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Home My WebLink About06/14/2010MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 14, 2010 AFTERNOON SESSION CALLED TO ORDER CITY HALL -ROSS ANNEX FIRST FLOOR CONFERENCE ROOM 1600 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:15 P.M. ATTENDANCE COMMISSIONERS Present: FRANK ACOSTA ERIC ALDERETE VICTORIA BETANCOURT JAMES GARTNER MARIO TURNER MICHAEL WALTERS PATRICK YRARRAZAVAL STAFF Present: JAY TREVINO, Ex Dir Pfng & Bldg Agency JOSEPH FLETCHER, City Attorney KAREN HALUZA, Planning Manager MARTHA RAMIREZ, Recording Secretary CONSENT CALENDAR ITEMS MOTION: Approve minutes. MOTION: Acosta SECOND: Walters VOTE: AYES: Acosta, Alderete, Gartner, Turner, Waiters (5) NOES: None (0) ABSTAIN: Betancourt, Yrarrazaval (2) ABSENT: None (0) A. MINUTES RECOMMENDED ACTION: Approve the minutes of the regular meeting of May 24, 2010 and approve the minutes of the adjourned meeting of May 27, 2010. Commissioners Betancourt and Yrarrazaval abstained due to having being absent at one or both meetings. * * END OF CONSENT CALENDAR BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Vice Chairman James Gartner met with Michael Harrah regarding public hearing item 1 -Amendments to Development Agreement No. 2004-01. Planning Commission Minutes Page 1 of 5 June 14, 2010 WORK STUDY SESSION C. DISCUSSION OF MODIFICATIONS TO THE MONTAGE MID-RISE RESIDENTIAL PROJECT LOCATED AT THE SOUTHEAST CORNER OF MAIN AND MACARTHUR Principal Planner Vince Fregoso provided background and a status update on the portion of the larger MacArthur Place South project, formerly under development by Integral. This project, located at the southwest corner of Main Street and MacArthur, is now being developed by Lyon Capital Ventures. Mr. Fregoso introduced the representatives for the project: Peter Zak, Vice President of Development, Bill McKibbin, Chairman and CEO, and Christopher W. Coe with Coe International Architects. Mr. Zak and Mr. Coe discussed the proposed redesign of the previously approved project. As Mr. Coe explained, primary among the design changes proposed would be improved connectivity to the street and the larger MacArthur Place project, as well as the redesign of the project from apodium-style product to a "wrap" design. Mr. Coe provided information on other details of the plan, such as the quality, size and location of open space; reduced travel distances from parking space to unit; more units facing streets rather than tight interior courts; lower building heights, building massing more responsive to urban context, at-grade urban connectivity; amenities and quality of design and compatibility. Planning Manager Haluza indicated that, in order to provide more time for discussion, afollow-up study session would be scheduled in the near future. D. Recess to Council Chamber (6:15 p.m.) 1 J Planning Commission Minutes Page 2 of 5 June 14, 2010 Public Hearing Session Council Chamber 22 Civic Center Plaza 1 CALL TO ORDER 6:21 P.M. The same staff reconvened with the exception of Chairman Alderete and Commissioner Betancourt who abstained due to potential conflicts of interest on the public hearing item and left the dais. PROCEDURAL RULES PUBLIC HEARING 1. AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-01 Filed by One Broadway Plaza LLC, to modify certain provisions of the development agreement to delete the 50 percent pre-leasing requirement; to allow the applicant to request assistance from the Redevelopment Agency; adjust the timing of the funding for the neighborhood traffic studies; allow additional time to refill any excavated area; and to delete the minimum of 51 percent ownership interest provision for the One Broadway Plaza (OBP) office tower at 1109 North Broadway. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 4, 2010 PUBLICLY NOTICED: June 4, 2010 1 RECOMMENDATION: Recommend that the City Council adopt an ordinance approving certain amendments to Development Agreement No. 2004-01. Principal Planner Vince Fregoso presented the staff report and recommendation. Commissioner Acosta inquired about the need to move forward with the application at this time and under the proposed time schedule. Executive Director Trevino stated the applicant must obtain building permits no later than September 30, 2010 in order to be able to use the current plans, after that the developer would be required to redesign the building to meet the new requirements of the building code. He further stated that a postponement could affect the developer's ability to obtain financing and