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HomeMy WebLinkAbout01/08/1996NINUTBS OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION January 8, 1996 The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Mondo 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: Brown, Oliver, Doughty, Nalle, Pedroza, and Segura. Also in attendance were Robyn Uptegraff, Executive Director, Kenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Charles View, Senior Planner; Jeffry Rice, Senior Planner; Maya DeRoe a, Environmental Coordinator; Larry Yenglin, Associate Planner; Pam Lucado, Public Works Agency; Mike McCoy and Yolanda Pena, Police Department; Diane Lopez, student Representative from Valley High School and Sharon McCain-Johnson, Recording Secretary. A B. C. D E F Approval of the Minutes from the Regular Meeting of December 12, 1995. Approve the Minutes of the Regular Meeting of December 12, 1995. Reconsideration of actions taken at the previous meeting. None. CONDITIONAL USE PERMIT NO. 95-28 (Vince Fregoso) Filed by Donahue Schriber to allow a Type 41 ABC license at a new restaurant (Pick-Up Stix) located at 2801 West MacArthur Boulevard, #D in the Arterial Commercial zoning district. RECOMMENDATION: Confirm the action of the Zoning Administrator approving Conditional Use Permit No. 95-28 as conditioned by staff and adopt the findings as submitted by staff. CONDITIONAL USE PERMIT NO. 95-29 (Vince Fregoso) Filed by Donahue Schriber to obtain a Type 41 ABC license at a new restaurant (RUbio's) located at 2841 Weat MacArthur Boulevard, Suite A in the Arterial Commercial (CS) zoning district. RECOMMENDATION: Confirm the action of the Zoning Administrator approving Conditional Use Permit No. 95-29 as conditioned by staff and adopt the findings as submitted by staff. ENVIRONMENTAL CONSULTANT CONTRACT AND SELECTION (Maya DBROSa) Filed by the City of Santa Ana to establish a list of environmental consultants to perform future work for the City and implement a standard contract authorizing these consultant services. (Continued by Planning Commission December 11, 1995 to January 8, 1996) RECOl~IldENDATION: Continue the Environmental Consultant Contract and Selection to February 12, 1996. *** E N D O F C O N S E N T C A L E N D A R*** Commissioner Nalle moved to approve the Consent Calendar items. The motion was seconded by Commissioner Brown. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None Quarterly Review of Conditional Use Permit No. 95-18 (Lynnette Perry) Filed by Ms. Alta Manning to allow the expansion of a preschool facility (C.A.N.O. Headetart Preschool) located at 1735-1745 North Grand Avenue in a Single-Family Residential zoning district (R1). RECOMMENDATION: Receive and file the quarterly staff report approving Conditional Use Permit No. 95-18. Me. Lynnette Perry, Assistant Planner II, indicated that the expansion of the facility had been delayed. However, the preschool had taken steps to improve parking and traffic problems. A condition of approval was that the new ingress and egress easements needed to be recorded prior to issuance of building permits. The applicant had not completed the task so the building permits had not been issued. In addition, Ma. Perry indicated that staff would continue to work with the owners of the Preschool and the Animal Hospital. Mr. James Martin, representing the Suburban Animal Hospital, expressed concerns regarding the traffic circulation and indicated that he would be interested in assisting and reviewing the plane for the easements. Me. Perry added that staff had reviewed the easements in site plan review and the easements had already been in place since 1970. Only minor changes were necessary. ' There was a motion and second to approve the quarterly review of Conditional Use Permit and it was unanimously passed. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None G. Discussion of Riverview West Marketplace. Mr. Larry Yenglin, Associate Planner presented a summary and displayed charts of the Riverview Weat Project. He indicated that there were three actions for the project: 1) Tentative Parcel Map; 2) Conditional Use Permit; and 3) several Variance requests and specified possible tenants for the site. Staff was recommending approval of portions of the requests and denial for other requests. However, the applicant was requesting relief from parking, lot frontage, landscaping, loading and trash area, signs, and wall height. Commissioner Oliver asked why the applicant wanted to parcel the project. Mr. Yenglin indicated that the proposed tenant preferred to own the property. Chairman Mondo asked if the CC&R's were drafted. Mr. Yenglin stated that the CC&R'9 had not been drafted. Mr. Adams informed the Commission that he had met with the Chairman from the Riverview