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Home My WebLink About12-08-20031 1 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DECEMBER 8, 2003 CALLED TO ORDER 5:35 P.M. City Council Chambers 22 Civic Center Plaza, Santa Ana, California ATTENDANCE COMMISSIONERS Present: Alexander Nalle, Chairman Don Cribb, Vice Chair Harvey De La Torre Christopher Leo Tom Lutz Glenn Mondo Kimberly Sinclair STAFF PRESENT Steve Harding, Acting Exec. Dir. P/ng. & Bldg. Agency Jay Trevino, Planning Manager Benjamin Kaufman, Chief Assistant City Attorney Vince Fregoso, Senior Planner Mike McCoy, Police Department Yolanda Pena, Police Department Martha Ramirez, Commission Secretary PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR 1 Motion to approve the staff recommendations on the following Consent Calendar items. MOTION: Cribb VOTE: ABSENT: AYES: Cribb, De La Torre, NOES: None (0) None (0) A. APPROVAL OF MINUTES RECOMMENDATION: SECOND: Leo Leo, Lutz, Mondo, Nalle, Sinclair (7) Approve the minutes from the regular meeting of November 24, 2003. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the November 24, 2003 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on at November 21, 2003 at 10:25 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. PLANNING COMMISSION IvIIN[JTES DECEMBER 8, 2003 C. CONDITIONAL USE PERMIT NO. 2003-33 Filed by Cay Dua to allow a Type 41 on-sale beer and wine license for an existing restaurant at 3522 West First Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2003-33 as conditioned. **" END OF CONSENT CALENDAR **** BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) None noted. E. CONDITIONAL USE PERMIT NO. 2001-26 Annual review of the Orange County Christian Academy private school for kindergarten through 6th grade at 1440 East Santa Clara Avenue. RECOMMENDATION: Receive and file the staff report for the annual review of Conditional Use Permit No. 2001-26. Vince Fregoso, Senior Planner noted since project approved, two senior pastors have left the church. He met with new pastor and neighbors to review the history and work related to the project in order to maintain working relations with neighbors, school, and church. Motion to receive and file the staff report approving the annual review of Conditional Use Permit No. 200-26. MOTION: Lutz SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) F. SITE PLAN REVIEW NO. 2003-05 Filed by Rick Lutzky for First American Financial Corporation to construct atwo-story technology center at 9 East First American Way within Specific Development No. 43. RECOMMENDATION: Adopt a resolution approving Site Plan No. 2003-05 as conditioned. Bill Apple, Associate Planner, presented staff report and recommendation. Discussion ensued on the foot traffic, equipment screening and trees along the 55 freeway and property. Also noted, the technology center is considered the main hub. There will be four generators servicing this facility only. PLANNING COMMISSION MINUTES 2 DECEMBER 8, 2003 Motion to adopt a resolution approving Site Plan No. 2003-05 as conditioned. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) 1 Revised 12/22/03 PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2003-26 (Pulled from Consent Calendar and sef for Public Hearing by the Planning Commission on November 10, 2003.) Filed by John DeFrenza to allow a Type 20 ABC license in order to sell beer and wine for off-premise consumption in a deli/convenience store located at 3960 South Main Street, Unit D. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 28, 2003 PUBLICLY NOTICED: November 26, 2003 RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2003-26 as conditioned. Lucy Linnaus, Assistant Planner, presented staff report and recommendation. Discussion proceeded with the foot traffic, equipment screening, and trees along the 55 freeway. Chair Nalle open the public hearing. John De Frenza, architect of this project spoke in support of the project noting they applied for the conditional use permit as a safeguard if the development project exceeded the six month period adding the business owner has been in business for a long period of time and is in good standing with the Police Department. Commissioner Mondo noted concerns on Police Conditions Nos. 10, 11, and 12. Nadir Shovnia, owner, stated he has an unrestricted license during the past 14 years; noted not allowing single-sales would affect his business. He has letter of recommendation from police department. Chair Nalle closed public hearing. Motion to adopt a resolution approving Conditional Use Permit 2003-26 as conditioned, with the following exception, Police Condition No. 10 not to be considered (individual sales; Condition No. 11, and Condition No. 12 to be kept in recommendation. MOTION: Mondo VOTE: ABSENT: SECOND: Lutz AYES: Cribb, De La Torre, NOES: None (0) None (0) Leo, Lutz, Mondo, Nalle, Sinclair (7) PLANNING COMMISSION MINUTES 3 DECEMBER 8, 2003 COMMENTS 2. PUBLIC COMMENTS None 3. STAFF COMMENTS Steve Harding stated this was his first commission meeting he has attended and was pleased to be here. 4. PLANNING COMMISSION COMMENTS Commissioner Cribb • Requested update on painting Segerstrom grain building. Mr. Fregoso will follow up. • Asked for update on the Bombay Bicycle Club on Bristol Street. Mr. Fregoso noted the owner is remodeling. • Commented on the outstanding job at Krispy Kreme project on south Bristol. • Noted concerns with abandoned shopping carts on Edgewood/Main that are reported and not picked up. • Noted concern with mature Sycamore trees being cut. • Praised Cindy Nelson adding she was an outstanding administrator who was very resourceful and championed everything the commission cared for; should be recognized for all her contributions. Commissioner Lutz • Witnessed installatio may be unauthorized alignment, poles mod • H Salt Fish N Chips o will contact property • Indicated at last mee If anyone is intereste exact pole. Commiss Commissioner De La Torre n of cell antennas at 801 W. Civic Center, concerned this . Mr. Vince Fregoso will review plan regarding policy with ification and report back.to planning commission. n Washington/Bristol looks like a dumpsite. Mr. Fregoso owner to get area cleaned up. ting, discussion ensued about mounting pole on 17th Street. d, he found another pole on MacArthur & Jamboree, same loners encouraged to view site. • Requested One Broadway Plaza update. Mr. Trevino stated project still under review, EIR ready to be published by early 2004. Recommends bringing to study session, followed by public hearing. • Requested Centerline update. Mr. Fregoso will obtain map with draft of alignment showing issues/concerns Commissioner Mondo • Requested that staff reports indicate violations in terms of discretionary permits. • Inquired about signage on South Bristol near new Jack In The Box. • Welcomed Steve Harding. Commissioner Sinclair • Inquired as to why water tower is not lit at night. PLANNING COMMISSION NIINIJTES 4 DECEMBER 8, 2003 1 • Requested information on United Auto project, with staff report to be included in staff report. • Requested outdoor vending machines update. Mr. Fregoso mentioned item will be on December 22 agenda. • Inquired about policy on accepting gift/invitation to opening night at Original Mike's. Commissioner Nalle recommends planning commission exhibit good judgment and not be involved with this invitation. • Inquired about parking lot on 17th/Bush. Yolanda Pena, Police Department, stated owner uses as overflow parking for dance patrons. • Inquired about parking lot on Grand Avenue, Manoloa Apartments Mike McCoy, Police Department, indicated there was a complaint filed with code enforcement to legalize parking lot, owner chose not to follow through with permit for parking lot. • Requested fencing to protect public at Bristol/South Washington with installation of water fountains. Staff will follow up. Commissioner Mondo • Raised concern about whether Mike Harrah is getting special treatment with his projects in Santa Ana. If so, noted that this is wrong. 1 Commissioner Leo • Requested update on residential motels. Mr. Jay Trevino stated Ann Ni is preparing memorandum to go over status and outline options. Staff envisions planning commission study session in early 2004. • Inquired about processing contractors at the Planning counter. Mr. Vince Fregoso noted building contractor must show proof of business and state license, if not current must get updated, otherwise they don't get contract permits. Standard practice and valid city license are verified prior to working on project. • Requested update on Starbucks at Memory & Bristol. Mr. Fregoso met with Red Mountain to review plan, existing parking is considered too small; project due in two months. Signage on Grand & 17th placed by Red Mountain will be removed. • Inquired if map available denoting where licenses are and where non-compliance owners are located. Yolanda Pena, Police Department, states the maps are not available. Public Works. only identifies location and type of license. • Requested update on 22 Freeway repair project, noted Garden Grove not paying their share of repairs. Mr. Fregoso will review agreement and its impact on major streets. Commissioner Nalle • Asked to clarify statement by staff, "no land usage violation". Mr. Vince Fregoso explained the purpose of that verbiage and identified some of the potential issues that may be noted. 6. EXCUSE OF ABSENCES None 7. ADJOURNMENT 7:06 pm ~~. Z~ Ma ha Ramirez, Commissi Secretary PLANNING COMMISSION 1~~IINUT'ES 5 DECEMBER 8, 2003