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HomeMy WebLinkAbout08-09-2004ACTION MINUTES OF THE REGULAR MEETINTG OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AUGUST 9, 2004 1 CALLED TO ORDER: 5:02 P.M. CITY HALL ROSS ANNEX 20 CIVIC CENTER PLAZA, FIRST FLOOR CONFERENCE ROOM 1600 SANTA ANA, CALIFORNIA ATTENDANCE: COMMISSIONERS Present Glenn Mondo, Chairman Christopher Leo, Vice Chairman (arrived 5:04 p.m.) Don Cribb Harvey De La Torre (arrived 5:09 p.m.) Alexander Nalle Kimberly Sinclair (arrived 5:23 p.m.) Tom Lutz COMMISSIONERS ABSENT: 1 STAFF PRESENT: Stephen Harding, Exec. Dir. Planning & Bldg. Agency Benjamin Kaufman, Chief Assistant City Attorney Jay Trevino, Planning Manager Vince Fregoso, Senior Planner Mike McCoy, Police Department Anthony Levatino, Police Department Martha Ramirez, Recording Secretary CONSENT CALENDAR Motion: Approve the staff recommendations on the Consent Calendar with modification to the Minutes of 07-26-04 MOTION: Cribb SECOND: Nalle AYES: Cribb, De La Torre, Leo, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: None (0) ABSTAIN: Lutz (1) (Minutes of 7-26-04 only) A. MINUTES RECOMMENDATION: 1 Approve the minutes of the regular meeting of July 26, 2004. Correction to Item 3 Amendment Application No. 2004-04 and Tentative Tract Map No. 2004-04 -note Public speaker Leon Saunders in support of project. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the July 26, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on July 23, 2004 at 9:14 a.m. Planning Commission Minutes August 9, 2004 RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. CONDITIONAL USE PERMIT NO.2004-14 Filed by Maria Godoy for a Type 41 Alcoholic Beverage Control license to allow the sale of beer and wine at Restaurant Mary located at 1714 East McFadden Avenue, Suites A & B. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-14 as conditioned. * * * END OF CONSENT CALENDAR * * * WORK STUDY SESSION D. PRESENTATION OF THE NEXUS PROPOSAL FOR MACARTHUR PLACE/HUTTON CENTRE Cory Alder, President of Nexus Companies presented a video highlighting the mixed-use, high-density project. Mr. Alder identified the project team (Renzo Zecchetto Architects, KTGY/Integral, Lunstrom & Associates, Ridge Landscape) and their involvement with the project while reviewing the overall plan. He discussed the various project components, including parking, landscaping, amenities, building designs and pedestrian walkways. Commission discussion ensued regarding the entrance into the units; parking changes, landscaping, lake improvements, pedestrian accessibility, retail proposals and conceptual sale prices of the condos. Jay Trevino, Planning Manager, introduced John Kaliski, City consulting urban designer, who provided an analysis of the Nexus proposal. Mr. Kaliski addressed the following issues on the proposed project: 1. Site Plan -Noted desire to create urban lifestyle. Strong pedestrian orientation can lead to a place where people will want to live, take care of daily needs on-site with amenities being offered. a. Encouraged better east/west pedestrian connection in the project. b. Needs logical placement of pedestrian walkways and entrances. c. Suggested movement of cinema tower to South to tie into pedestrian entryway. 2. Integral project (low rise project) -strengthen entrance at east side of project, enhance quality of courtyards, review unit mix of street level, corner treatment (45x45) is needed; step back upper levels of low rise project. 3. Lake Towers -clarify materials to maintain high quality General Comments: Open space must be 200 sq ft/unit; minimum size of units should be 900 ft.; setbacks should be unexcavated. Planning Manager Trevino noted that pedestrian orientation is of prime concern; encouraged creation of an active pedestrian streetscape that encourages connections to both the Sandpointe neighborhoods and the MacArthur Place area. Commented that the amount of retail offered lends itself to small neighborhood-serving uses. Planning Commission Minutes 2 August 9, 2004 Public comments from Judy Edge, Sandpointe resident, related to the setback on Main & MacArthur, current parking and traffic issues for the Sandpointe neighborhood and the need to