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HomeMy WebLinkAbout11-24-2003ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA 1 1 CALLED TO ORDER ATTENDANCE NOVEMBER 24, 2003 5:34 P.M. City Council Chambers 22 Civic Center Plaza, Santa Ana, California COMMISSIONERS Present: Alexander Nalle, Chairman Don Cribb, Vice Chair Harvey De La Torre Christopher Leo Tom Lutz Glenn Mondo Kimberly Sinclair STAFF PRESENT Jay Trevino, Planning Manager Benjamin Kaufman, Chief Assistant City Attorney Vince Fregoso, Senior Planner Manuel Gomez, Transportation Manager Mike McCoy, Police Department Yolanda Pena, Police Department Martha Ramirez, Commission Secretary Rosa Barela, Acting Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR • Commissioner Leo abstained on item A. Motion to approve the staff recommendations on the following Consent Calendar items. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, NOES: None (0) ABSENT: None (0) A. APPROVAL OF MINUTES RECOMMENDATION: Leo, Lutz, Mondo, Nalle, Sinclair (7) Approve the minutes from the regular meeting of November 10, 2003. 1 *Leo abstained on Item A. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act and the Maddy Act, the November 10, 2003 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 7, 2003 at 9:14 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * "END OF CONSENT CALENDAR * WORK STUDY SESSION C. SANTA ANA BOULEVARD SPECIFIC PLAN UPDATE Maya De Rosa, Senior Planner, provided an update on the Santa Ana Boulevard Specific Plan bounded by French Street, Third Street, Poinsettia and Civic Center Drive. Ms. De Rosa described the historic properties in the area, the proximity to the The Depot, Downtown, and the proposed Centerline, the properties owned by the Redevelopment Agency, the housing opportunities for the project, the vision, proposed mixed-use condominiums, Brown Street Paseo to The Depot, and live-work/mixed-use concepts. Ms. De Rosa noted staff will conduct outreach to the Santa Ana Unified School District, conduct a study session with the City Council at the January 20 meeting, provide an update to the Commission in February 2004, begin the environmental process and general plan amendment with the anticipated date of adoption of the plan set for February 2005. Discussion ensued on open space element, a possible library site, the rehabilitation of the apartment buildings, costs for relocation, ingress and egress on Santa Ana Blvd. and Civic Center Drive. BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioners Leo, Mondo, Lutz and Nalle disclosed they spoke with one of the applicant representatives concerning public hearing Item 3 on the proposed Jasmine Adult Day Care. Commissioner Sinclair disclosed she attended the neighborhood meeting at the Archangel Michael Coptic Orthodox Church on November 20 (Item E). E. CONDITIONAL USE PERMIT NO. 2003-23 (Continubd by the Planning Commission: October 13, 2003 to October 27, 2003; and October 27, 2003 to November 24, 2003. Public hearing closed on October 27, 2003.) Filed by the Archangel Michael Coptic Orthodox Church located at 4405 West Edinger Avenue to allow the expansion of the church parking lot and to modify an existing condition of approval to allow two church services at one time. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 12, 2003 PUBLICLY NOTICED: ' September 12, 2003 RECOMMENDATION: 1. Adopt a resolution denying Conditional Use Permit No. 2003-23. 2. Deny the request to modify a condition of approval for Conditional Use Permit No. 88-11. Vince Fregoso, Senior Planner, noted staff went out to the site and concluded the four proposed stalls cannot be accommodated and reported on a neighborhood meeting at the church. Discussion ensued on the liquor store parking, parking intrusion in the neighborhood, noise, traffic and landscaping. Pat McGuigan, resident, spoke on the history of approval of the church and noted support of the parking expansion. George Behnam, architect for applicant, spoke on the willingness for the church to work with the neighbors and the support of any conditions. Mark Rice, resident, noted his willingness to work with the church so he may be able to live in his home during construction and move if the parking expansion is approved. PLANNING COMMISSION MINUTES 2 NOVEMBER 24, 2003 Motion to: 1 1. Adopt a resolution approving Conditional Use Permit No. 2003-23 with the following additional conditions: a, Construct an eight-foot decorative block wall along the north property line of the new parking lot with landscaping. b. Construct a temporary chain link fence with green mesh two feet from residence during parking lot construction. c. Walls to be constructed be done in such a manner that there would be no access to the church property from Regent Circle including pastor's residence with all access through Edinger. d. Recommend to the City Council that a parking district be established for the streets impacted by church parking which includes Elliott, Regent, Lilac and Gate Streets. e. No on-site special events in parking lot such as swap meets, fairs, bazaars and church sales, f, Reduce the number of seats in the social hall to a maximum of 150 to comply with on-site parking. g. That the existing pastor's residence near Mr. Vetter's residence be repaired, repainted and relandscaped. 