HomeMy WebLinkAboutPC MINUTES 07-14-2014MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
JULY 14, 2014
CALLED TO ORDER CITY COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:39 P.M.
ATTENDANCE COMMISSIONERS Present:
ERIC ALDERETE, Chairman
SEAN H. MILL, Vice Chairman
PHIL BACERRA
BRUCE T. BAUER
ALEXANDER NALLE
PATRICK YRARRAZAVAL
COMMISSIONERS Absent:
JAMES R. GARTNER
STAFF Present:
KAREN HALUZA, Interim Exec. Dir. P &BA
VINCE FREGOSO, Acting Planning Manager
RYAN HODGE, Assistant City Attorney
ROSA BARELA, Acting Recording Secretary
PLEDGE OF ALLEGIANCE Chairman Alderete
A. PUBLIC COMMENTS (on non - agenda items) - None
CONSENT CALENDAR
MOTION: Approve the Consent Calendar item per staff's recommendation.
MOTION: Mill SECOND: Nalle
VOTE: AYES: Alderete, Bacerra, Bauer, Mill, Nalle, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Gartner (1)
Items removed for separate action or modified are highlighted. Separate actions show the
actual vote. Items without votes are adopted as part of the consent motion.
B. MINUTES
RECOMMENDATION:
Approve the minutes of the regular meeting on June 23, 2014.
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
PROJECTS)
Vice Chair Mill disclosed for Agenda Item No. 2 that he spoke with Midoros LLC
representatives Carlos Bustamante and Saul Delgado and was provided background
on the project.
PLANNING COMMISSION MINUTES 1 JULY 14, 2014
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Commissioner Bacerra disclosed for Agenda Item No. 2 that he also spoke with
Midoros LLC representatives Carlos Bustamante and Saul Delgado on the project.
REVIEW OF PLANNING COMMISSION BY -LAWS AND CITY CODE OF ETHICS
Commissioners Bauer and Bacerra discussed the possibility of prohibiting ex parte
communications.
Vice Chair Mill noted the importance of updating the By -Laws and aligning them with
the City's Code of Ethics and Sunshine Ordinance, while noting the importance of
being transparent and creating an open and fair process in government as
discussed in the presentation to the Commission by City Attorney Sonia Carvalho on
March 10, 2014.
Commission discussion ensued on prohibiting ex parte communication, verbal
disclosures, the disclosure form and penalties for violating the By -Laws.
Ms. Haluza clarified that verbal disclosure is required, with the form acting as a
memorialization of any disclosure that would become part of public record. Ms.
Haluza also noted that the By -Laws state that Boards and Commissions have the
ability to prescribe rules and regulations governing their operations.
Commissioner Bacerra commented that the Ex Parte Communication Form does not
accomplish what it is intended to do. He also expressed concerns with the
Commissions ability to enforce what is not allowed by the Charter.
Commissioner Bauer noted his concerns with the portion of the memorandum that
referenced potential punishment of the Commission for violations of the By -Laws.
Chairman Alderete noted support of change in By -Laws adding he thinks there
should be some type of enforcement for individuals who circumvent the rules.
Vice Chair Mill stated that the current disclosure process is not effective, with the
new process assisting in informing the public of communications outside of the
public realm. He also commented that a clear process needs to be defined with
repercussions included in the By -Laws.
Commissioner Bacerra noted this policy should be applied equally to all city boards
and commissions and should be a directive from the City Council.
Chairman Alderete noted the penalties laid out include a resolution of censure,
preparation of a letter to the Council regarding a breach of the By -Laws and
preparation of a letter requesting action, up to and including removal of the
Commissioner. with removal a function of the Council.
MOTION: Direct staff into inquire in the possibility of prohibiting all Ex Parte
Communications and implications.
MOTION: Bauer
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
Motion Failed.
SECOND: Bacerra
Bacerra, Bauer (2)
Alderete, Mill, Nalle,
None (0)
Gartner (1)
Yrarrazaval (4)
MOTION: Direct staff to prepare changes to By -Laws to include the Code of
Ethics and Conduct and Sunshine Ordinance as worded in the memorandum
without disciplinary action.
PLANNING COMMISSION MINUTES 2 JULY 14, 2014
MOTION: Bauer SECOND: Bacerra
VOTE: AYES: Bacerra, Bauer, Nalle (3)
NOES: Alderete, Mill, Yrarrazaval (3)
ABSTAIN: None (0)
ABSENT: Gartner (1)
Motion Failed.
