HomeMy WebLinkAbout12-22-2003ACTION MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA
DECEMBER 22, 2003
CALL TO ORDER: 5:34 P.M.
City Council Chambers
22 Civic Center Plaza, Santa Ana, California
ATTENDANCE: COMMISSIONERS PRESENT:
Harvey De La Torre
Christopher Leo
Tom Lutz
Glenn Mondo (arrived 6:54 p.m.)
Alexander Nalle, Chairman
Kimberly Sinclair
ABSENT: Don Cribb, Vice Chair
STAFF PRESENT: Steve Harding, Ex. Dir. Plan & Bldg. Agency
Jay Trevino, Planning Manager
Kylee Otto, Deputy City Atforney
Vince Fregoso, Senior Planner
Mike McCoy, Police Department
Yolanda Pena, Police Department
Martha Ramirez, Commission Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG
CONSENT CALENDAR
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the minutes:
Regular meeting of December 8, 2003.
B. RECORDING SECRETARY REPORT
Pursuant to the Brown Act and the Maddy Act, the December 8, 2003 Agenda for the
Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic
Center Plaza on December 19, 2003 at 1:30 p.m.
RECOMMENDATION:
Instruct the Commission Secretary to enter posting into the minutes.
C. NEIGHBORHOOD PROJECT REVIEW NO.2003-01 (Pedro Guillen)
Filed by City of Santa Ana Community Development Agency to permit construction of two
single-family residencesd at 325 West Pine Street in the Specific Development No. 40
zoning district (Heninger Park).
RECOMMENDATION:
Adopt a resolution approving Neighborhood Project Review No. 2003-01 as conditioned.
Planning Commission Minutes 1 December 22, 2003
D. NEIGHBORHOOD PROJECT REVIEW NO.2003-02 (Pedro Guillen)
Filed by the City of Santa Ana Community Development Agency to permit construction of a
single-family residence and detached two-car garage at 435 South Birch Street in the
Specific Development No. 40 zoning district (Heninger Park).
RECOMMENDATION:
Adopt a resolution approving Neighborhood Project Review No. 2003-02 as conditioned.
E. NEIGHBORHOOD PROJECT REVIEW NO. 2003-03 (Pedro Guillen)
Filed by the City of Santa Ana Community Development Agency to permit construction of a
single-family residence and detached two-car garage at 437 South Birch Street in the
Specific Development No. 40 zoning district (Heninger Park).
RECOMMENDATION:
Adopt a resolution approving Neighborhood Project Review No. 2003-03 as conditioned.
Motion to adopt and file staff recommendations on Consent Calendar.
MOTION: Sinclair SECOND: Lutz
VOTE: AYES: De La Torre, Leo, Lutz, Nalle, Sinclair (5)
NOES: (0)
ABSTAIN:
ABSENT: Cribb, Mondo (2)
*** END OF CONSENT CALENDAR ***
BUSINESS CALENDAR
F. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
PROJECTS)
None noted.
G. APPEAL OF THE PLANNING MANAGER'S DECISION NO. 2003-08 (Pedro Guillen)
Filed by Brett T. Griffiths to appeal the Planning Manager's decision to not allow a solar
panel facing the public street at 1147 West Rivera Drive.
RECOMMENDATION:
Deny Appeal of the Planning Manager's Decision No. 2003-08.
Pedro Guillen presented staff report and recommendation.
Chairman Nalle opened the public hearing.
Office Manager from the solar panel facility is prepared to obtain information on solar
panels/shingles regarding the cost efficiency as well as submit figures for alternative
mounting options.
Chairman Nalle closed the public hearing.
Planning Commission Minutes 2 December 22, 2003
Motion to continue this matter for two weeks (January 12, 2004) to collect
information on the decrease in efficiency and increase in costs with proposed solar
versus shingle mounting, relocation placement and also address the glare factor.
MOTION: Sinclair SECOND: De La Torre
VOTE: AYES: De La Torre, Leo, Lutz, Nalle, Sinclair (5)
NOES: (0)
ABSTAIN:
ABSENT: Cribb, Mondo (2)
H. CONDITIONAL USE PERMIT N0.2003-29 (Ann Ni)
Continued by the Planning Commission: November 24, 2003 to December 22, 2003; and December 22,
2003 to January 26, 2004. Public Hearing closed on November 24, 2003.)
Filed by Cingular Wireless to allow a wireless communication facility, a 60-foot
freestanding stealth flagpole, in the Arterial Commercial (C5) zoning district at 1710-1730
East 17th Street.
PUBLISHED IN THE ORANGE COUNTY REPORTER: November 14, 2003
PUBLICLY NOTICED: November 13, 2003
RECOMMENDATION:
Continue to January 26, 2004.
