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HomeMy WebLinkAboutFULL PACKET_02-12-2018 City of Santa Ana Planning Commission Meeting Agenda FEBRUARY 12, 2018 CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:30 P.M. MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative PHIL BACERRA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa- ana.ca.us/pba/documents/agenda_pc.pdf\ 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. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City 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] Lisa E. Storck Legal Counsel Vince Fregoso, AICP Acting Planning Manager Sarah Bernal Recording Secretary Candida Neal, AICP Acting Executive Director 2 PLANNING COMMISSION AGENDA FEBRUARY 12, 2018 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ 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 ********* 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 Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. 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. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714)667-2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meeting at the following website address: www.santa-ana.org 3 PLANNING COMMISSION AGENDA FEBRUARY 12, 2018 CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING FEBRUARY 12, 2018 5:30 P.M. CALL TO ORDER CHAIR MCLOUGHLIN COMMISSION MEMBERS ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA, NGUYEN, VERINO 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. No action may be taken on non-agenda items unless authorized by law. CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. ADMINISTRATIVE MATTERS RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A – B. A. MINUTES FROM THE REGULAR MEETING OF JANUARY 22, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. ***END OF CONSENT CALENDAR*** 4 PLANNING COMMISSION AGENDA FEBRUARY 12, 2018 BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2017-26 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION AT SY CHOIHAN MARKET AND DELI LOCATED AT 2 EAST HUTTON CENTRE DRIVE, UNITS 101 & 102 – KEVIN HUFFORD, APPLICANT {STRATEGIC PLAN NOS. 3, 2} – Selena Kelaher, Case Planner Legal notice published in the Orange County Reporter on February 2, 2018 and notices mailed on February 2, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2017-26. 2. Authorize the issuance of a Public Convenience and Necessity Letter due to overconcentration. 2. CONDITIONAL USE PERMIT NO. 2017-33 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION AT MOTHER’S MARKET LOCATED AT 151 EAST MEMORY LANE – DAN KRAMER, APPLICANT {STRATEGIC PLAN NOS. 3, 2– Jerry Guevara, Case Planner Legal notice published in the Orange County Reporter on February 2, 2018 and notices mailed on February 2, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2017-33. 2. Authorize the issuance of a Public Convenience and Necessity Letter due to overconcentration. ***END OF BUSINESS CALENDAR*** 5 PLANNING COMMISSION AGENDA FEBRUARY 12, 2018 WORK STUDY SESSION All matters listed under the Work Study Session are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. 3. COMPREHENSIVE PLANNING AND HISTORIC PRESERVATION UPDATE (Melanie McCann, Senior Planner) ***END OF WORK STUDY SESSION*** COMMENTS 4. STAFF COMMENTS At this time City staff members may address the Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. 5. PLANNING COMMISSION MEMBER COMMENTS At this time Commission members may comment on non-agenda matters and ask questions or give directions to staff. No action may be taken on non-agenda items unless authorized by law. ADJOURNMENT The next meeting of the Planning Commission is scheduled for Monday, February 26, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • CUP2017-34 and 2017-35 to allow the sale of alcoholic beverages for the on-premise consumption and after-hours operation until 2:00 a.m. at Main Sports Grill located at 2531 South Main Street. • CUP2017-31 to allow the sale of alcoholic beverages for on-premise consumption at S Rancho Market located at 2426 W. McFadden Avenue. CUP2017-03 to allow the construction of a new church, parish hall, parish center and office building for Christ Our Savior located at 200 W. Alton Avenue • Variance No. 2018-03 to allow the construction of a new single-family residence and detached garage with deviations to lot size, lot frontage parking, lot coverage and encroachment in the rear yard located at 123 N. Jackson Street. • AA 2018-01, GPA 2017-01, ZOA 2018-02 to expand the Metro East Mixed Use (MEMU) Overlay District boundaries westward along First Street until Grand Avenue, and to amend the existing MEMU document to revise certain development standards. This page left blank intentionally. 1 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 22, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:36 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE PHIL BACERRA (arrived at 5:42 p.m. MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA LYNNETTE VERINO COMMISSIONERS Absent: KENNETH NGUYEN STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney TAIG HIGGINS, Principal Civil Engineer ALI PEZESHKPOUR, Senior Planner SELENA KELAHER, Associate Planner ESCARLET MAR, Planning Technician SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Chair McLoughlin PUBLIC COMMENTS (on non-agenda items) The following public comments were received regarding the Mental Health Association (MHA) located at 2416 South Main Street: Lisa Tran, Ken Ashton, Irma Jauregui (also submitted a letter for Commission review), and Thomas Anthony Gordon, voiced concern over the negative impact homeless individuals that receive services from MHA have had on the surrounding area; especially concerned with the negative impacts on the nearby schools and businesses; inquired about MHA’s Conditional Use Permit and requested a review of the Conditions of Approval. Richard Garcia added that he is part of the Santa Ana Neighborhood Business Alliance and works with businesses regarding homeless issues; has spoken with MHA regarding the concerns that have been raised. Dale Helvig spoke about the 2525 N. Main Street project; expressed frustration with the developer as he has not received requested information. A-1 2 CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 11, 2017 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: Nguyen. * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL REVIEW NO. 2017-96, AMENDMENT APPLICATION NO. 2017-02, CONDITIONAL USE PERMIT NO. 2017-29, AND VARIANCE NO. 2017-07 TO ALLOW A NEW HOTEL (HAMPTON INN) WITH DEVIATIONS FROM OFF-STREET PARKING, SETBACK, WALL HEIGHT, AND SIGNS LOCATED AT 2129 NORTH MAIN STREET – NET DEVELOPMENT COMPANY, APPLICANT Matter continued from the December 11, 2017 meeting by a vote of 7-0. Legal notice published in the Orange County Register on December 1, 2017 and notices mailed on November 30, 2017. Commissioner Disclosure: Commissioner Bacerra, Vice-Chair Contreras-Leo, and Chair McLoughlin disclosed that they each spoke with the applicant regarding the project. Case Planner Kelaher provided a presentation which included project background, project description and analysis of issues; an update on the impacts of the removal of the public A-2 3 parking lot, circulation, and security was also provided. Discussion ensued regarding parking requirements and restriping on Buffalo Avenue. Chairman McLoughlin opened the Public Hearing. The following spoke on the matter: Tanja Olano, representing Hollybrook Senior Living, spoke in opposition; project will have a negative impact on surrounding neighborhood and business; requested a continuance for the purpose of conducting a parking impact study. Mike Fowler, representing Orange County Telescope, spoke in opposition; utilizes the public parking lot and is concerned with the lack of parking; questioned the safety of the 150 foot setback from the street to the entrance of the hotel. Jessica Torres, representative of Hollybrook Senior Living, spoke in opposition; reduced parking will negatively impact senior residents. Randy Brownfield Jr., representing Hollybrook Senior Living, spoke in opposition; loss of public parking lot will have a negative impact on senior residents; concerned with traffic congestion near project site. Raymond Telles spoke in support; the parking lot is in poor condition; the project will help to improve the area. Bob Lockhead, representative of Hollybrook Senior Living, spoke in opposition; loss of public parking lot will have a negative impact on senior residents; requested a continuance for the purpose of conducting a parking impact study. Allen Vandevort, business owner, spoke in opposition; loss of public parking lot will negatively affect his business; concerned with traffic congestion and traffic safety around project site. Alex Tribizi, representing TLK Engineering, spoke in support; he prepared the traffic study for the project; both Cal Trans and the City have reviewed and approved the study. Tommy Mungia spoke in support; parking lot is in poor condition and is a place where loitering and illegal activity occurs; the project will help to improve the area. Max Rollens, representing Alston & Bird Law Firm, spoke in opposition; concerned with loss of public parking and traffic congestion; project will negatively impact que ue lanes; requested a continuance for the purpose of conducting a parking impact study. Gene Andres, business owner, spoke in support; shortage of parking will always be an issue throughout the city; a hotel is needed in the area; would like the hotel design to be A-3 4 reflective of the Bowers Museum; historic structures on the project site should be demolished. PJ Jahaniri, owner of the historic buildings on the project site, spoke in support; parking lot is in poor condition; hotel will have a positive impact on the surrounding area; should focus on the benefits the hotel will bring to the city rather than the loss of free parking for businesses. William Diaz spoke in opposition; reviewed crime statistics in parking lots and hotels; the hotel is not compatible with the Master Plan as it prevents the expansion of an arterial highway. Jess Evans spoke in opposition; concerned with exposure to fumes and dust from construction activities. Dave Elliot, representing Santa Ana Chamber of Commerce, spoke in support; hotel will increase City revenue and create jobs, and improve the city’s image. Michael Goolsby, representing Better Neighborhoods, spoke in opposition; the requested variances are not justified. Bill Ihrke, representing Santa Ana Chamber of Commerce, spoke in support; hotel tax revenue will benefit the city; hotel is needed in the area and it will improve the South Main Street Corridor; Hampton Inn will bring quality and value. Carlos Castaneda, owner