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HomeMy WebLinkAbout06-13-2005ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA JUNE 13, 2005 1 CALL TO ORDER: 5:04 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 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. Commissioner Lutz pulled item D -Neighborhood Project Review No. 2004-12, for further discussion. MOTION: VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) None (0) None (0) Leo (1) RECOMMENDATION: Approve the minutes of the regular meeting of May 23, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the May 23, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on May 20, 2005 at 2:33 p.m. 1 RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. CONDITIONAL USE PERMIT NO. 2005-09 Filed by Allen Gray to allow a Type 41 Alcoholic Beverage Control license for the on-sale of beer and wine at Polly's Pies Restaurant in the Professional (P) zoning district at 2660 North Main Street. RECOMENDATION: Receive and file the staff report approving Conditional Use Permit No. 2005-09 as conditioned. Planning Commission Minutes June 13, 2005 D. NEIGHBORHOOD PROJECT REVIEW NO. 2004-12 Filed by Baldemar Gonzalez, to permit the construction of a detached two-car garage located at 313 South Garnsey Street in the Specific Development 40 (SD- 40) zoning district (Heninger Park). RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 2004-12. Assistant Planner Pedro Guillen presented the staff report and recommendation. MOTION: Adopt a resolution approving Neighborhood Project Review No. 2004- 12. MOTION: Lutz SECOND: Gartner AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) E. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-19 Filed by Caribou Industries to modify existing conditional use permit and to expand the areas where alcohol may be served in the theater building at 801 North Main Street. RECOMMENDATION: Confirm the Zoning Administrator's action to modify the conditions of approval for Conditional Use Permit No. 2004-19. * '~ * END OF CONSENT CALENDAR BUSINESS CALENDAR F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No comments were made. PROCEDURAL RULES PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT NO.2005-02 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-37 AND CONDITIONAL USE PERMIT NO. 2005-19 Filed by Caribou Industries to modify the conditions of approval and provisions of the Specific Development No. 72 (SD-72) for Original Mike's Restaurant, to allow extended hours of operation, outdoor events, and a cover charge for certain events, and increase the number of allowable musicians at 100 South Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: Recommend that City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 02. 2. Adopt a resolution approving amendment to Conditional Use Permit No. 2003-37 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-19. Planning Commission Minutes 2 June 13, 2005 Senior Planner Vince Fregoso presented the staff report and highlighted the revisions from April 25, 2005 public hearing. The public hearing was opened. Applicant, Michael Harrah indicated agreement with deletion of Police Condition No. 24. Eastside Neighborhood representative, Mary Bloom-Ramos voiced concern with potential noise and traffic mitigations extending from the special events. The public hearing was closed. MOTION: Recommend that City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005- 02. 2. Adopt a resolution approving amendment to Conditional Use Permit No. 2003-37 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2005-19 as conditioned with clarification on hours of operation: Monday through Thursday opened until 10:00 p.m. and on Friday, Saturday and Sunday extended hours to 2:00 a.m. 4. Deleted Police Condition No. 24. MOTION: Nalle SECOND: Gartner VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 2. MINOR EXCEPTION NO. 2005-03 AND VARIANCE NO. 2005-11 (Referred by Zoning Administrator to Planning Commission: May 4, 2005 to June 13, 2005) Filed by Rivka and Arie Zukerman to allow deviations to the side yard setback, height requirement and relief from the parking requirements as required by the Second Dwelling Unit Ordinance and relief from the Single Family Residential (R1) standard requirement that a driveway lead directly to a garage at 2106 North Victoria Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: 1. Adopt a resolution approving Minor Exception No. 2005-03 as conditioned. 2. Adopt a resolution approving Variance No. 2005-11 as conditioned. Assistant Planner Hally Soboleske presented the staff report and recommendation. The public hearing was opened. Ricci Zukerman spoke in support of the project. The public hearing was closed. MOTION: 1. Adopt a resolution approving Minor Exception No. 2005-03 as conditioned. 2. Adopt a resolution approving Variance No. 2005-11 as conditioned. 