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Home My WebLink AboutPC AGENDA 2008-10-13 CITY OF SANTA ANA PLANNING COMMISSION AGENDA October 13, 2008 5:30 P.M. AFTERNOON SESSION AND PUBLIC HEARING CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CHRISTOPHER LEO Chairman ERIC ALDERETE Vice Chairman VICTORIA BETANCOURT HARVEY DE LA TORRE JAMES GARTNER SEAN H. MILL PATRICK YRARRAZAVAL ________________________________________________________________ _________ If you need special assistance to participate in this Planning Commission meeting, please contact 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 Planning Commission Agenda 2 October 13, 2008 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 Agenda, 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 3 October 13, 2008 PLANNING COMMISSION AGENDA OCTOBER 13, 2008 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 September 22, 2008. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the September 22, 2008 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on September 18, 2008 at 2:04 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. MINOR EXCEPTION NO. 2008-04 (Matt Foulkes) Filed by Peter Blied for Red Mountain Realty, to request a variance to allow wall signage exceeding the allowable height requirements at 1945 East Seventeenth Street located in the Arterial Commercial (C-5) zoning district. RECOMMENDATION: Confirm the Zoning Administrator’s action approving Minor Exception No. 2008-04 as conditioned. Planning Commission Agenda 4 October 13, 2008 D. CONDITIONAL USE PERMIT NO. 2008-03 (Matt Foulkes) Filed by Mukesh Kumar to allow a Type 41 Alcohol Beverage Control license for on- premise sale of beer and wine at the Indian Tandoori Restaurant at 3940 South Bristol Street, Unit 110 located in the Commercial Residential (CR) zoning district. RECOMMENDATION: Confirm the Zoning Administrator’s action approving Conditional Use Permit No. 2008-03 as conditioned. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR Matters listed on the Business Calendar are general proposals for new legislation or items requiring discussion. E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) F. ELECTION OF OFFICER FOR COMMISSION (Continued by the Planning Commission: July 14, 2008 to July 28, 2008; July 28, 2008 to August 11, 2008; August 11, 2008 to August 25, 2008, August 25, 2008 to September 8, 2008, September 8, 2008 to October 13, 2008) Appoint a Planning Commission Representative to the Historic Resources Commission for 2008 – 2009. 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. 1. GENERAL PLAN AMENDMENT NO. 2004-03 (Hally Soboleske) (Continued by the Planning Commission: July 28, 2008 to August 25, 2008, August 25, 2008 to September 22, 2008, September 22, 2008 to October 13, 2008) Filed by the City of Santa Ana to update the City of Santa Ana’s Airport Environs Element of the General Plan, and to update the City’s Land Use and Noise Elements to ensure consistency between General Plan Elements. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 18, 2008 RECOMMENDATION: Recommend that the City Council: Planning Commission Agenda 5 October 13, 2008 1. Approve and adopt the Negative Declaration, Environmental Review No. 2004-136. 2. Adopt a resolution approving General Plan Amendment No. 2004-03. 2. VARIANCE NO. 2008-15 (Lucy Linnaus) (Continued by Planning Commission: September 8, 2008 to October 13, 2008) Filed by Jim Bostic, on behalf of Latino Health Access, to reduce on-site parking and allow a private recreation facility at 602 East Fourth Street in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: August 29, 2008 PUBLICLY NOTICED: August 29, 2008 RECOMMENDATION: Adopt a resolution approving Variance No. 2008-15 as conditioned. 3. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-02 (Marvin Ellenbecker) Filed by Jackie Le for Royal Street Communications California, LLC to co-locate on an existing wireless facility camouflaged as a pine tree at 2200¾ East McFadden Avenue in the Light Industrial (M-1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 3, 2008 PUBLICLY NOTICED: October 3, 2008 RECOMMENDATION: Adopt a resolution approving amendment to Conditional Use Permit No. 2006-02 as conditioned. 4. APPEAL NO. 2008-02 FOR CONDITIONAL USE PERMIT NO. 2008-33 (Matt Foulkes) Filed by Robert Zakar, to allow a Type 21 Alcohol Beverage Control license for off- premise sale of beer, wine and distilled spirits at K&S Food Store at 2626 North Bristol Street, Suite B located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 3, 2008 PUBLICLY NOTICED: October 3, 2008 RECOMMENDATION: 1. Deny Appeal No. 2008-02. 2. Adopt a resolution denying Conditional Use Permit No. 2008-33 Planning Commission Agenda 6 October 13, 2008 5. VARIANCE NO. 2008-18 AND VARIANCE NO. 2008-19 (Vince Fregoso) Filed by The Fiedler Group, to allow variances from the landscaped setbacks and height requirements for a new service station at 3414 South Main Street located in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 3, 2008 PUBLICLY NOTICED: October 3, 2008 RECOMMENDATION: 1. Adopt a resolution approving Variance No. 2008-18 as conditioned to allow a reduction in landscaped setbacks. 2. Adopt a resolution approving Variance No. 2008-19 as conditioned to allow a building that exceeds the height standards. 6. 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. 7. Staff Comments 8. Planning Commission Comments 9. Excuse of Absences 10. Adjournment