of adjacent property, spoke in support; would like design to be reflective of the Bower’s Museum; concerned that the alleyway behind his property will be one-way-only making it difficult to exit. Richard Boatright, owner of adjacent property, spoke in support; concerned that the alleyway behind his property will be closed off and not receive much police presence. Gilad Salmon, Environmental & Transportation Advisory Committee (ETAC) Commissioner, spoke in support; ETAC has already reviewed ways to increase safety near Main and Buffalo; the way to increase safety is to add bike lanes. Kevin Coleman, applicant, spoke in support; indicated that the alleyway referred to in previous public comments would not be closed off; the gate at the end of the alleyway will be kept open to allow vehicles to exit on both ends. There were no other speakers and the hearing was closed. A-4 5 Commission discussion ensued regarding the traffic impact study, reduced parking for surrounding businesses, parking standards, and the purchase and sale agreement for the property. It was generally agreed that hotel development is needed in the city and that the loss of parking for surrounding businesses is a concern. Those in favor of the matter as recommended by staff asserted that lack of parking will be an on-going issue throughout the city and the responsibility of providing public parking should not be placed on the developer. Those in opposition of the matter asserted that the variances requested by the developer are neither justified nor necessary to complete the project and therefore cannot be supported as recommended by staff. The following actions were taken. Note: Items were not voted on in the order as presented in the staff report dated January 22, 2018. MOTION: Recommend that the City Council adopt an ordinance approving Amendment Application No. 2017-02. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) MOTION: Adopt a resolution approving Conditional Use Permit No. 2017-29 as conditioned. MOTION: Bacerra SECOND: Mendoza VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) MOTION: Adopt a resolution approving Variance No. 2017-07 (b) as conditioned to allow a reduction in front yard setbacks. MOTION: Contreras- Leo SECOND: Verino VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Verino (5) NOES: Bacerra (1) ABSTAIN: None (0) ABSENT: Nguyen (1) A-5 6 MOTION: Adopt a resolution approving Variance No. 2017-07 (c) as conditioned to allow an increase in wall heights along Main Street. MOTION: Contreras- Leo SECOND: Alderete VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Verino (5) NOES: Bacerra (1) ABSTAIN: None (0) ABSENT: Nguyen (1) MOTION: Adopt a resolution approving Variance No. 2017-07 (d) as conditioned to allow an increase in the number of major building identification signs. Chair McLoughlin commented that he would like the Commission to consider the impacts of the light that is projected from the signs onto the surrounding neighborhood. MOTION: Contreras- Leo SECOND: Mendoza VOTE: AYES: Contrereas-Leo, Mendoza (2) NOES: Alderete, Bacerra, McLoughlin, Verino (4) ABSTAIN: None (0) ABSENT: Nguyen (1) * The motion was denied by a vote of 4:2 MOTION: Recommend that City Council adopt an Ordinance approving Mitigated Negative Declaration, Environmental Review No. 2017-96. MOTION: Contreras- Leo SECOND: McLoughlin VOTE: AYES: Contrereas-Leo, McLoughlin (2) NOES: Alderete, Bacerra, Mendoza, Verino (4) ABSTAIN: None (0) ABSENT: Nguyen (1) *The motion was denied by a vote of 4:2 Staff informed Commission that per CEQA it cannot take action or make a recommendation to City Council without an approved Mitigated Negative Declaration/Environmental Review; if the Mitigated Negative Declaration/Environmental Review is denied then all previously approved items must also be denied. Staff advised A-6 7 that if it is desired to move forward with the actions that were previously taken, a finding must be made that the Commission has considered the Mitigated Negative Declaration/Environmental Review, and all actions taken by Commission would move forward as recommendations to City Council for final approval. After discussion and deliberation the following action was taken. MOTION: Recommend that the City Council adopt an ordinance approving Mitigated Negative Declaration, Environmental Review No. 2017-96 with a finding that the Planning Commission has considered the document but does not recommend approval. MOTION: Verino SECOND: Alderete VOTE: AYES: Verino, Contreras-Leo, McLoughlin (3) NOES: Bacerra, Alderte, Mendoza (3) ABSTAIN: None (0) ABSENT: Nguyen (1) *Impasse was declared by a vote of 3:3. Staff requested that Commission move to rescind actions previously taken. MOTION: Rescind the actions taken on items no. 2- 7 as listed in the staff report dated January 22, 2018 (with the exception of item no. 4 as it was never voted upon). MOTION: Bacerrea SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Verino (3) NOES: Contreras-Leo, McLoughlin Mendoza (3) ABSTAIN: None (0) ABSENT: Nguyen (1) *Impasse was declared by a vote of 3:3. Staff advised that in the event of an impasse, the applicant has the option of continuing the item to a later date for consideration by the Commission or denial without prejudice in which case the applicant may appeal to the City Council. The applicant chose to appeal the matter to City Council. 