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HomeMy WebLinkAbout12/11/2000ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION December 11, 2000 CALLED TO ORDER City Hall Council Chambers 22 Civic Center Plaza 5:05 p.m. ATTENDANCE: Glenn Mondo, Chairman Alexander Nalle, Vice Chairman Molly Doughty Lynnette Verino Don Cribb Robert Richardson, 5:20 STAFF PRESENT; Cynthia Nelson, Deputy City Manager Kenneth Adams, Planning Manager Ben Kauffman, Chief Assistant City Attorney Joyce Amerson, Public Works Agency Jeffry Rice, Principal Planner Joseph Edwards, Principal Planner Mike McCoy, Police Department Sharon McCain Johnson, Commission Secretary CONSENT CALENDAR A. Approval of the Minutes from the regular meeting of November 27, 2000. `~ RECOMMENDATION: Approve the minutes from the meeting of November 27, 2000. B. Recording Secretarv Report The November 27, 2000 Agenda was posted at the City Hall Council Chambers on November 22, 2000 at 9:45 a.m. C. CONDITIONAL USE PERMIT NO.00-21 Filed by Mr. Juan Alberto Nolasco to allow a Type 41 Alcohol Beverage Control License in order to sell beer and wine at Anita's Restaurant located at 2317 West First Street, Suite A. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-21 as conditioned. D. CONDITIONAL USE PERMIT NO.00-22 Filed by Mr. Juan Jose De Anda to allow a Type 41 Alcohol Beverage Control License in order to sell beer and wine for on-premise consumption at the Taqueria De Anda restaurant located at 1029 East Fourth Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-22 as conditioned. 1 **** END OF CONSENT CALENDAR*** Commissioner Mondo removed item D from the Consent Calendar. Commissioner Cribb removed the minutes from Consent Calendar. Commissioner Verino removed item C from Consent Calendar. Motion to approve item B of the Consent Calendar items. MOTION Verino Mondo, Nalle, Doughty None Richardson None SECONDED: Verino, and Cribb Nalle AYES: NOES: ABSENT: ABSTENTION: E. CONDITIONAL USE PERMIT NO.00-21 Filed by Mr. Juan Alberto Nolasco to allow a Type 41 Alcohol Beverage Control License in order to sale beer and wine at Anita's Restaurant located at 2317 West First Street, Suite A. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-21 as conditioned. Commissioner Verino asked staff if the applicant had reviewed the conditions of approval and if there were any objections raised. Mr. Kenneth Adams informed the Commission that at the Zoning Administrator hearing, the applicant stated that he had reviewed and had no objections to the conditions of approval. Motion to receive and fife the staff report approving Conditional Use Permit No. 00- 21 as condliioned. MOTION: Verino SECONDED: Doughty AYES: Mondo, Nalle, Doughty, Verino, and Cribb NOES: None ABSENT: Richardson ABSTENTION: None F. CONDITIONAL USE PERMIT NO.00-22 Filed by Mr. Juan Jose De Anda to allow a Type 41 Alcohol Beverage Control License in order to sell beer and wine for on-premise consumption at the Taqueria De Anda restaurant located at 1029 East Fourth Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-22 as conditioned. Commissioner Mondo noted that there were mitigation measures stated in the CEQA documentation that was not indicated on the conditions of approval regarding security guard and private events and he requested staff clarify the issues concerning the mitigation measures. 2 PLANNING COMMISSION AGENDA DECEMBER 11, 2000 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS Chairman Mondo announced to the public and the Commission that a letter had been received requesting a continuance of Conditional Use Permit No. 00-t 5 and Conditional Use Permit No. 96-39. 1. CONDITIONAL USE PERMIT NO.00-15 (APPEAL NO. 00-08) Filed by Mr. Alex Burrola to appeal the Zoning Administrator's decision not to allow a Type 20 Alcohol Beverage Control License in order to sell beer and wine for off-premise consumption at the Super Antojitos Meat Market located at 2307 South Bristol Street. (Continued by the Planning Commission November 13, 2000 to December 1 i, 2000) PUBLISHED IN THE REGISTER: November 3, 2000 PUBLICLY NOTICED: November 3, 2000 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 00-15. Motion to continue Conditional Use Permit No. 00-15 to January 8, 2001. MOTION: Doughty SECONDED: Cribb AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: None 2. CONDITIONAL USE PERMIT NO.96-39 Filed by EI Tapatio to modify conditions of approval to allow after hour operations; public dancing; and music at an existing restaurant located at 3700 West Warner Avenue, Suite B. (Continued by the Planning Commission November 13, 2000 to December 11, 2000) 1 PUBLISHED IN THE REGISTER: November 3, 2000 PUBLICLY NOTICED: October 29, 2000 RECOMMENDATION: Deny the request to modify the conditions of approval for Conditional Use Permit No. 96- 39. Motion to continue Conditional Use Permit No. 96-39 to January 8, 2001. 5 MOTION: Cribb SECONDED: Doughty AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: None 3. Filed by Ms. Pamela Sapetto to amend the General Plan designation from Professional and Administrative Office (PAO) to General Commercial (GC), to change the zoning district from Professional (P) to Community Commercial (C1) in order to establish a lodge at an existing structure with a reduction in parking requirements located at 1421 East Seventeenth Street. (Continued by the Planning Commission November 27, 2000 to November 27, 2000) PUBLISHED IN THE REGISTER: LEGALLY NOTICED: RECOMMENDATION: Recommend that the City Council: November 3, 2000 October 29, 2000 1. Deny General Plan Amendment No. 00-06. 2. Deny Amendment Application No. 00-13. 3. Adopt a resolution denying Variance No. 00-23 as conditioned. 4. Adopt a resolution denying Conditional Use Permit No. 00-10 as conditioned. Mr. Jeffry Rice, Principal Planner, informed the Commission that the proposed lodge was continued at the previous meeting in order to allow the applicant and the neighborhood to have a meeting and discuss concerns regarding the project. Chairman Mondo informed the public chat the public hearing had been opened, conducted, and closed at the previous meeting. He would receive comments from the applicant and the neighborhood representative. Ms. Pamela Sapetto, representing the applicant, confirmed that a meeting occurred; informed the Commission that she did not attend the meeting. However, she believed the general community supported the request with the proposed conditions of approval. In addition, she informed the Commission that concerns had been raised regarding the proposed zone change. Mr. Winston Covington, President of Portola Park Neighborhood Association, confirmed that a meeting occurred; indicated that the two representatives for the project did not attend the meeting; the neighborhood was against the proposal. However, if the zoning was not amended, the neighborhood may consider the request with conditions of approval. Mr. Harvel Tasch, local resident, expressed his concerns regarding: 1) the proposed zoning amendment; 2) the negative impacts that could result to the neighborhood due to the parking demands; and 3) enforcement of parking. Mr. John Lear, local resident, requested clarification of the hours of operation of the lodge; inquired as to the permits for the proposed project with the outstanding issues; and expressed concerns regarding the parking limitations. Several Commissioners inquired as to the allowed uses under the area's current zoning. 6 Staff informed the Commission that restaurant or office uses would be allowed under its current zoning. Commissioner Cribb commented that he could not support the proposed project. He believed East Seventeenth Street was an entryway into the City and the area attracted retail uses. He further indicated that he could support a quality restaurant, if proposed in the future. Motion to recommend that the City Council: 1) adopt a resolution approving General Plan Amendment No. 00-06; 2) adopt an ordinance approving Amendment Application No. 00-13; 3) adopt a resolution approving Variance No. 00-23 with the addition that an approved security guard be provided for special events and 4) adopt a resolution approving Conditional t/se Permit No. 00-10 with the addition that an approved security guard be provided for special events. MOTION: Mondo SECONDED: Doughty Chairman Mondo commented that the request was not an easy decision; the rezoning was appropriate; that the residents concerns would be equally applicable to other permitted uses. He further suggested to the neighborhood to consider parking permits for the area; and he emphasized that if the project was approved he would have no hesitation revoking the conditional use permit if the conditions of approval were not adhered to. Commissioner Doughty stated that she concurred with Chairman Mondo and she believed the lodge could become a good neighbor to the adjacent residents. Commissioner Richardson emphasized that the adjacent neighbors were opposed to the project and he urged the Commission to reconsider supporting the project due to the neighborhood concerns expressed. Mr. Winston Covington emphasized to the Commission that the neighborhood was opposed to the project. However, if the Commission chose to approve the project, he requested that conditions of approval be applied concerning a security guard, special events, hours of operation and he reiterrated that the neighborhood did not support rezoning the area. Ms. Pamela Sapetto stated that the applicant would be willing to provide a security guard for events at the lodge. Commissioner Verino stated that she would not support the motion due to the long term impacts that could occur; she commented that she believed the site could not support future growth; and she did not want to see the applicant continue to provide funding for the project. AYES: Mondo, Nalle, and Doughty NOES: Verino, Cribb, and Richardson ABSENT: None ABSTENTION: None Due to the impasse, Chairman Mondo informed Ms. Sapetto that she could request a ~, continuance for further Commission consideration or she could accept a denial and the proposed project would be forwarded to City Council. Ms. Sappetto requested that the project be forwarded to City Council for consideration. (Genera! Plan Amendment No. 00-06, Amendment Application No. 00-13, Conditional Use Permit No. 00-23, and Variance No. 00-10 denied due to impasse). 4. VARIANCE NO.00-17 / 7 Filed by North American Properties to increase the height and size of a pylon sign; allow secondary signage on the primary building elevation; decrease landscaping around freestanding signs; and increase secondary building signage located at 1750 East Edinger Avenue in Specific Development 69 zoning district. PUBLISHED IN THE REGISTER: November 26, 2000 PUBLICLY NOTICED: November 29, 2000 RECOMMENDATION: 1. Approve and certify the Negative Declaration for Environmental Review No. 00- 194. 2. Adopt a resolution approving Variance No. 00-17 as conditioned. Commissioner Nalle indicated that he would abstain from the discussion and action of Variance No. 00-17 due a conflict of interest. Mr. Bill Apple, Associate Planner, provided an overview of the staff report and recommendation. Ms. Rebecca Miller, Mr. Milton, Solomon, and Mr. Mike Jensen, representing the applicant, provided comments in support of the variance request and answered questions concerning the request for signage. Chairman Mondo opened the public hearing at 8:00 p.m. There were no public comments. Chairman Mondo closed the public hearing at 8:01 p.m. Motion to: 1) approve and certify the Negative Declaration for Environmental Review NO. DO-194; and 2) adopt a resolution approving Variance No. 00-17 as conditioned. MOTION: Cribb SECONDED: Richardson AYES: Mondo, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: Nalle 5. VARIANCE NO.00-16 AND MINOR EXCEPTION NO.00-03 Filed by Second Baptist Church to allow walls and fences to exceed the maximum allowed height and abut residential property; and shared parking in order to construct a new church facility located at 4300 Westminster Avenue in the Community Commercial (C1) zoning district. PUBLISHED IN THE REGISTER: November 26, 2000 PUBLICLY NOTICED: December 1, 2000 RECOMMENDATION: 1. Approve and certify the Negative Declaration for Environmental Review No. 99-83. 2. Adopt a resolution approving Variance No. 00-16 as conditioned. 3. Adopt a resolution approving Minor Exception No. 00-03 as conditioned. 8 Ms. Ann Ni, Associate Planner, presented the staff report, recommendation, and provided an overview of the proposed project. Commissioner Mondo noted that the environmental documentation indicated mitigation measures that were not included in the conditions of approval and asked staff to clarify if the mitigation measures were necessary to include in the conditions of approval. Mr. Jeffry Rice, Principal Planner, indicated that staff would like to request that the mitigation measures be included in the conditions of approval, if the Commission chose to approve the request. Commissioners inquired as to whether or not staff was requesting the applicant provide a vine on the proposed fence and if staff had addressed graffiti issues at the location. Ms. Ni indicated that the applicant would be required to apply landscaping to soften the appearance, however staff had not received a landscape plan for the site. Mr. Rice stated that graffiti had not been a problem at the location. Chairman Mondo opened the public hearing at 8:11 p.m. Mr. Matt Evans, representing the applicant, provided comments in support of the project and indicated that the architect was currently working on the landscape plan. Mr. Tom Matlock, representing the applicant, requested clarification of conditions of approval numbers A2 and A3 related to assembly, thrift shops, and food distribution and asked if the condition precluded providing food to needy families. Mr. Rice clarified that there was to be no mission type uses at the site and