Taken Out Of Order: 6:17 P.M.
Commissioner Nalle instructed commissioners they would need two separate motions.
I. AMENDMENT APPLICATION NO. 2003-09. GENERAL PLAN AMENDMENT NO.2003-
05, CONDITIONAL USE PERMIT NO. 2003-31, AND VARIANCE NO.2003-08
(Bob St. Paul)
(Continued by the Planning Commission: November 10, 2003 to November 24, 2003; and November 24,
2003 to December 22, 2003. Public Hearing closed on November 24, 2003.)
Filed by Caribou Industries to change the existing Zoning Designation from General
Commercial (C2) to Specific Development 72 (SD-72), the existing General Plan
Designation from General Commercial (GC) to District Center (DC), to allow conditional
use permits for Housing Units, and a variance for a reduction of parking at 100 South Main
Street.
PUBLISHED IN THE ORANGE COUNTY REPORTER: October 31, 2003
PUBLICLY NOTICED: October 31, 2003
RECOMMENDATION:
Recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring
Program, Environmental Review No. 2003-100.
2. Adopt a resolution approving General Plan Amendment No. 2003-05
3. Adopt an ordinance approving Amendment Application No. 2003-09.
4. Adopt an ordinance establishing Specific Development No. 72
5. Adopt a resolution approving Conditional Use Permit No. 2003-31 as conditioned to
allow the reuse of nine rental housing units.
Planning Commission Minutes 3 December 22, 2003
6. Adopt a resolution approving Variance No. 2003-08 as conditioned.
Mr. Bob St. Paul presented staff report and recommendations.
Chairman Nalle opened the Public Hearing.
Ben Gabriel, Santa Ana resident, opposes current project, cited shortage of existing
parking and impact on neighborhood.
James Kendrick supports Harrah project, project seen as revenue generator for the city.
Michael Harrah, President of Caribou, was available to address any questions.
Andree Weger, representative from Heninger Park Association, would like future
residential facades to match existing neighborhood, in support of restaurant.
Chairman Nalle closed Public Hearing.
The Police Department cited that the recommended language for Standard No. 3 should
read "Indoor live entertainment shall be limited to a maximum of five musicians with non-
amplified instruments and shall not exceed the noise standards set forth in SAMC 18-308
through 18-0321.
Motion to adopt and approve General Plan Amendment No. 2003-05, Amendment
Application No. 2003-09 to create Specific Development No. 72, Variance No. 2003-
08 and Conditional Use Permit No. 2003-31, with the recommendation to add live
entertainment and operational standards to Specific Development No. 72. In
addition to the standards recommended by staff, the planning commission included
the following: (1) Standard No. 3 should read: "Indoor live entertainment shall be
limited to a maximum of five musicians with amplified instruments" (2) Standard No.
6 to include non-amplified music on Saturday and Sunday with operating hours
from 10:00 a.m. to 5:00 p.m.
Commissioner Mondo arrived 6:54 p.m.
MOTION: Lutz SECOND: Leo
VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6)
NOES: (0)
ABSTAIN:
ABSENT: Cribb,
2. APPEAL NO.2003-11 OF CONDITIONAL USE PERMIT NO.2003-37 (Bob St. Paul)
(Continued by the Zoning Administrator December 10, 2003 to public hearing on Planning Commission
December 22, 2003.)
Filed by Caribou Industries to appeal conditions of approval for a Type 47 alcoholic
Beverage Control license in conjunction with Original Mike's restaurant at 100 South Main
Street.
PUBLISHED IN THE ORANGE COUNTY REPORTER: December 12, 2003
PUBLICLY NOTICED: December 12, 2003
RECOMMENDATION:
Adopt a resolution approving Conditional Use Permit No. 2003-37 as conditioned.
Mr. Bob St. Paul presented staff report and recommendation.
Planning Commission Minutes 4 December 22, 2003
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Motion to adopt and approve Appeal Number 2003-71 of Conditional Use Permit No.
2003-37 as amended by the Zoning Administrator with the revisions that Conditions
No. 5 and No. 6 be deleted; the language in Condition No. 3 be deleted and be
replaced with the following: "Full menus shall be available at the counter/bar and
food service must be available during all operational hours." Further, a condition be
added to include police monitoring of all events as noted: "The applicant shall be
responsible for providing the Chief of Police, or his designate, a monthly schedule
of all events, event hours of operation, promoters of the event, prior locations where
the promoters have conducted business and prior locations where the events have
occurred. This schedule shall also include, but not be limited to, the number of
security guards assigned, the anticipated attendance, and the name%mergency
number of the responsible party. All events shall be subject to prior Police
Department approval."
