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Planning Commission Regular Meeting Agenda March 28, 2022 5:30 P.M. Council Chambers 22 Civic Center Plaza Santa Ana, CA Members of the public may attend this meeting inperson or join via Zoom. Join from your computer: https://zoom.us/j/86861722227 Join from your mobile phone via Zoom App. Meeting ID: 86861722227 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227 *For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30 second delay when viewing the meeting via YouTube. If you plan to provide a public comment during the meeting, please join the meeting via Zoom. 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. THOMAS MORRISSEY Chair, Ward 6 Representative ERIC M. ALDERETE Citywide Representative BAO PHAM ViceChair, Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative MARK McLOUGHLIN Ward 4 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Christina Leonard 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 on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Thomas Morrissey, Chair Bao Pham, ViceChair Eric M. Alderete Miguel Calderon Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Christina Leonard ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR 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 March 16, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner. Project Location: 2221 N Heliotrope Drive Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’ – 4” in height within the rear yard of an existing singlefamily residence located at 2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 1 Planning CommissionRegular Meeting AgendaMarch 28, 20225:30 P.M.Council Chambers22 Civic Center PlazaSanta Ana, CAMembers of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/86861722227Join from your mobile phone via Zoom App. Meeting ID: 86861722227Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For 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. THOMAS MORRISSEY Chair, Ward 6 Representative ERIC M. ALDERETE Citywide Representative BAO PHAM ViceChair, Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative MARK McLOUGHLIN Ward 4 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Christina Leonard 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 on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Thomas Morrissey, Chair Bao Pham, ViceChair Eric M. Alderete Miguel Calderon Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Christina Leonard ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR 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 March 16, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner. Project Location: 2221 N Heliotrope Drive Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’ – 4” in height within the rear yard of an existing singlefamily residence located at 2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 2 Planning CommissionRegular Meeting AgendaMarch 28, 20225:30 P.M.Council Chambers22 Civic Center PlazaSanta Ana, CAMembers of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/86861722227Join from your mobile phone via Zoom App. Meeting ID: 86861722227Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For 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 tothe right of the agenda title. THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardRecording 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 on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Thomas Morrissey, Chair Bao Pham, ViceChair Eric M. Alderete Miguel Calderon Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Christina Leonard ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR 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 March 16, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner. Project Location: 2221 N Heliotrope Drive Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’ – 4” in height within the rear yard of an existing singlefamily residence located at 2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 3 Planning CommissionRegular Meeting AgendaMarch 28, 20225:30 P.M.Council Chambers22 Civic Center PlazaSanta Ana, CAMembers of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/86861722227Join from your mobile phone via Zoom App. Meeting ID: 86861722227Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For 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 tothe right of the agenda title. THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardRecording 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina Leonard ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDAR 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 March 16, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner. Project Location: 2221 N Heliotrope Drive Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 202206 to allow the construction of an accessory structure 23’ – 4” in height within the rear yard of an existing singlefamily residence located at 2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 202211 will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202206 as conditioned. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 4 Planning CommissionRegular Meeting AgendaMarch 28, 20225:30 P.M.Council Chambers22 Civic Center PlazaSanta Ana, CAMembers of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/86861722227Join from your mobile phone via Zoom App. Meeting ID: 86861722227Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For 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 tothe right of the agenda title. THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardRecording 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina Leonard ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on March 16, 2022 andnotices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner.Project Location: 2221 N Heliotrope DriveProject Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners)Proposed Project: The applicant is requesting approval of Conditional UsePermit (CUP) No. 202206 to allow the construction of an accessory structure 23’ –4” in height within the rear yard of an existing singlefamily residence located at2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa AnaMunicipal Code (SAMC), accessory buildings more than fifteen feet in height ormore than one story require approval of a CUP.Environmental Impact: Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction orConversion of Small Structures) because the project involves the construction of asmall accessory structure. Based on this analysis, Notice of Exemption,Environmental Review No. 202211 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use PermitNo. 202206 as conditioned. Administrative Matters*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 5 Planning CommissionRegular Meeting AgendaMarch 28, 20225:30 P.M.Council Chambers22 Civic Center PlazaSanta Ana, CAMembers of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/86861722227Join from your mobile phone via Zoom App. Meeting ID: 86861722227Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 86861722227*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For 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 tothe right of the agenda title. THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardRecording 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina Leonard ROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from March 14, 2022 meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on March 16, 2022 andnotices were mailed on said date. 1.Conditional Use Permit No. 202206 – Pedro Gomez, Case Planner.Project Location: 2221 N Heliotrope DriveProject Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners)Proposed Project: The applicant is requesting approval of Conditional UsePermit (CUP) No. 202206 to allow the construction of an accessory structure 23’ –4” in height within the rear yard of an existing singlefamily residence located at2221 North Heliotrope Drive. Pursuant to Section 41232.5 of the Santa AnaMunicipal Code (SAMC), accessory buildings more than fifteen feet in height ormore than one story require approval of a CUP.Environmental Impact: Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction orConversion of Small Structures) because the project involves the construction of asmall accessory structure. Based on this analysis, Notice of Exemption,Environmental Review No. 202211 will be filed for this project.Recommended Action: Adopt a resolution approving Conditional Use PermitNo. 