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ACTION MINUTES OF THE SPECIAL MEETING ACTION MINUTES OF THE SPECIAL MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION September 2, 1999 ~~ L~ CALLED TO ORDER Spurgeon Building 206 West Fourth Street, Fourth Floor 5:20 p.m. ATTENDANCE Lynnette Verino Glenn Mondo, Vice Chairman Molly Doughty Jose Solorio Don Cribb Robert Richardson, 6:10 ABSENT Alexander Nalle, Pro Tem STAFF PRESENT Robyn Uptegraff, Executive Director Kenneth Adams, Planning Manager Sharon 7ohnson, Recording Secretary Christine Shaw, Assistant, Deputy City Attorney PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 98-22 To review the conditional use permit for Taco Bell restaurant located at 1229 East Seventeenth Street. u POSTED: September 1, 1999 RECOMMENDATION: Commission policy. Ms. Robyn Uptegraff thanked the Commission for attending the special meeting on such short notice. She apprised the Commission that the special meeting had been called to order for staff to receive direction from the Commission as to how to handle cases when a building is able to be occupied but final details have not been completed such as landscaping and irrigation. She further apprised the Commission that the case in hand was the conditional use permit for the Taco Bell restaurant located at 1229 East Seventeenth Street. That the case had been reviewed by the Commission to allow adrive-through at the proposed restaurant; the Commission approved the request and conditioned the case to have a trellis at the site. Staff had recently, administratively, approved occupancy of the restaurant with a $15,000 deposit from the applicant, Mr. Dick Armstrong, and instructed him to apply for modifications to the conditions of approval to the Planning Commission if he wished to modify the conditions of approval for the project, however, if the applicant defaulted on the agreement, the deposit would be forfeited and deposited into the City fund. She further stated that several Commissioners and Councilmembers had expressed concerned regarding the matter so the meeting was called for the Commission to express themselves regarding the matter and she would therefore make a decision regarding the matter based on their comments. Mr. Dick Armstrong, applicant, thanked the Commission for their attendance at the special meeting. He stated that the trellis had been put on the plans as an after-thought but when the final bids were received, it had been decided not to construct the trellis at the restaurant, however due to an oversight by the architect, the trellis did not get removed from the plans. During the Final inspection both he and the planner were surprised to discover the trellis still being displayed on the plans. In addition, Mr. Armstrong further informed the Commission that he would be willing to construct a trellis, however, he requested to use a different type of material for the trellis that was more cost efficient to him and emphasized to the Commission the importance of opening the store during the construction of the trellis. The Commission unanimously expressed concem and their displeasure regarding the applicant not completing the construction as approved; the amount of the deposit and agreed that the deposit should be a minimum of three times the cost of the project in question. In addition, concern was expressed regarding allowing certain projects to operate without all of the required permits and other projects being required to fu1S11 and obtain all necessary permits and it was emphasized that the Commission as a Body needs to have consistency citywide, Planning Commission Minutes September 2, 1999