have the Sakioka project in Costa Mesa coordinated with development occurring at Hutton Centre in order to minimize impacts to neighborhood. E. Recess to Council Chambers (6:32 p.m.) 1 1 ~ ~~ Planning Commission Minutes 3 August 9, 2004 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA AUGUST 9, 2004 ROLL CALL Same staff present 6:39 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG BUSINESS CALENDAR F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner De La Torre met with Red Mountain Retail Group and Pat McGuigan on Brandywine project Commissioner Cribb met with Brandywine and Red Mountain representatives. Vice Chairman Leo met with Red Mountain Retail Group and spoke with Brandywine representatives Commissioner Nalle had communications with Red Mountain Retail Group and Pat McGuigan on Brandywine project. Commissioner Sinclair spoke with Brandywine representatives. Commissioner Lutz spoke with Eric Nelson regarding Red Mountain project Chairman Mondo met with Eric Nelson regarding Red Mountain project and Brandywine staff to review the tract map. G. VARIANCE NO. 2004-05 AND AMENDMENT TO CONDITIONAL USE PERMIT NO.2003-17 (Continued by the Planning Commission on June 28, 2004 to August 9, 2004. Public Hearing closed on June 28, 2004.) Filed by Red Mountain Retail Group to allow drive through window service for a proposed eating establishment and to allow a reduction in the number of required parking stalls for a new commercial development at 2701 North Bristol Street. RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-181. 2. Adopt a resolution approving Variance No. 2004-05 as conditioned. 3. Adopt a resolution amending Conditional Use Permit No. 2003-17 as conditioned. Chief Assistant City Attorney Kaufman stated that Commissioners De La Torre and Leo were eligible to vote on the Red Mountain matter. Vince Fregoso, Senior Planner introduced Carlos Rodriguez, Case Planner, to update the Commission on revisions to the site plan. Commission discussion ensued on clarification of site plans. Planning Manager reviewed the exhibits: Exhibits #3 and #4 are proposed site plan, Exhibit 8 (submitted a year ago) of the prior plan submitted for comparison purposes. Pat Murphy (Red Mountain Retail Group) stated they are still working with the same square footage that includes four tenant spaces. Though the recently revised plans Red Mountain provided Commissioners and staff show three tenant spaces, Mr. Murphy explained that this was a communication error on Red Mountain's part. They need four tenant spaces to make the project viable, to add Planning Commission Minutes 4 August 9, 2004 decorative paving as a pedestrian enhancement and to plant two additional trees along Memory Lane. Public supporting project: Julie Stroud, Tom Smalley, James O'Connor, Dick Kirwan, Paul Giles, and Dan Peters. Public opposing project: Howard Kieffer Motion to reopen the public hearing failed. 1St Motion: MOTION: Nalle SECOND: Cribb 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-181. 2. Adopt a resolution approving Variance No. 2004-05 as conditioned. 1. Adopt a resolution amending Conditional Use Permit No. 2003-17 as conditioned including: a. Add enhanced decorative pedestrian walkway pavers b. Two Canary Island pine trees added along Memory Lane c. Allow for four tenant spaces, totalling 5,000 square feet AYES: De La Torre, Mondo, Nalle (3) NOES: Cribb, Leo, Lutz. Sinclair (4) ABSENT: None (0) ABSTAIN: None (0) First Motion failed with a 4:3 vote. 2nd Motion: 2. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-181. 3. Adopt a resolution approving Variance No. 2004-05 as conditioned. 4. Adopt a resolution amending Conditional Use Permit No. 2003-17 as conditioned including: a. Add enhanced decorative pedestrian walkway pavers b. Allow three tenant spaces totalling 5,000 square feet c. Two Canary Island pine trees added along Memory Lane MOTION: Lutz SECOND: Mondo AYES: Cribb, Leo, Lutz, Mondo, Nalle (5) NOES: De La Torre, Sinclair (2) ABSENT: None (0) ABSTAIN: None (0) PROCEDURAL RULES PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO.2004-04 (Carlos Rodriguez) (Item set for public hearing by the Planning Commission on June 28, 2004 for July 26, 2004; July 26, 2004 to August 9, 2004) Filed by Hue Restaurant to allow a Type 41 ABC license for an existing restaurant at 413 North Euclid. