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HomeMy WebLinkAbout02/10/1997MINUTES OF TEE REGULAR MEETING CITY OF SANTA ANA. CALIFORNIA MINUTES OF TEE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION FEBRUARY 10, 1997 The Regular Meeting of the Santa Ana Planning Commission was called to order by Chairman Nalle at 6:00 p.m. in the City Council Chambers, Room 1478, located at 22 Civic Center Plaza, Santa Ana, California. Other Commissioners present included: Oliver, Doughty, Mondo, Pedroza, MacDowell, and Hanna. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Charles View, Senior Planner; Linda Hale, Senior Planner; Bill Apple, Assistant Planner II; Kurth Nelson, Assistant Planner I; Ann Ni; Assistant Planner I; Pam Lucado, Public Works Agency; Mike McCoy, Police Department; and Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THB FLAG: The Pledge of Allegiance was led by Chairman Nalle. PROCEDURAL RULES: The procedural rules for the session were read by Chairman Na11e. A. Approval of the Minutes from the Regular Meeting of February 10, 1997. Approve the Minutes of the Regular Meeting of February 10, 1997. B. Reconsideration of actions taken at the previous meeting. None. C. ZONING ORDINANCE AMENDMENT NO. 96-07 (Thomas Childress) Filed by the City of Santa Aha to modify permitted locations for small recycling centers citywide and to provide a one year amortization of existing small recycling centers citywide. LEGAL NOTICED: January 29, 1997 PUBLIC NOTICED: January 27, 1997 Continue Zoning Ordinance Amendment No. 96-07 to February 24, 1997. *** E N D OF C O N S E N T*** MOTION: Mondo SECOND: Pedroza AYES: Na11e, Oliver, Doughty, Mondo, and Pedroza NOES: None ABSENT: None ABSTENTION: MacDowell and Hanna D. APPEAL OF THE PLANNING MANAGER'S DECISION NO. 96-02 (Kurth Nelson) Filed by Ms. Jean Ellen Schroepfer to appeal the Planning Manager's decision denying a legal nonconforming status for property located at 4901 1/2 Weat Fifth Street in the Single-Family Residential zoning district. RECOMMENDATION: Deny Appeal of the Planning Manager's Decision No. 96-02. Mr. Kurth Nelson, Assistant Planner I, provided an overview of the staff report and staff recommendation. Ms. Jean Schroepfer, applicant, provided pictures of the site and discussed with the Commission when she had bought the property; that she had been using the property as rental units; and that denial of the request would bring hardship herself and to the rental family. Commissioner Pedroza asked Ma. Schroepfer what type of description she received from the real estate agent when she purchased the property and what the records reflect regarding the unite. Ms. Schroepfer indicated that the property was listed as four addresses; however, there was no record of the building permits. Mr. Kenneth Adams, Planning Manager, indicated that the property was zoned R1. One unit per 6,000 square feet. In addition, Mr. Adams commented that it was difficult for staff to make any other recommendation other than a denial. However, the noted applicant was not the apparent guilty party of the conversion. Chairman Nalle asked how the property issue was initiated. Mr. Adams responded that a complaint had been received by the Code Enforcement Division as a clean up effort. Commissioner Oliver asked if the guest home met all building requirements. Commissioner Oliver asked if the guest home met all building requirements. Mr. Adams responded that no inspection of the guest home had been conducted. Commissioner Nalle asked what would take place if the decision was overturned. Me. Uptegraff indicated that the issue before the Commission was a land use issue. If the decision was overturned, the applicant could make a business decision and apply for: a general plan amendment, an amendment application, modification to the original variance, and a variance to bring the property up to standards. Commissioner Mondo commented that decisions on these types of situations were ' always difficult. However, staff had clear records indicating that permits for the property had not been issued and these types of uses have been devastating to the City of Santa Ana and cause many problems. Notion to continue Appeal of the Planning Xanagera Decision No. 96-02. MOTION: Oliver SECOND: Hanna No vote took place. Mr. Adams emphasized to the Commission that whatever decision made would send a clear message to the applicant and the area surrounding the property. After further discussion. Notion to overturn the Planning Xanager's decision. MOTION: Oliver SECOND: Hanna AYES: Nalle, Oliver, and Hanna NOES: Mondo, Doughty, Pedroza, and MacDowell ABSENT: None Notion failed. Xotion to deny Appeal of the Planning Xanager's Decision No. 96-02. MOTION: Mondo SECOND: Pedroza AYES: Mondo, Doughty, Pedroza, and MacDowell NOES: Na11e, Oliver, and Hanna ABSENT: None E. ZONING ORDINANCE AMENDMENT NO. 97-01 (Bill Apple) Filed by the City of Santa to allow carwashes with a conditional use permit in the Light Industrial (M1) and Heavy Industrial (M2) zoning districts. LEGAL NOTICED: January 29, 1997 Recommend that the Planning Commission approve Zoning Ordinance Amendment No. 97-01. Mr. Bill Apple, Assistant Planner II, presented the staff report and staff recommendation. Commissioner Mondo asked if any particular