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Home My WebLink About08-08-2005ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AUGUST 8, 2005 CALL TO ORDER: 5:35 P.M. City Hall Council Chambers 22 Civic Center Plaza PLEDGE OF ALLEGIANCE TO THE FLAG ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb Harvey De La Torre (arrived 5:39 p.m James Gartner Tom Lutz Glenn Mondo, Chairman Alexander Nalle COMMISSIONER ABSENT: Christopher Leo, Vice Chairman STAFF PRESENT: Jay Trevino, Ex. Dir., Plan. & Bldg. Agency Ben Kaufman, Chief Assistant City Attorney Karen Haluza, Principal Planner Martha Ramirez, Recording Secretary CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar. SUBSTITUTE MOTION: Continue the Minutes of July 25, 2005 to August 22, 2005 MOTION:. Mondo VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Cribb Cribb, Gartner, Lutz, Mondo, Nalle (5) None (0) None (0) De La Torre, Leo (2) RECOMMENDATION: Approve the minutes of the regular meeting of July 25, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the August 8, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on August 5, 2005 at 3:39 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR * '" Planning Commission Minutes 1 August 8, 2005 BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) None noted. WORK STUDY SESSION D. ADDITIONAL USES IN C3-A ZONE Karen Haluza stated that the Planning Division recently received requests to amend the C3-A (Artists Village) zone to allow uses not currently allowed in the zone. These requests have been for the following uses: residential, lodging and tattooing. Ms. Haluza stated that tonight's presentation would focus on tattooing, but not on any particular application. She provided an overview of the uses allowed in the M2 (Heavy Industrial) zone, which is currently the only zone in the City that allows tattooing, as well as an overview of the uses allowed in the C3-A zone. Ms. Haluza also discussed the challenges and opportunities that could be associated with broadening the range of creative uses in the C3-A zone to allow tattooing. Following Ms. Haluza's presentation Ben Kaufman clarified for the Commission that no formal action would be taken regarding this matter and that it was being considered as a discussion item only. The Commission then discussed the idea of potentially allowing tattooing in the C3-A zone. The Commission generally expressed that they did not believe tattooing to be in keeping with the fine arts nature of Santa Ana's Artists Village, that Santa Ana needs to stay competitive with other historic downtowns in the area and tattooing would not assist in this effort, and that tattooing was currently allowed in the M2 zone which was an appropriate location. The Commission also discussed that there may, at some point, be a need to further limit tattooing uses in the M2 zone in order to control for over concentration of the use. PROCEDURAL RULES PUBLIC HEARINGS 1. VARIANCE NO. 2005-06 (Continued by Planning Commission: July 25, 2005 to August 8, 2005) Filed by Diep Ngoc Tran to request a variance to allow reductions in the lot size, side yard setback, landscape buffer requirements and to allow dead-end drive aisles at 101 South Gunther located in the North Harbor Specific Plan (SP-2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 15, 2005 PUBLICLY NOTICED: July 15, 2005 RECOMMENDATION: Adopt a resolution: 1. Denying Variance No. 2005-06(a) to allow a reduction in lot size. 2. Denying Variance No. 2005-06(b) to allow a reduction in side yard setback. 3. Denying Variance No. 2005-06(c) to allow a reduction in landscaping. 4. Denying Variance No. 2005-06(d) to allow adead-end drive aisle. Ann Ni presented written request from applicant requesting a 30-day continuance. MOTION: Continue the public hearing to September 12, 2005 per applicant's request. MOTION: Cribb SECOND: De La Torre VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) Planning Commission Minutes 2 August 8, 2005 2. CONDITIONAL USE PERMIT NO. 2005-21 AND AMENDMENT TO VARIANCE NO. 1995-09 Filed by Rio Vista West, LLC to request a conditional use permit to allow drive through window service and amend the variance to allow the required number of parking spaces resulting from the construction of two new buildings within an existing commercial center in the North Harbor Specific Plan (SP2) at 3770 West McFadden Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 29, 2005 PUBLICLY NOTICED: July 28, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 2. Adopt a resolution approving Conditional Use Permit No. 2005-21 as conditioned. 3. Adopt a resolution approving the modification to Variance No. 1995-09 as conditioned. Associate Planner Verny Carvajal presented the staff report and recommendation. Commission discussed the restaurant-spec pad, interior parking area landscape and southerly wall landscape facing neighborhood and spillover lighting. Commission inquired about existing landscape program to replace interior dead trees and bring it up to compliance with the North Harbor Specific Plan. Discussion ensued regarding angled egress of drive-through exiting aright-turn to Harbor Boulevard as displayed on Exhibit 4 and Exhibit 3. The public hearing was opened. Public speaking in support of the project: Thomas Lamere, Dave Lopez, Pat McGuigan, Applicant representative Boudewijn Hanrath and Julie Stroud The public hearing was closed. MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 2. Adopt a resolution approving Conditional Use Permit No. 2005-21 as conditioned. 3. Adopt a resolution approving the modification to Variance No. 1995-09 as conditioned 4. The Planning Commission added a condition to replace all dead or underdeveloped plants, trees, and groundcover within the existing shopping center. Additionally, staff was directed to work with the applicant in adding a landscape treatment to the southerly wall of the site and a further evaluation of spillover lighting along the rear of the parking lot which could negatively impact residents to the south. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 3. Public Comments (for items not on the agenda) No comments were made. Planning Commission Minutes 3 August 8, 2005 STAFF AND COMMISSION COMMENTS 4. Staff Comments No comments were made. i~ 5. Planning Commission Comments Commissioner Lutz • No comments Commissioner Gartner • No comments Commissioner Nalle • No comments Commissioner Cribb • Thanked staff for their work. Commissioner De La Torre • Requested a summary report of the City Council Retreat held on June 24. Mr. Trevino provided information. Chair Mondo • Inquired about the status of the landscape plan for the cathedral site on MacArthur Boulevard. n J 6. Excuse of Absences Commissioner Nalle moved to excuse the absence of Commissioner Leo, motion was Seconded by Commissioner Cribb and unanimously approved by the Commission. 7. Adjournment 6:31 p.m. Marth Ramirez Recording Secretary 1 Planning Commission Minutes 4 August 8, 2005