Loading...
HomeMy WebLinkAbout1 - EIR17-40; AA19-02; CUP19-12; CAR19-01_1904 W FIRST STREET1-1 1-2 1-3 1-4 1-5 1-6 1-7 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. 1-11 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. I. 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 By:________________________ 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 FirstCarbon Solutions 1 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1: 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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 Confirm pre-construction surveys for special-status bats and nesting birds were conducted. Prior to demolition City of Santa Ana 1-15 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 2 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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 development of the property is to occur during nesting bird season (February 1 through August 31), a qualified biologist 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). Confirm pre-construction surveys for nesting birds were conducted. Prior to construction activities. City of Santa Ana 1-16 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 7. Geology and Soils MM GEO-1: Earthwork Construction • Site preparation shall begin with the removal of existing buildings, pavement, buried slabs and foundations, 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 Review and approval of construction and earthwork plans Prior to issuance of grading permits City of Santa Ana 1-17 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 4 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. 1-18 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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 1-19 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. 1-20 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial • 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. 1-21 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 8 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial MM GEO-2: Conventional Shallow Foundations An allowable bearing pressure of 2,500 psf shall be used for 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 Review and approval of construction plans Prior to grading permits City of Santa Ana 1-22 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 9 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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 • Interior Slabs on Grade: The top 24 inches of material below interior concrete slabs-on-grade shall have an expansion index of 20 or less. The project structural engineer shall 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 Review and approval of construction plans and conduct on-site inspections Prior to and during construction City of Santa Ana 1-23 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 10 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. 1-24 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 11 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. Review and approval of UST Installation Plan Prior to construction activities City of Santa Ana MM GEO-5: Pavement • Asphalt Concrete Pavement: An R-Value of 9 has been 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 Conduct on-site inspections During construction activities City of Santa Ana 1-25 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 12 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. 