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HomeMy WebLinkAbout04-25-20051 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA April 25, 2005 CALL TO ORDER: 5:09 P.M. CITY HALL ROSS ANNEX CONFERENCE 1600 20 CIVIC CENTER PLAZA ATTENDANCE: COMMISSIONERS PRESENT: Don Cribb Harvey De La Torre James Gartner Christopher Leo, Vice Chairman Tom Lutz Glenn Mondo, Chairman Alexander Nalle (arrived 5:17 p.m.) STAFF PRESENT: Steve Harding, Ex. Dir., Plan. & Bldg. Agency Jay Trevino, Planning Manager 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. MOTION: Cribb VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES SECOND: Nalle Cribb, De La Torre, None (0) None (0) Leo (1) RECOMMENDATION: Gartner, Lutz, Mondo, Nalle (6) Special meeting was cancelled due to lack of quorum on April 6, 2005. Approve the minutes of the regular meeting of April 11, 2005. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the April 6, 2005 Agenda for the Special Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on April 01, 2005 at 4:48 p.m. Pursuant to the Brown Act, the April 11, 2005 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on April 08, 2005 at 8:37 a.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. * * * END OF CONSENT CALENDAR * * * Planning Commission Minutes April 25, 2005 BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Cribb met with Shea Homes to discuss project on Fourth & Cabrillo and also met with all the restaurant owners to discuss hours of operation (Item 4). ~~ Commissioner Lutz was contacted by Shea Homes but did not meet with them and also spoke with owners of different restaurants (Item 4). Commissioner Gartner met with representatives from Shea Homes. Chair Mondo spoke with Scott Peotter and Cindy Nelson regarding Item 2. Also he received a written letter from Judy Edge regarding Item 3. WORK STUDY SESSION 1 D. FOURTH STREET CORRIDOR LAND USE STUDY Karen Haluza presented a general overview and background information on the Fourth Street Corridor Study that was coordinated with Robert Chihade of EIP Associates. She indicated that Planning staff would continue working with EIP to create a conceptual land use plan and return to the Planning Commission for final review. The Planning Commission discussed the key policy issues that would need to be addressed if the zoning and General Plan for the area were to be changed to include residential uses. These key issues included: • Extraordinary attention to architecture, site plan design and landscaping • Provision of a high level of on-site amenities • Mixed-use to provide neighborhood-serving retail • Provision of excellent pedestrian circulation • Buffered from freeway • Integration into surrounding projects and parks • Projects should be unique and special The Planning Commission expressed concern over the lack of neighborhood- supporting retail in the area, impacts from the freeway, traffic and integration with bus stops, need to do a comprehensive update to the General Plan and not a piecemeal effort, appropriateness of the First Street site for residential, impacts to existing commercial centers. The Planning Commission also discussed the potential that residential development might simulate re-use and reinvestment in the area and that outdated existing office developments might benefit from new development in the area. E. PLANNING COMMISSION GOALS 8~ OBJECTIVES (Jay Trevino) Chair Mondo would like to have an established General Plan updated, develop Ad Hoc Committee to review funding sources, and discuss on-going issues that could be implemented into General Plan. Transportation issues need to be considered Mr. Kaufman commented that a General Plan that does not reflect the vision of the community is considered bad, should serve as a tool to allow development. F. Recess to Council Chambers (6:36 p.m.) Planning Commission Minutes 2 April 25, 2005 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA APRIL 25, 2005 ROLL CALL: 6:44 P.M. Same staff was present. PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES PUBLIC HEARINGS 1. TENTATIVE TRACT MAP NO. 2005-01(000NTY MAP NO. 16738) (Continued by Planning Commission: February 28, 2005 to March 14, 2005, March 14, 2005 to April 25, 2005) Filed by C. T. Realty Corporation to allow office condominiums and to subdivide property within the Brookhollow Office Park in Specific Development No. 8 (SD- 8) at 1516, 1518, 1520, 1522, 1526 and 1528 East Warner Avenue PUBLISHED IN THE ORANGE COUNTY REPORTER: April 15, 2005 PUBLICLY NOTICED: April 15, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration, Environmental Review No. 2004-177. 