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HomeMy WebLinkAbout10/28/2013MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA October 28, 2013 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA ATTENDANCE: SANTA ANA, CALIFORNIA 5:39 P.M. COMMISSIONERS Present: ERIC ALDERETE, Chairman PHIL BACERRA JOEL CRESPO JAMES GARTNER SEAN H. MILL, Vice Chairman ALEXANDER NALLE PATRICK YRARRAZAVAL STAFF Present: JAY TREVINO, Ex. Dir., Planning & Building KAREN HALUZA, Planning Manager RYAN HODGE, Assistant City Attorney MARTHA RAMIREZ, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE CONSENT CALENDAR MOTION: Approve the Minutes of October 14, 2013. MOTION: Mill SECOND: Nalle VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting on October 14, 2013. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Bacerra spoke with applicants regarding the 7- Eleven Store - Item 1 and Volstead restaurant - Item 3. Chairman Alderete noted conflict of interest and abstention on Item 3 - Volstead restaurant and Item 4 - Robbin's Nest restaurant due to the receipt of campaign contributions from the property owner. Planning Commission Minutes Page 1 of 10 October 28, 2013 C. WORK STUDY SESSION' DISCUSSION OF DOWNTOWN STREET LEVEL INVENTORY Planning Manager Karen Haluza provided data regarding the overall distribution of land uses in the downtown area bounded by 5t" Street on the north, 1st Street on the south, Ross Street on the west and French Street on the east. The data presented was based on a street level inventory performed by the Planning Division during the first week of October 2013. In addition to the overall distribution of land uses, the data analyzed the number' of restaurants as a percentage of all uses, the percentage of these restaurants that serve alcohol compared to those that don't, and a comparison of the relative concentration of liquor licenses within comparable geographic areas for the downtowns of Santa Ana, Fullerton, Orange and Long Beach. Finally, Ms. Haluza provided an analysis of the occupancy history for the last 10 years of those businesses currently operating as restaurants to determine if a significant number of non - restaurant land uses, such as retail, had been displaced by restaurants. The Commission discussed the appropriateness of the boundaries of the study area; the need to have a balanced mix of businesses to activate the downtown throughout the day and evening; the need to provide for uses that preserve the diversity of goods and services needed by Santa Ana residents; and the need to ensure that families still have a place in the downtown. Chairman Alderete asked for input from those in attendance and opened the floor to public comment. Matt Southgate, gallery owner in Artists Village, supported the preservation of the arts in downtown and to not have artists'dispiaced by higher- revenue generating uses. He also commented that the quality of nightlife uses was as important as how many. Samuel Romero, downtown business owner, expressed concerns that the downtown was becoming "Boozelandia," with too many alcohol- serving restaurants displacing retail uses. Victor Payan, OC Film Fiesta and United Artists, emphasized the importance of the arts in downtown, that there should be more daytime activities for families and that all business owners should have a level playing field rather than some businesses receiving free rent while others are being evicted. Janelle McLoughlin shared her experiences with the positive effect of restaurants on the revitalization of shopping districts. She supported the development of new restaurants in the downtown. Bruce Marsh, owner of Little Sparrow restaurant, expressed support for the development of new restaurants in the downtown. Marchell Williams, owner Au Naturaw restaurant, expressed support for the development of new restaurants in the downtown. Desi Reyes, Santa Ana resident, expressed support for the development of new restaurants in the downtown. Eric Scandrett, Santa Ana resident, expressed support for the development of new restaurants in the downtown. Planning Commission Minutes Page 2 of 10 October 28, 2013 Sean Coolidge, Santa Ana resident, expressed support for the development of new restaurants in the downtown, but cautioned that it could become too much in the future. Dave Hoen, Santa Ana resident, commented that retailers downtown are changing to meet new shoppers' needs, expressed concern that the Planning Commission would take actions that might affect new business growth, and expressed support for the development of new restaurants in the downtown. The floor was closed to public comment. Vice Chairman Mill commented that the downtown revitalization was a result of the investment of redevelopment funds for the creation of Fiesta Marketplace, but that the City had done little to support the area prior to that. He expressed concern that the original Fiesta Marketplace project used federal funds to support minority -owned businesses, but that these businesses are now being displaced. Commissioner Gartner expressed support for the changes in the downtown beginning in 1986 and commented that new restaurants bring greater variety to the downtown and bring in foot traffic that encourages retail development. Commissioner Bacerra expressed support for the new investment in the downtown. Commissioner Yrarrazaval commented on the need to ensure that the downtown continues to be a place where people of diverse backgrounds and cultures can come together. Chairman Alderete expressed concern over gentrification trends that he has seen in San Francisco and Los Angeles and emphasized that Santa Ana's downtown should preserve a good mix of uses and the importance of planning for the future so as not to be taken by surprise by potential gentrification trends. He disagreed that restaurant development drives retail. He stated that the City Council would be discussing this matter in the future. PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2013 -39 Michael Cho, on behalf of 7- Eleven Stores, Inc., is requesting approval of a conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer and wine at 1441 West MacArthur Boulevard, Unit D located in the General Commercial (C2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2013 -39. Assistant Planner I Ali Pezeshkpour presented the staff report and recommend- ation. Planning Commission Minutes Page 3 of 10 October 28, 2013 Written communications received from: David L. Elliott, with Santa Ana Chamber of Commerce, resident Kristofer Nute, resident Jeffrey Seymour and resident Meeka Valdez in support of the project; and from David A. Canzoneri, Vice President of Far West Management Corporation, supporting the denial of the project. The public hearing was opened. Lorena Muniz, consultant with 7- Eleven, spoke in support of an approval of the CUP. Matthew McLaughlin, Santa Ana resident adjacent to the subject site, spoke in support of an approval of the CUP. Stated that the ability to walk to the 7- Eleven, which is immediately adjacent to a large multi - family community, for beer would be safer and more pedestrian - friendly than having to cross Bristol Street to go to the other stores that sell alcohol and that having the ability to purchase alcohol from a small store with later operating hours, such as 7- Eleven, was more convenient than purchasing it at a grocery store. Michael Cho, attorney with Palmieri, Tyler, Wiener, Wilhelm & Waldron representing the applicant, stated that, due to the businesses' location, findings of approval could be made based on the lengthy walking distances to the stores with existing liquor sales, the existing stores are spread far apart, the other stores are more larger grocery-type stores which can have longer wait times, the 7- Eleven is neighborhood - serving and would support walkability. Navdeep Bassi, 7- Eleven franchisee, stated that the stores without alcohol sales lose general merchandise sales. Tammy Cornell, adjacent resident, spoke in support of an approval of the CUP. Paul Ghuman, 7- Eleven franchisee, spoke in support of an approval of the CUP. Perry Anastopoulos, resident/business owner, spoke in support of an approval of the CUP, particularly because it is open later than other stores. Dr. Inderjit Singh and Mrs. Gurpreet Kaur Singh, project applicants, spoke in support of an approval of the CUP and stated that the property's location in a low crime area, along with the security requirements of the CUP will address any crime concerns. The public hearing was closed. MOTION: Continue the public hearing to November 12, 2013 and direct staff to prepare new findings of fact based on the information provided during the public hearing to support approval of Conditional Use Permit No. 2013 -39 as conditioned, and prepare a letter of public convenience and necessity. MOTION: Gartner VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Bacerra Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) Planning Commission Minutes Page 4 of 10 October 28, 2013 2. CONDITIONAL USE PERMIT NO. 2013 -40 Filed by Ralph Deppisch, on behalf of 7- Eleven Stores Inc., is requesting approval of a conditional use permit to allow a Type 20 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer and wine at 2112 South Main Street, located in the Commercial South Main (CSM) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18. 2013 RECOMMENDATION: Adopt a resolution denying Conditional Use Permit No. 2013 -40. Principal Planner Vince Fregoso presented the staff report and recommendation. The public hearing was opened. David Scanner, representing Mr. Craig, provided background on the reason the previous liquor license land use certificate for the previous tenant had expired necessitating re- applying to allow alcohol sales at this location through the proposed CUP. Ralph Deppisch, representing 7- Eleven, spoke in support of an approval of the CUP emphasizing that the area was not over - concentrated pursuant to ABC's standards, that the alcohol sales that were allowed under the former tenant resulted in few calls for service, and that re- tenanting the building would be a positive benefit. June Lee, owner of Azteca Market, spoke in opposition to the liquor license at 7- Eleven Store due to over - concentration and proximity to schools. The public hearing was closed. MOTION: Continue the public hearing to November 12, 2013 and direct staff to prepare new findings of fact based on the information provided during the public hearing to support approval of Conditional Use Permit No. 2013 -40 as conditioned and prepare a letter of public convenience and necessity. MOTION: Yrarrazaval VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Mill Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) 3. CONDITIONAL USE PERMIT NO. 2013 -12, CONDITIONAL USE PERMIT NO. 2013 -13AND CONDITIONAL USE PERMIT NO. 2013 -14 Filed by Tim Morley representing The Volstead Restaurant, requesting to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine and distilled spirits, to allow extended hours of operation and to allow a banquet use at 207 West Second Street, Bldg. A, located in the Transit Zone Downtown (SD -84) zoning district. Planning Commission Minutes Page 5 of 10 October 28, 2013 PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -13 as conditioned for extended hours of operation. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -14 as conditioned for banquet use. Chairman Alderete recused himself from the public hearing due to campaign contributions from the applicant and left the dais. Associate Planner Hally Soboleske presented the staff report and recommendation. Written communications received from Timothy D. Rush, Prudential California Realty, Tom Lutz, President of Washington Square Neighborhood Association and Darren Shippen with Morrison Park Neighborhood in support of the liquor licenses for the Playground expansion, the Volstead, Robbins Nest and Au Naturaw restaurants. The public hearing was opened. Bruce Marsh, Josh Munoz, Sean Coolidge, and Eric Scandrett spoke in support liquor licenses for the Playground expansion, the Volstead, Robbins Nest and Au Naturaw restaurants. Michael Ayaz, attorney representing the applicant, spoke in support of the project. Jeff Jensen, owner at Chapter One and C4 Deli, supports the restaurant projects. The public hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -12 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -13 as conditioned for extended hours of operation. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -14 as conditioned for banquet use. MOTION: Crespo SECOND: Nalle VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: Alderete(1) ABSENT: None (0) 4. CONDITIONAL USE PERMIT NO. 2013 -31, CONDITIONAL USE PERMIT NO. 2013 -29 AND CONDITIONAL USE PERMIT NO. 2013 -30 Planning Commission Minutes Page 6 of 10 October 28, 2013 Filed by Vince Canino representing Robbin's Nest Restaurant, requesting to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine, to allow extended hours of operation and to allow a banquet use at 207 West Second Street, Unit B, located in the Transit Zone Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -29 as conditioned for extended hours of operation. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -30 as conditioned for banquet use. Chairman Alderete recused himself from the public hearing due to campaign contributions from the applicant and left the dais. Associate Planner Hally Soboleske presented the staff report and recommendation. Commission Bacerra clarified that the address should be 207 West Second Street on the resolution. The public hearing was opened. See comments from public speakers for Item 3. The public hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2013 -31 as conditioned for a Type 41 ABC license. 2. Adopt a resolution approving Conditional Use Permit No. 2013 -29 as conditioned for extended hours of operation. 3. Adopt a resolution approving Conditional Use Permit No. 2013 -30 as conditioned for banquet use. 4. Planning Commission modified the address correction on resolution, should be 207 West Second Street. MOTION: Gartner SECOND: Bacerra VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: Alderete (1) ABSENT: None (0) Chairman Alderete returned to the dais. Planning Commission Minutes Page 7 of 10 October 28, 2013 5. MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2012 -11, CONDITIONAL USE PERMIT NO. 2012 -12 AND CONDITIONAL USE PERMIT NO. 2012 -13 Filed by Bob Quinn representing The Playground Restaurant, seeking to expand the restaurant area that requires modifications to existing conditional use permits for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine and distilled spirits, for extended hours of operation and for a banquet use at 220 East Fourth Street, located in the Transit Zone Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18. 2013 RECOMMENDATION: 1. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -11 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -12 as conditioned for extended hours of operation. 3. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -13 as conditioned for banquet use. Associate Planner Hally Soboleske presented the staff report and recommendation. Commission requested clarification of patio area and hours of operation; prior businesses on the second level and adjoining area resulting in restaurant to restaurant change. The public hearing was opened. See comments from public speakers for Item 3. Sean Coolidge spoke in support of the project. Applicant Bob Quinn spoke in support of the project. Vice Chairman Mill suggested reaching out to the community with special events for affordability. The public hearing was closed. MOTION: 1. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -11 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -12 as conditioned for extended hours of operation. Planning Commission modified the hours of operation for the patio closure to 1:45 a.m. 3. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -13 as conditioned for banquet use. Motion by Commissioner Bacerra failed due to lack of a second. Planning Commission Minutes Page 8 of 10 October 28, 2013 SUBSEQUENT MOTION: MOTION: 1. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -11 as conditioned for a Type 47 ABC license. 2. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -12 as conditioned for extended hours of operation. The Playground added Condition No. 14 requiring the closure of the patios at 1:30 a.m. 3. Adopt a resolution approving modification to Conditional Use Permit No. 2012 -13 as conditioned for banquet use. MOTION: Nalle SECOND: Gartner VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6. CONDITIONAL USE PERMIT NO. 2013 -45 Filed by William L. Mason on behalf of Au Naturaw Restaurant, requesting to allow a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at 206 North Broadway, Unit A, located in the Transit Zone Downtown (SD -84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2013 -45 as conditioned. Associate Planner Hally Soboleske presented the staff report and recommendation. The public hearing was opened. See comments from public speakers for Item 3. Owner Marchell Williams spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2013 -45 as conditioned. MOTION: Bacerra SECOND: Yrarrazaval VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Mill, Nalle, Yrarrazaval Planning Commission Minutes Page 9 of 10 October 28, 2013 7. CONDITIONAL USE PERMIT NO. 2013 -42 Filed by Pam Sapetto representing Buff Dog Kennel is requesting approval of a conditional use permit in order to operate a dog kennel at 2110 South Yale Street located within the Light Industrial (M1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2013 -42 as conditioned. Principal Planner Vince Fregoso presented the staff report and recommendation. The public hearing was opened. Pamela Sapetto, representing the applicant, spoke in support of the project. The public hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2013 -42 as conditioned. MOTION: Mill VOTE: AYES: Alderete, (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 8. PUBLIC COMMENTS None 9. STAFF COMMENTS None SECOND: Nalle Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval 10. PLANNING COMMISSION MEMBER COMMENTS Commissioner Bacerra requested Code Enforcement at the Azteca Market located at 2059 South Main Street, regarding the commercial storefront advertising on the window exceeding the 25% allotment. 11. Excuse of Absences Adjournment 8:59 P.M. Martha Ramirez Recording Secretary Planning Commission Minutes Page 10 of 10 October 28, 2013