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HomeMy WebLinkAbout12-09-19_AGENDA PACKETPLANNING COMMISSION AGENDA December 9, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA DECEMBER 9, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative NORMA GARICA Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative VACANT Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Written Comments: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m. the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after the meeting. Special Assistance: If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Translation Services: For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the scheduled meeting. Lisa E. Storck Legal Counsel Vince Fregoso, AICP Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA December 9, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety; Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal 4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement & Sustainability; Goal 6 - Community Facilities & Infrastructure; Goal 7 - Team Santa Ana Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted at least 72 hours prior the meeting on the City’s website at www.santa-ana.org/cc/city-meetings, and on the posting boards outside the Civic Center entrance, Council Chamber, and Library. The items on the agenda are arranged in four categories: 1. Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is typically no Commission discussion of consent calendar items unless requested. 2. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. 3. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chair will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant/ project representative will be allowed to make a presentation, for a maximum of 15 minutes. 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker. 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission regarding Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final and shall become effective after the ten-day appeal period (unless the City Council in compliance with section 41-643, 41-644 or 41-645 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. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission Agenda 2 Deceember 9, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. Members of the public will be allotted three minutes to speak. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A – C. A. MINUTES FROM THE OCTOBER 28, 2019 REGULAR MEETING RECOMMENDED ACTION: Approve the minutes. B. MINUTES FROM THE NOVEMBER 12, 2019 REGULAR MEETING RECOMMENDED ACTION: Approve the minutes. C. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. Planning Commission Agenda 3 Deceember 9, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARING APPEAL OF PLANNING COMMISSION ACTIONS: 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. NOTICE: Legal notice for Public Hearing item nos. 2-5 was published in the Orange County Reporter on November 29, 2019 and notice mailed on November 27, 2019. 1. CONDITIONAL USE PERMIT NOS. 2019-33, 2019-34, AND 2019-35 – Ali Pezeshkpour, Case Planner. Legal notice was published in the Orange County Reporter on November 1, 2019 and notice mailed and posted on October 31, 2019. By a vote of 4:0 (Nguyen absent), this matter was continued from the November 12, 2019 meeting. LOCATION: The Place Banquet Hall located at 1602 E. First Street in the General Commercial (C2) zone. REQUEST: The applicant is requesting approval of three conditional use permits to allow (1) the operation of a banquet facility, (2) a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer, wine and distilled spirits for on-premises consumption, and (3) after-hours operation until 1:00 a.m. on Friday, Saturday and Sunday. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act, the Planning Commission will consider Notice of Exemption, Environmental Review No. 2019-97 for this project. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-33 AS CONDITIONED TO ALLOW THE PLACE BANQUET HALL TO OPERATE AT 1602 EAST FIRST STREET; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-34 AS CONDITIONED TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON-PREMISES CONSUMPTION AT THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST STREET; and c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. Planning Commission Agenda 4 Deceember 9, 2019 2019-35 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST STREET 2. CONDITIONAL USE PERMIT NO. 2018-16 {STRATEGIC PLAN NO. 3,2; 5,3} — Case Planner, Ivan Orozco LOCATION: 2500 S. Fairview Street in the Light Industrial (M-1) zone. REQUEST: The applicant is requesting approval of a conditional use permit to construct a new 60-foot wireless communications facility disguised as a mono-eucalyptus. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines – New Construction. Notice of Exemption, Environmental Review No. 2018-82 will be filed for this project. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-16 AS CONDITIONED TO ALLOW A NEW 60- FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2500 SOUTH FAIRVIEW STREET 3. CONDITIONAL USE PERMIT NO. 2019-37 {STRATEGIC PLAN NO. 3,2; 5,3} – Jerry Guevara, Case Planner. LOCATION: Hopper & Burr Café located at 202 W. Fourth Street in the Specific Development No. 84 (SD-84) zone. REQUEST: The applicant is requesting approval of a conditional use permit to allow a Type 41 (On Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premises consumption. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines – Existing Facilities. Notice of Exemption, Environmental Review No. 2019-99 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-37 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT HOPPER AND BURR RESTAURANT LOCATED 202 WEST FOURTH STREET Planning Commission Agenda 5 Deceember 9, 2019 4. CONDITIONAL USE PERMIT NO. 2019-39 {STRATEGIC PLAN NO. 3,2; 5,3} – Pedro Gomez, Case Planner. LOCATION: The Estate on Second located at 207 W. Second Street in the Specific Development No. 84 (SD-84) zone. REQUEST: The applicant is requesting approval of a conditional use permit to allow a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer wine and distilled spirits for on-premises consumption. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, of the CEQA Guidelines – Existing Facilities. Notice of Exemption, Environmental Review No. 2019-106 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-39 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON-PREMISE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS FOR AN EXISTING BANQUET FACILITY, LOCATED AT 207 WEST SECOND STREET, UNIT A AND B 5. AMENDMENT APPLICATION NO. 2018-09 {STRATEGIC PLAN NO. 3,2} – Vince Fregoso, Case Planner. LOCATION: Calvary Church located at 1010 N. Tustin Avenue and 1100-B N. Tustin Avenue in the Professional (P) zone. REQUEST: The applicant is requesting approval of an amendment application to change the zoning of the property from Professional (P) to Specific Development No. 95 (SD-95). In conjunction with the request, the applicant is also requesting approval of Mitigated Negative Declaration No. 2009-19. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the Planning Commission will consider the Mitigated Negative Declaration that was prepared for the project to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. RECOMMENDED ACTIONS: Recommend that the City Council adopt an ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING TWO PROPERTIES LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 95 (SD-95) (AA NO. 2018-09) AND ADOPTING SPECIFIC DEVELOPMENT NO. 95 (SD-95) FOR SAID PROPERTIES * * * END OF BUSINESS CALENDAR * * * Planning Commission Agenda 6 Deceember 9, 2019 WORK STUDY SESSION No action will be taken on Work Study Session items. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. 6. DISCUSSION ON RECENT CHANGES TO CALIFORNIA STATE LAW REGARDING ACCESSORY DWELLING UNITS * * * END OF WORK STUDY CALENDAR* * * 7. STAFF COMMENTS 8. COMMISSION MEMBER COMMENTS ADJOURNMENT – The meeting scheduled for December 23, 2019 is cancelled. The next regular meeting will be held on January 13, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Quarterly Updates • Public Hearing - Code Amendments (Chapter 41 – Accessory Dwelling Units) This page left blank intentionally. 1 PLANNING COMMISSION MINUTES October 28, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 28, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:39 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN FELIX RIVERA COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, Planning Manager LISA STORCK, Assistant City Attorney LAURA ANDRIL, Acting Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 14, 2019 MOTION: Approve Minutes. MOTION: Contreras - Leo SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-1 2 PLANNING COMMISSION MINUTES October 28, 2019 * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. SITE PLAN REVIEW NO, 2019-01 AND DENSITY BONUS AGREEMENT NO. 2019-01 — Case Planner, Ali Pezeshkpour LOCATION: 114 East Fifth Street and 117 East Fifth Street in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone. REQUEST: The applicant, Toll Brothers Apartment Living, requests approval of a (1) site plan review and (2) density bonus agreement in order to facilitate the construction of a 256- unit multi-family residential project and a parking lot on a 5.93-acre site. All commissioners disclosed they were contacted by the applicant’s representative regarding the project. Case Planner Pezeshkpour provided a staff presentation. The applicant also provided a presentation. Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing. The following individuals spoke in support of the project. 1. Diane Fradkin 2. John Fradkin 3. James Kendrick 4. Adam Wood 5. Jeff Musial 6. Dimitri Lujan 7. Tim Rush 8. Jean Shin The following individuals spoke in opposition to the project. 1. Larry Gonzalez 2. Rich Gomez The following individual made a neutral comment. 