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HomeMy WebLinkAbout09-27-2004ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA SEPTEMBER 27, 2004 1 1 CALL TO ORDER 5:36 P.M. CITY HALL ROSS ANNEX 20 CIVIC CENTER PLAZA, FIRST FLOOR CONFERENCE ROOM 1600 ATTENDANCE: COMMISSIONERS Present Glenn Mondo, Chairman Don Cribb (left at 7:50 p.m.) Harvey De La Torre Tom Lutz Alexander Nalle Kimberly Sinclair COMMISSIONERS ABSENT: Christopher Leo, Vice Chairman STAFF PRESENT: Stephen Harding, Exec. Dir. Planning & Bldg. Agency Benjamin Kaufman, Chief Assistant City Attorney Jay Trevino, Planning Manager Vince Fregoso, Senior Planner Sergio Klotz, Senior Planner Mike McCoy, Santa Ana Police Department Yolanda Pena, Santa Ana Police Department Martha Ramirez, Recording Secretary CONSENT CALENDAR Motion: Approve the staff recommendations on the Consent Calendar, but pull Item D for further discussion. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) 1 A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of September 13, 2004. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the September 13, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on September 10, 2004 at 8:23 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. NEIGHBORHOOD PROJECT REVIEW NO. 2004-09 (Pedro Guillen) Filed by Esperanza Cabrera to allow the construction of a detached garage at 612 West Camille Street in the Specific Development 40 zone (Heninger Park). Planning Commission Minutes September 27, 2004 RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 2004-09 D. CONDITIONAL USE PERMIT NO.2004-19 Filed by Caribou Industries to allow a Type 47 Alcohol Beverage Control license for on-sale of beer, wine and distilled spirits for consumption in a proposed restaurant and theater, Orange County Performing Arts Pavilion, at 801 N. Main Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-19 as conditioned. Chief Assistant City Attorney Kaufman reminded the Commission that they have two options with this item, to receive and file or to open a public hearing. Chairman Mondo allowed comments from the public. Public comments: Pat McGuigan and Steve McGuigan, who expressed concerns with the proposal. Commission discussed conditional use permit modifications imposed by the Zoning Administrator, location of the bar with reference to the restaurant and theater, ancillary uses, type of events planned at the theater, and the use of outside promoters for the entertainment venue. Motion: Receive and file the staff report approving Conditional Use Permit No. 2004-19 with the following modifications: (1) Added the word "bar" to Planning Condition No. 11 "no live entertainment...in the restaurant, bar, or theater", (2) Removed the word, "not" from the last sentence of Planning Condition No. 13; and (3) added a new Planning condition that would prohibit the use of outside promoters. MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle (5) NOES: Sinclair (1) ABSENT: Leo (1) ABSTAIN: None (0) E. CONDITIONAL USE PERMIT NO. 2004-21 (Sergio Klotz) Filed by Jon Reiser to allow a Type 48 Alcoholic Beverage Control license for a bar at 215 North Broadway. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-21 as conditioned. F. VARIANCE NO.2004-09 (Sergio Klotz) Filed by Jon Reiser to grant relief from SAMC 41-191, Regulated Uses for a bar at 215 North Broadway. RECOMMENDATION: Adopt a resolution approving Variance No. 2004-09 as conditioned. Planning Commission Minutes 2 September 27, 2004 * * * END OF CONSENT CALENDAR BUSINESS CALENDAR 1 G. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb had conversation with William Beaubeaux from Caribou Industries regarding 801 North Main Street, Orange County Performing Arts Pavilion. Chairman Mondo had conversations with William Beaubeaux, Caribou Industries, regarding signage at Original Mike's and proposed theater at 801 N. Main Street. H. SITE PLAN REVIEW N0.2004-04 Filed by Lutzky Associates representing First American Financial Corporation to construct a two level parking structure at 8 East First American Way within Specific Development No. 43. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2004-04 as conditioned. Bill Apple, Case Planner, presented the staff report and recommendation. Commission discussion ensued regarding the elevations, entrance/exit for the structure, and landscaping. ~J Motion: Adopt a resolution approving Site Plan Review No. 2004-04 MOTION: Nalle SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) I. ORIGINAL MIKE'S LANDSCAPING PLANS (Marvin Ellenbecker) Filed by Caribou Industries to allow changes to the landscape plan for Original Mike's restaurant at 100 South Main Street. RECOMMENDATION: Deny applicant's request to amend the landscape plan. Vince Fregoso, Senior Planner presented the staff report and recommendation. He reviewed the discrepancy between the approved plan and the actual planting of trees on the premises. C