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HomeMy WebLinkAbout09/25/1995MINUTES OF TBE REGULAR NEETIN6 CTTP OF SANTA ANA. CAT.TFORNIA MINUTES OF TBE REGULAR NEETIN6 CITY OP SANTA ANA, CALIFORNIA PLANNING CONNISSION Septes~ber 25, 1995 The Regular Meeting of the Santa Ana Planning Commission was called to order by Vice Chairperson Brown at 6:30 p.m. in Room 147 of the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Commissioners present included: Steve Oliver, Molly Doughty, Alexander Nalle, Lynnette Pedroza, and Teresa Segura. Also in attendance were Robyn Uptegraff, Executive Director, Kenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Charles View, Senior Planner, Linda Hale, Senior Planner, Jeffry Rice, Senior Planner, other t staff in attendance included: Joyce Ameraon and Pam Lucado, Public Works Agency, Hike McCoy and Yolanda Pena, Police Department; and Sharon McCain-Johnson, Recording Secretary. CONSENT CALEliD11Rt A. APPROVAL OP THE MINUTES of the regular Plannina Commission meeting of September 11. 1995. REC010UiND1-TION i Approve the minutes of the regular meeting of September 11, 1995. 8. RECONSIDERATION OF ACTIONS taken at previous meeting. None. C. ZONING ORDINANCE AMENDMENT NO. 94-4 filed by the City of Santa Ana to amend the Light Industrial (M1) and Heavy Industrial (M2) districts; delete the Commercial Manufacturing (CM) and Limited Manufacturing (LM) district; create a Manufacturing Commercial (MC) district; and amend Industrial parking requirements; and add minimum street frontage and lot size for industrial property. (sergio Klotz) RECO)~LL:NDATION Continue Zoning Ordinance Amendment No. 94-4 to October 9, 1995. D. REVIEW AND REVISION OF CONDITIONAL USE PERMIT NO. 88-11 to evaluate church operations and compliance with the conditions of approval for the Archangel Michael Coptic Church located at 4405 Weet Edinger Avenue in the Single Family Residence (R1) zoning district. (Charles View) RECONNENDATION: Continue Review and Revision of Conditional Use Permit No. 88-11 to October 9, 1995. E. R lution of findings for Conditional Uae Permit No. 95-15. (Richard Lay) RBCONNENDATION: Recommend that the Planning Commission adopt Resolution No. 95-2 making findings of fact with regard to the denial of Conditional Use Permit No. 95-15. Commissioner Oliver moved to approve the Consent Calendar items. Commissioner Nalle seconded the motion. AYES: Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: Mondo **** S N D O F C O N S E N T C A L E N D A R**** P. Coamanta from the Executive Director. (Robyn Uptegraff) 1. Ms. Uptegraff mentioned that item five on the evening agenda was the first Development Agreement that was made with the City. She noted that the ' circumstances requires an extension action by the Commission. 2. Ms. Uptegraff indicated that there would be a Court hearing on Wednesday, October 4, 1995 regarding 2828 North Bristol Street. 3. Me. Uptegraff stated she had attended the meeting in Las Vegas regarding the Uniform Building Code. Many officials attended and the group had many discussions regarding the occupancy limits in housing unite. 4. The Festival Hall Conditional Use Permit was set for Public Hearing at City Council on October 16, 1995. 5. The Northgate project was defeated by a vote of 4:3 by City Council. 6. Coieleata frog the Planniaa Manager. (Kenneth Adams) 6. Coieleata frog the Planniaa Manager. (Kenneth Adams) No cammenta were made. 8. Co~aats frog the Plaaaiaa Coauissioa 1. Commissioner Oliver inquired as to the issue between the City and Mr. J's. Mr. Adams indicated the issue was related to cover charges. Once the cover charges ceased there would no longer be a land use issue. 2. Commissioner Brown inquired regarding the status of Paddy Murphy's. ' Mr. Adams indicated that Paddy Murphy's had filed a lawsuit against the City regarding its sign change. Ma. Yolanda Pena noted that Paddy Murphy's no longer has a liquor license. S. Raoess. 2 PUBLIC HEARINGS PUBLIC HEARINGS ROLL CALLS 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 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, Aasietant City Attorney; Charles View, Senior Planner; Jeffry Rice, Senior Planner; Vince Fregoeo, Associate Planner; Larry Yenglin, Associate Planner; Bill Apple, Aasietant Planner II; Jamie Watanabe, Aasietant Planner ii; Marta Crane, Assistant Planner II, Mike McCoy of the Santa Ana Police Department; and Sharon McCain- Johnaon, Recording Secretary. PLEDGE O F ALL86IANCS TO THE FLAG: The Pledge of Allegiance was led by Chairman Mondo. ' PROCEDUR AL RVLBB: The procedural rules for the session were read by Chairman Mondo. PUBLIC BEARIN68s 1. Chairman Hondo requested item number one be moved to the end of the agenda at the request of the applicant. Commissioner Nalle seconded the motion. The recommendation was unanimously passed. Z. GENERAL PLAN AMENDIQ~NT NO. 95-6 filed by Scott Peotter to redesignate property located at 1913 