1. Mike Tardif There were no other speakers and the Public Hearing was closed. A-2 2 PLANNING COMMISSION MINUTES October 28, 2019 MOTIONS: a) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR THE FIRST AMERICAN MIXED-USE DEVELOPMENT PROJECT AND RE-ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM; and b) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019- 01 AS CONDITIONED AND APPROVING THE DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH STREET (SITE B) MOTION: Rivera SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-01, DEVELOPMENT AGREEMENT NO. 2018-01, GENERAL PLAN AMENDMENT NO. 2018-06 AND AMENDMENT APPLICATION NO. 2018-10 – Vince Fregoso & Selena Kelaher, Case Planners. LOCATION: 2525 N. Main Street in the Professional (P) zone. REQUEST: The applicant, AC 2525 Main, LLC, requests approval of (1) a development agreement between the City and the Applicant, (2) a general plan amendment to amend the land use designation of the property from Professional and Administrative Office (PAO) to District Center (DC), and (3) an amendment application to rezone the property from Professional (P) to Specific Development No. 93 (SD-93) in order to facilitate the construction of a 256-unit multi-family residential project and a parking lot on a 5.93-acre site. Commissioners Cano and Nguyen disclosed they spoke with the applicant and community leader, Dale Helvig. Commissioners Contreras-Leo, McLoughlin and Rivera disclosed they spoke with community leader, Dale Helvig. Case planners Fregoso and Kelaher provided a staff presentation. The applicant also provided a presentation. Recording Secretary reported that written correspondence had been distributed. A-3 3 PLANNING COMMISSION MINUTES October 28, 2019 Chair McLoughlin opened the Public Hearing. The following individuals spoke in support of the matter. 1. Lewis Wood 2. James Kendrick The following individuals spoke in opposition to the matter. 1. Mark Angell 2. Jeffrey Katz 3. Kelly Medina 4. Clay Henderson 5. Rory Kirk 6. *Marine Schnabel 7. *Susan Hyatt 8. Brian Poteraj 9. Alan Meyer 10. Sharon Gullikson 11. Steve Steggell 12. Diane Fradkin 13. Stephen Gorgone 14. Genelle Johnson 15. John Fradkin 16. *Patty Maize 17. Bill Bonnett 18. *Scott Bowen 19. Dimitri Lujan 20. Michael O’Valle 21. Silvia Posada 22. Rich Gomez 23. Christine Denny-Helvig 24. *Alan Fuller 25. *Marilyn Fuller 26. *Joshua Sherman 27. *Joey Jones 28. Michael Plantamura 29. Karen Igar 30. Paul Maize 31. Lisa Ganz 32. Michael Ortiz 33. Billy Leigh 34. *Sue McDonald 35. Christine Dorsa Smith 36. Eric Scandrett 37. Anne Wilson 38. Bea Tiritilli 39. Patricia Coleman 40. Jeff Dresser 41. Robert Platfoot 42. Dave Zavala 43. David Slaton 44. Carol Slaton 45. Lenette Wardinski 46. Ester Lopez 47. Peter Katz 48. Cathy Morehead 49. Ellen Caldway 50. Kristin Candy 51. Suzanne Blau 52. Dale Helvig 53. *Judy Swytak 54. *Stephen Swytak 55. *Jerry W. 56. Hannah Hryniewicki 57. Darcie Cancino 58. Rob Richardson 59. *Kitty Canada 60. Phil Schaefer 61. Angel Barnes 62. Angelina Lopez *yielded time to another speaker. **Public Hearing recessed at 8:08 p.m. and reconvened at 8:23 p.m. The applicant was provided the opportunity to make a final remark. There were no other speakers and the Public Hearing was closed. A-4 2 PLANNING COMMISSION MINUTES October 28, 2019 Commission discussion ensued regarding the developer’s efforts and the appropriateness of the project for the area. MOTION: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) ADOPT ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2018021031), (3) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT, AND (4) ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ.; c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2018-06 AMENDING THE LAND USE ELEMENT TO DISTRICT CENTER FOR THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET; AND d) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY MOTION: Cano SECOND: Nguyen VOTE: AYES: Cano and Nguyen (2) NOES: Contreras-Leo, McLoughlin, Rivera (3) ABSTAIN: None (0) ABSENT: None (0) *Motion fails. ***END OF BUSINESS CALENDAR * * * A-5 3 PLANNING COMMISSION MINUTES October 28, 2019 COMMENTS 4. STAFF COMMENTS • Planning Manager Fregoso: Next meeting will be on Tuesday, November 12. 5. COMMISSION MEMBER COMMENTS • Commissioner Cano: Inquired about moving regular meetings to the second and fourth Tuesday of each month; would like to review more housing projects; suggested that the Historic Resources Commission be involved with projects located in Downtown Santa Ana. o Commissioners Cano, McLoughlin, Nguyen, and Rivera are available to meet on Tuesdays; Commissioner Contreras-Leo is unavailable on said day. • Vice Chair Contreras-Leo: Thanked staff. • Commissioner Rivera: Thanked staff. • Chair McLoughlin: Thanked staff. 10:03 P.M. ADJOURNMENT – The next regular meeting will be held on Tuesday, November 12, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 1 PLANNING COMMISSION MINUTES November 12, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 12, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN (left at 6:30 p.m.) FELIX RIVERA COMMISSIONERS Absent: NONE PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2019-32 — Case Planner, Jerry Guevara LOCATION: Rafael’s Pizza located at 128 W. MacArthur Boulevard in the Planned Shopping Center (C-4) zone. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019-32 to allow a Type 41 (On Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premises consumption. Case Planner Guevara provided a presentation. Commission discussion ensued regarding the hours of operation. B-1 2 PLANNING COMMISSION MINUTES November 12, 2019 Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing. The applicant, Lilian Hunein, spoke in support of the matter. There were no other speakers and the Public Hearing was closed. MOTION: Adopt Resolution No. 2019-46. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-32 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT RAFAEL’S PIZZA RESTAURANT LOCATED AT 128 WEST MACARTHUR BOULEVARD MOTION: Nguyen SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NOS. 2019-33, 2019-34, AND 2019-35 – Selena Kelaher, Case Planner. LOCATION: The Place Banquet Hall located at 1602 E. First Street in the General Commercial (C2) zone. REQUEST: The applicant is requesting approval of three conditional use permits to allow (1) operation of a banquet facility, (2) a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer, wine and distilled spirits for on- premises consumption, and (3) after-hours operation until 1:00 a.m. on Friday, Saturday and Sunday. Case Planner Kelaher provided a staff presentation. Commission discussion ensued regarding parking, the site plan, building occupancy, hotel occupancy, security, noise, service hours, and tenant improvement plans. Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing. The applicants, Oscar Ramirez and Victor Ceja, spoke in support of the matter and answered questions regarding business operations. The following individuals spoke in opposition to the matter. • Brin Shin • Sean Tu (submitted petition) • Ghazaly Salim • Abdul Malik • Xitali Rivera B-2 1 PLANNING COMMISSION MINUTES November 12, 2019 The following individual spoke in support of the matter; posited that the establishment will provide a benefit to the area. • Steven Mendoza, Executive Director of the Community Development Agency. There were no other speakers and the Public Hearing was closed. Commission requested that consideration of the matter be continued to allow the applicant and church patrons an opportunity to address the concerns raised regarding noise, crime, parking, and intoxicated patrons. MOTION: Continue the matter until December 9, 2019. MOTION: McLoughlin SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) ***END OF BUSINESS CALENDAR * * * COMMENTS 3. STAFF COMMENTS • Executive Director Thai provided a Housing Opportunity Ordinance (HOO) Committee update and reported that the Historic Resources Commission roles and responsibilities may be expanded. • Planning Manager Fregoso announced the last meeting of the year will be on December 9. • Associate Planner Kelaher announced she will be on maternity leave until June. 4. COMMISSION MEMBER COMMENTS • All Commissioners wished everyone a Happy Thanksgiving. • Commissioner Cano announced she will not be attending the December 9 meeting. • Vice Chair Contreras-Leo thanked staff. • Chair McLoughlin inquired about the Xerox Centre and Elan projects. 6:55 P.M. ADJOURNMENT – The meeting scheduled for November 25, 2019 is cancelled. The next regular meeting will be held on December 9, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. B-3 2 PLANNING COMMISSION MINUTES October 14, 2019 Sarah Bernal Recording Secretary B-4 1- 1 1- 2 1- 3 1- 4 1- 5 1- 6 1- 7 This page left blank intentionally. 1- 8 EXHIBIT 1 1- 9 This page left blank intentionally. 1- 10 Resolution No. 2019-xx Page 1 of 8 LS 12.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-33 AS CONDITIONED TO ALLOW THE PLACE BANQUET HALL TO OPERATE AT 1602 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Oscar Ramirez (“Applicant”), representing The Place Banquet Hall, is requesting approval of Conditional Use Permit No. 2019-33 to allow a banquet facility at 1602 East First Street. B. Santa Ana Municipal Code Section 41-199.1 requires approval of a conditional use permit to operate a banquet facility. C. On November 12, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-33. The matter was continued to December 9, 2019 to allow the banquet hall’s operators, surrounding property owners, and City staff to meet and address any impacts from the banquet hall operations. D. The banquet hall’s operators, surrounding property owners, and the City met on November 22, 2019 and agreed to several additional conditions of approval intended to further minimize the banquet hall’s impacts on surrounding properties. E. On December 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-33. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-33 to allow a banquet facility for The Place Banquet Hall at 1602 East First Street: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed banquet facility will be ancillary to the primary eating establishment use. This will benefit the community by 1- 11 Resolution No. 2019-xx Page 2 of 8 providing a facility that is available to host meetings, parties, ceremonious gatherings, dining, and/or entertainment. Operational standards applicable to the banquet facility such as providing a uniformed licensed security guard at the rate of one guard per every 100 attendees and exterior lighting in compliance with Police Department requirements will assist in mitigating potential impacts created by the use and ensure that the banquet use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed banquet facility at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the conditions of approval and operational standards for the proposed alcoholic beverage control license (Conditional Use Permit No. 2019-34) and after-hours operations (Conditional Use Permit No. 2019-35) will address any potential negative or adverse impacts created by the use. The Place Banquet Hall is located within the General Commercial (C2) zone. Additionally, the surrounding uses to the south and west will not be in use during the banquet facility hours, with the exception of the religious institution to the east, which is operational in the evening hours. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the banquet facility to complement the hotel use. Patrons attending an event at the banquet hall can utilize the hotel for an overnight stay and conversely hotel patrons can rent the banquet facility for conferences, meetings or similar functions. The Place Banquet Hall will contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area and providing a service and facility for the community. The Place Banquet Hall will activate the site and occupy a building that is currently vacant. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards 1- 12 Resolution No. 2019-xx Page 3 of 8 imposed on a banquet facility pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona- fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Operational standards will ensure the project remains in compliance with all applicable codes and regulations. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed banquet facility at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. The banquet facility provides a venue that can be rented by Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards and the recorded property maintenance agreement will help maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supports surrounding land uses. The Place Banquet Hall is located within a commercial zone and its operations are compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow a banquet facility at an existing building. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-97, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, 1- 13 Resolution No. 2019-xx Page 4 of 8 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-33 as conditioned in Exhibit A, attached hereto and incorporated herein, for the banquet facility to be located at 1602 East First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1- 14 Resolution No. 2019-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1- 15 Resolution No. 2019-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-33 Conditional Use Permit No. 2019-33 for a banquet facility is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-20) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. At all times, the banquet facility shall be in compliance with the operational standards for banquet facilities found in Santa Ana Municipal Code Section 41- 199.1. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. There shall be no amplified music heard outside the building. 6. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 7. Prior to the issuance of a certificate of occupancy the non-conforming projecting sign shall be removed/demolished. 8. The Applicant shall construct, at his or her sole expense, a solid wall or barrier in full compliance with Santa Ana Municipal Code requirements in the following locations: a. On the western property line extending from the project frontage at First Street to the first driveway between the subject property and the adjacent property to the west, including a gate across said driveway; and 1- 16 Resolution No. 2019-xx Page 7 of 8 b. On the eastern property line extending from the project frontage at First Street to the first edge of the subject building, and sealing any gap between the wall, building, and adjacent property to the west. 9. The Applicant shall provide a schedule of events at the banquet hall every two months to the property owner(s) and occupant(s) of the properties to the east and west of the subject site. 10. CUP Nos. 2019-33, 2019-34, and 2019-35 shall be reviewed for conformance to Santa Ana Municipal Code operational standards and conditions of approval after six (6) months of issuance of certificate of occupancy. Should the review determine non-compliance with Santa Ana Municipal Code operational standards and conditions of approval, said CUPs shall be set for public hearing at the Applicant’s sole expense for reconsideration of conditions of approval and/or reconsideration of the CUPs. 11. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom 1- 17 Resolution No. 2019-xx Page 8 of 8 fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 12. Prior to the issuance of a building permit submit plans to the Public Works Agency that demonstrate: a. Appropriate back flow preventer for fire services, and domestic and landscape water meter to be installed per the grading and street improvement plans; b. Installation of all public utilities required to service the project site (i.e., new sewer lateral); c. Safe and efficient access of trash vehicles to trash receptacles; i. The project shall comply with all requirements specified in SAMC Sec. 16-37. ii. All driveway and staging areas must be able to sustain a minimum gross weight of 60,000 lbs. per vehicle. iii. Maximum size of bin shall be 4 cubic yards. iv. Depict the trash trucks’ turning radius at all proposed internal corners. v. Provide complete circulation for trash trucks, backing up into the streets is not allowed for safety reasons. d. Approval letter for service and acceptable site circulation obtained from Waste Management, Inc. 1- 18 EXHIBIT 2 1- 19 This page left blank intentionally. 1- 20 Resolution No. 2019-xx Page 1 of 8 LS 12.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-34 AS CONDITIONED TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON-PREMISES CONSUMPTION AT THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Oscar Ramirez (“Applicant”), representing The Place Banquet Hall, is requesting approval of Conditional Use Permit No. 2019-34 to allow the sale of beer, wine and distilled spirits for on premises consumption for the property located at 1602 East First Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for on- or off-premises consumption. C. On November 12, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-34. The matter was continued to December 9, 2019 to allow the banquet hall’s operators, surrounding property owners, and City staff to meet and address any impacts from the banquet hall’s operations. D. The banquet hall’s operators, surrounding property owners, and the City met on November 22, 2019 and agreed to several additional conditions of approval intended to further minimize the banquet hall’s impacts on surrounding properties. E. On December 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-34. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-34 to allow the sale of beer, wine and distilled spirits for on-premises consumption at The Place Banquet Hall at 1602 East First Street: 1- 21 Resolution No. 2019-xx Page 2 of 8 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant and banquet facility customers by allowing them the ability to purchase or serve alcohol with their meal. This will thereby benefit the community by providing the restaurant and banquet facility with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. The Place Banquet Hall is a bona-fide restaurant and banquet facility and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant and service during banquet events will be incidental to the primary use as a bona fide eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow The Place Banquet Hall to remain economically viable and competitive with other banquet halls in the City and contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area. 1- 22 Resolution No. 2019-xx Page 3 of 8 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment and banquet facility, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. The restaurant with ancillary sales of alcoholic beverages will provide another dining option residents and visitors, and the banquet facility with ancillary sales of alcoholic beverages provides a venue that can be rented by Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards and the property maintenance agreement will help maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supports surrounding land uses. The Place Banquet Hall is located within a commercial zone and its operations are compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the 1- 23 Resolution No. 2019-xx Page 4 of 8 environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-97, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-34 as conditioned in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 1602 East First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 1- 24 Resolution No. 2019-xx Page 5 of 8 _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1- 25 Resolution No. 2019-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-34 Conditional Use Permit No. 2019-34 for on-premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code (SAMC), the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-20) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. At all times, the banquet facility shall be in compliance with the operational standards for banquet facilities found in Santa Ana Municipal Code Section 41- 199.1. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. There shall be no amplified music heard outside the building. 6. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 7. Prior to the issuance of a certificate of occupancy the non-conforming projecting sign shall be removed/demolished. 8. The Applicant shall construct, at his or her sole expense, a solid wall or barrier in full compliance with Santa Ana Municipal Code requirements in the following locations: a. On the western property line extending from the project frontage at First Street to the first driveway between the subject property and the adjacent property to the west, including a gate across said driveway; and 1- 26 Resolution No. 2019-xx Page 7 of 8 b. On the eastern property line extending from the project frontage at First Street to the first edge of the subject building, and sealing any gap between the wall, building, and adjacent property to the west. 9. The Applicant shall provide a schedule of events at the banquet hall every two months to the property owner(s) and occupant(s) of the properties to the east and west of the subject site. 10. CUP Nos. 2019-33, 2019-34, and 2019-35 shall be reviewed for conformance to Santa Ana Municipal Code operational standards and conditions of approval after six (6) months of issuance of certificate of occupancy. Should the review determine non-compliance with Santa Ana Municipal Code operational standards and conditions of approval, said CUPs shall be set for public hearing at the Applicant’s sole expense for reconsideration of conditions of approval and/or reconsideration of the CUPs. 11. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom 1- 27 Resolution No. 2019-xx Page 8 of 8 fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 12. Prior to the issuance of a building permit submit plans to the Public Works Agency that demonstrate: a. Appropriate back flow preventer for fire services, and domestic and landscape water meter to be installed per the grading and street improvement plans; b. Installation of all public utilities required to service the project site (i.e., new sewer lateral); c. Safe and efficient access of trash vehicles to trash receptacles; i. The project shall comply with all requirements specified in SAMC Sec. 16- 37. ii. All driveway and staging areas must be able to sustain a minimum gross weight of 60,000 lbs. per vehicle. iii. Maximum size of bin shall be 4 cubic yards. iv. Depict the trash trucks’ turning radius at all proposed internal corners. v. Provide complete circulation for trash trucks, backing up into the streets is not allowed for safety reasons. d. Approval letter for service and acceptable site circulation obtained from Waste Management 1- 28 EXHIBIT 3 1- 29 This page left blank intentionally. 1- 30 Resolution No. 2019-xx Page 1 of 9 LS 12.9.19 RESOLUTION NO. 2019-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Oscar Ramirez (“Applicant”), representing The Place Banquet Hall, is requesting approval of Conditional Use Permit No. 2019-35 to allow after- hours operation for the property located at 1602 East First Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-196(g)(3) requires approval of a conditional use permit for eating establishments serving alcoholic beverages which intend to operate until 1:00 a.m. Specifically, The Place Banquet Hall is proposing to remain open until 1:00 a.m. on Friday, Saturday and Sunday. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On November 12, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-35. The matter was continued to December 9, 2019 to allow the banquet hall’s operators, surrounding property owners, and City staff to meet and address any impacts from the banquet hall’s operations. E. The banquet hall’s operators, surrounding property owners, and the City met on November 22, 2019 and agreed to several additional conditions of approval intended to further minimize the banquet hall’s impacts on surrounding properties. F. On December 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-35. . G. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-35 for after- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-35 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST STREET 1- 31 Resolution No. 2019-xx Page 2 of 9 hours operation, have been established as required by SAMC Section 41- 638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed after-hours operations will allow the facility to be rented during the evening hours on the weekend for meetings, parties, ceremonious gatherings, dining, and/or entertainment. Specifically, the subject The Place Banquet Hall is proposing to remain open until 1:00 a.m. on Friday, Saturday and Sunday. The after-hours operation will only occur on the weekends when the nearby businesses are not in use. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to those living or working in the area because conditions have been placed on the conditional use permit to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments and banquet facilities that have similar hours of operation and similar operational conditions. Allowing the banquet facility to provide this service will not create any new impacts on the adjacent land uses. The Place Banquet Hall is located within the General Commercial (C2) zone. Additionally, the surrounding uses to the south and west will not be in use during the banquet facility hours, with the exception of the religious institution to the east, which is operational in the evening hours. Additionally, the CUP includes a condition that requires an entertainment permit for any live entertainment. The operational standards for the live entertainment include requirements that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction, a security plan reviewed by the Police Department, contracted security guards (one security guard per 100 attendees), a closed circuit television system, maintenance of an incident log, no loitering policy, and alternative transportation plan. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 1- 32 Resolution No. 2019-xx Page 3 of 9 The proposed use will not adversely affect the economic stability of the area, but instead the banquet facility will complement the hotel use on-site as patrons attending an event at the banquet hall can utilize the hotel for an overnight stay and conversely hotel patrons can rent the banquet facility for conferences, meetings or similar functions. Moreover, the after-hours operation on the weekends will allow The Place Banquet Hall to contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area and providing a service and facility for the community. The Place Banquet Hall will activate the site and occupy a building that is currently vacant. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment and banquet facility with after-hours operations pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed after-hours operation at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. The banquet facility provides a venue that can be rented by Santa Ana residents and visitors for a variety of functions. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards and the property maintenance agreement will help maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supports surrounding land uses. The Place Banquet Hall is located within a commercial zone and its operations are compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 1- 33 Resolution No. 2019-xx Page 4 of 9 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the operation of a banquet facility with on- premises sale of alcoholic beverages at a full-service restaurant with after-hours operation only on weekends and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-97, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-35 for after-hours operation, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1602 East First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. 1- 34 Resolution No. 2019-xx Page 5 of 9 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1- 35 Resolution No. 2019-xx Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-35 Conditional Use Permit No. 2019-35 for after-hours operation of an eating establishment and banquet facility is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-20) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. At all times, the banquet facility shall be in compliance with the operational standards for banquet facilities found in Santa Ana Municipal Code Section 41- 199.1. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. There shall be no amplified music heard outside the building. 6. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 7. Prior to the issuance of a certificate of occupancy the non-conforming projecting sign shall be removed/demolished. 8. The Applicant shall construct, at his or her sole expense, a solid wall or barrier in full compliance with Santa Ana Municipal Code requirements in the following locations: 1- 36 Resolution No. 2019-xx Page 7 of 9 a. On the western property line extending from the project frontage at First Street to the first driveway between the subject property and the adjacent property to the west, including a gate across said driveway; and b. On the eastern property line extending from the project frontage at First Street to the first edge of the subject building, and sealing any gap between the wall, building, and adjacent property to the west. 9. The applicant shall provide a schedule of events at the banquet hall every two months to the property owner(s) and occupant(s) of the properties to the east and west of the subject site. 10. CUP Nos. 2019-33, 2019-34, and 2019-35 shall be reviewed for conformance to Santa Ana Municipal Code operational standards and conditions of approval after six (6) months of issuance of certificate of occupancy. Should the review determine non-compliance with Santa Ana Municipal Code operational standards and conditions of approval, said CUPs shall be set for public hearing at the Applicant’s sole expense for reconsideration of conditions of approval and/or reconsideration of the CUPs. 11. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized 1- 37 Resolution No. 2019-xx Page 8 of 9 and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 12. Prior to the issuance of a building permit submit plans to the Public Works Agency that demonstrate: a. Appropriate back flow preventer for fire services, and domestic and landscape water meter to be installed per the grading and street improvement plans; b. Installation of all public utilities required to service the project site (i.e., new sewer lateral); c. Safe and efficient access of trash vehicles to trash receptacles; i. The project shall comply with all requirements specified in SAMC Sec. 16-37. ii. All driveway and staging areas must be able to sustain a minimum gross weight of 60,000 lbs. per vehicle. iii. Maximum size of bin shall be 4 cubic yards. iv. Depict the trash trucks’ turning radius at all proposed internal corners. 1- 38 Resolution No. 2019-xx Page 9 of 9 v. Provide complete circulation for trash trucks, backing up into the streets is not allowed for safety reasons. d. Approval letter for service and acceptable site circulation obtained from Waste Management, Inc. 1- 39 This page left blank intentionally. 1- 40 EXHIBIT 4 1- 41 This page left blank intentionally. 