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HomeMy WebLinkAbout07/24/1995MINUTES OF THE REGULAR MEETING rTmv nv anumn nun rnr.r vnautn MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION July 24, 1995 The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Mondo at 6:30 p.m. in Room 147 of the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Other Commissioners present: Steve Oliver, Molly Doughty, Alexander Nalle, Lynnette Pedroza, and Teresa Segura. A1eo in attendance were Richard Lay, Assistant City Attorney; Kenneth Adams, Planning Manager; Jeffry Rice, Senior Planner other staff in attendance included: Mike McCoy, Police Department; and Sharon McCain-Johnson, Recording Secretary. CONSENT CALENDAR: A. APPROVAL OF THE MINUTES of the regular Plaaniaq Commission meeting of Jul 10, 1995. RECOMMENDATION: Approve the minutes of the regular meeting of July 10, 1995. B. RECONSIDERATION OF ACTIONS taken at previous meeting. RECOMMENDATION: 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) districts; create a Manufacturing Commercial (MC) district; amend Industrial parking requirement e; and add minimum street frontage and lot size requirements for industrial property. (Sergio Klotz) Continue Zoning Ordinance Amendment No. 94-4 to August 14, 1995. D. ORDINANCE AMENDMENT 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 proposals meet minimum standards and discretionary approval. (Jamie Watanabe) RECOMMENDATION: Continue Ordinance Amendment No. 95-1 to September 25, 1995. Commissioner Oliver motioned to approve the Consent Calendar items. The motion was seconded by Commissioner Nalle. AYES: Mondo, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: Brown **** E N D O F C O N S E N T C A L E N D A R**** D. Comments from the Executive Director. (Robyn Uptegraff) F 1. Ma. Uptegraff stated the Northgate Market project was continued by City Council to August 7, 1995. Council will be having a study session Monday, July 31, 1995. Comments from the Planning Manager. (Kenneth Adams) 1. Mr. Adams indicated Mr. Lay is drafting an ordinance regarding the single family residential unit expansion. The item will be formally brought to the next Planning Commission meeting. Commissioner Doughty asked when the Condo Conversion proposals will come to Planning Commission. ' G. 1. 2. 3. Mr. Adams indicated the item has been continued for 60 days and is scheduled for the September 25, 1995 Planning Commission meeting. Comments from the Plaaniaq Commission Commissioner Doughty stated that the Planning Division did a very good job on the Development Review Process presentations. Commissioner Doughty asked if any feedback had been received from the previous Planning Commission meeting regarding the Nineteenth Street diverter comments. Me. Uptegraff responded that the comments were delivered to the Council and they acknowledged receipt. Although there was no formal response, she indicated she thought there was a fairly even split among the Council. Commissioner Doughty asked the status of the property located at 2828 North Bristol. Ms. Uptegraff indicated that the City Attorney is proceeding with legal ~n~ i n.. ... nn..vt ...: 1-h ~hc . n!•cn•• f-n Acmnl i ah 1-hc .-ems. n i nn eF v.. of ..vice The Ms. Uptegraff indicated that the City Attorney is proceeding with legal action in court with the intent to demolish the remaining structures. The property owner still feels the City is being too unreasonable. Commissioner Douqhty asked if the golf course expansion for the location being considered. Ms. Uptegraff indicated staff hasn't given up the possibility of pursuing the expansion to the golf course. 4. Commissioner Oliver asked the statue of the Vons shopping center on North Bristol. ' Ms. Uptegraff responded the current owner of the property would like to start leasing the vacant buildings. She indicated there does exist a conceptual proposal to renovate the center. 2 PUBLIC NEARINGS 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 Oliver, Doughty, Nalle, Pedroza, and Segura. Also in attendance were Kenneth Adams, Planning Manager; other City staff in attendance: Richard Lay, Assistant City Attorney; Bill Apple, Assistant Planner ZI, Jeffry Rice, Senior Planner; Mike McCoy of the Santa Ana Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Chairman ' Mondo. PROCEDURAL RULES: The procedural rules for the session were read by Chairman Mondo. PUBLIC HEARINGS• 1. AMENDMENT APPLICATION NO. 95-3, CONDITIONAL USE PERNIT NO. 95-10, AND CONDITIONAL USE PERMIT NO. 95-14 filed by Mr. Lee Co itz to allow a gas station/mini market and the sale of beer and wine for off-premise consumption located at 1351 East Dyer Road in the Light Industrial (M1) zoning district. (COntinved by Planning Commission Jvne 26, 1995 to Jaly 24, 1995) A. Amendment Application No. 95-3 to change the zoning designation from Light Industrial (M1) to Specific Development No. 12 (SD-12) and amend the permitted uses in Specific Development No. 12. Recommend that the City Council adopt an ordinance approving Amendment Application No. 95- 3. B. Conditional Use Parmit No. 95-10 to convert the existing auto service area into a mini market; add gas pampa; and a canopy to an exiting gas station within the Specific Development No. 12 (SD-12) zoning district. RECOMMENDATION: Approve Conditional Use Permit No. 95-10 as conditioned by staff and adopt the findings as ' submitted by staff. C. Conditioaal Use Permit No. 94-14 filed by Mr. Coitz to allow the sale of beer and wine for off-premise consumption at the gas station/mini market. (Bill Apple) RECOMMENDATION: Approve Conditional Uae Permit No. 95-14 as conditioned by staff and adopt the findings as submitted by staff. Mr. Bill Apple, Assistant Planner II, gave a brief overview of the staff report and mentioned the project came before the Commission at the previous meeting of July 10, 1995. Mr. Apple indicated the applicant is requesting to remodel an existing gas station on the northwest corner of Grand Avenue and Dyer Road by converting an existing auto repair bay into a mini market; sell beer and wine within the mini market; add a new four vehicle gas island and canopy; and upgrade landscaping and signage. The area ie average in police related incidents. However, Mr. Apple indicated the only outstanding issue remaining consists of accommodating the applicant's request for additional pole lights; staff believes the poles provide unnecessary signage opportunity and lighting provided by the canopy is adequate. Staff recommended approval of the Amendment Application, Conditional Use Permit No. 94-10, and Conditional Use Permit No. 94-14 as conditioned. . Commissioner Oliver asked what are the proposed hours for the sale of beer and wine. Mr. Apple indicated that no hour limitations were established ' although the Police Department normally regulates the hours for alcoholic sales. Commissioner Oliver asked if staff has any control over the floor area ratio being used to sell beer and wine. Mr. Apple indicated that no floor area ratio was applied and the formula is normally associated with market establishments. Mr. Adams stated floor area ratios for gas station convenience outlets are not usually regulated through the City. Commissioner Oliver asked if there are any special rules or regulations to selling alcoholic beverages for mini markets at service stations. PLANNING COMMLCSmN MINUfFS Iuly ]A, 1995 3 Mr. Adams responded, no. Mr. Adams responded, no. Commissioner Doughty asked if small wine bottles would be regulated or sold at this location. Mr. Mike McCoy, Police Department, indicated small supplies of wine are regulated depending on the area of the project and the hours of operation. Commissioner Oliver asked if ABC regulates the types of alcoholic beverages sold at markets of this kind. Mr. McCoy indicated ABC regulates the types of alcohol sold. The ' types of alcohol sold are usually recommended by the City Council and ABC considers that recommendation in its decision. Although the regulation was general in nature. Commissioner Oliver asked what regulates the types of alcohol sold. Mr. McCoy stated crime rate, owner background information, and previous site history. Commissioner Doughty asked what was regulated for this property. Mr. McCoy indicated the station received standard conditions each as exterior advertising and review of the project annually. Commissioner Doughty asked where the closest location is that salsa alcoholic beverages. Mr. Apple stated the local hotels in Hotel Terrace sell alcoholic beverages at their restaurants. Commissioner Oliver asked if the project is approved, could the staff live with the lighting standards as recommended by the applicant. Mr. Apple stated yes. Mr. Tidball, representing Mobil Oil, indicated he has been working with staff on the project for some time and has come a long way. The light pole has been discussed and Mobil has stipulated that the signs be removed and not replaced. However, Mobil have requested additional lighting because we feel there is not adequate lighting provided at the location. Mr. Tidball also stated the mini market ' would close daily at 10:00 p.m.; gas and small items will be sold through the window after the mini market closes. Commissioner Oliver asked how large is the convenience store. Mr. Tidball indicated approximately 1,300 feet. Commissioner Oliver asked how large is the cooler and how many coolers will there be for alcohol. Mr. Tidball indicated there will be a total of seven coolers. Up to four coolers may be used for alcoholic beverages. Commissioner Oliver stated he does not want to hamper Mobil's economic potential but he would like to add a condition prohibiting the sale of single cans/bottles of beer or wine. Commissioner Nalle asked can one of the conditions be for the project to be reviewed at six months or