Weet Edinger Avenue from Low Density Residential (LR-7) to General Business District (GBD). (Vince Fregoeo) LEGAL NOTICE: Published in The Resister September 10, 1995 PUBLIC NOTICES: Mailed September 13, 1995 RECOMl~NDATIONi Recommend that the City Council adopt a resolution approving General Plan Amendment No. 95-6 to amend the Land Use Element of the General Plan. Mr. Vince Fregoeo, Aasietant Planner Ii, presented an overview of the applicant's request to change the General Plan land use designation from Low Density Residential to General Business District which would allow retail and commercial uses, to demolish an existing kiosk, and to construct a new retail building. Mr. Fregoeo stated that the proposed project would provide site improvements such as perimeter landscaping, front yard setbacks, aignage, and new parking stalls. Staff had reviewed the project and recommends approval. Commissioner Oliver asked if Unocal indicated plane to sell alcoholic beverages on the premises. Mr. Fregoeo stated that the original request was to sell alcoholic beverages, however, staff informed the applicant that there would be no support for alcoholic sales due to the crime statistics of the project's location. The applicant decided to withdraw the request. Mr. Jim Cala, representing Unocal, stated that he agreed with the staff report and would comply with staff's requests. Commissioner Oliver inquired regarding the operating hours. Mr. Cale stated that the service station would remain operating for 24 hours. Commissioner Brown moved to recommend that the City Council adopt a resolution approving General Plan Amendment No. 95-6 to amend the Land Uae Element of the General Plan. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: None 3. CONDITIONAL VSE PBRNIT NO 95-19 filed by Tait and Associates to allow retail sales within an existing service station (Unocal) located at 1502 East Edinger Avenue in the Light industrial (M1) zoning district. (Vince Fregoeo) RECOIO~NDATION: ' Approve Conditional Use Permit No. 95-19 as conditioned by staff and adopt the findings as submitted by staff. Mr. Vince Freqoso, Aasietant Planner II, presented a brief overview of the staff report and stated that the applicant was requesting to allow operation of a convenience store with an existing Unocal service station. To accommodate the proposed project the applicant would bring the site into closer compliance with the zoning code by improving aignage, providing a trash enclosure, and 1,500 square feet of additional landscaping. These improvements would provide additional parking spaces. Staff reviewed the project and recommends approval of Conditional Use Permit No. 95-19. Commissioner Oliver asked what are the parking requirements for retail uses. PLANNING COMMASSmN lfINVl'6S Scpmmber 25, 1995 3 Mr. Fregoso stated that 1/250 square feet was required for auto repair services anA 4/1 nnn am,a ro foaY was rernlired fnr retail uses. Mr. Fregoso stated that 1/250 square feet was required for auto repair services and 5/1,000 square feet was required for retail uses. Mr. Tim Virus, Tait and Associates, thanked staff and indicated the operation would comply with staff's conditions. Commissioner Doughty moved to approve Conditional Use Permit No. 95-19 as conditioned by staff and adopt the findings as submitted by staff. The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: None ' Commissioner Oliver asked staff if an ordinance had been passed regarding a 24 hour operation within a residential area. Mr. Adams indicated that an ordinance had been passed regarding 24 hour restaurants; however, that ordinance did not effect service stations. Commissioner Oliver asked if there was any way to ensure that a loitering problem would not develop. Mr. Fregoso stated staff did not anticipate any problems with loitering at that location. Commissioner Oliver asked if staff was comfortable with the lighting provided. Mr. Fregoso stated that the Police Department's conditions required the site's lighting to be upgraded to current code standards. Commissioner Segura asked if the applicant could request an ABC license in the future. Mr. Adams stated that the applicant could apply for an ABC license, 6. AMENDMENT APPLICATION NO. 95-5 AND CONDITIONAL USE PERMIT NO. 95-20 filed by Victor Roshkerian to rezone property from the General Agricultural (A1) to Arterial Commercial (CS) zoning district and to entitle a Chevron gas station and car wash with a mini market located at 2600-2650 North Grand Avenue in the General Agricultural (Al) zoning district. (Larry Yenglin) LEGAL NOTICE: September 10, 1995 PUBLIC NOTICES: September 13, 1995 RSCWO®IDATION i Recommend that the City Council adopt an ordinance approving Amendment Application No. 95-5; and Approve Conditional Use Permit No. 95-20 as conditioned by staff and adopt the findings as submitted by staff. Mr. Larry Yenglin presented the staff report and indicated that the