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HomeMy WebLinkAbout08/28/1995MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION August 28, 1995 The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Mondo at 5:07 p.m. in Room 831 of the City Ha11, 20 Civic Center Plaza, Santa Ana, California. Commissioners present included: Margaret Brown, Steve Oliver, Molly Doughty, Alexander Nalle, Lynnette Pedroza, and Teresa Segura. Also in attendance were Richard Lay, Assistant City Attorney; Robyn Uptegraff, Executive Director, Kenneth Adams, Planning Manager; Jeffry Rice, Senior Planner, and Vince Fregoso, Associate Planner other staff in attendance included: Monica Hernandez and Yolanda Pena, Police Department, George Alvarez, Public Works; and Sharon McCain-Johnson, Recording Secretary. CONSENT CALENDAR: A. APPROVAL OF TAE MINUTES of the regular Planning Commission meeting of August 14, 1995. RECOMMENDATION: Approve the minutes of the regular meeting of August 14, 1995. B. RECONSIDERATION OF ACTIONS taken at previous meeting. RECOMMENDATION: None. C. CONDITIONAL USE PERMIT NO. 95-15 filed by the Oddf ellows to obtain a Type 47 Alcoholic Beverage Control License for a proposed restaurant located at 309 North Main Street in the Downtown Commercial (C3) zoning district. RECOMMENDATION: Confirm the action of the Zoning Administrator approving Conditional Use Permit No. 95-15 as conditioned by staff and adopt the findings as submitted by staff. Chairman Mondo requested that the Planning Commission schedule Conditional Use Permit No. 95-15 for Public Hearing September 11, 1995. The motion was unanimously passed. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ' ABSENT: None Commissioner Oliver moved to approve Consent Calendar items A (Approval of the August 14, 1995 minutes) and B (Reconsideration of actions at the previous meeting). The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None **** E N D O F C O N S E N T C A L E N D A R**** D. Covuoents from the Executive Director. (Robyn Uptegraff) 1. Ms. Uptegraff stated that the City Council upheld the Planning Commission's decision to deny the Chevron Pole Sign on Seventeenth Street. However, Council requested that the Planning Commission review the language of the sign ordinance addressing freeway frontage signs; and 2. Ms. Uptegraff informed the Commission that she met with the three property owners on the Pacific Center located on Grand and Edinger Avenues. She noted the 10 year development agreement between the City and the property owners will expire soon. The City is presently working on a short term agreement with the owners to keep the current zoning and development standards in place. I. Comments from the Planning Manager. (Kenneth Adams) No comments were made. ' J. Comments from the Planning Commission 1. Commissioner Doughty mentioned she heard an announcement on KNX radio regarding a Town Forum Meeting being held in Santa Ana. One of the items to be discussed was the County of Orange bankruptcy Mr. Kenneth Adams, Planning Manager, indicated the Town Forum Meeting sponsored by the Chamber of Commerce was being held presently in the Council Chambers. 2. Commissioner Nalle indicated he had recently observed trash pickers in his residential area and asked if there was an ordinance for enforcement. Mr. Lay indicated the City presently did not have an anti scavenger ordinance. The City Attorney's Office could draft and ordinance, however, its enforcement would be very difficult. 3. Commissioner Brown indicated the Liquor Store on First and Pacific Streets was presently boarded up, she had noticed an increase in loitering and asked if the store was permanently closed. Ma. Yolanda Pena, Police Department, stated the ABC license was still active. However, if no alcohol was sold for two week period, the applicant would have to reapply for an ABC license. 2 PUBLIC HEARINGS ROLL CALL: The Regular Meeting of the Santa Ana Planning Commission was called to order and conducted by Chairman Mondo in the Room 831 of City Hall, 20 Civic Center Plaza, Santa Ana, California. Roll call waa answered by Commissioners Brown, Oliver, Doughty, Na11e, Pedroza, and Segura. Also in attendance were Robyn Uptegraff, Executive Director, Kenneth Adams, Planning Manager; other City staff in attendance: Richard Lay, Assistant City Attorney; Jeffry Rice, Senior Planner, Vince Fregoso, Associate Planner, George Alvarez, Public Works Agency; Monica Hernandez and Yolanda Pena of the Santa Ana Police Department; and Sharon ' McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO TAE FLAG: Due to the unavailability of a flag, the Pledge of Allegiance was not conducted. PROCEDURAL RULES: The procedural rules for the session were read by Chairman Mondo. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT NO. 95-16 filed by Mr. Vince Sarmiento to allow a cover charge for indoor entertainment uses at the Festival Hall located at 220 East Third Street in the Downtown Commercial (C3) zoning district. (Continued by Planning Commission August 14, 1995 to August 28, 1995) RECOMMENDATION: Approved Conditional Use Permit No. 95-16 as conditioned by staff and adopt the findings as submitted by staff. Mr. Vince Fregoso, Associate Planner, presented the staff report for Conditional Use Permit No. 95-16. He indicated Mr. Vince Sarmiento is requesting to implement a cover charge at an existing restaurant thereby requiring a conditional use permit. The Festival Ha11 has been home to a variety of uses over the years including a bus depot. The building was converted into a restaurant and a dance hall was added in 1973. In 1989, the owners were granted a dance permit based on not requiring a cover charge. However, the owners of Festival Hall were cited in 1994 for operating indoor entertainment with a cover charge and without a conditional use permit. Staff reviewed the application and recommends approval of Conditional Use Permit No. 95-15. ' Mr. Fregoso noted that the Fire Department would not be requiring the automatic sprinkler and indicated Conditional Number 1 had been deleted. Chairman Mondo indicated under the Consent Calendar items (Conditional Use Permit No. 95-15), there was a condition regarding the location of the pay phones and limiting the pay phones to outgoing calls. However, the pay phone conditions for this project are listed