1-26 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 13 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. Conduct on-site inspections During and after grading City of Santa Ana 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. Review and approval of construction plans Prior to construction activities City of Santa Ana 9. Hazards and Hazardous MaterialsMM HAZ-1: Environmental personnel shall be present on-site when the excavation for the new USTs are completed to establish a baseline at the time of occupancy of the 7-Eleven convenience store. Confirm the presence of an environmental personnel During UST excavation City of Santa Ana, Department of Toxic Substance Control (DTSC) 13. NoiseMM NOI-1: To reduce potential construction noise impacts, the following multi-part mitigation measure shall be implemented for the proposed project: • The construction contractor shall ensure that all equipmentdriven 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 unnecessaryidling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited. Conduct on-site inspections to ensure that the mitigation measures have been implemented. During construction activities City of Santa Ana 1-27 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 14 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial • The construction contractor shall utilize “quiet” models of aircompressors and other stationary noise sources wheretechnology exists.• At all times during project grading and construction, theconstruction contractor shall ensure that stationary noise-generating equipment shall be located as far as practicablefrom sensitive receptors and placed so that emitted noise isdirected away from the nearest residential land uses.• The construction contractor shall designate a noisedisturbance coordinator who would be responsible forresponding to any local complaints about construction noise.The disturbance coordinator would determine the cause ofthe noise complaints (starting too early, bad muffler, etc.)and establishment reasonable measures necessary tocorrect the problem. The construction contractor shall visiblypost a telephone number for the disturbance coordinator atthe construction site.•The construction contractor shall limit construction activitiesto the hours between 7:00 a.m. and 8:00 p.m. Mondaythrough Saturday. Construction activities are prohibited onSundays and federal holidays.17. TransportationMM TRANS-1: Ensure adequate sight distance is provided at each project access location per the City of Santa Ana. Sight distance at all project access points should be reviewed with respect to City of Santa sight distance standards at the time of preparation of final grading, landscape, and street improvement plans. Review and approval of site plans and conduct on-site inspections Prior to grading permits and prior to certificate of occupancy City of Santa Ana 1-28 City of Santa Ana 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 15 Y:\Publications\Client (PN-JN)\0327\03270041\MMRP\03270041 City of Santa Ana 7-Eleven MMRP.docx Table 1 (cont.): 7-Eleven Convenience Store and Service Station Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for Verification Verification of Completion Date Initial 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. 1-29 This page left blank intentionally. 1-30 EXHIBIT 2 1-31 This page left blank intentionally. 1-32 Resolution No. 2019-xx Page 1 of 10 LS 6.10.19 RESOLUTION NO. 2019-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. 