3. Noted policy direction to staff for this item was to consider action as unique to this property situation that requested a garage conversion without a covered garage due to the size of the lot and number of spaces available both on the side and the rear of the property. Planning Commission Minutes 3 June 13, 2005 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) 3. MINOR EXCEPTION NO. 2005-05 (Referred by Zoning Administrator to Planning Commission: May 4, 2005 to June 13, 2005) Filed by Maria Zarate to allow relief from the height requirement for a constructed front yard wrought iron fence at 1261 Halladay Street in the Single-Family Residential (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: Adopt a resolution denying Minor Exception No. 2005-05. Senior Planner Sergio Klotz presented the staff report and recommendation. The public hearing was opened. Applicant Maria Zarate indicated she was initially provided with the information at the Planning Counter by Shion Hori regarding fence heights on arterial streets and proceeded to construct the 48-inch height fence. Mr. Kaufman inquired if applicant obtained a permit for the fence. Ms. Zarate stated that she proceeded with building the fence because of the information received at the Planning Counter, but did not indicate that she had received a permit to do so. Mr. Klotz reviewed the process and indicated that the permit was not obtained prior to construction. The public hearing was closed. MOTION: Adopt a resolution denying Minor Exception No. 2005-05. MOTION: Lutz SECOND: Mondo VOTE: AYES: Cribb, Gartner, Lutz, Mondo (4) NOES: De La Torre, Nalle (2) ABSTAIN: None (0) ABSENT: Leo (1) 4. VARIANCE NO. 2005-08 Filed by Keller & Barre Associates to allow a second wall sign at the Northgate Market at 1010 South Main Street in the Commercial South Main (C-SM) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDTION: Adopt a resolution approving Variance No. 2005-08 as conditioned. Assistant Planner Lucy Linnaus presented the staff report and recommendation. Commission discussion ensued with regard to the proportional scale of the letters, entry signs, non-conforming signs facing common streets, legal signs, land use and window signage. Public hearing was opened. Planning Commission Minutes 4 June 13, 2005 Michael James representing Northgate Market stated that he would defer his comments to his architect, Dan Hoffman. Architect Dan Hoffman, commented on the window signage and reviewed work- in-process with the current facade to meet mitigation measures. He indicated that the signage is at the top-limit that is allowed. Mr. Hoffman evaluated the lettering for the three-foot sign; he also stated that the applicant is only proceeding with one "do-not enter" sign. Sign contractor for the project, Bill Henigsman spoke in support of the project. Northgate Markets representative Michael James stated that they had made many site property improvements. He commented on the need for the sign to be visible from Main Street. Eastside Neighborhood Association representative Mary Bloom-Ramos requested that the sign letters on the Main Street side be reduced in size. The public hearing was closed. The Commission discussed various options for improving the design. Ms. Haluza recommended continuance of the item in order to allow the applicant to develop a more pleasing sign design. MOTION: Continue the public hearing to July 11, 2005 in order for staff to work with the applicant on a sign design that would be proportionate to the facades on both Main Street and Cubbon, noting that the letters proposed for the Main Street elevation are too large and overpower the logo and that the logo on the Cubbon facade is too small for its location. MOTION: Mondo SECOND: Gartner VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 5. VARIANCE NO. 2005-09 Filed by Steve Krieger II to allow a 50-foot flagpole at 617 East Seventeenth Street in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDTION: Adopt a resolution denying Variance No. 2005-09 as conditioned. Assistant Planner Pedro Gui{{en presented the staff report and recommendation. The public hearing was opened. Applicant Steve Krieger and Ben Grabiel spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Variance No. 2005-09. MOTION: Lutz SECOND: Nalle VOTE: AYES: None (0) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) Planning Commission Minutes 5 June 13, 2005 Commission discussion ensued regarding height of flagpole, maintaining standards within the City, if conditions for designation of flag apply and commercial use versus patriotism. SUBSTITUTE MOTION: Adopt a resolution denying Variance No. 2005-09. MOTION: Mondo VOTE: AYES: NOES: ABSTAIN: ABSENT: 6. CONDITIONAL U~ SECOND: De La Torre Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) None (0) None (0) Leo (1) iE PERMIT N0.2004-34 Filed by Black and Veatch Corporation to allow construction of a 58-foot high cellular antenna at 601-3/4 South Santa Fe Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2004-34 as conditioned. Landscape Development Associate Marvin Ellenbecker presented the staff report and recommendation. The public hearing was opened. Applicant Barbara Farash and Mary Bloom-Ramos spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2004-34 as conditioned. 