Public comments: Jeff Dickman expressed concerns that the applicant had not complied with the approved plans. Commission discussion ensued regarding planting additional Sycamore trees on the First and Walnut Street sidewalks, and pine trees on Walnut Street. Planning Manager indicated that the trees are in the right of way. Transportation Manager suggested there might be something preventing the planting of trees at this site (utilities, storm drain, catch basins). Commission discussed the discrepancy with the proposed site plan and the actual tree selections. Planning Commission Minutes September 27, 2004 Michael Harrah, property owner, noted that he planted palms trees in an attempt to have trees that are green year-round. He also stated that palm trees exist on adjacent properties. Motion: Deny applicant's request to amend the landscape plan. Motion: Lutz 2"d Cribb Substitute Motion: Leave existing palm trees on-site, add Sycamore trees within the public right-of-way on First and Sycamore Streets and add pine trees with the public right-of-way on Walnut Street as determined feasible by staff. MOTION: De La Torre SECOND: Sinclair VOTE: AYES: Cribb, Lutz, Mondo, Nalle (4) NOES: De La Torre, Sinclair (2) ABSENT: Leo (1) ABSTAIN: None (0) WORK STUDY SESSION J. OVERVIEW OF LIMITATIONS ON DEDICATIONS. EXACTIONS AND CONDITIONS OF APPROVAL (Ben Kaufman) Continue to October 11, 2004 K. Recess to Council Chambers (6:41 p.m.) C C Planning Commission Minutes 4 September 27, 2004 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA SEPTEMBER 27, 2004 ROLL CALL 6:52 P.M. Same staff present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS VARIANCE NO.2004-07 (Continued by Planning Commission: August 23, 2004 to September 27, 2004; Public Hearing closed) Filed by Caribou Industries to obtain variances from various provisions on the sign code for Original Mike's Restaurant at 100 South Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 13, 2004 PUBLICLY NOTICED: August 13, 2004 RECOMMENDATION: Deny Variance No. 2004-07 (A1, A2, A3) for Sign No. 1; (C1) for Sign No. 4; (C3) for Sign No. 4; (D2, D3) for Sign No. 5, (E) for Sign No. 6; (F) for Sign No. 7; (G1, G2) for Sign No. 8 and (G3) for Sign No. 8, (H) for Sign No. 9; and (I) for Sign No. 10. Approve Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned (Signs 2 and 3); (C2) to allow the painted wall sign above the ground level of the building as conditioned (Sign 4); (D1) to allow the projecting sign to extend more than four feet as conditioned (Sign 5). Vince Fregoso presented the staff report and recommendation. Chairman Mondo opened the public hearing. Public in support of project: Duane Contento, representing Caribou Industries as its sign contractor, urged approval of the signs. Chairman Mondo closed the public hearing. Motion: Deny Variance No. 2004-07 (A1, A2, A3) for Sign No. 1 MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: Motion: None (0) Approve Variance No. 2004-07 (B) for Signs 2 and 3; and referred Sign 3 to Historic Resources Com mission for review of facade modifications. MOTION: Mondo SECOND: Sinclair VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Planning Commission Minutes 5 September 27, 2004 Motion: Approve Variance No. 2004-07 (C1, C2) for Sign No. 4 and deny slogan on signage (C3) for Sign No. 4 MOTION: Mondo SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Approve Variance No. 2004-07 (D1, D2) for Sign No. 5; modified to prohibit chasing lights with LED or neon lighting; and deny (D3), limiting to five items on the sign. MOTION: Mondo SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Continue for further discussion, Variance 2004-07 item (E) for Sign No. 6 to Planning Commission meeting on October 11, 2004 MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Deny Variance 2004-07 (F) for Sign No. 7 MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Deny Variance 2004-07 (G1, G2, G3) for Sign No. 8 MOTION: Mondo SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Deny Variance 2004-07(H) for Sign No. 9 MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) Motion: Deny Variance 2004-07 (I) for Sign No. 10 MOTION: Mondo SECOND: Cribb Planning Commission Minutes 6 September 27, 2004 VOTE: AYES: Cribb, De La Torre, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Leo (1) ABSTAIN: None (0) 2. VARIANCE N0.2004-08 AND VARIANCE N0.2004-10 (Lucy Linnaus) Filed by Caribou Industries to allow off-site parking and to provide exceptions from various provisions of the sign code for the Orange County Performing Arts Pavilion at 801 North Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 17, 2004 PUBLICLY NOTICED: September 17, 2004 RECOMMENDATION: Adopt a resolution approving Variance No. 2004-08 for parking as conditioned. Deny Variance No. 2004-10 (A1, A2) for Sign No. A; (B1) for Sign No. B; (C1, C2) for Sign No. C; (D1, D2, D3, D4, D5) for Sign No. D; and (E1) for