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HomeMy WebLinkAbout04/22/1996MINUTES OF THB R86VLAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION April 22, 1996 1 The Regular Meeting of the Santa Ana Planning Commission was called to order by Madam Chair Brown at 6:10 p.m. in the City Council Chambers, located at 22 Civic Center Plaza, Room lA7 Santa Ana, California. Other Commissioners present included: Nalle, Oliver, Mondo, Pedroza, and Segura. Also in attendance were Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Tom Childress, Associate Planner; Joseph Edwards, Associate Planners; Lynnette Pedroza, Assistant Planner II; Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-JOhnaon, Recording Secretary. A. B C. Approval of the Minutes from the Regular Meeting of April 8, 1996. RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 8, 1996. Reconsideration of actions taken at the previous meeting. None. CONDITIONAL USS PERMIT NO. 92-19 (Tom Childress) Annual review of Conditional Use Permit No. 92-19 to allow the sale of beer and wine for on-premise consumption for the Topaz Restaurant located at 2002 North Main Street. (Continued by Planning Commission April 8, 1996 to April 22, 1996) Continue Conditional Use Permit No. 92-19 to May 13, 1996. *** E N D O F C O N S E N T C A L E N D A R*** Commissioner Oliver removed the minutes from the Consent Calendar and Commissioners Oliver, Mondo, and Nalle made revieiona to the minutes for the April 8, meeting. (Changes are included for the revised minutes of April 8, 1996) After revieiona were noted Commissioner Mondo moved to approve the Consent Calendar. The motion was seconded by Commissioner Doughty. AYES: Brown, Oliver, Doughty, Mondo, Nalle, Pedroza, and Segura NOES: None ABSENT: None D. Update on French Park (SD 19) revieiona. (Joseph Edwards) Mr. Joseph Edwards, Associate Planner, provided an update on the Specific Development for the French Park area. He diacusaed the major proposed changes to the document which would be forthcoming for Planning Commission review. of major concern, was the neighborhoods request to allow more flexibility in design standards and land uses. In addition, the French Park Design Review Committee prepared architectural guidelines which it proposes to use in preparing recommendations for development projects. Changes in land uses were also proposed which would allow professional office uses by right and professional office/single-family residential mixed-use opportunities in the neighborhood with conditional use permit approval. Temporary outdoor activities such as Artist Tours, are also contained within the document. Members of the Historic French Park Neighborhood Association attended and responded to general questions raised by the Commission. Present were Debbie McRUen, President and Diane Marsh of the Historic French Park Neighborhood AsaOClatiOR. The issue of professional office opportunities based on sites available to accommodate the use was diacusaed. Commissioners requested information be provided on vacant buildings and properties which could potentially be converted to professional office; staff conduct a neighborhood meeting apprising the residents and property owners of the proposed changes; staff also was requested to notify specific property owners of the public hearing in lieu of a general notice. The Commission voiced concerns regarding the impacts that the proposed uses may impose on the residential character of the neighborhood namely traffic congestion and limited parking. Mr. Adema commented that as ie currently the case, all development proposals involving exterior modifications and new development proposals will be forwarded to the neighborhood for review and the Planning Commission for final determination. Being that the neighborhood desires to review design and architectural issues independently, it is proposed that recommendations regarding design issues will be directly forwarded to Planning Commission from Historic French Park Neighborhood Association. In the proposal, staff will act as the conduit to bring recommendations from the neighborhood to the Planning Commission for decision or resolution should disagreements arise between applicants and the Historical French Park Neighborhood. Staff will no longer provide a recommendation to Planning Commission on architectural design issues. E. Comments from the Executive Director. (Robyn Uptegraff) ' No comments were made. F. Comments from the Planning Manager. (Kenneth Adams) No comments were made. 4. Comments from the Planning Commission. Commissioner Mondo thanked staff for the update on Leo's towing and requested a continuous update on the status of the tow yard for each Planning Commission meeting. Commissioner Nalle reported that there were planters adjacent to the law library that had been empty for a lengthy period of time; the planters were unsightly; the bricks and pavement were cracked and needed repair. In addition, he asked staff who handled the maintenance of the planters. Mr. Adams indicated that the Civic CenterCOmmisaion had the authority and he would inform the Commission regarding the status of the planters. Commissioner Pedroza reported that the billboard on Main and First Streets had graffiti. Madam