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Home My WebLink About10/08/2012MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA October 8, 2012 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:30 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. Ping. & Bldg. Agency KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE Led by Chairman Alderete ' CONSENT CALENDAR MOTION: Approve the minutes of September 24, 2012 MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES RECOMMENDATION: SECOND: Mill Acosta, Alderete, Gartner None (0) None (0) Turner (1) Mill, Nalle, Yrarrazaval (6) Approve the minutes of the regular meeting on September 24, 2012. * * * END OF CONSENT CALENDAR * * * ' BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSU Commissioners Alderete, Gartner, and Nalle disclosed that they spoke with applicants regarding the Little Sparrow Cafe (CUP 2012-19). Planning Commission Minutes 1 October 8, 2012 1MORK STUDY SESSION C. DISCOVERY SCIENCE CENTER EXPANSION UPDATE Senior Planner Verny Carvajal introduced the project and indicated that the item was scheduled to be before the Planning Commission on October 22, 2012 for consideration of the requested entitlements. He introduced the Discovery Science Center representatives, Joe Adams, President and Kellee Preston, Vice President of Operations, who provided an update on the expansion plans for the Discovery Science Center. The project architect John Fisher was also present. Commissioners Acosta and Alderete requested more information on how the parking would be handled and staff gave a brief explanation of the off-site parking arrangements that are currently being used and would be formalized through the final entitlement process. PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2012-22 AND VARIANCE NO.2012-08 HDMM Enterprise, Inc., applicant for Popeye's Louisiana Kitchen at 3825 West First Street, is requesting approval of a conditional use permit and variance to allow a restaurant and drive-through within the North Harbor Specific Plan (SP-2). Additionally, the applicant is requesting approval of a variance from Section 41-1341 of the Santa Ana Municipal Code (SAMC) for a reduction in the stacking lane requirements for the drive-through lane. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 28, 2012 PUBLICLY NOTICED: September 27, 2012 RECOMMENDATION: 1. Adopt a resolution approving Conditional Use Permit No. 2012-22 (a) as conditioned to allow a restaurant in the North Harbor Specific Plan zoning district. 2. Adopt a resolution approving Conditional Use Permit No. 2012-22 (b) as conditioned to allow adrive-through lane. 3. Adopt a resolution approving Variance No. 2012-08 as conditioned to allow a reduction in the vehicle stacking lane for drive-through lane. Associate Planner Melanie McCann provided the staff report and recommendation. The public hearing was opened. Nathan Hitle, President of Restaurant Association spoke in support of the project. The public hearing was closed. Project architect Julio Gener answered questions about the drive-through stacking. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2012-22 (a) as conditioned to allow a restaurant in the North Harbor Specific Plan zoning district. 2. Adopt a resolution approving Conditional Use Permit No. 2012-22 (b) as conditioned to allow adrive-through lane. 3. Adopt a resolution approving Variance No. 2012-08 as conditioned to allow a reduction in the vehicle stacking lane for drive-through lane. Planning Commission Minutes 2 October 8, 2012 MOTION: Acosta SECOND: Nalle AYES: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Turner (1) ' 2. CONDITIONAL USE PERMIT NO. 2012-19 Filed by Bruce Marsh and Naseem Aflakian of Floral Park Cafe, LLC to allow a conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits in conjunction with a new restaurant, Little Sparrow, at 300 North Main Street located in the Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: September 28, 2012 PUBLICLY NOTICED: September 27, 2012 RECOMMENDATION: Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-19 to allow a Type 47 ABC license as conditioned. Associate Planner Hally Soboleske presented the staff report and recommendation. Commission discussion ensued regarding clarification on Police conditions (Nos. 2 and 3) for ordering food or just drink; determination of over-concentration of liquor ' licenses and Police ranking of reporting districts based on off-sales liquor licenses where only specific crime would be applicable; Police condition No. 7 stating that no exterior advertising would be allowed, review periods (No. 19) that