2. TENTATIVE TRACT MAP NO. 2017-03 AND VARIANCE NO. 2017-09 TO ALLOW A SUBDIVISION FOR SINGLE-FAMILY STRUCTURES WITH REDUCTION IN REQUIRED OFF-STREET PARKING LOCATED AT 1008 EAST FOURTH STREET – BRIAN HENDRICKS, APPLICANT A-7 8 Legal notice published in the Orange County Reporter on January 12, 2018 and notices mailed on January 11, 2018. Chair McLoughlin recused himself from discussion and consideration of the matter due to a potential conflict of interest; indicated that he is the President of a non-profit organization that has previously worked with Tom’s Trucks. Acting Planning Manager Fregoso provided a presentation which included a project description, project background and project analysis. Commission discussion ensued regarding parking standards, zoning code, on-street parking demand, current use of surrounding buildings, and permit-parking districts. The applicant spoke in support of the project. Vice-Chair Contreras-Leo opened the Public Hearing. The following spoke on the matter: Dan Domonoske, spoke in opposition; developer should meet the parking requirements. Gilad Salmon, Environmental & Transportation Advisory Committee (ETAC) Commissioner, spoke in support; Climate Action Plan has been passed which calls for reducing parking near retail and employment sites; housing crisis should be considered as each space used for parking takes away from space that can be used for housing. Lisandro Orozco spoke in support; project site is located in a transit-rich area of the city; traffic congestion and speeds; however, may increase. There were no other speakers and the hearing was closed. Commission discussed the need to either abide by current parking standards or update the code to reflect new parking standards. The Commission generally agreed that permit- parking district should be considered and traffic calming measures should be installed. MOTION 1. Adopt a resolution approving Tentative Tract Map No. 2017-03 as conditioned. 2. Adopt a resolution approving Variance No. 2017-09 as conditioned. With the following added conditions: 1. Explore the feasibility of creating a permit parking district for the public streets adjacent to the project site 2. Consider installing speed bumps of similar traffic calming measures on Standard Avenue. A-8 9 MOTION: Bacerra SECOND: Verino VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (5) NOES: Alderete (1) ABSTAINED: None (0) ABSENT: Nguyen (1) 3. CONDITIONAL USE PERMIT NO. 2017-36 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT AN EXISTING EATING ESTABLISHMENT (EL RINCON MEXICANO) LOCATED AT 104 EAST FOURTH STREET Legal notice published in the Orange County Reporter on January 12, 2018 and notices mailed on January 11, 2018. Case Planner Mar provided a presentation which included a project description, project background, and project analysis. Commission discussion ensued regarding the hours of operation and history of property ownership. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Haring. There were no speakers and the hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2017-36. MOTION: Alderete SECOND: Bacerra VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAINED: None (0) ABSENT: Nguyen (1) 4. ZONING ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW CHURCHES AS A CONDITIONALLY PERMITTED USE IN THE PROFESSIONAL AND SOUTH MAIN COMMERCIAL ZONING DISTRICTS Legal notice published in the Orange County Register on January 12, 2018 and notices mailed on January 11, 2018. Case Planner Ni provided a presentation which included a project analysis and explained that the proposed amendments will update and bring the City’s zoning code into compliance with federal law. A-9 10 Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2018-01. MOTION: Alderete SECOND: Verino VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAINED: None (0) ABSENT: Nguyen (1) 5. VARIANCE NOS. 2018-01 AND 2018-02 TO ALLOW FOR OFF-SITE PARKING, REDUCED OFF-STREET PARKING AND REDUCED OPEN SPACE TO CONVERT THE SECOND FLOOR OF THE EXISTING BUILDING TO 24 MULTI-FAMILY DWELLINGS AT 201 EAST FOURTH STREET Chair McLoughlin and Commissioner Bacerra disclosed that they discussed the project with the applicant. Commissioner McLoughlin recused himself from discussion and consideration due to a potential conflict of interest; indicated the applicant’s family has contributed financially to the Board he sits on. Legal notice published in the Orange County Register on January 12, 2018 and notices mailed on January 11, 2018. Case Planner Kelaher provided a presentation which included a project description, project background, and project analysis. Commission discussion ensued regarding parking demand, potential parking agreement, unit size and number of people allowed per unit, property management, and community room uses. The applicant spoke in support of the project. Vice-Chair Contreras-Leo opened the Public Hearing. The following spoke on the matter: Gilad Salmon, Environmental & Transportation Advisory Committee (ETAC) Commissioner, spoke in support; many alternative transportation options available to residents. Concepcion Rodriguez, representing the Theo Lacey Neighborhood Association, spoke in opposition; there is a need for low-income housing. Lisandro Orozco, spoke in support; number of parking spaces proposed is adequate as there are alternative transportation options nearby. There were no other speakers and the hearing was closed. A-10 11 MOTIONS: 1. Adopt a resolution approving Variance No. 2018-01 (a) as conditioned to allow off-site parking. 