HomeMy WebLinkAbout10/13/2008MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA
OCTOBER 13, 2008
CALLED TO ORDER: 5:38 P.M.
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
COMMISSIONERS PRESENT:
Eric Alderete, Vice Chair
Victoria Betancourt (arrived 5:41 p.m.)
Harvey De La Torre
Christopher Leo, Chairman
Sean H. Mill
COMMISSIONERS ABSENT:
James Gartner
Patrick Yrarrazaval
STAFF PRESENT:
Karen Haluza, Planning Manager
Ben Kaufman, Chief Assistant City Attorney
Martha Ramirez, Recording Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG: CHAIRMAN LEO
CONSENT CALENDAR
MOTION: Approve staff
MOTION: Alderete
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
A. MINUTES
f recommendations on the following Consent Calendar
SECOND: Mill
Alderete, De La Torre, Leo, Mill (4)
None (0)
None (0)
Betancourt, Gartner, Yrarrazaval (3)
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
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.
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RECOMMENDATION:
Confirm the Zoning Administrator's action approving Minor Exception No. 2008-
04 as conditioned.
D. CONDITIONAL USE PERMIT NO. 2008-03
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
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E. COMMISSIONER COMMUNICATION DISCLOSURE REGARDING AGENDIZED
PROJECTS)
Chair Leo announced that he would abstain from voting on Item 2 due to his
employment with St. Joseph's Health Systems, a major contributor to the project.
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.
MOTION: Continue to October 27, 2008.
MOTION: Mill
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PROCEDURAL RULES
SECOND: De La Torre
Alderete, De La Torre, Leo, Mill (4)
None (0)
None (0)
Betancourt, Gartner, Yrarrazaval (3)
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT NO. 2004-03
(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:
1. Approve and adopt the Negative Declaration, Environmental Review No.
2004-136.
2. Adopt a resolution approving General Plan Amendment No. 2004-03.
Planning Commission Minutes 2 October 13, 2008
Associate Planner Hally Soboleske presented the staff report and
recommendation.
No written communications were received.
The public hearing was opened. No public members spoke. The public hearing
was closed.
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MOTION: Recommend that the City Council:
1. Approve and adopt the Negative Declaration, Environmental Review
No. 2004-136.
2. Adopt a resolution approving General Plan Amendment No. 2004-03.
MOTION: Mill SECOND: Betancourt
VOTE: AYES: Alderete, Betancourt, De La Torre, Leo, Mill (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Gartner, Yrarrazaval (2)
2. VARIANCE NO. 2008-15
(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.
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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.
Senior Planner Lucy Linnaus presented the staff report and recommendation.
Chairman Leo abstained from voting and left the public hearing. Vice Chairman
Alderete presided over the public hearing.
Chief Assistant City Attorney Kaufman stated the lease is for 40 years, consisting
of a 20-year initial term with two 10-year options exercisable by Latino Health
Access.
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The public hearing was opened.
Ana Carricchi, Director of Latino Health Access, Architect Damon Barda and
Julie Needham spoke in support of the project.
Public speaking in support of the project: Maria Soledad Vences, Sergio
Hernandez, Rosalia Pinon, Maria Castarieda and Irene Castarieda.
Dennis Mitosinka voiced concerns with parking on Fourth Street/French Street,
traffic impacts from the apartment complex and potential gang activity.
Applicant Jim Bostic spoke in support of the project.
The public hearing was closed.
MOTION: Adopt a resolution approving Variance No. 2008-15 as conditioned.
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October 13, 2008
MOTION: Mill SECOND: De La Torre
VOTE: AYES: Alderete, Betancourt, De La Torre, Mill (4)
NOES: None (0)
ABSTAIN: Leo (1)
ABSENT: Gartner, Yrarrazaval (2)
3. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-02
Filed by Jackie Le for Royal Street Communications California, LLC to co-locate
on an existing wireless facility camouflaged as a monopine tree at 22003/ 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.
Chairman Leo resumed the public hearing.
Landscape Development Associate Marvin Ellenbecker presented the staff report
and recommendation.
No written communications were received.
The public hearing was opened. No public members spoke. The public hearing
was closed.
L.J
MOTION: Adopt a resolution approving amendment to Conditional Use
Permit No. 2006-02 as conditioned.
MOTION: Betancourt
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Alderete
Alderete, Betancourt, De La Torre, Leo, Mill (5)
None (0)
None (0)
Gartner, Yrarrazaval (2)
4. APPEAL NO. 2008-02 FOR CONDITIONAL USE PERMIT NO.2008-33
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:
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1. Deny Appeal No. 2008-02.
2. Adopt a resolution denying Conditional Use Permit No. 2008-33
Assistant Planner Matt Foulkes presented the staff report and recommendation.
Written communications provided by the applicant: Exhibits A - California
Department of Alcoholic Beverage Control License Query System Summary
dated 9/20/08 for K&S Liquor, B -County of Orange (Off-sale Licenses) and
Census Tract dated 9/23/08, C -petition dated 9/23/08, D - 23958 AB&P
Application Work Sheet, E -License Query System Summary dated 9/23/08 for
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October 13, 2008
La Rioja Ranch Market, dated 3/20/08, F -California ABC for the County of
Orange and Census dated 3/20/08, G -License Query System Summary dated
9/23/08 for Adolfo's Liquor, H -License Query System Summary dated 9/23/08
for Rite Aid 6460, I -License Query System Summary dated 9/23/08 for Bristol
ARCO and J -Tutor Time Child Care center.