Chair Brown asked if the owner of the billboard could be noticed of the graffiti. Mr. Adams responded that the owner could be notified. Commissioner Pedroza further commented that staff had done a wonderful job on the redesigned landscape upgrades at Madison Park and requested that her comments be passed along to the Recreation and Community Services Agency. Madam Chair Brown stated that there had been a disturbing incident at Centennial Park recently and she would submit a formal letter to the City Manager. Commissioner Oliver asked if a bus turn-in could be created on Seventeenth and Bristol Streets at the Bristol Market Place. Mr. Adams indicated that Ms. Pam Lucado of the Public Works Agency handled the street improvements and the request would be made through her. Commissioner Doughty asked if there had been any proposals for the Vona shopping center on Bristol Street and Memory Lane. Mr. Adams stated that staff had not received any proposals for the area. Commissioner Doughty asked for an update on the status was on 2828 North Bristol and Commissioner Na11e asked who was paying for the demolition. Ms. Uptegraff indicated that there had been a recent fire at the location and the demolition process was continuing; and Mr. Adams indicated that Mr. Blackburn was paying for the demolition. J. Recess. I~J PLANNIIJG COMMISSION MINO'1'FS 2 APRIL 22, 1996 COUNCIL CRAMBERS 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, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Commissioners Nalle, Oliver, Mondo, Doughty, Pedroza, and Segura. Also in attendance were: Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Vince Fregoso, Associate Planner; Larry Yenglin, Associate Planner; Tom Childress, Associate Planner; Lynnette Perry, Assistant Planner II; Pam Lucado, Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-Johnson, 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 session were read by Madam Chair Brown. PUBLIC BEARINGS, 7:00 o.m., COUNCIL CHAMBERS 1. APPEAL NO. 96-02 (Lynnette Perry) Filed by Mr. Elias Kawaja and Mr. Emad Salameh to appeal the decision of the Zoning Aministrator not to allow the sale of beer and wine for off-premise consumption at K and S Food Store located at 2626 North Bristol Street. (Continued by Planning Commission April 8,.1996 to April 22, 1996) LEGAL NOTICED: March 29, 1996 PUBLIC NOTICED: March 28, 1996 Confirm the Action of the Zoning Administrator denying Conditional Use Permit No. 96-OS and adopt the findings as submitted by staff. Mr. Adams informed the Commission that the item had been continued from the previous Planning Commission meeting for staff to prepare a chronology of events for the project. The legal report had not been included in the staff report but the proceedings would be available if requested. Madam Chair asked the applicants if they would like to make any further comments. Mr. Roger Diamond, representing the applicants, indicated that at the previous Planning Commission meeting there was a 3:3 vote to deny the request. Once more, Mr. Diamond explained that the site had previously been a 7-Eleven store with the ability to sell beer and wine. When the applicants had begun operations they had wished to continue the operations of the convenience store and the ability to sell beer and wine. Unknown to the applicants, an ordinance had been passed and a Conditional Use Permit was needed within six months of 7-Eleven ceasing operations in order for the applicants to sell beer and wine. Mr. Diamond further indicated that the applicants believed that staff did not provide proper assistance or guidance to the applicant and worked along with the ABC board to delay the process causing the six month time period to expire. Mr. Diamond also mentioned that the neighborhood supported the project. Madam Chair Brown noted that the public hearing had been conducted at the previous Planning Commission meeting of April 8, 1996. Commissioner Doughty asked if staff had any comments in response to Mr. Diamond. [] Mr. Adams stated that in 1986, City Council directed the Planning Commies ion to craft a set of standards and to evaluate the standards for alcoholic sales. An ordinance was adopted to prevent alcoholic sales within 1,000 feet of other approved businesses with the ability to sell alcohol. Mr. Adams referred to Exhibit 5 of the staff report and noted that the applicant came into the process late. At the time the application was filed, a conditional use permit was not needed. However, the applicant had an error on the application; the application was returned to the applicant by the Police Department and the applicant failed to return the application within the six month timeframe. Commissioner Doughty asked what was the current crime rate at the location. Ms. Yolanda Pena, Police Department, responded that in 1994 there had been a total of 14 police related incidents reported. In 1995, there had been one police related incident. However, in the past five years from 1989-1995, there had been a total of 65 police related incidents reported. Madam Chair Brown indicated that the applicant had been informed of some discrepancies on the petition submitted and asked if an additional petition had been submitted. PLANNING COMMISSION MIIJU7'CS 