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Home My WebLink About04/27/1998ACTION MINUTES OF THE REGULAR MEETING !•iTV /17i CAUTA ANA /`A7777~DATiA ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION APRIL 27, 1998 CALLED TO ORDER City Council Chambers, 22 Civic Center Plaza, Room 147 6:10 p.m. ATTENDANCE Lynnette Verino, Chairperson Glenn Mondo Molly Doughty Alexander Nalle Jose Solorio Don Cribb ABSENT John MacDowell STAFF PRESENT Robyn Uptegraff, Executive Director Kenneth Adams, Planning Manager Gary Sheatz, Assistant City Attorney Sharon McCain-Johnson, Recording Secretazy CONSENT CALENDAR A. Approval of the Minutes from the Regulaz Meeting of April 13, 1998. RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 13, 1998. B. Reconsideration of actions taken at the previous meeting. C. CONDTTIONAL USE PERMIT NO. 98-04 (Marta Crane) Filed by McDonald's restaurant to allow after hour operations for drive-through service located at 666 South Hazbor in the Harbor Boulevard Specific Development 2 zoning district. RECOMMENDATION: Continue Conditional Use Permit No. 98-04 to May 11, 1998. D. ZONING ORDINANCE AMENDMENT NO. 98-02 (Vince Fregoso) Filed by the City of Santa Ana to amend the City codes pertaining to wireless communication facilities. (Continued by the Planning Commission March 9, 1998 to April 27, 1998) RECOMMENDATION: Continue Zoning Ordinance Amendment No. 98-02 to May 11, 1998. E. AMENDMENT APPLICATION NO. 98-03 AND SPECIFIC DEVELOPMENT 65 (Marta Crane) Filed by the City of Santa Ana to change the Professional (P) zoning district to Specific Development 65 located at 2500 North Main Street establishing signage and development standazds for the Discovery Science Center. (Continued by the Planning Commission Apri113, 1998 to April 27, 1998) LEGALLY NOTICED: Mazch 13, 1998 PUBLICLY NOTICED: March i3, 1998 RECOMMENDATION: Continue Amendment Application No. 98-03 and Specific Development 65 to May 11, 1998. F. CONDITIONAL USE PERMIT NO. 95-25 (Vince Fregoso) F. CONDITIONAL USE PERMIT NO. 95-25 (Vince Fregoso) Annual review of Conditional Use Permit No. 95-25 for the Chua Bot Nha Buddhist Temple and Monastery located at 803 South Sullivan Street in the Single-Family Residential zoning district. RECOMMENDATION: Receive and file the staff report approving the annual review of Conditional Use Permit No. 95-25. ***END OF CONSENT*** Motion to appr MOTION: AYES: NOES: ABSENT: ABSTAIN: vve Consent Calendar items. Mondo SECOND: Nalle Verino, Mondo, Doughty, Nalle, Solorio, and Cribb None MacDowell None G. ZONING ORDINANCE AMENDMENT NO. 98-04 Filed by the City of Santa Ana to amend the zoning code to delete the Limited Manufacturing (LM) as a zoning district classification citywide. LEGALLY NOTICED: March 29, 1998 RECOMMENDATION: Recommend that the City Council approve Zoning Ordinance Amendment No. 98-04. Ms. Linda Hale, Senior Planner, presented the staff report and recommendation. Motion to recommend that Cuty Council approve Zoning Ordinance Amendment No. 9&04. ' MOTION: AYES: NOES: ABSENT: ABSTAIN: H. Discussion of I Nalle SECOND: Doughty Verino, Mondo, Doughty, Nalle, Solorio, and Cribb None MacDowell None iiscovery Museum and Specific Development 65. Ms. Uptegraff lead a discussed with the Commission regarding sign proposals for the Discovery Science Center and informed them of the creation of a subcommittee to resolve signage issues. The Commission endorsed Commissioner MacDowell as their representative for the subcommittee. I. Comments from the Executive Director. There were no comments. J. Comments from Planning Manager. Mr. Adams informed the Commission that the applicant for 2828 North Bristol would be coming forwazd to request a zone change from General Agriculture to Single-Family Residential. In addition, Mr. Adams noted that the plans for the residential homes were of high quality; staff had received the application for the development; and the applicant was prepazing to begin construction of the model homes during the summer. K. Comments from the Planning Commission. Commissioner Solorio informed staff that the O'Neil property had several banners and was promoting political candidates. Ms. Uptegraff indicated that enforcement was underway. Mc Adams stated to the Commission that staff had proposed an ordinance banning banners but the ordinance had not been acted upon by the City Council. The code currently allows temporary banners for 30 days, twice a yeaz. He further expressed to the Commission that if they would like staff to be more pro-active in PUNNING COMhR8310N MINVTPS L APRIL 27, 1998 enforcement of the banners, the sign ordinance should be re-evaluated. Several of the Commissioners n1..oe.i •1..,t •60 ...........vA ....d:.. ~....e ..6....Id M .,...........a ..«..,. ......._ n_~.,.__i__i__ _~~____.__ ..__ enforcement of the banners, the sign ordinance should be re-evaluated. Several of the Commissioners agreed that the proposed ordinance should be reviewed once again. Particulazly addressing the banner and balloon issues. Commissioner Cribb informed staff that there was a new check cashing facility located at Lincoln and Grand and asked if the City was informed before these facilities opened. Mr. Adams responded that there was no action required to notify staff of their openings. Commissioner Mondo requested that staff consider requiring conditional use permits for check cashing facilities. Commissioner Cribb also informed staff that he had been contacted by the LA Times on several ' occasions and asked what the appropriate action would be when contacted. Mr. Adaros responded that the Commissioners aze a decision making body that it would be appropriate to decline to comment on any item that anticipated a Commission heazing. Commissioner Cribb informed staff that the owner of Tapa's would like to move into Santa Ana and requested that staffinform her of an appropriate location. Commissioner Cribb informed staff that two pads had been prepazed at 2200 Spurgeon Street and expressed his concern regarding the size and location of the pads and requested staff investigate. Madam Chair Verino informed staff that she was apprised of the previous Kenny Rogers restaurant on Bristol would be replaced by a Denny's restaurant. Commissioner Doughty asked if staff was aware of a replacement for the Fazm to Mazket grocery store and asked the status of the previous El Comal restaurant site. Mr. Adams indicated that he had not been informed of any replacements for the grocery store, however, he was awaze that a new lease had been signed for the previous restaurant but he did not know any details. L. Recess. The afternoon session recessed at 7:00 p.m. PLANNING CGhAIlSSIGN A1INUTFS S APRIL 27, 1998 PUBLIC HEARINGS PUBLIC HEARINGS Filed by Mr. John Coil to appeal the Zoning Administrator's decision upholding a condition prohibiting live entertainment in conjunction with a Type 41 Alcoholic Beverage Control License at the Green Parrot Cafe located at 2035 North Main Street in the Community Commercial and Museum District (Cl-MD) zoning district. LEGALLY NOTICID: April 12, 1998 PUBLICLY NOTICED: April 13, 1998 RECOMMENDATION: Adopt a resotution approving Conditional Use Permit No. 98-OS as conditioned. Mr. Thomas Childress, Associate Planner, provided an overview of the project and staff recommendation. In addition, Mr. Childress noted that the staff report stated that the restaurant was located in an average crime azea in the City but it should read it was above average in crime. Mc Adams informed the Commission that the applicant had requested at the Zoning Administrator's hearing to remove Police Department condition number five, which prohibited live entertainment and public dancing at the restaurant. He as the Zoning Administrator approved the conditional use permit as conditioned and forwazded the matter to the Commission for appeal of that condition of approval. Ms. Yolanda Pena, Police Department, informed the Commission that the request for a disc jockey was purposely excluded due to the noise intruding into the residential neighborhood. In addition, the Police Department had concerns regazding public members attending functions uninvited; disc jockeys encouraging flyer parties; and the long term affects that could occur to the surrounding community. Mr. Gene Andres, applicant, requested approval of the project and indicated that it was difficult to estimate what type of music would be played at the restaurant. In addition, he stated that the purpose of the music was to contribute to the ambiance of the restaurant. ROLL CALL ~.~ P m PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES 1. APPEAL OF ZONING ADMINISTRATOR'S DECISION NO 98-01 Mr. John Coil, applicant, provided an overview of the restaurant and indicated that he would like to have music on occasion, especially for weddings and receptions. In addition, he stated that he did not want to become a nuisance to the neighborhood but wanted the restaurant to be an asset in the community. Commissioner Solorio asked if staff was purposely recommending denial of the request for a disc jockey. Commissioner Doughty asked staff what was the allowable decibels for entertainment. Mr. Mike McCoy, Police Department, indicated that per code, 55 decibels was allowable during the day and 50 decibels were allowed at night. There were no public comments. Motion to approve Conditional Use Permit No. 98-OS with the deletion of Police DepaRment condition number five and the addition that live entertainment would be permitted not to exceed the 50-55 decibels. MOTION: Doughty SECOND: Cribb Substitute motion to approve Conditional Use Permit No. 98-OS with the deletion of Police DepaRment condition number five and the addition that live entertainment and public dancing would be permitted ancillary to the original cafe use. MOTION: Doughty SECOND: Cribb PLANNING COMMISSION MINUTES APRIL 27, 1998 Madam Chair Verino noted that she would be voting in opposition to the request and stated that usual Madam Chair Verino noted that she would be voting in opposition to the request and stated that usual protocol from the Commission was to require the applicant to develop a track record with the City when approving an alcoholic beverage license. Once the track record was established and the applicant remained in good standing, for a approximately six months, then a request for live entertainment would be evaluated. AYES: Mondo, Doughty, Nalle, Solorio, and Cribb NOES: Verino ABSENT: MacDowell ABSTAIN: None ' 2. ORAL COMMUNICATIONS -COMMENTS FROM THE PUBLIC. (For matters not previously listed on the Agenda) There were no oral comments. 3. EXCUSE OF ABSENCES. Commissioner Doughty moved to approve the absence of Commissioner MacDowell. The motion was seconded by Commissioner Nalle and unanimously approved. 4. ADJOURNMENT. The meeting adjourned at 7:45 p.m. SM7 L mette Verino, Chairperson Planning Commission PLANNING COMMISSION MINUTES ~ APRIL 27, 1999