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HomeMy WebLinkAbout12/01/1998'I~tesday, December 1, 1998 L.M ..... SPECIAL PLANNING COMMISSION MEETING Tuesday, December 1, 1998 6:00 p.m. City Hall Council Chambers Santa Ana, California 1 CALL TO ORDER City Council Chambers, 22 Civic Center Plaza 6:05 p.m. ATTENDANCE Lynnette Verino John MacDowell Glenn Mondo Molly Doughty Alexander Nape Jose Solorio, 6:20 Don Cribb 6:00 p.m. STAFF PRESENT Robyn Uptegraff Kenneth Adams Gary Sheatz Sharon McCain Johnson, Recording Secretary CONSENT CALENDAR Approval of the Minutes from the regular meeting of November 9, 1998. Approve the minutes from the regular meeting of November 9, 1998. **** END OF CONSENT CALENDAR **** Motion to approve Consent Calendar. MOTION: MacDowell SECOND: Mondo AYES: Verino, MacDowell, Mondo, Doughty, Nalle, and Cribb NOES: None ABSENT: Solorio ABSTAINED: None 1. CONDITIONAL USE PERMIT NO. 98-17. TENTATIVE TRACT MAP NO 15748 ALI EY ABANDONMENT NO. 98-08 AND STREET ABANDONMENT NO. 98-09 Filed by Mr. Arthur Strock to allow artist live/work uses; to subdivide properties and to integrate abandon~l portions of Second Street, and an alley in order to construct 46 live/work studios located at 201 North Main Street in the Central Business-Artist (C3-A) zoning district. RECOMMENDATION: Planning Commission policy regarding the following requests of the applicant: 1. Approval of Conditional Use Permit No. 98-17 as conditioned. 2. Approval of Tentative Tract Map No. 15748 as conditioned. 3. Approval of Alley Abandonment No. 98-08. 4. Approval of Street Abandonment No. 98-09. 1 issues. He indicated that the City had agreed to maintain the private streets, and the esplanades, and runnactad ('nmmiccinn nnlirv nn fha nrniarf Mr. Joseph Edwazds, Principal Planner, presented the staff report and discussed the remaining outstanding issues. He indicated that the City had agreed to maintain the private streets, and the esplanades, and requested Commission policy on the project. Mr. Arthur Strock, applicant, indicated that he accepted the conditions of approval. He affirmed that the ceiling heights had been raised to address the concerns previously mentioned by Commissioner Cribb. Commissioner MacDowell asked if the CC&R's would require the establishment of a homeowners association. Mc Strock indicated that the CC&R's would include a homeowners association, but it would not be funded. In addition, he stated that he believed constructing gates would not be feasible because it would put a burden on the homeowners; however, he would install the infrastructure for the gates and if the homeowner association chose to, they could construct the gates in the future. Commissioner Mondo asked if Mr. Strock had any objections to the City having the right to enforce the CC&R's. Mr. Strock indicated that he had no objections. There were no public comments. Motion to approve Conditional Permit No. 98-17, Tentative Tract Map No. 15748, Alley Abandonment No. 98-08, and Street Abandonment No. 98-09 with modifications to the conditions of approval: 1) that all finished ceilings heights for the lower level be a minimum of 14 feet and the minimum ceiling height for the upper level be 12 feet; and 2) that the City be indnded in the CC&R's as a party designated to enforce at its option all provisions of the approved CC&R's. MOTION: Mondo SECOND: Nalle Commissioner MacDowell asked if the maker of the motion would consider including a condition that the CC&R's require the establishment of a homeowners association with the purpose of enforcement of the CC&R's and with the ability to levy fees and assessments. Mr. Chris Taylor, representing the applicant, indicated that the CC&R's gives each property owner enforcement rights. In addition, he stated that the applicant did not have the ability to fund a homeowners association, to establish one would be a lengthy process because the applicant would have to undergo approvals with the State Department of Real Estate. Commissioner Mondo stated that Mr. Strock indicated that a homeowners association would be developed. Mr. Taylor indicated that that was a misunderstanding. There would be an establishment of an Executive Board that would have the right to enforce the CC&R's, there just would not be mandatory funding. Commissioner Solorio expressed his concerns regazding not having a homeowners association for the project and asked who would maintain the private streets. Mr. Adams responded that the City would maintain the private streets. Commissioner Doughty asked if the developer had financing available for potential buyers. Mr. Strock stated that a specific lender had not been established but they were discussing the project with several lenders. Commissioner Mondo indicated that he did not wish to modify the motion but expressed his frustration with the manner in which the project had been processed by the applicant. Commissioner Cribb complimented staff and the applicant for working to resolve the issues of the project and expressed his support for the project and stated that all of his concerns raised previously had been addressed. Madam Chair Verino indicated that she would support the motion. However, she hoped with the City assuming the responsibility of the maintenance of the project, the City would not incur the ongoing financial obligation of code enforcement. Commissioner Solorio expressed his appreciation to staff and the applicant for vigorously working together on the project and reiterated to the applicant that he would like to see an association established for the project. AYES: Verino, Mondo, Doughty, Nalle, Solorio, and Cribb NOES: MacDowell ABSENT: None ABSTAINED: None 2 Me rTntanr~ff infnrmaA tha ('nmmiccinn that tha ('itu f'nnnril h~`I ~nnrnvaA on amarnanr.. nrdinn,...o 2. Comments from the Executive Director. Ms. Uptegraff informed the Commission that the City Council had approved an emergency ordinance limiting the amount of days nonaerial balloons could be on roof tops. In addition, she stated that an ordinance would be prepazed for their review at the next meeting. 3. Comments from staff. There were no comments. 4. Comments from the Planning Commission. Commissioner Cribb requested staff investigate whether or not a sign on the old Handlebaz Saloon building was legal. 5. Excuse of absences. There were no absences. 6. Adjournment. The meeting adjourned at 6:45 p.m. 1 MN'~X~ ,l/L~ L .nette Verino, Chairperson Planning Commission J Planning Commission minutes December 1, 1998 3