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 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 1-33 Resolution No. 2019-xx Page 2 of 10 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 1-34 Resolution No. 2019-xx Page 3 of 10 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 1-35 Resolution No. 2019-xx Page 4 of 10 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. 1-36 Resolution No. 2019-xx Page 5 of 10 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 10th day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-37 Resolution No. 2019-xx Page 6 of 10 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 1-38 Resolution No. 2019-xx Page 7 of 10 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 1-39 Resolution No. 2019-xx Page 8 of 10 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 1-40 Resolution No. 2019-xx Page 9 of 10 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. 1-41 Resolution No. 2019-xx Page 10 of 10 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. 1-42 EXHIBIT 3 1-43 This page left blank intentionally. 1-44 Resolution No. 2019-xx Page 1 of 6 LS 6.10.19 RESOLUTION NO. 2019-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. 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, 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 1-45 Resolution No. 2019-xx Page 2 of 6 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 1-46 Resolution No. 2019-xx Page 3 of 6 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, 1-47 Resolution No. 2019-xx Page 4 of 6 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 10th day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-48 Resolution No. 2019-xx Page 5 of 6 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 1-49 Resolution No. 2019-xx Page 6 of 6 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. 1-50 EXHIBIT 4 1-51 This page left blank intentionally. 1-52 Ordinance No. NS-XXXX Page 1 of 5 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 (C1) 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 (C1) 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. 1-53 Ordinance No. NS-XXXX Page 2 of 5 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. 1-54 Ordinance No. NS-XXXX Page 3 of 5 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. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-55 Ordinance No. NS-XXXX Page 4 of 5 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 1-56 Ordinance No. NS-XXXX Page 5 of 5 Exhibit A 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 © 2019 Digital Map Products. All rights reserved. Zoning 250 feet 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 AIR/WATER /LOADING ONLYRIGHT TURNONLYNEW C-STORE2,480 SFFF = 79.20312D PUNOPARKINGNOPARKINGPDMPOFPDMJB--SITE PLANC2.0SITE NOTESWSNESITE PLAN#0GRAPHIC SCALE: 1" =010'10'20'30'10'30.00'MODIFIED DRWY30.00'30.00' MODIFIED DRWY 4.00' 2 9 . 0 7 ' 1 0 . 0 0 ' 2 0 . 0 0 ' 15.00'40.50'8.50'35.48'(N) CORNER CUT OFF0.210.210.150.151.201.41.81.401.401.401.391.391.341.391.01.11.211.311.13S. DAISY STREET W. 1ST STREET15.00' 2.00' 1 0 . 0 0 ' 2 0 . 0 0 '15.00'12.00'1.30(TYP. OF 9)1.425.00'10.00'5.00'5.5' ±TO P/L55.8' ±5.00'1.16(2)5.00'31.411.36(WALK)TRAFFIC ENGINEERING NOTESTHIS PROJECT SHALL COMPLY WITH THE MITIGATION MEASURES IDENTIFIED INTHE TRAFFIC IMPACT STUDY (TIA). THE FOLLOWING MEASURES SHALL BEIMPLEMENTED PER "1904 WEST FIRST STREET 7-ELEVEN CONVENIENCE MARKETAND 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 ATTHE ACCESS DRIVEWAYS, INCLUDING STOP BARS AND STOP SIGNS, TORESTRICT ACCESS.2. "NO LEFT TURN" SIGNAGE SHALL BE INSTALLED AT THE NORTHERN ACCESSDRIVEWAY ON DAISY AVENUE TO RESTRICT LEFT-TURN MOVEMENTS OUT OFTHE SITE AT THE LOCATION. IN ADDITION, "RIGHT TURN ONLY" LEGEND SHALLBE PROVIDED ON PAVEMENT.1.271.102 2 . 