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 16, 2004 PUBLICLY NOTICED: July 15, 2004 RECOMMENDATION: Planning Commission Minutes 5 August 9, 2004 Adopt a resolution approving Conditional Use Permit No. 2004-04 as conditioned. Carlos Rodriguez presented the staff report and recommendation. Officer McCoy, noted the Police Department's opposition to the proposed license; citing various incidents. He referenced incidents of open containers and storage of large quantities of alcoholic beverages. Commission discussion ensued. Chairman Mondo opened the public hearing. Terrance Shannon, attorney for the applicant, stated that the applicant was hospitalized. He stated that there is no evidence to suggest that Mr. Hue will not comply with conditions. Mr. Shannon reviewed SAPD's listing of incidents stating that there wasn't any written proof of any violations. He noted that the Zoning Administrator approved the conditional use permit due to lack of evidence supporting the allegation. Discussion ensued with clarification on police allegations and types of incidents/calls being made at this location. Public opposed to project: Maria Sandoval, resident, spoke regarding the police incidents. Chairman Mondo closed the public hearing. Motion: Approve a resolution denying Conditional Use Permit No. 2004-04. MOTION: Mondo SECOND: Nalle AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 2. TENTATIVE TRACT MAP NO.2004-03 (COUNTY MAP NO. 16635) (Continued by the Planning Commission July 26, 2004 to August 9, 2004.) Filed by Brandywine Development Corporation to subdivide the property into five parcels in the Single-Family Residence (R1) zoning district at 5017-5021 West Sixth Street and 5024-5026 West Seventh Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 30, 2004 PUBLICLY NOTICED: July 29, 2004 RECOMMENDATION: Adopt a resolution approving Tentative Tract Map No. 2004-03 (County Map No. 16635) as conditioned. Ann Ni presented the staff report and recommendation. Chairman Mondo opened the public hearing. Public comments: Pat McGuigan, Brandywine Development representative, spoke in support of the project Planning Commission Minutes 6 August 9, 2004 Maria Sandoval and Dave Lopez requested that masonry walls, instead of wood fences, be required. Chairman Mondo closed the public hearing. Commission discussion ensued regarding block wall versus wood fencing. Motion: Adopt a resolution approving Tentative Tract Map No. 2004-03 (County Map No. 16635) as conditioned. MOTION: De La Torre SECOND: Nalle AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 3. ANNEXATION NO. 2004-01, GENERAL PLAN AMENDMENT NO. 2004-05 AND AMENDMENT APPLICATION NO. 2004-02 (Melanie McCann) (Continued by the Planning Commission July 26, 2004 to August 9, 2004.) Filed by the City of Santa Ana to establish a General Plan and zoning land use designations for the annexation of the County Island surrounded by Tustin Avenue to the west, Seventeenth Street to the south and Newport Freeway (SR55) to the east. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 30, 2004 PUBLICLY NOTICED: July 30, 2004 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No.2004-145. 2. Adopt a resolution approving General Plan Amendment No. 2004-05. 3. Adopt an ordinance approving Amendment Application No. 2004-02. 4. Adopt a resolution approving Annexation No. 2004-01 to initiate the annexation process and property tax exchange. Melanie McCann, Associate Planner, presented the staff report and recommendation. Commission discussion ensued. Chairman Mondo opened the public hearing. Public in opposition: Debra Lakin, Francisco C, Leon Guerrero, Leon Strahan, Frank P. Hicks, Alan Rice, James W. Law, Paul Lewanski, Ph.D. Yolanda Lewanski, Robert Vaughn, Amy Vaughn, Lucinda Peek, David Peek, and Mary Barrett. Chairman Mondo closed the public hearing. Commission asked for clarification of the voting issue and process. Mr. Kaufman reviewed the procedure on State law regarding annexation of "islands," citing the law does not require for a vote for annexation of less than 75 acres. Vice Chairman Leo