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HomeMy WebLinkAbout08-26-19_AGENDA PACKETPLANNING COMMISSION AGENDA August 26, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA AUGUST 26, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative VACANT Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative DAVID BENAVIDES Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Written Comments: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m. the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after the meeting. Special Assistance: If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Translation Services: For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the scheduled meeting. Lisa E. Storck Legal Counsel Vince Fregoso, AICP Interim Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA August 26, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019):Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety; Goal 2 - Youth, Education, Recreation; Goal 3 - Economic Development; Goal 4 - City Financial Stability; Goal 5 - Community Health, Livability, Engagement & Sustainability; Goal 6 - Community Facilities & Infrastructure; Goal 7 - Team Santa Ana Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted at least 72 hours prior the meeting on the City’s website at www.santa-ana.org/cc/city-meetings, and on the posting boards outside the Civic Center entrance, Council Chamber, and Library. The items on the agenda are arranged in four categories: 1. Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is typically no Commission discussion of consent calendar items unless requested. 2. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. 3. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chairman will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant and the project representative will be allowed to make a presentation, for a maximum of 15 minutes. 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker. 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission regarding Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances are final and shall become effective after the ten-day appeal period (unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council). An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission Agenda 2 August 26, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. Members of the public will be allotted three minutes to speak. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF AUGUST 12, 2019 RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. Planning Commission Agenda 3 August 26, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2019-18 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Jerry Guevara The applicant has requested the matter be continued to a future meeting. REQUEST: The applicant is requesting a conditional use permit to allow the conversion of an existing communal apartment laundry room into a publicly accessible laundromat located at 923 North Santiago Street, Unit C in the Specific Development No. 84 (SD- 84)/ Transit Zoning Code, Urban Neighborhood 2 (UN-2) subzone. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act, the project is exempt from further environmental review under the general rule pursuant to CEQA Guidelines Section 15061 (b)(3) which indicates that CEQA review applies to projects that have a potential for causing a significant impact on the environment. The proposed project would convert an existing communal apartment laundry room into a publicly accessible laundromat facility. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-94 will be filed for this project. RECOMMENDED ACTION: Continue the matter until September 23, 2019. General Notes: Legal notice published in the Orange County Reporter on August 16, 2019 and notice mailed and posted on said date. 2. VARIANCE NO. 2019-03 {STRATEGIC PLAN NO. 3,2} — Case Planner, Ivan Orozco REQUEST: The applicant is requesting approval of a variance to increase the roof height of an industrial building to 50 feet, exceeding the City’s maximum building height standards, for the property located at 3323 W. Warner Avenue in the Light Industrial (M- 1) zone. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15301 (Class 1 “Existing Facilities”). Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. The area of the roof affected by the height increase is 1,800 square feet, which is less than one percent of the total square footage of the building and is only a small fraction of the total roof surface area. This specific location where the roof will be modified is located towards the rear of the building, where it will be less visible from the right-of-way. Based Planning Commission Agenda 4 August 26, 2019 on this analysis, a Notice of Exemption for Environmental Review No. 2018-84 will be filed for this project. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-03 AS CONDITIONED TO INCREASE THE ROOF HEIGHT OF AN INDUSTRIAL BUILDING TO 50 FEET FOR THE PROPERTY LOCATED AT 3323 WEST WARNER AVENUE. General Notes: Legal notice published in the Orange County Reporter on August 16, 2019 and notice mailed and posted on said date. Decision on this matter is final unless appealed within 10 days by any interested individual or group. 3. GENERAL PLAN AMENDMENT NO. 2019-02 AND VARIANCE NO. 2019-04 {STRATEGIC PLAN NO. 3,2} — Case Planner, Ivan Orozco REQUEST: The applicant is requesting approval of a general plan amendment to change the general plan land use designation from Low-Density Residential (LR-7) to General Commercial (GC) and a variance to allow a reduction in the City’s minimum lot size and side yard setback standards in order to facilitate the construction of a new 3,705 square-foot medical office building located at 402 North Euclid Street in the Community Commercial (C-1) zone. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15303 (Class 3 “New Construction or Conversion of Small Structures”). Class 3 Categorical Exemption allows for the construction of new, in-fill commercial buildings in a zone which permits Commercial land uses. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for this project. RECOMMENDED ACTIONS: a. Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2019-02 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION OF THE PROPERTY LOCATED AT 402 NORTH EUCLID STREET TO GENERAL COMMERCIAL IN ORDER TO FACILITATE CONSTRUCTION OF A MEDICAL OFFICE BUILDING; and b. Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-04 TO ALLOW A REDUCTION IN MINIMUM LOT SIZE AND SIDE YARD SETBACK IN ORDER TO FACILITATE CONSTRUCTION OF A 3,705-SQUARE FOOT MEDICAL OFFICE BUILDING FOR THE PROPERTY LOCATED AT 402 NORTH EUCLID STREET General Notes: Legal notice published in the Orange County Reporter on August 16, 2019 and notice mailed and posted on said date. Recommendation on this matter will be forwarded to the City Council at a later date for final determination. Planning Commission Agenda 5 August 26, 2019 * * * END OF BUSINESS CALENDAR * * * COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held on Monday, September 9, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Conditional Use Permit No. 2019-23: 1825 E. Newport Circle to renew entitlements of a major wireless communications facility • Conditional Use Permit No. 2019-24: 1544 E. Warner Avenue to allow the sale of distilled spirits • Conditional Use Permit No. 2019-29: 414 W Fourth Street to allow the sale of beer and wine • Conditional Use Permit No. 2019-01; Minor Exception No. 2019-01: 4405 W. Edinger to construct a new community service building on an existing campus, to add 110 seats within the existing church mezzanine and to expand the parking lot to provide additional off-street parking; five existing single-family homes are proposed for demolition and the four lots will be consolidated into one parcel. • Zoning Ordinance Amendment No. 2019-04: to amend sections of the code prohibiting the establishment of cyber cafes citywide • Conditional Use Permit Nos. 2019-30, 2019-31 and Variance No. 2018-10:301 N. Tustin Avenue to allow a car wash, a retail market less than 20,000 square feet open between the hours of 12:00 a.m. and 5:00 a.m., and to reduce the required yards. 1 PLANNING COMMISSION MINUTES August 12, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 12, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:42 P.M. ATTENDANCE COMMISSIONERS Present: DAVID BENAVIDES ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN FELIX RIVERA COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner SELENA KELAHER, Associate Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF JUNE 24, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) A-1 2 PLANNING COMMISSION MINUTES August 12, 2019 ABSENT: None (0) B. MINUTES FROM THE CANCELED MEETING OF JULY 22, 2019 MOTION: Approve Minutes. MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS *Item No. 1 moved to the end of the calendar* MISCELLANEOUS- BUSINESS 2. PUBLIC FACILITIES NAMING NO. 2019-01 {STRATEGIC PLAN NO. 3, 2} – Vince Fregoso, Case Planner. REQUEST: Filed by the City of Santa Ana to name a new city park located at 720 East Sixth Street “Parque Mariposa” (Butterfly Park). Case planner Fregoso provided a staff presentation. Chair McLoughlin opened the Public Hearing. The following individuals spoke in support of the matter. • Isuri Ramos • Kimberly Castro • Idalia Rios • Maricela Castro • Adela Montanez There were no other speaker and the Public Hearing was closed. Commission inquired on the reasoning for selecting “parque” over “park.” Pointed out that no other park in the City is named “parque.” Community member, Isuri Ramos, responded A-2 3 PLANNING COMMISSION MINUTES August 12, 2019 that a community meeting was held and community members believed “parque” was representative of the area’s population. Commissioner Benavides motioned to approve the motion as recommended. Commissioner Nguyen seconded the motion but made a friendly amendment to name the park “Mariposa Park” in an effort to maintain consistency in the naming of City parks. The friendly amendment was accepted by Commissioner Benavides. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO NAME A NEW CITY PARK AT 720 EAST SIXTH STREET “MARIPOSA PARK” MOTION: Benavides SECOND: Nguyen VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. STREET NAMING NO. 2019-01 {STRATEGIC PLAN NO. 3,2} – Vince Fregoso, Case Planner. REQUEST: Filed by the City of Santa Ana to rename a street segment within the Santa Ana Auto Mall from Dan Gurney Drive to Roger Penske Drive. The street segment is generally located west of the intersection of Auto Mall Drive and Dan Gurney Drive. Case Planner Fregoso provided a staff presentation. Chair McLoughlin opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO CHANGE THE NAME OF A STREET SEGMENT IN THE SANTA ANA AUTO MALL TO ROGER PENSKE DRIVE MOTION: Nguyen SECOND: Benavides VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-3 4 PLANNING COMMISSION MINUTES August 12, 2019 PUBLIC HEARING 4. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-01, DEVELOPMENT AGREEMENT NO. 2018-01, GENERAL PLAN AMENDMENT NO. 2018-06 AND AMENDMENT APPLICATION NO. 2018-10 {STRATEGIC PLAN NO. 3, 2} – Vince Fregoso & Selena Kelaher, Case Planners. REQUEST: Filed by AC 2525 Main, LLC to allow the construction of a 347-unit multi-family project on a 5.93-acre site located at 2525 N. Main Street in the Professional (P) zone. Chair McLoughlin and Commissioners Benavides, Cano, Nguyen and Rivera disclosed that they made contact with the applicant and community leader, Dale Helvig, to discuss the project. Vice Chair Contreras-Leo disclosed she only made contact with community leader, Dale Helvig, to discuss the project. Case planners Fregoso and Kelaher provided a staff presentation. Commission discussion ensued regarding parking, intersection modifications, and traffic. Written comments in support were received by the established deadline from the following individuals (listed in alphabetical order). 1. Hamlin, Tim 2. McDaniel, Doug 3. Trimble, Marc *submitted 2 comments 4. Wood, Lewis The following submitted written comments in opposition by the established deadline (listed in alphabetical order). 1. Allen, Adeline A. 2. Almich, Karen 3. Angell, Mark 4. Angell, Pamela 5. Basalone, Janet C. 6. Black, Joni 7. Bonnett, Sharon 8. Bonnett, Bill 9. Britton, George 10. Brodell, Mark 11. Bruckner, Elizabeth 12. Call, Harry M. 13. Campbell, Cliff 14. Chapel, Raymond 15. Cancino, Darcie 16. Conradson, Cherly 17. Crawford, Susan 18. Dalton, Elizabeth 19. Devol, Dan 20. Dorsa-Smith, Christina 21. Eaton, Karen 22. Evret, Dan 23. Foster, Jeffrey *Submitted 2 Comments 24. Foucalt, Maureen 25. Fradkin, Diane *Submitted 6 Comments 26. Fradkin, John 27. Franco, Miguel 28. Franklin, Tara *Submitted 2 Comments 29. Fuller, Alan H. 30. Fuller, Marilyn 31. Ganz, Lisa 32. Glaspell Donovan, Craig 33. Grange, Scott 34. Gullikson, Sharon 35. Hastie, David 36. Hay, Mark 37. Helvig, Dale A-4 2 PLANNING COMMISSION MINUTES August 12, 2019 38. Henn, Jackie 39. Hicks-Debach, Deborah *Submitted 2 Comments 40. Hyatt, Susan 41. Igar, Karyn *Submitted 2 Comments 42. Keenan, Bobi 43. Koldewey, Ellen 44. Lake, Chuck 45. Lee, Theresa 46. Livingston, Sylvia 47. Lopez, Angelina 48. Mang, Paul 49. May, Sylvina 50. McGurrel, Eileen 51. Meyer, Maryann 52. Minegar, Susan *Submitted 2 Comments 53. Nakamura, Kathy 54. O’leary, Patricia 55. Orozco, Rafael 56. Peck, Joyce 57. Plantamura, Michael 58. Poteraj, Brian 59. Prado, Jesus 60. Rossignol, Loren 61. Rossignol, Michelle 62. Sanford & Marrocco, K. & N. 63. Schmabel, Marnie 64. Sherman, John 65. Sherman, Joshua *Submitted 2 Comments 66. Sherman, Tony 67. Sidell, Heather 68. Sterett, Jennifer 69. Swytak, Stephen 70. Thompson, Bonnie 71. Tomlinson, Julie 72. Trageser, Mark 73. Troup, Jeanne 74. Tsai, Mitchell 75. Tschetter, Judy 76. Waite, Heather 77. Wardinski, Lenette 78. Zingrabe, Nanci The following submitted written comment in support during the meeting. 1. Ogulnick, Ryan The following submitted written comments in opposition during the meeting. 1. Bacerra, Phil 2. South Coast AQMD 3. Tsai, Mitchell *exact copy was also submitted electronically The following submitted written comment in opposition after the established deadline. 1. Washington Square Neighborhood Association Chair McLoughlin opened the Public Hearing. The applicant provided a presentation which included information on the proposed project and modifications that had been made to the project. Commission inquired about parking space ratio and amenities. A-5 2 PLANNING COMMISSION MINUTES August 12, 2019 The following individuals expressed support for the matter (listed in order of speaker). 1. Arianne 2. McDorman, Tom Representing Discovery Cube 3. Alan 4. Jensen 5. Freddy 6. Sevak 7. Ruiz, Thomas; Representing Laborers Local 652 8. Martinez, Enrique Representing Laborers Local 652 9. Castreson, Carlos; Representing Laborers Local 652 The following individuals expressed opposition to the matter (listed in order of speaker). 