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Home My WebLink About04/23/2012wuu1 X11.. .--.- __ _ MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 23, 2012 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:37 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE, Chairman SEAN H. MILL ALEXANDER NALLE MARIO TURNER PATRICK YRARRAZAVAL COMMISSIONERS Absent: FRANK ACOSTA JAMES GARTNER, Vice Chairman STAFF Present: JAY TREVINO, Ex. Dir. Planning & Building KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting on April 9, 2012 MOTION: Approve the Minutes of April 9, 2012 MOTION: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Nalle Alderete, Mill, Nalle, Turner, Yrarrazaval (5) None (0) None (0) Acosta, Gartner (2) RECOMMENDATION: Approve the minutes of the regular meeting on April 9, 2012. Commissioner Turner noted he was absent at the April 9, 2012 meeting. B. CONDITIONAL USE PERMIT NO 2012-05 Filed by Brent McManigal representing Wal-Mart Store, to allow a Type 21 Alcohol Beverage Control (ABC) license for the off- premise sale of beer, wine and distilled spirits at 3600 West McFadden Avenue located in the North Harbor Specific Plan (SP2) zoning district. RECOMMENDATION: Planning Commission Minutes Page 1 of 4 April 23, 2012 _.-.,- I_____ . _I . . . Confirm the Zoning Administrator's action: 1. Adopting a resolution voiding Conditional Use Permit No. 2009-06. 2. Adopting a resolution approving Conditional Use Permit No. 2012-05 as conditioned. Commissioner Turner pulled item for discussion. SAPD McCoy provided crime information and Planning Manager Haluza provided additional background information and referenced letter dated April 4, 2012 from Wal-Mart in the staff report, Exhibit 6, Gresham Savage. MOTION: Return the item for public hearing at the Planning Commission on May 14, 2012. MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Turner Alderete, Turner, Yrarrazaval (3) Mill, Nalle (2) None (0) Acosta, Gartner (2) * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Nalle will abstain on public hearing items, Variance No. 2012-02 and Variance No. 2012-03 since he has conducted business with the applicant. PROCEDURAL RULES PUBLIC HEARING 1. VARIANCE NO. 2012-02 AND VARIANCE NO 2012-03 Filed by Shab Vakili representing HD Supply Repair & Remodel, requesting variances from the Santa Ana Municipal Code pertaining to setback and parking standard requirements at 1044 East Fourth Street located in the Transit Village (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 13, 2012 PUBLICLY NOTICED: April 12, 2012 RECOMMENDATION: a. Adopt a resolution approving Variance No. 2012-02 as conditioned to allow a reduction in landscaped setbacks. b. Adopt a resolution approving Variance No. 2012-03 as conditioned to allow a reduction in parking. Commissioner Nalle left the dais at 5:50 p.m. Principal Planner Vince Fregoso provided the staff report and recommendation. Written communications: two emails dated April 20, 2012 in opposition were received from Mike Tardif — Tardif Sheet Metal and also Mike Tardif acting on behalf of Ray & Scott Connelly — Connelly Machine Works, Joe Kunz — Joe Kunz Company, Jim & Sherry Pastor — Rockview Dairy, Joe Ocampo — 41' Street Resident, and Don Nyman — Dochor Engineering. Email in support of project dated April 16, 2012 from Mark & Diane Forsyth with Forsyth Steel Company and letter Planning Commission Minutes Page 2 of 4 April 23, 2012 dated April 23, 2012 received from Kevin A. Coleman with Net Development Company. The public hearing was opened. Mike Tardif with Tardif Sheet Metal voiced concerns with the large semi -trucks maneuvering in the designated ten spaces, the congested traffic area with on-going trucks from the adjoining businesses and industrial use clarification. ' John Heffernan, co-owner of the property, spoke in support of the project. Joe Ocampo, resident at 1108 E 4 k Street, expressed concerns with parking reduction, noise, operating hours at facility and traffic congestion at the entrance. HD Supply Repair & Remodel Vice President of Operations, George Arredondo commented on the site improvement, parking (facility not retail), customers are tradesmen and contractors with quick turn -around time, scheduled fixed hours for receiving, does not operate 24 hours/day 6:00 a.m. to 8:00 p.m. on Monday thru Friday, 7:00 a.m. to 6:00 P.M. on Saturday/Sunday. WD40s are used at site to accommodate truck turning. Day laborers primarily used by retail business not HD Supply that requires specialized employment; looking forward to partnering with the community. Commission discussion ensued regarding how the applicant would deal with day laborers, enforcement issue and hours of operation. Planning Manager Haluza referred to the police condition whereby the business owners' responsibility includes hiring of a security guard. The public hearing was closed. Commissioner Yrarrazaval inquired about limiting the train delivery to one in morning ' and one in evening; staff confirmed not in city's purview. Mr. Arredondo responded compliance with delivery schedule; truck deliveries would be scheduled between 8:00 a.m. to noon and the turning radius for WD40 trucks, 45 foot turning radius was confirmed. Planning Manager Haluza stated the permitted use by right exists in the industrial zone. MOTION: a. Adopt a resolution approving Variance No. 2012-02 as conditioned to allow a reduction in landscaped setbacks. b. Adopt a resolution approving Variance No. 2012-03 as conditioned to allow a reduction in parking. C. Planning Commission modification added: There shall be no truck deliveries between the hours of 9:00 p.m. and 6:00 a.m. MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Mill Alderete, Mill, Turner, None (0) Nalle (1) Acosta, Gartner (2) Yrarrazaval (4) Commissioner Nalle returned to the dais at 6:36 p.m. ' 2. PUBLIC COMMENTS (on non -agenda items) ) No public members spoke. Planning Commission Minutes Page 3 of 4 April 23, 2012 3. STAFF COMMENTS No comments were made. 4. PLANNING COMMISSION MEMBER COMMENTS No commission requests were made. 5. EXCUSE OF ABSENCES Commissioner Yrarrazaval motioned to excuse the absences of Commissioners Acosta and Gartner; Commissioner Nalle seconded the motion. The Commission unanimously approved the motion with a vote of 5:0. ADJOURNMENT 6:37 PM Planning Commission Minutes Page 4 of 4 April 23, 2012