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.
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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
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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
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Mr. Joseph Getz, indicated he owns the shopping center east of the proposed car
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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
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Hr. Ralph Espinoza, indicated he was an inexperienced developer when he purchased
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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
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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
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