Loading...
HomeMy WebLinkAbout09/28/1998ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION SEPTEMBER 28, 1998 A. ' B. C. CALLED TO ORDER City Council Chambers 22 Civic Center Plaza, Room 147 Santa Ana, California ATTENDANCE Lynnette Verino, Chairperson John MacDowell, Vice Chairman Glenn Mondo, Pro Tem Molly Doughty Alexander Nalle Jose Solorio Don Cribb ABSENT None STAFF PRESENT Robyn Uptegraff, Executive Director Kenneth Adams, Planning Manager Gary Sheatz, Assistant City Attorney Sharon McCain-Johnson, Recording Secretary CONSENT CALENDAR Approval of the Minutes from the regular meeting of September 14, 1998. RECOMMENDATION: Approve the Minutes of the meetings of September 14, 1998. Reconsideration of actions taken at the previous meeting. CONDITIONAL USE PERMIT NO. 98-17. TENTATIVE TRACT MAP NO. 15748 ALLEY ABANDONMENT NO. 98-OS (Joseph Edwards) Filed by Mr. Arthur Strock to allow artist livelwork uses; to subdivide properties; and to integrate abandoned portions of an alley in order to construct 46 livelwork studios located at 201 North Main Street in the Central Business-Artist Village (C3-A) zoning district. LEGALLY NOTICED: September 18, 1998 Continue Conditional Use Permit No. 98-17, Tentative Tract Map No. 15748, Alley Abandonment No. 98-08 indefinitely. NEIGFIBORHOOD PROTECT REVIEW NO. 98-03 (Mike Brewster) D. Filed by Mr. Ruben L. Pena to allow the addition of a master bedroom and bathroom to an existing single-family residence located at 601 West McFadden Avenue in the Specific Development 40 zoning district. RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 98-03. E. CONDITIONAL USE PERMIT NO. 98-13 (Jeffry Rice) Filed by Mr. Tom Sullivan to allow a Type 21 Alcohol Beverage Control License in order to sell beer, wine, and distilled spirits far off-premise consumption at Crawford Market Located at 3700 West McFadden Avenue in the Specific Development 2 zoning district. RECOMMENDATION: RECOMMENDATION: 1. Receive and file the staff report approving Conditional Use Permit No. 98-13 as conditioned. 2. Authorize a letter of public convenience and necessity for a Type 21 Alcohol Beverage Control License at this location. *** END OF CONSENT CALENDAR *** Commissioner Cribb removed the minutes from Consent Calendar and requested modifications to the minutes of September 14, 1998. Commissioner Nalle also requested modifications to the minutes of September 14, 1998. Commissioner Mondo removed item E from Consent Calendar for discussion. Motion to approve remainder Consent Calendar items with the noted modifications to the minutes of September 14, 1998. MOTION: Mondo SECOND: MacDowell APES: Verino, MacDowell, Mondo, Nalle, and Cribb NOES: None ABSENT: Doughty and Solorio ABSTAIN: None E. CONDITIONAL USE PERMIT NO. 98-13 Filed by Mr. Tom Sullivan to allow a Type 21 Alcohol Beverage Control License in order to sell beer, wine, and distilled spirits for off-premise consumption at Crawford Market Located at 3700 West McFadden Avenue in the Specific Development 2 zoning district. RECOMMENDATION: i Receive and file the staff report approving Conditional Use Permit No. 98-13 as conditioned. 2. Authorize a letter of public convenience and necessity for a Type 21 Alcohol Beverage Control License at this location. Commissioner Mondo noted that all of the normally required conditions of approval for conditional use permits were not listed. Mr. Mike McCoy indicated that a police substation would be at the location and indicated that because of the substation staff believed it would discourage criminal activity in the area. Commissioner Mondo requested that staff inform the Planning Commission should the police substation be removed from the location, to allow the Planning Commission to review the conditional use permit. Mr. Dick Kelter, representing the applicant indicated that the applicant had not objections for the Planning Commission to review the conditional use permit should the substation be removed from the location. Motion to approve Conditional Use Permit Na. 98-13 as conditioned. MOTION: Mondo SECOND: MacDowell ' AYES: Verino, MacDowell, Mondo, Nalle, and Cribb NOES: None ABSENT: Doughty and Solorio ABSTAIN: None PLANNING COMMISSION MINUTES 2 Sepmmbee 2B, 1998 F. ZONING ORDINANCE AMENDMENT NO. 98-OS F. ZONING ORDINANCE AMENDMENT NO. 98-OS Filed by the City of Santa Ana to adopt citywide policies for exterior telephones requiring all exterior telephones be permitted with a land use certificate. (Continued by the Planning Commission September 14, 1998 to September 28, 1998) LEGALLY NOTICED: August 30, 1998 RECOMMENDATION: ' Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 98-05. Mr. Kenneth Adams, Planning Manager, indicated that Zoning Ordinance Amendment No. 98-05 had been continued to address concerns regarding the required fees for the processing of the land use certificates. Mr. Adams further stated that staff had revisited the processing fee of $150 and recommended that the fee amount remain the same. However, staff would be willing to modify the exemptions for the telephones that had obtained land use certificates and those that were in compliance within a three year window period. In addition, he stated that staff would not support exposed conduit and would continue to recommend only allowing six inches of conduit for the