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HomeMy WebLinkAbout06-10-19_AGENDA PACKETCITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA Teleconference Location: Epic Hotel, Lobby, 270 Biscayne Boulevard Way, Miami, FL 33131 Commissioner Alderete will attend this meeting of the Commission via teleconference CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative FELIX RIVERA Ward 2 Representative DAVID BENAVIDES Ward 4 Representative Lisa E. Storck Legal Counsel JUNE 10, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative Minh Thai Executive Director Candida Neal, AICP Planning Manager The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings ERIC ALDERETE Ward 1 Representative KENNETH NGUYEN Ward 3 Representative ANGIE CANO Ward 6 Representative Sarah Bernal Recording Secretary Si tiene preguntas en espanol, favor de Ilamar a Narcee Perez al (714) 667-2260. Neu can lien lac bang tieng Viet, xin dign thoai cho Tony Lai so (714) 565-2627. Prior to the meeting: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 1:00 p.m. the day of the meeting; emails received after said time will not be distributed to the Commission but will be on file for public viewing the day after the meeting. During the meeting: If you wish to comment on any item on the Agenda, please complete and submit a Request to Speak form to the Commission Secretary before the agenda item is considered. Request to Speak forms will be available at the meeting. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. PLANNING COMMISSION AGENDA June 10, 2019 Basic Planning Commission Meeting Information Five -Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: -investment in youth -Safe and healthy community -Neighborhood pride -Thriving economic climate -Enriched and diverse culture -Quality government services Mission - "To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents." Guiding Principles - -Collaboration -Efficiency -Equity -Excellence -Fiscal Responsibility -Innovation -Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana's long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City's development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa- ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: 1. Consent Calendar. These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Commission. 2. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. 3. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. See information for Speaker's Card/Request to Speak on the first page. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: The Chairman will ask for presentation of the staff report; The Commission will have the opportunity to question staff in order to clarify any specific points; The public hearing will be opened; The applicant and the project representative will be allowed to make a presentation; Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker; The applicant will be given an opportunity to respond to comments made by the audience; The public hearing will be closed; and Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City's website at https://www.santa-ana.oro%c%ity-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission regarding Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances are final and shall become effective after the ten-day appeal period (unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council). An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City's Code can be found on the Clerk of the Council's webpage. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability Respect - Efficiency Senate Bill 343: As required by Senate Bill 343, any non -confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. PLANNING COMMISSION AGENDA June 10, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION by Adrienne Gladson, OC-APA Planning Commissioners Representative, on the Orange County Planning Officials Leadership Initiative Collaborative (OC POLI-C) PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non -agenda items within the subject matter jurisdiction of the Commission. Members of the public will be allotted 3 minutes to speak Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. No action may be taken on non -agenda items unless authorized by law. CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-C. ADMINISTRATIVE MATTERS 0 MINUTES FROM THE REGULAR MEETING OF MAY 28, 2019 {STRATEGIC PLAN NO. 5, 11 RECOMMENDED ACTION: Approve Minutes. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** Planning Commission Agenda 2 June 10, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARINGS AMENDMENT APPLICATION NO. 2019-02; CONDITIONAL USE PERMIT NO. 2019- 12; VARIANCE NO. 2019-01 (STRATEGIC PLAN NO. 5, 4) — Jerry Guevara, Case Planner. REQUEST: Filed by Fiedler Group, representing 7-Eleven, Inc. to: (1) change the zoning designation from Light Industrial (M-1) to General Commercial (C-2); (2) allow after-hours operation; and (3) allow an additional free-standing sign for a new 7-Eleven convenience store and gas station located at 1904 W. First Street. ENVIRONMENTAL DETERMINATION: In accordance with the California Quality Environmental Act (CEQA), a Mitigated Negative Declaration (MND), Environmental Review No. 2017-140 was prepared for the project. The MND concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, transportation, hazards, and hazardous materials. RECOMMENDED ACTIONS: a. Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AND APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017- 140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET; b. Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST STREET; c. Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET; AND d. Recommend that the City Council adopt an ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) Planning Commission Agenda June 10. 2019 General Notes: Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Matter was continued from the May 13, 2019 meeting by a vote of 6:0 (Alderete absent). Matter was continued from the May 28, 2019 meeting by a vote of 6:0 (Benavides absent). Recommendation on this matter will be forwarded to City Council for final determination. * * * END OF BUSINESS CALENDAR * * * WORK STUDY SESSION Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. 2. GENERAL PLAN UPDATE — Verny Carvajal, Principal Planner * * * END OF WORK STUDY CALENDAR COMMENTS 3. STAFF COMMENTS 4. COMMISSION MEMBER COMMENTS ADJOURNMENT — The next regular meeting will be held on Monday, June 24, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • 1800 N. Bush Street Conditional Use Permit/ Variance • 923 N. Santiago Street #C—Conditional Use Permit • 2210 3/4 N Grand Avenue #WCC01 Conditional Use Permit Planning Commission Agenda 4 June 10. 2019 This page left blank intentionally. ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA May 28, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:35 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE DAVID BENAVIDES ANGIE CANO (arrived at 5:37 p.m.) CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN FELIX RIVERA COMMISSIONERS Absent: DAVID BENAVIDES PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non -agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF MAY 13, 2019 B. MINUTES FROM THE ADJOURNED REGULAR MEETING OF MAY 14, 2019 MOTION: Approve Minutes. MOTION VOTE: Nguyen AYES: NOES: ABSTAIN ABSENT: PLANNING COMMISSION MINUTES SECOND: Contreras -Leo Alderete, Contreras -Leo, McLoughlin, Nguyen, Rivera (5) None (0) None (0) Benavides, Cano (2) 1 May 28, 2019 A-1 C. EXCUSED ABSENCES MOTION: Excuse absent Commissioners: Benavides MOTION: Nguyen SECOND: Rivera VOTE: AYES: Alderete, Contreras -Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Cano (2) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. AMENDMENT APPLICATION NO. 2019-02; CONDITIONAL USE PERMIT NO. 2019-12; VARIANCE NO. 2019-01 REQUEST: Filed by Fiedler Group, representing 7-Eleven, Inc. to: (1) change the zoning designation from Light Industrial (M-1) to General Commercial (C-2); (2) allow after-hours operation; and (3) allow an additional free-standing sign for a new 7-Eleven convenience store and gas station located at 1904 W. First Street. Staff requested the matter be continued. MOTION: Continue the matter until June 10, 2019 MOTION: Rivera SECOND: Nguyen VOTE: AYES: Alderete, Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 2 PLANNING COMMISSION MINUTES May 28, 2019 A - 2 2. CONDITIONAL USE PERMIT NO. 2019-13; CONDITIONAL USE PERMIT NO. 2019-14; AND CONDITIONAL USE PERMIT NO. 2019-17 REQUEST: Filed by In-N-Out Burger to allow: (1) drive -through window service; (2) after- hours operation; and (3) walk-up window service for a new restaurant (In-N-Out Burger) located at 815 and 827, 829, and 907 North Bristol Street in the Bristol Street Corridor Specific Plan (SP-1) zone. General Notes: Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Matter was continued from the May 13, 2019 meeting by a vote of 6:0 (Alderete absent). Case Planner Ivan Orozco provided a staff presentation. Commission discussion ensued regarding site ingress and egress, outdoor seating capacity, vehicle circulation, vehicle overflow and on -site congestion mitigation measures, parking, noise mitigation measures, landscape plan, construction timeline, and hours of operation. Written communication was received from the following individuals. • Robert Walker • Tony Michalski • Bobi Keenan Chari McLoughlin opened the Public Hearing. • Katie Sanchez, representing In-N-Out Burgers, spoke in support of the matter. Addressed Commission's questions regarding site design, and landscape maintenance. Expressed concern with the condition of approval requiring outdoor dining to conclude by 11 p.m.; requested outdoor dining hours be the same as indoor dining. Commission inquired about the covered patio area. There were no other speakers and Public Hearing was closed. MOTION: Adopt the following resolutions. a. RESOLUTION NO. 2019-22 OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-13 AS CONDITIONED TO ALLOW DRIVE -THROUGH WINDOW SERVICE AND CONDITIONAL USE PERMIT NO. 2019-17 TO ALLOW WALK-UP WINDOW SERVICE FOR AN IN-N-OUT BURGER RESTAURANT LOCATED AT 815 NORTH BRISTOL; AND b. RESOLUTION NO. 2019-23 OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-14 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR AN IN-N-OUT BURGERS LOCATED AT 815 NORTH BRISTOL STREET MOTION: Nguyen SECOND: Rivera 3 PLANNING COMMISSION MINUTES May 28, 2019 A - 3 3 VOTE: AYES: Alderete, Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 2019 LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: The State CEQA guidelines require local agencies to adopt "objectives, criteria and procedures" to implement the requirements of CEQA and the State CEQA guidelines (State CEQA Guidelines [14 Cal. Code Regs] Section 15022). The 2019 local guidelines for implementing the State CEQA for the City of Santa Ana reflect recent changes to the State CEQA guidelines and relevant court opinions. General Notes: Legal notice published in the Orange County Register on May 17, 2019. Case Planner Selena Kelaher provided a staff presentation. Commission discussion ensued regarding timeframe for environmental documents, purpose of adopting local guidelines, and compliance with state law. MOTION: Adopt the following resolution. RESOLUTION NO. 2019-24 OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.) MOTION: Alderete SECOND: Contreras -Leo VOTE: AYES: Alderete, Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) * * * END OF BUSINESS CALENDAR * * * COMMENTS 4. STAFF COMMENTS • Executive Director Minh Thai thanked Commission for their work. • Planning Manager Neal reported that the Santa Anita Neighborhood was recognized at the NUSA 2019 Conference in Palm Springs. Informed Commission that neighborhood 4 PLANNING COMMISSION MINUTES May 28, 2019 A - 4 leaders, city staff, and applicant will meet on June 24 to discuss the Marisco's Hector project. 5. COMMISSION MEMBER COMMENTS • Commissioner Cano requested the invite for the meeting regarding Marisco's Hector be forwarded to all commissioners. • Vice Chair Contreras -Leo requested that bilingual staff be present at the Marisco's Hector meeting. 