The URL can be used to link to this page

Home My WebLink About01/12/2009MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA JANUARY 12, 2009 1 CALLED TO ORDER: 5:40 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete, Vice Chair Victoria Betancourt James Gartner Christopher Leo, Chairman Sean H. Mill Mario Turner Patrick Yrarrazaval STAFF PRESENT: Karen Haluza, Planning Manager Ben Kaufman, City Assistant City Attorney Martha Ramirez, Recording Secretary 1 PLEDGE OF ALLEGIANCE TO THE FLAG: CHAIRMAN LEO CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Betancourt SECOND: Alderete VOTE: AYES: Alderete, Betancourt, Gartner, Mill, Yrarrazaval (5) NOES: None (0) ABSTAIN: Leo, Turner (2) ABSENT: None (0) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of December 8, 2008. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the December 22, 2008 Cancellation Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 19, 2008 at 9:53 a.m. 1 Pursuant to the Brown Act, the December 8, 2008 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 5, 2008 at 8:22 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR Planning Commission Minutes 1 January 12, 2009 BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. PROCEDURAL RULES PUBLIC HEARINGS 1. APPEAL NO.2008-03 FOR MINOR EXCEPTION NO. 2008-03 Filed by Ralph Andrade to permit a fence that exceeds the front yard fence requirement at 1214 North Daisy Street located in the Single Family Residence (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 2, 2009 PUBLICLY NOTICED: January 2, 2009 RECOMMENDATION: 1. Deny Appeal No. 2008-03. 2. Adopt a resolution denying Minor Exception No. 2008-03. Planning Intern Rebecca Duarte presented the staff report and recommendation. No public communications were received. The public hearing was opened. Ed Daniel, attorney for Mr. Andrade, spoke in favor of the applicant's appeal. Lorraine Andrade and Gina Andrade spoke in support of the applicant's appeal. The public hearing was closed. Commission discussion ensued regarding modifications to the fence (wrought iron, light fixtures, pilasters and portions of block), relevant special circumstances relating to property rights, and applicant's willingness to review the options with the Planning staff. MOTION: 1. Deny Appeal No. 2008-03. 2. Adopt a resolution denying Minor Exception No. 2008-03. MOTION: Betancourt SECOND: Gartner MOTION WITHDRAWN BY ITS MAKER Commission discussion ensued regarding adjustments that could be made to the existing fence to reduce its overall height, and proposed that the applicant work with the Planning staff to review modifications that could be made. Planning Commission Minutes 2 January 12, 2009 SUBSITUTE MOTION: Continue the public hearing to January 26, 2009. MOTION: Alderete SECOND: Yrarrazaval VOTE: AYES: Alderete, Betancourt, Gartner, Mill, Turner, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ITEM TAKEN OUT OF ORDER 3. VARIANCE NO. 2008-21 AND MODIFICATION TO CONDITIONAL USE PERMIT NO. 1964-172 Filed by the Poor Clare Missionary Sisters, Inc., to request a variance for a ten (10) foot reduction in required landscape setback and to amend the existing conditional use permit for the construction of a new multi-purpose building at an existing child care facility at 1021 North Newhope Street located in the Single Family Residence (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 2, 2009 PUBLICLY NOTICED: January 2, 2009 RECOMMENDATION: 1. Adopt a resolution approving Variance No. 2008-21 as conditioned. 2. Adopt a resolution approving modification to Conditional Use Permit No. 1964-172 as conditioned. Assistant Planner Carlos Rodriguez presented the staff report and recommendation. No written communications were presented. The public hearing was opened. Sister Maria Miranda, representing the Poor Clare Missionary Sisters, spoke in support of the project. The public hearing was closed. The Planning Commission asked staff to work with the applicant to revise the building materials to replace the stacked stone indicated on the plans with a more durable and timeless alternative, such as slate, and to ensure that the landscaping provides an adequate buffer to adjacent residences. MOTION: 1. Adopt a resolution approving Variance No. 2008-21 as conditioned. 2. Adopt a resolution approving modification to Conditional Use Permit No. 1964-172 as conditioned. MOTION: Mill SECOND: Turner VOTE: AYES: Alderete, Betancourt, Gartner, Leo, Mill, Turner, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes 3 January 12, 2009 2. ENVIRONMENTAL IMPACT REPORT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2008-04, AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-04, CONDITIONAL USE PERMIT NO. 2008-34, VESTING TENTATIVE TRACT MAP NO. 2008-04 AND SITE PLAN REVIEW NO.2008-05 (Continued by the Planning Commission: November 10, 2008 to December 8, 2008; December 8, 2008 to January 12, 2009) Filed by Mainstreet Concourse, LLC to allow the construction of a 31-story high rise residential condominium tower within the City Place development located at 301 East Jeanette Lane in the Specific Development No. 59 (SD-59) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 31, 2008 PUBLICLY NOTICED: October 31, 2008 RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04. 3. Adopt an ordinance amending Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. 1 Principal Planner Klotz presented the staff report and recommendation. Commission discussion ensued regarding traffic impacts, EIR mitigation measures, and inclusionary housing fees. No public members spoke. MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2007-02. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-04. 3. Adopt an ordinance amending Development Agreement No. 2004-04. 4. Adopt a resolution approving Conditional Use Permit No. 2008-34 as conditioned. 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2008-04 as conditioned. 6. Adopt a resolution approving Site Plan Review No. 2008-05. i MOTION: Alderete VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Betancourt Alderete, Betancourt, Yrarrazaval (1) Turner (1) None (0) Gartner, Leo, Mill (5) Planning Commission Minutes 4 January 12, 2009 ITEM TAKEN OUT OF ORDER 5. TENTATIVE TRACT MAP NO. 2008-05 Filed by Eric Nelson on behalf of HPSCII, LLC, to allow a tract map for a seventeen-unit medical office condominium development at 1945 East Seventeenth Street located in the Arterial Commercial (C5) zoning district. RECOMMENDATION: Adopt a resolution approving Tentative Tract Map No. 2008-05 as conditioned. Assistant Planner Matt Foulkes presented the staff report and recommendation. No written communications were received. The public hearing was opened. Tom Childress, spoke in support of the tract map, but expressed his view that the building design did not conform to the previously approved project. Kathleen Ingersoll, adjacent property owner, expressed concerns over the potential for nuisance impacts from cars that might park in the rear of the building. Applicant Eric Nelson with Red Mountain Retail Group spoke in support of project. The public hearing was closed. MOTION: Adopt a resolution approving Tentative Tract Map No. 2008-05 as conditioned. MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Mill Alderete, Betancourt, Yrarrazaval (7) None (0) None (0) None (0) Gartner, Leo, Mill, Turner, 4. ZONING ORDINANCE AMENDMENT NO. 2008-01 AND ORDINANCE AMENDMENT NO. 2008-02 Filed by the City of Santa Ana to amend Chapters 22 and 41 of the Santa Ana Municipal Code in order to regulate massage establishments within the City of Santa Ana. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 2, 2009 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2008-98. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-01. 3. Adopt an ordinance approving Ordinance Amendment No. 2008-02. Assistant Planner Matt Foulkes presented the staff report and recommendation. Planning Commission Minutes 5 January 12, 2009 Commission discussion ensued regarding ancillary uses, number of licensed technicians attached to the address and enforcement procedure. No written communications were received. The public hearing was opened. Dr. Robert Meriott, D.C., spoke in support of the ordinances but recommended allowing more than three technicians and allowing an appointed manager to meet doctor on-site 100% requirement. Dr. Andrew Burpee, D.C., commented on advertisements, proposed business dress code, recommended allowing more than two technicians on site and suggested allowing doctor to be available by cellular telephone 50% of the time to meet the 100% doctor on-site requirement. Carol Warren with Massage Envy commented on removal of the following requirements: 1,000 hours training, 16 watt lights, requirement for a shower, and advertisement requirement. Rick Boden recommended removal of the requirements for shower and locker at facilities and 1,000 hour training. The public hearing was closed. Commission discussion ensued regarding eliminating requirements for the shower, specific light wattage, restroom facilities beyond what is required by the Uniform Building Code, lockers, and the doctor having to be on site 100% of the time as well as the 1,000 hours of training. 1 MOTION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2008-98. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-01. 3. Adopt an ordinance approving Ordinance Amendment No. 2008-02. 1 Planning Commission recommended modifications to Section 22-7 Massage establishment facilities, Sections (g) & (h) to eliminate requirement for showers, locker(s), restroom to meet Building Code requirements, and reduce training hours from 1,000 to 500. MOTION: Betancourt SECOND: Gartner VOTE: AYES: Alderete, Betancourt, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Gartner, Leo, Mill, Turner, 6. Public Comments (for items not on the agenda) No public members spoke. Planning Commission Minutes 6 January 12, 2009 STAFF AND COMMISSION COMMENTS 7. Staff Comments Planning Manager Haluza welcomed Commissioner Turner. 8. Planning Commission Comments Commissioner Mill • Welcomed Commissioner Turner • Thanked Dave Ream and Mark Lawrence for graffiti cleanup at Fairview and Alton site. Commissioner Yrarrazaval welcomed Commissioner Turner. Vice Chair Alderete welcomed Commissioner Turner. Commissioner Betancourt commented she attended the Sustainable Development workshop and welcomed Commissioner Turner. Commissioner Gartner welcomed Commissioner Turner and wished everyone a Happy New Year. Commissioner Turner commented that he looks forward to working with the staff and the Commission. Chairman Leo • Welcomed Commissioner Turner. • Offered support from the Planning Commission to the Planning Department with regard to the City cutbacks. 9. Excuse of Absences 10. Adjournment 8:31 p.m. MOTION: Alderete SECOND: Yrarrazaval AYES: Alderete, Betancourt, Gartner, Mill, Turner, Yrarrazaval (7) VOTE: NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ~'~ ~~,~, Martha Ramirez ~~` Recording Secretary ~~ [l Planning Commission Minutes 7 January 12, 2009