project initiated the proposed amendment. Mr. Apple responded that it was a general ordinance. No inquiries initiated the ordinance. Commissioner Pedroza asked if there were any problems within any gas stations. Mr. Apple indicated that the only problem was that some gas stations had too many uses which caused circulation problems. Commissioner MacDowell asked if there were any reasons why the gas stations were not allowed in the Industrial zones. Mr. Adams responded that the current trend for many gas stations was to request mini marts as well as car washes. Notion to approve zoning Ordinance Amendment No. 97-01. MOTION: Doughty SECOND: MacDowell AYES: Nalle, Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDowell NOES: None ABSENT: None PLANNING COMhU5S10N h1INU1'ES 2 FEBRUARY 10, 1996 E. Cormeats fror the Executive Director. (Robyn Uptegraff) E. Cormeats fror the Executive Director. (Robyn Uptegraff) No comments. F. Corrents fror the Planning Manager. (Kenneth Adams) In response to Commission requests: 1. 2828 North Bristol. There was no new status on the site. cooper fellowship submitted several concept proposals. Staff had not made any recommendations to the proposals. 2. Aonlebeea. Staff had met with the representatives of Applebees as well as the neighborhood. The project is currently in the site plan review process. 3. Shimizu site. The property is on the market. There were rumors that the Shimizu project and Town and Country would be combined. However, there was no substantiation to the rumors. Mr. Adams commented that staff has emphasized to interested parties that the City•a expectations revolve around a high quality project for the location. In addition, Mr. Adams welcomed Commissioners Hanna and MacDowell. He informed the new Commissioners that staff would like to hold a seminar for them on March 27, 1997 from 1:00 p.m. to 5:00 p.m. and have a pot luck following the Seminar to welcome Commissioners Hanna and MacDowell as well as wish a fairwell to previous Commissioners Brown and Segura. Mr. Adams introduced and welcomed Ma. An Ni as the new Assistant Planner I of the Planning Division. G. Corrects from the Planning Commission. Commissioner Doughty informed staff that there was unsightly graffiti at 160 West Seventeenth Street and requested it be removed. Commissioner Mondo indicated that staff may be interested in considering establishing a rental/re-sale inspection program for properties Commissioner Doughty commented that Newport Beach had an inspection program, but, it was not as effective and everyone had hoped. Commissioner Pedroza indicated that a petition had been circulated for a portion of the property on the 1800 block of Martha Lane and College to become permit parking. She noted that permit parking in the area could become a problem. Commissioner MacDowell requested staff to inform him of the following: 1. The former First Interat ate building located at 521 West Seventeenth Street. There were rumors that the building may become an automotive use. 2. The status of the E1 Comal restaurant located at 901 West Seventeenth Street. Ms. Uptegraff indicated that the City requires burn sites to be secured by a fence. The owner had installed a fence on the site for security. But staff would allow the owner time to work with his insurance company for rehabilitation of the building. H. Recess. Recessed at 7:15 PLANNING COMMISSION MINUTES 3 FEBRUARY 10, 1996 PUBLIC HEARINGS PUBLIC HEARINGS ROLL CALL: The Reqular Meeting of the Santa Ana Planning Commission was called to order and conducted by Chairman Nalle in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Roll call was answered by Commissioners Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDowell. Also in attendance were: Robyn Uptegraff, Executive Director; Kenneth Adams, Planning Manager; Gary Sheatz, Deputy City Attorney; Charles View, Senior Planner; Linda Hale, Senior Planner; Sergio Klotz, Associate Planner; Pam Lucado, Public Works Agency; Mike McCoy and Yolanda Pena, Police Department; Sharon McCain-Johnson, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by Chairman Na11e. PROCEDURAL RULES: The procedural rules for the session were read by Chairman Nalle. PUBLIC HEARINGS, 7:00 to.m. 1. AMENDlH;NT APPLICATION NO. 96-13 (Thomas Childress) Filed by Birtcher properties to amend the existing Specific Development 12 zone to accommodate an expansion of the existing Orange County Business Center located at 1221-1261 East Dyer Road. (Continued by Planning Commission January 13, 1997 to February 10, 1997) LEGAL NOTICED: November 29, 1996 PUBLIC NOTICED: November 27, 1996 liECOMMt'N LATlON : Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-13. Mr. Adams requested Amendment Application No. 96-13 be continued to February 24, 1997 to allow staff the additional time to polish the Specific Development document. Notion to continued Amendment Application No. 96-13. MOTION: Doughty SECOND: Mondo AYES: Na11e, Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDowell NOES: None ABSENT: None 2. AMENDMENT APPLICATION NO. 96-14 (Sergio Klotz) Filed by the City of Santa Ana to rezone properties from Two-Family Residential (R2) to Single-Family Residential (R1) located at 2303, 2305, and 2307 North Bush and 202, 204, and 210 East Santa Clara Avenue. LEGAL NOTICED: January 26, 1997 PUBLIC NOTICED: Jariuary 27, 1997 Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-14. Mr. Sergio Klotz, Associate Planner, presented the staff report and staff recommendation. Commissioner Doughty asked if Park Santiago had been notified of the rezoning request. Mr. Klotz indicated that the association was notified and no objections had been raised. Notion to approve Amendment Application No. 96-14. MOTION: Doughty SECOND: Pedroza ' AYES: Na11e, Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDowell NOES: None ABSENT: None 3. ANENDNNT APPLICATION NO. 96-16 (Sergio Klotz) Filed by the City of Santa Ana to rezone property from Multiple Family Residential (R3) to Two Family Residential (R2) located at 2003, 2015, 2025, 2033, 2035, 2053, 2057,2059, 2061 North Bush Street; 211, 215, 219, 221, 223, 227 East 20th Street; and 1714-1919 North Spurgeon Street. LEGAL NOTICED: January 26, 1997 PUBLIC NOTICED: January 27, 1997 PLANNING COM[.USSION MINUTES 4 FBBRUARY 10, 1996 RECONMENDATION: Recommend that the City Council adopt an ordinance approving Amendment Application No. 96-14. Mr. Klotz presented the staff report and staff recommendation. Xotion to approve Aeendaient Application Xo. 96-16. MOTION: Oliver SECOND: MacDOwell AYES: Nalle, Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDOwell NOES: None ABSENT: None 4. VARIANCE NO. 97-01 (Sergio Rlotz) Filed by Buddhist Temple to allow a noncontiguous parking lot in conjunction with a proposed temple located at 5010 Weatminater Avenue with a proposed temple use located at 4918 Weatmina ter Avenue. LEOAL NOTICED: January 26, 1997 PUBLIC NOTICED: January 27, 1997 Approve Variance No. 97-01 as conditioned and adopt the findings ae submitted by staff. Mr. Klotz presented the staff report and staff recommendation. Commissioner Doughty asked how many parking spaces the project would allow. Mr. Klotz responded a total of 32 spaces. Mr. Nho Trong Nguyen, representing the applicant, expressed his thanks to the Planning division and indicated that the temple had been in operation at the location for many years and he had not received any concerns from the local neighborhood. In addition Mr. Nguyen stated that the temple was determined to make the project a success and an asset to the community. Mr. Larry Greer, Traffic Consultant, explained the circulation plan for the project. ' The following members expressed support for the project. It was expressed that the temple would assist in teaching morality to young adults, cultural studies, and benefit the community. Thich Minh Duc Gary Govett Quang Pham Michelle Ma Hieu Do Francis Ong The following person spoke in support of the project but expressed concerns regarding traffic circulation, noise, parking, pedestrian crossing, special event occurrences, and the number of people attending special events. John Cleary Commissioner Hanna asked what type of impact would occur if the plane for the entry steps were relocated. Mr. William Berry, Consultant, responded that the temple was designed per tradition. it would not have any impacts to the temple, but the applicant would like to uphold tradition. Commissioner Oliver asked if staff regulated the number of people attending special events. Mr. Adams responded that Planning could not regulate the number of persons attending special events. But both the Police Department and Fire Department would have safety concerns regarding large crowds attending special events. Commissioner Oliver indicated that he supported the request but was concerned regarding a contingency plan for the special events. In addition, he indicated that he supported a one year review of the project as well a contingency plan for the special festivals. Commissioner Mondo asked if any permits were needed for special events. Mr. Mike McCoy indicated that a land use certificate was required. After further discussion, there was a motion to approve Variance No. 97-01 with modifications to conditions requiring annual reviews and the applicant to obtain proper permits for special events. PIANNING COMMLSSION MINUTES 5 FEBRUARY 10, 1996 Xotion to approve Variance No. 97-01 with modifications. Xotion to approve Variance No. 97-01 with modifications. MOTION: Oliver SECOND: Pedroza AYES: Nalle, Oliver, Doughty, Mondo, Pedroza, Hanna, and MacDOwell NOES: None ABSENT: None 5. OAAI. COMMUNICATIONS - CONVENTS FROM THE PUBLIC. (For vatters not ureviously listed on the Aaendal Mr. Nho Tran Nguyen, representing Buddhist Temple, expressed that he believed the Commission did not believe or trust in the ability of the Temple to control its members and the special events that would take place; that the ' temple would be a value to the community in assisting; and he requested that the Commission not impose the additional conditions of approval. Commissioner Doughty responded to Mr. Nguyen that the conditions imposed were not meant to be personal attacks against the Temple but the Commission believed that the additional conditions of approval would benefit the entire community and ensure safety for all parties involved. 6. EBCUSE OF ABSENCES. There were no absences. 7. The meeting adjourned at 9:20 p.m. SMJ f <` AlexanGler Valle, Chairman Planning Commission PLANNING COMMISSION MINUTES ( FEBRUARY [0, 1996