2. Adopt a resolution approving Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) as conditioned. Associate Planner, Bill Apple presented the staff report and recommendation. Public hearing was opened. Applicant, Dave Ball confirmed there are currently six buildings on three parcels. The first action would create a separate parcel around each of the six buildings. The second action would allow airspace within the buildings to be subdivided into a maximum of 42 condominium units with a minimum unit size of 1,200 square feet. Mr. Ball indicated that they would like to eliminate Planning Condition No. 13. This resulted in additional discussions between City staff and the applicant. As a result, Condition No. 13 and Condition No. 5 were revised. The Planning Commission with the revised conditions approved the project. Sally Enriquez addressed concerns with Planning Condition No. 13. The public hearing was closed. Applicant and City Attorney left the Chambers for further discussion, then returned to public hearing proceedings. MOTION: 1. Approve and adopt the Mitigated Negative Declaration, Environmental Review No. 2004-177. 2. Adopt a resolution approving Tentative Tract Map No. 2005-01 (County Tract Map No. 16738) with revised conditions. 3. Added modifications to Planning Condition No. 13 (b) and Planning Condition No. 5 (b) and stated Condition No. 7 remains unchanged. Planning Commission Minutes 3 April 25, 2005 MOTION: Nalle SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005-04 (Continued by Planning Commission: April 11, 2005 to April 25, 2005) Filed by JBA/Asian Companies, Inc. to allow a car wash and after hours operation of a service station and a variance to reduce the required landscape setbacks for a Mobil Service station in the Arterial Commercial (C5) zoning district at 100 West MacArthur Boulevard. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240. 2. Adopt a resolution approving Conditional Use Permit No. 2005-08 (a) as conditioned to allow a car wash. 3. Adopt a resolution approving Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation. 4. Adopt a resolution approving Variance No. 2005-04 as conditioned. Senior Planner, Vince Fregoso commented on the property use, viability of a car wash and the noise impacts. Prior continuance was to allow staff and the applicant to meet with Nexus to discuss architecture and operational issues related to the carwash and the convenience store. Mr. Fregoso reviewed the modified conditions that resulted from that meeting. Commissioner De La Torre commented on construction hours of operation, including an 8:00 a.m. start time on Saturday. Public hearing was opened. Scott Peotter, representing applicant, presented an overview of the project site enhancements. Judy Edge and Vic Edge spoke in opposition to the project. Vice Chair Leo commented on bus turnout relocation and ingress/egress obstructions. Public hearing was closed. Chair Mondo complimented the applicant's presentation and efforts but was not supportive of car wash due to potential impacts on residential. MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 with the exception of the noise element. 2. Adopt a resolution denying Conditional Use Permit No. 2005-08 (a) as conditioned to allow a car wash. 3. Adopt a resolution approving Conditional Use Permit No. 2005-08 (b) as conditioned to allow after hours operation. 4. Adopt a resolution approving Variance No. 2005-04 as conditioned. Planning Commission Minutes 4 April 25, 2005 MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. DEVELOPMENT AGREEMENT NO. 1990-03 (Continued by Planning Commission: April 11, 2005 to April 25, 2005) Filed by C. J. Segerstrom and Sons to allow an extension of Development No. 1990-03 for the Lake Center Office Park in the Specific Development No. 58 (SD- 58) zoning district at 3500 West Lake Center Drive. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 1, 2005 PUBLICLY NOTICED: April 1, 2005 RECOMMENDATION: Recommend that the City Council adopt an ordinance approving the amendment to Development Agreement No. 1990-03. David Wilson, representing applicant, requested two weeks continuance to re- evaluate uses and square footage of buildings in conjunction with ball field. MOTION: Continue item to public hearing on Planning Commission May 9, 2005. MOTION: Cribb SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 4. AMEND CONDITIONAL USE PERMITS NOS. 1995-01, 1996-30, 2001-09, 2003-37. AND 2004-01; ZONING ORDINANCE AMENDMENT NO. 2005-02 (Sergio Klotz) Filed by Memphis (210 North Broadway), Original Mike's (100 South Main Street), Boardwalk Cafe (416 West Fourth Street), Shelly's Bistro (400 West Fourth Street) and Pangea (211 West Second Street) restaurants requesting to modify existing conditional use permits. The requests include extension of the hours of operation, dancing, outdoor dining, and alcohol storage, number of musicians, amplified entertainment and cover charge. Additionally, an amendment to the Specific Development No. 72 (SD-72) zoning designation is also required to modify the development standards that pertain to hours of operation . PUBLISHED IN THE ORANGE COUNTY REPORTER: April 15, 2005 PUBLICLY NOTICED: April 15, 2005 RECOMMENDATION: Provide policy direction: 1. Conditional Use Permit No. 2001-09 (Memphis): a) Serve alcoholic beverages until midnight Sunday through Wednesday and 2:00 a.m. Thursdays, Fridays and Saturdays. b) Allow dancing. c) Additional outdoor dining area. 2, Conditional Use Permit No. 1995-11 (Shelly's): a) Serve alcoholic beverages until 2:00 a.m. 3. Conditional Use Permit No. 2004-01 (Pangea): a) Serve alcoholic beverages until 2:00 a.m. b) Allow entertainment. Planning Commission Minutes 5 April 25, 2005 4. Conditional Use Permit No. 1996-30 (Boardwalk): a) Serve alcoholic beverages until 2:00 a.m. b) Allow dancing. c) Allow up to six musicians with amplified instruments. d) Alcohol storage in excess of 5 percent. 5. Conditional Use Permit No. 2003-37 and Zoning Ordinance Amendment No. 2005-02 (Original Mike's): a) Serve alcoholic beverages until 2:00 a.m. b) Allow unlimited exterior special events on the premises. c) Allow a cover charge to enter the premises. d) Allow amplified music within the outdoor patio area. e) Extend the hours of operation to 9:00 a.m. through 6:00 p.m. Monday through Friday and 9:00 a.m. to 10:00 p.m. Saturday and Sunday within the outdoor patio area. f) Allow more than athree-piece band within the outdoor area g) Allow seven musicians with amplified instruments within the interior of the premises. Senior Planner, Sergio Klotz presented the staff report and recommendations. He presented a matrix summarizing the modification requests for the five applicants. Chief Assistant City Attorney, Ben Kaufman requested that applicants testify to one project and then Commission to vote for each resolution. Sergio Klotz emphasized concerns with the noise and safety issues. Commission reviewed the modifications to each individual restaurant. Public hearing was opened. Art Lomeli, represented Santa Ana Business Council, spoke in support of the proposal(s). Bryan Leighton (Boardwalk), Justin Reuter (Pangea), Pierre Desjardins (Shelly's), Brad Romoff (Pangea) and Dan Bradley (Memphis) spoke in support of their respective restaurant modifications. Michelle Higbee, Heninger Park representative, voiced concern with noise, safety, and extended hours, would like neighborhood to be kept updated. Kedric Francis, Revere Magazine, spoke in support of the projects. Bill Gaiennie, General Manager at Original Mike's, addressed concerns on issues with Police Department and Planning. The public hearing was closed. Commission reviewed extended hours, safety issues, security guard specifications, prohibition of dancing, number of musicians, allow dancing, number of musicians, extension of food service in patios patio accessibility and cessation of food service pertaining to individual projects. Commission also noted that if applicants are not in compliance with conditions of approval, they should not be granted additional rights. Also noted that if applicants are not in compliance with conditions of approval, they should not be granted additional rights. Mr. Kaufman referred to Police Condition No. 3, stated no promotions offering reduced prices for alcoholic beverages would be allowed. Officer Pena clarified the security guard requirements that would allow one guard for the