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HomeMy WebLinkAboutA - 09-09-19_ Minutes1 PLANNING COMMISSION MINUTES September 9, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 9, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair FELIX RIVERA COMMISSIONERS Absent: KENNETH NGUYEN PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director LISA STORCK, Assistant City Attorney VINCE FREGOSO, Interim Planning Manager SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF AUGUST 26, 2019 MOTION: Approve Minutes. MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Nguyen A-1 2 PLANNING COMMISSION MINUTES September 9, 2019 MOTION: Cano SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING *Item No. 1 moved towards the end of the business calendar 2. CONDITIONAL USE PERMIT NO. 2019-29 — Case Planner, Fernanda Arias Location: I Can Barbeque Restaurant, 414 West Fourth Street in the Specific Development No. 84 (SD-84) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 41 (On Sale Beer & Wine - Eating Place) Alcoholic Beverage Control (ABC) License for the sale of beer and wine for on-premises consumption at a new restaurant. Case Planner Arias provided a staff presentation. Commission inquired about the number of establishments with ABC licenses in the vicinity. 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. 2019-29 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT I CAN BARBECUE RESTAURANT LOCATED AT 414 WEST FOURTH STREET MOTION: Cano SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) A-2 3 PLANNING COMMISSION MINUTES September 9, 2019 3. CONDITIONAL USE PERMIT NO. 2019-30, CONDITIONAL USE PERMIT NO. 2019-31, VARIANCE NO. 2018-10 — Case Planner, Selena Kelaher Location: 301 North Tustin Avenue and 325 North Tustin Avenue in the General Commercial (C2) zone. Request: The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with a 3,040 sq. ft. convenience store and new automated car wash. The applicant is requesting approval of (1) a conditional use permit to allow a car wash, (2) a conditional use permit to allow a convenience store to operate 24 hours a day and (3) an amendment to a variance to allow a reduction in the minimum yard standard. Case Planner Kelaher provided a staff presentation. Commission discussion ensued regarding the site’s access point and the applicant’s previous project proposal. The following submitted written comment in support of the matter. Charles Powers The following submitted written comment in opposition to the matter. 1. Leo Kim 2. Yoon Choe 3. William & Karina Conklin Chair McLoughlin opened the Public Hearing. The applicant, Chase Rusell, spoke in support of the matter. The below individuals oppose the matter. Those in opposition expressed concern with vibration, noise, negative economic impact on surrounding businesses, CEQA exemptions, findings of fact in the resolution, and asserted that insufficient noticing was provided to conduct proper research. It was also brought to attention that the applicant had previously requested a zone change at this site for a restaurant, not a car wash. 1. Yoon Choe 2. Kara Grant, representing William & Karina Conklin 3. Ronald Jones The applicant was provided the opportunity to address community concerns. Indicated that for financial reasons, a carwash was more suitable than a restaurant. There were no other speakers and the Public Hearing was closed. Commission discussion ensued regarding hours of operation and noise standards. A-3 4 PLANNING COMMISSION MINUTES September 9, 2019 MOTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018 - 10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE; and c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE MOTION: Rivera SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 4. CONDITIONAL USE PERMIT NO. 2019-23 — Jerry Guevara, Case Planner Location: 1825 East Newport Circle in the Light Industrial (M1) zone. Request: The applicant is requesting approval of a conditional use permit to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-palm. Case Planner Guevara provided a staff presentation. Chair McLoughlin opened the Public Hearing. The applicant, Alex Lew, spoke in support of the matter. There were no other speakers and the Public Hearing was closed. A-4 5 PLANNING COMMISSION MINUTES September 9, 2019 MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-23 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60 -FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1825 EAST NEWPORT CIRCLE MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 5. CONDITIONAL USE PERMIT NO. 2019-24 — Vince Fregoso, Case Planner Location: Wine Exchange, 1544 East Warner Avenue in the Specific Development 8 (SD- 8) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for the sa le of beer, wine and distilled spirit for consumption off the premises, and a Type 42 (On Sale Beer & Wine - Public Premises) ABC license for the sale of beer and wine for on -premise consumption at an existing establishment. In addition, the applicant is requesting a Public Convenience and Necessity (PCN) Letter due to an overconcentration of licenses in the census tract. Case Planner Fregoso provided a staff presentation. Commission discussion ensued regarding parking and hours of operation. Chair McLoughlin opened the Public Hearing. The applicant, Michael Cho, spoke in support of the matter. There were no other 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. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1544 EAST WARNER AVENUE MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) A-5 6 PLANNING COMMISSION MINUTES September 9, 2019 ABSENT: Nguyen (1) 6. CONDITIONAL USE PERMIT NO. 2019-25 — Jerry Guevara, Case Planner Location: Eco Town, 3309 South Bristol Street, Unit B in the Community Commercial (C1) zone. Request: The applicant is requesting approval of a conditional use permit to establish a second-hand store. Case Planner Guevara provided a staff presentation. Commission inquired about the second-hand retailer permit process. Chair McLoughlin opened the Public Hearing. The applicant, Akihiki Sasaki, spoke in support of the matter. There were no other 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. 