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HomeMy WebLinkAbout030915 PC MINUTESCALLED TO ORDER ATTENDANCE MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 9, 2015 COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. COMMISSIONERS Present: ERIC ALDERETE, Chairman SEAN H. MILL, Vice Chairman PHIL BACERRA BRUCE T. BAUER JAMES R. GARTNER ALEXANDER NALLE LYNNETTE VERINO COMMISSIONERS Absent: None STAFF Present: VINCE FREGOSO, Interim Executive Director VERNY CARVAJAL, Acting Planning Manager RYAN HODGE, Assistant City Attorney KAREN GERARDO, Commission Secretary PLEDGE OF ALLEGIANCE Chairman Alderete A. PUBLIC COMMENTS (on non - agenda items) • Len Hamilton stated Vice Chair Mill spearheaded a fundraising event to raise money for a honeymoon for a military veteran couple. • Robert Tran thanked Vice Chair Mill for the manner he's reached out to the Vietnamese community. • Mark Viana echoed Mr. Hamilton's prior comments on how Vice Chair Mill assisted the military veteran couple with their honeymoon. • Patrick Winton spoke about his volunteer experience with Vice Chair Mill and about his integrity and assistance. CONSENT CALENDAR MOTION: Approve the Consent Calendar item per staff's recommendation. Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. MOTION: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: PLANNING COMMISSION MINUTES SECOND: Nalle Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) None (0) None (0) None (0) 1 MARCH 9, 2015 1. MINUTES MOTION: Approve the minutes of the regular meeting of February 23, 2015. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR ELECTION OF OFFICERS Item continued from the February 23, 2015 Planning Commission meeting by a vote of 6:0 (Alderete absent). • Mike Tardiff expressed deep concern if Sean Mill was to be considered for chair of the commission, felt offended by remarks previously made by Vice Chair Mill specific to his person, and believed that he has violated the city's Code of Ethics and Conduct. • Dave Hoen stated opposition to the possibility of Sean Mill becoming the next Chairman, felt that residents and business owners cannot state their views regarding Vice Chair Mill for fear of retribution, and suggested new leadership on the Planning Commission. Recommended Action: 1. Elect a Chairperson of the Planning Commission for the 2015 term. 2. Elect a Vice Chairperson of the Planning Commission for the 2015 term. 3. Elect a Representative from the Planning Commission to the Historic Resources Commission for the 2015 term. Chairman Alderete called for nominations for Chairperson, Vice Chairperson and a representative to serve on the Historic Resources Commission for the 2015 term. Commissioner Nalle nominated to elect Eric Alderete as Chair and Sean Mill as Vice Chair and Planning Commission representative on the Historic Resources Commission. Commissioner Bauer stated point of order and requested that votes by taken separately for each nomination. MOTION: Elect Eric Alderete as Chairperson of the Planning Commission for the 2015 term. MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: Motion failed. SECOND: Mill Alderete, Mill, Nalle (3) Bacerra, Gartner, Verino, Bauer (4) None (0) None (0) Commissioner Bauer nominated James Gartner for the position of Chair and nomination was accepted. Hearing no further nominations, the nominations were closed without objection. PLANNING COMMISSION MINUTES 2 MARCH 9, 2015 MOTION: Elect James Gartner as Chairperson of the Planning Commission for the 2015 term. MOTION: Bauer SECOND: Bacerra VOTE: AYES: Bacerra, Bauer, Gartner, Verino (4) NOES: Alderete, Mill, Nalle (3) ABSTAIN: None (0) ABSENT: None (0) By a 4:3 vote, Commissioner Gartner was elected Chairperson for the 2015 term effective the next Planning Commission meeting of March 23, 2015. The motion of Sean Mill as Vice Chair was still pending and the nomination was accepted. Hearing no further nominations, the nominations were closed. MOTION: Elect Sean Mill as Vice Chairperson of the Planning Commission for the 2015 term. MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Alderete Alderete, Gartner, Mill, Nalle (4) Bacerra, Bauer, Verino (3) None (0) None (0) By a 4:3 vote, Vice Chair Mill was re- elected Vice Chairperson for the 2015 term. Commissioner Bauer requested discussion of the topic of the Historic Resources Commission representative and expressed grave concern over Sean Mill's actions at the last Planning Commission meeting where he singled out a member of the public by name allegedly because of his sexual orientation. He also agreed with comments made by Mike Tardif and believed Vice Chair Mill's actions to be inappropriate as a public servant. Vice Chair responded and a discussion ensued. Commissioner Nalle left the dais at 5:54 p.m. Vice Chair Mill proceeded to decline the nomination. Commissioner Gartner then nominated Bruce Bauer to serve as the Planning Commission representative on the Historic Resources Commission and the nomination was accepted. Hearing no further nominations, the nominations were closed without objection. MOTION: Elect Bruce Bauer as Planning Commission Representative to the Historic Resources Commission for the 2015 term. MOTION: Gartner SECOND: Bacerra VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Nalle (1) By a 6:0 vote ( Nalle absent), Commissioner Bauer was elected as Planning Commission representative on the Historic Resources Commission for the 2015 term effective the next Historic Resources Commission meeting of April 2, 2015. Commissioner Nalle returned to the dais at 5:59 p.m. PLANNING COMMISSION MINUTES 3 MARCH 9, 2015 COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS): Commissioner Bauer spoke to City Attorney Sonia Carvalho and Assistant City Attorney Ryan Hodge who confirmed that conversations regarding the election of officers did not require disclosure since elections are not discretionary. Commissioner Gartner disclosed that he had conducted preliminary consulting work for South Coast Speedwash approximately two years ago, but is now beyond statute of limitations; he has not been involved with the project as presented to the Commission (agenda item no. 5). Commissioner Bacerra and Chair Alderete disclosed that they spoke with John Palacio (agenda item no. 2). Vice Chair Mill disclosed that he spoke with John Palacio, Sam Romero and Maureen Bricken (agenda item no. 2). PUBLIC HEARINGS 2. PUBLIC FACILITIES NAMING NO. 2015 -02 (Applicant: John Palacio) Legal notice published in the Orange County Reporter on February 24, 2015 and notices mailed February 26, 2015. A project overview was provided by Ivan Orozco, Assistant Planner I. Chair Alderete opened the public hearing. Commissioner Bacerra invited any member of the public to come forward to share stories about former mayor, Gordon Bricken. Mike Tardiff spoke in support of the project, as well as John Palacio who spoke on behalf of the Bricken family and friends that were present. There were no other speakers and the hearing was closed. MOTION: Adopt a resolution approving Public Facilities Naming No. 2015 -02 to name the pedestrian bridge at the Santa Ana Regional Transportation Center as the Gordon Bricken Pedestrian Bridge. MOTION: Mill SECOND: Nalle VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. CONDITIONAL USE PERMIT NO. 2014 -46 (Applicant: Northgate Market, 1120 S. Bristol) Legal notice published in the Orange County Reporter on February 24, 2015 and notices mailed February 26, 2015. A project overview was provided by Ivan Orozco, Assistant Planner I. Chairman Alderete opened the public hearing. Commissioner PLANNING COMMISSION MINUTES 4 MARCH 9, 2015 4. 5. Verino stated concern about outdoor storage on the walkway in front of store entrance and asked if an operational standard needed to be conditioned to ban outdoor storage — however since it is already part of the Santa Ana Municipal Code, conditioning the item is not necessary. The applicant spoke and stated that the store is under new management and that the issue with outdoor storage will be addressed promptly. There were no other speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2014 -46 to upgrade from a Type 20 to Type 21 ABC license. MOTION: Bauer SECOND: Nalle VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONDITIONAL USE PERMIT NO. 2015 -04 (Applicant: Northgate Market, 1623 W. Seventeenth) Legal notice published in the Orange County Reporter on February 24, 2015 and notices mailed February 26, 2015. A project overview was provided by Ivan Orozco, Assistant Planner I, who fielded questions from the Commission regarding: the size of alcohol storage area, the proximity to local schools, over - concentration, and bike parking facilities. Chairman Alderete opened the public hearing. The applicant spoke in support of the project. There were no other speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2015 -04 to upgrade from a Type 20 to Type 21 ABC license. MOTION: Mill SECOND: Gartner VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND qni r%-ng (Applicant: South Coast Speedwash) Legal notice published in the Orange County Reporter on February 24, 2015 and notices mailed February 26, 2015. A project overview was provided by Ali Pezeshkpour, Assistant Planner I and fielded questions from the Commission regarding: parking spaces, design, architecture, and landscaping. Chairman Alderete opened the PLANNING COMMISSION MINUTES 5 MARCH 9, 2015 A 7. public hearing. Written communication was received from Thomas Smith opposing the project. Verbal communication was received from a neighboring business (Smiles on Bristol Dentistry) supporting the project. Marisol Chavarria, adjacent property owner, spoke about current trespassing issues and noise level stemming from project location and requested a higher fence. Gil Sanchez, adjacent property owner, spoke regarding safety concerns with vehicle circulation and having sufficient setback towards the rear of project property. The applicant fielded questions from the Commission related to noise impacts such as the height of the existing fence, sound attenuation, wall - building materials, and the sound study results. Commissioner Bauer introduced an amended motion to continue the item to allow staff sufficient time to study the noise impacts and to address the neighborhood's concerns. Commissioner Bacerra seconded with a friendly amendment requesting that the sound study be brought back to the Commission for review. Commissioners Gartner and Nalle stated they did not support a continuance, but rather rely on staff to determine the appropriate height of the perimeter wall. The applicant offered to build a higher fence to appease the residential property owners. Commissioner Verino recommended a condition of approval that required replacing wall with a 10- foot sound wall. SUBSTITUTE MOTION: Adopt a resolution approving Conditional Use Permit No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02, including replacement of current property wall and constructing a 10 -foot sound wall with a 12 -inch thick base up to the first two feet in height followed by at least eight inches thick for the remaining height. MOTION: Verino SECOND: Mill VOTE: AYES: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * END OF BUSINESS CALENDAR * * * ABSENCES EXCUSED ABSENCES - None COMMENTS STAFF COMMENTS - None PLANNING COMMISSION MEMBER COMMENTS PLANNING COMMISSION MINUTES 6 MARCH 9, 2015 Commissioner Bacerra • Attended the monthly Art Walk and happy to see the East End activated with the 4th Street Market activity. • Attended the Planning Commissioners Academy last Thursday and appreciated the opportunity to attend. Commissioner Gartner • Is excited that the South Coast Speedwash was approved and to see growth along the Bristol Street Corridor. Commissioner Verino • Attended the Planning Commissioners Academy and appreciated the opportunity to attend. • Stated concern with the amount of ABC licenses coming before the commission to date. Moving forward, she requested that Police Department provide crime statistics on future proposed projects. Vice Chair Mill • Noted the Orange County Register's mention of local restaurants, even those outside of the Downtown such as Tito's La Especial, Ritters and The Boiling Crab. • Congratulated Commissioner Gartner on his election as the new chair. • Thanked Chair Alderete for his years of leadership as chair. Commissioner Nalle • Recommended that the meeting be adjourned in the memory of Allan Fainbarg for all of his contributions to the community. Commissioner Bauer • Thanked Chairman Alderete for his six years of service as chairman and wanted to clarify that his vote for leadership change was not a reflection on Chairman Alderete but rather stating the need for new change. Chair Alderete • Thanked the Planning Commission for their support during his tenure and for accommodating his absences during his work transition. • Congratulated Commissioner Gartner on his new position as chairman. • Continued to wish Vice Chair Mill well during his continued term as vice chair. • Agreed with Commissioner Bauer's comment about leadership change and perhaps needing more diversity on the commission. ADJOURNED 7:22 P.M. - The next meeting of the Planning Commission is scheduled for Monday, March 23, 2015 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourned in Memory of Allan Fainbarg MEN Karen Gerardo Commission Secretary PLANNING COMMISSION MINUTES 7 MARCH 9, 2015