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HomeMy WebLinkAbout11/12/1996MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION NOVSMBSR 12, 1996 The Regular Meeting of the Santa Ana Planning Commission was called to order by Madam Chair Brown at 6:05 p.m. in the City Council Chambers, located at 22 Civic Center Plaza, Room 147, Santa Ana, California. Other Commissioners present included: Halle, Doughty, Mondo, Pedroza, and Oliver arrived at 6:19 p.m. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Linda Hale, Senior Planner; Tom Childress, Associate Planner; Pamela Lucado, Public Works Agency; Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-JOhnaon, Recording Secretary. A. Approval of the Minutes from the Regular Meeting of October 14, 1996. Approve the Minutes of the Regular Meeting of October 14, 1996. B. Reconsideration of actions taken at the previous meeting. None. C. CONDITIONAL USE PERMIT NO. 36-35 (Jamie Watanabe) Filed by Ms. Martha Peres to allow a Type 41 Alcoholic Beverage Control License in order to sell beer and wine for on-premise consumption at the Zapopan restaurant located at 414 North Euclid Avenue in the Community Commercial (C1) zoning district. Confirm the action of the Zoning Administrator approving Conditional Use Permit No. 96-35 ae conditioned and adopt the findings as submitted by staff. D. CONDITIONAL USE PERMIT NO. 96-34 (Lynnette Perry) Filed by Ms. Catherine Alonso to allow a Type 20 Alcoholic Beverage Control License in order to sell beer and wine for off-premise consumption at the McFadden Market located at 902 West McFadden Avenue in the Two-Family ' Residential (R2) zoning district. RECOMMENDATION: Confirm the action of the Zoning Administrator denying Conditional Use Permit No. 96-34 and adopt the findings as submitted by staff. E. CONDITIONAL USE PERMIT NO. 95-01 (Lynnette Perry) Filed by Mr. Faruq Jurjis to modify the conditions of approval in order to allow dancing, amplified music, four musicians, and signage advertising cocktails, happy hour and entertainment at the Continental Restaurant located at 301 North Tustin Avenue in the Professional (P) zoning district. RECONMENDATION: 1. Confirm the action of the Zoning Administrator approving modifications to the conditions of approval for Conditional Use Permit No. 95-01 to allow dancing, music, and musicians. 2. Confirm the action of the Zoning Administrator denying the request for modifications to the conditions of approval for Conditional Use Permit No. 95-01 to allow signage advertising cocktails, happy hour, and entertainment. F. CONDITIONAL USE PERMIT NO. 96-33 (Tom Childress) Filed by Mr. Vali Nitu to allow a Type 41 Alcoholic Beverage Control License in order to sell beer and wine for on-premise consumption at the Restaurant Bucharest located at 2421 North Grand Avenue in the Arterial Commercial (CS) Zoning district. RECOMMENDATION: Confirm the action of the Zoning Administrator approving Conditional Use Permit No. 96-33 as conditioned and adopt the findings as submitted by staff. *See Executive Director comments. G. HISTORICAL PROJECT REVIEW NO. 96-04 (Kurth Nelson) Filed by Mr. Hector Tarango to allow a two bedroom and bathroom addition to an existing single family residence located at 515 South Ross Street in the Specific Development 40 zoning district. Approve Historical Project Review No. 96-04. H. HISTORICAL PROJECT REVIEW NO. 96-OS (Kurth Nelson) Filed by Mr. David Lambert to rebuild a fire damaged garage located at 620, 622, and 622 1/2 South Sycamore in the Specific Development 40 zoning district. ' Approve Historical Project Review No. 96-05. I. HISTORICAL PROJECT REVIEW NO. 96-09 (Kevin Joe) Filed by Mr. Raul Jimenez to construct a new wood deck approximately 80 square feet in the side yard of an existing residence located at 801 North Minter Street in the Specific Development 19 zoning district. RECOMMENDATION: Approve Historical Project Review No. 96-09. *** E N D OF C O N S E N T*** Commissioner Mondo indicated that he would abstain from voting on item F and removed items C and E from the Consent Calendar. Madam Chair Brown indicated that she would remove item H from the Consent Calendar. Commissioner Doughty removed item D from the consent calendar and moved to approve the remaining items on the Consent Calendar. Commissioner Nalle seconded the motions. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura ABSTAINED: Mondo (Conditional Use Permit No. 96-33) Commissioner Mondo indicated that on item C, Conditional Use Permit No. 96- 35, condition number 18 was incomplete. Mr. Mike Mccoy indicated that the incomplete wording should read: -the existing project's lighting, door/window locking devices comply with current City standards. Commissioner Mondo also indicated that the Zoning Administrator's minutes reference a phone condition, however the conditions of approval do not mention any conditions related to phones. Ms. Yolanda Pena indicated that she would need to check her records for the phone issue. Mr. Adams requested the Commission vote on the item and he would inform the Commission on the corrective action taken from staff. Commissioner Doughty moved to approve Conditional Use Permit no. 96-35. The motion was seconded by Commissioner Mondo. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura Commissioner Doughty indicated that she felt the McFadden Market was a nice market and requested information on the types of crime that occurred for item D, Conditional Use Permit No. 96-34. Ms. Pena indicated that the area was considered average in crime. Mr. McCoy commented that under the previous owner of the market had had a high percentage of beer theft. Madam Chair Brown asked if there had been any correspondence received for the project. Ms. Lynnette Perry, Assistant Planner lI, indicated that there had been a petition submitted in opposition to the project and the adjacent school district was also opposing the project. --- Commissioner Pedroza moved to deny Conditional Use Permit No. 96-34. The motion was seconded by Commissioner Na11e. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura Madam Chair Brown asked if staff was recommending approval of the dance permit on item E. PLANNING COMMISSION MINUTES 2 NOVEMBER 12, 1996 Ma. Pena responded that staff would recommend approval. Madam Chair Brown asked the statue on the existing signage. Ma. Perry indicated that the actual signage was approved but not installed per sign permit. The sign is 16 inches apart which makes the signage appear as though there are two signs. Commissioner Mondo asked if condition number 20 was for outside promoters. Ms. Pena responded yes, it was a standard dance permit condition. Commissioner Na11e moved to approve Conditional Use Permit No. 95-01. The motion was seconded by Commissioner Mondo. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura Commissioner Mondo asked for information on an exhibit for Historical project Review No. 96-05. After a brief discussion, Commissioner Mondo moved to approved Historical Project Review No. 96-05. The motion was seconded by Commissioner Nalle. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura Commissioner Doughty asked if a permit was issued for the project. Ms. Uptegraff indicated that staff would check the status of code compliance and provide the Commission additional information in necessary. J. CONDITIONAL USE PERMIT NO. 95-02 (Vince Fregoso) Annual review of Conditional Use Permit No. 95-02 for a McDOnald's drive- through restaurant located at 2300 South Main Street. RECOMMENDATION: Receive and file the annual review of Conditional Use Permit No. 95-02. ' Commissioner Mondo indicated that he would like to continue Conditional Use Pernit No. 95-02 to December 9, 1996 while the applicant addresses phone and -- signage issues. The motion was seconded by Commissioner Nalle. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura R. CONDITIONAL USE PERMIT NO. 94-10 AND VARIANCE NO. 94-07 (Vince Fregoso) Annual review of Conditional Use Permit No. 94-10 and Variance No. 94-07 for the National Sports Grill located at 101 East Sandpointe Avenue in the General Commercial (C2) zoning district. RECOMMENDATION: Receive and file the annual review of Conditional Use Permit No. 94-10 and Variance No. 94-07. Mr. Vince Fregoso, Associate Planner, provide an overview of the staff report. Commissioner Oliver asked if the violations indicated on the staff report were usual. Mr. McCoy indicated that the were typical violations. Commissioner Nalle moved to receive and file the staff report for Conditional Use Permit No. 94-10 and Variance No. 94-D7. The motion was seconded by Commissioner Mondo. AYES: Brown, Nalle, Oliver, Doughty, Mondo, and Pedroza NOES: None ABSENT: Segura L. CONDITIONAL USE PERMIT NO. 95-38 (Tom Childress) To begin revocation proceedings for KD's Donuts located at 2102 South Main Street. RECOMMENDATION: PWNNINC COMMISSION MINUTES 3 NOVEMBER 12, 1996 Direct staff to begin revocation proceedings for Conditional Use Permit No. 95-38. Mr. Tom Childress, Associate Planner, presented the staff report and indicated that this was the first step in revoking the conditional use permit per the applicant's request. Commissioner Mondo moved to direct staff to begin revocation proceedings for Conditional Use Permit No. 95-38. The motion was seconded by Commissioner Pedroza. AYES: Brown, Nalle, Oliver, Doughty, Mondo, and Pedroza NOES: None ABSENT: Segura M. MINOR EBCEPTION NO. 95-03 (Lynnette Perry) To begin revocation proceedings for the medical office located at 817 West Seventeenth Street. RECOMMENDATION: Direct staff to begin revocation proceedings for Minor Exception No. 96-03. Ms. Perry presented the staff report. A discussion was held between staff, the applicant, and the Commission. It was determined that the staff