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HomeMy WebLinkAbout09-23-20021 D ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA SEPTEMBER 23, 2002 CALLED TO ORDER 5:35 P.M. City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, California ATTENDANCE COMMISSIONERS Present: Alexander Nalle, Chairman Don Cribb Molly Doughty -- 5:40 Christopher Leo Glenn Mondo Lynnette Verino, Vice Chair COMMISSIONERS Absent: Robert Richardson STAFF PRESENT Cynthia Nelson, Deputy City Manager Benjamin Kaufman, Chief Assistant City Attorney Joyce Amerson, Transportation Manager Mike McCoy, Police Department Yolanda Pena, Police Department Laura Johnson, Recording Secretary Item C was pulled for vote. CONSENT CALENDAR Motion to approve staff recommendations on the remaining Consent Calendar items. MOTION: Mondo SECOND: Leo VOTE: AYES: Cribb, Leo, Mondo, Nalle, Verino (5) NOES: None (0) ABSENT: Doughty, Richardson (2) A. APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes from the regular meeting of August 26, 2002 B. RECORDING SECRETARY REPORT RECOMMENDATION: 1 Instruct the Commission Secretary to enter into the minutes. The August 26, 2002 Agenda was posted at the City Hall Council Chambers on August 22, 2002 at 3:00 p.m. MOTION: Mondo SECOND: Leo VOTE: AYES: Cribb, Mondo, Leo, Nalle, Verino (5) NOES: None (0) ABSENT: Doughty, Richardson (2) C. CONDITIONAL USE PERMIT NO.2002-15 Filed by Trader Joe's to allow a type 20 ABC License in conjunction with a specialty store at 3329 S. Bristol Street. RECOMMENDATION: 1. Receive and file the staff report approving Conditional Use Permit No. 2002-15 as conditioned. 2. Authorize a letter of public convenience and necessity for a Type 20 Alcoholic Beverage Control License. Clarification regarding the police department recommendation for denial was requested. Yolanda Pena, Santa Ana Police Department, advised the Commission that the Zoning Administrator had overturned the police department recommendation. Discussion was held regarding the approval process for ABC licenses. MOTION: Cribb SECOND: Mondo VOTE: AYES: Cribb, Mondo, Nalle, Verino (4) NOES: Leo (1) ABSENT: Doughty, Richardson (2) * * * END OF CONSENT CALENDAR BUSINESS CALENDAR Matters listed on the Business Calendar are general proposals for new legislation or items requiring discussion. D. ENVIRONMENTAL IMPACT REPORT 1998-01 (Dave Biondolillo) Filed by the City of Santa Ana to certify the Environmental Impact Report for the Grand Avenue Widening project located on North Grand Avenue between Walnut and Seventeenth Streets. RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution certifying Finai Environmental Impact Report (EIR) No. 1998- 01 and approve the mitigation monitoring program and statement of overriding considerations for the Grand Avenue Widening Project. 2. Approve Alternative 2 as the build alternative for the project. Dave Biondolillo, Transportation Analyst, presented the staff report and recommendation. Clarification on the proposed carpool lanes on northbound Grand Avenue provided. Discussion was held regarding the reuse plan, potential impact on homes that would be designated as historic, undergrounding of utilities and landscaping. Motion to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report (EIR) No. 1998- 01 and approve the mitigation monitoring program and statement of overriding considerations for the Grand Avenue Widening Project. 2. Approve Alternative 2 as the build alternative for the project. PLANNING COMMISSION MINUTES 2 September 23, 2002 MOTION: Cribb SECOND: Verino VOTE: AYES: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) WORK STUDY SESSION 1 F. NEIGHBORHOOD TRAFFIC PLANS Jim Ross, Executive Director Public Works, noted that data regarding traffic plans and work efforts with the neighborhoods had been distributed and advised that a study session with the City Council had also been held. He advised the Commission that the goal was to have this information included in the GIS System and the City web site. Discussion was held regarding permit parking. G. Recess To Council Chambers - 6:00 The Commission recessed to the Council Chambers located at 22 Civic Center Plaza. J n ~l PLANNING COMMISSION MINUTES September 23, 2002 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA SEPTEMBER 23, 2002 ROLL CALL 6:10 P.M. All Present PLEDGE OF ALLEGIANCE PROCEDURAL RULES PUBLIC HEARINGS 1. ENVIRONMENTAL IMPACT REPORT N0.2000-01, ZONING ORDINANCE AMENDMENT NO. 2002-04, CONDITIONAL USE PERMIT N0.2002-16, VESTING TENTATIVE TRACT MAP NO. 2002-03, SITE PLAN REVIEW NO. 2002-06 AND STREET NAME CHANGE 2002-01 (Vince Fregoso) Filed by Segerstrom and Sons to certify the Environmental Impact Report, allow a church as a conditionally permitted use and an increase in the allowable height in the SD-4 zoning district, to allow the construction of a Catholic Cathedral, subdivide a parcel to allow 156 single-family residential units, and approve street names for the Armstrong Ranch development project located at 1801-2001 W. MacArthur Blvd. PUBLISHED IN THE REGISTER: September 13, 2002 PUBLICLY NOTICED: September 13, 2002 RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution certifying Environmental Impact Report No. 2000-01 and approve the mitigation monitoring program and statement of overriding considerations. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2002-04 3. Adopt a resolution approving Conditional Use Permit No. 2002-16 as conditioned. 4. Adopt a resolution approving Vesting Tentative Tract Map No. 2002-03 (County map 16311) 5. Adopt a resolution approving Site Plan Review No. 2002-06 as conditioned. 6. Adopt a resolution approving Street Name No. 2002-01. Vince Fregoso, Senior Planner, presented the staff report and recommendation. Commissioner's Mondo, Cribb, Doughty, Leo noted that they had met with a representative of the applicant in the past. Chairman Nalle also disclosed that he had met with a representative of the applicant. PLANNING COMMISSION MINUTES 4 September 23, 2002 Paul Freeman, Segerstrom & Sons, noted that the project had changed over the last two years as a direct result of Planning Commission input and advised that he was available for questions. Todd Funk, Shea Homes, thanked staff for their assistance with the project and advised that he was available for questions. Joe Novoa, Diocese of Orange, noted that the project would be something the City can be proud of and that he was available for questions. Chairman Nalle opened the public hearing. Barbara Armstrong Phillips, Santa Ana resident, spoke in support of the project, provided a historical background of the area and the contributions that the Armstrong family had made, and requested that a street in the project be named after the Armstrong family. Henry Panian, Professor Emeritus Orange Coast College, spoke in support of the project and the request to name a street after the Armstrong family. Jim Walker, Santa Ana resident, noted that he was not opposed to the project but was opposed to the Environmental Impact Report (EIR) as he did not believe it had been distributed in a timely manner and it did not adequately address the concerns of the Sandpoint neighborhood. Chairman Nalle closed the public hearing. Commissioner Doughty requested clarification regarding the location of the potential structures and distribution of the EIR. Dan Bott, Environmental Coordinator, advised that the EIR had been distributed pursuant to CEQA regulations. He also noted that in response to concerns regarding the potential impacts to the Sandpoint neighborhood research had determined that MacArthur is designated a truck route; however, low traffic volume would create minimal impact and that measures had been included that would minimize construction traffic, air quality, and noise impacts. The improvements to the 405, 55, and 73 freeways were included in the traffic analysis for the project. Furthermore he explained that the traffic volumes east of Bristol and MacArthur decrease to a point to where it would result in minimal traffic, air quality, or noise impacts and were not included in the EIR. Discussion was held regarding the architecture of the proposed cathedral and the opportunities that the Planning Commission will have for input in the project. Discussion also held regarding the parking lot for the proposed church and the potential for multifamily units. Clarification regarding neighborhood outreach. requested and Mr. Fregoso advised that several meetings with various neighborhoods had been held and he had received positive feedback. Affordability of proposed homes discussed. 1. Motion to recommend that the City Council adopt a resolution certifying Environmental Impact Report No. 2000-01 and approve the mitigation monitoring program and statement of overriding considerations. MOTION: Doughty SECOND: Mondo VOTE: AYES: Cribb, Doughty, Mondo, Nalle, Verino (5) NOES: None (0) ABSENT: Richardson (1) ABSTAIN: Leo (1) 2. Motion to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2002-04 MOTION: Doughty SECOND: Cribb VOTE: AYES: Cribb, Doughty, Mondo, Leo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) PLANNING COMMISSION MINUTES 5 September 23, 2002 3. Motion to recommend that the City Council adopt a resolution approving Conditional Use Permit No. 2002-16 as condifioned. MOTION: Doughty SECOND: Verino VOTE: AYES: Cribb, Doughty, Mondo, Leo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) 4. Motion to recommend that the City Council adopt a resolution approving Vesting Tentative Tract Map No. 2002-03 (County map 16311). MOTION: Doughty SECOND: Verino VOTE: AYES: Cribb, Doughty, Mondo, Nalle, Verino (5) NOES: Leo (1) ABSENT: Richardson (1) ABSTENTION: None (0) 5. Motion to recommend that the City Council adopt a resolution approving Site Plan Review no. 2002-06 as conditioned. MOTION: Doughty SECOND: Mondo VOTE: AYES: Cribb, Doughty, Mondo, Nalle, Verino (5) NOES: Leo (1) ABSENT: Richardson (1) ABSTENTION: None (0) 6. Motion to recommend that the City Council adopt a resolution approving Street Name No. 2002-01. MOTION: Doughty SECOND: Mondo VOTE: AYES: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) 2. CONDITIONAL USE PERMIT N0.2002-12, CONDITIONAL USE PERMIT NO. 2002-13 AND VARIANCE NO. 2002-08 Filed by BP West Coast Products to construct a service station and mini-market, allow hours of operation between 12:00 midnight and 5:00 a.m., allow for a Type 20 ABC license, and to permit a driveway within 150 feet of an intersection corner radius at 1727 East Dyer Road. PUBLISHED IN THE REGISTER: September 13, 2002 PUBLICLY NOTICED: September 13, 2002 RECOMMENDATION: 1. Approve and adopt Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2002-15. 2. Adopt a resolution approving Conditional Use Permit No. 2002-12A as conditioned. PLANNING COMMISSION MINUTES 6 September 23, 2002 3. Adopt a resolution approving Conditional Use Permit No. 2002-12B as conditioned. 4. Adopt a resolution denying Conditional Use Permit No. 2002-13. 5. Adopt a resolution approving Variance No. 2002-08 as conditioned. Bill Apple, Associate Planner, presented the staff report and recommendation. Discussion was held regarding the approval process and why the request for an ABC license had not gone to the Zoning Administrator. Clarification provided on the potential to place restrictions on the hours during which alcoholic beverages could be sold. Chairman Nalle opened the public hearing. Kent Allen, representing applicant, thanked staff for their assistance with the project. He noted that the applicant agreed with all recommendations and conditions with the exception of the denial of the ABC license and that the denial will have an adverse economic impact. He advised the Commission that they would be willing to place restrictions on the hours that alcoholic beverages are available for sale. Chairman Nalle closed the public hearing. Motion to: 1. Approve and adopt Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2002-15. 2. Adopt a resolution approving Conditional Use Permit No. 2002-12A as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2002-12B as conditioned. 4. Adopt a resolution approving Variance No. 2002-08 as conditioned. 1 MOTION: Mondo VOTE: AYES: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) SECOND: Cribb Motion to continue Conditional Use Permit No. 2002-13 until October 28, 2002. MOTION: Doughty SECOND: Leo VOTE: AYES: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) 3. CONDITIONAL USE PERMIT NO. 2002-14 AND VARIANCE NO.2002-09 Filed by Universal Discount Mall to legalize an existing indoor swapmeet and reduce the minimum off-street parking and landscaping requirements at 2029 West First Street. PUBLISHED IN THE REGISTER: September 13, 2002 PUBLICLY NOTICED: September 13, 2002 RECOMMENDATION: 1. Adopt a resolution denying Conditional Use Permit No. 2002-14. 2. Adopt a resolution denying Variance No. 2002-09. Ann Ni, Associate Planner, provided the staff report and recommendation. She provided a background of the issue and outlined the current conditions at the site. PLANNING COMMISSION MINUTES 7 September 23, 2002 She also noted that the Certificate of Occupancy clearly stated that it was not approved for use as an indoor swap mall. Chairman Nalle opened the public hearing. Wayne Avrashow, attorney for applicant, advised that they have been in operation since 1989 with over 60 entrepreneurs. He noted that prior to opening in 1989 the applicant submitted plans that the City approved without requiring further discretionary action. He stated that the site is cleaned daily but that donations for the Thrift Store next door are frequently left on the property. He also noted that the property has one owner but is two parcels. Payless Stores and Farmers Santa Ana Marker lease the front of the property with Universal Discount Mall leasing the back; therefore, they believe there is more than adequate setback and that the parking is adequate if the area occupied by Payless is not considered. He also noted that the applicant has submitted a landscaping plan that meets City Code. There were no additional speakers on the matter. Chairman Nalle closed the public hearing. Commissioner Mondo noted that the site was one of the worst looking pieces of property in Santa Ana and that the Certificate of Occupancy specifically states that an indoor swap mall is not a permitted activity. He asked the applicant why he believed that the swap mall was a permitted use and was advised by Mr. Avrashow that the plans originally submitted by the applicant were approved; therefore, it had been assumed the activity was permitted. Discussion was held regarding the amount of parking at the site and how the number of available spaces had been determined, original approved site plan, number of applications for certificate of occupancy from vendors that had been denied, and approved vendor business licenses. Discussion ensued regarding the applicants lease from the property owner, the average rent charged for each stall, and why the issue had not been dealt with earlier. Ms. Nelson noted that the issue had not been dealt with earlier as staff had not been available for commercial code enforcement duties. In 1989 the applicant had initially applied for a Conditional Use Permit for an indoor swap mall but when advised that a parking variance would be required he did not proceed with the application. He then proceeded to rent spaces for use as an indoor swap mall. Motion to continue Conditional Use Permit No. 2002-14 and Variance No. 2002-09 until October 28, 2002 to allow time for the Planning Commissioners to review the original plans that had been referenced. MOTION: Mondo SECOND: Verino VOTE: AYES: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) Commissioner Verino noted that she wanted it clear that this was a separate issue from the criminal prosecution issue and that it needed to be reviewed from the viewpoint of what it is today. There is an obligation and responsibility to clean up mistakes of the past. This issue will set a precedent for other properties. Commercial code enforcement efforts are just beginning and there will be other properties to consider. Chairman Nalle noted the property needed to be cleaned up and encouraged the applicant to make the effort. PLANNING COMMISSION MINUTES 8 September 23, 2002 COMMENTS 4. Public Comments None 5. Comments from the Staff None 6. Comments from the Planning Commission Commissioner Leo • Requested an update on the Starbucks development at Bristol and Memory Lane and was advised that staff was working with the developer on the drive-through issue. • Requested that staff keep the Planning Commission apprised of impacts to Santa Ana related to the widening of the 22 freeway as the project progresses. • Thanked staff for work on the traffic issues. Commissioner Mondo • Noted that he had observed some payphones on Bristol and requested an update on enforcement efforts. Ms. Nelson advised that enforcement was being done systematically. • Asked if coordination with the Finance Department was possible regarding the issuance of business licenses. Ms. Nelson advised that this had been taken care of. Commissioner Verino • Noted that the Washington Square Mardi Gras was scheduled for October 5, 2002 and invited all to attend. Commissioner Cribb • Noted that the Artist Village sign on westbound Santa Ana Boulevard at Bush Street is located on the far right but at Main is on the far left and is confusing. He requested that they be changed to make it easier for people to follow the directions. • Asked if the Environmental and Transportation Advisory Committee could be requested to review tree recommendations for Cottonwood and Lynwood Streets east of Grand. • Asked if a study could be done on how to reduce or mitigate the negative impact of utility boxes. • Thanked staff for work on Armstrong Ranch Project. He noted that Santa Ana was providing a considerable amount of affordable housing and that this project would fill a need to provide housing for professional persons who might otherwise locate elsewhere. Commissioner Doughty • Noted that she agreed with Commissioner Cribb and was pleased with the Armstrong Ranch Project. • Expressed disappointment that Lupe's Restaurant had closed. Chairman Nalle • Asked if there were any Ficus trees in Santa Ana and was advised that there were however there was an effort to remove them because they caused damage to sidewalks. • Asked if the Fire Department had been out to the Swap Mall site and was advised that they had not; all citations have been issued by Code Enforcement. • Asked if for clarification regarding the number of parking spaces that would be required at the swap mall if the Payless Store was not considered. He was advised that under that assumption 300 spaces would be required. 7. Excuse of Absences Motion by Commissioner Doughty and seconded by Commissioner Mondo to excuse the absence of Commissioner Richardson and approved unanimously by a vote of 6:0. PLANNING COMMISSION MINUTES 9 September 23, 2002 8. Adjournment -- 8:32 p.m.