Neighborhood Association. He expressed concerns regarding the project specifically the proposed sign. H. Comments from the Executive Director. (Robyn Uptegraff) 1. Ma. Uptegraff apprised the Commission that Ed Cooper, City Attorney would retire in May 1996; 2. She also announced that Mr. Allen Doby, Executive Director of Recreation and Community Services would retire in October 1996; and 3. City Council overturned the Commission action for Amendment Application No. 95-8 for the Logan area rezoning project. I. Comments from the Planning Manager. (Kenneth Adams) Mr. Adams distributed a status report for the 24 hour restaurants. He informed the Commission that there were six requests agendized for the extended hours of operation and the Commission had previously reviewed four requests in December. The applicant's two year filing deadline for submittal of extended hours of operation would expire in February 1996. J. Comments from the Planning Commission. 1. Commissioner Doughty asked for an update of 2828 North Bristol Street. Ma. Uptegraff indicated that the case was continued in mid December for 60 days. 2. Commissioner Brown indicated that she had been contacted regarding the following properties: 1634 South Townsend - it was reported that the site was being used for the repair of automobiles; and 1613 South Diamond - a condemned house was being used as a gang hang out. 3. Chairman Mondo requested staff to provide an update of enforcement actions against Leos Towing off of South Main Street; and He also requested informationregarding the removal of street parking on Columbine Street east of Main Street and to expand the permit parking district on Columbine Street on the west side of Main Street. R. Recess. 2 JANUARY S, 1996 PUBLIC HEARINGS ROLL CALL: The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Chairman Mondo in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Chairman Mondo and Commissioners Brown, Oliver, Doughty, Nalle, Pedroza, and Segura. Also in attendance were Robyn Uptegraff, Executive Director, Kenneth Adams, Planning Manager; other City staff in attendance: Richard Lay, Assistant City Attorney; Charles View, Senior Planner; Jeffry Rice, Senior Planner; Larry Yenglin, Associate Planner; Jamie Watanabe, Assistant Planner II; Pam Lucado, Public Works Agency, Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Chairman Mondo. The procedural rules for the session were read by Chairman Mondo. 1 VARIANCE NO. 95-08 (Larry Yenglin) 2 Filed by Mr. Robert Fiecue and Associates to increase the height of a monument sign from seven feet to 13.2 feet located at 2650 North Grand Avenue in the Arterial Commercial zoning district. (Continued by Planning Commission December 11, 1995 to January 8, 1995) LEGAL NOTICED: November 26, 1995 PUBLIC NOTICED: November 28, 1995 Approve Variance No. 95-OS as conditioned by staff and adopt the findings as submitted by staff. Mr. Larry Yenglin, Associate Planner, briefly indicated that the item was continued on December 11, 1995 to allow the applicant additional time to submit a complete sign program to staff. The applicant was requesting to have only one freestanding sign of 13.2 feet. No other signs would be allowed on the site and staff recommends approval of the request. Chairman Mondo asked Mr. Victor Raskerian if he had reviewed the conditions and if he agreed to the conditions of approval. Mr. Kaskerian stated that he had reviewed and concurred with the conditions of approval. Commissioner Oliver noted that he was unable to support the request for a sign of this size. He felt it would set a precedent for other business in the City and it would be beat for staff to consider amending the sign code. Chairman Mondo added that he felt the sign was a complete package and had an attractive appearance and would result in fewer signs on the property. He did not feel that approval of the sign would set a precedent for other applicant request except when an overall sign program to reduce eignage is presented. Commissioner Nalle moved to approve Variance No. 95-08. The motion was seconded by Commissioner Brown. AYES: Mondo, Brown, Doughty, Nalle, Pedroza, and Segura NOES: Oliver ABSENT: None CONDITIONAL USE PERMIT NO. 95-30 (Larry Yenglin) Filed by Mr. Donald Krotee Partnership to operate at various times between the hours of 12:00 a.m. and 5:00 a.m. located at 202 South Bristol Street in the Specific Plan No. 1 zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 Approve Conditional Use Permit No. 95-30 as conditioned by staff and adopt the findings as submitted by staff. Ma. Robyn Uptegraff, Executive Director, informed the Commission that per Councilman Lutz, correspondence had been received from Mr. de Gutierrez, a local resident, stating he did not support the applicant's request