HomeMy WebLinkAbout12/11/2000ACTION MINUTES OF THE REGULAR MEETING
CITY OF SANTA ANA, CALIFORNIA
PLANNING COMMISSION
December 11, 2000
CALLED TO ORDER City Hall Council Chambers
22 Civic Center Plaza
5:05 p.m.
ATTENDANCE: Glenn Mondo, Chairman
Alexander Nalle, Vice Chairman
Molly Doughty
Lynnette Verino
Don Cribb
Robert Richardson, 5:20
STAFF PRESENT; Cynthia Nelson, Deputy City Manager
Kenneth Adams, Planning Manager
Ben Kauffman, Chief Assistant City Attorney
Joyce Amerson, Public Works Agency
Jeffry Rice, Principal Planner
Joseph Edwards, Principal Planner
Mike McCoy, Police Department
Sharon McCain Johnson, Commission Secretary
CONSENT CALENDAR
A. Approval of the Minutes from the regular meeting of November 27, 2000.
`~ RECOMMENDATION:
Approve the minutes from the meeting of November 27, 2000.
B. Recording Secretarv Report
The November 27, 2000 Agenda was posted at the City Hall Council Chambers on
November 22, 2000 at 9:45 a.m.
C. CONDITIONAL USE PERMIT NO.00-21
Filed by Mr. Juan Alberto Nolasco to allow a Type 41 Alcohol Beverage Control License
in order to sell beer and wine at Anita's Restaurant located at 2317 West First Street,
Suite A.
RECOMMENDATION:
Receive and file the staff report approving Conditional Use Permit No. 00-21 as
conditioned.
D. CONDITIONAL USE PERMIT NO.00-22
Filed by Mr. Juan Jose De Anda to allow a Type 41 Alcohol Beverage Control License in
order to sell beer and wine for on-premise consumption at the Taqueria De Anda
restaurant located at 1029 East Fourth Street.
RECOMMENDATION:
Receive and file the staff report approving Conditional Use Permit No. 00-22 as
conditioned.
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**** END OF CONSENT CALENDAR***
Commissioner Mondo removed item D from the Consent Calendar.
Commissioner Cribb removed the minutes from Consent Calendar.
Commissioner Verino removed item C from Consent Calendar.
Motion to approve item B of the Consent Calendar items.
MOTION
Verino
Mondo, Nalle, Doughty
None
Richardson
None
SECONDED:
Verino, and Cribb
Nalle
AYES:
NOES:
ABSENT:
ABSTENTION:
E. CONDITIONAL USE PERMIT NO.00-21
Filed by Mr. Juan Alberto Nolasco to allow a Type 41 Alcohol Beverage Control License
in order to sale beer and wine at Anita's Restaurant located at 2317 West First Street,
Suite A.
RECOMMENDATION:
Receive and file the staff report approving Conditional Use Permit No. 00-21 as
conditioned.
Commissioner Verino asked staff if the applicant had reviewed the conditions of approval
and if there were any objections raised.
Mr. Kenneth Adams informed the Commission that at the Zoning Administrator hearing,
the applicant stated that he had reviewed and had no objections to the conditions of
approval.
Motion to receive and fife the staff report approving Conditional Use Permit No. 00-
21 as condliioned.
MOTION: Verino SECONDED: Doughty
AYES: Mondo, Nalle, Doughty, Verino, and Cribb
NOES: None
ABSENT: Richardson
ABSTENTION: None
F. CONDITIONAL USE PERMIT NO.00-22
Filed by Mr. Juan Jose De Anda to allow a Type 41 Alcohol Beverage Control License in
order to sell beer and wine for on-premise consumption at the Taqueria De Anda
restaurant located at 1029 East Fourth Street.
RECOMMENDATION:
Receive and file the staff report approving Conditional Use Permit No. 00-22 as
conditioned.
Commissioner Mondo noted that there were mitigation measures stated in the CEQA
documentation that was not indicated on the conditions of approval regarding security
guard and private events and he requested staff clarify the issues concerning the
mitigation measures.
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PLANNING COMMISSION AGENDA
DECEMBER 11, 2000
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
ROLL CALL 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG
PROCEDURAL RULES
PUBLIC HEARINGS
Chairman Mondo announced to the public and the Commission that a letter had been
received requesting a continuance of Conditional Use Permit No. 00-t 5 and Conditional
Use Permit No. 96-39.
1. CONDITIONAL USE PERMIT NO.00-15 (APPEAL NO. 00-08)
Filed by Mr. Alex Burrola to appeal the Zoning Administrator's decision not to allow a
Type 20 Alcohol Beverage Control License in order to sell beer and wine for off-premise
consumption at the Super Antojitos Meat Market located at 2307 South Bristol Street.
