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HomeMy WebLinkAbout02/11/2013MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 11, 2013 CALLED TO ORDER CITY HALL, ROSS ANNEX FIRST FLOOR CONFERENCE ROOM 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE, Chairman (6:29 p.m.) JAMES GARTNER, Vice Chairman FRAN K ACOSTA SEAN H. MILL ALEXANDER NALLE PATRICK YRARRAZAVAL STAFF Present: JAY TREVINO, Ex. Dir. Planning & Building KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY VICE CHAIRMAN GARTNER MOTION: Approve the Mini ' MOTION: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES rtes of January 28, 2013. SECOND: Acosta Acosta, Gartner, Mill, Nalle, Yrarrazaval (5) None (0) None (0) Alderete (1) RECOMMENDATION: Approve the minutes of the regular meeting on January 28, 2013. B. CONDITIONAL USE PERMIT NO. 2012-29 Filed by Judy Fleenor, to allow the Crave Restaurant, LLC a Type 41 Alcohol Beverage Control (ABC) license for the on-premise sale of beer and wine at 410 West Fourth Street located in the Transit Zoning Specific Development No. 84 (SD- 84) zoning district. RECOMMENDATION: ' Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-29 as conditioned Written communication received and distributed to Commission from William McKie opposing ABC license. MOTION: Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-29 as conditioned. Planning Commission Minutes Page 1 of 8 February 11, 2013 MOTION: Acosta SECOND: Nalle VOTE: AYES: Acosta, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) * * * END OF CONSENT CALENDAR ' BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DI Commissioners Mill and Gartner spoke with Nick Spain of the Old Orchard Conservancy. Commissioner Yrarrazaval spoke with Jeannie Gillett of the Old Orchard Conservancy. Commissioner Nalle received a letter from Steve Ray with the Santa Ana Historical Preservation Society regarding the Sexlinger development. WORK STUDY SESSION D. UPDATE ON HARBOR MIXED USE TRANSIT CORRIDOR PLAN Principal Planner Sergio Klotz opened the discussion and introduced the consultant for the Harbor Corridor, Colin Drukker with The Planning Center. Mr. Drukker provided a summary of the proposed Harbor Mixed Use Transit ' Corridor Plan. He reviewed the history and project timeline/funding/public outreach efforts to date. He outlined the principles for urban and transit-oriented mixed-use development, allowing for the development of affordable housing along the corridor, economic opportunities for businesses and residents, as well as increased transportation choices (BRT, pedestrian and bicycle). He highlighted the concept plan: • 3 districts -Transit Node, Corridor and Neighborhood Transition • right balance of parking; transition to existing neighborhoods • building types • frontage types landscape palette • building massing transition to existing neighborhoods • Open Space -private/common/public In conclusion Mr. Drukker stated the next steps include completion of a draft specific plan, a draft Environmental Impact Report, and public hearings. Commission discussed parking ratios, for sale or rentals, community input, pedestrian and bicycle concept with bus turn-outs, adult businesses and car sales lots, and open space. Commissioners expressed concern with building ' heights next to existing single story residences and the density issue. The Commission commented that reviewing alternatives for Harbor Boulevard is beneficial to the City. E. Recess to Council Chamber - 6:40 p.m. Planning Commission Minutes Page 2 of 8 February 11, 2013 CITY OF SANTA ANA CITY HALL -COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 7:01 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE ' PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2012-30 Filed by Joseph Bashoura, to allow Prowash Xpress a conditional use permit to construct an automatic car wash facility at 4426 West First Street located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 1, 2013 PUBLICLY NOTICED: January 31, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-30 as conditioned. Associate Planner Ann Ni presented the staff report and recommendation. ' Commissioner Yrarrazaval asked for clarification on the hours of operation, Planning Condition No. 4 as the fall/spring had not been addressed. Also he asked to confirm that the Water Regional Quality Control Board (WRQCB) certified that there is no residual contamination. Ms. Ni confirmed that the site had received its closure letter from WRQCB. No written communications were received. The public hearing was opened. No public members spoke. Applicant Joseph Bashoura thanked the staff and commissioners. He clarified the hours or operations were addressing the daylight savings time schedule. Mr. Bashoura agreed to have the hours of operation limited to 7:00 a.m. to 9:00 p.m., seven days a week. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-30 as conditioned with Planning Commission modification to Planning Condition No. 4 stating hours of operation limited from 7:00 a.m. to 9:00 p.m., seven days a week. MOTION: Yrarrazaval SECOND: Nalle ' VOTE: AYES: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes Page 3 of 8 February 11, 2013 2. FINAL ENVIRONMENT IMPACT REPORT NO. 2011-01, VARIANCE NO. 2012- 04, AND TENTATIVE TRACT MAP NO. 2012-02 Filed by Scott Allen of the TAVA Development, to allow the construction of a new 24-unit single-family project at 1584 East Santa Clara Avenue located in the Single Family Residential (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 1, 2013 ' PUBLICLY NOTICED: January 31, 2013 RECOMMENDATION: Recommend that the Planning Commission recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2011-01 and approve the mitigation monitoring program and statement of overriding considerations for the Sexlinger Farmhouse and Orchard. 2. Adopt a resolution approving Variance No. 2012-04 as conditioned. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2012-02 (County Map No. 17231) as conditioned. Principal Planner Vince Fregoso presented the staff report and recommendation. Commissioner Mill inquired as to the appraised value of the property and the estimated property tax with construction of the project. Commissioner Acosta clarified that the new street would be public and that the units would be for-sale homes. Commissioner Yrarrazaval requested clarification as to the remaining steps the ' applicant would need to take prior to issuance of a demolition permit; stated that the EIR did not provide for adequate mitigation for the loss of the historic resource. Chairman Alderete asked for a comparison of the size of the new houses and lots compared to those existing in the adjacent neighborhood and cited concerns that the EIR did not contain a shade and shadow analysis to address potential impacts of the proposed two-story houses on the neighboring single story houses. Staff responded that the Aesthetics analysis did not contain a shade and shadow study due to the orientation of the new development, the distance between the new structures to the existing structures, and that the existing zoning allows for structures up to 35 feet in height. Chairman Alderete inquired about the differences between Santa Ana Register of Historical Properties designation and CEQA threshold and voiced concerns with the traffic impacts. Commissioner Yrarrazaval confirmed that the Historic Resources Commission had sought out alternatives to the demolition and that no resources were found to preserve the property. He also stated that the Historic Resources Commission adopted a resolution that suggested the City purchase the property. Written communications received and distributed to Planning Commission: ' Deborah M. Rosenthal, AICP for Sheppard, Mullin, Richter & Hampton LLP, expressed concerns with alternatives and mitigation measures; Cindy Heitzman, Executive Director at California Preservation Foundation, opposed the project citing the Hybrid alternative proposal, non-adherence of project objectives, failure to seek alternatives, and inability to access the staff report from the city website; Ellen Diamond with Grain Project supports HRC decision to have City purchase property, two-story project architecture is not in sync with neighborhood, development, prohibits preservation alternative; Deborah DeMeo Strunk, commented that project would affect historic resource and violate CEQA; Gale Brandt, in support of saving the orchard; an email from mayjuno regarding EIR compliance, and letter from Santa Ana Historical Preservation Society submitted Planning Commission Minutes Page 4 of 8 February 11, 2013 by Alan Lawson cited inconsistencies with the general plan. The public hearing was opened. Public speakers: Robert Odle, representing the property owners, spoke in support of the project and requested certification of the EIR as a full and complete analysis. He introduced Scott Alan, representative of TAVA Development, who was available to address technical issues. Jeannie Gillett, President of The Old Orchard Conservancy (TOOC), stated that the EIR: didn't adequately analyze alternatives to preserve the site, didn't provide for adequate mitigation measures, contained project objectives that were too specific and precluded the selection of any other alternatives as environmentally superior. She also stated that she had not been able to access the EIR on-line. Staff stated that the EIR had been posted in accordance with the law and that several full sets were personally delivered to Ms. Gillett. Deborah Rosenthal, representing TOOC and the California Preservation Foundation, stated that