6:25 P.M. ADJOURNMENT — The next regular meeting will be held on June 10, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary 5 PLANNING COMMISSION MINUTES May 28, 2019 A - 5 This page left blank intentionally. REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2019 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-140, AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 TO FACILITATE CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 1904 WEST FIRST STREET — BEN STECKLER, APPLICANT (STRATEGIC PLAN NO. 3,2) Prepared by Jerry C. Guevara PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION 1. Recommend that the City Council adopt and approve Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-140; 2. Adopt a resolution conditionally approving Conditional Use Permit No. 2019-12, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 3. Adopt a resolution conditionally approving Variance No. 2019-01, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 4. Recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02. Executive Summary Ben Steckler with Fiedler Group, representing 7-Eleven, Inc., is requesting approval of an Amendment Application (AA) to change the zoning of the property from Light Industrial (M-1) to General Commercial (C-2) to facilitate the construction of a new 2,480-square-foot convenience 1-1 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 2 store (7-Eleven) with an 810-square-foot gas station canopy with two fuels pumps that would accommodate up to four vehicles at a time at 1904 West First Street. Additionally, the request includes approval of a conditional use permit (CUP) to allow the convenience store to operate 24- hours per day, seven days per week and a variance application (VA) to allow one additional monument sign on -site. In conjunction with the applicant's request, the City is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (C1) to General Commercial (C2) to be consistent with the existing General Commercial (GC) General Plan land use designation of these properties. In accordance with the California Environmental Quality Act, an initial study and mitigated negative declaration (IS/MND) was prepared for this project. Approval and adoption of the MND and Mitigation Monitoring and Reporting Program (MMPP) is required by the City Council. Staff is recommending approval of the project as conditioned to facilitate redevelopment of a blighted site with a convenience store and gas station that will serve the community and generate sales tax revenue for the City. The project will not negatively impact the surrounding community and is compatible with the surrounding land uses. This project was considered at the May 13, 2019 Planning Commission meeting. During the public hearing, the applicant had a few concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019 and subsequently to June 10, 2019 to allow time for the applicant to work with staff to resolve the concerns. Table 1: Proiect and Location Information Item Information Project Address 1904 West First Street Nearest Intersection First Street and Daisy Avenue General Plan Designation General Commercial Existing Zoning Designation Light Industrial (M-1) Proposed Zoning Designation General Commercial (C-2) Surrounding Land Uses North Single -Family Residential/Commercial East Single -Family Residential/Commercial South Vacant Lot West Commercial Property Size 17,336 square feet (0.40 acres) Existing Site Development The site is currently developed with a 1,610-square-foot restaurant building that has been vacant since 2016 and would be demolished as part of this project. Use Permissiions/Proposed Development A 2,480-square-foot convenience store subject to approval of a zone change from M-1 to C-2 After Hours operation subject to approval of a CUP 1-2 ER No. 2017-140, AA No June 10, 2019 Page 3 2019-02, CUP No. 2019-12 & VA No. 2019-01 Item Information Uses SAMC Sections 41-365(a), 41-365(q) and 41- Zoning Code Sections 365.5 h Development & Operational SMAC Section 41-378 to 41-386 & 41-374 Affected Standards Entitlements SAMC Chapter 41, Article V, Division I and Division II Project Background and Chronology The existing restaurant building was built in 1960 as a drive -in -restaurant. The building was last occupied by Antojitos Don Chepe restaurant and has been vacant since 2016. In November 2017, the Planning Division received this development application request and has been working with the applicant to refine the site plan and building design. In accordance with the Sunshine Ordinance, the applicant held two community meetings on December 12, 2017 and February 8, 2018 to review the proposed development and receive feedback from the community and adjacent property owners and residents. A total of seven members of the public attended. The community raised concerns about safety, potential traffic impacts, and the sale of alcoholic beverages. The sale of alcoholic beverages at this location is not allowed per the City's alcoholic beverage ordinance. On May 13, 2019, the Planning Commission held a public hearing to consider the project. At the public hearing, the applicant expressed concerns with the mitigation measures and proposed conditions of approval. The applicant's concerns and their resolutions are listed below: (a) Concern: Transportation Mitigation Measure No. 1 restricting access driveways along Daisy Avenue to left -in, right -in and right -out only. Resolution: The applicant submitted a revised traffic site analysis (TSA), attached hereto within Exhibit 13, to address and correct the southerly Daisy Avenue driveway restrictions. The revised TSA was reviewed and approved by the City's Public Works Agency. In addition, the Final MND has been revised to reflect this change and Transportation Mitigation Measure No. 1 has been removed. (b) Concem: Condition No. 4 of the CUP requiring an alternative trash enclosure location/design that complies with the Crime Prevention Through Environmental Design (CPTED) principals. Resolution: The applicant submitted a revised site plan to address Condition No. 4 of the CUP, attached hereto as Exhibit 7. The trash enclosure has been pushed to the rear of the property along the south property line and the pedestrian walkway leading from Daisy Avenue to the front of the convenience store is now located in front of the trash enclosure. The revised site plan has been determined to be acceptable by staff and, therefore, the condition has been removed. 1-3 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 4 (c) Concern: Condition No. 18 of the CUP prohibiting truck deliveries between the hours of 8:00 p.m. and 7.00 a.m. Resolution: The applicant met with staff to resolve the hours of truck deliveries. Staff has modified this condition to provide flexibility to meet the needs of 7-Eleven and is recommending that truck deliveries be prohibited between the hours of 11:00 p.m. and 6:00 a.m. (d) Concern: Condition No. 5 of the VA limiting the size of the monument sign along First Street to 20 square feet in size and four feet in height and the monument sign along Daisy Avenue to 20 square feet in size and four feet in height. Resolution: Staff has modified this condition and is recommending that the monument sign along First Street not exceed 6 feet in height with a maximum sign area of 45 square feet and the monument sign along Daisy Avenue not exceed 4 feet in height with a maximum sign area of 30 square feet. Project Description The applicant is proposing to demolish the existing 1,610-square-foot restaurant building and all site improvements to facilitate the construction of a new 2,480-square-foot 7-Eleven convenience store and 810-square-foot gas station canopy. The gas station canopy includes two fueling pump stations that will accommodate four vehicles. The project also includes surface parking with ten parking spaces and approximately 2,795 square feet of landscaping. Site access will be provided via three driveways, one located along First Street and two located along Daisy Avenue. The northerly driveway along Daisy Avenue will be restricted to left -in, right -in, right -out only. The 7-Eleven convenience store is proposing to operate on a 24-hour, seven days a week basis. The architecture of the convenience store has been designed as a contemporary Spanish style building and features stone and stucco finishes, steel canopies and trellises, and a clay tile roof. The gas station canopy also features the same finishes and style. Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2A: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit Requirements Convenience Store and Service Station Subject to approval of the proposed Amendment Application by City Council Retail markets having less than twenty thousand (20,000) square feet of floor area Subject to approval of a Conditional Use Permit which are open at any time between the hours of 12:00 midnight and 5:00 a.m. 1-4 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 5 Table 2B: Development Standards Standard Allowed per SAMC Proposed Front yard 15 feet minimum Complies; 15 feet Side yard street 15 feet minimum Complies: 15 feet Side yard (interior) None Complies; 5 feet Rear yard None Complies; 0 feet Lot Size & Frontage 15,000 sq. ft. and 120 feet of street frontage Complies; 17,336 square feet and 240 feet of frontage Building height 35 feet maximum Convenience Store: Complies; 24 feet, 4 inches Gas Station Canopy: Complies; 22 feet, 5 inches Off-street Parkiag 12 parking spaces Complies; 12 spaces Floor Area Ratio F.A.R.) 0.50 FAR maximum Complies; 0.19 FAR Driveway Width service station 35 feet maximum Complies; 30 feet Monument Sign 1 monument sign maximum Variance required; 2 monument signs Project Analysis Amendment Application (Zone Change) The applicant is requesting approval of an amendment application (zone change) to change the zoning of the subject property from M-1 to C-2. The zone change will allow for a larger convenience store than what the M-1 zone allows and will be consistent with the City's General Plan. The M-1 zoning limits the size of convenience stores ancillary to service stations to 2,000 square feet. In addition, as part of this application, the City is also proposing to change the zoning designation of the adjacent properties from M-1 and C-1 to C-2. The C-2 zoning designation will be consistent with the City's General Plan land use designation of General Commercial (GC). The C-2 zoning district allows for auto services and no use nonconformity will be created by this zone change. Table 3: Existing and Proposed Zoning Property Address Current Use Existing General Existing Zoning Proposed Zoning Plan 1904 West First Street Restaurant General Commercial Light Manufacturing General (GC) M-1 Commercial C-2 1910 West First Street Auto General Commercial Light Manufacturing General Services GC M-1) Commercial C-2 1916 West First Street Auto General Commercial Light Manufacturing General Services 1 (GC) (M-1) Commercial (C-2) Restaurant 2002 West First Street Auto General Commercial Community General Services GC Commercial C-1) Commercial (C-2 1901 West Walnut Street Vacant General Commercial Light Manufacturing General GC(M-1) Commercial (C-2) 1-5 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 6 The 1998 General Plan land use map designates the subject properties as GC, with the C-2 designation being a compatible zoning district as identified in Table A-3 (Correlation of Land Use Designations and Zoning Districts) of the General Plan. The GC designation applies to commercial corridors in Santa Ana including those located along First Street. The GC districts are key components in the economic development of the City and provide visible and accessible commercial developments along the City's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. It is also intended to provide support facilities and services for industrial areas such as office and retail, restaurants and various other services. Conditional Use Permit for After -Hours Operation The applicant is requesting approval of CUP No. 2019-12 to allow the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis, which is typical for a 7- Eleven store. Pursuant to SAMC Section 41-365.5, 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. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary impacts. The project site is bounded by commercial uses to the north, single-family residences and auto - body repair uses to the east, commercial and auto -repair uses to the west, and a vacant lot to the south. The proposed hours of operation are consistent with other convenience stores and service stations along First Street (i.e. those at 2646 West First Street and 2702 West First Street). The proposed after-hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. However, in order to preserve the health, safety and general welfare of persons residing in the vicinity, staff is recommending that truck deliveries be limited and not occur between the hours of 11:00 p.m. and 6.00 a.m., as per Condition No. 18 of the Conditions of Approval for CUP No. 2019-12 (attached hereto as Exhibit 1). Monument Sign Variance Lastly, the applicant is requesting approval of VA No. 2019-01 to allow one additional monument sign on -site. Section 41-862 of the SAMC limits the number of monument signs on a site based on linear street frontage. One sign is permitted on lots with 299 feet of frontage or less. Based on the street frontage of 241 feet, the site only qualifies to have one monument sign. The applicant is requesting approval of a variance to allow one additional monument sign in order to comply with State regulations. Pursuant to Business and Professions Code (BPC) Section 13531, businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other 1-6 ER No. 2017-140, AA No June 10, 2019 Page 7 2019-02, CUP No. 2019-12 & VA No. 2019-01 unit measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage needs to be clearly visible from the street adjacent to the premises and if located at an intersection, such signage is required to be clearly visible from each street of the intersection. The applicant is proposing to install one monument sign along First Street to allow visibility for motorist traveling east and west on First Street and another monument sign along Daisy Avenue to allow visibility for motorist traveling north and south on Daisy Avenue (refer to Exhibit 11 for Monument Sign Visibility Diagrams). The second monument sign would be located on a landscape planter along Daisy Avenue between the two driveways. Since Daisy Avenue is not a major arterial street and in order to preserve the neighborhood character, staff is recommending that the monument sign along Daisy Avenue not exceed four feet in height and 30 square feet in sign area, as per Condition No. 6 of the Conditions of Approval for VA No. 2019-01 (attached hereto as Exhibit 2). Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA A Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, with technical studies was prepared for the project. No areas of unavoidable impacts were determined from the construction or operation of the proposed project (Exhibit 12). The CEQA Type project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, transportation, and hazardous and hazardous materials. The Planning Commission will consider this MND in their review of the project. On May 8, 2019, the draft MND was circulated to interested parties and the notice of intent Public Circulation (NOI) was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the roject's web a e on the City's website. Strategic Plan Alignment Goal(s), Policy or Approval of this item supports Goal No. 3 (Economic Development) Objective No. 2 Policies (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) of the City's Strategic Plan. Public Notification & Community Outreach Site posting A public notice was posted on the project site on May 2, 2019. Notification by mail Notification by mail was sent to all property owners and Required Measures occupants within 500 feet of the project site on May 2, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on May 3, 2019. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 12, 2017 and February 8, 2018 from 6:00 p.m. to 8:00 p.m. at Monte Vista Elementary (2116 West Monte Vista Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of 7 members of the public attended. The applicant provided all the required information to the City after the meeting (Exhibit 12). The representatives of Casa Bonita and Artesia Pilar Neighborhood Associations were Additional Measures contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed project. 1-7 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 8 Economic Development The project will generate property tax revenue, sales tax revenue, temporary jobs, permanent jobs and services for the community. Property tax revenue will increase as the lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $335,498, resulting in approximately $7,000 in annual property tax. Of this amount the City of Santa Ana receives approximately $1,400. Upon completion, the property is estimated to be valued at approximately $650,000 and generate $2,600 in property tax revenue for the City of Santa Ana. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 to 20 new job opportunities will be created at this specific location. Cnnr_ii1cinn Based on the analysis provided within this report, staff recommends that the Planning Commission approve CUP No. 2019-12 and VA No. 2019-01, subject to the recommended conditions of approval, as outlined on the attached resolutions, and any other limitations and/or conditions the Planning Commission may wish to impose and recommend that the City Council approve and adopt ER No. 2017-140 and AA No. 2019-02. /��- �]� 1✓ Jerry C. Guev ra Assistant Planner SAPlanning Commission1P01916-10-1917-Eleven at 1904 W- 1st Street, AA No. 19-02. CUP No. 19-12 & VA No. 19-OW-Eleven W M2, CUP19-12 & VA19-01.Stafflieport.pc.doc Exhibits: 1. CC Resolution for MND, ER No. 2017-140 2. PC Resolution for CUP No. 2019-12 3. PC Resolution for VA No. 2019-01 4. CC Ordinance for AA No. 2019-02 5. Vicinity Zoning & Aerial View 6. Site Photo 7. Site Plan 8. Floor Plan 9. Elevations 10. Landscape Plan 11. Monument Sign Visibility Diagrams 12. Sunshine Ordinance Minutes 13. Mitigated Negative Declaration & Technical Studies 14. Mitigated Negative Declaration Received Comment Letters 1-8 EXHIBIT 1 1-9 This page left blank intentionally. 1-10 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AND APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Amendment Application No. 2019-02, Conditional Use Permit No. 2019-12 and Variance No. 2019-01 in order to facilitate the construction and operation of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, transportation, hazards and hazardous materials. E. On May 8, 2019, a Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2017-140 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019 and June 10, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2017-140 and the related Mitigation Monitoring and Reporting Program for the project. On July 2, 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 Mitigated Negative Declaration, Environmental Review No. 2017-140, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, the Request for Council Action dated July 2, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 1-12 Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of , 2019. Miguel A. Pulido Mayor 1-13 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney la Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting 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: Acting Clerk of the Council City of Santa Ana 1-14 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1: 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures 4. Biological Resources MM BIO-1a: Prior to demolition, a qualified wildlife biologist will conduct clearance surveys for special -status bats concurrently with the nesting birds pre -construction survey to confirm there is no roosting on -site. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.). Visual surveys will include the existing vacant structure and trees located on the project site. The type of survey will depend on the condition of the potential roosting habitat. If no bat roosts are found, then no further study is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts. If roosts are determined to be present and must be removed, the bats will be excluded from the roosting site before the facility is removed. A mitigation program addressing compensation, exclusion methods, and roost removal procedures will be developed prior to implementation. Exclusion methods may include the use of one-way doors at roost entrances (bats may leave but cannot not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young). If roosts cannot be avoided or it is determined that construction activities may cause roost abandonment, such activities may not commence until permanent, elevated bat houses have been installed outside of, but near to, the FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial Confirm pre -construction Prior to demolition City of Santa Ana surveys for special -status bats and nesting birds were conducted. 1-15 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification construction area. Placement and height will be determined by a qualified wildlife biologist, but the height of the bat house will be at least 15 feet. Bat houses will be multi -chambered and will be purchased or constructed in accordance with CDFW standards. The number of bat houses required will be dependent upon the size and number of colonies found, but at least one bat house will be installed for each pair of bats (if occurring individually), or of sufficient number to accommodate each colony of bats to be relocated. MM BIO-1b: If construction activity associated with Confirm pre -construction development of the property is to occur during nesting bird surveys for nesting birds season (February 1 through August 31), a qualified biologist were conducted. shall conduct a pre -construction survey for nesting birds to identify any potential nesting activity. The pre -construction surveys for nesting birds shall be conducted within 14 days prior to any construction -related activities (grading, ground clearing, etc.). If nesting birds are identified on -site, a buffer (e.g., 250 feet for raptors, 100 feet for native songbirds) shall be maintained around the nests; no construction -related activities shall be permitted within the buffer. A qualified biologist shall monitor the nests, and construction activities may commence within the buffer area at the discretion and in the presence of the biological monitor. This mitigation measure is not required if construction activities occur outside of the nesting bird season (September 1 through January 31). FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Timing of Verification Verification Date Initial Prior to construction City of Santa Ana activities. 1-16 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Verification of Completion Responsible for Mitigation Measures Method of Verification Timing of Verification Verification Date Initial 7. Geology and Soils MM GEO-1: Earthwork Construction Review and approval of Prior to issuance of City of Santa Ana • Site preparation shall begin with the removal of existing construction and grading permits buildings, pavement, buried slabs and foundations, earthwork plans vegetation, highly organic soil, leach lines, septic tanks, and any other unsuitable materials. Existing underground utilities within the proposed construction areas shall be completely removed and/or rerouted. Grading shall conform to the guidelines presented in the 2016 CBC, as well as the requirements of the City of Santa Ana and Orange County. • Building Pad Foundation Areas: All undocumented fill shall be removed from below the proposed building footprint, if encountered. The removal of soil fill shall extend at least 5 feet beyond the building perimeter unless constrained by existing structures or improvements. The removals shall extend to a depth of at least 3 feet below the bottom of the lowest foundation. The removal depth below the building footprint shall be relatively level to provide a uniform compacted fill mat. The bottom of the remedial grading excavations shall be scarified to a depth of 8-inches, moisture conditioned to within 0 to 4 percentage points above the optimum moisture content and compacted to at least 95 percent relative compaction based on the ASTM D1557 laboratory test procedure. All references to optimum moisture content and relative compaction in this report are based on this test method. • Pavement and Hardscape: Remedial grading for pavement and hardscape areas shall include removal of the existing soils to a depth of at least 2 feet below the existing ground surface or subgrade elevation, whichever is lower. The soil exposed at the base of the excavation shall be scarified to a FirstCarbon Solutions 3 Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx 1-17 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures depth of 8 inches, and moisture conditioned to within 0 to 4 percentage points above the optimum moisture content. Hardscape subgrade shall be compacted to at least 90 percent relative compaction. Pavement subgrade shall be compacted to at least 95 percent relative compaction. Field Observation: The Geotechnical Engineer shall check the bottom of excavations. If soft, loose, wet, or otherwise unsuitable soils are encountered, the depth of removal may be extended, or additional recommendations can be provided. Fill Placement and Compaction: Excavated materials determined by the Geotechnical Engineer to be satisfactory can be reused as compacted fill. With the exception of the asphalt and concrete, it is anticipated that the majority of the excavated materials can be re -used as compacted fill soils. The asphalt grinding's may be reused in non -building areas provided they are broken down to less 3 inches and thoroughly mixed with other materials. The existing concrete pavement on the site may be reused within the compacted fill provided all debris such as rebar is removed and the concrete is broken down or crushed to a maximum 3-inch size. The concrete pieces shall be thoroughly mixed with finer soil such that nesting of coarse fragments which could result in voids does not occur. The Geotechnical Engineer shall approve the fill material before placement. Fill shall be placed in 6- to 8-inch thick loose, horizontal lifts, moisture conditioned to within 0 to 4 percentage points above the optimum moisture content, and compacted to at least 95 percent relative compaction. The maximum dry density and optimum moisture content for the evaluation of relative compaction shall be determined in accordance with ASTM D1557. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 1-18 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Fill material with high fines contents will be difficult to compact in wet weather conditions. Accordingly, during wet weather conditions, the use of predominately granular fill material with less than 5 percent passing the #100 sieve is recommended. Pipelines: Typical pipe bedding as specified in the Standard Specifications for Public Works Construction (GREENBOOK) may be used. As a minimum, it is recommended that pipe be supported on at least 4 inches of granular bedding material, such as 0.75-inch rock or clean coarse sand with less than 5 percent fines and a sand equivalent of 40 or more as evaluated by ASTM D2419. The bedding shall extend from the bottom of the trench to at least 1 foot above the top of the pipe. Sand bedding shall be mechanically compacted to at least 90 percent relative compaction. Jetting of sand bedding shall not be permitted. On -site material, imported select material, or 2-sack cement/sand slurry may be used as backfill in trenches above the pipe bedding. The material selected shall match the engineering characteristics of the soils adjacent to the trench. Utility trench backfill beneath structures and hardscape shall be compacted to at least 90 percent relative compaction. The modulus of soil reaction (E') is used to characterize the stiffness of soil backfill placed along the sides of buried flexible pipelines. For the purpose of evaluating deflection due to the load associated with trench backfill over the pipe, a value of 1,500 pounds per square inch (lbs/in2) is recommended for the general site conditions assuming granular bedding material (sand or gravel) is placed adjacent to the pipe. Imported Material: Imported materials, if used for fill, shall be predominately granular, contain no rocks or lumps FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 1-19 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures greater than 3 inches in maximum dimension, and have a Plasticity Index less than 15. Imported materials shall be reviewed and approved by the Geotechnical Engineer before being brought to the site. Oversized Material: Excavations may generate oversized material. Oversized material is defined as rocks or cemented clasts greater than 3 inches in largest dimension. Oversized material shall be broken down to no greater than 3 inches in largest dimension for use in fill. Temporary Excavations: The existing fill soils can be considered Type B for excavation in accordance with Occupational Safety and Health Administration (OSHA) and California Occupational Safety and Health Administration (Cal/OSHA) requirements. Temporary excavations shall be shored or excavated with a slope not steeper than 1.5:1 (horizontal to vertical) in accordance with OSHA and Cal/OSHA requirements. The excavations shall be inspected daily by the contractor's Competent Person before personnel are allowed to enter the excavation. Any zones of potential instability, sloughing or raveling shall be brought to the attention of the Geotechnical Engineer and corrective action implemented before personnel begin working in the excavation. Excavated soils shall not be stockpiled behind temporary excavations within a distance equal to the depth of the excavation. A Geotechnical Engineer shall be notified if other surcharge loads are anticipated so that lateral load criteria can be developed for the specific situation. If temporary slopes are to be maintained during the rainy season, berms are recommended near the tops of slopes to prevent runoff water from entering the excavation and eroding the slope faces. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 1-20 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Braced Shoring System: For braced shoring above the groundwater level, a uniform rectangular pressure distribution shall be used from top to bottom of the shoring equivalent to the following, Bracing: 30H pounds per square foot (psf)/feet where H is the depth of the excavation, in feet. The earth pressures indicated above do not include a safety factor; therefore, the shoring design shall include an appropriate safety factor for the overall performance of the system. Surface Drainage: Final surface grades around structures shall be designed to collect and direct surface water away from the structure and toward appropriate drainage facilities. The ground around the structure shall be graded so that surface water flows rapidly away from the structure without ponding. In general, we recommend that the ground adjacent to the structure slope away at a gradient of at least 2 percent. Densely vegetated areas where runoff can be impaired shall have a minimum gradient of at least 5 percent within the first 5 feet from the structure. Roof gutters with downspouts that discharge directly into a closed drainage system are recommended on structures. Drainage patterns established at the time of fine grading shall be maintained throughout the life of the proposed structures. Site irrigation shall be limited to the minimum necessary to sustain landscape growth. Shall excessive irrigation, impaired drainage, or unusually high rainfall occur, saturated zones of perched groundwater can develop. Grading Plan Review: A Geotechnical Engineer shall review the grading plans and earthwork specifications to ascertain whether the intent of the recommendations contained in this report have been implemented, and that no revised recommendations are needed due to changes in the development scheme. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 1-21 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification MM GEO-2: Conventional Shallow Foundations Review and approval of An allowable bearing pressure of 2,500 psf shall be used for construction plans conventional square or rectangular shallow foundations founded in properly compacted fill. The bearing capacity can be increased by one third for transient loading conditions such as earthquake and wind. Additional parameters for shallow foundations are provided below. Minimum Footing Width: 18 inches for continuous footings 24 inches for square/rectangular footings Minimum Footing Depth: 18 inches below lowest adjacent soil grade Minimum Reinforcement: Two No. 5 bars at both top and bottom in continuous footings. Canopy Foundations: Typical shallow drilled pier footings for the canopy columns are expected to provide adequate support for the proposed structures provided that the recommendations provided herein are incorporated in the design. We understand that typical canopy column footings will consist of reinforced concrete drilled piers having a minimum diameter or width of 4 feet and embedded a minimum depth of 7 feet bgs. Based on these assumptions and the anticipated subsurface conditions, an allowable bearing pressure of 4,000 psf may be used in the design. For resistance to transient lateral loads, such as earthquake and wind loads, the aforementioned allowable bearing capacity may be increased by one-third. Lateral Resistance: Lateral loads will be resisted by friction between the bottoms of footings and passive pressure on the faces of footings and other structural elements below grade. An allowable coefficient of friction of 0.30 can be FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Timing of Verification Verification Date Initial Prior to grading City of Santa Ana permits 1-22 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification used. Passive pressure can be computed using an allowable lateral pressure of 300 psf per foot of depth below the ground surface for level ground conditions. Reductions for sloping ground shall be made. The passive pressure can be increased by one-third when considering the total of all loads, including wind or seismic forces. The upper 1 foot of soil shall not be relied on for passive support unless the ground is covered with pavements or slabs. Foundation Plan Review: A Geotechnical Engineer shall review the foundation plans to ascertain that the intent of the recommendations in this report has been implemented and that revised recommendations are not necessary as a result of changes after this report was completed. Foundation Excavation Observations: A representative working under direct supervision of the Geotechnical Engineer shall observe the foundation excavations prior to forming or placing reinforcing steel. MM GEO-3: Slabs -On -Grade Review and approval of • Interior Slabs on Grade: The top 24 inches of material below construction plans and interior concrete slabs -on -grade shall have an expansion conduct on -site index of 20 or less. The project structural engineer shall inspections design the interior concrete slabs -on -grade floor. However, we recommend a minimum thickness of 5 inches. - A vapor barrier shall be placed beneath slabs where moisture sensitive floor coverings will be installed. If plastic is used, a minimum 10-mil is recommended. The plastic shall comply with ASTM E1745. Installation shall comply with ASTM E1643. Current construction practice typically includes placement of a 2-inch thick sand cushion between the bottom of the concrete slab and the moisture vapor retarder/barrier. This cushion can provide some protection FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Timing of Verification Verification Date Initial Prior to and during City of Santa Ana construction 1-23 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures to the vapor retarder/barrier during construction, and may assist in reducing the potential for edge curling in the slab during curing. However, the sand layer also provides a source of moisture to the underside of the slab that can increase the time required to reduce vapor emissions to limits acceptable for the type of floor covering placed on top of the slab. The slab can be placed directly on the vapor retarder/barrier. The floor covering manufacturer shall be contacted to determine the volume of moisture vapor allowable and any treatment needed to reduce moisture vapor emissions to acceptable limits for the particular type of floor covering installed. The project team shall determine the appropriate treatment for the specific application. In addition to the moisture vapor barrier, a capillary moisture break shall be constructed below the slab to further reduce moisture transmission from the subgrade soil, if desired. The capillary moisture break shall consist of at least 4-inches of clean, free -draining gravel or crushed rock placed below the moisture vapor retarder/barrier. The components of the capillary moisture break shall meet the particle -size gradation presented in Table 3 of the Geotechnical Report. Exterior Slab on Grade: The top 24 inches of material below exterior concrete slabs -on -grade shall have an expansion index of 20 or less determined in accordance with ASTM D4829 or a Plasticity Index less than 15. Exterior slabs shall have a minimum thickness of 4 inches and be reinforced with at least No. 4 bars at 18 inches on center each way. Slabs shall be provided with weakened plane joints. Joints shall be placed in accordance with the American Concrete Institute (ACI) guidelines. The project architect shall select the final joint patterns. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 10 1-24 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures MM GEO-4: Underground Storage Tank Backfill • Backfilling adjacent to and over the top of the underground storage tanks shall be performed in accordance with the tank manufacturer's specifications. Pea gravel used for tank backfill shall be encapsulated ("burrito wrapped") in a geotextile fabric to prevent migration of fines into the voids within the pea gravel, which could cause ground settlement. The pea gravel backfill shall be covered with a structural concrete slab designed to bridge over localized settlement of the gravel backfill. Depending on the actual quality and composition of the gravel utilized to backfill the USTs, little or no mechanical compactive effort is generally necessary to place the gravel in a dense manner. Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial Review and approval of Prior to construction City of Santa Ana UST Installation Plan activities MM GEO-5: Pavement Conduct on -site • Asphalt Concrete Pavement: An R-Value of 9 has been inspections assumed for preliminary design of pavement sections based on laboratory test results and visual observation of the on - site material in the upper 5 feet. The actual R-value of the subgrade soils shall be determined after grading to provide final pavement design. Flexible pavement sections have been calculated in general conformance with Caltrans guidelines. The project civil engineer and owner shall review the pavement designations to determine appropriate locations for pavement thickness. Based on an assumed R- value of 9, the following pavement structural sections have been calculated (See Table 4 of the Geotechnical Report. - Prior to placing base materials, the upper 12 inches of the subgrade soil shall be scarified, moisture conditioned to slightly above the optimum moisture content, and recompacted to a dry density of at least 95 percent of the FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx During construction City of Santa Ana activities 11 1-25 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures laboratory maximum. The base material shall also be compacted to slightly above the optimum moisture content and a dry density of at least 95 percent of the laboratory maximum. - Rigid concrete pavement (described below) shall be placed in driveway entrance aprons and trash bin loading/storage areas. Concrete pavement design is provided in the following section. Concrete Pavement: Concrete pavements have been calculated in general conformance with the procedure recommended by the ACI (ACI 330R-08) using the parameters presented in the table below. The following design parameters were used in our analyses. See Table 6 of the Geotechnical Report for recommended concrete pavement sections. - The project civil engineer shall confirm whether the assumed Average Annual Daily Traffic (AADT) is appropriate for the anticipated traffic level. Concrete compressive strength for pavement should be at least 3,700 psi. Rigid concrete pavement shall be placed in driveway entrance aprons, trash bin loading/storage areas, or other areas of the project site as desired. Crack control joints shall be placed in accordance with the ACI guidelines. Minimum reinforcement shall consist of #3 bars on 24-inch centers. - Prior to placing concrete, the upper 12 inches of the subgrade soil shall be scarified, moisture conditioned to slightly above the optimum moisture content, and recompacted to a dry density of at least 95 percent of the laboratory maximum. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial 12 1-26 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures MM GEO-6: Percolation Testing Final percolation testing shall be performed in as graded conditions so that effects from soil compaction are incorporated in the test results. MM GEO-7: Post -Investigation Final project grading and foundation plans, foundation details and specifications shall be reviewed by a Geotechnical Engineer prior to construction to check that the intent of the recommendations presented herein have been applied to the design. Following review of plans and specifications, observation during construction shall be performed to correlate the findings of this exploration with the actual subsurface conditions exposed. 9. Hazards and Hazardous Materials Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial Conduct on -site During and after City of Santa Ana inspections grading Review and approval of Prior to construction City of Santa Ana construction plans activities MM HAZ-1: Environmental personnel shall be present on -site Confirm the presence of During UST when the excavation for the new USTs are completed to an environmental excavation establish a baseline at the time of occupancy of the 7-Eleven personnel convenience store. 13. Noise MM NOI-1: To reduce potential construction noise impacts, the Conduct on -site During construction following multi -part mitigation measure shall be implemented inspections to ensure that activities for the proposed project: the mitigation measures • The construction contractor shall ensure that all equipment have been implemented. driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. • The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx City of Santa Ana, Department of Toxic Substance Control (DTSC) City of Santa Ana 13 1-27 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures • The construction contractor shall utilize "quiet" models of air compressors and other stationary noise sources where technology exists. • At all times during project grading and construction, the construction contractor shall ensure that stationary noise - generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses. • The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (starting too early, bad muffler, etc.) and establishment reasonable measures necessary to correct the problem. The construction contractor shall visibly post a telephone number for the disturbance coordinator at the construction site. • The construction contractor shall limit construction activities to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. Construction activities are prohibited on Sundays and federal holidays. 17. Transportation Method of Verification MM TRANS-1: Ensure adequate sight distance is provided at Review and approval of each project access location per the City of Santa Ana. Sight site plans and conduct on - distance at all project access points should be reviewed with site inspections respect to City of Santa sight distance standards at the time of preparation of final grading, landscape, and street improvement plans. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Responsible for Timing of Verification Verification Prior to grading City of Santa Ana permits and prior to certificate of occupancy Verification of Completion Date Initial 14 1-28 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Provide appropriate signage and pavement markings at the project access driveways, including stop bars and stop signs and restrict project access through clear signage and other means. To minimize vehicular conflicts at the northern Project Access Driveway on Daisy Avenue, left -turn movements out of the site should be restricted at this location. Install "No Left Turn" signage and "Right Turn Only" striping at northern project access driveway on Daisy Avenue for vehicles exiting the site. FirstCarbon Solutions Y:\Publications\Client(PN-1N)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Verification of Completion Responsible for Method of Verification Timing of Verification Verification Date Initial IS 1-29 This page left blank intentionally. 1-30 EXHIBIT 2 1-31 This page left blank intentionally. 1-32 IMMIN161107 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-12 to allow a 7- Eleven convenience store to operate 24 hours a day located at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for 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. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-12. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-12, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a Resolution No. 2019-xx Page 1 of 10 1-33 convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour Resolution No. 2019-xx Page 2 of 10 1-34 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Resolution No. 2019-xx Page 3 of 10 1-35 Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-xx Page 4 of 10 1-36 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this loth day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 5 of 10 1-37 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 6 of 10 1-38 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably Resolution No. 2019-xx Page 7 of 10 1-39 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property 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 Resolution No. 2019-xx Page 8 of 10 1-40 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 property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-xx Page 9 of 10 1-41 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx Page 10 of 10 1-42 EXHIBIT 3 1-43 This page left blank intentionally. 1-44 IMMIN161107 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2019-01 for one additional monument sign, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-xx Page 1 of 6 1-45 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit of measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-xx Page 2 of 6 1-46 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-xx Page 3 of 6 1-47 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this loth day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 4 of 6 1-48 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 5 of 6 1-49 EXHIBIT A Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. a. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-xx Page 6 of 6 1-50 EXHIBIT 4 1-51 This page left blank intentionally. 1-52 LS 6.10.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), filed Amendment Application No. 2019-02 with the City of Santa Ana to change the zoning designation of the parcel located at 1904 West First Street from Light Industrial (M1) to General Commercial (C2) in order to facilitate the construction a new 2,480-square-foot convenience store (7- Eleven) with an 810-square-foot gas station canopy with two fuel pumps that will accommodate up to four vehicles at a time. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to General Commercial (C2). C. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02, which is consistent with the General Plan land use designation of the subject properties. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning 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 July 2, 2019. Ordinance No. NS-XXXX Page 1 of 5 1-53 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 2, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10 showing the above described change in use district designation (AA No. 2019-02). This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated July 2, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration (Environmental Review No. 2017-140) prepared with respect to this project. The City Council has, as a result of its independent consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017- 140 meets all the requirements of CEQA. Section 4. The zoning designations of the real properties located at 1904 West First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and the zoning designation of the real property located at 2002 West First Street is hereby changed from Community Commercial (C1) to General Commercial (C2). An amended Sectional District Map Number 14-5-10, 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. 