2019-25 AS CONDITIONED TO ESTABLISH A SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL STREET, UNIT B MOTION: Cano SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 1. CONDITIONAL USE PERMIT NO. 2019-01 — Case Planner, Selena Kelaher LOCATION: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in the Single-Family Residential (R-1) zone. REQUEST: The applicant is requesting approval of (1) a conditional use permit to expand the existing parking lot, add additional seating within the existing facility, and demolish five single-family dwellings to construct a new two-story 9,998 sq. ft. community service building, and (2) a minor exception to allow the height of the new two -story community service building to exceed the maximum building height standard. Case Planner Kelaher provided a staff presentation. Commission discussion ensued regarding the number of complaints received, security, parking requirements, mitigation measures taken to address neighborhood complaints concerning parking, and the parking management plan. Staff stated that the conditions of approval require the applicant to submit A-6 7 PLANNING COMMISSION MINUTES September 9, 2019 a parking management plan prior to the issuance of a certificate of occupancy. Commission requested the parking management plan be submitted for their review. The following submitted written comments in support of the matter. 1. Sameh Armanios 2. Victor Armanios 3. Shery Assal 4. Frank Hernandez 5. Maryam Antoun G.Kassab 6. Gabriela Mattar 7. Mina Milad 8. Remonda Morcos 9. Tu Nguyen 10. Joseph Qest 11. George/Kathy Reis 12. Sabri Rizkalla 13. Raphaela Sefine 14. Isis Tadros 15. Mary Tadros 16. Atef Tadross 17. Martha Tadross The following individuals submitted written comments in opposition to the matter. 1. Andrea Cole 2. Charlie/Pam Ly 3. Karyn Negrete 4. Ashely Richards 5. Joan Todisco 6. Lorena Velarde 7. Rosie Velarde 8. George Vetter 9. Petra Vetter 10. Patty Young The following submitted written comment in opposition after the established deadline. 1. Earl Nickels 2. Thomas Fiedling 3. Cory Nguyen 4. Rolf Vetter (petition) Chair McLoughlin opened the Public Hearing. The applicant, Mariam Soliman, spoke in support and specified the mitigation measures the Church has taken to deter parishioners from parking in the adjacent neighborhood. The below individuals support the matter. Those in support indicated that they have shown a good faith effort to address neighborhood concerns, project meets City parking requirements, the traffic study has confirmed the project will have minimal impacts on traffic and parking, and the project will benefit both parishioners and the community. 1. Father Felimon Mikhail, 2. Greorge Ragheb 3. Mark Moussa 4. Jacob Sampson 5. Youhanna Ibrahim 6. Bill Lawson 7. DeGeorge Rackie 8. Monica Youseff 9. Bassem Barsoum The below individuals oppose the matter. Those in opposition expressed concern with overflow parking into the adjacent neighborhood, increased traffic, public safety, noise, and A-7 2 PLANNING COMMISSION MINUTES September 9, 2019 the need to preserve the neighborhood. It was also asserted that the Church has not b een a good neighbor and does not maintain church-owned property. 1. Linda Bacerra 2. Anh Truong 3. Patricia Wells 4. David Hoxie (also read aloud letter submitted electronically by Joan Todisco) 5. Amy Fuente (provided video presentation) 6. Karyn Negrete 7. Art Jimenez 8. George Vetter 9. Rolf Vetter 10. Judy Stevenson 11. Debbie Zuver 12. Patricia Young 13. Ronald Jones 14. Patrick Ghobry The applicant and representatives were provided the opportunity to address comments regarding building usage, parking, mitigation measures, and parking management plan. There were no other speakers and the Public Hearing was closed. Assistant City Attorney Lisa Storck advised Commission of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and its provisions. Commission discussion ensued regarding neighborhood concerns. It was agreed that a parking management plan should be submitted fo r review before a decision is rendered. MOTION: Continue the matter until September 23, 2019. MOTION: McLoughlin SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) 5. ZONING ORDINANCE AMENDMENT NO. 2019-04— Jerry Guevara, Case Planner Location: Citywide Request: The City of Santa Ana is requesting approval of a zoning ordinance amendment to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting cyber cafés as a permitted use citywide. Case Planner Guevara provided a staff presentation. Commission inquired about the implementation timeline and the number of legal non-conforming existing establishments. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. A-8 2 PLANNING COMMISSION MINUTES September 9, 2019 MOTIONS: Recommend that the City Council adopt an ordinance. AN ORDINANCE – OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41 -45, 41-198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFÉS AS A PERMITTED USE CITYWIDE MOTION: Contreras- Leo SECOND: Cano VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) ***END OF BUSINESS CALENDAR * * * COMMENTS 6. STAFF COMMENTS  Executive Director Thai announced that Vince Fregoso is the Interim Planning Manager. 7. COMMISSION MEMBER COMMENTS  Vice Chair Contreras-Leo thanked staff  Commissioner Cano thanked staff and congratulated Vince Fregoso.  Chair McLoughlin thanked staff and congratulated Vince Fregoso. MEETING ADJOURNED IN HONOR OF PAT McGUIGAN 9:13 P.M. ADJOURNMENT –The next regular meeting will be held on September 23, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-9 This page left blank intentionally.