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HomeMy WebLinkAbout06-28-2004ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA JUNE 28, 2004 1 CALLED TO ORDER 5:30 P.M. City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, California ATTENDANCE COMMISSIONERS Present: Glenn Mondo, Chairman, Christopher Leo, Vice Chair Don Cribb Harvey De La Torre Tom Lutz Alexander Nalle Kimberly Sinclair STAFF PRESENT Stephen Harding, Exec. Dir. Planning & Bldg. Agency Benjamin Kaufman, Chief Assistant City Attorney Jay Trevino, Planning Manager Vince Fregoso, Senior Planner Manuel Gomez, Transportation Manager Mike McCoy, Police Department Rosa Barela, Acting Recording Secretary CONSENT CALENDAR Chairman Mondo announced the following modification to the Consent Calendar: • Commissioner De La Torre requested that item C be pulled for separate discussion. Motion to approve the remaining staff recommendations on the following Consent Calendar items with modifications to the minutes. MOTION: Cribb SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) ~~ A. APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes from the regular meeting of June 14, 2004. n ~J B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the June 14, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on June 11, 2004 at 10:43 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. Filed by Hue Restaurant to allow a Type 41 ABC license for an existing restaurant at 413 North Euclid. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2004-04 as conditioned. 1 Commissioner De La Torre noted concern on the history of violations and complaints and asked staff if they see this as potential harm by approving. Ms. Pena noted the Police Department position was of unconditional denial based on their current track record and noted the Zoning Administrator position was that there was not enough strong evidence to deny the application. Terrance Shannon, attorney for applicant, noted the outstanding citations are unresolved and added his client discussed and reviewed their citations and complaints with the Zoning Administrator who added additional conditions. Mr. Shannon noted his client is willing to go the extra length in order to prove to the city he is a fine businessman. Motion to set as a public hearing and continue 30 days. MOTION: Mondo SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR 1 BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb disclosed a conversation with Mr. Harrah regarding 1St and Main (Item E). Commissioner Lutz disclosed a conversation with the architect for Sparklean Laundry (Item 6). Commissioner Nalle disclosed a conversation with Mr. Budge and Mr. Merrill from Sparklean Laundry (Item 6). Chairman Mondo disclosed he received a voice mail from the architect of Sparklean Laundry (Item 6) and spoke with Eric Nelson of Red Mountain Group on the proposed Starbuck's project (Item 4). WORK STUDY SESSION E. REVIEW OF ENTRY PLAZA FOR FIRST AND MAIN STREETS Vince Fregoso distributed blue prints for the entry plaza at First and Main Streets noting that one of the conditions of approval was that the plans come back to the Commission for review. He noted that staff found them to be in compliance subject to minor landscape changes. Mr. Trevino noted this is an informational item and no formal action is required by the Commission. Mr. Fregoso then reviewed the amenities of the entry plaza. PLANNING COMMISSION MINUTES 2 JUNE 28, 2004 Taken out of agenda order. G. REVIEW AND DISCUSSION OF PROPOSED ORDINANCE FOR BAIL BONDS Mr. Fregoso provided background on the moratorium on bail bonds adding staff has studied the issues and development regulations, and introduced Lucy Linnaus, Assistant Planner II. Ms. Linnaus reviewed the bail bond proposed regulations that were recommended following meetings with bail bond operators and neighborhood representatives. Commission discussion ensued on the proposed regulations and the feedback from businesses. Don Kilmer, representing Bad Boy Bail Bonds, noted they had sent a letter threatening litigation adding they will need to review their stance given new criteria. Courtney Stanley of Bad Boy Bail Bonds inquired where bail bond offices are permitted. F. REVIEW AND DISCUSSION REGARDING PLANNING COMMISSION PRIORITIES Chairman Mondo provided background information on the development of Commission goals and objectives and the limitations due to budget and staffing constraints. Chairman Mondo suggested that the Commission focus again on what their consensus objective is so that Commission can reasonably reach given existing staffing and budget. Jay Trevino discussed Commission objectives and noted the funding, staff resources and priorities are established by the City Council. Discussion ensued on the general plan, coordinating