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HomeMy WebLinkAbout05/13/1996MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION MAY 13, 1996 The Regular Meeting of the Santa Ana Planning Commission was called to order by Madam Chair Brown at 6:10 p.m. in the City Council Chambers, located at 22 civic Center Plaza, Room 147 Santa Ana, California. Other Commissioners present included: Nalle, Oliver, Doughty, Pedroza, Segura, and Mondo arrived at 6:21 p.m. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheat z, Deputy City Attorney; Linda Hale, Senior Planner; Charles View, Senior Planner; Tom Childress, Associate Planner; Vince Fregoso, Associate Planner; Lynnette Pedroza, Assistant Planner iI; Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. A. Approval of the Miautes from the Regular Meeting of April 22, 1996. RECWQ~liDATION i Approve the Minutes of the Regular Meeting of April 22, 1996. b. Reconsideration of actions taken at the previous meeting. None. *** S N D O F C O N S E N T C A L S N DAR *** After a revision to the minutes, Commissioner Doughty moved to approve the Consent Calendar. The motion was seconded by Commissioner Nalle. AYES: Brown, Nalle, Oliver, Doughty, Pedroza and Segura NOES: None ABSENT: Mondo C. CONDITIONAL USE PERMIT NO. 95-16 (Vince Fregoso) Six month Review of Conditional Use Permit No. 95-16 to allow indoor entertainment at Festival Hall located at 200 East Third Street. (Continued by Planning Commission April 8, 1996 to May 13, 1996) RECO!@~NDATION: Direct staff to begin revocation proceedings for Conditional Use Permit No. 95-16. Mr. Vince Fregoso indicated that the item had been brought to the Commission on April 8, 1996. However due to an uncompleted condition to provide a trash enclosure, the item was continued for 30 days. Mr. Fregoso further stated that an inspection had taken place prior to the meeting and the trash enclosure had been completed. Staff recommends not to begin revocation proceedings but to receive and file the staff report. Commissioner Nalle asked the applicant why it took so long to complete the trash enclosure. Mr. Sarmiento stated that he had been having problems with the contractor. Commissioner Nalle moved to receive and file the staff report for Conditional Use Permit No. 95-16. The motion was seconded by Commissioner Oliver. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: Mondo D. Geaeral Plan Update. (Linda Hale) Me. Linda Hale, Senior Planner, provided an update on the statue of the General Plan. She indicated that staff had been reviewing the Elements to assure their user friendliness, shortening the documents, and concentrating ' on the issues, goals, and policies. Ma. Hale further indicated that staff had been having weekly meetings and that other City agencies were involved on the Element Teams to provide input to the Division and there would be a series of work sessions for the Planning Commission to review each Element and they would receive the draft document approximately two weeks prior to the meeting. Commissioner Oliver asked if there would be any major policy changes. Ma. Hale responded that she did not characterize the changes as major changes. The document would provide more policy direction. Commissioner Oliver asked if the General Plan provides a direction of where the City would like to go in the future. Ms. Hale responded that a primary focus would be the City's land use patterns in commercial areas. Commissioner Oliver asked if the Housing policies would be updated. Ms. Hale stated that the Housing Element was not being updated at this time. Commissioner Nalle asked what initiates the update of the Elements. Me. Hale indicated that state law requires an update when local conditions and circumstances warrant change of the Elements; a general guideline is approximately every 10 yearn. Commissioner Nalle asked how many Elements were being updated and how long it would take to update the documents. Me. Hale responded that there are 11 General Plan Elements and the project can take approximately two to four years depending on the size of the City. In addition, she added that the Elements were being updated internally. The et ate requires seven Elements: Conservation, Land Use, Circulation, Open Space, Housing, Safety, and Noise. Commissioner Nalle asked if updating the Elements made it necessary to hold a public hearing. Me. Hale indicated that public hearings would be held. E. Cosrants from the Executive Director. (Robyn Uptegraff) Ms. Uptegraff informed the Commission that a court sanction had been issued for the demolition of 2828 North Bristol. The sanction ordered a complete demolition within a certain timeframe; Councilwoman Mills informed staff that Farm to Market Grocery Store would like to replace the Vone center on Bristol Street and Memory Lane; and Ms. Uptegraff apprised the Commission that a study session would be held on May 20, 1996 at 6:00 p.m. in the Library regarding the Main Street Corridor. F. Cosa eats frosr the Planning Manager. (Kenneth Adams) Mr. Adams indicated that there would not be a May 28, 1996 Planning 1 Commission meeting. 6. Coss~ents frost the Planning Cosmission. Commissioner Pedroza requested a copy of the City's ordinance for painted window advertising for businesses. Commissioner Mondo expressed his appreciation for Mr. Adams' assistance on South Main. He also noted two Conditional Use Permits (CUP No. 95-36 and CUP 95-32) non compliance of all conditions and requested that they be brought before the Commission at the next scheduled meeting (June 10, 1996). Commissioner Brown indicated that there had previously been a gas station on the northeast corner of First and Harbor Streets. The gas tanks had been removed and there was a large hole in the ground in addition to a fence that was falling down and in poor condition. She stated that there were many children in the area and she felt fearful for their safety and requested staff to look into the matter and to address her concerns regarding the location as soon as possible. Commissioner Oliver asked if there was an update regarding his request for the turn-outs at the Bristol Market Place. In response, Mr. Adams stated that Ma. Pam Lucado would need to address hie concern regarding the bus turn-outs and he would forward his inquiry to her. Commissioner Oliver indicated that there was a huge sign at a furniture store in the area of Penn Way and requested staff to verify if the sign was legal. Commissioner Segura informed staff that there was a "open fo r 24 hour" sign at the E1 Comal restaurant on Seventeenth Street. ' H. Recess. PLANNING COMMISSION MINUTES 2 MAY 13, 1996 COUNCIL CHAMBERS ROLL CALLS The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Madam Chair Brown in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Commissioners Nalle, Oliver, Mondo, Doughty, Pedroza, and Segura. Also in attendance were: Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Vince Fregoso, Associate Planner; Larry Yenglin, Associate Planner; Tom Childress, Associate Planner; Lynnette Perry, Assistant Planner II; Pam Lucado, Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Madam Chair Brown. PROCEDURAL RUL88: The procedural ru lea for the session were read by Madam Chair Brown. PUBLIC HEARINGS. 7s00 o.a., COUNCIL CHANBERS 1. CONDITIONAL VSE PERNIT NO. 96-13 (Lynnette Perry) Filed by Mr. Donald Krotee Partnership to allow after hour operations at Luv'n Donuts located at 3605 South Bristol Street in the Commercial Residential (CR) and Single-Family Residential (R1) zoning district. LSG11L NOTICED: May 3, 1996 PUBLIC NOTICED: May 3, 1996 RECONl03NDATION: Approve Conditional Uae Permit No. 96-13 as conditioned by staff and adopt the findings as submitted by staff. He. Lynnette Perry provided a brief overview of the applicant's request to continue operations from 4:00 a.m. to 10:00 p.m. She indicated the donut shop had been operating since 1973. The crime rate was average, there had been a minimal amount of disturbing the peace incidents and staff recommends approval of the request. Mr. Matt Rogers, representing the applicant, stated that the applicant would like to resume the current hours of operation and would comply with the conditions of approval. ' Commissioner Oliver asked Mr. Rogers is the applicant's request was simply to open the business one hour earlier. Mr. Rogers stated yes. Commissioner Nalle moved to approve Conditional Uee Permit No. 96-13. The motion was seconded by Commissioner Mondo. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 2. CONDITIONAL USE PSRNIT NO. 96-15 (Tom Childress) Filed by Mr. Donald Krotee Partnership to allow after hour operations at Friend's Donuts and Suba located at 2502 West Westminster Avenue in the General Commercial (C2) zoning district. LEGAL NOTICED: May 3, 1996 PUBLIC NOTZCEDS May 3, 1996 Approve Conditional Use Permit No. 96-15 as conditioned by staff and adopt the findings as submitted by staff. Mr. Tom Childress, Associate Planner, provided an overview of the applicant's request to maintain the after hour operations in order to allow the buaineas the flexibility to open according to buaineas needs. The area is rated above average in crime. There have been minor incidents of armed robbery and disturbing the peace and staff recommends approval of the request. Madam Chair Brown asked if any correspondence had been received regarding the request. Ma. Sharon McCain-Johnson, Recording Secretary, indicated that one correspondence had been received opposing the project. Commissioner Oliver asked Mr. Childress if he reviewed the letter in opposition to the project and if an investigation had been held regarding the issues raised in the letter. PLANNII~IG COMMISSION MPn1TES 3 MAY 13, 1996 In response, Hr. Childress stated that he had received the correspondence at approximately 3:00 p.m. prior to the meeting and he had not been able to investigate the issues. Commissioner Mondo asked what types of incidents were reported. Ms. Yolanda Pena, Police Department, stated that the statistics for this particular location were not isolated but the area statistics were compounded together by the Police Department. There had been a total of 20 incidents in the area. in this particular shopping center, there were three incidents for armed robbery and two other incidents that were reported bvt were unknown at this time. Commissioner Pedroza noted that the conditions of approval referred toa drive-through speaker and the project did not have a drive-through. Mr. Matt Rogers, representing the applicant, indicated that the applicant was requesting to continue their current operating hours from 12:00 a.m. to 5:00 a.ro. In addition, Mr. Rogers stated that the applicant would comply with all conditions. He did receive the letter in opposition and the applicant was willing to remove the pay phones and the video games that were on the premises. Commissioner Doughty asked if the nearby residents were notified of the project. Mr. Childress stated that he believed the neighborhood was notified. Everyone within 300 feet of the project was noticed for the project. Commissioner Oliver moved to approve Conditional Uae Permit No. 96-16 with the revised condition for staff to conduct an additional internal review 18 months after commencement of the business. In addition to Commissioner Oliver'a motion, he noted that he had reviewed the submitted letter and felt it had a serious message. The motion was seconded by Commissioner Doughty. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 3. GENERAL PLAN AMENDMENT NO. 96-OS (Vince Fregoso) Filed by Mr. Gary Rierson to increase the floor area ratio of the General Plan from 0.40 to 0.45 in order to facilitate the construction of a 170,000 square foot industrial building located at 2400 South Grand Avenue. LEGAL NOTICED: May 3, 1996 PUBLIC NOTICED: May 2, 1996 RECOIB~NDl-TION i Recommend that the City Council adopt a resolution approving General Plan Amendment No. 96-06 to amend the Land Use Element of the General Plan. Mr. Vince Fregoso, Associate Planner, displayed presentation boards of the proposed project and provided an overview of the applicant's request to increase the allowable floor area ratio in order to construct an industrial building. Mr. Fregoso indicated that the proposed project would be used as an office, warehouse, and distribution facility by the Heritage Paper and Pioneer Packing. The applicant would take measures to maintain visibility from the truck loading doors from Grand Avenue by using thematic landscaping concepts with large setbacks in addition to providing a 10 foot high decorative masonry wall. Staff supports the project and believes the project will benefit the City and recommends approval of the request. ', Mr. Gary Rierson, representing Heritage Paper and Pioneer Packing, indicated that he had been working with staff and stated he would answer any questions from the Commission. Commissioner Oliver asked how many people would be employed at the location and how many shifts would be held. Mr. Rierson responded that there would be approximately 100 employees and there would be 1 1/2 shifts. Commissioner Oliver asked Mr. Rierson if the warehouse functions would include drivers and if he believed most employees would travel to work by car. Mr. Rierson indicated that the warehouse would include drivers and he felt moat employees would drive to work. PLANNAIO COMMISSION MINUTES 4 MAY 13, 1996 Commissioner Nalle moved to recommend that the City Council adopt a resolution approving General Plan Amendment No. 96-5. The motion was seconded by Commissioner Segura. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 4. CONDITIONAL VSE PERMIT NO. 96-18 (Jamie Watanabe) Filed by In-N-Out eurgere, Inc. to allow after hour operations at an existing In-N-Out Burger Restaurant located at 815 North Bristol Street in the Specific Plan 1 zoning district. - LiO11L NOTICED: May 3, 1996 PUBLIC NOTICEDs May 3, 1996 Approve Conditional Uae Permit No. 96-18 as conditioned by staff and adopt the findings as submitted by staff. Mr. Jamie Watanabe, Assistant Planner II, provided an overview of the applicant's request to maintain the current after hour operations until 1:00 a.m. on weekdays and 1:30 a.m. on Saturdays and Sundays. Mr. Watanabe indicated that the restaurant had been in operation for more than 20 years. The location was considered average in police related incident a; there had been a minimal amount of incidents mostly auto burglaries. Staff believed there would not be any negative impacts to the area and staff recommends approval of the request. Mr. James Spain, local resident, entered a letter into the record opposing the request. He expressed that the after hour operations had negative impacts to the residential neighborhood and there was a nearby building located at 828 North Bristol with two tenants under investigation by the City and were being operated with illegal uses. One tenant was using the building for alcoholics anonymous and the other tenant was using the building for revival meetings. in addition, Mr. Spain indicated that there had been narcotic activity in the area and complaints made to the Police Department and he felt approval of the request would contribute to the problems in the area. Mr. Fred Encinae, representing In-N-Out, indicated that this restaurant had been in operation for 20 years. Mr. Encinae stated that he did not have any - problems with the conditions but requested clarification regarding the lighting adjustments and the applicant would like to maintain the outdoor dining area after midnight. Commissioner Oliver asked if the restaurant managers were trained to react to loud music from vehicles. Mr. Encinae responded that he had no knowledge of how to react but he felt that the management of the restaurant did know. Madam Chair Brown asked if staff would like to respond to the issues raised regarding the activity at the nearby building located at 828 North Bristol. Mr. Adams responded that he was not aware of any church operations but there was an issue regarding occupancy. Commissioner Nalle moved to delay any action on the project for 30 days and continue Conditional Use Permit No. 96-18 until June 10, 1996. Commissioner Doughty seconded the motion. Commissioner Oliver indicated that he was not assured that the applicant's request had a direct linkage to the problems associated with the nearby building. Commissioner Segura asked Mr. Spain how long he had been living in the area and if he felt the operations of In-N-Out were contributing to problems in the area. Mr. Spain stated that he had been living in the area for 14 years and he felt the after hour operations were contributing to the problems because he had - noticed an increase in activities and loitering. He had made several calls to the police department regarding activities in the area. Mr. Adams added that staff had just informed him that the church had been cited. However, if the Commission chose to continue the case for 30 days, it may require more time due to other agencies responsibilities involving the building. PLANNRI6 COMMISSION M@7U'fPS 5 MAY 13, 1996 After further discussions, Commissioner Segura indicated that she believed the problems located at 828 North Bristol Street were not directly related to the operations of the In-N-Out restaurant and moved to approve Conditional Uee Permit No. 96-18. The condition of approval requiring the Bite to conform to the lighting standards and staff's request to limit the hours for the walk up window would remain. Commissioner Doughty seconded the motion. Commissioner Nalle withdrew hie motion but requested staff to look into the matter regarding 828 North Bristol Street and address the issues raised by Mr. Spain and report back to the Commission the actions taken. Mr. Adams further stated that there was a problem with loitering on Bristol Street and staff would take the responsibility and address the issues raised by Mr. Spain. After further discussion, Commissioner Segura withdrew her previous motion and Commissioner Doughty withdrew her second of Commissioner Sequra•a motion. Commissioner Mondo moved to approve Conditional Uae Permit No. 96-18 with the deletion of the condition number three limiting the hours of operation for the outdoor dining area; and added two additional conditions of approval to: 1) conduct two additional internal reviews of the project at three months and 18 months after commencement of the business; and 2) for the owner of the restaurant to be responsible not to allow noise to be audible beyond the premises. The motion was seconded by Commissioner Nalle. Madam Chair Brown directed staff to take a vigorous approach to addressing the problems stated regarding 828 North Bristol and hold the owner accountable for the action taken at the building and to report back to the Commission and direct a letter to Mr. Spain regarding the follow up actions. Commissioner Pedroza stated that she agreed with the motion. Commissioner Oliver noted that the additional reviews would allow the nearby residents the opportunity to report any concerns to staff. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 5. CONDITIONAL USE PERMIT NO. 96-20 (Marta Crane) Filed by An Quoc Tran and Mai Tai Khong to allow after hour operations at the Thien Thanh Restaurant located at 5423 West First Street in the General Commercial zoning district. LEOAL NOTICED: May 5, 1996 PUBLIC NOTICED: May 6, 1996 RECONNENDATION: Approve Conditional Uae Permit No. 96-20 as conditioned by staff and adopt the findings as submitted by staff. Ms. Marta Crane, Assistant Planner II, provided an overview of the applicant's request to allow after hour operations until 3:00 a.m. on Fridays through Sundays, and on holidays. Ms. Crane stated that the restaurant had been in operation for six years; it was average in police related incidents; most criminal activities involved burglaries and disturbing the peace. Staff did not anticipate any adverse impacts due to the hours of operation and recommends approval of the request. Madam Chair Brown asked if the restaurant had an alcoholic beverage license. Ms. Crane indicated the restaurant did have an alcoholic beverage license. Commissioner Mondo asked if the no loitering signs should be in English and Vietnamese instead of English and Spanish. Ma. Crane responded that the Police Department was requesting the signs to be in English and Spanish. Mr. An Quoc Tran, applicant, indicated that he had received several requests by customers to operate the restaurant after hours on the weekends and holidays and expressed that he believed it would provide additional business to the restaurant. Commissioner Oliver asked Mr. Tran if he would conduct business on both American holidays and Vietnamese holidays. Mr. Tran responded that he would only conduct business on American holidays. That his customers celebrated American holidays. Commissioner Oliver asked Mr. Tran what hours he sold beer and wine. PLANNING COMMISSION MINUTES 6 MAY 13, 1996 Mr. Tran stated that he opened at 10:00 a.m. and he would stop selling beer and wine at 12:00 a.m. Commissioner Oliver moved to approve Conditional Use Permit No. 96-20 with the added condition that alcoholic beverages must not be sold after 12:00 a.ro. midnight. The motion was seconded by Commissioner Segura. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Pedroza and Segura NOES: None ABSENT: None 5. ORAL CO)OlONICATIONS - CO?O(EENTS FROM THE PUBLIC. (For matters not previously listed on the Agenda) There were no oral communications. 6. EZCUHE OF ABSENCES. There were no absences. 7. ADJOURNNENT. The meeting adjourned at 8:20 p.m. SMJ L PLANNRIO COMM)SSION MQiO'fPS 7 MAY 13, 1996