differently and asked staff if this was an oversight. Ms. Pena, indicated yes. The conditions of both projects should be the same, outgoing calls only. Commissioner Pedroza asked why there were no conditions for landscaping improvements. Mr. Fregoso indicated the site was located in a C3 (Central Business District) zoning district which did not allow any additional space for landscaping. Commissioner Doughty asked if the site has had any problems in which the Police Department was called and could the project be reviewed in six months instead of 12 months. Mr. Fregoso indicated the project requested the standard review period of 12 months. However, if the Commission preferred to review it in six months, the conditions could be amended. Ms. Pena indicated the Police Department does not receive very many calls for Festival Hall. Commissioner Doughty asked Ms. Pena what type of calls are received for Festival Ha11. Ms. Pena stated the calls are usually alcohol related and disturbing the peace. Chairman Mondo inquired regarding the condition referencing the conditional use permit to be reviewed after 90 days, six months, and annually by the Police Department. PLWNQiG COMMISSION MMVfFS A"e1°~ ~• 1~5 3 Mr. Fregoso stated that the review of the conditional use permit would be conducted internally at intervals of 90 days, six months, and annually. If problems are noted after reviewing the conditional use permit, the item would be brought before the Commission. Commissioner Brown asked how many events are anticipated. Mr. Vince Sarmiento, Applicant, indicated there would be an average of one event per month. Ma. Uptegraff requested the Commission to waive the conditional use permit fee, should the Commission approve Conditional Use Permit No. 95-15. Staff felt there was a genuine misunderstanding in the requirements of a ' conditional use permit for a cover charge and the business had been operating for years with all other required permits from the City. Mr. Sarmiento spoke in behalf of the project and indicated his parents are the owners of the property and they have tried to comply with all of the required conditions. He also indicated that he had met with the neighbors in the area and the letters that he had received were in support of the project. Chairman Mondo asked Mr. Sarmiento if he was in agreement with all of the conditions. Mr. Sarmiento stated yes. However, he would like to request six months to complete the required improvements identified in the staff report. Commissioner Oliver asked how quickly are the conditions to be completed. Mr. Fregoso indicated the applicant has two years to complete the conditions, once the case has gone to City Council. If the conditions are not completed, the Conditional Use Permit becomes void. However, the permitwould not be issued until all of the conditions were complied. Commissioner Oliver indicated he would like Condition Number B2 to be amended to read, "The conditional use permit will be reviewed by the Planning Commission in six months" (instead of 12 months). Commissioner Nalle moved to approve Conditional Use Permit No. 95-15 with the amended Conditions Numbers Al (Deleted), B2, and C9 and adopt the findings as submitted by staff and also to waive the fee of the conditional use permit. The motion was seconded by Commissioner Doughty. AYES: Mondo, Brown, Oliver, Doughty, Nalle, Pedroza, and Segura NOES: None ABSENT: None Commissioner Nalle inquired regarding the condition indicating the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. Mr. Adams indicated that condition was a standard ABC condition. ABC is responsible for enforcement, staff does not review the quarterly sale books. Commissioner Nalle asked what actions take place if an establishment exceeds the limit. Mr. Adams stated the item would come before the Commission again. Ms. Uptegraff also stated the conditional use permit could be brought forth for review. Commissioner Nalle asked how much was the cover charge for Festival Hall. Mr. Fregoso indicated between $5.00 and $25.00, depending upon the event being held. Commissioner Nalle asked if there was a problem in Santa Ana where establishments sold more alcoholic beverages than food. ' Ma. Pena stated the City had not had the prohlem in the last five through six years. Mr. Adams indicated staff will bring the ABC policy before the Commission this fall. Commissioner Oliver requested staff to consider developing a policy that would penalize property owners/business owners who have been operating businesses illegally by charging additional fees. PLANNING CGMMISSIGN MINNFS A~gwt 28, 1995 4 Mr. Adams stated staff would consider a developing such a policy, however, realistic enforcement would be a problem. Presently, the Planning Division has only one enforcement officer primarily for signage. The Commission would need to re-direct staff priorities for commercial code enforcement. [] n u 2. 3. 4. 5. Chairman Mondo indicated he agrees with Commissioner Oliver and indicated he would like to see the property/business owners pay fines, charged interest or some type of penalty imposed where there is evidence knowing failure to comply and asked staff to consider the request and possibly bring a proposal before the Commission at a later time. Commissioner Brown stated she understands the reasoning expressed by the other Commissioners and acknowledged that the main objective is to have property owners operate legally. Commissioner Doughty indicated many applicants who have previously presented projects before the Commission and were denied, frequently continue to operate illegally and profit. Then, in an effort to become legitimate, come before the Commission again hoping the Commission will approve their operation. ORAL COMMUNICATIONS - COMMENTS FROM THE PUBLIC. fFor matters not oreviously listed on the Aaendal There were no comments from the public. EXCUSE OF ABSENCES. There were no absences. Mr. Adams requested the Commission to adjourn the meeting at 5:58 p.m. and all Commissioners who were interested in attending the Tour of the Traffic Management Center do so. Chairman Mondo moved to adjourn the meeting passed. The meeting adjourned at 5:59 p.m. TOUR OF THE TRAFFIC MANAGEMENT CENTER ~'~\i; \I\II . ~ Tenn H ndo, Chaiman Rlanni g Commission PLANNPIG COMMISSN)N MINUTES 5 The motion was unanimously A~g~w 29, 1995