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Home My WebLink About10/12/2009MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA October 12, 2009 CALLED TO ORDER: 5:33 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA COMMISSIONERS PRESENT: Eric Alderete, Vice Chairman Victoria Betancourt James Gartner Christopher Leo, Chairman Mario Turner COMMISSIONERS ABSENT: Patrick Yrarrazaval STAFF PRESENT: Karen Haluza, Planning Manager Ben Kaufman, Chief Assistant City Attorney Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN LEO A. OATH OF OFFICE Oath of Office was administered for re-appointments to Chairman Leo and Vice Chairman Alderete by Clerk of the Council Maria Huizar. CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Alderete SECOND: Turner VOTES: AYES: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) B. MINUTES MOTION: Approve the minutes of the regular meeting of September 28, 2009. C. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the September 28, 2009 Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on September 25, 2009 at 8:06 a.m. MOTION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR Planning Commission Minutes 1 October 12, 2009 BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. PROCEDURAL RULES PUBLIC HEARINGS 1. VARIANCE NOS. 2009-03, 2009-05, 2009-06, 2009-07, 2009-09 AND CONDITIONAL USE PERMIT N0.2009-15 Filed by Maria Guerrero to request variances from the Santa Ana Municipal Code for check cashing separation requirements, building setbacks, minimum lot size, landscaping requirements, parking and a conditional use permit to allow a check cashing facility at 1647 East First Street, Suite A, located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 2, 2009 PUBLICLY NOTICED: October 2, 2009 RECOMMENDATION: Planning Commission direction. Assistant Planner Matt Foulkes presented the staff report and recommendation. No written communications were received. The public hearing was opened. Public speaking in opposition: Eleana Delgado and Jose Paucar, both with Cash Multiservices The Commission asked that staff provide them with a list of all of the uses to which a separation requirements pertains pursuant to SAMC 41-190 -Regulated Uses or other uses that may also contain a similar separation requirement. The public hearing was closed. MOTION: 1. Adopt a resolution denying Variance No. 2009-03 for 1,000 feet separation. 2. Adopt a resolution denying Variance No. 2009-05 for building setbacks. 3. Adopt a resolution denying Variance No. 2009-06 for lot size. 4. Adopt a resolution denying Variance no. 2009-07 for landscaping. 5. Adopt a resolution denying Variance No. 2009-09 for parking. 6. Adopt a resolution denying Conditional Use Permit No. 2009-15. MOTION: Betancourt VOTES: .AYES: NOES: ABSTAIN: ABSENT: SECOND: Leo Alderete, Betancourt, Gartner, Leo, Turner (5) None (0) None (0) Yrarrazaval (1) 2. APPEAL NO. 2009-02 FOR TENTATIVE PARCEL MAP NO. 2009-01 Filed by Peter Pham, appealing the Zoning Administrator's action regarding request to subdivide a residential property into two separate parcels at 1013 South Elliott Place located in the Single Family Residential (R1) zoning district. Planning Commission Minutes 2 October 12, 2009 PUBLISHED IN THE ORANGE COUNTY REPORTER: October 2, 2009 PUBLICLY NOTICED: October 2, 2009 RECOMMENDATION: 1. Deny Appeal No. 2009-02. 2. Adopt a resolution denying Tentative Parcel Map No. 2009-01. Assistant Planner Matt Foulkes presented the staff report and recommendation. No written communications were received. The public hearing was opened. Applicant representative Ramin Talleh spoke in support of the project. Public speaking in opposition: residents Kathy Larsen, Nancy Martin, Vivian Stowers, Debra Zuver and Dave Lopez. The public hearing was closed. MOTION: 1. Deny Appeal No. 2009-02 2. Adopt a resolution denying Tentative Parcel Map No. 2009-01. MOTION: Alderete VOTES: AYES: NOES: ABSTAIN: ABSENT: 3. CONDITIONAL SECOND: Betancourt Alderete, Betancourt, Gartner, Leo, Turner (5) None (0) None (0) Yrarrazaval (1) USE PERMIT NO. 2009-18 Filed by Arturo Saucedo to allow indoor sports facility at 1501 East McFadden Avenue located in the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 2, 2009 PUBLICLY NOTICED: October 2, 2009 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No 2009-18 as conditioned. Assistant Planner Matt Foulkes presented the staff report and recommendation. No written communications were received. The public hearing was opened. Public speaking in support of project: Kristin Emershaw (MDC Las Palmas LLC), Rosalinda Lua (Moreno Valley Youth Soccer League), Zeke Hernandez (League of United Latin American Citizens, LULAC Council #147) and Glen Stroud (COFU). The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2009-18 as conditioned. Planning Commission Minutes 3 October 12, 2009 MOTION: Alderete SECOND: Gartner VOTES: AYES: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) 1 4. AMENDMENT APPLICATION NO. 2009-02, CONDITIONAL USE PERMIT NO. 2009-20 AND VARIANCE NO. 2009-08 Filed by Global Empire LLC, to allow a mixed use office and three-unit residential project with surface parking lot located at 1331 West First Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 2, 2009 PUBLICLY NOTICED: October 2, 2009 POSTED ON SITE: October 2, 2009 RECOMMENDATION: Recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009-02. 2. Adopt a resolution approving Conditional Use Permit No. 2009-20 as conditioned. 3. Adopt a resolution approving Variance No. 2009-08 as conditioned. Senior Planner Verny Carvajal presented the staff report and recommendation. No written communications were received. The public hearing was opened. 1 Applicant Daniel Gyurec spoke in support of the project. The public hearing was closed. MOTION: Recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009-02. 2. Adopt a resolution approving Conditional Use Permit No. 2009-20 as conditioned. 3. Adopt a resolution approving Variance No. 2009-08 as conditioned. MOTION: Gartner SECOND: Betancourt VOTES: AYES: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) 5. Public Comments (for items not on the agenda) No public members spoke. 1 Planning Commission Minutes 4 October 12, 2009 STAFF AND COMMISSION COMMENTS 6. Staff Comments No comments were made. ~] 7. Planning Commission Comments There were no comments requiring follow-up action. 8. Excuse of Absences Commissioner Betancourt moved to excuse the absence of Commissioner Yrarrazaval. The motion was seconded by Commissioner Alderete and approved by the Commission with a vote of 5:0. 9. Adjournment 7:03 p.m. Martha Ramirez Recording Secretary 1 1 Planning Commission Minutes 5 October 12, 2009