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Home My WebLink About02/13/2012 (2)11 0 C MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 13, 2012 CALLED TO ORDER CITY HALL COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:46 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE, Chairman JAMES GARTNER, Vice Chairman FRANK ACOSTA SEAN H. MILL ALEXANDER NALLE MARIO TURNER COMMISSIONERS Absent: PATRICK YRARRAZAVAL STAFF Present: JAY TREVINO, Ex. Dir. Planning & Bldg. KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attomey MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting on January 23, 3012. MOTION: Approve the Minutes of January 23, 2012 MOTION: Mill VOTE: AYES: NOES: ABSTAIN ABSENT: A. MINUTES SECOND: Gartner Acosta, Alderete, Gartner, Mill, Nalle (5) None (0) Turner (1) Yrarrazaval(1) RECOMMENDATION: Approve the minutes of the regular meeting on January 23, 2012. Commissioner Turner abstained due to his absence. B. MINOR EXCEPTION NO. 2011-02 Filed by Sheila Gershon of Urban Concepts, on behalf of The National Holistic Institute is requesting approval of a minor exception from the Santa Ana Municipal Code (SAMC) to allow a 50 space reduction in parking for a proposed massage school at 201 East Sandpointe Avenue, Suite 100, located in the Specific Development No. 76 (SD76) zoning district. Planning Commission Minutes Page 1 of 5 February 13, 2012 RECOMMENDATION: Confirm the Zoning Administrator's action approving Minor Exception No. 2011-2 as conditioned. MOTION: Confirm the Zoning Administrator's action approving Minor Exception No. 2011-2 as conditioned. ' MOTION: Nalle SECOND: Mill VOTE: AYES: Acosta, Alderete, Gartner, Mill, Nalle, Turner (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) * * * END OF CONSENT CALENDAR BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED Commissioner Mill met with The Met architect, Ken Nilmeir, and Mr. Bisno. Vice Chairman Gartner met with Mr. Bisno and Mr. Nilmeir. Commissioner Nalle was contacted by Mr. Bisno via telephone on Saturday, February 11, 2012. Commissioner Turner met with Mr. Bisno. Chairman Alderete met with Mr. Bisno on February 13, 2012. D. SELECT A PLANNING COMMISSIONER TO ASSIST WITH THE ' IDENTIFICATION OF LOCAL ARTISTIC RESOURCES FOR THE PUBLIC ART COMPONENT OF THE STATION DISTRICT PROJECT MOTION: APPOINT COMMISSIONER NALLE TO ASSIST WITH THE IDENTIFICATION OF LOCAL ARTISTIC RESOURCES FOR THE PUBLIC ART COMPONENT OF THE STATION DISTRICT PROJECT MOTION: Mill SECOND: Gartner VOTE: AYES: Acosta, Alderete, Gartner, Mill, Nalle, Turner (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) Commissioner Nalle requested a meeting with Sandy Gottlieb, Redevelopment Project Manager, to become familiar with his participation. PROCEDURAL RULES PUBLIC HEARING by Planning Commission: January 23, 2012 to February 13, Filed by Ryan Ogulnick on behalf of Vineyards Development Corporation at The Met, LLC, to allow an amendment to an existing development agreement, zoning ordinance amendment, vesting tentative tract map, and site plan review to allow the construction of a multi -family residential project with 284 units at 200 East First American Way. Planning Commission Minutes Page 2 of 5 February 13, 2012 PUBLISHED IN THE ORANGE COUNTY REPORTER: January 13, 2012 PUBLICLY NOTICED: January 12, 2012 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-46. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-01. 3. Adopt an ordinance approving an amendment to Development Agreement No. ' 2004-03. 4. Adopt a resolution approving Vesting Tentative Tract Map No. 2012-01 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2012-01 as conditioned. Planning Manager Haluza discussed the supplemental information memo that was prepared for the Planning Commission in order to address their concerns regarding the following items: • Reduction in parking. • Percentage of tandem stalls. • Reduction in open space. • Unit mix. Commission discussion ensued regarding clarification of changes, the calculations for open space with public art in the front, defining "plaza", fees being negotiated for public art, park in lieu fee, tandem parking requirement, parking management plan and future development for the adjoining remnant parcel. No written communications were received. IThe public hearing was opened. Cesar Covarrubias with The Kennedy Commission voiced concern that the project does not contain units for large families, which were identified as a housing need in the City's Housing Element. Mr. Covarrubias