HomeMy WebLinkAbout09-22-2003ACTION MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA
SEPTEMBER 22, 2003
CALLED TO ORDER 5: 34 P.M.
City Hall Ross Annex
First Floor Conference Room 1600
20 Civic Center Plaza, Santa Ana, California
ATTENDANCE COMMISSIONERS Present:
Alexander Nalle, Chairman
Don Cribb, Vice Chair
Harvey De La Torre
Christopher Leo
Tom Lutz
Glenn Mondo
Kimberly Sinclair (5:45 p.m.)
STAFF PRESENT Cynthia J. Nelson, Deputy City Manager
Vince Fregoso, Senior Planner
Benjamin Kaufman, Chief Assistant City Attorney
Mike McCoy, Police Department
Yolanda Pena, Police Department
Laura Johnson, Recording Secretary
CONSENT CALENDAR
Motion to approve staff recommendations on the following Consent
Calendar items.
MOTION: Mondo SECOND: Leo
VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6)
NOES: None (0)
ABSENT: Sinclair (1)
ABSTENTION: None (0)
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the minutes from the regular meeting of September 8, 2003.
B. RECORDING SECRETARY REPORT
The following were posted pursuant to the Brown Act and the Maddy Act.
Pursuant to the Brown Act and the Maddy Act, the September 8, 2003 Agenda
for the Regular Meeting was posted on the door of the City Hall Council
Chambers at 22 Civic Center Plaza on September 5, 2003 at 2:30 p.m.
RECOMMENDATION:
Instruct the Commission Secretary to enter posting into the minutes.
C. CONDITIONAL USE PERMIT NO. 2003-21
Filed by Dan Schultz for CVS Pharmacy to allow a Type 20 (off-sale beer and
wine) ABC License at a CVS Pharmacy located at 2330 South Main Street.
RECOMMENDATION:
Receive and file the staff report denying Conditional Use Permit No. 2003-21.
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING
AGENDIZED PROJECTS)
Commissioners De La Torre, Leo, Lutz, and Mondo disclosed that they had
communication with Mr. Irv Pickier regarding Item 4 on the agenda.
Chairman Nalle disclosed at Mr. Pickler's request, he left a message for him and
never received a call back.
WORK STUDY SESSION
E. ART IN PUBLIC PLACES POLICY
(Continued by the Planning Commission on August 11, 2003 to September 22, 2003.)
Cynthia Nelson, Deputy City Manager for Development Services, provided an
update on the issue and advised that the revised summary had been prepared in
conjunction with the City Attorney's office. She outlined the major changes that
had been made since the original draft and noted that the legal section would
remain the same.
Discussion was held regarding how the required amount would be determined
and for what type of project, potential list of approved artists and criteria,
notification to the business community, and Planning Commission representative
to the Ad Hoc committee.
The Commission expressed concern regarding who would make the selection of
the art included in the project, the quality of art that would be selected, and if an
art requirement was appropriate during a time of budget issues. It was noted that
an art policy had been considered previously and no action had been taken. Ms.
Nelson outlined the differences in what had been previously considered and what
was now being proposed. She noted that the policy would direct the process to
have art included in development only when discretionary actions are involved.
Mike McGee, CSUF, commented that he had seen the draft and would
encourage the Commission to request input from the art community. He offered
his services to review the draft and suggested Jay Willis from USC and Richard
Turner from Chapman University could provide beneficial input. He suggested
that professional standards, criteria, and a list of recommended artists should be
included.
Ben Kaufman, Chief Assistant City Attorney noted that the first amendment does
not allow the City to select what the developer would purchase when using their
own funds.
Discussion was held regarding whether the City should ask for an art
contribution, current policy, and City Council direction.
PLANNING COMMISSION MINUTES 2 September 22, 2003
It was the consensus of the Commission to have Mr. McGee, Mr. Willis, and Mr.
Turner review and provide comments on the current draft. The draft policy will
then be returned to Planning Commission for recommendation to the City
Council.
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F. Recess To Council Chambers - 6:20 P.M.
PLANNING COMMISSION MINUTES
September 22, 2003
ACTION MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
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ROLL CALL
Same Members Present
PLEDGE OF ALLEGIANCE
PROCEDURAL RULES
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT NO.2003-20
SEPTEMBER 22, 2003
6:25 P.M.
Filed by CVS Pharmacy to allow the after-hours operation of a retail pharmacy/
drive-through between the hours of 12:00 midnight and 5:00 a.m. seven days a
week at 2330 South Main Street.
PUBLISHED IN THE ORANGE COUNTY REPORTER: September 12, 2003
PUBLICLY NOTICED: September 12, 2003
RECOMMENDATION:
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1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2002-410.
2. Adopt a resolution approving Conditional Use Permit No. 2003-20 as
conditioned.
Bill Apple, Associate Planner, provided the staff report and recommendation.
Discussion was held regarding the location of parking, graffiti prevention and
signage.
Chairman Nalle opened the public hearing.
Roger Barbosa, Milestone Management representing the applicant, noted that
they had reviewed the conditions and did not have any objections. He advised
the Commission that they would be happy to add vines where needed for graffiti
prevention.
Chairman Nalle closed the public hearing.
Motion to:
1. Approve and adopt Mitigated Negative Declaration and Monitoring
Program for Environmental Review No. 2002-410.
2. Adopt a resolution approving Conditional Use Permit No. 2003-20 as
conditioned.
MOTION: De La Torre SECOND: Cribb
VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7)
NOES: None (0)
ABSENT: None (0)
ABSTENTION: None (0)
NING COMMISSION MINUTES 4 September 22, 2003
2. CONDITIONAL USE PERMIT NO. 2003-22
Filed by AT&T Wireless to construct a 60-foot cellular mono-palm at 1821 East
Newport Circle.
