HomeMy WebLinkAbout09/12/2012MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
September 10, 2012
CALLED TO ORDER CITY HALL, COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
' SANTA ANA, CALIFORNIA
5:33 P.M.
ATTENDANCE COMMISSIONERS Present:
FRANK ACOSTA
JAMES GARTNER, Vice Chairman
SEAN H. MILL
ALEXANDER NALLE
MARIO TURNER (arrived at 5:35 p.m.)
PATRICK YRARRAZAVAL
COMMISSIONERS Absent:
ERIC ALDERETE, Chairman
STAFF Present:
JAY TREVINO, Ex. Dir. Ping. & Bldg. Agency
SERGIO KLOTZ, Principal Planner
RYAN HODGE, Assistant City Attorney
MARTHA RAMIREZ, Recording Secretary
PLEDGE OF ALLEGIANCE Led by Vice Chairman Gartner
I
CONSENT CALENDAR
MOTION: Approve the minutes dated August 27, 2012
MOTION:
SECOND:
VOTE: AYES:
Acosta, Mill, Nalle, Yrarrazaval (4)
NOES:
None (0)
ABSTAIN:
Gartner (1)
ABSENT:
Alderete, Turner (2)
A. MINUTES
RECOMMENDATION:
Approve the minutes of the regular meeting on August 27, 2012.
None
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
Planning Commission Agenda 1 September 10, 2012
PROCEDURAL RULES
PUBLIC HEARING
1. CONDITIONAL USE PERMIT NOS. 2012-11, 2012-12 AND 2012-13
(Continued by Planning Commission on August 27, 2012 to September 10, 2012)
Filed by Robert Quinn to allow The Playground restaurant a conditional use permit for
' a Type 47 Alcoholic Beverage Control (ABC) license for the on -premise sale and
consumption of beer, wine and distilled spirits; to allow after-hours operation, and to
allow a banquet facility at 220 East Fourth Street, Suite 102, located in the Downtown
(SD84) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: August 31, 2012
PUBLICLY NOTICED: August 30, 2012
RECOMMENDATION:
1. Confirm the Zoning Administrator's action approving Conditional Use Permit No.
2012-12 to upgrade a Type 41 ABC license to a Type 47 ABC license as
conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2012-11 to allow the
restaurant's hours of operation to extend to 2:00 a.m. as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2012-13 to allow the
restaurant to be used as a banquet facility as conditioned.
Associate Planner Hally Soboleske presented the staff report and recommendation.
SAPID McCoy provided Police modifications to conditions of approval on Conditional
Use Permit Nos. 2012-11 Exhibit A page 2 of 2, Items 4 (ambient music) and item 13
' (entertainment); and Conditional Use Permit No. 2012-13, Exhibit B page 1 of 2 item
4 (entertainment).
No written communications were received.
Vice Chairman Gartner opened the public hearing. Resident Darren Shippen spoke
in support of the project. The public hearing was closed.
MOTION:
Confirm the Zoning Administrator's action approving Conditional Use Permit
No. 2012-12 to upgrade a Type 41 ABC license to a Type 47 ABC license as
conditioned. The Planning Commission added a condition to prohibit the
cover charge as related to live entertainment defined in Chapter 41 of the
Santa Ana Municipal Code.
MOTION: Mill SECOND: Nalle
AYES:
Acosta, Gartner, Mill, Nalle, Turner (5)
NOES:
Yrarrazaval (1)
ABSTAIN:
None (0)
ABSENT:
Alderete (1)
1. Adopt a resolution approving Conditional Use Permit No. 2012-11 to allow the
restaurant's hours of operation to extend to 2:00 a.m. as conditioned. The
Planning Commission adopted the Police modifications submitted by SAPD
McCoy on Conditional Use Permit No. 2012-11 Exhibit A page 2 of 2, Items 4
(ambient music) and item 13 (entertainment) and Conditional Use Permit No.
2012-13, Exhibit B page 1 of 2 item 4 (entertainment). The Planning
Commission added a condition to prohibit the cover charge as related to live
entertainment defined in Chapter 41 of the Santa Ana Municipal Code
Planning Commission Agenda 2 September 10, 2012
MOTION: Mill SECOND: Nalle
AYES: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete (1)
2. Adopt a resolution approving Conditional Use Permit No. 2012-13 to allow the
restaurant to be used as a banquet facility as conditioned. The Planning
Commission adopted the Police modifications submitted by SAPD McCoy on
Conditional Use Permit No. 2012-11 Exhibit A page 2 of 2, Items 4 (ambient
music) and item 13 (entertainment) and Conditional Use Permit No. 2012-13,
Exhibit B page 1 of 2 item 4 (entertainment). The Planning Commission added
a condition to prohibit the cover charge as related to live entertainment
defined in Chapter 41 of the Santa Ana Municipal Code.