(Continued by the Planning Commission November 13, 2000 to December 1 i, 2000)
PUBLISHED IN THE REGISTER: November 3, 2000
PUBLICLY NOTICED: November 3, 2000
RECOMMENDATION:
Adopt a resolution denying Conditional Use Permit No. 00-15.
Motion to continue Conditional Use Permit No. 00-15 to January 8, 2001.
MOTION: Doughty SECONDED: Cribb
AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: None
2. CONDITIONAL USE PERMIT NO.96-39
Filed by EI Tapatio to modify conditions of approval to allow after hour operations; public
dancing; and music at an existing restaurant located at 3700 West Warner Avenue, Suite
B.
(Continued by the Planning Commission November 13, 2000 to December 11, 2000)
1 PUBLISHED IN THE REGISTER: November 3, 2000
PUBLICLY NOTICED: October 29, 2000
RECOMMENDATION:
Deny the request to modify the conditions of approval for Conditional Use Permit No. 96-
39.
Motion to continue Conditional Use Permit No. 96-39 to January 8, 2001.
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MOTION: Cribb
SECONDED: Doughty
AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: None
3.
Filed by Ms. Pamela Sapetto to amend the General Plan designation from Professional
and Administrative Office (PAO) to General Commercial (GC), to change the zoning
district from Professional (P) to Community Commercial (C1) in order to establish a lodge
at an existing structure with a reduction in parking requirements located at 1421 East
Seventeenth Street.
(Continued by the Planning Commission November 27, 2000 to November 27, 2000)
PUBLISHED IN THE REGISTER:
LEGALLY NOTICED:
RECOMMENDATION:
Recommend that the City Council:
November 3, 2000
October 29, 2000
1. Deny General Plan Amendment No. 00-06.
2. Deny Amendment Application No. 00-13.
3. Adopt a resolution denying Variance No. 00-23 as conditioned.
4. Adopt a resolution denying Conditional Use Permit No. 00-10 as conditioned.
Mr. Jeffry Rice, Principal Planner, informed the Commission that the proposed lodge was
continued at the previous meeting in order to allow the applicant and the neighborhood to
have a meeting and discuss concerns regarding the project.
Chairman Mondo informed the public chat the public hearing had been opened,
conducted, and closed at the previous meeting. He would receive comments from the
applicant and the neighborhood representative.
Ms. Pamela Sapetto, representing the applicant, confirmed that a meeting occurred;
informed the Commission that she did not attend the meeting. However, she believed
the general community supported the request with the proposed conditions of approval.
In addition, she informed the Commission that concerns had been raised regarding the
proposed zone change.
Mr. Winston Covington, President of Portola Park Neighborhood Association, confirmed
that a meeting occurred; indicated that the two representatives for the project did not
attend the meeting; the neighborhood was against the proposal. However, if the zoning
was not amended, the neighborhood may consider the request with conditions of
approval.
Mr. Harvel Tasch, local resident, expressed his concerns regarding: 1) the proposed
zoning amendment; 2) the negative impacts that could result to the neighborhood due to
the parking demands; and 3) enforcement of parking.
Mr. John Lear, local resident, requested clarification of the hours of operation of the
lodge; inquired as to the permits for the proposed project with the outstanding issues; and
expressed concerns regarding the parking limitations.
Several Commissioners inquired as to the allowed uses under the area's current zoning.
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Staff informed the Commission that restaurant or office uses would be allowed under its
current zoning.
Commissioner Cribb commented that he could not support the proposed project. He
believed East Seventeenth Street was an entryway into the City and the area attracted
retail uses. He further indicated that he could support a quality restaurant, if proposed in
the future.
Motion to recommend that the City Council: 1) adopt a resolution approving
General Plan Amendment No. 00-06; 2) adopt an ordinance approving Amendment
Application No. 00-13; 3) adopt a resolution approving Variance No. 00-23 with the
addition that an approved security guard be provided for special events and 4)
adopt a resolution approving Conditional t/se Permit No. 00-10 with the addition
that an approved security guard be provided for special events.
MOTION: Mondo SECONDED: Doughty
Chairman Mondo commented that the request was not an easy decision; the rezoning
was appropriate; that the residents concerns would be equally applicable to other
permitted uses. He further suggested to the neighborhood to consider parking permits
for the area; and he emphasized that if the project was approved he would have no
hesitation revoking the conditional use permit if the conditions of approval were not
adhered to.
Commissioner Doughty stated that she concurred with Chairman Mondo and she
believed the lodge could become a good neighbor to the adjacent residents.
Commissioner Richardson emphasized that the adjacent neighbors were opposed to the
project and he urged the Commission to reconsider supporting the project due to the
neighborhood concerns expressed.
Mr. Winston Covington emphasized to the Commission that the neighborhood was
opposed to the project. However, if the Commission chose to approve the project, he
requested that conditions of approval be applied concerning a security guard, special
events, hours of operation and he reiterrated that the neighborhood did not support
rezoning the area.
Ms. Pamela Sapetto stated that the applicant would be willing to provide a security guard
for events at the lodge.
Commissioner Verino stated that she would not support the motion due to the long term
impacts that could occur; she commented that she believed the site could not support
future growth; and she did not want to see the applicant continue to provide funding for
the project.
AYES: Mondo, Nalle, and Doughty
NOES: Verino, Cribb, and Richardson
ABSENT: None
ABSTENTION: None
Due to the impasse, Chairman Mondo informed Ms. Sapetto that she could request a
~, continuance for further Commission consideration or she could accept a denial and
the proposed project would be forwarded to City Council.
Ms. Sappetto requested that the project be forwarded to City Council for
consideration.
(Genera! Plan Amendment No. 00-06, Amendment Application No. 00-13,
Conditional Use Permit No. 00-23, and Variance No. 00-10 denied due to impasse).
4. VARIANCE NO.00-17 /
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Filed by North American Properties to increase the height and size of a pylon sign; allow
secondary signage on the primary building elevation; decrease landscaping around
freestanding signs; and increase secondary building signage located at 1750 East
Edinger Avenue in Specific Development 69 zoning district.
PUBLISHED IN THE REGISTER: November 26, 2000
PUBLICLY NOTICED: November 29, 2000
RECOMMENDATION:
1. Approve and certify the Negative Declaration for Environmental Review No. 00-
194.
2. Adopt a resolution approving Variance No. 00-17 as conditioned.
Commissioner Nalle indicated that he would abstain from the discussion and action of
Variance No. 00-17 due a conflict of interest.
Mr. Bill Apple, Associate Planner, provided an overview of the staff report and
recommendation.
Ms. Rebecca Miller, Mr. Milton, Solomon, and Mr. Mike Jensen, representing the
applicant, provided comments in support of the variance request and answered questions
concerning the request for signage.
Chairman Mondo opened the public hearing at 8:00 p.m.
There were no public comments.
Chairman Mondo closed the public hearing at 8:01 p.m.
Motion to: 1) approve and certify the Negative Declaration for Environmental
Review NO. DO-194; and 2) adopt a resolution approving Variance No. 00-17 as
conditioned.
MOTION: Cribb SECONDED: Richardson
AYES: Mondo, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: Nalle
5. VARIANCE NO.00-16 AND MINOR EXCEPTION NO.00-03
Filed by Second Baptist Church to allow walls and fences to exceed the maximum
allowed height and abut residential property; and shared parking in order to construct a
new church facility located at 4300 Westminster Avenue in the Community Commercial
(C1) zoning district.
PUBLISHED IN THE REGISTER: November 26, 2000
PUBLICLY NOTICED: December 1, 2000
RECOMMENDATION:
1. Approve and certify the Negative Declaration for Environmental Review No. 99-83.
2. Adopt a resolution approving Variance No. 00-16 as conditioned.
3. Adopt a resolution approving Minor Exception No. 00-03 as conditioned.
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Ms. Ann Ni, Associate Planner, presented the staff report, recommendation, and provided
an overview of the proposed project.
Commissioner Mondo noted that the environmental documentation indicated mitigation
measures that were not included in the conditions of approval and asked staff to clarify if
the mitigation measures were necessary to include in the conditions of approval.
Mr. Jeffry Rice, Principal Planner, indicated that staff would like to request that the
mitigation measures be included in the conditions of approval, if the Commission chose
to approve the request.
Commissioners inquired as to whether or not staff was requesting the applicant provide a
vine on the proposed fence and if staff had addressed graffiti issues at the location.
Ms. Ni indicated that the applicant would be required to apply landscaping to soften the
appearance, however staff had not received a landscape plan for the site. Mr. Rice
stated that graffiti had not been a problem at the location.
Chairman Mondo opened the public hearing at 8:11 p.m.
Mr. Matt Evans, representing the applicant, provided comments in support of the project
and indicated that the architect was currently working on the landscape plan.
Mr. Tom Matlock, representing the applicant, requested clarification of conditions of
approval numbers A2 and A3 related to assembly, thrift shops, and food distribution and
asked if the condition precluded providing food to needy families.
