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Planning Commission Regular Meeting Agenda Packet VIRTUAL MEETING June 14, 2021 5:30 P.M. In light of COVD19, this meeting will be conducted in a virtual environment. There will be no inperson meeting location for the community to attend public meetings. Meetings will be held in virtual setting via Zoom. Join from your computer: https://zoom.us/j/96367229815 Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/live For detailed participation and commenting options, please review the instructions provided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title. MARK McLOUGHLIN Ward 4 Representative ERIC M. ALDERETE Citywide Representative BAO PHAM Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Ward 5 Representative THOMAS MORRISSEY Ward 6 Representative MinhThai Executive Director John Funk Legal Counsel Ali Pezeshkpour, AICP Principal Planner Sarah Bernal Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Mark McLoughlin, Chair Thomas Morrissey Eric M. Alderete Miguel Calderon Bao Pham Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Principal Planner Ali Pezeshkpour Recording Secretary Sarah Bernal ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS *Please click on the item to download the attachments.* a.Minutes Recommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. PUBLIC HEARING The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.* 1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2 (SP2) zoning district. Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing Oktagon Santa Ana, LLC. (Applicant and Property Owner). Proposed Project: The applicant is requesting approval of Variance No. 202101 to allow a 72 square feet projecting sign above the ground floor which exceeds the City’s maximum sign standards for sign height, copy, face, and placement. Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202136 will be filed for this project. Recommended Action: Adopt a resolution approving Variance No. 202101 as conditioned. COMMISSIONER COMMENTS STAFF COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion of South Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane · Work Study: Planning Commission Training · Work Study: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 1 Planning CommissionRegular Meeting Agenda PacketVIRTUAL MEETINGJune 14, 20215:30 P.M.In light of COVD19, this meeting will be conducted in a virtual environment.There will be no inperson meeting location for the community to attend public meetings.Meetings will be held in virtual setting via Zoom.Join from your computer: https://zoom.us/j/96367229815Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/liveFor detailed participation and commenting options, please review the instructionsprovided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title. MARK McLOUGHLIN Ward 4 Representative ERIC M. ALDERETE Citywide Representative BAO PHAM Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Ward 5 Representative THOMAS MORRISSEY Ward 6 Representative MinhThai Executive Director John Funk Legal Counsel Ali Pezeshkpour, AICP Principal Planner Sarah Bernal Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Mark McLoughlin, Chair Thomas Morrissey Eric M. Alderete Miguel Calderon Bao Pham Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Principal Planner Ali Pezeshkpour Recording Secretary Sarah Bernal ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS *Please click on the item to download the attachments.* a.Minutes Recommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. PUBLIC HEARING The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.* 1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2 (SP2) zoning district. Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing Oktagon Santa Ana, LLC. (Applicant and Property Owner). Proposed Project: The applicant is requesting approval of Variance No. 202101 to allow a 72 square feet projecting sign above the ground floor which exceeds the City’s maximum sign standards for sign height, copy, face, and placement. Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202136 will be filed for this project. Recommended Action: Adopt a resolution approving Variance No. 202101 as conditioned. COMMISSIONER COMMENTS STAFF COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion of South Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane · Work Study: Planning Commission Training · Work Study: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 2 Planning CommissionRegular Meeting Agenda PacketVIRTUAL MEETINGJune 14, 20215:30 P.M.In light of COVD19, this meeting will be conducted in a virtual environment.There will be no inperson meeting location for the community to attend public meetings.Meetings will be held in virtual setting via Zoom.Join from your computer: https://zoom.us/j/96367229815Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/liveFor detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details to the rightof the agenda title. MARK McLOUGHLINWard 4 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOWard 5 Representative THOMAS MORRISSEYWard 6 Representative MinhThai Executive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Mark McLoughlin, Chair Thomas Morrissey Eric M. Alderete Miguel Calderon Bao Pham Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Principal Planner Ali Pezeshkpour Recording Secretary Sarah Bernal ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS *Please click on the item to download the attachments.* a.Minutes Recommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. PUBLIC HEARING The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.* 1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2 (SP2) zoning district. Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing Oktagon Santa Ana, LLC. (Applicant and Property Owner). Proposed Project: The applicant is requesting approval of Variance No. 202101 to allow a 72 square feet projecting sign above the ground floor which exceeds the City’s maximum sign standards for sign height, copy, face, and placement. Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202136 will be filed for this project. Recommended Action: Adopt a resolution approving Variance No. 202101 as conditioned. COMMISSIONER COMMENTS STAFF COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion of South Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane · Work Study: Planning Commission Training · Work Study: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 3 Planning CommissionRegular Meeting Agenda PacketVIRTUAL MEETINGJune 14, 20215:30 P.M.In light of COVD19, this meeting will be conducted in a virtual environment.There will be no inperson meeting location for the community to attend public meetings.Meetings will be held in virtual setting via Zoom.Join from your computer: https://zoom.us/j/96367229815Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/liveFor detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details to the rightof the agenda title. MARK McLOUGHLINWard 4 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOWard 5 Representative THOMAS MORRISSEYWard 6 Representative MinhThai Executive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas MorrisseyEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMS*Please click on the item to download the attachments.*a.MinutesRecommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.PUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, TentativeTract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.* 1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2 (SP2) zoning district. Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing Oktagon Santa Ana, LLC. (Applicant and Property Owner). Proposed Project: The applicant is requesting approval of Variance No. 202101 to allow a 72 square feet projecting sign above the ground floor which exceeds the City’s maximum sign standards for sign height, copy, face, and placement. Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202136 will be filed for this project. Recommended Action: Adopt a resolution approving Variance No. 202101 as conditioned. COMMISSIONER COMMENTS STAFF COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion of South Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane · Work Study: Planning Commission Training · Work Study: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 4 Planning CommissionRegular Meeting Agenda PacketVIRTUAL MEETINGJune 14, 20215:30 P.M.In light of COVD19, this meeting will be conducted in a virtual environment.There will be no inperson meeting location for the community to attend public meetings.Meetings will be held in virtual setting via Zoom.Join from your computer: https://zoom.us/j/96367229815Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/liveFor detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details to the rightof the agenda title. MARK McLOUGHLINWard 4 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOWard 5 Representative THOMAS MORRISSEYWard 6 Representative MinhThai Executive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas MorrisseyEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMS*Please click on the item to download the attachments.*a.MinutesRecommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.PUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, TentativeTract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for moreinformation). The Planning Commission recommendation on Zoning and General Planamendments, Development Agreements, Specific Developments, and Specific Plans willbe forwarded to the City Council for final determination. Legal notice was published in theOC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.*1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2(SP2) zoning district.Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing OktagonSanta Ana, LLC. (Applicant and Property Owner).Proposed Project: The applicant is requesting approval of Variance No. 202101 toallow a 72 square feet projecting sign above the ground floor which exceeds the City’smaximum sign standards for sign height, copy, face, and placement.Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/ExistingFacilities. Notice of Exemption, Environmental Review No. 202136 will be filed for thisproject.Recommended Action: Adopt a resolution approving Variance No. 202101 asconditioned.COMMISSIONER COMMENTSSTAFF COMMENTSADJOURNMENTThe next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM.FUTURE AGENDA ITEMS· Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion ofSouth Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane· Work Study: Planning Commission Training· Work Study: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 5 Planning CommissionRegular Meeting Agenda PacketVIRTUAL MEETINGJune 14, 20215:30 P.M.In light of COVD19, this meeting will be conducted in a virtual environment.There will be no inperson meeting location for the community to attend public meetings.Meetings will be held in virtual setting via Zoom.Join from your computer: https://zoom.us/j/96367229815Join from your mobile phone via Zoom App. Meeting ID: 96367229815 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 96367229815 For viewing only: www.youtube.com/cityofsantaanavideos/liveFor detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details to the rightof the agenda title. MARK McLOUGHLINWard 4 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOWard 5 Representative THOMAS MORRISSEYWard 6 Representative MinhThai Executive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas MorrisseyEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMS*Please click on the item to download the attachments.*a.MinutesRecommended Action: Approve Minutes from the May 10, 2021 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.PUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, TentativeTract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for moreinformation). The Planning Commission recommendation on Zoning and General Planamendments, Development Agreements, Specific Developments, and Specific Plans willbe forwarded to the City Council for final determination. Legal notice was published in theOC Reporter on June 2 and notices were mailed on said date. *Please click on the item to download the attachments.*1.Variance No. 202101 – Gissel Enriquez, Case Planner Project Location: 3630 Westminster Avenue located in the Specific Plan No. 2(SP2) zoning district.Project Applicant: Aubrey Kelly with Sign Post Studio, LLC., representing OktagonSanta Ana, LLC. (Applicant and Property Owner).Proposed Project: The applicant is requesting approval of Variance No. 202101 toallow a 72 square feet projecting sign above the ground floor which exceeds the City’smaximum sign standards for sign height, copy, face, and placement.Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/ExistingFacilities. Notice of Exemption, Environmental Review No. 202136 will be filed for thisproject.Recommended Action: Adopt a resolution approving Variance No. 202101 asconditioned.COMMISSIONER COMMENTSSTAFF COMMENTSADJOURNMENTThe next virtual meeting of the Planning Commission will be on June 28, 2021 at 5:30 PM.FUTURE AGENDA ITEMS· Street Naming No. 202101_The City of Santa Ana is proposing to rename a portion ofSouth Lyon Street between Edinger Avenue and St Andrew Place to South Elk Lane· Work Study: Planning Commission Training· Work Study: Housing Information MEETING INFORMATIONIf you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.1. Connecting directly from your computer:Click on the link on top of this agenda ORGo to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The MeetingID is listed at the top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, click on the button next to your name to virtually raise your hand and let us knowyou wish to speak. You will have 3 minutes.2. Connecting via the Zoom App:Download the free Zoom Cloud Meetings app from your favorite app store.Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, yourname, and the blue Join button. The Meeting ID is listed at the top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, click on the button next to your name to virtually raise your hand and let us knowyou wish to speak. You will have 3 minutes.3. Dialing in from a mobile phone or landline:Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed atthe top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.Submit a written commentYou are invited to submit a written comment in one of the following ways:Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in.Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) andfollow the promptEmail PBAecomments@santaana.org and reference the topic in the subject line.Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20,Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. 6/14/2021 Planning Commission 6 Planning Commission Regular Meeting Agenda Minutes May 10, 2021 VIRTUAL MEETING 5:30 P.M. MARK McLOUGHLIN Chair, Ward 4 Representative ERIC ALDERETE Citywide Representative BAO PHAM Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Vice Chair, Representative THOMAS MORRISSEY Ward 6 Representative MinhThai Executive Director John Funk Legal Counsel Ali Pezeshkpour, AICP Principal Planner Sarah Bernal Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Mark McLoughlin, Chair Thomas Morrissey, Vice Chair Eric M. Alderete Miguel Calderon Bao Pham Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Principal Planner Ali Pezeshkpour Recording Secretary Sarah Bernal ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass PUBLIC HEARING The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. For item no. 1, legal notice was published in the OC Reporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legal notice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow afterhours operations until 2:00 a.m. daily at an existing restaurant (La Ktrina Restaurant). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202124 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202106 as conditioned. Minutes: Commissioner Ramos recused herself as she resides within 500 feet of the project site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support the matter and answered questions regarding business operations. Commission expressed concern with the possibility of increased noise and its affect on the nearby community There were no other speakers and the Public Hearing was closed. Moved by Commissioner Pham, seconded by Commissioner Calderon to approve with the following modified conditions: During the six month review period, the Planning Division shall have the ability to modify hours of operation as deemed appropriate based on information provided by staff on the Planning and Code Enforcement divisions and the Police Department. The applicant shall hire a security guard to patrol and monitor the premises from 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television system approved by the Police Department for exterior security purposes. YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 1 – Isuri Ramos ABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass 2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84 (SD84) / Subzone Downtown (DT) zoning district. Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) license from a Type 41 to a Type 47 license, which would allow the sale of distilled spirits in addition to beer and wine for onpremises consumption at an existing restaurant (Native Son Alehouse). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from California Environmental Quality Act CEQA Guidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 201340 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 201315MOD1 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass 3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential (CR) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for onpremises consumption at an existing restaurant (Euro Caffe). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202115 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202104 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR 4.Work Study Session: Reasonable Accommodations Minutes: The following individuals spoke on the matter: Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremises consumption at a new eating establishment located at 1951 E Dyer Rd Unit# B · Variance 202101 to exceed sign code standards for the property located at 3630 Westminster Avenue · Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M1) zoning district · Work Study Session: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 1 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –1 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Mark McLoughlin, Chair Thomas Morrissey, Vice Chair Eric M. Alderete Miguel Calderon Bao Pham Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Principal Planner Ali Pezeshkpour Recording Secretary Sarah Bernal ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass PUBLIC HEARING The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. For item no. 1, legal notice was published in the OC Reporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legal notice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow afterhours operations until 2:00 a.m. daily at an existing restaurant (La Ktrina Restaurant). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202124 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202106 as conditioned. Minutes: Commissioner Ramos recused herself as she resides within 500 feet of the project site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support the matter and answered questions regarding business operations. Commission expressed concern with the possibility of increased noise and its affect on the nearby community There were no other speakers and the Public Hearing was closed. Moved by Commissioner Pham, seconded by Commissioner Calderon to approve with the following modified conditions: During the six month review period, the Planning Division shall have the ability to modify hours of operation as deemed appropriate based on information provided by staff on the Planning and Code Enforcement divisions and the Police Department. The applicant shall hire a security guard to patrol and monitor the premises from 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television system approved by the Police Department for exterior security purposes. YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 1 – Isuri Ramos ABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass 2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84 (SD84) / Subzone Downtown (DT) zoning district. Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) license from a Type 41 to a Type 47 license, which would allow the sale of distilled spirits in addition to beer and wine for onpremises consumption at an existing restaurant (Native Son Alehouse). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from California Environmental Quality Act CEQA Guidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 201340 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 201315MOD1 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass 3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential (CR) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for onpremises consumption at an existing restaurant (Euro Caffe). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202115 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202104 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR 4.Work Study Session: Reasonable Accommodations Minutes: The following individuals spoke on the matter: Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremises consumption at a new eating establishment located at 1951 E Dyer Rd Unit# B · Variance 202101 to exceed sign code standards for the property located at 3630 Westminster Avenue · Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M1) zoning district · Work Study Session: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 2 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –2 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contactMichael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City tomake reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation canbe found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas Morrissey, Vice ChairEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassPUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, Tentative Tractand Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. For item no. 1, legal notice was published in the OC Reporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legal notice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow afterhours operations until 2:00 a.m. daily at an existing restaurant (La Ktrina Restaurant). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202124 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202106 as conditioned. Minutes: Commissioner Ramos recused herself as she resides within 500 feet of the project site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support the matter and answered questions regarding business operations. Commission expressed concern with the possibility of increased noise and its affect on the nearby community There were no other speakers and the Public Hearing was closed. Moved by Commissioner Pham, seconded by Commissioner Calderon to approve with the following modified conditions: During the six month review period, the Planning Division shall have the ability to modify hours of operation as deemed appropriate based on information provided by staff on the Planning and Code Enforcement divisions and the Police Department. The applicant shall hire a security guard to patrol and monitor the premises from 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television system approved by the Police Department for exterior security purposes. YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 1 – Isuri Ramos ABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass 2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84 (SD84) / Subzone Downtown (DT) zoning district. Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) license from a Type 41 to a Type 47 license, which would allow the sale of distilled spirits in addition to beer and wine for onpremises consumption at an existing restaurant (Native Son Alehouse). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from California Environmental Quality Act CEQA Guidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 201340 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 201315MOD1 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass 3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential (CR) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for onpremises consumption at an existing restaurant (Euro Caffe). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202115 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202104 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR 4.Work Study Session: Reasonable Accommodations Minutes: The following individuals spoke on the matter: Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremises consumption at a new eating establishment located at 1951 E Dyer Rd Unit# B · Variance 202101 to exceed sign code standards for the property located at 3630 Westminster Avenue · Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M1) zoning district · Work Study Session: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 3 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –3 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contactMichael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City tomake reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation canbe found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas Morrissey, Vice ChairEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassPUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, Tentative Tractand Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for more information).The Planning Commission recommendation on Zoning and General Plan amendments,Development Agreements, Specific Developments, and Specific Plans will be forwarded tothe City Council for final determination. For item no. 1, legal notice was published in the OCReporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legalnotice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5)zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow afterhours operations until 2:00 a.m. daily at an existing restaurant (La KtrinaRestaurant).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202124 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202106 as conditioned.Minutes: Commissioner Ramos recused herself as she resides within 500 feet of theproject site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support thematter and answered questions regarding business operations. Commissionexpressed concern with the possibility of increased noise and its affect on the nearbycommunity There were no other speakers and the Public Hearing was closed.Moved by Commissioner Pham, seconded by Commissioner Calderon toapprove with the following modified conditions:During the six month review period, the Planning Division shall have theability to modify hours of operation as deemed appropriate based oninformation provided by staff on the Planning and Code Enforcementdivisions and the Police Department.The applicant shall hire a security guard to patrol and monitor the premisesfrom 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television systemapproved by the Police Department for exterior security purposes.YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, EricAldereteNO: 0 – ABSTAIN: 1 – Isuri RamosABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass 2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84 (SD84) / Subzone Downtown (DT) zoning district. Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) license from a Type 41 to a Type 47 license, which would allow the sale of distilled spirits in addition to beer and wine for onpremises consumption at an existing restaurant (Native Son Alehouse). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from California Environmental Quality Act CEQA Guidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 201340 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 201315MOD1 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass 3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential (CR) zoning district. Proposed Project: The applicant is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for onpremises consumption at an existing restaurant (Euro Caffe). Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Notice of Exemption, Environmental Review No. 202115 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202104 as conditioned. Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR 4.Work Study Session: Reasonable Accommodations Minutes: The following individuals spoke on the matter: Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremises consumption at a new eating establishment located at 1951 E Dyer Rd Unit# B · Variance 202101 to exceed sign code standards for the property located at 3630 Westminster Avenue · Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M1) zoning district · Work Study Session: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 4 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –4 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contactMichael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City tomake reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation canbe found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas Morrissey, Vice ChairEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassPUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, Tentative Tractand Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for more information).The Planning Commission recommendation on Zoning and General Plan amendments,Development Agreements, Specific Developments, and Specific Plans will be forwarded tothe City Council for final determination. For item no. 1, legal notice was published in the OCReporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legalnotice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5)zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow afterhours operations until 2:00 a.m. daily at an existing restaurant (La KtrinaRestaurant).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202124 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202106 as conditioned.Minutes: Commissioner Ramos recused herself as she resides within 500 feet of theproject site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support thematter and answered questions regarding business operations. Commissionexpressed concern with the possibility of increased noise and its affect on the nearbycommunity There were no other speakers and the Public Hearing was closed.Moved by Commissioner Pham, seconded by Commissioner Calderon toapprove with the following modified conditions:During the six month review period, the Planning Division shall have theability to modify hours of operation as deemed appropriate based oninformation provided by staff on the Planning and Code Enforcementdivisions and the Police Department.The applicant shall hire a security guard to patrol and monitor the premisesfrom 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television systemapproved by the Police Department for exterior security purposes.YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, EricAldereteNO: 0 – ABSTAIN: 1 – Isuri RamosABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84(SD84) / Subzone Downtown (DT) zoning district.Proposed Project: The applicant is requesting approval of Conditional Use Permit No.201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) licensefrom a Type 41 to a Type 47 license, which would allow the sale of distilled spirits inaddition to beer and wine for onpremises consumption at an existing restaurant (NativeSon Alehouse).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from California Environmental Quality Act CEQAGuidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities.Notice of Exemption, Environmental Review No. 201340 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.201315MOD1 as conditioned.Minutes: Chair McLoughlin opened the Public Hearing. The applicant spoke insupport of the matter. There were no other speakers and the Public Hearing wasclosed. Moved by Commissioner Woo, seconded by Commissioner Calderon to ApproveYES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential(CR) zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and winefor onpremises consumption at an existing restaurant (Euro Caffe).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202115 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202104 as conditioned.Minutes: 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. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, Miguel Calderon, Eric Alderete NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass BUSINESS CALENDAR 4.Work Study Session: Reasonable Accommodations Minutes: The following individuals spoke on the matter: Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM. FUTURE AGENDA ITEMS · Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremises consumption at a new eating establishment located at 1951 E Dyer Rd Unit# B · Variance 202101 to exceed sign code standards for the property located at 3630 Westminster Avenue · Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) for light processing (recycling) facilities in the Light Industrial (M1) zoning district · Work Study Session: Housing Information MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 5 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –5 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contactMichael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City tomake reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation canbe found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas Morrissey, Vice ChairEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassPUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, Tentative Tractand Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for more information).The Planning Commission recommendation on Zoning and General Plan amendments,Development Agreements, Specific Developments, and Specific Plans will be forwarded tothe City Council for final determination. For item no. 1, legal notice was published in the OCReporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legalnotice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5)zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow afterhours operations until 2:00 a.m. daily at an existing restaurant (La KtrinaRestaurant).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202124 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202106 as conditioned.Minutes: Commissioner Ramos recused herself as she resides within 500 feet of theproject site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support thematter and answered questions regarding business operations. Commissionexpressed concern with the possibility of increased noise and its affect on the nearbycommunity There were no other speakers and the Public Hearing was closed.Moved by Commissioner Pham, seconded by Commissioner Calderon toapprove with the following modified conditions:During the six month review period, the Planning Division shall have theability to modify hours of operation as deemed appropriate based oninformation provided by staff on the Planning and Code Enforcementdivisions and the Police Department.The applicant shall hire a security guard to patrol and monitor the premisesfrom 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television systemapproved by the Police Department for exterior security purposes.YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, EricAldereteNO: 0 – ABSTAIN: 1 – Isuri RamosABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84(SD84) / Subzone Downtown (DT) zoning district.Proposed Project: The applicant is requesting approval of Conditional Use Permit No.201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) licensefrom a Type 41 to a Type 47 license, which would allow the sale of distilled spirits inaddition to beer and wine for onpremises consumption at an existing restaurant (NativeSon Alehouse).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from California Environmental Quality Act CEQAGuidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities.Notice of Exemption, Environmental Review No. 201340 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.201315MOD1 as conditioned.Minutes: Chair McLoughlin opened the Public Hearing. The applicant spoke insupport of the matter. There were no other speakers and the Public Hearing wasclosed. Moved by Commissioner Woo, seconded by Commissioner Calderon to ApproveYES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential(CR) zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and winefor onpremises consumption at an existing restaurant (Euro Caffe).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202115 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202104 as conditioned.Minutes: Chair McLoughlin opened the Public Hearing. The applicant spoke insupport of the matter. There were no other speakers and the Public Hearing wasclosed. Moved by Commissioner Woo, seconded by Commissioner Alderete to ApproveYES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassBUSINESS CALENDAR4.Work Study Session: Reasonable AccommodationsMinutes: The following individuals spoke on the matter:Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM.FUTURE AGENDA ITEMS· Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremisesconsumption at a new eating establishment located at 1951 E Dyer Rd Unit# B· Variance 202101 to exceed sign code standards for the property located at 3630Westminster Avenue· Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) forlight processing (recycling) facilities in the Light Industrial (M1) zoning district· Work Study Session: Housing InformationMEETING INFORMATIONIf you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.1. Connecting directly from your computer:Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in. Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) and follow the prompt Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 6 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –6 Planning CommissionRegular Meeting Agenda MinutesMay 10, 2021VIRTUAL MEETING5:30 P.M.MARK McLOUGHLINChair, Ward 4 RepresentativeERIC ALDERETECitywide Representative BAO PHAMWard 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeALAN WOOVice Chair, Representative THOMAS MORRISSEYWard 6 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPrincipal Planner Sarah BernalRecording SecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contactMichael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City tomake reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation canbe found onthe City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Mark McLoughlin, ChairThomas Morrissey, Vice ChairEric M. AldereteMiguel CalderonBao PhamIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPrincipal Planner Ali PezeshkpourRecording Secretary Sarah Bernal ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the April 26, 2021 meeting. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassPUBLIC HEARINGThe Planning Commission decision on Conditional Use Permits, Variances, Tentative Tractand Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience orNecessity Determinations are final unless appealed within 10 days of the decision by anyinterested party or group (refer to the Basic Meeting Information page for more information).The Planning Commission recommendation on Zoning and General Plan amendments,Development Agreements, Specific Developments, and Specific Plans will be forwarded tothe City Council for final determination. For item no. 1, legal notice was published in the OCReporter on March 31 and notices were mailed on said date. For item nos. 2 and 3, legalnotice was published in the OC Reporter on April 28 and notices were mailed on said date. 1.Conditional Use Permit No. 202106 – Jerry Guevara, Case Planner. Matter was continued from the April 12 and April 26 meetings. Project Location: 2106 North Tustin Avenue located in the Arterial Commercial (C5)zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow afterhours operations until 2:00 a.m. daily at an existing restaurant (La KtrinaRestaurant).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202124 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202106 as conditioned.Minutes: Commissioner Ramos recused herself as she resides within 500 feet of theproject site. Chair McLoughlin opened the Public Hearing. The applicant spoke in support thematter and answered questions regarding business operations. Commissionexpressed concern with the possibility of increased noise and its affect on the nearbycommunity There were no other speakers and the Public Hearing was closed.Moved by Commissioner Pham, seconded by Commissioner Calderon toapprove with the following modified conditions:During the six month review period, the Planning Division shall have theability to modify hours of operation as deemed appropriate based oninformation provided by staff on the Planning and Code Enforcementdivisions and the Police Department.The applicant shall hire a security guard to patrol and monitor the premisesfrom 9:00 p.m. to 2:00 a.m. daily. The applicant shall install a webbased closed circuit television systemapproved by the Police Department for exterior security purposes.YES: 6 – Tom Morrissey, Mark McLoughlin, Bao Pham, Alan Woo, Miguel Calderon, EricAldereteNO: 0 – ABSTAIN: 1 – Isuri RamosABSENT: 0 – Status: 6 – 0 – 1 – 0 – Pass2.Conditional Use Permit No. 201315 Modification No. 1 – Jerry Guevara, Case Planner. Project Location: 305 E. 4 Street, Unit 200 located in Specific Development No. 84(SD84) / Subzone Downtown (DT) zoning district.Proposed Project: The applicant is requesting approval of Conditional Use Permit No.201315MOD1 to allow an upgrade in the Alcoholic Beverage Control (ABC) licensefrom a Type 41 to a Type 47 license, which would allow the sale of distilled spirits inaddition to beer and wine for onpremises consumption at an existing restaurant (NativeSon Alehouse).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from California Environmental Quality Act CEQAGuidelines pursuant to 15301 of the CEQA Guidelines Class 1/Existing Facilities.Notice of Exemption, Environmental Review No. 201340 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.201315MOD1 as conditioned.Minutes: Chair McLoughlin opened the Public Hearing. The applicant spoke insupport of the matter. There were no other speakers and the Public Hearing wasclosed. Moved by Commissioner Woo, seconded by Commissioner Calderon to ApproveYES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – Pass3.Conditional Use Permit No. 202104 – Ivan Orozco, Case Planner Project Location: 3950 South Bristol Street located in the Commercial Residential(CR) zoning district.Proposed Project: The applicant is requesting approval of a conditional use permit toallow a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and winefor onpremises consumption at an existing restaurant (Euro Caffe).Environmental Impact: The Planning Commission will consider a determination thatthe project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines – Class 1/Existing Facilities. Noticeof Exemption, Environmental Review No. 202115 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use Permit No.202104 as conditioned.Minutes: Chair McLoughlin opened the Public Hearing. The applicant spoke insupport of the matter. There were no other speakers and the Public Hearing wasclosed. Moved by Commissioner Woo, seconded by Commissioner Alderete to ApproveYES: 7 – Tom Morrissey, Mark McLoughlin, Bao Pham, Isuri Ramos, Alan Woo, MiguelCalderon, Eric AldereteNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – PassBUSINESS CALENDAR4.Work Study Session: Reasonable AccommodationsMinutes: The following individuals spoke on the matter:Karla Juarez does not support this item. Daisy Cruz does not support this item. STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next virtual meeting of the Planning Commission will be on May 24, 2021 at 5:30 PM.FUTURE AGENDA ITEMS· Conditional Use Permit 202107 to allow the sale of alcoholic beverages for onpremisesconsumption at a new eating establishment located at 1951 E Dyer Rd Unit# B· Variance 202101 to exceed sign code standards for the property located at 3630Westminster Avenue· Zoning Ordinance Amendment No. 202101 to require a conditional use permit (CUP) forlight processing (recycling) facilities in the Light Industrial (M1) zoning district· Work Study Session: Housing InformationMEETING INFORMATIONIf you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.1. Connecting directly from your computer:Click on the link on top of this agenda ORGo to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The MeetingID is listed at the top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, click on the button next to your name to virtually raise your hand and let us know youwish to speak. You will have 3 minutes.2. Connecting via the Zoom App:Download the free Zoom Cloud Meetings app from your favorite app store.Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, yourname, and the blue Join button. The Meeting ID is listed at the top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, click on the button next to your name to virtually raise your hand and let us know youwish to speak. You will have 3 minutes.3. Dialing in from a mobile phone or landline:Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed atthe top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes.Submit a written commentYou are invited to submit a written comment in one of the following ways:Visit the City’s Public Portal Scroll down to the list of meetings and locate the meeting you are interested in.Select the COMMENT icon to the right of “Meeting Title” (under the Options tab) andfollow the promptEmail PBAecomments@santaana.org and reference the topic in the subject line.Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20,Santa Ana, CA 92701.Deadline to submit written comments is 5:00 p.m. on the day of themeeting.Comments received after the deadline may not be distributed to theCommission but will be made part of the record.APPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the tenday appealperiod, unless the City Council in compliance with section 41643, 41644 or 41645 holds apublic hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. th 7 Planning Commission 5/10/2021 6/14/2021 Planning Commission a –7 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report June 14, 2021 Topic: VAR No. 2021-01 – Arte West Projecting Sign RECOMMENDED ACTION Adopt a resolution approving Variance No. 2021-01 as conditioned. EXECUTIVE SUMMARY Aubrey Kelly with Sign Post Studio, LLC (applicant), on behalf of Oktagon Santa Ana, LLC (property owner), is requesting approval of Variance (VAR) No. 2021-01 to allow a 72-square foot projecting sign for the existing mixed-use development at 3630 Westminster Avenue. Section 41-864 of the Santa Ana Municipal Code (SAMC) limits the size and location of a projecting sign. Staff is recommending approval of the applicant’s request to accommodate site visibility constraints and to facilitate identification and entrance recognition by pedestrians and motorists. Furthermore, the project will not negatively impact the surrounding community as the sign has been designed to minimize impacts to any nearby sensitive land uses and is compatible with surrounding architecture. Table 1: Project and Location Information DISCUSSION Item Information Project Address & Council Ward 3630 Westminster Avenue (Ward 1) Nearest Intersection Westminster Avenue and Harbor Boulevard General Plan Designation District Center (DC) Zoning Designation Harbor Mixed Use Transit Corridor Specific Plan (SP2) North Retail Commercial (City of Garden Grove) East Orange County Streetcar/Residential South Storage Surrounding Land Uses West Office/ Commercial Retail Property Size 3.91 Acres Existing Site Development The site is currently developed as a four to five story mixed-use development with approximately 4,200 sq. ft. of commercial space and 228 residential units wrapped around a parking structure. Zoning Code Sections Affected Operational Standards SAMC Section 41-864 (b) (c) (d) 6/14/2021 Planning Commission 1 –1 VAR No. 2021-01 – Arte West June 14, 2021 Page 2 1 5 0 6 5 Project Description The applicant is proposing to construct a new 72-square foot projecting sign to provide identification for the existing residential development. The projecting sign is proposed to be located on the north elevation of the building above the first floor and will be installed perpendicular to the building wall with steel mounting brackets. The proposed 72-square foot sign is to be double sided and will have halo LED illumination to allow visibility during evening hours. To avoid nuisance to onsite residents, the applicant has proposed sign illumination between the hours of 4:00 p.m. and 10:00 p.m. The sign is 24 feet long by two feet wide and consists of a painted aluminum cabinet with individual cut channel letters. The variance will allow a larger projecting sign and its location on the building façade above the ground floor will provide improved building identification for the development. Project Background The subject property is developed with a four to five story mixed-use building consisting of 228 residential units and 4,248 square feet of commercial space wrapped around a parking structure. The development was completed in December 2019. In June 2020, a 20-square foot compliant projecting sign was installed for building identification. Moreover, the Orange County (OC) Streetcar overpass bridge is under construction east of the subject site; during construction, it was identified that the bridge would obstruct visibility of the project and therefore, cause the need for a larger sign. In an effort to provide improved identification of the development, the proposed 72-square foot projecting sign will replace the existing smaller sign. Project Analysis Variance requests are governed by Section 41-638(2) of the SAMC. Variances may be granted when it can be shown that characteristics of the site make a variance necessary for the preservation and enjoyment of substantial property rights, that the variance will not be detrimental to the public or surrounding property, and that the variance will not adversely affect the General Plan. In analyzing the variance request, staff believes that the following analysis warrants staff’s recommendation of approval for the variance. The applicant’s request for a variance from the development standards of the SAMC requires certain findings of fact for granting the variance. Of those findings, the site has special circumstances that would otherwise be limiting the full use of the property if the requirements of the code are applied. As Westminster Avenue is a major arterial street, vehicles travel at higher speeds than non-arterial streets. With one driveway serving the property from Westminster Avenue and the current speed of traffic, visitors to the site fail to see and turn into the entrance of the development in time. Additionally, construction of the OC Streetcar bridge limits visibility of the site’s current sign from westbound traffic. Allowing the proposed sign to exceed size and be located higher on the building will increase and promote readability and visibility. Granting the variance also allows preservation of substantial property rights such as adequate and proportional signage for the recently constructed development within the Harbor Mixed Use Transit Corridor Specific Plan. Limiting the size of the sign to 25 square feet and at a lower height on the four story building’s facade, as required per the SAMC, would deprive sufficient visibility for the mixed-use development. 6/14/2021 Planning Commission 1 –2 VAR No. 2021-01 – Arte West June 14, 2021 Page 3 1 5 0 6 5 Conditions of approval will ensure that the proposed sign will not significantly impact the surrounding area. To minimize potential nuisance impacts to onsite residents and surrounding uses, staff is recommending conditions of approval, which include sign illumination to be turned off between the hours of 10:00 p.m. and 4:00 p.m. and for necessary maintenance of the projecting sign. These measures will help improve the safety and quality of the project. Table 2 below provides a detailed comparison of the proposed 72-square foot projecting sign with applicable development standards. Table 2: Development Standards Projecting Signs (Sec. 41-864 of the SAMC) Standard Required by SAMC Provided Street Frontage Min. of 55 linear feet of street frontage feet Complies; Project has frontage along Westminster Ave for a total of 117’-5” linear feet Location Not allow higher than ground level of occupancy of the building Does not comply; located above ground level. Sign Face Area Max. (25) square feet Does not comply; 72 square feet Thickness Max. (12) inches in thickness Complies; 12 inches Projection Max. four (4) feet Complies; 42 inches Height Max. seven (7) feet Does not comply; 24 feet Sign Copy Max. (50%) of sign face Does not comply; 64% sign copy Sign illumination May not be wholly or partially illuminated by unshielded lighting. Complies Public Notification Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 500-foot notification radius map, and the site posting are provided in Exhibit 4. In addition to these measures, representatives of the Santa Anita Neighborhood Association were contacted to identify any areas of concern due to the proposed request. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 – Existing Facilities) because the project involves installation of an 6/14/2021 Planning Commission 1 –3 VAR No. 2021-01 – Arte West June 14, 2021 Page 4 1 5 0 6 5 on-premise sign on an existing building. Based on this analysis, Notice of Exemption, Environmental Review No. 2021-36 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Vicinity Zoning and Aerial View 3. Project Plans 4. Copy of public notices Submitted By: Gissel Enriquez, Planning Technician Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency 6/14/2021 Planning Commission 1 –4 jmf 6-7-21 Resolution No. 2021-XXX Page 1 of 5 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2021-01, AS CONDITIONED, TO ALLOW CONSTRUCTION OF A 72-SQUARE FOOT PROJECTING SIGN FOR THE ARTE WEST MIXED-USE DEVELOPMENT LOCATED AT 3630 WESTMINSTER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Aubrey Kelly (Applicant) is requesting approval of Variance No. 2021-01 for the installation of a 72-square-foot projecting sign for the Arte West at the property located at 3630 Westminster Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-864 limits the size and location of a projecting sign. The Applicant is requesting a variance to allow an increase of sign height, copy, face and placement, as the subject site is an irregular shaped lot and the main entrance to the development is obstructed by an overpass bridge. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the SAMC. D. On June 14, 2021, the Planning Commission held a duly noticed public hearing for Variance No. 2021-01. E. The Planning Commission determines that for Variance No. 2021-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provision of this chapter. The project site has special circumstances related to size, shape, and surroundings. The site is located on the south side of Westminster Avenue and east of Harbor Boulevard. As Westminster Avenue is a major arterial street, vehicles 6/14/2021 Planning Commission 1 –5 jmf 6-7-21 Resolution No. 2021-XXX Page 2 of 5 travel at higher speeds than local streets. With one driveway entrance from Westminster Avenue serving the development, adequate and proportional building signage is imperative for the development’s continued success. Additionally, an overpass bridge for the OC Streetcar limits the visibility of the existing sign and development for westbound traffic. Allowing the proposed sign to exceed size and sign placement above the ground floor will promote improved visibility for the site. The subject site is also irregularly shaped with limited street frontage along Westminster Avenue in comparison to other mixed-use developments in the Harbor Corridor Specific Plan. Approval of the variance is necessary for adequate identification of the development. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The ability to provide adequate signage will allow for long-term viability of the mixed-use development. The proposed sign ensures improved visibility of the site and entrance identification to the only driveway serving the site along Westminster Avenue. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The sign will be halo illuminated between the hours of 4:00 p.m. and 10:00 p.m. The sign will not incorporate any flashing or moving elements that may distract motorists or passersby. Moreover, an overpass bridge obstructs visibility of the existing sign and site for westbound traffic. The proposed sign size and location above the ground floor will increase site identification allowing vehicles to safely enter the site. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 2.7 and 2.8 (to promote land uses which enhance the City’s economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 of 6/14/2021 Planning Commission 1 –6 jmf 6-7-21 Resolution No. 2021-XXX Page 3 of 5 the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-36, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2021-01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3630 Westminster Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission 6/14/2021 Planning Commission 1 –7 jmf 6-7-21 Resolution No. 2021-XXX Page 4 of 5 Action dated June 14, 2021, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of June, 2021. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 14, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 6/14/2021 Planning Commission 1 –8 jmf 6-7-21 Resolution No. 2021-XXX Page 5 of 5 EXHIBIT A Conditions of Approval for Variance No. 2021-01 Variance No. 2021-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 2. Applicant will be responsible for regular maintenance of the projecting sign, and all other signage provided on-site. 3. All on-site improvements shall be completed prior to the issuance of the building permit for the sign. 4. The projecting sign may only be illuminated between the hours of 4:00 p.m. and 10:00 p.m. daily, and a shutoff component shall be provided for hours outside this timeframe. 6/14/2021 Planning Commission 1 –9 4/8/2021 . https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 VAR No. 2021 - 01 - Arte West, Sign Variance3630 Westminster Avenue Exhibit 2 - Vicinity Zoning and Aerial View ©2021 Digital Map Products.All rights reserved. Santa Ana Boundary Zoning 313 feet 6/14/2021 Planning Commission 1 –10 6/14/2021Planning Commission 1 – 11 6/14/2021Planning Commission 1 – 12 6/14/2021 Planning Commission 1 –13 O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com CITY OF SANTA ANA PLANNING SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 3630 Westminster Avenue 06/02/2021 Publication Total $127.10 $127.10 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3477286 !A000005733052! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contactus priorto thePublic Hearing if you have any questions. Planning Commission Action:The Planning Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below.Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location:3630 Westminster Avenue located in the Specific Plan No.2 (SP2)zoning district. Project Applicant:Aubrey Kelly with Sign Post Studio,LLC.,representing Oktagon Santa Ana,LLC.(Applicant and Property Owner), Proposed Project:The applicant is requesting approval of Variance No. 2021-01 to allow a 72 square feet projecting sign above the ground floor which exceeds the City's maximum sign standards for sign height,copy,face,and placement. Environmental Impact:The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 of the CEQA Guidelines –Class 1/Existing Facilities.Notice of Exemption, Environmental Review No.2021-36 will be filedfor this project. Meeting Details:This matter will be heard on Monday,June 14,2021at 5:30 p.m.In light of COVID-19,this meeting will be conducted in avirtual environment. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments:If you are unable to participate in the virtual meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item #in the subject line)or mail to Sarah Bernal, Recording Secretary,City of Santa Ana, 20 Civic Center Plaza –M20,Santa Ana, CA 92701.Deadline to submit written comments is 5:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. WhereTo Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:www.santa-ana.org/cc/city- meetings Who To Contact For Questions:Should you have any questions,please contact Gissel Enriquez with the Planning and Building Agency at GEnriquez@santa- ana.org. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntasen español,favorde llamar a Narcedalia Perez al(714)667- 2260. N uc nliênl c b ng ti ng Vi t,xin i n tho i choTonyLai s (714)565- 2627. 6/2/21 OR-3477286# 6/14/2021 Planning Commission 1 –14 6/14/2021 Planning Commission 1 –15 6/14/2021 Planning Commission 1 –16 6/14/2021 Planning Commission 1 –17