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HomeMy WebLinkAbout12-10-18_AGENDA PACKETCITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA December 10, 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 VACANT 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 Cit y 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 December 10, 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 December 10, 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-B. A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 26, 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 discus sion 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 December 10, 2018 PUBLIC HEARING 1. GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT APPLICATION NO. 2018-07 FOR THE ANNEXATION OF A 25-ACRE COUNTY ISLAND AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2} – Vince Fregoso, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt per Section 15319 CEQA guidelines. Legal notice published in the Orange County Register on November 30, 2018. RECOMMENDED ACTION: Recommend that the City Council: 1. Adoption of a resolution approving General Plan Amendment No. 2018-04 to predesignate properties on the General Plan Land Use Map 2. Adoption of an ordinance approving Amendment Application No. 2018-07 to prezone properties to be consistent with the City’s zoning designations. 2. ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO R2 AND TOWNHOUSE STANDARDS, SCHOOLS, CITYWIDE DESIGN GUIDELINES, AND FRENCH PARK (SD-19) AND HENINGER PARK (SD-40) – CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3} – Jerry Guevara, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt per Section 15061(b)(3) CEQA guidelines. Legal notice published in the Orange County Register on November 30, 2018. RECOMMENDED ACTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2018-04 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/ Heninger Park. 3. CONDITIONAL USE PERMIT NO. 2018-22 TO MODIFY THE EXISTING CONDITIONAL USE PERMIT TO ALLOW THE EXISTING RESTAURANT TO EXPAND INTO THE ADJACENT TENANT SPACE FOR THE PROPERTY LOCATED AT 2709 W 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 December 10, 2018 WESTMINSTER AVENUE UNIT #E– JOSEPH RODRIGUEZ, APPLICANT {STRATEGIC PLAN NOS. 3, 2} – Ivan Orozco, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt per Section 15061(b)(3) CEQA guidelines. Legal notice published in the Orange County Reporter on November 30, 2018 and notices mailed on November 29, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-22, as conditioned. 4. TENTATIVE TRACT MAP NO. 2018-04 TO ALLOW THE CONSTRUCTION OF EIGHT TWO-STORY TOWNHOME UNITS AS INDIVIDUAL CONDOMINIUMS LOCATED AT 3417 WEST FIFTH STREET– DAVID DUONG, APPLICANT {STRATEGIC PLAN NOS. 3, 2}– Ivan Orozco, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from further review per Section 151 62 and 15168. Legal notice published in the Orange County Reporter on November 30, 2018 and notices mailed on November 29, 2018. RECOMMENDED ACTION: Recommend that the City Council adopt a resolution approving Tentative Tract Map No. 2018-04, as conditioned. * * * END OF BUSINESS CALENDAR * * * COMMENTS 5. STAFF COMMENTS 6. COMMISSION MEMBER COMMENTS ADJOURNMENT – The meeting scheduled for December 24, 2018 is canceled. The next regular meeting is scheduled for Monday, January 14, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  EIR 2018-01; DA 2018-01: GPA 2018-06; AA 2018-10_2525 N Main Street  Density Bonus Agreement_ 609 N. Spurgeon This page left blank intentionally. 1 PLANNING COMMISSION MINUTES November 26, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA November 26, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:41 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair BEATRIZ MENDOZA KENNETH NGUYEN COMMISSIONERS Absent: LYNETTE VERINO STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner TAIG HIGGINS, Principal Civil Engineer SELENA KELAHER, Associate Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 22, 2018 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Mendoza VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Nguyen, (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Verino (1) A-1 2 PLANNING COMMISSION MINUTES November 26, 2018 B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Verino MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Nguyen, (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Verino (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS RESOLUTIONS 1. PROPOSED STREET VACATIONS OF THIRD AND BREEDEN STREET - KC HEIDLER, APPLICANT. Principal Civil Engineer Higgins provided a presentation which included a description of the project, project background and project analysis. The applicant spoke in support of the matter. MOTION: Determine that the proposed street vacations are in conformance with the General Plan. MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Nguyen, (4) NOES: None (0) ABSTAIN: Mendoza (1) ABSENT: Verino (1) PUBLIC HEARING 2. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-01, DEVELOPMENT AGREEMENT NO. 2018-01, GENERAL PLAN AMENDMENT NO. 2018-06 AND AMENDMENT APPLICATION NO. 2018-10 FOR THE PROPOSED MULTI-FAMILY DEVELOPMENT LOCATED AT 2525 NORTH MAIN STREET – AC2525 Main Street, LLC, APPLICANT A-2 3 PLANNING COMMISSION MINUTES November 26, 2018 Legal noticed published in the Orange County Register on November 16, 2018 and notices mailed on November 15, 2018. Staff requested the matter be continued to a later date. MOTION: Continue the matter until January 14, 2019. MOTION: McLoughlin SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Nguyen, (4) NOES: Mendoza (1) ABSTAIN: None (1) ABSENT: Verino (1) * * * END OF BUSINESS CALENDAR * * * WORK STUDY CALENDAR ITEMS 3. REVIEW AND DISCUSS PROPOSED PROJECT LOCATED AT 2525 NORTH MAIN STREET Case Planners Fregoso and Kelaher provided a presentation which included information on the following:  Review of Entitlements  Project Changes  Proposed Project  Site Plan  Analysis  Final Environmental Impact Report  Aesthetics  Cultural Historic Resources  Traffic  Cumulative Impacts  Project Merits  Summary of Mitigation & Impacts  Draft Key Development Agreement Terms  Next Steps Commission discussion ensued regarding the in-lieu fee for off-site affordable housing, number of other residential developments in the surrounding area, traffic accidents near the project site, removal of the I-5 carpool entrance on Main Street, the Harbor Corridor Plan, and the envisioning map. Commission expressed concern with the time allotted to review A-3 4 PLANNING COMMISSION MINUTES November 26, 2018 such a large document; would also like staff to address any concerns they have prior to taking action on the matter. Executive Director Thai asked the Commission to submit their questions to staff. The applicant provided a video presentation on the proposed project. The following submitted written comments in opposition.  