to extend the hours of operation due to drug and gang activity in the area. Mr. Larry Yenglin, Associate Planner, presented a brief overview of the applicant's request to allow operation until 4:00 a.m. at a restaurant known PIANNQJO COMhIISSION MRJU1'ES 3 JANUARY $ 1996 ae Taqueria Tapatia. He stated that no other site improvements or changes were requested and staff supports the extended hours of operation. Mr. Matt Rogers, representing Taqueria Tapatia, thanked staff for their assistance with the project and indicated that the restaurant had been in business for 12 years. Commissioner Pedroza asked how many occupants could be seated in the restaurant. Mr. Rogers responded that the restaurant could hold a maximum of 12 persona. ' Commissioner Oliver asked if there was a walk up window for patrons and if so, would it remain open; and whether any alcoholic beverages are sold at the restaurant. Mr. Rogers indicated there was a walk up window for customers; it would remain open and no alcoholic beverages were sold at the restaurant. Commissioner Oliver asked Mr. Mike McCoy, if the current lighting at the restaurant had been reviewed. Mr. McCoy responded that he had reviewed the lighting and the site would need to be brought up to current standards. Commissioner Doughty asked Mr. McCoy how may crimes had been committed and what types of crimes had taken place on the site. In response, Mr. McCoy stated that there had been nine crimes in the last year. Two had been committed since the applicant's request. There was one homicide in the area, however the Police Department felt it was an isolated incident. Commissioner Oliver moved to approve Conditional Use Permit No. 95-30 with an additional condition for the project to be reviewed in six months after city Council approval. The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None 3. CONDITIONAL USE PERNIT NO. 95-32 (Larry Yenglin) Filed by Mr. Donald Krotee Partnership to allow operation between the hours of 12:00 a.m. and S:OD a.m, at an existing r estaurant (Tacos Serrano) located at 415 North Grand Avenue in the Community Commercial zoni ng district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 Approve Conditional Use Permit No. 95-32 as conditioned by staff and adopt the findings ae submitted by staff. Mr. Larry Yenglin, Associate Planner, presented a brief overview of the applicant's request to allow restaurant operations for 24 hours every day in order to be flexible to business and satisfy customer needs. No other site improvements were requested and staff recommends approval of the request. Commissioner Doughty asked how many customers could be seated in the restaurant. Mr. Yenglin indicated that there were two picnic tables outside of the restaurant and it could seat approximately 12 people. Mr. Matt Rogers, representing Tacos Serrano, indicated that the restaurant had been operating for six years and the applicant wished to operate for 24 hours. Commissioner Brown asked if there were pay phones located inside of the restaurant. Mr. Rogers stated that all of the pay phones would be removed and no pay phones would be on the site. Commissioner Oliver asked if there were any exterior speakers. Mr. Rogers indicated that he was not aware of any exterior speakers. Commissioner Oliver moved to approve Conditional Use Permit No. 95-30 with an additional condition for the project to 6e reviewed in six months after City Council approval. The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None PI,ANNINO COMMISSION MINUTES 4 JANUARY 8, 1996 4. CONDITIONAL U88 PERMIT NO. 95-33 (Marta Crane) Filed by Mr. Ronald Reese to allow operation between the hours from 12:00 a.m. to 1:00 a.m. Friday(s) and Saturday(s) at an existing Pizza delivery service located at 2390 North Tustin Avenue in the Arterial Commercial (C5) zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 RECONNENDATION: ' Approve Conditional Uae Permit No. 95-33 as conditioned by staff and adopt the findinga as submitted by staff. Mr. Kenneth Adams informed the Commission that one staff presentation would be presented for Conditional Use Permit No.'s 95-33, 95-34, 95-35, and 95-36. 5. CONDITIONAL USE PERMIT NO. 95-34 (Jamie Watanabe) Filed by Mr. Ronald Reese to allow after hour operations at an existing delivery service known as Pizza Hut located at 624 North Bristol Street in the Specific Plan No. 1 zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 RECOMMENDATION: Approve Conditional Use Permit No. 95-34 as conditioned by staff and adopt the findinga as submitted by staff. 6. CONDITIONAL USE PERMIT NO. 95-35 (Lynnette Perry) Filed by Mr. Ronald Reese to allow after hour operations at an existing delivery service located at 606 West Seventeenth Street in the Community Commercial (C1) zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 ' RECOMMENDATIONi Approve Conditional Uae Permit No. 95-35 as conditioned by staff and adopt the findinga as submitted by staff. 