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. Ordinance No. NS-XXXX Page 2 of 5 1-54 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 5 1-55 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting 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: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 5 1-56 Ri R! RI Exhibit A qI Al T Old ON RI A, 3 T-r -mT7DA, M—rTTT- T., pl n3 A, Al 4 Al Al 7.1 Al A, A, m-o-w d. ZONING DISTRICTS m Al GENERALAj!F&MA.:%!:k'%- CaU SOUTHWdHSTREEFMDKWEFC ENST. R2 TWO-7AWYREEDEF' -B Rl= , I -- ":: - : -,-: I. CH ODFAAA"41CMAEFLAL &C GgWERMUYT CENTER R3 MLLTFLE- FAMY FdrRDENCE -OZ C.E;:A' Z".E SSO VDMMUNrrr I CIMEK AL - MJSEUMDlBT Ml LCTFIT NDUSTRYLL w SLOUFBAN AFAFrrME3,rr FLANPMREMW-�- -PFU:, CEVELCPNENT 412 - CEPJPALCML�AL FA:! HFM"rFlN-*TRLkL RE REEDENT�ESWFE C4 PLAPAR) SHDFFM CENTER 0 CPE?lSPk,E Ell SPECFMDE.ELOPMW - _V2 HEJGHTEMTRL711 0s ARTERFLLCCA4WEFCA'%L p PRD-FESSHMAL EF SPECrFM PLAN IA WMkl3RCLJU- RESE)ENTPLL Rl SNGLE-WALYREBCENCE GZI METRO E&27 OVERLAY ZONE SECTIONAL DISTRICT MAP: 14-5-10 Cnry OF SANTA ANAr CALIFORNLA Ordinance No. NS-XXXX Page 5 of 5 1-57 This page left blank intentionally. 1-58 EXHIBIT 5 1-59 ER No. 2017-140, AA No. 2019-02 & CUP No. 2019-12 1904 West First Street L R2.. R2 l 7 F<_21.�-ir7dFdr*ftdki IF i _ R2 ;wR� - -�1 M1 F R1 ► WWI F # Zoning JAM Zone ❑escription —� � Single-family e ce F,Two-family Residence l ■ Suburban Apartment -fir - - !? P. ■ Multiple -family Residenm L R 1 } M ■ Residential Estate W rk ■ Commercial Residential } ■Specific Plan ■ Specific 1pm ent Shapp� ■ Planned Shopping Center South Main Street Commercial District communityCommercial-museum District r rr_ f um m u niry Commercial � I _ ■ Arterial Commercial a 'ins 1 1 ■ General Commercial F ■ Light Industrial ,r rw ilihJ1 -dLj — r - ■ Heavy Industrial y ■ Professional ■ Government Center � L Open space [ �r�^yy , q p 250 feet ■General Agri cultural 'R1 R q R I I Rf1 (c) 7r11 Q ninil-A Man Prnrinrtc All rinhtc rpcprvpri 1-60 EXHIBIT 6 1-61 ER No. 2017-140, AA No. 2019-02 & CUP No. 2019-12 1904 West First Street 1-62 EXHIBIT 7 1-63 OFFSITE IMPROVEMENT UNDER SEPARATE PERMIT 17.00' 6.00' 5.00' 6.00' ACCESSIBLE RAMP & PARKING STALL DETAIL 5' 0 5' 10, 15' GRAPHIC SCALE: 1" = 5' 0 0 N 0.21 30.00' MODIFIED DRWY W. 1 ST STREET 0 N89°29'24"E 91 .31 ' y00r,/j 41 Cj .° a4 W a ° D2O O Oop �So. Y W W W 1.a Q 47 a ° ° Y y W G ----� 410 ° ° a CD 1.25 ® ° a y 1.4 ° W W O a , ° Q) ° ° a W a 4 1.16 ���, °aa 12.00' W W ❑ y a ° 06 ° ° ° ° 1.39 ° a 6 1.39 � a W ° a � a 1.440.15 < 4a a .- a W W sp, O 1.39 ° ° ppo \ ��o O 1.43 W '� ° U W O a p (/� J N�Q� G �owQ ry y 4 ° ° ��w� 1.45 �2, W y a Q a o Qcf V) < o=oz 4 a- Ln 0 Q �a Ln _J ° 1.48 (TYP.) .�: a CD (_0 1 ° O 0 � z L LO LO I 5.00' I a I ° L 5.5 ± TO P/L 'o NEW C-STORE 2,480 SF FF = 79.20 1.13 N89°29'24"E 55.16' APN: 007-332-08 CITY OF SANTA ANA 20 CIVIC CENTER PLZ #M-26 SANTA ANA, CA. 92701 N SITE PLAN W E 10' 0 10, 20' 30' S GRAPHIC SCALE: 1" = 10' 1.40 1.40 1.47 1.47 0=90°24'00" R=25.00' L_=39.44' m O 0 G 0 M W 30.00' 6 10' R W 30' R/W O O N 1C SITE NOTES ONOTE REFERENCE EXISTING ITEMS 0.15 (E) WALL 0.21 (E) DRIVEWAY NEW ITEMS 1.0 (N) BUILDING 1.1 (N) CANOPY 1.4 (N) VERTICAL CURB 1.6 (N) GUTTER 1.8 (N) SIGN 1.10 (N) CONC. WHEEL STOP 1.11 (N) TRASH ENCLOSURE 1.13 (N) ADA RAMP 1.16 (N) GUARD POST 1.20 (N) AIR / WATER UNIT & TRASH RECEPTACLE 1.21 (N) DRIVEWAY 1.24 (N) HEALY TANK 1.25 (N) VENT RISERS 1.27 (N) UNDERGROUND STORAGE TANKS 1.30 (N) PARKING STALL 1.31 (N) ADA PARKING STALL 1.34 (N) TRANSFORMER 1.35 (N) ASPHALT 1.36 (N) CONCRETE 1.39 (N) LANDSCAPE 1.40 (N) DECORATIVE PAVEMENT 1.41 (N) BICYCLE RACK 1.42 (N) BICYCLE LOCKER 1.43 (N) SWITCHGEAR 1.44 (N) VINES & DECORATIVE FEATURES 1.45 (N) ACCESS GATE 1.46 (N) UNDERGROUND STORMWATER TANKS - SEE PRECISE GRADING PLAN. 1.47 (N) SITE LIGHT LOCATION - SEE ELECTRICAL SITE PLAN FOR DETAILS 1.48 (N) WALL PACK LIGHT- SEE ARCHITECTURAL BUILDING PLAN. TO REMAIN ** TO BE REMOVED *** TO BE RELOCATED **** TO BE MODIFIED TRAFFIC ENGINEERING NOTES THIS PROJECT SHALL COMPLY WITH THE MITIGATION MEASURES IDENTIFIED IN THE TRAFFIC IMPACT STUDY (TIA). THE FOLLOWING MEASURES SHALL BE IMPLEMENTED PER "1904 WEST FIRST STREET 7-ELEVEN CONVENIENCE MARKET AND GAS STATION TRAFFIC SITE ANALYSIS CITY OF SANTA ANA, CALIFORNIA" PREPARED BY RK ENGINEERING GROUP, INC. ON JULY 6, 2018: 1. APPROPRIATE SIGNAGE AND PAVEMENT MARKINGS SHALL BE PROVIDED AT THE ACCESS DRIVEWAYS, INCLUDING STOP BARS AND STOP SIGNS, TO RESTRICT ACCESS. 2. "NO LEFT TURN" SIGNAGE SHALL BE INSTALLED AT THE NORTHERN ACCESS DRIVEWAY ON DAISY AVENUE TO RESTRICT LEFT -TURN MOVEMENTS OUT OF THE SITE AT THE LOCATION. IN ADDITION, "RIGHT TURN ONLY" LEGEND SHALL BE PROVIDED ON PAVEMENT. [WQMP NOTES 1. THE BMPS, SHOWN ON THE APPROVED SITE PLAN ARE ONLY PRELIMINARY 5 AND WILL BE REVISED OR MODIFIED AS NECESSARY UPON COMPLETION OF THE WQMP. 2. THIS SITE WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION ORDER NO. R8-2009-0030 DISCHARGE REQUIREMENTS (MS4 PERMIT) EASEMENT NOTES ❑ AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED AS BOOK 3405, PAGE 42 OF OFFICIAL RECORDS. EASEMENT AFFECTS SUBJECT PROPERTY AND IS PLOTTED HEREON. ❑ EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, AS GRANTOR, TO INDY CAR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS GRANTEE, RECORDED MAY 21, 2013 AS INSTRUMENT NO, 2013000307551 OF OFFICIAL RECORDS. EASEMENT AFFECTS SUBJECT PROPERTY IS UNPLOTTABLE OF RECORD DESCRIPTION. LEGEND =>ACCESSIBLE ROUTE (N) ASPHALT PAVEMENT 4 (N) CONCRETE PAVEMENT W (N) LANDSCAPE AREA PROPERTY LINE/RIGHT-OF-WAY ELEvEn fledlergroup l�rxf�ln & F.rrllfn��rrfrr7� 299 N. Euclid Ave., Ste 550 Pasadena, CA 91 101 (213) 381-7891 fiedlergroup-corn Know what's b@IOW. Call before you dig. aI . CALL AT LEAST TWO DAYS BEFORE YOU DIG www.call8ll.com NO. DATE REVISION DESCRIPTION CONFIDENTIALITY STATEMENT: THIS DOCUMENT AND THE INFORMATION HEREIN RELATING TO FIEDLER GROUP AND ITS CLIENT HAS BEEN FURNISHED IN CONFIDENCE FOR THE PRIVATE USE OF AUTHORIZED PERSONNEL. NO PART HEREOF SHALL BE COPIED, DUPLICATED, DISTRIBUTED, DISCLOSED OR MADE AVAILABLE TO OTHERS OR USED TO ANY EXTENT EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY FIEDLER GROUP. ANY PERSON, FIRM OR CORPORATION RECEIVING THIS DOCUMENT, SHALL BE HELD TO THE FOREGOING RESTRICTIONS. DEVELOPMENT INFORMATION: 7-ELEVEN NEW C-STORE & NEW 2 M.P.D. CANOPY SITE ADDRESS: 1904 W. 1 ST STREET @ S. DAISY AVENUE SANTA ANA, CA 92703 #1040693/38278 DESIGNED BY: FG PM: PDM JB CHECKED BY: MEP PM: POF DRAWN BY: CONSULTANT PM: PDM - DATE: PROJECT NO.: 05/21 /2019 16062 DRAWING TITLE: SITE PLAN SHEET NO.: C2mO 1-64 EXHIBIT 8 1-65 J H LAYOUT INFORMATION � GENERAL ZO m • ROLLER GRILLS 2 BACKROOM DEVIATIONS • SANDWICH CASE WALL • OVERHEAD SHELVING 14' • XXXXX ; W • VAULT DOORS 11 • FLOOR SHELVING 32' W W • LOW TEMP DOORS 1 p of F— • ICE MERCH DOORS 1 BUILDING Q W Z • NOVELTY CASE Y • TOTAL SQ FT 2,480 W W • BAKERY CASE Y • SALES FLOOR SQ FT 1,520 H J W • SLURPEE BARRELS 6 • BACKROOM SQ FT 303 p J • FUELING N • OCCUPANCY LOAD 52 H • BEER N • TRAVEL DISTANCE 60'-2" 0� Z • WINE N • RESTROOMS REQ'D 02 p W • LIQUOR N • EXITS REQ'D 02 00 00 MERCHANDISE co cfl • GONDOLA UNITS 26 p • END CAPS 06 o • HIGHWALLS 01 • LOWWALLS 05 •• TOTAL 38 ELECTRICAL 107 WALL LEGEND ------_ NEW STUD WALL NEW COOLER WALL cM / NEW SIPS WALL EXISTING WALL \ / Lo 1117771 NEW CMU WALL co jW coQ Z U \ V DISCLAIMER Z Z ICE \ THIS FLOOR PLAN HAS BEEN PREPARED WITH THE ASSUMPTION THAT ALL REFRIGERATED EQUIPMENT IS REMOTE -COOLED U \ PER 7-ELEVEN PROTO. THE AOR "ARCHITECT OF RECORD" / FOR "ENGINEER OF RECORD" IS RESPONSIBLE FOR NOTIFYING ^ > (y) W 109 THE CONCEPT PLAN COMPANY (CORE STATES GROUP) IF REFRIGERATION DESIGN WILL BE NON-PROTYPICAL SO THAT z — (:3) W Z O FLOOR PLAN MAY BE REVISED ACCORDINGLY. LLJ p Cfl IY Z aQ co< ILL LLI cl� D U) Q 0 LLJ COOLER ss Ll.l W O It 0- VAULT �� ��V Go - o rn 110 FREEZER M Lill Xp C, Fisp 05 CHILI/ / \ Q G�� CHEESE / \ ° st� < / \ Ln > rn c \V / �6 K z 6 / rn Lill / / Q-°o BACKROOM � OMEN'S �, 0 104 E C� \ / 1 6 co a cn POS O� v 0 L FRITO END SALES G <\ \ \ -1 7 0 00 m m — — \ MERCHANDISE CAP VENDOR 102 \ > CO2 o \ / Q SUPPLIED ` \ / N 1 ®1 0 �- ,�., 101 ° / Coe v / � z T I SWITCHGEAR M ® A — U Oy MEN S J 'ITTERIOR T_ Q O m — �® 00F RCCESS p 105 ATM ❑ \ - Z FIFW Y — — — — o 0° U Q < _ oeo oeo ° co 0 OFFICE w — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Z 8 Z 103 Zoo 0 LU o � OaLLw� Ow�wx~w ¢80N<dowwa�>ir gaO-0r�} 00�mxw=LLD_j <Z macn z aW��Omm=xaWJwo 78'-4" WQw wig U¢>- W J N LL W� a HaOmcn F F LL Z O x p a Z�� Z O m F 007 VIK� WF���W �Vl a~ Z W d F a w W>Jr ag J w W K �Owg.Z awo Z � cow, co mao} OFwo Z W �0 Uafz:wz aUZmw of-KmOz�000 - WmwF O WOWO�aXmOWx U UO�� O xF SHEET: Al 1-66 EXHIBIT 9 1-67 T.O.ROOF _ 26' -- 4" 2 0' - 4" APET _ 204" 20 GA. PREFINISHED METAL PARAPET CAP - DARK BRONZE ACM-1 PRE -FINISHED METAL CANOPY IN DF nv on�ni�� BY MAF LINEAR L UNE STUCCO STUCCO T.O. FINISH FLOOR oll O.PARAPET 20' - 4" NORTHWEST ELEVATION SCALE: 1 /4"=1'-0" EM SHUT-OFF FOR FUEL DISPS MTD (a� 48" AFF TILE TmELEVEn P-1 WALL PACK (TYP.) METAL TRELLIS (TYP.) J F- U ~ O U) m U) W o of w F- W Z Q W w N ~ J J Z 0 W oc) 00 co cfl CD N M O ti 00 z N} ° Lu U Li Z 9� (3) LLJ < Z Z � �U J . > (o F- W S-1 STONE lY z O SPANDRELSTOREFRONT \LLI EMERGENCY PANELS / 0 co < EGRESS LIGHT J 0 U) Q X Lu uj w `� oo o 0 v a' U) Q ' O !� O O 04 I I I I I I I I I I - - - - - - - - - - - - - - - - - - - - - - - - L - - - - - - - - - - - - - - - - - - - - - -L - - - - - - - - WEST ELEVATION SCALE: 1 /4"=1'-0" T.O. PARAPET NV 18'-4" m I I I I I I I I I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — T.O. PARAPET 18'-4" WALL PACK TYP. EMERGENCY EGRESS LIGHT WALL PACK TYP. T.O.PARE4 20' - 4" COLOR AND MATERIAL SAMPLE BOARD AC 1M PREFINISHED METAL DARK BRONZE SW 7 532 Urban Putty ITrteTicr! Exterior Localu Number: 285-C3 P-1 SHERWIN WILLIAMS URBAN PUTTY - SW 7532 S VV 63 64 Eggvvhite IgIcTlar f Exterior LOCatar Number 7-54-(72 P-2 SHERWIN WILLIAMS EGGWHITE 63664 EXTERIOR MATERIALS SCHEDULE MATERIAL MANUF: COLOR ACM - 1 PRE -FINISHED METAL BRONZE MR-1 MEMBRANE ROOFING DUROLAST-WHITE STONE WEATHERED EDGE STONE CORONADO STONE-FOXHILL BLEND P-1 PAINTED STUCCO SHERWIN WILLIAMS - URBAN PUTTY SW 7532 P-2 PAINTED STUCCO SHERWIN WILLIAMS - EGGWHITE SW6364 P-3 EXTERIOR HM DOORS, FRAMES, GRAVEL GUARDS, AND LIGHT POLES SHERWIN WILLIAMS - SEALSKIN SW7675 S-1 ALUMINUM STOREFRONT GLAZING KAWNEER-451T VG TILE CLAYLITE ROOF TILE JS TILE - TERRACOTTA TILE US TILE - CLAYLITE TFRRACOTTA h NE Weathered Edge - Foxhill Blend STONE CONONADO STONE WEATHERED EDGE - FOXHILL BLEND El 0 d ruul CD Ln Ln yr o rn t3 < tj L} LL Z O, fu v � 1•� E O co a h 0 M cn v [V � 0 0 m m W'r- __') � O o CV N z ti co co Q o } } m m � Z W Y m Q H Q W o � 0Lu � U z co Z O ZPQ m =w wD=o OaLLw-, OWFQx ¢pON¢oOWwa�>� g�O�xwrOnl} 00�=LLxJ~OQ>mQv� z zww�W�00=Fa�'Wo w-Jx¢�~g�¢o��¢~ w FWzO=oQz>POO� oOW,0(ow0wwWov O ¢~LLxaF-,w= zw�¢> g>xow�m(7 z'wQz2w¢XwaOwz LL F mwU)Ofw=1 �}OFwCO7 z V�¢azow Q00Uzmw puz:wO(nzm0aoo wItoaL)nL)ItWO =w°a°owS=F- o F- xOo�E SHEET: A2 SOUTH ELEVATION SCALE: 1 /4"=1'-0" 1-68 P-3 SHERWIN WILLIAMS SEAL SKIN SW 7675 J a U ~ Z m ol 40'-6" O � 20'-0" cn ct) W r Lu TILE TILE 0� Z � 2i LLJ � LLI J J � U � Z 0 W NJ oc) 00 0 r� M ELEVEN C? J r O 2--0",2'-0" 2'-0" 2'-0" A � C B D c4 c4 M U) G 7-ELEVBf G MEW — — C)O ti 0 a0 ti Q w N� > 0 o U °M° o ui El El ui ©� MwQ Cfl�Q O Ll LJJ C F F > OU)a Q c Ill-�F U J > ��< W Ll.l u- NORTHWEST ELEVATION 2 SOUTHWEST ELEVATION�C - SCALE: 1/4" = 1-0' 1 w UO SCALE: 1 /4" = 1-0' < o o 0 O O PD 20'-0" ol 40'-6" 0 Ln un m TILE TILE o � 4 Q' U u 3 W C C N Z ro � ro NJ r 0 ELEYEII LI C�dC�J[�WI 7W W p 2'- ' 2'-0" 2'-0" 2'-0" � o a C D A Cco ^o B B, v ;74v o co o G TELEVEt 7�VBr � Z U } a o m 00 o z w Y 00 = ® 00 = 00 a H a w 0 c) 0 U 66 6� W U F F Z x W W Oz Q W H o-oWom �wzof Z O 0 W �_ W H N H gQQU�2�w�ON_}2" JFKZ�[OQ(n Z OW O m m= 0 Q w J W w? U Q - =O W F 2 Z 0 2 p Q Z> O Z SOUTHEAST ELEVATION 4 NORTHEAST ELEVATION ' �Q���oW����Wow } Q O Z W a~¢ W W J H W W O ZzwaOU�za�wOOWz 3 - - SCALE: 1 /4" = 1-0' J W Z-W' d W- J Qx- W J F, J a Q Q W} 00 Q I w m' W o H (� QHW(.7 SCALE: 1 /4" = 1-0' 0 O QO Z== Z O 0, F 0 W W m X � �wZ--QWOJ�wQ�QWOW Lu -= x - O 2 W J Q W OEL O W 2 U H=UWdU EOW[Z0=H FINISH SCHEDULE 0: A TRI-STIPE GRAPHICS - ORANGE (3M 3630-44), RED (3M 3630-33) & GREEN (3M 3630-26) B ILLUMINATED LOGO SIGN - W9 (03130855) S/F INTERNALLY ILLUMINATED WALL SIGN CABINET C CANOPY FASCIA - SHERWIN WILLIAMS DECK WHITE (SW7006) D CANOPY COLUMN - SHERWIN WILLIAMS SEAL SKIN (SW7675) E STUCCO - SHALE BROWN F FUEL ISLAND CURB - SHERWIN WILLIAMS SEAL SKIN (SW7675) SHEET: G BOLLARD - SHERWIN WILLIAMS SEAL SKIN (SW7675) A3 This page left blank intentionally. 