Angela Meyer  Dale Helvig  Andrea Schartz  Dana Roberts  Karyn Igar (2)  Minoo & Ali Ghotbzabeh  Richard Drury  Bobbi Keenan The following submitted written comments in favor.  Lewis & Jeanette Wood  Tim Johnson The following spoke on the matter. NAME FAVOR OPPOSED COMMENT Stephen Swytak X Increased traffic; inadequate parking. Ruby De La Torre X Increased traffic. Dang Le Inquired about benefits to the Community. Cathy Morehead X Incompatible with area. Douglas Medieth X Neighborhood does not support the project. Steve Gorgone X Increased traffic; process moving too quickly. Andrew Ganahl X Reduced traffic; will help with housing shortage and climate change. Jeff Dresser X Increased traffic. Lewis Wood X Will benefit the community. Peggy Steggell X Incompatible with area. Elizabeth Hansburg X Need more housing. Jim Mahar X Too dense. Darcie Cancino X Too dense, traffic, incompatible with area. Esther Lopez X Increased traffic. Boris Greasely X Developer did not complete contractor form. Christine-Denny Helvig X Too dense, inadequate parking. Dale Helvig X Too dense, concerns with site access and economic analysis. Paul Morales X Will benefit the community. Jessie X Need more housing. A-4 5 PLANNING COMMISSION MINUTES November 26, 2018 NAME FAVOR OPPOSED COMMENT Katrina X Need more housing. Maribel Cota X Need more housing. Sabrina Vigil X Reduced traffic; need more housing. Annette Arellano X Will benefit the community. Debra Dalton Garcia X Need more housing. Chris Canales X Need more housing. William Bonnett X Too dense; incompatible with area. Genelle Johnson X Increased traffic. Alicia Berhow X Need more housing. Patricia Coleman X Too dense; concerned with setback. Mike O’Valle X Incompatible with area. Rory Kirk X Increased traffic. Diane Fradkin X Concerned with view scheme, height, traffic analysis, and site access. Submitted letter. Angela Meyer X Too dense, nearby area is historically sensitive . Billy Leigh X Too dense, prefers single-family residences. Kelly Medina X Will deteriorate area, too dense. Pete Bollinger X Will benefit the community. Torres X Need more housing. Arianne X Need more housing. Ailan X Need more housing. Gilbert X Need more housing. Jake X Need more housing. Jensen X Need more housing. Marc Trimble X Supports project. Rich Gomez If project is built, developer should use union contractors and veterans; hire locally. Mark Angell X Need to consider water shortage. Karen Igar X Too dense, increased traffic. Michael Plantamura X Too dense, prefers single-family residence, incompatible with area. Matt X Need more housing. Bailey X Need more housing. Tim Johnson X Need more housing; will benefit the community. Vince Romo X Need more investment in the city. Gary Thomas X Increased traffic. Rob Ricardson X Incompatible with the area; too dense. Deborah Hicks X Too dense, not affordable. Peter Katz X Increased traffic, inadequate parking, too dense, not affordable. Michelle D’Valle X Increased traffic. Giles Candy X Too dense. Talia Medina X Need more housing. * * * END OF WORK STUDY CALENDAR * * * A-5 6 PLANNING COMMISSION MINUTES November 26, 2018 COMMENTS 6. STAFF COMMENTS — None. 7. PLANNING COMMISSION MEMBER COMMENTS: Commissioner Nguyen  Thanked staff for work. Vice Chair Contreras-Leo  Thanked public for their comments  Hopes to have all necessary information to make an informed decision. Commissioner Alderete  Requested copy of staff’s presentation. Chair McLoughlin  Requested copy of staff’s presentation.  Inquired about the Development Agreement for the project proposed at 2525 N. Main Street.  Asked if further comments from the public would be taken on the matter. o Staff indicated that comments will continue to be taken. 8:41 P.M. - The next meeting of the Planning Commission is scheduled for Monday, December 10, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 1-1 1-2 1-3 1-4 1-5 This page left blank intentionally. 1-6 LS 10.8.18 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 FOR THE PROPOSED ANNEXATION OF A COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 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. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-04 to incorporate into the City’s various General Plan elements a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. Over the past several months, the County has been working with the developer of a proposed project at the northeast corner of Seventeenth Street and Tustin Avenue. This development has been unable to move forward due to the inability to connect to the City’s sewer system as it is currently located outside the City boundaries. C. On June 5, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider the annexation of the 24.78-acre County island generally located at the northeast corner of Seventeenth Street and Tustin Avenue. At this hearing, the Council directed staff to initiate the process to annex the County island and continue discussions with the County and the Orange County Local Agency Formation Commission (LAFCO) regarding the annexation. D. On September 14, 2018, the City, County of Orange, and the Orange County Local Agency Formation Commission held a duly noticed community workshop regarding the proposed annexation to obtain community input. E. On December 10, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2018-04. EXHIBIT 1 1-7 F. On January 15, 2019, 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. 2018-04 for the Seventeenth and Tustin annexation project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; “CEQA”), and the State CEQA Guidelines, the City has determined that a Categorical Exemption will be filed for the proposed project. H. General Plan Amendment No. 2018-04 has been filed to amend the General Plan to change the land use designation of certain parcels located in the Seventeenth and Tustin County island boundaries. The proposed land use designations will be consistent with the current land uses and proposed pre- zoning designations of the annexation project area. The amendments will pre-designate properties located in the annexation area as Low-Density Residential (LR-7), Medium-Density Residential (MR-15), or General Commercial (GC) as shown on Exhibit A, attached hereto and incorporated herein by reference. I. The City Council has weighed and balanced the General Plan’s policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-04 is consistent with the purpose of the General Plan. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities such as public and private structures developed to the density allowed by the pre-zoning of the City. The proposed annexation area is developed to the density allowed by the current zoning or pre-zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption 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 therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project. Section 3. Approvals. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-04. The amendments to the Land Use Element are attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth herein. This decision is 1-8 based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated January 15, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-07) become 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 does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This Resolution shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is 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 Resolution shall be null and void and have no further force and effect. ADOPTED this ___ day of ____________, 2019. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-9 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. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2019. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1-10 Exhibit A: General Plan Amendments 1-11 EXHIBIT B LAND USE ELEMENT AMENDMENTS 1-12 LS 10.8.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PRE-ZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 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. The City of Santa Ana (City) is requesting approval of Amendment Application No. 2018-07 to amend the zoning designation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange and within the sphere of influence of the City of Santa Ana. B. General Plan Amendment No. 2018-04 was filed concurrently with the Amendment Application for consistency with the General Plan to incorporate into the City’s various General Plan elements. C. On December 10, 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. 2018-07 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-04. D. The City Council has reviewed applicable general plan policies and has determined that this proposed pre-zoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on January 15, 2019. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated January 15, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018- 07 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing of the zoning districts has been found to be consistent with the General Plan EXHIBIT 2 1-13 of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance pre-zoning the real properties generally located at the northeast corner of Seventeenth Street and Tustin Avenue and Amended Sectional District Map number 4-5-9 showing the above described change in use district designation (AA No. 2018-07). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission and Council Action dated December 10, 2018 and January 15, 2019, respectively and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities such as public and private structures developed to the density allowed by the pre-zoning of the City. The proposed annexation area is developed to the density allowed by the current zoning or pre-zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption 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 therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project Section 4. The zoning designation of the real properties generally located within the 24.78-acre County island at the northeast corner of Seventeenth Street and Tustin Avenue shall be reclassified from the County’s Local Business (C-1) and Single- Family Dwellings (R-1) designations to Community Commercial (C1), Single- Family Residence (R-1) and Two-Family Residence (R-2). An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 5. This ordinance shall not be effective unless and until Resolution No. 2018-____ (Environmental Review No. 2018-89 and General Plan Amendment No. 2018-04) is adopted and becomes effective. If either resolution and/or 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. 1-14 Section 6. This ordinance shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is 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. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ADOPTED this ____ day of _____________, 2019. _______________________ 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 ___________________________________ 1-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________, 2019 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 1-16 1-17 This page left blank intentionally. 1-18 1-19 1-20 1-21 1-22 1-23 1-24 1-25 1-26 1-27 1-28 1-29 1-30 EXHIBIT 51-31 1-32 2-1 2-2 2-3 2-4 ORDINANCE NO. NS-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-150.5, 41- 199.4, 41-365, 41-365.5, 41-412.5, 41-424, 41-424.5, 41- 521, 41-522, 41-584, and 41-584.5 (Schools), 41-160 AND DIVISION 6 OF ARTICLE III (TOWNHOUSE DEVELOPMENT STANDARDS), 41-246, 41-247.5, 41-249, 41-250 AND 41-251 (TWO-FAMILY RESIDENCE/R2), AND 41-668 (DEVELOPMENT PROJECT PLAN) OF THE SANTA ANA MUNICIPAL CODE, AND GENERAL PROVISIONS OF SPECIFIC DEVELOPMENT NO. 19 (SD- 19)/FRENCH PARK AND SPECIFIC DEVELOPMENT NO. 40 (SD-40)/HENINGER PARK 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. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high-quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC and to Specific Development 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/Heninger Park. B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on home owners, business operators and developers. C. On December 10, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-04. D. The City Council, on January 15, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 2-5 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-150.5. – Reserved Schools. A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies, but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. Section 41-160 (Townhouse) of Chapter 41 the SAMC is hereby amended to read as follow: Sec. 41-160. – Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance. A townhouse is a single-family dwelling unit that: (a) is constructed in a group of three (3) or more attached dwelling units; (b) extends from foundation to roof with a yard or public way on two or more sides; and (c) has its own exterior entrance. Section 5. Section 41-199.4 (Schools) of Chapter 41 of the SAMC is hereby added to read as follow: Sec. 41-199.4. – Schools Notwithstanding any other provisions of this Chapter, schools, as defined by Sec. 41- 150.5, may be conducted in the R1, R2, R3, R4, RE, O, C1, C2, C4, C5 and CSM zoning districts, provided they are developed in accordance with the limitations hereinafter set forth, and provided a conditional use permit if first obtained in accordance with Sections 41-630 through 41-651 of this Chapter. Schools shall not be 2-6 permitted in a specific development, specific plan, or other districts unless explicitly set forth as a permissible use. A conditional use permit shall be issued in accordance with Section 41-630 through 41- 651 only if the following requirements are met: (a) The orientation of buildings and the positioning of other elements on site, such as entries, fences, parking lots, and driveways are designed to minimize traffic and noise impacts on adjacent properties. (b) Outdoor activity areas are not located within the required front or side yard area and are designed to minimize noise impacts on adjacent uses. (c) Safe pedestrian paths are provided from all parking areas to the primary entrance(s) of all buildings used primary by students and faculty/staff. (d) Student pick up/drop off areas do not interfere with on-site and off-site vehicular and pedestrian circulation. (e) The applicant has provided the following studies to the Planning Division and any other documents as requested by the Planning Manager that have been deemed appropriate: (1) Traffic Impact Analysis and Traffic Management Plan, (2) School Management and Operation Plan, and (3) Noise Study. Section 6. Section 41-246 (Applicability of regulations) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-246. – Applicability of regulations. R-2 (Two-Family Residence) districts are specifically subject to the regulations contained in this Division, except that one-family dwelling unit on a single lot is are subject to the design and development standards set forth in Division 3 of this Article, townhouses are subject to the design and development standards set forth in Division 6 of this Article, and nonresidential uses allowed under section 41-247.5 are subject to the design and development standards set forth in Division 12 of this Article. 2-7 Section 7. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-247.5. – Uses subject to a conditional use permit in the R2 district. (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Care homes, as defined by Section 41-41.5 of this Chapter, which previously were permitted pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Chapter. (c) Townhouse of thirty-five (35) feet or three (3) stories in height, whichever is less, as measured from the lowest adjacent grade of the structure to the top of the structure. Section 8. Section 41-249 (Front yards in the R2 district), Section 41-250 (Side yards in the R2 district) and Section 41-251 (Rear yards in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-249. – Front yards in the R2 district. There shall be a front yard of not less than twenty (20) feet from the street. If there are two (2) single-family detached units on a site, the front yard of the rear unit adjacent to the rear yard of the front unit shall be not less than ten (10). Sec. 41-250. – Side yards in the R2 district. There shall be a Each side yard shall be of not less than five (5) feet for each building from the street. On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building from the street. The restrictions on nonconforming buildings set forth in Article VI of this Chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have interior side yards meeting the standard set by this Section, provided the interior side yards of such building are at least three (3) feet wide. Sec. 41-251. – Rear yards in the R2 district. There shall be a rear yard of not less than fifteen (15) feet for each dwelling unit from. Such rear yard may be reduced to not less than ten (10) feet in width, provided that the development site it has at least one thousand two hundred (1,200) square feet of open space area, exclusive of front and side yard areas. 2-8 Section 9. Division 6 (Townhouse Standards) of Article III of Chapter 41 of the SAMC is hereby amended to read as follow: DIVISION 6. – TOWNHOUSE DEVELOPMENT STANDARDS Sec. 41-273. – Applicability of division. Townhouse developments are specifically subject to the regulations contained in this division. Sec. 41-274. – Minimum development site size. The minimum development site size shall be twelve thousand (12,000) square feet of contiguous land, with a minimum street frontage of one hundred (100) feet. Sec. 41-275. – Minimum lot area per unit. The minimum lot area shall be three thousand (3,000) square feet per unit. Sec. 41-277. – Building height. (a) No primary structure shall exceed twenty-seven (27) feet or two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure, unless a conditional use permit is approved by the Planning Commission to allow thirty-five (35) feet or three (3) stories in height. (b) Accessory structures shall not exceed fifteen (15) feet or one (1) story in height. Sec. 41-278. – Lot coverage. No more than fifty (50) per cent of the lot shall be covered by structures. Sec. 41-279. – Front yard. Each townhouse Front yard shall have a front yard of not be less than twenty (20) feet. Sec. 41-280. – Side yard. Each sSide yard of a townhouse shall be not be less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet. Sec. 41-281. – Rear yard. Each townhouse Rear yard shall have a rear yard of not be less than fifteen (15) feet. 2-9 Sec. 41-282. – Off-street parking. (a) Off-street parking shall be provided comply per Table 41-282. as follows: Table 41-282 Townhouse Development Parking Standards # of Bedrooms # of Required Off-Street Parking 2 bedrooms 2.0 garage spaces per unit 3 or more bedrooms 2.0 garage spaces per unit and 1.0 (covered or uncovered) space per unit, plus 0.5 spaces per each bedroom over 3 bedrooms. # of Guest Parking 1. 