telephones. Commissioner Mondo asked if staff was recommending that each pay phone location be required to pay a $150 fee. Mc Adams responded that the cost of a land use certificate for each telephone would be $150. Mr. Tom Webber, representing Pacific Bell, thanked staff for the recommendation of a three yeaz window to bring a telephone into compliance, but reiterated his concern regarding requiring a $150 fee and the recommendation to only allow six inches of conduit. In addition, Mr. Webber, displayed some examples of payphone to illustrate the need for the allowance of additional conduit. After further discussions regarding the amount of payphones permitted at locations, Federal ' Communication regulations, and whom staff would hold accountable for the maintenance of the telephones, Commissioner Nalle moved to continue Zoning Ordinance Amendment No. 98-OS to October 26, 1998. The Commission further requested staff to address only imposing a fee per the location rather than per telephone and to provide a survey to the Commission indicating an average of conduit per pay phone in the City. Motion to continue Zoning Ordinance to October 26, 1998. MOTION: Nalle SECOND: Mondo Ms. Uptegraff asked if the Commission would consider continuing Zoning Ordinance Amendment No. 98-05 to October 12, 1998 instead of October 26, 1998. Commissioner Solorio also requested that staff provide a chart of how other cities were regulating their payphones and whether or not advertisements were allowed on the side panels of the telephones. Ms. Uptegraff mentioned to the Commission that many cities had not established criteria to regulate pay phones and that Santa Ana was taking the lead to set a precedent. Motion to continue Zoning Ordinance No. 98-OS to October 12, 1998. ii MOTION: Nalle SECOND: Mondo AYES: Verino, MacDowell, Mondo, Doughty, Nalle, and Cribb NOES: None ABSENT: Doughty ABSTAIN: None PUNNING COMMI8510N MINUTES 3 Sep~ember 28, 1998 G. G. Filed by the City of Santa Ana to develop an ordinance for adult entertainment citywide. H. ZONING ORDINANCE AMENDMENT NO. 98-06 ZONING ORDINANCE AMENDMENT NO. 98-06 LEGALLY NOTICED: September 18, 1998 RECOMMENDATION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 98-06. Mr. Vince Fregoso, Associate Planner, presented the staff report and recommendation. Mr. Ben Kauffman, City Attorney's Office, presented and discussed the proposed ordinance pertaining to adult entertainment and held a question and answer session with the Commission regarding the proposed ordinance. The Commission requested that staff review and make the necessary revisions to the language of the ordinance. Commissioner Mondo mentioned that many cases are conditioned that the applicant maintain a security guard on the premises and stressed the need to obtain background investigations and to acquire legitimate licenses for all security guards. Motion to continue Zoning Ordinance No. 98-06 to October 12, 1998. MOTION: MacDowell SECOND: Nalle APES: Verino, MacDowell, Mondo, Doughty, Nalle, and Cribb NOES: None ABSENT: Doughty ABSTAIN: None Recess. The afrernoon session recessed at 7:10 p.m. PL4NNING COMMISSION MINUTES 4 Sepwnbar 28, 1998 PUBLIC HEARINGS PUBLIC HEARINGS ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL. RULES I. CONDITIONAL USE PERMIT NO. 98-07 7:00 p.m. Filed by Ms. Sonia Johnson to allow the development of a recycling facility located at 1011 East Pine Street in the Light Industrial (Ml) zoning district. (Continued by the Planning Commission September 14, 1998 to September 28, 1998) LEGALLY NOTICED: June 7, 1998 PUBLICLY NOTICED: June 9, 1998 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 98-07 as conditioned. ~~ n 2. 2. Adopt a resolution approving abandonments of a portion of Pine Street and Santa Fe Street; a portion of an alley between Pine Street and Walnut Streets; and an alley between Pine Street and Chestnut Avenue (Abandonment No.'s 98-02, 03, 04, and OS). Chairperson Verino noted that the public hearing had been conducted and completed on September 14, 1998. Mr. Kenneth Adams, Planning Manager, apprised the Commission that he and the property owners had met on Friday, September 25, 1998 and no resolution had been met. Motion to approve Conditional Use Permit No. 98-07 to October 12, 1998 with the modifications to the conditions of approval that the Planning Commission review the conditional use permit at the times specified. MOTION: MacDowell SECOND: Nalle AYES: Verino, MacDowell, Mondo, Doughty, Nalle, and Cribb NOES: None ABSENT: Doughty ABSTAIN: None Commissioner Mondo noted that he was in support of the expansion of the facility; that the Commission did not have a right to force the sale of the property; but directed staff to closely monitor the location to ensure that there were no violations of the conditions of approval for the conditional use permit. Commissioner Solorio thanked the members of the public for expressing their concerns of the proposed project. Chairperson Verino expressed her support for the project and stated that she hoped the applicant, property owners, and the neighborhood could make the project successful. CONDITIONAL USE PERMIT NO. 98-15 Filed by Mr. Larry Lake to allow a Type 21 Alcohol Beverage Control License in order to sell beer, wine, and distilled spirits for off-premise consumption at a proposed Rite-Aid drug store located at 111 Nor[h Main Street in the Central Business District-Artist Village (C3-A). LEGALLY NOTICED: September 18, 1998 PUBLICLY NOTICED: September 17, 1998 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 98-15. Mr. Thomas Childress, Associate Planner, presented the staff report and recommendation. PLANNING COMMISSION MINUTES 5 September 28, 1998 Commissioner Cribb noted that he had several discussions with the applicant regarding the proposed ......1..,.a n..A •L .. L,. .... G...