Meeting
Planning Commission
Regular Meeting Agenda


May 13, 2019

CITY COUNCIL CHAMBER



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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
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 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 - All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. 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.
ADMINISTRATIVE MATTERS
A. MINUTES FROM THE REGULAR MEETING OF APRIL 22, 2019 {Strategic Plan No. 5, 1}
B. EXCUSE ABSENCES
*END OF CONSENT CALENDAR*
BUSINESS CALENDAR - All matters listed under the Business Calendar are generally items requiring discussion and action. 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
1. CONDITIONAL USE PERMIT NO. 2019-13 TO ALLOW DRIVE-THROUGH WINDOW SERVICE, CONDITIONAL USE PERMIT NO. 2019-14 TO ALLOW AFTER-HOURS OPERATIONS, AND 2019-17 TO ALLOW WALK-UP WINDOW SERVICE FOR A NEW RESTAURANT (IN-N-OUT BURGERS) LOCATED AT 815 NORTH BRISTOL STREET IN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP-1) ZONE – IN-N-OUT BURGER, APPLICANT {STRATEGIC PLAN NO 5,4}. Ivan Orozco, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is exempt from further review pursuant CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction. This exemption applies if the new structure will be located on the same site as the structured replaced and will have substantially the same purpose and capacity as the structured replaced. Categorical Exemption ER No. 2018-43 will be filed for this project. Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Staff has requested the matter be continued.
2. REGIONAL PLANNED SIGN PROGRAM NO. 2018-01 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A VARIETY OF TEMPORARY AND PERMANENT SIGNS AT THE EXISTING DISCOVERY CUBE OF ORANGE COUNTY LOCATED AT 2500 NORTH MAIN STREET IN THE SPECIFIC DEVELOPMENT NO. 65 (SD-65) ZONE - DISCOVERY CUBE OF ORANGE COUNTY, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Vince Fregoso, Case Planner.In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15311 of the CEQA Guidelines because the proposed project does not have potential to cause a significant effect on the environment. Categorical Exemption ER No. 2019-33 will be filed for this project. Legal notice published in the Orange County Reporter on March 29, 2019 and notices mailed on March 29, 2019. Due to cancellation of the April 8 meeting, matter was carried forward to April 22. On April 22, matter was continued to May 13 by a vote of (5:0, Alderete & Nguyen absent). Note: Decision on this matter is final unless appealed within 10 days of the decision by any interested party or group.
3. GENERAL PLAN AMENDMENT NO. 2019-01 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM LOW-DENSITY RESIDENTIAL (LR) TO URBAN NEIGHBORHOOD (UN) AND TO UPDATE TEXT PORTIONS OF THE CITY'S LAND USE ELEMENT TO REFLECT THIS CHANGE, AND AMENDMENT APPLICATION NO. 2019-01 TO REZONE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO SPECIFIC DEVELOPMENT NO. 94 (SD-94) IN ORDER TO FACILITATE THE CONSTRUCTION OF A 226-UNIT MULTIPLE FAMILY RESIDENTIAL COMMUNITY LOCATED AT 651 WEST SUNFLOWER AVENUE- LEGACY PARTNERS, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Ivan Orozco and Ali Pezeshkpour, Case Planners. In accordance with the California Quality Environmental Act (CEQA), a Mitigated Negative Declaration (MND), Environmental Review No. 2018-75 was prepared for the project to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of mitigation measures for transportation, construction, vibrations, noise, and tribal resources. Legal notice published in the Orange County Register on April 12, 2019 and notices mailed on April 12, 2019. On April 22, matter was continued to May 13 by a vote of (5:0, Alderete & Nguyen absent).Note: Recommendation will be forwarded to City Council for final determination.
4. MITIGATED NEGATIVE DECLARATION NO. 2015-14, GENERAL PLAN AMENDMENT NO. 2017-03, TENTATIVE TRACT MAP NO. 2017-04, AND VARIANCE NO. 2017-10 TO ALLOW THE CONSTRUCTION OF 17 RESIDENTIAL TOWNHOMES LOCATED AT 3025 AND 3109 WEST EDINGER AVENUE IN THE TWO-FAMILY RESIDENTIAL (R-2) ZONING DISTRICT - HAPHAN GROUP INC., APPLICANT {STRATEGIC PLAN NO. 3, 2}. Selena Kelaher, Case Planner. In accordance with the California Quality Environmental Act (CEQA), a Mitigated Negative Declaration (MND), Environmental Review No. 2015-14 was prepared for the project to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of a mitigation measure for noise.Legal noticed published in the Orange County Reporter on March 15, 2019 and notices mailed on March 15, 2019. Matter continued from March 25 to April 8 by a vote of 7:0; matter carried forward to April 22 due to the cancellation of the April 8 meeting. On April 22, matter was continued to May 13 by a vote of (5:0, Alderete & Nguyen absent). Note: Recommendation will be forwarded to the City Council for final determination.
