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Planning CommissionRegular Meeting Agenda MinutesAugust 26, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorMarco A. MartinezLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Jennifer Oliva, ChairManuel J. EscamillaChristopher LeoCarl BennigerBao Pham Isuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Marco A. MartinezPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:38 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from August 12, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.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 /> 3 Planning Commission
<br />8/26/2024
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<br />City Council 34 – 218 11/19/2024
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