202206 as conditioned. Administrative Matters*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on April 11, 2022 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.FUTURE AGENDA ITEMSAPPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the tendayappeal period, unless the City Council in compliance with section 41643, 41644 or 41645holds a public hearing on the matter, then the formal action will become effective on the dayfollowing the hearing and decision by the City Council. An appeal from the decision orrequirement of the Planning Commission may be made by any interested party, individual, orgroup. The appeal must be filed with the Clerk of the Council, accompanied by the requiredfiling fee, and a copy sent to the Planning Department, within ten days of the date of theCommission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observedholiday or a day when City hall is closed, the final day to appeal shall be extended to the nextday City Hall is open for public business. Please note: Under California Government CodeSec. 65009, if you challenge in court any of the matters on this agenda for which a publichearing is to be conducted, you may be limited to raising only those issues which you (orsomeone else) raised orally at the public hearing or in written correspondence received bythe Planning Commission or City Council at or before the hearing.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 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chrisitna Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3/28/2022 Planning Commission 6 Planning Commission Regular Meeting Agenda March 14, 2022 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA THOMAS MORRISSEY Chair, Ward 6 Representative ERIC M. ALDERETE Citywide Representative BAO PHAM ViceChair, Ward 1 Representative MIGUEL CALDERON Ward 2 Representative ISURI S. RAMOS Ward 3 Representative MARK McLOUGHLIN Ward 4 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Christina Leonard Acting 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 on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Thomas Morrissey, Chair Bao Pham, ViceChair Eric M. Alderete Miguel Calderon Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Christina Leonard ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage and wording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, to accurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve. YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao Pham Status: 5 – 0 – 0 – 2 – Pass b.Excused Absences Recommended Action: Excuse absent commissioners. Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR 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 March 3, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, Eric Martin to allow the afterhours sale of alcoholic beverages for offsite consumption at a new storage and warehouse facility with ancillary retail and delivery services. Project Location: 2420 Cape Cod Way Project Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson, representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner), Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale of alcoholic beverages for offpremise consumption (Type 21–General OffSale) at a new storage and warehouse facility with ancillary retail and delivery services. Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for offpremise consumption and wishing to sell such beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m. require approval of respective CUPs. 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. 202202 will be filed for this project. Recommended Action: Adopt a resolution to approve Conditional Use Permit No. 202201 and Conditional Use Permit No. 202203 Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass Minutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of the matter. There were no other speakers and the Public Hearing was closed. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 1 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –1 Planning CommissionRegular Meeting AgendaMarch 14, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardActing RecordingSecretary 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 on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Thomas Morrissey, Chair Bao Pham, ViceChair Eric M. Alderete Miguel Calderon Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Christina Leonard ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage and wording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, to accurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete to Approve. YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao Pham Status: 5 – 0 – 0 – 2 – Pass b.Excused Absences Recommended Action: Excuse absent commissioners. Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR 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 March 3, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, Eric Martin to allow the afterhours sale of alcoholic beverages for offsite consumption at a new storage and warehouse facility with ancillary retail and delivery services. Project Location: 2420 Cape Cod Way Project Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson, representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner), Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale of alcoholic beverages for offpremise consumption (Type 21–General OffSale) at a new storage and warehouse facility with ancillary retail and delivery services. Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for offpremise consumption and wishing to sell such beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m. require approval of respective CUPs. 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. 202202 will be filed for this project. Recommended Action: Adopt a resolution to approve Conditional Use Permit No. 202201 and Conditional Use Permit No. 202203 Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass Minutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of the matter. There were no other speakers and the Public Hearing was closed. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 2 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –2 Planning CommissionRegular Meeting AgendaMarch 14, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardActing RecordingSecretaryIn 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina LeonardROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage andwording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, toaccurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete toApprove. YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao Pham Status: 5 – 0 – 0 – 2 – Pass b.Excused Absences Recommended Action: Excuse absent commissioners. Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass *End of Consent Calendar* BUSINESS CALENDAR 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 March 3, 2022 and notices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, Eric Martin to allow the afterhours sale of alcoholic beverages for offsite consumption at a new storage and warehouse facility with ancillary retail and delivery services. Project Location: 2420 Cape Cod Way Project Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson, representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner), Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale of alcoholic beverages for offpremise consumption (Type 21–General OffSale) at a new storage and warehouse facility with ancillary retail and delivery services. Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for offpremise consumption and wishing to sell such beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m. require approval of respective CUPs. 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. 202202 will be filed for this project. Recommended Action: Adopt a resolution to approve Conditional Use Permit No. 202201 and Conditional Use Permit No. 202203 Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass Minutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of the matter. There were no other speakers and the Public Hearing was closed. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 3 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –3 Planning CommissionRegular Meeting AgendaMarch 14, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardActing RecordingSecretaryIn 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina LeonardROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage andwording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, toaccurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete toApprove.YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao PhamStatus: 5 – 0 – 0 – 2 – Passb.Excused AbsencesRecommended Action: Excuse absent commissioners.Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos,Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlinStatus: 6 – 0 – 0 – 1 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on March 3, 2022 andnotices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, EricMartin to allow the afterhours sale of alcoholic beverages for offsiteconsumption at a new storage and warehouse facility with ancillary retail and delivery services. Project Location: 2420 Cape Cod Way Project Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson, representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner), Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale of alcoholic beverages for offpremise consumption (Type 21–General OffSale) at a new storage and warehouse facility with ancillary retail and delivery services. Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for offpremise consumption and wishing to sell such beverages between the hours of 12:00 a.m. (midnight) and 7:00 a.m. require approval of respective CUPs. 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. 202202 will be filed for this project. Recommended Action: Adopt a resolution to approve Conditional Use Permit No. 202201 and Conditional Use Permit No. 202203 Moved by Commissioner Woo, seconded by Commissioner Calderon to Approve. YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlin Status: 6 – 0 – 0 – 1 – Pass Minutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of the matter. There were no other speakers and the Public Hearing was closed. Administrative Matters *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 4 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –4 Planning CommissionRegular Meeting AgendaMarch 14, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardActing RecordingSecretaryIn 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina LeonardROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage andwording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, toaccurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete toApprove.YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao PhamStatus: 5 – 0 – 0 – 2 – Passb.Excused AbsencesRecommended Action: Excuse absent commissioners.Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos,Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlinStatus: 6 – 0 – 0 – 1 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on March 3, 2022 andnotices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, EricMartin to allow the afterhours sale of alcoholic beverages for offsiteconsumption at a new storage and warehouse facility with ancillary retail anddelivery services.Project Location: 2420 Cape Cod WayProject Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson,representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner),Proposed Project: The applicant is requesting approval of Conditional UsePermit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale ofalcoholic beverages for offpremise consumption (Type 21–General OffSale) at anew storage and warehouse facility with ancillary retail and delivery services.Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC),establishments wishing to sell alcoholic beverages for offpremise consumptionand wishing to sell such beverages between the hours of 12:00 a.m. (midnight)and 7:00 a.m. require approval of respective CUPs.Environmental Impact: The Planning Commission will consider a determinationthat the project is categorically exempt from the California Environmental QualityAct (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1 Existing Facilities. Notice of Exemption, Environmental Review No. 202202 willbe filed for this project.Recommended Action: Adopt a resolution to approve Conditional Use PermitNo. 202201 and Conditional Use Permit No. 202203Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos,Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlinStatus: 6 – 0 – 0 – 1 – PassMinutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of thematter. There were no other speakers and the Public Hearing was closed. Administrative Matters*End of Business Calendar*STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS 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. 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 5 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –5 Planning CommissionRegular Meeting AgendaMarch 14, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA THOMAS MORRISSEYChair, Ward 6 RepresentativeERIC M. ALDERETECitywide Representative BAO PHAMViceChair,Ward 1 RepresentativeMIGUEL CALDERONWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Christina LeonardActing RecordingSecretaryIn 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 on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Thomas Morrissey, ChairBao Pham, ViceChairEric M. AldereteMiguel CalderonMark McLoughlinIsuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Christina LeonardROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from February 28, 2022 meeting. Minutes: Minutes were approved. Chair Morrissey asked for clarification on verbiage andwording of February 28, 2022 Resolutions. Minutes revised for February 28, 2022 meeting, toaccurately reflect the Planning Commission approval. Moved by Commissioner Woo, seconded by Commissioner Alderete toApprove.YES: 5 – Eric Alderete, Miguel Calderon, Tom Morrissey, Isuri Ramos, Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 2 – Mark McLoughlin, Bao PhamStatus: 5 – 0 – 0 – 2 – Passb.Excused AbsencesRecommended Action: Excuse absent commissioners.Minutes: Commissioner McLoughlin absent. Commissioner Bao arrived at 5:42pm. Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos,Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlinStatus: 6 – 0 – 0 – 1 – Pass*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC Reporter on March 3, 2022 andnotices were mailed on said date. 1.Conditional Use Permit No. 202201 and No. 202203 Case Planner, EricMartin to allow the afterhours sale of alcoholic beverages for offsiteconsumption at a new storage and warehouse facility with ancillary retail anddelivery services.Project Location: 2420 Cape Cod WayProject Applicant: Jennifer Oden with Solomon, Saltsman and Jamieson,representing Gopuff (Applicant), on behalf of Rick D. Kagasoff (Property Owner),Proposed Project: The applicant is requesting approval of Conditional UsePermit (CUP) Nos. 202201 and No. 202203 to allow the afterhours sale ofalcoholic beverages for offpremise consumption (Type 21–General OffSale) at anew storage and warehouse facility with ancillary retail and delivery services.Pursuant to Section 41196 of the Santa Ana Municipal Code (SAMC),establishments wishing to sell alcoholic beverages for offpremise consumptionand wishing to sell such beverages between the hours of 12:00 a.m. (midnight)and 7:00 a.m. require approval of respective CUPs.Environmental Impact: The Planning Commission will consider a determinationthat the project is categorically exempt from the California Environmental QualityAct (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Class 1 Existing Facilities. Notice of Exemption, Environmental Review No. 202202 willbe filed for this project.Recommended Action: Adopt a resolution to approve Conditional Use PermitNo. 202201 and Conditional Use Permit No. 202203Moved by Commissioner Woo, seconded by Commissioner Calderon toApprove.YES: 6 – Eric Alderete, Miguel Calderon, Tom Morrissey, Bao Pham, Isuri Ramos,Alan WooNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Mark McLoughlinStatus: 6 – 0 – 0 – 1 – PassMinutes: Recording Security reported that written communication was received. Chair Morrissey opened the Public Hearing. The applicant spoke in favor of thematter. There were no other speakers and the Public Hearing was closed. Administrative Matters*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on March 28, 2022 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.FUTURE AGENDA ITEMSAPPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the tendayappeal period, unless the City Council in compliance with section 41643, 41644 or 41645holds a public hearing on the matter, then the formal action will become effective on the dayfollowing the hearing and decision by the City Council. An appeal from the decision orrequirement of the Planning Commission may be made by any interested party, individual, orgroup. The appeal must be filed with the Clerk of the Council, accompanied by the requiredfiling fee, and a copy sent to the Planning Department, within ten days of the date of theCommission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observedholiday or a day when City hall is closed, the final day to appeal shall be extended to the nextday City Hall is open for public business. Please note: Under California Government CodeSec. 65009, if you challenge in court any of the matters on this agenda for which a publichearing is to be conducted, you may be limited to raising only those issues which you (orsomeone else) raised orally at the public hearing or in written correspondence received bythe Planning Commission or City Council at or before the hearing.