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Home My WebLink About05-14-18 PC Minutes1 PLANNING COMMISSION MINUTES May 14, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA May 14, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: PHIL BACERRA MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney IVAN OROZCO, Case Planner JERRY GUEVARA, Case Planner ESCARLET MAR, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE MENDOZA Chair McLoughlin announced Commissioner Alderete would no longer be participating in the meeting via telephone conference. PUBLIC COMMENTS (on non-agenda items)  Dale Helvig spoke in opposition to the proposed project located at 2525 North Main Street; opined that project is incompatible with the area. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. Items highlighted yellow were pulled for separate action. A. MINUTES FROM THE REGULAR MEETING OF APRIL 23, 2018 2 PLANNING COMMISSION MINUTES May 14, 2018 MOTION: Approve Minutes as amended. MOTION: Nguyen SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: Alderete. MOTION: Nguyen SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT NO. 2017-02 TO ALLOW THE CONSTRUCTION OF A 552-UNIT MIXED-USE AFFORDABLE RESIDENTIAL COMMUNITY WITH 10,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 2110 AND 2114 EAST FIRST STREET Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Staff requested the matter be continued to a date specified. MOTION: Continue the matter to a meeting scheduled on May 21, 2018. MOTION: Bacerra SECOND: Mendoza VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) 3 PLANNING COMMISSION MINUTES May 14, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 2. CONDITIONAL USE PERMIT NO. 2017-34 AND 2017-35 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AND THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION AT MAIN SPORTS GRILL LOCATED AT 2531 SOUTH MAIN STREET Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Discussion ensued regarding an entertainment permit, community outreach, chronology of events and outdoor activities. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. Commissioner Bacerra and Commissioner Mendoza indicated that they would not be able to support the matter because the applicant had operated without proper permits. MOTION: 1. Adopt a resolution denying Conditional Use Permit No. 2017-34 to allow after- hours operation until 2:00 a.m. 2. Adopt a resolution denying Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on-premise consumption. MOTION: Bacerra SECOND: Mendoza VOTE: AYES: Bacerra, Mendoza (2) NOES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) ABSTAIN: None (0) ABSENT: Alderete (1) *Vote was taken by roll call. Motion fails 2:4. 4 PLANNING COMMISSION MINUTES May 14, 2018 Further discussion ensued regarding the need for applicants to obtain proper permits before operating. Commission generally agreed that the applicant should be granted the conditional use permit with a condition that it be reviewed after six months. Commissioner Verino moved to approve staff’s recommended actions. Commissioner Nguyen introduced a friendly amendment to modify Condition No. 6 of the Conditions of Approval. Commissioner Verino accepted the amendment. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2017-34 to allow after- hours operation until 2:00 a.m. 2. Adopt a resolution approving Conditional Use Permit No. 2017 -35 to allow the sale of alcoholic beverages for on-premise consumption. With the following modification to Condition No. 6 of the Conditions of Approval: Conditional Use Permits Nos. 2017-34 and 2017-35 shall be reviewed after one year six months, at which time a memo shall be prepared for the Planning Commission detailing any and all code enforcement and/or Police Department activity on-site. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) NOES: Bacerra, Mendoza (2) ABSTAIN: None (0) ABSENT: Alderete (1) 3. CONDITIONAL USE PERMIT NO. 2018-07 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT A GUS’S WORLD FAMOUS FRIED CHICKEN PROPOSED AT 102 NORTH SYCAMORE STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Orozco provided a presentation which included a description of the project, project background and project analysis Discussion ensued regarding public access, modifications to the building, shared bathrooms, and operating hours. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. T here were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-07. 5 PLANNING COMMISSION MINUTES May 14, 2018 MOTION: Bacerra SECOND: Verino VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 4. CONDITIONAL USE PERMIT NO. 2018-08 TO ALLOW AN EXISTING 58-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2907 SOUTH CRODDY WAY. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis Discussion ensued regarding the Conditions of Approval. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018 -08 as conditioned. MOTION: Nguyen SECOND: Mendoza VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 5. CONDITIONAL USE PERMIT NO. 2018-09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT FURAIBO RESTAURANT LOCATED AT 3396 SOUTH BRISTOL STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Guevara provided a presentation which included a description of the project, project background and project analysis Discussion ensued regarding the operating hours and certificate of occupancy. The applicant spoke in support of the matter. 6 PLANNING COMMISSION MINUTES May 14, 2018 Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 6. CONDITIONAL USE PERMIT NO. 2018-10 TO ALLOW AN EXISTING 53-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2555 SOUTH MAIN STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) ***END OF BUSINESS CALENDAR*** COMMENTS 7. STAFF COMMENTS: None. 8. PLANNING COMMISSION MEMBER COMMENTS: All Commissioners welcomed new Executive Director, Minh Thai. Commissioner Bacerra 7 PLANNING COMMISSION MINUTES May 14, 2018 Requested an update on the Mental Health Association. o Staff indicated that there is a pending code enforcement case; will provide an updated once the case is closed. Commissioner Contreras-Leo Happy belated Mother’s Day Commissioner Mendoza Happy belated Mother’s Day Asked if businesses are required to submit new floor plans. o Staff indicated that new plans are only required if site has been modified or vacant for more than six months. ADJOURNED – 6:52 P.M. - The next meeting of the Planning Commission is scheduled for Monday, May 21, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary