HomeMy WebLinkAboutMinutes 7.22.24 (Final)Planning Commission
Regular Meeting Agenda Minutes
July 22, 2024
5:30 P.M.
Council Chamber
22 Civic Center Plaza
Santa Ana, CA
JENNIFER OLIVA
Chair, Ward 6 Representative
ISURI S. RAMOS
ViceChair,
Ward 3 Representative
CHRISTOPHER LEO
Citywide Representative
MANUEL J. ESCAMILLA
Ward 2 Representative
CARL BENNINGER
Ward 4 Representative
BAO PHAM
Ward 1 Representative
ALAN WOO
Ward 5 Representative
Minh Thai
Executive Director
Jose Montoya
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: Jennifer Oliva, Chair
Manuel Escamilla
Christopher Leo
Carl Benninger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Jose Montoya
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:31 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a.Minutes
Recommended Action: Approve Minutes from July 8, 2024.
b.Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve
Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
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 July 12, 2024 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THE
PROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATED
WITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.
Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf of
PR/ Broadstone Heritage I, LLC. (Property Owner)
Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)
202409 to allow the sale of alcoholic beverages for offpremises consumption through
the operation of a Type21 Alcoholic Beverage Control license and Conditional Use
Permit (CUP) No. 202410 to allow afterhours operations at a proposed convenience
store (Nexus Market). In addition, approval to make a determination of Public
Convenience or Necessity (PCN) to allow the sale of alcoholic beverages for off
premises consumption is required.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),
the project is categorically exempt from further review pursuant to Section 15301 (Class
1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filed
for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202409 for
a Type21 ABC License as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 202410 for
AfterHours operation as conditioned.
3. Authorize staff to issue a Letter of Public Convenience or Necessity to
the State Department of Alcoholic Beverage Control.
Minutes: Commission had questions for staff.
Staff answered questions from Commission.
Moved by Commissioner Benninger, seconded by Commissioner Leo to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Regular Business
2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 2024
01 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVE
AND FORMER CHURCH STREET
Project Applicant: Community Development Agency of the City of Santa Ana
Proposed Project: The Community Development Agency of the City of Santa Ana is
requesting to vacate former Church Street and excess Civic Center Drive right of way
containing a driveway and raised planters south of the YMCA building at 209 West Civic
Center Drive. The City has no current or prospective use for the portion of street right of
way to be vacated, and the space will revert to and be conveyed to the property owner
at 209 West Civic Center Drive.
Environmental Impact: The proposed vacation of the Vacation Area is exempt from
review under the California Environmental Quality Act pursuant to section 15061(b)(3) of
the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that it will have a significant impact on the environment. The proposed
vacation is also exempt from CEQA review under section 15305 of the State CEQA
Guidelines.
Recommended Action:
1. Adopt a resolution finding that Abandonment No. 202401 is consistent
with the General Plan
Minutes: Commission had questions for staff.
Public Works Agency Development Manager, Monica Sutter, answered
questions from Commission.
Moved by Commissioner Pham, seconded by Commissioner Benninger to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Administrative Matters
Request for presentation from the Orange County Fire Authority (OCFA) –
Commissioner Benninger
Minutes: Planning and Building Agency Executive Director, Minh Thai, shared that
Orange County Fire Authority (OCFA) is completing assessment and facilities master
plan that would be completed in 5 to 6 months.
Commissioner Benninger will wait for completion of assessment to request a
presentation.
*End of Business Calendar*
STAFF COMMENTS
Minutes: None.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:06 p.m.
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 3:30 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
7/22/2024
Planning CommissionRegular Meeting Agenda MinutesJuly 22, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 1 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal 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: Jennifer Oliva, Chair
Manuel Escamilla
Christopher Leo
Carl Benninger
Bao Pham
Isuri S. Ramos
Alan Woo
Executive Director Minh Thai
Chief Asst. City Attorney Jose Montoya
Planning Manager Ali Pezeshkpour, AICP
Recording Secretary Nuvia Ocampo
ROLL CALL
Minutes: Quorum was reached at 5:31 p.m.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Minutes: None.
CONSENT CALENDAR ITEMS
a.Minutes
Recommended Action: Approve Minutes from July 8, 2024.
b.Excused Absences
Recommended Action: Excuse absent commissioners.
Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve
Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
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 July 12, 2024 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THE
PROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATED
WITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.
Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf of
PR/ Broadstone Heritage I, LLC. (Property Owner)
Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)
202409 to allow the sale of alcoholic beverages for offpremises consumption through
the operation of a Type21 Alcoholic Beverage Control license and Conditional Use
Permit (CUP) No. 202410 to allow afterhours operations at a proposed convenience
store (Nexus Market). In addition, approval to make a determination of Public
Convenience or Necessity (PCN) to allow the sale of alcoholic beverages for off
premises consumption is required.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),
the project is categorically exempt from further review pursuant to Section 15301 (Class
1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filed
for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202409 for
a Type21 ABC License as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 202410 for
AfterHours operation as conditioned.
3. Authorize staff to issue a Letter of Public Convenience or Necessity to
the State Department of Alcoholic Beverage Control.
Minutes: Commission had questions for staff.
Staff answered questions from Commission.
Moved by Commissioner Benninger, seconded by Commissioner Leo to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Regular Business
2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 2024
01 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVE
AND FORMER CHURCH STREET
Project Applicant: Community Development Agency of the City of Santa Ana
Proposed Project: The Community Development Agency of the City of Santa Ana is
requesting to vacate former Church Street and excess Civic Center Drive right of way
containing a driveway and raised planters south of the YMCA building at 209 West Civic
Center Drive. The City has no current or prospective use for the portion of street right of
way to be vacated, and the space will revert to and be conveyed to the property owner
at 209 West Civic Center Drive.
Environmental Impact: The proposed vacation of the Vacation Area is exempt from
review under the California Environmental Quality Act pursuant to section 15061(b)(3) of
the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that it will have a significant impact on the environment. The proposed
vacation is also exempt from CEQA review under section 15305 of the State CEQA
Guidelines.
Recommended Action:
1. Adopt a resolution finding that Abandonment No. 202401 is consistent
with the General Plan
Minutes: Commission had questions for staff.
Public Works Agency Development Manager, Monica Sutter, answered
questions from Commission.
Moved by Commissioner Pham, seconded by Commissioner Benninger to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Administrative Matters
Request for presentation from the Orange County Fire Authority (OCFA) –
Commissioner Benninger
Minutes: Planning and Building Agency Executive Director, Minh Thai, shared that
Orange County Fire Authority (OCFA) is completing assessment and facilities master
plan that would be completed in 5 to 6 months.
Commissioner Benninger will wait for completion of assessment to request a
presentation.
*End of Business Calendar*
STAFF COMMENTS
Minutes: None.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:06 p.m.
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 3:30 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
7/22/2024
Planning CommissionRegular Meeting Agenda MinutesJuly 22, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 1 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal 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: Jennifer Oliva, Chair Manuel EscamillaChristopher LeoCarl Benninger Bao Pham Isuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:31 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from July 8, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve
Consent Calendar items.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
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 July 12, 2024 and
notices were mailed on said date.
1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THE
PROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATED
WITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.
Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf of
PR/ Broadstone Heritage I, LLC. (Property Owner)
Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)
202409 to allow the sale of alcoholic beverages for offpremises consumption through
the operation of a Type21 Alcoholic Beverage Control license and Conditional Use
Permit (CUP) No. 202410 to allow afterhours operations at a proposed convenience
store (Nexus Market). In addition, approval to make a determination of Public
Convenience or Necessity (PCN) to allow the sale of alcoholic beverages for off
premises consumption is required.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),
the project is categorically exempt from further review pursuant to Section 15301 (Class
1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filed
for this project.
Recommended Action:
1. Adopt a resolution approving Conditional Use Permit No. 202409 for
a Type21 ABC License as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 202410 for
AfterHours operation as conditioned.
3. Authorize staff to issue a Letter of Public Convenience or Necessity to
the State Department of Alcoholic Beverage Control.
Minutes: Commission had questions for staff.
Staff answered questions from Commission.
Moved by Commissioner Benninger, seconded by Commissioner Leo to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Regular Business
2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 2024
01 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVE
AND FORMER CHURCH STREET
Project Applicant: Community Development Agency of the City of Santa Ana
Proposed Project: The Community Development Agency of the City of Santa Ana is
requesting to vacate former Church Street and excess Civic Center Drive right of way
containing a driveway and raised planters south of the YMCA building at 209 West Civic
Center Drive. The City has no current or prospective use for the portion of street right of
way to be vacated, and the space will revert to and be conveyed to the property owner
at 209 West Civic Center Drive.