Public speaking in support of the project: John Carillo, Jaime Montellano and
Jess Rivas.
Applicant Robert Zakar, K&S Market owner, Waeem Zakery, and former owner,
Elias Kawaja spoke in support of upgrading to a Type 21 ABC license.
The public hearing was closed.
MOTION:
1. Deny Appeal No. 2008-02.
2. Adopt a resolution denying Conditional Use Permit No. 2008-33
MOTION: Mill SECOND: De La Torre
MOTION WITHDRAWN BY ITS MAKER
The Commission discussed the concept of allowing the upgrade to the Type 21
alcohol license in order to ensure that neighborhood-serving markets, as
exemplified by the "bodega" or neighborhood convenience store common in
densely populated urban areas, remain competitive with larger chain-style
supermarkets and drug stores and thereby offer nearby residents an alternative
to driving for daily groceries and other necessities.
Other Commission members expressed concern that varying from the City's
existing over-concentration standard, which has been applied equally to large
chain-style retailers and smaller independently-owned stores alike, would not
provide a benefit to the community. They noted that Santa Ana has had a long
history with trying to control the over-concentration of liquor stores and that the
city's laws, in place now for over 10 years, have substantially aided in the
reduction of crime. They expressed their belief that approving a variance from
the over-concentration standard would result in an increase of applications from
other stores wishing to also sell distilled spirits in addition to their existing beer
and wine licenses. While these Commissioners also expressed support for
neighborhood-serving convenience stores, they did not see the addition of the
sale of distilled spirits as necessary to the public's convenience and were not
supportive of the Type 21 upgrade. They also expressed a desire to remain
consistent in their decision-making for this small area.
SUBSTITUTE MOTION: Grant Appeal No. 2008-02 and remand the matter to the
Zoning Administrator with directions to issue all necessary entitlements with
appropriate conditions.
MOTION: Betancourt SECOND: Mill
VOTE: AYES: Betancourt, Mill (2)
NOES: Alderete, De La Torre, Leo (3)
ABSTAIN: None (0)
ABSENT: Gartner, Yrarrazaval (2)
MOTION FAILED.
Planning Commission Minutes 5 October 13, 2008
FINAL MOTION:
1. Deny Appeal No. 2008-02.
2. Adopt a Resolution Denying Conditional Use Permit No. 2008-33.
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MOTION: Leo SECOND: Alderete
VOTE: AYES: Alderete, De La Torre, Leo (3)
NOES: Betancourt, Mill (2)
ABSTAIN: None (0)
ABSENT: Gartner, Yrarrazaval (2)
5. VARIANCE NO. 2008-18 AND VARIANCE NO. 2008-19
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.
Principal Planner Vince Fregoso presented the staff report and recommendation.
The applicant's proposal includes a new retail building that will be 19 feet, six
inches in height.
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No written communications were received.
The public hearing was opened.
Garry O'Hern, representing the Champion Group, Manager of the California
Apartments, voiced concerns with visual impacts from the service station as
illustrated on the displays that were provided and recommended a landscape
buffer for the rear of the new building.
Fiedler Group representative Ken Barton explained that the height variance is
necessary to screen the mechanical equipment on top of the building and will
lessen the visual impacts of the new building. He also noted that the landscaping
will be enhanced with 36-inch box trees. He indicated that they cannot add
landscape in the rear due to the narrow space between the new building and the
adjacent block wall and that the building cannot be relocated due to fuel truck
movements and vehicle stacking restrictions.
The public hearing was closed
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MOTION:
1. Adopt a resolution approving Variance No.
reduction in landscaped setbacks.
2. Adopt a resolution approving Variance No.
building that exceeds the height standards.
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2008-18 as conditioned to allow a
2008-19 as conditioned to allow a
. Staff, the applicant, and the property owner for the adjacent apartment
complex shall meet to attempt to find a landscape solution for screening the
north and west sides of the new building.
Planning Commission Minutes 6 October 13, 2008
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MOTION: Leo
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
6. Public Comments
No public members spoke.
7. Staff Comments
No comments were made.
8. Planning Commission Comments
Commissioner De La Torre
• Announced that his impending move just outside of Santa Ana
necessitated his resignation as Planning Commissioner at the end of the
month. He expressed his appreciation to the other Commissioners.
Commissioner Betancourt
• Thanked Commissioner De La Torre.
Vice Chair Alderete
• Thanked Commissioner De La Torre.
• Praised Public Works for completion of the Flower Street Bridge.
Commissioner Mill
• Thanked Commissioner De La Torre.
• Announced he would be absent for the October 27 meeting.
Chair Leo
• Thanked Commissioner De La Torre.
9. Excuse of Absences
Commissioner Betancourt made a motion to excuse the absences of
Commissioners Gartner and Yrarrazaval. The motion was seconded by
Commissioner Mill and unanimously voted (5:2) to approve.
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10. Adjournment 8:15 p.m.
--,
Martha Ramirez
Recording Secretary
SECOND: Betancourt
Alderete, Betancourt, De La Torre, Leo, Mill (5)
None (0)
None (0)
Gartner, Yrarrazaval (2)
(for items not on the agenda)
STAFF AND COMMISSION COMMENTS
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October 13, 2008