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HomeMy WebLinkAbout08-13-18 PC AGENDA PACKETCITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA August 13, 2018 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative ROMAN REYNA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/coc/granicus.asp 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 Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director PLANNING COMMISSION AGENDA 1 August 13, 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 Calendar items an d/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 i n 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 August 13, 2018 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. 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-C. A. MINUTES FROM THE REGULAR MEETING OF JUNE 25, 2018 {STRATEGIC PLAN NO. 5, 1} Matter continued from the July 23, 2018 meeting by a vote of 3:0 (Roman abstain ed; Alderete, Contreras-Leo, Verino absent). RECOMMENDED ACTION: Approve Minutes. B. MINUTES FROM THE REGULAR MEETING OF JULY 23, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. C. 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 discu ssion 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 August 13, 2018 PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2018-14 TO ALLOW AN EXISTING 60-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 1403 NORTH TUSTIN AVENUE – CROWN CASTLE, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5} – Ivan Orozco, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the action is exempt from CEQA analysis pursuant to Section 15061(b)(3). Legal noticed published in the Orange County Reporter on August 3, 2018 and notices mailed on August 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-14 as conditioned. 2. CONDITIONAL USE PERMIT NO. 2018-15 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT A RESTAURANT (WINGSTOP) LOCATED AT 701 SOUTH HARBOR BOULEVARD, UNIT C – FAR WEST RESTAURANT GROUP LLC, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4} – Escarlet Mar, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the action is exempt from CEQA analysis pursuant to Section 15061(b)(3). Legal noticed published in the Orange County Reporter on August 3, 2018 and notices mailed on August 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-15. 3. TENTATIVE TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED AT 1102 NORTH KING STREET – AN HA, APPLICANT {STRATEGIC PLAN NOS. 3, 2} – Ivan Orozco, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the action is exempt from CEQA analysis pursuant to Section 15332. Legal noticed published in the Orange County Reporter on August 3, 2018 and notices mailed on August 3, 2018. RECOMMENDED ACTION: 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 August 13, 2018 1. Recommend that the City Council adopt a resolution approving Tentative Tract Map No. 2018-03 as conditioned and 2. Adopt a resolution approving Variance No. 2018-08 (a) as conditioned to allow a reduction in front yard setback; and 3. Adopt a resolution approving Variance No. 2017-08 (b) as conditioned to allow a reduction in rear yard setback. ADMINISTRATIVE MATTERS 4. ELECTION OF OFFICERS FOR THE 2018-2019 TERM Matter continued from the July 23, 2018 meeting by a vote of 4:0 (Alderet e, Contreras- Leo, Verino absent). RECOMMENDED ACTIONS: 1. Elect a Chairperson of the Planning Commission for the 2018- 2019 term. 2. Elect a Vice Chairperson of the Planning Commission for the 2018- 2019 term. 3. Elect a Representative from the Planning Commission to the Historic Resources Commission for the 2018- 2019 term. * * * END OF BUSINESS CALENDAR * * * 5. ROCKET EXPRESS CARWASH PROPOSED REVISIONS - 1703 EAST SEVENTEENTH– Ali Pezeshkpour, Planning & Building Agency. COMMENTS 6. STAFF COMMENTS 7. COMMISSION MEMBER COMMENTS 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. PLANNING COMMISSION AGENDA 5 August 13, 2018 ADJOURNMENT – The next regular meeting of the Planning Commission is scheduled for Monday, August 27, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  Site Plan Review_Elan Project  2525 N. Main Street - Receive Public Comment on draft Environmental Impact Report  2525 N. Main Street (Work Study) 1 PLANNING COMMISSION MINUTES June 25, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA June 25, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:36 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair KENNETH NGUYEN BEATRIZ MENDOZA LYNNETTE VERINO COMMISSIONERS Absent: None. STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner ESCARLET MAR, Case Planner ERIC MARTIN, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items) The following spoke in opposition to the proposed project located at 2525 N. Main Street.  Barbara Rooker: Expressed concern with traffic congestion.  Lisa Ganz: Expressed concerned with traffic congestion and negative impacts on the surrounding area.  Rory Rooke: Expressed concern with traffic congestion and negative impacts on the surrounding area.  Cathy Moorehead: Opined project is incompatible with the area. A-1 2 PLANNING COMMISSION MINUTES June 25, 2018 CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-C. A. MINUTES FROM THE SPECIAL MEETING OF JUNE 4, 2018 MOTION: Approve Minutes. B. MINUTES FROM THE REGULAR MEETING OF JUNE 11, 2018 MOTION: Approve Minutes. C. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: None. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. 2018-13 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AT HIRONORI RESTAURANT LOCATED AT 3394 SOUTH BRISTOL STREET, UNIT A - TAIT & ASSOCIATES, APPLICANT Legal notice published in the Orange County Reporter on June 15, 2018 and notices mailed on June 14, 2018. Case Planner Martin provided a project overview which included a project description, site description and project analysis. The applicant spoke in support of the matter. No written communication was received. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. A-2 3 PLANNING COMMISSION MINUTES June 25, 2018 MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2018-13. MOTION: Alderete SECOND: Verino VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza Nguyen, Verino (6) NOES: ABSTAIN: None (0) ABSENT: None (0) 2. VARIANCE NOS. 2018-04, 2018-05, AND 2018-06 TO CONVERT AN EXISTING 24,428 SQUARE-FOOT OFFICE BUILDING AND CONSTRUCT A 4,940 SQUARE-FOOT ADDITION WITH A REDUCTION IN REQUIRED SETBACKS, VEHICLE DISTANCE REQUIREMENT FROM A NEARBY INTERSECTION, AND FENCE HEIGHT, AND AMENDMENT APPLICATION NO. 2018-05 TO ALLOW A ZONE CHANGE FROM ARTERIAL COMMERCIAL (C-5) AND SINGLE-FAMILY RESIDENCE (R-1) TO ARTERIAL COMMERCIAL (C-5) FOR EDNOVATE PUBLIC CHARTER SCHOOL LOCATED AT 1450 EAST SEVENTEENTH STREET. - PACIFIC WEST COMMUNITIES, INC., APPLICANT Legal notice published in the Orange County Reporter on June 15, 2018 and notices mailed on June 14, 2018. The following communication disclosures were made:  Chair McLoughlin and Vice Chair Contreras-Leo disclosed that Jill Wallace contacted them regarding the project.  Commissioner Mendoza disclosed that resident, Tina Alcaraz, contacted her regarding the project.  Commissioner Nguyen disclosed that Kate Hart contacted him regarding the project. Case Planner Mar provided a project overview which included a project description, site description, and project analysis. Discussion ensued regarding the traffic study, traffic congestion, traffic circulation neighborhood concerns, prior use of the property, driveway variance, parking monitoring program, and fence design. The applicant spoke in support of the matter and addressed concerns regarding vehicular circulation, traffic and parking, and impact of traffic on surrounding neighborhood. Reported that staggering start times and end times would help to alleviate traffic impact on A-3 4 PLANNING COMMISSION MINUTES June 25, 2018 surrounding neighborhood; plans to comply with traffic study so that there is no impact on the neighborhood. Further discussion ensued regarding the number of staff members, the school’s no-drive policy, the petition that was submitted by the neighborhood; the student recruitment process, the composition of the student population, and the construction timeline. Written communication in opposition to the matter (petition) was submitted by resident, Tammy Russell. Chair McLouhglin opened the Public Hearing. The following spoke on the matter.  Bill Gunstream, representative of the Church of the Nazerine, spoke in support of the matter; has developed a good working relationship with staff at Ednovate; school is good asset to the community.  Asim Saltan spoke in opposition to the matter; concerned with traffic congestion and noise; site is not compatible with the neighborhood.  Mike Tardif spoke in support of the matter; good development opportunity for the neighborhood.  Blanca Alcaraz spoke in opposition; concerned with traffic congestion.  Steven Vincent spoke in support; current building is underutilized; good development opportunity for the neighborhood. There were no other speakers and the Public Hearing was closed. Commission generally agreed that traffic in the area will be an issue regardless of the building use; encouraged the school work with the community to resolve issues. Commissioner Mendoza is not in support of the matter due to the community’s concern with traffic congestion and traffic safety. MOTION: Recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2018-5 to rezone property from Single-Family Residence (R-1) and Single-Family Residence/B- suffix (R-1B) to Arterial Commercial (C-5). 2. Adopt a resolution approving Variance No. 2018-4 to allow a reduction in required street setbacks; A-4 5 PLANNING COMMISSION MINUTES June 25, 2018 3. Adopt a resolution approving Variance No. 2018-5 to allow a driveway within 150 of a street intersection; and 4. Adopt a resolution approving Variance No. 2018-6 to allow an increase in fence height in the required landscape setback. MOTION: Contreras- Leo SECOND: Verino VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: Mendoza (1) ABSTAIN: None (0) ABSENT: None (0) ***END OF BUSINESS CALENDAR*** WORK STUDY CALENDAR ITEMS 3. PLANNING COMMISSIONER TRAINING / BROWN ACT INFORMATION SESSION – Lisa Storck, City Attorney’s Office. Assistant City Attorney Storck provided a presentation which included information on the following:  Planning Commission Bylaws  Open and Public Meetings  Good Public Policy  Definition of a Meeting  Social Media  Teleconference  Brown Act Exceptions  Serial Meetings  Notice and Agenda Requirements  Discussion of Non-Agenda Items  Public Participation  Enforcement of Brown Act  Resolving a Brown Act Violation ***END OF WORK STUDY CALENDAR*** A-5 6 PLANNING COMMISSION MINUTES June 25, 2018 COMMENTS 4. STAFF COMMENTS: Executive Director Thai  Metro East Mixed Use Overlay Zone will be brought forward at an upcoming meeting. Planning Manager Neal  There will not be a meeting on July 9  Election of Officers will be scheduled for July 23. 5. PLANNING COMMISSION MEMBER COMMENTS: Commissioner Mendoza  Happy 4th of July Vice Chair Contreras-Leo  Will not be attending the meeting on July 23. Commissioner Verino  Have safe 4th of July. Chair McLoughlin  Have safe 4th of July.  Would like to be notified of Sunshine Ordinance meetings. o Staff indicated that Sunshine Ordinance meetings are noticed by applicants; can look into adding commissioners to notification list. ADJOURNED – 7:10 P.M. - The next meeting of the Planning Commission is scheduled for Monday, July 23, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 1 PLANNING COMMISSION MINUTES July 23, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA July 23, 2018 *Entire discussion of Consent Calendar and initial discussion of Item No. 1 not recorded due to equipment malfunction; PowerPoint Presentation for Item No. 1 has been included in Minutes. CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:46 P.M. ATTENDANCE COMMISSIONERS Present: MARK MCLOUGHLIN, Chair KENNETH NGUYEN BEATRIZ MENDOZA ROMAN REYNA COMMISSIONERS Absent: ERIC ALDERETE CYNTHIA CONTRERAS-LEO, Vice Chair LYNETTE VERINO STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner ALI PEZESHKPOUR, 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 proposed at 2525 N. Main Street. Indicated that Assistant City Attorney Storck advised the Historic Resources Commission not take an official position on the project but to instead voice their concerns as private citizens . Hopes the Planning Commission will voice their concerns. Commented that 35 homes in Park Santiago are on the Historic Registry but approximately 1,090 could qualify based on age. B-1 2 PLANNING COMMISSION MINUTES July 23, 2018  Susan (unable to obtain last name) spoke in opposition to the project proposed at 2525 N. Main; project threatens the quality of life for the neighborhood; asked commissioners to have the neighborhood’s best interest at heart. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. A. MINUTES FROM THE REGULAR MEETING OF JUNE 25, 2018 MOTION: Continue to the August 13, 2018 meeting. MOTION: McLoughlin SECOND: Mendoza VOTE: AYES: McLoughlin, Mendoza, Nguyen (3) NOES: None (0) ABSTAIN: Reyna (1) ABSENT: Alderete, Contreras-Leo, Verino (3) B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: Alderete, Contreras-Leo and Verino. MOTION: Reyna SECOND: Nguyen VOTE: AYES: McLoughlin, Mendoza, Nguyen, Roman (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Contreras-Leo, Verino (3) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (STATE CLEARING HOUSE NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 B-2 3 PLANNING COMMISSION MINUTES July 23, 2018 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE, AND SITE PLAN REVIEW NO. 2018-02 FOR THE ELAN MIXED-USE PROJECT Legal notice published in the Orange County Reporter on July 12, 2018 and notices mailed on July 12, 2018. Chair McLoughlin and Commissioners Nguyen and Reyna disclosed that they discussed the project with the applicant. Case Planner Pezeshkpour provided a project overview which included the following: B-3 4 PLANNING COMMISSION MINUTES July 23, 2018 B-4 5 PLANNING COMMISSION MINUTES July 23, 2018 B-5 6 PLANNING COMMISSION MINUTES July 23, 2018 B-6 7 PLANNING COMMISSION MINUTES July 23, 2018 Commission discussion ensued regarding building design, landscaping, community outreach, reduced street parking, and maximum number of allowable units in the Metro East Mixed Use Overlay Zone. The applicant spoke in support of the matter. Written communication in support of the project was received from Gil Silva Chair. McLoughlin opened the Public Hearing. The following spoke on the matter:  Trisha Vasquez expressed concerned with reduced street parking on Elk Lane; it will be an issue for the neighboring Tustin residents.  Lisandro Orozco expressed support for the project; project will reduce street parking but believes the positive impacts outweigh the negative impacts. There were no other speakers and the hearing was closed. B-7 8 PLANNING COMMISSION MINUTES July 23, 2018 MOTION: Metro East Mixed Use Overlay Zone Expansion and Amendments Project: Recommend that the City Council: 1. Certify the Subsequent Environmental Impact Report (SCH No. 2006031041) for the Metro East Mixed Use Overlay Zone and Elan projects, make findings pursuant to the California Environmental Quality Act, adopt the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding Considerations; 2. Approve General Plan Amendment No. 2018-03; 3. Approve Amendment Application No. 2018-06; and 4. Approve Zoning Ordinance Amendment No. 2018-03. Elan Mixed-Use Project: Direct staff to prepare, and bring back for consideration at the meeting scheduled for August 27, 2018, a Resolution of the Planning Commission adopting Site Plan Review No. 2018-02 for the Elan mixed-use development project at 1660 East First Street, contingent upon the City Council taking final action on the Subsequent Environmental Impact Report, General Plan Amendment, Amendment Application, and Zoning Ordinance Amendment referenced above. MOTION: Nguyen SECOND: Reyna VOTE: AYES: McLoughlin, Mendoza, Nguyen, Roman (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Contreras-Leo, Verino (3) ADMINISTRATIVE MATTERS 2. ELECTION OF OFFICERS FOR THE 2018-2019 TERM MOTION: Continue to the August 13, 2018 meeting. MOTION: Reyna SECOND: Nguyen VOTE: AYES: McLoughlin, Mendoza, Nguyen, Roman (4) NOES: None (0) ABSTAIN: None (0) B-8 9 PLANNING COMMISSION MINUTES July 23, 2018 ABSENT: Alderete, Contreras-Leo, Verino (3) * * * END OF BUSINESS CALENDAR * * * COMMENTS 3. STAFF COMMENTS: Executive Director Thai  Welcomed Commissioner Reyna Planning Manager Neal  A economic analysis section will be added to the staff reports  Helpful links have been added to the Planning Commission webpage  Use caution when responding to e-mails; do not “Reply All” as it could result in a Brown Act violation 4. PLANNING COMMISSION MEMBER COMMENTS: Commissioner Reyna  Looks forward to working with everyone Commissioner Mendoza  Requested that community outreach information be added to the staff reports Chair McLoughlin  Developers should provide staff with data on community turnout at Sunshine Ordinance meetings. o Executive Director Thai indicated that staff is working to improve the process.  500’ public notification radius should be extended.  Welcomed Commissioner Reyna. Chair Nguyen  Welcomed Commissioner Reyna  No longer would like to be a member of the Historic Resources Commission due to scheduling conflicts. ADJOURNED – 6:39 P.M. - The next meeting of the Planning Commission is scheduled for Monday, August 13, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary B-9 This page left blank intentionally. 1-1 1-2 1-3 1-4 Resolution No. 2018-xx Page 1 of 6 LS 8.13.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-14 AS CONDITIONED TO ALLOW THE CONTINUED USE OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1403 NORTH TUSTIN AVENUE 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. Crown Castle (“Applicant”) is requesting approval of Conditional Use Permit (“CUP”) No. 2018-14 to renew the entitlements of an existing 60- foot tall major wireless communications facility disguised as a mono-pine located at 1403 North Tustin Avenue. B. On July 9, 2001, the Santa Ana Planning Commission approved Conditional Use Permit No. 2001-13 to construct a new 60-foot tall major wireless communication facility at the subject site. C. On January 22, 2007, the Santa Ana Planning Commission approved a modification to Conditional Use Permit No. 2001-13 to renew the operation of an existing 60-foot tall major wireless communication facility at subject location and to co-locate an additional wireless service provider. At the time, the Santa Ana Municipal Code (“SAMC”) required major wireless communication facility CUPs to be renewed every five (5) years. D. Pursuant to SAMC Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. E. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. F. As the current facility has approached its 10-year span, the Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. G. On August 13, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-14. EXHIBIT 1 1-5 Resolution No. 2018-xx Page 2 of 6 H. 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 Section 41-638, have been established for Conditional Use Permit No. 2018-14 to allow the continued use of an existing 60-foot tall major wireless communication facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to T- Mobile and Sprint services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide this service to the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility, in conjunction with the onsite improvements, will remain compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location at the rear of the site will maintain and increase the economic stability for this commercial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by its design and surrounding 1-6 Resolution No. 2018-xx Page 3 of 6 landscape and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The mono-pine location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) 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 renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2018-60 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. 2018-14, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 1-7 Resolution No. 2018-xx Page 4 of 6 ADOPTED this 13th day of August, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2018. Date: ________________ ____________________________________ Recording Secretary 1-8 Resolution No. 2018-xx Page 5 of 6 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2017-44). 2. The Applicant must comply with all the conditions of approval; including those concerning maintenance and landscaping, set forth in Resolution No. 2007-13, as approved by the Planning Commission on January 22, 2007. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. at the time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The Applicant shall replace all existing branches with new similar stealth pine needle branches on to the existing tower within 180 days of the effective date of this conditional use permit. 5. The existing facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 6. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 7. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 1-9 Resolution No. 2018-xx Page 6 of 6 8. The permit Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 9. The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 10. Conditional Use Permit No. 2018-14 expires 10 years from the date of Planning Commission approval. 1-10 7/19/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2018-14, Crown Castle Wireless Communication Facility1403 North Tustin Avenue Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-11 CUP No. 2018-14 CROWN CASTLE MAJOR WIRELESS COMMUNICATION FACILITY RE-ENTITLEMENT 1403 NORTH TUSTIN AVENUE SITE PHOTO EXHIBIT NO. 3 1-12 CUP No. 2018-14 CROWN CASTLE MAJOR WIRELESS COMMUNICATION FACILITY RE-ENTITLEMENT 1403 NORTH TUSTIN AVENUE SITE PLAN EXHIBIT NO. 4 1-13 CUP No. 2018-14 CROWN CASTLE MAJOR WIRELESS COMMUNICATION FACILITY RE-ENTITLEMENT 1403 NORTH TUSTIN AVENUE ELEVATIONS EXHIBIT NO. 5 1-14 2-1 2-2 2-3 2-4 Resolution No. 2018-xx Page 1 of 4 LS 8.13.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-15 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT WINGSTOP LOCATED AT 701 SOUTH HARBOR BOULEVARD, UNIT C 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. Far West Restaurant Group LLC (“Applicant”) representing Wingstop restaurant, is requesting approval of Conditional Use Permit No. 2018-15 to allow the sale of alcoholic beverages for on-premises consumption for the property located at 701 South Harbor Boulevard, Unit C. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- premises consumption. C. On August 13, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-15. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2018-15 to allow the sale of alcoholic beverages for on-premises consumption: 1.That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. EXHIBIT 1 2-5 Resolution No. 2018-xx Page 2 of 4 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Wingstop is intended to be a bona-fide restaurant and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow Wingstop to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not 2-6 Resolution No. 2018-xx Page 3 of 4 impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Wingstop is located within a commercial center and its operation is compatible with the surrounding commercial businesses. Finally, the proposed project is consistent with the development standards of the Harbor Mixed Use Corridor Specific Plan. 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 on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. 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. 