1-70 EXHIBIT 10 1-71 WEST 1ST STREET Lnl V LJ V \Jnl L. 1 Lnl V W E 10' 0 10, 20' 30' —7r ==EIIIIIIII1 S GRAPHIC SCALE: 1" = 10' PLANTING LEGEND Symbol Botanical Name/Common Name Quantity Size WUCOLS Remarks TREES • Tristania conferta / Brisbane Box 5 36" Box M G SHRUBS Dodonaea viscosa 'Purpurea' / 35 5g L ® Purple hopseed bush @ 36 o.c. Leptospermum scoparium / New Zealand 3 15g M Tea Tree @ 36" o.c. OLeymus condensatus 'Canyon Prince' / 204 1 g L O Canyon rye grass @ 30" o.c. Phlomis fruticosa / Jerusalem Sage 77 5g L @ 36 o.c. VINES N Trachelospermum jasminoides / Star jasmine 12 15g M GROUND COVER Nandina domestica 'Nana Purpurea' / 66 1 g M Dwarf heavenly bamboo 262 sf @ 24" o.c. GENERAL PLANTING NOTES 1. THE CONTRACTOR SHALL MAINTAIN A QUALIFIED SUPERVISOR ON THE SITE AT ALL TIMES DURING CONSTRUCTION THROUGH COMPLETION OF PICK-UP WORK. 2. THE CONTRACTOR SHALL VERIFY ALL PLANT MATERIAL QUANTITIES PRIOR TO INSTALLATION. PLANT MATERIAL QUANTITIES LISTED FOR CONVENIENCE OF CONTRACTOR. ACTUAL NUMBER OF SYMBOLS SHALL HAVE PRIORITY OVER QUANTITY DESIGNATED. EV ELEVEn fiedlergroup Design X Engineering 299 N. Euclid Ave., Ste 550 Pasadena, CA 91 101 (213) 381-7891 fiedlergroup.com 88 Know what's below. ' 1 Call before you dig. CALL AT LEAST TWO DAYS BEFORE YOU DIG www.call8ll.com 3. THE CONTRACTOR SHALL FURNISH AND PAY FOR ALL CONTAINER GROWN TREES, SHRUBS AND VINES, INCLUDING SEEDED AND SODDED TURF, HYDROMULCHES AND FLATTED GROUNDCOVERS. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE AND PAY FOR: PLANTING OF ALL PLANT MATERIALS; THE SPECIFIED GUARANTEE OF ALL PLANT MATERIALS; THE STAKING AND GUYING OF TREES AND THE CONTINUOUS W PROTECTION OF ALL PLANT MATERIALS UPON THEIR ARRIVAL AT THE SITE. NO. DATE REVISION DESCRIPTION D 4. ALL PLANT MATERIAL SHALL BE SUBJECT TO APPROVAL BY THE LANDSCAPE ARCHITECT AND OWNER PRIOR Z TO INSTALLATION. W 5. ALL BOXED TREES IN PAVING SHALL BE SELECTED AND SPOTTED BY THE LANDSCAPE ARCHITECT OR > OWNER'S REPRESENTATIVE IN CONJUNCTION WITH PAVING CONTRACTOR AND GENERAL CONTRACTOR. GENERAL CONTRACTOR TO ASSUME ALL LIABILITY FOR ACCURATE PLACEMENT OF TREES. ` 6. ALL VINE RUNNERS SHALL BE INSTALLED WITH THE NURSERY STAKES REMOVED AND VINE RUNNERS SHALL r BE ESPALIERED TO THE ADJACENT WALL OR FENCE. 7. ALL SOIL PREPARATION SHALL BE INSTALLED AS PER THE SOIL AGRONOMY REPORT TO BE PROVIDED AND PAID FOR BY THE SUBCONTRACTOR. THE REPORT SHALL BE IMMEDIATELY FORWARDED TO THE LANDSCAPE Q ARCHITECT UPON COMPLETION. 8. THE SOIL AMENDMENTS SPECIFIED ARE FOR BIDDING PURPOSES ONLY. THE CONTRACTOR SHALL PROVIDE FOR A SOILS AGRONOMY REPORT FROM WALLACE SOILS LABORATORY (310) 615-0116 AND/OR ANY ADDITIONAL SPECIFICATION PROVIDED BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF PLANT �pNDSCAPF q �Paul A. Lewis y� No.3620 J —' MATERIALS. O 9. FOR BIDDING AREA TO BE LANDSCAPED, THE FOLLOWING AMENDMENTS SHALL BE USED UNTIL CONTRACTOR IS PROVIDED WITH SOILS AGRONOMY REPORT. AMENDMENTS SHALL BE UNIFORMLY BROADCAST AND THOROUGHLY INCORPORATED BY MEANS OF A ROTOTILLER OR EQUAL. AMOUNT PER 1,000 SQUARE FEET 4 CU. YDS. NITROGEN STABILIZED ORGANIC AMENDMENT DERIVED FROM REDWOOD SAWDUST, FIR SAWDUST OR CEDAR SAWDUST. 15 LBS. SOIL SULFUR 15 LBS. 12-12-12 FERTILIZER 10. INSTALL 2" (TWO INCHES) SHREDDED BARK MULCH OVER ALL SHRUB AREAS. - CONTRACTOR TO SUBMIT 1/2 CU. FT BAG AS SAMPLE FOR APPROVAL PRIOR TO INSTALLATION. 11. THE PLANTING PITS FOR BOXED TREES SHALL BE EXCAVATED TWICE THE DIAMETER OF THE ROOTBALL WITH A MAXIMUM OF THE HEIGHT OF THE ROOTBALL TO THE BOTTOM OF THE PLANTING PIT. DO NOT OVER EXCAVATE!!! THE BACKFILL MIX FOR USE AROUND THE ROOTBALL OF ALL TREES AND SHRUBS SHALL CONSIST OF THE FOLLOWING FORMULA: 6 PARTS ON -SITE SOIL 4 PARTS BY VOLUME ORGANIC AMENDMENT PER ABOVE SOIL PREPARATION 1 LB./CU.YD. OF MIX 12-12-12 COMMERCIAL FERTILIZER 2 LBS./CU. YD. OF MIX IRON SULFATE 10 LBS./CU. YD. OF MIX AGRICULTURAL GYPSUM 12. THIRTY (30) DAYS AFTER INSTALLATION ALL LANDSCAPE SHALL BE FERTILIZED WITH BEST FERTILIZER COMPANY 16-6-8 OR APPROVED EQUAL, APPLIED AT THE RATE OF SIX POUNDS (6 LBS.) PER 1,000 SQUARE FEET OR PER SOIL AGRONOMY REPORT. FERTILIZER APPLICATION SHALL BE CONTINUED THEREAFTER AT MONTHLY INTERVALS. 13. FOR ALL STAKED TREES, SEE DETAIL 1, SHEET L1.1. 14. FOR ALL SHRUBS, SEE DETAIL 2, SHEET L1.1. 15. FERTILIZER TABLETS SHALL BE AGRIFORM, 21 GRAM TABLETS (20-10-5) IN QUANTITIES AS FOLLOWS: 1 GALLON SHRUBS 5 GALLON SHRUBS 15 GALLON SHRUBS BOXED TREES 1 3 5 1 PER 4" OF BOX SIZE PLACE TABLETS AT HALF THE DEPTH OF THE ROOTBALL. 16. ALL EXISTING LANDSCAPE AREAS DISTURBED DURING THE CONSTRUCTION PROCESS WILL BE RECONDITIONED TO THEIR ORIGINAL STATE AT NO ADDITIONAL COST TO THE OWNER. 17. INSTALL 24" DEEP ROOT BARRIER ON ALL TREES WITHIN 4 FEET OF PAVING. GREEN BUILDING COMPLIANCE I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATER EFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETE LANDSCAPE DOCUMENTATION PACKAGE. PAUL LEWIS, LANDSCAPE ARCHITECT DATE L A N D S C A P E ARCH ITEC TURE COURTLAND STUDIO, LLC 505 E Colorado Blvd. Mezz C Pasadena CA 91101 P: 818-788-9382 F: 818-788-3217 Licensed Landscape Architect #3620 Renewal Date 2/28/19 date -21 sTgTF °FP CA���\P CONFIDENTIALITY STATEMENT: THIS DOCUMENT AND THE INFORMATION HEREIN RELATING TO FIEDLER GROUP AND ITS CLIENT HAS BEEN FURNISHED IN CONFIDENCE FOR THE PRIVATE USE OF AUTHORIZED PERSONNEL. NO PART HEREOF SHALL BE COPIED, DUPLICATED, DISTRIBUTED, DISCLOSED OR MADE AVAILABLE TO OTHERS OR USED TO ANY EXTENT EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY FIEDLER GROUP. ANY PERSON, FIRM OR CORPORATION RECEIVING THIS DOCUMENT, SHALL BE HELD TO THE FOREGOING RESTRICTIONS. DEVELOPMENT INFORMATION: 7-ELEVEN NEW C-STORE & NEW 2 M.P.D. CANOPY 1904 W. 1 ST STREET @ S. DAISY AVENUE SANTA ANA, CA 92703 #1040693/38278 DESIGNED BY: FG PM: MB CHECKED BY: MEP PM: PL DRAWN BY: CONSULTANT PM: MC/AS DATE: PROJECT NO.: 05/21 /2019 16062 DRAWING TITLE: LANDSCAPE PLAN SHEET NO.: Ll m0 EXHIBIT 11 1-73 Monument Sign Visibility Diagram — Exhibit B-1— 1904 West First Street -_Variance Application Two Monument Signs (one on each street frontage for safe visibility per the BPC code requirements) LEGEND: — Proposed Sign location (compliant with State law BPC 13531[a) for visibility) tl� Vehicles driving cn the roadway who can safely see the signs as they approach the site S1Iti71t", UA'$Li L-I '. ^t 4 .K 0 1-74 Monument Sign Visibility Diagram — Exhibit B-1-1904 West First Street — Variance Application Single Monument Sign at Corner (as allowed per code) r, x- �a- 111166 f.11i 1 LEGEND: / Proposed Corner Sign (per Santa Ana Code restriction of one monument sign) Vehicles driving on the roadway who cannot safely seethe signs as they approach the site Vehicles driving on the roadway who can safely seethe signs as they approach the site 1-75 This page left blank intentionally. 1-76 EXHIBIT 12 1-77 fi�[II��pn�ijs.pnm fiedlergroup Design & Engineering PROJECT = 1904 W First Street, Santa Ana, CA Public Meetings Recap: Two public meetings were conducted at the local elementary school auditorium. There were 6-9 people at each meeting (as shown on the sign -in sheets) plus the project planner Mr. Jerry Guevara and the project proponents (Ms. Lorena Muniz attended the first meeting), Ms. Michelle Moore (attended the second meeting), Ms. Sherrie Olson and Mr. Ben Steckler). The meetings were informal with Mr. Steckler and Ms. Olson giving brief summaries of the project and displaying the project plans that had been submitted to the City plus handing out reduced color versions of the plans to the attendees, followed by a questions/comment period which included responses to each of the questions/comments received. Unfortunately, no meeting minutes were taken. The public attendees at the meetings included people both in support and in opposition to the project. The supporters were more silent and came to the project proponents after the meeting to provide their support (due to concerns they had about one of the people in opposition). The initial concern raised by the opponents was about the sale of beer and wine, to which the proponents indicated that this location was not going to sell beer and wine. This ensued in a long discussion about the beer and wine concerns, and the proponents indicated that the City code in Santa Ana would not allow for it at this location, and this appeased the concerns of the public attendees. Then the opponents indicated they had enough 7-Elevens in Santa Ana already, and did not need another. The proponents responded indicating that the site would be a brand new layout offering what we believed to be as safe and secure development as possible via on -site lighting and security cameras/surveillance as well as the layout of the site being supportive of Crime Prevention Through Environmental Design (CPTED) standards, with the structure in the rear, and the open areas to the public facing First Street and/or the intersection area of Daisy Ave. so that any police driving by could see into the site and the store. The opposition also indicated that the neighborhood was high -crime (one of them even recanted a story about someone in a gang nearby doing drugs off the hood of his car), and they were concerned about the possibility of people hanging out around the project site causing issues in the neighborhood. The proponents responded indicating again that the site was designed to prevent as much as possible any crimes being committed on the site and that the employees would have access to emergency call buttons for help in case anything did occur, besides describing the CPTED design and the on -site lighting and security measures (cameras and video surveillance). The opponents asked about the lighting, if it would glare into the nearby homes, and the proponents indicated that the lighting would be in compliance with current codes requiring safe on -site lighting that is directed down toward the site itself, in order to provide as safe and secure of an environment as possible via the new site design and improvements, while meeting the code standards which are in place specifically for the 299 N. Euclid Ave., Ste ,550 • PA&VA—Agaoi • Phone (213) 381-7891 1904 W First Street, Santa Ana, CA May 2, 2019 general health and well-being of the community. The public attendees also raised concerns that the development would bring more homeless to the area. The proponents responded that the store layout would not allow them to hide or camp anywhere and that the employees would not allow them to loiter in front of the store. The proponents also indicated that the existing site has had to be cleaned up from the current homeless and other nefarious characters who are using the site due to the lack of any public presence at the abandoned restaurant, indicating that the proposed new development would h strongly discourage any homeless or other nefarious activity at the site by providing 24 hour operation that has security cameras that will record the activity onsite and help to deter not only problem activity at the site, but also in the immediate vicinity. Various City police departments have used security footage from the surveillance systems to apprehend people who have committed crimes at other locations and were fleeing along adjacent streets but were caught on the security cameras and identified for apprehension. The proponents truly believe that the proposed development will be a safe and secure "good neighbor" in the community. In addition to the two meetings, the proponents had reached out directly to the community and received signatures in support of the project from numerous residents within the community. The support signatures have been provided to the project planner, Mr. Jerry Guevara for inclusion in the project file. fiedlergroup © 2019 2 Of 2 I:\projects\16062\Project Management\200 Permit Tracking\Entitlements\ZC-CUP-VAR\16062-2019-05-02-Public Meeting Recap.doc 1-79 7-11 NOTICE OF PUBLIC MEETING SIGN —IN SHEET TUESDAY, DECEMBER 12, 2017 6PM -SPM 1904 W 1st STREET, SANTA ANA, CA 92703 NAME ADDRESS PHONE# F 3 . i�` a y Cam, ' ��� >ZC; S. 9. 10. 11. 12. 13. 14. 11� �. H v N_oclt CiA 2— G1 �sl 1-80 7-11 NOTICE OF PUBLIC MEETING SIGN —IN SHEET THURSDAY, FEBRUARY 8, 2018 6PM -8PM 1904 W 1st STREET, SANTA ANA, CA 92703 NAME ADDRESS PHONE# 41 5. NN3-M 7. 8. 9. 10. 11. 12. 13. 14. 