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HomeMy WebLinkAboutAGENDA PACKET_04-23-18City of Santa Ana Planning Commission Meeting Agenda APRIL 23, 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 PLANNING COMMISSION AGENDA 1 APRIL 23, 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, commissi ons, 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 Cale ndar 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 PLANNING COMMISSION AGENDA 2 APRIL 23, 2018 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA APRIL 23, 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. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A – B. A. MINUTES FROM THE REGULAR MEETING OF APRIL 9, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * 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. PLANNING COMMISSION AGENDA 3 APRIL 23, 2018 1. FISCAL YEAR 2018-2019 CAPITAL IMPROVEMENT PROGRAM {STRATEGIC PLAN NO. 3, 2} – Jason Gabriel, Public Works Agency RECOMMENDED ACTION: Adopt a resolution finding the Fiscal Year 2018-2019 Capital Improvement Program consistent with the Santa Ana General Plan. PUBLIC HEARING 2. AMENDMENT APPLICATION NO. 2018-02 TO ALLOW A ZONE CHANGE FROM RESIDENTIAL (R1) TO OPEN SPACE (O) AND GENERAL PLAN AMENDMENT NO. 2018-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LR-7) TO INSTITUTIONAL (INS) FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE EXPANSION PROJECT LOCA TED AT 1202 WEST EDINGER AVENUE– PATRICK MURPHY, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3} –Vince Fregoso, Case Planner Legal notice published in the Orange County Reporter on April 13, 2018 and notices mailed on April 13, 2018. At the request of the applicant, the matter was continued from the meeting held on April 9, 2018 by a vote of 7:0. RECOMMENDED ACTIONS: Recommend that the City Council: 1. Deny the Third Amendment to Development Agreement No. 1999 -01 (DA No. 2015-02) for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018 -02. 3. CONDITIONAL USE PERMIT NO. 2016-32 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR EL CORTIJO GRILL LOCATED AT 413 WEST SEVENTEENTH STREET, UNIT S 106 AND 107 – BLANCA YEPEZ, APPLICANT {STRATEGIC PLAN NOS. 3, 2} –Ivan Orozoco, Case Planner 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. PLANNING COMMISSION AGENDA 4 APRIL 23, 2018 Legal notice published in the Orange County Reporter on April 13, 2018 and notices mailed on April 13, 2018. RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2016-32. * * * END OF BUSINESS CALENDAR * * * 4. UPDATE ON CURRENT PLANNING – Ali Pezeshkpour, Planning & Building Agency. Matter continued from the meeting held on April 9, 2018. ***END OF WORK STUDY SESSION*** COMMENTS 5. STAFF COMMENTS 6. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - The next meeting of the Planning Commission is scheduled for Monday, May 14, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  CUP2017-34 & 2017-35 (Main Sports Grill_2531 S Main Street)  CUP2018-06_2407 S Bristol (IHOP)  CUP2018-09_3396 S Bristol Street (FuRaiBo Restaurant)  SPR2017-09; DBA2017-02 (AMG)  CUP2018-07_102 N Sycamore (Gus's Fried Chicken)  CUP2018-08_2907 S Crody (Wireless Facility)  CUP2018-10_2555 S Main (Wireless Facility)  Work Study: Brown Act 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. This page left blank intentionally. 1 PLANNING COMMISSION MINUTES April 9, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA April 09, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:37 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE PHIL BACERRA MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: None. STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney ANN NI, Associate Planner ESCARLET MAR, Case Planner JERRY GUEVARA, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items) The following public comments were received:  Dale Helvig spoke in opposition to the project located at 2525 North Main Street; indicated that the developer sent out a flyer to the community that contained misleading information. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. MOTION: Nguyen SECOND: Mendoza VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) 2 PLANNING COMMISSION MINUTES April 9, 2018 ABSTAIN: None (0) ABSENT: None (0) A. MINUTES FROM THE REGULAR MEETING OF MARCH 26, 2018 MOTION: Approve Minute B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: None. * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. AMENDMENT APPLICATION NO. 2018-02 TO ALLOW A ZONE CHANGE FROM RESIDENTIAL (R1) TO OPEN SPACE (O) AND GENERAL PLAN AMENDMENT NO. 2018-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LR-7) TO INSTITUTIONAL (INS) FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE EXPANSION PROJECT LOCATED AT 1202 WEST EDINGER AVENUE Legal notice published in the Orange County Register on March 30, 2018 and notices mailed on March 30, 2018. The applicant has requested that the matter be continued to the next scheduled meeting. Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Continue matter until April 23, 2018. MOTION: Bacerra SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3 PLANNING COMMISSION MINUTES April 9, 2018 2. CONDITIONAL USE PERMIT NOS. 2018-03 AND 2018-04 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND AFTER-HOURS OPERATION UNTIL 2:00 A.M. AT FATHER’S BURRELL BBQ PIT LOC ATED AT 1810 NORTH TUSTIN AVENUE Legal notice published in the Orange County Reporter on March 30, 2018 and notices mailed on March 30, 2018. All commissioners disclosed that the applicant’s representative, Pamela Sapetto, contacted them regarding the matter. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Discussion ensued regarding the floor plan, designated parking spaces and entertainment permit. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. T here were no speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2018 -03 to allow the sale of alcoholic beverages for on-premise consumption. 2. Adopt a resolution approving Conditional Use Permit No. 2018-04 as conditioned to allow after-hours operation until 2:00 a.m. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 1988-01, GENERAL PLAN AMENDMENT NO. 2015-01, AMENDMENT APPLICATION NO. 2015-01 AND ZONING ORDINANCE AMENDMENT NO. 2015-01 TO AMEND THE BRISTOL STREET SPECIFIC PLAN Legal notice published in the Orange County Register on March 30, 2018 and notices mailed on March 30, 2018. Staff clarified that the matter under consideration was not related to the acquisition of any additional properties along the Bristol Street Corridor. 4 PLANNING COMMISSION MINUTES April 9, 2018 Case Planner Fregoso provided a presentation which included a description of the project, project background, project analysis, and provided an analysis of the issues. Discussion ensued regarding landscape, mixed-use opportunities, potential skate parks, marketing of properties available for sale, construction timeline, and available funding for construction north of 17th to Memory Lane. Chair McLoughlin opened the Public Hearing. The following spoke on the matter:  Ricardo Arteaga: concerned with traffic safety.  Tish Leo: concerned with the substandard apartments along the Bristol Street Corridor; requested Code Enforcement conduct an inspection.  Herlinda Salcedo: concerned with substandard apartments along the Bristol Street Corridor.  John Fairbrother: would like an access point created for Santiago Elementary to help relieve traffic in the Floral Park neighborhood.  Marcus Nelson: believes proposed changes should be considered significant and not taken lightly.  Patricia Velasquez: concerned with traffic safety. Commission requested that concerns expressed during the Public Hearing regarding the substandard apartments be addressed by Code Enforcement. Further discussion ensued regarding traffic safety, traffic calming measures, and proximity of commercial buildings to residential. MOTION: Recommend that the City Council adopt the following with the added condition that Section 6.1.1 and Section 6.1.2 of the Bristol Street Corridor Specific Plan be modified to locate commercial building closer to Bristol Street when in close proximity to residential. 1. Adopt a resolution approving the addendum to Environmental Impact Report No. 1988-01 for the Bristol Street Specific Plan; 2. Adopt a resolution approving General Plan Amendment No. 2015-01; 3. Adopt an ordinance approving Amendment Application No. 2015-01; and 4. Adopt an ordinance approving Zoning Ordinance Amendment No. 2015-01. ***END OF BUSINESS CALENDAR*** 5 PLANNING COMMISSION MINUTES April 9, 2018 WORK STUDY SESSION 4. UPDATE ON CURRENT PLANNING PROJECTS Staff requested the matter continued to the next regularly scheduled meeting. 5. REVIEW PROPOSED PROJECT LOCATED AT 1122 BEWLEY Case Planner Ni provided a project description and reviewed the variances requested by the applicant. Discussion ensued regarding lot size, off-street parking, open space, existing site usage, and fire access lane. Commission indicated site plan was not clearly depicted and requested renderings be clarified. COMMENTS 6. STAFF COMMENTS: Acting Planning Manager Fregoso announced the retirement of Associate Planner Ni; her last day will be on April 19, 2018. 7. PLANNING COMMISSION MEMBER COMMENTS: All commissioners thanked Associate Planner Ni for her service to the City. Commissioner Mendoza  Reported that she attended the fourth annual Loc al Government Conference at Chapman University.  Requested prayers for well-known community member, Nelly Koneski. Commissioner Verino  Requested an update on the Main Sports Grill. o Staff indicated the matter will be brought forward to the Commission at an upcoming meeting. Commissioner Bacerra  Requested an update on the Mental Health Association in regards to complaints received at a previous meeting. o Staff indicated that the matter is still under review Chair McLoughlin  Meeting will be adjourned in honor of Ann Ni and Nelly Koneski. 