MOTION: Mondo SECOND: Leo
VOTE: AYES: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6)
NOES:
ABSTAIN:
ABSENT: Cribb
PUBLIC HEARINGS
D
Taken Out Of Order:
1. CONDITIONAL USE PERMIT N0.2003-35 AND MINOR EXCEPTION N0.2003-10
(Vince Fregoso)
Filed by YWCA of Orange County to allow a community service center in the Specific
Development No. 4 zoning district and to allow shared parking between adjacent uses at 2100 West
Alton Avenue.
PUBLISHED IN THE ORANGE COUNTY REPORTER: December 12, 2003
PUBLICLY NOTICED: December 12, 2003
RECOMMENDATION:
1. Approve and adopt the Mitigated Negative Declaration and Monitoring Program for
Environmental Review No. 2003-233.
2. Adopt a resolution approving Conditional Use Permit No. 2003-35 as conditioned.
3. Adopt a resolution approving Minor Exception No. 2003-10 as conditioned.
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Mr. Vince Fregoso presented the staff report and recommendation.
Chairman Nalle opened Public Hearing.
Jon Voget, Executive Director at YMCA, proposes providing a facility for the community;
appreciative of city support and indicates YMCA can meet conditions as presented.
Chairman Nalle closed Public Hearing.
Motion to approve project with following modifications: modify Condition No. 3
requiring graffiti removal within 24 hours; modify Condition No. 4 to allow exterior
lighting for monument signage, and subject to deletion of Condition No. 8.
MOTION: Lutz SECOND: Leo
VOTE: AYES: De La Torre, Leo, Lutz, Nalle, Sinclair (5)
NOES:
ABSTAIN:
Planning Commission Minutes 5 December 22, 2003
ABSENT: Cribb, Mondo
2. Taken Out Of Order; combined with #I
1. Public Comments (for items not on the agenda)
James Kendricks, resident at 1100 S. Birch cites unauthorized construction approved by
city planning and inspectors at 1118 S. Birch:
• Owner asked for clarification on the height of the structure and the wood siding.
• Commissioner Lutz would like comments to support decision.
STAFF AND COMMISSION COMMENTS
4. Staff Comments
No comments.
5. Planning Commission Comments
Commissioner De La Torre
• Recent approval seen as positive step forward, look forward to seeing it prosper.
• Thanked staff for being responsive to yearly issues. They have done a fine job and
look forward to working with staff next year.
• Also extend Happy Holidays to all.
Commissioner Lutz
• Thanked city staff for rapid response on cellular facility under construction at 801
Civic Center.
• Wished everyone a Happy Holiday.
• Would like to pay homage to Mr. Arthur Strock who passed away Wednesday from
a brain aneurysium. He was involved with Bowers Museum expansion, very
enthusiastic about Artist Village, also involved with Artist Lofts housing.
Commissioner Mondo
• Concerned with issue of past design standards for residential remodels. Topic of
adding floor ratios to new design standards was discussed.
• YMCA building looking like an eyesore, any clean up? Mr. Fregoso not aware of any
action, will contact owner.
• Outdoor Vending Machines -all outdoor vending machines must meet city
standards, a lot of them do not comply. Memo does not address ordinance
adherence. Planning Manager states matter still under review, states the width of
machine is the issue. Debating options - no uniform standards exist; applicants
participated with ordinance, how to follow through, would like staff to meet with
vending machine companies; require further amendments to study. Report back 1St
or 2"d quarter 2004.
• Glossy full cover pictorials made available with One Way Broadway project.
• Would like more detail on Harrah's parking structure.
Commissioner Sinclair
• Asked for an update on One Broadway. Staff stated that the project would be
presented for formal action on February 23, 2004. The response to comments for
the EIR will be distributed by February 13, 2004.
• Follow Up with vending machines -bring back recommendation to planning
commission.
Commissioner Leo
• Appreciate promptness on planning commission requests.
Planning Commission Minutes 6 December 22, 2003
• Update on graffiti on Grand Avenue.
• Would like improvement at First/Bristol deterioration, note if any funding available.
• Target at 17th/Bristol -still squabbling with Ralph's?
• Asked for update on the Starbucks on corner of Bristol/Memory. Staff indicated Red
Mountain bought property and wants to double the size of the proposed building.
Commissioner Nalle
• Staff work much appreciated.
6. Excuse of Absences
Commissioner Lutz motioned to excuse Commissioner Cribb's absence; motion seconded
by Commissioner Leo; unanimously approved 6:0.
7. Adjournment: 8:08 P.M.
Martha Ramirez
Commission Secretary
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Planning Commission Minutes 7 December 22, 2003