Environmental Impact: The proposed vacation of the Vacation Area is exempt from
review under the California Environmental Quality Act pursuant to section 15061(b)(3) of
the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that it will have a significant impact on the environment. The proposed
vacation is also exempt from CEQA review under section 15305 of the State CEQA
Guidelines.
Recommended Action:
1. Adopt a resolution finding that Abandonment No. 202401 is consistent
with the General Plan
Minutes: Commission had questions for staff.
Public Works Agency Development Manager, Monica Sutter, answered
questions from Commission.
Moved by Commissioner Pham, seconded by Commissioner Benninger to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Administrative Matters
Request for presentation from the Orange County Fire Authority (OCFA) –
Commissioner Benninger
Minutes: Planning and Building Agency Executive Director, Minh Thai, shared that
Orange County Fire Authority (OCFA) is completing assessment and facilities master
plan that would be completed in 5 to 6 months.
Commissioner Benninger will wait for completion of assessment to request a
presentation.
*End of Business Calendar*
STAFF COMMENTS
Minutes: None.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:06 p.m.
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 3:30 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
7/22/2024
Planning CommissionRegular Meeting Agenda MinutesJuly 22, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 1 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal 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: Jennifer Oliva, Chair Manuel EscamillaChristopher LeoCarl Benninger Bao Pham Isuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:31 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from July 8, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveConsent Calendar items.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 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 July 12, 2024 andnotices were mailed on said date. 1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THEPROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATEDWITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf ofPR/ Broadstone Heritage I, LLC. (Property Owner)Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)202409 to allow the sale of alcoholic beverages for offpremises consumption throughthe operation of a Type21 Alcoholic Beverage Control license and Conditional UsePermit (CUP) No. 202410 to allow afterhours operations at a proposed conveniencestore (Nexus Market). In addition, approval to make a determination of PublicConvenience or Necessity (PCN) to allow the sale of alcoholic beverages for offpremises consumption is required.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (Class1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filedfor this project.Recommended Action:1. Adopt a resolution approving Conditional Use Permit No. 202409 fora Type21 ABC License as conditioned.2. Adopt a resolution approving Conditional Use Permit No. 202410 forAfterHours operation as conditioned.3. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.
Minutes: Commission had questions for staff.
Staff answered questions from Commission.
Moved by Commissioner Benninger, seconded by Commissioner Leo to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Regular Business
2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 2024
01 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVE
AND FORMER CHURCH STREET
Project Applicant: Community Development Agency of the City of Santa Ana
Proposed Project: The Community Development Agency of the City of Santa Ana is
requesting to vacate former Church Street and excess Civic Center Drive right of way
containing a driveway and raised planters south of the YMCA building at 209 West Civic
Center Drive. The City has no current or prospective use for the portion of street right of
way to be vacated, and the space will revert to and be conveyed to the property owner
at 209 West Civic Center Drive.
Environmental Impact: The proposed vacation of the Vacation Area is exempt from
review under the California Environmental Quality Act pursuant to section 15061(b)(3) of
the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that it will have a significant impact on the environment. The proposed
vacation is also exempt from CEQA review under section 15305 of the State CEQA
Guidelines.
Recommended Action:
1. Adopt a resolution finding that Abandonment No. 202401 is consistent
with the General Plan
Minutes: Commission had questions for staff.
Public Works Agency Development Manager, Monica Sutter, answered
questions from Commission.
Moved by Commissioner Pham, seconded by Commissioner Benninger to
Approve.
YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, Carl
Benninger
NO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. Escamilla
Status: 6 – 0 – 0 – 1 – Pass
Administrative Matters
Request for presentation from the Orange County Fire Authority (OCFA) –
Commissioner Benninger
Minutes: Planning and Building Agency Executive Director, Minh Thai, shared that
Orange County Fire Authority (OCFA) is completing assessment and facilities master
plan that would be completed in 5 to 6 months.
Commissioner Benninger will wait for completion of assessment to request a
presentation.
*End of Business Calendar*
STAFF COMMENTS
Minutes: None.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:06 p.m.
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 3:30 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
7/22/2024
Planning CommissionRegular Meeting Agenda MinutesJuly 22, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 1 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal 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: Jennifer Oliva, Chair Manuel EscamillaChristopher LeoCarl Benninger Bao Pham Isuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:31 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from July 8, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveConsent Calendar items.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 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 July 12, 2024 andnotices were mailed on said date. 1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THEPROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATEDWITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf ofPR/ Broadstone Heritage I, LLC. (Property Owner)Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)202409 to allow the sale of alcoholic beverages for offpremises consumption throughthe operation of a Type21 Alcoholic Beverage Control license and Conditional UsePermit (CUP) No. 202410 to allow afterhours operations at a proposed conveniencestore (Nexus Market). In addition, approval to make a determination of PublicConvenience or Necessity (PCN) to allow the sale of alcoholic beverages for offpremises consumption is required.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (Class1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filedfor this project.Recommended Action:1. Adopt a resolution approving Conditional Use Permit No. 202409 fora Type21 ABC License as conditioned.2. Adopt a resolution approving Conditional Use Permit No. 202410 forAfterHours operation as conditioned.3. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.Minutes: Commission had questions for staff.Staff answered questions from Commission. Moved by Commissioner Benninger, seconded by Commissioner Leo toApprove.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 6 – 0 – 0 – 1 – PassRegular Business2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 202401 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVEAND FORMER CHURCH STREETProject Applicant: Community Development Agency of the City of Santa AnaProposed Project: The Community Development Agency of the City of Santa Ana isrequesting to vacate former Church Street and excess Civic Center Drive right of waycontaining a driveway and raised planters south of the YMCA building at 209 West CivicCenter Drive. The City has no current or prospective use for the portion of street right ofway to be vacated, and the space will revert to and be conveyed to the property ownerat 209 West Civic Center Drive.Environmental Impact: The proposed vacation of the Vacation Area is exempt fromreview under the California Environmental Quality Act pursuant to section 15061(b)(3) ofthe State CEQA Guidelines because it can be seen with certainty that there is nopossibility that it will have a significant impact on the environment. The proposedvacation is also exempt from CEQA review under section 15305 of the State CEQAGuidelines.Recommended Action:1. Adopt a resolution finding that Abandonment No. 202401 is consistentwith the General PlanMinutes: Commission had questions for staff. Public Works Agency Development Manager, Monica Sutter, answeredquestions from Commission. Moved by Commissioner Pham, seconded by Commissioner Benninger toApprove.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 6 – 0 – 0 – 1 – PassAdministrative MattersRequest for presentation from the Orange County Fire Authority (OCFA) –
Commissioner Benninger
Minutes: Planning and Building Agency Executive Director, Minh Thai, shared that
Orange County Fire Authority (OCFA) is completing assessment and facilities master
plan that would be completed in 5 to 6 months.
Commissioner Benninger will wait for completion of assessment to request a
presentation.
*End of Business Calendar*
STAFF COMMENTS
Minutes: None.
COMMISSIONER COMMENTS
Minutes: Commission had comments for staff.
ADJOURNMENT
The next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in the
Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.
Minutes: Meeting was adjourned at 6:06 p.m.
