HomeMy WebLinkAbout07/24/1995MINUTES OF THE REGULAR MEETING
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MINUTES OF THE REGULAR MEETING
CITY OF SANTA ANA, CALIFORNIA
PLANNING COMMISSION
July 24, 1995
The Regular Meeting of the Santa Ana Planning Commission was called to order by
Chairman Mondo at 6:30 p.m. in Room 147 of the City Council Chambers, 22 Civic
Center Plaza, Santa Ana, California. Other Commissioners present: Steve Oliver,
Molly Doughty, Alexander Nalle, Lynnette Pedroza, and Teresa Segura. A1eo in
attendance were Richard Lay, Assistant City Attorney; Kenneth Adams, Planning
Manager; Jeffry Rice, Senior Planner other staff in attendance included: Mike
McCoy, Police Department; and Sharon McCain-Johnson, Recording Secretary.
CONSENT CALENDAR:
A. APPROVAL OF THE MINUTES of the regular Plaaniaq Commission meeting of Jul
10, 1995.
RECOMMENDATION: Approve the minutes of the regular meeting of July 10,
1995.
B. RECONSIDERATION OF ACTIONS taken at previous meeting.
RECOMMENDATION: None
C. ZONING ORDINANCE AMENDMENT NO. 94-4 filed by the City of Santa Ana to
amend the Light Industrial (M1) and Heavy Industrial (M2) districts;
delete the Commercial Manufacturing (CM) and Limited Manufacturing (LM)
districts; create a Manufacturing Commercial (MC) district; amend
Industrial parking requirement e; and add minimum street frontage and lot
size requirements for industrial property. (Sergio Klotz)
Continue Zoning Ordinance Amendment No. 94-4 to August
14, 1995.
D. ORDINANCE AMENDMENT NO. 95-01 filed by the City of Santa Ana to revise
Chapter 34 of the Santa Ana Municipal Code to require that all new
condominium conversion proposals meet minimum standards and discretionary
approval. (Jamie Watanabe)
RECOMMENDATION: Continue Ordinance Amendment No. 95-1 to September 25,
1995.
Commissioner Oliver motioned to approve the Consent Calendar items. The
motion was seconded by Commissioner Nalle.
AYES: Mondo, Oliver, Doughty, Nalle, Pedroza, and Segura
NOES: None
ABSENT: Brown
**** E N D O F C O N S E N T C A L E N D A R****
D.
Comments from the Executive Director.
(Robyn Uptegraff)
F
1. Ma. Uptegraff stated the Northgate Market project was continued by
City Council to August 7, 1995. Council will be having a study
session Monday, July 31, 1995.
Comments from the Planning Manager.
(Kenneth Adams)
1. Mr. Adams indicated Mr. Lay is drafting an ordinance regarding the
single family residential unit expansion. The item will be formally
brought to the next Planning Commission meeting.
Commissioner Doughty asked when the Condo Conversion proposals will
come to Planning Commission.
' G.
1.
2.
3.
Mr. Adams indicated the item has been continued for 60 days and is
scheduled for the September 25, 1995 Planning Commission meeting.
Comments from the Plaaniaq Commission
Commissioner Doughty stated that the Planning Division did a very good job
on the Development Review Process presentations.
Commissioner Doughty asked if any feedback had been received from the
previous Planning Commission meeting regarding the Nineteenth Street
diverter comments.
Me. Uptegraff responded that the comments were delivered to the Council
and they acknowledged receipt. Although there was no formal response, she
indicated she thought there was a fairly even split among the Council.
Commissioner Doughty asked the status of the property located at 2828
North Bristol.
Ms. Uptegraff indicated that the City Attorney is proceeding with legal
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Ms. Uptegraff indicated that the City Attorney is proceeding with legal
action in court with the intent to demolish the remaining structures. The
property owner still feels the City is being too unreasonable.
Commissioner Douqhty asked if the golf course expansion for the location
being considered.
Ms. Uptegraff indicated staff hasn't given up the possibility of pursuing
the expansion to the golf course.
