HomeMy WebLinkAbout07/08/2013CALLED TO ORDER
ATTENDANCE:
MINUTES OF THE REGULAR MEETING
OF 'THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
JULY 8,2013
CITY HALL, COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORN lA
5:30 P.M.
COMMISSIONERS Present:
ERIC ALDERE-TE, Chairman (arrived 5:49 p.m.)
PHIL BACERRA (arrived 5:38 p.m.)
JOEL CRESPO
JAMES GARTNER
SEAN H. MILL, Vice Chairman
ALEXANDER NALLE
PATRICK YRARRAZAVAL
STAFF Present:
JAY TREVINO, Ex. Dir., Planning & Building
KAREN HALUZA, Planning Manager
RYAN HO DG E, Assistant City Attorney
MARTHA RAM I REZ, Recording Secretary
I PLEDGE OF ALLEGIANCE TO 'THE FLAG LED BY VICE CHAIRMAN MILL
CONSENT CALENDAR
MOTION: Approve the Minutes of June 24,2013.
MOTION: Yrarrazaval SECOND: Nalle
VOTE: AYES: Crespo, Gartner, Mill, Nalle, Yrarrazaval (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete, Bacerra (2)
A. MINU'TES
RECOMMENDATION:
Approve the niinutes of tlie regular meeting on June 24, 2013.
B. CONDITIONAL USE PERMIT NO. 2013-11
Refugio Yalila Muniz is requesting approval of a conditional use permit for a Type 41
Alcohol Beverage Control (ABC) license for the on-premise sale and consumption of
beer and wine at theAvocado Grill restaurantlocated at 2525 North Grand Street, Unit
A, in the Arterial Commercial (C5) zoning district.
RECOMMENDATION:
Confirm ,the Zoning Administrator's action approving Conditional Use Permit No.
201 3-1 1 as conditioned.
MOTION: Confirm the Zoning Administrator's action approving Conditional Use
Permit No. 2013-1 1 as conditioned.
Planning Commission Minutes 1 July 8, 201 3
MOTION: Nalle SECOND: Gartner
VOTE: AYES: Crespo, Gartner, Mill, Nalle, Yrarrazaval (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete, Bacerra (2)
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
PROJECTS)
Joel Crespo met with Ryan Ogulnick representing Vineyards Development,
regarding The 301 development project. For public hearing Item 2 - DA No. 2012-
01, Commissioner Bacerra and Chairman Alderete disclosed that they had spoken
with Ryan Ogulnick and Christopher Townsend.
PROCEDURAL RULES
PUBLIC HEARING
1. CONDITIONAL USE PERMIT NO. 201 2-28
(Planning Commission continuedpublic hearing: June 10, 2013 to June 24, 2013; June 24, 2013 to July 8, 2013)
Filed by Rick Blake, representing the La Plaza Market, requesting approval of a
conditional use permit to upgrade an existing Type 20 Alcohol Beverage Control (ABC)
license to a Type 21 ABC license to allow the off-prerr~ise sale and consurrlption of
beer, wine and distilled spirits at the existing market at 425 North Euclid Street located
in the Community Commercial (CI) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: June 28,2013
PUBLICLY NOTICED: June 27,2013
RECOMMENDATION:
Planning Commission recommends approval of Conditional Use Permit No. 2012-28
as conditioned.
Principal Planner Vince Fregoso presented the staff report and indicated the
conditions of approval are standard conditions applicable to off-premise
establishments, with the exception of Condition No. 20. Based on the Commission's
input, Condition No. 20 was amended to not only require the cash register to be
visible but also the installation of new windows to ensure visibility of the cash
register.
The public hearing was opened.
Attorney Rick Blake, representing the applicant, spoke in support of the application.
Mr. Blake stated he has attempted to reach the landlord to discuss the window
installation on the front of the building.
The public hearing was closed.
Planning Commission Minutes July 8, 201 3
Commissioner Bacerra asked SAPD McCoy what are optimal dimensions for
windows. Mr. Blake indicated there were no foreseen problems with the dimensions.