applicant's request was to rezone the property in order to construct a self-serve gas station along with a mini market and an automatic car wash. The service station and mini market ae proposed would be open 24 hours and the car wash would be open only during daylight hours. Mr. Yenglin stated that staff in addition to the request, recommends that the four adjacent parcels south of the applicants property also be rezoned to Arterial Commercial as part of the zoning clean up effort. Commissioner Oliver expressed concerns regarding the noise from the gas station and car wash and asked staff if at a later date, the noise level was louder than anticipated, would there be any additional ways to reduce the noise. Mr. Yenglin indicated that staff determined the best location for the car wash was on the south side of the property to minimize noise levels. The construction of the wall is expected to mitigate the noise. However, if the noise level is louder than anticipated, the height of the wall could be increased and also additional landscaping could be provided. ' Commissioner Doughty asked if the project was properly noticed and if there were any meetings held with the neighborhood. Mr. Yenglin stated the project had been noticed but there was no meeting with the neighborhood. Commissioner Brown inquired regarding the impacts of the zone change to the existing property owners. Mr. Yenglin stated the existing property would become legal nonconforming. Mr. ~KOShkerian, representing Chevron, indicated the gas at at ion would develop a vacant lot and help provide better services to the community. Me. Eileen Hertfelder, indicated she is in support of the project. MANNING CGMMLSS@DN MQiVfES Sepembe, 25, 1995 4 Mr. Joseph Getz, indicated he owns the shopping center east of the proposed car ...~aA s..A o....-veesA n..n nevna vnn~vA:nn Chu nrn~en~ nveal:nn ~AAi4inn~l tvaFF:n Mr. Joseph Getz, indicated he owns the shopping center east of the proposed car wash and expressed concerns regarding the project creating additional traffic congestion and problems. Commissioner Segura asked if the machinery could be operated after the car wash closed and if aomeone would be able to control loitering. Mr. Koahkerian indicated that the machinery would be controlled in the office, therefore, after the car wash closed it would be impossible for the machinery to bs operated. During operating hours there would be someone to control loitering, however after the car wash closed no staff would be available. Commissioner Pedroza asked if adequate lighting would be provided for the rear area of the car wash. Mr. Mike McCoy, Police Department, responded the code requires that a minimum of one foot candle be maintained for the entire site. Commissioner Oliver moved to recommend that the City Council adopt an ordinance approving Amendment Application No. 95-5 and approve Conditional Use Permit No. 95-20 as conditioned by staff and adopt the findings as submitted by staff. The motion was seconded by Commissioner Na11e. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None 5. DEVELOPI~NT AGREEMENT NO 85-1 filed by Catellus Development Corporation, Ingram Hicro Inc., and McDonnell Douglas Realty Company to extend Development Agreement No. 85-1 for PacifiCenter located generally north of St Gertrude Place and south of Edinger Avenue between Grand Avenue and Ritchey Street. (Bill Apple) LEGAL NOTICE: September 15, 1995 PUBLIC NOTICES: September 15, 1995 Recommend that the City Council adopt an ordinance approving the extension of Development Agreement No. 85-1. Mr. Bill Apple, Assistant Planner II, briefly indicated that the applicant requests to extend the Development Agreement for five years for the PacifiCenter. The extended Agreement would expire October 17, 2000. This Agreement would ' regulate any development within the boundaries of this project site and would be governed by the conditions and standards specified within the Development Agreement. Mr. Paul LaPlante, Ingram Micro, requested the Commission to support the extension of the Agreement and stated that the Agreement would help employ 1,600 people. Commissioner Nalle moved to approve Development Agreement No. 85-01. The motion was seconded by Commissioner Oliver. AYES: Hondo, Brown, Doughty, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: None 6. VARIANCB NO. 95-5 filed by Mr. Ralph Espinoza to allow a reduction in lot size and circulation requirements for the construction of a 1,423 square foot office building in the General Commercial (C1) zoning district. (Marta Crane) LEGAL NOTICE: September 15, 1995 PUBLIC NOTICES: September 15, 1995 RECOIYdr1iDATION: Approve Variance No. 95-5 as conditioned by staff and adopt the findings ae submitted by staff. Me. Marta Crane, Assistant Planner II, presented an overview of the applicant's request to allow relief from lot size and circulation to construct an office building on the southwest corner