Planning Commission
<br />Regular Meeting Agenda
<br />April 25, 2022
<br />5:30 P.M.
<br />Council Chamber
<br />22 Civic Center Plaza
<br />Santa Ana, CA
<br />THOMAS MORRISSEY
<br />Chair, Ward 6 Representative
<br />ERIC M. ALDERETE
<br />Citywide Representative
<br />BAO PHAM
<br />ViceChair,
<br />Ward 1 Representative
<br />MIGUEL CALDERON
<br />Ward 2 Representative
<br />ISURI S. RAMOS
<br />Ward 3 Representative
<br />MARK McLOUGHLIN
<br />Ward 4 Representative
<br />ALAN WOO
<br />Ward 5 Representative
<br />MinhThai
<br />Executive Director
<br />John Funk
<br />Legal Counsel
<br />Fabiola Zelaya Melicher, AICP
<br />Planning Manager
<br />Christina Leonard
<br />Acting Recording
<br />Secretary
<br />In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
<br />contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
<br />the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
<br />documentation can be found on the City’s website – www.santaana.org/citymeetings.
<br />CALL TO ORDER
<br />Commissioners: Thomas Morrissey, Chair
<br />Bao Pham, ViceChair
<br />Eric M. Alderete
<br />Miguel Calderon
<br />Mark McLoughlin
<br />Isuri S. Ramos
<br />Alan Woo
<br />Executive Director Minh Thai
<br />Senior Asst. City Attorney John Funk
<br />Planning Manager Fabiola Zelaya Melicher
<br />Recording Secretary Christina Leonard
<br />ROLL CALL
<br />PLEDGE OF ALLEGIANCE
<br />PUBLIC COMMENTS (non agenda items)
<br />CONSENT CALENDAR ITEMS
<br />a.Minutes
<br />Recommended Action: Approve Minutes from April 11, 2022 meeting.
<br />Moved by Commissioner Woo, seconded by Commissioner McLoughlin to
<br />Approve.
<br />YES: 4 – Miguel Calderon, Mark McLoughlin, Isuri Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 1 – Tom Morrissey
<br />ABSENT: 2 – Eric Alderete, Bao Pham
<br />Status: 4 – 0 – 1 – 2 – Pass
<br />Minutes: Commissioner Alderete arrived at 5:50 pm.
<br />b.Excused Absences
<br />Recommended Action: Excuse absent commissioners.
<br />Moved by Commissioner McLoughlin, seconded by Commissioner Woo to
<br />Approve.
<br />YES: 5 – Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Eric Alderete, Bao Pham
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />c.CUP No. 202204 – Compass Bible Church (2909 S. Daimler Street)
<br />Recommended Action: Adopt a resolution denying Conditional Use Permit No.
<br />202204.
<br />Moved by Commissioner Woo, seconded by Commissioner Calderon to
<br />Approve.
<br />YES: 4 – Miguel Calderon, Mark McLoughlin, Isuri Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 1 – Tom Morrissey
<br />ABSENT: 2 – Eric Alderete, Bao Pham
<br />Status: 4 – 0 – 1 – 2 – Pass
<br />*End of Consent Calendar*
<br />BUSINESS CALENDAR
<br />Public Hearing:The Planning Commission decision on Conditional Use Permits,
<br />Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and
<br />Public Convenience or Necessity Determinations are final unless appealed within 10
<br />days of the decision by any interested party or group (refer to the Basic Meeting
<br />Information page for more information). The Planning Commission recommendation
<br />on Zoning and General Plan amendments, Development Agreements, Specific
<br />Developments, and Specific Plans will be forwarded to the City Council for final
<br />determination. Legal notice was published in the OC Reporter and Register on April
<br />13, 2022 and notices were mailed on April 13 & 14, 2022
<br />1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner
<br />Project Location: 2221 N. Heliotrope Drive
<br />Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners)
<br />Proposed Project: The applicant is requesting approval of Conditional Use
<br />Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’ –
<br />4” in height within the rear yard of an existing singlefamily residence located at
<br />2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa Ana
<br />Municipal Code (SAMC), accessory buildings more than fifteen feet in height or
<br />more than one story require approval of a CUP.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the project is exempt from further review
<br />pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or
<br />Conversion of Small Structures) because the project involves the construction of a
<br />small accessory structure. Based on this analysis, Notice of Exemption,
<br />Environmental Review No. 202211 will be filed for this project.
<br />Recommended Action: Item to be continued to Future Date.
<br />Moved by Commissioner Woo, seconded by Commissioner Ramos to
<br />Approve.
<br />YES: 5 – Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri Ramos, Alan
<br />Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Eric Alderete, Bao Pham
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />2.Density Bonus Agreement Application No. 202201 – Pedro Gomez, Case
<br />Planner
<br />Project Location: 1411 North Broadway
<br />Project Applicant: Brateil Aghasi, representing WISEPlace, on behalf of
<br />WISEPlace, a California nonprofit public benefit corporation (Property Owner).
<br />Proposed Project: The applicant proposes to construct a 48unit permanent
<br />supportive housing community. In order to facilitate the construction of the project,
<br />the applicant is requesting approval of Density Bonus Agreement (DBA) No.
<br />202201 to utilize waivers from development standards and/or development
<br />concessions as permitted pursuant to California Government Code sections
<br />65915 through 65918 and as implemented by the Santa Ana Municipal Code
<br />(SAMC) Sections 411600 through 411607.
<br />Environmental Impact: In accordance with the California Quality Environmental
<br />Act (CEQA), the recommended action is exempt from CEQA per Section 15194
<br />(Affordable Housing Exemption). This exemption applies to development projects
<br />for affordable housing that meet the threshold criteria set forth in Section 15192;
<br />are not located on a site more than five acres in area; are located within an
<br />urbanized area with a population density of at least 5,000 persons per square
<br />mile, and immediately adjacent to qualified urban uses; and that consist of the
<br />construction of 100 or fewer residential housing units that are affordable to low
<br />income households. Therefore, no additional environmental review is required.
<br />Based on this analysis, a Notice of Exemption, Environmental Review No. 2022
<br />05 will be filed for this project.
<br />Recommended Action: Item to be continued to May 9, 2022
<br />Moved by Commissioner Woo, seconded by Commissioner McLoughlin to
<br />Approve.
<br />YES: 5 – Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri Ramos, Alan
<br />Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Eric Alderete, Bao Pham
<br />Status: 5 – 0 – 0 – 2 – Pass
<br />3.Public Facilities Naming No. 202201 – Timothy Pagano, Project Manager
<br />Project Location: 415 and 423 South Raitt Street
<br />Project Applicant: City of Santa Ana (Timothy Pagano, Community Services
<br />Manager)
<br />Proposed Project: Staff is requesting Planning Commission approval of PFN
<br />No. 202201 to name the empty lot at 415 and 423 South Raitt Street to El Refugio
<br />Park upon completion of the project. Pursuant to Santa Ana Municipal Code
<br />(SAMC) Section 335, the Planning Commission is responsible for public facilities
<br />naming requests, with City Council consent review thereafter.
<br />Environmental Impact: In accordance with the California Environmental Quality
<br />Act and the CEQA Guidelines, the recommended action is exempt from further
<br />review per Section 15061 (b)(3). This general rule exemption is allowed provided
<br />it can be determined with certainty that the proposed project will not have a
<br />significant effect on the environment. As the project consists of naming of a public
<br />facility, the general rule exemption is applicable. Notice of Exemption for
<br />Environmental Review No. 202218 will be filed for this project.
<br />Recommended Action: Adopt a resolution approving Public Facilities Naming
<br />(PFN) No. 202201 to name the empty lot at 423 South Raitt Street to El Refugio
<br />Park.
<br />Minutes: Chair Morrissey opened the Public Hearing. There were no speakers
<br />and the Public Hearing was closed.
<br />Commissioners asked to add a condition that a plaque in both English and
<br />Spanish be placed in the park stating its history.
<br />Moved by Commissioner , seconded by Commissioner to Approve.
