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HomeMy WebLinkAbout09-25-17 PC MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE SEPTEMBER 25, 2017 COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. COMMISSIONERS Present: MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice Chair PHIL BACERRA BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney IVAN OROZCO, Assistant Planner// ROSA BARELA, Acting Recording Secretary Vice Chairperson Contreras -Leo PUBLIC COMMENTS (on non -agenda items) Interim City Manager Cynthia Kurtz spoke on implementing a program on an annual basis having each Chairperson of a City Board or Commission attend a Council meeting and make a presentation to the Council on what the Commission is doing in order to keep Council apprised. Ms. Kurtz noted she looks forward to seeing them at the beginning of the October 17 Council meeting when the Planning Commission is scheduled to present. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A -B. MOTION: Bacerra SECOND: Verino VOTE: AYES: Bacerra, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 11, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse the absence of Commissioner Alderete. * * * END OF CONSENT CALENDAR * * * PLANNING COMMISSION MINUTES 1 SEPTEMBER 25, 2017 PUBLIC HEARINGS 1 2 BUSINESS CALENDAR ITEMS ZONING ORDINANCE AMENDMENT NO. 2017-03 (Applicant: Scott Hampton representing HSA, LLC) Legal notice published in the Orange County Reporter on September 15, 2017 and notices mailed on September 15, 2017. Assistant Planner Orozco provided a presentation which included a site description, site plan and photo, proposed sign elevations and project analysis. Discussion ensued on the height of the sign and deletion of the dealership branding standard. Jim Speck, owner of Volvo OC, and Rod Wilson, owner of sign builder VMI sign builder, spoke in support of the matter and answered questions. Chairman McLoughlin opened the public hearing. There were no additional speakers and the public hearing was closed MOTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-03. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Bacerra, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) APPEAL NO. 2017-02 OF MINOR EXCEPTION NO. 2017-01 (Apellant: Dr. William Gallivan Sr.) Zoning Administrator adopted a resolution approving Minor Exception No. 2017-01 on May 17, 2017. Legal notice published in the Orange County Reporter on September 15, 2017 and notices mailed on September 15, 2017. Chairperson McLoughlin disclosed the following: • Walked into the kitchen of a neighbor as Mike Ness was concluding his presentation of his plans for a wall. He was introduced as a neighbor and there was no further discussion and Mr. Ness departed. • Lived in Floral Park for 25 years. Has been President of the neighborhood association. • Sits on the Floral Park Neighborhood Committee for State and National Historic Designation and helped create an awareness regarding the Historic Registry and the benefits of being on the historic registry and possible opportunity to being granted a Mill Act Contract. • Served on the Historic Resources Commission prior to being appointed to the Planning Commission. • A number of individuals in the City contacted him regarding the project over the past months, listened to their concerns but did not offered any opinion or comment. PLANNING COMMISSION MINUTES 2 SEPTEMBER 25, 2017 • Sits on the Santa Ana Chamber of Commerce Board of Directors and the Santa Ana Chamber of Commerce Government Affairs Council. Bill Ihrke, Partner from Rutan & Tucker, sits on both and is also a neighbor in Floral Park. Acting Planning Manager Fregoso provided a presentation which included a history of the project, site location, site plan/photo, rendering, the action of the Zoning Administrator, and appeal action. Discussion ensued on previously submitted requests for fence exceptions. Nancy Gallivan, Apellant, spoke in support of the appeal noting they would like to leave the open feeling of Floral Park and not have future families live boxed in. Chairman McLoughlin opened the public hearing. The following spoke on the matter: • Mike Ness, applicant, spoke in opposition of the appeal; noted the restoration of the property, being exposed to the heavy traffic on 19th Street and the design of the wall. • Doug Smith spoke on behalf of Rick Kagasaw and in opposition of the appeal; noted it impacts Mr. Ness's fair use of his property. • Herbert Silva spoke in opposition of the appeal; noted he has seen the plans and is confident it will be a quality wall. • Ruben Raya spoke in opposition of the appeal; noted applicant is an asset to the neighborhood. • Rhonda Nalisnik spoke in opposition of the appeal; noted the wall is keeping the architectural integrity of the house and neighborhood, the height is in accordance with the size and design of the property, understands concern for privacy in high profile corner. • Maureen Bricken spoke in support of the appeal; believes wall would blight that portion of the neighborhood. • Ken Schmidt spoke in opposition of the appeal; noted quality of work done to the property and expects same for the wall. • Blair O'Callaghan spoke in opposition of the appeal; noted applicant came up with a compromise to allow everyone to enjoy view of home. • David Nisson spoke in opposition of the appeal; feels wall would be attractive and would be an enhancement to the neighborhood. • Karen O'Callaghan spoke in opposition of the appeal; has seen previous work applicant has done to homes, supports the wall for the grand scale type of home. • Joe Duffy spoke in opposition of the appeal; noted period correct wall enhances property and corner. • Ellen Koldeway spoke in support of the appeal; noted she questions the findings of the Zoning Administrator, who is a contract attorney, as it benefits one family and could harm others. • Alberta Christy spoke in support of the appeal; noted she was involved in the creation of the ordinance to regulate fences which included meetings with neighborhood associations and the Neighborhood Improvement/Code Enforcement Council Committee; essential for city to equally apply, not selectively; city will be impacted if ordinance not enforced. • Ed Murashi spoke in support of the appeal; noting the importance of historical homes and landmark designation; the wall would violate the Mills Act contract. • Laszlo Biro spoke in support of the appeal; provided handout on the review of the Zoning Administrator's report highlighting misinformation and inaccuracies. • Jeffrey Katz spoke in support of the appeal; noted the application fails to fulfill the legal criteria for awarding exception to the zoning ordinance. • Ed Tornell spoke in support of the appeal; noted the implications of granting the exception. • Angela Barnes spoke in support of the appeal; noted she had applied to install a wrought iron gate and request was denied due to Mills Act agreement; other neighbors who were also denied; allowing with Mills Act agreement will open the city to untold litigation. • Eugen Andres spoke in support of the appeal; noted the benefits of conserving resources and historic preservation in revitalizing and creating cultural tourism; wall is not consistent to the Mills Act and neighborhood. PLANNING COMMISSION MINUTES 3 SEPTEMBER 25, 2017 Richards Weie spoke in support of the appeal; provided handout of what the wall would look like; character of neighborhood will be lost and an aesthetic mistake. • Eric Stein spoke in support of the appeal; discussed the brand of the Floral Park Neighborhood Association of a bygone era and friendly neighbors. • Eamon Garces spoke in support of the appeal; the significant corner built by Allison Honer; the graffiti on the temporary green construction fence; neighborhood is welcoming and open. • Bobi Keenan spoke in support of the appeal; does not want a neighborhood of walls and will open up for others to apply. • Debbie McEwen spoke in support of the appeal; noted the review by the French Park Architectural Review Committee guided by the Secretary of Interior Standards for Historic properties; allow ordinance to work. • Michael Gallivan spoke in support of the appeal; findings of fact are not consistent; no plans for the wall; will set a precedence; enforce the code. • Gina Chiaramonte and Sharon Lindsay spoke in opposition of the appeal; are confident wall will bring up value of neighborhood and size is adequate for property. • Kevin Shuler spoke in support of the appeal; will open potential litigation against the city; will have negative impact to the Gallivan's and will change the desirability of neighborhood and property values. • Mark Austin, of Rutan & Tucker, legal counsel for applicant, spoke in opposition of the appeal; discussed the letter submitted with renderings of the wall that support the application; the law allows for exceptions and special circumstances for elements of variance. • Eric Scandrett spoke in support of the appeal; noted the City's Most Beautiful Yard contest is team building for neighborhoods. • Joni Barr Somogye spoke in opposition of the appeal; noted the design of wall researched by a renowned designer, will be an enhancement to the historic home, will not block the corner view of highly traveled street. • Leslie Kato spoke in support of the appeal; the appeal of the open neighborhood, proposes they put up a hedge. • Mr. Nobody spoke in opposition of the appeal; noted the home originally had a wall that matched the balustrade on the porch which was destroyed in the 1938 earthquake. • Catlin Meininger, designer for the property, spoke in opposition of the appeal; noted the design and setback of the wall. • Joe Dunn spoke in support of the appeal; suggested neighbors resolve issue as a community with professional guidance to mediate. Commissioner Mendoza inquired if the neighborhood association was contacted. Ed Murashie, President of the Floral Park Neighborhood Association, commented he and the board had not been notified or contacted. Discussion ensued on graffiti, the number of fence variances approved in the neighborhood, and current ordinance on fence heights. MOTION: Approve Appeal No. 2017-02 and deny Minor Exception No. 2017-01. MOTION: Nguyen SECOND: Verino VOTE: AYES: Bacerra, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) COMMENTS 3. STAFF COMMENTS - None PLANNING COMMISSION MINUTES 4 SEPTEMBER 25, 2017 4. PLANNING COMMISSION MEMBER COMMENTS Commissioner Mendoza • Noted she will be attending the Planning Officials Forum and inquired which Commissioners plan on attending. Chairman McLouglin and Vice Chair Contreras -Leo will also be attending. Commissioner Bacerra: • Inquired when the Work Study Session for the Accessory Dwelling Ordinance will come to the Commission. Mr. Fregoso noted it is scheduled for the October 9 meeting. Chairman McLoughlin: • Noted the Planning Commission is scheduled to make a presentation to the City Council at their October 17 meeting and asked Commissioners for input and to be a part of the presentation. Topics of discussion include the direction the city is going on regarding housing and land use issues, length of time for the Planning process and economic development impacts. Commissioner Nguyen will be out of the country for the meeting and requested to add the topic of the trend of less parking for affordable housing projects causing inconvenience for residents. ADJOURNED 8:06 P.M. - The next meeting of the Planning Commission is scheduled for Monday, October 9, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Rosa Barela Acting Recording Secretary PLANNING COMMISSION MINUTES 5 SEPTEMBER 25, 2017