Commissioner Yrarrazaval clarified that the CUP does not go into effect until all
conditions are applied.
MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-28 as
conditioned.
MOTION: Bacerra SECOND: Nalle
VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete (1)
2. MODIFICATIONS TO DEVELOPMENT AGREEMENT NO. 2012-01
Filed by Doug Cobb of Genesis Real Estate Group to modify Development
Agreement No. 2012-01 to allow an amendment and assignment to a new property
owner for The Met development project located 200 East First American Way.
PUBLISHED IN THE ORANGE COUNTY REPORTER: June 28,2013
PUBLICLY NOTICED: June 27,2013
RECOMMENDATION:
Recorr~melid that the City Council:
1. Direct the City Manager to authorize the assignment and amendment of
Development Agreement No. 2012-01 for The Met development project to
First Rock Santa Ana, LLC, development entity for Genesis Real Estate
G~OLIP, subject to the finalization of the sale of the subject property to First
Rock, with such non-substantive changes as may be approved by the City
Manager and City Attorney.
2. Approve and adopt an addendum to the Mitigated Negative Declaration and
Mitigation Monitoring Program, Environmental Review No. 201 1-46.
Principal Planner Sergio Klotz presented the staff report and recommendation.
Chairman Alderete questioned the request to remove the two-year prohibition on
sale or transferability of the property.
The public hearing was opened.
David Pasternak, attorney for the court-appointed receiver, explained that the two-
year prohibition on sale or transfer of the property needed to be removed in order to
effectuate the assignment of the agreement.
Gordon Ip, representing Genesis Real Estate Group, provided background on his
development company and stated his intention to construct the project as approved,
and that he intended to return with a subsequent application to develop the vacant
portion of the site at a later time.
David Wald, court-appointed receiver, responded to further questions .from Chairman
Alderete requesting clarification on amendments to the development agreement
necessary to effectuate the assignment to First Rock, LLC pending sale of the
property-
The public hearing was closed.
Chairman Alderete re-opened the public hearing.
Planning Commission Minutes 3 July 8, 201 3
Discussion continued regarding the applicant's request to remove the two-year
prohibition on sale or transfer of property from the development agreement. Gregg
Powers with Jackson, DeMarco, Tidus and Peckinpaugh, attorney representing
Genesis Real Estate Group, clarified that this change was necessary in order to
effectuate the transfer of the property and that, without it, the project could not
continue. He further explained that the property could not subsequently be assigned
without another action to do so.
The public hearing was closed.
,,,ON:
1.Direct the City Manager to authorize the assignment and amendment of
~evelo~ment ~~reement No. 2012-01 for The Met development project to
First Rock Santa Ana, LLC, development entity for Genesis Real Estate
Group, subject to the finalization of the sale of the subject property to
First Rock, with such non-substantive changes as may be approved by
the City Manager and City Attorney.
2. Approve and adopt an addendum to the Mitigated Negative Declaration and
Mitigation Monitoring Program, Environmental Review No. 201 1-46.
MOTION: Mill SECOND: Nalle
VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval
(7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
3. ZONING ORDINANCE AMENDMENT NO. 2013-01
The City of Santa Ana is requesting approval of a zoning ordinance amendment to
establish regulations related to emergency shelters, transitional housing and
supportive housing for the homeless.
PUBLISHED IN THE ORANGE COUNTY REPORTER: June 28,201 3
PUBLICLY NOTICED: June 27,201 3
RECOMMENDATION
Recommend that the City Col.lncil adopt an ordinance approving Zoning Ordinance
Amendment No. 201 3-01.
Associate Planner Melanie McCar~n presented the staff report and recommendation.
Staff proposed a continuation to July 22, 2013 to allow the Planning staff to update
the Lacy Neighborhood due to concerns they expressed over a possible expansion
of the Salvation Army Hospitality House.
Commissioner Yrarrazaval questioned why the 201 1 Point in Time data had been
used as opposed to 201 3.
Planning Commission Minutes July 8, 2013
Julia Bidwell, representing the County of Orange Commurrity Services Department,
stated the numbers had just been released to the Board of Supervisors, but that had
not been available at the time the original estimates of homeless need were
prepared.
