HomeMy WebLinkAbout01-22-18 PC MINUTES1
ACTION MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
JANUARY 22, 2018
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:36 P.M.
ATTENDANCE COMMISSIONERS Present:
ERIC ALDERETE
PHIL BACERRA (arrived at 5:42 p.m.
MARK MCLOUGHLIN, Chair
CYNTHIA CONTRERAS-LEO, Vice-Chair
BEATRIZ MENDOZA
LYNNETTE VERINO
COMMISSIONERS Absent:
KENNETH NGUYEN
STAFF Present:
VINCE FREGOSO, Acting Planning Manager
LISA STORCK, Assistant City Attorney
TAIG HIGGINS, Principal Civil Engineer
ALI PEZESHKPOUR, Senior Planner
SELENA KELAHER, Associate Planner
ESCARLET MAR, Planning Technician
SARAH BERNAL, Recording Secretary
PLEDGE OF ALLEGIANCE Chair McLoughlin
PUBLIC COMMENTS (on non-agenda items)
The following public comments were received regarding the Mental Health Association (MHA)
located at 2416 South Main Street: Lisa Tran, Ken Ashton, Irma Jauregui (also submitted a
letter for Commission review), and Thomas Anthony Gordon, voiced concern over the negative
impact homeless individuals that receive services from MHA have had on the surrounding area;
especially concerned with the negative impacts on the nearby schools and businesses; inquired
about MHA’s Conditional Use Permit and requested a review of the Conditions of Approval.
Richard Garcia added that he is part of the Santa Ana Neighborhood Business Alliance and
works with businesses regarding homeless issues; has spoken with MHA regarding the concerns
that have been raised.
Dale Helvig spoke about the 2525 N. Main Street project; expressed frustration with the
developer as he has not received requested information.
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CONSENT CALENDAR
MOTION: Approve staff recommendation on Consent Calendar Items A-B.
MOTION: Alderete SECOND: Contreras-Leo
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 11, 2017
MOTION: Approve Minutes.
B. EXCUSED ABSENCES
MOTION: Excuse the absence of commission members: Nguyen.
* * * END OF CONSENT CALENDAR * **
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
1. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL REVIEW NO. 2017-96,
AMENDMENT APPLICATION NO. 2017-02, CONDITIONAL USE PERMIT NO. 2017-29,
AND VARIANCE NO. 2017-07 TO ALLOW A NEW HOTEL (HAMPTON INN) WITH
DEVIATIONS FROM OFF-STREET PARKING, SETBACK, WALL HEIGHT, AND SIGNS
LOCATED AT 2129 NORTH MAIN STREET – NET DEVELOPMENT COMPANY,
APPLICANT
Matter continued from the December 11, 2017 meeting by a vote of 7-0.
Legal notice published in the Orange County Register on December 1, 2017 and notices
mailed on November 30, 2017.
Commissioner Disclosure: Commissioner Bacerra, Vice-Chair Contreras-Leo, and Chair
McLoughlin disclosed that they each spoke with the applicant regarding the project.
Case Planner Kelaher provided a presentation which included project background, project
description and analysis of issues; an update on the impacts of the removal of the public
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parking lot, circulation, and security was also provided. Discussion ensued regard ing
parking requirements and restriping on Buffalo Avenue.
Chairman McLoughlin opened the Public Hearing. The following spoke on the matter:
Tanja Olano, representing Hollybrook Senior Living, spoke in opposition; project will have
a negative impact on surrounding neighborhood and business; requested a continuance
for the purpose of conducting a parking impact study.
Mike Fowler, representing Orange County Telescope, spoke in opposition; utilizes the
public parking lot and is concerned with the lack of parking; questioned the safety of the
150 foot setback from the street to the entrance of the hotel.
Jessica Torres, representative of Hollybrook Senior Living, spoke in opposition; reduced
parking will negatively impact senior residents.
Randy Brownfield Jr., representing Hollybrook Senior Living, spoke in opposition; loss of
public parking lot will have a negative impact on senior residents; concerned with traffic
congestion near project site.
Raymond Telles spoke in support; the parking lot is in poor condition; the project will help
to improve the area.
Bob Lockhead, representative of Hollybrook Senior Living, spoke in opposition; loss of
public parking lot will have a negative impact on senior residents; requested a continuance
for the purpose of conducting a parking impact study.
Allen Vandevort, business owner, spoke in opposition; loss of public parking lot will
negatively affect his business; concerned with traffic congestion and traffic safety around
project site.
Alex Tribizi, representing TLK Engineering, spoke in support; he prepared the traffic study
for the project; both Cal Trans and the City have reviewed and approved the study.
Tommy Mungia spoke in support; parking lot is in poor condition and is a place where
loitering and illegal activity occurs; the project will help to improve the area.
Max Rollens, representing Alston & Bird Law Firm, s poke in opposition; concerned with
loss of public parking and traffic congestion; project will negatively impact que ue lanes;
requested a continuance for the purpose of conducting a parking impact study.
Gene Andres, business owner, spoke in support; shor tage of parking will always be an
issue throughout the city; a hotel is needed in the area; would like the hotel design to be
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reflective of the Bowers Museum; historic structures on the project site should be
demolished.
PJ Jahaniri, owner of the historic buildings on the project site, spoke in support; parking lot
is in poor condition; hotel will have a positive impact on the surrounding area; should focus
on the benefits the hotel will bring to the city rather than the loss of free parking for
businesses.
William Diaz spoke in opposition; reviewed crime statistics in parking lots and hotels; the
hotel is not compatible with the Master Plan as it prevents the expansion of an arterial
highway.
Jess Evans spoke in opposition; concerned with exposure to fumes and dust from
construction activities.
Dave Elliot, representing Santa Ana Chamber of Commerce, spoke in support; hotel will
increase City revenue and create jobs, and improve the city’s image.
Michael Goolsby, representing Better Neighborhoods, spoke in opposition; the requested
variances are not justified.
Bill Ihrke, representing Santa Ana Chamber of Commerce, spoke in support; hotel tax
revenue will benefit the city; hotel is needed in the area and it will improve the South Main
Street Corridor; Hampton Inn will bring quality and value.
Carlos Castaneda, owner of adjacent property, spoke in support; would like design to be
reflective of the Bower’s Museum; concerned that the alleyway behind his property will be
one-way-only making it difficult to exit.
Richard Boatright, owner of adjacent property, spoke in support; concerned that the
alleyway behind his property will be closed off and not receive much police presence.
Gilad Salmon, Environmental & Transportation Advisory Committee (E TAC)
Commissioner, spoke in support; ETAC has already reviewed ways to increase safety
near Main and Buffalo; the way to increase safety is to add bike lanes.
Kevin Coleman, applicant, spoke in support; indicated that the alleyway referred to in
previous public comments would not be closed off; the gate at the end of the all eyway will
be kept open to allow vehicles to exit on both ends.
There were no other speakers and the hearing was closed.
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Commission discussion ensued regarding the traffic impact study, reduced parking for
surrounding businesses, parking standards, and the purchase and sale agreement for the
property. It was generally agreed that hotel development is needed in the city and that the
loss of parking for surrounding businesses is a c oncern. Those in favor of the matter as
recommended by staff asserted that lack of parking will be an on-going issue throughout
the city and the responsibility of providing public parking should not be placed on the
developer. Those in opposition of the matter asserted that the variances requested by the
developer are neither justified nor ne cessary to complete the project and therefore cannot
be supported as recommended by staff.
The following actions were taken. Note: Items were not voted on in the order as presented
in the staff report dated January 22, 2018.
MOTION: Recommend that the City Council adopt an ordinance approving
Amendment Application No. 2017-02.
MOTION: Bacerra SECOND: Contreras-Leo
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
MOTION: Adopt a resolution approving Conditional Use Permit No. 2017 -29 as
conditioned.
MOTION: Bacerra SECOND: Mendoza
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
MOTION: Adopt a resolution approving Variance No. 2017 -07 (b) as conditioned
to allow a reduction in front yard setbacks.
MOTION: Contreras-
Leo
SECOND: Verino
VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Verino (5)
NOES: Bacerra (1)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
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MOTION: Adopt a resolution approving Variance No. 2017-07 (c) as conditioned
to allow an increase in wall heights along Main Street.
MOTION: Contreras-
Leo
SECOND: Alderete
VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Verino (5)
NOES: Bacerra (1)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
MOTION: Adopt a resolution approving Variance No. 2017-07 (d) as conditioned
to allow an increase in the number of major building identification signs.
Chair McLoughlin commented that he would like the Commission to consider the impacts
of the light that is projected from the signs onto the surrounding neighborhood.
MOTION: Contreras-
Leo
SECOND: Mendoza
VOTE: AYES: Contrereas-Leo, Mendoza (2)
NOES: Alderete, Bacerra, McLoughlin, Verino (4)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
* The motion was denied by a vote of 4:2
MOTION: Recommend that City Council adopt an Ordinance approving Mitigated
Negative Declaration, Environmental Review No. 2017-96.