she is a land use attorney and certified planner. She commented that the EIR is inadequate due to its lack of mitigation measures and failure to include any preservation alternatives. Mathew Holbrook commented that the proposed variance for lot frontage could not be supported due to the lack of any unique circumstances related to the size, shape or topography of the property. Nick Spain, representing TOOC, stated that the EIR is inadequate due to a lack of alternatives that would preserve the property and mitigate impacts, that the Hybrid Development Alternative was not a preservation alternative, that the Low Density Alternative was too vague. Mr. Spain proposed a Commercial Orchard ' Alternative that would restore the orchard to its former commercial status with the revenues generated from the sale of the fruit creating a revenue neutral, feasible alternative. Elaine Cali, representing TOOC, requested denial as there is a conflict with the general plan and commented on the traffic impacts at the John Muir Elementary School. Ryan Bensley, Vice President of TOOC, emphasized the importance of preserving the Sexlinger site. Resident Patty Sigma-Maize emphasized the importance of preserving the Sexlinger site and expressed concern with the potential for traffic impacts due to traffic at John Muir Elementary School, and for incompatibly of the proposed two- story houses with the existing neighborhood. Resident Virginia Mayne, homeowner on Avalon and neighborhood representative, stated that the trees still bear fruit, and that the neighbors object to the opening of Lyon Street and that the proposed traffic calming measures will be inadequate to address cut-through traffic. ' Lara Montague, Executive Director of Grain Project, emphasized the importance of preserving the Sexlinger site as a community garden resource citing the Grain Project's involvement with the Jerome Park community garden. She further stated that the City could partner with community groups to farm the orchard, which would generate revenue. Alan Lawson, representing the Santa Ana Preservation Historical Society, stated that the project is inconsistent with the General Plan and that the Statement of Overriding Considerations is inadequate. He stated that he supports the City's purchase of the property. Planning Commission Minutes Page 5 of 8 February 11, 2013 Steve Ray, member of the board of TOOC, recommended denial: (1) indicated no clarity as to applicant (owners of property relationship), (2) documents on line pending CEQA were not readily available so should be continued; (3) state and federal listings denied in report; (4) general plan must be consistent with development, (5) variances do not meet standards, project objectives and tentative tract map inconsistent with the general plan. No alternatives, previously submitted ones were not considered. Moises Munoz Plascencia, Memorial Park Association, voiced concerns stating that green space is needed, personal history being lost; property has educational potential, encouraged more police patrolling, and cited traffic impacts, loss of property values and cultural resource. Janice Lawlor emphasized the importance of preserving the Sexlinger site, objected to the opening of Lyon Street, as well as the proposed two-story design of the houses. Scott Allan, representing TAVA Development, explained that the variance request was supported by a unique circumstance related to the property due to its adjacency to an existing neighborhood to mitigate any concerns over cut- through traffic. The street design, which would have been designed as a straight through-street, was given a curvilinear design, which impacted the lot frontage of two lots. He stated that the developer had given TOOC a lengthy period of time to purchase the property from the property owners, but that they had been unable to identify resources to do so. He stated that the connection of Lyon Street to Santa Clara is necessary for safety access to the site and to the adjacent neighborhood. He stated that the project would complete the widening of Santa Clara, would construct a new park wall, and would provide a new point of access to the park to the existing neighborhood. ' Commission commented on the appraised value of the property and the potential property tax revenues; discussed an alternative U-shape street design; and the potential to use orange trees as part of the project landscaping. Mr. Allan stated that they would be willing to offer orange trees as an option for front yard landscaping. Ron Van Blarcom, attorney for the property owners, cited his experience with CEQA law and stated that the EIR is adequate and that he supported the recommendation for approval. The public hearing was closed. Commissioner Mill stated that: the site is not necessary to ensure access to adequate open space in this part of the City due to the presence of existing open space; keeping Lyon Street from connecting through to the existing neighborhood would impact public safety access and segregate the new neighborhood; he does not support the City's purchase of the property. Commissioner Gartner stated that: Lyon Street should connect through to the existing neighborhood and expressed support for TOOC purchasing the property as long as it was not at the City's expense. ' Commissioner Acosta expressed his support for the neighborhood, particularly to their concerns about the proposed two-story houses and agreed that the variance might not be warranted. Commissioner Yrarrazaval expressed his support for the HRC resolution urging the City to purchase the property and referenced a letter written by Steve Ray and attached to the HRC resolution outlining several ways that the City could help with the purchase. He stated that while the site may develop at some point, the EIR could have done a better job analyzing alternatives including options that were given in public comments. Planning Commission Minutes Page 6 of 8 February 11, 2013 Commissioner Nalle indicated to the historic preservationists that he empathized with their position but went on to state that the Planning Commission should not prevent private property owners from developing their property or selling it to other private parties at market value. He stated that he found the EIR to be satisfactory. Commission Chair Alderete stated that he believed that a preservation alternative could be found. He expressed concern over the compatibility of the proposed ' two-story houses with the existing single-story neighborhood citing inconsistency with the General Plan goal of development being harmonious in scale with existing neighborhoods. He also stated that he believed the EIR was inadequate because the aesthetic analysis was deficient which included the shade and shadow analysis but really more than that. PWA Principal Civil Engineer Taig Higgins responded to questions raised by the Commission regarding the traffic study that was conducted. Planning Manager Haluza stated that the intent of the Hybrid Alternative was to seek a development scenario that would still achieve the project objectives, but that would also preserve the house and some portion of the orchard, while contributing to existing open space. She noted that the house is currently located within the right-of-way for the widening of Santa Clara Avenue. In responding to questions regarding the shade and shadow impacts, Steve Allen with URS clarified that the project sits to the north and, as such, would not block solar access to the neighborhood to the south, in addition two-story units do not cast shadows large enough to be considered an environmental impact pursuant to CEQA. MOTION: ' Recommend that the City Council: 1. Adopt a resolution denying Final Environmental Impact Report No. 2011-01 and approve the mitigation monitoring program and statement of overriding considerations for the Sexlinger Farmhouse and Orchard. 2. Adopt a resolution denying Variance No. 2012-04 as conditioned. 3. Adopt a resolution denying Vesting Tentative Tract Map No. 2012-02 (County Map No. 17231) as conditioned. MOTION: Yrarrazaval SECOND: Acosta VOTE: AYES: Acosta, Alderete, Yrarrazaval (3) NOES: Gartner, Mill, Nalle (3) ABSTAIN: None (0) ABSENT: None (0) MOTION FAILED TO CARRY WITH A TIE VOTE. SUBSEQUENT MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2011-01 and approve the mitigation monitoring program and statement of overriding ' considerations for the Sexlinger Farmhouse and Orchard. 2. Adopt a resolution approving Variance No. 2012-04 as conditioned. 3. Adopt a resolution approving Vesting Tentative Tract Map No. 2012-02 (County Map No. 17231) as conditioned MOTION: Mill SECOND: Nalle VOTE: AYES: Gartner, Mill, Nalle (3) NOES: Acosta, Alderete, Yrarrazaval (3) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes Page 7 of 8 February 11, 2013 MOTION FAILED TO CARRY WITH A TIE VOTE. Chairman Alderete declared an impasse and offered the applicant: 1) Denial of his application, in which case he may appeal to the City Council or; 2) Continuing the application to a later date for further consideration by the Commission. ' Robert Odle, representing the property owners, opted to move the project forward to City Council with a recommendation of denial. Item is tentatively scheduled to go before the City Council on March 4, 2013. 3. PUBLIC COMMENTS (on non-agenda items) None 4. STAFF COMMENTS None 5. PLANNING COMMISSION MEMBER COMMENTS No comments were made requiring staff action. 6. EXCUSE OF ABSENCES ADJOURNMENT 9:31 P.M. MARTHA RAMIREZ RECORDING SECRETARY Planning Commission Minutes Page 8 of 8 February 11, 2013