~.A..d •L,. 11.... ...,__L ____ Commissioner Cribb noted that he had several discussions with the applicant regarding the proposed project and the he co-founded the live work area. Mr. Kenneth Adams, Planning Manager, noted that there were no site plan issues, however the driveway egress and ingress had not been resolved with staff and the issue would need to be discussed with City Council. Mr. Latty Lake, representing the applicant, indicated that if the alcohol beverage control license was granted by the Commission, the applicant would be willing to control the license of the previous store and the applicant would be willing to discontinue sales at 10:00 p.m. There were no public comments. After further discussions regarding the transfer of the alcoholic license, subleasing, and the maintenance of the current location, Mr. Adams requested that if the Commission was considering granting an approval, that the project be continued to develop findings that would support a liquor license at the location and to create conditions of approval for the project. Motion to continue Conditional Use Permit No. 98-IS to October I2, 1998 and requested that a condition be imposed on the applicant to maintain a lease with a client not to allow alcoholic sales at the location. MOTION: MacDowell SECOND: Nalle AYES: Verino, MacDowell, Mondo, Doughty, Nalle, and Cribb NOES: None ABSENT: Doughty ABSTAIN: None 3. Appointment of Historic Resources Commissioner. (Madam Chair Verino) Mr. Joseph Edwards, Principal Planner, informed the Planning Commission that City Council had established a Historic Resources Commission; several members had been appointed for the new Commission; and that a member from the Planning Commission and Redevelopment Commission was also to be on the new Historic Resources Commission. Commissioner Mondo moved to nominate Commissioner Cribb as a Historic Resources Commissioner. The motion was seconded and unanimously passed. Commissioner Cribb discussed with the Commissioners his qualifications to be on the new Commission and requested that Commissioner MacDowell be an alternate to him as a Historic Resources Commissioner. 4. Comments from the Executive Director. Ms. Robyn Uptegraff informed the Commission that the development of the cube for the Discovery Science Center was forthcoming and informed the Commission that if they wanted to see the design of the cube, it was on the Internet. 5. Comments From Planning Manager. Mr. Kenneth Adams informed the Commission that the Discovery Science Center would be coming forward to the Commission within the next month to request to modify the previously approved landscape plan. 6. Comments from the Planning Commission. Commissioner Solorio indicated that he had previously asked staff to follow up on the rolling ' billboard at Vista Paint and the Chuck O'Neal site off of the 55 freeway advertising. Ms. Uptegraff stated that notice of violations had been issued on each banner at the O'Neal site, that there would be a meeting before the hearing officer. In addition, she stated that the applicant may need a variance and would come before the Planning Commission, however, she reiterated to the Commission that the enforcement of these such cases were a lengthy process and usually took a minimum of one year to complete the enforcement period. In addition, she stated that she would need to follow up on the Vista Paint site. Commissioner Solorio further mentioned that a progress report would be helpful to the Commission, especially when items have been mentioned of concern by the Commission. Commissioner MacDowell indicated that the was a banner indicating construction on north Spurgeon. Ms Uptegraff indicated that staff was currently addressing the issue. PLANNING COMMISSION MINUTES 6 September 28, 1998 Chairperson Verino indicated that she had noticed that at a lot of auto repair shops there were many Chairperson Verino indicated that she had noticed that at a lot of auto repair shops there were many vehicles on and around the site and asked if there was an ordinance in place requiring how many cars could be at a repair location and whether or not they could be on public streets. Mr. Adams responded that an ordinance had been previously adopted requiring cars to be stored on-site and in an enclosed garage with a garage door. 7. ORAL COMMUNICATIONS -COMMENTS FROM THE PUBLI (For matters not previously listed on the Aeendal There were no comments. ' 8. EXCUSE OF ABSENCES. Commissioner Mondo moved to excuse the absence of Commissioner Doughty. The motion was seconded by Commissioner Nalle and unanimously passed. 9. AD.iOURNMENT. The Planning Commission meeting adjourned at 8:40 p.m. SMJ NVI~,c"~~'Z~!L~ L ntte Verino, Chairperson Planning Commission PLANNING COMMISSION MINUTES / Szptember 28, 1996