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 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: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. 6 Planning Commission 3/14/2022 3/28/2022 Planning Commission a –6 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report March 28, 2022 Topic: CUP No. 2022-06 – 2221 N. Heliotrope Drive RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2022-06 as conditioned. EXECUTIVE SUMMARY Chan Quang and Quynh Dinh Kieu (Property Owners) are requesting approval of Conditional Use Permit (CUP) No. 2022-06 to allow the construction of an accessory structure within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive. Pursuant to Section 41-232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. The accessory structure was originally proposed at a height of 23’-4”. However, after posting of the public hearing notices staff received neighborhood concerns regarding the proposed height. Therefore, staff worked directly with the applicant to reduce the proposed structure height an additional twenty inches, for an overall height of 21’-8”. Staff is recommending approval of the applicant’s request given the reduced height, and due to the proposed project having minimized impacts to surrounding areas and minimal change to the character or identity of the neighborhood. DISCUSSION Project Description The applicant is proposing to construct a freestanding pavilion approximately 205 square feet in size and 21’-8” in height, within the rear yard area of an existing single- family residence. The pavilion is proposed to be located towards the south end of the property, approximately 60 feet from the front (west) property line and 25 feet from the rear (south) property line, behind an existing six foot high stucco wall. The pavilion would also be located approximately 65 feet south from the existing residence and approximately 55 feet from an existing, freestanding one-story garden house on the same property. 3/28/2022 Planning Commission 1 –1 CUP No. 2022-06 – 2221 N. Heliotrope Drive March 28, 2022 Page 2 2 4 8 2 As designed, the structure would be ancillary and subordinate the main single-family residence. The height of the proposed structure in comparison to the main residence is illustrated on the architectural plan set provided by the architect (see Exhibit 4). The height of the existing residence is approximately 25 feet while the tallest point of the pavilion (pavilion roof peak) is proposed to be a maximum of 21’-8”. There are two additional structures on the site, including a freestanding one-story pool house/cabana and a freestanding one-story garden house. The pool house is approximately 13 feet in height, while the garden house is a maximum 15 feet in height to the tallest ridge point. As described by the applicants, the pavilion is currently built in Vietnam. It’s built in a traditional Vietnamese design and was fabricated by Vietnamese artisans. The pavilion structure is proposed to be disassembled, shipped to Santa Ana, and reconstructed on the subject property. As proposed, the pavilion would share a similar design, materials, and cultural characteristics as the existing garden house on the site. Specifically, the structure would include prefabricated wood post members, traditional Vietnamese hand- carved wood details, and would include ceramic roofing tile. Lastly, the installation of the structure would be designed and overseen by a licensed structural engineer and the structure would not include mechanical or plumbing equipment. The structure would include two electrical outlets and limited accent lighting, including two to four light fixtures within the structure and three to six landscape/up- lights at the base. Table 1: Project and Location Information Site and Project Background The site contains a historical structure known as the Maharajah House, which was constructed in 1938 and was placed in the Santa Ana Register of Historical Properties Item Information Project Address and Council Ward 2221 North Heliotrope Drive – Ward 3 Nearest Intersection Santa Clara Avenue and Heliotrope Drive General Plan Designation Low Density Residential (LR-7) Zoning Designation Single-Family Residence (R1) North Single-Family Residences East Single-Family Residences South Single-Family Residences Surrounding Land Uses West Single-Family Residences Property Size 0.90 acres (39,547 square feet) Existing Site Development The subject site is developed with a two-story historic single- family residence known as the Maharajah House. The Maharajah House is individually listed on the Register of Historical Properties as “Landmark.” Use Permissions Allowed with a conditional use permit (CUP) Zoning Code Sections Affected Uses Section 41-232.5 3/28/2022 Planning Commission 1 –2 CUP No. 2022-06 – 2221 N. Heliotrope Drive March 28, 2022 Page 3 2 4 8 2 (“Register”) and categorized as “Landmark” in 2003. The property qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Art Moderne variant of the Moderne style and under Criterion 4b, for its association with a foreign ruling family, the Holkars of Indore, India. Moreover, the property satisfied two criteria for landmark categorization: “unique architectural significance” as an example of the Art Moderne style in Santa Ana and “historic/cultural significance” as the residence of a sitting ruler of Indore. For reference, additional historic information on the property can be found on Exhibits 6 and 7. As mentioned, the subject site was previously improved with a freestanding one-story pool house/cabana built in 1955, and a freestanding one-story garden house with a porch, built in 2004. Similar to the proposed pavilion, the garden house was dismantled, shipped from Vietnam, and reconstructed on the property. The garden house was built in Vietnam circa 1847 and was brought over piece by piece to Santa Ana. At the time, the property owners also imported a bell tower with three 18th- and 19th-century bells, marble sculptures, a collection of 11th-century foo dogs, and a water feature. The building permits for the garden house were reviewed and processed administratively by City staff. Pursuant to Chapter 30 of the SAMC, on-site accessory structures can be reviewed and approved administratively by staff. Therefore, the structure was not required to be reviewed by any discretionary body due to the fact that it’s considered an accessory structure, it was no more than 15 feet in height, and did not physically change and/or alter the Maharajah House. In 2021, the applicant submitted a request to allow construction of the 21’-8” tall pavilion in the property’s rear yard that is the subject of this application. Although accessory structures can be reviewed administratively, accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating the height of accessory structures within single-family residential zones is to minimize impacts to surrounding areas and ensure the structures will provide a positive contribution to neighborhood character and identity. The installation of the proposed structure would not result in a change to the existing land use. Instead, the property will continue to be used as it was historically, as a single-family residence. In addition, the proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts. By locating the 3/28/2022 Planning Commission 1 –3 CUP No. 2022-06 – 2221 N. Heliotrope Drive March 28, 2022 Page 4 2 4 8 2 structure towards the south end of the property, the design limits the potential impacts to the single-family properties located towards the east, along Greenleaf Street. Moreover, by setting back the structure approximately 25 feet from the rear (south) property line, the design limits any potential impacts to the property to the south. Lastly, the design ensures that the neighborhood character is maintained along the front elevation by locating the structure approximately 60 feet from the front property line. Therefore, the construction of the proposed pavilion will not result in a change to the neighborhood character or identity. The property features a deep front yard from the sidewalk to the entrance (between 60- 70 feet), along Heliotrope Drive. The front yard is improved with various mature trees varying in height, including two species of palm trees. In addition, the public right-of-way parkways are improved with mature oak trees along Heliotrope Drive, which further help to minimize the privacy concerns and visual impacts of the proposed structure. The existing landscaping and mature trees are not proposed to be removed or altered. To ensure that the existing landscaping conditions are maintained, staff is recommending a condition of approval requiring that the trees be preserved and protected in