if the applicant wished such activities, a formal application or request needed to be forwarded to staff. Motion to: 1) approve and certify the Negative Declaration for Environmental Review No. 99-83; 2) adopt a resolution approving Variance No. 00-16 with modifications to the conditions of approval; and 3) adopt a resolution approving Minor Exception No. 00-03 with modifications fo the conditions of approval. MOTION: Nalle SECONDED: Verino AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: None 6. ABANDONMENT NO. 00-05 Filed by Mr. Dick Kagasoff to abandon an alley between Figueroa Street and Bewley Street; north of First Street. PUBLISHED IN THE REGISTER: December 1, 2000 PUBLICLY NOTICED: November 29, 2000 RECOMMENDATION: Recommend that the City Council: 1. Receive and file the Categorical Exemption for Environmental Review No. 00-91 2. Adopt a resolution approving Abandonment No. 00-05. Chairman Mondo indicated that due to a conflict of interest, he would abstain from the discussion and action of the proposed project. Mr. Taig Higgins, Public Works Agency, presented the staff report and recommendation. 9 Vice Chairman Nalle opened the public hearing at 8:22 p.m. There were no public comments. Vice Chairman Nalle closed the public hearing at 8:23 p.m. Motion to recommend that the City Council: i) receive and file the Categorical Exemption for Environmental Review No. 00-91; and 2) adopt a resolution approving Abandonment No. 00-05. MOTION: Cribb SECONDED: Richardson AYES: Nalle, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: Mondo 7. CONDITIONAL USE PERMIT NO.00-28 Filed by Mekena Resources to allow after hour operations at a proposed service station located at 1700 East Dyer Road in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE REGISTER: December 1, 2000 PUBLICLY NOTICED: December 1, 2000 RECOMMENDATION: 1. Approve and certify the Mitigated Negative Declaration for Environmental Review No. 00-185. 2. Adopt a resolution approving Conditional Use Permit No. 00-28 as conditioned. Ms. Ann Ni, Associate Planner, presented the staff report and recommendation; and requested that condition of approval B11 be deleted due to a staff error. Mr. Donald Robertson, representing the applicant, provided comments in support of the project. Chairman Mondo questioned in the applicant planned to request an alcoholic license for the project in the future. Mr. Robertson informed the Commission that the applicant did not plan on requesting an alcoholic license and stated that the after hour operations request was an oversight during the previous application process. Chairman Mondo opened the public hearing at 8:27 p.m. There were o public comments. Chairman Mondo closed the public hearing at 8:28 p.m. Motion to: 11 approve and certify the Mitigated Negative Declaration for Environmental Review No. 00-185,• and 21 adopt a resolution approving Conditional Use Permit No. 00-28 with modifications to the conditions of approval. MOTION: Nalle Doughty AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: None 10 8. Comments from the Deputy City Manager. There were no comments. 9. Comments from the Planning Manager and staff. There were no comments. ' 10. Comments from the Chief Assistant City Attorney. Mr. Benjamin Kauffman introduced himself; provided an overview of his legal experience with other City entities; and informed the Commission that he would be working with the Planning Commission for the upcoming six months due to staff changes in the City Attorney's Office. 11. Comments from the Planning Commission. Commissioner Richardson • Expressed his compliments regarding the landscaping on east Santa Ana Boulevard and stated that it was aesthetically pleasing as an entryway. Commissioner Cribb • Reported that there was another shed displayed at the Tuff Shed site adjacent to the 55 freeway. Commissioner Verino Reported that there was a lighted sign located at Main and Edinger above a liquor store, behind the Mobil station and requested staff verify if it was legal. Commissioner Doughty Expressed her appreciation for the shopping cart discussion and requested support in the control of shopping carts in the City neighborhoods. Chairman Mondo • Indicated that he received the memo from the Historic Resources Commission regarding aluminum windows and requested staff schedule a discussion at an upcoming meeting. Mr. Jeffry Rice indicated that staff would bring a review of the Commission's objectives at an upcoming meeting. 12. Excuse of absences. There were no absences 13. Adjournment. The meeting adjourned at 8:35 p.m. ~l~l.~~~ lL(. J~~~,~_._ Sharon McCain Johnson Secretary to the Planning Commission 11