9 9 ' 1 6 . 0 0 ' 2. 0 0 '1.3955.16'55.66' 1 2 . 2 3 ' 11.88'78.37'1.441.441.620.7' ±1.8DRIVEWAY SIGHTTRIANGLE, TYP.WQMP NOTES1. THE BMPS, SHOWN ON THE APPROVED SITE PLAN ARE ONLY PRELIMINARYAND WILL BE REVISED OR MODIFIED AS NECESSARY UPON COMPLETION OFTHE WQMP.2. THIS SITE WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THECALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGIONORDER NO. R8-2009-0030 DISCHARGE REQUIREMENTS (MS4 PERMIT)1.45CONFIDENTIALITY STATEMENT:THIS DOCUMENT AND THE INFORMATION HEREIN RELATINGTO FIEDLER GROUP AND ITS CLIENT HAS BEEN FURNISHED INCONFIDENCE FOR THE PRIVATE USE OF AUTHORIZEDPERSONNEL. NO PART HEREOF SHALL BE COPIED,DUPLICATED, DISTRIBUTED, DISCLOSED OR MADE AVAILABLETO OTHERS OR USED TO ANY EXTENT EXCEPT ASEXPRESSLY AUTHORIZED IN WRITING BY FIEDLER GROUP.ANY PERSON, FIRM OR CORPORATION RECEIVING THISDOCUMENT, SHALL BE HELD TO THE FOREGOINGRESTRICTIONS.DEVELOPMENT INFORMATION:SITE ADDRESS:DESIGNED BY:FG PM:CHECKED BY:MEP PM:DRAWN BY:CONSULTANT PM:DATE:PROJECT NO.:DRAWING TITLE:SHEET NO.:DATENO.REVISION DESCRIPTIONI:\projects\16062\Design\300 Permit & Construction Documents\Civil Design\16062-C2.0 - Horiz Cntl Plan.dwg - PLOTTED: May 21, 2019 - 2:32pm7-ELEVENNEW C-STORE &NEW 2 M.P.D. CANOPY1904 W. 1ST STREET@ S. DAISY AVENUESANTA ANA, CA 92703#1040693/3827805/21/2019 16062-Know what's below.Call before you dig.CALL AT LEAST TWO DAYSBEFORE YOU DIGwww.call811.comEASEMENT NOTESAN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN THEDOCUMENT 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 FROMBANK 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 OFFICIALRECORDS. EASEMENT AFFECTS SUBJECT PROPERTY IS UNPLOTTABLE OFRECORD DESCRIPTION.1.471.471.471.48(TYP.)1.4635ACCESSIBLE ROUTELEGEND9.00'17.00'8.00'ACCESSIBLE RAMP & PARKING STALL DETAIL18.00'0.50'17.00'6.00'5.00'6.00'GRAPHIC SCALE: 1" =010'15'5'5'5'1.31OFFSITE IMPROVEMENTUNDER SEPARATE PERMIT1.391.391.431.361.351.351.351.251.421.39(N) ASPHALT PAVEMENT(N) CONCRETE PAVEMENTPROPERTY LINE/RIGHT-OF-WAY(N) LANDSCAPE AREA1.111.361.361.391.241.131-64 EXHIBIT 8 1-65 LAYOUT INFORMATION GENERAL ·ROLLER GRILLS 2 ·SANDWICH CASE WALL ·VAULT DOORS 11 ·LOW TEMP DOORS 1 ·ICE MERCH DOORS 1 ·NOVELTY CASE Y ·BAKERY CASE Y ·SLURPEE BARRELS 6 ·FUELING N ·BEER N ·WINE N ·LIQUOR N MERCHANDISE ·GONDOLA UNITS 26 ·END CAPS 06 ·HIGHWALLS 01 ·LOWWALLS 05 ··TOTAL 38 BACKROOM ·OVERHEAD SHELVING 14' ·FLOOR SHELVING 32' BUILDING ·TOTAL SQ FT 2,480 ·SALES FLOOR SQ FT 1,520 ·BACKROOM SQ FT 303 ·OCCUPANCY LOAD 52 ·TRAVEL DISTANCE 60'-2" ·RESTROOMS REQ'D 02 ·EXITS REQ'D 02 DEVIATIONS ·XXXXX DISCLAIMER THIS FLOOR PLAN HAS BEEN PREPARED WITH THE ASSUMPTION THAT ALL REFRIGERATED EQUIPMENT IS REMOTE-COOLED PER 7-ELEVEN PROTO. THE AOR "ARCHITECT OF RECORD" / EOR "ENGINEER OF RECORD" IS RESPONSIBLE FOR NOTIFYING THE CONCEPT PLAN COMPANY (CORE STATES GROUP) IF REFRIGERATION DESIGN WILL BE NON-PROTYPICAL SO THAT FLOOR PLAN MAY BE REVISED ACCORDINGLY. WALL LEGEND NEW STUD WALL NEW SIPS WALL NEW CMU WALL EXISTING WALL NEW COOLER WALL OTPSANDWICH55'-2"5 5 ' - 8 "40'-4"4' - 2 "9'12'-3"11'-11"78'-4" MERCHANDISE 101 SALES 102 OFFICE 103 BACKROOM 104WOMEN'S MEN'S 105 ELECTRICAL 107 COOLER VAULT 110 CDC TOTEFRITO END CAP VENDOR SUPPLIEDPMUPMU ROLLER GRILLPOS POS MOM CO2 106 109 FREEZER 108 B I BBIB FEM - CHIPSCHIP RACK 3'CHIP RACK 4'5' - 2 " CO F F E E I S L A N D BEVERAGE BAR3' - 2 " 4' - 7 "3'-2"NACHOSONM/WCHILI/ CHEESE4'-8"4'-6"3'-9"5'-1"3'-9"4'-2"5'-3"3'-9"5'-3" NO V E L T Y ATM 3'-3"3' -7" 4' - 8 "4'-3"4'-7"4'-6"3'-5"ICE 4'-8"INTERIOR ROOF ACCESS LADDER CO2 SWITCHGEAR CONFIDENTIALITY STATEMENT:THIS DOCUMENT AND THE INFORMATIONHEREIN RELATING TO FIEDLER GROUP ITSCLIENT HAS BEEN FURNISHED IN CONFIDENCEFOR THE PRIVATE USE OF AUTHORIZEDPERSONNEL. NO PART HEREOF SHALL BECOPIED, DUPLICATED, DISTRIBUTED,DISCLOSED OR MADE AVAILABLE TO OTHERSOR USED TO ANY EXTENT WHATSOEVEREXCEPT AS EXPRESSLY AUTHORIZED INWRITING BY FIEDLER GROUP. ANY PERSON,FIRM OR CORPORATION RECEIVING THISDOCUMENT, HOWEVER, SHALL BY VIRTUEHEREOF BE DEEMED TO HAVE AGREED TOTHE FOREGOING RESTRICTIONS.SHEET:DATE: 09/17/2018SCALE: AS NOTEDJOB: 16062DRAWN BY:CHECKED BY:7-11 #1040693 / 382781904 W. 1ST STREET @ DAISYSANTA ANA, CA7-ELEVEN, INC.3200 HACKBERRY ROAD, IRVING, TEXAS 75063Rev. #Date Description4/16/18 DRC LETTER REVISIONS09/17/18 ENTITLEMENT RESUBMITTAL A1 PROPOSED FLOOR PLANJBJB1-66 EXHIBIT 9 1-67 T.O.PARAPET 20' - 4" T.O. FINISH FLOOR 0" T.O.ROOF 26' - 4" 20 GA. PREFINISHED METAL PARAPET CAP - DARK BRONZE EM SHUT-OFF FOR FUEL DISPS MTD @ 48" AFF EMERGENCY EGRESS LIGHT STONE P-1 TILE ACM-1 P-1 S-1 WALL PACK (TYP.) LINEAR LED FIXTURE UNDER CANOPY STUCCO STUCCO P-2 PRE-FINISHED METAL CANOPY IN DARK BRONZE BY MAPES CANOPY METAL TRELLIS (TYP.) SPANDREL STOREFRONT PANELS T.O. PARAPET 18' - 4" T.O.PARAPET 20' - 4" WALL PACK TYP. EMERGENCY EGRESS LIGHT T.O. PARAPET 18' - 4" T.O.PARAPET 20' - 4" WALL PACK TYP. PREFINISHED METAL DARK BRONZE SHERWIN WILLIAMS URBAN PUTTY - SW 7532 STONE ACM - 1 COLOR AND MATERIAL SAMPLE BOARD P-3 EXTERIOR HM DOORS, FRAMES, GRAVEL GUARDS, AND LIGHT POLES CONONADO STONE WEATHERED EDGE - FOXHILL BLEND P-1 ACM-1 P-3 SHERWIN WILLIAMS SEAL SKIN SW 7675 EXTERIOR MATERIALS SCHEDULE STONE US TILE - CLAYLITE TERRACOTTA TILE P-2 P-1 SHERWIN WILLIAMS EGGWHITE 63664 P-2 MEMBRANE ROOFING WEATHERED EDGE STONE DARK BRONZE MANUF.-COLORMATERIAL PAINTED STUCCO SHERWIN WILLIAMS - SEALSKIN SW7675 PRE-FINISHED METAL MR - 1 DUROLAST - WHITE PAINTED STUCCO CORONADO STONE - FOXHILL BLEND SHERWIN WILLIAMS - URBAN PUTTY SW 7532 SHERWIN WILLIAMS - EGGWHITE SW6364 TILE US TILE - TERRACOTTACLAYLITE ROOF TILE S-1 KAWNEER - 451T VGALUMINUM STOREFRONT GLAZING SOUTH ELEVATION WEST ELEVATION NORTHWEST ELEVATION CONFIDENTIALITY STATEMENT:THIS DOCUMENT AND THE INFORMATIONHEREIN RELATING TO FIEDLER GROUP ITSCLIENT HAS BEEN FURNISHED IN CONFIDENCEFOR THE PRIVATE USE OF AUTHORIZEDPERSONNEL. NO PART HEREOF SHALL BECOPIED, DUPLICATED, DISTRIBUTED,DISCLOSED OR MADE AVAILABLE TO OTHERSOR USED TO ANY EXTENT WHATSOEVEREXCEPT AS EXPRESSLY AUTHORIZED INWRITING BY FIEDLER GROUP. ANY PERSON,FIRM OR CORPORATION RECEIVING THISDOCUMENT, HOWEVER, SHALL BY VIRTUEHEREOF BE DEEMED TO HAVE AGREED TOTHE FOREGOING RESTRICTIONS.SHEET:DATE: 09/17/2018SCALE: AS NOTEDJOB: 16062DRAWN BY:CHECKED BY:7-11 #1040693 / 382781904 W. 1ST STREET @ DAISYSANTA ANA, CA7-ELEVEN, INC.3200 HACKBERRY ROAD, IRVING, TEXAS 75063Rev. #Date Description4/16/18 DRC LETTER REVISIONS09/17/18 ENTITLEMENT RESUBMITTAL A2 PROPOSED EXTERIOR ELEVATIONSJBJB1-68 17'-6"3'-0"20'-0"RSCALE:3-SOUTHEAST ELEVATION1/4" = 1-0'SCALE:2-NORTHWEST ELEVATION1/4" = 1-0'2'-0"2'-0"2'-0"TILE2'-0"17'-6"3'-0"20'-0"TILE40'-6"17'-6"3'-0"SCALE:4-NORTHEAST ELEVATION1/4" = 1-0'SCALE:1-SOUTHWEST ELEVATION1/4" = 1-0'TILE2'-0"2'-0"2'-0"40'-6"2'-0"17'-6"3'-0"R87UNLEADED89MID-GRADE93PREMIDIESELR87UNLEADED89MID-GRADE93PREMIDIESELR87UNLEADED89MID-GRADE93PREMIDIESELR87UNLEADED89MID-GRADE93PREMIDIESELRTILERFINISH SCHEDULE :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 CABINETC CANOPY FASCIA - SHERWIN WILLIAMS DECK WHITE (SW7006)D CANOPY COLUMN - SHERWIN WILLIAMS SEAL SKIN (SW7675)E