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HomeMy WebLinkAbout02/26/1996MINUTES OF THE REGULAR MBETINO CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION February 26, 1996 The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Mondo at 5:15 p.m. in the City Council Chambers, located at 22 Civic Center Plaza, Room 147 Santa Ana, California. Other Commissioners present included: Brown, Oliver, Doughty, Pedroza, and Nalle. Also in attendance were Kenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Gary Sheatz, Deputy City Attorney; Charles View, Senior Planner; Jeffry Rice, Senior Planner; Linda Hale, Senior Planner; Vince Fregoso, Associate Planner; Larry Yenglin, Associate Planner; Pam Lucado and Joyce Ameraon, Public Works Agency; Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain-JOhnaon, Recording Secretary. A 8 C Approval of the Minutes from the Regular Meeting of February 12, 1996. RECOIY~NDATION: Approve the Minutes of the Regular Meeting of February 12, 1996. Reconsideration of actions taken at the previous meeting. None. CONDITIONAL USS PERMIT NO. 96-002 (Lynnette Perry) Filed by Me. Maria Garcia to allow a Type 41 Alcohol Beverage Control license to permit the sale of beer and wine for on-premise consumption at an existing restaurant known as Don Juan located at 2217 North Fairview Street in the Single-Family Residential zoning district. Confirm the action of the Zoning Administrator approving Conditional Uee Permit No. 96-002 as conditioned by staff and adopt the findings ae submitted by staff. ***8 N D O F C O N S E N T C A L E N D A R*** D E Cortmieaioner Oliver moved to approve the Consent Calendar. The motion was seconfled by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura ELECTION OP OFFICERS Commissioner Oliver began by nominating Commissioner Brown ae Chairperson of the Planning Commission. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura Commissioner Brown nominated Commissioner Na11e as Vice Chairman. The motion was seconded by Commissioner Pedroza. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Na11e NOES: None ABSENT: Segura Commissioner Nalle nominated Commissioner Oliver as Pro Tem. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura Chairman Mondo stated that the new elected positions would be effective at the next Planning Commission meeting, March 11, 1996. DISCUSSION OF THE RIVERVIEW WEST MARRETPLACS (Larry Yenglin) Mr. Larry Yenglin lead the discussion regarding the Riverview West Market Place. He indicated that there were four outstanding issues: 1) pylon signs; 2) a fast food drive-through; 3) the hours of operation; and 4) special events and outdoor sales. Mr. Yenglin discussed that the neighborhood association did not support the basic pylon sign and the applicant proposed a sign envelope package. Staff did not support the drive- through lane. It was determined that the location of the drive-through would cause traffic, circulation, and safety problems and staff would recommend the applicant relocate the drive-through on the site. Staff also recommends that Wal*mart put forth their beat effort to control hours of delivery, but would recommend the remainder of the site to have restricted delivery hours. Commissioner Oliver asked if Wal'mart could receive deliveries at any time. Mr. Yenglin stated that deliveries could be received at any time of day. Commissioner Oliver asked if other centers in the City such as HomeBaee had delivery hour restrictions and expressed concerns regarding having no restricted delivery hours with the residential homes being adjacent to the site. Mr. Kenneth Adams stated that other centers such ae HomeBase did not have restricted delivery hours due to the location not being adjacent to residential areas. ' Commissioner Brown asked if the project could be conditioned to have a six month review to allow the neighborhood to address any concerns after the center opened. Mr. Adams stated that the Commission could modify the conditions and require a six month review. Mr. Richard Lay mentioned that the applicant could be cited if the center operations became a public nuisance. However, once a variance is granted, it would be difficult to revoke the variance as recourse. In addition, Mr. Yenglin discussed the special event and outdoor sales issues and indicated that the applicant was