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Home My WebLink About02-28-2005ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA February 28, 2005 CALL TO ORDER: 5:20 P.M. CITY HALL ROSS ANNEX CONFERENCE 1600 20 CIVIC CENTER PLAZA ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb Harvey De La Torre James Gartner Christopher Leo, Vice Chairman Tom Lutz Glenn Mondo, Chairman Alexander Nalle STAFF PRESENT: Steve Harding, Ex. Dir., Plan. & Bldg. Agency Jay Trevino, Planning Manager Ben Kaufman, Chief Assistant City Attorney Kylee Otto, Deputy City Attorney Karen Haluza, Principal Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items; Item C was pulled for further discussion. MOTION: Cribb SECOND: Leo VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalte (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of February 14, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the February 14, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on February 11, 2005 at 7:52 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. VARIANCE NO. 2004-18 Filed by Regency Centers, Enrique Legaspi, to reduce the required on-site parking for FAMSA at 419 East First Street. manning commission minutes 1 February 28, 2005 RECOMMENDATION: Deny Variance No. 2004-18. Applicant's architect, Julio Gener spoke in support of the project. Mr. Gener commented on landscape improvements for entire site, indicated that missing trees would be replaced with additional planting, and indicated that repairs to the sidewalk are underway. Commission discussion ensued regarding lack of proper property maintenance and continued parking concerns. MOTION: Deny Variance No. 2004-18 MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR BUSINESS CALENDAR ITEM D WAS TAKEN OUT OF ORDER; COMMENTS WERE MADE PRIOR TO DISCUSSION OF ITEM C. D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb spoke with Mr. Rice regarding the Brookhollow project. Commissioner De La Torre spoke with Discovery Science Center representatives. Commissioner Gartner spoke with Mr. Rice regarding the Brookhollow project and with representatives from the Discovery Science Center and neighbors interested in the Discovery Science Center project. Commissioner Lutz spoke with Brookhollow representatives, residents regarding the Discovery Science Center and representatives of the Discovery Science Center. Commissioner Nalle spoke with Brookhollow representatives. Chairman Mondo spoke with Mr. Rice regarding the Brookhollow project. Vice Chair Leo spoke with Mr. Rice regarding the Brookhollow project and representatives from the Discovery Science Center. E. SITE PLAN REVIEW NO. 2005-01 (Continued by Planning Commission: February 74, 2005 to February 28, 2005) Filed by Discovery Science Center requesting a site plan approval to add an outdoor dinosaur dig exhibit including a 645 square foot quest building in the Specific Development District No. 65 (SD-65) at 2500 North Main Street. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2005-01 as conditioned. Associate Planner, Ann Ni reviewed the facts of findings and noted that the additional conditions on the Site Plan Review recognized on the Minutes of Planning Commission Minutes 2 February 28, 2005 February 14 were inadvertently omitted during printing and will be included in the final draft. Joe Adams of the Discovery Science Center gave a presentation addressing Commission's requests for additional information from the February 14th meeting. The presentation included: • A letter from Cal Trans stating that the proposed exhibit would not impact the freeway • An update on outreach efforts to the Park Santiago neighborhood • A scale model of the proposed exhibit • A detailed clay model of the proposed Argentinosaurus • Landscape Plans were illustrated with color charts • A booklet that included a colored rendering of the proposed exhibit and photo simulations • Revised landscape plans, colors and materials board and a detailed site plan Spoke in support of the project: David Rofsky, Bobbie Rooker. Commented in opposition to the project Cherie Kerr, Ruth Hasell. Rory Kirk ,President of the Park Santiago Neighborhood Association expressed concern that the neighborhood was not given sufficient time to review the project. Randy Sterett commented on the visibility of the dinosaurs. Commission discussion ensued regarding alternate locations for exhibit, visibility of the Argentinosaurus from freeway/Main Street, neighborhood screening, economic benefits, the additional 60-foot rocket versus dinosaur exhibit, and the possibility of further lowering the exhibit height by the use of additional excavation. MOTION: Continue item to Planning Commission on March 14, 2005 Business Calendar. MOTION: Leo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) H. Recess to Council Chambers (7:12 pm) 1 Planning Commission Minutes 3 February 28, 2005 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA FEBRUARY 28, 2005 ROLL CALL 7:27 P.M. With the exception of Don Cribb, the same Commissioners were present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEAR#NGS 1. CONDITIONAL USE PERMIT NO. 2004-30 (Continued by Planning Commission: February 14, 2005 Consent to February 28, 2005 Public Hearing) Filed by Shalabi Enterprises, Mike Shalabi to allow a Type 21 Alcoholic Beverage Control license for R Ranch Market in the Planned Shopping Center (C-4) zoning district at 1308 West Edinger Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 18, 2005 PUBLICLY NOTICED: February 17, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-30 as conditioned. Senior Planner, Vince Fregoso presented an overview of the staff reports and recommendations. Public hearing opened. Michael Cho, attorney representing the applicant spoke in support of the projects and presented a letter dated February 28, 2005 to the Commission requesting a modification to Condition No. 10 related to the sale of single-cans/bottles of beer. Commission discussion ensued regarding clarification to modify both Condition No. 10 and Condition No. 11, applicant's understanding of signage condition, and explanation of security guard condition. Mary Bloom-Ramos, Maria Haro and Michelle Higbee spoke in opposition to the liquor license issuance. Pat McGuigan spoke in opposition to liquor license at McFadden facility. Public hearing closed. Mr. Cho offered a response to the public comments. MOTION: Continue the item for two weeks and direct the Planning Staff to prepare findings of fact to deny Conditional Use Permit No. 2004-30 as conditioned. MOTION: Lutz SECOND: SUBSTITUTE MOTION: Approve Conditional Use Permit No. 2004-30 as conditioned and revise Condition No. 23 to delete the exception for seasonal displays. Planning Commission Minutes 4 February 28, 2005 MOTION: Nalle SECOND: Leo VOTE: AYES: De La Torre, Gartner, Leo, Mondo, Nalle (5) NOES: Lutz (1) ABSTAIN: None (0) ABSENT: Cribb (1) The applicant, Mike Shalabi and his attorney, Michael Cho, approached the podium and verbally requested that liquor license requests be withdrawn. 2. CONDITIONAL USE PERMIT NO. 2004-31 (Continued by Planning Commission.• February 14, 2005 Consent to February 28, 2005 Public Hearing) Filed by Shalabi Enterprises, Mike Shalabi to allow a Type 21 Alcoholic Beverage Control license for R Ranch Market in the Commercial South Main (CSM/R2-B) zoning district at 631 South Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 18, 2005 PUBLICLY NOTICED: February 17, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-31 as conditioned. Assistant Planner, Lucy Linnaus presented the staff report and recommendation. MOTION: Continue item to Planning Commission on March 14, 2005 and direct the Planning staff to prepare facts of findings denying Conditional Use Permit No. 2004- 31 as conditioned. MOTION: Leo SECOND: Nalle VOTE: AYES: De La Torre, Leo, Lutz, (3) NOES: Gartner, Mondo, Nalle (3) ABSTAIN: None (0) ABSENT: Cribb (1) Tie vote 3:3 SUBSTITUTE MOTION: March 14, 2005 MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: Continue the public hearing to Planning Commission on SECOND: Leo De La Torre, Gartner, Leo, Lutz, Mondo, Nalle(6) None (0) None (0) Cribb (1) The applicant, Mike Shalabi and his attorney, Michael Cho, approached the podium and verbally requested that liquor license requests be withdrawn. 