<br />YES: 0 – NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 0 – 0 – 0 – 0 –
<br />4.Conditional Use Permit No. 202109 – Pedro Gomez, Case Planner
<br />Project Location: 2525 N. Grand Avenue, Unit A
<br />Project Applicant: Blanca Toriz, on behalf of El Cangrejo Nice 3 (applicant)
<br />Proposed Project: The applicant is requesting approval of Conditional Use
<br />Permit (CUP) No. 202109 to upgrade an existing Type 41 onsale beer and wine
<br />license to a Type 47 onsale beer, wine and distilled spirits, for onpremise
<br />consumption at an existing eating establishment.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the project is exempt from further review
<br />pursuant to Section 15301 of the CEQA Guidelines (Class 1/Existing Facilities)
<br />because the project involves negligible expansion of an existing use. Based on
<br />this analysis, Notice of Exemption, Environmental Review No. 202216 will be filed
<br />for this project.
<br />Recommended Action: .Adopt a resolution approving Conditional Use Permit
<br />No. 202109
<br />Minutes: Chair Morrissey opened the Public Hearing. The applicant spoke in
<br />favor of the matter. There were no other speakers and the Public Hearing was
<br />closed.
<br />Moved by Commissioner Calderon, seconded by Commissioner Ramos to
<br />Approve.
<br />YES: 6 – Eric Alderete, Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri
<br />Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Bao Pham
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />5.Tentative Tract Map No. 202201 – Ali Pezeshkpour, Case Planner
<br />Project Location: 830 South Harbor Boulevard
<br />Project Applicant: Kim Prijatel with City Ventures, representing property owner
<br />MAS Investments LP
<br />Proposed Project: The applicant is requesting approval of a tentative tract map
<br />(TM) to permit the subdivision of a proposed 23, threestory attached townhome
<br />development. Pursuant to SAMC Section 34127, the City of Santa Ana Planning
<br />Commission is responsible for approving tentative tract maps. Staff is
<br />recommending approval of the applicant’s request due to the project’s compliance
<br />with the zoning and all corresponding development standards.
<br />Environmental Impact: Pursuant to the California Environmental Quality Act
<br />(CEQA), proposed development project has been determined to be adequately
<br />evaluated in the previously certified EIR No. 201401 as per Sections 15162 and
<br />15168 of the CEQA guidelines. The project entails construction of an infill
<br />residential community whose scope and impacts were evaluated to ensure
<br />conformance to the Environmental Impact Report (SCH No. 2013061027)
<br />prepared and certified for the SP2 zoning district. Environmental Review No.
<br />202152 will be filed for the project.
<br />Recommended Action: Adopt a resolution approving Tentative Tract Map No.
<br />202201 (County Map No. 19142) as conditioned.
<br />Minutes: Recording Secretary stated that written communications was received.
<br />Chair Morrissey opened the Public Hearing. The applicant spoke in favor of the
<br />matter.
<br />Ed, Teresa and Florencio spoke against the matter concerning parking and the
<br />garages being turned into apartments/homes.
<br />Moved by Commissioner Woo, seconded by Commissioner Morrissey to
<br />Approve.
<br />YES: 6 – Eric Alderete, Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri
<br />Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Bao Pham
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />6.Zoning Ordinance Amendment No. 202201 – Ali Pezeshkpour, Case
<br />Planner
<br />Project Location: Citywide
<br />Project Applicant: City of Santa Ana (Ali Pezeshkpour, Principal Planner)
<br />Proposed Project: The City of Santa Ana is proposing to repeal Article XII (Off
<br />Premise Commercial Advertising Signs) of Chapter 41 (Zoning) of the Santa Ana
<br />Municipal Code (SAMC) and adopt a new ordinance that would allow the
<br />construction of new digital billboards and reconstruction of existing billboards with
<br />digital displays, subject to certain location and development standards.
<br />Environmental Impact: A Mitigated Negative Declaration (MND) including one
<br />technical study evaluating air quality and greenhouse gas, was prepared for the
<br />project. No areas of significance or unavoidable impacts were determined to
<br />occur from the construction or operation of the proposed project with the
<br />implementation of mitigation measures (Exhibit 1). The MND was available for
<br />public review and comment for 30 days as required by CEQA between March 7
<br />and April 6, 2022. One comment was received from the City of Orange. Written
<br />responses to the comments were prepared and incorporated into the
<br />environmental document.
