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Home My WebLink About12/14/2009MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA December 14, 2009 CALLED TO ORDER: 5:35 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 CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar MOTION: Alderete SECOND: Yrarrazaval VOTE: AYES: Alderete, Betancourt ,Gartner, Leo, Turner, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES RECOMMENDED MOTION: Approve the minutes of the regular meeting of November 9, 2009. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the November 23, 2009 Notice for the Cancellation was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 19, 2009 at 8:46 a.m. Pursuant to the Brown Act, the November 9, 2009 Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 6, 2009 at 10:52a.m. RECOMMENDED MOTION: Instruct the Commission Secretary to enter posting into the minutes. C. MINOR EXCEPTION NO. 2009-05 Filed by Perry Burch, to allow a retail building to encroach into the side yard setback at 1003 South Bristol Street located in the Bristol Street Corridor Specific Plan (SP1) zoning district. Planning Commission Minutes 1 December 14, 2009 RECOMMENDED MOTION: Confirm the Zoning Administrator's action approving Minor Exception No. 2009-05 as conditioned. * * * END OF CONSENT CALENDAR BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Betancourt, Alderete and Gartner met and/or spoke with the developer for the Nexus project. E. SITE PLAN REVIEW NO. 2009-03 Filed by the Nexus Development Corporation, to modify the previously approved elevations for a new Courtyard by Marriott Hotel within the MacArthur Place South development at 6 East MacArthur Place. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2009-03 as conditioned. Principal Planner Vince Fregoso presented the staff report and recommendation. MOTION: Adopt a resolution approving Site Plan Review No. 2009-03 as conditioned. Vice Chairman Alderete wanted to note that his reason for voting in opposition to the request was specifically in regard to the overall quality of the building design and its incompatibility with the City's vision for this marquee area. Commissioner Turner voted in opposition to the facade modification due to the original concerns regarding changes to the previously approved Specific Development plan that allowed a hotel in place of a stand-alone retail component. MOTION: Betancourt SECOND: Gartner AYES: Betancourt ,Gartner, Leo, Yrarrazaval (4) NOES: Alderete, Turner (2) ABSTAIN: None (0) ABSENT: None (0) PROCEDURAL RULES PUBLIC HEARINGS COMBINED DISCUSSIONS AND MOTION FOR BOTH ITEMS 1 AND 2 _ 1. APPEAL NO. 2009-06 FOR CONDITIONAL USE PERMIT NO. 2004-21 Filed by Justin Reuter/Joey Mendes, applicants for the Proof Bar, are appealing the Zoning Administrator's decision regarding modifications to Conditional Use Permit No. 2004-21 at 215 North Broadway located within the Central Business- Artists Village (C3-A) zoning District. Planning Commission Minutes 2 December 14, 2009 PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Deny Appeal No. 2009-06. 2. Uphold the Zoning Administrator's action granting in part and denying in part modifications to Conditional Use Permit No. 2004-21. Principal Planner Sergio Klotz presented the staff report and recommendation. 2. MODIFICATIONS TO VARIANCE NO. 2004-09 Filed by Justin Reuter/Joey Mendes, applicants for the Proof Bar, to allow modifications to Variance No. 2004-09 at 215 North Broadway located in the Central Business-Artists Village (C3-A) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Adopt a resolution approving modifications to Variance No. 2004-09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. 2. Adopt a resolution denying modifications to Variance No. 2004-09 pertaining to dancing modification and an open rear door. These conditions are to remain in place. Principal Planner Klotz presented the staff report and recommendation. Commission discussion ensued regarding access to the alley via the rear door for purposes of patron smoking, the restrictions on outdoor dining permits in the public right-of-way, the potential for incompatibility of the bar use with nearby residential uses due to the possible issuance of noise from the bar were the back door to remain open, the availability of emergency access to the alley, pending modifications for dancing requirement and request for periodic review reports from the SAPD to the Commission. SAPD Officer Pena provided a summary of service calls related to the Proof Bar. The public hearing was opened. Applicant Justin Reuter provided the Commission with letters of support from Dennis Cubbage, CSUF Grand Central Art Center located at the Artists Village and Carrie Polonsky with The Court at Artists Village managed by Advanced Management Company. Co-applicant Joey Mendes clarified that they wished to withdraw the portion of the appeal requesting a patio for alcohol service in the alley, and allowing patron dancing pending modifications to the SAMC regarding dancing. Public speaking in support of the project: Phil Bacerra, Santa Ana resident; Kevin Poush, account executive for OC Weekly; David Hastie, Santa Ana resident and Planning Commission Minutes 3 December 14, 2009 owner of Memphis Restaurant; Nathan Hudle; James Kendrick, owner of Rags Newsstand; Jason Rutherford, Santa Ana resident; and Travis Raymond, Santa Ana resident. Commissioner Yrarrazaval recommended allowing open door rear access of the bar, but without any furniture. He also noted that Exhibit 3 was incorrect, as there is no "new exterior patio". The applicants stated they no longer were seeking approval of an outdoor patio. The public hearing was closed. MOTION FOR PUBLIC HEARING ITEMS 1 AND 2: 1. Grant Appeal No. 2009-06 as amended by the applicant to withdraw requests for outdoor patio alcohol service, dancing (pending modifications to the SAMC as it pertains to dancing), and reducing the hours of operation. 2. Uphold the Zoning Administrator's action granting in part and denying in part modifications to Conditional Use Permit No. 2004-21, with the exception of those items addressed in Appeal No. 2009-06 and as conditioned. 3. Adopt a resolution approving modifications to Variance No. 2004-09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level, ability to leave the rear door open to the alley, and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. MOTION: Yrarrazaval SECOND: Gartner AYES: Alderete, Betancourt ,Gartner, Leo, Turner, Yrarrazaval (6) NOES: ABSTAIN: None (0) None (0) ABSENT: None (0) 3. MODIFICATION TO CONDITIONAL USE PERMIT NO. 2006-21 AND VARIANCE NO. 2009-04 Filed by Sequoia Deployment Services for a modification to Conditional Use Permit No. 2006-21 and Variance No. 2009-04, to allow an increase in height for a second carrier on an existing 60 foot high facility 2649-3/4 West First Street located in the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Adopt a resolution approving modifications to Conditional Use Permit No. 2006-21 as conditioned. 2. Adopt a resolution approving Variance No. 2009-04 as conditioned. Associate Planner Larry Yenglin presented the staff report and recommendation. The public hearing was opened. Gil Gonzalez, representing AT&T, spoke in support of the project. The public hearing was closed. MOTION: 1. Adopt a resolution approving modifications to Conditional Use Permit No. 2006-21 as conditioned. 2. Adopt a resolution approving Variance No. 2009-04 as conditioned. Planning Commission Minutes 4 December 14, 2009 MOTION: Betancourt SECOND: Gartner AYES: Alderete, Betancourt ,Gartner, Leo, Turner, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 1 4. Public Comments (for items not on the agenda) No public members spoke. STAFF AND COMMISSION COMMENTS 5. Staff Comments Executive Director Trevino wished the Commission a Happy New Year and announced the cancellation for the December 28, 2009 regular meeting. 6. Planning Commission Comments All Commissioners extended holiday wishes to everyone. Chairman Leo requested an update on activities for the first quarter of 2010. Executive Director Trevino provided the information. 1 7. Excuse of Absences 8. Adjournment 7:41 p.m. art Ramirez Recording Secretary Planning Commission Minutes 5 December 14, 2009