HomeMy WebLinkAbout09-09-19_AGENDAPLANNING COMMISSION AGENDA September 9, 2019
Minh Thai
Executive Director
CITY OF SANTA ANA
PLANNING COMMISSION
REGULAR MEETING AGENDA
SEPTEMBER 9, 2019
5:30 P.M.
COUNCIL CHAMBER
22 Civic Center Plaza
Santa Ana, California
MARK McLOUGHLIN
Chair, Citywide Representative
CYNTHIA CONTRERAS-LEO
Vice Chair, Ward 5 Representative
VACANT
Ward 1 Representative
FELIX RIVERA
Ward 2 Representative
KENNETH NGUYEN
Ward 3 Representative
VACANT
Ward 4 Representative
ANGIE CANO
Ward 6 Representative
The Planning Commission Agenda can be found online at
https://www.santa-ana.org/cc/city-meetings
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Written Comments: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m.
the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after
the meeting.
Special Assistance: If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714)
647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans
with Disabilities Act, Title II, 28 CFR 35.102].
Translation Services: For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the
scheduled meeting.
Lisa E. Storck
Legal Counsel
Vince Fregoso, AICP
Interim Planning Manager
Sarah Bernal
Recording Secretary
PLANNING COMMISSION AGENDA September 9, 2019
Basic Planning Commission Meeting Information
Five-Year Strategic Plan (2014-2019):Vision, Mission and Guiding
Principles - The City of Santa Ana is committed to achieving a shared vision
for the organization and its community. The vision, mission and guiding
principles (values) are the result of a thoughtful and inclusive process designed
to set the City and organization on a course that meets the challenges of today
and tomorrow.
Vision - The dynamic center of Orange County which is acclaimed
for our: •Investment in youth •Safe and healthy community •Neighborhood
pride •Thriving economic climate •Enriched and diverse culture •Quality
government services
Mission – “To deliver efficient public services in partnership with
our community which ensures public safety, a prosperous economic
environment, opportunities for our youth, and a high quality of life for
residents.”
Guiding Principles - •Collaboration •Efficiency •Equity
•Excellence •Fiscal Responsibility •Innovation •Transparency
Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety;
Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal
4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement
& Sustainability; Goal 6 - Community Facilities & Infrastructure; Goal 7 - Team
Santa Ana
Planning Commission: The Santa Ana Planning Commission consists of
seven residents of the city who are appointed by Santa Ana City
Councilmembers. The Commission meets regularly on the second and fourth
Monday of each month in the Council Chamber located at 22 Civic Center
Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise
noted.
The Planning Commission is responsible for providing input to the City Council
on long-range planning. Santa Ana’s long-range planning goals are embodied
in the General Plan. The General Plan and the amendments to it are reviewed
by the Planning Commission and adopted by the City Council. The General
Plan is implemented through the City’s development regulations.
The Planning Commission has the authority to approve or deny applications
concerning development within the City. The category of applications includes
Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and
Variances. The Planning Commission also makes recommendations to the
City Council on all applications for amendments to Zoning and the General
Plan.
Agenda An agenda is provided for each Planning Commission meeting.
The Planning Commission agenda is posted at least 72 hours prior the meeting
on the City’s website at www.santa-ana.org/cc/city-meetings, and on the
posting boards outside the Civic Center entrance, Council Chamber, and
Library.
The items on the agenda are arranged in four categories:
1. Consent Calendar: These are relatively minor in nature, do not have any
outstanding issues or concerns, and do not require a public hearing. All
consent calendar items are considered by the Commission as one item
and a single vote is taken for their approval, unless an item is pulled from
the consent calendar for individual discussion. There is typically no
Commission discussion of consent calendar items unless requested.
2. Business Items: Items in this category are general in nature and may
require Commission action. Public input may be received at the request
of the Commission.
3. Public Hearings: This category is for case applications that require, by
law, a hearing open to public comment because of the discretionary
nature of the request. Public hearings are formally conducted and public
input/testimony is requested at a specific time. This is your opportunity
to speak on the item(s) that concern you.
4. Work Study Session: Items in this category are generally items requiring
discussion. No action will be taken.
Public Hearing Procedure: The Planning Commission will follow the
following procedure for all items listed as public hearing items:
1. The Chairman will ask for presentation of the staff report;
2. The Commission will have the opportunity to question staff in order to
clarify any specific points;
3. The public hearing will be opened;
4. The applicant and the project representative will be allowed to make a
presentation, for a maximum of 15 minutes.
5. Members of the audience will be allowed to speak, for a maximum of 3
minutes per speaker.
6. The applicant will be given an opportunity to respond to comments
made by the audience;
7. The public hearing will be closed; and
8. Discussion of the proposal will return to the Commission with formal
action taken to approve, conditionally approve, deny, or continue
review of the application.
Staff Reports: Staff reports can be downloaded from the City’s website
at https://www.santa-ana.org/cc/city-meetings If you have any questions
regarding any item of business on the agenda for this meeting, or any of the
staff reports or other documentation relating to any agenda item, please
contact the Planning and Building Agency at 714-667-2732.
Appeals: The formal action by the Planning Commission regarding Tentative
Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances are
final and shall become effective after the ten-day appeal period (unless the
City Council in compliance with section 41-643, 41-644 or 41-645 holds a
public hearing on the matter, then the formal action will become effective on
the day following the hearing and decision by the City Council). An appeal from
the decision or requirement of the Planning Commission may be made by any
interested party, individual, or group. The appeal must be filed with the Clerk
of the Council, accompanied by the required filing fee, and a copy sent to the
Planning Department, within ten days of the date of the Commission’s action,
by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a
day when City hall is closed, the final day to appeal shall be extended to the
next day City Hall is open for public business. Please note: Under California
Government Code Sec. 65009, if you challenge in court any of the matters on
this agenda for which a public hearing is to be conducted, you may be limited
to raising only those issues which you (or someone else) raised orally at the
public hearing or in written correspondence received by the Planning
Commission or City Council at or before the hearing.
Submittal of information for dissemination or presentation
Written Materials/Handouts: Any member of the public who desires to submit
documentation in hard copy form may do so prior to the meeting or at the time
he/she addresses the Planning Commission. Please provide 15 copies of the
information to be submitted and file with the Recording Secretary at the time
of arrival to the meeting. This information will be disseminated to the Planning
Commission at the time testimony is given.
Large Displays/Maps/Renderings: Any member of the public who desires to
display freestanding large displays or renderings in conjunction with their
public testimony is asked to notify the Planning and Building Agency at 714-
667-2732 no later than noon on the day of the scheduled meeting.
Electronic Documents/Audio-Visuals: Any member of the public who desires
to display information electronically in conjunction with their public testimony
is asked to submit the information to the Planning and Building Agency at 714-
667-2732 no later than noon on the day of the scheduled meeting.
Code of Ethics and Conduct: The people of the City of Santa Ana, at an
election held on February 5, 2008, approved an amendment to the City Charter
which established the Code of Ethics and Conduct for elected officials and
members of appointed boards, commissions, and committees to assure public
confidence. A copy of the City’s Code can be found on the Clerk of the
Council’s webpage. The following are the core values expressed: Integrity ·
Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency
Senate Bill 343: As required by Senate Bill 343, any non-confidential
writings or documents provided to a majority of the Planning Commission
members regarding any item on this agenda will be made available for public
inspection in the Planning & Building Agency during normal business hours.
Planning Commission Agenda 2 September 9, 2019
CITY OF SANTA ANA
PLANNING COMMISSION
MEETING AGENDA
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS - At this time the members of the public may address the Planning
Commission regarding any non-agenda items within the subject matter jurisdiction of the
Commission. Members of the public will be allotted three minutes to speak.
RECOMMENDED ACTION: Approve staff recommendation on the following Consent
Calendar Item: A-B.
A. MINUTES FROM THE REGULAR MEETING OF AUGUST 26, 2019
RECOMMENDED ACTION: Approve Minutes.
B. EXCUSED ABSENCES
RECOMMENDED ACTION: Excuse absent commission members.
* * * END OF CONSENT CALENDAR * *
CONSENT CALENDAR
Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary.
Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson.
Planning Commission Agenda 3 September 9, 2019
BUSINESS CALENDAR
Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary.
Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson.
PUBLIC HEARING
1. CONDITIONAL USE PERMIT NO. 2019-01 AND MINOR EXCEPTION NO. 2019-01
{STRATEGIC PLAN NO. 3, 2} — Case Planner, Selena Kelaher
Location: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in
the Single-Family Residential (R-1) zone.
Request: The applicant is requesting approval of (1) a conditional use permit to expand
the existing parking lot, add additional seating within the existing facility, and demolish
five single-family dwellings to construct a new two-story 9,998 sq. ft. community service
building, and (2) a minor exception to allow the height of the new two-story community
service building to exceed the maximum building height standard.
