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HomeMy WebLinkAbout04/24/2000ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION APRIL 24, 2000 ~J 0 CALLED TO ORDER City Hall Ross Annex, First Floor 20 Civic Center Plaza 5:14 p.m. ATTENDANCE Glenn Mondo, Chairman Alexander Nalle, Vice Chairman Jose Solorio, Pro Tem, 5:40 Molly Doughty Lynnette Verino Don Cribb Robert Richardson, 6:20 STAFF PRESENT Robyn Uptegraff, Executive Director Kenneth Adams, Planning Manager Gary Sheatz, Assistant City Attorney Joyce Amerson, Transportation Manager Jeffry Rice, Principal Planner Joseph Edwazds, Principal Planner Sharon M. Johnson, Commission Secretary A. B. C. D. Approval of the Minutes from the regular meeting of April 10, 2000. RECOMMENDATION: Approve the minutes from the meeting of April 10, 2000 Reconsideration of actions taken at the previous meeting. CONDITIONAL USE PERMIT NO.95-03 (Vince Fregoso) Review of Conditional Use Permit No. 95-03 for the Main Ranch Market located at 1301 North Main Street. RECOMMENDATION: Receive and file the April 2000 review of Conditional Use Permit No. 95-03. NEIGHBORHOOD PROJECT REVIEW NO.99-06 (Pedro Guillen) Filed by Mr. Tito Sanchez to allow a new detached two-car garage at the rear of an existing single-family residence located at 819 South Broadway in Specific Development 40 zoning district. RECOMMENDATION: 1. Receive and file the Categorical Exemption for Environmental Review No. 00-38. 2. Adopt a resolution approving Neighborhood Project Review No. 99-06. ***** END OF CONSENT CALENDAR ***** Commissioner Mondo removed item E (Conditional Use Permit No. 00-04) from Consent Calendar. Motion to approve the remaining Consent Caiendar items. MOTION: Nalle SECONDED: Verino AYES: Mondo, Nalle, Doughty, Verino, and Cribb NOES: None ABSENT: Solorio and Richardson ABSTENTION: None 1 E. CONDITIONAL USE PERMIT NO.00-04 Filed by Mr. Ralph Espinoza to allow a Type 41 Alcohol Beverage Control License in order to sell beer and wine for on-premise consumption located at 501 North Harbor Boulevard, Suite E. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-04 as conditioned. Commissioner Mondo noted corrections to the Police Department conditions of approval, numbers 3 and 9; asked if there were any existing pay phones at the location; and if the applicant was in agreement with the conditions of approval. Mr. Ralph Espinoza, representing the applicant, stated that the pay phones at the location would be removed and that the applicant did not object to removing the phones. Motion to receive and file the staff report approving Conditional Use Permit No. 00-04 as conditioned. MOTION: Nalle AYES: NOES: ABSENT: ABSTENTION: BUSINESS CALENDAR SECONDED: Verino Mondo, Nalle, Doughty, Verino, and Cribb None Solorio and Richardson None F. CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2000-2001. RECOMMENDATION: Recommend that the City Council adopt a resolution approving the Capital Improvement Program or the fiscal year 2000-2001. Mr. Joyce Amerson, Public Works Agency, presented and discussed the Capital Improvement Program for the fiscal year 2000-2001. Mr. Ron Ono, Parks, Recreation, and Community Services Agency, discussed with the Commission the upcoming improvements for parks in the City. Commissioner Verino stated that there was an abundant need for street, curb, gutter, and sidewalk project improvements; that the improvements were outstanding issues for approximately three to four years. Ms. Amerson agreed that there were many improvements needed, however, she responded that the Capital Improvement Program was limited by funding available. Commissioner Mondo expressed concern regarding the increase in vandalism at parks by students. Mr. Ron Ono indicated that there is vandalism at the park sites, however, funding for the repair and replacement is minimal. Commissioner Cribb indicated that there were remnant parcels at the 5 Freeway widening areas and asked if any consideration had been given for parks sites. Commissioner Mondo commented regarding Project Worksheet: 1) number 12, the east bound intersection of MacArthur Boulevard and Bristol Street and inquired as to whether or not there was sufficient land for the dedicated right-turn lanes, and that the other corners of the intersection ' also needed widening and noted that it was entry point