6 PLANNING COMMISSION MINUTES April 9, 2018 ADJOURNED IN HONOR OF ANN NI AND NELLY KONESKI - 7:15 P.M. - The next meeting of the Planning Commission is scheduled for Monday, April 23, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary 1-1 1-2 Resolution No. 2018-xx Page 1 of 4 LS 4.23.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FINDING THE FISCAL YEAR 2018-2019 CAPITAL IMPROVEMENT PROGRAM CONSISTENT WITH THE SANTA ANA GENERAL PLAN 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. California Government Code Section 65401 requires review of the Capital Improvement Program (CIP) by the Planning Commission to determine that the program is consistent with the General Plan. B. The City has prepared a Fiscal Year 2018-2019 CIP. C. On April 23, 2018, the Planning Commission reviewed said request and considered all factors relating to the General Plan consistency of the Fiscal Year 2018-2019 CIP. D. The proposed Capital Improvement Program is consistent with the Santa Ana General Plan because the projects under the Fiscal Year 2018-2019 CIP are consistent with one or more of the following General Plan goals and policies: Circulation Element: i. Policy 1.6 encourages the improvement of intersection capacity on major arterials to accommodate increased traffic demands. ii. Policy 1.7 supports the coordination of traffic signal synchronization citywide, and with adjacent jurisdictions. iii. Policy 1.9 encourages the use of the Pacific Electric Railroad right-of-way as a transportation corridor. iv.Policy 2.2 supports bus turnouts along heavily traveled arterial streets to minimize traffic conflicts. v.Policy 2.5 supports the upkeep of the City’s streets and parkways based upon an established maintenance schedule. vi. Policy 3.5 supports the enhancement of sidewalks and pedestrian systems to promote their use as a means of travel. vii. Policy 3.6 supports the maximization of public rights-of-way for pedestrian and bicycle paths. 1-3 EXHIBIT 1 Resolution No. 2018-xx Page 2 of 4 viii. Policy 3.8 encourages the development of bicycle paths that maximize access to major activity centers, neighborhoods jurisdictions, and regional bicycle paths. ix.Policy 5.3 encourages the development of landscape medians on major arterials. Conservation Element: x.Goal 1 encourages the protection of the public health, safety and welfare through effective management of natural resources. xi.Goal 2 supports the preservation, maintenance and proper use of natural and cultural resources. xii.Goal 3 supports the preservation and enhancement of aesthetic and environmental quality of the community for the enjoyment of all residents. Growth Management Element: xiii.Goal 1 supports the reduction of traffic congestion. xiv.Goal 2 supports the improvement of adequate transportation and public facilities for existing and future residents. Housing Element: xv.Policy 1.4 encourages the creation and maintenance of parks and open spaces; the planting of trees, green parkways and medians; supports healthy food options, and encourages the maintenance of continuous pattern of pathways that encourage an active healthy lifestyle. xvi.Policy 1.5 encourages quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. Land Use Element: xvii.Policy 1.7 supports open space in under-served areas. Open Space, Parks and Recreation Element: xviii.Goal 1 encourages sufficient open space to meet the recreational and aesthetic needs of the community. xix.Goal 2 supports public access and use of open space facilities. 1-4 Resolution No. 2018-xx Page 3 of 4 Public Safety Element: xx.Goal 1 encourages the preservation of a safe and secure environment for all Santa Ana residents and workers. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is Categorical Exempt from CEQA per Class 6 (Information Collection) Section 15306. This exemption consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Section 3. The Planning Commission herby determines that the Fiscal Year 2018-2019 Capital Improvement Program is consistent with the goals and policies outlined in the City’s General Plan. ADOPTED this 23rd day of April, 2018. 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 1-5 Resolution No. 2018-xx Page 4 of 4 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 April 23, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-6 EXHIBIT 1 – FY 2018-2019 CAPITAL IMPROVEMENT PLAN PLEASE REFER TO THE BINDERS THAT ARE PROVIDED. This page left blank intentionally. 