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HomeMy WebLinkAbout11/13/2012MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEAN H. MILL ALEXANDER NALLE PATRICK YRARRAZAVAL COMMISSIONERS Absent: FRANK ACOSTA CALLED TO ORDER ATTENDANCE November 13, 2012 CITY HALL, ROSS ANNEX FIRST FLOOR CONFERENCE ROOM 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:49 P.M. COMMISSIONERS Present: ERIC ALDERETE, Chairman JAMES GARTNER, Vice Chairman STAFF Present: JAY TREVINO, Ex. Dir. Ping. & Bldg. Agency KAREN HALUZA, Planning Manager RYAN HODGE, Assistant CityAttomey MARTHA RAMIREZ, Recording Secretary n PLEDGE OF ALLEGIANCE Led by Chairman Alderete CONSENT CALENDAR MOTION: Approve the minutes of October 8, 2012 MOTION: Nalle VOTE: AYES: NOES: ABSTAIN: ABSENT: A. MINUTES RECOMMENDATION: SECOND: Mill Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) None (0) None (0) Acosta (1) CONSENT CALENDAR Approve the minutes of the regular meeting on October 8, 2012. B. AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011-07 Filed by Carlos Madriles to amend an existing Type 47 (ABC) Alcoholic Beverage ' Control license to allow the sale of beer, wine and distilled spirits within the entire building and within two outdoor patio areas at the Karmina Restaurant located at 515 North Main Street in the Specific Development No. 84/Downtown (SD-84) zoning district. RECOMMENDATION: Confirm the Zoning Administrator's action approving the amendment to Conditional Use Permit No. 2011-07 as conditioned. Planning Commission Minutes November 13, 2012 C. CONDITIONAL USE PERMIT NO. 2012-21 Filed by Ha Nguyen to allow Taqueria Acapulco restaurant a conditional use permit for an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer, wine and distilled spirits at 2709 Westminster Avenue, Unit E located in the Community Commercial (C1) zoning district. RECOMMENDATION: Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-21 as conditioned. MOTION: Approve the staff recommendations on items B 8~ C. MOTION: Gartner SECOND: Nalle VOTE: AYES: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Acosta (1) * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR D. None E. ALCOHOL SALES AND ENTERTAINMENT POLICIES WORK STUDY SESSION Planning Manager Karen Haluza provided the Commission with a summary highlighting the proposed changes to the new alcohol and entertainment citywide policy. She outlined the standard conditions for both off-sale and on-sale liquor licenses, as well as discussed the new provisions of the proposed entertainment permit. She also provided the proposed adoption timeline with the item scheduled to come next before the Planning Commission on November 26, 2012. The Ad Hoc Committee members Commissioners Mill, Yrarrazaval and Gartner expressed support for the proposed changes to the City's alcohol and entertainment regulations and discussed their extensive involvement in the year-long process, citing the participation of a broad cross-section of stakeholders and the incorporation of their input into the proposed changes. They further stated that the proposed amendments would open up new opportunities for businesses to offer entertainment and that it would offer that citywide. Chairman Alderete requested clarification on the proposal for the Entertainment Permit to be issued ministerially. Public speakers: Joey Mendes (Proof Bar) requested that the Planning Commission move consideration of the item to January 28, 2013. Phil Bacerra (Downtown, Inc.) requested that the Planning Commission move consideration of the item to January 28, 2013. He stated that he believed the Entertainment Permit should be treated as a Conditional Use Permit rather than a ministerial permit issued by the Police Department. Planning Commission Minutes 2 November 13, 2012 Mayra Mejia (Latino Health Access) requested that the Planning Commission move consideration of the item to January 28, 2013. Apolonio Cortes (SACReD), with Spanish translation by Mayra Mejia, indicated he would like more time to understand the proposed ordinance. Jeannette Rubio, resident, requested that the Planning Commission move consideration of the item to January 28, 2013. ' Darren Shippen, resident, requested that the Planning Commission move consideration of the item to January 28, 2013. Dave Hoen, resident, expressed his support of the proposed changes and requested that the Planning Commission move consideration of the item to January 28, 2013. Voiced concern that the proposed regulation to limit the age of patrons to 21-and- over after 10 p.m., for those businesses with either a Category III or IV Entertainment Permit may limit some businesses' ability to offer certain events. He also voiced concern that the proposed cost recovery fee for police services being based on calls for service would deter people from calling the police. Commissioner Nalle requested clarification on why staff chose 10,000 square feet as the threshold for the separation requirement for off-sale establishments. Planning Manager Haluza clarified that the number had been chosen because it most closely reflected the average footprint of mid-size stores, such as CVS or Fresh n Easy, but still allowed for the necessary regulations for smaller stores. Chairman Alderete inquired as to why the Entertainment Permit was proposed as a ministerial permit and asked how the community would be notified or otherwise have their concerns considered given that it would be issued by the Police Department. ' Commander Ken Gominsky described the results of his research regarding the ways that other jurisdictions have handled similar permits, specifically citing the example of the City of Anaheim. Commander Gominsky stressed that the Planning Commission would have discretion over the issuance of the alcohol permit, which is the component that is most typically of concern to the community. The Entertainment Permit would be ancillary to the liquor license. Planning Manager Haluza stated that the public would have the ability to have their concerns addressed much more directly should any problems arise with regards to any Entertainment Permits due to the fact that the permit could more easily be revoked or modified based on complaints, in contrast to a Conditional Use Permit which would require a lengthy revocation process and, potentially, years of documentation of violations. Chairman Alderete also requested clarification on how the cost recovery fee would be administered. Commander Gominsky stated that a baseline of calls for service would be established during the first year of operation under the Entertainment Permit and that subsequent increases for service over the baseline would be reviewed for possible cost recovery. Commissioner Nalle stated that the proposed changes were a vast improvement over current practice and asked Executive Director Trevino for clarification on the proposed adoption timeline. Mr. Trevino stated that, while the decision was up to the Planning Commission, the Commission had expressed concern over inconsistent policies and that delays in the schedule would continue to result in uncertainty for current applicants. He stated that the ordinance would be ready for presentation to Planning Commission on November 26 and that the Commission would have the discretion to further consider the adoption schedule at that time. The Commissioners agreed. F. Recess to City Council Chamber (6:47 p.m.) Planning Commission Minutes 3 November 13, 2012 CITY OF SANTA ANA CITY HALL -COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA ROLL CALL 7:01 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE ' PROCEDURAL RULES PUBLIC HEARING ZONING ORDINANCE AMENDMENT NO. 2012-02 AND SITE PLAN REVIEW NO. 2012-06 (Continued Planning Commission meeting: October 22, 2012 to November 13, 2012) Discovery Science Center is requesting an amendment to the development standards within Specific Development Plan No. 65 (SD-65) and site plan approval to allow the renovation and expansion of the existing science center as part of Phase II of its approved master plan for the property located at 2500 North Main Street. PUBLISHED IN THE ORANGE COUNTY REPORTER November 2, 2012 PUBLICLY NOTICED November 1, 2012 RECOMMENDATION: Recommend that the City Council: ' 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-02. 2. Adopt a resolution approving Site Plan Review No. 2012-06 as conditioned. Senior Planner Verny Carvajal presented the staff report and recommendation. No written communications were received. The public hearing was opened. Joe Adams, representing Discovery Science Center, spoke in support of the project. Sarah Drobis, representing Gibson Transportation Consulting, responded to questions regarding the findings of the shared parking analysis. The public hearing was closed. MOTION: Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2012-02. 2. Adopt a resolution approving Site Plan Review No. 2012-06 as conditioned. ADDENDUM TO RECOMMENDATION: 3. The applicant shall submit a building and parking security plan to the Police Department for review and approval. ' MOTION: Mill SECOND: Nalle VOTE: AYES: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Acosta (1) 2. CONDITIONAL USE PERMIT NO. 2012-24 Filed by Diane Bainbridge of the Australian Swim School is requesting a conditional use permit to allow an indoor sports facility at 1404 South Village Way, located within the Light Industrial (M-1) zoning district. Planning Commission Minutes 4 November 13, 2012 PUBLISHED IN THE ORANGE COUNTY REPORTER: November 2, 2012 PUBLISHED IN THE ORANGE COUNTY REPORTER: November 2, 2012 PUBLICLY NOTICED: November 1, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-24 as conditioned. Principal Planner Vince Fregoso presented the staff report and recommendation. ' The public hearing was opened. Diane Bainbridge, representing Australian Swim School, spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-24 as conditioned. MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: 3. VARIANCE NO.201's SECOND: Gartner Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) None (0) None (0) Acosta (1) '-09 Filed by Shirin Zarkesh representing the Brookhollow Office Park Association is requesting a variance to allow a monument sign to exceed the maximum allowable height, width and area at 1500 East Warner Avenue, located in the Specific Development No. 8 ($D8) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 2, 2012 PUBLICLY NOTICED: November 1, 2012 ' RECOMMENDATION: Adopt a resolution approving Variance No. 2012-09 as conditioned. Principal Planner Vince Fregoso presented the staff report and recommendation. No written communications were received. The public hearing was opened. Shirin Zarkesh, representing the Brookhollow Office Park Association, spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Variance No. 2012-09 as conditioned. MOTION: Mill SECOND: Nalle VOTE: AYES: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Acosta (1) 4. DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2011-01 FOR THE SEXLINGER ' FARMHOUSE AND ORCHARD RESIDENTIAL DEVELOPMENT Receive and file public comments for revised draft Environmental Impact Report No. 2011-01 for the Sexlinger Farmhouse and Orchard residential development (new 24- unit single family project) located at 1584 East Santa Clara Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: November 2, 2012 November 1, 2012 Planning Commission Minutes 5 November 13, 2012 RECOMMENDATION: Receive and file public comments for revised draft Environmental Impact Report No. 2011-01. Principal Planner Vince Fregoso presented the staff report and recommendation. The public hearing was opened. Public members speaking: Nick Spain with Save Our Orchard Coalition, now known as The Old Orchard Conservancy, stated that the revised DEIR accurately reflects the status of the Sexlinger property as an historic resource. He said that TOOC would provide written comments on the Hybrid Development Alternative. He stated that TOOC supports the Urban Garden Alternative with the No Build Alternative as their second choice. Ryan Bensley with The Old Orchard Conservancy stated that he believed the Revised DEIR now contained two new alternatives: the Hybrid Development Alternative and the Cul de Sac Alternative. [Staff confirmed that the revised DEIR only contained one new project alternative -the Hybrid Development Alternative.] Mr. Bensley urged the Planning Commission to read the Draft EIR and noted that, due to the fact that the demolition of the grove and house would result in a significant and unavoidable environmental impact to Cultural Resources, any project approval would require the City Council to adopt a Statement of Overriding Considerations. ~- Laura Montague, Executive Director of the Grain Project, highlighted that group's involvement with the community garden effort in Jerome Park as an example of a City partnership that could be used as a model for a similar approach to implement the Urban Garden Alternative. The public hearing was closed. 5. PUBLIC COMMENTS (on non-agenda items) None 6. STAFF COMMENTS No comments. 7. PLANNING COMMISSION MEMBER COMMENTS No comments requiring action from staff. 8. EXCUSE OF ABSENCES Planning Commissioner Mill moved to excuse the absence of Commissioner Acosta. The motion was seconded by Commissioner Gartner and unanimously approved by the Commission with a vote of 5:0. ' ADJOURNMENT 7:44 P.M. Recording Secretary Planning Commission Minutes 6 November 13, 2012