report figures on parking was not adequate enough for the Commission to take any action. Commissioner Na11e moved to continue Minor Exception No. 95-03 to December 9, 1996. The motion was seconded by Commissioner Mondo. AYES: Brown, Nalle, Oliver, Doughty, Mondo, and Pedroza NOES: None ABSENT: Segura N. Comments from the Executive Director. (Robyn Uptegraff) Ms. Uptegraff indicated that she had just had a discussion with the applicant for Conditional Use Permit No. 96-33. The applicant would like to be allowed an electrical guitar instead of an acoustic guitar. After further discussion, Commissioner Nalle moved to allow the applicant an amplified guitar. Commission Doughty seconded the motion with the revised conditions. AYES: Brown, Nalle, Oliver, Doughty, and Pedroza NOES: None ABSENT: Segura ABSTENTION: Mondo O. Comments from the Planning Manager. (Kenneth Adams) Mr. Adams informed the Commission that the General Plan study session would be held on Saturday, November 16, 1996 at 8:30 a. m. P. Comments from the Planning Commission. Madam Chair Brown informed staff that she had received some concerns from the Santiago neighborhood that the Shell service station had a check cashing facility and requested staff to verify if the use was allowable. Mr. Adams indicated that if an occupancy permit had been issued, it would not be a land use issue for staff. Mr. McCoy indicated that if check cashing operations were taking place, there would be Police Department concerns and requirements. Commissioner Doughty requested staff to inform whomever controls the air time of the City Council sessions discontinue airing the Council session that Councilman Moreno's conduct and behavior was inappropriate. Commissioner Doughty informed staff that she had received several complaints from the neighborhood regarding the E1 Comal restaurant and asked if staff could do something regarding the burned portions of the restaurant. Mr. Adams indicated that he was aware of some insurance concerns but staff at this time could not do anything to expedite the refurbishing of the restaurant. Commissioner Brown presented a recognition plaque. R. Recess. PLANNING COMMISSION MINUTES 4 NOVEMBER 12. 1996 ROLL CALL: The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Madam Chair Brown in the City Council Chambers, Room 147, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Commissioners Nalle, Oliver, Doughty, Mondo, and Pedroza. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Linda Hale, Senior Planner; Melanie McCann, Assistant Planner II; Pam Lucado, Public Worke Agency; Mike McCoy and Yolanda Pena, Police Department; Sharon McCain-Johnson, and Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Madam Chair Brown. PROCEDURAL RULES: The procedural rules for the seas ion were read by Madam Chair Brown. PUBLIC BEARINGS, ROOM 147, 7:00 o.m. 1. GENERAL PLAN AMENDMENT NO. 96-OS AND AMENDMENT APPLICATION NO. 96-10 (Melanie McCann) Filed by Nest USA to redesignate properties from Professional and Administrative office (PAO) land use designation to Medium Density Residential (MR) and Institutional (I) and to rezone properties from Professional (P) to Two-Family Residential (R2) for areas surrounded by Sixth Street, Civic Center, Baker Street and Shelton. LEGAL NOTICED: November 3, 1996 PUBLIC NOTICED: November 4, 1996 1. Recommend that the City Council adopt a resolution approving General Plan Amendment Nc. 96-08 to amend the Land Use Element of the General Plan. 2. Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-10. Ms. Melanie McCann, Assistant Planner II, presented the staff. The following member of the public expressed concern and opposition for the project: Ted William Rene Banuelos Commissioners Mondo and Oliver expressed concern with the project. In addition, Commissioner Mondo indicated that the proposed project would affect 11 of 19 single family residential parcels allowing denser multi family development. Madam Chair Brown indicated that she would like staff to provide more information regarding the proposed zone change. Mr. Adams reminded the Commission that there were two issues: 1) land use determination; and 2) the density issue. After further discussion, Madam Chair Brown moved to continue General Plan Amendment No. 96-08 and Amendment Application No. 96-10. The motion was seconded by Commissioner Oliver. AYES: Brown, Na11e, Oliver, Doughty, Mondo, and Pedroza NOES: None ABSENT: Segura $. ORAL COMMUNICATIONS - COMMENTS FROM THE PUBLIC. (For matters not previously listed on the Aaendal There were no oral comments. 6. ERCUSE OF ABSENCES. Commissioner Mondo moved to excuse the absence of Commissioner Segura. The motion was seconded by Commissioner Pedroza and unanimously passed. PLANNIIJG COMMISSION MN]UTES $ NOVHMllBR 12, 1996 7. ADJOURNMENT. The meeting adjourned at 7:52 p.m. SMJ r r B ~ Mad P nn' q Commission PLANNBVG COMMISSION MAIUTES ( NOVEMBER 12, 1996