3 APRIL zz, lvsb Mr. Charles View, Senior Planner, responded that the petition had been submitted at the Zoning Administration Hearing and no additional petition had been submitted since that hearing. Commissioner Doughty asked what the hours of operation were for the convenience store; if the adjacent neighborhood had been informed of the project; and if staff had received any correspondence from the neighborhood. Mr. Emad Salameh, applicant, responded that the hours of operation were from 5:00 a.m. to 9:00 p.m. He also added that throughout the past year of operations, he had cooperated with staff and he felt that the case was handled very poorly. ' Ms. Perry indicated that the neighborhood had been notified and no ondence had been received corres p . Commissioner Nalle asked Mr. Diamond if he had read the chronology and if he felt the chronology was accurate. Mr. Diamond responded that he had reviewed the chronology of events. He did not agree with the July 17, 1995 entry regarding Judge Seymore determining that the City had responded within a timely manner. The entry should have said that the Police Department approved the granting of the alcohol license with conditions. However, the chronology was essentially accurate. He also expressed that the person who created the chronology used language to cause prejudice and to mislead the Commission. He further added, that the March 24 entry supports his argument that the conditional use permit was recommended to be approved with conditions. Mr. Adams corrected Mr. Diamond and stated to the Commission that staff did not have the authority to approve a conditional use permit. Madam Chair Brown indicated to Mr. Diamond that the chronology indicated that on March 10, 1995 the Police Department revealed that the application was incomplete and asked why the applicants had not addressed that issue. Mr. Diamond responded that the chronology was not true because the Police Department had discussed conditions of approval for the license. Commissioner Segura moved to deny the appeal for Conditional Use Permit No. 96-5. She further indicated that she did not feel that the case was unique. There were some items missing when the permit was submitted and the items that staff had requested, had not been submitted within the timeframe. The crime rate may have been lowered due to the applicants management but not having the ability to sale beer and wine was also a contributing factor. Commissioner Oliver seconded the motion. In addition, he indicated that he agreed with Commissioner Segura that not having the ability to sale beer and wine was a contributing factor to the reduction in police related incidents. He also reminded the other Commissioners that there was a narrow issue whether or not a conditional use permit should be approved. Mr. Diamond pointed out a lapse in the process; but that was not the issue at this meeting and there would be ample opportunity to deal with the other issues in another form. However, Commissioner Oliver respectfully stated that the community in that vicinity would be better off not having another outlet that sold beer and wine. Commissioner Nalle commented that this was a case in which there had been a series of errors. He indicated that he felt the errors were not intentional by staff but felt it would not be fair to the applicants to deny their request. Commissioner Doughty indicated that she normally turned down requests for alcoholic sales but she felt that there was a calamity in the process and she would vote against the motion. In addition, she stressed that she felt the City had enough businesses that sold alcohol. AYES: Pedroza, Brown, Oliver and Segura NOES: Doughty, Nalle, and Mondo ABSENT: None 2. CONDITIONAL USE PERMIT NO. 96-09 (Tom Childress) Filed by Mr. R.C. Thompson to allow after hour operations at an existing Del Taco located at 2841 West Warner Avenue in the Community Commercial (C1) zoning district. LEGAL NOTICED: April 9, 1996 PUBLIC NOTICED: April 9, 1996 RECOMMENDATION: Approve Conditional Use Permit No. 96-09 as conditioned by staff and adopt the findings as submitted by staff. PLANNING COMMISSION MINUTES 4 APRIL 22, 1996 Mr. Tom Childress, Associate Planner, provided an overview of the staff report and indicated that on March 11, 1996, Conditional Use Pernit No. 96- 09 was presented to the Planning Commission and was approved. Prior to the April 1, 1996, City Council meeting, staff had receive a letter from the adjacent property owner stating that he was unable to attend the hearing due to being out of town and requested that his position be relayed to the Council prior to rendering a final decision. City Council remanded the decision back to the Planning Commission to reconsider their action. In addition, Mr. Childress stated that staff's recommendation for the project was to approve the request. ' Mr. Ted Vandling, adjacent property owner, indicated that he would like to request that the hours of operations be limited to 10:00 p.m. due to the amount of criminal activity in the neighborhood. In addition, Mr. Vandling also expressed concerns regarding security for the neighborhood if the hours went beyond 10:00 p.m. Mr. Lou Cardona, Bella Vista Apartments, indicated that the distance from the restaurant to his front door was approximately 50 feet. He further stated that there had been an increase in noise and loud music during the late night hours; and he believed the nearby night club traffic of Paddy Murphy's would relocate to the restaurant if it remained open during extended hours causing more aggravation to the situation. Commissioner Oliver sympathetically expressed his concern with the gentlemen and questioned the need for Del Taco to remain open for after hour operations. Mr. Adams informed the Commissioners that the request from the applicants is to maintain the 24 hour operation of the restaurant. The Commission could place restricted hours of operation on the restaurant or approve or deny the applicant's request. Commissioner Oliver moved to deny Conditional Use Permit No. 96-09 as conditioned and to approve Conditional Use Permit No. 96-09 with no restaurant operations between the hours of 12:00 a.m. to 6:00 a.m. Commissioner Doughty seconded the motion. Commissioner Nalle commented that the applicant's request was to remain open between the hours of 12:OD a.m. to 5:00 p.m. ' After further discussion, Commissioner Oliver withdrew his previous motion and moved to deny Conditional Use Permit No. 96-09. The motion was seconded by Commissioner Doughty. AYES: Brown, Oliver, Doughty, Nalle and Pedroza NOES: Mondo and Segura ABSENT: None 3. CONDITIONAL USE PERMIT NO. 96-14 (Larry Yenglin) Filed by Mercy HouseTransitional Living Centers to allow a transitional living center for up to 24 single men located at 210 East Sixteenth Street in the High Density Residential (R3) zoning district. LEGAL NOTICED: April 9, 1996 PUBLIC NOTICED: April 9, 1996 RECOMMENDATION: Approve Conditional Use Permit No. 96-14 as conditioned by staff and adopt the findings as submitted by staff. Mr. Larry Yenglin, Associate Planner, provided an overview of the applicants request to allow a transitional living center for 24 single men. In addition, he indicated that the center would provide counseling for the men; the residents of the center would not be serious offenders; and the community supports the proposal and staff recommends approval of the request. Commissioner Mondo asked what measures would be taken to select the residents. Mr. Larry Hanes, representing Mercy House, indicated that there was overwhelming support for the project; background checks would be done; and there would be 24 hour supervision on the premises. Commissioner Doughty asked how the lack of parking would be addressed. Mr. Hanes responded that there would be eight parking spaces. However, if the parking spaces were not adequate additional parking could be provided by the Regina House. Commissioner Oliver asked if felons or parolees would be residents at the center. PLANNING COMMISSION MR9llTPS 5 APRIL 22, 1996 Mr. Hanes indicated that he felt uncomfortable answering the question but he assured the Commissioners that if he felt someone would be disruptive to the community he would not place that person in the center. Commissioner Oliver asked if the community is entitled to be noticed if a sexual offender is placed in the community. Mr. Mike McCoy stated that sexual offenders are required to register with the Police Department. Mr. Jose Cruz, local resident, expressed concern with the project and stated that he felt uncomfortable with major male offenders in the area. In ' addition, he indicated that the neighborhood was supportive of the Regina House services and the property was very well maintained. Mr. Midi Nguyen, local resident, indicated that he owned the property next to the proposed project and expressed concern with living next door to a 24 hour living facility for men. He further stated that he felt the parking for the site would be inadequate to handle the needs of the center. However, Mr. Nguyen commented that the Mercy House had been a good neighbor in the community. Commissioner Mondo directed staff to notify the neighborhood of the internal review so that if there were any issues or concerns they could also be addressed. Mr. Edward McKie, indicated that he supported the proposed project and that the Joseph House had been in operation for five months and during that time there had not been any police related incidents. Commissioner Doughty moved to approve Conditional Use Permit No. 96-14. The motion was seconded by Commissioner Mondo with an added condition that a 90 day internal review be conducted after operations begin. Commissioner Mondo also mentioned that he was sensitive to the concerns raised by Mr. Cruz and Mr. Nguyen and requested that the property owners work with the neighbors to address any concerns. Commissioner Oliver indicated that he would support the project, however if the project was not very well maintained or conducted he would do everything possible to put an end to the intolerance. AYES: Brown, Nalle, Oliver, Doughty, Mondo, Nalle and Pedroza NOES: None ABSENT: None 5. ORAL COMMUNICATIONS - COMMENTS FROM TBE PUBLIC. (For matters not previously listed on the Aaendal There were no oral communications. 6. E%CUSE OF ABSENCES. There were no absences. 7. ADJOURNMENT. The meeting adjourned at 9:05 p.m. SMJ "Ma re Brown, Madam P1 nni g Commission PL4NNN]C COMMISSION MINUTCS 6 APAQ. 22, 1996