requesting an unlimited amount of special events and outdoor salsa, however staff recommends a maximum of 90 days of special events per year with no restrictions oneucceseive days. But the applicant would be required to complete all required City applications and pay all required fees for each event. F. THORTON PARR AND ROSITA PARR (Charles View) To name two public facilities; the Barrier Free Playground as Thorton Park located at 1$01 Weat Segreetrom Avenue and the Community Center at Roeita Park located at 706 North Newhope Street. Planning Commission policy. ' Mr. Charles View, Senior Planner, indicated that the Planning Division had received requests to name two public facilities: 1) the Barrier Free playground at Thornton Park be named to Riwanie Barrier Free Playground; and 2) the new community center at Roeita Park be named The Albert D. Salgado Community Center. In addition, Mr. View stated that Chapter 33 of the Municipal Code establishes the Planning Commission as the body responsible for naming public facilities. Commissioner Doughty moved to approve the two facilities to be named Kiwania Barrier Playground and Alberta D. Salgado Community Center. The motion was seconded by Commissioner Brown. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura O. CONDITIONAL USE PERMIT NO. 95-18 (Lynnette Perry) Filed by Ma. Alta Manning to allow expansion of the C.A.N.o. Headetart preschool located at 1735 North Grand Avenue. RECONIO^NIIATION t Modify the Conditions of approval for Conditional Use Permit No. 95-18. Chairman Mondo noted to the applicant that if there were any disagreements or any additional outstanding issues, the item would need to be set for public hearing. Me. Lynnette Perry, Assistant Planner II, indicated that at the direction of the Planning Commission, meetings were held between the applicant, Ma. Alta Manning and the Attorney for the Surburban Animal Hospital, Mr. James Martin. General agreements had been reached between the two parties and staff recommends some modifications to the conditions of approval and an annual review of the expansion for the next three years. Ma. Alta Manning, applicant, indicated that the project had been ongoing since 1995. She had tried to work with the Animal Hospital and had met with repreeentativea on several occasions. However, she was told by the other party that the beet thing for her to do would be to relocate the school to another site. Mr. James Martin, Attorney for Animal Hospital, indicated that the hospital was concerned with the school expansion having an adverse impact on the hospital. The major concern for the hospital was the amount of parking provided on the site and the width of the driveway. He felt the expansion PiANNP10 COI~U43SION MINU'1'PS 2 FEBRUARY 26, 1996 would cause an increase in traffic congestion. The Hospital was in general agreement but would like refinements. Sn addition, Mr. Martin indicated that the hospital would like all students at the school to be bussed; directional signs be installed to reduce congestion; parking be located at the rear of building; tow away vehicle signs; traffic control; and annual reviews of the project. H. I AYES: Mondo, Brown, Oliver, Dcughty, Pedroza, and Nalle NOES: None ABSENT: Segura CONDITIONAL USS PSRNIT NO. 92-23 (Vince Fregoao) J. L M. After further discussion. Chairman Mondo moved to set the item for a public hearing on March 11, 1996. The motion was seconded by Commissioner Nalle. Annual Review for Roxbury Nightclub located at 2 Hutton Center Plaza Drive. RECOMMENDATION: Receive and file the staff report for Conditional Use Permit No. 92-23 and direct staff to conduct a final review of the Roxbury Nightclub in six months. Mr. Fregoao, Associate Planner, provided a brief overview of the annual review of the Roxbury Nightclub. He indicated that the nightclub was under new management. The crime rate had been moderate, however, there had been some incidents of disturbing the peace and intoxication. Staff recommends a final review in six months to review the new management of the club. Commissioner Nalle moved to approve Conditional Use Permit No. 92-23 and directed staff to conduct a final review in six months. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura CONDITIONAL USE PERMIT NO. 94-16 (Vince Fregoao) Annual Review of Conditional Use Permit No. 94-16 for the Galaxy Concert Theatre located at 3503 South Harbor Boulevard. RECONNENDATION: Receive and file the staff report for Conditional Uee Permit No. 94-16. Mr. Vince Fregoao provided an overview of the annual review and indicated that the Galaxy Theater was in compliance with the conditions of approval. However, staff had some concerns regarding the number of incidents of drunkenness on the premises. The Police Department would work with the applicant and amend the security plan to include a process to assist the Galaxy Concert management to screen their patrons in order to limit the number of persona who may be intoxicated. Commissioner Brown moved to approve the annual review of Conditional Vae Permit No. 94-16. The motion was seconded by Commissioner Pedroza. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Nalle NOES: None ABSENT: Segura Comreats fror the 8xecutive Director. (Robyn Uptegraff) 1. Ms. Uptegraff informed the commission that she had recently received a proposal from the City of Orange to develop a 30 screen movie theater and discount center at what was previously known as The City Shopping Center and she would apprise the Commission of any new developments of the location; and 2. A new judge was appointed to handle the demolition case for 2828 North Bristol Street. Corrents fror the Planning Manager. (Kenneth Adams) Mr. Adams mentioned that E1 Comal'e request for an ABC license was denied by the Zoning Administrator and would be scheduled for the next Planning Commission meeting. Correnta fror tha Planning Corrisaion. Commissioner Oliver thanked Chairman Mondo for a superior job as Chairman to the Planning Commission. Recess. PLANNING COMMISSION MINU7'PS 3 PEBRUARY 26, 1996 PUBLIC HEARINGS ROLL CALLS The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Chairman Mondo in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at 7:00 p.m. Roll call was answered by Chairman Hondo and Comnissionera Brown, Oliver, Doughty, Na11e, Pedroza, Segura; and student representative Diana Lopez. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Gary Sheatz, Deputy City Attorney; Charles View, Senior Planner; Jeffry Rice, Senior Planner; Linda Hale, Senior Planner; Larry Yenglin, Associate Planner; Lynnette 1 Perry, Assistant Planner II; Pam Lucado, Joyce Amereon, and Shahir Gobran of Public Works Agency, Mike McCoy and Yolanda Pena, Police Department; and Sharon McCain- Johneon, Recording Secretary. PLEDGE OF ALLEGIANCE TO TBE FLAG: The Pledge of Allegiance was conducted by Chairman Mondo. PROCBDVRAL RULES: The procedural rules for the session were read by Chairman Mondo. PUBLIC BEARINOSi 1. CONDITIONAL USE PERMIT NO. 96-007 (Vince Fregoso) Filed by Mr. Jose Meza to allow after hour operations at an existing restaurant (E1 Comal) located at 901 Weat Seventeenth Streetin the Community Commercial (C1) zoning district. LEGAL NOTICED: February 11, 1996 PUBLIC NOTICED: February 12, 1996 Deny Conditional Uae Permit No. 96-007 and adopt the findings as submitted by staff. Chairman Hondo stated that he had received a request from Commissioner Doughty to continue Conditional Use Permit No. 96-07 to the next Planning Commission Meeting of March 11, 1996so both items for E1 Comal Restaurant could be addressed at the same time. The motion was seconded by Commissioner Brown. ' AYES: Mondo, Brown, Oliver, Doughty, Pedroza, Nalle, and Segura NOES: None ABSENT: None 2. CONDITIONAL USB PERMIT NO. 95-31. VARIANCE NO. 95-9. AND TENTATIVE PARCEL NAP NO. 95-173 (Larry Yenglin) Filed by DSL Service Company to allow a drive-through restaurant; a reduction in landscaping and parking; an increase in aignage; and exemption from loading and trash requirements located at 3600 Weat McFadden Avenue in the Specific Plan No. 2 zoning district. (Continued by Planning Commission from February 12, 1996 to February 26, 1996) LEGAL NOTICED: December 24, 1995 PUBLIC NOTICED: December 21, 1995 RECOMMENDATION: 1. Approve specific requests of Variance No. 95-9 as conditioned by staff; deny specific requests of Variance No. 95-9; and adopt the findings as submitted by staff; 2. Approve specific requeata of Conditional Use Permit No. 95-31 as conditioned by staff and adopt the findings as submitted by staff; deny specific requeata of Conditional Use Permit No. 95-31; and ' 3. Approve Tentative Parcel Map No. 95-173 