the Commission priorities with the Council, and possibly using student resources. Chairman Mondo requested that this discussion continue at an afternoon session at the first available opportunity. Mr. Harding noted he would be happy to facilitate. H. RECESS TO THE COUNCIL CHAMBERS - 6:31 P.M. 1 PLANNING COMMISSION MINUTES 3 JUNE 28, 2004 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA JUNE 28, 2004 ROLL CALL Same members present PLEDGE OF ALLEGIANCE PROCEDURAL RULES PUBLIC HEARINGS 6:41 P.M. 1. CONDITIONAL USE PERMIT N0.2003-29 (Continued by the Planning Commission: November 24, 2003 to December 22, 2003; and December 22, 2003 to January 26, 2004. Public Hearing closed on November 24, 2003. Continued for 60 days -March 22 to May 24, 2004; May 24, 2004 to June 14, 2004; and June 14, 2004 to June 28, 2004.) Filed by Cingular Wireless to allow a wireless communication facility, a 46-foot freestanding stealth monopine, in the Arterial Commercial (C5) zoning district at 1710- 1730 East 17th Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-381. 2. Adopt a resolution approving Conditional Use Permit No. 2003-29 as conditioned. Ann Ni, Associate Planner, presented the staff report and recommendation. Discussion ensued on the location of the monopine and the size of the canary island pine trees. Chairman Mondo opened the public hearing. Rob Perez, WFI representing Cingular Wireless, noted the applicant was acceptable in placing taller pine trees. Chairman Mondo closed the public hearing. Motion to: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-381. 2. Adopt a resolution approving Conditional Use Permit No. 2003-29 as conditioned. 3. Increase size of two live canary island pine trees to at least 20 to 25 feet . MOTION: Lutz SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) 2. DEVELOPMENT AGREEMENT NO. 2004-02 AND AMENDMENT TO CONDITIONAL USE PERMIT N0.2002-16 Filed by Diocese of Orange to approve a development agreement and an amendment to an existing conditional use permit for the Christ Our Savior Cathedral Parish at 2001 West MacArthur Boulevard. PLANNING COMMISSION MINUTES 4 JUNE 28, 2004 PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: Recommend that the City Council: 1. Adopt an ordinance approving Development Agreement No. 2004-02. 2. Adopt a resolution approving the amendment to Conditional Use Permit No. 2002-16 Vince Fregoso, Senior Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing. Discussion ensued on the plans for an architectural design competition, the wording within the development agreement for the future site plan review by the Commission and landscape program. Joe Novoa, Diocese of Orange Director of Construction Management, noted it was their intent to landscape the perimeter. Chairman Mondo closed the public hearing. Motion to recommend that the City Council: 1. Adopt an ordinance approving Development Agreement No. 2004-02. 2. Adopt a resolution approving the amendment to Conditional Use Permif No. 2002-16. 3. Amendment to paragraph 5.12 of the Development Agreement regarding the "No further design architectural review shall be required other than set forth in this section." Add a condition for perimeter landscaping. MOTION: Nalle SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) 3. GENERAL PLAN AMENDMENT NO.2004-04 Filed by the City of Santa Ana to amend various sections of the City of Santa Ana Public Safety; Conservation; Open Space, Parks and Recreation; and Land Use Elements of the General Plan to ensure watershed and storm water quality and quantity management for the National Pollutant Discharge Elimination System citywide. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004- 143. 2. Adopt a resolution approving General Plan Amendment No. 2004-04. Pedro Guillen, Assistant Planner I, presented the staff report and recommendation. Chairman Mondo opened the public hearing. No written communications were received and there were no speakers on the matter. Chairman Mondo closed the public hearing. Chairman Mondo commented on the location of wetlands in the City and discussed the feasibility of implementing the proposed measures. PLANNING COMMISSION MINUTES 5 JUNE 28, 2004 Motion to recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004-143. 2. Adopt a resolution approving General Plan Amendment No. 2004-04. MOTION: Leo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) 4. VARIANCE NO. 2004-05 AND AMENDMENT TO CONDITIONAL USE PERMIT N0.2003-17 Commissioner Nalle noted potential conflict and left the room. Filed by Red Mountain Retail Group to allow drive through window service for a proposed eating establishment and to allow a reduction in the number of required parking stalls for a new commercial development at 2701 North Bristol Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-181. 