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Home My WebLink About09/23/2013MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 23, 2013 0 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. ATTENDANCE: COMMISSIONERS Present: PHIL BACERRA JOEL CRESPO JAMES GARTNER SEAN H. MILL, Vice Chairman ALEXANDER NALLE PATRICK YRARRAZAVAL PLEDGE OF ALLEGIANCE TO THE FLAG LED BY VICE CHAIRMAN MILL CONSENT CALENDAR MOTION: Approve the Minutes of August 26, 2013. MOTION: Yrarrazaval SECOND: Nalle VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting on August 26, 2013. G * * * END OF CONSENT CALENDAR * * BUSINESS CALENDAR COMMISSIONERS Absent: ERIC ALDERETE, Chairman STAFF Present: JAY TREVINO, Ex. Dir., Planning & Building KAREN HALUZA, Pianning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED Commissioner Gartner stated he was the architect for Item 2 -Conditional Use Permit No. 2013-35 Applebee's and will abstain from voting. Commissioner Bacerra and Vice Chair Mill communicated with Eric Nelson regarding Item 3 -Variance No. 2013-11. Planning Commission Minutes 1 September 23, 2013 C. REVIEW OF THE PUBLIC ART PLAN FOR THE MARKE DEVELOPMENT AT 100 EAST MACARTHUR PLACE Filed by the Lyon Communities to approve the public art plan for The Marke development at 100 East MacArthur Placelocated in the Specific Development No. 76 (SD76) zoning district. C RECOMMENDATION: Adopt a resolution approving the Public Art Plan for The Marke. Principal Planner Vince Fregoso presented the staff report and recommendation. Artist Jon Seeman provided historical background for the sculpture design that will be entitled "In Flight". Commissioner Bacerra suggested that the sculpture have a placard explaining the art piece and that it be lit in the evening. The artist confirmed that it would have such identifying information. MOTION: Adopt a resolution approving the Public Art Plan for The Marke. MOTION: Gartner SECOND: Nalle VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) WORK STUDY SESSION D. Principal Planner Vince Fregoso provided an update of the proposed June 2013 sign program. Commissioner Bacerra recommended adding "Santa Ana" on the. small painted shroud under the larger sign panel. Paula Halverson, project applicant, stated that they will consider the recommendation. E. GENERAL PLAN HOUSING ELEMENT Associate Planner Melanie McCann introduced city consultant, Mark Hoffman with The Planning Center, who provided an overview of the Housing Element update process. ' PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2013-36. CONDITIONAL USE PERMIT NO. 2013-37 AND CONDITIONAL USE PERMIT NO. 2013-38 Amaryllis Lopez is requesting approval of three conditional use permits for the proposed EI Mercado restaurant at 301 North Spurgeon Street. Specifically, the applicant is requesting approval to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine, and distilled spirits pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), to Planning Commission Minutes 2 September 23, 2013 . , ., ; allow the restaurant to remain open until 1:30 a.m. seven days a week per Section 41-2007 of the SAMC and to allow a banquet use pursuant to'Section 41-2008`ofthe SAMC at 301 North Spurgeon Street, located in the Transit Zoning-Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 13, 2013 PUBLICLY NOTICED: September 12, 2013 ' RECOMMENDATION: 1. Adopt a resolution approving Conditional Use Permit No. 2013-36 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013-37 as conditioned to allow after-hours operation. 3. Adopt a resolution approving Conditional Use Permit No. 2013-38 as conditioned to allow a banquet facility. Associate Planner Hally Soboleske provided the staff report and recommendation. The public hearing was opened. Darren Shippen and Dave Hoen spoke in support of the project. Samuel Romero resident of Logan neighborhood and business owner expressed concerns that the area is over saturated with liquor licenses and commented on impact to business owners. Jose Cerrudo, on behalf of the restaurant applicant, spoke in support of the project and indicated restaurant will be mentoring youth to be chefs. Commissioner Bacerra clarified with the applicant and staff, the hours of operation, to be open until 2:00 a.m. The public hearing was closed. Commission discussion ensued regarding the balance of restaurant and retail uses in the downtown. Executive Director Trevino indicated that staff will prepare a report to be included in the Planning Commission packet for October 14, 2013 meeting. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013-36 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013-37 as ' conditioned to allow after-hours operation. Changed to 2:00 a.m. 3. Adopt a resolution approving Conditional Use Permit No. 2013-38 as conditioned to allow a banquet facility. MOTION: Nalle SECOND: Bacerra VOTE: AYES: Bacerra., Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) Planning Commission Minutes 3 September 23, 2013 2. CONDITIONAL USE PERMIT NO. 2013-35 Filed by Patrick Eulberg, representing. Applebee's, is requesting to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale of beer, wine and distilled spirits at 2800 North Main Street, Unit 868, located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 13, 2013 PUBLICLY NOTICED: September 12, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2013-35 as conditioned. Commissioner Gartner left the dais. Principal Planner Vince Fregoso presented the staff report and recommendation. The public hearing was opened. No public speakers spoke. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2013-35 as conditioned. MOTION: Yrarrazaval SECOND: Nalle VOTE: AYES: Bacerra, Crespo, Mill, Nalle, Yrarrazaval (5) NOES: None (0) ABSTAIN: Gartner (1) ABSENT: Alderete (1) Commissioner Gartner returned to the dais. 3. VARIANCE NO. 2013-11 Eric Nelson,. representing Planet-Fitness, is requesting approval of avariancefrom Section 41-1375 of the Santa Ana Municipal Code (SAMC) in order to allow a reduction in required parking for a health club at the Floral Park Promenade retail center located at 2725 North Bristol Street located in the Community Commercial (CT) zoririg district. PUBLISHED IN THE.ORANGE COUNTY REPORTER: PUBLICLY NOTICER: RECOMMENDATION: > ` September 13, 2013 September 12,.2013, , Adopt a resolution approving Variance No. 2013-11 as conditioned. Assistant Planner I Ali Pezeshkpour presented the staff report and recommendation. The public hearing was opened. Residents Dave Hoen, Darren Shippen, and James Stewart, spoke in support of the project. , Eric Nelson, representing the applicant/property owner Red Mountain, spoke in support of the project. Planning Commission Minutes 4 September 23, 2013 The public hearing was closed. 0 MOTION: Adopt a resolution approving Variance No. 2013-11 as conditioned. MOTION: Gartner SECOND: Crespo VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 4. AMENDMENT APPLICATION NO. 2013-04. TENTATIVE TRACT MAP NO. 2013- 05AND SITE PLAN REVIEW NO. 2013-04 Kim Prijatel of Urban Land, LLC is requesting approval of an amendment application to change the zoning designation from General Agricultural (A1) to Specific Development No. 86 (SD86), approval of the site plan pursuant to the requirement of the SD and a tentative tract map to allow an air-right subdivision of 28 detached homes for the property at 4226 through 4306 West Fifth Street located in the General Agricultural (A1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 13, 2013 PUBLICLY NOTICED: September 12, 2013 RECOMMENDATION: Planning Commission recommends that the City Council: ii 1. Adopt an ordinance approving Amendment Application No. 2013-04 and Specific Development No. 86. 2. Adopt a resolution approving Tentative Tract Map No. 2013-05 (County Map No. 17546) as conditioned. 3. Adopt a resolution approving Site Plan Review No. 2013-04 as conditioned. Associate Planner Ann Ni provided the staff report and recommendation. The Commissioners requested that future notices of community meetings be provided to them. Commission Secretary Martha Ramirez noted for the record that she had received one phone call in opposition to the project from Maria Sandoval. The public hearing was opened. Kim Prijatel, representing the applicant, spoke in support of the project. ' The public hearing was closed. Planning Commission Minutes 5 September 23, 2013 MOTION: Planning Commission recommends that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2013-04 and Specific Development No. 86. 2. Adopt a resolution approving Tentative Tract Map No. 2013-05 (County Map No. 17546) as conditioned. 3. Adopt a resolution aK MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: .proving Site Plan Review No. 2013-04 as conditioned. SECOND: Bacerra Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) None (0) None (0) Alderete (1) 5. ZONING ORDINANCE AMENDMENT NO. 2013-02 The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) relating to planned sign programs to allow provisions for regional commercial centers and attractions. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 13, 2013 RECOMMENDATION: Planning Commission recommends that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013-02 to amend Chapter 41 of the ' Santa Ana Municipal Code relating to planned sign programs. Assistant Planner I Ali Pezeshkpour provided the staff report and recommendation. The public hearing was opened. Gregg Beruin commented that Westfield supports the amendment and thanked staff. The public hearing was closed. MOTION: Planning Commission recommends that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013-02 to amend Chapter 41 of the Santa Ana Municipal Code relating to planned sign programs. MOTION: Bacerra SECOND: Nalle VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) ' 6. PUBLIC COMMENTS (on non-agenda items) None Planning Commission Minutes 6 September 23, 2013 7. STAFF COMMENTS Planning Manager Haluza provided a briefing on the recent Park(ing) Day event held on September 20. Executive Director Trevino expanded on the concept of "parklets" and the need to find creative ways of providing urban space. 8. PLANNING COMMISSION MEMBER COMMENTS Commissioner Yrarrazaval requested an update regarding the Santiago Creek ownership issues and potential bike path. Planning Manager Haluza commented on on-going city evaluations with possible alternatives to be addressed within the Circulation Element. Vice Chairman Mill commented on the inequity of parking rates in the downtown, i.e. there is a charge for daytime parking, but none for evening parking. Vice Chairman Mill suggested that revenues from charging for parking in the evening could be reinvested to pay for improvements in the downtown. 9. EXCUSE OF ABSENCES Commissioner Yrarrazaval moved to excuse the absence of Chairman Alderete. The motion was seconded by Commissioner Nalle and voted unanimously by the Commission with a vote of 6:0. ii ADJOURNMENT 7:48 pm. Martha Ramirez Recording Secretary Planning Commission Minutes 7 September 23, 2013