as conditioned by staff and adopt the findings ae submitted by staff. Commissioner Nalle requested to be excused from the hearing due to a potential conflict of interest. Chairman Mondo granted the request. Mr. Yenglin indicated that the item first came before the Commission on January 8, 1995. He provided an overview and displayed exhibits of the applicant's request to develop a 268,291 square foot shopping center. To facilitate this construction, the applicant was requesting variances for parking, lot frontage, landscaping, signs, wall height; a conditional use permit to allow several restaurants and a drive-through eating establishment; and to subdivide the parcel into 10 lots. Mr. Yenglin indicated that staff was in support of the project but had several issues of concern regarding the project. He discussed staff's concerns regarding the location of the drive-through, the pylon signs, hours of delivery for the center and the special event and outdoor sales. PLANNBiO COMAS&4ION MINUI'PS 4 FEBRUARY 26, 1996 in addition, Mr. Yenglin indicated that staff recommends relocating the drive-through eating establishment to another location on the site; limiting the hours of delivery for the center with a special variance for Wal*mart; and limiting the amount of outdoor sales and special events. Mr. Wendel Hindley, representing the applicant, indicated that staff's concern with the drive-through lane was not a major problem. The drive- through location was not in proximity with the truck routes and would not cause heavy congestion. He indicated that traffic studies had been conducted at the location and it was determined that the location would not cause problems. Commissioner Brown asked how deliveries would be made at the fast food establishment. Mr. Hindley stated that trucks would come off the north end of the site and back-in to the fast food establishment. Commissioner Doughty asked if there had been another plan to relocate the fast food establishment. Mr. Hindley stated that there were no other plane to relocate the establishment. Mr. Hindley also stated that he had an acoustical study conducted and the study concluded if themitigated measures were implemented, the noise level would be below City requirements. The loading docks would be enclosed and he felt loading zone concerns of staff would not create any problems and requested the Commission not to restrict hours of deliveries. He also mentioned that he would be willing to work with staff on the design of the pylon sign. Commissioner Oliver asked Mr. Hindley if he was willing to negotiate with staff on the delivery hours. Mr. Hindley indicated he would not negotiate the hours of delivery for Wal*mart and stated if the hours were restricted for Wal*mart the applicant would not proceed with the project. Commissioner Oliver indicated that he agreed with staff in terms of delivery restrictions and expressed concerns for the homeowners adjacent to the property. Mr. Hindley mentioned that the site had previously been a drive-in theater and he felt there would be less noise from the proposed project than the drive-in theater. Mr. Joe Vielma, local resident, indicated that he had been looking forward to the project and some of the concerns raised by staff were not concerns of the neighborhood. Commissioner Pedroza asked Mr. Vielma if he felt the fast food drive-through aisle would create a hazard for pedestrians and motorists. Mr. Vielma indicated he did not feel there would be any problems associated with the drive-through. Mr. David Lopez, local resident, indicated that he felt the project would benefit the community. The residents would not have a problem with the loading noise and were in support of the development. Mr. James Kendrick, indicated that he had a discussion with the developer regarding the loading issues and he felt comfortable with the mitigation measures that would be taken at the site and suggested that the project have a six month review. Mr. William Boyntan, indicated that he was in support of the project and emphasized that the City of Santa Ana needed more shopping centers for the community. Ma. Maria Sandoval, indicated that the majority of the neighbors supported the development of the project. Mr. Joe Meyer, indicated that he felt staff was making a bigger issue out of the delivery hours than necessary and