1-81 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange } I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 5, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 5, 2017 1 Signature The Orange County Register 2190 S. Towne Centre Place Anaheim, CA 92806 (714) 796-2209 PROOF OF PUBLICATION 7-Eleven Cordialty invites YOU to a Cantu ODRY Information meeting "Note -Change of meeting dote"*'*"` Applicant: 7-ELZVEN INC. Project Request: Request to allow a proposed new upscale 24 hour 7-Eleven Market with Gas Station. Condjtionol Usu permit with Zone change. Property Address: 1904 w 1st STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE: Monte Vista Elementary 2116 W Morita Vista, Santa Arta, CA 92703 DATE: TUESDAY, DECEMBER12,2017 TIME: 6:60PM -8PM it you have questions regarding this event or you require language interpretation services in languages other than English, Please contact Sherrie A#son 949-467-1 B80 or sherrieolson2@gmai I.com Publish: orangeCoun-d Regls'er Decamb�er5, 2017 1104931P. 1-82 FIRST 1 J_j n © •Q.....a.. - -- - srRe..r CHESNUT AVENGE If� r : ily jteyou information t � community 0 * * * `late - h2n, ge of meefing date******* Applicant. 7-FILEVEN MCI Project Request: Request to allow a proposed new upscale 24 hour 7- lnven Markel: with Gas Station. Conditional Use permit with Zone change. Property address: 1904 W I" STREET., SANTA ANA, CA 92703 7-EleveD will conduct 2. public meeting concerning the above request You are invited tg n_,tteynd and provide comments "'LACE- Mon e gistp Eq'em- entary 2116 W Monts Visaing Santa Ann, ICA 92703 DATE: TUES AY, DECEM ER 12, 20 , 7 TIME: 6 o OOPM -8 M If you have quest.aons reg2rding this eveni or you r egiun e 1an-aguage i-oteg°pretation services in languages other than Engli&h, please coast.Ret Sherrie Olson 909-457- 9'00 or sherrieolson2(cDe gmaiLcom. 1-83 '8 AI@�6;E" O;e a i ,5�� 3 pq . a 1E) ZEST .--. --} \ Q UM-i cP66n deb proyeeto p:�opuesto > L._W_. �. c4Esr+u AVEHUE N gonw card' # ante a am"50-IT a Una Faun, Ban de m� In f e' _ o dad Soficitante: 7-ELEVEN FNC. Soficitud dy proyeetoa Solicitud de una nueva propuesta de una escala de 7-Eleven rnercado abierto las 24 horas con is gasolinera. Penniso de use condi.cional con canlbio de zona. de N propiedad: 1904ITVT SST. S � RED ., ANT1 NI , 92703 7-Eleven Heva - a ca o unaa reunMn p6ibH i siob e est-2 sofici u'd. Les invltamo� a asistir y prroporciona 2116 W Monta Vista, Santa- Ana, CA 92 7Q3 DATE TI EC A: Mnr° es, 12 de 6-14cierma byre de 20117 TIME: Si usted time preguntas acerca de este evento o que requieren servicios de interpretacl& de idlomas en ichomas distxntos del ingies, por favor, p6ngase en contacto con: S`herrie 01:-,on 909-467-1880 or sherrieolscn2�gmailocoln O MZIT Fj 1-84 i now ELEVEn ts. Proposed Project locator > I =Elfui 7-Eleven Cordially invites you to a commimunity information meeting 'Note — Change of meeting date******* App9icaate 7-ELEVEN INC. Project Request: Request to allow a proposed new upscale 24 hour 7- Eleven Market with Gas Station. Conditional Use permit with Zone change. Property Address: 1904 W I5" STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. LACE: 2116 onta Vista., Santa Ann, CA 92 7O3' DATE: THURSDAY, FEBRI)ARY 8, 2OI8 TIME: 6:OOPM -8PM If you have € uestions regarding this event or you re quire la nounge interpretation services in languages other than English, please contact Sherrie Olson 909-467-18 ,0 or sherrieolson2(�bgmai.l.com 1-85 MP LIELEVIEPA&* i Ubicacion del proyecto propuesto > FIRS i n J xij � Gi 7-Eleven le invita cordialmente a asistir a una reunion de informado'n de !a c®munidad *** ®bservese el cambio de fecha de reunion *** Solicitante: 7-ELEVEN INC. Solicitud de proyeeto: Solicitud de una nueva propuesta de una escala de 7-Eleven mercado abierto las 24 horas con la gasolinera. Permiso de use conditional con cambio de zona. de la propiedad: 1904 W 1 sT. STREET., SANTA ANA, CA 92703 7-Eleven llevari a Cabo una reunion publica sobre esta solicitud. Les invitamos a asistir y proporcionar cornentario. PLACE: LUGAR: Monte Vista Elementary 2116 ATV Monta Vista, Santa Ana, CA 92703 I)ATE /IFECHA: Jueves, 8 de febrero de 2018 TIME: 6:00 PM - SPM Si usted tiene preguntas acerca de este evento o clue reauieren servicios de interpretation de idiomas en idiomas distintos del ingles, por favor, pongase en contacto con: I . f ;- ,= _T a?jcles�e',a; �t SME-q 1-86 This page left blank intentionally. 1-87 This page left blank intentionally. EXHIBIT 13 1-89 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: httr)s://www. sa nta-ana.ora/7-eleven-conven ience-store-aas-station-1904-w-first-street Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 7-Eleven at 1904 West First Street MITIGATED NEGATIVE DECLARATION LINK 1-90 EXHIBIT 14 1-91 GAM ELENO SAND Or M155ION INDIAN5- KIZ-11 NATION Historically known as The `3an Gabriel F)and of Mission Inclians recognized 6y the `state of California as the aboriginal tribe of the Los Angeles basin Notice of Intent to Adopt An Initial Study/ Mitigated Negative Declaration May 10, 2019 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Good Morning Jerry C. Guevara, We have received your Notice of Intent to adopt a Negative Declaration for the 7-Eleven Convenience Store and Service Station Project in the location of Orange County. Our Tribal Government would like to be consulted if any ground disturbance will be conducted for this project. Sincerely, Gabrieleno Band of Mission Indians/Kizh Nation (1844) 390-0787 Office Andrew Salas, Chairman Albert Perez, treasurer I PO gox 5�5 Covina, CA o i 723 Nadine Salas, Vice -Chairman Martha Gonzalez Lemos, treasurer II www..,ga6ricienoindians0gakoo.com Dr. Christina Swindall Martinez, secretary Richard Gradias, Chairman of the council of Elders gakrielenoindians0yakoo.com 1-92 South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 . (909) 396-2000 • www.agmd.gov SENT VIA E-MAIL AND USPS: JGuevara@santa-ana.org Jerry C. Guevara, Assistant Planner I City of Santa Ana, Planning Division 20 Civic Center Plaza (P.O. Box 1988) Santa Ana, CA 92701 Mitigated Negative Declaration (MND) for the Proposed 7-Eleven Convenience Store and Service Station May 14, 2019 South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final MND. South Coast AQMD Staff s Summary of Project Description The Lead Agency proposes to demolish a 1,610-square-foot restaurant, and construct a 2,480-square-foot convenience store, an 810-square-foot gasoline service canopy with two pumps, and two 20,000-gallon underground storage tanks on 0.15 acres (Proposed Project). Construction of the Proposed Project is expected to begin in October 2019 and last seven months'. Responsible Agency, Air Permit, and Compliance with South Coast AQMD Rules Since the Proposed Project includes the operation of a gasoline service station with two pumps and installation of underground storage tanks, a permit from South Coast AQMD will be required, and South Coast AQMD should be identified as a Responsible Agency for the Proposed Project in the Final MND. Should there be any questions on permits, please contact South Coast AQMD's Engineering and Permitting staff at (909) 396-3385. For more general information on permits, please visit South Coast AQMD's webpage at: http://www.agmd.gov/home/permits. The Final MND should also include discussions to demonstrate compliance with applicable South Coast AQMD Rules, including, but not limited to, Rule 201 — Permit to Construct, Rule 203 — Permit to Operate 3, Rule 461 — Gasoline Transfer and Dispensing, Rule 1170 — Methanol Compatible Fuel Storage and Transfers, and Rule 1401 — New Source Review of Toxic Air Containments6. It is important to note that assumptions used in the air quality and health risks analyses in the Final MND will be used as the basis for permit conditions and limits. If there is any information in the permitting process suggesting that the Proposed Project would result in significant adverse air quality and/or health risks impacts not discussed in the Final MND or substantially more severe air quality and/or health risks impacts than those discussed in the Final MND, the Lead Agency should commit to reevaluating the Proposed Project's air quality and health risks impacts through a CEQA process (CEQA Guidelines Section 15162). The 2015 revised Office of Environmental Health 1 MND. Page. 26. 2 South Coast AQMD. Rule 201 — Permit to Construct. Accessed at: http://www.agmd.gov/docs/default-source/rule-book/reg- ii/rule-201.pdf s South Coast AQMD. Rule 203 — Permit to Operate. Accessed at: http://www.agmd.gov/docs/default-source/rule-book/reg- ii/rule-203.pdf ' South Coast AQMD. Rule 461 — Gasoline Transfer and Dispensing. Accessed at: http://www.agmd.gov/docs/default- source/rule-book/rule-iv/rule-461.pdf. 5 South Coast AQMD. Rule 1170 — Methanol Compatible Fuel Storage and Transfer. Accessed at: htW://www.aqmd.gov/docs/default-souTce/rule-book/Teg-xi/rule-I 170.pdf 6 South Coast AQMD. Rule 1401 — New Source Review of Toxic Air Contaminants. Accessed at: http://www.agmd. gov/docs/default-source/rule-book/reg-xiv/rule-140l .pdf. 1-93 Jerry C. Guevara May 14, 2019 Hazard Assessment (OEHHA) methodology' is being used by South Coast AQMD for determining operational health impacts for permitting applications and also for all CEQA projects where South Coast AQMD is the Lead Agency. Conclusion Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide South Coast AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful, informative, or useful to decision makers and the public who are interested in the Proposed Project. South Coast AQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at lsunkagmd. og_v, should you have any questions. Sincerely, 1'e#pt Sum Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS ORC 190509-01 Control Number ' Office of Environmental Health Hazard Assessment. "Notice of Adoption of Air Toxics Hot Spots Program Guidance Manual for the Preparation of Health Risk Assessments 2015". Accessed at: https:Hoehha.ca.gov/air/cmr/notice-adoption-air-toxics- hot-spots-pro gram-guidance-manual-preparation-health-risk-0. 1-94 OCTA May 28, 2019 BOARD CF DIRECTORS Trm $haw Chairman Mr. Jerry C. Guevara Slow Jones Vice Chairman City of Santa Ana Planning Division 20 Civic Center Plaza (PO Box 1988) Lisa A. 9ardou Director Santa Ana, CA 92701 Doug Chaffee Director Subject: 7-Eleven Convenience Store and Service Station Mitigated LdUIVNVies Negative Declaration Direcldr Barbara Deigleize Director Dear Mr. Guevara: Andrew do Director Thank you for providing the Orange County Transportation Authority (OCTA) with MichaerkenneSSey direClar the Mitigated Negative Declaration for the 7-Eleven Convenience Store and Cons Hemandez Service Station (Project). The following comments are provided for your Director consideration: Jose F. Moreno o+fflct°r + Please clarify the existing conditions for all Orange County Master Plan of JcaMuffer Arterial Highways (MPAH) facilities within the study area. Director Mark A. Murphy . Raitt Street is planned as a secondary arterial highway (four -lane, Director undivided) on the MPAH, but is currently built as a two-lane facility. Please Director Richard raCt update the Project analysis with an accurate reflection of current and future configurations related to Raitt Street. MiguetPulido Director Michelle Sleet IS/MND, Transportation, Study Area Intersections, on page 102 states Director "Table 15 lists the five key study intersections evaluated in the report in Donald P. Wagner accordance with the scope of work approved by the City of Santa Ana," Director Please clarify why Table 15 shows six key study intersections. Gregory r Winterbottom Director • IS/MND, Transportation, City of Santa Ana LOS and Significance Criteria, Ex-Offieio Member AyanChambe on page 102 states "For signalized intersections that have an existing LOS of F, a project increase of 1 percent of capacity is considered significant." As stated, the City's acceptable level of service is LOS D or better. Are ;HfEFEXECUTIVE OFFICE signalized intersections that have an existing LOS of E, with a project Darre0E.Johnson increase of 1 percent of capacity, also considered significant? Chief Executive Officer + Appendix H, Section 4.3.2 Cumulative Projects Traffic, provides information on future projects in the vicinity of the study area. Please Oral'rWimr Transporration Authority 550 South Main Street / P_0. Box 14184 / Qmnge /Califomia 92863-1584 / (714) 560.00TA (6282) Mr. Guevara May 28, 2019 Page 2 consider the proposed changes in the Santa Ana Circulation Element Update. Throughout the development of this project, we encourage communication with 4CTA on any matters discussed herein. If you have any questions or comments, please contact me at (714) 560-5907 or at d-phu@octa.net. Sincerely, ,d- Dan Phu Manager, Environmental Programs 1-96