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HomeMy WebLinkAbout09-08-2003ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA SEPTEMBER 8, 2003 CALLED TO ORDER 5:35 P.M. City Hall Council Chambers 22 Civic Center Plaza, Santa Ana, California PLEDGE OF ALLEGIANCE ATTENDANCE COMMISSIONERS Present: Alexander Nalle, Chairman Don Cribb, Vice Chair Harvey De La Torre Christopher Leo Tom Lutz Glenn Mondo Kimberly Sinclair STAFF PRESENT Cynthia J. Nelson, Deputy City Manager Vince Fregoso, Senior Planner Benjamin Kaufman, Chief Assistant City Attorney Manuel Gomez, Transportation Manager Mike McCoy, Police Department Laura Johnson, Recording Secretary CONSENT CALENDAR Motion to approve staff recommendations on the following Consent Calendar items. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) ABSTENTION: None (0) A. APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes from the regular meeting of August 28, 2003. B. RECORDING SECRETARY REPORT The following were posted pursuant to the Brown Act and the Maddy Act. Pursuant to the Brown Act and tt~e Maddy Act, the August 11, 2003 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 ~:,ivic Center Plaza ors August 8, 2003 afi 8:30 a.m. The Notice of Adjournment of the August 11, 2003 Meeting was posted at the City Hall Council Chambers on August 12, 2003 at 4:00 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. CONDITIONAL USE PERMIT NO. 2003-18 Filed by Kukreja, Inc. to allow a Type 41 (on-sale beer and wine) liquor license in conjunction with a Sizzler Restaurant located at 800 W. 17t" Street. RECOMMENDATION: Receive and file the staff r®port approving Conditional Use Permit No. 2003-18. D. NEIGHBORHOOD PROJECT REVIEW N0.2003-09 Filed by Juliana dela Cruz Cisneros to permit construction of a new detached two-car garage at 316 South Birch Street in the Specific Development 40 zone (Heninger Park). RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 2003-09 as conditioned. * * * END OF CONSENT CALENDAR BUSINESS CALENDAR E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb noted that he had significant conversations with the applicant and others regarding the Draft EIR for One Broadway Plaza. F. MODIFICATION TO NORTH BROADWAY DESIGN AND DEVELOPMENT STANDARDS Filed by the City of Santa Ana to modify the North Broadway Design and Development Standards. RECOMMENDATION: Recommend that the City Council adopt a resolution modifying the North Broadway Design and Development Standards. Ann Ni, Associate Planner, presented the staff report and recommendation. Discussion was held regarding the change from Civic Center Drive to Tenth Street, timeline for requesting Planning Commission review, potential effect on new construction and the proposed One Broadway Plaza project, and language concerning new construction. Commissioner Sinclair made a motion to continue. Commissioner Mondo requested the motion be revised to continue until after Council action on the proposed One Broadway Plaza project. Commissioner Sinclair concurred. Motion to continue by Commissioner Sinclair. Commissioner Mondo requested that the motion be revised to continue the item until after City Council action on the proposed One Broadway Plaza project. Motion to continue until after City Council action on the proposed One Broadway Plaza project. MOTION: Sinclair SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (U) ABSTENTION: None (0) PLANNING COMMISSION MINUTES 2 September 8, 2003 G. GENERAL PLAN AMENDMENT NO. 2002-02, AMENDMENT APPLICATION NO. 2002-01 AND VARIANCE NO. 2002-04. (Public hearing opened and closed on llugust 11, 2003. Continued by the Planning Commission on August 11, 2003 to September 8, 2003.) Filed by Gamaliel Vasquez to change the General Plan designation from General Commercial (GC) to Low Density Residential (LR7), and the zoning designation from Arterial Commercial (C5) to Single Family Residence (R1) in order to construct a single-family residence at 1302 East Fourteenth Street and allow a reduction in the minimum lot size requirement. RECOMMENDATION: PUBLISHED IN THE ORANGE COUNTY REPORTER: August 1, 2003 PUBLICLY NOTICED: August 1, 2003 RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution denying General Plan Amendment No. 2002-02. 2. Deny Amendment Application 2002-01. 3. Adopt a resolution denying Variance No. 2002-04. Ms. Nelson provided an update of actions to date. She noted that Mr. Vasquez had verbally accepted the offer but then did not sign and return the purchase agreement. Discussion was held regarding the offer that had been made. Mr. Kaufman advised that several discussions had been held with Mr. Vasquez and that the City had offered to reimburse him for his investment and an additional amount to cover the costs he had incurred. fl I~ Motion to: Recommend that the Cify Council: 1. Adopt a resolution denying General Plan Amendment No. 2002-02. 2. Deny Amendment Application 2002-01. 3. Adopt a resolution denying Variance No. 2002-04. MOTION: L.eo VOTE: AYES: NOES: ABSENT: ABSTENTION: PROCEDURAL RULES 1. VARIANCE NO.2003-03 SECOND: Cribb Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) None (0) None (0) None (0) PUBLIC HEARINGS Filed by Eric Saline to allow a reduction in the side yard and prevailing front yard setbacks at 1811 N. Heliotrope in the R1 zone. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 29, 2003 PUBLICLY NOTICED: August 29, 2003 RECOMMENDATION: Adopt a resolution approving Variance No. 2003-03. Sergio Klotz, Senior Planner, presented the staff report and recommendation. Discussion was held regarding the average front and side yard setbacks, how the PLANNING COMMISSION MINUTES 3 September 8, 2003 current project is different from the original plans, percentage of foundation that has been built, and allowable setbacks on remodel projects versus new construction. Discussion was held regarding previously approved plans, demolition, approved variances, project timeline, and stop work order. Mr. Kaufman provided clarification regarding approved permits. Ms. Nelson provided clarification of substantial rehab. Chairman Nalle opened the public hearing. Eric Saline, applicant, spoke in support of the project, provided an outline of actions taken to date, and damage that had made demolition necessary. Discussion was held regarding project costs. Sherry Stanislaus, applicant's spouse, spoke in support of the project and noted that extensive neighborhood outreach had been done and that they had attempted to accommodate requests from neighbors. William Farris spoke in opposition of the project and expressed concern regarding fire hazards. Edward Tornell spoke in opposition to the project and noted that large setbacks are essential to the neighborhood. Lewis Janowski spoke in opposition to the project and requested that the City standard setback be enforced. He also noted concern regarding fire safety. Dave Karos spoke in opposition to the project and noted disagreement with the measurement of the setback requested. George Herlihy spoke in opposition to the project. Chairman Nalle closed the public hearing. Discussion was held regarding encroachment on the north end of the home and fire department approval. Discussion also held regarding demolition and requirements of new construction. Motion by Commissioner Sinclair to deny Variance 2002-03. Motion died for lack of a second. Motion to approve Variance No. 2003-03 as conditioned. MOTION: Mondo SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle (5) NOES: Leo, Sinclair (2) ABSENT: None (0) ABSTENTION: None (0) Commissioner Mondo commented that the applicant had complied with City requests and that the footprint was not substantially different. Commissioner Lutz noted that he had visited the site and that existing landscaping would obscure the line of sight to the project. He also noted that he did not believe encroachment would be a problem as the majority of the structure would be within the setback. Commissioner Cribb noted that variety was part of Floral Park's charm and that the proposed structure will be a good contribution to the neighborhood. PLANNING COMMISSION MINUTES 4 September 8, 2003 2. ONE BROADWAY PLAZA DRAFT ENVIRONMENTAL IMPACT REPORT NO. 1999- 01 (Vince Fregoso) Filed by Caribou Industries to receive and file public comments on Draft Environmental Impact Report No. EIR 1999-01 for the proposed One Broadway Plaza project. PUBLISHED IN THE REGISTER: August 29, 2003 PUBLICLY NOTICED: August 29, 2003 RECOMMENDATION: Receive and file public comments on Draft Environmental Impact Report No. EIR 1999- 01 for the proposed One Broadway Plaza project. Ms. Nelson noted that no action was being requested on the project and that the purpose of the hearing was to receive public comment on the draft EIR. Verny Carvajal, Associate Planner, provided the staff report and outlined neighborhood outreach efforts. Chairman Nalle opened the public hearing. Ben Kaufman, Chief Assistant City Attorney, outlined the public hearing purpose and process and noted that comments received prior to September 12, 2003 will be included in the Response to Comments. Paul Giles expressed concern regarding the format of the neighborhood meetings. He requested that should demolition of the historic structures be unavoidable the developer be required to donate the structures to the Santa Ana Historical Preservation Society and fund the cost of relocation and rehabilitation. Federico Sayre spoke in support of the project and noted that he was planning on moving his business to One Broadway Plaza when it was completed. Oscar Garza expressed concern regarding the burden on water resources and noted that the EIR does not contain mitigation