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Home My WebLink About12/09/2013MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 9, 2013 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:31 P.M. ATTENDANCE: COMMISSIONERS PRESENT: ERIC ALDERETE, Chairman PHIL BACERRA JOEL CRESPO (arrived 5:36 p.m.) JAMES GARTNER SEAN H. MILL, Vice Chairman ALEXANDER NALLE PATRICK YRARRAZAVAL STAFF Present: JAY TREVINO, Ex. Dir., Planning & Building KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE MOTION: Approve the Minutes of November 25, 2013. MOTION: Yrarrazaval SECOND: Mill VOTE: AYES: Alderete, Bacerra, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Crespo (1) CONSENT CALENDAR A. MINUTES 7xK�]Gh�iI��I�L�A[�P►A Approve the minutes of the regular meeting on November 25, 2013. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) ►C*aA C. SITE PLAN REVIEW NO. 2013 -07 Geoff Burns of Penske Automotive, owner of the Commonwealth Volkswagen (VW) dealership, is requesting approval of Site Plan Review No. 2013-07 to allow the exterior remodel and expansion of the showroom and office areas at 1450 South Auto Mall Drive located in the Specific Development No. 60 (SD -60) zoning district. Planning Commission Minutes 1 December 9, 2013 RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2013 -07 as conditioned. Assistant Planner I Ali Pezeshkpour presented the staff report and recommendation. MOTION: Adopt a resolution approving Site Plan Review No. 2013 -07 as conditioned. MOTION: Mill SECOND: Nalle VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PROCEDURAL RULES PUBLIC HEARING 1. GENERALPLAN AMENDMENT NO. 2013 -01 Filed by the City of Santa Ana, to allow the updatefor the City of Santa Ana's General Plan Housing Element for the planning period 2014 through 2021 and the Public Safety Element update to include current flooding information. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 27, 2013 PUBLICLY NOTICED: November 27, 2013 RECOMMENDATION: Recommends that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -98. 2. Adopt a resolution approving General Plan Amendment No. 2013 -01. Associate Planner Melanie McCann presented the staff report and recommendation. Ms. McCann commented on changes that included the housing vision that added "healthy" in all of the policy and also addendum with corrections and adjustments that included input from The Kennedy Commission and ALUC, in particular, the enhancements to Code Enforcement, Programs 10 and 11. Mark Hoffman with The Planning Center /DC & E highlighted changes (state legislation and general funding; community priorities for health and wellness; anticipated GP and ZOA update and HCD Comments and ongoing dialogue). The Commission was provided a handout with public comments from The Kennedy Commission. Mr. Hoffman discussed the new policies and the new /revised programs. Commissioner Bacerra commented on Exhibit 4 maps of the city that do not reflect the industrial section of the City. Associate Planner McCann will evaluate and correct before item goes to City Council. The public hearing was opened. Amanda Knitter, the American Lung Association, stated healthy choices for the community involvement have been positive; looks forward to assist with the health, profitability cost for property owners; popular with community to safe -guard their homes /environment. Planning Commission Minutes 2 December 9, 2013 Claire Braeburn with America On Track advocated protection against second -hand smoke. Apartment complexes have been supportive as well as the community. Amy Buch with OC Health Care Agency thanked colleagues for commitment to create healthy environments, concerned with second -smoke affects to children; the agency is available to serve as a resource or provide information on the science aspects while working in collaboration with the City. Daisy Gonzalez, with The Kennedy Commission, commented on the implementation of SB48 that empowers local jurisdiction to cite any health violations and uphold indoor housing conditions as well as effect of proactive code enforcement. She commented on the programs to help protect the tenants, city encouraged to research best practices. The public hearing was closed. Commissioners Mill, Nalle, Bacerra and Gartner expressed concerns in opposition to the second -hand smoke enforcement/regulation. Commissioner Yrarrazaval commented that the Commission was not allowed sufficient time to review and comment on the letter from The Kennedy Commission; indicated there were some relevant issues that were addressed within the letter. Associate Planner McCann stated there