2. Adopt a resolution approving Variance No. 2004-05 as conditioned. 3. Adopt a resolution amending Conditional Use Permit No. 2003-17. Carlos Rodriguez, Assistant Planner I, presented the staff report and recommendation. Chairman Mondo opened the public hearing. Eric Nelson, Applicant, provided a history on the project, apologized to the Commission, and discussed modifications from the original proposal. Jerry Wood, Julie Stroud, Dave Hoen, Tom Smalley and Pat Murphy spoke in support of the project. Chairman Mondo closed the public hearing. Vice Chair Leo noted he will abstain, noting concern about prior communications from the developer with the neighborhoods. He also stated concerns about parking. He then left the room. Discussion ensued on the parking, the stacking at the drive-through, safety for children, the addition of the one store, patio size, the stop signs for traffic, traffic flow, the parking and traffic at the Starbuck's at Main St. and Town & Country, and decreasing the number of units back to three. Pat Murphy, Applicant, addressed issues raised by the Commission. Commissioner De La Torre noted he will be abstaining on the vote because of not having an open mind on this decision adding it was not proper for him. He then left the room. Motion to continue 45 days for the applicant and staff to discuss size of the proposed project, landscape and circulation issues. Eric Nelson noted he is willing to sit with staff and come with arrangement that will work to address the Commission concerns. MOTION: Lutz SECOND: Cribb VOTE: AYES: Cribb, Lutz, Mondo, Sinclair (4) NOES: None (0) ABSENT: De La Torre, Leo, Nalle (3) PLANNING COMMISSION MINUTES 6 JUNE 28, 2004 5. GENERAL PLAN AMENDMENT N0.2004-06 Filed by the City of Santa Ana to amend the General Plan Circulation Element Implementation Program protecting local streets. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004-153. 2. Adopt a resolution approving General Plan Amendment No. 2004-06. Melanie McCann, Associate Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing. Maria Haro, President of Heninger Park Neighborhood Association, noted concern on receiving neighborhood consideration on traffic barriers. Chairman Mondo closed the public hearing. Discussion ensued on the amendment to the circulation element, review by ETAC, current litigation on traffic diverters, draft resolutions and effect on neighborhoods. Motion to recommend that the Cify Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004- 153. 2. Adopt a resolution approving General Plan Amendment No. 2004-06, and Any interested Commissioners can contact staff to provide additional input. MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: De La Torre (1) ABSENT: None (0) 6. CONDITIONAL USE PERMIT N0.2004-05 Filed by William Budge on behalf of Sparklean, to allow the operation of a laundromat within the South Main Street Commercial (C-SM) zoning district at 1117 South Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 18, 2004 PUBLICLY NOTICED: June 18, 2004 RECOMMENDATION: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2003-259. 2. Adopt a resolution approving Conditional Use Permit No. 2004-05 as conditioned. Bob St. Paul, Associate Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing. Chairman Mondo noted the most recent letter received from Wilshire Square Neighborhood Association was in opposition. Van Merrill, of Sparklean Laundry, provided background information and amenities of the various laundromat locations noting they agree to the requirements and conditions. Bill Budge, representing Applicant, noted support of the project from area neighborhoods and South Santa Ana Merchants Association and discussed the outreach they have done with the neighborhood and Lathrop Intermediate School. PLANNING COMMISSION MINUTES 7 JUNE 28, 2004 1 Mary Bloom-Ramos and Mario Haro spoke in support of the project. James Kendrick spoke in opposition of the project. Glen Stroud noted concern on the review and enforcement and the effect after the mobile vending ordinance comes to effect. Chairman Mondo closed the public hearing. Discussion ensued on the condition and need of laundromats in the city and the location. Motion to deny Conditional Use Permit No. 2004-05. MOTION: Cribb SECOND: Sinclair VOTE: AYES: Cribb, De La Torre, Lutz, Sinclair (4) NOES: Leo, Mondo, Nalle (3) ABSENT: None (0) COMMENTS 7. Public Comments James Kendrick thanked the Commissioners that support the renaissance of Santa Ana. Glen Stroud noted concern on the abstentions for the proposed Starbuck's project. Julie Stroud noted that the comment made that Red Mountain was not truthful to the neighborhoods was incorrect adding she had been in numerous meetings with them. Dave Hoen noted concern on the continuation of the Starbuck's item and encouraged the Commission to work with Red Mountain adding they have worked with the neighborhoods. 