Environmental Determination: In accordance with the California Environmental
Quality Act (CEQA), the project is categorically exempt from further environmental
review pursuant to CEQA Guidelines Section 15332 of the CEQA Guidelines - Class 32
In-Fill Development Projects. This exemption applies to infill development provided it is
consistent with the General Plan and zoning code; the project site is less than five acres,
surrounded by urban uses, does not have any noise or traffic impacts, and can be served
by existing utilities. The project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code. Based on this analysis,
Notice of Exemption, Environmental Review No. 2017-97 will be filed for this project.
RECOMMENDED ACTIONS:
a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-01 AS
CONDITIONED, TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 9,928-
SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS
WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC
ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE; and
b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-01 TO ALLOW
THE CONSTRUCTION OF A TWO-STORY (32 FOOT, 5 INCH) 9,928-SQUARE
FOOT COMMUNITY SERVICE BUILDING FOR ARCHANGEL MICHAEL COPTIC
ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
Planning Commission Agenda 4 September 9, 2019
2. CONDITIONAL USE PERMIT NO. 2019-29 {STRATEGIC PLAN NO. 3,2} — Case
Planner, Fernanda Arias
Location: I Can Barbeque Restaurant, 414 West Fourth Street in the Specific
Development No. 84 (SD-84) zone.
Request: The applicant is requesting approval of a conditional use permit to allow a
Type 41 (On Sale Beer & Wine – Eating Place) Alcoholic Beverage Control (ABC)
License for the sale of beer and wine for on-premises consumption at a new restaurant.
Environmental determination: In accordance with the California Environmental Quality
Act (CEQA), the project is categorically exempt from further environmental review
pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule). This exemption
applies to projects where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. The project
proposes to allow the operation of an alcoholic beverage control license to sell beer and
wine at a bona-fide restaurant. Based on this analysis, a Notice of Exemption,
Environmental Review No. 2019-67 will be filed for this project.
RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2019-29 AS CONDITIONED TO ALLOW THE SALE
OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT I CAN
BARBECUE RESTAURANT LOCATED AT 414 WEST FOURTH STREET
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
3. CONDITIONAL USE PERMIT NO. 2019-30, CONDITIONAL USE PERMIT NO. 2019-
31, VARIANCE NO. 2018-10 {STRATEGIC PLAN NO. 3,2} — Case Planner, Selena
Kelaher
Location: 301 North Tustin Avenue and 325 North Tustin Avenue in the General
Commercial (C2) zone.
Request: The applicant proposes to demolish the existing service station, car wash, and
convenience store to construct a new service station with a 3,040 sq. ft. convenience
store and new automated car wash. The applicant is requesting approval of (1) a
conditional use permit to allow a car wash, (2) a conditional use permit to allow a
convenience store to operate 24 hours a day and (3) an amendment to a variance to
allow a reduction in the minimum yard standard.
Environmental determination: In accordance with the California Environmental Quality
Act (CEQA), the project is categorically exempt from further environmental review
pursuant to CEQA Guidelines Section 15332, Class 32, In-fill Development Projects.
This exemption applies to in-fill development provided it is consistent with the General
Plan and zoning designation. The combined development site is 1.46 acres and
Planning Commission Agenda 5 September 9, 2019
surrounded by urban uses. The site was previously developed with commercial uses
and has no habitat for endangered, rare or threatened species. The project will not result
in any significant impacts related to traffic, noise, air quality or water quality according
to the traffic impact analysis and with implementation of water quality requirements. The
project can be served by all required utilities and public services. Based on this analysis,
Notice of Exemption, Environmental Review No. 2019-69 will be filed for this project.
RECOMMENDED ACTIONS:
a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS
CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301
NORTH TUSTIN AVENUE;
b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-
10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION
AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH
TUSTIN AVENUE; and
c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS
CONDITIONED TO ALLOW 24 -HOUR OPERATIONS OF A RETAIL STORE
LOCATED AT 325 NORTH TUSTIN AVENUE
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
4. CONDITIONAL USE PERMIT NO. 2019-23 {STRATEGIC PLAN NO. 3,2} — Case
Planner, Jerry Guevara
Location: 1825 East Newport Circle in the Light Industrial (M1) zone.
Request: The applicant is requesting approval of a conditional use permit to renew the
entitlements of an existing 60-foot tall major wireless communications facility disguised
as a mono-palm.
Environmental determination: In accordance with the California Environmental Quality
Act (CEQA), the project is categorically exempt from further environmental review
pursuant to CEQA Guidelines Section 15301 (Existing Facilities). This exemption
applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination. The project consists of the renewal of a
permit and minor alterations to the existing wireless communications facility. Based on
this analysis, Notice of Exemption, Environmental Review No. 2019-25 will be filed for
this project.
Planning Commission Agenda 6 September 9, 2019
RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2019-23 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN
EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY
LOCATED AT 1825 EAST NEWPORT CIRCLE
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
5. CONDITIONAL USE PERMIT NO. 2019-24 {STRATEGIC PLAN NO. 3,2} — Case
Planner, Vince Fregoso
Location: Wine Exchange, 1544 East Warner Avenue in the Specific Development 8
(SD-8) zone.
Request: The applicant is requesting approval of a conditional use permit to allow a
Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for the sale of
beer, wine and distilled spirit for consumption off the premises, and a Type 42 (On Sale
Beer & Wine- Public Premises) ABC license for the sale of beer and wine for on-premise
consumption at an existing establishment. In addition, the applicant is requesting a
Public Convenience and Necessity (PCN) Letter due to an overconcentration of licenses
in the census tract.
Environmental determination: In accordance with the California Environmental Quality
Act the project is categorically exempt from further environmental review pursuant to
CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to the
operating, permitting and licensing of existing private structures with negligible or no
expansion of the existing use. The proposed application is to approve an alcoholic
beverage control license and allow the sale of beer and wine within an existing
commercial building. Based on this analysis, Notice of Exemption, Environmental
Review No. 2019-58 will be filed for this project.
RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT
1544 EAST WARNER AVENUE
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
Planning Commission Agenda 7 September 9, 2019
6. CONDITIONAL USE PERMIT NO. 2019-25 {STRATEGIC PLAN NO. 3,2} — Case
Planner, Jerry Guevara
Location: Eco Town, 3309 South Bristol Street, Unit B in the Community Commercial
(C1) zone.
Request: The applicant is requesting approval of a conditional use permit to establish a
second-hand store.
Environmental determination: In accordance with the California Environmental Quality
Act (CEQA), the project is categorically exempt from further environmental review
pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which consists of the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. The proposed project does not involve a change in use
or expansion of use and it is to allow the operation of a secondhand store with minor
proposed tenant improvements. Based on this analysis, a Notice of Exemption,
Environmental Review No. 2019-16 will be filed for this project.
RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2019-25 AS CONDITIONED TO ESTABLISH A
SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL
STREET, UNIT B
General Notes: Legal notice published in the Orange County Reporter on August 30,
2019 and notice mailed and posted on said date. Decision on this matter is final unless
appealed within 10 days by any interested individual or group.
7. ZONING ORDINANCE AMENDMENT NO. 2019-04 {STRATEGIC PLAN NO. 3,2} —
Case Planner, Jerry Guevara
Location: Citywide
Request: The City of Santa Ana is requesting approval of a zoning ordinance
amendment to amend several sections of Chapter 41 (Zoning) of the Santa Ana
Municipal Code prohibiting cyber cafés as a permitted use citywide.
Environmental determination: In accordance with the California Environmental Quality
Act (CEQA), the project is exempt from further environmental review pursuant to CEQA
Guidelines Section 15061(b)(3). The exemption applies to projects covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment. The activity is not subject to CEQA as it can be
seen with certainty that there is no possibility that this code amendment may have a
significant effect on the environment. Based on this analysis, Notice of Exemption,
Environment Review No. 2019-68 will be filed upon adoption of this ordinance.
Planning Commission Agenda 8 September 9, 2019
RECOMMENDED ACTIONS: Recommend that the City Council adopt an
ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-45, 41-198.200, 41-365, 41-377 AND 41-424 OF CHAPTER
41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFÉS
AS A PERMITTED USE CITYWIDE
General Notes: Legal notice published in the Orange County Register on August 30,
2019 and notice mailed and posted on said date. Recommendation on this matter will
be forwarded to the City Council at a later date for final determination.
* * * END OF BUSINESS CALENDAR * * *
COMMENTS
8. STAFF COMMENTS
9. COMMISSION MEMBER COMMENTS
ADJOURNMENT – The next regular meeting will be held on Monday, September 23, 2019 at 5:30
p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California.
FUTURE AGENDA ITEMS
• CUP 2019-27; 19-26; 19-28: 501 N. French - to re-purpose an existing 2,024-square foot office building to operate a small
craft brewery, restaurant and tasting room, with after- hours operation on Friday and Saturday until 1:00 a.m.
• CUP19-18:923 N. Santiago Street #C - to convert an existing communal apartment laundry room into a publicly accessible
laundromat (Depot at Santiago)
• SPR19-01; DBA19-01: 114 E., Fifth Street (First American Title) - to allow construction of a mixed-use development
consisting of 220 residential units and 12,350 sq. ft. of commercial space. The project is requesting one concession/waiver
to allow a reduction of required onsite parking for providing 5 percent affordable units for very-low income families.