STUCCO - SHALE BROWNF FUEL ISLAND CURB - SHERWIN WILLIAMS SEAL SKIN (SW7675)G BOLLARD - SHERWIN WILLIAMS SEAL SKIN (SW7675)CONFIDENTIALITY STATEMENT:THIS DOCUMENT AND THE INFORMATIONHEREIN RELATING TO FIEDLER GROUP ITSCLIENT HAS BEEN FURNISHED IN CONFIDENCEFOR THE PRIVATE USE OF AUTHORIZEDPERSONNEL. NO PART HEREOF SHALL BECOPIED, DUPLICATED, DISTRIBUTED,DISCLOSED OR MADE AVAILABLE TO OTHERSOR USED TO ANY EXTENT WHATSOEVEREXCEPT AS EXPRESSLY AUTHORIZED INWRITING BY FIEDLER GROUP. ANY PERSON,FIRM OR CORPORATION RECEIVING THISDOCUMENT, HOWEVER, SHALL BY VIRTUEHEREOF BE DEEMED TO HAVE AGREED TOTHE FOREGOING RESTRICTIONS.SHEET:DATE: 09/17/2018SCALE: AS NOTEDJOB: 16062DRAWN BY:CHECKED BY:7-11 #1040693 / 382781904 W. 1ST STREET @ DAISYSANTA ANA, CA7-ELEVEN, INC.3200 HACKBERRY ROAD, IRVING, TEXAS 75063Rev. #Date Description4/16/18 DRC LETTER REVISIONS09/17/18 ENTITLEMENT RESUBMITTALA3PROPOSED FUEL CANOPY ELEVATIONSJBJB1-69 This page left blank intentionally. 1-70 EXHIBIT 10 1-71 1-72 EXHIBIT 11 1-73 1-74 1-75 This page left blank intentionally. 1-76 EXHIBIT 12 1-77 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 1-78 1904 W First Street, Santa Ana, CA May 2, 2019 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 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. 1-79 1-80 1-81 1-82 1-83 1-84 1-85 1-86 This page left blank intentionally. 1-87 This page left blank intentionally. 1-88 EXHIBIT 13 1-89 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.org/7-eleven-convenience-store-gas-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 Andrew Salas, Chairman Nadine Salas, Vice-Chairman Dr. Christina Swindall Martinez, secretary Albert Perez, treasurer I Martha Gonzalez Lemos, treasurer II Richard Gradias, Chairman of the council of Elders PO Box 393 Covina, CA 91723 www.gabrielenoindians@yahoo.com gabrielenoindians@yahoo.com GABRIELENO BAND OF MISSION INDIANS - KIZH NATION Historically known as The San Gabriel Band of Mission Indians recognized by 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 th e 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 1-92 SENT VIA E-MAIL AND USPS: May 14, 2019 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 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 months1. 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.aqmd.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 Construct2, Rule 203 – Permit to Operate3, Rule 461 – Gasoline Transfer and Dispensing4, Rule 1170 – Methanol Compatible Fuel Storage and Transfer5, 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.aqmd.gov/docs/default-source/rule-book/reg- ii/rule-201.pdf. 3 South Coast AQMD. Rule 203 – Permit to Operate. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg- ii/rule-203.pdf. 4 South Coast AQMD. Rule 461 – Gasoline Transfer and Dispensing. Accessed at: http://www.aqmd.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: http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/rule-1170.pdf. 6 South Coast AQMD. Rule 1401 – New Source Review of Toxic Air Contaminants. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xiv/rule-1401.pdf. 1-93 Jerry C. Guevara May 14, 2019 2 Hazard Assessment (OEHHA) methodology7 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 lsun@aqmd.gov, should you have any questions. Sincerely, Lijin Sun Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS ORC190509-01 Control Number 7 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://oehha.ca.gov/air/crnr/notice-adoption-air-toxics- hot-spots-program-guidance-manual-preparation-health-risk-0. 1-94 1-95 1-96