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Planning Commission
<br />Regular Meeting Agenda Minutes
<br />August 26, 2024
<br />5:30 P.M.
<br />Council Chamber
<br />22 Civic Center Plaza
<br />Santa Ana, CA
<br />JENNIFER OLIVA
<br />Chair, Ward 6 Representative
<br />ISURI S. RAMOS
<br />ViceChair,
<br />Ward 3 Representative
<br />CHRISTOPHER LEO
<br />Citywide Representative
<br />MANUEL J. ESCAMILLA
<br />Ward 2 Representative
<br />CARL BENNINGER
<br />Ward 4 Representative
<br />BAO PHAM
<br />Ward 3 Representative
<br />ALAN WOO
<br />Ward 5 Representative
<br />Minh Thai
<br />Executive Director
<br />Marco A. Martinez
<br />Legal Counsel
<br />Ali Pezeshkpour, AICP
<br />Planning Manager
<br />Nuvia Ocampo
<br />Recording Secretary
<br />In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
<br />contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
<br />the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
<br />documentation can be found on the City’s website – www.santaana.org/citymeetings.
<br />CALL TO ORDER
<br />Commissioners: Jennifer Oliva, Chair
<br />Manuel J. Escamilla
<br />Christopher Leo
<br />Carl Benniger
<br />Bao Pham
<br />Isuri S. Ramos
<br />Alan Woo
<br />Executive Director Minh Thai
<br />Chief Asst. City Attorney Marco A. Martinez
<br />Planning Manager Ali Pezeshkpour, AICP
<br />Recording Secretary Nuvia Ocampo
<br />ROLL CALL
<br />Minutes: Quorum was reached at 5:38 p.m.
<br />PLEDGE OF ALLEGIANCE
<br />PUBLIC COMMENTS
<br />Minutes: None.
<br />CONSENT CALENDAR ITEMS
<br />a.Minutes
<br />Recommended Action: Approve Minutes from August 12, 2024.
<br />b.Excused Absences
<br />Recommended Action: Excuse absent commissioners.
<br />Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve
<br />Consent Calendar items.
<br />YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl
<br />Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />*End of Consent Calendar*
<br />BUSINESS CALENDAR
<br />Administrative Matters
<br />1.GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR
<br />AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD
<br />STREET AND MAIN STREET
<br />Project Applicant: Community Development Agency of the City of Santa Ana
<br />Proposed Project: The Community Development Agency of the City of Santa Ana is
<br />requesting to find the sale of Successor Agency property consistent with the General
<br />Plan.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA)
<br />Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to
<br />Sections 15060(c)(2) and 15060(c)(3).
<br />Recommended Action:
<br />1. Adopt a resolution finding that the sale of the Successor Agency property to
<br />the City of Santa Ana that is located at Third Street and Main Street (APN:
<br />39860102) is consistent with the General Plan.
<br />Moved by Commissioner Woo, seconded by Commissioner Escamilla to
<br />Approve.
<br />YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
<br />Escamilla, Carl Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />Minutes: Community Development Agency Executive Director, Michael Garcia,
<br />gave a brief presentation.
<br />Commission had questions for staff.
<br />Staff answered questions from Commission.
<br />Public Hearing:The Planning Commission decision on Conditional Use Permits,
<br />Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and
<br />Public Convenience or Necessity Determinations are final unless appealed within 10
<br />days of the decision by any interested party or group (refer to the Basic Meeting
<br />Information page for more information). The Planning Commission recommendation
<br />on Zoning and General Plan amendments, Development Agreements, Specific
<br />Developments, and Specific Plans will be forwarded to the City Council for final
<br />determination. Legal notice was published in the OC Reporter and OC Register on
<br />August 16, 2024, and notices were mailed on said date.
<br />1.ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5
<br />AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S
<br />ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE
<br />MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE
<br />CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
<br />Project Location: Citywide
<br />Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC
<br />(Applicant).
<br />Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023
<br />02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence
<br />Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric
<br />fence standards and requirements, which include modifications to expand the eligibility
<br />for sites and to ensure consistency with the California Civil Code Section 835.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review
<br />pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No.
<br />202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of
<br />this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines
<br />section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair,
<br />maintenance, permitting, leasing, licensing, or minor alteration of existing public or
<br />private structures, facilities, mechanical equipment, or topographical features, including
<br />negligible or no expansion of existing or former use.
<br />Recommended Action:
<br />1. Continue the item to October 14, 2024, pursuant to a request from the
<br />applicant.
<br />Moved by Commissioner Leo, seconded by Commissioner Benninger to
<br />Approve.
<br />YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
<br />Escamilla, Carl Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />2.CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT
<br />730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT
<br />ZONING CODE (SD84)
<br />Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner)
<br />Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)
<br />No. 202411 to allow the sale of beer and wine for onpremises consumption, through a
<br />Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new
<br />eating establishment.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review per
<br />Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of
<br />Exemption, Environmental Review No. 202457, will be filed for this project.
<br />Recommended Action:
<br />1. Adopt a resolution approving Conditional Use Permit No. 202411 as
<br />conditioned.
<br />Minutes: Applicant spoke in favor of the project.
<br />Commission had questions for the applicant.
<br />Moved by Commissioner Benninger, seconded by Commissioner Woo to
<br />Approve as amended.