1- 42 10/22/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 The Place Banquet Hall - CUP No. 2019-33, CUP No. 2019-34, CUP No. 2019-351602 E. First Street Exhibit 4 – Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. 2018 Aerial Santa Ana Boundary 250 feet 1- 43 This page left blank intentionally. 1- 44 EXHIBIT 5 1- 45 This page left blank intentionally. 1- 46 CUP NO. 2019-33, CUP NO. 2019-34, & CUP NO. 2019-35 THE PLACE BANQUET HALL 1602 EAST FIRST STREET SITE PHOTOS EXHIBIT 5 1- 47 This page left blank intentionally. 1- 48 EXHIBIT 6 1- 49 This page left blank intentionally. 1- 50 CUP NO. 2019-33, CUP NO. 2019-34, & CUP NO. 2019-35 THE PLACE BANQUET HALL 1602 EAST FIRST STREET SITE PLAN EXHIBIT 6 1602 E. FIRST 1- 51 This page left blank intentionally. 1- 52 EXHIBIT 7 1- 53 This page left blank intentionally. 1- 54 CUP NO. 2019-33, CUP NO. 2019-34, & CUP NO. 2019-35 THE PLACE BANQUET HALL 1602 EAST FIRST STREET FLOOR PLAN EXHIBIT 7 1- 55 CUP NO. 2019-33, CUP NO. 2019-34, & CUP NO. 2019-35 THE PLACE BANQUET HALL 1602 EAST FIRST STREET FLOOR PLAN EXHIBIT 7 1- 56 2-1 2-2 2-3 2-4 EXHIBIT 1 2-5 This page left blank intentionally. 2-6 Resolution No. 2019-xx Page 1 of 7 LS 12.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-16 AS CONDITIONED TO ALLOW A NEW 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2500 SOUTH FAIRVIEW STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Jenna D’Agostino with J5 Infrastructure Partners, representing AT&T (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) 2018-16 to allow a new 60-foot high major wireless (“mono-eucalyptus”) communications facility at 2500 South Fairview Street. B. On December 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-16. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. In addition, SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2018-16 to allow the entitlement for a new 60-foot tall major wireless communication facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will provide a service or facility which will contribute to the community. The proposed mono-eucalyptus will provide a service to Santa Ana residents, businesses, and motorists who subscribe to AT&T Wireless services by reducing the gaps in cellular service and providing additional 2-7 Resolution No. 2019-xx Page 2 of 7 calling capacity for its users in the central sector of Santa Ana. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal laws that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Moreover, the nearest residential use is located over 800 linear feet from the site, further reducing any potential for impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed mono-eucalyptus will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. Further, the stealth appearance and the chosen location for the facility will help blend in with existing mature eucalyptus trees found on the property. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a eucalyptus tree, will feature new and enhanced landscaping, will provide an equipment enclosure with landscaping, and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed mono-eucalyptus will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be 2-8 Resolution No. 2019-xx Page 3 of 7 served by the proposed mono-eucalyptus. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The proposed mono-eucalyptus is designed to minimize visual impact on the area by implementing stealth design and using the prime location of the facility in relation to the existing mature trees on that side of the property to screen the facility. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Enhancing a cell phone provider’s coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt pursuant to Section 15303 of the CEQA Guidelines, New Construction of Small Structures. This exemption applies to in-fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The project consists of the installation of a new wireless communications facility. Categorical Exemption Environmental Review No. 2018-82 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 2-9 Resolution No. 2019-xx Page 4 of 7 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-16, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Recording Secretary 2-10 Resolution No. 2019-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-16 Conditional Use Permit No. 2018-16 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2018-21). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the CUP. 5. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6. The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7. Conditional Use Permit No. 2018-16 expires 10 years from the date of Planning Commission approval. 8. Prior to issuance of the conditional use permit, a Property Maintenance Agreement shall be recorded by Applicant against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, 2-11 Resolution No. 2019-xx Page 6 of 7 the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume 2-12 Resolution No. 2019-xx Page 7 of 7 all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and 2-13 This page left blank intentionally. 2-14 EXHIBIT 2 2-15 This page left blank intentionally. 2-16 CUP 2018-162500 SOUTH FAIRVIEW STREET EXHIBIT 2 - VICINITY ZONING & AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-17 EXHIBIT 3 2-18 This page left blank intentionally. 2-19 STREET VIEW FROM FAIRVIEW STREET SOUTHWEST CORNER – PROPOSED LOCATION 2-20 EXHIBIT 4 2-21 This page left blank intentionally. 2-22 2-23 2-24 EXHIBIT 5 2-25 This page left blank intentionally. 2-26 2-27 2-28 EXHIBIT 6 2-29 This page left blank intentionally. 2-30 2-31 2-32 2-33 This page left blank intentionally. 2-34 3-1 3-2 3-3 3-4 EXHIBIT 1 3-5 This page left blank intentionally. 3-6 Resolution No. 2019-xx Page 1 of 6 LS 12.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-37 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT HOPPER AND BURR CAFÉ LOCATED AT 202 WEST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Truman Severson, business owner of Hopper and Burr (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-37 to allow the sale of alcoholic beverages for on-premises consumption at the property located at 202 West Fourth Street. B. Santa Ana Municipal Code Section 41-196 and 41-2007 require approval of a conditional use permit (“CUP”) for establishments wishing to sell alcoholic beverages for on-premises consumption. C. On December 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-37. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-37 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the café’s customers by allowing them the ability to purchase alcoholic beverages with their meal. This will thereby benefit the community by providing a café with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license and conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 3-7 Resolution No. 2019-xx Page 2 of 6 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the café to compete with other nearby eating establishments in Downtown Santa Ana that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow the café to remain economically viable and compete with nearby full-service eating establishments in Downtown Santa Ana and will contribute to the overall success of the city’s downtown. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on an eating establishment selling alcoholic beverages for on-premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full- service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the café will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 3-8 Resolution No. 2019-xx Page 3 of 6 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service eating establishments that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Hopper and Burr is located within the city’s Downtown and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is categorically exempt from CEQA per Section 15301 (Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-99, will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a 3-9 Resolution No. 2019-xx Page 4 of 6 court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-37 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 202 West Fourth Street, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 3-10 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-37 Conditional Use Permit No. 2019-37 for on-premises consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The sale, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of an on-premises alcohol license by the State Alcohol Beverage Control Board (ABC). 2. The sale, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. to 12:00 a.m. (midnight) Monday through Sunday, unless modified through a subsequent and separate conditional use permit application for after- hours operations pursuant to SAMC Section 41-196(g)(3). 3. Within 90 days of adoption of this resolution, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; 3-11 Resolution No. 2019-xx Page 6 of 6 c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the ABC license. 3-12 EXHIBIT 2 3-13 This page left blank intentionally. 3-14 CUP No. 2019-37202 West Fourth Street Exhibit 2 - Vicinity Zoning & Aerial View © 2019 Digital Map Products. All rights reserved. 200 feet 3-15 This page left blank intentionally. 3-16 EXHIBIT 3 3-17 This page left blank intentionally. 3-18 CUP No. 2019-37 202 West Fourth Street Exhibit 3 – Site Photo 3-19 This page left blank intentionally. 3-20 EXHIBIT 4 3-21 This page left blank intentionally. 3-22 CUP No. 2019-37 202 West Fourth Street Exhibit 4 – Site Plan 3-23 This page left blank intentionally. 3-24 EXHIBIT 5 3-25 This page left blank intentionally. 3-26 CUP No. 2019-37 202 West Fourth Street Alcohol Display & Storage Area Exhibit 5 – Floor Plan 3-27 This page left blank intentionally. 3-28 4-1 4-2 4-3 4-4 4-5 This page left blank intentionally. 4-6 EXHIBIT 1 4-7 This page left blank intentionally. 4-8 Resolution No. 2019-xx Page 1 of 8 LS 12.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-39 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON-PREMISES SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS FOR AN EXISTING BANQUET FACILITY LOCATED AT 207 WEST SECOND STREET, UNITS A AND B BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ted Flati, representing Mastroianni Family Enterprises LTD (dba Jay Catering) (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-39 to allow the sale of alcoholic beverages for on-premises consumption at an existing banquet facility located at 207 West Second Street, Unit A, which will be expanding into the adjacent tenant space located at 207 West Second Street, Unit B. B. On October 28, 2013, the Planning Commission adopted Resolution No. 2013-24 approving Conditional Use Permit Nos. 2013-12, 2013-13 and 2013-14 to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on-premises sale and consumption of beer, wine, and distilled spirits, after-hours operations and to allow a banquet use at a newly proposed restaurant located at 207 West Second Street, Unit A. C. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), a conditional use permit approved in accordance with the procedures and considerations as provided in the SAMC, automatically becomes void after two years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit. D. By October 28, 2015, the applicant for Conditional Use Permit No. 2013- 12 had not obtained an Alcoholic Beverage Control license with the State. Therefore, Conditional Use Permit No. 2013-12 automatically became null and void. E. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- premises consumption. 4-9 Resolution No. 2019-xx Page 2 of 8 F. On December 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-39. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-39 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The existing banquet facility has previously provided alcoholic beverages for on-premises consumption at 207 West Second Street, Unit A. The proposed expansion into the adjacent tenant suite (Unit B) will allow the banquet facility to meet Alcoholic Beverage Control’s requirements of having a full and functional kitchen. This will also facilitate the operation of the banquet facility making the customer experience more pleasing by allowing the continuation of on-premises sale and consumption of beer, wine and distilled spirits. In addition, the proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the banquet facility’s customers. This will thereby benefit the community by providing a banquet facility in the City with an additional and complementary related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The subject site contains an existing banquet facility that has been in operation since 2013 and which has provided banquet and catering services approximately 70 to 100 times per year. In addition, the existing banquet facility has provided alcoholic beverages at the events by obtaining a daily alcoholic permit through ABC. Since 2013, the City has not received any complaints or issued any notice of violations to the operator. Furthermore, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. In addition, the building is located approximately 130 feet away from the nearest multi- family residences and approximately 600 feet from the 4-10 Resolution No. 2019-xx Page 3 of 8 nearest single-family residences. All applicable operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use, which is a banquet facility. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Estate on Second Street restaurant has been in operation for 6 years at 207 West Second Street, Unit A. Since 2013, Jays Catering has provided banquet and catering services for private, corporate clients and weddings at this location, approximately 70 to 100 times per year. The use has included sales of alcoholic beverages at events by obtaining a daily alcohol permit through Alcoholic Beverage Control. The proposed expansion will not adversely affect the economic stability of the area, but will instead allow the banquet facility to provide a full and functional kitchen at the site. Moreover, the expansion into the adjacent tenant space and the sale of alcoholic beverages will allow the business to remain economically viable and compete with nearby full- service establishments in the local vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will utilize less than five (5) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific plan. The granting of this 4-11 Resolution No. 2019-xx Page 4 of 8 conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service uses (catering and banquet facility) that offer alcoholic beverages as part of their service provides a general well being to the neighborhood as it provides dining banquet facility options for Santa Ana residents and visitors in a much needed area of the city. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Applicable operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Estate on Second is located within the downtown district and its operation will be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15301 – Class 1 (Existing Facilities). The request for a conditional use permit for a Type 47 alcoholic beverage control (ABC) license consists of the permitting or minor alteration of an existing private structure involving negligible or no expansion of the use beyond that existing at the time of the lead agency's determination. The project proposes to allow the operation of an alcoholic beverage control license for the sale and on-premises consumption of beer, wine and distilled spirits at an existing banquet facility. Therefore, there is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-106 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other 4-12 Resolution No. 2019-xx Page 5 of 8 federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-39 as conditioned for the alcoholic beverage control license for the sale of alcoholic beverages for on- premise consumption for the project located at 207 West Second Street, Units A and B, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of December, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 4-13 Resolution No. 2019-xx Page 6 of 8 I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2019-39 Conditional Use Permit No. 2019-39 for on-premises consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 2. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the applicable operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of an on-sale license by the State Alcohol Beverage Control Board (ABC). 3. The sales, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. and 2:00 a.m., Monday through Sunday, pursuant to Section 41-688 of the Santa Ana Municipal Code and pursuant to Conditional Use No. 2013-13 4-14 Resolution No. 2019-xx Page 7 of 8 adopted Resolution No. 2013-24 allowing after-hours operations at 207 West Second Street, Unit A. 4. Conditional Use Permit Nos. 2013-13 and 2013-14 to allow after-hours operations and to allow a banquet use at 207 West Second Street, Unit A, approved on October 28, 2013, through Resolution No. 2013-23 shall not expanded onto 207 West Second Street, Unit B, without prior review and approval of a conditional use permit by the Planning Commission. 5. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 6. Within 60 days of adoption of this resolution, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, 4-15 Resolution No. 2019-xx Page 8 of 8 lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 4-16 EXHIBIT 2 4-17 This page left blank intentionally. 4-18 11/14/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2019-39, The Estate on Second207 West Second Street Unit A and B Exhibit 2 – Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4-19 This page left blank intentionally. 4-20 EXHIBIT 3 4-21 This page left blank intentionally. 4-22 CUP 2019-39 THE ESTATE ON SECOND 207 WEST SECOND STREET, UNITS A AND B SITE PHOTOS EXHIBIT 3 4-23 This page left blank intentionally. 4-24 EXHIBIT 4 4-25 This page left blank intentionally. 4-26 4-27 This page left blank intentionally. 4-28 EXHIBIT 5 4-29 This page left blank intentionally. 4-30 4-31 4-32 5-1 5-2 5-3 5-4 5-5 5-6 EXHIBIT 1 5-7 This page left blank intentionally. 5-8 LS 12.9.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-09 REZONING TWO PROPERTIES LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 95 (SD-95) (AA NO. 2018-09) AND ADOPTING SPECIFIC DEVELOPMENT NO. 95 (SD-95) FOR SAID PROPERTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2018-09 has been filed with the City of Santa Ana to change the zoning district designation of certain real properties located at 1010 and 1100-B North Tustin Avenue from Professional (P) to Specific Development No. 95 (SD-95). The Specific Development No. 95 zoning district would allow the development of the Calvary Church Master Plan, which would include a church facility, educational facility and office development on three parcels totaling 10.8 acres of land. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 9, 2019, on Amendment Application No. 2018-09 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2018-09, which is consistent with the City’s General Plan. C. The City Council conducted a duly noticed public hearing on January 20, 2020 to consider Amendment Application No. 2018-09 and the Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, at which hearing members of the public were afforded an opportunity to comment upon Amendment Application No. 2018-09. D. The City Council hereby adopts as findings all facts presented in the Request for Council Action dated January 20, 2020 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2018-09 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 5-9 Section 2. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2009-19) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2009-19 meets all requirements of CEQA. Section 3. The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs and it will not adversely affect the health, safety, and welfare of the public, or create any adverse impacts to the environment. The City Council further finds that the amendment application to change the zoning designation from Professional (P) to Specific Development 93 (SD-93) is consistent with Santa Ana Municipal Code section 41-593.1 to protect and promote the public health, safety and general welfare of the city and its residents . Section 4. The real properties located at 1010 and 1100-B North Tustin Avenue in Santa Ana are hereby re-classified from Professional (P) to Specific Development No. 95 (SD-95). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 5. Specific Development No. 95 (SD-95) is attached hereto as Exhibit B and incorporated by this reference a s though fully set forth herein is approved and adopted in its entirety. Section 6. This ordinance shall not be effective unless and until Resolution No. 2019-____ (Environmental Review No. 2009-19) is adopted and becomes effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 5-10 ADOPTED this _____ day of _________________ 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: _______ ________________________________ Clerk of the Council City of Santa Ana 5-11 Exhibit A Sectional District Map 5-12 A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE PLANNED RESIDENTIAL DEVELOPMENT -PRD City of Santa Ana, California ZONING DISTRICTS MABURY STSHERRY LNMABURY STDIANNE STFRUIT ST 6TH ST 16THST 14TH ST MABURY STWRIGHT STGOLDENCI RCLEDRGRACEST EASTSIDE AVC O NCORDSTLINWOOD AV5TH ST WRIGHT ST6TH ST TRINIDADWY FRUIT ST STAFFORDST WRIGHT STLYON ST14TH ST EASTSIDE AVFRUIT ST KRISTI LN 15TH ST CONCORDSTCONCORDSTWELLINGTON AVCONCORDST CONCORD STWELLINGTON AV ETONCTWASHINGTON AV STAFFORDST WRIGHTSTELK LN6TH STMCCLAY STS 1ST ST14TH S TLINWOOD AVLINWOOD AVFRUIT ST WILLIAMS STPALM ST OLD TUSTIN AVPONDEROSA STSTA F F O R D S T EASTSIDE AVDAYNA STEASTSIDE AVLYON STPARKCENTERDR6TH STMIRASOL ST15TH ST LINWOOD AVPATRIC IA LNSHERRY LNMANTLE LN16TH ST MCCLAY STGOLDENCIRCLEDR15TH ST LYON STBA RCLAY CT BARCLAYCT GOLDEN CIRCLE D RG OLDEN C IR CLEDR 2ND ST 3RD ST MCCLAY STWRIGHT STE 17TH ST E 4TH ST E 1 S T S TN GRAND AVN MABURY STNCABRILLOPARKDRE SANTA ANA BLVD S LYON STN GRAND AVSGRANDA V MABU R YST NTUSTINAVN TUSTIN AVE PARKCOURT PL CABRILLOPARK DRC5/OZ1 C2/OZ1 C2/OZ1 P/OZ1 P/OZ1 C1/OZ1 C2/OZ1 A1/OZ1 C5/OZ1 C2/OZ1 P/OZ1 P/OZ1 C5/OZ1 C2/OZ1 R2/OZ1 SD89/OZ1 C2/OZ1 C5/OZ1 P/OZ1SD54/OZ1 C2/OZ1 C5/OZ1 A1/OZ1 P/OZ1 C5/OZ1 P/OZ1 P/OZ1 C2/OZ1 R2/OZ1 SD54/OZ1 C2/OZ1 P/OZ1 C5/OZ1 P/OZ1 SD54/OZ1C2/OZ1 C2/OZ1 P/OZ1 C1/OZ1 P/OZ1 R2-B/OZ1 R4-PRD R1-B R1-B R4-PRD P-B R1-B R1-PRD R1-B R1-B R1-B A1A1 C1 C1 C1 C1 C1 C1 C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 C4 C4 C5C5 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5 C5C5C5 M1M1 M1 O O O O OO O OZ1 PP PPPPP P P P P P P P R1 R1R1 R1 R1 R1 R1R1R1 R1 R1 R1 R1 R1R1R1R1 R1 R1R1R1 R1 R1 R1 R1 R1 R1 R1 R1R1 R1 R1 R1 R1 R1 R2 R2 R2 R2R2 R2 R2 R3 R4 R4 R4 R4 SD21 SD84 SD84 SD84 SD84 SD84 SD84 SD84 SD84 C1 C1 P SD95 17-5-9 N/A9-5-95-5-9 N/A9-5-95-5-9 6-5-97-5-917-5-918-5-97-5-9Exhibit: Print Date: 4/25/19 Sectional District Map: 8-5-9 I 5-13 Exhibit B Specific Development No. 95 (SD-95) 5-14 Specific Development Plan No. 95 December 9, 2019 Draft of Specific Development Plan of 5-15 Calvary Church Santa Ana 1010 and 1100-B N. Tustin Avenue Santa Ana, CA 92705 City of Santa Ana Planning Division Prepared by Adrienne J. Gladson, AICP Gladson Consulting Orange, CA 92869 Contact: Adrienne Gladson Ph: 714.319.9377 Email: adriennegladson@gmail.com December 9, 2019 5-16 SPECIFIC DEVELOPMENT PLAN NO. 95 (SD-95) Calvary Church of Santa Ana SECTION 1 – APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 95 (SD-95) for the Calvary Church of Santa Ana project site is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 95 contains the specific standards and regulations contained in the commercial and professional office districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 – PURPOSE The Specific Development Plan No. 95 for the Calvary Church of Santa Ana campus consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. A primary goal of the Specific Development zoning is for current and future uses and development of the property for the next 10 to 30 years. SECTION 3 – Uses permitted in Specific Development No. 95 The following uses are permitted in the SD-95 district: a) Worship Center with a maximum seating capacity of 1,865 seats b) Chapel with a maximum seating capacity of 600 seats c) Professional and Administrative Offices d) Fellowship Hall (with Kitchen facilities) e) Gymnasium f) Student Center g) Educational Facilities • Daycare (maximum of 75 children) • Preschool (maximum of 160 students) • Elementary & Intermediate School (maximum of 675 students) h) Playground and Athletic field i) Parking lots, including parking structure(s). • Parking structures may incorporate professional offices, and a sports field (with no field lights) on the top deck. j) Restaurants (including catering kitchen and related services) k) Bookstore 5-17 l) Library m) Art Studio and Gallery n) Wedding venue o) Community Garden and store p) Parsonage, staff, or missionary housing q) Medical, Dental, and/or counseling offices r) Fitness and Exercise facilities (inside and outside) s) Signage as depicted in the attached planned sign program t) Minor wireless communication facilities u) Solar power systems v) Accessory uses and structures, incidental and subordinate to the principal permitted use. An updated shared parking plan may be required w) Temporary uses, pursuant to the standards established in the Zoning Code and consistent with the purposes of this plan x) Other uses, not listed above, which are determined by the Planning Director to be similar to those listed above SECTION 4 – Uses subject to a conditional use permit in Specific Development No. 95 (a) Parking structures that exceed four levels or 60 feet in height (b) Structures above the height maximums as covered in Section 7 (c) Major wireless communication facilities SECTION 5 – Minimum lot area in Specific Development No. 95 The subject site shall have a minimum lot area of 10 acres. Additionally, contiguous property less than 1 acre in size, acquired by Calvary Church of Santa Ana in the future, may be added to the overall development site acreage and shall be subject to the rules and regulations of this development plan. SECTION 6 – Minimum street frontage in Specific Development No. 95 • Tustin Avenue shall have a minimum street frontage of at least 800 feet. • Fruit Street shall have a minimum street frontage of at least 580 feet. • Wellington Avenue shall have a minimum street frontage of at least 650 feet. Currently, the property is subdivided into three parcels with lots having less than minimum frontage on Tustin Avenue. This issue will be addressed with the combining of these lots through the appropriate subdivision action in the future. 5-18 SECTION 7 – Building height in Specific Development No. 95 No structure shall not exceed 60 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure, except new structures located 350 feet behind the front yard property line (Tustin Avenue) and outside the required 50-foot rear yard setback shall not exceed 40 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. Minor architectural elements, elevator shafts, steeples, and towers of an incidental nature may exceed the height limit as deemed appropriated by the Planning Director. SECTION 8 – Floor Area ratio in Specific Development No. 95 The maximum Floor Area ratio of the entire property shall not exceed 1.0. The total square feet of parking structures shall be included in the calculation of floor area ratio. All square footages of a structure located below grade shall not be included in the calculation of floor area ratio. SECTION 9 – Front yard (Tustin Avenue) in Specific Development No. 95 A front yard of not less than 15 feet shall be required. SECTION 10 – Side yards in Specific Development No. 95 A side yards of not less than 15 feet (Fruit Street and Wellington Avenue) shall be required. SECTION 11 – Rear yards in Specific Development No. 95 There shall be a rear yard building setback of not less than 50 feet for any structure. Parking lots adjacent to residentially zoned or used property shall have a landscaped setback of not less than five feet. SECTION 12 – Development standards in Specific Development No. 95 Lots in the SD-95 zoning district shall comply with the following standards: (a) All trash bins or storage shall be stored within a trash enclosure or completely enclosed building. SECTION 13 – Parking standards in Specific Development No. 95 Off-street parking in the SD-95 zoning district shall comply with the standards set 5-19 forth in Article XV (Off-Street Parking – Sec.41-1411, churches, chapels and religious meeting halls) of the Santa Ana Municipal Code except for the following: • See attached Overview of Operations and Parking plan. In summary, 854 parking spaces are required and 1,290 are provided (555 stalls on-site and 735 spaces through formal off-site parking agreements). Additional off-site parking agreements are available if required SECTION 14 – Signage standards in Specific Development No. 95 Lots in the SD No. 95 zoning district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41-850 through 41- 1000 of the SAMC, with the exception of the standards identified below. (b) Planned sign program details as contained in Exhibit X. SECTION 15 – Landscape standards for Specific Development No. 95 In the SD No. 95 zoning district, all open space and parking areas, where appropriate, shall be landscaped. The site shall comply with the following minimum requirements: a) A minimum of 15% of the entire site including parking areas shall be landscaped. b) A mix of 24-inch and 36-inch box canopy trees for shade shall be provided. Care shall be made to place and group trees in locations near gathering and playground areas to provide shade. c) All trees shall be double-staked. d) Abundant and minimum of 5-gallon size herbaceous perennials/shrubs as foundation planting e) Use of Xeriphytic or dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. f) Irrigation systems: a. A pop-up sprinkler type irrigation system shall be provided for all yards b. The use of “xeriphytic” or dry climate plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. g) Screening: a. All small utility meters shall be appropriately screened from public view with trelliswork and vines or a hedge type shrub or they shall be incorporated into the structure. b. Any enclosed large structure for utilities must not encroach into any required setback. 5-20 h) Maintenance: a. All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. 5-21 This page left blank intentionally. 5-22 EXHIBIT 2 5-23 This page left blank intentionally. 