Promenade area and one guard for the Shelly's area. Planning Commission Minutes 6 April 25, 2005 MOTIONS: 1. Conditional Use Permit No. 1995-11 (Shelly's): a. Serve alcoholic beverages until 2:00 a.m. b. Patio closed at midnight MOTION: Mondo SECOND: Motion died due to lack of Second. SUBSTITUTE MOTION: Amend patio operation hours to 1:00 a.m. with cessation of food and outdoor service and closure at 2:00 a.m. for interior of premises„ delete Police Condition No. 3 as noted on addendum dated April 25, 2005; and include Police Condition No. 5 providing a security guard. MOTION: Leo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. Conditional Use Permit No. 1996-30 (Boardwalkl: a. Serve alcoholic beverages until 2:00 a.m. b. Allow dancing c. Allow up to six musicians with amplified instruments indoors d. Allow alcohol storage in excess of 5 percent e. Closure at 1:00 a.m. for Patio f. Include Police Condition No. 6 providing a security guard g. Delete Police Condition No. 4 per addendum dated April 25, 2005 Officer Pena and Officer McCoy detailed the parameters for dancing space to businesses (Boardwalk and Memphis). MOTION: Mondo SECOND: Nalle VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. Conditional Use Permit No. 2001-09 (Memphis): a. Serve alcoholic beverages until midnight Sunday through Wednesday and 2:00 a.m. Thursdays, Fridays and Saturdays. b. Allow dancing. Remove prohibition of dancing. c. Patio area subject to 1:00 a.m. closure d. Delete Police Condition No. 3 as noted on addendum dated April 25, 2005 e. Include Police Condition No. 4 providing a security guard MOTION: Mondo VOTE: AYES: NOES: ABSTAIN: ABSENT: 4. Conditional Use No. 2005-02 (Ori~ SECOND: Nalle Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) None (0) None (0) None (0) Permit No. 2003-37 and Zoning Ordinance Amendment ginal Mike's): MOTION: Continue indefinitely to resolve pending issues with Police and Planning. MOTION: Lutz SECOND: Gartner VOTE: AYES: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission Minutes 7 April 25, 2005 5. Conditional Use Permit No. 2004-01 (Panpea): a. Serve alcoholic beverages until 2:00 a.m. b. Allow entertainment on Friday and Saturday as requested c. Closure at 1:00 a.m. for patio d. Delete Police Condition No. 3 per addendum dated April 25, 2005 e. Allow disc jockey music indoors f. Include Police Condition No. 5 providing a security guard MOTION: Mondo VOTE: AYES: NOES: ABSTAIN: ABSENT: 5. Public Comments SECOND: Gartner Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (7) None (0) None (0) None (0) (for items not on the agenda) No comments were made. 6. Staff Comments STAFF AND COMMISSION COMMENTS Planning Manager Trevino wished Vince Fregoso a Happy Birthday. 7. Planning Commission Comments Commissioner Gartner • Commented on hours of operation for downtown restaurants. Commissioner Lutz • No comments Commissioner Nalle • Commented on law library update. • Commented on Public Works improvements at Broadway/Grand Avenue. Vice Chair Leo - • Commented on bus stop matter raised by Mrs. Edge, indicated egress/ingress is valid, inquired if possible to have bus stop relocated. • Requested update at Farmers Insurance site where Shea is having housing presentation. Planning Manager Trevino provided information. • Inquired as to when construction will be completed for Memory Street Bridge. • Commented that at the Santa Ana Depot entry, acre site at Grand/5th the County received 40 bids for the property; further action has been deferred to the City. • Requested One Broadway Plaza status; staff responded that legal aspect continues. • Encouraged attendance to see the Mummy exhibit at the Bowers Museum. Commissioner Harvey De La Torre • No comments Chair Mondo - • Commented on Raitt/McFadden activity, northwest corner, continuation of school project, with parking on the east. Vince Fregoso clarified that it is a school project. • Inquired about Public Works update on law library fountains, issue pending with noise design. Vice Chair Leo provided information. • Observed OCTA bus at Main Street, westbound MacArthur, bus driver parks in the middle of lane and impacts traffic. • Inquired about Nexus project. Planning Manager Trevino provided information. 8. Excuse of Absences 9. Adjournment 9:14 p.m. Martha Ramirez, Recordin `ecretary Planning Commission Minutes 8 April 25, 2005