2-7 Resolution No. 2018-xx Page 4 of 4 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-15 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 701 South Harbor Boulevard, Unit C. 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 August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of August, 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 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 August 13, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-8 7/30/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP No. 2018-15, Wingstop701 South Harbor Boulevard, Unit C Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Labels: Zoning 598 feet 2-9 CUP No. 2018-15 WINGSTOP 701 SOUTH HARBOR BOULEVARD, UNIT C SITE PHOTO EXHIBIT 3 5 /1 5/ 2 0 1 8 2-10 S. HARBOR BLVD. W . M c F A D D E N A V E . P A R K I N G O N L Y / + 0 + / 7 /  ( + 0 '      8 # 0 # % % ' 5 5 + $ . ' A C C E S S I B L E P A R K I N G S I G N I N T E R N A T I O N A L S Y M B O L O F A C C E S S I B I L I T Y V I C I N I T Y M A P N O T E S : S I T E P L A N OVERALL SITE PLAN S P 1 . 0 A R M E T D A V I S N E W L O V E & A S S O C I A T E S , A I A A R C H I T E C T S 1 3 3 0 O L Y M P I C B L V D . S A N T A M O N I C A , C A L I F O R N I A 9 0 4 0 4 P H 3 1 0 4 5 2 - 5 5 3 3 F A X 3 1 0 4 5 0 - 4 7 4 2 E X H I B I T 4 2 - 1 1 CUP No. 2018-15 WINGSTOP 701 SOUTH HARBOR BOULEVARD, UNIT C FLOOR PLAN EXHIBIT 5 Alcohol storage area 2-12 3-1 3-2 3-3 3-4 3-5 3-6 3-7 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 11 LS 08.13.18 RESOLUTION NO. 2017-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 AS CONDITIONED TO ALLOW SUBDIVISION FOR FEE- SIMPLE LOTS AND CONSTRUCTION OF FIVE SINGLE FAMILY STRUCTURES WITH DEVIATIONS FROM FRONT AND REAR YARD SETBACK STANDARDS FOR THE PROPERTY LOCATED AT 1102 NORTH KING STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. An Ha, representing Heritage Home Management, LLC., hereinafter referred as “Applicant,” is requesting approval of Tentative Tract Map No. 2018-03 and Variance No. 2018-08 to allow a subdivision for single-family structures with deviations from the front and rear yard setback standards for the property located at 1102 North King Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve variances for this project to: a) reduce the minimum front yard setback and b) reduce the rear yard setback as set forth by the SAMC. D. Tentative Tract Map No. 2018-03 and Variance No. 2018-08 came before the Planning Commission of the City of Santa Ana on August 13, 2018, for a duly noticed public hearing. E. To reduce the Lot 1 front yard setback to 16’, the Lot 1 rear yard setback to 18’, and the Lot 3 rear yard setback to 19’, The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Variance No. 2018-08, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at EXHIBIT 1 3-8 Resolution No. 2018-xx Page 2 of 11 variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its size and shape that warrants variances. The proposed project will be comprised of five separate lots that meet the majority of the development standards pursuant to Section 41-233 of the SAMC with the exception of Lot 1 and Lot 3 having a portion of the structures encroaching into the required front and rear yard setbacks. For Lot 1, the portion of the structure that impedes into the setback is part of the garage. Through the design review phase, it was identified that the location of the garage would better serve the lot towards the west of Lot 1, which would allow for the driveway apron and garage to be located on the newly developed street instead of a higher transited King Street. With this in mind, all the garages and driveways will be accessed from the new street including the garage for Lot 5 which also fronts on King Street. Lot 3 has a portion of the home encroaching into the rear yard by approximately four inches. Staff recognizes that a five-foot dedication has been requested to facilitate the future expansion of Fairview Street at the rear yard of Lot 3. This in turn creates an additional item of concern along with the unique shape of the lot that would deprive the property owner certain privileges do develop the lot. Additionally, a condition has been added to guarantee that the five-foot area of dedication be landscaped and maintained until the expansion occurs, therefore mitigating any trash dumping or collection of debris. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. The granting of the variances will preserve the property owner’s ability to develop a vacant lot with a use that is allowed in the Single-Family Residence (R-1) zoning district and will provide new housing opportunities to people wishing to move into the City. The lot size would allow for up to seven units; however, the applicant reduced the total number of units to five as a street design was incorporated, which allows for an improved street circulation and access to the parcels. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 3-9 Resolution No. 2018-xx Page 3 of 11 The granting of the variances will not be detrimental to the public or surrounding properties. As demonstrated in the site plan for the project, the site will have sufficient parking, open space, landscaping, and use of alternative materials to assure that the development of the site will provide an enhanced living condition to its residents. Therefore, the reduction in front and rear yard setbacks will not be detrimental to the surrounding community as it will not result in impacts affecting adjacent residential properties to the north, south, and east of the site. Further, the granting of the variance will allow the development of a vacant site and allow full use of the property. Finally, conditions have been placed to ensure that the site is in compliance with all other development standards and maintenance standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather supports its goals. Goal 1 and 2 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs and enhance the City’s economic and fiscal viability. The project complies with the majority of the (R-1) Single-Family Residence zoning district and addresses basic community needs such as additional housing opportunities which enhance the City’s economic and fiscal viability. Goal 3 of the Land Use Element is to preserve and improve the character and integrity of the neighborhoods. By subdividing the one-acre parcel into five single-family residential lots and developing single-family structure, the new development is preserving and improving the character of the neighborhood. In addition, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located on a site surrounded by residential uses and will be compatible with the surrounding single family structures. Furthermore, Goal 6 strives for reducing residential overcrowding in order to promote public health and safety. By constructing five new single family homes, the project site is providing additional housing to the community that would not be available if the site remained vacant. Lastly, conditions of approval will also ensure that the project remains compatible with surrounding land uses and guarantees that on-site maintenance of the property will continue to occur. 3-10 Resolution No. 2018-xx Page 4 of 11 F. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Tentative Tract Map No. 2018-03, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Low Density-Residential (LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Low Density-Residential (LR) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create five (5) individual fee-simple parcels and will be consistent with the various provisions of the General Plan. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project will conform to all of the requirements of the zoning ordinance except for those items that require a variance (front and rear setbacks). All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Single-Family Residential (R1) provisions of the zoning code that pertain to lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all R1 standards of the SAMC. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The current general plan land use density would allow for seven (7) density units per acre, with the proposed project only developing five (5) units. The proposed site consists of approximately 1.03 acres of land and is physically suitable for the proposed development, where access to the site will be from King Street and the newly developed street. 3-11 Resolution No. 2018-xx Page 5 of 11 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2015-65. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project since there are no existing and recorded easements for the property. The conceptual design of all construction for the property will not affect the proposed expansion of Fairview Street as consideration has been taken and the applicant has provided the five-foot dedication on the west of the parcel. The Applicant will be recording an easement necessary to ensure reciprocal rights between properties, including but not limited to access, egress, common areas, and drainage. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 “In-Fill Development Projects”). Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for 3-12 Resolution No. 2018-xx Page 6 of 11 endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City’s General Plan and the R-1 development standards. The project meets several General Plan goals and policies, including Land Use Element’s Goal 1 (to promote a balance of land uses to address basic community needs), Goal 2 (to promote land uses which enhance the City’s economic and fiscal viability), and Goal 3 (to preserve and improve the character and integrity of neighborhoods). Further, the proposed project will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban areas. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City’s Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, and water quality impacts are below thresholds that would warrant further analyses. Finally, the site will be served by all required utilities and public services as it is located within a heavily-urbanized area near the intersection of King and 11th Streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2015-123 will be filled 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 Tentative Tract Map No. 2018-03 and Variance No. 2018- 08 as conditioned in “Exhibit A”, attached hereto and incorporated 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 Planning Commission Action dated August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of August 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: 3-13 Resolution No. 2018-xx Page 7 of 11 ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairman 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 August 13, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-14 Conditions of Approval August 13, 2018 Resolution No. 2018-xx Page 8 of 11 EXHIBIT A Conditions for Approval for Tentative Tract Map No. 2018-03 Tentative Tract Map No. 2018-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-65. 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R’s) for the project to the case planner for review and approval prior to the final map being recorded. 4. The final map must be approved and recorded prior to issuance of building permits. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. 3-15 Conditions of Approval August 13, 2018 Resolution No. 2018-xx Page 9 of 11 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. 3-16 Conditions of Approval August 13, 2018 Resolution No. 2018-xx Page 10 of 11 f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-17 Conditions of Approval August 13, 2018 Resolution No. 2018-xx Page 11 of 11 Conditions for Approval for Variance No. 2018-08 Variance No. 2018-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-65. 2. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plans. The landscape plan shall also include all proposed walls, specifically the material proposed for the wall, which shall be block CMU. The exact specifications for these items are subject to the review and approval of the Planning Division. 3. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 4. The westerly five feet of the property, adjacent to Fairview Street must be included in the landscape plan and be maintained for the length of time until the property is dedicated to the City. 3-18 This page left blank intentionally. 7/25/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 Villas De Rosa Subdivision, TM 2018-03 VAR 2018-081102 North King Street Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-19 TM No. 2018-03 / VAR No. 2018-08 VILLA DE ROSA SUBDIVISION 1102 NORTH KING STREET SITE PHOTO EXHIBIT NO. 3 3-20 TM No. 2018-03 / VAR No. 2018-08 VILLA DE ROSA SUBDIVISION 1102 NORTH KING STREET SITE PLAN EXHIBIT NO. 4 3-21 TM No. 2018-03 / VAR No. 2018-08 VILLA DE ROSA SUBDIVISION 1102 NORTH KING STREET ELEVATIONS EXHIBIT NO. 5 Lot 1 Front Elevation Lot 3 Front Elevation 3-22 SD SD SD SD SD SD SD SD LEGEND GA S GA S GA S GA S GA S GA S GA S GA S GA S SD SD SD SD SD SD SD SD SD SD SD SD SD SD S D S D SD SD SD SD WVWV S D S D S D S D S D S D SD SD SD SD SD SD SD SD GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S SITE PLAN W REFERENCES PUBLIC WORKS AGENCY REVISIONS Underground Service Alert of Southern California SANTA ANA, CA 92703 1102 KING STREET THANH NGUYEN - THE APPLICATION OF SLURRY SEAL AT LOCATIONS INVOLVING THE CUTTING THE ASPHALT PAVEMENT OF KING STREET, SLURRY SEAL TYPE AND LIMITS TO BE DETERMINED DURING REVIEW OF STREET IMPROVEMENT PLANS. - THE RECORDING INFORMATION OF EACH EASEMENT OVER THIS PROPERTY. IT APPEARS LOT 2 PROPOSED STRUCTURES ENCROACH ONTO EXISTING EASEMENTS. - THE APPROXIMATE LOCATION FOR ALL EXISTING AND NEW DRY UTILITIES. - THE INSTALLATION OF STREET LIGHTS ALONG ALL PROJECT FRONTAGES, AND CONNECTION TO SOUTHERN CALIFORNIA EDISON (SCE) POWER GRID. THE STREET LIGHT SHALL BE PER CITY STANDARD #1126H. - THE RECOMMENDED TRAFFIC IMPROVEMENTS. - THE INSTALLATION OF STREET TREES ALONG ALL PROPERTY FRONTAGE. PLEASE CONTACT THE TREE SECTION SUPERVISOR, FRANK TORRES, AT (714) 647-3337 FOR TREE SPECIES AND LOCATION. - A 25'x25' SITE DISTANCE TRIANGLE AT THE NORTHWEST AND SOUTHWEST CORNERS OF KING STREET AND PROPOSAL PUBLIC STREET. - THE LOCATION OF THE BMP OUTSIDE OF ANY PUBLIC STREET. EXHIBIT 6 - TENTATIVE TRACT MAP 3-23 This page left blank intentionally.