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Home My WebLink About11/12/2013MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 12, 2013 CALLED TO ORDER CITY HALL, COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:30 P.M. ATTENDANCE: COMMISSIONERS PRESENT: ERIC ALDERETE, Chairman PHIL BACERRA JOEL CRESPO JAMES GARTNER SEAN H. MILL, Vice Chairman ALEXANDER NALLE COMMISSIONERS ABSENT: 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 28, 2013. MOTION: Mill SECOND: Crespo VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting on October 28, 2013. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Bacerra spoke with the applicant regarding the 7- Eleven Store, Conditional Use Permit No. 2013 -39 Item 1. Planning Commission Minutes 1 November 12, 2013 WORK STUDY SESSION C. HOUSING ELEMENT UPDATE Associate Planner Melanie McCann provided a presentation on the revisions to the Housing Element stating that the draft document had been submitted to State Housing and Community Development (HCD) for review with anticipated approval by the City Council in February 2014. Some of the key accomplishments to the Housing Element was last adopted in 2009 were mentioned: such as the 2010 Transit Zoning Code that provided for mixed use and affordable housing; 2011 Housing Opportunity Ordinance that required certain residential developments to change zoning from non - residential to residential allowing 15% of the new housing as affordable housing for a 45 -55 year duration; Reasonable Accommodation Ordinance required by State law to process improvements with disability leniency and the City's 2012 Emergency Shelter and Transitional Housing Ordinance. Major new policy recommendations focus on community health. Mark Hoffman with The Planning Center /DC & E commented on new ideas and directions including a focus on complete and healthy neighborhoods, proactive Code Enforcement practices and education, exploring non - smoking ordinance for multifamily homes, and considering Housing Preference program for Santa Ana residents of most need to access new affordable housing. Commission discussion ensued regarding bedroom counts for multi - family units, process for adopting any ordinances on second -hand smoke in multi - family projects, and clarification on the need to complete any re -zones identified in the previously- adopted Housing Element. Chairman Alderete requested information on the Regional Housing Needs Assessment (RHNA). Mr. Hoffman commented that the allocation had been reduced from prior years. Public speakers Amy Buch, Orange County Health Care Agency promoted smoke free options — discussed secondhand smoke statistics, overcrowding, and low income; thanked the City's leadership efforts. Claire Braeburn, America On Track, provided a handout advocating smoke -free multifamily housing. Amanda Knitter, American Lung Association, advocated secondhand smoke and promoted health prevention. Daisy Gonzalez, The Kennedy Commission, supported the Housing Element goals and policies; advocated for health. She commented on initiative training underway with the community. Nayexi Trejo, resident of Santa Ana, promoted affordable housing and health awareness. PROCEDURAL RULES PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2013 -39 (Continued by Planning Commission. October 28, 2013 to November 12, 2013) 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. Planning Commission Minutes 2 November 12, 2013 PUBLISHED IN THE ORANGE COUNTY REPORTER: October 18, 2013 PUBLICLY NOTICED: October 18, 2013 RECOMMENDATION: 1. Planning Commission recommends adopting a resolution approving Conditional Use Permit No. 2013 -39 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due to overconcentration. Assistant Planner I Ali Pezeshkpour presented the staff report and recommendation. The public hearing was opened. Michael Cho, attorney with Palmieri, Tyler, Wiener, Wilhelm & Waldron representing the applicant, thanked the staff and agreed with the stated conditions. The public hearing was closed. MOTION: 1. Planning Commission recommends adopting a resolution approving Conditional Use Permit No. 2013 -39 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due to overconcentration. MOTION: Gartner SECOND: Mill VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) 2. CONDITIONAL USE PERMIT NO. 2013 -40 (Continued by Planning Commission. October 28, 2013 to November 12, 2013) 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: 1. Planning Commission recommends adopting a resolution approving Conditional Use Permit No. 2013 -40 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due to crime rate in the area. Principal Planner Vince Fregoso presented the staff report and recommendation. The public hearing was opened. Resident Gladys Avalos does not support another liquor license, cited multi accidents with the drinking and driving on the weekends as well as the existence of two bars in close proximity to schools and churches. Resident Gabriel Sanabria does not support the liquor license. Planning Commission Minutes 3 November 12, 2013 John Koo, employee at Azteca Market, does not support another liquor license due to overconcentration of liquor licenses within one mile. He stated that the location violates SAMC Sec. 41 -132. Property owner Steven Craig commented on delay in obtaining the transfer of the existing liquor license from the prior owners. Indicated he will be renovating the center (storefront/parking lot renovations /new roof); stated that the license is critical to the success of the business. Applicant Ralph Deppisch affirmed that 7- Eleven will incorporate the conditions and stated that there is an under - concentration of beer and wine in this area. The public hearing was closed. MOTION: 1. Planning Commission recommends adopting a resolution approving Conditional Use Permit No. 2013 -40 as conditioned. 2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due to crime rate in the area. MOTION: Nalle SECOND: Gartner VOTE: AYES: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Yrarrazaval (1) Planning Manager Haluza confirmed the under - concentration of the liquor licenses but indicated that applicant requires a PCN letter due to the crime rate in the area. She noted that the property had been issued a liquor license previously with a Land Use Certificate, because of the lapse of time with operating a business at the site (less than six months) applicant had to apply for a conditional use permit. 3. PUBLIC COMMENTS None 4. STAFF COMMENTS None 5. PLANNING COMMISSION MEMBER COMMENTS Commissioner Bacerra requested an update from Code Enforcement regarding the Azteca Market window coverage. Planning Manager Haluza stated they have been cited and the Planning staff will follow up with an update. Commissioner Gartner commented on the Bristol Street Widening near the In -N -Out Burger located at 815 N Bristol creating a longer queuing area. Because one of the lanes is closed, people are able to use the closed lane as a queuing area. Vice Chairman Mill inquired about "bagged" parking meters on French and Fourth Streets since November 8; concerned that the unavailable parking takes from retail businesses during the day. Staff will follow up with the information. Chairman Alderete requested project update on Bristol Street Widening (17th & Bristol). Public Works Agency will provide report. Planning Commission Minutes 4 November 12, 2013 6. EXCUSE OF ABSENCES Commissioner Mill moved to excuse the absence of Commissioner Yrarrazaval; the motion was seconded by Commissioner Nalle. The Commission voted unanimously to approve with a vote of 6:0. ADJOURNMENT 6:56 PM - -W Record Martha amirez n / Planning Commission Minutes 5 November 12, 2013