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HomeMy WebLinkAbout04/08/1996MINUTES OF THE REGULAR NESTING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION April 8, 1996 The Regular Meeting of the Santa Ana Planning Commission was called to order by Madam Chair Brown at 6:00 p.m. in the city Council Chambers, located at 22 Civic Center Plaza, Room 147 Santa Ana, California. Other Commissioners present included: Nalle, Oliver, Mondo, Pedroza, and Segura. Also in attendance were Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Charles View, Senior Planner; Linda Hale, Senior Planner; Jerry Gueman, ' Associate Plan Check Engineer; Kevin Joe, Intern; Pam Lucado, Public Works Agency; Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. A. Approval of the Minutes from the Regular Meeting of March 25, 1996. RECOMMENDATION: Approve the Minvtee of the Regular Meeting of March 25, 1996. B. Reconsideration of actioaa taken at the previous meeting. None. C. HISTORICAL PROJECT REVIEW NO. 96-02 (Kevin Joe) Filed by Ms. Araceli Maciel to allow a two bedroom addition for a single family residences located at 807 West McFadden in the Heninger Park (SD-40) zoning district. RECOMMENDATION: Approve Historical Project Review No. 96-02. D. CONDITIONAL USE PERMIT NO. 92-19 (Tom Childress) Annual review of Conditional Use Permit No. 92-19 to allow the sale of beer and wine for on-premise consumption for the Topaz Restaurant located at 2002 North Main Street. ' (Continued by Planning Commission March 25, 1996 to ApriS 8, 1996) REC0NMENDATI0N7 Continue Conditional Use Permit No. 92-19 to April 22, 1996. *** E N D O F C O N 3 E N T C ALE N D A R *** Commissioner Mondo moved to approve the Consent Calendar. The motion was seconded by Commissioner Nalle. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty Mr. Adams informed the Commission that the applicant had not arrived for the item E and requested that we allow additional time for his arrival and move forwards with Conditional Uae Permit No. 95-16. Madam Chair Brown granted the request. E. CONDITIONAL USE PERMIT NO. 95-16 (Vince Fregoso) Six month Review of Conditional Uae Permit No. 95-16 to allow indoor entertainment at Festival Hall located at 200 East Third Street. Receive and file the staff report for the six month review of Conditional Use Permit No. 95-16. ' Mr. Vince Fregoso, Associate Planner, provided an overview of the six month review for Festival Hall. He indicated that there were currently two outstanding issues: one regarding bringing the current signage to code and secondly the applicant had not provided a trash enclosure. Mx. Fregoso stated that the applicant had addressed the signage issue approximately one month ago and had repainted the entire building and it was satisfactory to Planning. However, he informed the Commission that the applicant had not completed the trash enclcsure due to Mr. Sarmiento having some problems with the contractor for the trash enclosure. In addition, Mr. Fregoso stated that staff recommends approval of the six month review and believes the applicant would complete and comply with all of the requirements. Mr. Mike McCoy, Police Department, informed the Commission that there had been 20 conditions and as of April 2, all conditions had been adhered to satisfactorily. The Police Department had received a very minimal amount of calla regarding Festival Hall and the only outstanding issue was the trash enclosure. Commissioner Mondo moved to continue the review of Conditional Use Permit No. 95-16 and expressed concerns regarding the minimal amount of progress in six months and indicated he believed approving the review would send the wrong message to other applicants. In addition, Commissioner Mondo stated that he would like to see all of the conditions completed and complied with entirely. Commissioner Segura seconded the motion. Madam Chair Brown asked if the previous security guard issues had been resolved. Mr. Fregoso indicated the security guard concerns had been resolved. Commissioner Oliver asked if the applicant had applied for any permits for the trash enclosure. Mr. Sarmiento indicated that the contractor had applied for the permit. Commissioner Nalle asked Mr. Sarmiento if he believed the trash enclosure could be completed in 30 days. Mr. Sarmiento stated yea. The trash enclosure was a very small project; and additional pavement and site improvements were being made along with the trash enclosure. Commissioner Oliver asked Mr. Sarmiento how much the trash enclosure would coat. Mr. Sarmiento estimated approximately $5,000 and the signage and the painting of the building approximately $4,000. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty E. CBC APPEAL NO. 96-01 Filed by Mr. Steven C. Shepherd to allow relief from strict adherence to current accessibility codes related to a existing parking structure located at 600 West Santa Ana Boulevard. LEGAL NOTICED: March 17, 1996 APPLICANT NOTICED: March 15, 1996 RSCOMNENDATION: 1. Approve the hardship request concerning the 8'2" vertical clearance in accordance with CBC Section 422(c), 1 through 5; 2. Approve the hardship request concerning the path of travel in accordance with CBC Section 422(c), 1 through 5; (Bob Tyler) 3. Deny the hardship request concerning the pedestrian path of travel; 4. Approve the hardship request for the pedestrian ramp in accordance with CBC Section 422(c}, 1 through 5; and 5. Approve the findings as submitted by staff. Mr. Jerry Gusman, Associate Plan Check Engineer, displayed a chart of the project area and provided an overview of the applicants request to allow relief from the disabled access provisions of the California Building Code. Mr. Gusman discussed four issues of concern: parking structure headroom clearance; path of travel; disabled parking being behind other vehicles; and accessible route of travel along vehicle driveway. Commissioner Oliver asked how many spaces would be effected and would it be from the common aisle path of travel. Mr. Gusman indicated two spaces would be effected and it would be from the common aisle. Commissioner Oliver asked if the disabled access in front of the building would be weather proof. Mr. Shepherd indicated that a person that is disabled would not be covered. Commissioner Mondo indicated that he understood items 1, 2, and 4 but felt that number three didn't indicate a specific request nor did staff provide an alternative. PLANNING COMMI93[ON MR9VfPS 2 APRIL B, 1996 Ms. Upteqraff, Executive Director, stated that staff was specifically requesting a denial of the request. Staff would like to find a proposal from the applicant to reach an agreement. Commissioner Oliver moved to approve the 1) hardship request concerning the eight foot vertical clearance; 2) hardship request regarding the path of travel; 3) hardship request of the pedestrian ramp; 4) approve the findings as submitted by staff; and moved to deny the hardship request concerning the pedestrian path of travel. The motion was seconded by Commissioner Nalle. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty 6. Currents frog the Executive Director. (Robyn Upteqraff) No comments were made. H. Cormeats from the Planning Manager. (Kenneth Adams) No comments were made. I. Coarents fro. the Planaiag Commission. Commissioner Mondo stated that he would like an update on the status of the enforcement action against Leo's tow yard at every Planning Commission Meeting. In addition, he indicated that he had seen a aeries of inter- related problems arising from illegal tow yards and poor management of the Country Apartments. As a result, adjacent areas are rapidly deteriorating. There had been an increase in graffiti at the mini markets at both Mobil, Arco gas station, Lilly King Park, and points in between. Shopping carts were being abandoned in the neighborhood and Country Apartment residents were stealing fruit off of the neighborhood's fruit trees. Commissioner Mondo reiteratedthat he would like staff to work with him on a comprehensive plan to address these problems. 1 Commissioner Na11e asked if the commission would be receiving many items like CBC Appeal No. 96-01 or would it be done at staff's level. Ms. Upteqraff stated that the cases would tried to be resolved at staff's level, however if any disputes occurred regarding the interpretation of the code, it would be brought before the Commission. Commissioner Nalle asked regarding the statue of 2828 North Bristol. Mr. Richard Lay, Assistant City Attorney, indicated that the site was presently being demolished under some stipulations. J. Recess. PLANNING COMMISSION MN1IR'PS 3 APRII, 8, 1996 COUNCIL CRANBERS ROLL CALL 7:00 p.a. PLSDGE OP ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS, 7:00 n.m., COUNCIL CHAMBERS 1. AMBNDI(ENT APPLICATION NO. 96-02 (Jeffry Rice) ' Filed by CHCG Architects to adopt Specific Development No. 61 and Master Plan of development for the St. Francis Home located at 1718 West sixth Street. (Continued by Planning Commission March 11, 1996) LEGAL NOTICED: April 3, 1996 PUBLIC NOTICED: April 2, 1996 RECOlB~NDATIONs Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-02. Mr. Jeffry Rice, Senior Planner, indicated that the amendment application had been continued for the applicant to inform staff of their concerns regarding the City requirements fox the project. The applicant had two concerns 1) language regarding nonconforming status; and 2) off-site improvement requirements. Mr. Rice stated that staff had met with the applicant and an agreement was made for staff to remove some of requirements from the Specific Development and the Public Works Agency agreed to remove some of the off-site requirements. Both issues had been satisfactorily resolved by both parties. Commissioner Mondo moved to approve Amendment Application No. 96-02. The motion was seconded by Commissioner Nalle. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty 2. APPEAL NO. 96-02 (Lynnette Perry) Filed by Mr. Elias Rawaja and Mr. Emad Salameh to appeal the decision of the Zoning Administrator not to allow the sale of beer and wine for off-premise consumption at K and S Food Store located at 2626 North Bristol Street. LEGAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 RECOMMENDATION: Confirm the Action of the Zoning Administrator denying Conditional Uae Permit No. 96-OS and adopt the findings as submitted by staff. Ma. Lynnette Perry, Assistant Planner II, briefly provided an overview of the applicants' request to allow an alcoholic beverage control license for off- premise consumption. She indicated that the request was denied by the Zoning Administrator February 28, 1996 due to an over concentration of alcoholic sales in the area and staff recommends upholding the Zoning Administrator's decision. Mr. Roger Diamond, representing the applicants, submitted court documents and indicated that the applicants had began operating the convenience store when alcoholic sales were allowed. Unknown to the applicants' an ordinance had been adopted and a conditional use permit was needed. Mr. Diamond further indicated that the applicants' filed for a permit and believe that staff working along with ABC delayed issuance of the permit until six days before the six month expiration date. Making it impossible for the applicants' to complete the process before the expiration. ' Mr. Emad Salameh, applicant, indicated that he was trying to make a living and indicated that the police activity at the market had decreased since his operations began and requested approval of the request. Mr. Lee Medrano, stated that he was a resident behind K and S Foods and before the applicant secured the area there were many problems. He expressed that he felt the area was safer since the applicants' began their operations of the convenience store and he had concerns regarding the area if the request was denied and the building became vacant. Commissioner Mondo asked at the time the applicant filed, was Conditional Uae Permit needed. PLANNING COMMISSION MINU7'L'S 4 APRIL 8, 1994 Mr. Charles View, Senior Planner, indicated for this particular case, at the time the applicant filed, a CUP was not needed because it had been less than six months since the applicants' began operating the convenience store. The license was still valid. Commissioner Oliver asked if 7-Eleven continued operations, would a CUP be required and if the case before the Commission was solely based on the applicant missing the deadline of the license by a few days. Mr. Lay stated a conditional use permit would not be needed if 7-Eleven had continued operations and the Commission was making a decision based on the applicant missing the license due to the expiration of the six month period. Commissioner Oliver moved to confirm the Zoning Administrator's action. In addition, he mentioned that his recommendation was based on a narrow margin accepting the decision. In addition, he expressed that he did not recommend an endorsement of the process but the process to the applicant may have been misleading. Commissioner Pedroza stated that she was not comfortable with making a determination with any motion and expressed that she would like to continue the item and receive more information. Commissioner Mondo stated that he was prepared to deny the request prior to the hearing but was concerned about the process by which the case was handled and was now inclided to approve it. Madam Chair Brown seconded Commissioner Oliver's motion and requested a roll call vote. AYES: Brown, Oliver, and Segura NOES: Mondo, Na11e, and Pedroza ABSENT: Doughty Commissioner Nalle stated that he agreed with Commissioner Pedroza. He did not want to see liquor sold at the site, but he felt the applicant may have been caught up with the process. After further discussions, Commissioner Oliver moved to continue Appeal No. 96-02 to April 22, 1996. The motion was seconded by Commissioner Nalle. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura ' NOES: None ABSENT: Doughty 3. CONDITIONAL USE PERMIT NO. 96-12 (Jamie Watanabe) Filed by Pizza Hut, Inc. to allow after hour operations at an existing food establishment located at 715 North Harbor Boulevard in the Specific Plan 2 zoning district. LSOAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 Approve Conditional Use Permit No. 96-12 as conditioned by staff and adopt the findings as submitted by staff. Mr. Jamie Watanabe, Assistant Planner II, provided a brief overview of the applicant's request to extend hours of operations. He indicated that the project was located in a commercial retail center that was considered average in police related incidents and staff believed no adverse affects would be created by the after hour operations and recommends approval of the request. Mr. Ron Reese, representing the applicant, indicated the applicant would comply with the conditions of approval and had agreed to remove all public telephones and would not renew the lease with PacBell. Commissioner Mondo expressed concerns regarding the lack of aignage at other Pizza Hut locations and asked the applicant and staff if any measures had ' been taken to install the aignage. Mr. Mike McCoy, Police Department indicated that some locations had been cited and the Police Department was about to begin the second phase. Mr. McCoy also mentioned that he would give the locations an additional 30 days and if the conditions of approval were not complied with the cases would be brought before the Commission again. Commissioner Nalle asked Mr. Reese why all the conditions had not been complied with. Mr. Reese stated that he was unaware of the concerns raised by the Commission but he would inform David Allen, Director of Development tomorrow morning. Commissioner Nalle moved to approve Conditional Use Permit No. 96-12. The motion was seconded by Commissioner Segura. PLANNING COMMISSION MQJUTES 5 APRIL B, 1996 AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty 4. VARIANCS NO. 96-01 (Jeffry Rice) Filed by Santa Ana Venture to permit relief from parking, setback, and landscaping standards in order to allow the expansion of the MainPlace Mall located at 2800 North Main Street in the General Commercial (C2) zoning district. LSOAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 RECOMMENDATION: 1. Approve Variance No. 96-01 as conditioned by staff and adopt the findings ae submitted by staff; and 2. Approve findings for certification of the addendum to the Fashion Square EIR. Mr. Jeffry Rice, Senior Planner, provided an overview of the applicant's request to allow relief from City requirements in order to expand the MainPlace mall. The project would allow the expansion of Robinaons-May, a 14 plex movie theater, a restaurant, and a drive-through ATM facility. In addition, Mr. Rice stated that an addendum to the Fashion Square EIR had been prepared for the proposed expansion and staff supports the proposed project. Mr. Jim Arnone, representing MainPlace, at ated that he was pleased with the staff report. Ma. Elizabeth Link, representing the Mills Corporation, indicated that she felt the process of using an addendum for CEQA was inappropriate. She indicated that adjacent areas to the project had been upgraded such as the 5 and 22 freeways and expressed that the additional expansion would create changes in traffic circulation during the day and night and requested the project be continued in order to allow experts to review the environmental analysis. Mr. James Kindrick stated that he supported the project and mentioned that the City lacked entertainment and he believed the Mi11s Corporation was concerned that the MainPlace project was moving forward faster than their company. Commissioner Nalle moved to approve Variance No. 96-01. The motion was seconded by Commissioner Mondo. AYES: Brown, Oliver, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty 5. ORAL COMMUNICATIONS - COMMENTS FROM THE PUBLIC. [For matters not previously listed on the Ageadal There were no oral communications. 6. EECUSE OF ABSENCES. Commissioner Oliver moved to excuse the absence of Commissioner Doughty. The motion was seconded by Commissioner Segura and unanimously passed. 7 The meeting adjourned at 8:40 p.m. SMJ Ma ga Brown, Madam Ch ' P1 i g Commission PLANNING COMMLSS[ON MQJU1'ES 6 APRIL 8, 1996