allow Police to evaluate or modify conditions, and clarification of entitlements with conditional use permits. The public hearing was opened. The following speakers expressed their support for the project: business owner James Kendrick; Nathan Hitle, Santa Ana Restaurant Association; Dave Hoen, Morrison Park Neighborhood; Sean Coolidge; Bob Quinn, The Playground restaurant owner; George Mendoza, American Barbershop; Vickie Baxter, Downtown Inc. and Jeffrey Jensen, Chapter One restaurant owner. Applicant Bruce Marsh emphasized that the primary business would be a restaurant and not a bar, but that the Type 47 license was necessary to allow for the service of alcohol as part of the menu offerings. He reviewed the changes that had been made to the building through his rehabilitation efforts. He also responded to questions regarding the Kickstarter.com funding campaign for the business, the number of employees he expected the business to generate, and how beverage service from ' the bar to the tables would be handled. The public hearing was closed. Planning Commission Minutes 3 October 8, 2012 The Planning Commission expressed concern regarding the applicant's lack of experience in operating a restaurant and how this could affect his ability to ensure that the use of the business after 12:00 a.m. would remain a primarily food-serving establishment. In order to address this concern, Commissioner Alderete asked the applicant if he would agree to relinquish the previously approved CUP 2012-18 that permitted service after 12:00 a.m. in exchange for approval of CUP 2012-19 that would permit the sales and service of alcohol pursuant to a Type 47 ABC license. He further stated that the applicant could choose to re-apply for the after-hours CUP after the restaurant had been operating for six months in order to review whether it was being run primarily as a restaurant. Planning Manager Karen Haluza stated that, should the applicant wish to re-apply, it would be treated as a continuance of the former application and would not be subject to new application processing fees. Mr. Marsh agreed to relinquish CUP 2012-18. MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-19 as conditioned to approve Type 47 ABC license with the following modifications: that applicant relinquish prior Conditional Use Permit No. 2012-18 that allowed after- hours, only operate until 12 midnight and that the applicant may return for review and approval of an after-hours conditional use permit after operating the restaurant for six months. Chairman Alderete recessed the meeting at 7:51 p.m. in order to allow the applicant to prepare a written statement agreeing to relinquish Conditional Use Permit No. 2012-18. The Commission meeting resumed 8:12 p.m. and this statement was entered into the record. r Bruce Marsh submitted the letter to relinquish the after-hours entitlement previously granted by the Planning Commission on Conditional Use Permit No. 2012-18. MOTION: Acosta SECOND: Mill AYES: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Turner (1) 3. PUBLIC COMMENTS (on non-agenda items) None 4. STAFF COMMENTS Executive Director Trevino commented on status of the Sunshine Ordinance and spoke about the Discovery Science Center's expansion that will be presented to the Commission on October 22. Planning Manager Karen Haluza provided an update on the Circulation Element and Harbor Corridor Study Workshops scheduled for October 10-13, 2012. 5. PLANNING COMMISSION MEMBER COMMENTS Commissioner Mill commented on activity generated by evening functions, would like to see more police enforcement, recommended Police setup sobriety check points in the Downtown area. SAPD McCoy will provide information. Commissioner Yrarrazaval looking forward to policy regarding liquor licenses consensus, not in favor of moratorium, wants more clarity. Mr. Trevino provided the Commission with an update on activities and timelines for further action with the Planning Commission, the Public Safety Committee and the City Council. Planning Commission Minutes 4 October 8, 2012 Vice Chairman Gartner commented on the Bristol/First Street clean-up on signage and remarked on Guarantee Chevrolet's improvements. Commissioner Nalle attended the Water Advisory Committee (WACO) monthly meeting for updates on the Poseidon Resources' Seawater Desalination Efforts and the Santa Ana River Watershed Management. Chairman Alderete announced Commissioner Turner's resignation due to his having ' moved out of Santa Ana. 6. EXCUSE OF ABSENCES ADJOURNMENT 8:26 P.M. ~~' Martha Ramirez Recording Secretary C r Planning Commission Minutes 5 October 8, 2012