HomeMy WebLinkAbout03/14/2011MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
MARCH 14, 2011
C~
CALLED TO ORDER CITY HALL COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:37 P.M.
ATTENDANCE COMMISSIONERS Present:
ERIC ALDERETE, Chairman
JAMES GARTNER, Vice Chairman
FRANK ACOSTA
SEAN H. MILL
ALEXANDER NALLE
MARIO TURNER
PATRICK YRARRAZAVAL
STAFF Present:
JAY TREVINO, Ex. Dir. Ping. & Bldg. Agency
KAREN HALUZA, Planning Manager
RYAN HODGE, Assistant City Attorney
MARTHA RAMIREZ, Recording Secretary
i
PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE
CONSENT CALENDAR
MOTION: Approve the Minutes with the following modifications:
1. Chairman Alderete's comments on the downtown bicycle parking "The uniform bike
racks failed to provide an interesting component to downtown and urged the use of
unique racks like those used in San Francisco, Portland or New York."
2. Commissioner Turner clarified his comments to "information on any projects
previously approved or processed under the Transit Zoning Code."
MOTION: Mill
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Acosta
Acosta, Alderete, Gartner
Yrarrazaval (7)
None (0)
None (0)
None (0)
Mill, Nalle, Turner,
A. MINUTES
RECOMMENDATION:
Approve the minutes of the regular meeting of February 28, 2011.
B. CONDITIONAL USE PERMIT NO. 2011-02
Filed by Nexus Development Corporation to allow a Type 47 Alcohol Beverage
Control license (on-premise sale and consumption of beer, wine and distilled spirits)
at a new Courtyard by Marriott Hotel located at 8 MacArthur Place in the Specific
Development No. 76 (SD-76) zoning district.
RECOMMENDATION:
Receive and file 'the staff report approving Conditional Use Permit No. 2011-02 as
conditioned
Planning Commission Minutes
1
March 14, 2011
MOTION: Receive and file the staff report approving Conditional Use Permit No.
2011-02 as conditioned
MOTION: Mill SECOND: Acosta
AYES: Acosta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
* * * END OF CONSENT CALENDAR
BUSINESS CALENDAR
C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
No disclosures were made.
D. ELECTION OF OFFICERS
(Remanded by Planning Commission: February 28, 2011 to March 14, 2011)
RECOMMENDATION:
Elect Planning Commission representative on the Historic Resources Commission
for the year 2011
i
MOTION: Continued to March 28, 2011. Commissioner Mill would consider if meeting
time could be changed to 5:00 p.m. Planning staff will review the Historic Resources
Commission resolution with regards to meeting time stipulation.
MOTION: Yrarrazaval
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PROCEDURAL RULES
SECOND: Nalle
Acosta, Alderete,
Yrarrazaval (7)
None (0)
None (0)
None (0)
Gartner, Mill, Nalle, Turner,
PUBLIC HEARING
1. VARIANCE NO. 2011-02
Filed by Rob Eres with the Nexus Development Corporation, to allow three wall ns
on the top level of the Courtyard by Marriott Hotel at 8 MacArthur Place located in
the Specific Development No. 76 (SD76) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: March 2, 2011
PUBLICLY NOTICED: March 2, 2011
RECOMMENDATION:
Adopt a resolution approving Variance No. 2011-02 as conditioned.
Principal Planner Vince Fregoso presented the staff report and recommendation.
No written communications were received.
Commission discussion ensued regarding the quality of the sign design. The
Commissioners expressed concern that the applicant's proposal was not unique and
modern as discussed at previous Commission meetings, but was common standard
signage.
Planning Commission Minutes 2 March 14, 2D11
Executive Director Trevino commented that the proposed wall sign design was
responsive to the Commission's previous direction in that it no longer contained the
standard Courtyard by Marriott red/green logo.
Rob Eres, representing the applicant, recapped his understanding of the Planning
Commission's prior direction and explained why he thought the proposed design met
the intent of previous discussions. Mr. Eres stressed the need to have the signs
approved in order to meet the May 15, 2011 opening date.
