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Home My WebLink About12-11-17 PC MINUTES PLANNING COMMISSION MINUTES DECEMBER 11, 2017 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 11, 2017 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:39 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE PHIL BACERRA MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: None. STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney TAIG HIGGINS, Principal Civil Engineer ALI PEZESHKPOUR, Senior Planner JILL ARABE, Senior Planner SELENA KELAHER, Associate Planner IVAN OROZCO, Assistant Planner II SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Senior Planner Pezeshkpour PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. MOTION: Mendoza SECOND: Nguyen VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 27, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: None. * * * END OF CONSENT CALENDAR * * * PLANNING COMMISSION MINUTES DECEMBER 11, 2017 BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. MODIFY CONDITIONAL USE PERMIT NO. 2011-09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT MARISCOS ZAMORA LOCATED AT 3701 WEST MCFADDEN AVENUE, UNITS G, H, I & J - JOSEFAT ZAMORA, APPLICANT Matter continued from the July 10, 2017 and November 13, 2017 Planning Commission meetings. Legal notice published in the Orange County Reporter on June 30, 2017 and notices mailed on June 29, 2017. Senior Planner Pezeshkpour provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, issues, and project analysis. Discussion ensued on permits issued in the past and the status of the entertainment permit. Chairman McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt Resolution No. 2017-41 approving modification to Conditional Use Permit No. 2011-09 as conditioned. MOTION: Verino SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Contreras-Leo, Mendoza, McLoughlin, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. MODIFY CONDITIONAL USE PERMIT NOS. 2013-02, 2013-03 AND 2013-07 TO ALLOW AFTER-HOURS OPERATION, SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION, AND EXPANSION OF THE BANQUET FACILITY INTO THE ADJACENT SUITE FOR C4 DELI LOCATED AT 200 AND 202 NORTH BROADWAY – JEFFREY JENSEN, APPLICANT Legal notice published in the Orange County Reporter on December 1, 2017 and notices mailed on November 30, 2017. Senior Planner Pezeshkpour provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, and project analysis. Commission inquired about the reason for the condition to cease outdoor business activity by 12:00 a.m. Staff responded that due to the site’s close proximity to a residential area, it is recommended that outdoor business activity cease by this time. Chairman McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. A motion was introduced by Commissioner Bacerra to approve staff’s recommendation with an amendment to Conditions of Approval No. 1 (Exhibit A) and No. 3 (Exhibit B) that outdoor business activity in any approved outdoor dining areas shall cease by 12:00 a.m. PLANNING COMMISSION MINUTES DECEMBER 11, 2017 (midnight) 1:45 a.m. The motion was seconded by Vice-Chair Contreras-Leo but was later rescinded. The motion was then seconded by Commissioner Nguyen . Commissioners in favor of the motion cited increased business activity and fair business competition as reasons for supporting the motion. Remaining Commissioners cited the site’s close proximity to the residential area as main reason for not supporting the motion as amended. MOTION: Adopt Resolution Nos. 2017-42 and 2017-43 approving modification to Conditional Use Permit Nos. 2013-02, 2013-03 and 2013-07 to allow after-hours operation, sale of alcoholic beverages for on-premise consumption, and the expansion of the banquet facility into the adjacent suite for C4 Deli located at 200 and 202 North Broadway with an amendment to Conditions of Approval No. 1 (Exhibit A) and No. 3 (Exhibit B) of Resolution No. 2017-42 that outdoor business activity in any approved outdoor dining areas shall cease by 1:45 a.m. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Bacerra, McLoughlin, Mendoza, Nguyen (4) NOES: Alderete, Contreras-Leo, Verino (3) ABSTAINED: None (0) ABSENT: None (0) 3. CONDITIONAL USE PERMIT NO. 2017-25 TO ALLOW THE RENEWAL OF AN EXISTING MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1517 NORTH FAIRVIEW STREET – DANIEL SHAUGHNESSY, APPLICANT Legal notice published in the Orange County Reporter on December 1, 2017 and notices mailed on November 30, 2017. Senior Planner Pezeshkpour provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, and project analysis. Discussion ensued regarding the reason for the delayed renewal of the conditional use permit. Chairman McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt Resolution No. 2017-44 approving Conditional Use Permit No. 2017-25 as conditioned. MOTION: Nguyen SECOND: Bacerra VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAINED: None (0) ABSENT: None (0) 4. TENTATIVE TRACT MAP NO. 2017-02 AND VARIANCE NO. 2017-08 TO ALLOW A SUBDIVISION FOR SINGLE-FAMILY STRUCTURES (610 NEWHOPE CONDOS) WITH DEVIATIONS TO FRONTAGE, SETBACKS, AND BUILDING SEPARATION LOCATED AT 610 SOUTH NEWHOPE STREET – STEVEN JONES, APPLICANT Commissioner Alderete removed himself from discussion and consideration of the matter, citing a conflict of interest due to a business relationship with the person who submitted a written comment. Commissioner Nguyen disclosed that he is friends with the applicant. Vice-Chair Contreras-Leo disclosed that she spoke with Jill Wallace regarding the project. Chair McLoughlin disclosed that he met with Steve Jones and Steve Weise on December 5, 2017 regarding the project. PLANNING COMMISSION MINUTES DECEMBER 11, 2017 Assistant Planner Orozco provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, and project analysis. Discussion ensued regarding the conditions of approval. Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: 1. Adopt a Resolution No. 2017-45 approving Tentative Tract Map 2017-02 as conditioned. 2. Adopt Resolution No. 2017-45 approving Variance No. 2017-08 as conditioned. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAINED: Alderete (1) ABSENT: None (0) 5. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL REVIEW NO. 2017-96, AMENDMENT APPLICATION NO. 2017-02, CONDITIONAL USE PERMIT NO. 2017-29, AND VARIANCE NO. 2017-07 TO ALLOW A NEW HOTEL (HAMPTON INN) WITH DEVIATIONS FROM OFF-STREET PARKING, SETBACK, WALL HEIGHT, AND SIGNS LOCATED AT 2129 NORTH MAIN STREET – NET DEVELOPMENT COMPANY, APPLICANT Commissioner Alderete removed himself from discussion and consideration of the matter due to a potential conflict of interest citing a business relationship with the person who submitted a written comment. Commissioner Bacerra, Vice-Chair Contreras-Leo, and Chair McLoughlin disclosed that they discussed the project with t he applicant. Legal notice published in the Orange County Register on December 1, 2017 and notices mailed on November 30, 2017. Associate Planner Kelaher provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, and project analysis; development standards and entitlements were also reviewed. Discussion ensued regarding ownership of parcels, conditions of approval, minor exception threshold, historic structures on the property, City parking standards, current parking demand near the project site, and number of parking spaces to be eliminated with the development of the hotel. Chair McLoughlin opened the Public Hearing. The following spoke on the matter: Dale Helvig spoke in opposition; concerned with traffic circulation, zoning, and reduced parking spaces; commended Net Development for transparency. Alan Van Devort spoke in opposition; concerned with the negative impact of reduced parking on surrounding businesses and neighborhood, and tra ffic congestion near project site; requested an Environmental Impact Report. Ellen Diamon spoke in opposition; commented that the reduction in parking spaces for business patrons will result in an increase of vehicles parking in the surrounding neighborhood; concerned with traffic congestion near project site; requested an Environmental Impact Report. Diane Ashbaugh spoke in opposition; commented that the reduction in parking spaces for business patrons will result in an increase of vehicles parking in the surrounding neighborhood; requested an Environmental Impact Report. PLANNING COMMISSION MINUTES DECEMBER 11, 2017 Bob Lockhead, representative of Hollybrook Senior Living, spoke in opposition; concerned with the negative impact of reduced parking on surrounding businesses; requested a study on the impacts of reduced parking to surrounding area. Jess Evans spoke in opposition; concerned with the project layout, noise, impact of reduced parking spaces on the surrounding neighborhood, and possible decrease in property value. Tanja Olano, representative of Hollybrook Senior Living, spoke in opposition; concerned with the negative impact of reduced parking on surrounding businesses; opined that all stakeholders should be included in the decision making process; requested an Environmental Impact Report. Max Rollens, representative of Hollybrook Senior Living, spoke in opposition; concerned with the negative impact of reduced parking on surrounding businesses; requested an Environmental Impact Report, and additional time to review the parking study. William Diaz spoke in opposition; concerned with building height and impact of reduced parking on surrounding neighborhood; requested Environmental Impact Report. There were no other speakers and the hearing was closed. The applicant spoke in support of the project and addressed concerns relating to zoning and parking conditions. Commission discussion ensued regarding parking demand for hotel employees, parking demand for proposed restaurant, release date of parking study , CEQA requirements for Environmental Impact Report, historic properties located on the project site, and current parking conditions. The Commission expressed concern with the impact of reduced parking and traffic congestion/circulation and agreed that further analysis should be conducted to determine the impact on the surrounding area. MOTION: Continue matter to the next regularly scheduled meeting and direct staff to conduct a study on the impacts of the displaced parking, review circulation of traffic near the project site, and conduct additional Police Department analysis. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAINED: Alderete (1) ABSENT: None (0) 6. SITE PLAN REVIEW NO. 2016-03 AND VARIANCE NOS. 2017-05 AND 2017-06 TO ALLOW A MIXED-USE DEVELOPMENT (THE MADISON) WITH DEVIATIONS TO PARKING AND SETBACKS LOCATED AT 200 NORTH CABRILLO PARK DRIVE – CABRILLO COMMUNITY PARTNERS, LLC, APPLICANT Legal notice published in the Orange County Reporter on December 1, 2017 and notices mailed on November 30, 2017. Senior Planner Arabe provided a presentation which included a site description, site plan and photo, floor plans, renderings of project, and project analysis; mixed-use overlay zone, landscape plan, and project outreach were also reviewed. Discussion ensued regarding conditions of approval and the parking demand analysis. Jeff Larson, representative of the applicant, spoke in support of the matter. Reported that the project will allocate 1.8 parking spaces per unit. Chairperson McLoughlin opened the Public Hearing. The following spoke on the matter: Tim Paone, legal representative of the owner of the Xerox building, spoke in opposition; noted concern with traffic congestion, opined that the project does not meet requirements PLANNING COMMISSION MINUTES DECEMBER 11, 2017 for a parking variance, and stated that the preliminary traffic study should not be used as a basis for granting the variance. Sam Danskin spoke in opposition; noted concern wit h traffic congestion and its effects on the Xerox building employees, and traffic safety. Howard Hall spoke in opposition; noted concern with traffic congestion. Robert Bisno, applicant, spoke in support of the p roject; discussed parking ratio and traffic conditions. There were no other speakers and the Public Hearing was closed. Commission discussion ensued regarding the requirements of granting a parking variance, traffic conditions, and the parking demand analysis. Majority of Commission agreed that a variance was not warranted and expressed concern with traffic congestion. MOTION: Approve Site Plan Review No. 2016-03 as conditioned, Variance No. 2017-05 as conditioned, and Variance No. 2017-06 as conditioned with the added condition that the project allocate 1.8 parking spaces per unit. MOTION: Nguyen SECOND: Mendoza VOTE: AYES: Mendoza, Nguyen (2) NOES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Verino (5) ABSTAINED: None (0) ABSENT: None (0) *Vote was taken by roll call. The motion failed by a vote of 2:5. MOTION: Deny Site Plan Review No. 2016-03 as conditioned, Variance No. 2017-05 as conditioned, and Variance No. 2017-06 as conditioned. MOTION: Bacerrea SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Verino (5) NOES: Mendoza, Nguyen (2) ABSTAINED: None (0) ABSENT: None (0) COMMENTS 5. STAFF COMMENTS Acting Planning Manager Fregoso:  Asked Commissioners to complete the electronic mail acceptance form.  Informed Commission that the next meeting will be on January 22, 2018.  Wished everyone Happy Holidays. Assistant City Attorney Stork:  Reminded Commissioners that e-mails are subject to Public Records Requests. 6. PLANNING COMMISSION MEMBER COMMENTS All Commissioners wished everyone a Happy Holidays. Commissioner Mendoza:  Asked if major projects could be presented to the Commission as a Work Study before it is brought forward for consideration. PLANNING COMMISSION MINUTES DECEMBER 11, 2017 Chair McLoughlin Requested a Police Department representative be present at future meetings. ADJOURNED 7:22 P.M. - The next meeting of the Planning Commission is scheduled for Monday, January 22, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary