Meeting
Planning Commission
Regular Meeting Agenda


September 9, 2019

CITY COUNCIL CHAMBER



https://santa-ana.primegov.com/content/images/org/city_logo.png
 
MARK McLOUGHLIN
Chair, Citywide Representative
CYNTHIA CONTRERAS-LEO
Vice Chair, Ward 5 Representative
        NORMA GARCIA
Ward 1 Representative

MIGUEL CALDERON
Ward 2 Representative
        KENNETH NGUYEN
Ward 3 Representative

VACANT
Ward 4 Representative
        THOMAS MORRISSEY
Ward 6 Representative

MinhThai
Executive Director

 
John Funk
Legal Counsel
Ali Pezeshkpour, AICP
Principal Planner
Sarah Bernal
Recording Secretary
 
http://lakeforest.primegov.com/content/images/org/background_1.png In 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) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
 

 
REGULAR BUSINESS MEETING - 5:30 P.M. - COUNCIL CHAMBERS, 22 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA, 92701
CALL TO ORDER - CHAIR MCLOUGHLIN
ROLL CALL
PUBLIC COMMENT - 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. Persons wishing to speak should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. No action may be taken on non-agenda items unless authorized by law.
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 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson.
A. MINUTES FROM THE REGULAR MEETING OF AUGUST 26, 2019 {STRATEGIC PLAN NO. 5, 1}
B. EXCUSED ABSENCES
*END OF CONSENT CALENDAR*
BUSINESS CALENDAR - Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. 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 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson.
PUBLIC HEARINGS - The Planning Commission decision on Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances are final unless appealed within 10 days of the decision by any interested party or group. The Planning Commission makes recommendations to the City Council for amendments to Zoning and the General Plan. Please refer to the General Notes section for more information.
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. 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.
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
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. 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 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. 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.
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
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. 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. 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.
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. 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. 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.
GENERAL NOTES: Appeals: The formal action by the Planning Commission 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.
PRINTABLE AGENDA
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. 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.