HomeMy WebLinkAbout07/11/2011MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
July 11, 2011
CALLED TO ORDER CITY HALL COUNCIL CHAMBER
• 22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:36 P.M.
ATTENDANCE COMMISSIONERS Present:
ERIC ALDERETE, Chairman
JAMES GARTNER, Vice Chairman
FRANK ACOSTA
SEAN H. MILL
ALEXANDER NALLE
PATRICK YRARRAZAVAL
COMMISSIONERS Absent:
MARIO TURNER
STAFF Present:
JAY TREVINO, Ex. Dir. Planning & Bldg. Agency
KAREN HALUZA, Planning Manager
RYAN HODGE, Assistant City Attorney
MARTHA RAMIREZ, Recording Secretary
PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE
0 CONSENT CALENDAR
MOTION: Approve the Minutes dated June 27, 2011.
MOTION: Yrarrazaval
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
A. MINUTES
RECOMMENDATION:
SECOND: Mill
Acosta, Alderete, Gartner, Mill, Nalle,
None (0)
None (0)
Turner (1)
Approve the minutes of the regular meeting on June 27, 2011.
Yrarrazaval (6)
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
Vice Chairman Gartner recused himself on Item C- Abandonment No. 2010-01 and
Public Hearing Item 1- Conditional Use Permit Nos.2011-07, 2011-15 and 2011-16
as the applicants are his business clients.
Planning Commission Minutes 1 JULY 11, 2011
C. ABANDONMENT NO. 2010-01
Filed by The Related Companies of California to allow vacating portions of Santa
Ana Boulevard between Minter Street and Poinsettia Street (612, 614, 622 and 804
East Santa Ana Boulevard).
RECOMMENDATION:
Recommend that the City Council adopt a resolution approving Abandonment No.
2010-01.
Vice Chairman Gartner left the Council Chamber.
Principal Civil Engineer Taig Higgins presented the staff report and
recommendation.
MOTION: Recommend that the City Council adopt a resolution approving
Abandonment No. 2010-01.
MOTION: Nalle
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Mill
Acosta, Alderete, Mill, Nalle,
None (0)
Gartner (1)
Turner (1)
Yrarrazaval (5)
PROCEDURAL RULES
• PUBLIC HEARING
1. CONDITIONAL USE PERMIT NOS. 2011-07. 2011-15 & 2011-16
Filed by Adolfo Lopez to allow the on -premise sale and consumption of beer, wine
and distilled spirits (Type 47 ABC license); to allow a banquet facility on the second
floor and after-hours operation (until 2:00 a.m.) at the Karmina Restaurant located at
515 North Main Street, Suite B, in the Specific Development No. 84/Downtown (SD -
84) zoning district.
PUBLISHED IN THE ORANGE COUNTY REPORTER: July 1, 2011
PUBLICLY NOTICED: July 1, 2011
RECOMMENDATION:
1. Adopt a resolution approving Conditional Use Permit No. 2011-07 as
conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2011-15 as
conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2011-16 as
conditioned.
• Principal Planner Vince Fregoso presented the staff report and recommendation.
Commission discussion ensued regarding project description and background, over
concentration of ABC licenses in the area, automated personal identification
equipment, and the number of on-site alcohol licenses in the general area. Staff
clarified that overconcentration pertains to off -premise licenses, while this application
is for an on -premise establishment.
Jay Trevino offered to provide the Commission with additional crime statistical data
and an overview comparison summary from other cities.
Planning Commission Minutes 2 JULY 11, 2011
SAPID Officer Yolanda Pena commented on enforcement measures by the Police
Department regarding monitoring of the quarterly gross sales, including the review of
sales receipts, State mandated security guards, and review of the conditional use
permits compliance as well as the dance constraints.
No written communications were received.
• The public hearing was opened.
Public speakers in support of the project: Carlos Madriles, Raul Yanez, Irving Chase,
Ryan Chase, and Teresa Saldivar
Commission discussion ensued to clarify the type of events to be held at the
restaurant and the modifying of conditions to prevent the restaurant from converting
into a night club. New conditions were discussed that would require the restaurant to
remain in compliance with all provisions of the SAMC including no cover charge,
prohibit entertainment with the banquet use, only allow a restaurant and reiterating
that restaurant is not approved as a night club.
The public hearing was closed.
MOTION:
1. Adopt a resolution approving Conditional Use Permit No. 2011-07 as
conditioned for Type 47 ABC license as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2011-15 as
conditioned to allow after-hours operations as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2011-16 to allow a
banquet use as conditioned.
4. Planning Commission adopted the following changes to Planning
• Conditions Nos. 14 and 28, for Exhibits A, B and C :
14. This Conditional Use Permit shall be reviewed at six months, at one year and
then annually thereafter by the Police Department for any modification to the
conditions of approval. This review shall include, at a minimum, an analysis
to ensure the quarterly gross sales of alcoholic beverages does not exceed
the gross sales of food during the same period.
28. The appliGant shall at all times GGFnply With the PFGVi6i9R6 of SAMG GhapteF
11 aR d possess _, `t _____ _ ,hl'n do-- _ _,mit at all times that p hl;n !Inning 'c
- r
being sendasted. The facility must at all times operate in compliance with the
Drovisions of the Santa Ana Municipal Code (SAMC). This will include the
prohibition of a cover charge to enter the facility, a night club use and public
dancing except as allowed pursuant to Chapter 11 of the SAMC.
MOTION: Nalle SECOND: Yrarrazaval
VOTE: AYES: Acosta, Alderete, Mill, Nalle, Yrarrazaval (5)
NOES: None (0)
ABSTAIN: Gartner (1)
ABSENT: Turner (1)
Vice Chairman Gartner returned to Council Chamber.
2. PUBLIC COMMENTS (on non -agenda items)
No public members spoke.
Planning Commission Minutes 3 JULY 11, 2011
3. STAFF COMMENTS
Planning Manager Haluza announced cancellations due to lack of agenda items for
the Planning Commission meetings slated on July 25, 2011 and August 8, 2011.
4. PLANNING COMMISSION MEMBER COMMENTS
• Commissioner Yrarrazaval
• Clarified that he was not the elected Chairman for the Historic Resources
Commission.
Commissioner Mill
• Expressed concern that the Proof Bar does not accept the MICA as
identification for alcoholic purchases.
5. EXCUSE OF ABSENCES
Commissioner Acosta moved to excuse the absence of Commissioner Turner; the
motion was seconded by Commissioner Yrarrazaval. The Commission approved the
motion with a vote of 6:0.
ADJOURNMENT 6:47 P.M.
• MARTHA RAMIREZ
RECORDING SECRETARY
•
Planning Commission Minutes 4 JULY 11, 2011