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Home My WebLink About04/28/2008MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APRIL 28, 2008 CALLED TO ORDER: 5:39 P.M. CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIR LEO COMMISSIONERS PRESENT: Victoria Betancourt Harvey De La Torre, Vice Chair James Gartner Christopher Leo, Chairman Sean H. Mill Mike Munoz COMMISSIONERS ABSENT: Eric Alderete STAFF PRESENT: Jay Trevino, Ex. Dir. Planning & Building Agency Karen Haluza, Planning Manager Ben Kaufman, Chief Assistant City Attorney Martha Ramirez, Recording Secretary ITEM TAKEN OUT OF ORDER BUSINESS CALENDAR F. PUBLIC FACILITIES NAMING NO. 2008-05 Filed by City of Santa Ana, Parks, Recreation and Community Services Agency, to request playground at Windsor Park to be named Lamere Playground located in the Open Space Land (O) zoning district for the property at 1915 West La Verne Avenue. RECOMMENDATION Approve Public Facilities Naming No. 2008-05 renaming Windsor Park Playground to Tom Lamere Playground. Landscape Development Associate Marvin Ellenbecker presented the staff report and recommendation. Residents Earl Schmidt, Pat McQuigan, and Steve McQuigan commended Tom Lamere's extensive community efforts and collaboration with the Parks, Recreation and Community Services Agency. MOTION: Approve Public Facilities Naming No. 2008-05 renaming Windsor Park Playground to Tom Lamere Playground. MOTION: Betancourt SECOND: Mill VOTE: AYES: Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) Planning Commission Minutes 1 April 28, 2008 WORK STUDY SESSION A. DISCUSSION RELATED TO CODE OF ETHICS AND CONDUCT -BOARDS AND COMMISSIONS Mayor Pro Tem Claudia Alvarez facilitated a discussion regarding the development of a value based code for the City of Santa Ana. The Planning Commission was encouraged to provide input on the Ad Hoc Committee's chart on "Ethics Code Menu Values." CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. MOTION: Mill SECOND: Munoz VOTE: AYES: Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) B. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of April 14, 2008. C. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the April 14, 2008 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on April 10, 2008 at 4:07 p.m. Pursuant to the Brown Act, the April 24, 2008 Agenda for the Joint Special Meeting Planning Commission and Historic Resources Commission was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on April 21, 2008 at 8:18 a.m. Pursuant to the Brown Act, the April 24, 2008 Cancellation Notice for the Joint Special Meeting Planning Commission and Historic Resources Commission was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on April 23, 2008 at 4:18 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. D. CONDITIONAL USE PERMIT NO. 2008-06 Filed by Jennifer Wilson, to allow a Type 47 (on-sale general) ABC license at the Alto Italia Restaurant in the Specific Development No. 76 (SD-76) zoning district for the property located at 2 Hutton Centre Drive, Suite 203. RECOMMENDATION: Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2008-06 as conditioned. * * * END OF CONSENT CALENDAR Planning Commission Minutes 2 April 28, 2008 BUSINESS CALENDAR E. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. C G. FISCAL YEAR 2008-2009 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION: Receive and file the draft Fiscal Year 2008-2009 Capital Improvement Program. Deputy City Engineer Souri Amirani provided a discussion on the Draft Capital Improvement Plan. MOTION: Receive and file the Draft Fiscal Year 2008-2009 Capital Improvement Program. MOTION: De La Torre SECOND: Betancourt VOTE: AYES: Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) PROCEDURAL RULES PUBLIC HEARINGS 1. AMENDMENT APPLICATION NO. 2008-06, CONDITIONAL USE PERMIT NO. 2008-05. VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO. 2008-02 (Continued by Planning Commission: March 24, 2008 to Apri128, 2008) Filed by Templo Calvario, to change the zoning of the site from Light Industrial (M1) to a Specific Development (SD) designation to allow a new church worship center with a conditional use permit and a variance for a reduction in parking for the Templo Calvario Church located at 2501 West Fifth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 14, 2008 PUBLICLY NOTICED: March 14, 2008 RECOMMENDATION: Continue to a date uncertain. 1 MOTION: Continue to a MOTION: Mill VOTE: AYES: NOES: ABSTAIN: ABSENT: date uncertain. SECOND: De La Torre Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) None (0) None (0) Alderete (1) 2. CONDITIONAL USE PERMIT NO. 2008-04 Filed by Trussnet USA, to allow a check cashing facility within an existing retail shopping center at 3316 South Bristol Street located in the Planned Shopping Center (C4) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 18, 2008 PUBLICLY NOTICED: April 18, 2008 Planning Commission Minutes 3 April 28, 2008 RECOMMENDATION: Continue to May 12, 2008. MOTION: Continue to May 12, 2008. MOTION: Mill SECOND: Gartner VOTE: AYES: Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 3. ZONING ORDINANCE AMENDMENT NO. 2008-01 AND ORDINANCE AMENDMENT NO. 2008-02 Filed by the City of Santa Ana to amend Chapters 22 and 41 of the Santa Ana Municipal Code to establish operational and development standards for massage establishments and massage technicians. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 18, 2008 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2008-98. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008- 01. 3. Adopt an ordinance approving Ordinance Amendment No. 2008-02. Assistant Planner Matt Foulkes presented the staff report and recommendation. The Commission was provided with the following written communications: Letter dated April 24, 2008 from President Les Sweeney of Associated Bodywork & Massage Professionals (ABMP) and two emails dated April 24 and April 28, 2008 from Mark Dixon, First Vice President, AMTA-CA Chapter, and a letter dated April 24, 2008 from clinic owner, Carol Warren -Massage Envy, Regional Developer, Orange County and the Massage & Bodywork Licensing Examination Candidate Handbook March 2008 from the Federation of State Massage Therapy Boards. The public hearing was opened. Dr. Andrew N. Burpee, Robert B. Meriott, Terry Shannon, Carol Warren, Mark W. Dixon and Dr. Thomas Hewko, all representing various aspects of the massage industry, expressed concerns with the proposed ordinance, and requested that it be further refined to better address the actual business practices and staffing constraints of massage providers. Planning Manager Haluza commented that the existing moratorium on the establishment of massage parlors was scheduled to go before the City Council on May 5, 2008..If adopted the moratorium on the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permits, would be extended for a period of 12 months or until a permanent ordinance is adopted and effective. The public hearing was closed. MOTION: Continue to June 23, 2008. Planning Commission Minutes 4 April 28, 2008 MOTION: Leo VOTE: AYES: NOES: ABSTAIN: ABSENT: 4. Public Comment` SECOND: De La Torre Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (6) None (0) None (0) Alderete (1) (for items not on the agenda) Mohammed Querashi, business owner of Calco International located at 711 North Fairview, commented on the Fairview median placed by the Public Works Agency that obstructs the business trucks access. STAFF AND COMMISSION COMMENTS 5. Staff Comments No comments were made. 6. Planning Commission Comments Commissioner Gartner • Inquired about potential tenants for the former Ralph's Market at 17tH ana Bristol. Mr. Trevino provided information. Commissioner Munoz • Requested an update on the renovation efforts at the Bristol and Sunflower Street complex. Ms. Haluza provided information. Commissioner Leo • Encouraged Commission to discuss values for city council ethnic code and provide input. 7. Excuse of Absences Commissioner Mill made a motion to excuse the absence of Commissioner Alderete. The motion was seconded by Commissioner Munoz and unanimously approved by the Planning Commission. 8. Adjournment 8:38 p.m. Marth Ramirez Recording Secretary 1 Planning Commission Minutes 5 April 28, 2008