5. APPEAL NO. 2019-01 OF MINOR EXCEPTION NO. 2019-02 TO ALLOW AN INCREASE IN THE HEIGHT OF THE FRONT YARD FENCE FROM THREE FEET TO FOUR FEET FOR THE PROPERTY LOCATED AT 1105 S. FLINTRIDGE DRIVE IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE – JIMMY LY, APPELLANT {STRATEGIC PLAN NO 5,4}. Vince Fregoso, Case Planner. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15061 (b)(3) of the CEQA Guidelines because the proposed project does not have potential to cause a significant effect on the environment. Categorical Exemption ER No. 2019-26 will be filed for this project. Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Note: Decision on this matter is final unless appeal within 10 days.
1. Option 1: UPHOLDING DENIAL OF THE 4-FOOT FENCE. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2019-01 AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR TO DENY MINOR EXCEPTION 2019-02 FOR A FOUR-FOOT-HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE; OR
2. Option 2: APPROVING OF THE 4-FOOT FENCE. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2019-01 OVERTURNING THE DECISION OF THE ZONING ADMINISTRATOR AND GRANTING MINOR EXCEPTION NO. 2019-02 AS CONDITIONED TO ALLOW A FOUR-FOOT-HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE
6. AMENDMENT APPLICATION NO. 2019-02 TO CHANGE THE ZONING DESIGNATION FROM LIGHT MANUFACTURING (M-1) TO GENERAL COMMERCIAL (C-2), CONDITIONAL USE PERMIT NO. 2019-12 TO ALLOW AFTER-HOUR OPERATIONS, AND VARIANCE NO. 2019-01 TO ALLOW AN ADDITIONAL MONUMENT SIGN FOR THE PROPERTY LOCATED AT 1904 W. FIRST STREET (7-ELEVEN) IN THE LIGHT INDUSTRIAL (M-1) ZONE - FIEDLER GROUP, REPRESENTING 7-ELEVEN, INC., APPLICANT {STRATEGIC PLAN NO 5,4}. Jerry Guevara Case Planner. In accordance with the California Quality Environmental Act (CEQA), a Mitigated Negative Declaration (MND), Environmental Review No. 2017-140 was prepared for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, transportation, hazards, and hazardous materials. Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Note: Recommendation will be forwarded to City Council for final determination.
7. ADDENDUM TO THE ENVIRONMENT IMPACT REPORT FOR THE FASHION SQUARE COMMERCIAL CENTER PROJECT (SCH NO. 1983021103) AND RE-ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM, AMENDMENT APPLICATION NO. 2018-04 TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO SPECIFIC PLAN NO. 4 (SP-4), TENTATIVE PARCEL MAP NO. 2018-01 TO SUBDIVIDE THE SITE INTO 10 PARCELS; AND DEVELOPMENT AGREEMENT NO. 2018-02 TO ALLOW MIXED-USE DEVELOPMENT AT MAINPLACE MALL WITH COMMERCIAL, OFFICE, HOTEL, AND RESIDENTIAL USES LOCATED AT 2800 N. MAIN STREET IN THE GENERAL COMMERCIAL (C-2) ZONE - MAINPLACE SHOPPINGTOWN, LLC., APPLICANT {STRATEGIC PLAN NO 5,4}. Ali Pezeshkpour, Case Planner. In accordance with the California Quality Environmental Act (CEQA) Guidelines Section 15162, the City has determined that an Addendum to the previously certified 1983 Environmental Impact Report (EIR) for the Fashion Square Project is the appropriate form of review for this project. Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Note: Recommendation will be forwarded to the City Council for final determination.
8. ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND SEVERAL SECTIONS OF THE TRANSIT ZONING CODE (SD NO. 84) INCLUDING MODIFICATION TO HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING - CITY OF SANTA ANA., APPLICANT {STRATEGIC PLAN NO 5,4}. Ali Pezeshkpour, Selena Kelaher and Pedro Gomez, Case Planners. In accordance with California Quality Environmental Act (CEQA), the proposed project is exempt from further review pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no impact on the environment. Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Note: Recommendation will be forwarded to the City Council for final determination.
*END OF BUSINESS CALENDAR*
COMMENTS
9. STAFF COMMENTS
10. COMMISSION MEMBER COMMENTS
ADJOURNMENT - In observance of Memorial Day no meeting will be held on May 27. The next regular meeting will be held on Tuesday, May 28, 2019 at 5:30 p.m. in Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Future Agenda Items
1. 815 N. Bristol (In n Out)_ CUP
2. Adoption of Local CEQA Guidelines
3. Group Home Ordinance
4. General Plan Update (Maps)
5. Legislative Updates
PRINTABLE AGENDA
GENERAL NOTES: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.