2- 1 2- 2 2- 3 2- 4 2- 5 2- 6 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT This Third Amendment to Development Agreement (the "Third Amendment") dated as of ___________, 2018, by and between the CITY OF SANTA ANA ("City") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California non- profit corporation (“Developer”), collectively the “Parties”. RECITALS: A. In August 1995, the City entered into a Development Agreement with the Developer to facilitate the physical expansion and improvements of an existing private secondary school. In June 1999, the City and Developer approved the First Amendment to the Development Agreement to reflect various changes in development standards applicable to the project. In August 2015, the parties approved a Second Amendment to the Development Agreement to allow the physical expansion of the school campus, allow the construction of a parking structure and new school building, extend the term of the agreement, allow an increase in enrollment. B. California Government Code section 65868 provides that a development agreement may be amended by mutual consent of the parties to the agreement. The City and Developer desire to enter into this Third Amendment in order to facilitate certain street improvements associated with the school. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: 1.Section 7 of the Second Amendment is hereby deleted and amended to read as follows: 7.Dedications, Street Improvements, Parking Structure and Performing Arts Center. c.The parking structure, the new Performing Arts Center and other on-site building improvements are to be completed by Developer at Developer's sole cost and expense as generally described in the Site and Development Plan. All off- site improvements shall be completed by Developer at its sole cost and expense, except for the following improvements: (i) Installation of a traffic signal and associated improvements at Bristol Street and St. Andrew Place; (ii) The replacement and restoration of St. Andrew Place; and, (iii) Completion of abandonment and associated utility relocations for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley. EXHIBIT 1 2- 7 The costs to the City for the above referenced improvements shall not exceed $1,790,415. The Developer shall be responsible for any and all costs that exceed such amount. 2.Except as amended herein, all terms, conditions and agreements of the Development Agreement and exhibits thereto shall remain in full force and effect and each term, covenant and agreement is incorporated herein by reference as though set forth herein. ATTEST: CITY OF SANTA ANA ________________________ _________________________ MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager APPROVED AS TO FORM: DEVELOPER: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK Name: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL: _________________________ CANDIDA NEAL, Acting Director Planning and Building Agency 2- 8 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-02 REZONING NINETEEN (19) PROPERTIES LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FROM RESIDENTIAL TO OPEN SPACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1950, Mater Dei High School began operations in Santa Ana. In 1961, the school obtained a conditional use permit to expand their existing classroom facilities. B. In 1995, the City Council approved a development agreement, amendment application and general plan amendment in conjunction with a master plan of development for Mater Dei High School. In 1999, the Council approved an amendment to the development agreement, allowing an expansion of the high school campus. C. In 2015, the City Council approved Final Environmental Impact Report No. 2013-01 and Amendment to Development Agreement No. 1999-01, allowing the expansion of the campus and the construction of a three-level 1,000-car parking structure. D. Over the past 58 years, Mater Dei High School has been a community asset, providing religious and educational opportunities to the youth of the community. In an effort to consolidate current parking facilities onto their campus, the school is proposing to rezone properties to be consistent with the existing zoning of the campus. E. Amendment Application No. 2018-02 has been filed by Mater Dei High School to change the zoning designation from Single-Family Residence (R-1) to Open Space (O) for nineteen (19) parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the zoning of the existing high school campus. F. The zoning designation of the various parcels as shown on Exhibit A will allow the redevelopment of these parcels into a parking structure use, thereby being consistent with the goals and objectives of the General Plan. EXHIBIT 2 2- 9 G. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve the City’s 2014-2021 RHNA allocation. H. On April 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-02 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-02. I. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 15, 2018. J. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 15, 2018 accompanying this matter. K. For these reasons, and each of them, Amendment Application No. 2018-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has considered the information contained in the previously approved environmental impact report for the mater Dei High School parking Structure and School Expansion project (EIR No. 2013-01) 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 hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed project has been analyzed under the EIR and meets all the requirements of CEQA. Section 3 . This ordinance shall not be effective unless and until Resolution No. 2018- ___(General Plan Amendment No. 2018-02) 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 does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. 2- 10 Section 4. 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 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this 15th day of May, 2018 _______________________ 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 ___________________________________ 2- 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2018, 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 2- 12 LS 4.23.18 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-02 AMENDING THE GENERAL PLAN LAND USE DESIGNATION OF NINETEEN (19) PARCELS LOCATED ON BERKELEY STREET, OCCIDENTAL STREET AND ST. ANDREW PLACE FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE AND SCHOOL EXPANSION 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. Mater Dei High School is requesting approval of General Plan Amendment No. 2018-02 to amend the General Plan land use designation of 19 parcels located on Berkeley Street, Occidental Street and St. Andrew Place to be consistent with the General Plan land use designation of the existing high school campus. B. On April 23, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2018-02. C. On May 15, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2018-02, 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. D. General Plan Amendment No. 2018-02 has been filed to amend the General Plan to change the land use designation of 19 properties located on Berkeley Street, Occidental Street and St. Andrew Place from Low Density Residential (LR-7) to Institutional (INS) to be consistent with the General Plan designation of the existing high school campus. E. The City Council has considered the General Plan’s policies and has determined that General Plan Amendment No. 2018-02 is consistent with the purpose of the general plan. EXHIBIT 3 2- 13 F. The parking structure project required the acquisition of 19 residentially zoned properties, which reduced the amount of housing in the City. The Applicant is requesting that these 19 properties be redesignated to Open Space zoning and Institutional General Plan land use designation, which prohibits residential development. To accommodate this loss of housing, the City recently entitled a residential project on a site on East Fourth Street that was historically used for industrial purposes. In addition, the City is in the process of further increasing the availability of housing though the adoption of zoning amendments to the Bristol Street Specific Plan and the Metro East Mixed Use Corridor expansion. Both of these projects will result in an overall increase in land available for residential development that exceeds the number of units removed for the Mater Dei project. Therefore, the loss of 19 single-family residential properties will not impact the inventory of housing opportunity sites needed to achieve City’s 2014-2021 RHNA allocation. Section 2. The City Council has considered the information contained in Environmental Impact Report No. 2013-01 that was 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 proposed project was analyzed in the previously prepared EIR and adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-02. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. 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 May 15, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 2- 14 Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-02) becomes effective. If said ordinance is 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 resolution shall be null and void and have no further force and effect. ADOPTED this 15th day of May 2018. _______________________ 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 2- 15 This page left blank intentionally. 2- 16 EXHIBIT A TABLE OF PROPOSED GENERAL PLAN AMENDMENTS 2- 17 2- 18 2- 19 2- 20 2- 21 This page left blank intentionally. 2- 22 !"