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Home My WebLink About05/27/2010MINUTES OF THE ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA MAY 27, 2010 PUBLIC HEARING CALLED TO ORDER CITY HALL -COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:40 P.M. ATTENDANCE COMMISSIONERS Present: FRANK ACOSTA ERIC ALDERETE JAMES GARTNER MARIO TURNER MICHAEL WALTERS COMMISSIONERS Absent: VICTORIA BETANCOURT PATRICK YRARRAZAVAL STAFF Present: CINDY NELSON, Deputy City Manager for Development Services JAY TREVINO, Executive Director, Planning & Building Agency JOSEPH FLETCHER, City Attorney RAUL GODINEZ, Executive Director, Public Works Agency MARGARET SOHAGI, Sohagi Law Group NICOLE GORDON, Sohagi Law Group KAREN HALUZA, Planning Manager KYLEE OTTO, Assistant City Attorney CESAR VARGAS, Spanish Translator DEANA A. MONTANO, Court Reporter MARTHA RAMIREZ, Recording Secretary WILLIAM HOOSE, PBS&J RONN KNOX, Katz Okitsu Associates PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE BUSINESS CALENDAR A. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Betancourt abstained from voting on the public hearing item due to owning property near the Transit Zoning Code area and was not present. Chairman Alderete introduced Court Reporter Deana Montano. PROCEDURAL RULES PUBLIC HEARING Planning Commission Minutes 1 May 27, 2010 1. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2006-02. GENERAL PLAN AMENDMENT NO. 2010-01, ZONING ORDINANCE AMENDMENT NO. 2010- . 01 AND AMENDMENT APPLICATION NO. 2005-09 (TRANSIT ZONING CODE) (Continued from the May 27, 2010 Planning Commission meeting by a vote of 5:1:1 (No Vote from Commissioner Yrarrazaval and Commissioner Betancourt abstained]). Filed by the City of Santa Ana for the Transit Zoning Code (Specific Development Nos. 84A and 84B) located in the central urban core of Santa Ana, west of Interstate 5, north of First Street, between Grand Avenue and Flower Street and south of Civic Center Drive and the Station District Development Project. PUBLISHED IN THE ORANGE COUNTY REGISTER May 15, 2010 PUBLISHED IN THE ORANGE COUNTY REPORTER: May 14, 2010 PUBLICLY NOTICED: May 13, 2010 RECOMMENDATION: Recommend that the City Council: Adopt a resolution certifying the Final Environmental Impact Report No. 2006- 02 prepared for the proposed Transit Zoning Code (SD 84A and 84B) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District (collectively, the Proposed Project); adopting the Mitigation Monitoring and Reporting Program, adopting the CEQA Facts, Findings and a Statement of Overriding Considerations; and approving the Proposed Project. 2. Adopt a resolution approving General Plan Amendment No. 2010-01. 3. Adopt an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2010-01). 4. Adopt an ordinance approving the creation of Specific Development No. 84, approving the rezoning of properties from various zones to Specific Development No. 84 repealing Specific Development No. 30, 37, 47 and 71, and amending the height exemption areas map (AA No. 2005-09). 5. Adopt a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. Planning Manager Haluza presented the staff report and recommendation. Ms Haluza introduced Cesar Vargas who was available to provide simultaneous Spanish translation during the public hearing. Written communications were received in support of the project from John Hsu, and Medardo Rivas, Secretary at Pentecostal Church of God. In opposition of the project was a letter from Eric P. Altman with the Orange County Communities Organized for Responsible Development (OCCORD). A request to postpone was received from Zeke Hernandez with the League of United Latin American Citizens (LULAC). The public hearing was opened. Public Comments: Ana Urzua with OCCORD/Sacred organizations voiced concern for need of a community benefits agreement for the displaced residents. Jeff Dickman, resident at 1218 North French Street and Friends of the Lacy Neighborhood representative, commented on Alternatives No. 4 and No. 5 and encouraged sending document back to staff to address preservation, rehabilitation Planning Commission Minutes 2 May 27, 2010 of houses, and suggested having community benefits agreement re-circulated to the community. He stated that the Environmental Impact Report claimed that most properties could have been listed as historic, but City did not pursue. He recommended a comprehensive plan to preserve properties be provided to inform the Lacy Neighborhood and Sacred organization. Joe Dixon with