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Home My WebLink About071315 PC MINUTESCALLED TO ORDER ATTENDANCE MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA JULY 135 2015 COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:31 P.M. COMMISSIONERS Present: JAMES R. GARTNER, Chairman SEAN H. MILL, Vice Chairman ERIC ALDERETE PHIL BACERRA BRUCE T. BAUER ALEXANDER NALLE (departed at 8:21 pm) LYNNETTE VERINO COMMISSIONERS Absent: None STAFF Present: VI NCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney KAREN GERARDO, Commission Secretary PLEDGE OF ALLEGIANCE Chairman Gartner A. PUBLIC COMMENTS (on non - agenda items) • Cheri Kerr discussed an issue related to lack of parking availability near her place of business and expressed how this is affecting the surrounding local businesses. CONSENT CALENDAR MOTION: Approve the Consent Calendar item per staff's recommendation. 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. MOTION: Nalle SECOND: Verino VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) B. MINUTES MOTION: Approve the minutes of the regular meeting of June 22, 2015. PLANNING COMMISSION MINUTES 1 JULY 13, 2015 * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS): • Commissioner Bacerra disclosed that he spoke with Patrick Murphy regarding item no. 6, with Pam Sapetto regarding agenda item no. 4 and 6 and phone conversation with Carl Overmyer regarding item no. 5. • Commissioner Bauer stated his children currently attend Mater Dei, but has not had any communication with anyone regarding agenda item no. 6. • Commissioner Nalle disclosed that he received a call from Tyler Maddox regarding agenda item no. 4 and did not speak with him, but did converse with his colleague Peter Cheng; also disclosed that his two children attended Mater Dei. • Commissioners Alderete disclosed that he received a telephone message from Pam Sapetto, but was unavailable to return the call. • Commissioner Verino disclosed that she also received a call from Pam Sapetto and did converse regarding agenda item no. 6. 1. APPOINTMENTS TO PLANNING COMMISSION SUBCOMMITTEES RECOMMENDED ACTION: Appoint two to three members to the: A) Design Review Board; B) General Plan and Zoning Ordinance Advisory Group MOTION: Appoint: A) Commissioners Bauer, Verino and Gartner to the Design Review Board; B) Commissioners Bacerra, Mill and Nalle to the General Plan and Zoning Ordinance Advisory Group. PUBLIC HEARINGS 2. VARIANCE NO. 2015 -05 (Applicant: Smart and Final) Legal notice published in the Orange County Reporter on June 30, 2015 and notices mailed July 1, 2015. A project overview was provided by Ricardo Soto, Assistant Planner I. Chairman Gartner opened the public hearing. The applicant spoke in support of the project. MOTION: Adopt a resolution approving Variance No. 2015 -05 as conditioned. MOTION: Mill SECOND: Bauer VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) PLANNING COMMISSION MINUTES 2 JULY 13, 2015 0 4. NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONDITIONAL USE PERMIT NO. 2015 -14 (Applicant: Verizon Wireless) Legal notice published in the Orange County Reporter on June 30, 2015 and notices mailed July 1, 2015. A project overview was provided by Melanie McCann, Associate Planner. Chairman Gartner opened the public hearing. There were no other speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2015 -14 as conditioned. MOTION: Bauer SECOND: Nalle VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7;) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SPECIAL USE PERMIT NO. 2015 -01 AND PARCEL MAP NO. 2015 -01 (Applicant: Peter Cheng) Legal notice published in the Orange County Reporter on June 30, 2015 and notices mailed July 1, 2015. A project overview was provided by Ann Ni, Associate Planner. Ms. Ni answered questions from the commission related to thel current minor exception related to parking reduction and water meter service. Nasser Rizk, Senior Engineer, answered questions related to the association's covenants, conditions and restrictions (CC &Rs) that are currently in place.. Chairman Gartner opened the public hearing. The applicant answered questions from the commission as to how the water service is subdivided between tenants. There were no other speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Tentative Parcel Map No. 2015 -01 (County Map No. 2014 -179) as conditioned. 2. Adopt a resolution approving Special Use Permit No. 2015 -01 as conditioned. MOTION: Nalle SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) PLANNING COMMISSION MINUTES 3 JULY 13, 2015 ABSTAIN: ABSENT: None (0) None (0) 5. TENTATIVE TRACT MAP NO. 2015 -02 (Applicant: Santa Ana 5, Inv., LLC) Legal notice published in the Orange County Reporter on June 30, 2015 and notices mailed July 1, 2015. A project overview was provided by Ann Ni, Associate Planner. Ms. Ni answered questions from the commission related to elevations, public /private space, inclusionary housing, and Sunshine Ordinance public meeting notice requirements. Chairman Gartner opened the public hearing. The applicant answered questions related to square footage of units and as to why the proposal did not include additional stories as allowed in the Harbor Mixed Use Transit Corridor Specific Plan and stated that the height level was chosen due to its location entering the corridor. There were no other speakers and the hearing was closed. MOTION: Adopt a resolution approving Tentative Tract Map No. 2015 -02 as conditioned. MOTION: Mill SECOND: Verino VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6. ENVIRONMENTAL IMPACT REPORT NO. 2013 -01 AND SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1999 -01 (Applicant: Mater Dei High School) Legal notice published in the Orange County Reporter on June 30, 2015 and notices mailed July 1, 2015. A project overview was provided by Vince Fregoso, Acting Planning Manager. Mr. Fregoso answered questions regarding the parking structure setbacks, the consideration of subterranean parking, traffic and parking impacts to the neighborhood. Chairman Gartner opened the public hearing. The applicant, Patrick Murphy, spoke in support of the project and explained the need for additional parking and expansion of the school site. Public comments were received as follows: • Azucena Simon spoke on behalf of a group of homeowners opposing the project and expressing frustration with Mater Dei's property acquisition team offering short sales for their properties and /or prices below fair market value, and of using scare tactics. • Angel Bravo stated opposition to the project and requested a meeting with Councilmember Michele Martinez as representative of his ward to make her aware of the homeowners' concerns. (Commissioner Verino stated that Council PLANNING COMMISSION MINUTES 4 JULY 13, 2015 7. member Martinez is interested in meeting with the residents and would have a meeting scheduled soon.) • Roberto Medina expressed concerns with Mater Dei's property acquisition manager, Chris Correa and stated that his family has been the subject of intimidation tactics. • Chris Correa explained the goals of the acquisition team and stated he has been working on acquisition with the last seven homeowners on an individual basis. • Delia Sanchez shared concerns regarding traffic circulation near her home and requested the vote to be delayed. • Jaime Nunez also shared concerns with traffic impacts and hopes the acquisition team offers the homeowners an equitable offer on their home. • Veronica shared concerns over future air pollution and how that would affect her health. • Mayra Brito requested that Mater Dei offer a fair deal for purchase of her family home. MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2013 -01 and approve the Mitigation Monitoring Program and Statement of Overriding Considerations, with the amendment to Noise Mitigation Measure N -1 to increase the construction schedule noticing from 15 days to 30 days, and extending the notification area from a 500 -foot to .3 1,000 -foot radius. 2. Adopt an ordinance approving the Amendment to Development Agreement No. 1999 -01 (DA No. 2015 -02) for the Mater Dei High Schoch campus expansion project. MOTION: Mill SECOND: Bacerra VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7;) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * END OF BUSINESS CALENDAR * * * EXCUSED ABSENCES 8. STAFF COMMENTS ABSENCES (None) COMMENTS Vince Fregoso • Stated that there would be a special Planning Commission meeting on July 20 to discuss the Housing Opportunity Ordinance and Adaptive Reuse Ordinance. • Informed Commission that the July 27 meeting will be cancelled. PLANNING COMMISSION MINUTES 5 JULY 13, 2015 Ali Pezeshkpour • Shared that the City won an award from the Orange County Chapter of the American Planning Association for the Harbor Plan and was recently informed that the City will also be receiving a state award in October. 9. PLANNING COMMISSION MEMBER COMMENTS Commissioner Alderete • Shared that he has utilized his planning degree and commission experience in litigation cases in Pennsylvania and New Jersey and appreciates the work involved by staff. Commissioner Verino • Appreciated the opportunity to hear residents' concerns and hoped that tonight's meeting provided some clarification. Commissioner Mill • Stated disappointment with graffiti at the Sexlinger property. Commissioner Bauer • Congratulated Commissioner Mill on his recent nuptials. • Disclosed that he will regretfully have to resign from the Historic Resources Commission. • Stated issues with homeowners renting out rooms on a nightly basis, similar to a hotel. Chairman Gartner • Mentioned that his son recently received a scholarship for jet training. • Had the privilege of attending Commissioner Mill's wedding. ADJOURNED 8:25 P.M. - The next meeting of the Planning Commission is scheduled for Monday, July 20, 2015 at 5:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Karen Gerardo Commission Secretary PLANNING COMMISSION MINUTES 6 JULY 13, 2015