5-24 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CALVARY CHURCH MASTER PLAN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In October 1931, Calvary Church of Santa Ana was established. Over the years, the Church continued to operate at various locations throughout the City. In April 1962, Calvary Church opened at their current location at 1010 North Tustin Avenue. B. In 2009, the Church first approached the City with the intent to have a master plan of development approved for the campus. However, due to the recession, the proposal was put on hold. In 2018, the Church formally submitted an application for the Calvary Church Master Plan. The plan includes the demolition and/or partial demolition of four buildings and the construction of three new buildings. Overall, the square footage on the campus would increase by approximately 40,000 square feet. C. The proposed project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000 et seq.) and the CEQA Guidelines. An Initial Study and Mitigated Negative Declaration and were prepared for the project. Impacts related to air quality, biological resources, cultural and tribal cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, public services, transportation/traffic, and utilities and service systems are found to be less than significant with the implementation of mitigation measures. The remaining environmental topics that were analyzed pursuant to CEQA were found to have a less than significant impact or no impact. D. The Notice of Intent and the public review and comment period for the MND was from June 8, 2018 to June 27, 2018. Public comments were received and have been incorporated as part of the MND and are incorporated herein by reference. 5-25 E. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. F. On January 21, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to the Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND) prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Council Action dated January 21, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to 5-26 approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. ADOPTED this ____ day of ___________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ 5-27 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-_____ to be the original resolution adopted by the City Council of the City of Santa Ana on __________________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 5-28 EXHIBIT A Mitigated Negative Declaration https://www.santa-ana.org/sites/default/files/Calvary_Final_Combined_MND.pdf Mitigation Monitoring and Reporting Program https://www.santa-ana.org/sites/default/files/Calvary_MND_MMRP.pdf 5-29 This page left blank intentionally. 5-30 EXHIBIT 3 5-31 This page left blank intentionally. 5-32 11/26/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 AMENDMENT APPLICATION NO. 2018-09 CALVARY CHURCH MASTER PLAN1010 NORTH TUSTIN AVENUE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 5-33 This page left blank intentionally. 5-34 EXHIBIT 4 5-35 This page left blank intentionally. 5-36 5-37 5-38 5-39 This page left blank intentionally. 5-40 EXHIBIT 5 5-41 This page left blank intentionally. 5-42 5-43 5-44 EXHIBIT 6 5-45 This page left blank intentionally. 5-46 5-47 5-48 5-49 5-50 EXHIBIT 7 5-51 This page left blank intentionally. 5-52 5-53 This page left blank intentionally. 5-54 EXHIBIT 8 5-55 This page left blank intentionally. 5-56 Specific Development Plan No. 95 December 9, 2019 Draft of Specific Development Plan of 5-57 Calvary Church Santa Ana 1010 and 1100-B N. Tustin Avenue Santa Ana, CA 92705 City of Santa Ana Planning Division Prepared by Adrienne J. Gladson, AICP Gladson Consulting Orange, CA 92869 Contact: Adrienne Gladson Ph: 714.319.9377 Email: adriennegladson@gmail.com December 9, 2019 5-58 SPECIFIC DEVELOPMENT PLAN NO. 95 (SD-95) Calvary Church of Santa Ana SECTION 1 – APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 95 (SD-95) for the Calvary Church of Santa Ana project site is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 95 contains the specific standards and regulations contained in the commercial and professional office districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 – PURPOSE The Specific Development Plan No. 95 for the Calvary Church of Santa Ana campus consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. A primary goal of the Specific Development zoning is for current and future uses and development of the property for the next 10 to 30 years. SECTION 3 – Uses permitted in Specific Development No. 95 The following uses are permitted in the SD-95 district: a) Worship Center with a maximum seating capacity of 1,865 seats b) Chapel with a maximum seating capacity of 600 seats c) Professional and Administrative Offices d) Fellowship Hall (with Kitchen facilities) e) Gymnasium f) Student Center g) Educational Facilities • Daycare (maximum of 75 children) • Preschool (maximum of 160 students) • Elementary & Intermediate School (maximum of 675 students) h) Playground and Athletic field i) Parking lots, including parking structure(s). • Parking structures may incorporate professional offices, and a sports field (with no field lights) on the top deck. j) Restaurants (including catering kitchen and related services) k) Bookstore 5-59 l) Library m) Art Studio and Gallery n) Wedding venue o) Community Garden and store p) Parsonage, staff, or missionary housing q) Medical, Dental, and/or counseling offices r) Fitness and Exercise facilities (inside and outside) s) Signage as depicted in the attached planned sign program t) Minor wireless communication facilities u) Solar power systems v) Accessory uses and structures, incidental and subordinate to the principal permitted use. An updated shared parking plan may be required w) Temporary uses, pursuant to the standards established in the Zoning Code and consistent with the purposes of this plan x) Other uses, not listed above, which are determined by the Planning Director to be similar to those listed above SECTION 4 – Uses subject to a conditional use permit in Specific Development No. 95 (a) Parking structures that exceed four levels or 60 feet in height (b) Structures above the height maximums as covered in Section 7 (c) Major wireless communication facilities SECTION 5 – Minimum lot area in Specific Development No. 95 The subject site shall have a minimum lot area of 10 acres. Additionally, contiguous property less than 1 acre in size, acquired by Calvary Church of Santa Ana in the future, may be added to the overall development site acreage and shall be subject to the rules and regulations of this development plan. SECTION 6 – Minimum street frontage in Specific Development No. 95 • Tustin Avenue shall have a minimum street frontage of at least 800 feet. • Fruit Street shall have a minimum street frontage of at least 580 feet. • Wellington Avenue shall have a minimum street frontage of at least 650 feet. Currently, the property is subdivided into three parcels with lots having less than minimum frontage on Tustin Avenue. This issue will be addressed with the combining of these lots through the appropriate subdivision action in the future. 5-60 SECTION 7 – Building height in Specific Development No. 95 No structure shall not exceed 60 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure, except new structures located 350 feet behind the front yard property line (Tustin Avenue) and outside the required 50-foot rear yard setback shall not exceed 40 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. Minor architectural elements, elevator shafts, steeples, and towers of an incidental nature may exceed the height limit as deemed appropriated by the Planning Director. SECTION 8 – Floor Area ratio in Specific Development No. 95 The maximum Floor Area ratio of the entire property shall not exceed 1.0. The total square feet of parking structures shall be included in the calculation of floor area ratio. All square footages of a structure located below grade shall not be included in the calculation of floor area ratio. SECTION 9 – Front yard (Tustin Avenue) in Specific Development No. 95 A front yard of not less than 15 feet shall be required. SECTION 10 – Side yards in Specific Development No. 95 A side yards of not less than 15 feet (Fruit Street and Wellington Avenue) shall be required. SECTION 11 – Rear yards in Specific Development No. 95 There shall be a rear yard building setback of not less than 50 feet for any structure. Parking lots adjacent to residentially zoned or used property shall have a landscaped setback of not less than five feet. SECTION 12 – Development standards in Specific Development No. 95 Lots in the SD-95 zoning district shall comply with the following standards: (a) All trash bins or storage shall be stored within a trash enclosure or completely enclosed building. SECTION 13 – Parking standards in Specific Development No. 95 Off-street parking in the SD-95 zoning district shall comply with the standards set 5-61 forth in Article XV (Off-Street Parking – Sec.41-1411, churches, chapels and religious meeting halls) of the Santa Ana Municipal Code except for the following: • See attached Overview of Operations and Parking plan. In summary, 854 parking spaces are required and 1,290 are provided (555 stalls on-site and 735 spaces through formal off-site parking agreements). Additional off-site parking agreements are available if required SECTION 14 – Signage standards in Specific Development No. 95 Lots in the SD No. 95 zoning district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41-850 through 41- 1000 of the SAMC, with the exception of the standards identified below. (b) Planned sign program details as contained in Exhibit X. SECTION 15 – Landscape standards for Specific Development No. 95 In the SD No. 95 zoning district, all open space and parking areas, where appropriate, shall be landscaped. The site shall comply with the following minimum requirements: a) A minimum of 15% of the entire site including parking areas shall be landscaped. b) A mix of 24-inch and 36-inch box canopy trees for shade shall be provided. Care shall be made to place and group trees in locations near gathering and playground areas to provide shade. c) All trees shall be double-staked. d) Abundant and minimum of 5-gallon size herbaceous perennials/shrubs as foundation planting e) Use of Xeriphytic or dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. f) Irrigation systems: a. A pop-up sprinkler type irrigation system shall be provided for all yards b. The use of “xeriphytic” or dry climate plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. g) Screening: a. All small utility meters shall be appropriately screened from public view with trelliswork and vines or a hedge type shrub or they shall be incorporated into the structure. b. Any enclosed large structure for utilities must not encroach into any required setback. 5-62 h) Maintenance: a. All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. 5-63 This page left blank intentionally. 5-64