2, Approve the request to modify a condition of approval for Conditional Use Permit No. 88-11.' MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, Mondo, Nalle, Sinclair (4) NOES:. De La Torre, Leo, Lutz (3) ABSENT: None (0) 1 F. AMENDMENT APPLICATION NO. 2003-08 AND CONDITIONAL USE PERMIT NO.2003-28 (Continued by the Planning Commission on October 27, 2003 to November 24, 2003. Public Hearing closed on October 27, 2003.) Filed by Hogle-Ireland for McDonalds Restaurants to allow for a zone change from Commercial Residential (CR) to General Commercial (C2), and adrive-through window service for a new eating establishment located at 3810 South Bristol Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 17, 2003 PUBLICLY NOTICED: October 15, 2003 RECOMMENDATION: Recommend that the City Council: 1. Deny Amendment Application No. 2003-08. 2. Adopt a resolution denying Conditional Use Permit No. 2003-28. Verny Carvajal, Associate Planner, noted staff met with the applicant to discuss the revisions to the proposed plans relating to stacking distance, architecture and landscaping and presented a revised site plan. Discussion ensued on the-types of various stone materials. L John Lueken, of McDonald's Corporation, noted agreement for conditions of approval and requested that Police Condition No. 10, which prohibits outdoor dining, be eliminated. Discussion ensued on the outdoor dining area. Motion to recommend that the City Council: 1, Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-254. 2. Adopt an ordinance approving Amendment Application No. 2003-08, PLANNING COMMISSION MINUTES 3 NOVEMBER 24, 2003 3. Adopt a resolution approving Conditional Use Permit No. 2003-28 as conditioned. 4. Include condition that staff recommend a more durable and higher quality stone. 5. Select Option B architecture with the elimination of the "M" on building window. 6. Modify Police Condition No. 10 to allow the outdoor dining until 7 p.m. on Fridays, Saturdays and Sundays. 1 MOTION: Leo VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) G. LANDSCAPING AND LIGHTING PLANS FOR KENTUCKY FRIED CHICKEN/ LONG JOHN SILVER'S RESTAURANT (Continued by the Planning Commission on November 10, 2003 to November 24, 2003.) SECOND: Cribb RECOMMENDATION: Approve the landscaping and lighting plans as submitted. Ann Ni, Associate Planner, provided staff report and recommendation. Motion to approve the landscaping and lighting plans as submitted. J MOTION: Leo SECOND: Mondo VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: None (0) ABSENT: None (0) PUB~.IC HEARINGS PROCEDURAL RULES 7:0># P.M. 1. AMENDMENT APPLICATION NO. 200.3-09, GENERAL PLAN AMENDIVIE NO. 2003-05, CONbITIONAL USE PERMIT. NO. 2003-31, AND VAFt1ANCE N 2003-08 (Continubd by the Planning Commission on November 10, 2003 to November 24, 2003.) Filed by Caribou Industries to change the existing Zoning Designation from General Commercial (C2) to Specific Development 72 (SD-72), the existing General Plan Designation from General Commercial (GC) to District Center (DC), to allow conditional use permits for Student Housing Units, and a variance for a reduction of parking at 100 South Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 31, 2003 PUBLICLY NOTICED: October 31, 2003 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-100. 2. Adopt a resolution approving General Plan Amendment No. 2003-05. 3. Adopt an ordinance approving Amendment Application No. 2003-09. 4. Adopt an ordinance establishing Specific Development No. 72. 5. Adopt a resolution approving Conditional Use Permit No. 2003-31 as conditioned to allow the reuse of nine student rental housing units. 6. Adopt a resolution approving Variance No. 2003-08 as conditioned. Bob St. Paul, Associate Planner, presented the staff report and recommendation. PLANNING COMMISSION MINUTES 4 NOVEMBER 24, 2003 Discussion ensued on the conditions, rooftop billboards, the live/work rental units, parking, proposed restaurant, negotiations for the Tang property, entrance cover charge, signage, live entertainment in the pedestrian plaza, courtyard plans, permit parking in the Heninger Park neighborhood and the main entrance. Chairman Nalle opened the public hearing 1 Michelle Higbee, Heninger Park Historical District resident, noted concern on the increased parking in the neighborhood. Maria Haro, President of Heninger Park Historical District, noted they had just received the staff report and noted concern on the number of live/work units. Andree Weger, resident of Heninger Park, noted the need for more time to review the staff report and noted concern on the historical aspect of the building and parking. Ben Grabiel, member of Santa Ana Historical Preservation Society, requested more time to review information and noted concem on remediation measures for lead based paint and asbestos, and lack of parking. Michael Harrah, Applicant, commented on project noting the building has neither lead based paint nor asbestos, and provided background information on the project and addressed Commission inquiries. Vice Chair Cribb departed at 8:06 p.m. Chairman Nalle closed the public hearing. Vince Fregoso noted staff requests a 30-day continuance to incorporate changes in document, address Planning Commission concerns and clarify the staff report. Motion to continue to December 22, 2003. MOTION: Mondo SECOND: De La Torre VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Cribb (1) 2. CONDITIONAL USE PERMIT NO. 2003-29 Filed by Cingular Wireless to allow a wireless communication facility, a 60-foot freestanding stealth flagpole, in the Arterial Commercial (C5) zoning district at 1710- 1730 East 17~' Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 14, 2003 PUBLICLY NOTICED: November 13, 2003 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. 1 Ann Ni, Associate Planner, presented the staff report and recommendation. Chairman Nalle opened the public hearing. Chris Monfort, of Wireless Facilities Inc. representing Applicant, commented on the other types of poles available adding the antennas are located in the flagpole cylinder. Chairman Nalle closed the public hearing. Discussion ensued on concern on the maintenance provision, the size of the pole and flag, location of pole and noticing to the area residents. PLANNING COMMISSION MINUTES NOVEMBER 24, 2003 Motion to continue to December 22, 2003, and direct staff to look at alternative locations for the pole. MOTION: Leo SECOND: Sinclair VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Cribb (1) 3. CONDITIONAL USE PERMIT NO. 2003-32 Filed by Sapetto Government Solutions for Jasmine Adult Day Health Care to operate in the professional District at 1920 East Deere Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 14, 2003 PUBLICLY NOTICED: November 13, 2003 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration, Environmental Review No. 2003-109. 2. Adopt a resolution approving Conditional Use Permit No. 2003-32 as conditioned. Bill Apple, Associate Planner, presented the staff report and recommendation. Chairman Nalle opened the public hearing. Pamela Sapetto, of Sapetto Government Solutions representing Applicant, noted they were available for any questions the Commission might have. Chairman Nalle closed the public hearing. Motion to: 1. Approve and adopt the Mitigated Negative Declaration, Environmental Review No. 2003-109. 2. Adopt a resolution approving Conditional Use Permit No. 2003-32 as conditioned. MOTION: Lutz SECOND: Leo VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: None (0) ABSENT: Cribb (1) COMMENTS 4. Public Comments -None 5. Staff Comments -None 6. Planning Commission Comments Commissioner Leo • Requested an update on the ordinance affecting residential motels adding he is attempting to find individuals who might be interested in acquiring motels. • Asked if staff can assist developer currently in the process of acquiring property on the corner of 15t and Broadway, which are either apartments or condos. Commissioner Sinclair • .Asked that staff provide an update at the December 22 meeting on outdoor vending and where that stands in terms of application to the affected businesses. • Noted concern on the packet delivery and on certain agenda items the need for study session discussion. PLANNING COMMISSION MINUTES 6 NOVEMBER 24, 2003 Commissioner Mondo • Asked that staff investigate panhandlers who are at center medians at Harbor & Warner and Harbor & MacArthur and reported constant sales at the 55 Freeway and MacArthur at the city entry-ways. • Requested that staff investigate traffic in the evenings at Main and First Street noting people enter intersection on a green and block traffic and requested enforcement and possibly the posting of signs; and noted numerous left hand turns that cross double solid lines that backup traffic on Main Street. Commissioner Lutz • Requested that staff investigate the status of the new room addition at 1108 or 1106 Freeman. • Reported constant graffiti on the billboard above the 300 Cafe at Third & Main Streets and asked staff to contact the owner of the tree behind the property on getting it trimmed to deter access to the billboard. • Reported graffiti above Togo's on 17"' St. and requested staff remove or contact Togo's for removal. Chairman Nalle • Welcomed Jay Trevino and added thanks to staff. 7. Excuse of Absences -None 8. ADJOURNMENT - 8:58 P.M. Rosa Barela Recording Secretary 1 PLANNING COMMISSION MINUTES 7 NOVEMBER 24, 2003