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Home My WebLink About08-10-20_Minutes1 PLANNING COMMISSION MINUTES August 10, 2020 ACTION MINUTES OF THE REGULAR MEETING OF THE SANTA ANA PLANNING COMMISSION AUGUST 10, 2020 CALLED TO ORDER VIRTUAL MEETING CITY HALL, ROSS ANNEX 20 CIVIC CENTER PLAZA, ROOM 1600 SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: CYNTHIA CONTRERAS-LEO, Vice Chair NORMA GARCIA MARK MCLOUGHLIN, Chair KENNETH NGUYEN THOMAS MORRISSEY V. THAI PHAN FELIX RIVERA COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, Planning Manager LISA STORCK, Assistant City Attorney ALI PEZESHKPOUR, Senior Planner IVAN OROZCO, Assistant Planner KATHY KHANG, Assistant Planner FERNANDA ARIAS, Planning Assistant SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR ITEMS *All votes were taken by roll call. A. MINUTES FROM THE JULY 27, 2020 REGULAR MEETING MOTION: Approve the minutes. MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Contreras-Leo, Garcia McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) 2 PLANNING COMMISSION MINUTES August 10, 2020 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUSINESS CALENDAR PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2020-14 – Fernanda Arias, Case Planner. LOCATION: 104 East Fourth Street located in the Specific Development No. 84 (SD-84) zoning district. REQUEST: The applicant is requesting approval of a conditional use permit to allow an existing restaurant with an existing on-premises Alcoholic Beverage Control (ABC) license to remain open until 2:00 a.m. and sell alcoholic beverages until 2:00 a.m., seven days per week. Case Planner Arias provided a staff presentation. Commission discussion ensued regarding neighboring businesses, proximity to residential, noise, live entertainment, enforcement of conditions of approval, and the maintenance agreement. Recording Secretary provided a summary report of correspondence received. Chair McLoughlin opened the Public Hearing. The applicant spoke in support. There were no other speakers and the Public Hearing was closed. A motion to approve the matter was made by Commissioner Nguyen and seconded by Commissioner Contreras-Leo. Members of the commission pointed out that a multi-family residential building in close proximity to this project will be constructed in the near future and expressed concern with the possibility of noise complaints. After extensive discussion, a friendly amendment was made and accepted to add the following condition: Six months subsequent to the first occupancy of 114 East Fifth Street multi-family residential building, the Planning Division will check-in with the applicant to ensure there are no noise complaints from residents. MOTION: Adopt Resolution No. 2020-24 as amended. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-14 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE EL RINCON MEXICANO RESTAURANT LOCATED AT 104 EAST FOURTH STREET MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) 3 PLANNING COMMISSION MINUTES August 10, 2020 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NO. 2020-16 – Kathy Khang, Case Planner. LOCATION: 1641 East Saint Andrew Place located in the Specific Development No. 69 (SD-69) zoning district. 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 sale of beer, wine and distilled spirits for off-premises consumption at a new establishment. In addition, the proposed ancillary uses include a warehousing component that will be through a Type 14 (Public Warehouse) ABC license, with instructional seminar tastings that will be through a Type 86 (Instructional Tasting) ABC license. In conjunction with the request, the applicant is also requesting a Public Convenience and Necessity (PCN) Letter due to an overconcentration of licenses in the census tract. Case Planner Khang provided a staff presentation. Commission discussion ensued regarding the hours of operation. Recording Secretary provided a summary report of correspondence received. Chair McLoughlin opened the Public Hearing. The applicant spoke in support and answered questions regarding business operations. There were no other speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2020-25. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-16 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITH ANCILLARY WAREHOUSING AND INSTRUCTIONAL SEMINAR TASTINGS AT A NEW ESTABLISHMENT LOCATED AT 1641 EAST SAINT ANDREW PLACE. MOTION: Phan SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 4 PLANNING COMMISSION MINUTES August 10, 2020 3. CONDITIONAL USE PERMIT NO. 2020-20 – Ivan Orozco, Case Planner. LOCATION: 2100 South Fairview Street located in the Light Industrial (M-1) zoning district. REQUEST: The applicant is requesting approval of a conditional use permit to renew the entitlements of an existing 65-foot high major wireless communications facility disguised as a mono-pine. Case Planner Orozco provided staff presentation. Discussion ensued regarding painting the antennas to match the color of the surrounding pine trees; the applicant indicated they would be willing to do so. Recording Secretary reported that no written correspondence was received. Chair McLoughlin opened the Public Hearing. The applicant spoke in support of the matter. There were no other speakers and the Public Hearing was closed. Discussion ensued regarding deteriorating stealth branches. Staff confirmed that there is an existing condition to address this concern. Commissioner Morrissey moved to approve the item with the following condition: Staff is to inspect the facility to verify compliance with conditions for replacement and painting of antennas six months after the date of approval. MOTION: Morrissey SECOND: Nguyen VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Adopt Resolution No. 2020-26 as amended. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-20 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 65-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2100 SOUTH FAIRVIEW STREET. ADMINISTRATIVE MATTERS 4. DISCUSSION ON THE PLANNING DIVISION’S PUBLIC NOTICING PROCEDURES Planning Manager Fregoso provided a presentation which included the following: • State Mandated Noticing Requirements • City Mandated Noticing Requirements. 5 PLANNING COMMISSION MINUTES August 10, 2020 Discussion ensued regarding notices in alternative languages and offered suggestions on how to broaden public outreach. The following individual provided a general comment on the matter: • Dale Helvig 5. ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2020-2021 TERM a) MOTION: Elect Mark McLoughlin as Chairperson for the 2020-2021 term. MOTION: Phan SECOND: Nguyen VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) b) MOTION: Elect Cynthia Contreras-Leo as Vice Chairperson for the 2020-2021 term. MOTION: Garcia SECOND: Rivera VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) c) MOTION: Appoint Felix Rivera as the representative from the Planning Commission to the Historic Resources Commission for the 2020-2021 term. MOTION: McLoughlin SECOND: Phan VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6 PLANNING COMMISSION MINUTES August 10, 2020 ***END OF BUSINESS CALENDAR*** COMMENTS 6.STAFF COMMENTS: •Executive Director Thai: Reported that the General Plan EIR / Draft Elements has been released for public review. Congratulated Chair McLoughlin and Vice Chair Contreras-Leo on election. 7.COMMISSION MEMBER COMMENTS: •Commissioners Garcia, Morrissey, Nguyen, Phan and Rivera thanked staff and congratulated the Chair and Vice Chair on re-election. •Chair McLoughlin and Vice Chair Contreras-Leo thanked staff and thanked commissioners for re-election. 7:53 P.M. – The next regular meeting will be held on August 24, 2020 at 5:30 p.m. Sarah Bernal Recording Secretary