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Home My WebLink AboutPC MINUTES 01/13/2014MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 13, 2014 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:31 P.M. ATTENDANCE: COMMISSIONERS PRESENT: PHIL BACERRA BRUCE BAUER JAMES GARTNER SEAN H. MILL, Vice Chairman ALEXANDER NALLE PATRICK YRARRAZAVAL COMMISSIONERS ABSENT: ERIC ALDERETE, Chairman STAFF Present: VINCE FREGOSO, Principal Planner RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY VICE CHAIRMAN MILL CONSENT CALENDAR MOTION: Approve the Minutes of December 9, 2013. MOTION: Yrarrazaval SECOND: Nalle VOTE: AYES: Bacerra, Bauer, 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 December 9, 2013. * * * END OF CONSENT CALENDAR * * * BUSINESS SESSION B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Bacerra disclosed that he spoke with the applicants for public hearing Items 1 (Conditional Use Permit Nos. 2013 -47 and 2013 -48) and Item 3 (Conditional Use Permit Nos. 2013 -50 and 2013 -51). Vice Chairman Mill disclosed that he met with the applicant for public hearing Item 1 (Conditional Use Permit Nos. 2013 -47 and 2013 -48). Planning Commission Minutes 1 January 13, 2014 WORK STUDY SESSION C. DISCUSSION OF HARBOR CORRIDOR SPECIFIC PLAN Principal Planner Sergio Klotz introduced Colin Drukker, Associate Principal with The Planning Center, who provided a handout to the Commission and highlighted the latest draft to the Harbor Corridor Plan. Mr. Drukker reviewed the background to the plan with emphasis on the City goals, the Housing Element, enhanced transportation improvements, retail analysis and community input. Comments received included safety, a broader range of shops and businesses, walkable streets, health and wellness and a need for a sense of place. He also outlined the draft land use plan and development standards. He indicated the next steps would be to release the draft Harbor Corridor Plan and environmental impact report and receive public comments. Commission expressed support of the plan. PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2013 -47 AND CONDITIONAL USE PERMIT NO. 2013 -48 Gabriel Ruiz, representing Greentree Investments, Inc., is requesting approval of a conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at a new restaurant called the "Wurst Haus ". Additionally, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant food service to operate until 4:00 a.m. at 305 East Fourth Street, Unit 106 located in the Transit Zone - Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 3, 2014 PUBLICLY NOTICED: January 2, 2014 RECOMMENDATION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow for after -hours operation. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -48 as conditioned to allow a Type 41 Alcoholic Beverage Control (ABC) license. Associate Planner Hally Soboleske presented the staff report and recommendation. Planning staff proposed a condition of approval to require 4:00 a.m. closing of restaurant. The public hearing was opened. Dave Hoen spoke in support of the project. Applicants George Mendoza and Gabriel Ruiz stated the hours of operation would be from 11:00 a.m. to 4:00 a.m. Commissioner Yrarrazaval recommended that hours of operation be stipulated in conditions of approval. The public hearing was closed. Planning Commission Minutes 2 January 13, 2014 MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow extended hours of operation. Planning Commission added Condition No. 6 to limit the hours of operation from 11:00 a.m. to 4:00 a.m. and stipulating no alcohol sales after 2:00 a.m. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -48 as conditioned for a Type 41 ABC license. Planning Commission modified Condition No. 25 to delete the last sentence which prohibited off - premise sales and removed "but must be sold in pre - packaged multi -unit quantities" from Condition No. 25. MOTION: Bacerra SECOND: Yrarrazaval VOTE: AYES: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete(1) 2. CONDITIONAL USE PERMIT NO. 2013 -46 Filed by Brett Engstrom representing Housing Foods America Corporation, isrequesting approval ofa conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on premise sale and consumption of beer and wine at the Curry House restaurant at 131 East Memory Lane located in the Specific Development No. 59 (SD -59) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 3, 2014 PUBLICLY NOTICED: January 2, 2014 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2013 -46 as conditioned. Associate Planner Melanie McCann presented the staff report and recommendation. Commissioner Yrarrazaval recommended inclusion of a condition of approval regarding the prohibition of off - premise sale of alcohol. Commissioner Bacerra agreed for consistency with other ABC license applications. The public hearing was opened. Applicant representative, Brett Engstrom, was available to address any questions. No public members spoke. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2013 -46 as conditioned. Planning Commission added Condition No. 26 to state "sale of alcoholic beverages for consumption off the premises is strictly prohibited ". MOTION: Nalle SECOND: Yrarrazaval VOTE: AYES: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) Planning Commission Minutes 3 January 13, 2014 3. CONDITIONAL USE PERMIT NO. 2013 -50 AND CONDITIONAL USE PERMIT NO. 2013 -51 Filed by Joe Castro representing JL Castro Enterprises, LLC, is requesting approval of conditional use permits for a Type 41 Alcoholic Beverage Control (ABC) license for the on premise sale and consumption of beer and wine and to allow extended hours of operation at the Barrel Room restaurant at 324 West Fourth Street, Unit A, located in the Transit Zone - Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: January 3, 2014 PUBLICLY NOTICED: January 2, 2014 RECOMMENDATION 1. Adopt a resolution approving Conditional Use Permit No. 2013 -50 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -51 as conditioned. Senior Planner Verny Carvajal presented the staff report and recommendation. The public hearing was open. Dave Hoen spoke in support of the project. Representing the applicant, Michael Cho, attorney with Palmieri, Tyler, Wiener, Wilheim & Waldron stated this is the first wine bar in the City, discussed the restaurants hours of operation and closure time of 2:00 a.m. Mr. Cho requested clarification on Condition No. 11 with regards to exterior advertising of alcohol and noted that the business name and logo included the word "cafe ", wine - tasting, wine and incorporated a logo of a wine glass. Assistant Attorney Hodge stated that any window signage must comply with SMAC Chapter 41 and cannot be waived. Mr. Cho referred to the 25% maximum logo restriction and indicated that the wine glass logo is approximately three feet in design. Applicant requested to waive Condition No. 25 — 'The sale of alcoholic beverages for consumption off the premises is strictly prohibited ". The public hearing was closed. Commission discussion ensued regarding the neighborhood awareness understanding the distinction between a restaurant and a liquor store with regard to the off - premise sale of alcohol in less than 16 oz. containers. Vice Chairman Mill re- opened the public hearing. Mr. Cho requested eliminating "drop- safe" requirement from Condition No. 21. Mr. Carvajal indicated that is already an option within the condition. The public hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -50 as conditioned. The Planning Commission modified Condition No. 11 to allow applicant to use "wine glass logo' as window advertisement within the parameters of the SAMC. 2. Planning Commission modified Condition No. 21 to require a standard safe for the establishment. 3. Planning Commission modified Condition No. 25 to allow the sale of alcoholic beverages for consumption off the premises. 4. Planning Commission modified Condition No. 26 to remove "but must be sold in pre - package multi -unit quantities" from the condition of approval. Planning Commission Minutes 4 January 13, 2014 5. Adopt a resolution approving Conditional Use Permit No. 2013 -51 as conditioned. 6. Planning Commission added Condition No. 6 to stipulate hours of operation from 8:00 a.m. to 2:00 a.m. for sales and service and consumption of alcohol. MOTION: Yrarrazaval SECOND: Bacerra VOTE: AYES: Bacerra, Bauer, Gartner, NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete(1) 4. PUBLIC COMMENTS None 5. STAFF COMMENTS None Mill, Nalle, Yrarrazaval (6) 6. PLANNING COMMISSION MEMBER COMMENTS Commissioner Bacerra commented on the ability of the Planning Commission to receive an on -going list of items requiring discretionary permits before the Planning Commission that included the date the application is deemed complete and specifies which discretionary permit is being sought and to be included in the Planning Commission packets as well as posted on -line to be available to the public. Principal Planner Fregoso will follow up and report to the Commission. Commissioners welcomed Bruce Bauer to the Planning Commission. Commissioner Yrarrazaval inquired as to the status of filling the vacancy of the Executive Director position. Principal Planner Fregoso provided information. Commissioner Bauer thanked the commissioners. EXCUSE OF ABSENCES Commissioner Nalle motioned to excuse the absence of Chairman Alderete. Motion was seconded by Commissioner Yrarrazaval. The motion was unanimously approved by the Commission with a vote of 6:0. ADJOURNMENT 7:11 PM MARTHA RAMIREZ RECORDING SECRETARY Planning Commission Minutes 5 January 13, 2014