MOTION: Direct staff to prepare the By -Laws changes as stated in the packet
including the enforcement option and making that retroactive to March 10,
2014 which was the date the City Attorney spoke to Commission and directed
Commissioners they must fill out the Disclosure Form.
MOTION: Mill
SECOND: Alderete
VOTE: AYES:
Alderete, Mill, Nalle, Yrarrazaval (4)
NOES:
Bacerra, Bauer (2)
ABSTAIN:
None (0)
ABSENT:
Gartner (1)
E. BRIEFING ON COUNTY OF ORANGE EMERGENCY SHELTER /MULTI- SERVICE
CENTER
Karen Haluza provided a briefing on the status of the County of Orange Emergency
Shelter /Multi - Service Center to be located at 1217 East Normandy Place. The
industrial building is within the SB2 established zone and will replace the existing
armory that was used as emergency shelter during the colder months, added the
City Council held a special meeting on Homelessness and have actively participated
with the County to help address issue, and noted a community outreach forum was
held on July 2 at Kennedy Elementary. Ms. Haluza noted if the Board of
Supervisors approves the purchase they will move forward with necessary
renovations to become an emergency shelter and multi - service center for the
homeless. Ms. Haluza added the Salvation Army is planning to submit plans to
completely renovate their building and build a new shelter and expand from 50 to 70
beds.
WORK STUDY SESSION
F. OVERVIEW OF THE MADISON MIXED -USE PROJECT
Verny Carvajal provided an overview of The Madison mixed -use project proposed at
200 North Cabrillo Park Drive. He noted staff has been working with Bisno
Development and R20 Development on the project. Mr. Carvajal discussed the
Metro Mixed Use Overlay Zone that was approved and the type of projects allowed
within the existing office area district, spoke on the different districts within the
MEMU area, provided a status of the project which is currently in second round of
site plan review, noted the need to comply with the Metro East EIR, master sign
program and discussed community outreach meetings. He then introduced Bob
Bisno, developer, and Tom Zahlten of Ehrlich Architects.
Tom Zahlten, Ehrlich Architects, described the project noting they propose a total of
217 residential units with an average unit size of 919 square feet with four additional
live /work units and two retail spaces totaling 6,220 square feet adjacent to the public
plaza; the 441 parking spaces for the project; the amenities that include a gym,
lounge, business center, rooftop decks, private balconies, tenant courtyard and
sound wall with a water element. Mr. Zahlten also gave an overview of the
landscape plan.
Commissioner Bauer noted concerns with the west elevation due to the view from
the freeway and its importance due to its high visibility. Mr. Zahlten provided a plan
of the sound wall indicating it will have greenery.
PLANNING COMMISSION MINUTES 3 JULY 14, 2014
Vice Chair Mill concurred regarding greenery on the sound wall and noted project is
a welcome addition to the area along with the Lyon project and noted
disappointment on not proposing affordable units.
Commissioner Yrarrazaval suggested the developer outreach to the adjacent
parking structure owners for possible shared parking on the weekends and noted
concern on the solar panels with possible shadows from the adjacent buildings.
Chairman Alderete noted he would like to see more retail and noted he liked the
design adding it is visually well done.
PROCEDURAL RULES
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT NO. 2014 -18
Blanca Toriz, representing El Cangrejo Nice, is requesting a conditional use permit
to allow an upgrade from a Type 41 to a Type 47 (on -sale general) Alcoholic
Beverage Control (ABC) license in conjunction with an existing restaurant at 819
South Main Street located in the Commercial South Main (C -SM) zoning district.
PUBLISHED IN THE ORANGE COUNTY REGISTER: July 4, 2014
PUBLICLY NOTICED: July 3, 2014
RECOMMENDATION:
Adopt a resolution approving Conditional Use Permit No. 2014 -18.
Ali Pezeshkpour, Assistant Planner I, presented the staff report and
recommendation.
Public hearing was opened. No written communications were received and there
were no speakers on the matter. Public Hearing was closed.
MOTION: Adopt a resolution approving Conditional Use Permit No. 2014 -18.
MOTION: Yrarrazaval SECOND: Nalle
VOTE: AYES:
Alderete, Bacerra, Bauer, Mill, Nalle, Yrarrazaval (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Gartner (1)
2. AMENDMENT APPLICATION NO. 2014 -03, VARIANCE NOS. 2014 -03 & 2014 -04
Midoros LLC, is requesting a zone change from Light Industrial (M -1) to Two Family
Residential (R -2) to be consistent with the LR -7 General Plan designation currently
on the property. The applicant is also proposing to construct a new single - family
residence and second dwelling unit as part of this project. Variances are required
for a reduction in front and side yard setbacks and a reduction in rear yard open
space for proposed second dwelling unit at 1728 and 1732 West Second Street
located in the Light Industrial (M -1) zoning district.
