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Home My WebLink About03-25-19 PC Minutes 1 PLANNING COMMISSION MINUTES March 25, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA March 25, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:39 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE DAVID BENAVIDES ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN FELIX RIVERA (arrived at 5:41 p.m.) COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager VINCE FREGOSO, Principal Planner LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CERTIFICATE OF RECOGNITION A certificate of recognition was presented to former Planning Commissioner Lynnette Verino. CONSENT CALENDAR A. MINUTES FROM THE ADJOURNED REGULAR MEETING OF FEBRUARY 28, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Benavides 2 PLANNING COMMISSION MINUTES March 25, 2019 VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) B. MINUTES FROM THE REGULAR MEETING OF MARCH 11, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Cano VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. ZONING ORDINANCE AMENDMENT NO. 2019-02 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE AND ESTABLISH REGULATIONS TO ADDRESS GROUP LIVING FACILITIES CITYWIDE {STRATEGIC PLAN NO. 3, 2; 5, 3}. Jerry Guevara, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is exempt pursuant to CEQA Guidelines Section 15061(b)(3) - No Significant Effect on the Environment. Legal noticed published in the Orange County Register on March 15, 2019. Staff requested the matter be continued to a later date. MOTION : Continue the matter until April 8, 2019. MOTION: Contreras- Leo SECOND: Benavides 3 PLANNING COMMISSION MINUTES March 25, 2019 VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. MITIGATED NEGATIVE DECLARATION NO. 2015-14, GENERAL PLAN AMENDMENT NO. 2017-03, TRACT MAP NO. 2017-04, AND VARIANCE NO. 2017-10 TO ALLOW THE CONSTRUCTION OF 18 RESIDENTIAL TOWNHOMES LOCATED AT 3025 WEST EDINGER AVENUE IN THE LOW DENSITY RESIDENTIAL (LR-7) ZONING DISTRICT – HAPHAN GROUP INC. AND THE CITY OF SANTA ANA, APPLICANTS {STRATEGIC PLAN NO. 3, 2}. Selena Kelaher, Case Planner. In accordance with the California Quality Environmental A ct (CEQA), a Mitigated Negative Declaration (MND) Environmental Review No. 2015-14 was prepared for the project to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of a mitigation measure for noise. Legal noticed published in the Orange County Reporter on March 15, 2019 and notices mailed on March 15, 2019. Staff requested the matter be continued to a later date. MOTION: Continue the matter until April 8, 2019. MOTION: Benavides SECOND: Nguyen VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. CONDITIONAL USE PERMIT NO. 2019-05 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-PREMISE CONSUMPTION AT A NEW EATING ESTABLISHMENT LOCATED AT 1302 EAST 17TH STREET, UNIT D IN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT – FAR WEST RESTAURANT GROUP, LLC REPRESENTING WINGSTOP RESTAURANT, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Pedro Gomez, Case Planner. 4 PLANNING COMMISSION MINUTES March 25, 2019 In accordance with the California Quality Environmental Act (CEQA), the proposed project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) - No Significant Effect on the Environment. Categorical Exemption ER No. 2019 -06 will be filed for this project. Legal noticed published in the Orange County Reporter on March 1, 2019 and notices mailed on March 1, 2019. Matter was continued from the March 11, 2019 meeting by a vote of 6:0 (Cano absen t). Case Planner Gomez provided a recap of the presentation that was provided at the meeting on March 11, 2019. Explained that a modification to Condition No. 5 was made to the conditions of approval; condition now references property owner, not tenant; the applicant has agreed to the modification. One letter in opposition was received on March 11, 2019 from the following individual:  S. Ali Surti Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-05 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT WINGSTOP RESTAURANT LOCATED AT 1302 EAST SEVENTEENTH STREET, UNIT D MOTION: Rivera SECOND: Contreras-Leo VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 4. CONDITIONAL USE PERMIT NO. 2019-09 TO ALLOW THE EXPANSION OF THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION (BEER AND WINE) FROM A TENANT SUITE LOCATED AT 324 WEST FOURTH STREET, UNIT A TO AN EXISTING RESTAURANT AT AN ADJACENT TENANT SUITE LOCA TED AT 324 WEST FOURTH STREET, UNIT B IN THE SPECIFIC DEVELOPMENT 84 ZONING DISTRICT – SANTA ANA CONTEMPORARY MEXICAN CAFETERIA CORPORATION REPRESENTING CAFÉ CULTURA RESTAURANT, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Pedro Gomez, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) - No Significant 5 PLANNING COMMISSION MINUTES March 25, 2019 Effect on the Environment. Categorical Exemption ER No. 2019 -19 will be filed for this project. Legal noticed published in the Orange County Reporter on March 15, 2019 and notices mailed on March 15, 2019. Case Planner Gomez provided a staff report which included a project description, project background and project analysis. Commission discussion ensued regarding Unit A’s after-hours operation permit; number of alcohol permits in the surrounding area, security, and after -hours operation. Commission expressed concern with the current after-hours operation permit as it is still valid until December 31, 2019. Staff advised that the Commission has authority to void the after-hours permit as part of the conditions of approval. The applicant indicated he was willing to accept the condition as he does not plan to operate after-hours. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. Commissioner Benavides moved to approve the action as recommended by staff. Commissioner Cano introduced a modification and it was accepted by Commissioner Benavides. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-09 AS CONDITIONED TO EXPAND THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CAFÉ CULTURA LOCATED AT 324 WEST FOURTH STREET, UNITS A AND B with the following modification to No. 5 of the conditions of approval: Conditional Use Permit No. 2013-51 for after-hours operation for 324 West Fourth Street, Unit A, approved on January 13, 2014, through Resolution No. 2014-03 will not be used and shall be become null and void as of December 31, 2019 March 25, 2019. MOTION: Benavides SECOND: Nguyen VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ***END OF BUSINESS CALENDAR*** 6 PLANNING COMMISSION MINUTES March 25, 2019 5. REVIEW AND DISCUSS TRANSIT ZONING CODE (TZC) AMENDMENTS TO FACILITATE MIXED-USE DEVELOPMENTS– Ali Pezeshkpour, Selena Kelaher and Pedro Gomez, Case Planners. A presentation was provided which included information on the following:  Transit Zoning Code Background  Recent Projects  Pending Projects  Proposed Amendments  Building Height  Parking  Setbacks and Massing  Sub-zone Boundaries  Minor Development Standards  Typographical Errors Discussion ensued regarding height and building type, required parking, massing, setbacks, and Floor Area Ratio (FAR). COMMENTS 6. STAFF COMMENTS:  Planning Manager Neal announced that Case Planner Pedro Gomez was promoted to Associate Planner. 7. COMMISSION MEMBER COMMENTS:  Commissioner Nguyen: Inquired about the Vietnamese translation for the General Plan survey.  Commissioner Benavides: Thanked staff for work.  Chair McLoughlin: Thanked staff for work. Explained that he will be announcing the 10-day appeal period more frequently during meetings. Inquired about the maintenance agreement that is listed in the conditions of approval; staff indicating they are still reviewing the matter. 6:51 P.M. ADJOURNMENT – The next meeting will be held on April 8, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary