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Home My WebLink AboutPC AGENDA 2009-12-14CITY OF SANTA ANA PLANNING COMMISSION AGENDA DECEMBER 14, 2009 5:30 P.M. AFTERNOON SESSION PUBLIC HEARING CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CHRISTOPHER LEO Chairman ERIC ALDERETE Vice Chairman MARIO TURNER VACANT WARD 6 VICTORIA BETANCOURT JAMES GARTNER PATRICK YRARRAZAVAL If you need special assistance to participate in this Planning Commission meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. Planning & Building Agency, 20 Civic Center Plaza (M -20) P.O. Box 1988, Santa Ana, CA 92702 (714) 667 -2700 The Planning Commission Agenda can be found at http: /www.ci.santa - ana.org /mayor /boardsdef.htm CODE OF ETHICS AND CONDUCT The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter of City of Santa Ana which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City's Code can be found on the Clerk of the Council's webpage. The following are the core values expressed: Integrity - Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, the public may comment on any agenda item under consideration by the Planning Commission, and on any other matters under the Commission's jurisdiction. To speak, please register by submitting a completed "Request to Speak" form to the Commission Secretary. Speaker forms are available on the speaker's podium and Chamber Lobby. To speak on an item on the Agenda, enter the Agenda item number on your speaker form. The Chairperson will call your name when that Agenda item is considered. To speak on an item not on the A eg nda, check the Public Comments box on your speaker form. The Chairman will call your name during the Public Comments portion of the meeting. When speaking, please state your name and address. Limit your remarks to three (3) minutes. The number of speakers and allotted time may be limited at the discretion of the Chairperson. AGENDA DESCRIPTIONS The Agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Motion is a "recommended action ". The Commission is not limited in any way by the Motion and may take any action which the Commission deems to be appropriate on an Agenda item. Except as otherwise provided by law, no action shall be taken on any item not appearing in the agenda. All supporting documentation for this Agenda is available for public review in the Planning Division during the business hours, 8:00 a.m. — 4:00 p.m., Monday through Friday. The Planning Division is located in City Hall, Ross Annex, Second Floor, 20 Civic Center Plaza, Santa Ana, California, telephone number is (714) 667 -2700. The current agenda and previously approved minutes are available online at: http: / /www.santa- ana.org_ /city meetings and the Planning and Building Agency homepage, http:/ /www.santa- ana.org/pba. Planning Commission Agenda 2 December 14, 2009 PLANNING COMMISSION AGENDA DECEMBER 14, 2009 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CALL TO ORDER 5:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion. Persons wishing to speak regarding a Consent Calendar matter should file a "Request to Speak" form with the Commission Secretary. (See Agenda Description for instructions on Public Testimony.) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of November 9, 2009. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the November 23, 2009 Notice for the Cancellation was posted on the door of -the City Hall Council Chambers at 22 Civic Center Plaza on November 19, 2009 at 8:46 a.m. Pursuant to the Brown Act, the November 9, 2009 Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 6, 2009 at 10:52 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. Planning Commission Agenda 3 December 14, 2009 C. MINOR EXCEPTION NO. 2009 -05 (Lucy Linnaus) A E. Filed by Perry Burch, to allow a retail building to encroach into the side yard setback at 1003 South Bristol Street located in the Bristol Street Corridor Specific Plan (SP1) zoning district. RECOMMENDATION: Confirm the Zoning Administrator's action approving Minor Exception No. 2009 -05 as conditioned. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR Matters listed on the Business Calendar are general proposals for new legislation or items requiring discussion. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) SITE PLAN REVIEW NO. 2009 -03 (Vince Fregoso) Filed by the Nexus Development Corporation, to modify the previously approved elevations for a new Courtyard by Marriott Hotel within the MacArthur Place South development at 6 East MacArthur Place. RECOMMENDATION: Adopt a resolution approving Site Plan Review No. 2009 -03 as conditioned. PROCEDURAL RULES PUBLIC HEARINGS Public hearings provide individuals the opportunity to be heard regarding an intended action of the Planning Commission related to land use. Planning Commission Agenda 4 December 14, 2009 1 2. APPEAL NO. 2009 -06 FOR CONDITIONAL USE PERMIT NO. 2004 -21 (Sergio Klotz) Filed by Justin Reuter /Joey Mendes, applicants for the Proof Bar, are appealing the Zoning Administrator's decision regarding modifications to Conditional Use Permit No. 2004 -21 at 215 North Broadway located within the Central Business - Artists Village (C3 -A) zoning District. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Deny Appeal No. 2009 -06. 2. Adopt a resolution approving modifications to Conditional Use Permit No. 2004 -21 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. 3. Adopt a resolution denying modifications to Conditional Use Permit No. 2004- 21 pertaining to dancing, outdoor patio area and an open rear door. These conditions are to remain in place. MODIFICATIONS TO VARIANCE NO. 2004 -09 (Sergio Klotz) Filed by Justin Reuter /Joey Mendes, applicants for the Proof Bar, to allow modifications to Variance No. 2004 -09 at 215 North Broadway located in the Central Business - Artists Village (C3 -A) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Adopt a resolution approving modifications to Variance No. 2004 -09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11 :00 a.m. to 2:00 a.m. as conditioned. 2. Adopt a resolution denying modifications to Variance No. 2004 -09 pertaining to dancing, outdoor patio area and an open rear door. These conditions are to remain in place. Planning Commission Agenda 5 December 14, 2009 4. 5. 6. 7. 8. MODIFICATION TO CONDITIONAL USE PERMIT NO. 2006 -21 AND VARIANCE NO. 2009 -04 (Larry Yenglin) Filed by Sequoia Deployment Services for a modification to Conditional Use Permit No. 2006 -21 and Variance No. 2009 -04, to allow an increase in height for a second carrier on an existing 60 foot high facility 2649 -3/4 West First Street located in the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Adopt a resolution approving modifications to Conditional Use Permit No. 2006 -21 as conditioned. 2. Adopt a resolution approving Variance No. 2009 -04 as conditioned. Public Comments (for items not on the agenda) STAFF AND COMMISSION COMMENTS At this time, staff and Commission may comment on non - agenda matters. NO action may be taken on off - agenda scheduled items unless authorized by law. Staff Comments Planning Commission Comments Excuse of Absences Adjournment Planning Commission Agenda 6 December 14, 2009