finalize other business agreements. Commissioner Yrarrazaval asked why the Orange County Educational Arts Academy was not included in the list of notified property owners. Mr. Fregoso stated that at the time of the original draft, the Academy did not exist, but that they will be added to the notification list. 1 The public hearing was opened. Public comments: Darren Shippen, French Park resident, spoke in support of proposed Development Agreement amendments. Nathan Hittle, Morrison Park resident, spoke in support of proposed Development Agreement amendments. Dave Hoen spoke in support of proposed Development Agreement amendments. Planning Commission Minutes Page 3 of 5 June 14, 2010 Archer Altstaetter, OC Pavilion employee, spoke in support of proposed Development Agreement amendments. Gil Marrero, Floral Park resident and businessman, spoke in support of proposed Development Agreement amendments. Debbie McEwen, French Park resident, spoke in opposition to the proposed Development Agreement amendments. Mike Tardif, resident and business owner, spoke in opposition to the proposed Development Agreement amendments. Jeff Dickman, President Historic French Park Association,' read a letter in opposition to the proposed Development Agreement amendments a copy of which was provided to the Planning Commission. Ben Grabiel, Santa Ana resident, spoke in opposition ~ to the proposed Development Agreement amendments. Julie Humphreys, Santa Ana resident, read a letter in opposition to the proposed Development Agreement amendments a copy of which was provided to the Planning Commission. John Barneich, resident and business owner, spoke in opposition to the proposed Development Agreement amendments. Robin Cook, Santa Ana resident, spoke in opposition to the proposed Development Agreement amendments. Michael Harrah, project applicant with Caribou Industries, responded to public comments, explained why the proposed modifications to the previously approved Development Agreement were necessary and requested that the Planning Commission vote to approve his request. Paul Cook-Giles commented on traffic impact and shadows. He requested for City Council to consider that the included term cannot run concurrent with the project. Ben Grabiel commented on Redevelopment Agency funding The public hearing was closed. MOTION by Commissioner Yrarrazaval: Recommended that the City Council adopt an ordinance approving certain amendments to Development Agreement No. 2004-01 and extending the term of the agreement by three years. Commissioner Walters seconded the motion for purpose of discussion. Motion failed for lack of a vote. SUBSTITUTE MOTION: Recommend that the City Council adopt an ordinance approving certain amendments to Development Agreement No. 2004-01: to delete the 50 percent pre-leasing requirement; to allow the applicant to request assistance from the Redevelopment Agency; adjust the timing of the funding for the neighborhood traffic studies;, allow additional time to refill any excavated area; and to delete the minimum of 51 percent ownership interest provision for the One Broadway Plaza (OBP) office tower at 1109 North Broadway in the Specific Development Plan No. 75 (SD-75) zoning district. The Planning Commission modified Section 5.9 (Historic Planning Commission Minutes Page 4 of 5 June 14, 2010 Structures on the Property) of the amended agreement by adding the Orange County Educational Arts Academy to the list ~of schools to be notified prior to the commencement of pile driving and changed the allowable time to refill any scarified area to 120 days as outlined in the staff report Commissioner Walters withdrew the Second on the First Motion and Seconded the Substitute Motion. 1 MOTION: Gartner VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Walters Gartner, Turner, Walters, (3) Acosta, Yrarrazaval (2) Alderete, Betancourt (2) None (0) 2. PUBLIC COMMENTS (for items not on the agenda) Mike Tardif requested that the Industrial property owners within the boundaries of the Transit Zoning Code whose properties are covered by the Industrial Overlay Zones be allowed to participate in upcoming discussions for the development of an Inclusionary Housing Ordinance. 3. STAFF COMMENTS Planning Manager Haluza announced the cancellation of the June 28th Planning Commission meeting due to lack of items. 4. PLANNING COMMISSION MEMBER COMMENTS There were no comments requiring follow-up action. 1 5. EXCUSE OF ABSENCES None. ADJOURNMENT 8:57 P.M. _~ Ma a Ramirez Recording Secretary Planning Commission Minutes Page 5 of 5 June 14, 2010