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Home My WebLink About05/14/2001ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MAY 14, 2001 G CALLED TO ORDER 6:09 P.M. City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, California ATTENDANCE COMMISSIONERS Present: Glenn Mondo, Chairman Alexander Nalle, Vice Chairman Lynnette Verino, Pro Tem Don Cribb Molly Doughty Christopher Leo Robert Richardson STAFF PRESENT Cynthia J. Nelson, Deputy City Manager Kenneth Adams, Planning Manager Ben Kaufman, ChiefAssistantCityAttomey Jeffry Rice, Principal Planner Jim Ross, Public Works Agency Joyce Amerson, Public Works Agency Yolanda Pena, Police Department Rosa Barela, Acting Recording Secretary CONSENT CALENDAR Motion to approve staff recommendations on the foliowing Consent Caiendar items. MOTION: Cribb AYES: Cribb, Doughty, NOES: None (0) ABSENT: None (0) ABSTENTION: None (0) SECOND: Doughty Leo, Mondo, Nalle, Richardson, Verino (7) A. APPROVAL OF MINUTES from the regular meeting of April 23, 2001. RECOMMENDATION: Approve the minutes from the regular meeting of April 23, 2001. B. RECORDING SECRETARY REPORT RECOMMENDATION: ~I Instruct the Commission Secretary to enter into the minutes. The May 14, 2001 Agenda was posted at the City Hall Council Chambers on May 11, 2001 at 10:30 a.m. C. CONDITIONAL USE PERMIT NO. 2001-09 Filed by Memphis Restaurant to allow a Type 47 Alcoholic Beverage Control License for on-premise sale and consumption at a proposed Memphis Restaurant located at 201-203 North Broadway and 213 West Second Street. RECOMMENDATION: Affirm the Zoning Administrator's action approving Conditional Use Permit No. 2001-09 as conditioned. D. CONDITIONAL USE PERMIT NO. 2001-05 Filed by Robert S. Guerra to allow a Type 41 Alcohoiic Beverage Control License for on-premise sale and consumption at a proposed EI Ranchero Chido Restaurant located at 3317 West First Street. RECOMMENDATION: Affirm the Zoning Administrator's action approving Conditional Use Permit No. 2001-05 as conditioned. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR E. ADOPTION OF THE CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION: Recommend that the City Council adopt a resolution approving the Fiscal Year 2001-2002 Capital Improvement Program. Joyce Amerson, Transportation Manager, provided staff report and recommendation. Chairman Mondo noted a conflict and abstained from the vote; and noted that as ' a resident, he felt the Main/MacArthur widening was a terrible idea without taking of the Arco station. Motion to recommend that fhe City Council adopt a resolution approving the Fiscal Year 2001-2002 Capital Improvement Program. MOTION: Richardson AYES: Cribb, Doughty, NOES: None (0) ABSENT: None (0) ABSTENTION: Mondo (1) SECOND: Nalle Leo, Nalle, Richardson, Verino (6) WORK STUDY SESSION F. CONFLICT OF INTEREST UPDATE Ben Kaufman, Chief Assistant City Attorney, provided an overview on the Conflict of Interest Laws noting that the California law has two requirements, disclosure and disqualification, that apply to the Planning Commissioners. Mr. Kaufman reviewed and gave examples of possible conflicts, discussed that public officials must disclose their personal financial interests which is accomplished by completing the statement of economic interest forms 700; discussed disqualification when a conflict of interest arises; ' and disqualification when in receipt of campaign contributions. Mr. Kaufman proceeded to discuss the eight-step test in deciding whether there is a financial conflict of interest under the Act; noted that the City Attorney's Office is available to offer advice but does not protect from the Fair Political Practices Commission; and noted the map that indicates the radius for projects will now show 500 foot circle to denote area of presumed conflict. G. DEVELOPMENT PROJECT UPDATE Vince Fregoso, Senior Planner, provided updates on: • Main Street Concourse Project indicating that Opus West decided not to proceed with the project and Polygon will make decision on a new developer; • Armstrong Ranch noting it is still going through environmental process; PLANNING COMMISSION MINUTES 2 MAY 74, 2001 • Xerox Phase II Project noting it will come before the Commission for site plan approval; • First Street Santa Ana noting Opus West is developing two office buildings located at 2000 East First Street; • Proposed elementary school sites from Kindergarten through Third grades at Civic Center Drive and at Main & Warner; • Morton's of Chicago noting the new building has been approved at the old Planet Hollywood site; and • Bally's Fitness noting it is currently under construction on South Bristol. ' H. ADJOURN TO CITY HALL COUNCIL CHAMBERS. 22 CIVIC CENTER PLAZA The afternoon session recessed at 6:56 p.m. PLANNING COMMISSION MINUTES 3 MAY 14, 2001 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAY 14, 2001 ROLL CALL PLEDGE OF ALLEGIANCE 7:09 P.M. PROCEDURAL RULES PUBLIC HEARINGS 1. APPEAL OF THE ZONING ADMINISTRATOR'S ACTION NO. 2001-04 (CONDITIONAL USE PERMIT NO. 2001-03) Filed by Smart and Final Stores to appeal the Zoning Administrator's Action not to allow a Type 21 Alcoholic Beverage Control License for off-premise consumption located at 3430 South Bristol Street. PUBLISHED IN THE REGISTER: May 4, 2001 PUBLICLY NOTICED: May 1, 2001 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2001-03 (Appeal of the Zoning Administrator's Action No. 2001-04). Lynnette Perry, Associate Planner, presented the staff report and recommendation. Chairman Mondo inquired on the definitions of over-concentration by the State and of the city's criteria. Chairman Mondo added that Craig's Liquor is located east of Bristol Street. Ms. Pena noted the census tract runs entirely west of Bristol adding the State may be erroneous in counting that particular