Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
1 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
2 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
3 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
4 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
5 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
6 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
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3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
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Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
7 Planning Commission
8/26/2024
Planning Commission
Regular Meeting Agenda Minutes
August 26, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 3 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Marco A. Martinez
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
Recording Secretary
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) 6475624. 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.
CALL TO ORDER
Commissioners: Jennifer Oliva, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benniger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Marco A. Martinez
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:38 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a. Minutes
Recommended Action: Approve Minutes from August 12, 2024. b. Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
*End of Consent Calendar*
BUSINESS CALENDAR
Administrative Matters
1. GENERAL PLAN CONSISTENCY FINDING FOR THE SALE OF SUCCESSOR AGENCY PROPERTY TO THE CITY OF SANTA ANA LOCATED AT THIRD STREET AND MAIN STREET
Project Applicant: Community Development Agency of the City of Santa Ana Proposed Project: The Community Development Agency of the City of Santa Ana is requesting to find the sale of Successor Agency property consistent with the General Plan.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3).
Recommended Action:
1. Adopt a resolution finding that the sale of the Successor Agency property to the City of Santa Ana that is located at Third Street and Main Street (APN:
39860102) is consistent with the General Plan.
Moved by Commissioner Woo, seconded by Commissioner Escamilla to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
Minutes: Community Development Agency Executive Director, Michael Garcia, gave a brief presentation.
Commission had questions for staff.
Staff answered questions from Commission.
Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter and OC Register on August 16, 2024, and notices were mailed on said date.
1. ZONING ORDINANCE AMENDMENT NO. 202302 AMENDING SECTIONS 4154.5 AND 41610.5 OF THE SANTA ANA MUNICIPAL CODE TO AMEND THE CITY’S ELECTRIC FENCE STANDARDS AND REQUIREMENTS, WHICH INCLUDE MODIFICATIONS TO EXPAND THE ELIGIBILITY FOR SITES AND TO ENSURE CONSISTENCY WITH THE CALIFORNIA CIVIL CODE SECTION 835.
Project Location: Citywide
Project Applicant: Keith Kaneko and Luis Farias representing Amarok, LLC (Applicant).
Proposed Project: Zoning Ordinance Amendment (ZOA) application (ZOA No. 2023 02) seeking to amend Section 4154.5 and Section 41610.5 (Wall and Fence Requirements) of the Santa Ana Municipal Code (SAMC) to amend the City’s electric fence standards and requirements, which include modifications to expand the eligibility for sites and to ensure consistency with the California Civil Code Section 835.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15060(c)(2) and Section 15060(c)(3). Environmental Review No. 202441 will be filed upon adoption of this ordinance. In the alternative, the adoption of this ordinance amendment is categorically exempt pursuant to State CEQA Guidelines section 15031 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.
Recommended Action:
1. Continue the item to October 14, 2024, pursuant to a request from the applicant.
Moved by Commissioner Leo, seconded by Commissioner Benninger to Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
2. CONDITIONAL USE PERMIT NO. 202411 FOR THE PROPERTY LOCATED AT 730 NORTH POINSETTIA STREET, UNIT A LOCATED WITHIN THE TRANSIT ZONING CODE (SD84)
Project Applicant: Dana Neville with Les Brisket Hut (Applicant & Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP) No. 202411 to allow the sale of beer and wine for onpremises consumption, through a Type41 license from the Department of Alcoholic Beverage Control (ABC), at a new eating establishment.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202457, will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202411 as conditioned.
Minutes: Applicant spoke in favor of the project.
Commission had questions for the applicant.
Moved by Commissioner Benninger, seconded by Commissioner Woo to Approve as amended.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J.
Escamilla, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 6 – 0 – 0 – 1 – Pass
3. CONDITIONAL USE PERMIT NO. 202206 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLEFAMILY RESIDENCE (R1) ZONING DISTRICT.
Project Applicant: Chan Q. and Quynh D. Kieu (Applicants and Property Owners) Proposed Project: Applicants are requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’4” in height within the rear yard of an existing singlefamily residence. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The original Planning Commission public hearing for this project was held on March 28, 2022, which was subsequently continued to the April 25, 2022, Planning Commission public hearing. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously to continue the item indefinitely. This action required renoticing of the project as a new Planning Commission public hearing.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned.
Minutes: Resident, Tim Rush, spoke in opposition to this project.
Resident, Mark Spratt, spoke in opposition to this project.
Resident, Ed Murashie, spoke in opposition to this project.
Resident, Mike Silva, spoke in opposition to this project.
Resident, Angel Barnes, spoke in opposition to this project.
Resident, Dale Helvig, raised concerns regarding the Mills Act.
Property Owner and Applicant, Quynh Kieu, spoke in support of the project.
Commission had questions for staff and the applicant, about views, the Mills Act, height, the Historic Resources Commission’s role in the project, changes to the project since 2022, property maintenance, input from the neighborhood, and the property’s land use.
Applicant answered questions from the Commission on the intended land use as a private residence, height, working with others on the design, and site maintenance.
Moved by Commissioner Pham, seconded by Commissioner Woo to Approve as amended.
YES: 4 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo NO: 2 – Manuel J. Escamilla, Carl Benninger
ABSTAIN: 0 – ABSENT: 1 – Jennifer Oliva
Status: 4 – 2 – 0 – 1 – Pass
*End of Business Calendar*
WORK STUDY SESSION
*End of Work Study Session Calendar*
STAFF COMMENTS
Minutes: Planning Manager, Ali Pezeshkpour, had updates for the Commission.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on September 09, 2024 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 8:22 p.m.
APPEAL INFORMATION
The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 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.
MEETING INFORMATION
If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.
1. Connecting directly from your computer:
Click on the link on top of this agenda OR
Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
2. Connecting via the Zoom App:
Download the free Zoom Cloud Meetings app from your favorite app store.
Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes.
3. Dialing in from a mobile phone or landline:
Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda.
To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.
Submit a written comment
You are invited to submit a written comment in one of the following ways:
Email PBAecomments@santaana.org and reference the topic in the subject line.
Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.
Deadline to submit written comments, including any supplemental materials for consideration by the Planning Commission, is 3:30 p.m. on the day of the meeting.
Comments received after the deadline may not be distributed to the Planning Commission but will be made part of the record. All attendees wishing to submit written comments or supplemental materials for distribution to Planning Commission members during the inperson meeting must provide 15 printed copies.
8 Planning Commission
8/26/2024