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HomeMy WebLinkAbout01/08/2001ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION January 8, 2001 1 CALLED TO ORDER City Hall Ross Annex 20 Civic Center Plaza Santa Ana, California 6:10 p.m. ATTENDANCE: Glenn Mondo, Chairman Alexander Nalle, Vice Chairman Molly Doughty Lynnette Verino Don Cribb Christopher Leo ABSENT: Robert Richardson 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 Mike McCoy, Police Department Sharon McCain Johnson, Commission Secretary CONSENT CALENDAR A. Approval of the Minutes from the regular meeting of December 1 1, 2000. RECOMMENDATION: Approve the minutes from the meeting of December 11, 2000. B. Recording Secretary Report The December 11, 2000 Agenda was posted at the City Hall Council Chambers on December 8, 2000 at 10:30 a.m. C. ZONING ORDINANCE AMENDMENT NO.00-17 Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code to allow counseling services in the General Commercial (C2) zoning districts subject to approval of conditional use permits citywide. PUBLISHED IN THE REGISTER: December 11, 2000 RECOMMENDATION: Continue indefinitely. D. ZONING ORDINANCE AMENDMENT NO.00-18 Filed by the City of Santa Ana to amend Specific Plan 3 clarifying the boundaries of the Broadway Professional District and the retail specialty districts. PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 27, 2000 1 RECOMMENDATION: Continue Zoning Ordinance Amendment No. 00-18 to February 12, 2001. E. CONDITIONAL USE PERMIT NO. 00-30 Filed by Dr. Rick Massimino to allow an adult care facility located at 1508-1516 North Sycamore in Specific Plan 3 zoning district. ' PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 27, 2000 RECOMMENDATION: Continue Conditional Use Permit No. 00-30 to February 12, 2001. F. Filed by DRC, Inc. to subdivide one parcel into two lots, increase the floor area ratio, and change the classification of various parcels from Heavy Manufacturing (M2) to Light Manufacturing (M1) zoning district located at 4040 West Carriage Drive. PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 27, 2000 RECOMMENDATION: Continue Vesting Tentative Parcel Map No. 99-224, General Plan Amendment No. 00-08, and Amendment Application No. 00-17 to January 22, 2001. ' G. CONDITIONAL USE PERMIT NO. 00-22 Filed by Mr. Juan Jose DeAnda to allow a Type 41 on-premise Alcohol Beverage Control License at the Taqueria De Anda located at 1029 East Fourth Street. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 00-22 as conditioned. **** END OF CONSENT CALENDAR*** Motion to approve Consent Calendar items. MOTION: Doughty SECONDED: Cribb AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Leo NOES: None ABSENT: Richardson ' ABSTENTION: None WORK STUDY SESSION H. Discussion of 55 Freeway Corridor. Mr. Jeffry Rice, Principal Planner, provided an overview of the 55 Freeway corridor, discussed the zoning and current construction along the freeway; and led a r,~~A~r~r,r, any answer session with the Commission. 2 Commissioner Cribb emphasized that he supported: increasing the floor area ratios to encourage corporate offices and full service hotels; allowing mixed uses to emphasize the marketing opportunities along the 55 freeway and in the City; and a moritorium on extended stay motels/hotels. Commissioner Leo echoed several of Commissioner Cribb's comments concerning supporting the marketing opportunities along the 55 freeway area and indicated that reviewing the land use designations would be appropriate. ' Commissioner Verino indicated that core issues and needs were in central Santa Ana; that she believed it would be appropriate to start out with small goals and gradually develop a vision along the 55 corridor and that this area had great potential. In addition, she commented that she believed the development of the Tustin airbase would also impact the City; and she encouraged enforcement of existing uses along the freeway frontages. Commissioner Nalle requested a copy of the current requirements and a chart showing the zoning areas; and expressed that he did not want to amend the land uses if it would hinder the current landowner's uses for today. Commissioner Doughty indicated that she wanted the best uses for the corridor; that positive impacts could happen in the future; it may be appropriate for a feasibility study; and she was opposed to extended stay motels. Based on input from the Commission, staff agreed to present its recommendations at a subsequent study session. I. Recess. The afternoon session recessed at 7:05 p.m. 3 PLANNING COMMISSION AGENDA JANUARY 8, 2001 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 1. CONDITIONAL USE PERMIT NO.96-39 '~ Filed by EI Tapatio to modify the 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 December 11, 2000 to January 8, 2001) 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. Mr. Bill Apple, Associate Planner, provided an overview of the applicant's request and presented the staff report. Mr. Thomas Childress, representing the applicant, submitted a petition in support of the project; provided an overview of restaurant operations; discussed the applicant's perspective concerning the police incidents noted in the staff report; and requested approval of the proposal for modification to the conditions of approval. Commissioner Verino questioned the guest policies for attending private parties at the restaurant and asked if contracts or agreements were established for events. Mr. Michael Perez, Owner of EI Tapatio, commented that the security guard requested invitations at the private parties, however, at times guests forget to bring their invitations to the events; and that contracts were established but invitations had not been an issue until recently. Chairman Mondo opened the public hearing at 7:40 p.m. The following public member spoke in support of the request: Ray Cecades Chairman Mondo closed the public hearing at 7:45 p.m. Commissioner Leo asked if staff could continue working with the applicant to address concerns and commented that it appeared that the applicant was trying to improve its business operations. Mr. Mike McCoy, Police Department indicated that it was at the discretion of the Police Chief to change their position on supporting the applicant's request and he emphasized 4 that the Police Department was opposed to the request to modify the conditions of approval due to the potential for the incidents to escalate at the establishment. Mr. Thomas Childress, representing the applicant, stressed that the staff report stated reported incidents; that the reported incidents were not verified; and he claimed that the applicant's record had been unblemished for approximately three to four years. Motion to deny the modifications to the conditions of approve! for Conditional Use Permit No. 96-39. MOTION: Mondo SECONDED: Doughty Commissioner Mondo commented that he believed modifying the requested conditions would permit the establishment to operate as a nightclub and if the applicant was interested in a nightclub, the appropriate application should be filed for review. In addition, he commented concerning the letter submitted to the Commission dated 10/10/00. He stated that the letter was very misleading regarding patrons viewing the policy of serving food in conjunction with alcohol was a way to exact additional money; limiting the type of music to the ethnicity of the type restaurant; and that the modifications were requested to enhance what appeared to be a marginal economic return on the restaurant. He further expressed concerns surrounding the request and indicated that while all of the police related incidents may not have been verified, incidents were in fact happening at the location. Commissioner Nalle requested modifications to condition of approval number 17 to allow all types of music at the restaurant and to remove the limitation of mariachi music only. Amended motion: Deny modifications to conditions of approval numbers 4, 5, and 13 and approve modification to condition of approve/ number 17 to %ive entertainment provided she/I be limited to non amp/ified music ancillary to the restaurant use';• and directed staff to prepare a resolution for adoption at the next scheduled meeting.. MOTION: Mondo SECONDED: Doughty Commissioner Verino commented that she would be voting in opposition to the motion due to the private party use at the restaurant. Commissioner Leo commented that he would be voting in opposition to the motion because he believed the issue could be resolved since the applicant showed a willingness to work with the Police Department and staff to improve operations at the restaurant. AYES: NOES: ABSENT: ABSTENTION: 2. CONDITIONAL L Mondo, Nalle, Doughty, and Cribb Verino and Leo Richardson None iSE 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 December 11, 2000 to January 8, 2001) PUBLISHED IN THE REGISTER: November 3, 2000 PUBLICLY NOTICED: November 3, 2000 5 RECOMMENDATION: i Adopt a resolution denying Conditional Use Permit No. 00-15. Mr. Jeffry Rice, Principal Planner, presented the staff report and recommendation. Mr. William Randall, representing the applicant, submitted a petition in support of the request and provided his comments in support of the project. Chairman Mondo opened the public hearing at 8:17 p.m. There were no public speakers. Chairman Mondo closed the public hearing at 8:18 p.m. Motion to adopt a resolution denying Conditional Use Permit No. 00-i5. MOTION: Verino SECONDED: Doughty AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Leo NOES: None ABSENT: Richardson ABSTENTION: None 3. VARIANCE NO.00-20 THROUGH VARIANCE NO.00-67 Filed by the City of Santa Ana to allow front yard fences and pilasters to exceed the maximum requirement between the interior courtyard areas and the public sidewalk located at 805 through 1126 South Minnie Street in the Medium Density Multiple-Family and Light Industrial (R3 and M1) zoning districts. PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 27, 2000 RECOMMENDATION: 1. Approve and certify the Negative Declaration for Environmental Review No. 00- 158. 2. Adopt a resolution approving Variance No. 00-20 through Variance No. 00-67 as conditioned. Mr. Jeffry Rice, Principal Planner, presented the staff report and recommendation. Ms. Carol Berg, Housing Division, provided an overview of the planned improvements and loan programs for the proposed project. The Commission unanimously expressed appreciation for the project; congratulated the public and private partnership for the improvement project and affordable housing in the City. Chairman Mondo opened the public hearing at 8:32 p.m. There were no public comments. Chairman Mondo closed the public hearing at 8:33 p.m. Motion to adopt a resolution approving Variance No. 00-20 through Variance No. 00-67 as conditioned. MOTION: Nalle SECONDED: Cribb 6 AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Leo NOES: None ABSENT: Richardson ABSTENTION: None 4. VARIANCE NO.00-88 ' Filed by C & C Signs to allow secondary signage; the height and size of signage to exceed the maximum requirements; and a reduction in landscaping at the Superior Super Warehouse located at 1720 East Seventeenth Street in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 21, 2000 RECOMMENDATION: 1. Approve and certify the Negative Declaration for Environmental Review No. 00- 199. 2. Adopt a resolution approving Variance No. 00-68 as conditioned to allow relief from Section 41-863(a) of the Santa Ana Municipal Code. 3. Adopt a resolution denying Variance No. 00-68 to allow relief from Section 471- 862(b)(2) and 41-862(c)(2) of the Santa Ana Municipal Code. Mr. Verny Carvajal, Assistant Planner II, presented the staff report and recommendation. Mr. Eric Nelson, representing the applicant, provided an overview of the improvements at the site, the applicant's request, and spoke in support of the project. Chairman Mondo opened the public hearing at 8:45 p.m. The following public members expressed concerns regarding the sign proposal, reduction in landscaping, and painting of the structures at the site: Fred West Georgette Kinnard Tim Reimano Chairman Mondo closed the public hearing at 8: 49 p.m. Mr. Eric Nelson further indicated that the applicant would be willing to enter into an agreement and that there were no objections to painting and landscaping improvements at the site. Commissioner Leo indicated that concerns had been expressed by the local neighborhood and encouraged the applicant and the neighborhood residents to meet and address concerns expressed and suggested that the case be continued for 30 or 60 days. Commissioner Mondo asked Mr. Nelson if he had had any conversations with the local residents. Mr. Nelson stated that he had had one conversation with one homeowner. Motion to continue Variance No. 00-68 to February 12, 2001. MOTION: Leo SECONDED: Mondo AYES: Mondo, Nalle, Doughty, Cribb, and Leo 7 NOES: None ABSENT: Verino and Richardson ABSTENTION: None 5. SITE PLAN REVIEW NO. 00-05 AND CONDITIONAL USE PERMIT N0.00-29 Filed by EI Pollo Loco to allow the construction of a fast food restaurant with drive- through service located at 1720 East Edinger Avenue in Specific Development 69. PUBLISHED IN THE REGISTER: December 29, 2000 PUBLICLY NOTICED: December 27, 2000 RECOMMENDATION: 1. Approve and certify the Negative Declaration for Environmental Review No. 00- 172. 2. Adopt a resolution approving Site Plan Review No. 00-05 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 00-29 as conditioned. Mr. Bill Apple, Associate Planner, presented the staff report and recommendation. Chairman Mondo opened the public hearing at 9:00 p.m. Mr. Lorenzo Reyes, representing the applicant, spoke in support of the project. Chairman Mondo closed the public hearing at 9:02 p.m. ' Motion to: 1) approve and cen`ify the Negative Declaration for Environmental Review No. 00-172; 2) adopt a resolution approving Site Plan Review No. 00-05 as conditioned; and 3) adopt a resolution approving Conditfonal Use Permit No. 00-29 as conditioned. MOTION: Cribb SECONDED: Doughty AYES: Mondo, Nalle, Doughty, Cribb, and Leo NOES: None ABSENT: Verino and Richardson ABSTENTION: None 6. ZONING ORDINANCE AMENDMENT NO.00-16 Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code regarding temporary outdoor activity regulations citywide. PUBLISHED IN THE REGISTER: December 11, 2000 RECOMMENDATION: Recommend that the City Council: 1. Approve and certify the Negative Declaration for Environmental Review No. 00- 193. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 00-16. Mr. Pedro Guillen, Assistant Planner I, presented the staff report and provided an overview of the proposed ordinance amendment. Chairman Mondo requested staff clarify subsections in the proposed ordinance. 8 Chairman Mondo opened the public hearing at 9:10 p.m. There were no public comments. Chairman Mondo closed the public hearing at 9:11 p.m. Motion to recommend that the City Council.• 7J approve and certify the Negative Declaration for Environmental Review No. 00-193; and 21 adopt an ordinance approving Zoning Ordinance Amendment No. 00-76 with modifications to Section 41-195.5 (e) adding "more than", (g1 "with alcohol sale and or consumption shall obtain the appropriate Alcohol Beverage Control License"; (9) "shall cease". MOTION: Nalle SECONDED: Doughty Commissioner Cribb inquired as to whether the ordinance affected neighborhood events in public streets. Mr. Ben Kaufman, Chief Assistant City Attorney, indicated that the ordinance did not affect those activities. AYES: Mondo, Nalle, Doughty, Cribb, and Leo NOES: None ABSENT: Verino and Richardson ABSTENTION: None 7. Comments from the Deputy City Manager. ' Ms. Cynthia Nelson apprised the Commission of the upcoming election of Commission officers; and discussions regarding south Bristol and aluminum window replacements would be at the next meeting. 8. Comments from the Planning Manager and staff. There were no comments. 9. Comments from the Chief Assistant City Attorney. There were no comments. 10. Comments from the Planning Commission. Commissioner Nalle • Requested that the project drawings be rolled instead of folded for easier reviewing. Commissioner Cribb • Requested a discussion regarding water elements and treatments at an ' upcoming Commission meeting. Commissioner Mondo • Commented concerning the debilitated parking area at the law library and requested an update on the structural integrity study. 11. Excuse of absences. Commissioner Cribb moved to excuse the absence of Commissioner Richardson. The motion was seconded by Commissioner Nalle and unanimously passed. 9 12. Adjournment. The meeting adjourned at 9:17 p.m. ,~~ra.~~- ~°~ J~~--- ' Sharon McCain Johnson Secretary to the Planning Commission 10