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) 7. CONDITIONAL USE PERMITS NO. 2005-16 Filed by Hogle-Ireland for McDonald's Restaurant to allow drive through window service at an existing restaurant in the Arterial Commercial (C5) zoning district at 1526 West Edinger Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2005-16 as conditioned. Associate Planner Verny Carvaja{ presented the staff report and recommendation. Commission discussion ensued regarding the site plan design, indoor play area, railroad cart relocation, operating hours and landscape enhancements. The public hearing was opened. Planning Commission Minutes 6 June 13, 2005 Applicant Randal Kimoto stated that the train was removed and will not be used inside the building. He indicated that the hours of operation are in compliance with the ordinance. Mr. Kimoto indicated he reviewed and concurred with the staff report. Commissioner De La Torre recommended repaving the parking lot and to include slurry and seal. Applicant clarified that this would occur. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2005-16 as conditioned. MOTION: Cribb SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 8. CONDITIONAL USE PERMIT NO. 2005-18 Filed by Seal Furniture & Systems, Inc. on behalf of Sukut Construction, to allow the maximum office floor area to exceed 30 percent at 4014 West Chandler Avenue in the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2005-18 as conditioned. Associate Planner Verny Carvajal presented the staff report and recommendation. Commission discussion ensued regarding parking ratio, landscape upgrade and clarification on 30 percent maximum stipulation. Mr. Trevino stated that staff would work with the applicant to enhance the landscaping. The public hearing was opened. Applicant Bruce McClymonds spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2005-18 as conditioned. MOT10N: Nalle SECOND: Gartner VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 9. ABANDONMENT NO. 2003-05 Filed by the City of Santa Ana to vacate the southerly portion of Broadway Place between Broadway and Main Streets. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 3, 2005 PUBLICLY NOTICED: June 3, 2005 Planning Commission Minutes 7 June 13, 2005 RECOMMENDATION: Recommend that City Council adopt a resolution approving Abandonment No. 2003-05. Senior Civil Engineer Taig Higgins presented the staff report and recommendation. Mr. Kaufman inquired about City ownership fee. Mr. Higgins provided information. The public hearing was opened. No public comments were made. The public hearing was closed. MOTION: Recommend that the City Council adopt a resolution approving Abandonment No. 2003-05. MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: 10. Public Comments SECOND: Lutz Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) None (0) None (0) Leo (1} (for items not on the agenda) No public comments were made. STAFF AND COMMISSION COMMENTS 11. Staff Comments Mr. Trevino extended an invitation to the Commissioners to the City Council Workshop scheduled for Friday, June 24 at The Bowers Museum and indicated that more information would follow. Mr. Kaufman reiterated the Brown Act compliance for the Commissioners (four or more attendees). 12. Planning Commission Comments Commissioner Lutz • Requested update on bail bonds plans at Civic Center and Freeman. Ms. Linnaus provided information. • Requested an update on drilling construction at H. Salt Fish at Washington and Bristol streets (water well or looking for contaminants in the soil). Public Works to provide update. • Requested that code enforcement investigate used car lot/for sale activity at 810 North Jackson. Commissioner Gartner • Commented that, in general, quality signage should be encouraged in the City. • Inquired about proposed gas station at Broadway and 17th Street. Ms. Haluza commented on the status of the queuing intrusion study. Commissioner Nalle • Inquired about stacking lanes and number of allowable lanes at gas station on Broadway and 17th Streets. Ms. Haluza reviewed pending information from applicant. Commissioner Cribb • Stated that trash continues to build Freeway. up at off ramp on Main Street and 5 Planning Commission Minutes 8 June 13, 2005 • Stated that trash needs to be cleaned up at southbound Freeway 5, exit onto Edgewood. Inquired as to who maintains landscape, City or Cal Trans. • Requested update on Starbucks at Fairhaven and Grand. Mr. Trevino indicated project on site plan review. • Requested update on Bagel Me at Tustin Avenue north of 17th Street. Planning will advice. Commissioner De La Torre • No comments Chair Mondo • No comments 13. Excuse of Absences Commissioner Lutz motioned to excuse the absence of Commissioner Leo, Seconded by Commissioner Cribb and unanimously approved by the Commission. 14. Adjournment 7:28 p.m. Martha Ramirez, Recording Sec etary 1 LJ Planning Commission Minutes 9 June 13, 2005