4. Commissioner Oliver asked the statue of the Vons shopping center on North
Bristol.
' Ms. Uptegraff responded the current owner of the property would like to
start leasing the vacant buildings. She indicated there does exist a
conceptual proposal to renovate the center.
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PUBLIC NEARINGS
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. Roll call was answered by Commissioners
Oliver, Doughty, Nalle, Pedroza, and Segura. Also in attendance were Kenneth
Adams, Planning Manager; other City staff in attendance: Richard Lay, Assistant
City Attorney; Bill Apple, Assistant Planner ZI, Jeffry Rice, Senior Planner;
Mike McCoy of the Santa Ana Police Department; and Sharon McCain-Johnson,
Recording Secretary.
PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Chairman
' Mondo.
PROCEDURAL RULES: The procedural rules for the session were read by Chairman
Mondo.
PUBLIC HEARINGS•
1. AMENDMENT APPLICATION NO. 95-3, CONDITIONAL USE PERNIT NO. 95-10, AND
CONDITIONAL USE PERMIT NO. 95-14 filed by Mr. Lee Co itz to allow a gas
station/mini market and the sale of beer and wine for off-premise
consumption located at 1351 East Dyer Road in the Light Industrial (M1)
zoning district.
(COntinved by Planning Commission Jvne 26, 1995 to Jaly 24, 1995)
A. Amendment Application No. 95-3 to change the zoning designation from
Light Industrial (M1) to Specific Development No. 12 (SD-12) and
amend the permitted uses in Specific Development No. 12.
Recommend that the City Council adopt an
ordinance approving Amendment Application No. 95-
3.
B. Conditional Use Parmit No. 95-10 to convert the existing auto
service area into a mini market; add gas pampa; and a canopy to an
exiting gas station within the Specific Development No. 12 (SD-12)
zoning district.
RECOMMENDATION: Approve Conditional Use Permit No. 95-10 as
conditioned by staff and adopt the findings as
' submitted by staff.
C. Conditioaal Use Permit No. 94-14 filed by Mr. Coitz to allow the
sale of beer and wine for off-premise consumption at the gas
station/mini market. (Bill Apple)
RECOMMENDATION: Approve Conditional Uae Permit No. 95-14 as
conditioned by staff and adopt the findings as
submitted by staff.
Mr. Bill Apple, Assistant Planner II, gave a brief overview of the
staff report and mentioned the project came before the Commission at
the previous meeting of July 10, 1995. Mr. Apple indicated the
applicant is requesting to remodel an existing gas station on the
northwest corner of Grand Avenue and Dyer Road by converting an
existing auto repair bay into a mini market; sell beer and wine
within the mini market; add a new four vehicle gas island and
canopy; and upgrade landscaping and signage. The area ie average in
police related incidents. However, Mr. Apple indicated the only
outstanding issue remaining consists of accommodating the
applicant's request for additional pole lights; staff believes the
poles provide unnecessary signage opportunity and lighting provided
by the canopy is adequate. Staff recommended approval of the
Amendment Application, Conditional Use Permit No. 94-10, and
Conditional Use Permit No. 94-14 as conditioned.
. Commissioner Oliver asked what are the proposed hours for the sale
of beer and wine.
Mr. Apple indicated that no hour limitations were established
' although the Police Department normally regulates the hours for
alcoholic sales.
Commissioner Oliver asked if staff has any control over the floor
area ratio being used to sell beer and wine.
Mr. Apple indicated that no floor area ratio was applied and the
formula is normally associated with market establishments.
Mr. Adams stated floor area ratios for gas station convenience
outlets are not usually regulated through the City.
Commissioner Oliver asked if there are any special rules or
regulations to selling alcoholic beverages for mini markets at
service stations.
PLANNING COMMLCSmN MINUfFS Iuly ]A, 1995
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Mr. Adams responded, no.
Mr. Adams responded, no.
Commissioner Doughty asked if small wine bottles would be regulated
or sold at this location.