had been enough opportunity to integrate into the Element the concerns mentioned in the letter from The Kennedy Commission such as specific programs, city recommendation in Addendum 405 adhering to best practices and identifying which tools would be feasible for Santa Ana. Commissioner Yrarrazaval commented on item No. 7 - Code Enforcement; encouraged staff to review and report back to Commission. Staff indicated taking action during 2014 -2015. Commissioner Nalle commented on Paragraph 7 regarding code enforcement and SB48 and confirming that rodent and vermin infestation are being reported during inspections. He referred to the letter from The Kennedy Commission, to explore the feasibility of rent cost account program. Ms. McCann stated that's why concerns are being proposed taking action in the prep program to address the interior inspections as well. Alvaro Nunez, Coordinator for the Code Enforcement confirmed interior inspections will be done. Chairman Alderete voiced concern that second -hand smoke policy may be used as pre -text to evict tenants who he is opposed to; inquired if funding and resources are available to pursue this type of policy; explore rent escrow account, as a best practice. Highlighted that 81% of households are families and would rather not promote so many single- bedroom units; also encouraged staff to explore the issues addressed in the letter from The Kennedy Commission. MOTION: Recommends that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -98. 2. Adopt a resolution approving General Plan Amendment No. 2013 -01. Planning Commission Minutes 3 December 9, 2013 Commissioner Bacerra recommended striking preparation of smoke -free ordinance; recommendation was not considered by the Commission. MOTION: Yrarrazaval SECOND: Nalle VOTE: AYES: Alderete, Crespo, Gartner, Nalle, Yrarrazaval (5) NOES: Bacerra, Mill (2) ABSTAIN: None (0) ABSENT: None (0) 2. AMENDMENT TOCONDITIONAL USE PERMIT NO. 2012 -18 The applicants, Bruce Marsh and Naseem Aflakian, are requesting approval of a conditional use permit that would allow their restaurant, the Little Sparrow Cafe, to operate until 2:00 a.m. at 300 North Main Street located in the Transit Zone Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 27, 2013 PUBLICLY NOTICED: November 27. 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012 -18 as conditioned to allow after -hour operations. Commissioner Bacerra stated he worked with the client on this item prior to joining the Commission; recused himself and left the dais. Associate Planner Hally Soboleske presented the staff report and recommendation. Chairman Alderete commented on extensive structural repairs. Ms. Soboleske indicated that the applicant worked with the landlord to bring the structure to code. The public hearing was opened. Darren Shippen, Sean Coolidge and Joe Castro spoke in support of the extension of hours of operation. Applicant Bruce Marsh spoke in support of the Little Sparrow Cafe and commented on the improvements done to the building. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2012 -18 as conditioned to allow after -hour operations. Chairman Alderete appreciated and suggested including letter from applicants within future staff reports. MOTION: Nalle SECOND: Crespo VOTE: AYES: Alderete, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: Bacerra (1) ABSENT: None (0) Commissioner Bacerra returned to the dais. Planning Commission Minutes 4 December 9, 2013 3. PUBLIC COMMENTS None 4. STAFF COMMENTS Executive Director Trevino announced his retirement effective December 30, 2013 and expressed his gratitude; he extended holiday wishes to all. Planning Manager Haluza announced the cancellation of the December 23, 2013 Planning Commission meeting due to lack of items. 5. PLANNING COMMISSION MEMBER COMMENTS Commissioners thanked Jay for his support and kindness extended throughout his tenure, as well as his great friendship and his proactive contributions on projects throughout the city. Congratulations were extended to Ryan Hodge with the birth of his daughter. Commissioner Crespo announced his resignation from the Commission as he has taken another job assignment in Palo Alto. Chairman Alderete congratulated Commissioner Crespo on his new assignment and Ryan Hodge with the birth of his daughter. He thanked Jay for his professionalism and courtesy and ability to balance commissioners /council members. As a token of appreciation, Jay was presented with a pen from the Planning Commission. 6. EXCUSE OF ABSENCES ADJOURNMENT 7:08 P.M. MARTHA RAMIREZ�- RECORDING SECRETARY Planning Commission Minutes 5 December 9, 2013