Santa Ana Unified School District, Assistant Superintendent, voiced support of the project. Suggested use of funds on Garfield School, such as to replace portables and two-story buildings for the school and add community center as a joint use agreement. Barry Cottle with C&C Development supported the project as a great improvement to the neighborhood. Vicky Baxter, Executive Director of Downtown, Inc., spoke on behalf of their Board of Directors in support of the project. Ben Grabiel requested the use of a Community Benefits Agreement. He commented on cost of land acquisitions, loss of rent and sales tax revenues for Agency properties, and the cost of acquiring additional properties. He requested that the City consider the use of Lot 1 for a park, with alternative site for housing at lesser cost. Chairman Alderete called a recess at 6:20 p.m. The public hearing was closed. Meeting reconvened at 6:40 p.m. Chairman Alderete offered the Spanish translator services from Cesar Vargas to the public members. He instructed the Commissioners and members of the public to speak clearly to assist the Court Reporter. Planning Manager Haluza provided background on the City's extensive efforts to encourage and incentivize historic preservation. She stated that to date, the City has assisted in the listing of over 500 properties to the Santa Ana Register of Historical Properties, established two National Register Historic Districts, been recognized as Preserve America city, approved as a Certified Local Government by the State Office of Historic Preservation, established a specific section of the Santa Ana Municipal Code (Chapter 30) to codify historic preservation standards, and administer a Mills Act Program that allows owners of listed historic properties to receive property tax reductions. William Hoose, with PBS & J, EIR Project Manager provided information regarding the analysis of impacts to historic resources contained in the EIR and the determination that, even with mitigation, the impacts would be significant and unavoidable. He explained that the Statement of Overriding Considerations details the project benefits that would balance any project impacts. City Engineer George Alvarez responded to MMRP 4.11-3. Deputy City Manager for Cindy Nelson provided information regarding the selection process for the developer, The Related Group. Commission discussion ensued regarding clarification of the by-right .provisions, requirement of a discretionary permit for over four-story proposals, public input embodied into the document, competitive funding with affordable housing for tax credits, and fees specific for park acquisition. Public Works Executive Director Raul Godinez commented on the transit go-local project. Planning Commission Minutes 3 May 27, 2010 MOTION: Recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2006-02 prepared for the proposed Transit Zoning Code (SD 84A and 846) and the proposed redevelopment of properties owned by the Santa Ana Redevelopment Agency in the Station District (collectively, the Proposed Project); adopting the Mitigation Monitoring and Reporting Program, adopting the CEQA Facts, Findings and a Statement of Overriding Considerations; and 1 approving the Proposed Project. 2. Adopt a resolution approving General Plan Amendment No. 2010-01. 3. Adopt an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2010-01). 4. Adopt an ordinance approving the creation of Specific Development No. 84, approving the rezoning of properties from various zones to Specific Development No. 84 repealing Specific Development No. 30, 37, 47 and 71, and amending the height exemption areas map (AA No. 2005-09). 5. Adopt a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street Network Concepts. MOTION: Gartner SECOND: Walters VOTE: AYES: Acosta, Alderete, Gartner, Turner, Walters (5) NOES: None (0) ABSTAIN: Betancourt (1) ABSENT: Yrarrazaval (1) 2. PUBLIC COMMENTS (for items not on the Minutes) No public members spoke. 3. STAFF COMMENTS Executive Director Trevino announced the public hearing item(s) going to City Council on June 7, 2010. 4. PLANNING COMMISSION MEMBER COMMENTS Commissioners praised the staff's effort with the comprehensive plan for the Transit Zoning Code. 5. EXCUSE OF ABSENCES Commissioner Betancourt was not present at the meeting due to abstention. The Commission excused the absence of Commissioner Yrarrazaval by a vote of 5:0. ADJOURNMENT 7:35 P.M. Mart a Ramirez, Rec ing S etary Planning Commission Minutes May 27, 2010