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COUNCIL CRAMBERS ROLL CALL: The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Madam Chair Brown in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Commissioners Nalle, Oliver, Mondo, Doughty, Pedroza, and Segura. Also in attendance were: Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Vince Fregoso, Associate Planner; Larry Yenglin, Associate Planner; Tom Childress, Associate Planner; Lynnette Perry, Assistant Planner II; Pam Lucado, Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Madam Chair Brown. PROCEDURAL RULES: The procedural rules for the session were read by Madam Chair Brown. PUBLIC BEARINGS, 7:00 o.m., COUNCIL CHAMBERS 1. APPEAL NO. 96-02 (Lynnette Perry) Filed by Mr. Elias Kawaja and Mr. Emad Salameh to appeal the decision of the Zoning Aministrator not to allow the sale of beer and wine for off-premise consumption at K and S Food Store located at 2626 North Bristol Street. (Continued by Planning Commission April 8,.1996 to April 22, 1996) LEGAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 Confirm the Action of the Zoning Administrator denying Conditional Use Permit No. 96-OS and adopt the findings as submitted by staff. Mr. Adams informed the Commission that the item had been continued from the previous Planning Commission meeting for staff to prepare a chronology of events for the project. The legal report had not been included in the staff report but the proceedings would be available if requested. Madam Chair asked the applicants if they would like to make any further comments. Mr. Roger Diamond, representing the applicants, indicated that at the previous Planning Commission meeting there was a 3:3 vote to deny the request. Once more, Mr. Diamond explained that the site had previously been a 7-Eleven store with the ability to sell beer and wine. When the applicants had begun operations they had wished to continue the operations of the convenience store and the ability to sell beer and wine. Unknown to the applicants, an ordinance had been passed and a Conditional Use Permit was needed within six months of 7-Eleven ceasing operations in order for the applicants to sell beer and wine. Mr. Diamond further indicated that the applicants believed that staff did not provide proper assistance or guidance to the applicant and worked along with the ABC board to delay the process causing the six month time period to expire. Mr. Diamond also mentioned that the neighborhood supported the project. Madam Chair Brown noted that the public hearing had been conducted at the previous Planning Commission meeting of April 8, 1996. Commissioner Doughty asked if staff had any comments in response to Mr. Diamond. [] Mr. Adams stated that in 1986, City Council directed the Planning Commies ion to craft a set of standards and to evaluate the standards for alcoholic sales. An ordinance was adopted to prevent alcoholic sales within 1,000 feet of other approved businesses with the ability to sell alcohol. Mr. Adams referred to Exhibit 5 of the staff report and noted that the applicant came into the process late. At the time the application was filed, a conditional use permit was not needed. However, the applicant had an error on the application; the application was returned to the applicant by the Police Department and the applicant failed to return the application within the six month timeframe. Commissioner Doughty asked what was the current crime rate at the location. Ms. Yolanda Pena, Police Department, responded that in 1994 there had been a total of 14 police related incidents reported. In 1995, there had been one police related incident. However, in the past five years from 1989-1995, there had been a total of 65 police related incidents reported. Madam Chair Brown indicated that the applicant had been informed of some discrepancies on the petition submitted and asked if an additional petition had been submitted. PLANNING COMMISSION MIIJU7'CS 3 APRIL zz, lvsb