HomeMy WebLinkAbout03/28/2011MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
MARCH 28, 2011
CALLED TO ORDER CITY HALL COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:36 P.M.
ATTENDANCE COMMISSIONERS Present:
- ERIC ALDERETE, Chairman
FRANK ACOSTA
SEAN H. MILL
ALEXANDER NALLE
MARIO TURNER
PATRICK YRARRAZAVAL
COMMISSIONERS Absent:
JAMES GARTNER, Vice Chairman
STAFF Present:
JAY TREVINO, Ex. Dir. Ping. & Bldg. Agency
KAREN HALUZA, Planning Manager
RYAN HODGE, Assistant City Attorney
MARTHA RAMIREZ, Recording Secretary
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PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE
CONSENT CALENDAR
MOTION: Approve the staff recommendations on the Consent Calendar:
MOTION: Mill
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Acosta
Acosta, Alderete, Mill, Nalle
None (0)
None (0)
Gartner (1)
Turner, Yrarrazaval (6)
A. MINUTES
RECOMMENDATION:
Approve the minutes of the regular meeting of March 14, 2011.
B. CONDITIONAL USE PERMIT NO. 2011-01
Filed by Deok Jae Lee representing Wasabi Japanese Grill, to allow a Type 41 ABC
license (on-premise sale. of beer and wine at existing restaurant) at 2 East Hutton
Centre Drive, Unit 201 located in the Specific Development No. 76 (SD-76) zoning
district.
RECOMMENDATION:
Confirm the Zoning Administrator's action approving Conditional Use Permit No.
2011-01 as conditioned
* * * END OF CONSENT CALENDAR * * *
Planning Commission Minutes
1
March 28, 2011
BUSINESS CALENDAR
C.
Commissioner Mill spoke with Dave Rodanovich, the applicant from Bodega Latina
Corporation dba EI Super supermarket. Commissioners Alderete, Turner and
Yrarrazaval spoke with Cesar Covarrubias with The Kennedy Commission regarding
the Housing Opportunity Ordinance.
D. ELECTION OF OFFICERS
(Continued by Planning Commission: February 28, 2011 to March 14, 2011, March 14, 201 i to March
28, 2011)
RECOMMENDATION:
Elect Planning Commission representative on the Historic Resources Commission
for the year 2011
MOTION: Commissioner Yrarrazaval was elected to serve as Planning Commission
representative on the Historic Resources Commission for the April 7, 2011
meeting.
MOTION: Acosta
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PROCEDURAL RULES
SECOND: Mill
Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (6)
None (0)
None (0)
Gartner (1)
PUBLIC HEARING
1. VARIANCE NO. 2011-02
Filed by Rob Eres with the Nexus Development Corporation, to allow three wall
signs on the top level of the Courtyard by Marriott Hotel at 8 MacArthur Place
located in the Specific Development No. 76 (SD-76) zoning district.
RECOMMENDATION:
Withdrawn by applicant.
2. CONDITIONAL USE PERMIT NO. 2011-04
(Remanded by Zoning Administrator to Pianning Commission: March 9, 2011 to March 28, 2011)
Filed by Michael Cho representing Bodega Latina Corporation, dba EI Super, to
request approval of a Type 21 ABC license (off-premise sale of beer, wine and
distilled spirits at a new supermarket) located at 2445 South Bristol Street in the
General Commercial (C2) zoning district.
RECOMMENDATION:
Adopt a resolution denying Conditional Use Permit No. 2011-04.
Senior Planner Verny Carvajal presented the staff report and recommendation.
The Commission requested information regarding direct causal linkages between
existing or proposed alcohol sales in the area and the reported crime in the area to
determine how much of the area's crime can be directly attributed to alcohol sales.
Police Investigative Specialist Yolanda Pena gave general information regarding
reported crimes in the area, but did not have specific data to establish causality.
Planning Commission Minutes
2 March 28, 2011
Police Community Services Specialist Mike McCoy explained the Police
Department's methodology for identifying areas that are above average in reported
crime. Those reporting districts that are in the top 30% of all reporting districts are
considered "above average" and therefore quality as "high crime" for purposes of
making recommendations on liquor license applications to the Department of
Alcoholic Beverage Control (ABC).
Senior Planner Carvajal identified all off-premise liquor facilities with off-sale licenses
• from the census tract map and reporting district.
The Commission was provided with a handout from Bodega Latina Corporation dba
EI Super entitled "Alcohol Responsibility."
The public hearing was opened.
