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HomeMy WebLinkAbout111416 PC MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 14, 2016 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: LYNNETTE VERINO, Chair BRUCE T. BAUER, Vice Chairman ERIC ALDERETE PHIL BACERRA JAMES R. GARTNER MARK McLOUGHLIN BEATRIZ MENDOZA (6:20 p.m.) COMMISSIONERS Absent: None STAFF Present: CAN DIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney ROSA BARELA, Acting Recording Secretary PLEDGE OF ALLEGIANCE Chairperson Verino A. PUBLIC COMMENTS (on non -agenda items) - No public comments CONSENT CALENDAR MOTION: Approve the Consent Calendar item per staff's recommendation. MOTION: Alderete SECOND: Bauer VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verin© (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza (1) B. MINUTES MOTION: Approve the minutes of the regular meeting of October 24, 2016. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDI,ZED PROJECTS): Commissioner Bauer disclosed communication with Ana Urzua and Pamela Sapetto, and Commissioner Alderete disclosed communication with Ana Urzua and Ryan Ogulnick on Agenda Item No. 2. PLANNING COMMISSION MINUTES 1 NOVEMBER 14, 2016 PUBLIC HEARINGS AGENDA ITEM TAKEN OUT OF ORDER 3. 1 CONDITIONAL USE PERMIT NO. 2016-38 (Applicant: Doug Couper, Aldi Market — 2840 South Bristol Street) Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. A project overview was provided by Ivan Orozco, Assistant Planner II. Chairperson Verino opened the public hearing. Written communication received from anonymous resident in opposition of the project. There were no speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2016-38. MOTION: Bacerra SECOND: Bauer VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza (1) ZONING ORDINANCE AMENDMENT NO. 2016-05 (Applicant City of Santa Ana — Amend Sections of Chapter 41, Second Dwelling Units) Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. Candida Neal, Planning Manager, requested that the item be continued to a date uncertain in order to research items that were brought up at a community group meeting. Vice Chair Bauer suggested hearing comments from the public in attendance. Ms. Neal noted public hearing can be opened and closed for public testimony and staff will re -notice for a new hearing in the future. Chairperson Verino opened the public hearing. The following speakers spoke on the proposed amendment: • Cesar Covarrubias, representing The Kennedy Commission, noted to consider discussion on the state law requiring compliance and to consider restricting the use of short-term rentals. • Ryan Smolar, representing Downtown Inc., spoke in support. • Ginelle Hardy, representing Heninger Park Neighborhood Association, spoke in opposition. • Mike Tardif spoke in opposition of staff recommended changes to the proposed amendment. • Chris Schmidt, representing Windsor Village Neighborhood Association, spoke in opposition, on the park deficient areas and opting -out language of neighborhood associations is included. PLANNING COMMISSION MINUTES 2 NOVEMBER 14, 2016 • Irma Macias spoke in opposition. • Debbie McEwen spoke in opposition. • Javier Garcia, representing Washington Square Neighborhood Association, spoke in opposition. • Irma Jauregui, representing Wilshire Square Neighborhood Association, spoke in opposition. Written communication received from M. Esther Fonseca and Tim Rush in opposition of the proposed amendment. There were no more speakers and the hearing was closed. Commissioners requested when item returns to include the number of illegal granny flats, park deficient map and discussion/investigate on option for neighborhoods to opt -out and petition for possible exemption that the city can apply for. Ms. Neal noted there is no opt -out provision in the State mandate. MOTION: Continue the matter to a date uncertain. MOTION: McLoughlin SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza (1) 2. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2015-03 (Applicant: Pamela Sapetto, Heritage Village OC LLC/Alliance Residential — 2001 East Dyer Road) Commissioner Mendoza arrived at 6:20 p.m. Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. A project overview was provided by Vince Fregoso, Principal Planner. Chairperson Verino opened the public hearing. The following speakers spoke on the proposed amendment: • Pamela Sapetto, representing Alliance Residential, noted key points on fees per phases and spoke in support. • William Devine, representing Allen Matkins on behalf of applicant, noted the proposal will not change the affordable housing fee amount and spoke in support • Drew Colquitt, representing Alliance Residential, spoke in support • Gustavo De Haro, representing AMCAL Multi -Housing spoke in opposition • Lynnette Guzman, representing Santa Ana Building Healthy Communities spoke in opposition • Ana Urzua spoke in opposition • Cesar Covarrubias, representing The Kennedy Commission spoke in opposition • Gil Salmon spoke in opposition • Ryan Smolar, resident and representing Downtown Inc. spoke in favor • Yvonne Flores spoke in opposition PLANNING COMMISSION MINUTES 3 NOVEMBER 14, 2016 • Araceli Robles spoke in opposition • Hugo Munoz, representing SACRED spoke in opposition • Juan Carlos spoke in opposition • Isabelle Lopez spoke in opposition There were no additional speakers and the hearing was closed. Written communication received from Steven LaMotte from the Building Industry Association of Southern California/Orange County Chapter in support of proposed amendment; and Gustavo De Haro from AMCAL Multi -Housing & Cesar Covarrubias from The Kennedy Commission in opposition of the proposed amendment. Commissioner Bacerra commented he does not feel the Planning Commission should be weighing in on fees and should be decided by the City Council. Motion by Commissioner Bacerra to make no recommendation to the City Council regarding the first amendment to Development Agreement No. 2015- 03. Motion died to the lack of a second. Commission discussion ensued on the phasing payments of the in -lieu fee, the timeline of the construction of the AMCAL project, the use of city housing funds to bridge the in -lieu fees for the AMCAL project. SUBSTITUTE MOTION: Recommend that the City Council deny the first amendment to Development Agreement No. 2015-03 for The Heritage Village Development project. MOTION: Alderete SECOND: Verino VOTE: AYES: Alderete, Bauer, McLoughlin, Mendoza, Verino (5) NOES: Gartner (1) ABSTAIN: Bacerra (1)* ABSENT: None (0) "Commissioner Bacerra abstained noting he does not believe the Commission should be voting on the fees. 4. CONDITIONAL USE PERMIT NO. 2016-39 (Applicant: Alicia Maldonado, Pizza Hut— 3317 South Bristol Street) Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. Candida Neal requested item be continued at the request of the applicant to the next meeting. MOTION: Continue the matter to November 28, 2016. PLANNING COMMISSION MINUTES 4 NOVEMBER 14, MOTION: Bacerra SECOND: McLoughlin VOTE: AYES: Alderete Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 5. AMENDMENT APPLICATION NO. 2016-04 (Applicant: City of Santa Ana — Remove & replace existing Zoning Sectional District Maps) Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. A project overview was provided by Melanie McCann, Senior Planner. Chairperson Verino opened the public hearing. There were no speakers and the hearing was closed. MOTION: Recommend that the City Council adopt an ordinance approving Amendment Application No. 2016-04. MOTION: Bacerra SECOND: McLoughlin VOTE: AYES: Alderete Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6. ZONING ORDINANCE AMENDMENT NO. 2016-04 (Applicant City of Santa Ana — Amend Section 41-626 relating to Installation and replacement of electrical services to properties) Legal notice published in the Orange County Register on November 4, 2016 and notices mailed November 3, 2016. A project overview was provided by Ivan Orozco, Assistant Planner II. Chairperson Verino opened the public hearing. There were no speakers and the hearing was closed. MOTION: Recommend that the City Council adopt an ordinance approving Amendment Application No. 2016-04. MOTION: Bauer SECOND: Alderete VOTE: AYES: Alderete Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PLANNING COMMISSION MINUTES 5 NOVEMBER 14. 2016 ABSENCES 7. EXCUSED ABSENCES - None COMMENTS 8. PLANNING MANAGER UPDATES Candida Neal Code Enforcement & Revocation Procedures — Requested that the item be continued and will schedule to a date where agenda is lighter. 9. PLANNING COMMISSION MEMBER COMMENTS Commissioner Bacerra • Requested that the General Plan Update be a standing item on the agenda. Commissioner Gartner • Wished everyone a Happy Thanksgiving. Chairperson Verino Wished everyone a Happy Thanksgiving. ADJOURNED 7:54 P.M. - The next meeting of the Planning Commission is scheduled for Monday, November 28, 2016, 2016 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Rosa Barela Acting Recording Secretary PLANNING COMMISSION MINUTES 6 NOVEMBER 14, 2016