1. Maize, Patty 2. Wilson, Anne 3. Luna, Susan 4. Ortiz, Miguel 5. Swytak, Stephen, Representing North Santa Ana Preservation Alliance (NSAPA); 6. Maag, Paul 7. Fradkin, John distributed handout 8. Fradkin, Diane distributed handout 9. Steggell, Steve 10. Franklin, Tara 11. Angell, Pamela 12. Scandrett, Eric 13. Lopez, Joe R. 14. Gomez, Rich Representing Southwest Regional Council Carpenters (SWRCC); distributed letter 15. Leigh, William 16. Feldmen, Harris 17. Lopez, Esther 18. Wolfelt, Mark Representing SWRCC 19. Morgan, Michael Representing SWRCC 20. Poteraj, Brian 21. Gullikson, Sharon 22. Angell, Mark 23. Call, Brenda 24. Dresser, Jeff 25. MacLeith, Douglas 26. Lopez, Frank 27. Sidell, Heather 28. Cancino, Darcie 29. Schaefer, Phil 30. Schnabel, Marnie Representing NSAPA 31. Maize, Paul 32. Luna, Norma 33. Helvig, Michelle Representing NSAPA 34. Debach, Robert 35. Wardinski, Steve 36. Newcomer, Glenda 37. O’valle, Michael Representing NSAPA 38. Denny-Helvig, Christine Representing NSAPA 39. Kirk, Rory 40. Dial, Gary 41. Bonnett, Bill 42. Wardinski, Lenette 43. Lujan, Dimitri 44. Helvig, Dale Representing NSAPA 45. Morehead, Cathy Representing NSAPA 46. Barnes, Angel 47. Purrington, Susan Representing NSAPA 48. Eaton, Karen Representing NSAPA 49. Cartney, Thomas 50. Pariseau, Sharon 51. Foster, Jeffrey 52. Park, Carol Representing NSAPA 53. Johnson, Genelle Representing NSAPA 54. McDonald, Sue 55. Tirtilli, Bea 56. Igar, Karyn 57. Plantamura, Michael 58. Candy, Kristin 59. Candy, Giles 60. Medina, Kelly Representing NSAPA 61. Curran, Debra Representing NSAPA 62. Mutz, Tracy 63. Mutz, Whitney 64. Frazier, Thomas A-6 2 PLANNING COMMISSION MINUTES August 12, 2019 65. Andres, Eugene 66. Coleman, Patricia 67. Slaton, David 68. Slaton, Carol 69. Ganz, Lisa 70. Rush, Tim Representing Wilshire Square Neighborhood Association 71. Hernandez, Frank 72. Gomez, Francisco Representing SWRCC 73. Hryniwicki, Hannah 74. Richardson, Rob 75. Dorsa, Christina Representing Morrison Park Neighborhood Association 76. DeLaRosa, Leonard Representing SWRCC 77. Zhu, Anna The following individuals maintained a neutral position on the matter. 1. Hendricks, Gary Applicant responded stating that a petition in support of the project garnered 1500 signatures, parking has been increased, and all aspects of the project been reviewed by the City. There were no other speakers and the hearing was closed. Commission discussion ensued regarding the single-entry point to the project and the petition mentioned by the applicant. A motion to deny the recommended action was made by Vice Chair Contreras-Leo and seconded by Chair McLoughlin. Before vote was taken, commission discussed reasoning for their vote. MOTION TO DENY THE FOLLOWING: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) ADOPT ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2018021031), (3) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT, (4) ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ.; c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2018-06 AMENDING THE LAND USE ELEMENT TO A-7 2 PLANNING COMMISSION MINUTES August 12, 2019 DISTRICT CENTER FOR THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET; and d) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY. MOTION: Contreras- Leo SECOND: McLoughlin VOTE: AYES: Cano, Contreras-Leo, McLoughlin, (3) NOES: Benavides, Rivera, Nguyen (3) ABSTAIN: None (0) ABSENT: None (0) *Vote was taken by roll call. Impasse was declared. Assistant City Attorney Storck informed applicant of options. Applicant elected denial without prejudice in which the matter would be forward to City Council for determination. ADMINISTRATIVE MATTERS 1. ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2019-2020 Commissioner Cano nominated Chair McLoughlin as Chairperson, it was seconded by Commissioner Rivera. Commissioner Nguyen amended the motion and nominated Commissioner Contreras-Leo, it was seconded by Commissioner Benavides. Chairperson. Vice-Chair Contreras-Leo kindly declined the nomination. Back to original motion. MOTION: Elect Mark McLoughlin as Chairperson for the 2019-2020 term MOTION: Cano SECOND: Rivera VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Elect Cynthia Contreras-Leo as Vice-Chairperson for the 2019-2020 term MOTION: Cano SECOND: McLoughlin VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) A-8 3 PLANNING COMMISSION MINUTES August 12, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Elect Felix Rivera as Representative from the Planning Commission to the Historic Resources Commission for the 2019-2020 term. MOTION: Benavides SECOND: Contreras-Leo VOTE: AYES: Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF BUSINESS CALENDAR * * * COMMENTS 5. STAFF COMMENTS Planning Manager Neal o Announced her departure from the city. Thanked Commission. 