HomeMy WebLinkAbout11/26/2012MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
November 26, 2012
L'
CALLED TO ORDER CITY HALL, COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:33 P.M.
ATTENDANCE COMMISSIONERS Present:
ERIC ALDERETE, Chairman
JAMES GARTNER, Vice Chairman
FRANKACOSTA
SEAN H. MILL
ALEXANDER NALLE
PATRICK YRARRAZAVAL
STAFF Present:
JAY TREVINO, Ex. Dir. PJng. & Bldg. Agency
KAREN HALUZA, Planning Manager
RYAN HODGE, Assistant City Attorney
KEN GOMINSKY, SAPD
MARTHA RAMIREZ, Recording Secretary
PLEDGE OF ALLEGIANCE Led by Chairman Alderete
CONSENT CALENDAR
MOTION: Approve the minutes of November 13, 2012.
MOTION: Mill
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
A. MINUTES
RECOMMENDATION:
SECOND: Nalle
Alderete, Gartner, Mill, Nalle, Yrarrazaval (5)
None (0)
Acosta (1)
None (0)
Approve the minutes of the regular meeting on November 13, 2012.
* * * END OF CONSENT CALENDAR * *
BUSINESS CALENDAR
B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
PROJECTS)
Commissioner Nalle was contacted via telephone by Phil Bacerra, Downtown Inc.,
regarding the public hearing item, ZOA 2012-03.
Planning Commission Minutes
November 26, 2012
PROCEDURAL RULES
PUBLIC HEARING
1. ZONING ORDINANCE AMENDMENT NO.2012-03
Filed by the City of Santa Ana, to allow modifications to Chapters 41 and 11 of the
Santa Ana Municipal Code (SAMC) related to alcohol sales and entertainment
' citywide.
PUBLISHED IN THE ORANGE COUNTY REPORTER: November 16, 2012
RECOMMENDATION:
Recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-03
regulating alcohol sales and entertainment.
2. Rescind Resolution 89-7 which delegated authority to the Zoning Administrator to
act on alcohol sales Conditional Use Permits.
Planning Manager Karen Haluza provided the staff report and recommendation.
Commission discussion ensued regarding public outreach efforts, patrons under the
age of 21 being forbidden to enter facility after 10:00 p.m., the appeal process with
the entertainment regulation, presiding officer during an appeal and cost recovery for
the applicant.
Written communications were received and handed to the Planning Commission, an
email from resident Adriana Reza requesting additional time for review and a letter
from Mayra Mejia Gille with Latino Health Access requesting continuance until
March 2013.
The public hearing was opened.
Public speakers:
Resident Rosalia Pinon requested continuance to March 2013 to familiarize with
policy/ordinance (assisted by Spanish translator Mayra Mejia).
Resident Tixoc Venteera expressed concern with allowing more alcohol licenses,
requested continuance to March 2013 (assisted by Spanish translator Mayra Mejia).
SACREeD member Juan Carlos Macedo requested continuance to March 2013
(assisted by Spanish translator Mayra Mejia).
Albert Castillo voiced concerns with 1988 crime rate with initial implementation as
compared to today and favors more entertainment for youth not necessarily
bars/liquor licenses.
Phil Bacerra, Downtown Inc., requested continuance to January 21, 2013. He
prefers conditional use permit process versus ministerial process for the
entertainment regulation; also favors having the Planning Commission handle the
alcohol license process.
Dennis Lluy, Yost Theater, concerned with age restriction, opposed to ministerial
process prefers the conditional use permit for entertainment permits.
Resident Jeanette Rubio requested additional time to review the proposed language.
' Jon Reiser, The Observatory, expressed concern over limiting the age of patrons to
over 21 after 10 p.m.
Resident Brenda Zeferino expressed support with age limit on drinking, concerned
with too many liquor licenses, encouraged continuance to March 2013 (assisted by
Spanish translator Mayra Mejia).
Mayra Mejia representing Latino Health Access commented that community
members needed more time to review draft ordinance language. She voiced
concerns over the ministerial issuance of the proposed entertainment permits, and
the impact of the cost recovery fee on public safety. She asked that the item be
continued to March 2013.
Planning Commission Minutes 2 November 26, 2012
Resident Apolonio Cortez recommended continuance of four months (assisted by
Spanish translator Mayra Mejia).
Morrison Park Neighborhood Association Dave Hoen supports entertainment policy,
but requested more time to review the draft ordinance language. He expressed
concerns over limiting the age of patrons over 21 after 10 p.m., the potential added
cost of an ID scanning system, and the cost recovery fee.
Resident Teresa Cuin requested continuance (assisted by Spanish translator Mayra
Mejia).
' Resident and Chapman College student, Madeline Spencer, commented that the
Sunshine Ordinance should have had more community involvement, youth not
getting the proper entertainment. She recommended continuance.
Gloria Giraldo, manager of Building Healthy Communities Initiative requested
continuance.
Resident Julie Stroud asked for clarification as to how the proposed entertainment
permit could affect neighborhood summer concerts; expressed concern over the age
restriction for patrons under 21 and the impacts to business they could cause.
Ana Ceballus expressed concerns that youth already had too much access to drugs
and alcohol sales on Fourth Street (assisted by Spanish translator Martha Ramirez).
Jeff Hall, Chapter One, requested more time for restaurants to evaluate impacts.
The public hearing was closed.
Planning Manager Haluza provided clarification that temporary permits, such as
neighborhood summer concerns, would not be affected by the proposed ordinance.
She provided further clarification on the advantages of the ministerial process for
entertainment permits and proposed age restrictions. She indicated that the item
was scheduled for the City Council meeting on December 3, 2012.
MOTION:
' Commissioner Yrarrazaval moved to continue the item to January 14, 2013. Motion
was seconded by Chairman Alderete.
Chairman Alderete stated that he did not favor the ministerial process for the
entertainment permit, but preferred that it be a CUP heard by the Planning
Commission. Commissioners Alderete and Yrarrazaval stated that the community
should have more tim
MOTION: Yrarrazaval
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MOTION FAILED.
2 to review the language.
SECOND: Alderete
Alderete, Yrarrazaval (2)
Acosta, Gartner, Mill, Nalle (4)
None (0)
None (0)
SECOND MOTION:
Recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-03
regulating alcohol sales and entertainment.
' 2. Rescind Resolution 89-7 which delegated authority to the Zoning
Administrator to act on alcohol sales Conditional Use Permits.
MOTION: Acosta SECOND: Mill
VOTE: AYES: Acosta, Gartner, Mill, Nalle (4)
NOES: Alderete, Yrarrazaval (2)
ABSTAIN: None (0)
ABSENT: None (0)
Planning Manager Haluza encouraged those members of the public in attendance to
provide their contact information to the Planning Commission Secretary so that they could
be contacted by staff to answer their questions about the proposed ordinance.
Planning Commission Minutes 3 November 26, 2012
2. PUBLIC COMMENTS (on non-agenda items)
None
3. STAFF COMMENTS
' None
4. PLANNING COMMISSION MEMBER COMMENTS
Commissioner Yrarrazaval inquired about the meeting scheduled for December 26.
Planning Manager Haluza announced the cancellation.
5. EXCUSE OF ABSENCES
ADJOURNMENT 7:08 P.M
_.
Mart .Ramirez
Recording Secretary
Planning Commission Minutes 4