0.5 spaces per unit 1. Required garage spaces may be tandem spaces 2. If the parking ratio is not a whole number, the number of required parking shall be the next higher whole number. (b) Site Access and Circulation. (1) Site access shall be primarily from side streets or alleys. If access from side streets or alleys is not possible due to lot location and/or configuration; vehicular access shall be constructed so as to minimize the disruption of the pedestrian right-of-way on the primary streets. (2) Garages shall be accessed from internal private driveways or alleys. (3) A garage shall have access directly into the dwelling unit or into the private yard area of the dwelling unit. (1) Each unit shall have two (2) spaces in a garage. (2) Garages shall not face the street. (3) A garage shall have access directly into the townhouse or into the private yard area of the townhouse. (4) Two (2) guest spaces shall be provided for each townhouse. Sec. 41-283. – Open space. For a townhouse development, both pPrivate and common open space shall be provided within the project. Minimum open space requirements for townhouse developments are as follows: (1) Private open space: 2-10 (a) Shall be a single pPrivate open space shall be no less than two hundred fifty (250) square feet per unit, with a minimum dimension of ten (10) six (6) feet in each direction. (b) Shall be at the ground level. (cb) Private open space Sshall be accessible from the unit's kitchen, dining area, den, family room, master bedroom and/or living room. (2) Common open space: (a) Shall be a single cCommon open space shall be equivalent to no less than two hundred fifty (250) square feet per unit, with a minimum of fifteen (15) feet in each direction. (b) Is in addition to yard areas. Front, side and rear yards may shall not be counted to satisfy this requirement. Sec. 41-284. – Fences. (a) A fence plan for any townhouse development project shall be submitted for review and approval to the Planning Manager or his/her designee. The fence plan shall include, but is not limited to, the following: (1) The plan shall delineate and dimension the location, size and materials of all fences. (2) The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project. (3) The plan shall include installation specifications ensuring long term quality of the proposed fencing. (b) Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street- oriented side yard. Sec. 41-285. – Building separation. The building separation between primary structures shall be not less than twenty (20) fifteen (15) feet. 2-11 Sec. 41-286. – Access. (a) Each townhouse shall have a minimum of forty (40) per cent of the living area and be accessible from ground level. (b) A front door must face the street or a common area. (c) No exterior stairwells shall be permitted on units abutting street-oriented yards. Sec. 41-287. – Storage space. For each townhouse unit, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such townhouse unit. Such storage space may be located inside the garage of the townhouse unit or elsewhere within the development. but may not be directly accessible from the townhouse. Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet. Sec. 41-288. – Landscaping. All yards shall be landscaped with the exception of approved driveways and walkways by the Planning Manager or his/her designee. Each townhouse development shall meet the following minimum landscaping standards: (a) Front yard: (1) One (1) 24-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. 2-12 (b) Side yard: Corner lots shall have one (1) 15-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street-oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at 20-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance: All plant material shall be maintained per section 41-609 of this Code. 2-13 (g) [Compliance with article XVI:] Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter (Water Efficient Landscape Standards), pertaining to water conservation. Sec. 41-289. - Reserved. Section 10. Section 41-365 (Uses permitted in the C1 district) and Section 41- 365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-365. – Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (l) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. (o) Schools and sStudios operated for commercial or public purposes. 2-14 (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. (t) Tattoo and/or body art establishments, subject to the development and operational standards set forth in section 41-199.3. Sec. 41-365.5. – Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by Section 41-42.7. 2-15 (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (l) Adult day care facilities. (m) Superstores. (n) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (o) Schools, as defined by Sec. 41-150.5. Section 11. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-412.5. – Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. 2-16 (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. (l) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (m) Schools, as defined by Section 41-150.5. Section 12. Section 41-424 (Uses permitted in the C5 district) and Section 41- 424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-424. – Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in section 41-424.5. (g) Schools and sStudios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. 2-17 (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Cyber cafes subject to compliance with the requirements of section 41- 198.200. (l) Gymnasiums and health clubs. Sec. 41-424.5. – Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. 2-18 (l) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. (q) Schools, as defined by Section 41-150.5. Section 13. Section 41-521 (Uses permitted in the C-SM district) and Section 41-522 (Uses subject to a conditional use permit in the C-SM district) of Chapter 41 of the SAMC is hereby amended as follow: Sec. 41-521. – Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, administrative, and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and sStudios operated for commercial or public purposes. (i) Child care facilities. 