3. CONDITIONAL USE PERMIT NO.2004-32 (Continued by Planning Commission: February 14, 2005 Consent to February 28, 2005 Public Hearing) Filed by Shalabi Enterprises, Mike Shalabi to allow a Type 21 Alcoholic Beverage Control license for R Ranch Market in the Planned Shopping Center (C-4) zoning district at 2521 West McFadden Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 18, 2005 PUBLICLY NOTICED: February 17, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-32 as conditioned. Planning Commission Minutes 5 February 28, 2005 Senior Planner, Vince Fregoso presented the staff report and recommendation. MOTION: Adopt a resolution approving Conditional Use Permit No. 2004-32 as conditioned and revise Condition No. 23 to delete the exception for seasonal displays and replace original Condition No. 14 text that had been stricken. MOTION: Leo SECOND: Nalle VOTE: AYES: None (0) NOES: None (0) ABSTAIN: None (0) ABSENT: Cribb (1) Prior to the vote being taken the applicant, Mike Shalabi and his attorney, Michael Cho, approached the podium and verbally requested that all three liquor license requests be withdrawn. 4. CONDITIONAL USE PERMIT N0.2005-01 AND MINOR EXCEPTION NO. 2005-01 Filed by Starlight Baptist Church to allow a church in the two-family residence (R2) zoning district and allow an off-site parking lot across the street at 1201 West Second Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 18, 2005 PUBLICLY NOTICED: February 17, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-446. 2. Adopt a resolution approving Conditional Use Permit No. 2005-01 as conditioned. 3. Adopt a resolution approving Minor Exception No. 2005-01 as conditioned. Associate Planner, Ann Ni presented the staff report and recommendation. Virginia Avila spoke in support of the project during the public hearing. Public hearing closed. MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-446. 2. Adopt a resolution approving Conditional Use Permit No. 2005-01 as conditioned. 3. Adopt a resolution approving Minor Exception No. 2005-01 as conditioned. MOTION: Nalle SECOND: Lutz VOTE: AYES: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Cribb (1) 5. TENTATIVE TRACT MAP NO. 2005-01(000NTY TRACT MAP NO. 16738) Filed by C. T. Realty Corporation to allow office condominiums and to subdivide property within the Brookhollow Office Park in Specific Development No. 8 at 1516, 1518, 1520, 1522, 1526 and 1528 East Warner Avenue PUBLISHED IN THE ORANGE COUNTY REPORTER: February 18, 2005 PUBLICLY NOTICED: February 17, 2005 Planning Commission Minutes 6 February 28, 2005 RECOMMENDATION: Deny Tentative Tract Map No. 2005-01 (County Tract Map No. 16738). Applicant, Dave Ball verbally requested a continuance to March 14, 2005. MOTION: Continue the public hearing to Planning Commission on March 14, 2005. MOTION: Lutz SECOND: De La Torre VOTE: AYES: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Cribb (1) 6. Public Comments (for items not on the agenda) No public comments were made. STAFF AND COMMISSION COMMENTS 7. Staff Comments No comments were made. 8. Planning Commission Comments Commissioner Lutz • Requested pothole repair at East Santa Ana Blvd., east of Mintor. • Commented on the damage to the railroad tracks at East St. Gertrude, between Grand/Standard, stated the wood materials between the rails have large bolts protruding. Which railroad company should be contacted? Commissioner Gartner • Thanked staff for Discovery Science Center presentation. Vice Chair Leo • Inquired about Martini Bar project at Santora Building. Planning Manager Trevino provided response. • Inquired about the resolution of the Santiago Loft project's easements. Executive Director Harding provided a response. • Requested an update of the Nexus project. Planning Manager Trevino provided a response. • Thanked staff for Discovery Science Center presentation. • Inquired about the Tustin annexation. Messrs. Harding and Trevino provided a response. Commissioner Nalle • Commented on funding options for pothole repairs. Principal Civic Engineer Amirani provided background on the City's contract for pothole repair services. • Inquired about repair of the reflecting pools at the Law Library. Staff to research and provide an update. Commissioner De La Torre • No comments Chair Mondo • Commented on increase of graffiti on Main Street. Santa Ana Police to provide information. Planning Commission Minutes 7 February 28, 2005 • Commented on graffiti at Rite Aid on First/Main Streets with the backlit signs. Inquired if owner adhering to conditions of approval. 9. Excuse of Absences 10. Adjournment (8:48 p.m.) 1 ~/~ ~ : ,~ ~ ,~ ~ fir, Martha Ramirez ,% Recording Secretary 1 1 Planning Commission Minutes 8 February 28, 2005