at 2426 Santiago Street supports project. Kitty Canada at 2404 N. Valencia supports project. Stated the neighborhood association Board does not have an Environmental Impact review committee to her knowledge. John Barneich at 2451 Heliotrope Drive, noted that the Draft EIR report was distributed October 15t", not given enough time to evaluate; would prefer to hear public comments; inquired if park fee would bring revenue to the city. Glen Stroud at 1617 W. Santa Clara commented on Item 5 and Item 6 in the development agreement and inquired if improvement fee for the Park is to be in the Development Agreement. Also commented on Inclusionary Fee and black- box theater. He expressed concern that lights generated from project will impact wildlife within Santiago Park. Cecile LaForce at 2612 N. Valencia stated that she is a member of the Park Santiago Neighborhood Association EIR review committee. She expressed concerns with the drainage, water and air quality measure that would be affected. Commissioner Sinclair confirmed that an EIR review committee does exist with the neighborhood association. She stated members of EIR review committee include Martha McMillan. Martha McMillan at 905 E. Buffalo, expressed concerns with traffic mitigations, air quality measures, and growth management issues. Jack Hamilton, 2612 Valencia, expressed concerns with several omissions of the due process, phasing outline, residential tower development study, high density study missing; numerous impacts, also traffic. Commissioner Leo inquired if resident supports project. Mr. Hamilton stated there is a problem attracting high- end retailers with existing competition. Gil Marrero, 2725 N. Lowell Lane noted that home values increased in the north end of the city. Recurring issue is location of upscale restaurant and grocery store. Traffic impact inevitable but he supports the project. Ben Grabiel, at 312 W. Washington Avenue, thanked the developer for outreach to the neighborhood. He expressed concerns with the processing period of 45 days for CEQA, the black box theater, and expanded open space. James Kendrick at 1141 Ross Street supports the project. Jeff Rossel at 411 Edgewood supports the project. Commission noted correspondence received from Philip E. Schwab who expressed concerns regarding the request that the developers address the phasing and amenities at Santiago Park. Commission also received letter of support dated October 25, 2004 from Jane and John Lewis, and a letter dated October 22, 2004 from the Park Santiago Neighborhood Association EIR Committee analyzing the Draft Environmental Impact Report for the City Place project. PLANNING COMMISSION MINUTES 7 OCTOBER 25, 2004 Commission comments: Commissioner De La Torre commented on considerations for Park accommodations, high-end restaurant, black-box theater, the market, parking for visitors and lighting issues. Commissioner Cribb stated this is a key project defining the city; air quality and traffic are inevitable within urbanized areas. He expressed concerns with wildlife preservation and that the quality of life should be maintained. Vice Chairman Leo expressed concerns with taking action prior to public review period ending for the DEIR, inclusionary housing, park fees and how the fees would be earmarked, and landscape. He thanked Mr. Bisno for a quality project. Commissioner Nalle expressed concerns with cost of units, general funding, maintenance, in lieu fee going to special account for park acquisition, and capital improvements. Commissioner Sinclair requested that Patrick Mitchell be sent the Draft EIR report and be kept informed on the project. Commented that distribution list used an incorrect address for Orange Unified School District. She would prefer to only accept public comments tonight before taking action to allow CEQA 45-day process to conclude. Commissioner Lutz noted that prior project in the 1990s was not completed due to the downturn of the economy; stated competition thrives with multi-restaurants. Chairman Mondo commented that the project was generally and architecturally good and that the product-mix works. He commented that a lot of detail issues need to be addressed, including: 1. Concept discussed urban design, noted lesser open and pedestrian spaces in particular to and from the residential, commercial and park areas. 2. Residential to retail access referenced upgraded materials, i.e., stamped asphalt versus high quality paved materials on the color-renderings of the presentation. 3. Allow better access to the Park. Noted less on-site recreational space. 4. Site Development Plan, page 4 discussed permitted uses in Buildings A, B, C, D and that general office uses include escrow, accountants, medical, insurance. Is the intent to allow office uses? 5. Plan indicated no fast-food uses then referenced cafes and restaurants within 50% of enclosed area for dining; needs clarification. 6. Site Development identifies a conditional use permit requirement for parking structure. Is this for a potential future use? 7. Page 13 of the Plaza design dealt with water features that should be defined. 8. Page 14 addressed pedestrian walkway with unit pavers or stamped asphalt; stipulate what is being approved. 9. Setbacks for project: along Main Street is smaller than typical due to turnout along Lawson and Memory Lane, some residential units propose front doors within a foot of the sidewalk. Is this due to the urban design? 10. Residential area is indicated as 59% open space (page 6 of staff report); need clarification. 11. Page 19 dealt with parking gates and stacking, need to clarify whether gates are proposed. 12. If Recreational Vehicle storage is prohibited on site, does that include boats? 13. Need to define location of trash enclosures, and pickup procedures. 14. Dead-end residential streets are a concern. Also many of these streets have no landscaping. 15. Noted lengthy blocks with asphalt and garage doors and very little grass (nine areas cited on plan). PLANNING COMMISSION MINUTES 8 OCTOBER 25, 2004 1 1 16. Clarify walls and landscape treatment along northern property line. 17. Clarify the uses permitted, should be similar to Main Street Lofts and Santiago Lofts. 18. Need explanation as to where the parking is intended to be for the Lofts. 19. Require further detail of area between Lofts and surface parking. Also require landscape plans. 20. Page 28, glass door fronts shall be facing all streets, clarify if opaque or clear glass will be used. 21. Phasing of construction should be identified. 22. Require further explanation as to what types of signs will be permitted and where. Reference signage plan on page 51, does this apply to Lofts or just retail? 23. The proposed conditions of approval related to the interior of the building being submitted for review prior to building permits, advise timeline. 24. Condition 10 dealing with walkways, clarify if they are to be concrete or stamped asphalt? 25. How will the northeast portions of the development site address the adjacent parking structure? 26. With CC&R's, professional management of open space, as well as the overall complex should be required. 27. What is the ramification if the project is not developed within eight years; does the City revert the zoning. Exhibit F needs to define the time limits affecting the approval. 28. Loft design calls for skylights in legend, need to identify location and number. 29. Tandem garages, single garages, how are they accessed? Are there separate garages into units? 30. Santiago Avenue should remain closed. 31. Require better access for pedestrians. 32. Require list of materials and amenities that have changed since the August study session with the Commission. 33. Landscape required on the eastside of the loop road, indicate on plan. MOTION: 1. Receive and file the public comments for Draft Environmental Impact Report No. 2004-01. 2. Continue to Planning Commission meeting on December 13, 2004 MOTION: Mondo SECOND: Cribb VOTE AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5. Public Comments (for items not on the agenda) No public comments were made. STAFF AND COMMISSION COMMENTS 1 6. Staff Comments No comments were made. 7. Planning Commission Comments Commissioner Lutz • Requested inspection of junkyard located at West 5th Street and to brief us as to its status. • Requested construction update of project on Flower and 6th Street. Staff will advise. PLANNING COMMISSION MINUTES 9 OCTOBER 25, 2004 Commissioner Sinclair • No comments Commissioner Nalle • No comments Vice Chairman Leo • No comments ii Commissioner Cribb • Requested graffiti removal on Broadway north of Civic Center, west side of the street in the parking lot for the Mexican Consulate. • Recommended strategy session for specific development sites, particularly Bowers Museum District and South Bristol (architecture, hardscape and signs). • Commented on Crazy Horse Square project, in hopes that it was moving forward. Commissioner De La Torre • No comments 1 Chairman Mondo • Requested inspection at Cathedral site on MacArthur Boulevard, with regard to landscape, chain-link fence, and graffiti on outside edge of residential walls. Noted that the development agreement required perimeter landscaping. • Requested graffiti cleanup on South Main/Columbine, with regards to red curb, no parking signage and streetlights. • Requested investigation at northbound SR5 at Grand Street off-ramp, right-hand side being used as temporary, overflow parking on gravel lot for the apartments. 8. Excuse of Absences 9. Adjournment 10:08 P.M. Martha Ramirez, Re rding Secretary 1 PLANNING COMMISSION MINUTES 10 OCTOBER 25, 2004