annually and if conditioned this way, ie there anything precluding the City from adding or deleting any of the conditions. Mr. Richard Lay, Assistant City Attorney, indicated the conditions state that they can be modified. Commissioner Nalle asked what SAMC 10-6 addresses. Mr. McCoy stated it's the no loitering ordinance. ' Commissioner Oliver asked Mr. Nick Nodust the dealer of the station, if he has operated a mini market previously. Mr. Nodu at stated no. Commissioner Oliver asked Mr. Nodust if it would be inconvenient for him if the sale of single cans of beer or wine were prohibited. Mr. Nodust stated he has no objection to not selling single cane of beer or wine. Chairman Mondo asked Mr. Nodust what would be sold through the window after the mini market closes at 10:00 p.m. PLANNING COMMISSION MINUTES luly ]R, 1995 4 Mr. Nodust stated any item that would fit through the window. As to fhn aellinn of }~ecv ~nA r.n no •he m.n• m~vLc4 v.r~..lA F..11..... •he Mr. Nodust stated any item that would fit through the window. As to the selling of beer and wine, the mini market would follow the City's direction. He desires a decent operation and the mini market doors would close at that hour due to security purposes. Chairman Mondo asked if a six pack of beer would fit through the window. Mr Nodust stated yes. Commissioner Oliver motioned to approve Amendment Application No. 95-3, Conditional Use Permit No. 10 and Conditional Use Permit No. 14. However he indicated he would like to add the following conditions: 1. The sale of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. to 12:00 a.m., seven days a week; 2. Beer shall be sold on the premises only in package units of a six pack or more, and not by individual cans or bottles. No wine shall be sold in bottle or container smaller than 750 ml or a four pack of wine coolers. The sale of wine coolers shall be sold in package units of four or more and not by individual cans or bottles; and 3. No wine shall be sold with an alcohol content greater than 15 percent by volume. No fortified beer or wine to be offered for sale. Commissioner Nalle seconded the motion. Commissioner Doughty stated she would vote no on the project. She indicated she feels alcohol leads to problems and she doesn't want any new beer and wine sales. She also reminded the Commissioners that they voted no to the selling of beer and wine at Saddleback Inn. Commissioner Oliver indicated he is interested in a policy regarding the floor area ratio or square footage for selling beer and wine. Commissioner Nalle asked Mr. Nodust if the sale of beer and wine were not permitted, would Mobil consider other alternatives. ' Mr. Nodust indicated he would continue the operations of the mechanic shop. Commissioner Nalle asked Mr. Nodust if he approached Mobil to add the mini market. Mr. Nodust responded no. He wanted improvements to the location by adding additional gas pumps. But he was informed he would have to close the mechanic shop. Commissioner Nalle asked if selling alcoholic beverages is more profitable than the operation of a mechanic shop. Mr. Nodust indicated he believed the mechanic shop to be more profitable. Commissioner Nalle asked Mr. Nodust since the mechanic shop is more profitable, why add the mini market. Mr. Nodust stated: 1) to make Mobil happy, they prefer a mini market; 2) to make the site much nicer and reduce the noise from the mechanic shop; 3) having the mini market ie economically easier than having a mechanic shop; and 4] he can spend more time with his family. Commissioner Oliver requested that the Police Department draft terms for the selling of alcoholic beverages so the Commission can refer to a package when similar projects are reviewed. ' Chairman Mondo requested that this policy be brought to a afternoon session for discussion. Commissioner Nalle responded he feels it's a mistake for the Commies ion to micromanage every business. He indicated, if a owner says he won't sell single cans/bottles of alcoholic beverages, he probably won't. Chairman Mondo responded he agrees with Commissioner Oliver's recommendation. Although it does express a form of micromanagement. Chairman Mondo asked Commissioner Oliver if he wanted to include the aignage issue in his motion. PLANNING COMMISSION MQiVIES luty ]A, 1995 5 Commissioner Oliver he would support permitting the existing Commissioner Oliver he would support permitting the existing lighting to stand as long as the illegal signs were removed from the light poles. Chairman Mondo requested a roll call vote with Commissioner Oliver'e motion and Commissioner Nalle's second of the motion. AYES: Mondo, Oliver, Nalle, Pedroza, and Segura NOES: Doughty ABSENT: Brown 2. VARIANCE NO. 95-4 filed by Mr. Robert Fiscus and Associates to increase the maximum permitted height of a freeway pole sign from 35 feet to 100 feet on a property 563 feet from the freeway off-ramp. (Larry Yenglin) (COntznued by Planning Commission July I0, 1995) RECOMMENDATION: Deny Variance No. 95-4 and adopt the findings as submitted by staff. Mr. Jeffry Rice, Senior Planner, gave an overview of the staff report and displayed elides of the area. He indicated the proposed sign is for a Chevron gas station and is 70 feet in height, more than twice the allowed height by code; the area is approximately 85 square feet; and the distance is 563 feet from the freeway exist centerline. Mr. Rice indicated the request comes before the Commission due to the freeway widening. The applicant feels the signage height should be increased because the improvements made to the freeway make it difficult to see the station from the freeway and so motorists can see the gas station sign. Mr. Rice indicated staff is recommending denial of Variance No. 95-4 and the surrounding businesses are opposed to the signage and feel if this sign is allowed their business sign height should also be increased. Commissioner Na11e asked if Caltrans would allow the applicant to put a sign on the freeway. Mr. Rice indicated that is only allowed on major freeways in rural areas. Mr. Robert Fiscus, applicant, displayed pictures of the location and indicated the proposed freeway sign is due to the visibility problems associated with the freeway height and expansion. He noted that the proposed sign is not an unsightly sign, and that he would like the ' motorists to know the service station exists. Mr. Edward McKie, representing French Court Neighborhood, thanked Chevron for the recent improvements to the site. However, he indicated the neighborhood strongly opposes the sign and supports staff's recommendation. Mr. James Marquez stated he appreciates the improvements to the site, especially the lights but he is opposed to the sign. Mr. Todd Walsh thanked Chevron for the recent improvements made to the gas station, however the sign is not in the beat interest of the neighborhood. The gas station is in a good location and currently attracts many customers. The proposed sign looks nice but ie too much. Mr. James Kendrick, complimented Chevron for the recent improvements. He stated that the City has been working to clean up Seventeenth Street and this sign would not be in the beat interest for the neighborhood. Mr. Steve Krieger indicated he currently is constructing a gas station and the new freeway wall makes the sites in the area lose their visibility from the freeway. There is no existing gas station from Redhill to Harbor Boulevard; these gas stations create tax dollars and revenue for the City. Mr. Kreiger stated, at his site, he has five times the amount of landscaping than the code requires and that sign will not be intrusive to the neighborhood. However, if this sign is not approved, he would like the Commission to consider amending the current sign standards for this area. Chairman Mondo closed the public hearing. Commissioner Oliver motioned to deny Variance No. 95-4 and stated it ie disingenuous for Mr. Krieger to state that the pole sign would not be intrusive to the neighborhood. Staff can deal with the problems of signage in the freeway area as deemed appropriate. Commissioner Pedroza expressed her appreciation to the improvements made by Chevron but indicated she was in agreement with the motion and stated the sign is too large for the area. AYES: Mondo, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: Brown PLANNING COMMISSION MINUfFS lup 7A, 1995 6 3. ZONING ORDINANCE AMENDMENT NO. 95-1 (SPECIFIC PLAN FOR STREET ALIGNNENT NO. 561 ANn M2T26ATF.n IaF.RLTTVA: nF.CT.1l R]1TTnN ,F.R ran. OQ-rt'f~ i:1vA 1... .,... 3. ZONING ORDINANCE AMENDMENT NO. 95-1 (SPECIFIC PLAN FOR STREET ALIGNMENT NO. 561 AND MITIGATED NEGATIVE DECLARATION (ER NO. 93-1171 filed by the City of Santa Ana's Public Works Agency to widen Standard Avenue from Santa Ana Boulevard to Chestnut Street to two lanes in~each direction (north and south) and realign the roadway. (Maya DeROSa) (Gene Niemasz) A. Zoaina Ordinaace Amendment No. 95-1 RECOMMENDATION: Recommend that the City Council approve Zoning Ordinance Amendment No. 95-1 for amending the future right-of-way lines for Standard Avenue (Specific Plan for Street Alignment No. 56) B. Nitigated Negative Declaration (E 93-117) RECOMMENDATION: Recommend that the City Council approve the Mitigated Negative Declaration (ER No. 93-117). Commies inner Oliver motioned to continue Zoning Ordinance Amendment No. 95-1 to August 14, 1995. The motion was seconded by Commissioner Segura. AYES: Mondo, Oliver, Nalle, Pedroza, and Segura NOES: None ABSENT: Brown and Doughty 4. E%CUSE OF ABSENCES. Commissioner Oliver motioned to excuse Commissioner Brown's absence. The motion was seconded by Commissioner Nalle and passed unanimously. 5. ADJOURNMENT. The Planning Commission meeting adjourned at 8:35 p.m. i /~k l~ I . '/' `7a G, n ondo, Chairman Planning Commission _% PLANNING COR9NISSION NINNIES Iuly 7A, 1995 7