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Home My WebLink About03-27-17 PC MINUTES PLANNING COMMISSION MINUTES 1 MARCH 27, 2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 27, 2017 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: LYNNETTE VERINO, Chair MARK McLOUGHLIN, Vice Chair PHIL BACERRA CYNTHIA CONTRERAS-LEO (left at 7:23 p.m.) BEATRIZ MENDOZA (left at 7:23 p.m.) KENNETH NGUYEN COMMISSIONERS Absent: ERIC ALDERETE STAFF Present: CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner ALI PEZESHKPOUR, Senior Planner SELENA KELAHER, Associate Planner IVAN OROZCO, Assistant Planner II ESCARLET MAR, Planning Technician BILL MCGOVERN, Police Community Serv. Specialist SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Chairperson Verino PUBLIC COMMENTS (on non-agenda items) - No comments received. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A - B. MOTION: McLoughlin SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) PLANNING COMMISSION MINUTES 2 MARCH 27, 2017 NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 27, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse absent commission member Alderete. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR COMMISSIONER COMMUNICATION DISCLOSURE REGARDING AGENDIZED PROJECTS: Chairperson Verino disclosed that she spoke with the applicant regarding agenda item no. 3. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2016-26 (Applicant: ATC Sequoia LLC) Legal notice published in the Orange County Reporter on March 17, 2017 and notices mailed March 17, 2017. Planning Technician Mar provided a project overview which included a project description, site description and project analysis. Dave Burton, representing ATC Sequoia LLC, spoke in support of the project. Chairperson Verino opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2017-08 approving Conditional Use Permit No. 2016-26 as conditioned. MOTION: Bacerra SECOND: Nguyen PLANNING COMMISSION MINUTES 3 MARCH 27, 2017 VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 2. AMENDMENT APPLICATION NO. 2016-05 AND CONDITIONAL USE PERMIT NOS. 2016-44 AND 2017-06 (Applicant: Gardena Group Holdings LLC) Legal notice published in the Orange County Reporter on March 17, 2017 and notices mailed March 17, 2017. Assistant Planner II Orozco provided a project overview which included a project description, site description and project analysis. A discussion period ensued regarding conditions of approval, signage, stacking, and landscape requirements. Chairperson Verino opened the Public Hearing. Richard Garcia, resident, spoke in support of the project. There were no other speakers and the Public Hearing was closed. Discussion was held regarding the possibility that a condition be added to require that food be offered for purchase through a take-out window at all times during which food is offered for purchase through the drive-through. Commission agreed that the decision to offer food for purchase through a take-out window should be left to the business. MOTIONS: 1. Adopt Resolution No. 2017-09 recommending that City Council adopt an ordinance approving Amendment Application No. 2016-05. 2. Adopt Resolution No. 2017-10 approving Conditional Use Permit No. 2016-44 as conditioned (carwash facility). 3. Adopt Resolution No. 2017-10 approving Conditional Use Permit No. 2017-06 as conditioned (drive-through). MOTION: Mendoza SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) PLANNING COMMISSION MINUTES 4 MARCH 27, 2017 ABSTAIN: None (0) ABSENT: Alderete (1) 3. CONDITIONAL USE PERMIT NO. 2017-03 (Applicant: Mariscos Hector #1) Legal notice published in the Orange County Reporter on March 17, 2017 and notices mailed March 17, 2017. Associate Planner Kelaher provided a project overview which included a project description, site description and project analysis. Police Community Services Specialist McGovern provided information on the analysis and criteria used to assess the project. A discussion period ensued regarding calls for service, criteria for issuing a Type 47 license, resident complaints, and conditions of approval. Chairperson Verino opened the public hearing. The following spoke on the matter: • Adolfo Sierra: Expressed concern with public safety. • Jose Rea: Expressed concern with public safety. • Alex Vega: Expressed concern with public safety. • Hector Ramirez: Spoke in support of the project. • Rosalinda Hernandez: Spoke in support of the project. • Suzanna Castro: Spoke in support of the project. • Juan Acevedo: Spoke in support of the project. • Luis Onofre: Spoke in support of the project. • Javier Espinoza: Spoke in support of the project. • Jose Perez: Spoke in support of the project. • Ernesto Martinez: Spoke in support of the project. • Juan Tariffa: Spoke in support of the project • Irma Jauregui: Expressed concern with the on-premise consumption of distilled spirits. • Richard Garcia: Expressed concern with parking issues. There were no other speakers and the public hearing was closed. At Commission inquiry, Joe Rodriquez, representing Mariscos Hector #1, stated that the hours of operation for the restaurant, live entertainment and security personnel varies. He also reported that he is working to address the concerns that have been brought forth by residents and has implemented a training program for staff. PLANNING COMMISSION MINUTES 5 MARCH 27, 2017 Concern was expressed for the number of calls for service and applicant was encouraged to reduce the number of calls for service and work with the neighborhood residents to address concerns. Support for the project was expressed by Commissioner Mendoza. MOTION: Adopt Resolution No. 2017-11 denying Conditional Use Permit No. 2017-03 as conditioned. MOTION: Nguyen SECOND: McLoughlin VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: Mendoza (1) ABSTAIN: None (0) ABSENT: Alderete (1) 4. CONDITIONAL USE PERMIT NO. 2017-09 (Applicant: eSports Café) Legal notice published in the Orange County Register on March 17, 2017 and notices mailed March 27, 2017. Senior Planner Pezeshkpour provided a project overview which included a project description, site description, project background and project analysis. Zack Long, representing eSports Café, answered question regarding the hours that alcohol will be served, hours of café, hours of security personnel and procedure for reducing the possibility of under-age alcohol consumption. Chairperson Verino opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2017-12 approving Conditional Use Permit No. 2017-09 with the added condition that hot foods be available for purchase at all times during which alcohol is offered for sale to patrons. MOTION: Bacerra SECOND: McLoughlin VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) PLANNING COMMISSION MINUTES 6 MARCH 27, 2017 COMMENTS 6.STAFF COMMENTS Planning Manager Neal: Provided a one- year incident report on the Blinking Owl Distillery. Reported that there will be a Work Study session at the May 8 Planning Commission meeting. 7.PLANNING COMMISSION MEMBER COMMENTS Vice Chair Mcloughlin: Inquired about the procedure for submitting a new application for a Conditional Use Permit after it has been previously denied by the Planning Commission. O Planning Manager Neal indicated that there is a waiting period for applicants before they are eligible to reapply. Chair Verino: Inquired on the procedure for revoking Conditional Use Permits. O Planning Manager Neal indicated that the conditions of the Conditional Use Permit would need to be reviewed. ADJOURNED 7:34 P.M. - The next meeting of the Planning Commission is scheduled for Monday, April 10, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary