HomeMy WebLinkAbout6.26.23 Minutes (Final)Planning Commission
Regular Meeting Agenda Minutes
June 26, 2023
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
BAO PHAM
Chair, Ward 1 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
JENNIFER OLIVA
Ward 6 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
John Funk
Legal Counsel
Ali Pezeshkpour, AICP
Planning Manager
Nuvia Ocampo
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: Bao Pham, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benninger
Jennifer Oliva
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney John Funk
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:35 pm
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS (non agenda items)
Minutes: No public comments were provided by residents.
CONSENT CALENDAR ITEMS
a.Minutes
Recommended Action: Approve Minutes from the last meeting.
b.Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Leo to Approve
Consent Calendar items.
YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Jennifer
Oliva, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USE
PERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)
ZONING DISTRICT.
Project Location: 2230 North Tustin Avenue located within the Arterial
Commercial (C5) zoning code
Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC
(Property Owner)
Proposed Project: Applicant is proposing to modify Conditional Use Permit No.
201941 to construct a new service station with a 2,880squarefoot canopy and a
2,150 square foot minimart. A conditional use permit is required to allow a
service station in the C5 zone. A second conditional use permit is required for
businesses requiring a regional, state, or federal permit to discharge, handle, emit,
or store regulated compounds, materials, or substances and which are located
within 500 feet of a school, public park, or residence.
*Environmental Impact:Pursuant to the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the project is exempt from further review and
Categorical Exemption ER No. 201783 will be filed for this project.
Recommended Action:
Adopt a Resolution approving Conditional Use Permit No. 201941MOD1
as conditioned.
Adopt a Resolution approving Conditional Use Permit No. 202303 as
conditioned.
Minutes:
The commission had questions for staff. The applicant spoke in favor of the
project. Resident, Kim Cordoba, spoke in opposition to the project. Residents
spoke via Zoom in opposition to the project. 24 public comments were received
prior to the meeting, all in opposition to the project
Motion to Approve the Item Failed.
Moved by Commissioner Leo, seconded by Commissioner Benninger to
Approved as amended.
YES: 2 – Christopher Leo, Carl Benninger
NO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
ABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – Fail
Moved by Commissioner Escamilla, seconded by Commissioner Ramos to
Deny.
YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
NO: 2 – Christopher Leo, Carl Benninger
ABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass
*End of Business Calendar*
STAFF COMMENTS
COMMISSIONER COMMENTS
ADJOURNMENT
The next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:59 pm
FUTURE AGENDA ITEMS
700 North Main Street, Unit A – Conditional Use Permit No. 202314
Election of Officers
Chair
ViceChair
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 Nuvia Ocampo, 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
6/26/2023
Planning CommissionRegular Meeting Agenda MinutesJune 26, 20235:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeJENNIFER OLIVAWard 6 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, Chair
Manuel J. Escamilla
Christopher Leo
Carl Benninger
Jennifer Oliva
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney John Funk
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:35 pm
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS (non agenda items)
Minutes: No public comments were provided by residents.
CONSENT CALENDAR ITEMS
a.Minutes
Recommended Action: Approve Minutes from the last meeting.
b.Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Leo to Approve
Consent Calendar items.
YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Jennifer
Oliva, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USE
PERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)
ZONING DISTRICT.
Project Location: 2230 North Tustin Avenue located within the Arterial
Commercial (C5) zoning code
Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC
(Property Owner)
Proposed Project: Applicant is proposing to modify Conditional Use Permit No.
201941 to construct a new service station with a 2,880squarefoot canopy and a
2,150 square foot minimart. A conditional use permit is required to allow a
service station in the C5 zone. A second conditional use permit is required for
businesses requiring a regional, state, or federal permit to discharge, handle, emit,
or store regulated compounds, materials, or substances and which are located
within 500 feet of a school, public park, or residence.
*Environmental Impact:Pursuant to the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the project is exempt from further review and
Categorical Exemption ER No. 201783 will be filed for this project.
Recommended Action:
Adopt a Resolution approving Conditional Use Permit No. 201941MOD1
as conditioned.
Adopt a Resolution approving Conditional Use Permit No. 202303 as
conditioned.
Minutes:
The commission had questions for staff. The applicant spoke in favor of the
project. Resident, Kim Cordoba, spoke in opposition to the project. Residents
spoke via Zoom in opposition to the project. 24 public comments were received
prior to the meeting, all in opposition to the project
Motion to Approve the Item Failed.
Moved by Commissioner Leo, seconded by Commissioner Benninger to
Approved as amended.
YES: 2 – Christopher Leo, Carl Benninger
NO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
ABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – Fail
Moved by Commissioner Escamilla, seconded by Commissioner Ramos to
Deny.
YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
NO: 2 – Christopher Leo, Carl Benninger
ABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass
*End of Business Calendar*
STAFF COMMENTS
COMMISSIONER COMMENTS
ADJOURNMENT
The next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:59 pm
FUTURE AGENDA ITEMS
700 North Main Street, Unit A – Conditional Use Permit No. 202314
Election of Officers
Chair
ViceChair
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 Nuvia Ocampo, 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
6/26/2023
Planning CommissionRegular Meeting Agenda MinutesJune 26, 20235:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeJENNIFER OLIVAWard 6 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, ChairManuel J. EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney John FunkPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 pmPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)Minutes: No public comments were provided by residents.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the last meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Leo to ApproveConsent Calendar items.
YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, Jennifer
Oliva, Carl Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USE
PERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)
ZONING DISTRICT.
Project Location: 2230 North Tustin Avenue located within the Arterial
Commercial (C5) zoning code
Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC
(Property Owner)
Proposed Project: Applicant is proposing to modify Conditional Use Permit No.
201941 to construct a new service station with a 2,880squarefoot canopy and a
2,150 square foot minimart. A conditional use permit is required to allow a
service station in the C5 zone. A second conditional use permit is required for
businesses requiring a regional, state, or federal permit to discharge, handle, emit,
or store regulated compounds, materials, or substances and which are located
within 500 feet of a school, public park, or residence.
*Environmental Impact:Pursuant to the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the project is exempt from further review and
Categorical Exemption ER No. 201783 will be filed for this project.
Recommended Action:
Adopt a Resolution approving Conditional Use Permit No. 201941MOD1
as conditioned.
Adopt a Resolution approving Conditional Use Permit No. 202303 as
conditioned.
Minutes:
The commission had questions for staff. The applicant spoke in favor of the
project. Resident, Kim Cordoba, spoke in opposition to the project. Residents
spoke via Zoom in opposition to the project. 24 public comments were received
prior to the meeting, all in opposition to the project
Motion to Approve the Item Failed.
Moved by Commissioner Leo, seconded by Commissioner Benninger to
Approved as amended.
YES: 2 – Christopher Leo, Carl Benninger
NO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
ABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – Fail
Moved by Commissioner Escamilla, seconded by Commissioner Ramos to
Deny.
YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
NO: 2 – Christopher Leo, Carl Benninger
ABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass
*End of Business Calendar*
STAFF COMMENTS
COMMISSIONER COMMENTS
ADJOURNMENT
The next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:59 pm
FUTURE AGENDA ITEMS
700 North Main Street, Unit A – Conditional Use Permit No. 202314
Election of Officers
Chair
ViceChair
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 Nuvia Ocampo, 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
6/26/2023
Planning CommissionRegular Meeting Agenda MinutesJune 26, 20235:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeJENNIFER OLIVAWard 6 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, ChairManuel J. EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney John FunkPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 pmPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)Minutes: No public comments were provided by residents.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the last meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Leo to ApproveConsent Calendar items.YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, JenniferOliva, Carl BenningerNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 andnotices were mailed on said date.1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USEPERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTHTUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)ZONING DISTRICT.Project Location: 2230 North Tustin Avenue located within the ArterialCommercial (C5) zoning codeProject Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC(Property Owner)Proposed Project: Applicant is proposing to modify Conditional Use Permit No.201941 to construct a new service station with a 2,880squarefoot canopy and a2,150 square foot minimart. A conditional use permit is required to allow aservice station in the C5 zone. A second conditional use permit is required forbusinesses requiring a regional, state, or federal permit to discharge, handle, emit,or store regulated compounds, materials, or substances and which are locatedwithin 500 feet of a school, public park, or residence.*Environmental Impact:Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further review andCategorical Exemption ER No. 201783 will be filed for this project.Recommended Action:Adopt a Resolution approving Conditional Use Permit No. 201941MOD1
as conditioned.
Adopt a Resolution approving Conditional Use Permit No. 202303 as
conditioned.
Minutes:
The commission had questions for staff. The applicant spoke in favor of the
project. Resident, Kim Cordoba, spoke in opposition to the project. Residents
spoke via Zoom in opposition to the project. 24 public comments were received
prior to the meeting, all in opposition to the project
Motion to Approve the Item Failed.
Moved by Commissioner Leo, seconded by Commissioner Benninger to
Approved as amended.
YES: 2 – Christopher Leo, Carl Benninger
NO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
ABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – Fail
Moved by Commissioner Escamilla, seconded by Commissioner Ramos to
Deny.
YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva
NO: 2 – Christopher Leo, Carl Benninger
ABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass
*End of Business Calendar*
STAFF COMMENTS
COMMISSIONER COMMENTS
ADJOURNMENT
The next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:59 pm
FUTURE AGENDA ITEMS
700 North Main Street, Unit A – Conditional Use Permit No. 202314
Election of Officers
Chair
ViceChair
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 Nuvia Ocampo, 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
6/26/2023
Planning CommissionRegular Meeting Agenda MinutesJune 26, 20235:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeJENNIFER OLIVAWard 6 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, ChairManuel J. EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney John FunkPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 pmPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)Minutes: No public comments were provided by residents.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the last meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Leo to ApproveConsent Calendar items.YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, JenniferOliva, Carl BenningerNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 andnotices were mailed on said date.1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USEPERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTHTUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)ZONING DISTRICT.Project Location: 2230 North Tustin Avenue located within the ArterialCommercial (C5) zoning codeProject Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC(Property Owner)Proposed Project: Applicant is proposing to modify Conditional Use Permit No.201941 to construct a new service station with a 2,880squarefoot canopy and a2,150 square foot minimart. A conditional use permit is required to allow aservice station in the C5 zone. A second conditional use permit is required forbusinesses requiring a regional, state, or federal permit to discharge, handle, emit,or store regulated compounds, materials, or substances and which are locatedwithin 500 feet of a school, public park, or residence.*Environmental Impact:Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further review andCategorical Exemption ER No. 201783 will be filed for this project.Recommended Action:Adopt a Resolution approving Conditional Use Permit No. 201941MOD1as conditioned.Adopt a Resolution approving Conditional Use Permit No. 202303 asconditioned. Minutes: The commission had questions for staff. The applicant spoke in favor of theproject. Resident, Kim Cordoba, spoke in opposition to the project. Residentsspoke via Zoom in opposition to the project. 24 public comments were receivedprior to the meeting, all in opposition to the projectMotion to Approve the Item Failed.Moved by Commissioner Leo, seconded by Commissioner Benninger toApproved as amended.YES: 2 – Christopher Leo, Carl BenningerNO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer OlivaABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – FailMoved by Commissioner Escamilla, seconded by Commissioner Ramos toDeny.YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer OlivaNO: 2 – Christopher Leo, Carl BenningerABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.Minutes: Meeting was adjourned at 6:59 pm FUTURE AGENDA ITEMS700 North Main Street, Unit A – Conditional Use Permit No. 202314Election of OfficersChairViceChair
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 Nuvia Ocampo, 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
6/26/2023
Planning CommissionRegular Meeting Agenda MinutesJune 26, 20235:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA BAO PHAMChair, Ward 1 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeJENNIFER OLIVAWard 6 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJohn FunkLegal Counsel Ali Pezeshkpour, AICPPlanning Manager Nuvia OcampoRecording 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: Bao Pham, ChairManuel J. EscamillaChristopher LeoCarl BenningerJennifer OlivaIsuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney John FunkPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:35 pmPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)Minutes: No public comments were provided by residents.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from the last meeting. b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Leo to ApproveConsent Calendar items.YES: 7 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Manuel J. Escamilla, JenniferOliva, Carl BenningerNO: 0 – ABSTAIN: 0 – ABSENT: 0 – Status: 7 – 0 – 0 – 0 – 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 June 15, 2023 andnotices were mailed on said date.1.CONDITIONAL USE PERMIT NO. 201941MOD1 AND CONDITIONAL USEPERMIT NO. 202303 FOR THE PROPERTY LOCATED AT 2230 NORTHTUSTIN AVENUE LOCATED WITHIN THE ARTERIAL COMMERCIAL (C5)ZONING DISTRICT.Project Location: 2230 North Tustin Avenue located within the ArterialCommercial (C5) zoning codeProject Applicant: Fred Cohen (Applicant) Heinecke Gould Properties, LLC(Property Owner)Proposed Project: Applicant is proposing to modify Conditional Use Permit No.201941 to construct a new service station with a 2,880squarefoot canopy and a2,150 square foot minimart. A conditional use permit is required to allow aservice station in the C5 zone. A second conditional use permit is required forbusinesses requiring a regional, state, or federal permit to discharge, handle, emit,or store regulated compounds, materials, or substances and which are locatedwithin 500 feet of a school, public park, or residence.*Environmental Impact:Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further review andCategorical Exemption ER No. 201783 will be filed for this project.Recommended Action:Adopt a Resolution approving Conditional Use Permit No. 201941MOD1as conditioned.Adopt a Resolution approving Conditional Use Permit No. 202303 asconditioned. Minutes: The commission had questions for staff. The applicant spoke in favor of theproject. Resident, Kim Cordoba, spoke in opposition to the project. Residentsspoke via Zoom in opposition to the project. 24 public comments were receivedprior to the meeting, all in opposition to the projectMotion to Approve the Item Failed.Moved by Commissioner Leo, seconded by Commissioner Benninger toApproved as amended.YES: 2 – Christopher Leo, Carl BenningerNO: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer OlivaABSTAIN: 0 – ABSENT: 0 – Status: 2 – 5 – 0 – 0 – FailMoved by Commissioner Escamilla, seconded by Commissioner Ramos toDeny.YES: 5 – Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer OlivaNO: 2 – Christopher Leo, Carl BenningerABSTAIN: 0 – ABSENT: 0 – Status: 5 – 2 – 0 – 0 – Pass*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on July 10, 2023 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.Minutes: Meeting was adjourned at 6:59 pm FUTURE AGENDA ITEMS700 North Main Street, Unit A – Conditional Use Permit No. 202314Election of OfficersChairViceChairAPPEAL 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 isdiscussed, click on the button next to your name to virtually raise your hand and let us knowyou wish to speak. You will have 3 minutes.3. Dialing in from a mobile phone or landline:Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed atthe top of this agenda.To speak during the meeting: When you wish to comment on an item that is being 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 Nuvia Ocampo, 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
6/26/2023