MOTION: Contreras-
Leo
SECOND: McLoughlin
VOTE: AYES: Contrereas-Leo, McLoughlin (2)
NOES: Alderete, Bacerra, Mendoza, Verino (4)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
*The motion was denied by a vote of 4:2
Staff informed Commission that per CEQA it cannot take action or make a
recommendation to City Council without an approved Mitigated Negative
Declaration/Environmental Review; if the Mitigated Negative Declaration/Environmental
Review is denied then all previously approved items must also be denied. Staff advised
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that if it is desired to move forward with the actions that were previously taken, a finding
must be made that the Commission has considered the Mitigated Negative
Declaration/Environmental Review, and all actions taken by Commission would move
forward as recommendations to City Council for final approval. After discussion and
deliberation the following action was taken.
MOTION: Recommend that the City Council adopt an ordinance approving
Mitigated Negative Declaration, Environmental Review No. 2017-96 with a finding
that the Planning Commission has considered the document but does not
recommend approval.
MOTION: Verino SECOND: Alderete
VOTE: AYES: Verino, Contreras-Leo, McLoughlin (3)
NOES: Bacerra, Alderte, Mendoza (3)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
*Impasse was declared by a vote of 3:3.
Staff requested that Commission move to rescind actions previously taken.
MOTION: Rescind the actions taken on items no. 2- 7 as listed in the staff report
dated January 22, 2018 (with the exception of item no. 4 as it was never voted
upon).
MOTION: Bacerrea SECOND: Alderete
VOTE: AYES: Alderete, Bacerra, Verino (3)
NOES: Contreras-Leo, McLoughlin Mendoza (3)
ABSTAIN: None (0)
ABSENT: Nguyen (1)
*Impasse was declared by a vote of 3:3.
Staff advised that in the event of an impasse, the applicant has the option of continuing the
item to a later date for consideration by the Commission or denial without prejudice in
which case the applicant may appeal to the City Council. The applicant chose to appeal
the matter to City Council.
2. TENTATIVE TRACT MAP NO. 2017-03 AND VARIANCE NO. 2017-09 TO ALLOW A
SUBDIVISION FOR SINGLE-FAMILY STRUCTURES WITH REDUCTION IN REQUIRED
OFF-STREET PARKING LOCATED AT 1008 EAST FOURTH STREET – BRIAN
HENDRICKS, APPLICANT
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Legal notice published in the Orange County Reporter on January 12, 2018 and notices
mailed on January 11, 2018.
Chair McLoughlin recused himself from discussion and consideration of the matter due to
a potential conflict of interest; indicated that he is the President of a non-profit organization
that has previously worked with Tom’s Trucks.
Acting Planning Manager Fregoso provided a presentation which included a project
description, project background and project analysis. Commission discussion ensued
regarding parking standards, zoning code, on-street parking demand, current use of
surrounding buildings, and permit-parking districts. The applicant spoke in support of the
project.
Vice-Chair Contreras-Leo opened the Public Hearing. The following spoke on the matter:
Dan Domonoske, spoke in opposition; developer should meet the parking requirements.
Gilad Salmon, Environmental & Transportation Advisory Committee (ETAC)
Commissioner, spoke in support; Climate Action Plan has been passed which calls for
reducing parking near retail and employment sites; housing crisis should be considered as
each space used for parking takes away from space that can be used for housing.
Lisandro Orozco spoke in support; project site is located in a transit-rich area of the city;
traffic congestion and speeds; however, may increase.
There were no other speakers and the hearing was closed.
Commission discussed the need to either abide by current parking standards or update
the code to reflect new parking standards. The Commission generally agreed that permit-
parking district should be considered and traffic calming measures should be installed.
MOTION
1. Adopt a resolution approving Tentative Tract Map No. 2017-03 as conditioned.
2. Adopt a resolution approving Variance No. 2017-09 as conditioned.
With the following added conditions:
1. Explore the feasibility of creating a permit parking district for the public
streets adjacent to the project site
2. Consider installing speed bumps of similar traffic calming measures on
Standard Avenue.
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MOTION: Bacerra SECOND: Verino
VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (5)
NOES: Alderete (1)
ABSTAINED: None (0)
ABSENT: Nguyen (1)
3. CONDITIONAL USE PERMIT NO. 2017-36 TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISE CONSUMPTION AT AN EXISTING EATING
ESTABLISHMENT (EL RINCON MEXICANO) LOCATED AT 104 EAST FOURTH
STREET
Legal notice published in the Orange County Reporter on January 12, 2018 and notices
mailed on January 11, 2018.
Case Planner Mar provided a presentation which included a project description, project
background, and project analysis. Commission discussion ensued reg arding the hours of
operation and history of property ownership. The applicant spoke in support of the matter.
Chair McLoughlin opened the Public Haring. There were no speakers and the hearing was
closed.
MOTION: Adopt a resolution approving Conditional Use Permit No. 2017-36.
MOTION: Alderete SECOND: Bacerra
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAINED: None (0)
ABSENT: Nguyen (1)
4. ZONING ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO ALLOW CHURCHES AS A CONDITIONALLY
PERMITTED USE IN THE PROFESSIONAL AND SOUTH MAIN COMMERCIAL ZONING
DISTRICTS
Legal notice published in the Orange County Register on January 12, 2018 and notices
mailed on January 11, 2018.
Case Planner Ni provided a presentation which included a project analysis and explained
that the proposed amendments will update and bring the City’s zoning code into
compliance with federal law.
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Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing
was closed.
MOTION: Recommend that the City Council adopt an ordinance approving
Zoning Ordinance Amendment No. 2018-01.
MOTION: Alderete SECOND: Verino
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAINED: None (0)
ABSENT: Nguyen (1)
5. VARIANCE NOS. 2018-01 AND 2018-02 TO ALLOW FOR OFF-SITE PARKING,
REDUCED OFF-STREET PARKING AND REDUCED OPEN SPACE TO CONVERT THE
SECOND FLOOR OF THE EXISTING BUILDING TO 24 MULTI-FAMILY DWELLINGS AT
201 EAST FOURTH STREET
Chair McLoughlin and Commissioner Bacerra disclosed that they discussed the project
with the applicant. Commissioner McLoughlin recused himself from discu ssion and
consideration due to a potential conflict of interest; indicated the applicant’s family has
contributed financially to the Board he sits on.
Legal notice published in the Orange County Register on January 12, 2018 and notices
mailed on January 11, 2018.
Case Planner Kelaher provided a presentation which included a project description,
project background, and project analysis. Commission discussion ensued regarding
parking demand, potential parking agreement, unit size and number of people allowed per
unit, property management, and community room uses. The applicant spoke in support of
the project.
Vice-Chair Contreras-Leo opened the Public Hearing. The following spoke on the matter:
Gilad Salmon, Environmental & Transportation Advisory Committee (ETAC)
Commissioner, spoke in support; many alternative transportation options available to
residents.
Concepcion Rodriguez, representing the Theo Lacey Neighborhood Association, spoke in
opposition; there is a need for low-income housing.
Lisandro Orozco, spoke in support; number of parking spaces proposed is adequate as
there are alternative transportation options nearby.
There were no other speakers and the hearing was closed.
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MOTIONS:
1. Adopt a resolution approving Variance No. 2018-01 (a) as conditioned to allow
off-site parking.
2. Adopt a resolution approving Variance No. 2018-01 (b) as conditioned to allow a
reduction in required off-street parking.
3. Adopt a resolution approving Variance No. 2018-02 as conditioned to allow a
reduction in required open space.
MOTION: Bacerra SECOND: Alderete
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAINED: None (0)
ABSENT: Nguyen (1)
***END OF BUSINESS CALENDAR***
WORK STUDY CALENDAR ITEMS
6. METRO EAST MIXED USE OVERLAY ZONE BOUNDARY EXTENSION AND
WERMERS PROPERTIES “ELAN” PROJECT
Senior Planner Pezeshkpour provided a presentation on the Metro East Overlay Zone
Boundary Extension. The presentation included a description of the proposed boundary
extension, an overview of the MEMU overlay zone, description of proposed modifications,
and pipeline projects.
Branden Wermers, representing Wermers Properties, provided a presentation on the Elan
Project which included a detailed description of the project.
COMMENTS
7. STAFF COMMENTS- None.
8. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Bacerra:
Requested an update on the California Lodge Suites.
o Staff reported that the Police Department and Code Enforcement are working
with the property owners.
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Would like to receive an update on the Mental Health Association concerns that were
voiced during tonight’s public comments.
Commissioner Contreras- Leo
Wished everyone a Happy New Year.
Commissioner Mendoza
Inquired about the Housing 101 Work Study Session.
o Staff reported that the information session will be held at an upcoming meeting
Chair McLoughlin
Directed commissioners to e-mail questions regarding agenda items to staff before
10:00 a.m. on the day of Planning Commission meetings; staff will review and respond.
Requested Work Study Sessions on major projects.
In regards to agenda item no. 1, explained that commissioners rely on staff for
guidance on how items are voted upon; hopes staff can clarify the process to avoid
confusion in the future.
ADJOURNED 9:23 P.M. - The next meeting of the Planning Commission is scheduled for
Monday, February 12, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Sarah Bernal
Recording Secretary