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Home My WebLink About01-28-19 PC Minutes1 PLANNING COMMISSION MINUTES January 28, 2019 REVISED 2/11/2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA January 28, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair ANGIE CANO KENNETH NGUYEN LYNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE DAVID BENAVIDES STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): Dalve Helvig: Thanked commission for recommending that City Council deny the project proposed at 2525 N. Main Street. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items: A-B. *Items highlighted in yellow were pulled for separate action. A. MINUTES FROM THE REGULAR MEETING OF JANUARY 28, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Verino VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) 2 PLANNING COMMISSION MINUTES January 28, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Alderete and Benavides MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. TENTATIVE PARCEL MAP NO. 2018-03 AND SPECIAL USE PERMIT NO. 2018-01 TO ALLOW THE SUBDIVISION OF AN EXISTING 9.98-ACRE PARCEL INTO SIX AIR-RIGHT CONDOMINIUM UNITS LOCATED AT 1920 E. DEERE AVENUE – LUKE CORSBIE, APPLICANT. Pursuant to the California Environment Act (CEQA), the project is categorically exempt per Section 15301 of the CEQA guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Case Planner Ivan Orozco 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: 3 PLANNING COMMISSION MINUTES January 28, 2019 1. Adopt a resolution approving Tentative Parcel Map No. 2018-03 (County Map 2017- 155), as conditioned. 2. Adopt resolution approving Special Use Permit No. 2018-01, as conditioned. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 2. CONDITIONAL USE PERMIT NO. 2018-25 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-02 TO ALLOW AFTER-HOURS OPERATION AT JUGOS ACAPULCO WITH WINGS RESTAURANT LOCATED AT 307 E. FIRST STREET, UNITS 1-A, 1-B AND 1-C – CONCUELO ARREDONDO, APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15301 of the CEQA Guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Chair McLoughlin disclosed that Jill Wallace contacted him regarding the matter. Case Planner Jerry Guevara provided a presentation which included a description of the project, project background and project analysis. Commission discussion ensued regarding on premise security, site plan, outdoor patio, homeless persons in the surrounding area, hours of operation, and hours for sale of alcoholic beverages. The applicant spoke in support of the matter and addressed concerns regarding security and operation plan for the selling of alcoholic beverages. Written communication in support of the matter was received by the following individuals: • Rose Ann Kings • Chris Williams Written communication in opposition of the matter was received by the following individuals: • Michael Gailings • Javier Saenz Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. 4 PLANNING COMMISSION MINUTES January 28, 2019 Commissioner Nguyen motioned to approve the matter as recommended by staff; it was seconded by Commissioner Cano. Commissioner Verino expressed concern with the sale of alcohol, security, and outdoor patio furniture. Following discussion, Commissioner Verino moved to amend the original motion. Commissioner Nguyen accepted the amendment. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-25 and Conditional Use Permit No. 2019-02 as conditioned, with the following added conditions: limit the sale, service and consumption of alcohol from 11:00 a.m. to 9:00 p.m.; require an on- premise security guard during the sale, service and consumption of alcohol; and require outdoor furniture to be removed from the patio during non- business hours. MOTION: Nguyen SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 3. CONDITIONAL USE PERMIT NO. 2019-26 TO ALLOW A DRIVE-THROUGH LANE AND VARIANCE NO. 2018-12 TO ALLOW A REDUCTION IN REQUIRED STREET-SIDE SETBACKS AND A DRIVEWAY WITHIN 150 FEET OF A STREET INTERSECTION FOR A NEW RESTAURANT BUILDING LOCATED AT 2701 NORTH GRAND AVENUE– AMIR HOURIANI, APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is categorically exempt per Section 15303 of the CEQA Guidelines – Class 3/urban infill. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Case Planner Ali Pezeshkpour provided a presentation which included a description of the project, project background and project analysis. The applicant spoke in support of the matter. Chairperson McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2018-26 as conditioned to allow drive-through window service; and 5 PLANNING COMMISSION MINUTES January 28, 2019 2. Adopt a resolution approving Variance No. 2018-12 as conditioned to allow for: a. A reduction in required landscape setbacks; and b. Utilization of two existing driveways within 150 feet of a street intersection. MOTION: Nguyen SECOND: Verino VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) 4. CONDITIONAL USE PERMIT NO. 2019-01 TO ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY, 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE, AND MINOR EXCEPTION NO. 2019-01 TO ALLOW THE TWO-STORY COMMUNITY SERVICE BUILDING TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 27 FEET BY 5 FEET, 5 INCHES, FOR A TOTAL HEIGHT OF 32 FEET 5 INCHES. THE PROJECT ALSO INCLUDES DEMOLITION OF FIVE EXISTING SINGLE-FAMILY HOMES AND CONSOLIDATION OF THE LOTS INTO ONE PARCEL – MARIAM SOLIMAN APPLICANT Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15332 of the CEQA Guidelines - Class 32 In-Fill Development Projects. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. Case Planner Selena Kelaher provided a presentation which included a description of the project, project background and project analysis. Commission discussion ensued regarding site access, conditions of approval, parking, and neighborhood concerns. The applicant spoke in support of the matter. Reported that the current facility is in poor condition and the proposed project will greatly benefit the congregation. Also reported that Church has been working with neighborhood to address concerns regarding parking. Written communication in support of the matter was received by the following individuals: • Martha Tadross • Atef Tadross • Joseph Qest & Mina Milad • Frank Hernandez • Mary Tadros • Gabriela V. Mattar • Sabri Rizkalla • Isis Tadros • Shery Assal • Raphaela Sefine • Maryam Antoun G. Kassab • Sameh Armanios • Remonda Morcos • Victo Armanios • Tu Nguyen 2 PLANNING COMMISSION MINUTES January 28, 2019 Written communication in opposition of the matter was received by the following individuals: • Patricia Wells • Royal & Julie Melcher • Debbie Zuver • Petra Vetter • Anh Truong Chair McLoughlin opened the Public Hearing. Those in support of the project indicated that the congregation currently gathers in the basement for bible study and other events. However, the basement is not ideal as there are no windows and it often floods. It was asserted that the proposed expansion will greatly benefit all members of the congregation by creating a proper setting for bible study, activities, and church events. The below individuals spoke in support of the matter. • Mark Moussa • Sam Armanios • John Saddik • Sara Selwanes • Daniel Hanna • Debbie Jarin Said • Mark Malek • Andrew Messiha • Patrick Ghobry • Joseph Girgis • Mark Fanous Those in opposition to the project expressed particular concern with the overflow parking into the adjacent neighborhood and increased traffic generated by the Church. Concern was also expressed regarding speeding, double parking, and project design (building mass and the concrete wall along the project site), littering, and noise. It was asserted that the Church has not been a good neighbor; it has not worked with the community to mitigate concerns and it does not maintain the church-owned property located in the neighborhood. Further, the proposed project will negatively affect the character of the neighborhood, The below individuals spoke in opposition of the matter. • Amy De La Fuente • Linda Becerra • Joan Todisco • Rolf Vetter • George Vetter • Irma Ramirez • Judy Stevenson • Debbie Zuver • Lorena Velarde Acuesta • Rose Velarde There were no other speakers and the Public Hearing was closed. The applicant spoke further in support of the matter and provided additional information regarding the Parking Management Plan and other measures taken by the Church to address neighborhood concerns. 2 PLANNING COMMISSION MINUTES January 28, 2019 Commission discussion ensued regarding the Church’s mitigation efforts regarding neighborhood concerns and the alleged conditional use permit violations regarding the use of sporting equipment in the parking lot area. The Commission generally agreed that it is in the best interest of both parties to attempt to work together to resolve the issues. The Commission generally agreed that the Church should work with the neighborhood residents to address the concerns. MOTION: Continue the matter for six months MOTION: McLoughlin SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Benavides (2) ***END OF BUSINESS CALENDAR*** COMMENTS 5. STAFF COMMENTS: Executive Director Thai reviewed the memorandum provided to the Commission regarding Subcommittees and Work Study Sessions. 6. COMMISSION MEMBER COMMENTS Commissioner Nguyen • Encouraged everyone to attend the TET Festival in Little Saigon. 8:33 P.M. ADJOURNMENT –The next regular meeting is scheduled for Monday, February 11, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary