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HomeMy WebLinkAbout09/13/1999ACTION MINUTES OF THE REGULAR MEETING ACTION MINUTES OF THE REGULAR MEETING CITY OF SANTA ANA, CALIFORNIA PLANNING COMMISSION September 13, 1999 CALLED TO ORDER ATTENDANCE ABSENT STAFF PRESENT CONSENT CALENDAR City Council Chambers, 22 Civic Center Plaza, Room 147 6:05 p.m. Glenn Mondo, Vice Chairman Alexander Nalle, Pro Tem Molly Doughty Jose Solorio Don Cribb Robert Richardson, 6:10 Lynnette Verino Robyn Uptegraff, Executive Director Kenneth Adams, Planning Manager Gary Sheatz, Assistant City Attorney Sharon Johnson ,Recording Secretary A. Approval of the Minutes from the meeting of August 23, 1999. RECOMMENDATION: Approve the minutes from the meeting of August 23, 1999. B. Reconsideration of actions taken at previous meeting. C. ZONING ORDINANCE AMENDMENT N0.99-07 Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code adding care home uses as a conditionally permitted use in the Two-Family Residential zoning district citywide. LEGALLY NOTICED: August 13, 1999. (Continued by the Planning Commission August 23, 1999 to September 13, 1999) RECOMMENDATION: Continue Zoning Ordinance Amendment No. 99-07 to September 27, 1999. D. CONDITIONAL USE PERMIT NO. 99-18 Filed by Ms. Roberta Hurtado to allow a Type 41 Alcohol Beverage Control license in order to sell beer and wine for on-premise consumption at the Taqueria Acapulco Restaurant located at 2429 West McFadden Avenue, Suite 108. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 99-I S as conditioned. F. NEIGHBORHOOD PROJECT REVIEW NO.99-02 Filed by Mr. Gary and Ms. Emily Sodikoff Family Trust to allow a new dormer on an existing accessory structure located at 219 East Washington Avenue in the French Park Historic district. RECOMMENDATION: Adopt a resolution approving Neighborhood Project Review No. 99-02. **** END OF CONSENT **** Motion to remove item D and approve the remaining Consent Calendar items. Planning Commission Minu[es 1 September 13, 1999 MOTION: Mondo SECONDED: Nalle AYES: Mondo, Nalle, Doughty, Solorio, and Cribb OPPOSED: None ABSENT: Verino and Richardson ABSTAINED: None *D. CONDITIONAL USE PERMIT NO. 99-18 ' Filed by Ms. Roberta Hurtado to allow a Type 41 Alcohol Beverage Control license in order to sell beer and wine for on-premise consumption at the Taqueria Acapulco Restaurant located at 2429 West McFadden Avenue, Suite 108. RECOMMENDATION: Receive and file the staff report approving Conditional Use Permit No. 99-18 as conditioned. Commissioner Mondo referenced the condition of approval related to the removal of the pay phone and inquired as to the status. Ms. Hurtado, applicant, stated that the pay phone had been removed. Motion to receive and file Conditional Use Permit No. 99-18 as conditioned. MOTION: Mondo SECONDED: Nalle AYES: Mondo, Nalle, Doughty, Solorio, and Cribb OPPOSED: None ABSENT: Verino and Richardson ABSTAINED: None G. Discussion of Check Cashing facilities. ' Mr. Joseph Edwards discussed with the Commission the survey taken from other cities located in Los Angeles and Orange County regarding the regulation of check cashing facilities. Mr. Mike McCoy, Police Department, provided the statistics regarding criminal activities at the check cashing facilities in the City. Commissioner Mondo asked whether staff believed there was a problem with criminal activities at the facilities and expressed concern regarding the number of facilities opening in the City. Mr. McCoy stated there were particular sites of concern to the Police Department, however, staff does not believe that there is a problem citywide. Motion to continue the discussion of the check cashing facilities until October 11, 1999. MOTION: Mondo SECONDED: Nalle AYES: Mondo, Nalle, Doughty, Solorio, Cribb, and Richardson OPPOSED: None ABSENT: Verino ABSTAINED: None The Commission requested staff to provide information regarding: 1) a comparison between the check cashing facility rates versus other Snancial institutions; 2) how many of the facilities in the City had a State license and who was responsible for enforcing; 3) and what if any were the security concerns regarding the facilities. G. Comments from the Executive Director. Ms. Uptegraff apprised the Commission that: I) the three Chevron variances were denied by City Council; 2) the First American facility had began operations on September 7, 1999; and 3) that the Agency would be relocating into the new facility on Friday, September 17, 1999. I, Comments from the Planning Manager and staff. There were no comments. J. Comments from the Planning Commission. Commissioner Richardson expressed displeasure with the many street closures for the Fiestas Patrias festival downtown during the weekend and stated that it increased traffic congestion in the area and requested that the Planning Commission Minutes Z September 13, 1999 many closures not take place next yeaz. Mr. McCoy stated that there were approximately 45,000 people in many closures not take place next yeaz. Mr. McCoy stated that there were approximately 45,000 people in attendance at the festival and he would relay the concerns expressed regarding the street closures to the committee. Commissioner Cribb also emphasized the inconvenience of the street closures and stated that several restaurants had complained that they did not receive any business during the festivities; expressed that the neighborhood should have a comment regarding the landscaping on the Edgewood and Main Street median; and thanked staff for removing the litter on the Broadway off-ramp leading into the City. Commissioner Solorio stated that several residents had complained regarding the illegal activity at the liquor store on Santa Ana Boulevazd near Pacific and expressed additional concern due to the close proximity of the elementary