Sign No. E. Lucy Linnaus presented the staff report and recommendation. Commission discussion ensued regarding cabinet signage, no live entertainment, no outside third-party promoters, and security guards for parking sites. Chairman Mondo opened the public hearing. Public comments: Paul Giles expressed concerns about crowd control, noise control and off-site parking. Steve McGuigan expressed concerns with parking and trash receptacles. Barbara Des Rocher expressed concerns with overflow parking into her business lot. Kim Gerda noted applicant failed to meet with the neighbors to discuss parking and other issues dealing with the health and welfare of the surrounding community. Catherine Cate expressed concerns with parking and urged Commission to take proactive approach to all community concerns. Duane M. Contento, representing Caribou Industries as its sign contractor, discussed the cabinet signs and urged Commission approval. Mr. Contento reviewed the logo box and clarified signage specifications for the proposed site. Jeff Dickman stated that project notification was not given to the neighborhood. William Beaubeaux stated that Council member Bist and he attended a meeting last year to inform the French Park Neighborhood Association about the project. Mr. Beaubeaux stated he met previously with Mr. Giles to discuss a plan for parking and was informed that a presentation was not necessary. Debbie McEwen commented that the project has undertaken several configurations to the original plan and expressed concerns with parking. Planning Commission Minutes 7 September 27, 2004 Michael Harrah stated that parking attendants would be available to direct parking, indicated there is sufficient parking, stated tour buses will utilize off-site parking; noted two trash enclosures will be built on-site; indicated that he would comply with landscaping plans; and also, that reader signs and other signage would be reviewed with the Planning staff. Chairman Mondo closed the public hearing. Staff discussed parking and indicated that a parking analysis had concluded there was ample parking. The use of a recording studio (Exhibit 5) is considered an ancillary use and is subject to the same restriction on hours of operation. Commission discussed the use of adjoining parking lots, maintenance for parking sites and roof top signs. Motion: Adopt a resolution approving Variance No. 2004-08 for parking as conditioned with the following addition and amendments: (1) Add two conditions to reflect Conditions No. 11 and No. 14 from Conditional Use Permit 2004-19. (2) Amend Police Condition No. 5 to reflect Condition No. 21 from Conditional Use Permit No. 2004-19. (3) Add a condition to require a parking management plan to be submitted to staff to address the bus/trailer parking for the theater prior to issuance of the certificate of occupancy. MOTION: Mondo SECOND: Nalle VOTE: AYES: De La Torre, Lutz, Mondo, Nalle (4) NOES: Sinclair (1) ABSENT: Cribb, Leo (2) ABSTAIN: None (0) Motion: Deny Variance No. 2004-10 (A1, A2) for Sign No. A MOTION: Mondo SECOND: De La Torre VOTE: AYES: De La Torre, Lutz, Mondo, Nalle, Sinclair (5) NOES: None (0) ABSENT: Cribb, Leo (2) ABSTAIN: None (0) Motion: Continue the following items on Variance No. 2004-10 for further discussion at the October 11, 2004 Planning Commission meeting: (B1) for Sign No. B, (C1) for Sign No. C ; (D1, D2, D3, D5) for Sign No. D; and (E1) for Sign No. E. Note that on Variance 2004-10 applicant indicated he would comply with city standards and withdrew application request for (C2) for Sign No. C and (D4) for Sign No. D. MOTION: Nalle SECOND: De La Torre VOTE: AYES: De La Torre, Lutz, Mondo, Nalle, Sinclair (5) NOES: None (0) ABSENT: Cribb, Leo (2) ABSTAIN: None (0) 3. Public Comments (for items not on the agenda) Planning Commission Minutes 8 September 27, 2004 Catherine Cate questioned Mr. Harrah's statement that the theater would be a "world class entertainment venue" in terms of what it meant and noted that no single venue will serve every entertainment purpose. STAFF AND COMMISSION COMMENTS 4. Staff Comments No comments 1 5. Planning Commission Comments Commissioner Lutz • No comments Commissioner Sinclair • Requested Code Enforcement review of shopping center on 17t" Street between Ross and Jefferson. • Requested Code Enforcement review of unfinished wall and other construction at 2048 Greenleaf. Commissioner Nalle • Inquired about the procedure for public outreach. Staff provided clarification regarding the 300 ft. radius for mailed notices and explained that notices are also published in the Orange County Reporter. Commissioner De La Torre • No comments Chairman Mondo • No comments i 6. Excuse of Absences Motioned by Commissioner Lutz, Seconded by Commissioner Nalle to excuse the absence of Commissioner Leo, approved 5:0. 7. Adjournment 8:59 pm G~~C~l Martha Ramirez Recording Secretary u Planning Commission Minutes 9 September 27, 2004