for restaurant waste water. James Kendrick, Hart Keeble, Mickey Totten, Michael Cline, Mondo Esparza, Richard Samaniego, and Jim Adams spoke in favor of the project noting that jobs will be created. Gil Morrerro spoke in support of the project. Allison Young expressed concern regarding the loss of historic structures and that consideration of cultural loss and mitigation efforts were not adequate. Cynthia Criollos expressed concern regarding the impact on children walking in the neighborhood and noted that the children who attend EI Sol and Davis Elementary had not been recognized in the EIR. Dee Runnells noted that the traffic count used was from 1999 and therefore inadequate. She also expressed concern regarding adequate manpower and equipment to address fire safety needs. Roberta Reed noted that the General Plan and Midtown Specific Plan would need to be amended to accommodate the project. Larry Haynes noted that the need for affordable housing would be increased and had not been adequately addressed. Kevin Donohue lives next door to project and expressed concern that the construction impacts to his building had not been addressed. He also expressed concern regarding pollution, traffic, and the potential effect on the foliage in the area. PLANNING COMMISSION MINUTES 5 September 8, 2003 Ginelle Hardy expressed concern that potential future development had not been addressed. Debbie McEwen expressed concern regarding traffic and the necessity to make changes to the Midtown Specific Plan. Robert Henson noted that a loss in the quality of life would result from the increased traffic and that the project should be located elsewhere. Alan Anderson noted concerns regarding traffic and that Centerline had not been addressed. William Beaubeaux commented that the benefits would out-weigh the impacts. Gene Andres commented that the project is too tall and is out of scale. Martha McMillan suggested that the project should be built in a different area of the city where the traffic impact would be less. Philip Chinn expressed concern regarding traffic impact. He noted that the City would be responsible for a considerable amount of required mitigation. Luis Conde expressed concern regarding pollution. Ben Grabiel commented that the EIR did not adequately address alternative sites. Louise Pass expressed concern regarding the building shadow. Catherine Cate commented that the traffic study did not address future projects such as the Shimizu project. Rob Cook commented that television transmission will be interrupted and that noise was not adequately addressed. Chairman Nalle closed the public hearing. Discussion was held regarding Commission role in EIR review process. Chief Assistant City Attorney Kaufman noted that all environmental comments made tonight would be addressed in the Response to Comments. Ms. Nelson noted that a copy will be provided to the Commission. CCJMMENTS 3. Public Comments Gamaliel Vasquez noted that he had not been notified that the meeting tonight had begun at 5:30 and that he had been here at 6:00 p.m. Chairman Nalle advised him that the item had not been heard until after 6:00 p.m. Mr. Vasquez asked if his request for a Variance had been denied because he had not accepted the City offer. Chairman Nalle advised him that it was not. Chairman Nalle asked Mr. Carvajal to explain in Spanish to Mr. Vasquez that all three requests were denied. Mr. Vasquez requested a second chance to speak so that he would not have the property remain vacant. He stated that he did not believe he had been given adequate time to consider the offers. Chairman Nalle noted that it was his understanding that Mr. Vasquez had reached an agreement with the City several weeks ago and that if he intended to accept it he would sign the agreement by September 5. Mr. Vasquez noted that it was his understanding that he could continue with the process and accept the offer at Council. Discussion was held regarding Mr. Vasquez's ability to make his appeal to City Council. The Commission requested that staff ensure that Mr. Vasquez is aware of his ability to address City Council. Mr. Vasquez stated that he was in favor of accepting the offer but had wanted assurances that if he did the process would be complete. PLANNING COMMISSION MINUTES 6 September 8, 2003 4. Staff Comments Mr. Fregoso • Noted that staff had contacted BRE and will be meeting to discuss signage issues. • Advised that the storage facility near Armstrong Ranch will be painted. 5. Planning Commission Comments Commissioner De La Torre • Requested that staff inform the Commission of the EIR process and what the Commission role is. Commissioner Lutz • Noted that the wrought iron fence at Civic Center and Baker appeared to have been hit by a car and is in need of repair. He requested that Public Works staff investigate. • Noted that the chain link fence at the school property east of Civic Center and Baker also had been damaged and requested that the school be contacted to repair. Commissioner Cribb • Requested that the palm tree that was recently installed on the east side of Main Street between 2"d and 3rd Streets be replaced with one that is larger. • Expressed concern regarding signage on 17th Street between Fairhaven and Tustin. Ms. Nelson noted that it was being addressed. • Thanked staff for facilitating the clean-up at the Hutton Centre Starbucks. • Asked if the asphalt paving in the median at the 17th Street on/off ramp of the 5 freeway could be replaced with landscaping to discourage vendors and homeless from loitering. • Noted that the parking meters on Sycamore only allowed one hour of parking and this was not allow adequate. Ms. Nelson advised that it was to encourage people who needed more time to park in the parking garage. • Asked for an update on the Starbucks on Bristol and Memory Lane. Ms. Nelson advised that it was scheduled for review by Council on September 15, 2003. • Asked for an update on the 17th Street annexation. Ms. Nelson advised that it was progressing slowly. • Encouraged everyone to visit 4th Street and Tustin to see the landscaping that was going in. Commissioner Mondo • Requested a copy of the memo concerning the status of construction at 1248 W. Bishop Street. Ms. Nelson provided a brief update. • Noted that he was appalled by the image of a jet going into the World Trade Center on a comment letter for the One Broadway Plaza EIR and found it offensive. • Asked how specific questions regarding the One Broadway Plaza project can be communicated to staff. Ms. Nelson advised that Commissioners can contact either Mr. Fregoso or herself and they will forward questions or concerns to staff. She aiso noted that the project will be discussed in a future study session but any specific issues or questions should be forwarded to staff as soon as possible. Commissioner Sinclair • Asked what the additional $30,000 spent on the One Broadway Plaza draft EIR had been used for. Ms. Nelson noted that it covered time and materials for the consultant. • Requested status on previous request concerning Kragen Auto Parts. • Asked what the Historic Resources Commission mitigation request was. Mr. Kaufman advised rather that demolish the three historic structures that PLANNING COMMISSION MINUTES 7 September 8, 2003 the developer be required to donate the structures and pay an amount to include land, moving costs, and rehabilitation of the historic structures. • Noted that she had attended the opening of the Artists Village last weekend and that noise coming from Festival Hall last weekend was excessive. Mr. Kaufman advised of the mitigation measures and required timeline. Ms. Nelson noted that the improvements should be made within the next 60 days. 1 Commissioner Leo • Noted that the Discovery Science Center cube is covered but the lights are not working as they are stuck in one color. • Requested that each site being reviewed for lofts or condominiums in the city is reviewed as separate and unique with consideration for the area in which they are being built. • Suggested that a document be drafted in Spanish that applicants could sign indicating that they understood the process. • Requested that they have the opportunity to review Centerline project as it moves forward. Chairman Nalle • Asked what the notification process had been with regard to the meetings held at Davis Elementary School. Ms. Nelson advised that the meetings were not required but had been held as a benefit to the neighborhoods. Staff had relied on the neighborhood associations to utilize their circulation 1 process. • Asked if any Commissioners Commissioner Lutz noted that purpose of an EIR. • Asked if everyone had read Impact Analysis from May 200 to do so. would like a study session on EIR's. he would like a condensed version of the the One Broadway Plaza Project Fiscal 2 and encouraged any who had not read it • Requested an update on Saddleback Inn. Ms. Nelson noted that they are under serous code enforcement action. • Requested an update on relocation of the residents living in transient hotels. Ms. Nelson noted that she is meeting with staff on the issue and a report to the Planning Commission will be made. • Noted that his comments regarding O'Neill Moving & Storage made at the last meeting were in response to a comment referring to their property as "ours" and it is not; it is theirs. The one building that is located to the north would still be vacant and ugly had they not purchased and rehabilitated it, added a second floor, and started storing boats and other items. 6. Excuse of Absences None 7. Adjournment - 9:20 p.m. ____ , ' ~ ~. _,, L_ ~,~-~- j/.'aura ohnson, r ording Secretary PLANNING COMMISSION MINUTES September 8, 2003