PUBLISHED IN THE ORANGE COUNTY REGISTER: July 4, 2014
PUBLICLY NOTICED: July 3, 2014
PLANNING COMMISSION MINUTES 4 JULY 14, 2014
RECOMMENDATION:
Recommend that the City Council:
1. Deny Amendment Application No. 2014 -03 to amend the zoning from Light
Industrial (M1) to Two - Family Residential (R2).
2. Adopt a resolution denying Variance No. 2014 -03 to allow a reduction in rear
yard open space for the property located at 1732 West Second Street.
3. Adopt a resolution denying Variance No. 2014 -04 to allow a reduction in front
and side yard setbacks for the property located at 1732 West Second Street.
Matt Foulkes, Senior Management Analyst, presented the staff report and
recommendation.
Commissioner Nalle inquired about the alternatives to the development of the 1732
parcel. Mr. Foulkes noted if the second dwelling unit was not proposed for 1732
parcel, one of the variances would be removed from this request and noted staff's
recommendation is because the project could be redesigned to have a compliant
single family residence. He also noted that the project would need to comply with
front and side yard setbacks and clarified 1728 does not need variances and only
requires a zone change.
Written communication received from Norma Andrews opposing proposed changes
to zoning for the two properties and Mr. Foulkes received a phone call from Ruby
Woo, Chairperson Artesia Pillar neighborhood, expressed concerns on the project
relating to density, street parking with a second dwelling unit on each property.
Public Hearing was opened.
Carlos Bustamante, Midoros LLC Development Manager, spoke in support of the
project providing history of projects they have done throughout the city, spoke on the
meetings he had with staff adding they are willing to cut off portions of existing home
and redesign garage and discussed setbacks.
Commission discussion ensued on the changing of zoning to R2, the reason for
opposition of project, the discretionary items for each property, park deficient zones,
density of the area and the second dwelling unit at 1732.
Commissioner Bauer noted concern is density and if applicant is agreeable with
removing second dwelling from 1732 he would be agreeable to amend the request
for recommendation of approval.
Public Hearing Closed.
Commissioner Yrarrazaval suggested to continue item and have applicant meet with
staff and make changes. Ms. Haluza noted if Commission would like to continue two
weeks for applicant's changes, make new findings, and draft the new
recommendations.
MOTION: Continue item to July 28, 2014 meeting to allow applicant time to
change plans for 1732 building to make it a single family unit and only require
variance for setbacks on the front and side yards and change zoning to
residential.
PLANNING COMMISSION MINUTES 5 JULY 14, 2014
MOTION: Yrarrazaval SECOND: Nalle
VOTE: AYES:
Alderete, Bacerra, Bauer, Mill, Nalle, Yrarrazaval (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Gartner (1)
STAFF AND COMMISSION COMMENTS
3. STAFF COMMENTS
Karen Haluza:
• Announced two Triada projects received the PCBC Annual Gold Nugget awards
which recognize those who improve our communities through exceptional
concepts in design, planning and development with Jim Gartner, architect of
record, for Best Renovated or Restored Project; and the Triada Village Project for
Best Affordable Project.
4. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Bacerra:
• Congratulated staff on award adding to keep up the good work.
Commissioner Yrarrazaval:
• Noted congratulations on the awards and noted appreciation to Mr. Foulkes
efforts on his project.
Commissioner Bauer:
• Noted concern on the memorandum for the By -Laws and making it retroactive
with ex post facto issues related to targeting certain acts that happened in the
past.
Chairman Alderete:
• Noted he was sad to hear Sergio Klotz resigned from the city.
5. EXCUSE OF ABSENCES - Motion by Commissioner Bacerra and seconded by
Commissioner Yrarrazaval to excuse the absence of Commissioner Gartner and
approved unanimously by a vote of 6:0.
ADJOURNED 7:57 P.M. - The next meeting of the Planning Commission is
scheduled for Monday, July 28, 2014 at 5:30 p.m. in the Council
Chamber, 22 Civic Center Plaza, Santa Ana, California.
Rosa Barela
Acting Recording Secretary
FUTURE AGENDA ITEMS
• Second Floor Addition for an Existing AT &T Telephone Switching Facility at 417 W. Warner Ave.
• BestWinesOnline ABC
• Adaptive Reuse Ordinance
PLANNING COMMISSION MINUTES 6 JULY 14, 2014