2. Adopt a resolution approving Variance No. 2018-01 (b) as conditioned to allow a reduction in required off-street parking. 3. Adopt a resolution approving Variance No. 2018-02 as conditioned to allow a reduction in required open space. MOTION: Bacerra SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: None (0) ABSTAINED: None (0) ABSENT: Nguyen (1) ***END OF BUSINESS CALENDAR*** WORK STUDY CALENDAR ITEMS 6. METRO EAST MIXED USE OVERLAY ZONE BOUNDARY EXTENSION AND WERMERS PROPERTIES “ELAN” PROJECT Senior Planner Pezeshkpour provided a presentation on the Metro East Overlay Zone Boundary Extension. The presentation included a description of the proposed boundary extension, an overview of the MEMU overlay zone, description of proposed modifications, and pipeline projects. Branden Wermers, representing Wermers Properties, provided a presentation on the Elan Project which included a detailed description of the project. COMMENTS 7. STAFF COMMENTS- None. 8. PLANNING COMMISSION MEMBER COMMENTS Commissioner Bacerra:  Requested an update on the California Lodge Suites. o Staff reported that the Police Department and Code Enforcement are working with the property owners. A-11 12  Would like to receive an update on the Mental Health Association concerns that were voiced during tonight’s public comments. Commissioner Contreras- Leo  Wished everyone a Happy New Year. Commissioner Mendoza  Inquired about the Housing 101 Work Study Session. o Staff reported that the information session will be held at an upcoming meeting Chair McLoughlin  Directed commissioners to e-mail questions regarding agenda items to staff before 10:00 a.m. on the day of Planning Commission meetings; staff will review and respond.  Requested Work Study Sessions on major projects.  In regards to agenda item no. 1, explained that commissioners rely on staff for guidance on how items are voted upon; hopes staff can clarify the process to avoid confusion in the future. ADJOURNED 9:23 P.M. - The next meeting of the Planning Commission is scheduled for Monday, February 12, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-12 1-1 1-2 1-3 1-4 1-5 1-6 1-7 This page left blank intentionally. 1-8 Resolution No. 2018-xx Page 1 of 7 RESOLUTION NO. 2018-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. Kevin Hufford, ”Applicant”, representing Sy Choihan LLC-Market/Deli, is requesting approval of Conditional Use Permit No. 2017-26 to allow an Alcoholic Beverage Control (ABC) license for the property located at 2 Hutton Center Drive, Units 101 and 102. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off-premises consumption. C. Pursuant to Business and Professions Code Section 23958.4, a determination of Public Convenience or Necessity (PCN) is required when the property is located in an area where the number of crimes reported exceeds the average number by 20% or the ratio of population to number of retail stores exceeds the ratio recommended by the state for the census tract. D. On February 12, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-26. E. The Planning Commission of the City of Santa Ana 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. 2017-26 to allow for the sale of alcoholic beverages for off-premises consumption: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-26 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND AUTHORIZING THE ISSUANCE OF A PUBLIC CONVENIENCE OR NECESSITY LETTER FOR SY CHOIHAN MARKET/DELI LOCATED AT 2 HUTTON CENTER DRIVE, UNITS 101 AND 102 EXHIBIT 1 1-9 Resolution No. 2018-xx Page 2 of 7 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 off-premises consumption will provide an ancillary service to the market and deli customers by allowing them the ability to purchase alcoholic beverages for off-site consumption along with foods and other commodities. This will thereby benefit the community by providing a service to those living and working nearby. Operational standards are applicable to the alcoholic beverage control license which 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 off-premises consumption will not be detrimental to persons residing or working in the vicinity because operational standards will mitigate any potential negative or adverse impacts created by the use. The business is primarily a market and deli and the addition of alcohol sales will be ancillary to the main uses. There will not be alcohol for sale for on-premises consumption. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a destination for visitors and residents in the community. The alcohol license for off-premises consumption will benefit individuals working and residing in the surrounding hotels, multi-family residential communities, and retail stores. New clientele will be attracted to this mini- mall, while supporting pedestrian access from individuals living or working at close proximity. The new market and deli 1-10 Resolution No. 2018-xx Page 3 of 7 and the alcohol license will enhance a customer’s overall shopping experience and quality of life through the wide range of products and services proposed at the market. The addition of alcohol to the Sy Choihan LLC Market/Deli will be ancillary to the main market/deli use ensuring that the establishment operates as a bona-fide deli and retail store. Moreover, offering the sale of alcoholic beverages will allow the market and deli to remain economically viable and contribute to the overall success of Hutton Center Mixed Use Specific Development. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed ABC license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41-196(c). 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. The facility will be maintained as a market and deli with full-service kitchen facilities and will supply food and commodities for purchase. Additionally, the market will utilize less than five (5%) percent of the gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by 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 ABC license will not adversely affect the General Plan. The project is located in the District Center (DC) General Plan land use which allows for commercial uses such as a market and deli. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City’s economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with the General Plan Land Use Element: Policy 2.2, which encourages land uses that accommodate the City’s need for goods and services. Policy 2.4, supporting pedestrian access between the proposed market and surrounding residential 1-11 Resolution No. 2018-xx Page 4 of 7 community that is within close proximity. Policy 2.8 promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment as the Sy Choihan LLC Market/Deli tenancy will contribute to the viability of the commercial center in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive as the operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.1 promotes development with community benefits that enhance quality of life by allowing residents in the immediate vicinity to shop at a market with a full range of goods, including alcoholic beverages. Policy 5.5 encourages development that is compatible with and supports surrounding land uses. The retail establishment is located in a commercial center and its operations are compatible with the surrounding commercial businesses. F. A public convenience and necessity letter is required due to the undue concentration of off-sale establishments within the census tract. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant the preparation of a letter of public convenience or necessity for off-sale alcohol conditional use permits pursuant to Santa Ana Municipal Code Section 41-645.5, have been established for Conditional Use Permit No. 2017-26 to allow for an ABC license: 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the general plan. The market and deli is located within an existing commercial center. The sale of alcoholic beverages is ancillary to the primary use as a bona-fide eating establishment and retail store which are permitted by right. The maximum floor area for alcohol storage and display is five (5%) percent controlling the ancillary nature of market’s business operations. The Hutton Center Mixed Use Specific Development creates a high density urban area. Urban areas often have a convenience store to support the mix of commercial and residential uses in the immediate area. In addition, the project is consistent with several goals and policies of the General Plan Land Use Element as listed above in finding E 5. 2. The economic benefit outweighs the negative impacts to the community as whole. 1-12 Resolution No. 2018-xx Page 5 of 7 The business is not located in a high crime area. The project is located within Police Grid 191 which had 155 incidents in 2016 while the average number of incidents per police grid was 373. Furthermore, in the last year there were no reports of police activity at this address or within the 100 block. The operational standards for establishments selling alcoholic beverages mitigates potential negative impacts to the community. Therefore, the economic benefits to the business owner and those living and working in the area outweighs the negative impacts related to overconcentration. 3. The issuance of the license will provide a needed service not currently being met in the community. The deli and market, with the additional sale of alcoholic beverages for off-site consumption, will provide a service to those living and working within the census tract that is not currently offered nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Census tract 740.03 is a large area that is generally between Main Street and the SR-55 Freeway and Warner Avenue and MacArthur Boulevard. This area includes some residential uses, but contains mostly commercial, hospitality, office and industrial uses. Therefore, the recommended limit of one (1) facility based on the 3,173 inhabitants in 2016, may not provide sufficient service to those that are visiting and working in the area. The operation of an off-sale establishment at the proposed location will provide a service to those living, visiting and working in the south end of the census tract. 5. The business cannot operate profitably without a liquor license. The market and deli are permitted uses by right. The sale of alcoholic beverages will allow the market to compete with other similar facilities in the area. The ABC license will help increase the viability of the business and allow it to compete with larger establishments. 1-13 Resolution No. 2018-xx Page 6 of 7 6. The Applicant has demonstrated reasonable efforts to seek community input. The South Coast and Sandpointe Neighborhood Associations were contacted to identify any areas of concern due to the proposed ABC license and letter of public convenience or necessity. No issues of concern were raised regarding the conditional use permit and letter of public convenience or necessity applications. Section 2. In accordance with the California Environmental Quality Act (CEQA) 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 the sale of alcoholic beverages for off-site consumption within an existing building. General Rule Exemption/Environmental Review No. 2017-117 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-26 for the project located at 2 Hutton Center Drive, Units 101 and 102. 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 February 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Planning Commission of the City of Santa Ana does hereby determine that the issuance of an ABC license to Sy Choihan Market and Deli located at 2 Hutton Center Drive, Units 101 and 102, will serve the “Public Convenience or Necessity” and will not create a law enforcement problem and hereby instructs the Planning Division to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under the Santa Ana Municipal Code as well as Business and Professions Code Section 23958.4. ADOPTED this 12th day of February, 2018. 1-14 Resolution No. 2018-xx Page 7 of 7 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. 2018-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1-15 This page left blank intentionally. 1-16 1/2/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP No. 2017-26, Sy Choihan Market/Deli2 Hutton Center Drive, Unit 101/102 Exhibit 2 – Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-17 Exhibit 4 – Site Photo 1/ 3 / 2 0 1 8 1-18 = Census Tract Boundary (1) Quality Suites (2) Gerald’s Quick Stop (3) Acapulco Market (4) Halladay Market (5) Wine Exchange (6) Dyer 55 FWY Mobil Exhibit 3 – Map of Type 20 ABC Licenses within Census Tract 740.03 (3) 210 E. Warner Ave. (4) 601 E. Central Ave. (2) 3313 S. Main St. (6) 1351 E. Dyer Rd. (1) 2701 Hotel Ter 1544 E. Warner Ave. 2 Hutton Centre Dr 1-19 Exhibit 5 – Site Plan 1-20 1-21 This page left blank intentionally. 1-22 2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. 2-6 Resolution No. 2018-xx Page 1 of 6 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-33 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND AUTHORIZING THE ISSUANCE OF A PUBLIC CONVENIENCE OR NECESSITY LETTER FOR MOTHER’S MARKET AND KITCHEN LOCATED AT 151 EAST MEMORY LANE 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. Dan Kramer (Applicant), representing Mother’s Market and Kitchen Inc., is requesting approval of Conditional Use Permit No. 2017-33 to allow an Alcoholic Beverage Control (ABC) license for off-premises consumption for the property located at 151 East Memory Lane. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off-premises consumption. C. Pursuant to Business and Professions Code Section 23958.4, a determination of Public Convenience or Necessity (PCN) is required when the property is on an area where the number of crimes reported exceeds the average number by 20% or the ratio of population to number of retail stores exceeds the ratio recommended by the state for the census tract. D. On February 12, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-33. E. 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. 2017-33 to allow the sale of alcoholic beverages for off-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 off-premises consumption at this location will provide an additional service EXHIBIT 1 2-7 Resolution No. 2018-xx Page 2 of 6 and convenience to the community by allowing patrons to have the ability to purchase alcoholic beverages in conjunction with other goods commonly offered at a neighborhood-serving market. Approving the sale of alcoholic beverages for off-premises consumption will allow the market to continue to serve residents of City Place and attract new clientele. Operational standards apply to the alcoholic beverage control license that 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 off-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. Mother’s Market and Kitchen is an existing market serving the surrounding vicinity and the addition of alcohol will be ancillary to the primary use. All of the operational standards identified in SAMC Sec. 41-196(f) will apply to this establishment. 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 market to compete with other nearby retail stores that offer a full selection of alcoholic beverages for sale to its customers. Moreover, the offering of alcoholic beverages will allow Mother’s Market and Kitchen to remain economically viable and compete with nearby retail stores 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 alcohol beverage control license and conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a market selling alcoholic beverages for off-premises consumption pursuant to Chapter 41 of the SAMC. Operational standards will ensure the project remains in compliance with all 2-8 Resolution No. 2018-xx Page 3 of 6 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 off-premises consumption at this location will not adversely affect the General 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. Policy 2.4 of the Land Use Element supports pedestrian access between current market and surrounding residential communities in close proximity. 