MOTION: Mill SECOND: Nalle
AYES: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete (1)
SUBSEQUENT MOTION: Commissioner Yrarrazaval moved to deny the Type 47 ABC
license. Motion failed due to lack of a Second.
2. CONDITIONAL USE PERMIT NO. 2012-18, 2012-19 AND 2012-20
(Continued by Planning Commission on August 27, 2012 to September 10, 2012)
Filed by Bruce Marsh and Naseem Aflakian of Floral Park Cafe, LLC to allow a
' conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the
on -premise sale and consumption of beer, wine and distilled spirits in conjunction with
a new restaurant; to allow after-hours operation, and to allow a banquet facility at 300
North Main Street located in the Downtown (SD84) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: August 31, 2012
PUBLICLY NOTICED: August 30, 2012
RECOMMENDATION:
1. Confirm the Zoning Administrator's action approving Conditional Use Permit No.
2012-19 to allow a Type 47 and a Type 58 ABC licenses as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow the
restaurant's hours of operation to extend to 2:00 a.m. as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow the
restaurant to be used as a banquet facility as conditioned.
Associate Planner Hally Soboleske presented the staff report and recommendation.
SAPD McCoy modified conditions of approval on CUP 2012-19 Exhibit A page 3 of 4
regarding #13 (indoor entertainment) #14 (ambient noise/music) and #18 to be
' eliminated (duplicate, refers to indoor entertainment).
No written communications were received.
Vice Chairman Gartner opened the public hearing. Applicant Bruce Marsh and
resident Darren Shippen spoke in support of the project. The public hearing was
closed.
MOTION:
1. Confirm the Zoning Administrator's action approving Conditional Use
Permit No. 2012-19 to allow a Type 47 and a Type 58 ABC licenses as
conditioned.
Planning Commission Agenda 3 September 10, 2012
n
2. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow
the restaurant's hours of operation to extend to 2:00 a.m. as conditioned.
The Planning Commission adopted Police modifications as submitted by
SAPD McCoy on Conditional Use Permit No. 2012-18 Exhibit A page 2 of 2,
Item 4 (ambient music) and item 13 (entertainment) and Conditional Use
Permit No. 2012-20 Exhibit B page 2 of 2 item 4 (ambient music) and Item 13
(entertainment). The Planning Commission added a condition to prohibit
the cover charge as related to live entertainment defined in Chapter 41 of
the Santa Ana Municipal Code.
3. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow
the restaurant to be used as a banquet facility as conditioned. The Planning
Commission adopted Police modifications as submitted by SAPD McCoy
on Conditional Use Permit No. 2012-18 Exhibit A page 2 of 2, Item 4
(ambient music) and item 13 (entertainment) and Conditional Use Permit
No. 2012-20 Exhibit B page 2 of 2 item 4 (ambient music) and Item 13
(entertainment). The Planning Commission added a condition to prohibit
the cover charge as related to live entertainment defined in Chapter 41 of
the Santa Ana Municipal Code.
Commissioner Yrarrazaval moved to approve Item 2 and Item 3 with no action
on Item 1. Motion failed for lack of a Second.
Vice Chairman Gartner opened the public hearing. Applicant Bruce Marsh offered
additional support for the project. Wilshire Square resident Irma Jauregui spoke in
support of the project. The public hearing was closed.
SUBSEQUENT MOTION:
1. Confirm the Zoning Administrator's action approving Conditional Use
Permit No. 2012-19 to allow a Type 47 and a Type 58 ABC licenses as
conditioned. No action taken by Planning Commission.
MOTION: Gartner SECOND: Nalle
VOTE: AYES: Gartner, Nalle, (2)
NOES: Acosta, Mill, Turner, Yrarrazaval (4)
ABSTAIN: None (0)
ABSENT: Alderete (1)
2. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow
the restaurant's hours of operation to extend to 2:00 a.m. as conditioned.
The Planning Commission adopted Police modifications as submitted by
SAPD McCoy on Conditional Use Permit No. 2012-18 Exhibit A page 2 of 2,
Item 4 (ambient music) and item 13 (entertainment) and Conditional Use
Permit No. 2012-20 Exhibit B page 2 of 2 item 4 (ambient music) and Item 13
(entertainment). The Planning Commission added a condition to prohibit
the cover charge as related to live entertainment defined in Chapter 41 of
the Santa Ana Municipal Code.
MOTION: Gartner
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Yrarrazaval
Acosta, Gartner, Nalle,
Mill (1)
None (0)
Alderete (1)
Turner, Yrarrazaval (5)
3. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow
the restaurant to be used as a banquet facility as conditioned. The Planning
Commission adopted Police modifications as submitted by SAPD McCoy
on Conditional Use Permit No. 2012-18 Exhibit A page 2 of 2, Item 4
(ambient music) and item 13 (entertainment) and Conditional Use Permit
No. 2012-20 Exhibit B page 2 of 2 item 4 (ambient music) and Item 13
(entertainment). The Planning Commission added a condition to prohibit
Planning Commission Agenda
0
September 10, 2012
the cover charge as related to live entertainment defined in Chapter 41 of
the Santa Ana Municipal Code.
MOTION: Gartner
SECOND: Nalle
VOTE: AYES:
Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Alderete (1)
' ADDITIONAL MOTION: Confirm the Zoning Administrator's action approving
Conditional Use Permit No. 2012-19 to allow a Type 58 ABC licenses as conditioned.
The Planning Commission added a condition to prohibit the cover charge as related
to live entertainment defined in Chapter 41 of the Santa Ana Municipal Code
MOTION: Yrarrazaval SECOND: Nalle
VOTE: AYES:
Acosta, Gartner, Mill, Nalle, Yrarrazaval (5)
NOES:
Turner (1)
ABSTAIN:
None (0)
ABSENT:
Alderete (1)
Vice Chairman Gartner recessed at 8:06 p.m.; meeting resumed at 8:12 p.m
Vice Chairman Gartner declared an Impasse on Conditional Use Permit No. 2012-19; no
action taken on Type 47 ABC license.
Applicant Bruce Marsh opted to request an indefinite continuance.
MOTION: Continue Conditional Use Permit No. 2012-19 to an indefinite date.
MOTION: Yrarrazaval
SECOND: Mill
VOTE: AYES:
Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6)
'
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Alderete (1)
3. GENERAL PLAN AMENDMENT NO. 2012-01 AND ZONING AMENDMENT
APPLICATION NO. 2012-01
The City of Santa Ana is requesting approval of a general plan amendment and a
zone change (amendment application) for a proposed park site at 300 East
McFadden Avenue. The project site is proposed to be changed from a residential to
an Open Space general plan land use and zoning designation.
PUBLISHED IN THE ORANGE COUNTY REPORTER: August 31, 2012
PUBLICLY NOTICED: August 30, 2012
RECOMMENDATION:
Recommend that the City Council:
1 1. Adopt a resolution approving General Plan Amendment No. 2012-01.
2. Adopt an ordinance approving Zoning Amendment Application No. 2012-01.
Associate Planner Melanie McCann presented the staff report and recommendation.
The Commission received written communications from residents Joel Reyes and
Olga Pulido expressing opposition to the proposed site. Also the Commission
received an email in support of the project from Michael Beanes, Heninger Park
Neighborhood Association President.
Planning Commission Agenda 5 September 10, 2012
The public hearing was opened. Residents Susana C. Sandoval and Irma Jauregui
spoke in support of the project. Resident Joel Reyes spoke in opposition to the
project site. The public hearing was closed. Vice Chairman Gartner re -opened the
public hearing to allow Mr. Reyes to express additional comments. The public
hearing was closed.
MOTION:
Recommend that the City Council:
1. Adopt a resolution approving General Plan Amendment No. 2012-01.
' 2. Adopt an ordinance approving Zoning Amendment Application No. 2012-01.
MOTION: Acosta SECOND: Mill
VOTE: AYES: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete (1)
4. PUBLIC COMMENTS (on non -agenda items)
No public members spoke.
5. STAFF COMMENTS
No comments were made.
6. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Mill expressed concern with the sign at Franklin Realty located on
West 17th Street.
' Commissioner Acosta requested alternatives for the residents at Vista Del Rio
neighborhood with regards to handling the ant infestation. Planning staff will provide
information.
Commissioner Yrarrazaval concerned that the power poles at First and Bristol
Streets are not underground. Principal Civil Engineer Higgins provided information
regarding the expired Rule 28 funding for underground poles.
Commissioner Turner recommended replacement of parking signs along Orange
and Maple Streets at the proposed McFadden/Orange Park site.
7. EXCUSE OF ABSENCES
Commissioner Acosta moved to excuse the absence of Chairman Alderete the
motion was seconded by Vice Chairman Gartner and unanimously approved by the
Commission with a vote of 6:0.
ADJOURNMENT 9:17 P.M.
Mart Ramirez
Recording Secretary
Planning Commission Agenda 6 September 10, 2012