commented on the financial necessity for the County to encourage annexation. Planning Commission Minutes 7 August 9, 2004 Commissioner De La Torre suggested continuing the item to allow researching data with adjoining cities; also review funding options to assist property owners. Staff responded to his proposal and commented on the commercial property at the corner of 17th and Tustin for which the County is presently reviewing plans. Planning Manager commented on the corner property that is currently vacant stating that the County Board will take action on the existing property. Motion: • Approve and adopt the Negative Declaration, Environmental Review No. 2004-145. • Adopt a resolution approving General Plan Amendment No. 2004-05. • Adopt an ordinance approving Amendment Application No. 2004-02. • Adopt a resolution approving Annexation No. 2004-01 to initiate the annexation process and property tax exchange. MOTION: Leo SECOND: Cribb AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 4. ZONING ORDINANCE AMENDMENT NO. 2004-04 (Lucy Linnaus) Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code establishing new regulations for bail bond firms citywide. PUBLISHED IN THE ORANGE COUNTY REGISTER: July 30, 2004 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-93. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004- 04. Lucy Linnaus, Assistant Planner, presented the staff report and recommendation. Commissioner Lutz resides within sphere of ordinance and asked if he should abstain from voting. Mr. Kaufman confirmed that he should abstain from voting. Commissioner Leo inquired if businesses had been notified of public hearing; staff confirmed that meetings were held with business interests. He inquired about constitutionally on bail bonds; Mr. Kaufman elaborated on the issue. Chairman Mondo opened the public hearing. No public comments made. Chairman Mondo closed the public hearing. Motion: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-93. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-04. MOTION: Cribb SECOND: Leo AYES: Cribb, De La Torre, Leo, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: None (0) ABSTAIN: Lutz (1) Planning Commission Minutes 8 August 9, 2004 5. Public Comments (for items not on the agenda) Dave Hoen, Morrison Park resident, distributed email responses in support of Starbucks (Red Mountain) project. Chairman Mondo informed Mr. Hoen about procedure to submit responses prior to public hearings. STAFF AND COMMISSION COMMENTS 6. Staff Comments None noted. 7. Planning Commission Comments Commissioner De La Torre • Commented that he is honored to work with fellow Commissioners who provide insight, knowledge and support on issues presented to Commission. Commissioner Cribb • Requested Code Enforcement review developer's sign at the Starbucks at 17th & Tustin given the timeline for how long the marketing sign can remain. Staff indicated that the sign is no longer permitted and must be removed. • Requested inspection at Majestic & Mac Arthur for removal of dead palm trees. Vice Chairman Leo • Noted that his opposition to the America's Tire project was due to the site being an inappropriate location and not a reflection of his view of the company. • Recommended another study session for Nexus project. • Inquired about the referendum procedure on the One Broadway Plaza petition. Mr. Kaufman provided an update. • Requested update on French Park barriers. Staff indicated City Council approved general plan amendment and policy/procedures for street diverters. • Inquired about the street vacation process related to potential development on Santa Ana Community College property. Mr. Kaufman explained the street vacation process. Commissioner Nalle • Inquired about the next steps in the annexation process. Mr. Kaufman provided an overview. Commissioner Sinclair • Asked to identify Planning Manager urban designer. speaker at Study Session regarding Nexus project. Trevino stated John Kaliski is the City's consulting Commissioner Lutz • No comments Chairman Mondo • No comments 8. Excuse of Absences 9. Adjournment Unanimously voted to adjourn at 10:14 p.m. Martha Ramirez, Recording Secretary Planning Commission Minutes 9 August 9, 2004