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