establishment in the over-concentration criteria. Vice Chairman Nape declared a conflict of interest on item, indicating abstention. Chairman Mondo opened the public hearing at 7:13 p.m. Matt Heslin, Corporate Vice President of Real Estate for Smart & Final, spoke in favor of approval of the conditional use permit. Chairman Mondo closed the public hearing at 7:23 p.m. Commissioner Richardson requested that the item be continued to investigate and address the concentration issues raised. Commissioner Cribb noted he would like to see a more thorough landscape program for what they intend to do with the site. Motion to continue to May 29, 2001 meeting. MOTION: Richardson SECOND: Doughty PLANNING COMMISSION MINUTES 4 MAY 14, 2007 AYES: Cribb, Doughty, Leo, Mondo, Richardson, Verino (6) NOES: None (0) ABSENT: None (0) ABSTENTION: Nalle (1) 2. ZONING ORDINANCE AMENDMENT NO. 2001-04 ' Filed by City of Santa Ana to allow Fraternal Organizations in the Professional district with a conditional use permit Citywide. PUBLISHED IN THE REGISTER: May 4, 2001 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration for Environmental Review No. 01-013. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2001- 04. Jeff Rice, Principal Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing at 7:26 p.m. No written communications were received and there were no speakers on the matter. ' Chairman Mondo closed the public hearing at 7:26 p.m. Motion to recommend that the City Council: !) approve and adopt the Negative Declaration for Environmental Review No. 01-013; and 2) adopt an ordinance approving Zoning Ordinance Amendment No. 2001-04. MOTION: Nalle SECOND: Verino AYES: Cribb, Doughty, Leo, Mondo, Nalle, Richardson, Verino (7) NOES: None (0) ABSENT: None (0) ABSTENTION: None (0) 3A. AMENDMENT APPLICATION NO.2001-02 Filed by Patricia Scanlan to change the zone from SP-2 (North Harbor Specific Plan) to Specific Development District No. 71 to permit an adult residential care facility by conditional use permit located at 1101-1213 North Jackson Street. PUBLISHED IN THE REGISTER: May 4, 2001 PUBLICLY NOTICED: April 30, 2001 ' RECOMMENDATION: Recommend that the City Council deny Amendment Application No. 2001-02. 3B. CONDITIONAL USE PERMIT NO. 2001-08 Filed by Patricia Scanlan to obtain a conditional use permit to establish a 99-bed adult residential care facility located at 1101-1213 North Jackson Street. PUBLISHED IN THE REGISTER: May 4, 2001 PROPERTY OWNERS NOTIFIED: April 30, 2001 PLANNING COMMISSION MINUTES 5 MAY 14, 2001 RECOMMENDATION: Recommend that the City Council deny Conditional Use Permit No. 2001-08. Vince Fregoso, Senior Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing at 7:32 p.m. ' Patricia Scanlan, Applicant, spoke in support of the project providing a history of services and background, noted support from neighborhood and presented a petition that was circulated to the area residents. Michael O'Grady, representing County of Orange Behavioral Health Services, spoke in favor of the project citing the need for licensed facilities. Roy Alvarado, Chairperson for the Santa Anita Neighborhood Association, spoke in opposition of the project noting there are numerous care facilities in the neighborhood. The following individuals from Victory Outreach spoke in favor of the project adding that the sale of the property would allow Victory Outreach to purchase a site for a needed church facility: Bruce Bernal, Senior Pastor Richard Muro Gregory Yalch Israel Battres Julia Contreras Sammy Chagolla Robert Salazar David Whitaker Timothy Tripp Louis Grijalva Eva Bernal Mike Robles Louie Castro Regina Tripp Richard Luna Kathy Clark spoke in favor of the project noting the project will benefit the community and provide economic viability to the area. Chairman Mondo closed the public hearing at 8:48 p.m. Discussion ensued on the history and legal occupancy of the property, the zoning of the property, and the long-term impact to the neighborhood. Chairman Mondo requested that the item be continued in order for staff to meet with the neighborhood, Victory Outreach, and Patricia Scanlan; and to research the current facilities in the neighborhood and bring back findings to the Commission. Motion to continue items to June 11, 2001. ii MOTION: Mondo AYES: Cribb, Doughty, Leo, NOES: None (0) ABSENT: Richardson (1) ABSTENTION: None (0) SECOND: Doughty Mondo, Nalle, Verino (6) COMMENTS 4. Public Comments There were no public comments. 5. Comments from the Staff PLANNING COMMISSION MINUTES B MAY 14, 2001 Ms. Nelson announced Kenneth Adams has been appointed as the new Assistant Director of the Planning and Building Agency and will oversee the Building Safety and Community Preservation sections. 6. Comments from the Plannino Commission Commissioner Leo • Requested staff investigate the property located at 2107 N. Ross which has ' been under constant renovation and request that grass be planted in front yard. Commissioner Verino • Noted that some vehicles are parking on patches of cement in their front yards on South Flower Street. Ms. Nelson noted it is not legal and several have been cited. Vice Chair Nalle • Inquired on the property on the northwest corner of Baker and 21st Streets. Commissioner Cribb • Requested staff investigate the area by the northbound I-5 Freeway off-ramp at Main Street noting the weeds are out of control. • Requested we consider a moratorium on public storage facilities particularly in strategic locations such as the 55-Freeway and to have a discussion on how to handle in the future. • Requested staff provide an update on the chain link fence located at 2420 N. Fairmont. 7. Excuse of Absences There were no absences. 8. Adjournment The meeting adjourned at 9:09 p.m. RB ~~ Rosa Barela, Acting Recording Secretary PLANNING COMMISSION MINUTES 7 MAY 14, 2001