PUBLISHED IN THE ORANGE COUNTY REPORTER: September 12, 2003
PUBLICLY NOTICED: September 12, 2003
RECOMMENDATION:
Adopt a resolution approving conditional Use Permit No. 2003-22 as conditioned.
Bill Apple, Associate Planner, provided the staff report and recommendation.
Chairman Nalle opened the public hearing.
Shannon Morrelli, representing the applicant, noted that this will replace a
temporary facility and allow continuing service to their customers.
Chairman Nalle closed the public hearing.
Motion to adopt a resolution approving Conditional Use Permit No. 2003-22
as conditioned.
MOTION: Lutz SECOND: Cribb
VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7)
NOES: None (0)
ABSENT: None (0)
ABSTENTION: None (0)
3. CONDITIONAL USE PERMIT NO. 2003-19
Filed by American Behavioral Studies to allow a professional trade school at 525
North Cabrillo Park Drive, Suite 150, in the Professional zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: September 12, 2003
PUBLICLY NOTICED: September 12, 2003
RECOMMENDATION:
Adopt a resolution approving conditional Use Permit No. 2003-19 as conditioned.
Pedro Guillen, Assistant Planner provided the staff report and recommendation.
Chairman Nalle opened the public hearing.
Donald Rowern, representing the applicant, spoke in support of the project and
noted number of students anticipated and course of study.
Chairman Nalle closed the public hearing.
Motion fo adopt a resolution approving Conditional Use Permit No. 2003-19
as conditioned.
MOTION: Cribb
SECOND: Mondo
VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7)
NOES: None (0)
ABSENT: None (0)
ABSTENTION: None (0)
PLANNING COMMISSION MINUTES 5 September 22, 2003
4. CONDITIONAL USE PERMIT NO.2003-23
Filed by Archangel Michael Coptic Orthodox Church located at 4405 West
Edinger Avenue to allow the expansion of the church parking lot and to modify an
existing condition of approval to allow two church services at one time.
PUBLISHED IN THE ORANGE COUNTY REPORTER: September 12, 2003
PUBLICLY NOTICED: September 12, 2003
RECOMMENDATION:
1. Adopt a resolution approving conditional Use Permit No. 2003-23 as
conditioned.
2. Deny the request to modify a condition of approval for Conditional. Use
Permit No. 88-11.
Motion to continue to October 13, 2003.
MOTION: Lutz SECOND: Cribb
VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7)
NOES: None (0)
ABSENT: None (0)
ABSTENTION: None (0)
COMMENTS
5. Public Comments
Cynthia Criollos spoke on behalf of EI Sol Academy, distributed information
regarding their campus, and invited the Commissioners to tour the school. She
advised the Commission that there was a current enrollment of 260 students in
Kindergarten through 3rd grade.
6. Staff Comments
Cynthia Nelson
• Noted that the Starbucks at Bristol and Memory Lane had been approved
by City Council.
• Advised that the appeal by the Rockharbor Church will be heard by City
Council on October 6, 2003.
• Advised that the appeal of the Planning Commission decision concerning
1811 N. Heliotrope will be heard by City Council on October 6, 2003.
• Advised that the general plan zone change concerning the property at
1302 N. Fourteenth Street will be heard by City Council on October 6,
2003.
• Noted that the Response to Comments from the public hearing on the
Draft Environmental Impact Report for One Broadway Plaza should be
completed in approximately six weeks.
• Advised that Laura Johnson, the Commission Secretary, was retiring and
that this was her last meeting.
7. Planning Commission Comments
Commissioner Lutz
• Noted that an article in CityLine had stated that the stop light at Bristol and
Hemlock could be activated by hospital staff and asked if this was correct.
Ms. Nelson will contact Public Works.
PLANNING COMMISSION MINUTES 6 September 22, 2003
Commissioner Cribb
• Requested status of the monopalm at 17th and Fairview. Mr. Fregoso
advised that it is in plancheck.
• Noted that the property located at 2407 N. Spurgeon needed maintenance
and requested staff to investigate.
• Requested staff to investigate the "new development coming soon" signs
at 17th and Grand.
Commissioner Mondo
• Noted that there was a dead palm tree by the monopalm on Main Street
south of First Street and north of Edinger.
• Noted that the "Great Things to Come" signs at Lily King Park are covered
with graffiti and requested that they be cleaned or taken down.
• Asked if determination had been made concerning the ability to buy out
ABC licenses. Ms. Nelson noted that several meetings had been held and
that the decision had been made not to pursue.
Commissioner Sinclair
• Requested a copy of the memo concerning the construction at Bristol and
Bishop Streets.
• Asked if a study session regarding the proposed One Broadway Plaza
project will be held. Ms. Nelson advised that it would be held on October
13.
• Asked what costs were involved in the appeal process. Ms. Nelson
advised that the fees can vary.
Commissioner Leo
• Requested an update on the lights on the Discovery Science Cube and
was advised that staff is working on it.
• Noted that he had observed considerable abuse of the traffic regulations
at the corner of Memory Lane and Flower and requested that the Police
Department monitor the area.
• Requested an update on the status of the French Park Traffic Plan. Mr.
Kaufman noted that the Public Works Agency is drafting a revised policy.
8. Excuse of Absences
None
9. Adjournment - 7:15 p.m.
The Commission adjourned in memory of Mike McGee's mother who recently
passed away.
Laura Johnson, Recording Secretary
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PLANNING COMMISSION MINUTES 7 Septem