school. Ms. Pena stated that the Police Department had in the past received complaints regarding the liquor store located at 1432 Santa Ana Boulevard, however, all investigations of the facility resulted in the complaints being false. Commissioner Solorio requested that staff investigate the possibility of implementing a nuisance abatement process similar to the Los Angeles model. Commissioner Mondo stated that it appeared that grading was taking place at the BRE site and asked the status of the site. Ms. Joyce Amerson, Public Works Agency, stated that they had obtained grading permits. K Recess. The afternoon session recessed at 7:10 p.m. 0 Planning Commission Minutes 3 September 13, 1999 PUBLIC HEARINGS PUBLIC HEARINGS September 13,1999 COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL PLEDEGE OF ALLEGIANCE TO THE FLAG PROCEDURAL 7:05 p.m. 1. GENERAL PLAN AMENDMENT NO. 99-03. AMENDMENT APPLICATION NO. 99-06, TENTATIVE PARCEL MAP NO. 99-108 AND CONDITIONAL U5E PERMIT NO.99-20 Filed by Hutton Development Company to change the zone from Arterial Commercial (CS) to Professional; change the land use designation and floor area ratio from General Commercial 0.5 to Professional and Office 1.Q subdi«de 3.3 acres; and permit parking in a -B suffix zone to construct six office buildings located at 1601 East Seventeenth Street, LEGALLY NOTICED: September 3, 1999 PUBLICLY NOTICED: September 3, 1999 RECOMMENDATION: 1. Recommend that the City Council adopt a resolution approving General Plan Amendment No. 99-02. 2. Recommend that the City Council adopt an ordinance approving Amendment Application No. 99-06. 3. Recommend that the City Council adopt a resolution approving Tentative Parcel Map No. 99-108 as conditioned. 4. Recommend that the City Council adopt a resolution approving Conditional Use Permit No. 99-20 as conditioned. 5. Recommend that the City Council approve and certify the Negative Declaration for Environmental Review No. 99-15. Mr. Jeffry Rice, Principal Planner, presented the staff report and recommendation. In addition, he informed the Commission that five letters had just been received inquiring about the proposed project, however, one resident was requesting that his property, located at 1631-1641 East Seventeenth Street not be included in the rezone. Mr. Savoy Bellavia, representing the applicant, stated that he was pleased with staffs recommendation and had no objections to the conditions of approval. Motion recommending City Council: 1) adopt a resolution approving General Plan Amendment Na. 99-02; 2) adopt an ordinance approving Amendment Application No. 99-06; 3) adopt a resolution approving Tentative Parcel Map No. 99-108 as conditioned; 4) adopt a resolution approving Conditional Use Permit No. 99-10 as conditioned; 5) approve and certrfy the Negative Declara8on for Environmental Review No. 99-IS with the modifcations to the conditions of approval limiting construction hours on Saturday(s) from 9:00 a.m. to 8:00 p.m.; the removal of the condition related to the recordation of the final map; and the removal of the property located at 1631-1641 East Seventeenth Street from the rezoning. MOTION: Richardson SECONDED: Nalle ' AYES: Mondo, Nalle, Doughty. Solorio, Cribb, and Richardson OPPOSED: None ABSENT: Verino ABSTAINED: None 2. CONDITIONAL USE PERMIT NO.95-03 Filed by the City of Santa Ana to conduct a review of the conditional use permit and modify the conditions of approval for the Main Ranch Market located at 1303 North Main Street. LEGALLY NOTICED: September 3, 1999 PUBLICLY NOTICED: September 8, 1999 Planning Commission Minu[es 4 September 13, 1999 RECOMMENDATION: Approve modification to the conditions of approval for Conditional Use Permit No. 95-03. Mr. Vince Fregoso, Associate Planner, provided an overview of the six month review of the conditonal use permit. Several Commissioners expressed displeasure with the applicant being allowed to operate without the certificate of occupancy and stated that it would be appropriate to begin revocation proceedings against the conditional use permit. Mr. Mehdi Zadeh, applicant, informed the Commission that he had only received notice of the hearing on Friday, September 10, 1999, only a few days before the hearing and due to the short notice he was unable to address the issues raised by staff. In addition, he stated that the complaints and violations were not true and that he would prove that the incidents were false if he were allowed additional time to address the issues. The following local residents expressed complaints regarding the operation of the market, noncompliance with conditions of approval, and unanimously spoke in favor of revocation proceedings: Debbie McEwen Paul Giles Bony Jensen Lany Haines Mr. Mehdi Zadeh responded that the neighborhood residents were against the market due to the minority clientele; that he had complied with all neighborhood requests and is in full compliance with the law; and he requested additional time to address issues raised and possibly sell the market. Motion to set Conditional Use Permit No. 95-03 for a revocation hearing. MOTION: Richardson SECONDED: Mondo AYE5: Mondo, Nalle, Doughty, Solorio, Cribb, and Richardson OPPOSED: None ABSENT: Verino ABSTAINED: None Commissioner Mondo encouraged Mr. Zadeh to bring documentation and possibly legal representation supporting compliance with the conditions of approval. 3. Oral Communications -Comments from the Public. (For matters not listed on the Agenda). There were no comments. 4. Excuse of absences. Commissioner Doughty moved to excuse the absence of Commissioner Verino. The motion was seconded by Commissioner Cribb and unanimously passed. 5. Adjournment. The meeting adjourned at 7:55 p.m. SMJ L ette Verino, Madam Chair Planning Commission Planning Commission Minutes 5 Sepcember 13, 1999