Michael Cho, representing Bodega Latina Corporation, stated that his client
disagreed with staff's analysis and highlighted the size of the supermarket relative to
other markets with similar license types. In response to questions from
Commissioner Mill, Mr. Cho explained that only 1 to 3% of EI Super's sales came
from alcohol sales and that security is provided on site. In response to questions
from Commissioner Acosta, Mr. Cho stated that EI Super would have to reconsider
leasing this location if an ABC license was not granted and that no neighbors had
expressed concerns about the application. Mr. Cho explained that staff's concerns
could be mitigated through appropriate conditions of approval typical for this license
type and offered a memo with proposed conditions prepared by EI Super.
Frank Aguirre of Bodega Latina Corporation explained the company's alcohol
responsibility training, security camera system and electronic age verification
checkout software.
Dave Radanovich of Bodega Latina Corporation explained the need to keep EI
• Super's product offerings consistent throughout region in order to ensure that their
customers can take advantage of special offers advertised for all stores.
The public hearing was closed.
Commissioner Acosta moved to grant the application as requested by the applicant
with the stipulated modifications by staff and the police department.
City Assistant Attorney Hodge reminded the Planning Commission that the Zoning
Administrator did not make a finding, but remanded the item to the Planning
Commission. He instructed the Planning Commission to establish findings per
Section 41-638 for the conditional use permit, provide the letter of public
convenience and necessity in addition to the statue, pursuant to the Santa Ana
Municipal Code (SAMC) Section 41-196.
Commissioner Nalle seconded the motion but did not state the findings of fact.
Planning Manager Haluza clarified to the Planning Commission that the findings
would need to support the five criteria contained within the SAMC Section 41-638
relating to Conditional Use Permit approvals.
• REVISED MOTION: Commissioner Yrarrazaval moved to adopt a resolution
approving Conditional Use Permit No. 2011-04; Commissioner Yrarrazaval made
the following findings of fact based on information provided by the speakers.
A. Will the proposed use provide a service or facility which will contribute to the general
well being of the neighborhood or community?
The proposed Alcoholic Beverage Control (ABC) license will provide an
additional service and convenience to the community by allowing patrons the
ability to purchase alcoholic beverages in addition to groceries found within
the supermarket. The ABC license will not negatively affect the surrounding
Planning Commission Minutes 3 March 28, 2011
community as conditions of approval have been included to reduce potential
impacts and avoid the potential for an attractive nuisance being established.
B. Will the proposed use under the circumstances of the particular case be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity?
The proposed ABC license will not be detrimental to persons residing and
working in the area as the use, as conditioned, will not create any negative or
adverse impacts. Although the use is located in an above-average crime
area, a direct link between the sale of alcoholic beverages and crime rate
cannot be determined. The supermarket's location within a commercial
corridor makes it an appropriate location for this type of use. Additionally, the
supermarket's primary entrance faces Bristol Street which will reduce the
potential for negatively impacting the surrounding businesses and residents.
C. Will the proposed use adversely affect the present economic stability or future
economic development of properties surrounding the area?
The approval of an ABC license for the supermarket at this location will
positively influence the present and future economic stability of the property
by further diversifying the products and services offered within the
supermarket and area in general. Further, the proposed project will provide
for additional employment opportunities for residents in the surrounding area.
D. Will the proposed use comply with the regulations and conditions specified in Chapter
41 for such use?
As conditioned, the project will comply with all regulations and conditions for
commercial businesses in the city as well as all other State and local
regulations that pertain to the sale of alcoholic beverages.
E. Will the proposed use adversely affect the General Plan or any specific plan of the
City?
The proposed project will not adversely affect the General Plan. Supermarkets
and regulate uses such as Alcoholic Beverage Control (ABC) licenses are
permitted within the General Commercial (GC) General Plan land use
designation.
MOTION: Acosta SECOND: Nalle
VOTE: AYES: Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (Q)
ABSENT: Gartner (1)
SAPD McCoy provided a handout to the Planning Commission with the Police Department
conditions of approval:
Police Conditions:
1. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
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2. The petitioner shall be responsible for maintaining free of litter the area adjacent
to the premises over which he has control.
3. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages on the premises.
4. There shall be no coin-operated games maintained on the premises at any time.
5. All public telephones shall be located on the interior of the premises.
Planning Commission Minutes 4 March 28, 2011
6. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of
being applied.
7. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California
Penal Code ("CPC") section 602, on the exterior of the premises.
8. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is
• complied with at all times that the premises are in operation.
9. The applicant(s) shall at all times utilize an age verification device for all
purchases of alcoholic beverages.
10. At all times that the premises is open for business the applicant(s) shall employ a
minimum of one (1) uniformed, licensed security guard. Said guard(s) duty shall
monitor the front and rear parking areas and remain on the premises until the
close of business.
11. The Chief of Police or his designate shall first approve every security guard
employed by you. If there is a marked or noticeable increase in the number of
police-related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the permittee shall increase the number of
uniformed, licensed security guards to a total number of guards as determined by
the Chief of Police.
12.A11 managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills
for selling alcoholic beverages. The State of California Department of Alcohol
Beverage Control must approve said training program. Records of each
employee's successful completion of the certified training program required by this
section shall be maintained on the premises of the alcoholic beverage outlet and
• shall be presented upon request by a representative of the City of Santa Ana.
13. No wine shall be sold with an alcoholic content of greater than 15% by volume
except for "Dinner Wines' which have been aged two years or more and
maintained in corked bottles.
14. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz.,
or similar size containers are prohibited. No beer or malt beverages shall be sold
in quantities of less than six per sale.
15. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be
sold by single containers, but must be sold in manufacturer pre-packaged multi-
unit quantities.
16. Wine and distilled spirits shall not be sold in bottles or containers smaller than
750 ml. Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be
sold in manufacturer pre-packaged multi-unit quantities.
17.The sales of alcoholic beverages shall be permitted only between the hours of
7:00 a.m. and 11:00 p.m., each day of the week.
18.The Police Department shall review the operation after 90 days, six months, one
• year, and annually thereafter for modification or violations of any of the conditions
of approval
19. Existing building and required parking must conform to the provisions of Chapter
8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). These code conditions will require that the existing project's lighting,
door/window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
20. Cash registers must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
Planning Commission Minutes 5 March 28, 2011
21. Window displays must be kept to a minimum for maximum visibility and shall not
exceed 25 percent of window coverage.
22. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
23.Atlmed-access cash controller or drop safe must be installed.
24.Install a silent armed robbery alarm
Additional conditions were entered into the motion including two conditions by
Planning Staff and the list of conditions proposed by the applicant.
Planning Conditions added:
1. Applicant shall ensure that an electronic shopping cart containment system
shall be maintained in operating condition at all times over parcel number
410-421-03.
2. The use of anti-graffiti paint shall be utilized on exterior building surfaces
accessible to the public.
Commissioner Yrarrazaval requested that the applicant be required to provide an additional
security to specifically police the exterior of the building during the market's hours of
operation and that that be added to Police Condition 10. Mr. Radanovich, representing EI
Super, stated that they will be providing one security guard who will perform security
services both within and outside the store, but will not be dedicated specifically to the
outside of the store.
• Officer McCoy stated that one security guard would be sufficient from the Police
Department's perspective.
ADDENDUM TO VOTE:
Executive Director Trevino requested the additional recommendation by the
applicant to monitor at the -cash register that each sale of alcohol requires
identification of purchaser.
Add the 24 Police Department conditions, include the two modifications by the
Planning staff, and include the applicant's recommended five conditions of approval
with the modification to Police Condition No. 10 amended as "said guard duties shall
monitor the front and rear parking areas and to remain on the exterior premises until
the close of business."
Motioned by Commissioner Yrarrazaval; Motion failed for lack of a Second Vote.
SUBSTITUTE MOTION: Adopt Conditional Use Permit No. 2011-04 as conditioned;
add Police Conditions Nos. 1-24 as stated, include two conditions modified by the
• Planning staff, and the additional five conditions of approval proposed by the
applicant as previously stated.
MOTION: Mill SECOND: Nalle
AYES: Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Gartner (1)
Planning Commission Minutes 6 March 28, 2011
For the Record, Planning Manager Haluza added the following. In accordance with the
California Environmental Quality Act the recommended action is exempt for further review
per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental Review No. 2010-141
will be filed for this project.
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Assistant City Attorney Hodge asked to add to direct staff to provide the ABC letter of
personal convenience and necessity.
MOTION: Mill SECOND: Acosta
AYES: Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Gartner (1)
3. ZONING ORDINANCE AMENDMENT NO. 2011-01
Filed by the City of Santa Ana, to amend the Zoning Code to create a Housing
Opportunity Ordinance to ensure future residential development projects contribute
to the attainment of the affordable housing goals set forth in the Housing Element of
the City's General Plan.
PUBLISHED IN THE ORgNGE COUNTY REPORTER: March 16, 2011
PUBLICLY NOTICED: March 16, 2011
RECOMMENDATION:
Recommend that the Planning Commission recommend that the City Council adopt
an ordinance approving Zoning Ordinance Amendment No. 2011-01 as conditioned.
Principal Planner Sergio Klotz presented the staff report and recommendation.
Commission discussion ensued regarding standard notification process, description
of ordinance on the public notification card, public contact with the case planner,
clarification of the Transit Zone and Redevelopment project zones and calculation of
in-lieu fees.
Kathe Head with Keyser-Marston provided information on methodology of in-lieu
fees and stated they are included by-right or at city council discretion. Ms. Head
provided an example for clarification.
The public hearing was opened.
Resident Roy Alvarado requested clarification as to the intent of the ordinance and if
it would re-zone property.
Business owner Mike Tardif provided a letter to the Commission. Chairman Alderete
read to the letter to the commission.
• George Collins provided the Commission a sample of the public notice card that was
mailed by staff; indicated he did not receive the public notification card and stated
that loft-style housing has failed in Santa Ana and Europe.
Juan Garcia requested clarification on intent of notice.
Cesar Covarrubias with The Kennedy Commission stated his support of providing
affordable housing throughout the city, supports the ordinance, and stated that in-
lieu fees are in line with the practice of other cities.
Planning Commission Minutes
7
March 28, 2011
Property owner Paul Pham would like to have zoning changed for his property at
Washington and Harbor to allow for general commercial.
Property owner David Roche stated that he was not in support of proposed
ordinance. He expressed concern about potential affects to his property on 6th
Street.
• Business owner Guillermo Perez requested confirmation that the proposed
ordinance would not change his property's zoning.
Pauline Pham did not know how ordinance was changing zone; affordable housing
seen as detrimental to property owners.
Harbor Blvd. property and business owner Carol Baker expressed concern over any
future re-zoning of Harbor.Blvd.
The public hearing was closed.
Planning Manager Haluza clarified for the public that the Planning Commission's
consideration of the Housing Opportunity Ordinance would not result in the re-zone
of any property and that, should such an ordinance be adopted, it would only apply
when, and if, a private property owner chooses to re-zone their property or exercise
the conversion provisions of an overlay zone. She further clarified that the
consideration of the Housing Opportunity Ordinance was in no way related to the
Harbor Boulevard Corridor Study.
Executive Director Trevino described the noticing procedures that were employed to
• notify the public of this item and that the methods used exceeded the minimum
requirements of state law. He stated that Principal Planner Klotz would provide his
follow up with all of the public speakers.
MOTION:
Recommend that the Planning Commission recommend that the City Council
adopt an ordinance approving Zoning Ordinance Amendment No. 2011-01 as
conditioned.
Motion withdrawn by its maker, Commissioner Mill
The Commission requested that additional information be provided as to the
calculation methodology to be contained in the ordinance and requested that staff
re-notice the public hearing with a notice that is clearer to the public.
SECOND MOTION: Continue to April 11, 2011 to include additional language to
address calculation of in-lieu fees. Executive Director Trevino recommended
continuance to April 25, 2011 to have Ms. Head available for discussion.
MOTION: Turner
VOTE: AYES:
• NOES:
ABSTAIN
ABSENT:
SECOND: Nalle
Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (6)
None (0)
None (0)
Gartner (1)
4. ZONING ORDINANCE AMENDMENT NO. 2011-02 AND VARIANCE NO. 2011-03
Filed by Bannick Architects to modify the permitted uses in the Arterial Commercial
(C5) zoning district to allow health clubs and gymnasiums and to allow a reduction in
parking for a Gold's Gym at 1945 East Seventeenth Street, Unit 103.
Planning Commission Minutes 8 March 28, 2011
PUBLISHED IN THE ORANGE COUNTY REPORTER: March 16, 2011
PUBLICLY NOTICED: March 16, 2011
RECOMMENDATION:
Recommend that the Planning Commission recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2011-02.
2. Adopt a resolution approving Variance No. 2011-03 as conditioned.
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Principal Planner Vince Fregoso presented the staff report and recommendation.
The public hearing was opened. George Collins voiced concerns with night parking
in the rear of the facility, sound of vehicular horns, light spill into neighborhood, and
recommended that the applicant add a 10-foot sound wall.
The public hearing was closed.
Applicant representative Art Bannick spoke in support of the project and indicated he
supports the 10-foot block wall.
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MOTION:
Recommend that the Planning Commission recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2011-02.
2. Adopt a resolution approving Variance No. 2011-03 as conditioned to allow a
reduction of parking.
3. Planning staff directed to draft an additional condition for the installation of a
10-foot block wall.
MOTION: Yrarrazaval
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
5. PUBLIC COMMENT
SECOND: Acosta
Acosta, Alderete, Mill, Nalle, Turner, Yrarrazaval (ti)
None (0)
None (0)
Gartner (1)
S (on non-agenda items)
No comments were provided.
6. STAFF COMMENTS
No comments were made.
7. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Yrarrazaval requested clarification as to the start time of the Historic
Resources Commission.
8. EXCUSE OF ABSENCES
Commissioner Mill moved to excuse the absence of Commissioner Gartner. Motion
was seconded by Commissioner Acosta and unanimously approved by the Planning
Commission with a vote of 6:0.
• ADJOURNMENT 8:35 P.M.
a ha amirez
Recording Secretary
Planning Commission Minutes
March 28, 2011