Mr. Rice clarified that there was to be no mission type uses at the site and if the applicant
wished such activities, a formal application or request needed to be forwarded to staff.
Motion to: 1) approve and certify the Negative Declaration for Environmental
Review No. 99-83; 2) adopt a resolution approving Variance No. 00-16 with
modifications to the conditions of approval; and 3) adopt a resolution approving
Minor Exception No. 00-03 with modifications fo the conditions of approval.
MOTION: Nalle
SECONDED: Verino
AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: None
6. ABANDONMENT NO. 00-05
Filed by Mr. Dick Kagasoff to abandon an alley between Figueroa Street and Bewley
Street; north of First Street.
PUBLISHED IN THE REGISTER: December 1, 2000
PUBLICLY NOTICED: November 29, 2000
RECOMMENDATION:
Recommend that the City Council:
1. Receive and file the Categorical Exemption for Environmental Review No. 00-91
2. Adopt a resolution approving Abandonment No. 00-05.
Chairman Mondo indicated that due to a conflict of interest, he would abstain from the
discussion and action of the proposed project.
Mr. Taig Higgins, Public Works Agency, presented the staff report and recommendation.
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Vice Chairman Nalle opened the public hearing at 8:22 p.m.
There were no public comments.
Vice Chairman Nalle closed the public hearing at 8:23 p.m.
Motion to recommend that the City Council: i) receive and file the Categorical
Exemption for Environmental Review No. 00-91; and 2) adopt a resolution
approving Abandonment No. 00-05.
MOTION: Cribb SECONDED: Richardson
AYES: Nalle, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: Mondo
7. CONDITIONAL USE PERMIT NO.00-28
Filed by Mekena Resources to allow after hour operations at a proposed service station
located at 1700 East Dyer Road in the Arterial Commercial (C5) zoning district.
PUBLISHED IN THE REGISTER: December 1, 2000
PUBLICLY NOTICED: December 1, 2000
RECOMMENDATION:
1. Approve and certify the Mitigated Negative Declaration for Environmental Review
No. 00-185.
2. Adopt a resolution approving Conditional Use Permit No. 00-28 as conditioned.
Ms. Ann Ni, Associate Planner, presented the staff report and recommendation; and
requested that condition of approval B11 be deleted due to a staff error.
Mr. Donald Robertson, representing the applicant, provided comments in support of
the project.
Chairman Mondo questioned in the applicant planned to request an alcoholic license
for the project in the future.
Mr. Robertson informed the Commission that the applicant did not plan on
requesting an alcoholic license and stated that the after hour operations request was
an oversight during the previous application process.
Chairman Mondo opened the public hearing at 8:27 p.m.
There were o public comments.
Chairman Mondo closed the public hearing at 8:28 p.m.
Motion to: 11 approve and certify the Mitigated Negative Declaration for
Environmental Review No. 00-185,• and 21 adopt a resolution approving Conditional
Use Permit No. 00-28 with modifications to the conditions of approval.
MOTION: Nalle
Doughty
AYES: Mondo, Nalle, Doughty, Verino, Cribb, and Richardson
NOES: None
ABSENT: None
ABSTENTION: None
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8. Comments from the Deputy City Manager.
There were no comments.
9. Comments from the Planning Manager and staff.
There were no comments.
' 10. Comments from the Chief Assistant City Attorney.
Mr. Benjamin Kauffman introduced himself; provided an overview of his legal
experience with other City entities; and informed the Commission that he would be
working with the Planning Commission for the upcoming six months due to staff
changes in the City Attorney's Office.
11. Comments from the Planning Commission.
Commissioner Richardson
• Expressed his compliments regarding the landscaping on east Santa Ana
Boulevard and stated that it was aesthetically pleasing as an entryway.
Commissioner Cribb
• Reported that there was another shed displayed at the Tuff Shed site adjacent
to the 55 freeway.
Commissioner Verino
Reported that there was a lighted sign located at Main and Edinger above a
liquor store, behind the Mobil station and requested staff verify if it was legal.
Commissioner Doughty
Expressed her appreciation for the shopping cart discussion and requested
support in the control of shopping carts in the City neighborhoods.
Chairman Mondo
• Indicated that he received the memo from the Historic Resources Commission
regarding aluminum windows and requested staff schedule a discussion at an
upcoming meeting. Mr. Jeffry Rice indicated that staff would bring a review
of the Commission's objectives at an upcoming meeting.
12. Excuse of absences.
There were no absences
13. Adjournment.
The meeting adjourned at 8:35 p.m.
~l~l.~~~ lL(. J~~~,~_._
Sharon McCain Johnson
Secretary to the Planning Commission
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