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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