place. Moreover, staff is recommending a condition of approval requiring that the applicant plant at least two columnar trees along the front of the existing six-foot high stucco wall, to introduce plant materials with similar heights immediately adjacent to the proposed pavilion. Historic Consideration Although the pavilion’s proposed design (traditional Vietnamese design) differs from the characteristic Art Moderne style of the residence, the structure would not detract from the overall historic significance of the property. With the previous installation of the 1955 pool house, and the Vietnamese one-story garden house, along with the additional Vietnamese antiquities (e.g. bell tower, marble sculptures, 11th-century foo dogs, and a water feature), the site has taken on an eclectic architectural style. Moreover, the pavilion would share a similar design, materials, and cultural characteristics as the existing garden house on the site. Therefore, the addition of the pavilion would complement the site’s various structures. In addition, the installation of the pavilion would not result in any physical alterations to the historic structure. As such, the building will continue to retain all of its character- defining features. Moreover, the structure would not impact any of the view sheds to the Maharajah House, along any public perspectives. As mentioned, the pavilion would be located south of the Maharajah House, 25 feet from the rear (south) property line, behind an existing six-foot high stucco wall. Therefore, all views of the historic structure along Heliotrope Drive and Santa Clara Avenue would remain unimpaired. Chapter 30 of the SAMC defines modification as, “Any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a historic 3/28/2022 Planning Commission 1 –4 CUP No. 2022-06 – 2221 N. Heliotrope Drive March 28, 2022 Page 5 2 4 8 2 structure.” Moreover, Section 30-6 (a) of the SAMC states that, “No exterior physical modifications, other than those identified by the historic resources commission for administrative approval by city staff, shall be permitted with respect to an historic structure until the historic resources commission approves such request at a duly noticed public hearing and issues a certificate of appropriateness.” The structure is not physically altering or changing the exterior of the Maharajah House. Therefore, no additional review by the Historic Resources Commission is required for this project. Finally, the CUP will be consistent with several goals and policies of the General Plan. Policy 3.1 of the Land Use Element encourages development, which provides a positive contribution to neighborhood character and identity. Policy 4.1 of the same element encourages the maintenance of areas of the City with unique characteristics, which contribute positively to the area in which they are located. The proposed accessory structure will contribute to the already eclectic character and identity of the site without negatively affecting any of the adjacent residences or the site’s existing historical structure. Moreover, the installation of the structure will positively contribute to the neighborhood character, which has mix of high-quality architectural styles. Furthermore, Policy 4.2 encourages the retention of historical buildings and sites. The installation of the proposed pavilion structure would not require the removal or alteration of the existing residence, which is an historic structure. The overall design and massing of the new construction will be compatible with, but differentiated from the historic building, in keeping with required historic standards. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 7. At the time this report was printed, staff did receive neighborhoods concerns regarding the proposed CUP. These concerns were regarding the proposed location and/or design as it related to the historical integrity of the Maharajah House. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 2022-11 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. 3/28/2022 Planning Commission 1 –5 CUP No. 2022-06 – 2221 N. Heliotrope Drive March 28, 2022 Page 6 2 4 8 2 EXHIBIT(S) 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photos 4. Plan Set 5. Historic Summary 6. Historic Designation Resolution of Approval 7. Copy of Public Notices Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency 3/28/2022 Planning Commission 1 –6 Resolution No. 2022-XXX Page 1 of 7 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2022-06 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE EXCEEDING FIFTEEN FEET IN HEIGHT WITHIN THE REAR YARD OF THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE. 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. Chan Quang and Quynh Dinh Kieu (Property Owners), are requesting approval of Conditional Use Permit (CUP) No. 2022-06 to allow the construction of an accessory structure exceeding fifteen feet in height, within the rear yard area of an existing single-family residence located at 2221 North Heliotrope Drive. B. Santa Ana Municipal Code (“SAMC”) Section 41-232.5 requires approval of a CUP for accessory buildings more than fifteen feet in height or more than one story. C. The proposed accessory structure would be 21’-8” in height, requiring review and approval of a CUP. D. On March 28, 2022, the Planning Commission held a duly noticed public hearing on CUP No. 2022-06. E. The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2022-06 to allow the construction of an accessory structure exceeding fifteen feet in height at 2221 North Heliotrope Drive. 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed structure, a freestanding pavilion in the rear yard area designed in the traditional Vietnamese style, would have minimal impacts to surrounding areas and would provide a positive contribution to the neighborhood character and identity. In addition, the structure would not result in a change to the existing land use, as the site would continue to be used 3/28/2022 Planning Commission 1 –7 Resolution No. 2022-XXX Page 2 of 7 as a single-family residence. Moreover, the proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts, to ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed construction of the accessory structure will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The structure would be limited in size (205 square feet) and located towards the south end of the property, approximately 60 feet from the front (west) property line and 25 feet from the rear (south) property line, behind an existing six-foot-high stucco wall. Moreover, the structure would be constructed for private use and enjoyment. In addition, the structure would be designed by a licensed structural engineer and would not include mechanical or plumbing equipment. The structure would include two electrical outlets and limited accent lighting, including two to four light fixtures within the structure and three to six landscape/up-lights at the base. However, staff is recommending a condition of approval limiting light intrusion onto neighboring properties. Therefore, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area or future economic development, as this would be a structure constructed for private use and enjoyment by private property owners in a single-family residential area. The pavilion is not intended to be enjoyed or visited by members of the general public and will therefore not change the character of the existing community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed accessory structure will exceed the required regulations or development standards, pursuant to the single- family residential zoning. The structure would be located approximately 60 feet from the front property line, where the minimum setback is 20 feet, and would be located 3/28/2022 Planning Commission 1 –8 Resolution No. 2022-XXX Page 3 of 7 approximately 25 feet from the side (rear) property line, where the minimum is 10 feet. Moreover, the new development will be compatible in scale, and consistent with the mix of architectural styles and character of the neighborhood. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed accessory structure will not adversely affect the General Plan. Policy 3.1 of the Land Use Element encourages development, which provides a positive contribution to neighborhood character and identity. Policy 4.1 of the same element encourages the maintenance of areas of the City with unique characteristics, which contribute positively to the area in which they are located. The proposed structure will contribute to the already eclectic character and identity of the site without negatively affecting any of the adjacent residences. In addition, the installation of the structure will positively contribute to the neighborhood, which has mix of architectural styles. Furthermore, Policy 4.2 encourages the retention of historical buildings and sites. The installation of the proposed structure would not require the removal of any elements of the historic structure. The overall design and massing of the new construction will be compatible with, but differentiated from the historic building, in keeping with required historic standards. 