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Planning CommissionRegular Meeting Agenda MinutesFebruary 26, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeJENNIFER OLIVAViceChair,Ward 6 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeISURI S. RAMOSWard 3 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, Chair
<br />Manuel Escamilla
<br />Christopher Leo
<br />Carl Benninger
<br />Jennifer Oliva
<br />Isuri S. Ramos
<br />Alan Woo
<br />Executive Director Minh Thai
<br />Assistant City Attorney Jose Montoya
<br />Planning Manager Ali Pezeshkpour, AICP
<br />Recording Secretary Nuvia Ocampo
<br />ROLL CALL
<br />Minutes: Quorum was reached at 5:40 p.m.
<br />PLEDGE OF ALLEGIANCE
<br />PUBLIC COMMENTS (nonagenda items)
<br />CONSENT CALENDAR ITEMS
<br />a.Minutes
<br />Recommended Action: Approve Minutes from February 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: 5 – Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher Leo
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />*End of Consent Calendar*
<br />BUSINESS CALENDAR
<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 on February 14, 2024,
<br />and notices were mailed on February 16, 2024.
<br />1.CONDITIONAL USE PERMIT NO. 202315 FOR THE PROPERTY LOCATED
<br />AT 3420 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED
<br />SHOPPING CENTER (C4) ZONING DISTRICT.
<br />Project Applicant: Daniel & Marco Andrade with Paloma Negra Fusion Bar
<br />(Applicants) on behalf of BSG McArthur Sunflower Center, LLC (Property Owner)
<br />Proposed Project: Applicants are requesting approval of Conditional Use
<br />Permit (CUP) No. 202315 to allow the sale of beer, wine, and distilled spirits for
<br />onpremises consumption, through a Type 47 license from the Department of
<br />Alcoholic Beverage Control (ABC), at a new eating establishment.
<br />Environmental Impact:Pursuant to the California Environmental Quality Act
<br />(CEQA) guidelines, this project is exempt from further review pursuant to Class I,
<br />Section 15301 of the CEQA guidelines. A Categorical Exemption, ER No. 2023
<br />112, will be filed for this project.
<br />Recommended Action:
<br />1. Adopt a resolution approving Conditional Use Permit No. 202315 as
<br />conditioned.
<br />Minutes: Commission had questions for staff.
<br />Commission had questions for Applicant.
<br />Applicant, Ernesto Martinez, answered questions from the Commission.
<br />Moved by Commissioner Escamilla, seconded by Commissioner Woo to
<br />Approve.
<br />YES: 5 – Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl
<br />Benninger
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher Leo
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />2.CONDITIONAL USE PERMIT NO. 202401, CONDITIONAL USE PERMIT NO.
<br />202402, AND AMENDMENT APPLICATION NO. 202401 FOR THE
<br />PROPERTY LOCATED AT 2101 & 2109 EAST SANTA CLARA AVENUE
<br />LOCATED WITHIN THE GENERAL AGRICULTURAL (A1) ZONING
<br />DISTRICT.
<br />Project Applicant: Donald Ellis with Stream Realty Partners (Applicant)
<br />representing SRP Stater Bros, LLC, a Texas Limited Liability Company (Property
<br />Owner)
<br />Proposed Project: Applicant is requesting approval of Conditional Use Permit
<br />(CUP) No. 202401 and CUP No. 202402, and Amendment Application No.
<br />202401, to allow a zone change from General Agricultural (A1) to Arterial
<br />Commercial (C5), and allow for the construction of a 3,975squarefoot fast food
<br />eating establishment (McDonald’s) with drivethrough window service and after
<br />hours operations (24hour drivethrough). The site plan and related documents are
<br />available to the public for review at City Hall at 20 Civic Center Plaza, Santa Ana,
<br />California 92701 and on the City’s website at https://www.santaana.org/mcdonalds
<br />drivethroughrestaurant/.
<br />Environmental Impact:Pursuant to the requirements of the California
<br />Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative
<br />Declaration (IS/MND) has been prepared for the project. The IS/MND’s Notice of
<br />Intent (NOI) was posted to the County Clerk on January 12, 2024, for the required
<br />20day public comment period, which ended on February 1, 2024. The City of
<br />Santa Ana has determined, based on the IS/MND, that the project will not have a
<br />significant effect on the environment with implementation of recommended
<br />mitigation measures. The IS/MND is available to the public for review at City Hall at
<br />20 Civic Center Plaza, Santa Ana, California 92701 and on the City’s website at
<br />https://www.santaana.org/documents/publicreviewdraftismnd/.
<br />Recommended Actions:
<br />1. Recommend that the City Council adopt an ordinance approving
<br />Amendment Application No. 202401;
<br />2. Adopt a resolution approving Conditional Use Permit No. 202401 as
<br />conditioned to allow drive through window service; and
<br />3. Adopt a resolution approving Conditional Use Permit No. 202402 as
<br />conditioned to allow afterhours operations within 150 feet of residentially
<br />zoned and used property.
<br />Minutes: Commission had questions for staff
<br />Commission had questions for Applicant.
<br />Applicant answered questions from staff.
<br />Resident, Dave Denni, spoke in opposition of this project.
<br />Resident, Mike Tarter, spoke in opposition of this this project.
<br />Resident, Winston Covington, spoke in opposition of this project.
<br />Resident, Roger Shortall, spoke in opposition of this project.
<br />Resident, Dale Helvig, spoke in opposition of this project.
<br />Resident, Mario Gutierrez, spoke in favor of this project.
<br />Resident, Saul Maldonado, spoke in favor of this project.
<br />Resident, Susana Gutierrez, spoke in favor of this project.
<br />Resident, Angelica Melendez, spoke in favor of this project.
<br />Resident, J Aguilera, spoke in opposition of this project via Zoom.
<br />Resident, Miguel DeDios, spoke in opposition of this project via Zoom.
<br />Resident, Vannessa, spoke in opposition of this project via Zoom.
<br />Resident, Olivia Longoria, spoke in opposition of this project via Zoom.
<br />Resident, Debbie Fredeckrisson, spoke in opposition of this project via Zoom.
<br />Resident, Mary Falcon, spoke in opposition of this project via Zoom.
<br />Resident, spoke in favor of this project via Zoom.
<br />Resident, Kane, spoke in opposition of this project via Zoom
<br />Applicant withdrew application for Conditional Use Permit No. 202402.
<br />Moved by Commissioner Woo, seconded by Commissioner Escamilla to recommend that
<br />the City Council adopt an ordinance approving Amendment Application No. 202401.
<br />YES: 4 – Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger
<br />NO: 1 – Isuri Ramos
<br />ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher Leo
<br />Status: 4 – 1 – 0 – 2 – Pass
<br />Moved by Commissioner Woo, seconded by Commissioner Benninger to Adopt a
<br />resolution approving Conditional Use Permit No. 202401 as conditioned to allow drive
<br />through window service.
<br />YES: 3 – Alan Woo, Jennifer Oliva, Carl Benninger
<br />NO: 2 – Isuri Ramos, Manuel J. Escamilla
<br />ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher Leo
<br />Status: 3 – 2 – 0 – 2 – Pass
<br />Motion to reopen the public hearing to allow the applicant to request withdrawal of
<br />Conditional Use Permit No. 202402 for afterhours operation.
<br />YES: 5 – Alan Woo, Jennifer Oliva, Carl Benninger, Isuri Ramos, Manuel J. Escamilla
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher Leo
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />Following the reopening of the public hearing, the applicant verbally requested withdrawal
<br />of Conditional Use Permit No. 202402 for afterhours operation. No further action on
<br />Conditional Use Permit No. 202402 was therefore necessary.
<br />*End of Business Calendar*
<br />STAFF COMMENTS
<br />Minutes: None
<br />COMMISSIONER COMMENTS
<br />Minutes: Commission had questions for staff.
<br />ADJOURNMENT
<br />The next meeting of the Planning Commission will be on March 11, 2024 at 5:30 PM in the
<br />Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
<br />Minutes: Meeting was adjourned at 8:44 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 is 4:00 p.m. on the day of the
<br />meeting.Comments received after the deadline may not be distributed to the
<br />Commission but will be made part of the record.
<br /> 2 Planning Commission
<br />2/26/2024
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