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 3:30 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
7/22/2024
Planning CommissionRegular Meeting Agenda MinutesJuly 22, 20245:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA JENNIFER OLIVAChair, Ward 6 RepresentativeISURI S. RAMOSViceChair,Ward 3 Representative CHRISTOPHER LEOCitywide RepresentativeMANUEL J. ESCAMILLAWard 2 Representative CARL BENNINGERWard 4 RepresentativeBAO PHAMWard 1 Representative ALAN WOOWard 5 RepresentativeMinh ThaiExecutive DirectorJose MontoyaLegal 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: Jennifer Oliva, Chair Manuel EscamillaChristopher LeoCarl Benninger Bao Pham Isuri S. RamosAlan Woo Executive Director Minh ThaiChief Asst. City Attorney Jose MontoyaPlanning Manager Ali Pezeshkpour, AICPRecording Secretary Nuvia OcampoROLL CALLMinutes: Quorum was reached at 5:31 p.m.PLEDGE OF ALLEGIANCEPUBLIC COMMENTSMinutes: None.CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve Minutes from July 8, 2024.b.Excused AbsencesRecommended Action: Excuse absent commissioners.Moved by Commissioner Woo, seconded by Commissioner Benninger to ApproveConsent Calendar items.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 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 July 12, 2024 andnotices were mailed on said date. 1.CONDITIONAL USE PERMIT NOS. 202409 AND 202410 FOR THEPROPERTY LOCATED AT 1951 EAST DYER ROAD, UNIT H LOCATEDWITHIN THE SPECIFIC DEVELOPMENT NO. 88 (SD88) ZONING DISTRICT.Project Applicant: Shar Pourdanesh with Nexus Market (Applicant) and on behalf ofPR/ Broadstone Heritage I, LLC. (Property Owner)Proposed Project: Applicant is requesting approval of Conditional Use Permit (CUP)202409 to allow the sale of alcoholic beverages for offpremises consumption throughthe operation of a Type21 Alcoholic Beverage Control license and Conditional UsePermit (CUP) No. 202410 to allow afterhours operations at a proposed conveniencestore (Nexus Market). In addition, approval to make a determination of PublicConvenience or Necessity (PCN) to allow the sale of alcoholic beverages for offpremises consumption is required.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA),the project is categorically exempt from further review pursuant to Section 15301 (Class1 – Existing Facilities) of the CEQA guidelines. A Notice of Exemption (NOE) will be filedfor this project.Recommended Action:1. Adopt a resolution approving Conditional Use Permit No. 202409 fora Type21 ABC License as conditioned.2. Adopt a resolution approving Conditional Use Permit No. 202410 forAfterHours operation as conditioned.3. Authorize staff to issue a Letter of Public Convenience or Necessity tothe State Department of Alcoholic Beverage Control.Minutes: Commission had questions for staff.Staff answered questions from Commission. Moved by Commissioner Benninger, seconded by Commissioner Leo toApprove.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 6 – 0 – 0 – 1 – PassRegular Business2.GENERAL PLAN CONSISTENCY FINDING FOR ABANDONMENT NO. 202401 – STREET VACATION ADJACENT TO 209 WEST CIVIC CENTER DRIVEAND FORMER CHURCH STREETProject Applicant: Community Development Agency of the City of Santa AnaProposed Project: The Community Development Agency of the City of Santa Ana isrequesting to vacate former Church Street and excess Civic Center Drive right of waycontaining a driveway and raised planters south of the YMCA building at 209 West CivicCenter Drive. The City has no current or prospective use for the portion of street right ofway to be vacated, and the space will revert to and be conveyed to the property ownerat 209 West Civic Center Drive.Environmental Impact: The proposed vacation of the Vacation Area is exempt fromreview under the California Environmental Quality Act pursuant to section 15061(b)(3) ofthe State CEQA Guidelines because it can be seen with certainty that there is nopossibility that it will have a significant impact on the environment. The proposedvacation is also exempt from CEQA review under section 15305 of the State CEQAGuidelines.Recommended Action:1. Adopt a resolution finding that Abandonment No. 202401 is consistentwith the General PlanMinutes: Commission had questions for staff. Public Works Agency Development Manager, Monica Sutter, answeredquestions from Commission. Moved by Commissioner Pham, seconded by Commissioner Benninger toApprove.YES: 6 – Bao Pham, Isuri Ramos, Alan Woo, Christopher Leo, Jennifer Oliva, CarlBenningerNO: 0 – ABSTAIN: 0 – ABSENT: 1 – Manuel J. EscamillaStatus: 6 – 0 – 0 – 1 – PassAdministrative MattersRequest for presentation from the Orange County Fire Authority (OCFA) – Commissioner BenningerMinutes: Planning and Building Agency Executive Director, Minh Thai, shared thatOrange County Fire Authority (OCFA) is completing assessment and facilities masterplan that would be completed in 5 to 6 months.Commissioner Benninger will wait for completion of assessment to request apresentation. *End of Business Calendar*STAFF COMMENTSMinutes: None.COMMISSIONER COMMENTSMinutes: Commission had comments for staff. ADJOURNMENTThe next meeting of the Planning Commission will be on August 12, 2024 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.Minutes: Meeting was adjourned at 6:06 p.m.APPEAL 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 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 3:30 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
7/22/2024