of Edinger. Staff recommended approval of the ' project as conditioned. Commissioner Oliver asked if the applicant owned the adjacent lot and if eo, why staff would recommend the development of the smaller size parcel. Ma. Crane indicated that staff reviewed the project as a freestanding entity. Mr. Adams noted that the code requires a 15,000 square foot parcel for commercial development. Staff had a responsibility to review the request by the applicant, however the Commission needs to evaluate the request against its previous policies. Commissioner Oliver expressed concerns regarding allowing the development of a smaller parcel when the applicant has the opportunity to meet the required lot size. PLANNING CGMM1%lOH MINLTfFS Sepmeber 25, 1995 5 Hr. Ralph Espinoza, indicated he was an inexperienced developer when he purchased 44.- r.rn..u..4.. sr..i i. a.i L.nnnd 4n ,i c..nlnn 4Y.c ~.-nrnv4.. i.. v4l.ev L...4 ...tee 1:...:4 e.i .i.... Hr. Ralph Espinoza, indicated he was an inexperienced developer when he purchased the property and had hoped to develop the property further but was limited due to financial constraints. In the future, he planned to develop the teat of the property. Commissioner Oliver moved to deny Variance No. 95-5. The motion was seconded by Commissioner Mondo. Commissioner Oliver commented that the Commission had been approached numerous times regarding applicants not having the opportunity to expand due to limited space and felt it would be illogical for the Commission to approve this project when additional apace was available. AYES: Mondo, Brown, and Oliver NOES: Nalle, Pedroza, and Segura ABSENT: Doughty Due to the deadlock of the vote, Chairman Mondo moved to continue the item to the next Planning Commission meeting (October 9, 1995). The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty 7A. GENERAL PLAN AMENDMENT NO. 95-5 filed by the City of Santa Ana to amend the Land Use Element of the General Plan to include policies addressing the conversion of residential buildings to condominiums. (Jamie Watanabe) LEGAL NOTICE: Published in The Reciater September 10, 1995 PUBLIC NOTICES: Mailed September 13, 1995 Recommend that the City Council adopt a resolution approving General Plan Amendment No. 95-5 to amend the Land Use Element of the General Plan. E. OADINANCB NO. 95-01 filed by the City of Santa Ana to revise Chapter 34 of the Santa Ana Municipal Code to require that all new condominium conversion propoeala meet minimum standards and discretionary approval. (Jamie Watanabe) LEGAL NOTICE: Published in The Reciater September 10, 1995 ' PUBLIC NOTICES: Mailed September 13, 1995 R8C0]IN617DATI0N: Recommend that the City Council approve Ordinance Amendment No. 95-O1. Mr. Jamie Watanabe, Assistant Planner II, presented the staff report and indicated that staff, at the direction of the Planning Commission, proposes a General Plan Amendment and Ordinance for evaluating condominium conversions. The proposed amendment addressee issues raised by staff and the commission to ensure quality condominium conversions. Commissioner Oliver indicated that the proposal had improved from past propoeala but expreeaed concerns whether condominium conversion projects could be supported based on the proposed point system in the staff report. Mr. John Withers, Psomas and Associates, indicated that the proposed Amendment had improved and expreeaed concerns regarding any project meeting all of the standards. Dr. Jean Jaques Vollen, thanked staff and Commission for the lengthy efforts and indicated he looked forward to promoting quality converaiona. Commissioner Oliver stated that requiring individual water meters were significant but felt that the relocation figure was less than the State and Federal relocation requirements. Mr. Adams indicated staff used local housing statistics ae a basis to arrive at staff's figures. Staff was aware that the State and Federal guidelines are ' significantly higher. Commissioner Oliver moved to recommend that the City Council adopt a resolution approving General Plan Amendment No. 95-5 and Ordinance No. 95-1. in addition to the motion Commissioner Oliver moved to revise the proposed point system. Commissioner Nalle seconded the motion. Chairman Mondo noted that he concurred with Commissioner Oliver. However, based on the criteria, many projects would not meet the standards. Therefore, approval of condominium converaiona would require a discretionary action. AYES: Mondo, Brown, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: Doughty PLANNING COMMLVWN MINVfFS Scpcmh, 25, 1995 6 8. ORAL COMMUNICATIONS - CONl6ENT3 FROM THE PUBLIC. Ilnr am*~~ra nn- nr~vi nnmly lim+rtA nn +ha LnnnAml 8. ORAL COMMUNICATIONS - COMMENTS FROM THE PUBLIC. (For oattsrs aot oreviouely listed oa the Aaeadal There ware no comments. 9. EZCUSE OF ABSENCES. There were no absentee. 10. The meeting adjourned at 9:17 p.m. PLANNQIG COMMISSNIN A/Q/VfFS 7 s~w~~, u. ~ws