1 8. Staff Comments -None 9. Planning Commission Comments Commissioner Lutz • Reported that the Volkswagen in the H Salt Fish & Chips parking lot has not been removed. Requested staff investigate whether anything can be done to address the dead grass at 1111 W. Washington, which is related to the ice cream pushcart at that location. • Requested staff investigate if parking is permitted at the old gas station located at the southeast corner of 17th and Bush. • Complimented staff on their presentation at the ComLink meeting. 1 Commissioner Sinclair • Inquired about the old Moose's Lodge on 17th Street. Staff answered plans are for it to be a Planned Parenthood office. • Noted she also reported the vehicle parked in the H Salt Fish & Chips adding it is becoming a weekend used car lot and asked that staff inquire with the owner on plans for the building and have the property fenced. • Asked for an update on the old Bank of America building rehabilitation. Mr. Harding noted that the building had been issued a stop work order, discussed the agreement letter the city has with Caribou Industries and added staff will route a copy of the building construction report. Vice Chair Leo • Asked for an update on his request of the location of the Jacuzzi at 2017 North Ross noting the Jacuzzi and motor is on the property line. Staff noted the request is still pending. • Noted he abstained on the Starbuck's project because his perspective was adversely affected by the applicant's prior actions, adding he will be happy to listen if the project is revised to address Commission comments. PLANNING COMMISSION MINUTES 8 JUNE 28, 2004 Commissioner Cribb • Noted that a property owner at 1330 South Broadway has been cited twice for an unkempt front yard; adding it is a landscaped treatment as opposed to a yard, and requested that there be discussion on design standards at the Ad Hoc. • Asked for an update on the Crazy Horse Square. Mr. Fregoso noted the project is in the site plan review process and should come before the Commission in approximately six weeks. Commissioner Cribb asked that the project come back to the Commission as a study session item. • Asked for an update on the South Coast Winery & Cafe. Mr. Fregoso noted he will contact the applicant as to the status of the project. • Asked for an update on the McDonald's project on South Bristol. Mr. Fregoso answered they are in plan check. • Asked that there be study session discussion on the Santa Ana River and Memory Lane Triangle. Mr. Harding noted the acquisition is on the backburner and will provide the Commission with a status report of where that is and let them know if CDA plans on pursuing acquisition. Commissioner De La Torre • Asked if they are required to leave the room if they abstain from a vote. Mr. Kaufman noted in the affirmative, adding if the member could not vote objectively on an item they have a common law conflict and cannot vote. Mr. De La Torre noted that was the reason why he departed and not in disrespect towards the applicant. Commissioner Nalle • Noted he abstained on the matter to avoid any possible conflict of interest. Chairman Mondo • Asked if staff had a calendaring system that tracks the long-term projects such as the development agreement for the church. Mr. Kaufman noted the development agreement requires the applicant to go through an annual review and the city also has a computerized program, SAPIN, that tracks projects. • Noted the need to review the standards for the drive-throughs in terms of the type of operation such as In-N-Out Burger and Starbuck's in which traffic backs up. • Asked how to monitor applicants who note they are going to donate a portion of profits to a school such as Sparklean so they follow-up with what they are offering. Mr. Kaufman noted a possible agreement with the school district. Chair Mondo requested that staff take steps to lock them in on what they are proposing. • Asked for follow-up on the traffic resolution comments in the negative declaration for the General Plan Amendment for the Airport Environs Element with respect to neighborhood traffic plans. • Asked for an update on the Farmers Site. Mr. Fregoso noted SAUSD extended the agreement with the private developer. • Asked when the Brookhollow Office Park condominium/planned unit development will come to the Commission for review and asked staff to work with the applicant to maintain some uniformity among the buildings. Mr. Fregoso noted plans were submitted for site plan review and should come to the Commission in about two to three months. 10. Excuse of Absences -None 11. Adjournment - 9:29 P.M. ~_ Rosa Barela Acting Recording Secretary PLANNING COMMISSION MINUTES 9 JUNE 28, 2004