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HomeMy WebLinkAbout10/26/2009MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA October 26, 2009 CALLED TO ORDER: 5:32 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete, Vice Chairman Victoria Betancourt James Gartner Christopher Leo, Chairman Mario Turner Patrick Yrarrazaval STAFF PRESENT: Jay Trevino, Executive Director Planning & Building Agency Karen Haluza, Planning Manager Ben Kaufman, Chief Assistant City Attorney Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN LEO A. OATH OF OFFICE Oath of Office was administered for re-appointment to Commissioner James Gartner by Maria Huizar, Clerk of the Council. CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar MOTION: Alderete VOTE: AYES: NOES: ABSTAIN: ABSENT: B. MINUTES Alderete, Betar None (0) Yrarrazaval (1) None (0) SECOND: Betancourt court, Gartner, Leo, Turner (5) MOTION: Approve the minutes of the regular meeting of October 12, 2009. Commissioner Yrarrazaval abstained due to his absence from said meeting. C. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the October 12, 2009 Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on October 9, 2009 at 9:42 a.m. MOTION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR * * * riannmg Commission Minutes 1 October 26, 2009 BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioners Alderete and Turner discussed Conditional Use Permit No. 2009- 19 (carwash facility) with James Gartner, architect for the project. PROCEDURAL RULES PUBLIC HEARINGS 1. APPEAL NO. 2009-03 FOR CONDITIONAL USE PERMIT NO. 2009-16 Filed by Robert Zakar, appealing the Zoning Administrator's action regarding a Type 21 ABC license (off-premise sale of beer, wine and distilled spirits) at K & S Food Store at 2626 North Bristol Street, Unit B, located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 16, 2009 PUBLICLY NOTICED: October 16, 2009 RECOMMENDATION: 1. Deny Appeal No. 2009-03. 2. Adopt a resolution denying Conditional Use Permit No. 2009-16. Assistant Planner Matt Foulkes presented the staff report and recommendation. No written communications were received. The public hearing was opened. Public speaking in support of ABC license: Applicant Weaam (William) Zakery and property owner Elias Kawaja. Applicant representative Robert Zakar provided Commission Chairman with exhibits in support of license: exhibit A - history of ABC licenses; B- Orange County (Off-sale licenses) and Census Tract for four owners, C -list of customers signature approvals, D - B & P Application Worksheet for 2626 N. Bristol dated December 12, 2007, E -copy of cancelled license that existed; G -record of prior license and violations, K -copy of September 24, 2008 Planning staff report for similar liquor license for Rite Aid, L - approval for Rite Aid for Type 21 ABC license, and exhibit M -letter of support from Victoria Groskreutz. The public hearing was closed. MOTION: 1. Deny Appeal No. 2009-03. 2. Adopt a resolution denying Conditional Use Permit No. 2009-16. MOTION: Betancourt SECOND: Yrarrazaval VOTE: AYES: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NO. 2009-19 Filed by James Gartner and Associates, on behalf of Santa Ana Express Carwash, requesting approval to construct an automatic carwash facility at 202 East First Street located in the General Commercial (C2) zoning district. Planning Commission Minutes 2 October 26, 2009 PUBLISHED IN THE ORANGE COUNTY REPORTER: October 16, 2009 PUBLICLY NOTICED: October 16, 2009 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2009-19 as conditioned. 1 Commission discussion ensued regarding number of stalls for vacuum service, materials, signage location, distance between tunnel and residents to south and east of the project; process for car drive-in through the facility; future site plan reviews by the planning staff and approvals by the commission and changing the hours of operation. No written communications were received. The public hearing was opened. JG and Associates representative Craig Richie spoke in support of the project. Commissioner Gartner abstained from voting on the item as he served as the architect for the project and left Council Chambers. Assistant Planner Matt Foulkes presented the staff report and recommendation. The public hearing was closed. C MOTION: Adopt a resolution approving Conditional Use Permit No. 2009-19 as conditioned. Planning Commission modified the hours of operation from 7:00 a.m. to 9:00 p.m. The Planning staff added a condition to require lot consolidation. MOTION: Alderete VOTE: AYES: NOES: ABSTAIN: ABSENT: Commissioner Gartner returned to Council Chambers. 3. Public Comments (for items not on the agenda) SECOND: Betancourt Alderete, Betancourt, Leo, Turner, Yrarrazaval (5) None (0) Gartner (1) None (0) No public members spoke. 4. Staff Comments STAFF AND COMMISSION COMMENTS No comments were made. J 5. Planning Commission Comments There were no comments requiring follow-up action. 6. Excuse of Absences 7. Adjournment 6:18 p.m. Martha Ramirez, Record' Secretary Planning Commission Minutes 3 October 26, 2009