Vice Chairman Mill expressed concern that the areas where shelters would be
perrrritted were only tlie more southerly parts of the City and not distributed more
evenly. Associate Planner McCann explained that the zone identified as most
appropriate for shelters, Industrial, are primarily located in those areas of the city.
Executive Director Trevino explained that industrially-zoned properties tended to be
located the farthest away from sensitive uses, such as residences, and that the
larger format buildings lent themselves to the needs of the homeless service
providers.
Commissioner Crespo asked for clarification of six month time limit. Associate
Planner McCann stated that homeless only stay at facility for six months by year;
differentiate between transitional housing and emergency shelters (1 80 days).
Commissioner Bacerra inquired if outreach had been conducted with neighborhood
associations regarding the highlighted areas on the map.
Commissioner Crespo favors spreading out, to allow homeless to locate to the
appropriate facility.
Commissioner Nalle commented site(s) may not have parking requirements.
Chairman Alderete inquired regarding the extent of the public outreach notification.
Executive Director Trevino provided information.
The public hearing was opened.
Public members speaking:
Mike Tardif, industrial property owner, requested that the presentation and map be
available on-line. Staff clarified that they had been posted prior to the meeting.
Daisy Gonzalez, with The Kennedy Commission, spoke in support of the proposed
ordinance.
Scott Larsen, Executive Director Home Aid in Orange County, spoke in support of
the ordinance and commended the successful job that the Planning staff has done in
drafting the ordinance.
Jean Watkins, Salvation Army, spoke in support of the ordinance; would like
opportunity to rehab building to make a model for the homeless. She commented
that Santa Ana has been the most open and thorough with the SB2 process.
The Commission asked that staff provide more outreach to neighborhoods adjacent
to the industrial areas that could be affected by the re-zoning and return to the
Comrrrission for final action.
MOTION: Continue public hearing to July 22,2013.
Planning Commission Minutes July 8, 201 3
MOTION: Bacerra SECOND: Crespo
VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval
(7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
I 4. PUBLIC COMMENTS (on non-agenda items)
None
5. STAFF COMMENTS
DISCUSSION OF IMAGES AND OTHER INFORMATIONAL ITEMS FOR STAFF
REPORTS
Planning Manager Karen Haluza requested direction from the Commission
regarding:
The expanded use of photoaraphs in staff reports - The Commissioners found the
expanded use of photographs in staff reports useful and asked that they continue.
The inclusion of Commissioner's e-mail addresses on the Citv's website - The
Commission decided to provide e-mail links on ,the City's website for Planning
Commissioners. Planning Manager Haluza asked that the Commissioners send the
e-mail addresses to staff that they would like to have posted to the website.
The inclusion of findinqs of both apptoval and denial in staff reports - Staff outlined
the difficulties in preparing findings for both approval and denial prior to the
application's consideration by the Planning Commission. Assistant City Attorney
Ryan Hodge also explained that having competing sets of findings would create an
unclear adrr~inistrative record, which could make it difficult for the City to prevail in
challenges to enforcement of conditions of approval, or to challenges of
environmental determinations. As an alternative, Staff will include a new section in
the staff reports that will outline the various alternative decisions the Planning
Commission could make along with instructions on how to proceed should the
Commission wish to do so.
The expanded use of analytical maps in staff reports - Staff explained that the City
was currently in the process of updating its mapping and geographic information
systems' capacities and expected to have the ability to do more map-based analysis
within the next 12 to 18 months. Staff indicated that, when maps could be created
that did not need the assistance of the City's GIs division, they would continue to
provide them.
6. PLANNING COMMISSION MEMBER COMMENTS
Chairman Alderete requested information on the regulation of e-cigarette stores.
Staff responded that they are regulated as retail stores and that smoking of the e-
cigarettes are not permitted on the premises.
I There were no other comments that required response.
7. EXCUSEOFABSENCES
ADJOURNMENT 8:12 P.M.
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Martha ~amirez- ---
Recording Secretary //
Planning Commission Minutes 6 July 8, 201 3