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HomeMy WebLinkAbout02/12/1996MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION February 12, 1996 i The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Mondo at 6:15 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, Nalle, and Segura. Aleo in attendance were Kenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Gary Sheatz, Deputy City Attorney; Jeffry Rice, Senior Planner; Vince Fregoso, Associate Planner; Larry Yenglin, Associate Planner; Pam Lucado, Public Works Agency; Mike McCoy, Police Department; and Sharon McCain-Johnson, Recording Secretary. A. Approval of the Minutes from the Regular Meeting of January 22, 1996. Approve the Minutee of the Regular Meeting of January 22, 1996. B. Reconsideration of actions taken at the previous meeting. None. C. CONDITIONAL USE 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 signage; and exemption from loading and trash requirements located at 3600 Weat McFadden Avenue in the Specific Plan No. 2 zoning district. (Continued by PZanning Commission January 22, 1996 to February 12, 1996) D. S. F. Continue Conditional Use Permit No. 95-31, Variance No. 95-9, and Tentative Parcel Map No. 95-173 to February 26, 1996. ENVIRONMENTAL CONSULTANT CONTRACT AND SELECTION (Maya DeROSa) Filed by the City of Santa Ana to establish a list of environmental consultants to perform future work for the City and implement a standard contract authorizing these consultant services. (Continued by PZanning Commission January 8, I995 to February 12, 1996) Continue Environmental Consultant Contract and Selection to February 26, 1996. SONINO ORDINANCE AFtENDMENT NO. 96-001 (Bill Apple) Filed by the City of Santa Ana to restrict the hours of commercial loading operations for businesses located within 300 feet of property zoned or used for residential purposes. LEGAL NOTICED: PUBLIC NOTICED: RSCOMMENDATIONs January 28, 1996 January 31, 1996 Continue Zoning Ordinance Amendment No. 96-001 to February 26, 1996. HISTORICAL PROJECT REVIEW NO. 96-001 (Larry Yenglin) Filed by Mr. Luis Ramirez to allow a 432 square foot addition to a single family residence located at 410 South Garnsey Street in the Specific Development Plan No. 40 zoning district. RECOMMENDATION: Approve Historical Project Review No. 96-001. ***E N D O F C O N S E N T C A L E N D A R*** Commissioner Brown moved to approve the Consent Calendar. The motion was seconded by Commissioner Pedroza. AYES: Mondo, Brown, Oliver, Doughty, Pedroza, Na11e, and Segura NOES: None ABSENT: None O. DSTSRMINATION OP LSOAL NONCONFORMING STATUS NO 96-001 (Vince Fregoeo) Filed by Ms. Juanita Garcia to determine the legality of a unit within a garage located at 1102-B North French Street in the Specific Development Plan No. 19 zoning district. Deny Determination of Legal Nonconforming Statue No. 96-001. Mr. Vince Fregoeo, Associate Planner, provided an overview of the applicant's request to allow the conversion of the ground floor of an existing garage as a legal unit on the property. He indicated that the site currently contains three legal unite, staff had no records for the fourth unit nor had the applicant been able to provide documentation supporting legality of the unit. in addition, Mr. Fregoeo reviewed the Exhibits of the staff report and stated staff was recommending denial of the request due to the lack of documentation proving the fourth unit. Commissioner Oliver asked if there were any violations of safety or health codes. Mr. Fregoeo indicated that there was a citation issues in 1994, however, the applicant addressed the issue and fully complied with city standards. Commissioner Doughty asked if there were windows in this unit and if there was adequate parking on the site. Mr. Fregoeo indicated yea, it meets all code requirements for the 1960'x. Commissioner Doughty askedif the French Park neighborhood had been notified of the request. Mr. Fregoeo indicated the neighborhood had been notified and they would support any Planning Commission action. Commissioner Oliver expressed frustration regarding the request and mentioned to staff that it would be helpful to use an evaluation criteria to score requests such as this to make a determination what would be in the communities best interest. ' Me. Uptegraff indicated that the code requires evidence to be provided. If documentation is not provided it would not be considered a legal unit. Mr. Adams indicated that the zoning code was not in place prior to 1960. There was evidence proving the other three units legal, however, there was no documentation proving the legality of the fourth unit. Ma. Juanita Garcia, applicant, mentioned problems she had with her request and dealing with the Agency. In addition, she displayed pictures of various properties in her area with room add itiona, and a utility bill and indicated she believed the unit had been built prior to 1960. She had bought the property as four unite. Commissioner Nalle moved to approve the Determination of Legal Nonconforming Statue No. 96-001. The motion was secondedby Commissioner Pedroza. Commissioner Doughty stated that she would vote against the motion. She stated that she had not been convinced that the unit was legal and expressed concern of the unit causing overcrowding in the neighborhood. Chairman Mondo stated that he would also vote against the motion. He indicated he reviewed the staff report and exhibits and was not able to find documentation proving the legality of the fourth unit. In addition, he mentioned that he believed the applicant was before the Commission in good faith but illegal unite caused problems in the neighborhoods. AYES: Pedroza, Nalle, and Segura NOES: Mondo, Brown, Oliver, and Doughty ABSENT: None The motion failed. Commissioner Oliver reiterated his frustration and requested staff to set ground rules for such determinations. Mr. Adams commented that it is common to have separate electric meters, however, it was a difficult task to separate gas meters and it would not be practical to make a determination on utility bills. After further discussion, Chairnan Mondo moved to deny the Determination of Legal Nonconforming Status No. 96-001. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, and Segura NOES: Pedroza and Nalle ABSENT: None 2 PEBRUARY 12, 1996 0 H. Cosennts frog the Executive Director. (Robyn Uptegraff) 1. Me. Uptegraff informed the Commission that court proceedings for 2828 North Bristol would take place on Wednesday (February 14, 1996); 2. The Home Expo project is progressing on schedule and the applicant is ready to pull permits; and 3. Brookfield Corporation, Mola Development Company, and the City are beginning to work on the revised Master Plan for MacArthur Place. She indicated that Mr. Adams would be the case planner on the project however, she could not estimate when the Master Plan would be completed. I. Coseleats front the Planning Maaager. (Kenneth Adams) 1. Mr. Adams informed the Commission that due to a lengthy agenda scheduled for February 26, 1996, he suggested that the afternoon session begin at 5:00 p.m. S. Coueata front the Planning Coamission. 1. Chairman Mondo asked staff to request the Park Rangers to patrol Lillie King Park more often; he had recently observed an increase in graffiti and vandalism at Lillie King Park. R. Recess. PLANNQ70 COMMISSION MBVUTPS 3 FEBRUARY 12, 1996 PUBLIC BEARINGS ROLL CALL: 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 7:12 p.m. Roll call was answered by Chairman Mondo and Commissioners Brown, Oliver, Doughty, Nalle, Pedroza, and Segura. Also in attendance were: Aenneth Adams, Planning Manager; Richard Lay, Assistant City Attorney; Gary Sheatz, Deputy City Attorney; Jeffry Rice, Senior Planner; Maya DeRosa, Environmental Coordinator, Larry Yenglin, Associate Planner; Pam Lucado, Public Works Agency, Mike McCoy, Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGB OF ALLEGIANCE TO THB FLAG: The Pledge of Allegiance was not held. ~ROCEDVRAL RULES: The procedural rules for the sees ion were read by Chairman Mondo. PUBLIC HEARINGS: 1. ENVIRONMENTAL IMPACT REPORT (EIR NO. 95-2) (Maya DeRosa) Filed by the City of Santa Ana for the Central City, Inter-City and North Harbor Plan Amendments. LEGAL NOTICED: January 28, 1996 PUBLIC NOTICED: January 31, 1996 RECOIBa;liD11TION: 1. Receive public comments; and 2. Recommend that the City Council certify Environmental Impact Report No. 95-2. Ms. Maya DeRosa, Environmental Coordinator, provided a brief overview of staff's request to continue to use eminent domain within the three project areas (Central City, Inter-City, and North Harbor) to meet long-term planning goals and redevelopment implementation policies. In addition, Me. DeRosa indicated that the Program EIR was general but when specific development project would be proposed, they would undergo separate environmental reviews. ' There were no Commission or public questions or comments. Commissioner Oliver moved to approve Environmental Impact Report No. 95-2. The motion was seconded by Commissioner Nalle. AYES: Mondo, Brown, Oliver Doughty, Pedroza, Nalle, and Segura NOES: None ABSENT: None 2. CONDITIONAL USE PERMIT NO. 96-003 (Larry Yenglin) Filed by Donald Krotee Partnership to allow after hour operations every day at an established donut shop located at 1601 South Main Street in the General Commercial (C2) zoning district. LEGAL NOTICED: January 28, 1996 PUBLIC NOTICED: January 31, 1996 RSCOIBD;NDATION: Approve Conditional Uae Permit No. 96-003 as conditioned by staff and adopt the findings se submitted by staff. Mr. Larry Yenglin, Associate Planner, provided an overview of the applicant's request to allow 24 hour operations every day at the Donut Star donut shop. He indicated that the area is considered above average in police-related incidents and staff recommends approval of the request. Commissioner Brown asked if there were any pay phones on the premises. ' Mr. Hatt Rogers, representing the applicant, indicated that there were no pay phones on the premises. He also mentioned that the applicant had been in operation at this location since 1994 and had not had any significant problems. ChairmanMOndo asked if the owners had any arrangements for parking due to a large quantity of vehicles parked in the parking lot. Mr. Roberta stated that he had no knowledge of any parking arrangements on the premises. Commissioner Nalle moved to approve Conditional Use Permit No. 96-3. The motion was seconded by Commissioner Doughty. PLANNING COMMISSION MRdi)T64 4 FEBRUARY 12, 1996 AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza and Segura NOES: None ABSENT: None 3 ORAL COMMJNICATI0N8 - COIYW~NTS FROM THE PUBLIC. [For matters sot previously listed on the Aaendal There were no oral public comments. Chairman Mondo stated that this was his last night serving as Chairman to the Planning Commission. He expressed his thanks to his wife and family, the other Commissioners, and Robyn Uptegraff and Kenneth Adams and their staff. Commissioner Doughty expressed her thanks to Chairman Mondo and stated that it wa^ a pleasure serving as a Commissioner during hie chairmanship. She further stressed that Chairman Mondo performed his duties seriously and exceptionally. a. Eacvss or ABSENCES. There were no absences. 5 Commissioner Nalle moved to adjourn the meeting at 7:25 p.m. until February 26, 1996 at 5:00 p.m. The motion was seconded by Commissioner Brown and unanimously passed. PLANNING COMMI33ION MIIiITfES 5 PEBRUARY 12, 1996