2-19 (j) Art galleries, museums and exhibit halls. (k) Plant nurseries. (l) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. (e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Automobile repair and automobile servicing. 2-20 (k) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (l) Churches and accessory church buildings. (m) Schools, as defined by Section 41-150.5. Section 14. Section 41-584 (Uses permitted in the O district) and Section 41- 584.5 (Uses subject to a conditional use permit in the O district) of Chapter 41 of SAMC is hereby amended to read as follow: Sec. 41-584. – Uses permitted in the O district. The following uses are permitted in the O district: (a) Open-air recreational and entertainment uses, including bike or bridle trails, and buildings and uses accessory thereto. (b) Government buildings, school buildings and facilities, public utility facilities, quasi-public and service facilities, flood-control structures, and uses accessory thereto. Sec. 41-584.5. – Uses subject to a conditional use permit in the O district. The following uses may be permitted in the O district subject to the issuance of a conditional use permit: (a) Community gardens operated by a non-profit organizations. (b) Production greenhouses and nurseries with no retail sales. (c) Interpretive centers. (d) Schools, as defined by Section 41-150.5. Section 15. Section 41-668 (Definitions) of Chapter 41 of SAMC is hereby amended to read as follow: Sec. 41-668. – Definitions. (a) Development Project. As used in this division, the term "development project" includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two 2-21 thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (3) New service stations (34) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. Section 16. Section 8 (General Provisions) of Specific Development No. 19 (SD-19) of Chapter 41 of the SAMC is hereby amended to read as follow: Section 8 General Provisions All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Historic French Park District (SD-19) must shall proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. Final approval shall be granted by the Planning Commission. 1. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the French Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled “Historic French: Its Architectural Legacy and Design Guidelines” (French Park Guidelines). All projects must adopt one of the historical architectural 2-22 styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. 2. NEIGHBORHOOD REVIEW. The French Park Architectural Review Committee is a volunteer group comprised of French Park neighborhood residents and/or property owners shall who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD-19. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the French Park Architectural Review Committee for comments. make findings that the proposed new construction, restoration, rehabilitation, alteration, conversion and/or addition to an existing structure. Staff and the Committee will review the Neighborhood Review Application for is in compliance with the French Park Guidelines and is in compliance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The findings shall be made a part of the City’s formal review process. If there is not an active Committee, by request of the French Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. 3. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. 4. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resource Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resource Commission on January 5, 2006 shall be granted administratively by staff. The French Park Architectural Review Committee comments are to be made a part of the City’s shall be included into staff’s evaluation and recommendation to the Historic Resource Commission. The decision of the Historic Resource Planning Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. 2-23 Section 17. Section General Provisions (General Provisions) of Specific Development No. 40 (SD-40) of Chapter 41 of the SAMC is hereby amended to read as follow: GENERAL PROVISIONS A. Exterior rehabilitation and conversion of residences shall be subject to design review by the Planning Department prior to issuance of building permits. Rehabilitation of designated historic structures shall conform to the Secretary of Interior’s Standards of Rehabilitation and Guidelines for Rehabilitation Historic Buildings (used by the Secretary of Interior when determining if a rehabilitation project qualifies as “Certified rehabilitation” pursuant to U.S tax legislation). All exterior work shall also conform with Council approved Development Standards and Guidelines as they are adopted. B. All new construction shall be subject to Planning Commission site plan review process as required in Santa Ana Municipal Code, Chapter 41, Article III, Division 26, except as provided for in this subsection. 1. For properties listed on the City of Santa Ana Register of Historical Properties, with no discretionary actions before the Planning Commission, the Historic Resources Commission shall solely conduct the site plan review and the exterior physical modification approval as defined in Santa Ana Municipal Code, Chapter 30. 2. For projects with discretionary actions before the Planning Commission, the Planning Commission shall conduct site plan review, and the Historic Resource Commission shall conduct the exterior physical modification approval process. C. All exterior rehabilitation and new construction shall maintain architectural standards compatible with the architectural character of the Heninger Park Specific Development zone. Design criteria includes the use of historically appropriate exterior materials, gable treatment and architectural massing consistent with existing historic architectural styles found in the area. All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Heninger Park District (SD-40) must proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. 2-24 A. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the Heninger Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled “Heninger Park Architectural Design Guidelines” (Heninger Park Guidelines). All projects must adopt one of the historical architectural styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. B. NEIGHBORHOOD REVIEW. The Heninger Park Architectural Review Committee is a volunteer group comprised of Heninger Park neighborhood residents and/or property owners who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD-40. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the Heninger Park Architectural Review Committee for comments. Staff and the Committee will review the Neighborhood Review Application for compliance with the Heninger Park Guidelines and compliance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If there is not an active Committee, by request of the Heninger Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. C. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. D. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resource Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resource Commission on January 5, 2006 shall be granted administratively by staff. The Heninger Park Architectural Review Committee comments shall be included into staff’s evaluation and recommendation to the Historic Resource Commission. The decision of the Historic Resource Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. 2-25 Section 18. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this ______ day of ______________, 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 __________________________________ 2-26 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 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 2-27 This page left blank intentionally. 2-28 COMPARISON TABLE OF SCHOOL REVIEW PROCESS Cities Review Process Irvine Public: Permitted by right (No Conditional Use Permit required). School sites are chosen in advance and in accordance with school district master plan. Private: A Conditional Use Permit is required Charter: Not specified Garden Grove A Conditional Use Permit is required for both public and private schools Costa Mesa A Conditional Use Permit is required for both public and private schools Tustin A Conditional Use Permit is required for both public and private schools Fountain Valley A Conditional Use Permit is required for both public and private schools 2-29 COMPARISON TABLE OF OFF-STREET PARKING RATIOS Cities Off-Street Parking Required Guest Parking Costa Mesa Studio = 1.5 / unit 1 bedroom = 2 / unit 2 bedrooms = 2.5 / unit 3 or more bedrooms = 3.5 / unit 0.5 / unit Irvine Studio = 1 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit 0.7 / unit Anaheim Studio = 1.25 / unit 1 bedroom = 2 / unit 2 bedrooms = 2.25 / unit 3 or more bedrooms = 3 / unit + 0.5 space per each bedroom over 3 bedrooms 0.25 / unit Orange Studio = 1.2 / unit 1 to 2 bedrooms = 1.7 / unit 3 bedrooms = 2.4 / unit 0.2 / unit Los Angeles Studio – 2 bedrooms = 1 / unit 3 bedrooms = 1.5 / unit 3 or more bedrooms = 2 / unit 5 / each 30 units Long Beach Studio = 1 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit 0.25 / unit Pasadena 1 space per unit if less than 650 SF 2 spaces per unit if more than 650 SF 1 / each 10 units 2-30 3-1 3-2 3-3 3-4 3-5 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 6 LS 12.10.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-22, AS CONDITIONED, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT RESTAURANT ACAPULCO NO. 2 LOCATED AT 2709 WEST WESTMINSTER AVENUE, UNITS D AND E 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. Joseph Rodriguez (“Applicant”) representing Restaurant Acapulco No. 2, is requesting approval of Conditional Use Permit No. 2018-22 to allow the sale of alcoholic beverages for on-premises consumption at an existing restaurant located at 2709 West Westminster Avenue, Unit E, which will be expanding into the adjacent tenant space located at 2709 West Westminster Avenue, Unit D. 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 November 13, 2012, the Planning Commission confirmed the Zoning Administrator’s action, approving Conditional Use Permit No. 2012-21 as conditioned, which approved an upgrade from a Type 41 to a Type 47 Alcohol Beverage Control License, allowing the on-premises consumption of alcoholic beverages for Taqueria Acapulco (previous business name) restaurant located at 2709 West Westminster Avenue, Unit E. D. On December 10, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-22. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2018-22 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. 3-6 EXHIBIT 1 Resolution No. 2018-xx Page 2 of 6 Restaurant Acapulco No. 2 currently provides alcoholic beverages for on-premises consumption at this location. The proposed physical expansion of the restaurant will provide additional seating space for the restaurant’s customers. This will also facilitate the operations of the restaurant making the customer experience even more pleasing, continuing the sale of beer, wine, and spirits with meals. 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 as it has not for the last two decades. 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 physical expansion of the restaurant and 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. Restaurant Acapulco No. 2 is an existing bona-fide restaurant and the expansion will not change the use of alcohol sales, as such sales remain an ancillary use to the restaurant. Finally, all of the operational standards identified in SAMC Sec. 41-196 will continue to apply to this establishment. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. Restaurant Acapulco No. 2 has been in operation for more than 20 years at this location, including the sale of alcohol. The proposed expansion will not adversely affect the economic stability of the area, but will instead allow the restaurant to continue offering the same dining opportunities, only in a larger restaurant space. Moreover, the expansion and sale of alcoholic beverages will allow Restaurant Acapulco No. 2 to remain economically viable and competitive 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. 3-7 Resolution No. 2018-xx Page 3 of 6 The proposed conditional use permit modification 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 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. Finally, Restaurant Acapulco No. 2 is located within a commercial multi-tenant development and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to continue to allow the on-premises sale of alcoholic beverages at an existing full-service restaurant with minor interior tenant improvements. There is no reasonable possibility that the project will have a significant 3-8 Resolution No. 2018-xx Page 4 of 6 effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-22, as conditioned as set forth in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 2709 West Westminster Avenue, Units D and E. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 10, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 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 3-9 Resolution No. 2018-xx Page 5 of 6 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 December 10, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 3-10 Resolution No. 2018-xx Page 6 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-22 Conditional Use Permit No. 2018-22 for on-premises alcohol sales is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply 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. Prior to the release of the Alcohol Beverage Control License, the Applicant shall receive approval of all building permits pertaining to the expansion of the restaurant into 2709 Westminster Avenue, Suite D. 2. In order to comply with Sec. 41-196.5 of the SAMC and Chapter 11 of the same, the tenant shall at all times have a current and approved Entertainment Permit on file with the City of Santa Ana. 3-11 11/26/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2018-22, Acapulco No. 2 CUP MOD2709 West Westminster Avenue, Suite E Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-12 CUP No. 2018-22 ACAPULCO NO. 2 CUP MOD 2709 WEST WESTMINSTER AVENUE, SUITE E SITE PHOTO EXHIBIT NO. 3 3-13 CUP No. 2018-22 ACAPULCO NO. 2 CUP MOD 2709 WEST WESTMINSTER AVENUE, SUITE E SITE PLAN EXHIBIT NO. 4 3-14 CUP No. 2018-22 ACAPULCO NO. 2 CUP MOD 2709 WEST WESTMINSTER AVENUE, SUITE E FLOOR PLAN EXHIBIT NO. 5 3-15 4-1 4-2 4-3 4-4 4-5 4-6 Resolution No. 2018-xx Page 1 of 8 LS 12.10.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-04 AS CONDITIONED TO ALLOW AN EIGHT-UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 3417 WEST FIFTH 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. David Duong, representing Little Saigon, LLC (“Applicant”), is requesting approval of a tentative tract map to permit the subdivision of a proposed eight-unit two-story attached tuck-under townhome development for condominium purposes, for the vacant property located at 3417 West Fifth 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. Tentative Tract Map No. 2018-04 came before the Planning Commission of the City of Santa Ana on December 10, 2018, for a duly noticed public hearing. D. 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. 2018-04, 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 Urban Neighborhood (UN) 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 Urban Neighborhood (UN) 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 eight (8) condominium air-right units and will be consistent with the various provisions of the General Plan. EXHIBIT 1 4-7 Resolution No. 2018-xx Page 2 of 8 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. All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Neighborhood Transitional Sub-Zone of the Harbor Mixed-Used Transit Corridor Specific Plan (SP2) 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 Neighborhood Transitional standards of the SP2. 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 a range from 12 to 18 units per acre, depending on the building type. The proposed density of the project is eight (8) units, which is well-below the minimum of 12.The proposed site consists of approximately 0.45 acres of land and is physically suitable for the proposed development, where access to the site will be from Jackson Street and Fifth Street. 4.The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or 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. Additionally, the development of the property as proposed, has been determined to be adequately evaluated in the previously certified EIR No. 2014-01 as per Sections 15162 and 15168 of the CEQA guidelines. 5.The design or improvements of the proposed project will not cause serious public health problems. 4-8 Resolution No. 2018-xx Page 3 of 8 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. 2015-41. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of, 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 any future proposed expansion or development of Fifth Street. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15162 and 15168 (EIR No. 2014-01) of the State CEQA Guidelines. The proposed development project has been determined to be adequately evaluated and is within the scope of the previously certified EIR. The project is consistent with the City’s General Plan and Harbor Mixed-Used Transit Corridor Specific Plan 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 at the northeast intersection of Fifth and Jackson Streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-10 will be filed for this project. 4-9 Resolution No. 2018-xx Page 4 of 8 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. 2018-04 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 December 10, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of December 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 4-10 Resolution No. 2018-xx Page 5 of 8 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 December 10, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4-11 Conditions of Approval December 10, 2018 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A I. Conditions for Approval for Tentative Tract Map No. 2018-04 Tentative Tract Map No. 2018-04 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, Applicant 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. 2015-41. 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. 4-12 Conditions of Approval December 10, 2018 Resolution No. 2018-xx Page 7 of 8 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 Project’s 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. 4-13 Conditions of Approval December 10, 2018 Resolution No. 2018-xx Page 8 of 8 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 final map being recorded. 4-14 11/27/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 TM 2018-04, Fifth Street Villas3417 West Fifth Street Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4-15 TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET SITE PHOTO EXHIBIT NO. 3 4-16 TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET SITE PLAN EXHIBIT NO. 4 4-17 TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET ELEVATIONS EXHIBIT NO. 5 4-18 TM No. 2018-04 FIFTH STREET VILLAS 3417 WEST FIFTH STREET TENTATIVE TRACT MAP EXHIBIT NO. 6 4-19 This page left blank intentionally.