also stated that the concessions the developer was seeking were substantial enough to trigger the need for a density bonus agreement, which would ensure that some portion of the units be made available as affordable units. Chairman Alderete recommended a 10 minute recess to accommodate audio equipment installation by the applicant at 6:44 p.m. Meeting resumed at 7:02 p.m. Robert Bisno provided a slide -show presentation in rebuttal to the Supplemental Information dated February 10, 2012 from Planning. A copy of this presentation is attached. The public hearing was closed. ' MOTION: Commissioner Turner moved to continue all actions related to the project with the following considerations: (1) Open Space should be consistent with existing standards in SD -43, furthermore to be consistent with the city zoning requirements, (2) consider revising unit mix and size to be consistent with community needs and recently approved projects, (3) .6 acre remnant parcel to be incorporated with the overall development; (4) submit complete landscape plan to commission prior to review and approval, (5) submit complete parking plan to the Planning Commission prior to review and approval. Motion seconded by Commissioner Nalle. Planning Commission Minutes Page 3 of 5 February 13, 2012 AMENDMENT TO MOTION: Commissioner Nalle recommended to accomplish the recommended actions and return to the Planning Commission on March 12, 2012. Motion failed for lack of vote. SUBSTITUTE MOTION: Moved by Commissioner Mill and Seconded by Commissioner Acosta: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 201146. ' 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-01. 3. Adopt an ordinance approving an amendment to Development Agreement No. 2004-03. 4. Adopt a resolution approving Vesting Tentative Tract Map No. 2012-01 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2012-01 as conditioned. AMENDMENT TO SUBSITUTE MOTION: Commissioner Acosta added the following item to the motion: 6. Delete the requirement for General Electric "Monogram" appliances. MOTION: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Acosta Acosta, Gartner, Mill, (3) Alderete, Nalle, Turner (3) None (0) Yrarrazaval (1) ALTERNATE SUBSEQUENT MOTION: Commissioner Turner moved to continue all actions related to the project with the following considerations: (1) Open Space should be consistent with existing standards in SD -43, furthermore to be consistent with the city zoning requirements, (2) consider revising unit mix and size to be consistent with community needs and recently approved projects, (3) .6 acre remnant parcel to be incorporated with the overall development; (4) submit complete landscape plan to commission prior to review and approval, (5) submit complete parking plan to the Planning Commission prior to review and approval. Continue the public hearing to March 12, 2012. MOTION: Turner VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Nalle Acosta, Gartner, Mill (3) Alderete, Nalle, Turner (3) None (0) Yrarrazaval (1) FINAL MOTION: CONTINUE PUBLIC HEARING TO FEBRUARY 27, 2012 TO ALLOW REVIEW OF STAFF'S REBUTTAL TO MR. BISNO'S PRESENTATION. MOTION: Nalle SECOND: Alderete VOTE: AYES: Acosta, Gartner, Mill (3) NOES: Alderete, Nalle, Turner (3) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) The Planning Commission split by a vote of 3:3 (Commissioner Yrarrazaval absent) on a motion to approve the project, thus creating an impasse. Pursuant to Planning Commission Bylaws (Resolution 01-44, § 8e), the applicant was given the choice to have the item continued to a subsequent Planning Commission meeting or to proceed to the City Council with a recommendation of denial. The applicant elected to move forward to the City Council. Planning Commission Minutes Page 4 of 5 February 13, 2012 2. PUBLIC COMMENTS (on non -agenda items) No public members spoke. 3. STAFF COMMENTS Planning Manager Haluza commented on the handout to the Planning Commission ' regarding the update of the Circulation Element. 4. PLANNING COMMISSION MEMBER COMMENTS Commissioner Acosta commented that RVs and big rig trucks are parking for more than 72 hours in the neighborhoods of Townley, Park Lane and Patti Lane. SAPD Mike McCoy to address. 5. EXCUSE OF ABSENCES Commissioner Acosta moved to excuse the absence of Commissioner Yrarrazaval. The motion was seconded by Commissioner Mill and approved by a Commission vote of 5:0. ADJOURNMENT 8:47 PM Martha Ramirez l ' Recording Secretary J Planning Commission Minutes Page 5 of 5 February 13, 2012