Corey Alder, representing the applicant, stated that the sign as proposed had not
changed from the signs that were included on previous elevations and that the
purpose of the variance request was to allow a larger number of signs rather than to
approve a specific design. He too stressed that a delay in approval would be a
hardship to the developer.
The public hearing was opened. No public members spoke. The public hearing was
closed.
The Commission continued to discuss the merits of the proposed signage with
Commissioners Alderete, Mill, Turner and Yrarrazaval finding that the sign was not
responsive to the Commissioners' previous direction nor was it reflective of what the
developer had previously promised. Commissioners Acosta, Gartner and Nalle
found that the sign design was adequate. Commissioners Acosta and Nalle
acknowledged that they had not been on the Planning Commission when the signs
were previously discussed.
MOTION: Adopt a resolution approving Variance No. 2011-02 as conditioned.
Moved by Commissioner Nalle and Seconded by Vice Chairman Gartner.
Motion failed due to a lack of vote.
SUBSTITUE MOTION: Continue to March 28, 2011 to consider alternative designs
and images.
MOTION: Yrarrazaval SECOND: Turner
VOTE: AYES: Alderete, Mill, Turner, Yrarrazaval (4)
NOES: Acosta, Gartner, Nalle (3)
ABSTAIN: None (0)
ABSENT: None (0)
2. AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02. CONDITIONAL
USE PERMIT NO. 2011-05. VARIANCE NO. 2011-04. AND SITE PLAN REVIEW
NO. 2011-01
Filed by Bill McKibbin, to allow a 300-unit multiple family residential development at
100-140 East MacArthur Boulevard located in the Specific Development No. 76 (SD-
76) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: March 2, 2011
PUBLICLY NOTICED: March 2, 2011
RECOMMENDATION:
Recommend that the City Council:
1. Adopt a resolution approving the Addendum to the Final Environmental
Impact Report No. 2004-02 and approve the Mitigation Monitoring and
Reporting Program.
2. Adopt an ordinance approving the fourth amendment to Development
Agreement No. 2005-02.
3. Adopt a ` ,resolution approving Conditional Use Permit No 2011-05 as
conditioned.
Planning Commission Minutes 3 March 14, 2011
4. Adopt a resolution approving Variance No. 2011-04 as conditioned to allow
tandem parking.
5. Adopt a resolution approving Site Plan Review No. 2011-01 as conditioned.
Principal Planner Vince Fregoso presented the staff report and recommendation.
Mr. Fregoso discussed proposed modifications to conditions of approval from the
• Police Department and Planning Division. Prior Police Department Conditions Nos.
1, 3, and 6 were deleted, with prior Condition No. 2 modified to read:
No. 1 - A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the projects
security inclufling security personnel, surveillance/camera equipment (on each
floor of parking structure, stairwells, and elevator lobby/cab) with Internet
viewing capability for the tenants of the project, and access control hardware.
The project will be required to have a minimum of two state licensed uniformed
security personnel. One security officer will be required for the residential
buildings and one for the parking garage. Entrances/exits to the parking
structure must be equipped with rolling overhead gates. Redesign Elevator
lobby by removing the elevator alcove and provide a secure lobby enclosed
with fire rated glass partitions. A minimum 12-inch shatterproof convex mirror
shall be installed at each stair landing. All doors leading into stairwells shall be
equipped with a minimum 5-inch by 20-inch fire rated window. The last flight of
stairs shall be fully enclosed at its base. Duress alarms allowing voice
communication with security personnel shall be placed in strategic locations,
approved by the Police Department, throughout the parking garage. The
elevator/stairwells serving the parking structure of the project shall be
equipped with card readers at the garage levels to restrict unauthorized
• access into the residential areas. The elevator lobby shall be designed and
constructed of material that allows maximum visibility of the interior of the
lobby from the parking decks. Glazing material will be used to its maximum
extent. Alternate means and methods can be proposed that mitigate the
concerns specified above with Police Department approval.