6. COMMISSION MEMBER COMMENTS All Commissioner wished Planning Manager Neal well and thanked staff for their work. 10:34 P.M. ADJOURNMENT –The next regular meeting will be held on August 26, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-9 This page left blank intentionally. 2 - 1 2 - 2 2 - 3 2 - 4 EXHIBIT 1 2 - 5 This page left blank intentionally. 2 - 6 LS 8.26.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-03 AS CONDITIONED TO INCREASE THE ROOF HEIGHT OF AN INDUSTRIAL BUILDING TO 50 FEET FOR THE PROPERTY LOCATED AT 3323 WEST WARNER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Jonathan Matson, representing Aluminum Precision Products (Applicant), is requesting approval of Variance No. 2019-03 to increase the roof height of an existing industrial building to 50 feet for the property located at 3323 West Warner Avenue. Buildings in the Light Industrial (M-1) zoning district are limited to a maximum height of 35 feet. B. The request to allow the building height of a portion of the building to 50 feet originates from the need to house a new hydraulic press machine that does not fit within the existing roof height. C. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. D. Variance No. 2019-03 came before the Planning Commission of the City of Santa Ana on August 26, 2019, for a duly noticed public hearing. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-03 to increase the height of an existing building to 50 feet: 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. 2 - 7 Resolution No. 2019-xx Page 2 of 7 The project site has special circumstances related to its location, surroundings and topography. The proposed hydraulic press requires modification of the current building above the allowable maximum height per the zoning district. The hydraulic press is built to specific dimensions that require high ceilings regardless of the square-footage that the machine encompasses. Within the Light Industrial M-1 zoning district, there is a requirement to place all equipment within the building or to provide a screen capable of screening the item from public view. By allowing the machine to be installed inside the building, Aluminum Precision Products will be consistent with the other industrial properties in the near vicinity. Finally, the roof extension is proposed towards the rear portion of the building which promotes less visible impacts of the overall height. Finally, the subject property is located within an industrial area. No sensitive land uses are located within a 2,000-foot radius. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a small portion (<1%) of the roof to be constructed to a height of 50 feet, would allow the business owner the ability to provide the necessary infrastructure to house new equipment that would allow the business to remain competitive with other businesses in the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The subject site was constructed with a warehouse/office building and was first occupied by a manufacturing use. The project would allow the business to continue operating as it has for almost 25 years. The site and business operation will continue to operate within the required industrial operational standards and therefore will not be detrimental to the public welfare or injurious to the surrounding properties. Further, having the installation of the large new machine within the building will promote the potential for creating less noise and vibration impacts onto the adjacent properties, thereby benefitting the surrounding property. Finally, the area of the roof affected by the height increase is 1,800 square feet, which is less than one percent of the total square footage of the building 2 - 8 Resolution No. 2019-xx Page 3 of 7 and is only a small fraction of the total roof surface area. The specific location where the roof will be modified is located towards the rear of the building, where it will be less visible from the street right-of-way. 4. That the granting of a variance will not adversely affect the General Plan of the city. The subject property has a General Plan Land Use Designation of Industrial (IND) which is implemented with the Light-Industrial (M-1) zoning designation. Approving the variance would allow the Applicant to continue operating the manufacturing-type business. Therefore, the project will not adversely affect the General Plan, but rather support the goals of the city’s General Plan. Goal 2.8 and 2.9 of the Land Use Element supports development which promotes rehabilitation of commercial properties and increased levels of capital investment, as well as, supporting developments that create a business environment that is safe and attractive. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15301 (Class 1 “Existing Facilities”). Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. The area of the roof affected by the height increase is 1,800 square feet, which is less than one percent of the total square footage of the building and is only a small fraction of the total roof surface area. The specific location where the roof will be modified is located towards the rear of the building, where it will be less visible from the right-of-way. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-84 will be filed for this project. Section 3. 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 2 - 9 Resolution No. 2019-xx Page 4 of 7 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 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-03 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 3323 West Warner Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 26, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26h day of August 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2 - 10 Resolution No. 2019-xx Page 5 of 7 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 August 26, 2019. Date: ________________ ____________________________________ Recording Secretary 2 - 11 Resolution No. 2019-xx Page 6 of 7 EXHIBIT A Conditions for Approval for Variance No. 2019-03 Variance No. 2019-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division Conditions: 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-24) and the staff report exhibit. 2. Any amendment to this variance, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if variance must be amended. 3. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. 4. Within thirty (30) days of approval of this variance, 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, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The 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 2 - 12 Resolution No. 2019-xx Page 7 of 7 and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (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 Property 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 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. 2 - 13 This page left blank intentionally. 2 - 14 EXHIBIT 2 2 - 15 This page left blank intentionally. 2 - 16 7/15/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 VARIANCE NO. 2019-03, ALUMINUM PRECISION PRODUCTS3323 WEST WARNER AVENUE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2 - 17 This page left blank intentionally. 2 - 18 EXHIBIT 3 2 - 19 This page left blank intentionally. 2 - 20 2 - 21 This page left blank intentionally. 2 - 22 EXHIBIT 4 2 - 23 This page left blank intentionally. 2 - 24 2 - 25 This page left blank intentionally. 2 - 26 EXHIBIT 5 2 - 27 This page left blank intentionally. 2 - 28 2 - 29 This page left blank intentionally. 2 - 30 EXHIBIT 6 2 - 31 This page left blank intentionally. 2 - 32 2 - 33 This page left blank intentionally. 2 - 34 3 - 1 3 - 2 3 - 3 3 - 4 3 - 5 This page left blank intentionally. 3 - 6 EXHIBIT 1 3 - 7 This page left blank intentionally. 3 - 8 Resolution No. 2019-xx Page 1 of 5 LS 10.1.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2019-02 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION TO GENERAL COMMERCIAL IN ORDER TO FACILITATE CONSTRUCTION OF A MEDICAL OFFICE BUILDING OF THE PROPERTY LOCATED AT 402 NORTH EUCLID 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. Paul Kim (Applicant), representing CN Square Office Building, is requesting approval of General Plan Amendment No. 2019-02 to amend the General Plan land use designation of the property at 402 North Euclid Street from Low-Density Residential (LR-7) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change in order to facilitate construction of a new 3,705-square foot medical office building, associated parking, and landscaping for the property located at 402 North Euclid Street. B. On August 26, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Categorical Exemption, Environmental Review No. 2017-50 and approve General Plan Amendment No. 2019-02. C. On October 1, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2019-02, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. General Plan Amendment No. 2019-02 has been filed to amend the General Plan to change the land use designation of the property at 402 North Euclid Street from Low-Density Residential (LR-7) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change. E. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use 3 - 9 Resolution No. 2019-xx Page 2 of 5 programs specified in the General Plan for the City of Santa Ana in that: i. The City of Santa Ana has officially adopted a General Plan. ii. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the goals/objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: 1. The existing General Plan land use designation for the project area is Low-Density Residential (LR-7) which is typically in areas that are located away from main arterial streets and within tracts that provide single-family residential properties, with maximum density of seven units per acre. 2. The proposed General Plan land use designation for the project area is General Commercial (GC) which applies to commercial corridors and major arterial roadways in the City, allows for facilities and services including shopping, recreation, cultural and entertainment activities and the floor area ratio intensity ranges from 0.5 to 1.0. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element, Economic Development Element, Circulation Element, and Urban Design Element. In specific, General Plan Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Policy 1.10 to encourage the location of commercial centers at arterial roadway intersections in commercial districts. Land Use Element Goal 2 to promote land uses that enhance the City’s economic and fiscal viability. Policy 2.4 supporting pedestrian access with an enhanced pedestrian walkway. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.9 supporting developments that create a business environment that is safe and attractive. Policy 5.5 to encourage development that is compatible with and supporting of surrounding land uses. The proposed medical building and its operation is compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City’s economic base. Specifically, Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Economic Development Goal 4 to expand the tax base of local 3 - 10 Resolution No. 2019-xx Page 3 of 5 government to improve and maintain the level of public services. Policy 4.1 to target business attraction and retention resources towards firms with high positive net revenue implications for local government, particularly those engaged in business-to-business taxable sales transactions. Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City’s transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. 4. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. F. The City Council has weighed and balanced the General Plan’s policies, and has determined that based upon this balancing that General Plan Amendment No. 2018-05 is consistent with the purpose of the general plan. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommendation is exempt from further review pursuant to Section 15303 (Class 3 “New Construction or Conversion of Small Structures”). The Class 3 Categorical Exemption allows for the construction of new in-fill commercial buildings in a zone which permits commercial land uses if not involving the use of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for this project. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2019-02. The amendments to the Land Use Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated October 1, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 3 - 11 Resolution No. 2019-xx Page 4 of 5 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. Section 5. 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 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3 - 12 Resolution No. 2019-xx Page 5 of 5 AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, 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: ________________ ____________________________________ Daisy Gomez Clerk of the Council City of Santa Ana 3 - 13 This page left blank intentionally. 3 - 14 EXHIBIT 2 3 - 15 This page left blank intentionally. 3 - 16 LS 8.26.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-04 TO ALLOW A REDUCTION IN MINIMUM LOT SIZE AND SIDE YARD SETBACK IN ORDER TO FACILITATE CONSTRUCTION OF A 3,705-SQUARE FOOT MEDICAL OFFICE BUILDING FOR THE PROPERTY LOCATED AT 402 NORTH EUCLID STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Paul Kim with Source Architecture Inc., representing CN Square Office Building (Applicant) is requesting approval of Variance No. 2019-04 to allow the construction of a 3,705-square foot medical building on a vacant substandard lot with reductions in lot size and side yard setback for the property located at 402 North Euclid Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. C. On August 26, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing for Variance No. 2019-04. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a variance pursuant to SAMC Section 41-638, have been established for Variance No. 2019-04 to allow a reduction in lot size and side yard setback: 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. The project site has special circumstances related to its size, shape and surroundings. Pursuant to SAMC Section 41-373, the minimum size of a lot in the subject zone should be 3 - 17 Resolution No. 2019-xx Page 2 of 6 15,000 square feet. The subject lot measures 14,859 square feet. The site is deficient in size by 141 square feet, which equates to less than one (1) percent. The lot was legally combined through a voluntary lot merger which combined 402 and 406 North Euclid Street into a more developable lot. Furthermore, developing the lot and applying 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 the zoning code. Requesting that the building provide the necessary side yard setback requirement of 15 feet would drastically reduce the size of the building, thereby making the development of the vacant property unfeasible. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. With a limited lot size, denying the Applicant’s request to improve the property will deprive the right to construct a commercial building, which is otherwise permitted on other properties within the same vicinity and zone. If the variance is not granted, the property cannot be developed. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The subject lot was legally created through the merging of two separate vacant lots. Each of the previously separate lots would not meet the minimum lot size or street frontage requirements on which to develop a building. The 402 North Euclid Street parcel was approximately 4,778 square feet in size, while the 406 North Euclid Street parcel was approximately 10,081 square feet. The project has been designed to be compatible with the neighboring commercial buildings. Furthermore, special consideration was placed on the design of the lot, building placement, and perimeter walls in order to guarantee that the proposed development will not be detrimental to the public welfare or injurious to the surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan. 3 - 18 Resolution No. 2019-xx Page 3 of 6 Along with the application for this variance, a general plan amendment is also being requested by the Applicant. Currently, the subject property has a General Plan Land Use Designation of Low Density Residential (LR-7) which the Applicant is requesting to change to General Commercial (GC). Approving the variance would allow the Applicant to construct a new 3,705 square feet medical building on the vacant lot. Therefore, the project as a whole will not adversely affect the General Plan, but rather support the goals of the city’s General Plan. Goal 3.1 of the Land Use Element supports development which provides a positive contribution to neighborhood character and identity and Goal 3.5 encourages new development that is compatible in scale, and consistent with the architectural character of the neighborhood. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommendation is exempt from further review pursuant to Section 15303 (Class 3 “New Construction or Conversion of Small Structures”). The Class 3 Categorical Exemption allows for the construction of new in-fill commercial buildings in a zone which permits commercial land uses if not involving the use of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Based on this analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for this project. Section 3. 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. 3 - 19 Resolution No. 2019-xx Page 4 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-04 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 402 North Euclid Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 26, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of August 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 26, 2019. Date: ________________ ____________________________________ Sarah Bernal Recording Secretary 3 - 20 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions for Approval for Variance No. 2019-04 Variance No. 2019-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. Planning Division Conditions: 1. Approval of Variance No. 2019-04 is contingent upon City Council approval of General Plan Amendment No. 2019-02. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-19) and the staff report exhibit. 3. Any amendment to this variance, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if variance must be amended. 4. Prior to submittal into building plan check, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. 5. Within thirty (30) days of approval of this variance, 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, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3 - 21 Resolution No. 2019-xx Page 6 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (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 Property 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 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. 3 - 22 EXHIBIT 3 3 - 23 This page left blank intentionally. 3 - 24 7/17/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 GPA NO. 2019-02 VAR NO. 2019-04, CN SQUARE MEDICAL BUILDING402 NORTH EUCLID STREET EXHIBIT 3 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3 - 25 This page left blank intentionally. 3 - 26 EXHIBIT 4 3 - 27 This page left blank intentionally. 3 - 28 3 - 29 This page left blank intentionally. 3 - 30 EXHIBIT 5 3 - 31 This page left blank intentionally. 3 - 32 N 3 - 33 This page left blank intentionally. 3 - 34 EXHIBIT 6 3 - 35 This page left blank intentionally. 3 - 36 N 3 - 37 This page left blank intentionally. 3 - 38 EXHIBIT 7 3 - 39 This page left blank intentionally. 3 - 40 3 - 41 3 - 42 EXHIBIT 8 3 - 43 This page left blank intentionally. 3 - 44 3 - 45 This page left blank intentionally. 3 - 46