7. CONDITIONAL USE PERMIT NO. 95-36 (Jamie Watanabe) Filed by Mr. Ronald Reese to allow after hour operations at an existing delivery service known as Pizza Hut located at 2541 South Fairview Avenue in the Planned Shopping Center (C4) zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 RECOMMENDATION: Approve Conditional Use Permit No. 95-36 as conditioned by staff and adopt the findinga ae submitted by staff. Mr. Jamie Watanabe, Assistant Planner II, briefly presented an overview of the applicant's request to allow after hour operations at four existing Pizza Hut Delivery establishments. Staff reviewed the applications and determined that the extended hours of operation would not create any negative impacts and recommends approval of the request. Mr. Ronald Reese, representing Pizza Hut, indicated that Pizza Hut would like to extend hours of operation until 1:00 a.m. There are no seating area, phones or walk-in customers after 11:30 p.m. ' Mr. Ronald Stoker, local resident (CUP 95-36), indicated that he had experienced a high level of noise disturbances from the Pizza Hut and expressed concerns regarding extending the hours of operation. In addition, he requested that the height of the wall be increased and additional trees be planted for mitigation measures. Commissioner Brown asked staff if the height of the wall would mitigate the noise level. Mr. Adams responded yes. Commissioner Brown asked Mr. Stoker if he had communicated his concerns with the Planning Division and Commissioner Oliver asked if he had communicated hie complaints to the Manager of the restaurant. Mr. Stoker responded no. 5 IANUARY 8, 1996 Me. Macie Milan, representing Dolores Milan (CUP 95-34), indicated that the local residents had been receiving a high level of traffic flow due to the deliveries made by Pizza Hut and requested that the delivery routes be re- routed and restricted to 10:00 p.m. In addition, Ma. Millan requested that the Commission add an additional condition to review the Conditional Use Permits in six months and notify the reaidenta of the review so that the reaidenta inform the Commission regarding loitering, noise, and impacts associated with the extended hours of operation. Mr. Ralph Milan, representing Dolores Milan (CUP 95-34), reiterated the noise and traffic concerns for the extended hours of operation. ' Commissioner Oliver asked Mr. Reese how Pizza Hut reacts to residential concerns regarding the operation of the restaurants. Mr. Reese responded that complaints are forwarded to the area manager. The area managers are responsible for addressing and solving the complaints and problems. Commissioner Doughty moved to approve Conditional vse Permit No. 95-33, Conditional Use Permit No. 95-34, Conditional Use Permit No. 95-35, and Conditional Uae Permit No. 95-36 with an additional condition for Conditional Use Permit No. 95-36 to prohibit left turns after 10:00 p.m. and provide notification to the neighborhood prior to Planning commission review. The motion was seconded by Commissioner Nal1e. AYES: Doughty, Brown, and Nalle NOES: Mondo, Oliver, Pedroza, and Segura ABSENT: None The motion failed. After further discussions regarding alternative routes for drivers, Commissioner Oliver moved to approve Conditional Use Permit No. 95-33, Conditional Uae Permit No. 95-34, Conditional Use Permit No. 45-35, and Conditional Uae Permit No. 95-36 with an additional condition to review the above conditional use permits six months after City Council approval. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None ' Chairman Mondo requested Mr. Reese to refer the neighbors complaints to the area manager of Pizza Hut for resolution. if concerns were not addressed, he would like him to inform the Commission during the six month review of the project. 8. CONDITIONAL VSS PERMIT NO. 95-31, VARIANCE IiO. 95-9. AND TENTATIVE PARCEL MAP N0. 95-173 (Larry Yenglin) Filed by DSL Service Company to allow a drive-through restaurant; a reduction in landscaping and parking; an increase in signage; and exemption from loading and trash requirements located at 3600 Weat McFadden Avenue in the Specific Plan No. 2 zoning district. LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 RSCONNENDATIONi 1. Approve specific requests of Variance No. 95-9 as conditioned by staff; deny specific requests of Variance No. 95-9; and adopt the findings as submitted by staff; 2. Approve Conditional Use Permit No. 95-31 as conditioned by staff and adopt the findings as submitted by staff; and 3. Approve Tentative Parcel Map No. 95-173 as conditioned by staff and adopt the findings as submitted by staff. Commissioner Nalle excused himself from the project due to a potential ' conflict of interest. Mr. Larry Yenglin provided an overview of the applicant's request to develop a shopping center on 22.51 acres. He indicated that the Conditional Use Permit was to allow a fast food drive-through eating establishment; a Tentative Parcel Map was to subdivide the site into 10 lots; and several variances were requested to allow relief for parking, lot frontage, landscaping, loading and trash areas, signs, and wall height. Staff is requesting approval for specific requests of the variance and is recommending denial for other requests of the variance such as trash area, loading zones, signs, architecture, traffic circulation. Proposed tenants include Wal*mart, Pic n Save, Smart and Final, Rosa, Big 5 Sporting Goods, a Fast food restaurant, Hometown Buffet, and small multi-tenants. Staff is also requesting an increase in the wall height to 11 feet to mitigate the noise level due to the close proximity of residential properties. pLAId1QR'IG COMMLSSION MINU1'E4 6 1ANUARY 8, 1996 Ms. Camile Courtney, representing DSL Service Company, indicated that the applicant would comply with staff's request for trash enclosures, loading zones, and circulation including the drive aisle width between huildings G and H. However the applicant requested relief from the following items: • cash payment contribution for a future traffic signal • delivery hour restrictions • architecture requirements proposed on wal*Mart facade • architecture requirements proposed for Hometown Buffet restaurant ' • restrictions related to auto storage and hours of operation for auto repair • the required Police Department security program Mr. Dave Lopez, local resident, indicated he would like less signs on the property and did not want Wal*mart to have multiple signs. He expressed support for the project, however objected to the specific sign with the shopping cart logo. In addition, Mr. Lopez expressed concerns regarding the project having noise impacts to the residential neighborhood. Ma. Sandra Thrower, Neighborhood Association, expressed concerns regarding the shopping cart sign logo, the height of the proposed sign, the multitude of shopping carte in the area, and indicated that she would like the neighborhood to review the CC&R's and plane before final approval to ensure that the shopping center will have an attractive appearance and the applicant would follow through with the agreed upon tasks. Mr. Joe Meyer, representing the applicant, thanked the Commission for consideration of the project. He indicated that deliveries for the Wal*mart store would be approximately two to four deliveries a day. There would be no refrigerated trucks nor truck lifts on site. Chairman Mondo asked Mr. Meyer for approximate times of deliveries. Mr. Meyer stated he could not give timelines for store deliveries. Commissioner Brown asked how many back up areas were against residential properties for truck deliveries. ' Mr. Meyer responded approximately four out of 11. Mitigation measures would be taken to eliminate noise. Commissioner Doughty moved to approve Conditional Use Permit No. 95-31, Variance No. 95-9, and Tentative Parcel Map No. 95-173 with revisions for the auto repair shop to close at 10:00 p.m.; to eliminate the 24 hour operation; and for staff and the applicant to work out the traffic signal concerns. There was no second for the motion. Commissioner Brown expressed support for the project but indicated concern regarding the extended hours of operation impacting the residential neighborhood. Commissioner Pedroza expressed support for the project. She indicated she had no objections to the six monument signs but felt that the additional wall sign was inappropriate. Chairman Mondo expressed support for the project however, he indicated that there were several outstanding issues regarding security, shopping carts, and the CC&R's. He felt staff and the applicant should continue discussing the issues before the Commission took action. After further discussion between the applicant, staff, and the Commission, Chairman Mondo moved to continue Conditional Uae Permit No. 95-31, Variance No. 95-9, and Tentative Parcel Map No. 95-173 to January 22, 1996. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Segura NOES: None ABSENT: None ABSTENTION: Nalle 9. ORAL CONMUNICATIONS - COM4Q+NTS FROM THE PUBLIC. (For matters not ureviously listed on the Aaendal No comments were received. 10. E%CUSE OF ABSENCES. There were no absences. PLANNING COMMJ3S[ON MINU'1'L'S 7 JANUARY 8, ] 99fi 11. Commissioner Oliver moved to adjourn the meeting at 11:22. The motion was seconded by Commissioner Segura and unanimously passed. ' ondo, Chairman Planni g Commission n PLANNQ~70 COMA4SSION MINIlfPS 8 JANUARY 8, 1996