reiterated that Wal*mart did not want delivery hour restrictions. Mr. Bill Kenney, representing the land owner, indicated that the delivery restrictions were a policy issue and requested the Commission to listen to the residents and base their decisions on the community. He also mentioned that the developer was trying to satisfy all members effected. Chairman Mondo stated that the Commission would discuss and vote on each item separately. Commissioner Oliver moved to approve the five signs; two pylon signs; and three monument signs. The motion was seconded by commissioner Doughty. PLANNBJO COMMLSS[ON MIldUTFS 5 FEBRUARY 26, 1996 AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Segura NOES: None ABSENT: None ABSTAINED: Nalle Commissioner Pedroza moved to continue the entire sign proposal and to bring the complete sign package to Planning commission in 30 days. The motion was seconded by Commissioner Doughty. ChairmanHondo mentioned that he may be willing to accept a variance, however he would like to see something unique for the sign and requested a quality sign proposal. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Segura NOES: None ABSENT: None ABSTAINED: Nalle Commissioner Doughty stated that she felt there was too much congestion at the fast food drive-through area. Commissioner Oliver stated that he had been persuaded by the developer and to support the drive-through lane. He moved to approve Conditional Uae Permit No. 95-31. the motion was seconded by Commissioner Segura. Corrusiaeioner Pedroza stated that she was concerned with the congestion in the area but would reluctantly vote in support of the drive-through. Chairman Mondo stated that he would not support the drive-through lane and would like to see the developer work with staff to address the circulation issues. AYES: Oliver, Pedroza, and Segura - NOES: Mondo, Brown, and Doughty ABSENT: None ABSTAINED: Nalle Mr. Handley stated that he would accept a no vote to move the project forward to City Council. Commissioner Brown thanked Wal*mart for the project, the neighborhood for ' their input, and staff for their assistance. she stated that she supported the project but would like to add a condition regarding the hours of delivery. The Planning Commission shall review this variance six months after Wal*mart hoe commenced operation and may amend this condition to totally prohibit deliveries to Wal*mart during the same hours ae applied to the other businesses on the site if the Planning Commission determines that late night deliveries are an unreasonable disturbance to nearby residents. She also added that any Planning Commission decision to amend this condition may be appealed to the City Council. Commissioner Oliver indicated that he supported the six month review. However he was concerned with the neighbors who would be impacted. Chairman Mondo indicated that he would not support the motion because he felt the delivery hours granted for Wal*mart should also apply to the other locations on the site. AYES: Brown, Oliver, Doughty, Pedroza, and Segura NOES: Mondo ABSENT: None ABSTAINED: Nalle Commissioner Oliver moved to approve Tentative Parcel Map No. 95-173. The motion was seconded by Commissioner Segura. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, and Segura NOES: None ABSENT: None ABSTAINED: Nalle ' 3. CONDITIONAL USE PERMIT NO. 96-04 (Linda Hale) Filed by Mr. Ali Abedi to allow a Type 47 Alcoholic Beverage Control license to permit the sale of beer, wine, and alcoholic beverages for on-premise consumption and to allow after hour operations at Darya Restaurant located at 1611 Weat Sunflower Street, Suite E-6 in the South Coast Plaza Village zoning district. LEGAL NOTICED: February 11, 1996 PUBLIC NOTICED: February 12, 1996 REC016lENDATION: Approve Conditional Uae Permit No. 96-04 as conditioned by staff and adopt the findings as submitted by staff. PL4NNIN0 COMMISSION MINOTES 6 FEBRUARY 26, 1996 Ma. Linda Hale, Senior Planner, provided a brief overview of the applicant's request to allow the sale of beer, wine, and distilled spirits for on-premise consumption and to allow after hour operations at the Darya Restaurant. The applicant agreed with all of the conditions of approval with the exception of the Police Department's Condition No. 4 not to allow live entertainment or amplified music or dancing at the location and staff recommends approval of the request. Commissioner Brown asked if dancing was being requested for patrons of the restaurant. Ma. Hale indicated no. The request was for entertainers to be allowed to 1 dance or perform live. Mr. Ali Abedi, owner, thanked staff for their assistance. He indicated that the restaurant was a family atmosphere and he was requesting the Commission to allow Persian music be performed at the restaurant by a dancer, singer, pianist or guitarist. Patrons of the restaurant would not be allowed to dance. Ms. Christine Axelson indicated that she was a regular patron of the restaurant and indicated that the restaurant had a family atmosphere and requested the Commission to approve the request. Ma. Rayehe Mazarei stated that she was a regular customer of the restaurant and reiterated that the restaurant had a family atmosphere not a nightclub environment and requested the Commission to approve the request. Commissioner Doughty moved to approve Conditional Uae Permit No. 96-04 as amended to permit limited entertainment. The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, Nalle, and Segura NOES: None ABSENT: None 4. AMENDMENT APPLICATION NO. 96-01 (Lynnette Perry) Filed by Mr. Elias Rawaja and Mr. Emad Salemeh to allow a zone change from Single-Family Residential to Community Commercial located at 2626 North Bristol Street in the Single-Family Residential zoning district. ' LEGAL NOTICED: February 11, 1996 PUBLIC NOTICED: February 12, 1996 RECOIOQSIiDATION i 1. Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-01. Ma. Lynnette Perry, Assistant Planner II, provided a brief overview of the applicant's request to allow the rezoning of the property from residential to commercial to be consistent with the General Plan and in order to sale beer and wine for off-premise consumption. Mr. Emad Salameh, thanked staff for their assistance and indicated that he would like his property to be consistent with the surrounding land urea. Commissioner Nalle moved to approve Amendment Application No. 96-01. The motion was seconded by Commissioner Brown. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, Nalle, and Segura NOES: None ABSENT: None 5. GENERAL PLAN AMENDMENT NO. 96-002 (Linda Hale) (Shahir Gobran) Filed by~ the City of Santa Ana to amend the Circulation Element of the General Plan to downgrade the classification of Washington Avenue from a secondary arterial to a residential collector between Flower Street and ' Lincoln Avenue in the City's Master Plan of Streets and Highways. LEGAL NOTICED: February 11, 1996 PUBLIC NOTICED: February 12, 1996 Recommend that the City Council adopt a resolution approving General Plan Amendment No. 96-002 to amend the Circulation Element of the General Plan. Mr. Shahir Gorbran, Public Works Agency, provided an overview of staff's request to amend the Circulation Element of the General Plan in order to modify the City's Master Plan for Streets and Highways with the reclassification of Washington Avenue from a secondary arterial to a residential collector between Flower Street and Lincoln Avenue. Mr. Gobran indicated that residents from the French Park and French Court neighborhoods PLANNING COMMISSION MVilRF.S 7 FEflRIlARY 26, 1996 expressed concerns to staff regarding an increase in traffic having an impact on their residential neighborhoods. The Public Works Agency would explore measures to mitigate potential traffic impacts and staff recommends approval of the request. L_JI Mr. Miles Leach, local resident, expressed concern regarding the project and indicated that he felt the proposal would make the area lees accessible to the residents. Ma. Florence Leach, local resident, indicated that there was an error on the map and requested staff the Commission continue the item until the map was corrected. Commissioner Nalle moved to approve General Plan Amendment No. 96-02 and requested to make corrections on the map. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, Nalle, and Segura NOES: None ABSENT: None 6 ORAL CONNUNICATIONS - CONNENTS FROM THE PUBLIC. fFor ®attars sot previously listed on the Aaenda) There were no oral public comments. 7. SYCU88 OF ABSSNCSS. There were no absences. 8. The meeting was adjourned at 9:47 p.m. lenn Mondo, Chairman Plann g Commission i PL4NNIN0 COMI~9SSION MINUTPS 8 PEBRUARY 26, 1996