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 15303 (Class 3 – New Construction or Conversion of Small Structures). Class 3 exemption applies to the construction of accessory structures, including but not limited to, garages, carports, patios, swimming pools, and fences. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-11 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, referendum, and other 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 3/28/2022 Planning Commission 1 –9 Resolution No. 2022-XXX Page 4 of 7 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 Conditional Use Permit No. 2022-06, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2221 North Heliotrope Drive. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission Action dated March 28, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of March, 2022 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Thomas Morrissey Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney 3/28/2022 Planning Commission 1 –10 Resolution No. 2022-XXX Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHRISTINA LEONARD, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2022. Date: Recording Secretary City of Santa Ana 3/28/2022 Planning Commission 1 –11 Resolution No. 2022-XXX Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-06 Conditional Use Permit No. 2022-06 to allow the construction of an accessory structure exceeding fifteen feet in height is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Building Standards Code, and all other applicable regulations: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. Any amendment to the design of pavilion, including modifications to approved materials, finishes, architecture, and site plan, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Conditional Use Permit (CUP) must be amended. 2. The pavilion shall be limited in size to 205 square feet, 21’-8” in height, and shall be built in the rear yard, towards the south end of the property. The pavilion shall also maintain a minimum setback of 60 feet from the front (west) property line and 25 feet from the rear (south) property line, within the rear yard. Lastly, the pavilion shall maintain a minimum separation of 65 feet from the existing residence and approximately 55 feet from an existing, freestanding one-story garden house on the same property. 3. Any proposed lighting, including but not limited to, accent lighting within the structure or landscape/up-lights at the base, shall adhere to nighttime by shutoffs 10:00 p.m. to prevent light intrusion onto neighboring properties. 4. Any proposed lighting shall be arranged to prevent direct glare into adjacent dwelling units and onto neighboring uses. A photometric plan shall be required before permit issuance to ensure lighting levels are met and ensure that there is no light intrusion onto neighboring properties. 5. The pavilion shall remain a structure for private use and enjoyment by the private property owners, thereby preserving the community character. The pavilion shall not be designed or be intended for public access or members of the general public. 6. The property owner shall install/plant at minimum two columnar trees along the front of the existing six-foot high stucco wall (west elevation), to introduce plant materials with similar heights immediately adjacent to the proposed pavilion. The final plant species shall be reviewed and approved by planning staff. 3/28/2022 Planning Commission 1 –12 Resolution No. 2022-XXX Page 7 of 7 7. The property owner shall maintain, preserve, and protect all existing landscaping on site, including but not limited to, mature trees, bushes, shrubs, and groundcover. 8. Prior to building permit final, the property shall be brought into full maintenance compliance with all applicable SAMC standards. Maintenance shall include, but is not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the historic building (e.g., siding, windows, historic features); repair and upkeep of exterior paint; landscaping and related landscape, furnishing, and hardscape improvements. 3/28/2022 Planning Commission 1 –13 2/24/22, 11:09 AM . https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 CUP-2022-062221 N. Heliotrope Drive Exhibit 2 - Vicinity and Aerial View ©2022 Digital Map Products.All rights reserved. Santa Ana Boundary Zoning 300 feet 3/28/2022 Planning Commission 1 –14 CUP 2022-06 2221 N. HELIOTROPE DRIVE SITE PHOTOS EXHIBIT 33/28/2022 Planning Commission 1 –15 CUP 2022-06 2221 N. HELIOTROPE DRIVE SITE PHOTOS EXHIBIT 33/28/2022 Planning Commission 1 –16 NOTE: NO PROPOSED CHANGES TO FOOTPRINT OF (E) HOME, OTHER (E) STRUCTURES, OR LANDSCAPING. H E L I O T R O P E D R I V ESANTA CLARA AVENUE(E) 1 STORY GARDEN ROOM - NOT IN SCOPE (E) 2 STORY SINGLE FAMILY RESIDENCE - NOT IN SCOPE (E) 1 STORY POOL HOUSE - NOT IN SCOPE (E) DRIVEWAY (E) WALKWAY90° 00' 00" 224.00' N W 0° 32' 45"166.51'SW0° 00' 00"163.66'SW83° 3 1' 34" 202 .9 9'S W 50° 00' 08"31.19'SE(N) GAZEBO/PAVILION, 205 SQ FT 25.00 6.00APPROX. 38.00 APPROX 83.00 46.11 14.8921.3737.37 52.67(E) STUCCO WALL, 6 FEET TALL SCALE: DATE: NO. ISSUES: DATE DESCRIPTION OWNERS: DR. CHAN KIEU & DR. QUYNH KIEU 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 ARCHITECT: QUENTIN STANTON ARCHITECTURE 1751 COLORADO BLVD. #333 LOS ANGELES, CA 90041 (323)925-7722 Q@QSTANTON.COM STRUCTURAL ENGINEER: NOUS ENGINEERING, INC. 600 WILSHIRE BLVD, SUITE 760 LOS ANGELES, CA 90017 (213)627-6687 HELIOTROPE PAVILION 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 SHEET TITLE: SHEET NUMBER: 12/03/21 PLAN'G DEPT. SUB. 03/23/22 HEIGHT REVISION1 1" = 20'-0" 3/23/2022 7:35:54 PM G000 COVER SHEET 03/23/2022 SHEET LIST - ARCHITECTURAL G000 COVER SHEET G100 ELEVATION FROM HELIOTROPE A101 FLOOR PLAN, SECTION & ELEVATION A110 TYP SLAB DETAILS CONSTRUCTION OF A NEW 205 SQ FT FREESTANDING, UNENCLOSED, NON-HABITABLE PAVILION/GAZEBO IN BACKYARD OF PROPERTY. NO CHANGE TO (E) HOME OR OTHER (E) STRUCTURES ON THE PROPERTY. SCOPE OF WORK PROJECT ADDRESS: 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 ASSESSORS PARCEL NUMBERS: 002-081-45 AND 002-081-46 LEGAL DESCRIPTION:TR 1035 LOT 17, LOT 18 AND LOT 19 GENERAL PLAN LAND USE DESIGNATION: LR 7.0 ZONING DISTRICT: R1 TOTAL LOT SIZE: 39,547 SF (0.908 ACRES) HISTORIC PROPERTY:YES HISTORIC DISTRICT:NO TYPE OF CONSTRUCTION: V-B - NON-SPRINKLERED PROPOSED NUMBER OF STORIES: N/A PROPOSED STRUCTURE HEIGHT:21' - 8" OCCUPANCY OF PROPOSED BUILDING: N/A (ACCESSORY STRUCTURE) OCCUPANCY OF EXISTING STRUCTURES:R-3 PROPOSED EXTERIOR WALL AND ROOF MATERIALS: WALL:N/A, NOT ENCLOSED ROOF: CERAMIC TILE EXISTING BUILDINGS EXTERIOR WALL AND ROOF MATERIALS: WALL: STUCCO ROOF: ASPHALT SHINGLE GOVERNING CODES: 2019 CALIFORNIA RESIDENTIAL CODE (CRC) 2019 CALIFORNIA MECHANICAL CODE (CMC) 2019 CALIFORNIA ELECTRICAL CODE (CEC) 2019 CALIFORNIA PLUMBING CODE (CPC) 2019 CALIFORNIA GREEN BUILDING CODE (CALGREEN) AHJ AND LOCAL CODES AND NFPA CONTRACTOR:TO BE DETERMINED N 2221 N HELIOTROPE DR NOT TO SCALE LEGEND OF PROJECT DATA DRAWING INDEX VICINITY MAP SITE PLAN / PLOT PLAN OWNERS' NAME AND ADDRESS: DR. CHAN KIEU & DR. QUYNH KIEU 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 ARCHITECT / APPLICANT'S NAME AND ADDRESS: QUENTIN STANTON, RA QUENTIN STANTON ARCHITECTURE 323-925-7722 Q@QSTANTON.COM 1751 COLORADO BLVD., #333 LOS ANGELES, CA 90041 STRUCTURAL ENGINEER: OMAR GARZA NOUS ENGINEERING, INC. 213-627-6687 600 WILSHIRE BLVD, SUITE 760 LOS ANGELES, CA 90017 PROJECT TEAM NNTRUEPROJECT 1" = 20'-0"2 SITE PLAN 04/30/2023 1.11 3/28/2022 Planning Commission 1 –17 3/28/2022 Planning Commission 1 –18 GRADE 0' -0" PAVILION ROOF PEAK 21' -8" (N) PAVILION (E) STUCCO WALL, 6 FEET TALL APPROX. TOP OF (E) HOME 25' -0" APPROX. TOP OF (E) HOME 25' -0" NOTE: EXISTING HOME SHOWN FOR MASSING AND SCALE PURPOSES ONLY - ADDITIONAL ARCHITECTURAL DETAILS NOT SHOWN NOTE: HEIGHT OF EXISTING HOME IS SHOWN APPROXIMATELY FOR SCALE (N) LANDSCAPING PLANTED BETWEEN STREET AND GARDEN WALL FOR SCREENING SCALE: DATE: NO. ISSUES: DATE DESCRIPTION OWNERS: DR. CHAN KIEU & DR. QUYNH KIEU 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 ARCHITECT: QUENTIN STANTON ARCHITECTURE 1751 COLORADO BLVD. #333 LOS ANGELES, CA 90041 (323)925-7722 Q@QSTANTON.COM STRUCTURAL ENGINEER: NOUS ENGINEERING, INC. 600 WILSHIRE BLVD, SUITE 760 LOS ANGELES, CA 90017 (213)627-6687 HELIOTROPE PAVILION 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 SHEET TITLE: SHEET NUMBER: 