Mr. Mike McCoy, Police Department, indicated small supplies of wine
are regulated depending on the area of the project and the hours of
operation.
Commissioner Oliver asked if ABC regulates the types of alcoholic
beverages sold at markets of this kind.
Mr. McCoy indicated ABC regulates the types of alcohol sold. The
' types of alcohol sold are usually recommended by the City Council
and ABC considers that recommendation in its decision. Although the
regulation was general in nature.
Commissioner Oliver asked what regulates the types of alcohol sold.
Mr. McCoy stated crime rate, owner background information, and
previous site history.
Commissioner Doughty asked what was regulated for this property.
Mr. McCoy indicated the station received standard conditions each as
exterior advertising and review of the project annually.
Commissioner Doughty asked where the closest location is that salsa
alcoholic beverages.
Mr. Apple stated the local hotels in Hotel Terrace sell alcoholic
beverages at their restaurants.
Commissioner Oliver asked if the project is approved, could the
staff live with the lighting standards as recommended by the
applicant.
Mr. Apple stated yes.
Mr. Tidball, representing Mobil Oil, indicated he has been working
with staff on the project for some time and has come a long way.
The light pole has been discussed and Mobil has stipulated that the
signs be removed and not replaced. However, Mobil have requested
additional lighting because we feel there is not adequate lighting
provided at the location. Mr. Tidball also stated the mini market
' would close daily at 10:00 p.m.; gas and small items will be sold
through the window after the mini market closes.
Commissioner Oliver asked how large is the convenience store.
Mr. Tidball indicated approximately 1,300 feet.
Commissioner Oliver asked how large is the cooler and how many
coolers will there be for alcohol.
Mr. Tidball indicated there will be a total of seven coolers. Up to
four coolers may be used for alcoholic beverages.
Commissioner Oliver stated he does not want to hamper Mobil's
economic potential but he would like to add a condition prohibiting
the sale of single cans/bottles of beer or wine.
Commissioner Nalle asked can one of the conditions be for the
project to be reviewed at six months or annually and if conditioned
this way, ie there anything precluding the City from adding or
deleting any of the conditions.
Mr. Richard Lay, Assistant City Attorney, indicated the conditions
state that they can be modified.
Commissioner Nalle asked what SAMC 10-6 addresses.
Mr. McCoy stated it's the no loitering ordinance.
' Commissioner Oliver asked Mr. Nick Nodust the dealer of the station,
if he has operated a mini market previously.
Mr. Nodu at stated no.
Commissioner Oliver asked Mr. Nodust if it would be inconvenient for
him if the sale of single cans of beer or wine were prohibited.
Mr. Nodust stated he has no objection to not selling single cane of
beer or wine.
Chairman Mondo asked Mr. Nodust what would be sold through the
window after the mini market closes at 10:00 p.m.
PLANNING COMMISSION MINUTES luly ]R, 1995
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Mr. Nodust stated any item that would fit through the window. As to
fhn aellinn of }~ecv ~nA r.n no •he m.n• m~vLc4 v.r~..lA F..11..... •he
Mr. Nodust stated any item that would fit through the window. As to
the selling of beer and wine, the mini market would follow the
City's direction. He desires a decent operation and the mini market
doors would close at that hour due to security purposes.
Chairman Mondo asked if a six pack of beer would fit through the
window.
Mr Nodust stated yes.
Commissioner Oliver motioned to approve Amendment Application No.
95-3, Conditional Use Permit No. 10 and Conditional Use Permit No.
14. However he indicated he would like to add the following
conditions:
1. The sale of alcoholic beverages shall be permitted only
between the hours of 7:00 a.m. to 12:00 a.m., seven days a
week;
2. Beer shall be sold on the premises only in package units of a
six pack or more, and not by individual cans or bottles. No
wine shall be sold in bottle or container smaller than 750 ml
or a four pack of wine coolers. The sale of wine coolers
shall be sold in package units of four or more and not by
individual cans or bottles; and
3. No wine shall be sold with an alcohol content greater than 15
percent by volume. No fortified beer or wine to be offered for
sale.
Commissioner Nalle seconded the motion.
Commissioner Doughty stated she would vote no on the project. She
indicated she feels alcohol leads to problems and she doesn't want
any new beer and wine sales. She also reminded the Commissioners
that they voted no to the selling of beer and wine at Saddleback
Inn.
Commissioner Oliver indicated he is interested in a policy regarding
the floor area ratio or square footage for selling beer and wine.
Commissioner Nalle asked Mr. Nodust if the sale of beer and wine
were not permitted, would Mobil consider other alternatives.
' Mr. Nodust indicated he would continue the operations of the
mechanic shop.
Commissioner Nalle asked Mr. Nodust if he approached Mobil to add
the mini market.
Mr. Nodust responded no. He wanted improvements to the location by
adding additional gas pumps. But he was informed he would have to
close the mechanic shop.
Commissioner Nalle asked if selling alcoholic beverages is more
profitable than the operation of a mechanic shop.
Mr. Nodust indicated he believed the mechanic shop to be more
profitable.
Commissioner Nalle asked Mr. Nodust since the mechanic shop is more
profitable, why add the mini market.
Mr. Nodust stated: 1) to make Mobil happy, they prefer a mini
market; 2) to make the site much nicer and reduce the noise from the
mechanic shop; 3) having the mini market ie economically easier than
having a mechanic shop; and 4] he can spend more time with his
family.
Commissioner Oliver requested that the Police Department draft terms
for the selling of alcoholic beverages so the Commission can refer
to a package when similar projects are reviewed.
' Chairman Mondo requested that this policy be brought to a afternoon
session for discussion.
Commissioner Nalle responded he feels it's a mistake for the
Commies ion to micromanage every business. He indicated, if a owner
says he won't sell single cans/bottles of alcoholic beverages, he
probably won't.
Chairman Mondo responded he agrees with Commissioner Oliver's
recommendation. Although it does express a form of micromanagement.
Chairman Mondo asked Commissioner Oliver if he wanted to include the
aignage issue in his motion.
PLANNING COMMISSION MQiVIES luty ]A, 1995
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Commissioner Oliver he would support permitting the existing
Commissioner Oliver he would support permitting the existing
lighting to stand as long as the illegal signs were removed from the
light poles.
Chairman Mondo requested a roll call vote with Commissioner Oliver'e
motion and Commissioner Nalle's second of the motion.
AYES: Mondo, Oliver, Nalle, Pedroza, and Segura
NOES: Doughty
ABSENT: Brown
2. VARIANCE NO. 95-4 filed by Mr. Robert Fiscus and Associates to increase
the maximum permitted height of a freeway pole sign from 35 feet to 100
feet on a property 563 feet from the freeway off-ramp. (Larry Yenglin)
(COntznued by Planning Commission July I0, 1995)
RECOMMENDATION: Deny Variance No. 95-4 and adopt the findings as
submitted by staff.
Mr. Jeffry Rice, Senior Planner, gave an overview of the staff report and
displayed elides of the area. He indicated the proposed sign is for a
Chevron gas station and is 70 feet in height, more than twice the allowed
height by code; the area is approximately 85 square feet; and the distance
is 563 feet from the freeway exist centerline. Mr. Rice indicated the
request comes before the Commission due to the freeway widening. The
applicant feels the signage height should be increased because the
improvements made to the freeway make it difficult to see the station from
the freeway and so motorists can see the gas station sign. Mr. Rice
indicated staff is recommending denial of Variance No. 95-4 and the
surrounding businesses are opposed to the signage and feel if this sign is
allowed their business sign height should also be increased.
Commissioner Na11e asked if Caltrans would allow the applicant to put a
sign on the freeway.
Mr. Rice indicated that is only allowed on major freeways in rural areas.
Mr. Robert Fiscus, applicant, displayed pictures of the location and
indicated the proposed freeway sign is due to the visibility problems
associated with the freeway height and expansion. He noted that the
proposed sign is not an unsightly sign, and that he would like the
' motorists to know the service station exists.
Mr. Edward McKie, representing French Court Neighborhood, thanked Chevron
for the recent improvements to the site. However, he indicated the
neighborhood strongly opposes the sign and supports staff's
recommendation.
Mr. James Marquez stated he appreciates the improvements to the site,
especially the lights but he is opposed to the sign.
Mr. Todd Walsh thanked Chevron for the recent improvements made to the gas
station, however the sign is not in the beat interest of the neighborhood.
The gas station is in a good location and currently attracts many
customers. The proposed sign looks nice but ie too much.
Mr. James Kendrick, complimented Chevron for the recent improvements. He
stated that the City has been working to clean up Seventeenth Street and
this sign would not be in the beat interest for the neighborhood.
Mr. Steve Krieger indicated he currently is constructing a gas station and
the new freeway wall makes the sites in the area lose their visibility
from the freeway. There is no existing gas station from Redhill to Harbor
Boulevard; these gas stations create tax dollars and revenue for the City.
Mr. Kreiger stated, at his site, he has five times the amount of
landscaping than the code requires and that sign will not be intrusive to
the neighborhood. However, if this sign is not approved, he would like
the Commission to consider amending the current sign standards for this
area.
Chairman Mondo closed the public hearing.
Commissioner Oliver motioned to deny Variance No. 95-4 and stated it ie
disingenuous for Mr. Krieger to state that the pole sign would not be
intrusive to the neighborhood. Staff can deal with the problems of
signage in the freeway area as deemed appropriate.
Commissioner Pedroza expressed her appreciation to the improvements made
by Chevron but indicated she was in agreement with the motion and stated
the sign is too large for the area.
AYES: Mondo, Oliver, Doughty, Nalle, Pedroza, and Segura
NOES: None
ABSENT: Brown
PLANNING COMMISSION MINUfFS lup 7A, 1995
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3. ZONING ORDINANCE AMENDMENT NO. 95-1 (SPECIFIC PLAN FOR STREET ALIGNNENT
NO. 561 ANn M2T26ATF.n IaF.RLTTVA: nF.CT.1l R]1TTnN ,F.R ran. OQ-rt'f~ i:1vA 1... .,...
3. ZONING ORDINANCE AMENDMENT NO. 95-1 (SPECIFIC PLAN FOR STREET ALIGNMENT
NO. 561 AND MITIGATED NEGATIVE DECLARATION (ER NO. 93-1171 filed by the
City of Santa Ana's Public Works Agency to widen Standard Avenue from
Santa Ana Boulevard to Chestnut Street to two lanes in~each direction
(north and south) and realign the roadway. (Maya DeROSa)
(Gene Niemasz)
A. Zoaina Ordinaace Amendment No. 95-1
RECOMMENDATION: Recommend that the City Council approve Zoning
Ordinance Amendment No. 95-1 for amending the
future right-of-way lines for Standard Avenue
(Specific Plan for Street Alignment No. 56)
B. Nitigated Negative Declaration (E 93-117)
RECOMMENDATION: Recommend that the City Council approve the
Mitigated Negative Declaration (ER No. 93-117).
Commies inner Oliver motioned to continue Zoning Ordinance Amendment
No. 95-1 to August 14, 1995. The motion was seconded by
Commissioner Segura.
AYES: Mondo, Oliver, Nalle, Pedroza, and Segura
NOES: None
ABSENT: Brown and Doughty
4. E%CUSE OF ABSENCES.
Commissioner Oliver motioned to excuse Commissioner Brown's absence. The
motion was seconded by Commissioner Nalle and passed unanimously.
5. ADJOURNMENT.
The Planning Commission meeting adjourned at 8:35 p.m.
i /~k l~ I
. '/' `7a
G, n ondo, Chairman
Planning Commission
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PLANNING COR9NISSION NINNIES Iuly 7A, 1995
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