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. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Mother’s Market and Kitchen is located within a mixed use center and its operation is compatible with the surrounding land uses. F. A public convenience and necessity letter is required due to the undue concentration of off-sale establishments within the census tract. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant the preparation of a letter of public convenience or necessity pursuant to SAMC Section 41-645.5, have been established for Conditional Use Permit No. 2017-33 to allow the sale of alcoholic beverages for off- premises consumption: 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the general plan. Mother’s Market and Kitchen is located within an existing mixed- use development and the proposed sale of alcoholic beverages will be compatible with other uses currently operating on-site. The maximum floor area for alcohol display and storage will be less than five (5%) percent of the market area and will ensure that the sale of alcoholic beverages remains an ancillary component to the market’s operations. 2-9 Resolution No. 2018-xx Page 4 of 6 2. The economic benefit outweighs the negative impacts to the community as a whole. The business is not located in an area with high crime. In addition, all of the existing off-sale alcohol licenses are located in the City of Orange. The proposed license will provide a direct economic benefit to the City of Santa Ana and its residents. The operational standards for establishments selling alcoholic beverages will mitigate any potential negative impacts to the community. Therefore, the economic benefit to the business owner, the City and its residents outweigh the negative impacts related to overconcentration. 3. The issuance of the license will provide a needed service not currently being met in the community. Mother’s Market is proposing to sell organic, sulfite-free, gluten free and biodynamic beer and wine. This will provide a new specialty service to those living and working within the census tract that is currently not offered. 4. There exists special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. All current licenses within Census Tract No. 760 are in the City of Orange. Allowing Mother’s Market to sell alcoholic beverages will provide a service to the Santa Ana community. Furthermore, having Mother’s Market located within City Place makes it a prime location to have such use and will assist in creating a mixed-use and vibrant environment. 5. The business cannot operate profitably without a liquor license. The sale of alcoholic beverages will allow Mother’s Market to compete with other similar facilities in the area and help the establishment remain competitive. 6. The Applicant has demonstrated reasonable efforts to seek community feedback. Park Santiago Neighborhood Association was contacted to identify any areas of concern due to the proposed ABC license and letter of public convenience or necessity. No issues of concern were raised regarding the conditional use permit and letter of public convenience or necessity applications. 2-10 Resolution No. 2018-xx Page 5 of 6 Section 2. In accordance with the California Environmental Quality Act (CEQA) 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 the off-premises sale of alcoholic beverages at an existing neighborhood market. 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. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-33 for the project located at 151 East Memory Lane. 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 February 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Planning Commission of the City of Santa Ana does hereby determine that the issuance of an ABC license to Mother’s Market and Kitchen located at 151 East Memory Lane will serve the “Public Convenience or Necessity” and will not create a law enforcement problem and hereby instructs the Planning Division to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under the Santa Ana Municipal Code as well as Business and Professions Code Section 23958.4. ADOPTED this 12th day of February, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 2-11 Resolution No. 2018-xx Page 6 of 6 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. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-12 CUP No. 2017-33 for Mother's Market & Kitchen 151 E. Memory Lane 250 feet Exhibit 2 - Vicinity Zoning & Aerial Map City Boundaries Zoning 2-13 CUP No. 2017-33 for Mother’s Market & Kitchen 151 E. Memory Lane Exhibit – 4 Site Photo 2-14 CUP No. 2017-33 for Mother’s Market & Kitchen 151 E. Memory Lane Business Name Business Address License Type Distance (approx.) 1. CVS Pharmacy # 9725 480 S. Main Street, Orange Type-21 (General) 0.5 mi 2. 7-Eleven Store # 2172 290 S. Main Street, Orange Type-20 (Beer & Wine) 0.7 mi 3. Market (formally Fresh & Easy) 146 S. Main Street, Orange Type-21 (General) 1 mi 4. Circle S 2310 W. Chapman Ave, Orange Type-20 (Beer & Wine) 1.18 mi Exhibit – 3 Map of Off-Sale Licenses within Census Tract No. 760 1 4 2 3 Mother’s Market & Kitchen 2-15 CUP No. 2017-33 for Mother’s Market & Kitchen 151 E. Memory Lane Exhibit – 5 Site Plan Subject Unit 2-16 CUP No. 2017-33 for Mother’s Market & Kitchen 151 E. Memory Lane Exhibit – 6 Floor Plan Alcohol Storage/ Display Area 2-17 This page left blank intentionally. 2-18