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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 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: Bao Pham, ChairManuel EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiAssistant City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:40 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTS (nonagenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from February 12, 2024b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveConsent Calendar items.YES: 5 – Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl BenningerNO: 0 – ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher LeoStatus: 5 – 0 – 0 – 2 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on February 14, 2024, and notices were mailed on February 16, 2024. 1.CONDITIONAL USE PERMIT NO. 202315 FOR THE PROPERTY LOCATEDAT 3420 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNEDSHOPPING CENTER (C4) ZONING DISTRICT. Project Applicant: Daniel & Marco Andrade with Paloma Negra Fusion Bar(Applicants) on behalf of BSG McArthur Sunflower Center, LLC (Property Owner)Proposed Project: Applicants are requesting approval of Conditional UsePermit (CUP) No. 202315 to allow the sale of beer, wine, and distilled spirits foronpremises consumption, through a Type 47 license from the Department ofAlcoholic Beverage Control (ABC), at a new eating establishment.Environmental Impact:Pursuant to the California Environmental Quality Act(CEQA) guidelines, this project is exempt from further review pursuant to Class I,Section 15301 of the CEQA guidelines. A Categorical Exemption, ER No. 2023112, will be filed for this project.Recommended Action:1. Adopt a resolution approving Conditional Use Permit No. 202315 asconditioned.Minutes: Commission had questions for staff.Commission had questions for Applicant.Applicant, Ernesto Martinez, answered questions from the Commission. Moved by Commissioner Escamilla, seconded by Commissioner Woo toApprove.YES: 5 – Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 2 – Bao Pham, Christopher LeoStatus: 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 /> 4 Planning Commission
<br />2/26/2024
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