^$ ?sE BEA R S T MA I N S T DYER R D 1ST ST SU S A N S T 1ST ST ALTON A V E GR A N D A V E EU C L I D S T FLO W E R S T EU C L I D S T WAR N E R A V E WAR NER AVE TUS T I N A V E HAZ AR D AVE BR I S T O L S T HAR B O R B L V D FAIR V I E W S T LA VETA AVE HAR B O R B L V D HAR B O R B L V D EDINGER AVE EDINGER AVE HAR B O R B L V D FAIR V I E W S T R E D H I L L A V E GAR DEN GR OVE BLVD SANTA ANA FR W Y COSTA ME S A F R W Y CO S T A M E S A F R W Y COSTA ME S A F R W Y GAR DEN GR OVE FR WY GAR DEN GR OVE FR WY 4TH ST NEW H O P E S T NEW H O P E S T McFADDEN AVE SUNFLOWER AVE GR E E N V I L L E S T SUNFLOWER A V E MAC A R T H U R B L V D SEGER STR OM AVE MACAR THUR BLVD 17TH ST SANTA CLAR A AVE McFADDEN AVE 17TH STWESTMINSTER AVE SAN T A A N A R I V E R S A N T A A N A F R E E W A Y SANTA AN A F R E E W A Y SAN T A A N A R I V E R 1 23 54 8 109 7 11 6 14 12 1615 22 21 20 19 18 17 23 13 13 24 25 26 26 27 I La nd Use Ele m e nt La nd Use Pla n &De ve lopm e ntInte nsity Sta nda rds/FAR Are a s Exhibit A-4 The se la nd use de sig na tions ha ve a floor a re a ra tio a s note d be low unle ss othe rwise indica te d in the ta ble be low. R e vise d - April 2017 UN (Urba n Ne ig hborhood) 0.5 - 1.5 GC (Ge ne ra l Com m e rcia l) 0.5 IND (Industria l) 0.45 INS (Institutiona l) 0.5 O (Ope n Spa ce ) 0.2 DC (District Ce nte r) 1.0 PAO (Profe ssiona l & Adm inistra tion Office ) 0.5 OBPDC (One Broa dwa y Pla za District Ctr.) 2.9 LR -7 (Low De nsity R e side ntia l) LMR -11 (Low-Me dium De nsity R e side ntia l) MR -15 (Me dium De nsity R e side ntia l) Proje ct / Are a Floor Are a R a tio 1- Ma inPla ce … … … … … … … … … … … … … … .… .... 2.1 2- City Pla ce … … … … … … … … … … … … … … … … ... 2.54 3- North Ma in St… … … … … … … … … … .… … … .… . 1.5 4- North Broa dwa y… … … … … … … … … … .… … … .. 1.0 5- Muse um District… … … … … … … … … … … .… … .. 1.5 6- Hutton De ve lopm e nt… … … … … … … … .… … … .. 1.0 7- Civic Ce nte r Spe cific De v Pla n… … .… … … … … . 1.0 8- Midtown Spe cific Pla n… … … … … .… … … … … … 0.5-1.0 9- Civic Ce nte r… … … .… … … … … … … … … … … … . 1.0 10- Downtown… … … … … … … .… … … … … … … … … 3.0 11- Ora ng e County R e g iste r… … … … .… … … … … … 1.15 12- Xe rox Ce nte r De v… … … … … … … … … … .… … … 3.29 13- First St / Tustin Ave … … … … … … … … .… … … … . 1.0 14- Be nta ll Ce nte r De v… … … … … … … … … .… … … . 1.5 15- 2720 Hote l Te rra ce Dr… … … … … … … … .… … … 1.0 16- 1951 E Ca rne g ie Ave … … … … … … … … … .… … . 0.55 17- 4040 W Ca rria g e Ave … … … … … … … .… … … … . 0.47 18- La ke Ce nte r De v… … … … … … … … … … … .… … . 0.72 19- South Coa st Me tro… … … … … … … … … … ...… … 1.0 20- Ma c Arthur Pla ce … … … … … … … … … .… … … … . 2.0 21- Ma c Arthur Pla ce South… … … … … … … … … … .. 1.0 22- Pa c Te l Office … … … … .… … … … .… … … … … … . 1.5 23- Me tro Ea st… … … … … … … … … … … … … … … … . 3.0 24- Tra nsit Villa g e … … … … … … … … … … … … … … . 5.0 25- Town a nd Country Ma nor… … … … … … … … … . 1.27 26- Ha rbor Mixe d Use Spe cific Pla n… … … … … … … 0.5-5.0 27- The He rita g e … … … … … … … … … … … … … … … .. 1.7 Pe nding 2- 23 !"^$ ?sE BE A R S T MA I N S T DY E R R D 1ST ST SU S A N S T 1ST ST ALT O N A V E GR A N D A V E EU C L I D S T FL O W E R S T EU C L I D S T WA R N E R A V E WARNER AVE TU S T I N A V E HAZARD AVE BR I S T O L S T HA R B O R B L V D FA I R V I E W S T LA VETA AVE HA R B O R B L V D HA R B O R B L V D EDINGER AVE EDINGER AVE HA R B O R B L V D FA I R V I E W S T RED H I L L A V E GARDEN GROVE BLVD SANT A A N A F R W Y COS T A M E S A F R W Y CO S T A M E S A F R W Y COS T A M E S A F R W Y GARDEN GROVE FRWY GARDEN GROVE FRWY 4TH ST NE W H O P E S T NE W H O P E S T McFADDEN AVE SUNFLOWER AVE GR E E N V I L L E S T SUNFLOWER AVE MA C A R T H U R B L V D SEGERSTROM AVE MACARTHUR BLVD 17TH ST SANTA CLARA AVE McFADDEN AVE 17TH STWESTMINSTER AVE SAN T A A N A R I V E R S A N T A A N A F R E E W A Y SAN T A A N A F R E E W A Y SAN T A A N A R I V E R I Land Use Element Land Use Plan Revised - April 2018 Land Use Designations LR-7 (Low Density Residential) LMR-11 (Low-Medium Density Residential) MR-15 (Medium Density Residential) UN (Urban Neighborhood) GC (General Commercial) IND (Industrial) INS (Institutional) DC (District Center) PAO (Professional & Administration Office) OBPDC (One Broadway Plaza District Ctr.) O (Open Space) Pending 2- 24 4/16/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 Addendum to DA No. 1999-1, AA No. 2018-2 and GPA No. 2018-2Mater Dei High School - 1202 W. Edinger Avenue Exhibit No. 4 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2- 25 EXHIBIT 5 2- 26 3-1 3-2 3-3 3-4 3-5 This page left blank intentionally. 3-6 LS 4.23.18 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-32 TO ALLOW THE ON- PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES AT EL CORTIJO GRILL RESTAURANT LOCATED AT 413 WEST SEVENTEENTH STREET, UNITS 106 AND 107 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. Applicant is requesting approval of Conditional Use Permit No. 2016-32 to allow an on-premises Alcoholic Beverage Control (ABC) license for the property located at 413 West Seventeenth Street, Units 106 and 107. B. Santa Ana Municipal Code (SAMC) section 41-196 requires a conditional use permit (CUP) for the sale of alcoholic beverages for on-site consumption of beer, wine, and distilled spirits service that is ancillary to the primary restaurant use. C. On September 12, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. At said public hearing, the Commission voted to continue the item until staff reviewed the current state of the parking lot and disrepair at the property. D. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. Staff provided feedback on the site repairs and recommended that since the application was for one individual tenant space, the requirements to bring the entire parking area to compliance was not the responsibility of a single tenant, but the property owner and indicated that the Code Enforcement Division would take action on the matter. Although the application was being considered, the Planning Commission also mentioned that several tenant spaces on the property were being used for illegal dispensaries. Since the CUP is an entitlement that benefits the property owner, no further consideration of the CUP was taken until the illegal uses vacated the property. E. In February 2018, in a joint task force, the Santa Ana Police Department and the Code Enforcement Division were able to vacate the illegal 3-7 dispensaries and El Cortijo Grill was permitted to continue the CUP process. F. On April 23, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-32. 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. 2016-32 to allow for the on-premises ABC license: 1. That the proposed use provides a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sale of alcoholic beverages for on-premises consumption will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to the alcoholic beverage control license which will address 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 persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use ensuring that El Cortijo Grill Restaurant continues to operate as a bona-fide restaurant. The site is located away from sensitive land uses, ensuring the health and safety of the residents living in the vicinity. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 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. 3-8 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties in the surrounding area. The proposed sale of alcoholic beverages will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the conditional use permit for the ABC license will enhance the economic viability of the area and create a more attractive eating opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow El Cortijo Grill Restaurant, a fast casual establishment, to remain economically viable and contributes to the overall success of eating establishments along the Seventeenth Street corridor. 4. That the proposed use complies with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol 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(g). 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 full- service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant 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 or any specific plan of the City. The proposed sale of alcoholic beverages will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. 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, 3-9 the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City’s needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with and supporting of surrounding land uses. El Cortijo Grill Restaurant is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. H. 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 on-premises sale of beer, wine, and distilled spirits at a full-service restaurant within an existing structure. Categorical Exemption Environmental Review No. 2016-94 will be filed for this project. Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-32. 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 April 23, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of April, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 3-10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-_______ to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 23, 2018. Date: ________________ ____________________________________ Planning Commission Secretary City of Santa Ana 3-11 This page left blank intentionally. 3-12 4/12/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP 2016-32, El Cortijo Grill Restaurant413 W. Seventeenth Street, Units 106 & 107 Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Zoning Labels: Zoning 250 feet 3-13 CUP 2016-32 EL CORTIJO GRILL RESTAURANT 413 W. SEVENTEENTH STREET, UNITS 106 & 107 Exhibit 3 3-14 CUP 2016-32 EL CORTIJO GRILL RESTAURANT 413 W. SEVENTEENTH STREET, UNITS 106 & 107 Exhibit 4 3-15 CUP 2016-32 EL CORTIJO GRILL RESTAURANT 413 W. SEVENTEENTH STREET, UNITS 106 & 107 Exhibit 5 3-16