into the City; 2) number 13, intersection of Bristol Street and Warner Avenue, inquired regarding the amount of land for the proposed improvements; and 3) requested staff verify the recommended improvements to Fairview and MacArthur Boulevard. He further requested staff verify if the signal at Flower and Wilshire were needed; and requested indicated that he didn't believe a signal was needed at the intersection of Flower and Highland and requested staff reconsider. Commissioner Solorio commented that there was no funding for drainage improvements in the Delhi Park Neighborhood. He further indicated that every time the City received substantial rain that the several homes in the neighborhood were consistently flooded yearly and communicated his displeasure and frustration that no funding had been allocated for improvements; and that the nonfunded list appeared similar to the list presented for the last fiscal year. Ms. Amerson commented that staff prepared what was considered a realistic program and that staff did not 2 want to mislead any community members as to improvement projects that were not going to be funded in the upcoming year. Mr. George Alvarez informed the Commission that staff was reviewing an $80 million storm drain plan for drainage improvements for the City. After further discussion, the Commission agreed to continue the Capital Improvement Program to the next scheduled meeting in order to allow staff additional time to address concerns raised by the Commission. Ms. Amerson stated that she would discuss intersection improvement projects; impacts to landscape setbacks; and projects funded through the bankruptcy fund with the Commission at the next scheduled meeting. Motion to continue the Capital Improvement Program for Fiscal Year 2000-2001 to May 8, 2000. MOTION: Cribb SECONDED: Doughty AYES: Mondo, Nalle, Solorio, Doughty, Verino, Cribb, and Richardson NOES: None ABSENT: None ABSTENTION: None G. Recessed to the Council Chambers for the remaining business item. The afternoon session recessed at 6:50 p.m. APRIL 24, 2000 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ' ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL BUSINESS CALENDAR (CONTINUED) H. EXTENSION OF THE MOTEL/HOTEL MORATORIUM ORDINANCE Filed by the City of Santa Ana to extend the motel/hotel ordinance for one year. PUBLICLY NOTICED: RECOMMENDATION: April 12, 2000 7:00 p.m. Recommend that the City Council adopt an ordinance extending the motel/hotel moratorium for one year. Ms. Ann Ni, Associate Planner, presented the staff report and staff recommendation. Mr. Thakor Patel stated that he had not received any prior notice regarding the proposed ordinance. He expressed concern regarding assuming costs associated with the proposed ordinance; that the ordinance should only be apply to new businesses; and he expressed if other cities had similar ordinances, the City of Santa Ana should not follow. Mr. Robert Boyajian, indicated that he had been in business for 40 years; that he had only received notification for the present hearing and had not received any previous notices for the previous hearings or discussions; and he requested a continuance in order to look into the proposed ordinance further. Mr. Victor Koshkerian commented that Mr. Boyajian's restaurant, DiVincci, is one of the best restaurants in Santa Ana. Ms. Robyn Uptegraff, Executive Director, indicated that the proposed ordinance would not affect existing motels; however, it only affected the conversion of existing motel establishments into long-term stay motels. In addition, she stated that the Planning Commission was making a recommendation to the City Council regarding the ordinance and that there would be another public hearing at City Council for final action in May 2000. Motion to recommend that fhe City Counci! adopt an ordinance extending the moteUhotel moratorium for one year. MOTION: Richardson SECONDED: Cribb AYES: NOES: ABSENT: ABSTENTION: PUBLIC HEARINGS Mondo, Doughty, Cribb, and Richardson None Verino and Nalle None 1. AMENDMENT APPLICATION NO. 00-02 Filed by Mr. Victor Koshkerian to allow a zone change from Specific Development 27 to Community Commercial (C1 } in order to allow the construction of a new service station located at 2702 North Bristol Street. PUBLISHED IN THE REGISTER: April 14, 2000 PUBLICLY NOTICED: April 14, 2000 4 RECOMMENDATION: Recommend that the City Council approve and certify the Negative Declaration for Environmental Review No. 99-49. 2. Recommend that the City Council adopt an ordinance approving Amendment Application No. 00-02. Mr. Vince Fregoso, Associate Planner, presented the staff report and recommendation. Commissioner Solorio indicated that the staff report did not mention an alcoholic license at the establishment and asked if the applicant intended to apply for a license. Staff indicated that the applicant had represented that no license would be sought at this location. Commissioner Doughty expressed her concern regarding the additional mini-market at the intersection and asked if anyone had considered the competition that could occur from the other local markets. Mr. Fregoso confirmed that there were other markets at the intersection, however, he apprised the Commission of a potential fi4 unit residential project, at the location, if the rezoning was not approved. Mr. Victor Koshkerian, applicant, spoke in support of the project and informed the Commission of his other service station sites in Santa Ana and in other adjacent cities and stated that his establishments were very user friendly and well maintained; and he would not be requesting an alcohol license for the mini market at the service station. Commissioner Cribb inquired as to whether mature palm trees would be at the site and if any additional landscaping would be provided to buffer the adjacent residential neighborhood. Mr. Fregoso stated that the landscape plan had not been approved, however, Mr. Koshkerian did agree to make the landscape plan forthcoming with all of the adjacent property owners. Motion to recommend that the City Council: 1) approve and certify the Negative ' Declaration for Environmental Review No. 99-49; and 2) adopt an ordinance approving Amendment Application No. 00-02. MOTION: Mondo SECONDED: Doughty AYES: Mondo, Doughty, Cribb, and Richardson NOES: None ABSENT: Verino and Nalle ABSTENTION: None 2. CONDITIONAL USE PERMIT NO.00-05 AND VARIANCE NO.00-03 Filed by the Roman Catholic Bishop of Orange to allow the construction of a new 1,200 seat church; convert the existing church into a parish hall; and obtain relief from parking and landscaping standards located at 1100 South Center Street in the Single-Family Residential (R1) zoning district. PUBLISHED IN THE REGISTER: April 14, 2000 PUBLICLY NOTICED: April 13, 2000 RECOMMENDATION: Approve and certify the Negative Declaration for Environmental Review No. 99-120. 2. Adopt a resolution approving Conditional Use Permit No. 00-05 as conditioned. 3. Adopt a resolution approving Variance No. 00-03 as conditioned. Mr. Jeffry Rice, Principal Planner, presented the staff report and recommendation. Commissioner Cribb commented regarding palm trees being located at the entry point from McFadden Avenue and stated that vertical landscaping would be appropriate due to the low structures; and that he welcomed consideration to additional architecture at the proposed parish hall. Mr. Enrique Sera, Immaculate Heart of Mary Church, indicated that he had been conducting masses for approximately 14 years; that he had planned to space out the masses for multiple congregations, and that members of the church usually complied with all of the rules and he did not foresee any problems. Commissioner Mondo inquired as to who would enforce the attendance restriction of 1,200 members per mass. Mr. Rice indicated that the Fire Marshal would enforce the restriction. Mr. Robert Hensen, church member, spoke in support of the project, stated that many members of the church walked to the services. In addition, he stated that he had been working for the pastor for approximately 40 years and that it was a safe haven for the local youth groups and it was an asset to the community. Motion to: 1) approve and certify the Negative Declaration for Environmental Review No. 99-120; 2) adopt a resolution approving Conditional Use Permit No. 00-05 as conditioned; and 3) adopt a resolution approving Variance No. 00-03 as conditioned. MOTION: Solorio SECONDED: Doughty AYES: Mondo, Doughty, Cribb, and Richardson NOES: None ABSENT: Verino and Nalle ABSTENTION: None Commissioner Richardson commended the Diocese for their existing projects such as the expansion of Mater Dei and the proposed parish hall and he noted their contributions to the community. 3. ZONING ORDINANCE AMENDMENT NO.00-01 Filed by the City of Santa Ana to modify various sections of Chapter 41 of the Santa Ana Municipal Code, to establish permit regulations for the construction and design standards for front yard fences in the Residential Estate (RE), Single-Family Residence (Ri ), Two-Family Residence (R2), Multiple-Family Residence (R3), and Suburban Apartment (R4) zoning districts. PUBLISHED IN THE REGISTER: April 14, 2000 PUBLICLY NOTICED: April 12, 2000 RECOMMENDATION: 1. Recommend that the City Council approve and certify the Negative Declaration for Environmental Review No. 00-20. 2. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 00-01. Mr. Kenneth Adams, Planning Manager, provided a presentation of the types of constructed fences in the City of Santa Ana, presented the staff report and recommendation. Commissioner Mondo asked what the proposed cost would be for a fence permit. Mr. Adams stated that staff was not proposing a fee for fence permits. However, if an applicant appealed staff's decision, it would be handled through the minor exception process via Zoning Administrator Hearing and the fee for a minor exception was $300. The following public members spoke in support of the proposed ordinance and expressed that they believed the ordinance would contribute aesthetically to the City of Santa Ana: 1 Julie Stroud Michelle Montoya Leigh Browning Mr. Glen Stroud spoke in support of the ordinance, however, he stated that the staff report did not discuss enforcement issues related to the ordinance. Commissioner Richardson inquired as to the maintenance of the constructed fences. Mr. Adams stated that the proposed action does not address any maintenance requirements related to fences. Commissioner Mondo commented that he believed the ordinance should not apply to existing fences. That it would be appropriate to take all possible steps to notify property owners about the new code standards. In addition, he stated that code enforcement was also important for fences not in compliance with the code; and that he would be interested in the enforcement process for 6 the proposed ordinance; and that financial incentives be provided to bring legal non-conforming fences into compliance with the new code. u Commissioner Solorio stated that he was supportive of the proposed ordinance, however he expressed concern regarding property owners with larger yards being allowed to have a one inch deeper and with a higher fences in excess of height restrictions. Motion to continue Zoning Ordinance Amendment No. 00-01 to May 8, 2000. MOTION: Solorio AYES: NOES: ABSENT: ABSTENTION: SECONDED: Doughty Mondo, Doughty, Cribb, and Richardson None Verino and Nalle None 4. Oral Comments (for items not on the agenda). There were no oral comments. 5. Excuse of absences. There were no absences Comments 6. Comments from the Executive Director. There were no comments. 7. Comments from the Planning Manager and staff. ' Mr. Kenneth Adams informed the Commission that Polygon was in escrow for the site on north Main Street. The applicant has proposed to submit a conceptual plan for retail and office; once the plan was submitted it would be reviewed by the Commission and Council. Commissioner Doughty requested that staff relay to the applicant that the City had high expectations for the location and she did not intend to approve any request less than desirable for the site. 8. 9. 10. SMJ Comments from the City Attorney. There were no comments. Comments from the Planning Commission. Commissioner Cribb referenced the O'Neal site on the 55 Freeway. He stated that there were new signs at the location and asked what the status of the code enforcement process. Ms. Uptegraff stated that there was an upcoming court date. Mr. Gary Sheatz, Assistant City Attorney, described the proceedings for the court process for the citation issues for the O'Neil site. Commissioner Solorio requested that all letters received regarding the Housing Element and REHNA appeal be forwarded to the Commission. Commissioner Mondo indicated that there had been an increase in signage and advertisements on automobiles and requested enforcement at Bristol Street, Alton and McFadden Avenues. Adjournment. The meeting adjourned at 9:00 p.m.