12/03/21 PLAN'G DEPT. SUB. 03/23/22 HEIGHT REVISION1 1/8" = 1'-0" 3/23/2022 7:35:54 PM G100 ELEVATION FROM HELIOTROPE 03/23/2022 1/8" = 1'-0"1 ELEVATION FROM HELIOTROPE - SHOWN WITH HOME 04/30/2023 3/28/2022 Planning Commission 1 –19 A101 3 2 A101 TYP. CONCRETE SLAB ON GRADE LINE OF ROOF ABOVE TYP - CONCRETE EXPANSION JOINTS / CONTRACTION JOINTS, SEE DETAIL ON A110 2% SLOPE2% SLOPE TYP - WEATHERPROOF GFCI ELECTICAL OUTLET, SURFACE MOUNT BOX AND CONDUIT, CENTERLINE OF JBOX TO BE 16" A.F.F. 15' - 4 3/4" TYP. 8' - 10 3/4"TYP. 6' - 0"TYP. 6' - 0"17' - 9 1/4"A101 4 MOUNT DIRECTIONAL EXTERIOR LIGHT FIXTURE ABOVE ELECTRICAL OUTLET, CENTERLINE OF FIXTURE TO BE 24" A.F.F. MOUNT DIRECTIONAL EXTERIOR LIGHT FIXTURE ABOVE ELECTRICAL OUTLET, CENTERLINE OF FIXTURE TO BE 24" A.F.F. GRADE 0' -0" PAVILION ROOF PEAK 21' -8" SEE STRUCT DWG'S FOR FOUNDATION DESIGN AND OTHER DETAILING PREFABRICATED WOOD PAVILION CERAMIC ROOFING TILE 5' - 10 3/4"3' - 9 1/4"5' - 0 3/4"6' - 11 1/4"THREE (3) DIRECTIONAL EXTERIOR LIGHT FIXTURES (FOR ACCENT LIGHTING), MOUNTED TO TOP OF BEAMS AT FIRST TIER OF ROOFING. LIGHT TO BE DIRECTED UPWARDS TO UNDERSIDE OF ROOF. GRADE 0' -0" PAVILION ROOF PEAK 21' -8" NOTE: PAVILION DESIGN IS THE SAME ON ALL ELEVATIONS (N, S, E, W). ELEVATION SHOWN IN THIS DRAWING IS TYPICAL FOR ALL SIDES. SEE STRUCT DWG'S FOR FOUNDATION DESIGN AND OTHER DETAILING PREFABRICATED WOOD PAVILION CERAMIC ROOFING TILE GRADE 0' -0" PAVILION ROOF PEAK 21' -8" NOTE: PAVILION DESIGN IS THE SAME ON ALL ELEVATIONS (N, S, E, W). ELEVATION SHOWN IN THIS DRAWING IS TYPICAL FOR ALL SIDES. SEE STRUCT DWG'S FOR FOUNDATION DESIGN AND OTHER DETAILING PREFABRICATED WOOD PAVILION CERAMIC ROOFING TILE 0' - 11 3/4" 5' - 8 1/2" 12' - 8 1/4" 10' - 9 1/2"14' - 0 1/4"SCALE: DATE: NO. ISSUES: DATE DESCRIPTION OWNERS: DR. CHAN KIEU & DR. QUYNH KIEU 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 ARCHITECT: QUENTIN STANTON ARCHITECTURE 1751 COLORADO BLVD. #333 LOS ANGELES, CA 90041 (323)925-7722 Q@QSTANTON.COM STRUCTURAL ENGINEER: NOUS ENGINEERING, INC. 600 WILSHIRE BLVD, SUITE 760 LOS ANGELES, CA 90017 (213)627-6687 HELIOTROPE PAVILION 2221 N. HELIOTROPE DR SANTA ANA, CA 92706 SHEET TITLE: SHEET NUMBER: 12/03/21 PLAN'G DEPT. SUB. 03/23/22 HEIGHT REVISION1 1/4" = 1'-0" 3/23/2022 7:35:53 PM A101 FLOOR PLAN, SECTION & ELEVATION 03/23/2022 1/4" = 1'-0"1 FLOOR PLAN MECHANICAL/ELECTICAL/PLUMBING: - NO MECH OR PLUMBING WORK PROPOSED. - PROVIDE TWO GFCI ELECTRICAL RECEPTACLES IN WEATHERPROOF ENCLOSURE. SEE FLOOR PLAN.NNTRUEPROJECT 1/4" = 1'-0"2 SECTION N/S 1/4" = 1'-0"3 ELEVATION - TYP NOTE: - VERIFY DIMENSIONS OF PRECUT MEMBERS BEFORE FOUNDATION WORK (OR ANY OTHER WORK THAT RELIES ON FIT OR ALIGNMENT WITH PRECUT MEMBERS). 1/4" = 1'-0"4 ELEVATION - TYP (COLORED) LIGHTING: - PROVIDE TIMER FOR LIGHTING, AUTO SHUTOFF OF PAVILION LIGHTING TO OCCUR PER ZONING REQUIREMENTS. - ALL LIGHTS TO BE LED, 2700 OR 3000 KELVIN COLOR TEMPERATURE, MAX 800 LUMENS PER FIXTURE. 04/30/2023 3/28/2022 Planning Commission 1 –20 EXECUTIVE SUMMARY THE MAHARAJAH HOUSE 2221 North Heliotrope Drive Santa Ana, CA 92706 NAME Maharajah House REF. NO. ADDRESS 2221 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION B,C NATIONAL REGISTER STATUS CODE 3S Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Moderne The Moderne style encompassed the Modernistic, Streamlined Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamlined Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamlined Moderne emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamlined Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The Maharajah House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the Art Moderne variant of the Moderne style, and under Criterion 4b, for its association with a foreign ruling family, the Holkars of Indore, India. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic associations with prominent residents. Additionally, the house has been categorized as “Landmark” for its unique architectural significance as an example of the Art Moderne variant of the Moderne style and its historic/cultural significance to City as the “castle” of a sitting ruler. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. 3/28/2022 Planning Commission 1 –21 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Maharajah House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Date: *c. Address 2221 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number: 002-081-45; TR 1036 Lot: 18 and Lot: 19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on a double lot on the southeast corner of Heliotrope Drive and Santa Clara Avenue, the Maharajah House is a two- story residence representative of the Art Moderne variant of the Moderne style. A flat roof accented by a thin band at the roofline tops the “T” shaped building, which is finished in smooth stucco. Walls extend to the north and south to enclose gardens and patios. The massing of the structure suggests an assemblage of cubic volumes and reflects the influence of the emerging International Style of architecture. The northwest and southwest corners of the second story of the facade are cut away, creating terraces that are seamlessly integrated into the massing. Horizontal lines are emphasized through the roofline banding, similar banding around the terrace parapets, and architectural details such as window grilles and canopies. A notable feature, and one highly characteristic of the style, is the use of multi-light metal casement windows that wrap the corners of the building. Located at the approximate center of the façade and flanked by pilasters scored to resemble masonry, the tripartite entry is deeply recessed and decorated in an intricate, geometric pattern. An alleé of palms is paved in stone and spans the deep front lawn from the sidewalk to the entrance. On the north elevation, painted wrought iron gates shield the garage. On the south, a bronze equestrian statue is just visible behind the garden wall. In excellent condition, the property is substantially unaltered on the exterior. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South and west elevations April 2003 *P6. Date Constructed/Age and Sources: historic 1938/Source: City of Santa Ana Building Permits *P7. Owner and Address: Chan Q & Quynh Kieu 2221 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 25, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo 3/28/2022 Planning Commission 1 –22 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_3S_________________________ *Resource Name or #: Maharajah House B1. Historic Name: Maharajah House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Moderne *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1938-1939. December 14, 1938. 12 room frame & stucco residence and garages. May 6, 1941. Reroof. March 15, 1955. Swimming pool. May 24, 1955. Cabana for swimming pool. January 24, 1989. 6’ high bolock wall. July 21, 1993. Add 2 bedrooms and 1 bath, 319 square feet. September 15, 1997. Reroof. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: Garage, garden walls, mature landscaping, statue if original. B9a. Architect: Donald Beach Kirby b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: B, C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Maharajah House is architecturally significant as an exceptional example of the residential use of the Art Moderne variant of the Moderne style, one of the best in Orange County. It is historically significant for its association with the Maharajah of Indore, the hereditary ruler of a central Indian state and reputedly one of the richest men in the world at time. Designed by architect Donald Beach Kirby of Balboa, the house was built in 1938-1939 by prominent Santa Ana contractor Allison Honer for $40,000 according to the building permit, although the local press reported the cost of construction as $50,000 and of the furnishings as $150,000. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: May 25, 2003 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) MAHARAJAH HOUSE 2221 NORTH HELIOTROPE DRIVE 3/28/2022 Planning Commission 1 –23 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name or # (Assigned by recorder) Maharajah House *Recorded by Leslie J. Heumann, SAIC *Date May 25, 2003 ⌧ Continuation Update DPR 523L *B10. Significance (continued): Even before the house was constructed, Yeshwant Rao Holkar, the Maharajah, had captured the public imagination. Educated at Oxford, the Maharajah had been traveling in the United States in 1936, had taken ill in Los Angeles, and had been nursed by Marguerite Lawler Branyan, an American divorcee. They married in 1938, following the death of the Maharajah’s first wife in 1937. In search of a safe haven prior to the beginning of World War II, the Maharajah decided to settle his young daughter, Princess Usha, and his new wife in Santa Ana. The large home, one of several owned by the Maharajah, was protected by high walls and by interior and exterior gates. According to one account, the Maharajah’s instructions to Allison Honer, the prominent Orange County builder who lived across the street from the property at 615 West Santa Clara Avenue, were to build a modern, but not too severe refuge. Lavishly appointed, the house contained, in 1986 when it was the International Society of Interior Designers Orange County Chapter Design House: three bedroom suites, eight bathrooms, four fireplaces, a grand foyer, spacious living room, formal dining room, library, solarium, kitchen, butler’s pantry, pool house (added later), servants’ and guards’ quarters, and an attached garage. Said to be a progressive ruler who instituted many reforms, the Maharajah had governed Indore since the abdication of his father in his favor in 1926. The Maharajah and his American Maharani returned to India following an only one-year residence in the house, leaving Princess Usha in the care of a governess in Santa Ana, where she continued to attend public schools. The pair divorced in 1943. The Maharajah married again, to another American, who bore him four children including a male heir, but Princess Usha, as the only offspring born of an Indian woman, succeeded her father as ruler in 1961 following the death of her father. Marguerite, who also remarried, remained in the house until 1952. As of 1994, according to one account (Marsh), Princess Usha occupied one of the Holkar’s hereditary palaces in India, although, other information (“Indore: The Holkar Dynasty”) indicates that she was stripped of her rank and titles by the Indian state in 1970 The Maharajah House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Maharajah House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Art Moderne variant of the Moderne style and under Criterion 4b for its association with a foreign ruling family, the Holkars of Indore, India. Architecturally, the house is distinguished by its scale, massing, horizontal lines, use of characteristic features such as corner casement windows, and its fortress-like quality. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic associations with prominent residents. Additionally, the house has been categorized as “Landmark” for its unique architectural significance as an example of the Art Moderne variant of the Moderne style and its historic/cultural significance to City as the “castle” of a sitting ruler. All original exterior features of the Maharajah House are considered character defining and should be preserved. These features include, but may not be limited to: materials and finishes (stucco, wrought iron); roof configuration, materials, and treatment; massing and composition; entry, doors and windows; terraces and walled gardens; architectural detailing (banding, window grilles, canopies, entry surround); chimneys and fireplaces; attached garage; original landscaping; and any original interior materials, spaces, finishes, and furnishings. 3/28/2022 Planning Commission 1 –24 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name or # (Assigned by recorder) Maharajah House *Recorded by Leslie J. Heumann, SAIC *Date May 25, 2003 ⌧ Continuation Update DPR 523L *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. “Builder of Honer Plaza Dies,” Orange County Register, September 15, 1981. “History of Floral Park.” http://www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I. Whittier, Historical Publishers, 1963. Pleasants, Mrs. J. E. History of Orange County, California, volume 3. Los Angeles: J. R. Finnell & Sons, 1931. Orange County Directories, 1928-1952. Dodd, Richard H. “Art Moderne Style: Fit For a Prince.” Orange County Home, Volume 4 Number 5, May 2003. Farrar, Robert S. “In the Days of the Maharajah . . . Santa Ana’s Storybook Romance.” Orange County Illustrated, October 1972. “India Princess, 5, Will Have a $50,000 Home in Santa Ana.” Los Angeles Examiner, December 16, 1938. “Maharajah’s $50,000 Palace to be Built in Santa Ana.” Santa Ana Daily Register, December 15, 1938. “Where a Maharajah Lives in California.” Los Angeles Times, August 4, 1940. International Society of Interior Designers Orange County Chapter. “Design House 1986.” Brochure. “Indore.” www.maharaja.freewerve.co.uk/indore.html. “Indore: The Holkar Dynasty.” www.dreamwater.net/regiment/RoyalArk/India/indore4.htm. “Once upon a time in Indore.” www.rediff.com/election/1999/sep/15column.htm. P5b. Photograph: North and west elevations, April 2003. 3/28/2022 Planning Commission 1 –25 3/28/2022 Planning Commission 1 –26 3/28/2022 Planning Commission 1 –27 3/28/2022 Planning Commission 1 –28 3/28/2022 Planning Commission 1 –29 3/28/2022 Planning Commission 1 –30 3/28/2022 Planning Commission 1 –31 3/28/2022 Planning Commission 1 –32 3/28/2022 Planning Commission 1 –33 3/28/2022 Planning Commission 1 –34 3/28/2022 Planning Commission 1 –35 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 CHRISTINA LEONARD CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 2221 N. Heliotrope Dr. 03/16/2022 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 3566077 !A000005965230! 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 contact us prior to the Public 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:2221 N Heliotrope Drive Project Applicant:Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project:The applicant is requesting approval of Conditional Use Permit (CUP)No.2022-06 to allow the construction of an accessory structure 23’ –4”in height within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive.Pursuant to Section 41-232.5 of the Santa Ana Municipal Code (SAMC),accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures)because the project involves the construction of a small accessory structure.Based on this analysis,Notice of Exemption, Environmental Review No.2022-11 will be filed for this project. Meeting Details:This matter will be heard on Monday,March 28,2022 at 5:30 p.m.ROSS ANNEX 20 Civic Center Plaza,Room 1600 Santa Ana,CA 92701.Members of the public may attend this meeting in- person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa-ana.org/pb/meeting- participation. Written Comments:If you are unable to participate in the 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 Christina Leonard, Recording Secretary,City of Santa Ana, 20 Civic Center Plaza –M20,Santa Ana, CA 92701.Deadline to submit written comments is 4:00 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. Where To 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:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. 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 preguntas en español,favor de llamar a Narcedalia Perez (714)667- 2260.. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. Internal Reference Only: REF# Publish:OC Reporter Date:March 16,2022 3/16/22 OR-3566077# 3/28/2022 Planning Commission 1 –36 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba 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. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public 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: 2221 N. Heliotrope Drive Project Applicant: Chan Quang and Quynh Dinh Kieu (Property Owners) Proposed Project: The applicant is requesting approval of Conditional Use Permit (CUP) No. 2022- 06 to allow the construction of an accessory structure 23’ – 4” in height within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive. Pursuant to Section 41-232.5 of the Santa Ana Municipal Code (SAMC), accessory buildings more than fifteen feet in height or more than one story require approval of a 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 15303 of the CEQA Guidelines (Class 3/New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. Based on this analysis, Notice of Exemption, Environmental Review No. 2022-11 will be filed for this project. Meeting Details: This matter will be heard on Monday, March 28, 2022 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the 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 Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 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. Where To 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: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa-ana.org or 714-667-2790. 3/28/2022 Planning Commission 1 –37 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 preguntas en español, favor de llamar a Narcedalia Perez (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: March 16, 2022 3/28/2022 Planning Commission 1 –38 On-Site Posting – 2221 N. Heliotrope Drive – March 17, 2022 3/28/2022 Planning Commission 1 –39 On-Site Posting – 2221 N. Heliotrope Drive – March 17, 2022 3/28/2022 Planning Commission 1 –40