Mr. Fregoso gave an overview of the modifications to the following Planning Division
conditions:
• No. 5 -Balconies for the project shall maintain a minimum dimension of not
less than six feet in any direction, except for units fronting on MacArthur
Boulevard.
• No. 6 -Balconies for the project shall incorporate the use of stainless steel
railings, or equivalent as approved by the Planning Division.
• No. 13 - A detailed amenity deck plan must be reviewed and approved prior
to issuance of any building permits. The plan shall include details on the
hardscape design, lighting concepts and outdoor furniture for the amenity
deck as well as an installation plan. The exact specifications for these items
are subject to the review and approval of the Planning Division. The amenity
deck shall be maintained in the same condition as installed at the time of
• occupancy.
• No. 25 -Construction workers for the project shall be prohibited from parking
in the Sandpointe neighborhood.
Chris Coe, project architect, responded to Commission questions regarding siding
materials, patio dimensions and access from the ground floor patios to the street.
The public hearing was opened
Planning Commission Minutes 4 March 14, 2011
Vice President Peter Zak of Lyon Communities thanked the Commission, indicated
that a positive Sandpointe Neighborhood meeting was held and stated that they
would comply with all of the conditions. He provided information on the proposed
construction timeline for the project.
No public members spoke. The public hearing was closed.
MOTION: Recommend that the City Council:
1. Adopt a resolution approving the Addendum to the Final Environmental
Impact Report No. 2004-02 and approve the Mitigation Monitoring and
Reporting Program.
2. Adopt an ordinance approving the fourth amendment to Development
Agreement No. 2005-02.
3. Adopt a resolution approving Conditional Use Permit No 2011-05 as
conditioned. Section 5, 6, 7 changes; staff presented changes to commission.
4. Adopt a resolution approving Variance No. 2011-04 as conditioned to allow
tandem parking.
5. Adopt a resolution approving Site Plan Review No. 2011-01 as conditioned.
MOTION: Nalle
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Mill
Acosta, Alderete,
Yrarrazaval (7)
None (0)
None (0)
None (0)
Gartner, Mill, Nalle, Turner,
WORK STUDY SESSION
3. DISCUSSION OF HOUSING OPPORTUNITY ORDINANCE
Principal Planner Sergio Klotz provided an overview of the proposed ordinance. Mr.
Klotz discussed the standards, applicability and provided examples. The Zoning
Ordinance Amendment is scheduled for the March 28, 2011 Planning Commission
agenda, as well as an upcoming Community Redevelopment and Housing
Commission meeting and City Council.
Commission discussion ensued regarding applicability of the ordinance, how
corridors were identified for new housing sites, Transit Zoning Code, state housing
requirements, and the need for appropriate land use standards such as open space.
Consultant Kathe Head with Keyser-Marston provided technical information such as
determining unit value and the gap between market rate and affordability.
4. PUBLIC COMMENTS (on non-agenda items)
Business owner Mike Tardif commented that the Housing Opportunity Ordinance's
15% percentage for development seems excessive; encouraged affordable housing
but suggested changing to 10%.
Cesar Covarrubias with The Kennedy Commission supported and encouraged policy
and programs to promote affordable housing. He stated that when property owners
receive a substantial benefit through an up-zoning that the 15% affordability
requirement is appropriate.
5. STAFF COMMENTS
Recording Secretary Ramirez reminded the Planning Commissioners to submit the
Annual Statement of Economic Interest (Form 700) by Thursday, March 31, 2011.
Planning Commission Minutes 5 March 14, 2011
6. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Acosta requested an update on the Friends of Lacy lawsuit.
Chairman Alderete and Commissioner Turner recommended permanent retention of
audio tapes for the Planning Commission Minutes.
• 7. EXCUSE OF ABSENCES
ADJOURNMENT 8:11 P.M.
Mart a Ramirez
Recording Secretary
Planning Commission Minutes 6 March 14, 2011