<br />The project requires adoption of a Mitigation Monitoring and Reporting Program
<br />(MMRP), which will reduce all identified impacts to less than significant with
<br />implementation of the MMRP. Based on the environmental checklist form
<br />completed for the proposed project and supporting environmental analysis, the
<br />project would have no impact or a less than significant impact on the following
<br />environmental issue areas: Aesthetics, Agriculture and Forestry Resources, Air
<br />Quality, Biological Resources, Energy, Greenhouse Gas Emissions, Hydrology
<br />and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population
<br />and Housing, Public Services, Recreation, Transportation, Utilities and Service
<br />Systems, and Wildfire. The proposed project’s impacts on the following issue
<br />areas would be less than significant with the implementation of mitigation: Cultural
<br />Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural
<br />Resources. All impacts would be less than significant after mitigation.
<br />Recommended Action: Recommend that the City Council approve and adopt
<br />Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
<br />Environmental Review No. 202219 Recommend that the City Council adopt an
<br />ordinance approving Zoning Ordinance Amendment (ZOA) No. 202201 to repeal
<br />Article XII of Chapter 41 of the Santa Ana Municipal Code and adopt a new off
<br />premise commercial advertising signs (billboards) ordinance, and to modify
<br />thresholds for development project plan approvals for billboards.
<br />Minutes: Chair Morrissey opened the Public Hearing.
<br />Scott King spoke in favor of the matter. There were no other speakers and the
<br />Public Hearing was closed.
<br />Commissioner Ramos asked that an amendment be made, that incentives be
<br />added to hire local residents by the companies building the Billboards.
<br />Moved by Commissioner Woo, seconded by Commissioner McLoughlin to
<br />Approve.
<br />YES: 6 – Eric Alderete, Miguel Calderon, Mark McLoughlin, Tom Morrissey, Isuri
<br />Ramos, Alan Woo
<br />NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Bao Pham
<br />Status: 6 – 0 – 0 – 1 – Pass
<br />Administrative Matters
<br />*End of Business Calendar*
<br />STAFF COMMENTS
<br />COMMISSIONER COMMENTS
<br />ADJOURNMENT
<br />The next meeting of the Planning Commission will be on May 09, 2022 at 5:30 PM in the
<br />Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
<br />Minutes: Commissioner McLoughlin asked to adjourn the meeting in honor of Micheal
<br />Marces local and long time Santa Ana florist.
<br />FUTURE AGENDA ITEMS
<br />APPEAL INFORMATION
<br />The formal action by the Planning Commission shall become effective after the tenday
<br />appeal period, unless the City Council in compliance with section 41643, 41644 or 41645
<br />holds a public hearing on the matter, then the formal action will become effective on the day
<br />following the hearing and decision by the City Council. An appeal from the decision or
<br />requirement of the Planning Commission may be made by any interested party, individual, or
<br />group. The appeal must be filed with the Clerk of the Council, accompanied by the required
<br />filing fee, and a copy sent to the Planning Department, within ten days of the date of the
<br />Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed
<br />holiday or a day when City hall is closed, the final day to appeal shall be extended to the next
<br />day City Hall is open for public business. Please note: Under California Government Code
<br />Sec. 65009, if you challenge in court any of the matters on this agenda for which a public
<br />hearing is to be conducted, you may be limited to raising only those issues which you (or
<br />someone else) raised orally at the public hearing or in written correspondence received by
<br />the Planning Commission or City Council at or before the hearing.
<br />MEETING INFORMATION
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<br />Submit a written comment
<br />You are invited to submit a written comment in one of the following ways:
<br />Email PBAecomments@santaana.org and reference the topic in the subject line.
<br />Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center
<br />Plaza – M20, Santa Ana, CA 92701.
<br />Deadline to submit written comments is 4:00 p.m. on the day of the
<br />meeting.Comments received after the deadline may not be distributed to the
<br />Commission but will be made part of the record.
<br />1 Planning Commission
<br />4/25/2022
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