<br />YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
<br />Escamilla, Carl Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />3.CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT
<br />2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY
<br />RESIDENCE (R1) ZONING DISTRICT.
<br />Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners)
<br />Proposed Project: Applicants are requesting approval of Conditional Use Permit
<br />(CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height
<br />within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5
<br />of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in
<br />height or more than one story require approval of a CUP. The original Planning
<br />Commission public hearing for this project was held on March 28, 2022, which was
<br />subsequently continued to the April 25, 2022, Planning Commission public hearing. On
<br />April 25, 2022, the Planning Commission held the continued public hearing. At the
<br />request of the property owners, the Planning Commission voted unanimously to
<br />continue the item indefinitely. This action required renoticing of the project as a new
<br />Planning Commission public hearing.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is exempt from further review pursuant to Section
<br />15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small
<br />Structures) because the project involves the construction of a small accessory
<br />structure. Based on this analysis, Notice of Exemption, Environmental Review No.
<br />202211 will be filed for this project.
<br />Recommended Action:
<br />1. Adopt a resolution approving Conditional Use Permit No. 202206 as
<br />conditioned.
<br />Minutes: Resident, Tim Rush, spoke in opposition to this project.
<br />Resident, Mark Spratt, spoke in opposition to this project.
<br />Resident, Ed Murashie, spoke in opposition to this project.
<br />Resident, Mike Silva, spoke in opposition to this project.
<br />Resident, Angel Barnes, spoke in opposition to this project.
<br />Resident, Dale Helvig, raised concerns regarding the Mills Act.
<br />Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
<br />Commission had questions for staff and the applicant, about views, the Mills Act,
<br />height, the Historic Resources Commission’s role in the project, changes to the
<br />project since 2022, property maintenance, input from the neighborhood, and the
<br />property’s land use.
<br />Applicant answered questions from the Commission on the intended land use
<br />as a private residence, height, working with others on the design, and site
<br />maintenance.
<br />Moved by Commissioner Pham, seconded by Commissioner Woo to
<br />Approve as amended.
<br />YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo
<br />NO: 2 – Manuel J. Escamilla, Carl Benninger
<br />ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
<br />Status: 4 – 2 – 0 – 1 – Pass
<br />*End of Business Calendar*
<br />WORK STUDY SESSION
<br />*End of Work Study Session Calendar*
<br />STAFF COMMENTS
<br />Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
<br />COMMISSIONER COMMENTS
<br />Minutes: Commission had comments for staff.
<br />ADJOURNMENT
<br />The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in
<br />the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
<br />Minutes: Meeting was adjourned at 8:22 p.m.
<br />APPEAL INFORMATION
<br />The formal action by the Planning Commission shall become effective after the tenday
<br />appeal period, unless the City Council in compliance with section 41643, 41644 or 41645
<br />holds a public hearing on the matter, then the formal action will become effective on the day
<br />following the hearing and decision by the City Council. An appeal from the decision or
<br />requirement of the Planning Commission may be made by any interested party, individual, or
<br />group. The appeal must be filed with the Clerk of the Council, accompanied by the required
<br />filing fee, and a copy sent to the Planning Department, within ten days of the date of the
<br />Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed
<br />holiday or a day when City hall is closed, the final day to appeal shall be extended to the next
<br />day City Hall is open for public business. Please note: Under California Government Code
<br />Sec. 65009, if you challenge in court any of the matters on this agenda for which a public
<br />hearing is to be conducted, you may be limited to raising only those issues which you (or
<br />someone else) raised orally at the public hearing or in written correspondence received by
<br />the Planning Commission or City Council at or before the hearing.
<br />MEETING INFORMATION
<br />If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
<br />1. Connecting directly from your computer:
<br />Click on the link on top of this agenda OR
<br />Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting
<br />ID is listed at the top of this agenda.
<br />To speak during the meeting: When you wish to comment on an item that is being is
<br />discussed, click on the button next to your name to virtually raise your hand and let us know
<br />you wish to speak. You will have 3 minutes.
<br />2. Connecting via the Zoom App:
<br />Download the free Zoom Cloud Meetings app from your favorite app store.
<br />Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your
<br />name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
<br />To speak during the meeting: When you wish to comment on an item that is being is
<br />discussed, click on the button next to your name to virtually raise your hand and let us know
<br />you wish to speak. You will have 3 minutes.
<br />3. Dialing in from a mobile phone or landline:
<br />Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at
<br />the top of this agenda.
<br />To speak during the meeting: When you wish to comment on an item that is being is
<br />discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
<br />Submit a written comment
<br />You are invited to submit a written comment in one of the following ways:
<br />Email PBAecomments@santaana.org and reference the topic in the subject line.
<br />Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza
<br />– M20, Santa Ana, CA 92701.
<br />Deadline to submit written comments, including any supplemental materials for
<br />consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
<br />Comments received after the deadline may not be distributed to the Planning
<br />Commission but will be made part of the record. All attendees wishing to submit
<br />written comments or supplemental materials for distribution to Planning Commission
<br />members during the inperson meeting must provide 15 printed copies.
<br /> 1 Planning Commission
<br />8/26/2024
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<br />City Council 34 – 216 11/19/2024
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